^, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I UiM2^ §2.5 m m us Ki u 1.25 i 1.4 i^otographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 CIHM/ICMH Microfiche Series. CIHIVI/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques I '1^ Technical and Bibliographic Notes/Notes techniques et bibiiographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checlted below. □ Coloured covers/ Couverture de couleur □ Covers damaged/ Couverture endommagde □ Covers restored and/or laminated/ Couverture restaurde et/ou pellicul^e Cover title missing/ Le titre de couverture manque □ Coloured maps/ Cartes g^ographiques en couleur □ Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) □ Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur D D D Bound with other material/ ReliA avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La reliure serr6e peut causer de I'ombre ou de la distortion ie long de la marge int^rieure Blank leaves added during restoration may appear within the text. Whenever possible, thrae have been omitted from filming/ II se peut que certaines pages blanches ajouttes lors d'une restauration apparaissent dans le texte, mais, lorsque cela 6tait possible, ces pages n'ont pas 6t6 film^es. L'Instltut a microfilm* ie meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cat exemplaire qui sont peut-Atre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la m6thode normale de filmage sont indiqu6s ci-dessous. □ Coloured pages/ Pages de couleur □ Pages damaged/ Pages endommag6es □ Pages restored and/or laminated/ Pages restaurdes et/ou pellicul6es I — I Pages discoloured, stained or foxed/ D Pages d6color6es, tachet6es ou piqu6es Pages detached/ Pages d6tach6es Showthroughy Transparence Quality of prir Quality in(6gale de I'impression Includes supplementary materii Comprend du materiel supplimentaire I — I Pages detached/ I I Showthrough/ I — I Quality of print varies/ I — I Includes supplementary material/ □ Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont «t6 filmAes A nouveau de fa9on A obtenir la meilleure image possible. D Additional comments:/ Commentaires suppl6mentaires; This item is filmed at the reduction ratio checked below/ Ce document est film* au taux de reduction indiqu* cidessous. 10X 14X 18X 22X 26X 30X 12X 16X 20X E 24X 28X 32X """' iiiinmiai ■■MSgj re i«tails es du modifier er une Fiimage ies re / errata id to nt w peiure, 9on A The copy filmed here has been reproduced thanlct to the generosity of: Library of Congress Photoduplication Service The imageft appearing here are the best quality possible considering the condition and logibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol ^»> (meaning "CON- TINUED"), or the symbol ▼ (meaning "END"), whichever applies. Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to bo entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: 1 2 3 32X L'exemplaire film4 fut reproduit grAce A la gAnArosit* da: Library of Congress Photoduplication Service Les Images suivani as ont AtA reproduites avec le plus grand soin, compte tenu de la condition at de la nettetA de rexemplaire filmA, et en conformity avec les conditions du contrat de fiimage. Les exemplaires originaux dont la couverture en papier est imprimAe sont filmte en commenpant par le premier plat et en terminant soit par la derniAre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, salon le cas. Tous les autres exemplaires originaux sont filmte en commenpant par la pramlAre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernlAre page qui comporte une telle empreinte. Un des symboles suivants apparattra sur la derniAre image de cheque microfiche, selon le cas: le symbols — »* signifie "A SUIVRE", le symbols ▼ signifie "FIN". Les cartes, planches, tableaux, etc., peuvent Atre filmAs A des taux de rAduction diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, 11 est filmA A partir de Tangle supArleur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'imagea nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 4 5 6 I : Si "f^. . CTt^'i^^ m^rmmiffmmmmmmiimmmmm COLLECTION OF SUCH OF THE ;. REVISED STATUTES OF ONTARIO, f AND OF THE ACTS OP THE LEGISLATURE OF THAT PROVINCE > PASSED IN THE SESSION 41 VICTORIA, 1878, AS RELATE TO ? H V» MUNICIPAL MATTERS. r=u COLLECTED, AJBII^GED AND INDEXED BY RiWklNGSFORD, OF OSOOODE HALL, BABM8TBB-AT-LAW. ■ V t TORONTO . HUNTER, ROSE & CO.. PUBLISHERS. 1878. ,* j.^i - II -j"^' u i ; m PRINTED AND BOUND BY HUNTER, ROSE & CO., TORONTO. 6 t,( 'iMftldfangift ^^r-"^""" aft*-,. ri «. c.i. f'iBB»t . i .^ ...f v^-;^'t..-.hga. ■.,a' ,a.,„J^..fia.iiif ,"in>^ t r i - i ' i '"ii iii iiiii-M i » SSSIiilBSlCSSpSSSIwiii*.^ t. \ 1 1 r ' * . r *A ' » ' A. -* jarg^ TABLE OF CONTENTS. OHArarat. 174.- 176.- 176.- 177.- 178.- 179.- PART I. Revised Statutes of Ontabio. Title XII. BftmiOIPAL MATTntS. 1. MumeipaA Institutwna generaS/y. -Municipal Act -Municipal Institutions in Districts 2. MiscdlaneovM Afunicipa? MaUera. -Registration of Municipal and certain other Debentures -Public Meetinf^s -Exemption of Firemen from certain duties -Support of Destitute Insane Persons 3. Amemment of Property. 180. — ^Assessment Act. 181.- 182.- 183.- 184.- 185.- 186.- 187.- 188.- 4. Sola of Inltomeatmg lAquon. -Liquor Licenses -By-laws of MunicipalitieB for prohibiting sale of liquor (" Temper- ance Act.") 6. Highwaya. -Travelling on Public Highways and Bridges. -Exemptions from Tolls -Double Tracks and Snow Roads 6. PvbUo Morala. 169.— Flrofuiation of Lord's Day 7. Pvblit HeaUh. 190. 191. 192.- 193.- -Publio Health Act -Vaccination and Inoculation 8. Protection of the Person, -Egress from Public Buildings -Invention of ||OcidentB firom thmahing machines PAQB 1 210 219 226 232 234 236 296 340 369 361 363 366 368 370 373 377 386 392 393 ' .' I IV TABLE OF (;0NTENT8. 9. Protection of Property, CHAPTBR. „ . . . » at. 396 194. —Tax on Dom and Protection of Sheep ^^ 195. —Pounds and Pound-keepers. ^^g 196._lnve8t-gation of Accidents by Fire ^^g 19;. — Fillinj/ up of Abandoned Oil Wells ^^ 198.— Line Fences ^ig 199.— Ditching water courses 10. Protection of Oame. 200.— Protection of Game and Fur-bearing Animals* *^^ 201.— Protection of Insectivorous Birds ^27 202.— Destruction of Wolves PART II. Miscellaneous Chapters of the Revised Statutes of Ontario Relating TO Municipal Matters. 1. Drainage Works. 430' 443 33.— Public Money for Drainage. 34.— Aid to Drainage by Municipalittes 2. Expe^ises of Administration of Jiistice. 84. -Fees of counsel and other officers in Administration of Justice. ... 447 86.— Expenditure of County Funds in certain cases . . ••••--•• _' ; ^lil 86.-Expen8es of Administration of Justice m criminal matters payable ^^^ by Crown 466 87.— Payment of Crown Witnesses. -. • • : • • • • • • ^gg 89.-Ap^priation of Fines and Forfeitures m certam cases 4^ PART III. ACTS PASSED AT THE SESSION OF THE LEGISLATURE OF ONTARIO, 41 VICTORIA, 1878, Affecting Municipal Matters. 8 (sec. 19).— Amendment to Municipal Act *7 9.— Investments in Tile Drainage ^Lg 10.— To amend Line Fences Act.. ^i^g • liZ?o"SndIS^cting-f)ii.WgWaie;^^^^^^^ 13.— To amend Assessment Act ^j 14.— To amend the License Act ■ .. i' A," " " 1 ' " ' V Wip.Wrinp 18. -To amend the h»w for the protection of Game and *i>r-»>«a™^K ^ 22 -Totmrntthe' Biased Staiuie for the protection of Insectivorous and other Birds beneficial to Agriculture. «« oq Tn nreserve the Forests from destruction by are •••••••; *°° llllo ?rovSfS employing prisoners without the waUs of common ^^^ gaols • This Act has been repealed by 41 V. a 18, which see at page 484. i ' lujia a te ^- . ARio, 41 Victoria, 470 470 479 ■■.■■".'■..... 479 480 480 481 Fur-bearing 484 jiBectivorous ; 487 488 I of coromon 491 page 484. PART I. REVISED STATUTES OF ONTARIO. TITLE XII. 1. Municipal Institutions generally. Chap. 174.— Municipal Institutions, p. 1. " 1 75. — Munici pal Institutions in Districts, p. 210. CHAPTER 174. An Act respecting Municipal Institutions. << Preliminary, s8. 1, 2. Part I.— Municipal Organization. Title I. Incorporation. Ss. 3-8, p. 5. II, New Corporations. Division I. Villages, ss. 9-15, p. 6. II. Towns and Cities, ss. 16-23, p. 9. III. Townships, bb. 24-31, p. 13. IV. Counties, ss. 32, 34, p. 15. V. Provisional County Corporations, ss. 35-49, p. " VI. Matters Consequent on formation of New Cor- porations, ss. 50-60, p. 19. Part II.— Municipal ^MtrwciLs, how Composed. TiOe I. The Members. Division I. In Counties, ,.i. 61-64, p. 22. II. In Cities, s. 60, p. 24. III. In Towns, s. 66, p. 24. IV. In Incorporated Villages, s. 67, p. 24. V. In Townships, s. 68, p. 25. VI. In Provisional Corporations, s. 69, p. 25. Title II. Qualification, Disqualification and Exemptions. Division I. Qualification, ss. 70-73, p. 26. <( «( 11. Disqualification, s. 74, p. 27. III. Exemptions, s. 75, p. 27. Part III. — Municipal Elections. Title I. Electors. Division 1. Qualification, ss. 76-84, p. 28. 2 Chap. 174. ■ Title II. Ehdiom MUNICIPAL MATTERS. [Title XIl I. Time and place of holding,', bh. SR-tt;?, p. 31. I!. i{oturiiiii!,'<)flia'r« utnl Dopiity Hoturning Otli- cuvH, SH. y4-!tH, p. :<:>. III. Oaths t.. bo tiikoii, h». i«)-10:t, p. 36. IV. Procoi'din^B Pruliiaiuary to tho Poll.M. 1U4-1.}< , p. 38. V. Tht) Toll, HB. 13S-ir}tl, p. 47. •' VI. MirtcollaiiuiniB I'mviHiuns, hb. l.^T-lfil*, p. tifi. " VII. Vacancit'B in Council, bs. 170-178, p. 5«. " VIH. Controvcrtod ElcctionB, SB. l7'.l-'2()0. •' IX. Cornipt I'racticuB, Prevention of, bb. i()\-i>*, p. 64. Pakt IV.— Meetinii of Municipal Councilh. Divmon I. When and whore held, bb. 216-224, p^ 68. " II. Conduct of business, bb. 225-234, p. 70. Pakt V.— Officers of Municipal Corporationh. JWvMion I. Head, bb. 236-230, p. 72. II. Clerk, BB. 237-246, p. 72. " III. Treasurer, ss. 240-249, p. 75. " IV. AssesBors and Collectors, bb. 250-263, p. 78. " V. Auditors and Audit, ss. 264-263, p. 77. VI. Valuators, k. 204, p. 79. «' VII. Duties of Officers as to Oaths, &c., bb. i(>t)-£ii, " VIII. Salaries. Tenure of Oftice, and becunty, bb, 273-276, p. 81. Part VI.— General Provisions. TitU I. General Jurisdiction of Conncih. Division I. Nature and extent, bb. 277-280, p. 84. Title II. Renpectirui By-laiva. Division I. Authentication of, 88. 281-283, p. 85. « II. Objections by Ratepayers, bs. 284-J85, p. »D. " III. Voting on by Electors, ss. 286-318, p. 86. . «< IV. How confirmed, ss. 319-321, p. 95. " V Quashing, ss. 322-329, p. 96. « VI. By-laws creating Debts, ss. 332--339, p. 98. " VII. By-laws respecting Yearly Rates, bs. d4U-rfDi, 1 AO VIII. Anticipatory appropriations, bs. 352-354, p. 105. « Title III. Respecting Finance. . „ qs=; sfid n 107 Dinsum I. Accounts and Investments, ss. 3o5-364, P- IW. " II Commissionof Enquiry into Finances, 88. db6-i5bO, p. 110. TitU IV. Arbitrations. . , » r.-^ i. » nrT iTa r, iin Divinion I . Appointment of Arbitrators, as. 367-378, p . 110 . " II. Procedure, sa. 379-385, p. 113. Title V. Debentures and other instrurmnts, ss. 386-394, p. 116. Title VI. Administration of Justice and Judicial ProMxgs. Division I. Justices of the Peace, ss. 39o-399, p. 118. " II. Penalties, ss. 400-403, p. 119- " III. Witnesses and Jurors, ss. 404-406, P- I'^O. « IV. Conviction under By-laws, a. 407, p. 120. t^^J.^^*it, ."I" ."'I*'. ■*fti.i#MM.ii-W [Title XII (, 8fl. sr^-m, I). 31. ioptity Hot\irniiig Olli- io:t, p. as. tothoPoll.M. 104-137, 47. , MS. 157-lf)t>, p. 5B. 170-178, p. M. w. 17!l-2()0. ontion of, ■■. 201-214, B. 215-224, p. 68. 225-234, p. 70. ORPORATIONH. • 1.75. , 88. 250-253, p. 76. 264-203, p. 77. 3aths, &c., 88. 255-272, fice, and Security, 88, 9N8. 77-280, p. 84. 11-283, p. 85. •8, 88. 284-285, p. 85. 18. 286-318, p. 86. 321, p. 95. ). 96. 88. SSZ'-SSg, p. 98. jly Rates, 88. 340-361, ions, 88. 352-354, p. 105. mts, 88. 355-864, p. 107. into Finances, 88. 305-366, ratora.BS. 367-378, p. 110. I, p. 113. 386-394, p. 116. ial ProceedUigs. 98. 395-399, p. 118. p. 119. 88. 404-406, p. 120. 1W8, a. 407, p. 120. Title XII.] MUNIOIPAI, INSTITUTIONS. Chap. 174. " V. Execution a){aiiiHt Mtinicipal CorporutionB, sa. 408-409, !>. 121. " VI. ContnictH void alike in Law and Equity, a. 410, p. 122. " VII. Pulicu omce and Police Magistrate, as. 411-412, p. 122. " VIII. Comniisaioners of Police and Police Force, sa. 413-428, p. 123. " IX. Court-houses, (Mols, &c., sa. 429-451, p. 127. " X. Investijk^ation as to Malfeasance, a. 452, p. 131. " XI. When Mayor may call out pusae cumUatu*, a. 463, p. 132. Part VII. — Powbum ok Municipal Oounuilh. Title I, Powern (ietierally. fjyivisiun I. Counties, Townships, Cities, Towns, and Villages, 88. 454-459, p. 133. *' II. Countiea (.Mtiea, Towns,... Villages, 8. 460, p. 138. *' III. Townships, Citiea, Towns Villages, as. 401-464, p. 140. " IV. Counties, Cities, Sep. Towns, s. 465, p. 140. " V Cities, Towns, and Villages, 8. 466, p. 149. " VI Cities, Towns, 88. 467-471, p. 156. " VII Towns and Villages, 8. 472, p. 168. " VIII. Counties as. 473-482, p. 159. " IX Townships ss. 483-485, p. 161. Tiil&. II. Poivers a» to Highways ami Bridges. Division I. General Provisions, as. 486-508, p. 163. " II. Counties, Townships, Cities, Towns, and Vil- ^ lages, 88. 509-613, p. 169. " III. Townships, Cities, Towns, and Villages, ss. 614-5li3. p. 172. " IV. Counties, 8. 524, p. 174. " V. Townships, ss. 526-528, p. 176. Title III. Poioen as to Works paid fur by Local Rates. Dims'ion I. Townships, Cities, Towns, and Villages, ss. 529-650, p. 178. " II. Cities, Towns, and Villages, as. 651-556, p. 187. " III. Counties, ss. 557-568, p. 189. Title IV. Powers as to Railways, s. 559-661, p. 190. Part VIII. — Police Villages. Division, I. Formation of, bs. 562-563, p. 192. * '« II. Trustees, and Election of, ss. 564-684, p. 192. " III. Duties of Police Trustees, ss. 685-595, p. 195. OoNnBMiNO AND Savino CLAasBs, SS. 596-597, pp. 198, 199. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts AS follows : — nhort title. Chap. 174. MUNICIPAL MATTERS. FUKLIMINAHY. 1. This Act may he cited as " The Municijxtl Act" [Title XII Inten'rotatlon 9 UnliHs otht'iwiHc «leclaie«l or indicattul hy tlic contoxt, of wonb.. whcivvrr any of i\w. following wonls occur in this Act, they Hhall have the nieaniii^'s hereinafter I'xpreHWul, namely : "Munici- (I.) '• Municipality, "shall mean any locality the inhal.itants P»Wty" „f which are" incoii)orate(l or an; continued, or hecomo HO under this Act ; " Local Muni- (2.) "Local Municipality," shall moan a City, Town, Town- ship, or incorporated Village ; (3.) " Council," shall mean the Municipal Council or Provi- sional Municipal C^ouncil, as tlu; case may he ; cipality. " Coiincil. ' County." " TownHhij), " County Town." "Land.- "Roal Es- tote." "Rual Pro- perty." " Hivjlnvay. • " Hoa.1." "Biiike." " KleotorK." " Reeve." Next day." (4.) " County," shall mean County, Union of Counties or United Counties, or Provisional County, as the case may be ; (5.) " Town.ship," .shall mean Township, Union of Townships or United Townships, as the case may he; (G.) " County Town," .shall mean the City, Town, or Village in which the Assizes for the (.Jounty are held; (7.) " Land," " Lands," " Real Estate," " Real Property," shall respectively, include lands, teneinents anil heieditaments,. and all rights thereto and interests tlierein ; (8.) " Highway," " Road " or " Biidge," .shall mean a Public Highway, Road, or Bridge, respectively ; (9.) " Electors," shall mean the persons entitled for the time being to vote at any municipal election, or in respect of any by-law, in the Municipality, Ward, Polling Sub- division, or Police Village, as the case may be ; (10.) " Reeve " shall include the Deputy Reeve or Deputy Reeves where there i.s a Deputy Reeve for the Municip- ality, except in so far as respects the office of a Justice of the Peace ; "11 ) The words "next day" shall not apply to or include Sun- day or Statutory Holidays. 36 V. «. 48, s. 1 ; 40 V. c. 8, 8. 46. [Title XII ! Act" ly the contoxt, I this Act, they , naiiu'ly ; the inhaltitantf* Hied, or liecomo y, Town, Town- oiincil Of Provi- ly he ; of CountieM or as tlie case may on of Townships le; Pown, or Village 3 heUl; Property," shall (I hereditaments^ lein ; 1 mean a Public tied for the time I, or in respect of ,rd, Polling Sub- nay be ; leeve or Deputy for the Municip- Rce of a Justice of to or include Sun- 48, s. 1 ; 40 V. c. Title Xll.] MUNICIPAL INSTITUTIONS. Chap. 174. I»AUT I. OF MUNICIPAL ORGANIZATION TlTI.K I. — iNCOnroRATION. TiTLK II.— New (Joki-oiiations. TITLE I.— INCORPORATION— Scc«. 3-8. 3. The inhabitants of every County, City, Town, Village, jJ^^S^l Township Union of Counties, and Uni(m of Townships mcor- c.inM.rati.m» porate«l at the time this Act takes effect, shall continue to be a continued. botly corporate, with the municipal boundaries of every such Coi-poration respectively then established. 3(5 V. c. 4«, s. 2. 4. The head and members of the Council, and the officers, ttea.!*, by-laws, contracts, property, assets and liabilities of eyeiy j;^.^^;;;' .„„. Municipal Corporation, when this Act takes eft'ect, shall bo tractH, Ac.,| deemed the head and members of the Council, and the officers, cnntinu^o. by-laws, contracts, property, assets and liabilities of such Corpo- ration, as continued under and subject to the provisions of this Act. 36 V. c. 48, s. 3. 5. The name of every Itody corporate (not being a provision- Names of al corporation) continiied, or erected under this Act, shall be ^';^^rj;*oi«. "The Corporation of the County, City, {Town, Village, Township, or United Counties, or United Townships as the case may be) of " (naming the same.) 30 V. c. 48, s. 4. 6. The inhabitants of every Junior County, upon a Provi- ^^^°^^ sional Council being or having been appointed for the County, corporatiomi. shall be a body corporate undei the name of 'i The Provisional Corporation of the County of " (naming it.) 30 V. c. 48, s. 5. ■ ^ 7. The inhabitants of every County, or Union of Counties in^£»^t erected by proclamation into an independent County or Union gj,j^,g^ &c.,and of Counties, and of every Township or Union of Townships, J^^^^^t^^^^"' erected into an independent Township or Union of Townships, j^'y ^^po- and of every locality erected into a City, Town or incorpoi-ated rate. Vilk'^e, and of every County or Township separated from any incorooiated Union of Countias or Townships, and of every County or Township, or of the Counties or Tovraships, if more than one, remaining of the Union after the sepai-ation, being so •— — " — ;fl^i?Sfl3SgS?*WTiT?---«:?;r ■•i«'.rj^ a&n -v^iMawft' i^C^WtrsMsUEfer-- '^WM-'i^. "«■*'* 6 Chap. 174. MUNICIPAL MATTERS. [Title XII. erected or separated after this Act takes effect, shall be a body corporate under this Act. 30 V. c. 48, s. 6. Corporate g. The powers of every body corporate under this Act shall wCTcked !iy '*^' exercised by the Council thereof. 3G V. c. 48, s. 7. couneiU. TITLE II.— NEW CORPORATIONS. DiV. I. — VlLLAdES. Div. IT. — Towns and Cities. Div. III. — Townships. Div. IV. — Counties. Div. V. — Provisional Coitnty Corporations. Div. VI. — Matters consequent upon the Formation of New Corporations. Division I. — Villages. When a Village may be incorporated. Sec. 9. Restnctions as to area of Towns and Villages. Sec. 10. Arrangement with respect to assets and debts of Toumships, Sec. 11. Case of Village partly in t^vo Counties provided for. Sec. 12. ArroAigement as to debts when Village transferred from one County to another. Sec. 13. Additions to area. Sec. 14, Meductions of area. Sec. 15. 9. When the census returns of an unincorporated Village, with its immediate neighbourhood, taken under the direction of the Council or Councils of the County or Counties in which the Village and its neighbourhood are situate, show that the same contain over seven hundred and fifty inhabitants, and when the residences of such inhabitants are sufficiently near to form an incorporated Village, then, on petition by not less than one hundred resident freeholders and householders of the Vil- lage and neighbourhood, of whom not fewer than one-half shall be freeholders, the Council or Councils of the County or Counties in which the Village and neighbourhood are situate shall, by by-law, erect the Village and neighbourhood into an incorpo- rated Village, apart from the Township or Townships in which the same are situate, by a name, and with boundaries to be respectively declared in the by-law, and shall name in the by- law the place for holding the first election, and the Returning Officer who is to hold the same. 36 V. c. 48, s. 8, part. jfreA of town 1©. No Town or Village incorporated after the passing of this Htnitedf^ Act, the population of which does not exceed one thousand When popula- tion 750, county council may inou*- porate as a village, and name place for first election, and a return- ing officer. [Title XII. hall be a body this Act shall i, s. 7. ^S. Formation of I Sec. 10. t of Toumships, led for. Sec. 12. 'erred from one (orated Village, r the direction unties in which show that the nhabitants, and ficiently near to by not less than lers of the Vil- ,n one-half shall inty or Counties ituate shall, by nto an incorpo- nships in which )undaries to be ame in the by- the Returning 8, part. e passing of this d one thousand Title XIL] MUNICIPAL INSTITUTIONS. Chap. 174.. Existing towns or vil- lages, area of wnich exceedi proiwrtionate limit not to \n enlarged. How popula- tion ana area may be reckoned. souls, shall extend over or occupy within the limits of the incorporation an area of more than five hundred acres ot land. 2. No Town or Village already or hereafter incorporated, and f^'^^^^^^llt containing a population exceeding one thousand souls, shall of area, make anv further addition to its limits or area, except in the proportion of not more than two himdred acres for each addi- tional thousand souls, subsequent to the first thousand. 3. In the case of all Towns or Villages now incorporated, whenever the area thereof exceeds the proportionate limit above prescribed, to wit, in all cases where the area exceeds the pro- portion of five hundred acres for the first thousand souls, and two hundred acres for each subsequent additional thousand, then in all such cases the said Towns or Villages shall not be permitted to make any further addition to their limits until their population has reached such a proportion to their present area. 4 But in all cases, the persons then actually inhabiting the land about to be included within the limits of any Town or Villac'e, may, for the purpo.se of such extension, be held and reckoned as among the inhabitants of such Town or Village; and the land occupied by streets or public squares may be ex- cluded in estimating the area of such Town or Village. Ab V. c 48, s. 8, last part. U In all cases where an incorporated Village is separated ^^'^p^^*'"^-;,/* from the Township or Townships in which it is situate, the pro- payment of. ^^sLs of this Act for the disposition of the property and d^^wj^n .- payments of debts, upon the dissolution of a Union of lown- lageiasepa- ships, shall be applicable as if the localities separated had been rat^d^f™- two ToAvnships, and the Councils of such Village and Township or Townships shall respectively perform the like duties as by such provisions devolve upon the Councils of separated iown- shipsrthe said Village being considered as the Junior Town.ship. 36 V.' c. 48, s. 9. 13 When the newly incorporated ViUage lies within two or more Counties, the Councils of the Counties shall, by by-law, annex the Village to one of the Counties; and if within six months after the petitions for the incorporation of the Village are presented, the Councils do not agree to which County the Village shall be annexed, the Wardens of the Counties shall memorialize the Lieutenant- Governor in Council, setting torth „„.. the grounds of difference between the Councils ; and tnereupon the Lieutenant-Governor shall, by pronlamation, annex the Vil- lage to one of such Counties. 36 V. c. 48, s. 10. 