^'V^ .i ^K ^■ ,0. ■*.f IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 lis 125 |3 2 HII^SEE:r M 1.8 U 11 1.6 v:

arr to thr MCt-tionN of tiM- .^liinicipnl Act of INM.'I. Hvv nls» liulrx at cud of lhi» book for uiatti^ra rt'lcrrvd f in lhi» VitU'udmr. JANUAIIY, January 1. — Yearly tiiies are to be computed from this date, unless otherwiae ordered. (Sec. 3<36.) 10. — Last day for return to be transmitted to Provincial Secretary by Clerk of Municipality issuing Debentures. (Sec. 3 of Kev. Stat. Ont. Chap. 176.) 15. — Last day for Treasurer of a Municipality indebted to ]\[unicip'tl Loan Fund to makb returns to Provincial Treasurer. (Sec. 3b3.) .30. — Owners of unoccupied lauds to send their name, reHidence a!id address on or before this day, so as to avoid b(jinj» assessed as nuu-ve.sident.3. (Sec. 8 llev. Stat. Out., chap. IKO.) 31. — Last day for every Council to make yearly report to the Provincial Secretary of corporation debts. (Sec. 88.) Last day for auditors to discUarj^e their duties. (Sec. 270.) FOR RAYS OF THE WEKK IN JANUARY. On first Monday in Jautuiry, members of Councils to he elected. (Sees. 8« and H'J.) All Municipal Councils (except County Councils) to meet on tl.ird Monday in January, at eleven o'clock a.m. (Sec. 221.) County Councils hold their first meetiu inhabitants. 2. A petition to the County Council or Councils must be made by at least l'M> residents, freeholders and householders of the vilhige, of whom one-hall must be freeholders. 8. J')y-law ot the County Council or Councils creating the villag»j, givnig it its name, detining its boundaries, and appointing the time for the lirst elec- tion to take [dace, and also the returning otlicer. If the village has less than l,(i()() inhabitants, its area must not be more than 500 acres. This area can not be alterwards increased except at the rate of '200 acres for every additional thousand persons. The land occupied by streets and public squares is not to be considered as part of the areu when extend- irnj the limits ot the village. The law is not clear as to how sqi.ares and streets are to be taken when the village is formed orisj;inallv. whether thev should be included as part of tlie first 500 acres or not. The better opinion would seem tD be that they should not in this case be included. With regard to the subject of extension of villages just alluded to, this may be done by the Lieutenant- Governor on petition of the village council. When the newly incorporated village lies within two or more counties, the County Councils should by bv-law annex the village to one of the counties. If this be not done within six months, tho ^Yardeus are n\NT>-B'>OK. 1$» (Toquirpfl to nr^tifv tin' Provincial riiontonaiitrTovcrn- or-in-Coiinftl. sottuiij; fortli tlio t,'roiuuls of ov\;rnor-in-Ctuincil to annex the vilhif^'e to one of the counties. • In the event of the Wiirdeiis nerjlectiii}; to notify *ho ljieut('nant-(iovenior-in-Council, tluMi one hun- dred freeholders and householders on the census listof tl'.e village, may, within one mi)nth after the six months havii expired, memorialize the Lieuten- ant-Governor. The Lieutenan'i-Governor may act upon such memorial hyannexingthevillacfo to either County. When a ])ortion of an incorjioratod villaj^o is hy any of the ahovc methods taken from one county and jinnexed to another it hecomes necessiiry that the .share of the county deht belonginjj^ to the part so detached, .should he borne by the county to which it is annexed. The municipal act pro /ides machin- ery for this purpose. A villajj^e may be lessened in area as well as increased. This is done by a by-law of the County Council upon petition of the village council. To eftect tlr's, the village must not have any more debt than double its last annual tax rate, and the popula- tion musi uuc be reduced below 750 people, nor can municipal rights or privileges of the village be inter- fered with. The land so cut off must be only such land as is used for farming purposes. In 1883 the TiCgislaturo passed an azt by which a village may cease to be incorporated. This is done, tirstly, by a vote of two-thirds of the village council. r il to MCNICIPAli CoUNOlLLdRH Aiid Buch rcBoiutioii heiii(^ aii()|)l(.Mi l>y a vote of tlie rutc'iuiyora. Then it is necesMury tl)iit aft adjoining niunici|iality or uinnicipalities, as tiie case may he. should hy rcsohition aii[)rove ofthe annexation of the unincoi'[)orated vilhtgo, and lastly, the Lioutenaut- Go\ern''r completes the act hy a uro«rlaniation. If the territory of the uiiineoroorated village ie annexed to two or more innnicipiwhtics, these must by agreement, or arldtration, fix among themselves the proportion ofthe village debts to be borne by them, us well us the share ofthe assets acquiri.'d from the village. The part which co prised the village may he charged for a time with a special rate or relieved of any rate, by the mimicipality or munieij)alitie9 to which it is annexed. A villutje or town may be annexed to an adjacent vil- laije, town <»r Htif by mutual resolutions of the munici- palities concerned. II. — Formation of Towns and Cities. A village or town council may at any time pass a by-law^ to have a 'lensus taken. When a village has 2,0U0ofa population it may become a t>wn, and "When a towii reaches 1"),(>J0,* it may become a city. The method of proceeding is by the village or town council advertising a notice in a newspaper of the village or town for three months. The notice seta forth the intention to become a town or city as the case may be, and describes the limits. iJie head of the corporation must send a certified census return, and prove the publication of the notice to the Lieu- *It hasbeeu usual for towns of 10,000 of population to apply to the Legiblature for a special act of iucorporatiou as cities. HANn-HOOK. 21 [XIKS ft !i|^'0 has 1, and a city. |r town .f the Ice sets as the head of return, Lieu- apply 1 cities. kenant-Oovernor. The latter, bynmkingaproclama tion, causoH ilio c]r,nf,'e to be made. If the vilhi^'P or town has no newspajier, tlien the notice is .- he inserted in the newspaiur in the county town, and four notict sarein 8Uih case required to he posted up in f(tlO for each Deputy -Reeve) freeholdern and householders in the said Township (Town or Vilhigens the case may be) possessing the same property qualification as voters. \}\.) That no alteration reducing t)io limits of tho said Municipality, and. the number of persona posscBsing the same pioperty ([ualification as voters below hx\x\- i\rc(\. {~){)(\ for each Deputy -Iletrr) has t:'kcii place since the said roll was last revised. A. IJ, In Cities, The Council is composed oi the Mayor. h ; *l. 82 UUNICIPAL COrNCILLORK who is the head, und three Aldermen for each Ward. In To%»ns, the ('ouncil is composed of the Mayor, who is the head, and three Coiincillors for each Ward, where the Wards arc less than hve. If there are five or more Wards there are two Councillors for each Ward. Thus a Town with only four Wards lias more Councillors (12) than a Town with five Wards, which will have only ten Councillors.*' In case the Town is not separated from the Coun- ty it has a Keeve and also Deputy-Reeves, there be- ing a Deputy-Reeve for each 500 inhabitants ;)os.se.w- injf the same qunlifieation as voters. Among these 500 are to bo calculated such freeholders and house- holders wlio, although they are such, are yet not voters. In Villaifes the Council is composed of a Reeve, who is the head, and four Councillors. If the Vil- lage has the names of 500 freeholders and household- ers on the last revised assessment roll, possessing the same ifnalification as roteis{see preceding paragraph), then the Council is composed of a Reeve, Deputy- Reeve and three Councillors. For every additional 500 the village is entitled to another Deputy-Reeve, who takes the place of a Councillor. fn Townships, the composition of the Council is the same as just described in regard to villages. But, as has been mentioned in a preceding page, a Township may be divided into wards, while a Village *A Tovv'ii with less than five Wards may row reduce the (vonncilloi'8 for each Ward to two. This is done by a peti- tion of at least 100 electors to the Council, who then passu l>j'-law, which by-law must bo sanctioned by a vote of the electors. Any time after two annual elections the same |)irocecdinj48 may be taken to repeal the change and restore the three Councillors. HAND-BOOK. 31) tcan not be so divided. ^Vhero, thcvoforo. tlioro are warils in a Townshi]), CoMiunllors iirt- elected for the respective wards. But there cannot bo nn in- crease of wards so as to iu'^rease the number of "Conncillora. • in Proinsionnl Corftnrntions (see paj:jo 25 i the Rpt'ves and Deputy-Reeves of the municipalities within a Junior County for which a Provisional Council is estabhshed shall by virtue of their local tenure of office iis Reeves, Councillors, etc., be the members of the Provisional Council. Qualifications, Having explained how the Councils in the several municipalities are composed, we will now speak of the qualification which the members must possess. Firstly. — Every member of the Council of any municipality must answer to the following require- ments for his office. » 1. He must reside within the municipality or withiu Lwo miles thereof. 2. He must be a natural born or naturalized Brit- ish subject.* 3. Must be a male of the full age of twenty-one years. 4. Must not come within the list of persons dis- qualified, who are mentioned hereafter under the head of "Disqualifications." These are the general requisites for every mem- ber ol a Council, whether Mayor, Alderman, Reeve, •As to who are British subjects avoryloug chapter minht be written, to exphiiu under various circumstauces which arise, v ho is a subject aud who an aHen. The rules of in- ternational law have changed somewhat of late years in regard to this matter. " 'm 84 MUNICIPAL COUNCILLORS Deputy lioeve or Conncillor. Besi'lcs tlicsc therein a iin)j)t'rty qnalifioiitioD [irescribcd as follows :- In Villages. -Freehold to $GOU, or leasehold t(' $1,200. In Towns.— Freehold to $800, or leasehold to $1,000. In Cities.- -Freehold to $1,500, or leas.jold t(^ .SiS.OOO. In Townships. — Freehold to $400, or leasehold tc*- ^800. And where the qualification is imrtly freehold and partly leasehold, it can he taken prt)j)ortionately. The pro]>erty may be held in a meuiher's own riii;ht, or in that of his wife, so as to qualily hini. It Hjay be projjcrty of which he has » deed, or it insufficient if he is entitled to itin other ways, with- out actually having the deed in his name. It must be worth the required amount o/er and above all charges, liens and encuujbrances, as for instance, mortgages and executions. The assessuent roll determines what is the va'ue of the property. But this is necessarily otherwise m new Townships, lor which there has been no as- sessment roll. AVith regard to the leasehold qmilification it must be at least a tenancy for a year. Disqualifications. The following jicrscns can not be members ofain mrinicii)al council : — Judges of Courts of Civil Jurisdiction. Gaolers or Keepers of Houses of Correction. tSheritfs, Dei)uty-Sherifi's and Sheriffs bailiffs. High Bailiff or Chief Constable of any City or UAND-nOOK. u 3c there ij- ws :- schold t(- sehold to isehold to ehold and (iiatoly. )er's own y him. eeJ, or it [lys, with- o/er and es, as for the va'ue otherwise ecD no as- on it must )crs ofanv bion. )aihffs. y City or Town. ♦ Assesssors of awv ^f""'cil>'inty. Collectors " " Treasurers '• ** Clorks " •* ^ Bailiffs of Division Courts. County Crown Attorueyj. Rej^'istrars. Deputy Clerks of the Crown. Clerks of the County Court. , Clerks of the Peace. Inn Keepers, Saloon Keepers, or Shop Keepers licensed to sell spirituous liquors by retail. License Commissioners, and Inspectors of Li- censes. . Police Magistrates, and Persons having by themselves or partners an in- terest in any contract with or on behalf of the Cor- poration. ' These Inst named persons (as indeed to a largo extent the others) are disqualified so as to guard against the abuse or mischief of a councillor's private interest conflicting with his duty to the public. As instances of persons who have been taken by the courts to come within this class, may be mentioned the following: — A wood and coal dealer who had tendered for the supply of wood and coal; a baker who had contracted to supply bread to the gaol ; a surety for the corporation treasurer ; a person who contracted with the corporation to maintain a bridge for forty years, etc., etc. It matters not whether the contract is in the name of the person himself, or in that of another, 'Mi MUNICIPAL COUNCILLORS as loiif^' us tljt; poraon is Kally tlic contractor, Tlio Ix'st cpiiiiou seems t'» be that where tho wort. Ik eotuphteil under a e-Mitract and nothing,' reniHiiis but iiuynient, tlio contraeti-r would not be disquali- tiod. However, if there is any unsettled disi>ute arisin*? out ofth(! contract (as to the amount due, fi rinstaiico, thouj^'h the contract is actually completed, yet the contractor would be disqualitied. ]f a man is an agent only of p person having ft contract with tlie corporation he is qualified. But a partner of a person liaving a contract, it will be observed, is disqualified. It is considered by good authority that a sub- contractor would not he ■ isqualificd. The disqualification relates to the date of the elec- tion, not merely to the time of acceptance of office ; it might go so far back as nomination day. So it would ])e rrudcnt that a person having a contract Hhould ])e lieefrom it before being nominated. If the election is by acclamation, the objecti'^ii to the party being disqualified by reason of a contract at the time of the election can not afterwards her taken. If a member of a Council is also a shareholder in a company, though ho is qualified in other respects, he can not vote on any question affecting the com- pany. Thus, where four out of five members in the ('ouncil of tho then village (now the town; of Al- monte were altio .shareholders of a certain company, and voted a bonus to the company, which bonus was vatititd by the ratepayers, the by-law was s.^t aside bv the Court. lUND-HoOK. 87 tho wort remains- (lisquali- te arisinpr iiistiincG) , yet the- bavin.*,' fi. id. jntractr it lat a sub- )f tbe eloc- i of ofi&ce 'y ly. So it a contract ted. pcti^ii to i;ontrnct svardfl be^ L'hoicler in respects, the com- lers in the m) of Al Icompany. I)()niis was s.^t aside Exemptions. The ))r(He(lin|,' paiHi^nipbs relate to persouH who are disqualified. Tin re are also otbers who, nlthnmjh 'lutili/it'd, may, if tluiy choose, < laim to be exempted. The ordinary rule is that people who are qualified mnst serve, if elected. The following is a list of those who may exercise, at their option, the right to refuse being elected. : Members of the Legislature, Senate or House of Conimr-ns. Persons in tbe Civil Service. Judges, who are not disqualified as before men- tioned.^' Coroners. Persons in Priests' orders, O'lergymon and Minis- ters of the Gospel of cv'}ry denomination. Jiarristers, or students at law. Attorneys and StdicitorB in actual practice. All officers of Courts of Justice. Physicians and Surgeons. Professors, Masters, Teachers and other mom bor.'J of any University, College or School in Ontario, and all officers and servants thereof. Millers. Firemen belonging to an authorized Fire Com- pany, f *Tlie meaning of this is that there arc certHin .Tndj^eH who are absohitely disquidifiecl. Tiiero are otlier.'* who nn not, but they may claim eNeniptiou. fEven after tl)ey cease to ho Firejiien. if tliey haveserve • usidered a resident. Fdnners sons, — TJie qualification of farmers' son» needs special pi' itioi k. iarmer's son must be twelve months a resitleni, p] lor to the return of the assessment roll by the Assessor. If the farm is rat- ed only for enoi gli to give the father a vote, then the son ^^ ill have none. According as it is rated suillcient, so will so many sous, according to the value ot the farm, (if divided equally between them) beginning with tlie eldest son, have a light to vote. A farmer's son has a right to vote, where a mother owns the property. Absence from time to time during the twelve months will not disqualify a farmer's son, provided that tals en altogether the times do not exceed four montlis. The farm must be twenty acres, and occupied by the father or mother, who must be the owner. The father may be a step father, but it does not appear that the term mother, would include step-mother. Tax defaulters, — If the municipality passes a by- HAND-BOOK. 45 ,iier law to ilisqiulify electors who have not paifl taxes before the 14th December, then any such persons have no vote. The list, if returned by the Collector to the Treasurer, is verifiocl by the oath of the Treas- urer; if it is not so returnerl, then by the oath of the CoJleetor himself. • . The list contains income tax tlefanltcrs, and also, in case the municipality has ])asRPfl such a by-law as has just been spoken of, also the defaulters in pro- perty taxes. It will be observed that with or with- out such a by-law an income voter must have paid his tax. A pro])erty voter is not disqualified unless the required by-law of the municipality to disqualify such voters has been passed. Voters' list final . — An elector must be named on the voters' list to entitle him to vote, and the de- faulters' list is the guide as i;o whether he is disquali- fied in respect to non-payment of taxes. A mis-spelling of a voter's name does not prevent his voting. Even a wrong Christian name, such as "Joseph" for "James"' does not disentitle- a voter, and it has been held that "Thomas Anderson" has a right to vote when he was described as "Thomas Sanderson." The main question is, whether the voter is the identical person on the list. Voters iti Xeiv Municipalities- — In the case of a new municipality when there is no separate assess- ment roll, at the first election the voters' qualifica- tion must of necessity be arrived at, without the aid of a roll. Voters in case of addition of new territory. — W'here new territory is added to a city, town or village, or a newly made city, town or village is formed, with 16 MUNICIPAL COUNCILLORS new territory added to the old municipality, then the persons who before the changed state of affairs would be qualified to vote, can vote. This refers to an election taking place before the regular voters' list is made out. Owners and occupants. — Where both an owner and occupant are severally rated for property, both ehall be deemed to be rated, so as to qualify them. Joint owners and occupants. — Where two or more own property jointly, or occupy it jointly, then bo that both can be qualified the property must be rated at such an amount as, if it were equally divided, it would give a qualification to each. The Returning Officers and Deputy-Ekturning Officers. The Clerk of the municipality is the Returning Officer for the whole municipality. Where the elec- tion is to be by wards or polling subdivisions, the Returning Officers for each ward who receive the nominations, and the Deputy-Returning Ofiicerswho preside at the polling-places are appointed by by-law of the Council. These latter must make their re- turns to the Clerk. Where there are no wards, the clerk is the Return- ing Officer both for nomination and for polling. In the following cases — 1. Where the Returning Officer or Deputy-Returning Officer has died. 2. Or when he does not attend within an hour after the time appointed. 3. Or, in case no Returning Officer or Deputy-Returning Officer has been appointed, — the electors present at the place for holding the nomina- tion or poll may choose from amongst themselves a Returning or Deputy -Re turning Officer. HAND-nOOK. if A Returning or Deputy-Returning Officer is a Conservator of the peace in the city or county in which the election is lieFd. Either ho or a Justice of the Peace, may summarily try and punish hy fine or imprisonment, or both, or may imprison or bind over to keep the peace, or bind over for trial, any riotous or disorderly person who assaults, beats, molests or threatens any voter, coming to, remaining at, or going from the election or voting. Constables and persons present must assist the Officer or a Justice of the Peace. The Returning Officer or Deputy Returning Officer has also the power to appoint special constables. The present Chief Justice of the Common Pleas, some years ago made the following remarks in a case, "A Returning Officer so appointed should not be a partizan. It is the duty of a Returning Officer to stand indifiercnt between the contending parties; to have no interest to serve for either, or for him- self ; to approach hie duty with a simple desire to do strict justice; to be ready and willing to give reasonable information as to the state of his pro- ceedings ; to conceal nothing ; to evade no proper enquiry ; to mislead no one by silence, or exhibit anything calculated to deceive ; and he ought not to make a pretence of strictly following the letter of the law, to defeat it." Oaths. The Returning or Deputy-Returning Officer may administer oaths or affirmations to voters according to the forms in the Municipal Act. These forms relate to freeholders, householders, income voterg and farmers' sons. •i8 MUNICIPAL COUNCILLORH The form of a Freoliolil^T's Oath is as follows : — You Hwoar {or sok^muly ul'luiu) that you are the perbou named or purportin<^ to be nUiiied, iu the lint (or Hup[)lo- luoutary hst) of voters now bhevvu to you (theivi)i(j the list to the voter) ; That you are a freeholder in your own ri^^ht (or rij^ht of your wife, as the case may require); Th;it you are a natural ijoiu citizen {or naturalized) sub- ject of Her Majesty, and of the fuUuj^eof twenty-one jears; (In the case of Municipalities not dividedinto U'anls.) That you have not voted before at this election, either at thib or any other polling place. (In the case of Municipalities divided into iVards.) Tliat you have not voted before at tliis election, either at this or any other poUiuf^ place iu this Ward and (if the elector is ttudirimj hix vote fur Mayor, lleeve or Deputy Reeve) that you liave not voted befoi'e or elsewhere iu this Municipality at this election for Mayor (Reeve or Deputy Reeve at the case may be) ; That you have not directly or indirectly received any reward or gift, nor do you expect to receive any, for the vote which you tender at this election ; That you liave not received anything, nor has anything been promised to you, directly or indirectly, either to induce you to vote at this election, or for loss of time, travelling expenses, hire of team, or any other service connected with this election ; And that you have not directly or indirectly paid or j)romised anything to any person either to induce him to vote or refrain from voting at this election ; So help you God. (Ill the cast of a new Municipality iji which there has not been any assessment roll, then instead of referrinn to the list of voters, the person offering to vote viay be required to state in the oath the property in respect of which he claims to vote.) The form of a householder's oath ii as follows: — You swear (or solemnly affirm) that you are the person named or purporting to be named in the list (or suplemen- HAND-nooK. 4U \n.ry iiflt) of voters uosv ahowu to you (.•.'