,%. ^-v* IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I IffKS IF I u m 12,2 u Hi Ki 112.0 US Itt 1.8 m iiiiiu 111.6 /: '/ -^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 \ #^ \\ -'', '* 'C^, ^:\ WriS V^Z"^ 7^ ^ CIHM/ICMH Microfiche Series. CIHIVi/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notaa/Notas tachniquas at bibliographiquas The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checlced below. □ Coloured covers/ Couverture de couleur I — I Covers damaged/ D D D D n n Couverture endommagie Covers restored and/or laminated/ Couverture restaur^ at/ou pellicul^e Cover title missing/ Le titre de couverture manque Coloured maps/ Cartes giographiquas en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bieue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Relii avec d'autres documents Tight binding may cause shadows or distortion along interio.' margin/ La re liure serrie peut causer de I'ombre ou de la distorsion la long de la marge intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajouties lors d'une restauration apparaissent dans le texte. mais. lorsque cela itait possible, ces pages n'ont pas 6x6 filmAas. L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6ti possible de se procurer. Les details de cet exemplaire qui sont peut-dtre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mithoda normaie de filmage sont indiquis ci-dessous. D D D D El D D Coloured pages/ Pagaa de couleur Pages damaged/ Pages endommagtes Pages restored and/or laminated/ Pages restauries et/ou pelliculies Pages discoloured, stained or foxed/ Pages dicolories. tachetdes ou piqudes Pages detached/ Pages ditachees Showthrough/ Transparence r~l Quality of print varies/ Qualiti inigala de I'impression Includes supplementary material/ Comprend du material supplementaire Only edition available/ Seule Edition disponibie Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partieilement obscurcies par un feuiliet d'errata, une pelure, etc.. ont iti filmies d nouveau de facon i obtenir la meilleure image possible. El Additional comments:/ Commentairas supplAmentaires: Wrinkled pages may film slightly out of focus. This item is filmed at the reduction ratio checked below/ Ce document est filmi au taux de rMuction indiquA ci-dessous. 10X 14X 18X 22X 26X 30X y 12X 16X 20X 24X 28X 32X The copy filmed here has been reproduced thanks to the generosity of: D. B. Weldon Library University of Western Ontario (Regional History Room) The images appearing here are the best quality possible tionsidering the condition and legibility of the original copy and In keeping with the filming contract specifications. Criginal copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol —^-(meaning "CON- TINUED"), or the symbol y (meaning "END"), whichever applies. IViaps, 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: L'exemplaire filmi fut reproduit grAce d la ginirositi de: D. B. Weldon Library University of Western Ontario (Regional History Room) Les images suivantes ont iti reproduites avec le plus grand soin, compte tenu de la condition et de la netteti de l'exemplaire filmA, et en conformity avec les conditions du contrat de filmage. Les exemplaires originaux dont la couverture on papier est imprimte sont fllmto en commenpant par le premier plat et en terminant soit par la dernlAre page qui comporte une empreinte d'impression ou d'illustratlon, soit par le second plat, selon le cas. Tous les autres exemplaires originaun sont film^s en commenpant par la premiere page qui comporte une empreinte d'impression ou d'illustratlon et en terminant par la derni^re page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la derniAre image de cheque microfiche, selon le cas: le symbols — »> signifie "A SUIVRE". le symbole y signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre fiimte d des taux de rMuction diffirents. Lorsque le document est trop grand pour dtre reproduit en un seui cliche, ii est film4 A partir de I'angle supirieur gauche, de gauche d droite, et de haut en bas. en prenant le nombre d'images n^cessaire. Las diagrammes suivants illustrent la m^thode. 1 2 3 1 2 3 4 5 6 \ I M rf- » I OONT. MUNIC SCOBIE'S iImunicipal manual FOR UPPER CANADA, FOURTH EBITION, } CONTAINING, BESIDES THE CONTENTS OF THE THREE PREVIOtXa , EDITIONS, THE ACTS THAT HAVE SINCE BEEN PASSED BY THE LEGISLATURE OF THE PROVINCE, TO THE END OF THE YEAR 1852; IN BEFEKENCB TO MUNICIPALITIES AND THE MUNICIPAL SYSTEM ESTABLISHED IN UPPER CANADA : WITH A COPIOUS INDEX. TORONTO: . HUGH SQOBIE, 16, KING STREET EAST. SOLD ALSO BY ALL BOOKSELLERS. X863. V 'i i '*. t ,/ Cl -< *> A r 1^ .5 f4 M' poral^ erul' \ • <;rs 5 \)b)d « ■"DO »rnn,' jW MUNICIPAL CORPORATIONS, UPPER CANADA. * ACT 12 VIC, CAP. 81. 'iti^ in Act to provide, by one general law, for the erection of Municipal Cor- porations, and the establishment of Regulations of Police, in and for the sev- eral Counties, CitieSf Toions, Tovmships and Villages in Upper Canada. [30th May, 1849.] HEREAS it will be that provision should Preamble. of great public benefit and advantage be made, by one general law, for the sreclion of Municipal Corporations and the establishment of Regulations jf Police in and for the several Counties, Cities, Towns, Townships md Villages in Upper Canada : And whereas, with a view to this object, » certain Acts of the Parliament of this Province, and certain others of the Parliament of the late Province of Upper Canada, have, by an Act )assed during this present Session of Parliament been repealed: Beit therefore enacted by the Queen's Most Excellent Majesty, by and nth the advice and consent of the Legislative Council and of the legislative Assembly of the Province of Canada, constituted and assem- jled by virtue of and imder the authority of an Act passed in the Par- ; liament of the United Kingdom of Great Britain and Ireland, and inti- [uled. ^n Act to re-unite the Provinces of Upper and Lower- Canada, and Tor the Government of Canada, and it is hereby enacted by the authority if the same. That this Act .shall commence and have force and effect Commencement ipon, from and after the first day of January, in the year of our Lord, oftbiu Act. |ne thousand eight hundred and fifty, and not before ; excepting always Exception as to " jch of its provisions as may require that any thing be done preparatory prepBratory pro- ( the first elections to be held under it, which provisions shall be in *=^''*"8«- force immediately upon, from and after the passing thereof. L TOWNSHIPS. II. And be it enacted. That the inhabitants of each Township in Jpper Canada, which shall have one hundred or more resident freehold- rs or householders on the Collector's Roll thereof, for the last year that the same shall have been made up, prior to tne time this Act is ippointed to come into force, shall be a Body Corporate, and as such Bnall have perpetual succession and a Common Seal, with power to break, renew and alter the same at pleasure, and shall be capable of suing and being sued, of pleading and being impleaded in all Courts Eind places whatsoever, of purchasing, acquiring and holding lands and lenements, and other real and personal property within such Township lor the use of the inhabitants thereof, in their corporate capacity, and |f making and entering into such contracts as may be necessary for pe exercise of their corporate functions, and that all such powers ehall ke exercised by, through and in the name of the Municipality of each Township respectively. III. And be it enacted. That it shall be the duty of the Municipal xownshi Council for each District in Upper-Canada, at a Special Meeting to be ingiess tKana ' [leld for that purpose on the second day of October next after the pass- <""t»'n popular 4g of thisAct, and to be continued by adjournment from time to time to w Sther^* h!J? Inhabitant* of Townebi|ia in- corporated. Their Corporate powem. How ezerciKd. TOWNSHIP MUNICIPALITIES. Which sImI) b« the Junior Township. Ai to Townihipa iiewiy laid out or havlug le«i than a eeriain population after lit Jan. 1890. Ah to Townihipa having Rural Wards. Word •• Town- ■bip" interpret- ed. Townships may be divided into Rural Wards, and bow. A place in ee.sh Ward to be ap- pointed for elec- tioni, 4c. Puhlieation of By-laws for a division into Wards. such period not being beyond the second day of November next there* after, as may be necessary for completing the business hereby imposed upon them, by a By-law to b'l passed for that purpose at such meeting, to attach every Township lying within any County in their District which shall have within it less than one hundred resident freeholders and householders on the Collector's Roll for the last year, that the same shall have been made up prior to the f>aid second day of October next, to some other adjacent Township Iving within the same County, and such Township so united or attacned to such adjacent Township, shall, until the dissolution of such Union as provided for by this Act, be known as the Junior Township of such Union of Townships, and be lepresented in one Municipality in common with such adjacent Township, which shall in like manner be known as the Senior Township nf sucti Union ; and from and after the first day of January next, after the passing of tnis Act, every Township newly laid out by the Crown, or not havnig within it one hundred resident freeholders and householders on the Col- lector's Roll, and not then already attached to or united with any other Township as aforesaid, shall, by a By-law of the Municipal Council of the County in which such Township shall be situate, be united for the purposes of this Act to such adjacent Township, in such County as such Municipal Council shall think fit, and also to some one particu- lar rural Ward of such Township, where such last mentioned Township shall have been divided into such Wards, or part of it to one of such Wards and part of it to another of such Wards, with a view to the representation of the freeholders and householders thereof, in the Muni- cipality of such United Townships, and all such Townships shall, while they shall continue so united, be called The United Tovmships of mentioning their names j and the word Township, shall for the purposes of this Act, be held and considered to apply to and include Townships so united as well as single Townships, and such Unions may be njade to consist of two or more Townships, as convenience may require. IV. And be it enacted. That it shall an'd r.-.ay be lawful for every such Municipal Council if they deem it expedient so to do, in and by such By-law, to divide each of the Townships (including Unions of Townships as aforesaid,) in each County, into rural Wards, for the elec- tion of Township Councillors, for such Township excluding from such Wards any and every Incorporated Village, Town or City, and the lib- erties thereof lying within the limits of such Township, which Divi- sion into rural Wards shall be made in such manner that the several Wards in each of such Townships shall, as regards the number of free- holders and householders entitled to vote at the election of Township Councillors for the same, respectively, be as nearly equal as practicable, regard being however also had to the convenience of such freeholders and householders, and to the rendering each of such rural Wards as compact as circumstances will permit. V. And be it enacted. That every such Municipal Council, whenever by such By-law they shall divide any such Township into rural Wards as aforesaid, shall in the same By-law appoint a convenient place in each of such Wards for holding the election of Township Councillors for such Ward, and shall also appoint a fit and paoper person to hold (he first election of a Township Councillor in each of such Wards respectively. VI. And be it enacted. That copies of every such By-law shall be published by every such Municipal Council, twice at least in the Offi- cial Gazette of this Province, and at least four times in some public newspaper, if any there be published in such County, and copies thereof shall be moreover posted up in the four most public places iu each Township in such County TOWNSHIP MUNICIPALITIES. ,1,. ber next there- hereby imposed t such meeting, n their District lent freeholders r, that the same ►f October next, me County, and fownship, shall, H Act, be known 1 be lepresented Qwnship, which I of such Union ; r the passing of , or not having ders on the Col- 1 with any other inicipal Council te, be united for in such County ime one partiou- ioned Township I to one of such 1 a view to the lof, in the Muni- lips shall, while mships of for the purposes ilude Townships imay be iqade to require. awful for every o do, in and by ding Unions of ds, for the elec- ding from such ty, and the lib- which Divi- at the several umber of free- of Township as practicable, ch freeholders ural Wards as icil, whenever Ito rural Wards Inient place in Ip Councillors pon to hold the I respectively. -law shall be 1st in the Offi- some public and copies Iblic places iu VII. And be it enacted, That every such Municipal Counoil, when- ever by such By-law they shall divide any such Township into rural Wards as aforesaid, and shall fix the places for holding the first elections in such Wards and appoint Returning Officers for holdins the same, shall cause a copy of suun By-law under their seal to be delivered to the person appointed to hold the election for each of such Wards, or to be left for him at his usual place of residence one calendar month at least trior to the time for holding the election, and every such person shall, and e is hereby required to hold the first election of Township Councillor for the Ward to which he shall be so appointed, and in default thereof shall be liable to a penalty of not more than Ten pounds for his default in the premises. VIII. And be it enacted, That it shall and may be lawful for the Muni- cipality of each Township from time to time by any By-law or By-laws to be passed for that purpose, to divide such Townships anew into several Wards as aforesaid, re-arranging the same so as more effectuallv to accom- plish the objects aforesaid, every which division by such Municipality shall supersede that so to oe made by such District or County Municipal Council, as well as every previous division made by such Municipality, itself: Provided always, nevertheless, that no such first mentioned By- law snail be of any force or effect unless the same shall have been passed by a vote of at least four fifths of the members of such Munici- pality for the time being. IX. And be it enacted. That it shall and may be lawful for the Mu- nicipality of each Township, from time to time, by any By-law or By- laws to be passed for that purpose, to appoint a fit and convenient place in each of tne several Wards into whicn such Township shall be divided for holding the election of Township Councillors, therefore, every which appointment shall supersede that made by such District or County Municipal Council, as well as any appointment previously made by I such Municipality. X. And be it enacted, That it shall be the duty of every Township iMunicipality whose Township shall be divided into rural Wards as laforesaid, to appoint annually ht and proper persons to be the Returning ^Officers for holding the elections of Township Councillors in the : :jver^ [rural Wards into which such Township shall be so divided. XI. And be it enacted, That whenever any Junior Township oi any such Union of Townships as hereinbefore mentioned and provided for> shall have within it one hundred resident freeholders and householders on the Collector's Roll, it shall and may be lawful for the Municipal Council of the County in which such Township shall lie, if they shall deem it expedient so to do, by a By-law to be passed for that purpose within the first nine calendar months of the following year, to divide such Junior Township into rural Wards, to fix the place for holding the first election of Councillors in each of such Wards, and to appoint Returning Officers for holding the same, and otherwise to provide for the due holding of such elections, as nearly as may be in the manner prescribed in and by the fourth, fifth, sixth and seventh preceding sections of this Act. XII. And be it enacted. That whenever any Junior Township of any such Union of Townships as is hereinbefore mentioned and provided for, shall have within it one hundred resident freeholders and householders on the Collector's Roll, such Junior Township upon, from and after the first day of January, in the year next but one thereafter, shall be incor- poratec! by itself, and such Junior Township and the other Township or Townships to which it shall have been theretofore united, shall, from thenceforth to all intents and purposes whatsoever, be hela and consid- ered as separate Townships. Copy of Oy-Iawt to be Milt to the perion nppolnted to hold the elee- lion in n Rural Wardifcc. Any Township dIvUion IntoRu. rnl Wardt may be altered. Proviio ai to By-law for alter- ing it. Place for holding elections may l>e altered. Returning Offl. cers to be ap- pointed. Provision as to division of the Junior Town- ships into Wards in case of separa- tion. Provision for separation when the Junior Townships have sufficient popu- lation. TOWNSHIP MUNICIPALITIES. Provliion ai to proper alMra- tioiis in Uia re- mulnliig Town* ■hip, for clec- tioiii, *e., Rural Wardi, tic. Proviio Bi to ma- jprliy to paM the Dy-law. Proviio : Com- meiiceinent of By-lnw. Provliion ai (o electiona if the proper altera- tioiia have not been made, k.c. .■?••) of Pnirie* : If parta of Ward remain in the Senior Township. Number of Rural Wards in each Township. When a Town- ship united to another shall be incorporated by itself. No part of Cities, dtc, to form part XIII. And be it enacted, That whenever aii]^ Junior Township at- tached or united to another as hereinbefore mentioned and provided for, shall have within it one hundred resident freeholders and householders on the Collector's Roll, it shall and may be lawful for the Municipality of such Union of Townships, if they shall deem it expedient so to do, by a By-law lo be passed for that purpose within the first nine calendar months of the following year, to divide the remaining Township or Townships of such Union anew into rural Wards, to fix the place for holding the first election of Councillors in each of such Wards after the dissolution of such Union, and to appoint Returning OfRcers for holding the same, and otherwise to provide tor the due holdins of such elections as nearly as may be in the manner prescribed in and by the eight, ninth and tenth preceding sections of this Act : Provided always, nevertheless, firstly, that such By-law need not be passed by a vote of two thirds of the members for the time being of such Municipality as required with respect to some of such particulars by the proviso to the said eighth section, but shall be valid and efTectual for all purposes whatever if passed by a majority of such Mnnicipality in the usiul way; Provided also, secondly, that every such By-law shall contain a provision limiting it to come into force and take effect upon, from and after the first day of January, upon which such Union shall be dissolved, and not before. XIV. And be it enacted. That whenever such new Division into Wards shall not have been made by the Municipality of any Union of Townships according to the next preceding section of this Act, in antici- pation'of the dissolution of such Union, and in conseauence of the whole of any one or more of the rural Wards of any such Union of Townships Iving wholly within the limits of any Junior Township of such Union, the other Township or Townships of such Union, upon the dissolution of such Union as provided for by this Act, shall be left without a sufH- cient number of Wards for completing the number of Councillors to which it or they shall be entitled according to the provisions of this Act, the elections of Councillors for such Senior or remaining Township or Townships, shall, after the dissolution ot such Union, be made by gene- ral vote of the qualified freeholders and householders of the whole of such Senior or remaining Township or Townships at a general Town- ship meeting, to be held for that purpose, at the time appointed by law, ana not by rural Wards as theretofore, until the Municipality of such Senior or remaining Township or Townships shall, by a By-law to be passed for that purpose, have redivided such last mentioned Township or remaining Townships into rural Wards according to the provisions of this Act ; Provided always, nevertheless, that whenever notwithstanding the dissolution of any such Union, parts of the Wards of which such Junior Township, or some portion thereof formed a part, shall still remain to such Senior or remaining Township or Townships, the election of Township Councillors for the same shall not be by such general vote of such Township, but by Wards as before. XV. And be it enacted, That in every case in which any Township shall be divided into rural Wards under this Act, the same shall be so divided into five of such Wards. XVI. And be it enacted. That whenever any Township so attached or united to another shall have within it fifty resident freeholders and householders on the Collector's Roll, such Township shall, for the year following the making up such roll and thenceforth, be incorporated by itself, and such Township, and that to which it shall have been so united shall thenceforth, to all mtents and purposes whatsoever, beheld and considered as separate Townships. XVII. And be it enacted, That no part of any Incorporated City, or of the liberties thereof, or of any Incorporated Town or Village, although 01 SI 81 ofl ,;d; Township at- i provided for, 1 householders I Municipality jnt so to do, by nine calendar Township or : the place for /^ards after the its for holding such elections le eight, ninth , nevertheless, ("two thirds of required with le said eighth s whatever if ray; Provided rision limiting he first day of not before. Division into any Union of Act, in antici- e of the whole of Townships f such Union, he dissolution ■ithout a suffi- !!!ouncillors to ns of this Act, Township or ade by gene- ihe whole of neral Town- nted by law, |ality of such ^y-law to be >d Township |provisions of srithstanding which sucE still remain election of leralvote of Township [shall be so attached folders and jr the year irated by |n so united held and ICity, or of I, altliough TOWNSHIP MUNICIPALITIES. lying within the boundaries of a Township, shall, for the purposes of this Act, be held «o form any part of such Township, nor shall it oe lawful to appoint any election of Township Councillors to be held within the limits of any such City, or the liberties thereof^ or within the limits of any such Incorporated Town or Village. XVIII. And be it enacted, That witliout any new election, the ofHcert and persons elected or appointed in each and every Township in Upper- Canada, or to be elected or appointed under the laws now in force therein, shall continue in oHice until the fourth Monday of January, in the year of our Lord, one thousand eight hundred and nfty, and until their suc- cessors shall be elected and sworn into office. XIX. And be it enacted, That if the Municipal Council of any Dis- trict in Upper Canada shall not think fit^ within the terra and the maimer prescribed for that purpose, to divide any Township into rural Wards, as provided by this Act, then and until such Township shall be divided into such Wards by the Municipality thereof, the election of Councillors for such Township shall be by the votes of the electors of the whole Township at a general Township meeting, to be held at the place where the last annual Township meeting, for the election of Dis- trict Councillors and the appointment of parish and Town Offlcers was held in each Township, or m the case of Townships united or attached to each other, as aforesaid, then at the place where the last annual meetinff for such purposes was held in the Senior Townships to which such other Township or Townships shall or may be attached or united as aforesaid, and such place shall continue to be the place for holding such elections under this Act in such Township until it shall be otherwise appointed by the Municipality thereof by any By-law or By-laws to be passed for that purpose : Provided always nevertheless, firstly, that it shall not be lawful in any such By-law to appoint such place of election within the limits of any Incorporared Village, Town or City, or the liberties thereof ; and provided also, secondly, that when the place at which the last Township meeting shall have been held previous to the passing of this Act, shall be within the limits or liberties of any City, Town or Incorporated Village within the meaning of this Act, it shall be the duty of the Municipal Council of the District wherein the same is situated at such special meeting as aforesaid, to appoint by By-law some place within such Township and without the limits of such City, Town or Village for the holding of the first election of Township Coun- cillors for such Township under this Act. XX. And be it enacted, That in all cases in which the election of Councillors for any such Township shall be by general vote of the whole Township at a general Township meeting as aforesaid, and not by Ward elections as hereinbefore provided for, the Township Clerk for such Township, whether appointed under this Act or before the passing thereof, shall be the Returning Officer for holdiug such election. XXI. And be it enacted. That on the first Monday in January, in the year of our Lord, one thousand eight hundred and fifty, and on the first Monday in the same month, in each succeeding year, there shall be held an election either by general Township meeting or by Wards for Township Councillors for each Township in Upper Canada. XXII. And be it enacted. That it shall be the duty of the Collector for the Township, who shall be in office at the time of any such election, whether appointed under this Act or before the passing thereof, to pro- duce at the opening of every such election for a Township or for any Ward thereof, either by himself or by some other person, a fair copy of the Collector's Roll made up next before such election, so far as such Roll contains the names of the freeholders and householders of such of Towniliipa ( nor ihnll Town- ■hip cleciioiii bt held there. Contlntimlon In oltiee of prftent OtDccri, 4cc., of. Townshlpi. Alto election! In ToHriiibipt not divided in*o Rurnl VVardi. Froviio u to ptacei of election Proviio : If the last election wae inaCity, *c. Who shall be Return InR Uffi- cer in such caat. Election of TownahlpCoun- cillors when to be held. Production of a copy of the Roll of freeholdera and houaeholdera by Townahip Collector. .„ 'n:i >*■ 6 TOWNSHIP MUNICIPALITIES. Attestation of ■u«h copy. Proviio HI to fmrtie* occupy- ng portloM of a hOUM. ProvlMMto quallfleation of an elector. Five Coiineillon to be elected annually. Place and time of meeting of newly elected Munici- pality. Election of a Townreeve. Adjournment of ueetinga. Meetings to be held in such places as Muni- cipality sbaii appoint. Who bIi.-iII pre- side at Meetings. Townihip, if the election Mhall he by aenoral Township Meeting; or lO far as tuoh Roll contains the names ot the freeholders and householders of the Ward for which such election is held, if the election be for a Ward of auoh Township ; with the amount of the assessed value of the real property for which they shall be respectively aitHessedon such Roll, whion said copy shall be verified by afHdavit or affirmation of such Collector, appended to or endorsed upon such copy, and sworn or afKrm- ed before any Justice of the Peace for the County, to the effect that the same is a true copy of such Roll, so far as the same relates to the place for which such election in to be tteld, and that it contains the names of all the freeholders and householders in such Township, if such election be by ffeneral Township Meeting, or of such Ward, if the election be for a Ward of such Township, and the amount for which they shall have been assessed, as entoreii upon such Roll as aforesaid ; anci the persons entitled to vote at such election, shall be those whose names are upon the said copy of such Roll, thus verified, and who at the time of the election shall be resident in such Township, or Ward of such Township, as the case maybe : Provided always neverthelf>ss, firMly that the holder or occupier of any separate portion of a house having a distinct commu- nication with a road or street, by an outer door, shall be considered a householder within the meaning of this Act, in case he shall be assess- ed therefor as a house upon such Collector's Roll as aforesaid : Provided also, secondly, that no person shall be qualified to be elected as a Town- ship Councillor at any such election who shall not have been entered upon the said Roll as assessed for rateable real property held in his own right or that of his wife, as proprietor or tenant, to the value of one hundredpounds of lawful money of Canada. XXIII. And be it enacted. That at each of the said yearly Township elections, there shall be elected either by a general Township vote or by Wards, five Councillors for the Township, who shall hold ofHce until the third Monday in January, in the year next after that for which they shall have been elected. XXIV. And be it enacted, That the Township Clerk, whether appoint- ed under this Act, or before the passing thereof, or in case of there being no such Township Clerk, then any one of the Councillors returned at such Election shall, when no place is appointed for that purpose by By-law of the Municipality of such Township, appoint the place for the first meeting of the newly elected Municipality after such Election, which meeting shall be held on the second Monday next after such Election, or if not held on that day, then on someday thereafter, of which appoint- ment he shall give notice to the Member or other Members of the Municipality ; and at such first meeting the Councillors shall proceed to elect from amongst themselves a Townreeve, and in Townships which shall have five hundred resident freeholders and householders on the Collector's Roll as aforesaid, one Deputy-Townreeve for such Township for such year. XXV. And be it enacted, That the said Township Municipalities shall and may severally adjourn their meetings, from time to time, at their pleasure, and the Towereeve, or in case of his death or absence, the Deputy Townreeve, shall have power at any time to .summon a special meeting thereof. XXVI. And be it enacted, That the meetings of each Township Municipality shall be held at such place within the Township as they shall themselves, from time to time, appoint by adjournment, or by any By-law to be passed for that purpose. XXVII. And be it enacted, That the Townreeve shall preside at all meetings of the Township Municipality} or in his absence the Deputy 4 shJ * TOWNSHIP MUNICIPALITIES. oeting ; or so huuHe holders ion be for a I value of the on such Roll, ation of such )rn or afHrm- fTuct that the I to the place I names of all h election be tiction be for V shall have I the persons les are upon time of the sh Township, lat the holder linct commu- 3onsidered a dl be assess- id : Provided d as a Town- )een entered Id in his own mlue of one •]y Township bip voteorby i office until which they Iher appoint- f there being returned at purpose by place for the ction, which :h Election, ich appoint- ibers of the II proceed to hips which ders on the Township micipalities to time, at or absence, summon a Township lip as they or by any ;side at all he Deputy Townreeva when there is one, except only when there shall be no Townreevo or Deputy-Townreeve. in which case some other member of such Municipality to be appointed by them for that purpose, shall pre^ side in such Municipality. XXVIII. And be it enacted, That the Municipality for each Township shall, so soon as conveniently may be after their own election or ap- pointment, nominate and appoint three Assessors for the Township and one Collector for the same ; and that the said Assessors and Collector shall hold office from the time of their appointment respeotivelyi until the third Monday in January of the year next after their apoointmentas aforesaid, and until the Municipality of such Township snail appoint new Assessors or a new Colleclor in their place, or in the place of^ any one of them, and in case of a vacancy in the offlce of any Assessor or Collector by death or removal of residence from the Township, the Township Municipality shall fill up the vacancy by a new appointment, at its then next meeting, or as soon thereafter as conveniently may be. XXIX. And be it enacted, That the Municipality of each Township shall, upon the Report of the Auditors of the Township, finally audit and allow all accounts chargeable against the Township, and in case any such charges shall not be specially regulated by law, it shall be their duty to allow for the same such sums as may be just and reasonable, and they shall in like manner also audit and allow the accounts of the Township Treasurer and of the Township Collector, except so far as respects any County Rate collected by such Collector. XXX. And be it enacted. That the boundary lines of the different Townships in Upper Canada shall hereafter be ascertained and estab- lished upon a permanent footing, under the authority of an Act of the Parliament of that Province, passed in the thirty-eighth year of the Reign of His late Majesty King George the Third, intituled. An Act to ascertain and establish on a permanent footinif the Boundary Lines oj the different Townships of this Prortncc, or under the authority of any Act of the Parliament of this Province, to be passed in the present or any fu- ture .session of Parliament for that purpose, upon the application of the Municipality of each Township respectively, or as such other Act may direct, and not upon that of the Quarter Sessions of the Peace, as re- quired by such first mentioned Act : Provided always, nevertheless, that no application of freeholders shall be necessary to enable such Municipality to make the necessary application for such purpose. XXXI. And be it enacted, That the Municipality of each of the Townships in Upper Canada, shall have power and authority tomake a By- law or By-laws for each, all or any of the following purposes, that is to say: Firstly. For the purchase and acquirement of all such real and per- sonal property within the Township as may be required for the use of the inhabitants thereof as a Corporation, and for the sale and disposal of the same, when no longer required. Secondly. For the erection, security, preservation, improvement or repair of a Town Hall, and of all other houses and buildings required by or being upon any land acquired by or belonging to such Township as a Corporation. Thirdly. For the purchase and acquirement of such real property as may be required for Common School purposes, for building Common School Houses, and for the sale and disposal of the same when no long- er required, and providing for the establishment and support of Common Schools according to Law. Fourthly. For the erection and establishment of one or more Public Pounds in such Township, and settling the Fees to be taken by Pound- Keepers. Appointment of AtMHora ■nil Colleclori. Tcfin of ofllee. At to vaeanelM. Audit of •€• eounu. b^ception. Doundarjr linM of Townships to be pennAnenlly citablished, and bow. Act of U. €. « O. 3, c. I. Froviio. Municipalities to ninke By-lawn for certain puriKwei. Purchase of real property. Town Hall. Sciiool House. Public P«Uad . 8 Pound-kee|ierf, Fence-Vie wen and other Town- ■hip Oflfiecrs. Dutiei o(*rown- ■hip Oflicen. Their remunera- tion. Bondf, &c., to begivenbytheiu. Drnins and water courses. Highways, Boads, Ste. Proviso as to en- cro.ichinents on certain kindi of pfO|)crty. IliRhwoys pass- ing through woods. Proviso as to orchards, fcc. Protection of Timbtr, Stone, TOWNSHIP MUNICIPALITIES. Fifthly. For the appointment, under the Corporate Seal of such Town- ship, of si sufficient number of Pound-Keepers, Fence-Viewers, Over- seers of Highways, Road Surveyors, and of such and so many other Officers as may be necessary for carrying into etlect any of the provis- ions of this Act, or of any other Act of the Legislature of this Province, or of the late Province of Upper-Canada, or ot any By-law or By-laws of the Municipality of such Township, and in like manner to displace all or any of them and appoint others in their room, and to add to or diminish the number of them or any of them as often as the said Cor- poration shall see fit. Sixthly. For regulating and prescribing the duties of all Officers acting under the authority of the Corporation of such Township, and the pen- alties on their making default in the performance of sucn duties. Seventhly. For settling the remuneration of all Township Officers in all cases where the same is not or shall not be settled by Act of the Legislature, and for providing for the payment of the remuneration by such Act of the Legislature or by the By-laws of the said Municipality provided and appointed for all Township Officers whatsoever. Eighthly. .For regulating the bonds, recognizances or other securities to be given by all Township Officers for the faithful discharge of their duties ; for inflicting reasonable penalties for refusing to serve in any Township Office, and for the infringement of any and every By-law of the Municipality of the Township. Ninthly. For the erection, construction or repair of such drains and water-courses as the interests of the inhabitants of such Township shall in the opinion of the Municipality require to be so erected, constructed or repaired at the public expense of such Township. Tenthly. For the opening, constructing, making, leveling, pitching, raising, lowering, gravelling, macadamizing, planking, repairing, plant- ing, improving, preserving and maintaining of any new or existing highway, road, street, side-walk, crossing, alley, lane, bridge or other communication within such Township, and for the stopping up, pulling down, widening, altering, changing or diverting of any such highway, road, street, side-walk, crossing, alley, lane, bridge, or other communi- cation within the same : Provided always, nevertheless, that no such, new, widened, altered, changed or diverted highway, road, street, side- walk, crossing, alley, lane, bridge or other communication, shall be laid out so as to run through or encroach upon any dwelling-house, barn, stable, or outhouse or any orchard, garden, yard or pleasure ground, without the consent in writing of the owner thereof. Eleventhly. For providing, that on each side of any highway, which shall pass through a wood, the timber shall be cat down for a space not exceeding twenty-five feet on each side of such highway, by the pro- prietor of the land on which such timber shall be, or in nis default by the overseer of highways or other officer in whose division such land shall lie, such timber to be removed by the proprietor within a time to be appointed by the By-law, or in his default by such overseer of high- ways or other officer, in which last mentioned case it may be used by the overseer or other officer as aforesaid, for any purpose connected with the improvement of the highways and bridges in his division, or sold by him to ('-^fray the expenses incurred in carrying the By-law into effect ; Provided always, that no such By-law shall authorize or compel the cutting down of any orchard or shrubbery, or of any trees planted ex- pressly for ornament or shelter. Twelflhly. For the protection and preservation of any timber, stone, sand or gravel, growing or being upon any allowance or any appropria- hot or I to I t .* TOWNSHIP MUNICIPALITIES. f such Town- iewers, Over- 3 many other of the provia- his Province, IV or By-laws sr to displace [ to add to or the said Cor- )fficers acting and the pen- Juties. ip Officers in y Act of the uneration by Municipality 'er. ler securitiefl arge of their serve in any ry By-law of h. drains and wnship shall , constructed ng, pitching, liring, plant- er existing dge or other up, pulling h highway, r communi- that no such street, side- shall be laid louse, barn, ure ground, vay, which a space not bv the pro- default by such land I a time to er of high- e used by lecled with or sold by nto effect ; lompel the lanted ex- [er, stone, appropria- tion for any public road or roads within such Township, and for the sale of any timber growing or being upon any road allowance, if thought proper, by the Council. ThirteentUy. For regulating the driving and riding or. or over any bridge erected or to be erected within such Township. Fourteenthly. For regulating inns, taverns, ale houses, victualling houses, ordinaries, and all houses where fruit, oysters, clams, victuals or spirituous liquors, or any other manufactured beverage may be sold, to be eaten or drank therein, and all other places for the reception and entertainment of the public within the jurisdiction of the Corporation of such Township, and to limit the number of them, and in all cases when there exists no other provision by law for the licensing of such houses, to provide for the proper licensing of the same, at such rates as to the Corporation of such Township may seem expedient ; the proceeds of euch license, in cases not otherwise appropriated by law, to form part of the public funds of such Township, and to be disposed of as the said Corporation may consider advisable. Fifteenthly. For making regulations as to pits, precipices, and deep waters, or other places dangerous to travellers. SixteentMy. For granting money to the Municipal Council of the County in which such Township shall be situate, or to that of any ad- joining County, to aid the making, opening, building, maintaining, widening or improving any highway, road, street, bridge or communica- tion lying between such Township and any other Township iffthe same or any ac^oining County, or in the making, opening, building, main- taining, widening or improving any highway, road, street, bridge or communication within such Township, assumed by the Municipal Council of the County as a county work, or agreed to be assumed by such Municipal Council on the condition of such grant. SeventeentJdy. For regulating the manner of granting to associated Joint Stock Road or Bridge Companies, permission to proceed with any Roads or Bridges within the jurisdiction of such Mimiciijality, and the manner of afterwards ascertaining and declaring according to law the completion of the works undertaken by such Companies respectively, so as to entitle such Incorporated Companies to levy tolls upon such works, and of all examinations, enquiries and investigations necessary for the proper, efficient and judicious exercise of such power. Eighteenthly. For taking stock in or lending money to any Incorpora- ted Road or Bridge Company to which such Municipality shall have granted a license to proceed with such work, in accordance with the requirements of the {statute in that behalf, or in or to any other such in- corporated Road or Bridge Company, in whose Road or Bridge the in- habitants within the jurisdiction of such Municipality shall, in the opin- ion of such Municipality, be sufficiently interested to warrant them in taking such stock or lending such money for the advancement of such enterprize. All dividends, interest and proceeds to arise or be received from such stock or loan being at all times applicable to the general pur- poses of such Municipality, and to go in reduction of the rates required to be levied for such purposes. Nineteenthly. For restraining and regulating the running at large of horses, cattle, sheep, goats, swine, and other animals, geese, turkeys and other poultry, and to impound or provide for the impounding of the same, and for fixing the periods of the year during which such animals or poultry shall be "permitted to run at large, and those during which they shall be restrained from doing so. TwentietUy. For imposing a tax on the owners, possessors or harbour- ersofdogs; for regulating the manner in which such dogs may be iale of Timber lie. Driving over bridges. Inns, tnverni, viclualling hOUMS, &c. Licensing in certain cases. Pits, precipices, &c. Granting or money for im- proving roailf. Sec. JointStoclcFoad Companies, fcc. Talcing Stocic in Soad or Bridge Companies. "/' As to dividends, interest, &c. Running at large of animals. Tax on Dogi. 10 TOWNSHIP MUNICIPALITIES. Destruction of weeds. Exhiliitions, puppet shows, wild aniiual«, &c. Fines for exhi- bitlnecontroryto suchBy-lawa. allowed to run at large, or for preventitig such dogs from being allowed Destroying Dogs, to run at large at improper times, and for killing and destroying such as are found running at large contrary to such By-law. Twenty-firstly. For the destroying and suppressing the growth of weeds detrimental to good husbandry. Iwenty-secondly, For preventing, restraining or regulating exhibitions of wax figures, wild animals, puppet shows, wire-dancing, circus- riding, and other idle acts or feats which common showmen, circus- riders, mountebanks or jugglers usually exhibit, practice or perform, and requiring the payment of a sum not exceeding five pounds to the Town- ship Treasurer before any and every such exhibition shall be allowed to be held or to take place ; for imposing a fine upon the proprietors or persons in charge of such exhibition, in case they shall exhibit without such payment, and for the levying thereof by summary distress to be levied upon the goods and chattels of such snowmen, or belonging to such exhibition, whether the owners shall be known or not, or for the imprisonment of the parties offending, for any time not exceeding one calendar month, and for the appropriation of such sums as may be re- ceived or recovered under any regulation or By-law to be passed for that purpose. Twenty-thirdly. For appraising the damages to be paid by the owners of horses, cattle and other animals trespassing, contrary to the By-laws or regulat^ns of such Township. Twenty-fourthly. For causing such horses, cattle or other animals as shall be impounded, to be sold, in case the same are not claimed within a reasonable time, or in case the damages, fines and expenses shall not be paid according to such By-laws or regulations. Twenty-fifthly. For settling the height and description of lawful fences. Twenty-sixthly. For procuring, in case the same hath not been already done, the ascertaining and establishment by public authority according to law, of the boundary lines of such Township, and providing for the periodical inspection and preservation of the durable monuments by law required to be erected for evidencing the same, and for procuring the necessary estimates, and making the necessary application for the same according to law. Twenty-seventhly. For empowering the landholders in such Township, to compound for the Statute labour by them respectively performable, for any term not exceeding five years, at any rate not exceeding two shillings and six pence for each day's labour, and at any time before the labour compounded for ought to be performed, and by any such regu- lations to direct to what officer in each Township such composition money shall be paid, and how such money shall be applied and account- ed for, and to regulate the manner and the divisions in which the Statute labour shall be performed. Twenty-eighthly. For enforcing the performance of Statute or Road labour, or payment of a commutation in money therefor. Twenty-ninthly. For the imposing and collecting by distress and sale of the goods and chattels of the offender or offenders reasonable penal- ties ani fines not exceeding in any case five pounds currency, and rea- sonable punishment by imprisonment, not exceeding twenty days, for the breach of all or any of the By-laws or regulations of such Munici- pality. TJiirtiethly. For borrowing under the restriction, and upon the secu- rity hereinafter mentioned, all such sums of money as shall or may be Damage* pay- able by owners of animals trespas- sing. Sale of animals impounded. Height and de- scription of fences. Establishment of boundary lines. Compounding for Statute labour. Applying com- position money. Enforcing Sta- tute labour. Fines and penalties. rac^ juris ther 4 monl ■' eith( othel /?. Borrowing > x:3 reev< Cour X] Cour theC if no be a( p1ac< Cour othei cipal bytl Coui jourii with X Coui Jam tlen, Coui X Shir COUNTY COUNCILS. 11 >eing allowed >ying Buch as le growth of ig exhibitions cing, circvis- tnen, circus- perform, and to the Town- be allowed to )ro(>rietors or hibit without listress to be belonging to r>t, or for the :ceeding one s may be re- assed for that y the owners the By-laws ' animals as limed within ses shall not 1 of lawful been already according to ding for the lents by law ocuring the for the same Township, erformable, eeding two time before such regu- Bomposition nd account- the Statute ite or Road IS and sale ible penal- 'f and rea- y days, for ■h Munici- the seru- )r may be k racessary for the executing of any Township public work within their jurisdiction, and the scope of the authority by this Act conferred upon them. Thirty- firstly. For raising, levying, collecting and appropriating such moneys as may be required for all or any of the purposes aforesaid, either by way of tolls to be paid on any Township bridge, road, or other township work, to defray the expense of making, repairing, or maintaining ttie same, or by means of a rate or rates to be assessed equally on the whole rateable property of such Township, liable to assessment according to any law which shall be in force in Upper- Canada, concerning rates and assessments. Thirty-secondly. For making such other local regulations not contrary to any law of this Province, or to any By-law of the Municipal Council of the County within which such Township shall lie, and which shall by law extend to and be in force within such Township, as the good of the inhabitants of such Township may in their opinion require. Tldrty-ihirdly. For the repeal, alteration, or amendment, from lime to time, of all or any of such By-laws, and the making others in lieu thereof, as to them may seem expedient for the good of the inhabitants of such Township. II. COUNTIES. XXXII. And be it enacted, That the inhabitants of each and every County in Upper Canada, shall be a Body Corporate, and shall have perpetual succession and a Common Seal, with power to break, renew or alter the same at pleasure, and shall be capable of suing and being sued, of pleading and being impleaded, in all courts and places what- soever, — of purchasing:, acquiring and holding lands and tenements and other real and personal property within such county, for the use of the inhabitants thereof in their corporate capacity, — and of makin^ and entering into such contracts as may be necessary for the exercise of their corporate functions, and that the powers of the Corporation "hall be exercised by and through and in the name of the Municipal Council of such County. XXXIII. And be it enacted, That the Townreeves and Depaly-Town- reeves of the several Townships, Villages and Towns within each Connty shall constitute the Municipal Council for such County. XXXIV. And be it enact. ', that the Municipal Council of each County shall meet at the Shire Hall, if there be one, or otherwise at the County*Court House annually, on the fourth Monday in January or if not on that day, then on some day thereafter, and their meeting rnay be adjourned from time to time, and to the same place, or to any other place within the County, or any City lying within the boundaries of such County, although such City may be a County in itself for municipal or other purposes, or within the liberties of any such City, and any Muni- cipal Council may hold special meetings, (to be summoned at any lime by the County Warden) at the place where the then last meeting of such Council shall have been held ; and such special meetings may be ad- journed from time to time, and to the same place, or to any other place within the County as aforesaid. XXXV. And be h enacted. That the Municipal Council of each County shall, at their first meeting on or after the fourth Monday in January in each year, choose from amongst themselves a County War- den, who shall thenceforth preside at all meetings of such Municipal Council. '■ o.-^^X^'' ^"^ ^® ** enacted. That the keeping and repairing of the bhire Hall, County Court House and Gaol, and of any House of Correo- Raislng and levying inoneyi. Local regula- tions not con- trary to law. Repeal, &c., of By-lawB. Counties incorporated. Corporate iiow- ers. IIow exercised. Townreeves of 'I'ownsliips and Deputies, &c., to fur in tlie Munici- pal Council of such County. iMeetings of Connty Munici- pal Councils. As to Cities. Special Meet- ings. Election of County Warden. Keeping and repairing of Shire Hall, fcc, 12 COUNTY COUNCIL. to be chnrged ii|K>ii each County. Duty of Council with revpect to properly repair- ing highways, bridges, Slc, Assumed as County Roada or Bridges, &c. Powers of Minor Municipalities to cease as to the same. Proviso: certain improvements not to constitute inch assump- tion. Roads and Bridges between iliflerent Town- ships to be under Jurisdiction of Counties through which thay run. Roads and Bridges between two Counties, tee., to he under the Jurisdiction ofbotti. As to By-Iaw« regarding the nina tion that may be erected and established by the Municipal Council, shall be charged upK)n each County in Upper-Canada, and it shall be the duty of the Municipal Council to cause the same to be repaired and kept in repair at the expense of the County, and to raise by rate upon the County all sums of money which shall be necessary for such pur- poses, anil for every other purpose, the expense whereof shall be by law chargeable upon the County. XXXVII. And be it enacted, That whenever any new or existing highway, road, street, bridge or other communication within any Town- ship, shall by any By-law of the Municipal Council of the County in which such Township is situate, be assumed by such Municipal Council as a County County road or bridge as being one in which more than one Township or the whole County is interested, it shall be the duty of such Municipal Council, and they are hereby required with as little de- lay as reasonably may be, and at the expense of the County^ to cause such road to be planked, gravelled or macadamized, or such bridge to be built in a sood and substantial manner, and from the time of the passing of the By-law assuming such road or bridge as a County work as afore- said, and so long as the same shall remain unrepealed, the Municipali- ties of the Townships in which such road or bridge shall be situate, shall cease to have any jurisdiction or control over the same or any part there- of as respects the making, maintaining or improving the same, or the stopping up, altering or diverting the same, or the protection or preser- vation of any timber, stone, sand or gravel growing or being thereon, or the regulating the driving or riding thereon, or other use thereof: Provi- ded always, nevertheless, that the mere laying out of County money upon any road lying between any two or more Townships for the im- provement thereof, or exercising the other powers by this Act conferred upon them with respect to such line roads, shall not be deemed an as- sumption of the same as County roads, so as to render it obligatory upon the said County, to cause the same to be planked, graveled or macada- mized as hereinbefore provided, and this notwithstanding that the line of such roads may occasionally deviate from its course between such Townships, or any two of thera, so as in some places to lie wholly or in part within one of such Townships only. XXXVIII. And be it enacted, That all roads and biidges running, lying or being between different Townships, situate in the same County, shall be exclusively within the jurisdiction and subject to the control of the Municipal Council of such County as far as respects the making, maintaining or improving the same, or the stopping up, allfering or di- verting the same, or the protection and preservation of any timber, stone, sand or gravel growing or being thereon, or the regulating, the driving or riding thereon, or other use of the same, and this notwithstanding that the line of such road or bridge shall or may occasionally deviate from its course between such Townships, and in some parts thereof may lie wholly within one of such Townships. XXXIX. And be it enacted. That all roads and bridges running, lying or being between different Counties or between a County and a City lying within the boundaries of such County or on the bounds of a Town or Incorporated Village within such County, shall be within the juris- diction and subject to the control of the Municipal Corporations of both such Counties, or of such County and City or Town and Village as far as respects the making, maintaining or improving the same, or the stop- ping up, altering or diverting the same, or the protection of any timber, stone, sand or gravel growing or being thereon, or the regulating the driving or riding thereon, or other use of the same, and this notwithstand- ing that the line of such road or bridge shall or may occasionally deviate t suc| nicioal Council, and it shall be be repaired and se by rate upon ;y for such pur- shall be by law new or existing thin any Town- tho County in inicipal Council lich more than I be the duty of ith as little de- ounty, to cause ich bridge to be • of the passing work as afore- le Municipali- e situate, shall my part there- same, or the lion or preser- ng thereon, or lereof : Provi- o.unty money •s for the im- Act conferred semed an as- ligatory upon i or macada- that the line Btween such wholly or in es running, ime County, le control of le making, 'ring or di- nber, stone, the driving ihstanding y deviate lereofmay c, "*ngj lying ind a City of a Town the juris- 13 of both ge as far the stop- y timber, iting the ithstand- deviate COUNIY COUNriL. 13 from its course between such Counties or such County and City, or along the bounds of such Town or Village, and in some parts thereof lie wholly within one or the other of such Counties, City, Town or Village, and no By-law lo be passed by any of such JVlanicipal Corporations with respect to any such road or bridge, for any of the purposes aforesaid, shall have any force or effect whatsoever until the passing of a By-law in similar or corresponding terms as nearly as may be by the other of such Corporations. XL. And be it enacted. That the Municipal Council of each County shall, upon the report of the Auditors of the County, finally audit and allow all accounts chargeable against the County : and in case any such charges shall not be specially regulated by law, it shall be their duty to allow for the same such sums as may be just and reasonable ; and they shall in like manner also audit aud allow the accounts of 'he County Treasurer, and of the Collectors of the several Townships within their County, so far as the accounts of such Collectors shall relate to County purposes. XLI. And be it enacted, That the Municipal Council of each County shall have power and authority to make a By-law or By-laws for each, all or any of the following purposes, that is to say : Firstly. For the purchase and acquirement of all such real and per- sonal property, within the County, as may be required for County pur- poses, and for the sale and disposal of the same when no longer required. Secondly. For the erection, preservation, improvement or repair of a Shire Hail, Court House, Gaol, House of Correction, House of Industry, and of all other Houses and oth(eing upon any land acquired by or belonging to such County as a Corporation. Thirdly. For the purchase and acquirement of such real property as may be required for County Grammar School purposes, and for the erection, preservation, improvement and repair of County School Houses for the use of Grammar Schools in such parts of the County, or within any City or the liberties thereof, lying within Jhe boundaries of such County, as the wants of the people most require, for the sale and disposal of the same when no longer required, and for making such provision in aid of such Grammar Schools as they may deem expedient for the ad- vancement of education in the same. Fourthly. For making some permanent provision for defraying, out of the public funds of such County, the expense of the attendance at the seat of the University of Toronto, and of that of Upper-Canada College, and Royal Grammar School there, of such and so many of the Pupils of the different Public Grammar Schools of such County, as shall be desi- rous of, and in the opinion of the respective Masters of such Grammar Schools shall be of competent attainments for entering into competition for any of the Scholarships, Exhibitions or other similar Prizes offered by such University or College to competition amongst such Pupils, but which Pupils from the inability of their Parents or Guardians lo incur the necessary expense of such attendance, might otherwise be deprived of the opportunity of competing for the same. Fifthly. For the endowment of such and so many Fellowships, Schol- arships, Exhibitions and other similar Prizes in the University of Toron- to, or in Upper Canada College and Royal Grammar School there, to be open to competition amongst the Pupils of the different public Grammar Schools of such County, as they shall deem expedient for the encour- agement of Learning amongst the youth of such County. Sixthly. For the appointment of the Inspectors of the County House of Appointment of Industry and of such and so many Officers as may be necessary for ^"■pc^wk of Audit of ac- coiintB chiirgc- able agaiiiKt Cuuiity. Aiui of Trcanur- ers and Collectors. Councils may make By-laws for certain purposes. Purchase of real I'roperty. Erection, &c., of Shire Hall and other county buildings. Erection, &c.,of land for School Houses* Stc. Making a pro- vision for the expenses of Pupils attending in the Universi- ty of Toronto , Sec, whose parents are una- ble to incur such expenses. Endowment of Fellowships in the University of Toronto, &c. 14 COUNTY COUNCILS. Hou»G uf Indus' try. Rcinuncralloii of County Ofli- ccrs. Regulution of Ferries, &c. Proviso. Remuneration of TownreevcB. Proviio aa to coramenreincnt of Buch By-law. Erection, &c., of drains. Opening, making and repairing roada, tec. Agreeing with Municipniitiea aa to siicli work. Proviso as to encroachments on certain kinds of property. Protection of timber, tec. carrying into effect any of the provisions of this Act, or of any other Act of the Legislature of this Province, or of the late Pmvince of Upper Canada, the erection or maintainance of such Houses of Industry or of any By-law or By-laws of the Municipal Council of such County re- specting the same. Seventhly. For the settling the remuneration to all County Officers in all cases where the same is not or shall not be settled by Act of the Legislature, and for providing for the payment of the remuneration by such Act of the Legislature or by the By-laws of the said Municipal Council provided and appointed for all County Ofticers. Eighthly. For regulating all Ferries between any two places in such County, and for establishing the rates of pay or hire to be taken by the owners or conductors of the boats or vessels employed on such Ferries, but no By-law for any such purpoi^e shall have any force or effect until the same shall have been assented to by the Governor of this Province in Council. Ninthly. For settling and paying a rate at which the Townreeves and Deputy Townreeves forming such Municipal Council shall be remune- rated for their attendance at such Council : Provided always, neverthe- less, that no By-law to be passed for this latter purpose after the year of of our Lord, one thousand eight hundred and fifty, shall be valid, unless the same shall by the terms of it be limited to take effect two whole years at least from the passing thereof. Tenthly. For the erection, construction or repair of such drains and water courses as the interests of the inhabitants of such County at large shall in the,/)pinion of the Municipal Council require to be so erected, constructed or repaired at the public expense of such County. Eleventhly. For the opening, constructing, making, levelling, pitch- ing, raising, lowering, gravelling, macadamizing, planking, repairing, planting, improving, preserving and maintaining of any new or existing highway, road, street, side-walk, crossing, alley, lane, bridge or other communication running, lying or being within one or more Townships or between two or more Townships of such County, or between such County and any adjoining County or City, or on the bounds of any Town or Incorporated Village lying within the boundaries of such County, as the interests of the inhabitants of such County at large shall in the opi- nion of the Municipal Council require to be so opened, constructed, made, widened, changed, diverted, levelled, pitched, raised, lowered, gravelled, macadamized, planked, repaired, planted, improved, pre- served or maintained at the public expense of such County 5 and for en- tering into, performing and executing any arrangement or agreement with the Municipal Corporation of any such adjoining County or Coun- ties, City or Cities, or of any such Town or incorporated Village as aforesaid, for the execution of any such work at the joint expense and for the joint benefit of the Municipal Corporation of such Counties, Cities, Towns or Villages and the people they represent respectively ; and for the stopping up, pulling down, widening, altering, changing or diverting of any such highway, road, street, bridge or communications within the same ; Provided always, nevertheless, that no such new, widened, altered, changed or diverted highwa)r, road, street, side-walk, crossing, alley, lane, bridge or other communication, shall be laid out so as to run through or encroach upon any dwelling house, barn, stable, or outhouse, or through any orchard, garden, yard or pleasure ground, without the consent in writing of the owner thereof. Twdflhly. For the protection and preservation of any timber, stone, sand or gravel growing or being upon any allowance or appropriation for any of such County roads. 1 Df any other Act vince of Upper f Industry or of Juch County re- inty Officers in * I by Act of the muneration by laid Municipal places in such i taken by the I such Ferries, or effect until F this Province twnreeves and II be remune- ays, neverthe- ter the year of ) valid, unless ct two whole h drains and >unty at large e so erected, ping, pitch- ?, repairing, w or existing i Townships Iween such )f any Town County, as in the opi- onstructed, , lowered, roved, pre- and for en- agreement or Coun- Viilage as pense and Counties, ,# pectively j langing or unications uch new, ide-walk, 9 laid out n, stable, ground, fr, stone, opriation COUNTY COUNCILS. ThirUenthly. For regulating the drivinar and riding on or over any County bridge erecied or to be erected under the authority of such Mu- nicipal Council. Fourteenthly. For preventing the immoderate riding or driving of hor- ses or cattle in any of the public highways in such County, whether such highways be Township or County roads. FtfteenlMy. Fur making regulations as to pits, precipices and deep waters, or other places dangerous to tr.ivellers in the immediate neigh- bourhood of any County Road or Bridge. SvAeenthly. For granting to any Town, Township or Village, in "uch County, by way of loan or otherwise, such sum or sums of money ir aid of such other moneys as may be raised by the Municipal Corporation of such Town, Township or Village, or by voluntary subscription, for or to- wards the making, opening or erecting of any new road or bridge in such Town, Township or \nilage in cases where such Municipal Coun- cil shall deem such Town, Township or Village work of sufficient im- portance to justify the affording such assisjpnce to it, with a view to the general interest possessed by tne County at large in such Town, Town- ship or Village^ and yet where such work is not of a character, in their opinion, to justify them, in at once .assuming the same as a County woik.to be executed wholly at the expense oflhe County at Ip.rge. Seventeenthly. For attaching any new Township or Townships within such County not having a sufficient population for a separate Municipal organization of their own under the provisions of this Act, to such of the older Townships of such County as they shall deem best for the conve- nience of the inhabitants of such new Township or Townships, and for thus forming them into a Union of Townships for the purpose of such Municipal organization. Eighteenthly. For regulating the manner of granting to associated Joint Stock Road or Bridge Companies, licenses to proceed with any roads or bridges within the jurisdiction of such Municipal Council, and the manner of afterwards ascertaining and declaring according to law the completion of the works undertaken by such Companies respective- ly, so as to entitle such Incorporated Companies to levy tolls upon such works, and of all examinations, enquiries and investigations necessary for the proper, efficient and judicious exercise of such power. Nineteenthly. For taking stock in oi- lending money to any Incorpora- ted Road or Bridge Company to which such Municipal Council shall have granted a license, to proceed with such work in accordance with the requirements of the Statute in that behalf, or in or to any other such Incorporated Road or Bridge Company in whose road or bridge the in- habitants within the jurisdiction of such Municipal Council shall in the opinion of such Municipal Council be sufficiently interested to warrant them in taking such stock or lending such money for the advancement of such enterprize ; all dividends, interests and proceeds to arise or be received from such stock or loan being at all limes applicable to the general purposes of such Municipal Council, and to go in reduction of the rates required to be levied for such purposes. Twentiethly. For the imposing fines not exceeding in any case ten pounds, currency, for the breach of all or any of the By-laws or Regu- lations of such Municipal Council. Twenty-firstly. For borrowing under the restriction and upon the se- curity hereinafter mentioned, all such sums of money as shall or may be riecessary for the execution of any County work within their juris- diction and the scope of the authority by this Act conferred upon them. 15 Regulation of driving oil Bridges. Prevention of immoderate driving on Itighwayi, k.c> Refiulaticiix as to PIti, tLZ., near Roads. Granting loans to Towns, Townsiilpfi, &c.. in tlic County. Attacliing Towni-hips to others. GranUng licen- ses to Road or Bridge Com- panies. Talcing Stock tn Road or Bridge Companies. As to Dividends, interest, &c. Fines. Borrowing moneys. 10 POLICE VILLAGES. ; i Rc|)*allng or ainendiiig By- lawn. Comily Munici- |i.-il CoiinclU iiiny dvliiie liniluof villDgca Lev) ing moneys Twenty secondly. For raising, levying, collecting anil appropriating such moneys as may be required for all or any of the purposes aforesaid, either by way of tolls to be paid on any County Budge, road or jother public work, to defray the expense of making, repairing or maintaining the same, or by means of a rate or rates to be assessed equally on the whole rateable property of such County liable to assessment, according to anv law which shall bo in force in Upper Canada concerning Rates and Assessments. Twenty-thirdly. For the repeal, alteration or amendment from time to time of all or any of such By-laws, and the making others in lieu there- of as to them may seem expedient for the good of the inhabitants of such Cotinty. III. POLICE VILLAGES. XLII. And be it enacted, That it shall and may be lawful for the Municipal Council of any Count}^, by By-law to be passed upon the Setition of any number of tne inhabitants of any unincorporated Village or [amlet, situate in such County, or for the Municipal Councils of any two or more Counties, upon any such petitions from the inhabitants of any unincorporated Village or Hamlet situate partly within one of such Counties and partly within another or others of them, to define the lim- its within which in respect to such Village or Hamlet there is, in the opinion of such Municipal Council or Municipal Councils, a resident population sufticient to make it expedient that the provisions of this Act for the regulation and Police of unincorporated Villages should be ap- plied to such Village or Hamlet^ and in every such By-law such Muni- cipal Council or Councils, shall fix the place in such Village or Hamlet, where the first annual election of Police Trustees, under the authority of this Act, shall be held for such Village, the person who shall preside at such meeting, and the hour at which such meeting shall be opened for that purppse. XLIII. And be it enacted, That on the second Monday in January next after the end of three calendar months from the passing of such By-law or By-laws, as the case may require, and annually, on the sec- ond Monday of January in each and every year thereafter, until such Village shall be incorporated under the provisions of this Act, it shall and may be lawful for the resident freeholders and householders of such unincorporated Village to assemble at the time and place appointed for that purpose, and to proceed to elect from among themselves three Police Trustees for such Village, which three Trustees, or any two of them, by a Memorandum in writing under their hands to be fifed with the Township Clerk of the Township in which such Village is situate, or when such Village is situate withm two or more Townships, then to be filed with the Township Clerk of some one of such Townships, shall within a reasonable time after the election, nominate and appoint one of their number to be the inspecting Trustee of such Village. XLIV. And be it enacted, That it shall be the dutjr of the Collector and Collectors of the Township or Townships within which such unincor- E orated Village shall be situate, whether appointed under this Act or efore the passing thereof, to deliver to the person appointed to preside at any sucn election, or to any person by him appointed to receive the same, a fair copy of the Collector's Roll made up next before such elec- tion, so far as such Roll contains the names of the resident freeholders and householders of such unincorporated Village, with the amount for which they shall be assessed upon such Rolls ; which copy shall be verified by afiidavit or affirmation appended to, or endorsed upon such copy, and sworn or affirmed before any Justice of the Peace for the County, to the effect, that the same is a tiue copy of such Roll, so far as And fix place or first cleciion, Meeting for election of Police Trustees. Appointment of Inspecting Trnstce. Townsliip Gollocior to deliver a copy ofthe roll of freeholders nnd householders to the person presiding at the election. Attestation of such cnpy. md appropriating? urpones atoresaid, Ige, road or jother Jg or maintaininir 'd equally on tho sment, according !oncerning Hates Jent from time to era in lieu there- le inhabitants of e lawful for the Jassed upon the •orated Village or Councils of any e inhabitants of thin one of such deHne the lim- thore is, in the cils, a resident sions of this Act 3 should be ap- law such Muni- lage or Hamlet, er the authority tio shall preside shall be opened lay in January issing of such /, on the sec- tor, until such Act, it shall lolders of such .•pointed for tselves three |or anv two of filed with ;e is situate, lips, then to nships, shall appoint one :e. khe Collector luch unincor- T this Act or fd to preside I receive the p such elec- I frt^eholders lamount for ly shall be lupon such Tice for the 1; so far as POLICE VILLAGES. relaleb 10 the unincorporiited Village (or which such election is to bo held, and that it includes the names of all the resident treeholders and householders in such unincorporated village, and ihe amount for which they shall have been assessed as entered upon such Roll, and tho per- sons entitled to vote or bo elected at such election shall bo those whoso names are upon the said Roll or Rolls thus verified, and who shall con- tinue at tho time of tho election to bo resident in snc-li Village : Provided always, firstly, that the holder or occupier of any separate portion oi a house having a distinct communication with a road or street, by an outer door shall be considered a housoliuldur within the meaning of this Act in case he shall be assessed therefor, as a house upon such Collec- tor's Roll or Roll's as aforesaid : And provided also, secondly, that no person shall be qualified to be elected at any such election of Trustees who shall not have been entered upon such Roll or Rolls as aforesaid, for rateable property held in his own right or that of his wife as proprie- tor or tenant, to the value of one hundred pounds of lawful money of Canada. XLV. And be it enacted, That at every subsequent annual election of Police Trustees for such unincorporated Village after the first, the per- son to preside at such election, and the hour at which tho same snail commence, shall bo appointed by the Trustees for the preceding year or any two of them under their hands, of whichdue notioo shall by them be given by written or printed notices thereof, to be put up in at least three of the most public places in such unincorporated Village. XLVI. And bo it enacted, That if at the time and place appointed for any first or subsequent election of Trustees, for any such unincorpo- rated Village, the person appointed to preside thereat shall not attend within one hour after the time appointed for commencing the proceed- ings, the resident inhabitant freeholders and householders of s\ic\ Vil- lage, or a majority of them may, if they think proper, proceed to nominate a person to preside at such meeting, and the election of Trus- tees for such year shall be held by such person, as if he had been the person appointed by tho Municipal Council of the County or by the Trustees for the i)recedlng year as aforesaid. XLVIL And be it enacted. That upon the happening of any vacancy by death or otherwise, amongst tho Police Tiustees of any such unin- corporated Village in the course of tho year for which they shall have been elected, it shall and may be lawful for the remaining Trustee or Trustees by a memorandum in writing, to be filed with sucii Township Clerk as aforesaid, to supply such vacancy by the appointment of Trustees or a Trustee in their or his place, which Trustees or Trustee so appointed, shall hold his office to the end of the term of office of the person in whoso place he shall have been appointed, and no longer, and shall, during the time he shall hold the same, possess all the authority of such person. XLVIH. And be it enacted. That any Inspecting or other Trustee of any of the said unincorporated Villages, who shall wilfully neglect or omit to fulfil any of the duties hereby imposed upon him, or to prosecute any offender against the Regulations of Police hereinafter established, for such unincorporated Villages, at the request of any inhabitant householder, offering to adduce proof of the offence, shall, on being thereof convicted in manner hereinafter provided, incur a penalty of twenty shillings, currency. XLIX. And be it enacted, That the penalties prescribed in and by the next immediately preceding section of this Act, or under that for the establishment of Regulations of Police for such unincorporated Villages, shall be sued for within ten days after the otfence for which tl.cy shall have been incurred shall have ceased, and not afterwards. B 17 I'roviHoak to 'i'cnuiiiH of purlH of houvcb. Proviso ;i.s to (lualiliciitloiiof clue torn. A|i|ioiiitiiiPiit ut' |icriioiiiitO|)rc'- bidc at aiimiul I'luctioiiii. I'rovitiion iiicab« of oliceiicc of purkon npiMjJiiteil to prcsiilc al flection. I'roviKion iucu:>c of vacnicy niiioDi; the Police TruHtcus. Penalty aitaiiibt Trustees for neglect of duty. Peiiiilties (0 lie buuij fur within a certain time. 18 PtiiRliiei 10 be ■ued for and rccovared by Inipeeting Truitet. How levied. How applied. ! Police regula- tloiiB to be en- forced will) rciper.t to— Lnddori on roohi BucKeta « Bakera, Brew- era, fcc. i Stove pipea \ POLICE VILLAGES. L. And be it enacted, That all penalties incurred by any person oi persons, under any of the Regulations of Police, by the next succeed- ing section of this Act, established for such unincorporated Villages, shall be sued for and recovered by the Inspecting Trustee of Police of such Village, or in his absence, or when he snail be the parly com- ylained against, then by some other of such Trustees before any one ustice of the Peace having jurisdiction and residing within five miles of such Village, if any there be, or else before any other Justice of the Peace having jurisdiction as such, in such Vill:ige, who shall hear and determine sucn information in a summary manner, and upon the oath or affirmation of one or moro credible witnesses, and shall cause such penalty to be levied by distress and sale of the goods of the offender; and the whole of such penalty shall be applied to the repairs and im- provement of iho streets and lanes of sucn Village, under the direction of the Police Trustees thereof, and by the Pathmaster or Pathmasters of the division or divisions to which such Village shall belong, to whom or such of them as shall bo appointed by suclt Trustees for that purpose* such penally shall be paid over for that purpose. LI. And be it enacted. That it shall be the duty of the Police Trus- tees of every such unincorporated Village to execute and enforce, and cause to be executed and enforced, within the limits of such Village, the Regulations of Police herein and hereby provided and established for all such Villages, that is to say : Firstly. All and every the proprietors and proprietor of a house or houses of more than one story in height, in any of the said Villages, shall place or cause to be placed a ladder or ladders on the roof of tneir lespective houses, near to or adjoining the chimney or chimneys thereof, and another ladder reaching from the ground to the roof of each and every of thpir respective houses as aforesaid, under the penalty of five shillings currency, for every neglect so to do, and of ten shillings currency, for each and every week during which they shall neglect to provide them- selves with such ladder or ladders as aforesaid. Secondlif. All and every householder or householders in'the said Vil- lages shall be held to furnish and provide himself or themselves with two buckets, fit and proper for carrying water, in case of accidents by lire, under the penalty of five shillings currency, for each bucket which may be deficient. Thirdly. It shall not be lawful for any baker, potter, brewer, manu- facturer of pot and pearl ashes, or any other person, to build, make or cause to be built and constructed, any oven or furnace within the limits of any of the aforesaid Villages, unless the same adjoin and be properly connected with a chimney of stone or brick, which chimney shall rise at least three feethigher than the house or building in which the said oven or furnace may be, and three feet higher than any building within one chain of the said oven or furnace, under a penalty which shall not exceed ten shillings currency, and for non-compliance with this regulation, the oflfender shall incur a penalty of fifteen shillings currency, for each week during which he shall neglect to comply therewith. Fourthly. It shall not be lawful for any person in any of the said Villages to conduct any stove pipe through any wooden or lathed parti- tion or through any floor, unless there be a space of six inches between the pipe and the paitition or floor, or the nearest wood-work, and the {>ipe of every stove shall be inserted into a chimney, and there shall be eft at least ten inches in the clear between any stove and any wooden or lathed partitions, or other wood-work, ancl each and every person offending against this j-egujation shall incur a penalty of ten (shillings currency. I by any person oi the next suoceed- sorporated VillageB, rustoe of Police of be the parly com- les before any one J within five milea >ther Juvtice of the 'ho shall hear and »nd upon the oath 1 shall cause such s of the offender; > repairs and im- inder the direction lor Pathmastersof along, to whom or fs for that purpo8e> the Police Trus- I and enforce, and i of such Village, d and established !tor of a house or he said Villages, n the roof of their jhimneys thereof, |ofeach and every y of five shillinffs J currency, for provide them- igs in 'the said Vil- hemselves with f accidents by h bucket which brewer, manu- )uild, make or 'ithin the limits ind be properly ley shall rise at he said oven or ithin one chain not exceed ten •egulation, the for each week ny of the said ' lathed parti- ches between ork, and the "there shall be •ve and any h and every >nalty of ten I POLICE VILLAGES. 10 En(erini| ecrtnia plncei with caii- dlci. k.c. Lighting firei In wooden Uving veicelt Tor conveying flie { Hay, Straw, &.C.. in dwelling houfe« ; Fifthly. Any person or persons who shall enter into any mill, barn, out- house or stable within the limits of any of the said Villajfcs with a lighted candle or lamp, without having the same well inclosed m a lantern, shall for every such offence incur a penalty of five shillings currency, and any person or persons who shall enter into any mill, barn, stable or out-house, within the limits of any of the said Villages, with a lighted pipe or cigar, or carry fire not properly secured into buch barn, stable, or out- house,flhall for every such offence incur a penalty of five shillings currericy. Sixthly. No person or persons shall be allowed to light or have a fire in any wooden house or out-house, of any description, within the limits houieKiAc of any of the said Villases, unless the same be in a brick or stone chimney, or in a stove of iron or other metal, under a penalty of five shillings currency, for each offence. , ^ L. 'nthly. All and every person or persons who shall carry or convey fire i . or through an v street, lane, yard, garden or place, in any of the said Villages or cause nre to be so carried or convoyed wilhout having the same confined in some copper, iron, or tin vessel, shall for every such offence, incur a penally of t\yo shillings and six-pence currency, and for every subsequent offence of a like nature, a farther penalty of five shillings currency. Eighthly. Any person or persons who shall put or cause to be put or placed any hay, straw or fodder, in any dwelling house, within the limits of any of the said Villages, shall incur a penalty of five shillings currency for the first offence, and a penalty of ten shillings currency for every week during which he or she shall neglect to remove the said hay or straw from the said dwelling house. NintMij. All and every person or persons who shall keep or have gun- Eowder for sale, in any of the said Villages, shall keep the same iq o.xes of copper, tin or lead ; and for every omission or neglect so to do, such person or persons shall incur a penalty of twenty shillings for the first offenco, and forty shillings for every subsequent offence. Tenthly. Any person or persons in any of the said villages, who shall sell or permit gun-powder to be sold at night in his or their houses, store-houses or shops, out-house or other building, shall on being thereof convicted, incur a penalty of forty shillings currency for every first of- fence, and of sixty shillings currency, for every subsequent offence. Eleventhly. Any person or persons who shall in any of the said Villages keep or deposit any ashes or cinders of any kind, (ashes in the pos- session of manufacturers of pot and pearl ashes excepted,) in any wood- en vessel, box or other thing not lined or doubled with sheet iron, tin or copper, so as to prevent all danger of fire or combustion from such ashes or cinders, shall for every such offence incur a penalty of five shillings currency. Twelfthly. Any person or persons who shall in any of the said Villages auick lime ; place or deposit any quick or unslacked lime in any house, out- house or building, so that such lime may be in contact with or touch any wood thereof, whereby there may be any danger of fire or combus- tion, shall for every such offence incur a penalty of five shillings cur- rency, and a further penalty of ten shillings currency, for each day until such lime shall be removed or secured, to the satisfaction of such Inspecting Trustee, and in such manner as not to cause any danger of accident by fire. Thirteenthly. Any person who shall light a fire in any of the streets, Lighting flrei in lanes, or public places of any of the said Villages, shall for every such »"««•■ » offence incur a penalty of five shillings currency. Keeping of Gun- powder ; Sale of Gun- powder at night ; Deposit of Athci, &c. 20 INCORPORATED VILLAGES. I . '! Chnreoal Air- iiacM I Fllih, RutibUli. Slc. Inlinbitniitt o( VillfiBei men- tlOMcd ill Sehv- ilule A. iiicor- |)orated. Cor|)ornte powert. Election of Towiiibip Coun- clllora, Itc. Election or a 'I'owiireeve. Ap|)oii)Uiientof Returning Officer. Case in which the Governor may appoint a Rptiirning Officer. Places of holding election, nnd notice thereof. Returning Offl- cers to procure copy of Collec- tor's Boll. Fourtccnthly. Nu person or persons shall erect orcniise to bo orectetl an^ furnaoo for making charcoal ei \vooen or elected es which has of Town or pointed, the ng Trustee, first election the Village ning Officer. any Village "'olice or a 11 not have Governor of election for every such slection, of me at le;ist !es in such Returning 5opy of the lis for the Township in which such Village is situate, so fat as such Rolls or either of Ihom exhibit the names of the freeholders and householders rateil upon such Roll or Rolls wiiuiti the lirnitaof such Village, with tho amount* for wl'ich Ihov shall be reappctivoly asiessed upon such Roll or Rolls, each of which auid copies shall be verified in liko manner as the copies of Collectors' Rolls produced at the Township Elections, as hereinoeforo provided : Provided always, that no person shall bo cjuali- fied to bo elected as a Village founoiltor wli" shall not be poMessud, to his own use, of real estate held L^ him in fee or fr«ehold, or for a term of twenty-one years or upwards, of which at least seven years remain unexpired, situate within the Villajio for which ho in elected, of tho assessed value of two hundred and fifty pounds, or unless he shall be a tenant from year to year, or for a term of years, of all property within such Village, at a honA fide rental of twenty pounds per annum or up- wards, or shall bo in the receipt of twenty pounds or upwards of voatly rent or profit accruing from or out of real projperty within such Villngo ; and the male inhabitants being either freenofders or householders upon such Roll or Rolls and resident at the time of the election, and who shall appear in the said Roll or Rolls to have been assessed either as proprietor or tenant for a house or houses, or for land or for both, to the value of twelve pounds ten shillings currency, within the limits of such Village, and none other, shall be entitled to vote at such Village election. LVIII. And be it enacted. That when and so often as any Police or other Village Hamlet or place in Upper Canada not incorporated by namo under this Act, together with the immediate neighbourhood thereof, shall be found by the Census Returns for tho same to contain over one thousand inhabitants whose residences are or shall bocollected within a convenient neighbourhood or proximity to each other, to form an Incor- porated Village, it shall and may bo lawful for the Police Trustees of such Village, if the same shall be a Police Village, or for any number of resident freeholders or householders of such Village, Hamlet or place, in case it shall have no Police Trustees, not less than one hundred, to petition the Governor of this Province that such Village, Hamlet or place may be erected into or set apart as an Incorporated Village, and the inhabitants thereof incorporated under this Act ; and upon such petition, it shall be lawful for the Governor of this Province, by an Order in Coun- cil, to issue a Proclamation under the Great Seal of this Province erecting or setting apart such Village, Hamlet or place into or as an Incorpo- rated Village, by a name tote given in and by such Proclamation, and to sot forth in such Proclamation proper boundaries for such Village, including within such boundaries any portion of the Township or Town- ships which, from the proximity of streets or buildings therein, ■ ay con- veniently be attached to such Village, Hamlet or place, and w..m such Village shall have grown up on the confines of two or more Counties, 80 as to lie partly within the limits of each, to annex the whole of such Village as incorporated to some one of such Counties exclusively ; and the inhabitants of such Village shall, on, from and after the first day of January next after the end of three calendar months from the teste of such Proclamation, be incorporated, and the said Village shall become an Incorporated Village apart from the Township or Townships in which it is situate, and the first election foi such Village shall be hel(l in the manner hereinbefore prescribed on the first Monday in that month, and such Village shall from thenceforth form a part of the Coun- ty to which it shall have been so annexed as aforesaid, and shall be subject to the same regulations and provisions of Law, ind shall have the same immunities and privileges as a Village named in the said Schedule to this Act annexed marked A, as fully as if such Village had beon mentioned therein, Proviio ! who may lie elected or vote n* an elector. Provision with rcipect to iliu liirDrporatioii of VillaKOi in which the populntioii Hhnll Incrcnie to a certain number Petition to the Uovcrnor. Action iipoa luch i e.iiion. Incorpor.it ioi! anilcorpjrate powen. 22 Duties and lia- bilities of Muni- cipitlities of incorporated VillHgesto be similar to those of Township Municipalities. Village Munici- palities may also make By-laws for— Opening, &c., roads, Sec, Proviso as to encroachments on private pro- perty of certain kinds. Regulating High- ways, &.C, Kemoving steps, projections. Sec. Fixing boundary lines of High- ways, &c. Granting money to Counties liy INCORPORATED VILLAGES. LIX. And be it enacted, That the Municipality of every such Village shall be formed in like manner as the Municipality of any Township, and shall have all such powers, duties and liabilities within and in res- pect of such Village as tne Municipality of any Township shall have in respect of such Township, and the Townreeve of every such Village, and the other Officers thereof, shall have like powers, duties and liabili- ties within and in respect thereof as the Townreeve or other Officers of any Township shall have within and in respect of such Township, and the Townreeve of each of such Villages shall be a Member of the Mu- nicipal Council of the County in which the same is situated. LX. And be it enacted, That the Municipality of each Village, which shall be or remain incorporated under the authority of this Act, shall moreover have power and authority to make By-laws for each or any of the following purposes, that is to say : Firstly. For the opening, constructing, making, levelling pitching, raising, lowering, gravelling, macadamizing, planking, paving, flag- ging, repairing, planting, improving, preserving and maintaining any new or existing highway, road, street, square, side-walk, crossing, alley, lane, bridge or other communication, or any public wharf, dock, slip, drain, sewer, shore, bay, harbour, river or water and the shores and banks thereof within the jurisdiction of the Corporation of such Village, and for the entering into, performing and executing any arrangement or agreement with the Municipal Corporation of the County or Counties in which such Village may lie for the execution of any such work at the joint expense ;ind for the joint benefit of the Municipal Corporations of such County or Counties, and of such Village and the people they repre- sent ; and for the stopping up, pulling down, widening, altering, chan- ging or diverting of any such highway, road, street, bridge, or commu- nication within the satne : Provided always, nevertheless, that no such new, widened,altered, changed or diverted highway, road, street, side- walk, crossing, alley, lane, bridge, or other communication, shall be laid out so as to run through or encroach upon any dwelling house, barn, stable, or out house, or any orchard, garden, yard or pleasure ground, without the consent in writing of the owner thereof. Secondly. For regulating or preventing the encumbering, injuring or fouling of any such highway, road, street, square, side-walk, crossing, alley, lane, bridge or other communication, and of any such wharf, dock, slip, drain, sewer and shore, bay, harbour, river or water by any animals, wheel-barrows, cabs, carls, carriages or other vehicles, ves- sels, craft, lumber, stone, building or other materials or things whatso- ever, or in any other manner whatsoever. Thirdly. For directing and requiring the removal at any time of any door-steps, porches, railings or other erections, projections or obstruction's' whatsover which may project into or over the boundary lines of any such highway, road, street, square, sidewalk, crossing, alley, lane, bridge or other communication, or of any such wharf, dock, slip, drain, sewer, shore, bay, harbour, river and water, or the shores and banks thereof, at the expense of the proprietor or occupant of the real properly in or near which such projection or obstruction may be found. Fourthly. For surveying, by competent persons, and fixing, marking, determining and settling the boundary lines of such highways, roads, streets, squares, alleys, lanes, bridges or oiher communications, and of all such public wharves, docks and slips, for giving names to the same, and affixing such names on boards or otherwise on the houses at the corners of the same . Fifthly. For granting to the County or Counties in which such Village shall be situate, by way of loan, or otherwise, such sum or suras of ■|! INCORPORATED VILLAGES. 23 ^ery such Village )f any Township, within and in res- hip shall have in ry such Village, tuties and liabili- other Officers of I Township, and nberofthe Mu- ated. ji Village, -which ' this Act, shall •r each or any of elling pitching, ?, paving, fl^- laintaining any . crossing, alley, arf, dock, slip, the shores and if such Village, arrangement or r or Counties in ch vpork at the Corporations of iple they repre- iltering, chan- ge, or commu- 3, that no such i, street, side- ition, shall be g house, barn, asure ground, injuring or alk, crossing, such wharf, water by any ehicles, ves- lings whatso- time of anv r obstructions' lines of any alley, lane, slip, drain, and banks eal properly d. g, marking, ''aye, roads, ions, and of the same, ises at the ich Village >r suras of money, in aid of such other moneys as may be raised by the Municipal Corporation of such County or Counties, or by voluntary subscrip- tions, for or towards the making, opening, or erecting of any new road or bridge on the bounds of such Village. Sixthly. For regulating and managing any existing market, and for establishing, regulat' ;, and managing any new market, for preventing the selling or vending oy retail in the public highways any meat, vege- tables, fruit, cider, beer or other beverage whatsoever ; for regulating the place and manner of selling and weighing butchers' meat, hay, straw, fodder, wood, lumber and fish ; for restraining and regulating the purchase and manner of selling all vegetables, fruit, country produce, poultry, and all other articles or things, or animals exposed for sale, or marketed in the open air ; for preventing the forestalling, legrating or monopoly of market grains, meats, fish, fruits, roots and vegetables; for restraining and regulating the purchase of any such things by hucksters or runners living within such Village or within one mile distant from the outer limits thereof; for regulating the measurement, length and weight of coal, lime, shingles, laths, cordwood and other fuel ; and for imposing penalties for light weight, or short count or measurement in any thing marketed ; for appointing Inspectors for regulating weights ana measures in the markets, and within such Village according to the lawful Standard, and for visiting all places wherein weights and meas- ures, steelyards or weighing machines of any description are used within such Village, and for seizing and destroying such as ire not accord- ing to such Standard ; and for imposing and enforcing the collection of penalties upon any person or persons therein who shall be found in the possession of unstamped or unjust weights, measures, steelyards or other weighing machines, for regulating all vehicles, vessels and other thin, in which any thing may be exposed for sale or marketed in any higi way, street or public place, and for imposing a reasonable charge or duty thereon, and establishing the mode in which it shall be paid ; for seizing and destroying all tainted and unwholesome meat, poultry, fish, or articles of food ; and for distraining butchers' meat for the rent of market stalls, and for selling the same after six hours' notice. Seventhly. For regulating any harbour lying within the limits of such Villrige, and the vessels, crafts and rafts arriving in it ; for imposing and collecting such reasonable harbour dues thereon as may serve to keep such harbour in good order, and provide for the payment of a Harbour Master, and the erection and maintenance of the necessary beacons therein ; for regulating and providing for the erection and rent of wharves, piers and docks in the said harbour, and for preventing the filling up op encumbering of any such harbour. Eighthly. For regulating the assize of bread, and preventing the use of deleterious materials in the making thereof: and for providing for the seizure and forfeiture of bread baked contrary thereto. Ninthly. For enforcing the due observance of the Sabbath ; for pre- venting vice, drunkenness, profane swearing, obscene language, and any other species of immorality and indecency in the streets or other public places, and for preserving peace and good order ; for preventing the excessive beating or cruel and inhuman treatment of animals on the public highways of such Village ; for preventing the sale of any intoxi- cating drink to children, apprentices or servants without the consent of their legal protectors ; for suppressing and imposing penalties on the keepers of low tippling houses and houses of ill fame visited by disso- lute and disorderly characters ; for licensing and regulating victualling houses or other houses of refreshment where spirituous liquors are not sold ; for the regulation of all public billiard tables, and for licensing loitn or other- wise. Regulnting marketi, Ice. Forcstalline or monopoly, Ice WeiglUi and Measures. 3 Vehicles. Unwholesome meats. Regulating har- bours, Sec. Harbour dues. Deacons, dec. Wharves, &o, Assize of bread. Observance of Sabbath, pre- venting vice, &c. Cruelty to ani- mals. Tippling houses, Victualling houves tta. r" 24 Onmliliii;;. Vngrancy. Exiiibitions. Public nuisances &c. JJseor Firearms. ]iatliln^'. Cliarivaries, &c. Ol).=ceno lang- II ago, &c. LocI:-tip houses, &c. Public fountains, &c Ounpowder, &c. I'lre in certain placcR. .1 II ■ A alms. Cliiiniiiea. INCORPORATED VILLAGES. regulating or preventing bowling alleys or other places "of amusement ; for regulating or preventing, restraining or suppressing horse-racing and gambling houses, and for entering into them and seizing and destroying faro-banks, rouge-et-noir, and lonlette-tables, and other deviqes for gambling ; for restraining and punishing all vagrants, drunkards, vaga- bonds, mendicants and street beggars, and all persons found drunk or disorderly in any street or public place in such Village ; for restraining or regulating the licensing of all exhibitions of natural or artificial curiosities, theatres, circuses, or other shows or exhibitions kept for hire or profit. Tenthly. For abating and causing to be removed all public nuisances ; for regulating the construction of privy vaults ; for causing vacant lots in central situations when they become nuisances to be properly enclosed ; for regulating or preventing the erection or continuance of slaughter houses, gas works, tanneries, distilleries or other manufactories or trades which may prove to be nuisances ; for preventing the ringing of bells, blowing of horns, shouting and other unusual noises in the streets and public places ; for preventing or regulating the firing of guns or other fire arms ; for preventing or regulating the firing or setting off of fire balls, squibs, crackers or fire-works; for preventing or regu- lating the washing or bathing in any public water in or near such Vil- lage ; for preventing and punishing parties engaged in charivaries and other like disturbances of the peace ; for preventing any indecent public exposure of the person, or other indecent exhibition whatsoever ; for preventing profane swearing and the use of blasphemous, obscene or indelicate language. Eleventhly. For establishing, maintaining and regulating one or more public lock-up-houses in and for such Village for the detention and im- prisonment of all persons sentenced to an imprisonment of not more than ten days, under any of the By-law^s of such Village, and of all other persons lawfully detained in custody for examination before a Justice of the Peace or other competent authority on any charge of hav- ing committed any offence against the Law or the By-laws of such Village, or detained for the purpose of his transmission to any common gL;ol or house of correction upon commitment or otherwise eitlier for trial or in the execution of any sentence that may have been passed upon him, either by a Justice of the Peace or other competent authority in that behalf. Twelfihly. For the establishing, protecting and regulating of public fountains, wells, pumps, cisterns, reservoirs and other conveniences for the supply of good and wholesome water or for the extinguishment of fires, and to make reasonable charge for the use thereof; and for pre- venting the waste and fouling of public water. Tliirteenthly. For regulating the keeping and transporting of gun- powder and other combustible or dangerous materials ; and for erecting, regulating and providing for the support by fees of a Village Magazine for the storing of gunpowder belonging to private paities, and for com- pelling persons to store therein ; for preventing or regulating the use of fire, lights, or candles in livery or other stables, cabinet-makers and carpenters' shops, and combustible places ; for preventing or regulating the carrying on of mauufactories or trades dangerous in causing or pro- moting fire ; and for regulating the mode of removal and requiring ihe safe keeping of ashes in proper deposits ; for regulating, removing or preventing the construction of any chimney, flue, fire-place, stove, oven, boiler or other apparatus or thing in any house, tnannfactory or business which may be dangerous in causing or promoting fire ; for regulating the construction of chimnies as to the dimensions and thickness, anil 3s "of amusement ; g horse-racing and ing and destroying other devices for , drunkards,' vaga- s found drunk or e; for restraining atural or artificial lions kept for hire public nuisances ; using vacant lots to be properly or continuance of iier manufactories iling the ringing lal noises in the ing the firing of le firing or setting venting or rejju- r near such ViJ- charivaries and y^ indecent public whatsoever; for lous, obscene or ting one or more Jtention and im- ent of not more ige, and of all nation before a ; charge of hav- V-Iavvs of such any common either for trial n passed upon "t authority in [ting of public iveniences for iguishment of and for pre- |rting of gun- ' for erecting, |ge iVTagazine md for com- ig the use of -makers and )i" regulating lising or pro- lequiring (he Temoving or [stove, oven, or business regulating 3kness, anil INCORPORATED VILLAGES. ;| the carrying of the same to a proper height above the roofs of buildings, 'I and for enforcing the proper sweeping or cleaning of the same by licensed k or other chimney sweepers ; for guarding against the calamities of fire ; by regulating and enforcing the erection of party walls ; for compelling the owners and occupants of houses to have scuttles in the roofs, and stairs and ladders leading to the same, and for authorizing the Officer to be appointed for that purpose to enter at all reasonable times or hours upon the property of any party subject to such regulations for the pur- pose of ascertaining that the same are properly obeyed ; for requiring the inhabitants of such Village to provide so many fire-buckets, in such manner and time as they shall prescribe, and for regulating the exami- nation of them and the use of them at fires ; for regulating the conduct and enforcing the assistance of the inhabitants present at fires, and the preservation of property thereat ; for making regulations for the sup- pression of fires and the pulling down or demolishing of adjacent houses, buildings or other erectionsfor that purpose ; for purchasing and establish- ing and regulating Fire, Hook, Ladder and Property Saving Companies ; for providing medals or rewards for persons who shall distinguish themselves at fires, and for as-iisting the widows and orphans of persons who may be killed by accidents occurring at such fires. Fourteenthly. For entering into and examining all dwelling houses, warehouses, shops, yards and outhouses, for ascertai n ing whether any such places are in a dangerous state, with respect to fire or otherwise, and for directing them to be put in a safe and secure condition ; for appoint- ing fire wardens and fire engineers ; for appointing and removing firemen ; for making such rules and regulations as may be thought expe- dient for the conduct of such Fire Companies, Hook and Ladder Compa- nies and Property Saving Companies as may be raised with the sanction of the Corporation of sucli Village. Fifleerdhly. For providing for the health of the village and against the spreading of the contagious or infectious diseases ; for regulating the interment of the dead, and for directing the returning and keeping of bills of mortality ; and for imposing penalties on physicians, sextons and others for default in the premises ; and for providing and regulating one or more Public Cemeteries for the interment of the dead. Sixleenthly. For laying out, improving and regulating any Public Ce- metery for the burial of the dead that they may obtain and establish for such Village, and for selling or leasing such portions thereof as they may think proper, and for declaring in the conveyance thereof to the purchasers or lessees, the terms on which such portions are to be held and for making such other regulations for the improvement, ornament and protection of such Cemetery as they may think necessary and proper. Scventeenthly. For preventing the immoderate riding or drivino' of horses or cattle in any of the public highways or streets of such Viila"-e* and for preventing the leading, riding or driving of horses or cattle upon tlie' side-walks of the streets of such Village, or other improper places therein. Eighteenthly. For regulating or preventing the fishing with nets or seines, the use of fishing lights, or the erection or use of weirs for eels or other fish in any harbour, river or public water within the limits of the jurisdiction of the Corporation of such Village. Ninetcenthly. For regulating inns, taverns, ale houses, victuallin"- houses, ordinaries and all houses where fruit, oysters, clams, victuals o° spirituous liquors, or any other manufactured beverage may be sold, to be eaten or drank therein, and all other places for the reception and enter- tainment of the public within the jurisdiction of the Corporation of such Village, and to limit the number of them, and in all cases when there exists no other provision by law for the licensing of such houses 25 Party walls. Ladder*. Fire UucketB, Fire Ck)mpanies. Kznmining (Iwellini; li '\nd be it enapfo^^ tk * ™oh Chief Constable „'c™„m'',""'' ""» '^••"'»» hereof Tfr"", ="'- Conelable or ConSl „f T" '" "'"" J«relio„ dT,m- ""^ ""? '^'"■"' •>/ hi, office af^er , he poVk^ ''';■<'« 'ha' he shall be rej, ZT,n??'' f *'»' . Coiislable SJ CoMLb?/'^f "' ^T * »"<' Proper ne"'i'! P"™' "''"eh Co^able or S=Se%'."SetT''°''°'»-^ -rnsiS,rfl„^ ?htf' " .. .^V- And be it enacted Tv,,f „i, -^ Salnry. Proviso : Police •MnKistratenoti ''P ''ippointpd except upon l»'tition of the torj)orniion. Police i\Iagig. •rnle may tius- Venil Chief tonsinlle. Proviso as to OflpMcesngninst "v-lans, .to '"■ly lie prose.' filled (before i^oliceMngjg. •rate or Mayor. an™; i^-a^'ZlTVd aT^'"^» «^-ces against the - , sworn into office in such' tI. " Penalties for refusaf tl ^ '^'"'^ ^^ or more Justices onKJ^i!'' ^"'^ ^^^ other offenopi 1 ""l^^ *"" ^« either alone or assisted I? n^ ^^ ^'''y^'-' ^s the case mfv^' °^ ^"«^ -™. a. .he ease ^^^rXi^:^^'^ neachofauch Towns >e Police Magistrate )ther causes, or when then ii shall be the h times and for such usiness to be brought i: Provided always. Sunday, Christmas^ •roclamation for a rent necessity ; And wful for any Justice at the request of the » Office, in every of ayor at such Police •ales for the several ich under this Act i and every such eace in and for the' the Conn ty within Id shall receive a » payable quarterly 2d always, never- first instance be of such Town shall Province, through ch an Officer was Jwn and adminis- Magistrate shall office any Chief '^ohce Magistrate after such sus- reof, if he deem sal for the cause and the Town iss such Chief led to the duties ve expired, and "Stable shall be •ormission of the Chief Constable or the period of B power of such to act as Chief on of any Chief ' f^P ^) laws of -•capt or be i^er which one on, committed for, tried and en there shall layor of such y be, acting, ace for such rate shall ex INCORPORATED TOWNS, Jicio be a Justice of the Peace for such Town, and it shall be his duty Uid that of the Justices for such Town to be the conservators of the peace and for the same. LXXIII. And be it enacted, That the Clerks of the Town Councils of Ihe said Towns shall be Clerks of the Police Offices of such Towns, and perform the same duties and receive the same emoluments as now ftppertain to Clerks of Justices of the Peace in Upper Canada, unless by Act of ttie Town Councils of such Town another Officer be appointed for •uch purpose. LXXIV. And be it enacted, That there shall be in and for each of the Towns which shall be or remain incorporated as such under the authority of this Act, one Chief Constable, and one or more Constables for each Ward of such Town, who shall respectively hold their offices during the pleasure of the Town Council, but shall be liable to be suspended and dismissed as hereinbefore provided. LXXV. And be it enacted, That nothing? in this Act contained shall bo construed to limit the power of the Governor of this Province to appoint under the Great fc>eal thereof, any number of Justices of the Peace for «ftiy such Town. LXXVI. And be it enacted, That all oaths of Office of the Subordi- nate Officers of such Town, shall be taken before the Mayor or Police Magistrate thereof, or before any one of the Justices of the Peace for such Town, who are hereby authorized to administer the same. LXXVII. And be it enacted. That it shall and may be lawful for the Town Council of each of the saiJ Towns, to select from among them- selves one Townreeve, and when such Town shall have five hundred resident freeholders and householders on the Collector's Roll thereof, then also a Deputy-Townreeve for such Town, who shall be a Member of the Municipal Council of the County in which such Town is situate. LXXVIII. And be it enacted, That the Town Council for each of the said Towns shall appoint three .Assessors and one Collector for each Ward of the said Town, whose duty it shall be to make assessments and collect taxes within such Ward, in like manner as the Assessors and Collectors in the several Townships aforesaid are to perform the same duties in the said Townships respectively ; Provided always, firstly, that none of the Town Councillors shall be eligible to be appointed to such offices; and provided also, secondly, hat no person shall be ap- pointed such Assessor, unless he shall be rated on the Collector's Roll ■or the year preceding his appointment, to the amouut of three hundred pounds and upwards. LXXIX. And be ii enacted, That whenever any Incorporated Village in Upper Canada, shall be found by the Census Returns to contain within its limits upwards of three thousand inhabitants, then upon petition of the Municipality of such Village, it shall and may be lawful for the Governor of^this Province by an Order in Council to issue a Proclamation under the Great Seal of the Province erecting such Village into a Town, and including within the boundaries thereof any portion of the Township or Townships within which it may be situate, which from the proximity of streets or buildings thereon may conveniently be attached to such Town and dividing the said Town into Wards by appropriate names and boundaries ; but no Town shall be so divided into Jess than three Wards, and none of such Wards shall have less than five hundred inhabitants ; and such Town shall have an election by Wards on the first Monday in the month of January next after the end of three calendar months from the teste of such Proclamation ; and such Town shall from thenceforth be subject to the same regulations and provisions of law, and shall have 20 f fc (le Bhnll be a J. r. Who stinll l)C CIcrkHotTolico OfflCOH. Their duties. Appoiiitmeiit of CliiefCoiit.sHlil(:B, &c., to liold oflice diiriiii! pleasure of Town Council. I'ower of Gover- nor ntilu np|ioiiit- nierit of J. P. not affected. Oath of Office 0^' Subordiiiaie Urficerg, before wliom to be taken. Appointment of Townreeve, and Deputy-Town- reeve. Appointment of A&iieshors and Collectors. , Pro"' 'o. Proviso as to qualification. Provision for the erection of an incorporated Village into a Town on certain cunditionn. Number of Wards. First election by W.irds. Privileges as a Town. 30 INCORPORATED TOWNS. Town Council to be eonipoaed of Couiiclllori elected for the different Wardi: powers and duties. Power of Town Councils to make By-laws for — Establishing Police. Work-house and bouse of correc- tion. Resiilalins erec- tion of buildings. Purchase of land for Industrial Farm, &c. Lii;htlng with gas, oil, dec. Livery stable licenses, &c. Public convey- ances. Assessments on real property for special improve- ments. Or for sweeping and watering streets, &c. the same immunities and privileges as a Town named in the said Schedule to this Act annexed marked B, as fully as if such Town had been mentioned therein. LXXX. And be it enacted, That the Town Council of any such Town shall be composed of the Councillors elected by and for the different Wards of sucn Town, and shall have all such powers, duties and liabili- .'ies within and in respect of such Town as the Municipality of any Village shall have in respect of such Village ; and the Mayor of such Town and the other officers thereof shall have the like powers, duties and liabilities respectively within and in respect thereof^ as the Town- reeves and other Officers of any Incorporated Village shall have within and in respect of such Village. LXXXI. And be it enacted, That the Town Council of each of the Towns, which shall be or remain incorporated under the authority of this Act, shall moreover have power and authority to make By-laws for each or any of the following purposes, that is to say : Firstly. For establishing and regulating a Police for such Town ; for establishing and regulating one or more Alms-houses and Houses of Refuge for the relief of the poor and destitute ; for erecting and establish- ing and also providing for the proper keeping of any Work-house or House of Correction that may hereafter be erected in and for such Town ; for regulating the erecting of buildings and preventing wooden buildings from being erected in thickly built parts of such Towns. Secondly. For the purchase of such lands as they may deem necessary, for the purpose of an Industrial Farm for such Town, of not less than two hundred acres in extent within such convenient distance of such Town as they may deem expedient, and for erecting, or building there- on, such houses, buildings, yards and other inclosures as may be deemed proper for the purposes of such farm. Thirdly. For defraying out of the funds of such Town, if necessary, the expense of lighting the same or any part thereof with gas, oil or other substances, and the performing of any kind of work required for the purpose, and for obliging the proprietors or occupiers of real property to allow such work to be done, and such fixtures placed in or about their premises as may be necessary for that purpsse ; such work and fixtures to be done at the expense of such Town. Fourthly. For regulating and licensing the owners of Livery Stables, Horses, Cabs, Hackney-coaches, Omnibiisses, Carts and other Carriages used for hire in such Town, and for establishing the rates of pay or hire to be taken by the owners or drivers thereof, and for preventing runners, stage-drivers and others in the streets or public places from soliciting and teasing passengers and others to travel in any boat, vessel, stage or vehicle; Fifthly. For assessing the proprietors of such real property in any such Town as may be immediately benefitted by such improvements, for such sum or sums as may at any time be necessary to defray the ex- pense of making or repairing any common sewer, drain, flagging, posts or pavement in any public highway, street, square or place immediately opposite or near to such real property, and for regulating the time and manner in which such assessment shall be collected and paid. Sixthly. For raising, levying anr' appropriating at and upon the peti- tion of two thirds or upwards of the freeholders and householders resident in any particular street, square, alley or lane of such town, such sum or sums of money as may be necessary to defray the expense of sweeping and watering such street, square, alley or lane by means of a special rate to be assessed equally on the whole rateable property in such street, square, alley or lane. ■.A imed in the said if such Town had of any such Town for the different duties and liabili- inieipality of any le Mayor of such ke powers, duties eof as the Town- jhall have within 1 of each of the the authority of xake By-laws for such Town j for and Houses of igantfestablish- ' Work-house or 1 for such Town ; wooden buildings leem necessary, of not less than istance of such r building there- may be deemed 1, if necessary, ith gas, oil or rk required for of real property T or about their rk and fixtures very Stables, >ther Carriages ofpayorhire nting runners, soliciting and ige or vehicle; operty in any nprovements, efray the ex- agging, posts immediately the time and aid. pon the peti- ders resident such sum or of sweeping of a special such street, ^4 f INCORPORATED CITIES. Seventhly. For borrowing under the restriction and upon the security hereinafter mentioned^ all such sums of money as shall or may bo ne- cessary for the execution of any town work within their jurisdiction and the scope of the authority by this Act conferred upon them. Eighthly. For raising, levying and appropriating such moneys as may be required for all or any of the purposes aforesaid by means of a rate to be assessed equally on the whole rateable property in such Town according to any law which shall be in force in Upper Canada concern- ing rates and assessments. Ninthly. For making all such laws as may be necessary and proper for carrying into execution the powers herein vested or hereinafter to be vested in tne Corporation of such Town or in any department or office thereof, for the peace, welfare, safety and good government of such Town as they may from time to time deem expedient, such laws not being repugnant to this or any other Act of tne Parliament of this Province, or of the Parliament of Upper Canada, or to the general laws of that part of this Province : Provided always nevertheless, firstly, that no person shall be subject to be fined more than five pounus, exclusive of costs, or to be imprisoned more than thirty days, for the breach of any By-law or regulation of such Town : And provided also, secondly, that no person shall be compelled to pay a greater fine than twenty pounds for refusing or neglecting to perform the duties of any Municipal office when duly elected or appointed thereto. Tenthly. For the repeal, alteration, or amendment, from time to time, of all or any of such By-law or By-laws, and the making others in lieu thereof, as to them may seem expedient for the good of the inhabitants of such Town. VI. CITIES. LXXXII. And be it enacted, That the inhabitants of each of the Cities mentioned in the Schedule to this Act annexed marked C, and intituled ** Cities," and the inhabitants of all such Towns in Upper- Canada as shall from time to time, be erected into Cities by and under any Proclamation to be issued in that behalf under this Act, shall be Bodies Corporate with all the powers, privileges and immunities, duties and liabilities of the incorporated inhabitants of Towns as aforesaid, ex- cept in so far as such powers may be hereby increased, lessened or otherwise modified, and such powers shall be exercised by, through, and in the name of the Mayor, Aldermen and Commonalty of each of such Cities respectively. LXXXIII. And be it enacted. That for every Ward within the limits of any such Chy, there shall be chosen by the male resident freeholders and householders of smrh Ward, one Alderman and two Councillors for such Ward, for which purpose copies of the Colbctor's Rolls shall be fnrnished, verified and procured by the like persons and within the like times as is hereinbefore provided with respect to Towns ; and the Com- mon Council of each such City shall be formed of such Aldermen and Councillors in the same manner as the Town Council of any such Town shall have in and with regard to the same, and all the rules, regulations provisions and enactments contained in this Act, as applied to Incorpo- rated Towns, by way of reference to those provided for Incorporated Villages or otherwise, shall apply to each of the said Cities : Provided always, firstly, that the Mayor of every such City shall be elected from among the Aldermen thereof ; and provided always, secondly, that no person shall be qualified to be elected an Alderman for any such Ward who shall not at the time of the Election be seized, to his own use, of Real Estate held by him in fee simple, or in freehold, within the City for which he is elected or the liberties thereof, of the assessed value of 31 Itorrovving money!. Levying iiioneji. Mnkinn By-lavvs Tor carrying into execution powers lieteiii vested, &c. rrovi»:o ns to flnos, for lireach of By-laws. For refusing office. Repealing or amending of By-law*. Inhabitants of Cities mentioned in Schedule C &c., incorpor- ated. Corporate powers. How exercised. Election of one Alderman and two Councillora for each Ward : copies of Collec- tor's rolls to be furnished, Sec, as in Towns. Proviso: Mayor 10 be elected from among Alder- men. Proviso : qualifi- cation of Alder- men. 82 INCORPORATED CITIES. rrovidO : qiinlifi- CHtiOII of Coiiii- cillurH. Qunliflcntion of cleciors. FrovUion with reHiicct to iliu erection oi' iii- corpdrateil Towiiit into CiticM, oil certain coiiditiontj. N>'w (liviiiiou into Wards. First election, as a City. Kach iiicorporu- tcJ Ciiy to he a Coiiiily of itself for certain pur- poses. I'roviso : not to tueveiit County Municipal Coun- cils to liold (heir sittings in Cities, Sec. ,':!■ i Jusiticc of the Peace of the County to have no juriiiiliction within City. Proviso: Quarter Sessions of the i;oumy may be held iiiCiiy. fivo hundred pounds, or unlens he shall be a Tenant from year to year, or for a term of years, of Real Property vrithin such City or the liberties thereof, at a bond fide rciiial of si.xty pounds per annum or upwards, or shall be in the receipt of sixty pounds or upwards, of yearly rent or f)ront accruing from or out of Real Property within such City or the iburties thereof; and provided always, thirdly, that no person shall be qualified to be elected a Councillor tor any such Ward, who shall not, at the timo of his Election, be in like manner seized to his own use of like Real Estate, to the value of three hundred pounds, or unless he shall bo a Tenant from year to year or for a term of years, of Real Properly within such City or the liberties thereof, at a bona fide rental of thirty pounds per annum or upwards, or shall bo in the receipt of thirty pounds or upwards of yearly rent or profit accruing from or out of Real Property within such City or the liberties thereof; and provided always, fourthly and lastly, that the Aldermen and Councillors aforesaid, shall be chosen by the male inhabitants being either freeholders or householders who bhall bo entered on such Roll and who shall continue to reside within such Ward at the time of the Election, and who shall appear upon tho said Roll to have been assessed either as Proprietors or Tenants for a house or for land, or for both, to the val uo of iifty pounds, and by none other LXXXIV. And be it enacted, That whenever any of the 8a,'.C Towns incorporated, or to be incorporated as aforesaid, shall be found by the census returns to contain moie than fifteen thousand inhabitants, then, on petition from the Town Council of such Town, it shall and may be lawful for the Governor of this Province, by an Order in Council, to issue a Proclamation unilerthe Great Seal of the Province, erecting such Town into a City, setting forth the boundaries of such City and of the liberties thereof respectively, with the portions of the liberties to bo attached to each of such Wards respectively, and including within such boundaries any portion of the Township or Townships adjacent, which from the proximity of streets or buildings therein, oi the probable future exigencies of such City, it may appear desirable ^.i the opinion of the Governor in Council should be attached to such City or the liberties thereof; and to make new divisions of such City into Wards, in like manner as is provided in the case of the said Towns ; and the first elec- tion in such place as a City shall take place on the first Monday of the month of January next, after the end oi three calendar months from the teste of such Proclamation. • LXXXV. And be it enacted, That each of the Cities which shall be or remain incorporated as such under the authority of this Act, with the libeities thereof, shall, fur all Municipal purposes, and such Judicial purposes as are herein or hereby specially provided for, but no other, be a County of itself : Provided always, nevertheless, that nothing herein contained shall prevent the Municipal Council of the County within or on the borders of the territorial limits whereof such County of a City shall lie, to hold their sittings, keep their public offices, and transact all their business and that of their ofhcers and servants within the limits of such City or the liberties thereof, and to purchase and hold all such real property within such limits as may be necessary or convenient for such purposes or any of them. LXXXVI. And be it enacted, That the Justices of the Peace in and for the County within or on the borders of which such City shall lie, shall as such neither have nor exercise any jurisdiction over offences committed within such City or the liberties thereof ; any law or usage to the contrary thereof notwithstanding : Provided always, nevertheless firstly, that nothing herein contained shall be construed to prevent the General or Adjourned Quarter Sessions of the Peace for such County 1 year to year, or or the liberties 1 or upwards, or f yearly rent or ich City or the person shall be I, who shall not, his own use of ir unless he shall f Real Properly rental of thirty of thirty poundls >f Keal Property ilways, fourthly shall be chosen useholders who resido within ppear upon tho r Tenants for a d by none other the sa^' Towns B fouiici by the labirants, then, .11 and may be in Council, to >, erecting such -ity and of the liberties to bo ng within such Ijacent, which irobable future opinion of tho the liberties Vards, in like the first elec- ondav of the mths from the lich shall be Act, with the uch Judicial no other, be tiing herein ity within or nty of a City d transact all tlie limits of all such real lent for such eace in and ty shall lie, ver offences w or usage levertheless prevent the ich County INCORPORATED CITIES. being held within tho limits of such City or tho liberties thereof, and having and exercising all tho jurisdiction and authority necessarily inci- dent to the power of holding such Sessions ; And provided always also, secondly, that nothing herein shall prevent or bo construed to prevent the endorsement of Warrants as now provided for by law, nor to alter or interfere with tho eflect of such endorsement. LXXXVII. And bo it enacted. That from the time of the erection of any Town into a City, any and every Commission of the Peace that if may have been issued for such Town shall cease and determine. LXXXVIII. And be it enacted. That there shall be in and for each of the Cities which shall be or remain incorporated as such under the au- thority of this Act, besides a Chief Constable, as provided with respect to incorporated Towns as aforesaid, one Hign Bailiff, who shall be ap- pointed annually by the Corporation of such City. LXXXIX. And be it enacted, That it shall and may be lawful for the Corporation of any City which shall be or remain incorporated under authority of this Act, by act of Common Council, from time to time, as it may seem expedient, to erect any part of the liberties contiguous to such City, as their boundaries shall be at the time, into one or more outer Wards ; and may from time to time, as it may seem expedient, alter and vary the boundaries of such outer Wards, or any oi them, before they shall be annexed to the said City, as hereinafter provided. XC. And be it enacted, That so soon as it shall appear by the census of any such City, that anyone of its outer Wards contains as many inhabitants as by the census first taken after the passing of this Act, or after the erection of such City, as the case may be, shall be found to be contained in the least populous of the Wards erected by this Act, or by the Proclamation erecting such City, and by the general Assessment Rolls of such City, that such outer Ward contains as much assessed properly as by the first Assessment of the said City made after the pass- ing of this Act, or after the issuing of such Proclamation as aforesaid, shall be found to be contained in the least wealthy of the Wards erectecl by this Act or by such Proclamation, it shall and may be lawful for the Mayor of such City, for the time being, and he is hereby required forth- with to issue a Proclamation, under the Seal of the said City, setting forth the same, and annexing such Ward to such City, calling it by such name as the Common Council thereof shall think fit. XCI. And be it enacted, That from the date of any such last men- tioned Proclamation, such Ward shall cease to be a part of the liberties, and shall from thenceforth constitute a Ward of such City, and have incident to it, and its inhabitants every thing by this Act or any future Act of Parliament, or any act of Common Council, incident to the Wards of such City, or the inhabitants thereof in general, and every such Act shall extend to such Ward as it does or shall to the other Wards of such City in general ; Provided always, that no Election for Charter Officers for any such Ward, shall take place until the general Election for such officers next ensuing the issuing of any such last mentioned Proclamation. XCII. And be it enacted. That the Gaol, Court House and House of Correction of the County within the limits or on the borders of which any such City shall be situate, shall be and continue to be the Gaol, Cud House and House of Correction of such City, as well as of such County, until such City shall by Act of Common Council otherwise direct ; and the Sheriff, Gaoler and Keeper of every such County Gaol and House of Correction shall be bound to receive and safely keep until duly dis- C 33 Provlio : with rt'ufit'ct to eniiotnfiiicnl of Worriinti). CominiMloiis of tliL' Tcnce to ccQiie on erection of a City. Chief Conntalilo mill llittli Bniliff to be aiipoiiitud. Cor|)oration may eroct iiiiy prirt of tlic libcrtiL'8 iiitu outer Wurilx, Slc. Provision for aii- ncxing nn outer Wardtottipt.'jiy, on certain con- ditions. Wlien nn outer VViiril is (iiiiioxcd it slinll cer.f-u to form purt of the liburtien. Proviso aa to elections for such Ward. Present Gnol, Court House, Sec, to continue ill such fir City and County, until otherwise provided. 34 INCORPORAT£D CITIES. A Recorder'! Court (o be ritn* lillihed for each City. Whoihnll pre- •Ide In it. Jurlidiclion of Rucorder'H Court. Four Seeslon* in each year, and when. Inhnbitnntsof City niid Liher- tie* exempted from m-rviiig on ccrt'iiii Juries after a certain date. Whoslinllhe Grand Jurors for tlie Recorder's Coiirtii, nnd liovv summoned. Petit Jurors to be BUinnioiied liy Higti Uaiiitfs. Wlio shnll he Grnnd and Petit Jurori. Authority of Grand Juries. chArged, all persons committed thereto by any competent power or authority of such City. XCnr. And bo it enacted, That besides a Police Officer and Polioo Magistrate, as provided with respect to Incorporated Towns as aforesaid, and which shall have the like duties and powers in all respects in such (•ity and the liberties thereof as is heroin provided with respect to tho Police Otiiuers and Magistrates for incorporated Towns as aforesaid, there shall moreover be a Court of Record in each of the Cities, which shall be or remain incorporated as such under the authority of this Act, which Court shall be called the Recorder's Court of such City, and wherein the Recorder for the time being shall preside, assisted by one or more of the Aldermen of such City, or in the absence of such Recorder fi'om sickness or other causes, or when there shall be no Recorder, the Mayor or one of the Aldermen of such City, to be elected by the Alder- men from among themselves, shall preside ; and that such Court shall in all cases possess the like powers and have the like jurisdiction as to crimes, ofTenoe.s and misdemeanors committed in such City and the liberties thereof as the Courts of Quarter Sessions of the Peace now have or hereafter may have by Law in Upper-Canada, as to crimes, otTences and misdemeanors committed within their local jurisdiction, as well as in all those matters of civil concern not belonging to the ordinary juris- diction of a Court of Justice, as have been or may hereafter be by Law vested in such Courts of Quarter Sessions of the Peace. XCIV. And be it enacted, That tho said Recorder's Court shall hold four Sessions in each year, which Sessions shall commence on the second Monday in the months of January, April, July and October in each year. XCV. And be it enacted. That the inhabitants of every such City erected or to be erected under the authority of this Act, and of the liber- ties thereof, at all times after the passing of this Act, or after the first day of January ne.vt after the end ot the three calendar months from the teste of the Proclamation erecting such City, as the case may be, shall be exempt from serving on Juries at any other than the City Courts and the Courts of Assize and Nisi Prius, Oyer and Terminer and General Gaol delivery for the County within the limits or on the borders of which such City shall be situate. XCVI. And be it enacted. That the Grand Juiies of such Recorder's Courts shall consist of twenty-four persons to be summoned by the High Bailitls of each of the said Cities, under precepts signed by the Record- ers or Aldermen elected to sit for such Recorders, in the same manner as Grand Juries of the Quarter Sessions aie now or hereafter may be by law summoned by the different Sheriffs in Upper Canada. XCVII. And be it enacted. That the Panels of the Petit Jurors for such Courts shall consist of not less than thirty-six nor more than sixty Jurors to be summoned by the High Bailiffs of each of the said Cities, under precepts signed by the Recorders or Aldermen elected to sit for such Recorders in the same manner as Petit Jurors of the Quarter Ses- sions now are or hereafter may be by law summoned by the different Sheriffs in Upper Canada. XCVin. And be it enacted, That sue) i porsons only residing in the said Cities or the liberties thereof, shall bu .sii imoned to compose the Giand and Petit Jurors of such Recorder's Co irts as are at present or hereafter may be liable to be summoned as Grand and Petit Jurors respectively, in any Court of Upper Canada. XCIX. And be it enacted. That the respective Grand Juries shall have all the power and authority over offences committed in the said INCORPORATED CITIES. 