2 In case the Wardens do not, within one month next after i„ case of fail- the expiration of the six months, memorialize the Lieutenant- -«^«[~»^ Governor as aforesaid, then one hundred of the freeholders and holders, Ac, householders on the census list may petition the Lieutenant- may ,M,t.tio» When the villaee lies within two or more oountiM, village to be annexed to one of them by the county coun- cils or Gover- ff 8 Chap. 174. MUNICIPAL MATTERS. [Title XII, Lieutenant- Governor to settle the matter, and thereupon the Lieutenant the incorporated Vil Governor. Governor .shall, by proclamation, annex laye to one of Ithe saie- lonKetl u< an- loniT to the same County as the rest of the Tovvn or City. 30 "»'»"• "^"""^y 4H, s. 19. V.c. t. The Council of any Town may pa.ss a by-law to with- Town may the Town from the jurisdiction of the Council of the f,.on,'ju,UdU; 33. ^ ^ . _ ^ .with.lrawn draw the Town from the jurisdiction of the Council of the f,.on,'ju,UdU> County within which the Town is situated, upon obtaining the tionof c'onnty assent of the electors of the Town to the by-law in manner I,^^rtain cmX provided by this Act, subject to the following provisions and tions. conditions : Amount to be paid by town to county for expenseH of administration of juHtice to be Bettled by a)^eement or arbitration. 1. After the final pavSsing of the by-law, the amount which the Town is to pay to the County for the expenses of the ad- ministration of justice, the use of the Gaol, and the election and repairs of the Registry Office, and for providing books for the same, and for services for which the County is liable, as required by and under the provisions of any Act respecting the registration of instruments relating to lands, as well as for the then existing debt of the County, if not mutually agreed upon, shall be ascertained by arbitration under this Act ; and the agreement or award shall distinguish the amount to be annually paid for the said expenses, and for the then debt of the County, and the number of years the payments for the debt are to be continued ; 2. In adjusting their award, the arbitrators shall, among Matters to be other things, take into consideration the amount previously get"ii^g'"the'^ paid by the Town, or which the Town is then liable to pay, game. Jbr the construction of roads or bridges by the County, without the limits of the Town ; and also what the County has paid, or is liable to pay, for the construction of roads or bridges within the Town ; and they shall also ascertain and allow to the Town the value of its interest in all County property, ex- cept roads and bridges within the Town ; , 3. When the agreement or award has been made, a copy of Copy of agree- the same, and of the by-law, duly verified by affidavit, shall be ^^b^se'nrto transmitted to the Lieutenant-Governor, who shall thereupon the Lieut- issue his proclamation, withdrawing the Town from the juris- p°Jc®i^ation. diction of the Council of the County ; 4. After the proclamation has been issued, the offices of Effect of such Reeve and Deputy Reeve or Deputy Reeves of the Town shall pro<'l«n'»tio«- cease ; and no by-law of the Council of the County thereafter made shall have any force in the Town, except so far as relates to the care of the Court House and Gaol, and other County property in the Town ; and the Town shall not thereafter be liable to the County for, or be obliged to pay to the County, or into the County treasury any money for County debts or other purposes, except such sums as may be agreed upon or awarded as aforesaid ; I I i 1 I i 12 Chap. 174. MUNICIPAL MATTERS. [Title XII. yearn. New a^rree. n. Afto.- the lapse of tive years from the time of the a«rce. mentor award „j,.„^ ,„. aw^anl, or such shorter time as may l)e stated in tiic *'*" '"■ agreement or award, a new agreement (,r a n.-w awanl may he ,na,.tv theretofore owned by the Ccmnty, except roads and bridges^ within the Town, shall remain the property ot the County. .S(i V. c. 48, s. 20. Town may ?53. The Council cil of any Town which has withdrawn from a aft:^r"fivryearfl (.„untv' or Union of Counties, may, after the expiration of hye SawaTS. years from such with.lrawal, pass a by-law (to h. as^en ed ^ by-law tor re- f , ^^^, electors in mannev provided tor by this Act in itsptci coTi>r of by-laws for creating debts) to re-nnite with such I ounty or Union of Counties. ProviHo,that 2. The said by-law shall have no etiect urdess vatiHed ami by-law Hhall c„„ii,.„u,i by the Council of the C^ounty or Union of (ountits ?Sra'ti^;f from which the said Town ^^^d previously withdrawn withm by council of ^^^ ,„onths after the passing of the sanl hy-law, and unless county, &c. ^^^^ ^^^.^^^^ ^^^^^ conditions which the Town shall pay, perform oi be subject to, have been previously agreed upon or settled in manner following, that is to say: — 3. Before the said by-law is confirmed by the Council of the County, the CJouncils of the Town and County shall detei- mine 1^ agreement the amounts of the debts of the Town and C!ounty respectively which shall be pax; or borne by the County after the re-uni<.n, or what amount shall be payable by a special rate to be imposed upon the ratepayers of the Town, over and above all other County rates, and all other matters relating to property, assets, or advantages consequent upon such re-union, and as affecting the County or Town respectively, and such other- terms or conditions as appear just shall be settled by such agreement: an.l in default of such agreement being come to within three m.mths after the passing of the by-l^^^J*^^ Council of the Town, the said matters «hall be settled by arbi- tration, a.s provided by this Act 30 V. c. 48, s. 21. And before by- law ratified, the amouutH of the debts of town iind county resiiec- tively wliall l>e determined. Division III.— Townships. Ttmnships, Jiow attaclved to other MunwipalUies. Sec. 24. [Title XII. of the a^'i-oe- e stati'fl in the award may he le Town to the of jii.stice, the (fi«try Office or for serviceH for under tht^ pro- of inHtrumsnts the (!ounty, all ccept roads and )roperty of the thdrawn from a cpiration of five be assented to i Act in respect ,h such County ess ratifi(Ml and lion of (bounties thdrawn, within la^\^ an«l unless pay, perform, or upon or settled le Council of the nty shall deter- )f the Town and le by the County ^able by a special ) Town, over and fttters relating to on such re-union, tively, and such 3,11 be settled by ment being come lie by-law by the e settled by arbi- s. 21. Title XII.] municipal institutions. Chap. 174 13 Now towTwhip tii>yiinyi)ro« claiiiatiou. .Junior town- ship c'ontaiii- inu' 100 free- houlei's, &c., may be sepa- rated from union. alities. Sec. 24. When Junior Tovmnhrp intiy become n, »epar(Ue Curpora- tion. Sees. 25-20. An'niKjenvmt of joint a»HfitH awl debU. aec. 27. Nev Tonnrnhipx, union of. Srcs. 2H-21). Seiiiontif of Townships. Seen. :{0-.*U. 94 In cast^ a Towaship is laid out by tlu^ Crown in ti-rritory formin..' no part of an inr orporated County, the Lieutenant-(jo- vernor" nay, by proclamation, aiuicx the Township, or two or moie (.f su'eh townships lying a.ljacent to one another, to any adjacent incorporate.l County, and erect the same into an incor- porati'.l Union of Townships with some other lownship ot .such County. :i()V. C.4.S s. 22. 33 When a Junior Township of an incorporated Union of Townships has one hmidred resi.lent freehol.lers an.l house- holders on the assessment roll as last Hnally n.-vised and ])a,sse(l, such Township .shall, upon th.^ first day of January ne.vt atter the passing of the proper by-law in that beliall by t'''' ^ '"'"ty Council, become si'parated from the Union. :{(} V. c. 4H, s. Z.i. iHi In case a Junior Township has at least fifty, but Ic-ss than j^^ -'-|; -- one hundred resident fieeholders ami householders on the last ,,,;,, j,„„tain- revised assessment roll, and tw,.-thirf 3. The two Corporations shall he jointly interested in the other a.ss(^ts of the Union, and the same .shall he retained hy the one, or shall he divided hetwecn both, or .shall he otherwise disposed of, as they may agree ; 4. The one .shall pay or allow to the other, in respect of the said disposition of the riial and peisonal propeity of the Union, and in respect to the del)ts of the Union, such sum or sums of money as may he just ; How to be de- .5. In case the (Councils of tho Townships do not, within **™!)Tdii" *^'"*'^ months after the first meeting of the C!ouncil of tlie agreement. Junior Township, agree as to the disposition of the personal pro- perty of the Union, or as to the sum to be paid by the one to the othei-, or as to the tinujs of payment theieof , the matters in dispute shall be .settled by arbitration under this Act ; Amount 0. The amount so agreed upon or settled shall bear interest "^Ti*?!!'" f'"0"» tl"-' '•"'>' "'^ which the Union was dis,solved ; and shall be Stemt provided for by the Council of the indebted Towaship like other debts. :«i V. c. 4fS, s. 2.5. New town- ships, &c., within the limits of in- corporated coimties, to be ixnited to adjacent town- ships, and liow. 2S. In case a T(jwn,ship is laid out by the Crown in an in- corporated County or Union of Counties, or in case there is any Township therein not incorporated and not belonging to an in- corporated Unirm of Townships ; the Council of the County or United Counties shall, by by-law, unite such Townships for municipal puiposes, to some adjacent incorporated Town.shipor Union of Townships in the same County or Union of Counties. 30 V. c. 4S, s. 27. Townships not jj9_ In case of there being at any time in an incorporated OT^uffi miy County or Union of Counties two or more adjacent Townships be fonnedinto not incorporated, and not belonging to an incorporated Union unions. ^£ Townships ; and in case such adjacent Townships have toge- ther not less than one hundred resident freeholders and house- holders within the same, the Council of the County or Union of Counties may, by by-law, form such Town.ships into an in- dependent Union of Townships. 36 V. c. 48, s. 28. 30. Every proclamation or by-law forming a Union of Townships shall designate the order of seniority of the Town- ships .so united ; and the Townships of the Union shall be clas.sed in the by-law according to the relative ^.umber of free- holders and householders on the last revised assessment roll, or if there be no such revised assessment roll for any of such Townships, then the order of seniority shall be determined by the proclamation or by-law, as the Lieutenant-Governor or Seniority of Ruch town- ships, how regulated. [Trn.E XIT. the remaining e property of erostcd in the •etainod l»y tlie he otherwise Title XII.] MUNICII'AL INSTITUTIONS. Chap. 174. 15 County Council may think tit. 30 V. c. 48, h. 2!» ; 40 V. e. 8, 8. 47 ai. In case the Uuitof JT"- vi«i<>iml cMiun- c'il in jiinicir county. Firnt ini'ftiui; tht'rei>f. County town. I'rojK'tiif vui>/ he nainired for On"! ninl Cimrt Unnm. Sr,: :is. " " . . , -i J Poiiri'H of l'i-i»ri>*iiniiil ('i)iiinil ititl In i ill ivjiive With imitm Vin'iKn'dfiun Sec. 'V.\. Arnniiiriiieiit i>o'inted. Hec. 43. Si'ininitioii, ii'lteit complete. Hecft. \\, 4-'). Jadichd pi'oceedinijx on tiepandion, Sei:n. 40-40, and 2!)-30 V. c. 51, «H. 52, 53, 55. *I«T. WliiTt' thf cfusus r»'tuins taken undor a Htatutu, or un. time to time by ^sional Trea.surer, ■j-y as the Council all hold oiiice for id the Treasurer ;e until removed re the neces.sary Jounty on whicn ct a Court House e County, and in I and regulations ,W8 for such pur- hall not interfere 1, and any money Tm.K XTI.] MrNHMi'.vr, iNSTrrrnoNs. Clia]). 174. raised by tbe Provisional ( '..uneil in tin- Jiu.iur ( ■..unty slmll be "^^^^^ indeiiendent of the money raised tln-rrui by the Conned ot tlie 17 •1 T'nion. ,S. .VKii't'iiu'iit UpiHl llirlsnlu- tioii uHto ji>iiit liuliilitiH^uiiil jnillt llHHCtH. Senior oipunty ti. liHHunif ilelitx of union. .Iiiniiir county til lit' clmrKt'il witli juHt pro* |iiii'tiiin. 41. No member of the Provisional Council shall vote or take Wl-^' i-^J;,. any part in the Council of the Union on any (piestion aHecting i,,™ shall not such agreement, or the negotiation therefor. 'MS V. c. 4!S, votu. s. 40. 4«. In case the Councils, within one month after the period J'l/^^-J^/^ '«"■ mentioned in section fortv, are unable to .h'termine by ,i5'^,,„te« t,, i>e agreement the several matters hereinb..fore metitione.l ^y.th aetenmn^^ respect to their debts, as.sets and property, such matters .shall be .settled between them by arbitration under this Act, anr<>|n'rty, t'tf. contiuufd. lifter tlir iiid (»f tinvc iiiotitlis fr.iiii tlir (latf of tlic |»nK-lnma- tiiiii ; iiinl iMi tlmt ijav tlif Courts iukI ntilccis of tlic riiiuii iii- cliiiliii^' .liistici's of tiir I'l'iuTj .sliali ctasc to liavi' iiiiy jinisdic- tioii in till' .liiiiior ( 'oimiy ; uinl iIm- n-al jiioi>t'ity of tin' ('oi|ioratioii of tlir I'liioii situate in tlir .luiiioi' Comity sliiill Iprcoiiif tlic i»io|i( rty of tlif Corpoiutioii of tlic .liinior County, ami the rial |iro|H'ity situate in the remaining- ( 'ouiity »»r uuiU.'. \7 i 19 of tilt! priK'liMiiu- ut' the riiioii iii- avc uiiv jmistlic- jiidlicity of tlif not' ( 'oiiiit y >i)iiill ic .luiiiur ( 'oiiiity, CtMiiity oruiiittil ration of tlic 11'- licrassfts, licloli;;- (ii^f U) utnl I"' tin' ■iiion of ( 'oiiiitii's ioii ; and, if not lation, tlioy »luill I'ounty, or I'nion ,ion, tfify may lu- (H'din;; institutf'l initv of (Iniou of from a Union of isional C.-onncil of intracts, pittjM'ity, ation,. shall Ih; tJit^ orticers, hy-laws, new Corporation. ioH shall not pre- froni proceutjing within the Junioi- B in his hands at thereof, or of any e cause ; or in the ting all necessary md the acts of all teld and construed ;o the same extent further. 36 V. g. Counties, thei-e is ug in winch the le Court in which y Judge who ha* onsent of parties, ir the venue to be and papers to ))e mty. 36 V. c. 4«, all such actions on and tried in till' Siniui- ('ounty ; liut nothing; in tlii-< Ad tontainid nhali !•<• i'" rurriMci en constiiicd to atl'ict the provisions of scetions (ifty-two, lifty- ,,','„j',7iy"' (hrt'c jind tifty-tlM- of tlir Act of the I'lirliaiiiiiit of the I'ro |>,,,vi„,,i« t.i s inrc of • 'anada passed in tlir Session held in the twenty-ninth iriniiiinl pm- Jtnd thirtKlli yeitrs of the leiijn of llei' itieseul Majesty, and ' '""''' cluipt) »ed tifty-oiv ^o fai as tin' same lelale to eiiminal pid- ' eding«, iUi V c. 4f^ ^ +7. [fiiitiiiii.i '>'!, y.i ((/(./ T),') of :il>-.'{() r. c, .')l, ((/■(■ e oi any hucIi indictniunt found at any Ctiurt of Oyer und Terininur and (ieneral (iaol Uulivery, any -ludtJiu of either of the Superior ('ointf* oi Comnion Law nniy make the order. H'.i. Ill laNe no Kucli ehunxe ho directed, all hucU uetiotm, inforniivtiotiH, If iin Miicoial indiutmentH and other judicial proceediiigH Hhiill l^e carried on and trieil "'■\iy the Village, Town or City shall pay to the Township or of limits. (jy„,^ty from which the additional tract has been taken, such part (if anv) of the debts of the Township or County as may l^e just; and in case the Councils do not, within three months after the tirst meeting of the Council of the Municipality to which the addition has been made, agree as to the sum to be paid or as to the time of payment thereof, the matter shall be (settled by arbitration under" this Act. 30 V. c. 48, s. 54. 34 After the formation of a new Corporation by the dis- solution of a Union of Counties or Townships, the tJouneil of the Senior or remaining Countyor Township shall issue its debentui-es or other obligations for any part of any debt contracted by the Union for which debentures or other obligations might have been, but had not been, issued before the dissolution ; and the debentures or obligations .shall recite or state the liability of the Junior County or Township therefor under this Act ; and the Junior County or Township shall be liable therefor as if the same had been issued by the Union before the dissolution. 36 V. c. 48, s. 55 Assessments SS. All assessments imposed by the Council of the then Cor- for year pre- novation for the year next before the year in which the new ceding dissolu. ^(^,^ .g^ti^n j,, f^^y,^^^^ by separation therefrom, shall belong to Debentures to issue for debts, and to bind the old and new niunici- p«lities. [Title XII. 1 force until re- Uorporation ; l»ut unless thuy could (1 by the (Jouncil lits of any Muni- all extend to the [unicipality fi'om to apply to the Is anr this Act ; and the refor as if the same (solution. 36 V. c. cil of the then Cor- in which the new 3m, shall belong to Title XII.] MUNICIPAL INSTITUTIONS. Chap. 174. •21 the then Coi-poration, and shall l»e collecteility of the former Corporation, amount, the exceeds the sum which, by the agreement or award between ^^^^^ "•' the Councils, the new Corporation ought to pay, the excess may be recovered against the Senior or remaining Municipality as for Fonuofaction money paid or as foi- money had and received, as the case may be. 30 V. c. 48, s. .')7. .17 In case any Village is incorporated, or any Village oi" Town Former coun- is erecte««r.s, and or Townships, as if they had originally been respectively ap- pointed public officers for such SeniorCounty or Towmship or for such remaining Counties or Townships only. 36 V. c. 48, 8.60. 60. All sureties for such public officers shall hk, and remain Their sureties. liable, as if they had become the sureties for such public officei^ in respect only of such Senior County or Township, or of such II «>•> C]\n\x 174. MUNICIPAI, MATTERS. [Titm: XII. voniai|iin<^ ( V)iintifs orTownsliips, and all sccuritios which have liocii ^ivi'ii shall, after tho separation, l)e read and construoil as if they had been j,dven only foi' the Senior f)r remaininjj; ('ounty or Counties, or Township oi' Towi*slii])s ; tmt nothing Iu!^HU^"r lifrein t-ontaini'd shall atfeet tlie riglit of new securities heing affcitid. re(piired to he given hy any Sheiitt'oi' liy any ( 'lerk oi' Bailitt', or otlier puhlic otHci, under any statute, or otherwise how- soever, *Ui V. c. 4S, s. (il. PAKT II. MUNICIPL COUNCILS, //Oil' COMPOSE I). Title I.— The Memhehs. Title II.- -Qualification, D!;;quai-ifu'ATIon. anp Exp:mp- TIONS. TITLE I.— THE MEMBERS. Div. I. — In Counties. Div. II. — In Cities. Div. III.— In Towns. Div. IV.— In Villaoeh. Div. \. — In Townships. Div. VI.— In Provisional Ct>Ri'ouATioNS. Division I. — In Counties. Conncih. Sec. Gl. Certificate of Qvalification. Sees. 62-04!. Countieg. 61. The Council of every County .shall consist of the Reeves and Deputy Reeves of the Townships and Villages within the County, and of any Towns within the County which have not withdrawn from the jurisdiction of the (Jouncil of the County, and one of the Reeves or Deputy Reeves shall be the Warden. 36 V. c. 48, s. 62. [Titm: XII, iiitios which liavo 1(1 and t'onstrueil ior or loiiiaining ips ; liut nothing w sfcuritii's hoing • Clerk or Bailiff^ ir otherwise how- hVl'OHE I). )N, AND EXEMP- s. JxVTIONS. sist of the Reeves 'illages within the iy which have not cil of the County, 11 be the Warden. Title XII.] Ml-NICIVAL INSTITUTIDNS. Clmi). 174. 28 A*l. No Reeve or Deputv IWve shall take lus seat .n the ;,« ' •-"■ Cnuntv Council until he has Hl.-<1 with the(Vrk ot theC ounty Council a certificate ..f the Township, Village or I own ( lerk un.Irr his hand, and the seal of thr Municii.al ( orporation, that such Ue.'ve or Dei.utv Me.'ve was .luly elect.'d, and has made and suhscrihed the declarations of ^^^^^ ^\^^^^Z^ -^^m.^^^^ such Reeve or Deputy Reeve; nor ni case ot a DeputA "^"^ ' • t„ ..^...ti,,,, ,„„i until he has also tiled" with the Clerk of the County an athrn.a- ,.„„,,„.,. „f tion or declaration of the Cl.>rk or ..ther pers.m havn.g tlu> f.-M^^^^^^^^^^ Ic.ml custodv of the last revis.'d assessni.'ut rolls tor the Muni- ,,, i,. l,e tile,! cipalitv which he represents, that there appear upon such ro Is l.y IWes and the names of at least Hve hundreie last revised. 3() V. c. 4cS, s. (53. 63. The certificate firstly above-mentioned may be in the ^-m^f -rtl. following form : I }i ^yi , Clerk of the Corporation of the Township '(Town or Village, as the case nunj '"') "f ' ".' *||^ hZutv of , do hereby, under my hand and the seal of the county oi ) J > Esqinre, was duly r tSX?ve (";. ^^XXJy^^is I case may l>e) of' the\d 'Xownship (totr..rvZge,«.s ?//.«.. .u,y l,e), and has rnade -"^ subscnbe^^^^^^^ dechirations of office and .lualification as such Reeve (or Deputy Reeve, fw the case nmy be). Given under my hand and the seal of the said Corporation of , ^^Onen ""fle-^.n^h^ .^j^ Township (Town or Village, as the case may be), this ' day "^ , A.D. 18 . ticateiut to election, &c. ( Seal of the ^ < Municipal > ( Corporation. J 36 V. c, 48, s. «i4. A. B., Township (Town or Village) Clerk. 64. The certificate secondly above-mentioned may be in the Fm«oi c rti. following form : — ?"™hld"^ , Gentleman, Clerk of the Township (Town or f«f^^mi««- County of I, . B., of , Village, as the case may be) of , ui the do hereby declare and affirm as follows :— (1 ) That I am the person having the legal custody of the last revised assessment roll for the said Townsh p (Town or Village, as the case maybe). (2) That there appear upon the said roll the names of at least hundred (five hundred for each Deputy Reeve) freeholders and householders in the said Township (Town or Village, cm the case may be), possessing the same property qualification as voters. 24 CitieB, Towns. Chap. 174. MUNICIPAL MATTERS. [TiTLK XII. (3.) That no alturation reducing the limits of the said Municipality, and the number of persons possessing the same property qnalitiuatinu as voters below hundred {Jin- hntutred for mch Dvpvfii AVctv), has taken place since the said roll was last revised. .1. li. 36 V. C. 4H, .s. ().'). Division II.— In Citiks. Councils. — Sec. 66. 6«J. The Council of every City shall consist of the Mayor, who shall be the head thereof, and three Aldermen for every Ward, to be elected in accordance with the provisions of this Act. 36 V. e. 48, s. 66. Division III. — In Towns. Councils. — Sec. 66. 66. The Council of every Town shall consist of the Mayor, who shall be the head thereof, and of three Councillors for every Ward where there are less than live Wards, and of two Councillors for each Ward where there are five or more Wards ; and if the Town has not withdrawn from the jurisdiction of the Council of the County in which it lies, then a Reeve shall be added, and if the Town had the names of live hundred freeholders and householders on the last revised assessment roll, possessing the same property qualification as voters (not- withstanding that such persons may not be entitled to be voters), then a Deputy Reeve shall be added, and for every additional five hundred names of persons possessing the same property qualification as voters on such roll, there shall be elected an additional Deputy Reeve. 36 V. c. 48, s. 67. Incorporated villages. Division IV. — In Incorporated Villages. Councils. — Sex;. 67. 67. The Council of every incoi-porated Village shall consist of one Reeve, who shall be the head thereof, and four Council- lors, and if the Village had the names of five hundred free- holders and householdei-s on the last revised assessment roll, possessing the same property qualification as voters (notwith- standing that such persons may not be entitled to vote), then of a Reeve, Deputy Reeve and three Councillors, and for every additional five hundred names of persons possessing the same pi-operty qualification as voters on such roll (notwith- ^-=;;.'!i*S^rfSP'«'-?**fe^*'^***?-^^**-'**^ ""'- ' ' [TiTLK XII. said Municipality, arty qnalitiuation as A. li. t of the Mayor, enuen for every )rovisions of this ist of the Mayor, ! Councillors for ards, and of two 1 01' more Wards ; e jurisdiction of len a Reeve shall of live hundred vised assessment n as voters (not- tied to be votei-s), every additional e same property ill be elected an LLAGES. lage shall consist ind four Council - 'e hundred free- assessment roll, voters (notwith- ntitled to vote), incillors, and for IS possessing the h roll (notwith- TlTLE XII.] MUNICIPAL INSTITUTIONS. Chap. 174. 