/icuj/i^ the li$t to tht voter) ; TLiitoiith© (lay of IS {thr day ■tertified by the Clerk of the Municipality as the date of th-- *etnru, or of the final revition and correction, of the atiensvient roll upon ivhich the votent' ii^t used at Die eUctwii is bated) you were actuiilly, truly aa 1 in \hmu\ fnitli, pussosst'd to your owu Uiu HiiJ buijufit art toiiaiit or occupant, of the real estate in respect of whicU your uame is outered ou the said list; That you are (or your wifo Ih) a hoiisoholdor or tenant withiu this Municipality ; That you have beou resldt^nt within tliis Municipality for one ujonth next bufi>re this election ; Th:it you are a natural born {or naturalized) subject of Her Majesty, and of the full aj^e of twenty-oue j ears ; {In the case of Miinicipalitiex not divided into JVardi.) That you have not vote^i beloro at this election, either at this or any other polling place. {Ill the case of Mu)iicipalities divided into }Vards.) That you have not voted before at this election, either at this or any utber [»ollinp place in this Ward and {if the elector ii tendering his vote for Mayor, Reeve or Drputii-Ueeve} that you have nut voted before or elsewhere in this Municipality at this election for Mayor (Reeve or Deputy Reeve at the catt may he) ; That you have not directly or indirectly received auj reward or ^'ift, nor do you expect to receive any, for th« vote which you tender at this election ; That you have uot received anything,', nor has anythiuf been promised toyuu, directly or indirectly, either to indue* you to vote at this election, or for loss of time, travellinj expenses, hire of team, or any other service connected with this election ; And that you have uot directly or indirectly paid or promised auythiu^j to any person either to iuduco him t* Tote or refrain from voting at this election ; So help you God. {In the case of a new Muriicipaliti; in which there has not Iten any atttssvunt roll, then inttead of twcaring tv residence MUNICIPAL COUNCniLORB for one month next be/ore the election, and referring to tht li$t etf voteri, thepenon offering to vote may be required to itate in tht oath the property in reipect of which he elaivts to vote, and that he in a re$ideut of txuh Municipality.) The form of an Income Voter's Oath is as followa : — You iwear (or solemnly »ffirru) that yon are the peraoD aamed or purporting to be named, by the name of on the list (or supplemeDtary list) of Toter* now shewn tC' you (thewing the litt to voter) ; That on the day of 18 (the day certified by the Clerk of the Municipality as the date of the final rei>i$ion and correction of the assessment roll upon which the voters' list tued at the election is based), you were uud theucu- forward have been coutiuuouBly, and Htill are, a resident of this Township (City, Town or Village, as the case may be) ;. That at the said date, and for twelve months previuusly^ you were in receipt of an income from your trade (oflSoe, calling or profession, a$ the case vuiy be) of a sum not Ie8^ than $400; That you are a subject of Her Majesty by birth (or natura lisation, as the case may be) ; and are of the full age of tweuty- oue years ; (In the case of Municipalities not divided into Wards.) That you have not voted before at this election, either at this oi any ottier polling place ; (In the case of Municipalities divided into Wards.) That you have not voted betore at this election, oither at this ot any other poUinj^ place in this Ward, and (if the elector is ttndering his vote for Mayor, Reeve or Deputy-Reeve) that you have not voted before or elsewhere in this Municipality at this election for Mayor (Reeve or Deputy-Reeve» as the case nay be) ; That you have not received anything, nor has anything been promised you, either directly or indirectly, either to induce you to vote at this election, or for loss of time, travelling expenses, hire of team, or any other service con- nected with this election ; And that you have not directly or indirectly, paid or promised anything to any person, oither to induce him to HASn-nooK. »i ^W)te or refrain from voting at this election • So help you God. Tho form of a Farwors Son's oath it as follows :-- Toll swear (or solemnly aflfirin) that you arc thoi>erHo« iMTied or purportint; in ho named by the nfimo of ,in tho list (or supplementary^iat) of vot-orw now shewc to you {shewing the Hit to the voter] ; That on the day of , 18 (the drnj •ertijied by the Clerk cf the municipaliUj, at the date of thr return, or 0/ the jinal revision and correction 0/ t)u asm'iofmcni ^oll upon which th« voters' li$t used at the election is ba.<^ed, at 'he case requirtf, A.B. {naming himorher), WRsactiially, truly, and in ^ood faith possessed to his (or her) own uso and benefit as owner, as you verily believe, of tho real estate in respect of which your name is so us aforesuiil entered on said list of voters ; That you aro a son of the said A.B. ; That you resided on tho said property for twelve monthn fiext before tho said day, not having been absent during' uhat period, except temporarily, and not more than four tuonths in all : That you are still a resident of this Municipality, and entitled to vote at this election ; That you are a subject of Her Majesty by birth (or iiatur- nlization as thtease. may he) ; and are of tho full a^eof twenty «ne years ; {In the case of municipalities not dividcdinto Wards.) That you have not voted before at this election, either at this 01 any other polling place ; {In the case of munieipnlitien divided into Wards.) That you have not voted before at this election, either at this or any other polling-place in this "Ward, and {if the elector it tendering his vote for Mayor, Reeve or Deputy -Reeve) that you hate not voted before or elsewhere in this Municipality at this election for Mayor, (Reeve, or Deputy-Reeve <»• the case may be) ; That you have not received anything, nor has anything been promised you directly or indirectly either to induce you to vote at this election, or for loss of time, traTclIing m M ^2f MtmiClPAL COUNCILLORS aipcnaes, liireof team, or any other service connected! witfs kluH election ; And tiKih you have not dirtsctly or iudirectly paid ox promised auytliinfi to auy person either to induce him tC' Tote o'r refrain from voting at this election : So help yon God. Any ciiiidirlatc or his Hiith.')Fized agent may insist on the oath being administered. No enquiries shall he made of any voter except with respjct to the facts specified in such oaths or affirmations. An improper refusal to take a vote will render a Returning or De.puty-Eeturning Officer liable to an action lor damages at the instance of the voter. The Polling. It is the duty of the clerk to iirovide ballot boxes at the expense of the municipality. A penalty of 5^100 for every ballot box which he fails to provide in imposed on him. It is his duty to provide these ballot boxes two aays at least before the polling day. If he fails to do so a Deputy-lteturning Officer mav procure the necessary ballot box, sign an order en the Treasurer lor the cost, and the Treasurer must thereupon pay the Dtputy-Rcturning Officer for the same. Ballot papers must also be jirocured by the clerk at the expense of the municipality. These should be printed alphabetically in the order of surnames of the caudiiiates ; if there are candidates with the same surname, then in the order of their other name. Where a Mayor, Eeeve, or Deputy-Reeves are to be elected at the same time with Alderaien or V HAND-BOOK. 58 Councillors, then tliero must he one set of ballot papers for the offices gereral to the whole munici- pality and another for the ward aldermen or coun- cillors, as the case may be. Tliis rule does not apply to townships whicli are not divided into wards. There must bo a compartment in the polling place in which the voters can mark their votes, secured from observation. The returning officer must also post up before the 0]iening of the poll, the " printed directions to voters" which are given in the schedule B at the end of the Municipal Act'. Copies must be posted up ni every compartment of the polling place, and also outside it. [f he does not get them from the Clerk, (whose duty it is to procure tliem for him) until after the opening of the poll, then he must put them up as soon as he gets them. , These printed directions must be in " conspicu- ous characters." Voters' Lists. — The voters' lists to be used at an election shall be the first and second parts of the List list of voters certified by the Judge and trans- mitted by him to the Clerk of the Peace. But whfre a new municipality lias an election 'for the first time, smd has no separate assessment 'roll, the clerk provides each deputy-returning /officer with a blank poll book, in the form prescribed by the iMunicipal Act of 1883, sec. 1:^8. Tlife persons who tender their votes are entered upon such book and a requested b}'^ any candidate 9»r voter, the deputy-returning otlicer or sworu poll clerk must enter opposite each name the property on which the person claims to vote. 54 MUNICIPAL COUNCILLORS \ Besides the regular voters' list, there is also & supplementary voters' list in the case of new terri- tory being added to the city, town or village, or where a town or village with additions respectively becomes a city or town. In these cases the clerk forms the supplementary lists just spoken of by put- ting in it the names of persons who would be vot- ers, in case the territory had not been added, but remained in the municipality of which it had for- merly been a portion. Where there is no voters' list filed with the Clerk of the Peace or certified by the County Judge, the Clerk of the Municipahty shall, before the poll is opened prepare a list for each ward or polling sub- division of all male persons entitled by the last re- vised assessment roll attested in writing under his hand by his solemn declaration. This list is to be delivered to the deputy-returning officer before the poll is opened. Income voters and property voter* disqualified as mentioned on page 45 are to be left out of such list. A list ot such defaulters as well as the voters' list must be delivered by the Clerk to deputy- returning officers. Such lists are to be acted Wjj\pon by the deputy-returning officers. •.ujThe Clerk must also give to the deputy-returning offic.j^pr a certificate of the dates, 1st, of the return ; 'indlyn ; of the final revision of the assessment roll. Any per.^json may demand such ceitificate on payment of 25 cent, jS. A Clerk by refusing it incurs the pen- alty of $20v'.^f). Persons ca n vote only once for Mayor, I;eeve, or Deputy-Reev/ires ; and for Aldermen or Councillors, property voters pan vote in each ward in which tlu y HAND-BOOK. 55 are qualified. A person voting twice for Mayor, etc., incurs a penalty of $50 and forfeits his right to vote or he a candidate at the next annual elections. Deputy -returnine; officers, poll clerks and agents may vote where they are stationed, on a certificate from the clerk — the certificate stating the property in any other polling sub-division or ward where thej' *re entitled to vote. Such certificate must be at- tached by the deputy-returning officer to the voters' list. This provision does not apply to elections for Aldermen or Councillors, so as to allow any such person to vote in one ward for Aldermen or Council- lors in another ward. But they may vote in a differ- ent polling sub-division of the same ward. Immediately before the poll is commenced, the Deputy-Ketuming Officer shall shew the ballot box to such persons as are present in the polling place, io that they may see that it is empty. It is then locked and sealed by him, so that it cannot be opened without breaking the seal. The Deputy-Returning Officer, after ascertaining that the name of the voter is on the list, shall record it, as well as his residence and legal addition. By "legal addition" is meant the occupation, profession, trade, etc., of a person. The voter is to be marked on the list, "sworn," "affirmed," "refused to be sworn " or "refused to affirm," as the case may be. If he is objected to by a candidate or agent, he is to be marked on the list with the words "objected to," and after those wordf^ the name of the candidate on whose belialf he is objected to. After making the necessary entries of name, etc., oG MUNICIPAL COUKCILLORS just mentioned, the deputy-returning officer, after signing his name or initials on the ballot paper, de- livers it to the voter. If requested, he must explain or got his jioU clerk to explain to a voter the mode of votin'j:. After a voter has marked his ballot and returns it to the Deputy-Heturning Officer the latter verifies his initials (so as to satisfy himself that it is the same ballot as delivered to the voter.) The form of voting, instructing illiterate voters, and the general details of balloting are so well known, that it would be superfluous to go into them here. The leading principle of 'voting by ballot is, of course, secrecy. The following brief rules in addition to those already explained, may be given. Spoiled ballot papers, when returned by a voter, are to be marked "cancelled," by the deputy return- ing officer, and a new ballot is to be given to such voter. All ballot papers must be returned by the deputy-returning officer. No person is entitled or permitted to be present in the p(dling place, other than the officers, candi- dates, clerks or agents of can"!idates, and such voter as is engaged in voting. A candidate may have two agents besides liimself in a polling place. A coiu table may be calle ] in for the purpose of maintaining order or preserving the public peace, or to remove persons contravennig the election law. After the poll is closed, the deputy-returning offi- cer must immediately, in the presence of the poll clerk (if any) and "such of the candidates or their agents as may then be present," open the box and proceed to count the ballots. HAND-BOOK. 57 The following ballots jire not to be counted : — Those without the name or initials of the deputy returning officer on tiie back ; those on wbich more votes are given than the elector is entitled to give, and thirdly, those on which anything except the name or niitials of the deputy returning officer is written or marked, by which the voter can be iden- tified. With regara to those ballots, where votes are giv- en for more candidates than a voter is entitled to vote for, they are good as to any other votes for another office properly marked on such ballots. Tho deputy returning officer must take a note of any objections to hallo*; papers made by a candidate or agent, or any elector entitled to be present. The way of noting such objections is to number them, and then place a corresponding number on the back of the ballot paper, buch number on the ballot paper is lo be iniiialed by the deputy returning offi- cer. He shall endorse the ballots rejected by him with the word "rejected," and it his decision is objected to, he shall endorse also the words, "rejection ob- jected to." After counting the ballots, he must make up a written statement in words as well as in figures un- der the following heads : — (a.) Name or Number of Ward or polling sub- division and of the Municipality, and the date of the election. {b.) Number of votes for each candidate. (c.) Rejected ballot papers. Such statement must be signed by the deputy re- 68 MUNICIPAL COUNCILLORS turnin}? officm-, the poll clerk (if any) and snch of the candidatoe or agenis present as desire to sigtt it. A deputy returning officer must give a certificate, if requested, to the persons authorized to attend at his polling place, of the following particulars : — 1. Number of votes for each candidate, and, — 2. The number of rejected ballot papers. Any simple form of ccrtificaie, as long as it embodies these state- ments, \\ ill suffice. The deputy returning officer must also certify un- der his signature on the voters' list itself, the total number of voters who have voted. This must be done in full v/ords, not figures. He must also, in the presence of the agents of the candidates, make upiuto separate packets, sealed with his own seal, the -v/i-owing papers ; 1. The statement of votes given for each candi- date and of the rejected ballot papers.* 2. The used ballot papers which have not been objected to and have been counted. * 3. The ballot papers which have been objected to, but which have been counted by him. 4. The rejected ballot papers. 5. The spoiled ballot papers. 6. The unused ballot papers. 7. A statement of the number of voters whose votes are marked by the deputy returning officer un- der the heads, "Physical incapacity" and "Unable to read," with the declarations of inability ; and the notes taken of objections made to ballot papers ijuud in the ballot box. •See precediug page as to this statement. HAND-BOOK. 59 The agents of the candidates maj, if they desire it, seal the packets. The deputy returning officer is to mark on each one what it contains, also the date of the day of the election, the name of the de- puty returning officer and the ward or polling sub- division and municipality. When the clerk of the municipality is not himself the deputy returning officei, the deputy returning officer shall forthwith deliver such packets personally to the clerk. Before returning the voters' list to the clerk, the deputy returning officer shall make and subscribe, either before the clerk or a Justice of the Peace, an oath which must be annexed to the voters* list. The following is the form of the oath : — I, C. D., the undersi^uoJ Deputy Keturuing officer for polliug sub-divibion No. , of the City (or as tlie cagemay be) of , in the County of , do solemnly swear (or ij he is a person permitted by law to ajirm, do solemnly a^nn) that to the best of luy knowledge the annexed voters^ list used in and for the said polling sub-division No. , of the said City {or as the case viay be), was so used in the man- ner prescribed by law and tLat the entries required by law to be made therein were correctly made. (Signed) C. D. Sworn {or affirmed) before me at , this day of , A. D., 18 (Signed) X Y., Justice of the Peace. Or, A. B., Clerk of Municipality of If he is unable to do so, owing to illness or any other cause, another person chosen by him may de- liver them. Outside the cover of^each of the packets, the'name of such person is to be mentioned, and the deputy returning officer is to take a receipt from such 60 MUNICIPAL COUNCILLORS person. The ballot box is also to be retariieJ io tbe clerk. The (le|*uty returningoflicer must also return with the packets a statement called the "Ballot Paper Account." This account must show the number of ballot papers entrusted to him and account for them under the following heads : — 1. Counted ; 2. Re- jected ; 3. Unused; 4, Spoiled; 5. Billot papera given to voters who afterwards returned the same, declining to vote ; and G. Ballot papers taken from the polhng place. In case there is a dispute as to the result, when a written statement as to the votes is made by the deputy returnmg officer, the packages of ballot pa- pers shall be broken open by the c/erk of the muni- cipality at an hour and place appointed on the day succeeding the polling day. This is done in the presence oi the deputy returning oflScer and such of the candidates or their agents as may be present. If the distance rtecessary lo be travelled is such that the appointed place can not be reached on the day following the poll, then a reasonable time (but no more) is allowed for the purpose of coming before the clerk of the municipality. The clerk shall, after examining the ballot papers, finally determine the matter in dispute and sign tlie written statement. He then must securely seal up, in the presence of all, the ballot papers in their sev- eral packages as before. After the return of ballot papers and statements, the clerk is required to cast up from the statements the number ot votes for each candidate, and he is to publicly declare, on the day following the receipt HANDBOOK. 61 of the ))allot papers an'l statemeuts, the caudidate or candidates having the highest uumher ot votes, to be elected. This is done at the Town Hall, or il there is no Town Hall, then at some other public place. The clerk must also post up in some con- spicuous place a statement shi)wing tlio number of votes for each candidate. The clerk has a casting vote in the event of a tie. Any person acting instead oi the clerk, as mentioned on*page 39, has in such a case a casting vote. This is the only occasion on which a clerk has the right to vote at a municipal election. If by reason of a riot or other emergency an elec- tion is not commenced on the proper day, or is in- terrupted alter being commenced, then the election is to be resumed on the following day* at 10 o'clock a. m., and continue from day to day, if necessary, "until the poll has been opened without interrup- tion and with free access to voters, for twelve hours in all, or thereabouts." This is in order that all elect:/r8 may have a fair opportunity to vote. If election is prevented for four days the poll book is to be returned and a new election ordered under the warrant oi the head of the municipality. A clerk has nothing to do in regard to deciding as to the qualification of a candidate. This remains for the courts to adjudisate upon. The Clerk must retain all ballot papers for one month, and then unless otherwise ordered by a Court or Judge, he must destroy them in the presence of two witnesses, who have to make a declaration as to their being destroyed. The following may be given as a form of declaration : — i :: m (i2 MUNICIPAL COUNCILLORS We, A. B. and C. D., of the town (or at the cate may be\ of in the County of , hereby declare that we were personally preHeni and did witness the ballot papers reoeived by E. F., the Clerk of this municipality in the elections for Mayor, Reeve, Deputy-Boeves and Coun- cillors for the present year in this town (or at the cate may fie) destroyed by him. Dated this day of A.D. 18 . ■declared before me at this A. B. C. D. day of A.D. 18 G.H, Mayor of {or at the eate may be.) This delaration must be made before the head of fehe municipality, and filed among the records of the municipality by the Clerk. No one can be allowed to inspect ballot papers except by Order ot a Court or Judge. The proceedings as to re-count of votes, and con- tested elections requiring always the aid of a solici- tor, it would be useless to fill these pages with a long recital of them. The Treasurer pays to the Clerk the expenses of the election, and the Clerk distributes them to the teveral persons entitled. BAKD-UUOK. 6t CHAPTBB IV. MEETINGS OF COUNCILS— VACANCIES IN COUNCILS. The memb«}is of every Municipal Council (except County Councilfl) hold their first meeting at 11 o'clock a.m. on the third Monday in January " or on some day thereafter." The memhers of County Councils hold their first meetmgs on the fourth Tuesdtiy in January, at two o'clock p.m., "or on some day thereafter." With regard to the '• some day thereafter" above mentioned, it is necessary that Ihe members should »11 be notified, in case of the meeting not being held on the regular day appointed by statute, but lome day afterwards. No business can be proceeded with at the first meeting of the Council until the declarations of office and qualification have been taken by the members. Declaration of Office. The following form of declaration of office is com- mon to all Councillors and officers, excepting auditors. Every Returning Officer, Deputy-lleturn- iiig Officer, Poll Clerk, member of a Council, Mayor, Clerk, Assessor, Collector, Constable, and othei officers appointed by a Council must make this declaration : I, A. B., do .solemnly promise aud tleclaro that I will C4 MUNICIPAL COUNCILLOUH truly, faithfully and impartially, to the btHt of my kiiow- led^je (ukI ability, execute the office of (iiim-rting the nam' oj the office), to which I have been electt-il [or uppoiuttil) in thitt Township (or as the case may be), ami that I hiiv« not received, and will not receive, any payment or reward, or promise of such, for the exercise of any partinlitv or mal<- versatiou or other undue execution of the said office, and that I have not by myself or partner, either directly or in- directly, any interest ip any contract with or on behalf of the said Corporation. Declau\tiong of Qualification. The declaration of qualification is in the following form : — I, A.B., do solemnly declare that I am a natural born {or naturalized) subject of Her Majesty ; and have and had to my own use and benefit, in my own right {or have and had in rij^ht of jny wife, as the cane may be); as proprietor {or tenant, as the cane viay be), at the time of my election (or %r>i)o\utn\eut, as the rase nuiy require), to the office of hereinafter referred to, such an estate as does qualify me to act in the office of {naming the office) for {naming the place for which such person has been dected or appointed), and tliat such estate is [the nature of the estate to be specified, as an equitable estate of leasehold, or otherwise as the case may require, and if land, the same to be designated by its local description, rents or otherwise), and that «uch estate at the time of my ele 'tion {or appointment, as the case may require) was of the value of at least {specifying the vahie) over and above all charges, liens and iuoumb- rauces affecting the same. But in regard to Township Councillors who qualify as mentioned in the slip attached to page 84, the following is the form to be used : I, A.B., do solemnly declare that I am a natural boru {or naturalized) subject of Her Majesty ; and have and had to my own use and benefit, in my own right {or have and had in right of my wife, as the case may be) as proprietor at lIASn-BOOK. (55 tlie time of ray cluctioii to tho office of licrcinRfter ! cferrt'il to •uch an ottate us does (juiklify inc to act in the • ffice of [naming tlxf ofiit) for (nritnin^ tlie plarr for whu-hituh pn$on /mh bfen tUcttd), aad that such ottate iu [thf nalurt cf •he e$talt to bf $ptcijled and tlif land io he dfiigmitrd by it$ ■Deal (ieirripliort), auii that such oatatt; at the tii.ie of niT *floctioii was ju my actual occupation, ami wuk uctiuilly rated lu the then luHt roviHcJ aBBu»nmout roll of thin Towu- «ihip {naming it) at ati amount not less than 9iO()0. These declarations may be miule before a Court, . Judge, Police Magistrate, Justice of the t'eace or Clerk. They should bo iilod with tlic Clerk. Besides these dccliirations, llueves aud Dopnty- Pieeves must file the certificates of which forms arc j;iven on page 31. These are filed with the County • Clerk. A person elected to office who is qualified, must accept the office and make the necessary declara- tions. In the event of his failure to do ao within twenty days from knowing of his election he can be fined at the lowest §8, or at the most $S0, on sum- mary conviction before two or more Justices of the P«ace. The members of the County Council elect a War- den at their first meoting, which takes place at the County Hall, if there is one, otherwise at the County Court House. There must be a quorum of the couu- C'V ' The clerk is the presiding oflicer at the meet- ing ; if