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. i-?. I/. 1.0 I.I "' ||||M III 2.5 III3.2 m 116. IIM 120 1.8 1.25 1.4 1.6 ^ 6" — ► V] >n,v^ BY-LAWS OF THE VILLAGE OF PARKDALE \ \. IN THE COUNTY OF YORK. AND EXTRACTS FROM STATUTES OF ONTARIO. TOEONTO: T-EINTED BY MOORE BROS., CORNER SCOTT AND COLBORNE STREETS. 1879. '*" \ I BY-LAWS OF THE VILLAGE OF PARKDALE IN THE COUNTY OF YORK AND EXTRACTS FROM STATUTES OF ONTARIO. TORONTQ: PRINTED BY MOORE BROS., CORNER SCOTT AND COLBORNE STREETS. 1879. r/023' By-la PRINTKD AT THK OIFICK Ol- THK PAUKDALi; AM) UUOCKTON GA.^KTTK, UY MOOK'I: P.UOS.,. COU. SCOTT AM) C0I,l;01iNE STS., TOKONTO. CONTENTS. Page. By-law No. 1 — To appoint Clerk, Treasurer, etc., for the Village of Parkdale 5 " 2 — To appoint place for holding Meetings of the Council 5 *' 3 — To establish standing Rules and Eegulations of the Council 5 " 4 — Relating to Snow. (Repealed) 5 " 4 — For the Regulation of Streets, Sidewalks and Thoroughfares, and for the Preservation of Order and Suppression of Nuisances therein 6 " 5 — Repealing By-law No. 4, relating to Snow, passed 5th February, and substituting By-law No. 4, passed March 5th 15 *' 6 — Instructions to Clerk 15 7— Relative to Public Health 16 " '* Schedule of Forms 23 " 8 — Relating to Treasurer's Sureties 25 ** 9 — To prohibit Dogs from Running at Large and to Tax the Owners thereof 25 *' 10 — To provide for Grading, etc 27 " 11 — Making — Chapter 187, Revised Statutes of Ontario — entitled : " An Act to encourage the Planting of Trees" — applicable to the Village of Parkdale. 2T 121011 -t:^ 4 contents. Page. By-law No. 12 — To provide for the appointment of a Pound- keeper and to regulate the Pound of the Village. 29 " 18 — To prohibit the Sale of Intoxicating Liquors ... 34 ■** 14 — Assuming Liabilities of constructing Sidewalks and Crossings on the County Koad 35 ■" 15 — Relating to Debentures 35 " 16 — To define the ])utie8 and regulate the Remunera- tion of the lioad Overseer... 35 << 17 — To regulate the Markets and Licenses 37 " 18 — To provide for the Preservation of Public Morals 41 Rev. Stat. Out. — Chapter 188, To prevent the spreading of Canada Thistles 42 ■" — Chapter 201. For the preservation of Small Birds 45 A Mu^ TO A iTO AP TI m < Therefore the Municipal Council of the Corporation of the Village of Parkdale, enacts as follows : Foot Passengers. 5. Persons meeting 1. Any person or persons in meeting and passing another other^Tpass on or otlicrs shall pass on the right, and any person or per- the right. g^^^g Overtaking another or others and passing, must pass on the right, and any person or persons wilfully offending against this provision whereby any disturbance or confu- sion is occasioned shall be liable to the penalty hereinafter provided. Three or more 2. Three or more persons shall not stand in a group or stand1na°groupnear to eacli other on any street or sidewalk in such a manner as to obstruct a free passage for foot passengers, after a request to move on made by any Constable, or any person duly authorized by the Reeve or Council. street preaching 3. Notliiug in the preceding section contained shall be do™not'^obstruct coustrucd as prohibiting the congregation of individuals to sidewalks^ °^ attend and listen to street preaching, so long as the pro- ceedings thereat shall continue peaceable and orderly, and sufficient space be left both on the sidewalks and the central roadway to allow of the ordinary traffic of the street and sidewalks upon which such street preaching takes or'rMdwr^bi^^ place ; Provided always, that should the sidewalks or road- comes obstruct- way dm'ing such street preaching be or become at any time fes't'Jfremove"' SO obstructcd as to impede the ordinary traffic thereon, the TO UEOULATE THK STRKKTS, ETC. PREETS, OF THE 3E PRE- lESSION provision idewalks, Paikdale, te travel, ppression on of the I parties so obstriictin<:; the same shall, upon request as afore- said, forthwith remove i'roin such position, and in the event of their refusing so to do shall be liable to the penalties of this By-law. 4. No i>erson shall run or race on the streets or sidewalks, Kunning on the * • II XT <• 1. i , ' stireis or side- or crowd or jostle other loot passengers so as to create walks and incon. discomfort, disturbance or confusion. viMiiencing foot passengers. Horses and Vehicles. 5. No person shall drive aiw carriage, cart, waggon, sled, Persons driving sleigli, or other vehicle, or sit upon any horse or other beast stmng"rci'us'!^^" harnessed thereto in order to ride or drive the same, nor shall any i^erson ride or lead anj- horse, mare or gelding, unless he siiiJl have strong reins or lines fastened to the bridles of the beasts, and held in his hands, suflicient to guide them and to restrain them from running, galloping, or going immoderately through any of the streets of the said Village. ? another n or per- lust pass Difending confu- reinafter group or such a isengers, , or any shall be iduals to ;he pro- rly, and iind the le street g takes or road- ny time eon, the 6. It shall be the duty of every driver or other person Persons in in charge of any vehicle conveying goods, wares, or mer- kfconveylnl!"^" chandise through the streets of the Village of Parkdale, to «°?,;^Vr°w';dk''*" remain upon such vehicle while the same is in motion, or ^^fj^^^_'e.^"je saine to walk beside the horse or horses drawing the same ; and every such person shall observe and comply with the pro- visions of the one hundred and eighty-third chapter of t}ie|l^.t^Va"km°j[of Revised Statutes of Ontario, relative to the meeting or ^■''''''^''^^' overtiiking of vehicles upon the public highway. 7. No person driving any carriage, cart, waggon, sled, r,s.o.,c. 183 sleigh, or other vehicle, or riding upon any horse, mare or gelding, shall cause, permit or suffer the beast or beasts he shall ride or drive, to go on a galloi) or other immoderate i!"moderate , T ■=■,.. '^ ^.,. , , ,. ruling or driving rate, and every person drivnig or rjdmg along any public street or thoroughfare, in the Village of Parkdale, shall slacken his speed in approaching any crossing for foot passt'ngers, upon which any person may be crossing such public street or thoroughfare; and no person shall suffer or permit any horse, mare or gelding, to run at large or to "?IrKe'^^r"s"ta"n^d- stand in any street of the said Village without being 8uffi-|,"f„'^'!' ciently secured to prevent its running away. ; without : secured. 8. It shall and may be lawful for any person or persons Horses running to stop any horse, mare or geldhig, found running at large go'.^g^at an im- or going at a gallop or other immoderate rate, until the may'be s'to^pped owner or owners can be found and proceeded with accord- ing to lav/. . ,, . " '" fc .! li I O TO REGULATE THE STREETS, ETC. Training horses. 9. No pei'soii shall break in or train any horse, mare or gelding, or shall exhibit, or let to mares any stud horse in any public place, or ii> any of the streets or parks of the said Village. 10. No person shall ride, drive, lead or back any horse, carriage, cart, waggon, sled, sleigh, or other vehicle, over or along any paved or planked sidewalk, or on any boulevard in the said Village unless it be in crossing such paved or planked sidewalk, or boulevard to go into any yard or lot for which a properly constructed crossing has been provided. stud horses. Riding or driv- ing on the sidewalks. IB sled, stree I I 14 I wagg j trucK : used perty said Owners or occu- piers of property 11. Every owner or occupier of any house, building, or requiring to lot, wlio sliall require to drive any horse, carriage, cart, sidewaiM^o en- waggou, sled, slcigh, or other vehicle across any paved or ^es, to consuuct' plaukcd sidewalk, for the purpoee of going in at any gate, fhe drafn"^^"^ ^^ ^° ^^^ ^^^' °^" ^° ^^^® ^^^^ ^^ ^^^^ premises, shall construct across the drain, gutter or water course opposite the gate- way or premises, a good and sufficient bridge of planks, so constructed as not to obstruct the said drain, gutter or water- course, and shall also place a proper plank along so much of the said pavement, boulevard or sidewalk as is necessary for any vehicle to p"ss over without injuring the said pavement, boulevard or sidewalk, but that where boulevards have been constructed no such bridge or crossing shall in any case project beyond the outside edge of the boulevard, but shall be sunk therein, level with the roadway, and no building material shall be placed on any boulevard or side- walk in this Municipality. Horses and 12. No person shall permit his horse, carriage, cart, fng'in^thl st?eet' waggon, slcd, sleigh, or other vehicle, to stand upon any street in the said Village longer than is absolutely necessary for the owner, driver, or person using the same to transact his business with the person opposite whose house the same shall stand ; and no person shall tie a horse to any post, hook or ring, or in any way across any pavement, sidewalk or crossing, so as to obstruct the ordinary traffic of the street, or to any tree or tree-guard, or leave any carri- age, cart, waggon, sled, sleigh, or other vehicle, standing opposite any other person's door than such as the owner, rider, driver, or occupant may have business with ; and no person shall in anywise obstruct the free use of the streets or sidewalks of the said Village, or the crossings across the public streets, or any of the approaches to the wharves, by stopping any horse, cart, carriage, waggon, sled, sleigh, or other vehicle across the same, or by any other means. 