25 standing that such persons may not be entitled to be voters), there shall be elected an additional Deputy Reeve instead of a Councillor. 36 V c. 48, s. 08 ; 39 V. c. 7, s. 18. Division V.— In Townships. Councih. — Svc. OS. 68. The Council of every Township .shall consist of a Reeve, Townships, who shall be the head thereof, antl four Councilloi-s, one Coun- cillor being elected for each Ward where the Township is di- vided into Wards, and the Reeve to be elected by a general vote ; but if the Township liad the names of five hundred free- holders and householders on the last revised a,ssessment roll, possessing the same property qualification as voters (notwith- standing that such persons may not be entitled to vote), then the Council shall consist of a Reeve, Deputy Reeve, and three Councillors, and for every additional five hundred names of persons possessing the same property qualification as voters on such roll (notwithstanding that such persons may not be entitled to be voters), there shall be elected an additional De- puty Reeve instead of a Councillor. 30 V. c. 48, s. 09 ; 39 V. c. 7, s. 18. Division VI.— In Provisional Corporations. Councils. — Sec. 09. 69. The Reeves and Deputy Reeves of the Municipalities Provisifmal within a Junior County for which a Provisional Council is ^";;,"S,ed!'^ established, shall ex o^c'w be the members of the Provisional » Council. 30 V. c. 48, s. 70. TITLE II.— QUALIFICATION, DISQUALIFICATION, AND EXEMPTIONS. Div. I. — Qualification. Div. II. — Disqualification. Div. III. — Exemptions. Div. I. — Qualification. In each Municipality. Sec. 70. 20 Chap. 174. MUNICIPAL MATTKRS. [TiTLK XII CjiinliKmtion of iittiuei'H, &c. Nut lire of Exfott' to Ik- iHiHspused. Scf. 71. Wfifiv no Axut'KKriU'uf Hull. Sec. 72. Whct'c ool// one (ia(il[ti*'il iief.sitn. Si'c 73. 70. Tlit'pcrson.s (|ualitii!(l to l)o olcctfd Mayors, Alduriiion Roevi'M, Dtsputv Rfovcs, and ( 'ouneilloi's of any Municipality shall he such persons as reside within the Munici])ality, or witliin two miles thereof, and are natural-horn or natural- ized suhjects of Her Majesty, and males of the full age of twenty -f)ne years, and are not distpialifieil under this Act, and liave, at the time of tlie election, in their own riglit, or in the right of their wives, as proprietors or tenants, a legal or equitable freehold or leasehold, or partly freehold and partly leasehold, or partly legal anil partly ecpiitahle, rated in their own names on the last revised assessment I'oU of the Munici- pality to at least the value following : In incorporat- (1) In incorporated Villages — Freehold to six hundred dol- ed villages, Yai-ii^ or leasehold to twelve hundred dollars; In towns ; (2) In Town —Freehold to eight hundred dollars, or lea.se- hold to sixteen h indred dollars ; In cities ; (3) In Cities — Freehold to one thousand five hundred dollars or leasehold to three thousand dollars ; In townships ; (4) In Townships — Freehold to four hundred dollars, or lease- hold to eight hundred dollars ; Property of And SO in the same propoi'tions in all Municipalities, in caae k'^^ds*"' ^^^^ property is partly freehold and partly leasehold. 36 V. c. 48, s. 71. " Leasehold" defined. Nature of estate. 71. The term " Leasehold " in the foregoing section shall not include a term less than a tenancy for a year, or from year to year ; and the qualification of all persons, where a qualification is required under this Act, may be of an estate either legal or equitable, or may be composed partly of each. 36 V. c. 48, 8. 72. In new town- 73. In Case of a new Township erected by proclamation, for ship not hav- ^vhich there has been no assessment roll, every person who, at roll. the time of the first election, has such an interest in real pro- perty, and to such an amount as hereinbefore mentioned, shall be deemed to be pos.sessed of a sufficient property qualification. 36 V. c. 48, s. 73. E If only one person be qualified. 73. In case in a Municipality there are not at least two per- sons qualified to be ele^t^d for each seat in the Council, no qualification beyond Jn- ■ qualification of an elector shall be necessary in the persons to be elected. 36 V. c. 48, s. 74. [Title XII yors, Aldui'iiion ly Muiiieipality ^lunic'i])ality, or orn or natural- the full age of under this Act, wn rigiit, or in ants, a legal or lold and partly , rated in their of the Munici- X hundred dol- ioUars, or lease- hundred dollars dollars, or lease- ipalities, in caae lehold. 36 V. c. section shall not or from year to e a qualification ! either legal or ch. 36 V. c. 48, •roclamation, for person who, at rest in real pro- mentioned, shall 'ty qualification. at least two per- the Council, no elector shall be 3. 48, s. 74. Title XII.] mi'NIch'AL institutions. ('hap. 174. 27 Division II.— DisgrAi.iFic'ATioN. Prrnotix li'imiiiid'ijivi^ Src 74. T-l No Jnd of any Court of civil jurisdiction, no Oaolt-r Pe„onsratioiiH and lessees for 21 years from corporation. Division III.— Exemptions. Offi^ciais and Persons exempted. Sec. 75. 7S. All persons over sixty years of age, all Members and Exemptions, officers of the Legislative Assembly of Ontario, and of the Senate or House of Commons of Canada, all pei-sons in the civil ser- vice of the Crown, all Judges not disqualified by the last .^re- ceding section,' all Coroners, all pei-sons in Priests' orders, Clergy- men and Ministers of the Gospel of every denomination, all members of the Law Society of Ontario, whether Barristers or Students, all Attorneys and Solicitoi-s in actual practice, all officers of Courts of Justice, all members of the medical pro- fession, whether Physicians or Surgeons, all Professors, Masters, Teachers and other members of any University, College, or School in Ontario, and all officers and servants thereof, all Millers, and all Firemen belonging to an authorized Fire Com- pany—are exempt from being elected or appointed members of a Municipal Coimcil, or to any other municipal office. 36 V. c. 48, s. 76.. See also as to Firemen, Rev. Stat. c. 178, ss. 2-4. 28 Chap. 174. MITNKMPAL MATFERS. [TiTLK XII. PART III. OF MUNWIPL KLi:VTlONS. TiiLK I.— Klkcioks. TlTl.K II.— KF.KC'TIONS. Cjuttlification ■if electors. TITLK 1.— ELPXTORS. Division I.— QuALitMi:ATioN. Freehold, Household, Incoiiw, or Fanners' Son. Sec. 7C Amount of ratlwj reqamte. Sec. 77. Persons in default for non-payment oj taxes Sec. 7». Voter must he named on list of elector.'^. Sec. 7.3. Where vo A.'y tlie AsMt^ss()rs of the assess- ment roll on which the voters' list used at the election is hased. 40 V. c. 1>, s. 3. 2 If there are more .sons than one so resident, and if the fann wiien more is not rated anefore the f.nnttienth .lay ot Docen.her next precedinf< any election, shall he entitled to vote in respect of income in any Mtuiicipality o.' ui respect ot real i)r(jperty in Municipalities which have pas.sed by-laws under sections foiu- hundred and sixty-one, subsecti. ii two. .JO \ . c. 48, 8. 77 ; kScc 38 V. c. 28, ». 8 ; and 39 V c. .'), s. 9. Elector u>u8t 79. Except in the ca.se of a new Municipality, for which be named in ^|^^.,.j. j^ „„ assessment roll, no person shall be entitled to vote '°'" ' at anv election, unless he is one of the persons named or pur- No quenion of porting U> be named in the proper list of voter.s ; and no »iue8- quaiiflcation to {;„„ ^f respect of leal I by-laws under i\ two. 3(j V. c. ,9. lality, for which I entitled to vote 4 named or pur- •H ; and no «iue.s- ction, except to rote 18 the same lid list of voters. V. c. 3, s. 1. )ality for which esident male in- bll be entitled to above mention- fficient property ted for such pro- jipal purposes to with additional with additional a new Village is ,ers' lists includ- luch tenitory t«re n or Village, or idge, then all per- in such territory ity, Town or Vil- sn erected into a I formed, shall ^ye TlTi.r, XI 1. 1 MUNICIPAL lJ»sr "lTII>Aa» Chap. 174. entitled to vote in the City, Towii t Village i -ueh election. 38 V.c.3,s. I (J. H!t. In ease both the owner and oeeupant of ariv r- ' j.it»- *'•}•' perty are rated severally but not ji>iiitly therefor, lioih 4\ U- ^y^J., ^ deemed rated within this Act. 3(i V. c. +S, s. .Si, «•««<* I, huth rati lit r no- H8. Where any real property is owned oi' oeeupied jointly iiy \V1i,l two or moi-e peisons, and is rated at an amount sutticit-nt, if "A\\l![nt, ra'teil ouch day the chan^'e .shall not ;;i) into cHeet; hut the nomination of candiilates and the election of .such orticers as are unoppo.-x'd, may, and shall he procet'deil with at the same time and in the same manner as if such change had j,'one into eH'ect on the last Monday of the month of Decem- her precedin},' such tirst election, or on such other day as the nominations may lawfully he held upon. 30 V. c. 4«, s. 86 ; 40 V. c. «, s. -to." NT. The ( !ouncil of every City, Town and Village Munici- pality (including a Villagv newly erected into a Town, and a Town newly erecteil inte a City), shall from time to time, by by-law, appoint the place or places for holding the next ensuing municipal election, otherwi.se the election shall lie held at" the place or places at which the last election for the Municipality or Wards or polling subdivisions was held. lUi V. c. 48, s. 87. * First ebction HH. When in any year a Junior Township of a Union has in junior town- y,^^. ),undied resident freeholders and householders on the then Station. last revised assessment roll, the Council of the County shall, by a by-law to be passed before the thirty -tii'st day of October, in the .same year, tix the place for holding the tirst annual elec- tion of (Jouncilloi-s in the Town,ship, and appoint a Returning Otticer for holding the same, and otherwise provide for the due holding of the election according to law. 36 V. c. 48, s. 88. ExiMtint' wiir.l §9. In case of the separation of a Union of Townships, the uiiuluown- existing division into Wards, if any, .shall cea.se, a.s if the same MpTto^Zme had been duly al>olished by by-law, and the elections of Coun- on (liBHolution ^,^[1^^^ ^]^g\\ be by general vote, until the Township or Town- of union. ^^.^^ ^^^ dividt'd into polling subdivisions or Wards under the provisions of this Act. 36 V. c. 48, s. 89. . Election of 00. The election in Townships and incorporated Villages of townshiit' and Reeves, Deputy-Reeves and Councillors, shall be by general vote, inuor|Hiriite(l villaKen to be by general vote. except in the case of Deputy Reeves and Councillors in Town- ships divided into Wards, and .shall be held at the place or places where the last meeting of the Council was held, or in such other place or places as may be from time to time fixed by by-law. 36 V. c. 48, s. 90. J. [TlTLK XIT. iwnshii* or Union r Township from I locality into an ft Villiijjtj into a •Utioniil tract of Pown or City, or wn or City, tli>; iw J>y which the first Monday m from the ilftti' of by-law hy which MV^v shall not ;fo ami the election lall he procet:"iUHl as it' such change month ot" Deccni- other (lay as the Q V. c. 4«, s. 86 ; Village Munici- to a Town, and a time to time, l>y lolding the next election shall he b election for the was held. :W V. p of a Union has )lders on the then J County shall, by t day of October, ! first annual elec- )oint a Returning J provide for the 36 V. c. 48, s. 88. of Townships, the ise, as if the same elections of Coun- (wnship or Town- Wards under the orated Villages of be by general vote, imcillors in Town- ;he place or places Id, or in such other xed by by-law. 90 TiTl.K .VII.l ML'NICII'.VI, IXSTiriTm.VS. Chup. 174. :]3 M. In cast' a majority of the (|ualified cli-cfors of a Town- '>'» i'«tlti'>" ship on the last revised assessment roll petition the Council „|'|^'y""|'y|',y. (>f tlieTownship to divide the Township info Wards, or to abolish Uw, .livi'l.' or alter any then existing division into War. Is, tlu- (^Mllu•il '^'^^jj'i';'."''" shall, within one month thereafter, pass a by-law to give efl'ect to such petition ;' and if such petition is for division into Wards, shall divide such Township info VVanls, having regard to the number of electors in each Ward, lieing as nearly eipial as may Ix'. and the number of Wards for municipal purposes shall be four in all cases; and where the Township is divided into Kl«>ti"n "f Wards, anil is entitled to one or more l)»'nuty lleeves, the (!oun- sc.'jn'»uth*''*' cillors shall, at their first meeting, elect from among themselves ewe. such Deputy Reeve or Reeves. :{(i V. c. 48, s. 1)1. 9*i. Kvery election shall be held in the Municipality to which Klettion, the same relates. :i(i V. c. 48, s. !»2. L'lr'"'"' 00. No election of Township Councillois shall be held with- Not to bo heUl in any City,Townor incorporated Village, nor shall any election '" '"V"""."*^- for a Municipality, or any Ward thereof, be held in a tavern or in a house of public entertainment licensed to sell spirituous or fermented liquors. 30 V. c. 48, s. 93. Division II. — Rkturnino Officerh and Deptjtv Returning Okficeiw. Apimntmeiit when election hij polliwj xiihd'ivmo'm. Sec. 94 Wyn not, Who ex otHcio. Sec. 95. Almence,^provlH\nn for. Sec. 00. Authority of. Sec>'.\)7,\)H. Special Coiwtahlex. Sec. 98. 94. The Council of every Municipality in which the election By-law for an is to be made by Wards or polling subdivisions, shall, from ^ *"'"'"• time to time, by by-law appoint: — {a) The places for holding the nouiination4 for each Ward.s ; {h) The Returning Ofhcer.s who shall respectively hold the nominations for each Ward ; . , (c) The places at which polls will be opened in the Munici- pality in case a poll is required ; {(l) The Deputy Returning Officers who shall preside at the respective polling places. 36 V. c. 48, s. 94 ; 37 V. c. 16, s. 4. 3 •'a«*Jffi^fc*iWeP5lf3[B5>'B/i5stI«2l".Ts»i»i»S^SSWSS^-;S 84 Chap. 174. MUNICIPAL MATTERS. [Title XII. Hetumint,' of- ficer for elec- tions not by wards or |M)lling sub- divisions. 2. The Clerk of tlie Municipality shall he the Ret\irning Officer for the whole Miuncipality, and in the case of a poll hein-r required, the Deputy Returning Officers shall maketohun the returns for their respective Wards or polling subdivisions, 6Vc40V. c. 12 s. 13. 95. In the case of a Municipality in which the election is not to be by Wards or polling subdivisions, the Clerk shall be the Returning Officer to hold the nojuination of camlidates at all elections after the tirst, and shall also perform all the duties hereinafter assigned to Deputy Returning Officers. 36 V. c. 48, s. 95 ; See 40 V. c. 12, s. 13. ing officer provided for. The absence of 96. In case, at the time appointed for holding a ncnnina- tl^ returning tion or poll, the person appointed to be Returning Officer or deputy return- Deputy Returning Officer has died, or does not attend to hold '•"" ■'"'""'■ the nomination or poll within an hour after the tune ap- pointed, or in case no Returning Officer or Deputy Returning has been appointed, the electors present at the place for hold- ing the nomination or poll may choose from amongst them- selves a Returning Officer or Deputy Returning Officer, and such Returning Officer or Deputy Returning Officer shall have all the powers, and shall forthwith proceed to hold the nomina- tion or poll, and perform all the other duties of a Returning Officer or Deputy Returning officer. 30 V. c. 48, s. 90. Returnineoffi- 97. Eveiy Returning Officer and Deputy Returning Officer cersandde- ^]^^]i Juj-ing the days of the election, or of the voting ot SC\™^ electors upon a by-law, act as a conservator of the peace conservators f^jj. ^\^q (jity or County in which the election or voting is of the peace . their powers. held ; and he, or anv Justice of the Peace having jurisdiction in the Municipality in which the election or voting i« held, may cause to be arrested, and may summarily try and punish by fine or imprisonment, or both, or may i«nprison or bind over to keep the peace, or for trial, any riotous or dis- orderly person, who assaults, beats, molests or threatens any voter coming to, or remaining at, or going from the election or voting ; and, when thereto required, all constables and persons present at the election or voting, shall assist the Returain(r Officer, or Deputy Returning Officer, or Justice of the Peace. 30 V. c. 48, s. 97. Special con- 98. Every Returning Officer, or Deputy Returaing Officer, Htibles may be gr Justice of the Peace may appoint and swear in any number '"""'" '" of .special constables to assist in the preservation of the peace and of order at an election or at the voting of electors uj)on a by-law ; and any person liable to serve as constable, and re- quired to be sworn in as a special constable by a Returning Officer or Deputy Returning Officer, or Justice, shall, if he re- fuses to be sworn in or to serve, be liable to a penalty of twenty dollars, to be recovered to the use of any one who will .sue therefor. 36 V. c. 48. .s. 98. Hwom in. [TiTLK XII. the Returning ! case of a poll lall make to him ng subdivisions, \\ the election is a Clerk shall be ;)f camlidates at wrform all the na Officers, 36 kling a ncjniina- irning Officer or t attend to hold er the time ap- jputy Returning ? place for liold- amongst them- ling Officer, and )fticer shall have lold the nomina- of a Returning 48, s. 90. leturning Officer if the voting of )r of the peace ion or voting is ving jurisdiction V voting i" held, marily try and uay imprison or f riotous or dus- jr threatens any n the election or ,bles and persons )t the Retui"nin(r ice of the Peace. ietuming Officer, ir in any number ion of the peace f electors U[)on a constable, and i-e- ! by a Returning ;e, shall, if he re- penalty of twenty one who will sue Title XII. ] municipal institutions. Division III. — Oaths. Chap. 174. 35 In case of freeholders. Sec. 99. In cia^e of Item seh older or tenant. Sec. 100, In ca-oe of a pernon votiiuj on income. Sec. 101. In caw of (I permn voting as a farmer s »oii. Sec. 102. Adminiftterinij. Sec. 103. •9, The only oaths or affirmations to l»e reciuired of any person claiming to vote in respect of a freehold, shall be as fol- lows, or to the like effect :— You swear (or solemnly affirm) that you are the person named, or pur- porting to be named, in the list {w supplementary list) of voters now shown to you {showing the Hit to the voter) ; That you are a freeholder in your own right {or right of your wife, as the case tnay require) ; That you are a natural born (or naturalized) subject of Her Majesty, and of tlie full age of twenty-one years ; {In the case of Municipalities iwt divided into Wards.) That you have not voted before at this election, either at this or any other polling place. {hi the case of Municipalities divided into Wards.) Tliat you have not vo*ed before at this election, either at this or any other polling place in this Ward and {if the elector is tetuiering his vote for Mai/or, Beeve or Dep- uty Reeve) that you have not voted before or elsewhere' in this Municipal- ity at this election for Mayor,(Reeve or Deputy Reeve as the case nmy 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 have 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 promised anything to any person either to induce him to vote or refrain from voting at this election : So help you God. {In the case of a neio Municipality in which there has not been any aatesstmnt roll, then instead of referring to the list of voters, the person offering to vote may be required to state in the oath the property in respect of which he claims to vote.) . 36 V. c. 48, s. 99 ; 40 V. c. 8, s. 50. t)aths, etc., that may be jHtt ti> person claiming to vote a.s a freeholder. In new Muui- cipality where no aaseosment roll. lOO. The oath or affirmation to be required of any person Oath of claiming to vote as householder or tenant, shall be as follows '><"J««'>°^/le» or to the like effect :— ' "^ *""^'"^ You swear {or solemnly affirm) that you are the person named or pur- porting to be named on the list {or supplementary list) of voters now shown to you {showing the list to the voter) ; That on the day of 18 {the day certified by the (Merk of the Municipality as the date of the return, or nftlie final revLion and correction, of the assessment roll upon which the voters' list vsed at the election is based) you were actually, truly, and in good faith, possessed to your own use and benefit, as tenant or occupant, of the real estate in respect of which your name is entered on the said list ; That you are {or your wife is) a householder or tenant within this Municipality ; That you have been resident within this Municipality for one montk next b«fore this election ; ,, «aESB*sii«Se!ft^»:*js»ss»4asM!»«6»»i«sS^ 86 Chap. 174. MUNICIPAL MATTERS. [Title XII. That you are a natural-bom (oc naturalized) aubject of Her Majesty and of the full age of twenty-one years ; „, . v mi. . i, (In tlie case of Municipalities not divided into Wards.) That you hare not voted before at this election, either at this or any other polhng place ; (lu the citse of Municipalities divided into Wards.) That you have not Toted befm^&>-'r-.i ,'-». ."-tsit.gaa 38 Chap. 174. MUNICIPAL MATTP:RS. [Title XIT. WIkiI to ho t'urniMltctI '<) Dcpufy Jidiwuin;/ ({(ficerx. >^ecn. 120, 122, 12'). 127, 12.S, i:}2. Phiainh to bv piistnl. Sn\ 123. " Voters and DrfanltevB Lists. Sees. 124-1.'M). Ccitificati's asio thr Asfiesfo.iicnt Roll. Sec. 131. Where Eledorx to vote. iiWs. 133-137. Ahimal m.»pt- I04. A inot'tiiij;' of tlu' clcctois shall take place for the no- ni'aiun of'"'' >"in»ition of candidati's for the office of Mayor in Cities, an(J for iimyor, ret'Vf, Mayor, Rci'Ve anil Deputy Reeves in Towns, at the hall of the deputj reeve, Municipality, on the last Monday in the month f)f December, annually, at ten of the clock in the forenoon, ami the Deputy Reeves shall he (lesignatetl as first, second, third, k.c., according to the number to be elected. 36 V. c. 4S, s. 102. The Clerk U> preside. Chairman. Nniiiiiiiitinn meetiDgx in cities, towus, etc. tOS. The Clerk of tiie Municipality shall be the Returning Orticer to preside at such meeting, or in case of his alwence, the ( 'ouncil shall appoint a person to preside in his place ; and if the Clerk or the person so appointed does not attend, the elec- tors present shall choose a chairman or person t(j officiate from among themselves, and such Clerk or chairman shall have all the powers of a Returning Officer. 30 V. c. 48, s. 103. 106. A meeting of the electors shall take place for the nom- inati(m of cane fixed by the nomination elected for each 1 the Township • V. c. 16, s. 3. happens to be nr the offices of Reeve, Deputy shall take place ices and in the , made on or be- hat the day for ity Reeves, and inn lini; in C;..uncillors in To\vnships situate in remote parts of the County ;'jin;}|| shall be upon the la.st Monday but one in Defcmber, l»ut all re,„„tetown the other provisicms of law relating to municipal elections shall M»- apply to the elections in such Townships. 2. Forthwith, after the passing of ""eh bv-law, the ^ Junty C.n.y of by;^^ Clerk shall transmit a copy thereof to the I lerks ot the lown- t„t„wnshii)H ships to which the same relates. 40 V. c. 8, s. 4.8. affected. no. The Returning Officer appointed for each Ward, as in ,^;^^ri;""*' the ninety-fourth section menti<.ni'r«par«a- dates for Aldermen and Councillors re.spectively ; but 2. In Cities one kind or set of ballot papers shall be pre- In cities. pared for all the Wards or polling subdivisions, containing the names of the candidates for Mayor, and another kind or set shall be prepared for each Ward or polling subdivision containing the names of the candidates for Aldermen in the Ward ; and 3. In Towns one kind or set of ballot papers shall be pre- In towns. parpd for all the Wards or polling subdivisions, containing the names of the candidates for Mayor and Reeve and Deputy Reeve, and another kind or set shall be prepared for each Ward or polling subdivision, containing the names of the candidates for Councillors in the Ward ; and 4 In Townships divided into Wards, one kind or set of Township. ■•>-«-i«W?»