36 npetont power or )fficer and Polioo owns as aforesaid, I rcApects in such 'ilh respocl to tho wns as aforei«aid, the Cities, which lority of this Act, )fflnch City, and r, assisted by one 5 of such Recorder ) no Recorder, the ted by tho Alder- ; puoh Court flhaJI I jurisdiction as to uch City and the i Peace now have • crimes, otFences ction, as well as le ordinary juris- eafter be by Law Court shall hold ammence on the d October in each 3verv such City and of theliber- or after the first months from the |e may be, shall City Courts and er and General orders of which e without lenve, to vacate the office. Vacancy how filled. Resignation of Heacted, That nothing in this Act contained, shall prevent any person from being appointed Assessor or Collector for more than one Ward in any City or Town. ("XXXV. And be it enacted, That each and every Justice of the Peace for any of the isaid Towns shall be qualified in the same amount of property, and shall take the same oaths as are required of other Jus- liceeiofthe Peace. But no Warden of any County, Mayor, Recorder, Police Magistrate, or Alderman of any City, Mayor or Police Magistrate of any Town, or Townreeve of any Township" or Village, shail require any property qualification to enable him lawfully to act as a Justice of the Peace, nor shall any other oath be required of him than his oath of oflice as such Warden, Mayor, Recorder, Police Magistrate, Alderman, or Townreeve, and the oath of qualification for such office ; any law to the contrary notwithstanding. CXXXVI. And be it enacted. That one or more Coroners shall and may be appointed for every Cjty and Town that shall be or continue incorporated as such under the authority of this Act. CXXXVII. And be it enacted. That the Police Trustees of every unincorporated Police Village, and the Members ot the Municipal Corporation of every Incorporated Village,and of every Township, Town and City in Upper Canada, shall be Health Officers within the jurisdic- tion of such Police Villages or Municipal Coiporations, within and under the provisions of the Act of the Parliament of the late Province of Upper Canada, passed in the fifth year of the reign of His 1 ite Majesty King William the Fourth, intituled, An Jet top'omote the Public Health, am to guard against infectious diseases in this Province, and under any Act that may be hereafter passed in the present or any future Session of the Parliament of this Province for che like purpose : Provided always, nevertheless, that the Municipal Corporation of any of such Townships, Villages, Towns or Cities shall and may by a By-law to be passed for that purpose, delegate the powers hereby conferred upon them, either to a Committee of their own Members, or to some of their own Members and others, or wholly to persons who are not Members of such Corpora- tion, as in their discretion they shall think best. CXXXVIII. And be it enacted. That the places already established by competent authority as markets or market places in the several Villages, Towns and Cities in Upper Canada, shall be and remain markets and market places with all the privileges attached thereto until otherwise directed by competent authority in that behalf, and all market reservations or appropriations which by Act of Parliament or otherwise shall have been and shall then continue vested in the Municipal author- ity of any such Village, Town or City, or in Trustees for their use and benefit at the time this Act shall come into force, shall be and the same are hereby vested in the Municipal Corporation of such Village, Town or City erected under this Act. CXXXIX. And be it enacted, That notwithstanding any thing herein contained, it shall and may be lawful for the Municipal Corporation of any Town or City to purchase, have and hold, and at their pleasure to sell, dispose of and convey such landed property beyond the limits of such Town or City and the Liberties thereof as shall or may, in their judgment, be necessary for the purpose of an Industrial Farm for such Town or City, which Industrial Farm with all the buildings, erections and improvements so to be purchased as aforesaid, shall, with regard to jurisdiction onlyi be deemed and taken to be within the limits m such 9. cient to qualify him age, or the Town or his Act contained, Bfior or Collector for ery Justice of the ti the same amount uired of other Jus- Mayor, Recorder, r Police Magistrate lage, shall require act as a Justice of m than his oath of istrate, Alderman, )ffice ; any law to 'oroners shall and 11 be or continue frustees of every t the Municipal Township, Town thin the juri^dic- within and under rovince of Upper le Majesty King ^ublic Health, and 1 under any Act ■e Session of the ovided always, uch Townships, to be passed for them, either to own Members such Corpora- dy established in the several )e and remain 5d thereto until and all market it or otherwise licipalauthor- their use and f and the same 'illage, Town thing herein brporalion of r pleasure to the limits of »ay, in their rm for such ?8, erections th regard to lita of such 1 MISCELLANEOUS PROVISIONS. Jown in the case of Towns, and within the Liberties of such City, in the case of Cities, and within the jurisdiction of such Town or City for all Buch purposes. CXL. And be it enacted. That it shall and mav be lawful for the mMayor, Recorder, Police Magistrate, or any two Aldermen or Justices of •^he Peace for any Town or City erected or to be erected under the ^authority of this Act, to commit to hard labour at, or send to such Indus- trial Farm, under such regulations as shall be established for the government thereof, any or such description of persons as may by the „ By-laws of the Corporation of such Town or City, from time to time, be -kdopted or declared expedient or necessary. CXLI. And be it enacted. That notwithstanding any thing hereinbe- fore contained, it shall and may be lawful for the Municipal Corporation >«f any Village, Town or City to purchase^ have and hold such an I so fjruch real property lying as well beyond as within the limits of such rVillage, Town or City, or the Liberties thereof, as in their judgment i shall or may from time to time be or become necessary for the purpose "j of one or more public Cemeteries for the interment of the dead : Provided i always nevertheless, firstly, that the title to every such Cemetery shall ■be obtained or accepted by such Municipal Corporation under the authority of a By-law of such Corporation to be passed for that purpose, in which By-law such property snail in express tenns be appropriated for the purpose of such Cemetery, and no other : And provided also, .secondly, that it shall not be in the power of any such Municipal Cor- poration, at any time thereafter, to repeal any such By-law, or to make or suffer to be made any other use of the property sooblained or accepted ' than for the purpose of such Cemetery : And provided also, thirdly, that every such Cemetery, although lying beyond the limits of such Village Town or City as settled by this or any other Act of Parliament, or by any Proclamation to be issued under the authority of the same, shall, from the time that the title shall become vested io such Corporation, cease to ' be a part of the Township within which it shall lie, and shall become and be a part of such Village, Town or City to all intents and purposes as if such Cemetery lay within the limits of such Village, Town or City as settled by such Act or Proclamation. CXLII. And be it enacted, That notwithstanu.ng any thing herein contained, it shall and may be lawful for the Municipal Corporation of any Village, Town or City, to purchase, have and hold, and at their pleasure to sell, dispose of and convey such landed property as well V beyond as within the limits of such Village, Town or City or the Liber- ties thereof, as shall or may in their judgment be necessary for the purpose of one or more magazines for the deposit and safe keeping of gunpowder, so as to prevent danger therefrom to any such Village, Town or City. CXLIII. An J be it enacted, That every Municipal Corporation erected or to be erected under the authority of this Act, at the first meeting of such Corporation in each year next after the Head of such Municipal Cor poration for such year shall have been elected and sworn into office, shall appoint two persons to be and to be called Auditors of such Corporation, one of whom shall be appoiiited on the nomination of the Head of such Corporation, and the other in the same manner as other Municipal Officers are appointed : Provided always, firstly, that no person shall be appointed such Auditor who shall be a Member of such Corporation or the Clerk or Treasurer thereof, or who shall have been such Member. Clerk or Treasurer for the preceding, year, nor any person who then shall have had for such preceding year, or shall then have directly or indirectly by himself or in conjunction with any other person, any share cr interest 43 Mnyor, &c.,inny coiiitiiit to hnrd Intiotir on Indus- trial Farma. Corporation! tntiy purchase rrnl property for cemetcrica. Proviso ; the title to cemetery to lie obtained under a Dy-law. Proviso; no Buch By-law to be rcpeeled, ltd Proviso : aucti ceinticries tho' outof the Town, Sec, to lie deemed part thereof, Sec. Corporations of Citifisi, &.C.. may purchase pro- (lerty beyond tho limits of such citic?, Sec., for powdcrmaga- ziiics. Two Auditors to he appointed by every Munici- pal Corporation. Proviso : who shall not be appointed Auditors, Proviso: Audi- tors to talce an oath. 44 I The oath. Auditors to cxAiniiie all accounts asolnBt or concerning Corporation. To publish a statement of expenditures and liabilities of Corporation. And Ale a dupli- cate report thereon with the Clerk of the C6r|X)ration. Governor in Council to regu- late ferries over which this Act does not confer Juriediction upon Municipal Councils &c. Writ of Sum- mons in nature of guo warranto to issue for tha trial of contro- verted elections. Security. MUNICIPAL CORPORATIONS. in any contract or employment with, by or on behalf of such Corporation ; And provided also, secondly, that no person appointed an Auditor for such Corporation shall be capable of acting as such, until he shall have previously made and subscribed before the Head of such Corporation, an oath or amrmation in the words or to the effect following, that is to say : " I, A. B., having been appointed to the office of Auditor for the " IVtunicipal Corporation of do hereby promise and s'xrear, " that I will faittifully perform the duties of such office according to the '' best of my judgment and ability ; and I do swear and declare, that I '^had not directly or indirectly any share or interest whatever in any "contractor employment with, by, or on behalf of such Municipal Cor- " poratlon during the year preceding my appointment, and that I have ** not any contract or employment for the present year. So help me God." CXLIV. And be it enacted, That it shall be the duty of such Auditors to examine, settle and allow or report upon all accounts which may be chargeable upon or may concern such Corporation, and which may relate to any matter or thing under the control of* or within the jurisdic- tion of such Corporation for the year ending on the thirty-first day of December preceding their appointment as such Auditors ; and to publish a detailed statement of the receipts and expenditures and liabilities of such Corporation in two newspapers published within the jurisdiction thereof, or in those nearest thereto ; and to file their report thereon in duplicate in the Office of the Clerk of such Municipal Corporation, which they shall do in at least one month after their appointment, and from thenceforth one of such duplicate reports shall at all seasonable hours bo open to the inspection of any inhabitant of such Township, County, Village, Town or City, with power to take by himself, or his clerk or agent, but at his own expense, a copy or copies or an extract or extracts from the same at his pleasure. CXLV. And be it enacted, That as'to all ferries over which jurisdic- tion is not by this Act confeired either upon the Municipal Council uf some County or the Common Council of some City, and in all cases in which such jurisdiction is hereby conferred, but in which no By-law shall have been passed by such Municipal Councilor Common Council, and assented to as hereinbefore provided, for the regulations of such ferry, and until such By-law shall be passed and assented to as afore- said, it shall and may be lawful for the Governor of this Province, in Council, from time to time, to regulate such ferries, and to establish the rates of pay or hire to be taken by the owners or conductors of the boats or vessels employed on such ferries. CXLVI. And be it enacted. That al the instance of any relator having an interest as a candidate or voter in any election to be held under the authority of this Act, a Writ of Summons, in the nature of a quo warranto f shall lie to try the validity of such election, which Writ shall issue out of Her Majesty's Court of Queen's Bench for Upper Canada, upon an order of that Court in term time, or upon the fiat of a Judge thereof in vacation, upon such relator, shewing upon affidavit to such Court or Judge reasonable grounds for supposing that such election was not conducted according to law, or that the party elected or returned thereat, was not duly or legally elected or returned. And upon such relator entering into a recognizance before the said Court or any Judge thereof, or before any Commissioner, for taking bail in such Court, him self in the sum of fifty pounds, and two sureties to be allowed as sufficient upon affidavit, by such Court or Judge, in the sums of twenty- five pounds each, conditioned to prosecute with effect the Writ to be issued upon such order or fiat, and to pay to the party against whom the same shall be brought, his executors or administrators, all such costs as k. he MISCE^LLANEOUS PROVISIONS. a shall be adjudged to such party against him the said relator, thereupon such Writ shall be issued accordingly: and the said Writ shall be returnable upon the eighth day after that on which it shall be served on such party by the delivery of a copy thereof to him personally, or in the manner hereinafter provided for before some one of the Judges of the said Court at Chambers, which Judge shall have power, upon proof by affidavit of such personal or other service. ..• he is hereby required to proceed in a summary manner upon stalomeut and answer, and without formal pleadings, to hear and determine the validity of such election, and to award costs against the relator or defendant upon such -Writ as he shall deem just. CXLVII. And be it enacted, That on the first day on which such Court shall sitafter such judgment shall be given by such Judge, whether such day shall be in the same or the following Term, the said Judge shall deliver such Writ and judgment with alF things had before him touching the same into such Court, there to remain of record as a judg- ment of^he said Court, as other judgments rendered therein, and such judgment shall thereupon be enforced by peremptory Mandamuo and by such Writs of Execution for the costs awarded by such judgment as occasion shall or may require. CXLVIII. And be it enacted. That in case the party aaainst whom such Writ of Summons shall be brought, shall keep out oT the way to avoid personal service thereof on him as aforesaid, it shall and may be lawful for the Judge before whom the same is returnable, upon being satisfied thereof upon afhdavit, to make an order for the service of such Writ either by the leaving a copy thereof at the dwelling-house of such party with his wife or other grown-up person there, or in any other manner that such Judge shall deem the ends of justice to require accord- ing to the circumstances laid before him upon affidavit for that purpose, and upon service of such Writ being made according to such order and proof thereof by affidavit, it shall be lawful for such Judge and he in nereby required to proceed thereupon as if the said Writ of Summons had been served personally on the party. CXLIX. And be it enacted, That where two or more of such Writs be brought to try the validity of the same election, all such Writs after the first shall be made returnable before the same Judge before whom such first writ shall have been made, returnable, and such Judge shall proceed upon such Writs by giving separate judgments upon each, or one judgment upon all, as the justice of the case may in his opinion require. CL. And be it enacted. That it shall be lawful for every such Judge to cause the Collector's Rolls, Poll Books and any other Records of such Election to be brought before him by Certiorari, and upon the trial of the validity of such election upon any such Writ, such Judge shall enquire into the facts to be established by personal evidence either by affidavit or affirmation, or by oral testimony taken before him as at Nisi Prius, or by issues to be framed by him for that purpose, and to be sent to be tried by Jur^ by Writ of Trial to be directed to such Inferior Court of Civil Jurisdiction as shall be named by such Judge for that purpose, not however being one having jurisdiction in or over the locality for which such election shall have been held, or by one or more of those methods of enquiry as such Judge shall deem the ends of justice to require. CLI. And be it enacted, ThatnoMiTuiamixsorother Writ of Execution shall issue upon any such judgment until the same shall have been in the possession of the Court for four days in term time, one of such days being that on which the same shall have been so delivered in as afore- said, nor while any rule shall be pending for the reversal or alteration of such judgment by such Court as hereinafter provided. Return of WrU aiiit proceeding! thereon. Coilri. On first Court day nfter Judg- ment Judge shnll deliver Writ and Judgment into Court, and the same dhiill be enrorceJ by per- emptory lUanda- mua tec. How lervicc of the Writ may bo made when tlie party Itecpii out of the way. Proviiion when several Writs issue to try tlie same election, Judgejnay cause Colleffor's Rolls, Poll Books, &c., to be brought before him by certiorari, and ascertain facts by evidence. Ice. Execution not to issue till four days in term time after judg- ment. ' <■ 46 MUNICIPAL CORPOaATIONS. Jurlgmenti to be exanilnnble in term time on application mnde within four day*. Court of Q. B. to ■ettle forma of Wriu of Sum- mon!, practice, Provlklon when there l« no pro- per Officer to hold an election. Provlto. Parties interest- ed niav require of Town Clerks, &c., co|iiea of By-laws on pay- ing II reasQuabie fee iherefoW Court of Q B. niny be moved to quash any By- law. Proceedings thereon. Provision as to actions for tilings CLII. And be it enacted, That every such preliminary judgment, so to be given by any such Judge as aforesaid, shall be examinable by such Court in term time, on an application for that purpose made within 8uch four days, either oy the party against whom such preliminary j)' Igment was given, or by any other parly interested either as Voter or V andidate in such election, and the same may be thereupon reversed, altered or affirmed by such Court either with or without costs to be paid by the party against whom the decision of the Court upon such appli- cation shall be given, as in the judgment of such Court the Law of the Land shall require. CLHL Ami be it enacted. That it shall and may be lawful for Her Majesty's said Court of Queen's Bench for Upper Canada, by any rule or rules to be by such Court made for that purpose in term time, to settle the forms of such Writs of Summons, Certiorari, Mandamus and execu- tion as aforesaid, and to regulate the practice respecting the suing out service and execution of such Writs, and the punishment of those guilty of contempt in disobeying the same, and also {generally for the regula- lation of the practice as well at Chambers as in Banc, in hearing and determining the validity of such elections as aforesaid, and the allow- ance of costs thereupon, and also from time to time by any new rule or rules to be made as aforesaid, to rescind, alter or amend such rule or rules or make others in lieu thereof, in like manner as they are now by Law empowered to do for the regulation of the practice of the Court in matters within its ordinary jurisdiction. CLIV. And be it enacted. That if the person whose duty it shall be, according to the provisions of this Act, or by virtue of any appointment made under it, to hold any election under the authority of the samt, shall be absent at the time appointed for any such election, or if there shall be no such person, or such person be dead, it shall be lawful for the persons then and there assembled and entitled to vote at such elec- tion, to appoint from amongst themselves a Returning OfHcer, who shall forthwith proceed to hold such election in lieu of such other first mentioned person : Provided always, nevertheless, that the appointment of such substituted Returning Officer shall not be .made until at least one hour after the hour appointed by lawful authority for commencing the proceedings at such election. CLV. And be it enacted. That it shall be lawful and competent to and for any resident of any Township, Village, Town, City or County in Upper Canada aforesaid, in which any By-laws shall be passed, or for any other person having an interest in the provisions of such By-law, to apply by himself, or by his Attorney, for a certified copy of such By- law, and the Township, Town, Village, County or City Clerk shall, upon such application and upon payment to him of his fee therefor, within a reasonable time, furnish a copy of such By-law certified under his Hand and the Seal of the Municipal Corporation of which he is the Officer, and the Court of Queen's Bench lor Upper 'Canada maybe moved, upon production of such copy, and upon affidavit that the same is the copy received from such Township, Town, Village, County or City Clerk, to quash such By-law ; and if it shall appear to the said Court, that such By-law is in the whole or in part illegal, it shall and may be lawful wpon proof of service of a rule upon the Corporation, to shew cause, within not less than eight days after such service, why such By-law should not be quashed in the whole or in part, to order such By-law to be quashed in the whole or in part: and if it shall appear to the said Court that such By-law is legal, in the whole or in the part complained of, lo award costs in favour of the Corporation, or otherwise against such Corporation ; and that no action shall be sustained for or by reason of any thing authorized to be done under any such By- MISCELLANEOUS PROVISIONS. 47 law, unless such By-law or the part thereof under which the same shall be done, shall be quashed in manner aforesaid one calendar month pre- viously to the bringing such action ; and if such Corporation, or any person sued for acting under such By-law, shall cause amends to be tendered to the Plaintiff or his Attornevt and upon such tender being pleaded, no more than the amends tendered shall be recovered, it shall and may be lawful for the said Court to award no costs in favour of the Plaintift, and to award costs in favour of the Defendant, and to adjudge that the same shall be deducted out of the amount of the verdict. CLVI. And be it enacted. That all the By-laws of the different Muni- cipal Corporations in Upper Canada remaining unrepealed at the time this Act is appointed to come into force shall continue in force until amended, altered or repealed by some By-law or By-laws to be passed for that purpose hy the Municipal Corporation by this Act substituted for such former Municipal Corporation ; Provided always nevertheless, that the provision contained in the next preceding section of this Act, for trying the validity of By-laws to be passed by the Municipal Cor- porations erected under this Act, shall extend and apply to all such By- laws of such former Corporations, and shall and may be certified by the proper Officer of the Corporation erected under this Act, as if they had teen By-laws passed under the authority of the same ; Provided always nevertheless, that nothing herein contained shall extend or be construed to extend to confirm or render valid any By-law which would not have been valid had this Act not been passed. CLVII. And be it enacted, That each and every Returning Officer who shall hold.'any election under this Act, shall, during such election, act as a Conservator of the Peace for the County in which such election shall be holden, and he or any Justice of the Peace for such County, or for the Town or v'ity in which such election shall be holden, shall and may arrest or cause to be arrested, and may try summarily, imprison or bind over to keep the peace or for trial, or cause to be summari ly punished by fine or imprisonment, or both, any riotous or disorderly person or persons who shall assault, beat, molest or threaten any voter or elector coming to or going from such election ; and when thereunto required, all Constables and other persons present at such election, are enjoined to be assisting such Returning Officer and such Justice or Justices of the Peace, on pain of being held guilty of a misdemeanor ; and such Return- ing Officer or such Justice or Justices shall and may, when he or they consider it necessary, appoint and swear in any number of Special Constables to assist in preserving the peace and order at such election. CLVIII. And be it enacted, That any person liable to serve the office of.Constable, and so required to be sworn in as Special Constable by any such Returing Officer, shall, if he shall refuse to be sworn in as such, be liable to a penalty of five pounds currency, to be recovered to his own use in any Court of competent jurisdiction, by him who will sue for the same. CLIX. And be it enacted, That each election to be held under this Act shall commence at the hour of eleven of the clock in the forenoon of the day for which such election is appointed, and may be held until the hour of four of the clock in the afternoon of the same day, and may then be adjourned until ten of the clock in the forenoon of the next day and continue until four of the clock in the afternoon of such second day| unless the Returning Officer shall see that all the electors intending to vote have had a fair opportunity of being polled, and one full hour at one time shall have elapsed, and no qualified elector shall, during such time, give or tender his vote, free access being allowed to electors for such done under Dy- lawi. Amends may b« tendered. Savins of preient Uy-lHwtofexlit- iiitl Cor|iorntiona until repealed Provlio : nem prcceiliiiEt section to apply to (hem. FrovlM. Ri'turning Officers to act ns Coniervntori of the Peace duf ing election!. Constables, fcc, to a:ll isBue for a now election. Proviao: the Cor- poration may im- mediately pro- ceed to butinesB. Vacancies in Municipal Cor- ))oration8 how to be filled. Proviso as to terms of office. As to notice of Biwcial elections. purpose, ill wliioh caao ho may close the elootion at four o'clock of the lirnt (lay, or at any timu bufoio that hour on the second day. CLX. And be it onactod, That the Returning Officer at oach of the said elections at which a poll shall be called for, shall keep a poll book, in which he, or his sworn Poll Clerk shall enter in separate columns the names of oach of tho persons proposed and secoiidoci as candidates by any electors present at such election ; and opposite to such columns, he shall write the names of the several electors offering to vote at such election, and in the respective columns in which are entered the name of the candidate voted tor by each voter, he shall set the number one, and at the close of the poll such. Returning Officer shall add up the num- ber of voters for each candidate set dewn in their respective columns, and he shall declare which of the said candidates have the highest num- ber of votes, beginning with the one having the greatest number, and so on until the whole number of candidates to be elected at such election, having a greater number of votes in favor of each respectively than the remaining candidates shall appear, and he shall puolicly declare the requisite number of candidates duly elected ; and if any two or more candidates shall appear to have an equal number of votes, b]' reason of which equal number the election appears undecided, the Returning OfHcer, whether otherwise (qualified or not, shall give a vote for one or more of the candidates having etiual numbers, so as to decide the elec- tion ; Provided always, that no Returning Ofiicer under this Act shall vote at any election which it shall be his duty to hold, except in the case of such equality of votes as aforesaid. CTiXI. And be it enacted. That after the close of any such election, the Returning O'^icer shall leturn the poll book to the Township, Village, Town or City Clerk of the Township, Village, Town or City in which the election has been holden, with an affidavit or afHrmation thereto annexed, that such poll book contains a faithful and true statement of the poll, and with a certificate that certain persons, naming them, have been duly elected. CLXII. And be it enacted. That in case any of the persons so declared to be elected, shall neglect or refuse to accept ofAce, or to be sworn or affirmed into office, within the time in whicn the oath or affirmation of ofiico is required to be taken as hereinbefore provided, then the Head of such Municipal Corporation for the preceding year shall forthwith by Warrant under hi ■ hand und seal . directed to the Returning Olficer, require him to hold a new election to supply the place of sucn person, which such Returning Officer shall aecordingly do within at least eight days after the receipt of such Warrant, and the person who shall be elected upon such Warrant shall be entitled and bound to be sworn or affirmed as Councillor, in the place of the person refusing office, or neglecting or refusing to be sworn or affirmed as aforesaid : Provided always nevertheless, that the necessity for such second election shall not prevent or interfere with the immediate organization of the Municipal Corporation for the year, or their proceeding to business as if such seat were not vacant. CLXIII. And bo it enacted, That all vacancies which may occur in any of such Municipal Corporations, by death or otherwise, shall be filled by an election to be held under a Warrant directed to the Returning Officer under the hand and seal of the Head of such Municipal Corpor- ation : Provided always, that the person so appoin'ed shall hold iiia seat in such Corporation by virtue of such appointment for the residue of the term for which his immediate predecessor was elected, and no longer. CLXIV. And be it enacted. That all such Special Elections as are provided for by the two next preceding sections of this Act, shall be o'clock of th« Itions as are MISCELLANEOUS PllOVIBlONS. hold upon at least four days* public noiico to tho Gloctors under the hrxnj of the Ketuining Otficor, und |K)st»d in at luust four of the most nublio plaouii in the Township, Vilingo or Ward for which it is to bo hblu. CF^XV. And bo it enacted, That if in any year thoro shall be no election helil in any Township, Villa^o, Town or Ward, on tho appointed day, or if a roquiaite number of camlidatus shall not have bueii elected, or if there shall not be in the poll book the names of a sufricictit number of candidates to supply any deliciency arising from refue:\l of ollico. or neglect or refusal to bo sworn in, then, and in every such case, it shall und may be lawful for tho members of the Municipal Corporation in which such default of members shall occur, or if none be elected, then) for the members of such Municipal Corporation for the next precedinff year, or the majority of them respectively, and they are hereby required to supply the deficiency by appointing the whole number of Aldermen and Councillors, when the whole number shall be deficient, from amongst the qualified freeholders and householders of the Township, Village, Town or City, or by apnointing such a number of qualified freeholders and housohohlers of sucn Township, Village, Town or City as will com- plete the full number of Aldermen and Councillors for the same, and the person so appointed shall be bound to accept office, and to be sworn in, under the same penalty as if elected. CLXVI. And be it enacted. That if there shall be any vacancy or vacancies in the offices of Warden, Mayor or Townreeve, by reason of the death or removal of residence of any such officer, the respective Municipal Corporations in which such vacancy shall occur, shall and may respectively choose, from amongst their own number, a qualified person to be a Warden, Mayor, or Townreeve, as often as the case may occur. CLXVII. And be it enacted, That the Municipal Corporation in ofRce on the day of general annual municipal elections, including all Coun ■ cillors so appointed to make up deficiencies, shall hold office until their successors snail be elected or appointed and sworn into office, and the Hew Municipal Corporation shall be completed. CLXVIII. And be it enacted, That at any session or meeting of any Municipal Corporation under this Act, a majority of the whole number of those who shall by law form such Corporation, shall be a quorum for the dispatch of business ; and if the person who ought to preside at any such meeting shall be absent, it shall and may be lawful for those present to appoint from amongst themselves a Chairman to preside at such meeting, and the Chairman so appointed shall have the same functions and authority in presiding at such meeting as the person who. if present, would preside at such meeting ; and all votes, resolutions ana proceedings of such meetings shall be carried by the majority of votes of the persons composing such meeting, other than the person presiding, who, in case of an equality of votes, shall have the casting vote. CLXIX. And be it enacted, That it shall be the duty of each of such Municipal Corporations to appoint a County, City, Town, Township or Village Clerk, as the respective cases may require, who shall hold office during their pleasure, and who shall be paid by such salary as they shall appoint, to be taxed and levied upon the whole rateable property in such County, City, Town, Township, or Village respectively, according to the assessment laws then in force in Upper Canada. CLXX. And be it enacted. That it shall be the general duty of such Clerk to record in a book to be provided for that purpose, all the pro- ceedings of the Municipal Corporation of which he shall be Clerk, and to make regular entries of all resolutions and decisions, and to record the Tote of every person present entitled to vote on oveiy question sub- D 40 rrovlilon In enie of 110 eiri tloii twins IivmI on nn appointed liny. Appolnlincntof AJuernion nnd Co unci I lorn. Vacanci»'f inof- flcet ol' Wnrdon, Alnyor.&c.how to Iw fillvd un. Corporntioni in in ofllce to liold until their Hue- ceisoni are elected and BW'orn in. / mnjurityof tlio whole nuuilier of Mienitiera to forui a quorum. Temporary CImirninn incer- tai''. cases. Majority. Casting vote. County Clerks, &c., to be appointed, to be paid by salary levied upon rateable property Clerk to keep records of pro- ceedings of Cor* poration, Stc. 60 %■ A Treniurer Co be appointed for eaeliCoDiity.&c, and a Clmiiilier- lain for each City. Their salary or per centage to be levied on ratea- ble property. Security Unties of Trea Burcrs and Cham- berlaius. Clerks, &e., to hold Office until removed by Cor- poration. Books, ttc, of present District Treasurers lo be deemed chattels belonging to the diflferent Munici- pal Corporations. Punishment of OflBcers embezzl- ing or refusing to deliver the same, to the proper par- ties. >V MUNICIPAL CORPORATIONS. mitted, if required by any member present, and to preserve and file all accounts acted upon by ibe botiy to which he is Clerk, and to keep the books, records and acunuiits of such body, which fthall be open with- out fee or reward to tlte inspection of al! persons, at all seasonable times and hours. CLXXI. And be it enacted, That it shall be the duty of the Munici- pal Corporations of the respective Counties, Towns, Townships and Villages to appoint a Treasurer, and of the Municipal Corporations of the respective Cities to appoint a Chamberlain of the same respectively, who shall hold office during their pleasure, and shall be paid by such salary or per centage as tnuy shall appoint, (to be mised and levied rateably upon the whole rateable properly of such County, City, Town, Township or Village respectively, according to the assessment laws then in force in Upper Cana.ia,) and who shall give such security for thujaithful performance of the duties of his ofHce, and more especially for the due accounting for and paying over all moneys which shall come into his hands by virtue of his office, as the Municipal Corporation by which be was appointed shall direct. CLXXII. And be it enacted, That it shall be the duty of each of auch Treasurers and Chamberlains to receive and safely keep all moneys belonging to the County, City, Town, Township or Village for which he shall be appointed, and to pay out the same to such persons and in such manner as he shall be directed to do by any lawful orderof the Munici- pal Corporation thereof, or by any law in force or to be in force in Upper Canada, and strictly to conform to and obey any such law or any By-law lawfully made by any suoh Municipal Corporation, and faithfully to perform all such duties as may be assigned to him by any such law or By-law. CLXXIII. And be it enacted, That the Clerk, Treasurer and Cham- berlain so to be appointed by any Municipal Corporation as aforesaid, as well as all other officers to be appointed in like manner, and with regard to whose period of service no other provision is made by this Act or in any other law or By-law, shall hold their offices until removed therefrom by the Municipal Corporation for the time being, notwith- standing any change in the persons of whom such Municipal Corpora- tion shall be composed, occasioned by any new electiori or appoint- ment. CLXXIV. And be it enacted, That all the books of the present Dis- trict Treasurers, and all books, papers, accounts or documents of what kind soever, which shall have been kept by or shall have come into the possession of any person or officer to he appointed or employed by any Municipal Corporation, by virtue of his omce or employment, shall be deemed to be chattels belonging to such Municipal Corporation ; and all moneys or valuable securities which shall have been lawfully received or taken into his possession by virtue of his office or employment, shall be deemed to be moneys or valuable securities belonging to such Muni- cipal Corporation ; and if any such officer or person shall at any time fraudulently embezzle any such chattel, money or valuable security, (and any refusal or failure to pay over or deliver up any such chattel, money or valuable security to such Municipal Corporation, or to any officer or person by them authorised to demand the same, shall be held to be a fraudulent embezzlement thereof,) he may be indicted and pro- ceeded against, and being convicted thereof, shall be liable to be pun- ished in the same manner as any servant who having fraudulently embezzled any chattel, money or valuable security received or taken into his possession, by virtue of his employment, for and in the name VJii ou tno account of^ his master, may be indicted, proceeded against ^%, .■^•' Eind file all keep the jpen with- lable times he Munici- II ships and Kirations of ispectively, id by such and levied :;ity, Town, sment laws secarity for 1 especially 1 shall come potation by jach of such all moneys For which he and in such ihe Munici- rce in Upper any By-law faithfully to such law or and Cham- LS aforesaid, ir, and with ide by this itil removed |g, notwith- lal Corpora- or appoint- )re8ent Dis- Ints of what )me into the red by any [nt, shall be n ; and all lly received |ment, shall ^uch Muni- it any time ie security, pch chattel, or to any lall beheld pd and pro- to be pun- [audulently or taken the name led against MISCELLANEOUS PROVISIONS. and punished : Provided always, that nothing herein contained shall prevent, lessen or impeach any remedy which such Municipal Corpo- ration, or any other party may have against such offender or his sure- ties, or against any other party whomsoever ; but nevertheless, the conviction of any such offender shall not be received in evidence in any suit or action at law or in equity against him. CLXXV. And be it enacted. That the Corporation created or to be created in and for any County or union of Counties, Ciiy, Town, Town- ship or Village, by this Act, or under any provision therein contained, shall be substituted for and shall be in the place and stead of the Corpo- ration theretofore existing in and for the same County or union of Coun- ties under the name of District, City^ Town, Township, Village or place by virtue of any Act or law in force immediately before the commence- ment of this Act, and so that any suit, action, prosecution or other act, matter or thing, commenced or continued by such former Corporation, or to which it shall have been a party, shall not abate, but may be con- tinued and completed by, with or against such new Corporation, in like manner and as validly to all intents and purposes as it might have been continued or completed by, with or against such former Corporation, and so that all estates and property, real or personal, and all debts and obli- gations of any kind, tneretofore vested in or belonging to or due, or owing to or contracted in favour of such former Corporation, or the locality over which its jurisdiction shall extend, whether in the name of such Corporation or locality, or in that of some Officer thereof, and intended for the benefit of such Corporation or locality, shall thereafter be vested in and shall belong to and shall be due and owing to, and may be held, possessed and enjoyed, recovered and enforced by such new Corporation, and all debts, liabiluies and obligations of such former Corporation, of what kind soever, or in v^hat manner soever secured, shall become debts, liabilities and obligations of such new Corporation, secured and payable in like manner, and upon the same terms and con- ditions, and to be recovered and enforced if not paid or performed, in the same manner as they would have been recovered from or might have been enforced against such former Corporation or otherwise, as by this Act provided. CLXXVI. And be it enacted. That it shall be the duty of every such Municipal Corporation to take charge of any debt which may be due by the locality over which it has jurisdiction, and to direct the levy by tax upon the same, of such sum in each year as shall be necessary for the payment of the interest thereon, and as shall be sufficient to pay off the principal, according to the contracts and obligations which shall have been entered into in that behalf: and where any sura of money in the pound is by any Act of the Parliament of Upper Canada, or of this Pro- vince directed to be levied for the payment of any such debt or for any other special purpose, it shall be the duty of such Municipal Corporation, until the debt shall be paid or the purpose fully served for which such Act was passed, or until the service contemplated by such Act shall be otherwise provided for, or the Act repealed, to cause to be levied in each year upon such localhy, a sum at least equal to the highest sum whicli shall have been raised for the same purpose in any one year before the passing of this Act. CLXXVII. And be it enacted, That it shall be the duty of such Municipal Corporations respectively, to cause to be assessed and levied upon the whole rateable property in their Counties, Cities, Towns, Townships and Villages respectively, a sufficient sum of money in each year, to pay all debts incurred or which shall be incurred, with the mterest which shall fall due or become payable within the year ; and no By-Jaw hereafter to be passed for the creation of any such debt, or 61 Proviso: other remedies not to be leniened. Corporations created under this Act to be substituted for Corporations theretofore exist- ing— ond suits commenced by former Cor|)ora- tions may be continued by the new Corpora- tions, ana vice vetMO. Corporations to talce charge of debts due by local itieu under their jurisdic- tion, and provide for their pay- ment. What rates shall be levied for pay- ing such Debts, in certain cases. A sufficient sum to be levied by assefsment for pny«icntofall such debts, and interest. By-laws creating or authorizing 52 MUNICIPAL CORPORATIONS. any debt not to be valid unleas suf- ficient provision he therein made for levying moneys for the payment of such debt, within twenty years. Such By-law not lepealable. Sec. Proviso : bow nuy temporary surplusofsucli moneys may be invested. By-laws for rais- ing loans, &c., shall not be replealed or altered until the loansand inter- est thereon are fully paid. Punishment of Officers refusing to execute such By-law. Duty of Sheriffs with respect to Writs of Execu- tion against Municipal Cor- porations, if endorsed to be levied by rate. for the negociation of an)r loan, shall be valid or effectual, to bind any such Municipal Coiporation, unless a special rate per annum over and above, and in addition to all other rates whatsoever shall be settled in such By-law, to be levied in each year for the payment of the debt to be created by the loan to be negociated, nor unless such special rate phall be sufficient according to the amount of rateable property in such County, City, Town, Township, or Village, as the case may be, asshall appear by the then last assessment returns of such County, City, Town, Township or Village, to satisfy and discharge such debt, with the interest thereof, within twenty years from the passing of such By-law, and it shall not be competent to any such Municipal Coiporation, to repeal such By-law, or to discontinue such rate, until the deot so to be incurred and the interest thereon shall be fully paid and discharged ; nor to apply the proceeds thereof to any other purpose than the payment and salismction of the same ; Provided always, nevertheless, that in the event of there being any part of such special rate on hand, and which cannot be immediately applied towards the payment and satisfaction of such debt by reason of no part thereof being then payable, it shall be the duty of such Municipal Corporation, and they are hereby required to invest such money in the Government Securities of this Province, or in such other Securities as the Governor of this Province shall by order ijD Council direct or appoint, and to apply all interest or dividends to arise or be received upon the same to the like purpose, as the amount so levied by such special rate, and no other. CLXXVIII. And be it enactoJ, That any By-law by which it shall be attempted to repeal any such By-law for raising any such loan, or for the payment and satisfaction of the debt contracted for any such loar^ or to aUer any such last mentioned By-law so as to diminish the amount to be levied for the payment and satisfaction of such loan or the interest thereof, until such loan and interest shall be fully redeemed, paid and satisfied, shall be and the same is hereby declared to be absolutely null and void to all intents and purposes whatsoever, and if any of the Officers of such Municipal Corporation shall, under pretence of such pretended By-law, neglect or refuse to cairy into effect and execution the said By-law for levying the necessary moneys to redeem, satisfy and dis- charge such loan and the interest thereof, every such Officer shall be deemed guilty of a'misdemeanor, and shall be punished by fine or imprisonment, or both, at the discretion of the Court whose duty it shall be to pass the sentence of the law upon such offender. CLXXIX. And be it enacted, That it shall be the duty of every Sheriff who shall receive a Writ of Execution against any Municipal Corporation created or to be created under the authority of this Act, if such Writ shall be endorsed with a direction to such Sheriff to levy the amount thereof by rate, to deliver a copy of such Writ of Execution and endorsement to the Chamberlain or Treasurer of such Municipal Corpo- ration, or to leave suoh copy at the office, place of business or dwelling house of such Chamberlam or Treasurer, with a statement in writing of his fees, and the whole amount for principal, interest and costs required to be paid to satisfy such execution, calculated to the day of the service of such copy as aforesaid, or some day as near as conveniently may be to the same, and in case such amount, with interest thereon from the day mentioned in such statement, shall not be paid to such Sheriff within ^ one calendar month after such service, it shall be the duty of such' Sheriff to examine the adjusted and settled assessment rolls of such Municipal Corporation, on file in the office of the Clerk of such Corpo- ration, and to strike a rate upon the same in like manner as rates may be struck by such Municipal Corporation for the general Municipal pur- poses of such Corporation, which rate shall be of a sufficient amount in MISCELLANEOUS PROVISIONS. 53 )ration, to the pound according 1o such assessment rolls to cover the amount so due on such execution, with such addition to the same as in the Judgment of such Sheriff shall be sufficient to cover the interest, Sheriff's fees, and Collector's per centage to accrue thereon to the time when sucn rate shall probably be available for the satisfaction of the same : And there- upon, such Sheriff shall, by a precept or precepts under his Hand and Seal of Office, directed to the different Collectors of such Municipal Corporation respectively, reciting such W»it of Execution, and that such Municipal Corporation had neglected to make provision according to Law for the satisfaction theieof, and containing the roll of such rate ma Schedule to be annexed to such precept, command such Collectors respectively, to levy and collect such rate within their respective juris- dictions, at the time and in the manner that they are by Law required to levy and collect the annual rates for the geneial purposes of such Municipal Corporation, and if at the time for levying and collecting such annual rates next after the receipt of any such precept, such Collectors shall have a general rate roll delivered to them for such year, it shall be their duty to add a column'thereto, headed : " Execution rate in A. B. vs. The Township," (or as the case may be, adding a similar column for each exe- cution if more than one,) and to insert therein the amount by such precept required to be levied upon each person respectively according to the requirements of such precept, and to levy and collect the amount of such Execution rate from such persons respectively, in the same manner as such general annual rate is by law directed to' be levied and collected by such ColleclorSj and to return such precept with the amount so levied and collected thereon, after deducting his per centage therefrom^ to such Sheriit V thin the same time as such Collectors are or shall by law be requK'Hj • inke the returns of the general annual rate aforesaid to the Charab ut ' r Treasurer of such Municipal Corporation; Provided always . :, . ciiheless, firstly, that any surplus that shall rertiain in the hands of such Sheriff upon any such precept or precepts, after satisfy- ing such Execution, and all interest, costs and fees thereon, shall by such Sheriff be paid over to the Chamberlain or Treasurer of such Muni- cipal Corporation within ten days after the same shall be so received by him, and be applicable to the general purposes of such Municipal Corporation as the surplus of any other rate ; And provided also, secondly, that the Clerk of such Municipal Corporation, and the several Assessors and Collectors of such Corporation, shall, for all purposes in any way connected with the carrying into effect or permitting or assisting such Sheriff to carry into effect the provisions of this Act, with respect to the satisfaction of any such execution, be taken and deemed to be Officers of the Court out of which such Writ of Execution issued, and as such sh- '! be amenable to such Court, and may be proceeded against by Attachment or otherwise to compel the performance of the duties hereby imposed upon them as any other Officers of such Court may by law be proceeded against for a similar purpose. CLXXX. And be h enacted, That every such Municipal Corpora- lion shall, annually, on or before the thirty-fir^ day of January in each year, transmit to the Governor General of the Province, through the Provincial Secretary thereof, in such form as shall from time to time be prescribed for that purpose, by any order of the Governor in Council, an account of the several debts of such Corporation as they may have stood on the thirty-first day of December preceding, specifying in such account the original amount of every such debt of which a balance remained due at that day, the date when such, debt was contracted, the day of payment, the amount of interest to be paid therefor, the amount of the rate provided for the redemption and satisfaction of such debt and interest, the proceeds of such rate for the year ending on such thirty-. Precepii to be isauca to the Collectors. Duty of Collect- ors under such precepts. Return of pre- cept. Proviso as to surplus in hands of Sheriff after satisfying execu- tion. Proviso: Clerk and Assessors, tec, of Corpora- tion to be consi- dered as Officers of Court from which Writ issued, for cer- tain purposes. An annual uccoucitof debts of each Munici- pal Corporation to be submitted to the Governor General. Particulars in such account. 54 MUNICIPAL CORPORATIONS. Provision for the nppointmentof a Comtnlislon to investigate flnan- cial nnairs of Municipai Cor- porations upon due cause Bliewn. Powers of the Commissioners. Act ef Canada V. c. 38. cited. As to expenses of Commission. As to debts due by Municipal Corporations prior to 1st January, 1849 : a By-law may be passed with approval of the Governor in Council, &c. Proviso as to Corporations which have law- fully issued Notes of Deben- tures intended to pass as money. Proviso : present remedies of rreditois not to be impaired. first day of December, the amount of such original loan redeemed and satisfied during such year, the amount of interest, if any, unpaid on such day, and the balance still due on the principal of such loan. CLXXXI. And be it enacted, That upon the petition of one third or upwards of the members of any Municipal Corporation created or to be created under the authority of this Act, it shall and may be lawful for the Governor of this Province if sufficient cause be shewn, by order in Council, to issue one or more Commission or Commissions under the Great Seal of this Province directed to such person or persons as he shall think fit, empowering thsm to enquire into the financial and monetary affairs of such Municipal Corporation and all things connected there- with, and the person or persons so named in such Commission or Commis- sions, or as manj' of them as shall be thereby empowered to act in the exe- cution thereof, shall have all such powers forthe conducting such inquiry now by law vested in Commissioners of Inquiry appointed under the Act of the Parliament of this Province passed in the ninth year of the reign of Her Majesty Queen Victoria, chapter thirty-eight, intituled, Jn Act to empower Commissioners for inquinng into matters connected with the public business to take evidence on oath ; and the expense of executing every such Commission of Inquiry to be settled and allowed by the Inspector General of this Province for the time being or his Deputy, shall be borne by such Municipal Corporation, and so soon as the same shall be so settled and allowed as aforesaid, shall be a debt due to the Commissioner or Commissioners named in such Commission, to be provided for and paid by such Municipal Corporation as any other debt due by them in Iheir corporate capacity, and upon default in payment of the same within three calendar months from the same having been demanded by such Commissioner or Commissioners, or any one of them, at the office of the Chamberlain or Treasurer of such Municipal Corporation, shall be recoverable against such Municipal Corporation as any other debt. CLXXXII. And be it enacted, That with respect to any debt bona fide due by any District Municipal Council, City, Town or Village Council or Board of Police in Upper Canada, prior to the first day of January, one thousand eight hundred and forty-nine, it shall and may be lawful for the Municipal Corporation by this Act substituted for such District Municipal Council, City, Town or Village Council or Board of Police, at any time within one year after the time appointed for this Act to commence, to pass a By-law providing for the liquidation of such debt, and upon such By-law being approved by the Governor of this Province in Council, none of the provisions of this Act by which increased facilities are provided for tne recovery of debts due by such Municipal Corporation shall be applicable to such debts or any of them, until after default shall be made by such Municipal Corporation in rais- ing the necessary funds for the discharge of such debts, or in applying such funds when so raised to the discharge of the same according to the provisions of such By-law ; Provided always nevertheless, first, that nothing herein contained shall extend or be construed to extend, to pre- vent any such. Corporation in any such By-law where such Corporation may have heretofore issued Promissory Notes or Debentures to pass as money and which are still in circulation, to provide some mode for their gradual extinction by redeeming a certain portion thereof annually, and by substituting other Promissory Notes or Debentures in the place of such as remain unredeemed from time to time as thej^fall due, wh^n the holders thereof are willing to receive the same in exchange till the whole of such Notes or Debentures are fully and completely redeemed and satisfied according to the provisions of such By-law ; And provided also, secondly, that nothing herein contained shall extend or be con- strued to extend to deprive any of the Creditors of such Municipal Cor- MISCELLANEOUS PROVISIONS. 65 poration of all such remedies as they now by Law possess for the recovery of such debts against the District Municipal Council, City, Town or Village Council orBoardofPolice, which they maybe owed, all which remedies they shall continue to have against the Municipal Corporations substituted for such Distiict Municipal Council, City, Town or Village Corporation. CLXXXIII. And be it enacted, That it shall not be lawful for any of the Municipal Corporations to continue or be incorporated under the authority of this Act to act as Bankers, or to issue any Bond, Bill, Note, Debenture or other undertaking, of what nature or kind soever, or in what form soever, in the nature of a Bank Bill or Note, or for the pay- ment of any money intended to form a circulating medium to supply the place of specie, or otherwise pass as money ; nor shall it be lawful for any of such Municipal Corporations to make or j^ive any Bond, Bill, Debenture or other undertaking for the payment of any loan contracted by such Corporation, or of any debt due by such Corporation, or of any {)art of «>Mch loan or debt, of a less amount than twenty-five pounds of awful money of Canada ; and if any such first mentioned Bond, Bill, Note, or Debenture or other undertaking, shall be issued or put in circu- lation by any such Municipal Corporation or under its direction or authority, or under the direction or authority of any of its officers or ser- vants, or of any other person or persons whomsoever, or if any «uch last mentioned Bond, Bill, Debenture or other undertaking, shall be made or given by any such Municipal Corporation for the payment of a less amount of money than twenty-five pounds as aforesaid, every such Bill, Bond, Note, Debenture or undertaking, shall be absolutely null and void to all intents and purposes whatsoever ; Provided always nevertheless, that nothing in this section contained shall extend or be construed to extend, to any Bond, Bill, Note, Debenture or other undertaking, to be issued under the authority of any such By-law as shall or may be passed with the consent of the Governor of this Province in Council, for provid- ing for the payment and satisfaction of certain debts mentioned in the last preceding section of this Act. CLXXXIV. And be it enacted. That every person who shall issue or make, or assist in the issuing or making of any such Bonds, Bills, Notes, Debentures, or undertakings for the payment of money contrary to the provisions of the next preceding section of this Act, and every person who shall knowingly utter or tender in payment or in exchange, any of such Bonds, Bills, Notes, Debentures or undertakings for the payment of money, shall be guilty of a misdemeanor, as provided in and by the third section of the Act of the Parliament of the late Province of Upper Canada, passed in the seventh year of the reign of His late Majesty King William the Fourth, Chapter thirteen, and intituled,' -4n Act to protect thepvMic against injury from Private Banks. CLXXXV. And be it enacted, That all persons committing any offence against any By-law lawfully made by any Municipal Corpora- tion under the authority of this Act, and with regard to prosecutions for which no other provision is hereby riade, may be prosecuted in a sum- mary way before any one or more Justices of the Peace, having juris- diction within the locality in which the offender shall be resident, or whhin that in which the offence was committed, and such Justice or Justices, or other authority, before whom any conviction for any such offence shall be had (and any such offender may be convicted on the oath or affirmation of any competent witness other than the prosecutor or informer) shall.have full power and authority to award the penalty or the imprisonment, as the case may be, imposed by the By-law under which the conviction shall be had, with the costs of prosecution, against the offender, and to commit the offender to the common gaol if the offence be punishable by imprisonment, and to cause the penalty to be Municipal Cor- ^ratJont not to net as Banker! or to iMiie Bonds, (kc, to pass as money. Nor give any Bond, &c., of a less amount than X23. Penalty for con- travening this section. Proviso as to Bonds, &e., issued with approvnl of Governor in Council. Any person issuing, malting or uttering Bonds contrary to tliis Act, to Ije guilty of misdemeanor. ActofU. C.7 W. 4. c. 13. Punishment of persoiisoffending ngalnst By-laws, vvliepe no oilier provision is made, nnd tiow enforced. Pnnaltyhow levied. 56 MUNICIPAL CORPORATIONS. Ilow applied. Proviso : prose- cution may be brought in name of Corporation. Proviso aa to Members of the Corporation being Justices of the Peace- officers, ice, of Coriwration, competent wit- nsses and jurors, in cases in which the Corporation ■hall be a party. Corporations not to stop lip origi- nal allowances for roads. When any other road is altered, the site of the old road may he sold by Corporation to the party neu whose land it runs, &c. Prpvlso: who Rliall have the flfst offer. As (o parties having given land for roads without compen- sation. Roads not to exceed ninety nor be less than forty feet in breadth. levied wiih costs, if not forthwith paid, by distress and sale of the goods and chattels of the offender, by Warrant under the hand and seal ot such Justices or one of them, or of the Chairman or Presiding Officer of the Court before whom such conviction was had ; and one moiety of any such pecuniary penalty shall go to the informer or prosecutor, antl the other Moiety shall be paid to the Treasurer or Chamberlain of the Cor- poration against the By-law whereof the offence shall have been com- mitted, and shall form part of the funds at the disposal of such Corpora- tion : Provided always, firstly, that any such prosecution may be brought in the name and on the behalf of such Corporation as aforesaid, ana in that case the whole of such pecuniary penalty shall be paid to the Trea- surer or Chamberlain of such Corporation, and form part of such funds as aforesaid : And provided also, secondly, that any member of the Municipal Corporation, u.ider the By-law whereof any such prosecution as aforesaid shall be brought, being, ex officio or otherwise, a Justice of the Peace within such locality, may act as such with regard to such prose- cution. CLXXXVI. And be it enacted, That as well with regard to any such prosecution as to any suit, action or proceeding to which any Cor- poration created or to be created by or under this Act shall be a party, no member, officer or servant of such Corporation shall be deemed an incompetent witness, nor shall his testimony be objected to on the ground of his being interested in the matter, as such member, officer or servant of such Corporation, nor shall he be liable to challenge en such ground aa a juror, if he have no more direct interest in the issue of such suit or prosecution, or be not otherwise rendered incompetent ; any law, usage or custom to the contrary notwithstanding. CLXXXVII. And be it enacted. That it shall not be competent to the Municipality of any Township or to the Municipal Council of any County, to pass any By-law for stopping up any original allowance for Roads in any Township or County, nor on the limits of any Village, Town or City therein. CLXXXyill. And be it enacted. That on the alteration of any Boad under ,the authority of this Act where the Road thus altered shall not have i)een an original allowance for Road, or where the same shall lie within any Incorporated Village, Town or City or the liberties thereof, the site of such old Road shall and may be sold and conveyed by the Municipal Corporation under whose authority the alteration was made, to the party or parties next adjoining to whose land or lands the same shall have run, or in case of his, her or their refusal to become the pur- chaser or purchasers thereof at such price or prices respectively as such Municipal Corporation shall think reasonable, then, to any other person or persons whomsoever ; provided always, nevertheless, that it shall not be lawful for any such Municipal Corporation to sell and convey any such old Road or any part thereof to any other than the person or per- sons first mentioned at any given price until such first mentioned per- son or persons shall have refused to bedome the purchaser or pur- chasers thereof at such price : And in case the person or persons now in possession of any Concession Road or Side Line may have laid out iJtreets in any City, Town or Village without any compensation therefor, ho shall be entitled to retain the land within such City, Town or Village originally set apart for such Concession Road or Side Line in lieu of the Street set apart by him in place of the said Concession Road or Side Line. CLXXXIX. And be it enacted, That no Road to be hereafter laid out, under the authority of this Act shall be more than ninety feet nor less than forty feet in width ; provided always, that nothing in this section shall extend or be construed to extend to affect any Road now established MISCELLANEOUS PROVISIONS. 67 the ^oods eal ot such icer of the ety of any r, and the )f the Cor- been com- 1 Corpora- be brought lid, anajn I the Trea- iuch funds bar of the rosecution Justice of uch prose- rd to any I any Cor- le a party, eemed an he ground )r servant ah ground ich suit or i\r, usage tent to the cil of any hrvance for Village, any Boad lali not shall lie thereof, by the as made, 16 same the pur- as such person shall not vey any or per- iod per- or pur- now in !aid out herefor. Village u of the or Side aid out, lor less section blished under the provisions of any Act heretofore in force in Upper Canada, nor when any iRoad shall be altered under the authority of this Act to prevent such altered Road from being laid out, of the same width as the old one. CXC. And be it enacted, That all powers, duties or liabilities vested in or belonging to the Magistrates in Quarter Sessions, with respect to any particular Highway, Road or Bridge in Upper Canada at the time this Act shall come into force, shall from thenceforth become and be vested in and belong to the Municipal Corporation of the County in which such Highway, Road or Bridge shall lie, or in case of such Highway. Road or Bridge lying within two or more Counties, shall be vested in and belong to the Municipal Corporations of both such Counties, subject always to ihe provisions of this Act as to the mode and manner of exercising, performing and meeting such powers, duties and liabilities, and all rules and regulations made and directions given by such Muni- cipal Corporation or Corporations in 'he premises shall have the like force and effect to all intents nd »ses whatsoever, as »'•'<"» wluch such Magistrates had previ'. y the er of making orgiv. ■■-■ - .>.?pect- ing the same, and neglect of or disobedience to any such rules, regula- tions or directions so to be made or given by such Municipal Corpora- tion or Corporations, shall subject the defaulter or defaulters in the premises to the like penalties, forfeitures and other consequences both civil and criminal as such neglect of or disobedience to similar rules, regulations or directions of such Magistrates would have subjected them to, previous to this Act coming into force. CXCI. And be it enacted. That it shall and may be lawful for any of the Municipal Corporations, created or to be created under the authority of this Act, to authorize by By-law any person or persons who may be willing to contract with them, for that purpose, to plank, gravel or macadamize anyroad or to build any bridge, which, under the provisions of this Act, any such Municipal Corporation would themselves have a legal right to plank, gravel, macadamize or build, and to grant to such person or persons in consideration or part consideration of tne execution of such work, the tolls to be levied on the same after it shall have been completed ; Provided always, firstly, that the rate of tolls to be taken upon such work, shall in all cases be fixed by By-law of such Municipal Corporation, and not be in the discretion of such person or persons so contracting as aforesaid ; And provided also, secondly, that no such tolls shall be leviable until such Municipal Council shall by a subsequent By-law lave declared that the work contracted for has been completed, and that the tolls may be collected thereon accordingly ; And provided also, thirdly, that tho grant of such tolls shall in no case be for a longer period than ten years from the time of the passing of such last mentioned By-law by which the levying of such tolls shall become lawful ; And provided also, fourthly, that it shall be the duty of such person or per- sons during the period that his or their right to levy tolls under such By-law shall continue, to keep and maintain such road or bridge in good and proper repair; And provided also, fifthly, that none of the powers and privileges conferred by an Act passetl in this present Session of Parliament, intituled. An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other Works in Upper Canada, shall extend to confer upon any Company formed or pretended to be formed under the authority of that Act, any power of interference with any authority conferred by any such By-law upon any person or persons under the authority of this section. CXCn. And be it enacted, That it shall not be lawful for any of such Municipal Corporations to make any By-law for the stopping up, altering, widening or diverting any public highway, road, street or lane until they shall have caused at least one calendar month's notice to have been Provito Ri to RondM now ettablithed. Powcri, fcc, of Magiitratcs in Quarter SeHsioiia with respect to Highwayx, Stt., vested ill Muni- cipal Corpora- tion!. As to rules and regulations made by tliem. Corporntion tnny authorize per- sons to plank, tec, Roadj, or build Bridges within their jurisdiction. Proviso : Tolls to be fixed by Corporation. Proviso: tolls not leviable until the work is completed. Proviso : tolls not to be granted for more than ten years. Proviso : persons receiving tolls, to keep roads, &c., in repair. Proviso as to companies form- ed under the general Act of this Session. Corporation not to stop up Roads, &c., withoiitone month's notice, &c. 58 MUNICIPAL CORPORATIONS. Proviso : Cor> poraiion* not to itiicrrcrc wild Honda, &c., vetted In Her Mnjeiiy or any public depart- ment. Powere of Gov- ernor in Council aaioiiiehRoadi. Corporationn net to interfere Witt) the nlistninent, &c., nf Roada laid out by the Ordnance, Jtc, except by 'Content. Corporations not to run Roada thiough Ord- nance property orinti;rfere with the derencea of the Province, A.C., except by consent. Incascitstinll be necessary Tor Roads to pass over, &e., pri- vate property, nrbitrntors to be appointed. ^iven by written or printed notices put up in the six most public places in the immediate neijo^hbourhood of such highway, road, street or Jane, nor until they shall have heard in person or by counsel or attorney, any person through whose land such highway, road, street or lane, or pro- posed hishway, road, street or lane shall run, ana who may claim to be so heard before them: Provided always, nevertheless, that nothing either in this section or in any other of the provisions of this Act shall extend or be construed to extend to give any power or authority whatsoever to any of the Municipal Corporations erected or to be erected under the authority of the same, to interfere in any way with any of the public roads or bridges in Upper Canada, which by Act of Parliament or other- wise, now are or hereafter may be vested in Her Majesty, or in any public department or board' of Her Majesty's Provincial Government as a Provincial public work ; with respect to all and every which Provin- cial public works whether roads or bridges, all and singular the powers b]^ tnis Act conferred upon or vested in euch Municipal Corporations^ with respect to other roads and bridges within the limits of their respec- tive jurisdictions, shall be and the same are hereby vested in and snail and may from time to time and at all times hereafter be exercised by the Governor of this Province in Council with respect to such Provincial public roads and bridges and every of them, by such orders in Council as shall or may from time to time he made for that purpose. CXCIII. And be it enacted, That nothing in this Act contained shall extend or be construed to extend to give any power or authority what- soever to any of the Municipal Corporations erected or to be erected under the authority of the same, to pass any By-law for the direction or alignment, stopping upor altering; of any of the streets, lanes or thorough- fares which have been or hereafter shall or may be made or laid out by the Department of Her Majesty's Ordnance, or to the interfering in any manner with any bridges, whatves, docks, (juays or other works con- structed by or under the direction of Her Majesty's Ordnance, or on the land held by Her Majesty and reserved for military purposes, until the consent in writing of the Head Quarter Board of Officers of Her Majesty's Ordnance acting in Canada, shall be first had and obtained authorizing such intended By-law to extend to Ordnance Property. CXCIV. And be it enacted, That nothing in this Act contained shall extend or be construed to extend to give any power or authority what- soever to any of the Municipal Corporations erected or to be erected under the authority of the same, to pass any By-law to open any street, road or lane through any lands held by Her Majesty or on Her behalf in respect of the Ordnance, or to interfere with, prejudice or weaken the right of Her Majesty in respect of such Ordnance properly, or to inter- fere with the integrity of the public defences as connected with such property, unless the consent of the Head Quarter Board of Officers of Her Majesty's Ordnance acting in Canada shall be first had and obtained, such consent and all other consents required by this Act in regard to Ordnance property to be given in writing under the hands of the Head Quarter Board of Officers of Her Majesty's Ordnance acting in Canada, and that they are such Head Quarter Board of Officers shall be certified under the hand of the Commander of the Forces in Canada for the time being, and every such consent and certificate shall be recited in such By-law. CXCV. Arid be it enacted, That upon the passing of any By-law, by any Municipal Corporation erected or to be erected under the authority of this Act for the puipose of authorizing the opening any road, street or other public thoroughfare, or of chancing, widening or diverting any road, street or public thoroughfare so as to cause the same or any part thereof to go tnrough or be placed upon or injuriously to affect the land or la ar C( af Si )ubiio places reet or Jane, ttorney, any lane, or pro- claim to be Dihing either shall extend iiatsoever to d under the >f the public ent or other- , or in any irernment aa lich Provin- the powers 'orporationS) heir respeo- in and snail xerclsed by 1 Provincial i in Council tained shall lority what- be erected direction or )r thorough- ' laid out by iring in any works con- e, or on the R, until the r Majesty's authorizing ained shall >rity what- be erected any street, ler behalf veaken the or to inter- with such Officers of had and lis Act in e hands of nee acting icers shall in Canada shall be y-law, by authority )dd, street jrting any any part t the land MISCELLANEOUS PROVISIONS. or other real property of any person or persons, it shall and may be lawful for the person or persons who shall own such property to name an arbitrator, and give notice thereof in writing to the Clerk of such Corporation, and the Head of the Corporal«rJeet to Court of Q. B. Provlao : in rnse of neglect of Head of Corpofn- tion to appoint arl)itriitor, tec. party interested niiiy sue Cor- poration, Sec. Action sustain- able without proving entry. Dy-law may then be repealed, and costs tendered, &c. No entry allowed until da'imgcs and costs be paid. If a lawful and sufficient tender be proven by defendant, all costs Rulisequent thereto to he borne by plain- tiflr. 60 MUNICIPAL CORPORATIONS. Road, tie. All By-lawa to be auiheiitleated by seal of Cor- poration, algna- ture, tic. Eflectofcertiflcd copici. Bonds, ScC; how to be siKiicd and scaled, Sec. be borne by the plaintiff, and the plaintiflf in such cacie shall receive no costs, for any proceedings subsequent to such tender. In MiimatinB^ CXC VII. And be it enacted, That as well the arbitrators as the jury, to "like^hit In- in estimating the damages 9r compensation in any such submissions or ■iderntion benefit actions, shall take into consideration any benefit or advantage which the piniMtiff fto'ili''*' plaintiff shall or may derive from the opening, widening or diverting wideiiinB of any such road, street, or other public thoroughfare, and deduct the same from the damages or compensation ; and in case the said benefit to be derived from the said opening, widening, or diverting such road, street, or public thoroughfare, shall oe greater than the damages which shall be found to arise from the taking of such land or other real property, the award or verdict shall be for the defendant. CXCVIII. And be it enacted, That all By-laws made and passed by any Municipal Corporation under the authority of this Act, shall be authenticated by the^ Seal of the Corporation, and by the signature of the Head thereof, or' of the person presiding at the meeting at which the same shall have been made and passed, and also by that of the Clerk of such Corporation ; and any copy of any such Bv-iaw, written without erasure or interlineation, scaled with the Seal of the Corpora- tion, and certified to be a true copy by the Clerk, and by any member of such Corporation for the time being, shall be deemed authentic, and shall be received in evidence in any Court of law or equity in this Pro- vince, without its being necessary to ptove such seal or signatures, unless it shall be specially pleaded or alleged that the same or any of them are forged or counterfeit ; and all debts, bonds, obligations and other instruments to be executed on behalf of any Corporation erected or to be erected by or under this Act, shall be valid if sealed with the Seal of the Corporation, and signed by the Head of such Corporation, or by such other person as shall by any By-law to be passed in that behalf, be authorized to sign the same on the behalf of the Corpora- tion. CXCIX. And be it enacted, That the originals or certified copies of all By-laws and regulations made by any Municipal Corporation under the authority of this Act, and of all minutes of the proceedings of any such Corporation shall be kept in the office of their Clerk, and shall be open at all seasonable times and hours to the inspection of the public ; and the said Clerk shall be bound to furnish copies thereof at tne rate of six pence currency per hundred words, or at such lower rate as the Corjporation shall appoint ; and all meetings and proceedings of any such Corporation shall be held openly, and so that no person shall be prevented from being present thereat, except only when the public inte- rest shall require the contrary. CC. And be it enacted. That so long as any City or Town erected or to be erected ur.der the authority of this Act, i?hall use or continue to use the Court House, Gaol, and House of Correction of any County within the limits or on the borders whereof such City or Town shall be situate, or any of them, the Municipal Corporation of such City or Town shall pay to the Municipal Corporation of suck County, such annual sum of money for the same as shall be mutually agreed upon between them as a fair compensation for the use of such buildings or any of them, and in the event of such Corporations being unable to agree as to the amount of such compensation, then the same shall be settled by the award of three arbitrators, or the majority of them, to be appointed as follows, that is to say : one by the Municipal Corporation of such City or Town, another by the Municipal Corporation of such County, and the third by such two arbitrators thus appointed, or in the event of such two arbitra- tors omitting to appoint such third arbitrator within ten days next after Original Dylaws to be kept in Clerk'sOflicennd open 10 the Tub- iic, &c. As to Copies. Meetings, &c., to be public. Corporntions of Cities uning gaols, tec, of Counties within the limits wliere- of they arc situ- ate, to pay to the Corporations of such Counties for theuseofthesnid Gaols, &c., a fair compenfiation — to be settled by arbitrators in case of disagree- ment. theil cil,| cipa suoll witl and I Pro^ pors callJ in all receive no MISCELLANEOUS PROVISIONS. their own appointment, then by the Governor of this Province in Coun- cil, and the amount so settled bhall be deemed a debt due by the Muni- cipal Corporation of such City or Town to the Municipal Corporation of such County, and its payment shall bo provided for as is hereby directed with respect to other debts of such Municipal Corporations in general, and in default thereof may be sued for and recovered as any such debts : Provided always, nevertheless, firstly, that in case either of such Cor- porations shall omit for one calendar month after they shall have been called upon for that purpose by the other of such Corporations, to appoint an arbitrator on their part as above provided, it shall and may be law- ful for the Governor in Council to appoir.i an arbitrator on the part and behalf of such Corporation so neglecting to appoint such arbitrator, who shall in such case nave all the same powers as if he had been appointed by such Coiporation : And provided also, secondly, that whenever, after the lapse of five years from the making any such award, it shall appear reasonable to the Governor in Council, upon the application of either of such Municipal Corporations, that the amount ot such compensation should be reconsidered, it shall and may be lawful for him, by an order in Council, to direct that the then existing arrangement respecting the same, whether it be by agreement of the parties or by award, shall cease after some time to be named iti such order, after which the said Corpo- rations shall proceed as at first, for the settlement either by agreement or arbitration, of the amount to be paid from the termination of such pre- vious settlement: Provided also, thirdly, tb'^t every such submiasion and award shall be subject to the jurisdiction of Her Majesty's Court of Queen's Bench for Upper Canada, in like manner as if the same were by bond, with an ac;reement therein that such submission might be made a rule of that Court : And provided always, fourthly, that when- ever at the time this Act shall come into force there shall be any sub- sisting agreement or other settlement, whether by Act of Parliament or otherwise, of the amount to be paid by any such City or Town for such Court House, Gaol or House of Correction, or any of them, the same shall be and continue in force as if it had been settled under the authority of this clause at the time that this Act shall have so come into force as aforesaid. CCI. And be it enacted, That the several Villages mentioned and named inthe Schedule to this Act annexed marked A, shall respectively have suf^h joundaries as shall or may be established and declared for such Villages respectively, in and by any Proclamation or Proclama- tions, to be in that behalf issued under the Great Seal of this Province, by order of the Governor thereof in Council, at any time on or before the first day of October next, after the passing of this Act, and shall by such boundaries be Incorporated Villages under this Act, and the several Towns mentioned and named in the Schedule to this Act annexecl marked B, shall respectively have the boundaries set forth in the said Schedule, and shall De Towns under the provisions of this Act, and the Wards of such Towns shall respectively have the names and bounda- ries set forth in such Schedule in respect of such Towns ; and that the several Cities mentionedand named in the Schedule to this Act annexed marked C, shall respectively have the boundaries both as respects such Cities and the liberties thereof set forth in the said last mentioned Sche- dule, and shall be Cities undor the provisions of this Act, and the several Wards of such Cities shall, with the liberties attached to each respec- tively, have the names and boundaries set forth in the said last men- tioned Schedule in respect of such Cities, and all and singular the names and boundaries of all such Villages, Towns and Cities and of the Wards of such Towns and Cities shall continue until the same shall be altered by competent authority in the manner in this Act se* forth and provided. 61 I'rovliio : Gover- nor to ap|)ohu orbltrniorM in de- fault of Corpora- tion!. ProviHO : nfter five yen ri, Gover- nor iniiy order a new nyreenient. I Awnrdd auliiect to Court of Q. U. Proviao: exiiting agi cements to re- main in force aa if set'.led under tbia Act. Villages, Towns, &c., in theditfer- cnt f^chedules nnd the Wards therein, to have the several boundaries there- in set forth. 62 MUNICIPAL CJRPORATIONS. Roe I ml. How ihiR Act ■IirII n|)|>ly to certnlii Towns In Buliodulu D. All the provl- ■ioni of ihls Act may he extended by ProclniiiRtion toiucb Towiii. Ai to Towni mentioned in tint divitionof ijcliedule T). incorporated. Provision with respect to the incorporation of towns mentioned in second divi- sion of Schedule D. on certain conditions. Petition. Proclamation. ecu. And whereas the places mertioned in the Schedule to this Act annexed maiked D, and intituled, "Tuw:ib with Municipalities only or without any Manioipal organization," from having been the placea where the assizes have been usually held, or rrnin being the seats of the ° local Courts, or from having- been named as Towns in Acts of Purlia- ment, or from other oauAfls, are or are generally reputed to be Towns, and it is inexpedient to deprive them of that distinction or to subject them to the more extensive organizBtion in and by this Act provided for, either Towns or Villages in general until by the increase of their inhabi> tants they shall respectively become desirous of and entitled to such extended organization respectively as they would be under this Act, were they only Villages or Hamlets respectively : Be it therefore enacted, That the several Towns mentioned in the said Schedule, with such limits and boundaries as shall be eMablinhed and declared for such Towns respectively, in and by any Proclamation or Proclamations to be in that behalf issued under the Great Seal of this Province by order uf the Governor thereof in Council at any time on or before the first day of October ntvvt after the passim; of thin Act, «hall Ye and continue to be Towns as heretofore, but neither the provisions of this Act applicable to Towns only, nor any Act, nor any of the provisions of any Act to be passed this Session^ or at any time hereafter referring to Towns gene- rally, shall thert/Ky extend or be construed to extend to any of such Towns; Provided always, nevertholess, that it shall and may be lawful for the Governor of this Province in Council at any time by Proclama- tion under the Great Seal thereof, to extend the limits of any of the Towns mentioned in the said Schedule D, to divide such Town into Wards, and to extend to such Town all the provisions of this Act and of all other Acts applicable to Towns in general, whereupon the provisions of this Act and of all such other Acts shall extend to such Town as if such Town with its limits and divisions had been sat forth in the Sche- dule to this Act annexed marked B. CCIII. And be it enacted. That the inhabitants of each of the Towns mtntioned in the first division of the said Schedule marked D, shall be a Body Corporate apart from the Township or Townships in which such Town shall be situate, and as such shall have perpetual succession and a Common Seal, with all such powers within the limits of such Town as are by this Act conferred upon the inhabitants of Incorporated Villa- fes, andf the powers of the Corporation of such Town shall be exerci-sed y, through, and in the name of the Municipality of such Town, and all the provisions of this Act, and of all other Acts hereafter to be passed applicable to Incorporated Villages, and the Municipalities thereof, shall apply to such Town and the Municipality thereof. CCIV. And be it enacted, That each of the Towns mentioned in the second division of the said Schedule marked D, shall be and continue a part of the Township or Townships whhin which the same shall be respectively situate, and shall be and continue subject to the jurisdiction of the Municipality or Municipalities of such Township or Townships as if the same was an unincorporated Village or Hamlet, and that when by the census returns, it shall appear that any of such last mentioned Towns and any portion of a Township or Townships, which from the proximity of streets and buildings, may conveniently be attached to such Town, shall together contain one thousand inhabitants or upwards, it shall and may be lawful for any number of the resident freeholders or householders of such Town, not less than one hundred, to petition the Governor of this Province that the inhabitants of such Town may be incorporated, and upon such petition it shall be lawful for the Governor of the Province by an order in Council to issue a Proclamation under the Great Seal of the Province, setting forth the boundaries of such Town, and including within suol shij sai<| inhl boul thef be silul palil Corf all ferrJ oftlf the thifll pora to 811 tioni MISCELLANEOUS PROVISIONS. 63 to this Act ies only or the places iflalB of the of Purlia- be Town«, to subject ovided for, eir inhabi- )d lo such r this Act, re enacted, with such i for such tions to be by order of tirst day of linne to be applicable ' Act to be wns gene- y of such be lawful Proclama- iny of the Pown into Act and of provisions own as if the Sche- ie Towns shall be lichsuch ssion and ich Town ed Villa- Jxercised )wn, and )e passed eof, shall d in the >ntinue a shall be isdiction ships as when by d Towns roximity h Town, all and "holders r of this ed, and ^ince by 1 of the within When niph Vtty, rlniiiniion thiill tiikeetrt'ut, mill vvlint It* cirt'Ct ■hall lie. such boundaries any such portion or poi tions of the said adjacent Town- ship or Towntthipa us frotn the proximity of slreets or biiiKlings as afore- said may conveniently be aituchud to such Town as aforesaid, and the inhabitants of such Town as embraced within tfiich new and extended bounduriex, shall, on from and after the firHt day of January next after the end of three calendar moiitho, fiom the teste of Buch Proclamation, be incorporated apait from the Township or Townships in which it is situate, and shall no longer be subject to the jiirifldiciioii of the Munici- pality or Municipalities of such Township or Townships, and as such Corporation, shall have perpetual succession and a Common Seal, with all such powers within the limits of such Town as are by 'his Act con- ferred upon the inhabitants of any Incorporated Villase, and ihe powers of the Corporation of such Town phail be exercised by, through and in the name of the Municipality of such 'J'own ; and all the provisions of this Act and of all other Acts hereafter to be passed applicable lo [ncor- porateil Villages in general, and the Municipalities thereof, sluill apply to such Town and the Municipality thereof as if the same were men- tioned in the Schedule to thi» Ac' annexed marked A. CCV. And be it enacted, That whenever by the census returns it Prov >ioii wMth shall appear that any of the Towns mentioned in the said Schedule dlviTcMUnio" markea D, which shall have been then already incorporated under tlio Wm i*ofcortnin provisions of this Act as aforesaid, and any portions of the Townc*i>p or Townships which, from the proximity of streets and buildings, may conveniently be attached to such Town, shall together contain five thousand inhabitants or upwards, it shall and may be lawful for the Municipal Corporation of such Town to petition Ihe Governor of this Province that the limits of the said Town may be extended, and that the same may be divided into Wards, and upon such petition it shall be lawful for the Governor of the Province, by an order in Council, to issue a Proclamation under the Great Seal of the Province, extending such limits and dividing such Town into Wards accordingly, and from and after the first day of January next, after the end of three calendar months from the teste of such Proclamation, all the provisions of this Act and of all other Acts hereafter to be passed applicable to Incorporated Towns in general or to the Town Councils thereof, shall apply to such Town and Town Council thereof, as if the same were mentioned in the Schedule to this Act annexed marked B. CCVI. And be it enacted. That for and notwithstanding any thing in this Ac;^ contained, the Municipal Corporation or other Municipal bodies or authorities of the several Counties, Unions of Counties under the name of Districts, Cities, Towns, Townships and Villages in Urxii-r Canada, existing immediately previously to the first day of January, .'uicn will be in the year of our Lord one thousand eight hundred and fifty, and all and singular the members, officers, and servants of the same respec- tively, shall, upon and from the said first day of Jan-.M^y, in the year aforesaid, until the fourth Monday of the same month., continue to have exercise and perform all and singular the Munic ip-d and other powers, functions and duties which immediately previous lo such first day of January shall or may by law have been vested in them respectively, to all intents and purposes, as if this Act hud not been passed. CC VII. And be it enacted. That any Proclamation to be issued under the authority of this Act, for the incorporation of any Village, for erecting any Village into a Town, or for erecting any Town into a City, shall have force and effect upon, from and after the first day of January next, after the end of three calendar months from the teste of such Proclama- tion, and not before, except only as regards any thing to be done pre- paratory to the election to be held in consequence of uuch Proclamation, T'^win ill Sclic.'l li . n.oii cert .'ill coiidlUoiii. ^Hvon. Proclamation. Corporations, &c., ornistricta, &c., existing immediately pre- vious to Isi Jan- uary, lea*. to remain until 4tli Monday of that inontb. Powers of Mem- bers, wn which le Canal, md River. aid Town Market wn which St ward as id Alfred m which And the said North Ward to comprise all that part of the said Town North Warji. which lies north of the Grand River (including the two large Islands in the River,) ar\,d west of Cedar Street, and, West Street from its intersec- tion with Cedar Street. 3. BrockvUle. — To consist of all that part of this Province situate Brockvillb. within the County of Leeds, and lying within the following limits, that is to say : Comprising that part of the Township of Elizabethtown known as the Limiu. front halves of Township lots numbers ten, eleven, twelve and thirteen, and of the West half of Township lot number nine, and of the east half of Township lot number fourteen in the first concession of the said Township, extending the same respectively to the water's edge of the River St. Lawrence, together with such parts of the water of the said River, and of the land under the said water as lies in front of the said lots within three hundred yards of the said water's edse, and also including the small Island m front of the said Town on which a block house is now built, and all Public Roads and Highways running through or by any of the said half lots within the exterior limits thereof. The said Town to be divided into three Wards to be called respec- WartiH, three, lively. East Ward, West Ward and Centre Ward, and to comprise the following portions of the said Town respectively, that is to say : The said Centre Ward to comprise all that part of the said Town known Centre Wani . as the front half of the west half of the said Township lot number eleven, and of the front half of the east half of the said Township lot number twelve, in the first concession of Elizabethtown aforesaid, extending the same respectively to the water's edge of the said River Saint Lawrence, together with such parts of the water of the said River and of the land under the said water as lies in front of the said last mentioned half lots and within three hundred yards of the said water's edge, and including the said small Island. The said West Ward to comprise all that part of the said Town which West Ward. lies to the west of the said Centre Ward. And the said East Ward to comprise all that part of the said Towr> East Ward, which lies east of the said Centre Ward. 4. Bytown.-^To consist of all that part of this Province situate within Bytown. the County of Charleton, and lying within the following limits, that is to say : Commencing at the waters of the River Rideau on the line which divides Lots E and F in concessions D and C, and thence in a continuous direct line, across lot number forty, to the side-line dividing lots numbers thirty-nine and forty ; thence, following the said line northerly in the first concession, to the line dividing concession A and the first conces- sion, and in concession A embracing the whole of the broken lot number thirty-nine to the river Ottawa, including all the islands down to the southerly end of the chain bridge ; thence, following the waters of the Ottawa in the centre of the channel to the western branch of the waters of the river Rideau ; thence, against the stream up the river Rideau to the place of beginning. Limits. Wards, three. The said Town to be divided into three Wards to be called respec- tively East Ward, Centre Ward and West Ward, and to comprise the following portions of the said Town respectively, that is to say : Lower Bytown shall comprise that portion of the said Town which lies Lower Bytown. easterly from the Rideau Canal, and shall constitute two Wards by the names of East Ward and Centre Ward. 68 MUNICIPAL CORPORATIONS. East Ward. Centre Ward. West Ward. Upper BytowD. CODOURO. Liinita. Ward*, three. South Ward. East Ward. West Ward. Cornwall. Limits. Wards, three. East Ward. West Ward. Centre Ward. DUNDAS. Limits. The said East Ward to comprise all that portion of the said Lower Town which lies east of the centre of Dalhousie Street, so far as the said street is now .opened, and thence in a direct line produced from the cen- tre of the said street until it intersects the limits of the "Town on the south. The said Centre Ward to comprise all that portion of the said Lower Town not included in the East Ward. The said West Ward shall comprise all that portion of the said Town which lies westerly from the Rideau Canal, and which shall constitute Upper Bytown. ; v , " , — 6. Cobourg, — To consist of all that part of this Province situate within the County of Northumberland, and lying within the following limits, that is to say : Commencing on the Lake Shore, at the south-east angle of lot number fourteen, in concession B ; thence, north, sixteen degrees west, to the centre of the first concession ; thence, south, seventy-four degrees west, to the centre of lot number twenty-one, in the said concession ; thence, south, sixteen degrees east, to the Lake shore ; thence, along the water's edge, to the place of beginning. The said Town to be divided into three Wards, to be called respec- tively. South Ward, East Ward and West Ward. The said South Ward to comprise all that portion of the said Town which lies south of King street. The said East Ward to comprise all that portion of the said Town which lies east of the centre of the street between lots numbers sixteen and seventeen and north of King street ; and The said West Ward to comprise all that portion of the said Town which lies west of the centre of the street between lots numbers sixteen and seventeen, and north of King Street. 6. Cornwall. — To consist of all that part of this Province situate within the County of Stormont, and lying within the following limits, that is to say: Comprised within the limits or boundaries heretofore reserved and set apart by Government as a Town plot, together with the parcel or tract of uifgranted land in front thereof, and the harbour. The said Town to be divided into three Wards, to i-3 called respec- tively East Ward, West Ward, and Centre Ward, and to comprise the following portions of the said Town respectively, that is to say : The said East Ward to comprise all that part of the said Town which lies between Amelia Street and the Eastern limits of the said Town. The said West Ward to comprise all that part of .the said Town which lies between Augustus Street and the Western boundary of the said Town ; and The said Centre V/ard to comprise all that remaining part of the said Town which lies between Amelia Street and Augustus Street, and not included in either of the before mentioned Wards. ■'. . 7. Dundas. — To consist of all that part of this Province situate within the County of Halton, and lying w^ithin the following limits that is to say : Commencing on the division line between the property of George Rolph, Esquire, and the property of the late Harker Lyons, on the York roacf ; thence, following the said road, westerly, to the road leading up the mountain to John Keagy's, ihe younger ; thence, in a straight line bj m th lid Lower 18 the said 1 the cen- ^ti on the lid Lower laid Town conutitute ate within ing limits, ot number ;st, to the rees west, i; thence, he water's 3d respec- aid Town aid Town irs sixteen laid Town rs sixteen ite within that is to rved and parcel or 3 respec- rise the ^n which Town. m which the said the said land not within Ut is to I George le York lling up 1;ht line . LIMITS OP TOWNS. ' 69 by compass to a monument within a few feet of the site of the old oat- meal mill ; thence across the creek or stream to a stone monument placed at the distance of five hundred feet from the west bank thereof; thence, following the said creek or stream at a distance throughout of Hve hundred feet from the west and south bank thereof, to where a stone monument is placed south of Mr. Ewarl's milidam ; thence, running in a straight line to a stone monument placed on the boundary line between the property owned by John O. Hatt, Esquire, and the estate of the late Manuel Overfield ; thence, to a stone monument pieced on the boundary line between the property owned by Thomas Hatt and the said John O. Hatt ; thence, along the said boundary line to a stone monument placed in South Street ; thence, following South Street till it intersects East Street ; thence, descending the hill in a northerly direction till it inter- sects the Governor's road ; thence, following the said road, easterly, to a stone monument placed in a line at right angles Avith the place of beginning ; thence, along the said line te the place of beginning. The said Town to be divided into four Wards, to be called, respec- Warig four, tively, Mountain Ward, Canal Ward, Foundry Ward, and Valley Ward, and to comprise the following portions of the said Town respectively, that is to say : The said Mountain Ward to comprise all that part of the said Town Mountain Ward, commencing on the Sydenham road at the northern boundary of the said Town ; thence, running along the said Sydenham road until it intersects King Street ; thence, along the said King Street in an easterly direction until it intersects Main Street ; thence, along the said Main Street until it intersects Baldwin or Flamboro' Street ; thence, along the same to the Basin of the Desjardins Canal ; thence, along the said canal until the eastern boundary or limit of the said Town is intersected ; thence, fol- lowing the said eastern boundary to the northern boundary line of the said Town ; thence, following the same to the place of beginning. The said Canal Ward to comprise all that part of the said Town, Canal Ward. commencing on King Street at a post planted between the lands owned by Orlando Morley and John Walker; thence, running south to the southern boundary of the said Town ; thence, along the said boundary to the eastern boundary until the Desjardins Canal is mtersected ; thence, along the said Canal in a westerly direction until East Street is intersec- ted (Coote's Paradise) ; thence, along Baldwin or Flamboro' Street to Main Street ; thence, along the said Main Street in a northerly,- direction till it intersects King Street ; Ihence, along the said King Street to the place of beginning. The said Foundry Ward to comprise all that part of the said I'own, Foundry Ward. commencing on King Street at a post planted between the lands owned by Orlando Morley and John Walker; thence, along the said King Street, west, until it intersects Peel Street ; thence, south, until James Street is intersected ; thence, westerly, along the said James Street until it intersects the western boundary of the said town ; thence, along the western and southern boundary of the said Town until the boundary between Wards Numbers Two and Three is intersected ; thence, north- erly, to the place of beginning; and The said Valley Ward to comprise all that part of the said Town, Valtcy Ward, commencing at the northern boundary of the said Town on the Syden- ham Bead ; thence, following the north-western limits of the said town to a stone monument within a few feet of the site of the old oatmeal mill ; thence, across the stream or creek to a stone monument placed at the distance of five hundred feet from the west bank thereof; thence, along the western boundary of the said town to a stone monument pla- ced on a line at right angles with James Street ; thence, along James i 70 MUNICIPAL CORPORATIONS. GODKRICU. Liiiiiti. Wardii, four. St. George's Ward. St. Patrick's Ward. Ht. Andrew's Ward. St. David's Ward. London. Limits. W.-irds, four. St. George's Ward. St. P.ilrick's WnrJ. St. Andrew's Ward. Street, easterly, until Peel Street is intersected; thence, alons Peel Street to King Street ; thence, along King Street to Sydenham Road ; thence, along Sydenham Road to the place of beginning. 8. Goderich. — To consist of all that part of this Province situate within the County of Huron, and lying within the following limits, that is to say : Commencing at a point where the south limit of Britannia Road pro- duced intersects the water's edge of Lake Huron ] thence, northerly along the said water's edge to the south Pier of the Harbour; thence, easterly, along the said Pier and south side of the River Maitland, to a point where the west limit of Wellington Street produced intersects the said south side of the River Maitland ; thence, due south, along the said produced limit of Wellington Street to the crown of the Hill ; thence, easterly alons the crown of the said Hill, following the several windings thereof, to tne east end of Gloucester Terrace ; thence, southerly, along the eastern limit of the River Maitland, until it intersects the south easterly limit of Britannia Road ; thence, south-easterly along the south-east limit of Britannia Road to an angle thereof; thence, due west, along the south limit of the said Britannia Road to the place of beginning. The said Town to be divided into Four Wards, to be called respec- tively Saint George's Ward, Saint Patrick's Ward, Saint Andrew's Ward, and Saint David's Ward ; and to comprise the following portions of the said Town respectively, that is to say : The said Saint George's Ward to comprise all that part of the said Town which lies northward of the centre of West Street and westward of the centre of North Street. The said Saint Patrick's Ward to comprise all that part of the said Town which lies northward of the centre of East Street and eastward of the centre of North Street. The said Saint Andrew's Ward to ccnprise all that part of the said Town which lies southward of the centre of West Street and westward of the centre of South Street ; and The said Saint David's Ward to comprise all that part of the paid Town which lies southward of the centre of £ast Street and eastward of the centre of south Street. 9. London. — To consist of all that part of this Province situate within the County of Middlesex, and lying within the following limits, that is to say : All the lands comprised within the old and new surveys of the said Town, together with the lands adjoining thereto, lying between the said surveys and the River Thames, producing the northern boundary line of the new survey, until it intersects the north branch of the River Thames, and producing the eastern boundary line of the same new sur- vey, until it intersects the east branch of the River Thames. The said Town to be divided into Four Wards, to be called respec- tively Saint George's Ward, Saint Patrick's Ward, Saint Andrew's Ward, and Saint David's Ward, and to comprise the following portions of the said Town respectively, that is to say : The said Saint George's Ward to comprise all that part of the said Town which lies north of the Northern Line and continuation of Hitch- cock and Duke Streets. The said Saint Patrick's Ward to comprise all that part of the said Town which lies between King Street and Saint George's Ward aforesaid. The said Saint Andrew's Ward to comprise all that part of the said Town which lies between Horton Street and Saint Patrick's Ward afore- said ; and along Peel lam Road ; tuate within at is to say : a Road pro- 3, northerly ur; thence, iitland, to a itersects the f along the ill ; thence, al windings f southerly, tersects the ly along the !e, due west, r beginning. lied respec- it Andrew's ing portions of the said id westward of the said eastward of of the said d westward e Paid Town ward of the tuate within nits, that is of the said een the said undary line ' the River 16 new sur- ed respec- ew's Ward, ions of the of the said n of Hitch- said Town oresaid. of the said Vard afore- LIMITS OP TOWNS. The said Saint David's Ward to comprise all that part of the said st. Darid'i 71 Town which lies south of Horton Street. VVnrd. Niagara. at. Lawrence Ward. St. Reorge's Ward. 10. Niagara. — To consist of all that part of this Province situate within the County of Lincoln, and lying within the following limits, that is to say: Commencing at Missisagua Point ; thence westerly, along Lake Limiu. Ontario to Crookston ; thence, along the rear or Town line of Niagara to the Black Swamp road ; thence, along the eastern limit of the lands of the late Thomas Butler, Esquire, deceased, and the lands of Garret Slingerland, to the north-west an^le of the lands of John Eccleston ; thence, easterly, to where the lands formerly owned by the Honorable William Dickson and the late Martin McLennon, deceased, come in contact ; thence, easterly, along the northern boundary of the lands of the said Martin McLennon, deceased, to the River Niagara ; thence, northerly, down the said Niagara River to the place of beginning. The said Town to be divided into five Wards, to be called respectively, Wardi, ilve Saint Lawrence Ward, Saint George's Ward, T ;nt Patrick's Ward, Saint David's Ward and Saint Andrew's Ward, and to comprise the following portions of the said Town respectively, that is to say : The said Saint Lawrence Ward to coiriprise all that part of the said Town which lies south of the centre of the Street tailed King Street, which runs directly from the River Niagara, and commencing at the house now occupied by Mr. Walter Elliot, or the Lower Ferry, and ter- minating at the western limit of the Town. Th« said Saint George's Ward to comprise all that part of the said Town which lies north of the centre of the Street forming the northern boundary of Saint Lawrence Ward, and south of the centre of the next parallel Street. The said Saint David's Ward to comprise all that part of the said st. David'g Town which lies north of the Street forming the northern boundary of Ward. Saint George's Ward, and south of the centre of the next parallel Street The said Saint Patrick's Ward to comprise all that part of the said st. Patrick's Town which lies north of the Street forming the northern boundary of Ward. Saint David's Wafd, and south of the centre of the next parallel Street. And the said Saint Andrew's Ward to comprise all that part of the said Snint Andrew's Town which lies north of the Street forming the nerti;ern boundary of Ward. Saint Patrick's Ward. 11. Peterborough. — ^To consist of all that part of this Province situate within the County of Peterborough, and lying within the following limits, that is to say : Comprising all the lands in the Government Surveys of the present Town of Peterborough, and lying north of Townsend Street, and east of Park iStreet to the centre of the River Otonabee, as the eastern limit of the said Town, and to the centre of the allowance for road forming the boundary line between the Townships of Monahan and Smith, as the northern boundary of the said Town — And 'livided into four Wards, to be called East Ward, North Ward, Wards, four. Centre Ward, and South Ward, and to comprise the following portion of the said Town respectively, that is to say : The said East Ward to comprise all that part the said Town which East Ward. lies east of George Street. The said North Ward to comprise all that part of the said Town which North Ward, lies west of George Street and North of Brock Street. Pbterborooob. Limits. 72 MUNICIPAL CORPORATIONS. Centre Ward. Sou'ih Ward. Pk.tok. Limits. Wardi, three. Hallowell Ward. Brocic Ward. Tecumscth Ward. Port Hope. Limits. The laid Centre Ward to comprise all that part of the said Town which lies west of George Street, south of Brock Street and north of Simcoe Street. And the said South Ward to comprise all that part of the said Town which lies west of George Street and south of Simcoe Street, including the Government Reserve south of the said Town. 12. Picton. — To consist of all that part of this Province situate within the County of Prince Edward, and lying within the following limits, that is to say : Commencing on the south side line of Lot letter A, at a distance of fifty chains from the front of the Let ; thence, across the said Lot, and across Lot number one, north, sixty-four degrees forty-five minutes east, to a post planted on the limit between Lots numbers one and two in tht first Concession, north of the Carrying Place ; thence, at a right angle across Lots numbers two, three and four in the s^id Concession ; thencr;, along the north-east side of Lot number four to the Bay ; th. -ice, directly across the Bay to the line between Lots numbers seventeen and eighteen in the first Concession east of the Carrying P' "<); thence, along the water's edge to the limit between Lots numbers ...leteen anu twenty in the said Concessio;;! ; thence, along the limit between the said Lots in a south-easterly direction, twelve chains ; thence, at right angles across the easterly half of Lot number twenty ; thence, in a south-east- erly direction along the centre of the said Lot number twenty, nine chains, more or less, to the east side of John Street, thirty chains ; thence, north, eighty degrees twenty minutes west, fourteen chains forty links, more or less, to the east side of Church Street ; thence, south, twelve degrees forty-five minutes east, one chain sixty-five links; thence, south, forty-nine degrees fifteen minutes west, fifteen chains fifty links ; thence, south, thirty-two degrees west to the north-eastern limit of Lot number one in the Concession south-east of the Carrying Place ; thence, north, eighty-degrees twenty minutes west, along the north-east side line of the said Lot number one to the front of the Lot ; thence, north, eighty-seven degrees forty-five minutes west, sixty chains, more or less, to a post on the limit between Lots numbers twenty-one and twenty-two in the third Concession, military tract ; thence, along the westerly side line of the said Lot number twenty-two, twenty-four chains seventy-four links, more or less, to Lot letter A aforesaid ; thence, in a direct line to the place of beginning, including the Harbor in the above mentioned boundaries. The said Town to be divided into three Wards, to be called, respec- tively, Hallowell Ward, Brock Ward and Tecumseth Ward, and to comifrise the following portions of the said Town, respectively, that is to say : The said Hallowell Ward to comprise all that part of the said Town which lies west of Bowery Street. The said Brock Ward to comprise all that part of the said Town which lies east of the said Bowery Street and north of the Bay. And the said Tecumseth Ward to comprise all that part of the said Town which lies on the south side of the Bay. 13. Port Hope. — To consist of all that part of this Province, situate within the County of Durham, and lying within the following limits, that is to say : Composed of Lots numbers four, five, six, seven and eight, nnd the east half of Lot number nine in the first Concession of the Township of Hope, and the broken fronts of the said Lots and Half-lot, together with all those parts of Lots numbers four and five in the second Concession i-eastern Carrying ong the le Lot; sixty numbers tract ; ty-two, etter A icluding he said situate limits, nd the ship of jr with session Second Ward. Third Ward. LIMITS OF TOWNS. - 73 of the said Township of Hope, with the road allowance between the said first and second Concessions, and butted and bounded as follows) that is to say : Commencing in rear of the first Concession at the north-east angle of LJmita. Lot number four in the first Concession ; thence, in a northerly direc- tion, across, the said allowance for road, to the south-east comer of Lot number four in the second Concession ; thence, northerly, along the easterly side of the said Lot number four in the second Concession, fifteen chains ; thence, westerly, in a course parallel with, the front of the said second Concession, twenty-five chains ; thence, southerly, in a course parallel with the said line of Lot number four in the second Concession aforesaid, sixteen chains, more or less, to the rear line of the first Con- cession ; thence, easterly, along the rear of the first Concession to the place of beginning, and also the water in front thereof to the distance of one-fenrth of a mile into Lake Ontario. The said Town to be divided into three Wards, to be called respeo- Wardi, three, tively, First Ward, Second Ward, and Third Ward, and to comprise the following portions of the said Town, respectively, that is to say : The said First Ward, to comprise all that part of the said Town which ^'"* Ward, lies east of the River. The said Second Ward to comprise all that part of the said Town which lies west of the River and south of Walter Street, continued wes- terly by Ridout Street, and the front or Lake Shore Road to the western limit of the said Town. And the said Third Ward to comprise all that part of the said Town which lies west of the River and north of Walter Street, continued wes- terly by Ridout Street, and the said front or Lake Shore Road to the western limit of the said Town. 14. Prescott. — To consist of all that part of this Province situate within P""*""- the County of Grenville, and lying within the following limits, that is to say: Commencing at the south-eastern angle of the Township of Augusta ; Limiu. thence, north, twenty-four degrees west to the rear of the first conces- sion of the said Township ; thence, south-westerly, along the said con- cession line to the limit between the east and west half of lot number five in the first concession of Augusta aforesaid ; thence, south, twenty- four degrees east to the river St. Lawrence ; thence, north-easterly, along the water's edge to the south-eastern angle of the said Township to the place of beginning, and shall take in so much of the waters of the river St. Lawrence and the land under the wharves and buildings built in such waters, as lie within three hundred yards in every direction of the water's edge in front of the present limits of the said Town — And divided into two Wards, in the following manner, that is to Warda, two. say: All that part of the Town on the east side of the street called Centre street, leading from the river St. Lawrence to the rear line of the said Town, shall compose the East Ward ; and all that part of the Town on the west side of the aforesaid street called Centre street, shall compose weit Ward, the West Ward. 15. Saint Catharines. — To consist of all that part of this Province St. Catharines. situate within the County of Lincoln, and lying within the following limits, that is to say : Commencing at the north-east angle of lot number sixteen, in the Limiti. sixth concession of the Township of Grantham, on Charles Roll's farm : thence, south-westerly, along the road as now laid out, one hundred and EaHt Ward. '-r of Crown Lands, and which is composed of lots numbers twenty-two, twenty-three, twenty-four and twenty-five, in the second, third and fourth concessions of the Township of Goulburn, ip the said County of Carleton, and all allowances for road between such lots." RK'IIMOMD, 80 Village boun- daries. CnirrEWA. TUOROLD. DIVISION OF COUNTIES. [ESTABUSHED BY PROCLAMATION, DATED 29tH SEPTEMBER, 1849.] 5th. Chippewa. — To consist of all that part of this Province situate within the County of Welland, in Upper Canada, and lying within the following limits, that is to say : " Commencing at the Niagara River, in the Township of Stamford, at a point in a direct easterly line with the stake and ridered rail-fence, immediately north of the Episcopal Church; thence westerly to a point ten chains west of Pell's Creek, in the Town- ship of Stamford, always keeping an equal distance from the River Welland with the said rail-fence ; thence southerly crossing the River Welland to the west side of the Sodom Road, in the Township of Wil- loughby, at the west angle of the said road with Lyon's Creek Road, thence southerly along the said Sodom Road twenty chains ; thence easterly parallel with the Rirer Welland to the Niagara River, always keeping at the distance of twenty chains from the said River Welland ; thence alon^ the margin of the said River Niagara, passing the River Welland at its mouth, to the place of beginning." 6th. Thorold. — To consist of all that part of this Province situate within the County of Welland, in Upper Canada, and lying within the following limits, that is to say: "Commencing at the Township Line between Grantham and Thorold, at the north-east angle of lot number eight ; thence south until it intersects the road leading from Queenston to the Beaver Dams, at Mistress Wormers ; thence along the said road westerly crossing the Swing Bridge and Canal, until it intersects Pine Street ; thence north along said Street to the Concession Line at the north end of lot number thirty ; thence west along said concession to the line between lots numbers seventeen and eighteen to Mile Street, passing the Roman Catholic Church ; thence along said Mile Street west to the road leading from St. Catharines to the Beaver Dams ; thence north alons said road to the said Town Line between Grantham and Thorold ; thence along said Town Line to the place of beginning." DIVISION OF COUNTIES, UPPER CANADA. ACT 12 VIC, CAP. 78. An Act for abolishing the Territorial Division of Upper Canada into Districtt, and for providing for temporary Unions of Counties for Judicial and other purposes, and for the future dissolutions of such Unions, as the increase of wealth and population may require. [30th May, 1849.] Preamble. 'mTffT'HEREAS by reason of the subdivision of Districts in that part of W this Province called Upper Canada, the boundaries thereof have, in many cases, become identical with the boundaries of Counties, and there being no longer any sufficient reason for continuing such territorial division in that part of the Province, it is expedient to abolish the same, and, following in this particular the Mother Country, to retain only the name of County as a territorial division for judicial as well as all other purposes, providing at the same time for temporary Unions of Counties for judicial and other purposes, and the future dissolution of such Unions as the increase of wealth and population may from time to time require : Be it therefore enacted by the Queen's Most Excellent Majesty, by and DISTRICTS ABOLISHED. UNIONS OP COUNTIES. 81 with the advice and consent of the Legislative Council and of the Legis- lative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act tore-unite the Provinces of Upper and Lower- Canada, and for Vie Government of Canada, and it is hereby enacted by the authority of the same, That this Act shall come into and be in operation upon, from and Cominencement after the first day of January, in the year of our Lord, one thousand eight o*" t*"" Acu hundred ^^^^ fifty. I. ABOLITION OF DISTRICT DIVISIONS. IL And be it enacted, That the division of that part of this Province called Upper Canada/into Districts for judicial and other purposes, shall be and the same is hereby abolished. III. And be it enacted. That the Courts, Court Houses and Gaols, heretofore called District Courts, Court Houses and Gaols, shall from henceforth be called County Courts, Court Houses and Gaols, and the District Grammar Schools, County Grammar Schools, and all and sin- gular the Offices and Officers now appertaining to the said Districts shall henceforth belong and appertain to the said Counties respectively, and whenever the said Offices or Ofllcers have the title or denomination of Offices or Officers, of or for the District, they shall henceforth have the title or denomination of Offices or Officers of or for the County ; and all laws at present in force, or during the present Session of Parliament made or to be made applicable to the said division of territory by the name of Districts, or the Courts, Offices or other Institutions thereof, shall be applied to and have the same operation and efiisct upon the said Counties and their respective Courts, Offices and other Institutions, as Counties. IV. And be it enacted, That the Courts of Assize and Nisi Prius, and Oyer and Terminer, Gaol Delivery, Sessions of the Peace and District Courts, shall be held in and for the said Counties, as such Courts are now held for the diff"erent districts in Upper-Canada, and that the name County shall be used in designating such Courts, and also i*-; all legal proceedings where the name District is now, or by any Act passed or to be passed during the present Session of Parliament, shall be uf-u-'. IL UNIONS OF COUNTIES FOR JUDICIAL AND OTHER PURPOSES. V. And be it enacted. That the Counties mentioned 'n tho Gcheduid to this Act annexed, marked A, shall, for all judicial and m;inicinal purposes, and for all other purposes whatsoever, excej.t for the purpose of Representation in the Provincial Parliament, and that of the Regis- tration of Titles, be formed into Unions ab in the said Schedule particu- larly set forth, and each of such Unions under the name of the Uiwted Counties of and {naming them) shall for all such purposes (except as before excepted) have all Courts, Offices and Institutions established by law and now pertaining to Districts, or which by any Act passed or to be passed during the present or any future Session of Parliament, shall or may be established for Counties in common between them, so long as such Counties shall remain so united as herein provided. VL And be it enacted, That the County property of all such United Counties shall, so long as such Counties remain united, be the common property of such United Counties, in whichever of such Counties the same may be pituated. Districts abolished. District CourtSi &e., to lieconie County Courts, &c. LnWB applicable to DiBdictK to apply to Coun- ties. Courts of Assize, &c., to be held in and for Counties. 'Certain Counties tobf; united for purposes other than Representa- tion £i!d Regis- tratioii of Titles, (0 have Courts, &c., in common. As to properly of United Countiesr v:? 3 =y;x\ ■■'■■ -ni-' w t^ t'^\ I I 82 DIVISION OF COUNTIES. Mode of describ- ing any United County in laying a Venue. Laws relative to Districts to apply to Unions of Counties. VVIiich shall be cnllpd the Senior County. Townrecves of a Junior County may be made tlic Provisional Council of the County, provided certain condi- tions be complied with. VII. And be it enacted, That inlaying the Venue in any judicial proceeding in which the same may be necessary in any County which may be so united to any other County, or Counties as hereinbefore pro- vided, the same shall be laid in such County by name describing it, as one of the United Counties of and (naming them), and for the trial of any issue, or for the assessment of damages, in the course of any such judicial pioceeding, when such issue shall be tried or such damages assessed by Jury, the Jury shall be sum- moned from the body of the United Counties, as if the same were one County. VIII. And be it enacted. That during the continuance of any such Unions of Counties, all Laws now existing and applicable lo Districts, and all Laws hereafter to be made, whether during the present or any future Session of Parliament, and applicable to Counties generally in relation to any matter whatsoever, except only Representation in the Provincial Parliament, and Registration of Titles, shall, to all intents and purposes whatsoever, apply to every such Union of Counties, as if such Union formed but one County. III. DISSOLUTION OF UNIONS OF COUNTIES. IX. And be it enacted. That in all the Unions of Counties provided for by the fifth Section of this Act, the County withit* thelimits of which the Court House and (Jaol, heretofore the District Court House and Gaol shall be situated, shall be deemed the Senior County of such Union, and the other County or Counties, the Junior County or Counties thereof. X. And be it enacted, That so soon as by the census taken according to any Act of Parliament now in force, or hereafter to be in force, for taking a census of the inhabitants of tnis Province, or of that part of it called Upper-Canada, it shall appear that any Junior County of any such Union of Counties, as is provided for by the said fifth Section of this Act, contains a population of not less than mteen thousand souls, it shall and may be lawful for the Governor of this Province, by an Order in Council upon the Petition of two-thirds or more of the Townreeves for the time being of such Junior County, if he shall deem the circumstances of such Junior County such as to call for a separate establishment of Courts, and other County Institutions, to issue a Proclamation under the Great Seal of this Province setting forth the same, Proviso: Petition must be adopted by two thirds wf the Townreeves after being adopted at two yearly meetings. Of whom the Provit'ona! Council shall consist. Provisional Council may naming a place within such Junior County for a Connty Town, and erecting the Townreeves for such Junior County, then elected or thereafter to oe elected for the same, into a Provisional Municipal Council for such Junior County, and declar- ing such Municipal Council a Provisional Municipal Council, under the authority of this Act, until the dissolution of such Union of Counties as provided for by this Act : Provided always, nevertheless, firstly, that no such petition shall be presented or acted upon, unless adopted and signed by such two-thircfs, in the month of February after their election or ^pointment, nor until a resolution declaratory of the expediency of Presenting such petition shall have been adopted by a majority of such ownreeves for the time being, present at two several meetings to be called for that purpose, by a majority rf such Townreeves for the time being, the one to be held, some time in the month of February, in the year next but one preceding that in which such petition shall have been so adopted and signed, and the other in the month of February in the year next preceding such last mentioned year: Provided also, secondl)', that every such Provisional Municipal Council shall, from time to time, and at all times during its continuance as such, consist of the Townreeve? for the several Townships, Villages and Towns in such Junior County. XI. And be it enacted. That every Provisional Municipal Council erected by Proclamation as aforesaid, shall have all the powers in, over, DISSOLUTION OF UNIONS. and with respect to such Junior County as are now by Law vested, or as hereafter may by Law be vested in the different Municipal Councils in Upper-Canada, so far as the same shall or maybe requisite, for the pur- chase or procuring of the necessary property on which to erect a Court House and Ga«l, — for the erection of such Court House and Gaol, — and for raising, levying and collecting the necessary moneys to defray the expenses of the same, and for remunerating the Provisional Omcers employed or to be employed in or about the same : Provided always, that nothing herein contained shall extend or be construed to extend in any way to interfere with the powers of the Municipal Council of such Union, but all moneys to be raised by such Provisional Municipal Council as aforesaid, shall be independent of, and in addition to, any moneys that may be directed to be raised by the Municipal Council of such Union, under the powers in them vested or to be vested by La* .'. parchaie proper- ty for Court Houses Hiid Gaols, nnd raise money Tor that purpose. Proviso as to powcri of the Council of the Union. , over. XII. And be it enactedj That every such Provisional Municipal Council shall have power in their discretion to appoint a Provisional Warden, a Provisional Treasurer, and such other Provisional Officers for Such County as they may deera necessary for the purchase or procuring of such property, — the erection of such Court House and Gaol — the safe keeping of such moneys, — and the protection and preservation of such property when thus acqiiired ; which Provisional Warden, Treasurer ancf other Provisional Officers shall hold their offices during the pleas- ure of such Provisional Municipal Council. XIII. And be it enacted. That every such Provisional Municipal Council shall be a Body Corporate by the name of the Provisional Muni- cipal Council of the County of (jiaming it,) and as such, shall have all Corporate powers necessary for the purpose of carrying into effect the object of their erection into such Provisional Municipal Council as herein provided, and none other. XIV. And be it enacted. That all moneys directed to be assessed, levied and collected upon such Junior County by any By-law of such Provisional Municipal Council, shall be assessed, levied and collected by the same persens and in the same manner as the moneys directed to be assessed, levied and collected by the Municipal Council of the Union to which such County shall belong, and shall be paid over by the Col- lector thereof to the Provisional Treasurer of such Junior County in the like manner as other moneys are payable over to the Treasurer of such Union : Provided always, firstly, that every Collector of such moneys shall be entitled to neduct and apply to his own use, for the trouble and responsibility of saoh collection, a sum equal to two and a half per cen- tum upon the moneys paid over by him to such Provisional Treasurer as aforesaid, and no more : Provided also, secondly, that the moneys so collected shall in law and equity be deemed and taken to be moneys collected for such Union, so far as to charije every such Collector with the same, and to render him and his sureties responsible to such Union for such moneys : And provided also, thirdly, tnat all such moneys recovered or received by anysuch Union from any such Collector or his sureties, shall, after deducting the expenses of collection, be accounted for to such Junior County, and paid over to the Provisional or other Treasurer thereof, so soon as the same shall be received. XV. And be it enacted, That so soon as any such Provisional Muni- cipal Council for any such Junior County as aforesaid, shall have pur- chased or procured the necessary property, at the County Town of such County, and erected thereon stutable tuildinga for the purposes of a Court House and Gaol, adapted to the wants of such County, and in con- formity with any statutory, or other ruh.s or regulations in force respect- ing such buildings generally in Upjrer-Canada, it shall and may bo ji'rovisional Officers may be appointed for such purpose. Provisional Council to be a Corporation. How moneys directed to be raised shall be levied, &c. Proviso . per centage to Col- lector. Proviso : Collec- tors liable is for moneys of the Union. Moneys to be accounted for to Junior County. Junior County and Union to make agreement ns to I agrci dtbt. " ai *^ 84 DIVISION OF COUNTIES. Wliomay voteas to such agree- ment. Arbitration for default of agree- ment. Third Arbi'ratoi how appoiotcd. ProvisL ; C! ,v/or- nor inCout ; !! tc appoint an Arbi- trator in dc jult of either Council. Award to be sub- ject to jurisdiC' tion of Queen's Bench. Settled portion ntidue by Junior Couniy to bear interest and be provided for as other debts. Asaessnients for the year of sepa- ration to belong to the Union. Appointment of Sheriff, Judges, Justices, &c., in the Junior County after reparation. lawful for such Provisional Municipal Council to enter into an agreement with the Municipal Council of the Union to which such Junior County shall belong, for the adjustment and settlement of the proportion, if any, of any debt due by snch Union^ and which it may be just that such Junior County, on its being disunited from such Unica, should take upon itself, with the time or times of payment thereof; and every such agree- ment, so entered into, shall, both in law and equity, be and continue to be binding upon such Junior County, and upon the County or Counties from which it shall be disunited : Provided always, firstly, that none of the Members of the Municipal Council of such Union, who shall also be Members of the Provisional Municipal Co cil of such Junior County, shall take any part or give any vote in the Municipal Council of such Union, on any questioner matter touching or concerning such agreement or any proposal connected with the same : Provided also, secondly, that in default of the said Municipal Councils entering into any such agree- ment, the proportion of such debt, to be assumed oy such Junior County shall be settled by the award of three Arbitrators, or the majority of them, to be appointed so soon as such .property shall have been pur-, chafed or procured, and such Court House and Gaol erected, as follows, v'L.at is to say, one by the Municipal Council of such Senior County or Union of Counties, and the other by the Provisional Municipal Council of : uch Junior County, and the third by such two Arbitrators thus appointed: or in the event of such two Arbitrators omitting to appoint such ihird Arbitrator within ten days next after their own appointment, .'.hen " ly the Governor of this Province in Council : Provided also, thirdly, ihf»t in case either such Municipal Councilor such Provisional Munici- T.iil C"'inc;l, shall omit for one calendar month after they shall have been r,al!«'i pon for that purpose by the other of .such Couiicila, to appoint an Arbti'^itor on their part as above provided, it shall and may be lawful for the (rovernor in Council to appoint an Arbitrator on the part and behalf of such Municipal Council, or Provisional Municipal Council so neglectuig or omitting to appoint such Arbitrator, who shall, in such case, have all the same powers as if he had been appointed by such Muni- cipal Council, or Provisional Municipal Council, as the case may be : And provided also, fourthly, that every such submission and award shall be subject to the jurisdiction of Her Majesty's Court ef Queen's Bench for Upper Canada, in like manner as if the same were by bond with an agreement therein, that such submission might be made a Rule of that Court : And provided also, fifthly, that the portion, if any, of such debt so agreed upon or settled, shall be a debt due from such Junior County to th^ County or Counties from which it shall have been disunited, and shall bear legal interest from the day on which the Union shall be actu- ally dissolved, a'.; hereinafter provided : and its payment shall be provi- ded for by the Municipal Council of such Junior County, after the disso- lution of such Union, in like manner as is or shall be required by law, with respect to other debts due by snch Municipal Council, in common with others, and in defauU there . may oe sued for and recovered as any of such other debts. XVr. And be it enacted, Tha^ nil assessments imposed by the Muni- cipal Council of any such Union, for the Calendar year in which any Proclamation for disuniting any Junior County from such Union shall issue, as hereinafter mentioned, shall belong to such Union, and shall >>« collected, accounted for, and paid over accordingly. XVII. And be it enacted, That so soon as may be after such Pro- visional Municipal Council shall make it appear, to the satisfaction of the Governor of this Province in Council, that such property has been purchased or procured, and such Court House and Gaol erected, and the J)roportion of the said debt (if any) to be assumed by such Junior County DISSOLUTION OP UNIONS. 85 m zh Pro- tion of ; been nd the County by the e^heriflTiinilur ActofU. C. 3. W. 4 c. 8. shall have been adjusted or settled as aforesaid, a Judge, a Surrogate, a Sheriff, at least one Coroner, a Clerk of the Peace, and, at least, twelve Justices of the Peace, shall be appointed foi such Junior County, with a proviso in the Commissions appointing them respectively, that such Commissions respectively shall not take effect or be in force until the day on which such Counties shall be disunited, as hereinafter provided: Provided always, nevertheless, that the sureties to be given by such Proviao ns lo the Sheriff, as required by the Act of the Parliament of the late Province of "^"J^''^^'?,,]!* Upper-Canada, passed in the third year of the Reign of His late Majesty *-^''"- " King William the Fourth, numbered chapter eight, and intituled, An Act to make certain regulations relating to the office of Sheriff in this Province^ and to require the several Sheriffs of this Province to give security for the due fulfilment of the duties of their office, and the affidavit of his qualification in respect of prop?^rty required by the same Act, shall not be required to be entered into, made, or given, by any such Sheriff so appointed, whhin the time specified in tnat Act, but shall be entered into, and made and given witnin the flrst six calendar months next after the Commission of such SherifiT shall take effect as aforesaid, and in default of the same being duly entered into, made and given, within such six months, such Sheriff shall, ipso facto, forfeit his office, XVIII. And be it enacted, That so soon as such appointments shall be so made as aforesaid, it shall and may be lawful for the Governor of this Province in Council, by Proclamation under the Great Seal thereof, to declare such Junior County disunited from such Union, upon, from and after the first day of January which shall occur next after three calendar months after the teste of such Proclamation, and such Junior County shall, upon, from and after such first day of January, to be so named in the said Proclamation, as aforesaid, be, to all intents and pur- Eoses whatsoever, disunited from such Union, and if such Union shall ave consisted of only two Counties, such Union shall, upon, from and after such first day of January, be absolutely dissolved ; and if of more than two Counties, the remaining Counties shall remain united, and thereupon the said Provisional Municipal Council of such Junior County shall, upon, from and after such day, lapse and be absolutely dissolved, and none of the Courts or Officers of the Senior County, or of the Union, shall, as such, have any jurisdiction or authority whatsoever in or over the said Couuiy so disunited from such Union, as aforesaid; any thing in their respective Commissions, or in any Act of Parliament, either of this Province or the late Province of Upper-Canada, to the contrary not withstanding. XIX. And be it enacted. That upon the disuniting any such Junior County from any eiiich Union, there shall be a separate Registry of Titles for such County as for other Counties generally in Upper-Canada. XX. And be it enacted, That upon the disuniting any such Junior County from any such Union, all the Public Property of such Union not situate, lying and being within such Junior County, shall, ipso facto, become the sole property of, and be thereupon vested in the remaining County or Coullties of such Union, and all the public property of such Union situate, lying and being within the limits of such Junior County, shall, ipso facto, become the sole property of and be thereupon vested in such Junior County. XXI. And be it enacted, That all Actions, Informations and Indict- ments, pending at the time so appointed by Proclamation for the dis- uniting such Junior County from such Union, shall be tried in the Senior County, unices by order of the Court in which the same shall be pending in Term time, or of some Judge thereof in vacation, the Venue therein shall be changed to the Junior County, which change every such Court On let Jnnuary next after the ctivl of two inoiitha from the date of It Proclaini.,ioii to be isiued in that behalf, ihe l^nion shall be dissolved, dec. As to remaining Counties if the Union was of more ilian two. Separate Regis try of deeds for Junior Counties Property of the Union in either County 10 be- con:e the proper- tyof that County. Provisions as to actions, 4tc., peiidinft nt tlie dissolution of any Union. 