15. the land, cliap( publi pave(' ^obstr I the p j 16. iowne] AND CoAL. I 20. No person shall throw or pile cordwood, firewood oi'i^ouob^f placed coal upon any paved or planked sidewalk or boulevard in «" 'i"-* side- the said Village, or shall saw or split cordwood or firewood upon any street, sidewalk or boulevard in the said Village, and no person shall stand on any such sidewalk or boule- vard with his wood-saw and horse, so as to obstruct a free no" to obstnlct' passage for foot passengers or cause injmy to the grass or ""• -^k'' "•ai'<'- trees. Nor shall any person being the owner of any cord- wood, firewood or coal, which has lieen thrown or piled upon any street in the said Village, permit the same to remain upon such street for a longer time than two hours, so as to obstruct the free use thereof. Merchandize not to be placed on tlie streets or sidewalks. Goods not to be exposed on the outside of shops. Merchandize. 21. No person shall place any goods, wares, or other merchandize, or other r.'iicles of any kind, upon any street, or upon any sidewalk, or hang or expose any goods, wares, or merchandize or other articles, outside of any house, shop, warehouse or other building, which shall project over any portion of the sidewalk of any street or over any street of the said Village. But the provisions of this section shall not be construed to interfere with the use of a portion of such street or sidewalk for a reasonable time during the taking in or delivery of merchandize or other goods, or prevent the Board of Works from granting written permission to construct platforms across the drains, gutters, or water courses, on any of the streets of the said Village where such Board may deem it necessary or advisable to grant such permission for facili- tating the reception or delivery of merchandize or other goods, provided such permission in all cases reserves to the said Board the right to withdraw the same whenever Lhe said Board may deem it advisable. AUCTIONS. 22. No person, without first having obtained leave from the Auctions pro- said Boardof Works, shall sell by auction upon any of the ^/Jl'j^^g^ /" "'^ I streets or sidewalks of the said Village, any horses, carri- ages, furniture, or any other article whatsoever. Reception or de- livery ol mer- chandize. IJoard of Works may grant per. mission to erect platforms across the drains to facilitate the re- ception or de- livery of mer- chandize. 4 I 1 I i \ i.\\ 12 f Advertising sales by street crying. The Bellman. TO RKCiULATE THE STREETS, ETC. NOISES. 23 No person shall advertise any sale of merchanfUze, furniture, or any other article or any matter, by the ringing of any bell, blowing of any horn, crying, hallooing or cre- ating any other discordant noise, in any of the streets of the said Village, or on the steps of any house or other premises opini to tl e public street, Avhereby the public are liable to be subjected to inconvenience and annoyance: Provided always, that nothing contained in this clause shall be construed to extend to any party duly appointed and authorized by the said Municii)al Council to follow the callinij of Public Crier or Bellman. Kxcavations .lot to be made witiiout leave of the Board o:' Works. Excavations to be under the di- rection of the Board of Works, EXCAVATIONS. 2'1. No person or persons shall break, tear up, or remove any planking, pavement, sidewalk, curbing, macadamizing, or other road surface, or make any excavation in, or under, or pile any building matei'ial on any street, sidewalk or boulevard of the said Village, for the purpose of building or otherwise, without iirst having the said sidewalk and boulevard carefully covered wHh planking to protect the sfime from damage, and without having iirst obtained a proper })erniit or license from the said Board of "Works s;. to do ; and such permit being granted the same shall be done under the direction of the Board of Works, and shall, under the same inspection, l)e replaced, relaid and made good by the parties who may have required to have the same removed ; and such removal shall not be allowed to continue any longer than is absolutely necessary : In every case where the said Board of W^orks may see lit to "•rant permission as aforesaid, the party to whom the same IS gianted shall be held responsible for any and all acci- dents that may occur to any person or ])roperty by reason thereof, and shall keep and maintain such lights and watchmen, and shall take such further care and precaution as may be necessary for the protection and safety of the public. Eemoval of Gravel, Sand, or Earth. Gravel or sand 25, No pcrson sliall take or carry away, any turf, earth, ed whiiout^per^ or sand from any sti'eet laid out in the said Village, or from mission. ^^^y vacaut lot belonging to the Corporation, without having fii'st obtained permission from the Committee of the Coun- cil having authority to jirrant the same. , = .,.■■. . • Party making excavations to be responsible for accidents, and to keep li,i;hts and watchmen. I TO REGULATE THE STREETS, ETC. 13 rcliandize, lie ringing- ig or cre- streets of ! or other piiblic are moyance : lis clause appointed follow the )r remove damizing, or under, lewalk or building walk and rotect the ptained a Works s;/ 3 shall be uid shall, ind made have the lowed to see fit to the same all acci- )_y reason 2;hts and recaution V of the Encroachments, A.wninos, and Signs. 26. No person shall, without' having first obtained leave Doors, steps. ■from the said Board of Works, construct, place or make any entmnles'^to movable traps, or doors, for the purpose of entrance to any {."."r^oTdi^ on't'he icellars or premises under any building or place, or make '^''^^waik. |iay steps or porches or other entrances to buildings which phall in anywise encroach upon the sidewalks or streets of the said Village. KS or not to ex- 27. No person shall erect or continue anv awning, sign,Awn'n . K . .. . 1 '"a 1 ^^ ' • aliens iiui lu c. Sign-post, hanging or swinging sign, which shall m any tend over the way extend over any street or sidewalk in the said Village, ouuhe peTmU- iunless a plan thereof shall be first submitted to and ap- ^""^.^^^^'^^^^j.^^ '-roved of by the said Board of W^orks. i 28. It shall and may be lawful for any person or ]>ersons if awnings or ^appointed by the said Municipal Council ot the said Village remoJ'e'd Titer Ifor that purpose, after fourteen days' notice in writing j^'°|j^ce,^anoffKer firved on the owner or occupier of any premises before may remove hicli such last mentioned awning, sign, sign-post, hanging '*'^"^' • swinging sign exists, to cause the same to be removed, pmd no person or persons shall obstruct or impede such per- |Bon or persons so appointed in the due execution of the *|)rovision8 of this section. ■ Climbing and Defacing. I 29. No person shall be allowed to climb on any of the climbing lamp- pamp-posts in the streets or parks, or on or into any of the FeMes!"^^^*' ""^ trees or fences of ^le bouUvards, parks or public places ot the said Village, or upon any of the railings or fences along my of the streets of the said Village. 30. No person shall deface or disfigure any public ttr Defacing or in- rivate buildings, wall, fence, railing, sign, monument, {."""herpro-"^^ ost or other property in the said Village, by cutting, p'"^'>'- breaking, daubing with paint or other substance, or shall an any other way injure trie same. rf, earth, , or from it having he Coun- FiRE and Fireworks. ^ 31. No person shall set fire to any shavings, chips, straw Fires not to be )r other combustible matter for the purpose of consuming s"r«'ts"or near the same in any ol' the streets or parks of the said Village, c^ried'through'^ )r in any enclosure within one hundred feet of any build- '^'^.^.•reefs.ex- ,. t' , n .\ \ '' ff j.\ cept in a fire-pan png, and no person shall carry fare through any of the streets or parks of the said Village, except in some covered i^essel or metal fire-pan. 2 14 TO REaULATE THE STREETS, ETC. Bonfires, fire- arms or fire or tlie Muiiicii)al Council, and no person or persons shall li^ht, set oft', or tlirow any fire-cracker, squib, sei-pent, or other noisy, oftensive, or dangerous substance or fireworks in any ot the streets, squares, parla^, or pul)lic places of the Yillaire. Throwing Dangerous Missiles. ThrowinR stones 82. No pcrsoii sliall cast, proi'ect, or throw any stones, or snow-balls or i n i' • A ' '1 t i. ll other missiles, oalls ot suow or ICC, or othcr missiJes dangerous to the public, or use any bow and arroM' or catapult in any of the streets, parks or public places of the said Village. Bathing. Indecent ex- posure. Indecency. 34. No person shall l)athe or swim a;ong or near the piers, wharves or shores of the said Village, from the hour of seven o'clock in the morning to nine o'clock in the evening ; nor shall any person indecently expose any part of his or her person in any public place, or in any of the streets, parks, or public places of the said Village, nor shall the plea of answering the call of nature be considered a palliation of the oflfence. Indecent writ- ings or pictures on the walls. 