«iTfc?l«eS*BSSilie»t*»«»«A»3«B«S!5iW> warclw. Chap. 174. Ml'NICIPAI, M.VTTERS. [TiTLK XII. Iiallot i)ap('iH shall he nifpaifil foi' all the Wards, containins; thf names of thr caniliilatcs for Ufcvc. ami another kind or s«'t shall lie piepareil for each Wanl, eontaiiiiny; the names of the oamliilates fov Councillors in the Ward. 'M V. c. 5, s. 1. Fiirni i>f l)al- lot |iai>i'rH. 119. The hallnt papers shall he in the form of Scljedule A to this Act. :V.) V. c. >, f 'Icrk t<> fiir- ninb ilcinity rftiiniiii^' iffioers with ballot papers, etc. PnUinff PlaCCM. 1^0. In cas»> of Municipalities which an' divided into Wards or polline' suhdivisions, the Clerk of the Mui\icipality shall, Iwfore the opening,' of the poll, deliver or cause to he delivertMl to every Deputy iletuinin^' ( Uticer tlu; hallot papers vyhich have heen prepared foi- use in the Ward oi- polling' subdivision for which such Deputv Roturninj; Officer has heen appointed to act, and shall also furnish to the Deputy Retmninf,' Officer or see that he is furnished with tlie necessary niateiials for voters to mark the hallot papers ; and such materials shall he kept at the polling place l)y the Deputy Returning (Officer for the con- venient use of voters. 3.S V'. c. 2M, s. 5. votes. Oon.part.ne»tH l«l. Every polling place shall he furnished with a corn- wherein voters partnu'nt in which the voters can mark their votes screened may n.ark |;.^j^^ observation ; ami it .shall he the duty of the Clerk of the Municipalitv and Deputy Returning Officers respectively, to see that a proper compartment for that pui-pose is provided at each polling place. 38 V. c. 28 s. 4. Directionw to Voters. Clerk to fur- nish deputy] returning officer with directions for voters' guid- ance. laa. In ca.se of Municipalities divided u.to Wards or polling subdivisions, the Clerk of the Municipality shall, before the open- ing of the poll, deliver or cause to be delivered toeveiy Deputy Returning Officer such a number of printed directions, for the guidance of voters in voting, as he nmy deem sufficient, and shall so deliver or cause to be so delivered at least ten copies of such printed directions ; such directions .shall be printed in con- spicuous characters, and may be according to the form in Schedule B to this Act. 38 V. c. 28, s. G. Deputy re- I^S. Every Deputy Returning Officer shall l^efore the open- tuminfe'officers j^i, ^f t^g poll, or immediately after he has received such dirtes. ''*' pnnted directions from the Clerk of the Municipality, if he did not receive the .same before the opening of the poll, cause such printed directions to be placarded outside the polling place for which he is appointed to act, and also in every compartment of the polling place, and shall see that they remain so p^^''^ i-a until the clo.se of the polling. 38 V. c. 28, s. 7. [TiTLK XII. ranis, containinc; other kind or >»'i 10 naiut's of the '. c. .'), H. 1. 1 of Scheduir A vided into Wards iiiiieipality shall, .' to 1h! dclivorod lapers which have If subdivision for M'n appointcfl to nning Otticcr or itt'iials foi- voUsrs 1 shall 1h! kept at fticer for the oon- ed with a coni- r votes screened the ( 'lerk of the s respectively, to ise is provided at Wards or polling 1, before the open- l to eveiy Deputy irections, for the im sufficient, and least ten copies of be printed in con- to the form in 1 before the open- is received such cipality, if he did e poll, cause such polling place for r compartment of ain so p'"^ .^-.l Title XII] mitnioipal iNSTiTrrioNs. Chap. 174. 43 1^. Subject to the provisions of the tlin-i' next scctiniis. tlio l'rop.-r voters' })ri>|ier list of voters to be nsoil nt iin election shall W the Hrst „',''„n"ei„*c"ion. nnt\ the tl^'^'jJl^.^'^Jjy Mtmicipality shall provitle each Deputy Keturninjf Officer with a poll book, preparetl according to the form of Schedule 0. to this Act iiLStead of a V(»ters' list, and eithei- the Deputy Returning Officer or his sworn Poll Clerk shall therein enter, in the proper coluiiui, the names of each person (tffi'ring to vote, and at the reipiest of any candidate or voter, shall note the pro]»erty on which the person claims to vote opjiosite his name. '*>Vt' 30 V. c. 4S, s. 7!» ; 'M V. c. 28, s. H ; tivd 30 V. e. 5, s. !». l!26. Where any territory is added for nuinicipal purposes, Voter's li«t« U) any City, Town, or Village, or where a Town^with a'l;l'- i^lct?;;,';^'*'' tional territory is erected into a City, oi- a V'illage with additional territory is erected into a Town, or where a new Village is formed, and an election takes place before votei-s' list*< including the nanu-s of the pei-s. ^aWKsa?»^6WsaK.«g»c«»'i«w-»awiMtafeia(aii»»iMteiKga» WM!s iM M i« ' 44 Chap. 174. MITNH1PAI, MATTERS. [Tm.E XII PerwniH in (irrt'arH for taxfH Hhall Ik> excliiiltxl fniiii Utt. or |»ollin^' sulMlivisitm, a list in the t'<»nn of ScIumIuU' (' to this Act, coiitainii)^ the imiiu-H, anan;;i'cl aliilialiiitically, of all male fM'iHoiiN apiM-arin^ l»y the tlu-n last revised assessiiient roll U) »e fiititle(l to vote ill that Wan! or polling,' suhdivision, aiwl sliftll attest the said list l»> liis Holeiim declaration in writin«[ under his hand; 2. In the case of (ti.) Income voteix, antl (h) Persons assessed for real pro])erty, if the Municipality has passed a hy-law under sul (-.section two of .section four hundred and sixty-one of this Act, the (/'lerk .shall exclude from such li.st .such persons a-s may l>« returned to him liy the Trea.sur«'r as heiny in default for not liav- ing paid their municipal taxes respectively rn or hefoie the four- teenth day of Di'cemlter i)receding tlie election ; and every list of votei-s s(t prepared shall he the proper voters' list to he naed at the election. 38 V. c. 2S, s. S ; 39 V. c. 5, ,s. (1) & s. 1». Dijlivory oi 1^. I nthecase of Municipalities which arc divided into Wards """to*"'") or polling sub-divi.sion.s, the Clerk of the Municipality shall, be- and defiiulter»' fore the j)oll is opened, deliver to the Deputy Returning Officer ''•t_'Oj^deputy foi- each Ward or polling sub-division, a copy, according to the form of Schedule G to this Act, certified to be correct, of the I)ro)>er list of voters for the Ward or polling sub-division under the one hundred and twenty-fourth and following sections ; and also a copy of the prop*?!" defaulters' list for the polling sub-divi- sion, certified by the Treasu er or Collector pursuant to section one hundred and fifteen of this Act. 40 V. c. 12, s. 9. See 39 V. c. 5, .s. 5 (2). Copies may be l^t9. The copies of the votcrs' lists in the last section men- obtained from tioned, may be prepared by the Clerk of the Municipalit}', or Clerk of Peace. ^ ^^^ procured from the Ch^rk of the Peace, if filed under "The Voffff*' lAsts Act" and in the latter case the Clerk of the Pea(ie shall be entitled to receive the sum of six cents for every ten voters whose names are on the list. 40 V. c. 12, s. 10. Defaulters' li:».,^*;T<« h'fault for not hav- or liofoio the four- ion ; and c'vory list ■a'Vh' list to he usecl i, s. (5 (1) & s. 1». divided into Wards nioipnlity shall, be- ' Returning Officer y, according to the be correct, of the sub-division under wing sections ; and le polling sub-divi- jursuant to section c. 12, s. 9. »SVc39 e last section men- le Municipality, or ace, if filed under se the Clerk of the six cents for every V. c. 12, s. 10. d verified by the be the evidence on i in ascertaining the claiming to vote in operty, in the cases fteen of thi,« Act. Roll. - l)efore the opening d to every Deputy Bitnnung OfHcer a ccrtiticato (which may in- in the form ofiurnsmifli SchcHlule D to this Ac-t), of (I) the day when the assessment ]',\',',^Z^^^ roll upon which the voters' list to be used at the «'lec'tion is t»ii. \)(iHOi\, was returned by the Asse.ssor, and also (2) of the day when the said as.sessment roll was finally revised uud corit>cted. 2. The Clerk shall also give such certificate upon payment *■«•• o^'the sum of twenty-five cents, to any person applying for the same, under a penalty of two hundred dollars in cn.se of neglect CH" refusal. 3. Such certificate, when delivered to the Deputy Returning CMficer, shall be the evidence upon whic;h he shall act in insert- ing in the oath to be administered to voters the date of the return or final revision and correction of the assessment roll as the case may be. 4. An }i.sses.smont roll .shall be understood to Ihj finally re- TobeeviiUice vi.seil and corrected when it has been so revised and corrected ['^^'""j^^,*^'*""' by the Couit of Revision for the Municipality, or l)y the Judge of the County Court in case of an appeal, as provided by " Trie Rev. Htat. u. Assessment Act," or when the time during which such apjHjal l*^- may Imj made has elapsed, and not before. 40 V. c. 12, s. 12. 139. In ca.se of Municipalities which are not divided into MunicijmUt Waids or polling subdivisions, the (.'lerk shall perform the j^l^'wanln . |)itlitieH "^.- w. w s — " ' ■'. - > perform the I'-'t";;';;';!?,'^,,,. duties which in other ca.ses are performed by Deputy Returning ix.lling Hub- Orticers, and shall provide himsi^lf with the nece.s.sary ballot ;>^~;:;^X. papers, and also with the materials for marking ballot papers, tie* nf deimty printed directions before mentioned, copies of the voters' list and [.^*""'""'^' ' defaulters' list, and certificateof thedatesof the returnand final re- vision of the assessment roll, similar to those recpiired to be fur- nished to Deputy Returning Officers; and theClerk shall perform the like duties with respect to the whole Municipality as are im- posed upon a Deputy Returning Officer in respect of a Ward ov polling subdivisicin. 38 V. c. 28, s. !> ; 40 V. c. 12, s. 14 (2). Wh&i'e Electors 'o vote. 133. In Towns and Cities, every elector may vote in each When Blectori» Ward in. which he has been rated for the neces.saiy pi'O- jl.'^^^aml'" perty (jualification, but in case of Mayor of Cities, Mayor, Reeve cities. or Deputy Reeve of Towns, the elector is limited to one vote. 36 V. c. 48, s. 80. 134. In Townships and incorporated Villages divided into When electms Wards or polling subdivisions, no elector shall vote in more than "ownlhiiw' an.l one Ward or polling subdivision for the same candidate. 36 villager. V. c. 48, S.81. JS>tfJ*Wt^gM6iMfiai«S^fllM a«»i i(6'a*tfai^ . ■«iik't*>«^:iv**J.V^ii:v.^fci'>->3**<-'^"S^i*^'*^^»*»*=='^ 40 Chap. 1 74. MUNK'II'AI. MAITKUS. [TlTLK XII. ISId Kvci'V clirtor who is mtithil to a votr in inon- than " '" ^.,''!v' "^ """' ^^'i''"l '"' I«'lli"},' Hill rlivisiuii shall vote for Mavor in ('itit-M, 1.1 .l.imty and fur Mavcw, llrcvf ami l)<'|iuty Kicve in Towns, and for Ki'cvc in Townshijis dividi-d into NV'nids.at tin- polling' plan' of thr Wardor pollin;,' suhdivision in which In- is resident, if (piali- lifd to votf thtrt'in ; or otherwise where he tirst votes, and there oidv. .S!» V. f. .'». s. ;{. mi- t'l Villi' fur mil ill! Il'fVl' Pennlty fur vntillK twici' for iiiityor, rei'Vf iir c| •• |)Utv reevo. I!I0 Any person wlio votus for Mayi)r, Reeve, or in Towns or Townships for I)ej)nty Ileeve, after having' alreaiiy votod for Mayor, Ileeve or l)epiity Keeve at some otiier polling place at that election, shall incnr a penalty of tifty dollars, to he re- covered, with fnll costs of suit, hy any person who will sue for the same l>y acti<»n of ileht in the Division Court having' juris- diction where the oti'ence was connnitted ; and any persoji ai,'ainst whom jndj^nient is remlereil shall he ineligihle either as a candidate tir elector at the next annual elections. 89 V. c. ■'), s. 4. Depiuv IJiy. The Clerk of the Municij)ality, <>n th(M'e(iuc.st of any offi"""'«mi elector entitled to vote at one of the poUinj,' places, who has ft},'«-ntMnmv lieen appointed Deputy Returninj^ Otticer or Poll Clerk, or who pl'ii^e'wlier!''"^ '"i^ *'<'•'» H'""' <1 "-^ »" aj^cnt of a candidate to attend at any they »re em- pollinj^ place other than tlie one wliero lie is entitled to vote, t'loyeJ-l ^iinii ,^•^y^, l^f s,„ph elector a certificate that he Ih entitled to vote at the polling place where he is to he stationed during the polling day ; anil such certificate shall also state the property or other y voters. 39 V. c. 5, s. 10. Division V. — The Poll. Ballot box to he exhibited. Sec. 138. ...^~i [TiTLK XIl. itf ill iiion- tlian I- Mayor in Citit-M, Tuwiis, uikI fur I' jiolliu^' placi' of n'sidt'iit, it" i|uali- • first vott'H, ami levo, or in Towns 1)^ alrcaily vottnl itlicr pollinj^ place • lollars, to he ro- I wlio will sue for turt having' jiiris- aml any person (• ini'lijjitilc citlu'r oloctions. 89 V. h(' r«!(ni(fHt of any ( places, who has l*oll Clerk, or wlio -o attend at any t entitled to vote, he is entitled to stationed during itate the property entitled to vote. h Deputy Return- ihe right to vote during the poli- ce he would other- 'eputy Returning s'list; but no such te at such polling such Deputy Re- le day of polling ; cillors in Munici- Ward where he ting at the polling 1 Clerk appointtsd of the Poll Clerk dminister to such id by law to be Tm.K XIl] Ml NHII'AI. INHTiriTluNfS. ChHl». 174. 47 Sn: 148. Hinr r,>l,s U> In' inriml. Sirs. MV.K 140. flnir Inillof /nif»r In l»' nidrkiil. .S'cc 141. Ku.rhisioii fnnii Imllnlitiif iinnpiirhnrut. Sir. 142. liiillitl nil /ins not In hr tidiii iiirnif. Sir. I 4H. I'nxiiili ii;ls In iiiiU ;i tn iHiirk hnllol. Su\ 144. Jialliit l>ii/n'r indilirrtt'ntlfi s^tnilt'il. Sir. 14'). Whii imni III' (»rsrnt in iiollnii/ jilnir. Sn'. 14(1. ('oiiul'inil Ihi' i'i)tes—()lijirt\iins~ Sliiliniint. Sn\ 147 Who inoi/ he ui'i'Hent ol the vourit'niij uf llir ralrs. CfViifiCiitrs of stuff oj Poll to Iw i/iirn. Sir. I 4!>. piiiiitsl,,ln'')niiili' n/nin>lritnrni'il — Biillot I'ofiirAci'oanl — Krtnrns, etv. Sir. \r>i). ('tc)'hto cast nprotis. Sir: l')!. Anil null/ roll' in rasi' of tie. Src. 152. Provision in nisr n/' riot, rfc. Sues. \')'\, l')4. Ihrlnrnlion hi/ Chrk. Sir. l.')5. Outlis o/oj^ir to he taken. .SVc. loO. 13H. The Deputy HetMrning OHicer shall, immediately before i)„p„ty re tlie commencement of the poll, show the ballot box to such per- *;;'^'^|',;j' i',;^™*" .sons as are pre.sent in the polling place, .so that they may see emiity, Icik that it is empty, and he sliall then lock the bo.\ and place his and hVuI u. seal upon it in' such manner as to pievent its being opened withovit breaking the stsal ; and he .shall then place the 1)0X in his view for the receipt of ballot papers, and shall keep it so locked and sealed. :W V. c. 28, s. 10. 139. Where any person claiming to be entitled to vote pre- Conduct i)f itr,'-'> =jf.^:r-^-V^c:.- ;a>Wa-^.-^'^''SP^?^ -^ T-.'^ ATT.' •'■S^- 48 Chap. 174. MUNICIPAL MATTERS. [Title XII ilefuKaltotake the oath. worils " Ohjeded to" stating at the same time by which candi- date or on behalf oi which can- '•^r^-- ■' Bi™.-:f^e»*ww»J B-T, ,,.-..j«sm9RJSt'!*W**=rr«**«.>»i»'»^' [Title XII. by which candi- ijection has been ' the name only required to take e tlie same, the >e to be entered er coliuun of the " or " Rcjused to of i'vwh person eputy Returning 1 the .same to be of two hundred erson so claiming the manner pre- dgn his name or ich person, [id upon request Poll Clerk, ex- } mode of voting. I place, or cause ers' list, headed ') , " Alderman',' mark opposite paper, to denote or Mayor, Reeve, be. 39 V. c. 5, irning Officer the son receiving the nent provided for lis ballot paper in ned in Schedule B md side, opposite 3 to vote, thus X ; i, so as to conceal upon the face of Is of the Deputy snt, shall, without le or so displaying •son the names of Title XIJ.] municipal institutions. Chap. 174. 4» the candidates for or against whom be has marked his vote, de- liver such ballot paper so folded to the Deputy Returning Offi- cer, who shall, without unfolding the same, or in any way dis- closing the names of the candidates, or the marks made by such elector, verify his own initials, and at once deposit the .same in the ballot box in the presence of all persons entitled to be present and then present in the polling place ; and the voter shall forthwith leave the polling place. 38 V. c. 28, 8. 12. I4SI. While any voter is in any balloting compartment for Exclusion the purpose of making his ballot paper, no other person shall ^^™p]rtnl*^?f be allowed to enter the compartment, or to be in any position from which he can observe Jthe mode in which the voter marks his ballot paper. 38 V. c. 28, s. 13. 143. No person who has received a ballot paper from the Voter not to D^uty Returning Officer shall take the same out of the poll- j^^^uP^p*"" ing place ; and any pferson having so received a ballot paper, place. who leaves the polling place without first delivering the same to the Deputy Returning Officer in the manner prescribed, shall thereby forfeit his right to vote ; and the Deputy Returning Officer shall make an entry in the voters' list, in the column for remarks, to the efiect that such pei-son received a ballot paper, but took the same out of the polling place, or returned the same, declining to vote, as the case may be ; and in the latter case the Deputy Returning Officer shall immediately wiite the word ''Declined upon such balloc paper,and shall preserve the same ; and in case the Clerk of the Municipality is not himself per- forming the duties of Deputy Returning Officer, the Deputy Retumuig Officer shall return said ballot paper to the Clerk of the Municipality, as hereinafter directed. 38 V. c. 28, s. 14. 144. In case of an application by any person claiming to be Proceedings in entitled to vote, who is incapacitated by bUndness or other ewe ^fw^^ physical cause from marking his ballot paper, or in case of any paper, person claiming to be entitled to vote who makes a declara- tion that he is unable to read, the proceedings shall be as follows : — 1. The Deputy Returning Officer shall, in the presence of the agents of the candidates, cause the vote of such person to be marked on a ballot paper in manner directed by such person, and shall place the ballot paper in the ballot box. 2. The Deputy Returning Officer shall state or cause to be stated in the voters' list, by an entry opposite the nam A such person in the proper column of the said voters' list, Kiiat the vote of such person is marked in pursuance of this section, and the reason why it is so marked. ■qwftbfla wi fc mu— Ki wg; ,i}i»e'iihv»mi»)'Mfi^;iXi.-^'tis«.-t*Vih'^'^i *^..fi'--w»~ 60 Chap. 174. MUNICIPAL MATTERS. [Title XII. ProceetlingK ir cane ballot paper caiuint tie UKt'd. Who may be present at pollinjr i>lace. i' Countini,' tht Totes. Rejected ba)-l lots. 3. The (leclaiationof inability to read, or of incapacity to mark aballotpaper.maybeintlieformofScheduleEtothisAct.andshall be made by the person claiming to be entitled to vote, at the time of the polling.bef ore the Deputy ReturningOfficer, who shall attest the .sameas nearlyas maybe according to theform given in Sched- ule F to this Act, and the said declaration shall be given to the Deputy Retuining Officer at the time of voting. 38 V.c.28,8.15. 14«S. A person claiming to be entitler >r breach th • ji, r, in the opinion ing the polling this Act. 38 V. in every polling the presence of dates or of their it box, and pro- any ballot paper 8 of the Deputy given than the bing, except the icer on the back, e identified, shall / ballot paper on f candidates for )r, shall be void mt shall be good Title XII.] MUNICIPAL INSTITUTIONS. Chap. 174. 51 as regards the votes for any other offices in resjtect to which the voter has not voted for more candidates than he is entitled to vote for. 38 V. c. 28, s. 18 (1) ; 40 V. c. 7, Sclied. A. (169). , 2. The Deputy Returning Officer shall take a note of any Deputy re objection made by any candidate, his agent, or any elector t"™»ns "Wicer *',.,,,*' -^ , , 1 11 i ° <• 1 • ii t" note ol)jeo- authorized to be present, to any ballot paper tound m the tions taken to ballot box, and shall decide any riuestion arising out of the ''?""* papers v_i* ni\ \T - 11 at the counting objection. 39 V. C. O, .S. 11. the same. 3. Each objection shall be numbered, and a corresponding And number number placed on the back of the ballot paper, and initialed by ^^^ the Deputy Returning Officer. 39 V. c. 5, s. 11 (2). 4. The Deputy Returning Officer shall endorse " Rejected " on EmlorginK any ballot paper which he rejects as invalid, and shall endorse '*"''"* '"*'*'^' " Rejection objected to," if any objection is made to his de- cision. 38 V. c. 28, s. 18 (2). 5. The Deputy Returning Officer shall^ then count up the Statement, votes given for each candidate upon the ballot papers not rejected, and make up a written statement, in words as well as > in figures, of the number of votes given for each candidate, and of the number of ballot papers rejected and not counted by him, which shall be made under the several head.s — (a) Name or number of Ward or polling subdivision and of the Municipality and the date of election ; (b) Number of votes for each candidate ; (c) Rejected ballot papers. 38 V. c. 28, s. 18 (3) ; 39 V. c. 5, s. 14. 6. Upon the completion of such written statement, it shall To be signed, be forthwith signed by the Deputy Returning Officer, the Poll Clerk, if any, and such of the candidates or their agents as may be present, and desire to sign such statement. 38 V. c. 28, sl8(4). 148. No more than two agents for any candidate shall be en- Agents en- titled to be present at the same time at the counting of the JlSfl,)*' ** vote«. 38 V. c. 28, s. 18 (5). ^ ^^ *' 149, Every Deputy Returning Officer, upon being requested Deputy re- so to do, shall deliver to the persons authorized to attend at his to'glvf certifi^ polling place, a certificate of the number of votes given at that cate of state of polling place for each candidate, and of the number of rejected ^^^' ballot papers. 39 V c. 5, s. 15. tSSO. Every Deputy Returning Officer shall, at the close of the Deputy re- poll, certify under his signature on the voters' list in full words ^™dutiM' iM»«NH .Mwj*wtwat jMMiti j ^jSmuj Bi iff i i'im i tiwwuH ♦•KJKBWW***^:^ ^^ f 62 Chap. 174. MUNICIPAL MATTERS. [Title XII. I? after votes are the total number of pei-sons who have voted at the polling counted. ^^^^.^ g^j. ^hich he has been appointed to preside, and at the completion of the counting of votes after the close of the poll, Hhall, in the presence of the agents of the candidates, make up into separate packets, sealed with his own seal, and the seals of such agents of the candidate as desire to fix theii' seals, and marked upon the outside with a short statement of the contents of such packet, the date of the day of the election the name of the Deputy Returning Officer, and of the Wurd or polling subdivision and Municipality, ((t) The statement of votes given for each candidate and of the rejected ballot papers ; (h) The used ballot papers which have not been objected to and have been countetl ; • (c) The ballot papers which have been objected to, but which have been counted by the Deputy Returning Officer ; (d) The rejected ballot papers ; ' (e) The spoiled ballot papers ; (/) The unused ballot papera ; (g) The voters' list, with the oath in the form of Schedule G. annexed thereto; a statement of the number of votei-s whose votes are marked by the Deputy Return- ing Officer under the heads, " Physical incapacity," and " Unable to read," with the declarations of inability ; and the notes taken of objections made to ballot papem found in the ballot-box. 2. Before placing the voters' list in its proper packet, the Deputy Retxxming Officer shall make and subscribe before the Clerk of the Municipality, a Justice of the Peace or the Poll Clerk, his declaration under oath that the voters' list was used in the manner prescribed by law, and that the entries required by law to t)e made therein were correctly made ; which declaration shall - be in the form of Schedule (i to this Act, and shall there- after be annexed to the voters' list. Certain pack- ets to be de- livered to the clerk of muni- oipality. 