4 I i t >L ; tt\ w m Ml 'i . t iM 86 DIVISION OP COUNTIES. rroeeedingH if the Veiiuu be changed. I^awi npplicablo to Gaoli and Court Houses to become applica- ble to those in the Junior County, tee. Certain Counties to consist of all the Townships within their area for all pur- poses. Oneida and Seneca attached to Weniworth for certain pur- poses. Raiohnia and > Walpole attach- ed to Norfolic for ccrtaiu purposes. How certain Counties are to be formed for all purposes. Proviso. Uow Cities are to be formed for purposes of Hepre»entation. or Jud^e, is hereby authorized to grant and direct, either on the consent of parties, or in their or his discretion, on hearing such parties to tho point by affidavit or otherwise. XXII. And be it enacted, That upon any such change of Venue, the records and papers of every such Action. Information and Indictment shall, wrhen necessary, be transmitteJtotneproper Offices of such Junior Couoty. XXIII. And be it enacted, That all and every the Rules and Regula- tions, provisions matters and things contained in any Act or Acts of the Parliament of this Province, or of the Parliament of the late Province of Upper-Canada, for the Regulation of or relating to Court Houses and Gaols, or either of them, which shall be in force and operation at the time so appointed by Proclamation for disuniting such Junior County from such Union as aforesaid, shall be and are hereby extended to the Court House and Gaol of such County so disunited as aforesaid, and the said Courts of Assize, Nisi Prius, Oyer and Terminer. Gaol Delivery, Sessions of the Peace, County, Surrogate, and every other Court of the said Junior County required to be held at a certain place, shall be com- menced, and from time to time holdeii at the Court House so erected and declared to be- the '.'c'urt House of such County by such Proclamation as aforesaid, or any other that may be lawfully substituted for the same. XXIV. And whereas the Counties mentioned in the Schedule to this Act annexed marked C. comprehend one area of territory for some pur- poses, and another and different area for other purposes : And whereas such . diversities are inconvenient and should be discontinued — Be it enacted. That the several Counties mentioned in the said Schedule marked C, shall^ as well for the purposes cf Representation, and the Registration of Titles, as for Judicial, Municipal, and all other purposes whatsoever, consist of and include the Townships and places mentioned as lying therein^ the said Schedule C, and such other Townships and places as from time to time may hereafter be attached thereto according to Law. XXV. And be it enacted. That for judicial purposes only, the Town- ships of Oneida and Seneca shall remain attached to and form part of the County of Wentworth so long as the County of Haldimand shall remain united to the County of Lincoln, and no longer. XXVI. And be it enacted, That for judicial purposes only, the Town- ships of Rainham and Walpole shall remain attached to and form part of the County of Norfolk so long as the County of Haldimand shall remain united %o the County of Lincoln, and no longer. KXVII. And be it enacted, That the several Counties in Upper-Canada not mentioned in the Schedule to this Act annexed marked C, shall, as well for the purpose of Representation and the Registration of Titles, as for Judicial, Municipaland all other purposes whatsoever, consist of and include the several Townships, Villages, Towns and placesof which for the purpose of Representation, such Counties are now by Law declared to consist, and such other Townships and Places as from time to time may hereafter be attached thereto according to Law : Provided always nevertheless, that nothing in this Section contained shall inter- fere, or be construed to interfere, with the union of certain of such Counties for the purposes of Representation in Parliament as hereinafter mentioned. "XXVIII. And be it enacted, That for the purposes of Representation in the Provincial Parliament, the City of Toronto and the Liberties thereof shall form no part of the County of York ; the City of Kingston and the Liberties thereof, no part of the County of Fronlenac ; and tha /anada shall, Titles, fisist of which ' Law Toronlo, King- iton and Hninil- ton, united to their eouniieifor Judicial purpoiei. MISCELLANEOUS PROVISIONS. City of Hamilton and the Liberties thereof, no part of the County of Wentworth ; and the Towns of Niagara, Cornwall, Brookville, London and Bytown, no part of the respective Counties of Lincoln, Stormont, Leeds, Middlesex, or Carleton, within the bounds of which such Towns are respectively situated. XXIX. And be it enacted, That the Cities of Toronto, Kingston and Hamilton, with their respective Liberties, shall for all Judicial purposes except as hereinafter excepted) be united to the following Counties respectively, that is to sav : the said City of Toronto and the Liberties thereof to the County of York ; the said City of Kingston and the Liber- ties thereof to the County of Frontenao ; and the said City of Hamilton and the Liberties thereof to the County of Wentworth ; excepting always nevertheless, as respects such Cities and the Liberties thereof, such Exception* Judicial Powers and Provisions as are comprehended in the respective Legislative Charters of such Cities respectively, or such powers and provisions as may be so comprehended in any Act or Acts for amending those Charters or any of them, or in any general Act for that purpose applicable to the whole of such Cities in general, or in any other Act or Acts applicable to them, or any of them in particular. IV. MISCELLANEOUS AND TEMPORARY PROVISIONS. XXX. And be it enacted. That the Townreeves of th« different Townships, Unions of Townsnips, Villages and Towns in the Counties of Kent and Lambton, shall form a Provisional Municipal Council for such Counties as United Counties, and such Provisional Municipal Council shall, with respect to such Counties, have, possess and exercise all and singular the rights, powers, privileges and dtities hereby confer- red, granted or imposed upon Provisional Municipal Councils generally, erected by Proclamation under the authority of this Act, and also all such powers as by an Act of the Parliament of this Province, passed in the Session held in the tenth and eleventh years of Her Majesty's Reign, intituled. An Act to divide the Western District of the Province of Cancuia, and for other purposes therein mentioned, were conferred upon the Town- ship Cu.'incillors of the different Townships of the said Counties : and sucti Provisional Municipal Council shall be charged with and liable to any debt that may have been contracted by competent authority on behalf of the District by that Act intended to be erected ; and the Muni- cipal Corporation of such United Counties, both Provisional and Perma- nent, shall and they are hereby required to provide for the payment of every such debt, and in default of their doing so, the same shall 87 Proviiion at to (he United Counties of Lambton and Keut. Act 10 tc 11 V. c. 30. I I and may be sued for, recovered and levied by rate or otherwise, as in the case of debts of any other Municipal Corporation in Upper Canada. XXXI. And be it enacted. That so soon as the Court House and Gaol, now in course of being erected under the authority of the said Act of Parliament last mentioned, shall have been completed, according to the provisions of the said Act, and the other provisions of the fifteenth Sec- tion of this Act, shall have been complied with by the said United Counties of Kent and Lambton, it shall and may be lawful for the Governor of this Province in Council to issue a Proclamation, dissolvinc the Union between the said United Counties of Kent and Lambton and the County of Essex, and from thenceforth the said United Counties of Kent and Lambton shall form a Union of Counties, and all the provi- sions of this Act applicable to Unions of Counties in general shall be applicable to such Union to all intents and purposes, as if such United Counties were set forth as such in the Schedule to this Act annexed marked A. Further provis- ion in regard to tlie United Counties ofKent and Lambton. .1 88 DIVISION OP COUNTIES Provlaioii Hi to peniling actioiiH and ollw r jifo- ceedinKii in the )itt)iieiuPii(ricti. Refi;:il, Towiuepv»» ill each of t'le countiei of llaliliiiiaiid and Wflland 10 lie a Provisional Council, &.C. k iion I ling the ' L of the ..J4i lilies of Lin- coln, :?aldiinand and VVeli.ind. .5: ?f XXXfT. And be it enacted, That all actions, informations, indict- m Ills, inquisitions and other proceedings, of what naturo or kind H. ver. whether of a judicial or any other cnuracter, now pending in the Beveral Districts in Upper-Canada, shall from henceforth be deerned ai"\ takc'/i to all intents and purposes whatsoever, to be pending in U. ^ Counties or Unions of Counties, to which they are respectively trans- ferred, as respectively set forth in the Schedule to this Act annexed marked B, as if the same had been originally instituted and pre. ■ ul^d with in such Counties or Unions of Counties respectively, and th af- ferent Courts, Officers and other Authorities in which or before whom the same shall be respectively pending, shall take such order respecting the same as may b(» necessary or expedient for the proper disposition of the same* according to law, without prejudice to the parties interested or affected, or any of them, from the abolition of such Division int Dis- tricts, and the establishment of a Division into Counties in lieu tht, of, as hereir) provided, XXXIII. Ard v/heroas divers of the inhabitants of each of the two Counties of Hl Idimaiul and Welland, the Junior Counties of the United Counties of Lincoln, Haldimand and Welloiid, have petitioned Par- liament to be set apa for judicial and other purposes, and the sense of the said two Counties respectively being in favour of such separation, and their wealth and population being sufFicient to entitle them to the same, ac( ling to the piovi ;ions of this Act, for the dissolution of such Unions, it i^jpears expedient that provision should be at once made for enabling such two Counties, or either of them, to procure such separa- tion so soon as they sli ! have male the necessary preparations for that purpose : Be it thcielore enacted. That the Townreeves of the different Townships, Unions of Townships, Villages and Towns in each of the said two Counties of Haldimand and Welland, shall form a Provisional Municipal Council for each of such Counties respectively ; And each of such Provisional Municipal Councils shall, with respect to their reapec- li 9 Counties, have, possess ai ! exercise all and singular the rights, p.. wers, privileges and duties hereby conferred, granted or imposed upon rrpvisionalMii'iioipal Councils generally erected by Proclamation, under the authority of this Act, and each of such Provisional Municipal Coun- cils shall and may, so soon as they shall think lit so to do, proceed to determine the place in such County lor the County Town thereof, and to purchase the necessary property thereat, and to erect the necessary public buildings upon such property, XXXIV. And be it enacted. That so soon as the Court House and Gaol of either of such two Counties shall have been erected and com- pleted at the County Town of such County, according to the provisions of the fifteenth section of this Act, and the other provisions of the said fifteenth section shall have been complied vathby such County, it shall and may be lawful for the Governor of this Province in Coum il, to issue a Proclamation dissolving the Union between such County and the United Counties of Lincoln, Haldimand and Welland, or, if one of such Counties shall have been then already separated by Proclamation from such Union, then dissolving the Union between such County and the said County of Lincoln, and from the date of such Proclamation dissolv- ing the Union between either of such Counties and the other two Coun- ties belonging to such Union, the remaining County shall, with the said County ofLincoln, form a Union of CountieT until the Union between the other of such Counties and the said C .nty ofLincoln shall in like manner be dissolved, and from the sepuiation of either of such two Counties from the said United Counties ofLincoln, Haldimand and Wel- land, the said County ofLincoln and the other of such two Counties shall forma Union of Counties under this Act, until the separation of such two MISCELLANEOUS PROVISIONS. 89 last mentioned Counties as herein proviiled ; and all the provisions of this Act apMlicable to Unions of Counties in gtmeral, shall be appli'' ible to such L iiion, to all inietits and purposes, hh if the said County ut Lincoln and such other County had been set lorthassuch, in the Schedule to ibis Act annexed marked A. XXXV. Anil be it enacted, That all thn public property, both real and personal, of the several Districts in Upper-Canada, shall become the property of, and the same is hereby conveyed and transferred to and vested in the Municipal Corporations of the ^ jveral Counties and Unions of Counties, to which respectively the judicial and other proceedings pending in such Districts respectively, are transferred by the thirtieth Section of this Act, as set forth in the said Schedule to this Act, anno.vud marked B. XXXVI. And be it enacted. That all Aci.s and parts of Acts and pro- a.tt part of this 'diately before •finsisttnt with make any .11 Kuch as is same siuiil be visions of Law of what nature or kind soever, in force in Province called Upper Canada, or any part thereof, in - the time this Act shall come into force, which shall I or contradictory to this Act, or any pari thereof, or ' provision in anj[ matter provided for by this Act, othi hereby made in such matter, shall, so far as the inconsistent with the provisions of this Act or any of them, be, and the same whatsoever. is hereby so far repealed to all intents and purposes Property of Utiiricin trans* ferreii to Coun- tiei and Unloni. Actt, ttc, in- coiimiitent with iliii Act rvpeoled. XXXVII. And be it enacted. That Her Majesty's Justices of the Peace, and other persons holding ('nmmission or Office, or bearing law- ful authority, in tne different Districts in Upper-Canada, from which judicial and other proceedings are by this Act transferied to the several Counties and Unions of Counties in the same, as set forth in the Sctiedule to this Act annexed marked B, shall continue to hold, enjoy and exer- cise the like Commission, Office, Authority, Power and Jurisdiction, within -the County or Union of Counties respectively, to which such judicial and other proceedings are hereby respectively transferred as in the said Schedule set forth, respectively, to all intents and purposes whatsoever, as if their respective Commissions or other authorities were expressed to be for such County or Union of Counties, instead of for such District respectively. XXXVIII. And be it enacted. That this Act may be amended, altered or repealed by any Act to be passed in this present Session of Parliament. SCHEDULE A. Counties of Upper- Canada united for Judicial and other purposes. The United Counties of— 1. Essex and Kent. 2. Frontenac, Lennox and AdJington. 3. Lanark and Renfrew. 4. Leeds and Grenville. 5. Lincoln, Haldimand and Welland. 6. Northumberland and Durham. 7. Prescott and Russell. 8. Stormont, Dundas and Glengarry. 9. Wentworth and Halton. Who iliall be Justices of tlie Pence In Counties and Unions. Act may lie nmeiided (tils Session. Schedule A ■ m '>. IMAGE EVALUATION TEST TARGET (MT-S) // €/. lA :/. 1.0 I.I «a 1^ 12.2 us Ifi ||2£ 6" 1^ m m v <^ /; m ^ ^# .-V' '> Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 87i2-4503 \ •s^ :\ \ <^ S § \ % C> *^.*^ DIVISION OP COUNTIES. SelieduleB. ..;'.,, ,-. •' v wr SCHEDULE B . >. • :-,.-. ', ,. . J-I - • » v , , ,■ .r -J ■ ■ ' '« ' n . .a 1 ■ P »■ . ^jT ,' ■ ■• 1 . - ' Countiea and Unioru of Counties in Upper-Canada, to which JtuUcial and other proceedings of the late Districts are transferred respectively .^,J , under this Act: • - v;. . To, 1. Carleton those of the Dalhousie District. 2. Essex and Kent '. " Western « "S. Frontenac, Lennox and Addington. " Midland " 4. Hastings ** Victoria ** 5. Huron ** Huron <* 6. Lanark and Renfrew. " Bathurst ** 7. Leeds and Grenville " Johnstown " ;, 8. Lincoln, Haldimand and Welland. " Niagara " 9. Middlesex " London <* 10. Norfolk « Talbot « 11. Northumberland and Durham ** Newcastle ** 12. Oxford «< Brock « 13. Peterborough " Colborne « 14. Prescott and Russell " Ottawa " 15. Prince Edward " Prince Edward" - . ., 16. Simcoe ** Simcoe " 17. Stormont, Dundas and Glengarry . . ". Eastern ** ' ", 18. Waterloo " Wellington « 19. Wentworth and Halton " Gore " 20. York " Home « Schedule c. ,/ , " /^Z . SCHEDULE C. . Counties in Upper- Canada which henceforth shallffor aU purposes, indude and consist of the Townships and places therein mentioned. 1. Haldimand, which shall include and consist of the Townships of Canboro, Cayuga, Dunn, Moulton, Oneida, Rainham, Seneca, Sher- brooke, and Walpole. 2. Halton, which shall include and consist of the Townships of Beverley, Dumfries, Esquesing, East Flamborough, West Flamboreugh, Nassagaweya, Nelson and Tr^algar. 3. Norfolk, which shall include and consist of the Townships of Charlotteville, Houghton, Middleton, Townsend, Woodhouse, Windnam, Walsingham and Long Poiqte, and Ryerson's Island in Lake Erie. 4. Waterloo, which shall include and consist of the Townships of Arthur, Amaranth, Bentinek, Derby, Eramosa, Egremont, Erin, Guelph, Glenelg, Garrafraxa, Holland, Luther, Mornington, Minto, Maryborough, Melancton, Normanby, Nichol, Peel, Proton, Puslinch, Sydenham, Sullivan, Waterloo, Wilmot, Woolwich and Wellesley. 5. Wentworth, which shall include and consist of the Townships of Ancaster, Brantfoid, Binbrooke, Barton, Glahdford, Onondago, Saltfleet and Tuscarora. 9 District. i( ** ' i ... -■ mr.. n « « (( e « ... «. ward " (( in «* a (« ships 1, Sh ESSEX, KENT AND LAMBTON. t} r nTii: ■, ^CT 12 VIC, CAP. 7 9. >V " >'' -^ ^•' ■ / . . , ^. . ... An Act to su^vly certain necessary Legislative provisions not included in certain Acts (heron mentioned. [SOth May, 1849.] WHEREAS an Act of the Parliament of this Province was passed in this Session of Parliament held in the tenth and elcTenth years of Her Majesty's Reign, chaptered thirty-nine, and intituled, An Act to divide the Western District of the Province of Canada^ and for other pur- poses therein mentioned, and which Act is referred to and further provision made with respect to the territory to which the same applies hy a certain other Act of tne Parliament of this Province, passed in the present Session thereof, intituled, An Act for abolishing the Territorial Division of Upper- Canada into Districts, and for providing for temporary Unions of Counties for Judicial and other purposes, and for the future dissolutions of such Unions, as the increase of wealth and population may require; And whereas by the former of the said Acts provision was made for the erection of a new District, which description of territorial division is by the latter of such Acts abolished ; And whereas, while the said last mentioned Act treats the area of territory which by the first mentioned Act was embraced in such new District as containing two separate counties under the names.of Kent and Lambton, respectively, the Town- ships of which such Counties respectively consist are not specifically declared by either of the said Acts, and it is therefore expedient that such omission should be supplied : Be it therefore enacted by the Queen's Most Excellent Majestv, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled. An Act to re-unite the Provinces of Upper and Lower- Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That for the purpose of the said last mentioned Ax;t, and for all other purposes whatsoever, the said County of Kent shall from henceforth include and consist of the Town- ships of Camden, Chatham, East Dover, West Dover, Harwich, Howard, Orford, Raleigh, Romney, East Tilbur^, West Tilbury and Zone, and that the said County of Lambton shall from henceforth include and con- sist of the Townships of Brooke, Dawn, Bosanquet, Enniskillen, Euphe- mia, Moore, Plympton, Sarnia, Sombra, and Warwick ; and this provision with respect to the said Counties shall have the like effect to all intents and purposes whatsoever, as if the same had been inserted in either or both of the said Acts of Parliament : Provided always, nevertheless, firstly, that the said County of Lambton shall for the pur- pose of representation in the Legislative Assembly, continue united with the said County of Kent so as together to return one member to the said Legislative Assembly, as the territory of which such Counties consist doth at present ; And provided also, secondly, that the said Counties of Kent and Lambton and the County of Essex shall form a Union of Counties, to be known as the United Counties of Essex, Kent and Lambton, until such Union shall be dissolved by Proclamation as pro- vided by the said last mentioned Act of Parliament, or otherwise as hereinafter provided, and all the provisions of the said last mentioned Aft of Parliament, applicable to Unions of Counties in general, shall be i * 1 Preamble. lU and 11 Vict. e.99. County Subttl- tiition Act of till ■ Session. Of what Town' ships Kent and Lambton res- pectively shall consist. Proviso as to representation. Proviso as to the temporary Union af Kent, Essex and Lnmbton, for certain purposes. h$ 92 DIVISION OP COUNTIES. Parti of Dawn, Soriibra and Zone detached from the laid Townahipa. New Townahip conatituted. Certain previa- ioiia of the County aubatitu- lion Act ex- tended to the Union of Kent, Eaaez and Lainbton. Proviao na to certain pro- viaiona of 10 and UViet.,c. 39. Recital. On what appli- cation the Union between Lamb- ton and the other Countiea may be diaaolved. Proviao. applicable to such Union to all intents and purpoieii as if the same had been inserted in the said last mentioned Act of Parliament and the Schedules thereto annexed, under the name of the United Counties of Essex. Kent and Lambton as aforesaid, instead of under that of the United Counties of Essex and Kent. II. And be it enacted, That as well for the purposes of this Act and the srid other Acta of Parliament hereinbefore mentioned and referred to, as for all other purposes whatsoever, so much of the said Township of Dawn as lies to the south of the south main branch of the River Sydenham, sometimes known as Bear Creek, shall be detached from the said Township of Dawn, and by and under the name of the Gore of Camden, be attached to and henceforth form a part of the' said Township of Camden ; thai so much of the said Township of Sombra as lies to the south of the said south main branch of the said river shall be detached from the said Township of Sombra, and by and under the name of the North Gore of Chatham be attached to and henceforth form a part of the said Township of Chatham ; and that so much of the said Township of Zone as lies to the north of the northerly side line of lots numbers fifteen in the several concessions of the said Township of Zone, shall be detached from the said Township, and shall henceforth form a new Township by and under the name of the Township of Euphemia. III. And be it enacted, That all the provisions of the thirty-third and thirty-fourth sections of the said last mentioned Act, making certain provisions with respect to the United Counties of Lincoln, Haldimand and Welland, shall extend and apply to the said United Counties of Essex, Kent and Lambton, and every of them, as if they and each of them had been mentioned in such sections and the said Schedules to the said Act annexed, respectively ; and all the provisions in the said last mentioned Act of Parliament providing for a Union of the said Counties of Kent and Lambton, apart from and irrespective of their Union with Essex, shall be and the same are hereby repealed : Provided always, nevertheless, that all such provisions as by the Act of the Parliament of this Province, passed in the Session held in the tenth and eleventh years of Her Majesty's Reign, intituled. An Act to divide the Westetti District of the Province of Canada, and for other purposes therein men- tioned, were conferred upon the Township Councillors of the diflferent Townships of the then County of Kent, shall be possessed by and vested in the Provisional Municipal Council of the said County of Kent as described in this Act ; and such Provisional Municipal Council shall be charged with and liable to any debt that may have been contracted by competent authority on behalf of the District by that Act intended to be erected ; and the Municijpal Council of the said County of Kent as described in this Act, both Provisional and Permanent, shall and they are hereby required to provide for the payment of every such debt, and in default of their doing so, the same shall and may be sued for, reco- vered and levied by rate or otherwise as in the case of debts of any other Municipal Corporation in Upper-Canada. IV. And whereas from the geographical "^ ^n of the said County of Lambton it is expedient that provision be ii. j for its separation from the said Union, without waitmg till its population shall be such as in required by the tenth section of the said Act of this present Session pro- viding for the dissolution of such Unions : Be it therefore enacted. That it shall and may be lawful for the Governor of this Province by an Order in Council, upon the Petition of two-thirds or more of the Townreeves of the said County of Lambton, to issue a Proclamation under the said tenth section of the said last mentioned Act : Provided always, never- theless, that none of the restrictions in the second proviso to the said same had it and the bounties of hat of the is Act and id referred Township the River ;hed from lie Gore of Township lies to the detached me of the part of the Mrnship of numbers i> shall be m a new lia. -third and ig certain aldimand sunties of d each of lies to the ) said last Counties nion with always, irl lament eleventh Western ''cin men- different id vested Kent as I shall be acted by ed to be Kent as ind they ebt) and or, reco- ny other ountyof ion from ch as is ionpro- i, That n Order nreeves he said , never- he said Word Town - reevei tnter|ire- ted. ESSEX, KENT AND LAMBTON. 93 tenth section of the said last mentioned Act shall extend or apply to the i. • ,■ ' ■ said Petition. ■ ' " V. And be it enacted, That the term ** Townreeves" in the said last mentioned Act, in tbi^* Act, and in all other Acts passed or to be passed wherein it refers or shall refer to the Municipal Council of any County or Union of Counties, or to those who compose the same, shall include and be construed to include the Deputy-Townreeves for the different localities of such County or Union of Cfounties, as well as the Townreeves for the same. ' .;^' • , ' , VL And be it enacted, That on the dissbTution of the Union bMWeen any County and any other County or Union of Counties in the manner provided for by the said last mentioned Act, a Registrar shall be appoint- ed for the County no separated, and a Registry Office for the registry of deeds shall be kept in and for the same at the County Town thereof, in , the same manner and under the same provisions as in other Counties in Upper-Canada: Provided always, nevertheless, that unless where such separate Registry Office is already established in any such County, proviKo. there shall be but one Registrar and one Registry Office for each Union t' of Counties in Upper-Canada, so long as they shall continue united as • > « . r aforesaid. VII. And be it enacted. That this Act shall come into and be inoper- ^SJiJ'a""""* ation upon, from and after the first day of January, one thousand eight hundred and fifty. . , j, VIII. And be it enacted, That this Act may be amended, altered or repealed by any Act to be passed in this present Session of Parliament. ProTiio «■ 10 Regiitry offices III caaeofdiiM)- luilonof Uuioni. Act may be amended. iMMr.^ -.u - .-.(U >I'':)';l>. :iOi. JOINT STOCK COMPANIES, KOADS, BRIDGES. WHARVES, &c. '^1 C' :n V ACT 12 F/C, Cw4P. 84. .■S. .:■ > • y-l' An Act to authorize the formation qf Jmnt Stock Companies for th» .- construction of Roods and other Works in Upper Canada, . > * [30th May, 1849.] WHEREAS it is expedient to encourase the construction of sawed, hewed or solit Plank, Macadamized or Gravelled Roads, and also Bridges, Piers, Wharves, Slides and Dams connected therewith, in Upper Canada, by Companies who may be disposed to subscribe the necessary capital for the completion thereof; And whereas the delay and expense incident to obtainmg a special Act of Incorporation from the Legislature for each separate Company, operate as a great discouragement to persons desirous of embarking capital for the formation of such Com- panies : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assem- bled by virtue of and under the authority of an Act passed in the Parlia- ment of the United Kingdom of Great Britain and Ireland, intituled. An Act to re-unite the Provinces of Upper and Lower Canada, and for the govern- ment of Canada, and it is hereby enacted by the authority of the same. That any number of persons not less than five, respectively, may in Upper Canada, in their discretion form themselves into a Company or Companies under the provisions of this Act, for th»purpose of constructing in and along any public Road or Highway, allowance for Road oc otherwise, any Road or Roads of the kind mentioned in the Preamble to thia Act, not less than two miles in length, and also any Bridge or Bridges, Pier or Piers, Wharf or Wharves, Slide or Slides, and Dam or Dams connected therewith in Upper Canada : Provided always, that no such Company shall construct any such road or other such works aforesaid, through, over, along or upon any private property or property of the Crown, without having first obtained the permission of the owner or owners, occupier or occupiers thereof, or of the Crown, so to do, except as hereinafter provided ; nor shall any such road be made of a higher grade than one foot elevation to twenty feet along the road, without the sanction of the Chief Engineer superintending Public Works in the neighbourhood thereof; And provided also, that no such Company shall be formed under the provisions of this Act to construct any line of road for which a Charter shall have heretofore been granted, provided such Chartered Company shall have its stock subscribed and be in a course of completing the work for which such Charter shall have been granted, within one year from the passing of this Act, nor shall any private property be taken for any other such work as aforesaid without the consent of the owner, if such owner shall himself commence such work within one year and shall complete the same within two years from the time he shall be noti^d that a Company has been formed for constructing the same, nor shall any property of the Crown be so taken without the approval of the Governor in Council ; And provided also, that no such road shall be constructed or pass within the limits of any City or the liberties thereof, or within the limits of any Incorporated Town or Village, except by special permission under a By-law of such City, Preamble. Companies may be formed (br the eonslructiOD of Plank and other Roads, Bridges, Slides and other works. Proviso as to taking property. Grade of Road. Proviso as to Lines for which other Companies have been char- tered. Proviso as to Towns, &c. I' 06 JOINT STOCK COMPANIES. Provltonato Brirlset on any Roatl. Any Twelve Freeholder! nMy oppoM the eon- ■iructlon ite. of any Road. Proriw ai to old Roads ceasing to be required. MunicipAl Council may hear and decide upon such oppo- sition. Companies to become incorpo- rated on certain conditions. 8ix per cent of capital to be paid up. Their Cor- porate powers. Common Seal. Holding lands, ice. Town or Villase, to be passed for that purpose ; Provided also, that all bridffes in the line of road between the termini of any such road, shall be deemed part of such road to all intents and purposes whatever, unless specially excepted in the Instrument of Association of such Company. II. Provided always, and be it enacted, That, if twelve freeholders resident within half a mile of any line of road proposed to be made, planked, gravelled or macadamized bv any Company to be formed under the provisions of this Act, shall give notice in writing to the President, Chairman or other presiding Officer of any Company, or meeting converted to form any such Company, that they intend to oppose the formation or improvement of any such projected line of road, no further action shall De had towards the prosecution of such work until after the then next sitting of the Municipal Council having jurisdiction throushout the line of such intended road, provided such notice shall have Deen given before any such work shall have been commenced; Provided always, that when any new road shall have been or be opened, or the line of any old road changed, it shall be lawful for the Munici- pality having such jurisdiction as aforesaid to pass a By-law direotinc and permittmg the old road or part of a road to be closed up, and embraced within the enclosure of the person or persons from whom ground shall have been taken to form sucn new road, provided it shall not exclude any person residing on or near the old road Irom a convenient accefs to the new road. III. And be it enacted. That if the Municipal Council of such locality a& aforesaid shall, upon such opposition made, pass any By-law pro- hibiting, varying or altering any such intended line of road, such By-law shall have the same force and effect, and be as binding, effectual and obligatory upon all persons whomsoever and upon any such Com- pany as if the provisions thereof had been inserted in the boay of this Act. IV. And be it enacted, That wiien any number of persons, not less than five, shall have subscribed a sufficient quantity of stock to amount to a sum adequate in their judgment to the construction of any such road or other work, and shall have executed an Instrument according to the form in the Schedule to this Act contained, and shall have paid to the Treasurer of such intended Company six per cent, upon the capital stock intended by such Company to be laised for the con- struction of the road or other work contemplated by such Company to be fbrmed as aforesaid, and shall have registered such Instrument, together with a receipt from the Treasurer of such Company for such first Instalment of six per cent, as aforesaid, with the Register of any County through or along the boundary of which such road shall be intended to pass, or where such other work shall be situate, such Com- pany shall thenceforth become and be a Chartered and Incorporated Company, bv such name as shall be designated in the Instrument so to be registered as aforesaid, and by such name they and their successors shall and may have perpetual succession, and shall be capable both at law and in equity of suing and being sued, ol impleading and being impleaded, answering and being answered unto, defending and being deluded in all Courts of Law and Equity and places whatsoever, in all mannei of actions, suits, complaints, matters and causes whatsoever ; and they and their successors may have a Common Seal, and the same may make, alter and change at their will and pleasure, and that they and their successors by their corporate name shall be capable of pur- chasing, taking, having, holding and conveying, selling and departing with, any lands, tenements and hereditaments whatsoever which may be or have been thought to be useful and necessary for the purposes of such Corporation. ^ u. . r-, ^ y- ■. -3 ■ -= x^ I, that all )ad, shall whaXevetf 1 of such eoholders be made. )e formea ng to the npany, or [to oppose ' road, no rork until irisdiotion tice shall imenoed ; le opened, I Munici- direotinc 1 up, and >m whom 1 it shall onvenient ih locality -law pro- oad, such :, effectual ich Coni- ^this Act. not less to amount any such orclinc to paid to ipon the the con- Company strument, for such r of any shall be ich Com- orporated ent so to iccessors both at nd being nd being er, in all .tsoever ; e same hat they of pur- .eparting |ich may >ses of ROADS, BRIDGES, WHARVES. V. And be it enacted, That any such Company, or any other Com- pany heretofore chartered by Act of the Legislature for a like purpose, shall have full power and authority to explore the ground or the country lying between tne termini of any road, or Rupposeu to be adapted for the site of any other such work as aforesaid intended to be constructed by any such Company, and to designate and establish, take, appropriate, have and hold to and for the use of them and their successors, the requi- site lands upon the line and within the limits of any such road or for any such other work as aforesaid, according to the provisions hereinafter contained for acquiring the same ; and to dig, take and carry away stone, gravel, sand, earth and other like materials from any adjoining or neighbouring lands, and also to cut, make and keep in repair upon such adjoining or neighbouring lands, such ditches, drains and water-courses as may be necessary for effectually draining and cartying off the water from any such road or other work ; and whenever any such road passes through or by any wood or standing timber, to cut down the trees and under-wood for one hundred feet on each side of the said road, making compensation therefor as hereinafter provided j and for the purpose aforesaid, the said Company and their agents, servants and workmen are hereby authorized and empowered to enter into and upon the lands and grounds of any person or persons, body or bodies corporate or politic. VI. And be it enacted. That the affairs, stock property and concerns of every such Company which shall or may be formed under the pro- visions of this Act, shall, for the first year, be managed and conducted by five Directors to be named in the said Instrument so to be registered as aforesaid, and thereafter to be annually elected by the Stockholders according to the provisions of any Bjr-law which the first named Direc- tors or their successors shall from time to time pass for that purpose ; and that upon every such election of Directors, each Stockholder shall be entitled to one vote for every share he may hold or be possessed of in the said Company ; and any majority of such Directors shall be a quorum for the transaction of business. VII. And be it enacted. That if at any time after the formation of any such Company in manner aforesaid, the Directors shall be of opinion that the original capital subscribed will not be sufficient to complete the work contemplated by such Company to be executed, it shall and may be lawful for the said Directors, under a Resolution to be passed by them for that purpose, either to borrow upon the security of the said Company, by bond, or mortgage of the road and tolls to be collected thereon, a sufficient sum of money to complete the same, or to authorize the subscription upon the said original Instrument so to oe registered as aforesaid, of such number of additional shares as shall be named in the said Resolution, a copy whereof under the hand of the President and seal of the Company, shall, by the said Re^ster, be annexed to the siaid original Instrument, upon the same being delivered to him by the said President, at the office of the said Register, who shall thereupon permit Ruch additional subscriptions upon a receii)t from the Treasurer of six per cent upon the amount of such subscriptions respectively. VIII. And be it enacted, That each share iu every such Company shall be five pounds, and shall be regarded as personal property, and shall be transferable upon the books of such Company, in such manner as shall be provided by any By-law to be made by the Directors in that behalf. IX. And be it enacted, That any such Company so to be incorporated as aforesaid, may, in any Court having jurisdiction in matters of simple contract to the amount demanded, sue for, recover and receive of or from any Stockholder in such Company, the amount of any call or calls O «r POWtTi of Company to explore the country and to take lands and mate rials. Urainaye. Cutting. Kntcring upon lands. Atfairs of Com' panics to be nianHgcd by flva Directors. How up|)Ointed. Votes Of Shareholders. Quorum. Directors may authorize an increaxe in the - number of shares when necessary o' may borrow niop" V on mo ■f'.'t,'J. Shares to be of jC3 each, and how transfer- i able. { • ■ 1 1 '■ 1 i Companies may ! &ue for amount of calls unpaid. : i i i 98 JOINT STOCK COMPANIES, Notice. Arbitrators to be appoiiitcl In cute ofowiicrs of property thro:ii(i which the romt mny pati. Ac, (lit* ugreeiiiK with the Company. Mo'le or com- puting dama- ge ii ^c. Tender or payment ProviM : if the party Khali ne- glect to name an arbitrator, or tlie arhitrntora can- not agree oii a third. Award may be made by any two. Proviso as to gardens, yards, How Arbitrators shall' be aptraint- ed when the owners ol'ihe lands are absent. Of unable to sell, or the lands are mortgaged, fte. of stock which such Stockholder may neglect to pay, after public notice thereof in any newspaper publii>he(l in the Disirict where the Directors shall nsuaily meet fur conuuctinff the business of such Company, or if there be no newspaper published in such District, then in some adjoin- ing District. X. And be it enacted, That if the owner or owners, occupier or occu- piers of any land, over, or through, or upon which any such Company as aforesaid may be desirous of constructing any such road or other work, or from which materials are to be taken, or upon which any power given by this Act to the Company is intended to be e.Tercised, shall upon demand made by the Directors of any such Company, neglect or refuse to agree upon tne price or amount of damages to be paid for, or for passing through or over such land, and appropriating the same to and for the uses of any such Company, or for the exercise of any such power as aforesaid, it shall and may be lawful for the said Company to name one Arbitrator, and for the owner or occupier of such land so required, or with regard to which such power is intended to be exercised as afiiresaid, to name another Arbitrator, and for the said two Arbitrators to name a third, to arbitrate upon, adjudge and determine the amount which the said Company shall pay before taking possevsion of such land, or exercising such power as aforesaid ; and upon such sum being ascertained, due attention being had by the Arbitrators in ascer- taining the same, to the benefits to accrue to the party requiring com. f)en8ation, by the construction of the said road or other work, it shall be awful for the said Company to tender such sum to the said party claiming compensation, who shall thereupon execute a conveyance to the said Company, or such other document as may be requisite, and the said Company shall, after such tender, whether such conveyance or document be executed or not, be fully authorized to enter upon and take possession of such land to and for the uses of the said Company, and to hold the same, or to exercise such power as aforesaid, in such and the like manner as if such conveyance thereof or other document had been executed as aforesaid : Provided always, that if any such owner or occupier shall neglect to name an Arbitrator for the space of twenty days after having been notified so to do by the Company, or if the said two Arbitrators do not agree upon such third Arbitrator, within twenty days after the appointment of the second Arbitrator, then upon the application of the said Company or of the other party, the Judge of the District Couit holden within the Di.«trict, shall nominate one of the Councillors of one of the Townships next adjacent to that in or along which the land shall be situate, which it is proposed to take, or wiln regard to which such power is intended to be exercised as aforesaid, to be either the second or the third Arbitrator, in lieu of the one so to be appointed and named, but not appointed or agreed upon by the party or by the two first named Arbitrators as aforesaid, and any award made by a majority of the said Arbitrators shall be as binding as if the three Arbitrators had concurred in and made the same ; Provided, that no road or other snch work as aforesaid shall be made through or upon any pleasure ground, garden, yard or orchard, or materials taken therefrom, nor shall any timber be taken from any enclosed lands, without the consent of the owner. XI. And be it enacted. That whenever any lands or grounds required by any such Company, for the purposes of any road or other such work, or with regard to which any such power is to be exercised as aforesaid) are held or owned by any person or persons, bodies politic, corporate or collegiate, whose residence may not be within this Provmce, or unknown to the said Company, or where the titles to any such lands or grounds may be in dispute, or where such lands may be mortgaged, or ROADS, BRIDGES, WHARVES. 99 when the owner or owners of such lands or grounds are unable to treat vrith the said Company for the sale thereof, or the exercise of any ouch power as aforesaid by the Company, or to appoint Arbitrators as afore- said, it shall and may be lawful for the said Company to nominate one indifferent person, and for the Judge of the District Court for the Dis- trict in which the lands are situate, on the application of the saii Company, to nominate and appoint one other imiiflerent person, who, togetner with one other person to be chosen by the persons so named, before proceeding to business, or, in the event of their disagreeina as to the choice of sucn other person, to be appointed by any such Judge as aforesaid, before the others proceed to business, snail be Arbitrators to award, determine, adjudge and order the respective sums of money which the said Company shall pay to the respective parties entitled to ids Amount of award to be paid forthwith. Award to he regiitered. Dy whom the coiiM aball be paid. Proviio : Lands taken to be free of incum" brancea. receive the same, for the said lands or grounds, or damages as afore- said, and the decision of the majority of such Arbitrators shall be bind- ing ; which said amount so awarded the said Company shall pay or cause to be paid to the several patties entitled to the same when demanded ; and also that a record of such award or arbitration shall be made up and signed by the aaid Arbitrators, or a majority of them, spe- cifying the amount awarded and the costs of such arbitration which may be settled by the said Arbitrators, or a majority of them, which record shall be deposited in the Registry Office of the County in or along which such lands or grounds are situate ; and that the expenses of any Arbitration under this Act, shall be paid by the said Company, and by them deducted from the amount of such award, on payment thereof to the parties entitled to receive the same, if the Company shall before the appointment of their Arbitrator, have tendered an equal or greater sum tnan that awarded by the Arbitrators, and otherwise by the opposite party, and the Arbitrators shall specify in their award by which of the parties the said costs are to be paid : And provided also, that all lands or grounds which shall hereafter be taken by any such Company for the purposes of any road or other such work, and which shall have been purchased and paid for by any such Company in the manner hereinbefore provided, shall become and thenceforward shall continue to be the property of such Company free from all mortgages, incum- 7. "^, brances and other charges. XII. And be it enacted, That if any such road shall pass through any c.iieof landa tractof land or property belonging to or in possession of any tribe of betengingto Indians in this Province, or if any property belonging to them be taken vided'for!"*' or any act occasionina damage to their properties or their possessions shall be done under the authority of this Act, compensation shall be made to them therefor, in the same manner as is provided with respect to the property, possession or rights of other individuals ; and that whenever it shall be necessary that Arbitrators be chosen by the parties for settling the amount of such compensation, the Chief Officer of the Indian Department, within this Province, is hereby authorized and required to name an Arbitrator on behalf of the said Indians, and the amount which shall be awarded in any case shall be paid where the said lands belong to any tribe or body of Indians, to the said Chief Oidicer, for the use oiF such tribe or body. . , ; XIII. And be it enacted, that the Arbitrators so appointed shall Rx a convenient day for hearing the respective parties, and shall sive eight days' notice at least of the day and place, and having heard the parties or otherwise examined into the merits of the matters so brought before them, the said Arbitrators, or a majority of them, shall make their award or arbitrament thereupon in writing, which award or arbitrament shall be final as to the anonnt ao in dispute as aforesaid. .. .. . . , Meetinga and proceedings of the arbitrators. 100 JOINT STOCK COMPANIES, KlertionofPrMl- Hent and np- (■oliiiinent o( Urtlceri. Tolli, how to b« filed paid oiid levied. Provlto I when tolle may lie tuiien. Rale of lolla limited on Roads. XIV. And be it enacted, That it shall be lawful for the Directors of any such Company to elect one of their number to be the President, and to nominate and appoint such and so many officers and servants as they shall deem necessary for performing the duties required of them by the said Company, and i.i their discretion to take security from them or any of them for the due performance of his or their duty, nnd that he or thuy shall duly account for all moneys coming into his or their hands to the use of any such Company. XV. And be it enacted, That it shall and may be lawful for th< President and Directors of any such Company from time to time to Rx, regulate and receive the tolls and charges to be received from all per- sons passing and re-passing with horses, carls, carriages, and other vehicles and for cattle driven upon, over and along any road or from all persons, passins over any bridge with or without any such car- riages or animals as aforesaid, or using any work constructed made and used by such Company under and by virtue of the i)rovisions of this Act : Provided always, that so soon as two or more miles of any such road shall have been completed tolls may be taken therefor, but on no other work shall tolls be taken until the same shall be completed. XVI. And be it enacted. That the amount of tolls hereby authorized to be levied at any gate by any such Company, to be formed and incor- porated undor the provisions of this Act, upon any road constructed by ° such Company, shall not for each time of passing, whether loaded or otherwise, exceed an aggregate sum calculated at the rate of one penny half-penny per mile, from the gate required to be passed to the last Sate m the direction whence any person may have come, for any vehicle rawn by two horses or other cattle ; and for any vehicle drawn by more than two cattle, one half-penny per mile for every additional one r for every vehicle drawn by one horse, one penny per mile ; for every score of sheep or swine and for every score of^neat cattle, one half-penny per mile ; lor every horse and rider or every led horse, one half-penny per mile. XVII. And be it enacted, That it shall be the duty of the Directors of every Company incorporated under this Act, to report annually, at some time during the month of January in each year, to the Municipa- lity having jurisdiction within the locality through or along the boundary of which such road shall pass, or wherein such other work may be con- "" \ , struoted, under the oath of the Treasurer of such Company, the cost of their work, the amount of all money expended, the amount of their capital stock, and how much paid in ; the whole amount of tolls ex- pended on such work ; the amount received during the year fur tollsy and from all other sources, stating each separately ; the amount of divi- dends paid, and the amount expended for repairs, and the amount of debts uue by such Company, specifying the oDJect for which such debts respectively, were incurred ; and every such Company, shall keep Companvto keep regular books of account, in which shall be entered a correct statement reRuiar booKa ^^ ^^^ assets, receipts and disbursements of such Company, which shall be at all times open to the inspection and examination of any person or Eersons, who may for that purpose be appointed by the Municipality, aving jurisdiction as aforesaid ; and every such Inspector shall have the right of taking copies or extracts from the same, and of requiring and receiving from the keeper or keepers of such books, and also from the President and each of the Directors of such Company, and all the other officers and servants thereof, all such information as to such books and the affairs of such Company generally^ assuch Inspector or Inspectors ma.y.deem oecessary for tae full and satisfactory investigation into and report J] pon the state of the affairs of such . Company, so as to enable Direetora to re- port annually to ihe Municipality tbe amount re- ceived and ex- pended, tte. open to persons appointed by Municipaiity, tec. from [n the books lectors lo and )nabla ROADS, BRIDGES, WIIARVBS. such Inspector or Inspectors to ascertain whether the tolls Ievie(t upon such work are greater than this Act allows to be levied as aforesaid. XVHI. And be it enacted, 1 hat it shall and may be lawful for the Directors of any such Company to call in and demand from the Stock- holders of the said Company, respectively, all such sum or sums of money by them subscribeil, at such times and in such payments or instalments as the said Directors shall deem proper, under the penalty of forfeiting the shares of stock subscribed for and allprnvious payments made thereon, if payment shall not be made by the Stockholders withia ninety days after a personal demand, or after notice requiring 8uch pay- ment shall have been published for six successive weeks in the news- paper or one of the newspapers nearest the place where the Directors of the said Company shall usually meet for conducting the business of the said Company. XIX. And be it enacted, That every such road or other such work as aforesaid, and all the materials which shall from time to time, be sot or provided for constructing, building, maintaining or repairing tne same, and all toll-houses, gales and other buildings oonatructed or acquired by and at the expense of any such Company acting under the piovisions of this Act, and used for their benefit and convenience, shall De vested in such Company and their successors. XX. And be it enacted. That every such Company shall have full power and authority to erect such number of toll-gates or side-bars in, alonff or across the said roads, and upon or at any work constructed under this Act, respectively, and fix such tolls, not exceeding the rate afore- said, to be collected at each gate or bar, as they may deem fit and expedient (which tolls may be altered from time to time as circum- stances may require,) and lo erect and maintain such toll-houses, toll- gates and other ouildings and erections which may seem r\ecessary and convenient for the due management of the business of every such Company respectively ; Provided always, that no toll shall be exacted for merely crossing any road. XXI. And be it enacted, That every such Company so to be incorpo- rated as aforesaid, shall be bound and is hereby required to complete each and every road not more than five miles in length, end »ny other work undertaken by them, and for the completion whereof they shall have become incorporated as aforesaid, withm two years from the day of their becoming incorporated under this Act, in default whereof they shall forfeit all the corporate and other powers and authority which they shall in the mean time have acquired, and all their corporate powers shall thenceforth cease and deteimine, unless further time be granted by a By-law of the Municipality having jurisdiction as aforesaid! XXII. And be it enacted, That if any person or persons shall in any way injure, cut, break down or destroy any part ot any such road, bridge or other such work as aforesaid, or any toll-gate or toll-hou.se, building or other erection in, upon or near any such road or work, and belonging to or used for the convenience of any such Company under the provi- sions of this Act, every such person so offending, and being lawfully convicted thereof, shall be deemed guilty of a misdemeanor, and shall be punished by fine and imprisonment ; and if any person or persons shall remove any earth, stone, plank, timber or other materials used or intended to be used in or upon the said road, for the construction, main- tenance or repair thereof, or shall drive any loaded wheel carriage or other loaded vehicle upon that part of any of the roads constructed under the authority of this Act, or by any Incorporated Company under the authority of any other Act of the Legislature of this Province, between the stones, plank or hard road and the ditoh, further than may be neoes- 101 Dheclori may cull III luinn ■uhKcritMSil under iwtmlty olTor- reiiureoriliarc* ■ubicxitMU tor. , r Rondf, works Riul iiinterlnit veiiL-J tn Com* paiiit.'i, aiidilieir ■ MCCCNOtl. Toll-gHtei may lie erected. i Proviio. Roadi, lee., to Iw eoiiipleicd liy Cuinpniiiei Willi in acertniti tliiie nrter l)ccoiiilii^ incorporated. Penalty for dcruuli. Penalty on pcr- •ont) nijurinft roniii, or oti cr workh of nny Company 102 JOINT 9T0CK CCMTANIES, Penalty on per- ■oiii injuring road*, Ac. How enforced. OflTender to pay all dninnges aa well as the penalty. Fine to be pay> able either in money or labor. Fines, how levied. Imprisonment for want of rtiatrcn. Penalty on pernons turning out of road to evade tolK sary in passing any other vehicle or in turning offer upon such road, or shall oause any injury or damage to be done to the posts, rails or fences, or shall haul or draw, or cause to be hauled or drawn upon any part of the roads constructed as aforesaid, any timber, stone, or other thing which shall be carried principally or in part upon wheeled carriages or sleighs, so as to drag or trail upon such road to the prejudice thereof, or if any person shall leave any wagon, cart, or other carriage whatever, upon such road without some proper person in the sole custody or care thereof, longer than may be necessary to load or unload the same, except in case of accident, and in cases of accident for any longer time than may be necessary to remove the same, or shall lay any timber, stones, rubbish or other thing whatever upon such road, to the prejudice, interruption and danger of any person travelling thereon, or if any per- son shall, after having blocked or stopped any cart, wagon, or other carriage in going up a hill or rising ground, cause or suffer to lie and remain on such road, any stone or other thing with which such cart or carriage shall have been blocked or stopped, or if any person shall pull down, damage, injure or destroy any lamp or lamp posts put up, erected or placed in or near the side of such road or toll-houses, erected thereon, or shall wilfully extinguish the light of anv such lamp, or if any person shall wilfully pull down, break, injure or damage any table of tolls, put up or fixed at any toll-gate or bar on any part of such road, or shall wil- fully or designedly deface or obliterate any of the letters, figures or marks thereon, or on any finger post, or any mile post or stone ; or if any persons shall throw any eaitn, rubbish or other matter or thing into any drain, ditch, culvert or other water-course made for draining any such road, or if any person shall without permission, carry away any stones, gravel, sand or other materials, dirt or soil from any part of any such road, or dig any holes or ditches on the allowance for the same, or shall forcibly pass or attempt to pass by force any of the toll-gates set up by any sucn Company, or to use the work constructed by the Com- pany without having first paid the toll fixed by the Directors of such Company to be received at any such gate, such person shall, upon con- viction thereof in a summary way before any Justice of the Peace in or near the place where the injury shall have been done, be sentenced to pay all damages sustained by such Company, to be ascertained by the said Justice upon the hearing of the said complaint, and also to pay a fine of not more than fifty shillings nor less than five shillings; such damages and fine to be paid within a time to be limited by the said Justice, and in default thereof the same shall be levied as next herein- after is provided. XXIII. And be it enacted, That the fines and forfeitures authorized to be sunimarily imposed by this Act shall and may be levied and collected by distress and sale of the offender's goods and chattels, under the authority of any Warrant or Warrants of Distress for that purpose to be issued by the Justice before whom the conviction shall have been had ; and in ce person riding or driving the animal or animals or carriage whereon such payment is avoided, being thereof convicted, before any one Justice as aforesaid, shall for every such offence, severally incur a penalty not exceeding twenty shillings, which shall be laid out in improving such road. XXVI. And be it enacted. That it shall be lawful for any Municipal Body Corporate, having jurisdiction within the locality through or alon^ the boundary of which any such road shall pass, or in which any such work as aforesaid is to be constructed, to subscribe for, acquire, accept and hold, and to depart with and transfer Stock in any Company to be formed under the authority of this Act, or by any Company heretofore chartered by Act of the Legislature for a like purpose, and from time to time lo direct the Mayor, Warden or other Chief Officer thereof, on behalf of such Municipality, to subscribe for such Stock in the name of such Municipality, and to act for and on behalf of such Municipality in all matters relative to such Stock and the exercise of the rights of such Municipality as a Stockholder, and the Mayor, Warden or other Chief OtBcer shall, whether otherwise qualified or not, be deemed a Stock- holder in the Company, and may vote and act as such, subject always to such rules and orders in relation to his authority as shall be made in that behalf by such Municipality by their By-laws or otherwise, but acting according to his discretion in cases not provided for by such Municipality ; and it shall be lawful for such Municipality to pay for, or to pay all instalments upon the Stock they shall subscribe for and acquire, out of any moneys belonging to such Municipality and not spe- cially appropriated to any other purpose, and to apply the moneys arising from the dividends or profits on the said Stock or from the sale thereof, to any purpose to which unappropriated moneys belonging to such Municipality may lawfully be applied. XXVII. And be it enacted, That it shall also be lawful for the Muni- cipality of any locality through or along the boundary of which any such road shall pass, or within which any such work as aforesaid shall be const ructeiii, to loan money to the Company authorized to make such road or construct such work, or to any Company heretofore chartered by Act of the Legislature for^a like purpose, and out of any moneys belong- ing to the Municipality and not appropriated to any other purpose, and to effect such loan upon such terms and conditions as may be agreed upon between such Company and the Municipality making such loan, and to recover the money so loaned, and to appropriate the money so recovered to the purposes of such Municipality. XXVIIT. And be it enacted, That after twenty-one years frora the time of completing any such road or other work as aforesaid, it shall and may be lawful for any Municipal authority representing the inter- ests of the locality through or along the boundary of which any such road shall pass, or in which tne work shall be situate, to purchase the slock of such Company at the current value thereof at the time of purobase, Who ihall vote. &c.. on Bucli atock. Aa to payment of aiieh aub- acriptiou, Stc. Municipal liodies may Tend inoiiey to aucli Coiniianiea. Becoverjr itlier«of. Twenty-one year* after tlie ronda. Ilc, are conipleivit, all the Sto:k m-iy lie piif'-i aged hy the Municipality. 104 Value how ascerioined. What it shall he necessary to aver in actions for sums subscribed for. Wlint it shall be necessary lo prove iu such actions. Stockholders may be wituetiS' es. Z^imitatlon of HUits for things done under this Act. [, . Exemptions from toll. What rale of toll niay be demanded on roads intersected by ronds made under this Act. JOINT STOCK COMPANIES, (to be ascertained by Arbitrators to be appointed and to act in the man- ner hereinbefore provided in other cases, if the Company and the Muni- cipality cannot asree upon such value.) and to hold ttie same for the use and benefit of the said locality, and such Municipal authority shall thenceforth stand in the place and stead of the said Company, and shall possess all such powers and authority as the said Company shall have theretofore possessed and exercised. ., , ; ,,< XXIX. And be it enacted, That in any action or suit to be brought by any such Company against any Stockholder, to recover any money due for any call, it shall not be necessary to set forth the special matter, but it shall be sufficient for the Company to aver that the Defendant is the holder of one share or more (statmg the number of shares) in the stock of the Company, and that he is indebted to the Company in the sum of money to which the calls in arrear shall amount in respect of one call or more upon one share or more (stating the number and amount of each of such calls) whereby an action hath accrued to the Company by virtue of this Act. XXX. And be it enacted, That on the trial or hearing of any such action, it shall be sufficient for the Company to prove that tne Defendant at the time of making such call was a holder clone share or more in the undertaking (and when there has been no transfer of the shares, then the proof ofsubscription to the original agreement to take stock shall be sufficient evidence of holding stock to the amount subscribed,) and that such call was in fact made, and such notice thereof given as is required, and it shall not be necessary for the Company to prove the appointment of the Directors who made such call or any other matter whatever, and thereupon the Company shall be entitled to recover what shall be due upon such call, with interest thereon, unless it shall apper that due notice of such call was not given. XXXI. And be it enacted, That in any action or suit brought by or against any such Company upon any contract or for any matter or thing whatsoever, any Stockholder or any Officer or Servant of the Company shall be competent as a witness, and his testimony shall not be deemed inadmissible on the ground of interest or of his being such Servant or Officer. XXXII. And be it enacted. That if any action or suit shall be brought against any person or persons for any matter or thing done in pursuance of this Act, such action or suit shall be brought within six calendar months next after the fact committed, and not afterwards, and the defendant or defendants in such action or suit may plead the general issue only, and give this Act and the special matter in evidence on the trial. XXXIII. And be it enacted, That all persons, horses or carriages going to or attending or returning from any fuperal, or any person with horse or carriage going to or returning from Divine Service on the Lord's Day, shall pass the gates on any road made or improved under the authority of this Act, free of toll. ,. .► -, l XXXIV. And be it enacted, That whenever any road to be constructed under the authority of this Act, or a road already constructed under the authority of any Act of the Legislature of the Province, shad intersect a road constructed by another Chartered Company, no higher rate of toll shall be demanded from the persons travelling along the said last mentioned road, for the distance travelled between such intersection and either of its termini than the rate per mile charged by the said Company for travelling along the entire length of their road so intersected. al al cl r| ROADS, BRIDGES, WHARVES. 105 XXXV. And be it enacted, That after any road, bridge or other such companiw to work as aforesaid, constructed by any Company under the authority of guflfclent repair, this Act, shall have been completed, and tolls been taken thereon, it shall be the duty of the said Company to keep the same in good and suflicient repair, and in case any such road, bridse or work shall, by any such Company, be allowed to fall into decay and get out of repair, sucn Company may be indicted at any Court of General Sessions of the Peace indictment for or other Court of Superior Jurisdiction within or along the boundary of default, any District where such road, bridge or work shall be so out of repair as aforesaid, and upon being convicted, the Court before whom such prose- cution shall be had, shall direct such Company to make the necessary repairs, for the want whereof such prosecution shall have been com- menced, within such time as to such Court shall seem reasonable, and that in aefauit thereof, such Company shall be declared to be dissolved, DiMoiution for and such road, bridge or work shall thenceforth be vested in Her Majesty, "" ' '** "'' Her Heirs and Successors, to and for the use of the public, in like manner as any public and common highway or public work, and shall thenceforth be subject to all the laws affecting public highways and public works, and the powers of such Corporation shall thenceforth vest in the Municipality having jurisdiction as aforesaid, which shall there- upon take on itself the order and management of the said road as the said Company had theretofore done. XXXVI. And be it enacted. That notwithstanding the privileges thai Reservation of may be conferred by this Act, the Legislature may at any time hereafter |!^„[gfature to * in their discretion make such additions to this Act, or such alterations of amend or alter any of its provisions as they may think proper, for affording just protec- t^ii Act. tion to the public or to any person or persons, body corporate or politic, in respect to their estate, property or right or interest therein, or any advantage, privilege or convenience eonneeted therewith, or in respect to any way or right of way, public or private, that may be affected by any of the powers, given to any such Corporation. SCHEDULE Schedule. of Be it remembered, that on this day in the year of Our Lord, one ,We, the .1 . , in the thousand eight hundred and undersigned Stockholders, met at County of , in the Province of Canada, and resolved to form ourselves into a Company, to be called (here ins'tt the Corporate name intended to be taken by the Company,) according to the provisions of a certain Act of the Parliament of this Province, intituled. An, Act ifc.f (insert the title ofthisAdf) for the purpose of constructing a Plank Road (or Macadam- ized or Gravelled Road, or both, as the case may be,) from (the com- mencement of the intended Road) to (the termination tliereof,) or a Bridge, Slide, Wharf, Pier or other such work as aforesaid, describing tlie nature^ extent and situation thereof) and we do hereby declare that the Capital Stick of the said Company shall be pounds, to be divided into shares, at the price or sum of five pounds each : and we, the undersigned Stockholders, do hereby agree to take and accept the number cfehares set by us opposite to our respective signa- tures, and we do hereby agree to pay the calls thereon, according to the provisions of the said in part recited Act, and of the Rules, Regulations, 106 MUNICIPAL ACTS REPEALED. Resolutions and By-laws of the said Company, to be made or passed in that behalf; and we do hereby nominate {the names to be here inserted) to be the first Directors of the said Company. NAME. No. or SHARES. V:; ■.■►.■.fi'> !■ ,J ;■ ■•'■: •! ;,"' AMOUNT. .h>-, ■ ,' r '• !- ► 't. Jl"}- 1 MUNICIPAL ACTS, &C., REPEALED. iTreamblo. The Acta and parts of Acta oieiitioned in the Schedule repeal- ed with Actfi contiiiuiii); (hem or continued by tliem. Froviro : Acts not to be revived or repealed, &c.. by the pBHingof this Act, by im- plication. Proviso as to proceediiiizs rela- tive to otTences and other maticra occurring before thia Act ahnll be in force, under the Acta re- pealed. An Act to repeal the Ads in force in Upper- Canada, relative to the Estab- Ishment of Local and Municipal Authorities, and other matters of a like nature, '■:■''<■,' - ^ ' • [30th May, 1849.] WHEREAS it is expedient to repeal the several Acts in force in Upper-Canada, relating to the Incorporation of the Inhabitants of the several Districts of that part of this Province, and of certain other localities therein, the Election and duties of Township OfHcers, and other matters of a like nature, to the end that better provision may ba made for such purposes : Be it therefore enacted, &c., I'hat the several Acts of the Parliament of the late Province of Upper-Canada, and those of the Parliament of this Province set forth in the Schedule to this Act annexed marked A, and containing a description of the Acts and parts ot Acts repealed by this Act, so far as the same shall be in force at the commencement of this Act, and all Acts continuing or making perma- nent any of the said Acts, or continued or made permanent by any of them, shall be, and the same are hereby repealed: Provided always, nevertheless, Firstly : That no Act or ptrt of an Act repealed by any of tiie Acts hereby repealed, shall be revived by the passing of this Act, and no Act, or part of an Act, perpetuated or continued by any of the Acts hereby repealed, (except such as are herein expressly repealed), shall be repealed by the passing of this Act ; And provided always. Secondly: That notwithstanding the repeal of the Acts and parts of Acts hereby repealed, all acts which might have been done, and zd proceedings which might have been taken or prosecuted relating to any offences or neglects which may have been committed, or to any matters which shall have happened, or to any moneys which shall have become due, or to any fiaes or penalties which shall have been incurred before MUNICIPAL ACTS REPEALED. 11^ 107 Exception. ReciUl All Ac of Acts had in the said Schedules been specially excepted from repeal ; and all such Acts and paits of Acts shall extend and apply to every such City and the liberties thereof, and to every such Town and Village respectively, according to theextended or altered limits thereof as estab- lished by an Act of the present Session of Parliament, intituled, An Act topromaeby one general Law for the erection of Municipal Corporations ^ and the establishment of regulations of Police in and for the several Couti- iies, Cities, Toums, Toumshipsand Villages in Upper-Canada. IV. And be it enacted. That this Act shall commence and have force Commencemew and effect upon, from and after the first day of January, in the year of orthii Act. our Lord, one thousand eight hundred and fiity, ana not before. V. And be it enacted, That this Act may be amended, altered, or ^mend«d''Ac repealed by any Act to be passed in this present Session of Parliament, tbii scnion. ' Provifions rela- tive to asceas- meats aaved. I I . j 'full . I i > ii T^li SCHEDULES TO WHICH THIS ACT REFERS; SCHEDULE A; t»fc. »«■«( .i.^.i Containing a detcription of the Acta and parti of Acts Repealed by this Act. FIRST DIVISION. "" Actsof the ParUanunt of the late Province of Upper-Canada. NO. 10 11 12 OATK AND aUBJCCT or ACT. 37 Geo. 3, C«p. U, Ferries. 43 Geo. 3, Cap. 10, CruIc running at laige. 43 Geo. 3, Cap. 11. Aiietiment for Member! Indemnity ■ .i 50 Geo. 3, Cap. 1, Highway a. 50 Geo. 3, Cap. 19, Haldimand Town Meeting:). 5-2 Geo. 3, Cap. 10, Highway!. 54 Geo. 3, Cap. 15, Yorli AlarJtet. 57 Geo. 3. Cnp. 3, Yoric, AniherMburgh and Sandwieli. 57 Geo. 3, Cnp. 4, Niagara Market. £9 G. 3, Sea. 8, Cap. 5, Niagara. 50 G. 3, Sea. 2. Cap. 11, Niagara Marlcet. S Q. 4, Sea. S, Cap. 11, Cattle running at large. An Act for the regulation of Ferrlea. TITLE. An Aet to extend the proviaiona of an Act paaaed in the thirty-fourth year of His Majeaiy'K Heign, intituled, "An Art to reotrnin the custom ofiwr- iniitin[( Horned Cattle, Horaes, Sheep and Swine to run at large." An Act the more conveniently to collect the com penaation to the Mcmbert of the Houae of Aaaem- bly for their attendance in their duty in Parliament and to repeal part of an Act paraed in the Parlia- ment of ihia Province, In the thirty-third vearof Hia Majeaty'a Reign, intituled, "An Act to authorise and direct ttie laving and collecting of Aaaeaameiita and Kate* withiu ihia Province, anif to provide for tlie payment of wagea to the Houae of Aaaembly." An Act to provide for the laying out, amending and keeping in repair, the Public Highwaya and Roads in thia Province, and to repeal the Lawa now in force for that puipoae. An Act to authorize the Inhabitant! of the County of Haldimand, to bold annual meetings for the pur poae of electing Town and Parish Officer!. An Act to amend an Act paased in the fiftieth year of His Majeaty's Reign, intituled, "An Act to provide for laying out, amending and keeping in repair the Public Highwaya and Roada in iliia Province, and to repeal the Lawa now in force for tliat purpose." An Act to em|)ower the Commissioners of the Peace for the Home District, in their Court of General Quarter Sessions assembled, to establish and regulate a Market in and for the Town of York, in the said District. An Act to establish a Police in the Towna of York. Sandwich and Amheratburgh. KXTBNT or KinAL. So much !■ vest! any powera in the Magi!uateftin duarlcr Seaiion!. :i'i -y-^ ,•;> j:.-..; ..;,<■>• The whole. ... i I ■■'■■• ^ in ' ■'.'->,■■ The whole. r.v' ..." . _; Section! one to eleven, inclu- !ive, and Section! thirteen to thirty four, inclusive. An Act to establish a Market in the Town of Nia- gara, in the Niagara Diatrict. An Act for e!tabliBhing a Police in the Town of Niagarn, in the District of Niagara, and for .other purposes therein mentioned. An Act to amend and repeal part of an Act pa!!ed in the lifty-seventh year of Hi! Majesty's Reittw, intituled, "An Act tocatablish a Market iu the Town of Niagara, in the Niagara District." An Act to Te|)eal in part a certain part of an Act Kissed in the foity-thirdyearof His late Majesty's eign, intituled, " An Acttoextend the provisions of an Act passed in the thirty-fourth year of Hia Majesty's Reign, intituled, *An Act to restrain the custom of iwrmitting Horned Cattle, Horses, Sheep and Swine, to run at large,'" and titrther to enable the Magistrates in their respective Districts in this Province, in General Quarter Sessions assembled, to make such rules ami regulatiousas may restrain Swine, running at large in the respecUve Towni in thia Provincei where a roliee is or may htfrtiafter Us established by Law.'Tbe wbol*. .,'■ .;>. . /•- . ,'. . ' The whole. 1' . '■-•■ -'i'-^ t :v:^.jv;;„ 1 r<-.r^. The whoU. < ' * The whole. The whole The whole. The whole. The whole ;.vi,. ■■■.j;| ■•<■-■ iJiJ. tr; ". JK,' .1- '•w\:-. HO. 13 14 1ft 16 17 18 10 20 31 W 33 84 25 20 27 29 20 ao" MUNICIPAL ACTS REPEALED. 109 KO. 13 M ili 16 17 18 19 20 31 9 0.4, Sei. 3, Cnp. 13, {An Act requiring the publication of tlie expenditure DATE AND SUBJECT or ACT. TITLE . Police Moneyi * 0. 4,8ei.3,Cap. 15, Perth Market. 1 G. 4, Sea. I, Cap. 34, Niagara Police, 4cc. 8 Geo. 4, Cap. 14, Street Survcyori. 1 William 4, Cap. 3, Amhersthureh Wharfage Fees. 3 William 4. Cap. 17, Brockville. 3 William 4, Cap. 16, Hamilton. 3 William 4, Cap. 40, Brockville Market. 4 William 4, Cap. 12, Line Fencea, Ilc. EXTENT OF mEFEAL. as 23 24 25 26 27 28 20 30 4 William 4, Cap. 23, Toronto. ofiHoneya rniHed under any taw, estalili^hing a Police in any Town or Towns in this Province. An Act to establish a Market in tlie Town orPerth, in the County of Carltsion. An Act to continue and amend an Aet passed in the finy-ninth year of His Inie Majesty's Reign, intit' uled, "An Act for estnlilishing a Police in the Town of Ningnra. in the District of Niagara, and for other purposes therein mentioned." An Act to amend the Laws now in force for the appointment of Street Surveyors, so far as relates to the several Towns in this Province oUicr than those in which the General Quarter Sessions of the Peace are by law holden. An Act to establish a Market and to establish Wharfarge Fees in the Town of Amherstburgh, in the Western District. An Aet to establish a Police in the Town of Brock- ville, in the District of Johnstown. An Act to define the limitsofthc Town of Hamilton, in the District of Gore, and to establish a Police and Public Market therein. An Act to establish a Market in the Town of Brock ville. An Act to regulate Line Fences and Water Courses, and to repeal so much of an Act passed in thp thirty-third year of the Reign of His late Majesty King George the Third, intituled, "An Act to provide for ihe nomination and appointment of Parish andTown Officers within this .rovince as relates to the Office of Fence Viewers, being discharged by Overseers of Highways and Roads An Act to extend the limitsof theTownof York,to erect the said Town into a City, and to incorpor- ate it under the name of the City of Toronto. The whole. The whoi«. t The whole. I- ...M'- The whole. The whole. The whole. r- •J* The whole. ^^ The whole. 1 .3 V I »'h 4 William 4 Can 24 ^n A^' ^ establish a Board of Police in the Town - ' ^' ' ofBellevilie. An Act to establish a Police in th': Town of Corn- wall, in the Eastern District. An Act to define the limits of the Town of Fori Hope, and to establish a Police therein. 4 William 4 Can 27 ^^ ^^^ ^^ incorporate the Village of Prescott, and Pr-;scott. ' 'i to establish an Elective Police therein. 5 William 4. Can. 6. An Act to provide for the payment of wages to the Belleville. 4 William 4, Cap. 25, Cornwall. 4 William 4, Cap. 26, Port Hope. Assessment fbr Mem- bers' Indemnity. 6 William 4, Cap. 1, Assessment Mem- bers' Indemnity. Members of the House of Assembly who repre- sent the different Towns in this Province. An Act to provide for the payment of wages to Members representing Cities and Incorporated Towns within the Province. 8 William 4 Can 13 An Act to establish a Market in the West Ward of Brockville Market. ' the Town of Brockville, 6 William 4, Cap. 14, Belleville. An Act to repeal an Aet passed in the fonrih yearof His present Majesty's Reign, intituled, "An Act to establish a Board of Police in the Town of Belleville," and to make nirther provisions for tlie establishment of a Police in said Town. The First Section.* Seetions one to ninety-five. fn> elusive, and alio the whole of Section ninety-six, except the proviso. The whole. The whole. The whole. The whole. . The whole. The whole. The whole. The whole. ♦ Error.— The Act 4, Wm. 4, Cap. 12, R-'pealed by 8 Vic. Cap. 20, Sec. 10. 110 MUNICIPAL ACTS REPEALED. HO' 31 33 34 33 30 37 38 39 40 41 42 43 44 DATKINDIUBICCT OP ACT. 7 William 4. Cap. 34, Houie of Iiiduitry. 7 WllliAm 4, Cap. 30 Toroiilo. 7 William 4. Cap. 41, Toronto Markeu. 7 William 4, Cap. 43, Cobourg. 7 William 4, Cap. 44, Picton. I Vict. Cap. 17, Awessmcnt, Meffl' bers* Indemnity. t Vict. Cap. SI. Townihip Offieera. 1 Vict. Cap. 37, Kingston. ■2 Vict. Cap. 36. Kingaton. 2 Vict. Cap. 37, Kingston. 3 Viet. Cap. 44, Hamilton Market. 3 Vict. Cap. 4«, Niagara Market 3 Vict. Cap. 31, London. 3 Vict. Cap. 47, Toronto. TITLB. -■ An Aet fo authorize the erection, and provide for the mainieiianee of Houses of Industry in the several Disuiets of this f rovluee. An Act to alter and amend an Act paased In the fourth year of His Majesty's Roign, Intituled, " An Act to extend the limits of the Town ol York, to erect the said Town into a City, and to incorporate It under the name of the City of Toronto.'' An Act to establish two additloDai Markeu lo the City of Toronto. An Act to establish a Police In the Town of Cobourg, and to deflne the limits of the said Town. An Aet to Incorporate the Villages of ilallowell an d Picion. by the name of the 'ixiwn of Pieion, and establish a Police therein. An Act to alter the mode of payment of wages to Members of the House of Assembly. An Act to alter and amend sundry Acts regulating the appoiutmeutand duties of Township Ofllcera. An Aet to Incorporate the Town of Kingston, under the name of the "'J'be Mayor and Common Council of the Town of Kingston." An Aet to render valid the late Elections for Alder men and Couiieilmen for the Town of Kingston. An Act to amend an Act passed in the flrst year of Her Majesty's Reign, intituled, " An Act to in- corporate tlie Town of Kingston, under the name of the Mayor and Common Council of the Town of Kingston." An Aet to establish a Second Market in the Town of Hamilton, to enable the Corporation of the said Town to effect a loan, and for otiier purposes therein mentioned. An Act to authorize the Trustees of the Market Re- serve in thi! Town of Niagara, to raise a sum of money for certain purposes therein mentioned An Act to deflncthe limits of the Town of London, in the District of London, and to establish a Board of Police therein. An Act to continue an Act passed in the seventh year of the Reign of His late Majesty, King Wil- liam the Fourth, intituled, *' An Act to alter and amend an Act passed in the fourth year of His Majesty's Reign, intituled, * An Act to extend the limits of ihe Town of York, to erect the said town into a City, and to incorporate it under the name of the Oity of TVroa/a.' " BXTKNT OP RIPBAl. 8o much of the flrst flection aa vests any powers granted tliereby in the Grand Juries or the Magistrates In Quarter Sesalona, or iimitotheeapen- diture, and the whole of the second Section. The whole. The whole. The whole. The whole. The whole. Seetlona one to tblrty-one, in* elusive, and thirty-six to flfty-one, inclusive. The whole. i'-v-n« Sections two, three and four. The whole. The whole. The whole, except so much of the second Section as reserves any privileges or advantages to certain L ea s ee s and Ten- ants or their Assigns. The whole. 47 48 49 00 01 03 t •8 04 « 0« 08 SO •0 61 The flrst Section. SECOND DIVISION. Acts of ihe Parliament of ihe Province of Canada. KO. DATE AND SUBJECT OP ACT. TITLE. EXTENT OP BBMAL. 45 i &. S Vict. Cap. 10, Municipalities. An .\ct to provide for the better internal Ck)vern- nient of that part of this Province which formerly constituted the Province of Upper-Canada, by the estabiiahmeDt of Local or Municipal Author- ities therein. The whole. «3 «4 69 RIPBAU Irat Section n wars granted Grand Juries tiee In Quarter nlutheei] I wtiole 01 ipcn- ftbe •I ihlrlf-one, in« itairty-iiz to live. ee and four. ■0 much of )n aa reierves advantages w and Ten- igna. riAL. MO 46 47 46 40 00 61 •3 S3 S4 M M Si 58 W 00 01 03 03 04 OS MUNICIPAL ACTS REPEALED. Ill OATC ADO lUBJBCT or ACT. TITLE, i Vict. Cnp. 7, Couiitv niid Town- aliip Ulviiioni. i Vict. Cap. SO, Fences and Water Courses. i Vict. Cnp. 01, Kingston. i Viet. Cap. 09, Niagara. i Vict. Cap. 03, Bi. Catlierines. Vict. Cnp. 40, Municipal Councils. 9 Viru Cap. 40, County and District Divisions. 3 Vict. Cap. 01, Niagara and Uueen- ston. 3 Vict. Cap. 70, Toronto. 9 Viet. Ciip. 71, Cobourg. 9 Vict. Cap. 72, Cornwall. ) Viet. Cap. 73, Hamilton. 9 Viet Cap. 75, Kingston. 10 4c 11 Viet. Cnp. 30, Western District Di- vision. 10 & 11 Vict. Cap. 41, Lock-up Houses. 10 & 11 Vict. Cnp. 43, Towns and Villages. 10 it 11 Vict. Cap. 43, Bylown. An Act ft>r better rieltninv the limits of the Counties The wliole.exeeptSeetionsona BZTRNT or RCPBAL. mid Districis in Upii is^Wr from Hoine ('ountlcs and altaetiliig iheni to other»,l niid for oilivr purposes relative to ilie diviiion ofi Upper-Canndn into Townships, Counties and Districts. Msdn, lor erecting eer-| two, live, seven. clKhi, nini>, ■ ■" ■ ten, eleven, thirteen nnd or- iceii, togetlier with the Scba- dul«s A and D. An Act to repeal an.Act therein mentioned, and to So much of the first Section at provide for the reuiilniloii of Line Fences and vests jhe appointment of Water Courses in Upper Cniiadn. The whole. An Act to repeal a certain provision of the Act In coriiornting the Town of Kiiigre in force. r 112 MUNICIPAL ACTS BAYED. i»o. DAT! AND lUBJCCT or ACT. 10 it n Vict Cap. 48, London. .H . 67 1 10* It Viet. Cap. 40, ' Drnntford. T I T L E , BXTINT or RIPIAL. ae 111 Viet. Cap. 13, I Dundni. An Aei lo repeal the Aet of Ineorporallon of the Town of London, anil to esMMlih a 1'own Coun- '" ell therein, in lieu of a Bon^rof Poliee, and tor other purpose* tliercin mentioned. The whole. An Aet to incorporate the I'own of Branlford. iThe whole. An Aet lo amend the Act to Incorporate the Town of PunilBii. IThe whole. , t SCHEDULE B, Containing a description of the Acts and parts of Acts saved from the operation of this Act. FIRST DIVISION, Acts of the Parliament of the late Province of Upper Canada. tm. DATK AMD •DBJCCT or ACT. 37 Geo. 3, Cap. 10, Ferriea. SO Geo. 3, C„p. 1, Highwayi. 1 VVilllam 4, Cap. 13, Line Fencei, &c. TITLE. 4 William 4, Cap. 33, Toronto. 7 William 4, Cap. 34, liouaea of Industry. 1 Vict. Cap. 31, Township Officers. 2 Vict. Cap. 30, Kingston. i Vict. Cap. 46, Niagara Market J Vict Cap. 47, Toronto. An Aet for tlie regulation of Ferries. An Act to provide for the laying out, amendinj and keeping m repair tlie public ilighways and Roads ill this Province, and to repeal the Laws now in force for that purpose. An Act to regulate Line Fences and Waier Courses, and to repeal so munh of an Act passed In the the thirty-third year of the reign of His late Majea- ly King George the Third, iuiiluled, " An Act to provide for the nomination and appointment of Pariah and Town Ofllecrs within this province," as relates to the office of Fence-Viewers being discharged by Overseers of Highways and Roads. An Act to extend the limits of the Town of York, to erect the said Town into a City, and to incorpo- rate it under tlie name of the CUy qf Taronto. An Aet to authorize the erection, and provide for the inainienaneeofHousea of Industry in the sev- eral Districts of this Province. An Act to alter and amend Sundry Acta regulating the appointment and duties of Township Officers. An Act to render valid the late elections for Alder- men and Councilmeu for the Town of Kingston. An Aet to authorize the Trustees of the Market Re- serve in the Town of Niagara to raise a sum of money for certain purposes therein mentioned. An Act to continue an Act passed in the seventh year of the reign of His late Majesty King William the Fourth, intituled, "An Act to alter and amend an Act passed in the fourth year of Hie Majesty's Reign, intituled, ' An Act to extend the limits of the Town of York, to erectthesaid Town into a City, and to incorporate it under the name of the CUif of Toronto.' " EXTENT or BAVINQ. So much a* relates to the duties of persons attending or hav- ing charge of Ferries, the penalties to be incurred by them, and the infliction ana rc«overy thereof. Sections twelve and thirty-Ave. The second and all the subse- quent Seclious of the Act.* The proviso to the ninety-sixth section, and the wliole of the ninety-seventh section. So much of the first Section as relates to the powers and du- ties of Insiiectors, and also Sections three, four, five and six. Sections thirty-two, thirty- three, thirty-four and thirty- five. Section one. So much of the second Section as reserves any privileges or advantages to certain Les- sees and Tenants, or their assigns. Section second. * iVror.— The Act 1, Wm. 4, Cap. 12, rejiealcd by 8 Vie., Cap. 80, aee. l». ■ PIAI,. this Act. LVINO. to the dutiea ingor hay- 'errici, the neurrcd by Sieiion ana thirly-flve. the MUbie- ihe Act.* nety-sizth hole of the tioti. Section ai rs and du- and alHO tive and . thirty, iid thirty- I Section ileges or aiii Lea- or their ,Al-'>r4) PERRIES. .•(•^t 113 .., ..,V k»^:- V r. 1 SECOND DIVISION. Acts of the Parliament of the Province of Canada. MO. 10 11 13 13 DAT! AND SUBJICT OP ACT. TITLE. 9 Vict. Cap. 7, DWiilon of Countioif 9 Vict. Cap. 00, Line Fences. 10 It n Tict. Ca. 39, Western Diiinct. 10 & U Viet. Cnp. 41, Lock-up llousei. ■XTINTOr lAVIMO. An Act (br better defining the limltiofthe Countiei and Dimrlcla in Upper-Canada, (br erecting cer- talD new Townihipe, for detaching Townahipi from aoine Countlen and attaching them tootlieri, and for other purpom relative to tii« divlaion oi Upper-Canada Into Townihipi, Countlea and Diiiricti. An Act to repeal an Act therein mentioned and to provide for the regulation of Line Fences and Water Courses in Upper-Canada. An Act (o divide the Westarn District of the Pro vince of Canada, and for other pur|)0sea therein mentioned, An Act to citaljlish Lock*up Houses in the unin- corporated Towns and Villagvs in Canada West. Heclions one. two, five, seven, eight, nine, ten, eleven, thir- teen and fifteen, together with the Schedules A. U. The whole, cxce,)t so much of the first Section ns vests tiie appoiDtiiieiit of Fence- View- ers in tlic Iiilmbliniit Free- holders and llouiieliuldurH, at tlicir annual meetings. Sections three, four, ten, eleven and twelve. Sections five and six. "f'^? .-tn-iTr FERRIES. UPPER CANADA ACT, 37 GEO., Ill, CAP. 10. I i.5. , ,. -^^ Act for the Regulation of Ferries. , .] , i ^.■•■■'-- ■' • . >: vti^ •;. !■ :•• ■■ -'• [Passed 3rd July, 1797.] tOy the Municipal Corporations Repeal Act, Vi Vict. Cap. 8U, so much of this Act as vesta any powers in the Magistrates in Quarter Sessions is repealed ; and so mucli of it is continued infvfe* as relates to the duties of persons attending or having charge of Ferries, the penalties to be incurred by thum, and the infliction and recovery thereof.] Vide ns to Ferries, Municipal Corporations Act, 12 Vic, Cap. 81, Sees. 34 and 83. WHEREAS il is necessary for the convenience of His Majesty's Subjects, that Ferries should be put under proper regulations vrithin this Province : Be it enacted by the King's most Excellent Ma- jesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assem- bled by virtue of and under the authority of an Act passed in the Par- liament of Great Britain, intituled, '< An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, intituled, ' An Act for making more effcctuA provision for the Government of the Pro- vince of Quebec, in North America,* and to make further provision for the Government of the said Province," and by the authority of the same, That from and after the passing of this Act, it shall and may be lawful for His Majesty's Justices of the Peace, in and for the several Districts of this Province, in their General Quarter Sessions assembled, and they are hereby authorized and empowered, from time to time, to make and ordain such rules and regulations as to them, or to the greater part of them, may appear necessary and proper to be observed and fol- lowed at such Ferry or Ferries, by the person or persons attending the .•same, or having the charge thereof; and also to establish and assess such rates and fees as the person or persons attending such Ferry or Ferries shall and may demand and receive for the passage of persons, cattle, carriages or wares thereat ; a list or table of which rules and regulations, rates and fees, shall be set up in some conspicuous place at every such Ferry or Ferries, for public inspection ; and any person H •I- .• , ( ■ • «... i -• ;■ lit ' '■' ' Preamble. Quarter Scssons loordnin ruli ■ and regulations ; And to ascess the rales ; Table of rcgula- tiouB and fees (a tie posted up at the ferry ; i I* i i! 1 St. I 114 UIOnWATS, HOUSES OF INDUSTRY. Pennliy (br a Fcrry-inan con- vieicii of a kiMch ) Penalty hew to be recovered and dlfpoaed of> attoniling, or havintr ohargo of a Ferry, who shall be convicted before any one Jualice of the Peace, of demanding or receiTing any higher or greater rale or fee than such as shall be so established, asssessed and allowed, or of any breach of any such rules and regulations so made and ordained, as aforesaid, shall for every such offence forfeit and pay thu flum of twenty shillings, to bo recovered before anyone Justice of the Peaco, and levied by distress and sale of the offender's goods and chattels ; one half of which penalty shall be paid to the informer or informers, and the other half to the Treasurer of the District wherein the same may arise, to be applied to the public use of the District. HIGHWAYS. What ihall be deemed a com- mon and public highway. (toll and lyeehold of roada under the provisions of this Act, vested in His Majesty, His Heirs and Successors. " UPPER CANADA ACT, CO GEO. III., CAP. 1. An Act to provide for the laying out, amending and keeping in repair, the Public Highways and Roads in this Province, and to repeal the Laws now in force for that purvose, ''■ '* [Passed 12th March, 1810.] (Repealed, eicepting Ui« two following Sections.) XII. And be it further enacted by the authority aforesaid, That all allowances for roads made by the Kind's Surveyors in any Tewn, Township or place already laid out, or whicn shall be made in any Town, Township or place within this Province ; and aino all roads laid out by virtue of any Act of the Parliament of this Province, or any roads whereon the public money hath been expended for opening said roads throughout this Province, or whereon the Statute Labour hath been usually performed, or any roads passing through the Indian Lands, shall be deemed common and public highways, unless any such roads have been already altered according to law, or until such road or roads shall be altered according to the provisions of this Act. i. /f XXXV. And be itfurther enacted by the authorityaforesaid,Thatwhen any highway or road shall be altered, amended or laid out, under the provisions of this Act, tha* the soil and freehold of such highway or road, shall be thereby vested in His Majesty, His Heirs and Successors. HOUSES OF INDUSTRY. UPPER CANADA ACT, 7 WM. IV., CAP. 24. Preamble. An Act to authorise the erection, and provide for the maintenance of Houses qf Industry in the several Districts of this Province. '' . S ' i - ; ' . [Passed 4th March, 1837.] [So mnchof the first section a* vests any powers granted thereby In the Grand Juries, or the Magistrates in Quarter Sessions, or llmiu the expenditure, and the whole of the second section are repealed.— rule Municipal Corix>rations Act, 12 Vic, Cap. 81, Sec. 41, tixlkly } and also same act. See. Vn,fir$tty.] WHEREAS it is expedient and necessary to provide a House of Industry in the several Districts of this Province, and to provide employment for the indigent and idle : Be it therefore enacted, &c., That «teads have ads shall "hat ivhen nder the y or road, tors. Y. yf Houses 1837.] lea, or the the Mcond I, Sec. 41, ouse of provide c, That HOUSES OF INDUSTRY, the Court of General Quarter Sessions of the Peace, to be holden in each District, after the presentment of three siiccefinivo Grand Juries recom- mending the same, it shall be the duty of 'he Justices of the i>aid Dis- trict to procure plans and estimates for the (traction of suitable buildings for the reception and employment of the poor and indigent, and of the idle and dissolute, and to procure or purcnase a suilahl» site whereon to etcot the same, and to contract for the erection thereof: Provided, the expense thereof shall not exceed the gum nf one thousand pounds ; and also to appoint five Inspectors, who sh.ll have ihu inspection and Sovernment of the said House, with full power to appoint a Master, listress, and such needful assistance for the imr;»(iiato care and over- sight of the persons received into or employed in that House ; which Inspectors, onto every month, and at such other times as occasion may require, shall moot for the purpose of determining tho best method of discharging the duties of their ofRce, and at such meetings shall have full power to make such needful orders and regulations for the govern- ment of the said House, and to alter the same from time to time as they may think expedient, and all such by-laws for the ordering and regula- ting the said House, and the afTairs tnereof, as may be necessary, the same not being repugnant to the laws of the land. ' II. [Repealed.] III. And be it further enacted by the authority aforesaid, That any two of His Majesty's Justices of the Peace, or of the Inspectors appointed, as aforesaid, are herebjr authorised, empowered and directed, to commit to such House, by writing under their hands and seals, to be employed and governed according to the rules, regulations and orders, of said House, any person or persons residing in the District that are by this Act declared liable to be sent thither. IV. And be it further enacted by the authority aforesaid, That the per- son who shall be liable to be sent into, employed and governed, in the said House, to be erected in pursuance of this Act, are all poor and indigent persons, who are incapaole of supporting themselves ; all persons able of body to work and without any means of maintaining themselves, 'who refuse or neglect so to do ; all persons living a lewd, dissolute, vagrant life, or exercising no ordinary calling, or lawful business sufficient to gain or procure an honest living ; all such as spend their time and pro- perty in public houses, to the neglect of their lawful calling. V. And be it further enacted by tho authority aforesaid, That all Inspectors appointed in pursuance of this Act, '.hall keep an account of the charges of ereclingj keeping, upholding and maintaining such House, together with an account of all materials found and furnish.-d together with the names of the persons received into such House, as wel as of those discharged therefrom, and also of the earnings ; one copy ol vrhich shall be presented to the Justices of the Peace of each District once in every year, or oftener when required by such Justices in General Quarter Sessions assembled, and one copy to each Branch of the Legislature. VI. And be it further enacted by the authority aforesaid, That all and every person committed to such House, if fit and able, shall be kept diligently employed in labour during his or her continuance there ; and in case the person so committed or continued shall be idle, and not per- form such reasonable task or labour as shall be assigned, or shall be stubborn, disobedient or disorderly, he, she or they, shall be punished according to the rules and regulations made or to be made fo" ruling, govelrning and punishing, persons there committed. 115 Afier the pre- ■eiitnieni of three lucrettlve Orinit Jurlee, Juitleea «n Quarter HcMlona to procure pUim, purehtM tile, nnd erect a lloute of In- (Juitry \ Nortocoitmoru tbnn one thou- ■and pounda. Juatieea of the Peace mny com- mit periona to the iloitie of Iiiduatry. Who mny be lent into Houaea of Induairy. Inapcclora to keep Bccounta. Peraonasent to Ilouse of Indua- try 10 be diligent- ly employed in labour. i: ilF n I, 'ii' li ti a I i > "i'hi'^'l mi Sic', t)'! '..1 . :.i --■■•A ■ TOWNSHIP OFFICERS. Found keepers to provide thciii- Belvcs with en- closures, and to impound al' ani- inalB unlawfully running at large, nndfuriiislitlieiu Willi food and drink ; (See 43 Geo. IIT. Oh.W, Sec A.) Ifaninnalfi not claimed, and lawful demands not pai - ;;r-!''r,a ■!! :■'. '!,■ ■:! J An Act to extend the limits of the Tovm of York ; to erect the said Tovm into a City; and to incorporate it under the name of the City of Toronto. [Passed 6th March, 1834.] (Repealed, excepting the following.) XCVI. Provided always, that no person shall have a right to vote for fo?t^e"coVnty°or a member to represent the County of York, or any Riding thereof, in any Riding.inVe- respeot to any property situate within the limits of the City of Toronto spcct to property fv r -v. J- .if f withiii the tJity or the Liberties thereof. ^r Liberties. * r ^-.£»- • ^ 118 TORONTO CITY. The City ofTo- ronto to be undentood wherever the name of York occurs in anyAct of ParliaraeiU, deed, 4te. Governor may change the name of any place herctolbre called Toronto. XC VII. And be it furtherenacted by the authority aforesaid, That when- ever ia any Act of Parliament, proclamation, letters patent, record, writ, or other le^al proceeding, deed, wiil^ instrument, or writing of any kind or description) the name of " York" is or shall be used, witli intention to apply it to the place commonly called the Town of York, in this Pro- vince, or to any part of the Township of York, included by this Act within the said City or the Liberties tnereof, the City of Toronto or the Liberties thereof shall, according to the locality, be taken to have been meant and intended, and the name Toronto shall, to all intents and for all purposes, stand in the contemplation of law in the stead and place of York, whenever the name of York is applied to any place within the said City of Toronto or the Liberties thereof^ and shall be so understood and applied by all Courts, Judges and Ju8tioes,and by all persons concerned in any public act or duty ; and that It shall be lawful for the Governor, Lieutenant-Governor, or Person Administering the Government of this Province, to give to any Village, Town, Township or place in this Pro- vince, now bearing the name of Toronto, such other name or names as to him may seem fit ; and from the time of such name or names being changed, by official notification in the Upper Canada Gazette, all and every the provisions in this clause contained for carrying the cnange of name into effect, with respect to the City and Liberties of Toronto, shall in like manner to apply to and be in force in respect to such other place or places of which the name may be changed, according to the nature of the case. r s a i a '10 -■ ■>■ "V-' a VPPER CANADA ACT, 3 VIC. CAP. 47. .:" ii :. Executive Coun- cillors to have Jiiriadlction as Justices of the Pence in the City of Toronto. An Act to continue an Act passed in the seventh year of the reign of His late Majesty Kinp; William the Fourth, intituled, " An Act to alter and amend an Act passed in the fourth year of His Majesty's reign, intituled, * An Act to extend the Limits of the Town of York, to erect the said Town into a City, and to Incorporate U under the name of the City of Toronto.^ » , . [Passed 10th February, 1840.] [1. Repealed.} II. And be it further enacted by the authority aforesaid. That Her Majesty's Executive Councillors in and for this Province, being Justices of the Peace in and for the Home District, shall and may exercise juris- distion over offences committed within the said City of Toronto as such Justices, any thing in the said Act, intituled, '^ An Act to extend the limits of the Town of York, to erect the said Town into a City, and to incorporate it under the name of the City of Toronto," to the contrary thereof notwithstanding. [See 7, Wm. 4, Cap. 39 i 4, Wm. 4, Cap. 83.] NIAGARA MARKET. shall ■ \ UPPER CANADA ACT, 2 VIC, CAP. 46, An Act to authorise the Trtistees of the Market Reserve in the Town of Niagara, to raise a sum of money for certain purposes therein mentioned, ' . [Paased 11th May, 1839.] [Repealed, with the exception of lo much of the leeond section na reserves any privileges or advantages to certain Lessees juid Tenants, or their Assigns.] II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said Robert Dickson, John Glaus, and Lewis Clement, and their successors in office of the trust, atad they are hereby authorised and empowered to mortgage or place in security the said lots number sixty-five and sixty-six, to any person willing to lend the said sum of fifteen hundred pounds, on such terms as may be mutually agreed upon, for the purpose of securing the re-payment thereof with interest, such interest not to exceed six per centum per annum ; saving and excepting nevertheless, to all and every lessee, tenant, or their assignees, now entitled to the occupation or interest of or in any lot heretofore leased, all those privileges and advantages vested in them, or which they or their assignees may be entitled to under and by virtue of any original lease heretofore at any time granted* ' , V ■ Market reserva- tion innjr l>e mortgaged to secure the money borrowed under thin Act. IHii ^ m 11 MILITIA COMMUTATION MONEY. i ACT ^ fy 5 VIC, CAP. 2. Ain Act to Amend the Militia Laws of that part of this Province formerly constituting the Province of Upper Canada. , ^ . , [Passed 17th August, 1841.] [Revived by 13 Vic. Cap. 88.] WHEREAS great inconvenience has been experienced in collecting fines from Aliens ; And whereas apprehension exists among a numerous and deserving class of Her Majesty's Subjects in this Province, having certain conscientious scruples, that they are subject to excessive fines : Be it therefore enacted, &c.. That the fifty second and fifty third sections of the Act of the Legislature of the late Province of Upper Canada, passed in the second year of Her Majesty's Reign, chapter nine, and intituled An Act to repeal, alter and amend the Militia Laws of this Province, be and the same are hereby repealed. II. And be it enacted, that the persons called Quakers, Mennonists, or Tunkers, shall not be compelled to serve in the Militia within that por- tion of this Province, which formerly constituted the Province of Upper Canada ; but every person who shall profess to be one of the people called Quakers, Mennonists, or Tunkers, and shall if required produce a certificate thereof, signed by the Clerk, Pastor, Minister or Elder of the Meeting or Society to which he shall belong, shall be excused and rreainble. The 52ud and 63rd sections of the Provincial Act of Upper Canada, 2d Vic. c.O, repealed. Quakers.Menon- nists and Tunk- ers not to be liable to serve in the Militia In that part of the Province for- merly called Upper Canada. L I 120 MILITIA COMMUTATION, But Bucli perMiis ■hall pay a cer- tain annual sum of money in lieu of BO serving. Tlie lum to be BO paid. AsscBsors (0 enter tlie nnmea of all such pcr- BOns on the As- sensment rolls, ni.id the sum cneti peripn is lialile to pay. Collection of such sums. Application of sucb £uni8. Duly of Path Masters apply- ing such sums ; And in account- ing for ilie same. Penalty on Path Masters neglect- ing so to ac- count. Prosecution |)ei:ding against Quakers, Meno- iiists, or Tunk- crs, for penalties imposed by the Act nrst cited, to be discontinued. exempted from serving in the said Militia, in the said portion of this Province : Provided nevertheless, that every such person, from the age of sixteen to sixty, so claiming to be excused or e.vempted, shall on or before the first day of February, in each and every year after the pass- ing of this Act, give in his name and place of residence to the Assessor or Assessors of the Town, Township or Place where he shall reside, and shall pay in each and every year m time of peace, the sum often shil- lings, and in time of acTbal invasion or insurrection, or when any of the Militia of the District in which such person shall reside shall be called out on actual service, the sum of five pounds ; which commutation money shall be in lieu and discharge of such Militia service, and shall be applied as hereinafter provided. III. And be it enacted, that it shall be the duty of the Assessor or Assessors in each Township within the said portion of this Province, and they are hereby required to annex a column to each and every Assessment roll of each and every Town, Township or Place in his or their respective District, and therein to insert the names of every such Quaker, Mennonist or Tunker, and also affix the sum of money so to be paid opposite thereunto, which sums of money it shall be the duty of each and every Collector in each and every Town, Township or Place within this Province, to collect, in the same manner as he is authorized by Law to collect any ordinary Assessment ; and such Collector shall pay the same into the hands of the Town Clerk, to be expended within the Township where the same shall have been levied, in aid of any road tax or Assessment raised or levied therein. And the Assessor or Assessors shall transmit a list of the names of all such Quakers, Menon- nists or Tunkers by him or them inserted in the Assessment roll, to the Colonel of Militia for the division in which such persons shall respec- tively reside, within thirty days after such Assessment Roll shall have been completed. JV. And be it enacted, that it shall be lawful to and for the said Town Clerk of such Town, Township or Place, and he is hereby required to pay out the said monies from lime to time, to the order of the Road or Path Master of the division wherein such fine shall have been levied, and to be expended on the public Roads, Highways and Bridges within such division. V. And be it enacted, that it shall bu the duty of the Path Masters in every Township or Place, and they are hereby required to apply such sum or sums of money from time to time, to the improvement of the Highways, Roads and Bridges, within such Township or Place, after the manner and form, and upon such place or places, as they shall bo according to law directed, and to render an account thereof upon oath or affirmation, as the case may be, to the Clerk of such Town, Township or Place, whose duty it shall be to report the same to the Magistrates in General Quarter Sessions assembled ; and if any such Path Master, or Town Clerk, shall fail to render such account, or to pay over and distri- bute such monies as may comje into his hands as aforesaid, he shall for such default be subject to a penalty of ten pounds currency, to be recovered with costs by summary process before any one or more Justi- ces of the peace, for the divisiow or district in which such Town, Town- ship or Place may lie, VI. And be it enacted, that all proceedings in any suit, action or prosecution, which before the passing of this Act, may, under the pro- visions of the Provincial Act herein first above cited, nave been com- menced against any such Quaker, !\''ennonist or Tnnker, as aforesaid, for the recovery of any penalty imposed by the said Act, shall cease and be discontinued from and after the passing of this Act. LINE FENCES AND WATER i ' COURSES. .:• r it ACT 8 VlC.f CAP. 20. . t An Act to repeal an Act therein mentioned, and to provide fur the regulation of Line Fences and Water Courses in Upper Canada. [Passed 17th March, 1845.] [So much of ibc flrat lectioD repealed aa veiU the appoinimcnt of Fence Viewers in the inhabitant freeholders and houieholtJcri, nt their annual niectlngi.— fi Mei'l- IngB, iind to lie Townnhip Offl- cff within the meaning of I Vict. cnp. 4. Fence Vicwern tiliall linvc (low- er, on the uppli- Ciilion of pnrtiea being neiyh- bourn, to aiHign to ench the Mliaro of the liine Fence he is bound to keep ' up, ' ) Award how to Ik; liiadi; and enforced. • .V.J / i •■ J . ■.—.•■[■.' • rroviso, In cer- y a party for his neighbour under the next fireceding sec- ition, first procur- ing a report of Fence Viewers. Duty of the Pence Viewers in malting such report. parcels of land, an award which has been made under this Act shall cease, in the opinion of either of the parties, to be equitable between them, it shall be in the power of either to obtain another award of Fence Viewers by the same mode of proceeding as in hereinbefore directed : and that if the Fence Viewers who shall have been called upon to make such subsequent award shall find no reason for making an alteration, the whole cost of such reference shall be borne by the party at whose instance it shall have been made. III. And be it enacted. That if any party who may be in the occupa- tion of any tract oi parcel of land, shall neglect or refuse to make or repair (as the case may be) an equal or just proportion of the Division or Line Fence between such tract or parcel of land and the adjoining tract or parcel of land, for a period of thirty days after being required by a demand in writing, by the party occupying such adjoining tract or parcel of land, or after the award of the Fence Viewers as aforesaid, to make or repair such equal or just proportion of the Division or1.ine Fence, or if the party making the demand shall for such period ne|;Iect or refuse to make or repair an equal or just proportion of the Division or Line Fence, it shall and may be lawful tor either of the said parties, after first completing his own proportion of such Fence, to make or repair, in a substantial manner and of good sound materials, the whole or any part of the said Division or Line Fence, which ought to have been by the other paity made or repaired, and to recover, in the manner herein- after mentioned, of the party who may have neglected or refused in manner aforesaid to make or repair such proportion of the Division or Line Fsnce, the just*and full value of such proportion not exceeding the sum of two shillings and six pence per rod, to be ascertained and de- termined in the manner hereinafter provided : Provided always, that any Fence coming wilhin the meaning and intent of the resolution adopted by the inhabitant householders and freeholders, at their last annual Township Meeting, shall be considered by all Fence Viewers to be a lawful Fence, and when no such resolution shall have been adopted, then and in that case it shall hs lawful for such Fence Viewers, when called upon, to exercise their own judgment and decide what they consider to be a lawful Fence. ' ' <-■■''■' >' >■■ ;• IV. And be it enacted. That it shall and may be lawful for any Jus- tice of the Peace, residing within the Township in which such Fence may be situated, and if there be no such Justice residing in the said Township, then any other Justice of the Peace residing in any adjacent Township, and he is hereby required, upon the demand of any party interested, to issue a Summons under his hand and seal directed to three Fence Viewers (by their proper names) of the Township in which such Fence is situated, requiring them to attend at the place and on the day and hour therein mention'^d, to view such Fence and to appraise the same ; and also to issue a Summons to the party so having neglected or refused to make or repair such proportion of the Division or Line Fence, (who shall thenceforth be considered as the party defendant in the case,) requiring him or them to appear at the same time and place, to shew cause why the party claiming payment as aforesaid (who shall thenceforth be considered as the party plaintiff in the case) should not recover the same. V. And be it enacted. That such Fence Viewers, upon being person-* ally served at least four days previously with such summons, and any vro of them being there then present, and after having duly e.xamineu : '■ t Fence avid received evidence, which, if required by either party, L > \ if th^ said Fence Viewers shall think it expedient, shall be given unddr oath| they or any two of them shall determine whether the said Z LINE FENCES AND WATER COURSES. 123 or {>arty plaintiff is entitled to recover any or what sum from the party de- en(Uint under the provisions of this Act ; and in all cases where the commencement or extent of the part of such Division or Line Fence which each should make or repair has not been determined by the award of Fence Viewers aa aforesaid, the said Fence Viewers or any two of them ahall determine the same, (which determination shall be final and binding on the occupiers of the said tracts or parcels of land, and have the same effect as it it had been made by the Fence Viewers in the manner first before mentioned,) and shall report their determination upon the matters aforesaid in writing under their hands to the Justice by whom the Summons shall have been issued, and shall also, in all cases where they determine that the plaintiff or plaintiffs is or are entitled to recover any thing from the defendant or defendants, state what distance of Fence they have determined that the defendant or defendants should have made or repaired ; and the said Fence Viewers, if they shall be required by either party, before they shall have made a report as afore- said to the said Justice, shall ^ive to such party requiring the same a true copy of their said determmation. VI. And be it enacted, That if either of the said parties shall desire to procure the attendance of any person or persons to give evidence before such Fence Viewers, it shall and may be lawful for the said Justice to issue, upon the application of either of the said parties, a Summons to any person or persons to attend as a witness or witnesses before the said Fence Viewers at the time and place mentioned in the said Summons to the Fence Viewers ; and that the said Fence Viewers, when met as aforesaid at the time and place mentioned in the Summons, shall be and are hereby authorized, whenever it shall be desired by either party or they shall think it proper, to administer an oath to any witness, which oath shall be in the following form : "You do solemnly swear that you will true answer make to such questions as may be asked of you by either of the Fence Viewers now present, touching the matters which they are now to examine and determine : So help you God." And if any person giving evidence as aforesaid under oath shall be guilty of false swearing, he shal 1 be guilty of wilful and corrupt perjury, and upon conviction thereof shall be liable to the same punishment and disabilities to which persons convicted of that offence in other cases are now by law liable. VII. And be it enacted. That the said Justice to whom the determi- nation of the Fence Viewers shall be returned as aforesaid, shall trans- mit the same to the Clerk of the Divi:>ion Court hav \g jurisdiction over the said Township, and certify and transmit a copy thereof to the Town- ship Clerk, to be entered in the book in which the Township proceedings are recorded, and thereupon the said Clerk of the said Division Court shall issue an execution against the goods and chattels of the said defendant or defendants, in the same manner as if the party in whose favour the said determination shall have been made, had recovered judgment in the said Court for the sum which the said Fence Viewers shall have determined as aforesaid he was entitled to receive, with such costs as are hereinafter provided and to be allowed: Provided also, that no such Writ of Execution shall be issued until after the expiiation of forty days from the time of such determination. VIII. And be it enacted. That when any party shall cease to occupy or improve his land, or shall lay the enclosure before under improve- ment, in common, the said party or parties shall not have aright to take away any part of the Division or Line Fence adjoining to the next enclosure that is improved or occupied, provided the party occupying the lands adjoining tne same will allow and pay therefor so much as the To whnt point the report thail extend. Copy may be required by eitber party. Witnesses may be iuinmoned. And sworn. ■i». The oath. False swearing to be perjury. The Report shall be transmitted by the Justice to tlieClcrld according aas herein- air Division 1 be author- 'hich to the is improved Is adjoining n or persons he same as for at least ice running )e made in id in case tie share to be had, as in this Act Bcupied by I or divided 3lf is not a le may be id if in the eek, is not nee at the which side • partly on ind reduce jases ; and lintain the he Fence be done and the 58, and to .of Water all cases Ditch or swamps owners or prove the t and fair Jral inter- where a :tent that referred leretofore ^e to Line or Division Fences ; and it chall be the duty of such Fence Viewers to whom such matters shall be referred, to divide or apportion such Ditch or Water Coure>e amon^ the several parties, in sach way as in the opinion of such Fence Viewers shall be a just and equitable proportion having due regard to the interest each of the parties shall have in the opening of such Ditch or Water Course ; and the Fence Viewers at the same time decide what length of time shall be A A party may take lawful pos- session of the allowance for rond in rear of his lot, in cer- tain cases and on certain con- ditions. Proviso. Fees for services under this Act. 126 LINE FENCES AND WATER COURSES. Feei actually pnid 10 b« in- cluded in tha execution. Interpretation clauie. ActofU. C. 4WillininIV. c. 13, repealed. Provlio. Preamble. 4 and 5 Vict, cap. IV. -i To the Fence Vietoeri : Five shilliiif^s per day each ; if le«s than half a day employed) two shillings and six pence. .., . To the Bailiff or Constable employed: .' " '. ' ' ' ' ' ' " For serving Summons or Subpwna, one shilling. '•>*•' • 'i ' Mileace — per mile, four pence. -;" To Witnesses — per day each, two shillings and six pence. XVII. And be it eriacled, That the fees hereinbefore allowed shall be included in the execution to be issued by the Clerk of the Division Court as aforesaid, upon the party in whose favour the determination of the Fence Viewers shall be made, making; an affidavit that the same have been duly paid and disbursed to the said parties respectively, (and which affidavit the sj^id Clerk is hereby empowered to administer), and when recovered shall be paid over by the said Clerk to the said party entitled to recover the same. XVIII. And be it enacted, That the words "Upper Canada" wherever they occur in this Act shall mean all that part of this Province which formerly constituted the Province of Upper Canada; that the vi'ord ** party" in this Act shall include any person or persons, body or bodies politic or corporals ; and that all words importing the singular number or the masculine gender only, shall include several persons, matters or things of the same kind as well as one person, matter or thin^, and females as well as males, unless there be something in the subject or context inconsistent with such interpretation. XIX. And be it enacted, That the Act of the Legislature of Upper Canada, passed in the fourth year of the Reign of His late Majesty King William the Fourth,' and intituled, An Act to regulate Line Ftnces am Water Courses, and to repeal so much of an Act passed in the thirty-third year qf His late Majesty King George the Thirds intituledy " An Act to provide for the nomination and appointment of Parish andTown Officers within this Province j'* as relates to the office of Fence Viewers betrrj discharged by Overseers of Highways and Roads, shall be and the &\;A Act is hereby repealed upon, from and after the first day of April next: Pro- vided always, that the repeal of the said Act shall not be construed to revive any Act or part of an Act thereby repealed. TAX ON DOGS. ACTS ric, CAP. 67. An Act to empower the District Councils of Municipal Districts, and Boards of Police of Incorporated Tonms in Upper Canada, to impose a Tax on Dogs, within their respective Districts and Towns. [Passed 29th March, 1845.] WHEREAS it is expedient to empower the District Councils and Boards of Police in Upper Canada to impose a Tax on Dogs, and to make By-laws respecting the keeping of Dogs, and for preventing their running at large : Be it therefore enacted, &c.. That in addition to the purposes for which, by the thirty-ninth section of the Act passed in the fourth and fifth years of Her Majesty's Reign, and intituled. An Act to provide for the better internal government of that part of this Province which formerly constituted the Province of Upper Canaaa, by the establishment of ^ii\f •:■ t * ,\ ACT 9 VIC, CAP. 8. » t ." s4n Act to prevent the opening of Cfovemmmt AUaoances for Roads , without an order from the District Council of the District in w^^ich the •i said Allowancts are situate, [Pasced 18ih May, 1846.] WHEREAS in consequence of roads established by Law, parallel or near toOorernmenl allowances for roads and in lieu thereof, the said allowances for roads have for years remained closed and in the possesision of private persons ; And whereas great inconveniences may arise in consequence of the said allowances being thrown open without due notice thereof being given : Be it therefore enacted, &c. That from and after the parsing of this Act no allowance for road shall be opened unless an Order orderina the rame to be opened shalt be first made by the District Council of the District in which the allowance is situated: Provided always, that no such Order shall be made unless a notice in writing that an application for that purpose will be made shall have been civen to the paity in possession ot such allowance fur road, at least eight days previous to liie meeting of the District Council at which such application is intended to be made. The District Councillors lor the said County of Kent to pro- cure plans for a Court House and Gaol. Where Uie said Gaol and Court House shall be erected. WESTERN DISTRICT. ♦ l,ii!i;i .' ;• V •:% ACT 10 & 11 VIC, CAP. 39. :(■. ,f An Act to divide the Western District of the Province of Canada, and for other purposes therein mentioned. [Passed 9th July, 1847.] t^ . [Reiwaled with the exception of the following Sections.] • .,' III. And be it enacted, That the District Councillors for the Town- ships in the said County of Kent, shall and they are hereby authorized, at a Public meetins to be by them holden for that purpose, at some con- venient place, witnin the said Town of Chatham, so soon after the passing of this Act as may be convenient, (a notice signed by a majority of the said Councillors calling such meeting and fixing upon the time and place thereof having been served at least ten days before that fixed for the meeting, on each of the Councillors entitled to attend the same,) to procure by such means as to the said Councillors, or the major part of them present at such meeting, or al any adjourned meeting of the said Councillors, shall seem fitting and proper, plans and elevations of a Gaol and Court House, to be laid before tnera for the purpose of there- after selecting and determining upon one by the Councillors then and there assemWed as aforesaid. IV. Provided always, and be it enacted, That such Gu jI and Court House for the said District of Kent shall be erected oi the ground reserved as a site for a Gaol and Court House in the said Town of Chatham, which ground and the said Court House and Gaol shall be from and after the Proclamation aforesaid, vested* in the District Council of the said District of Kent, until which time the same shall be ( I '' ^ .... I . •!■ ' ,". I., - -. f for Roads I which the , 1846.] 'f parallel au thereof, iiru( in the mces may m without rhat from [ shall be I) be first ;wanoe is ) unless a lade shall I for roail, /ouncil at iii r. I, and for 1817.] e Town- thorized, )me con- after the majority the time bat fixed tend the he major ng of the ations of af there- hen and id Court ground 'own of shall be District ihall be LOCK-UP HOUSES. and are hereby vested in t)ie HuiUling Committee hereinafter men- tioned. X. And be it enacted, That it shall and may bo lawful for the Coun- cillors for the TownnhipH iii the said County of Kent, so assembled as aforesaid, and they are noreby empowered by an order of such meeting, to authori/.e and cfirect \hn Treasurer so to be appointed as aforesaid, to raise by loan, from sucli person or persons, bodies corporate or politic, as may be willing to lend tho same on the credit of the rates and assess- ments to bo raised, levied nd collected in the said intended District, a sum not exceeding three tliousaiid pounds, to bo applied in defraying the expense of building the said Court House and Gaol. XI. Provided always, and be it enacted, That the money so borrowed under the authority of this Act shall not bo at a higher rate of interest than six per centum per annum ; and the Treasurer for the said intended District for the time being, shall annually, until the loan so raised, with the interest accruing thereon, shall be paid and discharged, apply towards the payment of the samo a sum not less than one hundred pounds, together with the lawful interest upon the whole sum which may from lime to time remain due, from and out of the rates and assessments so coming into his hands, for the use of the said intended District. XI r. And be it enacted, That no Treasurer hereafter to be ajjpointed. either by the said meeting, or by the Councillors of the said intended District, shall be entitled or authorized to receive any poundage or per centago upon any sum or sums of money which shall or may be loaned under the authority of this Act, or which may como into his hands, or for paying out any sum or sums of money, in discharging and liquidating such loan with the interest thereon as aforesaid. 129 The Mill Coun- clilort may autliorlie a loan to Iw railed by Hie Trcniurer of llie llullihng Coniiiiltiee. Amount to t>o borrowed. No more than leyal tiitcreil to be paid. Interest and enpitnl how to bo paid. No Treaiarer to rerelve any per centBge on monii-a coming into hii band* under thii Act LOCK-UP HOUSES. ACT 10 Sf 11 VIC, CAP. 41 An Act to establish Lock-up-Houses in the unincorporated Towns and Villages of Canada West. [28lh July, 1847.] [Repealed, except the following Clauses.*] III. And be it enacted, That it shall be lawful for each such Dis- trict Council to establish a Lock-up-House in any such Town or Village containing not less than one hundred adult inhabitants, and not beins distant less than ten miles from the District Town : And that the said Lock-up-Houses shall be severally placed in the charge and keeping of a Constable, to be specially appointed for that purpose by the Magis- trates of the District in which such Town or Vilin^jo may be situated, at any General Quaiter Sessions of the Peace for the said District ; and such Constable shall be resident in such Town or Village and be one of the Constables of the Township in which such Town or Village may be situated, and the said Justices in Quarter Sessions may allow such salary or fees as they may think proper to such Constable. * Section 3 is not mentioned in the repealing Schedule of the Act 12 Vic, Cap. 80 ; nor ia it mentioned in ihe saving Schedule. Vve take it, therefore, that the clause is still in force. District Councils to establish Lock-up Houses and the Mngis- trates in Q,. B. to appoint Keep- ers and Ox iheU fees or salaries. fl 130 COUNTY DIVISIONS ACT, U. C. JuBiices of the I'cacc rcsidiiiz in or iienrtlieTown or Village, may commit persons cliarged with certain crimes to the Li0cl<-up House. * Sie. Expense of con- veyinc prisohers tc Lock-up Houses liew defrayed. V. And be it enacted, That it shall be lawful for any Justice of the. Peace, residing at or near any Town or Village whereaLock-up-Honse may have been established, or nearer to the same than to the D'strict Town, to authorize by written order to* confinement or detention therein of any person or persons who may be charged on oath with having com- mitted any criminal ofTencti, and whom it may be lawful and necessary io detain until such person may be examined and fully committed for trial to the Common Jail, or dismissed as the case may be, so as such confinement or detention shall not exceed the period of two days : And also, all persons found in the streets or high ays in a state of intoxica- tion, and all persons who may have been convicted of unlawfully dese- crating the Sabbath, and generally all persons convicted, on view of such Justice of the Peace, or on the oath of one or more credible witnesses, of any offence cognizable by the law of that part of this Province, formerly Upper Canada, so as such detention or confinement in any of the last mentioned cases shall not exceed the period of twenty-four hours: And to authorize the detention therein of any person committed to the Com- mon Jail, until such person can be conveyed to such Jail. VI. And be it enacted. That the expense of conveying any prisoner to, and detaining and keeping him or her in any such Lock-up-House, shall be defrayed in the same manner as the expense of conveying such prisoner to and keeping him or her in the Common Jail at the District would by law be. COUNTY DIVISIONS ACT,U.C 8 VI C, CAP. 7. Addington. Carleton. Dundas. Durham. Essex. An Act for better defining the limits of the Counties and Districts in Upper Canada, for erecting certain new Townships, for detaching Townships from some Counties and attaching them to otheis, and for other purposes relative to the division of Upper Canada into Townships, Counties and Districts. [It is unnecessary to publish here, the whole of the unrepealed parts of this Act, but the following Schedule, will be useful for reference in connection with the Acts 12 Vic, caps, la, 71), and 9U, on pages 80 to 94, inclusive, of this Manual.] [Passed lOlh February, 1845.] SCHEDULE B. COUNTIES AND RIDINGS. Addington, — (Which for the purpose of representation in the Legislative Assetnbiy shall be united as it now is with the County of Lennox,) shall include and consistof ihe Townships of Amherst Island,Camden, Erneslown, Kaladar, Sheffield and Anglesea. Ca>/e)>gil'.ut"il I'or rert.'iiti oiImtu ih Uic «akl Ac I. 134 CORPORATIONS AMENDMENT ACT. J low tlu!>'iiil Act >li»ll iiciXMl'ifr lie CUMSlrUL'li. Proviso : n> to iliinas Hire. Illy ilotic. ■ r.iri. luav beliail ill l-Sl'. Governor mri> issue a proclaiii- ation for author iziii^'itie iiiiiiiedl- ate oriiaiiizatioii of a Muiiici|ialit\ ill any town iii the first (tivisiiiii of Sclieilalp L). and may provli!),' thereby for vin- tain purposes. Doubts Hs to elect ionK in Hellevilie, Itv- loun, Ricliino!>! and Peierboroii;!ii removed. . ,.>o fia to I ;iJ! procwcJ- Ai I .T,' to IJtU- [tiv; (|uiililicii- 1 >:.' or couiif i!- Ii)rj, &c , cicctcJ Hi Jaii;,.-ir),l85il. loQ CORPORATIONS AMENDMENT ACT. thereon, shall be and the same are hereby ratilieil and confirmed, any liiinir in the said Act to the cuntrary notwithslatidin^ ; and that tor unci jiotwithstaiiding any such detect ot ^uhslunce or I'orni in the persona Nvho appointed the times and places of meeting of the Town Councillors returned at such Elections for the purpose of organizing the Com- mon Councils of such Towns respectively, or in the notice given for holding such meetings, or in the time when or the place where the same were held for that purpose, the organization of such Common Council3 and all proceedings had thereon, shall be, and the same are hereby ratified and confirmed, any thing in the said Act lo the contrary not- withstanding : Provided always nevertheless, that nothing in this Section contained shall render valid or otherwise aiFect any such proceeding which shall have been made the subject of proceedings at law actually instituted before the passing of this Act, and still pending before the proper tribunal ; any thing herein contained to the contrary notwith- standing. VI. And be enacted, That for and notwithstanding any want of qualification in resi>ec!t of property in any person electeil a Councillor o( any Township, Village or Town, or an Alderman or Cwincillor O'f any City, at the Annual Municipal Elections for the different Town- ships, Villages, Tow."s and Cities, held in January last, the election of every such Councillor and Alderman, if in other respects sntiiciet't, jw -o (13 to shall be and the same is hereby ratified and confirmed; Provided |.i«:.^( MS procec 1- .ji^yayg nevertheless, that nothing in this Section coritainecl shaill rentier " valid or otherwise alfect the claim of any such person whose election shall have been made the subject of proceedinc;s at law, actually insti- tuted before the passing of this Act, anil still pending before the piopcr tribunal ; any thing herein contain eil to the contrary notwithstandin:,. VII. And be it enacted, That the powers and duties, by the thirtieth and thirty-first Sections of the Act passed in the last Session of Parlia- ment, chaptered thirty-five, and intituled. An Ad to repeal certain Acts Ht£rein rnentioncd, and to make better provision respecting the admission of Land Surveyors and the Sxirvey of Lands in this Province, conferred and imposed upon the Municipal Councils of the different Countieii (therein called Districts) in Upper Canada, and on the Treasurers and other officers thereof, shall be and the same are hereby transferred to and imposed upon the different Township Municipalities in Upper Canada, and upon their Treasurers and Officers respectively, to be exercised and performed by such Township Municipalities, their Treasurers and other Officers in the like cases and in the like manner as is therein pro- vided with respect to such corresponding Municipal Councils, their Treasurers and other Officers ; and no such powers or duties shall hence- forth belong to, or be required of, the Municipal Councils of the different Counties or Unions of Counties in Upper Canada, their Treasurers or other Officers, or any of them. VIII. And v\'hereas by the third Section of the said first-mentioned Act, provision was made for the Union of Townships having less than one hundred resident freeholders and householders on the Collector's Roll, to any adjacent Township having that number of such freeholders and householders, but not for the Union of several Townships having each less than the prescribed number of such freeholders and house- holders, but which, if formed into a Union, would together have more than such prescribed number ; And whereas in the newly settled parts of the country, the want of such a provision has been found to occasion ^rieat inconvenience : Be it therefore enacted, That it shall and may be lawful for the Municipal Council of any County or Union of Counties in Upper Canada, at any time befoie the thirty-first day of December, in Ccf.'iin pi>wer?, &.r;.,aa to surveys n:i.)'r l"i Vic. c, :V), transferred to nn I vested in to-.vimhip muni- cnai.tics. H.''..al. H.1 1,1 union:; of f * liv. » Tied, Jtny It tor aiui i persona ouncillord the Com- given for t the same Counciln re hereby irary iiot- lis Section roceeding V actually jefore the ' notwilh- y want of unci I lor of iiicillor of nt Town- jlection of snfiiciei'», Provided lall render e election Killy insli- the pioper landing. thirtieth Pariia- rtain Acts Imissien of erred and (therein and other 3d to and Canada, cised and irers and erein pro- jils, their ill hence- different isurers or lentioned less than ollector's beholders ).s having d house- Lve more kled parts I occasion may be [unties in nnber, in CORPORATIONS AMENDMENT ACT. the year of our Lord one thousand eight hundred and fifty, ty a By-law to be passed for ihat purpose, tc dissolve all or any of the Unions 01 Townships formed or to be formed under the authority of the said third section of the said Act, and if they shall deem it expedient so to do to form such other Unions of the Townships within such Counties or Unions of Counties, as they may think most convenient for the accomo- dation of the people of such Townships: Provided always nevertheless, lirstiy, that it shall be lawful for any such Municipal Council, in form- ing such Unions, to attach together any two or more Townships lying within the same County, but not when they shall be within different Counties of such Unions of Counties : And provided also, secondly, that the Townships to be thus formed into any such Union shall together have had not less than one hundred freeholders and householders on the Collector's Rolls for the Idlfet year ♦hat the same shall have been respec- tively mado up prior to the passing of such By-law : Provided also, thirdly, that every such By-law shall designate the order of seniority of the To vnshipri foiming every such Union of Townships, which shall in every such By-law be arranged (uidess in the opinion of such Municipal Council, there may appear some special reason to arrange them other- wise) according to the relative number of freeholders and householders on such Collector's Rolls respectively, those having the greater number on such Rolls being placed senior to those having the less. IX. And be it enacted, That upon, from and after the day on which any Proclamation already issued, or to be hereafter issued, under the authority of the said first mentioned Act or of this Act, for erecting any village, hamlet or place into an incorporated Village, or any incorporated Village into a Town, shall have come into force and taken effect, or shall hereafter come into force or take effect, every such incorporated Village or Town, with the boundaries in such Proclamation prescribed for the same, shall be and be held to have been, and shall continue to be part of the County to which it shall by such Proclamation be declared to belong, as well for the purpose of representation in the Commons House of Legislative Assembly of this Province, as for all other purposes whatever, except only when any such Town shall be entitled to be represented in such Legislative Assembly by a member or members of its own, in every which last case, such Town, with the boundaries in such Proclamation prescribed for it, shall, for the purpose of Representation in such Legislative Assembly, cease to be or form part of such or any other County ; and that upon, from and after the day on which any Proclamation already issued or to be hereafter issued, under the authority of the said first-mentioned Act or of this Act, for erecting any Town into a City, shall have come into force and taken effect, or shall hereafter come into force and take effect, such City and the liber- ties thereof, with the boundaries in such Proclamation prescribed for such City and the liberties thereof, shall, (if such City, when a Town, shall have been entitled to be represented by a member or members in the said Legislative Assembly,) for all the purposes of Representa- tion in such Legislative Assembly, altogether cease to be or form a part of the County of Counties out of the territory of which it shall have been formed, and shall be, and be deemed to have been, from the time afore- said, in the relative position to the County on the borders whereof it shall be situate, provided and prescribed by the eighty-fifth Section of the said first mentioned Act, and the other provisions thereof. X. And be it enacted, That it shall be lawful for any of the Munici- pal Councils of the several Counties and Unions of Counties in Upper Canada, to establish a Lock-up-House in any Town, Incorporated Village, or Police Village, within the Jurisdiction of such Municipal Council, and to establish and provide for such salary or fees to be paid 1.^7 I'rovifO. Proviso. I'roviso. In wliat rr'i'H nml for whn: ) 'ir- POKCH lO'.Vl.fl fUKj citit'H "hail <'ii\ fofiii \)an o'v" ih«* roiiiitic^ HI whicll tliey ' •'• Incorporr.tcl vil- layen aUvavH lo he pan o:' ./.<■ county. l,OCk-lip-l}C.:'^t«! may heeefalli^li- eil tjy coniiiy coiincilp, (iiitjt'oi to certain provi- sion?, and in '•fr- tain plaf"!'"!. 138 I'roviJo. I'rovi.io. I W, l.cl. rrovi.iionnl ininiici|inl coun- cils limy borrow money, and con- triict (li^lits for I'-criiiin purposes. .Muiii'Mp:!' coun- •■il.-ulii-titiited for 'iir'jvi.• ,•■ in Equity, wlioroin such Provisional Municipal Corporation shall nave been a party, and pending at the time of the dissolution of such Provisional Municipal Corporation, shall bo continued by or against such substituted Municipal Corporation in their Corporate Name as if such Municipal Corporation had been the party thereto originally. XIV. And be it enacted. That no By-law passed or to be passt'd by any Provisional Municipal Council, in accordance with the icciiiircirnents of the one hundred and seventy-seventh Section of the snid lirst men- tioned Act, for imposing a special rate to be levied in each year, for the payment of any debt created by loan or otherwise, shall be repealed by the Municipal Council, which shall thereafter be substituted for such Provisional Municipal Council until the debt so created and the interest thereon shall be fully paid and discharged : Provided always neverthe- less, that no such By-law as aforesaid, whether passed by any INInnici- pal Council, or by any Provisional Municipal Council, shall be held to be repealed by the Act passed in the preseiTt Session of the Provincial Parliament, and intituled, An Ad to repeal the Acts and p-ovismix of Laio relative to Assessments and matters roimected thereinlh in Upper Canada, but notwithstanding any thing in the said last mentioned Act contained, every such By-law shall remain in force until the ilebl to which it relates, and the interest thereon, shall be fully paid and dis- charged. XV. And be it enacted. That in case of there bein£>' an erinality of voles in the Municipal Corporation of any Township or Village, on the Election of Town reeve for such Township or Village, or in the Municipal Cor- poration of any Towu or City, on the Election of Mayor for such Town or City, the ^lember of such Municipal Corporation who, accordinir to the Collector's Roll or Rolls of such Township, Village, Town or City, for the year next preceding that for which such election shall be held, shall be assessed for the highest amount, shall have a second or casting vote on such election. XVI. And be it enacted, That in every Proclamation erecting the Townreeves and Deputy Townreeves of any Junior County into a Provisional Municipal Council for such Junior Coun*y, a time and j)lace may be appointed for holding the first Meeting of si'ch Provisional Municipal Council, and some one of such Townreevesor Deputy Town- reeves appointed to preside at such Meeting, and in case any such Proclamation shall not contain any such appointment of time or place or of a person to ^preside at such first Meeting, and in all cases of the erection of such Provisional Municipal Council by Act of Parliament, such time and place and such presiding Ofiicer as aforesaid shall and may be appointed by the High Sherift'of the United Counties, of which such Junior County shall be one, by a warrant under his hand and seal directed to such Townreeves and Deputy Townreeves by their name of office, and published in the Official Gazette of this Province : Provided .ilways nevertheless, Firstly, that such presiding Officer shall preside in such Provisional Municipal Council only until a Provisional Warden shall be elected by such Provisional Municipal Council : And provided also. Secondly, That in all cases of an equal division of voles on any question pending in any such Provisional Municipal Council, the Pro- 130 Ami 10 Ir linj.ir (or ilebis, iSiC. CVrtiiiti l)-ln«s not 10 li'-' n |ii'iU- Proviso iis 10 Cll't'Ct CI' cissus*- iix'iit ri'iK'.'iliim Act ol' tins .-cs- t^iuii. Cnpe of o.iiinljly of voii's lir .Mayor, ikc, pro- viijud icr. Tiim' aii'l pi^ci' of lirsL iiit'oiii:;' of jirtvi'-itriiil liiii!iipi|i;.! i-uiui" rjl 10 hi; ;i|.f'Oiijt- ccl liy proC.-iiiii;- lioii." How, ifli;'.' I'.Ai. C. lie t'ri'Cii.'ii l.y Act of r.itli.-i- imvil. I'rovifc rroviso. 140 t'rovliloni of ! I'criiiin...ion to proceed. I Section .11. — Siih-Sec tion 17 between the words i'' Road or Itridue Com paiiies," and the words ;" with any Ro^ids or 'Bridses within the juris- jdiction " ' Section 31. -Sub-Sec lion UO, between the i words " reasonable pun j isliment," and the words, 1 " not exceeding," The ATnnicipal Council for Section 3.3.