■,%. ^>. ^^ v^, - .^. ■••.!, ^lrsuing the new provisions as far as they f^D be fida^Hea \q ^he o{cJ la\y, (ii.) No oiYence coimnittod, and no penalty or forfeiture in- curred, and no proceeding pending under any Hy-law, at any time repealed, shall be affeitemen. (J) Relating to the Suppression and Prevention of Nuisances, (k) Relating to the Numbering of Houso.s. (m) Relating to Pounds and the Inipouniling of Cattle. («) Relating to the Keeping of I'etroleuni, Coal Oil, Ben/ine Hen/ole. Naptha, Paralllne Oil. C.asoleuui and other compounds! and derivatives and other explosives. (o) Relating to a Powder Magazine. (/>) Relating to Public Morals. {(/) Relating to Streets. {/•) Relating to Sewers and Drains, and the rLaw Respecting Junk Stores or Shops. Passed Monday, 3rd April, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. Every person opening or keeping a Junk Store or Shop in the City, shall first obtain from the City Treasurer a license, and pay him the license fee hereinafter fixed for such license, and the City Treasurer is hereby authorized to issue such license upon receiving the license fee. 2. The said license fee shall be $10.00. 3. The said license shall be issued upon, and shall have the following conditions endorsed on the back of the same, that is to say : (a) The licensee shall keep a suitable book in which he shall enter, as they are made, all the purchases made by him, or by anv^ one in his behalf, describing the articles purchased and stating the price paid, and also the name and residence of seller, giving the number and street, which particulars he shall obtain from the seller, and also the date of the purchase. (b) The licensee, or any one in his behalf, shall not sell any article purchased by him, until four days (not including Sunday), after its purchase, during which time he shall keep such article exposed to public view m his store or shop in the front part ot wl f«|i: the -57- same. ma special place or compartment, and allow any per- son to examme the same without charge. ^ (c) The licensee shall not, nor shall any person in his behalf purchase any article from any person who is under fifl^L'jta/s id) The licensee shall not, nor shall any one in his behalf, pur- chase any article which he thinks or has reason to think has been stolen, and shall immediately inform the police of the attempt to sell such article to him. (e) The licensee shall at all times, between seven o'clock A M and eight o'clock P.M., on any lawful day or days, permit l^e' ch ef constable, or any detective or policeman, to search, [^. out a search warrant, his house, store or shop, for stolen .Cs or articles, and to examine the book in condit/on ra/mentioned: (/) Each licensee shall keep suspended in a pubhc place in his shop or store so as to be read by persons the^rein. a copy of the provisions of this By-law, such copy to be furnished on application by the City Treasurer. "irnisned on licenL^sha"l/t h""\'' T °' ^'^ ^'^^^ ^°"^'^-- '^^ -^'^ icensee shall be deemed guilty of a breach of this By-law and liable to the penalty in such case provided. said l^nH V '^' 1!''"'"" ^"'"^ "^"^'^^"^ ^^ ^ third breach of the Tnyone ofThe '^'.^ "^^"!^^^-» ^^ ^o^^-ted, and a breach of any one of the said conditions shall be held to be a breach of the said conditions, within the meaning of this condition ran"; L^'Ii^r!'''-^"'''^ "' Chief Constable shall, without a war- rant as aforesaid visit or cause to be visited, on every alternate lawful day, each licensed junk store or sho^, within the hours before mentioned, m.t nothing in this section contained sh"l prevent him visiting, or causing to be visited, such stores or shops at other times when he shall deem it nece.ary or p^peT paLng''' ^'''" ''"" '""^ ^" ''''' -^ t^k- ^ft-t on its iiMHHBi -58- No. 453. A By-Law Respecting Roller Skating Rinks EsUblished, Held and Kept for Hire or Profit. Passed Monday, 3rd April, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : 1. From and after the passing ot this By-law no person shall establish, hold and keep for hire or profit, any Roller Skating Rink in the City of Kingston, without having first obtained and having a license therefor, which license is to be issued by the City Treasurer of the said City on his receiving authority from this Council to issue the same, and on his receiving the license fee therefor from the person to whom the license has been granted, who shall pay for such license at the time ot its issue to the said Treasurer the sum of $30, Provided always that such license shall not authorize any Roller Skating Rink to be used for any exhibitions or shows unless the license fees mentioned in the By-lav^r relating to theatres, shows, etc., and chargeable for such exhibitions and shows, have also been paid to the said Treasurer. 2. This By-law shall come in force and take effect on its passing. No. 454. A By. Law Respecting Tlieatres, Circuses, Shows, &c. Passed Monday, 3rd April, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows; — I. It shall not be lawful for any person or persons whomso- ever to show or exhibit in the said City any ,vax work, mena- geries, circus riding, or other such like shows usually exhibited by showmen, or to open, hold, or keep any theatre or other place for the purpose of exhibiting any dramatic, theatrical or —59— musical performance, entertainment or concert, regular, comic or burlesque, for hire or profit, or to have or keep any other ex- hibition or other place of amusement, of whatever kind or na- ture, for hire or profit, in the said City, without having first ob- tained and having a license therefor, to be issued by the City Treasurer of the said City on his receiving an authority in writ- ing from the Mayor, or in his absence from the Chairman of the City Council Committee on Licenses, to grant the same, and the person co whom the said license shall be granted shall pay to the said Treasurer at the time of obtaining such license the sum due and chargeable therefor as fixed by this By-law. 2. No indecent or immoral matter or thing whatsoever shall be spoken, sung, represented, pictured, or displayed, in any such show, performance, entertainment or exhibition aforesaid, and m case any indecent or immoral matter or thing shall be spoken, sung, represented, pictured or displayed, in any such show, performance, entertainment, or exhibition aforesaid, or in case the person who shall or may obtain an order for any license from the Mayor or Chairman as aforesaid, shall make any mis- representation or misstatement, to the said Mayor or Chairman as to the description of such show, performance, entertainment, or exhibition, or shall do, permit or suffer anything in connect- ion with anv such show, performance, entertainment, or exhibi- tion, contrary to the true intent and meaning of this By-law, then and in either of the said cases the person so offending shall be brought before the Police Magistrate of the said City, or any Justice of the Peace having jurisdiction, and shall be dealt with as for a breach of this By-law, and if the matter complained of is not immediately corrected the license of such convicted person shall be forwith revoked and annulled. 3. The Major, or in his absence the Chairman of the City Council committee on Licenses, is hereby empowered to grant an order for such licenses as aforesaid. Provided always that no such license shall be granted for a longer period than thirty days without the consent of the City Council, to which in such a case application shall be made. 4. AH licenses to open or hold a theatre, exhibition, show, or Other place of public amusement as aforesaid, shall contain a «;V'''»^''*,»""-SM S 1 —60— condition that no gaming, raffling or lottery, shall be connected therewith, or shall be allowed by the person obtaining the license therefor, or in any way be permitted or held out as an induce- ment to visitors, and that the licensee shall observe the provi- sions of this By-law, and of the By-law respecting the Licenses General Clauses on pain of the penalty for a breach of this By-law. 5. Any person found aiding or assisting in any unlicensed performance or entertainment, or at any unlicensed theatre, exhibition, show or other place of public amusement as afore- said, shall be deemed to be guilty of a breach of this By-law, and shall be dealt with accordingly. 6. For levying any penalty imposed for an infringement of this By-law, so far as it applies to exhibitions of waxworks, mena- geries, circus riding, and other such like shows usually exhibi- ted by showmen, the goods and chattels belonging to or used in such exhibition, whether owned by such showman or not, may be distrained and sold. 7. No license granted under this By-law shall be in force so as to permit any person so licensed to hold any such exhibition or show as aforesaid, on the days of the Exhibition ot the Agri- cultural Association of Ontario or of any Electoral District or Township Agricultural Society, either on the grounds of such Association or Society, or within the distance of three hundred yards from such grounds. 8. No circus or menagerie shall be exhibited in any public street, lane, park or square, in the City, nor in any part of the City south of Queen Street from its intersection with Barrie Street nor east of Barrie Street from its intersection with Queen Street. 9. Amateurs performing in public and not for personal gain shall be exempt from the payment of a license fee. 10. The following sums shall be paid to the City Treasurer by the respective licensees for the licenses for theatres, exhibitions, shows and entertainments aforesaid, respectively, that is to say : For every license to exhibit wax ngures per uay, tor ilie first day $2 00, and for each day after the first day...$ i 00 i all J m —61— For every license for a menagerie per day for each day for which the license may ^e granted $20 00 For every license for an exl \)ition of jugglery or ledger- demain, rope dancing, tumbling, or such like feats, and for all other such like shows usually exhibited by showmen and not specially mentioned in this sche- dule, per day for each day for which the license may ^^Sr^^^^d ^2^ ^^ For every license for a circus per day for each day for which the license may be granted, for the first per- formance, $50.00, for the second performance $25 00 For every license for a side show, exhibition or perform- ance, with or accompanying any circus or menagerie, per day for each day for which the license may be g""^"*^^ $ 5 00 For every license for a theatre for dramatic, theatrical or musical performances, continuing open not less than six consecutive days, for each performance $ i 50 For the same continuing open less than six consecutive days, for each performance ^ ^ 00 For any exhibition of pictures or other works of art, panoramas, tableaux, natural or artificial curiosities or other exhibitions of a like nature, and for other shows not before mentioned, per day for each day for which the license shall be granted, for the first day $2.00, and for each day after the first day.. $ i 00 II. This By-law shall come in force and take effect on its passing. No. 453. A By-Law Respecting Victualling Houses. Passed Monday, 31 d April, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — —62— 1. The Council of the Corporation of the City of Kingston, may from time to time grant licenses to the keepers of victuall- ing houses, ordinaries, and houses where fruit, oysters, clams, or victuals are sold to be eaten therein, and all other places for reception, refreshment or entertainment of the public. 2. Every person who within the said City of Kingston shall keep a victualling house, ordinary, or house where fruit, oysters, clam- or victuals, are sold to be eaten therein, or other place for ^he reception, refreshment or entertainment, of the public, bef jre it shal! be lawful for him to do so shall obtain a license from the City Treasurer who is hereby authorized to issue the same upon payment of the license money. 3. For every such license the person obtaining the same shall pay to the City Treasurer at the time of taking out such license the sum of $1 license fee. 4. The provisions relating to victualling shall not apply to any licensed Tavern or Saloon or the keepers. ' 5. This By-law shall come in force and take offccl on its passing. J! ;l ■• m No. 456. A By-Law Respecting Transient Traders. Passed Monday, 3rd April, 1893. Be it enacted by the Council ot the Corporation of the City of Kingston, as follows : — I. Every transient trader or other person, who occupies pre- mises in the said City, for a temporary period, and whose name has not been duly entered on the Assessment Roll, in respect of income or personal property for the then current year, and who may offer goods or merchandise of any description for sale in the said City, by auction conducted by himself, or by a licensed auctioneer, or otherwise, before it shall be lawful for him to offer any goods or merchandise, for sale as aforesaid, shall obtain a license from the City Treasurer, who is hereby authorized to -63- issne the same, upon payment of the license fee therefor, for which hcense such trader or other person shall pay to the said 1 reasurer the sum of $ioo before obtaining the same. Provided that this section shall not affect, apply to, or restrict, the sale of the stock of an msolvent estatr, which is being sold or disposed of withm the County in which the insolvent carried on businers theiew.th, at the time of the issue of a writ of attachment, or of the execution of an assignment. And provided always tH .t per- sons occupying, or using, a room or rooms, in a hotel, tavern, or otiier house or place, for a temporary period, and selling or offering for sale as aforesaid, goods or merchandise therein, and whose names have not been entered on the Ass« .sment Roll m respect oi income or personal property as aforesaid, shall be deemed to be transient traders within the meaning of this l5y-law and liable accordingly. 2. This By-law shall come in force and take effect on its passing. No. 437. A By-Uw Respecting Intelligence Offices. Passed Monday, 3rd April, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows :— I. Every person setting up, intending to keep or keeping, an intelligence office within the City of Kingston, for the purpose of registering the names and residences of, and giving informa- tion to, or procuring servants, labourers, workmen, clerks, or other employees for employers in want of the same, and for re- gistering the names and residences of, and giving information to or procuring employment for domestics, servants, and other labourers, and any other class of servant, workman, clerk or person, seeking employment, shall before entering upon such busmess, take out a license to be issued by the City Treasurer, who ,s hereby authorized to issue the same, on payment of the hcense n.oney. for which said license the person obtaining the same shall pay at the time of obtaining the same the sum of $2. III! I ■f:^:i I , -64- 2. Every person licensed to keep an intelligence office shall keep a book in which shall be entered at the time of application the name and residence of any person who may apply for em- ployment, and the name and residence of any person who may make application to be supplied with servants, workmen, clerks or other employees, and also any and all sums of money which may be received by the keeper of such office, for any such services that may be rendered to such person, and such book shall at all times be open to the inspection of the City Commis- sioner, the Chief Constable, or a Police Constable of the City, and of the City Council Committee on Licenses. 3. Every person licensed to keep an intelligence office shall be entitled to receive at the time of application the following fees and no more, and such fees shall be the only fees or charges he shall receive : From every person, except as hereinafter is excepted, applying for a place or employment 25 cents. From every person making application for a domestic, servant, labourer, workman or other employee, not being a clerk or employee of an equal or higher status to a clerk, the sum of. 25 cents. Provided always that in cases of clerks and other employees of an equal or higher status to a clerk, the said person licensed to keep an intelligence office shall be entitled to receive a tee of $1 from the person seeking employment, and a like fee from the person seeking to employ a clerk or other such employee as last afore- said ; for which said sums a receipt shall be given at the time of making the application to the person so applying, and in the event of no place or employment being obtained as applied for, or no domestic, servant, labourer, workman, clerk or other em- ployee, as the case may be, obtained as applied for, within one week from the date of the application, one half of the fees so paid shall be refunded on the demand of the person producing the receipt for the same to the person keeping the said office. 4. Every person licensed to keep an intelligence office, who shall directly or indirectly, or through any person or persons, make or use any improper device, deceit, false representation, -65- false pretences, or any iniposition whatsoever, for any improper purpose, 'or for the purpose of obtaining a fee, money, or gratuity or other thing of vahie Irom any customer, person or persons, patron or patrons, or who shall be guilty of extortion, or of taking or demanding any article or thing or any fees except those authorized by the preceding section, shall be subject to the penalty provided for a breach of this By-law upon conviction for any such breach of this By-law. 5. This By-law shall come in force and take effect on its passing. No. 488. A ByUw to Enact General Clauses Respecting Licenses. Passed Monday, 3rd April, 1893. Be it enacted by the Council of ihe Corporation of the City of Kingston, as follows : — I. Except where it is otherwise provided, every person desir- ing to take out a license under any By-law of the City, except a license to sell fresh meat in less quantity than the quarter carcase, and except licenses for a period of thirty days or less for shows, performances, entertainments or exhibitions shall first present a petition to the City Council Committee on licenses (of which petition the Clerk shall give notice to the Chairman of the said Committee forthwith), which Committee shall report to the City Council at its next meeting, and such petition shall set forth the name and place of residence of the applicant, the purpose for which a license is desired, with the number and street or other description of the premises to be used or occupied in connection with such license, and no person so licensed shall transfer such license or shall occupy any other place and carry on the calling or business licensed under such license without having first obtained leave from this Council. 2. Every person obtaining a license under this By-law shall cause the same, or a copy thereof, to be hung up in a conspicuous place vvithm the business part of the licensed premises during the whole time the same are so licensed. H^pHiiiM It! ' 4 I —66— 3. Every victualling house, bowling alley, or billiard or other room containing any table or tables licensed under thd By-laws respecting the same, which shall be situate in any house or pre- mises which-is licensed as a tavern or shop for the sale of intoxi- cating liquors, shall be and remain closed from and after the hour of seven o'clock on Saturday evening until the hour of six o'clock on the Monday morning next thereafter, and on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays, the said houses, alleys and rooms, shall be closed at the hour of half-past eleven o'clock at night and remain closed until the hour ot five o'clock on the following morning, and all other victualling houses, bow- ling alleys and billiard or other rooms, with tables as aforesaid, and all ball alleys, racket and tennis courts, theatres and exhi- bitions, shows and places as aforesaid, licensed under the By- laws respecting the same, shall be closed on every Sunday, and shall be closed on every other day from the hour of half- past eleven o'clock at night to the hour of five o'clock on the following morning. 4. No person licensed to keep a victualling house, intelligence office, ball alley, bowling alley, racket or tennis court, bagatelle table or billiard table, shall permit any loose, drunken or disor- derly person, or one who keeps or resides in any house of ill-fame, bawdy house, or any prostitute, or thieves associate, to resort to, remain at, or frequent, his house or premises, and no person so licensed as aforesaid shall allow any person under the age of eighteen years to frequent his place, or play, or to witness play, or shall keep, or suffer, or permit to be kept, in his house or premises, any faro table, rouge et noir table, roulette table or any other device or devices for gambling or gaming, or shall suffer or permit any tippling or gambling or gaming of any kind to be carried on therein or thereupon. 5. All licenses, unless they are expressed to be granted for a shorter period, and unless the same shall become sooner forfeited, and except as may be otherwise provided, shall be for the cur- rent year or for the period of it to come at the time of the issuing thereof, and shall expire on the thirty-first day of December next following the date of the issue of the same, and on the first day of January in each succeeding year a new license shall be -67- required and must be paid for and taken out if the business is continued or entered upon in any such succeeding year, and no icense shall be for a greater period than one year, and for every license for which an annual license fee is charged (except licenses lor the sale of fresh meat), and which licenses shall be considered annual licenses, issued between the first day of January and the first day of April in any year, the amount to be paid for the same shall be equal to the charge for the full year ; for any such license issued subsequent to the first day of April and before the first day of July, the charge shall be equal to three fourths of the full charge for the full year ; and for any such license issued subsequent to the first day of July the charge shall be equal to one half of the full charge for the full year. Provid- ed that no deduction shall be made in the prices of any licenses other than the said annual licenses. And provided further that no abatement shall be allowed or made as to the license fee to be paid for a license for the sale of fresh meat. 6. Every license issued shall be issued by the City Treasurer and shall be made out in duplicate, and one duplicate shall be delivered to the licensee, and one duplicate shall be kept in a book by the officer issuing the license, and the City Treasurer shall keep for each year a regular calender, or record, under proper headings, of all licenses issued or transferred during each year by him, with names, places, descriptions and other full particulars of the same. 7. Every person to whom a license has been granted shall produce the same whenever it may be demanded by the Mayor Police Magistrate, City Commissioner, or any Alderman or Justice of the Peace having jurisdiction, Chief Constable, Con- stable, or other person duly authorized. 8. This Council may allow the transfer of licenses from one person to another, or from one house or premises to another house or premises, upon the payment of one dollar to the City Treasurer for the use of the City, and the said Treasurer shall forthwith enter such transfer. 9. The City Treasurer shall keep a separate account of all moneys received for licenses and transfers of licenses by him. I —68— 10. No person shall exercise any calling, or do anything, or do or carry on any business, or keep any house, room, table, alley, court, place or thing, for which a license is required, with- out having first obtained and paid for, and having the proper license required to enable him so to do. 11. No person holding a valid Hcense at the time of the pass- ing of this By-law, shall be required to take out a new license for the same business, or calling or thing, until the said license so held by him shall expire. 12. Licenses of the various kinds, issued, shall be numbered in yearly series, from one upwards, and a new license issued to replace one thu t has expired shall bear the number of the latter. 13. Every license issued shall contain a proviso that the licensee shall observe and keep the provisions of the By-law under which it was issued, and of this By-law, on pain of be- ing dealt with as for a breach of said By-laws as the case may be. 14. Every license issued shall be numbered as aforesaid, and shall contain the name and place of residence of the licensee, the thing or business licensed, the number, street or other descrip- tion of the preruises, place, or locality, to be occupied or used in connection with such license, the period for which such license has been granted, with the price paid therefor, and shall be signed by the Mayor, and countersigned by the officer issuing the same, the City Treasurer. 15. Only Hcenses granted to the keepers of bagatelle tables, biUiard tables, ball alleys, bowling alleys, racket courts, tennis courts, victualling houses, intelligence offices, and to butchers, or sellers of fresh meat, to hawkers or petty chapman, and to auctioneers, are hereby classed as annual licenses, and such licenses shall end on the thirty-first day of December following their issue, the charges for which may be reduced as aforesaid according to the time of their issue. 16. Before any license is issued the premises which it is pro- posed to use or occupy in connection therewith shall be inspect- ed by the City Commissioner, who shall report m writing to the Mayor or Chairman of the Committee on Licenses upon the -69- fitness or unfitness of the same. Provided that the clerk of the market shall inspect the premises proposed as places for the sale of fresh meat, 17. Where the delay of having the application disposed of by the City Council would cause loss or much inconvenience the Mayor or said Committee on Licenses may grant the license pro- visionally subject to the action of the City Council. 18. The provisions of this By-law shall apply to all licenses issued under By-laws of the City, and the licensees holdmg the same except so far as it may be otherwise provided in the said By-laws. 19. This By-law shall come in force and take eflect on its passing. No. 459. A By-Law to Fix the Time for Talcing tlie Assesssment. Passed Monday, 3rd April, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows: — I. The assessments in and for the City of Kingston shall be made and taken as follows, that is to say : Between the first day of July and the thirtieth day of September in each year ; that the rolls shall be returnable to the City Clerk on the first day of October in each year ; that the time for closing the Court of Revision shall be the fifteenth day of November in each year ; and that the time for final return by the Judge of the County Court shall be the thirty-first day of December in each year ; and the periods for taking said assessment and for the.revision of the rolls by the Court of Revision and by the County Judge, shall henceforth be as herein is provided, and not otherwise ; and that the assessment to be made and taken under the above pro- visions, first after the passing of this By-law, shall be adopted as the assessment on which the rates shall be levied for the next year following the year in which the same was made and taken, "ffil ''If li —70— and the assessment so made and taken in each year following the last mentioned year shall be the assessment on which the rates shall be levied for the year following the year in which it is so made and taken. 2. This By-law shall come in force and take effect on its passing. No. 460. A By-Law Respecting Cruelty to Animals and to Prevent the Same. Passed Monday, 3rd April, 1893. Be it enacted by the Council of the CDrporation of the City of Kingston, as follows : — 1. No person shall excessively, cruelly, wantonly or unneces- sarily, beat, bind, ill-treat, abuse or torture, or otherwise cruelly treat, any horse or other animal, within the limits of the said City, and no person shall urge, by beating or otherwise, any horse or other animal, to draw or carry any load or burden which shall appear to be beyond its ordinary or natural strength or ability to draw or carry. 2. No person shall urge, by beating or otherwise, any horSe or other animal, beyond its ordinary or natural strength, to draw any heavy load by a sleigh, or other vehicle without wheels, over the bare ground in winter, or at any other time, and it shall be lawful for any member, or officer, of the City Council, or of the police force, to order any person so offending, to stop im- mediately and reduce the weight of the load imtil it can be easily drawn. 3. No person shall promote, or encourage, or be in any way present at, or aid, or take part in, any match, or exhibition, of a prize or pre-arranged fight, or challenge fight, between men or women, or between a man and a woman, or between minors, or of bull-baiting, cock-fighting, or dog-fighting, nor shall any per- son encourage, or set on, any dogs to fight. 4. This By-law shall come in force and take effect on its passing. { -71- I No. 461. A By-Law Respecting DogS. Passed Monday, 3rd April, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. It shall not be lawful for dogs to run at large in the said City. 2. If any dog running at large in the said City shall run at or attack any person peaceably travelling in any public street, highway or public place in the said City, or the liorse upon wliich any person may be riding, or which any person may be leading, or drivmg in any carriage or other vehicle, and complaint thereof be m^de to the Police Magistrate of the said City, or other Justice of the Peace having jurisdiction, such Police Magistrate or Justice aforesaid shall enquire into the complaint, and if satisfied of its truth, and that such dog is dangerous, or in the habit of running after, barking at, or attacking persons or horses in the streets of the said City, such Police Magistrate or other Justice as aforesaid shall issue an order in writing to the occupier of the house in which such dog is kept to kill, securely chain, confine or remove such dog out of the City im- mediately on receipt of such order, and if the occupier of the house in which such dog is kept shall neglect or refuse to obey the said order within forty-eight hours after being served there- with, he shall be liable to be fined in the sum of two dollars, together with costs, and in a further sum of two dollars with costs for every forty-eight hours thereafter until such dog be killed, securely chained, confined or removed from the said City, and every occupier of a house in which such dog shall be kept shall upon receiving notice for that purpose from the Police Magistrate of the said City, or Justice as aforesaid, or Clerk of the Police Court of the said City before whom any such com- plaint may be made, produce such dog at the hearing of such complaint in order that the complainant may identify the same, and every occupier of a house or premises in which any dog is kept or suffered to remain for the space of twenty days previous t'i > i^i t j1 I I ■a —72— to the assessment of a tax in respect thereof, or previous to any complaint being made against such dog, shall be deemed the owner thereof for all the purposes of this By-law. 3. if the occupier of any house or premises in or about which any bitch is kept or allowed to remain shall not tie up or confine the same within such house or premises during the whole period such bitch shall be in heat the said occupier shall, upon conviction before the Police Magistrate of the said City or other Justice of the Peace having jurisdiction, forfeit and pay for every such offence a fine of four dollars, together with costs, and it shall be lawful for the High Bailiff, Chief Constable, or any constable or inhabitant of the said City, to destroy such bitch during the period aforesaid if found running at large. 4. It shall be the duty of the occupier of any house or pre- mises, in or about which a dog is kept, to keep in and confine or muzzle the same after any order shall be issued by the Mayor and City Council for the purpose, for the period mentioned in such order, and if the said occupier shall refuse and neglect so to do the day after the publication of such order or notice, he or she shall, upon conviction before the Police Magistrate of the said City or other Justice of the Peace having jurisdiction, for- feit and pay for every such offence a fine of four dollars and costs, and it shall be lawful for the High Bailiff, Chief Constable or any constable or inhabitant of the said City, to kill and destroy any dog running t large during the time ordered by the Mayor and City Council for the same to be kept in, chained or muzzled. 5. Any person who shall fasten, or tie, any kettle, wood, or other article, to the tail of any dog, and turn the same at large therewith, shall forfeit for such offence a fine of four dollars with costs, upon being convicted thereof, before the Police Magis- trate, or other Justice of the Peace, as aforesaid. 6. Any person who shall set on, or encourage, any dogs to fight, or aid or assist in so doing, and the owner of any dog who shall neglect, or refuse, immediately to separate and take away his dog when fighting, upon being requested to do so by the High Baliff, Chief Constable, or any constable, or inhabitant of the said City, sliall forfeit and pay a fine of two dollars and costs. (S)! w or upon being convicted thereof before the Police Magistrate Of other Justice of the Peace, as aforesaid. 7. The occupier of every house, or premises in which any dog IS kept, shall have a collar with the name of the owner legibly engraved, painted, or written thereon, constantly kept around the neck of every such animal, under the penalty of two dollars and costs, upon conviction before the Police Magistrate, or other Justice of the Peace, as aforesaid, and it shall be lawful for the High Bailiff, Chief Constable, or any constable, of the said City, to destroy any dog running at large without such collar, at the expiration of one month next after the passing of this By-law. 8 Any butcher, market gardener, or huckster, frequenting the market of the sa:d City, who shall keep or harbour any dog in any part of the market square, during the hours appointed for the sa.d market to be kept open, shall, for every such offence, forfeit and pay a fine of one dollar and costs, on b..ing convict- ed thereof before the Police Magistrate of the said City or other Justice, as aforesaid, and the Clerk of the Market and High Bailiff of the said City, are hereby required to give notice to the Clerk of the City Council of the said City of ali persons offending against the provisions of this By-law. 9. The owner, or possessor, of any dog found running at large or without a collar such as is required in and by section 7 of his By-law, shall be deemed to be guilty of a breach of this By- law, for every day his dog is so found, and liable accordingly. 10. This By-law shall come in force and take effect on its passing. No. 462. A By-Uw Respecting Wooden Buildings, Wooden Roughcast Buildings, Wooden Metal Protected Buildings, and Wooden Buildings Veneered with Brick. Passed Monday, 3rd April, 1893. Be it enacted by the Council of the Corporation of the City ol Kingston, as follows :-— F If S 'I -74- I . Except as is hereinafter provided no wooden, wooden rough- cast, wooden metal protected or wooden brick veneered build- ings of any kind or for any use or purpose, shall be begun, carried on, erected, or put or placed in any part of the City lying within the following limits which shall be the fire limits of the City, that is to say : Commencing at the foot of Barrie Street, thence northerly along Barrie Street to Ordnance Street, thence easterly down Ordnance Street to Rideau Street, thence northerly to Bay Street, thenco easterly down Bay Street to the waters of the Harbour, thence along the waters of the Harbour to Emily Stieet, thence along Emily Street to King Street, and thence southerly along King Street to the place of beginning ; and no wooden, wooden roughcast, wooden metal protected, or wooden brick veneered addition, shall be made to any building within the said limits, and no building shall be begun, carried on, erected, put or placed, within the said limits having other than its main walls of brick, iron or stone, and its roofing of incombustible material or shingles laid in mortar, except as hereinafter is ex- cepted. Provided always that wooden buildings covered and roofed with metal may be erected on water lots where a sufficient foundation cannot be had for a stone or brick building, and pro- vided also that it shdl be lawful to erect substantial wooden buildings roofed with metal, or other incombustible material, or with shingles laid in mortar, such buildings to be roughcast in a careful and substantial manner, or the walls shall be covered on the outside with sheet iron, tin or galvanized iron p;ate, in any part of the Cit> within the said limits, except on the lots or properties fronting on the following named streets, viz. : (i) Princess Street, from the water's edge to Barrie Street. (2) King Street, irom the Place de Armes to Barrie Street. (3) Ontario Street. (4) Clarence Street. (5) Brock Street, from the water's edge to Bagot Street. (6) Queen Street, from the water's edge to Wellington Street. (7) Wellington Street between Clarence and Queen Streets. (8) The east side of Bagot Street between Clarence and Queen Streets. (9) The west side of Bagot Street, between a point 150 feet li 'I —75— south from Princess Street to a point 150 feet north from Princess Street. (10) Montreal Street between a point 150 feet south from Prmcess Street and a point 150 feet north from Princess Street. (11) Sydenham Street, between a point 150 feet south from Princess Street and a point 150 feet north from Princess Street. (12) ClergyStreet. between a point 150 feet south from Princess Street and a point 150 feet north from Princess Street. (13) The west side of Barrie Street, between a point 150 feet south from Princess Street and a point 150 feet north from Princess Street. 2. It shall also be lawful to erect wooden buildings veneered with brick of the height specifications and description set forth m the schedule to this By-law, within ihe fire limits of the City wherever wooden buildings, roughcast or metal protected may be erected under the preceding section, and also on the follow- mg parts of streets in the City, viz. : (a) Queen Street, from Wellington Street westward. (6) Brock Street, from Bagot Street westward. Provided that no wooden, roughcast buildings, or metal protected buildings shall be erected in said parts of said last mentioned streets. 3. Provided, further, that no wooden o ughcast or metal protected building, or wooden building veneered with brick shall be built within a less distance than three feet from any 'other buildmg unless there be a fireguard wall of brick not less than nme mches thick, or if of stone not less than sixteen inches thicK, to extend from the foundation in the ground up to and one foot three inches above the roofs of said buildings ; and provided also that no wooden or roughcast building or metal protected building, or wooden building veneered with brick, shall be erected within sixty-six feet in the rear of or behind buildings in streets or parts of streets in which the erection of such first-mentioned buildings is prohibited by this By-law. 4. Nothing in this By-law contained shall have, nor shall the passing of this By-law have, the effect of legalizing the erection ot any wooden, wooden roughcast, wooden metal protected or wooden brick veneered building, or addition to any building mv iiH -76- which may have been heretofore erected contrary to any By-law of the City heretofore in force. 5. Where wooden buildings are roughcast they shall be rough- cast all round on each sidi. urd v ach end on the outside, except the roof, and wiien they aie protected with sheet iron, tin or galvanized iron plate, the metal shall be similarly applied, and all such houses or buildings shall be completed within three months from the commencement thereof. 6. All roughcasting and metal pr lection ot buildings, required under this By-law, shall be done to the satisfaction of the City Engineer, who, before its use, shall inspect the meial for protec- tion proposed to be used, and no material condemned by the said Engineer shall be used for the said purpose, and said pro- tection shall be renewed when necessary. 7. It shall not be lawful for any person to begin, carry on, put, place, or erect or re-erect, any wooden, wooden roughcast, wooden metal protected, or wooden brick veneered building or addition to any building, in places within the said fire limits where the putting, placing and erection of such buildings are prohibited by this By-law, and no person shall do so, and the main walls of all buildings to be erected or re-erected on the lots or properties fronting on the streets, parts of streets, and sides of parts of streets mentioned in section one of this By-law, except on the lots or properties fronting on that part of Queen Street west of Wellington Street, and on the lots or properties fronting on that part of Brock Street west of Bagot Street, shall be composed ot brick, iron or stone, and no wooden, wooden roughcast, wooden metal protected, or wooden brick veneered buildings or additions shall be begun, carried on, erected, put or placed on the lots or properties fronting on the streets or parts of streets mentioned in section one of this By-law, and that wooden brick veneered buildings and additions may be erected, put and placed on the lots or properties fronting on the said parts of Queen and Brock Streets respectively. 8. All wooden, wooden roughcast, wooden metal protected, and wooden brick veneered buildings or additions to buildings, which have been at any time heretofore begun, carried on. dings, —77— erected, put or placed iu the City contrary to any By-law or By-laws heretofore in force, or which may hereafter be begun, carried on, erected, put or placed in the City contrary to this By-law, shall and may be pulled down or removed by this Council at ihe expense of the owner tiiereof. Provided that such owner shall, before any such building or addition to a buildu/g t,hall be pulled down or removed, receive two weeks' notice in writing of the intention of this Council to pull down or remove such building or addition in default of his doing so, which notice may be left at the owner's residence or place of business in the City, or if such owner is not a resident of the City the notice may be left at the residence or place of business of his agent if he have one in the City, or with the occupant of such building or addition if there be one, or may be mailed to the owner's address if known ; and if the owner is not a resident of the City, and has no agent in the City, and if his address is not known and the building or addition is unoccupied, then such notice may be fastened to the building or addition to be pulled down or removed, and it shall be the duty of such owner to pull down or remove such building or addition accordingly, and if on the expiration of such notice the building or addition has not been pulled down or removed, then it may be forthwith pulled down or removed at the expense of the owner by this Council, which expense mny be recovered in any court of competent jurisdiction. 9 Any removal or enlargement of any such wooden, wooden roughcast, wooden metal protected or wooden brick veneered building, or addition to a building shah be considered a re-erec- tion within the terms of this By-law, and any repairs to any building or addition, which will be necessary to execute to the extent of one half of the whole value of such building or addition, shall be considered a re-erection thereof within the terms of this By-law. Provided that all such buildings or additions may be removed outside of the said fire Hmits by the owners with the permission of this Council. ID. This By-law shall come in force and take effect on its passing. SCHEDULE. Any buildiiig erected under the provisions of the foregoing _7H- By-law respecting wooden IjuildinRs veneered with brick, shall have a good and sulHcient stone foundation, not less than eigh- teen inches in thickness and extending to a ileplh of at least three feet six inches under the surface of the ground at all parts. The total height of any such building, from the top of said stone foundation to the eves, shall not exceed tv-enty-two feet, and it shall be strongly and thoroughly framed in all parts with timbers of such dimensions as shall ensure perfect freedom from vibration. The said building shall be sheathed on the outside of the frame with boards not less than one inch in thickness, thoroughly nailed at each bearing. The brick veneering shall be at least four inches in thickness, bonded in all parts, and thoroughly secured to the framing of the building at intervals not exceeding thirty-two inches in any direction. The roof to be covered with incombustible material, or shingles laid in mortar. Ilfr No. 463. A By-Law to Appoint a Medical Health Officer and a Sanitary Inspector for the City of Kingston. Passed Monday, Oct. i6lh, 1893. Whereas it is expedient that a Medical Health Officer and a Sanitary Inspector for this City should be appointed. Be it therefore enacted by the Council of the Corporation ot the City of Kingston, as follows : — 1. That Samuel H. Fee, M.D., be and he is hereby appointed Medical Health Officer for the City of Kingston. 2. That in addition to his duties under the Public Health Acts, the said Samuel H. Fee, shall perform the following duties, namely ; —79— (a) He shall be the Public Vaccinator under the Revised Statute of Ontario, Chapter 20b, the City furnishing him, with- out cost, the vaccine as required. (b) He shall act under and carry out the instructions of the Local Board of Health of the City, and attend all meetings of the Board, and between its sittings he shall obey the directions of the Chairman of the Hoard. (c) He shall perform all other duties imposed on him, as such Medical Health Officer by law, and he shall also, if and when required by this Council, from lime to time, specially report to it upon the state of the public health of the City and its sanitary condition, and on the sanitary state of any part of the City. 3. The salary of said Medical Health Officer shall be $400 per annum, payable monthly, and it shall include all fees imder K. S. O. Chapter 206 aforementioned, and said salary shall be the only remuneration payable to the said Samuel H. Fkk, and to which he shall be entitled, for all the duties he has to perform under the said Acts, and this By law. 4. '1 hat William S. Gordon be and he is hereby appointed Sanitary Inspector under the Public Health Acts, at a salary such as is or may be from time to time fixed by this Council, payable monthly. 5. This By-law shall come in force and take effect on its passing. No. 464. A By-Law Respecting the Fire Department and the Suppression of Fires. Passed Monday, Oct. i6th, 1893. Be it enacted by the Cnnnril nf thp Prirnorafirin nf tha rit,T of Kingston, as follows : — — So- li ^1 1. The Fire Department of the City of Kingston shall consist and be composed of a Chief Engineer, a Mechanical Engineer and Caretaker, a Foreman, and a Stoker, and of not less than seven men, exclusive of the said officers. Provided always, that it shall be competent for the Council, by resolution, at any time to increase the number of men or officers, or to decrease tlie same in their discretion. 2. The Chief Engineer and the Mechanical Engineer and Caretaker, the Foreman, Stoker and the men, shall be appointed by the Council, on the recommendation of the Committee on Fire, Water and Light, and shall hold office during the pleasure of the Council. Provided that the officers and men now in office ohall remain and continue therein during the pleasure of the Council, and their successors shall be appointed as aforesaid. 3. The Chief Engineer shall make rules and orders for the government of the Department not inconsistant with or contra- dictory to this By-law, and subject to the approval of the Council's Committee on Fire, Water and Light, and also of the Council, the present rules to stand until altered by due authority. 4. The Chief Engineer, cr in his absence the Foreman, shall be responsible for the discipline, good order and conduct of the whole Fire Department, and it shall be the duty of the Chief Engineer and Foreman, respectively, to see that the provisions of this By-law respecting the duties of the members of the Department and the care of the engines, hose carriages, hose and other apparatus, and furniture belonging thereto, be care- fully and strictly carried out, and the Chief Engineer, or person acting in that capacity or in lieu of him, shall have chief control and superintendence under the Committee on Fire, Water and Light, and under the provisions of this By-law of the said Department and the members thereof, and of all engines and other apparatus used by and for the purposes of the Department, and of all furniture and apparatus belonging thereto. 5. The Chief Engineer on fire duty shall have supreme control and command of the Fire Department, and shall be assisted in his duties by the Foreman, who shall, when on duty, keep in communication with him, transmit his orders, see that they are I - — Si— properly obeyed, and shall himself give no orders but his, except in his absence from duty. • 6. In the absence of the Chief Engineer the Foreman shall discharge the duties of the Chief Engineer, and shall be acting Chief Engineer for the time being, and shall have all the powers pertaining to the office of Chief Engineer while acting as such. 7. The Chief Engineer, assisted by the Foreman, shall muster the whole Department at such place in the City, and on such day or days as the Committee on Fire, Water and Light shall appoint, and it shall be the duty of the Mayor and the Committee on Fire, Water and Light to attend such musters, of which they shall be duly notified by the Chief Engineer, and on such occasions the Department shall be reviewed and exercised with their engines, hooks and ladders, hook and ladder carriages, hose and hose carriages, and all their other fire apparatus. 8. At every such muster a list of the men and officers present snail be taken by the Chief or Acting Chief Engineer, and those absent without leave shall be immediately reported to the Com- mittee on Fire, Water and Light, and upon enquiry, such of them as were absent without a sufficient reason satisfactory to the said Committee, shall be dealt with by the said Committee, who shall reprimand, or suspend or dismiss, as they deem proper, subject to an appeal to the Council, and such persons so offend- ing shall also be deemed to have been guilty of a breach of this By-law and liable to the penalty provided in such case. 9. As soon as may be, after such muster, the Chief Engineer shall transmit to the City Clerk a copy of such list and also a list of the absentees with and without leave, with his report, to be laid before the Committee on Fire, Water and Light ; he shall also at the same time transmit to the City Clerk, to -j also laid before the said Committee, a written report of the numbers and state of efficiency of the Department and the state of the engines, hooks and ladders, carriages, hose and apparatus of the Depart- ment, m which report he shall state such repairs and other matters which may be required and which he may think needful. 10. The Chief Entrineer and the Foreman shall nrnrnntlv attend all fires where the Chief or Acting Chief Engineer shall —82-. place himself in a conspicuous position, so that those whose duty it may be to commuicate with him, and those desirous of doing so, may readily find him, and the foreman shall place himself under his orders and at his disposal to assist him in the discharge of his duties, and carry his orders and directions to the Fire- men and others engaged at the fire, and otherwise obey all his lawful commands. 11. It shall be the duty of the Foreman to report to the Chief Engineer, who shall also himself take notice of and report in writing to the Committee on Fire, Water and Light, any act of disobedience, insubordination, or irregularity, committed by any member of the Department, and the name and rank of the offender, and if the charge preferred be found by the said Com- mittee upon investigating the same, to be well founded, it shall be lawful for the said Committee to reprimand or suspend the ortender, or otherwise lawfully deal with him as to the Committee shall seem meet, and any member ro offending shall be deemed guilty of a breach of this By-law and subject to the penalty in such case provided. 12. The Chief Engineer or Foreman, shall have power to sus- pend any man of unsteady, disorderly or intemperate habits, or mcompetent to discharge his duty while on duty, reporting such suspension forthwith to the Committee on Fire, Water and Light aforesaid. 13. The Chief Engineer and Foreman shall in every case ot fire take all proper measures for extinguishing the same, and for the preservation of Hfe and property thereat, and the said Chief Engineer, or in his absence the Foreman, with the consent of the Mayor, or in his absence of the Comm.ittee on Fire, Water and Light, or any three members thereof, one of whom shall be the Chairman, or in the absence of these, with the consent of any three members of the Council, may cause to be pulled down, demolished, blown up or removed, all buildings, erections or fences, which he or they shall deem necessary to so deal with, in order to arrest the progress of any fire and prevent its ex- tending. 14. It shall further be the duty of the Chief Engineer to ex- amine montlily, 01 ofleuer if necessary or if directed so to do, -83- into the condition of the engines, hose and all other apparatus pertaining to the Fire Department, and the houses or stations wherein the same are kept, and to report m writing on the state of the same to the Committee on Fire, Water and Light immedi- ately after each monthly examination, or oftener if necessary or required to do so. (a) Also to see that the fire engines and all apparatus belong- mg to the Fire Department are kept in good order and efficient repair, so as to be serviceable at any moment. (6) Also to report in writing to the Council on the first day of January in each year all fires that have taken place within the City during the preceding year, with the causes thereof as well as can be ascertained, the number and description of the buildings or other erections which may have been pulled down, blown up or demolished, to prevent the fire extending, with the names of the owners and occupants of such buildings, and if any lives have been lost, the name or names of the deceased, and the cause of death. (c) Also to keep correct rolls of the Department, the time ot appointment of the members, their names, ages, residence, and the time of their suspension, restoration, dismissal, or discharge, with a memorandum of the offence or cause thereof. (d) Also to attend all drills, musters, reviews and meetings of the Department for parade or exercise. (e) Also to enforce all rules and regulations made for the good order and discipline of the Department, and the provisions of this By-law, and for the suppression of fires. (/) Also to report in writing to the Committee on Fire, Water and Light, the absence of the Foreman or of the Mechanical Engineer from fires or their other duties, with the reasons there- for if any be known to him. (g) Also to report in writing to the Committee on Fire, Water and Light his own absence from fires or his other duties, and the reasons therefor. Provided that the Committee on Fire, Water and Light may grant leave of absence to the Chief Eng- ineer, or the Foreman, or to the Mechanical Engir-er, providing A suitable substitute for the latter at his expense be supplied 8i 'W 7. w riM "W IMAGE EVALUATION TEST TARGET (MT-3) 1.0 Ml 12.5 s^ as us •« llll 1^ 11 2.0 ! I.I L25 II U IM 11.8 Photographic Sciences Corporation 4p #- ft e & ^ sj \^ A M ;\ \ ^ s^. ^y. ■^c," >. V^'o ;\ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (71o) 872-4503 '^ :^^ k- 'h <^-> ^o '<£ — 92— POLICE FORCE. 53. It shall be the duty of the Chief Constable, and as many of the force under him as can be spared from other duties, to attend all fires by leave of the Police Commissioners. 54. It shall be the duty of the members of the police force who attend at fires to preserve good order, to prevent irregular- ity and confusion, to prevent the firemen from being obstructed or hindered or hampered in the discharge of their duties, to keep the people at such fires back to the position to which they may be restricted by the Chief Engineer, to exert themselves to the utmost to save li and property, and to take charge of arid guard and protect such property as may be rescued or placed under their charge for safety. 55. And to take into custody all persons who are drunk, or acting improperly, or who refuse to obey any lawful commands or directions, which under the provisions of this By-law it shall be the duty of such persons to obey. 56 Any member of the force on becoming aware of the exis- tence of a fire, after notifying the inmates of the house, shall immediately proceed to the nearest box and sound the alarm. FIRE ALARMS. 57. A list of the fire alarms and fire alarm boxes with their numbers shall be hung up in the City Clerk's Office, in the Police Office, and in every engine house or place where any of the fire apparatus is kept, conspicuously printed on cardboard. 58. Upon any alarm of fire the City police, with the bell at the City Hall, and the Sexton of St. Mary's Cathedral, (until such time as the City procures a bell for the upper part of the city) shallsound a "general alarm in accordance with the strokes of the electric gongs. 59. When the bell at the City Hall ceases sounding the, general alarm, which it shall do after the lapse of two minutes the other bell shall also cease ringing, and when information has arrived of the locality of the fire, the person ringing the bell at the City Hall shall strike distinctly, and at due intervals, strokes to the number prescribed as the fire alarm for the locality, after which -93— he shall pause for the space of two minutes, and then strike as before. 60. The bells shall continue to strike the alarm as above for the space of one quarter of an hour, for which the Sexton of St Mary's Cathedral shall be entitled to demand and receive from the Council the sum of one dollar. 61. If the alarm has been false, the person ringing the bell a^ the City Hall shall strike nine strokes at intervals, twice in suc- cession, when the bells shall cease ringing. 62. Any person wilfully giving or causing to be given a false alarm shall be deemed guilty of a breach of this By-law and liable to the penalties in such case provided. RELATING TO THE PREVENTION OF FIRES. 63. It shall be lawful for the High Bailiff, Chief Constable, any Police Constable or other officer of the City, to enter in or upon and search or examine any lot, house, workshop, cellar, yard, stable, shed or other premises or erections in or on which there is reason to believe there is any stove, stovepipe, furnace, chimneys, flues or other implements, gunpowder, shavings, straw, or any combustible or other matter which may be con- sidered as hazardous or dangerous in causing or communicating fire, and for the said High Bailiff, Chief Constable, Police Con- stable, or other officer, personally to notify the owner or occupier of such premises to take down, remove, carry away, make secure or destroy the same, and in case such owner or occupier shall refuse or neglect to do so for the space of twenty-four hours after such notice, he. she or they shall be liable in such penalty as is authorized for a breach of this By-law, and in the like penalty for every day such nuisance or danger shall remain un- removed, undestroyed or unabated, and also that it shall and may be lawful for the High Bailiff, Chief Constable, Police Constable, or other officer as aforesaid, with the authority of the Mayor or the Police Magistrate, in case the said nuisance or danger re- mains unremoved, undestroyed or unabated, at the expiration of twenty-four hours after such notice to cause such nuisance or dangerous article or thing to be taken down, removed, carried away or destroyed at the expense of such owner or occupier, and —94— for that purpose to enter into any such place or premises as aforesaid with such workmen or others as may be necessary for the purpose. 64. All stovepipes which may be carried through any partition of wood, or wood and lime, or other thing, or through any floor or any house or building, shall in every case pass through stove- pipe stones or bricks, or within pots of tin, and shall be kept at least six inches from any part of the wood of the partition or floor and at least ten inches from the beam or ceiling of any room through which any stovepipe may be conveyed, which shall be safely and properly secured to the beams or ceiling with wire, chain, or iron-hoop. 65. No stovepipe shall be carried through a window, side-wall or gable end of any building. 66. Every stovepipe carried through the roof of a house or building of any description shall be secured in a sufficient brick flue, built from the garret floor and ascending at least three feet beyond the roof of the said building. 67. All pipe-holes in any chimney in any house or building not being in use shall be by the occupant kept closed with a tin or sheet iron stopper or ventilator, and all fire-boards shall be protected inside at the bottom and for six inches up from the bottom by covering them with tin or sheet-iron securely fastened. 68. Every stove used In any house or building within the City shall be placed not less than twelve inches from any lath or wooden partition, r.nd every stove so used shall be furnished with an ash-pan or stand of suitable size, constructed ot proper materal, metal or wood, securely and wholly covered with tin or sheet-iron, to be placed in front of the door of or under such stove. 69. No person shall carry through any square, street or lane, or through any yard, or into or through any mill, stable, barn or out-house in the City, any fire, lighted coals or wood unless in a covered vessel of iron or other safe material, and no black- smith or other person shall make any fire in any street or square or elsewhere near any combustible material. mises as ssary for partition iny floor jh stove- 2 kept at tition or g of any 1, which ling with jide-wall a house iufficient ast three building ith a tin shall be from the astened. the City ' lath or hed with I proper th tin or der such or lane, )le, barn d unless o black- r square —95— 70. Every occupant of any house or building within the City in which a fire is kept, is required to provide for all ashes re- moved from stoves and fire-places a safe receptacle to be made of materials not subject to take fire, and any such occupant depositing or keeping or suffering to be deposited or kept, any ashes in a box, barrel, cask or any other thing consisting ot materials subject to take fire, in such tenement or in any pre- mises occupied therewith, shall, for each and every offence, forfeit and pay such po, ilty as may be imposed under the By-law in thit behalt for a breach of this By-law. 71. No person shall carry or keep any lighted candle or lamp in any livery or other stable or mill, barn or out-house in the said City, or near any gun-powder or inflammable or explosive or other substance or fluid, unless the same shall be carried or enclosed in a lantern so constructed as to emit light and prevent its com- municating fire to any such combustible materials in such places. 72. No person shall smoke or have in his or her possession any lighted pipe or cigar in any work-sliop or other place where- in are combustible materials, or in any stables, out-house or barn. 73. No person shall place or deposit any quick lime or un- slacked lime, in contact with any wood of a' house, out-house or other building or fence, and any person so doing or failing to re- move such lime or to secure the same so as to prevent any dan- ger of fire when required, shall be guilty of a breach of this By-law. 74. No person shall use any house or premises in the City as a manufactory of lucifer matches, fire- works, or gunpowder, nitro- glycerine, dynamite, or other explosive material. 75. No person shall use or occupy within the City any build- ing or place for the manufacturing of turpentine, tar, refined petro- leum, oil, kerosene, paraffine, benzine, camphine, naphtha, or other dangerous or easily inflammable or explosive substance, for the storage of fire-works. 