3. If the Clerk of the Municipality is not himself perform- ing the duties of Deputy Returning Officer, the Deputy Re- turning Officer shall forthwith deliver such packets personally to the Clerk of the Municipality ; and if he is unable to do so, owing to illness or other cause, he shall deliver such packets to « person chosen by him for the pui-pose of delivering the same to the Clerk ; and shall mention on the outside of the cover of each of the packets the name of the person to whom the same had been so delivered, and shall take a proper receipt therefor ; he shall also forthwith return the ballot box to the Clerk erf the Municipality. K-,»r«rw.m*'«J?»»B!W«s»S«<«M--«»»*Bia»8SStMJES«e«««»i^^ [Title XII. t the polling B, and at the le of the poll, iidates, make seal, and the ! to fix their statement of f the election of the Wurd [lidate and of jn objected to ected to, but ity Returning 11 of Schedule le number of eputy Return- capacity," and i of inability ; 3 ballot papers er packet, the ribe- before the the Poll Clerk, '^as used in the equired by law ;claration shall id shall there- nself perform- le Deputy Re- lets personally inable to do so, luch packets to 3ring t'he same of the cover of ^hom the same Bceipt therefor ; [le Clerk erf the Title XII.] MUNICIPAL INSTITUTIONS. Chap. 174. 53 4. T-he packets shall he accompanied by a statement made ^^**jf^*'{* *" by the Deputy Returning Officer, showing the number of Vjallot j*p"ty papei-s entrusted to him, and accounting for them imder the returning heads of (1) Counted ; (2) Rejected ; (3) Unused ; (4) Spoiled ; ?,7^Tf balloi (.5) Ballot Papers given to voters who afterwards retui-ned the papers, &c. same, declining to vote ; and (6) Ballot PaiJers taken from the polling place ; which statement shall give the number of papers under each head, and is in this Act referred to as the " Ballot Paper Account." o. If the Deputy Returning Officer and one or more of the ^^ ^i^Pj'^*®^?^^ candidates or of the agents' of the candidates present at the ^„^^ j^"*^ examination and counting of the ballot papers are unable to nettled, agree as to the written statement to be made by the Deputy Returning Officer, the packages of ballot papei-s shall be broken open by the Clerk of the Municipality, in the presence of the Deputy Retuming Officer and such of the candidates or of their agents as may be present on the day succeeding the polling day, at an hour and place to be appointed, and of which they have been notified by the Deputy Retuming Officer, unless the distance necessary to be travelled is such that the appointed place cannot be reached on the day following the poll, in which case a reasonable time shall be allowed, and no more, for the pui-pose of coming before the Clerk of the Municipality ; and the Clerk of the Municipality, after examining the ballot pa- pei-s, shall finally determine the matter in dispute, and sign the written statement hereinbefore mentioned ; and the Clerk of the Municipality shall forthwith, in the pre.sence of the Deputy Retuming Officer and such of the candidates or of their agents as may then be present, securely seal up the ballot papers which have been examined by him into their several packages as be- fore. 38 V. c. 28, ss. 19, 20 ; 39 V. c. 5, ss. 12, 13. 131 The Clerk of the Municipality, after he has received the oierk to caat ballot papers and statements before mentioned of the number S^cUre Xis of votes given in each polling place, shall, without opening any elected, etc. of the sealed packets of ballot papers, cast up the number of votes for each candidate from such statements ; and shall at the Town Hall, or, if there is no Town Hall, at some other public place, at noon on the day following the return of such ballot papers and statements, publicly declare to be elected the candi- date or candidates having the highest number of votes, and " shall also put up in some conspicuous place a statement under his hand showing the number of votes for each candidate. 38 V. c. 28, s. 21. 153. In case it appears, upon the casting up of the votes as in certain aforesaid, that two or more candidates have an equal number of ^Xve a c«it. votes, the Clerk of the Municipality or other person appointed ing vote. by by-law to discharge his duties of Clerk in his absence or in- capacity through illness, and whether otherwise qualified or not, shall, at the time he declares the result of the poll, give a 64 Chap. 174. MUNU'IPAK MATTEKS. [Title XII. vote for one or more of such candidatcH, ho as to decide the election. I 2. Except in isuch ca,se, no Clerk of the Municipality shall vote at any municipal election held in his Municipality. 3. All Deputy Returning OtHcers and pensons employed as Deputy Returning Officers and Poll Clerks, if otherwise quali- fied, .shall he entitled to vote. 3S V. c. 28, s. 22. Election not 1»53. In case, by rea-son of riot or other emergency, an elec- iiXrTui)teil'i')*v ^^^^ ^'"^ "**^ commenced on the proper day, or is interrupted after riot, etc.,t«i)c being commence ffigg r *gWfcS >^a«:g^^;^^':^'^g3ii^^^BgBr i7SeM^»Slt^!^*W«**=r*^?*'««^** ff3aii*«S??^;*'RRM!, [Title XII. » to (It'ci^lo the licipality shall lipality. s employed as hcnvise t^uali- ^ency, an elec- teiTupted after hereof, the Re- the case may lowing day at tinue the same il the poll has free access to I order that all opportunity to ihe end of the )r should have hours, the Re- the case may hall return his ay to the head ire not having place, and the le his warrant '4. 1 of such Wards md statements Lve been so re- ing any of the aid statements or any office in Lously declared^ ents previously candidate, and, 11, or if thei'e is ly declare to be largest number [lake the neoee- 1 assume office Title XII.] municipal instituiions. Chap. 174. 55 Division VI.— Miscellaneous Provisions. Okrk to reUilu Bdllot Papern. Sec l.>7. Imju'ciion of Ballot Papvr^. iSw. l.')«. Evidence. Sec. Io9. Ofe.iiceH. Sees. IGO, 101. Secrecy of Proceedings. /Scc«. 102-164. Oamiiddtes rruiy do Agents' duty. Sees. 105, 16(5. Computation of tifne. Sec. \{i7. Teclinic(d objections not to prevail. Sec. UiS. Expenses of Returning Oncers, etc. Sec. 1<)9. 157. The Clerk of the Municipality shall retain for one ^^heu ballot month all ballot papers received by him or forwarded to him in IJ^'^fJ^'troyed. pursuance of this Act by Deputy Returning Officers, and then, unless otherwise directed by an order of a Court or Judge of competent jurisdiction, shall cause them to be destroyed in the presence of two witnesses, whose declaration that they have witnessed the destruction of such papers shall be taken before the head of the Municipality, and filed amongst the records of the Mun cipality by the said Clerk. 3« V. c. 28, s. 27. 158 No person shall bealloweil to in.Hpect any ballot papers When ballot in the custody of the Clerk of the Municipality except under \^^^^ "^ the order of a Court or Judge of competent jurisdiction, to be gi-anted by the Court or Judge on being satisfied bv evidence on oath that the inspection or production of such ballot papers is required for the purpose of maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a petition questioning an election or retum; and any such order for the inspection or production of ballot papers shall be obeyed by the Clerk of the Municipality. 2. Such order may be made subject to such conditions as to persons, time, place, and mode of opening or inspection as the Court or Judge making the order thinks expedient. .S3 V. c. 28, s. 28. 139 Where a i-ule or order is made for the production by the Evidence m to Clerk of the Municipality, of any document in his posse.ssion anap^™. relating to any specified election, the production of the docu- etc., in certain ment by the Clerk, in such manner as may be directed by the «'»*'«*' rule or order, shall be conclusive evidence that the document relates to the specified election ; and any endoisement appearing on any packet of ballot papers produced by the Clerk, shall be evidence of such papers being what they are stated to be by the endorsement. 38 V. c. 28, s. 29. 160. No person shall — » (a) Without due authority supply any ballot paper to any person; or ♦ Offences. 06 Chap. 174. MUNICIPAL MATTERS. [Title XII (b) Fmudulently put into any ballot Imjx any paper other than the Imllot paper, which he in authorized by law to put in ; or (f) Fraudulently take out of the polling place any ballot pa- per; or (d) Without due authority destroy, take, open, or otherwise interfere with any ballot box or packet of ballot papers then in ase for the purpo.sew of tlie election. 2. No person shall attempt to commit any otFence specBied in this section. Penalty by 3. Any penson guilty of any violation of this section shall imprisonmeDt. y^ Hf^Ud, if he Is the Clerk of the Municipality, to imprison- ment for any teim not exceeding two yeai-s, with or without hard lal>our ; and if he is any other person, to imprisonment for any term not exceeding six months, with or without hard labour. 38 V. c. 28, s. 30 ; 39 V. c 1, s. 4. )rpeiia on«no ty fur offenoes. 161. Every officer and clerk who is guilty of any wilful misfeasance, or any wilful act or omission in contravention of the one hundred and fifteenth to the one hundred and sixtieth sections, inclusive, of this Act, shall, in addition to any other penalty or liability to which he may be subject, forfeit to any ' pei-son aggrieved by such misfeasance, act or omission, a penal sum of four hundred doUai-s. 38 V. c. 28, s. 31. BiAintaining lOSI. Every officer, clerk and agent in attendance at a poll- ^ecyof pro- j^^g pjg^gg j^j^j^jj maintain and aid in maintaining the secrecy of the voting at the poUinglplace. 2. No officer, clerk or agent, and no person whosoever, shall interfere with or attempt to interfere with a voter when mark- ing his vote, or otherwise attempt to obtain at the polling place information as to the candidate or candidates for whom any voter at such polling place is about to vote or has voted. 3. No officer, clerk, agent or other pereon .shall communicate at any time to any person any information obtained at a polling place as to the candidate or candidates for whom any voter at such polling place is about to vote or has voted. 4. Every officer, clerk and agent in attendance at the coun>,- ing of the votes, shall maintain and aid in maintaining the secrecy of the voting, and shall not commimicate or attempt to communicate any infonnation obtained at such counting as to the candidate or candidates for whom any vote is given in any particular ballot paper. 5. No person shall, directly, or indirectly, induce any voter to display his ballot pajJer after he has jmarked the same, :-L'iii:?S'?3**'»?»fe^WK9^?i?3«lt»»^':^'i«5i«S.r- s.T*Hja»iais«!«tlgwM nKrsexniassrmtmmmf'': [Title XII. taper other than to put in ; or eany haUot pa,- !n, or otherwise t papers then in tfence specBied is section shall ty, to inipi'ison- -^itii or without xprisonment for out hard labour. ' of any wilful ontravention of •ed and sixtieth )n to any other t, forfeit to any mission, a penal [. dance at a poU- r the secrecy of kvhosoever, shall ter when mark- bhe polling place s for whom any las voted. all communicate ined at a polling )m any voter at ce at the coun^- tnaintaining the te or attempt to counting as to I is given in any nduce any voter brked the same, Title XII.] Ml'NlCll'AL INSTITUTIONS. Chap. 174. 67 so as to make known to any pt'r.s()n thf name of any candi- date or candidates for or against whom he has marked his vote. G. Every l)erson who acts in contravention of this section Penalty fjr shall be liable, im summary conviction l)etore a htii)eiuliai}r jj,ig^e.,tj„u Magistrate, Police Magistrate, or two Justices of the reace, to imprisonment for any term not e.xceeding six months, with w without hard lalxxir. SH V. c. 2«, s. 32. 163. The Clerk of the Municipality, and «!veiy officer, clerk l^,**^';^,;^^'*- oi- agent, authorized to attend a polling place or at the counting necrecy. of the votes, shall, before the opening of the poll, make a statu- tory declaration of secrecy in the presence, if he is the (Jlerk of the Municipality, of a Justice of the Peace, and if he is any other otHcer, oi- clerk, in the presence of a Justice of the Peace Of of the Clerk of the Municipality ; and if he is an agent of a candidate, in the presence of a Justictj of the Peace or of the Clerk of the Municipality, or of the Deputy Returning Otticer at who.se polling place he is appointe«l agent; and such statutory declaration of secrecy shall be in the form mentioned in Schedule H to this Act, or to the like effect. 38 V. c. 2«, s. 33. 40 V. c. 12, s. 19. 164. No pei-son who has voted at an election shall in any ^^J^Uf^^";^ legal proceeding to question the election or return, be recjuired Jfog* hfg vote. to state for whom he has voted. 38 V. c. 28, s. 34. 16«l. A candidate may him,self undertake the duties which ^^|,^*^ any agent of his, if appointed, might have undertaken, or may ^e duties of assist his agent in the performance of .such duties, and may be an agent, present at any place at which his agent may in pursuance of this Act be authorized to attend. 38 V. c. 28, s. 35. 166. When in the sections of this Act numbered from one Exprejwiowi in hundred and fifteen to one hundred and sixty-five inclusive J^'^^g^f^^J^ any expressioas are used, requiringor authorizing any act or thing to be done, or infening that any act or thing is to be done in the presence of the agents of the candidate, such expressions shall be deemed to refer to the presence of .such agents of the candi- dates as are authorized to attend, and as have in fact at- tended, at the time and place where such act or thing is being done ; and the non-attendance of any agents or agent at such Non-a*tend- time and place shall not, if the act or thing is otherwise duly anceof ageou done, invalidate in anywise the act or thing done. 38 V. c. 28, 8. 36. 5 16T. In reckoning time for the purposes of the .said sections, Non-juridica Sunday and any day set apai-t by any Act of lawful authority ***'"' far a public holiday, fast or thank.sgiving, shall be excluded ; and whei*e anything is required by this Act to be done on any day which falls on such days, such things may be done on the - 58 I 'Imp. 17+. MUNiriPAL MATTKRM. [TiTI.K XII. next juridical tlay ; l»iit nothing' in tins section contained shall extend or apply to the days Hxed l»y this Act for the nomina- tion orelection'of eandiilutes for the"ottices(»f Mayor and Alder- men in cities, and Mayoi-, Reeve. Deputy-Ueeves and I'ounciV- lors in other Municipalities. '.\H V. c. 2«, s. HI ; ¥) V. c. 7, Selt<;,l. A (170;. N'.. election t.. I6S. No election shall he declared invalid by reason of a wmS c!.m' non-compliance with tlie rules contained in tliis Act as to the pl'iuiice with taking of the poll or the counting of the votes, or by reason of '."iftncl'^^th"' «•">' niistak'' in the u.se of the forms contained in the Schedules I'lrimipleB ..f to 'this Act, or by i-easonof any irregularity, if it appears to the the Act. tribunal having cognizance of the cpiestion that the election was conducted in accordance with the principles laid down in this Act, and that such non-compliance or mistake or irregu- larity did not affect the result of the election. 38 V. c. 2«. a. 3S;"3{» V. c. 5, .s. 1(5. ExpenneK in- |09. The rea.«onaV)le expenses inctirred by the Clerk of the ourred l>y otfi- »« . • i^i ii iU., „ii.,r u:^,...^. ^n.l nlooL-u for nrinfiriir nnr- cer*^ t<) ))e r» fUIlllHll. Municipality and by the othe'r officers and clerks for printing, por- viding ballo"t boxes, ballot papers, materials for marking ballot papers, polling compartments, transmis.Hion of the packets re- quired to be tran.sinitted by this Act, and reasonable fees and allowances for services rendered under this Act, shall be paid to the Clerk of the Municipality by the Treasurer of the Munici- pality, and sliall be distributed by the Clerk of the Municipality to the several persons entitled thereto. 38 V. c. 28, s. 39. 8eat» to lie- come vacant by crime, in- solvency, ab- sence, etc. Division VII.— Vacancies in Council. By Insolvency, etc. Sec. 170. By Quo Warranto proceedlwjH. Sec. 171. By Remjyiation. Seen. 172, 173. Hotv filled. Sees. 174-178. Seat )ieUl for residue of term. Sec. 175. Not to prevent organization of Council. Sec. 170. In certain cases Council to fill. Sec. 178. 170. If, after the election of any pei-son as member of a Council, he is convicted of felony or infamous crime, or becomes insolvent within the meaning of the Insolvent Acts, or applies for relief as an indigent debtor, or remains in close custody, or assigns his property for the use of his creditors, or absents him- self from the meetings of the Council for three months without being authorized so to do by a resolution of the Council entered in its minutes, his seat in the Council shall thereby become vacant, and the Council shall declare the seat vacant and order a new election. 36 V. c. 48, s. 123. r.l'*"-'*t«i'r ,-isi!SHa«*«»l!S5SaS»BraS3««SK.- • [TlTI.K XII. TiTLK XII.] MUNICIPAL INSTITITIONS, Chai.. 174. 59 ri t'nntaiiH'd shall , fi»r the noiiiina- yiayoraiul Alder- ves and iJouncil- . :)7 ; W V. c. 7. il by reaHon of a hi.H Act a.s to the 'H, or l»y ivaHoii of 1 in thi/ Schedules it appears to the that the election k's laid down in liatake or irregu- n. 38 V. c. 28, .s. the Clerk of the s for printing, por- 3r marking ballot f the packet.s re- asona)ile fees and ;t, shall be paid to er of the Munici- P the Municipality . c. 28, s. 39. )UNCIL. Sec. 17C. I as member of a i crime, or becomes nt Acts, or applies n close custody, or rs, or absents him- ee months without he Council entered ,11 thereby become b vacant and order 171. In the event of any nicmlwr of any Municipal Coiincil V"" wwn/^f. forfcitinj,' hi.M .seat at th^ ('ouncil or his ri^^lit thereto, or of his !',V,HU,,K"tf cil. 3(i V. c. 48, s. 124. uo\incil. 173. The Warden of a County may resign' his office by ver- itiwipation uf bal intimation to the Council while in session, or by letter to ^.""[*'.' ,'""" the County Clerk if not in sessicm, in which cases, and in case ^" " of vacancy by death or otherwise, the Clerk .shall notify all Vacancien, the members of the Council, and .shall, if recpiired by a li"w filled, majority of the members of the (J(jimty (Council, call a special meeting to till such vacancy. 3U V. c. 48, s. 130. 1 74. In case no return is made for one or more VV^ards or New olectioiH polling suV)divisions, in consequence of non-election, owing to ^'"a^lxle'.'.f mterrupti(jn by riot or other cause, or in case a person elected onduoting to a Council neglects or refuses to accept office, oi- to make the "*"*• neces.sary declarations of office within the time re(piire(l, or in case a vacancy occurs in the Council caused Ijy resignation, death, judicial decision or otherwise, the head of the Council for the time being, or in case of his absence, or oi his office be- ing vacant, the Clerk, or in case of the like absence or vacancy in the office of the Clerk, one of the members of the CouncU, shall forthwith, by wairant under the signature of such head, Clerk or member, if procurable, require the Returning Officers and Deputy Returning Officers appointed to hold the last election for the Municipality, Ward and polling subdivision respectively, or any other persons duly appointed to those offices, to hold a new election to till the place of the pei-son * neglecting or refusing as aforesaid, or to fill the vacancy. 36 V. c. 4S, 8. 125. 17«S. The pei-son thereupon elected shall hold his seat for the Term of office residue of the term for which his predecessor was elected, or for <>fp«™on '*«'■« which the office is to be filled. 36 V. c. 48, s. 126. "^" *** 1 76. In case such non-election, neglect or refusal as afore- Warrant for said, occurs previous to the organization of the Council for the "**' election, year, the warrant for the new election shall be issued by the head or a member of the Council for the previous year, or by ,«CT»t«* nii mi m i i^ M ' * »i»* Ml t- liJlL ii i> l* ti * W'Wi. 1 1 no Cliap. 174. MfNICIPAL MATTKIW. [TiTKE XII. Hutnonele..- thu Clrik, in like niHiinfr an piovi.ltil \,y thf onu huniln'*»!iit of tlic full iuuiiln'r of thf (Jouncil. «« V! c. 48, h. 127. no,,, ITT. Th»' Returning,' OHIc-i-n ami Deputy Rcturniiij,' OtHcors 'uo.r '^^'^" '"•'•' ^'"' '"'^ «l»'ction at fuitlu'^t within ci^ht days afU'i "'"' rt'ci'ivin;,' tht; warrant, and thti Clerk shall aj>j)oint a time aivl place for the nomination of candiilates, and in case a poll if* demanded, shall, at least four days In-fore such polling,', jMWt up a pulilie notice thereof under his han)er of members, tl»L- new members of the Council, if they efpml or exceed the imlf of the Council when ctmiplete, or a majority of such new mendters, or if a half of such tiiend)ers are not elected, then the mend)ers for the precedinjj; year, or a nmiority of them, — shall appoint a-s many qualified persons as will constitute or com- plete the niunber of meniber.s refjuisite ; and the persons so ap- pointed shall accept office and make the necessary decla-rations, under the same penalty, in case of refusal or neglect, as if elect- ed. 36 V. c. 48, 8. 129. Division VIII— Controverted Elections. How validity or Hyht of election deiermined. Sees. 179 — 189. Writ for removal, <&c. Sec. 190. If entire election invalid. Sec. 191. Diwlaimer. Seen. 192-197. ' OostH. Sec. 197, 198. Decittion of Judge final. Sec 199. Judges may settle forms and pr-actice. Sec. 200. Trial of oon- 179. In case the right of any Municipality to a Reeve or '**'*^tto*'"™' Deputy Reeve or Reeves, or in case the validity of the eiection 3ect or appointment of Mayor, Warden or Reeve, or Deputy Reeve, Alderman, or Councillor is contested, the same may be tried in Term or Vacation by a Judge of either of the Superior Courts of Common Law, or the Senior or officiating Judge of the County Court of the County in which the election or appointment took place ; and when the right of a Municipalitv to a Reeve iii j i u-juii^ayw: : ji2.a^^J-v./jJ;;jJ '.' -J -.■^SB'J^ewr-TSEBadSi'.-'- [Titi.kXII. 1)1' (iiiu )ninilr«>oiiit a tiin»> aivi [111 in cast- a poll in If such pollin)^, jxwt xl in at li-ast four of ty, Wanl or polling ion, the I'loctors from ulrud and fifty -third iL'j^lcct or decline U> icipality on the day '!• of members, the .Mpial or exceed the a majority of such I are not elected, then jonty of them, — shaU II constitute or com- id the persons so ap- ecessary declarations, Dr neglect, as if elect- Tm.K XII] Mt'NiriPAI, INSTITUTIONH. Chap. 174. 61 Elections. mined. Sees. 179 — Sec. 200. pality to a Reeve or ilidity of the election ve, or Deputy Reeve, same may be tried in he Superior Courts of Judge of the County tion or appointment icipalitv to a Reeve le or l)ei)iity Reeve or ReoyeH is the matter conttwted, any muni oipal elector in the County may be the relator, and when th( contest is respecting the validit;y of any such .deetion as afore- sni«l, any oandiilate at the eleetK.n, or any elector who gave or tendered his vote thereat, or if resnecting the vali.lity of any such appointment, any member of the < "ouneil or any electin- of the Ward, or, if there 'is n(» Ward, of the Muniei^alitv for which the appointment was made, may be the relator tor the purpose. .% V. c. 48, H. 131. ISO. If within six weeks after the election, or one month nmeforUmit. after acceptance of office by th(( person elected, the relator ;',yy'||;;,,''|7^,''„, sh(»ws by alKdavitto any such Judge, reasimablegrouiifls for sup- r.Muir.-i. posing that the election was not legal, or was not conducted according to law, or that the person declartMl elected thereat was not duly electetl, and if the relator entei-s into a recogni- zanct! before the Judge ov l»efore a (Jommissioner for taking attidavits, in the sum of two hundred dollars, with two sureties to be allowed as sufficient by the Judge upon affidavit of jus- tification) in the sum of (me hundred dollars each, condi- tioned to prosecute the writ with effect, or to pay the party against whom the same is brought any costs which may be ad- judged to him against the relator, the Judge shall direct a writ WriUnnature of summons in the nature (^f a quo ivarmvto to be issued to tiy ^J^g the matters contested. 