— After the such < .'ouiity . words," shall cunstitute" Ry imprisonment. WORI'S. PlIRASFS AND SUNTKMrEg SUBSTITtrXEl) run. THOSE BY Tins Act KKt'EALEn. To divide such Townships into several Wards, or where tho same sIikII have lueri previously so iliviileil by Act, oliher of Ihe lUsirict or County Mujiicip.'i'l Cuuiicil. or of the Municipality of the Township, ihcn lo diviili; '''e ^nnie anew into several wards as al'ofesaid, arranging or one hundred for tl>c year next but one following. Such and so many Assessors nii.1 Collectors for the said Township as shall or may be permitted or prescribed (as the case may be) by the Laws for the assecsment of proi>eriy, and the levying and collecliiig of rates lor local purposes, in force ii> Upper Canada for the lime being. to which opposition has been made in accordance with the provisioiiH of the Act passed in the present Session of Parliament, intimled, "An Act to authorize the formation of Joint Slock Companies, tor the construction of Roads and other works in Upper Canada," |)ermission to proceed. by imprisonment either In any Lock-up House in any Town or Villaae situate within the Township or in Ihe County Gaol or House of Correction for my period. the Municipal Council for such County : Provided always, nevertheless, firstly, 'i'hat no 'J'ownreeve shall he entitled to take his scat in such Municipal Council, until he sh^U have filed with the Clerk of such Municipal Council, a certificate under the hnnd and seal of the Town Clerk of the Township, Vlllace or I'own for vvhicli he shall .be entitled to sit in such Municipal Council, of his having been ■ • .. SCHEDULE A. 141 «iich Pro* i second or in the two mentk'il by cember, in le, aiul the I uiuler the vely at all ious to that I'BSTITUTUU AI.EI). vera} \Vnrd», ircviotisly no pi or (,'ouiiiv pnlity of the t anew into or Dllcctors for leniiitied or Lnwi for evyint; anit II force ill accordance the present 'in Act to .'ompniiies, works ill Hoime in Township) ection for Provided ownreeve tlunicipnl I Clerk of jnder the owiiship, milled to ing been NO. in II WoRw. riiR»»FS It Btnrssct* nr H Vif,. C*f. «l, RitritAi.KO BT mis Act. Scctioni, Suh-Heetionp nnd Vtov\>o§, of I'i Vic, Cap. HI, nnd the pnrt« xliereof, re»pec- lively, ill which ihe re|ie!ih!ilworilii,plirnM'i> nnd reiiteiice* arc con- III i lied. WoRni, PiinAiiK* AND Pkntkncfi wmrrii'Tsii fuR riio^iK BY Tiim Act rki'kai.ko. I or the Tiis|iertor« of the Section 11. — Sub-Hi'c Oouiiiy lljoixHof Iiidumry, niidiioii g, iifier the words, 01 Huch nnd i^o many other •• for the appointment," .Olncers nn may be iieceHnaryJ |for carrying into elfeci any of ilrrj^rovisioiiHof thi» Act, or o^ lany olher Aciof llieLeaislaliirei loflhiii Province, or of tiie late' |Province of l/pper Cnnniln, (he erection orinaintenaiiceofiiuclil IIIouHCH of Iniliititry, or of any jlty-law or By-laws of the mu- nicipal Council ofHu'i County, IreKpectiiig the »ainc. duly elected, nnd taken ilie Onth of Uunlillraiion ami < "ihce as siirli 'I'ownrceve ; And provi.jfd nUo, secondly, That no Hcpiity Townrecve »linll he en- titled to tal filed a similar certificate with Ihe Clerk of such Municipal Coniicil, and nlro i« copy of the Colleciorn' Roil or Rolls for siicli Town- slilp, Village, or 'Inwii, lor ihe previous year, verifled liy the atPdavit or atrirniaiiuii of the Ccl- leclor, appeiKJeil lo or endorncd upon such copy, and sworn or iifflrincd lielore i-oine Jiinire of the Peace fur ilu- Conniy. to the eil'tci tliat the satin: is a true copy of buch Roll or PoIIh, and itiiit it con- tains the namcKof all the frcehulders nnd honsc- holilers in such TowiiHJiip, Villaae or 'I'own as iliey appear upon such Roll or Hulls. under the Corporate .Seal of such Coiiniy Couucil, one or more Cunniy Knaineers. one or more Iti- speciorsof the Oiuniy House of Industry, one or more Overseers of IliL'hways, Road Surveyor*^, ami sncli and so many other Officers as may lie neces- sary for carryim.' into effect any of the proviiiions of this Act, or of any oilier Act of the I/'isiHiaiure of this Province, or lif the late Province of Upper (,'anada, or of any Uy-liiw or l!y-laws (,f the Mu- nicipal (Council of sucli ("oiiiiiy, and in like man- ner to displace all or any of ihein, and ap|)oint others in their room, and to add to or iliminisli the nuinher of iheni. or aiiyol'theni, as often as the said Cor|ioration shall see lit. Licenses to proceed. .Section 41. — Sub-fee- to which opposition has heen mndo in arcord.mce III lf>, between thC|With the provisions of the Aci pam^ed in the pres«'nt words, " Ro.ad or llridne Session of Parlianieni. iniitnh'd, "An Act lo au- |(^"oinpanies." and ihethorize ihe lorinalion of Joint .Stock Companies for words, " with any Roads:tnc construction of Roads and other U'orks in or Rridues within tlie,Uppcr Canada," iierinisbton to proceed, Jurisdiction," And the Townrccvc. 11 ' 'i'ownrceve. 12 I Townrccvc. 15 For any sucli Town. Section 50. — Between the words, " as the Mn And the Towiireeve and Deputy Towniecve, .... where from the niinilier of freehohl'ers nnd ho;i»e- iiicipality of any 'i'own-| holders on the Collectors' Roll, sncli Vilhipe kin- ship shall have in respect nicipalily shall be entitled to elect such Depuiy of such Township, andiTowiireevc. the words, "of every suchi Village," Section 50. — Retweenl the words, " as the," aiidj Ihe words, " or o'her Officers," Section HO. — Retween the words, '' and llie," and the words, "of each "' Section 75.— After the words, " Justices of the " Peace," Townrceve, Deputy Townrecve. Townroeve and Deputy Townreere. For any 3uch Town ; Provided always, ncver- tliPless, that no such iippointmeni shall be hehl to limit, deicrmiiie or otherwise interfere with the jurisdiction, powers, duties or lialiiliiies of the Justices of the I'eact for the County within which such Town shall le situate in respectol such Tow, i, or ill. over, or wiili respect to offences comndtted within the same. To be taken by the ownersori .Section 91. — Sub-Sec- and to compel in a summary manner the prompt drivers thereof. itimi 4, between the words payment of the lawful fare or hire to the owmr or ."pay or hire" and the idriver of >ucli Horses. Call, Hackney Coaeh. Oinni- |words, " and for prevent-'bus. Cans and other Carriages bv the parties hiring ling," or using the satne. 142 COIM'OUATION'S AMKNDMKNT ACT. Willi 111, ruiiAKM k, Sitxry.wr.n No iiK I'! \'tr.,('Al', (•!, IIKI'K.U.KII iiV'iii.N All'. 1-) l^iiu AlJuriii.'Ui. ^*(vli(Jll'^, Siiti . Hi'otlon- ami I'rovlHoii, ol I. Vii'., Cip. -1 , 1111(1 lln' \inns ilitTiMil, r. «|ii.'C- livrly. 111 uliii-li llir r<'|«'iili''l vvonlH.iiliriii'o ftiid H'liU'iiCL'H iiri; cuii- laiiiuJ. HfCllon hQ. — lU'iwfoi lliL' wuriU "or Hiicli Wiinl," (iml itic unnlM, '•mill two t.'oiiiiclllurn." WoniiS, I*IIRA*K4 AND HkNTKN'K* NlODTI't't lUt) »ult TlliiKi': liY llli-i Act ni.l'i':.\l.i:I). Two Alilernicn. JO rroiii ili(> tiiiiporilic erection Soctioii of any 'I'liwn into 11 ( 'iiy. iliu woril 17 1 lly ilie Cily. H — HolwciMiitlif AMcriiirii ofcnrli Ciiv wlilrli hlinll lif or rrimilli lliiil," iiiiii|iih'()r|i()r(Mr.| iiK Mii'li iiinliT ilic aiiilioriiv ui llii> tlit" wordH.'Viny anilcvrr) JAoi, hliiill hy virlin' ol ilinr rr!<|it'i"iivi' hiIicch Ih' CoMimiesiuiiol'tliL'rLMCl'," .lii>lic'i'H (jC (iic I't'i Ill .'iiiil lor mh'Ii (.'ily ;iiii| lln- ll.llxTlii'N tlirri'iil', anil that troiii lliu liiiic ul' lliu |i;rt'Clioii or any 'I'own inlo a Cily, I Corporation or lucli Section ^^-s.— Aficr tlw iiy ilie ("orimrniioii of siirli City, who iii'iy liy 'woriJH, '• wlio HJiall lie lly-liiw, il liiey hliall ilteiii it ev|ieilii'iil i"o I'l ilo, I jiipiioinioil iinnnaily," ||iriiviile iliat ll'ie uIVii-ih ul lliuli llnilill iiiiil t nlel' I ('lJM^lall|l.' may lie uiiileil in ami iii'li'ect to the ,l'olico t)iriccrii. n ; The City Courts mid. lu ilie I'ulice. o(( .Shall he vested in, nnd he- Ion^ to such I'olice MayiHtratc. Section n.i. • - Hetwepii ti,^ c\tv Toiirts or on trials nt the Har of either the vvrrds. " at any oilier „r Hrr .Majesty's .Superior Courts ol Coiiiiiiou Law iliaii," and the words. ,,[ ■j'jjrjj,,!^,^ u,. ,,1 "the Conns of A«M/.e N'iM I'rius," Section 117.— After the words, " hy the Miinici-I palt.'orporaiioiis tliereol," a- II- wer ill I Hlinll have full power aiid ,auilioritv,n|ioii coiiipl lint tiiade ito llieiii, or any one of them jiipon oath, of any rioloiiH or disorderly cnmhict, in ilie house lof any Inn or 'I'avern Keeper, lin any such Town or City, to enqiiire siiaiiiiarily into the ni.itier of snch coniplainl, andj ;for the .Mayiir or I'olice Mauis-] jtrate id' such 'I'own or Cily to jsiiiiimoii shell Inn or T.ivern iKeeper to apipear, lo answer auch coniplainl, and iliereiipon, it shall he lawful for the .Mayor lor I'olice .Mnui^trate, with any !two .Aldermen or Jiisiici's oltlie 'I'eace, 10 iiivestiiiate Ilie same. Hid I i dismiss the same with •osfs, to lie paid hy the ritm- rlninaiit. or to convict the said nil or Tavern Keeper, of liav- ii;s i\ rioioiia and disorderly house, and to nhrocatn the 11- Icpiise or to suspend the hpiietit of the same, for any period not exceeding ui.xty days. Section II*,— rielweeii the words, "under the " aiiijiority of this Act," .'ind the words, " and dii- riii',' the period of sjuch suspt'iibion." •W Of the said omcc.- inc (iod. -So help Section Wf.—Mer the wordH, "or other undue "e.tecutiou," jsliMll he vested in and lieloHL; to such I'olice AI; iL'isirate. mill whenever there sliall he no I'ulice. Mi l'.;istraie for any sin'li 'I'own or t'liy, such jiowi inniler such Itv-laws asaloresaid, shall he vested i and heloii;; to the .Mayor of snch Town or City. and the Townrveve of any 'I'owiiship or Villnsc incorporated or to he iiicoriMjr.ite.l under the same, with any two .Inslices of the Peace lor the County or I'nioii ol (.'onnlies within which such Township ir \'illai,'e shall he slinate, shall h.ive full power ind authority upon coin|il liiil made lo them or any me ofllieni, upon oath of any rioions or disorderly coiidnct in any Inn, Tavern, Ale or lleer House, situate wiihiii such Town or Ciiy or the Idhertics thereof, or within such Township or Village res-_ pectively, to enipiire siiiiimarily inlo the matter of such complaint, nnd for such Mayor, Police .Ma- yislrate or 'i'ownreeve to stiinimm the keeper of such Inn, Tavern, .Me or lli.-er House, to appear to answer such complaint, and thereupon it shall he lawful for such .Mayor or Police :\lai;istraie with ;iny iwo of snch .Mdernieii or Jiisiices of the Peace, or for such Towiireeve with any two of such Jus- tices of tlie I'e.ace, to investitiate the same, and lo dismiss the same Willi costs lo he paid hy the com- plainant, or to convict the said keeper of such Inn, I'avern, .Me or lieer llonseof havint; a rioton.s or lisorderly house, and to ahrc^ate the license for Ueepimi the same, or to suspend the henefit of the same lor any period not exceedina sixty days, with or without costs, as in their discretion may seem iust. of the said office. So help me God ;" and in default thereof shall forfeit the sum of 'J'en Pounds to the use of Her Majesty, Her Heirs and Successors, tosether with such costs of prosecution as shall he adjudged hy the Court. 1 / Jl • tO'TITl IKII AM: I). I lie or ri'iimili liurii) 1)1 ilii> ivi' ()l!i'."c« III' (.'lly iiiiil ilK' liiiio uC llii; who iiKiy liy I'm HO i.i ilo, 111 mill c iilci' Ijy iliL' i-uiiii.' 'OVJilol Willi Ibri'ii.'iiil, mill le like iliitle* L'lty mi I tli(> wiili rc-ipcct l.ir of I'iilicr JIIIIIIOII I.IIW roiici; :M;i- iliri- .Ma- iicli power VCSlL'cl ill ic (.'lly. :hi r Villnae III' S.IMIL', Coiliity rowii)-li||i III power III or any 11 ^orderly lloiiw, f.ilK.'riles liiL'c rvf- iiiat(i.'r of lice Ma- lu'Cfier 01 ippcar to t sliall lie aic Willi tie Peace, such Jiis- e, a III I to the coiii- iich liiii, otOH.s or ente lor (it of the ys, with IV seem n (lefniilt Is to the cccssorH, dhall be RrilEDULE A. 143 NO. xs U'onrii, l'ilR\Ni':, or upon the lint of a jiid:;!' lliereol' In vacn* tioii, upon Mii'h Itehilur hliew- iiiij upon aHiil.ivil to riicli Court or Jiiil;;e, reasoniiMe (;roiiml!i| lor BUpposiMiz that such eleclioiil was ni.it condiicii'd according to' law, or that the party eleeiedl or returned lliereat was noli luly or li.'j;ally elected or ru-l turned, and upon t'licll lii'latori euieriii;; into a reco;,'ni/ance' before the >>aiil Court or any' Judu'e ihereol', or before aii\ ConiiiiiMMioiier, for lakinu hair ill Nucli Court, liiuiNilf ill the: liuiii of lilty poiiiiiU, and twoi .>iireties to lie i Mowed as huI'-] licieiit upon alndavit, by fiicIi Court or Jiiilv!!'. in llie sums ol twenty-live pounds each, con I ditioned to prosecute uilh eil'ecil the writ to l e i.ssued upon sm-lr order or iiat. a. id lo pay to the' party nuainst whom ilie caiiie' sliali bo broiiu'lii, his eMTUIors! orndiiiiiiistr.aors, all such custi-' as slinll be ailjinlned to fuclii party auainst him tlie sanl He-| iator, thereupon such writ shall he issued accordinyly ; and the. sniil writ >liall be "renirnaMei upon the (Muliili (lay after that' on which it shall bi- served oie such party by the delivery of a copy thereof to him personally,' or in the manner hereinafter' provided lor, before some oiuv of ilifi Judges of the sail Courti atChambi rs, which Judj^e sliall' have power, upon proof by iaflidavit of siicli personal or- jotlicr service, and hi.' is hereby: 'reipiired to proceed in a suiii- mnry manner upon staieiucnt and answer, anil wiilioutformar pleadiiijis, 10 hear and drier- mine ilio validity of such elec- Ition, and to award costs nMinst |tlie Relator or Defendant upon' |8uch writ, ns he shall deem just.' liiHiaiice of any Rc'ator linvliu; an iiiit'reHt n» n iniinicipal voter in or lor any 'I ownshipor yilliiije. or in or fur any ward of mi)' 'rowiisbiji, Town or H-'ily, lor which any election sbiill be held under Ibi auihoriiy of thin Act, or having luch i e>t aa ja candidaie (it such elecilon, a writ of mil oiin in jtlie nature of n i/iio irinriiiito Hlinll He lo try the validity of such eleciion, ami aUo where it iihull be alleged by micli Kebiior that himself or some other person was duly elected and oii«hl to have been returned at such eleciiiiii, llun lo try a«i well the valiililyof the i lectimi complained ai^ainsl art the validily of the alli'tted eleciimi of such Kelalor or oilier person, both \\ liicli ol jecm shall be em- braced in the same writ, which writ shnll issiii- out of either of Her Ma.jeslyN Muperior CoiirtH of Comiiiijii Law at 'loronni, upon an order of such i.'ourt iii'l'erm time or upon the Iiat of ii Jiidyo thereof in Vacation, iipi;;: such Relator i«hewinn upon ailidavii to such Court or Judye, reasoiinblo jurounds for siinposinn that such election waa not Conducted accordinu to law, or that the pnrty lelicied or returned thereat, was nut duly or lr(rally elected or reiurned, and upon such Relator ciiterliiK iulo a recognizance before tin; said Court or any Jndue tlii'reof, or before any Coinmissioner for jlaliiiiK bail in such Court, himself in the sum of diliv pouiiilH, and two sureties to be allowed o» Isulficieiit, upon allldavit, by such Court or .liiilKe, III the sum of twenty-live pounds each, conilitiuneii 10 proseciiie with eU'ectthe writ to be issued upon 'such order or Hal, or to pay to the party aL'ainst 'whom the same shall be bro'iii^lit his K.vcciitors or Ailniinistrators, all such costs as shall be .idjiidaed to such party, ej^ainsi him ib.e said Relator, iliere- iipon such \Vrit shall be is^-ued accoidinvily, and the said writ shall be reiiiriuiMe upon the eiitlith (lay (as on b'riday where service shall have bi-en made on the 'rimrHilay of the prccdini! weel^; after that on which it shall le served on such party by the delivery of a copy thereof to I'.im jiersonnlly or in the manner hereinafier pnivided lor. before some one of the .Indues of either of the said Courts, at Chambers, which Judges shall have power — upon proof by nllidnvit of such personal or other service— and he is hereby rcipiired to jiroceed in ,a summary manner upon siatcment .".id answer, and witlioiit liirmal pleadiiips, to heir nnd deter- mine the validity of the eleciion complained aaninsi, and where the siifUciency or Iciiility of such other election shall have been so an(i;e(l as aforesaid then tin; validity of such last inentioneit election, and in case of such first mentioned elec- tion beini; adjiidceil invalid, and such last men- tioiied eleciion lieiiiaailjudL'ed valid, then by a writ adapted to that purpose, to cause the jierson rc- turiud ii|)oii such invalid eleciion to be removed, and the person lawfully elected and who might to have been reiiirned, to 1 c ndmiiied in his place. ami ill case of neither of such allcced elections beiii!» adjudaed valid, then by a like writ, to cause the person returned upon such invalid election to he removed, and a new election to be held to sup- ply the vacancy thus creatijil, in nil which cases it shall and may he lawful for such .Tiultie, if the fads in evidence before him render it projier so to do, to make the RetiirniiiK Oflicer at sucli election a party to such iiroceedinus by a writ of siiinmons to be served upon liim for that luirposo in the same manner as the writ of siiminons hereinbefore men- tioned. And It shall and mav he lawful for such Judge, and he is hereby required in disposing of 144 CORPORATIONS AMENDMENT ACT. Worm, Piirasfs fc Sentrnces or 12Vic., Cap. SI, hepealku uv THIS Act. Section!!. Sub - Si'Ctioti* nnd I'roviBOB, or l-i Vic, Cni). hi, nm) the pnri» thereor, re»|)ec- livtly. in wliicli the repealed \vorJ8, |ihrni<' % nriil sentences are con- tnincd. Words, PIIRABRS and SKNTR.MrEg tDBBTITt^TeD FOR TilOSU OV TUIS ACT Ubl'tALKD. jevery such case, to award costs for or against the Relator or Verendant upon such writ or for or against the Returning Ofhccr, when he shall be so made a party to such proceedings as aforesaid, as to such Ji'.dge shall neeiu just : Provided nlways, noverthclCDS, firstly. That all elections of Mayors, Wardens, Towiireeves and Deputy Townreevcs shall be deemed elections within the meaning of this section -, And provided aUo, secondly. That whenever the grounds of objection against any such election shall apply equally to all or niiy number of the members of any such Municipal Corporation, it shall and may be lawful for the Relator to proceed by one writ of summons against all such members; and in case of the elections of all the mcmbersof any such Municipal Corporation being adjudged invalid, the writ for the removal of the members so adjudged to have been illegally iclccted and returned, and the admission of those so ladjudged to have been legally elected, shall be 'directed to the SherilT of the ('ouniy or Union of Counties within the limits of which the locality iu or over which such Municipal Corporation shall be establliihed, shall be situate, who for the purpose of causing an election to be held ui-iler the authority of this Act, shall have all the powers and authority hereby conferred upon Municipal Corporations for supplying such vacancies as are occasioned by deatli ; And provided also, thirdly. That all such original writs of summons shall be applied for within six woeks after the election complained acainst, or within one month after the person whosp election is questioned, shall have accepted the office and not afterwards ; And provided also, fourthly, that no costs shall be awarded against any person against whom any such writ of sunmions in the nature of a quo warranto shall be btou«ht, who shall, within one week after having been served with such writ, transmit, iiosipaid, throiish the Post Office, directed to the Clerk of Judues Cham- liprs at Osgoode Hall, Toronto, a disclaimer of the office in the terms, or to the cflbct following, that is to say : " I, A. U., upon whom a writ of summons, in the nature of a quo warranto, has been served for (he purpose of contesting my riiiht to the office of Township Councillor (or as the case may be) for the Township of in the County of (or as the case may be), do hereby disclaim the said office, and decline r.ll defence of any right I may have to the same," unless it shall have Iweii proved to the satisfaction of such Court or Judge, that such person had been a consenting party to being put in nomination as candidate for such election, in which latter cave, such costs shall be in the discretion of such Court or Judge. And provided also, Fifthly, That it &;hall be the duty of every such last mentioned person to deli- jver a duplicate of such disclaimer to the Clerk of ithi NfuMicipal Corporation, the seat in which shall jhe contested, who shall forthwith conuTiunicate the jthe same to the other members of such Munici|inl ICorporation ; and provided also, Sixthly, That in iany such cniie it shall be lawful for the Judge be- fore whom such writ of summons is returnable to lafTord reasonable time and opporiunily for the said {Municipal Corporation, or to any person entitled as a Municipal voter of such Corporation, to inter- vene and defend the said election and return, in every which case such intervening imriy shall l>«» liable and entitled to costs as any other narty to such proceeding. SCHEDULE A. 145 > i < IVVURM, PlIR.WKSJC SkNTRNTEI SIO.J OFl2VlC„CAP.el, RKPISALKB DV TUii Act. Hi Seelioiis. yul)-Sfctioi)i' and frovinoH, ol' i'i Vic, Cap. Si, aiifl Iht' p;iri* tliereoC, re»|iec- lively, 111 which ilie rcpe(iledwordii,pliriiiiei< mid Foiitciicen arc* con lamed. WoRDfl, rilRARKil AKD SENTEMCKH .SL'OKTITITKD lull iuo«K ov 'iiitii Act utPKALku. Her Miijeiity's »aiil Court ofj Seciion 133.— lictwcciii The Judges of Her Mnjetty'ii two Su|)erior Courtn Quecii'ii Uttiicli for Upper Ca- the words, ''it^hull and of Coiiiinoii Law at Toronto, cr the luujoriiy of uiida, hy niiy rule or mica to he may be lawful fu.'," anditheni, by any rule or rules to he hy thi'in tor that liy Mucli Court made lor that|thc words', "and to regu- purpose made from liine 10 ilnib in Term time, as piirpoHe, in 'I'crni time, to ioratioii : and in case of the like vacancy of such r-tiit," lai^t meiilioued oflice, any one of the ineinberH of such .Alunicipal Corporation forilie preceding year. Section 163.— Between liy death, n judicial deciKiou afzaiiiKt Ibe legality the words, "in any of.of any eitciioii, or otherwise iMiwevcr. such itliinicipal Cor|io- rations," and the words, ' shall be tilled." Section 103.— IJetween Of ilie bend of such Municipal Cor|iorntion. or the words, "under ihe in case of his absence or tiiir vacaiic> of such otlic"', hand and si;.'d," :ind the then under the hand and seal of the Clerk ol ^ucll 30 I So appointed, shall hold his Ueai in such Corporatioti, by ! virtue of such nppoininicnt. I I Gl I OfCandidateSjShall not have been elected, or il' there shall I not be in the poll book, the 'names of a sutlicieni nuuibcrof iCandidales to supply iiny deti- I'.PMicy arising I'roin refusal of jotfice, or neglect or refusal to I'le sworn in, then. 32 ! All such diiijes as may br pMiijned to him by any such fLaw or By-Law. words, ways.' ' provided al- Munici|ial Corporation ; and in case of the llkt.> vacancy of rue II last mentioned oflice, then under the hand and seal of any one of the Members of such Municipal Corporatioti. Section 103.— Between So elected shall hold his seat in such Corporaiioa the words. " that the per- by virtue o( such election, i-on," and the words," for the residue" Section H15.— Between tlic words, " a requisite number," and the words, "and in every such case," Of candidates shall not tiitve been elected, ilien, Section 172.— After thej All such duties as may be assigned to tiiiu by words, "faithfully to i)er-|any such Law or 15y-Law; Provided alwsvs, ne- form" vertheless. Firstly, That it shall moreover be Uic Iduty of every Township, Village and Town Treu- |surer, to receive from the Collector or Collectors iof such Township, Village or Town, all iiionejs jcollecied by such Collector or Collectors for or on laccountof the County Rates, and to pay the same over to tlie County Treasurer within such time as may be prescribed by any lly-Law of the Munici- |):d Council of such County to be passed for that purpose : And provided also, rtecoiidlv, Tliat the Municipal Corporation of such Township, Village, or Town, shall be responsible to the Municipal Council of such County, for all such County Rate» as shall or may be so paid to such Township, Vd- laue or Town Treasurer, who shall, together wittt Ills sureties, be resixinsiblc to such Muuicipal Cor- [loratiou for the suine as for uioueys tcceived ))y 146 CORPORATIONS AMENDMENT ACT. Words, PimASK8& Skntenoes or I'i ViO., Ca1>. »I, RKPKAI.ED 1)Y TUIS Aci'. I Sectioiii', Sub-Seciiong iitiil Provisos, of Vi Vic, Cip. H, anti tlie parts thereof, respec- tively, in wliich the repeiiled wonls, plirnses niid Nuiitetices are con til i lied. 33 VVORDO, PiIRA9Il3 AND SENTKNCES 81 BSTITUTED roll TiKmE uv TUia Act uei>£ai.ed. liitii on iiccoiiiit of the Township, Village or 'i'ovvii Ratea re«pcciively : Ami proviiieil also, Thirdly, 'I'liat every such Towntiliip, Villn((e or Town Treasurer shall keep an account in Ills books wiili the (Jouiity 'I'reusiirer, and thai I give receipts for all moneys received liy him on account of the County, iinil receive from the 'J'rea.surer of such County receipts fur all such moneys as he shall pay over lo him on ncconni of such County Rateu -, And provided also. Fourthly, That nothing herein contained shall in any way exonerate any such ('ollcctor from his liaLjility or limit his liability to the Municipal Council uf such County for any of the County Ratefi, whenever tliey shall choose to proceed af(ai>i>t liiin iasteud of against the Cor- poration of such City, Villapc or Town (as the case may be) for the recovery thereoi ; And provided aldo, P'ifthly, That for allCounty llaiea so received anil paid over to the County Treasurer, the Town- ship, Village or Town Treasurer shall be entitled to receive and lake to his own use a per ceiitaue of two and a half per cent, upon all such ('ounty Kates so received and paid over m aforesaid, and no more. Xoron tilt; liiuiiuorany Vil- ^'ection 1?7.— After the lage, Town or City lhcrci«. words, " of iiiinal allow- ance for roads in any TovMiship or County." I No' r.'i the limits of any Village or Town, or City tlierciii, or on the borders thereof: Provided ■ IwayB, neverilioless. Firstly, That it shall and may be lawful for the Municipality of any Town- ship, within which any Police Village or any other Village or Hamlet consisting of not less than twenty dwelling houses, standiiiL' within an area of not more thun two hundred acres, shall be situ- ate, upon the [letition of the Trustees of such Vil- la::e in the case of a Police Village, and in other cases upon the petition of lificeii of the iniiabiiant llou^eholder8 of such Village or Hamlet, accom- (lanied by a ccrtiticate from the Register of the County within which such Towiisliip shall lie, iliat a plan of such Villace or Hamlet had beeu duly deposiied in his oHicc according to the then eiisting requirements of the Registry Laws in force in Upiier Canada in that behalf, by any By- law to be passed by such Municipality for that pur- pose, to stop up, sell and convey or otherwise deal with any original allowance for Koad that may lie within the limits of such Village or Hamlet, as the same shall be laid down on such plan, in the same manner as the Municipality of any Iiicorpornied Village is eniitowered to stop up, sell, convey, or otherwise deaKrith any such original allowance for road within the limits of such Incorporated Village, hut subject always nevertheless, to all and singular the directions, limitations and restrictions, and other the provisions in the one hundred and eighty- eighth section of this Act, contained re8p*>ctiii|> the same : Provided also. Secondly, That a Village or Hamlet situate partly within one Townshifi and partly within another, whether such 'J'ownship -'•"" he within the same or diiTerent Counties, Ishall hall be n Village or Hamlet wiiliin the meaninf; of thij section, and that In every such case the Municipality of each of such Townships shall have the powers hereby contierred as far ns res- pects any original allowance for Rnad, lyiiiE within ihai part of such Village or Hamlet, \vhieh ac- cording to such plan sode|K>sited in the Registry Otiice or Registry Offices of such County or (^ouit* ties sh!)ll lie situate within the respective limits of iuch Tgwiishipi, ► I! t 1 BSTITUTED ige or 'J'owii Uo, 'I'liirdly, jc or Tuwu 8 Liookij Willi rucL'ipts for omit of the urt'r of Eucli I Hi lie 8lmll )niity Kates •, iihing herein itc any such s liability to y for any of all choose to list the Cor- I (as the case inil |irovicle ■> Provided always, nevertheless. Firstly, That the value of the property by the provisions of this isec- lion, required as the quallfxatlon of a Township Councillor, shall be one hundred, instead of three hundred pounds, iis heretofore required forlJisirict ('oiincillors ; and provided nlso, Hecondly, j nut in ih(! case of all Township Councillors, itsliall be .i snlficient quulilication, if in lien of such one bun* ilred pounds of real property, ibey slinll be seized or possessed of real and personal property, which shall, together, amount to two hundred pounds; and provided also. Thirdly, 'I'hat in the case of all such Towns and Villages as are lastly above inen- iioned, every person to be elected a ("ouncillor for any such Town or Village, shall be seized and possessed to his own use in fee, cf lands aiui tene' nieiits within the County or Union of Counties in which such Town or Villase shall be situate, of within some one or other of the Counties or Unioiin of Counties, next adjoining such first ineittioned County or Union of Couiiiies, of the real value of one hundred pounds currency, over and above all charjjes and incumbrances due and payable upon or out of the same ; and provided also. Fourthly, That in the Cities and Towns in which, nt the passing of this Act, a provision exists for the re* gistering of votes, the same shall continue and be III force until repealed, altered or amended by a lly-law of the Corporation of such Ciiy or Town } Provided nlso, Fytlily, That whether any such new Act for regulating Assessments in Upper Canada, shall or shall not be passed prior to this Act coming into force, the persons hereinbefore in this section described as entitled to elect and be elected under this .Act, until such new Assessment l,aw shall have been' passed 'as aforesaid, shall be those entitled to elect and be elected respectively ) Aiifl iirovided also. Sixthly, that any Town, the Aot of incorporation of which had been disallowed or had expired before the flrst of January, in the year of our Lord one thousand eiL'ht hiindred and hf;y. sh.Tll be taken and held to be an iiicoriiorated Town within this section. SCHEDULE B. TOWNS. 1. — BtUevHle^ To consist of all that part of this Province situate within the County of Hastings, and Ij Ing within the following limit.s, that is to say: Commencing at the limits between Lots numbers si.x and seven in the first oonceesion of the Township of Tliurlow, at low water mark of Schedule Bf 148 CORPORATIONS AMENDMENT ACT. Schedule ». ili(3 Day of Quiiite; thence, northerly, along the siilo line between Ior» numbers six »nil seven, to the second concession roail ; thence, westerly, along the said seoontl concession line to the westerly boundaiy of LoS number one in the first concession of Thurlow; thence, southerly, on the town iinu beween the Townships of ThurlowancI Sidney, to the Bay of Quiiite ; thence, easterly, alon at the where a number, thence, aid con- respeo- id Towu id Town sixteen , SCHEDULE B. The ** West Ward " to comprise all that portion of the said Town which lies west of the centre of the street between Lots numbers sixteen and seventeen and north of King streett 12.— Picfon, To consist of all that part of this Province situate within the County of Prince Edward, and lying within the following limits, that is to say : Commencing on the south side line of lot letter A, at a distance of fifty chains from the front of the lot ; thence, across the said lot, and across lot number one, north sixty-four degrees forty-five minutes east, to a post planted on the limit between lots numbers one and two in the first Concession, north of the Carrying-Place ; thence, at a right angle across lot'; numbers twoj three and four in the said Concession ; thence, along the north-east side of Lot number four, to the Bay ; thence, directly across the Bay to the line between lots numbers seventeen and eighteen in the first concession east of the Carrying-Place ; thence, ulon^ the water's edge, to the limit between lots numbers nineteen and twenty in the said Concession ; thence, along the limit between the said lots in a south-easterly direction, twelve chains ; thence, at right angles across the easterly half of lot number twenty; thence, in a south- easterly direction along the centre of the said lot number twenty, nine chains, more or less, to tlie east side of John-street ; thence, along the east side of John street, thirty chains ; thence, north eighty degrees twenty minutes west, fourteen chains, forty links, more or less, to the east side of Church-street ; thence, south, twelve degrees forty-five minutes east, one chain, sixty-five links ; thence, south, forty-nine degrees fifteen minutes west, fifteen chains, fifty links ; thence, south, thirty-two degrees west, to the north-eastern limit of lot number one in the Concession south-east of the Carrying-Place ; thence, north, eighty degrees twenty minutes west along the north-east side line of the said lot number one to the front of the lot; thence, north, eighty-seven degrees forty-five minutes west, sixty chains, more or less, to a post on the limit between lots numbers twenty-one and twenty-two in the third Concession, military tract ; thence along the westerly side line of the said lot number twenty-two, twenty-four chains, seventy-four links, 149 mor(3 or less, to lot letter A place of beginning, boundaries. including aforesaid ; thence in a direct line, to the the Harbour in the above-mentioned 13. — Port Hope, To consist of all that part of this Province situate within the County of Durham, and lying within the following limits, that is to say : Composed of Lots numbers four, five, six, seven and eight, and the east half of Lot number nine, in the Fi"st CnnReseion of the Township of Hope, and the broken fronts of the said Lots and half Lot, together with all those parts of Lots numbers four and five, in the second Concession of the said Township of Hope, with the road allowance between the said first and second Concessions, and butted and bounded as follows, that is to say : Commencing in rear of the first Concession, at the north-east angle of Lot number four, in the first Concession; thence, in a northerly direction, across the said allowance for road, to the south-east corner of Lot number four, in the second Concession ; thence, northerly, along the easterly side of the said Lot number four, in the second Concession fifteen chains; thence, westerly, in a course parallel with the front of the said second Concession, twenty-five chains ; thence, southerly, in a course parallel with the said east line of Lot number four, in the second Concession aforesaid sixteen chains, more oi less, to the rear line of the first Concession ; thence, easterly, along the rear of the first 150 CORPORATIONS AMENDMENT ACT. Concession, to the place of "beginning; and also, the water in frcml thereof to the distance of one quarter of a mile into Lake Ontario. The said Town to be divided into three Wards, to be called respec- tively : First Ward, Second Ward and Third Ward, and which Wards aie to comprise the following portions of the said Town respectively, that is to say : The said First Ward to comprise all that part of the said Town which lies east of the River. The said Second Ward to comprise all that part of the said Town which lies west of the River and south of Walton Street, continued westerly by Ridout street and the front of the Lake Shore Road to the western limit of the said Town. And the said Third Ward to comprise all that part of the said Town which l-es west of the River and north of Walton Street, continued westerly by Ridout Street and the said front or Lake Shore Road, to the western limit of the said Town. 14. — Prescoit, To consist of all that part of this Province situate within the Cour.ty of (irenville, and lying within the following limits, that is to say : Commencing at the south-eastern angle of the Township of Augusta j tln?nce, north, twenty-four de<>rees west, to the rear of the first Conces- sion of the said Township ; thence, south-westerly, alon:r the Concession line to the limit belvoen the east and west half of Lot nmnber live, in the first Concession of Augusta aforesaid : theni'e, ; rtv/een the sixth and seventh Co .. sionSj .ence, north-easterly, ^a the said line until it crosses the Welland Canal ; thence, up the said Canal until it intersects the eastern boundary of the said Town ; thence, south, on the said boundary until it intersects the south-easterly angle of the said Town ; thence, north-easterly, to the place of beginning. The said Saint George's Ward to comprise all that part of the said Town •which lies within the following limits : Commencing at the corner of Saint Paul and Ontario Streets ; thence, down the boundary of Ontario Street to the north-westerly boundary line of the said Town ; thence, north-easterly, on the said boundary, to the north-east angle of the said Town > thence, south, until it intersects Saint Paul Street ; thence, up the sjiid Street, to the place of beginning. And the said Saint Paul's Ward to comprise all tliat part of the said Town which lies within the following limits: Commencing at the intersection of Saint Paul Street with the eastern boundary of the said Town ; thence, south, until it intersects the boundary of Saint Thomas Ward on the Welland Canal ; thence, down the said Canal until it intersects the line between the sixth and seventh Concessions ; thence, north, up the said Concession line until it intersects Saint Paul Street ; thence, westerly, up the said Street, to the place of beginning. SCHEDULE D. in the [eslerly, lore or Jvestern isterly, tnce for si sty- le limit Towns with Municipalities only, or without any Municipal organization. FIRST DIVISION. 1. Amherstburgh, 2. Chatham, 3. Guelph, 4. Perth, 5. Simcoe, 6. Woodstock. SECOND DIVISION. 1. Barrie, 2. L'Original, 3. Queenston, 4. Sandwich, CLAUSES OF TH£ CORPORATIONS ACT AMENDED BY THE FOREGOING SCHEDULES, RENDERED IN F(TLL AS AMENDED. [The parts of the following Clautes within Brackets ate the Amendments made to the Clauses of the original Act, 12 Vic, Cap, 81, in accordance with which the following Sections are numbered.^ Any Township diviHioii iiiioKu- ral Wards luay Ito altered. I'riJviiJO Q» to By-Law fJf al- tering It. Wlicn a Town- ship uiiiied 10 another shall he Incorporated by itself. A|ii>oiiiment of As»cs90rs and Collectors. •i'crm of Office. Aa 10 vacancies, Joint Stock Road CoinpaniCB, A^c. Sec.VIII. And be enacted, That it shall and maybe lawful for the Muni- cipality of each Township from time to time by any By-law or U}^-laws to be passed for that purpose, [to divide such Townships into several Ward?, or where the same shall have been previously so divided by Act, either of the District or County Municipal Council, or of the Municipality of the Township, then to divide the same anew into several wards as alore- said, arranging or] re-arrangiiig the same, so as more effectually to accomplish the objects aforesaid, every which division by such Municipality shall supersede that so to be made by such District or County Municipal Council, as well as every previous division made by such Municipality itself; Provided always, nevertheless, that no such first mentioned By-law shall be of any force or effect unless the same shall have been passed by a vote of at least four fifths of the members of such Municipality for the time being. Sec XVI. And beeuacted, That whenever any Township so attached or united to another shall have within it [one hundred] resident free- holders and householders on iheCollector's Roll, such Township shall, [for the year next but one following] the making up such roll and thence- forth be incorporated by itself, and such Township, and that to which it shall have been so united shall thenceforth, to all intents and purposes whatsoever, be held and considered as separate Townships. Sec. XXVIII. And be it enacted, That the Municipality for each Town- ship shall, so soon as conveniently may be after their own election or appointment, nominate and appoint [such and so many Assessors and Collectors for the said Township as shall or may be permitted or pre- scribed (as the case may be) by the Laws for the assessment of property, and the levying and collecting of rates for local purposes, in force in Upper Canada for the time being,] and that the said Assessors and Collector shall hold ofRce from the time of their appointment respec- tively, until the third Monday in January of the year next after their appointment as aforesaid, and until the Municipality of such Township shall appoint new As.sessors or a new Collector in their place, or in the place of any one of them, and in case of a vacancy in the office of any Assessor or Collector by death or removal of residence from the Town- ship, the Township Muiiicipality shall fill up the vacancy by a new appointment, at its then next meeting, or as soon thereafter as conveni- ently may be. Sec XXXI. Seventeenthly. For regulating the manner of granting to associated Joint Stock Road or Bridge Companies, [to which'opposition f I< r tj madt to which the heMupi- y-laws to alWarJs, LCt, either ipality of 3 as alore- ctually to by such District or made by t no such the same members attached lent free- shali,[for thence- that to itents and unships. ich Town- lection or ssors and ed or pre- ' property, force in ssors and nt respec- fter their Township or in the ice of any he Town- by a new s conveni- granting to opposition Ai'. . i CLAUSES OF 12 VIC.j CAP. 81, AS AMENDED. 153 has been made in accordance with the provisions of the Act passed in the present Session of Parliament, intituled, ^ An Act to authorize the formation of Joint Stock Companies, for the construction of Roads and other works in Upper Canada," permission to proceed] with any Roads or Bridges within the jurisdiction of such Municipality, and the manner of afterwards ascertaining and declaring according to law the comple- tion of the works undertaken by such Companies respectively, so as to I entitle such Incorporated Companies to levy lolls upon such works, and of all examinations, eminiries and investigations necessary for the pro- per, efficient and judicious exercise of such power. Sec XXXI. Twenty-ninthly. For the imposing and collecting by Fine* ami distress and sale of the goods and chattels of the offender or offenders rea- *"" "**■ sonable penalties and lines not exceeding in any case five pounds, cur- rency, and reasonable punishment [byimprisonment either in any Lock- up House in any Town or Village situate within the Township or in the County Gaol or House of Correction for any period] not exceeding twenty days, for the breach of all or any of the By-laws or regulations of such Municipality. Sec. XXXIII. And be it enacted, That the Townreeves and Deputy Townrceves or Townreeves of the several Townships, Villages and Towns within each Jepu'J-eJf &?"'to County shall constitute [the Municipal Council for such County: Pro- form the MuniVi. vided always, nevertheless, firstly. That no Townreeve shall be entitled pal t'ouiicii of to take his seal in such Municipal Council, until he shall have filed ""^ °"" ''" with the Clerk of such Municipal Council, a certificate under the hand and seal of the Town Clerk of the Township, Village or Town for which he shall be entitled to sh in such Municipal Council, of his having been duly elected, and taken the oath of qualification and office as such Town- reeve ; And provided also, secondly. That no Deputy Townreeve shall be entitled to take his seat in such Municipal Council until lie shall have filed a similar certificate with the Clerk of such Municipal Council, and also a copy of the Collectors' Roll or Rolls for such Township, Village or Town, for the previous year, verified by the affidavit or affirmation of the Collector, appended to or endorsed upon such copy, and sworn or affirmed before some Justice of the Peace for the County, to the effect that the same is a true copy of such Roll or Rolls, and that it contains the names of all the freeholders and householders in such Township, Village or Town, as they appear upon such Roll or Rolls.] Sec XLI. Sixthly. For the appointment [under the Corporate Seal Appointment of of such County Council, one or more County Engineers, one or more In- •^^""'y Oflicers. specters of the County House of Industry, one or more Overseers of High- ways, Road Surveyors, and such and so many other Officers as may be necessary for carrying into effect any of the provisions of this Act, or of any other Act of the Legislature of this Province, or of the late Province of Upper Canada, or of any By-law or By-laws of the Municipal Coun- cil of such County, and in like manner to displace all or any of them, and appoint others in their room, and to add to or diminish the number of them, or any of them, as often as the said Corporation shall see fit.] Sec. XLI. Eighteenthly. For regulating the manner of granting to Granting liceniep associated Joint Stock Road or Bridge Companies, [to which opposiliou " -"- • - has been made in accordance with the provisions of the Act passed in the present Session of Parliament, intituled, " An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other works in Upper C^'nada," permission to proceed] with any roads or bridges within the jurisdiction of such Municipal Council, and the manner of afterwards ascertaining and declaring according to law the completion of the works undertaken by such Companies respectively, so as to entitle such Incorporated Companie.? to levy tolls upon such tuRondor Bridt^r Companies. ' ••V.-' 154 Duticiaiiillinliil- itiei ur Munlcl- palitiof of Ineor- poraicil VillagH h) liCHirnilarto iliOM of Town- «lii|) Municipali- Power of fiover- iiornalo npnoini- mc.'iit of J. r. not nilt'cau). Kivcry stable liceiucd, &.C. I'liblic convey ■ IDCW. ElecMoriof two Alderiiicn and two Councillors for each Ward : I'opies of Collec- tor's rolls, to be furnished, &c, as in 'J'owns. Proviso : Mayor 10 be elected from ,iinong Aliier- ineii. Proviso : Tualifi- CMtioii of Alder- men . CORPORATIONS AMENDMENT ACT. works, and of all examinations, enquiries and investigations necessary for tho proper, efKcient alui juuicious exercise of such power. Stc. LIX. And be it enacted, That the Municipality of every such Village shall be formed in like manner as the Municipality of any Town- s^^ipjand shall havu all such powers, duties and liabilities within and in .dspectof such Village as the Municipality of any Township shall have in respect of soeh Township, [and the Townroevo and De )uty Town- reeve, whore from the number of freeholders and househo tiers on tho Collectors' Roll, such Village Municipalhy shall be entitled to elect such Deputy Townieeve] of every such Village, and the other Officers thereof, shall have like powers, duties and liabilities within and in res- pect thereof as the [Townreeve, Deputy TownreevoJ or other Officers of any Township shall have within and in respect of such Township, and the [Townreeve and Deputy Townreeve} of each of such Villages shall be a Member of the Municipal Council of the County in which the same is situated. Sec LXXV. And bo enacted. That nothing in this Act contained shall be construed to limit the power of llu; Governor of this Province to appoint under the Great Seal thereof, any number of Justices of the Peace [for any such Town : Provided always, nevertheless, that no such appointment shall be held to limit, determine or otherwise inter- fere with the jurisdiction, powers, duties or liabilities of the Justices of the Peace for the County within which such Town shall be situate in lespect of such Town, or in, over, or with respect to offences committed within the same.] Sec. LXXXI. Fourthly. For regulating and licensing the owners of Livery Stables, Horses, Cabs, Hackney-coaches, Omnibusses, Carts and other Carriages used for hire in such Town, and for establishing the rates of pay or hire, [and to compel in a summary manner the prompt payment of the lawful fare or hire to the owner or driver of such Horses, Cab, Hackney Coach, Omnibus, Carts and other Carriages by the parties hiring or using the same,] and for preventing runners, stage-drivers and others in the streets or public places from soliciting and teasing pass- gers and others to travel in any boat, vessel, stage or vehicle. Sec. LXXXni. And be it enacted, That for every Ward within the limits of any such City, there shall be chosen by the male resident free- holders and householders of such Ward, [two Aldermen] and two Coun- cillors for such Ward, for which purpose copies of the Collector's Rolls shall be furnished, verified and procured by the like persons and within the like limes as is hereinbefore provided with respect to Towns ; and the Common Council of each such City shall be formed of such Alder- men and Councillors in the same manner as the Town Council of any such Town shall have in and with regard to the same, and all the rules, regulations, provisions and enactments contained in this Act, as applied to Incorporated Towns, by way of reference to those provided for Incor- porated Villages or otherwise, shall apply to each of the said Cities: Provided always, firstly, that the Mayor of every such City shall be elected from among the Aldermen thereof; and provided ahvays, secondly, that no person shall be qualif.ed to be elected an Alderman for any such Ward who shall not at the time of the Election be seized, to his own use, of Real Estate held by him in fee simple, or in freehold, within the City for which he is elected or the liberties thereof, of the assessed value of five hundred pounds, or unless he shall be a Tenant from year to year, or for a term of years, of Real Property within such City or the liberties thereof, at a bona fide rental of sixty pounds per annum or upwards, or shall be in the receipt of sixty pounds or upwards, of yearly rent or profit accruing from or out of Real Property whhin such City or the liberties thereof; and provided always, thirdly, that no person shall «K# «) necesaary very such iny Town- hin and in shall have ity Town- urs on tho 5cl to elect or Officers ind in res- sr Officers Fownship, ti Villacos in which contained 'rovince to ces of the IS, that no irise inter- Justices of situate in committed owners of , Carts and ishing the he prompt ch Horses, the parties hivers and iing pass- > tvithin the ident free- two Coun- ter's Rolls nd within wns; and ch Alder- il of any the rules, as applied or Incor- id Cities: shall be always, erman for eized, to freehold, f, of the nant from )h City or mnum or of yearly City or son shall «) CLAUSES OF I'i VIC. CAP. 81, AS AMENDED. be quclitied to be elected a Councillor for any such Ward, who shall not, at the time of his Election, be in like manner soizud to his own use of like Keul Estate, to the value ol three hundred pounds, ur unless he shall be a Tenant from year to year or for a term of years, of Real Property within such City or the liberties thereof, at a bona fide rental of thirty pounils per annum or upwards, or shall bu in the receipt of thirty pounds 01 upwards of yearly rout or prolit accruing from or out of Real Property within fuchCity or'the liberties thereof; and ^irovided always, fourthly and lastly, that the Aldermen and Councillors aforesaid, shull be chosen by the mule inhabitants being either. freeholders or householders who shall be eiUered on such Roll and who shall continue to reside within such Ward at the lime of the Election, and who shall appear upon the said Roll to have been assewed either as Proprietors or Tenants for a house or for land, or for both, to the value of fifty pounds, and by none other. Sec. LXXXVII. And be it enacted. That [the Aldermen of each City which shall be or remain incorporated as such under the authority of this Act, shall by virtue of their respective offices be Justices of tho Peace in and for such City and tho liberties thereof, and that from the time of the erection of any Town into a Ciiy,l any and every Commis- sion of the Peace, that may have been issued for such Town shall cease and determine. Sec. LXXXVIII. And be it enacted. That there sliall be in and for each of the Cities which shall be or remain incorporated as such under the authority of this Act, besides a Chief Constable, as p-ovided with respect to incorporated Towns as aforesaid, one High Baililf, who shall be appointed annually [by the Corporation of such City, who may by By-law, if they shall deem it expedient so to do, proviile that the offices of High Bailiff and Chief Constable may be united in and held by thu same person.] Sec XCHI. And be it enacted, That besides a Police [OlRce and Police Magistrate as provided with respect to incorporated Towns as aforesaid, and which Police Magistrate shall have the like duties ami powers in all respects in such City and the liberties thereof as is herein provided with respect to the Police] and Magistrates for incoiporated Towns as aforesaid, there shall moreover be a Cowrt of Record in each of the Cities, which shall be or remain incorporated as such und(;r the authority of this Act, which Court shall be called the Recorder's Court of such City, and wherein the Recorder for the time being shall preside, assi"'".! by one or move of the Aldermen of such City, or in the absence of such Recorder from sickness or other causes, or when there shall be no Recorder, the Mayor or one of the Alderrnen of such City, to be elected by the Aldermen from among themselves, shall preside ; and that such Court shall in all cases possess the like powers and have the like juris- diction as to crimes, offences and misdemeanors committed in such City and the libeirties thereof as the Courts of Quarter Sessions of the Peace now have or hereafter may have by Law in Upper Canada, as to crimes, oflfences and misdemeanors committed within their local jurisdiction, as well as in all those matters of civil concern not belonging to the ordinary jurisdiction of a Court of Justice, as have been or may hereafter be by Law vested in such Courts of Quarter Sessions of the Peace. Sec. XCV. And be enacted. That the inhu-bitants of every such City erected or to be erected u.ider the authority of this Act, and of the liber- ties thereof, at all times after the passing of this Act, or after the first day of January next after the end of the three calendar months from the teste of the Proclamation erecting such City, as the case may be, shall be exempt€rom serving on Juries at any other than [the City Courts or 155 Proviso : fjualifi- cAtiuri of Coun- cillorn. Qiinlifleation of ulectori. CoinmiHsions of the I'eiiee to cease on erection of a City. Chief Conslnble nnd IliKh ll.iiliU tu \.< :ippoiiiICil. A Rccorder'b • "curt to be estab- lished for each (-'iiy. Who shiU [iie- iticlc in u. .Turisdictioii of ^owerf of i(raiit- ing tavern li- ceniei vi'itcd In liiiii. 'rnvcrn-lceept'ri ItcopinjcliMordcr* ly lioiiHen, to lie trit'il liefore the Mayor or I'olire Mngiatrnte and two Aldermen or JiiHticct of tlu< rcnce; or Town- reeve nnd two Justice*. PuniHhinentoii conviction. Officnra elected or appointed un- der thin Act to inke onti) of Office. The oath. CORPORATIONS AMENDMENT ACT. on trials at the Bar of either of Her Majesty b Superior Courts of Common Law at Toronto, or al] the Courts of Assize aiA Niii Priiu^ Oyer and Terminer and (fonernl Gaol Delivery for tlie County within the limits or on the borders of which such City shall be situate. Sec. CXVII. And bo it onaclt)d, That whenever there shall bo a Police MiiG^iiitrato for any Town or City erectoil or to bo eroded umler the authority of this Act, the power of granlin;( licenses to inn-kuuperii, and tho koepinij of ale and boor houses within such Town or City, or tho libHrtios thoroof, uno wlutru it shall bo alleged by such Uolator that liiinNell or sume other person was duly elected and ought to have been returned tit such election, llion to try us well the validity of iho election coinplainLi! ngainst as the Vididity of tliealloijeRl election of such Relator or olhftr pei"*ori, both which objectH shall bo orubraeedin the isatne writ, which Wiitsliall issue out of either of Her Majesty's Superior Courts of Common Law al Toronto, upon an oriler of such Court in Term time, or upon the liat ol a Judge thereof in Vacation, ujion such Relator shewing, upon allidavit to such Court or Judge, reasonable grounds for supposing that such election was not conducted according to law, or that the party elected or returned thereat, was not duly or legally elected or returned, and upon xnch Re- lator entering into u recognizance before the said Court or oi\ Judge thereof, or before any Commissioner for taking bail in such Conrt, hira- solf in the sum of fifty pounds, and two sureties, to be allowed as sufTi- ciont, upon allidavit, by such Court or Judge, in the sumof twentv-livo pounds each, conditioned to prosecute with effect the writ to bo issued upon such order or liat, or to pay to the party against whom the same shall be bionght his Kxeoutors or Administrators, all such costs as shall be adjudged io such party, against him the said Relator, thereupon such Writ shall bo issued accordingly, and the said writ shall bo returnable upon the eighth day (as on Friday where service shall have been made on tho Thursday of the preceding week) after that on which it shall be served on such party by the delivery of a copy thereof to him person- ally or in tho manner hereinafter provided for, before some one of the Judges of either of llie saiil C(»nit.s at Chambers, which Judges shall have power — upon proof by aflidavit of such personal or other service — and ho is hereby re([nired \s> proceed in a summary manner upon statement and answer, and without formal pleadings, to hear and ueter- miiio tho validity of tho election complained against, and where the sufRciency or legality of such other election shall have been so al- leged as afoiesaiil then the validity of such last mentioned election, and incase of such first mentioned election being adjudged invalid, and such last mentioned election being adjudged valid, then by ,i writ adapted to that purpose to cause the person returned upon such invalid election to bo removed, and tho person lawfully elected, anu \\]:.: ought to have been returned, to be admitted in his place, and ^ case of neither of sucii alleged elections being adjudged valid, then by a like writ to cause tho person returned upon such invalid election to be re- moved, and a new election to be held to supply the vi-rancy thus cre- ated, in all which cases it shall and may be lawful far such Judge, if the facts in evidence before him render it propei so to do, to make the Returning Officer at such election a party to such proceedings by a writ of summons to be served upon him for that purpose in the same manner as the writ of summons hereinbofore mentioned. And it shall and may be lawful for such Judge, and he is hereby required in tiisposing Costs, ofevery such case, to award costs for or against the Relator or Defendant, upon such writ, or for or against the Returning Officer, when he shall be so made a party to such proceedings as aforesaid, as to such Judge shall seem just : Provided always, nevertheless, firstly, That all elections of Mayors, Wardens, Townreeves and Deputy Townreeves shall be deem- ed elections within the meaning of this section ; And provided also, secondly, Th|it whenever the grounds of objection against any such 167 VVrltofium- iiiont III iiature of i/uo trarranlt 10 iMue for th« irlal of coniro- vvried civeiiont. letiit.) of Writ mill |iroci'cdiiiK'« tliercon. r 158 il ■'•/' .■ Superior Courts to settle forms of Writs of Sum- ruon», practice, rosta, &.C. CORPORATIONS AMENDMENT ACT. election shall apply equally to all or any number of the members of any such Municipal Corporation, it shall and may be lawful ibr the Relator to proceed by one writ of summons against all such members ; and in case of the elections of all the members of any such Municipal Corporation being adjudged invalid, the writ for the removal of the members so adjudged to have been illegally elected and returned, and the admission of those so adjudged to have been legally elected, shall be directed to the Sheriff of the County or Union of Counties whhin the limits of which the locality in or over which such Municipal Corpora- tion shall be established, shall be situate, who for the purpose of causing an election to be held under the authority of this Act, shall have all the powers and authority hereby conferred upon Municipal Corpor- ations for supplying such vacancies as are occasioned by death ; And provided also, thirdly, That all such original writs of summons shall be applied for within six weeks after the election complained against, or within one month after the person whose election is questioned, shall have accepted the office, and not afterwards ; And provided also, fourthly, That no costs shall be awarded against any person against whom any such writ of summons in the nature of a^wo warranto shall be brought, who shall, within one week after having been served with such writ, transmit, postpaid, through the Post Office, directed to the Clerk of Judges Chambers, at Osgoode Hall, Toronto, a disclaimer of the office in the terms, or to the effect following, that is to say : "I, A. B., upon whom a writ of summons, in the nature of a quo warranto, has been served for the purpose of contesting my right to the office of Township Councillor (or as the case may be) for the Township of in the County of (or as the case may be) do hereby disclaim the said office, and decline all defence of any right I may have to the same," unless it shall have been proved to the satisfaction of such Court or Judge, that such person had been a consenting party to being put in nomination as candidate for such election, in which latter case, such costs shall be in the discretion of such Court or Judge. And provided also, Fifthly, That it shall be the duty of every such last mentioned person to deliver a duplicate of such disclaimer to the Clerk of the Municipal Corporation, the seat in which shall be contest- ed, who shall forthwith communicate the same to the other members of such Municipal Corporation ; and provided also, Sixthly, That in any such case it shall be lawful for the Judge, before whom such writ of summons is returnable, to afford reasonable time and opportunity for the said Municipal Corporation, or to any person entitled as a Municipal voter of such Corporation, to intervene and defend the said election and return, in every which case such intervening party shall be liable and entitled to costs as any other party to such proceeding.] Sjcc. CLIII. And be it enacted. That it shall and may be lawful for [the Judges of Her Majesty's two Superior Courts of Common Law at Toronto, or the majority of them, by any rule or rules to be by them for that purpose made from time to time in Term time, as occasion may require, to settle the forms of all such Writs, whether of Summons, Certiorari, Mandamus, Execution, or of or for whatever other kind or purpose, as aforesaid,] and to regulate the practice respecting the suing out service and execution of such Writs, and the punishment of those guilty of contempt in disobeying the same, and also generally for the regulation of the practice, as well at Chambers as in Banc, in hearing and determining the validity of such elections as aforesaid, and the allowance of costs thereupon, and also from time to time by any new rule or rules to be made as aforesaid, to rescind, alter or amend such rule or rules, or make others in lieu thereof) in like manner as they are I "r lembers of ul for the members ; Municipal i^al of the ined, and ;ted, shall within the . Corpora- of causing I have all il Corpor- jath ; And IS shall be igainst, or )ned, shall 0, fourthly, vhom any )e brought, such writ, 3 Clerk of the office 3 of a quo right to the ! Township as the case defence of pen proved ad been a for such scretion of very such ner to the )e contest- embers of at in any such writ rtunity for Vlunicipal jction and liable and lawful for In Law at them for ision may Bummons, |r kind or Ithe suing of those |y for the hearing and the I any new Mid such they are ir CLAUSES OF 12 VIC, CAP. 81, AS AMENDED. now by Law empowered to do for the regulation of the practice [of the Courts in matters within their ordinary jurisdiction.] Sec. CLV. And be it enacted, That it shall be lawful and competent to and for any resident of any Township, Village, Town, City or County in Upper Canada aforesaid, in which any By-laws shall be passed, or for any other person having an interest in the provisions of such By-law, to apply by himself, or by his Attorney, for a certified copy of such By- law, and the Township, Town, Village, County or City Clerk shall, upon such application and upon payment to him of his fee therefor, within a reasonable time, furnish a copy of such By-law certified under his Hand aud the Seal of the Municipal Corporation of which he is the Officer, [ar ' either of Her Majesty's Superior Courts of Common Law at Toronto] mu/ be moved, upon production of such copy, and upon affidavit that the same is the copy received from such Township, Town, Village, County or City Clerk, to quash such By-law ; and if it shall appear to the said Court, that such By-law is in the whole or in part illegal, it shall and may be f^wful upon proof of service of a rule upon the Corporation, to shew cause, within not less than eight days after such service, why such By-law should not be quashed in the whole or in part, to order such By-Law to be quashed in the whole or in part : and if it shall appear to the said Court that such By-law is legal, in the whole or in the part complained of, to award costs in favour of the Corporation, or otherwise against such Corporation ; and that no action shall be sustained for or by reason of anything authorized to be done under any such By- law, unless such By-law or the part thereof under which the same shall be done, shall be quashed in manner aforesaid one calendar month pre- viously to the bringing such action ; and if such Corporation, or any person sued for actinj? under such By-law, shall cause amends to be tendered to the Plaintiff or his Attorney, and upon such tender being pleaded, no more than the amends tendered shall be recovered, it shall and may be lawful for the said Court to award no costs in favour of the Plaintiff, and to award costs in favour of the Defendant, and to adjudge that the same shall be deducted out of the amount of the verdict. Sec CLXn. And be it enacted. That in case any of the persons so declared to be elected, shall neglect or refuse to accept office, or to be sworn or affirmed into office, within the time in which the oath or affirmation of office is required to be taken, as hereinbefore provided, then the Head [of such Municipal Corporation for the preceding year, or in case of his absence or the vacancy of such office, then the Clerk of such Municipal Corporation ; and in case of the like vacancy of such last mentioned office, any one of the members of such Municipal Cor- E oration for the preceding year] shall forthwith by Warrant under his and and seal, directed to the keturning Officer, require him to hold a new election to supply the place of such person, which such Returning Officer shall accordingly do within at least eight days after the receipt of such Warrant, and the person who shall be elected upon stich War- rant shall be entitled and bound to be sworn or affirmed as Councillor, in the place of the person refusing office, or neglecting or refusing to be sworn or affirmed as aforesaid : Provided always nevertheless, that the necessity for such second election shall not preventer interfere with the immediate organization of the Municipal Corporation for the year, or their proceeding to business as if such seat were not vacant. Sec. CLXIIL And be it enacted, That all vacancies which may occur in any of such Municipal Corporations [by death, a judicial decision against the legality of any election, or otherwise however,] shall be filled by an election to be held under a Warrant directed to the Returning Officer under the hand and seal [of the head of such Municipal Cor- poration, or in case of his absence or the vacancy of such office, then under the hand and seal of the Clerk of such Municipal Corporation j 159 Parties interested may require of Town-Clerks. &c., copies of By-Laws, on paying a reason- able fee therefor. Superior Courts may be moved to ()uagh any By- law. Proceedings thereon. Provision as to actions for things done under By-laws, Amends may be tendered. If the person elected refuses to take office, a Warrant shall issue for a new election. Proviso: till? (I'orporatloii niny immediately pro- ceed to busiiiKSs. Vacancies in Municipal Cor- porntioiiH, how to belli led. ....: / 160 i\ i' Provioo ns to tcriiid of office. Provision in case of no eleciion beini; held on an appointed day- Appointment of Aldermen and Councillors. Duties of Trea- surers and Cham- berlains. CORPORATIONS AMENDMENT ACT. and in case of the like vacancy of such last mentioned office, then under the hand and seal of any one of the Members of such Municipal Corpo- ration :] Provided always, that the person [so ejected shall hold his seat in such Corporation by virtue of such election,] for the residue of the term for which his immediate predecessor was elected, and no longer. Sec. CLXV. And be it enacted, That if in any year there shall be no election held in any Township, Village, Town or Ward, on the appointed day, or if a requisite number [of candidates shall not have been elected, then,] and in every such case, it shall and may be lawful for the mem- bers of the Municipal Corporation in which such default of members shall occur, or if none be elected, then, for the members of such Muni- cipal Corporation for the next proceeding year, or the majority of them respectively, and they are hereby requireti to supply the deliciency by appointing the whole number of Aldermen and Councillors, when the whole number shall be deficient, from amongst the qualified freeholders and householders of the Township, Village, Town or City, or by appoint- ing such a number of qualified ireeholders and householders of such Township, Village, Town or City as will complete the full number of Aldermen and Councillors for the same, and the person so appointed shall be bound to accept office, and to be sworn in, under the same penalty as if elected. Sec CLXXn. And be it enacted, That it shall be the duty of each of such Treasurers and Chamberlains to receive and safely keep all moneys belonging to the County, City, Town, Township or Village for which he shall be appointed, and to pay out the same to such persons and in such manner as he shall be directed to do by any lawful order of the Munici- pal Corporation thereof, or by any law in force or to be in force in Upper Canada, and strictly to conform to and obey any such law or any By-law lawfully made by any such Municipal Corporation, and faithfully to gerform [all such duties as may be assigned to him by any such law or y-law ; Provided always, nevertheless, Firstly, That it shall moreover be the duty of every Township, Village and Town Treasurer, to receive from the Collector or Collectors of such Township, Village or Town, all moneys collected by such Collector or Collectors for or on account of the County Rates, and to pay the same over to the County Treasurer within such time as may be prescribed by any By-law of the Municipal Coun- cil of such County to be passed for that purpose : And provided also, Secondly, That the Municipal Corporation of such Township, Village or Town, shall be responsible to the Municipal Council of such County, for all such County Rates as shall or may be so paid to such Township, Village or Town Treasurer, n-ho shall, together with his suiuties, be responsible to such Municipal (Corporation for the same as for moneys received by hitn on account of the Township, Village or Town Rates respectively: And provided also, Thirdly, That every such Township, Village or Town Treasure'- shall keep an account in his books with the County Treasurer, and shall give receipts for all moneys received by him on account of the County, and receive from the Treasurer of such County receipts for all such moneys as he shall pay over to him on account of such County Rates ; And provided also, Fourthly, That nothing herein contained shall in any way exonerate any such Collector from his liability or limit his liability to the Municipal Council of such County for any of the County Rates, whenever they shall choose to proceed against him instead of against the Corporation of such City, Village or Town (as the case may be) for the recovery thereof ; And provided also, Fifthly, That for ail County Rates so received and paid over to the County Treasurer, the Township, Village or Town Treasurer shall be entitled to receive and lake to his own use a per two and a half per cent, upon all such County Rates so recei paid over as aforesaid, and no more.] cent age of I ; r then under ipal Corpo- [)ld his seat due of the i no longer. shall be no e appointed sen elected, r the mem- if members uch Muni- ity of them liciency by , when the freeholders by dppoint- ers of such number of 3 appointed r the same ly of each of p all moneys for which he and in such the Munici- •ce in Upper any By-law "aithfully to such law or 11 moreover •, to receive )r Town, all count of the urer within cipal Coun- vided also. Village or Ich County, Township, uioties, be or moneys own Rates Township, s with the ceived by er of such to him on thly, That Ih Collector cil of such choose to uch City, reof ; And and paid Treasurer I cent age of }ived and CLAUSES OP 12 VIC, CAP. 81, AS AMENDED. Sec. CLXXXVII. And be it enacted, That it shall not be competent to the Municipality of any Township or to the Municipal Council of any County, to pass any By-law for stopping up any original allowance for Roads in any Township or County, [nor on the limits of any Village or Town, or City therein, or on the borders thereof: Provided always, nevertheless, Firstly, That it shall and may be lawful for the Municipality of any Township, within which any Police Village or any other Village or Hamlet consisting of |not less than twenty dwelling houses, standing within an area of not more than two hundred acres, shall be situate, upon the petition of the Trustees of such Village in the case of a Police Village, and in other cases upon the petition of iifteen of the inhabitant Householders of such Village or Hamlet, accompanied by a certificate from the Register of the County within wnich such 'Jownship shall lie, that a plan of such Village or Hamlet had been duly deposited in his ofRce according to the then existing requirements of the Registry Laws in force in Upper Canada in that behalf, by any By-law to be passed by such Municipality for that purpose, to stop up, sell and convey or other- wise deal with any original allowance for Road ihat may lie within the limits of such Village or Hamlet, as the same shall be laid down on such plan, in the same manner as the Municipality of any Incorporated Vil- lage is empowered to stop up, sell, convey, or otherwise deal with any 8uch original allowance lor road within the limits of such Incorporated Village, but subject always nevertheless, to all and singular the direc- tions, limitations and restrictions, and other the provisions in the one huntlred and eighty-eighth section of this Act, contained respecting the same : Provided also, Second!/, That a Village or Hamlet siiuaie partly within one Township and partly within another, whether such Township shall be within the same or different Counties, shall be aVillage or Ham- let within the meaning of this section, and that in every such case the Municipality of each of such Townships shall have the powers hereby conferred as far as respects any original allowance for road, lying within that part of such Village or Hamlet, which according to such plan so deposited in the Registry Office or Registry Offices of such County or Counties shall be situate within the respective limits of such Townships.] Sec CXCII. And be it enacted. That it shall not be lawful for any of such Municipal Corporations to make any By-law [for the opening, stopping up, altering,] widening or diverting any public highway, road, street or lane until they shall have caused at least one calendar month's notice to have been given by written or printed notices put up in the six most public places in the immediate neighbourhood of such highway, road, street or lane, nor until they shall have heard in peison orby coun- sel or attorney, any person through whose land such highway, road, street or lane, o;- proposed highway, road, street or lane shall run, and who may claim to be so heard before them: Provided always, nevertheless, that nothing either in this section or in any other of the provisions of this Act shall extend or be construed to extend to give any power or autho- rity whatsoever to any of the Municipal Corporations erected or to be erected under the authority of the same, to interfere in any way with any of the public roads or bridges in Upper Canada, which by Act of Parliament or otherwise, now are or hereafter may be vested in Her Majesty, or in any public department or board of Her Majesty's Provin- cial Government as a Provincial public work ; with respect to all and every which Provincial public works whether roads or bridges, all and singular the powers by this Act conferred upon or vested in such Muni- cipal Corporations, with respect to other roads and bridges within the limits of their respective jurisdictions, shall be and the same are hereby vested in and shall and may from time to time and at all times hereafter be exercised by the Governor of this Province in Council with respect to suchProvincial public roads and bridgesand every of them, by suchordera in Council as shall or may from time tc time be made for that purpose. 161 Corporation! not to stop up origi- nal allowance* for loadi Corporation not to Slop up Roads, &c., vvitliout one iiiontli'a notice, &c. Proviso : Uorpor- aiiong not to interfere witJi Koadii, &e., vested in Her Majesty or any public depart- ment. Powera of Gov- ernor in Council as to lucb Roadi. 162 f? 1 X Trovisiotidofthls Act as 10 proper- ly qiinliflcatioii, when to take effect. Who mny vote or be elected in the meantime. In incorporated Towns, &c. In unincorpo- Tated Towns, &c. Provido as to pliices wliere a Reglsitraiion of voters exists. Provioo ns to /irst elections. CORPORATIONS AMENDMENT ACT. Sec. CCVIII. And be it enacted, That no provision in the foregoing enactments of this Act which lequires that any person be possessed of any property qualification, or be assessed for any particular amount in order to his having a right to vote or to be elected at any election to be held under the authority of this Act, shall have any force or effect, un- less or until some Act be passed by the Parliament of this Province, in the present or some future session thereof to provide for the regulation of assessments, and the levying and collecting of local taxes in Uppe. Canada, and to repeal the general provisions of the Acts heretofore in force for that purpose, but all such persons as have heretofore had the right to vote [or to be elected respectively, at the annual Township elections for District Councillors, in] the several Townships in tJpper Canada, shall have the right of voting and being- elected for the Town- ship and Village Councillors to be elected under this Act, and such per- sons as have heretofore had a right to vote or be elected at the Munici- pal Elections of any City, Town, or Village heretofore incorporated, or having a Board of Police established by law for the same, shall have the riglit of voting and being elected for the City, Town or Vil- lage, Aldermen and Councillors to be elected under this Act for such City, Town or Village respectively; and the persons entitled to vote or be elected at the Municipal Elections of every Town and Village not incorporated as aforesaid before the passing of this Act, shall be the resident male inhabitants, being either householders or freeholders of such Town or Village of the age of twenty-one years or upwards, being subjects of Her Majesty by birth or naturalization, and who shall have resided in such Town or Village for six calendar mouths next previous to the holding: of the said election, and who shall have been rated on the Assessment Roll of the said Town or Village as householders or freeholders for the year previous to such election. [Provided always, nevertheless. Firstly, That the value of the pioperty by the provisions of this section required as the qualification of a Township Councillor, shall be one hundred, instead of three hundred pounds, as heretofore required for District Councillors ; and provided also, Secondly, That in the case of all Township Councillors, it shall be a sufficient qualifica- tion, if in lieu of such one hundred pounds of real property, they shall be seized or possessed of real and personal propertj which shall, to- gether, amount to two hundred pounds ; and provided also. Thirdly, That in the case of all such Towns and Villages as are lastly above mentioned, every person to be elected a Councillor for any siich Town or Village, shall be seized and possessed to his own use in fee, of lands and tenements within the County or Union of Counties in which such Town or Village shall be situate, or within some one or other of the Counties or Unions of Counties next adjoining such first mentioned County or Union of Counties, of the real value of one hun- dred pounds currency, over and above all charges and incumbrances due and payable upon or out of the same ; and provided also. Fourthly, That in the Cities and Towns in which, at the passing of this Act, a provision exists for the registering of votes, the same shall continue and be in force until repealed, altered or amended by a By-Law of the Cor- poration of such City or Town ; Provided also, Fifthly, That whether any such new Act for regulating Assessments in Upper Canada, shall or shall not be passed prior to this Act coming into force, the persona hereinbefore in this section described as entitled to elect and be elected under this Act, until scch new Assessment Law shall have been passed as aforesaid, shall be thosie entitled to elect and be elected respectively ; And provided also. Sixthly, That any Town, the Act of Incorporation of which had been disallowed or had expired before the first of .Januarj', in the year of our Lord one thousand eight hundred and fifty, shall be taken and held to be an incorporated Town witliiQ '.his eection,] at the ^rst elections to be beld under this Act. 4M* foregoing Bsessed of amount in nion to be effect, un- rovince, in regulation 3 in Uppe. retofoie in e had the Township I in Upper the Town- II such per- \e Mnnici- porated, or shall have ,vn or Vil- it for such \ to vote or Village not hall be the eholders of mrds, being shall have xt previous jn rated on eholders or ed always, ! provisions Councillor, ? heretofore ly, That in t qualifica- they shall Ih shall, to- |o, Thirdly, istly above any such |use in fee, bounties in Ime one or such first one hun- Inmbrances L Fourthly, [his Act, a mtinue and lof the Cor- it whether lada, shall le persons be elected sen passed [pectively ; [poration of |f January, shall be \ii,\ at Uie •■ •' '. ROADS ACT EXTENDED TO RAILROADS. ACTVd Sf U VIC. CAP. 72. An Act to amend and extend the provisions of an Act passed in the twelfth year of Her Majestifs Riign, intituled, "An Act to authorize the formation of Joint Slock Companies for the construction oj Roads and other Works in Upper Canada.'^ [lOlh August, 1850.] 'Vin'HEREAS it is expedient and desirable, with a view to the Vt introduction of British capital and enterprise into this Province, to amend and extend the provisions of an Act passed in the twelfth year of Her Majesty's Reign, intituled, An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other Works in Upper Canada, and to adapt the same to Rail and Tram Roads, and to enlarge the same so as to enable Corrtpanies of Her Majesty's subjects formed in Great Britain or Ireland to take the benefit thereof: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite tfie Provinces of Upper and Lower Canada, and for the Govern- ment of Canada, and it is hereby enacted by the authority of the same. That the several powers and privileges in the said recited Act men- tioned, as far as the same may be applicable, shall extend and be (ionsidered to apply to roads made of charcoal and to all Rail-roads or Tram Roaids, whether the same shall be constructed of iron or wood or stone or partly of any of the said materials, and also to all companies formed or to be formed in Great Britain or Ireland, whether chartered, registered oq otherwise legally constituted. II. And be it enacted, That in any such Company, as stiall or may be desirous of acting under the provisions of the said recitec' Act or this Act, the shares for the purposes of the said Acts, shall be oi' the same amount as those already mentioned in the charters, deeds of settlement or constitutions of any such Company, instead of the sum of five pounds in the said recited Act mentioned. III. And be enacted. That any such Company in Great Britain or Ireland, desirous of acting under the provisions of the said Acts, or either of them, shall appoint one or more Commissioners in Upper Canada, who shall have the same powers and privileges, and act in the same manner, as if such Commissioners were directors of such Com- pany, duly elected, and acting under the provisions of the said Acts. IV. And be it enacted, That any one of such Commissioners shall be also considered as the presidirg officer and Treasurer of such Com- pany, for the purposes in the second and fourth sections of the said Act mentioned. V. And be enacted, That any rail or tram road to be erected or made under the provisions of this Act, shall be subject to such supervision and control by the Governor and Council of this Province, as well as to rates of toll and charges, as to all other matters relating to such rail or tram road, as shall or may at any time be directed by any statute passed or to be passed for the ^jeD/eral supervision ^ad control of Rail-roads in ^hin Province. I'rccimble. 12Vic. c>4, cited. A;. I. i-Aicnrtcd to mil and tram roiidK, and to coiiipnniL's in the United Kingdom. Amount of sharcti it) such compa- niei. Commissionera to be appointed, in Upper Canada One to act as president and treasurer. Hail or tram road to he subject to any general rail- road Act. 1 1 1 ( >' I f lit ' 164 Timtforeotn- |)leiin« any rail- road, 4ce. How (uiM mny brought affaingt such eotnpaiiiei. rreamblu. Certain Acts repealed. Acts of U. C, 59 G. 0, (sess. -i,) C.7, assessments. ASSESSMENT ACTS RPEALED. VI. And be enacted, That for and notwithstanding any thing in the twenty-first section of the said recited Act, the time for coinpleting any Rail or Tram road shall be extended to the period of five years. VII. And be it enacted, That any suit, action or proceeding, for any cause of action arising under or out of the provisions of this Act, shall and may be brought against any such Company of Great Britain or Ire- land by service of any process or proceeding upo > any Commissioner of such a Company resident in Upper Canada. 59 G. 3, (sess. 2,) c. 8, highways. 4G. 4, (sess. 2,) c. !>, highways. 4G.4, (Bcss. 2.) c. lU, highways. ASSESSMENT ACTS REPEALED. 13 Ir 1.4 VIC. CAP. LXri. w An Act to repeal the Acts and provisions of Law relative to Assessme.iis and matters connected therewith in Upper Canada. [lOlh August, 1850.] HEREAS it is expedient to repeal the several Acts and provisions of Law relating to assessments and local taxation, and to statute labour, in Upper Canada, to the end that more equal and just provisions may be made with regard to the matters aforesaid : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the Act of the Parliament of Upper Canada, passed in the second Ses- sion held in the fifty-ninth year of the Reign of King George the Third, and intituled, An Act to repeal the several Laws now in force relative to levying ami collecting rates and assessments in this Province, and further to provide for the more equal and general assessment of lands and other rate- able property throughout this Province, — and the Act of the said Parlia- ment, passed in the Session last aforesaid, and intituled, An Act to repeal part of and amend the Laws now in force for laying out, amending and keeping in repair the Public Highways and Roads in this Province, — and the Act of the said Parliament, passed in the second Session held in the fourth year of the Reign of King George the Fourth, and intituled. An Act to amend and make perpetual an Act passed in the fifty-ninth year of His late Majesty^ Reign, intituled, ' An Act to repeal part of and amend the Laws now in force for laying out, amending and keeping in repair the Public Highways and Roads in this Province,^ and also to amend an Act passed in the fiftieth year (f His late Majefty^s Reign, intituled, ' An Act to provide for the laying out, amending and keeping in repair the Pub- lic Highways and Roads in this Province, and to repeal the Laws now in force for that purpose, — and the Act of the sait attaching set down in to taxation, e thereof in malion and tains a true , property of I have esti- :mation and shall, on or or Township ;he Clerk of rlio shall lay • ' shall deem leir Roll, he 1 shall have ;n within six i, notify the inir, of such five Mom- • or Council, ;uch lime as being given made the assessor or ipon oath, or hall linally ingly ; and im, and any )urt ; and if Members of sessed loo able notice nlhe matter ident, shall City, Town, )iiblished al \ the name lime be not criplions in n the same as finally issed, shall '• any defect always that to mean a left at the within the any grown al property bst Office, before the ASSESSMENT ACT. XXIX. And be it enacted, That the said Court shall also have power to receive and decide upon any petition from any party assessed, for any tenement which snail have remained vacant during more than three calendar months, in the year for which the assessment was made, or from any party who from sickness or extreme poverty shall declare jfiimself unable to pay his taxes, or who by reason of any gross and manifest error in the Roll as finally passed by the Court, shall have been overcharged more than twenty-five per cent, on the sum he ought to have been charged, and to remit or reduce the taxes due by any such party, or to reject such petition, as to them shall seem meet and right, unless some By-law shall be in force to govern them in this behalf, in which case they shall, decide in accordance with such By-law : and the Council or Municipality of any City, Town, Village or Township, is hereby empowered to make such By-laws and to repeal or amend the same from time to time. XXX. And be it enacted. That the said tourt shall have full power to meet anvl adjourn from time to time at pleasure, and the Courier any Member thereof may administer an oath to any party or whness, or may issue summons to any witness to attend such Court ; and if any witness so summoned shall fail to attend, (being tendered compensation for his time al the rale of Two Shillings and Six Pence a day), he shall incur a penally of Five Pounds, to be recovered with costs by and to the use of the Corporation of the City, Town, Village or Township, in any way in which penalties incurred under any By-lawlhereof may be recovered ; and the Clerk of the Corporation shall be the Clerk of the said Court. XXXI. And be it enacted, That in every case in which any sum is to be levied for County purposes, the Municipal Council of the County shall by By-law direct what portion of such sum shall be levied in each Township or incorporated Town or Village in such County ; and it shall be the duly of the County Clerk before the First day of August in eaoh year In eertify to the Clerk of each Township, or incorporated Town or Villajje in his County, the total amount which shall have been so directed to be levied therein in the then current year for County purposes; and for the guiil mce of such Municipal Council, the Clerk of each incorporated Town, Village or Township shall forth- with after the final revision of the Assessment Rolls for the same transmit to the County Clerk a statement of the aggregate value or yearly value, (as the case may be) of all the taxable real property, and of the amoinit of all taxable personal piopertyon such Rolls respec- tively, as li.ially revised antl passed; but the failure to transmit any such Roll shall not affect the validity of any By-law of such County Municipal Council. 173 Court may make reductioniiiicer- mm cniiCH of Iiardship. (;eriiiiii povvery vosifil ill tlie Court. In taxes lor county puriiosPK, itie ^uiii payable liy eacli township &c., to be fixed l)y IJy-law. County ("ouncil to have copies of Mi-sci-smL'nt rolls tor ihuir uuid- aiice. Provieo. rolls ; tlieir form and coiitcntH. XXXII. And be it enacted. That it shall be the duty of the Clerk of clerks to make the City, Town, Village or Township to make out a Collector*s Roll for °"' coikcior'a the Township or Village, or for each Ward in the City or Town, as the case may be, on which shall be set down : the name of each party assessed, — the correct assessed value of the leal piopeity of each party, — an^ the amount of personal property for which such parly is taxable, as the valuation on such roll may in any case be allected by any such revision as ai'oresaid ; and he shall also set down on the same roll the true valuation of the lands of non-residents, opposite to the respective lots, part-lots orparcels of land, and as the same may be affected by such revision or equalization : and he shall also calculate and set down the amount for which each party, or each lot or piece of land of a non-resi- dent is chargeable, for any sum or sums ordered to be levied by the Municipal Council of the County for County purposes, under the head !k. Nil' rt! If 174 Duty of collec- tors on receiving their rolls. Proviso : taxca on lands of non- residenii mny be paid to county- treasurer. Account to be kept by him, &c., nnd n enacted. That it shall be the duty of the Collector to coiiccioraw re- Taxes liow re- covecniile wlu'ii the kiiecial means shall be iiisufllcietit. To 1)6 privileged lien on land. Proviso. Collector may re- ceive taxes on undivided por- tion* of lanils. &c. Ki:try in sucli cas«;. List ofcerlaiii i:'.iiil!- to be irarii-- iiitied yi'nrly Iiy • oniiiiisVioner of crown lands lo county trea- surers". ' \ tmmm» 176 ] ill \] ■ 1 '<■ ccivciaxeion Initdioriioii- retidcntt. Time for return of coliector'a rolls. Aecounia to be rendered by col- lectors on oath. Trensiirer, or Chaniberlniii to have a copy of roll as to landij of noii-resideiits. And enter taxes paid. Uuiy 0.* Trea- surer orCli-iin- VierJniii as to .such lands oil vVhicU taxes arc nui |iaid. T'rovigo : where tne owner of any lande cannot be tciund. ASS:£SSMENT ACT. receive taxes upon the lands of non-residents if tendered to him within the time of his collection > XLI. And be it enacted, That on or before the fourteenth day of December, in each year, or on such other day in each year as the Muni- cipal Council of the County shall have appointed, it ihall be the duty of each Collector to return his Collector's Roll to the Treasurer of the Township, Village or Town, or City Chamberlain, and to pay over the amount payable to such Treasurer or Chamberlain. XLII. And be it enacted, That if any of the taxes mentioned in the Collector's Roll shall remain unpaid, and the Collector shall not be able to collect the same, he shall deliver to the Township, Village or Town Treasurer, and to the County Treasurer (or to the City Cham- berlain, if the account relate to a City) an account of all the taxes remaining due on the said Roll ; and in such account the Collector shall shew, opposite to each separate assessment, the reason why he could not collect the same, by inserting in each case the words " non-resident" i or " no property to distrain" as the case may be, and upon making oath f before the Treasurer or Chamberlain that the snms mentioned in such •■ account remain unpaid, and that he has not upon diligent eiiquiiybeen able to discover any goods or chattels belonging to or in the possession cf the parties charged whh or liable to pay such sums, whereon he could levy the same, he shall be credited with the amount thereof, and the •said account shall be sufTicient authority to the County Treasurer or City Chamberlain to proceed to sell the lands on which such taxes remain unpaid in the manner hereinafter provided. Xf^III. And be it enacted. That it shall be the duty of the proper Clerk, previously to the delivery of the Collector's Rolls by him to the H-^ several Collectors, to furnish the Treasurer of the Township, Village, or p ' Town, or the Chamberlain of the City, with a correct copy of each i. Roll so far as the same relates to the lands of non-residents ; and such [:■;?' Treasurer or Chamberlain shall enter the same in p. book to be kept by i-M him for that purpose, together with the taxes charged upon such lands. S f XLIV. And be it enacted, That upon the return of the Collector's Rolls to the said Treasurer or Chamberlain, he shall enter in the said book any taxes which may have been charged upon such lands by the Municipal Council of the County, in vi'hich the land is situate, and he shall also enter in the said book the taxes which shall appear to have been received on such lands by the Collector. XLV. And be it enacted. That it shall be the duty of the said County Treasurer or Chamberlain to prepare a list Of such lands in each Town- ship, Village, Town, or City upon which any taxes shall remain due at the time of the Collector making his return, distinguishing in sepa- rate columns, and opposite the lots or parcels of land respectively, the amounts due for County Rales, and the amounts due for Township, Vil- lage, Town or City Rates, and it shall be the duty of such County j li Treasurer or Chamberlain, within one month after the receipt of such V Collector's Roll, to address a circular letter through the Post to the owners of the several lots or part-lots of land respectively, on which taxes are still due, stating the amount due, and calling upon such i owners respectively for payment thereof. Provided always, that in any case where the County Treasurer or Chamberlain shall not be able to satisfy himself who the owner of any land in the said list is, or where he resides, it shall be the duty of such Treasurer or Chamberlain to publish in the Government Official Gazette of the Province, a list of such lands, setting forth the total amount due on each, and calling on the owners for payment, charging the expenses of publication against the lands in question in proportion to the amount due on them respectively ; .-J* him within enth (lay of istheMuni- } the duty of iurer of the )ay over the ioned in the shall not be , Village or ;;;ity Cham- all the taxes )llector shall ly he could )n-resident" making oath lied in such iiquirybeen possession of son he could 3of, and the smer or City axes remain f the proper \f him to the p, Village, or py of each ; and such be kept by such lands. Collector's in the said ;inds by the ate, and he ear to have said County leach Town- :iain due Ing in sepa- ]ctivelyj the Ivnship, Vil- |uch County ;ipt of such I Post to the [, on which upon such I, that in any Inot be able I is, or where Imberlain to list of such n^ img on the I against he speotively ; ASSESSMENT ACT. and such expenses shall be levied on such lands with the taxes due on thonri, and with the <leci to pay Kuch taxes. Sheriff shall have for executing and uturning .snch warrant, Five Shillings for the sale of each separate lot or parcel of land, and may deduct and retain for himself three per cent, on the amount levied by him, and the remainder whereof shall be paid over the Treasurer or Chamberlain. L. And be it enacted, That the said Sheriff or High Bailiff shall give notice of the time and place of sale of any real estate so taken forta.xes, by an advertisement thereof, inserted once in each month during four sucessive mo'nths, in some newspaper of the County or City where the real estate lies, if there be any such newspaper, and if not, then in a newspaper printed in any adjacent County, tlie last pn'olicution of which advertisement shall be at least one week priorto the time of sale. LI. And he it enacted. That the said Sheriff or High Bailiff shall also po.st a notice similar to the advertisement required by the preceding ."section, in some convenient and p'")lic place within the County or City, tiufo weeks before the lime of sale. LII. And be it enacted, That the notices required by the two pre- reding sections shall .state the names of all the owners a-ho are known to the said Sheritlor Hiiih Bailiff, with the total amount of the taxes assess- ed on their laiicls I'espectively ; and when the owners are not so known, the advertisement shall state the total amount of the taxes on the several lots, part-lots, or parcels of land to be sold as aforesaid. Llil. And be it enacted, That if no person shall appear to pay the laxes at the time and place appointed for the sale of lands so taken for taxes, the Sheriff or Hiah r.': # ASSESSMENT ACT. LVI. And be it enacted. That the owner of any real estate sold for non-payment of taxes, or his heirs, executors, administrators or assigns, may at any time within three years from the day of snle, redeem the estate sold, by paying or tendering lo the County Treasurer or City Chamberlain, for the use and benefit of such purchaser or his legal representatives, the sum paid by him, including taxes paid since ihe sale, together with interest on such sum or sums, at the rate of ten per cent, per annum, as such amount may be officially known to such Treasurer or Chamberlain ; and the saitl Treasurer or Chamberlain shall give to the party paying such redemption money a receipt staling the sum paid and the object of the payment, and such receipt shall be evidence of the redemption. LVII. And be it enacted, 1 hat if the land be not redeemed within the period hereinbefore allowed for its redemption, the Sheriff or High Bailiff shall, on the demand of the purchaser at any time after the expiration of the i«iid period, and on payment of the sum of Two Shillings and Six Pence to him by such purchaser, execute and deliver a deed of sale of such land to the purchaser, his heirs and assigns ; and such deed shall state the date and cause of sale and the price, and shall describe the land by its situation, boundaries and quantity, and shall have the effect of vesting the land in the purchaser, his heirs and assigns, in fee simple, free and clear of all charges and incumbrances thereon, except taxes accrued since those for the non-payment whereof it was sold ; and the Sherilfor High Bailiff shall also give the purchaser a certificate of the execution of snch deed, containing the particulars aforesaid, under his hand and seal, which for the purposes of resistra- tion of the deed in the ReL'istiy Office of the proper County shall be ^/^.^^^-^ 1.0 I.I 2.2 1^ 1^ Hi uk 2.0 18 1.25 I..I ||J4 < 6" — ► Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 87^-4503 o«ne proviaiona ati.itl take ctfect. A|it>ropriation out of monef a Mrining under 2 Vice. 11. ARREARS OF TAXES. ACT13 Sf 14 VIC, CAP. 69. t ! An Act to enable Collectors of Local Taxes in Upper Canada, for the several years betioecn one thotisand eight hundred and thirty-six and one thow' and eight hundred and forty-nine, (both inclusive,) to recover Taxes accrued in sv4:h years respectively, and remaining due. [Passed 10th August, 1850.] FrcamUc. "^TITHEREAS there are considerable amounts of Local Taxes, Rates W and Assessments accrued in Upper Canada, between the years one thousand eight hundred and thirty-six and one thousand eight hun- dred and forty-nine, both inclusive, still remaining due and unpaid ; And whereas difficulties have arisen and doubts exist as to whether the several Collectors appointed for such years respectively, can now legally enforce payment of such arrears, and it is but fair and just that the paiiies assessed and in arrear should be required to pay the Taxes due by them : Be it therefore declared and enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legisla- tive Council and of the Legislative Assembly of the Province of Canada, constituted and asssBmbled by virtue of and under the authority of an Act passed in the Parliament the United Kingtlom of Great Britain and Ireland, and intituled. An Act to re-unite the Provinces of Upper and Lotoer Canada, and for the Government of Canada, and it is hereby I nberlain shall} in le Receiver Gen- be applied— ntures issued on iding, ani also of nder the authority complete the said for or of erecting [nstitution of gen- ie Province, not less than oi»e lying off th« prin- Uylura and of any hall be directed by ns of this Act shall ly of January, one ising from any rate ited, there may be lefray the expenses honsand eight hun- . for that purpose. XES. anada, for the several ty-six and one thouS' !,) to recover Taxe$ due. hh August, 18fl0.] Local Taxes, Rates _, between the years thousand eight hun- ig due and unpaid ; _ist as to whether the 'ely, can now legally ir and just that the pay the Taxes due y the Queen's Most isent of the Legisla- Piovince of Canada, Jer the authority of lom of Great Britain rurpose of deter- behalf qualified itesto such pei- persons respec- iinicipality ; and he said sum and of Great Britain, s te such persona I shall be in force n the then next ny person unless d always, that if the requirements [han the number jch By-laws, the I passed for their JLicenses may be perform similar ctualling houses, ts of like nature, e licenses : And I be directed br h times, for such such By-laws: mary any power inconsistent with t- said Inspectors e sakl Inspector* I day to day or lectors shall be lis absence the \\ and decide the 3T this purpose Irporation of the Iherein contained Ifrom appointing Ises for keeping liquors therein, 8V>ph q(ficar Qf Sector. I rreMNble. COMMON SCHOOLS. ACT 13 Sr 14 VIC, CAP. 48. An Act for the better establishment and mainlainence of Common Schools in Upper Canada, [Passed 24th July, 1850. ] WHEREAS it is expedient to make provision for the better estab- lishment and maintenance of Common Schools in the several Villages, Towns, Chies, Townships and Counties of Upper Canada: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the \ Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the \. Parliament of the United Kingdom of Great Britain and Ireland, and \ intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government if Canada, and it is hereby enacted by the authority of the same. That the Act of the Parliament of this Province, Two Aeit passed in the seventh year of Her Majesty's Reign, and intituled, An repealed. Act for the better establishment and maintenance of Common Schools in Upper Canada, and also the Act passed in tho twelfth year of Her Majesty's teign, chanter eighty-three, and intituled, An Act for the bet' ter Establishment and maintainence of Pvblic Schools in Upper Canada^ and for repealing the present School Act, shall be, and the same are hereby repealed: Provided always, nevertheless, firstly, that no Act or part of proviao. an Act repealed by either of the Acts hereby repealed, shall be revived by the passing of this Act: And provided also, secondly, that the repeal of the ^aid Acts shall not extend or be construed to extend to any act done, any penalty incurred, or any proceeding had under the said Acts, or either of them : And provided also, thirdly, that all School Sections or other School divisions, together with all elections and appointments to office, all agreements, contracts, assessments, and rate-bills, made under the authority of the said Acts, or of any preceding Act, and not annulled by the said Acts or by this Act, or by any of them, shall be valid and in full force and binding upon all parties concerned, as if niade under the authority of this Act, and shall so continue until altered, modified, or suspended, according to the provisions of this Act: And f>rovided also, fourthly, that nothing herein contained shall affect the iability of any District, County, City, Town, or Township Superinten- dent of Common Schools, to the Municipal Corporation to which he '' • would otherwise be responsible for the same, for any moneys received by him under ehher of the said Acts ; but the liabilities of every such Superintendent for such moneys shall be and remain as if this Act had not been passed : And provided also, fifthly, that nothing in the .said Act secondly above recited, contained, shall extend, or be conslrned to extend, to have repealed any Act of the Parliament of this Province, whereby provision was made for the appropriation of money from the Consolidated Revenue Fund of this Province, for or towards the estab- lishment and maintenance of Common Schools in this Province, or in any part thereof. FiaST — ELECTION AND DUTIES OF SCHOOL TRUSTEES. .- II. And be it enacted, That the annual meetings for the elections of AnnoalKbool School Trustees^ as hereinafter provided by this Act, shall be held iiv "•««»'»»«»• All Khool diri- Bionp, election!, appointmenti, conirnciB, fcc, confirnie<(. 190 i' 'i i One Tniiuee in each kIiooI tce- *tlon 10 be elected. rroviw : ni to re*eJeciion. Mode of calling the flrst school meeting in a new pcction. Mode of proceed- ing at first meet- ing. Election of Chairman nnd Secretary ; their duties. A poll wlicn to lie granted. Three Trustees to be elected. Order of retiring from Office. ProviM. Frocccdin((R at annual meetings. Chairman and Secretary. Annual flnaneial report. Election of Trui- tee>. COMMON SCHOOLS. all the Vill.ijQfes. Town?, Cities, ami Townshipa of Upper Canada, on the second Wednesday In January, in each year, commencing at the hour of Ten of the clock in the forenoon. III. And be itenacted, That in all School divisions (except in Cities, Towns and Incorporated Villages) which have been esliiblished accord- ing to law, and which have been called " School Sections,'' and in which theie shall be three Trustees in office at the time this Act shall come into force, one Trustee shall be elected to office at each ensuing annual school meeting, in place of the one who shall have been three years in office: Provided always, that the same individual, if willing, may be re-elected : And provided also, that no School Trustee shall be re-elected, except by his own consent, during the four years next after his going out of office. IV. And be it enacted. That whenever any school section shall be formed in any Township, as provided in the eighteenth section of this Act, the Clerk of the Township shall communicate lo the person appointed to call the first school meeting for the election of Trustees, the description and number of such school section; and such person shall, within twenty days thereafter, prepare a notice in wi-iting, describ- ing such section, and appointing a time and place for the first school sec- tion meeting, and shall cause copies of such notice to be posted in at leas! three public places in such school section, at least six days before the time of holding such meeting. V. And be it enacted. That at every such first school section meeting, the majority oT the freeholders or householders of snch school section present, shall elect one of their own number to preside over the pro- ceedings of such meeting, and shall also appoint a Secretary, whose duty it shall be to record all the proceedings of such meeting ; and the Chairman of such meeting shall decide all questions of order, subject to an appeal to the meeting, and shall give the casting vote in case of an equality of votes, and shall have no vote except as ChuirmaUj and shall take the votes in such manner as shall be desired by the majority of the electors present, and shall at the request of any two electors, grant a poll for recording the names of the voters by the Secretary : and it shall be the duty of the electors present at such meeting, or a majority of them, to elect from the freeholders or householders in such section, three Trustees who shall respectively continue in otlice as fol- lows : the last person elected shall continue in office until the next ensuing annual school meeting in such section, and until his successor is elected ; the second person elected, one year, and the first person elected, two years, from such next ensuing annual school meeting, and until their successors are elected respectively : Provided always, that a correct copy of the proceedings of such first school section meeting, and of evei'y annual school section meeting, signed by the Chairman and Secretary, shall be forthwith transmitted by the Secretary to the Local Superintendent of Schools. VI. And be it enacted, That at every annual school section meeting in any Township, as authorized and required to be held by the second section of this Act, it shall be the duty of the freeholders or household- ers of such section, present at such meeting, or a majority of them — Firstly. — To elect a Chairman and Secretary, who shall perform the duties required of the Chairman and Secretary, by the fifth section of this Act. Secondly. — To receive and decide upon the report of the Trastees. as authorized and provided for by the eighteenth clause of the twelfth section of this Act. * JTiirMy. — ^To elect one or more persons as Trustee or Trustees, to fill / per Can!\cla, on aencing al tho ixcept in Cities, iblisluul accord- ctions,'' and in le this Act Fhall at each ensuing have been three dual, if willing, Trustee shall be years next after section shall be ;h section of this ite 10 the person ition of Trustees, \nd such person I writing, describ- le first school sec- 5 posted in at least IX days before the il section meeting, ich school section side over the pro- , Secretary, whose meeting; and the s of order, subject ng vote in case of 18 Chuirmanj and id by the majority any two electors, by the Secretary : luch meeting, or a iseholders in such ijR in otTice as fol- fce until the next tntil his successor W the first person ""lool meeting, and led always, that a section meeting, by the Chairman Secretary to the Ll section meeting [eld by the second tiers or household- fority of them— 1 shall perform the Ihe fifth section of If the Trustees, as Ise of the twelfth Rxpcnwi of the gcliool. Challenging votcra. Declnrntion rcQUircd. rrovino t false (Icrlnrntion for voting illegally. Mofic of recover- ing penalty. nefitsing to serve as 'i'rustee. COMMON SCHOOLS. 191 up the vacancy or vacancies in the Trustee Corporation, according to law : Provided always, that no Teacher in such section shall hold tne ofiice • of School Trustee. Fourthly. — To decide upon the manner in which the salary of the Teacher or Teachers, and all the expenses connected with the opera- tion of the School or Schools, shall be provided for. 1 VII. And be it eiiacted. That if any person oflTering to vote at an ' annual or other school section meeting, snail be challenged as unquali- fied by any legal voter in such section, the Chairman presidirig at such 'I meeting shall require the person so offering, to make the following declaration : " I do declare and affirm that I am a freeholder (or householder) in ** this school section, and that I am legally qualified to vote at this meeting." And every person making such declaration, shall be permitted to vote on all questions proposed at such meeting ; but if any person shall K refuse to make such declaration, his vole shall be rejected : Provided always, that every person who shall wilfully make a false declaration of his right to vote, shall be deemed guilty of a misdemeanour, and ii punishable by fine or imprisonment, at the discretion of any Court of ^ Quarter Sessions, or by a penalty of not less than One Pound Five Shil- lings, or more than Two Pounds Ten Shillings, to be sued for and recov- fered, with costs, by the Trustees of the school section, for its use, before any Justice oi the Peace, having jurisdiction within such school section. '• VIII. And be it enacted. That if any person chosen as Trustee, shall refuse to serve, he shall forfeit the sum of One Pound Five Shillings ; and every person so chosen and not having refused to accept, who shall at any time refuse or neglect to perform the duties of his office, shall forfeit the sum of Five Pounds ; which sura or sums may be sued for and recovered by the Trustees of the school section, for its use, before any such Justice of the Peace : Provided always, that any person chosen as Trustee may resign with the consent of his colleagues in office and ^»>- of the Kbcal Superijitendent, expressed in writing. IX. And be it enacted, That in case no annual or other school section meeting be held for want of the proper notice, the Trustees or other person whose duty it was to give such notice, shall respectively or indi- vidually forfeit the sum of One Pound Five Shillings, to be sued for and recovered for the purposes of such school section, on the complaint of any resident in such section, before any such Justice of the Peace : Provided always, that in the default of the holding of any school sec- tion meeting, as hereinbefore authorized by this Act, for want of the proper notice, then any two freeholders or householders in such section, are hereby authorized, within twenty days after the time at which such meeting should have been held, to call such meeting by giving six days' notice, to be posted in at least three public places in such school sec- tion ; and the meeting thus called shall possess all the power, and per- form all the duties of the meeting in the place of which it shall have been called. X. And be it enacted, That the Trustees in each school section shall Trastees to he a be a Corporation, under the name of " The Trustees of School Section Corporation, 'i Number , in the Township of , in the County of :" Provided always, that no such Corporation of any Proviso. ' >? school section shall cease by reason of the want of Trustees, but in cane .■ ^ • -a sIk^wV of such want, any two freeholders or householders of such section shall have authority, by giving six days' notice to be posted in at least three public places in such section, to call a meeting of the freeholders or rrovieo : reilgn- ing aa Trustee. Not giving doe notice of meet- ings. Mode of recover- ing penalty. - ^^ Mode of calling meeting in dcrniilt of annual meeting, &c. Mode of electing . T slees to flU J householders, who shall proceed to elect three Trustees, in the manner new Trustee, 192 (! ■ Mode of deciding on the site of « ■c4ioo4 houN. Duiiea of Truteei. flecfeUirjr- Treuurer: hit dutiei. Collector: hit daiie*. '^' ■; Hii remune- ration. To give KCi'rity. Powen. Tmiieet to have the keeping of the Khool pro- pert/. A^ Providing tehool prcmiiea. Apparatui and boofca. TeaeiMn. Fenale aebool. Orderato Teaehera for monetr. COMMON SCHOOLS. presoribed in the fifth section of this Aot, and the Trustees thus elected shall hold and retire from office in the manner prescribed for Trusleee elected under the authority of the said fifth section of this Act. XI. And be it enacted, That in any case of difference as to the site of a school-house between the majority of the Trustees of a school section and a majority of the freeholders or householders, at a special meeting called for that purpose, each party shall choose one person as arbitrator, and the two arbitrators thus chosen, and the local Superintendent, or any person appointed by him to act on his behalf, in case of his inability to attend, or a majority of them, shall finally decide on the matter. XII. And be it enacted, That it shall be the duly of the Trustees of each school section : Firstly. — To appoint one of themselves, or some other person, to be Secretary-Treasurer to the Corporation ; and it shall be the duty of such Secretary-Treasurer to give sucn security for the correct and safe keeping and forthcoming (when called for) of the papers and moneys belonging to the Corporation, as may be required by a majority of tho Trustees ; to keep a record of all their proceedings, in a book procured for that pur- pose ; to receive and accounf for all school moneys collecteil by rate-oill, subscription, or otherwise, from the inhabitants of such school section ; to disburse such moneys in such manner as may be directed by the majority of the Trustees. SccoN(fli/.— To appoint, if they shall think it expedient, a Collector (who may also be Secretary-Treasurer), to collect the rates they hav« imposed, or shall impose upon the inhabitants of their school section, or which the said inhabitants may have subscribed ; and to pay such Collector, at the rate of not less than five or more than ten per cent, on the moneys collected by him for his trouble in collecting ; and every Collector shall give such security as may be satisfactory to the Trustees, and shall have the same powers, by virtue of a warrant, signed by a majority of the Trustees in collecting the school-rate or subscription, and shall proceed in the same manner as ordinary Collectors of County and Township rates or assessments. Thirdly.— To take possession and have the custody and safe keeping of all Common School property, which may have been acquired or given for Common School purposes in such section, and 'to acquire and hold as a Corporation, by any title whatsoever, any land, moveable property, moneys or income for Common School purposes, until the power hereby given shall be taken away or modifieu, according to law, and Ui apply the same according to the terms of acquiring or receiving them. Fourthly. — To do whatever they may judge expedient with regard to the building, repairing, renting, warming, furnishing and keeping in order the section school-house, and its appendaofes, wood-house, privies, enclosures, lands, and moveable property which shall be held by them, and for procuring apparatus and text books for their School ; also, to rent, repair, furnish, warm, and keep in order a school-house 'at)d its appendages, if there be no suitable school-house belonging to such section, or if a second school-house be required. Fifthly. — To contract with and employ all Teachers for such school section, and determine the amount of their salaries ; and to establish, if they shall deem it expedient, by and with the consent of the local Superintendent of schools, both a female and .male school in such section, each of which shall be subject to the same regulations and obligations as common schools generally. Sixthly. — To give the Teacher or Teachers employed by them tbp necessjary order or orders upon the Local Superintetideqt fee the Schqp^ IS thus elected d for Trusteee I Act. as to the site of , school section pecial meeting in as arbitrator, erintendent, or of his inability tie matter, the Trustees of sr person, to be ihe duty of such ind safe keeping )ney8 belonging the Trustees ; to •ed for that pur- cted by rate-bill* , school section ; directed by the ient, a Collector I rates they have r school section, and to pay such ten per cent, on cting ; and every ■y to the Trustees, lant, signed by a \ or subscription, [lectors of County ind safe keeping jeen acquired or >d to acquire and land, moveable jrposes, until the [according to law, ring or receiving tnt vrith regard to and keeping m pd-house. privies, [be held by them, |r School ; also,4o ol-house atJd its [elonging to such p for such school [and to establish, Wnt of the local |e school in such regulations and led by them tbp lit fpi the SchQO^ i. COMMON SCHOOLS. Fnud apportioned and payable to their school section : Provided always, that the Trustees of any school section shall not uive such order iu behalf of any Teacher who does not, at the lime of giving such order, bold a legal certificate of qualification. Seventldy.-^To provide for the salaries of Teachers and all other expenses of theScnool, in such manner as may be desired by a majority of the freeholders or householders of such section, at the annual school ' meeting, or a special meeting called for that purpose, and to employ all lawful means, as provided for by this Act, to collect the sum or sums required for such salaries and other expenses ; and should the sums thus provided be insuflioient to defray all the expenses of such school, the Trustees shall have authority (o assess and cause to be collected any additional rate, in order to pav the balance of the Teacher's salary, and other expenses of such school. Eighthly. — To make out a list of the names of all persons rated by them for (he school purposes of such section, and the amount payable by each, and to annex to such list a Warrant directed to the Collector of the school section, for the collection of the several sums mentioned iu such list: Provided always, that any school-rate imposed by Trustees, according to this Act, may be made payable monthly, quarterly, half- yearly, or yearly, as they may think expedient. Ninthly. — To apply to the Municipality of the Township, or employ their own lawful authority, as they may judge expedient, for the raising and collecting of all sums authorized in the manner hereinbefore pro- vided, to be collected from the freeholders and householders of such section, by rale/ according to the valuation of taxable property, as expressed in the Assessor's or Collector's Roll ; and the Township Clerk or other officer having possession of such roll is hereby required to allow any one of the Trustees or their authorized Collector, to make a copy of such roll, as far as it shall relate to their school section. Tenthly.— To exempt wholly or in part, from the payment of school- rates, cuch indigent persons as they snail think proper, and the amount of the same shall be a charge upon the other rateable inhabitants of the school section, and shall not be deducted from the salary of a Teacher. EUventhly.—To sue for and recover by their name of office, the amounts of school-rates or subscriptions due from persons residing with- out the limhs of their school section, and making default of payment. Twelfthly. — To appoint the place of each annual school meetiujp;, and to cause notices to be posted in at least three public places of such section, at least six days before the time of holding such meeting; to call and give like notices of any special meeting of the freeholders or householders 'of such section, for the filling up of any vacancy in the Trustee Corporation, occasioned by death, removal, or any other cause whatever, or for the selection of a new school site, or for any other school purpose, as they may think proper ; to specify the object or objects of such meeting; which meeting shall be organized, and hs proceedings recorded in the same manner, as those of an annual school meeting ; and a copy of them, in like manner, shall be transmitted to the local Superintendent : Provided always, that in case of a vacancy in the ofRce of any of the Trustees, during the period for which they shall have been respectively elected, the person or persons chosen to fill such vacancy, shall hold ofhce only for the unexpired term. Ihirteenthly. — To permit all residents in such section between the ages of five and twenty-one years of age, to attend the school, so long as their conduct shall be agreeable to the rules of such school, and so long as the fees or rates required to be paid onlheir behalf, are duly dis- 193 Providing Ibr Mlarie* of Teaeheri and >ipeniiet of llM ■CliOOl. And (br deflcieneici. To ninke out a rnie-hill liat and Warrant. Proviio : sueii raie-bill tiow payable. To apply w the Township CuuB* cil for raUIng school oioneya. Duty of Town- ■hip Clerk. To exempt indi- sent pertoni. Teacher's salary not to be lesKD* ed. Toiuedefliuiiera. Tofiziheplaeeof the aebool oteet- ing. To call speetal meetings. Mode ofeohdoei- ing special meetings. t Proviso : ( To admit penniM to attend tbe school, on «oa4t'> tions. -v*-' r if 194 Eieeyilont. To visit itie MlMOl, lie. To Mte thai p^o- Iter buoka ure umU. To be perionnlly reipontible la ceriain eawi. To appoint ■ librarian and pro* vid« a library. Toaaearuin the number of chil- dren of achool age. To read the aciMol report. Proceeding if the account is not SHtisfactory to tlie majority of tlic meeting. To prepare and transmit tbe an- nual Kbool re- port. Contents of such report: time of keeping tbe school open. Amount of mon- eys received and expended. Muaberof -etailditn. COMMON SCHOOLS. ehar;;uil: ProviJcJ always, that this ruquiroment shall not extend to the ciiildruii of pursuns in whose behalf a Hepuratu school Mhull havo been etttublioheiJ, iicRording to the iiinetootilh section of this Act. Four tee nlhly. — To visit the school from time to time, and see that it i« conducted accoiding to the rjgulations authorized by law. Fiflcentldy.—'To see that no un-authorized books are used in the school, but that the pupils are duly supplied wilh an uniform series uf text books, sanctioned and recommended according to law ; and to procure annually, for the beneHt of their school section, some periodical devoted to education. Sixteenthly. — To exercise all the corporate powers vested in them by this Act, for the fulfillment of any contract or agreement made by them ; and in case any of the Truntees shall wilfully neglect or refuse to exer- cise such powers, he or they sliail bo personally responsible for tbo fulfilment of such contract or agreement. Seventeenthly. —To appoint a Librarian, and to take such steps as they may judge expedient, and as may be authorized according to law, for the estaSlishment, safe-keeping, and proper management of a school library, whenever provisi(>n flnall have been made and carried into efiect for the establishment of school libraries. Eighteenthly. — To ascertain the number of children between the asM of five and sixteen years residing in their section on the thirty-first day of December in each year ; and to cause to be prepared and read at the annual meeting of their section, their annual school report for the year then terminating, which report shall include, among other things prescribed by law, a full and detailed account of the receipts and expen- ditures of all school moneys received and expended in behalf of such section, for any purpose whatsoever, during such year; and if such account shall not be satisfactory to a majority of the freeholders or house- holders present at such meeting, then a majority of the said freeholders or householders shall appoint one person, and the Trustees shall appoint another ; and the two arbitrators thus appointed shall examine the said account, and their decision respecting it shall be final : or, if the two arbitrators thus appointed shall not be able to agree, they shall select a third, and the decision of the majority of the arbitrators so chosen shall be final ; and such arbitrators, or a majority of them, shall have autho- rity to collect, or cause to be collected, whatever sum or sum? may be awarded against any person or persons by them, in the same manner and under the same regulations as those according to which Trustees are authorized by the twelfth section of this Act to collect school-rates ; and the sum or sums thus collected shall be expended in the same manner as are other moneys for the common school purposes of such section. Nineteenthly. — To prepare and transmit, or cause to be prepared and transmitted annually, before the fifteenth day of January, a report to the Local Superintendent ; which report shall be signed by the majoritv of the Trustees, and made according to a form provided by the Chi^f Superintendent of Schools, and shall specify : Firstly. — The whole time the school in their section ''shall have been kept by a qualified Teacher during the year ending the thirty-first day of the previous December. Secondly. — ^The amount of moneys received from the school fund, from local rates or contributions, and from other sources, distinguishing the same; and the manner in which all such moneys have been expended. Thirdly. — The whole number of children residing in the school see- tiohj over the age of five years, and under the age of sixteen ; tho 11 not extend to jhool shall havo f this Act. and »eo that it U ised in the whool, rm aeries of text ; and to procure periodical devoted ested in them by nt mailo by them *, or refuse to exer- jsponsibie for tb« such steps as they ordingto law, for jinent of a school and carried into 1 between the age* the thirty-first day pared and read at »ool report for the morig other things receipts and expen- \n behalf of such year; and if such eeholJers or house- he said freeholders istees shall appoint , examine the said lal : or, if the two 1 they shall select a jors so chosen shall shall have autho- n or sums may be [the same manner which Trustees \llect school-rates ; ided in the same purposes of such be prepared and ary, a report to the fby the majority of (ded by the Chipf Ii 'shall have been le thirty-first day of J school fund, from Jistinguishing the [e been expended. in the school sec- of sixteen*, the COMMON SCUOOLS. number of chiliiron and young persons taught in the school in winter and summer, distinguishing the suxos, and those who are over and under sixteen years of age; the avurugu uttendunco of pupils in both winter and summer. Fourthly. — The branches of education taught in the school ; the num- ber of pupils in each brunch ; the text books used ; thenumberuf public school e.vuminatiuii.s, lectures and vifiits, and by whom, and such other 196 Aiiendaiicv of puplli. Avcrogs aiiind- aiiee. Oraiiebei UU|lil. information respecting the school premises and library, as may bo_ required iu the term ola report provided by the Chief Si ' ' ' Schools. Superintendent of Priialtjr lor ■ fnlM! report by s Trudve ; or falw rcgUieiorrituia.' Foreign books when only lo N uied. Parental and rcligioua rights. ProTiw. XIII. And be it enacted, That every Trustee of a Common School who shall knowingly sign a false report, and every Teacher of a Com- mon School m) ho shall keep a false school register, or make a false return, with the view of obtaining a larger sum than the just propoition of school moneys coming to such Common School, shall, for each oifenoe) forfeit to the Common School Fund of the Township, the sum of five pounds, and may be prosecuted before any such Justice of the Peace, by any person whatever, and convicted on the oath of any one credible witness other than the prosecutor, and if convicted, the said penalty shall, if not forthwith paid, be levied with costs, by distress and sale of the goods and chattels of the offender, under Warrant of such Justice, and paid over by him to the said Common School Fund, or the said offender shall be liable to be tried and punished for the misdemeanor. XIV. And be it enacted, That no foreign books in the English branches of Education shall be used in any Model or Common School, without the express permission ot the Council of Public Instruction; nor shall any pupil in any such School be required to read or study in or from any leliuious book, or join in any exercise of devotion or reli- cion which bhall be objected to by his or her parents or guardians : Provided always, that within this limitation, pupils shall be allowed to receive such religious instruction as their parents and guardians shall desire, according to the general regulations which shall be provided according to law. SXCONULV. — COMMON SCHOOL TEACHERS AND THEIR DUTIES. XV. And be it enacted, That no Teacher shall be deemed a quali- fied Teacher within the meaning of this Act, who shall not at the time of his engaging with the Trustees, and applying for payment from the School Fund, hold a certificate of qualification, as hereinafter provided by this Act ; Provided always, that certificates of oualificalion given by local Superintendents, shall be in force until the nrst of January, one thousand eight hundred and fifty-one. XVI. And be it enacted, That it shall be the duty of every Teacher of a Common School— Firstly. — To teach diligently and faithfully all the branches required to be taught in the School, according to the terms of his engagement with the Trustees, and according to the provisions of this Act. Secondly. — To keep the daily, weekly, and monthly or quarterly registers of the School ; to maintain proper order and discipline therein, according to the forms and regulations which shall be provided accord- ing to law ; also lo keep a Visitors' Book (which the Trustees shall eause to be provided for that purpose) and he shall enter therein the visit* made to his school, and shall present such book to each Visitor, and request him to make such remarks as may have been suggested by such visit. Viirdly.— To have, at the end of each quarter, a public examination ?"°'-t^'L»-. rf his school, of which he shall give due notice, through the pupils, to J;/;'""""'^ A quaUnrd Teacber (l«fliM>d. ProTito. DutiMof Teachers. To obMrve the law and agres- ineiit. Registers. DisciplkM. Visitors' boofei He Infbrmatioa to theBupariiMea- itoaM. To Mirer papert, 4te. ProTlao. Proieetioo of TeacbcM. Mode of KUliiig auy (li flfereiieoa lictween TruiieMiDd Teacbcrt. Dutiet of TowD- ■bipCouMilf. Levyiog a meat! (or aciiool pufpq»e4, MM ^tired hf TruMBet. AiMtaorlaiM l«aw Ibr Mtaool purpoaca. COMMON 6CH00L9. their parents and guardians, and the Trustees of the schoo^ and of which he shall also give due notice to any School Visitors who shall reside in or adjacent to such school section. Fourthly.— To furnish to the Local or Chief Superintendent of Schools when desired, any information which it may be in his power to give respecting any thing connected with the operations of hi» school, or in any wise affecting its interest or character. F\fthly. — To keep carefully, and at the time of his leaving a school, to deliver up to the order of the Trustees, the Registers and Visitors' Book, appertaining to the school : Provided always, that he shall, at all times, when desired by them, give Trustees or Visitors access to such Registers and Visitors' fiook. XVII. And be it enacted, That any Teacher shall be entitled to be paid at the same rate mentioned in his agreement with the Trustees, even after the expiiation of the period of his agreement, until the Trustees shall have paid him the whole of his salary, as Teacher of the school, according to their engagement with him : Provided always, that in case of any difference between Trustees and a Teacher in re- gard to his salary, the sum due to him, or any other matter in dispute between thorn, it shall be Jawful to submit such matter in dispute to arbitration, and each party shall choose one Arbitrator, and in case cither party in the fiist instance shall neglect or refuse to name and appoint an Arbitrator on his behalf, it shah be lawful for the party re- quiring such arbitration, by a notice in writing to be served upon- the party so neglecting or refusing to make such appointment, to require the opposite party within three clays, inclusive of the day of the service of such notice, to name.a^d appoint an Arbitrator on his behalf, which notice shall name the Arbitrator nf the party serving such notice ; and in case the party upon whom such notice is served shall pot, within the three days mentioned in such notice, name and appoint such arbitrator, then the party requiring such arbitration, shall ana may nominate and appoint the second arbitrator, and the two Arbitrators in either way chosen, and the Local Superintendent, or any person chosen by him to act on nis behalf, in case he cannot attend, or any two of them, shall have full authority to make an award between them, and such award shall be final: Provided always, that, so often as any such submission shall fall through, it shall be lawful to re-submit the matters in dispute until a final award shall be made between them. THIRDLY. — DUTIES OF TOWNSHIP COUNCIU. XVlil. And be it enacted. That it shall be the duty of the Munici- pality of each Township in Upper Canada : Firstly f-— To levy such sum, by assessment, upon the taxable proper- ty in any school section, for the purchase of a school-site, the erection, repairs, renting and furnishing of a school-house, the purchase of appa- ratus and text-books for the school, books for the library, salary of the Teacher, as shall be desired by the Trustees of such school-section, on behalf of the majority of the freeholders or house-holders at a publie meeting called for such purpose or purposes, as provided for by the twelfth section of this Act : Provided always, that such Municipality may, if it shall judge expedient, grant to the Trustees of any school section, on their application, authority to borrow any sum or sums of money which may be necessary for the purposes herein mentioned, iu respect to school-sites, schoo' houses and their appendages, or for the purchase or erection of a Teacher's residence, and cause to be levied upon the taxable property in such section, such sum in each year at snail bfr necessary for the payment of the interest thereoa, and aa •hall be Miffieient to pay off th8e,' unlesd it shall clearly appear that all parties affected by such alteration have been duly notified of such intended step or application : Provided thirdly, that the several parts of such united or altered school sections 'bhall have the same claim to a share of the Common School Fuad to which they would have been entitled,had they not been altered or united ; and provide;d fourthly, that any school-site, or school-house, or other school property which shall not be required in consequence of such alteration or union of school sections, shall be disposed of by sale or otherwise, in suoh a manner as a majority of the freeholders or householders in the altered or united sohooi sections shall think proper, at a public meeting called for that purpose, and the proceeds shall be applied to the erection of a new school-house, or other common school purposes of such united or altered sections ; except that the inhabitants transferred from one school section to another, shall be entitled, for the common school purposes of the section to which they are attached, to such a proportion of the proceeds of the disposal of such school-house or other common school property, as the assessed value of their property bears to that of the other inhabitants of the school section from which they shall have been separated: Provided fifthly, that union school sections consisting of parts of two or more Townships, may be formed and altered (under the conditions prescribed in this clause in respect to alterations of other school sections,) by the Reeves and Local Superin- tendent or Superintendents of the Townships otit of parts of which such sections are proposed to be formed, at a meetinc appointed for that pur- pose by any two of such Town Reeves ; of which meeting the other KMirtjror parties authorized to act with them shall be duly notified: Provided sixthly, that each union school section composed of portions of adjoining Townships, shall, for all purposes of Trustee elections and control, be deemed one school section, and shall be considered, in Altering and uniting Mbool Kctioni. FIrat raeeiing in a united aaetion. Alierationa in Mbool leetioni when to go into effect Fartiei eoncem- ed to be apprized. Privllegei of altered leetkina secured. Di^poial of pr«> perty. Union achoni ■ectioni how formed and altered. Proviw: ai to* ' parte of adjotalaf' Township. Copiei of certain proceedings to be furniilied. Separate schoola for Proieatanta, Soman Cattioliea and Coloured People. Manner of elect- ing Truateea for tlie same. And of appor- tioning school moneys. : 198 '^ COMMON scnooLs. ,. respect to superintendence and taxing for the erection of a school* house, as belonging to the Township in which the school-house may be situated. Fifthly. To cause the Cleik of such Township, to furnish the Local Superintendent of Schools with a copy of all the proceedings of such Council relating to the formation or alteration of school seciions, all school assessments, and other educational matters. XIX. And be it enacted, That it shall be the duty of the Municipal Council of any Township, and of the Board of School Trustees of any City, Town or incorporated Village, on the application in writing of twelve or more resident heads of families, to authorize the establishment of one or more separate schools for Protestants, Roman Catholics, or coloured people, and, in such case, it shall prescribe the limits of the divisions or sections for such schools, ami s\iall make the same provision for the holding of the first meeting tor the election of Trustees of each such separate school or schools, as is provided in the fourth section of this Act for holding the first school meeting in a new school section: Provided always, that each such separate school shall go into operation at the same time with alterations in school sections, and shall be under the same regulations in respect to the persons for whom such school is permitted to be established, as are Common Schools generally: Pro- vided secondly, that none but coloured people shall be allowed to vote for the election of Trustees of the separate school for their children, and none but the parties petitioning for the establishment of, or sending children to a separate Protestant or Roman Catholic School, shall vote at the election of Trustees of such school : Provided thirdly, that each such separate Protestant or Roman Catholic, or coloured school, shall be entitled to share in the school fund according to the average attendance of pupils attending each such separate school, (the mean attendance of pupils for both summer and winter being taken,) as compared with the whole average attendance of pupils attending the Common Schools in such City, Town, Village or Township : Provided fourthly, that no Protestant separate school shall be allowed in any school division except when the Teacher of the Common School is a Roman Catholic, nor shall any Roman Catholic separate school be allowed except when the Teacher of the Common School is a Protestant ; Provided fifthly, that the Trustees of the Common School sections within the limits of which such separate school section or sections shall have been formed, shall not include the children attending such separate school or schools, in their return of children of school age residing in their school sections. XX. And be it enacted. That whenever the majority of the resident householders of the several school sections of any Township, at public meetings called by Trustees for that purpose, shall desire to abolish local school section divisions, and have all their schools conducted under one system and one management, like the schools in Cities and Towns, the Municipality of such Township shall have authority to comply with their request thus expressed, by passing a By-law to that . - i . ^ . ^,- effect ; and all the Common Schools of such Township shall be managed . • by one Board of Trustees, one of whom shall be chosen in and for each ward of the Township, if the Township be divided into wards, and if not, then the whole number shall be chosen in and for the whole Township, and invested with the same powers, and subject to the same obligations, as are provided and required, in respect to Trustees in Cities and Towns, by the Twenty-fourth section of this Act. : KOURTHLY — COUNCILS AND TRUSTEES IN CITIES, TOWNS AND INCORPORATBD VILLAOKS, AND THEIR DUTIES. Powers of Muni^ . j^i^ _^nJ be it enacted, That the Council or Common Council of such Citi'es4tTownB!.Cit)' ;\ A Commits to uke the charge ofeacbiehool. To make an eitiinate of eipeniet. such meaaures as they shall judge expedient, in concurrence with the Trustees of the County Grammar School^ for uniting one or more of the Common SohooJA of the City or Town with such Grammar School. Fifthly. — To appoint annually, or oftener, if they shall judge expedient, for tne special charge, oversight, and management of each school within such City or Town, and under such regulations as they shall think proper io prescribe, a Committee of not more than three persons for each school. Sixthly, — To prepare from time to time, and lay before the Municipal Council of such City or Town, an estimate of the sum or sums which they shall judge expedient, for paying the whole or part of the salaries of Teachers,— for purchasing or renting school premises, — for buildins, renting, repairing, warming, furnishing and keeping in order t'ld school- houses and their appendages and grounds,^for procuring suitable apparatus and text-books for the schools,— for the establishment and maintainance of school libraries,— and for ail the necessarry expenses of tha schools under their charge ; and it shall be the duty of the Com- mon Council or Council of such City or Town, to provide such sum or sums in such manner as shall be desired by the said Board of School Trustees. Seventhly.'