35. No person shall post or put up any indecent placard, or pictures, or write any indecent or immoral Avntmgs Construe the word "street," Penalty. words, or mane any indecent pictures oj' drawings on any public or private building, wall, fence, sign, monument, posty sidewalk, or pavement in any of the said streets, parks, or public places of the said Village. Interpretation. tion of 36. Whenever the word " street " or '^ streets " is men- tioned in this By-law, it shall be understood and construed as including all highways, thoroughfares, lanes, roads, alleys, avenues, bridges, courts, court yards, commons, public squares, and public places ; and shall be also understood as including the sidewalks and boulevards unless the contrary is expressed, or such construction as would be inconsistent with the manifest intent of this By-law. . ~ Penalty. 37. Any pci'son or persons guilty of an infraction of any of the provisions of this By-law, shall upon conviction TO REGULATK THE STREETS, I:TC. 15 Taefove the'Reeve, or any Justice or Justices of the Peace, on the oath or afRrmatioTi of any credible witness, forfeit Distress in de- and pay »c the discretion of the said Keeve, Justice or**"""^^^^"'^"* Justices vjonvicting, a penalty not exceeding the sum of fifty dollars for each offence, exclusive of costs, and in default of payment thereof forthwith, it shall and may be lawful for the Reeve, or Justice convicting as aforesaid, to issue a warrant under his hand and seal, or in case the said Heeve and Justice or Justices, or any two or more of them are acting together therein, then under the hand and seal of one of thena," to levy the said penalty and costs, or costs only, by distress and sale of the ofiender's or offenders' goods and chattels ; and in case of no sufficient distress to satisfy the said penalty and costs, it shall and may be lawful deS'oT^"'"' for the Reeve, Justice or Justices convicting as aforesaivl, to ''''^"■^®^' commit the offender or offenders to the Common Gaol, with or without hard labour for any period not exceeding six •calendar months, unless the said penalty and costs be sooner paid. Passed 5th March, 1879. (Signed) John Gray, Reeve, ^Signed) J. B. McLachlan, Clerk. ^L.S.: By-Law No. 5. EEPEALING BY-LAW NO. 4 RELATING TO SNOW, PASSED 6th FEBRUARY, AND BUBSTITUTLVG THERE-FOR BY-LAW NO. 4, PASSED MARCH 5th. !:T'"V: By-Law No. 6. INSTRUCTIONS TO CLERK. r-'-v^;r/^}ff}'^ ri6] By-Law No. 7. R S.O. c. i()o. s. 2. and 36 V. c. 43, s. 6,(Ont.) A BY-LAW EP]LATIVE TO THE PUBLIC HEALTH OF THE VILLAGE OF PAEKDALE. Whereas, by an Act entitled "An Act res]>ecting the Pnblic Ilealth," contained in the Eev. Stats, of Ont., cap 190, it is among other things enacted that the members of the Council of every incorporated Village shall be the Health Officers of their respective Muni- ci])alities, but that any such Council may, by By-law^ delegate the powers of its members as such Health Officers to a committee of their own number, or to such persons, either including or not including one or more ot themselves, as the Council thinks best. And whereas, the Municipal Council of the Village of Park- dale has a Standing Committee of its own membei-s,, called the Board of Health, and it is considered advis- able to delegate the said powers in the said recited statute mentioned, to the members of the said Council^ who at the present time, or who shall from time to time, constitute the said committee ; See also Con., And wlicreas, by the Eev. Stats, of Ont, cap. 174, sec. 466, f.!o aiso^Vv. c. ^"^^' ^^^- ^'^» power is given to the Council of every 48. See 384 Incorporated Village to pass By-laws for providing fer- tile health of the Municipality, and against the spread- ing of contagious or infections diseases. Therefore, the Municipal Council of the Corporation of the Village of Parkdale enacts as follows: Health Officers. (Ont.) the'^owers of ^' ^^^ ^^^^ powcrs and authorities conferred upon or vested members of the iu tlic niembcrs of the Municipal Council of the Village of Hea"th 'o^ilceis, Parkdalc, by the said recited statute, or by any other statute niaiti!^"^"* °* heretofore, or hereafter to be enacced, as Health Officers of the said Village, are lierehy delegated to the members of the said Council, who shall from time to time be themembera of the Standing Committee of tlie said Municipal Council, designated the Board of Health. public health. Health Ixspectoks and their Duties. 17 2. The ConstableB of the Municipality shall act as Health Appointment of T 111' • r> 1 1 1 1 i> TT 1 1 1 Health Inspect- Inspectors under the direction ot the rJoard oi Health, and or and their Bhall hold office, as such, during the pleasure of the Council, and their duties as Health Inspectors shall be as follows: Buhject always to such directions as aforesaid : (1). To keep a vigilant supervision over all the lanes. To keep a gsn- hy-ways, vacant lots and all premises within the village, fonoterThe*" upon which any accumulation of dung, manure, offal, filth, J^/,^''yi',"^^||°^ retuse, stagnant M'ater, or other matter or thing of deleterious nature, may be found, and at once to notify the Board of Health, and when required by the said Board or any mem- ber thereof, to examine the same and notify the parties who Jonotify pa^rti^s own or occupy such premises to remove the same. to remove tilth &c. (2), To make a report of such examination in the " Fo: .n To lodge anin- A " to this By-law annexed, and if the same be not removed against persons within twenty -four hours after notice thereof, as aforesaid, movefilth &c. to lodge information with the Reeve of the village, or any Justice of the Peace presiding as such for the time being, to the end that proceedings may be immediately taken against the parties so offending, in accordance with the provisions of this By-law ; and it shall be in his discretion to cause the same to be removed. (3). To visit the premises of all butchers and all slaughter- To visit butch- houses when required so to do by the Board of Health, or and slaughter by any Healtli Officer, and report to the said Board or to ''°"*^^- some member thereof the result of such visits immediately thereafter. (4). To make all necessary arrangements for removing all to arrange for decaying animal or vegetable matter, manure, house dirt, an^ehiT&c^' °^ offal, or other offensive or unsightly matter from the streets or other public places, at the expense ot those who placed such matter as aforesaid in such street or public place, in accordance v/ith section twenty-three (23) of this By-law. (6). To see that the provisions of the several sections of '^° enforce the ,.^4-,, ,■,'■., ■, 1 ■,. , provisions of this By-law are strictly enforced, and generally to obey and this By-Law carry out the intentions and directions ot tlie Board of Health in matters relating to the Public Health. L» and to obey and carry out the Instructions of the Board of Health. m^u t'' Medical Health Officer. 3. In addition to the appointment of Health Inspectors, as hereinafter provided, it shall be lawful for the Council, ji- 18 PUBLIC HKALTH. Mlieu it IB deemed itidispeiiaible for the prefiervation of the l)»iblic healtli, and tlio more prumj>tly and effectually to carry into effect the sanitary conditions of this By-law, to Appointment of appoiut oiiG or niore nienibers of the medical profession to Office"^"'"' he Medical Health Officer or Officers, to hold office during the pleasure of the Council, and whose duties and rernimer- ation shall be specially defined from time to time by resolution of the Council or the said Board of Health. Cleaning of pub- 4. TliB duty for providing for the cleaning of all public streets, lanes and alleys in the Village, shall hereafter be performed by the said JV)ard of Health, and it shall also be the duty of the said Board to cause the said streets, lanes and Hlleys to be kept clean of all rank grass and noxious weeds. Heaitii Inspect- ors to examine into sources of filth and causes of sicl" lo this lly-law annexed, and if the premises are occupied, shall be served on the occupant or some servant or member of his family, and if the premises are vacant, the same notice shall be served on the owner of the premises, his agent or representative, or left at his or their last or usual place of abode. 9. Any Health Officer, Market Inspector, or Constable, "^j'n'ed or un- J 1 11 • 1 1 i r • i 1 1 11 wholesome food may and shall seize and destroy any tainted and unwhole- to be siezed and some meat, poultry, iish, or other article of food exp' sed or '^^*"^°^^''' offered for sale in the Village of Parkdale. Slaughter Kousks. 10. No slaughter-house shall 1)6 erected, opened, con- No slaughter tinued, or used in the Village of Parkdale, unless and until er°e"clld°o%sed the person opening or using the same shall have satisfied J'JJ.'