there is no clerk, the members select one of them "Ives tj preside, who will have a vote as a memoer. In the case of an equality of votes on the election of Warden, the Reeve (or in his absence the Dcputy-Kceye) of the municipality which luis the largest numbci of names on its last revised assess- ment roll as ratepayers, lias a second, or casting' T^Byll MUKICIPAL. councillors' vot \ Tiio meetings of councils other than the first meeting, are held at such place either within or without the municipality, as the council appoints either by resolution on adjourning or by a by-law. They may be held either within or without the muni- cipality. A county or township council may, besides hold- ing its meetings, keep its offices, transact its busi- ness, and the business ol'its officers in any city, town or village which is situated in the county or town- ' sliip. It may also hold real estate therein for such purposes. County or township councils may by by-law re- munerate the meoibersfor attending council or com- mittee meetings. The payment must not be more than $3 a day, and 5 cents per mile, each way, for mileage. - A county, city, town or village council may re- munerate its head by an "annual sum." This sum is in the discretion of the council. Conduct of Business. Ordinary council meetings must be • .en, and no jierson is to be excluded except for improper con- duct. Special meetings may be closed if the coun- cil passes a resolution to the effect that the public interest requires this to be the case. A majority constitutes a quorum. Where there are only five members altogether constituting a Council, there must bo the concurrent votes of three to carry any resolution or other measure. The head of every council shall preside at meet- ings, lie may summon special meetinn;8. If a ma- HAND-BOOK. fJ7 jority of mombers request it in writing, it is his duty to summon special meetings. If tlic head of a council refuse to put a motion. the course for the council to adopt is to vote him out of the chaii. Or they may vote on the motion with- out it being put from the chair. [n the case of the death or absence of tlie head of a town council, the Reeve presides. In the case of the death or absence of the Mayor and liecvo, then the Deputy-Reeve shall preside. In the case of the death or absence of the head of a village or townshi]» council the Deputy-Reeve presides, and may at any time summon a special meeting. If there be more than one Deputy-Reeve, the council shall determine which to preside. •In all counc Is, where none of the superior oflicers are present, then the council elects the presiding officer from among tliemsolves. There must be fif- teen minutes' grace trom the time a])p(nutcd for meeting, to allow the head of the council to attend. If during a session of council, the officer who ought to preside enters while another is in the chair, it is a moot question underthe statute as to whether she sitting chairman's authority continues for the whole meeting. The proper course, according to }iigh authority, and the usage of i)arliamentary and deliberative bodies, is for the superior officer to take the presiding ]dace. The head of the council, or the presiding officfi- or 'chairman, raavvoto with the otlier raombors on nil questions, and any question 01 which tliero is an equality o* votes shall bo doomed to he nfgativod. Every council may adjourn its meetings from time 68 MTTNiriPAL COUNCILLORS to time. These rules are statutory. The wTitcr suggests the follo\Ting additional rules of order adapted from those in use by several municipal councils, as rulee of order. • Rules of Order, So Boon after the hour of meeting as there shall he ft quorum present the Mayor shall take the chair and call the members present to order. ♦ If the Mftj'or is not in attendnnce, the Beeve. or in his sibBence, the senior Deputy-Reeve present sholl call the meeting to order and preside until the arrival of the Mayor •r Reeve. In the absence of the Mayor, Reeve and Deputy-Reeves, one cf the councillorB present shall be chosen to preside, and !-hsll ttike the ehnir and preside dnrint; the absence of the Mayor, Reeve and Deputy-Reeves, and at the meeting only at whicb lie Iirr been so chosen. Immediately after the Msyor or other presiding officer has taken his seat, the minutes of the preceding meeting; shall be read by tlie clerk in order that any mistake therein may he corrected by the Council. The Mayor or other presiding cfficer shall preserve order ard decorum and decide questions of order subject to an appeal to the Council. When the Mayor or other presiding officer is called on to decide a point of order or practice he shall state the rule *pplicab)o, without argument or comment. If the Mayor or ether presiding officer desires to 1( ave the char for the purpose of taking part in the debate or otherwise, he slinll call a n < n 1 tv ol the council to fill Iuk place until he resumes the chair. Every member, previous to his speaking, shall rise from his seat, and shall address himself to the Mtiyor or other presiding officer. When two or more members lise at once, the Mayor or other presiding (ttTicer shall name the member who first rose iu his place, but a motion may be made that any mem- HAND-BOOK. 69 ber who has t'laen "be now heard," or "do now speak." Every member who shall be presont when a question in put, shall vote thereon, uuloss the Council shall excuse hun. mr unless he be personally interested in the question, iu which case he shall not vote. A member called to order shall sit down, unless permit ted to explain, and the Council, if appealed to, shall decide on the case, but without debate ; if there be no appeal, the decision of the Mayor or other presiding officer shall be submitted to. " No member shall speak disrespectfully of the authorities of the country, or use oifensivo words against the Council or any member thereof, or speak beside tlie question in de- bate, or reflect upon any voto of tho Council, except for tkd purpose of moviui^ that such voto bo rosciudod. Any member may require tho question or motion under (iiscusraion to be read at any time during the dnbate, but uot so as to interrupt a member while speaking. No member shall speak more than once on the same question without leave of the Council, except in e.xplana- tiou of a mutenal part ot his speech which may have been misconceived, but then he is not to introduce Mew matter. A rejjly is allowed to a member who has made a substan- tive njotion to the Cou?icil, but not to any member who has moved an order of the day, an amendment, the per- vious question, or an instruction to a committee ; and no fiiember shall without leave of the Council speak to the name question or in reply, for longer tlM,.> a quarter of au )iour. Upon a division of tho Council, the names of those who vote for, and these who vote against tiio question, shall be outered upon the minutes, not only in the cases required bylaw, but wlien a member shall cull for the ayes And nays. Questions may be put to the Mayor or other rresidiuo ofhcer, or through him to any member of the Council, re- lating to any bill, motion or other matter connected with the business of the Council or the affairs of the Town, but BO argument or opinion is to be offurod, or facts to be stat od, except so fai as may be necessary to explain tho «a,trie •3',' m 70 MUNICIPAL COUNCILLORS »n(l in iinswerin^; any suoh question a menibor is not to <3a- bate the matter to which the same refers. No person except members orofficors of the Conncil shall be allowed to come withiuthe Bar during the Bittiugs of the C;!ouncil, without tho permisaiou of ttio Mayor or other pre- siding officer. Orders of the Day. 1 — Reading of Minutes. 1— Original Communications. ' 3 — Petitions. 4 — Referring Petitions and Communications. 6 — Reports of Committees and conaideration thereof. 8 — Unliuiabed Business. 7— Enquiries. 8 — Giving Notice. 9 — Introduction of Rills. 10 — Consideration of Bills. 11 — Motions. The business shall in all cases be taken up in the ordfi" in which it stands in the "Ordersof theDay," unless other- wise detormiiiod upon by a vote of two-thirda of th-' mem- bers present, and without debate thereon. All motions shall be in writing and seconded bcforo beinj debated or put from the chair. When a motion issecondod , it shall be read by the Mayor or other presiding officer be- fore debate. After a motion is read by the Mayor or other presiding officer, it shall be deemed to be in the possession of the Council, but may bo withdrawn at any time before decision at the request of the mover and seconder. A motion of commitment until it is decided, shall ex- clude all amendments of tho main question. A motion to adjourn shall always be in order, but no second motion to tho same effect shall be made until after some intermediate proceedings shall have been had. When a question is under debRte no motion shall be ro- «oiTed anless- -to commit it ; to amend it; to lay on tha table; to postpone it; to adjourn ; to move the previous question. HAND-BOOK. 71 The previous questiou, until it is decided, shall preclude till ameudmontb of the main questiou, au i shall be put without debate, in the foUowiutJ words: "That tliis ques- r.iou be now put," and if thisi motion bo resolved in the affirmative, the original question is to be put forthwith ,*ithout any amondmeut or debate. All amendments shall be put in the reverse order in which they are moved, except in filling up blauks, wlieji the longest time and the largestsum shall }>e put first ; and uvery amendment submitted shall be reduced to writing, and be decided upon or withdrawn before the main question is put to vote. All motions for the appointment of any member of the Council or of any other person, to any office in the ^ift of tae Conned, shall preclude any amendments. Only one imeudment shall be allowed to au amondiueut, and any amendment more than one must be made to the main (juestiou. Wheu the question under consideration contains distinct propositions, upon the request of any meiuber, the vutc upon each proposition shall be taken separately. After any questiou is finally put by the Mayor or other presiding officer, no member shall speak to the question, nor shall any other motion bo made until after the result lA decliieU ; uud the decision of the Mayor or other presid- ing officer, as to whetlier the questiou has been finally put, *hall be conclusive. Whenever the Mayor or other proii Jing officer is of opin- ion that a motion offered to the Council is contrary to the rules and privikgos of the Couucil. ho shall apprize the members thereof immediately bofoie putting the (luostion thereon, and quote the rule or authority applicable to th1 the council can issue the warrant. The head of the Council of the previous year, or a HAaND-BOOR. 73 Councillor of tliG previous year issues llic warrants • when the viicanc}' occurs previous to the orga'.iiza- tion of the new Council. As long as there is a quorum of the ful] number of a regular Coiujcil, any such vacancy or vacancies does not interfere with the ur'^^anization of a new Oouncil. It may happen that for some reason or other, in- dependent of riot or otlier emergency (see page 01; that the electors neglect to elect the Council, or the requisite number of members. To meet such an event the following provisions are made:- — The new members, if they equal or ex' ceed half of the Council vhcn complete, or a major- ity of such new members, or if a half of such mem- bers are not elected, then the members of the preceding year or a majority oi them, shall appoint as many qualified persons as will constitute or com- plete the number of members requisite. The per- son so appointed shall accept ofiice and make the necessary declarations under the same penalty, u.t the case of refusal or neglect, as if elected. %t !' ■ 1 li 74 MUNlCIPAi. COUNCILLOKS CHAPTEK V. MUNICIPAL OFiaCEBS. The Heap of the Curpouation. lu every county the hc;i The flutios of the Clerk, according to the statute, nre : 1. To truly record, in a book, v/itlioutuote or coiu- mont. all resolutions, docisious and other proceed' jngs of tlm Ccunc'il. 2. To record, if re(iuirv.d by any luonibor jirrsont, the name and vote of every luomber voting. 8. To keep the books, records and accounts of the Council. 4. To preserve and file all accounts acted upon by the Cou;.'-il. 5. To keep in his ollice or place a[)pointed by by- law of the Council the ori^'iinil or certified copies of all by-laws, and of all niniutes and proceedings oi the Council. The Clerk has other duties which arc mentioned in other paits of this work. The Council may make provision lor ihe absence or lUness of the Clerk, by cither themselves appoint- ing a substitute, or giving him power to appoint one under his Imnd and seaL Any inhabitant of the municipality has a right to inspect the records, books, documents, etc., of the corporation on proper occasions, and this right may be enforced by the courts. Any person is entitled to get from the clerk copies of them to be made by the clerk on payment for such copies at therawe ol 10 cents for every 100 words, or at any lower rate that the Council appoints. If asked by an elector or other interested person for any certiiied copy of a by-law, order or resolution, he niut-t gi/e such certificate. The fees, it would seem, though this is not clear, would belong to the municipality, but the / EJJf, MUNICIPAL COUNCILLORS (iouiicil mil}" allow them to him. Jietunm to ht' imtilc bij ClcrkH. — Tin; elork ot ever}' city, town and incorporated villagn and township must 01) or before the Ist of December in each year, under a jicnalty ol iii;20, transmit to the Treasurer of Ontario a true return of the number cii' resident ratcpnyors appearing on the hist revised assessment roll oJ the municipality. This return must be ac- companied by an affiJavit sworn to bclore a Justice ('f the Peace, in the f(dlowii)g form : T, A. B., Clerk of the Munici})ulity of the City, Town, TowHsliip or Village (an the case may be), of iniikeoath iiud Hay, that tlio (ahovo, within written, or annexed, as the cane inny be) rotuni, coutaiusa true statement of the num , ber of rohident ratepayers appearing; ou the asKessmont roll of the said City (Town, Township or Village) for the year one thousand eij^ht hundrecj and (Signed) A. B. Sworn before me, c&c. The clerk of evei-y township, villaj^fo and town* must under a penalty of $20, within one week after the 1st March in each year, make a return to the county clerk of the following particulars : — 1. Number of persons assesssed. 2. Number of acrtis assessed. :}. Total actual value of real property. •1. Total of taxable incomes. 5. Total value of personal property. (». Total amount of assessed value of real and personal property. 7. Total amount of taxes imposed by byiaw» of the Municipality. 8. Total amount of taxes imposed by by-laws ■ of the County Council. 0. Total amount of taxes imposed by by-laws of any Pro- ■O O J O r-r-. « a £ articulars : 1. Number of Public School Inspoctora. '2. Amount paid to School luHpectors. 3. Total amount paid to Slioriffs. 4. Total iunount paid to County (Jrowu Altarnuy. 5. Total amount paid to Clerk of tho Peace. (5. Total amount paid for constable and police service. Every clerk (-f a city or town separated from the county must make a return tt. the Provincial Treas- urer siniilnr to tlie one required from clerks or other municipalities to the county clerk. If default is made in making any oftheiie returns, the (bounty Treasurer or rr(.vincial B(;cretary, as the case may be, is to retain in his hanus any moneys payable to a municipality whose clerk has made de- fault. The Treasurer. Every municipality must have a Treasurer. He may be paid by salary or by a per centage. Every Treasurer bef( re entering upon his duties must give HAND- HOOK. 71) sucli HOciirity iis the (.'(tuiu'.il directs for the faithful iwrforniancu of liis dutioH. niid esju'cially f(»r dnlv HCCountiiH,' for and iijiyincr mH inoiv ys whicli iimy come into liis liaiids. It is the duty of every Council in each year to enquire into the sufliciency of the security of the Tfea surer."'- See page 20 as to sureties of a Treasurer in tlio )f case 01 cljango ol a cor[>oration. The Treasurer shall receive and safely keep all corporation moneys; he shall j^ayout the same "to such persons and in such manner as the laws ofthe Province and the lawful hy-laws or resolutions of the Council of the municipal cor[)()ration whose officer ho is, directs." , No memher of the Council is to receive froiu tlio Treasurer any money for work performed or to be performed. This is to guard a.ijainst a member 'h private interest conflictini? with his ])ublic duty. , If a by-law or resolution is on its face valid, it is sufficient authority if a Trotisurer pays money under it. But if a Council appropriates money contrary to statute, the Treasurer is not j)rotected by follow- ing tliis wrongful disposition. *Tho lute Chief Justice Himisou, in his Municipal Man ual, remarked that "1'his is a most iiiijxM taut 'tuty, but it ib believed, the most neglected of all duties imposed on CouucilH. It may be that if the municipality loaes the beuo- fit of tlieir security by reason of a neglect to perform this duty on the part of the Uiombers of the Council, the latter oav be niade liable to nuike ijooil the hign." Si mo defalcations of Treasurers, and the worthless sureties wiiich were found, that the public liave witnessed since the words ol' theChiwi fTustice were writlen, emphasize the force of tliem. / / ^ 80 MUNICIPAL COUNCILLORS Every Treasurer must make half yearly a state- ment of assets to be subiintted to the Council. See also pages 44 and 45 as to statement of tax defaul- ters. When a Ticasuror is dismissed from office, or ab- sconds, his successor may draw oat any money be- longing to the municipality. Assessors and Collectors. Assessors and Collectors are required in every city, tovm, township and incorporated village. The same person may be appo'nte;! Assessor oi Collector for more wards than one. In cities, an Assessment Commissioner may be ;i,p})ointed. He, with the ]\Iayor, appoints such As- sessors and A'aluators as may be necessary ; the Com- missioner, Assessors aiid Valuators constitute a Board of Assessors, which Board has the power of Assessors. The object of forming such a Board is to secure uniformity of iVssossmeut, so that a ]U'opor average in all the wards may be reached. The Council have power i)y by-law to impose an additional percentage on default of payment of taxes by a da}' named, which i)ercentage is to be added to the unpaid tax or assessment. Commissioners, Assessors or Collectors need not be a[)pointed annually ; they hold office during the !)leasure of the Council. All notices usually required to be given to the clerk in regard to assessment must, where in cities there is a Commissioner, be given to him. AVhere there is a l)y-law passed, requiring taxesto ho paid on or before the 14th December, the Collec- tor musl on the 15th December upon oath return HAND HOOK. 81 :ilie list of tax defaulters to the Treasurer. Auditors. There are two nuditors required to be appointed each year, one hy the h^ad ol'tiie Council, and the • ither bv the Council itself. Auditors must not he persons who have any con- tract or employment, either themselves or in con- junction with any one else, with the corporation. A clerk or Treasurer can not bean riuditor. An audi- fior of a preceding year can here-appointed ; former- ly this could not be done. The auditors' duties are to "examine and report upon all accounts ali'ecting the corp.dation or relat- ing to any matter under its control or within its jurisdiction." They deal with the previous year ending on 31st Decei; ber. They are required also to do the following things : — 1. Prepare an abstract of the receipts, expenditures, assets and liabilities of the corporation. 2. Pn-jiare a detailed statement of the said particulars in such form as the Council directs. 3. lleport in duplicate on all accounts audited by them. 4. j\lake a special report of any expenditure made co:.trary to law. 5. File the re- ports in the office of the clerk within one month after appointment. Any inhabitant or rate})ayer has the right to in- spect one of the duplicate reports and make a copy or extract at his own expense either by himself or agent. The clerk must publish the auditors' abstractand report. The detailed statement is to be published in such form as the Council directs. C(>pie>i of ab- stracts and statements of minor municipaUties in a 2 i 82 MUNICIPAL COUNCILORS' eouuty must be sont by tl)e clerks to the counfy clerk, to be kept by hiui as records. The Coi.ncil, u|»<>n the rei>ort of the auditors^ fiually audits and allows the accoun .a of the Treas- nrer and Collectors and all accounts chargeable ta the corporation. City and town Councils may htive an additional audit "daily or otherwise," and appoint an auditor for this ]nir])ose. Other Councils may appoint audi- tors to audit monthly or quarterly. But the ap- pointment of areuMilar annual auditor is compulsory on all raunicii)aliti< s, 'I'he city of Toronto audit is required to be made montliJy instead of yearly. Valuators. For the duty of valuators see afterwards in the chapter on assessment. Power to Administer Oaths, etc. There are certain oaths, aflirniiitions and dechira- tions which may l)o 'ulmnjistered by certain Coun- cillors and others. The persons to whom this power is limited arc, '-the hoad of any Council, any Alder- man, Reeve or I)e[)uty-Ileeve, any Justice of the Peace and Clerk of a municijiality." The oaths, c^tc, so administered, must relate to the business of the place in which the person ad- ministering it holds otfico. Where the statute particularly directs, as it does in certain nutters, that a certain functionary or official shall aduiinistor the oath, then the above mentioned persons have no power to adniiniater it. The head of every Council, or in his absence the chairman, may administer an oath or affirmation to any person concerning any accounts or other mat- HAND-BOOK. 63 %o\-s submitted t) tli; Council. Sometiiuc's an oatlior attii-tuatiou is required. Id otli.T cases ')uly a djL'Uran )ii. An oatli is where a p;rs()n swears bycalliu;,' ou tlie AluiigUty to wituoss what he says, eith.-r by kissing tha r.j>n affirms without oath ; certain persons, according to the necessities of tiinir reliijious belief's, are per- mitted to iifliriu instead of to swear. Peo[)ie ;)r-li- nanly, in this country, hiive no ohje".tion to taking the oath, an 1 in such case, they must swear instea i of affirniiiiLr ; affirmations are the excei)tion, De- elaration-i art; statenn;nts tikeii before some official duly au li 'ri/.e I t > d > s >, as for instance, dechira- tions of office, etc., fdr which see pages 04 and 05. Salaries of Officers. Ti) entitle any )fficer to a salary or compensation, it must be exftressly given to him either by statute, by-law, resolution or contract. The Councillors caniiv)t remunerate themselvofe excejit as uientioued on page 00. Where the statute does not fix the salary an offi- cer is entitled to, the Council must provide for the same by a by law. No Council is permitted to let out any office by tender so that the lowest bidder is to receive the appointment. This method was found to be such an abuse that the Legislature stepped in and put a special prohibition upon this course being adopted. A municipal corporation may indemnify au officer against risk of loss, in a matter in which the cor- poration is interested. Au official holds office until the corporation re- 84 MTiNKtIPAK COUNCILLORS moves him from office. He is required to perforoi »11 duties that statiitos may appoint from time to time, or that the Council itself may impose. Though the appointment of a,n official may re- <[uire a seal, yet if he has served the corporation with its consent, he can recover for p^st services. Officers who, through old age, have while in sor- Tice become incapable of cOicientlydischarging their duties, may rcceiye a gratuity not exceeding the last three years of their salary or remuneration. It is required in granting of a gratuity like this , thatthfi officer must have b-^oii in the service of the juunicipality for at least twoijty years. Guarantee companies may be ycce]>ted as sure- lies for officials. HAND-BOOK. 85 CHAPTER VI. GENERAL POWER OF ALL MUNICIPALITIES. The powera of inimicipal corporations aro neces- sarily restricted. Some have more, some less power in certain matters. Li still ochar mittjrs, certain municipal corporations have powers wliich others do not possess whatever. This is nj;;ossary, accord- ing to die different circumstances respectively, of town and country, of the aggregate County Council, and the smaller township hody, of the village and the city. Still, there are certain powers and jiirisliction which it is necessary that all municipal councils should possess. In this chap- ter it is proposed to deal with these (jeneral powers. The powers of corporations are restricted to such .as aije given them by statute. Beyond what the statute gives them, they have none. The jurisdiction of every Council extends only to the municipality which the Council represents, ex- cept in rare instances, where authority is expressly given, as, for instance, in the case of counties liaving jurisdiction over an adjoining unorganized district. The general rule is, that a Council must act by by-law. In fact, this general rule is no imperative. that the statute says that "the powers of th< council shall be exercised by by-law whm not other- wise autfiorized or vrovideii for." It must, then, br observ(:d that when % resolution or other method y so MTINICIPAT COUNCILIi'mS acting is not specially mentioned in the statute a by-law is absolutely nectissary. As said in llarri- ^on's Municipal Manual, — " whenever a Municipal Council IS in doubt wln;thoi' it can, or can not, do a particular thing b}' order or resolution, it would bo much safer and wiser, owing to the doubt, to use the by-law." Every Council may make regulations not specific- ally provided for by the Municipal Act and not contrary to law, for governing the proceedings of the Council, the conduct of the meuibers, the ap- pointing or calling of special meetings, and gener- ally such other regulations as the good of the in- habitants of the municipality requires. It will be observed that the by laws must not be inconsistent with the Municipal Act. and must not contravene the law of the land. For instance, a Council has no power to alter any of the rules laid down by statute as to elections, an i it it passes a by-law for an illegal purpose, the by-law is invalid. The right to repeal, altar or amend bj'-liivvt> is of necessity granted to Councils, but there are certain cases where this right is restrioti'U, ns mentioned elsewhere : for instance, where debentures are issued under a by-lav,', such by-law can not be repealed. The granting of monopolies is prohil>;ted. Like- wise the imi)osifcion ol a si)ecial tax on any persoa exercising a trade or calling. As to licensing a par- ticular trade or calling this subject is treated subse- quently. A council may direct a fee not exceeding $1.00 to be paid to the proper officer "tor a certifi- cal- of compliance" with any regulations in regard io such trade or calling. HAND-BOOK. 87 A Council may G^rant exclusive privileges in any ferry which may bo vested in the Corporation, hut not in any ferry Itetween this PrDvince and aiiother country or i)rovince. By-Laws. liow Authi>nti<'aten to the by-law; and this either by him- self or by his counsel or attorney, lie must peti- tion the Council, but after -doing so, it is ;i matter of right that he should be heard. He may urge the following objections :- - 1. That the necessary uctice of the application *See pttt«e G7 as to auotlier member taking the placo of the head of the Council by presidiug. ii m MUNICIPAL. C0UNC1L.L0UB fortho by-law was not given. 