76. No person shall store or pile coal in a heap except in a shed enclosed on three sides or other enclosed place with a good water tight roof or with a water tight covering and in such a manner that no water, rain or snow can reach it. -96- 77- No person shall have, put or keep hay, straw, grain in straw, cotton, flax, hemp or wood shavings or other easily in- flammable material in stack or pile in the City without securely enclosing or covering the same so as to protect the same from the danger of ignition by sparks or other means. x 78. No person shall have or keep a lumber yard within the City whereat the buying or selling of lumber or timber is carried on, or whereat lumber or timber is stored unless such yard shall be v..iolosed with a good and substantial close board fence at least six feet in height from the ground. 79. The Members of the City Council shall be Fire Wardens for the City, and as such shall use their best efforts in the sup- pressing of fires within the City, subject to the provisions of this By-law. 80. It shall be the duty of the Chief Engineer to inspect all houses and buildings in the course of erection and all other houses and buildings as he may deem necessary, and see that the provi- sions of this By-law relating to the prevention of fires have been and are carried out. 81. All chimney stacks shall be carried to a height of not less than four feet above the ridge or deck of any roof carriod by, con- nected T ith or abutting upon, the walls to which the said chim- ney stack is attached, and where a chimney stack is used to carry away smoke or noxious vapours from any manufactory where an engine and boiler of more than twelve or less than eight horse power are used, such chimney shall not be less than i'ty feet in height above the level of the street adjoining such manu- factory, and it shall not be lawful to erect or use within the fire limits of this City, as defined in the provisions of the By-law re- lating to wooden buildings, any other description or kind ot chimney stacks. 82. No timber shall be laid within two feet of the inside of any oven, copper, still boiler or furnace, nor within nine inches of the opening of any chimney or within seven inches of the inside of any flue. 83. No person or persons shall hereafter place any stove in any house or building in the said City, without leaving twelve inches clear from any wood-work, immediately above such stove and nine inches from any wood-work opposite the sides of the same, and at least six inches from the floor. 84. No pipe or funnel for conveying steam or hot air shall be fixed next any public street or highway or the front of any build- ing, nor shall any funnel, pipe or flue for conveying fire, smoke or hot air be fixed on the inside of any building nearer than twelve inches to the face of any timbers of roofs, ceiling or partitions, nor shall any such funnel, pipe or flue pass through any timber,' framing or partition of wood or wood and lime, or through any wooden floor in any house, outhouse, ofiice, or building what- ever, within the said City, unless there shall be a space of at least three inches clear between the said funnel, pipe or flue and such framing, partition or floor, or un less the same shall pass through a chimney of stone or brick and motar or shall be en- circled by a rim of solid stone, brick or metal, not less than three inches wide and equal ' ■ .hickness to the full finished thickness of the framing through which such pipe shall pass. 85. All depositories of ashes shall be built of brick or other fire-proof material without wood in any part thereof; and no person within the said City, not having an ash-pit as above prescribed, shall keep more than two bushels of ashes on his, her or their premises. 86. No person or persons shall place or keep any ashes re- moved from any stove or fire-place, in any wooden box or other wooden vessel, or within three feet of any wooden partition in his, her or their house or premises in the said City or in any out-house or shed, or shall place or permit to be placed any hay, straw or other combustible material, uncovered, in his, her or their court-yard or lot of ground within one hundred feet of any building. 87. No person shall without leave of the said Council, by reso- lution thereof, set up to work any sleam engine in the said City, or erect, construct, or build or aid in the erection, construction or building of any fire-place, hearth or chimney to be used in any iron foundry, furnace or blacksmith shop, or in the casting of molten iron or other metals, or shall make, light, or kindle any -98- fire in or upon any such fire-place, chimney or furnace so made or constructed. 88. No person shall establish, set up, carry on, or continue within the said City, any manufactory of varnish, or fireworks, or any other factory which from its nature or the material used therein shall be dangerous in causing or promoting fires unless and until he shall have obtained from the City Engineer a certi- ficate of compliance with any general regulations prescribed or to be prescribed by By-law of the Council in that behalf, which certificate shall expire on the thirty-first day of December in each year and shall be renewed annually, and also the leave of the Council, and any person carrying on such business without such certificate or leave shall be subject to the penalty provided for a breach of this By-law, and for such certificate a fee of one dollar shall be paid by the person obtaining the same to the City Treasurer. t 89. No person shall smoke or have in his or her possession any lighted pipe or cigar in any stable, carpenter or cabinet maker's shop or building where straw, shavings or combustible material may be, or carry or keep or suffer to be carried or kept any lighted lamp or qandle in any livery or other stable within the said City, unless such lamp or candle shall be enclosed in a lantern or shade, so as to prevent any accident from fire there- from. 90. When any building or buildings in course of erection with- in the City limits shall be deemed unsafe by the City Commis- sioner or Inspector of buildings the owner, contractor or agent shall be notified at once to make the same safe and secure and every person so notified who fails within twenty-four hours to comply with such notice shall be subject to the penalty provid- ed for a breach of this By-law. 91. No window sills, dressings, string courses, eave troughs, cornices, or other details or ornaments in any way projecting from the face of external walls, or surmounting the same shall be fixed to any such walls above the line of shop fronts of any buildings or surmounting the party walls thereof, unless such sills, dressings, string courses, eave troughs, cornices, details oi- ornaments shall be constructed of stone, brick or iron, or shall be completely covered with iron, tin, zinc, copper, or some othei" material of an incombustible nature. 92. All cranes and hoisting-gibs projecting from the face of any external wall of any house, warehouse, storehouse or other building, above the ceiling line of the ground floor, shall be con- structed of iron or other incombustible material or covered in- ternally and externally with incombustible material, such crane or gib not to project over any street or lane. 93. No person shall hereafter establish a lumber yard within that part of the City called the "Fire Limits." 94. No breast of any chimney shall be supported by timber, excepting such piling or planking as may be necessary in the foundations, and all timber shall be eight inches at least below the hearth ; chimneys back to back in party walls shall be in the chimney back at least one brick or nine inches in thickness ; chimney backs in party walls not being back to back with any other chimney shall be at least seven inches clear from the party line. 95. The thickness above specified shall be continued to a height of at least twelve inches above the mantel in every case, and all flues built in internal, external, or party walls, shall be surrounded by brickwork not leas than seven inches in thick- ness. 96. All partitions or widths between flues shall be at least half a brick in thickness, and the breast and back of every chimney, and every breast, back and partition or width of any flue shall be pargetted within. 97. Chimney hearths shall in all cases be laid wholly of brick or stone, unless the same be in a cellar or basement story, and be laid and bedded in solid earth, and every chimney shall have a slab or slabs or foot pieces before the same of stone, brick, marble, iron or cement, at least one foot six inches broad and extending at least six inches beyond each end of every fire-place opening. 98. Hereafter every person who shall erect or build any house or building in any part of the City within the fire limits, which shall be or is intended to be adjacent to any other house I — lOO — or building, shall build a good and substantial party wall or party walls (as the case may be) of brick or stone on the side or sides which shall adjoin or be intended to adjoin any other house or building, which party wall shall not be less than twelve inches thick if of brick, nor less than sixteen inches if of stone, and shall l)e terminated at the top by a fire guard wall of the same thickness, with proper coping, and rising not less than eighteen inches above the roof. Provided always that if a wall of the thickness, materials and description aforesaid be previously standing in the contiguous or adjoining house or building, then and in such case the person or persons who shall erect any such new house or building shall not be required to make a second wall or walls as aforesaid. 99. Hereafter no chimney shall be built in the City unless of stone or brick walls eight inches in thickness, well plastered on the inside, and rising at Jeast three feet above the ridge of the roof, which chimney or flue if built in circular or square form shall not be less than twelve inches in inside diameter, and if of oval form not less than ten inches by fourteen inches. 100. It shall be the duty of the City Commissioner, Chief Constable, or any Constable of the said City, personally to notify any Proprietor, Master Builder, Overseer or Agent having the superintendence of or concerned in the erection of any wooden building or addition thereto, or building requiring a party wall or walls, or chimney or flue as aforesaid, of any violation of the provisions of this By-law relating thereto, and to forbid any such person to proceed with any work contrary thereto, and in case any such person shall after such notice per- sist in any such work, contrary to this By-law, he shall, on con- viction, forfeit and pay a penalty of not less than five dollars nor more than twenty dollars for the first day, and a like penalty for every subsequent day he shall continue and persist in such work, besides costs. loi. Any person requring to burn any hay, straw, chips, shavings or other combustible materials in the open air shall do so on a damp day when there is no wind, and at a distance of not less than seventy feet from any house, building or vessel in l£i li ! — 101 — or on the shores of the harbour, and such fire shall be constantly watched and completely extinguished before nine o'clock at night. 102. It shall not be lawful for any person to fire or set oft any fire-arms, gunpowder, fire-balls or fireworks in any part of the City whereby a danger of fire would be created, and no person shall set or let oft squibs or fire-crackers in any street, park or other public place in the city. 103. No person shall light or have a fire in a wooden house or outhouse unless such fire is in a brick or stone chimney, or in a stove of iron or other metal properly secured. 104. Every store, dwelling house or building of two or more stories high, erected or which may be erected in the city, shall have a scuttle in the roof and a suitable stairway or ladder leading to the same from the inside, fitted and placed therein by the owner or occupier so as to afford convenient access to the roof in case of fire, and the proprietors or lessees of all hotels, mills, factories and workshops of two or more stories high in which people reside or are employed, or in which it is intended they shall do so, shall provide for the use oi such hotels, mills, factories and workshops, a sufficient number of fire escapes for the saving of human life in the case of fire, and the number and quality of such fire escapes unless where the same are prescribed by any Act of the Legislature, shall be determined by the Chief Engineer of the Fire Department, and any person failing to comply with any of the provisions of this section shall be deemed to be guilty of a breach of this By-law, and shall be dealt with accordingly unless any penalty prescribed by any such Act applies. 105. Every dwelling house, manufactory, store, workshop or other building, having a chimney or chimneys, shall be furnished and maintained with good and sufficient ladders reaching from the ground three feet above the eaves of the building, and from the eaves to the ridge of the roof against or near such chimney or chimneys, and any person failing to comply with any of the provisions of this section shall be deemed to be guilty of a breach of this By-law, and shall be dealt with accordingly. m — I6d— 106. No person shall sell gunpowder or permit gunpowder to be sold in his house, shop, storehouse or other building at night, or when so dark as to render a light necessary. RELATING TO THE SWEEPING OF CHIMNEYS. 107. The Chimney Viewer and Fire Inspector, appointed by this Council, shall be paid the charges allowed by this By- law for sweeping chimneys for his services and for the services of those whom he employs to enable him to have the duties pre- scribed by this By-law properly performed, and it shall be the duty of such officer to see that the provisions of this By-law, from section 107 to section 113 inclusive, and of any other By- law which may hereafter be passed by the Council relating to the prevention of fires be observed, and in case of any neglect or re- fusal in the observance of such provisions, to complain by infor- mation to the Mayor, Police Magistrate, or any Justice of the Peace, having jurisdictionj 108. He shall, when required, and not otherwise, sweep the chimneys of such persons as desire them to be swept, for which service he shall be entitled to charge the prices following, viz. : No. I . For sweeping the chimney of any house which does not exceed in height a ground floor and garret, the sum of ten cents, and for every additional flue the sum of five cents. No. 2. For the sweeping of a chimney in a house higher than is named in No. i, and which does not exceed in height two floors and a garret, the sum of fifteen cents, and for every addi- tional flue the sum of five cents. No. 3. For the sweeping of a chimney in a house higher than is named in No. 2, and which does not exceed in height three floors and a garret, the sum of twenty cents, and for every addi- tional flue the sum of six cents. No. 4. For the sweeping of a chimney in a house higher than is named in No. 3, the sum of twenty-five cents, and for every additional flue the sum of ten cents ; which charges as aforesaid shall be paid at the time of sweeping by the occupier or occupiers of each house. J. —103— log. He shall accomf ' y the persons employed as sweepers and see that they do their duty in a proper manner and with the least possible inconvenience to the citizens. no. He shall register in a book kept for that purpose a list of all houses and tenements in the City in which fires are used, the names of the occupiers, of how many stories in height, and the trade, business or calling of the occupiers. 111. It shall be the duty of the Chimney Viewer to call on each occupier of a house within the City at least once in every six months to offer his services to sweep the chimneys and flues in said house : Provided always that no person shall be fined as hereinafter mentioned unless the Chimney Viewer shall have tendered his services in accordance with this section. 1 12. The occupier of any house in the City in which a chimney or flue may take fire and which shall not have been swept as aforesaid within six months, shall be deemed guilty of a breach of this By-law, and shall forfeit and pay a fine of not less than two dollars, nor more than five dollars and costs, and every per- son shall cause his stove-pipes in use to be well cleaned inside from soot at least twice between the months of November and April, in each year, subject to a like penalty. 113. It shall not be lawful for any person to engage in the business or occupation of sweeping chimneys in the said City unless under the direction of the Chimney Viewer : Provided that any person may sweep his own chimney. 114. It shall not be lawful for any person to hinder, molest, or otherwise disturb, the said Chimney Viewer, or the servants employed by him, while in the execution of their duty. 115. The Council shall annually or oftener if need be, receive tenders from persons willing to accept the office of Chimney Viewer and Fire Inspector and have power to appoint such per- sons as i,hali ofler the best terms. GENERAL PROVISIONS. 116. All male persons at or near any fire shall assist in extin- guishing the same, and in saving and preserving property v^^hen 1 I It:!!" I' \¥. -^104 — required so to do hy the Chief Engineer or Foreman, thj Mayor, the Commissioners of Police, any of the Aldermen, the High Baihff, Chief Constable or any Sergeant or member of the Police Force ; and any such persons between the ages of sixteen and sixty years of age refusing to comply with such orders on being made, or any person refusing to retue when ordered by any of the authorities aforesaid, shall be deemed guilty of a breach of this By-law and liable to the penalty in such case provided. 117. It. shall be lawful for the Council from time to time and at any time by a resolution to be duly passed to increase or lessen the salaries in this By-law mentioned : Provided that all salaries mentioned in this By-law shall continue at their present amount until altered. 118. No alterations s>^all be made in any engine or other fire apparatus withoxit the express authority of the Committee on Fire, Water a. d Light, and all such shall be repaired according to their original plan of construction, unless otherwise ordered by said Committee. 119. When any engine or other part of tt fire apparatus be- comes unserviceable and unworthy of repair the Chief Engineer shall report the same to the said Committee, and the same shall oe removed and deposited by him in a place of safety to remain there until ordered to be sold or otherwise disposed of by the direction of the said Committee. 120. The Chief Engineer shall under and subject to the direc- tions of the said Committer advertise as often as may be neces- sary for tenders fron: parties willing to contract for the repairs of the hose, hose carls, hook and fii^er carriages, hooks and ladders, and the supply of the same, an^ff the fuel required bv the Fir i Department, and such other {%ngs required by the Depaiiment as may be properly tendered for, and the party whose tender is accepted by the Commi^teeion Fire, Water and Light shall enter into a contract with sufficient -lureties lor the due performance of what he agrees to do : Provided that it shall not be incumbent on the said Committee to accept the lowest tender in any case or any tender. I i Mayor, he High he PoHce :teen and on being )y any of preach of ded. ime and or lessen I salaries : amount ither fire littee on :cording ordered atus be- Lngineer ne shall I remain by the e direc- 2 neces- repairs )ks and lired by by the 3 party ter and lor the it shall lowest -io5~ 121. From and after the passing of this By-law no person or persons shall gamble or play at any game of cards or chance nor shall any intoxicating liquors be drunk at or in any of the Stations or Engine Houses in the City of Kingston or at any place used as a fireman's hall or place of meeting. 122. No person shall drive any vehicle whatsoever over any hose while in use or about to be used at any fire or which has been used or laid to be used at any fire, and is not yet taken up. 123. No pe»'son shall obstruct, hinder or delay any Fire Engine, Hose Cart, Hook and Ladder Carriage or other fire apparatus, while the same is proceeding to a fire, and every per- son travelling, riding or driving on any public street or place along which any Engine, Hose Cart, Hook and Ladder Car- riage or other fire apparatus, is proceeding to a fire, shall yield the right of v/ay to the same, and shall not obstruct, hinder or delay the same by keeping in its way or otherwise. 124. No person shall hiuder, obstruct or interfere with any officer or member of the Department while he is engaged in performing his duty except those persons authorized by this By-law to do so. 125. The Members of the Council from time to time shall be Fire Wardens, and as such shall use their best endeavours in the suppression of fires within the City. 126. The word "Department" used in the preceding sections relating to firemen and the suppression of fires shall be held and construed to msan and include the officers and men of the Fire Department. 127. The Rules and Regulations relating to the Fire Depart- ment of the City, contained in the Schedule to this By-law, are hereby adopted. 128. This By-law shall come in force and take effect on its passing. SCHEDULE. RULES AND REGULATIONS OF THE KINGSTON FIRE DEPARTMENT. I. TI J Chief Engineer on fire duty shall have supreme con- — io6 — trol and command of the Fire Department, and shall be assisted in his duties by the Assistant Engineer, who shall, when on duty, keep in communication with him, transmit his orders, see that they are properly obeyed, and shall himself give no orders but his, except in his absence from duty. 2. The Chief Engineer, or in his absence the Assistant En- gineer, shall be responsible tor the discipline, good order and conduct of the whole Fire Department, and it shall be his duty to see that the provisions of this By-law respecting the duties of the members of the Department, and the care of the engines, hose, carriages, hook and ladder truck, fire alarm telegraph and other apparatus and furniture belonging thereto, be carefully and strictly carried out, and the Chief Engineer or person acting in that capacity shall have chief control and superinten- dence under command of Fire, Water and Light Committee, and under the provisions of this By-law of the same, and all engines and other apparatus used by and for the purpose of the Depart- ment, and of all furniture and apparatus belonging thereto. 3. The Chief Engineer may suspend from service any mem- ber of the Department for the violation of the rules and regula- tions for the discipline of the Department, and report the same to the Committee of Fire, Water and Light, at their next meeting, with the charges in respect of which said suspension was made. 4. The Chief Engineer may grant leave of absence to mem- bers of the Department in such a manner as shall not be detri- mental to the service of the Department, and report the same at the next meeting of the Committee. 5. It shall be the duty of the Assistant Chief Engineer to re- port to the Chief Engineer, who shall also himself take notice of and report in writing to the Committee of Fire, Water and Light, any act of disobedience or insubordination or irregularities committed by any member of the Department, and the name and rank of the offender, and if the charge preferred be found by the said Committee, to reprimand, suspend or dismiss the offender or otherwise lawfully deal with him as the Committee shall seem meet, and any member so offending shall be deemed -'! assisted on duty, see that ders but tant En- der and his duty duties of engines, aph and carefully • person Derinten- ttee, and [ engines Depart- eto. ly mem- d regula- the same meeting, as made. to mem- be detri- c same at ;er to re- ce notice ater and ^ularities the name be found miss the Dmmittee ! deemed — 107 — guilty of a breach of the foregoing By-law and subject to the penalties in such case provided. 6. It shall be the duty of the guardian of each station to see that the buildings and apparatus entrusted to his care and all articles belonging to the Department are kept neat, clean and in order for immediate use, and shall report in writing any damage or loss to the same to the Chief Engineer ; he shall also preserve order and discipline at all times in his station and en- force strict compliance with the rules and regulations, and shall promptly report all delinquencies on the part of the subordinates to the Chief Engineer, and shall keep in ? book provided for that purpose a record of services at fires and alarms or other service at which the members of his station performed duty, and make a monthly report of the same to the Chief Engineer ; and all members of the Department, such as stoker, hosemen, laddermen and drivers residing in or attached to any station, shall be under the control of the guardian of such station. 7. All members and employees of the Department are required to be courteous and respectful to one another at all times when performing their duties at fires or in the stations. While on duty at fires the greatest degree of silence compatible with the efficient discharge of duty will be required. Any noisy or bois- terous conduct or use of profane or disrespectful language to an associate or citizen will be reported to the Committee of Fire, Water and Light ; and any case of drunkenness on duty at any time shall be followed by dismissal from the Department. 8. Each engine house in the Department shall be swept up clean, and all apparatus shall be dusted each and every morn- ing in the year, floors scrubbed at least once a week, all brass work on apparatus, gongs, etc., in station to be polished once a week or oftener at the option of the guardian, who shall see that all tools in use of the Department shall be returned to their proper places after use, and keep the station at all times clean and tidy. 9. No members of the Department shall be allowed to leave the city or be off duty without permission from the Chief En- gineer, and no member shall be allowed to have a substitute or l!E,i!ll 11 "'I — io8— be off duty for a longer period than four weeks, except in case of sickness or special permit from the Committee of Fire, Water and Light. 10. Permanent members of the Department are allowed one hour for each meal, except in case of lire. 1 1 . They shall on all occasions report to the guardian when leaving and returning to station, and they shall remain at their station at all other hours, except when on duty or when granted leave of absence by the Chief Engineer. 12. No person other than members of the Department shall be allowed to frequent or loiter about the stations, nor will card playing, gambling or drinking be allowed therein. 13. The guardian who shall first arrive at a fire shall take charge until the arrival of the Chief or Assistant Chief Engineer, and if no fire he shall wait at least two minutes for the arrival of said officers, and if they do not arrive at the end of that time, the guardian shall order the apparatus to return to their respec- tive stations. 14. The drivers shall take the right side of the road unless some obstruction prevents, and shall in all cases avoid the street railway track in daytime, and if more than one piece of apparatus proceeds on the same street to or from a fire, they shall do so in single file, and any driver who shall carelessly or willingly come into collision with a vehicle of any kind while so doing, shall be held lesponsible for any damage that may occur. 15. Drivers shall at all times keep their stables neat and clean and allow no manure to accumulate or lay in the stable, but shall keep them swept clean at all times, as dry as possible, and shall also wash the cement floor (if any) under stable, and clean the drain at least once a week or oftener, at the option of the guard- ian of station. 16. Drivers must not permit any person not connected with the Department to ride on any apparatus to or from the fire. 17. All persons occupying Department beds are required to be up at six o'clock in the morning in summer, and at seven o'clock in the morning in winter, and their bed and bed clothes aired and — 109 — bed made in a neat and tasty manner by ten o'clock in the morn- ing, subject to the approval of the guardian of the station, un- less on duty at a fire the preceding night. An alarm of fire will not exempt members from this duty. 1 8. The occupant of each bed shall be held responsible for the cleanliness of the same, and shall be held accountable for any damage to either bed or bedding done through carelessness ; and such beds shall not be used until bed hours, and shall not be used by any other person than the members of the Department on duty. 19. After retiring for the night, the occupants shall refrain from any loud talking or laughing, or in any manner disturb the sleep of others ; and any person retiring in a state of intoxication shall be reported by the person in charge of the room to the guardian, who shall report to the Chief Engineer, whose duty it shall be to suspend such person and report the same to the Committee of Fire, Water and Light. 20. If any member or members of the Department shall pre- vent or try to prevent any other member thereof from carrying out the prescribed rules and regulations of the Department, or act in any way that will interfere with the well working of the same, such person shall be reported to the Chief Engineer. 21. No person or persons shall gamble or play at any game of cards or chance, nor shall any intoxicating liquors or ale be drank in any of the stations or engine houses in the city, or in any place used as a firemens' hall or place of meeting. 22. The gas in all stations to be turned down at 10:30 o'clock p.m. and men in bed at 11 o'clock p.m., when the doors of the station will be locked. 23. Members of the Department shall be held accountable for any neglect or failure to comply strictly with the foreging rules. — 110 — No. 46B. A By-Law Respecting tiiS Assessment of Ground used as a Paddock, Park, Lawn or Pleasure Ground. Passed Monday, Oct. i6th, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. The ground used as a paddock, park, lawn or pleasure ground, shall be assessed like other ground. 2. This By-law shall come in force and take effect on its passing. , n i-i No. 466. A By-Law Respecting Petroleum and other Illuminating Oils and Fluids. Passed Monday, Oct. i6th, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows :— I. It shall not be lawful, after the passing of this By-law, to keep in that part of the City of Kingston lying south of a line parallel and 100 feet south of Cataraqui Street and west of Montreal Street, petroleum, coal oil, benzine, bensole, naphtha, spirits of turpentine, paraffine oil or gasoleum, or any fluid compounded of any of the foregoing substances, or dangerously combustible, in any greater quantity or otherwise than is herein provided namely : — — Ill (a) Of petroleum or coal oil not more than five barrels in any one place or establishment. (b) Of benzine, benzole, naphtha, paraffine oil or gasoleum of not more than two barrels in any one place or establishment. (c) Of any fluid containing any of the above fluids, or danger- ously combustible, not more than two barrels in any one place or establishment. Provided that no person shall keep in any one place or establishment in the aforesaid part of the City more than five barrels altogether of all the above fluids at one time. 2. It shall be lawful to keep and store the above fluids in the part of the City which lies north of a line loo feet south of Cataraqui Street west of the Great River Cataraqui, and east of Montreal Street, without limitation of quantity. No. 467. A By-Law Respecting a Powder Magazine and the Storing ot Gunpowder. Passed Monday, Oct. i6th, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. A safe and properly constiucted powder magazine shall be provided by the City, for the storing of gunpowder belonging to merchants, dealers, and other parties in the City, who are used to have quantities of gunpowder in their possession from time to time, for sale or use or otherwise. 2. The powder magazine now in use and situated on the pro- perty of John DufF, Esquire, on lot number one, west side of the Great River Cataraqui, shall be and the same is hereby consti- tuted, declared and appointed to be the city powder magazine of and for the City of Kingston, for the storing of all gunpowder ■112- ;:# (except the quantity hereinafter mentioned) belonging to or be- ing in the possession of merchants, dealers and other private parties, dealing in or using or being possessed of the same in the City of Kingston, and all such gunpowder (except as hereinafter provided) shall be by the said persons removed to and duly and safely stored in the said magazine within twelve hours after its arrival in the City, under and according to the provisions con- tained in this Bylaw respecting the same, and from the time this By-law comes into force and takes effect no gunpowder shall be stored or kept (except as hereinafter provided) within the limits of the City of Kingston elsewhere than in the said magazine so provided for the storage of the same as aforesaid, and all gunpowder hereafter imported into the City of Kingston, except it is to be forwarded or shipped elsewhere, shall within twelve hours of its arrival be stored in the said magazine in the original packages. 3. Each merchant, dealer and person aforesaid may, for stor- ing his gunpowder, on application to the City Council, obtain one of the rooms, divisions or compartments provided in the said magazine for the purpose, and shall in such case receive and keep the key of the same, and shall pay for the same an annual fee of fifteen dollars to the City Treasurer upon his ob- taining such room, division or compartment, and no person shall store or allow to be stored in his room, division or compartment, in the said magazine, gunpowdf r which belongs to any other person. 4. It shall not be lawful for any shipper, carrier or forwarder to keep gunpowder received for delivery or transhipment on his premises, or in his vessels lying thereat, in any greater quantity than is hereinafter mentioned, for more than twelve hours before delivering the same or despatching the same to its destination, and if the same cannot be so delivered or despatched within twelve hours of its receipt, it shall be removed to and stored by such shipper, carrier or forwarder, in the said magazine, and a fee of five cents per original package per week shall be paid by him for the storage thereof. 5. The key of the said magazine shall be kept by such person as the Council may appoint residing near the magazine, and said —113— key may be obtained by persons having gunpowder stored in the said magazine, or their clerks or employees, at all times between one o'clock in the forenoon and four o'clock in the afternoon, after which hour it shall not be opened until the next day, and said key shall be returned to the said caretaker or person afore- said by the person using the same immediately after he is done with using it. 6. No person shall use any candle, lamp, taper, matches or other light, or shall smoke in the said magazine, nor shall any person light or place any fire therein, nor shall any person enter or be therein wearing boots or shoes with iron nails therein, and the said caretaker or person aforesaid shall, after each time the said magazine has been opened, see that the same has been se- curely locked up, and shall also prevent the accumulation or the placing of any combustible materials, or the placing, carrying or lighting of any fire, dangerously near to the said magazine. 7. The said caretaker, or person keeping the key of the said magazine, shall receive from the City twenty-five dollars per annum lor his services. 8. No person shall keep, or allow to be kept, in or upon his property, or in or upon the property he occupies within the said City, a greater quantity of gunpowder at any one time than sev- enty-five pounds, and said quantity of gunpowder shall be kept covered with metallic cases or boxes, which shall be kept in a close portable metallic case or box, capable of being shut up close, having a strong handle on each side, and labelled "gunpowder,"' and placed on the ground floor, not more than ten feet distant from the street door, and at least twenty feet distant from any fire or stove, and no person shall carry or use a naked light with- in six feet of any gunpowder so kept. 9. It shall be the duty of the High Bailiff to visit and inspect all places where gunpowder is sold or kept in quantities greater than a pound weight, or for other purposes than the private use of the possessor, at least once in every month, to see that the pro- visions of this By-law are observed and that they are enforced, and that persons offending against them be prosecuted. "I "I "t — 114— 10. The Corporation of the City of Kingston shall not incur any responsibihty, or be hable in any way for any loss occasion- ed by the theft of the gunpowder, which may be stored in the said magazine, or its destruction by fire or otheVwise, or for any loss occasioned by the carelessness or improper conduct or neg- ligence of the persons entering the said magazine to fetch gun- powder for its owners, or to store, examine, or look after said gunpowder, or by negligence of the caretaker, and each person so storing gunpowder in said magazine, shall, before getting the privilege to do so, Sign an agreement to the effect of this section. 11. No person shall keep for his private use or otherwise than for sale, more than ten pounds of gunpowder. 12. This By-law shall come in force and take effect on its passing. I No. 468. A By-Law Respecting the Sale of Mineral Coal. Passed Monday, Oct. 16th, 1893. He it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. Every coal dealer in the City of Kingston shall give to the driver or person in charge of each load of coal, sent out for delivery by him to a purchaser in the said City, a ticket signed and dated by such dealer, specifying the true amount or weight of coal contained in such load, which ticket to be delivered with the load to the purchaser. 2. It shall be lawful for the City Commissioner to require that any such load of coal, on its way from the seller to the buyer in the said City, shall be weighed upon any public city scales or for the purchaser of any such load of coal to require, that the same shall be so weighed, and the driver or person in charge —115 thereof shall thereupon have the said load and the vehicle con- taming It weighed separately at such scales at the expense of the person requiring the weighing to be done, and shall then and there produce to the weigh-master the ticket in the preceding section of this By-law mentioned. 3. Any coal dealer who falsely states in the ticket aforesaid, or whose ticket aforesaid contains a false statement of the weight or amount of the coal in any load of coal, and any driver or person who, upon request as aforesaid, refuses to have his load and vehicle weighed as aforesaid, or to produce his ticket to the weigh-n.aster as aforesaid, or who neglects to deliver a ticket as aforesaid to the purchaser of the coal with each load delivered, shall be deemed to be guilty of a breach of this By-law. 4. This By-law shall come in force and take effect on its passing. No. 469. A By-law Respecting the Inspection of Milk and other Natural Products Offered for Sale. Passed Monday, Oct. i6th, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : 1. The City Commissioner for the time being shall be, and he is hereby appointed Inspector of Milk, meat, poultry, fish and other natural products offered for sale for human food or drink in the City of Kingston, ex officio, and without salary as such Inspector. 2. It shall and may be lawful for the said Inspector to examine and inspect all such articles as aforesaid offered for sale for human food or drink wherever the same may be so offered, whether on the streets or public places and squares, or in shops in the City and with proper instruments and appliances for the purposes to -ii6- I' enter all carriaj^es, carts, and other vehicles, used for the convey- ance of any such articles, or from which the same are sold or delivered to purchasers, and the shops or premises of any person or persons, or other place, in which any such articles are exposed or kept for sale, during business hours, and there to examine and inspect any such articles, and to seize and destroy any tainted and unwholesome meat, poultry, fish or other articles of food he may find, and take samples of any milk which may, in his opinion, be adulterated, offered for sale, for the purpose of testing the quality of the same, or of ascertaining whether the same is adulterated, paying or tendering for such samples, their value, if required, out of the funds to be provided by this Council. 3. It shall be the duty of every person keeping or offering any such articles of food or drink for sale, whether on the streets, public places or squares, or in shops, in the City, to furnish to and permit the said Inspector to take samples of any such articles as aforesaid for examination or analysis, and any person hinder- ing the said Inspector in the discharge of his duty, or refusing to permit him to examine and inspect, or to take samples of, any such articles, on his paying or tendering their value as aforesaid, shall be deemed guilty of an offence against, and incur the pen- alties of this By-law. 4. The said Inspector shall keep a record in his office of all dealers in and vendors of milk, meat, poultry, fish and other such natural products, and of all inspections which he shall make from time to time, and the result thereof. 5. It shall be the duty of the said Inspector whenever he has reason to believe any milk or other natural products inspected or examined by him as aforesaid, to be adulterated with water or any other substance, to procure a sample thereof to be anrt'ysfcd by the proper analyst, under the provisions of the Adulteration Act, passed by the Parliament of Canada, and chaptered 107 Revised Statutes of Canada, and prosecute or cause to be prose- cuted under the p'-ovisions of the said Act, or under the provis- ions of this or n ri; By-law if applicable to the case, all persons who may be i^un , ^tiling, offering or keeping for sale, any adulterated milk or other articles of human food or drink. —117— 6. No person shall sell or ofller for sale skimmed milk for un- skimmed milk, or a mixture of the two kinds for unskimmed milk or new milk, or mix water with the milk he sells or offers for sale as pure milk, or sell such watered milk. 7. No person shall expose for sale or market in any public market, street or public place, any article of human food or drink, adulterated with any deleterious substance. 8. No person shall expose for sale or market in any public market, street or public place, any article of human food or drink, knowing the same to have been mixed with any other substance, without first declaring to the intending purchaser such admixture. 9. No expenditure in connection with the enforcement of the sections of this By-law relating to the inspection of milk, meat, poultry, fish and other natural products as aforesaid, shall be in- curred by the Inspector without the authority of the Chairman of the Committee on Markets having been first obtained. 10. Nothing contained in the preceding nine sections of this By-law shall be held or construed to relieve any other officer of this Council of any duty now imposed upon him by any By-law or By-laws of this Council. 11. The word milk used in the preceding sections shall mean milk offered for sale as fresh, unskimn.ed milk, as it came direct from the cow. 12. This By-law shall come in force and take effect on its passing. W' .*v — ii8. No, 470. A By-Law Respecting Bread. Passed Wednesday, Nov. ist, 1893. Be it enacted by the Council of the Corporation of the City of Kinsfston, as follows : — I. All bread sold or offered for sale in the City shall be made of good and wholesome flour, unadulterated, and shall be com- posed of the kind and quality of flour it is held out or repre- sented to be composed of, and shall be in loaves of two pounds and four pounds weight, avoirdupois, respectively, when weighed, not sooner than four hours after being taken out of the oven in which it was baked ; and all bread sold or offered for sale within the City of any less v/eight than it ought to be or is represented to be, or in the makihg of which deleterious or adulterated materials are used, or which is overstale or mouldy, or otherwise unwholesome or unfit for human food, shall be seized and for- feited and disposed of as hereinafter mentioned. Provided always that nothing in this section contained shall prevent bakers or other persons from selling or offering for sale biscuits, cakes, buns, rolls, twists, crackers, muffins, or other fancy cakes not intended to represent or pass as a loaf or loaves of bread, and composed of sound and proper materials, and otherwise un- objectionable as aforesaid ; and no baker or other person shall sell or offer for sale in the City any bread not in accordance with the aforesaid provisions of this By-law relating to bread. 2. Once at least in every month, at uncertain intervals and without notice, the bread made for sale or exposed or offered for sale by any baker or other person in the City shall be in- spected and weighed, as in the next section is provided. 3. It shall be lawful for the Mayor, Police Magistrate or any Alderman of the City, or the City Commissioner, or a person appointed by him, with the sanction of the Mayor, accompanied by the Chief Constable of the City, or one or more Policemen, ^t any time bet\yeen the hour^ pi six q'clock a.m. and seyen —119— o'clock P.M. of each working day of the year, to enter into any bakery, house, shop or place within the city, where bread is made for sale, or exposed or ofiered for sale, and to examine the contents of any bread cart, or sleigh, containing bread tor de- livery or sale, and to examime the bread found in any such bakery, house, shop or cart or sleigh, and test the same as to purity and wholesomeness of materials, and also to weigh one or more loaves found in such bakery, house, shop, place, cart or sleigh, and if any loaf is found of less weight than provided in section i of this By-law, according to its class, or if it is found mixed with any deleterious or adulterating or injurious substance, or to be mouldy or overstale, or otherv^ise unwholesome or unfit for human food, or in any way to be contrary to the true ii:tent and meaning of this By-law, then all such loaves as may be so deficient in weight, or mixed with any deleterious or adulterating ot injurious substance, or mouldy, overstale, or otherwise un- wholesome or vmfit for human food, shall be seized and forfeited and taken from said bakery, house, shop, place, bread-cart or sleigh, and the owners of such bread shall be deemed to be guilty of a breach of this By-Jaw, and shall be dealt with ac- cordingly, and the bread shall be destroyed if unfit for human food, or if so fit it shill be sent to the House of Industry for the use of the poor. Provided always that the like regulations and penalties as aforesaid shall in all rer.pects be applicable to brown bread, and all other breads baked and offered for sale ; and pro- vided further, that biscuits, cakes, buns, rolls, twis<^s, crackers, muffins or other fancy cakes, as aforesaid, may be of less weight than is hereinbefore provided, as to loaves, but shall be of as good quality, and shall be included in the term bread. 4, Every vendor of bread shall keep scales and weights suit- able for the weighing of bread in a conspicuous plare in his or her shop, and every vendor of bread shall, whenever required by any purchaser or purchasers thereof, weigh the bread offered by him or her for sale. 5. This By-law shall come in force and" take effect on its passing. -I20- >M I t No. 471. A By-Law Respecting Nuisances. Passed Wednesday, Nov. ist, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. No person shall cause or commit a public nuisance. 2. No person shall suffer or permit any stagnant water, or any decaying, putrid or unwholesome substance, to be or remain on his lot, or in his house, cellar or yard, or in any out-building or place of his, or which he leases or occupies, and no person shall permit or suffer the undue or unwholesome accumulation of any dung, manure, night-soil, offal, filth, refuse, cinders, ashes, litter or other offensive matter or thing, in or upon his premises, or upon any vacant lot belonging to him, or which he leases or ccuopies, and every such person shall remove and abate the nuisance upon notice from any officer of the Local Board of Health, or from the Medical Health Officer, or the Sanitary Inspector, City Commissioner, Chief Constable of the city, or any member of the Police Force, and any person who shall neglect or refuse to remove or abate such nuisance forthwith, within twenty-four hours, shall bt deemed guilty and shall be dealt with as for a breach of tliis By-law, each day's default being considered a separate offence. 3. No person shall deposit or throw, or cause to be deposited or thrown, any snow or ice, dung, manure, night-soil, urine, dirt, filth, carrion, dead carcase, dead animals, or part of a dead animal, bones, offal, kitchen or other refuse, sweepings, rubbish, or slops, or garbage of any description whatsoever, decayed fruit or vegetable, or other nuisance, in or upon any public street, park, square, market, lane or public place, or in or upon any street, square, park, lane, alley or place open to common or public use, or into or upon any open drain or watercourse, or in or upon any wharf, or into the harbour or slips thereof, or along or upon the shore or margin of the said harbour or slips, jf the City nee. ter, or any remain on milding or irson shall :ion of any !rs, ashes, premises, leases or abate the Board of ! Sanitary e city, or who shall forthwith, 1 shall be 's default deposited rine, dirt, 3f a dead , rubbish, decayed ly public 1 or upon common :ourse. or lereof, or ■ or slips, — 121 — or upon the ice within the limits of the said harbour or slips, in the City, and any person so doing shall forthwith, and within twenty-four hours, remove the thing deposited or thrown as aforesaid on being notified so to do by any of the officers of the said ity, or by any officer of the Local Board of Health. Chief Constable of the City, or Police Constable, each day's default therein being a separate offence. 4. No person shall permit or allow any such things, as in the two preceding sections are mentioned, to remain in any public street, lane, or public place opposite the property occupied by him for a greater time than may be sufficient to have the same removed m, and not more than twenty-four hours after having been notified to remove the same, as hereinafter mentioned, and each day s default therein shall be deemed a separate offence. 5. It shall also be lawful for this Council, at any time, to notify and require in writing any owner or occupier to fill up, drain clear, alter or relay or repair any grounds, yards, vacant lots! cellars, private drains, sinks, cesspools, and privies, and such owner or occupier shall do what he or she is so required to do in and by such notice within a reasonable time after the receipt of such notice, and without unnecessary delay, and on any de- fault, by any such owner or occupier, this Council may cause the work so reqmred to be done, to be executed, and in such case this Council may and shall assess the owners or occupiers of such grounds or yards, or of the real estate on which the cellars, pri- vate drains, sinks, cesspools, and privies are respectively situate with the cost of such work, and the said owners or occupiers shall pay such cost to the City Treasurer, within three days after a bill of the same has been rendered to them respectively by the City Treasurer, and in case of default in such payment being made by any owner or occupier so liable, a demand of payment of such cost in writing, in the form in the schedule to this By-law as near as may be, signed by the City Treasurer, shewing the work or matter done, and the cost thereof, with a general desig- nation or description of the property on which it was done, shall '■''^ t-'"^^ o^ Hl^Ouc ui uUi,iiiuss, as tne case may be, of the said owner or occupier, by the Collector of the said City, — 122- :i. ' il i|| who, in case of non-payment, shall proceed to collect the said cost in like manner as municipal taxes. 6. It shall be the duty of every person owning or occupying premises in the City forthwith, within twenty-four hours, to remove and clear away from the sidewalks, streets and public places adjoining such premises, all such things as in sections 2 and 3 of this By-law are mentioned, upon being notified to do so by any member of the police force, or officer of the City, or of the Local Board of Health, Medical Health Officer or Sanitary In- spector. Provided that if any such things be placed equidistant between two opposite properties, owned by different persons, either of such persons may be made amenable under this By- law (unless one of them proved to have been the actual oftender who has caused the nuisance), and each shall pay an equal share of the expense of removal, unless one of them is proved to be the actual offender who has caused the nuisance, and when the the actual offender who has caused the nuisance is known he alone shall be prosecuted under this By-law or be liable to such expense of removal as aforesaid, and each day's continuance of the nuisance, after notice to remove it as aforesid, shall be a separate offence and shall be dealt with accordingly. Provided, also, that all such nuisances may be abated or removed by this Council at the expense of the person who should abate or re- move the same upon his making default, under the provisions of the By-law in that behalf, and of the Municipal Act, and this Council may recover such expense of abatement or removal under the said provisions, or the offender may be proceeded against as for a breach of this By-law, and each day's default shall be deemed a separate offence as aforesaid. 7. The owner or occupant of pny tenement used as a dwelling house, or of any other building v/ith which there is a privy con- nected and used, shall furnish the same with a sufficient covered vault or pit under ground, and the vault or pit of every such privy shall be sunk to a depth of not less nor more than two and one half feet from the surface, and shall be built in the manner hereinafter prescribed, and such owner or occupant shall maintain and keep the said privy vault clean, unobstructed, and in efficient order at all times. the said )ccupying hours, to id public actions 2 i to do so or of the litary In- [uidistant persons, this By- oftender ual share to be the vhen the :nown he : to such luance of lall be a Provided, i by this ite or re- rovisions and this removal >roceeded 's default dwelling rivy con- t covered ery such than two It in the ant shall cted, and 8. All privy vaults shall be built of stone, brick or two-inch pine, hemlock, cedar or oak plank, and shall be made water tight so that the liquid contents thereof cannot escape therefrom except through a properly constructed drain, provided with a grate at the end which connects with the vault, and shall be placed as far distant from any well or water tank on the pre- mises and from the public street as possible, and shall not be placed within twenty feet of any such well or tank or street. 9. No person shall erect or place, or cause to be erected or placed, or continue erected or placed, or permit to be continued, erected or placed, any privy above or over any open drain or water course, or in or above or over the waters of the harbour or slips. 10. There shall be connected with every dwelling-house and building, where the same may be needed, a suitable privy-vault or pit, covered and built and placed as aforesaid, and the owner, agent, occupant or the person having the care of any such dwelling-house or building shall provide such privy-vault or pit, and shall maintain and keep the same clean, unobstructed and in efficient order at all times, and whenever any privy, privy-vault or pit shall become offensive or obstructed, or shall need to be cleaned out, the same shall be cleaned out and put in efficient order, by such owner, agent, occupant or person, and the owner, agent, occupant or other person having charge of the property iri which any privy, privy-vault or pit may be situated, the state or condition of which may be in violation of the provisions of this By-law relating to nuisances, shall remove cleanse, alter, amend, repair and put in order the same, within a reasonable time after notice to that effect, given by any city officer, or officer of the Local Board of Health, P.xedical Health Officer, Sanitary In- spector, Chief Constable of the City, or Police Constable, and in case of neglect or refusal this Council may cause the same to be removed, cleansed, altered, amended, repaired and put in order, in such manner and to such an extent as may be needful or necessary, at the expense of such owner or occupier under the provisions of this By-law, and of the Municipal Act in that be- half, and may recover such expense from its owner or occupant or agent or person having charge as aforesaid under said provi- — 124 — sions or the oflFender may be proceeded against as for a breach of this By-law, and each day's default shall be deemed a separate offence. 11. It shall not be lawful for any person to empty, cast or lay down, any night-soil, or the contents of any privy, privy-vault or pit, elsewhere in the City than in the place appointed by this Council as the common nuisance ground of the City 12. All privies and privy- vaults or pits shall be properly en- closed and built and roofed over and ventilated, and shall be thoroughly emptied and cleaned before the month of May in each year, or oitener if necessary, and the contents placed in the place appointed by this Council as the common nuisance ground of the City as aforesaid. 13. It shall not be lawful for any person to deposit, or allow to fall and remain upon any land or lot within the said city, any night soil, or the contents or cleanings of any privy vault or pit, night tub or urinal. 14. No privy, vault or pit shall be opened between the fifteenth day of May and the first day of November, in each year, unless upon inspection made by the proper officer he shall be satisfied of the necessity of opening and cleaning the same for the health and comfort of the inhabitants in the neighbourhood, and in such cases no more of the contents shall be taken away than such officer shall deem to be absolutely necessary for present safety and relief, and all necessary precautions shall be used to prevent and neutralize any offensive effluvia or smells, and such removal and the said precautions shall be made and taken by and at the expense of the owner or occupier, agent or person in charge as aforesaid, and may be recovered as aforesaid. 15. All stables, and places where animals are kept, shall be well and thoroughly cleaned once in each day at least, and shall be well ventilated and kept and maintained. 16. Every butcher, or other person, immediately after killing any beeves, calves, sheep, pigs or other cattle, shall remove or destry the offals, garbage and other oftensive and useless parts of the same, or convey the same to the public nuisance ground. —125— 17- Every vacant lot, or part of a lot, situate in any part of the city which this Council, by a resolution, may declare to be a nuisance, shall be enclosed and kept enclosed with a good and sufficient fence, not less than six feet in height from the surface of the ground or of the pavement or sidewalk, to be constructed to. the satisfaction of the City Engineer, and a penalty, with costs as provided for a breach ot this By-law, shall be imposed upon the owner or tenant of such lot or part of lot for every day he may neglect to make or maintain the said fence after being notified to that effect by any officer of the City Council, or member of the Police Force. 18. The owner or occupant of any land in the City, upon or m which there is a pit, precipice, deepwater or other place dangerous to travellers, shall fence in the same with a strong and sufficient fence, ot least six feet high as , foresaid, satisfac- tory to the City Engineer, and keep and maintain the same so fenced in for the protection of travellers on being notified as in the last preceding section mentioned, and subject on default to the penalty therein mentioned. 19. No person shall make, sink or excavate any tin vats, or erect or continue any buildings, for the purpose of a tannery, or carry on or continue the trade or business of a tanner, or erect, have or keep, or continue any slaughter-house or other building in the said City for the purpose of slaughtering any cattle, swing or other animals therein, which may prove to be nuisances, and no person shall continue any such tannery or slaughter-house or other building for the purpose of slaughtering any animal there- in, which may prove to be a nuisance, for the space of one week after having been notified by the City Commissioner or other officer of this Council, or by the Medical Health Officer, or Sanitary Inspector, or by any member of the Police Force, to discontinue the same, and such person shall remove the same after receiving such notice within the said period, and any such person making default in so doing shall be deemed to be guilty of a breach of this By-law, and shall be dealt with accordingly, and every day any such tannery, slaughter-house or building as aforesaid, shall be continued after the expiration of the said ill 1^ "^ ,1, * iti .J' 11 4' (I (I II — 126— period as aforesaid shall be deemed to be a separate offenee against this By-law. 20. No person shall build, erect, maintain, continue or use any slaughter-house, building, yard or premises for the purpose of killing beeves, calves, sheep, pigs or other animals therein, unless such slaughter-house, building, yard or premises is situated at least sixty feet from any public street or thoroughfare, and at least two hundred feet from any residence or dwelling except that of the owner of such slaughter-house, building, yard or premises, and unless that such slaughter-house, building, yard, or premises is, and continues to be, in no manner injuriojs to health or offensive lo the extent of being a public nuisan'^e. Provided that nothing in this section contained shall be held to permit or authorize any person to cause or commit a private nuisance. 21. Every slaughter-house, building, yard or premises so used shall be kept well drained and ventilated, and shall be cleansed regularly each day, when killing has been done therein, and the offal removed or disposed of by the owner or occupier, so that no offensive effluvia may arise, and any such slaughter-house or building so used as aforesaid shall, by the owner or occupier, be lime white-washed inside at least once in each month, between the first day of April and the first day of November, and shall also be supplied with a hydrant pump or well having a sufficient supply of water for the purpose of keeping the same clean and free from smell, and such owner or occupier shall also, whenever necessary, or upon the request of any officer of the City Council, or the Local Board of Health, or Police Constable, use therein quicklime or other disinfectants of sufficient quantity to prevent offensive smells and injury to health. 22. It shall be unlawful for any person to keep and no person shall keep, or allow to be kept, in or upon his place, pigs or swine, or erect, keep or continue or permit on his place pig-styes or piggeries, so as to cause a nuisance, or to be likely to cause a nuisance, within the limits of the City of Kingston. 23. No person shall erect, keep, continue or maintain any pig-stj^e or piggery at a less distance from any public street or place than twenty feet. h i i 24- No person shall keep at any time, in any one place, more than one pig-stye or piggery. 25. No person shall keep in any pig-stye or piggery, at any one time, more than four pigs or swine, and every person keeping a pig-stye or piggery shall keep the same clean at all times and well enclosed and drained, and allow its inspection by any officer of this Council, or of the Local Board of Health, the Medical Health Officer, Sanitary Inspector, or Police Constable. 26. No person shall keep, nor shall there be kept, within the limits of the City of Kingston, any cow or cows or other horned cattle, or any cattle byre, stable, yards, or other enclosure for keeping horned cattle, except under and subject to the following provision, regulation and condition : (i) All stables, byres, yards and other enclosures where cattle are kept shall be properly constructed, ventilated, and kept clean to the satisfaction of the City Commissioner, the Medical Health Officer, Sanitary Inspector, or such other officer as the Council may from time to time appoint to inspect the same, and they shall be open and subject to inspection by said officers at all times in the day time. (2) The above rule and regulation shall not be construed to prevent properly fenced vacant lots in any part of the City being used as a pasture land, or as a paddock, and the word " cattle " 'Jt be construed to include horses. ' ^y person who shall, or may have, any stable or cow- hu.