^^,^^ Medlcai the Medical Health Officer that such slaughter-house or Health officer. building is situated, at least, one hundred feet from any public street, and three hundred feet from any residence or dwelling, except that of the owner of such slaughter-house, and that it is in no manner injurious to the public health, and shall have obtained from such Medical Health Officer certificate of a certificate of compliance with the regulations C(mtainedr°gufiitonst^'*'* in this and the three following sections of this By-law. '"' obtained 11. No butcher or other person shall kill or slaughter to be to the any beeves, calves, sheep, or other animals within the said Heahlfofficer Village, unless it is shown to the Medical Health Officer that the house, yard, pen or place where such kilhng shall . take place is paved or laid with stone-flag or tile, and the same inlaid with cement or otherwise constructed so that "°w to be the floor is impervious to water, and the floor in every such ''°"- '""^'^ ■ :% 20 PUBLIC HEALTH. Removal of offal, &c. case made with a descent towards a Rutter, which shall pass through the same, and leading to a tub or reservoir which shall he placed to receive the blood and oflfal passing therein, which shall be kept closely covered and emptied, in conformity with section twenty-one of this By-law, at the end of each day, when killing has been done on the pre- mises at such place, that no offensive effluvia may arise therefrom. ^ro'v^dtn" ^ 12. No swine shall be allowed to have access to any such connoction. slttughter-house or to any yard connecting therewith. To be properly cleaned at re^U' lar periods. Certificate fo be for one y^ar, ending Dec. 31. No privies or cesspools to be permitted. See Rev. Stats. Ont., cap. 174, sec. 466 sub-sec. 16. To be filled up. See Rev. Stats. Ont., c. 174, sec. 46b, s.s. 50. If not cleansed and tilled officer may enter upon premises and cause it to be done. And collect costs in tbe same manner as taxes or other- wise. 13. Every slaughter-house or building so used shall be lime whitewashed inside, at least once in each week be- tween the first day of April and the first day of November in each year, and shall also be supplied with a hydrant or pump and well, having a sufficient supply of water for the purposes of keeping the same clean and free from smell, and shall also at all times have a printed copy of these regulations relating to slaughter-houses hung up or exposed in some conspicious part of such building or premises, together with the certificate of the Meiical Health Officer, that the same have been complied with, for which certifi- cate a fee of one dollar shall be paid to ti:e said officer. 14. The certificate mentioned in the tenth section shall be in force for one year only, and shall expire on the thirty- first day of December, of the year for which it is granted, but shall be subject to revocation at any time by order of the Board of Health on proof of nou-coinpliance with its conditions. Privy- VAULTS and Cesspools. 15. No privy -vault or cesspool shall be constructed, con- tinued or used in the Village of Parkdale, and all privy- vaults or cesspools already con8tru<3ted or in use shall be properly cleansed and filled up on or before the first day of June next after the passing of this By-law ; and in case any such privy- vault or cesspool has not been so cleansed and filled up within the time limited by this By law, the Board of Health or any of its officers may enter upon the premises and cause such cleansing and filling up to be properly done, and the expense thereof may be recovered with costs by- action or distress from the occupant or owner of such E remises ; and in case of non-payment thereof the same may e recovered in the same manner as the Municipal taxes for the year, and such occupant or owner shall also be liable to the penalties of this By-law. PUnHC HKALTH. 21 Witll a tij'ht floor, Privips, how to 111' coiiRtriictcd. Smtit. Ont., 16. All privies shall be constructed 1><>X or drawer, so that no noxious matter can e8cai>e, and in 1< flucli a manner that the nuitter contained therein can be;,, easily dooderised with dry earth, coal ashes or other absor- bent, and some such dry earth or other absorbent shall bo used or thrown in, eacrh time the closet is made use of, and the contents thereof shall bo removed as often as occasioTi may require. 1,-4. s. 4'*, 49- 17. Wlienever any privy shall become offensive tlie offensive privies same. sliall be cleansed, and the owner, agent, occupant, or nillovcrurre- other person having charge of the land on which any privy '"''"^'' may be situated, the state or condition of which is in violation of the provisions of this By-law, shall remove, cleanse, alter, amend or repair the same within such reasonable time after notice in writing to that effect, given by the said committee or any of its ollicers, and in case such privy has not been properly removed, cleansed, alter- it not cleaned «d or repaired, within the time limited by such notice, the I'.'r'notrceTmay said committee or any two of the officers may enter ui)on '" cleaned -.n , J *^ XI • 1 • X ■{ * 1 '"^n<^" expense. the premises and cause the said privy to be removed, »<< v. stats, ont. cleansed, altered or repaired, and the expense of such re- ss.'ja ^ '*^' moving, cleansing, altering or rei)airing may be recovered with costs, by action or distress, from the occupant or owner of such premises, and in case of non-payment there- of the same may be recovered, with cost of action, in the Recovery of same manner as the municipal taxes of the year, and'=°'"^ such occupant or owner shall also be liable to the penalties of this By-law. .Eemoval of Night Soil or othkr Offensive Matter. 18. No person shall convey or cause to be conveyed ^^°^'^'J°^^°^|^ through the streets of the Village of Parkdale, any swill, conveyed thro- night-soil or other filth or offensive matter, except under ctpt^s^au'tho- general regulations to be prescribed by the said iioard ofj^^^^''^""^''*'" Health, and any person contravening such general regula- tions shall be subject to the penalties of this B;; 5y-law. 19. It shall not be lawful for any person or persons to j;'°h{°sofiPor' deposit upon any of the streets or upon any land or lot other eith in within the said Village, any night-soil or other filth, or Jropfri',,""'"* refuse matter of any kind, without the consent and under ''^°'^'*^"*^'*- the direction of the said Committee or Medical Health Officf.v of the Tillage, unless such night-soil or other matter , ' ! has been thoroughly dooderised. • '-■.;'•.:. ; ,, a li i 22 PUBLIC HEALTH. .20. It ftluill not be lawful for any pei«on or persons within No acciimuia- the sald Village to permit or sutler the accumulation of offensive matter any duiig, uianuro, olfal, filth, refuse, stagnant water or- anowed!"^'''"^<-'ther otfensive matter or thing ujion his or her premises, or en any vacant lot l)elonging to him or her; or to place on any of the pul)lic lanes or by -ways, in front or in rear of their buildings oi- premises, any manure or other refuse, vegiitable or animtil matter, or any other dirt or filth which in the ^i r i z. i through the through auv ot the streets, squares, courts, lanes, avenues, during cenlm P^accs or allcvs of the said village, any house dirt, offal, hours specified . auimal or Vegetable ur other refuse substances from any of the dwelling-iiouses or other places in or through the said Village, excei)t between the hours of tour o'clock a.m. and two luturs after sunrise, during the months of May, June^, July, August and September, stable manure excepted. Dead animals, 22. No persou or pcrsous sluiU tlirow into or leave in or othe^refuse'^ not '^P^" *''".)' ^trcct, cuurt, squarc lane, alley, or wharf, public- to be thrown on euclosurc, vacaut lot, or any pond or body of water within intheLake""^ the limits of the said Village, any dead animal, dirt, saw- dust, soot, ashes, cinders, shavings, hair, shreds, manure, oyster, clam or lobster shells, waste water or filth of any kind, or any refuse animal or vegetable matter whatsoever; nor shall any person throw into or leave in the Lake or on the beach thereof, any dead animal, or other foul or offensive matter. itv m Liability for breach of pre- ceding section. 23. If any of the substances mentioned in the preceding section shall be thrown or carried from any house, ware- house, shop, cellar, yard or other place, or left in any of the places specified in the preceding section, the owner and occu])ant of such house or other place as aforesaid, and the pei-son who actually threw, cairied or left the same, or who caused the same to be .thrown, carried or left, shall severally be held liable for such violation of this By-law ; and all such ?nbstances shall be removed from the place where they have been so thrown or left as aforesaid, by such owner or occupant, or otlier person, within four hours after personal mttice to that effect, given by the Health Inspector, and the expense thereof borne by such owner or occupant, or such other person guilty of the act. ■« I li ^drpwafSi°to 2^* -'■* ^^^^^^ ^^6 t'^6 duty of all officers, servants, workmen Officers o"!*''''"' '^^^^ agcuts of the Corporation to give all possible aid and spectors""^ " assistance in their power to the Health Inspectors or any of the officers of the said committee. PUBLIC HEALTH. 