30 V. c. 48, s. 13--^. 181 The Jud«'e of the Superior Court before whom the Evidence to be writ of summons is returnable, may order the evidence to be ^«^ «" ;«^^ used on the hearing of the summons to be taken viva voce be- may be taken fore the Judge of the County Court, in the presence of counsel ^^^^Zt ^ for or after notice to, all parties interested, and .such J udge judge, etc. shall return the evidence to the Clerk of the Crown of the Court at Toronto, and every party shall be entitled to a coppr thereof. 36 V. c. 48, .s. 133. 18a In case the relator alleges that he him.self or some when the re- other person has been duly elected, the writ shall be to try the |,''^-~*« validity, both of the election complained of, and the al- leged election of the relator or other person. 36 V. c. 48, s. 134. 183. In case the grounds of objection apply equally to two ^en several or more persons elected, the relator may proceed byonewntgt'Xf again.stsuch pei-sons. ^'^ v „ a« a las 36 V. c. 48, s. 135. 184. Where more wiits than one are brought to tiy the All to l^^faied validity of an dection, or the right to a Reeve or Deputy Reeve . '^^^ or Reeves as aforesaid, all such writs shall be made returnable before the Judge who is to try the first, and such Judge may -?'-1E^S^Bi5«W*SWr-« [Title Xll. of the Process of erk of the Crown lace, and shall be the proper Court ' Court at a place service computed, later day named unless the party personal service, d thereof, by affi- ich substitutional made returnable, 3r the issue of a lings to make the J Officer a party iturned may allow le and defend, and and any interven- ie any other party sr, upon statement ind determine the i or Deputy Reeve smer v, oils, coUec- ds oi the election iuto the facts on r by issues framed b of trial directed or more of these irever, to the pro- ; V. c. 48, s. 141. adjudged invalid, pei-son found not in case the Judge elected, the Judge such other person lines that no other [•son removed, the n to be held. 36 rs of a Council is , and for the elec- the admission of bion to fill up the Title XII.] municipal institutions. Chap. 174. 63 remaining seats in the Council, shall be directed to the Sheritt" of the County in which the election took place ; and the Sheritt" shall have all the powers for causing the election to be held which a Municipal Council has in order to supply vacancies therein. 30 V. c. 48, s. 143. 199. Any pei-son whose election is complained of may, un- Defendimt le.ss such election is complained of on the ground of corrupt ™^y|;['^;', ';';,"; practices on the part of such person, within one week after tain ca,-e>. service on him of the writ, transmit post paid, through the post office, directed to "The Clerk of the Judge's Chambers, at Mo'i.e^f it- Osgoode Hall, Toronto," or to " The Judge of the County Court '''^' '"'=• of the County of " ('x.s the aise vuiy be), or may cause to be delivered to such Clerk or Judge a disclaimer signed by him, to the effect following : "I, A. B., upon whom a writ of summons, in the nature of a qno Furm. warranto, has been served for ihe purpose of contesting my riffht to the office of Township Councillor {or aa the case niay be) for thf- "ownship of , in the County of {or »« the case may be), do hereby disclaim the said office, andiall defence of any right I may have to the same. "Dated 36 V. c. 48, s. 144. day of (Signed) "A. b:' 103. Such disclaimer, or the envelope containing the same, Postint; and shall moreover be endorsed on the outside thereof _ with the Ji^s^f*[,^,^'J word " Disclaimer," and be registei-ed at the post office where mailed. 36 V. c. 48, s. 145 194. Where there has been a contested election, the person Person elected elected may at any time after the election, and before his elec- "t^ny tiiue" tion is complained of, deliver to the Clerk of the Municipality before his a disclaimer signed by him as follows :— compUin^of. " I, A. B., do hereby disclaim all right to the office of Township Coun- Ponn. cillor {or as the case may be) for the Township of {or m the case may be), and all defence of any right I may have to the same." 36 V. c. 48, s. 146. 19«l. Such disclaimer .shall relieve the party making it from Disclaimer t<. all liability to costs, and where a disclaimer has been made in Xi^tfon. accordance with the preceding sections, it .shall operate as a Who to be resignation, and the candidate having the next highest num- ^{^^l ber of votes shall then become the Councillor, or other officer, as the case may be. 36 V. c. 48, s. 147. 196 Every person d'3claiming shall deliver a duplicate Duplicate di^- of his di.sclairaer to the Clerk of the Council, and the Clerk shall t^^.^efuo" forthwith communicate the same to the Council. 36 V. c. 48, clerk. s. 148. 64 Chap. 174. MUNICIPAL MATTERS. [Title XII. ('oBtsofperBon 197. No costs shall be awarded against any person duly diBclaiimng. cHsclaiining, unless the Judge is satisfied that such party consented to his nomination as a candidate, or accepted the office, in which case the costs shall be in the discretion of the Judge. 3C V. c. 48, s. 149. ( 'outs (jenerally. J \itlge to return his judgment c the court. It Hhallbe tiual. Mode of enforcing obedience. The judges to make rules, &c. I»8. In all cases not otherwise provided for, costs shall be in the discretion of the Judge. 3G V. c. 48, s. 150. I9». The decision of the Judge shall be final, and he shall, immediately after his judgment, return the writ and judgment, with all things had before him touching the same, into the Court from which the writ issued, there to remain of record as a judgment of the said Court ; and he shall, as occasion re- ([uircs enforce such judgment by a writ in the nature of a writ of peremptory manikimuft, and by writs of execution for the costs awarded. 3G V. c. 48, s. 131. aOO. The Judges of the Superior Courts of Common Law, of a majority of them, may, by i-ules made in Term time, settle the forms of the writs of summons, certiormi, mandamwt and execution under this Act, and may regulate the practice res- pecting the suing out, service and execution of such writs, and the punishment for disobeying the same, or any other writ or order of the Court or Judge, and respecting the practice gener- ally, in hearing and determining the validity of such elections or appointments, and respecting the costs thereon ; and may from time to time rescind, alter, or add to such rules ; but aU existing rules shall remain in force until rescinded or altered as aforesaid. 36 V. c. 48, s. 152. n i ■' DivisioN IX.— Prevention of Corrupt Practices. Bribery and undue influence defined. Sees. 201, 202. Certain payments lawful. Sec. 203. Evidence to he viva voce. Sec. 204. Effect of conviction of candidate for bribery. Sec. 205. Additional penalty. Sec. 206. ^•. How penalties recoverable. Sec. 207. Report and record of convictions. Sees. 208, 209. * Witnesses, how p^^ocured — Self -crimination not to excuse from giving evidence. Sees. 210, 211. Proceedings, within what time to be taken. Sec. 212. Case in ivhich penalties not recoverable. Sec. 213. Publication of the laxv against cm-nipt practices. Sec. 214. ■ > '' Certain 901. The following persons shall be deemed guilty of bribery, S ergons to be ^^^ g^all be punished accordingly : — ^ eemed guilty *^ of bribery. . - «^»»«|IKJWI^»S^SB£SWS*»'M"^'S»^sWP'^••ns^B^3^>aia^SW* mj.'iMuiliitMiJ-MCijfjn'BHtfSri^S^-r- [Title XII. any person duly ihat such party or accepted the discretion of the or, costs shall be 150. nal, and he shall, rit and judgment, le same, into the main of record as , as occasion re- ! nature of a writ ;xecution for the t Common Law, of m time, settle the mandamwt and the practice res- of such writs, and any other writ or he practice gener- of such elections hereon ; and may ich rules ; but all jcinded or altered T Practices. ics. 201, 202. -y. Sec. 205. :08, 209. !ion not to excuse I. i. Sec. 212. Sec. 213. radices. Sec. 214. '■ > =■ d guilty of bribery. Title XII.] municipal institutions. Chap. 174. 95 1. Every person who, directly or indirectly, by himself, or Giving numey by any other person In his behalf, gives, lends or agrees to '*' ^°^'"' "■ give or lend, or offers or promises any money or valuable con- poKjuriug sideration, or gives or procui-es, or agi'ees to give or procure, office, Ac. , for or offers or promises, any office, place or employment to or ^" *'^" for any voter, or to or for any person on behalf of any voter, or to or for any person in order to induce any voter to vote or refrain from voting at a municipal election, or upon a by-law for rai-sing any money or creating a debt upon a Municipality or part of a Municipality for any purpose whatever, or who corruptly does any su».'h act as aforesaid, on account of such voter having voted or i efrained from voting at any such elec- tion, or upon any such by-law ; 2. Every person who, directly or indirectly, by himself or Or for peisonu by any other pei-son in his behalf, makes any gift, loan, offer, 'JJ,^"™''"'"'* promise or agreement a.s aforesaid, to or for any person, in order to induce such person to procure, or endeavour to pro- cure, the return of any person to serve in any Municipal Coun- cil, or to procure the passing of any such by-law as aforesaid, or the vote of any voter at any municipal election, or for any such by-law ; , . 3. Every person who, by reason of any such gift, loan, offer, Comiptly promise, procurement or agreement, procures or engages, pro- "1,^"^ "'""' mises or endeavours to procure the return of any person in any municipal election, or to procure the passing of any such by-law as aforesaid, or the vote of any voter at any municipal election, or for any such by-law ; 4. Every person who advances or pays, or causes to be Advanciny. paid, any money to or to the use of any other person with the bHbery,'''tc.'^'* intent that such money, or any part thereof, shall be expended in bribery at any municipal election, or at any voting upon a by-law as aforesaid, or who knowingly pays, or causes to be ^said, any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election, or at the voting upon any such by-law ; 5. Every voter who, before or during any municipal elec- Voter lecei' • tion, or the voting on any such by-law, directly or indirectly j"8 "]""^y' by himself or any other person in his behalf, receives, agrees or or agreeing ' contracts for any money, gift, loan, or valuable consideration, [°'°^°^ office, place or employment, for himself or any other person, for ' voting or agreeing to vote, or refraining or agreeing to refrain from voting at any such election, or upon any such by-law ; 6. Every person who, after any such election, or x,. . vot- Receiving ing upon any such by-law, directly or indirectly, by him- "fter^thf '^ ' self or any other person on his behalf, receives any money or election for valuable consideration on account of any person having voted ^{^^^ "j^g"" or refrained from voting, or having induced any other person to vote'. 6 1 66 Hiring teainn, Chap. 174. MUNICIPAL MATTERS. [Title XII. Penons uHing violence or in- timidation to be guilty of undue influ- ence. Expenses of candidates. Evidence of corrupt prac- tices on application in nature of quo warranto. Penalty on candidates fnilty of ribery, etc. Additional penalties. to vote or refrain from voting at any such election, or upon any such by-law ; 7 Every person who hires any honses, teams, carriages or other vehicles for the purpose of conveying electors to and from the polls, and eveiy person who receives pay for the use of any horse, teams, carriages, or other vehicles, for the purpose of conveying electoi-s to and from any polls as aioresaul. Jb > . c. 48, 8. 153. 303 Every person who, directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts, or threatens the infliction, by himself or by or through any other person, of any injury, damage or loss, or m any manner practises intimidation upon or against any person, m order to induce or compel such pemon to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, or who in any way prevents or otherwise interferes with the free exercise of the franchise of any voter, shall be deemed to be guilty of undue influence, and be subject to the penalty hereinafter mentioned. 36 V. c. 48, s. 154. 303 The actual personal expenses of any candidate, his ex- penses for actual professional services performed, and hoimjide payments for the fair cost of printing and advertising, shall be held to be the expenses lawfully incurred, and the payment thereof shall not be a contravention of this A.ct. 36 V. c. 48, s. 155. 304 Where, in an application in the nature of a quo war- ranto any question is raised as to whether the candidate or any voter has been guilty of any violation of section two hundred and one or two hundred and two of this Act, attidavit evidence shall not be used to prove the offence, but it shall be proved by viva voce evidence taken before the Judge ot any County Court, upon a reference to him by the Judge of the Superior Court for that purpose, or upon an appointment granted by him in cases pending in such County Court. 36 V. c. 48, 8. 156. 305 Any candidate elected at any municipal election, who is found guilty by the Judge, upon any trial upon a wnt oiquowarraido, of any act of bribery, or of using undue influence as aforesaid, shaU forfeit his seat, and shall be m- eligible as a candidate at any municipal election for two years thereafter. 36 V. c. 48, s. 157. 306. Any person who is adjudged guilty of any of the offences within the meaning of sections two hundred and one or two hundred and two of this Act, shaU incur a penalty ot twenty dollars, and shall be disqualified from voting at any l'«!riiBSk-f*«t'&^?fS!8Wn^*«gei5-T''!SB8Sig«»saw«w»?Sff*'^^ [Title XII. election, or upon Mns, carriages or ; electors to and !S pay for the use s, for the purpose aforesaid. 36 V. ■ectly, by himself iiakes use of or e or restraint, or ' or by or through , or in any manner jerson, in order to in from voting, or ained from voting nts or otherwise jhise of any voter, ce, and be subject c. 48, s. 154. candidate, his ex- aed, and bona fide Ivertising, shall be and the payment A.ct. 36 V. c. 48, yure of a quo war- r the candidate or )n of section two ■ this Act, affidavit nee, but it shall be the Judge of any f the Judge of the »pointment granted ;ourt. 36 V. c. 48, icipal election, who trial upon a writ jr of using undue &, and shall be in- ction for two years Ity oi any of the ro hundred and one incur a penalty of •om voting at any Title XIL] MUNICIPAL INSTITUTIONS. Chap. 174. 67 municipal election or upon a by-law for the next succeeding two years. 36 V. c. 48, s. 1.59. 307. The penalties imposed by section two hundred and Recovery of six of this Act shall be recoverable, with full costs of suit, by i'*"*'*'*'*'' any pereon who will sue for the same by action of debt in the Division Court having jurisdiction where the otience was com- mitted; and any person against whom judgment is rendered, .shall be ineligible, either as a candidate or municipal voter, un- til the amount which he has been condemmed to pay is fully paid and satisfied. 36 V. c. 48, s. 160. 308. It shall be the duty of the Judge who finds any can- Judge to make diilate guilty of a contravention of section two hundred and •'•'*"">• one or two hundred and two of this Act, or who condemns any person to pay any sum in the Division Court for any ofi'ence within the meaning of this Act, to report the same forthwith to the Cleric of the Municipality wherein the otfence has been committed. 36 V. c. 48. s. 161. 900. The Clerk of every Municipality shall duly enter in a clerk to keep Itook, to be kept for that purpose, the names of all pei-sons ''""•' *'j|j^""S'' within his Municipality who have been adjudged guilty of j^rsons Kiiiity any offence within the meaning of section two hundred and <>f offences, &c. (tue or two hundred and two of this Act, and of which he has been notified by the Judge who tried the case. 36 V. c. 48, s. 162. 310. Any witness shall be bound to attend before the Attendance of Judge of the County Court upon being served with the order ^''tnssse*' of such County Court Judge directing his attendance and upon payment of the necessary fees for such attendance, in the same manner as if he had been directed by a writ of svhpy-Iaw.s for payinj^ the nienjl>erH of the Council for their atteml- ance in (youncil, or any nieinlHjr while attending on coniniitti-f of the Council, at a rate not exceedinjr three dollai-s i>ev dient, and five cents pel' mile necessarily travelled (to and from) for .such attendance. 30 V. c. +S, s. 172 ; 40 V. c. 7, Sched. A (171). ' own Remuneration 994. The Head of the Council of any County, City, of inay^n XXTsV' Council, the Reeve, and in ca,se of the ab.sence or death of both ^„ prgHide. of them, the Deputy Reeve, and in ca.se of the death oralwence of the head of a Village or Township Council, the Deputy Reeve shall preside at the meetings of the Council, and may at any time sununon a special me<'ting thereof; but if there be niore than one Deputy Reeve, the Council shall determine^which of them shall preside at their meeting. 36 V. c. 48, s. 179. 931. In the absence of the heail of the Council, and in the Absence of ervse of a Town, Village or Township, in the absence also of the J^;|(j;*;= y„. Reeve, if there be one, and also of theDeputv Reeve or Deputy Reeves, if there be one or more,by leave of the Cf uncil, or from illness, th« Council may, from among the memb-n-s thereof, appoint a presiding officer, who, during such absence, shall have all the powers of the head of the Council. 36 V. c. 48, s. 180 933. If the person who ought to preside at any meeting CaHualaimeiio does not attend within fifteen minutes after the hour appointed, P'^^'^ded f«r. the members present may appoint a chairman from amon^t themselves, and such chairman shall have the same authority in presiding at the meeting as the .tbsent person would have had if present. 36 V. c. 48, s. 181. 933. The head of the Council, or the presiiling officer or Head to vote. chairman of any meeting of any Council, may vote with the other members on all questions, and any question on which Q"«^^^°nj ^^ there is an equality of votes shall be deemed to be negatived, "^"^f ^qu^ 36 V. C. 48, S. 182. lity of votes. 934. Every Council may adjourn its meetings from time to Adjournment, time. 36 V. c. 48, s. 183. lembers, the con- ry to caiTy any r. de at the meet- a special meet- i a special meet- ' of the members PART V. OFFICERS OF MUNICIPAL CORPORATIONS. ancil fixing the e Council shall ng of the Coun- n or closed as in ition in writing, I. Div. I. — The Head. Div. II.— The Clerk. Div. III. — The Treasurer. Div. IV. — Assessors and Collectors. Div. V. — Auditors and Audit. Div. VI. — Valuators. 72 Chap. 174. MUNICirAI, MATTKRS. [TiTLK XII. PiV. VIl— DlITIKS OK OKKICKUS RKSPKCTINCi OATHS AN1» DfX'I.AHATIONS. Div. VllI,— Salakiks, Tenure ok Office and Security. Who to lie head of council. IhiticK i>f head of rouncil. Division I.— The Head. Who to he. Ser. 2^'y Dutien. Sec. 2m. 33ff. The head of evoty County and Provisional Corporation shall lit! the Warden thereof, and f)f every City and Town the Mayor thereof, and of every Town.ship and incorporated Villagt^ the Reeve thereof. 3() V. c. iH, h. 184. 330. The head of the Council .shall hechief executive officer of the Corporation; and it shall he his duty to Ite vi},'ilant and active at all times in causing the law for the government of the Municipality to be duly executed and put in force ; to inspect the conduct of all subordinate officers in the government there- of, and, as far as may be in his power, to cause all negligence, carelessness and positive violation of duty, to l»e duly prose- cuted and puni.shed, and to conununicate from time to time to the Council all such information, and recommend such nieasures within the powers of the Council as may tend to the improve- ment of the finances, health, security, cleanliness, comfort and ornament of the Municipality. 36 V. c. 48, s. 185. Division TI.— The Clerk. Apjyointmctit and Duties of. Seen. 237, 238. RecordH and paper.^ may he hispected. Sec. 239. Return of statist ia^ to Government. Sees. 240-244. On defaxdt, moneys retained. Sec. 245. The Clerk, and 937. Every Council shall appoint a Clerk ; and the Clerk .shall bin dutiei.. truly recoid in a book, without note or comment, all resolu- tions, decisions and other proceedings of the Council, and, if required by any member present, shall record the name and vote of every member voting on any matter submitted, and shall keep the books, records and accounts of the Council, and shall preserve and file all accounts acted upon by the Council, and also the originals or certified copies of all by-laws, and of all minutes of the proceedings of the Council, all of which he shall so keep in his office, or in the place appointed by by-law of the Council. 36 V. c. 48, s. 186. Provision for 938. The Council mav by resolution provide that, in case absence, Ac, ^}^g Clerk is absent, or incapable through illness of perform- ing his duties of Clerk, some other person to be named in such of clerk. SaKss:S?JSl*<«.8a6^SpsS^®3'-*.''SSIi ^. [Tm.K XII. NO Oaths ani> AND Skcurity. )nal C'orpoi-ation y and Town the irporatoil Village executive officer > be vigilant ami overninent of the foice ; to inspect >vomuient there- le all negligence, ) lie duly prose- time to time to nd .such measures to the improvc- less, comfort and 185. ?8. , 239. !4()-244. nd the Clerk .shall ment, all resolu- 3 Council, and, if )rd the name and T submitted, and the Council, and 1 by the Council, 1 by-laws, and of all of which he Dinted by by-law vide that, in case Iness of perform - be named in such Trri.K XII. J MrNlcri'AL INSTITUTIONS. (Jha|). 17+. 78 n',s(.lnti()n, <>i to be appointed under the baud and seal f)f such Clerk, shall act in bis stead, and the per.soii s(iai)])(>inted slnill, while lie ,so acts, have all the powers of the Clerk. .'1(1 V. c. 4S, .s. 187. 4JI9. Any person may inspect any of the particulars afoie- Miiiut.»..'kf.. said as w.'ll as tli<' a.s.ses,s.neiit rolls, voters' lists, poll l>ot)ks, [;; '|';;;;,;r'; ''' and other docmuents in the pos,session of or under the control of tbe Clerk, at all sea.soimble times, and the Clerk .shall, with- in a rea.sonHble time, furni.sh copies thereof to any applicant at ''''W;; ';';'■ the rate ot ten cents per hundred words, or at such lower rates ^.i,,,,.^,,.,. tj,^.,.,. as the Cotmcil apjunnts, and .shall, on payu»cnt of the proper fee f.n-, fir. therefor, furnish within a n-asonable time, to any eU-ctor of the Municipality, or to any otlu-r person interested in anv by-law, order or resolution, or to his attorney, a copy of such by-law, order or resolution, ceitified under his hand and under the corporate seal. 30 V. c. 48, s. 188. •MO The Clerk of every City, Town, incorporated Village CUrk to timis and Township shall, cm or ).efore the Hrst day of Decend.er in J.'^;^,;!,>;7';,;t.. each year, imder a penalty of twenty dollars, to be paid to the imwiih t. th. Trea.surer' of Ontario in ca.se of © 0* 3 0^ K •*- *j ma" .Is 98 ^. 1. Number of persons as,se.s.sed. 2. Number of acres assessed. 3. Total actual value of real property. 4. Total of taxable incomes. 5. Total value of personal property. 6. Total amount of asse.ssed value of real and per- sonal property. , , V 1 *.u 7. Total amount of taxes imposed by Vjy-lawsot the Municipality. 8. Total amount of taxes impcsed by by-laws of the County Council. What such return shall show. 74 Chap. 174. MUNMIPAI, MATTKUS. [TiTI.K XII. County Clerk to make a return to the Provincial Secretary, 9. Totiil amount of taxi^s iiupoHutl l»y by-laws of any I'rovi- HJonul County ( 'ouncil. 