- in the City, shall not have the access thereto directly from any public street, square or thoroughfare of the said City, except by a gateway leading thereto, through a yard or the interior of the premises, and no person shall have any door, wicket or gate of any such stable, or cow-house, or other build- ing, yard, garden, or lot, or other premises, opening outwards on any of the said public streets, squares or thoroughfares of the said City ; and if any person has any such door or gate so open- ing outwards, and shall neglect or refuse to remove or alter the same so as to make it open inwards on the premises to which it may belong, after being notified by the City Commissioner or I I 111 —128— City Engineer so to do, he shall be deemed to be guilty of a breach of this By-law, and shall be dealt with accordingly, and every twtnty-four hours the same shall remain unremoved or unaltered as aforesaid, after the offender shall have been notified as aforesaid, shall be < E ^ i ^ < «M J« Cost Wor e ■& . « C V a X 1 Q ^ • T3 u » ! 1 » hi § s ^ 1 ^ 1 i\ - 5 J OQ (A u u p u s. >« H ° « B i:! Bl Z U V J3 £• c ?, Z .2 K -•^1 b a. J !^ « >M V x: T) - 6 'B Z ■ON asnoH •0,S 9A/-«r> .r> \\\r< ^f^-^i-^^ ^a. —135— lo. Any owner of property in the City may require the said contractor to number his house, building or other erection or lot ■n accordance w.th the provisions of this Bylaw and the J,V) contractor shall be bound on such requisftion 'to and sh" number sa.d house, building or other erection or ot on be.W pa,d or tendered the proper charges for so doing, and all work done under the provisions of this Bylaw shall be so done undlr the supervision of the City Engineer. 11. No person shall remove, deface, obliterate or destroy the figures or shields placed or painted or affixed to any house building or other erection numbered. ^ ' 12. Numbers shall not be affixed to any church or place o fnf to tie? ''• '"''"" "^u""""'' "' '° '"^ P"''"'= building belong, or to .h^ r •;' '°l^t Corporation of the City of Kingston, or to the Corporation of the County of Frontenac. 13. It shall be lawful for the owners and occupiers of houses buildings, or other erections or lots, .0 number the same wXu; employing the contractor. Provided that the figures uselare ,n accordance with the provisions of this Bylaw, and represent the proper numbers of such houses, buildings or other erecZs nnmh '" """■''"ing houses, buildings or other erections, the odd on the left hand side, from the starting point in every case, pasfin™' ^^"'''" '''^" '°"" '" '"" *'"' '^''^ ««■«' ™ its 1 : — 136- ¥ i Hill a It ii <« ii ii *i Hi 111 ^Hj i Iw Hi y ^" i H :. f •• : No. 478. A By-Law Respecting Snow, Ice, and Dirt. Passed Wednesday, Nov. ist, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — I. All owners or occupants of houses and buildings in the City of Kingston, shall, from time to time, during each winter season, between the first day of November and the first day of May following, in each year, when, and as often as it shall be necessary so to do by reason of their accumulation or otherwise, or when required so to do by the City Commissioner or other City officer, or by a member of the police force, remove all snow and ice from the roofs of the premises owned or occupied by them respectively in the said City, ^ach removal to be made in all cases without any unnecessary delay. 2. All owners and occupants of real property in the City of Kingston shall, from time to time, and at all times, when a^^d so often as it shall be necessary so to do, remove and clear aw^y all snow, ice, and dirt, and other obstructions from the sidewalks adjoining their respective properties, and if there be no sidewalks then from six feet of the street or alley adjoining and running alongside of their respective properties, such removal and clear- ing away to be made in all cases without any unnecessary delay. 3. It shall be lawful for this Council, in the case of vacant properties, the properties of non-residents, and of all other per- sons who, for twenty-four hours, negle-.t to clean the sidewalks and streets adjoining the same as aforesaid, to cause the removal and clearing away of all snow and ice and other obstructions from said sidewalks and streets at the expense of the said respective owners or occupants of the said properties, in case of their default, and in case of non-payment to charge such ex- pense as a special assessment against such premises respectively, to be recovered in Jil^e manner ^§ other municipal rftte? of the gaid City, —137— 4. Every person having the charge of any church, chapel or other pubhc building, shall, during the winter season, and during the time snow shall continue on the ground, keep the sidewalk or pavement m front of such building and of the lot in which it stands free from obstruction of snow, ice, dirt or other incum- brance, and shall at all other times keep such sidewalk or pave- ment clean and free from dirt and other incumbrances, and the provisions of section 3 of this By-law shall apply to every surh case. Provided always that it shall be lawful instead of enforc- ing the provisions of section 3 of this By-law to proceed against any offender against this section, or the two immediately preced- ing sections, as for a breach of this By-law, and each day's default in the premises shall be considered a separate and distinct offence. 5. This By-law shall come in force and take effect on its passing. No. 476. A By-Law Respecting Cab and Cart Stands, and Stands for Vehicles Used for Hire. Passed Wednesday, Nov. ist, 1893. Be it enaC 3d by the Council of the Corporation of the City of Kingston, as follows : — I. The following stands are hereby authorized and assigned for cabs and other vehicles, licensed, used to carry persons for hire, and are the only stands authorized or assigned for such cabs and vehicles, that is to say,— Number i— On the east side of Ontario Street betv/e'^n Clarence Street and Brock Street. Nwmber ?— On the east side of Wellington Street between Clar, enge 3tr§et ^n4 St, George's Hall, ••I »:! ••ill :S 11 «« H i -I ; I -138- Number 3— On the south side of Clarence Street, from tlie westernmost gate-post of the Custom House gate to the easternmost gate-post of the Post Office gate, staked on the ground. Number 4 — On North sideof Clarence Street, from Ontario Street westward to King Street. entrance door to the office formerly occupied by R. J. Eilbeck, British American Hotel Builr'.ings. Number 5 — On the north side of Clarence St from King Street to the west end of the Frc" nac Loan and Investment Society's Building. 2. That no such cabs or vehicles shall stand, or be placed to be hired, elsewhere in the City than upon one of the stands in the last preceding section mentioned, and any person standing, or placing any cab or vehicle to be hired, elsewhere in the City than upon one of the said stands shall be deemed to be guilty of a breach of this By-law. 3. The following stands are hereby authorized and assigned for carts and other vehicles, licensed, used to carry loads other than of persons for hire, and are the only stands authorized or assigned for such carts or vehicles, that is to say, — Number i — On part of the east side of Ontario Street, between Johnston Street and William Street, and extending from a post erected about forty feet from the south- west corner of Ontario and Johns* u Streets, and thence along the east side of Ontario Street to William Street. Number 2 — On part of the south side of Queen Street, between Ontario Street and King Street as follows : Com- mencing at Ontario Street, thence along the south side of Queen Street to the coal sheds. 4. No such carts or vehicles shall be stood, or placed to be hired, elsewhere in the City than upon one ot the said stands in the last preceding section mentioned, and any person standing, or placing any cart or vehicle to be hired, elsewhere in the City than upon one of the said last mentioned stands shall b§ deeme^ to be guilty of a t»re^c}i of this By-law. -13^- 5- The horses attached, or belonging to all such cabs, carts and vehicles, shall be kept well and constantly in charge on the said stands respectively by their drivers, when not employed. 6. No person shall stand, or place for hire, upon any of the said stands, or elsewhere in the City, any cab, cart or vehicle, the owner of which has not a license as required by the By-law of the Board of Commissioneis of Police of the City then in force. 7. This By-law shall come in force and take effect on its passing. No. 477. A By-Law Respecting Line Fences, Fences, and Fence Viewers. P*assed Wednesday, Nov. ist, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — I. The City Engineer, the City Commissioner, and the Clerk of the Public Markets of the City for the time being shall be the fence-viewers of the City, and shall be entitled to take and re- ceive the following fees for their services, viz : a. Two dollars each for every day's work under the Act of the Legislature of Ontario entitled, "An Act respecting line fences." b. Two dollars each for every day's work under the Act of the Legislature of Ontario, entitled "An Act respecting pounds," including certificates and statements. 2. A lawful division fence and a lawful fence shall be of the height of at least four feet six inches, and shall be made and maintained by the person or persons by law responsible good and substantial fences, and satisfactory to the fence-viewerp or a majority of them, and all such fences to be hereafter erecced ■ ; ki ■ H t| 1 ' 1 *' ** ' W <| ;l H ' ''i ii ^B :'*|. «• m ' '> " m ' ai .; <■ ' • , li ■ , <• <• ' 4» 1 X : li :!' i H ,:^:i 1 : • 4 i ; H ' • f : * \ ' *'' '.' • 4i \ \ , ^ ' . 1* ;. 1 'J' ■ J lit 1 \t H 1 'V H 'i ■ III j' I Hi ■ "i Hi \ —140— shall be constructed of either of the following materials, namely, iron or other suitable metal, stone, brick or wood, or partly of all or any of the said materials, or of other good and proper materials approved of by the fence-viewers or a majority of them, and every such fence shall be kept at all times by the person or persons by law responsible in a good and substantial state of repair, to the satisfaction of the fence-viewers or a majority of them, and every such fence shall be so constructed as to prevent horses, cattle, sheep, goats, swine and geese to pass through it. 3. The owners of lands through which any open drain or water-course passes shall erect and keep up water gates v/here fences cross such drain or water-course, and no person shall obstruct any drain or water-course, or foul the same, by dead animals, filth or otherwise. 4. The Act and Amending Acts of the Legislature of Ontario respecting line fences, in force from time to time, shall continue and be applicable to this Municipality as to all matters not herein provided for. 5. This By-law shall come in force and take effect on its passing. No. 478. A By-Uw Respecting Public Parks and Public Squares in the Nature of Parks. Passed Wednesday, Nov. ist, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — I. The Committee on Parks shall have the care and custody of all the public parks now or hereafter belonging to or in pos- session of the City, subject to all such By-laws as may from time to time be passed by the said Council, but no more public civic —141— money of i aid City shall be expended thereon than shall be appropriated by the Council lor that purpose. 2. A caretaker or caretakers shall be appointed to take charge of the said parks and keep the same in order. 3. Such caretaker or caretakers shall be appointed by the Council by resolution, shall be paid such salary as the Council may direct, and shall hold office during the pleasure of the Council. 4. Such caretaker or caretakers, except with the permission of said Council, shall not engage in any other or outside occu- pation, but shall devote his or their whole time, labor and ser- vices solely and exclusively to the duties of the office of caretaker 5. Every such caretaker shall be under the immediate super- vision and control of the said Committee on Parks, and shall obey all such directions and perform all such duties as shall be given to or required of him by said Committee. 6. Each such caretaker while he holds office, shall, with the approval of the Police Commissioners, be an ordinary member ol the police force of said City, and shall be sworn in as a constable for park purposes, but shall not exercise any of the duties of a constable outside the limits of the park, except in connection with an offence committed within said limits. 7. No extra salary shall be paid to any such caretaker for the performance of the duties of constable or as a member of such police force. 8. It shall be lawful for any police officer, constable, caretaker or other duly authorized person, to exclude and eject from the said public parks all drunken or filthy persons, vagrants, and notoriously bad characters, and to remove therefrom any person who is violating any By-law of the City Council or is uttering blasphemous or indecent language, or is committing any nui- sance, or is guilty of any disorderly conduct therein. 9. No person on foot, when crossing any such park from street to street, or from one part of a street to another part, shall walk on the grass or sward of such park, but shall confine himself or ■142 — I| 1 ♦ i '1)1 , 'til 1, I ^1' ' li > tiiK herself strictly to the foot paths and carriage drives therein laid out. 10. No person shall at any time walk on the grass or sward of any such park, when forbidden so to do by any caretaker or constable, or when otherwise properly notified. 11. No person shall walk, drive or ride into or upon any part of any such park, when forbidden so to do by any caretaker or constable, or when otherwise properly notified. 12. The right of prohibition, conferred by the last two pre- ceding sections, shall not be exercised except by direction of the said Committee or when such prohibition is actually necessary for the due preservation of such park. 13. No person shall ride or drive any horse in or upon or through any such park at an immoderate rate, or so as to incom- mode or interfere with or endanger other persons frequenting the same. 14. No person shall ride or drive any animal or vehicle on any turf or green sward in any part of any such park, nor in any part thereof, other than in the roads set apart as carriage drives. 15. No person shall break in or train any horse in any such park. 16. No person sliall tie up, fasten, or leave unattended, any horse or other animal in any such park. 17. Except when any such park is being repaired or improved, and by permission of the said Committee, no vehicles other than those intended for purposes of health or recreation shall be driven therein. 18. No person shall drive through any such park any cattle or other animals not in harness or attached to any vehicle. 19. No person, except in the like case of repairs or improve- ments, and with the like permission, shall dig or carry away any of the sward, gravel, earth, sand or turf, in or from any part of any such park. 20. No person, except in the like case of repairs or improve- — H3— ments, and with the like permission, shall climb, break, peel, cut, deface, disfigure, pull up, remove, injure, or destroy, any trees, shrubs, flowers, plants, grass, buildings, fences, gates, seats, benches, locks, bolts, or any other City property whatso- ever in any such park. 21. No person, except in the like case of repairs or improve- ments, and with the like permission, shall in any manner carry or cause lo be carried or taken into any such park, any stone, dirt, earth or other material, or any filth or other offensive matter or substance whatsoever, and no person shall commit any nuisance in any such park. 22. No person shall suffer or permit any animal in his charge o deface, disfigure, injure or destroy any trees, shrubs, flowers, plants, grass, fences or any other City property in any such park. 23. No person shall shake or otherwise cleanse any carpet, floor or other cloth, rug, mat, mattrass, bedding or clothing, in any such park. 24. No person shall cast, project or throw any stones, sticks, snowballs or other missiles within or into any such park, and no person shall play any game therein without the permission of the said Commit'.ee. 25. No person, except by permission of the said Committee, shall in any such park stt fire to any shavings, c^nps, straw, or other matter, or make or light any fire or bon-fire, or set fire to or let off any fire-works, or fire off or discharge any gun, fowling piece ci other firearms. 26. No pic-nic shall be held in any such park, except by permission of che said Committee, and no person shall litter any part of any such park with pieces of paper, food, rags or other reiuse whatsoever. 27. No person shall expose for sale refreshments or any other articles whatsoever in any such park, without the permission ot the said Committee. 28. No person shall expose in any such park, any table or device of any kind whatsoever, upon or by which any game of hazarvi or cnance can be played, and no person shall play at any •; II I •111 'lil t 5' — 144— such table or device, or at cards or any unlawful game, in any such park. 29. Provided always that the provisions of this By-law shall in all cases be subject to the provisions of any statute having force in said City, which shall expressly prohibit any of the offences hereby forbidden, and in case of a prosecution under any such statute for any such offence this By-law shall not apply. 30. The foregoing provisions shall apply to every public square in the nature of a park now or hereafter belonging to the City. 31. This By-law shall come in force and take effect on its passing. No. 470. A By-Law Respecting Injuries to Property and Notices. Passed Wednesday, Nov. ist, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. It shall not be lawful for any person without the consent of the owner thereof to deface any building, fence, telegraph or telephone pole or lamp-post or any private or other property by writing, printing, painting or posting thereon or attaching there- to printed, painted, written or other notices. 2. It shall not be lawful for any person without the consent of the owner thereof to pull down or deface any sign-board or writ- ing, painted or printed notice lawfully affixed within the City. 3. Without lawful authority it shall not be lawful for any person to injure, remove or destroy any tree or shrub planted or preserved for shade or ornament in the City, and no person shall do so without such authority. in any — 145— 4. It shall not be lawful for any person to stick or fasten any placard, card, poster or advertisement to any building, gate, door, fence or wal! without the permission of the owner or occupant of the premises. 5. This By-law shall come in force and take effect on its passing. No. 480. A By-Law Respecting Telegraph, Telephone and Electric Light Poles and Wires. • Passed Monday, Nov. 27th, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. Unless when otherwise lawfully provided for by agreement or otherwise, telegraph, telephone and electric light poles shall be erected in the public streets and places in the city only in such a manner as the public right of travelling on, and user of, said streets and places shall not be interfered with, and not more than one row of such poles (counting those now erected), whether telegraph, telephone, or electric light, or the three combined, shall be erected on one and the same side of any public street or place without the leave of this Council, and such row of poles shall be placed where the City Council may direct. Provided that the poles of the fire-alarm telegraph shall be held to be telegraph poles within the meaning of this section. 2. Unless when otherwise lawfully provided for as aforesaid, the said telegraph, telephone and electric light poles sha!! not exceed forty feet in height from the surface of the street or place, they shall be of cedar or pine, straight and sound and perpendicular when placed, and kept perpendicular, and not less than six inches in diameter at the small end, and thev shall be cleared of branches .•• • —146— and bark and well smoothed and rounded, and they shall be painted with two coats of paint by the companies or proprietors immediately upon being erected, and thereafter at least once every two years, with one coat of paint, and in such colours as the Council may desire. Provided that all poles now erected which have not been yet painted shall be painted with two coats as aforesaid immediately after the passing of this By-law, and shall thereafter be painted every two years as aforesaid by the companies or proprietors. 3. The lowest wire hung or attached to any of the said poles shall be at least twenty-two feet from the surface of the street or place beneath it at the lowest part of the said wire, and this section shall apply to poles and wires now erected. 4. Unless when otherwise provided as aforesaid the said poles shall be planted firmly and securely perpendicularly, their lower ends being not less than five feet beneath the surface of the street or place, and they shall be so maintained, and when brok- en or in disrepair they shall be renewed with sound poles, con- forming to the requirements of this By4aw and painted, as afore- said. 5. None of the said wires shall cross or pass along any roof, except at a distance of two feet above the same, or be supported by or from any roof without leave of the owner. 6. No such pole shall be erected opposite the door of a dwell- ing house or shop in such a place or manner as that free access to and from such house or dwelling shall be impeded. 7. No person shall stick or fasten any sign boards, advertising boards, bills, posters, notices, papers, advertisments, or documents of any kind, printed, written, painted, marked or otherwise form- ed or executed to, or upon, or against any such pole, or paint or mark anything thereupon. 8. The provisions of this By-law, unless otherwise provided, shall also apply to every other kind of poles, including the poles which may be used for the purpose of conveying electricity in connection with the Electric Street Railway, that may be aathori^ed by hvf to be ereQte4 in the public streets or places, — 147— 9- No person shall when, or in the course of erecting or repair- ing telegraph, telephone, electric light or other poles, or hanging, fixing or repairing telegraph, telephone, electric light or other wires or other apparatus, or making preparations therefor, cut down, cut, break, lop or injure any tree, shrub or sapling planted in any public street or place, or any branch or part thereof. lo. This By-law shall come in force and take effect on its passing. No. 481. . • A By-Law Respecting Public Morals. Passed Monday, Nov. 27th, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. No person shall, within the city, sell or give intoxicating drink to a child under the age of fourteen years without the con- sent of the parent, master, or legal protector of such child. 2. No person shall place indecent placards, writing or pic- tures or drawings, on any walls or fences in the streets or public places within the city. 3. No person shall be guilty of profane swearing, or shall make use of obscene, blasphemous or grossly insulting language, or be guilty of any other immorality, indecency or vice within the city. 4. No person shall exhibit, or sell, or offer, or expose for sale, or have in his possession within the city for sale, any indecent or lewd book, paper, picture, plate, drawing, or other thing. 5. No person shall exhibit or perform any indecent, immoral or lewd play, performance or show^ or t^ive any indecent exhibi- tion within the city, and the Mayor, Police Magistrate, or Chief •! «' I" »l 1 f ' .•• • H. Jl, '1 in —148— Constable, or any police-constable or peace officer, may prevent the same from being given, performed or exhibited. 6. No person shall make any indecent public exposure of his person within the city. 7. It shall not be lawful for any person to be found in any of the public streets, parks or places in the city indecently or in- sufficiently clothed or dressed, so as to cause any indecent public exposure of the person or indecent exhibition, and any person so found shall be deemed to be guilty of a breach of this By-law. 8. It shall not be lawful for any person to be found in any of the public streets, parks or places in the city, if a woman or girl, dressed as a man or boy, or if a man or boy, dressed as a woman or girl, or otherwise masked or disguised to conceal or facilitate the concealment of such person's identity, and any person so found shall be deemed to be guilty of a breach of this By-law. g. No person shall keep or frequent a house of ill-fame or a disorderly house within the city, or in any manner contribute to the support of such house or of any inmate thereof, or volun- tarily reside therein. 10. No person shall knowingly let any house or building with- in the city to be used as a house of ill-fame, or knowingly or wilfully permit any house of which he is the owner, trustee, les- see or agent, or otherwise controls, to be so used. 1 1 . No person shall permit his house or other building within the city to be used, frequented or resorted to by disorderly or drunken persons, betting men, gamblers, vagrants, prostitutes, or other persons of bad character. 12. No person shall keep a gambling house within the city, or keep or use or permit to be kept or used, for the purpose of gambling, in any house, room or place, within the city, occupied by him, any faro bank, rouge et noir or roulette table, or any other device for gambling, or permit or allow any games of chance or hazard with dice, cards or other device, to be played for money, liquor, or other thing, within such house, room or other place, and no person shall permit any description of gam- \)lijig, playing at cards, dice or other games of chance, or l^ettin^. ! prevent ire of his V n any of :ly or in- nt public jerson so ly-law. n any of n or girl, a woman facilitate erson so y-law. ime or a ibute to )r volun- ng with- ingly or stee, les- % within derly or tstitutes, I city, or rpose of jccupied or any ames of e played room or of gam- ^ettin^, in any such house, room or place, and no p( rson shall frequent any such house, room or place, or gambling house, or be therein for the purpose of gambling. 13. No person shall knowingly let any house or building with- in the city, or permit any house or building within the city of his, or of which he has charge or control, to be used as a gambling house or place wherein gambling or gaming is to be, or is, car- ried on, and no person shall sell or conduct the sale of any article or thing in any public street, square, park, or public market place by way of lottery, or gift sale (real or pretended), or in any way in which there is an element of gambling, or shall invite or induce any person to become a purchaser of any such article or thing offered for sale in such a manner, and no person shall place or exhibit for the purpose of gambUng or gaming, any gambling or gaming board, table or apparatus, or other device for gam- bling or gaming in any public street, square, park, or place, or shall gamble or play games thereon or therewith in such public street, square, park, or place, or invite or induce other persons to gamble or play games thereon in such public street, square, park, or place. 14. The Mayor, Police Magistrate, or Chief Constable, or any police-constable or peace officer, may enter into any house, room or place within the city in which any faro bank, rouge et noir or roulette table, or other device for gambling may be kept or used for gambling, or in which gambling of any description may be carried on, and may arrest any person who shall be found therein, and seize and destroy all such faro banks, rouge et noir, roulette tables, and other devices for gambling as sh^ll be found therein. • ' 15. This By-law shall come in force and take efFect on its passing. —ISO— 1 i' 11, No. 482. A By-Law Respecting Drink and Disorderly Persons, Vagrants and Mendicants. Passed Monday, Nov. 27th, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1 . It shall not be lawful for any person to be found drunk or fighting, or offering to fight, or quarreling or brawling or shout- ing, or otherwise disorderly, in any public street, highway, or public place, in the said city. 2. All persons who shall be found drunk, or fighting, or offer- ing to fight, or quarreling, brawling or shouting or otherwise dis- orderly, in any public street or highway or public place in the said city, shall immediately be taken into custody by any Police Constable, and shall be fined in such penalty, and dealt with in such manner as is authorized for a breach of this By-law. 3. All persons wandering abroad, or placing themselves in streets, public places, courts or passages, or going 11 om door to door to beg or gather alms, or causing or procuring or encourag- ing any" child or children so to do, or endeavoring by the expo- sure of wounds, diseases, or deformities, to effect the same pur- pose, ai:d all persons imposing, or endeavoring to impose, upon persons or charitable institutions by any false or fraudulent re- prep^^ation, either verbally or in writing, with a view to obtain money or some other advantage or benefit, shall be deemed men- dicants and street beggars within the true meaning and intent of this By-law. 4. If any drunken person, mendicant, or street beggar, as afore- said, shall be found or seen acting as aforesaid, it shall be deem- ed an offence against this By-law, and it shall and may be law- ful for any constable or any other person whomsoever without any warrant for that purpose to apprehend such person so found offending, and to carry and convev? or cause to be carried and conveyed, such person when so apprehended before the Police ms. the City drunk or or shout - hway, or or offer- "wise dis- :e in the ly Police t with in w. selves in 1 door to ncourag- he expo- ime pur- )se, upon ulent re- to obtain ned men- intent of as afore - be deem- be law- without so found ried and le Police — i5t— Magistrate, or any other Justice of the Peace, of the said city, having jurisdiction, or to the police station, there to be kept un- til such person so apprehended can with all convenient speed be brought before the said Police Magistrate or Justice of the Peace. 5. When any drunken person, mendicant or street beggar, as aforesaid, shall be apprehended by any person or constable as aforesaid, and brought before the Police Magistrate, or any Jus- tice of the peace as aforesaid, it shall and may be lawful for the said Police Magistrate or Justice to examine the person appre- hended, and to take the evidence upon oath of any credible per- son as to the offence of drunkenness, mendicancy or street begging, as the case may be, alleged and charged against the person so apprehended ; and, if such offence be proved, such person shall be deemed to be guilty of a breach of this By-law, and shall be dealt with accordingly. Provided always that the Chief Constable of the City, or in his absence the officer in charge of the Police Station, when any person is brought to the said station on the charge of being drunk, without being disorderly, may in any such case, where it is as far as known to said officer a first or second arrest for such offence, release such person without bringing him before the Police Magistrate or a Justice of the Peace, if such person is capable, or as soon as he becomes capable, of going to his home. 6. Instead of proceeding under this By-law against any such drunken person, mendicant or street beggar, the Police Magistrate or other Justice having jurisdiction, may proceed against such drunken person, mendicant or street beggar, under any statute or law dealing with such persons. 7. It shall not be lawful for any person, in any public street or place, to importune another person for help or aid in money. 8. It shall not be lawful for any deformed or malformed or dis- eased person, to expose himself, or for any person to expose any deformed, or malformed, or diseased person, in the public streets or places, to excite sympathy, or induce help or assistance from general or public charity; and every deformed, malformed, or diseased person, so exposed^ contrary to this section, shall be im- mediately removed, or caused to be removed, by any officer of the Mi —152— City Council or police constable, and in case of a repetition of the offence, any such deformed, or malformed or diseased person, and any. person exposing such malformed, deformed or diseased per- son, may be forthwith arrested and taken into custody, to be brought before the Police Magistrate or other Justice as afore- said, to be dealt with as for a breach of this By-law. 9. Provided that any person having a certificate signed within six months by a priest, clergyman, or minister of the gospel, or two Justices of the Peace residing in the said city, that he or she is a deserving object of charity, may beg and take alms in the said city, notwithstanding anything herein contained. 10. This By-law shall come in force, and take effect on its passing. No. 483. A By-Law Respecting: Police. Passed Monday, Nov. 27th, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1 . There shall be a Police Force established and maintained in and for the City. 2. A Police Office and Station is hereby established in and for the City of Kingston, and the present Police Office and Station, situate in the City Buildings, shall continue to be the Police Office and Station of the said City. 3. The Police cells, and the ante-room or day rem thereto, now used in connection with the said Police Office and Station, shall also, from and after the passing of this By-law, be and con- stitute, and are hereby estabhshed, a Lock-up house for the said city, and said Lock-up house shall be in charge of and under the management, regulation and control of the Board of Commis- sioners of Police of the said city in connection with the said Police Office and Station. 4. The persons detained in the said Police Office and Station, or in the said Lock-up house, from time to time, shall be in charge of the Police Force of the said city, under the regulations of the said Board of Commissioners of Police, made or to be made in that behalf. And no person shall hold any conversation, or have any communication by speech-signs, or by writing, or by letter or otherwise, or shall hand, or throw, or convey any liquor, tobacco, lights, matches, cigars, cigarettes, weapons, tools, im- plements, or any article or thing whatsoever to any person de- tained in the said Police Office and Station, or in the said Lock- up house, clandestinely or secretly, or otherwise, except through the medium, or with the permission of the Police authorities in charge, and any such article or thing given or conveyed as afore- said, without the permission of the PoHce authorities in charge, or through them, to any person detained in the said Lock-up house or PoUce Office and Station, shall be destroyed or forfeited to the use of the public, as the said Board may determine. 5. The provisions of this By-law are subject to the provisions of the Municipal Act in that behalf. 6. This By-law shall come in force and take effect on its pass- ing. No. 484. A By-Law Respecting Public Works, Contracts, Labour, and Supplies. Passed Monday, Nov. 27th, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — •1J4— f M 1 . No Mayor, or other member or members, or committee, of this Cduncil, or officer thereof, shall order or contract, or assume to order or contract for any works to be done, or men, horses, vehicles or machines to be employed, or to purchase or procure any such, for, to, or in the name, or on behalf of, this Council or Corporation, unless such mayor or member or members or com- mittee or officer be expressly authorized so to do by a resolution of this Council duly to be passed antecedent to any such order- ing, contracting, employing or purchasing. Provided that no- thing herein contained shall be held to prevent the mayor or other head of the Council for the time being, in case of emergency, and where the public interest or safety would be endangered by de- lay, or where the preservation or protection of the public property immediately requires it, to order, contract, employ or purchase as aforesaid, as may be absolutely necessary in the particular case, upon the requisition of a quorum of the proper committees according to the nature of the case ; all such transactions to be reported to the next ensuing meeting of this Council. And pro- vided that the Mayor or any committee, may, in case of emer- gency as aforesaid, order, contract, employ, or purchase as afore- said to the extent of twenty dollars only. 2. All work and materials, labor and supplies beyond the value of twenty dollars, shall be contracted for on tender called for by public advertisement or posters and accepted by this Council by resolution duly to be passed. Provided that ordinary street cleaning, patching and materials therefor, may be ordered by the Streets Committee, within the limits of said Committee's appropriation, and provided further that the provisions of this By-law shall not apply to work required to be done in the City Parks within the Parks' appropriation when the amount to be expended by the Parks' Committee does not exceed sixty dollars, and no Ward appropriation, special or other appropriation, shall, in any case, be exceeded without the express authority of the City Council as aforesaid, and this Corporation shall not be liable for any such excess in the absence of such authorization by this Council. 3. This Corporation shall not be liable for, and shall not pay for any work, labour, materials, articles or supplies as aforesaid) -dis- ordered, purchased, contracted for, or employed, contrary to the provisions of this By-law, and it sh d be the duty of the City Engineer, and of every officer and laember of this Council, upon learning that any of the said provisions has been infringed, im- mediately to report the same to the Mayor, or to this Council, and in the meantime to cause all action in such matter to be suspended ; and the said City Engineer shall keep a true account of all appropriations, and shall see that the same are not exceeded in any case, and shall forthwith report to this Council when each appropriation has been expended, and shall also stop immediately all work in connection with which such appropriation was made or granted. 4. Provided that, notwithstanding anything contained in the preceding sections of this By-law, it shall be lawful for this Council to directly employ the necessary labour and means to do any local improvement, works or services, instead of ask- ing for tenders for the same and having the same done by con- tract, and said sections shall not apply to any local improvement, works or services so undertaken or done by this Council. 5. This By-law shall come in force, and take effect on its passing. No. 483. A By-Law Respecting the House of Industry. Passed Monday, Nov. 27th, 1893. Be it enacted by the Council of the Corporation of the City ot Kingston, as follows : — I. The house and premises on Montreal Street, in this City, now occupied and used as a House of Industry, shall continue to be the House of Industry of the said City. ,1*1 I it si ' if 2. There shall be chosen annually, on the first Monoay in February, in manner i sreinafter mentioned, twelve Inspectors (six of whom shall be a quorum) to govern and manage the said House of Industry, under the rules and regulations for the proper management and discipline of the said Institution, and of the in- mates and officers, to be adopted and approved of by the City Council of the said City from time to time. 3. The following Rules and Regulations are declared to be the Rules and .regulations for the government and management of the said House of Industry, and its inmates and officers : — (a) Inmates. 1. Every applicant for admission to the House of Industry must present a ticket of admission from at least one Inspector of the Institution. 2. All applicants must disclose all the particulars concerning themselves required by the Institution, for entry in the Admission Book, kept by the Superintendent. 3. All inmates, who are able, shall rise at the ringing of the bell at six o'clock during the months of May, June, July, August and September, and at seven o'clock during the remainder of the year. 4. No inmate shall be allowed to sit down to meals without appearing clean and properly washed. 5. No profane or immoral language or conduct shall be per- mitted in the Institution. No smoking allowed in the dormitor- ies, and no spirituous liquors allowed on the premises, without permission from a Medical Officer being given in writing. 6. The inmates who are able may attend their several places of worship on Sundays, but shall return to the House immedi- ately after service, unless permission to the contrary has been obtained from the Superintendent. 7. All inmates are required to attend Divine Service connected with the denominations which they respectively profess to belong to, when held in the House, unless excused by the Superinten- dent. 8. Persons supported in this Institution shall perform any work they are required to do by the Superintendent or Com- mittee when able so to do. —157- 9- No inmate shall leave the Institution, expecting to return, without permission of the Superintendent. 10. Any inmate found in a state of intoxication shall be im- mediately reported by the Superintendent to the weeklv Com- mittre. 11, Any inmate violating any of the above rules for the first offenc a shall be reported in writing by the Superintendent to the weekly Committee ; and for the second offence shall be subjeC to dismissal by the Superintendent, who shall report his action. (b) Officers. 1. The Officers of the said Institution shall consist of a Superintendent and a Matron, and any nurse or nurses which may be occasionally employed by the Board. 2. The Superintendent and Matron shall be appointed by the Board, and shall hold office during pleasure and reside in the Institution, and shall have free rations, lodging, fuel and light, and shall take charge of the provisions and stores, and ad- minister the same to the inmates with care and without waste. They shall see that the inmates wash themselves regularly, and keep themselves and their clothes clean, and that the rooms and dormitories and bed clothes are regularly cleaned and kept clean, and they shall not absent themselves from the Institution without leave except on its business, and both shall not be absent at the same time ; and they shall in all things obey the Board, and the member or members composing the Visiting Committee from time to time. (c) Persons who are Ineligible for Admission to THIS Institution. 1. Any former inmate who has been dismissed from the Insti- tution for bad conduct, unless the Inspectors are satisfied as to reformation in character. 2. Persons who are depraved in their morals, and whose gen- eral character is bad. 3. All persons with contagious disorders, or who require con- stant medical treatment. 4. Four of the said Inspectors shall consist of the Mavor of the City for the time being, and three members of the City i i!y >!!! I! fl hi ',* hi -158- Council, to be chosen by the said Council annually, on or be- fore the first Monday in February in each year. 5. The remaining Inspectors shall be chosen as follows : The persons who shall be annual subscribers in aid of the funds of the said Institution, to the amount of four dollars per annum and upwards, shall, at a meeting to be held for the purpose annually on the first Monday of February in each year as afore- said, of which meeting one week's public notice in the city daily newspapers shall be given, by the votes of a majority of such subscribers present at such meeting, select eight of the said subscribers as Inspectors, who with the other Inspectors, members of the said Council, shall form the Board of Inspectors of the said Institution. 6. The said Inspectors shall appoint one of themselves to be Secretary-Treasurer of the Institution. 7. The Institution sha^l be supported exclusively on its own proper income and revenue, out of which it shall also be kept in repair ; and the Corporation of the City of Kingston shall not be hable to any person whomsoever, for, or on account of, any salaries, supplies, repairs, or any other matter or thing connect- ed with the said Institution or its management. 8. A Committee, consisting of two of the Inspectors in rota- tion, shall visit the Institution and superintend its internal affairs, including the admission of inmates, on Wednesday in each week. 9. This By-law shall come in force and take effect on ts passing. »• .1 Mki I t — »59— No. 486. A By-Uw Respecting the Court of ReviAion. Passed Monday, Nov. 27th, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows :— 1. The Court of Revision shall not have power to remit or re- duce the taxes due by any person, unless the petition for such remission or reduction is presented not later than the month of December in the year for which such taxes are imposed, and all such remissions and reductions shall be made by the Court ol Revision in the year in which such taxes arc imposed, and not otherwise. 2. This By-law shall come in force and take effect on its passing. No. 487. A By-Law Respecting Streets. Passed Monday, Nov. 27th, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows :— I. No person shall ride or drive any horse or horses, or other beasts, through any of the public streets, squares, wharves or thoroughfares of the City at an immoderate rate, nor shall suffer the same to run or remain loose or at large, nor to stand in any public street or place without being sufficiently secured or tied, to prevent their running away. 2. No person riding or driving any horse or horses, or other , .,n3.{ .cCv, >Tn« rtij^- uujcr norse or oiner team, or seek or i6o- 'II' p' ii aJalB : '( Iry to pass the same at an immoderate or dangerous pace, or gallop any horse or other team in any public street or place. 3. No person shall lead, ride or drive, propel, push or draw any horse or vehicle, cutter, sleigh, sled, hand-cart or wheel- barrow, bycicle, trycicle or velocipede, or any cart, waggon or carriage wheel, or any cattle on any public sidewalk or boule- vard of the City, except at the entrance to a gateway in crossing such sidewalk to pass through such gateway, nor shall suffer the same to remain thereon, and no person shall place or fasten any horse or horses in such a way so that the reins shall form an obstacle to the free use of the sidewalk, or keep any horse or vehicle standing upon any public crossway for foot passengers over any street or thoroughfare. Provided that nothing in this section contained shall apply to children's carriages. 4. No person shall place, operate or run, in any public street, any road engine, steam traction engine, or steam motor, without leave of this Council having been first obtained. 5. No person shall place, or cause to be placed, any cask, parrel, hogshead, puncheon, box, basket, package, bale, furni- ture waggon, cart or other vehicle without horses, wood, stone, brick, plank, boards, or other obstruction, article or thing what- soever in or upon any public street, place, pavement or side- walk or boulevard in the city, except when any such article is being actually moved or transported across or along such street or place, or across a sidewalk or pavement, and except as in this By-law is provided. 6. No person shall expose or display any goods, wares or merchandise, in or upon any public sidewalk, street or place, or allow any such goods, wares or merchandise belonging to him, or in his possession or charge, to remain in or upon any public sidewalk, street or place longer than may be necessary to load or unload the same, or except when any such goods, wares or mer- chandise are actually being moved or transported across or along any such sidewalk, street or place, and no person shall allow to remain in or upon any such sidewalk, street or place, any barrel, crate, box or other thing containing, or supporting, or suspend- ing, or intended to contain, support or suspend any goods, wares -i6i- or merchandise bfelonjging to him, or in his possession, or charge or by means of which any goods, wares or merchandise belong- ing to him or in his possession or charge, are exposed or display- ed as aforesaid. Provided that articles for sale may be exposed by hanging the same up on the outside of the shops, on the walls or door jambs, or posts thereof, or by exposing the same in neatly painted moveable trays or shelves; to be approved of , by the City Commissioner, to be attached for support to the out- side of the shops, but all such articles shall be so hung up and fastened, so that the lowest part shall be not less than eighteen inches above the sidewalk, street <3r place, and all trays and shelves shall be placed or attached for support, as aforesaid, so that the bottoms shall be not less than eighteen inches above the sidewalk, street or place, and such articles as are so hung up and fastened, and such trays and shelves o placed orattach- ed as aforesaid, shall in no case project into the street more than twelve infches, beyond the main or general line of the shop wall proper, and all such articles as are liable to be flapped or swayed or blown to and fro by the wind, shall be so securely fastened as to prevent this happening, and no such articles, or trays or shelves, shall be in any way supported from the side- walk, street or place, and all such articles, trays and shelves, shall be removed into the shops every day before it becomes dark, and no such articles, trays or shelves shall be hung up, fastened, placed, attached or exposed, or put outside as afore- said, on Sundays, and no articles shall be hung up, fastened or exposed outside of shops, or trays or shelves placed, attached or exposed outside of shops, in any public street or place as aforesaid, otherwise than is in this proviso permitted, and all pel ons hanging up, fastening or exposing articles, or placing, attaching or exposing trays or shelves outside of shops in any public street or place, or placed otherwise than is in this proviso permitted, shall be deemed to be guilty of a breach of this By- law and shall be liable to the penalties in such case provided. 7. Persons contravening the last preceding sections 5 and 6 shall remove the things placed on any such street or sidewalk, or boulevard therefrom, forthwith on notice hv anv nffiror m ^h\'> Council or member of the police force. •I 62 — .'! •' I I 'I J :ii I 1 ■I I 8. No person shall place, or cause or permit to be placed, any materials for building, or to be used in any building, on any public pavement, sidewalk, boulevard or crossing of the City, and every person engaged in erecting or repairing any house shall keep and maintain strong and sufficient scaffolding to pre- vent injury to foot passengers, with its supports so placed that as little obstruction to traffic as possible shall take place, and also shall keep and maintain all openings or excavations suffici- ently fenced and lighted and secured to prevent any such injury, and shall during the time of erection of any such building, cover the pavement or planking on the sidewalk, and also the boule- vard with good and sufficient planks to protect the same from injury, or take such other precautions for the preservation thereof as the City Engineer shall direct. 9. No person shall occupy with building materials more than one-half of the public street of the City, whether there be one contractor or more than 'one contractor engaged in the erection of the building (and in case of buildings being erected opposite each other, not more than one-third of the street on each side shall be occupied), nor shall such building materials be placed in front of any adjoining house, building or premises, but only opposite the side of the building being erected or repaired, and then only during such time as may be indispensably necessary from time to time for carrying on or completing the work. 10. Before so placing any such building materials or excava- ting any earth or stone in any public street or place every person about to build, or contractor, or master workman concerned in the building or work, who shall desire to occupy a part of the public street or place with building materials as aforesaid, or to make an excavation in or adjoining any public street or place, shall before so doing notify the City Engineer of such his inten- tion, and with two sureties enter into a bond to the Corporation of the City as is hereinafter provided, in which bond shall be stated the time during which such street may be occupied. 11. From and after the passing ot this By-law any person in- tending to open or enlarge or repair a drain, or make an excava- tion, or lay down building materials in or obstruct in any way in connection therewith, or with any building or other work a — 163 — public street or highway, or public square or public place of this City, or erect scaffolding, or gangways, or poles, cranes or hoists, or other obstruction therein, shall before so doing enter into a bond to this Corporation with a condition according to the form following, with two good and sufficient sureties, the said person in five hundred dollars, and the said sureties in two hundred and fifty dollars each, and said condition may be adapted to each particular case by such change in the phraseology thereof as may be necessary, and no person, unless he or she has with his or her sureties as aforesaid duly entered into the bond as afore- said, conditioned as aforesaid, shall proceed to open or make, enlarge or repair a drain, or make an excavation, or lay down any building materials in or obstruct in any way in connection therewith, or with any building or other work any pubHc street or highway, or public square or public place of this City, or erect any scaffolding or gangways or poles, cranes or hoists, or other obstruction therein and it shall be the duty of the City Engineer to prepare such bond and procure its due execution by the proper parties in each case, and unless the conditions . 'love mentioned have been duly complied with it shall be unlawful for any person to do any of the matters or things hereinbefore mentioned in any public street or highway, or public square, or public place of the City, and any permission to do the same which may have been granted to any such person shall be of none effect, and shall so remain until such bond h?ive been duly entered into, and the City Engineer shall be responsible to this Council for seeing that this and the three next preceding sections of this By-law are duly observed and enforced in all cases. Provided that in unimportant cases the Mayor may by written minute dispense with the bond aforesaid or lessen the amount of the penalty. FORM OF BOND REFERRED TO IN ABOVE SECTION. Know all men by these presents that we of the City of Kingston, in the Province of Ontario, of the same place, and of the same place, are held and firmly bound unto the Corpor- fi^ion of the City of Kingston in the pei)aJ sum of one thousand Hi .« '2,5 164 — dollars of the lawful money of Canada in manner following, that is to say, the said in the sum of five hundred dollars, and the said ^"^ in the sum of two hundred and fifty dollars each, to be paid to the said the Corporation of the City of Kingston, or, their certain attorney, successors or assigns, for which payment to be well and truly made, we severally bind ourselves, our, heirs, executors and administrators firmly by these presents sealed with our seals. Dated this day of > , 18 Whereas the above bounden ' is about to in street, in the said City of Kingston, now the condition of the above obligation is such that if the said his executors, administrators, and assigns, do and shall at all times, well and truly, and in a good, sufficient and careful manner guard, fence, light and pro- tect the said , •• and provide sufficiently and carefully for ^he safety and protection of the public and their property in respect to the said and do and shall at all times maintain and keep the said in such good and sufficient and carefully protected state, and so guarded, lighted, fenced and protected as aforesaid, and also provide sufficiently for the protection and safety of the public and their property until (such drain or excavation has been com- pleted, and the same duly covered in and filled up, and the said street has been restored to its former and usual state, or until the said building materials have been used or entirely removed from the said street, together with all erections or constructions in the said street connected with the work, such as receptacles for lime, water and mortar, scaffolding and other things have also been en- tirely removed, and the said street restored to its former and usual state), and also if the above bounded his executors, administrators and assigns do and shall prosecute the work so that the same shall be finished within from the date hereof, and also shall not occupy at any time a greater part of the street than is authorized by this By-law, and also do ana shall without delay, on the completion of the works, restore the sairl strepf tn if-a fr\rmo.r of.,f,r» ^c ;_ j _ • , ■ ,, .... .,^^ ^lai^ VI icpaii, uiiu so mamiain the said part in repair for six months thereafter, and efficiently re- -165- pair, replace, and make good the boardwalks and sidewalks in the said street which may have been injured, broken or removed during the course of the work, and also do and shall at the completion of said repairs remove all debris, together with the materials used for fencing and protection, and also if the said his heirs, executors and administrators, do, and shall at all times, well and truly, save harmless and indem- nify the said the Corporation of the City of Kingston and their successors and assigns off, from and against all and every action and actions, suits, proceedings, losses, damages, demands, claims and costs which may be brought or prosecuted against the said the Corporation of the City of Kingston, or their suc- cessors, or which they or either of them may feel called upon to pay, or which may be recoverved against them or either of them for or on account of or by reason of any injury or damage sus- tained by any person, or by the property of any person, or for or on account of or by reason of any damage or injury done to the said street, or the said boardwalks or sidewalks in conse- quence of or connected with, or arising from the (opening or making of any such drain or excavation, in or the laying down of such building materials in or obstructing in connection therewith the said street, or in consequence of or in connection with any building or other work being there erected or done, or in conse- quence of or arising from the acts or negligence of the said his employees, executors, administrators or assigns in or in connection with any such ivork) and also do, and shall, well and truly reimburse on demand to the said the Corporation of the City of Kingston, or their successors, all such outlays, losses, damages, payments and costs as aforesaid. Then the above obligation to be void, otherwise to be and remain in full force, effect and virtue. Signed, sealed and deliverd] in presence of [ [L.S.] [L.S.] [L.S.] 12. On default being made in the observance of any part of the said condition of said bond, this Corporation besides the remedy on the said bond, shall be at liberty to take such other proceedings, sumrnary or otherwise, as they may be advised, or as they may be entitled to take. Hf i.l m^ I! ft 'I — 166— 13. Hereafter, subject to any provisions contained in this B>-law, it shall not be necessary to obtain the permission of the Council to lay down building materials or to make a drain, or do other necessary work in the streets in this Municipality, but in lieu thereof the party intending to do so shall previously give a written notice of his or her intention to the City Engineer, and enter into a bond as above provided. 14. The building materials, stones or earth, to be placed in any public street or place as aforesaid, shall be enclosed, if re- quired by the City Engineer or Chairman of the Committee on Streets, with a strong and sufficient fence at least four feet high, to enclose such materials and protect the public during the necessary period they are required to be used about any house or erection, or to remain in such street or place, which fence is to be made to the satisfaction of the City Engineer, and no wood or stone, or earth, vr other material, shall be placed in the street for such house or erection, except within the limits of the said fence. 15. Hereafter no cut stone or lumber shall be manufactured in the public streets or thoroughfares, but the same shall be dressed either on some part of the lot or premises to be built upon, or previously prepared by the contractor, or master work- man on his own premises. 16. Every person who, in the excavations of any cellar, area, drain, pit or well, may deposit the stones, earth or rubbish therefrom on the public street, shall remove the same as fast as the same is dug out or excavated, or on notice from any officer of the City Council, or of the police force, and in case of any excavation in or near a public street, place or thoroughfare, shall at night, except in clear moonlight, sufficiently light, and keep the same provided with a light, and shall also enclose or secure the same from the commencement to the completion by a fence sufficient to protect the public from injury, and no per- son shall leave unlighted as aforesaid, uncovered, uninclosed or unfenced, any cellar, area, drain or other excavation whax~oever, whether now or hereafter to be made upon any lot or parcel of ground, whet:her occupied or unoccupied, near any ptjbijc street — 167— or thoroughfare, or in or upon any public street, place or thoroughfare, so as to endanger the safety of passengers. 17. AH persons and corporations having occasion to dig or excavate in any public street, sidewalk, or place in the City, shall forthwith, when such digging or excavating is completed, re-lay, re-make and restore the part of the street, sidewalk or place so disturbed, so that it will be in as good a condition as it was in before such digging or excavating took place, and shall keep such part in repair for a period of six. months there- after, in default whereof this Council may do the work at the expense of the person or corporation so making default, and re- cover such expense from such person or corporation under the provisions of the By-law. and of the Municipal Act in that be- half, or may proceed against such person as for a breach of this By-law, every week's default to constitute a separate offence. 18. Every owntr or occupant of a house, or proprietor of an unoccupied house, having cellars or areas adjoining on any public street, place or thoroughfare, shall secure and maintain such openings with itrong and sufficient trap-doors, or iron gratings, on a level with a foot pavement or regular sidewalk, anjd subject to the inspection and approval of the City Engineer, and all such doors and openings shall be kept shut except for immediate use, and while in use, and that use shall be only by day-light, and all such doors and openings shall, while open, be in charge of some intelligent person to warn passers by. 19. Hereafter no cellar or other door or area whatsoever shall be constructed in or across any sidewalk or public street or place. Provided that it shall be lawful to construct cellar win- dows which shall not encroach upon the sidewalk or street more than twenty-four inches beyond the line of the house to which they belong ; provided that the same shall at all times be covered with a strong and substantial iron grating, and it shall also be lawful, on permission first had from the City Council, to place circular gratings not to exceed eighteen inches in dia- meter on the sidewalks, and level with the surface, but all per- sons making or placing such cellar windows or gratings shall give a bond of indemnity, with sureties to the said Corporation as aforesaid, with a penalty and a condition suitable to the case. — 168- .1 U ; « I I' tga. The iron grating to be placed over cellar windows in the streets as required by Section 19 of this By-law, shall be of uniform pattern, and shall be made of cast or wrought iron, and shall be in accordance with the specification and drawing made for ;he same by the City Engineer, and in his office. Provided that in cases where there are already substantial wrought iron gratings satisfactory to the City Engineer they shall be allowed to remain ; and provided further that all wooden gratings, and all iron or other gratings unsatisfactory to the City Engineer, shall be forthwith removed by the owners or occupants of the premises to which they belong, and be by such owners or occu- pants replaced with cast or wrought iron gratings as aforesaid, to the satisfaction of the City Engineer, and a notice requiring the removal of said wooden and unsatisfactory iron or other gratings, and the replacing of the same with said cast or wrought iron gratings shall be served in each case on the person or persons concerned, and hereafter no wooden gratings or grat- ings other than such cast or wrought iron gratings as aforesaid shall be used to cover any cellar window in the streets, and any person failing to obey and observe the provisions of this Section 19a shall be deemed to be guilty ot a breach of this By-law and shall be dealt with accordingly. 