2. That any of the signatures to the application are not genuine. 3. That some of the signatures were obtained on incorrect statements. 4' That the proijosud l)ylavv is contrary to the wishes of tlie persons whose signatures were so ob-^ tained. 5. That the remaining signatures do not amount to the number nor represent the amount of property necessary to the passage of the by-law. If the Council is satisfied ujjon the evidence that application for the by-law docs not fulfil the require- ments justenumeratcd, the Council should not pass the by-law. Vothuj on hy-lnu's hi/ electors.— V^hanover the con- sent of the electors is required to the passing of a by-law, the following are the requisite proceedings : The Council shall by the by-law fix the day Und hour for taking the votes of the electors, and such places in the municipality ai* thoy shall in their dis- cretion deem best for the purpose ; wliore the votes are to be taken in more than. one place, they shall name the deputy-returning oiHcers. The day fixed for taking the votes shall not be leas than three, nor moie than five weekij after the first j)ublication.* A copy must be published in some public news- paper, either of the municipality or county town, or of an adjoining local municipality, as the Council *It has bteu lield that tliu b}-law need not l)Hsit:;ned and rtealod before pulUication. The bydaw should be read be- !oro [lubJicatiuu and sauctioned by the Couujil, but the linal ri'adin'4 m ])assinf^ sliould not bo until after the publi- •jatioii. HAND-BOOK. 80 mai/ (Icsiiinnte by resolution, Tlic |>ul»liciitiou mustlc ■oijce a week Uayalilc', in uhieh hiiKO the lessee has ctivc iianted to \ii\\ all niunicijuil taxes in resjitict to the |ir(»i>erty ita.sed.'" 'J he two siicial riqiiirenients of the leaseholder votinj^' un thot , thi lime as just quolid ovtr which the least' niiisi extend, and tiie taxes heing required to he I'ain hy the kssfo, and not the lanillord. As regards a hy-law respecting local luqtrovcuients. it ujatters ni»t h w lon^j tljo lease may be, to entitle the leasi holdtr to vole, but he must pay the taxes. Unmarried wouien and widows may vote who pos- sess the property and other qualiticatious whicli would, if they were male ratepayers, ent'tle them to vote. . ' * The following is the lorm of a freeholder's oath or aflh'mation : Yon swear that you aro of the full Uf^e of 21 ycftrs. aud a Matnral born (or iiatnriilized) subject of Her Majesty. Tliat you are a freeliolder in your own ri^ht (or iu tho rifjht of your wife, as the case may Tiquirr), wilhiu the Muni- oipality tor which this vote is taken; That you havo not voted before on the bv-law iu thi.", Township (or Ward, an tJw ca$c 7nay be) ; That you are, according to hiw, entitled to vote on the said hy-law : Tliat you have not uwectly or indirectly received any reward or gift, nor do you expect to receive any, for the vote which you tender ; That you are tho person named, or purportiuf} to ho nam •;d, in the voters' list of the electors ; That you have not received anything, either directlv >r indirectly, either to induce you to vote on this bj- iaw, or for loss of time, travelling expenses, hire of team / il IMAGE EVALUATION TEST TARGET (MT-3) 7 ^ ^ /> L^/ 1.0 I.I 1.25 «ff||||M 1121 ''.• 1132 136 1.4 IIIIM IIIM 1.6 V2 'c^. ^3 v^^ ,^. *^C>^ /^ o 7 M Photographic Sciences Corporation 1 is. ^ \ N> '^ (ff' %: 6^ ^ ^^ -t- 'e %^ <^' 23 WEST MAIN STREET WEBSTER, NY. 14S80 (716) 872-4503 --^^ (/j v"0 92 MUNipiPAL C0UNCn.L0R8 or any other servico cuiinected therewith ; Ai)il that you have not directly or indirectly paid or pro- inisot sucii company or person establishing or continuing ;♦. manufactory iv. tho ratepayers,, the tollowing notice must ho {uihlislied : Notice IS hereby yiven tliat ii bj-law wan pussed by the of of ou tho (lay of A.D,, 18 , providiu}.' for the issue of uobeiitnres to the amnnut of $ foi tho iiurpdHB of aad that such hv law wivb rt-t;i»tered in tlie rp^'iHtry office of thocouiity •f CD th» day of A..T). 18 Any motion to qniish or sot aaide the Hame or any part thereof njUht bo niado within throe months fioai the dat« of rof^istration and cannot be made thoraftor. Dated the day of IH Clerk This notice must be jmbJishcd " in aoiiie ))uhlic ncwri[ aper ^'Uhlislud oitlier within the mnuiciitulity or in the county town or m a [)ubUc newspaper in an adjoining h)cal municipahty as the Council may 4csiv,nate by resolution." It niu8t be smce a week for three successive weeks. By-Laws Kespectin(; Yearly Rates. Yearly rates, which sue rales for debts fulling dn( within the year, cannot be higlur than two cents in the dollar vi\ the actual value. " This \» besides school rates. The object of the law in making Councils providf; to meet their liabilitius w-ithin a year, by a rate of the year itself, is to make each year provide lor itself, and prevent Councils of one yearlrtjm Lurth- oning future Councils with their debts. UAND-UOOK. 101 To the limit cf \\\o ctuts in the (lc>llRr tlicrc art- oxcciitioris i>rovi(li(l in tlic cbbch of niuiiitii jilitien wliert' tlio iiggiej^'nto nnjoiint icquiiTtl for thu "cur- rciit nniiiml (Xiu'nses" auil tlic iiit<:rcKt and the I'rintiiiul of tin*! debts cfntrtu-ted \>y smli iiiunici- luilitics on 2()th Maicli, 1H78, exceed the aggrcgato rata of two cents in the dollar. The explanation of this is, that the limit of two cents in the dollar was first < staidished by a btatute passed on SDth March, 1H7M. The object of the Legishitiiro was to restrain the incurring of di'bts by municipalities, but in restiaiuing them as to the future, the Legislature thought it necessary not to prevent municipalities from liquidating obJigations aire ady incurred. Such municipalities must not contract further debts until they reduce the rate within two cents in the dollar. . There may also be an exception to the restric- tion when the legislature provides by a special act for a particular purpose that the rate may be ex- ceeded. This is done sometimes in aid of local railway enterprises. ■ The rate i.'.uht i)C levied on tha a.ctuB.\ value o{ property. Thus a rate of so mu'-h per acre is illegal. The estimates must be made each year, and in re- gard to them the Council must take mto consider- tion (1) the cost of collection of the rate, and (2) the abatement and losses which may occur in its collection as well as (3) such taxes on the lands of non-residents as may not bo collected A li>cal n iiuicipality has not the power to impose ji rate in aid of a Countv rate. The rate is levied under authority of a by-law 'liW 102 MUNICIPAL COUNCILLORS or by-laws passed lor tho purpose. . A by-law of this kind sliouKI rocitc the amount proposed to bf, rnised, wlien payable, and the whole amount of the rateable property according to the Inst revised or equalized assessment ndls. [f the amount collected falls short of the sumit required, the Council may direct the deficiency to be made up from any unappropriated fund be- longin*^' to the municipality. If there is no unap- propriated fund tlie deficiency may be equally 'leducted from the estimates, or any part of them. If the amount collected exceeds tho estimates, then the excess belongs to the general fund, except when the excess collected is in a special tax upon a particular locality ; m such -^ase the appropriation mutt be appropriated to the special local object. The financial year begins 1st January and ends Blst December. Taxes are due fr(»m 1st January, tmless the Council directs a different time for them to be due. There is a special provision relating to Debentures issued before 1st January 18G7. The necessity of this provision is, tl.at before this date, in cities, towns and villages, yearly and not actual values prevailed, and so the by-laws of these municipalities had to be bastd upon yearly valueb. Debentures were issued on the security of such •values and rights acquired by the purchasers of them that such values should until the payment of the debentures be maintained. The statute declares in effect that these rights shall be maintained by the levy of a rate on the actual real value, sufficient to produce a sum equal to that leviable or produced on \ \\. HAMi-IinOK. lOJ'. the yearly values of property uh ostnMished 1)y tlu )iH8t'88n)ent of 1H(}(5. Tlicso rates are to bo ftpplie(1 in pnyment oftlioae debentures, which iire to htivc the sftmc order of priority a.s tliey occupied on Ist .fanuarv IHOT. Anticipatort Appropriations. The Municipal Act onact.'i uh follows : — 871. In case any Council dcKires to make an an- ticipatory appropriation for the next ensuing year. in lieu ol the Bpccial rate for suciiycar inr«>spoct of any dei)t, the Council may do so, by by-law, in the manner and subject to tht provisions and restric tions following : - (1) The Council may carry co the credit of th' .sinking fund account ot the d(>bt, as much us may be necessary for tlu p. pose aforesaid ; («) Of [)*'y money at the credit of the special rate account of the debt beyond the interest on such debt for the year following that in which the anticipator) Appropriation is made ; (b) And of any money raised tor the jdirposc aforesaid by additional rate or otherwise : (c) And ot any money derived fnun any temporary investment of the sinking fund ; (f/) And of any suri)lus money derived frorn mmv corporation work or any share oiiiittrest tlieroin : (e) And ol'aiiy unuppropriuted nior 'v in the treas- ury :'*'■ ■ 'A' Council should not take monevn alr^ily iipprnpriatect ituii fipply iliotu to purposes liiffercut to those they wen ori^innlly tt{ifiii)i>riated for. It hus been deciiled in the Court uf Qneeu'.s IJencli that this ciui udL 1h dune in tJ't- case of iipproprialionb U llie ^iukiii}.; fund account uf the debt. * ^ 104 MUNICIPAL {.OUNriLI.ORS Such moneys respectively not having been other- wise n|)))roprjatoil. (2) Tlie by-law mukiii*,' the apiM'opriiitions shall (]isti))^t!:uish the several smrcos of the amount, and the ])ortion8 thereof to he respectively applied lor tlic mtercst and for the sinkiiii,' fund anpr-opriation of the debt for suidi next ensrinf^ year. (H) in case the moneys so retained at, the credit of the special rate account, and so a]ipropriated to tlu' sinking fund a'ccount from all or any nf the s luix-es above mentioned, are suthcient to meet tlio sinking funrl np))ropri:ition and interest lor the next ensuing year, the Council raay then pass a by-law directing that the original rate for such next ensuing yciir be not levied. 372. The by-law shall not be valid unless it recites : [n) The original amount of the debt, and in brief and general terms, the object for which the debt was created ; (It) The amount, if any, already paid ot the debt; (r) The annual amount of the sinking fund apjiru- priation required in respect of such debt ; (d) The total amount, then on hand, of the sink- ing fund appropriations, in rL.-j{)'.'ct to the debt, dis- tinguishing the amount thereol'ni cash in the treas- ury from the amount tempoiarily invested ; (<') The amount required to meet the interest of the debt for the year next after the making of such antici}f;i,tory appropriiitiou : and (/") Tj)at the Council has retained at the credit of" the s[>ccial rate account of the debt, a, sum sufficient to meet tlu: next year's interest (naming the amount of it), and tJiat the Council has carried to the credit HAND-BOOk, 101 of leh of the 5iukini5 fi'iil aocoutit a sulq suffijieat to moet tho siiikiti;,' fund ii[)i)roprntii)ii (iiamiii^^ the auioimt of it) for such year. (2) No such by law shall be valiJ uult:ss approved hy the Liciiteiieut-Govuriior iu Council. 373, After the dissolution of any Municipal Union, the Senior Municipality may make an antici[)atory ippropriation for the relief of the Junior Munioi[>al- ity, in respect of any debt seiMifed by the by-law. in the same manner as the Senior Municipality might do on its own behalf. Finances. Every municipal corp(^rauou must keep two ac- •ouiiLs ; (jue, the special rate account, and the other \,he sinking fund or instahnonts account. These 'Uroctions aro im^)er,itive, a.i i t!i i rei I u's' attention is specially directed to sections 374 to 384 of thu stat- ite, which contain in themselves sufficient directions without any other comment. A commission of enquiiy may be had into the fin- uivjial aff lira of tin corporauion. This commission would be issued by the Provincial Government at :he instance of oue-thirc! of the members of the Conn- •11, or thirty duly qualified electors of the Munici- pality. of }nt linu Idit 106 MUNICIPAL COTTNCII.I^ORS il CHAPTEE VII. ARBITRATIONS. Appointment of Arbitrators. — ArbitratorH on behali ol a corporatif real property taken or injured by the corporation. \ BAKD-BOOK. lO'; ■the ar khev so, ition or the In such case the first appomtiuent ia lainle by the individual, and the corporation must within 8oveu days after tiotic*^ appoint a second arl)itrator, and give notice. The Council in this kind of arbitration must express " what powern tlie Council intends to •ex':'rcise with re8[>oc'. to the })ro[)erty, describini^ it." When the initiative is not taken by the individual, the course t) hcadopt^^d is as follows : — The Council has him served with a copy of the by-law, certified under the hand of the Clerk, and if the person so Dotified fails within "Jl days to name an arbitrator and j,'ive notiii', then the Council may appoint an arbitrator. The individual then has seven days to api)oint one. AViien there are several persons and the Council seeks to include them in one arbitration, as having interests in the one property, or in parts of it, then they have 21 days instt ad of 7, to appoint an arbi- trator for themselves jointly. Failure to Appoint an Arbitrator. — lu case of any failure to appoint an arbitrator then the County Judge appoints one for the )3arty or parties failing to appoint. He also appoints the third arbitrator. An arbitrator appointed by him must not be a resi- dent of the municipality. Time for Makimj Award. — The arbitrators must make their award within one month from the ap- pointment of the third arbitrator. Persons Di-squalijied as Arbitrators.— CouncilloVB or officers of an interested municipality can not be arbitrators. 108 MUNICIPAL COUNCILLORS Ooih of Arfntrator. — The following oalli* mnsfc before tlie arlntiatu n takes ]ilace be taken by eacb arbitrator before a Justice of tlie Peace : "I (A. B.) do swear (or affirvi) that I will well and truly try tlie niatttrs referred to me by tlio parties, and a true and impartial av.ard n ake in the premises, according to the evidence end my skill and knowledge. So help me God." This oath must be signed by him. lime of Meeting, etc. — Ihe aibitrntors must meet v/ithin twenty clays after the ai>] ointment of the tliird arbitrator. Their award must be in writing. If it is resjiecting drainage work, it must be in trij li- cate, one copy to be registered in the Eegistry office. All awards must be filed with the clerks of munici- palities interested. They have discretion as to awarding how costs are to be paid. Notes of evidence must be taken and filed with the clerk, as well as documentary evidence or ac )py thereof. It they proceed on a view by themselves, or use their own knowledge in arriving ata decision, they mi st i ut a stattn. cut thereof in writing. Where in regard to property to be entered upon or taken from individuals, the by-law does not aii- tliorize the entry on, or taking of the property before the making of the award. And when the by-law lias autl< I'icd the taking or entry en the i-njpcrty, but tlie Mli1ral( IS find that the authority has not- been acted ujcn, they have the same period. 'Though appointed by a particular side, an arbitrator Hhould remember that he is not to act on behalf ofthatside; he iK to act impartially, being placed in a judicial position- He is judge of law and facts. HAND-ROOt. 109 ill caaes of this kind no notes of the evideiK -^ need be written. In the event of the failure of the corporation to adopt the award, th(> bv-law is con- sidered repealed, and the corporation must ].av th^ '308ts of the arbitration. Awards must be .sigued by all or two of the arbi- trators, the decision of tlie majority being binding. Awards are .ubjeet to revision by the High Court of -iustice. )l' IIU MUNICIPAL CUUNCILLOKS CHAPT-EK VIII. POLICE OFFICE, MAGISTRATE, COMMIS- SIONERS, ETC., IN (TriES AND TOWNS. —COURT HOUSE, GAOLS, ETC. f uiice ({ffice. — In every city and town there must be a police office. Where there is a P )hce Magis- trate he attends (hiily, or as often as necessary. In his absence or in case there is no Pohce Magistrate then the Mayor atten<]s. Justices of tl:!e Peace may act at the request either of the Pohce Magistrate, or Mayor, where there is no Pohce Magistrate. Except in cases of ".rgent nocessiiy no attendance IS required (,u Sundays, Christmas Day, GooJ Friday, days appointed foi- Fast or Thanksgiving or Civic lloUdays. Ihitieg of CUrks.— City and Town Clerks, are Clerks <)f Police Courts. When paid by fixed salary their tees belong to the Municipality. Salaries of Police Matjistratei*. The salaries of Policf; Magistrates are fixed by statute as follows: — lu cities, $1,400 a year. In towns ol 0,000 inhabitants and under 800 between (i.OUO and 8,000 1,000 '' over 8,000 1,200 Police Magistrates" salaries are payable by the city or towji, half yearly. No salaried Police Magistrate i.s appointed for a HAND-BOOK. Ill of lie town not liaviny: more than 5,000 inhabitants, until two-thirds of the members of the Town Council pass a rrsolution attirming the expediency thereof, and the Council may by such resolution fix the salary. Any Police Magistrate appointed before the 20th March, 1873, is uot affected by the above rules as to any salary he was then entitled to. Police Commissioners. Every city must have a Board of j'olice Commis- lioners. With towns, it is optional to have such a Board. The Board is fixed by statute as follows : — The Mayor, the County Judge, and the Police Magistrate.''-' A Town having Police Commissioners, may at any time by by-law dissolve the Board. The Board has powers delegated it, which ordi- narily belong to Councils these being the power of licensing livery stables, cabs, etc., in cities and ap- pointment and control of the police force. With regard to the licensing, etc.. of livery stables and cabs, they have also the power to regulate the rates ot fare to be tak«n by the owners or drivers. This would relate to travel within the city. It is the owner, however, and not the driver of a cab who is required to take out a license. Until the organization of a Board of Police, everj Mayor or Police Magistrate may, within his jurisdic- tion, suspend from office for any period in his dis. •In case the office of County Juuge or that of PoHct Magistrate is vacant, the Council ot the City sfiall. and tht Council of the town may appoint a lesidcnt (or two reni dents as the case may be) of the city or town, to he mem hers of the Board during sue)' vacancy. 112 MUNICIPAL < OUNCILLORS cretioii, the Chief Constable, or any Constable of the town or city. He may, if he chooees, appoint ,-jome other person to the office during such period. In case he considers the suspended officer deserving of dismissal, he shall, immediately after suspending )iim report the case to the Council ; the Council may then dismiss or it may direct him to be restored to his office after the period of his suspension. During the suspension such officer shall nf)t be entitled to any salary. While the appointment of Chief of Police or Con- stables is in the hands of the Commissioners in a City, the Council have the appointment of and must appoint a High Bailiff, but it may provide by by-law that the office of High Bailiff and Chief Constable may be held by the same person. Court Houses, Gaols, eto. Court Houses, Gaols, Houses of Correction, and Houses of Industry, are erected by County Councils, and it is iheir duty to keep them (when erected) in rei)uir, and to provide food, fuel and otlior sai)plii;b necessary for them. As to Gaols, there is a special provision (.mpowcring the Inspector of Asylums to rcjxiit on them, and in the event ot the C:)uuty Council failing to mane tlienecessaiy repairs reqnir- ed by the Inspect(U''s rei)ort, (which is subject to revjsiiin by the Lieut.-Governor) they may be com- pelled to make the repairs at tbe instance of the Attorney General or any private pn)secutor. Ciiy Councils may erect, preserve, improve and provide for the proper keeping of a Court House, Gaol, House of Correction, and a House of Industry upon land being the property of the municipality. I nANUHOOK, lUi md may pass by-laws for any or all of those pur d -up House is a place where persons an poses. A Loci temporarily confined, or committed for a sliort apace ot time.* Lock-up Houses may be established by County Councils and a constable placed in charge, such con- stable being appointed at the (leneral Sessions of the Peace. His salary is to be paid by the County. or he may be paid by foes. Lock-up Ht)uses under the jurisdiction of cities, towns, townships and incoi j)orated villages, are where prisoners may l^e confined in the following cases : — 1 . Where they are scntmrcd to imprisonment tor not moie than ton days, under a by-law of the Coiin- HI. 2. When they are ilctdincd for examination on the cliiirge of having committed any offence. H. When chev are detained for transmission to the C;'!,i!ii()ii Gaol or H.)use of Correction. 'I'lie b)cal Councils, have the same powers in rCj-M' to Lock-ui> Houses as are possessed by County Ct'iliivlls. 'I'wo or liiuio i\lunicipahties may unite to establish an iiiaintiiin a Lock up House. Two 'r more municipalities may unite to estab- lish a Lock-up House. ijand may be acquired by any county, city or * Lock up Houses are very oftc». I'^-^lv kept, there l)einfj uo institutions uhidi, as n. rule, me so mpltctcd fis tlle^ fMi'. It (ui^ht to be renieml>ered that f/risonerrt arc huinMU be'i ;4s, aucl wlictlier tht-y are innocent or guilty, thert'oiiglit to ino approach to doccncy in niaiataining tlieae IjiK.k up Houses. 