^To levy at their discretion, any rates upon the parents or guardians of children attending any school under their charge, and to employ the same means for collecting such rates, as Trustees of Common Schools in any Townships may do under the twelfth sectisn of this Act : Provided always, that all moneys thus collected shall be paid into the h^ds of the Chamberlain or Treasurer of such City or Town for the Common School purposes nf the same, and shall be subject to the order of the said Board of School Trustees. Eighlhly.-~To give orders to Teachers and other school oflicers and creditors upon the Chamberlain or Treasurer of such City or Town, for the sum or sums which shall be due them. Ninthly.— To call and give notice of annual and special school meet- ings of the taxable rihabitants of such City or Town, or of any Ward in it, in the same manner and under the same regulations as are prescribed in the twelfth section of this Act, for the appointment of annual and special school- meetings in the school sections of Townships ; Provided always, that any person elected at any special ward school meeting, to fill a vacancy which shall have occurred in the Board of Trustees, from any cause whatever, shall hold office only during the unexpired part of the term for which the person whose place shall have become vacant, was elected to serve. Tenthly.-^To see that alT the pupils in the schools are duly supplied with an uniform series of authorized text-books, — to appoint a Librarian, and take charge of the school library or libraiies, whenever esta- blished. Eleventhly, — To see that all the schools under their charge are con- ducted according to the regulations authorized by law ; and, at the close of each year, to prepare and publish in one or more of the public papers, or otherwise, for the information of the inhabitants of such City or Town, an annual report of their proceedings, and of the progress and state of the schools under their charge, — of the receipts and expenditure of all school moneys, — and to prepare and transmit annually, before the fifteenth of January, to the Chief Superintendent of Schools, a report, signed by a majority of the Trustees, and containing all the informa- tbe''chie78iipe^ *'°" required in the reports of Common School Trustees by the twelfth inteadeot. section of this Act, and any additional items of information which may Oontents of mch ^ lawfully required, and made according to a form which shall be pro- nvQit. rided for Ahat purpose by the Chief Superintendent of Schools. The Municipal Council to pro- vide for aueh eipenies. To le*y school rate bills. The sums thus collected to be paid over. To give orders for money lo Teachers, Ice To call school meetings. As to persona elected to fill vaeancies. Supplying proper teit-books, tu. Further duties. Annual school re(ioris, &e. 1 rence with the or more of the ar School, jdge expedient, ih school within ley shall think ree persons for e the Municipal or sums which t of the salaries I,— for buildinff, order tiieschool- icuring suitable tablishment and Bssarry expenses luty ofthe Com- ' de such sum or Board of School jpon the parents leir charge, and I, as Trustees of e twelfth section ollected shall be of such City or id shall be subject iiool officers and Cily or Town, for cial school meet- r of any Ward in . as are prescribed It of annual and nships; Provided cbool meeting, to of Trustees, from unexpired part of become vacant, re duly supplied point a Librarian, whenever esta- charge are con- and, at the close he public papers, lich City or Town, ess and state of ipenditure of all |ially, before the uhools, a report, _ all the informa- Is by the twelfth ption which may [ich shall be pro- chools. DUTIES OF COUNTY COUNCILS. XXV. And be enacted. That the Municipality of every incorporated Yillase, shall possess ana exercise all the powers, and be subjeci. to all the obligations with regard to the levying and raising of moneys for Common School purposes, and for the establishment and maintainance of school libraries, within the limits of such incorporated Villbge, as are conferred and imposed by this Act upoq the Municipal Corporations of Cities: Provided always, that on the second Wednesday in January, one thousand eight hundred and fifty-one, in each such incorporated Village, at the place of the then laist annual election of Councillors, there shall be a meeting of the taxable inhabitants of such incorporated Village, and which meeting shall be organized and conducted in the same manner as is prescribed in the twenty-third section of this Act, for the conducting of annual school meetings in the wards of Cities ana Towns ; and at such meeting, six fit and proper persons, from among the resident house-holders, shall be elected School Trustees for such incorporated Village ; and the persons thus chosen shall be divided by lot into three classes, of two individnals each, to be numbered one,twO) three'; the first class shall hold ofiice one year, — the second, two years, and the third, three years, and until their successors are elected; but each Trustee retiring from ofiice shall be eligible to be re-elected with his own consent ; Provided secondly, that there shall be a like school meeting annually in each such incorporated Village, at whioh two per- sons shall be chosen Trustees in the place of the two retiring from omce, and shall continue in office two years, and until their successors are elected : Provided thirdly, that the first annual school meeting in each incorporated Village, shall be called hy the Townreeve of such Village, who shall cause notices to be posted in at least six public places of such Village, at least six days before the time of holding such meeting. XXVI. And be it enacted, That the Trustees elected in each incor- porated Village, according to the provisions of the preceding section, shall succeed to all the rights, powers, obligations and liabilities of the present Trustees of such incorporated Village, and shall be a Corpora- tion under the title of the ** Board of Trustees of the Incorporated Village of , in the County of ;" and shall possess all the powers, and be subject to all the obligations, within the limits of §uoh incorporated Village, as are conferred and imposed by the twenty-fourth section of this Act upon the Trustees of Cities and Towns. FIFTHLY. — DUTIES OF COUNTY MUNICIPAL COUNCILS. XXVII. And be it enacted. That it shall be the duty of the Municipal Council of each County— Firstly.— To cause to be levied each year upon the several Townships of such County, such sum or sums of money, for the payment of the salaries of legally qualified Common School Teachers, as shall at least be equal (clear of all charges of collection) to the amount of school money apportioned to the several Townships thereof for such year, by the Chief Superintendent of Schools, as notified by him to such Council, through the County Clerk : Provided always, that the sum or sums so levied may be increased at the discretion of such Council, either to increase the County School Fund, or to give special or additional aid to new or needy School Sections, on the recommendation of one or more Local Superintendents : Provided also, thatthe sum required to be levied in such County in each year, for the salaries of legally qualified Teach- ers, shall be collected and paid into the hands of the County Treasurer, on or before the Fourteenth day of December ; and provided likewise, that in case of the non-payment of any part of such sum into the hands of the County Treasurer at that time, no Teacher shall, upon applica- tion, be refused the payment of the sum to which he may be entitled 201 Powen of Ooun- cili of incorpoi- ated VillagM. ' Tint election of TruiteM. How held and conducted. Six Tniateea to lie elected. Modeofrelire- meat from Office. Two Traitees to be elected thete- after. Mode of calling the flni iMftijig. It. Traitees than substituted fbrthe present Trustees, To be a Corpor- ation. Their powers, obligations' and duties. Duties of County Councils. To raise a sum equal to the Leg- islative school grant. Such sum may be increased. vO Time for pay- ment of County school assess- ment. j h\ 202 No Teacher to be reAued (he pay- ment on aeeouut of the non-collec- tion ofaiaeu- ment. To ralK money for Khool library. To appoint local Superintendent!. No local Super- intendent to have charge of more than 100 icboola, Itc. To lecure all ■chool moneyii Slc. i^f,.: ,•.:..!, No deduction allowed. May appoint a sub-treaiurer. To cause school accounts to be audited, &c. Abstract of such accounts to be transmitted, Itc. County Board of Public Instruc- tion constituted. Quorum for the examination of Teachers : and for other pur- poses. Incidental ex- pences hot^ defrayed. U >. 1 1 COMMON SCHOOLS. '. • 1 """'^ from luch year's County School Fund, but the County Treasurer shall pay any local Superintendent's lawful order in behalf of such Teacher, in anticipation of the payment of the County School assessment ; ana the County Council shall make the necessary provision to enable the County Treasurer to pay the amount of such lawful order. Secondly. — To raise by assessment such sum or sums of money as it shall judge expedient, for the establishment and maintenance of a County Common School Library. • Thirdly. — To appoint annually a Local Superintendent of Schools for the whole County, or for any one or more Townships in such County, as it shall judge expedient ; to fix (within the limits prescribed by the thirtieth section of this Act) and provide for the salary or salaries of such Local Superintendent or Superintendents : Provided always, that no such Local Superintendent shall have the oversight of more than one hundred schools ; and provided also, that the County Clerk shall forth- with notify the Chief Superintendent of Schools of the appointment and address oi each such Local Superintendent, and of the County Trea- surer ; and shall likewise furnish him with a copy of all proceedings of such Council, relating to School assessments and other educational matters. Fourthly. — To see that sufficient security be given by all officers of such Council to whom school moneys shall be entrusted,— to see that no deduction be made from the School Fund by the County Treasurer or Sub-treasurer, for the receipt and payment of school moneys, — to appoint, if it shall judge expedient, one or more Sub-treasurers of school iHoneys, for one or more Townships of such County : Provided always, that each such Sub-treasurer shall be subject to the same responsibilities and obligations in respect to the accounting for school moneys and the payment of lawful orders for such moneys given by any Local Superin- tendent within the parts of the County for which he is appointed Sub- treasurer, as are imposed by this Act upon each County Treasurer^ in respect to paying and accounting for school moneys. , ,. Fifthly. — To appoint annually, or oftener, Auditors, whose duty it shall be to audit the accounts of the County Treasurer and other officers to whom school moneys shall have been intrusted, and report to such Council ; and the County Clerk shall transmit to the Chief Superinten- dent of Schools, on or before the first day of March in each year, a certified cdpy of the abstract of such report, and also give any explana- tion relating thereto, as far as he is able, which may be required by the Chief Superintendent. SIXTHLY — CONSTITUTION AND DUTIES OF THE COUNTY BOARDS OF PUBLIC INSTRUCTION. XXVin. And be it enacted, That the Board of Trustees for the County Grammar School and the Local Superintendent or Superinten- dents of Schools in each County, shall constitute a Board of Public Instruction for such County : Provided always, that where there is more than one Grammar School in a County, the County Council shall have authority to divide such County into as many Circuits as there are County Grammar Schools, and the Trustees of each County Grammar School and the Local Superintendent or Superintendents of Schools in each circuit, shall be a Board of Public Instruction for stK>h circuit : Provided also, that at any lawful meeting of such'Board, not less than three mem- bers, including a Local Superintendent of Schools, shall constitute a miorvm for examining and giving certificates of quaHfication to Common School. Teachers, and not less tnan five members shall constitute a mior^m for the transaction of any other business : Provided likewise, toat the iaci4ental expenses conoeotod with the meeting and proceeds I #■ Treasurer shall >f such Teacher. Bsessment ; ana 1 to enable the Br. of money as it lintenanoe of a t of Schools for such County, as jscribed by the y or salaries of 9(1 alwavs, that }f more than one lerk shall forth- ippointraent and 9 County Trea- all proceedings ;her educational y all officers of sd,— to see that ounty Treasurer ool moneys, — to tasurers of school 'rovided always, e responsibilities roneys and the Local Supeiin- appointed Sub- y Treasurer, in whose duty it id other officers d report to such lief Superinten- n each year, a ire any explana- be required by :y boards of rustees for the or Superinten- oard of Public >re there is more ncil shall have there are County rammar School chools in each reuit : Prorided lan three mem- all constitute a tion to Common 11 constitute a ided likewise, and pcoceedf- 8»A COUNTY BOARDS AND SUPERINTENDENTS. ings of each County Board of Public Instruction, shall be provided for by the Municipal Council of such County. XXIX. And be it enacted, That it shall be the duty of each County Board of Public Instruction— Firstly. — To meet not less than four times a year, — to determine the time and places of its own meetings, — and the order of its proceedings, aud the manner of recording them. Secondly. — To examine, and give certificates of qualification to Teachers of Common Schools, arransin^ such Teachers iniolhree classes according to their attainments and ability, as shall be prescribed in a f>rogramme of examination and instructions lo be provided according tu aw; also, to annul any such c«rtificate as it shall judge expedient: Provided always, that no certificate of qualification shall be given to any person as a Teacher, who shall not lurnish satisfactory proof of good moral character ;' nor to any person who shall not, at the time of applying for suchcertificate of qualification, be a natural-born or naturalized subject of Her Majesty, or who shall not produce a certificate of having taken the oath of allegiance to Her Maje8ty,beforesomeoneofHerMajesly'sJustices of the Peace for the County in which he shall be a resident ; and all Justices of the Peace are hereby authorized to administer such oath of allegiance : Provided also, that any such certi5cate of qualification shall be general, as regards the County, or limited as to time or place, at the pleasure of the majority of the members of the County Board of Public Instruction present at such examination : Provided likewise, that every such certificate shall have the signature of at least one Local Superin- tendent of Schools. Thirdly. — To select (if deemed expedient) from a list ^f text-books recommended or authorized by the Council of Public Instruction, such books as they shall think best adapted for use in the Common Schools of such County or Circuit, and to ascertain and recommend the best facilities for procuring such books. Fourthly. — To adopt all such lawful means in their power as they shall judge expedient, to advance the interests and usefulness of Com- mon Schools, to promote the establishment of School Libraries, and to diffuse useful knowledge in such County or Circuit. SEVENTHLY— DUTIES OF LOCAL SUPERINTENDENTS OF SCHOOLS. XXX. And be it enacted, That each Local Superintendent of 'Common Schools, appointed as provided for in the twenty-seventh section of this Act) shall be entitled annually, to not less that one pound currency per School placed under his charg#, together with any additional remuner- ation or allowance which the Council appointing him shall grant ; and such Superintendent shall be paid the same in quarterly instalments by the County Treasurer. XXXI. And be it enacted. That it shall be the duty of each Local Superintendent of Schools — First — As soon as he shall have received from the County Clerk a notifi- cation of the amount of money apportioned to the Township or Townships within the limits of his charge, to apportion the same among the several School sections entitled to receive it, (unless otherwise instructed by the Chief Superintendent of Schools) according to the rates of the average attendance of pupils attending each Common School, (the mean attend- ance of pupils for both summer and winter being taken) as compared with the whole average number of pupils attending the Common Schools of such Township. Secondly.— To give to any qualified Teacher, and to no other, on the order of the Trustees of any School section, a Check upon the County 203 Duciei of each County Board. To meet quarter- ly, &e. Tu eiamine and Rive certiflcatat orqualiflcatloa to Teachera. Proviso. Froviao: certifi- cate may be gen- eral or limited. Proviso : must be signed. To select texi- booics, dtc. % To provide for a County School library : and pro- mote interests of sciwols. Remuneration, &c. To be paid quar- terly. Duties. To distribute the common school fund. To give checks to Teachers for Mhool moneys. !l 204 Condition!. i 't'>\i ifl,,!.. Conditloni not to apply to new ■cliool KCtiOOI. To Tiait each ■ebool. Putieaat lucb viaiiationi. To deliver public leeturei. Topiet. Other dutief. To enforce the law. To recommend tlie uie of teit- booki, tte. To attend the meetings of the county Board of Initruetion, tic. To attend arbi- tration!. To decide other questions. Or refer them to the Cliief Super- intenUeat. Proviso: tot appeal. To suspend cer- tifientes of Qialiflcation in certain cases. Effect of such cancelling. To observe all lawful regula- tions, Ice., give information to Chief Suiwrin- tendent, and accounts, &e., to auditors. r-.T COMMON SCHOOLS. Treaauier or sub-TreaBiirer, for any sum or sums of money apportioned and due to such section : Provided always, that he shall not pay aoy such order of the Trustees of any school section, from whom no satifao- tory annual school report shall have been received for the year endine the last day of December preceding ; nor unless it shall appear by such report, that a School has been kept by a qualified Teacher in such see tion, for at least six months during the year ending at the date of such report ; Provided also, that the foregoing condition shall not apply to the order or orders of Trustees in any new School section, for money appor- ioned and cftie to such section. Thirdly. — 'I'o visit each Common School within his jurisdiction, at least once in each quarter ; and at the time of each such visit, 1o exa- mine into the state and condition of the>School, as respects the progress of the papUa in learning, — the order and discipline observed, — the sya- tem of instruction persued, — the mode of keeping the School HegisterSy ^— the average attendance of pupils, the character and condition of the building and premises, — and to give such aJyice as he shall judge proper. Fourthly. — To deliver in each school section, at least once a year, a public lecture on some subject connected with the objects, principles and means of practical education ; and to do all in his power to persuade and animate Parents, Guardians, Trustees and Teachers, to improve the character and efficiency of the Common Schools, and secure the universal and sound education of the young. Fifthly. — To see that all the schools are managed and conducted according to law, — to prevent the use of unauthorized, and to recommend the use of authorized books in each school, — to acquire and give infor- mation as to the manner in which such authorized books can be obtained, and the economy and advantages of using them. Sixthly. — To attend the meetings of thiB County Board of Public Instruction, — to meet and confer with the Chief Superintendent of Schools at such time nnd place as he may appoint when making an official visit to such County, for the promotion of the interests of Edu- cation. Seventhly. — To attend the Arbitrations, and to meet the Townreeves as provided for in the twelfth and eighteenth sections of this Act,— to decide upon any other questions of difference which may arise between interested parties under the operation of this or any preceding Act, and which may be submitted to him ; Provided always, that he may, if h© shall deem it advisable, refer any such question to the Chief Superin- tendent of Schools : Provided also, tha^ any aggrieved or dissatisfied party, in any case not otherwise provided for by this Act, shall have the right of appeal to the Chief Superintendent of Schools. Eighthly. — To suspend the certificate of qualification of any Teacher, for any cause which shall appear to him to require it, until the next ensuing meeting of the County Board of Public Instruction, where the case shall be disposed of in such manner as a majority of the members present shall think proper : Provided always, that due notice shall be (riven to the Teacher suspended, of such meeting of the County Board : Provided also, that the cancelling or suspension of a Teacher's certificate of qualification shall release his School Trustees from any obligation to continue him in their employment. Ninthly. — To act in accordance with the regulations and instructions which shall be provided according to law, — to give any information in his power (when desired) to the Chief Superintendent of Schools respecting any Common School matter within his jurisdiction, — to fur- nish the County Auditors, when required, with the Trustees' orders as m VISITOk^ AND THEIR DUTIES. 200 3y apportioned 1 not pay any om no satifac- year ending apjiear by aucU !r in such sec e date of such lot apply to the money appor- jurisdiction, at 1 visit, to exa- its the progress ved,— the syi- hool Registers, ondition of the he shall judge once a year, a !cts, principles wer to persuade I to improve the re the universal and conducted d to recommend and give infor- pan be obtained, [>ard of Public perintendent of en makin;; an terests of £du- he Townreeves if this Act,— to r arise between iding Act, and he may, if he hief Superin- or dissatisfied shall have the any Teacher, luntil the next fon, where the the members lotice shall be bounty Board : Ur's certificate obligation to kd instructions information in Int of Schools 3tion,-- to fnr- liees' orders as the authority for his Checks upon the County or Sub-Treasurer for School moneys, — to deliver copies of his official correspondence, and all school papers in his custody, to the order of the County Council on retiring from office. Tenthiy. — To prepare and transmit to the Chief Superintendent of Schools, on or before the first day of March, an annual report, which shall be in sunh form as shall be provided by the said Chief Superin- tendent, and which shall state : 1st. — The whole number of Schools and School sections or parts of sections in each Township within his jurisdiction. 2nd.— The number of pupils taught in each school over the age of five and under the age of sixteen, — the number between the ages of sixteen and twenty-one years, — the whole nurr her of children residing in each section, or part of a section, over the age of five and under the age of sixteen years. 3rd. — The length of time a school shall have been kept in each of such sections ur parts of sections, by a qualified Teacher, — the branches taught, — the number of pupils in each branch, and the books used, — the average attendance of pupils, both male and female, in summer and in winter. 4th.— The amount of moneys which have been received and col- lected in each section or part of section — distinguishing the amount apportioned by the Chief Superintendent of Schools, the amount re- ceived from County Assessment, the amount raised by Trustees, and the amount from any other and what source or sources ; also how such monevs have been expended, or whether any part remains unexpended, and from what causes; the annual salary of Teachers, male and female, with and without board. 6th. — The number of his and other School visits during the year,— the number of school lectures delivered,— the whole number of school- housus) their sizes, character, furnhure and appendages, the number rented, the number erected during the year, and of what character, and by what means. 6th. — The number of qualified Teachers, — their standing, sex, and religious persuasion,— 'the number, so far as he may be able to ascer- tain, of private Schools, — the number of pupils and subjects taught therein, — the number of Libraries, their extent, Ijow established and supported ; also, any other information which he may possess respecting the educational state, wants and advantages in each Township of his charge, and any suggestions which he shall think proper to make with a view to the improvement of Schools and diffusion of useful know- ledge. EIGHTHLY.- SCHOOL VISITORS AND THEIR DUTIES. XXXII. And be it enacted. That all Clergymen recognized by law, of whatever denomination, Judges, Members of the Legislature, Magis- trates, Members of County Councils and Aldermen, shall be School Visitors in the Townships, Cities, Towns and Villages where they shall respectively reside : Provided always, that persons holding the Com- mission of the Peace for the County only, shall not be School Visitors within Towns and Cities : Provided also, that each Clergyman shall be a School Visitor in any Township, Town or City where he may have pastoial charge. •XXXIII. And be it enacted, That it shall be lawful for each of the said School Visitors, to visit, as far as practicable, all the Public Schools in such Township, City, Town or Village ; especially to attend the quarterly examinations of Schools, and, at the time of any such visit, to examine the progress of the pupils, and the state and management of the School, and to give such advice to the Teachers and pupils, and any To tranimit an annual Mbool rcpcltt. Content! of Mdi report. Number of ■chooli and of chiltlren of ichool age. tte. Ttme of keeping the Kbooli open : branetiaa taught. Book! uied, Jfcc The amount of uioneyt received and eipended, &e. . HV.'Wi4 ' The number of ■chool vliita and leeturei. bficboollioniet. OfTeaeberif&e. Of private Bchooli, librariea &c. Who shall be ■chool viaiton.. ProTiio : ai to Countjr Magia* tratea. School Tiaitora may viiit tbe schools, aVrM examinaticvi-v of each selKwIflw* a 206 Proviio I general raMilnge may b« called. Uutiei and 6b- Jeeu or«ucli luMtingi. • il COMMON SCHOOLS. ^^ ;;w« ';* 1 I Chief Superin- tendent of iCllOOll. Iliiialary. "•»!•.• To account for the contingent eipeniee of bii Office. To be allowed two clerk! ; their ■alaries. Dutiee. To apportion all inoneyi granted for the support of common lehooli. I To certify luch apportionment to the Inspector General, &e. To pre|)are forms &€., and trans- mit tliem to local Otiicers. To cause copies of school law, regulations, ttc, to be diiuibuted. Others present, as he may think advinable, in accordance with the regulations ana instructions which shall be provided in regard to School Visitors according to law : Provided always, that a General Meeting of such Visitors may be held at any time or place which may be appointed by any two Visitors, on sufiicietit notice being given to the other Visitors in the Township, Citv. Town or Village, and it shall be lawful for such Visitors, thus assemoled, to devise such means as they may deem expedient for the efficient visitation of the Schools, and to promote the establishment of Libraries and the ditfusion of useful knowledge. NINTHLY.— DUTIES OF THE CHIEF SUPERINTENDENT OF SCHOOLS. XXXIV. And be it enacted. That the Governor may, from time to time, by Letters Patent under the Great Seal of the Province, appoint a fit and proper person to be Chief Superintendent of Schools for Upper Canada, who shall hold his office during pleasure, and shall receive a salary of the same amount as that now provided by law, or as may hereafter be provided by law, for the Superintendent of Education in Lower Canada; and shall be responsible to, and cubject to the direction of the Governor General, communicated to him through such Depaitment of Her Majesty's Provincial Government, as by the Governor maybe directed in that behalf; and shall account for the contingent expenses of his office, as provided in respect of other public offices; and shall be allowed two Clerks, who shall receive the same salaries as are or shall be by law attached to similar offices in the education law for Lovyer Cana facts upon which d equitably made. •y. , him to the In- Counties, Cities, id to give imme- City, Town and imount of moneys uch County, City, ch instructions as reports, and con- le same with such Council of PuMio nent of Common ecute the provi- ^, in a convenient krms, iostniotionsi !#:' m CHIEF SUPERINTENDENT. Mid regulations to be observed in executing its provisions, as he may deem sufficient for the information of all officers of Common Schools, •ad to cauae the same to be distributed for that purpose. Fifthly. — To see that all moneys apportioned by him, be applied to the objects for which they were granted ; and for th{it purpose, to decide upon all matters and complaints submitted to him (and not otherwise provided for by this Act) which involve the expenditure of any part of the School Fund ; and to direct the application of such balances of the School Fund as may have been apportioned foi any vear and forfeited according to the provisions of this Act : Provided always, that such balance of the School Fund shall be expended in making up the salaries of Teachers in the County to which they shall have been apportioned. Sixthly. — To appoint ">* of his Clerks as his Deputy, to perform the duties of his office in ch^ of his absence ; and to appoint one or more persons, as he shall^ from tune to time, deem necessary, to inspect anv school, or examine into any school matter, in the County where Huch person or persons reside, and report to him : Provided, that no allow- ance or compensation shall be made to such special inspector or inspectors for any service or services performed by him or them. ■Seventhly. -^To take the general Superintendence of the Normal School ; and to use his best endeavours to provide for and recommend the use of uniform and approved text^books in the Schools generally. Eighthly. — To employ all lawful means in his power to procure and promote the establishment of School Libraries for general reading, in the several Counties, Townships, Cities, Towns and Villages, — to pro- vide and recommend the adoption of suitable plans of School-houses, with the proper furniture and appendages,— and to collect and diffuse useful iniormation on the subject of education generally, among the people of Upper Canada. Niothly. — To submit to the Council of Public Instruction, all books or manuscripts which may be placed in his hands with the view of obtaining the recommendation or sanction of such Council, for their introduction as text-books or library books,.— and to prepare and lay before the Council of Public Instruction, for its consideration, such gen- eral regulations for the organization and government of Common Schools, and the management of School Libraries, as he shall deem necessary and proper. Tenthly. — To apportion whatever sum or sums of money shall be Erovided by the Legislature for the establishment and support of School libraries: Provided also, that no aid shall be given towards the esta- blishment or support of any School Library unless an equal amount be contributed and expended from local sources for the same object. Eleventhly. — To appoint proper persons to conduct County Teachers' Institutes, and to furnish such rules and instructions as he shall judge ad- visable in regard to the proceedings of such Instil utes, and the best means of promoting their objects, in elevating the profession of school teaching and increasing its usefulness. Twelfthly.— To be responsible for all moneys paid through him in behalf of the Normal and Model Schools, and to give such security for the same as shall be required by the Governor, — and to prepare and transmit all correspondence which shall be directed or authorized by the Council of Public Instruction for Upper Canada. ; ",: [ ; ,,, ThirteenlMy.—To make annually to the Governor, on or before the first day of July, a report of the actual state of the Normal, Model and Common Schools throughout Upper Canada, "showing the amount of moneys expended in connection with each, and from what sources 207 To we ihn( •ciiool liioiieyi ate duly applied. « I ■ \t' DlipoiKl of ha- iHiieptof •uch iiioneyi, Itc. in certain caici. To appoint a Deputy and Spe- cial Inipecior*. Putiei at to the Normal kIiooI : and text-bcoka. School llbrariei. rinni of ichool housei, 4tc. To iiilk)« lencned. Moneyi appor- tlbned waea be payable. y\ 210 COMMON SCHOOLS. -' ::i'!: Illr Certifieaiei of qualirication lor U. C. may be granted lo TeAoliert under ecfinin circuiii- stariceii. ProviM. Pro»lro : Pro- ceedingri if nny Secretary-Trea- surer ihall wrongfully hold over money, chattels, Ice. Provito. SalariMofSaper- iniendenci, sc>, how paid. Puniihinent of perKMia diiturb- amount claimed, by the party or parties entitled lo receive such sum cr sums, or at the suit of the Crown. XLIV. And be it enacted, That it may and shall be lawful for the Chief Superintendent of Schools, on the recommendation ef the Teachers in the Normal School, to give to any Teacher of Common Schools a certificate of qualification which shall be valid in any part of Upper Canada, until revoked according to Law ; Provided always, that no such certificate shall be given to any person who shall not have been a student in the Normal School ; Provicfed always, that if any Secretary- Treasurer appointed by the School Trustees of any school division, or any person having been such Secretary-Treasurer, and having in his possession any books, papers, chattels, or moneys, which shall have come into his possession, as such Secretary-Treasurer, shall wrongfully withhold or refuse to deliver up, or to account for and pay over the same or any part thereof to such person, and in such manner as he may have been lawfully directed by any majority of the School Trustees for such School division then in office, such withholding or refusal shall be a misdemeanor ; and upon the application of the majority of such Trus- tees, supported by affidavit of such wrorgful withholding or refusal made by them before some Justice of the Peace, to the Judge of the County Court, such Judge shall thereupon make an order that such Secretary-Treasurer or person having been such, do appear before such Judge at a time and place to be appointed in such order, which shall, by a Bailiff of any Division Court, be personally served on the party complained against, or left v^ith a grown-up person at his residence, and at the time and place so appointed, the Judge being satisfied that such service has been made, shall, in a summary manner, and whether the party complained of door do not appear, hear the complaint ; and if he shall be of opinion that the complaint is well founded, he'shall order the party complained of to deliver up, account for and pay over the books, papers, chattels or moneys as aforesaid by a certain day to be named oy the Judge in such order, together with reasonable costs incurred in making such application, as the Judge may tax, and in the event of a non-compliance with the terms specified in the said order or any or either of them, then to order the said party to be forthwith arrested by the Sheriff of any County in which such party shall be found, and be by him committed to the Common Gaol of his County, there to remain without bail or mainprize until such Judge shall be satisfied that such party has delivered up, accounted for or paid over the books, papers, chattels or moneys in question in the manner directed by the majority of the Trustees as aforesaid, upon proof of his having done which, such Judge shall make an order for his discharge, and he shall be discharged accordingly ; Provided always, that no proceeding under this proviso shall be construed to impair or affect any other remedy which the said Trustees may have against such Secretary-Treasurer, or person having been such, or his sureties. XLV. And be it enacted. That no part of the salaries of the Chief or Local Superintendent of Schools, nor of any other persons employed, or expenses incurred, in the execution of this Act, shall be paid out of the Common School Fund, which shall, wholly and without diminution, be expended in the payment Oi Teachers' salaries as hereinbefore provided. XLVL And be it enacted, That any person who sRall wilfully dis- turb, interrupt, or disquiet the proceeaings of any school meeting authorized to be held by this Act, or any school established and con- ducted under its authority, shall, for each offence, forfeit, for Common School purposes, lo the School Section, City, Town or Village, within the limits of which such offence shall have been committed, a sum not exceeding five pounds, and may be prosecuted before any Justice qf I hit jceive such sum or I be lawful for the ion ©f the Teachers Common Schools a any part of Upper d always, that no ill not have been a it if any Secretary- school division, or and having in his which shall have sr, shall wrongfully I pay over the same ler as he may have )1 Trustees for such refusal shall be a ority of such Trus- aholding or refusal ;o the Judge of the an order that such appear before such order, which shall; served on the party jn at hi« residence, being satisfied that lanner, and whether 3omplaint ; and if he d, he*8hall order the pay over the books, n day to be named e costs incurred in d in the event of a lid order or any or irthwith arrested by )e found, and be by ty, there to remain satisfied that such the books, papers, ted by the majority g done which, such shall be dischfirged under this proviso edy which the said r, or person having ries of the Chief or jrsons employed, or be paid out of the ^oul diminution, be feinbefore provided. IsBall wilfully dis- hy school meeting [tablished and con- lorfeit, for Common ]or Village, within imitted, a sura not lore any Justice qf legislative; grant. the Peace, by any person whatever, and convicted on the oath of one credible witness other than the prosecutor, and if convicted, the said penalty shall, if not forthwith paid, be levied with costs by distress and sale of the goods and chattels of the offender, under a Warraqt of such Justice, and paid over by him to the School-Treasurer of such Section, Citv, Town or Village ; or the said offender shall be liable to be indicted and punished for the same as a misdemei Sr. XL VII. And be it enacted. That the first election of Trustees in all the Cities and Towns of Upper Canada, as provided for in the twenty- second section of this Act, shall commence at ten of the clock in the forenoon of the first Tuesday in September, one thousand eight hundred and fifty, and that the places of election in the several Wards of each City or Town, together with the name of the Returning Officer for each such Ward, shall be duly notified, by causing notices to be put up in at least three public places in each such Ward, and not less than six days before such election, by the Mayor of each City and Town respec- tively : Provided always, that the School Trustees then elected in each City and Town, shall be subject to all the obligations which have been contracted by the present School Trustees of such City or Town ; and shall be invested with all the powers conferred by this Act on School Trustees of Cities and Towns for the fulfilment of such obligations, and for the performance of all other duties imposed by this Act; and the word '* County" shall- include Unions of Counties for Municipal purposes. XLVIII. And be it enacted, That the Interpretation Act shall apply to this Act ; that the vro.d " Teacher," shall include female as well as mala teachers ; thai the word " Townships" shall include Unions of Townships made for Municipal purposes. ACT 12 VIC. CAP. 200. ■An Act to raise an Income of One Hundred ITiousand Pounds out of the Public Lands of Canada, for Common School Education. [Royal Assent promulgated by Message to the Legislature, 27th May, 1850.] WHEREAS it is desirable that an annual sum of one hundred thousand pounds should be raised from the Public Lands of this Province, for the maintenance and support of Common Schools therein, and that so much of the first moneys to be raised by the sale of such Lands as shall b*» sufficient to create a Capital which shall produce the said annual sum of one hundred thousand pounds at the rate of six per eent. per annum, should be set apart for that purpose : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the ad- vice and consent, &c., That all moneys that shall arise from the sale of any of the Public Lands of the Province, shall be set apart for the pur- pose of creating a capital which shall be sufficient to produce a clear sum of one hundred thousand pounds per annum, which said Capital and the Income to be derived therefrom shall form a public fund to be ealled the Common School Fund. ,' II. Arid be it enacted. That the Capital of the said Fund shall from time to time be invested in the Debentures of any Public Company or Companies in the Province, which may have been incorporated by an Act of the Legislature, for the construction of Works of a public nature, and which said Company or Companies shall have subscribed their 1X1 Temporary pro- vUioiii for bold* ing ibe flrit electioni Id CiOet and Towns. 1* ')..«'» Interpretatioa - clauae. '" Preamble' All moneyi nriting from the Sale of any Public Lanila appropriated to form a Scbool Fund, until they amount to a certain ium. .,11, .,1 ;^.». J. It How ioch mo- ney! iball be inretted. S Stock of Pohlte Companic*. 212 Provincial DcbenturM. To whii pur- poM* only •ueh raoneyt tnall be ' applied- One Million of Acre* to be eet apart for the pur- poMi of forming the Mid Fund. ProvlM ! certain charges to be first paid. VI GRAMMAR SCHOOLS. Preient Annual Grant for SchooU to ceate wlien the said Fund shall produce JC30.U00 a year. Proviso. Im the mean time the income of the aaid Fund to be applied towards paying the said Annual Grant. Proviso: if the ■aid Fund pro- duce lesa than jesO,000 in any year, tt(e deffi- eiency shall be made up, pro umftn. whole Capital Stocky paid up one half of such Stock and completed oha half of such Work or Works, or in the Public Debentures ot this Pro* Tince, for the purpose of creating such Annual Inconne ; which said Fund and the incdine thereof shall not be alienated for any other pur- pose vrhatever, but shall be and remain a perpetual Fund for the sup- port of Common Schools, and the establishment of Township and Parish Libraries. II L And be it enacted, That the Commissioner of Crown Land under the direction of the Governor in Council, shall set apart and appropriate one million of Acres of such Public Lands, in such part or parts of the Province as he may deem expedient, and dispose thereof on such terms and conditions as may by the Governor in Council be approved, and the money arising from the sale thereof shall be invested and applied towards creating the said Common School Fund : Provided always, that before any appropriation of the moneys arising from the sale of such Lands shall be made, all charaes thereon for the manage- ment oi: sale thereof, together with all Indian annuities charged upon and payable thereout, shall be first paid and satisfied. IV. And be it enacted. That so soon as a net Annual Income of fifty thousand pounds shall be realized from the said School Fund, the Public grant of money paid out of the Provincial Revenue for Common Schools, shall for ever cease to be made a charge on such revenue; Provided always nevertheless, that in the mean time the interest arising from the said School Fund so to be created as aforesaid, shall be annually paid over to the Receivei? General, and applied towards the payment of the yearly grant of fifty thousand pounils now appropriated for the support of the Common Schools : Provided further, that after the said annual sum of fifty thousand pounds shall have been taken of! the Consolidated Revenue, if the income arising from the said School Fund shall from any cause whatever fall short of the annual sum of fifty thousand pounds, then it shall and may be lawful for the Receiver General of the Province, to pay out of the said Consolidated Revenue, such sum or sums of money as may from time to time be required to make up such defi- ciency, the same to be repaid so soon as the said Income of the said School Fund shall exceed the said sum of fifty thousand pounds. ..•S :i!>r GRAMMAR SCHOOLS. ACT 47, GEO. 3, CAP. 6. ■U '■\ \l t n. 'I ■>•' Pmnble. (See 48 Geo. III., Ch. !•< 09 Geo. III., Seal. S,Ch. 4{SVie.eb. 10) Tin lum of eight hundred pounds to he annually paid for the establishment of public Mhools. F M; An Act to estaUiA Public Schools in each and every District of this Province. [Passed 10th March, 1807.] Most Gracious Sovereign: WHEREAS it is considered expedient that some means be devised for the education of youth— May it therefore please your Majes- ty, that it be enacted; And it is hereby enacted by the King*s most Excellent Majesty, by and with the advice and consent &c., That for the establishment of Public Schools in this Province, t/ie siim of eight hundred pounds shall be annually paid, in manner herein after men- tioned, out of any monies which are now raised or levied, or which hereafter may be raised or levied, by authority of Parliament, to or for the uses of this Province. II. ..^fid be it further enacted by the axtthority aforesaid, That there shall be one Public School in each and every District of this Province ; and and completed one sntures ot this Pro- icome ; which raid I for any other pur- 1 Fund for the eup- ownship and Parish jr of Crown Land shall set apart and ids, in such part or md dispose thereof ernor in Council be (of shall be invested oolFund: Provided ;ys arising from the son for the manage- aities charged upon id. inual Income of fifty lool Fund, the Public lor Common Schools, ti revenue ; Provided srest arising from the ill be annually paid the payment of the iated for the support ifter the said annual n off the Consolidated liool Fund shall from m of fifty thousand ceiver General of the ue, such sum or sums make up such defi- Income of the said isand pounds. )OLS. i.r> 'T^^m- Hrict of this Province. 0th March, 1807.] e means be devised please your Majes- ay the King's most pnsent &c., That for ^e, the sum of eight h herein after men- br levied, or which Parliament, to or for ^td, That there shall this Province ; and P GRAMMAR SCnOOLS. that out of the said sum of eight hundred pounds, annually so appropri- ated as aforesaid, the annual sum of one hundred pounds shall be paid to each and everv Teacher, who shall be nominated and appointed to any of the said Public Schools in this Province, for the education of youth, in manner hereinafter mentioned. III. And be it further enacted by the autliority aforesaid. That the public school for the Western District, shall be opened and kept in the Town of Sandwich, and the public school for the District of London, shall be opened and kept in the Township of Townsend, at such place as the Trustees, or the majority of them, shall think proper to appoint ; and that the public school for the District of Niagara, shall be opened and kept in the Town of Niagara : and that the public school for the Home District, shall be opened and kept in the Town of York ; and that the public school for the District of Newcastle, shall be opened and kept in the Township of Hamilton, at such place as the Trustees, or the major- ity of them, shall think proper to appoint; and that the public school for the Midland District shall be opened and kept in the Town of Kingston ; and that the public school for the District of Johnstown, shall be opened and kept in the Township of Augusta, at such place as the Trustees, or the majority of them, shall think proper to appoint ; and that the public school for the Eastern District, shall be opened and kept in the Town of Cornwall. IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Governor, Lieutenant Governor, or person administering the Government of this Province, to appoint from time to time, not less than five fit and discreet persons in each and every District of this Province, Trustees to the said public schools, which said Trustees or the majority of them, shall have full power and authority lo nominate a fit and discreet person as Teacher thereof, and to examine into the moral character, learning and capacity of such person so nominated; and being satisfied with the moral character, learning and capacity of such person, it shall and may be lawful for the said Trustees or the majority of them, to report snch their nomination to the Governor, Lieutenant Governor, or person administering the Government of this Province, either to affirm or disafiirm such nomination as aforesaid ; Provided always, that the said Trustees, or the majority of them, shall have full power and authority, in their discretion, to remove such Teacher, from his public school, for any misdemeanor or impropriety of conduct ; and that it shall and may be lawful for the said Trustees, or the majority of them, in each and every District of this Province, in case of the demise, dismissal or removal of any Teacher of the said public schools, to nominate and appoint, as often as the case may require, one other fit and discreet person, as a Teacher to the said public school, which Trustees, or the majoiity of them, previous to such nomination and appointment as aforesaid, shall examine into the moral character, learning and capacity of such Teacher, and being satisfied therewith, puch appointment shall be immediately transmiiied to the Governor, Lieutenant Governor, or person administering the Government of thig Province, either to approve or disapprove of the same. V. And be it further enacted by the authority afonsall, That the Trus- tees appointed under and by virtue of this Act, in each atui every Dis- trict of this Province, or the majority of them, shall have full power and authority to make such rules and regulations for the good government and management of the said public schools, with respect to the Teacher, for the time being, and to the Scholars, as in their discretion shall seen) meet. VI. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Governor, Lieutenant Governor, or person, 213 One pablis school in every District. £m to lie paid annually to every tearh«tr of such public school. (SceSdOeo. III. Hess. i. Ch. 4, Sec. 11.) riaces where the said pulilic schools are to be le openutl and kept. Such part of the said 47th of Oeo. III. as liiiiita iu durntion repeated. Jn Act to amend an Ad passed in the forty-srventh year of His Majesty's Reign, intilided, " An Act to establish Public Schools in each ana every District of this Province." [Passed 16th March, 1808.] WHEREAS an Act past>ed in the forty-seventh year of His Majesty's reign, intituled, " An Act to establish Public Schools in each and every District of this Province,'* requires to be amended ; Be it therefore enacted fyc. That to much of the said Act as enacts, that the Public School for the District of London shall be opened and kept in the Township of Townserid, shall be, and the same is hereby repealed, II. [Superseded by 7th Wm. IV. Ch. 106.] III. A.nd be it further enacted by the authority aforesaid, That so much of the said Act as limits the duration of it to four years, and from thence to the end of the then next ensuing session of Parliament, shall be, and the same is hereby repealed. ACT 69, GEO. 3, CAP. 4. Preamble. 47th Geo. MI. Chap. 0, recited ; A Bistrict School eciablished in tlie Dittrictof Gore. XlOO per annum appropriated to pay tlie salary of the Teacher. ■:!ii!- An Act to repeal part of and to amend ihe Laws now in force for establish- ing Public Schools in the several Districts of this Province, and to extend the provisions of the same, [Passed 12th July, 1819.] Most Gracious Sovereign: WHEREAS it hath been found expedient to repeal part of and to amend an Act passed in the forty-.«'venth year of His Majesty's reign, intituled, " An Act to establish Public Schools in each and every District of this Province," and to extend the provisions of the same ; Be it therefore enacted by the King's most Excellent Majesty, by and with the advice &c., That provision be made by Law for lite establish- ing of a Public School in the District of Gore. II. And be it further enacted by the authority aforesaid, That from and out of the rates and duties raised, levied and collected, or hereafter to be raised, levied and collected, to and for the public uses of this Province, and unappropriated, there be granted annually to His Majesty, His Heirs and Successors, the sum of onp hundred pounds, which sum of one hundred pounds shall be appropriated and applied and disposed of in paying the salary of the Teacher of the said School ; which said sum of one hundred pounds shall be paid by the Receiver General of this Province, in discharge of such warrant or warrants as shall for that purpose be issued by the Governor, Lieutenant-Governor, or Person Administering the Government of this Province, and shall be accounted for to His Majesty, His Heirs and Successors, through the Lords Com- GRAMMAR SCHOOLS. 215 im time to time,, to oviiice, for the pay- s shall or may from pointed under this L certificate signed District in w'hich a having faithfully said, for and during rvice. var of His MaiettyU ols in each and every Sth March, 1808.] 'earof His Majesty's )Iic Schools in each be amended ; Be it t as enacts, that the ened and kept in the ereby repealed, 'esaid, That so much ars, and from thence araent, shall be, and in force for establish- ovincef and to extend 1 12th July, 1819.] •epeal part of and to ear of His Majesty's s in each and every visions of the same ; ut Majesty, by and aw for the establish- esaid, That from and ed, or hereafter to be ises of this Province, His Majesty, His (unds, which sum of lied and disposed of )ol ; which said sum ver General of this its as shall for that governor, or Person i shall be accounted jgh the Lords Com- ,St missioners of His Majesty's Treasury, for the time being, in such manner and form as His Majesty, His Heirs and Successors, shall be pleased to direct. HL And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the Governor, Lieutenant-Governor or Person Administering the Government of this Province, to appoint Trustees and a Teacrier in the said District of Gore, under the like provisions as are contained in the said Act of the forty-seventh year of His Majesty's roij^n, intituled, " An Act to establish Public Schools in each and every District of this Province." IV. And be it further enacted by tlie authority aforesaid, That the Trustees of each and every District School within this Province, shall direct a public examination of their respective Schools to be held pre- vious to the usual annual vacation, at which they or a majority of them shall assist ; and it is hereby required that such public examination shall be holden every year at the time aforesaid. V. And be it further enacted by the authority aforesaid, That the Trus- tees for the respective District Schools, as aforesaid, in each and every District in this Province, shall, and they are hereby required, once in every year, after the public examination as aforesaid, to report to the Governor, Lieutenant Governor, or Person Administering the Govern- ment of this Province, the state of the said Schools, the number of scholars, the state of education, with the different branches taught in the said School, the number of scholars who have cornpleted their educa- tion, together with all other matters and things that may tend to cherish the prosperity of the said Schools, or that may in any wise benefit the same, that the said report may be laid before the Legislature at its first meeting for their inspection. VI. And be it further enacted by the authority aforesaid, That in order to ^xtend the benefit of a liberal education to promising children of the poorer Inhabitants, the Trustees of each and every School have the power of sending scholars, not exceeding ten in number, to be taught gratis at the respective District Schools. VII. Provided always, and be it further enacted by the authority afore- said. That the said scholars, so to be taught as aforesaid, shall once in every four years be drawn by lot in manner following, viz. : the Trustees for the Common Schools, now or hereafter to be established by virtue of any Act of the Parliament of this Province, shall and they are hereby authorised to return the name or names of one or more, not exceeding four, from each Common School, of tV.e most promising .scholars, as aforesaid, of their respective Schools, to the Trustees of the District Schools for the District in which they shall respectively reside, which Trustees shall, and they are hereby required, at a special meeting to be openly heM for that purpose, inscribe each and every name so returned to them on a separate and distinct slip of paper, being all as nearly as possible of the same size, which slip of paper shall be put into a box or glass, to be provided for that purpose, and at such meeting as aforesaid, the same shall, in the presence of the said Trustees, be openly drawn by some disinterested person, and each and every s'holar so chosen as aforesaid, shall be entitled to receWe his education gratuitously at the said District School, and the Teacher thereof shall and he is hereby required to educate such scholar as aforesaid. Vin. And be it further enacted by the authority aforesaid, That in case any vacancy shall ensue in consequence of the refusal or decease, or from any other cause whatever, of any scholar or scholars drafted as aforesaid to be taught in the District School, it shall and may be lawful for the Trustees of the Common School from which such scholar or Trutiifcs to Le nppointed. AnnunI public exn mi nation to be lield ol every Difltrlct Sclioot. AnnunI re|X)rta to be made by the Trmiteeiiof Din- trict $ be selected. Vacitncies filled up. 11. 216 r«ru of 4?th Oeo* III. ChAp.«, repesled. Wliero the I'ublic Bchooli ahall be kept in the Oistricu of Johnatown, Gore and London ; (See 7 Wm. IV, Chnp. 106.) Teaehorg to be appointed here- atter, aholl have no more than X30 |)er onnuin unless iliey have more than tcu Scholars. Form of certifi- cate to be given by Trustees ; (Set; 9 Vic.Cliap. 10.) GRAMMAR SCHOOLS. soholars shall hare been draftecl, to make a second ballot to fill up the vacancy. IX. And be it further enacted by the authority aforesaid, That so much of the third clause of the said Act^ intituled, ^ An Act to establish Pub- lic Schools for each and every District in this Province," as relates to the Public Schools in the District of London and Johnstown, be and the same is hereby repealed. X. And be it further enacted by the authority aforeaaid^ That the Public School for the District of London shall be opened and kept in the toum of Vittoria, in the toumship of Charhtteville ; and the Public School for the District of Johnstown shall be opened and kept in the village of Brockville, in the town.«hip of Elizabelhtown ; that the Public School for the District ot Gore shall be opened and kept at the town of Hamilton, in the District of Gore. XL Provided always, and be it further enacted by the authority qforcsaid, That to every Teacher hereafter to be appointed, there shall be only fifty pounds paid, unless the average number of Scholars e.vceeds teru XIL And be it further enacted bu the authority aforesaid. That the certificate required from the Trustees bv the twelfth clause of the said Act, passed in the forty-seventh yearof llis Majesty's reif»n, shall declare that, " at a public meeting of the Trustees of the District School, upon due notice given for that purpose, a majority of the Trustees being pre- sent, we certify, &c. &c." [See Statutes of Canada, 4 & 5 Victoria, Ch. 19.] ACT 7, WM. 4, CAP. 106. 11,-i .: rreainbtc. [See 39 Geo. Chnp. 4.] III. Tenth clause of Act 30 Geo. III. t1iap.~ 4, repealed so far as relates to oticniiig Dis- trict Hcliool at Vittori.i. District School for District of London to be henceforth held ill the Town of Iiigndon. An Act to repeal part of an Act passed in the fifty-ninth year of the reign of His talc Majtsty King George the Third, intituled, *« An Act to repeal p'.rt oj and to amend the laws now in force for establishing PtUh- lie Schools ' i the several JMstricts of this Province,'" and to estabUnh the Public School for the London District in the Town of London. [Passed 4th March, 1837.] WHEREAS the District School of the London District has been heretofore kept at Vittoria, and it is expedient that the said School should in future be kept in the Town of London, in the District afore- said : Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consen'.&c, That somuchof the tenth clause of an Act passed in the fifty-ninth year of the reign of His late Majesty King George the Third, intituled, " An Act to repeal part of and to amend the laws now in force for establishing Public Schools in the several Districts of this Province, and to extend the provisions of the same," as relates to the opening and keeping the Public School for the District of London at Vittoria, in the Township of Charlotteville, be and the same is hereby repealed. IL And be it further enacted by the authority aforesaid, That from and af'er ihe passing of this Act, the Public School for the District of Lon- « shall be opened and kept in the Town of London, in the Township ci ' mdon, in ihe said London District. h GRAMMAR SCHOOLS. 217 )allot to fill up the id, That so much : to establish Pub- ce," as relates to Atown, be and the J, That the Public il kept in the totim Public School for in the village of e Public School for town of Hamilton, aulhorily aforesaid, ere shall be only liars exceeds tea. iforesaid, That the clause of the said rei<;n, shall declare istiict School, npon rustces being pre- :h. 19.] h year of the reign Ivled, '^An Act to or esiablishing Pti6- >," and to establiih wn of London. h March, 1837.] District has been 1 at the said School the District afore- nl Majesty, by and (tenth clause of an lale Majesty King ' and to amend the lesevreral Districts same," as relates District of London the same is hereby id, That from and e District of Lon- , in the Township ACT4t,-5 VIC. CAP. 19. An Act to make temporary provision for tke aporopriation of the funds derived from the sale of School J.ands in that part of the Province formerly UppcrCanada^ and for other purposes. [Passed 18th September, 1841.] WHEREAS it is very desirable to afTonl every encouragement to rrcamlic. the advancement of Education throughout the Province : And whereas His late Most Gracious Majesty, King George the Third, was pleased (o direct that o quantity of the waste Lands of the Crown should be set apart for the support of Grammar Schools within that part of the Province heretofore called Upper Canada: And whereas the advance- ment' of Education will be promoted by devoting a portion of the annual revenueu of such waste Lands to the support of suchGranimar Schools : And whereas it is expedient to repeal an Act of the Parliament of the late Province of Upper Canada hereinafter mentioned : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent, &c., That the several District Schools within that portion of the Province heretofore called Upper Canatla, shall be and are hereby declared to be Grammar Schools, as contemplated by His late Most Gracious Majesty, King George the Third, at the time the said reservation rif J^iul was directed to be made as aforesaid. IL And be it enacted. That the money arisin^f from the sales of the School Lands, now remaining in the Receiver General's hands, unex- pended, or which may come into his hands, applicable to the purposes of this Act, shall be invested in the Debentures of that part of this Pro- vince heretofore Upper Canada, at six per cent, interest, and the annual interests or rents thereof, placed under the controul of the Governor^ or Person administering the Government of the Province for the time bemg, lo be distributed by and with the advice and consent of the Executive Council of the said Province, among such Districts within that part of the Province formerly called Upper Canada, as may more immediately require assistance, owing to the state of the School House or other cir- cumstances. III. And be it enacted. That within three months after the passing of this Act the Council of King's College, or their Bursar or Ti isurer shall transfer and pay over to the Receiver General, as aforesaid, all Deben- tures unredeemed, and sums of money arising from unexpended arrears of interest, which may have accrued thereon and be at present held under the authority of the Act hereby repealed, by the said Council or Treasurer, on account of the proceeds of the sale of School Lands os aforesaid, to be by the said Receiver General invested in debentures, and the interest and rents thereof, appropriated and distributed as here- inbefore mentioned. IV. And be it enacted, That a sum not exceeding ot^o hundred pounds per annum, may be advanced to each of the several Boards of Trustees for the said Grammar Schools, from time to time, out of any monies in the hands of the Receiver General, arising from the sale of the said School Lands, and applicable to the purposes of this Act, to be expended in providing an additional Master and other additional means of instruc- tion for the Grammar Schools in the Districts respectively, within that part of the Province formerly called Upper Canada. V. And be it enacted. That it shall and may be lawful for the Board of Trustees in any District now constituted or hereafter to be constituted in niitrict flchoolf to l)C conniderpd (irninmnr School for certain piir- |)0W«. Monici arininr from tlip Rnlc of School Innili lo he in vented in IK'bcniiircs and the prneocda dis- tributed niiiong the several Dia- trictt. King'i College to trnniifer and pay over alt nionii'B and ncbeniiirvii toiheReceivrr Ueneral. XIOO per annum may he advanced lo the Trustee* for an additional Mailer, ftc. 218 GRAMMAR SCHOOLS. X'JOO nifiy be uraiitrd to vnrli niHtrict for the ori'ciion of n ticliool IlotlNC. Olovcriior iiiny iidvaiice X'luu p. cinnuin to two additional Schools in a Dis- trict, and amy extend that aid to four Grammar idchoola. Accounta to he rendered. - . Act of U. C. 2 Vice. 10, repealed. Proviio. that pait of tho Provinise formerly called Upper Canada, out of any monies in the hands of the Receiver General, applicable to the pur- poses of this Act, as aforesaid, to receive a sum not exceeding two lundied pounds, to aid in the construction and erection of a suitable )uilding for a School House in each District, provided an equal sum shall )e raised by subscription among the Inhabitants for the like object, and provided they shall sjuarantee the permanent insurance of the building. Vf. And be it enacted, That it shall and may be lawful for the Governor, Lieutenant Governor or Person administeiing the Government for the time being, by and with the advice and consent of the Executive Council as aforesaid, to authorize a sum not exceeding one hundred pounds, per annum, out of the monies ari8ing from the sale of the said Lands for each School, to be paid to any Board of Trustees, for the use and support of two other Schools than the one in the Town where tho Court House is situated, in any Town, Township or Village within any of the Districts aforesaid, in which the Inhabitants shall provide a suitable School House, at which not less than fifty scholars shall be educated : Provided any such additional School shall not be within six miles of the District Town : And provided always, that nothing herein contained shall prevent the Governor, Lieutenant Governor, or Person administering the Government of the Province for the time being, by and with the advice and consent of the Executive Council thereof, from extending the aid to four Grammar Schools (including the said two) other than the one established in the District Town, should it be deemed expedient. VII. And be it enacted. That an account in detail of the sums received and expended under the provisions of this Act, shall be ren- dered to the Governor, Lieutenant-Governor, or Person ad mini!>tering the Government of this Province, annually, in order that the same may be laid before the Legislature, within thirty days after the commencement of each Session. VIII. And be it enacted, That the Act of the Legislature of the late Province of Upper Canada, passed in the second year of Her Majesty's Reign, intituled An Act to provide for the advancement of Education in this Province, shall be and the same is hereby repealed : Provided always, that such repeal shall not annul or be construed to annul any order, engagement or act, for the distribution of the interest upon the Deben- tures, by the Council of King's College, made and carried into eiTect previous to the passing of this Act : And provided also, that the manage- ment and sale of the said School Lands shall continue to be conducted by the said Council of King's College, until further provision shall be made in that behalf at any future Session of the Legislature. ACT 9 yiC. CAP. 17. In nu An Act to provide for vesting in Trustees the Sites of Schoob in that part of this Province mUtd Upper Canada. ... . J ; [Passed I8ih May, 1846.] Pfcam'jic. "CTTHEREAS difficulties have been experienced uy persons interested ▼ T in Schools in that part of this Province called Upper Canada, in securing the titles to real property, for the use of such Schools, for want of a corporate capacity to take and hold the same in perpetual succession; and whereas it is expedient and proper to provide relief in such cases: Be it therefore enacted &c., That it shall and niay be law- ful for any number of personS} residing in that part of this Province t^ i inaila, out of any cjable to the pur- d exceeiling two stion of a suitable an equal sum shall he like object, and ce of the building. be lawful for the ig the Government It of the Executive ding one hundred tie sale of the said ustees, for the use } Town where the V^illage within any Its shall provide a ' scholars shall be 1 not be within six hat nothing herein Dvernor, or Person the time being, by mncil thereof, from iding the said two) own, should it be guammah schools. called Upper Canada, who may be interested in any School established or to be established in any Town or Township therein, whether as Parents of Children frequentincfsuch Schools, or ns contributors to the same, or both, when, and as often as they may have occasion or be desirous to take a conveyance of real property for the use of such Schools, to elect from among themselves, and to appoint any numberof Trustees, not exceeeiiig seven nor less than five, to whom and to whose succes- sors, to be appointed in such manner as shall be specified in the Deed of Conveyance, tlie real properly requisite for such School may be con- veyetl; and such Trustees, and their successorsin perpetual succession, by the name expressed in such Deed, shall be capable of taking, hold- ing, and possessing such real properly, and of commencing and main- taining any action or actions at law or in equity for the protection thereof, and of their right thereto : Provided always, that there shall not be held in trust as aforesaid more than ten acres of land at any one time for any one School : Provided also, that nothing in this Act contained shall be construed to extend to common Schools. TI. And be it enacted, That such Trustees shall, within twelve calendar months after the execution of such Deed, cause the same to be reiisjjered in the Office of the Register of the County in which the land lies. . ACT 9 VIC, CAP. 19. - 219 Pcr#oni Intcrcd- cil III any School ill (J|i|)er Cniinda limy iiniiif* Truttcon to tnke coiivoynnec of Site. flueh Triulccs to have eeriniii cor- porate power. Proviio. Deed to be rcgii- tered. letail of the sums Act, shall be ren- nadminii>tering the t the same may be he commencement jislature of the late ir of Her Majesty's of Education in this Provided always, annul any order, it upon the Deben- carried into effect I, that the manage- ue to be conducted provision shall be slature. Schools in that part I. 3ih May, 1846.] r persons interested Upper Canada, in I Schools, for want ame in perpetual provide relief in and may be law- of this Province An Act to amend the Act therein mentioned, relating to the appropriation qf' Monies derived from the sale of School Lai\ds in Upper Canada. [Passed 18th May, 1846.] WHEREAS by the sixth section of the Act passed in the Session held in the fourth and fifth years of Her Majesty's Reign, and tnthuled, An Art to make temporary provision for the appropriation of the funds derived from the sale of School Lands in that part of the Province formerly Upper CanadUy and for other purposes, it is, among other things, enacted, That, out of the monies arising from the sale of School Lands, a certain annual allowance may be made for the support of certain Schools therein ment! Mied, at which not less than fifty scholars shall be educated : And whereas it is expedient to make a smaller number of scholars sufficient to enable such Schools to receive the said allowance: Be it therefore enacted &c., That, subject to the other provisions and requirements of the said Act, it chall be lawful for the Governor, Lieut- enant-Governor, or person administering the Government of this Pro- vince for the time being, by and wiih the advice and consent of the Executive Council thereof, to authorize the payment of the annual allow- ance in the said section of the said Act mentioned, to a<.iy Board of Trustees, for the use and support of two other Schools than the one in the Town where the Court-house is situate, in any Town, Township or Village within any District in that part of this Province which formerly constituted the Province of Upper Canada, in which the inhabitants shall provide a suitable School House, at which not less than thirty scholars shall be educated; any thing in the said section requiring that a greater number than thirty be so educated, to the contrary nolwilh- standinsr. Preamble. Sixth Section of Prov. Stnt. 4 t .^ Vict, c 19, cited. Thirty scholars instead of flCty to lie iiuflicicnt to warrant the pay- ment of the nllowniice men- tioned in said section of said Act. 220 GRAMMAR SCUOOLS. ACT 13 4-14 VIC. CAP,9\. Preamble. 4 ic 9 Viel. c. t Viet. e. 1». Caie recited. 19 Cover nor ill Uoiiticil iiiiiy authorize pnv- luentof jC-J^. An Ad to pi'ovide for (lie payment of the $um of money therein mentioiud, for the use and stmport of three adttitumal Grammar Schooln in tht County of York, for the year one thousand eight hundred and forty- nine. [Paniied lOth of August, 1850 ] WHEREAS in and by an Act parsed in Ihe Seaaion held in the fourth and fifth years of Her Miije«ty's Reign, nnd inlitnled. An Ad to make temporary provision for the appropriation of the funds derived 'from the sale of Schnol Lands, in that part ofS^cProvince formerly Ujrper Canada, and for other purposes, as amended b^«an Act parsed in thu ninth year of Her Majesty's Reisn, and intituled,'*^ip Act to amend the Act therein mentiwed, rclatinff to the appropriation of Albneya derived from the sale of School Lands in Upper Canada, it was, amongst other things, in effect enacted, Tliat it should be lawful for the Governor in Council to authorize a sum not exceeding one hundred pounds per annum for each school, out of the moneys arising from the sale of the School Lands in the said fiist above cited Act mentioned, to ba paid to the Poard of Trustees for Grammar Schools in any District in Upper Canada, for the use and support of two other Schools than the oi;e in the Town where the Court House is situated, in any Town, Town.ship or Village within any of the Districts aforesaid, in which the inhabitants should provide a suitable School House, at which not less than thirty scholars should be educated, provided any such additional School shonlil not be within six miles of the District Town ; and provided also, that nothing in the saitl first above cited Act should prevent the Governor in Council from ex- tending such aid to four Grammar Schools, (including the said two,^ other than the one established in the District Town, should it be deemed expedient : And whereas His Excellency the Governor General in Council did, on the twenty-ninth day of November, one thousani' ^ight Iiundred and forty-eight, authorize the Board of Trustees for Gir.mmar Schools in the Home District, to propose a grant of seventy-five pounds to each of the Villages of Streelsville, WJiitby and Newmarket, within the said District, being distant, respectively, more than six miles from Toronto, the District Town, for aiding to support Masters of (Jrammar Schools, provided such Masters should be established in buildings per- manently appropriated to such Schools during the year one thousand eight hundred and forty-nine : And whereas such a Master was estab- lished in each of the said Villages, in a building permanently appro- priated to such a School, during the year one thousand eight hundred and forty-nine, but owing to the number of Scholars educated at each of the said Schools, during the said year, having been less than thirty, the above mentioned sums of seventy-five pounds cannot lawfully be paid to the said Board of Trustees for the use and support of the said Schools, but it is just and right, under the circumstances of the case, to enable the Governor General in Council to authorize the payment thereof: Be it therefore enacted by the Queen's Most Excellent Ma- jesty, by and with the advice, &c.. That it shall and may be lawful for the Governor General in Council to authorize a sum of two hundred and twenty-five pounds, out of the moneys arising from the sale of the School Lands in the said first above cited Act mentioned, to be paid to the Board of Trustees for Grammar Schools, in the County of York, for the use and support of the three additional Grammar Schools above mentioned, for the year one thousand eight hundred and forty-nine ; any thing in the said Acts, or in any other Act or law, to the contrary thereof in any wise notwithstanding. y therein menlioiudi nmnr Sthooln in ihu hundred and forty ih of August, 1850] lesaion held in the II nntl intitiilei(i Ad to amend the Rlbneya derived from nongsl other thing?, Governor in Council )un«lfl per annum for of the School Lands laid to the Poard of iper Canada, for the 3 in tho Town where lip or Village within lants shouUi provide ty scholars should be Lild not be within six fit nothing in the saitl in Council from ex- uding the said two,> , should it be deemed Governor General in •, one thousani' ?ight riistees for Grammar seventy-five pounds Newmarket, within I than six miles from ■ Masters of (Jrammar bed in buildings per- 5 year one thousand a Master was estab- permariently appro- jsand eight hundred jars educated at each leen less than thirty, cannot lawfully be support of the said fiances of the case, to thorize the payment 'Most Excellent Ma- id may be lawful for of two hundred and [rom the sale of the tioned, to be paid to County of York, for imar Schools above and forty-nine ; any the contrary thereof RAILROADS. ACT 13 *• 14 VIC. CAP. 81. » ^"^.•^.r.«_"W^*, An Alt to enahlc the Municipal Corporation of the City of Toronto to assist in the construction of the Toronto, Simroe ana Lake Huron Union Uail-road, W^ [Passed 10th August, 1850.] HEREAS the Mifficipal Corporalion of the City of Toronto, have by almost ai^nanimous vote resolved, that so soon as legal authority shall h^e been obtained to enable them to assist the Rail- road Company incorporated by an Act of the Parliament of this Province, passed in the twelfth year of Her Majesty's Reign, intituled. An Act to incorporate the Toronto, Simcoe, and Lake Huron Union Ruilrnad Com- pany, in the construction of their intended Rail-road, the said Municipal Corporation is prepareil to do so, on certain terms and conditions more fully set forth in a certain Report of the Finance Committee of the said Municipal Corporation, and by the said Municipal Corporalion adopted in Council, on the twenty-ninth day of July now last past ; And whereas George Gurnett, Esquire, Mayor of the City of Toronto, hath, by his petition to the Legislature, prayed on behalf of the Mayor, Aldermen and Commonalty of the said City, that authority might be conferred on the said Municipal Corporation of the said City, so soon as responsible parties shall have subscribed to the amount of One hundred thousand pounds in theCapital Slock of the said Rail-road Company, and in other respects shall have complied with the terms, conditions and regulations required by the said Municipal Corporation, to issue the debentures of the said Municipal Corporation to the like amount of Slock so sub- scribed ; And whereas it is desitable and expedient that power and •ulhority should be given to the said Municipal Corporation to assist the said Rail-road Company in such manner as the said Municipal Corpo- ration shall deem advisable, and that similar power should also be ffiven to each Municipality through whose jurisdiction the Rail-road of he said Company may pass ; Be it therefore enacted by the Queen's JHost Excellent Majesty, by and with the advice and consent of the iiCgislalive Council and the Legislative Assembly of the Province of (Jlanada, constituted and assembled by virtue of and under the authority pf an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled. An Act to re-tmite the Provinces of Upper find Lower Canada, and for the Government of Canada, and it is hereby «nacted by the authority of the same. That it shall and may be lawful for the Mayor, Aldermen and Commonalty of the City of Toronto, in l^nrsuance of any By-law of the said Municipal Corporation, in the name ■*»f on the credit and behalf of the said Municipal Corporation, to issue lebentures to an amount not exceeding One hundred thousand pounds, ar in sums less than five pounds each, for and towards assisting in the instruction of the proposed Rail-road of the said Company, and to pro- ijde for or secure the payment thereof, in such manner and way as to Ite said Municipal Corporalion shall seem proper and desirable ; and lirther, that it shall and may be lawful for the said Municipal Corpo« Ipltion of the City of Toronto, and any other Municipal Corporation, #ithin or through whose jurisdiction the proposed Rail-road of the said fi^ may pass, to assist otherwise in the construction and forward- #1^ of the said proposed Rail-road, in such mariner as to an^ sucl^ rreamble. nVk.c.lN. Corporniion of Toroiiio cmpow- crcrl (o iffite dctiniiurt'i! in nid or ilic KiKI Com- pany. Ttw tnid torpor atlon and oilH?ri mny aid iliR compnnjr iuotitcr w«vs. OiIht iiiiiiii'-(|nl- llil'it limy i»i>iit; il('lii>iiliiri'< III tt\'\ gfllii' ro{ii|i.iiiy. 222 RAILROADS. Municipal Corpornlion may «oem proper and dosirablu on groiinds of piiliiic utility. II. And lilt it ennctud, That niiy other Mutiicipiil (.'orporntion within or lliroiijLcli whose jurisdiction the proposed Hiiil-roail of the said Corn- jKiny niay pas-*, shiill and iriiiy for umi towards assistinj; in the cnnslruc- tiou of the said proposed Ruil-road, issue debentures loan amount not oxceediuic I' i fly thousand poutids, in the same manner and upon th(? same ti.'rms u-t the aaiil Municipal Corporation of Toronto ar«j iiereby authorized to do. iMTii'T'Hl.-M''-'^ Mf. And l);j it oriacteJ, That for iho purpose of onablinj; any such niri'ii ti) invu' tho Municipal Corporation to exeruiso a sufHcionl precaution in re-^ard to the |H)wiT()felPciiii3 duo application of such debentures towards tho purposus for whitdi they cmiipaiiy," "" "''^ proposf.'d to bo issued, and to enable such Municipal Corporations respectively, to bo therefore adequately represented in the direction of the said llail-roatl Company, so soon as any such Municipal Corporation shall have issued the debentures hereby authorized, to the amount of Fifty thousand pounds each, such Municipal Corporation shall have power and is hereby authorized to nominate and appoint one director from nmonjr the members of tho Council of such Municipal Corporation, for or in respect of every Fiftv thousand poundsof debentures, which may be so issued, and each such Director so appointed shall possess and enjoy all tlie powers and privileges possessed and enjoyed by tho other Directors of the said Rail-road Company, named or to be appointed under the said Act of fncorporationof the said Rail-road Company, so long as such Municipal Corporation shall and may bo liable for the payment of the principal and interest of such debentures. ACT 13 S,- 14 VIC, CAP. 1-29. I«» : ■'■ iM. Freamble. Municipal Cor- poration may •ubscritic for •liare«, or lend money to the (vompaiiy, tec An Act to empowrr Municipal Corporations to subscribe for Slock of llic Great fVcstem Rail-road Company^ or otherwise to aid in completing that undertaking. [Passed 24th July, 1850.] WHEREAS the Great Western Rail-road Company and the Muni- cipal Corporations of certain localities through which the Com- pany are empowered to make their Rail-road, have prayed that such Corporations and all others who may be so disposed, may be enabled to subscribe for Stock of the said Company, and it is expedient to pro- mote an undertaking so important to the interests of the Province, by {rranting the praj'er of the said Petition : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Pro- vince of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled An Act to re-unite the Provinces of Upper and Lower Canada^ and fur the Govii nrnent of Canada, and it m hereby enacted by the authority of the same, lliai t shall be lawful for the Common Council of the City of Hamilton, and for any other Muni- cipal Corporation in this Province, to subscribe for any number of Shares in the Capital Stock of the said Great Western Rail-road Company, or to lend any sum of money to the said Company, or to guarantee ami become security for the payment of any sum of money borrowed by the said Company after the passing of this * ct, from any other Corporation or party, or to endorse or guarantee the payment of any debenture to be issued by the said Company for money borrowed by them after tho iblo on yroiinels of Corpomtioii within I of tlio said Com- inj? in tht) coiisiinc- I to an nmoiiiit not nner nnil u|)on tin; Toronto mo heroby oniiblin-,' any sncli It ion in le-ifuril lollu) losos for which they nioipal Coiporationa i in the direction of nnicipal Corporation (i, to the amount of •poration shall have ippoint ono director unicipal Corporation, bentures, which may alt possfifs and enjoy by tho other Directors appointed nnder tho pany, so long as such the payment of the icribe for Stock of tlie to aid in completing i 24lh July, 1850.] pany and iho Mimi- ugh which the Com- ve prayed that such d, may be enabled to JB expedient to pro- of the Province, by refore enacted by the ' advice and consent assembly of the Pro- •tue of and under the e United Kingdom of re-unite the Provinces t of Canada, and it u t shall be lawful for lor any other Muni- any number of Shares ail-road Company, or or to guarantee anu oney borrowed by the any other Corporation f any debenture to be »d by them after the k ROADS AM) nRllKiES. passing hereof : Provided niwayi", ihnt nothing herein contained shall !m conslniHil to iiicrfa(«o tht' touil mnount of the Capital Stock which the said rompany is now ainhoiizfd hy law lo raise, or the total amount of money wliieli it is now anlhoii/ed lo borrow. n. And 1)0 it ennc'led, 'riial l!n' Mnnieiptil Corporation of any County, City, Town, Township or VillaiT" who t« e»cciil«.'>|. No linMlliy to l« iiiciirr<'(l t'xf I'l t i)iiili*r lly-lii«v pitrvFil Willi tho cuiiM'iit orii tiinjoriiy of ilie clL'Clor*. The head of n C'orpotnilon ■ubKcrihhia X«,000toT)ea Direcfor. rreambte. il 224 Roadi, Jcc, in Citiei or Towni vetted in tlie Corporation, who ihnll keep them in repair. Liability for Tniliirc to keep in repair. How Roads and Bridfjed made by the Province, shall lie kept in repair, ifrelea^cd from the control of the CoininiH- •ioneriof Public Works. l«Vic.c. 4. Proviso : .IB to tlicRridj^oover the river Don at Toronto. ROADS AND BRIDGES. advice and consent of the Le^^islative Council and of the Legislative Assembly of the Province of Canada, constituted and a.ssembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unile the Provinces of Upper and Lower Canada, and Jar the Govern- ment of Canada, and it is hereby enacted by the authority of the same, That the right to use as Public Highway all Roads, Streets, and Public Highways within the limits of any Cily or Incorporated Town in this Province (except in so far as the right of pr^erly or other right in the Land occupied by the same Highways may have been expressly reserved by some private party when it was first used aa such Roacf. Street or Highway, and except as to any Concession Road or Side Roau within any such City or Town where the persons now iii possession or those under whom they claim may have laid out Streets in such City or Town without any compensation therefor in lieu of such Concession or Side Road,) shall be vested in the Municipal Corporation of such City or Incorporated Town, and such Roads, Streets and Highways shall be maintained and kept in proper repair so long as they shall remain open as such, by and at the cost of such Corporation whether they were originally opened and made by such Corporation, or by the Government of this Province, or of either of the late Provinces of Upper or Lower Canada, or by any other authority or party ; and if the Municipal Cor- poration of any such City or Incorporated Town shall fail to keep in repair any such Road, Street or Highway whhin the limits thereof, such default shall be a misdemeanor ior which such Corporation shall be punished by fine in the discretion of the Court before whom the convic- tion shall be had ; and such Corporation shall be also civilly responsible for all damages which maybe sustained by any party by reason of such default, provided the action for the recovery of such damages be brought within three months after the same shall have been sustained, but not otherwise. II. And be it enacted. That any Public Road or Bridge made, built or repaired at the expense of the Province, and now under the manage- ] ment and control of the Commissioners of Public Works may by Pro- clamation of the Governor issued by and with the advice and consent of the Executive Council, be declared to be no longer under the manage- ment and control of the said Commissioners, and upon, from and after a day to be named in such Proclamation, such Road or Bridge shall cease to be under the management and control of the said Commissioners, and no Tolls shall thereafter be levied thereon under the authority of the Act passed in the twelfth year of Her Majesty's Reign, and intituled. An Act to make better provision with regard to the Tolls to be levied on the Public Provincial Works and for other purposes relative to the said WorJes, but such Road or Bridge shall be under the control of the Municipal Authorities of the locality and of the Road Officers thereof, in like manner with other Public Roads and Bridges therein, and shall be maintained and kept in repair under the same provisions of law, which are hereby declared to | extend and shall apply to such Road or Bridge : Provided always, and be it decluied and enacted, That the Bridpe over the River Don, on the Kingston Road, at the east end of the City of Toronto, and the said Kingston Road east of the said River shall not be held to be within the said Cily or the Liberties thereof, or be under the control of the Corpo- ration thereof, but shall remain under the control of the Commissioners of Public Works, or of any party to whom they may be transferred \>f ofder '1 ;.''1 >■ ^■'■l' •■.- ■.. »'.• • r;;^' ■ .-^ .■ ■ . ,«> ■i.-.r . •..:>•:> -> ;, >, 'toAH ,,. ,>.■■»> ^. ;,. r 'I v., Stindard '"' riioasures to be kept hy ihe Coin- niissioner of Cronn LaiiUs. Surveyors to Iiave a standard to check their measures by. Puiiislimentor |icrsoiis molest- ing Surveyor* oft- duty. Civil remedy not taken away. » Power to Sur- vey or to examine certain lines ; doing no actual- damage. Meaeure; for Land In Lower- Canada fixed. B,ecita). Stone inonu' ments may be^ placed at c«rtai» 230 foiala iB Town- ' lioU.C. To be plaecd under the direc- tion or the UoiD- MiMloner of Grown Lniidi. Boundariee ueertoinec) ai albresaid in V. C. to lie deemed the true ones. PunishfDpnt of personB re- moving or defaclne land niarltB in U. C. or ill L. C. Proviso ns to Surveyors. Montimrnts not to be pincud in U. O. except on the application of the Miinicipnl Council. Recital. In wlint cn^'^s tlic .Alunicipiil Council inny apply to fiave Monunit-nln placeil. U.C. SURTETS AND BOUNDARIES. Township that hath been surveyed, or may hereafter be surreyed in Upper-Canada, and also at each end of the set^eral Concession Lines of such Townships ; and that lines drnwn in the manner hereinafter pre- scribed from the monuments so erected, or to be erected, shall be taken and considered to be the permanent boundary lines of such Townships and Concessions, respectively. XXVII. And be it enacted, That the monuments to be placed as above mentioned shall be so placed under the direction anu order of the Commi9.sioner of Crown Lands of this Province. XXVIII. And be it enacted, That the courses and lengths of the said boundary lines, so ascertained and established, shall on all occasions be and be taken to be the true courses and lengths of the boundary lines of the said Townships and Concessions, in Upper-Canada, whether the same do or do nut, on actual survey, coincide with the courses and lengths in any Letters Patent of Grant or other Instrument mentioned and expressed in respect of such boundary lines. XXIX. And be it on acted. That if any person or persons shall know- ingly and wilfully pull down, deface, alter or remove any such monu- ment so eiecled as aforesaid, in Upper-Canada, such person or persons shall be adjudged guilty of felony; and if any person or persons shall knowingly antl wilfully deface, alter or remove any other landmark, post, cr monurnent placed by any Land Surveyor, to mark any limit, bounday or angle of any Township, Concessioii, range, lot or parcel of land, in Upper or in Lower-Canada, such person or persons shall be deemed guilty of a misdemeanor, and being convicted thereof I efore any competent Court, shall be liable to be punished by fine or impri- sonment, or both, at the discretion of such Court, such fine not to exceed Twenty-live pounds, and such imprisoninen, not to be for a longer period than Three vnonllis, without any prejudice to any civil remedy which any party may have against such offender or offenders in damages, by reason of such olfence; Provided that nothing herein contained shall e,\leiid to prevent Land Surveyors, in their operations, from taking up posts-, cr other boundary marks when nece-ssary, al'ter which they shall carefully replace them as they were before. XXX. And be it enacted, That it shall not beneoessary for the Com- missioner of Crown Lands to proceed to carry the provisions of the Twenty-sixth, Twenty-seventh and Twenty-eighth Sections of this Act into execution, until an application for that purpose shall have been made to the Governor by the District Council of the District in Upper- Canada, in which the Township or Townships interested may he situate, who shall cause the sum requisite to defray the expenses to be incurred, or the proportion thereof payable by the inhabitants of any Township or Concession, to be levied on the said inhabitants, in the same manner a.^ any sum required for any other local purpose authorized by law may be levied. XXXI. And whereas in several of ih > Townships in Upper-Canada, some of the Concession line.?, or pa"fs of the Conce.ssion lines, have not been run in the original survey peiforrned under competent authority, and the surveys of some Concession lines or parts of Conce.ssions line:- have been obliterated, and owing to the want of .'uch lines the inhabi- tants of .such Conce.s?ions are subject to serious inconvenience: Be it therefore enacted, That it shall be hnvfal foi the Di-lrict Council of the' District in which any Township in Upper-Canada may be situate, o;i application of one half of the resident land-holders in any Concession, (or without .such application if the said Council .shall deem it necessary, j to make application to the Governor, requesting Him to cause any such line to be surveyed, and marked by permanent stone boundaries under ■■■'-';> 11 M FuU Corporations Ameiicliiient Act, Sec. 7. JUe puge 130. be surveyed in icession Lines of hereinaftef pr«- Brected, Bhall be ry lines of suck lo be placed as :iion anu order of Qngtbs of the said m all occasions be le boundary lines lada, whether the 1 the courses and rumenl mentioned jisons shall know- 5 any such raonu- person or persons n or persons shall y other landmark, to mark any limit, ge, lot or parcel of IV persons shall be ?ted thereof I efore d by fine or impri- h fine not to exceed to be for a longer any civil remedy lenders in damages, rein contained shall ns, from taking up ;r which they shall ^1 essavy for the Corn- provisions of the Sections of this Act se shall have been District in Upper- sled may be situate, nses to he incurred, of any Township or he same manner as zed by law may be s in Upper-Canada, ' l5.?ioa lines, have not ompetent authority, f Concessions lines ch lines the inhabi- oanvonience : Be it -^U-ict Council of the* may be situate, on in any Concession, deem "it necessary,) n to cause any such le boundaries under SURVEYS AND DOUNDARIES. the direction and order of the Commissioner of Crown Lands, in th« manner prescribed in this Act, at the cost of the proprietors of the lands in each Conces&ion or part of a Concession interested ; and it shall be lawful for such District Council to cause au estimate of the sum requi- site to defray the expenses to be incurred to be Laid before them, in order that the same may be levied on the said proprietors, in proportion to the quantity of land held by them respectively in such Concession or part of a Concession, in the same manner as any sum required for any other purposes authorized by law may be levied ; and the lines or parts of lines so surveyed and marked as aforesaid, shall thereafter be taken and considered to be the permanent boundary lines of such Concessions or parts of Concessions to all intents aiid ^lurposes of law whatsoever ; and all expenses incurred In performing any survey or placing any monument or boundary under the provisions of this section or of the next preceding section, shall be paid by the District Treasurer to the person or persons employed in such services, on the certificate and order of the Commissioner of Crown Lands ; Provided always, that the said lines shall be so drawn as to leave each of the adjacent Concessions of a depth proportionate to that intended in the original survey. XXXIL And whereas it is necessary to make more definite provision WecitaJ than is now made by law, as to the mode in which the proper courses of boundary lines shall be ascertained in certain cases in Upper-Canada : Be it enacted, That in Upper-Canada all boundary lines of^ Townships, Cities, Towns, Villages, all Concession lines, governing points, and all boundary lines of Concessions, sections, blocks, gores, commons and all side-lines and limits of lots surveyed, and all posts or monuments, ■which have been placed or planted at the front angles of any lots or parcels of land, provided the same have been or shall be marked, placed or planted under the authority of the Executive Government of the late Province of Quebec or of Upper-Canada, or under the authority of the Executive Government of this Province, shall be and the same are hereby declared to be the true and unalterable boundaries of all and every of such Townships, Cities, Towns, Villages, Concessions, Sec- tions, Blocks, Gores, Commons, and lots or parcels of land, respectively, ■whether the same shall upon admeasurement be found to contain tne exact width, or more or less than the exact width expressed in any Letters Patent, Grant or other Instrument in respect of such Township, City, Town, Village, Concession, Section, Block, Gore, Common, lot or parcel of land mentioned and expressed ; and such township, city, town, village, eoncession, section, block, gore, common, lot or parcel of land, shall embrace the whole width, contained between the front posts, xnoimments or boundaries, planted or placed, at the front angles of any such township, city, town, village, concession, section, block, gore, common, lot or parcel of land as aforesaid, so marked, placed or planted as aforesaid, and no more nor less, any quantity or measure expressed in the original grant or patent thereof notwithstanding ; and every patent, grant or instrument, purporting lo be for any aliquot part of such town- ship, city, town, village, concession, section, block, gore, common, lot or parcel of land, shall be construed to be a grant of such aliquot part qf the quantity the same may contain, whether such quantity be more or less than that expressed in such patent, grant or instrument ; any law, I usage or custom to the contrary thereof in anywise notwithstanding. XXXIIL And be it enacted, That in every City, Town or Village in Upper-Canada, which has been surveyed by the authority aforesaid, all allowances for road or roads, street or streets, lane or lanes, common or commons, which have been laid out in the original survey of such City, Town or Village, shall be and the same are hereby declared to be public highways and commons : and all posts or monuments which 231 BxpenBes to l« eHiimntcd and (iroviUoi for. Lean I effector Uie operoiion. Expenaet to be paid to tl>e Governin tnl. Proviso as (0 ailjaeent conecMiona.' Boundaries placed under the auUiority of the Government to be deemed the true ones, tie,' U.O. Townships, &«. to comprise all ihe space in- cluded within their boundarict. As to aliquot ports of Town- ship, Stc. Road nltowancea in Cities, Sto^ |« be public ftlgo^ ways. U. G. 30. --Ti/- \\ 232 BeoiUI. .Itfitn: .!■- As (0 lands granted in blocks nndiuhsefiiieiitly surveyed by the Grantees. U. C. if'..., Croverning lines declared, U.C. Proviso. Proviso. •t.ii; li' .J ^ . - 1 %• ^roviw. SURVEYS AND BOUNDARIES. hare bsen placed or planted in the original survey of such City, Town or Village, to designate or define any allowance for road or roads, street or streiets, lane or lanes, lot or lots, common or commons, shall be and the same are hereby declared to be the true and unalterable boundaries of all such roads, streets, lanes, lots and commons; and all Land Surveyors, when employed to make surveys in such City, Town or Village are hereby required to follow and pursue the same rules and regulations \q respect of such surveys as is by law required of them when employed to make surveys in Townships. • - ■ » XXXIV. And whereas many Townships, tracts or blocks of land iii Upper-Canada were granted by the Crown to companies and individuals before any surveys were made therein, and such Townships, tracts or blocks of land were afterwards surveyed by the owners thereof: Be it therefore enacted, That all such Surveys of such Townships, tracts or blocks of land in Upper-Canada, shall be and the same are hereby declared to be original surveys thereof, and to have the same force and effect as though the said original surveys and plans thereof had been made by the authority aforesaid ; and all allowances for roads or com- mons which have been surveyed in such Townships, tracts or blocks of land, and laid down on the plans thereof, shall be and the same are hereby declared to be public highways and commons: and all lines which have been run and marked in such original surveys, and all posts or monuments which have been planted or placed in such original sur- veys, to designate and define any allowances for road, concession or concessions, lot or lots of land, common or commons, shall be and the same are hereby declared to be the true and unalterable lines and boundaries of all such allowances for road, common or commons, lot or lots of land, and all land Surveyors, when employed to make surveys in such Townships, tract? or blocks of land, are hereby required to fol- low and pursue the same rules and regulations in respect of'^such Town- ships, tracts or blocks of land, and the original surveys thereof, as is by law required of them to follow and pursue in all Townships, tracts or blocks of land which have been surveyed by the authority aforesaid. XXXV. And be it enacted. That the course of the boundary line of each and every concession, on that side from which the lots are num- bered, shall be and the same is hereby declared to be the course of the division or side-lines throughout the several townships or concessions in Upper-Canada, respectively, provided always, that such division or side-lines were intended, in the original survey performed under such competent authority as aforesaid, to run parallel to the said boundary ; and all Surveyors shall and are hereby required to run all division or side-lines, which they may be called upon by the owner or owners of any lands to survey, so as to correspond with and be parallel to that boundary line of the concession in which such lands are situate, from whence the lots are numbered as aforesaid, provided" always, as afore- said, that such division or side lines were intended, in the original sur- vey performed under such competent authority as aforesaid, to run parallel to the said boundary ; Provided also, that when that end of a concession, from which the lots are numbered, is bounded by a lake or river, or other natural boundary, or when it has not been run in the original survey performed under such competent authority as aforesaid, or when the course of the division or side-lines of the lots therein was not intended in the original survey performed as aforesaid, to run par- allel to such Boundary, the said division or side-lines shall run parallel to the boundary line at the other extremity of such concession, provided their course was intended, in the original survey performed as aforesaid, to be parallel thereto, and that sucii boundary line was run in the origi- nal survey 5 Provided further, that when in the original survey, per- . »£ . SURVEYS AND BOUNDARIES. 233 formed under such competent authorityas aforesaid, the course of Ihe division or side-lines in any concession was not intended to be parallel to the boundary line at either end of such Concession, they shall be run at s'jch angle with the course of the boundary line '>' 'hat end of the said «oncession from which the lots are numbered, i . i^ stated in the plan and field-notes of the original survey, of record in the office of the Com- missioner of Crown Lands of this Province, provided such line was run in the original survey as aforesaid, or with the course of the bound- ary line at the other extremity of the said concession, if the boundary at that end of the concession from which the lots are numbered was not run in the original survey as aforesaid", or if neither of the aforesaid . "' . boundaries of the concession were run in the original survey, or if it be .. • i bounded at each end by a lake or river or other natural boundary, then * at such angle with the course of the line in front of the said concession, 'da is stated in the plan and field-notes as aforesaid : Provided neverthe- Provtao. less, that if any division or side-line between lots, or proof-line intended to be parallel to the division or side-lines between lots, shall have beea drawn in any such concession in the original survey thereof, the divi- sion or side-lines between the lots therein shall be drawn parallel to such division or side-line or proof-line ; and when two or more such division or side-lines or proof-lines have been drawn in the original survey of such concession, that division or side-line or proof-line which is nearest to the boundary of the concession from which the lots are i<. numbered, and shall govern the course of the division or side-lines of ; ;' all the lots in such concession between the boundary of the concession from which the lota are numbered and the next division or side-line or » proof-line drawn in the original survey, which shall govern the course of the division or side-lines of all the lots up to the next division or side-line or proof-line drawn in the original survey ; or to the boundary of the concession towards which the lots are numbered, as the case may be : Provided further, that in all those townships in Upper-Canada, Proviso, which in the original survey have been divided into sections, agreeably to an Order in Council bearing date the twenty-seventh day of March, one thousand eight hundred and twenty-nine, the division or side-lines in all concessions in any section shall be governed by the boundary lines of such section, in like manner as the division or side-lines in townships originally surveyed before the said day are governed by the . . , boundary lines of the concession in vrhich the lots are situate. • ' XXXVI. And be it enacted. That the front of each concession in any Township in Upper-Canada, where only a single row of posts has been planted on the concession lines, and the lands have been described in whole lots, shall be considered to be, and the same is hereby declared to be that end or boundary of such concession which is nearest to the boundary of the township from which the several concessions thereof are numbered : Provided always, that in those townships in Upper- Canada, which are bounded in front by a river or lake where no posts or other boundaries were planted in the original survey on the bank of such river or lake to regulate the width in front of the lots in the broken front concessions, the division or side-lines of the lots in such broken front concessions shall be drawn from the posts or other boundaries on the concession line in rear thereof, parallel to the governing line deter- mined as aforesaid to the river or lake in front: Provided also, that when the lineinfront of any such concession has not been run in the origi- nal survey, the division or side-lines of the lots in such concession shall be run from the original posts or monuments placed or planted on the rear line thereof parallel to the governing line determined as aforesaid to the depth of the concession — that is, to the centre of the space con- tained between the lines in fiont of- the adjacent concessions, if the ■. Si' fftr*f ■•.r-*. 111*? . -..it) .■■■■I ' unj.- • ■.•"•■ 'jviri ' ■ I ■ ' '.• ili W • • '■-Hi What 8I1.1II 1)6 deemed the front of a coneesaion in certain cases. U. C. Proviso: when the front Une of any concession was not run in the original sur- vey. iU ProNli of eoii- cetiionn in eer- Uin other eaies deptiM of lotf, *e. U. C. AileeoneeMions in csMi where alternate concea- ■ion lines only iMve been run. U.C. Rule when aline !• to be drawn parallel to a governing line. Caac where the original po»i or monument can- not be found pro- videdfbr. U.C. SDRVBY9 AND BOUNDAUIES. concessions "'erH intended in the original survey lo be of an equal depth, or if'.iiey were not so intended, then lo the proportionate depth intended in the original anrvoy, ad uhewn on the plan and field-notes thereof of record in the Office of tlie Commissionor of Crown Lands of this Province, having dun respect to any allowance for a road or roads nnade in the original survey ; and that a straight line joining tha e.\tremities of the division or side-lines of any lot in such concession drawn as aforesaid, shall be the true boundary of that end of the lot which has not been run in the original survey. XXXVII. And be it enacted. That in those Townships in Upper- Canada in which the concessions have been surveyed with double front.4, that is, with posts or monunier.ts planted on both sides of the allowances for roads between the concessions, and the lands shall have been described in half lots, the division or side-lines shall be dratrn from the posts at bo:h ends to the centre of the concession, and each end of such concession shall be, ati.l the same is hereby declared lo be the front of its respective half of such conue.^sion, and that a .straight line joining the e.xtremitie8 of the division or side-lines of any half lot in such concession, drawn as aforesaid, shall be the true boundary of that end of the half lot which has not been bounded ia the original survey. XXXVIII. And be it enacted. That in those Townships in Upper- Canada in which each alternate conceHsion line only has been run ia the original survey, but with double fronts as aforesaid, the division or side-lines shall be drawn from the posts or monuments on each side of such alternate concession lines to the depth of a concession, that is to the centre of the space contained between such alienate concession lines, if the concessions were intended in the original survey to be of an equal depth, or if they were not so intended, to the proportionate depth intended in the original survey, as shewn on the plan and field- notes thereof of record in the office of the Commissioner of Crown Lands of this Province ; and each alternate concession line as aforesaiil shall be and the same is hereby declared to be the front of each of the two concessions abutting theieon. XXXIX. And be it enacted, That every Land Surveyor, when and as often as he is employed in Upper-Canada to run any division-line or side-line between lots, or any line required to run parallel to any divi- sion-line or side-line in the concession in which the land to be surveyed lies, shall, if it has not been done before, or if it has been done, but the course cannot at such time be ascertained, determine by astronomical observation the true course of a straight line between the front and rear ends of the governing boundary hue of the concession or section, and shall run such division-line or side-line as aforesaid, truly parallel to such straight line, if so intended in the original survey, or at such angle therewith as is stated in the plan and field notes as aforesaid^ which shall be deemed to be the true course of the said governing or boundary line for all the purposes of this Act, although such governing or bound.ary-line as marked in the field be curved or deviate otherwise from a straight course ; and the E^ame rule shall be observed, if a line is to be run at any angle with a front line or other line, which may not be straight. XL. And be it enacted, That in all cases when any Land Surveyor shall be employed in Upper-Canada to run any side-line or limit be- tween lots, and the original post or monument from which such line should commence cannot be found, he shall in every such case, obtain the best evidence that the nature of the case will admit of, respecting such side-line, post or limit ; but if the same cannot be satisfactorily % SURYETS AND BOUNDARIES. aMertained, then the Surveyor shall measure the true distance between Ihe nearest undisputed posts, limits or monumenls, and divide suoh distance into such number of lots as the same contained in the original survey, assicning to each a breadth proportionate to thut intended in such original survey, a? shewn on the plan and field-notes thereof of record in the oftioe of the Commissioner of Crown Lands of this Province; and if any portion of the line in front of the concession in which such lots are situate, or boundary of the Township in which such concessions are situate, intended in the original survey to be straight, shall be obliterated or lost, then the Surveyor shall run a straight line between the two nearest points or places where such line can be clearly and satisfactorily ascertained, and shall plant all such intermediate posts or monuments as he may be required to plant, in the line so ascer- tained, having due respect to any allowance for a roud or roads, common or commons, set out in such original survey ; and the limits ot each lot so found shall be taken to be and are hereby declared to be, the true limits thereof ; any law or usage to the contrary thereof in any wise notwithbtaniling. XLI. And whereas many Towns and Villnges in Upper-Canada have Recital. been surveyed and laid out by companies and individuals, and by dif- ferent owners of the lands comprising the same, and lands have been sold therein according to the surveys and plans tliereof : Be it there- fore enacted. That all allowances for road, street or sheets, common or commons, wliioh have been surveyed in sucli Towns or Villages in Upper-Canada, and laid down on the plans tljercof, and upon which lots of land fronting on or adjoining such allowances for roail, street or streets, common or coininc'si, liave been sold to purchasers, shall be and the same are hereby deciareil to be public highways, street;? and commons; and all lines whicli have been run, ar^d the courses lliereoi' given in the survey of such Towns and Villages, and laid down on the plans thereof, a;i(l all posts or monuments which have been placed or planted in the first survey of such Towns and Villages to designate or define any such allowances foi rond, street or streets, lot or lots, common or commons, shall be and ihe same are hereby declared to be the true and unalterable lines and boundaries of all such allowances for such road, street or streets, lot or lots, f^ommon or commons, in such Towns and Villages, respectively : Provided always, that no lot or lots of land in such Towns and Villages, shall be so laid out as to interfere with, ob- struct, shut up, or compose any part of any allowance for read, common or commons, which was surveyed and reservcLl in the original survey of the Township or Townships wherein such Towns or Villages are or may be situate : Provided also, that any owner or owners of any such Towns and Villages, or the owner or owners of any oritrinal division thereof, shall have lawful right io amend or alter tlje first survey and plan of any snch Town or Village, or any original particular divis;on thereof, provided no lots of land have been sold flouting on or adjoining any street or streets, common or commons where >iioh alteration is re- quired to be made : Piovided also, that from and after the passing of this Act, no such private survey shall be valid, unless performed by a duly aulhorizud Surveyor. XLIJ. And be it enacted. That the original owner or owners of llie lands forming the site of any Town or ViJiage in Upper-Canada, men- tioned in the next preceding Section of this Act, or the agent or agents, heirs or other legal representatives of the original owner or owners of any such Town or Village, or any original division thereot^, shall, v.-ithin one year from and after the passing of this Act, make or cause to be made and deposited in the JReiTistry^OfHce of the County wherein such Town or Village is situate, a fair and correct plan or map of such Town 2Zli As to nllownnccR for rondorst'ceiB i.i 'I'owiisor Vil- IriijcB liiid out liy (irlvfiic iinrtica. U. <;. Proviso. Proviso. -■■1 Proviso. Ori:;iiial owners crtiieir lieir!>,&c. to dPpoEit plans 01' Towns, &c. Vii';!!:es laid o'Jt liyj'.eiii, U. C, 1 1 l1 ' i i I 236 Ptnn to be certi- fied. Penalty for nc(;- leet. Eflrectofpoynicnt or any (wnalty. Recovery and application or (icnaltieB. e Vic. c. 58. Duty of the Re- gistrar In whose office any rucIi plan sball be rie- poBiieil. U. C. As to lands in adjoining con- cessions includ- ed in the same grant. U. C. SURVETS AND BOUMDARIBS. or Villftge, or original division thereof, on a scale of not leM than an inoh to every four chains, and lay down thereon, or cause to bo laid down, thereon, all roado, streetn, lots and uomnnons within the same, with the courses and width of the roads, streets and commons, and the width and length of all lots, and the courses of all division-lines between the re- spective lots witnin the same, together with such information ns shbll «now the lot or lots, concession or concessions, tract or tracts, block or blocks of land of the Township wherwin such Town or Village shall be situate, and every such plan or map of every such Town or Village or original (''vision thereof, shall be certified by some Land Surveyor, and also by the original owner or owners thereof, or the legal represenlaiivo or representatives of such owner or owners, as being a correct plan or map of the same ; and every copy of such jilan or map obtained from sucn Registry Oflice, and certified as correct by the Registrar of such County, shall betaken as evidence of the original plan ami survey of such Town or Village in all Courts of Record; and if any such owner or owners of any such Town or Village, or any original division thereof, or their agents, heirs, or other legal representatives, shall refuse or neg- lect to make or cause to be made, any such plan or map of any such Town or Village, or original division thereof, and deposit the same in a Registry Otfice of the County wherein the same is situate, within one year from and after the passing of this Act, he, she, or they shall forfeit and pay for such refusal or neglect, the sum of two pounds ten shillings, and a like sum for "" ;y year thereafter until such plan or map shall be made and deposited in the Rogisliy OfFice of the County wherein the same is situate ; and the payment of any such penalty or penalties shall not be held to free or di^':harge such owner or owners, their agents, heirs or other legal representatives, from any such penalties which may not have been paid at the time of such payment ; and all such penalties, fines, and forfeitures may and shall be collected in the same manner and applied to the same purposes as like penalties, fines and forfeitures are required to be collected and applied imder and by authority of the sixth and seventh Sections of the Act passed in the eighth year of Her Majesty's reign, and intituled, An Act to declare certain Lands in Upper- Canada liable to Assessment, and to oblige the owners oj such Lands to make Returns thereof to the District Treasurer. XLIII. And be it enacted, That whenever any such plan or map of' any such Town or Village, in Upper-Canada, or original division there- of, shall be made and deposited in the Registry Office of the County wnerein the same shall be situate, it shall be the duty of the Registrar of such County to make a record of the same, and enter the day and year on which the same shall be deposited in his office; and for such service the said Registrar shall be entitled to charge the same fees, and no more, than are by law established for making a record of any other document, whicli is by law required to be entered of record in such of- fice ; and such Registrar shall thereupon keep a separate book for the registering of thle deeds of lands situate in such Town or Village, in the same manner as is by law required for registering of title deeds for lands situate in Townships. XLIV. And for avoiding all doubt as to the application of the forego- ing enactments in the cases hereinafter mentioned : Be it declared and enacted, That in all cases where any Letters Patent of grant, or other Instrument, has issued for several lots or parcels of land in Upper-Ca- nada, in concessions adjoining each other, the side-lines or limits of the lots or parcels of land therein mentioned and expressed, shall commence at the front angles of such lots or parcels of land respectively, and shall be run as hereinbefore provided, and shall not continue on in a straight line, through several concessions, unless the side-lines or limits, when ■:>k4: I •v lot lew than an inch Be 10 bo laid tlowiij the same, witli the s, and the width and es between the re- information nn shall t or tracts, block or I or Village shall be Town or Village or Land Surveyor, and legal representalivo ng a correct plan or map obtained from \e Registrar of such plan and survey of II if any such owner inal division thereof, , shall refuse or neg- or map of any such eposit the same in a J situate, within one I, or they shall forfeit pounds ten shillings, plan or map shall be County wherein the illy or penalties slmll )wner8, their agents, penalties which may ,nd all such penalties, in the same manner , fines and forfeitures d by authority of the le eighth year of Her rtain Lands in Upper- oj such Lands to make such plan or map of ^ iginal division there- Office of the County duty of the Registrar jd enter the day and 6 office ; and for such |e the same fees, and a record of any other of record in such of- separate book for the Town or Village, in ring of title deeds for ication of the forego- } I Be it declared and .ent of grant, or other of land in Upper-Ca- j-lines or limits of the ssed, shall commence 3spectively, and shall itinue on in a straight lines or limits, when \ SURVEYS AND DOUNDARIEB. run as aforesaid, iihall inter(>ect the corresponding post or monument in he front of the concession next in roar, that in to say, each such lot or parcel of land shall be surveyed and bounded according to the provi> sions of this Act, independently of the other lots or parcels mentioned in the same grant or instrument. XLV. And be it enacted, That each and every Land Surveyor in Upper-Canada shall keep exact and regular journals and field-notes of all his surveys, and file them in the order of time in which the said surveys have been performed, and shall give copies thereof to the par- ties concerned when so required, for which he shall be allowed the sum of five shillings currency, for each copy, if the number of words there- in do not exceed four hundred words, uut if the number of words therein exceed four hundred, ho shall be allowed six pence additional for every hundred words therein, over and above four hundred words. XLVI. And be it enacted. That for bette^>a8certaining the original limits of ony lot, concession, range, township or tract of land in Upper- Canada, every Land Surveyor acting in that portion of this Province, shall be and he is hereby authorized and required to administer an oath or oaths to each arul every person whom, he may examine at any tiiua concerning any boundary, post or monument, or any original land mark, line, limit or angle of any township, concession, range, lot or tract of lana which such Snrveyor may be employed to surrey. \L\U. And be it enacted, That all evidence to be taken by any Surveyor as aforesaid, in Uf per-Canada, shall be reduced to writing, and shall be read over to the person giving the same and signed by such person, or if he cannot write, he shall acknowledare the same as correct Defore two witnessesj who shall sign the same with the Surveyor ; and suoh evidence shall, and 'any document or plan prepared and sworn to as correct before a Justice of the Peace, by any Surveyor, with reference to any survey by him performed, may be filed and kept in the Registry Office of the County in which the lands to which it relates shall be situ- ate, subject to be produced thereafter in evidence in any Court of Law or Equity within Upper-Canada; and for receiving and filing the same, the Registrar shall be entitled to one shilling and three pence currencyj anikthe expense of filing the same shall be borne by the parties in the flame manner as other expenses of the survey. XLVIIL And be it enacted, That if any person shall, in any part of this Province, wilfully swear or affirm falsely concerning any matter ith regard to which an oath may be required under this Act, such per- son shall be deemed guilty of wilful and corrupt perjury, and being thereof convicted before any competent Court shall be liable to be pu- nished accordingly. XLIX. And be it enacted, That if any action of ejectment shall be brought against any person or persons, wfio, after any line or limit shall have been established according to this Act, in Upper-Canada, shall be found, in consequence of unskilful survey, to have improved on lands not his, her or their own, it shall and may be lawful tor the Judge of Assize, before whom such action shall have been tried, to direct the Jury to assess such damages for the defendant or defendants for any loss he, she or they may sustain in consequence of any improvement made !^fore the commencement of such action, and also to assess the value *i|f the land to be recovered ; and if a verdict shall be found for the plain- liffor plaintiffs, no Writ of Possession shall isaue until such plaintiff or ilaintiffs shall have tendered or paid the amount of such damages as foresaid, or shall have offered to release the said land to the defendant, rovided the said defendant should pay or tender to the plaintiff the va- e of the land so assessed, before the fourth day of the ensuing term. R 237 fnrrtyon \n V. V. 10 kwp rFfiu- Inr JoMrniiU Hnd (lel(l>iioini, unil fiirniiheoplet to pnriief inwreii- ed. Purveyor* In U. C. Miny odinlnlx- ter onthi for cer- tain purpowt. Bvidence taken hv ^^urveyor■ in iJ. C. to be re- diired lo writinx and signed ( k-c. Wilful fhiM ■wearing under thii Act to be perjury. Aa lo eaiea In U. C. where from unsidlful purvey a parly may have im- proved tandaaf- lerwardt found to >)elongtohia neighl)our. ■•A\ J 238 Plaintiff not to have coHtB ill 8ucli cui>e8 from tlie tune derencl- nutotrerij lu )>ive up the Iniidii on receiving tlie va- lue of hi8 im- provemeiiti, tta- ting tlie (lUiount. Uniesi tiMi Jury shall aHseea the iiiiproveinenta at leu than the sum demanded. Proviso; that no proof of I'lain- tiflf 's Lessor's title be required. IMPERilAL DUTY ON TAYERN LICENSES. L-. And be it enacted, That rom and after the passing of this Act, itl* all cases in which the Jury before whom anv action of ejectment shall be tried in Upper-Canada, shall assess the damages for the defendant as provided in the next preceding section, for improvements made upon land not his own, in consequence of unskilful survey, and when it shall be' satisfactorily made to appear that the defendant does not contest the plaintiff's action for any other purpose than to obtain the value of th& improvements made upon the land previous to the alteration and esta blishing of the lines according to aw, it shall and may be lawful for k'. the Judge before whom such action shall be tried, to certify such fact upon the record, and thereupon the defendant shall be entitled to the costs of the defence, in' the same manner as if the plaintiff had been non-suited on the trial, or, a verdict rendered for the defendant; provided the defendant shall, at the time of entering into the consent rule, have given notice in 'writing to the lessor or lessors of the plaintiff in such ejectment, or to his Attorney named on the Writ or declaration of the amount claimed for such improvements, on payment of which amount the defendant or person in possession will surrender the possession to such lessor or lessors, and that the said defendant does not intend at the trial to contest the title of the lessor or lessors of the plaintiff; and if such notice shall on the trial be found not to have been given as afore- said, OP if the Jury shall assess for the defendant a less amount than that claimed in the notice, or shall find that the defendant has refused to sur- render possession of the land claimed, after tender shall have been made of the amount claimed, then in any of such cases the Judge shall not certify, and the defendant shall not be entitled to the costs of the defence, but shall pay costs to the plaintiff; any thing herein contained to the contrary notwithstanding ; Provided always, that upon the trial of any -such cause no evidence shall be required'to be produced in proof of the title of the lessor or lessors of the plaintiff. f-'" TAVERN LICENSES.-t THE IMPERIAL DUTY. vifti ..CI .... ^ , ... '^" U' r--.- r* (KTDi; ACT 13 §• 14 VIC, CAP. 65, PAGES 185 to 188.) •_'! > ...■! • EXTRACT FROM A CIRCULAR FROM THE INSPECTOR GENERAL'S '^ .!' ;C V DEPARTMENT TO REVENUE INSPECTORS, '^' Dated ntk February, 1851. | Imperial Act, 14 ** Some doubtff appearing to be entertained by the Revenue In- iieo. III. cap. 88. gpectors and others as to what amount in Currency is to be taken by them for the duty of 36s. sterling, on each Tavern License imposed hj the Imperial Act 14, Geo, 3, cap. 88. I am directed to refer you to the 3rd clause of the Provincial Act, 3 & 4 Vic, cap. 93, regulating the Currency of this Province, by which ' • it is provided '* that nothing in this Act shall affect the meaning to be " affixed to the words ** Sterling," " Sterling Money of Great Britain," or " other words of like import in any law in force in this Province, or any ** part thereof, when this Act shall come into force, or in any contract or j « agreement then made therein, but any such law, contract, or agreement ISES. ng of this Act, ill* i ejectment shall "or the defendant ments made upon d when it shall be is not c(.ntest the n the value of the Iteration and esta- may be lawful for certify such fact be entitled to the plaintiff had been jfendant; provided consent rule, have le plaintiff in such • declaration of the t of which ainount r the possession to es not intend at the he plaintiff; and if )een given as afore- 3SS amount than that t has refused to sut- ler shall have been ases the Judge shall d to the costs of the ing herein contained that upon the trial of produced in proof of SES. Y. }ES 185 to 188.) :T0R GENERAL'S ITORS, IMPERIAL DUTY ON TAVERN LICENSES. " shall be construed according to the intention of the Legislature, or of " the parties who made the same, &c." As at the time the Provincial Act above cited came into operation, the Act of the Imperial Parliament 3 Geo. 4, was in force in this Province, and 36s. sterling was then equivalent to 40s. currency, there- fore this latter sum is the amount of duty to be exacted by you on each Tavern License, as imposed by the Imperial Act abovementioned; over and above which you are also to receive payment of such amount of additional duty as may be imposed by any Municipality, within the County or Counties in which you act. 239 Imperlnl ^Wf, 4Ua. Currency. jy the llevenue In- y is to be taken by License imposed by the Provincial Act, Is Province, by whicli the meaning to be of Great Britain," or (this Province, or any I or in any contractor! fcontract, or agreement m PftliNXED Uy HUGH SCOBIE, KING STREET, TORONTO. MiMMM 7« < ■■ ;;jj*5'iv • ..,t .*: .•i; ''■■\ ai '! !ii <0 SECOND SUPPLEMENT TO THB MUNICIPAL MANUAL. CORPORATIONS AMENDMENT ACT. ACT 14 &• 15 VIC.y CAP. 109. in Act to amend the Upper Canada Municipal Corporations Act of one thousand eight hundred andjorty-nine, by adapting the same to the late change in the Upper Canada Assessment Laws, and for other purposes relating to the Municipal Corporations of that section of the Province. ,'| [30th August, 1851.] "HEREAS from the • , change in the Laws for the Assessment preamble, of Property for lev ./poses in Upper Canada, it has become kecessary to make some cot responding alteraiions in those for the ptablishment and regulation of the Municipal Corporations of that sec- )n of the Province, the better to adapt the same to such change, as sll as to make some further provisions with respect to such Municipal irporations : Be it therefore enacted, &c., That nothing in that part of e eleventh section of the Act passed in the last Session of Parliament, laptered sixty-seven, and intituled. An Act to establish a more equal )d just system of Assessment in the several Tovmships, Villages, Towns |d Cities in Upper Canada, which requires that the sums which shall f required by Law or by any By-law of any Township or County, for iy lawful purpose, shall and may be taxed, rated and raised, upon Liimate of the amount required for any such lawful purpose, for each |ar in which such tax is to be levied, shall affect or be construed to 8ct or apply to By-iaws for creating or contracting such debts or loans ire referred to in and by the one hundred and seventy-seventh sec- i of the Upper Canada Municipal Corporations Act of one thousand Jht hundred and forty-nine, when passed in the manner prescribed that section as modified by the provisions of this Act, or to any By- rs relating to the same. [n. And whereas, in consequence of the said change in the said Recsui. Wssment Laws, the rates imposed for the payment ana satisfaction of Dts and loans, heretofore incurred or contracted by Municipal Cor- "ations, and Provisional Municipal Corporations in Upper Canada, ^er the provisions of the said one hundred and seventy-seventh' Ition of the said Act, will, unless altei-ed, produce a much larger bal amount of money than will he necessary for the payment and Isfaction of such debts and loans, with the interest thereof, within time originally stipulated for that purpose, according to the prori- 18 of the said one hundred and seventy-seventh section; and reitheless, such Corporations are by the said Act precluded from lessening such rate or applying any part of the proceeds theieof Certein part of the 11th neet. of 13 & 14 Vict. c. 07, not to affect certain By-laws for creating or contracting debta or loans refened to in the 171th sect, of the U. C. Municipal Cor- poration* Act of 1849, or any By- laws relating thereto. .»'i.»H.1 tmmmm 242 Corporation em- jiowered to make within a certniii time, a By-Iiiw by which a new ■pecial rate Tor the payment of ilubt or loan may Iwiiibiiitiiteil ill lieu or the old special ratu. New gpecinl rate not to be discon- tiRued until debt, &c ..be fully paid. Provi«a. Tt ^viDO. Proviio. ' CORPORATIONS AMENDMENT ACT, 1851. till after such payment anti satisfaction, to any other purpose whatso- ever ; And inasmuch as the increased amount collected upon such rates will arise, not from the gradual growth of wealth and population within the juiisdiction of such Corpoialions respectively, but in consequence of an Act of the Legislature, extending the basis upon which such rates are made lo operate, public faith, witli the respective creditors of such Corporations, will not be violated by permitting such Corporations to substitute for such original special rates, new special rates, adequate to insure, under the provisions of the said new Assessment Law, the pay- ment and satisfaction of such debts and loans, at the times originally stipulated for the payment and satisfaction thereof, within the twenty years limited by the said one hundred and seventy-seventh section of the said Act for that purpose ; Be it therefore enacted, That with respect to any debt or loan, which shall have been lawfully incurred or con- tracted by any such Corporation according to the said one hundred and seventy-seventh section of the said Act, previous to ihe first day of January, which will be in the year of our Lord one thousand eight hundred and lifty-two, it shall and may be lawful for any such Corpor- ation at any time within two years from that day, to pass a By-law, substituting a new special rate for the payment and satisfaction of any such debt or loan, in lieu of the old special rate originally imposed for that purpose, such^new special rate, according to thaamount of rateable property in the County, or United Counties, City, Town, Township or Village over which such Corporation shall have jurisdiction, as such amount shall have been ascertained by the Assessment Returns for such County, City, Town, Township or Village, for the financial year next preceding that in which the By-law for the substitution of such new special rate in lieu of the old one, shall be passed, being I sufficient to satisfy and discharge such debt or loan, whh the interest i thereof, within the twenty years limited by the said section for that . purpose, and on the days and times, and in the manner stipulated by [ such original By-law, and by the Bills, Bonds, Debentures, or other i- Obligations issued under the authority thereof for the payment of the same ; and it shall not be competent for any such Corporation to repeal j such By-law for such new special rate, or to discontinue such new I special rate until such debt or loan, and the interest thereof, shall be fully paid, satisfied and discharged, nor to apply the proceeds thereof or I any part thereof, lo any other purpose, until the full payment,. satisfat>- tion and discharge of the same, with the interest thereof: Provided always, nevertheless. Firstly, — That in every such case, the twenty j years limited by the said one hundred and seventy-seventh section of the said Act shall, as far as it may affect the amount of such new special rate, be reckoned from the time that the original By-law for the incurring or contracting of such debt or loan shall, by the terms of such origin^ By-law, or otherwise according to Law, have taken effect and gone | into operalion, and that in all other respects the several provi?ionEof the said Upper Canada Municipal Corporations Act of one thousand 1 eight hundred and forty-nine, and of this Act, respecting original By-I laws for creating or contracting debts or loens by such Corporations, shall apply to all such By-laws for substituting new special rates in lieu of the old ones, as if such last mentioned By-laws nad been for creating or contracting such debts or loans originally ; Provided also, Secondly, — ^That no such By-law for substitutinsr any such new special rate for the old one, shall oe of any force or effect whatsoever, until the sanio '\ shall have been approved by the Governor of this Province in Council; an provided with respect to certain other By-laws by the twelfth section of this Act ; And provided also, Thirdly,--That before any such By-ItV •hall be so approved by the Governor in Couaeil, the facts upon whicb CORPORATIONS AMENDMENT ACT; 1851. 243 Fuch By-law fthall be founded, shall be verified to the satisfaction of the Governor in Council, in a similar matiner to that provided for by the thirteenth section of this Act, with respect to the By-laws to which that . ■ , section applies, and all the provisions of the said last mentioned section shall apply to all By-laws to be passed under the authority of this '^ ,' section. ,, III. And be it enacted, That the time limited by the one hundred and The time limited eighty-second section of the said Upper Canada Municipal Corporations ''^1''^*^ •"• Act of one thousand eight hundred and forty-nine, for the different nicipai Corpol?"- Municipal Corporations therein mentioned, to pass By-laws providing {.'ong Actof ie», for the liquidation of any such debt as in the said one hundred and lowi^foM'quida. eighl)'--second section, of the said Act is mentioned, shall be and the tionof debt,ex-* same is hereby extended to the first day of January, which will be in ""<*««'• the year of our Lord one thousand eight hundred and fifty-three, and to ' ■ ' such further day thereafter as the Governor of this Provice, by Procla- mation under the Great Seal thereof, issued either before or after that (lay, or any fiihher day to which such time may be so extended, may from time to time think fit to appoint: Provided always, nevertheless, ProTito. (hat nothing herein contained shall be construed to extending the time for payment, or providing for the payment, of any such debts to a period beyond the time therein limiied for that purpose, that is to say, within twenty years from the first day of January, one thousand eight I hundred and fifty-one. I IV. And be it enacted. That in every By-law to be hereafter passed What shall »« get by any Municipal Corporation, or Provisional Municipal Corporation in to"e pawd'for* [Upper Canada, for creating a debt or contracting a loan upon the credit creating a debt, [of the County or United Counties, City, Town, Township or Village, of freditTAhlT rhich there are such Corporation, there shall be recited or set forth, by county, &., 4ft. ray of preamble to the same : — First, the amount of such debt or loan, l^nd in some brief and general terms the object for which the same ras created or contracted ; Secondly, the amount recjuired to be raised mnually, according to the one hundred and seventy-seventh section of ?* The IJpper Canada Municipal- Corporations Act of one thousand sight hundred and forty-nine," as a special rate for the payment of such lebt or loan, and the interest thereof, within the time thereby limited For the satisfaction and discharge of all such debts and loans, at the Jays and times when the same shall become payable, according to such ly-law ; Thirdly, the amount of the whole rateable property of such ^unty, Union of Counties, Cities, Town, Township or Village, Jcording to the Assessment Returns for the same, for the then next Preceding financial year ; and, Fourthly, the annual rate in the Pound Ipon such rateable property required as a special rate for the payment N the said interest, and for the creation of a Sinking Fund for the layment of the principal of such debt or loan, according to the require- aents of the said one hundred and seventy-seventh section of the said ^ct ; which amounts shall be ascertained, irrespective of any future ncrease of the rateable property of such County, Union of Counties, lity, Town, Township or Village, and also irrespective of any income, hether in the nature of tolls, interest or dividends, to accrue or be ^rived from any public or Corporation work, or any stock, shares or fterest in any such work, in or upon which such debt or loan, shall o^ lay, by such Municipal Corporation, be invested or applied, or any irt thereof, and also irrespective of any income to be derived from the> ^mporary investment of such Sinking Fund, or any part thereof,, irsiiant to the provisions of the said one hundred and seventy-seventlv iction of the said Act. V. And be it enacted, That it shall and may be lawful for a^if luch Cbrnoratim. in lonicipal Corporation^ or Provisional Municipal Corporatioii^ Vk anjr By-<*w. ««y 'ti- ,^:i. 244 nual lurplui of income to be de- rived from cer- tain work!, Ste,, ■tiall be applied to payment of debt. rorporailon how further to apply uioucye. Proviso. Corporation bound 10 have two separate ac- couiitg Icept in their books, one for every specinl rate, and one for sinking fund, &c. After due appli- cation of nioiieyi to interest and Hinkingfund .ip- proprintion of any loan or debts, how the ninoniii - 'i\ .;. 