20. No person shall excavate for any drain in any of the public streets or squares of the City, without first having, with his sureties, entered into a bond to the said Corporation as afore- said, and having also first paid one year's rent in advance for the use of the drain to be entc'red. arr.ording to the provisions of the By-law relating to sewers and drains, and no excavation shall be begun (or if begun such excavation may be stopped by any member or officer of the City Council; until the said con- ditions have all been complied with. 21. No person shall cart, carry or transport sand, stones, dirt, m.anure, rubbish, or any loose fluid or semi-fluid material across or over any public street, or square, or place, in any cart, waggon or other vehicle, in such a manner tl)at any portion of the load may or shall spill, fall, or be scattered on the street, nor shall any person draw any timber or any other heavy article so — 169— that the same, or the end or other part of the same, shall drag on any public street, place or sidewalk. 22. The owner, occupant or person in possession of every house or building, or occupied lot, shall cause the sidewalk opposite his house, building, yard and garden attached to be properly swept and cleaned, and if any such house or yard and garden attached should form the corner of two streets, the side- walks on both streets shall be so swept and cleaned. 22a. No person shall use an axe, an iron, steel or metal spade, hoe or shovel, or any iron, steel or metal implement, in removing the snow or ice from any granolithic or artificial stone or asphalt sidewalk in the City, or throw or cast any heavy substance on any such sidewalk, and, notwithstanding anything contained in this By-law, no person shall scatter, place or sprinkle any salt, brine or salt pickle, ashes, on any such sidewalk, and any per- son so doing shall be deemed to be guilty of a breach of this By-law, and shall be dealt with accordingly. 23. No person shall break or train horses, run or assist at or take part in horse races, or races by men on foot, play at any game of shinty, or ball, cricket or lacrosse, or at any game or sport with a ball or otherwise, or fly a kite, or play at quoits, or use any bow and arrow or catapult, or play at ^ch and toss, or throw any hammer, bar, shot, bullet, stone snow-ball or other missile in any of the public streets or sidewalks of the City. 24. No person shall set, urge on, or encourage dogs to fight in any public street, square or place in the City. 25. No person shall kill or slaughter any animal in any public street, square, or public place in the City. 26. No person shall throw any dirt, filth, ashes, cinders, slops, refuse or other castaway matter, or thing, or carcases of animals, or rubbish in or upon any public street, sidewalk, boulevard, crossing, road, lane or highway. Provided always, that the sprinkling of ashes or salt on sHppery places on the wooden sidewalks, for the purpose of preventing pedestrians from slip- ping, shall not be deemed an infraction of this By-law. ik 4l:Ki it M I hi ^ I ^ ', * ; 'I* . ':t\ i « : 1 I '" » — 170— 27. No person shall scatter or throw in or upon any public street, sidewalk, boulevard or place, or shall stick or fasten upon any such sidewalks, any bills, hand-bills, dodgers, notices or advertisements, printed or written, and no person shall print or otherwise make any letter dev.' e, on any public side- walk. Provided always, that notliing in this section contained shall be held to prevent merchants and others from distributing among farmers and other persons attending public market hand-bills, dodgers, notices and advertisements, but no person distributing the same shall throw or place, or )o^ fall and leave the same upon the ground in the said market. 28. No person shall put, place, or throw any fog signals, ex- plosive bombs, or other explosive thing or matter, on or upon any street or other railway track in any public street or place, or on or upon any public street or place. 29. No person shall set fire to kindle or burn any brush, straw, chips, shavings or other matter, in any public street or place. 30. No person shall pile cordwood or firewood, or cast, or saw any timber, lumber or other wood, or deposit coal or char- coal in or upon any public sidewalk, boulevard, street or place in the City, or otherwise obstruct the same. Provided that fuel, wood and coal, and charcoal, may be deposited in the street opposite to the premises occupied by the person to whom the same is being delivered, but not on the sidewalk or boulevard, and all such wood, coal and charcoal shall be forthwith removed by such occupant to his premises. Provided always that fuel wood may remain a reasonable time for the purpose of being sawed, but shall be piled on the street close to the sidewalk. 31. No person shall obstruct any public sidewalk, boulevard, street or place by placing ladders or other obstructions across or in the same, except in cases of building, repairs, or fire. 32. No person shall put any stud horse, or bull, or boar, or other male domestic animal to cover a mare, cow, sow, or other female domestic animal in any public street, square, lane or place in the City. 33. No person shall sing ballads or songs, or do any other —171— thing or act, in any public street, square, sidewalk, !>nulevard or place in the City, in such a manner or wise as to attract a crowd and obstruct the thoroughfare. Provided that this section is subject to the provisions of the clauses of this By-law relating to licensed auctioneers. 34. No person shall play an organ or other musical instru- ment in any public street or place before the hour of nine o'clock in the forenoon, or after the hour of six o'clock in the afternoon, or so as to attract a crowd. Provided that thivS section shall not apply to bands of music attached to processions, or going to or returning from excursions, or playing in the parks, or in any public square, or to any military bands. 35. No person shall dig up or remove in or from any public street, park, square, lane, alley or place in the City any turf, sod, earth, stones, gravel or grass. 36. No person shall sprinkle, spread or place salt brine, pickle or other like substance, or salt mixed with water, or other liquid, or anything to melt snow or ice, on any public sidewalk or street, or place, with the intent and for the purpose of dis- solving any snow, ice or dirt, or otherwise. Provided that salt and ashes may be sprinkled on slippery places on the wooden sidewalks to prevent pedestrians from slipping. 37. No person shall pour or throw any water or other liquid upon any public street, place, boulevard, pavement or sidewalk, (except clean water for sprinkling and cool ig purposes in the summer tmie, between the month of May 'id the month of November following. ) 38. No person shall make or use any ice or snow slide in or upon any pu ic street, boulevard, or sidewalk in the City, or skate upon any boulevard or sidewalk. 39. No person shall coast or ride rapidly down any declivity in any public street, boulevard or sidewalk in the City, in or upon any costing or other like sleigh, or sled, or in or upon any toboggan, or in or upon any other vehicle or thing, or rapidly push any such down any such declivity. MA m ■^ li !i ft — 172 — , 40. No person shall cast or throw into any of the drain or sewer gates, or into any drain or sewer in the City any wood, stones, dirt, rubbish, earth, refuse, night soil, urine, or filth of any kind, or other substance or thing which may obstruct or in- jure the same, or be injurious to health, or offensiye to the public, or contrary to cleanliness. Provided that nothing in this section contained shall affect the ordinary and proper use of drains. 41. No person who is in charge of or driving any cattle, or other animal, in the public streets or place of the City, shall allow the said cattle or other animals to loiter or stop to graze or feed in such public streets or places. 42. No person shall stand his horse or team and vehicle across any public street or thoroughfare, excej)t when unloading, and shall then keep as close to the sidewalk as possible. 43. Teams, by which grain and produce or other articles are being delivered, shall not obstruct or block up the public street, but shall be ranged close to the sidewalk in single file, and shall be retired when unloaded. 44. The Act of the Legislature of Ontario, intituled "An \ct to Regulate the TraveUing on Public Highways and Bridges," (Revised Statutes of Ontario, 1887, Chapter one hundred and ninety-five) shall further regulate the driving and riding of horses and other cattle, and the conveyance of, traffic in the public streets and thoroughfares of the City. 45. No person shall perform or practice rope-walking or other gymnastic or athletic feats, or assist at the same, in any public street, square, or place in the City. 46. No person shall have, hold or exhibit, any show or exhibi- tion of any kind whatsoever, or have or hold any dramatic or musical performance or other entertainment in any public street square or place in the City, or erect or place for the same in any such public street, square or place, any booths, tents or other construction or erection of any kind whatsoever, and all such booths, tents, constructions or erections shall be forthwith re- moved by the offender, and, on his default in removing the same forthwith, the same may be removed by this Council, and such — '73— offender shall be liable to the penalty provided for a breach of this Hy-law. 47. Persons shall not stand in a group or near to each other in any public street or sidewalk in such a manner as to obstruct a free passage for toot passengers after a request to move on niade by any police officer, police constable or any officer of the City Council, and no person shall crowd or jostle other foot passengers on any public street or sidewalk or place so as to cause discomfort, disturbance, or confusion. 48. No person shall in any public street or |)lace in the City importune another to travel in or employ any vessel or vehicle, or go to any tavern or boarding house. 49. No person shall occupy or use any public street, square, lane, alley, sidewalk, boulevard or place in the City, or any part of such to erect or place any booth, platform, table, stand or structure therein for the purpose ol exposing for sale any fish, provisions, goods, or articles of any kind (except as authorized by the clauses of the By-law relating to the public markets) without the permission of the City Council first obtained, and any such booth, platform, table, stand or stiucture lor which no such permission has been obtained shall be forthwith removed by the person who has erected or placed the same, and on his default may be removed by this Council, and such person shall be liable to the penalty provided for a breach of this By-law. Provided that notwithstanding anything in this section contain- ed, the Mayor, or in his absence, the Chairman of the Committee on Streets, may from time to time grant leave to persons of good character, to keep fruit and candy stands in the public streets at such places as he shall determine, but so as not to obstruct or incommode the public traffic, and any such leave may be at any time withdrawn by this Council. 50. No person shall encumber any public street, square, alley, lane, or other public communication by erecting, constructing, placing or continuing any verandah, portico, terrace, door, door- step, porch, stairs, ladder, landing, railing, fence, wall, house, building or other erection, obstruction or encumbrance proiect- ing into or over, or being in any such public street, boulevard, ■174- lir^l Hi At 1* , ill* •'■ *lt square, alley, lane, or other public communication in the City, and any person so doing and the owner and occupant of any raal property having a verandah, portico, terrace, door, door- step, porch, stairs, ladder, landing, railing, fence, wall, house, building, or other erection or obstruction projecting into or over or being in any public street, square, alley, lane or other public communication in the City shall forthwith remove the same upon being notified so to do by any officer of the City Council, and upon his default this Council may remove the same at the expense of such owner or occupant under the provisions of the By-law and of the Municipal Act in that behalf, or such owner or occupant may be prosecuted as for a breach of this By-law, each week's default being considered a separate offence, or this Council may resort to any other remedy provided by law. 51. From and after the passing of this By-law no person shall erfect along any public street, place or thoroughfare, in the City of Kingston, any barbed wire fence or fence partly constructed of barbed wire, within one foot of any such street, place or thoroughfare, without the same time masking or covering with wooden slats or laths of sufficient thickness and breadth the wires on the side of the fence next the street, place or thorough- fare, the said slats or laths to be removed as often as may be necessary. 52. All barbed wire fences and fences partly constructed of barbed wire, heretofore erected in the City, within one foot from any street, place or thoroughfare, the wires of which have not been dealt with on the street, place or thoroughfare side, in the manner aforesaid, shall upon the passing of this By law be forthwith masked or covered with wooden slats or laths, of the description aforesaid, on the street, place and thoroughfare, side, by the owner or occupant of ihe property fenced, on pain of the penalties hereinafter provided for a breach of this By-law, of which such owner or occupant, on his or her refusal, or neglect to comply with the provisions of this Section shall be deemed guilty. 53. The foregoing provisions of this By-law shall apply to fences constructed whoJiv or in part of barbed v/ire, —175" 54' From and after the passing of this By-law no person shall erect along or across any boulevard in the City, any barbed wire fence, or barbed wire or wires, and all such fences or wires already erected shall be forthwith, on the passing of this By-law, removed by the owner or occupant of the premises to which such boulevard is attached or adjoining, upon being notihed to do so by any officer of the Corporation or police constable, and upon the refusal or neglect of such owner or occupant to remove the said fences and wires, the same may be removed by such officer or constable, and such owner or occupant shall be deemed for such refusal or neglect to be guilty of a breach of this By- law and shall be dealt with accordingly. Provided that nothing in thii. Section contained shall be held or construed as authoriz- ing or sanctioning the erection of any other kind of fence, or any wooden or other rails, along or across any boulevard in the City. 55. It shall not be lawful for any locomotive, or railway car, or truck, or railway train, to obstruct public traffic or endanger persons or property passing the same by exposing teams to the danger of being frightened by standing in or across any public street or thoroughfare, and no person shall blow any steam whistle on any locomotive in any public street or thoroughfare, and the person or persons in charge of such locomotive, railway car, truck or train, occupying a position or doing anything con- trary to the provisions of this section, may be made amenable under this By-law and prosecuted as for a breach thereof. 56. No person shall remove, or cause to bo removed, or assist in removing, any building into, along or across any street, boulevard or sidewalk in the City, without first having obtained the permission of the City Council, and complied with such conditions ?.s said Council imposed, and without having givtT a proper bond of indemnity to this Corporation with a suitatle condition and penalty. 57. No person shall drive any description of sleigh or other vehicle on runners in the public streets, or places, or thorough- fares i^ the City, without having two or more bells affixed to the horse or other animal drawing the same, of a size and sound to give sufficient notice oi the approach of the sleigh or other vehicle. ■namf nMMwrrMt R —176— 58. AD bicycles, tricycles and velocipedes used, driven of ridden in any public street or place of the City, shall be provided with a bell or bells, or a horn, and at night with a lighted lamp to warn pedestrians, and so prevent accidents, and no person shall use, drive or ride a bicycle, tricycle or velocipede upon any public sidewalk, boulevard, or pavement in the City. 59. No merchant, shop-keeper, tradesman, mechanic or other person shall sweep, or suffer to be swept any dirt, rubbish or sweepings out of any shop, store or dwelling, on or across any sidewalk or boulevard, or into any street, to allow the same to remain there. 60. No person shall break, or injure, or deface any of the boardwalks, sidewalks, crossings, flaggings, curbstones or grates in the public streets, squares, places or slips in the City or dis- place or remove the same, or any plank, sleeper, board, stone or other part thereof, without permission from the City Enginetjr or Surveyor, subject always to the action of this Council, and no person shall injure or damage any awning, post or other erection legally placed in any public street, square, place or slip, and no person shall take up, or remove, or shift, any side- walk for the purpose of forming a boulevard or other purpose, without the leave of this Council. 61. No person shall erect or continue erected any sign, awn- ing, horse or other post or horse-block, or plant any tree, or erect or continue erected any awning in any public street, square or place without permission from this Council, nor shall any person erect any awning-post, or post for fastening horses to, or horse block, except the same is made in conformity with the pattern to be furnished by the City Engineer or Surveyor, and all signs and awnings shall be elevated at least seven feet six inches above the surface of the sidewalk or pavement beneath them, measuring from the lowest fringe or edge of such awning or sign. And no person shall erect or continue erected, or use any awning of wood or other material except of cloth, with an iron frame in or over any public street, place or sidewalk in the City, and such awning shall not be supported by any posts or supports, resting in or upon the street, place or sidewalk, but fiViall h*» siinnortprl hv and frnm th#» wall rsf thp hr>iii5#» nr hiiilninor Iriven of provided ted lamp o person 2de upon ;ty. ; or other Libbish or :;ross any 5 same to ny of the or grates ty or dis- ird, stone Engineer incil, and or other place or any side- purpose, ign, awn- y tree, or ic street, nor shall ng horvSes Tiity with Surveyor, seven feet t beneath h awning id, or use I, with an alk in the r posts or walk, but r hnilninor ■ e -177— to which it belongs or is attached, and no such support shall be attached to such wall at a point lower than eight feet above the part of the sidewalk, above which the awning is placed, and any person who erects, or continues erected, or uses any awning constructed or placed, or supported contrary to to the foregoing provisions, or who refuses to remove or alter the same in ac- cordance with the said provisions when notified so to do by any officer of this Council or police constable, shall be deemed guilty ' of a breach of this By-law, and shall be prosecuted accordingly, and each forty-eight hours default in the premises shall be held to constitute a separate offence. 62. No person shall place or erect, or permit, or suffer to be placed or erected, or continue any sign post, window frames or sills, balcony, ornament or fixture of any kind whatsoever, which shall project more than one foot off and from any building or wall or section into a public street or place, or over any public sidewalk. 63. It shall be lawful, subject as hereinafter provided, for the City Council at any time after giving one week's notice, to order the removal by the offender of auy sign, sign post, or other post or trees, or of any window frame or sills, balconies, ornaments or fixtures, now or hereafter found projecting more than one foot as aforesaid, and of any swinging sign, now or hereafter found projecting more than two feet six inches off or from any building or wall or erection, into a public street or place, or over any public sidewalk, or which shall be less than seven feet six inches from its lowest edge above the street or sidewalk over which it is suspended. 64. Provided that it shall and may be lawful for any person desirous of erecting a swinging sign to do so on obtaining per- mission from this Council, without which such sign shall not be erected, but such sign shall not project more than two feet six inches into the street or over any sidewalk, and that the same shall be elevated not less than seven feet six inches above the surface of the sidewalk or pavement beneath it. 65. No person shall erect, hang out, or suspend or maintain, or continiie erected, hung out, or suspend in, over, or project' m It 'I 41 -178- ing into any public street, sidewalk or place in the City, any streamer, flag or banner, cloth or paper sign, or device, except on Her Majesty's Birthday, Dominion Day, or any other law- fully authorized holiday, except Sunday. 66. The owner or occupant of every house or building adjoin- ing any public street, square or place within the City, shall pro- vide the same with and maintain and keep thereon light eave- troughs, and water spouts, by which the water shall be conveyed from the roof of such house or building to the house or street drain,all such pipes as are now placed or erected shall be within one month after the passing of thii By-law in like manner con- ducted to the house or street drain, by and at the cost of the owners, or occupiers, or agents of the owners, of the houses or buildings to which such pipes belong or appertain. 67. No person shall use for the conveyance of articles of burden, goods, wares or merchandise exceeding one thousand pounds in weight within the City, any waggon or vehicle drawn by one or more horses or other animals, the wheels of which are three and a half feet in diame ^ or over, unless the tire and edge of the rim of such wheels are at least three inches in width, or any such waggon or other vehicle, the wheels whereof are less than three and a half feet in diameter, unless the tire and edge of the rim of such wheels are at least four inches in width. 68. Every person before fencing, or building, or reu ilding, on his property along any public street or place shall obtain the correct line of the street opposite to and bounding such property from a legally qualified Provincial land surveyor, and the said person shall file in the City Engineer's office sketch plans and data of the lines so given from time to time. 69. Any person employing the said surveyor under the pre- ceding section shall pay him for each property, the line opposite which he has given, the sum of two dollars, which he will be entitled to receive and take to his own use, and said fee shall be his whole and only remuneration for services to be rendered under the preceding section. 70. Wherever the name of any public street or highway within the City is changed by By-law, and whenever any public street or pre- highway is opened up, widened, diverted of extended, such By- law shall be forthwith registered in the Registry Office for deeds in and for the City. 71. All By-laws heretofore passed for changing the names of any public streets or highways within the City, or for opening up, widening, diverting or extending any public street or highway within the City, which have not been registered, sh'^U be forth- with registered in the said Registry Office. 72. The City Clerk shall prepare the duplicate originals of said By-laws and seal and certify the same, and also the certified copies of the said By-laws as may be required, to enable the same to be registered as aforesaid. 73. The City Council Committee on Streets shall from time to time as may be required, cause the name of every public street, avenue, or highway within the City to be affixed at the corners thereof (where the same has not already been done) in such number as to the said Committee shall seem meet. 74. It shall be the duty of the City Engineer to assist this Council in laying out and regulating the lines of all streets, wharves, slips and docks, and to survey all grounds requirec' for the opening, widening or straightening of any street, road, avenue, or public square, and all grounds in the vicinity which may be assessed for the benefits and advantages of any such improve- ments. 75. It shall also be his duty to take and report the levels of ali streets, lanes or avenues (when required) and to survey, take levels and make maps and profiles of all lots directed by this Council to be filled, reduced or levelled, and make accurate esti- mates of the filling, excavating and levelling or reducing, also to survey and measure all works done for this Council by contract or otherwise (when i-equired) and to make estimates, statements and reports to this ■ ouncil, and to make accurate and proper maps, profiles and diar^rams of all surveys and works done, when- ever the same may be required in relation to his duties and busi- ness by this Council, or any Committeet hereof, and to keep a regular minute book, showing the services rendered under the several provisions of this By-law, and under any order or resolu- It ;ii -i8o— tion of this Council, and to file all maps, surveys, levels and diagrams when completed in his office, after having numbered or otherwise properly designated the same, there to remain on record ; also to collect and keep in his office, such maps, surveys, instruments and documents as relate to the duties and office of City Engineer. 76. The City Engineer at all times shall exclusively devote his whole time to the work of this Coimcil or the duties of his office, and he shall not perform any work for private persons so long as the Council shall require his service. 77. In all cases where improvements are to be made in any of the streets within the City, either hy excavating, filling, pitching, levelling, forming, paving or flaggiiig, it shall be the duty of the City Engineer (previous to the commencement of the said im provement) to submit to the City Council a profile, showing the depth and height of excavat>r,' and filling (if any) in front of each and every lot which may be affected by said improvement, also cross section profiles, showing the width of carriage way, height of curb-stones above the gutter, arch of street, depth of sand or ashes, and width of sidewalk and the level, elevation or depression of opposite gutters, as the case may be, and it shall further be his duty tc accompany said profiles with a map exhibiting the number of feet and inches of front, and depth of each and every lot with the name or names of the owners thereof, if the same can be ascertained by him, which profiles and maps shall be re- ferred to this Council and afterwards filed in his office. 78. If any building hereafter to be erected shall project beyond the range of the street so laid down as aforesaid, the person erect- ing the same shall within three days after notice is given to him by the City Engineer or other City officer, remove the said build- ing to the range so laid down as atoresaid, and every twenty-four hours, that the said building shall W continued beyond such range after notice shall be deemed a separate offence against this By-law. 79. It shall be the duty of the said City Engineer to give notice to the parties offending, and to the Mayor or Chairman of the Committee of this Council on Streets, of any obstructions or — ifti— nuisance existing or accruing in the public streets, squares, places or slips of the City, contrary to the provisions of this or any other By-law or to law, in order to the immediate removal and abatement of the same, and to the punishment of the offender. 80. It shall not be lawful for any person to disturb, hinder, molest or illtreat the said City Engineer, or any City officer, or member of the police force, in the performance of any lawful order, or of his duty under this By-law. 81. This By-law shall come in force, and take effect on its passing. No. 488. A By-Law Respecting Common Sewers and the Annual Rent or Sewer Rate for the Use of the 5ame. Passed Monday, Dec. nth, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. The owners and occupiers of all properties abutting on any public streets or places in which comnioa sewers have been con- structed, who have heretofore paid the charges required by the City By-laws hitherto in force from time to time to be paid for the privilege of using such common sewers, shall and may con- tinue to use the same free of any further charge for the number of feet frontage for which they have so paid. 2. When any such property is situated on the corner at the intersection of a street, lane or alley, with another street, or lane, or alley, in each of which streets, lanes and alleys, there is a com- mon sewer, the frontage of the longest side or front of the pro- perty shall be the frontage on which the rental hereby imposed shall be computed, though drained into any one of the sewers, r i m It 'I' —182— and if drained into both of the sewers the frontage for said rent shall be the frontage of the shortest side of the property, and a part of the frontage of the longest side equal in length to the shortest side, and provided further that the frontage upon which the annual rental shall be based shall be the external length of the wall of the building or buildings drained, or if there are no building or buildings of the lot drained, and provided further that when the frontage of the said building or buildings is extended, or increased, or when any additional building or buildings is or are erected, and the original or another connecting drain is used to drain such extension or additional building or buildings into the common sewer, an annual rental, based on such increased front- age as provided in the provisions of this By-law, shall be imposed and collected under the provisions of this By-law. 3. The properties, grounds, yards, cellars and vacant lots, abutting on any public street in this City, through which a com- mon sewer has been constructed or may be hereafter constructed, and which are opposite to such common sewer, shall each be drained into such common sewer by the owner or occupier who shall pay the proper rate or rental in the case according to Schedule A of this By-law, and shall be, with their said pro- perties, subject to the provisions of this By-law as to rent and otherwise. Provided that this section shall not apply to such properties, grounds, yards, cellars and vacant lots, as may have been already otherwise efficiently drained in the opinion of the City Engineer, and provided further that on default of compliance within a reasonable time, after the passing of this By-law, with this section by any such owner or occupier, this Council may proceed to make the necessary connecting drains and assess such owner or occupier with the cost thereof, and collect the said cost in the manner provided for the collection of the cost of the work in the By-law, and in the provisions of the Municipal Act in that behalf, and the properties so drained, and the owners and occupiers thereof, shall also be subject and liable to the annual rent in this By-law provided in the case, and provided further that instead of making such connecting drains this Council may proceed against the person in default as for a breach of this By- law, every fortnight's default being considered a separate and distinct offence. ^i83- 4. It shall and may be lawful for this Council to construct common sewers and drains in such parts of the said City as they may deem necessary for sanitary purposes, and for the use of such sewers or drains when constructed an annual rental may be charged and imposed under the terms and provisions of this By-law. 5. No person shall excavate for, make, or construct any sewer or drain, in or through any public street or place wherein a com- mon sewer shall have been constructed, unless to enter the said common sewer for the purpose of draining property abutting on said street, subject to the provisions of this By-law, except by leave of this Council, and on such reasonable terms and conditions as this Council may determine. 6. No person shall excavate for, make, or construct or open up any sewer or drain in any public street or place, or enter or let or connect any such sewer or drain into or with any common sewer without first obtaining leave from this Council, and enter- ing with sureties into a bond as provided by the By-law relating to streets, and fiUng in the office of the City Engineer a plan and section of the said sewer or drain, and of its connection with the common sewer, together with its level and the level of the cellar, place, lot or ground drained, and the level of the common sewer at the place where it is entered, and the Mayor, or any Alderman, or any City Officer, may cause any work or thing being done con- trary to the provisions of this section to be immediately stopped, and the person who is doing the same, or who has done the same, to be prosecuted as for a breach of this By-law. This Section to be also subject to the orovisions hereinafter contained relating to branch drains. 7. This Council may order any excavation, sewer, or drain, done, made or opened up contrary to the provisions of the last preceding section of this By-law, to be filled in and stopped up by the offender, and upon his default this Council may fill in and stop up the same at the offender's expense, to be recovered from him under the provisions of the By-law and of the Municipal Act in that behalf. 8. All private sewers or drains to be constructed to conmuni- I 1 1' Hi i! ii I 3; (; ! 1 1 i' I 1 & .. ■Mfll ^ f t",! ii —184— cate with the said common sewers shall be constrmted and so ■communicate in such manner, and at such parts thereof as the Streets Committee of this Council, or the City Engineer, shall direct and appoint, and the owners or occupants of property en- tering or connecting such sewers or drains into or with any com- mon sewers to drain such property, shall with their properties respectively be liable to the proper annual rent imposed in the case by this By-law, as set forth in the said Schedule A. This Section to be also subject to the provisions hereinafter contained relating to branch drains. 9. Sewers or drains in streets in which there is no common sewer may be let into common sewers, and any such sewer, so to be let into common sewers, shall not be used to dr.. n premises having a front on a street in which there is a common sewer, and such first mentioned sewers or drains shall be so let into common sewers in such manner and form as this Council or the Committee on Streets shall direct and appoint, and the owners and occupiers, as the case may be, of the properties drained into such first mentioned sewers or drains, and through them such common sewers shall be charged with, and shall pay an annual rental of five cents or three cents per foot frontage (as the case may be according to the size of the common sewer) of their re- spective properties so drained, as provided in Clause c of said Schedule A, subject as aforesaid. 10. No person shall commit damage or injury to any common sewer, or to any private sewer or drain, communicating therewith. 11. The owner or occupier of any property so drained, or to be drained into, any common sewer, may commute for the payment of the annual rent hereiiibefore mentioned, and set forth in the said Schedule A, and chargeable in the case, by payment of a sum equal to ten times the amount of the annual rent commuted, together with all arrears of said rent. 12. It shall be the duty of the City Engineer, on the first day of January in each year, to furnish to the City Treasurer a state- ment in writing of all common sewers or drains which have been constructed by this Corporation during the preceding year, show- ing the names of the streets or places in which s^ch sewers have - 1 85- been constructed, the extent and cost of such sewers, the size of the intp-^nal 9#*ction of such sewers at intervals of a block, the name of the owners or occupiers as the case may be of the pro- periH's fronting on such streets, on each side, indicating any change of ownership or occupation since the sewers were respec- tively made, and the frontafi^e of e;ich of such properties and such further information as ni, ■ requiicd by this Council. 13. The said City Engineer shall, at the same time, furnish similar statement in writing to the said City Treasurer of the names of the ow.ers or occupants of any property draining the same into any common sewer, with the frontages of their respec- tive properties, and the size of the internal section of the sewer so drained into, where entered, and the date of its being entered by such persons respectively 14. Sometihie in the month of January next, after the passing of this By-law, and in the month of January m each and every year thereafter, it shall be the duty of the City Treasurer to make out separate rolls of the annual rentals due for the use of the common sewers in each ward of the said City, by the owners or the occupiers of property therein, in the form contained in Schedule B to this By-law, and to cause such rolls to be delivered to the City Collector. 15. It shall be the duty of the said Collector to demand pay- ment from each and every person whose name shall appear on the said rolls, of the sum or sums payable by him, her or them, according to the said rolls, by leaving at his, her or their place of abode or business, as the case may be, a bill of the same in the form set forth in said Schedule B, and calling at least once thereafter for the same. 16. In case any of the parties so liable as aforesaid shall refuse or neglect, for fourteen days after demand made, as in the last preceding section is provided, to pay such annual rental, the said Collector shall forthwith collect the amount in default in the same manner as ordinary taxes upon real estate are collected, under the provisions of the Assessment Act. 17. When a main sewer is made in a public street or place by *'• '"J*', s>^yA IMAGE EVALUATION TEST TARGET (MT-3) // SS %r ^ V^p V>% •^<^%> w^- 1.0 1.1 I- IIM 22 zg 1.8 1 1.25 jU. |||.6 -< 6" ► Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14560 (716) 872-4503 j Vj ^ 2#^ ^ k\ Cv '^ i i. If"" .«! — 186— or at thie cost of private persons, or under Section 6i 2, Sub-Section 4 of the Municipal Act, a sole and final charge of twenty-five cents per foot of the frontage of each of the properties of the per- sons making it or drained into or by the same, shall be made and payable before breaking ground, as a charge for breaking up and disturbing the street, and shall be chargeable to the owners or occupiers of such properties, and such sewer shall be a pubHc common sewer, if adopted by this Council, and shall be entered and used by leave of this Council thereafter, and a charge shall be made each time thereafter the said sewer is entered by a private drain of the same amount and kind to the owner or occupier of the property drained by such private drain, and such property, if such owner or occupier had contributed to the ex- pense of such main sewer otherwise an annual rental as provided in said Schedule A, Clauses a or 6 as the case mav be, may be charged to such owner or occupier and the property so drained. Provided if such a sewer is drained into a common sewer an annual rental shall be charged as in Clause c of said Schedule A, to the persons and their properties who contribute to the ex- pense of such main sewer. 18. When any sewer is made as in the preceding Section mentioned falls into disrepair, and is repared by this Corporation, the persons who made it neglecting upon reasonable notice to repair it, it shall forthwith become and be a public common sewer and the owners and occupiers of properties drained, or which may be drained into it, shall, with the said properties, be subject to an annual rent as provided in Clause c of said Schedule A, payable and collectable as aforesaid. 19. This Council may adopt any sewer in a public street or place made by or at the cost of private persons as a public com- mon sewei, or part of one, and thereafter all persons, owners or occupants of properties drained, or which may be drained into or by the said sewer, (except the persons at whose cost it was made and their said properties), and their said properties shall be subject to an annual rent as herein provided in Schedule A, Clauses a or 6 as the case may be, payable and collectable as aforesaid. 20. This Council may assist private perso,?s to make a cqm- mon sewer, and in such a case such sewer shall b6 a public comn,on sewer, and the owners and occupiers of properties drained into or by such sewer, with such properties shall, if con- tributors to the cost of such sewer respectively, be subject to an annual rent as provided in Clause c of said Schedule A, payable and collectable as aforesaid, oth3rwise they shall be respectively subject to an annual rent as provided in Clauses a or 6 as the case may be of said Schedule A. payable and collectable as afore- said. 21. It shall not be lawful to drain one tenement or property into another, and thence to the common sewer, but each shall be drained directly into the common sewer opposite, independently and any person permitting a property to be drained through his property or private drain into the common sewer shall be liable as for a breach of this By-law, and shall b^dealt with accordingly, and shall also be liable with his property for the proper annual rent as herein provided, and if such 'first mentioned property had been directly drained into the common sewer. Provided that this Council may permit the non-observance of this section when . necessary or advisable, the proper payment of the annual rent being secured and paid without default. 22. When the owners or occupiers of adjoining properties drain them through a common drain, or through the other pro- Tk? Tl ^ '°"'"'°" '^'^^'' '^^^ °^"^^« o^ occupiers shall be liable to he same extent as if each property was drained indepen- dently into such sewer by a separate drain. 23. Upon any person commuting for the annual rent a certifi- cate under the hands of the Mayor and City Treasurer shall be given such person, stating the amount of the commutation money, the name of the person, and the property as to ^hich-such-^com- mutation has been made, and the Treasurer shall keeV a r'ecord of all such commutations, with full particulars thereof. 24. This Council may, in its discretion, and for what it mav deem a sufficient reason, relieve any person from draining into a common sewer upon such person petitioning this Council to be so relieved, and entering into an undertaking to pay the proper annual rent as herein provided, but this section shall not apply where drainage is required on sanitary grounds. r m ! If i !1 1' «' it IH'' Hi — 188— 25. Whereas by Section 343 of the Municipal Act all sewer rents and charges for work and services done by the Corporation in default of the owners of real estate, under the provisions of any valid By-law, shall form a lien and charge upon the real estate upon or in respect of which the same shall be charged, and shall be collected in the same manner and with the like remedies as ordinary taxes upon real estate are collectable under the provisions of the Assessment Act, and it shall be the duty of the City Treasurer, on the first day of January in each year, to prepare a roll of the arrears of such rent and charges, with full particulars concerning the same, and the usual description of the properties in respect of which such arrears are due, and to keep the said rolls on file in his office for the inspection of all persons whom It may concern, and such lien and charge shall be enforced and satisfied in the manner provided in said Section 343 of the said Act. BRANCH DRAINS. 26. All branch drains hereafter constructed from houses and . lots, m this City, for the purpose of draining the same into th- common sewer in the street, shall be constructed by men ap- proved of by the City Engineer, and the work of constrpcting said branch drains, and the material used in the construction of the same, shall be subject to the approval of the City Engineer before being used ; and no such material shall be used without such approval, or which has been condemned by the CUy En- gineer ; and the City Engineer, the Inspector of Plumbing, or other person appointed by the City Engineer, shall have the right to examine all such branch drains, and to see that the pro- per and approved description of tile are used, and that suitable traps are put in, and that the joints are all properly made, and a proper grade maintained. And no drain shall be filled in until the same is inspected and approved by the City Engineer or Inspector of Plumbing, or some person deputed by the City Engineer to examine the same. 27. Before excavating in any street the person intending to excavate, when taking out the bond required in that behalf must deposit the sum of $10.00 with the City Treasurer as a guarantee that he will restore the street surface to as good a state of repair as before the excavation was made, and in the iii event of this being done the excavation may be proceeded with and If a certificate is given by the City Engineer on its comple- tion, to the effect that the surface is so restored to his satisfac tion. the amount deposited will be returned ; bui if the surface IS not so restored, and if the person making the excavation ne- glects to make the necessary repairs forthwith, after due notifi- cation then the City will be at liberty to use the amount de- posited, or as much of it as may be necessary, to make the ne- cessary repairs for the proper restoration of the surface. 28. That hereafter, when any branch drain is laid in any street the person for whom the drain is made shall have a sketch plan made to scale, showing the position of said branch drain, together with any traps or fixtures on it, and shall file the same in the othce of the City Engineer. 29. That in future no entrance into a tile sewer will be allow- ed except at a junction, and no person will be allowed to cut into any main ti',^ for the purpose of entering a sewer, except on per- mission of the City Engineer, and under his supervision. 30. That in case any person is desirous of excavating und^r a granohthic, asphalt or other permanent sidewalk, a deposit of $25 00 in case of a granolithic, and $20.00 in case of an asphalt walk, must be made in addition to the $10.00 for excavating in the street, and these deposits may be used by the City to replace said walks if they are disturbed by the said excavation, but if not so needed or so much thereof as may not be needed shall be re- turned to the persons making the same; all work to be done under the supervision of the City Engineer. 31. This By-law shall come in force and take effect on its passing. SCHEDULE A. (u) The annual rent per foot for every foot of frontage of a property drained into a common sewer where the sewer has been made at the public expense, and is 2 feet by i|^ feet or over at its largest interior sectional area, shall be the sum of ten cents pet foot. , (b) If the sewer is made under 2 feet by i^ feet at its largest interior sectional area, the said annual rent per foot frontage as aforesaid shall be the sum of six cents per foot. {c) Where the sewer has been repaired or enlarged at the pub- lic expense, or has be^n made partly at the public expense and partly by private persons, the said annual rent per foot frontage as aforesaid, shall be half the above rates per foot according to the size of the sewer. (d) Where the sewer entered has been made by private per- sons, a sole and final cljiarge of 25 cents per foot of the frontage of the properties drained by it shall I e made and be payable be- fore breaking ground, as a charge for breaking ground and disturb- ing the street, but if the sewer is adopted as a common sewer by the City Council, the charge shall be made under Clauses a or b as the case may be, to all except those who had contributed to the cost of the sewer. (e) When a sewer is made by or at the expense of private per- sons a charge of 25 cents per foot of the frontage of properties to be drained into it, or by it, for breaking ground and disturbing the street, shall in each case be made and be payable before break- ing ground. (f) Provided that where a drain already made, and in connec- tion with which the annual rent has been regularly paid, or in connection with which the regular charge for frontage was paid at the time of its making, is opened up for the purpose of cleans- ing, removing an obstruction, or deepening the same, the front- age or charge for breaking ground and disturbing the street shall be calculated on the length of the excavation in the street and not on the frontage of the building or property drained. -igl — 0) M < luaj lenuue Joj uofiB)niumo3 •aiqCiCed juaj (gnu -us jo tunouie fejox r: hi P •juaj (enuue )0 )OOJ J3d 9)BH '1981 ui aSeiuoj j 'sssjppy W M O O u H s o u O O s a M Id V □ V s •a a (« S «> •o >» 0) 00 o o d 'asnoH "ON '0{i{ 9AIS83j30Jc{ a o /I a :— 192- »'i ' 4rf B .J *)M g^ 1^ ■ S( 1^ j3 4!vfi J^' u ** ^t **^ a 2 '*-» a . 'C u <^ S S qQ j< |o / S t ■< D *n H ^3 ' (3 «■ 0) a| t 1 ij en 3 0) (D 1§ og. Z »>4 V u s 5 i ^ ° i> ® B t: .2 S. *J S. 2 •^ 'C o- s d iJ z -« V 3 d 0!7 5.Z A Ogre sive No. & B a > 2 a E e (« E V JO t) 00 a o tao s — 193- I 8 a a V E >> g. •T3 C E u 00 Q o c No. 489. A By-Law Respecting the Impounding of Cattle and other Animals, and Pounds and Pound-keepers. Passed Monday, Dec. nth, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. A public common pound is hereby formeu, erected, and established, on the following described .ite, in and for the City of Kmgston, the property of Mrs. Mary Mills, that is to say • Commencing on the north side of Earl Street, at its intersection with the division line between the old House of Industry pro- perty, now owned by one Robert Keyes, and the property of the said Mary Mills, thence north along said division line one hun- dred and four feet, thence paralled with Earl Street thirty-six feet, thence south paralled with said division line one hundred and four feet to Earl Street, thence west along Earl Street thirty-six feet to the place of beginning ; and said pound shall be a public common pound for the said City, for the safe keeping of such animals as it may be the duty of the pound keeper in charge of the said pound, to impound therein, or that may be im- pounded therein by law under the laws and By-laws relating to pounds. 2. The pound now formed, erected and established on the fol- lowing described site, that is to say : Commencing at the north- west gate post of the rear entrance into the new House of Indus- try grounds, thence northerly along a board fence forty-five feet, thence easterly along a board fence forty-six feet, thence southerly forty-eight feet to the north east angle of a small build- ing used as a latrine in connection with the said House of In- dustry, then along the north side of said small building and in Its course produced thirty-six feet to the place of beginning, with a right of way from Patrick Street by the present road leading through said gate, shall continue to be a public common pound for the safe keeping of such animals as it may be the duty of the pound keeper in charge of said pound, to impound fK •♦tl m t i-i. \> —194— therein, or that may be impounded therein, by law under the laws and By-laws relating to pounds. 3. John Patterson is hereby appointed pound keeper of the said first mentioned pound, with all the duties, rights, privileges, and emoluments appertaining or attached to said office. 4. Anthony English is hereby appointed pound keeper ot the said secondly mentioned pound, with all the duties, rights, privileges and emoluments appertaining or attached to said office. 5. From and after the passing of this By-law it shall be un- lawful for any cows, oxen, or other caltle, horses, mules, asses, swine, goats, sheep, geese, or other poultry, to run at large in any part of the City of Kingston, and no person shall allow any of the said animals belonging to him or of which he has the charge or possession to run at large in any part of the said City, and the owners or persons having charge or possession of these animals, who allow the same to tun at large in any part of the City, shall be deemed to be guilty of a breach of this By-law, and shall be liable to the penalties therefor provided. 6. It shall be lawful for and the duty of the High Bailiff, or any Police Constable or any Officer, of the said City, to take, drive and impound any cows, oxen, or other cattle, horses, mules, asses, swine, goals, sheep, geese, or other poultry, found running at large in the City contrary to this By-law, in any common pound of the City, and to pursue, follow and take such cows, oxen, or other cattle, horses, mules, asses, swine, sheep, geese, or other poultry, into any lot, yard or building into which the same may run or enter, and the same shall remain impounded until payment is made of the fine and costs imposed upon their respective owners, or persons having the charge, or posssessors thereof, and of the lawful fees and charges of the pound keeper dr until a deposit of five dollars has been made with the pound keeper against such fine, cost, fees and charges ; and no person shall assault, oppose, impede, hinder, insult or obstruct any such officer in the execution of his duties aforesaid, and no person shall rescue or retake or attempt to rescue or retake from the person in whose custody the same shall be any animal taken, distrained, or impounded under the provisions of this By-law. —195— • 7. Nothing herein contained shall prevent the impounding of any cows, oxen, or other cattle, horses, mules, asses, swine, goats, sheep, geese, or other poultry, found trespassing upon any private property or in the public parks, under and subject to the Statute in that behalf. 8. If no person shall appear to claim any animal impounded within three days after the impounding thereof, and to pay such fine and costs as may have been imposed (if any) in the case, and all lawful poundage fees and charges for the taking or im- pounding and keeping of the same, and all lawful costs and dam- ages that may be established against the owner of the said ani- mal, or give satisfactory security to the pound keeper therefor, and for the lawful charges of the fence-viewers (if any) then and in such case it shall and may be lawful, after he shall have given public notice of the sale, such notice to be printed or written or partly printed and partly written, and to be affixed and con- tinued for three clear successive days in at least three public places in the City, of which the City Hall shall be one, and ad- vertise said notice in a city newspaper once, such notice to specify the time and place when such impounded animal shall be sold, if it is not sooner replevied or redeemed ; for the pound keeper to sell the said animil at public auction, and after deducting from the proceeds of the sale such fine and costs (if any) and lawful poundage fees and charges for the taking and impound- ing of the said animal and keeping the same and all lawful costs and damages that may be established against the owner of the said animals (such damges not to exceed $20), and also all the lawful charges of fence-viewers (if any) and the lawful expenses of the sale and attending the same, besides the cost of adver- tising, the surplus, if any, shall be paid over to the owner of tlie said animal if he claims it within three months after the sale, and if he fails to claim such surplus within the said time, the same shall be paid to the City Treasurer for the use of the Municipality. Provided that no pig or poultry shall be sold till after four clear days, nor any horse, mule, ass, or other cattle till after eight clear days, from the time of impounding the same. 9. The owners and possessors, or persons in charge of cows, oxen, or other cattle, horses, mules, asses, goats, sheep, swine. — 196— . f - I -ii lil-l' 9i^ geese, or other poultry, allowing the same to be or to riin at large in any part of the said City shall be deemed to be guilty of a breach of this By-law, and shall upon conviction, forfeit and pay the following penalties with costs, respectively, besides and in addition to the lawful fees and charges of the pound keeper,, and besides any damage caused by the said animals to property, and all lawful costs and all lawful charges of fence-viewers (if any) and expense of the animal's keeping, and of the sale (if any),, and oi attending the same, that is to say : For each horse, mule, ass, bull, ox, cow, heifer, steer, goat, sheep, or pig, the penalty ta be imposed shall be not less than one dollar nor more than ten dollars ip the discretion of the convicting Justice ; for each calf,, fifty cents , for each goose or turkey, ten cents ; for each head of other poultry, ten cents ; which penalties shall be recoverable with costs as provided by law ; and any person laying and prosecut- ing the information which leads to the conv.:tipn for a breach of any of the said provisions of this By-law shall be entitled to- receive and shall be paid one moiety of the fine recovered, and his full costs, or such moiety and costs, may be paid to such other person as to the convicting Juitice seems proper, the other moiety of the fine to go to the City. 10. It shall be the duty of the pound-keepers and their assist- ants to impound any of the animals aforementioned, found run- ning at large in the said City, and the fees to the pound keeper for so impounding the same shall be as follows, that is to say :: For each horse, mule, ass, bull, ox, cow, heifer, steer and pig,, one dollar ; for each goat or sheep, fifty cents ; for each calf, or lamb, twenty-five cents ; for each head of geese, or other poultry,, ten cents ; and a like sum for each day after the first that any of the said animals shall remain in the pound, besides the amount of any damages which may have been committed, and the costs-: of the keeping of such animals while in the pound, and the other lawful costs, charges, and expenses, mentioned in Section 8 of this By-law. 11. The pound-keeper shall be entitled to demand and recei\ e from the owners or possessors of animals impounded the follow- ing charges for the daily food of the same, namely : For horses, mules, asses, cattle and swine, the sum of twenty cents each per —197— day ; for geese and other poultry, the sum of two cents per day ; for sheep, goats, calves and lambs, the snm of ten cents per day ; and the food furnished shall he in sufficient (quantity and whole- some, and the animals shall be regularly furnished with as much good water to drink as they require. 12. The provisions of the Act entitled "An Act Respecting Pounds," Revised Statutes of Ontario, (1887), Chapter 215, shall be in force in the City of Kingston, except where the same are varied by the provisions contained in this By-law, and shall ap- ply and govern in all cases not provided for by this Hy-law, and alsp in all cases where damage has been done to private pro perty, the damage shall be ascertained under the provisions of the said Act respecting pounds, but the fines and penalties, and fees and charges of pound-keepers, shall be as in this By-law is provided. 13. Nothing contained in this by-law shall be held to prevent the driving of horses, mules, asses, cows, oxen, cattL, goats, sheep, swine, geese, or poultry, through the public streets, pro- vided the same be in sufficient and competent charge, and are not allowed to stop or loiter by the way ; but no person shall drive or lead through any public street or place any stallion, bull, boar, ram or he goat, unless such animal is thoroughly secured from getting loose by strong bridles, halters, reins, ropes, or other sufficient means, held by the driver or person in charge. 14. This By-law shall come in force and take effect on its passing. ■198— H :: if* ! ' I. I'll! t ,1' No. 490. A By-L&w Rejipectfng the Harbour. Passed Monday, Dec. 15th, 1893. Be it enacted by the Council of the Corporation of the City ot Kingston, as follows :— I. It shall be the duty of the Harbour Master, or his assi tant, and he is hereby authorized and empowered to direct that ail vessels, craft or floats, arriving in the harbour of the City of Kingston, be placed in their turn in such manner, in regard to anchoring, mooiing, loading, unloading, change of place or station, moving or shifting, use of harbour, or extent of accom- modation, as he shall think fit, with a view to their speedy load- ing, unloading or accomplishment of such other purposes as may have caused them to enter the harbour, as also to the general convenience and safety of all vessels, craft or, floats coming into, remaining in, or going out of the harbour. Provided always tha' .n the selection of berths or moorings a vessel with cargo shall h«ve precedence of a vessel light or in ballast, and that nothing herein contained shall interfere with the private right of the proprietor, or lessee of a wharf, to moor his vessel, craft or float thereat, in such a manner as not to obstruct the pubhc use or navigation of the harbour or the slips. 2. Vessels laden with wood, sand, stone, lime and produce, to be sold or transhipped at the City, shall in all cases have the preference ever other vessels at the slips neyr the water's edge in arriving at and remaining in said slips, but no vessel of any description shall, during the winter, occ, py any of the slips with which there is communication with any of the streets practicable for a team and sleigh, and no vessel, craft or float shall be 'noored or anchored within the harbour, or in any slip or dock, so as to prevent or obstruct the passage of anv other vessel,' craft or float. 3- Whenevv^r there shall be in the harbour any vessel, craft or float insecurely fastened, adrift, sunken, or laid up, not in use, which may require tQ be fastened, raised^ removed, or it« locatign — 199— ' changed, it shall be tiie duty of the Harbour Master, or his assistant, to notify the owner, master c- other person who may be in charge thereof, to secure, raise or remove such vessel, craft or float, without delay ; but if the Harbour Master or his assistant shall be unable to find the master, owner, or person in charge of such vessel, craft or float as aforesaid, or if no person answering such description can be found by him or them, such notice shall not be required, and any person who shall refuse or neglect to comply with such order or direction shall be guilty of a breach of this By-law for every day he or they shall refuse or neglect to observe the same, and shall be liable to punishment accordingly. 4. If any vessel, craft or float shall not be secured, raised, removed, or its location changed, in compliance with the direc- tion of the Harbour Master, or his assistant, after notice, or if the Harbour Master, or his assistant, shall be unable to serve such notice as aforesaid, in either case it shall be his and their duty to, cause such vessel, craft or float to be secured, raised, removed or '.ts location changed as aforesaid, employing such assistance as may be necessary for the purpose. All expenses which may be incurred in any case shall be recoverable of the owner, master, or other person having charge of such vessel, craft or float, and the same expenses shall be summarily re- covered under the provisions of the By-law in that behalf, in • accordance with the Municipal Act ; and if any person shall re- sist the Harbour Master, his assistants, or any person acting under him or them in the execution of such duty, or of any duty imposed upon him or them by this By-law, such person so re- sisting shall be guilty of a breach of this By-law and punishable accordingly. 5. No vessel, craft, or float shall be anchored or moored across the entrance to any dock or slip, nor shall any vessel, craft, or float be anchored or moored nearer than three hundred yards from any of the wharves opposite or nearest thereto, except when loading or unloading, or laid up at the owner's or consignee's wharf, 6. No master or person in charge of any vessel, craft or float shall be guilty of any unreasonable, unnecessary or vexatious — 200 — »•". :ii : 'i» U !; m. „JE.di_ delay in loading, unloading, or moving the same, or in obeying the lawful orders of the Harbour Master, or his assistants, with respect thereto. 