23 25. Any person or persons guilty of an infraction of any I'lnaity. of the provisions of this By law shall, upon conviction before the Reeve, or any Justice or Justice , of the Peace, on the oath or affirmation of any one credible witness, forfeit and pay, at the discretion of the said Reeve, Justice or Justices convicting, a penalty not ' exceeding the sum of fifty dollars for each offence, exclusive of costs, and in default of payment thereof forthwith, it shall and may be lawful tor the Reeve, or Justice convicting as aforesaid, to issue a warrant under his hand and seal, or in case the said Reeve and Justice or Justices, or any two or more of them, are acting together therein, then under tlie •^js','^ess m de- liand and seal of one of them, to levy the said penalty andmcnt. •costs, or costs only, by distress and sale of the oftender''s or offenders' goods and chattels ; and in case of no sufficient distress to satisfy the -said penalty and costs, it shall and may be lawful for the Reeve, Justice or .histices convi(tti;)g as aforesaid, to connnit the offender or offenders to the Com- mon Gaol, with or without hard labour, for any period not ^XuT/ofX-'" -exceeding six calender months, unle-s the said penalty and '"^^s. costs be sooner paid. , * Passed 3rd April, 1879. (Signed) John Gray, ((Signed) J. B. McLachlan, Clerk. Reeve. :l!s!: SCHEDULE OF FORMS. :no. FORM "A." (see section II. sub-section II.) HEALTH INSPECTORS REPORT. No. '.' Street. House Jn condition '"• ^ . (Males '-, .;. i:rv:,j ,;^ Tenants I p^^^j^g --..:., u... owner (or occupant.) 24 SCHEDULE OF FORMS. Privy Stable STATE OF PREMISES. Yard Cellar Well Lane PROXIMITY OF ABOVE. From privy to well teet dwelling From stable to " " well GENERAL REMARKS. Locality, high or low. \\'ater, good or bad. State of drainajje. Parkuale, i8 This is to certify and declare that I have examined the premises abov mentioned, in accordance with the provisions of By-law No. 7, and that the state thereof is as I have described. Inspector. FORM "B." (see section viii.) No. Parkdale, 18 . No. Street, Mr. owner, notified to remove filth (or other matter) from street within hours. No. Time o'clock m. Parkdale, 18 . Sir, — You are hereby notified, in compliance with the provisions of By-law No. , to cause to be re- moved from the in the premises (owned or occupied) bv on street, all filth (or other matter) within hours from, this time and date, or in default, I will cause the same to be done, and the c(;sts and expenses thereof to be charged to you, in addition to any penalty imposed by the said By-law. DOO BY-LAW. 25 By-Law No. 8. RELATING TO TREASURER'S SURETIES. By Law No. 9. TO PROHIBIT DOGS FROM RUNNING AT LARGE, AND TO TAX THE OWNERS OR HARBOURERS OF DOGS. Whereas, by the R. S. 0. Cap. 174, Sec. 461, Sub. Sees. 10 and 11. " Tne Council of every Incorporated Village may pass By-laws for restraining and regulating the running at large of Dogs, and for impiosing a tax on the owners, possessors or harbourers of dogs, and for killing dogs running at large contrary to the By-laws. Therefore, be it enacted by the Municipal Council of the Corporation of the Village of Parkdale : 1. That each and every inhabitant of the Village of oogstoberegis- Parkdale who shall own or harbour any dog or dogs, bitch lorl'^thTist of' or bitches, shall annually, on or before the 1st day of June, -(""e.. have the same registered, numbered, described and licens- ed for one year from that date, and shall pay the yearly sum or tax of one dollar for each and every dog or dogs by them owned or harb<)ured, and the sum of two dollars for ever}' bitch or bitches by them owned or harboured, and in addition to such tax, shall pay the Clerk of the Municipal- t^dng""^ '^*^'^" ity, who is hereby authorized to make such registration and receive such tax above mentioned, the sum of twenty- five cents for each and everv animal so registered, which shall be his fee for making such registration. 2. Each and every dog or bitch so licensed shall wear a Name of owner collar, conspicuously bearing the name of the owner of such dog. dog or bitch, and no such dog or dogs, bitch ' tches shall be allowed, under any circumstance, to be a^, large, Not to be at large miless accompanied by some person having it or them under perfect control, and the owner shall be liable for any damage or mischief, of which any such animal may be the cause. ii'iji ■»i'",,'r- 26 DOG BY-LAW. four hours. 3. Any dog or dogs, bitch or bitches, found at large con- trary to the previous section of this By-law, may be captured by the constable or constables of this Municipality Dogs found at or may be captured by any other person and delivered to Irnmciaiilied^'^ *^® coustable, and if such dog or bitch shall not wear a within twenty- collar with the name of the owner thereon, such dog or bitch shall be, after twenty-four hours, killed and for each animal so captured, the person or persons capturing the same shall receive the sum of twenty-five cents, and like- wise for each animal so killed the constable shall receive the sum of twenty-five cents, such sum being paid by the Clerk out of the cash received as dog taxes, but if such dog or bitch shall wear a collar, bearing the name of the owner as required by section two of this By-law, the constable shall immediately notify such owner and he or she shall, within forty-eight hours of notice, pay or cause to be paid Redemption fees to the Village Clerk, the sum of one dollar and fifty cents for every dog or bitch, on payment of Avhich the Clerk shall give an order on the constable to have such dog or bitch delivered to such owner; and the constable and party cap- turing such animal, and also the Clerk, shall each receive the sum of twenty-five cents out of the dollar and a half collected. 4. If the owner refuse or neglect to pay the sum called for by the previous section of this By-law, within the time mentioned, such dog or bitch shall be sold or destroyed. 6. It shall be the duty of the constables of this Munici- pality to see that all the provisions of this By-law are Dog that cannot strictly enforced and carried out, and they have hereby the marb'e'wfied power to kill any dog or bitch that they cannot capture if found at large contrary to this By-law. Penalty. ^- A.^^}' person or persons guilty of an infraction of any of the provisions of this By-law, shall, upon conviction «... before the Reeve or any Justice of the Peace, on the oath or affirmation of any creditable witness, forfeit and pay, at the discretion of the said Reeve or Justice, convicting, a penalty not exceeding the sum of twenty dollars, for each offence, exclusive of costs and damages, and in default of payment thereof, may be committed to the common goal, with or without hard labour, for any period not exceeding one calendar month. Dogs may be sold. Passed March 26th, 1879. (Signed) John Gray, )'.;i.. (Signed) J. B. McLachlan, Clerk. Reeve. ' IL.S. TO ENCOURAGE PLANTING OF TREES. n a By Law No. lo. BY-LAW TO PEOVIDE FOB GKADING AND THE CONSTKUCTION OF SIDEWALKS WITHIN THAT PORTION OF PARED ALE LYING BETWEEN QUEEN STREET ON THE NORTH, DUFFERIN ON THE EAST, KING STREET ON THE SOUTH, , AND COWAN AVENUE ON THE WEST. By-Law No. ii BY-LAW TO ENCOURAGE THE PLANTING, AND TO PROVIDE FOR PROTECTION OF TREES, &c. Be it enacted by the Municipality of the Village of Parkdale : That sections 3 and 4 of chapter 187 of the Revised Statutes o( Ontario, entitled an Act to encourage the plant- ing of trees along highways, be applicable to the Village of Parkdale. Passed March 26th, 1879. ' ''■ [ (Signed), (Signed) J. B. McLachlan, Clerk. John Gray, Reeve. ' L. S. The folloioitig is a coi)y of the. Act above referred to : ^'' '" ' ■ CHAPTER 187. ' '' '" \ Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows ; 1. The word "highway," whenever it occurs in this Act, interpretation of shall be held to mean and include any public highway, wayT' '^ " street, ro d, lane, alley, or other communication, as well as any public place or square. 34 V. c. 31, s. 6. 28 TO ENCOURAGE PLANTING OP TREES. fa^r''?^ma'ke tins ^" ^^^^^ons tlircG aiid fouf of tliis Act sliall not apply to Act appw to " incorporated Cities, Towns and Villages, unless the Council pities, owns. t;hereof first passes a by-law making the same apply thereto. 34: V. c. 31, s. 6. Property of trees 3. For the purposc of tliis Act, every shade tree, shrub vest'ed^'in'tlie ^^^ sapHug now growiug cm either side of any highway in crnTunds'"'^'*" ^^^^ Province shall, upon, from and after the passing of this Act, be deemed to be the property of the owner of the land adjacent to such highway oppo ite to which such tree, shrub or sapling is. 34 V. c. 31, s. 1. Planting trees. Property in Injuring trees. Penalty. 4. Any person owning land adja jent to any highway may plant trees, shrubs or saplings on the portion thereof con- tiguous to his land ; but no tree, shrub or sapl'ng shall be so planted that the same is or may become a nuisance in the highway or obstruct the fair and reasonable use of the same. (2). Every tree, shrub or sapling so planted in any high- way shall for the purposes of this Act be deemed to be the property of the owner for the time being of the land whose owner planted theidime. 34 Y. c. 31, s. 2. 