6 ' lU MINK II'AI, COINCIM.OKS town separated fit )Ui the county for Industrial Furius. Jlouscs of Industry iind Houses of Itefuge, undtluy may be kei)t up, and tlie necessary officials ajipomt- rd and i.u general governed by the munici[iality. Any two jr more of contiguous municii)alitiesmay unite in lia/ing these institutions. The persons liable to be committed to the House of Correction or to the Industrials Farms are "such description of persons as may by the Council be tiecmcd and by by-lnw ]jo declared exi)cdiont." They may be committed either >\itli or "without liard labor. Persons of the Allowing classes are par- tici larly ])ointed out as lit subjects for confinement in Houses of Industry and Ptelugc : "(li. All poor and indigent persons who are incapable of su^tixirting themselves ; '•(2.) All ])(Tsoiis without the means of main- taining themselves, and able of body to work, and who refuse or neglect so to do ; "(8.) All ]iersons leading a lewd, dissolute or vag- rant life, and exorcising no ordinary calling, or law- ful business suiJicient to gain o procure au honest living ; ''(•1.) And all such as spend their time and prop- i;rty in public houses, to the neglect of any lawful calling ; "(5.) And idiots."' The object of Houses of Correction as distinguish- id from (laols, is to imprison such individuals, who, although not crimhials, lead idle, disorderly or vagrant lives. AVheie there is no House of Correc- tion the county gaol is to be used for this purpose. The sherilf has the care of the gaol, gaol ofScc, HAND-HOOK. 11 are yard and gaolers" apartments, and tlic appointment of the ^'aolor and turnkeys, but every appointment or dismissal ot a gnolcr is subject to the npiu'oval of the Ontario (loverniuont. The salaries are by the County Council subject to the revision or require- ment of thenses the^ must biar the expense of building, repairnig and maintaninig Coui't House and gaol, including lightuig, heating, furniture, etc. ; as well as these expenses for the offices connrctcd with the courts, they must also contribute to the ex})enses of criminal justice, except constables' fees, and the charges connected with coroner's inquests, and also excepting such other ciiarges as the counties are entitled to be n-paid by the Province. In the tvciit of ilic city or to\vn and county not ])oing al>le to agree as to tlicir resjiective proportion of such expenses, then tho disjuid^ is to be settled by arbitration, Sco jircccding chapter. IK; MIINMII'AJ. roJ'NCn.LORB If, lifter tJic lapse of five years after agn oiiK^nt lictwoon tlic cdiponilioijs as to tlj»; i)roi)ortiou of • 'Xptuses to be b«»rm' by tliciii, or after an award bv arbitration, as tlic cabo may lio, citber corporaticjji ;(|il»ii('.s to the Ontario (lovorniucnt, and tbcCloveru- niont tbinivs it rca.sonalib' tbat tbe amount of cow pcn.siititMi rtJjouM be recon.si(lt.'reil, tbey may by an Order in ('«;uncil direct tlio existing arrangement to ease aft(!r i* time named in tbe ortler. 'IMuirt; must \'i iben be ii now agreement or arbitration, Inil M» le t rection ot a Court I louse or jaol, a city is bave a voice in tbe selection of tbe site. If tbe tity and county fail to agree, tb»ii tbe dispute is to be settled by aibilration. Tliere is a special provision to tbe effect tbat 'I'Mnties ar«' liiible i)jil_\ for sucli furniture as tiiey hiivr ordcjx'd or given autiu)rity to order. Tbis is !>> provcut officials from procuring furnitun v.ithout lu-inir iinlbori/ed. HANn-uodk. ir CHAPTER IX. TNVKSTKiATlON INTO THE CONDUCT OF, OFFICIALS. Any Council may by passinK a resolution roquosl ilie County Judge to ejiquiro into any of the fol- 'owinj; matters : — 1. A Hupixvsi'd malfeasance, breach of trust or Either misconduct on the jiart of any member of the Council or officer of the cojporatun. 2. Or any person having a contract therewith. tS. Any matter connected with the good govern- ment of the munieii»ality or the conduct of any pari of the public business thereof. A simple resolution containing a request to th«; County Judge is all that is rcquircd. It then bo- ijomes the duty ot the Judge to investigate and he has the power to examine witnesses upon oath. After the investigation is concluded he reports to she Council the result of the enquiry and the evidence' taken. Besides the investigation into matters above pro- vided for, the attention of the reader is directed to page 105, where investigation into the finaucea of a 'orporation is 8poken of. 118 MUNICIPAL COUNCILLORS CHAPTEB VIH. POWERS OF TARTICULAPt jMUNICIPAL COUNCILS. In Chapter Wl. general powers possessdl by tiJi municipalities were treated of. It was then said in introducing the subject, that "the powers of muni- cipal corporations are necessarily restricted. Some have more, some less power in certain matters. In still ether matters certain municipal corporations have powers which others do not possess whatever." That chapter trtateu, as has just been said, cf general powers which all Councils possess ; tlic present chapter will treat of powers which particu- lar Councils only possess. In the nature of our complex municipal system, and in the different necessities of town and counlrv municipalities, there are certain powers suitable to one municipality that arc not suital>le to nnother. For instance, cities and towns roquiro certain powern which are not necessary to a township and //>/' rersa. Then counties need certain juiwers which snbordi- nnte municipnlities cannot possess. Owing to the coni})Jicated rec;uiremfints of the different nunicipalities it has been necessary in the framing of the jMunicipal Act to group them into Certain divisions according to the powers they pos- sess. Those rjivisions areas f(dlows :•— r>iv, T. -Of Counties, Townships, Citie:"-, To-vus, and [lU'orporatod Villages. llAND-BOOK. 119 Div. II. — Of Townships, Cities, To\viiS and lu- corporatcd Villages. I)iv. IT^ — 01 Councils of Counties and Cities. Div. IV. — Of Counties, Cities and Separated Towns. Div. V. — Of Cities, Towns and Incorporated Villages. Div. VI. — Of Citie.s and Towns. Div. VII. — Of Towns and Incorporated Villages. Div. VIII.- Of Counties only. Div. IX. — Of Townships only. Ill observing these groups of municipalities, to ascertain the powers possessed by them, it is well to see in each in.jf.iace, — firstly, what municipali- ties are mentioned, and secondly, any municipality that is omitted. By following this rule the powers of the yaiiuLis councils will be easily discerned. In treating of the different powers, the writer finds that to treat of chem all at length would expand this hand-book into a large volume. Owing to the limited space the matters that are of most impor- tance will alone be treated oi at any length. Division I.— Powers of Councils of Counties, Town- ships, CiTiKS, Towns AND Incorporated Villages. Obtainhuj Iruperty. — A municipal corporation can not acquire land for speculation or profit, except that wet lands as mentioned hereafter may be so acquired by them. The law allows a corporation to obtain such real and personal property as may be required for the use of the corporation, for erecting a hall, and other necessary municipal buildings. These buildings should be erected on laud belong- ing CO the corporation. JM/ 120 MUNICIPAL COUNCILLORS ^r u Ajipointing Ofwcrs. — Besides the other uecessary ofiitijils, a niuiiicipal ccrporatiou has the power to- appoint the f(>]l()wiijg : — Poiind-keepera, Road Surveyors, Fence Viewers, K ad CommisaionerSy Overseers of Highways, Yahiators, Game Inspectors, aijd w}iii( t])e general rule is that a Councillor can net 1( ',])(iiit(d to }iny ( fiice in the gift of the Cdinci], crhnve any contract with the corporation, still, it IS cxj'rtssly provided that a Councillor may act ah couin)issioner, superintendent or overseer over {11,} i< i w (1 W( ik of the municipality. And he may be ] ai( 1 y the Council. l,<.ili ;.v (i( (hs, etc.— A C( uncil may pass by laws to 1 levent the encumlieiing, injuring or louling oi haiht rs. (.( il\s, wharves, drains, sewers, shores, bays or rivers. And it may cause obstructions to wharves etc., to be rcm(.)V8d at the exjiense of the owner or occuj'ant ci the property on which these obstruc- tions may l)e. A C(iuncil may make and maintain wharves, docks, ai.d } revent the filling u]» of harbors; and erect and mai:itain the necessary beacons; and rout wharves, elevators, etc., regulate the vessels, etc.^ arriving in the liarbor ; and imjoseand collect such reasonable harbor dues as may serve to keep the har- bor ill good order, and pay a harbor master. It may grant aid by way of bonus towards the eonstruction of harbors, etc. Aidhhj Agricultural and other Societies. — A Couii- oil may grant money or land in aid of the Agricul- tural ard Arts Association of Ontario, or of any duly HAND -BOOB.. 121 ,'(.■3 T or •vcs, and rcMit etc. r sivcb har- the ouu- icul- (luly organized Agricultural or IL)rticultural Society in ♦Ontario, or of any incorporated Mechanics' lustitutt within the niunicipahty, or within any adjoining municipality. Aiding Manitfactnring Estnhlishments. — Manufactur iug cstablishniciits may be aided by corporations by way of bonus. This may be done either by one sum or by annual or other payments. The parties aided may be restricted as to terms, aud may be required to give security by mortgage or otherwise. "^^ In a case where the majority of the members of the Council granting the bonus were also stockhold- ers in the concern to be benefited the court held that the bonus by-law was invalid. See page 80. The ••assent of the electors is required to a by-law grant- ing a bonus in aid of a manufactory. An elector who is a shareholder in a company applying for a bonus has no right to vote on the by-law. Aiding Road Companies, He. — Stock may betaken, money may be lent, or a bonus given to any incor- porated company in respect of any road, bridge or harbor withm or near tlie municipility. The assent of the electors is necessary. See the Act relatmg to Joint Stock lload Companies, Revised Statutes of Ontario, chap. 152. Indigrnt persons (ind Charities. — It ii in the discre- tion of municipalities to aid indigent persons in workhouses, hospitals, insane, deaf and dumb or blind asylums, etc. They may also grant aid to charitable institutions or out-door relief to the resi- *ExemptioD from taxation may be given for a poriod nol logger than ten years. Such exemption may be given to •ither a new or an old manufactory. 7 rs2 SrUNICIPAL COCNCILLOKr) dent )u>or. i. Cemus. — A Mimicipal Council may have a ccrisns fcalceu of tlie inhabitants orof tho resid-nt male frce- hoMcrs and Ijouscholdors.* • Drivlnj on Rulsanl liruhji's. — V C)UU(:il may rof'ulate the driving and I'l iinijr of horses and other catthi on highways and bridgi'S, and prevent racili^5^ imiuoderate or dangerous drivuig or riding. In addition to thi» provision, a gen<.'ral statute •nact-s that any (>drjrii \vh ) h.is tih) siooriiibanl-Mce or la.inago'uaut ofab'-idge over 3> ft. in hngth may })at U|) a notioe Itigibiy pria:e.l la the fj. lowing form : "Any pursou at par.iOiis ridiu;^ or •li-ivintj ov.ir this brul«e at a fiistei- rate t'rau a walk, will on couvictioa tliereof be . •u'ljeot to a fine, as provided by law." Uj) 'n such notii-e being ])osted, any p-crson so riding or driving faster tJiaii a widk may be fined not less than ^1, nor more, than $20 and costs. See Eev. Stat. (•hap. 183. Drabuvje. — Drains, sowers and water courses may be oo.Mied, n\ade, })reserved, im[)ri)ved, repaired^ widened, altered, diverted, stopped a[), or pulled down by mnmc-pal corporations ; aiil land may bo entered upon, broken u]), tairen or used in any way necessary or couvonioni i'or theso {imposes. As to this subject, see the latter part of this chapter under the head, " (^omprnmtion for lands taken,'' K;itrss from Bnildinp. — Owing to many serious casualties to life, whi>'h have resulted in times of panic from (jvercrowdod assemblies seeKins: e^'res* from public buildings, it has been enacted that mun- icipalities may pa&s by-laws regulating the size and *Tho Domtaiou osnsuH, nnder the supervisiou of th» CaMaitiau Guveriiiiiuiit, iM takou every ten years. ;. HAND-BOOK. 123 )US of less lim- Ind Ith* mum1)er of doors in churches, theatres, h-.ilU or other public buiMiu^'s ; the street gates lea Uug thereto as well as the size ami structure (^f stairs ami stair railings, ami the strength of beams, joists and sup- ports are similarly provided for. Fi.n;'$ and Pcmiltu's. — The iiapositiou of fuios and penalties may b>3 enautod by Manicl[ial C)uncil3, such fines and penalties not to exceed $50 and costs ill tlie following cases : — Upon any person tor the non-pcrforinancc of jiis duties who has been elected to any office in the cor- poration and who neglects or refuses to accept such office unless good cause bo shewn therefcu', or to take the declaration of office and afterwards neglect the duties thereof. For breach of any of the by-laws of the corpora- lion. There should bo provided by a Ly-law of this kind, a proceeding to distrain in tlio event of the fines not heing pai.l, and ni the event of non- payment of fine or failure to collect by distress, im- prisonment has to be provided for. Tlio term of imprisonment (either with or without hard labor) 13 limited to 21 days. But in cities, and in the case «f by-laws for the suppression ^f hi)uses of ill-fame, the imprisonment may ho made to extend to six months. A by-law inllictiug a larger fine or greater im- prisonment than allowed, would be invalid, but a amaller fine or less imprisonment may be enacted. Ornamental Irees. — Any Council may plant or bonus to the extent of 25 cents a tree tho planting •f trees on the highways or public squares. The 4 124 MUNICIPAL COUNCILLORi Ontario (lovornraent will recoup tnumcipalities. half the sums so expended. See " Ontario Tree- Planting Act 1883," and Sees. 482 and 490 of Muni- cipal Act 18B3. Teniperance Laws. — For the pa^saing of temperance- laws, attention is directed to the Canada Temperance Act, better known as the Scott Act. Seizing Bread. — A Council may pass a by-law for seizing and forfeiting bread and other articles oflight weight and short measurement. It has been recently decided that in Huch a by-law ft Council may provide that each loaf should be stamped with the weight for which it is intended ,ta be sold. Snpphf of Water. — Contracts may be made with a company for supplying water for fire and other public purposes. The renting of hydrants or any other 8uch contract must not be for more than ten years, with a provision ol renewal for another ten years- A municipality may also purchase hydrants and tire apparatus and appliances. Apprehension of Criminals. — A reward may be oJSFer- ed and paid by any Council for the discovery, appre- hension or conviction of any criminal or one sus- pected of being so, in the case of a flagrant crimt having been committed. Compensation for lands taken. — When real property is entered upon, taken or used by a corporation in PKcrcise of any of its powers, it must make compen- ^lon therefor to the owner or occupier, and if th» »/-U'peusatiou be not mutually agreed upon, resort r,:r ^^ be had to arbitration. It has been recently decided that the compensa- HAND-BOOK. 125 ^rty in [en- tile lori sa- tion need not be made before the lands are entered upon. Summary remedy if by-laws not obeyed. — In addition to the punishment by fine for infraction of by-laws as mentioned on page 123 the Municipal Act pro- vides another summary remedy as follows : "Whenever any Municipal Council has any au- * thority to direct, by by-law or otherwise, that any matter or thing should be done by any person or corporation, such Council may also, by the same or another by-law, direct that in default of its being done by the person, such matter or thing shall be done at the expense of the person in default, and may recover the expense thereof with costs by action or distress ; and in case of non-payment thereof, the same shall be recovered in like manner as munici- pal taxes." Division II. — Powers of Councils of Townships, Cities, Towns and Incorporated Villages. It will be observed that in this division countie» are not included. Polling sub-divismis may be made or changed from time to time. Whenever the electors in any ward, township or village exceed 200, then it is compulsory so make polling sub-divisions. There must never be more than 200 electors in any polling subdivision. The polling subdivisions for Legislative Assem- bly and municipal elections must be the same except that the Council of every city, town or incorporated Tillage may by by-law unite any two adjoining poll iug sub-divisions for municipq,l purposes. Disqualifying Tax Defaulters. — As to this power see pages 44 and 45. ••'Ill 12C MI!MCIl'AI. COUNCILl-'iUS BiUiard and H(ii}(itcUr 'iahlcs. — Power is f^iven to tlicso municipiilitics to license and regulate the use of billiard and bagatelle tables ; this applies to where theyaie in a hoiiso or place ot public entertalniiioni or resort, and whether the tables are used or not. A license fee may be imposed, and the legislatur* has made no limit as to what foe a corporation may lix u[)on. I'lctuulliii'i Itousrs. — The number ol victuailing houses (i. e. houses where refreshments, iruit, oys- ters, etc., are sold, to i)e oaten in the house) may be limited; also other places for reception, refreshment or entertainment of the public. A license fee of uo moro than S20 maybe imposed. Transient Traders. — A by-law may be passed by a Council tj license, re^'uLite an^l govern trausient traders and other persons who occupy premises lor a temporary period — whose names have njt been entered on the Assessment PioU [or iiiuome or per- Konal property. It matters not whether the tran- sient trader sells the goods lumself or employs a license 1 auctioneer, he is subject to being licensed. Schools. — These Tnumcipalities may obtain real jiroperty for thu erection of Pablie Schools. C^'iu'leri -s. — Those maybe established either with- in or withtufc tlie municipality, but no cemetery should be within acity, town or incorporated village. Ths bvdaw acquiring bind f )r a cemetery should state that it is ap;imri'^/ed for a public cemoterr ?nd '*.M' no other purpose. T!ie land ac(pnrod for a c.^mr'tory })y a municipal- ity bocomos 'part ^''f the municipality which acquires it. tlinugli it is witlumt the nauni'.'ipality. A by- law for this [inrMQse cannot be repealed, but in casei HAND-BOOK. 127 whore tlio gmuivl has not boon used for burials tlie inunieipality may disoyso of it and acquiro other ,-ith- [ory "G. [ubi Lrr 1 ^ )al^ lro4 by- Grrouh 1 iiistcju :1. The ti'ustoo.s of any buryini,' ground may transfer or sell the same to a municipality. A l)y law may be passe 1 ioi- preventing the viohi- tion of cemeteries, graves, tombs, tombstones or vaults Criidtij ti> AniHifil.^. —A by-law may bo passed to prevent cruelty to animals and the destruction of birds. Besides this special provision, the general law provides for the protection of animals. Dof/s. — Owing to tlie danger of hydro[)]iobia, the Municipal Act provides for tlie restraining and regu- lating the running at large of dogs, and gives power to pass by-laws for this purpose as well as the power to impose a tax on the owners. The by-law may enact that dogs running at large contrary to the by- law may bo killed. There is a special Act ( Ri;v. Stat. Out. chap. 194) providing that each municipality shall levy an annu- al tax of $1.00 for every dog and 82.00 for every jitch. A County Council may decltiro by by-law uhat such tax shall not bo levied, and upon a copy being transmitted to a clerk of a township such tax shall not bo levied, unless the Township Council in its turn passes a by-law declaring the Act to bo in force. It is the duty of assessors to enter on the roll opposite the name of any person owning a dog, the number owned or ke])t. The fund from these taxes is to be appropriated for tiie protection of gheep. Attention is directed to the statute itself foi more fully understanding its provisions. 128 MUNICIPAL COUNCILLORS Fences. — The height and description ot what may be lawful fences may be settled by tliose municipalities. Compensation may bo awarded by a by-law to those putting up fences on highways for increased expenses in connection therewith. This has been done by some municipal corporations in regard to wire fences. • . ■' The same power extends to division fences. A corporation may determine how the cost of them ii to be apportioned, and direct that amounts so ap- portioned may be recovered in the same way ai penalties. ' ' If there is no by-law as to these division fences, then the Act relating to line fences applies. To treat of this act fully would require a volume of it- self. See Rev. Stat. Ont. chap. 198. It may be enacted that barbed wire fences should be constructed so as to afford protection to persons or animals. Fences may be ordered by by-law to be removed in winter when bordering on the highways, so ai not to impede travel through causing snow drifts. Or a particular kind offence may be prescribed. The owners are entitled to compensation. ' Water courses. — Owners of lands may be compelled to erect and keep up water gates where fences crc as an open drain or water course and persons beprevent- ed from obstructing them. Weeds. — The growth of Canada thistles and other weeds may, as far as a by-law can do it, be pre- vented, and their destruction provided for. An inspector may be appointed for this purpose. Filth. — There may be a by-law to prevent any HAND-BOOK. U9 •dirt, filth, carcases of animals on any street, road, lane or highway. liwniny Stumjis, hrunh, etc. — I5y-hiwa may he passed : 1. For regukting the times during which stumps, v^ods, h)gs, trees, brush, straw, sliavings or rofuae may be set ou fire or burned in tlio open air. 2. For prescribing precautions to be observed during such times. 8. And for pi eventing such fires being kindled at other times. See Statutes of Ontario for 1878, page 264, for a Special Act providing for preser zing the destruction of forests from fire. Exhibitions, shows, etc. — Exhibitions of wax works, menageries, circuses and other such shows may b« regulated ana licenses required, the license fee not to exceed $100. Fines may be provided for in- fringement of by-laws for this purpose. Licenses of this kind are not to be granted on days of the Provincial Exhibition, or of any Elec- toral District Agricultural Society to hold circuses, etc., either on the grounds of the Society or withio 300 yards from the grounds. Injuris* to Property and Notice*. — For the protec- tion of shade trees it is provided that by-lawii may be passed for preventing the injuring or destroying of trees or shrubs planted for shade, or ornamental trees ; also the defacing of private or other property by printed or other notices, as well on the other hand, the pulling down or defacing of sign boards and notices. The general law also provides that parties doing ihis injury may be proceeded against 180 MUNICIPAL C0imCILL»>R8 is VM<.'rniit8. «iii(S n\t\} be imtlii rivffHi hi\ f1« \mi jips, subictt to i^ucb roj,'nlHti('ii8 MS tlic Council ate fit. Stock iiijiv lif t»iK(n iiJ or money lent to tliti^e coiM) niiit » I'V J' uiuiiitij Jility, (-r their loans or de- ^leiitiins pMiinitfcfi. 1 lie ekctiTb' consent nnisk be obtaiued. In sutb ciisctbc; bead af a corporation boldinp 8t(.cl< t(. lb( exttnt «f li;H»,000 tsball be t'df o^do Id Dii« (tor of tbe Conij any. ruhlir Moriil.s. — Ibcse C(>uncils iriny in regard to public morals j'ass by-laws for tbe following pur- poses: — For jirevent ng tbe sale or gift of intoxicating drink to a child, ipinntice or servant without the conf^tnt of P ]Pifnt, n jis-trr orJcgal prottctrr; For prevcniing the ] (isting of indecent ]>lacnii-d8, writinps «r iditur(s, or the writing of indecent words, or the making of mdecent pictures, or draw- ings, { n veJlp ( r knt ts in streets or j ublic places ; For prevcrtiig vice, drunkenness, jirofnne sweai- ing, obfcene. ])las]bemous or grossly int^ulting lan- guage, and otb( r immorality and indecency ; < For supprcf-sing disorderly houses and bouses of ill-fame;* For pi'^venting or regulating and licensing exhi- bitions held or kept tor hire or profit, bowling alleye 'Forbidding landlords to rent houses for these purpose* ile8, and otlier devices lor gambling found therein;! • . ' For preventing horse racing ; F'>r restraining an i panisliing vagi'ants, luciidi- cants and persons f.>nnd drunk or disorderly iu any stroet, highway orpnidie place. For preventing indecent puhlic exposure of the person or oiher indecent exhibitions ; With ngard to these powers conferred on muni- cijtal councils, it may be said that the general law also provides in nearly all of the cases for their pre- vention. Hstablishintj UoumUnies. — A by-law tuay be passed for procuring the necessary estimates and making the pro] er ajiiilication for ascertaining and estab- lishing the boundary lints of a municipality accord- ing to law in case the same has not been done ; and for erecting nnd jnviding lor the preservation of the durable monuments required to be erected for evidencing the same. These C'luiicils may apply to the Government for a survey to be made. 