1851. for that purpose, if surplus of income srporalion work, or after payment oui Buch work, stock, satisfaction of such all be contained in oan, it shall not bo 1 such provision, or payment and satis- an, and all interest large J. lawful for any such ■poration, from time easury belonging to iship or Village, not va v*icb they may collect for that pui- : Provided always, nee by Order or By- shall thereafter, on ed or applied to any an, and all interest schavged. jry such Corpoiation, shall be kept, one for Fund of such debt or I nts in 5»nch books by luch debt or loan was I others that may be 1 times to exhibit the leys raised, obtained, | regular application of glrurid appvopriation i count, and bow to be applied. When and bow Ibe Corporation may frame and pail a By-law providing for the levying of a cer- tain reduced rate for any year, in a certain caie. %. 8ueh By-law, when approved by Governor, bow to apply. -%'- !,i 246 c^poration nMf , inaceruineaie, ■ubciiiutaan An- Ueipatory Ap- iwopriation in lien oflhe annual ■peclal rate, by applyiog certain aioneya to the payment of the inlereat and link- inR fund appro- priation of debt or loan for any ■Hbsequent finan- cial year. Source! of tlie amounia forming the aggregate of ■uch Anticipa- tory Appropria- tion to be diatin- guiihed in by- law or order. Aa alio the amount to be ap- plied for the in- lecett, and that tj be applied for^ unking fund. Slums how to be carried. Corporation har- ing made auch Anticipatory Ap- propriation, may Ity By-law direct the original spe- cial rate not to be levied for saeh subsequent year ; such By- law to recite eeruia things. CORPORATIONS AMENDMENT ACT, 1851.' original special rate for such particular 8ub8er;uent year, and all the prorisions of such original By-law shall apply to such reduced rate as if it had been the rate originally imposed by such original By-law. XI. And be it enacted,, That when any such debt or loan shall hare been created or contracted by any such Municipal Corporation or Pro- visional Municipal Corporation, and all the necessary provisions for providing for and securing the payment and satisfaction thereof duly made according to the requirements of " The Upper Canada Municipai Corporations Act of one thousand eight hundred and forty-nine,*' *< Th« Upper Canada Municipal Corporations Law .Amendment Act of one thousand eight hundred and filty," and this Act, if at any time there- after it shall be deemed expedient by such Municipal Corporal ion, or Provisional Municipal Corporation to substitute an Anticipatory Appro- ftriation for the interest and Sinking Fund appropriation of such debt or oan for any particular financial year subsequent to that in which such Anticipatory Appropriation f>hali be made as hereinafter provided, iu lieu of the annual special rate for such subsequent year, applicable to the payment and satisfaction of the annual interest and Sinking Fund appropriation of such debt or loan for such bubsequent year, it shall and may be lawful for such Municipal Corporation, or Provisional Municipal Corporation, to make such j^ nticipatory Appro[)riaiion by appropriating and applying to the payment and satisfaction of the interest and Sinking Fund appropriation of such debt or loan for such subsequent year ; Firstly, any moneys that may remain at the credit of the special rats account of such' debt or loan beyond what may be necessary to meet all other similar Anticipatory Appropriations from such special rata account, and beyond also whatever may be necessary to meet the interest of such debt or loan for the year next subsequent to that in which such Anticipatory Appropriation shall be made as hereinbefore provided ; Secondly, any surplus of annual income derivetl from any such work, stock, shares or interest, and then applicable to the aug- mentation of the Sinking Fund of such debt or loan as hereinbefore provided and not already appropriated ; Thirdly, any moneys derived from any temporary investment of such Sinking Fund or of any part thereof not already appropriated for any particular year ; Fourthly, any moneys that such Municipal Corporation, or Provisional Municipal Corporation may, by additional rate or otherwise, have raised for the purpose of any such Anticipatory Appropriations, and not then already appropriated to any particular debt or loan for any particular year ; ancL Fifthly, any other moneys of such Municipal Corporation or Provisioniu Municipal Corporation then in the Corporation Treasury and unappro- priated, or any of such moneys, distinguishing in their By-law or Order for such Anticipatory Appropriation, the several sources of the amount forming the aggregate of such Anticipatory Appropriation respectively, and distinguishing in like manner, the amount of such Anticipatory Appropriation to be applied for the interest, and that to be applied for j the Sinking Fund appropriation of such debt or loan for such subse- i quent year respectively ; and to cause such sums to be carried to the credit of the Sinking Fund account of the debt or loan which shall be I the object of such Anticipatory Appropriation, to be applied accord- - ingly. XII. And be it enacted, That it shall and may be lawful for any | Municipal Corporation or Provisional Municipal Corporation which by By-law or Ordei shall have made any such Anticipatory Appropriation as is provided foi by the next preceding section of this Act, by a By- law to be passed by them for that purpose, and reciting or setting forth I by way of Preamble to such last mentioned By-law ; First, the original amount of such debt or loan, and by some brief and general terras the object for {which the same was created or contracted ; Secondly, the 861." ar, and all the reduced rale ae nal By-law. loan nhall hate rporation or Pro- y provisions for tion thereof duly anada Municipal ty-nine," '♦The neiit Act of one any time there- il Corporation, or ticipatory Appro- n of such debt or lat in which such ifler provided, iu ear, applicable to jnd Sinking Fond year, it shall and risional Municipal 1 by appropriating terest and Sinking subsequent year; of the special rate necessary to meet such special rate ssary to meet the ibsequent to that m kde as hereinbefore e derivetl from any blicable to the aug- )an as hereinbefore ny moneys derived •und or of any parl ir year; Fourthly, oviaional Municipal have raised for the nd not then already articular year ; ancL ration or Provisional jasurv and unappro- lejr By-law or Order urces of the amount .rialion respectively, ,f such Anticipatory , hat to be applied for oiin for such subse- 10 be carried to the loan which shall be I be applied accord- ly be lawful for any lorporation which by Ipatory Appropriation | of this Act, by a By- ,itin<» or settins! fortn iv; First, the original Id general terms the kcted ; Secondly, the CORPORATIONS AMENDMENT ACT, 1861. 247 amount of the annual Sinking Fund appropriation for the payment and satiafaciion of «ucb debt or loan ; Thirdly, the amount of such debt or loan, if any, which shall have been already paid or satisfir ■ : Fourthly, ^ the amount of the Sinking Fund appropriations belonging lo such debt or loan then on hand for the payment and satisfaction thereof, distin- (iruishing the amount thereof in cash in the Corporation Treasury, and the amount temporarily invested, pursuant to the one hundred and i, •eventy-seventh section of the Upper Canada Municipal Corporations Act of one thousand eight hundred and forty-nine ; Fifthly, the amount ' required to meet the interest of such debt or loan, or of so much thereof as shall not have been already paid and satisfied for such subsequent year; and Sixthly, that there had been appropriated and applied by Kuch Corporation, a sum of money equal to the amount of interest and Sinking Fund appropriation required for such year, to meet such interest and Sinking Fund appropriation, and that they had caused the same to be carried to the credit of the Sinking Fund account of such debt or loan, lo be so applied accordingly, — to direct the original special rate imposed for the payment and satisfaction of* such debt or loan and the interest thereof, not to be levied for such particular subsequent year for which such Anticipatory Appropriation shall have been so made aa aforesaid ; and upou such last mentioned By-law being approved by the By-law lubjtct Governor of this Province in Council, such original special rate shall to the Oovernoi'i not nor shall any part thereof be 'raised, levied or collected under such "PP'*""'- original By-law or otherwise in or for such particular subsequent year, any thing in the said, " The Upper Canada Municipal Corporations Act of one thousand eight hundred and forty-nine," "The Upper Canada Municipal Corporations Law Amendment Act of one thousand eight hundred and fifty," or in this Act to the contrary thereof notwith- standing. XIII. And be it enacted, That before any such last mentioned By- Pacu required w law, or any other By-law^ requiring such approval, shall be approved by |5f^''|f bi",erN the Governor in Council as required by the next preceding Section of fled* this Act, the facts therein required to be recited or set forth by way of Preamble to the same, shall be verified upon oath or affirmation to be taken before a Justice of the Peace or Alderman having Magisterial ^risdiction within the territorial limits of such Corporation, by the Head of such Corporation, the Chamberlain or Treasurer and Clerk By whom. thereof for the time being, and also by the further testimony on oath or affirmation, to be taken in like manner, of the same and such other parties or persons as may be required by the Governor in Council, and be sufficient to satisfy him of the truth of such recitals : Provided ProvJao. always, nevertheless, that in case of the death or absence of any such Municipal Officer, it shall and may be lawful for the Governor in Council, if he shall think fit so to do, to accept the oath or affirmation of any other Member of such Corporation, in lieu of that of such .,, Officer so dead or absent as aforesaid. XIV. And be it enacted. That where any such original By-law may Oorporation have been passed by any such Municipal Corporation or Provisional Xai Briaw*'n Municipal Corporation, for creating any debt or contracting any loan certain cbbci. under the one hundred and seventy-seventh section of the said Munici- pal Corporations Act of one thousand eisfht hundred and forty-nine, it "nail and may be lawful for such Municipal Corporation or Provisional Municipal Corporation, notwithstanding any thing in the said section contained, to repeal such By-law at any time before the creating of any part of such debt or the contracting of any part of such loan, and the actual issue of the Bills, Bonds, Debentures or other Obligations of such Municipal Corporation, or Provisional Municipal Corporation, for the ./ vme. '::r / ^ 248 WImii eerUin pirM of original by-law may be rapaalfld. Proviio. Proviio. Proviio. No by-law for creating any debti fcc.t under the 177tb lect. of the U. O. Muni- cipal Corpora- tion! Act of 1840, to be paued ex- cept at a toeeting of Corporaiion ■peciallv called for, held at a cer- tain time. Notice of meeting to be published. Proviio. Form of Notice. CORPOBATIONS AMENDMENT ACT, 1851. XV. And be it enacted, That where anjr such By-law may ha?a been passed by any such Municipal Corporation or Provisional Munici- p^"* 'Corporation for creating* any debt or contracting any loan under the One hundred and seventy-seventh section of the saiu Upper Canada Municipal Corporations Act of one thousand eight hundred and forty- nine, it shall and may be lawful for such Municipal Corporation or Provisional Municipal Corporation, notwithstanding any thing in the said section contained, at any time after a part of such debt or loan shall have been created or contracted, and the Bills, Bonds, Debentures or other Obligations of such Municipal Corporation or Provisional Muni- cipal Corporation shall have been actually issued for the same, and before the residue of such debt or loan shall have been so created or contracted, and such Bills, Bonds, Debentures or other Obligations actually issued for the same, by any By-law to be passed for that pur- pose, to repeal such original by-law so far as the same relates to such residue or any part thereof, and the proportionate part of the original special rate imposed for the payment and satisfaction of such residue or such part thereof; Provioed always, nevertheless, Firstly, that every such last mentioned repealing By- law, by a clause to be inserted therein, shall be appointed to take enect and come into operation on the thirty- first day of December in the year in which the same shall be passed, and not before, and shall not in any way affect any rates due or penalties incurred previous to such day : And provided also. Secondly, that no auch last mentioned repealing By-law shall be of any force or effect whatsoever, until the same shall have been approved by the Governor of this Province in Council, as provided with respect to certain othtr By-laws by the twelfth section of this Act j And provided also. Thirdly, that before any such last mentioned repealing By-law shall be so ap- proved by the Governor in Council, the facts upon which such By-law shall be founded shall be verified to the satisfaction of the Governor ia Council, in a similar manner to that provided by the thirteenth sectioa of this Act with respect to the By-laws to which that section applies, and all the provisions of the said last mentioned section shall apply to all By-laws to be passed under the authority of this section. XVI. And be it enacted, That no By-law for creating any debt or contracting any loan under the one hundredth and seventy-seventh sec- tion of ''The Upper Canada Municipal Corporations Act of one thousand eight hundred and forty-nine," shall be passed, except at a meeting of the Municipal Corporation or Provisional Municipal Corporation, spe- cially called for the purpose of considering the same, and held at least three calendar months after a copy of such By-law, at length, as the same shall be ultimately passed, together with a notice of the day appointed for considering the same, snail have been published in some public newspaper, published weekly or oftener, within the territorial jurisdiction of such Corporation, or if there be no such public newspaper fmblished within such jurisdiction, then in such public newspaper pub- ished nearest to such jurisdiction : Provided always, nevertheless, that the notice of such meeting to be appended to every such copy for the purpose aforesaid, shall and may be to the efftot following, that is to say: " Notice : — The above is a true copy of a proposed By-law to be taken '* into consideration by the Municipality of the Township of A, in the *' County of B, one of the United Counties of B, C and D, at , '' in the said Township, on the day of , 185 , at noon, at which time and place «'the o'clock in the TheproviiioHOf ihii Act reipeet- " the Members of the said Municipality are hereby required to attend ''for the purpose aforesaid. G. H., Township Clerk.** XVII. And be it enacted, That in every case in which there shall ■:; A 851. ■law may lia^* 'isional Munici- f loan under the Upper Canada idreu and forty- i Corporation or ,ny thing in the ich debt or loan mda, Debentures ro visional Muoi- rthe same, and }en 80 created or )ther Obligations ssed for that pur- fie relates to such rt of the original n of such residue Firstly, that every e inserted therem, tion on the thirty- 3 shall be passed, Bsdue or penalties Secondly, that no my force or effect d by the Governor ct to certain other rided also. Thirdly, aw shall be so ap- (vhich such By-law of the Governor la 3 thirteenth section lat section applies, jtion shall apply to section. eating any debt or venty-seventh sec- Act of one thousand ept at a meeting of Corporation, spe- , and held at leasi , at length, as the notice of the day I published in soine ithin the territorial 1 public newspaper lie newspaper pub- nevertheless, that y such copy for the wingjthatistosay: By-law to be taken nship of A, in the "'*"''" ,185 .1 lich time and place required to attend I^ToiimsMp CUrh.^^ ; which there shall CORPORATIONS AMENDMENT ACT, 1851. not be more than two persons at the least qu:' at ions of such uiuire, and the tilled to recover ar Counties, all 1 pay upon any \s for so much , Senior County indby virtue of ,nd by the •aid Junior County oporiion of such issolution of any y any By-law of nent or satisfac- ided by the one inal Corporations by this Act, shall be so separated. ,unt thereof shall to the Treasurer as the same shall oned Treasurer to neys raised under shall be applied, Btly, that in every ounty or Counties as hereinbefore I that part of such lich such original Junior County for as provided with he twelfth section r the payment or )f, not to be levied xnd upon such last )f this Province la 1 similar By-laws, thereof, be raised, art thereof, under ticular subsequent Corporations Act he Upper Canada' tie thousand eight ' notwithstanding: 'orporation of such Municipal Corpora- equal to that of all Treasurer of suchj aforesaid as for »0 ise of such Senior 1(1 by virtue of any | CORPORATIONS AMENDMENT ACT, 1861. ■uch agreement or award aa is provided for in and by the said fifteenth Section of the said Act, intituled. An Act for abolishinir the Territorial IMvision of Upper Canada into Districts, ana for providinif fur timporarif Unions of Crrunties for judicial and other purposes, and for the future iisolutions nf such Unions as the increase of tvealth and population may ^requite, such Junior County shull be bound to pay as its piopurliln, or part of its proportion of the debtii or loans of such Union. XX[. And be it enacted, That previous to the issue of any Proclama- liour fo the erecting of any Town into a City, under the provisions of the eighty-fourth f>oction of the said Municipal Corporations Act of 0);«t thuuiand eight hundred and forty-nine, an agreement or arbitration •imilar, aSj nearly as may be, in all respects to the a^roement^ and arbitration provided for by the Hfteenth section of the said Act, of the twelfth year of Her Majesty's Reign, chapturud seventy-eight, between a Junior County and the County or Counties, from which it is about to be separated, shall be made or hau between such Town and the County or Union of Counties within the limits of wtiiuh such Town shall lie, in which the Municipal Corporation of such Town shall do all on behalf of such Town as in and by the said flfleenth section is re(]uired to be done by the Provisional Municipal Council of such Junior County, on behalf of such Junior County ; and the arbitrators shall be appointed, the award be made, and all other particulars observed by and between inch Town and County, or Union of Counties, as in and by such fifteenth section iis required by and between such Junior County and the County or Counties t^ium which it is to be separated. XXII. And be it enacteda That upon the erection of any such Town into a City a aforesaid, 8nc,h City and the liberties thereof shall remain liable to all ^the debts and loans created or contracted by the County or Union of Counties, within the limits of which such City and the liber- ties thereof shall lie, according to the provisions of the one hundred and seventy-seventh section of the Mun icipal Corporations Act, of one thousand eight hundred and forty-nine, and of this Act, to the like extent and in the like manner as a Junior County, on its separation from the County or Counties with which it was uniteu, remains liable to the similar Debts and Loans of such Union ; and all the several provisions li the eighteenth, nineteenth and twentieth sections of this Act, ithall apply between such City and such County, or United Counties, as between a Junior County and the Senior County or Counties from which it shall have been separated. XXIII. And be it enacted, that the By-laws of every Union cf Counties in force in any Junior County of such. Union at the time of th<' dissolution of any such Union by Proclamation or othefwise, according to law, shall continue in force in such Junior County as if such By-laws had been passed by the Municipal Council of such Junior County, Mntil the same shall be repealed, altered or amended respectively l»v the Municipal Council of such Junior County : Proviiled always., rii/vurthe- Ies3, that nothing herein contained shall extend to empower the Municipal Council of such Junior County to repeal, alter or amend any of such By-laws, or any part thereof, which could not lawfully be so I repealed, altered or amenued ty the Municipal Conncil of such Union j of Counties, were such Union a still subsisting Union at the time of I such repeal, alteration or amendment. XXIV. And be it enacted, Tnat the By-laws of every County or Union of Counties, in force in any Town, or in such parts of the said County or Counties as are added to the same, when such Town shall be I trected into a City, by Proclamation Ifr otherwise, according to Law, shall continue in force in such City and the liberties thereof, after the erection thereof, as if such By-laws had been passed by the Common I Council of Biich City, until the same shall b^ repealed, altered or 261 Rl«f pllOR M to ilM Junior Couni)r>ii lla. bllli^ lo pajr m pro|ioriion at ^ drill or loMH under tinwd prOTlllUDt. Ai to liny Town being iPiwrii ltd rrom any County for ih« piirpoMM lie Inn rrrcicd inioaCiiy. Llnbtllilet of ■uch Town when to ereotcd inioa City. nvlawi of any ii'Ij < of i.'oun- MC.tlu remain I* force ill the Junior County nfier Iih Repara- tion therefrom, until rr|ienled, altered, ttc Proviso: Certal* Uy-lawH not to he repealed, tte., lu certain eaaca. Aa to Bylawa of County, tec, r»- inainiuR in fores in any Town> ftcvjiarated therefrom for the purpouc of being erected into a City. 'v^ , 252 ProTiioi Orlain Bf-lawi not to Iw repesled, tte., in eeruiin cw«. Be-dlTislon of any City into wnrdi, bow to b«obuin«d. To extend tha time litnited for posiirig ny-lawf for dia»<)lution of nnioiii^fTowu- •liipt, and for the formation of Mw uuiou. Beeorder* for sny City may be ■ppoiciied to iirenide over and hold th« Division Court. Hi* po«r«rt. niider Lettera Viiieat. CORPORATIONS AMENDMENT ACT, 1861. amended respectively, by the Common Council of such City : Providetl always, nevertheless, that nothing herein contained shall extend to empower the Common Council of such City, to repeal, alter or amend J^ny of such By-laws or any part thereof, which could not be lawfully 80 repealed, altered or amended by the Municipal Council of the County or Unfon of Counties of which such Town formed part previously to its t erection into a City, if it were not so erected but still formed part of such County or Union. XXy. And be it enacted, That in any case in which the Common Council of any City shall, before the passing of this Act, by petition to any Branch of the Legislature, resolution or otherwise by a majority of the Common Council of such City consisting of at least two thirds of the members thereof, have affirmed the expediency of a re-division of such City and the liberties thereof or of any part thereof into Wards, it shall and may be lawful for the Governor of this Province to proceed to a re-division thereof accordingly, as provided for by the eighty-fourth section of the Upper Canada Municipal Corporations Act of one thousand eight hundred and forty-nine, upon the Common Council of the said City again affirming by a like majority the expediency of such re- division in the manner required by the said eighty-fourth section, at any time before the eighteenth day of September in the present year. XXVI. And be it enacted, That the time limited by the eighth section of The Upper Canada Municipal Corporations Law amendment Act of one thousand eight hundred and fifty, for the County Municipal Councils to pass By-laws for the dissolution of the Unions of Townships within their respective jurisdictions, and for the formation of new Unions for the greater accommodation of the people of such Townships, as in the said eighth section of the said Act is mentioned, shall be and the same is hereby extended to the thirty-first day of December next, and to such further day thereafter as the Governor of this Province, by Proclamation under the Great Seal thereof, issued either before or after that day, or any further day to which such time may be so extended, may from time to time think fit to appoint ; and that the County Municipal Councils may dissolve the Union of Townships created by virtue of the last recited Act, and form other Unions of Townships or independent Townships in pursuance of the provisions of the said last recited Act and^of the Upper Canada Municipal Corporations Act of one thousand eight hundred ond forty-nine, and that Unions of Townships formed under By-laws passed under the authority of the said erght section of the said Act and of this Act shall and may be dissolved in the same manner as the p/e-existing Unions to which the said section expressly refers. XXVIL And be it enacted, That upon or at any time after the ap- pointment of a Recorder for any City in Upper Canada, under the provisions of the Upper Canada Municipal Corporations Act of one thousand eight hundred and forty-nine, it shall and may be lawful for the Governor of this Province, by Letters Patent under the Great Seal thereof, to authorize and appoint the Recorder for the time being of such City to preside over and hold the Division Couit of and for that Division of the County or Union of Counties within which such City and the liberties 'thereof shall lie, which shall include such City and liberties ; and in every such case, so long as such Letters Patent shall remain unrevoked, the Recorder of such City shall have and exercise all the powers and privileges, and perform all the duties of the County Court Judge as Judge of the said J)ivision Court, in the same manner, and to the same extent as such County Court Judge would be authorized to have, exercise and perform the same if this Act had not been passed ; and such Recorder snail, by virtue of such Letters Patent, have full power and authority to hold such Division Court and to perform all other n. ity : Provideil lall extend to liter or amend )tbe lawfully of the County eviously to its . "ormed part of the Common by petition to y a majority of I two thirds of a re-division of | into Wards, it 36 to proceed to le eighty-fourth of one thousand ncil of the said ncy of such re- lurth section, at 5 present year, le eighth section lendment Act of inicipal Councils ownships within f new Unions for nships, as in the be and the same next, and to such by Proclamation fr after that day, extended, may :oanty Municipal i by virtue of the } or independent last recited Act t of one thousand ownships formed eight section of ved in the same soction expressly lime after the ap- Iinada, under the Itions Act of one Inay be lawful for ler the Great Seal le lime being of Lit of and for that 1 which such City He such City and liters Patent shall lave and exorcise [lies of the County he same manner, puld be authorized [not been passed; IPatent, have full , perform all other CORPOllATIONS AMENDMENT ACT, 185U duties, whether of a judicial or other character, which, if this Aet hmti not been passed, it would appertain and belong to such County Judge as Judge of such Division Court to exercise and perform ; Provided always, ProTUo^ nevertheless, that while any Recorder shall be so authorized and ap- pointed to hold such Division Court, such Becorder shall not practise as « Barrister, Advocate, Attorney, Solicitor or Proctor in any of Her Majesty's Courts of Law or Equhy in this Province. XXVIII. And be it enacted. That upon and from the issuing of any such Letters Patent under this Act, appointing the Recorder of any City to preside over and 1 id the Division Court of and for the Division within the limits of wh.ch such City and the liberties thereof shall lie, and while such Letters Patent shall remain unrevoked, the authority and duties of the County Judge of such County of Union of Counties as Judge of such Division Court, except as in the next section of this Act provided, shall cease : x'rovided always, nevertheless, that all and every the business and proceedings of, or in any such Division Couit, whether pending or otherwise at the time of the issue of any such Letters Patent, and all matters and things thereto relating, shall bo continued, managed and disposed of by and under the authority of such Recorder, instead of such County Judge, as if he had been the Judge of such Division Court when the same was commenced. XXIX. And be it enacted. That in case of the illness or unavoidable absence or absence by leave of the Governor, of the Recorder of any Buoh City, it shall and may be lawful for the Judge of the County Court in and for the County or Union of Counties within the limits of which such City and the liberties thereof shall lie, to sit for such Recorder as Judge of such Division Court, and in every other capacity whether judicial or otherwise, belonging or attached to the office of such Recorder as Judge of such Division Court by virtue of such Letters Patent as aforesaid, or for such Recorder, if he think fit so to do, by an instrument in writing, under his hand and seal, to name and appoint some Barrister, duly admitted as such, so to sit for him in holding such Division Court as aforesaid ; and in every such case, as well such County Judge as such other person so named and appointed to sit for such Record^jr as aforesaid, shall on every such occasion have full power and authority to sit for such Recorder as Judge of such Division Court, and in every other capacity, whether judicial or of any other character, belonging or attached to tho office of such Recorder as Judge of such Division Court, by virtue of such Lotiers Patent as aforesaid: Piovided always, never- theless, that no such nomination or appointment shall continue or be in force for more than one Calendar Month without the renewal of the same by a like instrument as aforesaid. XXX. And be it enacted, That every such instrument of nomination shall contain a recital of the cause which rendered such nomination necessary, and shall be executed in triplicate, one of which triplicate originals shall, by the Recorder making the same, be fyled in the office of the Clerk of such Division Court, another of them delivered or sent I to the person so named to sit for such Recorder, and the third ba trans- mitted lo the Provincial Secretary for the information of the Governor of this Province. XXXI. And be it enacted, That in the case of every such nomination, it shall and maybe lawful for the Governor of this Province, by an j instrument under his Privy Seal, to annul such nomination, and if he shall think fit so to do, to name, by the same or any other instrument under his Privy Seal, some other person legally qualified to have been named by such Recorder himself, to sit for such Recorder, instead of the person so named by such Recorder as aforesaid, and with the like pow- ers hereby conferred upon such person so named. 253 V;^! Ai to ttie anthor- ity, &c., of tlw Counijr Judge when Recorder iiMiip|)oiuied BR Ju(lg«. rrorife. In tttweof nhvcr.ce, Jfcc., of Recorder, ilw County Judsc to Bit ; Recorder may name a Ilarrisiier in hi» Bicod. Fower». Proviso. As to inttaliiieiH of noininailon. Governor imjr annul the nomi- nntion, an4 appoint tome other pviaod. 254 Btmontratlon lo Becordcr. 8 Vict., e. 37, and other enact luenta repealed. Abolition by Township Muni- cipalities of Diviiion into Warda to tic valid in a certain caw. Responsibility of Municipnlity if .tny of ltd Ity- 1.1 w», tc, be quashed. Conn may grant or refuse costs in n certain cnse ; the same lo be taied. fWtofn word*. &c., contained in Sehcilulit At re* iwalad. CORPORATIONS AMENDMENT ACT, 1851. XXXII. And be it enacteil, That it shall and may be lawful for tba Governor of this Province in Council, to fix an annual remuneration ro be paid to every such Recorder for performing such duties, due regard being had in fixing the same to the population resident within the juris- diction of such Division Court, the amount derived to the Fee Fund from the fees collected and returned from such Division Court, the arnonnt of the salary of such Recorder as such, and the amount of the salaries of other County Court Judges in Upper Canada, and that such annual remuneration shall be subject to be altered in the like way, and shall be paid out of the like funds and in the like manner as the salary of the County Judge in and for the County or Union of Counties within the limits of which such City and the liberties thereof shall lie. XXX I II. And bo it enacted, That the Act of the Parliament of thia Province passed in. the eighth year of Her Majesty's Reign, chaptered Fifty -seven, and intituled. An Act to empower the District Councils of Municipal Districts and Boards of Police of Incorporated Towns in Upper Canada, to impose a Tax on Dogs within their respective Districts and Towns, and also the two hundred and eighth Section of the Upper Canada Municipal Corporations Act of one thousand eight hundred and foity-nine, as amended by the Upper Canada Municipal Corporationa Law Amendment Apt of one thousand eight hundied and fifty, together ■with the amendments by the said last mentioned Act made therein, and the Seventeenth Section of the said last mentioned Act, shall be and tb« same are hereby repealed. XXXIV. And be it enacted, That in any case where any Township Municipality shall have heretofore abolished any Division thereof into Wards that may have previously existed, such proceeding of such Municipality shall be and is hereby confirmed and made valid to all intents and purposes, unless the same shall have been set aside by judicial decision. XXXV. And be it enacted. That whenever any By-law, Order and Resolution shall be or has been passed or adopted by any Municipality whatever, and such By-law, Order or Resolution has been or shall b« qiiashpd, or declared illecal or void by any Court having corapetenl jurisdiction therein, the Municipality by which such By-law, Order or Resolution has been or shall be passed, shall alone be responsible ia damages for any act or acts done or committed under such By-law, Order or Resolution, and any Clerk, Constable or other Olficer acting thereunder, shall be freed and discharged from any action or cause of action which shall accrue or may have accrued to any person or persona by reason of such By-law being illegal and void, or having been quashed, and such Municipality shall pay all costs and expenses at- tending the quashing o*^ any such By-law ; and the Superior Courts of Common Law shall also have full power and authority to grant or refuse costs in their discretion in any case in which application shall be or may have been made for any Writ of Mandamus for or against any Municipal Corporation, which costs, when granteil lo either party, shall be taxed and allowed in the same manner as between party and party. XXXVI. And be it enacted, That the several words, phrases and sentences of " The Upper Canada Municipal Corporations Act" of one thousand eight hundred and forty-nine, as such Act was corrected and amended by "The Upper Canada Municipal Corporations Law Amend- ment Act" of one thousand eisht hundred and fifty, and of the said *' Upper Canada Municipal Corporations Law Amendment Act^' of one thousand eight hundred and fifty, in the first column of the Schedule to this Act annexed, marked A, numbered from one, to thirty inclusive, and set forth in the second column of the said Schedule, as sucfi several words, phrases and sentences are contained in thosa | scTeral parts of the several and respective aectiona, sub-sections and ^1 51. lawful for tb« imuneralion to js, due regard ilhin the juris- Ihe Fee Fund ion Court, the amount of the , and that such 5 like way, awl er as the salary Counties within hall lie. rliament of thM eicn, chaptered trict Councils of Torms in Upper ive Vistrkls and ,n of the Upper crht hundred and pal Corporations \xA fifty, together lade therein, anrt , shall he and th« re any Township rision thereof into oceeding of such made valid to all leeti set aside by ;y_law, Order and any Municipality been or shall be lavin? competeru By-law, Order or be responsible in tier such By-law, ther Otficer acting action or cause of person or person* . or having been and expenses at- Superior Courts ol f to giant or refuse ion shall be or niay linstanyMunicipa Ity, shall be taxed hd party. , ords, phrases and Lions V' of one was corrected ana tions Law Amend- L and of the saul ktnendment Acr 8 first column o» ibered from one to the said SchedoU, Icontained in lho» sab-seclioni ww CORPORATIONS AMENDMENT ACT, 1851. provisoes of the said Acts particularly referred to in the third column of the said Schedule opposite to each of such words, phrases and senteitcus respectively, shall be and the same, as so contained in such section, sub-sections and provisoes, are hereby repealed ; and the several and respective words, phrases and sentences set forth in the fourth column of the said Schedule, opposite to each of such first mentioned words, phrases and sentences respectively, shall be and the same are hereby substituted for such first mentioned words, phrases and sentences, each for each respectively ; and henceforth, the said substituted words, phrases and sentences instead of those for which they are so substituted as afore- said respectively, shall be and shall be deemed and taken to have been the words, phrases and sentences used in the several and respective sections, sub-sections and piovisoes of the said Acts respectively, in the third column of the said Schedule mentioned, opposite to each of such words, phrases and sentences respectively, and in the parts of such sections, sub-sections and provisoes therein paUicularly mentioned ; and the said Acts, and all other Acts referring to the same, shall be construed as if such substituted words, phrases and sentences had been there used in such respective sections, sub-sections and provisoes respectively, and in the parts thereof respectively in the said third column of the said Schedule mentioned as aforesaid, at the time of the passing of the said Acts respectively, any thing therein contained to the contrary notwithstanding ; and so much of the said " Upper Canada Municipal Corporations Law Amendment Act" of one thousand eight hundred and fifty, as makes any correction or amendment in or to any of such words, phrases or sentences other than those hereby made in or to the same, and so much of both or either of the said Acts as makes any other provision whatever contrary to or inconsistent with the pro- visions of this Act, or any piovision whatever in any matter provided for by this Act, other than such as is hereby made in such matter, shall be, and the same is hereby repealed, and shall cease to be in force upon, from and after the day when this Act shall come into operation : Provi- ded always, nevertheless, Firstly, that nothing in this Act contained shall render void or otherwise affect in any way, any thing heretofore done under the authority of the said Acts or either of them, but the same, unless it sliall have been made the subject of proceedings at law actually instituted before the passing of this Act, or shall be made the subject of such proceed inijs within six calendar months next after the passing of this Act, shall be and the same is hereby ratified and confirmed, any thing herein contained to the contrary notwithstanding: And provided alsoj Secondly, that notwithstanding the repeal of fhe parts and provi- Isions of the said Acts hereby repealed, all acts which might have been Jone, and all proceedings which might have been taken (Msrosecuted, relating to any offences or neglects which may have beei^ommitted, lor to any matters which shall have happened, or to any moneys which jshall have become due, or to any fines or penalties which shall have Ibeen incurred before the day on which this Act shall have come into iperation, shall and may still be done and prosecuted, and the offences iml omissions may be dealt with and punished, and the moneys may be Recovered and dealt with, and the fines and penalties may be imposed 1(1 applied as if the said parts and provisions of the said Acts hereby Repealed continued in force. XXXVII. And be it enacted, That in pleading, citing or otherwise jferring to the Act of the Parliament of this Province, passed in the [jvelfth year of Her Majesty's Reign, chaptered amongst the Public peneral Statutes of the Session in which the same was passed, as jhapter eighty, and intituled, An Act to repeal the Acts in force in Upper "anadaj relative to the establishment of local and Municipal AuthontieSf "'other matters of alike nature, it thail in all cases whatsoever be suf- 25^ Other word*, Su, Biibrtituied ror the nbove, ni ki forth in (he 4ih column of tlw Schedule. Thenmabowio api>ly. Acts to Iw oon- Etrued an it ttiieh wordf, &c., werO' contained therv- iu. Inconiiitent pro- viiiiouc repealed. Proviso: Things rcrtbrined under Acts, unlevR ninde the subJKt of legal proceed- ings in ceitaiu cases. Proviso: As to ofTences, fines, nioncyo, ice, before tins Ael comes into ope- ration. Short title* by which certain Acts relating t> U. Canada may bo cilcd. t 2^6 It 1 it.; i: V (1 It •< M Proviso as to the words •' Upper Cauada." ' t CORPORATIONS AMENDMENT ACT, 1851. ficient to use the expression, ** The Upper Canada original Municipal Authorities Repeal Act of 1849," or woras of equivalent import : that in pleading, citing or otherwise referring to the Act passed in the sams yenr, chaptered eighty-one, and intituled, An 'Act to provide by one General Law for the erection qf Municipal Corporations, and the establish- mnnt of Regulations of Police, in and for the severd Counties, Cities, Towns, Townships and Villages, in Upper Canada, it shi^ in all cases whatsoeyer be sufficient to use the expression, " The Upper Canada Municipal Cor- porations Act of 1849," or words of equivalent import ; that in pleading, citing or otherwise referring to the Act passed in the Session of the said Parliament, in the thirteenth and fourteenth years of Her Majesty's Beign, chaptered amongst the Public General Statutes of the said Session, as chapter sixty-four, and intituled, An Act for correcting certain errors and omissions in the Act of Parliament of this Province, passed in the last Session thereof, intituled, 'An Act to provide by one General Law for the ' erection of Municipal Corporations, and the establishment of Regulations ' of Police, in and forthe several Counties, Cities, Towns, Townships and ' Villages, in Upper Canada,' for amending certain of the provisions of the said Act, and making some further provisions for the better accomplishment of the object thereof, it shall in all cases whatsoever be sufficient to use the expression, "The Upper Canada Municipal Corporations Law Amendment Act of 1850," or words of equivalent import : And that in pleading, citing or otherwise referring to this present Act, it shall in all cases wliatsoever be sufficient to use the expression, *' The Upper Ca- iiada Municip.'xl Corporations Law Amendment Act of 1851," or words of equivalent in;port ; and that in pleading, citing or otherwise referring to the said Acts, or to the said Acts or any other Acts that may be here- after passed, touching or concerninnr, or in any wise relating .to such Municipal Corporations generally, it shall in all cases whatsoever be sufficient to use the expression, " The Upper Canada Municipal Corpo- rations Acts," or words of equivalent import, which shall in allsuch cases be understood to include and refer to such and so much of the said Acts as shall be in force at the time referred to, touching or concerning or in any wise relating to such Municipal Corporations : Provided always, never- theless, that in all Legislative Enactments wholly confined in their operations to that part of this Province called Upper ^anada, the use of the words, "Upper Canada," or words of equivalent import, in any of the expressions above mentioned, shall not be deemed necessary for the purpose aforesaid, but in every such case, the expression shall have the like effect as if such words were contained therein. SCHEDULE A. ReferreMo in the Thirty-sixth Section of this Act. Wonis, Phrasos and Senten- res of 1'2 Vic. chap. 81, (The Upper Canada Municipal Cor- porations Act of 1849) as they originally stood in that Act, or .18 Uiev stand amended by the 13 & 14 Vic. chap. 61. (The Upper Canada Municipal Cor- porations Law Amendment Act of IKH)) and of this latter Act which ore repealed by tliis Act. *• That no such firat mention- od by-law—" Sections, Sub-sectiops ind Provisoes of tlie 12th Vic,, chap. H, and of the 13lh& 14th Vic. chap. 01, and the parts thereof ru- spectivoly in which the r pealed Words, Phrases and sentences are COU' taiucd. 12 Vic. cap. 81, 13 & 14 Vict. cap. M, Sec. 8, Sche- dule A, No. 1. Words, piiiuses and sf.ntbxccs sobstitctbd FOR THOSE BY this ACT RIFSALBD. "That no siich by-law." NoTX.— The above headings, to Uic coIuuiph of the Schedule, are repeated at length at the top of each page, iu UN | original Act, but, for convenience, we have abridged them in the succeeding pages. SCHEDULE A. 257 161. inal Municipal import : that in id in thesama provOe by on* rid the establish- s, Ciiiesy Towns, ises whatsoever Municipal Cor- hat in pleading, ssionoftheBaid Her Majesty's the said Session, rjg- certain errors passed in the last eralLawfor tM fit of Regulations e provisions of the er accomplishmerU , sufficient to use Corporations Law port: And that m Act, it shall in all «' The Upper Ca- )f 1851," or words itherwise referring that may be here- le relating to such 563 whatsoever be L Municipal Corpo- -U in all such cases . of the said Acts as (ucernino or in any led always, neveir- confined in their Canada, the use of t import, in any ot med necessary for ,ression shall have IbNTBNCBS SOBffnTOTBD la Act rep=albd. ' For Unit purpose." " Two thirds" «• It shnll be the (hitv of the Collector, (iu the end of thi ucti- pant sliall Inth lie deemed rated wiihin the laenants- ' of this section : And provided also, fourthly,— Th,ii: where any such real property shall be owned or occupied jointly by more tJian one person, andthc' amount at which the sime shali be so rated, siinil be- ButRcient, if equally divided between tliera, to give a qualification to each, Uicn and in every sucti case^ pvcry male wheat: name shall appear on auchtoU,. as one of tlic Joint owners or occupants of such tetL m IP Wm'"' Ik 258 CORPORATIONS AMENDMENT ACT, 1851. m. 10 Word*, phrases nnd senten- ces repealed by this Aa. " Comnuntcalion such Township," within Seetions Jbc, in which the repeaorations of such Township, City Town or Village, and the people they represent respective- ly." " in money therefor. Provided always nevertheless , that Uie |X3vver by tliis and the next preceding sub- section conferred, shall not extend, or be consirund to extend, to the statute labour or the commutation money, paynhic instead thereof, of any person resid- ing uiwn or whose lands nru bounde.i by any Town- ship line or road between two or more Townshliw in the same County, or between sucli County and any adjoitiing Counties or County, or between one or more Townships, and any City, Town or incor- porated Village lying on the bounds or within the boundaries of such County." " not exceeding twenty days, and either with or without hard labor, in case of non-payment of any such fine, and there being no distress found out of which the same may be levied for the breach." " meetings of such IVfunicipai Council ; ProTided always, nevertheless, that in case of an equality of votes on any such election of County Warden, the member of such Municipal Council present at such election, who shall be the Reeve, (or in his absence the Deputy Reeve, if there beone, and he bepicsent) for the Township, Town or Village which shaH have had the greatest number of freeholders and housc- tiolders upon the Collector's Roll thereof for the next [ireceding year, shall have a second or casting vote in such election ; and in the event of there being more than one of such Townships, Towns or VU- lages having a greater number of fVeeholders or houcsoholders on their respective Collector's Rolls than the rest, but as amongst themselves an equal number of such freeholders and householders, it shall be decided by lot between the Reeves or Deputy Reeves of such Townships, Towns and Villages having such equality, which of them sliall have the second or casting vote on such election, and suc^ Reeve or Deputy Reeve shall have such second or casting vote accordingly." 12 Vic. c, 81, sec. 81. Sub- " And for establishing as well the amount to be sec. 4, and 13 and 14 Vic P'^'' ^"^ ^^ Corporation Treasury for such license, c. 84, Schedule A, No. 14. 5"» the rates." 12 Vic. c. 81, sec. 41 ; sub- "or maintained at the public expense of such C&un- section II, between the *y 5 ^^^ *"<>' empowering the landholders residing words " improved, pre-|"F>oi>. or where lands are bounded by any such high- served," and the words way, road, street, side-walk, crossing, alley, lane, bridge or other communication, to compound for tho statute laliour by them respectively performable fbr any term not exceeding Five years, at any rate not exceeding Two Shillings and Six Pence for each day'fi labor, and at any time before the labor compounaed ** and for entering into" Note.— 5ee Note topage 258. SCHEDULE A. 259 ited (bi tlXMQ d within Dm juntatwWch III not be suf- Mlon to eacli hen, none or •med a periion n." mBWp, or be- ing Town»Wp, nd for entering nangeinnnt or )ration8 of any vn or ineorpo- y BHCh work at uefitoflheMu- hip, City Town sent respective- ysnevertlieleas, preceding sub- or be construed lie commutation my person resid- i:\byanyTown- norc Townshil» lucli County and , or between one Town or incor- idB or within the id either with or i-payment of any LresB found out of the breach." Jouncil ; Proyide!! tofan equality of unty Warden, the ;U present ataiieh I (or in hto absence andhcbcpietent) • which shall have ■ilders and housc- Giereof for the next ,nd or casting vote nt of there bring Ids. Towns or YU- of freeholders or Collector's Roll* imselves an equal ] householders, R Reeves or Deputy ns and Villngen Rjni siiall have the ilcction, and suci ive such second or the amount to be |y for such license, knseofsuchCoun- [ndholders residing Why any such high- (ssing, alley, lane, \> compound for tno tly pcrformable for Irs, at any rate not Tence for each day » 1 labor compounded HO, 11 Words, phraiKS and senten- ces repealed by this Act. Sections Itc, in which the repealed words ke. ore contained. " it shall be the duty of the Returning oflieei" (tothe$»d rf the uction.) Words, phrases and sentences substituted fir tbow by thin Act repealed. for ought to be performed, and by any such regula- tions to direct to what otfi«:r of such County such composition money shall be paid, and how such money shall be applied and accounted for, and to regulate the manner and the divisions in which sudi statute labor shall be performed." UVic. e. n. see. .17, At" it shall be the duty of the Returning Officer tat the begianijig of the sec- every such incorparatetl Village to procure a correct lion. copy of the Collector's Roll for such Vlllase, for the year next hcforc that in which the Election shall be holden, so far as such Rull contain!) the names of oil male freeholdcm and householders ratc^l upon such Roll, in respect of rateable real property lying in such Village, with the amount of the assessed value of such real property for which they shall be respec- tively inted on such Roll, wltich copy shnll !« veri- fied in iikr anncr as the copies of Collectors' Rolls lor Townsiiip Klections, as hereinbefore provided ; and no person shall be qualincd to be elected a Village Councillor at any such Elention who shall not be a froeholder or householder of such Village, seized or possessed of real property held in his own riglit or that of his wife as proprietor or tenant there- or, which shall he rate 1 on such Collector's Roll in the caseofafreeholrler, to tlie amount of Ten Pounds per annum or upwards, anri in the case of a house- holder to the amount of Twepty Pounds per annum or upwards ; and wtio shall not be seized or possess- ed to his own use or that of liis wife of the real pro- perty for which he shall be so assesseti, either iu fee or freehold, or for a term of one year or upwards, situate within such Village. And the persons enti- tled to vote at such Election shall be the freeholders and householders of such Village, whose names shall be entered on the said Roll as rated for rateable real property held in their own names, or that of their wives respectively, as proprietors or tenants thereof; to the amount of Three Pounds per annum or up- wards, and who, at the tim'i of such Election, shall be resident in such Vittage -, Provided always, never- theles^ Firstly, That it shall not be necessary that tlie property qualification of such Village Councillor* or voters shall consist wholly of freehold or wholly of leasehold property, provided the aggregate amount at which both snail be assessed shall be sufficient oa above required ; and provided also. Secondly, that the occupant of a house ^uilt of logs, whether hewed or unhewed, sliall be considered a householder within tlic meaning of this Act, in case he shall be rated therefor as a householder upon such Collector's Roll as aforesaid : Provided also. Thirdly, that the occu- pant of any separate portion of a house having a distinct communication with a public road or street by an outer door, shall also be considered a house- holder, within the meaning of this Act, in case he shall in like manner be rated therefor as a house- bolder upon such Collector's Roll as aforeeaid : Provided also. Fourthly, that whenever both the owner and occupant of any such real property shall be so rated in respect of such rateable real property, the owner and the occupant shall both be deemed rated within the meaning of this section ; and pro- vided also. Fifthly, that where any such real property shall be owned or occupied jointly by more than one person, and the amount at lyhich the same shnll t)e 90 rated shall be sufficient, if equally divided between them, to give a qualification to each, then and in every such case every male whose name shall appear on such roll as one of the joint owners or occui>ant> of such real property shili be deemed a person rated within the meaning of this section ; but if the amount at which such real pro|)CTty shall be so rated shall Bot be sufficient if so divided to give a qualificatioa Hvn.—SMe HiU top»gt S5& ft. 260 CORPORATIONS AMENDMENT ACT, 1851. ■0 13 "It nhMl iir tlio AMyot any perfioii" (lu llie end (/Um tco Uori.) Wordp, phrnwH and Bcnten- cos rcjiealcU liy this Act. !•■■<■ ■t Hcctiont &.C., in which ihc ri'p«nU!d wordd Ac, are containel. 12 Vic. c.'Hl, mr. 05. Ai the livgutning of Uie six iion. t«yrR.SMj^«tt tcfngt 850, Wordtf, plm\Dcs.' tiinoiint of the n^HesdeJ viiluc ofBuch reni proiwny for which they tilinll be res- pectively rntpu on such Roll, wlilcli copy flhill bo verifie'i in like innnner ;in iho copicti of Oollectnr'u KollB for 'I'owimlilp filectioiiti ns hereinbefore pro- vidirJ ; and no person tiiinll be qualifle I to be elocte ' R Town Councillor at miy such Election wlio ahalt not he a freelioidor or houweholc'cT of such Town seized or ijossesso'l of real proiKirty bcl. '.lis own right or thnt of his wife, as proprieti/. .t tenant thereof, which shall be rnted ou such Collectors' Roll or on the Collector's Roll or Collectors RoIIb for some one or more of the otlier Wards of such 'J'own, for such next preceding year in the cosi! of a frccliolder, to tlie amount of Twenty |)Ounds per annum or upwards, and in tlie case of a house- holder to the amount of Forty pounds per annum or upwards, and who shall not he Bci7,c ul 10 txj clcctt^ :tloii wlioahnll of sucli 'I'own ici> '.lis own rielo. -r tenant juch CollcctorB* [;ollL>ctor9 Roll* Uicr Wanla o* year in the casi! 'I'wenty iKwnd* Mge of a houm;- idspcrniinuuior l7.e(lor posscuaeJ of the real pro- d, either in fco or or upwar.18. siiu- cruoim entiUed to B freeholders ana »lch such Election DC entered on the Bxt prccedint! yew held inU.^irown sctive'y. as pro- ; amount of tWo id who at the Umo \t in iiuch ward : .-aUy, that it shall )iiiity within wliich such Town sliult be sltiiutc us aforusnid." n vie. c. ?1, see. «J. At the begianlng of the sec- joa. f WorJs, phra*c» and senionros KuhsUHiie 1 for tbora by Uiis Act reptMtoi. " For each ward of every such City tberf shall he two AldermtMi and two (vouiii-iliors, to b'; ("leclcd is hereinbefore [irovided wiili respect to 'I'own (Coun- cillors, which Alderineu and ('ouncillora shall to- gctlier constitute the Common Council of such Citf^ and wliicli ( 'ity and tlie Mayor mid Ciinmon ("ouncil thereof Hhuli have tiiid exercitic nil and singular the B,ime rights, jiowers, iirivilcgcs and jurisdlQtion in, over and wiUi respect to such City and the liberties thertjof, as are hereinbefore given, grnnteit or con- ferred U|ion, or as shall, by virtue of this Act or otherwise, lielong to incorporated Towns, in Upper Canada, tlic Mayor, Councillors aniU^oniiiion Coun- cils thereof, and all tl'.e rules, roKUlations, provi- sions and enactments contained in this Act, as ap- plied to sucli incorporated Towns, the Mayors and tlic Councillors thereof, and their election, and those by whom such election is to be made-, and to the Town Council thereof, cither by way of refer~nc« to those provided fVjr incorporated Villages or cJier- wise, tihaU apjily to e:ich ot tlie said Cities and the Mayor, Aldermen and Councillors iliereof and their election, end to the Common Coundl thereof; Pro- vided always, nevertheless. Firstly,— That the May- or of every such City shall |be elected by the Alder- men and Councillors of such City from among the Aldennen thereof ; And provided also. Secondly,— That no person shall be qualified to be elected an Alderman for any ward of such City, wlio shall not be a freeholder or householder of such City seized or possessed of real property held in his own right or that of his wife as proprietor or tenant thereof, wliich shall be rated on the Collector's Roll of the ward for which he sliall be elected, or on the Col- lector's Roll or Collectors' Rolls for some one or more of tiie other w.ords of such City fcr the year next preceding his election, in the case of a free- holder to the amount of forty pounds per annum or upwnrds, and in the case of a householder to the amount of eighty pounds iier annum or upwards, and wlio shall not be seized or [lossessea to hi< own use or that of his wife of such real property either in fee or ircehold, or for a term of one year or upw.-irds, situate within such City or the liliertie* thereof. And provided also, Thirdly,— That no per- son shall I e qualified to be electitd a Councillor for any ward qf such <^ty, wlio shall not be a free- holder or hotiseliolder of such C^ty selzocl or pos- sessed of real property held in his own right or that of his wife as proprietor or tenant thereof which sliall lie rated on the Collector's Roll of the ward for which he shall l« elected, or on the Collector's Roll or Collectors' Rollu for some one or more of the otli«r wards of such City, for the year next prcced- ia;; bis election, in the case of a freclioldcr to the amount of twenty iwiiiids per annum or upwards, and In the cnKC of a householder to the amount of forty pounds per annum or upwards, and who shall KoTE.— ^'m Not* ippage ijli. 262 f 1 CORPORATIONS AMENDMENT ACT, 1851. NO, Wordfl, phrawHi and lentcn' c«s repcaloil by thia Act. '..M Hrctiona, ice, in which the rc|))!aled woriia k^,, arc roiitaiiini. IS "iMtc of nicti Proclaoutioii.' ■'it le « in rails" UonO futum the Collector's (to tie ind ^tke $ee- Worda, phrnwii and acnicnocs auhatltuted Ibr Uiunl- by thia Aa repealed. not he ael/cd or poiacaaed tn hia own uac or thnt nt hia wife of audi real property ciUicr in fee or frer- I hold, ur for a term of one yi'fir or upwnnlR, aituate witliin Hiich 4 iiy or the liliertioa thereof. And provided also. Fourthly,— That the neraona (tnlitled to vote at the clfctiona "fHUcii Aklcrincn aiid.t'ounclllom, iholl l^e the fVucI loldera luid houaeholdera of tlie ward for which audi election aliall be held.'whoae nninra ahall be entered on the Colloctor'a Roll thereof for audi next precedins year, aa rated for rateable real property, held in their own names or that of their irivea reapeetively, or proprietors or tenonta thereof to the amount of Kiglil ;iounds per anntun or up- warda, and who at tlie tinao of such election ahull be resident in such ward or Uio liberties attadwd to the aamc." 13Tie.e.81, 8.84. At (fac end of the aoction. 13 Vie. c. 81, aec. 1-20. At the beginning of the sec- tion. t*«(« of sueh Proclnmation. Provided always, oevcrtheless, that whttn ami so often aa it ahall be d(ear desirable, in the opinion of the Governor la Council, ahould be attached to such City or the liber- ties thereof." '* in future it ahall be the duty of all Assessors to state in their Assessment Rolls whether the persona therein named are freeholdera or householders, or both, by having a acparate column for this purpose, and using the initial letters F. and H. to signify the aame reaiJCCtively ; and tha* in future every poraoii whose duty it ahnll be to prepare the Collector'^ Roil for any Township, Village or Ward in Upper Canada, ahall be and he is hereby required to stale upon such roil, in pro|ier columns appropriated to such purpoae. whether the iicraoiia whose names ahall appear thereon are frcv^holdera or householders, and to designate in like manner the amount for which such person is rated in respect of real pro- perty, and the amount for which such person ia M rated for personal property, aa the same aliall apji'iir upon the assessment roll from which such Collector's VOTK.—Sec NoU to page 256. iSCnEDULE A. 2C3 ililuted for Uio«' i. MIX uiC or tbnl of Ml In fee or free- r upwnnlii. illuot* rcof. And iirovldcrt I cnUilcd to vow I ond Counctilonij lolderioflhcward leW; whose nnini* •• Ron thereof for ed for rntealile real tea or tl»t of tnclr I or icnanu ihcrooi per annum or up- Si election •hall be rtiMatuctoedtottoc Provided <»>v»ty* w often ai It •m\\ neater convcnionce cWe» SncorporatttJ fgakl, that the area cnlea thereof, (cither .wnHhlp or Town- Uie iiToximliy 01 the probable ftiture ay appear desirable or the lilicrtle* Uiere- f such Towiwhll' 0' r. should be r'i-AlsM ;y of such rc-dlvisloa umiorltyof thccom- wnsisllnR of at lea* TTOf, in the month of ears, it shall and may this Province, by an troclamation under Uie such City or such part I libf-nief attached to him «hall seem expc- F first day of Janu"y Calendar months from , such re-divlsion shall jrnoses. as if such had such City into vvanJa, ided in and by Act ot in tlic first instance. -That in every such be lawful, in and by within ilic 1)Oundarit;g lereofany PO^Jon "J adjacent, which from juildinaa therein, or the of such City, it may ,lon of the Governor m such City or the libcr- Ity of all AssCBSom to [is whether the pcr«n» ^8 or householders, or plumn for this PurpOTj!, t. and H. to sig-nfy t»>'J , in ftiture every P'-reoa liaretheCollcctorV J«" % or Ward in Upper hereby required to rtaie I persons whose names Iholders or householders, liLnner the amount for Jin respect of real pro- Ihichsuch person is w ^8 the same shall a PI I'f 1 which sucU Collectors _g Words, phrases and sonten- ' CCS reiicalul by tills Act. •i"t . 17 18 19 "befbre he shall enter Into the dutiea of hia office, take" "Capacity of CJouncillor." a detailed atatemcnt of the roceipta and cxpenditurea and liabilitica of such Corporatiou in two newspapers puUiahed within the Jurisdiction thereof, or in thoae nearest Uiercto." 20 21 "when no other statutory provision exists for the appointinonl of a Returning Otficvr to hold any Mu- nicipal Klectiun required to be lield by law. it sliall section, and the wordsiand ma, be lawfullorthu Governor of this Province " whose duty" to appoint a Returning Officer U) hold such Election, and if the person so appointed or any person" '•coitifled under his hand and \t yic. c. 81, sec. IM. an) •' cerUficd under his hand and the seal of the Muni- the seal of tlie Municipal Cor-; o & 14 vic. c. 64. Sche- elpal Corporation of which he is the officer ; and pwailon of which he is the|ijuie A, No. 20, after tiieieitlier of Her Majesty's Superior Courts of Common Sections fcc. In which Words, phrases and scntenwH suhsUtuted forthow the reiK-alud words 4.C., »* ^ j,,, ^ct rei«aled. ore contained. ' ' if the person" Roll sliall he prepared, as well as the amount to be collected from such ptTMuiis resix-ctlvcly : Providcrt always. nevertheU^sH. TirHtly,— 'I'liai llie occumnt of |B house built of Io^h, whether hewtil ur unlwtwed, ■hall be coiisiilcrwl a householder witliin Uie menu- ing of this t^;ctiun ; and provided also, secondly, that ttie occupant of any separate (wrtion of a house having a direct conimuiiicatlon with a Public Ruad or Street by an outer door, shall also he consl he oath of Office, or enter .flee, take" "Capacity of Town Reeve or Deputy Town Reeve." la Vic. e. 81, sec. 144. >an abatract of the reeeipta and expendlturca and Between the wonls " to liabilidos of aucta Corporation in some public news- publish" and the words paper published within the jurisdiction of such Cor- " and to ate" IS Vic. c. 81, sec. 134, between ilie word "that" at tho beginning of t!ie| poratlon, or iii any other manner that such Corpora- tion may by By-law diroct." officer, and either of Her Ma-, words " furnish a copy of jesty's Superior Courts of Com- guch By-law " mon Law at 'I oronto may be ' moved" (to tkt ind iff the itetion, 0$ atiundtd.) Law at Toronto may be moved, upon production of such copy and upon affidavit tliat the sioic is the copy received from such TowiiHhip. Town, Village, County or City Clerk, to quash Huclr By-luw to be quashed in the whole or in [part as to such Court shall appear agreeable to Law ; and if it shall appear to sucli Court that such By- |law is legal in the whole or in Uie part complc-iined of^ to award Tjsta in favour of such Corporation, or otherwise u^.aust such Corporation -, and that no ac- tion shall be Huetaiiied for or by rcaiion of anytlilng required to be done under any such By-law, unless such By-law or the part thereof under whiciitliefiamc shall be done shall be quashed in iii&ancr aforesaid one calendar month at least previous to d against the said Piaintift' by cxr ui'jn or otherwim;, accord- ing to the course of such ( ourt ; Provided always, nevertheless, firstly, that no such application to quash any such By-law which shall have been spe- cially promulgated as hereinafler nientioncd, and whereby any rate shall be imposed by any such Municipal Cor()oration, shall be entertained by any gucii Court, uidess such application sliiill have keen 'made within fix calendar montl)!> iioxt after such Ispecial promulgation of sucli By-law ; and provided MoTB.— See !foU to page 250. 264 COnPOUATIONg AMENDMENT ACT, 1861. KO. 8i! WordH, phr«»io« mvl tv.rwvn- ri!« rupculKil by (KIm Act. fi-'-llnim A.,"., in which th*. VVordir, phraHcinni ncntfiirci MulmtUutod fur Ui. t>y ihU An rt'po'iM. oIko, uramilly,— licit every ntx-rliil pMiniilonilon of II Ity-lnw within ihu ine.inlii« of tho Mimlr.lpil Cnrpi r.iUon* f\c.\», iih.ill oointlm in ihi; piihllr.nu^u thruu«h ihi' I'liMii: Vtom of a (rut! a;)iy ol micti lly- III v», .'Ml I ihc nl;:iiiiii.ro (itlruhi;^ ItK iMiilioiitUSiy, uiifi u notiri! nppciiilcl ilM;rfiUiof tim ihiie limltml hy I»nw for up|i|idiiriiiii to the Courts to i|U'rih (ho miint; (^r "ly piirt lh«Ti;of ; or in llu^ cmn ol liy-lnwti by whicli uny rnii> tliiill lie iiiipoitLvi for fiiiy piirpDsm whiitmxivpr, lln-n olthcr l)y mjr.h piililicition of ii c<)(iyo('*ucli lly-liiw, wi;h iiucli ikjiIlv; iilbrMuid, cr In lieu tlirrorjf by biicIi puhllMiion of n iiollwi iicliln« fortlitlii! ninoiint of such raio, ntir) t!lvlii« tlic mili- DtMiicc only of the other piirbi uf hik^Ii liy-lnw, with n Hinillar notiw of the tlino io liinl'al for hiipIi n[>- pllcatloii!) toqiinHh im nfuri-miil, which pul)li:nt!fm Mlmll fr.r the putiio^o nforcgild ho iir oiich puhl'.? newflpnpnr piihlJHhrrl weuhli<-. new«p3))f!rH pitblii^hcd wcrUly or oflenrr nenreat to such Jiirlii liiuion, every wlilch piihli'ntlon Hhiill ftir the purpose nti.n^K.ii I lie continued in nt lonnt tliree ponsecutive nuinlitfii of such pnper : Troviiled nl»r«, lltlrdly, — thnt the notice to be iippended to ever/ «uch copy for the piirpoRC Rl('riouncil, on tho day of , 185 , and all persons are hereby required to take notice, that any one desiroiia of ap- plying to have such By-law or nnv pnrl thereof quashed, miiiit make hi* ap|>llcation tor that purpotn to one of Her Majealy'i Hu|H'rior Oourta of Com- mon Law at Toronto, within «ix Culcndiir Mentha at the fnrthcat niter the special promulgntion thereof by the publication of thia notice in three conaccu- live number* of tho followlim newapniwra, via :— (here vane the newepapere in which the publicaH»u it-to be made) or he will be too late to be heard In that behalf. G. H. Townehip Clerk." And that tho notice setting forth the amount of aueb rate, and Rivini; thesubutancc only of the other parta of such Oy-law, for tlie purpose aforenaid, ahall ani way be to the eU'ect following, thnt is to say : Townrhip A, in the (,'ouniy of R.one of the ynltcl Counties of U, C and D, in Up|X3r Canada ; to wit ■. Notice la hereby given, that a By-law intituled (tet out in tht title,) and nunibcrel (^ve the num- ber by which the By-law it dcaignaled.) wan on the day of , 183 . passed by tho Municipal Corporation of the Townshii) of A, in thu County of B, one of the United Countiea of B, C and D, in Ui)i;er Canada, for the purixjse of [here tet oiU in tubilance tlie object of the liy-law, at " for thn purpoac of raising . the nccnsaarv fund:) to meet the general public e-^pcnaea of the 1 ownship of for the year »85 ," or "for the purpose ofrnteing and contracting for a loan of Pounds, for luaking atid macadamizing a Road from to " or olherwite, as the can ma>i be (and where the aif>- proval of the Qovernorin Council is by law regnired to ;rive eject losurh B>i-low,) approved by Ills Ex- wiilency the Governor Cenernl in Council, on the day of 183 ;1 and nil persona aio hereby required to take notice, tnat any one dcsiroos of applying to have auch By-law or any part thereof NoTS.— 6>« Note to page 336. SCHEDULE A. 265 ii*tlmicd fof Uj. • lev*. nl prDimilonildn of of till' ivliii>'u".ir'«i 1 In ilii! piilillciiiPu u! a'py 1)1 iiiii*li I'y- m i;iiiiioiiiic;iy. ^^'t-^ ItiieliiiiliH liy l- 1, whii-h imtiUintum I )!fi li» oiic.h liunl.'> r oftfiirr wlihln tin Muiil'-.lpHl t'oriior.-'.- Ii nubile nnw«pni)cr n ol lc;i(ittwo|)Ubli'-. oroflfmr noaFrt to n\il)ll-ntlon Htmll *>t ued in nt lonsi Um;n linpcr : rrovlilncJ nlr-, 13 iippciKacd to every I'luiil tJlmll and may to to s;iy •• „ , true copy of n By-law r tlie Towiwhip of A, a United Countic* of nyt«jonthe i/jere th» approval of II latBrfQMtred t« ^w cd by hl» Exoellency ncili on tho all peraon* Rrehcreuy nv onedeslrouiofnp- or nny pari thereof iCRilon (or that purpono rior Courtt of Com- I iiz Oulcndiir Monttm 1 proinulRntlon thereof tlcc In three confcco- )tt new«pnpori, yU J— tvihich the nublteoMtn* too late touehenrdm G H. TownBW'p Clerk." irth the nniount of 8ueli > only of the other parti o»e oforeuald, »hall ani - of n, one of ihc United JpperOnnnda-, to wit i iHl a By-law intituled uberel ('?«»« "'« *«'?" .giffvated,) was on tliP 71S3 .pnsMklbyliP p Township of A.luthB cdCountieaofB.Oand purpose of [here »tt mt ie;jy-/air, tu "for thff isary funds to meet tflfl ■ic a'ownsliip of the purpose ofrntelng Pounds, for Road from to " 7 be (and uhert the an>- oujicilisbttlaiertqnwreit ,,) approved l>y His Ki- •nl in Council, on th« ;] ;ind nil persons arc p, that any one dcsiroos law or any part thereof mv «Z WntiU, phriis)'!* and iicnteu- rvtn rn»-nlcii by tliui Act, " Warden, Mayor Tow.recvo liy reason" •'I'f.'niiH Ac.., m which iho rr[M:nci'« inVKtltuU'd P)r ihouit by iliiN .\i-,i re |*nlniiil!iiu'J ni* nbrehrlH, nIiiII l^e miul't wi.li'd ilift lime i^o deri'liy limlltM Ibrilint piir()0#e ; sn'li !,y-iiivv, or . o nnich ilievr-ol ni~ slii.ll nut !« llio 'BU^ject of nny iiiu'li npplicn'lnn, mwl wliirh shall not IIh' qiiasliei upon iiuch niifilioatiun, :4o '.ar nsiliCHaniP 'sirill i/ivialn. preycritie nr direct nny lhini< within the |proi'«jr Government gecuriues il other securities as tl« ia Council shall think fit and to apply all interest received upon the same, mount 80 levied by such iltering of any road under here tlieroad thus stopped ar Months after service of jrtified to be a true cow ■k of such Corporation on nine such property, sucii init toname an arbitrawt aforesaid, it shall and inaj iuch Coriwration to name such Corporation, and 10 1 person or persons owninij I 1 person or persons riiall I ch notice name an arblus- and upon such tvvoailH- aforesaid, they shall. I Corporation, or Uie person I property, shall neglect tt liinsuch timeasissopifl B aforesaid." I n who. according to Uie| )f such Township, Villattl ar next preceding that tal 1 be held, shall be ascesKJI all have a second or castinjl in the event of there beinil erg assessed for the Bai»l han that of any of the owl election, it shall be deci^l lually assessed memwl the second or casting vo((| th member shall have sutll fguch election accordingly 1 aseaofanequaldivisionil p^intnientofaProvimo^l ine vote shall belong to bu«I onal Municipal Council 4 ime were it an election for J also, thirdly. That io(>" Uous to travellers for re frishingwiUineUiorBeiDfl ffor eels or other fish in ail Tjurse within such Tow^ ny stream, river, or waa I Buch Towuship." CLAUSES OF THK CORPORATIONS ACTS AMENDED BY THE FOREGOING SCHEDULE, &BNDB&ISD IM FULL A3 AMENDE D. 1851. .i 3 1 1 [The pmrta of the follomng Clauie$ within Braekct» are the AmendmeMs made to the Clautet of the original Act, 12 Vic, Cap. 81, in accordance with which the follomng Sections are numbered^} Sec. VIII. And be it Enacted, That it shall and may be lawful for the Municipality of each Township from lime to time by any By-law or By-laws to be pa.<«sed [for that purpose, to abolish the said division into Wards, or] to divide such Townships into several Wards, or where the same shall have been previously so divided by Act, either of the District or County Municipal Council, or of the Municipality of the Township, then to divide the same anew into several wards as aforesaid, arranging or re-arranging the same, so as more elTeclually to accomplish the objects aforesaid, every which division by such Municipality shall supersede that so lo be made by such District or County Municipal Council, as well as every previous division made by such Municipality itself; Provided always, nevertheless, that no such By-law shall be of any force or effect unless the same shall have been passed by a vote of at least four fifths of the members of such Municipality fur the time being. Sec. XIII. 4nd be it enacted, That whenever any Junior Township attached or united to another as hereinbefore mentioned and provided for, shall have within it one hundred resident freeholders and house- holders on the Collector's Roll, it shall and may be lawful for the Municipality of such Union of Townships, if they shall deem it expe- dient so to do, by a By-law to be passed for that purpose within the first nine calendar months of the following year, to divide the remaining Township or Townships of such Union anew into rural Wards, to fix the place for holding the first election of Councillors in each of such Wards after the dissolution of such Union, and to appoint Returning Officers for holding the same, and otherwise to provide for the due holding of such elections as nearly as may be in the manner prescribed in and by the eighth, ninth and tenth preceding sections of this Act: Provided always, nevertheless, firstly, that such By-law need not be passed by a vote of [four fifths] of the members for '.he time being of such Municipality as required with respect to some of such particulars by the proviso to the sa-d eighth section, but shall be valid and effectual for all»purpose8 whatevtr if passed by a majority of such Municipality ill the usual way; Provided also, secondly, that every such By-law shall contain a provision limiting it to come into force and take effect upon, from and after the first day of January, upon which such Union shall be dissolved, and not before. Src. XXII. And be it enacted. That [it shall be the duty of the Return- ing Oflicer for every such Township or rural ward to procure a correct copy Any Townfhip divJRJon iiituISi ral Wards may be altered. I Bylaw- for alter- ing it- Provision as to proper altera- tions ill the re- maining Town- ship, for elec- tions, &c., Rural Wards, &c. Proviso as to majority to paw the By-law. Proviso : Com- mencement of Bi -law. Township elec- tions. 263 Retiirniii!! Offi- CLT to prucuro coriineil copy of Cutlector'v roll. Q.ii!i1ifiention of Clunliflcaiion of Voters. Proviso as fo oc- cupant of bouoe, Proviso as to owner and occu- pant. Proviso as to Joint owiicm. ITighways, roads, &c. Wt CORPORATIONS AMENDMENT ACT, 1851. of the Collootor's roll for such Township or ward for the year next beforo that in which the elootioii slmll he holclen, so far r.s fiuch loil cnnlaina the names of all male freeholders .ind householders rated upon such roll, in re.«.peol of rateable real property lyinp; in such Township or ward, witli the amount of the assessed vulue of ihe real property for which they shall he respectively rated on snch roll, wliich copy shall be verified bV the aiiidavit or afFirmation of such Collector, or of suoh other [)erson nV may have the legal custody of the original roll for the time being, and also by that of j^nch Returnintj Odicer, to be appended to or endorsed upon such ropy, and which affidavits or affirmations shall be taken respeelively before any Justice of the Peace for the County, or other ollicer havinir authority to administer an oath or affirmation foi' any pur- ])o«e under this Act, and which affidavits or affirmations shall be to the effect, that such copy is a true copy of such roll, as far as the satng relates to such Township or ward, and all male freeholders or house- holders rated upon such roll in resjjeot of rateable real property lying ii) such Township or ward, witli the amount of the assessed value of the real property for wliich they are so rated respectively ; and no person shall be quaiified to be elected a Township Councillor, at any such election, who shall not be a freeholder or hftussholder of such Township or ward, seized or possessed of real property lield in his ovvn right or that of his wife as proprietor or tenant thereof which shall be rated on such Collector's Roll in the case of a freeholiler, to the amount of one hundred pounds or upwards, and in the case of a householder to the amount of two hundred pounds or upwards, and the persons entitled to vott=! at such election shall be the freeholders and householders of sueli Township or ward, whose names shall be entered on the said roll as rated for rateable real property, held in their own right or that of their wives respectively, as proprietors or tenants thereof, and who at the iinieByinfr o of such election shall be resident in such Township or ward. Providejj Tu-cr, always, nevertheless, firstly, — That the occupant of ahouse built of logs, whether hewn or unhewn, shall be considered a householder within the meaning of this Act, in case he shall be rated therefor as a householdetl upon such Collector's roll as aforesaid. Provided also, secondly, — That, the occupant of any separate portion of a house, liaving a distinct com' munication with a public road or street by an outer door, shall also bel considered a householder within the meaning of this Act, incasehej shall in like manner be rated therefor, as a householder, upon fiuctl Collector's roll as aforesaid. Provided also, thirdly, — That vvhene»« both the owner and occupant of any such real property shall be so ratel in respect of such rateable real property, the owner and the occupant sha both bo deemed rated within the meaning of this section : And provi(l« also, fourthly, — That where any such real property shall be owneds occupied jointly by more than one person, and the amount at which tin same shall be 30 rated shall be sufficient, if equally divided between them to give a qualification to each, then, and in every suoh case, every malj whose name shall appear on such roll, as one of thejo-nt owner«i occupants of such real property, shall be deemed a person rated wilti the meaning of this section ; but if the amount at which such real pre perly shall be so rated shall not bo sufficient, if so divided, to gm\ qualification to each of such joint owners or occupants, then, nonen such owners or occupants shall be deemed a person rated within meaning of this section.] Sec. XXXr. Tnlhly. For the opening, constructing, makinc:, Iev?!j ing, pitching, raisin", lowering, gravelling, macadamizing, plankinJ repairing, planning, improvins, preserving and maintaining of any iiej or existing highway, road, street, side-walk, crossing, alley, lane, briil: or other [ Communication within such Township, or between sui ( vi;i niei adjd of a Muf the] duwi road calio new, '.valk 0!ll S stabh wilhc F'J wale- ing th other or sue Towni Twi labour aKvayi 6ub-se statute any pe 'line cr bel wee one or M 185 e ypar nexlbeford fiuc'h loll contains eilupon such roll, ship or wanl, Willi :y for which ihey linU be verified by oh olher person as le time being, and let! to or emlorsed ,ns shall be taken e County, or other mat ion for any pur- ions shall be to the IS far as the same jehoUlers ot hous';- x\ property lyincr iu ;33sed value of the sly, and no person cillor, at any such ■r of such Township n Uis own light oi h shall be rated on )the amount of one householder to the 3 persons entitled to householders of sueli d on the said roll as Ti"ht or thai of theit , a^ndwhoaltheiime I or ward. Provuleil ahouse built of M nsebolder within the for as a householdetl Iso, secondly— That .vins a distinct com- ,r door, shall also bel I this Act, in case he seholdor, upon fiuet 'ly __That vvhene»e ji-ty shall be so rateJ ^nd the occupant shr' fction: And provul ty shall be owned amount at which ll fvided between ther inchca«J, every roa. f ihojoMit owners'' I pers-on rated will; which such real pt Iso divid^'d, to give Ipants, then, none |son rated within li tin-^, maUins, lev?! Jamizing, plankmi intaining of any ii"!' „ alley, lane, brii ip" or between sm CLAUSES OF 12 Vi'C, CAP. 81, AS AMKNDEI), 1851. Tovrnship and any adjoining Township, City, Town or incorporated Village, and for enuring into, performing and executing any arranire- ment or agreement with llio iMunicipal Corporations of any si.ch adjoining Township, City, Tonn or incorporled Village, for the execution of any such work at the joint expense, and for llie joint beiifllt of the Municipal Corporations of such 'lownsliij), ('ity, Town or Village, and the people iliey represcMit respectively,] and for the slo])pir]gnp, pnlling down, widening, altering, changing or diverting of any such highway, loaii, street, side-walk, crossing, alley, lane, bridge, or other comnuiiii- cation within the same: Provided always, nevertheless, that no such rew, widened, altered, changed or diverted highway, road, stieet, side- walk, crossing, alley, lane, bridge or other coinrniinicalion, siiall belaid oil so as to run through or encroach upon any dwelling-house, barn, stable, or outhouse or any orchard, garden, yard or pleasure ground, without the consent in writing of the owner thereof. Fijteenthhj. For making regulations as to pits, precipices, and deep wate:s, [or other places dangerous to Irayellers for regulating or prevent- ing the Fishing with nets or seines, or the erection of wires for eels or other fijih in any stream, river, or water course within such Township, cr such part of any stream, river or water course, as may be within such Township.] Twenty-eighthly. For enforcing tlie performance of Statute or Road labour, or payment of a commutation [in money therefor. Prsvided always, neverlheless, that the power by this and the next preceding sub-section conferred, shall not extend, or be cotistrued to extend, to the statute labour or the commutation money, payable instead thereof, of any person residing upon or whose lands are bounded by any Township ine cr road between two or more Townships in the same County, or between such County and any adjoining Counties or County, or between [one or more Townships, and any City, Town or incorporated Village lying on tiie bounds or within the boundaries of ."such County.] Tu-cnty-niritUy. For the imposing and collecting by distress and sale f the goods and chattels of the ofTender or offenders reasonable penai- ies and fines not exceeding in any case five pounds, ourrenx3y, and easoiiable punishment by imprisonment either in any Lock-up House nany Town or Village situate within the Township or in the County ~aol or House of Correction for any period [not exceeding twRnty ays, and either with or without hard labor, in case of non-paymeiu ot ny such fine, and there being no distress found out of which the same ay be levied for the breach,] of all or any of the By-laws or regula- ions of such Municipality. Sec. XXXV. And be it enacted, That the Municipal Council of eajii lounly shall, at their first meeting on or after the fourth Monday in anuary in each year, choose from amongst themselves a County War- len, who shall thenceforth preside at all [meetings of such Municipal ouiicil ; Provided always, iievertliele?s, that in case of an equality of otes on any such election of County Warden, the member of such flunicipal Council present at such election, who shall be the Reeve, rin his absence the Deputy Reeve, if there be one, and he be present) r the Township, Town or Village which shall have had the greatest lumber of freeholders and householders upon the Collector's Roll there- jf for the next precedinrovided also, Fifthly, that where any such real properly shall be owned 0! occupied jointly by more than one person and the amount at whioh f'e same shall be so rated shall be sufficient, if equally divided between ttiem, to give a qualification to each, then and in every such case every tnale whose name shall appear on such Roll as one of the joint owners 01 '-CGupauts of such real properly shall be deemed a person rated withia the meaning of this section ; but if the amount at which such real pro- perty shall be so rated shall not be sufficient if po divided to give a qualification to each of such joint owners or occupants, then none of such owners or occupants shall be deemed a person rated within the meaning of this section.] Sec. LXXV. And be it enacted, That nothing in this Act contained shall be construed to limit the power of the Governor of this Province to appoint under the Great Seal thereof, any number of Justices of the Peace for any such Town : Provided always, nevertheless, that no such appointment shall be held to limit, determine or otherwise interfere with the jurisdiction, powers, duties or liac'lities of the Justices of the Peace for the County within which such Town shall ba situate in respect of such Town, or in, over, or with respect to offences [committed within the same, except only so far as respects offence:^ against the By-lawa of such Townj and penalties for refusal to accept or he sworn into off|ce in such Town, as to which latter offerees and penalties, jurisdiction shall belong to the Police Magistrate or Mayor of such Town, as the case may be and to the Justice^ i^f the Peace for such Town, and not to those of the County witltin whi* jUcKlown shall be situate as aforesaid.] Sec. LXXXI. Fourthly. For regulating ^•^ licensing the owners of Liver^ Stables, Horses, C.t , Hackney-coaches, Omnibusees, Carts and other Carriages used for hire in such Town, [And for establishing as well the amount to be paid into ihe Corporation Treasury for such license, as the rates,] of pay or hire, ;;nd to compel in a summary manner the prompt payment of the lawful fare or hire to the owner or driver of such Horses, Cab, Hackney Coach, Omnibus, Carts and other Carriages by the parties hiring or using the same, and for preventing runners, stage drivers and others in the streets or public places from soliciting ami teasing passengers and others to travel in any boat, vessel, stage or vehicle. SEc.-'R>XXXni. And i;^XllL. U. enacted, That [For each ward of every ^f **trfa.'..;IJ9i-'.:' next preceding I named or that thereof, to the at the time of always, riever- aperty qiialifica- loliy of fruehold imoiint at which ired ; and provi- )f logs, whether Ider 'within the as a householder Third'y, that the istinct communi- )r, shall also be s Act, in case he older upqn such 1^ that whenever r 'shall be so rated ind the occupant hi.-5 section ; and, ly shall be owned amount at which y divided between y such case every if the joint owners leison rated within lich such real pro- divided to give a )ants, then none of n rated within the his Act contained of this Province to of Justices of the eless, that no such •wise interfere with slices of the Peace tuate in respect of [committed within finst the By-laws of Rworn into o(f|ce in , jurisdiction shall 'own, as the case 'n, and not to those ite as aforesaid.] ling the owners of libustes, Carts and for establishing as , iryfor such license, i timary manner the fer or driver of such ] other Carriages by ting runners, stage |rom soliciting aiw vessel, stage or CLAUSES OF 12 ViC; CAP. 81, A3 AMENDED, 1851. such fity there shall bo two Aldermen and two Councillors, lobe elected as hereiubefore provided with respect to Town Cnunciilors, whicli Alder- men and Councillors shall together cor\stilute the Common Conncil of sucii City, and which City and ;he Mayor and Common Council thereof 5hall have a:id exercise all and singular the same rij^hts, powers, privileges and jurisdiction ir., over and with respect to such City anci ilie liberties thereof, as are hereinbefore given, grunted ur coiilerred upon, or as shall, by virtue of this Act or otherwise, belong to«incorpo- rated Towns, in Upper Canada, the Mayor, Councillors anil Common Councils thereof, and ail the rules, regulations, provisions and enact- ments contained in this Act, as applicid lo such incorporalfd Towns, the xVIayors and the Councillors thereof, and their election, and those by whom such election is to be made, ai d to the Town Council thereof, either by way of reference to those pro.idcd for incorporated Villages or otherwise, shall apply to each of the said Cities and the Mayor, Aldermen and Councillors thereof and their flection, and to the Common Council thereof; Provided always, nevertheless, Firstly, — That the Mayor of every such City shall be elected by the Aldermen and Coun- cillors of such City from among the Aldermen thi-'reof; And provided also, Secondly, — That no person shall be qualiiied to be elected an Alderman for any ward of such City, who shall not be a freeholder or householder of such City seized or possessed of real property held in his own right or that of his wife as proprietor or tenant thereof, which shall bo rated on the Collector's Roll of the ward for which he shall be elected, or on the Collector's Koll or Collectoi's Rolls for some one or more of the other wards of such City for the year next preceding his election, in the case of a freeholder to the amount of forty pounds per annum or upwards, and in the case of a householder to the amount of eighty pounds per annum or upwards, and who phall not be seized or possessed to his own use or that of his wife of such real property either in fee or freehold, or for a term of one year or upwards, situate within such City or the liberties thereof. And provided also, Thirdly, — That no person shall be qualified to be elected a Councillor for any ward of such City, who shall not be a freeholder or householder of such City seized or possessed of real property held in his own right or that of his wife as proprietor or tenant thereof which shall be rated on the Collec- tor's Roll of the ward for which he shall be elected, or on the Collector's Roll or Collector's Rolls, for some one or more of the other wards of such City, for the year next preceding, his election, in the case of a freeholder to the amount of twenty pounds per annum or upwards, and in the case of a householder to the amount of forty pounds per annum or upwards, and who shall not be seized or possessed to his own use or that of his wife of such real property either in fee or freehold, or for a term of one year or upwards, situate \vithin such City or the liberties thereof. And provided also. Fourthly, — That the persons entitled to vote at the elections of such Aldermen and Councillors, shall be the freeholders and house- holders of the ward for which such election shall be held, whose name shall be entered on the Collector's Roll thereof for such next peceding [year, as rated for rateable real property, held in their own names or that \o[ their wives respectively, or proprietors or tenants thereof to the jamount of Eight pounds per annum or upwards, and who at the time of (such election shall be resident in such ward or the liberties attached to |the same.] Sec LXXX[V. And be it enacted. That whenever any of the said ITowns incorporated, or to be incorporated as aforesaid, shall be found |by the census returns to contain more than fifteen thousand inhabitants, |lhen, on petition from the Town Council of^j^Town, itsliall and may 27a Two Alilorinen 11ml 'I'wo Couii- cillurs. Tnwprs of the (-'uriiorutioii. rit'i'iionofMiiyor. Qunliiicaiioii of AlcleriiiRii. Qiinlificatlon of Councillor. Qualification ot Voters. [ \ 1 ftf pverv ■""="> "" peimon irom me lown v^ouncu oi^^^iown, n kch ward 01 eve j mv^ j^^^^j ^^^ ^^^ Governor of this Provinc«f an Order U Tj^ouncil, to ProviHion Willi' res [WO t to tlie erection of incor- E orated Towns ito Cities, on cer- tain ccnditions. i^ 274 New division into WsrdB. Firiit election, aa a City. Proviso for rn- division or alicr- ioL' boundciricD. AmcBsors duties. ABsessinent Rolls wliat to conlniu. Cnileclor* Rolls, what to coiiiuiu. issue such CORPORATIONS AMENDMENT ACT, 1851. a Procliiniution under the Great Seal of the Provincs, ercjcting Town into a City, selling forth the boundaries of such City and of the liberties thereof respectively, with the portions of the liberties to be attachtd to each of such Wards respectively, and including within such boundaries any portion of tlio Township or Town.ships adjacent, which from the proximity of streets or buildings therein, or the probable future exigencies of such City, it may appear desirable in the opinion of the Governor in Council should be attached to such City or the liberties thereof; and to make new divisions of such City into Wards, in like manner as is provided in the case of the saiil Towns ; and the first elec- tion in such place as a City shall take place on the first Monday of the month of January next, after the end of three calendar months from the f teste of such Pruclamaliun. Provided always, nevertheless, that when and so often as it shall be deemed desirable for the greater con- venience of the citizens of any of the cities incorporated or to be incor- porated as aforesaid, that the area forming such City and the liberlies thereof, (either with any portion of the Township or Townships adjacent, which from the proximity of streets or buildings iherein or the probable future exigencies of such City, it may appear desirable should be attached to such City or the liberties thereof, or without, such portion of such Township or Townships) or any part thereof, should be re-divided into wards and the expediency of such re-division shall have been affirmed by a majority of the Common Council of such City, consisting of at least two-thirds of the members thereof, in the month of February, in two successive years, it shall and may be lawful for the Governor of this Province, by an Order in Council, to issue a Proclamation under the Great Seal thereof, re-dividing such City or such pail of such City into Wards, with liberties attached to such Wards respectively, as to him shall seem expedient. And on, from afier the first day of January next after the end of three calenilar months from the teste of such Proclama- tion, such re-division shall take effect to all intents and purposes, as if 8uch had been the original division of such City into Wards, or of the part thereof so re-divided in and by Act of Parliament or Proclamation in the first instance. And provided, also, Secondly, — That in every such re-division, it shall and may ba lawfid, in and by such Proclama- tion, to include within the boundaries of such City or the liberties thereof any portion of the Township or Townships adjacent, which from the proximity of streets or buildings therein, or the probable future exigencies of such City, it may appear desirable, in the opinion of the Governor in Council, should be attached to such City or the liberties thereof.] Skc. CXX. And be it enacted. That [ in future if shall be the duly of all Asse>^sors to state in their Assessment Rolls whether the persons therein named are freeholders or householders, or both, by having r separate column for this purpose, and using the initial letters F. and H. to signify tho same respectively ; and that in future every person whoso (!uty"it shall be lo prepare the Collector's Roll for any Township, Village or Ward in Upper Canada, f-hall be and ho is hereby required to state upon such Roll, 'n proper columns appropriated to such purpose, whether the persons whose names shall appear thereon are freeholders or house- holders, and to designate in like manner the amount for which such person is rated in respect of real property, and the amount for which such person is so rated for personal property, as the same shall appear upon the assessment roll from which such Collector's lioll shall be prepared, as well as the amount to be collected from such persons respectively: Provided always, nevertheless, Firstly,— That the occii- pa'itol a nouse built of logs, whether hewed or unhewed, shall be considered a householder within the meaning of this Section ; ami provided also, Secor.dlVj-^lhat the occupant of any separ^^te portion of a i51. vince, erecting uch City and of ,e libenies to be ling within Buch idjacent, which I probable future le opinion of the or the liberties Q Wards, in like lid the first elec- it Monday of the months from the everlheltss, that • the greater con- td or to be incor- aiidthe liberties wtiships adjacent, in or theprobablw should be attached di portion of Biich be le-divided into iivve been affirmed msistiiigof atleasl [ February, in two e Governor of this aniation under the ,1 of such City intu jctivelv, as to him ay of January next of Buch Proclama- and purposes, as if fo Wards, or of the Mit or Proclamation V,— That in every "by (Buch Proclama- he liberties thereof ht, which from the le future exigencies of the Governor in [ties thereof.] It shall be the duly hether the persons Iboll). by having' a i\] lelleis F. and H. vorv person whosu Township, Village uy required to state [hpuri)Ose,whetUpr ]eeho!d(irs or hous(!-' mil for which sucli amount for whidi! :same shall appi;^r Itoi-'s Roll shall be rom such persons y,— That the occu- limhewed, shall bo this Section; and lepar^te portion of a An Oath of qiialinr.iition to be taken bf cunaln Utticerf. roruiin por«ong diwiunlifled from being elected Aldermen or CouuciUori. CLAUSES OF 12 VIC, CAP. 81, AS AMENDED, 1851. house having a direct commulication with a Public Road or Street by an outer door, shall niso be considered a houf ehol Jer within tlie ■•aninjj; of the same.] Sec. CXXIX. And be it enacted, That everj person who shall be elected or appointed under this Act, to any office which requires a qualification of property in the incumbent, shall, [before he shall take the oath of Office, or enter into the duties of such Ofiice, take] and subscribe an oath or affirmation lo the effect following, that is to say : "I, A. B., do swear (or affirm, where the party is entitled to affirm Tbooath. " instead of swear) that I am a natural born (or naturalized) subject of " Her Majesty ; that I am truly and bona fide seized to mv owti use and " benefit, of such an estate (spcdfijin^ the nature of such estate, and if " land, designating the same hij its local description, rents, or othcrivise) as " doth qualify me to act in the oltice of (naming the office) for (naming- the. ^' place for which such person is elected or appointed) according to the true " intent and meaning of a certain Act of the Parliament of this Province, " passed in the year of the reign of Her " Majesty Queen Victoria, chaptered (inserting the chapter of this Act) "and intituled, An Act, &c. (inserting the title of this Act). So help me "God." Sec CXXXII. And be it enacted, That no Judge of any Court of civil jurisdiction, no Naval or Military Officer on full pay, and no person receiving any allowance from the Township, County, Village, Town or City, (except in the [capacity of Town Reeve or Deputy Town Reeve,] or in capacities incident thereto,) and no person having by himself or Partner any interest or share in any contract with or on behalf of the 'ownship. County, Village, Town or City, in which he shall reside, ehall be qualified to be, or be elected Alderman or Councillor for the same, or for any Ward therein. Sec. CXLIV. And be it enacted, Tiiat it shall be the duty of such Au- ditors to examine, settle and ellow or report upon all accounts which may be chargeable upon or may concorn such Corporation, and which may relate to any matter or thing under the control of, or within the jurisdic- tien of such Corporation for the year ending on the thirty-first day of December preceding their appointment an such Auditors; and to publish [an abstract of the receifts and e.tpenditures and liabilities of such Corporation in some public newspaper published within the jurisdiction of such Corporation, or in any other manner that such Corporation may by By-law direct,] and to file their report thereon in duplicate in the Office of the Clerk of such Municipal Corporatior?, which they shall do in at least one month after their appointment, and from thenceforth one of such duplicate reports shall at all seasonable hours be open to the inspection of any inhabitant of such Township, County, Village, Town or City, with power to take by himself, or his clerk or ageni, but at his own expense, a copy or copies or an extract or extracts from the same at his pleasure. Sec. CLIV. And be it enacted, That [when no other statutory pro- TJsioii exists for the appointmi3iil of a Returning Officer to hold any Municipal Election lecjuired to be held by law, it shall and may be lawful fur the (iovernoi of ihis Province to appoint a Returning Officer to hold such Election, and if the person so appointed or any person,] whose duty it shall be, according to the provisions of this Act. or by viitue of any appointment made under it, to hold any electioit under the authority of the same, shall bo absent at the lime appointed for any such election, or if there shall be no such person, or such person be dead, it shall be lawful for the persons then and there assembled and entitled to vote at such election, to appoint from amongst themselves a Returning Officer, who shall forthwith proceed lo hold such election in 276 Audlcon to ccattino all ■ccountB Bi(aiait or concerning Corporation. aad! To publish s cuttement of expenditures liabilities of Corporalion. And lile a dupli- cate report there- on with the Clerk oftheCorpora- tiou. Provision wlien llierc is no proper (JffK'cr to hold ail election. I 276 ProviBO. Pnriied intcrtiiod limy rt'fiiilro of 'I'owti-( 'lorlii . HtC, COIlit'K 01 By-liUWH, oil piiying 11 n.MHOn- ahle li'i; therefor. Superior Courts infiy he movf I »o <|un?h any Uy- luw. Proi'pruIingB itiercon. Provision a« ti i actions fur tiilii iloiie under By- laws. Amends may be tendered. CORPORATiONS AMENDMENT ACT, 186J. lieu of -^uch other first mentioned person : Provided always, nevorthe- ' '33, thai thoiippointineiitof such substituted Returning Officer shall not be made until at least ono hour after the hour appointed by lawful authority for commencing the proceedings ut .such election. Skc. CLV. And bo it eii.icted, That it .•iliall be lawful andcompf't* 'it to and for any re.sident of any Township, Villuge, Town, City or County in Uppor Canada aforesaid, in which any Wy-luws shall bo pii'<'<'<«*l, or )t'snfli ily-l;ivv, ipy of siu'h liy- ty Cli.M-k «Ual!, lis feo therol' >r, -law, [ciM tilled II of whii^hhu is rts of ( union copy and ipuii uwnsliip, Town, luy piullliereot : in tlie wholo or service of a rule than oiL^ht days hed in the wholo tiole or in pail as it shall appear to in the part coin- lon, or otherwise islained for or by h By-law, unless ne shall be done nth at least pre vi- jn, or any person to be tendered to cing pleaded, no it shall and may the Plaintiff, and Ige that the same ,1hat any amount jrecovered against U 10 the course of at no such appli- e been specially anv rate shall be le entertained by leri made within Llion of such By- J promulgation of latious Acts, shall af a true copy of |ity, with a notice .plications to the case of By-laws .phatsoever, then with such not«ce itice setting forth of the other parts limited for such ishall for the pur- veekly or oftener lorporation ; or if CLAUSES OF 12 VIC, CAP. 81, AS AMENDED, 1851. tlior> be no such public newspaper vvilhin such jurisdiction, then in nt least two puli'ic nowspaners nublinh(?d weekly or (jftenor nearest to such jurisdiction, every which publication shall for the purpose aforesaid bo continued in at least three consecutive numbers of such paper : Provided also, thirdly,— that the notice to be appended to every such copy for the purpose aforesaid shall and may be to the effect following, that is to sav : " NoTici;. — The above is a true copy of a By-law passed by the Municipality of the Township of A, in the Couii'yof B, one of the United Counties of B, C and D, {or os I'le case vwy /ic,) on tho day of , 185 , and {where the approval of the Governor in Council is by law required to giv effect to suck By-law) approved by His Excellency the Governor General in Council, 6n tie day of , 185 , and all persons are hereby nui ired to take notice, that any one desirous of applying to have such IJy-law or an. part thereof quashed, must make his application for that purpose lu one of Iler Majesty's Superior Courts of Common Law at Toronto, within six Calendar Months at the farthest after the special prom uli^'atiun eof by the publication of this notice in three consecutive numbf he following newspapers, viz : — (h'-^<^ nume the newspapers in u,,.,,* tlie publication is to be made) or he will be too late to be heard in that behalf. G. H. Township Clerk." And that the notice setting forth the amount of such rate, and giving the substance only of the other parts of such liy-law, for the purpose afore- said, shall and may be to the effect following, that is to say : Township A, in the County of B, one of the United Counties of B, C and D, in Upper Canada ; to wit : Notice is hereby given, tliat a By-law intituled (w^ out in the title,) and numbered (give the number by which the By-law is designatid,) was ou the day of , 185 , passed by the Municipal Cor- poration of the Township of A, in the. County of B, one of the United Counties of B, C and D, in Upper Canada, for the purpose of [here set out in substance the object of the By-law, as "for the purpose of raising the necessary funds to meet the general public expenses of the Town- ship of ' for the year 185 ," or " for the purpose of raising and contracting for a loan of Pounds, for making and macadamizing a Road from to "or otherwise, as the case may be (and where the approval of the Governor in Council is by law required to give effect to such By-law,) approved by His Excellency the Governor General in Council, on the day of 185 ;] and all persons are hereby required to take notice, that any one desirous of applying to have such By-law or any part thereof quashed, must make his application for that purpose to one of Her Majesty's Superior Courts of Common Law at Toronto, within six Calendar Months, at the 'arthest, after the special promulgation thereof, by the publication of this notice in three consecu- tive numbers of tho following newspapers, viz : (here name the newspapers inwhich the publication is to be made) or ho will be too late to be heard in that behalf. G. H. Township Clerk. And provided also. Fourthly, That unless application to quash any Rich By-law, which shall be so specially promulgated as aforesaid, shall be made within the time so hereby limited for that purpose ; such By- law, or so much thereof as shall not be the subject of any such applica- tion, and which shall not be quashed upon such application, so far as the same shall ordain, prescribe or direct any thing within the proper com[)etence of such Municipal Corporation to ordain, prescribe, or direct, shall, notwithstanding any want of substance or form, either in such By-law itself, or in the time or manner of passing the same, be to all 277 111' '% % i A IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 1.4 2.5 2.2 2.0 111^ 1.6 V /} em *^^i / 5> "'^^y %<»? Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 87^-4503 fV V ■^ o ^9) V c> > '%^ ? r/. <^ 278 Vaeancloi In ofneesofWaHan, Mayor, ftc, bow to be filled up. A Bufflcient turn to be levied l>j aMeBsment for payment of «ll Michdebtd, and iDtereBt. By-Iawi iveRting or authorizing any debt not to be valid ualeM«ufIi- clent proviBion be therein made for levying moneys for the payment oftucbdebt with- iu twenty years. Such By-law not lepealable, Itc Proviso : how any temporary surplus of such moneys may be invested. COIIPORATION0 AMElfDMENT ACT, 1851. intents and purposM «httaoever deemed to be and to have been a valid By-lav for the purpoMt intended." CLXVI. And be it enacted, That if there shall be any vacancy or vacancies jn the oflices of [Warden, Mayor, Town reeve or Deputy Townreeve by reason] of the death or removal of residence of any such ofHcer, the respective Municipal Corporations in which such vacancy shall occur, shall and may respectively choose, from amongst their own number, a qualified person to be a [Warden, Mayor, Townreeve, or Deputy Townreeve, as often,] as the case may occur. Skc. CLXXVII. And be it enacted, That [subject to the provisions hereinafter contained, it shall be the duty of such Municipal Corpora- tions, respectively, to cause to be asses.sed and levied upon the whole rateable properly in their several Counties, Cities, Towns, Townships and Villages respectively, a sufficient sum of money in each year to pay all debts incurred or which shall be incurred, with the interest thereof, which shall fall due or become payable within such year, and no By-law hereafter to be passed for creating any such debt, or for contractinn: any loan, shall be valid or effectual to bind any such Municipal Corporation, unless such By-law shall contain a clause appointing some day within the financial year in which such By-law shall be passed, for the same to take elTect and come into operation ; nor unless the whole of such debt or lean shall by such By-law, and by the bills, bonds, debentures, or other obligations thereby authorized to be issued for the same, be thereby made payable within twenty years at the farthest (exclusive of the first and last days of such period) from the time that such By-law shall be so appointed to take effect and come into operation ; nor unless a special rate perannum over and above and in addition to all other rates •whatsoever shall be settled in such By-law fo be levied in each year for the payment of such debt or the loan to be contracted, with the interest thereof, nor unless such special rate according to the amount of rateable property in such County, City, Town, Township or Village, as the case may be, as such amount shall have been ascertained by the assessment returns for such County, City, Town, Township or Village, for ihe finan- cial year next preceding that in which such By-law shall have been passed, shall be sufficient to satisfy and discharge such debt or loan, with the interest thereof, within tv\enty years at the farthest from the time that such By-law shall be so appointed to take efTect and come into operation and on the days and times and in the manner stipulated by such By-law, and by the bills, bonds, debentures, or other obligations directed to be issued for the amount of such debt or loan, under the authority thereof; and it shall not be competent to any such Municipal Corporation to repeal such By-law, or to discontinue such rate until the debt so created or the loan so contracted, and the interest thereof, shall be fully paid, satisfied and discharged ; nor to apply the proceeds, of any such special rate, or any part of such proceeds, to any other purpose than the payment, satisfaction, and discharge of such debt or loan, and the interest thereof, until such debt or loan, with the interest thereof, shall have been fully paid, satisfied and discharged ; Provided always, nevertheless, that in the event of there being any part of such special rate on hand, and which cannot be immediately applied towards the payment, satisfaction or discharge of such debt or loan, or the interest thereof, by reason of no part thereof being then due and payable, it shall be the duty of such Municipal Corporation, and they are hereby required to invest such money in the Government securities of this Province, or in such other securities as the Governor of this Province in Council shall think fit to permit, direct or appoint, and to apply all interest or dividends to arise, or be received upon the same, to the like purpose as the amount go levied by such special rate, and no other.] .851. ave been a valid any vacancy or •eeve or Deputy BHce of any such •h such vacancy mongst their own •, Townreeve, or to the provisions jnicipal Corpora- i upon the whole owns, Townships 1 each year to pay le interest thereof, ;ar, and no By-law or contracting any icipal Corporation, r some day within ssed, for the same the whole of such bonds, debentures, I for the same, be rthesl (exclusive of ! that such By-law sration ; nor unless ion toall other rate* led in each year for d, with the interest amount of rateable iTillage, as the case jl by the assessment illage, for the finan- vv shall have been such debt or loan, 10 farthest from the ;e efTect and come manner stipulated or other obligations or loan, under the iny such Municipal P such rate until the [terest thereof, shall y the proceeds, of any other purpose fh debt or loan, and [he interest thereof. Provided always, tart of such special .pplied towards the loan, or the interest aid payable, it shall are hereby required of this Province, or Ince in Council shall nterest or dividends pose as the amount CLAUSES OF 12 VIC, CAP. 81, A8 AMENDED, 1851. Skc. CLXXXVIII. And be it enacted, That [on the stopping up or altering of any Road under the authority of this Act, where the Road thus stopped up or altered,] ahali not have been an original allowance for Road, or where the saniQ shall lie within any Incorporated Village, Town or City or the liberties thereof, the site of such old Road shall and may be sold and conveyed by the Municipal Corporation under whose authority the alteration was made, to the party or parties next adjoining to whose land or lands the same shall have run, or in case of his, her or their refusal to become the purchaser or purchasers thereof at such price or prices respectively as such Municipal Corporation shall think reason- able^ then, to any other person or persons whomsoever ; provided always, nevertheless, that it nhall not be lawful for any such Municipal Corpo- ration to sell and convey any such old Road or any part thereof to any other than the person or persons first mentioned at any given price until such first mentioned person or persons shall have refused to become the purchaser or purchasers thereof at such price: And in case the person or persons now in ]K)s»es3ion of any Concession Road or Side Line may have laid out Streets in any City, Town or Village without any compen- sation therefor, he shall be entitled to retain the land within such City, Town or Village originally set apart for such Concession Road or Side Line in lieu of the Street se'. apart by him in place of the said Conces- sion Road or Side Line. Sec. CXCI. And be it enacted. That it shall and may be lawful for any of the Municipal Corporations, created or to be created under the authority of this Act, to authorize by By-law any person or persons who may be willing to contract with them, for that purpose, to plank, gravel or macadamize any road or to build any bridge, which, under the pro- visions of this Act, any such Municipal Corporation would themselves have a legal right to plank, gravel, macadamize or build, and to grant to such person or persons in consideration or part consideration of the execution of such work, the tolls to be levied on the same after it shall have been completed ; Provided always, firstly, that the rate of lolls to be taken upon such work, shall in all cases be fixed by By-law of such Municipal Corporation, and not be in the discretion of such person or persons so contracting as aforesaid ; And provided also, secondly, that no such tolls shall be leviable until such Municipal Council shall by a subsequent By-law have declared that the work contracted for has been completed, and that the tolls may be collected thereon accordingly ; And provided also, thirdly, that the grant of such tolls shall in no case be for a longpr period than [twenty-one years] from the time of the pass- ing of such hist mentioned By-law by which the levying of such tolls shall become lawful ; And provided also, fourthly, that it shall be the duty of such person or persons during the period that his or their right to levy tolls under such By-law shall continue, to keep or maintain such road or bridge in good and proper repair; And provided also, fifthly, that none of the powers and privileges conferred by an Act passed in this present Session of Parliament, intituled, An Act to authorize the formation of Joint Stock Companies for the constrvction of Hoads end other Works in Upper Canada, ehall extend to confer upon any Company formed or pre- tended to be formed under the authority of that Act, any power or interference with any authority conferred by any such By-law upon any person or persons under the authority of this section. Sec. CXCV. And be it enacted, That upon the passing of any By- law, by any Municipal Corporation erected or to be erected under the authority of this Act for the purpose of authorizing the opening any road, street or other public thoroughfare, or of changing, widening or diverting any road, street or public thoroughfare so as to caune the same or any part thereof to go through or be placed upon or injuriously to affect the 279 •Vhen >ny other road ii altered, tlie lite of the old road may be aold by Corporation to the party next whoie land it runi, ftc. ProTiio : who shall have thtt first offer. As to parties having given land tur roads without couipei*- ■ation. Corporation may authorize persona to plank, Sec, Roads, or build Bridges within their jurisdiction. Proviso : Tolls to be fixed by Corporation. Proviso : tolls not leviable until the worii is comple- ted. Proviso : tolls not to be granted for more than (twen- ty-one years.] Proviso : persons receiving lolls, to keep roads, Ice, in repair. Proviso as to companies form- ed under the general Act of this Session. Koads to pass over, &c., private property, arbitra- tors to be ap- pointed. 280 Arbitrators to fix the compenBatiOD if any. Proviso : Awards flubject to Court ofQ.B. Froviso : in c.ise of neglect of Head of Coriwration to appoint arbitra- tor, &c., party in- terested may sue Corporation, tec. Action Bustoina- able without proving entry.* By-law may then be repealed, and costs tendered, No entiy allowed until di- mages and costs t;e paid. CORPORATIONS AMENDMENT ACT, 1851. land or other real property of any person or persons, it shall antl may be lawful for the person or persons who shall own suoh property to name an arbitrator, and give notice thereof in writing to the Cleric of such Corporation, and the liead of the Corporation shall, within three days after such notice, name an arbitrator on behalf of such Corporation, and give notice thereof to the person or persons owning the said property and appointing such arbitrator as aforesaid, [or if within three Calendar Months after service of a copy of such By-law certified to be a true copy under the hand of the Clerk of such Corporation on the person or persons owning such property, such person or persons shall omit to name an arbitrator and give notice thereof as aforesaid, it shall and may be lawful for the Head of such Corporation to name an arbitrator on behalf of si^ich Corporation, and to give notice thereof to the person or persons owning the said property, and such person or persons shall vi'ilhin three days after such notice name an arbitrator on his or their behalf, and upon such two arbitrators being so named as aforesaid, they shall] within three days thereafter, appoint a third arbitrator, and the said three arbritraiors, or the majority of them, shall have power to determine upon and award the amount of damages (if any) to be paid to such person or persons as aforesaid, and their award shall be binding on such person or persons, and on the said Corporation respectively, so as such award be made in writing witliin three calendar months after the appointment of the third arbitrator as aforesaid : Provided ahva)-s nevertheless, firstly, that every such submission and award shall be subject to the jurisdiction of Her Majesty's Court of Queen's Bench for Upper Canada, in the same man- ner and to the same extent for all purposes whatsoever as if there had been a submission of the matters in difference by bond between the parties containing an agreement that such submission should be made a rule of that Court : And provided also, secondly, [that if the Head of such Corporation, or the person or persons owning such property, shall neglect to appoint an arbitrator within such time as is so prescribed for that purpose as aforesaid,] or the said two first mentioned arbitrators shall be unable to agree, or shall not agree upon and appoint a third as afore8aid,or the said three arbitrators or the majority of them, shall be una- ble toagree, or shall not agree upon an award within the time aforesaid, then and in every such case, it shall and may be lawful for such person or persons, so interested as aforesaid, to institute a special action on the case at law against the Municipal Corporation by which such By-law shall have been passed, and such action shall be sustainable, whether any entry shall be made under such By-law or not, or whether any use shall be made of such property under such By-law or not, and if no such entry or use other than for the purposes of survey shall be proved at the trial of any such action, then the Judge who shall try the same shall certify the want of such proof upon the record, and in such case it shall and may be lawful for such Municipal Corporation, at any time after such trial, and until four calendar months after the rendering judgment upon such verdict, to repeal such By-law, and to tender and pay to the Plaintiff in such action, or to the Plaintiff's Attorney, the taxed costs of the said Plaintiff in such act' and from and after such tenderer pay- ment, the Municipal Corpr against whom such action shall be brought sliall be discharged fi ^..i the damages which shall be assessed in such action, and the land or other real property which shall be proposed to be taken by any such first mentioned By-law, shall be and remain as if no such By-law had been passed; arid no entry or other use of such land or real property, for the purposes of such first mentioned By-law, shall be lawful after the assessment of such damages by the Jury, until the amount of the damages assessed, and the costs of the Plaintiff in such action, sha! I have been levied by the Sheriff, or paid.or discharged, or law- fully tendered to the Plaintiff or the Attorney for the Plaintiff in such action. L851. • hall anil may be property to name e Clerk of such vithin three days Corporation, and said properly and 1 three Calendar to be a true copy person or persons omit to name an nd may be lawful on behalf of silch )r persons owning within three days behalf, and upon »hall] within three . three arbritraiors, e upon and award srson or persons as person or persons, award be made in ilnient of the third 1, firstly, that every jurisdiction of Her , in the same man- irer as if there had bond between the on should be made that if the Head of uch property, shall is so prescribed for sntioned arbitrators 1 appoint a third as them,shallbeuna- the time aforesaid, for such person or ecial action on the vhich such By-law istainable, whether )r whether any use not, and if no such .11 be proved at the try the same shall such case it shall , at any time after enderinja! judgment der and pay to the the taxed costs of inch tender or pay- ch action shall be ihall be assessed in . shall be proposed ,1 be and remain as r other use of such lentioned By-law, by the Jury, until [he'Plaintiffinsuch discharged, or law- lintiflfin such action. ASSESSMENT AMENDING ACT, 1861. • ' [Clauses of ?? and 14 Vic., Cap. 64, as amended.] Sec. XV. And be it enacted, that in case of there being ati equality of votes in the Municipal Coroporation of tmy Township or Village, on the Election of Townreeve for such Township or Village, or in the Munici- pal Corporation of any Town or City, on the Election of Mayor for such Town or City, the Member of such Municipal Corporation [present at such election, who, according to the Collector's Roll or Rolls of such Township, Village, Town or City, for the year next preceding thai for which such election shall be held, shall be assessed for the highest amount, shall have a second or casting vote in such election, and in the event of there being two or more such menibers assessed for llie same amount, but that greater than that of any of the other members present at such election, it shall be decided by lot, between such equally assessed members, which of them shall have the second or casting vote on such election, and such member shall have such second or casting vote on such election accordingly.] Sicc. XVI. And be it enacted, That in every Proclamation erecting the Townreeves and Deputy Townreeves of any Junior County into a Provisional Municipal Council for such Junior County, a time and place may be appointed for holding the first Meeting of sn(?h Provisional Municipal Council, and some one of such Townreeves or Deputy Town- reeves appointed to preside at such Meeting, and in case any such Proclamation shall not contain any such appointment of lime or place or of a person to preside at such first Meeting, and in all cases of the erection of such Provisional Municipal Council by Act of Parliament, such lime and place and such presiding Officer as aforesaid shall ana may be appointed by the HighSheritTof the United Counties, of which such Junior County shall be one, by a warrant under his hand and seal directed to such Townreeves and Deputy Townreeves by their name of office, and published in the Oflicial Gazette of this Piovince: Provided always nevertheless. Firstly, that such presiding Officer shall preside in 8uch Provisional Municipal Council only until a Provisional Warden shall be elected by such Provisional Municipal Council : And provided also, [secondly, — That in all cases of an equal division of votes in the election or appointment of a Provisional Warden, a second or ca«ling vote shall belong to such member of such Provisional Municipal Council as would be entitled to the same were it an election for a Warden. And provided also, thirdly, That in all other cases] of an equal division of votes on any question pending in any such Provisional Municipal Council, the Provisional Warden of such County, or the Presiding Officer of such Provisional Municipal Council for the time being, shall have a second or caaUng vote on 8uch question. ASSESSMENT AMENDING ACT, 1861. ACT Yf^fYfyfcTTcAP .110. An Act to exjilain and amend the Assessment Lrno of Upper Canada. [30lh August, 1851.] WHEREAS it is expedient to explain and amend, in the manner hereinafter mentioned, the Act passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign, and intituled. An Act to establish amove equal and just sustem of Assessment in the several Toton^hips, Villages, Towns and Cities in Upper Canada, hereinafter called The Upper Canada Assessment Act o/1850 : Be it therefore declared and enacted, &o., and it is hereby enacted by the authority of the same, 281 Case of equality of vote* for Mnyor, &.C., pro- vided for, , Time nnd place of first meeting of provisional muni- cipal council to be .nppointcd by proclamation. How, if the P.M. C. be erected by Act of Parlia- ment. Proviso. Proviso. Preamble. 13 & 14 V, c. 27. !! . 282 I Intent of the Mid Act declared u to— Machinery. Arerige Stock of Uoods. hi what place anypariyghfill be iMcsscd for Stock afCkxxlf ; Or tot iucomc. Vacant Lota in Towns, Sec Penaions. tneome from Farms notaoBesi- able. Kxercption In favoti,- of OlTiecrs on full or half pay. Proviso to sei.22 re[)ealcd in part. Oovernor declar- ed exempt. Oonnty Councils to examine the Aaaesament Rolls and equalize the valuations in the several Tovvn- sbipi, &c. ASSESSMENT AMENDING ACT, 1851. That it was and is the intention of the said Upper Canada Assessment Act of 1850— That all machinery so fixed in any b'lilding or real property as to form in law part of the really, shall be valued and assessed as part of such building or property : That in the average stock of goods on hand of every merchant, trader or dealer, manufacturer, tradesman or mechanic, all materials intended to be used by him in the manufacture of any goods, in whatever slate such materials may be, as well an the manufactured goods themselves, whether in a complete or incomplete .•ilnle, shall be included : That every person, partnership, company, or body corporate, should be assessed for his, her, or their average stock of goods as aforesaid, in the place where such stock of goods is kept, or, if it be kept partly in one place and partly in another, then in each such place for the average slock (here, although such person, or any member of such partnership, company, or body corporate, should reside elsewhere; but no person assessed for such stock, or any part thereof, for a greater amount than his income, shall be liable to be taxed upon his income, in the same or any oiher place : That every person liable to be a'sesspd upon his income, shall be ao assessed in the Municipality wherein he resides, although the place at which he exercises the trade, calling, office, or profession from which such income is derived, may be wilhiu aowe other Municipality : That every vacant Lot in a City, Incorporated Town or Village, shall be assessed at its actual value, and si.v percent, thereon shall be deemed its yearly value; and no Lot having any building upon it shall b« assessed at a less sum than if it were a vacant lot. That the word " Office," in ihe fouilli section of the said Act, does and shall include all pensions payable out of the public moneys of this Province. IL And be it declared and enacted, That the terms, "Income from any trade, calling, office, or profession," in ihe Upper Canada Assess- ment Act of 1850, do not and shall not extend to or include the income of a farmer derived from his farm, or to the full or half pay of any one in any of Her Majesty's Naval or Military Services, or to any pension, salary, or other gratuity or stipend derived by any person from Her Majesty's Imperial Treasury, or elsewhere out of this Province; nor shall the other personal property of any such persons in such Naval or Military Services, on full pay, or otherwise in actual then pre.^ent ser- vice, be liable to be assessed, noi shall such persons be liable to perform statute labor, or to couimute for the same under the said Act. III. And be it enacted. That so much of the first proviso to the twenty-second section of the said Aoi us refers to the Municipal Cor- porations of Cities, Towns and Villages, shall be, and the same is hereby repealed. IV. And be it declared and enacted. That the said Act does not and shall not apply to the Governor or Lieutenant-Governor of this Province in any way, nor is he nor shall he be assessable under it ; nor shall any other person administering the government of the Province for the time being, be assessable for his official income as such Administrator. V. And be it enacted. That the Municipal Council of each County and Union of Counties, at a meeting to be held by them for that pur- pose annually, on the first Monday in the month of May in each year, and to be continued by adjournment from time to time till .such duty be completed, shall examine the Assessment Rolls of the different Town- ships, Villages and Wards of Towns divided into Wards, in the County 51. nada Assessment il propsrty as to messed as part of merchant, trader ateriiils intended n whatever state ;()ods themselve*, eluded : corporate, should Is as aforesaid, in be kept partly in ;e for the average such partnership, ■e ; but no person ater amount than le, in the same or icome, shall be lo iou of tinlona of Coun- tiM provided for. Bedital. To whnt County £ro|)orty sliiill eIonR,"&e. wlicn a tract is dctncticil from n ( 'oiiiity utider this Act. secoud, twenty-third, thiity-firth nndlhirty-^eTentb, nections of tho i^aid last reciltid Act, (by which sections proTirion is madA for and willi respect to the dissolution of the unions of Counties, and niniters connected therewith), shall, in so far as may bo consistent with the other provisions of this Act, apply to the unions of Counties formed under this Act, as fully as to those authorized by the Act above recited. iV. And be it enacted, That at any time after the first day of Fobruaty next, it shAll bo lawful for tho Governor of this Province, l)y an Order mi Council, to issue a Proclamation under tho Grnat Seal of the Province, with reference to any of tho Counties of J^lgin, Waterloo, Ontario, Brant, (»roy, Lambtou or Wollaud, naminpf a place within such County for a County Town, and erectiniilhe Town Reeves anil Deputy Town Reeves of such County then elected or thereafter to be elected for the same, into a provisional Municipal Council for such County, and declaring such Municipal Council a Provisional Municipal Council under the authority of tho Act last above cited, until tlio dissohilion of the union of such County with the other County or Counties io which it is by this Act united ; and each and every such provisional Municipal Council, shall, with re{;;ard to the County for which it shall be erected by such Proclamation, have, possess, excercise anil ppifortn all and sinpnlar the rights, powers, Jfivileges and duties conferred, granted or imposed upon provisional Vlunicipal Councils %rected by Proelamatiou under the said recited Act, which shall apply to it in the same manner as to any provisional Muni- cipal Council erected under the said Act : and the first meeting of such Provisional Municipal Council shall bo held ■ at tho County Tov/n appointed by such Proclamation, and at such time as shall be thereby appointed, but if not held at such time, then at any time on which a majority of the members thereof shall agree. V. And be it enacted, That so soon us the Court House and Gaol in any one of the said Counties shall have been erected and completed at the County, Town of such County according to the provisions of the fifteenth section of the Act last above cit»d, and the other provision* of the said fifteenth section shall have been complied with by such County, it shall and may be lawful for tho Gorernor in Council to issue a proclamation dissolving the union between such County and the County or Counties with which it is united according to the Schedule B of this Act; ahd if it be so united with more than one County, then the remaining Counties shall form a union ol Counties under this Act until they be separated in the manner by the said Act provided ; and all provisions of the said Act or of this Act applicable to unions of Counties in general shall be applicable to such union, to all intents and purposes, as if such remaining Counties had been set forth as euch in the said Schedule B of this Act. VI. And whereas in some cases Townships or other tracts of land or localities will, when this Act comes into eftecl, he detached from the County to which they now respectively belong, and attached to another, and it is necessary to make provision for such cases: Beit .herefore enacted, That (except in those cases with regard to which it is otherwise provided by this Act) tho Court House and the land thorennto attached, with all tho appurtenances and dependencies theieof, and all the personal property of the County from which any Township or other tract shall be detached under this Act, and all laves due in such County before this Act shall come inlo elfect, and all olher moneys due Io such Coiinly, shall, afler this Act shall come into effbct, be the properly of the County in which such Court House shall be situate, which, notwithstanding any change of its limits or name, shall be held to be t!io same County and the same Municipal Corporation with that of which such Court House was the County Cnnit House before this Apt camt' into eii'ect, and shall be entitled to claim and recover and enforce all , 1861. ions of tho »aid ind vrithreepecl litem connected other proviiions ider this Act, as diiy of Fobruaty (, by an Order in of tlie Province, I, Ontario, Brant, ich County for u ity Town Reeves ed for the same, ,d declaring such nrtheaulliorityof 11 of such County Act united ; and II, with regard to iclamation, have, rights, powers, upon provisional said recited Act, irovisional Muni- t meeting of such ho County Tov/n s shall be thereby lirae on which a [louse and Gaol in and completed at provisiouB of the other prof iaione of h by ftuch County, ouncil to itssue a Ay and the County Schedule B of this County, then the ider lhi» Act untd provided ; and all nions of Counties mts and purposes, such in the said >r tractP of land or ietached from the lached to another, s ; Bo it .herefore ;ich it is otherwise loreunto attached, loof, and all the Township or other [ue in such County ,. moneys due to -t, be the properly L situate, which, [hall bH held to be (with that of which fore this Apt came \x and enforce all TERRITORIAL DIVISIONS ALTERATIONS, 1851. debts, effects and obligations belonginp 't or contracted in favor of such last mentioned County, and shall bo liable for all dehlA or obligations due from or contractec) by the same, and all By-lavrs of tho same shall rsmuiii in force in such County ati limited by this Act until repealed or altered by competent aiilhorily ; and no suil, action or pioceRditig shall abate or bo di^icontinnell in conse(jupitce of such change of limils or of name, but may he continued and completed by or against sucli County, with its new limils and by its now name, as eiftctively as if such limils or name had not been changed : Provided always, that any ('oiuity or Union of Counties under tins Act shall, after this Act shall come into force, be hekl to be llic same Municipality and the surne Corporation with the County or Union of Counties which, before iho coming into force of this Act, had llio s;nne Court House, notwithhianding any change of limits or of name aH'ccted by this Act, and nolwilhslanding that it may afler the coming into foico of this Act bo a Union of several Counties instead of bi.'iiig a single County as iheretofoie. VIF. Provided always, and bo it enacted, That the County from which any Township, tract of land or locality shall be detached under this Act. shall, with reference U) any County of which such Township, tract or locality is theieafter lo form a part, he known as the " Elder County," and the County of which such Township, tract or locality so detached is iheroai'ler to form a part, shall, with reference to such Elder County be known as tho " Younger (bounty ;" ami if a Comity be divided into two or inoio Connlies, ihen that in which the present Court House is situate shall be tlu! Elder County ; and it shall be lawful for such Elder or Younger Counties, "or the Unions of which they re- spectively form part," to enter into an agreement for the adjustment and settlement of the proportion (if any) of any debt due by such ElJer County, " or the union of which it forms part," which it may be just that such Younger County, *' or union of Counties,^" should tak* upon itself, " in respect of such accession of Territory," with the time or times of payment thereof : and every such agreement shall both in law and equity be binding upon suchJEIder and Younger Counties, *' or anions of Counties respectively:" Provided also, that if the said Counties, "or unions of Counties," shall not enter into such agreement the proportion of such debt (if any) to be assumed by such Younger County, " or union of Counties," shall be settled by arbitration in like manner as similar questions arising between a Senior and a Junior County are directed to be settled in default of agreement, by the fifteenth section of the Act above cited ; and the portion (if any) of such debt so agreed upon or settled, shall be a debt due by the Younger "County or union of Counties," to the ElderCounty " or union of Coun- ties," and shall bear legal int<'rest from the day this Act shall come into effect, and its payment shall be provideil for by the Municipal Council of such Younger County " or union of ('ounties," in like manner as is or shall be required by law with respect to other debts duo by such Municipal Council, (in common with others,) and in delault there- of it may be sued for and recovered as any of such other debts. VIII, Provided always, and be it enacted, That the Townships of Waterloo, VVilmof, Weliesley, and that portion of the present Township of Woolwich not included in the new Township of Piikinglon, shall be responsible lor their share of the debt incurred or to be incurred for tlie construction of the Gnolph and Dundas Koad, in proportion to their respective assessments for the year of Our Lord one thousand eight liundred'and forty-ei-jht, relatively to the corresponding assessments of the other portions of the late District of Wellington, for that year, and shall^have a lien on the road for the amount of any payments they may be called on to make in consequence of such liability, but any qucgioua 287 Ar to (lohti dua liy niiy <'oiiiity Iroiii wlik-li a Unci ii (JutadMd. I ProTiioin wMOf Dou-agreoinom. Spoi'ial prOTigion as to Ciiicljili **i Dunlins Koud di;bt. (• : I 288 A'HH IJ Vli;f. r. SI, mil i:i ill. I II .'ipfily U) ''uuiiii.'a illl I rowMMliiiH MriHtitlUcj lllhllT Uun Act. Fncuniiiitrnt I'nnciinuius ro- poalrtl. H Vkt. c. 7. Ah to Ii(i)lt8 of 'l'o\viis!ii|i« on wruiin Lakes ar.d Rivurs. Ill Counties on the Ottawa. In the County of Glengarry. On the Bay of Uuinte, &c. lERRITORIAL DIVISIONS Ai.TEILvTIONS, 1851. niri'ctinif tlio otlior (It'biM of -tlio isaid lain District of Wolliiigtoii, or I ho prf.'soiil County of Waterloo, or tliu lunv (.'oiiii;y of \V»!llill^loll, hli.ilj Lo Muttlu 1 in tliu tuniiiior proviited by this Aulaiul the siuil iubt recilcl Act, ill rolatioii to .siinilar (slsu.s. IX. Ami bi3 it liutiliiii'd .'mil oiiaclcil, Tint all tlio provisions and oirioliiii'ni.H of tliL' Act puh.scd in tlu' twi.'llili year of \U;r Majc- tv'.-i H"i;^ii, and iiilitiiird, An Art to provide hji it'ic (liiifnil fAtio Jhr llic n-iclii)n Of Mitnii iixd l^orinrdtinns, ami the fstnUishini nt of Uii'^nlittions of l' prov'niuiis and for till' I r id ion of t'wns of Police, in H II ml I'/Z/ij^'t'* in •■ihI ill llii3 Sfrtsiori jiv-tly's Uoiyii uiid iiu-oiisisit'iit 'vith lUnl by Om^ Act. OS iiiiiieM'il lo tho of tlio A<'t liassetl ;l, An Artforbft- Jppcr Cantula, for sfrom xomc Coan- iscs rilfilive to the Dhitrictn, or of tho w, as shall be in- m ill any maltoi- by mailo in such iver St. Lawrence, iver Dutioit, Lake xteiiil to the bouri- ition of tho outlines \ shall also include tho whole or tho le said outlines so rer Ottawa shall in (I thereof, but such x'in otherwise pro- lall be comprised ays the Islands in rand Calumet and to Lower Canada, amed Islands, and oundary between iGlensjarry shall in 1 and to the middle [all also include all iole or the greater [he said Townships I Quinte, the Hiver the Kiver Rideau Id any other rivers, Ike manner extend liddle of the main fso include all the lor the greater part \e said Townships TERRITORIAL DIVISIONS ALTERATIONS, 1851. Excoptini,' always any rslaiidMor parts of Islands which aro Townships hy tluMUrttilvi's, or wliioli have liuoii expit^Nnly inchKlctl in other Town- ships in llu! ori^riiial »iirvi«ys and plans iluMcof, ivinaiiiinij ol record in t/u) ollioo of Iho ('otnnussioner of Crosvn Laiiil-*, ami which shall remain part of siudi Towii«.