5. Any person who ties or fastens any animals to any such tree, shrub or sapling so growing or planted upon any highway, or who injures or destroys, or suffers or permits any animal in his charge to injure or destroy, or who removes any such shrub, tree or sapling, or receives the same knowing it to be so removed, shall, upon conviction thereof before a Justice of the Peace, forfeit and pay such sum of money not exceeding twenty-five dollars besides costs, as such Justice may award, and in default of payment the same ma^^ be levied of the goods and chattels ot the person offending, or such person may be imprisoned in the Common Gaol of the County within which the Municipality is, for a period not exceeding thirty days. (2). One-half of such fine shall go to the person laying the iiifoimation, and the other half to the Municipality within which such tree, shrub or sapling was growing. 34 V. c. 31, 6. 4, [See also Revised Statutes, c. 174, s. 454. (16).] •fit [29] By-Law No. 12. A BY-LAW TO PROVIDE FOR THE APPOINT- MENT OF A POUND-KEEPER. AND TO RE- GULATE THE POUND OF THE VILLAGE OF PARKDALE. Whereas, it has been found necessary to appoint a pound- keeper for the Villaire of Parkdale, and to regulate Ids duties, and to restrain and regulate the i'uiinin<>: at large of certain animals, and to provide foriini>ouuding the same; and further, to })rovide for sufficient yards and en(do8ures for the safe-keeping of such animals, as it may be the dut}' of the pound-keeper to imj^ound : Therefore, the Municipal Council of the Village of Park- dale enacts as follows : 1. There shall be one common pound established in the to establish a Village of Parkdale, that is to say on the plot of ground, '^^'""""'" ^""" t^ituate on the south-west corner of Queen and Dutferin streets. Provided always, that whenever such common pound is not secure the pound-keeper may confine any animals, liable to be impounded, in any enclosed space M'ithiu the limits of such pound-keeper's District. 2. The Municipal Council shall, from time to time as the council to ap- occasion may require, appoint one responsible person to^eep'e?.''"""''' serve in the office of ]>ound-kee})er hereinbefore established, who shall hold his oflice during the pleasure of the Council, and be generally' under the supervision and direction of the same. 3. It shall not be lawful for any person or persons to suffer Animals nm- his, her, or their horses, cows, cattle, goats, sheep, swine, ducks, b|"fnfpoSa" geese, or other poultry, or pigeons to run or be at large or pasture, whether in chargeof a caretaker or otherwise, except within good and proper enclosures, within the limits of the said Village, and any person impounding any animal for persoti im- being or running at large oi- pasturing shall for his loss ot time, ^"""e'^toVclwe. care or trouble in impoimding such animal, and on delivery twenty-five of same to the pound-keeper, be entitled to receive from such '^^"'^' pound-keeper the sum of twenty -five cents for each animal so impounded by liim sind delivered to such pound-keeper, and the said pound-keeper shall pay the same, and the amount so paid shall be added to the fees of such keeper and be considered to be a part of such fees. ■■^^ li 80 POUND BY-LAW Pound-koeper to impouna all ed to him. 4. It filmll l>e lawful for any pound-keeper of the said animTis"d'e"iver- Villn<;e. clulv appointed as aforesaid, to impound any of the animals mentioned in the third section ot this By-law, on delivery thereof ti> him for that purpose hy any person or persons, or if found running or heint"' at lar^^e or pasturing as aforesaid within the limits of the said Village, and he is hereby rocjuiied to impound all such animals; and also to im]K)und all hoi'ses, cows, cattle, sheep, goats or swine, ducks, geese, or other poultry, or pigeons, that shall trespass on tlie land of any ])erson or persons within the said Village, or on any of the boidevards thereof, and to detain the same until the owner or owners thereof shall have paid over and above any claim for damages for the trespass and the charges, or over and above the penalty alone, when no trespass has been committed, the sum following : For every Pound-keeper's liorso or head of Cattle, pig, sheep or goat, one dollar, and for every duck or jj;oose, or pigeon, ten cents, which shall go to the pound-keeper as, and for his fee, for impounding the same, and a further sum of twenty-live cents for loss of time, care and trouble of the person or persons impounding the sam \ Owner to pay damages. fees Poiind-kecper'sJ duties. li-^iv Allow.-ince pro- vided for pound-keeper. Fees may be recovered with costs. Pound-keeper subject to the penalties of this Bv-law. 5. Whc.ever any animals have been trespassing or run- ning or being at large or pastiu'ing, contrary to tlie provi- sions of this By-law, shall have been impounded ; it shall be the duty ot the pound-keeper, daily to furnish such animals with good and sufficient food, water and shelter, during the whole time that such animals shall continue "impovmded. and for so doing he sball be entitled to demand and receive the following allowance over and above his fees as pound-keeper as hereinbefore provided, namely: For every horse, fifty cents per day ; for every head of cattle, thirty cents per da}' ; for every sheep pig, orgeat, twenty -five cents per day, and for every duck or goose, or pigeon, five cents per day. 6. The fees, value or allowance as aforesaid may bo recovered with costs by summary proceeding before the Reeve, or any Justice of the Peace, in like manner as fines, Senalties or forfeitures for breach of any By-law of the said [unicipality, may, l)y law, be recovered and enforced by a single Justice or the Reeve. 7. In case any pound-keeper who impounds or confines any such animal as aforesaid, refuses or neglects to pay to the pereon delivering any such animal to him, the sum of twenty-five cents for such animal so impounded, or to find, provide and supply the animal with good and sufhcient food, water or shelter, he shall be subject to the penalties of this By-law. i POUND BY-LAW. 81 8. The porsoii distraiuinj' or iinponiuliiii; any animal for Person to de- j. 1 • 1 1 11 i ii ' .^' •,! • liver Statement tresprtss or doing damago, tjhall, at the tune, or withm tor damaues to twenty-four hours thereat'tor, deUver to the pound-keeper ''''"n;besoidifnot the charges of the pound-keeper, aiid the penalty and in fifteen days damages imposed, if any, it shall be lawful for such pound- ''*'^'^ "°'"^^' keeper to cause such distress to be sold, and after deducting Irs own charges, to pay the damages, if any, to the person entitled thereto, and the penalty to the Clerk, wiio shall immediately pay over the same to the Treasurer of the said Village, for village purposes, and the overplus, if any, to the owner or owners of such distress, if knovm, if not known, to the Clerk, who shall pay o\'er fhe same to the Treas- urer, and if not claimed within three ir..)nths after being received by the Treasurer, the same shall be applied by him to village purposes. 10. If the owner of any distress taken doing damage, or itov.neraisnuie 1. iiiit>iii jVi. damage clam. ed, any person on his or her behali, sliall appear and dispute the Keeve or the amount of damage claimed, it shall and may be lawful p^nt'tilreVper- for the pound-keeper to apply to the Reeve or to any one of sons to appraise 1 .r-i •! /> 1 -^ • 1 -tf-\\ I'll i 1 • 1 damage ilone. the Council ot the said Village, who is liereby authorized and required forthwith to summon three disinterested inhabitant liouseholders, and such persons, or any two of them, shall, within twenty-four hours after notice of their appointment, as aforesaid, view the ground upon which the animal was found doing damage, and appraise the damage ■■ 32 POUND HY-LAW counnittiMl, iukI the determination of the niujoritj of them ahul! ht! (!()iicliisive at* to sueh damages, and tlioy shall, witliiii twenty-four hours after having made the view, give, ill writing to the pound-keeper, a statement of the amount of (himuges so assessed by them, and of their lawful fees and eharges. Penalty of iic^- Icctiiih' duty. 11. Any such fence- viewer neglecting his duty as arbi- trator as aforesaid shall incur a penalty of two dollars, to be recovered for the use of the said Village by summary proceeding before a Justice of the Peace upon the complaint of the party aggrieved, or of the Clerk of the said Village. M Owner olaiiininl to pay penalties. Penalty. 12. The oAvner of every animal mentioned in the third section of this By-law and taken running or being at large, or being pastured either with or without a caretaker in the limits of the said ^'illage, shall pay the following penalties over and above the charges of the pound-keeper, that is, to say for every horse, cow, or other head of cattle, or pig, two dollars; for every sherp or goat, one dollar, and for every goose, duck or other poultry or pigeon,ten cents,to be recovered before the Reeve, or other Justice or Justices of the Peace, either upon the confession of the party complained of, or upon proof, on oath, of one or more credible witnesses. m Lawful for, any- one to drive an- imal to pound. 