7. No person discharging the cargo of any vessel, craft or float, shall suffer any part of such cargo to remain projecting over the front of any wharf after such vessel, craft or float shall remove from the wharf. 8. It shall be l?-wful, when the circumstances in the opinion of the Harbour Master, or his assistant, render it necessary, for steamboats and other vessels to load and unload over the decks of each other respectively, and no person in charge of any such boat or vessel, shall, when thereunto required by the Harbour Master or his assistant, refuse to permit a person in charge of any other boat or vessel so to load or unload. Provided always that when necessary, in the opinion of the said Harbour Master or his assistant, the wharf and such boats or vessels shall be con- nected together with proper gangways, securely placed, and all necessary precautions shall be taken to prevent injury to the vessels so to be passed over. ' 9. All vessels using steam-power shall, while entering and on leaving the harbour, be moved slowly, at a speed not exceeding five miles pei hour ; and all sail vessels shall likewise be moved .slowly, and under short sail, so as not in any case to endanger or injure other vessels or boats. 10. No master or other person, owning or having charge of any vessel, craft or float, shall leave the same in the harbour, without first providing some proper competent provision for managing and securing and looking after the same, except when the ice has become permanent in the harbour. 11. No master or person in charge of any vessel, craft or float, nor any other person whomsoever, shall fasten any hawser or other rope or chain across any part of the harbour, or in any slip, so as to obstruct the passage, e:;cept for express purpose oi haul- ing in or out immediately, or for the purpose of hauling off a vessel, craft or float, aground, or for other necessary temporary purpose, and in such case, such master or person shall slack the hawser, rope or chain, in order to give free passage to any other vessel, craft or float that may require to pass. ti. No master or person in charge of" ariy vessel, craft or float, to which any other vessel, craft or float, may be made fast by any rope, hawser or chain shall cast off, or cause to be cast off, any such rope, hawser or chain without giving notice to the master or person in charge of any such vessel, craft or float so made fast. 13. All vessels, crafts or floats, whether using steam or other- wise, while in the harbour, shall have and keep their anchors (not in use) on board, and over the rail ; and all vessels, crafts and floats, while in the harbour, shall be securely fastened and shall not be permitted to drift or be adrift. 14. The master or person in charge of any vessel lying along- side the wharves, or adjoining any other vessel, shall cause her hatchways to be securely and completely covered with hatches, or gratings, or otherwise protected, immediately after the work of loading or unloading, as the case may be, shall have been finished for the time, and shall cause the same to remain so covered until the time when the work again begins. 15. Every steamboat, propeller, or other vessel, used in con- veying passengers, resorting to the harbour, shall be provided with a good and sufficient gangway for the use of persons going and coming from aboard such vessel, and on dark nights a light shall be placed on the said vessel near the gangway, so that the passage from the said vessel to the wharf shall be clearly lighted. 16. All floats in the harbour, and vessels or craft moored to any wharf in any part of the harbour, shall, during the night, show a light at the bowsprit, and one at the stern, or one at each end. 17. No fires shall be used in any vessel, craft or float, an- chored or moored in the harbour, or at any of the wharves, ex- cept in proper cabooses, or stoves or hearths, of brick, or iron, or other hard metal properly secured. 18. No light shall be allowed on any vessel (except signal lights and lights on steamboats) after ten o'clock at night, but lights may be used after this hour in the cabin of any vessel, ''fT" ■ I'l I". IlK li • ;ii i "=— 202— - where a fjerson must be during the time such lights are used, in attendance, or where the light is so secured as to prevent the danger of accidental fire. 19. A light may be used at any time on vessels actually load- ing and unloading, and on any steamboat having a watch on board, the necessary fires for getting up steam may be made v/hen required. 20. The owner, master or person in charge of an> steam - vessel visiting the said harbour, which has a chimney from the boiler fires, through which sparks of fire or hot coals or cinders may escape, shall be compelled to have a bonnet or screen made of wire, sheet iron, or other suitable metal, in such a way as to prevent the sparks, coals or cinders from escaping. 21. No tar, pitch, turpentine, rosin, oil or grease, shall be boiled or heated near the harbour, except at such safe place as the Harbour Master, or his assistant, may point out, unless a proper person remain constantly in charge of the pot or kettle, which shall be provided with a sufficient cover or other effectual means of immediately extinguishing any fire which might occur durmg such boiling, or heating, or otherwise. Provided that this section shall not apply to any shipyard or enclosed private pro- perty. 22. No master or person in charge of any vessel shall throw, or permit, any ballast, rubbish, ashes, coals, cinders or refuse matter to be thrown from his vessel, craft, or floats, or boats mto the harbour, or slips, nor shall any person or persons throw dirt, filth, rubbish, obstructions, logs, or matter of any kind into the harbour, or slips, which would tend to choke, or obstruct, or fill up, or impair the use, or injure the navigation of the harbour or slips, or foul said harbour or slips. 23. No person shall place any earth, obstructions, logs or other matter on the ice of the harbour, or slips, or in the harbour or slips, or on the shores of the harbour or slips, or upon any of the public wharves, piers or embankments. 24. No person shall obstruct, or incumber, or allow to be ob- structed or incumbered, the harbour of this city, or any bay, slip or water thereof, or the shores thereof, with any sunken, ffround- — 203 — ed vessel, barge, craft, crib, rafi. Jog or other obstruction, or iri- cumbrance owned or chartered by him, or in his charge, or which ought to be removed by him. 25. The owner, charter, or person in charge of any such sunken, grounded or wrecked vessel, barge, craft, crib, raft, log or other obstruction or incumbrance, iow or hereafter, in the said harbour, or in any bay, slip or water thereof, or on the shores thereof, obstructing or incymbering the same, or any other person who ought to remove any such sunken, grounded or wrecked vessel, barge, craft, crib, raft, log or other obstruc- tion or incumbrance, now or hereafter, in the said harbour, or in any bay, slip or water thereof, or on the shores thereof, ob- structing or incumbering the same as aforesaid, shall forthwith, upon receiving a notice to that effect in writing from the Har-' hour Master, or City Commissioner, remove, or cause to be re- moved, from the said harboui, or from the bay, slip or water thereof, or from the shore thereof, as the case may be, any such sunken, grounded or wrecked vessel, barge, craft, crib, raft, log or other obstruction or incumbrance, obstructing and incumber- ing the same as aforesaid ; and any such person neglecting or refusing to obey or comply with such notice, shall be deemed to have committed a breach of this By-law, and shall be dealt with accordingly, every week's default to be considered a se- parate offence ; or upon any such default this Council may cause the work to be done at the expense of the person who should have done the same, and collect or recover the cost thereof from the said person, in the manner provided by the By-law in that behalf, and in accordance with the provision of the Municipal Act in that behalf. 26. No person shall unload any vessel, craft or float, at or on any of the public wharves, landings, docks or slips which now are, or hereafter may be, in this city, or otherwise place or de- posit at or on any such wharves, landing docks or slips, any stone, timber, lumber, firewood or other materials, without per- r. 'ssion of the Harbour Master, or his assistant, or some other auchorized officer of the city. Provided that nothing in this section contained shall affect the rights of private owners or lessees of wharf property. 11 T<» 1' m i^ i i'hii Hi.. :i h 4 9* ■'( 1^ ' < ': i;;^ t : "IH 1 ;:', mh i — 204—; 27. Any person offending against any of* the tnfee last pfe* ceding sections, shall be compelled to remove, where possible, the thing unloaded, landed or deposited, immediately after re- ceiving notice from the Harbour Master, or his assistant, or from any Police Officer, or other City Officer, to that effect, and a re- fusal or neglect to so remove the same, where possible, will be a breach of this By-law, equally with the unloading, landing or depositing thereof, and similarly punishable, and each day's de- fault will be a separate offence. 28. No person shall place the dead body of any animal, or any part of any dead animal, in the waters of the harbour or slips, or on tne ice thereof. 29. No person shall drown or kill any animal in the waters of the harbour or slips, leaving its body therem. 30. No person shall cut any holes in the ice of the harbour or slips, unless for the purpose of drawing water, or of easing ves- sels laid up in the harbour, which shall be done and protected under the direction of the Harbour Master, or his assistant, and no person shall cut or take any ice in the harbour or slips with- out first applying to the Harbour Master and having a place as- signed to him for that purpose, and no ice shall be cut or taken from any such place, unless, and until, such place has been pro- tected or planted around with pine, hemlock or cedar bushes, stuck upright in the ice, and at least four feet high from the surface of the snow, and six feet apart, or with a substantial rail fence of the same height, and to the satisfaction of the Harbour Master or his assistant. 31. It shall be the duty of the Harbour Master, or his assist- ant, to assign, on application of any resident of the city, or any master of a vessel lying in the harbour, a fit place in the har- bour at which such resident or master may cut and take away ice, after protection and planting as aforesaid. 32. No vessel or craft shall lay up in the harbour, or any of the slips, without the owner, master, or person in charge, notify- ing the Harbour Master, whose duty it shall be to assign a place in which such vessel or craft shall lay ":p, and to keep a register of the vessels so laid up, and the placid by him assigned them. '-205 — But nothing herein cohtained shall prevent the owri^r of lessee of a wharf from laying up any vessel at the outer end of his wharf, or in the slip at the side thereof, except when, by the pro- visions of this By-law relating to the harbour, the slip is to be kept clear, and in so far as it is to be kept clear, and so as not to hinder and obstruct other vessels or the use of the slip by the public. 33. The hands or crew, in the absence of the master, of any vessel, craft or Hoat shall be liable to the provisions of this By- law, and in such case any order lawfully given by the Harbour Master, or his assistant, shall have the like effect, and be obeyed as if given to the master in person. 34. No person shall disobey the lawful orders or directions of the Harbour Master, or his assistant, in administering the pro- visions of this By-law- and no person shall molest, hinder or disturb them in any way, while in the proper performance of their duties as authorized by the provisions aforesaid, and such assistants, when acting on behalf of the Harbour Master, shall have and receive the same powers and consideration from all persons as the Harbour Master. 35. That hereafter, subject to the rights of the Government and of the military authorities, and any private rights which may exist, no wharf, pier or other erection shall be begun or built or extended in any part of the waters of the harbour, without per- mission be first had and obtained from the City Council, by re- solution of the Council adopted at one of its regular meetings, and hereatter no wharf, pier or other erection shall be permitted to extend, or shall extend, beyond or further out than a line re- presented by the dotted line in red ink on the plan of the har- bour made by Thomas O. Bolger, P.L.S., City Engineer, dated the eighteenth day of October, 1888, and deposited in the office of the City Clerk, and which said line may be better known by the following description of it prepared by the said City En- gineer, that is to say : DESCRIPTION OF THE NEW LINE OF WHARF EXTENSION. Commencing at a point in westerly boundary of the Corpora- tion, at the distance of 1,681 feet measured along said westerly 1 [ ■■■\* 1 ' • .1 . t ■ 1 ' .'* ", •'it J , * » , t \i I'll* *l '» ^—206—' boundary from the southerly hinit of King street, thence east- erly in a straight line to a point 1,340 feet from the northerly limit of King street, measured along the production of the east- erly line of the present Rathbun wharf; thence northerly along said last mentioned line 400 feet to a point 940 feet from the northerly limit of King street ; thence easterly in a straight line to a point in the production of the westerly line of Gordon street, 965 feet from the north side of King street, measured along the said production of Gordon street ; thence easterly in a scraight line to a point in the production of the easterly line of Barrie street, 1,150 feet from the north line of King street, meas- ured along said production of the east line of Barrie street ; thence north-easterly in a straight line to a point in the produc- tion of the westerly limit of Maitland street, 1,170 feet from the southerly limit of Kin^ street, measured along said production of the westerly line of Maitland street ; thence northeasterly in a straight line to a point in the production of the westerly line of the present Water Works wharf, 870 feet from the easterly line of Ontario street, measured along the said production of the line of the Water Works wharf and at right angles to Ontario street ; thence northeasterly in a straight line to a point in the produc- tion of the northerly line of Johnston street, 864 feet from the easterly line of Ontario street, measured along said production of the northerly line of Ontario street ; thence in a curve to the left, with a radius of 3,379 feet, to a point touched by a tangent draw n from the easterly end of the Montreal Transportation Company's wharf, through a point in the production ot the northerly line of Brock street, 730 feet from the easterly line of Ontario street, measured along the said production of the line of Brock street ; thence along the said tangent line to the north- east corner of the present Montreal Transportation Company's wharf, said point being 787 feet distant from the east line of Ontario street, measured along a line parallel to Queen street, and 82 feet north of the northerly line of Queen street. Also commencing at a point on the northerly side of Catara- qui bridge, 50 feet west of the west side of the Swing bridge ; thence northerly in a straight line to a point in the southerly line of the Kingsten & Pembroke Railway Company's wharf, no feet from the production of the westerly line of Ontario — 207— street, hieasured along the south hne of said wharf: thence sonth-easterly along the line of said wliarf to the easterly end of the same, being 660 feet from the production of the westerly line of Ontario street ; thence northerly m a straight line to a point in the prod.iction of the southerly line of Cataraqu, street, i 120 feet from the easterly line of Orchard street, measured along said production of Cataraqui street ; thence northerly in a straight line to a point in the production of the southerly line of River street. 1,320 feet from the easterly line of Orchard street, meas- ured along said production of River street; thence northerly in a production of the last course to the Marsh. And wharves and piers may. with such permission as aforesaid, be biult or ex- tended out to the said line and no further, and no person shall buid or extend any wharf or pier without such permissicu, or build or extend any wharf or pier beyond the said line. Pro- vided that any permission granted under this section, to build or extend any wharf, pier, or other erection as aforesaid, shall be subject to the Act, Chapter 92, of the Revised Statutes of Canada, 1886. 36. The words " vessels and crafts" shall be deemed to in- clude every species of steam and other vessels and boats lying or floating in or navigating the harbour, and the word - float '' shall be deemed to mean and include all rafts of timber lum- ber, logs, wood, trees, firewood, or other floating material and the word "harbour" shall mean and be deemed to include all those part^ of Lake Ontario and the great River Cataraqui ov law included within the limits of the city and harbour of King- ston, together, with the slips connected therewith and part thereof. ^ 37- No person shall drive or ride a horse or horses on or near any of the wharves at a quicker pace than a walk, and the drivers of cabs, carts and other vehicles shall so arrange them as not to block up or unduly obstruct the entrance or passage to any wharf. ^ 38. Any person causing or procuring or permitting anything to be done contrary to the provisions of this iiy-law shall be equally guilty of a breach thereof as the person actually doing it. 39. No person shall sound any steam-whistle or steam sound- ing apparatus on any steamboat or vessel in the harbour, ex- cept one blow or whistle three times in succession on entering the harbour. 40. No person shall sound any steam-whistle or steam sound- ing apparatus, on any steamboat or vessel in the harbour, ap- proaching the Cataraqui Bridge on either side for the purpose of passing through the same, until such steamboat or vessel is within six hundred yards of ihe said bridge, and then only by giving four sharp short whistles or blows, which may be repeat- ed once. 41. Provided that nothing herein contained shall be con- strued to prevent the sounding of any such steam-whistle or steam sounding apparatus where actually necessary for the prevention of accidents in navigating the harbour, but no steam-whistle shall be blown or sounded more than ten seconds at one time without an interval of one minute each time of blowing or sounding. 42. This By-law shall come m force and take effect on its passing. lid No. 491. , A By-Law Respecting the City of Kingston Water Worlds. Passed Monday, Dec. 15th, 1893. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — I. The annual rates, meter rates, extras, business rates, hydrant charges, builders' charges, charges for street hose, charges for lawn sprinklcis, and charges lor soda water lountams, — J09 — ; to be paid for the use of water from the City Water Works, and the discounts to be allowed for early payment thereof, and the percentage to be added to and deducted therefrom in certain cases, set out and contained in Sch^;dule A to this Jiy-law, are hereby adopted and confirmed by this Council. 2. The rules to be observed by consumers of water supplied from the City Water Works, set out and contained in Schedule B to this By-law, are hereby adopted and confirmed by this Council. 3. The said rates, extra charges, discounts, percentages and rules, may be changed from time to time by this Council by re- solution, on the recommendation of this Council's Committee on the said Water Works, and such changes as may be so made by this Council, on such recommendation, are hereby adopted and confirmed, and shall govern while they respectively continue in force. 4. No person being a tenant, occupant, or inmate of any house, building or other place supplied with water from the said City Water Works shall lend, sell, or dispose, otherwise than tor his own use of the water thereof, or give it away, or permit it to be taken or carried away, or use or apply it to the use or benefit of others, or to any other than his own use and benefit, except in the case of fire occurring, for the purpose of being used to ex- tinguish such fire, and no person shall increase the supply of water agreed for by him with this Corporation, or wrongfully or improperly waste the said water supplied. 5. That every consumer of water supplied from the said City Water Works shall obey, observe and keep all and every of the said rules set out and contained in Schedule B to this By-law, and every contract entered into by this Corporation for the supply of water from the said works shall be subject to the said rules, unless as may be otherwise specially provided by this Council, and any person committing a breach of any ot the said rules shall beguilty of a breach of this By-law, and shall be dealt with accordingly, unless such breach has been the commission of any of the acts mentioned in section 33 of " The Municipal Water Works Act,' where a penalty for such breach has been provided by the suid Act. i i;;t -Sf^-S-i — aiu — 6. This liy-law shall come in force and take effect on its passing. SCHEDULE A. ANNUAL RATES TO BK PAID FOR THE USE OF WATER FROM THE KINGSTON WATER WORKS. Hegular Water Kates are I'ayable Quarterly at the OHice of the Depart- ment, in January, April, July and October, OWBI.LING RATKS ACCOKDINCi TO AS8KSSMENT. Assessment up to $ 500 700 1,000 1.300 1,600 1,900 2,200 2,500 3.000 3.500 4,000 5.000 6,000 7,000 8,000 g.ooo 500 % (i 25 700 7 50 1. 000 8-^ ^300 ,0 00 1 ,600 J J 21! 1.900 1250 ^■200 ,373 2.500 ,3 00 3.000 ,5 23 3.500 17 50 4.000 ,873 3,000 20 00 6,000 21 2S 7.000 22 50 ^'°°0 23 75 9.000 25 00 10,000 26 25 EXTRA RATES. Baths, Private " Public Closets, Private Public Urinals, Self-closing not •' Hopper Closets, direct supply Horse Cow BUS'Mi •'. .<\r, -. ' 'i I i '••I. Bakeries— (Dwelling by Assessment) Banks (Dwelling by Assessment) Barber Shops — (for one or two chairs) " " Each additional chair Boot and Shoe Stores Bottling Works . . . . Book Stores Butchers ' Confectionery and Fruit Stores--(Shop only) Clothing and Tailoring Establishments ,,.,, ^. Churches '♦ Including caretakw and boiler . . f 2 50 5 00 3 75 3 75 5 00 7 50 6 25 2 00 I 00 12 50 15 00 6 25 2 50 7 50 20 00 7 50 7 50 7 50 / 50 6 25 II 25 —ail— . . » 25 •• 7 50 ..875 . 10 00 . . 11 25 •• 12 50 • • 13 75 15 00 . . 16 25 •• 17 50 .. 18 75 . . 20 00 . . 21 25 • • 22 50 •• 23 75 . . 25 00 . . 26 25 .f 2 50 ■ 5 00 • 3 75 • 3 75 • 5 00 • 7 50 . 6 25 . 2 00 . I 00 « 12 50 • 15 00 • f> 25 • 2 50 • 7 50 . 20 00 • 7 50 • 7 50 . 7 50 • 7 5" . 625 . II 25 Club or iWwling rooms... Crockery Stores I^octors' Surgeries J'enh'sts Druggists Dry Goods Stores.". V.V.'. Fancy Goods Stores Flour and Feed Store's ' ." Hsh and (Jame Stores ,' Groceries Gents' Kurnishings . . Hardware, Tinware. &c jewellery, ^c lob Printers ,[,] Laundries Leather and Hides Liquors, &c ... Millinery. Ac .'.*.".'.'.'. Musical Instruments. Ac Newspapers . • Uttices Photographers Paint Shops .....",' Railway Stations ..'..." Schools and Colleges Sail Makers ..... Sewing Machines .'..'. Stables-(Livery, each horse) ,p '■ —(Cartage, each horse) ..." J obacconists' Shops ., . '. Factory ' I'oundr.es and Large Establishments by' Meier. • •6 23 to 7 50 • • 7 50 7 so • • • 7 so ■ V '7 50 f7 50 'o 10 00 6 23 •3 00 to 50 25 15 00 7 6 .•12 50 to •12 50 to •to 00 to 6 7 6 7 25 5c 25 50 .I15 00 to ••>7 50 to $15 00 to 20 00 6 23 J7 50 6 23 6 23 33 75 7 50 22 50 10 00 45 00 75 00 7 6 2 2 6 50 25 50 00 25 > . 10 00 SPECIAL NOTICE. ^^__^T.a,.„,e„vp„iods begin „„,s,j,„„„,, ,, ,p,„ „, „„^ ^___, ^^.^ after ihis dale durinj ,h °'''"='' 'I""""'- Accoun., paid CO,™....- ^^Z^^^^^^^^ O, .id^di. ^ no case >.m ,he d.scoun, be allowed provided any arrears e.i„ K will ue laKen and no shop rate charged. For quarterly consumption of 1.000 cubic feet or under 2,000 " 1. 3,000 " ■» 4,000 " -i 5.000 " .. R.ooo '< •" 7 a5Ci !?' :; i It:; ■■Utt Vhif 111* I — 212 — 8,000 cubic feet or under 23c. per too cubic feet. 21C. 9,000 10,000 12,000 14,000 16,000 18,000 20,000 25,000 30,000 35,000 40,000 50,000 75.000 ,20c. . igc. .i8c. .17c. , i6c. .15c. , 14c. .13c. . I2C. . lie. . IOC. .oyc. .$ c6 . 08 • 30 Ten per cent, discount ofif meter rates if paid within ten days from the service of account. Charitable institutions are allowed 35 per cent, off above tariff. In the event of a meter stopping, or failing to register, the consumption will be ascertained by average of previous quarters. No meter rate will be less than $2.50 net per quarter. builders' charces. For water supply for builders' purposes :— net. Masonry laid per toise Brick laid per i ,000 Plastering per 100 square yards Builders must supply their own pipe and cocks. HYDRANT CHARGES. For 'vater supply from hydrant for flushing drains, cellars, &c.: — $2.00 net per hour. No charge less than 50 cents. A deposit of $5.00 is required before water can be used for these pur- poses. SPECIAL CHARGES. A v;ritten permit must be obtained from the office of the Water Works Department before using the water for any of the following purposes :— Street Hose, Lawn Sprinklers, and Building Purposes. CHARGES FOR STREET HOSE. When used for washing windows and sprinkling sidewalks and boule- vards. NET. For 25 feet frontage and under ?i 5° For each additional foot 02 LAWN SPRINKLERS. When used for sprinkling lawns, grass plots, and gardens : For ist 1,000 square feet, area $1 5° For 2nd 1,000 " " 75 For 3rd 1,000 " " 50 For 4th 1,000 " " 35 F"or each additional 1,000 square feet, area 25 When area of lawn is under 2.000 square feet frontage rate will be charged. cubic feet. s from the ff. 3n3umption NET. .9 c6 08 30 these pur- iter Works es : — Street and boule- NET. *I 50 02 $1 50 75 50 35 25 ate will be —213— SODA WATER FOUNTAINS. For the ordinary fountain ji so For tumbler washer 800 For figure jet -^^*^ii^ ^!!^ "!""!!!!!!!!"!!!!!!!! 4 00 The above special charges are for the summer season, viz., from tst May to I St October. The water rates established permit the use of water only upon the pre- mises for which such rates are charged. When water is required for purposes not specified in the foregoing tariff, the rates shall be fixed by the Water Works Committee. SCHEDULE B. RULES RESPECTING THE SUPPLYING OF WATER, TO BE OBSERVED BY THE CONSUMERS. Rule I St.— That all applications for a supply of water be made at the Office of the Water Works Department, and the rate of each house or consumer, not specially agreed for, shall be according to the regular tariff of charges. Water for baths, closets, horses, cows, street-washers hose, lawn and garden sprinklers, and soda water fountains, is extra, and will be charged for (as per tariff) in addition to the usual family or house rates. Rule 2nd.— That the water rates be paid quarterly in advance at the office of the Water Works Department, and that no water be supplied to persons who refuse to comply with this rule, and no deviation will be made from it by the Corporation ; and that consumers leaving a house, or premises, may sell or transfer their receipt for any part of a quarter for which they have paid, to the person next coming into such premises. Con- sumers vacating premises are required to give notice at the office of the Water Works Department, otherwise they will be held liable for the w^ter rate, up to the time such notice is given. Rule 3rd.— That an officer of the Corporation shall make a periodical inspection, of all pipes, cocks, &c., outside the line of street, and on the premises of consumers, and that all said pipes, cocks, &c., are to be kept in good repair by either land- lord or tenant, otherwise the suddIv to such nremisps will be shut off; and in case of any break or burst, or leakage of pipes ! I rfiifp mmmmmmmlm^ ■;miI:i . m ' .> i h fi III ii' ' i :i -t- y Jiil-L» — 214 — taps, consumers are required to send immediate notice there- of to the office of the Water Works Department. Rule 4th. — That in no case an allowance be made for the stoppage of water, unless due notice be given, and an account be furnished of such lack being supplied otherwiss than by the works. Rule 5th,— That consumers using water for the purposes of deaivsiiig sewers, drains, water closets, or other like purposes, witib mt the consent of the Corporation, or their officer, therefor appointed, will be punished according to law in that behalf. Rule 6th.— That the Corporation will not hold themselves re- sponsible for the stoppage of or damage by water from any duse «v«r which they have no control. Rule 7th.. — if any person being tenant, occupant, or inmate, oFanykowse, building, or other place, supplied with water by the Corporation, lends, sells, or disposes of the water, or gives it away, or permits it to be taken or carried away, or uses or applies it for the use or benefit of others, or to any other than his, iaer, or their own use and benefit, or increases the supply of xntcT agreed for with the Corporation, or wrongfully neglects, f the street to the interior surface of the' building supplied, and of all branches, couplings, stop-cocks and appar atus placed therein, shall be borne by the occupant or owner who shall repair the same to the satisfaction of the Corporation' or their officer as aforesaid, and in default of his so doing the Corporation may do the repairs and charge the cost to the owner of the premises. Rule 14th.— That all parties supplied with water may be re- quired to place only such taps for drawing and shutting off the water as are approved of by the Corporation, and no pipes or taps other than those agreed for shall be put in. Rule 15th.— That any person authorized by the Corporation in that behalf, with necessary assistants, shall have free access at proper hours of the day, and upon reasonable notice given and request made, to all parts of every building or other pre- mises, in which water is delivered, and consumed, for the purpose of inspecting or repairing the pipes and other apparatus con- nected with the water supply therein, or for placing meters on any service pipe or connection within or without any house or building, as they may deem expedient, and for this purpose, or for the purpose of protecting or of regulating the use of any 11 li ' r H»" B1' I #1 — 2l6 — meter, may set or alter the position of the same, or of any pipe connection or tap, the expense of any such alterations being payable by the owner or occupant of the premises. Rule i6th.— The payment of the water rate may be enforced by shutting oflF the water, by suit at law, or by distress of the- goods and chattels of, or in possession of, the owner or occupant, or of any goods and chattels found on the premises the property of, or in the possession of, any other occupant of the premises,, and it is also a lien on the premises. Rule 17th. —That the Corporation shall not be liable for dam- ages caused by the breaking of any service pipes or attachment, or for any shutting oft of any water to repair mains or to tap the mains, if reasonable notice of the intention to shut oft the water is given, whenever the same is shut oft more than six hours at any one time. Rule 1 8th That consumers must have their cellars and places, where the water pipes enter their premises properly protected from frost Positively no allowance will be made oft accounts for the stoppage of the supply where the pipes are found frozen within the premises of the consuiper. — 217 — No. 492. A By-Law Respecting the Public Markets. Passed Monday, April i6th, 1894. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. The Public Market Houses, and the Public Market Places herein and hereby established in the City of Kingston, shall be the public market houses and places in and for the said city, and all grain, meat, vegetables, fish, hay, straw, fodder, wood, lumber, shingles, farm produce of every description, small ware, and all other articles, brought into the said city to be exposed for sale or marketed, may be exposed for sale therein, in accordance with the provisions hereinafter contained in that behalf. 2. The following area shall henceforth constitute Public Mar- ket Place Number One in this city, that is to say: "All the Market Square, together with that portion of King Street lying between the northeasterly side of Clarence Street and northerly side of Brock Street, and all that portion of Brock Street extending from the southeasterly side of Wellington Street to the southeasterly side of Ontario Street, and all that portion of Ontario Street extending from the northerly side of Brock Street to the northeasterly side of Clarence Street, and the north- erly side of Clarence Street to its intersection with Wellington Street, and the southwesterly side of Wellington Street to Brock Street." Provided that the sidewalks and crossings of the streets in this section mentioned shall not be obstructed or encumbered, and provided that a passage in the centres of said streets for carriages, shall be preserved free from obstruction, and all grain, meat, vegetables, farm produce of every descriprion, small ware, and all other articles, brought into the city and exposed for sale on a Market, except the articles by the provisions of this By-law to be exposed for sale in Public Market Number Two, shall be exposed for sale and marketed in said Market Place Number One, except as hereinafter is provided, and said Public Market Place Number One shall be sub-divided as follows : — —218— L' > I if r It I I* That part of the City buildings, formerly occupied by the public shambles and the market, called the Island Market, shall and is hereby constituted and declared to be a General Public Market for the sale of butter, cheese, eggs, poultry, vegetables, flowers, and such other articles, commodities and things as are brought into the City to be exposed for sale or marketed, and are exposed for sale in baskets or otherwise than in waggons, sleighs or other vehicles, and said market shall be called "Market Letter A," of Public Market Number One, and the verandah opposite the said part of the City Buildings, on the north side thereof, shall be and is hereby also constituted a part of said "Market Letter A." And the position, placing and disposition of all persons attending the said Market Number One, and also Market Number Two, with their horses, vehicles, commodities, articles and things for sale, shall rest with the Clerk of the Pub- lic Markets, subject to the direction of this Council or of the Market Committee thereof, from time to time, and the provisions of this By-law. 3. That the Market Place in the Place d' Armes shall comprise, as on the said first day of April in the year 1882 it comprised, the whole "Place" from Wellington Street to Ontario Street, to- gether with the parts of town lots numbers twenty-six, twenty- seven, twenty-eight, twenty-nine and thirty, reserved for the pur- pose of the said market in Nash's plan of the sub-division of said lots, and shall be and constitute Public Market Place Number Two, and shall be sub-divided as follows : — (a.) The north-easterly side of this market from King Street easterly to Ontario Street, shall be appropriated, and shall be and is hereby established as a public market for the marketing and sale of firewood, lumber, shingles, poles, binders, laths and ladders, brought into the City to be exposed, for sale or marketed in sleighs, waggons, and other vehicles, which shall be placed with the hinder end of each vehicle towards and within two feet of the sidewalk on the said northeasterly side of the "Place;" provided that King Street, passing through the "Place," and the centre of the "Place," shall be kept free from all obstructions to admit of the passing of the public with horses, cattle and car- riages, and the said last mentioned market shall be called the Wopd Market. —219 — (b.) The northeasterly side of this market from King street to WelHngton Street shall be appropriated, and shall be, and is hereby established as a public market for the sale of horses, cattle, sheep and pigs^ and other four-footed animals, in which the same shall be exposed for sale and marketed properly se- cured ; and the said last mentioned Market shall be called the Cattle Market. (c.) The southwesterly side of this market shall be and the same is hereby established as a public market for the sale of hay, straw, and fodder in vehicles, and all vehicles containing such] brought to the said market to be offered for sale or marketed,' shall be arranged on the south-westerly side of the "Place" with the hinder end of each vehicle towards and within four feet of the side- walk of the said "Place;" provided that King street and the centre of the "Place" shall be kept free from obstruction, to ad- mit of the passii < of the public with horses, cattle and carriages, and the said last mentioned Market shall be called the Hay Market. 4. In the Public Market Place Number Two public weighing scales shall be maintained, at which all hay, straw, cattle, coal, phosphate and ore, and other heavy articles, weighing five hun- dred pounds or over, marketed or sold in the City, shall be weighed, and the charges for such weighing hereinafter provided shall be made and collected, and shall be paid by the seller; and public weighing scales shall be maintained at Market Place Number One, as at present, and the charges for weighing there- at hereinafter provided shall be made and collected, and shall be paid by the seller of the article weighed. 5. Subject to the provisions of the By-law respecting hawkers, pedlars, and petty chapmen, the vendors of any articles may, without paying market fees, offer for sale, and sell or otherwise dispose of the same at any place within the City, excepting only at and upon the market places thereof. Provided always, and it IS hereby enacted, that the vendors of any such articles in respect of which a market fee may now be imposed under the Municipal Acts, who shall voluntarily use any of the said market places for the purpose of selling such articles, shall be liable to pay the lawful market fee hereinafter imposed in the case. And p'rovided '111- 1 ' I ,!tt 'It!; 1.1 I 'if" I '11" — 220 — further that any person who shall remain upon that part of any street immediately adjoining or surrounding, or being within one hundred yards of any market place, for the purpose of selling upon such street or streets such articles so as to obtain the ad- vantages of the said market place, shall be liable to pay the proper market fee in respect of such articles hereinafter imposed, except when the sale is made to persons carrying on business, and having actual and bona fide stores, shops, or other similar places of business on those portions of streets last mentioned. 6. No person selHng articles elsewhere in the City than upon one of the market places as aforesaid, shall obstruct or block up the traffic in the streets with his vehicle or otherwise, and no per- son shall place his horse or horses and vehicle across any street, or stop or stand them in the middle of any street, or stand them in any street except in the parts of any streets in the sections 2, 3 and 5 of this By-law mentioned, beyond the time actually necessary for negotiating sales, and while so negotiating sales, and not exceeding at any one place or time ten minutes, or while delivering any such articles, and when delivering the same, the person delivering them shall draw up and place his horse or horses and vehicle close to the sidewalk opposits the place of de- livery, and two or more vehicles shall not be placed abreast or opposite to each other in any street as aforesaid. MARKET DAYS AND HOURS. 7. Every day in the year shall be a market day exf--^' Sunday, and no person shall sell or expose for sale or marVsl .., :, commodity or thing on any of those days, so excepteu v of the said markets. MARKET REGULATIONS. 8. On all such market days as aforesaid that part of the Mar- ket Building used as Market Letter A. shall be kept open from seven o'clock a.m. until 2 o'clock p.m. from the first day of De- ember, until the thirty-first day of March following, inclusive, and during the remainder of the year from six o'clock a.m. until four o clock p.m. But the said Public Market Places, Numbers One and Two, shall be open for the sale of the com- modities authorized to be there sold at all times during the day until sunset. V — i2f — 9. All persons resorting to the public inarket houses and mar- ket places with commodities, articles or things, for sale, shall be directed and controlled by the Clerk of the Markets, or other per- son appointed in his stead, in the arrangement of the stands and vehicles, and the order in which each shall be placed, so as to produce order and regularity; and no person shall disobey, thwart, hinder or molest the Clerk or such person as may be so appointed, or his assistant, in the discharge of his duty in this behalf. 10. No empty cart, truck, waggon, sleigh, or other vehicle, shall be permitted to stand in the market places. 11. No vehicles, barrels, boxes, bags, crates, tables or stands, or depositories of any kind, shall be allowed to remain on any part of the said public markets over or during the night, or on Sunday, and no passage or footway heretofore designed and appropriated to the use of and meant to be used by foot passen- gers, shall be in any way obstructed on any pretence whatever, and all public streets shall be kept sufficiently clear to admit of the free passage of the public with horses, cattle and carriages, and any person who shall obstruct any part of any passage for foot passengers as aforesaid, or any public street contrary to this section, shall be held to be guilty of a breach of this By-law, and shall be dealt with accordingly. 12. All meat, poultry, fish or other articles of food, tainted, unwholesome, or unfit for food in the opinion of the Clerk of the Markets, or other person appointed in his stead, offered or exposed for sale, or marketed on or in any of the said markets, or author- ized fish or meat shops elsewhere within the City, shall be seized and destroyed, and the persons offering or exposing the same for sale shall be deemed guilty of a breach of this By-law, and shall be dealt with accordingly. 13. The vendors of articles in any waggon, sleigh, cart, truck or other vehicle or other thing, brought into the public market in the City of Kingston for sale, shall be subject and liable to the respective and proper market fees, hereinafter set down and im- posed, in respect thereof in the tariff of market fees and weighing charges. 'iii: —222— 14. No person shall post on or attach to any weigh-house or to any part of the City or Market Buildings, any bills, notices, papers, posters or placards, and any person so doing shall be deemed guilty of a breach of this By-law and liable to the penalties thereof. 15. No person shall throw or place any filth, oflFal, vegetable tops or refuse, upon any part of the public market places or in any market house, nd any person so doing shall be liable as aforesaid. 16. No person shall commit any kind of nuisance in any of the said market houses or market places, and any person so doing shall be Hable as aforesaid. 17. No huckster, dealer, or other person, shall kill or pluck on the market place, any description of fowls, nor shall any butcher or other person kill or clean any animal there, or in any public street or place or in the City Building, and if any such person do so he shall be deemed guilty of a breach of this By-law and liable to the penalties therefor provided. 18. No person shall, except as in the By-law relating to auc- tioneers is provided, ofler or expose for sale by auction, or public outcry, in any of the market places, or public streets or places adjoining, any articles, commodities or things, nor shall any per- son conduct his business in a noisy or loquacious manner, or so as to attract a crowd about him, or interrupt the general business of the market, or obstruct the same or the persons attending it, or obstruct any of the said public streets or places, and if any such person do so the Clerk of the Markets, his assistant, the policeman on duty, or any other person under the authoritv of the Clerk of the Markets, shall cause such person so ofiending to de- sist, and if such person refuses to desist he shall be summoned before the Police Magistrate, or the Mayor, or any Alderman of the City acting for the Police Magistrate, or otherwise compet- ent, and shall be dealt with as for a breach of this By-law. MARKET FEES AND WEIGHING CHARGES AND RENTS AND THE LESSEE. 19. The market fees and weighing fees or charges of the City markets other than rents arising from tables and stands and is and —223— rents of tenements and shops in the City Market buildings, shall be farmed, leased or rented to the highest and best tender on the first Monday in August in each year, and at least one week's notice shall be given for tenders in one or more of the City newspapers, and also at least fifty large sized printed bills shall be posted up in conspicuous places throughout the City, calling for such tenders as aforesaid, and no tender shall be received or accepted which shall not contain the actual signa- tures of two good and sufficient persons as sureties who shall, in the lease to be entered into with their principal, bind themselves jointly and severally for the due fulfilment of the contract and the faithful payment of such amount as may be offered for such contract, whether such contract shall prove profitable ot not, and such lessee and his sureties shall give twelve promissory notes for the rent, made by the lessee and endorsed by his sureties, payable monthly, each for an equal twelfth part of said rent. Provided that said market fees and charges may be disposed of by public auction, if the Council think fit, under such regulations as may be by them adopted, and provided fur- ther that the City Council may keep the same in their own hands if deemed advisable. 20. The lessee or purchaser of said market fees and weighing fees or charges from time to time shall and may demand, take, collect and recover the same in as full, ample and efficient a manner as the Council might cause to be done in case said mar- ket fees and weighing fees or charges had not been let and sold, and no lessee of the said market fees and weighing fees or charges shall assign or sub-let the same or any part or portion thereof, or shall let or set apart or assign to any person any part of the area of the public market to be occupied by a stand or by cordwood or otherwise howsoever contrary to the true intent and meaning of this By-law. 21. The collector or lessee of the market fees and weighing fees or charges, or his assistant or assistants, shall not exceed the authority vested in him by the provisions of this By-law, and he shall not exact, extort or receive any higher or other fee or charge than is authorized to be collected and paid by the said provi- sions of this By-luw, ai)d ^11 tickets givei) by jiiai for weighing P Itl 1 .r • ;»» II*' ■ I- Mb —224 — shall be written with ink and not otherwise, and he shall keep a copy of the same in a book to be kept by him for that purpose, and to be open for inspection at reasonable times, and further the said collector or lessee, and his assistant or assistants, be- fore entering upon the said office, shall be sworn in by the Mayor as Weigh Masters. THE CLERK OF THE MARKETS. 22. It shall be the duty of the Clerk of the Markets, or his as- sistants, to give notice promptly to the owner of any horse or vehicle, or the owner of any box, barrel, package, case, or other depository, occupying or obstructing any portion of the markets, sidewalks, or passages as hereinbefore defined ; and if such per- son shall not immediately remove such obstruction, attend his horse, and in every matter obey said Clerk or his assistants, and act promptly in accordance with the provisions of this By-law when notified or required so to do, then said Clerk of the Markets, or his assistants, shall immediately cause to be summoned, any and every such offender, before the Police Magistrate or the Mayor or any Alderman of the City having due authority, to be dealt with as for a breach of this By-law. Provided always that a space of twelve inches on the insides of the side-walks be permitted to merchants and others for the display of their goods and merchandise in all cases where the side-walks are ten feet in width, and a space of two feet where the walks are less than ten feet in width, immediately opposite to and adjoining their places of business in the Market Squares or places and adjoining streets, but otherwise no side-walks or pavements shall be obstructed, but shall be kept sufficiently free for the public traffic as hereinbefore provided in section 2 of this By-law. 23. The duties of the Clerk of the Markets shall be (in addition to all other duties herein contained or mentioned) to open and close the doors of the market house in accordance with the days and hours aforesaid and to attend to the Market Places during such days and hours, he shall not appoint a deputy without the authority of the City Council or the Mayor ; he shall oversee and inspect and shall seize and destroy all tainted and unwholesome meat unfit for food, poultry, fish or other articles of food exposed for sale or marketed in any public market, public street or place; 1 keep a jurpose, 1 further nts, be- e Mayor r his as- horse or or other markets, Lich per- tend his ints, and By-law Markets, ned, any B or the ty, to be 1 always walks be eir goods jn feet in than ten sir places g streets, icted, but einbefore I addition apen and the days js during thout the ersee and holesome i exposed or piaCcj —325—. he £:hall determine all disputes that may arise regarding weights and measures in the markets ; he shall also summon before the Police Magistrate, or the Mayor or any Alderman of the City act- ing for the Police Magistrate, without any unnecessary delay, all persons whom he deems or who are charged with being guilty of any breach of any of the provisions of this by-law, and take all necessary steps to have such persons duly punished ; he shall al- so determine the order of standing in or occupation of the market places in conformity with the provisions of this By-law, he shall be, ex-officio, a City Constable, and sworn in as such when enter- ing upon the duties of his office ; he shall enter into a bond with the City Corporation, himself in six hundred dollars, with two sufficient sureties in five hundred dollars each, for the due per- formance and faithful discharge of all his duties, and the faithful accounting for and paying to the City Treasurer, or as directed by the City Council, all monies which shall come into his hands as such clerk, at least once every week, but oftener if required ; he shall also make such returns relative to his office as shall be calledfor by the resolution of the Council. Provided always that one policeman shall be constantly on duty during market hours in the Market Place Number One, and during such time shallbe under the control of the Clerk of the Market, to act promptly as circumstances may require, and especially to pre- vent either forestalling or buying by hucksters, grocers, butchers or runners, before the hour hereinafter mentioned In the section of this By-law relating to forestalling, regrating, and mono- polizing. 24. The Clerk of the Markets shall sec that the conditions and requirements of this By-law are all satisfied, obeyed, observed, and complied with, by the persons whose duty it is to satisfy and comply with the same. BUTTER. 25. Butter offered or exposed for sale or marketed within the City of Kingston, in rolls or prints or other packages, shall be sold by weight and not otherwise, and when stated or represent- ed to contain a certain weight, it shall be lawful for the Clerk of the Markets, or any person appointed, to weigh such butter, and II lUUliU C}nUIl Ul *^ '! Ill !» I ;1 II a — 240 — or surrounding, or being within one hundred yards of either ot the said market places, Numbers i and 2, as hereinbefore defin- ed, or upon the vehicles containing the same. 74. It shall be the duty of every person liable to pay a mar- ket fee, or weighing fee or charge under the provisions of this By-law relating to the public markets, to pay the same to the person entitled to receive the same when demanded, and before leaving the market if time for payment has been allowed. 75. Any person who, being liable, shall refuse or neglect to pay the proper market fee, or weighing fee charge, fixed and im- posed by section 72 of this By-law in the case, when demanded by the Clerk of the Markets, or Lessee of the Market fees, and weigh- ing fees and charges, or other person duly appointed to receive or demand the same, or who being liable, shall leave the Mar- ket Place without paying the same, shall be deemed to be guilty of a breach of this By-law, and shall be dealt with accordingly. 76. This By-law shall come in force, and take effect on its passing. i 1 ' y.i: i ] ' g"?' — 241 — No. 493. A By-Law to Bncourage the Planting of Treea for Shade and Ornament In Certain of the Public Streets, Highways, Squares, and Public Places of the City of IGngston. Passed Monday, May 14th, 1894. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. From and after the passing of this By-law Section 3, of Chapter 201, Revised Statutes of Ontario (1887), shall apply to and be in force in the said City of Kingston. 2. There shall be paid out of the general funds of this Muni- cipality a bonus of the sum of 25 cents for each and every tree of the kind mentioned in Section 4 of the said Act, decided upon by the Inspector of Trees as hereinafter provided, which shall hereafter, under and in accordance with the provisions and under the authority of this By-law, be planted within this Muni- cipality. 3. Payment of the said bonus shall be made upon the certifi- cate of the said Inspector that the trees in respect of which it is demanded have been properly planted under his supervision, in accordance with the provisions of this By-law, and are healthy and growing, and appear likely to continue so, and have been planted at least si i months ; and such certificate shall contain also the names of the persons who planted the said trees, and are entitled to the said bonus. 4. The City Engineer for the time being is hereby appointed to be Inspector of Trees under the said Act and this By-law. 5. No person or persons shall injure any of the trees so plant- ed, and no person or persons, including the owner, shall remove any of the trees so planted, excepting as authority may be given therefor by a special resolution of this Council in that behalf. 6. No person shall tie or fasten any animal to, or injure or destroy, a tree planted and growing upon any road or highway, r \\ IT'''*' i J '* 1 lli ■:!••<" ■i • .ii 1 •3 I' =3 i It ■ 242 or upon any public street, lane, alley, place or square, or upon any boundary line of farms, if any such bonus or premium as aforesaid has been paid therefor, in this Municipality, or suffer or permit any animal in his charge to injure or destroy any such tree, or cut down or remove any such tree without having first obtained permission so to do by special resolution of the Coun- cil of this Municipality, and any person so acting or doing shall be dealt with under and incur the penalty prescribed by Section 8 of the said Act. 7. No person shall tie or fasten any animal to, or injure or destroy any tree growing for the purposes of shade or ornament upon any boundary line between farms or lots, or suffer or per- mit any animal in his charge to injure or destroy or cut down or remove any such tree without the consent of the owner or own- ers of such tree, and any person so doing shall be subject to the like pnalties and liable to be proceeded against and dealt with as mentioned and provided in the preceding Section of this By-law. 8. Trees may be planted under the provisions of the said Act and of this By-law in any public street, highway, square, or public place, in the said City, except in the following public places, namely : — (a) The Market Square, No. 1 Market, and the Market Place No. 2 Market, in which no trees shall be planted. (b) The following parts of streets, in which parts of streets no trees shall be planted unless upon leave granted by a spe- cial resolution of this Council, based upon a written applica- tion to this Council, which shall be first referred to the Board of Works for its report, namely : — Princess Street, both sides, between Barrie Street and the Harbour. Brock Street, both sides, between Bagot Street and the Harbour. Clarence Street, both sides, betv/een Wellington Street and the Harbour. Ontario Street, both sides, beiween William Street and the west end of Cataraqui Bridge. —243— King Street, both sides, between Johnston Street and Queen Street. Wellington Street, both sides, between Clarence Street and Queen Street. Bagot Street, both sides, between Brock Street and Prin- cess Street. Montreal Street, both sides, between Princess Street and Queen Street. 9- The Inspector shall decide upon the species of trees, among those named in said Section 4 of the said Act, which may be planted under the authority of this By-law, having regard to the soil and place and the suitableness of the species, and no trees, unless they are of the species so decided upon by the Inspector as aforesaid, shall be planted, and no trees shall be planted in such a position that their roots may or might enter or injure or obstruct any sewer or drain, or so that such trees will obstru-jt the entrance to any street, lane, alley, or gateway. 10. All planting of trees done under the authority of this By- law shall be done after due notice in writing to the Inspector, and such notice shall contain the names of the species of trees proposed to be planted, and the Inspector shall decide thereon as aforesaid, and mark the distance out from the sides of the street or public place, and from the sides of the sidewalks therein, and the distance between each other at which the said trees shall be planted, and generally direct the manner of such planting. 1 1 . No such tree shall be planted except in the months of April and May and September, October and November in each year. 12. No person shall plant any tree on any street, square, or public place, in which the planting of the same is not authorized or permitted by this By-law, or plant any tree contrary to the provisions of this By-law, or plant any tree without three days previous written notice to be given to the Inspector as aforesaid or at any other distance from the side of the street, square or public place, or from any other tree, or the place marked for the planting of any other tree, than the distance in each case given and marked by the Inspector, who shall without delay in all I % 1«« till "•' ,1; II ^^ ^ -.» J"! ;.» ['' 111 ;5 ! ! Ill, : ; i —244— cases in which the planting is lawful and may be permitted, upon receiving such notice as aforesaid, proceed to measure and mark the said distances on the ground. 13. Any trc. planted in any street, square, or public place, of this City, contrary to the provisions of this By-law, shall be im- mediately removed by the Inspector, who shall also prosecute the person or persons who planted the same as for a breach of this By-law, and it shall also be the duty of the said Inspector to prosecute all the persons or bodies corporate contravening any of the provisions of the said Act or of this By-law. 14. It shall be lawful for this Council to cause any tree, shrub, or sapling, growing or planted in any public place, square, high- way, street, lane, alley, or other communication under its con- trol, to be removed, if and when such removal is deemed neces- sary for any purpose of public improvement, but no such tree, shrub, or sapling, shall be so removed until after one month's notice thereof is given to the owner of the adjoining property, and he is recompensed for his trouble in planting and protecting the same, and no such owner, or any other person whomsoever, shall remove, or cut down, or injure, any such tree, shrub, or sapling, on pretence of improving any such public place, square, highway, street, road, lane, alley, or other communication, or otherwise, without the express permission of this Council, but this Section is subject to Section 13 of this By-law, as to any trees planted after this By-law comes in force contrary to the provisions of this By-law, and as to any trees planted contrary to the provisions of the By-law to encourage the planting of trees in this City, passed May 3rd, 1886. 15. This By-law shall come in force and take effect on its passing. -245— No. 494. A By-Law for Licensing and Kegulating Milk Vendors within ttie dty of Kingston, and Fixing tlie Pee to be paid for such License, and for other Purposes. Passed Monday, May 14th, 1894. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. No person shall sell or vend milk within the City of King- ston without first having obtained license to do so. 2. Every milk vendor who sells or vends milk within the City of Kingston shall have and keep on the premises in which the milk is sold and upon every waggon, sleigh or other vehicle, in which the milk is conveyed, a sign, on which shall be inscribed in plain and legible characters the name of such person and his registered number as shown by the license issued to such person. 3. Every license issued under the authority of this By-law, un- less it is expressed to be granted for a shorter period, or unless the same shall be sooner forfeited, shall be in force from the date thereof until the thirty-first day of December next succeed- ing such date, and no longer. 4. Every person requiring a license under the provisions of this By-law shall make application therefor in writing to the City Inspector of Milk, and shall sign an undertaking or agree- ment in the Inspector's presence to the effect prescribed by this By-law, and also for the due observance of the By-laws of the City of Kingston relating to or passed or to be passed in con- nection with the licensing and regulating of milk vendors, and the selling or vending of milk within the City of Kingston, includ- ing this By-law, and also of the conditions to the licenses hereby prescribed, and also to vend only the quality of milk allowed by this By-law to be sold, which shall also be a condition of said licenses. 5. Every person to whom a license shall be issucu unucr the ' ^"T * I; INI I"' ^ t • r I .;: 1^ — 246— authority of this By-law shall produce the same whenever it may be demanded by the said Inspector or by the Police Magistrate, or any member of the Police force of the said city, or other person duly authorized. 6. The said license shall be issued by the City Treasurer upon the written recommendation of the City Inspector of Milk, upon his receiving the license fee therefor, without the payment of which the license shall have no force or effect, and the license must show that the fee has been received, and the licenses shall be numbered in yearly series as issued, and a list of the same and the licenses shall be kept by the City Treasurer. 7. The fee for a license issued under the provisions ot this By-law shall be and the same is hereby fixed at One Dollar for one year, and so in proportion. 8. No license shall be granted under the provisions of this By-law unless and until the said Inspector has, with the City Medical Health Officer, inspected and approved of the place where the cows are kept which supply the milk sold or intended to be sold within the City of Kingston by any person applying for a license under the provisions of this By-law, and the place wherein said milk is kept that is sold or intended to be sold within th-j said city, by any such person, and every such person shall, in his application for a license as aforesaid, give a full and correct statement of his name and address and the place where he keeps his cows that supply the milk, and if the milk is not from his own cows, the places where the cows which supply the milk are kept and the names and addresses of the persons from whom it is purchased by such person, and the place where he keeps the milk intended for sale, or sells the same, and shall re- port any changes in these respects and any new sources of sup- ply, as soon as they occur, to the said Inspector. 9. Each dairyman or milk vendor holding a license under this By-law shall agree as a condition of receiving license to comply with the various clauses of the Public Health Act and amending Acts by givi ig notice to the Local Board of any cases of contagious animal disease (defined in the Public Health Act) occuning amongst his cattle, or of any scheduled contagious —247— diseases in his family or on the farm or in the house or shop at which, from which, to which, or in which the milk is either pro- duced, sent or received, and otherwise, and that he further shall carry out and observe the restrictions and obligations laid upon him by the Local Board under any Public Health Act. 10. No person shall sell or ofter for sale or vend milk within the City of Kingston unless the same is of the standard qualities and grades as follows, the test values of each such grade of milk as shown by the Feser Lactoscope, to be as follows : — No. I Quality 4.25 per cent. fat. No. 2 •' 3.50 " " No. 3 " 3.00 " •' and no person shall sell or ofter for sale or vend milk within the City of Kingston from which any cream or valuable constituent has been extracted or taken, or partly extracted or taken, or to which any annato or colouring matter or ingredient or any water has been added, or if it is the product of a diseased animal or of an animal fed upon unwholesome food ; provided that skimmed milk may be vended or sold as such as hereinafter provided. 