10. Total amount of taxes a.s afon-said. 11. Total amount of incomo coUecU-il or to !•«■ colleetiMl from a,ssi'H.s('(l taxes for the use of tht; Miniicipality. 12. Total amount of inconif from liiccnsfs. l.'J. Total amount of income from I'ulilii- Works. 14. Total amount of income fntm .shares in incorporated < 'om- panies. 15. Total amount from all otliei' sources. 10. Total amount of income fiom all so\irces. 17. Total expenditure on avcoinit of roads and hridge.s. 18. Total expendituio on account of other public works and property. 19. T(»tal exp»'nditure on account of stock held in any in- corporated Company. 20. Total expenditure on account of Schools and Kducation, exclusive of School Trustees' Rates. 21. Total expenditure on account of tlit,> support of tlie poor, or charitable purpos«'s. 22. Total expenditure on account of debentures and hiterest thereon. 23. Total gross expenditure on account of Administration of Juf*tice in all its branches. 24. Amount received from Oovernniont on account of Ad- ministration of Justice, 25. Total net expenditure on account of Administmtion of Jastico. 26. Total expenditure on account of .salaries, and the ex- pen.ses of Municipal Government. 27. Total number of sheep worried by dogs, and the aiiKKint paid therefor by the Municipality. 28. Total expenditure on all other accounts. 29. Total expenditure of all kinds. 30. Total amount of liabilities secured by debentures. 31. Total amount of liabilities unsecured. 32. Total liabilities of all kinds. 33. Total value of real property belonging to Municipality. 34. Total value of stock in incorporated Companies owned by Municipality. 35. Total amount of debts due to Municipality. 36. Total amount of arrears of taxes. 37. Balance in hands of Treasurer. 38. All other property owned by Municipality. 39. Total a.ssets. 36 V. c. 48, s. 190. a4a. The Clerk of every County shall, before the fii-st day of April in each year, prepare and transmit to the Provincial Secretary a statement of the aforesaid particulars respecting all the Municipalities within his County, entering each Muni- cipality in a separate line, and the particulai-s required oppo- site to it, each in a separate column, together with the sum [TiTLK XII. WNof any l*i<»vi- H! collecti'il tVoiii pality. Diks. tiorpomti'il < 'oin- I. ml luitljjfcs, mhlic works and held in any in- s and Education, )poit of the poor, nres and interest Idniinistration of I account of Ad- Ldininistmtion of I'ies, and the ex- , and the amount TiTLK XII.] MrNK'IPAl, INHTITUTIONS. Chap. 174. 75 total of all the(<>ie the .%V.c.4S.,s.l93. aSS.' 945. The Treasurer of the County shall retain in hi.s hand.s ^J^^j^yn to be any moneys payable to any Municipality, if it is certified to J^^,,^ J ^^j him by the Clerk of the Co'unty that the (Merk of such Muni- made, cipality has not made the i-eturn hereinbefore required ; and the Treasurer of Ontario shall retain in his hands any moneys payable to any Municipality, if it is certified to him by the Provincial Secretary that the Clerk of such Municipality has not made the returns hereinbefore rec^uired. 30 V. c. 48, s. 194. ebentures. to Municipality. Companies owned ,lity. lity. 3() V. c. 48, 3. 190. fore the fii-st day to the Provincial iculars respecting tering each Muni- i"s required oppo- ler with the sum Division III.— The Treasurer. His appointment, duties and remuneration. Successor may draw mmieys. Sec. 249. Sees. 246-248. 940 I. Every Municipal Council shall appoint a Treasurer, Tre^"^''^^" who may be paid either by salary or by a percentage and every Treasurer, before entering upon the duties of his office, shall give such security as the Council directs for the faithful ^^ ^^^ performance of his duties, and especially for duly accounting rfty. for and paying over all moneys which may come into liis hands; and it shall be the duty of every Council in each and Annual ^ ^ every year to inquire into the sufficiency of the security given gu^ciency of . by such Treasurer, and report thereon. 36 V. c. 48, s. 195. 947. Every Treasurer shall receive and safely keep ^'l ^^^J^f ^';;^X'* moneys belonging to the Corporation, and shall pay out the ^„d diaburse s^me to such persons and in such manner as the laws of the moneys, etc. -i^>msmmsmmgd0mm^i^imm.ism(m^ii*^!^^^^-^^^«^^x^^^ii^ 76 Chap. 174. MUNICIPAL MATTERS. [Title XII. His liability limited, Province and the lawful by-law.s or resolutions of the Council of the Municipal Corporation, whose officer ho is, direct ; but no member of the Council .shall receive any money from such Treasurer for any work performed or to be performed ; and such Treasurer shall not be liable to any action at law for ar.y moneys paid by him in accordance with any by-law c resolu- . tion passed by the Council of the Mimicipality of which he is the Treasurer, unless where another disposition is expressly made of such moneys by statute. 3G V. c. 48, s. 19G. HiUf-yearly Rt:itemeiit of assets. 348. Every Treasurer shall also prepare and submit to the Council half-yearly a correct statement of the moneys at the credit of the Corporation whose officer he is ; and in Cities, Towns, incorporated Villages and Townships which have passed by-laws i-equiring this to be done, the Treasurer shall, on or , .. , befoi'e the twentieth day of December in each yeiv, prepare personl' in d"- and transmit to the Clerk of Ihe Municipality a list of all fault for taxes, per.sons who liave not paid their municipal taxes on or before the fourteenth day of said month of Decembei', 36 V. c. 48, s. 197. See .ss. 78,"4(jl (2). I'rovision on 340. In case any Treasurer is dismissed from office, or ab- omce'^"''' *'■""' sconds, it shall be lawful for his successor to draw any moneys belonging to such Municipality. 30 V c. 48, s. 198. Annua' iiersoni Division IV. — Assessors and Collectors. (See also Rev. Stat. c. 180, ss. 10, 11.) Certain Councils to appoint. Sees. 250, 251. Township Collectors to act for Provisional Corporations. Sees. 252, 253. Asaessois and 350. The Couucil of every City, Town, Town.ship, and in- pointmJntand corporated Village shall, as soon as may be convenient after the n annual election, appoint as many Assessors and Collectors for "^' ■ the Municipality as the Assessment Laws from time to time authorize or require, and shall fill up any vacancy that occurs in the said offices as soon as may be convenient after the same occurs ; but the Council shall not appoint as Assessor or Col- lector a member of the Council. 2, The same person may, in a City, Town or To^vnship, be ^ appointed Asses.sor or Collector for more than one Ward or polling sub-division. 3. In Municipalities which have passed by-laws requiring taxes to be paid on or before the fourteenth day of December, it shall be the duty of the CoUectoi-s, on the fifteenth day of December in each year, upon oath, to return to the Treasurer [Title XII. of the Council J is, direct ; but tjney fi'om such performed ; and I at law for auy i-\&vr 0" resolu- , of which he is ion is expressly i. 19G. I submit to the moneys at the ; and in Cities, liich have passed irer shall, on or ih yeiv, prepare ity a list of all :es on or before ei-. 36 V. c. 48, 3m office, or ab- raw any moneys 198. ECTORS. 11.) 1. il Corporations. )wn.ship, and in- venient after the nd Collectors for )m time to time ancy that occurs t after the same Assessor or Col- or To^vnship, be an one Ward or y^-laws requiring ay of December, fifteenth day of to the Treasurer Title XII.] MUNICIPAL INSTITUTIONS. Chap. 174. 77 the names of all persons who liave not paid their municipal taxes on or before the fourteenth day of the said month of December. 36 V. c. 48, s. 199. In citii'H, iw- HesHnient ctjm- luissioiier nmy 1)e apiiDinteil insteivil of s\u:h atist'Hsiirs, &!•. a*!!. In Cities, the Council, instead of appointing Assessors under the foregoing section, may appoint an Assessment Com- missioner, who, in conjunction with the Mayor for the time being, shall, from tiae to time, appoint such Assessoi-s and Valuatoi-s as may be necessary, and such Commissioner, Asses- sors and Valuators shall constitute a Board of Assessors, and shall possess all the powers and perform the duties of Assessors appointed under the last preceding section ; and the Council shall also have power by by-law to determine the number of Collectors to be appointed, and prescribe their duties, and may by by-law require the payment of taxes to be made into the office of the Treasurer by a day to be named, and in default may in said by-law impose an additional percentage charge on every unpaid tax or assessment, which shall be ad« '^'^i'""^" their sureties responsible to the Union therefor ; and m case the Corporation of the Union receives the same, such Cor- poration shall immediately pay the amount to the Provi- sional Treasurer, retaining the expenses of collection. 36 V. c. 48, 8. 202. ( )u (k-fiUilt of |iiiyineiit of t.ixe.-,acl(li- tiiinul percent- ii;,'e maybe im- ported. IViiureofoffiie of iiimmissioi- I'l'. iisseasors, Division V.— Auditors and Audit. 256. Appointment and dviies.' Sees. 254:, 255. Amtract of receipts and expenditures. Sec, PMication of amiit. Sec. 257. _ Council to Jimdly audit. Sec. 258. County Council to regulate and audit County moneys. Sec. 259. 78 Chap. 174. MUNICIPAL MATTERS. [Title XII. Audit in Cities and Towns, etc. Sec. 2C0. Special jy^'ovisions relating to Toronto. Sees. 261-2G3. Auditors. a«4. Every Council shall, at the lii-st meeting thereof in every year after being duly organized, appoint two Auditors one of whom .shall be such person aa the head of the Council nominates ; but no one who, at such time, or during the pre- ceding year, is or was a member, or is or waa Clerk or Trea- surer of the Council, or who has, or during such preceding year r,. ,.« had.directly or indirectly, alone or in conjunction with any other tion'for ottice person, a. share or interest in any contract or employment with "f- or on behalf of the Corporation, except as Auditor, shah be ap- pointed an Auditor. 36 V. c. 48, s. 203. Dutiea of. 9SS. The Auditors shall examine and report upon all ac- counts affecting the Corporation, or relating to any matter under its control or within its jurisdiction for the year ending on the thirty-first day of December preceding their appointment. 36 V. c. 48, s. 204. 356. The Auditors shall prepare an abstract of the receipts, expenditure, assets and liabilities of the Corporation, and also a detailed statement of the said particulars in such form as the Council directs, and report in duplicate on all the accounts audited by them, and make a special report of any expendi- ture made contrary to law, and shall file the same in the office of the Clerk of the Council within one month after their appointment, and thereafter any inhabitant or ratepayer of the Municipality may inspect one of such duplicate reports at all seasonable hours, and may, by himself or his agent, at his own expense, take a copy thereof or extracts therefrom. 36 V. c. 48, s. 205. 357. The Clerk shall publish the Auditors' abstract and re- port (if any), and .shall also publish the detailed statement in such form as the Council directs, and in case of a minor Muni- cipality the Clerk shall transmit to the Clerk of the County Council a copy of such abstract and statement, and the same shall be kept by the Clerk of the County Council as a record of his office. 36 V. c. 48, s. 206 ; 40 V. c, 7, Seized. A (174.) To prepare ab stract and de- tailed Htate- ment "f re- ceipts and ex- penditure, &c. Clerks to pub lish abstracts and state- ments, The Council to 35g. The Council shall, upon the report of the Auditors, Mdit finally, g^j^Hy. ^u^it and allow the accounts of the Treasurer and Col- lectors, and all accounts chargeable against the Corporation ; and in case of charges not regulated by law, the Council shall allow what is reasonable. 36 V. c. 48, s. 207. Audit of 959. Unless otherwise provided, every County Council sha,ll moneys to be ^^^^ ^^^ regulation and auditing of all moneys to be paid pa,d by irea- ^^^ ^^ ^^^ &^^^^ .^ ^^^ ^^^^^ ^j ^^^ (.^^^^^^ Treasurer. 36 V. c. 48, s. 208. surer. [Title XII. ',ec8. 261-203. seting thereof in nt two Auditors, ,d of the Council during the pre- tm Clerk or Trea- 3h preceding year )n with any other imployment with litor, shall be ap- port upon all ac- any matter under jar ending on the appointment. 36 >ct of the receipts, )ration, and also a such form as the I all the accoimts of any expendi- the same in the month after their r ratepayer of the ate reports at all agent, at his own 3refrom. 36 V. c. 3* abstract and re- iled statement in of a minor Muni- :k of the County snt, and the same Jouncil as a record ?c/*ed. A (174.) ; of the Auditors, reasurer and Col- the Corporation ; the Council shall r. •unty Council shall loneys to be paid ity Treasurer. 36 Title XII.] MUNICIPAL INSTITUTIONS. Chap. 174. 79 960. In Cities and Towns the Council may also appoint an Audit of ac- Auditor, who shall, daily or otherwise as directed by the Coun- ^-jtle***" cil, examine and report and audit the accounts of the Corpora- tion, in confonnity with any regulation or by-law of the Coun- cil ; and in other Municipalities the Auditors .shall also, monthly j^ ^^^^g^ j^j^^. or (piarterly, as directed by by-law, examine into and audit the nicipalitieH. accounts of the Corporation. 36 V. c. 48. s. 209. 361. Notwithstanding anything in this Act, the Council of Appointment the Corporation of the City of Toronto shall, during the month theTitJ'of ''^ of December in each year, appoint two Auditors. 35 V.c.77,s. 1. Toronto. 364. Notwithstanding as aforesaid, the Auditoi-s for the Monthly au- said City shall every month, commencing at the end of the •'>*■ first month in the following year, and so on to the end of such year, examine and report upon all accounts affecting the Cor- poration, cr relating to any matter under its control or within its jurisdiction. 35 V. c. 77, s. 2. 363. The said Auditors shall discharge the duties imposed Annual upon Auditors by the two hundred and fifty-sixth section of •'^P"*''^- this Act within one month after the thirty -first day of De- cemV)er in each year. 35 V. c. 77, s. 3. Division VI. — Valuators. Appointment and Duties. Sec. 264. 364. The Council of every County may appoint two or county Coun more Valuators for the purpose of valuing the real property cil may ap^ within the County, whose duty it shall be U) ascertain, in every tore, their fifth year at furthest, the value of the same in the manner di- duties, &c, rected by the County Council ; but such Valuators shall not exceed the power's possessed by Assessors ; and the valuation so made shall be made the basis of equalization of the real pro- Efiualization perty by the County Council for a period not exceeding five of real pro- years ; and the equalization of personal property shall be as '*^ ^" heretofore. 36 V. c. 48, s. 210. Division VII. -Duties of Officers Respecting Oaths and Declarations. Declarations of ojffiee and qualijkation. Sees. 265-267. Before whom made. Sec. 268, Persons to administer oatJui and declarations. Sec. 269. Record and deposit of. Sec. 270, Oaths respecting matters before Council. Sec. 271. Penalty for refusing ojffice, or not making or refusing to ad- minister declarations. Sec. 272. • f^iif'?nri ?N. f! ifi iifyi Biwi "* vU'ff^rilkj1 r'i^^^*°^ 80 Chap. 174. MUNICIPAL MATTERS. [Title XIL Declaration of office liy cer- tain oftcers. I »iclarivtion ijualiticiition. Form of. 96A. Every person elected or appointed under this Act to any office requiring a (lualification of property in the incum- bent .shall, before he takes the declaration of office, or entei-s on his duties, make and subscribe a solemn declaration to the ef- fect following : ,f I A B ,do solemnly declare that I am a ratural-born (oc naturalized) Bub'iect of Her Majesty ; and have and had to my own nse and benefat, in my own right (or hiwo and had in right of my wife, us the case may be), as proprietor (ar tenant, as the cane mmj be), at the time of my election (or appointment, aa the case vuiy require), to the office «* '^'^ hereinafter referred to, such an estate as does (lualify me to lust in the office of (mmiiuj the office) for (lumiimj the place for irhkh mwh peraun has been elected or appointul), and that such estate is (Me miture of the estate to be $i>eeified, an an equitable estate of leasehold or otlverwise, as the um may require, ami if latul, the same to be (lesinmtvd by its local descriptiou, rents or otherwijte), and that such estate at the time of my election (or appointment, (W the case nmy rerimre) was of the value of at least (specif yvuj the value) over and above all cho -ges, liens and incumbrances affecting the same. 36 V. C. 48, S. VlI. Declaration of office Ijy cer- tivin officers. «6«. Every Returning Officer, Deputy Returning Officer and Poll Clerk, evei-y member of a Municipal Council, every Mayor, and every Clerk, Assessor, Collector, Constable and other officer appointed by a Council, shall also, before entering on the duties of his office, jnake and subscribe a solemn de- claration to the effect following : ., , , ,„ I A B do solemnly promise and declare that I will tr\ily, faithfully at^noflt: and fmpartially, to the'be'st of my knowledge and ability, execute the office oi(i>mrtir^ the »«*««) of the office), to which I have been elected (o. appointed) in this Township (or as ths C(we me of any incoiporaled or Joint Stock Company, empowered to grantguarantees,! ( nds- or policies for the integiity and faithful accounting ot public otiicers and other like purposes, may be accepted instead ot, or i-i ad.lition to, th.^ bond or security of any officer or servant of any Mmiicipal Corporation, in all cases where by the pro- visions of this or any other Act or of any by-law ot such Corjw- ration, such officer or servant is re(pured to give securitj-, either by himself, or by himself and a surety or sureties, and where the parties directed or authon/ed to take such secunty see tit to accept the bond or policy of such Company as afore- said and approve the terms and conditions thereot ; ai-.d all tlie provisions in any such Act rehiting to such secunty, to be given bv any suc!i officer or servant, or his sureti.'s, shall apply to the bo.ids and policies of guarantee of such Company as atore- said, which mav be taken instead of, or in substitution of any eKistino- securities, if the parties .lirecte.l or authorized as afore- said see tit, wiiereupo:i such existing secui-ities shall be deliver.wl up to be cancelled. 27-8 V. c. 7, s. 2. Coriwirations, &c.,may ac- ciiit security of cortain Ciinipiiuies for tiieir officers. I'rnvisions re:;iiecting Kudi security to apply. Existing bonds may be can- celled. \The foUowiwj emtctm^iyds, creating criminal liuhUiHeft, namino- the (-'ouncil. ike any appoint- arge of tlie duties jst renmnoration. TiTLK XII.] MUNICIPAL INSTITUTK^NS. C'luip. 174 employment, shall be the property of the Corporation ; and in case any such person or officer refuses or fails to deliver up or i)ay over the sumo respectively to the Corporation, or to any person authorized by tlio Coun- cil to demand them, he shall bo deemed guilty of a fraudulent embezzle- ment thereof, and may be prosecuted and punished in the same imiuner liS a servant fraudulently embezzling any chattel, money or valuable security of his master ; but nothing lierein shall affect any re nedy of the Corporation or of any other person against tho offender or his sureties, or any other party ; nor shall the conviction of such offender bo receivable in evidence la any suit, at Law ur iu Ei^uity, against him. 83 shall liokl office 1 alerk thereof, and by such other person and on such other evidence as to the Lieutenant-Govemor in Council .satis- factorily proves the facts so recited ; or in case of the death or absence of any such municipal officer, upon the declaration of any other member of the Council, whose declaration the Lieu- tenant-Governor in Council may accept. 36 V. c. 48, s. 228. ■ut- DivisioN II.— Objections by Ratepayers. When and how made. Sec. 284. When Huccessfnl. Sec. 28.1. 384. In case any person rated on the assessment roll of any Opuositlon to Municipality, or of any locality therein, objects to the passing by-laws, of a by-law, the passing of which is to be preceded by the ap- plication of a certain number of the rateable inhabitants of such Municipality or place, he shall, on petitioning the Council, be at liberty to attend in person, or by counsel or attorney, be- How to be fore the Council at the time at which the by-law is intended to ™* ®- be considered, or before a committee of the Council appointed «g?*=>'a*fc%'w»t-«.afeK---'^??ffi»i^i/^'it.:J-»i!ak;i>' " f*- '.-■ ': -! ' .- jV ' '' J?- •s::^.m?T-'Sfi'S!i'^-9"?u '.^r^TT 80 Chap. 174. to ht-ar t'viilinct' Ml'XrriPAL MATTERS. [Trri.K XTT thereon, ami may j)ro(luce uvii»ceofv-oting^^l^j,^g the votes of the electors, and such places in the hy by-law. Municipality as the Council shall in their discretion deem best, and where the votes are to be taken at more than one place, shall name a Deputy Returning Officer to take the votes at eveiy such place ; and the day so fixed for taking the votes shall not be less than three, nor more than five weeks after the first publication of the proposed by-law. 30 |V. c. [48, s. 231 (1) ; 40 V. c. 8, s. 51. . , By-law requir- 2 The Council shall, before the final passing of the proposed elector"* be by-law, publish a copy thereof in some public newspaper pub- imblished. lished within the Munieipality, or if there is no such news- [TiTi,K XTI. iflencL' that the i-hvf was not ication ari' not ii-nts, ami that (if tho pt'iMons the rt'iiiaining ■ ropicHcnt the the by-law. 3G iflence that the anu's of a sutti- itained without squisite amount -law passed, or i-ed by law was /-law. 36 V. c. •ORS. 28G-297. : the electors of f, the following h assent, except ay and hour for places in the etion deem best, ! than one place, take the votes taking the votes [ive weeks after 30 |V. c. [48, ; of the proposed newspaper pub- no such news- TlTLK XII.] MUNUIlV-.t. INSTITI'IIONS. ( !i.,|>. IT*. 87 painT, insuuif public ncwspap'r ptiMi-lir.l luanst tli.' MuiiK-i- pnlity, or in tln' County Town, th.' iMiLlinitinii t.. be continiu-d in at leant one number of «ii(h paper ••aeli week for three huc- eessive weeks, and shall also put up a eupy of the by-law at four or more of the most public iihucs in the Municipality 'M V. e. 10, s. '). 3 Appended to each cop\' ^o puMish.Ml and post.'d shall be Xotke. a notice signed by the Olerk'of th,. ( ouneil, stating that such copy is a true copy of a proposed l.;y-law wliieh will be taken into consideration by the Council atter one nioiitli fnni, the tn-it publication in the n'ewspaper, stating the date of the lirst pub- lication, and that at the hour, day and place or places theieiii Hxed fur taking the votes of the electors, the polls will be held. 36 V. c. 4S, s. 231 (3). iiH7. borthwith after the "f,;^';;^ nlace where the L'krk of tlu' Council which proposeil the by- ,,„i„Jn,e„t..f THOIIH tt> at- taw shall .sum up the number of votes givcm for and against ..- .^^^^ „tp..llinK by-law, and a time and place for the iippomtment ot i)er,sons ^^^^^^^^ ,'^„^, f^^. to attend at the various polling places, and at the final summing Bummiu.,' up up of the votes by the Clerk respectively, on behalf of the per- ^"»««- sons interested in, and promoting or opposing the passage of the by-law respectively. 39 V. c. 3.5, s. 3. 900. At the time and place named the head of the Munici- J»;f;""°f pality shall appoint, in wiiting signed by him, two persons to at- tendatthe final summing upof the v()tes,and one person to attend at each polling place on behalf of the persons interested m and desirous of promoting the passing of the by-law, and a like number on behalf of the persons interested in and desirous ot opposing the passing of the by-law. 39 V. c. 35, s. 4. 