13. It shall be lawful for any one to drive any animal mentioned in the third section of this By-law, if found run- ning or being at large, or pasturing as aforesaid within the limits of the said Village, to the said i)ound, and it shall be the duty of the pound-keeper to impound the same until the pound-keeper's fees and charges, including fees paid to party imponnding as allowed by the fourth section of thiii By-law, have been paid ; and the pcimd-keeper shall proceed in the same manner with sxicli distress, and pay over the penalty in the same manner as directed by the ninth section of this By-law. Pound-keeper's 14. The pound-keeper shall be allowed over and above ' °"'^"*='^- the fees mentioned in the fourth sections of this By-law, the following fees, that is, to say : For posting the requisite notice as by the ninth section of this By-law is provided, fifty cents. For attending for the summons and serving the same on the appraiser of damages, se\enty-five cents. And for every sale of distress, fifty cents, and no more. II POUND BY-LAW 8a 15. It Hhiill be the duty of the Clerk to furniHli the pound- cierk-s duty. keeper with a book, in which he shall enter the number and ♦ description of every animal impounded by him, with the name of the person who took or sent the same to be impounded, the day and ho\n* on which he received the same, the day and hour on which the same was redeemed, and the amount of damages or penalty, and fees paid by the party redeeming the same, or the proceeds of the sale (if any made), and each pound-keeper shall, on or before the first day of every month in the year, make a return to the Pound-keeper said Clerk in writing of the number and description of all to the cie/k ^^^ distresses received by him during the month preceding each '^''"^ n>o'>«'i- return, with the names of the persons taking the same to the pound, the day when the same was received by him, the amount received, and when the same was redeemed, and any other information he may deem necessary, which return shall be verified on oath, and shall be in the usual form of pound-keeper's returns. 16. Every pound-keeper shall, when making his monthly Pound-keeper returns, pay over to the Clerk, and the C lerk shall pay over to ?he cierk"'*^ to the Treasurer all moneys received dming the month, which are directed by this By-law to be paid to the said Clerk, and shall at all times produce his book for the inspec- tion of the Keeve, or of any member of the Council, upon request made for the purpose. 17. Every 2)ound-keeper, before entering on the duties of Pound-keeper his office, shall give a bond to the Corporation of the Village fothe^corpora- of Parkdale in the penal sum of one JIuindred and sixty ''°"' dollars, together with two suffioient sureties of eighty dollars each, upon condition that the said pound-keeper shall well and faithfully discharge the duties of his office, and shall regularly pay over all monies which may come into his hands as such pound-keeper. 18. Any pound-keeper guilty of an infraction of any of Penalty, the provisions of this By-law shall, upon conviction before the Reeve, or any Justice or Justices of the Peace, having jurisdiction in the said Village of Parkdale, on the oath or affirmation of any credible witness, forfeit and pay, at the discretion of the Reeve, Justice or Justices convicting, a l)enalty not exceeding the sura of fifty dollars for each offence, exclusive of costs, and in default of payment thereof forthwith, it shall and may be lawful for the Reeve, or Justice convicting as aforesaid, to issue a warrant under his hand and seal, or in case the said Reeve and Justice or Justices, or any two or more of them, are acting together therein, then under the hand and seal of one of them, to- 84 TO PROHIBIT THE BALE OP INTOXICATINO LIQUORS. Wl' ^i'' levy the snid penalty and costs, or costs only, by distress and sale of the offender's or offenders' goods and chattels ; and in case of no sufficient distress to satisfy the said penalty and costs, it shall and may be lawful for the Reeve, Justice or Justices convicting, as aforesaid, to commit the offender or offenders to the Common Gaol with or without hard labour, for any period not exceeding six calendar months, unless the said penalty and costs be sooner paid; and further, the said lieeve, Justice or Justices convicting as aforesaid, shall have power, if he or they see fit, to suspend such pound-keeper from his office until the pleasure of the Council shall bo made known therein. Passed April 23r(l 1879. (Signed) John Gray, Reeve. (Signed) J. B. McLachlan, Clerk. '. L. o. I By-Law No. 13. A BY-LAW TO PROHIBIT THE SALE OF INTOXICAT- ING LIQUORS WITHIN THE MUNICIPAL COR- PORATION OF THE VILLAGE OF PARKDALE. Whereas it is considered desirable and proper that the sale of intoxicating liquors should be entirely prohibited within the said Village, therefore Be it enacted by the Municipal Council of the Corporation of the Village of Parkdale, that the sale of intoxicating liquors and the issue of licenses therefor, is hereby prohibited within the said Village, under the authority and for the enforcement of " The Temperance Act of Ontario." Revised Statutes of Ontario, Chapter 182. Passed April 26th, 1879. ■ ■, (Signed) John Gray, (Signed), J. B. McLachlan, .^ f Clerk. ') , , ■■4 Reeve. L. S. ', •••••< h: DUTIES AND REMrNERATION OF ROAD OVERSEER. 80 By-Law No. 14. ASSUMING LIABILITIES OF CONSTRUCTING SIDE- WALKS AND CROSSINGS ON THE COUNTY ROAD. By-Law No. 15. RELATING TO DEBENTURES. By-Law No. 16. TO DEFINE THE DUTIES AND REGULAT': THE REMUNERATION OF THE ROAD-OVERSEER OF THE VILLAGE OF PARKDALE. Be it enacted by the Municipal Council of the Corporation of the Village of Parkdale. 1. That the road-overseer shall devote the whole of his Road-oyerseer . 111 Till 1 ''^ devote the tune irora seven o clock a. m. to twelve o clock noon, and whole of his from one to six o'clock p, m., to the work of the Corporation, o"'the° corpora- tion. 2. That said overseer shall have charge of all streets and jfg°*,^f„*° ^d lanes in the Village of Parkdale, and to the best of his repair, ability shall make, and keep the same in good repair, shall level or fill all ruts, holes, or inequalities in the streets, and shall see that the crossings are in proper order, and shall keep the water-courses clear, and see that no pools of stagnant water remain on any streets, lanes or lots in the said Village ; and in case of any obstruction to any water- course, or any damage to any roadway, crossing or sidewalk whether from wear, freshet, impediment by snow or other cause, he shall immediately repair the same, if within his power to make such repair, and shall prevent the removal of turf or soil from the streets; and in any case, where . - assistance may be necessary, he shall immediately report the same to some member of the Board of Works, who shall ' submit the same to the said Board for its decision, but in no case shall he employ assistance on his own responsibility. i i smma :«iit' I 86 DUTIES AND REMUNERATION OF ROAD OVERSEER. Snow to be re- 3. That it sliall be the duty of the said overseer in the sidewalks. wiiiter scasoii, after each fall of snow to notify all parties, who may require to be so notified, to remove the same from the sidewalks, and where the snow is not so removed afler such notice, to enforce the By-law relating to the same, except in the case of vacant lots, in which case he shall re- move the snow, keeping an accurate account of his time in so doiuir and furnish a statement of the same, with the names of the owners of the property, to the Clerk, so that the expense incurred in the removal of such snow may bo cliarged against the property and collected according to the provisions of By-hi\v No. i. Overseer's duty. 4-. That ill additi'iu to mai)ual labour in making necessary street repairs as aforesaid, it sliall be the duty of said over- ^eer to see that the By-laws of the Alunicipality are properly respected, and duly enforced, and to report, and it necessary prosecute, parties who may contravene any of the provisions of said By-laws : To enable such overseer more eft'ectu-iUj to perform such duties, he shall be invested v.'ith tne powers of a constabk', and shall also perform constables' duties on Sunday, and at other times when requnxd so to do. HnderThe direc- ^- That Said ovcrsccr sliall liold office during the pleasure tionofthe of^ and be at all times under the direction of the Council. Council. Salary. 