'Ihey may do so by resolu- tion, either ou their own motion, or on application from one half of the resident landholders to b« Affected by land-marks and monuments or marking boundaries of concessions, lots, etc. In carrying out a su rvey of this kind, the directions of the stat- *Note the word " preventing" as well as the words "regu- lating and licensing." tSee previous note as to houses of ill-fame. 182 MUNICIPAL COUNCILLORS ate have to be carelully followed, as otherwise the •urvey will be unauthorized. Thus, where it wa» ihown that the application was made not hy one-^ half of the resident landholders, but by ten freehoid- era, over half of whom had no deeds for their lands, and th«t eleven or twelve freeholder! who would be afiected by the survey were not parties to^ the application the survey was held unauthorized. The expenses of the survey are paid by the Coun- ty Treasurer on the certificite and order of the Com- missioner of Crown Lands. Pounds. — By-Laws may be passed : — (1) For providing sufficient yards and enclosure* for the safe keeping ot such animals as it may be the duty of the pound-keeper to impound. (2) For restraining and regulating the running it large or trespassing of any animals, and providing for impounding them ; and for causing them to be .sold in case they n re not claimed within a reasonable time, or in case the damages, iSnes and expenses are not paid according to law ; (B) For appraising the damages to be paid by the owners of animalu impounded for trespassing con- trary to the laws of Ontario or of the Municipality. (4) For determining the compensation to be allow- ed for services rendered, in carrying out the provis- io •. , of any Act, with respect to animals impounded or distrained and detained in the possession of the distrainer. The pound-keepers must take what animals arr brought to him, but he is not liable if the animals have been taken wrongfully. But he must see that in exercising his duties that the formalities required by the statute and by-law as to notice, etc., are fol- HAND-BOOK. 138 11 ar(' imab thai uired fol- lowed. There ia a ^ipeoial statute relating to pound- keepers, — Bey. Stat. Ont. chap. 195. Public Heal'ck. — Councillors are ex-officio healtli o£Gicers. Is is specially incumbent on the head of the Council to see after this important matter. See page 74. A Health Committee may be appointed, to include, besides members of the Council, others who are not so. The Act respecting the Public Health (Rqx. Stat. Ont. chap. 190) gives large powers to Health officers. They may enter and examine any premises ; may order the cleaning of the same ; may destroy what- ever in their opinion is neceasary to be destroyed for the preservation of the public health ; may, under certain circumstances, remove persons infected with a dangerously infection^ disease. A looal Board of Health may be appointed by a Council, and in default of their appointing it, the Government may do so. Tavern and Shop Liceiises.— The question as to whether the Dominion or provinces respectively have the right of regulating liquor licenses has re- cently been the subject of much public discusvsion. ani has also been before the courts. The provinceb have exercised power in regard to them, although a Dominion License Act was passed in the session of 1888, which was enacted to como into lorce com- mencing with the year 1884, As, owing to the re- cent decision in the well-known case of Reyina v. Jftod^f^, it is likely that the provinces will coutinuf to exercise the jurisdiction in regard to liconses. which it has L«retotore exercised, we will here men- tion the powers conferred on municipalities by the Liquor License Act of Ontario. These powers are 184 MUNICIPAL COUNCILLORS vested in Cities, Towns, Townships and Villap^ts. The Councils of th<>se miinicipnlities amy hy hv- law passed before the 1st March in any year limit the number of tavern licenses to be issued for the then ensuing license year, b'^ginning on the Ist May. The by-law may apply also to future license years, if expressed ao to be. The License Act provides elsewhere (section 15) that licenses are at all events to be limited on the following scale : — In cities, towns and incorporated villages, one for each full 250 of the first 1,000 of the population and one for each full 400 over 1,000 of the population. Thus a town with a population of 5,300 would have 14 liquor licenses, calculated aft follows : — First ] ,000— divided by SloQ 4 Then take 4000 •* ' 400 10 14 A.nd as to the remainder (300) being not equal to a full 40(K there would not be an additional license.* Municipalities can, as above mentioned, lessen- but not increase, this scale. License Commissioa- ers have a somewhat similarpower. When a muni- cipality passes a by-law of this kind, a certified copy of tlio by-law must be sent immediately to the Li- cense Commissioners of the District. There is also power vested in councilt ol citiep and towns to pass by-laws to add to the accommoda- tion required uf taverns or houses of entertaiumeui. *Iu incorporated villages which are coanty towns ths limit may be five in number. There is also a special pro- vision as to the town of Clifton, excluding three hotels near the Falls of Niagara from the usual limit. HAND-BOOK. 136 Li- Slioj) licenses may also be liuiited by citiea, towru, villages or townships by by-law passed before the let March, and by by-law passed before this date, the Councils of these uiunicipalities may restrict persons holding shop liquor licenses to confine the business solely and exclusively to the selling oi liqunr. or may impose any restrictions upon the mod* of carrying ou such traffic as the Council may think fit. The licens-e fees are apportioned one-third to the province, two-thirds to each municipality. Any municipality may by by-laws passed before the 1st March require a larger fee, tlian required by the Act, and the increase goes altogether to the municipality. But they cannot make the fee more than $200 except with the assent of the electors. "^^ A Municipal Council cau not make the sum pay- able f(ir a liceiise vary according to locality. Thus where a township passed a by-law that in certain places the fees should be $100, and elsewhere $75, it was held by the court to be bad. Whenever a by-law relating to licenses in any of the above cases is passed by a Council, a certified copy must be sent immediiitely to the License Com- missioners. Division III. — Powers of Councils of Counties AND Cities. Horse Thieves. — Councils of counties and citie» *The ordinary licenBe fees are as follows : Wholesale liceuaes, _ $ir)0 00 Tavern or shop licenses in cities 100 00 towns, 80 GO " " other muuicipalities. 60 00 Vessel licenso, 100 CO 186 MUNICIPAL councillors' bave not oiily the power, but are required to pass & b>-law to provide that a sum not leas than $20.00 shall be payable as a reward to those who pursue and apprehend any person or persons guilty of steal- ing a horse or mare within the county or city. The reward is payable on the conviction of the thief, on tiie order of the judge befoie whom the con- viction is obtained. Division IV — Powers of Councils of Counties, Cities and Separated Towns. Villages and townships, it will be observed are excluded. Engineers, Inspectors, Gaol Surgeons, etc. — These Councils may appoint Engineers and also one or more Inspectors of the House of Industry, Surgeons of the Gaol, and other institutions under the chargti of the municipality. And they may remove them. Auctioneers. — They may license, regulate and govern auctioneers and other persons selling or put- ting up lor sale good, wares, merchandise or effects by public auction. They may fix the fee for licensei and the time they are to be in force. It would seem that they have the power to prevent ;tuction sales on thei public streeti. Auction sales of land do not require a license. Hawkivs and Peddlars. — People who are not per- manent residents in the county, city or town, may under a by-law for the purpose, be required to take out a license for hawking or peddling goods carried about with them for sale. This does not apply to persons not having the goods with them, who are merely soliciting: orders. ' ri^ HAND-Boi-R, 137 Ferries. — Ferries between tw) places n one imuii- ci|mlity may h'-. licensed aiiyla\v. As to ferries not betweeji two places in the same muni- cipality, they are within the exclusive jurisdiction of the Government. Lands fur livjh Schi)ols. — They may obtain landi (or High School pur[Kises, ami erect, preserve im- prove anil repair the schools. The jiroperty may be disposed of when no longer required. High S';hools may l>e aided from the funds of the inunici]mlity. Svpjtortijuj Pupils weks of Councils of Citiks, Towns AND XsCi . >.TED VILLAGES. It will be i>^..<;; . vcd that counties and townships are excluded. The Councils o." JVfc;.j oity town and incorporated villasre may pass by-laws as tbllows : — • Water and Water Works. — For establishing, pro- tecting and regulating public wells, reservoirs and other conveniences for the supply of water, and for making reasonable chaises for the use thereof, and for preventing the wasting and fouling of public water; . . For constructing, building, purchasing, improving, extending, liolding, maintaining, managing and con- ducting water works and all buildings, materials, machinery and appurtenances thereto belonging in the municipality and neighborhood thereof, subject to the provisions contained in '■'The Municipal Water works Act, 1882. They may prevent or regulate the erection or con- tinuance ol slaughter houses, gas works, tanneries, distilleries or other manufactories or trades which may prove nuisances ; including the keeping of cat- i'l HAND-BOOK. 189 |)ject ^ater tie and pigs, or swine, and cattle or cow-byres and piggeries. A by-law declaring that "no person shall keep a slaughter house within the city without tht special retoluiton of the council," was held in the Court of Queen's Bench to be a void by-law as it permitted favoritism, and might be used in restraint of trade, or to grant a monopoly. The ringing of bells, blowing, shouting and other unusual noises in streets and public places may be prevented. Likewise the firing of guns, etc., as well as fire-balls, squibs, crackers or fire-works. Charivaris and other like distmrbances of the peace may also be prevented. Vacant lots may be caused to be enclosed. Driving upon sidewalks may be prevented. Importuning travellers by hotel, vessel runners or cabmen may be prevented. Public health. — By-laws may be passed to provide for the health of the municipality and against the spreading of contagious or infectious diseases. Interments. — The interment of the dead may be regulated, and its taking place within ihe municipal* ity prevented. The keeping and returning of bills of mortality may be enforced. Gunpowder. — The keeping and transporting of gunpowder, etc., may be regulated, magazines for storing it provided, and people compelled to store therein. Preventing fires. — These Councils may act as fol- lows : — Appoint fire wardens, engineers and firemen, and promote, establish and regulate fire companies, uo MUNICIPAL CotTNCTLLORS hoolc nnd la.'iiler C"iui uuii's, and ]»roperty-HrtVjng C(iMpjmiis; Provido inedala "r i'y acei(U;ut at 8Ueli fires ; ♦ Pr. vi'iit or regnlaie the nso offite or lights in Btald^H, f!ihiii('t runkers' Hlu)pa, curnentera' »liop8, aii'i I'oinlidHtihle places ; Prt'vciit ( r re;.'Mlate the canning on of mannfac- tu;t» "r trudi'3 (langerons in causing or j)romi)tiiig fire ; Pi I vf lit imri remove < r nj^ulate the constniction of any thiuiney, liwe, fire-place, wtove, ovei>. boiler or other ap) anitus or thing which may be danger- ous m tansing or prouioting fire ; lu gnhite the conbtrnctiou of chimneys as to ui- mensionH nmi otherwise, and enforce the ])roper olea?)ing of the same, and comj)el manufacturers anJ otijcrsi to have such chimneys or other apparatus as shall consume the smoxe (>r prevent the same fmm fouling the atmosphere or being carried by the wind or otherwise io other shops, houses or premises, to the incoiivenicLce or injuiy of the neighboring pre- mises or residents therein ; Begulate the mode ol removal and safe keeping •f ashes ; Kegulate and enforce the erection of party walls ; Compel the owners and occupants of houses to have scuttles in the roof thereof, with approaches ; or stairs or ladders leading to the roof; Cause buildings and yards to be put in other re- i^ects into a safe condition to guard against fire or HI n-r,o K. HI i>tVifiM"la»\fT(,.vons risk or accidt'iit ; Ilcquiiv t,lj;' iiilialntanta t<> proviiio so many fivt Imcli*' 8, iu siuli manner and time as may be pre- ficibed ; and for ro«,ailatinsj[ the examinntioa cf them, aiiffi,;ei\s to enter at all reas- dial le tinicf? u\ on jiny [(roperty subject to the regu- lati(jn« (»tthe Ct-uncU, in order to ascertain whether bucli rt^ruhitions ai-e obeyed, or to enforce or carry into etiect the same ; Make regulations for siipj'ressing fires, and for pulling down an.d demolishing adjacent buildings and other erect. ons, when neceasary to prevent the si'iead of fire ; liegulate the conduct and eniorce the assistance of the inhabitants present at fires, and for the pres- ervation of property at fires. I eiitoval of annw, ice and dirt. — Snow and ice may bu required to be removed from the roots of premise:: ; «uow, ice and dirt from the sidewalks, etc. Incase of neglect of a person to remove after 24 hours' notice it may be provided that the removal be eifjcted by the corporation at the expense of sudi peison, and the expense charged as a special assessment against him. And persons neglecting to obey a by-law of this kind may be fined. A recent decision has de- clared this to be the law. Obstruction of roads and streets by animals, vehicles, door-steps, porches, railings, etc., may be prevent- ed or regulated by by-law. Numbering Houses and Lots. — This may bo done and the owner or occupant charged with the expense. The Council must keep a record of the streets and these numbers for public inspection. 142 MUNICIPAL COUNCILLORS Naming streets. — The boundary lines of streets, roads and other public communications may be sur. veyed, settled and marked by these municipalities and names given to them. The names maybe afl&x- ed to the corners of streets on either public or priv- ate property. No by-law for altering the name of any street, road, square, etc., is to have any force or effect until the by-law is registered in the Kegistry office. Levels of cellars — Plans. — They may ascertain the levels of cellars already dug or to be dag, and com- pel them to be with reference to a line fixed by the by-laws. Block plans of buildings with the levels of the cellars and basements thereot may be required under a by-law before the erection of such buildings. Sewerage and Drainage. — The construction of cel- lars, sinks, water closets, privies and privy vaults and the manner of draining the same may be regu- lated. The Cjuucils may compel or regulate the filling up, draining, cleaning, altering, relaying or repair- ing of any grounds, yards, vacant lots, cellars, priv- ate drains, sinks, cess-pools and privies ; and assess the owners or occupiers of such grounds or yards, etc., with the cost thereof if done by the Council, on the default of the owners. This power applies to sewers already constructed as well as those to be constructed. Such other regulations as may be necessary for sanitary purposes may be made. Rent may be charged for common sewers to peo- pie using them. By a recent provision power is given to cities, towns or villages to acquire lands outside its own HIND-BOOK. 148 ted [or limits for drainage purposes, the consent of the out- side municipality to be obtained, however, before the powers are exercised. Ustr of strseti. — The conveyance of traffic in the pubhc streets may be regulated and the width o f the tires and the wheels of all vehicles. It has been leeently decided in the High Court that where by-laws were passed prescribing tires to be of a certain width, but the by-law was not to ap- ply to any waggons conveying lumber or goods from a mill or manufactory distant more than two miles from the town limits, the by-law was illegal, as it discriminated against residents of the town in favor of others. Cal stands. — Stands may be assigned for cabs and vehicles kept for hire ; covered stands or booths may be erected on the streets, etc., but not on a sidewalk unless with the consent ol the owner or lessee of the property fronting, abutting or adjoining the stand or booth. Ttlegraphpoles, etc. — The erection and maintenance of telegraph and telephone poles and wires may be regulated. Children riding behind vehicles. — Children may be prevented from riding on the plattorm or behind waggons, etc., and provision made for preventing accidents arising irom such causes. Inspection of Milk, Meat, etc. — The inspection of milk, meat, poultry, fish and other natural products offered for sale for human food or drink may be pro- vided for and inspectors appointed. Free Libraries. — In 1882 a *'Free Libraries Act" was passed authorizing cities, towns and villages to establish free libraries. See page 58 of statutes of • ■ 144 irUNlCfPAL COUNCILLORS 1882. MurkeU, etc. — There lias been rctent Ic^'isliifcin/ii in re^'iird to markets eiuhoditd in Hection 497 of tli€ Miiuiciiial Act 1883 as follows: "Nj inuuicipility !*l»ill iin;jo.4B, levy or oollaot a rn>irket ft) J iipou any wheat, biirley, ryt», coti). oits, or upon nny gro'n, or upon any huy or other net^d, or W(m)I, h)iiil)ur, hith, Bhiiit;It'«, or conlv/noa or other firowooil, or iii)iin difsMeJ ho;^s, or cheese, or upon hav, straw, or other fo hler, that may be hronyht to market or to the mnrket place for Rule or other diBposal, or upon the jjerson b»-inKin),{, or the vein olo in which tlie Hame in orhhull be bron^Mit. No market fee «hal] be chart!'', levied or imposed npori or in respect of bntter, ft,'R8 or poultry brcnjjht to market, or upon the market place, for Hale, niilebfi a convenient and fit place in which to t»tTer or expose the name for sale nhall be provided by the Municipality, wliich shall afford sheltei in summer, and shelter and reasonable protection from th« cold in winter. When the vendor of any article brou^jht within the Muni aipality in pursuance of a prior contract for tlie sale there ofproc»edH direct to the place of delivery thereot. niider iUf'h contract, witliout hawkin;* the sumo upon the street:-* or tlsewlierc within tlie Municipslity, it shall not be law - fill to impose, levy or collect a market fee thereon, or iu respect thereof or on the vehicle iu which the same is so' broujjht. ' Wiiere there is no prior contract as mentioned in th» previous sub-section, no market fee shall be imposed, levied or collected upon or in respect of any article brought intti- any Municipality after the hour of ten o'clock iu the fore Qoon, nor OQ or in respect of any veliicle in which such ar tide is BO brou;,'ht, unless such article is offered or exposeiil forsalc upon the market place of such Mucicipality. No by-law shall require hay, straw or other fodder to b<' vveijjhed, or wood to be measured, whore neither the ven- tame is containf^'d. No market fees shall bo imposed by any Municipality higher than those contained in the following scale: — Upon nrticles Vn'ou^ht to the market place in a vehicle drawn by two horses, npon which fee« may bo impised, not more than ten cents. Upon arti( IcH brou^lit to the market place in a vehicle drawn by one horae, not more than five cent*. Upon articles broncht to the market place by hand or in any basket or vessel, not more than . .two cents. Upon or in respect of live sfock driven to or npon the market ])lace for sale, as follows : — Every horse, mare, or tjeldiuj^, not more than ton centn. Every head of horned cattle, not more thou five cents. Every feheep, calf, or swine, not more than two cents. No fee shnll be imposed or levied by any mnnicipality UtT weiKhin« or measnrin uiembeirs of the Board of Audit. Not more tlmu Oil' t)f tliem can belong to tlie Council. Their sal- ary is not to he more than $i per day and 5c mile- age-each way. InipronvKfitii ly (ith(r covrity (if a Vnion. — The following provisions are an exception to the general nii' that during the union of counties all laws ap- flittihleto connties shall apply to the union as if the saUTi' foimed one county. A- Council of united counties may make appi-opii- at: Tlio County Council muvst eanso to bo built ftnd ninintnined in liko mimiior nil bridj^'os on any river or streiim over 100 feet in wiiUh within the limits of any ineor])()rato(l villa.i^o in tlio county '• necessary to connect any public highway leatlin,!^ through the county." It is the duty of County Councils to erect and maintain bridges ovor ri/ors forming or crossing boundary linos between two uxnnicipalities within , the county. This does not apply to the case of a city or separated town. What is meant by a '* river" has sometimes occa- sioned disputes. It has been decided in the (Jourt of Appeal that a stream called the Black Creek iu the County of Perth, which is from thirty to forty feet wide with well defined banks, is a rivur. Even where there- is what is indisputably a river, the County Council has some discretion as to the pla'je where the bridge should bo erected, and must be allowed to some extent to judge of the uecossity of the erection. Where a County had maintained a l)ridge but hail not by by-law assumed it, it was helJ that it was not comi)elled to maintain the bridge. A bridge should be constructed in such a way as not to be a public nuisance. In the case of a bridge over a river forming or rossing a boundary line between tvK) counties or a county and city, such bridge must bo erected and ' aintained by the councils of the counties or county and city respectively. In case they do not agree :s to the proportion of expense the matter is to be settled by -rbitration. See Chapter Vf\ " Arbi- MUNICIPAL COUNCILLORS 160 trations" page 106. All township boundary lines not assumed by the County Council must be opened, maintained and improved by the township councils, except where it is necessary to erect or maintain bridges over riv- ers forming or crossing boundary lines between two municipalities. The same law applies where township boundaries happen to be also county boundaries. "Where roads are between two munisipalities, they have joint jurisdiction, except as in the case of bridges as has been mentioned before in this chap- ter, where they are under county jurisdiction, or the jurisdiction of two counties in the case of boundary ^nes between counties. Both Councils must concur in by-laws respecting these roads. If they do not concur, there must be arbitration. This arbitration is to take place when one Council &ils to pass a by-luw within six months of the other, and receives notice from the first Council of the by- law having been passed. The best way of giving notice is to attach a copy of the by-law to the notice. Although no Provincial, Ordnance or Dominion road or bridge can be interfered ^ith by a munici- pality, still a Provincial proclamaiion may pass a road or bridge of the province under the control ol the municipality. The consent of the Dominion may be obtained to a municipality passing a by law in relation to Ordnance or Dominion roads ; the by- law must recite such consent, otherwise it will not be valid. When a Council closes a road, any person who will be excluded from ingress and egress to his land 160 HAND- BOOK. ICl who land or residence is entitled, besides compensation, to compel tlie Council to provide some other convenient road or way of access tohisland or residence. With- out this, the road cannot be stopped,, A road or street must not be laid out more than 100 feet nor less than 6G feet wide, except where an existing road or street is widened. A local munici- pality may lay out roads or streets differently with the consent ot the County Courcii. A by-law opening up a road should "recite the width of it, and should show its particular course. Any road, whenaltered, may be of the same width as formerly. An owner of land may with the consent of the Municipal Council lay out a highway or street less than dixty-six feet. In th3 case of ■ , (fl) stopping up ; (b) altering ; ; (c) widening; • (d) diverting (c) or selling any original allowance for road, or (a) establishing ; (6) opening; (c) stopping up ; {(i) altering ; . {e) widening ; (/) diverting ; [g] or selHng any other pubhc highway, road, street or lane, writ- ten or printed notices of the intended by-law muit be posted up one month previously in six ot the most ' public places in the immediate neighborhood of such 11 ■j0'i 162 IIUNIOIPAL C0UN0ILL0R8 orisrinal allowance for road, street or other highway, ToacI, street or lane. This n^'tine must also be published weekly for at least four successive weeks in some newspaper (if there be any) in the municipality; and in either case in the county town, if any snch newspaper there be. The Council must also previously hear in person or by counsel or attorney any one whose land might be prejudicially affected thereby, and who petitions, to be heard. The petitioners for the by-law are to pay the ex- penses attt?ndant on such notices being given ; upon payment of these expenses, the clerk is t.) give the notices. ' ; By-laws under which roads are opened on private property must be registered to give them effect. In the case of disputes concerning roads, etc., the head of the Council has power in an investigation to administer an oath or affirmation. Division II. — Powers of Counties, Townships, Cities, Towns and Incorpobateo Villages in Relation to Roads and Bridges. Under this lieading, it willbe noticed, all munici- palities are included. These municipalities may pass by-laws for 1. Opening ; 2. Making ; 3. Preserving ; 4. Improving ; 6. Repairing ; * 6. ^V idening ; ' 7. Altering ; " ' • ■ "" 8. Diverting; 9. Stopping, — UAWD-BOOK. 163 fi\- voads, streets, squares, alleys, lanes, bridges or other j[)ublic comruuuications. It will be observed that levelliwjy ram)Vf or kiivcring streets are uot meiitioued here. When a munici- })ality either levels, raises or lowers a street, then comes the question whether it should compensate the owner of laud whose property would be injured thereby. It has been decided that they must do so. Municipalities have also power to remove any ob- structions upon roads and bridges, and can permit sub-ways for cattle under a highways. Roads can be made across railway lands, buL sub- ject to certain restrictions. The collection of tolls is restricted to what may be necessary "to defray the expense of making or repairing." See page 156 as tc tolls on county bridges assumed by villages. Regulations may be made as to pits, precipices and deep waters, and other places dangerous to trav- ellors. ,It may be said that protection must be made to save corporations from actions for damages. In regard to road allowances, timber, trees, stone, sand or gravel may be preserved or sold by munici- palities. Tne Crown may now also grant timber licenses on road allowances, but in the t vent of their doing so, the municipality is entitled to a portion of the timber dues. See Rev. Stat. Ont. Cap. 26. In selling a road allowance (whether an unused road or one that has been stopped up) the parties next adjoining whose lands the same is situated have the right of pre-emption. It must first be offered to them, and in case they refuse to purchase for such price as the Council thinkij reasonable then the sale 164 MUNICIPAL COaNCILLORS luay be male to any other person at a greater price. The closing up of a road allowance is one thing, the selling and conveying it, another. The former must be done before the latter takes place, nor ia there any compulsion to sell, but when the sale does take place, the requisites in the preceding para- graph mentioned, are necessary. When a road is aubstitutud for an original allow- ance without compensation to a person whose land is taken, such person, if he owns laud adjoining, is entitled to the original road. A conveyance may be made by the corporation on a report m writing of its Surveyor or of a Deputy- Provincial Land Sur- veyor that the nev/ or travelled road is sufficient for a public highway. The survey or should state in his report the width of the new road and the line to be run. When an original road allowance is useless to the public and lies between lands owned by different parties, the Council may sell a part to such parties. In case compensation was not paid for the new road, and the person through whose land it runs does not own the land adjoining the original road allow- ance, the amount received from the purchaser of the old road allowance is to bo paid to the person who owned the new road. When a l>y-law is to be passed for opening up an original road allowance, notice in writing must be given to the person in possession at least eight day* before the meeting of the Council. A municipality can grant aid to an adjoining municipality for making, opening, etc., any highway, road, street, bridge or communication passing from or through an adjoining municipality. HAND-BOOK. 165 A municipality may search for and take timber, gravel, itone or other material necessary for road- work. In the event of dispute, the right of entry ^nd the price or damage is to be settled by arbitra- tion. Division III. — Powers of Townships, Cities, Towns AND Villages in Relation to Roads and Bridges. Counties, it will be noticed, are i.ot included in this division. Those municipalities may grant aid to counties either by loan or otherwise, in making new roads and bridges. They may also enter into a joint arrangement with one another (if in the same county or united counties) tor executing any work in their jurisdiction at their joint expense and for their joint benefit. Before a by-law for this purpose is passed the ar- rangement should be completed. If any Township Council fails to perform its duty in maintaining township boundary lines in the same way as other township roads, the County Council may, on petition from the interested townships on- torce joint action on the Township Councils. Or the itsidout ratepayers l)ordering on such lines may make the petition. To act on either kind of petition the County Council may* : — 1. Determine the amount which each Township Council interested shall be required to apply for the opening or repairing of such lines of road. *The action is not compulsory ; it is permiRsive as far as tho County Council is coucerned. t Niiiif ' 1C6 MUNICIPAL COUNCILLORS 2. Direct the expenditure of a certain portion of statute labor. 8. Or both, as may seem necessary. The County Council appoint a Commissioner or Commissioners to enforce their orders. If the rep- resentatives of any of the townships intimate their intention to execute the work, the Commissioner or Commissioners must delay proceedings for a reas- onnble time. If the work is not then proceeded with during the favorable season, then the commis- sioners are to undertake and finish it themselves. The sums to be paid by townships, which are determined by the County treasurer on the order of commissioners, andtheamountretained out oftown- rfhip moneys in his hands. If there are not any such moneys before the striking of a county rate, an ad- ditional rate must be levied by the County Council against such township. "When the townships are in different counties, the respective wardens are made the arbitrators, the county judge of the county in which lies the town- ship first making the application being the third arbitrator. , Th« warden of the county in which the township lies is the convener of the meeting. He must notify the other two within eight days of receiving the ap- plication, the meeting to take place within twenty- one days from the application. The arbitrators or any two of them determine the share of work to be borne by the respective town- ships, and also appoint a commissioner or commis- sioners to superintend such work. of HAND-BOOK. 167 |p- ly- Roads, streets, squares, al- Ueys, laues, bridfi[es or other pub- lic communications. Path-masters must obey the commissioners. Division TV. — Powers of County Councils in Rela- tion TO Roads and Bridges. Any county original I'oad allowance, not within a eity, town or village, may be stopi^ed up or stopped up and sold. See page 161 as to notfce requirecl to be given. County Councils may pass by-laws for : — 1. Opening; ^ 2. Making ; 8. Preserving ; 4. Improving ; 5. Repairing ; 6. Widening ; 7. Altering ; 8. Diverting ; 9. Sto})ping up ; / 1. Within one or more Townships. 2. Between two or more Townships. 8. Any bridge across rivers over 100 feet in width within any Incorporated Village in the • County, connecting any public highway lead- ing through the County, and which is a con- tinuation of a Countv road or between the 4/ . .County and any adjoining County or City, separated Town or Incorporated Village within the boundaries of the County, as the interests of the inhabitants ot County in the opinion of Council, require to be opened, made, preserved and improved. 4. For entering upon, breaking up, taking orusing anj' land in any way necessary or convenient for the said purposes, subject to the restric- tions in the Act contained. With regard, to trees obstructing highways, tht 168 MUNICIPAL C0UNCILL0K8 Council may direct trees to be cleared on each side of the highways Tor a space not exceeding 25 teet by the proprietor. A time is to be appointed in the by-law for the purpose, tiio county Surveyor to do it, in ease of default. Authority may be given to the oYerseer qr other officer to use the trees for the improvement of roads and bridges, or that he may sell them to defray the expenses of the work ; the Council may further pay such expenses out of the county funds. Double tracks, in snow roads, may be provided for. Town, township or village may be aided (where the Council deem the county at large sufficiently interested in the work) in ihe making of roads and bridges. The debentures of the local municipalities may be guaranteed. The County Council may require the whole or any part of a county road within any local munici- pality shall be opened, improved and maintained by such local municipality. As to sale or lease of mineral rights on or under roads see page 169. Division V. — Powers of Township Councils in Re- lation TO Roads and Bridges. A Township Council may aidan adjoining county m 1 . Making ; 2. Opening ; 3. Maintaining ; 4. Widening ; 5. Raising; 6. Lowering; 7. Or otherwise improving; Any highway, road, street, bridge or communication lying [between the Township and any other Municipality. HAND-BOOK. 101) Aid may aln be ;,n-autoc1 to tlio comity in \vlii<^]i the township lies for the Game i)iir[)ose wheii the road, etc., is "ussuraod by the county as a county work or agreed to be assumed on condition of mrh Ifranty A township may stop up, lease or sell an original road allowance. Sec page IGl as to notice required to be given. Besides the notice the by-law of the township must be confirmed by a by-law of the County Council at the ordinary session of the County Council, held not sooner than three months, nor later than one year next after the pjissiug thereof." With regard to trees obstructing highways,Town- ship Councils have the same power as to their high ■ ways, as is pos.'.cssed by the County Council. Sec page 1G7. They may sot apart as much of anij highway as they may deem necessary for the purposes of a foot- path ; they may provide for the imposition of penal- ties on persons travelling thereon on horseback or in vehicles. Any township or county may sell cr least by pub- lic auction or otherwise, the right to takr minerals on or under their roads. Notice of the by-law au- thorizing such lease or sale must be posted up in six of the most public places in the immediate ncigh- borliood at least one month previous to the time fix- ed for considering such by-law. In the sale or lease, the purchaser or lessee must be rcBtrained frjm interfering with the public travel. In case the Trustees of any rulicc Village, or ].j of the inhabitant housfalioldcrs of any other unin- corporated village or hamlet consisting of not less %% 170 MUNICIPAL COUNCIIiLoKS tliHii 20 dwelling.,' liouses standing Mitliin an area.of 200 acres, potitinn tlie Council of the township in which the village or hamlet is situate, and in cusf tlie petition of such unincorporated village or ham- let, not being a police village, is accompanied by » certificate from tlie registrar of the county withiD Tvhich it lies, that a plan of the village or hamlet has been duly deposited in his office according to the registry laws, the Council may pass a by-law to •top up, sell and convey, or otherwise deal with any original allowance for road lying within the iiu'its of the villtigc or hamlet, as the same shall b« laid down on the plan, but subject to all the restric- tions with reference to the sale ot original road al- lowances. When a village is partly in each of two townships, whether in the same county or not, each town- ship has the power (as to the subject just mention- ed) to deal with such pnrts as is situate within its limits. A Township Council can provide for the perform- ance of statute labor upon the roads of their t<'v. n- ship to the extent of the commutation tax cliPigtd in respect of non-resident lands and for the payment thereof out of the general funds of the munieirnlity before such tax has been received from the county treasurer ; the performance of such work is not nec- essarily restricted to any particular statute labor div- ision. «AND-1U)0K. 17T CHAPTEK XII. DRAINAGE AND OTllKll LOCAL IMPROVE^ ME NTS. TI>e municiiml law relatlug to drainage and otlitr local improvements lias received much developmeni of late years. There has been a great deal of legis- lation in regard to it, and it has frequently come betore the courts. Under this head the powers and duties conferred and imposed on municipalities are comprised in four divisions. Division I. — Townships, Cities and Villvoes. Municipal Councils may pass by-laws for deepen- ing and straightening streams, etc., or draining or removing obstructions preventing the free flow ol water, or lowering the waters of any lake or pord for the purpose of reclaiming flooded land or mor« easily draining any lands. The following requisites for the padsing of a by- law for any of these purposes are necessary. 1. The majoiiLy'^ iu iiitmbti of the persons ai shewn by the last revised assessment roll to be tht owners (resident or non-resident) of the property t* be benefited must make a petition tor the purpose. •The work of embanking, pumping or other mechanical •uperations requires more thau a majority; it is specially provided that two thirds of the owntrHniuBt petition. Thi» ^ind of work may be maintained contioually, and fuJl power ia given to defray the HBuaai cost H 172 MUNICIPAL COUNCILLORH 2. An exaniiufttioii of the work murtt be made l)v an engineer or surveyor. 3. He muBtnialve j^luusftntl fistimatos oftlio work, and assess the real property to be benefited, stating, ns nearly ai may be, in hia opinion, the proportion of benefit to bo derived by every road and lot or portion of lot. Although land benefited iS not mentioned in a petition, it has been decided that if the surveyor re- ports that such land would be benefited and the owner is accordingly assessed, the by-law is good. But a Council has no power to authorize the un- dertaking of any work than the particular kind of work bargained for, and if that is impracticable or too costly they must refuse the petition. Petitioners have a right to withdraw after sign- ing, if they do so before the contract is let or the debentures arc negotiated. So, if there does not re- main a majority, the by-law is bad. What constitutes a majority in a part of a town- ship often forms a question of difficulty. No safe rule can be laid down except to secure a majority of those benefited or burthened. Funds may be borrowed, or debentures issued for the cost of work and ol arbitration. The debentures must not be less than $100 each, bearing interest not less than five per cent, and be payable within 15 years from date. The Council, by a resolution subsequent to the by-law, may authorize the interest being included in the debentures instead of the interest being pay- able annually. The cost of the works and the expenses of arbi- niND-BOOK. 17H tration, publiihiug by-lawH, etc., are to bo included iu the amount to be raised by tbo local rate. Before the debentures are issued, any person may pay tbe amount of bis assessment, less the interest. The debentures are tlien to be reduced proportion- ately. Cases of complaint come before the Court of Re- vision, with right of appeal to the County Judge. The Court of Revision must sit not earlier than 20, nor later than 30 days from the day on which tlie by-law "was first published, notice of which must be published with the by-law during the first three weeks of its publication. The engineer' or surveyor, in his assessment, need not confine it to the part of a lot actually drained, but may make it on the whole lot, on the half, or quarter, or other part owned by the one owner. The proportion of benefit to be derived from any works by any parcels of land or roads may be shoAvn by the engineer or surveyor by i)lacing sums of money opposite such parcels and roads ; it is not necessary to state the fraction of the cost to be borne by each parcel or road. There is a form of by-law given in the statute which must be followed. It is too long to be given here. See Statutes of 188B chap. 18 sec. 571. In the event of the assessment being altered by the Court of Revision or Judge, the by-law shall, before being finally passed, bo amended so as to correspond with such alteration by tlie Court of Revision or Judge. Before the final passing of the by-law it must be published once or oftener in every week for fonr 4i I7i MUNICIPAL COITNCILLORS •weelis in such newsimper ])u])lishecl either within the municipality or in the County Town or in a pubhc newspaper publi.shed in an adjoining local municipality, as the Council may designate by reso- lution. There must also bo published with it a no- tice of which the following may be taken as a form ; "Take notice that the followiuf^ is a true cop}' of a bylaw ■which will be takeu into coiisideratioD by tiie Municipal Council of the townsliip of after four week* froir« the first publication thereof in ti:e being the newspaper fixed upon by rcBolution of the said Council fur the publication of tins by-law and notice, the date of which first publication is day, the day of A. D. 188 (if votes of eleetors required,, as to which, see latter part of this chapter add, — and that the votes of the duly quali- fied electors in that behalf will be taken on day, the day of A. D. 188 , between the hours of uiue o'clock in forenoon and five o'clock in the afternoon at the place* meutioned in and fixed by the paragraph of the said abovr copy of the fiaid proposed by-law) ar.d any one intending to have such by-law or any part thereof quashed, musk within ten days after the final passing thereof, serve a notice in writing upon the Reeve and the Clerk of the said Town ahip of his intention to make application for that purpos* to the High Court of Justice at Toronto during the sittingi next ensuing the final passing of the by-law. Dated the day of A. D. 188 A. B. Township Clerk." Instead of being published in a newspaper th« (!^ouncil may direct by resolution that a copy of th« by-law and notice be served on each of several owners, tlieir lessees or occupants, or upon the agent or agents of such owners or be left at their places of residence with some grown-up member of Ihe family, or when the land is unoccupied and th» owner and his agent is not a resident may send th«f HAND-IiOOK. 17ft «opy by registeied letter to the last known addre-^a. The by-law is not to be finally iiassod until after tlie txpiration ot three weeks from the last of sucb lervices. The clerk must keep on file in his office a statu- tory declaration proving the service. The form of declaration may be as follows : — I, A.B,, of the of ia the County «f [occvpation) do «oliniuIy declare. Tiiat I did on duy the day of A.D. 188 , serve CD., the owner {or as the rase may be) of lot in the concession of the Township of with a true copy of the annexed hylaw and noUce by de Uvering the same to and leaviu^ the same with the said CD. at [or by mailing the same in a rej^iBtored letter addressed as follows:—" " the registration certificate of which is hereto annexed ) Aiid I make this solemn declaration conscientiously be- lieving the same to be true and by virtue of the Act passed ui the thirty-heveuth year of Her Majesty's reiga, intituled '* An Act for the suppression of voluntary and extra Judi oial oaths." Declared before me at \ in the County of this I A.B. day of A.D. 188 ] A Commissioner, &c. The Council has power to auiond the by-law wjien no sufficient means is provided for th« completion ot the work. The work may be exteudcd beyond the liiuitg ef the municipality in which the work was commouced. Lands in an adjoining municipality or the road of a road company may be charged though the works are not carried into such adjoining munici- pality. The engineer or surveyor may asBess uucJi lands or roads it he thinks that thcv are boncfited. 176 MUNICIPAL COUXCILLORS The engineer or surveyor determines and re])orts to the Council by which he was employed, whether the works shall be constructed a? al maintained solely at the expense of such municipality, or at the expense of both municipalities, and he also deter- mines the proj)ortion. The Council of the municipality wherein the work is to be begun must notify the municipality to be benefited, and the mmicipality so notified is required to raise the necessary amounts. There is j)rovision for an appeal from the sur- veyor's report. This appeal is in the nature of an arbitration. It must be made within 20 days from the time the report is served. This time may be extended, under certain circum- stancep on application to the County Judge. Neither an engineer or surveyor who has been employed to make the survey, plans, etc., nor any interested ratepayer can be an arbitrator. As to the arbitration generally see chapter on '• Arbitrations.'" When work has been constnwted out of the general funds of the municipality prior to 10th February, 1876, the Council may, (without petition) on the report of an engineer or purvej'or pass a by-law to charge the mainUmmce and keeping in repair, on the property benefited. This assessment may from time to time be changed on the report of the engi- neer or surveyor. Any party wilfully placing obstructions in drains may be charged with the cost of removal of same; and with 10 per cent addition. This may be assess- ed against his property. If any dispute arises HAND-BOOK. 177 (a) betwoon individuals. [b) befewcen individuals and a municipality or comi^any, ic) between a company and municipality. {(I) or between municipalities there is provision made for arbitration. Damat^os recovered against a corporation for dam- age caused by drainage are to be charged on lands liable for cost of drainage. Where a ditch is behig constructed for drainage purposes along a road allowance, the earth taken from the ditch may be spread on the road. If the rcii*'' are timbered or stumps are in the way, tliey may be removed ; not less than twelve feet of the centre of the road must be grubbed before the earth :.; ■ nread upon it. Provision is made for the construction of ditches on town lines between municipalities. In case of a petition being presented to any municipality for the making of a ditch, it may construct the ditch on either side of the road, and charge the adjoining municipality with the cost. Disputes are to be set- tled by arbitration. With reference to such ditch the other rules referred to throughout tliis chapter also apply. The County Council may pass i by-law to deal with drainage where more than one municipality is affected. The countyis to raise the necessary funds, but the townships are to be liable to the county for the same. There is also provision for tlic construction of works in several counties. In case ten property owners within ten days of the necessary publication of a report of Council, pe- 18 178 MUNICIPAL COUNCILLOES .^^ m tition the Council not to proceed with tlie work, then a vote of the electors must be taken on the by- law. I The form of oatli that may be required from a voter in such an election is as follows : — You swear that you are of the full age of 21 years, and a natural born {or naturalized) subject of Her Majesty. That you have not voted before in the township on tho question now being voted upon. That you are the owner (or as the case may be) of the land in respect of which you claim to vote, nawely {here mention the lands). Tliat you are, according to law, entitled to vote on the Baid question. That you have not, directly i r indirectly, received any reward or gift, nor do you expect to receive any, for the vote which you tender. That you have not received anything, nor has anything been promised to you, directly or indirectly, either to in- duce you to vote on the said question, or for loss of time, traveling expenses, hire of team, or any other service con- nected therewith. That you have not directlv or indirectly, paid or p'"orais- ed anything to any person, either to induce him to "\ote or refrain from voting. So help you God. The provisions just mentioned are recently enact- ed and are contained in the Municipal Act of 1883, sections GOO to 611. Among these, it is provided that minor municipalities may appear on the arbi- tration. Division II.-^Local Improvements in Cities, Towns AND Villages. A city, town or incorporated village may pass by- laws for ascertaming the real property to be bene- fited hy a local improvement, and determining the HAKD-1500K. 170 IIB- or cd pi- le- proportions of assessment. An appeal may be made to the Judge of the county court. Special rates for local improvements apply totlio followinrr cases : 1. Makin 2. Enlarging, 3. Prolonging, 1. Opening, 2. Widening, 3. Prolonging, 4. Altering, 5. Macadamizing, 6. Grading, 7. Levelling, 8. Paving, 9. Plankaig. 1. Curbing, 2. Stdding, 3. Planting, any common sewer. \ any street, lane, alley, public ^ way, place, sidewalk, or any l)ridgG forming part of a highway therein. any street, lane, alley, square, or other public place." and 'Reconstructing as well as constructing any of these works. Two-thirds in number representing one-half in value of the property to be immediately benefited must petition for the local improvements. Local improvement rates do not apply to any work of ordinary repair or maintenance, and local improvements are kept in repair out of the general funds. The rate must be according to the frontage. The notice of the proposed assessment must bo published in two local newspapers ; if there are not tv/o, then in a newspaper nearest to the pru^jscd improvement. The publication is to be once in each week for two weeks. 1. 