|ii[is. XIL And he it oiiactod, That notwilliHtaivlini; any chaiiijo made by llii.s Act in the limits of any ("oniity or union of Counties or Townsliip, all indiclmHiits, MiiilH, actions and proci^t'diiiirs pcndiii'^ in any t oiirt at llio time this Act shall como into olloct, may iiovorthoiess bo continued to trial and judjjmeiit in such (Jourt, and such jiulyment may bui'Xfcuted, as if this Act had not botm passed, altli(iiiai(l united Counties is situate, into the County of Lambton, without departing from the said limits : Be it enacted, That in any case where a person shall have been heretofore, or shall hereaftei ba admitted to the limits of the said united Counties of Essex and Lambton in manner prescribed by law, and shall travel, or shall have heretofore travelled or departed from Essex to Lambton or from Lambton to Essex, while being a prisoner on the limits, such travel or defiarture shall not have or be held or construed to have or to have had any eHect upon the liability of the said party or any other person, or any other eiiect whatever, other than would have been the case, if such person had never Iflft the said limits or either of the said Counties ; nor in the case of a party being or having been heretofore arrested on any process in either of the said Counties, shall such travel or departure Irom Lambton to Kent by the Sheriff or Officer employed in conveying such prisoner to the Gaol of the said Counties in Essex, have any other or greater effect upon the liability of the said Sheriff" or Officer, than if the said Sheriff or Oflicer had never left the said Countiefl of Essex and Lambton daring such travel : Provided nevertheless, that the limits of the three Counties of Essex, Kent and Lambton, shall not in any case ba departed from during such travel. XVII. And whereas by the thirty-second clause of an j^ct passed in the ninth year of Her Majesty's Reign, intituled, An Act to consolidate and amend the Registry Laws of that part of this Frovince which was for- merly Upper Canada, the Registers of existing Counties are required to furnish certain statements of the Registration of such titles as may have been registered of lands lying in the part so separated, to the Registers of new Counties, but no provision has been made for delVaying the expenses of furnishing such statement: Be it enacted, that every Register furnishing such statements shall be entitled to receive from, and be paid by the new (.'ounty the sum of Six Pence for every folio of one hundred words contained in any such statement so furnished. XVIII. And be it enacted, That this Act shall havo force and elfact upon, from and after the first day of January next, and not before, ex- cepting the si.iiteenth Section thereof, which shall have foice and eifect upon, from and after the passing of this Act. SCKEDUIiE] A. , COUNTIES. 1. The County of Glengarry shall consist of the Townships of Cliar- lottenburgh, Kenyoii, Locliiel, Lancaster and the Indiiiu reservation adjoini- g tho said Townships of Charlottenburgh and Kenyon. U. The County of Slormont shall consist of the Townships of Finch, Ofinahruck, Roxboroutih and Cornwall. 3. The County of Proscnlt shall consist of the Townsliips of Alfrod, Caledonia, Ilawkesbnry E;ist, Ilawkeabury V>'esi, Longuciiil, Pianlage- uetNoithand Planta;;t:iiet Soulu. , 1851. t passed in the in Act io supply tain Acts therein a therewith, the luijjoses, bui the ucij that parlies ,er witlsout pass- i and Kiver St. :i found inconve- 5 limits of Essex ed to travel from lited Counties is ig from the said 1 shall have been of the said united bv law, and shall d' from Essex to , prisoner on the kf or construed to the said party or than would have limits or either of gor having been lid Counties, shall J SherifT or Officer the said Counties ability of the said had never left the travel : Provided ■ Essex, Kent and ins such travel, f an j^ct passed in n Act to consolidate mce which was for- lies are required to titles as may have id, to the Registers for defraying the jacted, that every ?d to receive from, e for every folio of ;o furnished. I'e force and elfact ind not before, ex- fvo foice and elleci jownships of Cliar- [ndiiia reservation Kenyon. Iwnslups of Fincli, Ivnships of Alfroil, liguciiii, PlantagiJ- SCHEDULE A, COUNTIES. 4. The County of Russell shall consist of the Townships of Clarence, Cumberland, Camhiidge and Russell. 5. The County of Carleton shall consist of the Townships of Fitzroy, Goulburn, Govver Norih, Gloucester, Huntley, March, Marlborough, Osgood, Tarbolton and Nepean. 6. The County of Renfrew shall consist of the Townships of Admaston, Blilhfield, Bagot, Bromley, Horton, McNab, Pembroke, Ross, Stafford, Westrneath, and all that tract of land lying between the Western Boun- daries of the Townships of Lavant, Blilhfield, Admaston, Bromley, Stafford and Pembroke and the Ottawa River, and a line drawn parallel Sthe genera) course of the said Boundaries of the said Townships from 8 western corner of the Township of Clarendon to the Ottawa River. 7. The County of Lanark shall consist of the Townships of Montague, Elmsley North, Burgess North, Sherbrooke North, Sherbrooke South, Bathurst, Drummond, Beckwith, Dalhousie, Lanark, Ramsay, Lavant, Darlin<» and Packenham. 8. The County of Dundas shall consist of the Townships of Mountain, Matilda, Winchester and Williamsburgh. 9. The County of Grenville shall consist of the Townships of Ed- wardsburgh, Wolford, Gower South, Oxford and Aucusta. 10. The County of Leeds shall consist of the Townships of North Crosby, South Crosby, Burgess, Bastard, Elmsley, Kitley, front of Leeds and Lansdown, rear of Leeds and i^ansdown, Escott, Vonge and Elizabethtown. U. The County of Frontenac shall consist of the Townships of Wolfe Island, (including Simcoe Island, Garden Island, Horse Shoe Island and Mud Island,) Clarendon, Barrie, Palmerston, Kennebec, Olden, Oao, Hinchinbrooke, Bedford, Portland, Loughborough, Storrington, Pitts- burgh, Howe Island and Kingston. 12. The (vounty of Addington shall consist of the Townships of Cam- den, Ernestown, kalader, Anglesea, Sheffield and Amherst Island. 13. The County of Lenox shall consist of the Townships of Adol- phustown, Fredericksburg, Fredericksburg additional, and Richmond. 14. The County of Printe Edward shalf consist of the Townships of Athol, Araeliasburg, Hillier, Halloweli, Marysburgh and Sophiasburgh. 15. The County of Hastings shall consist of the Townships of Lake, Tudor, Grimsthorpe, Marmora, Madoc, Elzevir, Rawdon, Huntingdon, Hungerford, Sidney, Thurlow and Tyendinaga. 16. The County of Northumberland shall consist of the Townships of Murray, Brighton, Cramahe, Haldimand, Hamilton, Seymour, Percy, Alnwick and Monaghan South. 17. The County of Durham shall consist of the Townships of Hope, Clarke, Darlington, Cavan, Manvers and Carlwright. 18. The County of Peterborough shall consist of the Townships of Balraont, Methuen, Burleigh, Diimmer. Harvey, Douro, Smith, Mon- aghan North, Asphodel, Ennismore and Otonabee. 19. The County of Victoria shall consist of the Townships of Mari- posa, Ops, Emily, Eldori, Fonelon, Bexley, Verulam and Sonierville. 10. The County of Simcoe shall consist of the Townships of Orillia, Ttlatchedash, Tay, Medonte, Oro, Vespra, Flos, Tiny, Suimidale, Not- tawasaga, Gwillimbury West, Essa, Tecumseth, Adjala, Tossoroniio, Mulmur, Mono and Innisfil, together with the tract of land bounded on the East by the line between the late Home and Newcastle Districts prolonged to French River, on the West by Lake Huron, on the North by French River, and on the South by the River Ssveni and the Tov. n- ship of Rama, and the Inlands in Lakes Simcoe and Huvoii, lying wliolly, or for the most part, opposite to the said County of Simcoe, or aiiy part thereof and contiguous thereto. 291 * \ 292 TERRITORIAL DIVISIONS ALTERATIONS, 1851. 21. The County of York shall consist of the Townships of Etobicoke, Vaughan, Markham, Scarboroiigh, York, King, Whitchurch, Gvvillim- bury East and Gwillimbury North. 22. The County of Peel shall consist of the Townships of Albion, Caledon, Chinguacousy, Toronto and Toronio Gore. 23. The County of Ontario shall consist of the Townships of Whitby, Pickering, Uxbridge, fieach, Brock, Georgina, Scott, Thora, Mara, Scugog and Kama. 24. The County of Halton shall consist of the Townships of Esquesing, Trafalgar, Nassagaweya and Nelson. 25. The County of Waterloo shall consist of the Townships of No^ Dumfries, W^aterloo, Wilmot, Woolwich and Wellesley. 26. The County of Brant shall consist of the Townships of Brantford, Onondaga, Tuscarora, Oakland, South Dumfries and Burford, and the Village of Paris. 27. The County of Wellington shall consist of the Townships of Erin, Puslinch, Guelph, Nichol, Garafraxa, Eramosa, Peel, Maryborough, Minto, Arthur, Luther, Amaranth and Pilkington. 28. The County of Grey shall consist of the Townships of Derby, Sydenham, Saint Vincent, Sullivan, Holland, Euphrasia, Collingwood, Bentinck, Glenelg, Artemesia, Osprey, Normanby, Egremont, Proton and Melancthon, together with that portion of the Peninsular Tract of Land known as the Indian Reserve, and situated between a line drawn northward from the north-east angle of Arran and the noith-west angle of Derby, until it strikes Colpoy's Bay on the east nide of the Indian Village, and the waters of the Georgian Bay, together with the Islands contiguous thereto. 29. The County of Bruce shall consist of the Townships of Huron, Kinloss, Culross, Cariick, Kincardine, Greenock, Brant, Bruce, Saugeen, Elderslie and Arran, together with all that poition of the Peninsular Tract of Land known as the Indian Reserve, and not included in tke County of Grey, together with all the Islands in Lake Huron and the Georgian Bay contiguous thereto. 30. The County of Huron shall consist of the Townships of Hay, Stephen, McGillivray, Biddulph, Usborne, Howick, McKillop, Grey, Morris, Turnberry, Ashfield, Wawanosh, Colborne, Hulleit, Tucker- smith, Stanley and Goderich. 31. The County of Perth shall consist of the Townships of Blanchard, Hibbert, Fullarton, Downie, including the Gore of Downie, Logan, Ellice, Easthope North and Easthope South, Elma, Wallace and Mornington. 32. The County of Lambton shall consist of the Townships of Bo- sanquet, Plympton, Warwick, Sarnia, Moore, Enniskillen, Brooke, Sombra, including Walpoole Islands, St. Ann's Island, and the other Inlands at the mouth of the River St. Clair, Dawn and Euphemia. 33. The County of Kent shall consist of the Townships of Orford, Howard, Camden, Chatham, Harwich, Dover East, Dover West, Ral- eigh, Tilbury East, Romney and Zone. 34. The County of Essex shall consist of the Townships of Mersea, Gosfield, Colchester, Rochester, Maidstone, Maiden, Anderdon, Tilbury West and Sandwich. 35. The County of Elgin shall consist of the Townships of Aldbor- ough, Dunwich, Southwold, Yarmouth, Malahide, Bayham and South Dorchester. 36. The County of Middlesex shall consist of the Townships of Mosa, Ekfrid, Carradoc, Metcalfe, Adelaide, Williams, Lobo, Nissouri West, North Dorchester, Delaware. Westminster and London. 37. The County of Norfolk shall consist of tha Townships of Hough- , 1851. )s of Etobicoke, lurch, Gwillim- hips of Albion, hips of Whitby, , Thora, Mara, ps of Esquesing, nships of r^o^|k ips of Brantford, Burford, and the wnships of Erin, 1, Maryborough, nships of Derby, 3ia, OoUingwood, Igremont, Proton ninsuiar Tract of een a line drawn norlh-west angle ide of the Indian with the Islands i^nsbips of Huron, t, Bruce, Saugeen, of the Peninsular It included in the te Hurou and the (wnships of Hay, McKillop, Grey, Hulleit, Tucker- upsof Blanchard, Downie, Logan, Wallace and .rownships of Bo- liiskillen, Brooke, |nd, and the other Euphemia. ,/nships of Orford, [Dover West, 1S.A- iships of Mereea, Inderdon, Tilbury ishipsof Aldbor- [ayham and South )wnships of Mosa, 10, Nissouri West, [nships of Hough- SCHEDULES B, C AND D, COUNTIES AND TOWNSHIPS. ton, Middleton, Charlotteville, Windham, Townsend, Woodhouse, Walsingham, including Long Point. 38. The Couniy of Oxford shall consist of the Townships of Zorra East, Zorra West, Oxford North, Oxford East, Oxford West, Dereham, Norwich, Blenheim, Blandford, Nissouri East and the Village of W'-'^astock. 39. The County of Haldimand shall consist of the Townships of Walpole, Oneida, Seneca, North Cayuga, South Cayuga, Canborough, Rainham, Dunn, Monlton and Sherbrooke. 40. The County of Welland shall consist of the Townships of Pelham, Thorold, Stamford, Crowland, Willoughby, Wainfleet, Humberstone and Bertie. 41. The County of Lincoln shall consist of the Townships of Grimsby, Clinton, Louth, Grantham, Caistor, Gainsborough and Niagara. 42. The County of Wentvrorth shall consist of the Townships of Beverly, Flamborough East, Flamborough West, Ancaster, Gianford, Binbrook, Saltfleet and Barton. SCHfiDUIiE B. COUNTIES UNITED FOR MUNICIPAL, JUDICIAL AMD OTHER PURPOSES. 1. Essex and Lambton. 2. Huron, Bruce and Perth. 3. Middlesex and Elgin. 4. Lincoln and Welland. 6. Went worth, Hal ton and Brant. 6. Wellington, Waterloo and Grey. 7. York, Ontario and P*el. 8. Northumberland and Durham. 9. Peterborough and Victoria. 10. Frontenac, Lennox and Addington. 11. Leeds and Grenville. 12. Lanark and Renfrew. 13. Prescott and Russell. 14. Stormont, Dundas and Glengarry. 293 SCHEDVIiE C. COUNTIES UNITED FOR THE PURPOSE OF REPRESENTATION. 1. Kent and Lambton, — as the County of Kent. 2. Huron, Perth and Bruce, — as the County of Huron. 3. Middlesex and Elgin, — as the County of Middlesex. 4. Wentworth and Brant, — as the '^''ouniy of Wentworth. 6. Waterloo, Wellington and Grey, — as the County of Waterloo. 6. Peterborough and Victoria, — as the County of Peterborough. 7. Lennox and Addington, — as the County of Lennox and Addington. 8. Lanark and Renfrew, — as the County of Lanark. SCHEDUIiE B. NEW TOWNSHIPS. 1. Howe Island, which shall consist of the Island of that name. 2. East Nissouri, which shall include and consist of that part of the present Township of Nissouri, which lies eastward of the line dividing the seventh concession thereof from the eighth. 3. West Nissouri, which shall include and consist of the residue of the present Township of Nissouri. 4. North Dumfries, which shall include and consist of the six northern Concessions of the present Township of Dumfries. I 2&4 TERRITORIAL DIVISIONS ALTERATIONS, 1851. 5. South Dumfries, which shall include and consist of the residue oi the present Township of Dumfries. 6. North Dorchester, which shall include and consist of all that part of the present Township of Dorchester, lying to the Northward of the line between the sixth and seventh Concessions South of the River Thames. 7. South Dorchester, which shall include and consist of the residue of the present Township of Dorchester. S. Pilkington, which shall include and consist of that part of the present Township of Woolwich known as the Pilkington Tract. 9. Scugog^ which shall include and consist of all those parts of the present Townships of Cartwright and Reach, which compose the Island known as Scugog IsIancL 10. Orillia, which shall include and consist of the present Township of North Orillia, and the present Township of South Orillia. 11. Brighton, which shall include and consist of all the lots from number one to number ten, both inclusive, in the first, second, third, fourth, fifth, sixth, seventh, eighth, ninth and tenth concessions, and in the broken front of the present Township of Cramahe, and of the Jots from number twenty-three to number thirty-five, both inclusive, in the first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth and eleventh concessions, and in the concessions A and B, and the broken front of the present township of Murray, and the peninsula of Presqu'isle. SCHXlDVIiE E.. TRACTS DETACHED FROM TOWNSHIPS AND ATTACHED TO OTHERS. 1. The lots on Yonge Street, in the present Township of West Gwil- limbury, shall be detached from the said Township, and be annexed to and form part of East Gwillimbnry ; and the residue of that part of the said Township of West Gwillimbury which lies on the south-east side of the West branch of the Holland River shall be detached from the said Township of West Gwillimbury, and be annexed to and form part of the Township of King. 2. That part of the present Township of Cartwright, lying to the North of Scugog Lake, shall be detached from the said Township of Cartwright, and be annexed to and foim part of the Township of Mariposa. 3. That part of the present Township of Nichol, known as the Town Plot of the Village of Elora, shall be detached from the present Town- ship of Nichol and be annexed to and form part of the Township of Pilkington, and the boundaries of such Town Plot shall be fixed by Proclamation to be issued by the Governor General in Council. 4. The peninsula of Presqu'isle shall be detached from the present Township of Murray, and shall be annexed to and form part of the Township of Brighton. 5. The Gore of Murray, lying between the tenth concession of the Township of Murray and the Township of Seymour, shall be detached from Murraj', and form part of the Township of Seymour. 6. That part of the present Township of North Dorchester, lying north of the River Thames and east of the middle of iho road allowance between lots number eiahteen and nineteen, shall be detached from the said Township and shall be annexed to and form part of the Township of Oxford north. [Vide page 60 to 91. and 123 to 122.] 1851. the residue ot of all that part )rthvvard of the th of the River t of the residue ihat part of the n Tract. lose parts of the npose the Island esent Township illia. ,11 the lots from it, second, third, icesslons, and in and of the lots nclusive, in the ninth, tenth and , and the broken ila of Presqu'isle. TO OTHERS. ip of West Gwil- nd be annexed to if that part of the le south-east side stached from the 1 to and form part ^rht, lying to the Taid Township of ihe Township of [own as the Town .je present Town- the Township of Ihall be fixed by ICouncil. from the present form part of the joncession of the Ishall be detached lour. )orchepter, lying le road allowance lletached from the of the Township TOWNSHIP AND VILLAGE BOUNDARIES. 14^15 VIC, CAP. 4. ! An Act io amend the Act concerning Land Surveyors. * (Vide p. 220, antu.] ' [2d August, 1851.] II. And be it enacted, That for and notwithstandins any thing in the said Act, there shall be two Boards of Examiners for the examination of Candidates for admission to practise as Land Surveyors, one to consist of the Commissioner of Crown Lands, and eight other competent persons to be appointed from time to time by the Governor, and to mec* at the City of Quebec for the examination of Candidates for admission to practise as Land Surveyors in Lower Canada, and the other to consist of the said Commissioner of Crown Lands, and eiajht other competent persons to be appointed from time to time by the Governor, and to meet at the City of Toronto for the examination of Candidates for admission to practise as Land Surveyors in Upper Canada; and the present Board of Examiners shall be dissolved ; and any three of the Members of either of the said Boards shall form a quorum ; and each of the said Boards or a majority thereof shall appoint a Secretary ; and the said Boards shall meet at the places hereinbefore mentioned respectively on the days appointed in and by the said Act for the meeting of the Board therein mentioned ; and each of the said Boards and the Members and Secretary thereof shall, as regards the examination of Candidates for admission to practise in that section of the Province in and for which such Board shall sit, and as regards Surveyors practising therein, have the same authority, powers and duties as are by the said Act vested in the Board therein mentioned and its Secretary, and shall be bound by the same rules in the exercise and performance thereof. VIII. And be it enacted, That the Standard English Measures of Length imported under the requirements of the Act hereby amended, shall hereafter be deposited vi'ith the Secretary of the Board of Exami- ners at Toronto, and the Standard French Measures of Length imported under the said Act, and the copy of the said Standard English Measures of Length now in the Office of the Commissioner of Crown Lands at Montreal (which copy shall be hereafter used as a standard for the pur- poses of the said Act) shall he deposited whh the Secretary of the Board of Examiners at the City of Quebec, and the said Secretaries respec- tively, under such instructions as they shall receive from time to time from their respective Boards, shall and may examine, test and stamp Standard Measures of Length for the Surveyors bringing the same for examination, as the Commissioner of Crown Lands may do under the Act aforesaid and with the same effect, and for each measure so exam- ined and stamped such Secretary may demand and receive Two Shillings aud Six Pence Currency. Two Boards of Exttininers a{j- |K)inte(l; of whom to consi^ ^^•^-■^■v^-^^. VILLAGE BOUNDARIES. (Vi:ie pp. 6j to £0, and 147 to t.)l, and pp. 221 to 223 anl',;.] Present Board dissoWed. Quorum. Secretary, Meetings. Powers & duties^ Upper in the North, 296 ' . VILLAGE BOUNDARIES. in the County of Oxford, and lying within the following limits, that is to say : commencing on the soutlierly hank of the River Thames, in the boundary line between lots numbers seventeen and eighteen, in the broken front concession of the Township of West Oxford : thence along the said boundary line between lots numbers seventeen and eighteen, in the broken front concepsion, and the boundary line between lots numbers seventeen and eighteen in the first concession south-easterly, to the middle of the depth of the said first concession : thence along the middle of the depth of the said first concession south-westerly, to the boundary line between lots numbers twenty-two and twenty-three : thence along th? said boundary line between lots numbers twenty-two and twenty-three north-westerly, to the souih-eatterly bank of the River ' Thames : thence along the eoutn-easterly bank of the said river with the stream, to a point in prolongation of the boundary line between lots numbers eight and nine in the fourth concession of the Township of North Oxford : thence along the said boundary line between lots num- bers eight and nine, and the prolongation thereof northerly, to the northerly limit of the allowance for road between the third and fourth concessions of the said Township of North Oxford : thence aiong the northerly limit of the said allowance for road between the third and fourth concessions easterly, to the easterly limit of the allowance for road between lots numbers twelve and thirteen : thence along the east- erly limit of the said allowance for road between lots numbers twelve and thirteen southerly, to the north-weslerly bank of the said River Thames : thence along the said north-westerly bank of the said River Thames up the stream, to a point in prolongation of the aforesaid bound- ary line between lots numbers seventeen and eighteen in the broken front of the Township of West Oxford : thence across the said river to the place of beginning. [Proclamation, dated 12th September, 1851.] Preston. — The Village of Preston, in the County of Waterloo, in Upper Canada, consisting of all that part of this Province situate in the Township of Waterloo, in the County of Waterloo, and lying within the following limits, that is te say : Commencing on the Easterly Bank of the Grand River at the South Easterly Angle of Lot Number One, in the Bro'ken Front of Richard Beasley's lower block, in the Township of Waterloo, thence along the Easterly Boundary Line of the said Lot Number One, and Easterly limit of the public road thereon. Northerly to the rear Boundary Line of the said Lot Number One : thence along the said rear Boundary Line of the said Lot Number One, and the rear Boundary Line of Lots Number Two, Three, Four and Five in the said broken front Westerly, to the Boundary Line between Lots Numbers Five and Six: thence along the said Boundary Line between Lots Numbers Five and Six Southerly to the Grand River: thence in pro- longation of the said Boundary Line between Lots Numbers Five and Six across the River : thence along the Southerly Bank thereof with the Stream to the Boundary Line between the Townships of Waterloo and Dumfries : thence across the River to the place of beginning. [Pro- '• damation, dated 15th September, 1851.] St. Thomas. — The Village of St. Thomas, in the County of Elgin, in Upper Canada, consisting of all that part of this Province situate partly in the Township of Yarmouth and partly in the Township of Southwold, in the County of Elgin, and lying within the following limits, that is to say : Commencing on the North side of the Talbot Road East, in the boundary line between lots numbers three and four in the ninth Con- cession of the Township of Yarmouth, otherwise known as lots numbers forty-eight and forty-nine on the North side of the said Talbot Road East: thence along the said boundary line northerly to the middle of the depth of the said Concession : thence along the middle of the depth ^V\. ig limits, that is r Thames, in the jighteen, in the rd : thence along 3n and eighteen, rie between lots )n south-easterly, thence along the i-weslerly, to the id twenty-three ; ibers twenty-two bank of the River 3 said liver with line between lots the Township of jtween lots num- northerly, to the third and fourth thence along the en the third and the allowance for ce along the east- i numbers twelve of the said River of the said River 3 aforesaid bound- een in the broken s the said river to ptcmber, 1851.] f of Waterloo, in ince situate in the d lying within the Easterly Bank of |t Number One, in the Township of of the said Lot ereon. Northerly Ine : thence along ne, and the rear _ Five in the said n Lots Numbers le between Lots . thence in pro- mbers Five and thereof with the of Waterloo and leginning. [Pro- Lnty of Elgin, in (nee situate partly lip of Southwold, . limits, that is to ioad East, in the In the ninth Con- In as lots numbers laid Talbot Road to the middle of Iddle of the depth JURORS* ACT, 1850-51. of the said Concessi6n westerly to the East Bank of Kettle Creek, thence along the East Bank of the said Creek down the stream to the middle of the allowance for road between the seventh and eighth Con- cessions of the said Township : thence along the middle of the said allowance for road between the seventh and eighth Concessions easterly to the boundary line between lots numbers two and three in the said eighth Concession, otherwise known as lots numbers forty-seven and forty-eight on the south side of the said Talbot Road East prolonged : thence along the said boundary between lots numbers two and three in the eighth Concession and its prolongation northerly to the middle of the depth of the said eighth Concession : thence along the middle of the depth of the said eighth Concession easterly, to the boundary line between lots numbers three and four, otherwise known as lots numbers forty-eight and forty-nine on the South side of the said Talbot Road East : thence along the said boundary line between lots numbers three and four in the eighth Concession and prolongation thereof northerly to the place of beginning. [Proclamation, dated I2th September, 1851.] JURORS' ACT, 1850 and 1851. 13 8c 14 VIC, CAP. 65., as amended by USf 15 VIC, CAP. 65. [Clauses of the Jurors' Act. as nmended, ivliich impose duties on Municipal Officers, with the Schedules appertaining to such duties.] An Act for the consolidation and amendment of the Laws relative to Jurors, Juries and Inquests in that part of this Proviiu,^ called Upper Canada. WHEREAS it is expedient to consolidate and amend the Laws now in force in that part of this Province called Upper Canada, relating to Juries and Inquests, and those to be summoned to serve thereon, and to introduce such a system for the selection and return of Jurors as shall better secure public confidence in the impartial adminis- tration of justice in the trial by Jury : Be it therefore enacted by the Queen's Most Excellent Majesty, &c., 1. — QUALIFICATIONS, EXEMPTIONS AND DISQUALIFICATIONS OF JURORS. L That every man, except as hereinafter excepted, over the age of v\rho shall be twenty -one years, residing in any County or in any City or the Liberties qualified as a thereof, or in any other local judicial division in Upper Canada, in the Eossession of his natural faculties and not infirm or decrepit, who shall e assessed for local purposes according to Law, for property, real or personal, or both, belonging to him in his own right x)r in that of his wife, to the amount hereinafter mentioned, shall be qualified and liable to serve as a Juror both on Grand and Petit Juries in Her Majesty's Superior Courts of Common Law at Toronto, having General, Criminal or Civil Jurisdiction throughout Upper Canada, and in all Courts of Criminal or Civil Jurisdiction within the County, Union of Counties, City or other local judicial division of the County in which he shall so reside. 297 Preamble. Juror. II. And be it enacted, That no person shall be disqualified or relieved from serving as such Juror in consequence of his having ceased to be seized or possessed of the property in respect of which he may have been enrolled as such Juror, between the time of enrollment and his being called upon to serve as such Juror, nor shall the same form any ground of challenge to fuch Juror. Parting with pro- perty after assess- ment, not to dis- quaJiiy. Si 298 Joint |)Topri«cra 10 hu ilcctiKvl lYiualty iiiteri'st- How the pTopfrty iiunlirication of .furora shall be (lotermined. Persons over CO, viousiy. CittMn* exempt- fid from i*crvln({, except at certain court*. Alieni dlMuali- fied. Exception. Attainted pcrionf diaquaUficd. 300 jurors' act, 1850-61. ^ section of this Act, nor shall any such service upon any Panel retiirneil by the lli-jh UailiH' or olhor proper Officer of any such City, having a . •;, Recorder's Court established in the same, exempt the person who shall '\^ have so served from again serving as a Juror upon any J'anel returned to any of the Superior Courts of Criminal or Civil Jurisdiction, by the ShorilFof the County or Union of Counties within the limits of which such City shall be embraced: and the Jury Lists for such Superior Courts for such County or Union of Counties, and for such City respec- tively, shall bo ballotled without any regard being had to any such service, but the inhabitants of every such City, and of the libertiei thereof, shall be exempt from serving on Juries at any other than the City Courts, or on trials at the bar, of either of Her Majesty's Superior Courts of Common Law at Toronto, or at the Courts of Assize and Nisi Prius, Oyer and Terminer^ and General Gaol Delivery for the County or Union ol'^ Counties within the limits or on the borders of which such City shall be situate. IX. And be it enacted, That no man not being a natural born or naturalized subject of Her Majesty, is or shall be qualified to serve as a Grand or Petit Juror in any of the Courts aforesaid, on any occasion whatsoever, except only in the cases hereinafter expressly provided for. X. And be it enacted, That no man who hath been or shall be attainted of any Treason or Felony, or convicted of any crime that is infamous, unless ho shall have obtained a free pardon, nor any man who is under outlawry is or shall bo qualified to serve as a Grand or Petit Juror in any of the said Courts on any occasion whatsoever. II. — SELECTION AND DISTRIBUTION OF JURORS. XI. And bo it enacted, That the Mayor or Townreeve, the City, Town, Village or Township Clerk, and the Assessors or Assessor, if there be only one, of the respective Cities, Towns, Villages and Town- ships in Upper Canada, shall be ex officio Selectors of Jurors for every such Township and Viila^re, and for each of the Wards of every such City or Town, and in the discharge of their duty as such Selectors shall assemble annually on the first day of September in each year, at the place where the Meetings of the Municipal Corporation of such City, Town, Village or Township shall be usually held, or at such other place within the jurisdiction of such Municipal Corporation as may for that purpose be appointed by the head of such Municipal Corporation, or in his absence, or the vacancy of the Office, by the Clerk of such Munici- pal Corporation for the purpose of selecting from the Assessment Rolls or Assessment Roll of such City, Town, Village or Township, the names of such persons as being qualified and liable to serve as Jurors under this Act, shall from the integrity of their characters, the soundness of their judgments, and the extent of their information, be in the opinion of such Selectors of Jurors, or of a majority of them, most discreet and competent for the performance of the duties of a Juror ; and it shall bo the duty of such City, Town, Village or Township Clerk, or such Assessor or Assessors, or such other officer or person as shall at the time have the actual charge or custody of the Assessment Roll or Assessment Rolls for every such City, Town, Village or Township for such year, to bring such Assessment Roll or Assessment Rolls to every Buch annual meeting of the Selectors of Jurors for such City, Town, Village or Township, and to permit the use of the same for the purpo- ses aforesaid : Provided always nevertheless, that the word Township as above used, and wherever else it occurs in this Act shall in all cases apply to Unions of Townships, all proceedings with respect to which under the same shall be such as if the Townships forming such Union were but one Township. When the Beiec- Xll. And be it enacted. That the Selectors of Jurors for each City, Certain munici- pal functionarici to be aelectors of Juror*. What persona shall be selected. Selectors to hare the use of nsscss- ment rolls. le ' .-.*" jurors' act, 1850-51. Town, Villu'jfe and Township in Upper Caiiatlii, sluxll nnnimlly on tlie (lay muntioncJ in the next pioi-oding section ol this Act, or on thu lirst (lay thuruiittor not l)(;in;f n Siiiidiiy, or other StiUutory Holiday, ii' sueh lirst mentioned day Mhall Im a ^^undiiy oi otiior .Stalnlory II(didiiy, or if lliey shall have been unable to complete the duly hereby inipoj^ecl upon thorn on sucli lirst ihiy, proceed to HeI»!Cl such names I'loni such Kolis accordingly : I'rovideil always nevertheless, lirstly, that they sliull in no case soled from any oi' such Kolls, a smaller number of names than what shall bo ecpial lo two-thirds of th« whole number of names on such Roll, provided iheio shall bo a suliicienl number for liiat purpose on tho same qualifioil and liable lo serve in respect of the amount of property for which ihey shall ba assessed on such Roll, and not otherwise wholly disqualidod or exempt from serving as Jurors according to the provisions of tho fifth, sixth, ninth and tenth sections of this Act, or any of them : And provided also, secondly, that in case of an equal, of votes amongst sucii Selectors of Jurors as to any one or more of th names to bo so selected, or as to the Division of the Report of such Selectors in which any such name should be inserted in the distribulion of such names as hereinafter provided, or as to any other incidental question which may arise in the performance of the duty hereby imposed upon such Selectors, the Mayor or Townreeve, or ill his absence or the vacancy of the office, tlie City, Town,. Village or Township Clerk, or in the absence, or vacancy ot the oflioes of both, then the Assessor whose Roll for the year shall have contained the greatest number of assessed names, ancl in the case of joint Assessors, ihe Assessor first named in the appointment of such Assessors shall have a casting or double vote in the decision of tho same. XIII. And be it enacted, That the sahl Selectors of Jurors having made such selection as hereinbefore provided, shall for the purpose of tho Report thereof to be by them made as hereinafter provided, dis- tribute the names of the persons so selected from each Roll into four „.^w .■ - ' . ,1 ^divisions ; the first, to consist of persons tu serve as Grand Jurors in the uch Selectors shall ■gupeiior Courts ; the second, of persons to serve as Grand Jurors in the each year, at the lipfgrjor Courts; the third, of persons to serve as Petit Jsrors in the ation of such City, Ijuperior Courts; and the fourth, of persons to serve as Petit Jurors m at such other place ■,jjg inferior Courts, and shall make such distribution according to the as may for that Uv^^i gf their judgment as to the relative competency of the parties with ll Corporation, or iti ■ - < i» . . . . . .1 Irk of such Munioi- Assessment Rolls iwnship, the names ive as Jurors under the soundness of be in the opinion [ most discreet and ; and it shall bo p Clerk, or such ion as shall at the Issessment Roll ot te or Township for leiit Rolls to every such City, Town, ,me for the purpo- se word Township X shall in all cases . respect to which irming such Union 301 y Panel returned I City, having a person who shall y i'anel returned risdiction, by the limits of which )r such Superior uch City respec- lad to any such 1 of tho libertiei ly other than the lajesty's Superior f Assire and Nisi for the County or rs of which such \ natural born or lified to serve as a on any occasion essiy provided for. been or shall be any crime that is •don, nor any man srve as a Grand ot X w^hatsoever. JRORS. ^nreeve, the Chy, ors or Assessor, if tillages and Town- of Jurors for every ards of every such tlon nIiiiII l>c iiiiule. Prnvlno n* to iiiiiiilior tu bo iclixtnil. Provlao HMtornie of (!(|unl divlgioa amoii^ the kdcc- tora. Namea of jurori to be distributed into four dlvi- ■ioni, and liow. [•ors for each City; 3»riu reference to the duties to be required of them respectively. XIV. And be it enacted, That the said Selectors of Jurors shall make such distribution amongst the said four divisions as nearly as may be in Ihe following proportions, relatively to the whole number of persons so selected by them from each of such Rolls for that purpose as aforesaid, ithat is tu say: one fifteenth as nearly as may be under the first of such Divisions ; two fifteenths as nearly as may be under the second of such Divisions ; four fifteenths as nearly as may be under the third of such Divisions; and ctgAf ^//ccn/As as nearly as may be under the fourth of Ijach Divisions. XV. And be it enacted, That the said Selectors of Jurors shall there- pon make out in duplicate under their hands and seals, or under the ands and seals of such of them as shall have performed such duty, a eport of such Selection and Distribution for every such Township, i^illage, or tJrban Ward, which report shall be as nearly as may oe in ilie form set forth in the Schedule to this Act annexed, marked A, and filled up agreeably to the directions contained in the notes to such Ichedule, to which said report shall be subjoined a written declaration ubscribed by such Selectors of Jurors, slating each for himself, that |liey had made such Selection and Distribution to the best of their jiidgment and information pursuant to this Act, and without fear, favour Proiiortionate number in eacli division. Selcctorsto make duplicate reports in formofiJclie- dule A. Declaration to be anntacd. h^: 1 Wsl 302 VVhCTB thn f-,iH rf rorti Kltall Ut (Irpvilied, Rcnowal if dc- On afpcssori not ninKirig and rC'- fjrnlnu lli« (uiei:«inent roll In pN]ier tiiuo. Pro\-i»o. On Municipal cfticcrs no; pro- nieiit roll as rc- quj-eJ. ru'j ne bt'( for On edccicrj of " junons' ACT, 1850-51. or atTection of, to, or for any por»oii or pcrnnns wliornsoevor, aain,roTar(| or h(ipe theioot, otlu?r ihaii nueh feus an they may bo lawfiilly onlaleil to recnive for ihu latne iiiuler llm nulliorily uf this Act ; ami oiio of *uch Diiplicute Kepoit shall on or buf(»ro the lilteurith day of theAHme Momh of Sopl»jmhor bu deposiled by «iich Soloirlors of Juror.-*, with lh« Clerk of tho Peace for tho County in whinh such Town, Viliaiiro or Towpfihip shall lie, or within the limitfl of which such City shall be embracud ; and tho other, with the ('ily, Town, Villasi*' or Township Clork of .iiicli City, Town, Village or Township respectively, which Chirks respec- tively, shall keep the same on lilu in their respective ofFicos for tlie luu and information of all who may have lawful occasion to examine or make ttse of the same; and in the event of the losi or destruction ol any such Duplicate Report, by lira or other accident, a copy thereof made from tho other of such Duplicates, and certified to bo a iiuc copy of such last moiitionoil Duplicate, by tho Ollicer to whom the legal custody of such last mentioned Duplicate shall beh^ng, shall and muy be tiled in the office in or out of which such fust mentioned Duplicute Original was so lost or destroyed as aforesaid, and shall and may be thenceforth taken, receiveii, and acted upon in all respects as if it were the said Duplicate Original Report so lost or destroyed as aforesaid: Provided always nevertheless, that in every such case of theilestruction of any original Selector's Report, il shall be the duty of the otlicor in whose office the same shall have been so destroyed, to procure as sooa as reasonably may be, such a certified copy of such Report from the other oflicer to whom the legal custody of the other Duplicate Original! of such Report shall belong, and to file the same in hit otiice according!}. LXX. And bo it enacted, That if any Assessor of any Township, Village or Ward in Upper Canada, shall neglect or omit to make out and complete his Assessment Roll for such Township, Village or Ward, and to return the same to the oflice of the Clerk of such Township or Village, or of the City or Town in which such Ward shall be situated, or other office or place of deposit for such Roll, at least on or before ihe first day of September of the year for which ho shall be such Assessor, every such Assessor so ofTendiiig, shull forfeit for every such ofTenco the sum of Fifty pounds, one moiety thereof to the use of Her Majesty, Her Heirs or Successors, and the other moiety thereof, with full co! otricoH for the iu« iou lo uxatnino or f or iluslrnctioti ol int, a copy thereof -cl to bo u tino copy 10 whom tho legnl ng, shall ami miiy [jeiiliotuul Duplicnti! shall mid tnay be i-spectfl as if it were troyed as aforesaid; ,se of the ileMriiction luty of the otlicer in tl, to prociiie as scon [ill Report from the r Duplicate Original lifolHceaccorclingl} of any Township, or omit to make out \ip, Village or Ward, of mch Township ot ril shall be situaleii, least on or before the . be such Assessor, rery such ofTenco the ise of Her Majesty, jof, with full costs, Court of competent ormation : Provided striied to relieve any . Assessment Roll at ho may incur by not i-n, Village or Town- la who, at the time or any City, Tiwii the actual charge of Roll of stich City noiilect or omit i . seciion of ttiis Act ijch annual meetins jctors the neccssa/) si'.rh Clerk or oihf offance fovt'eit th the use of Her ^U loiety thereof, wit: jvny Court of compe format inn. )r of Jurors for ar) I JURORS* ACT, 1850-51. Townj^hip, Vi!!a,n[e or Ward in Upper Canada, shall wilfully 8»>Iect and report as qiialitie»l and liable lo nerve a.s a (jlnuiil or Petit Juror, any person wh(», according: to the provisions i\' ihij* Act, ought not to have een so Holt'olcd or reportoH, or shall take any money or other reward fi)r so sulrtclinjj or reporlin;' or ornitliii:^ to suk-i ! or ronort any person whomsoever, or .-thai I wilfully iiist.Mt in any fiiicli n< port a wrong deseriplion of the name, p'nco of abode, or adilition of any one so Doh'cled and reported, or shall ncnlecl v omit to Ouinpleio his selection mid Heport, and to ileposit the same in i' (< proper oiiico at least on or before trie Hfieunlh day of Seploinber of the ytmr for which he siiali act as such Selector of Jurors, every such Selector of Jurors oli'endiiijj in any of the forenoing cases, shall, for every such otlenoe, forfeit a sum not exceeding Twenty pounds, nor less than Five pounds, at the discre- tion of the Justice before whom he shall bo convicted. LXXIII. And bo it enacttnl. That if any Clerk of ilio Peace, or Clerk of any such Ilucorder's Court of any City as aforesaid, or his Deputy, shall, when acting in performance of the duties required of him by the ei{?hteeiiih, nineteenth, twentieth, twenly-lust, twenty-second, and twen- ty-third sections of tills Act,iiei;lect or omit to perform any duty required of him by those sections in the manner therein presoriberi, or shall wilfully do any thiii'j; inconsistent with the provisions of the same, every such Clerk of the Peace, or other Clerk as aforesaid, or his Deputy, so oflending, shall, for overy such olFence, forfeit the sum of Fifty pounds, one moiety thereof to the use of Het Majesty, Her Heirs or Successors, .ird tiie other moiety thereof", with full costs, to such person as shall sue for the same, in any Court of competent jurisdiction, by action of debt, bill, plain' or information. LXXIV. And be it enacted, That all fines to be imposed under this Act by eitlier of Her Majesty's Superior Courts of Common Law at Toronto, or by any Court of Assize, Nisi Prius, Oyer and Terminer, Gaol Delivery, Sessions of the Peace, County Court, or Recorder's Court, shall be levied and applied in the same manner as any other fines imposed by the said Courts respectively, and that all other penalties hereby enacted (for which no other remedy is given) shall, on convic- tion of the ofTenco, before any Justice of the Peace, within his jurisdiction, be levied, unless such penalty be forthwith paid, by distress and sale of the offender's goods and chattels, by warrant under the hand and seal of such Justice, who is hereby authorized to hear and examine witnesses on oath or affirmation on any complaint, and to determine the same, and to mitigate the penalty, if he shall see fit, to the extent of the moiety thereof. And all penalties, the application whereof is i:ot herein particularly directed, fliall be paid to the complainant; and for want of sufiioienl distres,-;, tfie ofTendoi shall be committed by warrant, under tlie hatid and seal of such Justice, to the Common Gaol or House of Correction^ for such terra not exceeJ.ing six calendar nr.orths, as such Justice shall think proper, unless such peiialty is sooner paid. LXXXI. And be it enacted, That the Selectors of Jurors, for every selection and distribution of Jurors and the Report thereof made by them under this Act, shall be entitled lo the sum of live shillings fo'r every one hundred names on the Assessment Roll or Assessment Rolls of the City, Town, Villat^e or Township for the year in which such selection of Jurors shall be made, and the City, Town, Village or Town- ship Clerk, to the further sum of two sliillini>s and six pence for every such one hundred names for bringing the said Assessment P )!l or Asses-smnnt Rolls with him lo the meeting of such soloctois as required by the eleventh section of this Act, such moneys to be paid to them rfispectively. by the Treasurer of the County or Union of Counties for sncli Jurors are to sorve, out of any moneys in his hands belong- 303 jnrifi for wlldij (i<(run-tw« lit July. Oil drfl^iioftlin |M!ir(> I'ur M ilCiil (l^ri'lkiiim 'A' duly. How ;iowinl«ry iienalile* ali.-ill tw ieviO(t and ap- plied. Mitigation of '■>' nliy whnri! no 'Ppli^fitionigiji- fCU'J. Comniit.nl tor uoti-j)ayiuoii:. Allowaii't's for servi'-eri utiiJor tins Aci. 304 Selectors. Clerks of thu [lencc, nwi of reiwriler's court.? Sheriffs, high bailiffs, Sea. How paid. JURons' ACT, 1850-51. jng to such County or Union of Counties not otherwise specially appropriated by Act of Parliament, ami which money shall be paid by such Treasurer to every .such Selector of Jurors upon receipt of a certi- ilcato from the Clerk of the Peace for i-nch County or Union of Counties, that such Report had been duly made to him within the time for that pur- pose prescribetl by thi.s Act, Tlial die Clerk of llio Peace of every such County or Union of Counties, and the Clerk of the Recorder's Court of every City in which a Rrtcorder's Court shall have been established, sliall be entitled to thefollowiufTsnmsof money for the respective services per- formed by them under this Act, that is to say : For receiving and examin- ing the Report of Selectors for each Cily, Town, Village and Township, causing any dehciency which may be found therein to be supplied, and fyling the same in hisotRce Three Shillings anil Nine pence ; — Forgiving certiiicate to Selectors of Jurors of Report having been made Two Shil- lings and Si.v pence ; For preparing in proper form the Jurors' Book and superintending the making up of same (besides actual disbursements for Stationers' charges) each Thirty Shillings; — For arranging alpha- betically and in order, the names contained in Selectors' Reports per one hundred names Fifteen Shillings ;— For making up Jurors' Books, entering all the names and numbers, and all the other matter required to be entered therein, p.-r one hundred names Fifteen Shillings; — For each copy of the Juror's Book required by the Act, per one hundred names Fifteen Shillings: — For preparing on cards the ballots for Jurors, to correspond with numbers in Jurors' Book per one hundred names Two Shillings and Si.v pence ; For each certificate required to be entered in Jurors' Book to verify same Five Shillings; — For ballotting and entering f;;'.ch Jury List, per one hundred names Thirty Shillings; — For each copy of Jury List required to be entered, per one hundred names Fifteen Shillings ; — For each Panel of Jurors drafted from the Jury List, per one hundred names on such Jury List Twenty Shillings ;•— For entering each Panel in the Jurors' Book, with the numbers corresponding to the Jury List Ten Shillings ;— For making up aggregate Return in detail of Jurors Forty Shillings ; — For copy thereof and transmitting same to Provincial Secretary when required, and for Office copy of same, each Twenty Shillings; — That the Sherifi, High Bailiff or other Officer of every such County, Union of Counties or City, shall, exclusive of such Fees as he may be entitled to frcm the parties in any suit, be entitled to the following sums of money for the respective Services per- formed by them under this Act, that is to say : For each Panel of Jurors, whether Grand or Petit, returned and summoned bv him in obedience to any general Precept for the return of Grand or Petit Jurors for any Sittings or Sessions of Assize and Nisi Prius, Oyer and Terminer, Gaol Delivery, Sessions of the Peace, or County or Recorder's Court, respec- tively, under this Act Twenty-five Shillings ; — For copies of such Panel to be returned into the Offices of the Superior Courts of Common Law at Toronto, each Five Shillings ; — For every summons served upon the Jurors on such Panel the sum of Two Shillings and Six pence ; — And for every certificate given to any of such Jurors of his having served, to evidence his e.vemption from serving again, until his time for doing so shall return in its course, the sum of One Shilling and Three pence; — And in the case of the Sheriffs of Counties, the further sum of Six pence for every mile that he or his Deputy or Bailiffs may necessarily and actually have had to travel from the County Town for the purpose of serving such summonses. And that the Crier of every such ('ourt of Quarter Se.ssions or Recorder's Court, shall, for making the proclama- tions, calling the names of all those drawn in the course of ballotting such Jury Lists, and performing all other duties required of him under this Act, be entitled to the sum of Fifteen Shillings ; — For every one hundred names so drawn : Which several sums shall be paid by the 305 :herwise specially ;y sluill be paid by 1 receipt of a certi- Uniori of Counties, 10 time for that pur- oace of every suoh llocorder's Court of ;ii established, shall ective services per- ieivingaudexamiii- age and Township, to be supplied, and pence; -For giving len made Two Slul- the Jurors' Book and :tual disbursements )r arranging alpha- lectors' Reports per ig up Jurors' Books, Iher matter required een Shillings ;— For ;t, per one hundred he ballots for Jurors, )ne hundred names equired lobe entered -For ballotting and [lirty Shillings ;— For one hundred names d from the Jury List, nty Shillings :— For imbers corresponding aggregate Return in jof^and transmitting \ for Office copy of High Bailiff or other :ity, shall, exclusive rties in any suit, be lective Services per- lach Panel of Jurors, )V him in obedience Petit Jurors for any and Terminer, Gaol [rder's Court, respec- copies of such Panel Irts of Common Law lons served upon the 5ix pence ;— And for ,s having served, to lis time for doing so and Three pence •,— jr sura of Six pence ay necessarily and ,. for the purpose of every such (3ourt of aking the proclanria- course of ballotting Iquired of him under Us ;.-For every one ihall be paid by the ■U The said sums to 1)0 allowed to trwisurora in their JuaoRS* ACT, 1850-51. Troasutet of such Comity or Union of Counties or by the Chamherlaiii of sucl'. City, as the case may be, to such OHicers severally, ou» of any moneys in his hands belonging to such County, Union of Counties or City respectively, not otherwise specially approprialed by Act of Par- liament, upon proof by afliduvit made itefore some Commissioner for taking attidavits in some one of Her Majesty's Superior Courts of Com- mon Law at Toronto, for such County or Union of Counties, of such several services having be i executetl and of such travel liaving beeu so necessarily performed k. the service of such summonses. For all which moneys so to be paid as aforesaid, every snch Treasurer and Chamberlain shall be allowed in his accounts with such County, Union accoTA'iur of Counties or City, as if the same had been paid under the special authority and direction of the Municipal Corporation of such Countj;, Union of Counties or City respectively: Provided alwa)'s, nevertheless, That in all such cases when there shall be more than a hundred or an even number of hundreds of such names, if the broken number beyond Buch hundred or hundreds shall fall short of fifty names, the same shall not be reckoned, and if such broken number shall amount to fifty names or upwards, the same shall be reckoned as a full hundred, but in all cases of there being altogether less than a single hundred, the same shall be reckoned as a full hundred. S € H E D U li E A . •' ^-v ' ; HEPORT OF THE SELECTION AND DISTRIBUTION OP JURORS. For the Township of Albion (or for the ward of St. James, in the City of Toronto,) in the County of York, for the year 1851, made at the Town (or Ciiy) Hall of the said Township (or City,) by A. B. Townreeve (or Mayor,) C. D. Town (or City) Clerk, and E. F., G. H. and I. J. Assessors of the said Township (or Ward,) on the day of in the year 1850, pursuant to the directions of the Act of Parliament of Cl) FIRST DIVISION for the Roll of Grand Jurors to serve in Her Majesty's Superior Courts of Criminal Juriwliaion. SCCONK> DIVISION For the Roll of Grand Jurors to serve in Iler Majesty's Inferior Courts of Criminal Jurisdiction. Namei. No. of Lot or House, where known to the Selectors. Concession or Street, or Unincorpo- rated Village or HanUet, where known to tlie Selectors. Addition!. Names. No. of Lot or House, wher« known to the .'?electors. Coacession or Street, or Unincorpo- rated Villaje or Hamlet, here kno n to the Selectors. Additions. ; John Anderson. . Peter Cameron. . Wra. O'Leary... Alfred Piper . • . &c. 18 4 17 2 « OaUauds. 1 Esquire. Yeoman. Gentleman. Esquire. William Adams. Richard House. . Jacob Wyae . . . Allan Thomas . . &c. 9 7 2 24 4 5 1 S Gentleman. Yeoman. Tailor. Esquire. TUIltD DIVISION For tlic Roll of Petit Jurors to serve in Her Majesty's Superior Courts of Criminal Jurisdiction. FOVUt'fH DIVISION For the Roll ot Petit Jurors to serve in Htr Majesty't Inferior Courts of Criminal JuriHiliciioa. ,.| Names. No. of Lot or House, where known to the Selectcrs. COMWSliiOn or Street, or Unincorpo- rated Village or Hamlet, wlitro known to the Selectors. Additions. Names. No. of Lot or House, where known to the Selectors. ronci.'p.'-ion or Street, or Unincorpo- rated Vilias^e or H.'iniictf where known loth Selectors. Additions. David Bootho . . . Grorgo Sullivan. Nathan t.owe... Henry Grace. . . A:c, a 3 2i 7 4 t 7 Merchant. K squire. Hliooiiiakcr. Yeoman. Gcorst-' '_'. SCHEDULE TO THIS ACT. JZ'..U:« iUf^t J. f ' P^T List for Petit Jurors who have attended " the Assize" or ** County Court and ^ Quarter Sessions" (as the case may be,) held for the County of begun on the day of , and ended on the day of 186 . *t) Kameaof Juiora. John Juat --•-•• Oiarlaa Careleas - ■ 1-9 1 d«8 31 Check of Attendance. s Amount to be paid to Jurors. i Juror's aignature acknowledging receipt of money. .KIT I, , Sheriflf of the County of do hereby certify to the Treasurer of the said County, that the above is, to the best of my knowledge, a correct return of the number of miles travelled by each Juror in coming to the said Court, a true check of the number of days every 'such Juror attended the Court, and the just sum to which every Juror on the above list is entitled. -': • -t . (; .. ,,, , A. B., Sheriff. A^«^k^'^^iM^>^^^^^rX'^>^Ws>'v/ Preamble. Firemen having served seven years exempted irom serving in certain offices. FIREMEN'S EXEMPTION, 1849 and '51. ' TaTFc, CAP. 36. ,. An Act to exempt Firemen, after a cp.Ttam number of years' service as such! from Militia and other duties. ' • ./ . [30th May, 1849.] WHEREAS it is expedient to encourage the formation of efficierlj companies of Firemen by rewarding those members who havel served regulaily for several years : Be it iherefoie enacted by the Queen'jl Most Excellent Majesty, &c., That when any member of any Compaiim of Firemen, which is or may be regularly enrolled in any Cily, Town of place in which the formation of Companies of Firemen is by law aulhorj ized and regulated, has regularly and faithfully served for the space aiif ^;_:-,-'c -ixwi- if 1. Ad 5 form a fund ore contained, or um of njoney fox Luy fund of such Jnion of Counties sr of such County of such County, )n him under this se, Be it dtiacted, ses by Jury, may, tr order the records roceeded with, on the contrary not- County Court and the Juror's ■Jgnatw?, .^ acknowledging recelj* of money. do hereby certify to of my knowledge, a n coming to the said ■nded the Court, and A. B., Sheriff. ,849 AND '61. \ years' service as such, [30th May, 1849.] formation of efHcient -e members who have Inactedby the Queen! nber of any CompanJ -in any City, Town 01 Imen is by law aulhoi Irved for the space am PUBLIC BUILDING FUND, 1850. term of seven consecutive years in the same, the said member shall be entitled to receive, upon producing due proof of his having served seven consecutive years as aforesaid, a certificate from the Clerk of th^ Peace of the District in which he resides, or the Clerk of the Corporate Body or Board of Police under whose authority the said Company shall have been established, that he has been regularly enrolled and served as a member of the said Fire Company for the space of seven years ; which certificate shall exempt the individual named therein from Militia duty in time of peace, from serving as a constable, and from all Parish atid Town offices ; any law, custom or usage to the contrary notwithstanding : Provided always, that nothing h3rein contained shall be construed to Froviao. exempt any such Fireman from serving as a juryman. 309 B' 14^15 VIC, CAP. 8 5, >. An Act to exempt Firemenln Cities from the payment of Statute Labour Tax. '"""?' [30th August, 1861.] ►E it enacted by the Queen's Most Excellent Majesty, &c., That rinmon haring i from and after the passing of this Act, it shall and may be lawful Berred a certain for the Municipal Corporation of any City within this Province, by any ^^.^SJ^™ by-law, to enact and provide, that when any member of any company of Firemen which is or may be regularly enrolled in such city wherein the formation of Companies of Firemen is by law authorized and regu- lated, has regularly and faithfully served for the space and term of seven years consecutively in the same, the said member shall be entitled to receive, upon producing due proof of his having served seven years consecutively as aforesaid, a certificate from the Clerk of the Common ' Council of ihe city in which he resides, or the Clerk of the Corporate Body under whose authority the said Company shall have been estab- UsheJ, that he has been regularly enro'led and served as a member of the said Fire Company for the space of seven years, which certificate shall exempt the individual named therein from the payment of any personal Statute Labour Tax thereafter, and from serving as a Juror oh the trial of any cause in any Court of Law within this Province ; any law, custom or usage to the contrary notwithstanding. - .=Wj~^- ?/■). PUBLIC BUILDING FUND, 1850. 13 ^ 14 VIC.y CAP. 2. ■I'." An Act for raising on the credit of the funds therein menlwnedf certain sums required for the Public Service. , . [Vide pages 183 and 184 ante.] '"* * * [10th August, 1850.] III. And be it enacted, That it shall be lawful for the Governor in Loannotex- Council, to authorize the raising by way of loan on the credit of the Up- ceeding i;30,ooo, per Canada Building Fund, that is to say, the fund to arise from the [Sm^inTNoraai •proceeds of the rate or tax imposed by the Act passed in the present School, session to provide funds for defraying the cost of the erection of the Lunatic Asylum, and other public baildings in Upper Canada, of a sum not exceeding Thirty Thousand Pounds Cvrrency, to be applied to the purpose of defraying certain expenses connected with the Lunatic Asylum at Toronto, and with the intended building for the Normal School of Upper Canada. IV. And be it enacted, That for the purpose of raising the sum last Cebenturei may aforesaid, it shall be lawful for the Governor in Council to authorize the ^^ issued. 310 Manidpal bodiet appointing In- ■pectora may have copiea of Standards adjiiit- ed by (he District Inspector. Few fbr stamping tbe same. Duties and powers of DisU..t Inspector to be transfcired to the Inspector for tbe Municipality. i*reamble. • GRAMMAR SCHOOLS, 1851. isnuin^ of Debentures to an amount not exceeding in the whole the sum last aforesaid, in such form, for such separate sums, and ot such rate of interest nut exceeding six per centum per annum, and to make the piincipal and intere."! thereon payable at such periods and at such places as to him shall appear most expedient, the said principal and interest being hereby maile chargeable upon the said Upper Canada Building Fund. ^_,, ,. ,,,„„, ,^^_ INSPECTORS OP WEIGHTS AND MEASURES, 1849. 12 VIC, CAP. 85. An Act to amend tJte several Laws therein mentioned, retative io the appoint' m[ent and duties of Inspectors of Weights and Measures, in UpptT Canada. [2.5th April, 1849.] XII. And be i^ enacted, That whenever any Municipal Body, now or hereafter to be formed in or for any City, Town or Incorporated Village in Upper Canada, shall appoint an Inspector of Weights and Measures for such City, Town or Incorporated Village, every .such Inspector may apply to the Inspector appointed or (o be appointed isnder the previous provisions of this Act, for tbe District, Division or County, within which such City, Town or Incorporated Village shall be situate, to adjust a copy of any of the Standard Weights and Measures for the use of Buch City, Town or liicofporalea Village, by the Standard Weights and Measures in possession of or used by such Inspector ; and upon produc- ing to such Inspector siK;h Weights and Measures as shall be required for such City, Town or Incorporated Village, it shall be the duty of the said Inspector carefully to compare and adjust, and to seal, stamp or mark the same as provided by law ; aud ihat tpe Inspector, for so doing, shall be entitled to the same fees or charges as for the like services in other cases : Provided always, that whenever any such Municipal Body shall have ^appointed an Inspector of Weights and Measures, and obtained such copies of the Standard Weights and Measures for the use of any such City, Town or Incorporated Village, the powers, duties and liabilities of the Inspectors appointed or to be appointed under the pre- vious provisions of this Act, as to such City, Town or Incorporated Village, shall cease, and thenceforth devolve upon and be exercised by the InspectcNr thereof. -• GRAMMAR SCHOOLS. ^ , {Vide page 212 to 230 nntr.] ^ ■ f.f "' ' ; ACT 14: fy 1 5 F/ C . , CAP. 55. - • " • : An Act to repeal the provision limiting the distance betwe^.t ti" County Town and any additional Grammar School in the same County, in Upper Canada. ,, , , ... : , * -- ' ^; [30th August, 1851.] WHEREAS inconvenience has arisen from the Proviso hereinafter mentioned : Be it therefore enacted by thi Queen's Most Excel- lent Majesty. &c., That so much of the sixth section of the Act passed in the Session held in the fourth and fifth years of Her Majesty's Keign, vUolo the sura t such rate of 1 10 make the and at such principal and Upper Canada S AND ie lo the appoint' sures, in UpptT April, 1849.] )al Body, novi or rporated Village i and Measures h Inspector may ler the previous ly, within which tuate, to adjust a the use of such rd Weights and md upon produc- hali be required e the duty of the to seal, stamp or jtor, for so doing, like services in Municipal Body Measures, and sures for the use iwers, duties and id under the pre- or Incorporated be exercised by s. or/i.i It" County samfi Counlyt in Lugust, 1851.] wiso hereinafter In'a Most Excel- f the Act passed ajesty's Keign, ROAD COMPANIES AMENDMENT ACT, 1851. and inlituled. An Ad to mike temporary provWion for the appropriation of the funds derived from the sale of School Lands in that part oj the Province formerly Upper CanaHay and for other purposes, as is in the words fol- lowing: "Provided any suuh additional School shall not be within six miles of iho Dislriot Town," sliciU ba, and is hereby repealed. n. And be it enactod, That notwithstanding the provision of an Act passed in the ninth year of Ilor Majesty's Reign, intituled, An Act to amend the Art therein mentioned rclatmc; to the appropriation of moneys derived from the sale of School Lunds in Upper Canada, it shall and may be lawful for the Governor, by and with the consent of the Executive Council, to authorize the payment of the annual allowance to the Board of Trustees of any School,' if not less than twenty scholars shall be educated therein. 311 ROAD COMPANIES AMENDMENT ACT, ■ '-!{.* :»•}?• U'lT 1851. , [TMc pp. 93 to lOG, and '221 and 234, ante.] 1 4TTry7c!7cTJp. 1 2 2. .1) My.: ;■».'>>• An Act to amend tJie Act, intituled, An Ad to authorize the formation of Joint Stock Companies for the construction of Roads and other Works in Upper Canada, and to extend the provisions thereof. [30lh August, 1851.] WHEREAS it is expedient to amend the Act passed in the second Session of the third Parliament of this Province, intituled. An Act to authorize the formation of Joint Stodc Companies for the construction of Roa'ls and other works in Upper Canada, and lo expend the provisions thereof to other objects : Be it therefore enacted, &c., That the Seventh aud Sixteenth Sections of the said Act be repealed. II. And be it enacted. That if at any time after the formation of any such Joint Stock Company, the Directors shall be of opinion that it would be desirable to extend or alter the projected line of road, — to con- struct any side roads to intersect the original main roads, — or that the original capital subscribed will not be sutiicient to complete the work contemplated by such Company to be executed or lo be extended or altered, it shall and may be lawful for the said ' irectors, under a Reso- lution to be passed by them for that purpose, either to borrow upon the security of the said Company by Bend, or Mortgage of the Road and Tolls to be collected thereon, a. sufficient sum of money to complete the same, or to authorize the subscription of such number of additional shares as shall be named in their Resolution, a copy whereof, under the Hand of the President and Seal of the Company, shall be engrossed at the head of the subscription list to be opened for subscribers to the additional number of shares thereby authorized to be subscribed ; and that when such a number of new shares shall have been subscribed us the Directors shall deem it desirable lo have registered, the Presitleut shall deliver such new list of pub-^cribers to the Register having the custody of the original Instrument, who shall aitaoh such new list of subscribers there- to, which sh-ill thenceforth b;) held and taken to be part and parcel of the said Instrument ; and all the subscribers thereto, and those who may thereafter enter their names as subscribers thereon, with the consent of such Directors, to be signified by producing a receipt from the Treasurer of such Company, that the parson desiring to subscribe to the said new jetoQk list has paid an instalment of six per cent, on his shares, shall be ^ Payment of ol- lowaiir« to be Buthurizetl in a certain caae. J vT'.l Preamble. 12 Vict. c. 84 Sect. 7 & la repealed. Case of any Company wlah- ing to extend their works provided for. Borrowing money. New Stock. Registry of nevT subscribers. «,,^ U' Riahtsandlii* biii!i?oof new aubgcribiTs. 312 u ^ : ■ r. >i Ratci of toll limited. Tolls to be regu- lated by the next preceding section. Provisiong of the 8nrne how to apply. Troviso. Materials to be used in the con- struction of Roads. ii The Slth clause of Vi Vict. c. - to extend to all incorporated Turnpike Road Coia|)anies. ROAD COMPANIES AMENDMENT ACT, 1851. subject to all the liabilitiei!i, and entitled to all the lights, benefUn, privilesen and advantages to which the original subscribers shall thenceforth be entitled, and as well lo the first line of road as to any extension thereof as aforesaid, and which the said Companies are here- by authorized to construct, and which shall thenceforth be considered as part and parcel of the original line, and such additional shares or Stock shall and may be called in, demanded and recovered in the same manner and under the same penalties as is or are or may be provided or authorized in respect of the original Shares or Stock of any such Company. in. And be it enacted, That Tolls may be taken by any such Com- pany at each time of passing each gate upon any road constructed by such Company for any portion of such Road on either side or on both sides of such gate not being more than halfway to the next gate, or gates on the same Road, if any, and not exceeciing five miles in the whole, or for the whole of such Road, if the length thereof do not ex- ceed five miles, and there be only one gate thereon, at the following rates per mile, that is to say : for every vehicle, whether loaded or otherwise, and for the horse or other beast, or one of the horses or other beasts drawing the same, one penny ; and for every additional horse or other beast drawing any such vehicle, one half penny ; for every horee and rider, one half penny ; for every led horse, one half penny ; for every score or number less than a score of sheep, swine or neat cattle, one half penny : Provided always, that any Company may in their dis- cretion charge a greater or less toll according to the weight or quantity drawn by each team, not exceeding however the above rates of toll in any case. IV. And be it enacted, That the tolls to be taken or levied by any Company formed or to be formed under the said Act cited in the pre- amble of"^ this Act as amended and extended by the Act of the Parliament of this Province, passed in the Session thereof held in the thirteenth and fourteenth years of Her Majesty's Reign, chaptei'ed fourteen, and intitu- led. An Act to extend the Ads for the formation of Companies for con- slructing Roads and other toorks to Companies formed for the purpose of acquiring Public Works of like nature, upon any Hood graritad or transferred to sttf A Company under the authority of the said Acts and the Act passed hv the Parliament of this Province in the Session thereof held in the twelftn year of Her Majesty'^s Reign, chaptered Jive, and intituled, ' An Act for the * better management of ihe Public Debt, Accounts, Revenue and Property,' shall be regulated by the next preceding section of this Act, all the Srovisions of which seulion shall apply to every such Company and :oad : Provided however, that lower rates of toll upon any road heie after transfened uiider the said Acts, may be fixed or established in Ihe Order of the Governor in Council transferring the same to any such Company. V. And bo it enacted, That any Company now or hereafter to he formed under the provisions of the said in part recited Act and this Act, for the construction of any Turnpike Road, may in their discretion form the same in part or in whole either of metal, timber, charcoal or any other suitab'a material for constructing a firm, substantial and smooth surface, whether the material be mentioned in the registered Instrument of Incorporation or not. VI. And be it enacted, That the provision contained in the thirty fourth clause of the said in part recited Act, passed in Ihe twelfth year of Her Majesty's. Reign, shall extend to all Turnpike Road Companies chartered by any other Act of the Parliament of this Province, in the same manner as if the said thirty-fourth clause had been and vkerepaitl , 1851. 3 lights, benefUfl, (subscribers shall I of load as to any mpanies are here- )rtn be considered Iditional shares or )vered in the same r may be provided Stock of any auch by any such Com- )ad constructed bv tier side or on both > the next gale, or ; five miles in the thereof do not ex- n, at the following whether loaded or ■ the horses or other additional horse or ny ; for every horEO ne half penny ; for wine or neat cattle, ly may in their dis- j weight or quantity bove rates of loll in en or levied by any ,ct cited in the pre- Lct of the Parliament in the thirteenth and [fourteen, and intitu- Compames for con- ed for the purpose of ranted or iransf erred and the Act passed k f held in the itcelftk ded, 'An Act for the venue and Property,' of this Act, all the .uch Company and ipon any road here- established in the same to any such 1 3r or hereafter to be ed Act and this Act, heir discretion form er, charcoal or any ilanlial and smootn ifristered Instrument lined in the thirty- in ihe twelfth year Jie Koad Companies Tis Province, in the 1 been and were pait ROAD COMPANIES AMENDMENT ACT, 1851. of the said several Acts respectively incorporating Road Companies in Dpper Canada. VII. And be it enacted, That if any Arbitrator named by any party according to the provisions of this or the said in pait recited Act, shall refuse or neglect to take upon him the duties thereby imposed, it shall .be lawful for the Judge of the County Court, as provided by tho said Act, to nominate a Councillor, as therein also provided, to act in the place of such Arbitrator so refusing or neglectinij as aforesaid, and that every Arbitrator so appointed by the Judge of the County Court as aforesaid, shall and he is hereby required to hear and determine the matter to be submitted to him with all convenient speed after he shall have been so nominated as aforesaid. VIII. And be it enacted, That if any vacancy or vacancies shall at any time happen amongst the Directors of any of the said Companies during the current year of their appointment by death, resignation or perniianont residence without the County or Counties in which the Road 13 situated in respect of which such vacancy or vacancies shall occur, or by any other cause, such vacancy or vacancies shall be filled up for the remainder of the year in which they may so happen, by a person or persons to be nominated by a majority of the remaining Directors, unfefs otherwi.««e provided by some By-law or Regulation of the Com- pany in which such vacancy may occur. IX. And be it enacted. That it shall and may be lawful for any two Companies formed for the construction of Roads, which may intersect or be contiguous to each other, to unite and form one consolidated Com- . pany on such terms as to them may seem meet. X. And be it enacted, That no Company to be formed, under the provisions of this and the said in part recited Act, shall commence any work until ten days after the Directors shall have served a written notice upon each Municipal Councillor or at the Dwelling House of each Councillor for any Township through which such Road or other work shall be intended to pass or be constructed. XI. And be it enacted, That any Instrument or Receipt required by the said Act in the preamble of this Act mentioned, or by this Act to be registered, which hath been or shall be made, executed or entered into for the construction of any Road or other work situated or being or intend- .1 to be made partly in two or more Counties, shall be considered well registered in pursuance of the said Act and of this Act if the same hath been or shall be registered with the Register of any County in which such Road er other works shall be partly situated or intended to be made. XII. And be it enacted, That the first year mentioned in the sixth section of the said Act, cited in tho preamble of this Act, during which the affairs of any such Company shall be managed by Directors named in the Instrument, in such section referred to, shall terminate with the last day of December next, after the formation of such Company, in respect of every such Company, as shall have been formed during the present year or shall be hereafter formed, and that the term of office of the present Directors of every such Company, as shall have been formed previous to the present year, shall expire with the last day of December next, and the Directors of every Company formed or to be formed under the authority of the said Act and of this Act, shall be annually elected to serve after the expiration of the term of office of the previous Direct- ors, for one year, commercing with the first day of January, and such annual Election shall take place according to the provisions of any By- law, which the Directors of the Company for which such Election shall be heldj shall have passed or shall from time to time pass for the regu- 313 If nrblirntOT ro- or neglect I rfbrni dutloi, whu hIwII act In liiN place. Vacnncici occur- rln|{ ainongit Directorg bow to lie tilled up. Wlien two com- paaiei may unitCi and be formed into one. -.tt Notice to bo served prior to company cora- inencing any worli. Certiiin Instru- nients or Receipt! with wlioin to ix} registered. As to wlien tbe tirst year men- tioned in ttie 6tb section of the said act cited in the preamble of this act, shall tetmi- nate. Term of office of the present Directors. Directors to be BBnually elected. Election how to take place. n I It 314 ProviMi Direct- on 10 eontliiuc in oinett till next OiOlUOD. SALE OP PUBLIC WORKS TO CORPORATIONS, 1849. Jntion of iho annual Elcolion of llio Directors of sucli Company, not inJorferiritf wilh the qu.ilificulion of voiurs merit ioiitnl in the siiid' sixth auction: rroviiled however, that if tho aiinnal Election of Direrlor* for any such Company, shall for any cause not take place ro;rularIy at the timo appoinleu, such Company Rhall not thoreby bo clifsolvod, but tlie Directors thereof for tho timo being, «luill in that casu conlinun tpsflrve until another E!«<;tion of Directors i-hal I bo held, which, in such case, shall take placo at such time as shall have beon or slmll be provided for by any Uy-luw passed by tho Direclors of ouch Company for that purpose. SALE OF PUBLIC WORKS TO CORPORA- TIONS, 1849. I I. 12 VIC, CAP. 5. Oanmot in Oouncll inny ot- range fcr tlie transfer of wrtaln Public World to the local auUiori- tiM. TIraniftsrtobe eftbcted by order la council. What provision! MCh order in OcuncU may con- tain. RcTOuition or alteration thereof allowed witli consent of gran- toe, &c. An Act for the httler manngernrnt of (he Public Debt, Accounts, Revenue and Property. [25lh April, 1849.] Xir. And bo it enacted. That it shall be lawful for the hak rJovernor in Contioil to enter into arranyemrnts with any of the Municipal or Difitricl Councils, or other Local Corporations or Authoriliei?, or witl^ any Company in Lower or Upper Canuiia, incorporated for tha purpose of constructing or holding such works, or works of like nature in the same section of the Province, for the transfer to them of any of the Public Roads, Harbours, Bridges or Pubh"c Buildings, which it may be found more convenient to place under the management of such local Authorities or Companies, and on the completion of such arrangements, to fjrant (and by so granting, to transfer and convey) for ever^or for any tern) of years, all or any of such Roads, Harb;.'>n-s, Dridges or Publie Buildings, to the District or Municipal Council, or other Local Authority or Company with whom such arrangement may iiavo been made (here- inafter called the Grantee,) and upon such terms and conditions as may have been agreed upon, and that all monies payable to the Province under the terms of any such grant, shall be carried to the credit of the Sinking Fund and form part thereof. XIIL And be it enacted. That any such grant, as aforesaid, of any of the said Public Works, may be made by Order of the Governor in Council, published in the Canada Gazette; and by such Order, any or all of the powers and rights vested in the Crown or in the Governor in Council, or in any Officer or Department of the Provincial Government, with regard to the Public Work thereby granted, may be granted to and Tested in the Grantee to whom the Public Work itself is thereby granted ; and such Order in Council may contain such condition.^, clauses, restrictions and limitations as may be agreed upon as aforesaid, which, as well as all the provisions of such Order in Council, shall (in so far as they shall not be inconsistent with this Act, and shall not purport to grant any right or power which shall not be immediately before the making of such Order in Council vested in the Crown or in the Governor in Council, or in some Officer or Department of the Pro- vincial Government.) have full force and shall be obeyed, as if they had been contained in this Act, and had maf!olvu(!, but tliii coiilinun tp nerve d), ill suuh case, ■liall be provided Zotupniiy for that CORPORA. ■M^lJ... 1 »..>. , U>«/ ,' ' : \i.'.- »i Accounts, Revenue ;ih April, 1849.] the cait' Governor the Municipal or lUhorilie!', or will\ ed for \hi purpose ike nature in the lem of any of the s, which it may be ent of such local uch armiigemenls, [for ever^or for any idges or Publie r Local Authority jeen made (here- condhions as may to the Province the credit of the aforesaid) of any the Governor in iuch Order, any or the Governor in icial Government, be granted to and itself is thereby such conditions, upon as aforesaid, ^uncil, shall (in ^ct, and shall not t be immediately the Crown or in ent of the Pro- beyed, as if they the enactments H consent of the rder in Council azette containing Rvirlcnco of fueti orilcr. Trovlto DM to ROAD COMPANIES ACT EXTENDED, 1860. 31i any such Order in Council shall bo evidence theroof, and the consent of the (tranlce thereto shall bo pre.tutnud unless dixpultul by such (Jran- tee, and if disputed, shall be proved by any copy of such Order in Council on wbich tlio cuntient of the Giaiitjo thuruto shall bo written and attested by such sigiiatuie or seal, or bolh, as would bo hailJioiont to make any Deed or Agreement llio Deeil or Agreementof euch (Jiantee: Provided always, that noihing iii this Act or in any Older in Council to be made under it, bIihII be construed to exempt any person from any '"i'l""!*-* *?' , punishment or penalty imposed by any Act or Law, or under the » i'ubiic^vvork«. authority of any Act or Law, for any olfenee relative to any Public VVoik or Works, but so much of any such penalty as would otherwise belong to the Crown, shall, if it be so provided in the Order in Council, belong to the Grantee under such Order, otherwise it shall belong to the Crown, but this shall not prevent the repeal or alteration by the Grantee, of any such penalty imposed by the Governor in Council under the authority of any Act, if the power to repeal or alter the same be transferred in the manner aforesaid to such Grantee, or by the Governor in Council with the consent of the Grantee, if such power be not so transferred. ROAD COMPANIES ACT EXTENDED, 1850. ,(| V,- An Jet to extend the Acts for the formation of Companies for constructing Roads and other Works, to Companies formed for the purpose of acquiring Public Works of like nature. [24th July, 1850.] WHEREAS it is expedient to extend the benefit of the Acts here-- Preamble, inaftcr mentioned, to Companies to be formed for the purpose of acquiring and holding Public Works, or properly under the provisions of the Act authorizing the transfer of such works or property to any such Company or to other parties therein designated: Be it therefore enacted by the Queen's Most Excellent Majesty, &c. That, subject to the provisions of this Act, the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other Works in Upper Canaday and of the Act passed in the year last aforesaid and iatituled. An Act to authoiize the formation of Joint Stock Companies in Jjower Canada, for the construction of macadamized Roads, and of Bridges and other Works of like nature, shall be and are hereby extended and shall apply to any Company to be formed for the purpose of acquiring forever or for any term of years, any of the Public Roads, Harbours, Bridges or Public Buildings which may be lawfully transferred to any such Cora- pmy under the Act passed in the year last aforesaid and intituled, An Act for the belter managcmett of the Public Debt, Accounts^ Revenue and Property, or for the purpose of so acquiring and of improving or extending (or both) any such Public Work, as fully and elTectually as if such purpose were expressly enumerated in the said Acts firstly and secondly mentioned respectively, among the puiposesTor which Companies may be formed under the same, the form of the instrument of association iven in the fschedules to the said Acts respectively, being varied so as lo express that the Company is Vornaed under one of the said Acts as imended by this Act, and for yhat purpose it is so formed: Provided always, that notwithstanding an^- thing in either of the said Acts, no Company to be formed under Ihia Act for the purpose of acquiring any luch Public Work as aforesaid (whether with or without the inteutiouof Act 13 Vic. cap. S6, nnil 12 Vic cap. H4, extended Vo coinpanica formed for pur- chaiing public vfotka under 19 Vic. cap. S. P*i iM: such companies not liable to certain proviaionB of the said Acts. i • .; iii ' -■ ■ n . 1 ( i V I'j. t \ k m 310 Prorito : certain ■ectloni uf the ■iiid Actv to «M)ply. What ihall he the iniLximum Tolli to (Hi uken by any inch eoinpaiiy. 12 Vie. cop. 4. Proviio : as to cxcmpUoiiH from ToU. ProvlBion in ftavor of partica residing M'ithin a certain dlitancA of the limits of any City or in- oorjraratcdTonrn. ROAD COMPANIES ACT EXTENDED, 1850. extemliiig tlio Nnmn) nliall be liublu to bn oppoMud or provcntoJ fion) acqiiiriii;^ sucli work or from iiyini; aint woikiii;^ tlio suttie, by riiiy Mu- nicipal louncil or olbor party, nor nhull llir Compiiny bu bound tomukci any report ro^'pt'dtirip; auch work to any JMuiiicipal unthoriiy, nor shall Hiiclt Muiiiuipul uiitliority or thu Crown huvu liiu ri-^lil of tukiiijj nuuli work lit thu end of any tornn of ^onrs, but tlio provisions ol tliu raid Auts respectively, as to sucli opposition und pruvuiition, or to such report, or to tho taking of iho works and propoity of llio Company by uny Muiii- cipal autlioriiv or by tlie Crown, sball apply only to the extension of the same beyontl tho local limits o( (ho work when transferrtid to tbo Company ; nor Hliall any of the proviaions of the said Acts which shall be jriconsislent with any lawful provision or condition in any Order in Council legally made under tho Act thirdly mentioned, or with the rights lrari»ferred by the same, apply to the' Company to which such Order in Council shall relate; but nothing herein contain(;d shall be construed to prevent the reservation in any such Order of the power of taking any such work with or without any such extension, and by the Crown or any Municipal authority, on the terms and conditions therein to be expressed. Provided always that the thirty-fifth section of the Act first above cited, and thirty-seventh section of the Act secondly above cited shall respectively apply to Roads, Bridges and other Works transferred to any Company and to tho Company to whom the same shall have been transferred in relation to such Konds, Bridges and Works. II. And be it enacted. That the Tolls to be taken by any Company to be formed for the purposes aforesaid, on any such Public Work as aforesaid, not being a Koad, shall not be regulated by the provisions of the Acts firstly and secondly mentioned, rospoctively, but the maximum Tolls to be levied on such work by the Company shall bo the maximum Tolls' which can be lawfully levied on such work under the Act passed in tho year last aforesaid and intituled. An Act to make better provision with regard to the TolU to be levied on the Public Provincitd fVorks, andjor other purposes relative to the said Works, unless some lower maximum be fixed (as it may be) by Order in Council transferring the work to tlie Company or by some further order amending the came, made with the consent of the Company, and the Tolls to be levied on any Road, or on any extension of such other Public Work shall alone bo regulated by the Acts firstly and secondly mentioned respectively in the absence of any special provision for lower rates in the Order in Council as afore- said : Provided always, that no exemption from Toll on any Road or other Public Work so transferred as aforesaid or on any extension thereof, shall bo valid against any Company to be formed under this Act, except such only as can be validly claimed un^ler the Act firstly or secondly mentioned (as the case may be) on works constructed under the authority thereof, unless such exemption from Toll be stipulated (as the case may be) in the Order in Council transferring such Public Work to the Company. III. And be it enacted, That it shall always be lawful for any party residing on the line of any Road transferred to any Company or Muni cipal Corporation under the provisions cf this Act and of the Acts therein cited, and within half a mile of the limits of any City or Incor- porated Town, to commute with sucli Company or Municipal Corporation for a certain sum per month to be j 'id Vy such party to the Company or Corporation for passing and re-pussny hrongh the Toll-gate between the residence of such party and the lintit of such City or Town, and in default of agreement such commutation may be fixed by arbitration, each party appointing one arbitrator, und the twoarbitiators a third, and the decision of any two of such arbifators being final, and in default of| commutation either by agreement of award of arbitration, such Company D, 1850. L'cl or provctitoJ fiorti sutiie, by any Mu- tiy bu bound lu muko uulhorily, nur hIuiH rif^hl of taking such siuns ol lliu puid Auts or to Buch report, or ipany by any Muni- u the extension of the 1 transferrtid to tbo >aicl Acts which shall lition in any Order in ntionod, or with the ipany to which such t contained shall be I Order cf the power extension, and by the nd conditions therein iy-fifth section of the of the Act secondly Iges and other Works to whom the same «i,Hridgesatid Works. in by any Connpany such Public Work as i by the provisions of }ly, but the maximum hall be the maximum uiidor the Act passed 3 make better piovism rvincial Works, andjor e lower maximum be rring the work to tlie ame, made with the d on any Road, or on Une bo regulated by ly in the absence of in Council as afore- oil on any Road or r on any extension e formed under this ider the Act firstly or •ks constructed under loll be stipulated (as ng such Public Work lawful for any parly Company or Muni let and of the Acti of any City or'Incor lunicipal Corporation rty to the Company le Toll-pate between City or Town, and in fixed by arbitration, bitrators a thiril, and lal, and in default of alion, such Company »r MUNICIPALITIES PURCn.V3!KO WoHKS, 1851. or Municipal Corporation nhiill bo entitled lo charge such p.irty or hii norvanlH and otluM-* p!i«.Hiiig such ;;ato with hi-* curringeH or vehicles, horbt'rt or catllo, Much 'I'nlh diily ii.h h1i;i1I bear tlio »iiino piopDrtion to thd Tolls por mile then cliar;^uil by the I'onjpruiy or Municipal Corporation lo other paitictt tus the distance between the liiiiii.s of tliu .-^uid City or Town aiiil the rcsidonou of iljo party lirt aforesaiil shall bear to one mile. IV. And for avoiiliiit,' doubts, Oe it enactod, Thai the provi.iions and conditions of a'ly Ordci in Cotincil made iiiidor llui Act thirdly above monlioiied, luviy cxleiui i" Iho mode ot ndjiipting and delcrmininij any diflieronco which may ir iso bolween the Crown and any Cojnpany or Municipal Corporation us lo their lospectivo rights imder the same, or to the reservation of the right of le-eiitry by the Crown into pos.session of any Public Work on the delault of such Company or Corporation to peiform the conditions agreed upon, and to the vesting in any SherifT power to give possession of such l*ublio Work to any Public Officer for the Crown, on any warrant under the hand and seal of the Governor to be addressed to such Sheriff, reciting such default and commanding him to give possession to such Oflicer for the Crown as aforesaid ; and that no enactment to be made for the purpose of enforcing the provisions of any such Order in Council as aforesaid, shall be deemed an infringe- ment of tho rights of the Company or Municipal Corporation to which it shall relate : but nothing in this section shall prevent the enforcement of the rights of tho Crown in any legal mannet not inconsiistent vrith the provisions and conditions of any such Order in Council as aforesaid. |*J.V. Provided always, and be it enacted, firstly, That no Road, Bridge or Public Work shall be transferred to any Company without tho reser- vation of power on the part of the Government to resumo the same at any time after the expiration of a period which shall not exceed tea years, on conditions to be embodied in the order in Council transferring it: and no $uch Road, Bridge or Publio Work shall be leased to any Company for a longer period than ten years : Provided always, secondly, That no Road, Bridge or Public Work shall be sold or leased to any Company unless security, veal or personal, shall have been given to the satisfaction of the Governor in Council, for an amount equal to ten per centum of tho actual valno of such Road, Bridge or Public Work in case of sale, or on the estimated value of such Work in case of lease, and such security shall be forfeited to tho Crown in case of non-com- pliance with tho condhions of such sale or leaso : Provided always, thirdly, That in every instance one of the conditions of the sale or lease of any Road, Bridge or Public Work shall be, that such Work shall be kept in thorough repair, and that for all the purposes of such contract, sale or lease, the sufTieiency of such repair shall bu ascertained and decided on by such Engineer as shall bo appointed to examine the same by the Commissioners of Public Works in this Province. MUNICIPALITIES PURCHASING WORKS, 1851. 14^15 vTa^C A p. 57. t/ '■■■.. li .1- 317 Or !or in Council trntwrcrrliiK any liiiMii*. \vorl( iMiijr cxtnnil to ccilulu iiinttcn. 01 ProviM : ecilain power* to lie it'icrvcd, Ac. Provlio : iccnrity to be taJien. Proviso: condi- tion thnt the \N ork Bliiiil lie kept in complotc repair. uin Act to remove donht as to Municipal Corpoui^e Bodies acquinrtg Public Works without the limits of iuch Munidpalitics. [30th August, 1851.] WHEREAS in and by an Act passed in the tw^elfth year of Her Majesty's Reign, intituled, An Act for the better 7nan; i;/ 318 Corporations cm powered to ac- quire public roadg, dec , be- Tond limita. Penalty for dam- 4gca to the road. Fines, Iccn bow l«Tied. Persons evading jMfnicnt of tolls ftow flued. Vines, &c., to whom paid. Oorporations bound to repair load. I i> MUNICIPALITIES PURCHASING WORKS, 1861. shall be lawful for the Governor In Council to enter into arrangements with any of the Municipal or District Councils, or other local Corpora- tions or authorltie.?, for the transfer to them of any of the Public Roads, Harbours, Bridges, or Public Buildings, which it may be found more convenient to place under the management of such District or Municipal Council, or other local authority; And whereas it is doubtful whether, under the provisions of the said Act, any District or Municipal Council, or local Corporation or authority, could acquire any such Public Roads, Harbours, bridges or Public Buildings situate beyond and without the limits of such District or Municipal Council, or other local Corporation or authority ; And whereas it is expedient to remove such doubt : Be it ' therefore enacted by the Queen's Most Excellent Majesty, &c.. That it shall and may be lawful to and for any Municipal Corporation, or other local corporate body or authority, to contract for, purchase, acquire and hold any such PubHc Roads, Harbours, Bridges or Public Buildings, which, in and by the said recited Act, could Jawfully be disposed of, whether the same be situate within the limits of such Municipal Cor- poration, or other corporate body or aulhorhy, or otherwise j any thing m the said recited Act to the contrary notwithstanding. II. And be it enacted, That if any person or persons shall cut, break down or destroy in any other way any of the Gates or Toll-houses erected on any road whereon Tolls may lawfully be taken, every such person 80 offending, and being lawfully convicted, shall be deemed guilty of a misdemeanor, and be punished by fine and imprisonment ; and if any person or persons shall place or remove any earth, stone or timber on any such road, to the damage of the same, or shall forcibly pass or attempt to pa«s any of the gates without having first paid the legal Toll at such Gate, such person or persons shall pay all damage, by him or them committed, and shall forfeit and pay a fine of not more than Five Pounds, nor less than Ten Shillings, to be recovered before any Justice of the Peace of the County or United Counties, or Mayor or Chief Officer of any City, Town or incorporated Village in which such Toll Gate is situate. III. And be it enacted, That the fines and forfeitures authorized to be imposed by this Act, shall be levied and collected by distress and sale of the offender's goods and chattels, under the authority of any Warrant or Warrants to be issued for that purpose by such Justice as aforesaid, or any other Justice of such County or United Counties, or Mayor or Chief Magistrate of any City, I'bwn or hicorporated Village in such County or United Counties, who is hereby empowered to grant the same. IV. And be it enacted, That if any person or persons shall, after proceeding on such road, with any of the carriages or animals liable to pay Toll, turn out of the same road into any other road, and shall enter the said road beyond any of the said Toll-gates, without paying Toll, whereby sneh payment shall be evaded, such person or persona shall, for every such cffence, forfeit and pay the sum of Five Shillings, io be recovered before any Justice of the Peace for the County or United Counties in which such road is situate. V. And be it. enacted, That all fines and forfeitures collected under authority of this Act, shall be paid to the Treasurer of the local authori- ties or Companies owning the respective roads in respect of which such fincj and forfeitures shall be imposed, for the use of such local authori- ties and Companies respectively. VI. And be it enacted, That every such local corporate body or authority, shall keep every such road in good and sufficient repair, and upon default thereof shall and may be indicted at any Court of -General Quarter Sessions of the Peace or other Court of Superior Jurisdiction of any County or Union of Counties within or along the boundary of which I }, 1861. nto arrangements ler local L'orpora- the IPublic Roads, ly be found more strict or Municipal doubtful whether, funicipal Council, uch Public Roads, i and without the r local Corporatioa such doubt : Be it jesty, &c., That it )rpovation, or other thase, acquire and Public Buildings, Ily be disposed of, ih Municipal Cor- erwiso j any thing ns shall cut, break roll-houses erected every such person deemed guilty of a ntnent ; and if any stone or timber on all forcibly pass or paid the legal Toll damage^ by him or not more than Five I before any Justice lyor or Chief Officer I such Toll Gate is res authorized to be )y distress and sale •ity of any Warrant uslice as aforesaid, ities, or Mayor or d Village in such to grant the same, ersons shall, after r animals liable to d, and shall enter thout paying Toll, n or persona shall, vo Shillings, to be County or United 33 collected under the local authori- sed of which such kuch local authori- korporale body or Ticient repair, and ! Court of -General iior Jurisdiction of koundary of which SALES OF GOVERNMENT LOANS, 1850. 319 Penalty inenmd for ncglecUog Om tame. such road shall be out of repair, and upon being convicted, the Court before which such conviction shall be had, shall direct such local cor- porate body or authority to make the neccsfrary repairs, for the want of which such prosecution shall have boon commenced, within such time as to the Court shall seem rt^asonable ; and that in case such repairs shall not be completed within such time, the County Council of the locality within or along the limits of which the road may be situate in part or wholly, shall and may cause the necessary repairs to be made, and. the amount expended on such repairs, together with twenty-five , ; per cent, of increase thereon, shall and may be recovered from the , corporate body or authority owning the road and so neglecting to make such repairs, by action of debt in any Court of competent jurisdiction. VII. And be it enacted, That any person or persons appointed to Exacting onftir collect Tolls at any Toil-gates in Upper Canada, who shall demand toils punishable Tolls at a higher rate than is authorized by law, from any person or ' "*' persons passing through the same, or wilfully make any unnecessary delay in opening the same, shall incur a penally of One Pound Five Shillings, to be levied in the same manner as other penalties imposed by this Act. VIII. And be it enacted, That this Act shall apply only to Upper ActiimRaf. Canada. SALES OF GOVERNMENT LOANS, 1860. 13 fy 14 VIC, CAP. 71. An Act to enable the Provincial Government to dispose of claims againtt certain Companies for Loans made to them under the authortty of certain Acts of the Parliament of Upper Canada. [lOlh August, 1850.J WHEREAS the Government of this Province, or that of the Province PreamMe. of Upper Canada, hath at divers limes, under the authority of Acts of the Legislature of Upper Canada, advanced or paid sums of money to or for Companies Incorporated for the purpose of constructing canals, rail-roads, harbors, roads and other woi>k« and nnprovements of / a public nature in Upper Canada, and such sums or part thereof, or the interest thereon or part thereof, remain due to the Province, and it is ,, :%.': I. expedient to authorize the Provincial Government to dispose of the claim " of the Province for any such sum as aforesaid, to any parly who may ba ' ' willing to purchase the same, and upon such terms as may be agreed » upon between the Government and st.ch party : Be it therefore enacted by fhe Queened Most Excellent Majesty, &c. That it shall be lawful for Governor in the Governor in Council, by any Order in Council to be made for that council may purpose, to assign, trmisfer and convey to any Municipal Corporation, J^'^mSI^b. Incorporated Company or other party, who may agree to purchase the ics, and iiow. same, the claim of the Province for any sum of money due from any Compandor parly, and arising out of any such advance or payment as is mentioned in the preamble to this Act", on such conditions and with such clauses, provisions and limitations as shall be mentioned in such Order in Council, including the undertaking of any third party to become surely for the due papnent of the consideration money, and the faithful performance of any conditions therein mentioned ; and iny such Order m Council shall transfer to and vest in the party therein named for that punose, all the righlsof the Crown in and to the debt or claim thereby ' intended to be transferred, and shall have effect according to the tenor thereof, as if the clauses, conditions and provisions thereof were ia- \ i 't. WW i' K . it ■■ 1 ' ';' 'H Vi ffiSw t.-s ■i'K. ■: 320 Bvidenec of sucU trani-ler. '••i! «<■' Municipal corpo- rationsempower- cd to puichaidc. SPECIAL RATE FOR DEBTS TO CROWN ABANDONED, 1851. seited in this Act: and a copy of the Canada Gasdte containing any such Order in Council, or any copy of such Order certified by the Pro- vincial Secretary, shall be evidence liiereof, and the consent and agreement of all the parties named therein shall bo presumed, unless disputed by such jjiirlies, and if disputed, shall be proved by any copy of such Order in Council on whicli the consent of such parties shall be written and attested by such signature or seal, or both, as would be sufficient to make any deed or a ii,:r ■\^'^-i> l.'' 14 fy 15 nC, CAP. 124. Pnamblo. ,'.;,'<. Municipal Cor- porations em- powered to con- tract debts to Her Majesty, in the purcliase of Pub- l\c Works. 177 sei. of 12 Vic. c— An Act to enable Municipal Corporations in Upper, Canada to contract Debts to the Crown, in the purchase of Public WorkSytoithout imposing a Special Rate or Tax for the payment of the same. [30th August, 1851.] WHEREAS the Public Works which have been, or may be here- after sold or transferred to Municipal Corporations in Upper Canada, yield large sums of money arising from tolls collected on the same, which the said Municipal Corporations may be desirous of applying towards the payment of the instalments of the purchase money of such Works and the interest thereon, as the same shall fall '.iie, instead of being obliged to impose or I'jvy a Special Rate or Ta.v per annum for payment of the same, and it is therefore desirable that such corporations be at liberty to become debtors to the Crown for the pur- chase money aforesaid, without levying such Special Rate : Be it there- tore enacted, &c., That it .shall be lawful for any Municipality or Municipal Corporation in Upper Canada to contract any debt or debts to Her Majesty, her heirs or successors, in the purchase of any of the public roads, harbors, bridges, buildings, or other public works in Upper Canaaa ; and that any such Municipality or other Municipal Corporation may enter into, make and execute, all or any bonds, deeds, covenants, or other securities to Her Majesty, her heirs or successors, which such Municipality or other Municipal Corporation may deem fit for the payment of the amount of the purchase money of any such pub- lic work already sold or trp.nsferred, or which may be hereafter sold or transferred, or agreed so to be to such Municipality or Municipal Corpo- ration, and for securing the performance and observance of all or any of the conditions of sale or transfer; and may also pass and enact all necessary by-laws for any of the purposes aforesaid. And that all sucli by-laws, debts, bonds, deeds, covenants, or other securities shall be valid and effectual in law, and binding upon such Municipality or other Municipal Corporation to all intents and purposes whatsoever; although no special or other rate per annum be settled or imposed lo be levied ia each year, as provided in and by tho one hundrinl and seventy-seventh section of an Act of the Logislatnre of this Province, pas-sed in tho twelfth year of Her Majesty's reiaii, intituled, An Act to provide by one General Law for the erection of Municipal Corporations, and the establish- )NED, 1851. containing any [led by the Pro- le consent and resumed, unless ed by any copy parties shall be h, as would be ;veement of such whose Munici- lentioned in the ered tt> purchase e by assessment 1. 3 CROWN r>.-./ 'anada to contract f^withoutimposins , August, 1851.] I, or may be here- Kations in Upper Is collected on the ly be desirous of \e purchase money rae shall fall a)e, al Rate or Tax per lesirable that such 3rown for the pur- Rate : Be it there- ' Municipality or , any debt or debts ise of any of the public works in Ir other Municipal j any bonds, deeds, keirs or successors, [tion may deem fit of any such pub- i hereafter sold or Municipal Corpo- ice of all or any of >as3 and enact all J And that all sncli Iseouvities shall be Tinicipality or other latsoevevj'althoujjh Ised to be levied ni Id seventy-seventh Vice, passed in iho h io Tyrovlde hj oM Is, ani the establish- MUNICIPAL STOCK IN RAILROADS. merit of Rcgvlations of Police, in anu for the several Counties, Cities, Towns, Tonmships and Villages in Uppir Canada. U. And be it enacted, That it shall, nevertheless, be lawful for any such Municipality or Municipal Corporation, in any by-law to be passed for the creation of any such debts as aforesaid, or for the makiug or executing any such bonds, deeds, covenants, or other securities as afoiesaid, to Her Majesty, her heirs or successors, or in any othec by-law to be passed by such Municipality or Municipal Corporation, to settle and impose a special rate per annum, of such amount as such Municipality or Municipal Corporation may deem expedient, over and above and in addition to all other rates whatsoever, to be levied in each {ear upon the assessed rateable property within the limits of such lunicipality or Municipal Corporation, for the paynient and discharge of such Debts, Bonds, Covenants, or other Securities, or some part thereof; and that every snch B5-law shall be valid and effectual and binding upon such Municipality or Municipal Corporation, although the Rate settled or imposed thereby be less than I i t; i y" i '. ' ■. . ..-/■ 326 M APPENDIX. .nurrtM. ii IR 10-12 VldTOItlA. faom. CI. An Act to appoint Comiuissionors to dofino tlici lioinulary Tj1»o hntwoon tho Townshij) of Walpolo in tlio Niiiguni Distrit.t, luid tho Towiwhip of Wootlhousc m tliu Tulbot District - . - CII. An Act to ropt'iil tho Act dcfiiiincy ilio Boundary Lin^ hotwcKMitho fourth (-oiicassions of tho 'l\»wnships of Moiitaiijuo and North Ehnslny cm. An Act to incorporat'3 Iho Trustees of the Kinppton llaspital CXI. An Act to onablo tho Trustcifts of tho Ottawa j3if> * <• -fc>s**^\/ .* ^/V^ *.%m>» i*>»v» • ^ j» <» A. ^/VAf VI. A «4 18 1-14 Sc Iff VICTOniA. t.r XI. An Act to amond tho Law relating to Appronticoa and Minors XXX. Au Act to close up part of Ottawa Street in tho Village of Cayuga • XXXI. An Act to indemnify tho Municipal Councillors of tho County of Peterborough and others, for passing a certain By-law of tho Municipal Council of tho said Couuty, which wtis aftorwanls quashod - - - XXXIII. An Act to incorporate tho County of Oarlotou General Protestaut Hospital XXXIV. An Act to incorporate The Orphans' Home and Female Aid Society, Toronto XXXV. An Act to incorporate The House of Industry of Toronto - XXXVII. Au Act tt) amend tho Act intituled, An Act to incorporate the City of Kingston Water Works Company XXXVIII An Act to vest a ccrlivin allowance for Road in tlio Township of Woodhouse, in the County of Norfolk, in Andrew ThonjpRon XXXIX. An Act to vest a cerUiin allowance for Road, in tho Township of York, in certain Persons LI. An Act to consolidate and regulate tho General Clauses relating to Rail-ways LXXIII. An Act to make provision for the construction of a Main Trunk Lino of Rail-way throughout tho Avhole length 6f this Province - - - 1951 LXXIV. An Act to extend tlio provisions of an Act passed in tho present Session, intituled, An Act to m,ake provision for the construction of a Main Trunk Line of Bait-way throughout the length of this Province. 1958 LXXV. An Act for raising by way of Loan, a sum not exceeding Four Millions of Pounds Currency, for making a Main Trunk Line of Rail-way throughout the length of this Province 1959 1811 1833 i 1833 1835 m 1838 1840 1840 4 i 1850 1860 1888 i'liMib 328 APPENDIX. «a*rrKM. 1851—14 4e 16 VIOTORM. ttou. LXXVI. An Act to continue an Act passed in the eighth year of the Reign of Her Majesty, intituled, An Act for the better preservation of the Peace, and the prevention of Biota and Violent Outrages at and near Public Works, while in progress of construction, and to extend the oi)eration there<^ to certain works undertaken by Incorporated Comoanies - - 1901 LXXVII. An Act to autliorizo the employment of Military Pensioners and others as a Local Police P'orce 1002 LXXXII. An Act for the reguhition of Pawnbrokers and Pawnbroking - 1009 LXXXIII. An Act to authorize the confinement of Lunatics in cases where there being at large may be dangerous to the public . . - ■ 1970 CXIL An Act to extend the time for making the selection of Jurors, and pro- paring the Jurors' Books in Upper Canada in the present year - - 2120 CXVIL An Act to authorize the Payment of certain Expenses of the Admin- istration of Justice in the Recorders' Courts in Upper Canada, out of the Consolidated Revenue Fund of this Province . . . - . 2140 CXXXVIIL An Act to authorize the Municipal Council of the United Counties of Wentworth and Halton to dispose of a part of the present C ourt House Square 2208 CXXXIX. An Act to authorize the County of Welland Municipal Council to purchase certain lands in the said County, known as the Qreat Cranberry Marsh, and for other purposes - - - - - - -- 2209 OXL. An Act to allow a Qrant of the Hospital Reserve, Belleville, to the Town Council 2210 CXLI. An Act to amend the Act incorporating the Trustees of the Toronto .Hospital .-- 6210 CLXIII. An Act to incorporate The Montreal and Kingston Bail-way Company 2213 CXLVL An Act to incorporate ^'The Kingston and Toronto Rail-way Company" -- 2224 CXLVn. An Act to amend the Act incorporating the Bytown aixd Prescott Rail-way Company ----- 2228 CXLVin. An Act for incorporating The Toronto and Ouolph Rail-way Company - 2231 CXLIX. An Act to incorporate the Wolfe Island Rail-way and Canal Company 2233 CL. An Act to amend the Sydenham Mountain Road Act, and to vest in George Rolph, Esquire, his heirs and assigns, certain privileges therewith connected 2236 CLII. An Act for incorporating and granting cetrtain powers to a Company for the encouragement of Manufactures on the Welland Canal - - 2240 CLIIL An Act to amend the Act of Incorporation of the Niagara Harbour and Dock Company 2247 CLVII. An Act to amend the Act incorporating the Port Burwell Harbor Company __-- 2251 CLXV. An Act to vest a certain Road Allowance in the Township of Hope^ iu the County of Diirham, in James Madison Andrews, and others - 2280 • y -ft ■ -f (.. Reign of he Peace, ir Public o])cration - 19fll jnora and - looa king - 1069 aes where - 1976 J, and pro- - 2120 le Admin- out of the ■ 2140 id Counties ourt House - 2208 Council to , Cranberry - 2209 the Town - 2210 ho Toronto - 5210 1 Bail-way - 2213 o Rail-way ■ 2224 ad Preacott - 2228 b Rffll-way - 2231 d Company 2233 to vest in therewith - 2236 Company - 2240 [arbour and - 2247 reix Harbor . 2261 kip of Hope, Uers - 2280 THIRD SUPPLEMENT TO THE MUNICIPAL MANUAL. 't »t' CONSOLIDATED MUNICIPAL LOAN FUND. ACT 16 VIC, CAP. 22. An Act to establish a Consolidated 3Iunicipal Loan Fund for Upper Canada, [10th November, 1852.] WHFREAS it would greatly facilitate the borrowing, upon advan- tnneous terms, of puch sums as may be required by any County, City, 'I'own, Township or Village Municipality in Upper Can- ada, for ejecting or aiding in efTecting important Works calculated to benefit such Cour'y, City, Town, Township or Village, that such sums should be raised by Debentures issued upon the creditof a Consolidated Municipal Loan Fund under the management of the Provincial Govern- ment, instead of bein:> raised upon the separate credit of each individual Municipality: He it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the Unhed Kingdom of Great Britain and Ireland, and intituled. An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority ot the same. That there shall be a Consolidated Municipal Loan Fund of Upper Canada, to consist of all monies which under this Act or any other Act shall be directed to form part of the said Fund; and such Fund sliall be managed by the Receiver General, under the direction of the Governor of this Province in Council, and the books and accounts thereof shall be kept in his office. II. And be it enacted. That it shall be lawful for the Corporation of any County, City, Incorporated Town, Township or Village, by By-law to authorize any sum of money to be raised on the credit of the said Consolidated Municipal Loan Fund, and to appropriate such sum or so much thereof as may be found requisite, to defray the expense of build- ing or improving any gaol or court house for the use of such Municipality, or for acquirinsr, making, constructing or completing, or assisting in the making, construction or completion of any Rail-road, Canal or Harbour, or for the improvement of any Navigable River, within or without the Municipality, but the acquisition,making or construction whereof will benefit the inhabitants of such County, City, Town, Town- ship or Village, and by such By-law to declare the purposes to which the sum so to be raised shall be applied, and to malce such other provi- m Preamble. Consolidnted Municipal Lonn Fund Established. Munlcipoiitiea may borrow money on ttie credit of sucta Fund for ccrtoia purpoBCB. ''■'.''S'l'l i: Hi i^i m ■4 330 Hew ■ Munlcl- pmhf may oMiit in vtf uBwnak- WiMt proTltlona the Ur-law miut coatain. IiViillter provis- ion* requirail In ttr-law. .:e Tntwpublklied betiirc paaalng. fienetnl niootiiigs IVn tfcallnfii at mtdtt MoeUng. CONSOLIDATED MUNICIPAL LOAN FUND, 1852. •ions as may be requisite for ensuring the due application of auch inoiiev, and tnu atlainmetitdf lliu objeclstconlumplattui by such Ky-lnw and that it s*iall be lawful fur the Curpuraliori ol any City or ('ounty by By-law to auliiori/M any Hum oi monoy to be raised on the credit of tho Consolidated Municipal Loan Fund, and to appropriate hucIi ^uln or ho much thereof as may be found nt'censarv, to defray the cost of m«kin<,' or improving any Ilridge, Mucad;uni/.e»f, (Jrnvel or Plunked Hoiid,M'illi'^ in or without tho IViuiiicipalily, but tho makinjj or improviiij,' whereof will benefit the inhnbilantH ot Mueti County or City, and by mucIi By-law to declare the purixj.ses to which the sum so to be raised hhall be appli- ed, and to make Much other provisions as may be riMjuisile for enbuiniir tho duo applicniiun of such iiiuney, and the atlainnit.'nt ot the objecia contemplated by such By-law. 1. By any such By-hiw it may be provided that the assistance of the Municipality shall be granted towards making, constrncting, or com- Eleting any such Kail-road, Bridge, Macadam i/ed, Gravel or Planked oad, Canal or Harbour, or towards the improvement of any navigable river, either by subscribing on behalf of the Municipality for Stock in any Company incorporated for making, constructing ot completing the aame, or by loaning money to such Company, or to any Board of Com- midsioners tncorporaled for any of the ubovu purposes, in which caHe the security to be taken from the Company or Board of Commissioners, and the other terms of the loan shall be mentioned in the By-law. 2. The By-law shall recite that the loan is to be raided under the provisions ot this Act, and shall express the term for which tho loan in required, which shall not in any case exceed thiity years, nor be less than five "oars. 3. If the By-law be passed by a County Council, the principal and interest of the loan shall be payable by all the Townships, Towns and Villages in tho County, and the County Tieasurer shall in each year apportion the amount to be paid by each, according to tho amount of property returned upon the Assessment Rolls of such Townships, Towns and Villages respectively, for tho financial year next preceding that for Mrhioh the apportionment is to be made. 4. Such By-law, or every material provision thereof, shall be pub- lished for the information of tho Rate-payers, fwr at least one month before the fin.al passing thereof, in some newspaper published weekly or oftener, within the territorial jurisdiction of the Municipality, or if there be no such newspaper published within such jurisdiction, then in some newspaper published in the place nearest to such juris- diction, and also by posting the same up in at least four public places in the Municipality, (and if it be a By-law of a County Council then in each Municipality in such County) with a notice, signed by the Clerk of the Municipality in tho Council of which tho By-law originated, signifying that it is a true copy of a By-law which will be taken into consideration by the Council of the Municipality after the expiration of one month from the first publication thereof in such news- paper, (the date of which first publication shall be mentioned in such notice,) and that on some day and at some hour and place, (or if the Meeting be for a County By-law, places,) named in the notice, and which shall have been previously fixed by the said Council, such dav not being less than three weeks, nor more than four weeks after such first publication, a General Meeting of thvi qualified Municipal Electors of the Municipality, (or of the several Municipalities within the County,) will be held for the purpose of considering such By-law, and approving or disapproving the same. 6. On the ilay and at the hour and place (or places) appointed b) arch notice as aforesaid, the qualified Municipal Electors, or such oi D, 1852. plicalinn uf luch by such Hy-liiw J Jity or Cotiiily by 1 ihe crt'ilil oi Iho ile Biioh Min> or «•> tie cdsl ol making inked Hoiul,willi- inpiiiviii}^ whereof il by siicli By-liiw 10(1 himll b« uppli- iii.-tilo ior enhiuiiiir n»MU ol Uio objects n<*wiM!\iic«) of the HtrmMiiig, or com- Giavel or Plankt'd It of any navigable pality for Stock in 1 01 completing the any Hoanl of Cotn- iHes, in which ca»e I of Commissioners, in the By-law. be rnirted under the or which the loan \n y years, nor bo less I, the principal and ,vnship», Towns anil I- shall in each year MSI to l^'O «»«Tiount of |h Townships, Tuwn« lext preceding that lereof, shall be pnb- at least one month sr published weekly Municipality, or if [ch jurisdiction, then Lrest to such juris- (at least four public lof a County Council la notice, signed by which the By-law -law which will be unicipalily alter the hereof in such news- le mentioned in such and place, (or if the \\ in the notice, anil Id Council, such dav lur weeks after such Municipal Electors fs within the County.) l-law, and approving llac-.es) appointed b) Electors, or such oi CONSOLIDATED MUNICIPAL lOAN FUND, 1862. 331 them as choose lo attend th« Meeting, shall take the raid By-law into consideration, and shall approve or disapprove the same; and at such Meetin;; the Mayor or Reeve of the Muiiicipnlity in which it is hold 5hall nru.sidu, or in his ubseiicu some oilier Member of the Con'uil of such Municipality lobe choAon by the Meetinix. urid iho ('lerk of such Municipality shall act as Secretary ; and it sluill be the duty of the said Clerk to have wilti him the Asfessmuiit Uolh of the MuiiiuiiMilitv then ill force, or ciMlilied copies thereof: The only (Question to bo doter- mincd at cuch Meuting, shall be whether the majority of the Municipal Kleclors present llieroat, do oi i\o not approve of the said By-law ; and when the (iiie.>lion lias been nut, the peison presiding shall declare whulhur in his opinion the miijorily is for the approval or disapproval of the By-law, and his decision if not forthwith appealed from, shall be final, and it shall forthwith bo conunuiiioated to the Council of the Municipality which originated ihe By-law, by a certificate under the hand of^ the Secretary ol the Meeting. 6. Any six duly (pialified Municipal Electors present at any such Meetini* may appeal fiorn the decision of the person presiding, and demand a Full, iiiid such Poll shall be granted by the person presiding at the MeetiiiL', and shall be immediately taken by him, Ihe Clerk oT the Municipality acting as I'oll Clerk ; each Elector shall then present himself in turn to the person presiding, and shall give his vote " yea" or *' nay,"— the word *' yea" meaning that he approver the proposed By-law, and the word " nay " that he disapproves the same :^but no iieiNon's vote shall bo received unless he appears by the Assessment lulls to be a duly qualified Municipal Elector. 7. The person presiding may, if necessary, adjourn the Poll at snn- AdjoiirwinMit tf sol on the day of neeting, until ton o'clock in the forenoon of the * following day, not being a Sunday or statutory holiday, when the Poll shall be continued as on the first day, but shall be closed at suncct of such second d;iy ; — it ^liull be closed at any time on the (ir.-t or second day if one half hour shall elapse without a vote being oflored. 8. At the close of the Poll the person presiding shall count the " yeas" cio<« of the Poll, and the ♦* nays," and ascertain and certify for Iho information of ihe Council which originated the By-law, whether the majority is for the approval or the disapproval of the saiil By-law ; and such ceitificate shall bti countersigned by the Clerk of the Municipality acting as Se- cretary of the Meeting and kept by him, with the Poll List, among the rocoida of his office, and a duplicate thereof transmitted to the County Clerk if the By-law originated with a County Council. 9. If the By-law lo be considered be a By-law of a County Council, ity-inw of a the meeting to consider the same, or the poll of the electors, shall not ^*'""'' *■*""*''• be held for the whole County at one place, but such meeting or poll shall be held in each of the several Municipalities of such County respectively; and the question whether the By-law shall bo approved or disapproved, either by the majority of the total number of electors voting '* yea" or " nay," in the whole County, or by the majority of voles of Municipalities, approving or disapproving of the same, giving to each Municipality one or two votes, according as it is by Law authorized to return a Reeve or a Reeve and Deputy Reeve to the County Council of such County, in which case each Municipality shall be held to have voteil for the approval of the By-law, if the Majority of Electors voting at the Meeting held therein shall have voted " yea," and to have voted for tho disapproval thereof if the Majority of such Electors shall have voted ** nay ;" and each such County Council shall make a By-law to provide which of the two modes of decision shall be adopted, and shall also thereby declare the manner in which the decision of each ■ » n ■t^ t*i 4i I ■/ 332 IT dbapproTod : If afiproTed : Corernor Gene- ral io approre. Information to be furnished to Covernor. Governor In Council may demand furtiier infonnalion from Municipality. Receiver General to fisne Deben- tures, &.C. Where payable and form oi. How wonied. CONSOLIDATED MUNICIPAL LOAN FUND, 1852. Municipality, or of the electors thereof, shall be made known to tbv County Clerk. 10. If such By-law be disapproved by the majority of the Electow (or of the Municf jialities) as aforesaid, the Council shall not proceed to pass the same, but if it be approved by such majority, and afterwards passed by the Council, then such By-law, and all the provisions thereof shall be subject to the approval of the Governor in Council, and shall have no force until such approval shall have been given ', but shall nut be subject to the special provisions made by the Upper Canada Munici- Eal Corporations Act of one thousand eight hundred and forty-nine, or y any Act amending the same, concerning By-laws creating debts, or to any provisions or formalities, except those prescribed by the said Acts with resard to By-laws generally, and those presciibed bythis Act; and every such By-law, when submitted to the Governor in Council for his approval, shall contain a recital that it has been approved by a majority of the duly qualified Municipal Electors (or of the Municipal- ities) of (or in) the Municipality, at a meeting (or meetings) called and held in conformity to the requirements of this Act, and such recital shall for all the purposes of this Act be conclusive proof of the facts therein stated, nor shall any such By-law, or anything done under it, be invalidated by any error of fact or incorrectness in such recital ; but this provision shall not affect the responsibility of those who may hav« wilfully concurred in any mis-statement of fact in such recital. 11. Before such By-law shall be approved by the Governor in Coui>> cil, proof shall be made to his satisfaction, that the By-law was pub* lished and notice given as hereinbefore required, and he shall bo furnished with a statement certified under oath by the Treasurer of the Municipality, shewing the amount of taxable property therein accord- ing to the then last Assessment Roll or Rolls, and a true account of all the debts and liabilities of the Municipality and of its expenditure foi every purpose, for the then last year. III. And be it enacted, That it shall be lawful for the Governor in Council to require from the Municipality by the Council whereof any such By-law shall have been passedj.all such documents and informa- tion as he may think necessary for ascertaining the expediency or inexpediency of such By-law, or any of the provisions thereof, andfthe same shall be furnished accordingly by the proper Officers of such Municipality, and no such By-law shall be repealed, amended or altered otherwise thnn by another By-law approved in like manner by the Governor in Council, and to which all the provisions of this Act shall apply, as to the original By-law. 1. So soon as the By-law shall have been approved as aforesaid, it shall be lawful for the Receiver General to raise by loan, by Deben- tures issued by him upon the credit of the said Consolidated Municipal Loan Fund, a sum of money not exceeding that authorized by such By- law, and to pay over such sum to the Treasurer of the Municipality, or to deliver to him, or to his order, Debentures secured upon the said Fund to a like amount, or to pay part of such sum in money to the Treasurer, and to deliver to him Debentures for part ; and in any case, he shall enter the amount for which Debentures are issued and delivered, to the Debit of the Municipality as so much due by it to the said Fund : 2. The principal and interest of the Debentures so issued may bt made payable at any place within or without this Province in currency or in sterling money or in the currency of the place where they shall bi made payable ; and such Debentures shall be in such form as the (ioT- ernor in Council shall direct, subject to the following provisions : 3. They shall express upon their face that the Provincial Governmeil , 1852. ) known to tbv of the Electon 11 not proceed to , and afterwards rovisions thereof unci), and shall m ; but shall nut Canada Munici- id forty-nine, or ireating debts, or bed by the said ibedbythis Act; lor in Council for I approved by a )f the Municipal- jtings) called and and such recital ^voof of the facta ig done under it, such recital ; but se who may ha?« jh recital. lovernor in Coun^ By-law was pub- and he shall bo 3 Treasurer of tha 1y therein accord- mo account of all its expenditure foi r the Governor in ncil whereof any lents and informa- he expediency or s thereof, and the Officers of such .mended or altered e manner by the of this Act shall ed as aforesaid, It y loan, by Deben- )lidated Municipal irizedby suchBy- 3 Municipality, or ipon the said Fund y to the Treasurer, ny case, he shall d delivered, to th« said Fund : so issued may t» )vince in currency here they shall bs foim as the Got- provisions : ncial Governme* CONSOLIDATED MUNICIPAL LOAN FUND, 1852. undertakes to pay the principal sum mentioned in them and the interest lliereun, out of the monies forming part of the said Consolidated Muni- cipal Loan Fund, and out of no older monies or funds whatsoever. 4. Tiie principal shall be made payable at the time provided by the By-law, and the Debentures shall contain no provisions inconsistent with the By-law by which the loan is authorized, and they shall con- tain all such provisions as may be necessary to carry out the intentions of such By-law. 5. The rate of interest upon them shall in no ease exceed six per centum per annum, and such interest shall be made payable half yearly on such days in each year as shall be therein appointed for the purpose ; but if any Debenture be issued whhin the three months next before any 'euch day. then the first interest thereon may be made payable on that one of the half yearly days which shall come next aftftr the expiration of three inonths from the date of its issue. 6. They shall be for even sums of money, and no Debenture shall be for a less sum than twenty-five pounds, or the equivalent thereof. 7. They shall contain such conditions as the Governor shall from time to time, by order in Council, direct to be inserted therein, as to the right of the Keoeiver General to call such Debentures or any of them in for payment before the time therein absolutely appointed for the payment of the principal, — the manner in which they shall be so called in, — and in which it shall be determined which of such Debentures shall be so called in at any time, if they be not all called in at the same time ; and no interest shall be payable upon any Debenture which shall have been called in according to such conditions as aforesaid, for any period after the day on which it shall have been required to be presented for pay- ment, which day shall always be one of tliose on which interest is pay- able on such Debentures; and this forfeiture of interest in the ease last mentioned shall be expressed on the face of the Debenture. 8. It shall not be necessary that any Debenture should show upon what By-law or with reference to what Municipality it was issued, but each Debenture shall be distinguished by a number by which it shall be known and referred to. 9. The Governor in Council may direct that any such Debentures may on the application of the holders thereof be exchanged for another or others for the same amount of principal, payable absolutely at the same or any later date, and bearing the same or any less rate of interest. 10. The said Debentures shall be held to be Debentures issued by the Government of this Province through the Receiver General thereof, within the meaning of the Act to establish freedom of Banking, or any Act amending the same, and of the Act to exempt the several chartered Banks from the tax on their circulation on certain conditions, and shall be available accordingly fov all the purposes of the said Acts or either of them, and any monies which are by law directed to be invested by or under the directions of the Governor in Council, may be invested in 8uch Debentures. IV. And be it enacted. That it sliall be lawful for the Governor in Council from time to time, and when it shall be necessary to enable the «aid Consolidated Municipal Loan Fund, to meet the charges upon it, to direct the Receiver General to advance to the said Fund, out of any unappropriated monies forming part of the Fund arising out of monies levied or to be levied under the authority of the Act passed in the ses- sion held in the I3th and 14th years of Her Majesty's Reign, and inti- tuled, An Act to provide funds for defraying the cost of the erection of the Lunatic Asylum and other Public Buildings in Upper Canada, and knowa 333 To conform wkh By-laws. Rnte of interesi, and terms at wtiicli payable. Advaneei to tk* said Fund from the Upper Caaa.' dalluildingPuad. I' I;. To te for cvea Bunii. '.:»! % To coBtaiu provisiona na lo calling tbeiu in. Debenture M k« riuiabtirod. ■■ t Exehanginx Debenturei*. Debentures to tw ag GovrrnuieBt Debeuturea. II 334 CON&OUDATED MUNICIPAL LOAN FUND, 1852. PaymenUi to be at the Rate of 8 per cent, per annum on the Loan, Ac. Coupoas to be taken as money. Slaking Fund constituted : of what it shall Share of each Municipality in iinking Fund. Account to be kept by Receiver (ieneral wiihthe Municipality. ha the Upper Canada Building Fund, such sum as may be deemed expedient, and in like manner to direct the repayment of j«nch sum from the said Consolidated Municipal Loan Fund to the said Upper Canada Building Fund. V. And be it enacted, That the Receiver General and the Treasurer of the Municipality, shall resipectively keep a correct account between the Municipality and the said Consolidated Municipal Loan Fund, debiting the Municipality with the principal of each Debenture issued for its purposes, and with the interest thereon as the same becomes due, and any other expenses or liabilities incurred by reason of such Deben- tures, and crediting it by the sums paid over to the Receiver General to meet such principal and interest, by the proportionate shaie of the Mu- nicipality in the proceeds of any monies forming part of the Sinking^ Fund hereafter mentioned and invested by the Receiver General, and by any other sums received by him on account of the Municipality ; and it shall be the duty of the Receiver General, three monthn before each day in each year in which interest or principal will be payable on the Debentures issued for the purposes of any Municipality, to notify to the Treasurer thereof, by letter sent by Post, the sum which he will, under the provisions of this Act, be required to pay over to the Receiver General by reason of such Debentures, which sum it shall be the duty of such Treasurer to pay over accordingly ; but the failure on the part of the Receiver General to give such notice shall not affect the obligation of the Treasurer or of the Municipality, to pay over such sQm at the lime when it ought to be so paid over. 1. The sum to be so paid at any time by the Treasurer for his Muni- cipality shall be at the rate of eight per centum per annum on the amount of the Debentures issued for the Loan in respect of which the payment is made, for the period to which the payment shall relate, and such further sum as may be payable on the day in question for or on account of the principal of such Debentures, less such sum applicable to the payment of such principal as may then stand at the credit of the Municipality in account with the said Fund : and such payments shall continue to be made until all such Debentures shall be paid off in principal and interest, or until there be a sufBcient sum at the credit of the Municipality to pay off the same. 2. If the Treasurer shall have any of such Debentures in his hands as the property of his Municipality, then the proper Coupons for interest on such Debentures may be taken from him by the Receiver General as money. 3. The difference between the said rate of eight percent, and the actual interest payable on the Debentures, and all other monies which shall come into the hands of the Receiver General as part of the said Fund, and shall not be required to pay the interest of Debentures chargeable upon it, shall form a Sinking Fund, and shall be from time to time invested by the Receiver General under the direction of the Governor in Council, and the amount thereof shall, with the proceeds of such investment (which shall also form part of the s:iid Sinking Fund) be applied under such direction as aforesaid, to the redemption of Debentures issued on the credit of the said Municipal Loan Fund; and each Municipality shall be credited with a share of the said Sinking Fund equal to the amount of the sums it shall have paid into the same, and with a share of the proceeds of any part of the said Fund invested by the Receiver General proportionate to the sums it shall have paid into the same and the time during which such sums shall have remained in the said Sinking Fund, and such share shall be accordingly applied to the redemption of the Debentures issued for the purposes of such Muui'* ,1862. nay be deemed i iinch sum from Upper Canada d the Treasurer ccount between lal Loan Fund, tebenlure issued ne becomes due, of such Deben- eiver General to ihaie of the Mu- rt of the Sinking ' ver General, and e Municipality, } months before ill be payable on lality, to notify to n which he will, >r to the Receiver jhall be the duty lUre on the part of ect the obligation r such som at the irer for his Mnni- er annum on the lect of which the t shall relate, and [question for or on 'h sum applicable the credit of the ;h payments shall 1 be paid off in im at the credit of ures in his hands )upons for interest Receiver General »r cent, and the jier monies which Is part of the said 1st of Debentures Ihall be from time direction of the Ith the proceeds of lid Sinking Fund) \e redemption of Loan Fund ; and I the said Sinking lid into the same, lid Fund invested it shall have paid lill have remained Irdingly applied to ^es of such Muui« CONSOLIDATED MUNICIPAL LOAN FUND, 1852. 336 Securitiea fcrn- ing part of it may be Mid. Duty of the Treasurer and Officers of tbe Municipality alter the pasBini of any surii By-law in levying money to meet payments to be made in consequcacc thereof. cipality : and each Municipality shall be debited with all sums paid out of the said Sinking Fund on its account. 4. It shall be lawful for the Receiver General to pay the interest on cMain payuKaia any Debenture out of the said Sinking Fund, if in any case the other maybe mada monies at his disposal for the purpose shall be insufficient repaying the °"'''' "• amount so paid with interest, to the said Sinking Fund, out of the monies which would otherwise be applicable to the payment of such interest so soon as the same shall come into his hands. 5. It shall be lawful for the Receiver General from time to time to sell, pledge or otherwise dispose of any securities in which any part of the Sinking Fund may have been invested in case it shall be necessary 80 to do in order to enable him to pay any sum which is hereby made payable out of the said Sinking Fund. VI. And be it enacted, That whenever a By-law authorizing the raising of money by loan, under this Act, shall have been passed by the Council of any Municipality, and approved by the Governor in Council, the Treasurer of such Municipality shall ipso facto, and with- out requiring any other authority or direction whatever, have full power, and it shall be his duty, before the making out of the ordinary Collectors' Rolls ill each year, if the By-law shall then be in force, and if not, then at least three months before the earliest day on which interest can be payable on any Debenture issued under such By-law, to ascertain the highest sum which can be required during the year, to pay the interest (and the principal if any be payable,) on or of Debentures issued or to be issued under such By-law, and to add five per centum thereunto for losses and t x^ ost^s, and to certify the amount in a notice to the Clerk of the Mun;oij- 'ty or if such Municipality be a County, then to certify to the Clerk ( o!; Township or Incorporated Town or Village therein, the portion p.;'- - c by the same ; and it shall be the duty of such Clerk to assess the amount so certified equally upon all the taxable property in his Municipality, and to set down on the ordinary Collectors' Roll for the year, if it shall not have been previously delivered to the Collectors, the amount with which each party or lot is chargeable, under the head of *' Loan Rate for (naming the purposey or ** County Loan Rate for (^naming the purposey* as the case may be ; and if such amount shall be so certifit^d to any such Clerk after the time in any year when the Collectors' Rolls shall have been delivered to the Collectors, then such Clerk shall forthwith make out a special Collectors' Roll for the purpose in the form prescribed for ordinary Collectors' Rolls, so far as such form maybe applicable, and shall deliver the same to the Col- lector : Provided always, that if there be in the hands of the Treasurer at the t>re of his giving such notice as aforesaid to the Clerk of the Municipality, any monies applicable to the payment of the principal or interest of ihe Debentures to which such notice refers, then the Treasurer may deduct such sum from that to which the notice refers before adding the five per cent, thereto ; And provided also, that if the purpose for Proviso, which the loan is raised be such as to produce profit or to yield returns in money to the Municipality, or if the money bo loaned by it so as to produce interest, or if the capital be reimbur.«able to the Municipality, then it shall be lawful for the Treasurer and the Mayor, or Head of such Municipality to enter upon the Books of the Corporation, a Certificate Bigodd by them \n the form of the Schedule A, setting forth that there ought to be paid to the Municipality dnrinir the course of the year, such dividends or profits (describing ^hemi or such interest or sums of money {mentioning the amount) or both (as the case may be), and that Ihe said Treasurer and Mayor have reason to believe and do believe that the Bums which will, from the said sources, come into the hands of the Treasurer during the year, will amount to the sum of (naming it) and Proviso. If the mont7 borrowed be m invested as to produce returns. l..*"'- if.r ;f:; m hi '11 I 336 If any aurplus bo raiaed. If tliero l)e a Uofioiency. All jwonts from works, Stc, to go to the said Fund. I'roceediHg for levying money in caBe the Treasurer shall not have funds to wake his pay- ments to the Receiver Uenerai. iDtcrcsttohc cliargedto Muni- cipality in default. Monica to be uoltecied in the usual manner. Wrtrrautto th« Slieritt'io lew upon Municipal- ity in default more ttiau three UtOUtlM. CONSOLIDATED MUNICIPAL LOAN FUND, 1852. the Treasurei may then deduct tlie sum mentioned in such Certificate from that to which the notice refers, before adding the five per cent, aa aforesaid, or if the sum mentioned in the Certificate be as great or greater than that to which the notice would refer, thtni no notice shall at that time be given to the Clerk or Clerks of the Municipality or Municipal- ities concerned. 1. If the nett sum raised by any such rate as last aforesaid be greater than that required to enable the Treasurer to pay the Receiver General, the surplus shall remain in the hands of the Treasurer and be applicable to payments to be made to the Receiver General for the next ensuing year, on account of the same loan ; and if the nett sum raised be instil ncient to enable the Treasurer to pay the required sum to the Receiver General, then a new assessment shall be made as hereinafter provided in cases of deficiency. 2. AH sums of money coming to the Municipality as the said profits, dividends or returns from any work for which the loan shall have been authorized, or as interest or principal of any sum lent by the Municipal- ity out of such loan, or otherwise howsoever by reason of such loan, shall be paid into the hands of the Treasurer and by him carefully kept apart from all other monies, and paid over from time to time to the Receiver General, to be by him placed to the credit of the Municipality with the said Consolidateid Municipal Loan Fund, except in so far as it shall be otherwise especially provided in the By-law authorizing such loan. 3. If it shall happen that the sum which ought under this Act to be paid over at any time by the Treasurer of any Municipality to the Re- ceiver General, or any part of such sum, shall not be so paid over, and the Treasurer shall not have money in his hands applicable to the same, or if it shall happen that the Treasurer shall foresee that he will not have the means of paying over such sum or part thereof to the Receiver General, at the time when it ought to be so paid over, then in either case it shall be the duty of such Treasurer forthwith to add five per centum to the sum wanting far such purpose, and to ceitify the same to the Clerk of his Municipality, or if such Municipality be a County, then to certify to the Clerk of each Township or Incorporated Town or Village therein, the amount payable by the same, and it shall be the duly of each Clerk receiving such notice forthwith to make out a Special Col- lectors' Roll for the amount so certified to him, and to deliver the same to the Collectors. 