11. No person shall sell or offer for sale or vend within the City of Kingston skimmed milk for unskimmed or pure whole milk, or a mixture of the two kinds for unskimmed or pure whole milk, or mix water with the milk he sells for sale whether it be as pure, whole, or unskimmed milk, or skimmed milk. 12. Skimmed milk may be sold or vended within the City of Kingston as such, by licensees under this By-law, if contained in cans or vessels bearing upon their exterior in a conspicuous place where it may be readily and easily seen by the purchaser the word "Skimmed" in letters not less than two inches in length, and served in a measure also similarly marked, but no person shall supply such skimmed milk unless it is asked for by the purchaser. 13. Every license granted under the provisions of this By-law shall be subject to the following conditions, that is to say — '^i) That the provisions of this By-law shall be strictlv and fully observed by the Licensee. LI i • 'I i|- % —248— (2) That the licensee shall at all reasonable times allow his cows, cow-stables, cow-byres, dairy or premises, where his milk is produced or kept for sale or sold, to be inspected by the said Inspector, Medical Health Officer and a Veterinary Surgeon, or either of them, such inspection to be made at reasonable times in the day time. (3) That the place in which the milk is sold or kept before, and for, sale, and the place in which the cows supplying such milk are kept, are and shall be kept clean and wholesome and fit for the said purposes, and are and shall be kept and conduct- ed in such a manner that the said milk shall not contain any matter or thing liable to produce disease either by reason of adulteration, contamination with sewage in any way, absorption of disease germs, infection of the cows, improper feeding of the cows, supplying the cows with water for drinking which is con- taminated with sewage or with stable, byre, or privy emana- tions, or is otherwise unwholesome, or any other recognized cause, and that he will allow said Inspector, Medical Health Officer, and Veterinary Surgeon, to inspect his cows, byres, or stables and dairy premises and places, in this and the preceding condition mentioned, when and as often as they or any of them may deem necessary and as hereinafter provided. (4) That the building in which the licensee's cows are kept is well ventilated, well lighted and thoroughly drained, and that the floors are close so as to prevent leakage to the ground be- neath. (5) That there is a good water supply for the cattle so situat- ed as to secure freedom from pollution. (6) That ample space is provided for turning out the cattle in winter-time. (7) That the yard or ground surrounding the stables is thoroughly clean and free from stagnant water, manure and other offensive matter, and shall be so kept. (8) That before any license is granted under this by-law, the applicant must obtain and produce a certificate from the said Medical Health Officer, that the conditions contained in paragraphs 3, 4, 5, 6 and 7 of this section are complied with and exist on applicant's premises. —249— And upon the breach of any of the conditions contained in paragraphs i, 2, 3, 4, 5, 6 and 7 of this section such license shall f ahwith become null and void. 14. A book shall be kept by the said Inspector in his office in which shall be entered the names of all persons authorized to sell or vend milk within the City of Kingston, the places where the milk is kept for sale, together with the places where the cows supplying the milk sold or offered for sale or vended are kept, the number of cows kept by each Licensee who keeps cows, the number of cows kept by persons supplying the Li- censee with the milk sold or vended by him, and such other particulars as the City Council shall from time to time require. 15. Every License holder under the provisions of this by-law shall, as a condition of his being licensed and of his license be- ing continued, at all reasonable times in the day time, during the currency of his license, permit and allow the said Inspector and Medical Health Officer or either of them, or any Veterinary Surgeon appointed by the Mayor, or by this Council, for that purpose, freely to make the inspections provided for in the con- ditions 2 and 3 of section 13 of this by-law, and the license of any Licensee refusing to permit or allow any such inspection shall thenceforth become null and void. 16. Any person guilty of a breach of any of the provisions of this by-law shall, upon conviction, forfeit and pay a fine not exceeding $50 nor less than $1 for each offence, exclusive of costs ; and, in case of non-payment of the fine and costs inflict- ed for any such breach, as ordered to be paid by the convicting Justice, the same may be levied by distress and sale ot the goods and chattels of the offender, and in case there shall be no suffi- cient distress found, out of which such fine and costs can be levied, the offender may be imprisoned in the Common Jail of the County of Frontenac, with or without hard labor, for any period not exceeding six months unless the said fine and costs be sooner paid, provided that this section shall not apply to a breach of any provision of this by-law, or of any condition of the licenses issued under it, in cases where ttie license to be issued under this by-law is declared by this by-law to become null and void a^ a consequence of such breach. 1.1 l". —250— 17. This By-law shall ome in force and take effect on its passing, but nothing in this By-law contained shall in any way aflect the By-law relating to the inspection of milk or the duties of the said Milk Inspector under the same. 18. The following shall be the form of the license to be israed under this By-law : — MILK VENDOR'S LICENSE. No of , having agreed to conform to the terms and conditions contained, and as is prescribed, in the By-law entitled "A By-law for Licensing and Regulating Milk Vendors within the City of Kingston, and fixing the fee to be paid for such License and for other purposes," and in all things to obey and observe the said By-law as condi- tions of the granting hereof, is hereby authorized to engage in the business of Dairyman or Milk Vendor in the City of King- ston for the period from to the thirty-first day of December next ; provided always that should any violation of any provision of the Public Health Act or amending Acts, or of the said By-law, or of his or her agreement to conform thereto, and to the said By-law, be proved to the satisfaction of the Finance Committee of the City Council, this license may at any time be cancelled by said Committee, and it shall alpo become null and void upon breach of any of the t on- ditions contained in paragraphs i, 2 and 3 of Section 13 and Sec- tion 15 of the said By-law. Issued this day of A.D. 18. City Treasurer. -asi- No. 49P. A By-Uw Respecting Water Rates or Rents tn Arrear, and to Provide for ttie Coiiection of tlie same by Distress In Default of Payment after Demand. Passed Monday, Oct .-er 15th, 1894. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — I. That from and after the passing of this fiy-law, immediately after the expiration of one month from the end of each quarter or three months, reckoning from the first day of January in each year, a list or roll of the water rates or rents then still remaining due and unpaid for the said quarter, with the amounts thereof, the names of the persons in default therefor, and a general des- cription of the respective premises which have been served with the water in respect of which service the said water rates or rents are respectively due and in arrear, shall 1 le prepared under the superintendance of the City Treasurer of the City of Kingston, or other officer of the said Corporation discharging the duties the said Treasurer now discharges in connection with the Water Works Department of the said City, and shall be signed by the said Treasurer, or other officer, and shall be delivered by the said Treasurer, or other officer, to the Collector of Taxes of the said City for the time being, who shall proceed to collect the said water rates or rents in the manner provided by law for the collection of municipal taxes, by the distress and sale of the goods and chattels of the persons owing the same respectively, or of any goods and chattels in their possession respectively, wherever the same may be found in the said City of Kingston, or of any other goods and chattels found on the premises served with the water in respec*^ of which service the said water rates or rents are due and in arrear, the property of or in the possession of any other occupant of the said premises, after having duly demanded pay- ment thereof as provided in the case of municipal taxes, and de- faiilt in nflvmpnf offer «^omq«/^ VimnV"' l-^^^-x.* .»,_J- r — xl- • « 2! |m» 1 ;,!? ii>i^ ■1 ".' B'.ic "1 .,4 ;<» II' —252— limited by the Assessment Act in the case of municipal taxes, and the said Collector is hereby authorized to sign all demands, war- rants, receipts and other documents, and appoint all bailiffs, necessary or required, in and about such collection of the said rates or rents. Provided that where the arrears exceed one quarter no distress shall be made of any goods and chattels which are not the property of the person liable for the water rate or rent, and the said Collector shall enter on the said list or roll the date of each demand of payment of water rates or rents made by him. 2. That the said Collector shall, on the last day of the month of December in each year, return to the said City Treasurer, lists and amounts of the said water rates or rents contained re- spectively in the several quarterly lists or rolls as aforesaid, delivered to him then remaining uncollected and unpaid, with the reasons for such non-collection, together with the said re- spective quarterly lists or rolls, shewing each water rate or rent collected by him marked "paid," with the date of such payment, and the said Treasurer shall then procsed to collect the said re- spective water rates or rents still remaining uncollected and un- paid, as shown by the said Usts, with interest at the rate of ten per centum per annum thereon, from the fifteenth day after the date of the demand of payment thereof respectively, by the said Collector, as shall appear in the said quarterly lists or rolls con- taining such water rates or rents respectively, by the sale of the lands and premises liable, and on which the said water rates or rents are and form by law a lien and charge respectively, in the same manner, and subject to the same provisions, as in the case of the sale of non-resident lands for arrears of municipal taxes, as by law provided. 3. That the said Collector shall be entitled to receive from the City Treasurer, and shall be paid by him for the collection of said water rates or rents, one and one-tenth per centum on the amount collected. 4. That the said Collector shall pay over each day to the City Treasurer, or other officer as aforesaid, all the water rates or rerttQ rr»ll*>rtpH nr rf.r.MVfd hv him nn J-hp nr*»r«i«»r1incr Hqv ^rtA —353— shall make statutory declarations, respecting the collection of the same, similar to those required to be made by him in the case of the municipal taxes. 5. Provided that nothing herein contained shall be held to re- peal or otherwise affect the By-law respecting the collection of water rates or rents in arrear for the quarter ending on the thirty- first day of December, 1887, passed on the 5th day of March, 1888. 6. That this By-law shall come in force and take effect on its passing. —254— Hi No. 496. A ByE.a'nr Respectlns tite Cleaning of Privies and tlte Removal of BIlKlit Boll. Passed Monday, October 15th, 1894. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — r. That from and after the passing of this By-law it shall not be lawful for any person within the said City, to open or cause to be opened, any privy, privy vault, or pit, or cess-pool, or to remove, or cause to be removed, any night soil or other contents from any privy, privy vault, or pit, or cess-pool, or to draw or carry any night soil or other contents of any privy, privy vault, or pit, or cess-pool, through any of the streets, lanes, or other thoroughfares, in the said City, unless the same be done by means of the odourless day system, and the use and adoption of the odourless excavation, and between the hours of seven of the clock in the forenoon and six of the clock in the afternoon. 2. No person shall engage in the business of privy cleaning, or be permitted to remove night soil within the limits of the City of Kingston, unless and until he shall have submitted his applica- tion for carrying on the said business for the approval of this Council, and shall have obtained a certificate of his possessing the necessary means and apparatus required in such business, and of his having complied with the regulations contained in this By-law, and with any regulations prescribed by this Council, or by the Local Board of Health, with regard to the removal of night soil and the cleaning of privies, privy vaults, and pits and cess-pools, which certificate is to be granted by the City Com- missioner, who shall be entitled to demand for the same a fee of twenty-five cents, to be paid over by him forthwith to the City Treasurer of the said City for the general purposes thereof. 3. It shall not be lawful for any person so authorized to carry on the business of privy cleaning and the removal of night soil in the said City, to open any privy, privy vault or pit, or cess-pool, or other receptacle of night soil, desired to be cleaned, until he shall have first obtained the written permit of the said City Com- missioner, who shall keep a record of permits granted, and the names of persons to whom the same shall have been granted. ind tl>e 3 City of shall not or cause al, or to contents draw or y vault, or other done by jption of in of the Don. ining, or 3 City of applica- .1 of this (ssessing business, d in this uncil, or moval of pits and ty Com- ! a fee of the City 20f. to carry lit soil in ess-pool, until he ity Com- , and the anted. -255— 4. It shall not be lawful for any person engaged in the said business of cleaning privies and removing night soil under the provisions of this By-law to make a charge of more than two dollars and fifty cents per cubic yard of matter removed, and so in proportion as to the quantity removed, if the quantity re- moved is more than one cubic yard, and if the quantity removed is less than one cubic yard the charge shall not be more than three dollars. 5. The persons engaged in the said business shall at all times observe and comply with this By-law, and also with any By-laws and regulations made or to be made by this Council, or by the Local Board of Health, in relation to privy cleaning and the re- moval of night soil, and the placing, depositing and disposing of the same, and any default herein shall be deemed to be a breach of this By-law, and shall be punished accordingly, (unless a pen- alty is elsewhere provided by law), and the offender may be pro- hibited and prevented from further continuing the said business in the said City, 6. The right to engage in the said business in the said City shall be granted for one year or part of a year, as the case may be, ending on the first day of January in each year, when it may be renewed for one year, and such right shall be conditional on the person to whom it has been granted, strictly at all times observing and complying with the provisions of this By-law, and the said By-laws and regulations hereinbefore mentioned, and upon any default herein the right shall be forfeited and may be withdrawn. 7. That it shall be the duty of every such licensee to clean out every such privy, privy vault, pit, or cess-pool, on application to him for that purpose and being tendered his proper fees. 8. This By-law shall come in force and take effect on its passing. ff'T i,a B 111 III lit '0 , .. II , ■I »' 'i ■* 1 ^' I It; -256— No. 497. A BT-lil I * *'! ;t t0l 1 fi ^ > R 1 .1. 5^! B'' ^^^ ^ "~'f ' } No. 490. A By-law Respecting the Levels of Cellars and Basements, and around or Block Plans of Buildings, in the City of Kingston. Passed Monday, October 15th, 1894. Be it enacted by the Council of the Corporation of the City of Kingston as follows : — t 1. From and after the passing of this By-Law it shall be lawful for the City Engineer of the City of Kingston, and his as- sistant, at proper hours of the day, and after reasonable notice given and request made to the owner, tenant or occupant of any house or building fronting upon or along any public street in the City of Kingston, and they are required when necessary to do so, to enter into and upon said house or building for the pur- pose of ascertaining, and to ascertain, the level of the cellar or cellars of such house or building, heretofore dug or constructed, or which may hereafter be dug or constructed, along said street, such levels to be with reference to the grade line of said street, and the City Engineer shall preserve a record of all such levels so ascertained in his office. 2. It shall be the duty of the owners, tenants, or occupants of houses, buildings or properties, fronting upon and along the public streets of the City of Kingston, and they are hereby re- quired, to furnish this Council, within a reasonable time, with the levels of their cellars, heretofore dug or constructed, or hereafter to be dug or constructed, along said streets, in or upon such houses, buildings or properties, such levels to be with reference to the grade lines of the said streets respectively, upon and along which the said houses, buildings or properties respective- ly front, and the City Engineer shall keep on file in his office all such levels so furnished, a? .1 any owner, tenant or occupant neglecting to furnish such K;vels as aforesaid, shall be deemed to have committed a breagh of this By-law, and shall be dealt with accordingly. — 26 1 — 3. Before commencing the erection of any building in the City of Kingston a ground or block plan of such building, with the levels of the cellars and basements of the same, with refer- ence to the grade line of the public strept upon or near which such building fronts, shall be deposited by the owner or person by or for whom the said building is to be erected, with the City Engineer, in his office, and the City Engineer shall file all such plans in his office, and all such plans shall be drawn in black ink pn thick white paper, and shall be on a scale of eight feet to an inch. 4 No person shall prevent, hinder or 'obstruct, the City En- gineer or his assistant, performing any duty they are authorized or required to perform by this By-law, after such notice and re- quest as aforesaid has been given an'* made. 5. This By-law shall come in force and take effect on its passing. -262— l<- « I No. 800. A By-law to Provide the Sleana of Ascertaining and DeterminlnK wliat Seal Property will be immediately Benefited toy any Proposed "Work or Improvementa, tlie Kaipenae of Which ia Propoaed to be Aaaeaaed upon the Real Property Benefited Thereby, und of Aacertainins and Determining the Proportiona in ^Vhich the Aaaeaa- ment of the Coat la to be Made on the Varlona Portiona of Real eatate ao Benefited, and for Other Purpoaea. Passed Monday, October 15th, 1894. Be it enacted by the Council of the Corporation of the City of Kingston as follows : — . I. The City Engineer of the City of Kingston for the time being shall be, and he is hereby appointed to be, the officer or person who shall, from and after this By-law takes effect, ascertain and determine what real property will be immediately benefited by any proposed work or improvement in the City, the expense of which is proposed to be assessed upon the real property benefited thereby, and also the proportions in which the assess- ment of the cost thereof is to be made on the various portions of real estate so benefited by suc^. work or improvement ; and the said Engineer shall at the same time prepare a statement o: the oalu portions of real estate, giving a general description of each, with the names of the owners thereof, so far as they can be ascertained on the last revised assessment rolls, or are other- wise known to him, the frontages thereof which he shall ascer- tain by measurement, and the proportions in which the assess- ment of the cost of such work or improvement is to be made on the said portions of real estate, as aforesaid ; and he shall also, at the same time, ascertain by measurement the frontages of the property exempt from taxation, and the part of the cost of any such work or improvement to be provided out of the general funds of the Municipality, under the provisions of " The Con- solidated iTxunicipal Act," 1892, as amended, in that behalf, and — a63— include the same in said statement, respectively, together with a short description of the work or improvement, and a statement of the estimated cost of the work or improvement, and such statements shall be regarded as constituting a statement of as- sessment of the said properties for their respective proportions of the cost of the work or improvement, and of the descriptions and frontages thereof, respectively, and shall be the basis of the statement required by sub-section 6 of section 6i8 of "The Con- solidated Municipal Act, 1892," as amended, or may be adopted and used as such statement, and shall also be the basis of the special assessment to be submitted to the Court of Revision of the properties benefited by the work or improvement, and the proportions of its cost to be assessed on the said properties, and the names of the owners, as aforesaid, respectively, and of the descriptions and frontages of the same, whether such work or improvement be proceeded with under a petition sufficiently signed, or on the initiative of the City Council, or under section 616, sub-section 4 of the said act, as amended, or under sec- tion 619, sub-section 3, clause a, of the Act, as amended, and whether the said assessment be made before, or after, the com- pletion of the work or improvement and its final cost ascer- tained, but in the latter case the said City Engineer shall adjust the said proportion of the final cost of the improvement to be assessed on the operties benefited in accordance with the said final cost, and, in all cases, he shall make such amend- ments as may prove to be necessary, and all such ascertain- ments and determinations, adjustments and amendments, made by the said City Engineer, shall be subject to the right of appeal to the Court of Revision and the County Judge, of the owners or persons duly interested, as provided in the said Act, as amended, as aforesaid. Provided always that in ascertaining and determining the proportions in which the assessment of the cost of any such work or improvement is to be made on corner lots, or triangular or irregular shaped pieces of land, situated at the intersections of junctions of streets, the said City Engineer shall have due regard to the situation, value, and superficial area of such lots as compared with adjoining lots and pieces of land assessable for such work or improvement, and shall fix 41 •if '* -' !5 s Hi giij —264 — ' the proportions of the frontages of said corner (ots. or triangu- lar or irregular shaped pieces of land, fronting on any such work or improvement to be assessed, and the proportions in which the assessment ol the cost of any such work or improve- "' ^t 's ) be made on said corner lots, or triangular or irregu- lar s.'. ,ped pieces of land, and shall assess the same in an equitable manner, but subject to the direction, from time to time, of the Board of Works of the City Council, and of this Council, and subject to the right of appeal afore- said, and provided further that the amount of any allowance made on any such corner lot, or triangular or irregular shaped pieces of land, as aforesaid, shall be charged on the other real property fronting on the work or improvement, or liable under the said Act as amended as aforesaid, to be assessed in respect of such work or improvement, unless otherwise ordered by this Council. 2. From and after this By-law takes eflfect the said City Engineer shall also be, and he is hereby appointed to be, the officer or person, to estimate for this Council, and he is hereby authorized to estimate for this Council, the cost of the construction of branch drains from any drain or sewer, propos- ed to be constructed as a local improvement in any street in the City, to the line of the street, in ascertaining and determining the cost of draining any locahty, or making and enlarging, or pro- longing any common sewer in the City, and every such estimate so made by the said City Engineer shall be laid before this Council, and, if adopted, it shall be this Council's estimate of such cost, and in making the assessment of the cost of dramiug any locality, or making and enlarging or prolonging any common sewer, as aforesaid, the cost of > uch branch drains may be in- cluded. 3. From and after this By-law takes effect the said City En- gineer shall be, and he is hereby appointed to be, the officer or person who in the case of an outlet sewer mentioned in sub- section 3, of section 620, of the said Act, as amended as aforesaid, and in the case of any of the works or improvements mentioned in sub-section i, section 621 ot the said Act, as amended, namely, constructing or repairing bridges or culverts. —265— or any street, lane or alley, or to opt n up or extend any street, lane or alley, within the limits of the City, for the more imme- diate convenience or benefit of any locality within such limits, when this Council is of opinion that, from any cause it"is in- equitable to charge the whole of the cost of the improvement on the lands fronting thereon, and in sub-section 2 of the said last mentioned section, namely, of the construction or repair of a bridge or culvert, or the opening up ind extension of any street, lane or alley, when the Council shall determine that any real property, other than that fronting or abutting on the street, lane or alley, or ihe portion thereof, whereon or wherein the improvement is made, or to be made, is specially benefited, and ought to be charged with a part ot the cost thereof, shall as- certain and determine what real property, other than the real property fronting or abutting on the work or improvement, is in the two first cases benefited, and in the third case specially benefited, thereby, and he shall make a statement of the various lots or properties in each of the said cases, giving a general description of each of the said lots and properties, with the names of the owners of the same as aforesaid, and the frontages of the said lots or properties, which he shall ascertain by measurement, and he shall also ascertain and determine the proportions of the cost of the work, or improvement, which should be, or is to be, assessed on the said lots or properties, respectively, and he shall also ascertain by measurement the frontages of the properties within the limits of the said lots or properties, exempt from taxation, ai d the proportion of the cost of any sue) work or improvement within said limits, to be provided out oi the general funds of the Municipality, under the provisions of the said Act, as amended as aforesaid, and he shall submit every such statement to this Council, and if this Council order that the said lots or properties shall be assesed for tlieir proportions of the cost of such work or improvement, the said Engineer shall add such lots or properties to the state- ment of the lots or properties fronting or abutting on the work or improvement, and dealt with as a part thereof, and they shall be assessed for their proportions of the cost of the work or im- provement along with the last mentioned lots or properties, but It 5^1. 'III — a66— 4. From and after this By-law takes effect the said City En- gineer shall be, and he is hereby appointed to be, the officer or person who shall, in the case mentioned in sub-section 3, of section 620, of the said Act, as amended as aforesaid, of putting in necessary private drain connections in the circumstances in the said sub-section mentioned, ascertain and determine the particular properties benefited by the said work, and the cost of the same, and the proportion in which the said cost are to be assessed on the said properties, and he shall make a statement of the said properties, giving a general description of the said properties, and the owners names as aforesaid, and the front- ages of the said properties, to be ascertained by him by measure- ment, and shall lay such statement before this Council, which shall order the said cost to be assessed on the particular proper- ties benefited by the said work of putting in such necessary pri- vate drain connections, and said cost shall be assessed and levied upon the particular properties benefited by such private drain connections as part of tlie cost of the work or improve- ment being proceeded with. 5. From and after this By-law takes effect the said City En- gineer shall b^, and he is hereby appointed to be, the officer or person to ascertain and determine what land on either side of a street, lane or alley, in the City, are from any cause unfit for building purposes, if any, when it is proposed to construct a local work or improvement in any such street, lane or alley, and to report the same, with the frontages and owners' names as aforesaid, estimated cost of the work or improvement, the part thereof to be provided out of the general funds of the Munici- pality, the proportions thereof assessable on each lot or pro- perty, as if fit for building purposes, and his estimate of the re- ductions and increases which should be made, and he shall re- port the same to this Council and this Council shall thereupon determine in what proportion the cost of any such improvement shall be borne by the lands on each side of the said street, lane, or alley, respectively, and the said City Engineer shall after- wards proceed in the case as in ordinary cases, subject to such determination of this Council, and prepare his statement of assess- ment as aforesaid. _a67 — 6. That from and after this By-law takes effect, the assessor, or one of the assessors, if there be more than one, of the City, shall be the officer or person, who shall ascertain and finally determine if a petition to this Council, for the construction of a local work or improvement under the local improvement sec- tions of the said Mimicipal Act, has been sufficiently signed by the required number of owners, representing the requisite amount in value of the real property to be benefited by such work or improvement, and also the ofHcer or person who shall ascertain and finally determine if a petition to this Council against any such local work or improvement has been sufficient- ly signed by the required number of owners, representing the requisite amount in value of the real property to be benefit- ed by such work or improvement, and he shall in each case certify on the backs of such petitions his determination therein, the word "owner" to have the meaning assigned to it in the said Act as amended. 7. This By-law shall come in force and take effect on its pass- ing, and shall apply only to local works and improvements the expense of which is proposed to be assessed upon the real pro- perty benefited there by a special annual frontage rate there- on according to the frontage of said property. —268— 1- No. 801. A By-Law ReApecting the Payment and Collection of the laxes and Local Improvement Assessments, including Sewer Rents and Rates of the Municipality of the City of Kingston, and to allow a Discount thereon for Prompt Payment, and to impose a Percentage Charge thereon upon Default of Payment at the Times Specified Therefor. Passed Monday, February nth, 1895. Be it enacted by the Council of the Corporation of th-^ City of Kingston, as follows : — 1. That all taxes and local improvement assessments, includ- ing sewer rents and rates to be collected in the Municipality of the City of Kingston for any year from the year 1895 inclusive, and thereafter, shall, from and after the passing of this By-law, be payable into, and are hereby required to be paid into, the office of the Collector of Taxes of this Municipality in two equal instal- ments, as follows, that is to say, the first instalment to be so paid on or before the thirtieth day of June, and .he second or last instalment to be so paid on or before the thirty-first day of October in the same year. 2. That on the payment of the said first instalment, on or be- fore the thirtieth day of June in the said year, a discount of one per cent, shall be allowed upon the said instalment, and that on the payment of all taxes, assessments, rents and rates aforesaid, due and owing by the payer for the said year, on or before the said thirtieth day of June, a discount of two per cent, shall be allowed on the amount thereof. 3. That there shall be imposed on, added to, and collected with all taxes, local improvement assessments, including sewer rents and rates for any year, from the year 1895 inclusive and there- after, which shall remain unpaid on the first day of November in such year, an additional percentage charge of two per cent on the amount thereof then in arrear ; and that there shall be imposed on, added to and collected with al! snrh <-aY*»c anH accoccrnanf^ — ' , .. . . , — - __,_._ -_ — ,„ rrts-vi ^'•ww(^>Jj4Wi4liJ| City — 269 — rents and rates, for any year from the year 1895 inclusive and thereafter, which shall remain unpaid on the thirtieth day of November in such year, an additional percentage charge of three per cent, inclusive of the said percentage charge of two per cent on the amount thereof then in arrear ; and that there shall be imposed on, added to and collected with all such taxes and assessments, rents and rates for any year from the year 1895, inclusive and thereafter, which shall remain unpaid on the thirty- first day of December in such year, an additional percentage charge of five per cent on the amount thereof then in arrear, inclusive of the said percentage charge of three per cent. 4. The said percentage charges shall be added, respectively, to the said taxes and assessments, rents and rates for any such year as aforesaid, in arrear on the said first day of November, the thirtieth day of November, and the thirty-first day of De- cember in such year respectively, and shall be collected hy the said Collector with the said arrears of taxes and asse:sments, rents and rates as aforesaid, and in the same manner. Provided always that no more, nor higher, nor greater percentag harge, in all, and altogether, than five per cent on the whole amount of the taxes and assessments, rents and rates payable by any per- son in any year, shall be imposed on, added to, or collected with, the said arrears of taxes and assessments, rents and rates, for such year. 5. Nothing herein contained shall apply to or affect the taxes and assessments, rents and rates, of this Municipality for the years prior to the year 1895, or the By-laws relating to the same or to the percentages thereon, all of which :x:c her; by maintained and declared to be and to remain in forc.^ uni.i the said taxes and assessments, rents, rates and percentages Ijave been collected or otherwise dir losed of. 6. This By-law shall come in force and take effect en the first day of January^ 1895. ir*-T^fir>^^-r -270 — Kill i Si ■} rJ No. 802. A By-Law Respecting: the CoMtniction of Branch Sewers. Passed Monday, February nth, 1895. Be it enacted by the Council of the Corporation of the City of Kingston, as follows :— I. Fiom and after the passing of this By-law, all branch drains hereafter constructed from houses and lots, in this city, for the purpose of draining the same into the common sewer in the street, shall be constructed by men approved of by the City Engineer, and the work of constructing said branch drains, and the material used in the construction ol the same, shall be sub- ject to the approval of the City Engineer before being used, and no such material shall be used without such approval, or which has been condemned by the City Engineer ; and the City En- gineer, the Inspector of Plumbing, or other person appointed by the City Engineer, shall have the right to examine all such branch drains, and to see that the proper and approved de- scription of tile are used, and that suitable traps are put in, and that the joints are all properly made and a proper grade maintained. And no drain shall be filled in until the same is inspected and approved by the City Engineer, or Inspector of Plumbing, or some person deputed by the City Engineer to examine the same. 2. Before excavating in any street, the person intending to excavate, when taking out the bond required in that behalf, must deposit the sum of $io.oo with the City Treasurer, as a guarantee that he will restore the street surface to as good a state of repair as before the excavation was made, and in the event of this being done the excavation may be proceeded with; and if a certificate is given by the City Engineer on its comple- tion, to the effect that the surface is so restored to his satisfac- tion, the amount deposited will be returned, but if the surface is not so restored, and if the person making the excavation ne- glects to make the necessary repairs forthwith, after due notifi- cation, then the city will be at liberty to use the amount de- — 271 — posited, or as much of it as may be necessary to make the necessary repairs for the proper restoration of the surface. 3. That hereafter, when any branch drain is laid in any street, the person for whom the drain is made shall have a sketch plan made to scale, showing the position of said branch drain, together with any traps or fixtures on it, and shall fyle the same in the office of the City Engineer. 4. That in future no entrance into a tile sewer will be allowed except at a junction, and no person will be allowed to cut into any main tile for the purpose of entering a sewer except on permission of the City Engineer. 5. That in case any person is desirous of excavating under a granolithic, asphalt, or other permanent sidewalk, a deposit of $15.00 in case of a granolithic, and $10.00 in case of an asphalt walk, must be made, in addition to the $10.00 for excavating in the street, and these deposits may be used by the city to replace said walks if they are disturbed by the said excavation, but if not so needed, or so much thereof as may not be needed, shall be returned to the persons making the same. 6. This By-law shall come in force and take effect on its passing. IT i ti'f \ —272— No. 803. A By-Law to Compel the Construction of Sinks in Dwelling Houses, and Other Houses and Buildings, in the City of Kingston. Passed Monday, February nth, 1895. Be it enacted by the Council of th-* Corporation of the City of Kingston as follows : — 1. The owrier of every dwelling house in the city, and of every other house and building in the city, the business carried on in which renders a sink necessary, and which dwelling house or other house or building is, at the time of the passing of this By-law, or hereafter, without an efficient sink, shall, within one mo'^. h from and after the passing of this By-law, erect or place in a suitable and convenient place in the said dwelling house, house or building, or in the yard attached thereto, if approved of by the Medical Health Officer of the city, a properly constructed sink of sufficient capacity for the disposal and carrying away of ouds, dish-water, slops, and other waste water, and shall connect the said sink in a proper and safe manner with the house drain, and cause the connection to be efficiently trapped, so as to pre- vent the escape of sewer gas into said dwelling house, house or building, to the satisfaction of the Medical Heahh Officer of the city and of the Sanitary Inspector. 2. In case there is no drain from the dwelling house, house or building aforesaid to the common sewer in the street, the owner of the property, in such a case, shall cause one to be constructed within one month from and after notice to construct the same shall be delivered to such owner or his lawful agent, under and in accordance with the provisions of the By-law of this Cor- poration, entitled "A By-law Respecting the Construction of Branch Drains," and if the said owner or occupant fails to do so he shall be deemed guilty of a breach of this By-law. 3. Notice of the passing of this By-law shall be published in the city newspapers once a week for two weeks. 4. This By-law shall come in force and take effect on its passing. —273— No. S04. A By-Law Respecting Pawnbrokers and Pawnbrokerlng. Passed Monday, February nth, 1895. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. The City Treasurer of this city is hereby authorized to issue licenses to persons exercising or wishing to exercise the trade of a Pawnbroker in this city, to be renewed annually, and to be otherwise subject to the By-law respecting the Licenses general clauses. 2. The annual license fee to be paid for such license shall be $40.00, and shall be paid to the said Treasurer before the issue of the license, and without such payment no such license shall be valid or be issued. 3. The license shall be subject to the provisions of the Act' Revised Statutes of Ontario, 187, Chapter 155, and to the penalties provided for the non-observance of the same. 4. This By-law shall come into force and have effect on its passmg. •II! J'J.i No 508. A By-law ReapectltiK the Stiootlnff* Flr*.UK and Settlnir oft off Guns, Pistols and Otber Flre-Ams In tlie City. Passed Monday, April 8th, 1895. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — I. It shall be unlawful for any person to shoot, fire or set off, any guns, pistols, revolvers, or other fire-arms, in the City, ex- ?**i#j5^!(r m I '•4' 'i'.'i i i 4l> —374— cept in the lawful defence of such person's life, or of his wife's, child's, or servant's life, or except in resisting burglars or other night marauders, or except in a properly constructed and equipped shooting gallery, or except by lawful command and authority, and no person shall do any act herein forbidden, or he shall be deemed to be guilty of a breach of this By-law and shall be dealt with accordingly. 2. This By-law shall come in force and take effect on its passing. No. 306. A By-law to Fix a Day in Cacli Year as the Civic Holiday. Passed Monday, April 8th, 1895. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. The second Monday in the month of August in each year hereafter is hereby constituted and appointed to be kept and ob- served as the civic holiday in and for this City. 2. This By-law shall come in force and take effect on its passing. ■4 ii t ! i -275— No. 807. A By.I^awr to Appoint Certain Officers of the Plre Depart- ment, and also a Chimney Viewer and Fire Inspector for the City of Kingston. Passed Monday, April 8th, 1895. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. Henry Youlden is hereby appointed to the office of Chief Engineer of the Fire Department of the City of Kingston, under and subject to the provisions of the By-law of the City of King- ston, respecting the Fire Department and the suppression of fires. 2. William Miller is hereby appointed to the office of Me- chanical Engineer and Caretaker of the Fire Department of the City of Kingston, under and subject to the said By-law in the preceding section mentioned. 3. Tohn Hall is hereby appointed Stoker and assistant Care- taker of the Fire Department of the City of Kingston, under and subject to the provisions of the said By-law in the first section of this; By-law mentioned. 4. John Lemmon is hereby appointed caretaker of the horses of the Fire Department of the City of Kingston, under and subject to the provisions of the said By-law in the first section of this By-law mentioned. 5. The above named officers' salaries shall be the same as are now attached to the said offices respectively, until otherwise de- termined, and they shall retain office during the pleasure of the Council. 6. Joseph H. Taylor is hereby appointed to th' office of Chimney Viewer and Fire Inspector in and for the City of King- P ' ! i (I Kl 1 1 I ■;; II '' f il'ilH r i —276— ston, under and subject to the provisions of the said By-law in section I of this By-law mentioned for the period of one year froni the day this By-law takes effect, and for such longer time as this Council shall see fit to retain his services in the said of- hces, the said Taylor to enter into a contract with two sufficient sureties for the due performance by him of the duties of his said offices, and the conditions upon which his tender therefor was accepted. 7. The said Taylor shall be paid thirty-five dollars per annum for his services in the said offices, over and above the fees allow- ed him under the provisions of the said By-law in section i of this By-law mentioned. 8. This By-law shall come in force and take effect on its passing. No. 808. A By.I,«w to Provide a Summary Remedy If By..,aw» are uot Obeyed. Passed Monday, April 8th, 1895. Be it enacted by the Council of the Corporation of the City of Kingston, as follows :— ^ I. Whenever this Council has by By-law or otherwise directed an> matter or thing to be done by any person or corporation, if such person or corporation has made default in doing the matter so directed to be done, such matter or thing shall be done at the expense of the person or corporation in default by this Council, and this Council may recover the said expense with costs by ac- tion or by distress, in Hke manner as municical taxes are recov- ered. Provided always, that instead of oroceedina nnH^r thi"- —277— By-law the person in default may be proceeded against and dealt with as for a breach of the By-law directing such matter or thing to be done. 2. This By-law shall come in force and take effect on its passing. of No. 509. A By-lainr to Regulate the Xlme After Whlcli Clilldren Shall not be Allovrei. to toe In the Streets of the City If Under a certain Ave, or Apparent Aice, 'Without Proper Onardlanstalp, and to Provide for the Butabilsliment of a " Curfew Bell." Passed Monday, May 6th, 1895. Be it enacted by the Council of the ('orporation of the City of Kingston, as follows : — I. From and after the passing of this By-law it shall not be lawful for any child, under the age or apparent age of 15 years, to be in the streets of the City of Kingston after the hour of eight o'clock P.M., during the period from the first day of November to the first day of April following, or after the hour of nine o'-lock P.M. during the period from the first day of April to the first day of November following, in each and every year here- after during which this By-law continues in force, without pro- per guardianship, and all such children are hereby required to be in their respective homes at the first mentioned hour during the first mentioned period, and at the last mentioned hour during the period secondly above mentioned, and any child under the age or apparent age of 15 years found in the said streets after the hour of eight o'clock p.m. during the said first mentioned period or after the hour of nine o'clock p.m. during the period secondly above mentioned, without proper guardianship, shall be 11 P I If; I i ' I \ «; —378— liable to be warned l)y any constable or peace officer .mding it, to go home, and if after such warnings such .hild shall Im f< nd loitering on the said streets, such child shall be taken by such constable or peace officer to its home, and such child shall also be deemed to have been guilty of a breach of this By-law. 2. A bell in the City shall be designated by this Cwuncii, by a resolution to be passed by this Council, which bell shall be lung at or near the hour of eight o'clock p.m. each night during the said first mentioned period, and at or near the hour of nine o'clock P.M. each night during the secondly above mentioned period in each and every year hereafter during which this By- law continues in fort -, as a warning to all children in the said streets under the said age or apparent age of years, without proper guardianship, to go home; and such beh shall be called the " Curfew Bell," and said resolution shall fix the annual sum to be paid for said service 3. No parent or guardian shall permit his child or the child of which he is the guardian habitually to break this By-law, after such parent or guardian has been warned in writing that such child has broken the same, and any such parent or guardian who so does may be summoned before the Police Magistrate, or other Magistrate of the City having jurisdiction, for so doing. 4. Any parent or guardian who permits his child or the child of which he is the guardian habitually to break this By-law, after such parent or guardian has been warned as aforesaid, shall, upon conviction, forfeit and pay for the first offence $1, without costs, and for the second ofience $2, and for the third or any subsequent offence $5 ; and in case of the non-payment of any such fine forthwith, or as ordered by the convicting justice, the same may be levied and enforced as directed by section 872 of " The Criminal Code, 1892," of the Dominion of Canada. 5. This By-law shall come in force and take effect on its passing. I! -379- its No. 810. A Bylaw to Amend Bylaw Mo 447. Passed Monday, May 6th, 1895. Whereas it is expedient to amend By-law No. 447 by reducing the number of standing committees of this Council, authorized by that By-law, • Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. Section 42 of the said By-law No. 447 is hereby repealed, and the following section substituted therefor : "42. The Standing Committees of the Council shall be as follows : (i) Oii Finance and Accounts — Seven members. Note — This Committee shall do the work of the late Committees on Licenses and Schools. {2) The Board of Works — Seven members. Note — The Board of Works shall do the work of the late Committee on Streets and Improvements, and of the late Committee on Wharves and Harbours. (3) On Water Works — Seven members. (4) The Court of Revision — Five members. (5) On Fire, Water and Light — Seven members. (6) On City Property and Markets — Seven members. (7) On Parks — Seven members. (8) On Printing — Five members. (9) On House of Industry — Four members. (10) The Board of Health — To consist of the Mayor and eight ratepayers, to be appointed by the Council — three of the mem- bers to be members of the Council. 2. The duties of the Reception Committee, now abolished, and the duties of the Committee on Railways and Improvements, IMAGE EVALUATION TEST TARGET (MT-3) fe 1.0 IJ 1.25 lAo nil 2.0 1.8 us us u '- u Ul.- I- U ill 1.6 V] m. ^/ e. n >> ^^■ % Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14540 (716) 872-4 j03 ^V ^< A A :\ (V ^9) V \ "cb"- s^fU^ No. 812. A By-law to Amend By-law No. 456. Passed Monday, June 3rd, 1895. Be it enacted by the C >uncil of the Corporation of the City of Kingston, as follows :— -^ 1. Section i of the said By-law is hereby amended by striking out the sum "$ioo" in the twelfth line thereof and substituting for the same the sum "$250." 2. The following section is added to the said By-law as sec- tion I a, that is to say : "I a" The words "transient trader" and "transient traders," wherever they occur in said section i, shall extend to and in- clude any person commencing the business in said section i, mentioned m the municipality, who has not resided continuously m the municipality for a period of at least three months next preceding the time of the commencement of such business. 3. This By-law shall come in force and take effect on its passing. —282- n No. 513. A By-law Respecting: the Tax on Dors Established by the Act, Chapter ai^ of the Revised Statutes of Ontario (1887), Entitled "An Act to Impose a Tax on Dogs and for the Protection of Sheep." Passed Monday, June 3rd, 1895. Whereas it is deemed advisaMe that the tax on dogs, estab- lished by the Act in the title to this By-law mentioned, should be maintained in the MunicipaHty of the City of Kingston, but that the application of the proceeds thereof by the said Act pro- vided should be dispensed with, Be it enacted by the Council of the ('orporation of the City of Kingston as follows : — 1. The said tax on dogs, established by the said Act, shall be maintained in the Municipality of the City of Kingston, but the application of the proceeds thereof by the said Ac! provided is hereby declared to be dispensed with in the said Municipality, and the said proceeds of the said tax shall, from and after the passing of this By-law, be the property of the said Municipality, and shall be subject to its disposition in Uke manner as other local taxes of the said Municipality, and shall not be applied as provided by the said Act. 2. This By-law shall come in force and take effect on its passing. —283— No. Sl4. A By-law to Amend By-law No. 485, Respecting the House of Industry. Passed Monday, June 17th, 1895. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. Section 2 of the said By-law is amended by striking out the word "first" in the first line of the section and substituting there- for the word *• second." 2. This By-law shall come in force and take effect on its passing. No. SIS. A By-law to Regulate the Public Parks in Certain Particulars. Passed Monday, June 17th, 1895. Whereas certain clubs and persons are and may be permitted by permission of the Council Committee on Parks to occupy or appropriate certain portions of the public parks as their play- grounds, the same remaining unfenced. Be it therefore enacted by the Council of the Corporation of the City of Kingston as follows : — I. It shall not be lawful for any other clubs or persons to use or occupy any of the said play grounds of the said first mentioned clubs or persons, or in any way injure or impair the said play- grounds or obstruct the said first mentioned clubs or persons in r*^ U mi Kr 1 m. —284— the full use and enjoyment of the same, and any person so doing shall be deemed to be guilty of a breach of this By-law, and shall be dealt with accordingly. 2. Notice of this By-law shall be given by publishing a copy in the City newspapers once. 3. This By-law shall come in force and take effect on its passing. No 516. A By-Law to Divide the CJty of Kingston into Polling Sub- Divisions. Passed Monday, August 5th, 1895. Be it enacted by the Council of the Corporation of the City of Kingston, as follows : — 1. The City of Kings' 1 shall be divided into polling sub- divisions tor elections of the Legislative Assembly and Muni- cipal elections, as bounded, described and limited in the sche- dule hereto, which is hereby declared to be part of this By-law. 2. This By-law shall cpnie iqto force and take effect on it§ passing. ■ fl It u —285— SCHEDULE. Polling Sub-Division No. i — Being composed of that por- tion of Sydenham Ward lying within the following limits: Commencing at water's edge, foot of Gore street, thence north- westerly along centre of Gore street to Bagot street, thence north-easterly along centre of Bagot street to Earl street, thence north-westerly along centre of Earl street to Barrie street, thence southerly along centre of Barrie street to water's edge, thence along water's edge to the place of beginning at the foot of Gore street. Polling Sub-Division No. 2 — Being composed of that por- tion of Sydenham Ward lying within the following limits : Commencing at water's edge, foot of William street, thence north-westerly along centre of William street to Barrie street, thence southerly along centre of Barrie street to Earl street, thence south-easterly along centre of Earl street to Bagot street, thence westerly along centre of Bagot street 10 Gore street, thence south-easterly along centre of Gore street to water's edge, to the place of beginning at the foot of William street. Polling Sub-Division No. 3 — Being composed of that por- tion of Ontario Ward lying within the following limits : Com- mencing at water's edge at the foot of William street, thence westerly along William to King street, thv^nce northerly along King to Clarence street, thence westerly along Clarence to Bagot at a junction with Brock stieet, thence easterly along Brock street to water's edge, thence southerly along water'j edge to the place of beginning. Polling Sub-Division No. 4 — Being composed of that por- tion of Ontario Ward lying within the following limits: Com- mencing at centre of WilHam and King streets, thence westerly along William to Barrie street, thence northerly along Barrie to Johnson street, thence northerly to a point on Brock street 50 feet westerly from its junction with Barrie street, thence easterly along Brock street to centre of Bagot street, thence easterly along Clarence street to King street, thengf southerly along King street to the place of beginning, . f \ I n i\ —286— Polling Sub-Division No. 5 — Being composed of that por- tion of St. Lawrence Ward, lying within the following limits : Commencing at the water's edge fooJ ot Brock street, thence north-westerly along centre of Brock to Bagot street, thence north-easterly along centre of Bagot street to Princess street, thence south-easterly along centre of Princess street to the water's edge, thence along the water's edge to the place of be- ginning. Polling Sub-Division No. 6 — Being composed of that part of St. Lawrence Ward lying within the following limits : Commencing at the junction of the centre of Bagot and Brock streets, thence north-westerly along centre of Brock street to the westerly limit of St. Lawrence Ward, thence northerly along said limit to Princess street, thence south-easterly along centre of Princess street to Bagot Street, thence south-westerly along centre of Bagot street to the place of beginning on Brock street. Polling Sub-Division No. 7— Being composed of that por- tion of Cataraqui Ward lying within the following limits : Commencing at the water's edge, foot of Princess street, thence westerly along said street to Montreal street, thence northerly along Montreal to Queen street, thence easterly along Queen street to Ontario street, thence northerly along Ontario street to Barrack street, thence easterly along Barrack street to the water's edge, thence southerly along water's edge to the place of beginning. Polling Sub-Division No. 8 — Being composed of that por- tion of Cataraqui Ward lying within the following limits : Commencing at the water's edge at the foot of Barrack street, thence westerly along said street to Ontario street, thence south- erly along Ontario street to Queen street, thence westerly along Queen street to Montreal street, thence northerly along Montreal street to Ordnance street, thence easterly along Ordnance street to Wellington street, thence northerly along Wellington street to Bay street, thence easterly along Bay street to the water's edge, thence southerly and easterly along the water's edge to the place of beginning. —287— Polling Sub-Division No. 9— Being composed of that portion of Cataraqui Ward lying within the following limits: Commencing at the water's edge on Bay street, thence westerly along Bay street to Wellington street, thence southerly along Wellington street to Ordnance street, thence westerly along Ordnance street to Montreal street, thence northerly along Montreal street to Raglan Road, thence easterly along Raglan Road to Magdalene street, thence northerly along Magdalene street to Corrigan street, thence easterly along Corrigan street to Rideau street, and a line produced to the water's edge, thence sfmtherly along the water's edge to the place of be- ginning. Polling Sub-Division No. 10 — Being composed of that portion of Cataraqui Ward lying within the following limits: Commencing at the water's edge, in line with Corrigan street produced, thence westerly along said line and Corrigan street to Magdalene street, thence southerly along Magdalene street to Raglan Road, thence westerly along Raglan Road to Montreal street, thence northerly along Montreal street to the northerly limits of the City, thence easterly along said limits to the water's edge, including Belle Island, thence southerly along the water's edge to the place of beginning. Polling Sub-Division No. ii— Being composed of that portion of Frontenac Ward lying within the following limits : Commencing at the junction ot Princess and Montreal streets, thence westerly along Princess street to Clergy street, thence northerly along Clergy street to Ordnance street, thence westerly along Ordnance street to Alma street, thence northerly along Alma street to Raglan Road, thence easterly along Raglan Road to Montreal street, thence southerly along Montreal street to the place of beginning. Polling Sub-Division No. 12 — Being composed of that portion of Frontenac Ward lying within the following limits : Commencing at junction of Princess and Clergy streets, thence northerly to Ordnance street, thence westerly along Ordnance street to Alma street, thence northerly along Alma street to Raglan Road, thence westerly along Raglan Road to westerly l\ g -288— limit of the ward, thence southerly along said limit to Princess street, thence easterly along Princess street to Clergy street, the place of beginning. Polling Sub-Division No. 13 — Being composed of that portion of Frontenac Ward lying within the following limits : Commencing at the junction of Montreal street and Raglan Road, thence westerly along Raglan Road to Division street, thence northerly along Division street to Adelaide street, thence easterly along Adelaide street to Patrick street, thence souther- ly along Patrick street to Markland street, thence easterly along Markland street to Montreal street, thence southerly along Montreal street to the place of beginning. Polling Sub-Division No. 14 — Being composed of that portion of Frontenac Ward lying within the following limits : Commencing at the junction of Montreal and Markland streets, thence westerly along Markland street to Patrick street, thence northerly along Patrick street to Adelaide street, thence wester- ly along Adelaide street to Division street, thence northerly along Division street to the northerly City limits, thence easter- ly along said limits to Montreal street, thence southerly along Montreal street to the place of beginning. Polling Sub-Division No. 15 — Being composed of that portion of Rideau Ward lying within the following limits: Commencing on Princess street at the Division line between Rideau and Frontenac Wards, thence northerly to where said division line meets Division street, thence northerly along Division street to road on the northerly Hmits of the City, thence westerly to Alfred street, thence southerly along Alfred street to Princess street, thence easterly along Princess street to the place of beginning. Polling Sub-Division No. 16— Being composed of that portion of Rideau Ward lying within the following limits : Commencing on Barrie street at its junction with Johnson street, thence westerly along Johnson street to University Avenue, thence northerly along University Avenue to Princess street, thence easterly along Princess street to a point 132 feet west of Barrie street, thence southerly in a direct line along the —289— easterly limit of RIdeau Ward to Barrie street, thence southerly along Barrie street to the place of beginning. Polling Sub-Division No. 17— Being composed of that portion of Rideau Ward lying within the following hmits : Commencing on Barrie street at its junction with Earl street, thence westerly along Earl street to University Avenue, thence northerly along University Avenue to Johnson street, thence easterly along Johnson street to Barrie street, thence southerly along Barrie street to the place of beginning. Polling Sub-Division No. 18— Being composed of that portion of Rideau Ward lying within the following limits: Commencing at the junction of Earl street and University Avenue, thence northerly along University Avenue to Princess street, thence westerly along Piincess street to Albert street, thence southerly along Albert street to the southerly limit of Rideau Ward, thence easterly in a direct line along said south- erly limit to the place of beginning. Polling Sub-Division No. 19— Being composed of that portion of Rideau Ward lying within the following limits: Commencing at the junction of Princess and Alfred streets, thence northerly along Alfred street to road on the northerly limits of the City, thence westerly along said road to the west- erly limits of the City, thence southerly along said limits to the south side of Johnston street, thence easterly in a direct line along the southerly limit of Rideau W^ard to Albert street, thence northerly along Albert street to Princess street, thence easterly along Princess street to the place of beginning. Polling Sub-Division No. 20 — Being composed of that portion of Victoria Ward lying within the following limits : Commencing at the junction of Barrie and Earl streets, thence southerly along Barrie street to Clergy street west, thence west- erly along Clergy street west to University Avenue, thence southerly along University Avenue to Union street, thence westerly along Union street to the westerly City limits, thence northerly along said limits to Johnson street, thence easterly along the northerly limits of Victoria Ward to the place of be- ginning on Barrie street. III. — ago — Polling Sub-Division No. 21 — Being composed of that portion of Victoria Ward lying within the following limits ; Commencing at the junction of Barrie street and Clergy street west, thence southerly along Barrie street to Deacon street, thence westerly along Deacon street to Arch street, thence southerly along Arch street to Stuart street, thence westerly along Stuart street to University Avenue, thence northerly along University Avenue to Clergy street west, thence easterly along Clergy street west to the place of beginning on Barrie street. Polling Sub-Division No. 22 — Being composed of that po' tion of Victoria Ward lying within the following limits : Commencing at the centre of the junction of Barrie street and Deacon street, thence southerly along Barrie street to the water's edge, thence westerly alon^^ water's edge to westerly City limits, thence northerly along said limits to Union street, thence easterly along Union street to University Avenue, thence southerly along University Avenue to Stuart street, thence easterly along Stuart street to Arch street, thence northerly along Arch street to Deacon street, thence easterly along Deacon street to the place of beginning on Barrie street. — agi — No. 817. A By-law to Provide and impose a Penalty for the Breach of any of the Foregoing By-laws, and to Repeal CerUIn By-laws, and for Other Purposes. V'assed Monday, August 5th, 1895. Be it enacted by the Council of the Corporation of the City of Kingston as follows : — 1. Any person guilty of a breach of any of the newly revised, amended and consolidated, by-laws, preceding in this collection this by-law, and passed by this Council on various dates from the 3rd day of April, 1893, ^o the 5th day of August, 1893, both dates inclusive, and numbered Irom number 446 to number 516, both numbers inclusive, as ; ended, or of any of the said by- laws that have been amended, shall, upon conviction, forfeit and pay, unless when another and difterent penalty is prescribed, for such breach, a fine not exceeding $50.00 nor less than $1.00, for each offence, exclusive of costs, and in default of payment of the fine and costs inflicted for any such breach forthwith, or as ordered to be paid by the convicting Justice, the same may be levied by distress and sale of the goods and chattels of the offender, and in case there shall be no sufficient distress found out of which such fine and costs can be levied, the offender may be imprisoned in the common gaol of the County of Frontenac, with or without hard labor, for any period not ex- ceeding six months, unless said fine and costs are sooner paid. 2. The original by-laws and the by-law entitled, "A By-law to Consolidate and Amend the By-laws of the Corporation of the City of Kingston, and to Repeal Certain By-laws," passed on the 26th day of November, 1883, from which by-laws the said by-laws mentioned in section i of this by-law have been derived, revised, amended and consolidated, and whose subject matters, respectively, are in whole or in part dealt with in and by the said revised, amended and consolidated by-laws, respectively, mentioned in section i of this by-law, are hereby repealed ; provided that this section shall not apply to any by- law or by-laws amending any of the said revised, amended and [0 — 292 — consolidated by-laws in section i of this by-law mentioned ; and pxovided fmther that the repeal of the said original by-laws, in- cluding the said by-law entitled '• A By-law to Consolidate and Amend the By-laws of The Corporation of the City of Kingston, and to Repeal Certain By-laws," hereinbefore mentioned, shall not have the effect of reviving any by-laws or pares cf by-laws which have been repealed by the said now repsaled by-laws; and provided further that every act, matter and thing lawfully done or effected up to the passing of the said by-laws in section I of this by-law mentioned, under or by virtue of the said re- pealed by-laws, and every liability, obligation or penalty ac- crued or incurred under the said repealed by-laws up to the passing of the said by-laws in section i of this by-law mentioned, is and shall be valid, bindiug and obligatory to all intents and purposes, and may be enforced and sustained in the same manner and to the same extent as if the said repealed by-laws were still unrepealed. 