180 MUNICIPAL COUN'CILLOES If a majority of the o-wners "jterestcd petition t.'io Council against tlie assessment within one month after the hist publication, no second notice of assess- ment for the same improvement can be given by tho Council within two years thereafter. In case the first assessment prove insufficient, further assessments may be made until sufficient shall be raised. The assessment may bo commuted with the par- tics liable for tht* rate. If funds are furnished by the parties interested, the Council may do the work. As to common sewers having a sectional area of more tlian four feet, the Council must, before tho work is undertaken, provide one-third the cost by by-law for borrowing money. Corner lots, triangular pieces of land, etc., may be specially provided lor by by-law so as to provide an equitable mode cf assessment tor local improve- ments. Lands unfit for building purposes are made special cases. The cost of bridges and culverts may be laid on other property benefited in a particular locality, other than the lands fronting on the bridges or culverts. The Council may permit owners to improve side- walks in front of their lands. As long as they keep them in repair, they are not liable for the taxes for them elsewhere. Councils have special power to borrow from banks funds for local improvements. The loan must be repaid within the probable life of the work as certi- fied by the engineer. HAND-BOOK. 181 Where special assossmonts are irregular, new asBGSsincnts may bo made. But no assessmont can be mado or improvement luitlertakeu unless h is initiated in some one of the three methods pro- vided by law, namely : (rt.) Either on the report of the Engineer or other sanitary officer and of a committee of the Council recommending the proposed work or improvement for sanitary or drainage purposes adopted by the Council ; or [h.) On a petition of the owners of the real pro- perty benefited, sufficiently signed ; or (c) After due notice as above provided of the pro- posed assessment, and no petition of the ownera of the real property benefited against the proposed assessment, sufficiently signed, being ])resented to the Council within the time limited therefor. Property charged with local improvements is exempt from the general rates for the same purroses. By-laws of a city, town or villago in regard to drainage or local improvements need no advertise- ment or publication beyond written or printed notice being given to the owners, lessees or occupants or their agents. The notice must contain {) the 'lature of the pro- posed improvements, (e) the estimated cosfc, (tl) tlie amount of the assessment on the particuiiir piece of property, (o the time and mnnnor in which the same is payale, and (/') the tunc of the sit- ting of the Court of Pievision. It must be signed by the Cork or Aassessment Commissioner (see page 80; or other officer appointed by the :(|! .182 MUNICIPAL COUNCILLORS Council for tho purpose. It must be mailed to the o^Yncl•'s aclilress at least 15 days before the day aj)- poiiitcd for the sittings of the Court of Revision ; ten days' notice of the sittings must also be given by publication in some newspaper having a general cir- culation. This latter notice must specify generally what such assessment is to be for, and the total amount to be assscssed. The above directions are sufficient for enabling any one to draw these notices. There can not be a general form given. As stated above, property charged with local im- provements is exempt from general rates for the same purposes but the cost of works at the intersec- tion of streets is not included in this exemption ; nor is such property exempt from such portion of the general rate as may be imposed to meet the cost of like works opposite real i)roperty which is exempt from such special assessment. The following provisions of the statute are also made with reference to these exemptions : "Where a local improvement or service is petition- ed for and the petition is by two-thirds in number of the owners of the real property fronting or abut- ting upon the streets or place -wherein or whereon such improvement or work is proposed to be done or made, the exemption may be for a specified per- iod named in the petition and agreed to by the Council. "Or if, with or without naming any period for such exemption the petition requests an arbitra- tion the Council may accede to the proposal for an arbitration. "In case the matter is to be determined by arbi- HAND-BOOK. 183 30 tratiori, a sole arbitrator shall bo chosen f i r the pur- pose by the County Court Juclgo unless some person or persons is or are agreed to in that behalf by the petitioners and tlie Council. "Wherever, by reason of a special assessment, the owners are exempted from a general rate for the like purpose, as aforesaid, the Council shall, from year to year, by by-law directing the general rate of assessment, or by some other by-law. state what proportion of the general rate is for purposes for wIugIi there is such special assessment in any part of the Municipality, and shall state the same in such manner as may giye effect to this section. "Until a by-law is passed containing such state. meut, ncne of the money raised by general rate on real property specially assessed or rated for any work or service hereafter executed shall be applied to any work or service of the same charactor in any part of the munic'pality." A very important enactment was made by the Legislature in the year 1880, by virtue of which a city, town or village Council may, with the assent of the electors, pass a general by-law that all luture expenditure for drainage and for purposes such as are mentioned on page 170 shall be by special assess- ment on the property benefited. Such a by-law, alter it is jmssed, cannot be re- pealed without the like assent of the electors ; and in the case of such repeal, property which has be- come subject to a special rate by virtue of the by- law shall remain excm})t from general rates. The time the exemption is to cease is to be determined by arbitration, and the arbitrator is to be a)»j»ointod by the County Judge e>n application of die Council. liiii 184 MUNICIPAL COUNCILLORS AYIierc a gciicrnl by-luw lias Lccn pusHod as to local imi'iovciiniits such us uioutioucd in the bccoikI preceding pnragrai)li, places of worship may be nsBcssed lil:e oilier property. Those places may tilso be assessed •where there is no such general by- law, but where under the ordinary plan of local improvement, two thirds of the owners of the real property (excluding the trustees, corporation or other persoiis iv whom the church property is vested) and rejiresenting at least one half in value of the remaining property, petition the Council to undcrtalvc the said improvement. Or, the trustees or others in whom the church property is vested may petition, along with others, for the local improvements. In such a case it is sufficient if the two thirds in number and one half in value, include the trustees and the church pro- perty respectively. The intersections of streets, etc., may be charged on general rates in cases where special assessments are made for local improvements. Local improvement debentures do not require the assent of the electors, otherwise than as declared in this chapter; the petition of the requisite proportion of ratepayers is necessary as described in the various cases, but no voting on any by-law is required. Nor is voting required where debentures Mre issued for the cost of improvement of intersection of streets, etc., as above mentioned. Neither do local improvement debentures, where the assessment is special, form part of the general debt of the municipality within the meaning of re- strictions which are in the case of some cities, etc., aid upon tliom, limiting the amount of debt which UAND-BOOK. 185 tlicy can create. Nor is it necessary to rccito debts for local improvements, in certain money by- laws ni which it is ordinarily required to recite each and every amount of indebtedness of the municipal- ity, but when these debts are not recited it must bo stated that the amount of the general debt is exclu- sivo of local improvement debts. See page 97. As to sweeping, lighting and watering streots, it 16 provided that Councils of cities, towns and vil- lages may pass by-laws for raising, upon the peti- tion of at leaat two-thirds of the freeholders and householders resident in any street, square, alloy or lane, representing in value one-halt of the assessed real property therein, such, sums as may bu neces- gary for sweeping, watering or lighting the street, iquare, alley or lane, by means of a special rate on the real property therein according to the Irontage thereof; but the Council may charge the general corporate funds with the expenditure incurred in such sweeping, watering or lighting. The Council may also by by-law, define certain areas or sections within the municipalities in which the streets should be watered, swept and lighted and may impose a special rate upon the assessed real property, according to the frontage, in order to pay any expenses incurred in watering, sweeping or lighting such streets. DrviBiON III. — CovNTT By-Laws for Road Improve- ments. County Councils have (in addition to powers men- tioned in chapter XI) power to pass by-laws for levy- ing on particular properties benefited a 8u£Qcient sum for making, repairing or improving any road, 14 I ' Hi. I i ii > ' I IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ilM IIM m |||||Z2 4 Hill 2.0 1.8 1.25 1.4 1.6 ^ 6" ► % o c-l e: 1 y /^ r Photographic Sciences Corpomtion 23 WEST MAIN STREET WEBSTER, NY 14580 (716) 872-4503 ^1 ^ A ^v % V 6^ , Js 18C MUNICIPAL COTINCILLORS bridge or other public work in a township or hetwetn parts of two townships. Firstly, the requisites of duoh a by-law are that » petition must be signed by at least two-thirds of the electors who are rat6d for at least one half of the value of the property within those parts of the town- ship affected by the by-law, and secondly, — a print- ed notice of the petition, with the names of the sign- ers, must be posted up and published for at least one month by putting up the same in four different l^laces with: s. oh carts of the township, and also at the places for the sittings of the Council of each townfahip. li >'u?t aiso be inserted weekly for three cciisecwti*a r:- -. .n some newspaper in the county town. If there is no such newspaper then in the two newspapers published nearest the proposed work. A County Council has also power to pass hy-lawa acquiring roads, etc., lying within one or more town- ships, towns or villages, and to levy special rates for the improvement of such roads, etc. Such by-laws must state the amount to be raised for such work, and define the municipalities affect- ed, and the portion of work to be performed by each municipality ; provision is to be made for raising of the amount by county debentures payable in 20 years, or by equal annual instalments of principals with interest. An annual special rate is to be levied on all rateable property lying within the section de- fined in the by-law, whicli rate is to be sufficient for the payment of principal and interest of the de- bentures. A by-law of this kind must receive the assent of the electors. In such municipahtiei as it carries it HAND-BOOK. 187 will apply to ; where it is not carriefl by the elec- tors, the municipality will not be affected. The amount of money mentioned to bo raised in the by- law is to be reduced by the proportiouato amount which the municipalities voting against the by-law would have been required to pay. Though as stattfd in the preceding paragraph, the by-law applies to such municipalitiei where it is carried, still where it is carried in some and lost in other municipalities, it i» furthur requisite that the majority of the representatives of the municipalities carrying it, must vote for it in the County Council. These representatives only have the boIo power in reference to the expenditure of the money to be raised by the by law. As to passing such by-laws generally, and yoking on them by electors see Chapter VI. The great difficulty with regard to local improve- ment is that ratepayers in such parts of a munici- pality as are not improved have objections to local improvements being carried out in parts where tlie improvements have been done at the general ex- pense ot the municipality for years. This has ren- dered the loeal improvement system rather unwork- able. 188 MUNICIPAL COUNCILLORS CHA.PTBK Xm. POWERS OF MUNICIPAL COUNCILS AS TO RAILWAYS. All municipal Councils have a discretionary pow- er to aid railways. The aid may be in any of tbo following ways: 1. By subscription for any number of shares in the capital stock of the c a pany. 2. By lending money to the Company. 8. By guaranteeing the payment of any ium of money borrowed by the Company. 4. By endorsing or guaranteeing the Company*! debentures. 5. Granting bonuses. Debentures of the municipality for raisin ff money for above purposes must b3 for not less than $20, and with or without interest. The assent of the electors is necessary. Ste chapter VI. There may be conditions attached to aid given by a municipality to a railway company. By-laws of this kindcome under the head of "By- Laws creating debts," as to which see page 96. Where a City corporation passed a resolution ▼ranting $1,000 to an individual in consideration of his having advanced that amount in aid of a railway, the resolution was quashed. In case a municipal corporation subscribes for and holds stock to the amount of $20,000, the head HAND-BOOK. 189 of the Council ii ex ojieio one of the Direotori of the Company, and has the same powers and duties as other Directors. Township Councils may authorize any Railway Company -to mike a branch railway on corporation property or on highways, under such conditions as the Council sees fit. Power may -^Iso be granted by them to authorize companies or iudividuals to construct ^jramways and other railways alonj any highway on such terms and conditions as the Coun- cil sees fit. The grouping of municipalities to aid railways, la a system which was abolished by the Municipal Act of 1883. ., t pp INDEX. Administration of Oaths — power to almiuister, 82. uauBt relate to office, 82. iiB to accounts, etc., 82. (listiDctioQ betwoeu oaths, affirmations and Jeclaru- tious, 83. Alleys — See Streets. » Almshouseb, 121. Animals — , cruelty to, 127. fouling of docks, wharves, etc., by, 120. Anticipatory ArpROPiiiATioNS, 103, 104, 105, API'UENTirES- preventing the sale of drink to, 130. Arbitrations? — appointment of arbitrators to be by by law and under sale, lOG. time within which to be made, 106, 107. who to appoint, 106. between municipalities, 106. l)etwoen corpoi'ations and individuals, 100. mode of procedure, 106. failure to appoint, 107. time for making award. 107. persons disqualified as arbitrators, lu7. oath of arbitrator, 108. time of arbitiators' meetings, 108. di'jcretiou as to costs, 108. notes of evidence to bo taken by, 108. exception to this rule, 109. Area of Towns and Villages — 18, 21. of town, how reduced, 21. of villages, how increased, 18. " " " reduced, 19. Assessment Commissioners — appointed in cit'os, 80. notice to be given to, instead of to cltrk, 80. I B INDEX. 191 ASBEHBOllB — Same pereoas may be appointed asseHSors and col- lectors, 80. I ueed not be appointed annually, 80. AUCTIONKEKB — by-laws to license, 136. sales on public streets, 136. AU iTOBB — appointed annually, 81. must have no contract with corporations, 81. duties of, 81. audit in cities and towns, 82. " *' other muuicipalities, 82. " '• city of Toronto, 82. AWABD — Ballots — See Arbitration. Se3 Elfctiom. BlLLIAUD AND BaOATELLB TaI :.E8 — licensing' and regulating, 126. Birds — by-laws to prevent destruction of, 127i Blasphemous Lanquaqe — by-laws to prevent — 130. Bonuses — to manufactarers, 121. to. railways, 188. Booms — by-laws for protecting, 150. Boundaries — contraction or increase of municipalities, 18, 19, 21. establishing boundaries, 131. survey, how made, 151, 132. " must follow statute or be considered unau- thorized, 131, 132. between municipalities in reference to highways and bridges, 159, 100. BowLiNQ Alleys. * by-laws for preventiug or regulating, 130. Branch Railways— 189. 102 INDEX. Bread — by-law for seizing, when of light weight, 124. " that loaf ihoald be Btbmped, 124. " to prevent the use of dolet^riouB materials in making of, 147. Bbidokb— of county may be assumed by villages, 156 Buoh bridges to be toll free, 156 to be kept in repair, 150 approaches to, for 100 feet, must also be kept in re- pair, 156. where County Council has exclusive jurisdiction over, 156, 157 forming boundary lines between municipalities, 158. over river or stream over 100 feet wide, etc, 158. what is meant by a "river," 158. bridge may be a public LUisance, 158. between two counties or county and city, 158. Provincial, Ordnance or Dominion bridge, 160. obstruction on bridges, 163. aid may be granted to adjoining municipality to main- tain bridges, 164. aid may be granted by local municipalities to counties to maintain, 165. counties may maintain bridges across rivers 100 feet wide, etc., 167. powers of townships as to, 168. bridge companies may be aided, 121. driving on, 122. See Highway$. Bbushwood — ' by-laws as to, 129. Buildings, by-laws regulating, 122, 140, 148. Bt-lawb — The general method by which corporation act, 17,85. granting of monopolies prohibited, 86. may be repealed, 86. exceptions, 86. how authenticated, 87. when they require the assent of the Lieut.-Gover- nor, 87. objection by ratepayers, 87. voting on by electors., 88 to 95. notices to be published, 88, 89. different other requisites, 90, 90. qnahfication of voters, 91. oaths of voters, 91, 92, 93. iNDEv. ^onfirn,aLTo?bvr*'"''-*'^''^ bylaw. 94 .' '"'« aH to interest i^ *'"^""'^ *'^ y«"»'«. 97. howp„,, "J««-UoW^^ "^fc.ce requisite, jlV *^'«st PayubJo. 97. 98. •Pecial pr"i^i'orV,%Vff""^^«r«'oess loj 1867. 102 *' *° '^^'^^"'"'•««b«/o,e i.{ ja„ <^^B SrANDs-143 "*^"'"'^'*^«'-*«6>7* ^■LLA«n__ 142 ^'^ ^f'ctiotu, '0 show booka ..r ', • 7* o o' cities and *" V. ' ^'*'"« QiHae. 76 7fi ooiiJor 18 shareholder, 3C lOH 194 IStiKX. Il Cot lOii.H.hDW curnpnneil lu difTr'\, GO. iiotictJ of, GH. uo hntiiiesn to rx; done, till docluratiuu taken, 63. form of (lo<;laruti()ti. 31, (>H, (54. elocti L'ondiiut of buiiiuobs at iiieutiugH, G6 rulcH KH to (juorum, OH Huiniiii)iiinj4 meotiu>{s. 00, G7 , refuHiil of pi tmidiii'; olUcor to put motion, 67 presidiiij^ ofVicor in abst'nco of liead of Council, 67 ruloH (/f order. 6H, 01), 70. 71 vacancieH in Councils, 71, 72 rt'hifination of inemberH, 72 ctiBO of full numbtir of luembura not ulected, 73 dutiea of hoada tif CouucHh, 74 CoDHViBfl, liow formed. 2~> aenior county, whero court house and jjaol, 25 how union may be diHuolvod, 2.'> old by-laws to remain in force, 27 exceptions to this rule, 27 improvements by either county of a union, 151 As to powrr$, $ce p'lrticfUdr heiuling$ CoDBT IIouHKH, Gaolb, etc, duty of keeping in repair, 112 iuhptection of ^aols, 112 dutioHof counties.cities, etc, au.to court houias, 115, ll(i HKrc«'iiient aa to, 116 furniture, 116 CREDiTona, not afTected by chanf.;o in municipality, 27 CaiMiNAi.H, approheuHion of, 121 CBUBi/fY TO Animilh, 127 Dkiiknti.'ri58, j^uarantoe of by county, 150 Declarations, diBtinction butwoou audaftirmatiout, S.'i See ¥orm$. DxFAULTKUfl, in taxeit, 125 Dbputt Kurvks, form of declaration, 31 number of, 32 number of, how iucraased, 27 Dkputt IvHTUBMrUU OryiCKHB, sei' elect iont, DuQUAMf u'ATioN of member* of Counoilt, 34, 35 liat, of persons disqualified, ',U, 35 coutructa with corporation, 35 agent of contractor not disqualified, 36 but partner is, 35, 36 BhareholderB in companies, rules as to 36 time from which disqualification dates, 86 uftai;;litciiing, #10, reqniHitt'R of, 171 oinbaiikitifj, pumping, etc, 171 appeals to court (.f rovinioii, 173 work extended to ndjoiiiiuf* iniuiieipality, 176 oV)striictions to, 1715 town line ditolioH, 177 Dnmsd— on roadn nnd bridgOH, 125 on sidewalks, 139 EuiCTioNs, nominations, 38 titno and pl.ico of lioldinff, :JS who to preside at, 3H returning? offior not present, 30 candidatoR muHt be propf>sed and fK'condod, 10 may resi,'4i. when, 40 if nominated for two officea, 40 time and place of election, 40 term of ollic. 40 first elections iti now municipalities, 40, 41 bydaw the proper metliod forappointin^^ ))lace of, 41 place of ftrHt eIe«;tion in junior township appointed by the County Connci!, 41 •avery election must bo within municipality, 12 not to be in tavern, etc., 42 voters, 42 * who are qualified, 43 resident, definition of, 44 farmerii' sons, rules rulatinj; to, 44 tax defaiilterh, 44. 4 3 votsrs' liftt final, 4-> misdeecriptjon of voters, 45 iu caae of addition of now territory, 15, 46 owners and occupants severally rsited, 10 joint owner*; etc., 40 returninj; officers and deputy-returninfj ofTicors, 4f> the clerk acts for the whole municipality, 40 appointment by bydaw, 46 death of or failure to attend, 4C where none apiminted, 40 are conservators of the peace, etc., 47 must not be partizau, 47 oaths, forms of, 47, 48, 49, 50, .Jl who may iusifit on oath beiii>^ administiM-cd. uo enquiries to bo made, beNond oath, 51 refusal of officer to administer, '1, the polling, 52 ballot-boxes and papers to be procured, o2 separate sets of papers wdieu required, o2, i3.') separate compartment for voters, .'.S, printed directiona for voters to be jwsted op, oS o} 193 INDKX. vottirn' lintH, TiS ill caso of (ir»t olections aud of nevy territory, 58, ;'« dupiit^-rutiiruiuK ofTiours, poll clerks and aKonti may votH where htatioiUMl, 65 ballot box to he (>(xtiiejalfaJ, 5f» diitios aH to uiitry of voterti' uatnes, eto., 55, 56 Mpoiled ballot papura, 50 who to be proHont iti polling booths, 56 cloHt) or ohangin((, 125 ExRMPTioNa, persouH exempt from serviug ia Ouuucii, 37 FA1B8-137 » FinMERS' SOHB — $te elfctionn. FftNCiiB, by-lawB a8 to lawful fences, 128 division foiicen, 128 I barbed wiie fences, 128 may be ordered to remove in winter, 128 Fkrhiks— 130 FiNANCKB, uccouuts, liow kept, 105 iuveHtigation as to, 105 Fines AND Pknaltikb— power to enforce, 12J Fires — provisions in by-laws as to, 139, 140, 141 l' injuries to, 129 Provisional CoRPOBvnoN, 25, 33 Public Health, 132 PDiiiiio Works, purchase of, 99 QuALiPicATioNs, wliat are tequisito, 33, 34 property may be iu rii,'lit of wife, 34 owner need not liave deed in his name, 34 free from encumbrance, 34 gee also "errafa" — page 16 assessment roll the guide, 34 leasehold must be tenancy for a year, 34 clerk does not decide as to qualifications, 34 t«« also dhqualification Railways, Aid to, limit of two cents in the dollar not to apply to by-lawa, 101 by-laws to aid, 188, 189 method of doing so, 188 head of Council to bo a director, is certain cases, 188 branch railways, 189 grouping system ubolished, 189 . Road Companies, aiding of, 121 ROAPS, $ee highways and local improvements, Salaries of Officers, compensation to members of Coun- cils, GO how salaries provided for, 83 no office to be let out by tender, 83 gratuity to oiTicers of 20 years' standing, 84 Schools, erection of, etc., 12(5, 137 Sewerage, tee drainage Slaughter houses, 138, 139 Statuts Labor, 1o2, 170 Summary Remedy for infraction of by-laws, 125 SuKEiiES OF Officers, 29 Streets, and squares, in considering area of village, 18, 19 obstruction of, 141 uainiug, 142 width of, 16i, sweeping, lighting and watering, 185. sec highways Tavern — keeper of, disqualified, 35 no election to take place in, 42 see. liquor licensee. TKLEGRArn Poles— 143 TEiirERA;>cE Laws— 124 200 INDEX. TowMB— how formed, 20 area of, how reduced, 21 wards of. how arranged, 22 separation of, from county, 22 resalts of Beparation, 22, old by-laws to remain in force, 27 exceptions to tbiB rule, 27 re-union with county, 23 how Council in is composed, 32 a$ to votoeri tee particular headings. Townships -how formed, 23 when junior township can separate, 24 number of residents required, 24 how junior township may be detatched from uniou and annexed to another municipality, 24 old by-laws to remain in force, 27 exceptions to this rule, 27 how divided into wards, 41, 42 at to powers tee particular headings. ^, Transient Tradebs, 126 Tbkasubkr — security by, 79 sureties in case of change of corporation, 29 duties of, generally, 179 not to pay money to member of Council, 79 must make half-yearly statement of assets, 80 Trees — ornamental, 123, 129 obstructing highways, 167, 169 Vacant Lots — 139 Vagrants — 131 Victualling Houses — 126 Villages — how formed, 18 ' census may be taken, 18 ' name, how given, 18 area of, how increased and lessened, 18, 19 what by-laws in force in added territory, 27 when lying in two counties, 18 how debts settled between them and county, 19. 28 how it may cease to be incorporated, 19, 20 annexation of, to other ruuuioipalities, 19, 20 partly in two townships. 170 at to pcivers tee particular headings. ' . Voters — tee elections — see also bylawt Warden— election of, 65 resignation of, 72 Wards, how arranged in towns, 32 new division of, elections in such case, 11 oease to exist in townships after separation 41 how a township is divided into wards, 42 Water, supply «f, 124, 130, 138, 149 Weeds, by laws to prevent, 128 Wharves — powers as to, 120 Workhouses, 121