4. If any sum payable as aforesaid at any time by any Treasurer to the Receiver General, be not so paid at such time, interest shall by the Receiver General be charged on such sum for the time it shall remain unpaid, against the Municipality in account with the said Consolidated Municipal Loan Fund, and deducted from the share of such Munici- pality in the Sinking Fund. 5. The sums entered in any Collectors' Roll by any Clerk of a Muni- cpality shall be collected and levied, and payment thereof secured and enforced in like manner and under the same provisions as other Muni- cipal taxes, but the nett proceeds thereof shall be applied by the Trea- surer solely to the purpose for which they are directed to be raised. Vn. And be it enacted. That if any sum of money which ought under this Act to be paid by the Treasurer of any Municipality to the Receiver General, shall remain unpaid during three monllis or upwards after it ought to have been so paid, then upon the certificate of the Re- ceiver General that such sum is so due and unpaid, and since what day it has been so, it shall be lawful for the Governor to issue his Warrant to the Sheriff of the County reciting the facts, and commonding him forthwith to levy such sum by rate, with interest from the said day aud , 1862. such Certificate five per cent, as 5 great or greater ice shall at that ty or Municipal- repaid be greater eceiver General, ,ndbe applicable he next ensuing I raised be insuf- 1 to the Receiver einafter provided s the said profits, 1 shall have been )y the Municipal- of such loan, shall refully kept apart le to the Receiver licipality with the ) far as it shall be ng such loan, der this Act to be cipality to the Re- I so paid over, and cable to the same, 3 that he will not eof to the Receiver then in either case d five per centum the same to the a County, then to 1 Town or Village all be the duty of out a Special Col- deliver the same y any Treasurer to terest shall by the me it shall remain said Consolidated e of such Munici- ,Clerkof aMuni- lereof secured and [)ns as other Muni- ilied by the Trea- Td to be raised, [ney which ought lunicipality to the jnonlhs or upwards Irtificate of the Re- Ind since what day Tissue his Warrant commending him I the said day aud Fiirilicrik'lit not lu ho eoiiirnctwl without sani-tion of (lOvcrnor iii . CONSOLIDATED MUNICIPAL LOAN FOND, 1852. 337 all costs, and to pay ovor the said sum and costs to the Receiver Ginie- ral, and the said Siierifi" shall obey the said Warrfiiit ami levy the sums therein mentioned in like inaiuier and within llio same delay as he would levy tiio same if it had been rocovored ayainst iIih Municipality under a judgment uf the proper Court of law, und Ji Writ of Ext'ciitioa had issued thereupon directed to him and cornmaiuliiig him to lnvy liie game by rate, and shall pay over the nett proceeils to tlio Receiver (n;n- eral ; and the costs allowed to the said ShorilF for o.\ecutin;jc the said Warrant shall be the same as those to which he would be entitled for executing a Writ of Execution for a like sum. VIII. And be it enacted, That after any Municipality shall have borrowed any money under this Act, it shall not be lawful for such Municipality to contract any further debt without the consent and approval of the Governor in Council, until all debts contracted by it Council. under this Act, shall be wholly paid off. IX. And be it enacted, That this Act and all the provisions thereof Operation of Act. shall extend and apply to any Loan authorized by any Hy-law of any Municipality, passed or to be passed before this Act shall come into force, for the purpose of aiding in the construction of any Rail-way for the making of which any Company is now incorporated, or shall be under any Act passed or to be passed during the present Session whether Buch assistance be given by taking .*»'tock in such Company or by loan- ing money to it, and also to any Loan authorized by any By-law of any Municipality, passed or to be passed before this Act comes into force, authorizing the raising of any Loan for the purpose of erecting, repairing or improving any County building oi buildings: Provided always, that 8uch Loan shall not have been negociated by the Municipality under Buch By-law. X. And be it enacted, That the word " Treasurer," in this Act, shall intcrprctatioo. include the Chamberlain of any City ; the word *' Mayor" shall include the Warden of any County, and the official title of any Officer shall include any person by whom his duties may be legally performed ; and that this Act shall apply only to Municipalities in Upper Canada. SCHEUUIiE A CERTIFICATE OP TREASURER OR MAYOR, OR HEAD OF A MUNICIPALITY. Municipality of the lownsUp of We certify to all whom it may concern, Thai out of the Loan, raised under the By-law, No. , intituled, ^' (Title of By-law,y' on the credit of the Consolidated Municipal Loan Fund, there has been invested the sum of in shares of the stock of the liytoivn and Prcscott Railroad Company, (or as the cuse may be) ; that this Muni- cipality now holds the said shares ; that there ought to be paid dividends thereon during the present year, and that we have reason to believe and do believe that there will be paid into the hands of the Treasurer, as and for such dividends, before the thirty-first day of December now next, the eum of which sum, we think, ought therefore, under the provisions of the Act passed, &lc..j (title and date of this Ad,) to be deducted from the sum which ought otherwise now to be raised on the taxable property in this Municipality in order to enable the Treasurer to meet the payments which- he is to make to the Receiver General during th? present year, on account of the said Loan. Witness our hands this day of 18 . W '»: ■i !i i ^i ;1. < . Signatures, A. B., Treasurer. C. D., Mayor. 338 Proamble> 1» and 14 Vic. c. Vi, cited. Powi^s of School Trusteeii cxtcud- eO. How Trugte«» plinll provide for School f'X- Vwnscs. l*roviso ; ai to niiiiiljer of chil- dron. Proviso : for Rc- SlauTatKl Visitors ttoolc, niid F/lucu- i.ion Perlodicnl. l^roviso ; Union of Hchool to Graaunirtichool. t'fOTliio: Trustees rej |ionsiiblB for laoaeyi forfeited. Application of moneys forfuit'.-d. Penalty on Trustees not for- w.-irdin;? their report. Ituw apptic I. AiSTcemcnta bc- f.wc(!n Trustees »iti'1 TeachiTH not vnlid in cert;iin COMMON SCHOOL AMENDING ACT, 1862. ACT 16 VIC, CAP. 23. An Ad to make certain provisions with regard to Common Schools in Upper Canada for a limited period. [10th November, 1852.] WHEREAS it is expedient to make some further provision for the improvement of Common Schools in Upper Canada, and to modify and extend some of the provisions of the Act thirteenth and fourteenth Victoria, chapter forty-eight, intituled. An Act for the better establishment and maintenance of Common Schools in Upper Canada ; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kin- li;;iiiionMof I^ocnl SupcriaiiHMteHi*. S40 How Eloctions for Scliool Triis- ti'CB ghiill tnkc place. FrovtaQ. FRwiu. Voien objected to ihnll make a doclacaUou. DMbiatlon. FfljRe declnration to be a inisde- iQoaiiOf. Provlelons 13 and 14 V. c. 4^. con- trary 10 tliis Act. rci)ealcd. Commencement of Act. Dtwationof Act. COMMON SCHOOL AMENDING ACT, 1862. rizod by law for the examination of Teachers,) to give any candidate a ceitilicato of qnaliticalion to teticli a ychool within tlie limits of the ohariiH of such .Superintendent, until the next ensuing: meetinjr (and no loiifrer) of the Conniy Board of Public Instruction of which such Local ^'npelintendont is a Member; but no such certificate of qualification shall bo given a second time, or shall be valid if given a second time, to the same person in the same County ; Provided, eighthly, tliat in the event of a Local Superintendent of Schools resigning his office, the Warden of the County or Uiuon of Counties within which such Super- intendent shall have held office, shall have authority, if he shall deen". it expedient, to appoint a fit and proper person to the office thus vacated until the next ensuing meeting of the Council of such County or Union of Counties. VL And be it enacted, That in any Village in Upper Canada, which shall become incorporated according to Law, an Election of a Board of School Trustees for such Village shall lake place as soon as convenient in the manner provided and authorized for incorporated Villages in the Iwenty-fifth section of ihe'said Act, thirteenth and fourteenth Victoria, ch-ipter forty-eight ; Provided always, that the time of the first Election of such Board of School Tru,)tees, shall be fixed by the Reeve of such Village, or in case of his neglecting to do so for one month, by any two Freeholders in such Villajre, on giving six days' notice in at least three public places in such Village ; Provided also, that all Elections of School Trustees that have taken place in Villages which have been incorporated since one thousand eight hundred and fifty, shall be and are hereby confirmed, and the acts of Boards of School Trustees so elected in such Villages are hereby made as valid as if such Boards had been elected for Villages incorporated before one thousand eight hun- dred and fifty, and in all ca.ies the Chairman shall be elected by the Trustees from their own body, and shall have a right to vote at all times, and also, a second or casting vole iu cases of an equality of votes. VIL And be it enacted. That in case of the right of any person to vote at an Elei-tion of a ITrustree or Trustees in any City, Town, or incorporated Village, be objected to, the Returning Officer presiding at such Election shall require the person whose right of voting is thug objected to, to make the following declaration : "I do declare and affirm that I have been rated on the assessment-roll of this City (Town or Village, as the case ma^ he) as a Freeholder (or householder, as the case may be) and that I have paid a tax in this ward, {or Village, as the case may be,) within the last twelve months, and that I am legally qualified to vote at this Election." And the person making such declaration shall be permitted to vote ; Provided always, that any person who shall, on the complaint of any person, be convicted of wilfully making a false declaration of his light to vote, shall be deemed guilty of misdemeanor, and punishable by fine and imprisonment in the manner provided for similar cases in the seventh section of the said Act, thirteenth and fourteenth Victoria, chapter forty-eight. VIIL And be it enacted. That such of the provisions of the Act thirleeiilh and fourteenth Victoria, chapter forty-eight, as are contrary to the provisions of this Act, shall be and are hereby repealed. TX. And be it enacted. That the provisions of this Act shall take effect from the passing thereof. X. And be it enacted, That this Act shall be and continue in force until the first day of April next, ai:d not after. TORBOLTON. 341 ACT 16 VIC, CAP. 36. lid continue in force An Act to legalize and continue The Municipal Corporation of tlie Town- 1 ship of TorboUon. [10th November, 1852.] WHEREAS there are within the County of Carleton conflicting opinions as to whether the Township of Torbolton, in the saiQ County, is or is not under the provisions of the Upper Canada Municipal Corporations Act of one thousand eight hundred and forty-nine, the Upper Canada Municipal Corporations Law Amendment Act of one thousand eight hundred and fifty, and the Upper Canada Municipal Corporations Law Amendment Act of one thousand eight hundred and fifty-one, a lawfully constituted Municipal Corporation by itself ; And whereas for divers reasons it is the unanimous wish of the Council of the said County, as set forth in the Petition from said Council to the Provincial Parlirimcnt in its present Session, that the said Township of Torbolton should be leiralized and continued and constituted beyond all doubt a Municipal Corporation by itself, enjoying the same rights and performing the same functions as the several other Municipal Corpora- tions of Townships within the said County ; And whereas it is expedi- ent and necessary for the safe government of the said County and of the said Township that all doubts on the above subject should be removed : Be it therefore enacted by the Queen's Most Excellent Majesty, by and With the advice and consent of the Legislative Council and of the Legis- lative Assembly of the -Province of Cana'da, constituted and assembled by virtue of and under ihe authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled. An Act to re- finite the Pi-nvincfs of Upper anU Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that the said Township of Torbolton is and shtill be and shall have been a Municipal Corporation by itself; and all Acts and Deeds hitherto done by the Municipality of the said Township in their char- acter as such, as also all Acts and Deeds hitherto done whether by the Municipality of the adjoining Township of March as a Municipality, or by the County Council of the County of Carleton arising from the assumption of Torbolton to Municipal Jurisdiction, shall be held to be as valid and effectual as the Acts and Deeds done by any other Muni- cipality within the same County, not otherwise unlawful ; Provided always, that this Act shall not be pleaded in any suit of Law or in Equity begun or pending before the passing of this Act. ■ ,-v^.'\.-v^ ■v-".-^. ■>.---«, \ ^.'V^•V-•^.A,•^,•^,■^,^^^^ ROMNEY AND EAST TILBURY. ACT IS VIC, CAP. 34. An Act to separate the TovtmsUp o} Romney from the Toumship of East Tilbury, am to erect the said Townships into independent Corporations. [10th November, 1852.] WHEREAS the union of the Townships of East Tilbury and Romney is most inconvenient for the inhabitants of Romney, the two Townships being separated by an extensive marsh, and no mutual Prcambli , Township tf Torbolton declD^ cd to be an I (o Imve lieen n Municipnl OOt- poration. ProviBO. PraonblK. :-;■' 342 Dnioii tflMolvol 01' nltur lit J%^. 18U, ', STAMFOUD. local interent existing between them : Be it llierefore enacted by tha Queen's Most Excellent MujeMy, by and with the advice and consent of iho Le;;islHtive Council ntid of the Legislative Assembly of the province of Canndo, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act tore-unite the Pro- vinces of Upper and Lower Canada, and for the Governmen t if Canada and it is hi-reby enacted by the authority of the same, That upon, from and after the first day of January, one thousand eiuht hundred and fifty, three, the union of the said TowMshins shall bo dissolved, and each of them shall be a separate Municipality by itself, notwithsinnding that either uf them may not then have one hundred resident freeholders and householders on the Collector's Koll ; and that all the provisions of law in that behalf shall apply to the said Townships, as if they had been separated in consequence of each of them having been found to contain one hundred resident freeholders and huuseholderd on the Collector'^ Roll. STAMFORD. ACT 16 VIC, CAP. 35. VraaubU. M Vto. e. St. Powers of Muni- eipalCorpoMtion of Stamford ez- lended fi» eeriain MttrpoM*. An Act to enlarge and extend the powers granted by the Act 12 }1ct., chap, 81, so as to enable the Municipal Council of the Tvwnship of Stamford, to make By-laws for the better government of that part of the said Town- thipf which lies in the immediate vicinity of the Falls of Niagara. [lOth November, 1852.] WHEREAS the rapid increase in the number of visitors at the FalU of Niagara, demands more stringent provisions than now by law exist in respect to licensingthe owners of hor.ses, carriages, and hackney coaches kept for hire, and of runners and other persons soliciting visitor4 U) resort to taverns or public places, or acting as guides to the objects of curiosity in the vicinity thereof, and for compelling the prompt payment of their lawful charges therefor, andsenerally for the better government of the said vicinity; And whereas there is reason to believe that th« Upper Canada Municipal Corporations Act of one thousand eight hun- dred and forty-nine does rol confer upon the Municipal Corporation within whose jurfsdiclion the said Falls of Niagara are situate, tliH requisite powers to make such rules and regulations as now are or may be from time to time required for the purposes aforesaid ; And whereas it is desirable that such powers should be possessed by the said Corpo- ration : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, con.slituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to rc-jini7e the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by ll)« authority of the same. That it shall be lawful for the Municipal Cor- poration of the Township of Stamford, and they are hereby aulhorizet and empowered, in addition to the powers which they now by law pos- sess, from time to lime to make, repeal, alter and enforce By-laws, rulefl and regulations, to take and have e^ect only within such limits withiu re enacted by ths dvice and consent Assembly of the Virtue of and under le United Kingdom rc'Unite the Pro- rnment '/ Canada, e, That upon, from ; hvindriid and fifty- lolved, and each of ^withstanding thai ent freeholders anil a provisions of law s if they had been len found io contain 1 on the Collcctor'ii 5. c Act 12 Vict., chap, )vmship of Stamfoid, art of the said Town- \ of Niagara, November, 1862.] visitors at the Falls >ns than now by law riages, and hackney ms soliciting visitors es to the objects of the prompt payment 3 better government to believe that thu lousand eight hun- nicipal Corporation ira are situate, thw as now are or may isaid ; And whereas by the said Corpo- Excellent Majestv, tive Council and of ida, constituted and in Act passed in thft 1 and Ireland, ami and Lower Canada, by enacted by lli« he Municipal Cor- l\ereby authorize*! jy now by law pos- "orce By-lavi's, rulefl such limits withiu I.lu-n»inKTav»rn Kuiiiicri. And GuklfSi A nd keeprrt of I very ftnblci, hurpe^ Stc, kept for hire. ROADS, REPAIR OF. lueh Township as they shall from lime to time prescribe, fur the several purposes following, thai is to say : 1. To prohibit any persoit or pe.'^ons from soliciting; passengers, visitors, or otheis to resort or go to any i...., lavern, oi boarding house, museum, or other place of resort, without having first obtained i'rorn the said Corporation a license therefor. 2. To piohibit all persons from acting as guides within such limits as aforesaid, unless a license therefor shall in like manner be taken out for that purpose. 3. To regulate and license the owners of livery stables, horses, cabs, hackney coaches, omnibuses, carts, and other carriages and vehicles used for hire within such limits as aforeyaiil, uud to compel in a sum- mary way the prompt payment of the lawful price or hire to the owner or driver of such horses, uabs, hackney ^uaches, omnibuses, carls and other carriages by the parties hiring or using the same, according to lUch lari.1 as may be established from time to time by the said Corpora- tion, and to prevent runners, stage drivers and others, in the streets or public places, from soliciting and teasing passengers and others to go or travel in any boat, vessel, stage, carriage or other vehicle; also to require all persons licensed by the said Corporation to exhibit, when called upon, a certified copy of the taii/Tof charges for their remunera- tion prescribed by the said Corporation. 4. Generally to make, alter and repeal all such other rules, regula- tions and by-laws for the welfare and good government of the said Municipality, within the limits so to be prescribed as aforesaid, as the »aid ("orporalinn shall from time to time deem expedient ; such by-laws not being repugnant to the laws of the said Province. 5. To grant all such licenses and to make all such by-laws and regu- lations as may be necessary and proper for carrying into execution the powers herein vested or hereafter to be vested in the corporation of the said Township : Provided always, that no person shall be subject to be fined more than Five Pounds, exclusive of costs, or to be imprisoned more than twenty days, for the breach of any By-law or regulation of the said Corporation made in pursuance of this Act. II. And be it enacted. That the moneys to bo raised from the grant- ing of the said licenses shall be expended under the direction of the said Municipal Corporation within the limits .«o to be prescribed as aforesaid, in repairing the roads and making such other improvements as the said Municipal Council may consider advisable. ROADS, REPAIR OF ACT 16 VIC, CAP 4. An Act to confer certain powers on Municipal Corporations and Companies to take Materials to repair Roads. [7th October, 1852.] WHEREAS it is expedient and necessary to grant certain powers Preaa-llc to Municipal Corporations and Companie:', who have already Bobnired, or may have hereafl»^r acquire, any of the Macadamized or Plank Roads formerly held by the Crown in Upper Canada: Be it there- fore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative 343 i ProvUo How licerwe inonuyK to b« ex- pt'nclcil >' PrcvenitriR.ftr , inHteiigeri froiti >i-in|{ tio|ionuiiul Ml H'' \^^ MakliiK Ry-biw* gciicrolly. tiranUng lictBWi if ; it i:''a I- i In 344 (\jrporniionior roni|iniii(ii(UH),(liv!8lon uf Picton into OonArmatlon of arte (lone by tlie Cofporation. W AEDS, PICTON. ACT 16 VICT., CAP. 2 1. An Act to supply an omission in Schedule B to the Upper Canada Munich \ pal Corporations Law Amendment Act of 1850. ' ' . [10th November, 1852.] WHEREAS in the Upper Canada Municiptil Corporations Law Amendment Act of 1850, an error was accidentally committed in leaving out ol Schedule B the division of the Town of Picton into Ward« Therefore, be it enacted by tho Queen's Most Excellent Mijesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of ('anada, constituted ami assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the au- thority of the same, That Schedule B, annexed to the Act first above cited, be amended, by inserting, immediately after the description of the boundaries of the Town of Picton, the following words : '* The said Town to be divided into three Wards to be called respec- tively, Ilallowell Ward, Brock Ward and Tecumseth Ward, and ID comprise respectively the following portions of the said Town, that ie to say : ** The said Hallowell Ward to comprise all that part of the Towo which lies west of Bowery Street. " The said Brock Ward to comprise all that part of the Town whict lies east of Bowery Street and north of the Bay. *' And the said Tecumseth Ward to comprise all that part of the Tovm which lies on the south side of the Bay." II. And be it enacted, That notwithstanding the omission in the saiJ Act of the description of the division of the spid Town of Picton into Wards, every act and thing done by the Mayor and Town Council of the said Town shall be as valid as if the above mentioned deecriptioB of tho division of the said Town into Wards had been inserted in th« Mid Schedule B at the time when the said Act was passed, and tha said Act shall be construed and have effect to all intents and purptww as if the said description had been so inserted as aforesaid. d axsembled by ihe Parliament of intituled, An Act \dfor the Govern- rity of the same, re alren«ly acquir- l or Plank Roads I have the aame f and all of 8uch ir the construction Majesty's Reign, ock Companies for 'flnof/fl, chaptered ny person or pnrty ce of the powers jarties concerned, le Act aforesaid. N. 1. >cr Canada Munich 1850. ovember, 1852.] Corporations Law itally committed in f Picton into Wartlrt }llent Miijesty, by Council and of the , constituted and Act passed in the and Ireland, and and Lower Canada^ nacfed by the au-l Lct fust above cited,! description of thai Is: I a be called respeo-j leth Ward, and tt) said Town, that ie part of the Towd of the Town whicbj latpartof theTovmj mission in the saiJ wn of Picton inlq Town Council ofl itioned descriptiosl en inserted in th«j LS passed, and tl ents and purpi Vesaid. COUNTY OF PERTH, SEPARATION. ACT 16 VIC, CAP. 31. .345 ^k/V^V^*/^ z" -^/* ^.^^1^^^*^* V An Ad lo authorize Ihe Governor General lo issue a Proclamalion to declare the Count]! of Prrth lo tie stjiaratnl from the United Counties of Huron, Perth and Jtrme, and fur other purposes therein mentiomd. [lOlh November, 1852.] Will'.RKASllio Townreeves of the County of Perth, one of the Unitinl C'oiiiitifs of Huron, Porth ami Bruce, liav.^ been duly constituted a Piovifsinnal Municipal Council for the said Couniy of I'orth, in pursuance of the Piovisions ol the tenth section of an Act of the Par- liament of the Province of Canada, passed in the twelfth year of Her Majesty's Rei;j(ti, inlituleil, An Act for abolishing the Territorial Division of upper Canada into Districjs, and for providing for temporary Unions of Counties for judicial and other furp(jS(s, and for the future dissolutions of such Unions as the increase of wic'llh and population may rcquir ; And whereas the said Provir^ional Munici[)al Council has notcomplii:d with the terms of the lifleenth section of the said recited Act in time lo enable a Proclamation to be issued luider the provisions of the eigh leenth section of the said recited Act, for disuniting the said Conn;;' of Perth, so as such disunion should take effect on the first day of January next ; And whereas there is just reason for believing that such Provi- sional Municipal Council will make it appear to the satisfaction of the Governor of this Province in Council, prior to thesaid first day of January next, that the terms of the fifteenth section of the said recited Act have been complied with ; And whereas it is expedient to enable the Governor of this Province in Council thereupon to issue a Proclamation under the Great Seal of the Province, declaring the said County of Perth to be disunited from the said United Counties of Huron, Perth and Bruce ; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Le- gislative Assembly of the Province of Canada, constituted and assembled By virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Govern- ment of Canada, and it is hereby enacted by the authority of the same, That so soon as the said Provisional Municipal Council of the said County of Perth shall make it appear to the satisfaction of the Governor of this Province in Council, tliat sueh property has been purchased "; procured and such Court House and Gaol is erected, and the proper' -oi! cf the debt, if any, to be assumed by the said County of Perth, si,all have been adjusted or settled as provided by the fifteenth section of the said recited Act, and so soon as such appointments as are mentioned in the seventeenth section of the said recited Act shall have be»;'i made, it shall and may be lawful for the Governor of this Province in Council, by Proclamation under the Great Seal of the Province, at any time on or before the thirty-first day of December next after the passing of this Act, to declare the said County of Perth to be disunited from the said united Counties of Huron, Perth and Bruce, upon, from and after the first day of January next after the passing of this Act, and the said County of Perth shall thereupon, and upon, from and after the said first day of January next after the passing of this Act, be, for all judicial and municipal purposes, disunited from the said union of the Counties of Huron, Perth and Bruce, and the union of the said Counties of Uuron, Perth and Bruce, for such purposes, shall thereupon, and upon, from I and after the said first day of January next, after the passing of this A. 1 Premnbli'. 13 V. c. :?. Recital. Tlie Govprnor may, on liriiig satisticil thiit ccrtoin Uuiikh liave been (lonf, issue n proclnm.i- tion disuniting the County ot Venh from tlie union of vvliirh it now forms ptirt. m nl Ml. m Hi 1 'I'l The Governor may fix tha iKNiiidarioH of the ToMriiai)i|> of Briglttou. The Governor may divide St. Patrick's Ward in the Citv of Toronto into two WaitlB. 346 BRIGHTON, TORONTO WARDS, &C. Aot, be absolutely dissolved to the like extent, and as effectually as if a Proclamation had been issued in pursuance of the provisions of the eighteenth section of the said recited Act, fordisunitin vince, by an Order in Council, to issue a Proclamation under the Great Seal of this Province, dividing the said Ward into two Wards, and de- claring by what names such Wards shall thencefortli be known and called, and from and after the first day of January next after theteste of such Proclamation, the said Wards so to be named and described in such Proclamation, shall be considered as separate Wards of the said City, in the same manner as if they had been originally mentioned and described as such separate Wards in the Upper Canada Municipal Corporations Act of one thousand eight hundred and forty-nine, and Elections shall be held in and for the said Wards on the first Monday in January next after the teste of such Proclamation, in the same man- ner as for any other Wards in the said City, and the persons whose names shall be entered on the Collector's Roll for St. Patrick's Ward for the year one thousand eight hundred and fifty-two, residing within each of such Wards respectively, at the time of holding the Elections therefor, and otherwise by law qualified to vote at Municipal Elections, •hall be allowed to vote at the E ection to be held in such Wards res- pectively, on the said first Monday in January. TORONTO LOAN. ACT 16 VIC, CAP. 5. An Act to authorise the City of Toronto to negociate a Loan of One Hundred Thmsand Pounds to consolidate apart of the City Debt. [7 th October, 1852.] PrMmMek ■WTTTHEREAS the City of Toronto have petitioned to be authorized by ▼ f law to borrow on the debentures of the said City, a sum not exceeding One Hundred Thousand Pounds, for certain purposes and under certain restrictions in the said petition set forth, and it is expedierlt that tl;e prayer of their said petition should be granted : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative I d forty-nine, and TORONTO LOAN, 1852. Assembly of ihe Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great and Ireland, and intituled, An Ad tore-unite the Provinces of Upper and Lower Canada, and for the Oovemmcnt of CanadUf and it is hereby enacted by the authority of the same, That it shall and may be lawful to and for the City of Toronto, to raise by way of Loan, upon the credit of the debentures hereinafter mentioned, from any person or persons, body or bodies corporate, either in this Province, in Great Britain or elsewhere, who maybe willing to lend the same, a sum of money not exceeding the sum of one hundred thousand pounds of lawful money of Canada. II. And J it enacted, That it shall and may be lawful for the Mayo^ of the said Oily of Toronto, for the time being, to cause to be issued debentures of the said City of Toronto, under the Corporation Seal of the said City signed by the Mayor and counter-signed by the Chamberlain of the said <^ity for the time being, in such sums not exceedins in the whole the Suid sum of one hundrecl thousand pounds, as the Common Council shall direct and appoint, and that the principal sum secured by the said debentures and the interest accruing thereon, shall be made payable either in this Province, in Great Britain or elsewhere, as the said Common Council shall deem expedient or necessary. III. And be it enacted. That the sum of fifty thousand pounds, pait of the said Loan so lo be raised as aforesaid, shall be applied by the said City of Toronto in the payment of the promissory notes of the said City now current in this Province, and in the redemption of such of the debentures of the said City of Toronto as were issued prior to the pas- sing of the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to provide hij one generd Law for the erection of Muni- cipal Corporations and the establishment of Regidations of Police, in and Jbr the several Counties, Citiss, Towns, Townships and Villages in Upper Canada^ and may fall due within the ten years next after the passing of this Act. IV. And be it enacted, That the Funds derived from the negociation of the said debentures so to be appropriated as aforesaid, shall, when received, be deposited by the Chamberlain of the said City for the time being, in the Bank of Upper Canada, at Toronto, and only be withdrawn therefrom as they may from time to time be required for the payment and redemption of the said promissory notes and debentures in the next preceding section of this Act mentioned. V. And be it enacted. That the sura of fifty thousand pounds, the remainder of the said Loan so to be raised as aforesaid, shall be applied in payment of ten thousand shares of the capital stock of " The Ontario, Simcoe and Huron Railroad Union Company," lately purchased by the said City of Toronto, under resolution of the Common Council, passed on the twenty-ninth day of July, one thousand eight hundred and fifty-two, in manner herein provided^ and it shall be the duty of the Chamberlain of the said City for the time being, (and he is hereby authorized and empowered so to do,) forthwith, with the consent of the holders thereof, ;lo call in such debentii-es of the said Ciiy of Toionto as may have heretofore been issued under any By-law of the Common Council of the said City, and taken in payment of such stock, and to substitute therefor so much of the funds received on account of the de- bentures to be issued under this Act as may be necessary for that purpose. VI. And be it enacted. That for and notwithstanding any provision, clause, matter or thing contained in any Act of Parliament of this Province to the contrary, it shall and may be lawful for the Common Council of the said City of Toronto, after having called in the debentures 347 The City of Toronto may borrow XIOJ.OOO. Debentures may lie iaaued. £50.000 to be applied to die redemption of certain notei, tie, of tlie ■aid City. The said jCSOiOOU sliaA be deposited in Banit of Upper Canada, ana applied solely to tlie said pur[X>iei. JESO.OOO to be applied to Uie pnyinent of Stock taken in a certain BaUfoad. ■'J n -'•I A certain Ry-Iaw of the Common rouiicil of Toronto may be reiiealed. Ml' 348 A Hpeeinl nte to form n Sinking Fund may be imposuil l)jr Bjr-law. How turns mispd hy such rAte Bhnll ha invested, a id the dividends or interest iliereon applied. By-lftw to be pnisei under 8. 0, not to fie repealed until del)t created by this Act be psiil. t-'(!c. 178 of 18 V. c, SI, shall extend to any By-law passed Wider this Ast. KINGSTON CONSOLIDATION LOAN, 1862. described in the next preceding section, to repeal the By-lavr of th» said Council, passed on the twenty-eight day of June, one thousand eight hundred and fifty-two, authorizing the levy of a special rate for the purpose of paying and satisfying certain debentures issued or to be issued in aid of the said Ontario, Simcoe and Huron Union Railroad, or payment of the said stock, and that for the payment, satisfaction and discharge of the debentures to be issued by virtue of this Act, it shall and may be lawful for the Common Council of the said Cily of Toronto, in a By-law to be passed authorizing the said Loan of One Hundred Thousand Pounds, and the issuing of the debentures therefor, to Impose a special rate per annum over and above, and in addition to all other rates to be levied in each year, which shall be sufficient to form afSink- ing Fund of two per cent, per annum for that purpose. VII. And be it enacted, That it shall be the duty of the Chamberlaia of the said City of Toronto, from time to time to invest all suras of money raised by special rate for the Sinking Fund, provided in the preceding section, either in the debentures provided by this Act, or in any debentures issued by the Government of Canada, or in such other securities as the Governor of this Povince shall, by order in Council, direct or appoint, and apply all such dividends or interest on the said Sinking Fund to the extinction of the debt created by this Act. VIII. And be it enacted, That any By-law to be passed under the sixth section of this Act shall not be repealed until the debt created by this Act and interest thereon shall be paid and satisfied, and that the one hundred and seventy-eighth section of the Municipal Corporation* Act of Upper Canada shall extend to any By-law passed under this Act, KINGSTON CONSOLIDATION LOAN. ACT 16 VIC, CAP. 32. FreuBble. An Act to authorize the Cily of Kingston to negotiate a Loan of Seventy- five Thousand Pounds to consolidate the Cily Debt, and for other City of Kingston nutliorizcd to borrow £73,000 OH Debeaiurea. purposes. [10th November, 1852.] WHEREAS the City of Kingston have petitioned to be authorized by law to borrow on the Debentures of the said City, a sum not exceeding seventy-five thousand pounds, for certain purposes and under certain restrictions in ihe said petition set forth, and it is expedient that tha prayer of their «aid petition should be granted: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unitt the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That it shall and may be lawful to and for the Corpoiation of the City of Kings- ton, to raise by way of Loan upon the credit of the debentures herein- after mentioned, from any person or persons, body or bodies corporate, either in this Province, in Great Britain or elsewhere, who may be willing to lend the same, a sum of money not exceeding the sum of flerenty-five thousand pounds of lawful money of Canada. y-la\T of th» one thousand pecial rate for ssued or to be n Railroad, or tisfaction and i Act, it shall ily of Toronto, One Hundred or, to impose a n to all other form abink- e Chamberlain it all sums of ovided in the this Act, or in r in such other er in Council, est on the said lis Act. ised under the debt created by , and that the pal Corporations 1 under this Act, LOAN. 349 Form of Debenturcit. MJi of Seventy- and for othef smber, 1852.] be authorized ^ily, a sum not fposes and under spedient that the herefore enacted ihe advice and Ive Assembly of ly virtue of and of the United , Act to re-unit$ Governrnent of sama, That it J City of King»- Eentures herein- klies corporate, [, who may be Ins: the sum of la. Part orthr t liOriii iijiiiro priiilcil to cc piirpoivk. rt»u» Coimm'roi:il Bank uiiiil required. KINGSTON CONSOLIDATION LOAN, 1852. II. And be it enacted, That it shall and maybe lawful for the Mayor of the said City of Kingston for the time being, to cause to be issued debentures of the said City, under the Corporation Seal, signed by the Mayor and counter-signed by the Chamberlain of the said City for the lime being, in such sums, not exceeding in the whole the said sum of seventy-five thousand pounds, as the Common Council shall direct and appoint, and that the principal sum secured by the said debentures and the interest accruing thereon, shall be made payable either in this Province, in Great Britain or elsewhere, as the said Common Conncil shall deem expedient or necessary. III. And be it enacted, that so much of the said Loan so to be raised •8 aforesaid, as shall be necessary for the purpose, shall be applied by the said City of Kingston, in the payment of the debt due or to be be- come due on account of the English Loan of twenty thousand pounds sterling; the debt due to the Commercial Bank of the Midland District, amounting to fourteen thousand pounds, currency, or thereabouts, and all such promissory notes, debentures and other debts as are now due and payable, including the sum of two thousand five hundred pounds hereinafter mentioned, and the remainder of the said loan, after paying off all the debts due by the said City, shall be applied in aid of any Rail-ways and macadamized Roads now or hereafter to be constructed, and leading to or from the City of Kingston, and for no other purpose whatever. IV. And be enacted, That the funds derived from the negotiation of Motif y r.niscrl to of the said debeninres so to be appropriated as aforesaid, shall, when bedeimsiuvi iu received, be deposited by the Chamberlain of the said City for the time being, in the Commercial Bank of the Midland District at Kingston, on such conditions as the said Common Council shall from time to time agree upon, and only be whhdrawn therefrom as they may from time to time be required for the payment and redemption of the said promis- sory notes, debentures and debts in the next preceding section of this Act mentioned. V. And be it enacted, That the sum of two thousand five hundred pounds of the said Loan so to be raised as aforesaid, shall be specially applied in payment of one hundred shares in the capital stock of " The Wolfe Island Rail-way and Canal Company," for which debentures have been given under authority of a By-law of the Common Council of the said City, made in that behalf. VI. And be it enacted, That for and not withstanding any provision, clause, matter or thing contained in any Act of Parliament of this Pro- vince to the contrary, it shall and may be lawful for the Common Coun- cil of the said City of Kingston, after having called in the debentures described in the next preceding section, to repeal the By-law of the •aid Council authorizing the same and declaring the levy of a special rate for the payment thereof, aud also lo repeal a certain other By-law of the said Common Council, if they shall see iit so to do, providing for the issue of debentures to the amount of one thousand pounds, for the improvement of *' Division " and other streets, and levying a rate for the said one thousand pounds ; and for the payment, satisfaction and discharge of the debentures issued by virtue of this Act, it shall and may be lawful for the Common Council of the said City, in a By-law to be passed authorizing the said Loan of seventy-live thousand pounds, or any part thereof, and the issuing of the debentures therefor, to impose a ■pecial rate perannumtobe called, "The Consolidated Loan Rate," over and above, and in addition to all other rates to be levied in each year, which shall be sufficient to form a Sinking Fund of two per cent per annum for that purpose. i:2,500 to he applied to psiy for certain Kail- road Sljurps. Council em- powered to repeal a ccrtaia Bjr-law. i Iflj And to impona a special rate to form a ijinkiug Fund. 350 Sinking Fund how to be in- vested and managed. . By-law au- thorizing; the Loan not to be repealed until the loan be paid off HAMILTON, GORE OF. VII. And be it enacted, That it shall be the duty of the Chamberlain of the said City of Kingston, from time to time, to invest all sums of money raised by special rate for the Sinking Fund provided in the next preceding section, either in the debentuies to be issued under this Act, or in any debentures issued by the Jovernment of Canada, or in such other securites as the Governor of this Province shall, by order in Coun- cil, direct or appoint, and to apply all such dividends or interest on the said Sinking Fund to the extinction of the debt created under this Act. VIII. And be it enacted, That any By-law to be (lassed under the sixth section of this Act, authorizing the said loan of seventy-five thou- sand pounds, or any part thereof, shall not be repealed until! the debt created under this Act and the interest thereon shall be paid and satis- fied, and that the one hundred and seventy-eighth section of the Muni- cipal Corporations Act of Upper Canada shall extend to any By-law passed under this Act. HAMILTON, GORE OF. ACT 16 VIC, CAP. 33. Preamble. Corporation of Hamilton may tDcloae the Gore. rroviio : n • to any right of R.J. Hamilton An Act to vest in the Corporation of the City of Hamilton, the " Gore^ of King Street, for puUic purposes. [lOlh November, 1852.] WHEREAS in the original survey of the City of Hamilton, a vacant space of triangular form and known as *Hhe Gore"of Kin<> Street, was left for the purpose ol a Public Square : And whereas the Mayor, Aldermen, and Commonalty of the City of Hamilton, have, by tneir Petition, prayed that authority may be given them to erect public build- ings on the said land, or otherwise enclose, ornament, or dispose of the same as to them m their discretion may S!-em meet: And whereas it is expedient to grant the prayer of the said petition r Be it therefore enact- ed by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of li'e Lesrislative Assembly of the Province of Canada, constitntetl and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the anthorily of the same, That it shall and may be lawful for the Mayor, Aldermen and Commonalty of the City of Hamilton, and their successors, and they are hereby empow- ered to erect and build upon the said piece of land (which is bounded on the West by James Street, and on the East by Catherine Street,) such public building or buildings as they may think necessary, or to enclose the same for the purposes of a Public Square, and to ornament and improve it for such purposes, or otherwise to use and dispose of the said tract of land as the said Mayor, Aldermen, and Commonalty of the City of Hamilton may in their discretion think most advisable: Provi- ded always, that nothing in this Act contained, shall in any manner affect or prejudice any claim which Robert J. Hamilton, eldest son and heir at law of the late George Hamilton, shall or may have in law or equity to the piece or parcel of Land above described ; and in the event of the said Robert J. Hamilton advancing any claim for compensation in consequence of this Act (ir anything to be done thereunder, the amount thereof shall be fixed and determined by arbitrators to be chosen, one by the said Corporation, another by the said Robert J. Hamilton, and a 351 B Chamberlain St all sums of led in the next under ihis Act, ula, or in such order in Coun- interest on the nder this Act. sed .inder the enty-five thou- Dntill the debt paid and satis- n of the Muni- any By-law the "Gore;* of smber, 1852.] mihon,a vacant 'of Kiny Street, eas the Mayor, have, by their >cl public bnild- r dispose of the id whereas it is therefore enact- 1 the advice and ve Assembly of y virtue of and t of the United I Act to re- unite Government of e same, That it Commonalty of ! hereby empow- ich is bounded itherine Street,) necessary, or to and to ornament dispose of the mmonalty of the dvisable: Provi- in any manner ], eldest son and y have in law or and in the event 'or compensation nder, the amount be chosen, one Hamilton, and a Punhcr rroTtw. Pier.inble. BUREAU OP AGRICULTURE. third to be named by i hem, the said arbitrators, before entering into the said reference, and their award or the award of any two of them shall be final : Provided also, that nothing in this Act contained, shall be con- strued as an admission of any claim or right in the said Robert J. Ham- ilton in the said tract of land. BUREAU OF AGRICULTURE. ACT 16 VIC, CAP. 11. An Act to provide for the establishment of a Bureau of Agriculture, and to amend and consolidate the Laws relating to Agriculture. [10th November, 1852.] WHEREAS the improvement of Agriculture is an object of great importance to the people of this Province, and whereas the erec- tion of Central Boards and theoigani/ation of Local Societies have been found eminently useful in promoting such improvement, but in the absence of a suitable provisiuti for the collection and dissemination in an authentic form of facts snd statistics relating to Agricuhure, the full benefit of these Associations is not attained, and it is therefore expedi- ent to provide for the establishment of a Bureau of Agriculture in con- nection with one of the Public Departments; and it is also expedient to amend and consolidate the laws now in force relating to Agriculture : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of ihe Legislative Council and of the Legis- lative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament ot the United Kingdom of Great Britain and Ireland, and intituled An Act to J e-unite the. Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacteil by the authority of the same. That from and after the passing of this Act, the Act passed in the Session held in the tenth and eleventh years of Her Majesty's Reign, and intituled, An Act to incorporate The Lower Canada Agricidtural Society, and the Act passed in the same Session, and intituled, An Act for the incorporation of Tlie Agricultural Association of Upper Canada, and the Act passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign, and intituled, An Act to establish a Board of Agriculture in Upper Canada, and the Act passed in the Session held in the lourteenth and fifteenth yeais of Her Majesty's Reign, and intit- uled, An Act to provide for the belter organization oj Agrictiltural Societies in Upper Canada, shall be, and the same are hereby repealed, but all Agricultural Societies, Associations and Boards of Agriculture incor- porated or otherwise, which have been lawfully organized or established under the said Acts, or any, or either of ihem, shall continue as if the said Acts were still in force, except in so faras such Societies, Associa- tions or Boards may bp altered or affected by this Act. BUREAU OF AGRICULTURE. IL It shall be lawful for the Governor in Council to establish and organize a Bureau of Agriculture, which shall be attached to one of the Public Departments, and the Head of such Department shall be charged with the direction of the said Bureau, and shall in respect thereof be known as the Minister of Agriculture. III. The sail! Minister shall be ex officio Member of all Boards of siicti Minwtcr Agriculture which now are or hereafter may be established in this Pro- bIuiii be tx-ffffich m Cerlnin Act repealed. lu & 11 Vkt c. 00 at 01. 13&14 Vict. C.73. H & 13 Vict, c. 137. m Governor uiaj' pst.iWisti a lUir"nu and Minister of Agriciiliun. 362 I'rptidnnt of nil llonrdd ol' A^riciilliirc. Anil koi'p tlic rpcorild lit' ValPtiis for lurniiiloiis. Aii't lu' (Imir- man of lioard oC Kt't;isira- tlOll, &(". He Blmll collect KUiiittii's relnling to Agrioiiluire. All Koar is of A<(ricuUiir<'. Sec, to aimwcr olficial I'oriiiiiuiiii'.ations friKii llie Bureau. BoardRof Agri- I'-ilturi' coiiHti- tuteil for L. C. f3 4; U V. c. 73. BOARDS OF AGRICULTURE. vince. It shall and may be lawful for the Members of tho Board of Acriculture to elect from among themselves a President and Vice-Pre- sident at their first meeting and every annual meeting thereafter. IV. The said Minister shall also receive all applications, drawinpis, descriptions, specifioations, and models for or relating to Patents for Inventions in this Province, and shall keep the records tliereof; and all Acts now in force relating to Patents for Inveiilions and which direct anythingto be done by or through the Provincial Secretary, sliall beheld to have directed the same to be done by or through the said Minister. V. The said Minister shall also be a Member of the Board of Regis- tration and Statistics, in the place of the Inspector (leneral and shall be the Chairman thereof, and shall under the general direction of the said Board, have charge of the Census and other Statistical Returns. VI. It shall bo the duty of the said Minister to institute inquiries and collect useful facts and statistics relating to the Agricultural interests of the Province, and to adopt measures for disisemiuatiug or publishing the same in such manner and form as he may find best adapted to promote improvement within the Province, and to encourage immigration from other Countries; and he shall annually prepare and submit to Parlia- ment within ten days after the opening of each Session thereof a detailed and succinct Report of his proceedings. VII. All Boards of Agriculture, Agricultural Societies, Associations, Municipal Councils, Mechanics' Institutes, Public Instilnfions, and Public Officers in this Province, shall promptly answer official com- munications from the said Bureau of Agriculture, and shall make dili- gent eiforts to supply correct information on all questions submitted to them respectively ; and any Officer of any such Board, Society, Asso- ciation, Council, or other Public Institution who shall refuse, or wilfully neglect to answer any question, or to furnish any information relating to the Agricultural interests, or the Statistics of this Province, whenever required so to do, either by the said Minister, or by any person duly authorized by such Minister in that behalf shall for every such offence incur a penalty of ten pounds currency, which penalty shall be recover- able by any person suing for the same before any Court of competent jurisdiction and shall be paid to Her Majesty. BOARDS OF AGRICULTURE. VIII. Whereas a Board of Agriculture has been established in Upper Canada under the authority of an Act of the Legislature of this Pro- vince, intituled. An Act to establish a Board of Agriculture in Upper Canada, and it is expedient to provide for the establishment of a similar Board in Lovyer Canada, and to simplify and reduce into one Act all provisions for the future operation and management of the said Boards respectively — Be it enacte'l. That it shall be lawful for the Governor in Council to constitute and appoint a Board of Agriculture for Lower Canada, to be composed of eight Members, exclusive of the ex officio members thereof; and it shall be the duty of the Lower Canada Agri- cultural Society established under and by virtue of the Act tenth and eleventh Victoria, chapter sixty hereby repealed, to take immediate steps to wind up its affairs, and so soon as the said Board shall be con- stituted, all the property moveable and immoveable which may remain and belong to the said Society after payment of its just debts, shall be transfered to and be(!ome the property of the said Board, and all actions or suits now pending or which may be brought by or a.g-aicst the said Society before the said Board shall be constituted, shall pro- ceed to termination as if the said Act tenth and eleventh Victoria had not been repealed. of Iho Board of It and Vice-Pre- [lereafter. lions, (Irtiwinjjs, ? to Patents for thereof; and all id which direct iry,sliall behold said Minister. Board of Regis- uieral and shall direction of the ical Keturns. nte inquiries and tural interests of [)r publishing the apted to promote nmijrration from abmit to Parlia- hereof a detailed es, Associations, Institutions, and 'er official cor lo noiiiiiinte Mem- l.uri of Uo.irdt ol Ajjiiculiuitt. BOARDS OP AGRICULTURE. 363 IX. The Presidents, for the time being, of the Agricultural Assocla- I lions hereinafter mentioned, and all Professors of Agriculture in char- Jtered Colleges, Universities and other public educational institutions, shall respectively be Members ex officio of the Board for that section of [the Province in which they reside. X. Four Members of each Board shall annually retire and cease to [be members thereof, unless re-elected ; and the names of the first four Members, who shall so retire, shall on or before the First day of Octo- ber, in the year of our Lord one thousand eight hundred and fifty-three, be asceitained by lot in such manner as the said Boards may respec- tively determine, and the names of the retiring Members shall forthwith be published in the Agricultural Journals of the section of the Province in which they reside. XL The remaining Members (except ex officio Members who shall be exempt from the operation oi this and the previous section) shall vacate their seals at the expiration of a year from the retirement of the said first four Members, and so on in rotation, f'ch seat being vacated every alternate year, but retiring Members m^vy continue to exercise all their functions until their successors have been duly elected as here- inafter provided. XII. The County Agricultural Societies in Upper and Lower Canada respectively, shall, at their annual Meetings in February, in the year of Our Lord, one thousand eight hundred and fifty-four, and at each annual Meeting thereafter, nominate four fit and proper persons to be Members of the said Boards of Agriculture respectively, and shall forthwidi transmit the names of the persons so nominated to the Bureau of AgriculUire, and the four persons who shnll have been nominated by the greatest iiumbar of Societies shall be Members of the said Boards re8pectively,in the place of the Members vacating their seats as aforesaid. Vacancies which may at any time happen through death, resignation or otherwise, may be filled up by the Governor in Council. XIIL Li case of an equality of votes for one or more of the persons ■0 nominated, the Minister of Agriculture shall decide which shall be the Member, and he shall cause the persons so nominated, and the Boards to which they are nominated respectively, to be immediately notified of the result. XIV. It shall not be lawful for either of the said Boards to pay or allow any sum to a Member thereof, for acting as such Member, except the amount of his actual necessary expenses in attending the regular meetings of the Board, but each of the said Boards may appoint a Secretary from among themselves or otherwise, and may pay him a reasonable salary for his services. XV. The regular Meetings of the said Boards shall be held pursuant to adjournment, or be called by the Secretary at the instance of thf President or Vice-President, or upon the written request of any three Members, and at least five days' notice of such Meeting shall he given to each Member, and it shall be lawful for the Board, in the absence of the President and Vice-President, to appoint a Chairman pro tempore, and five Members shall be a quorum. XVI. It shall be the duty of the said Boards to rsceive the Reports riuiies of of Agricultural Societies, and before granting the certificates hereinafter Boardi. mentioned, lo see that they have complied with the law ; to take mea- sures, with the approbation of the Minister of Agriculture, to procure and set in operation a model, illustrative or experimental farm or farms in their respective sections of the Province, and in connection with any 1^ 5 .'ii-^ 'if- '1 Miniitcr te '■ j dt'ciiie in case of equality of voici. 1 IMcrabers of ■''1 • lic.inJs to rccciTS ■ It only their «z- y Iiuimca. ; ^ T!i.;i!:na cf Ttrjn- i l.ir .Mi.'rviii^*. I 354 They ahnll transmit to the Uureau copies of their By- taws, Ilc. And shall be Bodies Corporate. ReeiUI. Agricultural Associations constituted. Directors of A!;ricultiiral Associations. Annuni Fairs or (^xiiibitions to be iicld. AGRICULTURAL ASSOCIATIONS. public school, college or university, or othorwise, and to manAg^e and conduct the same; lo collect and establish, at Toronto and Montreal respectively, an Agricultural Museum and an Agricultural and Horti- cultural Library ; to take measures to obtain from other countries animals of new or improved breeds; new varieties of grain, seedH, vegetable!* or other agricultural productions; new or improved implements of hus- bandry or new machines which may appear adapted to facilitate agricultural operations ; and to test the quality, value and usefulness of such animals, grain, seeds, vegetables or other productions, implements or machines, and generally to adopt every means in their power to g remote improvement in the agriculture of this Province ; and the said oards shall keep a Record of their respective transactions, and shall from time to time publish, in such manner and form as lo secure the widest circulation among the Agricultural Societies and farmers gene- rally, all such Reports, Essays, Lectures and other useful information aa the said Boards respectively may procure and adjudgo suitable for publication ; and, if the said Boards or either of thet • shall publish a monthly Journal, or adopt as their channel of communication with Agricultural Societies the Agricultural Journr ^ow published in Upper and Lower Canada respectively, it shall be tht. duty of all Agricultural Societies receiving any share of the Public Giant to give at least one month's notice of the time and place of ho!dina: their Exhibitions in the Journals so published or adopted by the said Boards respectively. XVn. The sa'd Boards shall transmit to the Bureau of Agriculture a copy of all their resolutions. By-laws or other formal proceedings, immediately after the adoption thereof, and every resolution, R}-law, or othnr proceeding of the said Boards respectively which may involve an expenditure of money to an amount exceeding ten pounds, shall not be passed except with the assent of a majority of the members thereof. XVIir. Each of the said Boards shall be and become a Body Ccrpo- rate, and shall have power to acquire and hold land and personal property, and to sell, lease or otherwise dispose of the same. AGRICULTURAL ASSOCIATIONS. XIX. Whereas an Agricultural Association has existed for some tjnie past in Upper Canada, and by means of annual exhibitions of the pro- ductions of that section of the Province, has effected much good and whereas it is expedient to organize a similar Association in Lower Canada, and to make provision for the future support and management of the said Associations: Be it therefore enacted as follows: The Members of the Boards of Agriculture, the Presidents and Vice- Presidents of all lawfully ornanizsd County Agricultural Societies, and all subscribers of Five Shillings annually, shall in their respective sections of the Province, be and constitute an Agricultural Association for that section. XX. The Members of the Board of Agriculture and the Presidents and Vice-Presidents of County Societies, (or any two Members whom a County Society may have appointed Directors instead of its President and Vice-President) shall be the Directors of such Agricultural Asso- ciation, and it shall be lawful for the Agriculturaf Association to elect a Treasurer. XXI. The said Associations shall each hold an Annual Fair or E.xhi- bition, which shall be open lo competitors from any part of the Province, and the said Directors shall hold an annual meeting (luring the week of the annual Exhibition, and may at such meeting elect a Presiilenl and Vice-Presidents, and appoint the place for holding the next meeting and Exhibition of the Association, and may make rules and regulations lice ; and the said BonrdofAgri- culture to be the Council of tlio Aiioclation. COUNTY SOCIETIES. 365 lor the management of such Exhibition, and may appoint a local Com- Inittee at the place where such Exhibition is appointed to be held, and Iprescribe the powers and duties of the said Committee. XXII. The Board of Agriculture shall be the Council of the Asso- Isiation, with full power to act for and on behalf of the Association jbetween the annual meetina[s thereof, and all grants of money, sub- jicriptions, or other funds made or appropriated to or for the use of the lAssocialion, (except money collected by or granted to any local Icommittee for the local expenses of an Exhibition) shall be received Iby and expendetl under Ihe direction of the said Board, and the Secre- jtary of the Board shall be ex officio Secretary of the Association. XXIII. All contracts and all legal proceedingsby, with, or concerning jlhe Association, shall be made and had with the Board of Agriculture lin its Corporate capacity, and no other contracts, agreements, actions or iproceedings shall bind or aflfect Ihe Association. XXIV. It shall be lawful for the Municipality of any City, Town, I Village, County, Township or Parish in this Province, to grant money lin aid of the Agricultural Association for that part of the Province to I which the Municipality belongs. AGRICULTURAL SOCIETIES, UPPER CANADA. XXV. Whereas the Act to provide for the better organization of I Agricultural Societies in Upper Canada, passed during the now last Session, requires some amendments, and it is expedient to re-enact the same, and to embody therein the said amendments: Be it therefore I enacted as follows: COUNTY SOCIETIES. A County Agricultural Society may be organized in each of the Counties of Upper Canada, whenever fifty persons shall become Mem- bers thereof, by signing a Declaration in the form of the l^chedule A lo thi$ Act annexed, and subscribing each not less than Five Shillings annually to the Funds of the said Society, and a true copy of the said Declaration shall within one month after being so signed be transmitted to the Board of Agriculture. XXVI. The object of the said Societies, and of the Township or Branch Societies in connection therewith, shall be to encourage im- provement in Agriculture, by holding Meetings for discussion, and for hearing Lectures on subjects connected with the theory and practice of improved Husbandry, by promoting the circulation of the Agricultural Periodicals published in the Province ; by importing or otherwise pro- curing Seedsj, Plants and Animals of new and valuable kinds; by offering prizes for Essays on Questions of Scientific Enquiry relating to Agriculture, and by awarding Premiums for Excellence in the raising or introduction of Slock, the invention or improvement of Agricultural Implements and Machines, the production of grain and all kinds of vegetables, and aenerally for excellence in any Agricultural Production or Operation ; and it shall not be lawful to expend the Funds of the Societies, derived from subscriptions of Members, or the Public Grant, for any object inconsistent with those above mentioned ; and the Di- rectors of every such County Society at any meeting which shall be called by written notice as hereinafter mentioned, an'd in which notice the object of Ihe meeting shall have been specified, shall have full power to make, alter and repeal By-laws and Rules for the regulation of such Society and the carrying out of its objects. XXVII. The said Societies shall hold their annual Meeting in the Annual Mcei- month of February in each year, and shall at such Meeting, elect a tngs— ContraetR, tec. Ix! made witti Hoard In ita Corporate capocltjr. Municipalltiea may.'erant money in iiidof Agricul- turnl Associa- Uona. Act 14 tc. 13 Vict. c. 127, cited. County Agricul- turnl tiocieiiea. Their object and dutiea. f *i '."'I 356 BIncllon of OUieuri. frMliIont* of 'J'll\Vll«lli|) ■ ockMil'H, &c., 10 }m |)iriTtor»of County tJuciciy. Mr^dliRg of OlIidTB niii tilrcctor*, Anntinl Eo|ior;!< of proccuJiiii,'*. TOWNSHIP SOCIETIES. Presi^enf, two Vioe-Piesidents, a Secretary and Treasurer, and nc moro than seven Directors. XXVIII. The Prosidetits of the several Township Agricultural So cieties, williin the County, shall, in addition to those butoie rneiitionedJ ho ex officio Directors of the County Society, and the sriid Ollicers am Directors shall tind may for the year next following the Annnal MeutJ injr, and until the uletMion of their succesaors, exorcise all the poweri ves'«"l in the County Society by this Act. XXIX. Tho Meeting? of the Oflicers and Directors shall be held) pursuant to adjonrninent, or called by written notice to atid civen byf authority of the Presiilon!, or in his ab-ienci' the Senior Vice-President,! at least one week before the day appointed ; and ul any Meeting fivej shall be a quorum. XXX. The said OfRcera and Directors shall in addition to tho ordi- nary duties of inanageinerit, cause to bo prepared, and shall present at the Annual Meeting, u Report of their proceedings during the year, in which shall be stated the names of all the Members of the Society, the amount paid by each set opposite his name, the names of all persons to whom Pren.jums were awarded, thb .unount of such Premiums respec- tively, and the name of the Animal, Article or thing in respect of which the same was granted, together with such retnarks upon the Agriculture of the County, tho improvements which have been or may be made therein, as tbe Directors shall be enabled to oil. r ; there shall also be presented to the said Annual Meeting, a detailed statement of the receipts and disbursements of the Society during the year, which Report and Statement, if approved by tho meeting, shall be entered in the Society's Journal, to be kept for such purposes, and signed by the I'^esident or a Vice-President, as being a correct entry, and a true copy thereof certified by the President or Secretary for the time being, shall be sent to the Board of Agriculture, on or before the first day of April following. XXXI. The County Society shall receive the Reports of the Town- ship or Branch Societies, and shall transmit them to the Board of Agri- culture, with such remarks thereon as may enable the said Board to obtain a correct knowledge of the progress of Agricultural Improve- ment in the County. XXXII. It shall be the duty of the said Ofiicers and Directors to answer such queries, and give such information as the Board of Acri- culture, or Minister of Agriculture may from time to time, by Circular Letter, or otherwise, require, touching the interests or condition of Agriculture in their County, and generally to act as far as practicable upon the lecommendatioiis of the said Board. TOWNSHIP SOCIETIES. Brnnch A^ri-ui- XXXIII. A Tovvnship or Branch Agricultural Society may be organ- jurat Sociriies ill j^ed in each Township of any County, or in any two or more Townships owiu,iip.. together, whenever a sufficient number of persons shall become Mem- bers, by signing a declaration in the form of the Schednli A to this Act annexed, and subscribing each not less than Five Shillings annually to the funds thereof,' to raise an aggregate ,sum of not less than Ten Pounds, and a true copy of the said Declaration ceitified by the President or Vice-President of such Society, shall be fcrlhwi'h transmitted to the County Society. Annunt MeeUngs XXXIV. The said Societies shall hold their Annual Meeting in the uweof. month of January in each year, and shall elect a Presitlent, Vice- ttuinrtt Mialt be trinxiii.ttu I hi UuaiiJs. Duty of Officers Willi rcspi'.-tti) airculnrs, fee , from Co.Trrt of Aiiriculiuro, £:c. ear, bn ind the lit ion, ; rovidec ight to !uch ye Fownsh ear be xxx1 [ulture Society iy this J ihe Trea laid Boa this Act who is 1 icribed 1 by the ]\ aid Con lis War if any t iqual to he banc anless 1 er; and >hall not tided al tiave sei Agricull lection i sufficieii of this J xxx udicial unties ram the lies, sh? ;ranted !xceed < rreasurer, and no p Agricultural So- bet'oro riientioriedj said (.)llicer.s arn llie Aimu.il Meut- iise all tlio poweri ors shall be held !(> 1(1 and ffiven byl or Vice-Prt'sideritJ any Meeting five dition to the ordi- nd shall present at uriiig the year, in of the Society, the 's of all persons to Premiums respec- II respet't of which on the Agriculture or may be made here sliall also be statement of the ear, which Report je entered in the id signed by the y, and a true copy time being, shall first day of April oris of the Town- lie Board of Agri- the said Board to ultural Improve- and Directors to le Boiud of Aari- ime, by Circular or condition of ar as practicable y may be orcfan- more Townships 1 become Mem- luli A lo this Act ings annually to han Ten Pounds, he President or lusmitted to the Meeting in the ^resident, Vice- GENEUAL PROVISIONS. [resident, Secretary and Treasurer, and not fewer than three, or more lian nine Directors. XXXV. The said Officers and Directors shall prepare and present to e Annual Meeting of tlie Society, a Report of their proceedings dur- g the year, in the same manner as hereinbefore directed for County cieties, and containing information under the same heads ; anil shall •insmit a trnecopy thereof, certilied by the President or Vice-President, I) ihe Secretary of llie County Society, in lime for the Annual Meeting lereof iu iho month of February. GENKliAL PROVISIONS. XXXVI. The Exhibition of the County Society shall be held at the bunty Town, but it shall bo lawful for the Directors of the County 'iciely, from time to time if they think fit, on the Petition of the irectors of the Society, of any Townsiiip (or Townships united for jhe purposes of this Act) other than the Township in which thi County own stands to appoint an Exhibition of the County Society, to be held hhin such other Township or United Townships, and in such case the ownship Society so petitioning, shall not hold an Exhibition for that ear, but the same shall merge in the Exhibition of the County Society, nd the Funds of the 'I'ownsliip or Branch Society for that year's Exhi- ition, shall be paid over to tlie Treasurer of the County Society : 'rovided that any Township or Branch Society shall not forfeit any ight to a share of the Public Grant for not making a full Report for uch year ; Provided also, that the Directors of the Society of the Township in which the County Exhibition shall be held, shall for that ear be ex officio Directors of the County Society. XXXVII. When the President and Secretary of the Board of Agri- uhure shall certify to the Minister of Agriculture, that any County Society has sent to the said Board Reports and Statements as required \)y this Act, for the year then last previous, and shall also certify that ihe Treasurer or other Officer of the said Society, has transmitted to the faid Board an Aftidavit, which may be in the form of the Schedule B to ihis Act annexed, and may be sworn to before any Justice of the Peace ffho is hereby, authorized to receive the same, stating the amount sub- scribed for that year, and paid to the Treasurer of the County Society by the Members thereof, and by the several Township Societies of the aid County, it shall be lawful for the Governor of* this Province to issue lis Warrant in favor of such County Society, for a sum to be taken out )fany unappropriated moneys in the hands of the Receiver General, qua! to three times the amount appearing by the sail affidavit to be in lie hands of the Treasurer : Provided, that no Grant shall be made inless Twenty-five Pounds be first subscribed and paid to the Treasur- and irovided that the whole amount granted to any County Society fliall not exceed Two hundred and fifty pounds in any year ; and pro- rided also, that it shall not be necessary that any County Society should bve sent Reports and Statements as above mentioned to the Board of Agriculture, in order to obtain the Government allowance under this lection for the first year in which it shall be established, but it shall be (ufficient that such Society ha complied with the other requirement* 3f this Act. XXXVIII. Provided always. That in the case of Counties united for udicial purposes, a County Socicly may be formed for the 8;ud United anties, or for any one or two of such Counties, but the amount granted ram the Public Fund to the Society for any two of such United Coun- lies, shall not exceed two hundred and fifty pounds, and the amount [ranted to the Society for any one of the said United Countiea, shall not ixceed one hundred and fifty pounds. 357 Report.' fijr lIlUll' DffiQtif*. A» to liollini; of KxlllllitiOi'R ill CiiFO-i where tlMTi' may hf» n t'oiiii'y Soclciy nnd T'iwrislii|i ^OOlctil'!) Ill ItM •aiiit! (.'ouiity. ProTiiO. As to Govern- ment prnnt lo County k'ocieiica. Proviso. Proviso. Proviso. As to rounties uni'cd for Ju- dicial purpOKf* !i Hi I 358 Grant to Towniiiip MoctetiM. tfOTiM. Board of Agriculture to pay Public Grant to County Socletiea. Praalty on Treaaurera in •ertala caaei. County Bectetlea lobeBodiea Corporate flchool-Farmi may be estab- bUthed. Riedule referred toiaa.SSandSS. BUREAU OF AGRICULTURE, SCHEDULES. XXXIX. Every Township or Branch Society, ».ij.r i,. d ncording to! this Act, and sending a report of its proceedingn to Ui" rounty ''ociety I as hereinbefore) required, shtill be entitled ton share ' le uiuul to ihsl County Society, in proportion to the umount which h!a Body Corporate, and shall have like powers with County Societies. XLT 1 1. It shall and may be lawful for any County or Township Society, or the Municipal Council of any County or Township of Upper Canada, to purchase and hold land for the purpose of establishing a School-Farm to instruct pupils in the science and practice of Agricul- ture, and any Society, and any Municipal Council may purchase and hold such School-Farm conjointly or otherwise, and may conjointly or otherwise make all necessary rules and regulations for the manasjement thereof, provided that not more than one hundred acres of land shall be so held by any Society or Council, whether conjointly or otherwise. SCHEDULE A. We, whose names are subscribed hereto, agree to form ourselves into a Society, under the provisions of the Act of the Legislature, (.title and I. SDULES. ■Mi'.,< 'il ncf'ording to! lh« ("ouiitv *'ociety,j I i,A * le uiani lo inai ;h h!'allTiavo been! Iranch Socie'v, and on or before the first mounts so deposited! lid County; and the ely shall be repaid, the said grant shall ed always, that not] luy County Society I nch Societies ; And thirty-four, shall be i\\ any Township or' )vided, that nothing g any Member of a tierelo, and without ' the privileges of a n government, and ts to which they are said Board to retain, nth part of all such ounty, Township or subscription, or any ity, when it has not iription, shall forfeit • every such oflfencs, to all the penalties ccording lo the pro- h and 15th Victoria [(ton of Agricultural dies Corporate, with and Exhibitions, or lispose of the same ; an i zed as aforesaid, t the said Society is said resolution with Ay shall thenceforth e like powers with oi'nty or Township Township of Upper e of establishing a practice of Agricul- may purchase and d may conjointly or or the management res of land shall be tly or otherwise, form ourselves into sgislature, (^title atd ELECTRIC TELEQRAPU COMPANIES. datt of this Act,) to be called the " County (Township or Branch, a$ the case maij be,) Agricultural Society of the County of " {or Township of ) ; and we hereby severally agree to pay to the Treasurer yearly, while we contiime Members orthe Society, (any member being at liberty to retire therefrom upon giving notiou in writing to the Secretary, at any time before the annual meet- ing, of his wish no to do,) the sums opposite our rospectivo names, and we further agree to conform to the liules and By-laws of the said Society. 359 Names. s. d. SCHEDULE B. County of to wit : I, A. B., of the Township of Treasurer of the schedule refemd County Agricultural Society of , make oath and say, that to la 8ec. 37. the sum of has been paid into my hands, since the first day of February last, by the Township Agricultural Societies of the said County, as and for the Members' subscription for this year; and that the sum of hsi.s been paid into niy hands, as subscriptions for this year, by members of the said County Society ; and that the said sums, making in the whole the sum of , now remain in my bands, ready to be disposed of, according to law. Sworn to before me this day of A.D. 185 . \ C. D. Justice of the Peace for the County of A. B. ELECTRIC TELEGRAPH COMPANIES. ACT 16 VIC, CAP. 10. An Act to provide by one General Law for the Incorporation of Electric Telegraph Companies. [lOth November, 1852.] WHEREAS it is expedient to provide by one General Law for the incorporation and regulation of Companies formed for the pur- FreamMe. pose of constructing lines of Electric Telegraph in this Province : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtvie of and under the authority of an Act passed in the Pari iament of the Unilad Kingdom of Great Britain and Ireland, and intituled, -4n Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada^ and it is hereby enacted by the authority of the same, That— - I. Any number of persons, not less than three, may associate for the Anodaiom may be formed. Certificate to he made and filed. 360 ELECTRIC TELEGRAPH COMPANIES. purpose of constructing a line or lines of Electric Telegraph, -with branches leading to and from the same, from and to any point in thij P oviiice, upon the terms and conditions, and subject to the liabilities prescribed in this Act. II. Such persons, under their hands and seals, shall make a Certifi- cate which shall specify : 1st. The name assumed to distinguish such Association, and to be used in its dealings, and by which il may sue and be sued, and a desig- nation of the line or lines of Telegraph to be constructed by such association, and the route or routes by which such lines are to pass ; 2diy. The capita! stock of such Association, and the number of sharei into which the htoek shall be divided, and any provision which may be made for increasing the same, the names of the Shareholders, and the amount of stock held by each ; 3dly. The period at which the said Association shall commence and terminate ; 4lhly. A copy of their Articles of Association. And such certificate shall be acknowledged before a Notary, and tho original or a copy thereof, certified by such Notary, shall be filed in th» ofTice of the Secretary of the Province. Incorporation. III. Upon complying with the provisions of the last preceding section, such Association shall be and is hereby declared to be a Body Corporate by the name so as aforesaid to he designated in the said Certificate, and a copy of such Certificate, duly certified by the Secretary of the Pro- vince, may be used as evidence in all Courts and places for and against such Association. Corporate powers IV. Such Association shall have power to purchase, receive and hold and convey, such real estate and such only, as may be necessary for the convenient ti-ansaclion of the business and for the eflTectually carrying on the operations of such Association, and may appoint such Directors, Officers and Agent-s, and make such prudential Rules, Regulations and By-laws as may be necessary in the transaction of its business, not inconsistent with the laws of this Province. V. Such Association is authorized to construct the lines of Telegraph designated in lis Certificate, along any and upon any of the public roads and highways, or across any of the waters within this Province, by the erection of the necessary fixtures, including posts, piers or abutments for sustaining the cords or wires of such lines provided the same shall not be so constructed as to incommode the public use of such roads or highways, or impede the free access to any house or other building erected in the vicinity of the same, or injuriously to interrupt the navi- gation of such waters, and also upon any lands purchased by the Association, or the right to carry their line over which shall have been conceded to them by the parties having a right tomake such concession, nor shall any thing herein contained be construed to confer on any such Association the right of building a bridae over any navigable water. VI. Any person who shall wilfully and maliciously injure, molest or destroy any of the said lines, posts, piers or abutments, or the material or property belonging thereto, or in any way disturb the working of the said Lines of Telegraph, shall, on conviction thereof, be deemed guilty of misdemeanor, and be punished by a fine not exceeding ten pounds, or imprisonment not exceeding one month, or both, at the discretion of the Court before which the convictJ-;i shall be had. VII. It shall be lawful for any Associa' ion of persona, incorporated under this Act, by their Articles of Association, to provide loraa increasa of their capital and of the number of their associates. I Powers for the foiimriiction of Penalty for injur- ing Tdegrapli or worluk IneMiwe of cap!- i.il, &c., may be IMurUsdta. NIES. c Telegraph, with' to any point in thlj id to the liahilhies lall make a Certifi- 3ciation, and to be 3 sued, and a desig- )nstrucled by such lies are to pass ; le number of shareg ision which may be areholders, and the hall commence and h e a Notary, and the shall be filed in th« 5t preceding section, )e a Body Corporate said Certificate, and crelary of the Pro- aces for and against se, receive and hold be necessary for the efTectnally carrying iint such Directors, 3P, Regulations and oi its business, not lines of Telegraph of the public roads s Province, by the piers or abutments ded the same shall ise of such roads or or other building ) interrupt the navi- purchased by the ich shall have been ke such concession, confer on any such lavigable water. ly injure, molest or nts, or the material the working of the f, be deemed guilty ceding ten pounds, at the discretion cf rsons, incorporated ivide lor &a increase ELECTRIC TELEGRAPH COMPANIES. VIII. It shall not be lawful for any Association under this Act to contract debts exceeding one half of the amount of the Capital Stock of such Association; and all evidences of debt issued by such Associa- tion shall be issued and signed by the President and Treasurer thereof. IX. Any Telegraph Association or Company now organized may become iiicorpoialed under this Act, on filing in the office of the Secre- tary of the Province a certificate authorized by a resolution of its Hoard of Directors, signed and certified by the Secretary of the Company, containing tiie paiticnlars hereinbefore required in like cases, and sig- nifying its acceptance of this Act. X. It shall be the duty of the owner of, or of the Association owning any Telegraph line now in operation, or that may hereafter be in operation, to transmit all despatches in the order in which they are received, under a penalty of not less than five nor exceeding twenty- five pounds, to be recovered, with co^ts of suit, by the person or persons whose despatch is postponed out of its order ; except that any Message in relation to the Administration of Justice, arrest of criminals, the discovery or prevention of crime, and Government Messages or Des- patches, shall always be transmitted in preference to any other Message or despatch, ifreciuired by persons conceded with the Administration of Justice, or any person thereunto autliorized by the Provincial Secre- tary. XI. Any Operator of any Telesraph Line, or person employed by any Telegraph Company, divuliring the contents of a private despatch, shall be deemed guilty of a misdemeanor, and on conviction shall be liable to a line not exaeeding twenty-five pounds, or to imprisonment for a period not exceeding three months, or both, in the discretion of the Court before which the conviciion shall be had. j j XII. Her Majesty may at any time, assume possession of any such Telegraph line and of all thintjrs necessary to the sufficient working thereof for any time, ami may for the same time require the exclusive service of the Operators and other persons employed in working such line, and tlie Company sliall give up pn-isession thereof, and the oper- ators and other pcrsous so emi)!nyeil sli.ill, ihiring the time of such possession, dili'^ently and f.iithlnlly ol)ey such orders, and trunsmit and receive such despatches as they may be required to receive and transmit by any iluly authorized Olficer of the Provincial Government, under a penalty tint eyceinlinLi: twenty-five pounds for any refusal or neglect to comply with the rtHinircments of this section, to be recovered by the Crown for the public uses of the Province, with costs, in any way in which debts of like amount are recoverable by the Crown. XIII. Her Majesty may, at any time after the commencement of any Telegraph line under this Act, and after two months' notice to the Company, assume the possession and property thereof, and upon such assumption, such line and all the property, real or personal, essential to the working thereof, :iud all the riizhls and privileges of the Company, as regards such Line, shall be vested in the Crown. XIV. If any dilH^rence shall arise between the Company and those who act for the Crown, as to the compensution which ouuiit to be paid to the Corny; ny, for any Telegraph Line an I appurtenances taken under the thirteenth section of this Act, or for the temporary exclusive use thereof nuilcT the twelfth section, sneh diinu'ence shall be leferred to three Arbitrators, oiie to bi? apj) )inled on the part of the Crown, another by the Company, and the third hy the two so appointed Arbitrators, and tae award of any two of the said Arbitrators shall be final ; and in case 361 Amount of debt- liiuiuxj. Existing Com- li.'iiiu's may uvaii tlipiimelvcs of tills Act. nuticsof Coni- p.'iiiy in tr.iiih- iiiitt ii!| Ues- patclius. Prnaltj' on Operators (livul- giiij; secrets'. Oovrrnmciit mnjr nssiiiiie ilic sawtf temporarily. Duty of operators &.C., in suclicase. Hit Alajf'siy inojr assiiiiic ilii' (pm- friy ut' (lie line. ^lolp 01 scii'lrur till' I'ljUlMIVlS'uioU ill r;i>.r nC (Ijii'-T- I'lu'o Hi' Hpuiioti, ^:] ■1,1 362 Municiiwl Por- poratiulis iiii'l •foint t- any such subscription ; and such Municipal i'orporation shall have such rights as a Member of the Company, and shall vote upon the Stock held by it in such manner and by the intervention of such person or officer, as shall be determined by the Articles of Association. BOUNDARIES DEFINED IN 1852. Bo\nnanviiie. 1- Bowmanville. — Incorporated Village. — Proclamation dated 15th April 1852. — Situated in the 'rownship of Darlington, in the County ol Durham, one of the United Counties of JS'orthumberlaiul and Durham. Described in the Proclamation as follows : — Boundariesj *' The Villaixe of Bowman villc to consist of all that part of this Province situate in the Township of Darlington, in tho County of Durham, one ot the United Counties of Nortliumberland and Durham in Upper Canada, and lying within the followinir limits, that is to say : ' Composed of Lots Nos. 8, !), JO, li, 12, 13 and il, in the 1st and 2nd Concessions of tht Townsiiip of Darlinuton, with tho road allowances comprised within the limits of the Village or forming t!ie boundaries thereof, and butteil and boundeil as follows, that is to say : commcnicing at the point of intersec- tion of the southerly limit of the allowance for road between the broken front and first concession with the westerly limit of the allowance for road between Lots Nos. M and 15 ; thence, alo!ig the westerly limit of the last mentioned allowance tor road, northerly, to ihe northerly limit of the allowance for roail between tl:e ^'d and ?Ci Concessions ; thence, alonir the northerly limit of tlie r.llowance for road last mentioned, easterly, to the easterly limit of Lot No. 8, in the 2nd Concession pro- duced ; thence, along the easterly limits of Lots No. 8, in tlie 2nd and 1st Concessions and prolongations thereof, southerly, to the southerly limit of tiie allowance for road between th.e brolcen front and 1st Con- cession aforesaid; and thence, along tlie southerly limit of the road allowance last mentioned, westerly, to the place of beginning.' " Urampton. 2. Bramptox. — TnrorporcJrd ViUn:^c. — Prodamnlion dated 17 Seplem- ber, 1852. — Situated in the Township of Chin!.rnacousy, in the County o! Peel, one of the United Counties of York, Ontario and Peel. Described in the Proclamation as f( Ilcws :— Boundaries. «< The Viluvje of Brnmp'on to consist of all tliat part of this Province situate in the (bounty of l^eel, and lyina within the loHowinir limits, th.ai is to sav : ' Commeiiciiiii- ,il t!ie southerly anir'e of Lot ninnber tdnr, in the first concession, east of llurontario street, in the township of Chin- guacou^y ; thence, north-ea- nnuiber^ si\ and seven, to she centre line of the lirst con- cession, east of llurontario street ; thence, tiorth-westeily, along the said centre line of the first concession, east of llnroinario stieet, to the limit between lots numbers eiifht and nine, thence, south-westerly, alonsjthe said limit between lots timnbers elslit and nine to the centre line of the first concession, west of llnro itario street ; thetic;-^, south-easterly, along the said centre litte of the fust concession, west of Hmontario stieet, to the limit between lots nun, bets six and seven ; thence, souih-westetly, along the said limit betweett lots tiuinbers six ami seven, to the allow- ance for road between the first and .se;'otid cimcessions, west of lluron- tario street ; thence, south-easleily. along the said allowance for road between the first and atnl sec Mid concessioits west of Hnrotitario street, to the limit bniween lots numbers four atid five ; thence, north-easterly, along the said limit betweeit lois numbers four and five, to the ceittre, line of the first concession, we-t of llurontario street : thetice, sotith- easterly, along the saiil ceiitte litte ol the fiist concession west of Hu- rontario street, ti^the limit between lots i umbers iliree and foin- ; thence, tiortli-easlerly, along the said limit between lots numbers three and four and acro.ss Hnrimtario street, to the place of beginiting.' " Briohton. — Township. — Sitn,Tted in the Coutity of Northumberlattd, urigiuoi. one of 'he Utiited Counties of NorlhumberlatuI and Dntliam. Des- cribed in Proclamation dated 3til December, I8,5*i, as follows : — "The Township of liiiiihloit sli;ill include and consist of all that part Boundarice. of Our said Province, silnale in lite County of Northumberland atid for merly maktng pait of the Towtiship of Ciamahe, lionnded on the west by ttie middle of the allnwniice for iciid on lie east side cf Lot luuriber eleven in the Bn)ken Fiont, and in the Piist, Second. Thiid. Fourth, Fifth, Sixlh, Seventh, Eiuhth. Ninth and Trtilh Concessions of the said Township ot Ctamahe, and all that pait of Otir .said Provitice, sittiate in the said County, fdrmerly making |)iirt of the Townshi]) o. Murray, bounded on the east by 'he middle ot the a lowance forioad en the west side of Lot iintrtber Twetilv-'wo, in llie Concessiotts lettered A. s' & C, and in the First. Secotid, Thiul, Fouiih. Fifdt, Sixlh, Seventh i']ighih, Nintli and Tetith coticessions of the said 'I'ownship of Mnrra) , ai il all ibat part of f.ake Otitario, wi;li the peiini-nla and islands th.ciein, lying between tl e iiiolnniratioit of the above ilescribed lateral '."iiiiidaiies of the Township of Brighton to the boundavy of Our saiil Pimince.' " CAi,i.-i)nMA. — Inrnrpori.tcd V 11' ge. — Ihu clcmnlion d 'kd iiHh doij of Mau, IHCrl. — Si'ttalfd pailly in the Tou tisliij) of Oneiila. .ind partly in tlte Township of Seneca, in i- e County of llaldnnand. Describe' the said >oiilh easterly limit iiml prolongation llieieol. and the noiih-easieilx limit ot the bloid; of land afore-ai''. tn tin- eaiterly an^le of the 'J'own Pint of Caledonia, as surveyed bv I'lovincial Land Sin veyov .hitT'es KiiKpatrick, in the \ear oue thoiwand oiglii hundicd and fort) -four, under insuuctions from the Caltdoni,-.. liouiidarica. i^ 364 raledonia: Boundaries. ■ Ion. Boitndaries. Oodexlch. •iindarin BOUNDARIES : ELORA, GODERICII, Surveyor General of this Province; thence, nortli-westerly and south- westerly, along th enorth-easterly, and north -weslerly limits of the Town Plot aforesaid, and along the norlh-westerly limit of the block of ]ad at dam number five, in the Township of Seneca, granletl to the Grand River Navigation Company, and prolongation thereof, to the middle of the main channel of the Grand River; thence, along the same, with the stream, to a point in the prolongation of the south-easterly limit of the block of land at dam number i\ve, in the Township of Oneida, granted to the Grand River Navigation Company: thence, south-westerly .ind north-westerly, along the last mentioned limit, and prolongation thereof, and alotii; the south-westerly limit of iho said block of land to the north-westerly limit of the Town Plot of Caledonia aforesaid ; thence, south-westerly, south-easterly and easterly, along the north-westerly, south-westerly and southerly limits of the Town Plot, to the north-westerly limit of the block of land at dam number four, in the Township of Oneida, granted to thn Grand River Navigation Company ; thence, north-easterly, along the last mentioned limit and drolongation thereof, to the middle of tlie main channel of the Grand River ; thence, along the same, with the stream, to the place of begin- ning." Elora. — Village Unincorporated. — Forming part of the Township of Pilkington, in the County of Wellington, one of the United Conniiea of Wellinarton and Grey. t3y Proclamation, dated 7th April, 185-2, the boundaries of the Village are described as follows : " The Village of Elora to consist of ail that part of this Province situate within the County of Wellington and lying within the following limits, that is to say : Commencing at the point of intersection of the noitherly limit of the allowance for road between the broken front and first concession on the southerly side of (he Grand River in the Town- ship of Nichol, with the easterly limit of the allowance for road between the said lownsliip and the Township of Pilkinglon, (formerly Wool- wich ;) thence, idong the easterly limit of the allowance for road last mentioned, north-westerly to the southerly angle of lot number eigh- teen, in the eleventh concession of the said Township of Nichol ; thence along the south-easterly boundary line of the said lot and of lot number eighteen, in the twefih concession, north-easterly, to the intersection of the boundary line between lots numbers four and five in the broken front, on the northerly side of the Lirand River, produced north-westerly; thence, south-easterly, along the said boundary line produced, to the northerly margin of the Grand River; thence, along the said margin against the stream, to the intersecrtion of the boundary Inie between lots numbers four and five in'the broken front on the southerly si. )rnpany : thence, ntioneil limit and | imit of the said ! Plot of Caledonia i d easterly, along > lita of the Tovva at (lam number River Navigation itioned limit and nel of the Grand e place of begin- the Township of nited Conniies of April, 185-J, the of this Province thin the following ntersection of the i broken front and ver in the Tovvn- 3 for road between , (formerly VVool- mee for road last lot nnmber eigh- of Nichol ; thence and of lot nnmber the intersection of ^e in the broken ed north-westerly; prod need, to the the said margin iry I me between southerly side of iver and along the northerly limit of I and the fust con- ih-westerly, to the Huron, one of the ariied, and Wards rl, and ilescribed ist of all that part aforesaid, one of i followins? limits, centr^^ line of the •ee rn the Maifland on hern limit of the the north-easterly '-o'lCrirh: l!uui.:l;iric':!. .St, Gcor^zcN. Toronto wards. atigle of lot nnmber two in the Second Concession ; thence, due west, along the boundary line between lots numbers two in the second anci first Concessions and lot number one bundled ami eight in the Maitland Concession, and the ten afcre accommodation lots to the water's edge of Lake Huron ; thence, northerly, along the said water's edge, to the southern limit of Ship Street ;' thence, north-westerly, alona the said southern limit produced, to the middle of the channel connecting the River Maitland, with Lake Huron ; thence, rioith-easterly, easterly and south-easterly, along the middle of the said channel and along the middle of the main channel of the River Maitland to the line in the centre of the allowance for road between lots numbers two and three in the Maitland Concession proiluced north-easterly 5 thence, south- westerly, along the said line in the centre of the allowance for road between lots numbers two and three in the Maithiiui Concession, to :!ie place of beginning. And that the said Town shall bedivided into Four Wards to be calletl respectively Saint (Jeorcre's Ward, St. Pntrick's FourVVard*. Ward, St. Andrew's Ward and iSt. David's Ward, and to comprise the following portions of the Town lespectively, thai is to say : The said Saint Georgc^s fVard to comprise all that part of the said Town which lies within the following limits : commencing' at tlie centre of the market place: thence, northward, along the centre of North Street and pro- longation thereof, to the ndrth-^m boundary of the Town; thence, soulh- Iwesterly, along the said northern boundary, to the southern lirnit of iShip Street ; thence, northerly, along the water's edL^e of Lake Huron, to the centre of the said street ; thence, south-easterly, alom; the centre thereof, to the centre of Cob mrg Street ; ili^nce, north-easterly, along the same, to the centre of West Street; thence, eastward alopi; the centre of West Street and prolongation thereof, to the centre of the iVTar- ket Place and place of beiiiniiiiiir. The said Saint Pat>ick\^ Ward to comprise all that part of the said Town which lies within the following limits: commencinir at the centre of the Market Pliice ; thence north- ward, alons the centre of North Street and the prolongation thereof, to the northern boundary of the Town ; thence, eastnrly, and south-east- erly, along the norlheily and north-easterly boundaries of the Town, to the south-easterly limit of Britannia Road produced noi'h-easterly ; thence, south-westerly, along the said limit produced to the centre of Maitland Road ; ihencH, north-westerly, along the centre of Maillanrl Road, to the centie of East Stret^t ; thence, westward, alonir 'he centre of East Street, to tht^ centre of the Market Place .•iiid place of beiriiiniii2. The said 5'a!H< An'riw^s Ward to compri-e all that part of the said g-t Andrew'*. Town wtiich lies within the Ibllowing limits; Commeucinn- at the cen- tre of the Market Place ; thence, soiithv. aid, nlowj the centre of South Street, and pro'ongatKiu thereof, to the soutlieily side of Brirannia Road; thence, westward, alonyr the southerly side of Britannia Road 'o the limit between Accommodation Lois nuinbeis six aim seven ; llence, louthward, along tlie last mentioned limit, to the southern boiuularv of the town ; thence, westerly and iiortheily, alonu' the soiitherlv and wes- terly boundaries of the town, to tfie southern boundary of St. Ceori.'f's Ward, thence along the souihern boundary ol St. (ieoro>.',s Ward, to the place of beginning. The said Saint Ihirid's ff'ard to comprise all .s;, pnyij-,. that part of the said town which lies souihof St. Patrick's Ward, and east of St. Aiulrew's Ward. 3C5 ~t. Patrick'*. Tcropto : New \^'2rd» Toronto. — hvnrporaled City. — The Ward of St. Patrick, with the liberties atlacheil thereto, dividei! into /wo Wiids, 'o be called lespee- lively St. John's Ward and St. Patrick's 'Ward, by Proelamalion, tlalcd 3rd Deceml'er, 185'2, and described therein as loJlow.s: — '^ St. Jihn^s Word to comprise all that part of the said City lyiiiir !?t. Jolin'r, between the westerly boundary line of Vonge-street and the middle of i4 m 366 'I'oroDto: yi. I'airick's Ward. TreiUoii. loundaries. leiina. loundarie«. Twkville. BoiKidarieu. BOUNDARIES : TRENTON, VIENNA. the College Avenue, and to the north of the northerly boundary Ihie of Queen Street. St. Piilridc^s Hard lo conipri(*e all that part of the said City, lying to the west of the niiildie of the College Avenue, and lo the north of the northerly boundary line of Queen street." TuENTON. — Incorporated Vdlage. — Proclamation dated 25th Sept., 1852, —Situated in tlie County of Hastings, antl forming part of that County; and described in the Proclamation as follows: — "The Village of Trenton to consist of all that part of this Province situate partly in the Township of Sidneys in the County of Hastings, and partly in the Township of Murray in the County of Northumber- land, one of the United Counties of Northumberland and Duiham afore- said, and lying within the following limits, that is to say : Commencing at the waters edge of the Bay of Quinty at the south-easterly angle of the broken front in front of Block A in the first Concession of the Town- ship of Sidney ; thence, northerly, along the easterly limit of the said broken front and Block A, forty-five chains; thence, westerly, parallel lo the Concession line in -le rear of Block A aforesaid, to the boundary line between ihe said Townships of Sidney and Murray ; thence, northerly, along the said boundary line, to the middle line of the depth of the first concession of the said Township of ivl urray ; thence, wei^terly, along the same, lo the western limit of the allowance for road between lots numbers two and three, in the first Concession of the Township of Murray aforesaid ; thence, southerly, along the last mentioned limit, to the line in front of the first Concession ; thence, westerly, along the same, to the midddle line of lot number three in broken Concession A produced northerly; i.irince, southerly along the said line, twenty-five chains ; thence, easterly, parallel to the Concession line in rear of the said lot number three, to the westerly limit of the allowance for road between lots numbers two and three ; thence, southerly, along the last mentioned limit, to the water's edge of the Bay of Qninty ; thence, north-easterly, along the same, to the line in front of the first Conces- sion of the Township of Murray ; thence, easterly, along the last men- tioned line produced across the muuth of the River Trent, to the water's edge of the Bay of Quinty ; iheaoe, easterly, along the water's edge, to Ihe place of beginning." Vienna. — Incorporated Village. — Proclamation dated 9th September, 185'2. — Situated in the Township of Bayham, in the County of Elgin, one of the Uiuted Couuties of Middlesex and Elgin. Described in the Proclamation r.s follows: "The Village of Vienna lo consist of all that part of this Province, ?ilua.te in the County of Eluin, and lyino- within the following limits, that is lo say: Commenring at the south-west angle of lot number twelve, in the third Concession of the Township of Bayham : thence, north, along the 'este'i: limit of the said lot, eighty chains ; thence, south-easterly, ^ . allei ,o the iiiie in front of the said Concession, to the amit between lots numbers si.vtf n and sevetiieen ; thence, south, llong the limit J.ctween lots numbers sixtsen and seventeen, in the third anil ^-econd Concessions, one hundred and forty-one chains; Iheiice, norlh-wpsterly, parallel lo the line iu front of the second Con- cession, to the limit between lots numbers twelve and eleven ; thence- noith, along- the said limit between lots numbers twelve and eleven to the place of beginning.'' YoRKviLi.i:. — Incorporated ViVage. — Proclamation dated 2\ird April, 1852.--Situalpd in the Township of York, in the County of York, one of the United Counties of Voik, Ontario and Peel. Described in the Proclamation as follows; " Thf. Villaire of Yorkville to consign of all that part of this Province situate within the said township and County of York, and lying within YORKVILLE. 3CT nuntlary line of larl ot ihe said iiue, and to the 5;/i Sept., 1852. af that County ; ; this Province ity of Hastings, )f Northumber- l Durham afore- : Commencing asterly angle of on of the Town- mit of the said ester) y, parallel to the boundary Murray ; thence, ine of the depth hence, vves^terly, or road between ihe Township of iiilioned limit, to slerly, along the en Concession A line, twenty-five ne in rear of the ovvance for road ly, along the last Quinty; thence, the first Conces- rig the last men- mt, to the water's water's edge, to the followinc^ limits, that is to say : Commencinsf at the soulh-west Yorkviiie: ansle of lot number twpnty-two, in the second concession fiom the Bay, in the Township of York ; ihence, alongthe westerly limit of the saiti lot, Boi'nJancs. northerly, seventy-two chains, twenty-three links; thence, on a course pnrallel to the front of the siiid concession, easterly, to Yonire Street; thence, along the westerly limit of Vonae Street, southerly, to the limit between lots Nos. 17 r.;u! IB on the easterly side of Yonge Street pro- ducetl ; ihonce, Mcross Yon;j;o Street, to tho easterly limit thereof; thence, alonii; thj limit between lots Nos. 17 and 18 atbresaid, easterly, forty-one ch"ir'.s, ten links ; thence, southerly, on a course parallel to Yongo Street across lots Nos. 18, 19 and 20, on the easterly side of Yonge Street, to the allowance for road between the first and second concessions from the Bay : thence, along the northerly limit of the allowance for road aforesaid, v/esterly to tliu place of beginning." i 9th September, ounty of Elgin, Described in the f this Province, llowing limits, of lot number ayham : thence, liains •, thence, 'oticession, totho thence, south, seventeen, in the )ity-one chains; the second Con- eleven ; thence, ve and eleven to ated 23rfZ April, ity of York, one escribed in the t of this Province lud lying within S rnixTKU AT nfrai scobie's stioam ruiNrixo EsT.vuLisnjiENT, TonoMo. 1S53. ^1 , •"!*' APPENDIX VV^^*.^,'^-»-- S, "v--^ *."w^ N. • .*','^*^ % '. TITLES OF ACTS PASSED IX 18.V2, NOT CONTAINED IN THIS MANUAL, BUT TO WHICH IT MAY BE I NECESSARY FOR MUNICIPAL BODIES SOMETIMES TO REFER. %* The Pages of Reference are those in the Official Edition of the Statutes. 18a2-l<; VICTORIA. CIUPTF.R3. PAOIS, I. An Act for avoiding iloubts which might otherwise arise from the Act making alterations in the Territorial Divisions of Upper Canada, having come into effect since the last General Election. -----__3 II. An Act to repeal the fifihand sixth Jiectiona of The Railway Clauses Consolid- ation Ad. __-------___4 XXXVil. An Act to incorporate the Grand Trunk Rail-way of Canada. - - 103 XXXIX. An Act to empower any Hail-way Company whose Rail-way forms part of the Main Trunk Line of Kail-way throughout this Province, to unite with any other such Company or to purchase the properly and rights of any such Company; and to repeal certain Acts therein mentioned incorporating Rail- w*ay Companies. ._------. > jo;) XL. An Act to incorporate The Cob mrg and Peterborough Rail-wai/ Company - 133 XLI. An Act to amend the Act incorporating 'Ihc Toronto and Guelpk Rad-way Company. - - - - - ' . ~ ' " " " ~ 138| XLII. An Act to authorise the construction of a Rail-way from Gait to Guelph - 145 XLIII. An Act to incorporate the Grand Junction Kail-way Company. - - 147 XLIV. An Act to incorporate 2V/e Hain'dtoa and Toronto Rail-way Company. - 155 XLV. An Act to authorize the Brantfoid ami Buffalo Joint Stock Raii-roa'd Com- pany to construct a Kail-way from Fort Erie to Goderich. - - - - 15s XLIX. An Act to extend the provisions of the eighteenth Pection of The Rail-way ^Clauses Consolidation Act to the Act incorporating The Peterborough and Port Hope Rail-way Company. -191 L. An Act to ameiid the Charter of the Erie and Ontario Rail-road Company. - 192 LI. ■ ^ Actgr Adjou cipn Afthir! mny cnce Afliriii Agricii K Alderii An Act to amend the Act incorporating The Ontario, Simcoe and Huron Rail' road Union Company. _-------._ LII. An Act to amend tlie Act incorporating The Bytown and Prcscott Rail-way Company. __---------_ LIII. An Act for the granting of certain Lots in the Town of Bytown to The Bytown and Prcscott Rail-way Company. - - LIV. An Act to authorize the Town of Dundas to grant its security to the Great Western Rail-road Company, on behalf of the Desjardins Canal Company, for certain improvements on the said Canal. ------_ VI. An Aci to incorporate a Joint Stock Company for the purpose of supplying 19fi 200 203 203 Alo-lioi Allovvn Allov Ainhen Aniiiin Aniiii.-il Arbitn rondti 61). Arrei nhlf, Aslicrii AsllC: in \v( AsSLVljl Agsessn Assess LXVI. An Aci to incorpor the City of Hamilton with Water. 036 LXVII. An to incorporate the i'rustees of The Hamilton Orphan Asylum. - - 244 LXX. An Act to ameiul the Act passed in the Session held in the fourteenth and fifteenth years of Her Majesty's Heign, intituled, An Act to amend the Act of Incorporation of the Magara Harbour an I JJock Company. - - - -251 LXXI. An Act to atnend the Act, intituled, J/i Act to incorporate tlie Orphans^ Home and Female Aid Sociity, Toronto. - - - . - - - 25! s ,^niClI IT MAY BE REFER. the Statutes, FAOEa. le Act making ing come into auses ConsoUd- . 4 lada. - - 103 way forms part B, to unite with lis of any such irpoiatiii^ Rail- - 129 11/ Company - 133 mlph Itail-way m — — IJO t to Guelph - 145 any. - - 147 'ompaivj. - 155 iaii-ioad Com- - 158 if The Rail-way ovgh and Port - 191 Company. - 192 jid Huron Rail' - 196 escott Rail-way - 200 Jytown to The - 203 to the Great 1 Company, for - 203 se of supplying - 236 llum. ■ - 244 fourteenth and nend the Act of - 251 e the Orphans^ - - -253 Abolition of nistricu, 81. ] Accounts, Aiiiiii'l, to liu fcnt to ttOviTiior (Ipiicrnl, ftJl. •♦ oft'ountii'B to l)C ciuiliicil, i:). •• of Special rnic nml s'nk- III!! fiiiid, to lie kupi, '^4. ail. " of 'rownsliips to lie au- dited, 7. Acts rcpcnVd, list of, Kl^ to 112 . Adjouriiiiioiit (if Meetings f Mutii- clpnl t'ouiiciis, 0. Aflnir.1, liiiMiici.'il, of ("orporations, inny lip iiivesiijiiiteil In ceriniii cnscs. "i4. Afflrinniion, instend of Onih, Oil. Agricultural lliiro u, AcitoeMiali'isli, 3.-)lio:t «. " Pocictii's, to forin, 3''j to ,15-' Aldermen, eiefiioti of, 31, IJl, 13.), " qiiaiitie-uion of, 31, 151, I.V.. 'i4!i, 27i,'i7l. " to lie Jiisiicis of tlie |H'nci\ lii. Alo-Iiou-es, |m ri'L'iil te, 0,2.1. Allownricc fir Roads !^ee Road Allowances AinherHtliiir.'li. Iliiiiis of, -l-irt. Aniiiinls, cr , 6(1. Arrenrat'cs of Taxes, how recovera- nhle, 1^4. IS.'). Asheries. to re iilaie Imildiiii! o(, '8. Ashes rr I'iiider- not I 'lie deposited In woolen lioxes, 10, 21. j AssCffsmeiit .Xi'ts <>li, repealed, 101,! Ki.). : " " New, prcvisiiiis of. I(l(i (0 l3i. ■' " do, .Anieii'lnientof, 281 to 2 4. Ag5ess.Tli(e property. Kid. |(i7, H , Assessnienl, Ki, J ;i!t. lUdlo l8i, 274. " il 1' oh :;li, ippe..l fioni, IT'-'. " iiroire'iv li.'ijjlet,- |(iii. 107, It, J- i. 2.-2, ■•'. >l. " pr.ipir >■ li i> leio, in wliat pl.i'-es 07, !(>.- *' in i ow nsliips and Conn- lir.-i to lie liy i.-.s;ini,iir, Id . " ill I'i.ies and Inrorpura'e I I HUMS, Ki- " liuw y riy value Ibiliidlo ni^ike. II)'. " t\ic ye,.r precediie.' sep.ira liOii (..t L'liioii 01 t'uiin I (te^. 10 liel^-nj,' to ilie j I Jijoii, ?4. INDEX. Assessment, Dlgtricts,how forined,100 " exeniptiun troin, 2-2. " 10 lie ncKtal value, 170. " Roils, form, niid contents of, IU1»,274. " " when to he com- pleted, (71. " " how to lie com- pleted, 2H2. " " County ("oiiiicil to have co|iies of, 173. " " r. vision cf, 172, 173. 18>, 282, 283. 281. Assessors, appoiii'iiient of, 7, 42, l.Vi. " q lalificailon of, 41, 42. " term ot office of, l.>2, " vacancy of otiice oi, how tilie I, l.')2. " niiinlier of, 132, 109. '• diii.es of Kill, 171, 180, 2,4, 2tt3. " to Hive notice to parties i.fc»es.~e I, 171. " ceitilioiite liy. 172. " certitie,! roll hy, 172. Assize TdwiiB. Act appne.l to, 02. AiMil of Accounts, 'lowiisliip, 7, 44. " " I'ouniy, 1 3, 44. " " Corjioraliou, 44. Auditors, to lie appoinie.i, 43. " oaili of II. " powers • f, 44, 275 " iniisl publish iiccounts, 41, ISailiif. High, to huappointel,33, 135. Uiil\er's Oveiis, to rcfjiilaie. If". Ilaiil\iiig, not ullowid by C'orpora- tio:is, ,').'). Ilarrie, Limits of, 227. Hailiiiig, 10 re.;uliiti;, 24. Ilellevilie, l.iiniis of, 0.), 147, 118. IjOuiis of Ullicers ol '1 ownsliips, 8. " iMuiiii.ip.ll Corp r:. lions, how e.veculcil, 00. Rookj! of District Councds, lo lielong to Vliiiiicip d <.'orp>..raiioiis. M. DooKsot liis.rict Coi.iiciit, eniliozzle- iiient of, oil. " " refusal to give up, 30. " for Bpecii.i and sini< ng I'un.!, tu o aciO. lilts 10 lie i\ep(, 244. Borrowing iiici ey. In, li, 1.), -.JO, at>. ,•/ (/ .-te l.uaiit. i;onnd;,fy Line.-, 7, IP, 22!l lo 238. " " A..-1 regulaiing, 22!i to -.;;>.-. Honndaries, pl.iceil iiyorlerof (Jo- VI riiment, in liu die true Oi.es, 2.J1. " of l)i\ isl'.ns ijf Town.-. Nil iiLes. cSlc, (I'liver iii.r iii.,y ..lier.lj-, -j, I. " of Ci.li .«. 'J'l. wns, a lid V'ill,ii;es. 01. Hec caik v/iv 1)1/ time. ricwniaiiville, 1 ouir/ianes of. 302. Dr.mi'loii, hoiiiiil ri sot, ;iOo. ir.iiulo'' I I inii s I I, It), hr.iiii, t'oaniy uf, ni,.y lie iiroclaiine I, 2-ii. Bread, A -size of, 93. Urid(;es, driving fast over, 0, IS. " mny be Imllt, and Tolls taken on, im. " lieiween two Townships, lU. " between two Counties, I'i, Itrishion, boniidiiries of, 303. Ilrighton, Limits of, 340. lirid/re Cumpuitiei. See Road Com- panies. llrockville. Limits of, 07. Buckets for fires, 18. Bui lings. Public. See PublioBuild- inifs. By-Laws, power of Township Mii- iiici|)iilities to make, 7, 132, 133. By-Laws, power of Township Mu- niclpnlities to ie|)eal, 11. By-Laws, power of (,'ouniy Munici- palities to make, 13,331. By-laws, power of County Munici- palities to repeal, 10 By- 1 nws, power of Town Councils to iuake,3u, 31. By-LaW8,power of Town Councilsto repeal 31. By-laws, power of City Councils U) make, 30. By-Laws, power of City Councils to repeal, 30. By-Laws, power of Township of rttamlord to make and r'.peal, 342, 313. By-Laws, Copies of, to he had on ap- plication, 40. " verification of, 40. " may lie quaslied, 46, 276. '* made previous to 1850 saved, until re|)ealed, 47. '* p iiisliment lor violation of, .)3 " for diviiling Townshiiw nito Wards, to Le pub- lished, 2. " to alter Wards, how to be passed, 3, ( 52, 207. " copi('s of, how niithcnli- caied, 00, I.5U, 276. " Original to be kept in Clerk's Office, CO. " t)rigiiial to be open to public inspection, 00, " to apply ^n^pllls funds arising from public Works or -lock, 2 1. " to reduce tlie amount ol t^tatiile Labour, 171. " to iinthrrize Loans, 241, 240. 331'. .-Wl. " to anthori/e Loans, what 9' iiiiiKt 1 1; stated therein, • 243, 3.3(1. " to anihuri/.e Loans, how to be passed ..t a special nieelin::. -ilH.iiSi. " toaiiiliori/.e Lo'nis, notice of to i e published, 2^18, 2", 3.30. " to amlKiri/.c Loans, not tw 1^' rejjealed, 52, 278. -*.- *-•• 1 n By.Lnwi, to ninhorizfl Twliifflf! nfen ofTnit's. liW, •i4U. -ij;. • lo millu)rl/,(; rtiliirpil riiliM of 'I'lLXPH, miicl Ik" II I • provi-il of I'y lite 'Jovi r- iior or, 1:10. 2H1. ** (i r Wnrk'ii, .'il!», y?!*. Ibr I'fovisiuuiil Wi.r- iVii. •>!. " in I'rovi.iioMnl Munici- |i il (.'ouiiciis, -JSl. OinntrirH, 9.'t, l:i. OtTliorari, Writ i .10. (JliairniiLii to I o ;!ii|ioiMi("l when presiiliiitr oirii'cr iil'SM'hi, i ■ (!9win-l)0iircr, lo he h\VLrn,...'l. " noi 10 he rcl.iteil tu pfirticH pt'tiiiij! Kur- ve,\ s lu.iilc, :1'J1. rhanilicrltih fCiticH, diiiics of, j(i, lOll, "-•• J, a? I. .S'«!e 'VieaAHrrm. Charccnl, not to he ninde in Vill,'iL lT(i. '• Term of office of, l.Vi. •• S.iliryuffel, •* Cicrl-s to iii-'/ke for, 173, '71. " " form .nidcontciiiHOf, 17.x a74. " in (lofiiiK, how i(j he ir Miel, IW. Osmmoncrs. ''nvviiship Conncil to deciile wli;ii liall he, 9. Common .'^cliixils. See Sthoul Ati. Ooniniiitrition .Money (or Mitme La- bour, 10 See .'Stnuiie l.a/ioiir. Commutation. .Militii. \l\ l-i\). Constables, -iil. .'i.J. 47, 155. Cornwall, limits of. iV-^- Coroners for Ciiie.s aii'f Towns, \i. Owporations, Alunioipal, who .-irc Ilea s of, ;{7. .„ » heads of, to Ic J.i-ticcs of Uie Peace, 37. INDEX. CcrpornlionH, liemln of, Vacation ol County, Ftujownienl orr''irow»hip» (irliiTdt. :»7 " heailM (It, reHiitiinilon of, 37. " inmlvfhcy of iiiemi erit of, i v.iciiirH ilieirodice, ;,7. [ " to t'.ti ri'iite priweri) aiiill 4th Moniliiy in Januaiv, ;)7. .'iH " to e>eri Isc power* niiiil NtKM'esKurs hworii in. 4!1. " irjt lo (iMnt excluHivel rifhiH, :iM. I " niiiy piiri'liai'ecetnelrie:',!^. j " inii|i)rjiy ol, to lurin a ijiio- ; rum, °U " BnhMiiuieil for former cor- > piiniiioiiH, .>!. I " iKit lu net !i- l!ankcrH,.W. j " not tci isHiic l!(jlhl8 or Pc- ! I eiitiires iiless llian X'i5,, | ■u. " limy aiiiiii n/p roads and i Irl'lues III I f hiilii, 5i. • " may imilu.ri/e loUri lo be j " liilveii on rea(l» and i I liiluex,.')'. i " luceiiimtii.l lo be piihlic llO. 1 " to Illlike I y-P VJt aiM reyii- j Idle ta\( riisi, 1^7. " to ui. kc by I; ws lo license I tiivtriisi, ai;3. I " may ictpiire s'oia in Joint | iii.c'f, t 'o;iipaiiii's !(► . " may Icii i luoiii y to Koad | ('( iiipiiiiie.-', II:). I " may Mil srri! e fir Sleek In j (.rr;:t WeHiern Hailroad, ' •li-l. I " may acquire public works i leyoiiil their limltH, 317, :}IS. " iiiay coi'lract debts to the 1 CrovMi, vvithoul levying! a hpei'ial rale, 3'iO. { ' in.iy take ."^tock la R.ii(-| roaiJH, :i*t I ec. I I!'. 10 \ " Id continue iiiilil lin.rih .Monday in .l.iii lt-5 , (13. " , r.isiiii)F 3lsl Dec. If'41>, ; [ ' uerofuu'nihersij' aUo ! ooiitiiiin\l, ii3. I Councillors, iimpilierut in eachTown- j slii|i. I). I " uiiinlwrof in each Wa.d j offiiies, 31, I.Vl, -^73. j nouiitie, siihsiiunrd (iir Histrirts, HI. I Uliiiol, lisi of, Hl,(-1), ::i>:i. ; " " sfiiiur of. ^•2. " " jiif.io of. S'i. " " l|ow separated, 83 to f II roiiiily PiiiMin.'s, H, I3,'27,3;J. County Councils, 1 1 lo Iti. •' " each a Curpcration, II. " " composition of 11, 151. " " Meeting of, 11. " " pouers ol'. 13. 14. i5. Hi. 15), -213, I'lilverHiiy, 13 " liiii|iectiir» ol lloiisen of Ii»- diiHir\. 14. (.').! " Ovrrw 's of lli^tiwaytf, 133. '* f liKHK . ra, 13:1. " Hond .*^iii leyors, 153. " Diher ollici ri, II required, IW. " < I'rkd lo he appiiimed, 4'J. " diiilciiot. III. 177. " ■' u'rm of oilii-e of, 30, " Trfasorer, lo 1 e (ippointed, .W " '■ .-alary of, jU. " " DuiieHol. .->«, IGO. " Rate 10 lieappurtloiird In V'il- laiies an '1 «,« iin, -.'WI. '♦ Heliln when Towiinhip isilc- inclied, •.:>-7 " I' ITS, appoiiiiiiieiii of, after »i i iratiou ol Lulled Coun- ties, j-4 " DiviHioii .AclH, HI to 04, 130 10 I :!■.', -Jr-jloiUl. County of Addini;toii, Towusliipa compo»iiii^ it, 'Jill. " of l!rairt, •• " '21W. of iirii e, " " ana. " ofCarli'lon, " " atll. " oflMinias, " » aOl. " of imriMiii, '* " am. ofi;iKin, " " '-l)-2. ofi'HM'x. " " ai)2. " of I rohienac, " " ".'91. " tif (.lennary, " " ailO. of tireiiville, " " aill. •*■ ottirev, " " ana. " ot llaMiiiiaiid, " " aii:). ofiiaiion, " " ana. of llasiinL>', " " '-iltl. of Huron, " " aiia. " ofKeui, " " -JUa. 01 l.amlitoti - " aoi. ol Lanark, " " aoi. of Leeds " " aoi. " of Lenox, " " aOl. " of Lincoln, " " ail3. of Midiliese.x, " " '.;9a. " of Norfolk, " " aiia. "* of Norilinmlierland, " aill. ol Oniano, " " aiia. ofoxlord, " " ao:}. " of I eel, " " aua. " of Pen h, " " ana. " of re:erboFoui!h, " aOL " ofl'rescoit, " " aOO. 1 " ofl'riiice Kdward, " aOl. j " ofKeidiew, •• " 2flL ' " of Russell, " " 291. I " ofSimcee, " " 291. ; " ofr^K rnioiil, " " 290. I " of Vii-ioria, •' " 291. " of Waterloo, " " 292. ! " of VVelhimi, " " 2i«. I •' of Weill lyton " •' 292. of Weniwonh " " 293. ofYirk, " •' 292. Court House.s.iiiil tiaola In Ciiics, 3:), m. (Jre..iiors of Alunioipal Corporations, .54. Daiaa-Res, payabla by owners of ani- 111 lis iresp.issiiij;. I ', 117. Oai (!( rolls pi iC'.'-, aii9. 247, aill, :l:l', 211. I DelKv tures not to be issued as Bank " " ('utiesof respeclin;? ! iio'.es, ,)5. Schools. 2 1,202 \ i)eliisiUielivMunicip;il Corporations. County War!'-' F. lection of, 11,209, .il,24I. •r. . I. " how to 1 e p li 1, 51, .52, 214. I " Ilin, -ys, 12. " how tp he create ",5.', 278. (Jramm'r ^cliools. 13. " rates lo pay. how lo he "cot I'upiUlo UniVLru.ty, 13. lectcd, 5., o:Jj INUEX. lU y, Ftut)wnipnl of r"lft)w»ftip» ill CiilvrrHliy, Ml. liidliccfi.rH ol "lloiiHOd of Ii»- iliiHirv, M, l.'i.i ()v( rw '•< ol llli;hivny«, 133. K mil III • '\ 13:1. ItOdcl ."^iir icyors, I.')!. otiipr odici rji, II miiilrPiT, 153. i'l'rkH lo lie ji|i|i(iiiiU'il, 4'J. iliitiinol, lit. 1^7. iiriM orollii'p of, 30. 'I'rciiHurcr, lo Vv fi|i|)oiiue(l, 30 Milnry of, jU. ■ lllllil'H lit. .Ml, 100, Ri'Ue lo !• (i|i|icriiijiii il ill V'il- liitif's .'111 'I (,« UN, -JKJ. Delilfl wlicii 'I'uwiiHliip l»()c« mclicil, •■>! Dlli'iTx, !i|i|ioiii(ni(>i)t of, nftcr >f ; ir.'itloii ot L'liiiC'il Conn* lies, ?l DiviHioii .AclH, H) to 01, 130 10 111-.', •i^jlov,0^. yof Aililiiiytoii, 'I'owiisliipa coiii|iutiiiii; it, 'iOl. ofJfrnirt, " " ao-i. of lirii I', " " tiO'A, ofCiirli'ton, " " '201. of Hum :;iH, " " '201. of liiirliiiii, " " 'i1)l. ofi:iui(i, " " 'JO-2. ofr«M'x, " " '202. of IrOiiU'iinr, " " '.'91. cifl.li'iiHiiry, " " '200. of Crnivilli', " " '201. ofCrcv. " " '20-2. ol ilnliliii;,niiil, " " '2011. of lliilioii, " " •20'i. of ll;is|i(i;.f, " " '201. ol Unroll, " " '20-2. ol Kiiii. " " •20'2. ol l.iiiiilitoti " " UOi. of l,iiii;irl<. " " '201. of l.ccils " " '201. ofl.phox, " " '201. of Ijiioolii, " " '203. of ,'\Iiil(Hcai'.v, " " 'J9'2. of Norfolk. " " '20*2. of Nonliouilii'rl.niiil, " '201. ol Oiiiiiriu, •' " •202. ofti.vlor.l, " " '29;). of I t'fl, " " '20'2, ofl'crili, " " '2f)'i. of l'i';triiofouj.'h, " "201. oflrcsi^oit, " " "200. ofl'riiici' Kilwiird, " '291. of Ki'hfrew, " " '201. ofRiisHCll, " " 201. offiliiieoi!, " " '201. ofSli riiioiil, " " '200. of Vii-ioriii. " " '201. ofWnierloo, " " •29'2. of VV I'll. 111(1, " " '20;>, of VVl•ll^;^'lOll" " '20-2. of VVcmvvortli " " '203. of Yi rk, " " '202. llouse.>».iii(l Gaola in Ciiics, 33, ars of Municipal Corporations, ;i s, pny.'iMa liy owners of ani- irisp.issiii;;, 1 ', 117. rune I'lii--.--, ^liO. turos not to lie Issueil as Bank ■>.'>. lue liv Municipal ("orporalioOs, il,"-211. ow to I (' |i li'l, .51, 32, 214. ow 1 1 111; If:. If ',.)', '278. IK'S to pay, liow lo Ijc 'tXth ItictCil, o., j;Jj tK'hlf , * 1 1. .11. 213. " o rrovisioiial Miinlclptil Coiin- riu i.;o. •• of I'liili'l Coiliilli'si Coiliii-il wliiTc Hi'p.ir.itloa takrn plai'c, 01, 2 10. " to I re 111 I iiiUKt iiiMki' prn- vl!.;rs>orri, 11. Dissolution of I'liioiiH i.'f fonntles, (-•itiir-O 210. »• liuh li.v of .-enior County oii.-il'.t. " lia'iiililv olMiinior County on, -.ilO, -i'll. Districts, nlio'.iiion o.', '■I. Uistrici propuny, transferred to COUIltV, "0. Docks an 1 Whirvi'M, 22. Dogs, powor to lax, 0, 1211, l.')l. Drains and Waier foiirscs f, 14. Drivinii fast over r.rii!.ie.<, 0, I.'). '• ill lii':liw,iyri, 1."), 23. Dun las, liiniiii of, f-. Dundaa and liiiulpli Koad, proviso respefliiii;, 2- !. Dwelliiiijliouses not to l:c eiicroacliod on liy road.s. f, 1 i, 22. " in.iy 1^" evainlnni will, r('.73. " ulii'ii 11. Ill'; lield on proiier (l.iy, 11)11. " in 'I'ownsliips, 4,3, 100. " in I'olii'e Viilat;('.<, 10. •" in ritk's, 3, 131, 135, ICO, 2; 2, 273. * of I'olii'e Tnislces, 10. " of 'I'owiisliip Uievo, 0. " of To\\'iisliiii Councillors, 4, .-|. 0. •• of Town Reeve, '20. " of Deputy Touiisliip Hem e, (> •• o( lii'piii'- 'I'owii Keeve, '20. " vali.liiv of. 10 try, 4-.', 43, 4'i, I.'i7, !.>"* •• lionrs of lioldin?. 47. " special, notice of, 4^, 40. " ridjoiirnini'iit rjiiry, "' I'eiice \ icwers, to lie appjini. I 121. I " Dulies mid iifm 121 to 1211. ' Fetrlos, 111,14,41. 1 -mo 120. I •• .\ct lo rciji'lali', 113. l•'il!e^^. 10 levy, 10, l.j, 30, 102, 170 I •2.V). '211:1.31-1. ' I'ire liiii.'keis lo I." procure.l, H, '23. Till', to prevent in dwelliiig-lioures, 21.23. TiriiiK iiuns. crackers, squilig, ice, to prevent, 24. I'isliing in a Cor|ioraiion, to [/r^veiit, 23. I'oresialliiid, to prevent, 'i3. l'"oiiiifiins. Wells. riiini)t;,i5tc. topro- ciiTe and iirole.:t, 21. fJall, liniiis of, 70. (ianilillii(,', to prevent, '23. CiaoUof Couiiiles, use of Ly Ciiics, to lie paid for, n.i, 01. (i.nols and Conn lloiifcs, jiower of County (.'oiinfil lo prucnre, II. " po^eruf Provisional Councils, lo procure, h3. " in iiico'poraled Towns, 27. Codi'ricli, lioiiiidarii's of, 3C1. (ioderidi, liniils of, 70. (Jraniniar Scliools. See Schools, QrumiHiir. (Jrand Jurors. See Jurors and Jury Law. Grants of money liy Townsliips, 9. " liy Coiinlics, 13. Oreat Western Rai road Aid, '222. Grey, County of, may be proclaimed, •280. (iuelpl), limits of, '2*20. Gunpowder, bow to be Itept, 19, 21, 4:(. Ilaldiniand and Wellnnd, 99. Hamilton, limits of City of, 74. " Gore in King Street in City 01, Act to \'esi in City, 330. irarI)onr.<, to regulate, 23. Hay, iJtraw, .ind toddiT, not to be put ill nihvelliiig-lion.se, 10. Health Utlicers, I'olicc Trustees to be, 42. Health, public, toiinjirove, '25. High Bailiifio be appointed,.33, 155. Highways, what are, 114. " in whom vested, 114. " Bides of through woods to be cle.nrc'i, H. " grant for iiniirovciuent of, 9,15. !llKliwnvs,lonn foriniinprovcim'nt of, 0, l.\'23, '^7. .See Lou* " iif I to piss through or- c'larls, wirds, I'lrdvns, &.C.. H, li.^J^J. •)0-,'270. " iniino.leiaic (Ir.viiig on, H, 13. Aec liiiiuU and Hood Ai- Itnr iiiif. lloii»"g of III liisiry, Act to rujjulnb', 1 1 1, 1 13. IloiiMes of Correction, II, M, 30, 36. Iloiiselioldrf, dellnltion of. 0, IK Huron, rerili, and llriicc, HI, HI " '• Aci lo di-iiiiiile l'enli.;M.3. Impounded Animals to be sold, 10, III), 117. Impounding Aiiimals, regulations lor, 9. Iiiipri-oiunent In lock-up iiousen, •*00, liicorp.jratcd Vill _-es, w li.it are, 20. " elections ill, •20. >« corpor.ue jiowers of, 21 to 20. " alwavs 10 be part of county, 137. " diiiii's iind li.iliilities of miiiik'Ip.'iliiii's of, 131. " See eiiili hit iiiiiiie. Incorporated Towns, -M lo 31, " elecliiinsin, •27. " powers of Town Council, of. •27,311, :t I, -272. " when tlicv l.i''oniu citiCi, 3-2, •273; •2;i. " See each hi/ name, Inlii: trial Farms, to lirovlde, 30,4*2, 43. Industry, ITouscs of, to provide ftjr an lestalillsli, 13,3(1. " Act to re.'i!late, 114, 115. Iiipersoll, limits of, -203. Innkeepers, •2.3, 3H, IK7. „ licenses to, 0, 2.1, 38, 1R8. Inns, regulation of, 1», -^3, 38, 187, 3'23 . Insolvency, diriiuaiilies mcinbers of .Municijial Corporaiions, 37. Ii'specting Trustee in I'olice VillagCB to be elected, 10. Insiiectorsof public houses, 187. " " duties of. 168. Joint Stock Companies, Act to nutho- " ri/.e, 95 to ICO, 311 to 314. " to keep books open to inspection, lull, " may sue for calls of stock, 104. " must keen tlielr roads in rep.iir, 105. " or be dissolved, 103. *• may take m.iterials for coiisiructioii of roads, 344. " Townsliit) Municipali- ties may take stock in. 0. " County Municipalities may take stock in, l5. Jugglers' exhibitions, to regulate, 10, Junior County, wliichto te. ^. " ;» to i)ay part of debts Of Union, 83. Junior Townships. •2, 3, 4. Jurors, Grand, of the Rc:ordcr'8 Court, 34. " for County Courts not to be tnken out of Cities, 31, loJL ifu^ ^:^^^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 11.25 |4£ 1-0 Ui us IIIM 2.2 U 11.6 Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 87^-4503 i-\ ^ M L17 :\ \ - ^ .V c^ '¥'' ^4^ ^ \ti *iv / ti... Juron, qunliflcntlon, dlgqunliflcniion " anil ex. iiiption of, 'M7 to aU(», 308. 3U0. " selection nnd distribution of, " " fees for, 31M. " payment of, 30O. Jury, Law of 19Jl) and 1851, 207 to 308. Justices of tlie Peace. 29. 32, 33, 17, 118,130, 134.372,281 " qualification of in certain cases, 4J. Kent nni'. Lanihton, provisions rc- speciinj,', 87, 88, 91, !»2. Kingston, limits of Cjly of, 73. " Coiisolidated Loan Act, 348 to 350. Ladders to be placed to houses in Police Villascs. 18. " " in Incorporated Vil- lapes, 2.5. Lambton, Connty of, may be pro- claimed, 280. Lands jn'.iiite I or leased by Covern- inent, list of to be furnished to Comity Treasurer, 175. I/svying moneys by Townships, 11. " by Contities, 1(1, " by Towns. 31. " by Citie-!, 30. Licenses to Public llouacj. Hee Inn- keepi rs. ' " to Livery .Stable Keepers. See l^ivery titablcs. Lime not to be dijposiied in houses Iji Police Villaye-s I!). Limits of Towns and Villages. See the unme of eaih one, Lincoln, HaldinianI and VVelland. jjrovisioiis respecting, 8'^. Liiic-ftnce-! and Water Courses, Act to regulate, li'l lo 12li. Lines, Bousidary. Ate Boundary Lines. Liv(;ry Stables, 30, 15 1, 272. Loans, Muiii.;ipi:l Fund Act, 311 to , 3!7. " U'v 'J'owns'.iips, 5 1 , 2 1 1 to 240. " 'by CounlicB, 1.), 31, 211 to 210. " hv Villases, 15, 31. 213. ,. " by Towns, 1.3,51,213. ,i " Bv-Iaw to raise, to be passed, '213. f «' By-law to raise, to be passed, requirements of, 244. ■ " pavable within 2i) years, 52, 242. " created under Loan Fund Act payable in 30 years, 33ii. " when too much money will be raised to pay, how spe- cial rate may be substituted, 242. " by Government, Act to au- thorize sale of, 319, 320. Lock-up Houses, 21, 129, 130, 137, 138, 209. » expenses of carrying persons to, 130. London, limits of, 70. L'Ori!!inal, limits of, 228. Lunatic Asvlum Tax, 183, Magistrates, 29. 32, 3% 4' . 1,)4. 272. 281. *'. . » Police. See Police Ma- gistrates. Mandamus, writ of. 40. Mayors of Cities, elections of, 31. •' absence of over three months vacates otiicC|°37. INDEX. Mayors, qualification of, 31 . " powers of, 4% | " new one to be chosen in ctise i ol a vacancv, 49, 278. '• to be head of the City Coun- cil, 37. " to be Directnr of Railroad In some cases, 322. Mayors of Towns, to lie clccterl, 27. " to be head of Town Council, 37. " absence of over three months vacates olfire, 37. Meetings of Muii!ci;i;d Corporntions newly elected, 0. " when. 0." " pre.«iiliiig otriccr of,7. " spu-hil mav be called, 0. iMrnoiiiats. 119, )-iO. Militia Commiitaiioti. 119, 120. Moniiinoiits on boundary lines, to erect, ID. Municijjal Corporations .Act of 1849 1 to 80. " Acts repealed, 1(10 to 11.3. " Amendment of 1830 " l:J3loH>2. Amenilment of 1831, 211 to 281, 283 to 287. " Amendment ofl8.J2, 344,315 ,aili. Miuiicipal Loan Fund Act, 3:51 lo .337. New Townships. See Totrvahijis, ■; 130, Nia^'ara, Limits of Town ol", 7i. '• Market, 119. " Falls toiifike by-I,-;\vs for better govi-rtiiiipat of vici- nity of, 31i, 3!,3. Notes or dcbeiiturcH issued as money, to provirjn for pnymeni, of. .'4. N(iisr:nr.s. power of Incorporated Viliases to abate. 21. Oath of Odice. to be taken, 40, 41, 13(!, 275. " -.-.'hereto be deposited, 39. " penalty for refusal to take, 41. I,)0. " " exception, 41. " consequeni.eof refusal to take, l.')9. Oaths, pDwer to administer, 39,49. Obscene Languasje. to prevent. 24. Officers, Township, to remain in otlico, 5. " to be appointed, S. " termofofliceof, 7. " term of office of. in case no election of on day appointiid. 49, 109. Ontario, County of, may be pro- claimed, 28(i. Orchards, ro0. Police Trustees, election of, 10. " power and iluiies of,18,42 " to h: lieallli officers, 42. Police Village.-!, lii to 20. " general ri'iriilationsof, 18. " County ( 'oiincil to deline limits of. Mi. " Election of'l'rii.steesof.lO. " pow(!r of Trustees of, 18, 42. " duties of Trustees of 19, 12. I r-)'! Hooks to be kept, i". j I'o !iii;; I'l.-ices to le opened in each I 'iVnviisliip, 3. " to vole lor ileht to be criMtLvl MnliT Loan Fund An, '131. Population of Kill treciiolilers and lious"Vol ier!!. eiitilles tliein lo be a si'imrale Townsliip, 3. Port Hope, limits of. 7 J. 149. I'ouiiil-ket'per to be appointed. 8. " to proi-nrc ponii Is, 110. " lo n'll aiiim.d-i im- pounded, li). 110, Pounds. I,aw respectiiiL', 110. PuudiT Magazines, 43. Powiirr, Keu'iilntions for keeping and sale of, 1-). 24. Prescott. limits of, 73, 130. Presiding officer to be appointed, in case of absence of Reeve and Uc- I'uty, 7. Preston, limits of, 2nO. Provisional Councils, how form'd,e2. " first meeting ot, 139, 281. " powers of, 82 to 87,138, 139, 243.211. •• substitute for when separated. 138. •• presiding officers of,281. " may buy property. 83. " may aptioint otiicers,83. " to be a Corporation. 83. Provision.al Treasurer, to be appoint- ed, 83. Provisional Warden, to be appoint- . ed, 81. " to have a second or casting vote, 139,140. Public Biiildlnm Act. iK: .;(;9. Public Works, sale of, 314. " lio«' tr msterred, 314, 31."), 310. Put)I|iialion of l!y-Lnw. to divide Townships into Wards, to be made, 2. ii^^ftJ;c^ -.:i,, .V.-.- VjteW;- :S4 r )r Jircnch of By-Iiows, f, Ml, 5.'). rlircn(liofRP!!iiIniions,17 rliglitinu n tire in !?lreel oCn I'olii-e Vilinfjc, 11). r not lioldiiif! Election in Townsliip, 3, n, ;!4.>. !< of, 220. iiy of. Act to detach from III I'ruee. 31.'). i:il in imiler ilie Munici- ir.itioiis Act, S!). ill, limits of. 71. lis of, 72. 14ft. Its of \v;iri!so:', S-U. ecipireH, 1), I."), 209, roiiiifls. roads not to run ycc Ro Jils. lisirnles, •.8,;Mi,3=,30, 156 may ho rcconl^'d, 30. power of 111 cities, 3:?, 30, J.>0. itccs, election of, 10. power mid duties of,1P,42 to I.: henlili olliccrs, 42. igw, lii to 20. (!eiinr,ni reL'iilntionsof, IS. County Coiiiicil to define limits of, Hi. Kleciioii of'rrusteegof.lO. power of Trustees of, 18, 4-2. dmies of Trustees of 19, ■12. to do l;rpt. -I", cos to I e opciipr) in each 'j'ownslijp, :1. to vine fur di'ht to be criMtL-l III! liT Loan Fund An,'):"!!, of 1011 Iri'ciioldera and icri:. rmiilcs tliem to Ic i> Townslilp, •?. liuiils o!', 7i, II'.). er to lie appoiiiti'd.S. to pro''iire [lonn Is, 110. to rrll aniiii.iU im- pounded, lil, 110. w ri'spectiiiL', 110. ;.;azines, 13. ul.'itions for keeping and ),24. lits of, 73, 150. tficcr to he appointed, in jsence of Reeve and IJe- itsof, 2nO. Councils, how forin'd,92. first meeting of, 131), 281. powers of, 8210 87,138, 139, 243,211. substitute for when separated, 138. presiding ofticcra of,281. may buy property, 83. may apiioint otlicers.SI. , to fie n Corporation, 83. I'rensurer, to he appoint- IVnrlen, to he appoint- ed, 8:1. to have a second or casting vote, 131), 140. Imis Act, l^;; 'M. LS, sale of, 314. Iiow ir iiisterred, 311, 31.), 310. of Dy-I.aw. to divide I Into Wards, to ho PubUcatlon of By-Law, to authorize a loan or creaie a debt, .ll, 248. Punislmiriit of oiremlers against By- LavVf, where no special provision is made, .'i.). I'upjiet tjtiowi', to regulate, 10. Qualilication, of Recorder, 35. " of .Assessors, 41. " of ..'dernien an I Council- lors :■! Cities, 01, 102,271, 272, -.73. " of Councillor.^ iiiTowMsliip.s lil, 102. 271, 272,273.^ " of'-'ounciliorsin Towiis,271. " of Voters, 39,102, 20^, 270 to 273. Qualificaticn, pro^ierty, wlien to talio edcct, 102. •' when not roquireJ, 219. Quarter Sessions, 32. " ceriain powers of, iraiis- lerred to .Municipal Couin-iis, .">7. Quashing By-Laws, Iti, 17. 270, 277. " C0^'ts of, 2.) 1,2(0. " noti^'o to prevent, 277. (lucenston, liinils ot, 22^. Quorum, a ui.ijority of inomhers forms a, 49 Quo Warranto, writs of, 44, l.)7, 1,-)S ijy. " costs of, l.')«. " [iractice of, l.)8. Railroads. See roads. Rates. See Aisessmenta and Tazra. Recognizances to he entered into he- fore issuing a quo warranto, 44,1.57. Recorder's Cuurt, 34, So. " jurisdiction of. 31, 35, l.ij. " oilicers of. ;j.). " sittings of, 31. Recorder, qualilicaiiyii of, 3.7. •' appoiiitiiientof, 35. •' power of, ;V). " snl.iryof, 31, 251. " may 'he i'olice Maujstraic, 30. " may h dd I)ivi>lon Courts in (.'ities,2.52, 2.')i. Redemption of Land sold for Taxes, 178, 179. Refusal to take Office, consequence of, 48, 159. Refusal to take oath of office, 41, l.)0. Register Office to be in eacli County, 85, 03, 285. RcL'i-ter's fee.s in certain cases, 290. Repealing By-Laws, power of, 11, 10, 20, 31, 30, 217, 2t-i. Representatives of Cities, 87. " of Counties, 289. Returning Officer, who is, 5, 275, 331 " to lie appointed, 2, 3, 10, 2), 20. •* powers and duties, 39, 47, 48, .33 1. " to he conservators of the I'eace, 47. " to have copy of By-Law divi ling Township into Wards, 3. Reeve. See Town Reeve and Town- ship Reeve. Revision of .\sses5iiiinit Rolls, 172, 173. Ricliiiioad, limits of', 79. Riding or Drivina fast over roads or bridjtes. to prevent, 9, 15. Roads, width of. 51. " and Bri Iges. in Cities and lu- corpijiaici Towns, to |irj- viUc for r.,iairin;f,2i.J, 224. INDEX. Bo.nds, between two Counties, 12. " between a Couniy and a City, 12. " Governor has i)Owerover,Hll " in I'olice Villages, ruhhish not be thrown into, 20. " may he made and Tolls taken tliereon, 57. " not to pass throiiffh Yards, (iardens. Orchards, &c., 8, 1 1, 22. " not to pass tliroiigh Ordnance properly, 5-. " on the hounds of a Town or j St. Thomas, limits of, 200. tions against Municipal Co»- porations, 52. Shire Hall to be repaired and kenL 12,13. ' Shows, to regulate, 10. Sidewalks in villagn.s, to protect, 25. Sidewalks. See roads and liighways. .""inicoe, limits of, -^20. Sinking Kuiid, accounts to be kept, 241,21.-), 3.34. Smoking in certain places in Police Villaues prohiliiteil, 19. St. (-'aili riiies, limits of, 73, 150. Tncorporaled Village, Vi old, may he told in some cases, 279. passinu tli'Oiigh private jiro- pertv must he |ni I for, 58, 5il, 2(19, 270, 279, 2-0. passing through private pro- perty, value of, how ascer- tained. 59 , (10, 2-0. power of Corporations over, 8, 11,22,50, .57,58,59, 219. Rail, aid, 221 I Stamford .^lunicipaiity authorized to make certain by-laws, 312,34.3. Statute l.ahour, to compound, 10,170, 17I,2i:9, 270. •' to enforce, 10, 200. " 8-ale of, 171. " scale of, may be reduced by By-Law, 171. Stove-pipes, to regulate in Folice Villages, 1^. Straw not to be juit in dwelling houses in I'olice Viliaws, 19. Hail, general clauses relating Sfreeis of Towns, watering and to, 321 " " (Jr.'.it Western, 2:2. " Rail, from liraiiifurd to Buf- falo, 322. " " Toronto, Si lucoe & Huron, •J2I. " Rail, 'Tram, Road Act e.vtend- cd to, 103, 101, :;2>. " vested in Her iM.ajetiy, 101. Ko.ad Allowances, not to be stopped lip, 50, 101. " Iiow to open them, 8, 14, 22. 27, 30. I2«. " in Ciiii's, Towns. ;iiid Vil- IcL'e.i, to he iMihlic liio'li- v.'ays, 2J1, 235. " in Citi".s, Towns and Vil- lage-, 5!i, l!)l,27!). " in front of Concessions, 5!5, 279. " in Side Lines. 50. 270. " Some may be sold, 5',i, 101, 270. •' Stoppinaup, 57, 150, 101. Road Companies, i), 1,),!).), 106, 1.53, 223,224, 279, 311,31.), 311. Road Surveyors to be appointed, 8. Rolls of Collector's, what to contain, 274, 275. Rotnney and East Tilbury, Act to separate, 341, 312. 310. " " in County of " " York, 220. " " in London llis- trict. 211, 210. " Lands.\ct. 2i7, 219. School sites, Vcstiim .\ct, 218. " " to procure, 7, 13. Seal, t^orporation to have, 2. 11, 29. Senior County of Union, wdiieh to to lie, 82 " '• liahilitics of 219, 2.)i). Sheep and swine, to restrain from running at larue, 9. Slieriif to sell lands for taxes, !73, 1-^it, l«". " to civu del- is of hinds sold f.ir t i.vi's, an i nm releeuind, (79. " pe laily on, for not doing his duty, is|. " how punisliel for neglect of duty, Hii, ISl. " duty of witli rij^pect to e.\ecu- '.K- BAei'ping of, .30. Streei.s, see Ronih iiud f/i^r/iirnijs. Surplus money after paying debts and sinkinj fund, 214, itO. Surveys, power 10 make, vested in 'i'ounship Councils, 13tl. " Act reL'iilaling, 22!) to 2:}8. " " " ameiidmeiitof,2J5 Surveyors to keep journals, 2;J7. " t ) adini'nisier oaths, 237. " to have standard measures, 295. '• to he licensed, 324. " of roads to be appointed, 8. Taverns Hce Iniis mid liinkiepers. 1'averi) License Act, i^'^ to lf;8. " Amendment of, 322. " Imperial duties on. 23-, 239. Taxes, how recoverable, 171, 175. " County. priv.Mile hvTown.ships to he li.\e I by l."y-Law, 173. " I/inds sold for, 179, 184, 185. " None to he levied in certain cises, 216, 217. ■* " Old back, how recoverable, l-'4, 185. " On Dogs. See doas. " Reduced rate of,to ho levied in certain cases, 245. Telegraph Coni[)anies, Act to incor- porate, 3.59. Telegraph Companies, general Act to Incorporate, 3,59 to 302. Territorial Divisions .\ct of 1915, 130 to 132. " of 1851. 295 to 294. Thorold, limits of, 80. Tilhury East and Roniney, Act to divide into separate coriioralions, 341, 342. Tiinher, protection of by To wnsliip.g. " by County, 14, Timber, snnd ami stone in rotids, powe||gf Township Councils to sell, Acc.^k Tippli^lioiises, to suppress, 93, Toll, line for evasion of, lOJ. 103, " I'.M'mpiion from. 134.210. " Rales of, 10.). 312, 310. " I'ower to levy, 153,270. Torboltoii, -Vet to legalize and c8n« t'nuc tliu corporation of, 311. VI INDEX. Toronto, Slmcoc and Huron Railroad aid, !»1. Toronto, Iimit8 of, 75. " ConBOlidati d Lonn Act. •• old Act of lncori;oriition, 117. " St. I'alricli'B Ward, Acl to divide, 340. •♦ " " diviHioii - '• " of, yoj, •• " " 3WI. Town Reeve, 20, 93. " Assize, ti'i. " and ('ities no part of Counties, 137. . •• Councils, powers of, 30. 31. *• erected into Cities. ■-'.'» 1 , 273. •♦ " " liability of,4)l. " in Scliediilc I), first division to be a liody corporate, &i. •* inScliediile 1), bi'i'ond division not to hi' a lody corpornte.O'i. ^ " In Scliedule D, sccoikI division may lie n tiody corpor.ite, l3. • W.nrds in, Governor may alter, 63. Towns Incorpomted. .See Ineor- poraled Tuiciis ; aho, each by name. Township, Munii'ipnlities, 1 toll. " e.iclui Cornoration,!. *• Boundaries, 10. ' " Councils, duties of, under *• Councils, power of, 7, F, 9, 19,11, l5->, l,-)3, 1^7, v!S«. " Councillors, miinlie'- of (I. - ** '• el(;ct'Oiiof,4,5,6. *• division into Wards must be piilili.-lied, "2. •* Fence Viewers, 8. " Hall, 7. ** interpr«talion of word, 9. , '• may lie divided into wards, 2.3, 152. " Officers Act, 116. " Officers, duties of, 9. *• Offiwrs, remuneration of, 8, U. ** Officers, nonds of, 8, •♦ Pound- keeper, 8. " Pound, 7. " Property, 7. ^ School Act, 196 to 201, ^ " School House, 7. 2 '• Surveys, attaching of to ri . d» others, 15. Townships United, geparntlon of. 3. " Wards of, may 1 e altered, 3, 4, 1.-)2. " Works, 10. Townships, on l.iikrs. Fivers ond liiivs, 21-H. " dcliic'liel, list of.2!)4. " new, list of, 2!i3. Treasurer nni ("htinil/crlaiii. duties of, .W, 1(10. 173, i;0, 177, nit, 241, Ut-S. 284. aSo. Trenion,Vill.i^'eof, Incorpnraled 300. " " lioimdarie.-i of, 300. Trustees Police. Sec I'ulice ViUitgea. Tunkers, 110,120. Union of 'l"ownships, 2, 130, 107. " " separation of, 4, 1 J2, 252. United Counties, PI. " IJy-laws of, in force iiijuiiiorCoiiiities oiis('puralioiisi.2dl. " By-lawhcf, ill force in towns wlien tticy licccme cities, U.-)l, " dis>.oliition of, 82, " how tcpnrntrd, 82 •• laWi« of Districts 10 apply to, (•2. " list of. 69, iiO, 2;1D. to W). " property of, 81, 83, 2«(). •' venire, 82,85.80, 89. University of Toronto, to bend Coun- ty pupils to, 13. Vacancies, liow to be filled, 17, 48, 49, 132, l.)i», 100, 278. Veiiifo, H2, 8,-), 80, 89. .- Victualling houses, 9, 23. Vieiiiin, incorporation and bounda- ries of, 300. Vil'ages, Police, 16to20. » corporal iwwers of, 20 to 28. " IncorporAted, 20 to 20. •• when procinniation to take ctlect, 03, 04. Villages, plans of, to be deposited in Rejiistry Office, 2.15. '• " penalty for not depositing plans, 230. •' boundaries of. Set the name of enth Villagt Sfliiiralelii. Vote cnslinp, 49. 13!i. 2('9. 270, 2P1. Voters lint, 5 0, 20-. 270, 271. " qii.!lific;nioiiof,0,39, 102,209, 2:0 to 273, WardensofCoumie.s to le heads of County Councils, 37. " " nbseiice of over time months, vacfilcs office, 37. " " new one to .'lie chosen in c;;3n of n vacancy, 49,278. " " to lie chosen, 11. Wardsofciiies, 3.3, 274. " aiine.xatioii of outer wards cf cities, 3.3. " division of townships into, 251,207. " division of townsliips into, 3, 2.')1. " nuuiherof in eachtown8hip,4, " redlvision of townships into 152, 2»7. " township, may be altered, 3» 4, l.-)2. \ i'ater-courses. Act to regulate, 121. to 120. " construction of, to provide for, 8, 14. Watering and B\i'eeping streets of towns, 30. V/aierloo, County of, may be pro- clainmd, 280. VVeedj, noxious, to destroy, 10. Weiglits and measures. Act relating 10, 310. " power of in- corporated villages to re- gulate, 23. Welland, County of, may bo pro- claimed, 280. Western District, Act to divide, liK. \\'harves and docks, 22, 2-1, Witnesses, who shall lie competent, .'50. Wooden houses, to prevent erection of in cities, 30. Woodstock, limits of, 227. Work-houses, 30. Vards and pleasure gro'inds, roada not to go llirough. Sec Roads. Vork ville, incorporation and bounda- ries of, 300,30?. f'i.i%'' ^i^^^^ ^' ^^'r^'i^ W' m %'- m itk- name of eath Villagt stpnrnfchi. C, 4(», 1311. 'iCfl, 27(1, 2(=1. 5 0, «(l-, !>70, !>"!. ifir!ilinM(jf;(l,39, 102,208, to 'JTU, I'oiimics, to le hends of (.'oii Illy Councils, 3T. " nbscncc of over three luomlis, vncntcs office, 37. " new one 10 ,'l)e chosen in cnan of a vnc'incy, ■lit, 278. " to liccliosen,ll. lies, 33, •J74. 'xntion of outer wards of ies, ^l. sion of townsliins into, I, «(i7. ion of townships into, 3, rer of in ench township, 4, ision of townships into , 21(7. ship, may be altered, 3, ■1, !.)'2. es. Act to regulate, 121. to 1-2(1. coiiBiruction of, to provi'le for, H, M. id Bweei)ing streets of ounty of, may be pro- '«. ious, to de.-troy, 10. 1 measures. Act relating 10, 310. " power of in- corporated villages tore* gill ate, 23. unty of, may bo pro- 80. itrict, Act to divide, 12S. [1 docl