3. The by-laws passed by this Council on the 3rd day of April, 1893, *"d on the 15th day of December, 1893, *^^ OJ"* the 15th day A October, 1894, ^"'^ entitled "A By-law to Provide and Impo-i a Penalty for the Breach of Certain By-laws, and for other purposes," respectively, are hereby repealed, but every liability, obligation or penalty, accrued, incurred or imposed, under the said last mentioned by laws, or any or either of them, is and shall be valid, binding and obligatory, to all intents and purposes, and may be enforced and sustained in the same man- ner, and to the same extent, as if the said by-laws were still in force and unrepealed. 4. The by-law numbered 516, passed on the 15th day of July, 1895, ^s hereby repealed. 5. This by-law shall come in force and take effect on its passing. APPENDIX. -2 — PK If ! Members of the City Council of Year. Mayor. Sydenham Ward. Ontario Ward. St. Lawrence Ward. "893 1894 1895 N. C. Poison. John Herald, M.D. Clark W. Wnght. Aldermen. R. J. Bowes. John Herald, M.D. Robert Meek. G. H. Allen. Robert Meek. A. McMahon. Jas, Stewart. A. McMahon. Robt. Meek. Aldermen. J. J. Behan. C, L, Curtis. Wm. Wilson J. J. Behan. C. L. Curtis. J. B. Walkem. J. B. Walkem. J.J. Behan. C. L Curtis. Aldermen. W.J. Arniel. J. C. Hardy. J. S. Skinner. J. C. Hardy, ohn McKelvey. J. S. Skinner. John McKelvey. Jas. Galloway, Jr. J. S. Skinner, — 3- 11 i ilof 'RENCE men, i' ler. slvey. ler. slvey. 'ay, Jr. ler. the City of Kingston since 1892. Cataraqui Ward. Frontenac Ward. W Aldermen, ohn Gaskin. m. Robinson. Edward Ryan, M.D. lohn Gaskin. Wm. Robinson. Edward Ryan, M.D. W. G. Strainge. Edward Ryan, M.D. John Gaskin. Aldermen. Wm H. Carson. C. W. Wright. D.E. Mundell, M.D. G. Robinson. C. W. Wright. Wm. H, Carson. Alex. Newlands. W. M. Drennan. Jos. Tait. RiDEAU Ward. Aldermen. R. F. Elliott. D. M. Mclntyre. C. Robinson, R. F. Elliott. C. H Martin. D. M. Mclntyre. R, F. Elliott. Chas. H. Martin. D. M. Mclntyre. Victoria Ward. Clerk. Aldermen. A. Horn, lohn McKelvey. John McLeod. A. Horn. W. Mundell. H.W.Richardson, W. Mundell. H.W. Richardson. L. W. Shannon. M. Flanagan M .{'Flanagan M. Flanagan f *« J' — 4- OFFICERS OF THE CITY COUNCIL, 1895. City Clerk Michael Flanagan Appointea Assistant Town Clerk, June ist, 1843; Town Clerk, April 14th, 1845; and City Clerk, June 15th, 1846. City Treasurer Francis C. Ireland Appointed Assistant City Treasurer, November, 1872, and City Treasurer, April 7th, 1879. City Solicitor James Agnew Appointed, June 21st, 1858. City Engineer T. O. Bolger Appointed August 22nd, 1887. Assessor and City Commissioner William S. Gordon Appointed June 27th, 1881. Collector of Taxes George Thompson Appointed January gth, 1888. High Bailiff Edwin Horsey Appointed February i8th, 1882. Clerk of the Markets and Harbour Master William McCammon Appointed October 20th, 1890. Messenger Andrew Lanigan Appointed May 6th, 1861. iTHOS. D. MiNNES John T. McMahon Appointed January 21st, 1895. HEALTH DEPARXnENT. Medical Health Officer Sanitary Inspector Appointed March 23rd, 1885. Dr. Samuel H. Fee .William S. Gordon FIRE DEPARTMENT. Chief Engineer ■ Henry Youlden Mechanical Enginekr and Caretaker Wix.liam Miller Caretaker of Horses John Lemmon Stoker John Hall Chimney Viewer and Fire Inspector Joseph H. Taylor PARKS. Superintendent Thomas Phillips POUND KEEPERS. John Patterson Western Pound George McCullagh Northern Pound — 5- BOARD OF HEALTH FOR 1895. Dr. R. T. Walkem, Q.C, CfihIrman ; His Worship the Mayor, Clark W. Wright, Esq.; Aldermen Elliott and Ryan; The Rev, W. B. Carey; Principal Grant; Dr. K. N. Fenwick ; Dr, H. J. Saunders; P. R. Henderson, Esq. , W. S. Gordon, Secretary. BOARD OP COMMISSIONERS OP POLICE. John Duff, Police Magistrate, Chairman; C. V. Price, County Judge ; His Worship the Mayor, Clark W. Wright, Esq. ; Clerk of the Board, Edwin Horsey. POLICE COURT. Police Magistrate John Duff Clerk of the Police Court . . . .' Michael Flanagan POLICE FORCE. Chief Con.stable Edwin Horsey Sergeants | Robert W. Nesbit (Alexander Snodden CONSTABLES. Philip H. Small, James Megarry, John Tuttle, Robert Aiken, James A. Craig, N. Timmkrman, Samuel McCullagh, John Ballen- tyne, James B.\teson, Hugh Lawson, David Downie, Geo. W. Kennedy. LICENSE COMMISSIONERS FOR 1895. Messrs. R. Crawford (Chairman), Thomas Hanley, Alfred R. Martin. License Inspector William Glidden PUBLIC SCHOOL BOARD 189s. school trustees. James Galloway (Chairman), Messrs. Samusl Anglin, Edward Bennett, G. Y. Chown, a. F. Chown, Thomas Donnolly, J. G. Elliott, Samuel H. Fee, M.D , W. Kelly, Thos. Lambert, R. Meek, Geo. Sears, A. Shaw, T. C, Wilson. officers. Inspector W. G. Kidd Secretarv, Trf:asurer and Librarian John McDonaLd ROHAN CATHOLIC SEPARATE SCHOOL BOARD. 1895. Rev. J. Kelly (Chairman), Messrs. W. Duffy, A, Hanley, J. J. Behz-.n, E. Cochrane, G. Darragh, J. Norris, W. J. McNeill, D. Egan, E. McFadden, p. J. Howland, T. J. Leahy, D. Staley E. Ryan, M.D, OFFICERS. Secretary J. J. Behan Joint Treasurers i ^ Ryan. M.D. •* ( T. J. Leahy. B;}i,i — 6— AN ACT To Amend tlie Act to incorporate the Kingston Street RailMray Company. Whereas the Kingston Street Railway Company has by its petition prayed that the powers thereof enacted by the Act to incorporate the said Company, passed in the 39th year of Her Majesty's reign and chaptered 74, may be extended as herein- after provided ; and whereas the Municipahties of the Township of Kingston and the Village of Portsmouth in the County of Frontenac, being Municipalities adjoining the City of Kingston, have, by resolutions of the Councils thereof, requested that the said Street Railway Company should be allowed to use elec- tricity as a motive power for its road ; and whereas the Cor- poration of the City of Kingston and the said Company have entered into the agreement which forms Schedule "A" to this Act, and the said Corporation and the said Company have pray- ed that the said agreement should be ratified and confirmed ; and whereas the said Company have also prayed that the name be changed as hereinafter provided ; and whereas it is expedient to grant the prayer of the said petition ; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. The said agreement between the Corporation of the City of Kingston and the said Kingston Street Railway Company, which forms Schedule "A" to this Act, is hereby validated and con- firmed, and the said parties shall be taken to have had power and authority to make the same at the time of the date thereof. 2. Section 7 of the said Act incorporating the said Company is hereby amended by substituting for the words " a single track iron railway" the words "a single or double track iron or steel railway." o J- Section 8 of the said Act as to the fares to be charged is hereby made subject to the terms of the said agreement. —7— . 4. The said Company shall have power to acquire the neces- sary real estate for the erection of buildingp and machinery for the production of electricity for the purposes of running its road and to manufacture electricity, or without prejudice to and sub- ject to the agreement in said Schedule "A," to enter into any agreement with any other Company or individuals for the work- ing of the said road by electricity or otherwise as may be agreed upon. 5. The said Kingston Street Railway Company shall hereafter be called and known as " The Kingston, Portsmouth and Cata- raqui Street Railway Company," but the change in the name thereof shall in no wise affect or prejudice the said agreement set out in said Schedule "A," which will be read as though the said Kingston Street Railway Company were therein styled " The Kingston, Portsmouth and Cataraqui Street Railway Company " ; or any other contracts, agreements or obligations of the said The Kingston Street Railway Company with the Corporation of the City of Kingston or other parties which may be enforced by or against the said Company under the new name thereof. i N!| I 'i SCHEDULE "A." Articles of agreement made in triplicate this ninth day of May, 1893, between the Corporation of the City o( Kingston, hereinafter called "the Corporation," of the first part, and the Kingston Street Railway Company, hereinafter called " the Company," of the second part. Whereas, by an Act of the Parliament of the Province of On- tario, passed in the 39th year of Her Majesty's reign, and chap- tered 74, the said Company was incorporated for the purpose of operating a street railway in the City of Kingston and the adjoin- ing Municipalities, with the powers and subject to the condi- tions in the said Act contained, under and subject to any agree- ment thereafter to be made between the Council of the said Cor- poration and the said Company, and under and subject to any By-laws of the said Corporation made in pursuance thereof; And whereas, under the provisions of the said Act, an agree- —8— Pi m ment was entered into between the said Corporation and the said Company respecting the laying down and running of the said railway and the streets on which the same might be oper- ated, which agreement is dated the seventh day of June, 1876, and was confirmed by a By-law of the said Corporation dated the sixteenth day of April, 1877 I And whereas a further agreement for the extension of the rail- way originally laid down was made between the parties which is dated the 24th day of April, 1889, and was confirmed by a By-law of the said Corporation dated the 30th day of April, 1889; And whereas it has become expedient that a new agreement shall be made between the parties with the view of improving the railway constructed in pursuance of said agreement, and the parties have agreed upon the teims hereinafter contained as the proper terms to be inserted in the said new agreement. It is therefore witnessed : — 1. That the said Company is hereby authorized and empow- ered by the said Corporation to construct, maintain, complete and operate a single track iron or steel railway with the neces- sary side-tracks and turn-outs, as hereinafter provided, in and along the following streets, namely: The starting point of the said street railway shall be on Princess street at Alfred street, thence along Princess street to King street, thence along King street to Barrie street, thence up Barrie street to Union street, thence along Union street to the western city limits. Also connecting with the King street line, from King street along Brock street to Ontario street, thence along Ontario street to William street, thence along William street to King street, con- necting with the line on that street. Also connecting with the line on Union street, from Union street along Livingston avenue to King street, thence westward along King street to the western city limits. Also connecting with the Union street line, from Union street along Alfred street to York street, also from Alfred street along Princess street westward to City limits. 2. The said railway shall be worked by electricity, ammonia or compressed air, or by such other motive power as may here- — 9— after be agreed upon by the parties and sanctioned by the Cor- poration by By-law. 3. The said Company shall have the right to erect on the streets of the City of Kingston the necessary poles, wires and apparatus for the working of the said railway, subject to vhe conditions hereinafter contained. 4. The giiage of the said railway shall be four feet eight and one-half inches. 5. The rails of the said railway shall be laid so as to cause the least inconvenience possible to general traflRc consistently with the proper working of ihe railway. They shall be laid flush with the streets to the grade given by the Engineer of the City of Kingston, hereinafter called the " City Engineer," and shall conform to the grade of the streets except as hereafter provided. 6. The tracks shall be laid down in the middle of the street or as may be otherwise agreed on between the parties ; and during the construction of the said railway due and proper care shall be taken to leave sufficient space and crossings so that the traf- fic and travel on the streets shall be left free and unobstructed, and lights, barriers and watchmen shall be provided and kept by the Company' when and where required to prevent accidents to the public. 7. All excavations necessary in raising and removing the pre- sent old tracks and putting down the new track shall be male by the Company, and all the work of tamping and packing the ties and laying and lining the track shall be done by the Com pany. 8. If the grade given by the City Engineer conforms to the existing street surface, or is above the same to an extent not greater than two inches, the Company shall, at its own expense, make up the street surface to the required height, and put the same in as good a condition as it was in before the excavation was commenced. The Company shall, in restoring the streets, use similar material to that of which the road-bed is composed to the satisfaction of the City Engineer, removing all rough stone and dirt, and shall roll the surface firm and compact to the satjs- 1 • V. !■' Hi j i\ ' — lO- faction of the said City Engineer. Should the Corporation de- sire to change the grade of any street before the track is laid down, the excavation or filling therefor, except as hereinbefore provided, shall he done by the Corporation. 9. Should the Corporation at any time after the track is laid down desire to change the grade of any street on which the track has been laid, it shall have the right to do so, and the Company shall raise or lower its track when required to do so to the satisfaction of the Corporation ; but such raising or lowering shall be done at the expense of the Corporation, except that the Company shall supply any new ties, stringers or rails necessi- tated by the change, at its own expense. 10. Not more than 1,500 feet of the track shall be in hands in the laying down and making and completing at one time, and not more than 15 days shall be occupied in completing this length, laying the track aud remaking the street in accordance with this agreement, and before commencing to lay their track in any street where by this agreement it is their duty to make up and restore the street surface the Company shall deposit with the City Treasurer the sum of $300 as a guarantee that they will so make up and restore the street, said sum to be re- turned to the Company on the certificate of the City Engineer that said street is satisfactory to him, otherwise said deposit, or as much of it as may be required, shall be applied by the Cor- poration for the purpose of making said street surface into a proper condition, and if any of said deposit is so applied or be- comes so applicable the said Company, before it takes in hand the laying down and making and completing any further part ot the track, shall deposit with the said City Treasurer a sum suf- ficient to make up the said deposit to a sum of $300 over and above the moneys so applied or applicable to be similarly dis- posed of, and so in the case of each further part of the track taken in hand by the said Company foi said purposes. And upon the completion of the road as certified by the City En- gineer the unused balance of said deposits to be returned to the Company with the interest at the rate of 4 per cent, per annum. II. The rails, points, switches and appliances to be used by the Company in the construction of the track, and the radius of —II— all curves and the position of switches, side-tracks and turnouts shall be subject to the approval of the City Engin«er. No more switches, side-tracks or turnouts than are necessary shall be laid, and not more than one of either kind in 1,000 feet without the leave of the City Engineer, and any rails, curves, switches, side-tracks or turnouts or other portions of the track not satis- factory to the City Engii eer must be forthwith removed by the Company. The side-track now laid down on Ontario street is hereby allowed. 12. The poles for supporting the wires used by the Company shall be satisfactory to the City Engineer ; and the same shall be located and placed subject to his approval. 13. All the plant used by the Company for the operation o! the road, including cars, wires and motors, shall be lirst-class of its kind and modern at the time of its completion. 14. The Corporation shall have the right to take up the streets traversed by the railway, either for the purpose of altering the grades thereof, constructing or repairing drains ; laying down or repairing water or gas pipes, and all other purposes within the province and powers of the Corporation without being liable for any compensation or for any damage that may be occasioned to the working of the railway or to the works connected therewith by the interruption of the trafhc of the railway or the taking up of the works but the Corporation shall use all reasonable dis- patch in replacing the track and works disturbed. 15. The following clauses relating to repairs, distinguished by the letters (a), (6), (c), (d), shall come into force and effect be- tween the parties after the expiration ot fifteen years from the first day of July, 1894, but not before that time, and from the time that the said new road is completed until the expiration of the said fifteen years the repairs therein provided for shall be done by the Corporation. (a) The Company shall keep in thorough repair all street sur- face and all crossings inside the rails and eighteen inches out- side the rails, and where there is a switch or side-track the space between the two sets of tracks, shall also be kent in re»^air by the Company. Il — -la — (b) When street crossings are higher than the general street grade, the Company shall not interfere with the height of said crossings, but shall maintain them at the height required by the City Engineer. (c) When the portion of the street or streets to be kept in re- pair by the Company is, in the opinion of the City Engineer, out of repair, he shall notify the Company to that effect, stating the place where said repairs are necessary and the estimated cost of making the same, and the Company must proceed to make said repairs within three days of the serving of the notice and must have the same completed within fourteen days there- alter, and if the said repairs are not made in a manner satisfac- tory to the City Engineer, and the Compi ny neglects to make them so satisfactory forthwith, the City Engineer, the Mayor and the Chairman of Streets shall together examine the portion of the street complained of, and the majority of them shall de- cide what is necessary to be done, and their decision, which shall be given in writing, shall be final. If the said repairs so decided upon are not proceeded with by the Company within three days of the serving upon it of notice of such decision, the Corporation may then proceed aud make said repairs and charge and recover from the Company the amount of the cost thereof. {d) If the Company neglects to make the required repairs for six months after notice of said decision has been served upon it, or to pay the expense thereof within the said time if previously made by the Corporation under ss (c) the Corporation may take the steps for forfeiting the rights and privileges of the Company under this agreement and cancelling the same provided by sec- tion 20 of this agreeme m the manner and subject to the limi- tations mentioned in s?.mJ section. 16. The following provisions regulating the running of the said street railway shall be observed by the said Company, and the same shall refer to the running of sleighs as well as cars, as far as the same may be applicable : (a) The tracks, side-tracks, turnouts, rails, poles, wires, cars, and plant of the Company shall be kept constantly in good re- —13— pair and in an efficient and safe state, and the cars shall be pro- perly heated and lighted and kept clean and comfortable. (b) The Company shall, during the winter months, have the right to substitute sleighs for cars, and to run the sutne on the winter roads of the (^ity along the line of the railway track, (c) Until it is otherwise agreed between the parties, the cars shall commence runnmg at half-past six o'clock a.m. of each day, and shall continue runnmg until lo.jo p.m. over the whole track. They shall be run so that not more than fifteen minutes shall intervene between the passage of one car in either direc- tion at any point on the line and the arrival of another at the same point, and so on continuously throughout the day, except as to the section on Princess street from Alfred street westward to the City limits, on which the time shall be thirty minutes. {(i) The Company may collect from every person on entering any of its cars, for riding any distance on their railway in the same continuous route, between 6.30 a.m. and 10.30 p.m. a sum not exceeding five cents, and between the hours of 10.30 p.m. and 6.30 a.m., a sum not exceeding ten cents, (except chddren under five years of age accompanied by a parent or other per- son having them in charge, which children shall ride free pro vided they do not occupy seals.) The Company shall grant transfers without additional charge for all continuous trips which are not returns, and shall issue workmen's tickets at eight for 25 cents, good during the following hours, namely, 6.30 to 8 a.m., and 6 to 6.30 p.m., and shall also carry children between five and twelve years of age for a cash fare of three cents, or give ten children's tickets for 25 cents, and also carry free of charge all police constables in uniform, and all city detectives wearing badges, and no conductor shall collect a higher fare than is allowed by this agreement. The Company may also charge a reasonable compensation, to be approved of by the City Council by By-law, for carrying packages and bundles as common carriers ; but no extra charge shall be made for any valise, satchel, market-basket or parcel of reasonable size car- ried by any passenger. (e) Cars running in the same direction or in opposite direc- —14— tions on the same track shall not approach each other within a distance of one hundred feet, except in case of accident or when it may be necessary to connect them together, and except at stations and turnouts. The rate of speed of all cars shall be subject to the direction of the City Council from time to time. if) The ordinary rate of speed at which the cars shall run shall not exceed fifteen miles an hour, but while the cars are turning the corners from one street to another they shall be run at the rate of not more than lour miles an hour. {g) No car shall be allowed to stop on a street crossing, or across any intersecting street except to avoid collision or to prevent danger to- persons in the streets or for other sufficient cause ; and no car after starting shall stop except at the inter- sections of streets and at crossings, for the purpose of receiving and discharging passengers, and then no longer than is neces- sary for such purposes. When any car is stopped at the intersection of streets to re- ceive or discharge passengers it shall be so located as to leave the rear platform slightly over the street crossing. If any car runs off the track, or is upset, it shall be immediately righted and replaced on the track. {h) There shall be not less than two persons in charge of each car. {i) It shall be the duty of the company to employ careful, sober and prudent conductors and motor men to take charge of their cars while on the road ; and it shall be the duty of such motor men, as far as practicable, to keep a vigilant watch for all teams, carriages, and persons on foot, and especially children, either upon the track or moving towards it ; and on the first ap- pearance of danger the cars shall be stopped in the shortest time and space possible. (j) The conductors shall use due diligence to pre/ent any passengers from entering or leaving the car while in motion. {k) The cars, after sunset, shall be provided with coloured sig- nal lights of a different colour for each route, and a bright head- — IS— or light on every car ; and each car shall have a gong attached to it, which shall be kept ringing at all times when approaching a crossing, or when necessary to give warning. (/) It shall be lawful at all times for all and every person or persons with horses, carriages, or any kind or description of vehicle, whether loaded or not, to travel upon and along the track of the said railway, provided that in so doing they shall not interfere with or impede the cars running thereon, which in all instances shall be entitled to the first right of way on the said track. (m) The Corporation .shall by by-law, as far as it has or may receive power, protect the company in the use and enjoyment of its track and road, and in the collection of the fares payable by the passengers, and for carrying packages and bundles as is pro- vided in the by-law hereinbefore referred to and passed by the said corporation on the i6th day of April, 1877. Provided that all prosecutions shall be instituted by and carried on solely at the expense of the company, and no cost 01 expense shall be in- curred by the corporation by reason of anything in this sub-sec- tion contained. («) The said company shall keep tickets for sale at some place in the business portion of the city, convenient for the people, and also upon their cars, and they shall sell tickets to persons desir- ing the same at a rate not exceeding twenty-five cents for six tickets for frre between 6:30 a.m. and 10:30 p.m., to any point on the line within the city. (o) The company shall also have painted in large, plain letters on a conspicuous place on the outside of each car, the number thereof, and shall place thereon the name of the route over which the c?~ is to be run, so that such name and number may be readily seen and read by day or night, and each person em- ployed in running a car shall, when so employed, have his num- ber conspicuously shown on the breast of his coat or on his hat. (p) The Corporation shall have the right to make such further rules, regulations, orders and by-laws in relation to the operation of the said railway as from time to time may be necessary to pro- m ir -i6— If i r tect the interests of the said city, or to provide for the safety, welfare or accommodation of the pubHc, but no alterations m these provisions shall be made which shall have the effect of substantially impairing the rights of the said company. {q) All snow and ice on the streets, which the ompany uses for the running of its cars shall durmg such use be kept at such a level to a distance of 15 feet on each side of the track and be- tween the rails of the track on the following streets ; and where there are switches and turn-outs between the same on Ontario from William to Brock street, on Brock street from Ontario to King street, on King street from Brock to Princess street, on Princess from King to Alfred street, and twelve feet on each side of the track, and between the rails of the track on the other streets, and where there are switches and turn-outs between the same, that general traffic will not be interfered with within the space so agreed to be kept level ; and if the company neglects to keep the said streets clear of snow and ice and fit for general traffic in manner aforesaid after due notice requesting it to do so has been served upon it, the corporation may remove the said snow and ice and charge the expense thereof to the said company. The use of salt for the purpose of removing snow or ice from the track is strictly prohibited. 17. The said company shall be liable for all damages arising out of the construction, maintenance and operation of the rail- way and shall hold and keep harmless and indemnified the said Corporation from all actions, suits, costs, claims, damages and demands which may arise, or be brought, or recovered against the said Corporation in consequence of the concessions and pri- vileges hereby granted or in consequence of the construction, maintenance or operation of the said railway, including damages arising from the non-removal of snow and ice by the company, when it is their duty to remove the same, or the non-compliance with the conditions of this agreement with respect to the same. 18. The said agreement, of the 7th day of June, 1876, and the 24th day of April, 1889 and the agreement between the parties dated on the 13th of May, 1889, as to repairs shall continue in force and shall apply to the now existing railway of the said -17- Company until the new road to be constructed shall have been finally certified by the City Engineer to have been completed to his satisfaction, whereupon the said agreements shall be abro- gated except as to any claims accrued to either of the parties thereunder and the by-laws sanctioning the same shall be repealed. 19. The said Company shall complete the said new road and have the same fully equipped and in running order, and shall commence running cars thereon by the first day of January, 1895, except the section on Princess street from Alfred street westward to the city limits which shall be completed by the first d.\y of January, 1896, and the Company shall have the right on the completion of any 1,500 feet section of the road to the satis- faction of the (Mty Engineer to be certified by him to run its cars over and operate the said section. 20. Should the Company fail to complete the said railway and to commence running cars thereon as authorized by this agree- ment within the time limited thereby, or should the said Company neglect to run said cars on said railway, or on any part thereof after the completion thereof, as provided by this agreement or any future agreement between the parties for the space of six successive months, or should the said Company make default for the space of six months in payment of any of the moneys which may from time to time become payable by the Company to the Corporation or which may have been recovered by the Corpor- ation against it in any suit or action by the Corporation or which it may have been ordered to pay by any court to the Corporation under, and by virtue of the provisions of this agreement, then the said Corporation may on giving notice of its intention once a week for two months in the official Gazette for the Province of Ontario and in a local newspaper published in the city of King- ston (unless in the meantime the default made by the company has been made good or the cause of complaint removed), by re- solution of the Council thereof, declare that the said Company has forfeited all privileges and rights v hich it may have acquired by this agreement, and may repeal the by-law connected therewith and the said privileges and rights shall be forfeited accordingly and this agreement rescinded, and in such case and in all cases '*il- — 18— in which a forfeiture has been declared by the council under the provisions of this agreement, the Corporation reserves the right to cause all obstructions and materials placed in said streets by said Company, under this agreement or any former agreement, to be removed therefrom, and the said streets to be put in as good condition and repair as they were before said materials and ob- structions were placed thereon, and the expense thereof shall be paid to the said Corporation by said Company, and the said Cor- poration also in such case reserves the right to run the said rail- way, or to grant the same rights and privileges to any person or persons, company or companies, free from all charges oi liabili- ties for damages on account thereof. 21. Where necessary in cases of fire, the chief engineer or per- son in charge of the fire brigade shall have the right to cut or pull down any wires of the Company which obstruct the opera- tions of the firemen or to direct that they shall be so cut or pulled down, and also to require the Company to stop the running of their cars to or near the building or buildings which may be on fire, and the Corporation shall not be liable for any loss or damage thus caused. ix. In the event of the Corporation desiring the laying down of a railway on any other streets or parts of streets in the City than those on which by this agreement the railway is allowed to be laid down, the Corporation may serve a written notice on the said Company stating the streets on which it is required that the said new railway should be laid down, and the terms and con- ditions on which the Corporation desires that it shall be con- structed and operated, which terms and conditions may vary or differ trom the terms and conditions contained in this agreement, except as to the gauge and motive power used on the road which must be similar to that then used by the Company, and if the company within six months from the date of such notice is will- ing to enter into a contract for the construction and operation of such new railway on the terms required and agrees to carry out the same within a further period of six months thereafter, then the privilege of constructing and operating such new railway shall be granted to the Company, otherwise ia^ ^corporation may itself construct and operate such new railway, or may grant the —19— construction and operation thereof to some other company or person on similar terms to those offered to the said Company but not otherwise. 23. The agreement herein contained shall remain in force for a period of forty years from the first day of July, 1894, after which time the right of the said Company to use the said streets shall cease and determine, and the Corporation shall at the end of the said time, unless the same is extended as hereinafter pro- vided, take over the plant and property of the said Company at a valuation to be determined by arbitration in manner similar to that provided by sub-sections 2, 3 and 4, of section 4, of the Act passed in the 55th year of Her Majesty's reign, chapter 99, being an Act respecting the Toronto Street Railway, which provisions shall be incorporated into and form part of this agreement. 24. Should the said Corporation not desire to take over the said plant and property, it shall give notice one year before the termination of the said period of forty years that it does not so desire, whereupon the said Company shall be entitled to a further extpsion of the right to use and operate the said railway for a period of 20 years, upon terms to be settled by agreement be- tween the parties, or if they cannot agree by arbitration betwepn the parties each of whom shall choose one arbitrator and the two so chosen shall choose a third, but any agreement for renewal shall provide for a further renewal or extension for a similar time, unless the said plant and property is taken over by the said Cor- poration at the end of the said period of twenty years in manner provided by sections 23 and 24 of this agreement, and so on until the Corporation shall exercise its right to take over the said plant and property, and the Corporation shall have the right at the expiration of each successive extension of said term either to take over the said plant and property as herein provided or to extend the right to use and operate the said railway for a further period. 25. If the Corporation shall by a two-thirds vote of the Coun- cil request the Company to adopt any other method than the system first adopted by the Company at its own expense within one year after the passage of any such resolution of the Council, and the poles and wires and overhead constiuction used —2b— M Pi by it so far as they may not be required for the new system shall be removed by the Company within that time, provided that the Company shall not be obliged to make any change in the system first adopted by them before the expiration of fifteen years from the completion of the said new road. Should the Company be requested by the Corporation to make such change it shall have the right to object to the required change as being unreasonable, or as entailing unreasonable expense upon it, and such right shall be exercised by giving within two months after the request having being served upon it two months' notice in writing of its intention to appeal to a board of arbitrators. Such board of arbitrators shall consist of three persons, one of whom shall be named in the notice of appeal given by the Company and one shall be named by the Corporation within two months after receiving such notice, and the third shall be appointed by the two so named, or in case of their failure to appoint such third arbitrator within one month after the appointment of the Cor- poration's arbitrator, he may, upon application by either party, after one week's notice to the other, be appointed by a judge of the high court, and if such arbitrators, or the majority of them, declare by their award in writing signed by them that the request of the Corporation is unreasonable, the Company shall not then be obliged to make the change except upon such terms as to con- tribution by the Corporation to the cost thereof, as the said arbitrators, or a majority of them, may by such award decide to be fair and just. 25a. In all arbitrations under this agreement, a majority of the arbitrators shall be competent, and are hereby authorized to make an award, and an award so made shall be valid and bind- ing as if assented to by all the arbitrators. 26. Each of the parties shall in any arbitration under this agreement bear its own costs and one-half the costs of the arbitrators and award. Witness the seals of the said Corporation and Company, and the sin^nature of the presiding officers thereof, the day and year first above written. .N' — 21 — Signed, sealed and delivered in the piesenc2 of (Signed), Richard T. Walkem. Clause 25a having been first written in. [SEAL.] (Signed), Benjamin W. Folger, Pres. (Signed), Neil C. Polson, Mayor. (Signed), F. R. Sargent, [SEAL] Sec'y-Treas. (Signed), M. Flanagan, City Clerk, Witness to Mayor's signature. i A By-law to Ratify and Confirm a Certain Agreement Tiierein Mentioned. Passed Monday, February 12th, 1895. Whereas the Corporation of the City of Kingston and the Kingston, Portsmouth and Cataraqui Street Railway Company have entered into a new agreement, dated the 7th day of May, 1894, respecting the removal of the snow and ice from the streets of the said City used by the said Company for the run- ning of their cars, and whereas a true copy of the said agree- ment is hereunto annexed and marked A. Be it therefore enacted by the Council of the said Corporation of the City of Kingston as follows : — i. The said agreement between the said Corporation and the said Street Railway Company, herein above mentioned, a true copy of which is hereto annexed and marked A and forms schedule A to this By-law, is hereby ratified and confirmed by this Council. 2. This By-law shall come in force and take effect on its passing. CLARK W. WRIGHT, Mayor (L.S.) M. FLANAGAN, City Clerk. uH m -22 — ;t S, 111 SCHEDULE A. AGREEMENT Between the City and Street Railway Company respecting certain actions, and respecting the removal of snow and ice from the streets used by the Company for the running of their cars, the Company paying half the cost. This agreement, made this seventh day of May, 1894, in duplicate, between the Corporation of the City of Kingston (hereinafter called the Corporation), of the first part, and the Kingston, Portsmouth and Cataraqui Street Railway Company (hereinafter called the Company), of the second part. Whereas, on the tenth day of March, 1894, an action was in- stituted by the Corporation against the Company to recover two yedrs' repairs under the agreement between the parties hereto, dated the thirteenth day of May, 1889, and also for the cost of removing the snow and ice from certain of the streets of the city, used by the Company for the running of their cars, in the months of January and February, 1894. under the agreement between the parties dated the ninth day of May, 1893, the claim of the Corporation in the said action being for $526.69, besides interest and costs. And whereas, on the trial of the said achcn at the Assizes held here in the month of April, 1894, jud^s "ntered by the Judge for the defendants, against which ju. the Cor- poration directed an appeal to be taken. And whereas, on the fourteenth day of March, 1894, an action was instituted by the Company against the Corporation to re- cover $1,500.00 for damages for the alleged breach by the Cor- poration of the said agreement of the thirteenth day of May, i88g, and for money paid and work done and labor and men supplied by the Company for and to the Corporation, as alleged, besides costs. And whereas the Corporation and the Company have mutually agreed to compose the differences existing between them, as de- ill It tlji —23— clared and represented by the said actions, and also to enter into a new agreement as to the removal of the snow and ice, to prevent the general traffic from being interfered with thereby, from the streets used by the Company for the running of their cars, with a view of avoiding in the future any dispute as to the removal of snow and ice from the said streets for the said pur- pose, and as to the liability of the Corporation and Company respectively in connection with such removal. Now this Inden- ture witnesseth as follows : 1. The Corporation hereby agree not to prosecute an appeal against the adverse judgment in their said action against the Company, and to pay to the Company their costs of the said action upon taxation. 2. The Company hereby agree to pay to the Corporation on the execution of this agreement the sum of one hundred and twenty-five dollars, lawful money of Canada, towards the cost of the removal of the snow and ice by the Corporation from cer- tain streets of the city used by the Company for the running of their cars in the months of January and February, 1894. 3. The Company also hereby agree to abandon their said action against the Corporation and their claim of fifteen hun- dred dollars therein claimed, and release and discharge the Cor- poration therefrom, and the Company also hereby agree that the said action shall be forthwith dismissed without costs. 4. It is further agreed by and between the parties to this agreement that the Corporation and the Company shall each bear and pay one-half of the actual cost of the removal of the snow and ice from the streets of the city used by the Company for the running of their cars, between curb and curb of the said streets, except as provided in sub-section (h) of clause 4 of this agreement, but including the fallings from the roofs ot the build- ings and the shovellings from the sidewalks, as hereinafter pro- vided, and the snow and ice removed from their track by the Company, and the following conditions and provisions shall apply to the said removal of snow and ice from the said streets, namely : !:' ii -■■.J Ifr' ' W •:i9 tu —24— (a) That the City Engineer shall be the sole arbiter and judge to decide as to when it is necessary to remove the snow and ice from the said streets used by the Company for the running of their cars in the city, in order to prevent the general traffic thereon from being interfered with, and take such steps as he may deem necessary in regard to said snow and ice to render said streets safe and free from danger to general trafhc, and as to how much shall be removed on each occasion, and his deci- sion on the; matters shall be final and binding on both the Company and the Corporation. (b) That the snow and ice to be removed from the said streets used by the Company for the running of their cars shall include that falling from the buildings, and shovelled from the side- walks, and removed by the Company from their track, in all the streets of the city used by the Company for the running of their cars. It (c) That the Company will pay half of the cost of removing the snow and ice from the said streets within thirty days of the presentation of the account therefor, and the City Engineer's certificate of the cost of such removal shall be final and binding on the Company and Corporation. (d) That the Corporation shall not incur any responsibility to the Company for the removal of snow and ice, or any liability to the Company by the non-removal thereof. (e) That whenever the City Engineer considers it to be neces- sary that the snow and ice should be removed from the said streets used by the Company for the running of their cars, to prevent the general traffic from being interferea with, and to render said streets safe and free from danger, he shall forthwith employ men and means and have the said snow and ice removed by sleigh or cart accordingly. (/) This agreement as to the removal of the snow and ice from the said streets is to govern in all cases of such removal ; and notwithstanding anything contained in the said agreement of the nmth day of May, 1893, or in the Act of the Legislature of Ontario, 56 Vic, chapter 91, confirming the same, this agree- —25— m«nt shall be fully binding on the parties to the same as to the matters dealt with herein. (g) That the City Engineer mentioned in this agreement is and shall be the City Engineer of the City of Kingston for the time being. {k) That, notwithstanding anything in this agreement con- tained, the Company shall at all times, while using the same, at their own expense, keep their track clear of snow and ice, and plough and sweep the same. (i) That the phrase between "curb and curb of the said streets," above used in section 4 of this agreement, shall mean all that part of the said streets of the said City used by the said Company for the running of their cars lying between the sidewalks or boulevards, or sidewalk and boulevard, on each side of said streets, as the case may be ; and in streets in which there are no sidewalks or boulevards on each side, then the said phrase shall mean that part of the street used for vehicles and between the water tables on each side, or between the places where such tables usually are, except as aforesaid. (j) That if the Company make default in the payment to the Corporation of the Company's half of the cost of the said re- moval of the snow and ice from the said streets of the city, used by the Company for the running of their cars, as certified by the said City Engineer, within thirty days of the presentation to them of the account of said half of said cost, and of the said City Engineer's certificate certifying to the correctness of the same, an action may be forthwith brought by the Corporation against the Company, in any court of competent jurisdiction, to recover the same, to which action it shall not be competent for the Company to plead any defence except payment, if payment had been actually made before said action was brought, and which plea of payment must be verified on oath by the President, Manager, or Secretary of the Company, which oath, however, shall not be conclusive of the matter. (k) That in the construction of this agreement the words "re- moval of snow and ice " shall be interpreted to include spread- i i m i T 'Hi '■J 'If 1(4 . !i 13 ' • I! * — a6— ing of snow or ice or such other dealing with the snow or ice on said streets as shall, in the judgment and discretion ot the said City Engineer, be sufficient and proper to eflFect the purpose of this agreement as to said snow and ice, and the Company shall be bound under this agreement to contribute and pay to the Corporation ono-half of the actual cost of such spreading of the said snow and ice or of the other such dealing with said snow and ice in the same way as if said snow and ice had been re- moved from the said streets instead. In witness whereof the parties have hereto set their hands and seals. Signed sealed and delivered ) (Signed) I. A. Breck, (l.s.) m presence of [ Pr«. K. P. &> c. S. Ry.Co. (Signed) John Barrie. ) (Signed) John Herald, Mayor (l.s.) (Signed) John Barrie, (Signed) Michael Flanagan, Witntsus to Mayor's Signaturt. — a;— A Byla^w to adopt a no^w common Seal of tlie Corporation of tlio City of Kingston, and to cancel and atooliala tlio Common Meal no^nr In uae toy the said Corporation. Passed Monday, January gth, 1882. Whereas it is expedient to adopt a new Common Seal of the Corporation of the City of Kingston, and to cancel and abolish the Common Seal now in use by the said Corporation. Be it therefore enacted by the Council of the said Corporation as follows : 1. That the Common Seal now in use by the said Corporation is hereby cancelled and abolished, and shall not be further used or be ol any effect. Provided that all By-laws, debentures, notes and other documents to which the said seal has been here- tofore lawfully affixed, and which are now in force or unpaid, shall be and remain valid and binding, as if this By-law had not been passed. 2. That the seal, of which there is a description and a draw- ing immediately following this section, is hereby declared to be from henceforth the Common Seal of the said Corporation in the place and stead of the seal cancelled and abolished in and by the first section of this By-law. Description of the Seal adopted in Section two of this By- law and a drawing of the same : Description : —Shield, Chevron, with two Crowns (English and French), City on lower part, Beaver above, Shield support- —28— ers, Lion and Unicorn, on scroll the words "Pro Rege, Grege, Lege," and around the outer edge of the face of the seal the words "The Seal of the City of Kingston" and "Ontario." 3. This By-law shall take effect on and after the first day of March, 1882. (Signed) E. J. B. Pense, (l.s.) Mayor. (Signed) M. Flanagan, City Clerk. I . i^ A By>law to ctaftnare tlie names of certain streets In the City of Klnsston herein named. Passed Monday, June 30th, 1890. Whereas it is expedient for various reasons to change the names of certain streets in the City of Kingston. Be it therefore enacted by the Corporation of the City of Kingston as follows : 1. That the name of Park Street, near the lower Grand Trunk Station, is hereby changed to Hickson Avenue, by which latter name it will for the future be known, the reason for the change being that there is another street named Park Street in the city. 2. That the name of John Street, running from Division Street to Montreal Street, is hereby changed to Russell Street, by which latter name it will for the future be known, the reason for the change being that there is another street named John Street in the city. 3. That the street part of which is called George Street and part Picard Street, running from Division Street to Rideau Street, shall .hereafter be called Raglan Road instead of the names it now bears, the change being made partly because there is another street named George Street in the city, and partly at the request of the inhabitants of the locality. 4- That the name of James Street, running from CarHsle Street to Quebec Street, is hereby changed to Chestnut Street, by which latter name it will for the future be known, the reason being that there is another street named James Street in the city. 5. That the name of William Street, running from Princess Street to the Water Tower, is hereby changed to Tower Street, by which latter name it will for the future be known, the reason for the change being that there is another street named William Street in the city. 6. That the name of Victoria Street, running East from Divi- sion Street to Nelson Street, is hereby chang d to Stanley Street, by which latter name it will for the future be known, the reason for the change being that there is another street named Victoria Street in the city. 7. That the streets called Upper Bagot Street and Main Street, running from Colborne Street to Division Street, shall hereafter be called Main Street throughout, and by which name they shall for the future be known, the change being made in order to have a continuous name for the whole street, and also because there is another street called Bagot Street in the city, 8. That the streets called Johnson Street and Raglan Street, running from the harbor to the Western limits of the city, shall be hereafter called Johnson Street throughout, by which name they shall for the future be known, the change being made in order to have a continuous name for the whole street, and also because there is to be a Raglan Road. 9. That the streets called Rideau Street and Allen Street, run- ning fiom Barrack Street northerly to Montreal Street, shall be hereafter called Rideau Street throughout, by which name they shall for the future be known, the change being made in order to have a continuous name for the whole street. 10. That the name of the part of Gordon Street lying south of p_: „ Cfr""*^ \'^ horoU\r rVinncreH tQ TTnivfirsitv Avenue, bv which latter name the said part shall be hereafter known, the 111 • 'h ) li »» , —30— change being made in compliance with the prayer of the petition of the inhabitants of the locality, residents on said street. 11. That the street called Upper Albert Street, running from York Street to the concession line between the first and second concession of the Township of Kingston, shall be hereafter called Lansdowne street, by which name it shall for the future be known, the change being made because there is another street named Albert Street in the city. 12. That the small street runring from York Street to Quebec Street is hereby named Prime Street, as it has had no name hitherto. 13. That the street running from the western city limits to the lane on the "Ellerbeck" property is hereby named Davidson street, as it has had no name hitherto. 14. That the street forming the continuation of Stuart Street from Gordon Street to Albert Street, and called Herchmer Street, shall for the future be called and known as Stuart Street in conjunction with said Stuart Street, the two streets being hereafter known as Stuart Street, the reason of the change being to avoid confusion of the two names and to have a con- tinuous name fdr the whole street. 15. That the name of Liddell Street is hereby changed to Deacon Street, by which latter name it will for the future be known, the reason for the change being that it is popularly known as Deacon Street. 16. That this By-law is passed subject to the approval of the County Judge of the County of Frontenac. 17. That this By-law shall take effect at the time provided by law if approved of by the said County Judge. (Signed), W. M. DRENNAN, Mayor. ("L. S.l (Signed), M. FLANAGAN, ^ City Clerk. —31— An Act respectlniK the Del»t of tlie City of Kingston. Assented to 23rd ApriU 1887. Whereas the Corporation of the City of Kingston, by their petition, shew that by an Act of the Legislature of the Province of Ontario, passed on the 2nd day of March, 1872, the debt of the said Corporation was consoHdated at the sum of $470,000, of which sum $300,000 was a bonus granted by the said Cor- poration to the Kingston and Pembroke Railway Company, to assist in the building of the Kingston and Pembroke Railway, a work which will continue to confer advantages upon the rate- payers of the said city permanently ; and whereas by the said Act the said dabt was made payable in annual instalments dur- ing a period of thirty years, debentures therefor being issued accordingly, the last of said instalments falling due in the year 1901 ; and whereas since the said Act was pased the said Cor- poration has raised a loan on the credit of the debentures of the said Corporation of $25,000, also payable by annual instalments during a period of twenty years, the last of said instalments fall- ing due in the year 1896; and whereas there has been paid on account of the principal of the said debenture debt, besides the interest, the sum of $147,300, leaving unpaid of the principal on the 31st day of December, 1886, the sum of $347,700; and whereas the said Corporation has also incurred, since the pass- ing of the said Act, a floating debt amounting to the sum of $24,000; and whereas the said Corporation has petitioned to be authorized to consolidate the saicj floating debt, and to issue de- bentures for a loan for the payment of the same, bearing interest and payable as set forth in Schedule "A" to this Act, without providing a sinking fund or making other provision fcr the pay- ment of the principal than as hereinafter provided, the interest to be levied by an annual special rate, over and above all other rates, on the ratable property of the said municipality, and the principal of the said debt to be similarly levied for, in the years in which the said debentures therefor shall fall due respectively, as set forth in Schedule "A" to this Act, and also to be author- ized to relieve the ratepayers of the said city by effecting an ex- tension of the time for the final payment of a portion, amounting —32— to the sum of $305,600, of the said debenture remaining unpaid, by issuing and negotiating a loan or loans upon the credit of new debentures for the sums, and to be issued and payable as set forth in Schedule "B" to this Act, and without providing a sinking fund or ma.Jng other provision for the paympnt of the principal than as hereinafter provided, the interest and the prin- cipal to be levied for as aforesaid, and to pass without the for- malities required by law in such cases, all necessary By-laws for the issue of the debentures aforesaid and for the levying of tne special rates thereunder required for the payment of the in- terest and principal of the said debts as aforesaid ; and whereas the Council of the said Corporation have also asked for special powers in the matter of certain proposed debentures for a loan to purchase and improve the Water Works of the said city, or to pay a bonus to the Napai e and Tamworth Railway Com- pany; and whereas it is expedient to grant the prayer of the said petition : Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. This Act may be cited as ''The City of Kingston Debt Ar- rangement Act, 1 8b 7.". 2. The said floating debt of the said Corporation is hereby consolidated at the sum of $24,000, and the said Corporation is hereby authorized to issue debentures therefor, as set out in Schedule "A" to this Act, in sums not less than $100, and not exceeding in the whole the sum of $24,000, bearing interest from the date at a rate not exceeding six per centum per annun^ and to be issued as of the date and payable as set forth in Schedule "A," and to raise thereon a loan for the purpose of paying off the said debt of $24,000. , 3. The said Corporation is hereby authorized to liquidate each year from the passing of this Act, inclusive, the portions of the said debenture debt yearly falling due, amounting together to the sum of $305,600, as aforesaid, as set forth in column three of Schedule "C" to this Act, by issuing new debentures for such rkr>rf-ir»nc oo cof fr>ffK ir> r^niA ^^1. ..«<.» *U- — _r O-U- * ' ..<-««. • in sums not less than lioo, and not exceeding in the wh6le in any year the proportion of the said debt to be so liquidated in that year, as set forth in said column three of Schedule "C," and raising a loan thereon for the said purpose, which said deben- tures shall be issued as of the dates and be payable as set forth in Schedule «'B" to this Act, and shall bear interest from such dates at a rate not exceeding six per centum per annum. 