6. That for his services as such overseer and constable, he shall be entitled to receive the sum of eiglit dollars per week froui the first day of May to the first day of Novem- ber, and six dollars per week from the first day of Novem- ber to the first day of May of each year, or part thereof, while in the employ of the Corporation; also to all fees to which he may be entitled as constable for arrests or prosecu- tions, and for impounding any horses, cows, cattle, pigs, sheep, goats, or dogs, or geese, ducks, or other poultry, or pigeons as provided by By-laws relating to the common pound, dogs, &c. 7. That this By-law shall take effect from the d'-y of the passing thereof. Passed 30th April, 1879. (Signed) John Gjiay, (Signed) J. B. McLachlan, Clerk. Reeve. jlIs!: • •••■•• • ii [37] 4 * i By-Law No. 17. A BY-LAW TO REGULATE THE MARKETS AND LICENSES. Whereas, it is expedient to provide for the regulation of markets and licenses within the Village of rarkdale ; Therefore, the Municipal Council of the Corporation of the Village of Purkdale enacts as follows : 1. Every person selling meat, or articles of provisions by Persons seiiii^ retail, whether by weight, count, or measure in the Village, |"^^\°''[P.'prgV shall provide himself with scales, weights and measures \' of the offender, if not paid forthwith, and in case no goods or chattels are found belonging to such offender, it shall be lawful for the Reeve or any such Justice to commit the 42 TO PRKVENT THE SPREADING OP CANADA THISTLES. offender to the common goal, for any period not exceeding twenty-one days, with or without hard labour, as the Reeve or Justice may direct. All information under this By-law shall be laid within one month from the commission of the offence. Passed May 28t-h, 1879. (Signed) John Gray, (Signed) J. B. McLachlan, Clerk. Reeve. Iks!! REVISED STATUTES OF ONTARIO. . CHAPTER 188. An Act to Prevent the Spreading op Canada Thistles. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: — Occupants of land to cut down thistles growing on their land, Penalty, 1. It shall be the duty of ever occupant of land to cut or cause to be cut down all the Canada thistles growing there- on, so often in each and ever}' year as is sufficient to prevent tlieui going to seed ; and if any owner, possessor or occupier of land knowingly suffers any Canada thistles to grow there- on and the seed to ripen so as to cause or endanger the spread thei*eof, he shall upon conviction be liable to a line of not less than two nor more than ten dollars for every such oftence. 29 V. c. 40, s, 1. Duty of Over- 2. It sliall be the duty of the Overeeers of Highways in ways un "e'r'^'this ^"7 Municipality, having first obtained authority from the Act. Municipal Council of which they are officers, to see that the provisions of this Act are carried out within their respective higliway divisions by cutting or causing to be cut all the Canada thistles growing on the highways, or road allow- ances within their respective devisions. 29 V. c. 40, 8.2 ; 32 V. c. 41, ss. 1 And notify owners. &2. 3. Every such Overseer shall give notice in writing to the owner, possessor or occupier of any hmd within the said division whereon Canada thistles are growing and in dan- ger of going to seed, requiring him to cause the same to be cut down within five days from the service of such notice. i TO PREVENT THE SPREADING OF CANADA THISTIiES. 43 (2.) In case such owner, possessor or occnpier refuses or And enter lands neglects to cut down the said Canada thistles witliin the"" period aforesaid, the said Overseer of Highways shall enter upon theland and cause such Canada thistles to be cut down witn as little damage to growing crops as nuiy be, and he shall not be liable to be sued in action ot trespass therefor ; (3.) But no such Overseer of Highways shall have power Proviso as to to enter upon or cut thistles on any land sown with grain, w"th\rain" and where such Canada thistles are growing ujion non- resident lands it shall not be necessary to give any notice As to non-resi- before proceeding to cut down the same. 29 V. c. 40, s. 2 '^^°' '*"'^'- 4. It shall be the duty of the Clerk of any Municipality cierksot Muni- in which liailway property is situated to give notice in warn st'ati'on writing to the Station Master of said Railway resident in ■"•■^='*er.s to cut c , • 1 »i • • T • • 1 • down thistles or nearest to the said Municipality, requiring nim to cause on railways. all the Canada thistles growing upon the property of the said Railway Company within the limits of the said Muni- cipality to be cut down as provided for in the Urst section of this Act. (2.) In case such Station Master refuses or neglects to overseer to en- have the said Canada thistles cut down within ten days""°" '"^""" from the time of service of the said' notice, then the Over- seers of Highways of the snid Municipality shall enter upon the property of the said Railway Company and cause such Canada thistles to be cut down, and the expense incurred in carrying out the provisions of this section shall be pro- vided for in the same manner as in the next following section of this Act. 29 Y. c. 40, s. 3. ig 5. Each Overseer of Highways shall keep an accurate Account ot es- acconnt of the expense incurred by him in carrying out the kept^' over- provisions of the preceding sections of this Act with res[)tct^''^''^' to each parcel of land entered iq^on therefor, and shall de- liver a statement of such expenses, describing by its legal description the land entered upon, and veritied by oath, to k)"occupanr tt the carrying out tho cafi'^ang out 01 the provisions 01 this Act. 32 V . c. of this Act. 41^ s. 2. [See also Rev. Stat. c. 174, s. 461 (15).] ■■-: ) ^ • [46] CHAPTER 201. An Act for the Protection of Insectivorcjus and other Birds Beneficial to Aoricultuke. HER MAJESTY, by and with tlie advico and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: — 1. Nothing in this Act contained shall be held to affect Not to affect The Act for the Protection of Game and Fwr-hearhuj Animals, 20*0.' or to apply to any imported cage birds or otiier domesti- cated bird or birds generally known as cage birds, or to any '^Qi^f,^'^''''^* '^^^ bird or birds commonly known as poultry. 30 V. c. 45, ss. 5 & 9. 2. It shall not be lawful to shoot, destroy, wound or Birds that may injure, or to attempt to shoot, destroy, kill, wound or injure any bird whatsoever, save and except eagles, falcons, hawks, owls, wild pigeons, king-Ushers, jays, crows and ravens, and the birds especially mentioned in The Act for the Protection Kev. stat. c.200 of Game and Fur-beanmj Animals. 36 V. c 45, s, 2. 3. It shall not be lawful to take, capture, buy, sell, expose seiimg or ex- , - , . . I • 1 1 V,. "^ >.! posing for sale tor sale or have in possession any bird whatsoever, save the or trapping kinds hereinbefore or hereinafter excepted, or to set, wholly""^'"'""*''" or in part, any net, trap, sjiringe, snare, cage or other machine or engine by which any bird whatsoever, save and except eagles, falcons, hawks, owls, wild pigeons, king- fishers, jays, crows and ravens might be killed and cap- tured; and any net, trap, springe, snare, cage or other ^°^'^[^'°^«^^j^ machine or engine, set either wholly or in part for the ))ur- pose of either capturing or killing any bird or birds, save and except eagles, falcons, hawks, owls, wild pigeons, kiiig- fishers, crows, jays and ravens, may be destroyed by any person, without such person incurring anv liability therefor. 36 V. c. 45, s. 3. 4. It shall not be lawful to take, injure, destroy or have Nest, young or in possession any nest, young or egg oi any bird whatsoever, ^lken?"°'"^ exc pt of eagles, falcons, nawks, owls, wild pigeons, king- fishers, jays, crows and ravens. 36 V. c. 45, s. 4. 5. Anv person may seize, on view, any bird unlawfully Power to seize possessed, and carry the same before any Justice of the poslls" ed"^""^ Peace, to be by him confiscated, and if alive to be liberated j 6 IP I' 46 Eggs or birds re(]uired for scientific pur- poses. Penalties, TO PROTKCT INHECTIV0R0U8 AND OTHER BIRDS. sind it shall be the duty of all Market Clerks and Police- men or Constables, on the spot to seize and confiscate, and if alive, to liberate such birds. 30 V. c. 45, s. 6. 6. The Coinuiissioner of Agriculture, and all persons authorized by liiin to that effect, may grant written permis- sion to any person or persons who may be desirous of obtain- ing birds or ieggs for bona /id e scientific purposes, to procure them for that purpose, and such person or persons shall not be liable to any i»enalty under this Act. 36 V. c. 45, s. 6. 7. The violation of any provision of this Act shall subject the ott'ender to the payment of not less than one dollar, and not inoie than twenty dollars with costs, on summary conviction, on information or complaint before one or more Justices of the Peace. Application of (2.) Tho wliolc of sucli tiue shall be paid to the prosecu- tv>r, unless the convicting Justice or Justices liave reason to believe that the prosecutor is in collusion with and for the purpose of benefiting the accused, in which case the said Justice or Justices may order the disposal of the fine as in ordinary cases. Imprisonment. (3,) Jn default of jiaymeut of such fine and costs, the oft'eiider shall he imprisoned in the nearest Common Gaol tor a jicriod of not less than two and not more than twenty days, at the dit^cretion of such Justice or Justices of the eace. 8(5 V. c. 45, s. 7. Conviction not S. No couvictiou uudcr this Act shall be annulled or of form.'""^ ^^"' vacated for mu}' defect in the form thereof, or for any omis- sion or informality in any summons or other proceeding under this Act, so long as no substantial injustice results therefrom. 36 V. c. 4.5, s. 8. U« ,1/ i f •i i; /: .i MEMBEBS OF THE COUNCIL OF THE VILLAGE OF PARKDALE / ■ ' ■ AND OFFICERS FOR 1879. /- REEVE: MAJOR J. GRAY. COUNCILLORS: J. B. DAVIS, Esq. CHAS. FRANKISH, Esq, V. A. WALKER, Esq. JOS. NORWICH, Esq. Solicitor. -r-G. B. GORDON. Treamrer:—J. S. LOCKIE. Clerk:— J. B. McLACHLAN. € Medical Health Officer :—DB. E. PLAYTER. J »S(;«sors.— MESSRS. T. COLES and J. GOWANLOCK. Cr>//erfor;—ROBT. CLARKE. 'ence T'ic