4. The said Corporation is hereby authorized to pass a By- law, or By-laws, for the issue of the said debentures and the levying on the ratable property of the municipality of an annual special rate in each year until the said debentures shall all be paid, over and above all other rates, sufficient for the purpose of paying the interest on the said debentures, in each year while the same are running, and in the years in which the said deben- tures shall respectively become due, sufficient also to pay the principal of the debentures so becoming due, and it shall not be necessary to provide for the payment of such principal by a sinking fund or otherwise, until the years respectively in which the debentures for the respective portions of the same become due as aforesaid, in which years respectively the respective por- tions of the said principal due therein shall be levied for and paid as aforesaid, and the said By-laws may be passed without obtaining the assent bf the electors of the said municipality to the same, and without observing any of the other formalities re- quired by law in such cases, and the interest on the said deben- tures may be made payable yearly or half-yearly, as the Council of the said Corporation may provide in the said By-law or By- laws. 5. So much of the special rates provided to be levied by the By-laws under which the outstanding debentures for the said debenture debt were issued as would be required to provide the portion of the said debt to be liquidated in each year by means of a new issue of debentures as aforesaid, shall not be levied after the issue oi the new debentures for or in respect of the same, and nothing in this Act contained shall authorize the statutory limit of two cents in the dollar on the whole ratable proper. y ot ...e said mtmicipahty lOr tuc general and special iiif —34— rates of the same, over and above school rates, to be exceeded in any year. 6. The series of the said debentures to be issued for the said floating debt may be issued and dated as of the 31st day of December, 1886, and shall bear interest from that date. 7. No irregularity or informality in the form of the said de- bentures, or of the By-law or By-laws authorizing their issue, or in tl • ni:ig ot said By-law or By-laws, or in the special rates to be A under the same, shall render the said debentures, By-lawa or rates, or any or either of them, invalid or illegal, or be allowed as a defence to any action or proceeding brought or taken to recover or enforce the same, or either of them. 8. Every special rate to be levied under the authority of this Act may be levied under the name of " Debt arrangement loan rate," and when more than one such rate is to be levied in the same year they shall be levied together as one rate under the said name. 9. It shall not be necessary in the By-law or By-laws to be passed under this Act to recite any of the matters required to be recited in By-laws creating debts not payable within the year, but it shall be sufficient to state instead that such By-law or By-laws is or are passed in pursuance of this Act, citing it. 10. The debentures for the said loans may be, principal and interest, made payable in the sterling money of the United Kingdc a of Great Britain and Ireland, not exceeding in value the sums hereby authorized, and may be negotiated there. n. The Council of the said Corporation, in the case of the issue of debentures for a loan to purchase and improve the water-works of the said city, or to pay a bonus to the Napanee and Tamworth Railway Company, should such issue be first duly authorized for both or either of the said objects by By-laws or a By-law duly assented to by the electors of the said munici- pality and passed as required by law, may extend the period within which such debentures shall be payable to forty years from the date of issue. 12. Nothing in this Act contained shall affect the debt incur- —as- red by the said Corporation on account of the public schools of the said Municipality, or the debentures issued, or to be issued, for or on account of the same. 13. Nothing in this Act contained shall be held or taken to discharge the said Corporation from any indebtedness or liability not ii\cluded in the said debts dealt with hereby. SCHEDULE A- Amount ot the Deben- tures to be issued for Fkwting Debt. Date of the Debentures. Period tor which the Debentures are to run. Time when the Deben- tures fall due. 1 6900 00 7,400 00 7,800 00 1,900 00 Dec. 31, 1886 ti 1* 11 ■ 1 II II •1 II II 16 years 17 " 18 " 19 Dec. 31, 1903 " " 1903 " " 1904 " ■■ 1905 1 24,000 00 ! ■ i ! Mnounts for which new Debentures lor the pre^ sent Debenture Debt ar« to be Issued. $ 6,aoo 8,000 $ 1,800 10,300 a,8oo I 8,000 7.600 $ 14,200 X4.900 15,600 I 3,800 11,800 800 16,400 • 11,700 5.500 17,200 • 7.700 10,400 ■ 18,100 • 3.400 14.500 1,100 19,000 • 14,100 5.800 19,900 $ I0,200 10,700 • 6,100 15.900 20,900 23,100 24,200 22,000 • 1,700 18,500 2,900 $16,600 7.600 • 12,800 12,600 25,400 • 8,800 17.900 26.700 $ 4,600 23.400 28,000 —36— SCHEDULE B. Date of the issue as per Act. Dec. 31, 1887 ii •> ti " " 1888 11 Q«H V*«» ♦■l-»*» /^r>»-«»%*^**«» -^* 0y%*te QC .^^^ — . t _ «Mn^fc7 »v %j\j yiAiKx urjf m^ M/vxiipmxy at 9^X/«UU PCX UliUUIXi lUI ii -41— period ot ten years from the ist day of July, 1H93. Expires ist July, 1903. [Passed Monday, I'ebruary :9th, 1894. Confirmed by 57 V'\c., Chap. 69.] 5. A By-lav/ to exempt the property of the Kingston Vehicle Company (limited) from municipal taxation (except school taxes and rates for local improvement works) for a period of ten years from the ist day of January, 1895. Expires ist January, 1905. [Passed Monday, September, 1894.] 6. A By-law to partially exempt Joseph Carrington's "Tan- nery" from municipal taxation (except local improvement rates and school taxes) for a period often years from the ist day of January, 1894. Expires ist January, 1904. [Passed Monday, October 29th, 1894.] 7. A By-law to exempt the property of the Canadian Loco- motive and Engine Company (limited) from municipal taxation (except local improvement rates and school taxes, for a period of ten years from the 1st day of January, 1894. Expires 1st January, 1904. [Passed Monday, October 29th, 1894.] —42— III A By-law Relatlnir to and to Provide for the Resalatlns and Ucensinv Second-taand Stores and junk Stores In the City of KlnKSton. Passed Monday, April 30th, 1886. Be it enacted by the Board of Commissioners of Police of the City of Kingston as follows : I Every person opening or keeping a second-hand store or a junk shop in the city shall first obtain from the Chief Constable of the Police Force of the city a license, and shall pay him the license fee hereinafter fixed for such license, and the said Chief Constable is hereby authorized to issue such license upon receiv- ing the license fee therefor herein provided. 2. Subject to section 5 of this By-law said license fee shall be the sum of $5, and the license shall be for one store only, and shall be for a period of npt more than a year, and shall terminate on the 31st day of the month of December in the year in which it is issued. 3. The said license shall be issued upo»% and shall have, the following conditions endorsed on the back of the same, that is to say : (a) The licensee shall keep a suitable book, in which he shall enter as they are made all the purchases made by him, or by any one in his behalf, describing the articles purchased and stat- ing the price paid, and also the name and residence of seller, giving the number and street, which particulars he shall obtain from the seller, and also the date of the purchase. (b) The licensee, or any one in his behalf, shall not sell any article purchased by him until two days (not including Sunday) after its purchase, during which tim ^ he shall keep such article exposed to public view in his store, in the front part of the same, in a special place or compartment, and allow any person to ex- amine the same without charge. (c) The licensee shall not, nor shall any person in his behalf, purchase any article from any person who is under fifteen "ears of age. -43- (d) The licensee shall not, nor shall any one in his behalf, purchase any article which he thinks, or has reason to think, has been stolen, from the newness of the article, the marks on it, if any, the lowness of the price asked, or acceptable, or for any other reason, and shall inform the police of the attempt to sell such article to him. {e) The licensee shall at all times, between seven o'clock a.m. and eight o'clock p.m., on every lawful day or days, permit any detective or policeman to search, without a search warrant, his house or store, for stolen goods or articles, and to examine the book in condition (a) mentioned. (/) Each licensee shall keep suspended in a public place in his store, so as to be read by persons going therein, a copy of the provisions of this By-law relating to second-hand stores and junk stores, such copy to be furnished on application by the Chief Constable. (g) Upon the breach of any of the above conditions the said licensee shall be deemed guilty of a breach of this By-law, and liable to the penalty in such case provided. (h) Upon the licensee being convicted of a third breach of the said conditions his license shall be forfeited, and a breach of any one of the said conditions shall be held to be a breach of the said conditions, within the meaning of the condition. 4. The Chief Constable shall, without a warrant as aforesaid, visit, or cause to be visited, on every alternate lawful day, each licensed second-hand store and junk store within the hours be- fore mentioned ; but nothing in this section contained shall pre- vent him visiting, or causing to be visited, such stores at other times, when he s.iall deem it necessary or proper to do so. 5. The licenses now issued under "The Consolidated By-laws of the City of Kingston" shall be called in, and new licenses under this By-law shall be granted to the licensees by the Chief Constable for the current year, without a license fee, and for all new licenses issued during the current year only one dollar license fee shall be charged, and after the current year the —44— license fee fixed in section 2 of this By-law shall be charged, and all present licenses as aforesaid shall, as well as all new licenses, be subject to the provisions of this By-law. 6. That the Chief Constable, immediately upon receiving a license fee under this By-law, shall pay the same over to the City Treasurer of this city and take his receipt for the same. 7. That the licenses to be issued under this By-law shall be in the form set forth in Schedule A of this By-law, and shall be signed by the Chairman of the said Board and countersigned by the said Chief Constable, and shall have endorsed thereon the conditions aforesaid as hereinbefore provided. 8. Any person guilty of a breach of any of the provisions of this By-law shall, unless where another and different penalty is prescribed by the By-law, on conviction, be fined in any sum not exceeding fifty dollarr., exclusive of the costs of prosecution, and in default of payment of the fine and costs forthwith, or as directed by the convicting Magistrate, the said fine and costs may be levied by distress and sale of the goods and chattels of the offender, and in default of sufficient distress out of which the said sums can be levied, and in default of payment of the same otherwise, such offender may be imprisoned in the Common Jail of the County of Frontenac, with or without hard labor, for any period not exceeding six months, unless the said fine and costs be sooner paid. g. This By-law shall come in force and take eflfect on its passing. (Signed), JOHN L. WHITING, Chairman. —45 — SCHEDULE A. Tbe Board of Commissioners of Police of the City of KInKMtoii. 0) 0) •J j: ■M a « i2 to a o O V WJ o •a 00 s .a o ■*rf a ^ •s *^4 <0 13 o > ^^ "2 a O J3 m 1 sum paya c License Store. The Board of Commissioners of Police of the City of Kingston hereby grants to a License to keep a Store on Lot No. side of street, City of Kingston, from twelve o'clock noon on the day of i8 instant until the thirty-first day of December now next ensuing inclusive, under and subject to the provisions of the By-law passed by the Board of Commissioners of Police of the said City on the 30th day of April, 1886, entitled "A By-law Relating to and to Provide for the Regulating and Licensing of Second-!:and Stores and Junk Stores in the City of Kingston," and to the condi- tions endorsed on the back of this License. Witness the hand of the Chairman of the Board of Com- missioners of Police of the City of Kingston this day of A. D. 18 Chairman. t 5 fk -46- A By.law Relating: to I«lvery Stable KeeperB in the City of Kin,^ ton, and to I^icenstng: the Same. Passed this 3rd day of August, 1895. Be it enacted by the Board of Commissioners of Police of the City of Kingston as follows : 1. From and after the passing of this By-law every person owning or keeping, or intending to own or keep, a livery stable, or letting or intending to let out horses and carriages or other vehicles of travel for hire in the said City of Kingston, shall first apply to the Board of Commissioners of Police of the said city for a license, who may grant the same, which license, when granted, shall authorize the person in whose name it is issued, and no other, to keep a livery stable and to carry on the busi- ness or occupation of letting out horses and carriages or other vehicles of travel for hire or reward ; and no person shall keep a Hvery stable or carry on such business in the city without having first obtained and paid for such a license. 2. Every owner or keeper of a livery stable, licensed as afore- said, shall at all times keep, for the accommodation of the public, a sufficient number of safe, gentle and tractable horses, good, strong and sufficient vehicles and harness, and drivers, hostlers and other servants, who shall be sober, steady and careful men, competent to their business. And any such licensee who shall not keep such horses, vehicles and servants, as aforesaid, shall, upon being duly convicted of the offence, be subject to the for- feiture of his license, with costs, or, in the alternative, to the penalty and costs provided hereinafter for a breach of this By- law. 3. Any person licensed under this By-law as aforesaid who shall carry or keep, or suflfer to be carried or kept, any unprotected or exposed candle, lamp or lantern, or other light, or use or suffer to be used any smoking pipe or cigar, within his stables or other place where hay or other fodder shall be kept, or who shall keep or suffer to be kept any fire within the said stables or other place, shall, upon conviction as aforesaid, be sub- —47— ject to either of the penalties in the last preceding clause author- ized, and costs. 4. Any person licensed under this By-law who shall cruelly beat or in anywise ill-treat any horse belonging to him or under his charge, or knowingly allow any of his agents or servants to do the same, or who shall suffer any such hotse to be used when sick, lame, or otherwise in a condition unfit for travel, shall, upon conviction, be subject to either of the penalties in section two of this By-law authorized, and costs. 5. For the purpose of this By-law every horse in the posses- sion or under the control of any person licensed as aforesaid, his agent or servant, shall be deemed to belong to such person, unless he can prove to the satisfaction of the Chief of Police that any such horse is placed under his charge at the livery, and that he does not let out the same for hire or reward, and such licensed person who shall, when obtaining his license, or when called upon by the Chief of Police or other authorized officer of the said Board, misstate, conceal or otherwise deceive as to the true number of horses in his possession, or under his control or charge, shall, for every such offence, on conviction, be subject to the penalty and costs hereinafter provided for a breach of this By-law. 6. For the carrying out of the provisions of this By-law, and to ascertain whether any of the same are violated, it shall be lawful for the Chief of Police or other authorized officer of the said Board to enter into any part of the premises in the occupa- tion of any person licensed under this By-law, and inspect and examine the same, or any animals, articles or things therein contained ; and any such licensed person or other persons who shall obstruct or hinder, or cause to be obstructed or hindered, the Chief of Police or other officer as aforesaid in the execution of his said duty, shall, upon conviction, be subject to the penalty and costs hereinafter provided for a breach of this By-law. 7. It shall not be lawful for any person licensed under this By-law, with any horse or vehicle, to carry or sufter to be car- ried, any goods, wares, merchandise, baggage, burthen, or load- ing of any description, commonly carried by the licensed carters i Hi -48- of the said city, unless the same shall be for his particular use and that of no other person whatevei , or unless the same be con- veyed out. of the limits of the said city, when he shall be em- ployed in the regular course of his business, as authorized by this By-law ; and any such licensed person thus offending shall, on conviction thereof, be subject to forfeit his license, and to the penalty and costs provided hereinafter for a breach of this By- law. 8. It shall be the duty of the Chief of Police to enter, in a book kept for that purpose, the names of all persons receiving licenses under this Act, the number of his license, and the locality of the place of business of each ; and he shall, on being ordered by the Board and payment to him of the license money, make out and deliver a license to the person so authorized to receive the same, and all such licenses shall be numbered in yearly series from one upwards. 9. Every license granted under this By-law shall expire on ■ the thirty-first day of December next ensuing the date of issue thereof, and not otherwise, and shall entitle the person taking out the same to keep twelve horses and no more, and any such licensed person who shall at any time desire to employ a greater number of horses than twelve shall apply to the Board to have the desired additional number endorsed on his license, which en- dorsement and the payment of two dollars for each horse so added shall be his authority for employing such additional num- ber of horses until the expiration of his license. Any such per- son who shall at any time keep, to let out for hire or reward, a greater number of horses than is thus allowed by his license and the endorsement thereon, shall be subject to the penalty and costs hereinafter provided for a breach of this By-law. 10. The price of each licenoe under this By-law shall be ten dollars, which shall be paid to the City Treasurer before the issue of the license, and belong to the general funds of the city, and the City T'-easurer shall grant a receipt for the license money, and such receipt shall be produced to the Clerk of this Board, who shall thereupon issue the license as aforesaid, and such license shall be signed by the Chairman of the said Board, —49— and countersigned by the Clerk of this Board, who shall file the receipt and keep a record thereof, including the name of the licensee and the number of the license, and if the license issue after the first day of July the sum of five dollars only shall be charged. 1 1 . Any licensed livery stable keeper who breaks any agree- ment he has entered into with any person for the hire of a horse or horses and vehicle shall be deemed guilty of a breach of this By-law, and shall be dealt with accordingly. 12. Any person who breaks any agreement he has entered into with any licensed livery stable keeper for the hire of any horse or horses and vehicle by refusing to pay the lawful charge for such horse or horses and vehicle, or by driving beyond the place stated at the time of the hiring, or improperly using the horse or horses and vehicle hired, shall be deemed guilty of a breach of this By-law and shall be dealt with accordingly, and shall also pay such damages as the Magistrate shall assess. 13. No person having a valid license at the time of the pass- ing of this By-law shall be required to take out a new license until said license so held by him shall expire. 14. Words in this By-law importing the masculine gender only shall include females as well gs males, and the word "per- son" may be construed to mean more than one person wherever and whenever necessary for the proper construction of this By- law. 15. Every person keeping a horse or horses and vehicles for hire, other than such as may be included in and licensed under the By-law relating to cabmen and carters, shall be deemed a livery stable keeper, and a license issued under this By-law shall not authorize the licensee to act as a cabman or carter. 16. Any person who shall be guilty of an infraction of this By-law shall, upon due conviction therefor before the Police Magistrate of this city, or any Justice of the Peace having juris- diction, be subject to the specific penalties hereinbefore provided in the case, with costs, and in cases where there are no specific penalties provided the convicted person shall forfeit and pay, at I ■ — 50~ the discretion of the convicting Justice, a penalty not less than two dollars nor more than fifty dollars, together with costs, and in default of the payment of any money penalty and costs ordered to be paid under any provision of this By-law, the same shall be levied by distress and sale of the offender's goods and chattels, and in case of no sufficient distress to satisfy the said penalty and costs being found, it shall be lawful to commit the off-ender to the Common Gaol of the County of Frontenac in this city, there to be imprisoned for any period not exceeding six months, unless the said penalty and costs be sooner paid, 17. The licenses to be issued under this By-law shall be paid for as follows:— If issued before the first day of July, the full price shall be paid ; if issued after the first day of July, one-half the full price shall be paid. 18. This By-law shall come in force and take effect on its passing. 19. From the time this By-law comes in force and takes effect all By-laws contrary to, or inconsistent with, this By-law shall be and are hereby repealed. 20. Livery stable keepers shall be entitled to demand or take and receive the sums set forth in the following tariff" for the ser- vices therein stated respectively, and no more or greater sums, and no livery stable keeper shall demand or take or receive from' any person any greater sums for such services than are set down in the said following tariff, and the said charges shall not be affected by the number of persons driving in any vehicle, but no hirer of a horse or horses and vehicle shall overload the same or drive the horse or horses drawing any vehicle beyond the rate of six miles per hour (unless a special arrangement has been made by the owner to the contrary), or otherwise cruelly treat or beat such horse or horses. (Signed), JOHN DUFF, P.M., Chairman Police Commissioners —SI- LIVERY STABLE TARIFF. For every single horse and buggy, phaeton, cutter, or vehicle to carry two people, for first hour $o 75 For every additional hour o 25 For every single horse and vehicle per day of 12 hours or 30 miles' drive 3 00 For every single horse and vehicle for half a day of six hours ; 2 00 For every team and vehicle per day of 12 hours or 30 miles' drive 5 00 For every team and vehicle for a half day of six hours ... 3 00 For buggies, cutters, democrats, two-seated sleighs, etc., per day i 00 For a team and carriage per hour i 00 For every additional hour o 50 For every two-horse carriage to Cataraqui or the Roman Catholic Cemetery at a burial 2 00 For every saddle horse for two or three hours i 50 For every double team and carriage to and from dinner parties 1 50 For a team and carriage to and from balls, for both ways 2 00 For every additional hour after ordering the return... i 00 (Signed), JOHN DUFF, P M., Chairman Police Commissioners, VI —52- A Bylaw Rdallnv to and to Provide for the Ijcenalnv of Carters and Cabmen In the City of KlntcHton. Passed this 14th day of June, 1895. Be it enacted by the Board of Commissioners of Pc-ice of the City of Kingston as follows : CARTERS. 1. This Board may from time to time, as may be required by order, license as a public carter any sober, respectable person who is of the age of eighteen years at least, and who is provided with a proper horse or horses, harness and cart, and sleigh, or with a proper horse or horses and apparatus and tackle for drawing or transporting timber or other heavy loading, upon his paying the license money hereinafter mentioned to the City Treasurer, and producing the City Treasurer's receipt for the same to the Clerk of the Board, and the Clerk of the Board shall thereupon issue the license and shall file the receipt, and shall be entitled to re- ceive a fee of twenty-five cents for his own use from the licensee. 2. From and after the first day of January next the price or charge for a carter's license in the city shall be, for a double or two-horse team five dollars, and for a single team two dollars, a a single horse baggage or parcel delivery waggon with narrow tires, to carry baggage and parcels only, two dollars, subject to the provisions of this By-law. Provided that a license as for a double or two-horse team shall not be needed for the two horses which may be used under section eleven of this {by-law. Li- censed carters shall have the exclusive privilege within the limits of the city of Kingston of carrying loads on carts or other ve- hicles for hire. Provided that before any such license is issued the horse or horses, harness, cart, truck, vehicle and hauling apparatus of the applicant shall be inspected, and if found suitable passed by the Chief of Police, who shall certify their condition to the Board. 3. Every cart or other vehicle used by a licensed carter in his business shall have his name in full plainly painted thereon in —53- sonie conspicuous place, in black letters on a white ground, and also a number corresponding with the number of his license similarly painted beneath his Name, such letters to be one inch and a half long and three-eig'iths of an inch broad, which paint- ing and numbering shall be done under the supervision of the Chief of Police, and such licenses shall be numbered from one upwards in yearly series, and each new license issued in lieu of a former license shall bear *'\e same number that was borne by the former license, and any licensed carter who shall drive a cart or other vehicle in the city of Kingston without having the same painted and numbered as aforesaid shall be dealt with as for a breach of this by-law, and shall be subject to the penalty and costs in that case provided. 4. Each carter's license shall expire on the thirty-first day of December next following its issue, and if it has been issued after the first day of July only one-half of the license money shall be charged. 5. It shall be the duty of the Chief of Police to enter in a book to be kept for that purpose the numbers of the licenses issued to the owners of carts and other vehicles licensed (which shall also be the numbers to be painted on the said carts and other vehicles, respectively, as aforesaid), with the names of the respective licensees and their places, of residence, and no such license shall be transferable, neither shall it authorize the carter to employ more than one vehicle to be drawn by one or two horses, or mules, as the case may be. 6. No unemployed licensed carter shall, when called upon, neglect or refuse to take and draw a load, and no licensed carter shall refuse to load his cart or vehicle with any loading that may be conveniently packed or borne thereon not exceeding twelve hundred pounds avoirdupois weight for each horse, but he shall not be obliged to load or cany at any one time more than one pipe or puncheon of wine or liquor, or one hogshead of molasses or sugar. 7. No licensed carter shall charge, take or extort a greater price or rate for his service than that which is hereinafter authorized, and any licensed carter who shall be guilty of so ft ii —54— doing, or who shall he guilty of cruelty to his horse, or of fraud, deceit, gross negligence, drunkenness, profaneness, insulting or improper language or conduct, in following his calling, shall be liable to be dealt with as for a breach of this by-law. 8. If any accident or injury shall happen to any person, ani- mal, cart, carriage, vehicle or other thing, by reason of coming mto contact with any licensed carter's horse, or cart, or vehicle, or hauling apparatus, or with anything loaded thereon, while the same is moving, it shall be the duty of the said carter, or the driver of such horse and vehicle, or apparatus, immediately to •stop, and, if necessary, render assistance, and he shall also on demand give his name and the number of his license and vehicle or apparatus, and m case any damage or injury shall happen as aforesaid to any article or thing while conveyed by a licensed carter or by his driver in his cart or other vehicle or apparatus, in consequence of his or his driver's negligence, carelessness or inattention, or from the defect or insufficiency of his horse, vehicle, apparatus, harness or tackle (any of which is hereby declared to be an oflfence against this by-law), the said carter shall, by way of penalty, forfeit and pay to the person sustain- ing the damage or injury, or the owner or person having charge of such article or thing, the amount of the damages which shall be assessed by the Police Magistrate of the city, and such carter may also be dealt with as for a breach of this by-law, and on his neglect promptly to pay such damages his license may be for- feited. 9. Every licensed carter, when called upon by the Mayor, Police Magistrate, or any member of the police force, shall aid and assist with his cart or other vehicle in the conveyance to the police station house, or to prison, of persons arrested for any offence within the said city. , 10. The stands for carters when unemployed and waiting to be hired shall be those authorized and assigned by the City Council of the said city, and no licensed carter shall wait, loiter or remain, with his horse and vehicle or apparatus, on any part of the Market Squares, or on any public street, square, place, wharf or slip, in the said city, except on the said stands, unless when actually employed in his business as a carter. --55— 11. Kvery licensed carter who is provided with chains, wheels and other necessary tackle for transporting timber or other heavy loading with two horses shall be allowed to demand for drawing such load, not being store or shop merchandise, twice the usual charge. 12. Nothing in this by-law shall prevent a licensed carter, at his own option, from being employed by special agreement at rates other than the rates herein fixed, or from engaging by the }iour or by the day at such rates as may be agreed upon, but such agreements shall not be enforceable under this by-law. 13. No person shall carry or draw a load within the said city, or to or from any point not more than three miles beyond the limits of the city, upon any cart or other vehicle, or draw or transport timber or other heavy loading otherwise for hire, either directly or indirectly, without having a carter's license to such person, as required by this by-law, and each day any per- son so does shall be deemed to constitute a separate and distinct offence against this by-law committed by him. 14. All disputes which may arise with any licensed carter in the pursuit of his calling, or in connection with it, shall be in- vestigated and determined by the Police Magistrate or other member of the said Board. 15. The prices or rates to be taken by licensed carters for their services shall be the following and no other : — For each load drawn for the distance of three "blocks" of the city or under $0 15 For each load drawn for the distance of five "blocks" or under, and more than three "blocks" o 20 For each load drawn for the distance of eight "blocks" or under, and more than five "blocks" o 25 For each load drawn for the distance of twelve "blocks" or under, and more than eight "blocks" o 30 For each load drawn to any part of the city and for a greater distance than twelve " blocks " o 50 For the carriage of each cord of firewood and of every three loads of sand for the distance of five " blocks " and Uiiucr o 30 I ! i 1 -56- For the same for a distance of ten "blocks" or under, and more than five " blocks " $0 40 For the same over ten "blocks," or to the limits of the city o 50 For each load from the limits of the city to any point be- yond and within three miles of the said limits, an additional charge per mile of o 30 16. It shall be lawful for any member of the Board to sus- pend any carter's license for proved misconduct until the fur- ther action of the Board is taken thereon, and no person guilty of such misconduct shall afterwards drive any cart or vehicle for hire in the said city until said suspension shall be removed by the Board. CABMEN. 17. This Board may from time to time, as may be required, by order, license as a cabman any sober, respectable person of the age of eighteen years at least, who is provided with a proper cab, horse or horses and harness, as hereinafter required. Every chariot, coach, coachee, caleche, carriage, hackney, cab, barouche, landau, sleigh or other vehicle, except an omnibus, by whatever name or names it may be called, whether covered or open, on wheels or runners, drawn by one or more horses or other ani- mals, used for hire in the said city, or to any point or points not more than three miles beyond the limits of the city, for the conveyance of persons within the said city, shall be deemed a cab within the meaning of this by-law. 18. Every person licensed as a cabman shall, at the time of the issue of the license, be the owner of one or more good, sound, well-broken horses, a clean, well-painted, strong and commodious cab, and strong, suitable and good harness, and decent apparel for himself. 19. Every person shall, before getting his license, pay his license money to the City Treasurer, who shall grant him a re- ceipt for the same, which receipt he shall produce to the Clerk of the Board when taking out his license, and the Clerk of the Board shall file the leceipt, having first endorsed it with the number of the license, and shall then issue the license, and shall —57— be entitled to receive from the licensee a fee of twenty-five cents for his own use. 20. The price to be paid for a license for a single cab to per- sons residing within the limits of the city shall be two dollars. 21. Each cabman's license shall expiie on the thirty-first day of December next following its issue, and shall not be transfer- able, or authorize any person to act as or practise the business of a cabman except the person named therein or his authorized driver. e 22. It shall be lawful for any member of the Board to sus- pend any cabman's license for proved misconduct until the fur- ther action of the Board is taken thereon, and no person guilty of sue' misconduct shall afterwards drive any cab for hire in the said city until such suspension shall be removed by the Board. 23. Licensed cabmen shall have the exclusive privilege within the city of Kingston of carrying persons for hire in their licensed cabs. 24. Every licensed cab shall be numbered, with the number of the license granted to the owner thereof conspicuously painted on the outside back of the cab in white or gilt letters on a black or dark green ground, the letters to be one inch and one-half long and three-eighths of an inch broad, which numbering shall be done under the supervision of the Chief of Police. 25. Each cab or vehicle used for carrying passengers for hire within the city of Kingston, or to any point or points not more than three miles beyond the limits of the city, shall require and have a separate license in respect thereof. 26. A livery stable license or carter's license shall not author- ize the licensee to follow the business of a cabman. 27. The cabs shall be numbered from one upwards in yearly series, and the number of the license of each cab shall be worn in brass or white metal figures, at least one inch in length and three-eighths of an inch broad, fastened on a black varnished leather pendant suspended on the forehead of the horse or horses I! H It 'J -58- attached to the cab in respect of which such Hcense was issued, and such figures shall always be kept bright and clean, and shall be provided by the Board, and shall be forthwith returned to the Chief of Police by any cabman who ceases to be a licensed cabman, and each new license issued in lieu of a former license shall bear the same number that was borne by such former license. 28. Every person driving a licensed cab shall be clean, de- cently and suitably clad, and shall be responsible for the proper condition 'of his cab, horse, harness and personal appearance, and shall be of good habits and character. 29. Before any license is issued the cab, horse and harness of the applicant shall be inspected and, if found suitable, passed by the Chief of Police, who shall certify their condition to the Board. 30. No licensed cabman shall ply his calling or be allowed to ply his calling within the said city, or to any point or points not more than three miles beyond the limits of the city, unless he has complied and continues to comply with the provisions of this by-law relating to licensed cabmen and cabs. 31. Every licensed cab shall be thoroughly cleaned inside and outside in the morning of each day before being used, and oftener if necessary, and the horse and harness shall always be kept clean and neat. 32. No person driving a licensed cab carrying any person for hire shall smoke tobacco or other thing, in a pipe or otherwise, while so engaged. 33. No person driving a licensed cab shall drive to or remain at any house of ill fame, and the horse, harness and cab in charge of any such person so offending may be at once taken into custody by any policeman and removed to a place of safety. 34. No person shall carry or convey in a cab any person for hire within the said city, or to any point not more than three lui...., ncj^xivt inc umiia ui iijc i;iiy, wunout navmg a license as a cabman as herein provided. —59— 35. Any person employing any licensed cabman who shall detam the cab at his place of destination not longer than five minutes shnil be entitled to return in the same cab to the place of starting without being liable to pay any additional charge, and should such detention exceed five minutes and not exceed fifteen minutes the driver shall be entitled to charp jne-third of the original fare as fixed by this by-law as ret 1 fare, and should such detention exceed fifteen minutes a 1 not exceed thirty minutes the driver shall be entitled to charge two-thirds of said original fare as return fare, and if the detention exceeds half an hour the driver shall charge and be paid agreeably to the rate fixed for time. 36. It shall be lawful for a licensed cabman to charge and receive for conveying a passenger one-third more than the tariff rates herein fixed for services rendered after the hour of ten o'clock at night and before five o'clock in the morning from the first day of \pril to the first day of October in each year, and after the hour of nine o'clock at night and up to six o'clock in the morning during the remainder of the year. 37. No driver of a licensed cab in the said city, unless bona fide engaged by some other person in his calling, shall, when called upon by any person, neglect or refuse to carry and con- vey such person to any place within the city limits, or to any point not more than three miles beyond the city limits, for the lawful fare, which fare shall not be payable until the service therefor shall be duly rendered. 38. It shall not be lawful for the driver of any licensed cab to demand or take for the conveyance of persons from any place within the limits of the said city to any other place within the said limits, or to any place without the said limits and within three miles of the same, as the case may be, any higher fares or rates than the following, which they are hereby authorized to take, that is to say: From any point within the city limits to any other point within the said limits, except as hereinafter provided : For one person 0o 2^ For each additional person q jc i — 6o— For each passenger to or from any railway station in the city between 8 o'clock a.m. and g o'clock p.m $o 25 For each passenger to or from any railway station in the city between 9 o'clock p.m. and 8 o'clock a.m o 50 By the hour : From any point within the city limits to any other point or points within the said limits, for the first hour .... i 00 For each additional hour o 50 Unless the number of passengers exceeds two adults and one child over the age of 14 years, in which case the charge for each additional hour shall be i 00 From any point within the city limits to any point with- out the city limits, but not more than three miles be- yond the same, per hour , j 00 Any time over the hour to be charged in half-hour frac- tions at 25 cents per fraction. And any licensed cabman or driver exacting or taking any greater price or rate than the foregoing, except as in this by-law is provided, shall be deemed to be guilty of a breach of this by-law, and shall be dealt with accordingly. 39. There shall be affixed to and constantly kept hung up in a conspicuous place inside of every licensed cab, a white card- board card, eight inches long by six inches wide, on which card shall be plainly printed in black letters the number of the cab, the name of the person licensed therefor, and the tariff of rates authorized to be charged for the conveyance of passengers by this by-law, with such extracts from this by-law as the Board may order, and such cards shall be furnished by the Board free of charge. 40. The driver of any licensed cab shall, when required to do so by any person who has or is about to hire the same, exhibit the tariff card aforesaid to sucli person, and shall also, if re- quested, state his own name, the number of his license, and where he resides, truly to such person, and if he falsely states any or either of the said particulars he shall be dealt with as for a breach of this by-law, 41. No licensed cabman or driver of a licensed cab shall act -6i— as or use his team or cab as a carter, or as a cart, or drive or lend his horse or cab to be used as or in a cart for hire to draw loads. Provided always that a licensed cabman or driver as aforesaid may convey the luggage (only) of their passengers to and from the place of departure or arrival, without charge, with- out requiring a carter's license. 42. Every licensed cab driven or used in the night time, unless it be clear, bright moonlight, shall, while so driven or used, have fixed conspicuously, outside in front, on each side of the cab, two well-lighted lamps, at least three and one-half inches in diameter each way, with strong glass fronts and sides. Pro- vided that this section shall not apply to sleighs driven or used in the winter time, but the horses attached to such sleighs shall carry bells as required by law. 43. Any male person eighteen years of age or upwards, not the owner, may, upon written application of the owner to the Board, obtain a written permit signed by the Chairman of the Board, to act as the driver of a cab, upon producing a certificate of good character and competency, and no person shall drive a cab for hire as aforesaid except a licensed cabman or a person having a written permit as aforesaid, and the Board may cancel such permit at any time. 44. A licensed livery stable keeper may also become, on com- plying with the provisions of this by-law relating to cabmen and cabs, and on obtaining a cabman's license and paying there- for, a licensed cabman, subject to the said provisions. 45. The Board may also grant a license to any owner of an omnibus, subject to the provisions of this by-law relating to cabmen and cabs, who shall apply, and such licenses shall ex- pire at the same time as the cabmen's licenses, and the price to be paid for such license shall be ten dollars, payable before the license issues, and every omnibus licensee shall be subject to the said provisions of this by-law, except as to the fare he may take. 46. The owner or driver of an omnibus shall be entitled to receive anu take irom eacn passenger, lor a lare, to any point within the city limits, five cents, and from the city limits to and : I J, 5 Hi A f s. ni] -62- from any point or points not more than three miles beyond the same, five cents for each passenger, and no charge shall be made by cab or omnibus owners or drivers for children under four years of age when accompanied by a parent or other adult per- son, or for passengers' parcels. 47. It shall be the duty of the Chief of Police to enter in a book kept for that purpose the numbers of the licenses issued to owners of cabs licensed, with the names of the respective licensees, and each such license shall specify the name of the cabman licensed, the number of his license and of the cab, the description of the cab, and whether it is a one-horse or a two- horse cab, and the names of all holding permits as drivers ; and no such license shall authorize the cabujan to employ more than one vehicle, and the provisions of this section shall apply to omnibus licenses. 48. Every licensed cabman and driver shall strictly observe the provisions of this by-law relating to cabmen and cabs, and and any licensed cabman or driver who shall infringe any of the provisions of this by-law relating to cabmen and cabs, or who shall be guilty of neglecting to see such provisions strictly ob- served, or of cruelty to his horse, or of fraud, deceit, gross negligence, drunkenness, profaneness, insulting or improper language or conduct, while following his calling, shall be liable to be dealt with as ior a breach of this by-law. 49. No licensed cabman or his driver shall deceive, mislead, give wrong information to, or drive to the wrong place or address from that given to him, or to any disreputable or improper place with the pretence that it is respectable, any traveller, or any stranger or person arrived in the city employing him, and any such cabman or his driver so doing shall be liable to have hii^ license or permit forfeited or annulled, or may be held liable as for a breach of this by-law. 50. No licensed cab shall be used in conveying or carrying any person havmg any infectious disease, and if any such cab has been so used it shall be thoroughly disinfected before being again used to convey passengers, and every such cabman or his driver shall repoi i to the Chief of Police each occasion of his cab having been so used or employed immediately after such use or employment ; and any person acting contrary to this sec tion may be dealt with as for a breach of this by-law. 51. The stands for licensed cabmen, when unemployed and waiting to be hired, shall be those authorized and assigned by the City Council of the said city, and no licensed cabman shall wait or loiter, 01 remain with his horse or horses and vehicle on any part of the Market Squares, or on any public street, square, or place, or slip, except on the said stands, unless when actually employed in his business as a cabman. 52. No licensed cabman or his driver shall make an addi- tional charge for driving from the place where the hiring takes place to the place where thf> person to be driven is to be taken up, whether the person sent to effect the hiring rides in the vehicle or not, and whether the charge be made on the basis of distance or time, and in case of a disagreement as to distance, time or price, the same may be determined by the Chief of Police, in accordance with the tariff or other provisions of this by-law relating to licen.^ed cabmen and cabs. GENERAL PROVISIONS. 53. It shall not be lawful for any person to neglect or refuse to pay any licensed cabman or carter or omnibus driver whom he has employed, when lawfully demanded, the rates or charges which such cabman or carter or driver is respectively allowed to charge and take under this by-law, and if it be satisfactorily proved that the proper charge was so demanded, the person so neglecting or refusing to pay shall be deemed to be guilty of a breach of this by-law, and shall be dealt with accordingly. 54. Every licensed cabman and carter shall, while so licensed, keep and use only sound and safe horses, which they shall not ill-treat or use cruelly, and good, clean and suificient vehicles and harness ; they shall drive their horses at a reasonable pace, and shall not refuse to furnish their horses and vehicles when required at reasonable hours. 55. No licensed cabman, or carter, or driver, shall wilfully '•*i l,ll f^f u ■ -64- fail or neglect to fulfil an engagement he has entered into with any person to carry or convey him, or a load for him, and any licensed cabman or carter or driver so doing, without being able to show that his default occurred from unavoidable circum- stances which he could not control, shall be deemed to be guilty of a breach of this by-law, and in addition his license may be suspended for one week, during which he shall not exercise his calling. 56. No licensed cabman or carter or cabman's driver shall act as the runner, waiter or agent for any hotel, or tavern, or boarding-house, or lodging-house. 57. No licensed cabman or carter or cabman's driver shall enter or go upon any railway platform or wharf to solicit or im- portune any person to employ or hire his cab, cart, or other vehicle. 58. No licensed cabman or carter shall assign his license, or permit any other person to drive his vehicle, unless he shall obtain permission to do so from the Board, which permission shall be endorsed on the back of the license, and no licensed cabman or carter shall exchange, lend out, or permit to be used by others, his license, or the number of his vehicle and license, or shall have or use a different number than the one under which he is licensed. 59. No person having r'large of any licensed cab, cart or other vehicle shall snap or flourish his whip about, or haloo, or use any uncivil or boisterous language, whether on any stand or while engaged in his said business, neither shall he tease or annoy any person by his soliciting him to become his passenger, but he shall remain quietly on the stand, either sitting on his vehicle or standing near his horse. 60. The provisions of this by-law shall not be deemed to apply to persons conveying their own property, or their own families or friends, by their own vehicles and horses without hire. 61. No person having a valid license at the time of the passing of this by-law shall be required to take out a new license for the same subject matter until the license so held by him shall expire. -65- 62. No agreement or engagement whatever, at any tim«. or any occasion, made with the driver of any licensed cab, cart, or other vehicle, as aforesaid, for the payment of more than his lawful charge or fare, shall be binding on the person making the same, but any such person may, notwithstanding any "such agreement, refuse, on discharging said vehicle, the payment of any sum beyond the lawful charge of fare. 63. It shall not be lawful for the driver of any licensed cab, cart, or other vehicle, to leave the same unattended, or his horse unfastened, in any part of the said city, whether he shall be hired or not, and if so left it shall be lawful for any policeman to drive the same to a place of safety in the said city, and the driver or owner shall be deemed guilty of a breach of this by- law, and shall be dealt with accordingly. Provided that noth- ing herein contained shall be construed to prevent a licensed cabman or carter or driver from leaving his horse to get or de- liver baggage or other load, or to announce his arrival, or assist his employer into the cab. 64. It shall not be lawful for the owner or driver of any licensed cab, cart, or other vehicle, to let out for hire on the Sabbath day any horse, or any such cab, cart or vehicle, except for works of -Parity or necessity, or for the purpose of going to or from a p i of public worship, or to a funeral, under the penalty, in the discretion of the Magistrate, of forfeiting his license on being duly convicted, or being dealt with as for a breach of this by-law. 65. It shall be the duty of the Chief of Police to inspect all licensed cabs, carts, and other vehicles and apparatus, and the horses and harness belonging thereto, quarterly or oftener, in each year, and whenever the Board shall direct, and to report to the Board as to the state and condition of the same in writ- ing, and it shall be lawful for the Board to suspend the license of any cabman or carter whose vehicle or apparatus shall be found unsafe, insufficient or dirty, or whose horse or horses or harness is or are unfit, or unsound, or dirty. 66. Words in this by-law importing the masculine gender only shall include male and female, and the word "person"' may I r^ I' Lit' li —66— be construed to mean more than one person, and the word "horse" may be construed as meaning any draught animal, whenever necessary to a proper construction of this by-law. '^y. All licenses issued under this by-law shall bear date on the day of issue, and shall state the number of the license and of the vehicle to which it refers, the number of horses to je used m drawing the vehicle, the description of the vehicle, the price of the license, the date of its expiry, and the number of passen- gers wh'rh u. w be carried in the case of a cab or omnibus, the name of the licensee, and shall be signed by rhe Chairman of this Board and countersigned by the Clerk of this Board. 68. No rebate shall be made of or in any license money re- ceived for a license issued under this by-law, and on the for- feiture of any license issued under this by-law none of the license money shall be returned, unless otherwise ordered by this Board. 69. Any person guilty of an infraction of any provision of this by-law shall, upon due conviction therefor before the Police Magistrate of this city, or any Justice of the Peace having juris- diction, be subject to the specific penalties hereinbefore pro- vided in the case, with costs, and in cases where no specific penalties are provided the convicted person shall forfeit and pay, at the discretion of the convicting Justice, a penalty not less than two dollars nor more than fifty dollars, together with costs, and m default of the payment of any money penalty and costs ordered to be paid under any of the provisbns of this by- law, the same shall be levied by distress and sale of the goods and chattels of the offender, and in case of no sufficient distress to satisfy the said penalty and costs being found, it shall be lawful to commit the oflFender to the Common Gaol of the County ( Frontenac in this city, there to be imprisoned for any period not exceeding six months, unless the said penalty and costs be sooner paid. 70. This by-law shall come in force and take effect on its passing. 71 • From the timp thia hv.lau' />rt»v.ac ;„ f-— 1 x.^!. _ rr . — 67 — all by-laws contrary to or inconsistent with this by-law and the by-law entitled "A By-law Relating to and to Provide for the Licensing of Carters and Cabmen in the City of Kingston " passed on the 8th day of March, 1893. shall be and the same are hereby repealed. (Signed), JOHN DUFF, P.M., Chairman Police Commissioners. INDEX. E F. E B E E B B B B B B B: B Cj Ci Cs Ca Ca Ca INDEX. A. PAGE Alarms, fire Animals, cruelty to ^^ Assessor and his duties ^° Assessment, time of making " ^ Assessment of paddocks, lawns, etc. Auctioneers, licensing "° 48 B. Bagatelle tables, licensing Bailiff, High, appointment of ^^ Ball alleys, licensing _ '^^ Beggars, street ^* Berries, sale of .....[..... ^^° Bell, to establish a Curfew bell ^^^ Billiard and pool tables, licensing ........]....... ^^^ Blasphemous language ^^ 5 5 147 52 118 73 Board of Health, 1895 Board of Commissioners of Police, 1895 (aDD) Book, indecent or lewd, having in possession." exhibUing' or 'selling ' Bowling alleys, licensing *' " Bread Buildings, wooden, and fire limits Buildings, levels of cellars and basements, andplans of ' ." .go Butchers, licensing sale of fresh meat by Butter, sale of ■"" "^ By-laws, respecting the interpretation of *^^ ^^''w^'^'*"''"^ '^^ Consolidated By-laws', and to' 'ripe'al ' cert'ain by'- " By-laws, summary remedy to compel observance of ^ By-law No. 447. to amend ^ By-law No. 489, to amend ^l^ By-laws, Exemption, list of . . • .... 280 (app) 40 C. Cab and cart stands, appointing Cabmen and Carters, regulating, licensing . ',''''. Cabmen, tariff ^^PP^ Carters and Cabmen, regulating, licensing (aDol Carters, tariff ... / \ Cattle running at large, impounding 137 52 59 52 55 193 — 4- PAGE ; «j 52 277 30 39 224 45 41 5 5 42 27 Collars, respecting the levels of 260 Chapmen, pcUy, licensing Children, to prevent being on the streets after certain hours . . . , City Council, to regulate proceedings of . . 23 City Engineer -g City Engineer, to appoint (app) 38 Civic holiday, to appoint a day in each year for 274 City water works, rates 208 Clerk, City, duties of Clerk of the Markets, appointment of (app) Clerk of the Markets, duties of Coal, mineral, regulating sale and weighing of 114 Collector, City Commissioner, City Commissioners, License XVIII (app) Commissioners of Police, list of XIX (app) Commissioners of Police, By-laws of (app) Common seal, to establish (app) Contracts and supplies, public works 153 Council, to regulating the proceedings of 23 Council, members of, 1838 to 1846 V Council, members of, 1846 to 1849, inclusive VI, VII Council, members of since 1850 to 1892, inclusive • VIII, IX, X, XI, XI [, XIII, XIV, XV, XVI, XVII Council, members of for the years 1893, ''894 and 1895 (app) 2, 3 Council, list of officers of, 1892 XVIII Council, list of officers of, 1895 (app) 4 Court of Revision ^ j-g Court, Police, staff of XIX (app) 5 Court, Racket and Tennis, licensing . , 52 Cruelty to animals -q D. Days and hours, market 220 Dead, interment of 132 Debt, Arrangement Act, 1887 (app) 39 Deformed, malformed or diseased persons, exposure of 150 Dirt, ice, snow, removal of 136 Dogs, respecting »j Dox tax, respecting 282 Drains, branch, construction of 270 Driving, immoderate icg Drains and sewers, and annual rental for use of 181 Drunk and disorderly persons, vagrants, mendicants 150 B. Electric licht Doles and wirfts. recnlafincy ... -- _. — ^ j». Engineer, City 145 38 — 5— PAGE Engineer, City, appintment of (app) 38 Exemption, list of by-laws granting (app) 40 Explosives, gunpowder, etc . 1 1 1 Exposure of the person, indecent , 148 F. Fees and weighing charges, market 222-238 Fences, line and other fences 138 Fence viewers 138 Fire alarms 92 Fire arms, shooting off ... 273 Fire department and the suppression of fires 79 Fire department, officers, appointment of certain 275 Fire department, officers, list of, 1892 XVIII Fire department, officers, list of, 1895 (app) 4 Fire limits and wooden buildings 73 Firewood, and inspection of, and to regulate sale of 233 Fish, fresh, to license and regulate sale of 232 Forestalling 236 Fresh mea», to license and regulate sale of 229 Fruits, to regulate sale of 229 G. Gambling house, gambling 148 Gift sale or lottery, sale by way of ... 149 Grain, produce and roots, to regulate sale of 226 Grossly insulting language 147 Gunpowder magazine m Gunpowder m Harbour 198 Harbour Master, appointment of (app) 39 Hawkers and petty chapmen, licensing 52 Hay, to regulate sale of 227 Health, Board of, 1895 (app) 5 Health Officer, Medical, appointment of 78 Health Officer and Sanitary Inspector, appointment of 78 Health Officers, 1895, list of , (app) 4 High Bailiff, appointment of 47 Holiuay, civic, fixing a day in each year for 274 Houses, numbering of 132 Houses of ill-fame 148 House of Industry . 155 House, lock-up, establishing 152 Houses, victualling, licensing 61 159 147 — 6— Ice, snow, dirt, removal of * page. Ill-fame, houses of , ^^ Immoderate driving Immorality and indecency, prohibited ] . , Impounding of cattle and establishing pounds and "appo'iming 'pound keepers , , 194, 280 Indecent exposure of the person o Indecent, immoral or lewd plays, performances," sho'wsVetc! prohVbiied! I47 Industry, House of ^ Inspection of milk and other articles offered for sale ^^^' ^ ^ Inspector of Firewood, appointment of Inspector, Sanitary "5 233 , J Insulting language M7 Intelligence offices, licensing Interment of the dead - - Interpretation of the by-laws, by-law respecting ........ . . . . . . "... .' 138 21 Junk stores or shops, licensing * Junk and second-hand stores, licensing • (app) K. 56 42 208 Kingston City Waterworks Department Kingston City Waterworks, rates and rules ^11 Kingston Street Railway. Act to amend theAct" to incorporaie"and io confirm an agreement / > Kingston, Portsmouth and Cataraqui 'sVr'eet' Railway Company', snow agreement / . (app) 22 h,. Language, insulting Lawns, assessing '^ Licenses:— *^° Auctioneers Bagatelle tables .......!..!!..!....! ^^ Ball aucys ^ Billiard and pool tables ^^ Bowling alleys 52 56 52 229 • (app) .(app) Cabmen Carters " ' Fresh meat, sale of Hawkers and petty chapmen ,2 Intelligence offices Z. Junk stores or shops ^ Livery stable keepers ' *"" ■"■!^' '!■";;;;;;;;;' i;;;;" :(appi 46 Racket or tennis courts Taverns and shops license duty of Theatres, shows, etc ......... o Transient traders Z, 62 — 7— PAGE. Victualling houses 6i License Commissioners and officers, 1892 XVIII License Commissioners and officers, 1895 (*PP) 5 License, general clauses 65 Limits, fire, and wooden buildings 73 Line lences, fences, and fence viewers 138 Livery stables, keepers, licensing, regulating (^PP) 46 Livery stables tariff (app) 51 Local iiiiproveraents, to provide the means of ascertaining and detaining the property immediately benefited by local improvements 262 Lock-up house, establishing 152 Lottery or gift sale, sale by way of 149 91. Magazine, powder iii Markets and market fees and weighing charges 217 Market No. i , sale of certain articles prohibited on 236 Market Cterk, etc., appointment of (app) 39 Market Clerk, etc. , duties of 224 Market measuring and weighing, payment for, and where to be done 227 Meat, fresh, licensmg and regulating sale of 229 Members of the City Council (see Pupra letter c). Mendicants and drunken persons 150 Milk, inspection of 115 Mineral coal, to regulate sale of 245 Morals, public 114, 147 N. Notices, injuriesi to property and 144 Nuisances , 120 Numbering of houses , 132 O. Obscene language 147 Obstructing streets 159 Officers' salaries, relating to , 48 Officers, City, list of, 1892 XVIII Officers, City, list of, 1895 (app) 4 Officers, Police, list of, 1892 XIX Officers, Police, list of, 1895 (app) 5 Officers of Fire Department, appointment of certain 275 Offices, Intelligence, licensing 63 Office, Police Office and Station 152 Officers, Vaccination, to appoint 131 Oils, regulating the keeping of certain ... no P. Paddocks, parks, lawns, assessing . , tto Parka, public 140 Parks, Superintendent of (app) 4 Pawnbrokers and pawnbrokering, licensing 273 Person, indecent exposure, exhibition or clothing of the 148 Petroleum and other oils, regulating the keeping of no Petty chapmen and Hawkers, licensing rj Placards, indecent, on walls or fences 147 Pictures, drawings, indecent, on walls or fences 147 Poles and wires, telegraph, telephone and electric lighting regulating.. . . 145 Police force, to establish j.j 5 5 5 Police Commissioners, list of XIX, (app). Police Office and Station Police Court, staff of ! ! . . XIX, (app) Police officers, list of XIX. (app) Polling sub-divLsions, to divide the city into 284 Pounds, to establish and appoint pound-keepers ig3 Pound-keepers, appointment of ig. 280 Pound-keepers, list of (app) Powder magazine j^ j Privies, cleaning of and removal of night soil 254 Proceedings of City Council, regulating 23 Produce, sale of 226 Profane swearing j ._ Property benefited by local improvements, to provide the means of ascertaining 262 Property, injuries to and notices Public markets Public morals Public parks Public School Board and officers of, 1895 (app) Public works, contracts and supplies 153 144 217 147 14a Racket and tennis courts, licensing 52 Regulations, market 220 Rents, water rents and rates in arrears, collection of 251 Removal of « ; jw, ice and dirt jog Revision, Court of ,,„ Rink, roller skating -3 Roman Catholic Separate School Board and officers of 1895 (app) 5 Roots, to regulate sale of 226 Salaries, officers, relating to 4g Sale by way of lottery or gift sale 149 Scavenger, general, appointment of and duties of 256 School Board, Public, and officers of. 1895 (app) 5 School Board. Roman Catholic Separate, and officers of, 1895 (app) 5 Seal, common, to establish ,,,,,,,, ,,(ann) 27 Second-hand stores, licensing (app) 42 — 9— Sewers and drains, and annual rent for use of ''*°'- Sewers, branch, construction of Shooting and firing off guns, pistols.' etc! ""^^ Shops and taverns, license duty ' *" ^''^ Shops, junk, licensing ^59 Shows, theatres, licensing' .*.'."."*.'.'.'.'''',".".' ^^' ^^^^^ '*' Sinks, to compel the construction of ^^ Skating rink, roller ^72 Snow, ice and dirt, removal of . ^^ Solicitor, City ^36 Straw, sale of ' ' 37 Stands, cab and cart, appointing .*.. "^ Streets, respecting *37 Snow agreement. Street Railway ^^^ Summary remedy to compel observance of by'laws ^'^^^^ ^f Sub-divisions, polling, to divide city into ^l Supplies and contracts, public works ^ '* Surveyor, City, to appoint • (apP) 153 38 Tariff, cabmen Ta r i ff , car t er s ...!...... ^® ^^^ Tariff, livery stable keepers ^^^^^ Taverns and shops, license duty ^^^^^ ^^ Taxes, payment and collection of *^^ 59 55 Telegraph, telephone and electric lighi pole; 'an^* wires, 'regulating i!! Tennis courts, licensing K"""«ng 145 Theatres, shows, licensing ] . ^ ^* Time for making the assessment, to fix ...,!. ^^ Transient traders, licensing ^ Travellers, importuning [ ^ ^^ 1 seasurer, City ^73 Trees, to encourage and regulate the planting of ^* Trustees, Public School Board of. and officers pf, 'I'sgV V.^'' '*' Trustees, Roman Catholic Separate School Board of. and officers^o'f ' 1095 , ' (app) 5 Vaccinating officers, to appoint * Victualling houses, licensing ^^^ 61 Waterworks Department, City, establishing Waterworks. City, rates and rules '^^ Water rates and rents in arrear. collection of ^°^ Wires, telegraph, telephone and electric light, regulating oi 'f ' Wooden buildings and fire limi.s ^^ ■ 73