301. Before any person is so appointed he shall make and ;^j';,«'^'*^'j'. n^*'' •subscribe before the head of the Municipality a declaratiuu in ""= *™ '""• the form of Schedule K to this Act, that he i.s iuterest.'d in and desirous of promoting or opposing (as the case may be) the passing of the by-law. 39 V. c. 35, s. 5. 303. Every person so appointed, before being admiited to tbe ^^d.nh8u,nof polling place or the summing up of the votes, as the case may be, j,^j, pj^^^ ^^ shall produce to the Deputy Returning Officer or Clei k of the i«SI5„.i.«i«iS!ESffe^»a«E^^B®6S4i©fe»aKISSriWJffli^^ ..,J-.,.„-il 88 Cliai). 17-t. '.iUNKiPAL MAITKHH. [TiTI.K XII. Munii'i|)aHtv, as tliu cast- may U", his written appointiniint. IV.) V. c. 3.'), s. (J. A|i|Hiintiiiciit ill llbttCIK't' of 40tt. In till' nliN(>iioc of any p»M*Hon aiithorizt'il an afon-Haiil to attrml at any polling place, or at tlie final .suirniin;,' up of person •*» tl votes, any eleetor in the .same interest as Vu alisent may, upon niakinj,' ami suhsciilting liefore t;sent. 'M V. c. :i.V N 7. Deputy ri'tiirniiiK otfieei'H, |>(ill clerkH and at(entH may vote at iiolliii).' place wlif re they ai'G em- ployed, KxiliiHiiin 904. Diu'iiij^ the time appointed foi- polling no person sl;.iil 'liiu'e'"''"'*' ''*^' ''"t'itl''!' peiinitted to In- present inany pollin;,M)lac(M)ther till!) the otKeers, eh'rks and pi-rsons or electuis atithorized t«r attend as aforesaid at sucli polling place. .Si» V, c. .')•'>, s. iS. 99*1. The ('lerk of^the Municipality, on the re»|iu'st of any elector entitled to vote at on»' of the pollinir places, w ho lias lieen appointed Deputy Returning (iiticer oi- Poll '.'lerk, or who hati been nam, i^ is the per.son to atti-nd at any polling place other than the "tv.' where he is entitled to vote, shall give vo Mu;h elector a cer iticati' that such Deputy Returning OtHcer, Poll t'lerk or person is entitled to vote for or against .such l»y-lnv, at the polling i)lace where such eleetor is stationed during tiie pollinj,' day, and such ceititicate .shall also state the property or other qualification in respect to which he is entitled to vote. on certificate 2. On the production of such certificate, such Deputy Retum- of'the^munid'' """S Officer, Poll Clerk or perst>n shall have the right to vote at pality. the polling place where he is stationed during the polling day, iiLstead of at the polling place of the Ward or polling sub-divi- sit)n wliere he would otherwise have been entitled to vote ; and the Deputy Returning Officer .shall attach the cex-tificate to the voters' list; but no such ceitificate shall entitle any such elector to vote at such polling place unless he has been actually engaged as .such Deputy Returning Officer, Poll (^lerk or pui-son during the day of polling. Who to ad- miniHter oath in such case. Who to con- duct tlie poll in municiiial- itieu divided into wards. 3. Inca.se of a Deputy Returning Officer voting at the polling place at which he is appointed to act, the Poll Clerk, or in the absence of the Poll Clerk, any one authorized to be piesent at such polling place, may administer to such Deputy Returning Officer the oath required to be taken of voters qualified to vote on the by-law. 39 V. c. 3.5, s. 9. 906. In the case of Municipalities which are divided into Wai'ds or polling sub-divisions, the Clerk of the Municipality .shall, liefore the poll is opened, prepare and deliver to the Deputy Return in;,' Officer for every Ward or polling .sub-division, a voters' list in the form of Schedule C to this Act, containing the names, arranged alphabetically, of all male persons appear- [Title XII. ipciintinunt. .'(]) uti an afoivNniil HUii'iiiiii;,' up of S t^l JHTSOn .*» 'ore t:Hent. no pei'Hon shall llin;,M)lac(M)t]ier ^ autlu)i-izeil tir '. c. .').'», rt. 8. . ri;(|iu-Ht of any •H, who has lu't'ii erk, or wlio has liiij,' plan' other ill give to ;-ir. Poll i.st such bv-lnw »nur pel-son during igat the polling Clerk, or in the to be present at •puty Returning qualified to vote 1,1'e divided into he Municipality deliver to the ing .sub-division. Act, containing persons appear- ^g^^!!l^^mg^^if¥W?^' ^>. .^.^. '/ vQ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I l££|Z8 |2.5 |50 '■^™ lil^K 1^ 1^ 112.2 in mi A mmm 1.25 Photographic Sciences Corporation ^ v&. :o 23 WKST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 io w CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical IVIicroreproductions / Institut Canadian de microreproductions historiques TiTLK XII.] MUNU;iPAL INSTITUTIONS. Clmp. 17+. 89 iiig l»y tlio then last _. ^ revised assessment roll to be entitled, under the provisions of the three hundred and first and three hundred and second sections of this Act, to vote in that VN ard sub-division, and shall attest the said list by his cr pollinj. m wilting under his hand. 40 V. c. 12, solemn declaration ,s. 18 (1). 397. In the case of iMunicipalities which are not divided I;?^^"';^^'- into Wards or polling sub-divisions, the (.'lerk shall provide ..yea into himself with the necessary Imllot mpers, the materials tor ward«. marking ballot papei-s, printed directions to voters, and a list of electors for the Municipality similar to the list mentioned in the jneceding section ; and the Clerk shall perform the like duties with respect to the whole Municipality as are imposed upon a Deputy Retuming Officer in respect of a Ward (.r ])()lling sub-division. 40 V. c. 12, s. 18 (2). The Poll 398 held and At the day and hour fixed as aforesaid, a poll shall be Votiue t.)be the votes shall be taken by ballot. ;^1) V. c. :i5, s. 10. I'y l"^""*- 399. The proceedings at such poll, an V. e. 35. s. 20. 302. Any person shall be entitled to vote on any by-law reciuiriii.' the assent of the electors, who is a male ratepayer, and at the time of tender of the vote is of the full age of twenty- one years, and a natural born or naturalized subject ot Her Majesty, and who has neither directly nor indirectly received, nor is in e.xpectation of receiving, any reward or gift for the vote which he tenders, and is resident within the Municipality for which the vote is taken for one month next before the vote, an.l wlio is or whose wife is a leaseholder of real property with- in such jhmicipality of sufficient value to entitle him to vote at a municipal election, and who is rated on the last revised assessment roll therefor, and which lease exteniLs for the period of time within which the debt to be c(mtracted or the money to be raised by such by-law is made payable ; in which lease the le.ssee ha,s covenanted to pay all municipal taxes in respect ot the property leased, and which person is named, or pui-portedto be named, in the voters' list. In case of new municipality where there has been no odseBHinent roll. 2. In case of a new Municipality in which there has not been any assessment roll, the qualiftcation of being named on such list and of being rated on the roll, and of residence for one month, shall be dispensed Avith, but in such case the person offering to vote shall not be en- titled to vote unless possessing the other qualifications above mentioned, and unless he is at the time of tender of his vote a resident of the Municipality, and then has sufficient property to have entitled him to vote if he had been rated for such property, and unless at such time he names such pro- perty to the Deputy Returning Officer ; and the Deputy Re turning Officer shall note such property in the voters' list, opposite the voter's name, at the request of any one entitled to vote on such by-law. 30 V. c. 48, s. 233 ; 39 V. c. 35, s. 26. Oath of free- 303. Any ratepayer offering to vote in respect of a freehold holder voting qq any such by-law, may be required by the Deputy Returning on by-law. Qfficer or any ratepaver entitled to vote on any such by-law, to make the following oath or affirmation, or any part thereof, or to the efi'ect thereof, before his vote is recorded :— You 3wear that you are of the full age of twenty-ono years, and a natural born {or n.ituralized) subject of Her Majesty ; . , . That yoii are :i freeholder in your own right {or in the right ot your [TiTLi; XII. vote shall not ir qualifications er of his vote, if he had been he names such 1(1 the Deputy the voters' list ly one entitled ) V. c. 35. 3. 20. on aTiy by-law male ratepayer, age of twenty- sulyect of Her rectly received, . or gift for the le Municipality before the vote, [ property with- itle him to vote he last revised Is for the period i or the money which lease the es in respect of , or pui-ported to there has not E being named 3 roll, and of i Avith, but in ill not be en- iifications above tender of his n has sufficient had been rated names such pro- the Deputy Re the voters' list, yf one entitled to V. c. 35, s. 26. id of a freehold eputy Returning ny such by-law, ,ny part thereof, ied:— ^-one years, and a I the ridit of your TlTLK XII.] MUNrCIVAL INSTITUTIONS. Chap. 174. 91 wife, as the cose mmj require), within the JIunicipality for which this vote is taken ; , , . ., • m v.- / That yon have not voted before on the by-law in this Township {or Ward, as fhe cn.fi' mnij he) ; , • i i i That yon are, accordins,' to law, entitled to vote on tlu; saul by-law ; That you have not diiectlyor indirectly received any ro.vard or gift, nor do yon expoct to receive any, for the vote which you tondor ; That yoii arc tlie person named, or purporting to bo named, in the voters list of electors ; , , • i • i That you have not received anything, nor has anything been proimsea to you directly or indirectly, either t(j induce you to vote on this by-law, or for loss of time, travelling expenses, hire of team, or any other service connected therewith ; . . , ■ j ^u- And that you have not directly or indirectly paid or promised anything to any person, either to induce him to vote or refrain from voting ; (luMse of anew MnnidpaUtij in vhich there has not been any assessment roll then instead of nferriwj to being named in the voters list, tlie. person offering to vote mmj be reqnired to name in the oath the proj^erty m respect of inliich he claims to rote) ; And no eni^uiries shall Vie made of any voter except with respect to the facts specified in such oath or affirmation. 36 V. c. 48, s. 234 ; 40 V. c. 8, s. 50. 304 Any ratepayer offering to vote in respect of a lease- Oath of lease- hold on any such by-law, may be required by the Deputy ^^'g;':i;:;;""« Returning Officer, or any ratepayer entitled to vote on any such by-law, to make the following oath or affirmation, or any part thereof,. or to the effect thereof, before his vote is recorded :— You swear that you are of the full age of twenty-one years, and a natural born or naturalized subject of Her Majesty ; ,• v xu- That you have been a resident within the Municipality for which this vote is taken for one month next before the vote ; ,, • • i-i. That you are {or your wife is), a leaseholder within this Municipality and the lease extends for the period of time within which the debt to be contracted or the money to be raised by the by-law now submitted to the ratepayers is made payable, and that you have {or the lessee in said lease has) covenanted in such lease to pay all municipal taxes ; That you have not before voted on the by-law in this Township {or Ward, as the case may be); i. -j u i That you are, according to law, entitled to vote on the said by-law ; 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 ; ^ ^ That you are the person named, or purporting to be named, in tue voters That you have not received anything, nor has anything been promised to you directly or indirectly, either to induce you to vote on this by-law, or for loss of time, travelling expenses, hire of team, or any other service connected therewith ; . ■ :, ^x.- And that you have not directly or indirectly paid or promised anything to any person, either to induce him to vote or refrain from voting ; {In case of a new Municipality in which there has not been any assessment roll, then instead ofsifearing to residence for one month next before the -^te, and of referritig to being named in the voters' list, the person ojffeniu, to rote may be required to name in the oath the property in respect ofwhi/;h he claims to vote, and that he m a resident of such Municipality); And no enquiries shall be made of any voter, except with respect to the facts specified in such oath or affirmation. 36 V. c. 48, s. 235 ; 40 V. c. 8, s. 50. 3!mFvmim &t i 't, i' <-fJ.<'.~!>i» i ^ i ' 0'> Chap. 174. MUNICIPAL MATTERS. [Trn.K X 1 1. Fiii'in of Htatement to W made by deimtjr returning ofticerH of reHult of the polling. Objections to ballot ;>a}>er8. To bo num- bered.- 30A. The written statement to he nia>;. c*-*^*fc-'3sKfcJTgaKI(««^/».:'1'5»5r^ 94 C!:ap. 174. MUNICIPAL MATTERS. [Title XII VnterH not to 5. No porson shall, diroctly or inJirt'ctly, induce any vok'V dWlIwrvotM. ^^ tlisplay his ballot papoi- after he lias marked the .same, so lus " to njake known to any peison the manner in which he lias marked his vote. Penalty for coiitriivt'ninff tlli^ section. Statutory de- claration of Mccrecy to be niade"!jy offi- cerK, etc., be- fore a poll. 0. Every peraon who acts in contravention of this section .shall he liahle, on summary conviction Ixifore a Stipendiary Magistrate, Police Magistrate, or two Justices of tlie Peace, to impri.sonment for any term not exceeding six months, with or ■without hard labour. 39 V, c. 8.5, s. 19. 313. The Clerk of the Municipality, and every officer, clerk or person authoiized to attend a polling place, or at the counting of the votes, shall, before the opening of the poll, make a statutory declaiation of secrecy, in the presence, if he is the Clerk of the Municipality, of a Justice of the Peace, and if he is any other officer, or a clerk, or an agent, in the presence of a Justice of the Peace or the Cli'rk of the Municipality or a Deputy Re- turning Officer ; and such statutory declaration of secrecy shall be in the form given in Schedule M to this Act, or to the like eliect. 39 V. c. 3.'). s. 20. Scrutiny. Scrutiny may 313. If within t WO Weeks after the Clerk of the Council pfica'ttrto''' which proposed the by-law has declared the result of the voting, County Judge any elector applies upon petition to the County Judge, after "■iviufsuch notice of the application and to such persons as the Judge directs, and shows by affidavit to the Judge reasonable giounds for entering into a scrutiny of the ballot papers, and the petitioner enters into a recognizance before the Judge in the sum of one hundred dollars, with two sureties (to be allow- ed as sufficient by the Judge upon affidavit of justification) in the sum of litty dollars each conditioned to prosecute the peti- tion with efll'ct, and to pay the party against whom the same is broutdit any costs which may be adjudged to him again.st the petitioner, the Judge may appoint a day and place within the Municipality for entering into the scrutiny. 39 V. c. 35, c. 21. Notice of time 314. At least one week's notice of the day appointed for the of scrutiny. scrutiny .shall Vje given by the petitioner to such persons as the Judge directs, and to the Clerk of the Municipality. 39 V. c. 35, s. 22. Proceedings. 313. At the day and hour appointed, the Clerk shall attend before the Judge with the ballot papers in his custody, and the Judge, upon inspecting the ballot papers and hearing such evi- dence as he may deem necessary, and on hearing the parties, or such of them as may attend, or their counsel, shall in a sum- mary manner determine whether the majority of the votes given is for or against the by-law, and shall forthwith certify the residt to the Council. 39 V. c. 35, s. 23. [Title XII luluce any vok-r I the same, so lus n which he lias 1 of this section •e a Stipendiary of the Peace, to months, with or •y officer, clei'k or ,t the counting of iiake a statutory tlie Clerk of the he is any other e of a Justice of )r a Deputy Re- 1 of secrecy shall :t, or to the like of the Council ult of the voting, nty Judge, aftei" jh persons as the Fudge reasonable lUot papers, and )re the Judge in iies (to be allow- t justification) in osecute the peti- whom the same I to him against and place within 3()V.c.35,c. 21. ippointed for the jh persons as the ipality. 31) V. c. lerk shall attend custody, and the learing such evi- ng the parties, or shall in a sum- ty of the votes orthwith certify TllLi; XII] MUNU'H'AL INSTiniTIONS. Chap. 174. w 316. The Ju.lge shall on such scrutiny i^ossohs the I'ke ^..^.^n. << powers and authority as to all matters arisiug upon such scru- tiny as aiv possessed" bv him upon a trial ot the va idity ot the election of a mend.er of a Municipal ( '.mncd ; and .n all cases cu. coHts shall be in the discretion of the Judge, as in the case ot applications to .|ua.sh a by-law, (.r luMuay apportion the costa as to him seems just. 3!) V. c. 3.'), s. '2-y. »n Any by-law which is carried by a majority of the duly V^yJ^^^ car^^ nualiti.'d electees v..ting thereon, sliall witlnn six^ weeks there- t..l^P|pdl>y aft..r be passed by the Council which submitted the same. .«» V. ( -uncil. c. 48, s. itW. lire- the 3IH. In case of a petition bein^^ presented, the by-law shall 1^-,\^-«'' not be passed by the Council until after the petition has been ,t .ea„„ ..r«. disposell of; and the time which intervenes between he «o„^^^^^^^^^ presenting of the petition an.l the tinal disposal l,...eof shall i Jiot be reckoned as part of the six weeks within which the by- la wms to be passed. 3!) V. e. 3.-), s. 24. Division IV.— Confirmation of By-laws. Bi/ puMicathm. Sfif. 319. yotkc. Sec. 3'iO. Conxeqiient validity. Sec. 3-'l. mr Every promulgation of a by-law shall .-oiisist in the PromuWatiou publicUion, through the public press, of a true copy of the by- aw, and of the signature attesting its authenticity with a no- tice appended thereto of the time Umited by law Or applum- tions to the Courts to quash the same or any part thereof ; ami the publication aforesaid .shall be in a public new.spaper pub- lished within the Municipality, or if thene IS "» ^"fl^.'^^^^W'r then in the public newspaper published nearest tl^e Mun "- pality, or in the County Town ; and the publication shall, im the Lrm^e aforesaid, be continued in at least one number of sucli paper each week for three successive weeks. 37 V. c. U., s /. SOO The notice to be appended to every copy of the by 1?/ v Notice to be for the purpose aforesaid, shall be to the effect following : ^ « • Pminties of B C and D (or as the case may be), on the day or Counties of «, O^^ J ^^^ ^^^^^^^^^^ ^^ ^"'"""''vr^TH b (^^ncild byiawmuiredtogiv. effect to such 6 y- J. i«) approved by H« W, notir the Lieutenant-Governor m Council, on the Zu 1 Honour the l.ieme ^^^^^ ^^^ ^ ^^ ^.^^^ ^ ^^^^ ^^ that ,tnv one 'desirous of applying to have such ly-law or any part thereof Zshed m St make his application for that purpose to one of Her %^Ss Superior Courts of Common Law at Toronto, be ore the end of JJe^Tem olThe said Superior Courts next after the special promulgation ■^issynas. !B«.ai»»5»aiSW«SBs;-+»4i "itunr ee Clmp. 174. MUNICIPAL MATTEIIH. [Title XII. theri'df by the puhliciuioii i>f tins notice in threo couieoiitivo ininibera i<( the following noWHiiiipers, vi/. {Ii-iv iKtmi- the »(ctr.i/..(/«'c.i in irliirh the i>iih- linitiou U to lie mwie), or ho will bo too lato to bo liourd in that behalf ; Mnl take notice that such Term coin'nonces on the day of next. Towufhii) Clerk. 3(i V. c. 48, s. 23S. 1( not iiiovf.l :|!2I. In case no application to (luasli any I'v-lnw is tnado iTtill'thne''' '"'^'•"''^ t,lic ond of tln^ Term ni'xt after the tliinl publication of Uuiiud, t.. l.f .such liy-law and notice a.s afoiesaitl, the l»y-lavv, or so much vMirt. theieot' as is not the suhject of any .such application, or not (puished upon such application, so far as the same ordains, pre- scriltes or directs anytliinj^ within the proper competence of the Council to ordain, prescrihe or direct, shall, notwithstanding any want of sul)stance or foreu, either in the by-law itself, or in the time or numner of pa.ssing the same, T)e a valid by- law. 3(i V. e. 4S, s. i:V.). f. - Qimfiliing by- la w«. Division \'. — QuASHiNfi Bv-law.s. Huw to proceed. Sec. 322 Time limited for appUvation. /SVcs. 323, 324. Motion (i(j<(instfoi- corrupt pvactieeg. Sea. 325, 320. No action till after quaxhiiuj and notice. Sec. 327. Liubilitif of Municipality for actsvnder illcyal hy-latv. Sec. 328. ■ Tender of amends. Sec. 329. 3a«. In case a resident of a Municipality, or any other per- son interested in a by-law, order or resolution of the Council thereof, applies to either of the Supei-ior Courts of Common Law, and produces to the Court a copy of the by-law, order or reso- lution, certified under the hand of the Clerk and under the corporate seal, and shows by affidavit that the same was re- ceived from the Clerk, and that the applicant is resident or in- terested as aforesaid, the Court, after at least,four days' service on the Corporation of a rule to show cause in this behalf, may quash the by-law, order or resolution, in whole or in part, for illegality, and, according to the result of the application, award costs for or against the Coi-pomtion. 36 V. c. 48, s. 240. Time within 333. No application to quash any such by-law, order or re- rtonmult'li^'*' solution, in whole or in part, shall be entertained by any Cx)mt made. unless such application is made to such Court within one year from the passing of such by-law, order or resolution, ex- Exception, cept in the case of a by-law requiring the assent of electors or ratepayers, when such by-law has not been submitted to, or has not received the assent of such electoi-s or ratepayers, and in such case an application to quash such by-law may be made at any time. 36 V. c. 48, s. 241. [Trri.K XII. cutivo iiiiiiibtirs i>f I in ichkh the inih- i titat btjhiilf : nnd lay of next. <}. //., Townrliiii (Jlork. I>v-law is tnado rpulilicaiion of LW, or s(j much lication, or not iiiu (ji'daiiiH, pve- npetenco of the lotwithstanilin}.; by-law itself, , be a valid by- TiTi.i: XI 1. 1 MINH ll'AI. INSTITI TloNS. ('liap. I7K 97 'S. \2o, :J20. c. 327. yal hy-lmo. Sec. Y any other per- i of the Council )f Common Law, w, order or reso- c and under the le .same was re- i.s resident or in- cur days' service his behalf, may e or in part, for •plication, award 48, s. 240. law, order or re- ed by any Court lurt within one )r resolution, ex- nt of electors or submitted to, or [• ratepayei-s, and iw may be made Jilli'l. Ill cas*' a l>y-laNV liy wl' li a rate i^ iin|)(isr(i liiis Ipcfii Thin' nftcr proiiiulf,'att'(| ill the iiiaiuicr hcrriii ipcfoic spccilicd, i"> upl'lif'i- "i,','Ii,It lyj '"* tion t(t (|iiaHli the l)y-law sliall bi- ciitcrtaiiu'd after the next iinash.Mi, if Teiiii of the SiiiHiior ( "o'lits of Coiuinoii Law after the pioiiiiil- i"-<""">t<'*'''-l- ;j[atioii. .'Hi V. V. 4S, s. 242. li^M. Any by-law the ))assa^'e of which ha.s been prociireil iJunMhinK by- thro'ij,^) or ity means of any violation of the ))iovi,sioiis of sec- I'.^'i'.ribery, tionstwo Imiidreil and Hrstanil two liiindreil and second of this fU: ■ ' ■] be liable to l)e ouaslied upon any ajtplicatioii to be confonnity with tlie provisions hereinbi-fore contained, Act, shall lie liabl made in :!(i V. c, 4>S, s. 243 :I40. Before determining' any application for the ([uashinj,' of Procedure in a by-law upon the jfround that any of the provisicms of the said """' two hundred and first and two hundred and second sections of this Act have been contravened in procurinj.j the passin•■ \inh\r fill ui'tn iliilic UlliliT illflfill )iy-lnw. Vdtlce of ftrti(in. TeniltT iA Amende. Chap. 171. MtTN'ICIl'AI- MATTinW. [TlTI.K, XI o,. ".art L-l in .•«;. anything has .Inn. n"' "-t - Ij;; '. ^ mtson of s.u.l, iU.-ality, ^ v.-s any Vhs.,,, a n;; t >' ; '. such action shall !..• Lrou^ .t unt.i on. n.ontl. '^^ W' ^^^ tht. l.v-law <.nl.r or icHoluti..n has hr.'U .|nasli..l oi "'♦'"; n V n o.- n.onth's n..ticH- in writing ..f th. uum .on •„;su 'h action has l.c.n «ivcn to the ( ;o.i.o.at.on^ an. cn-^> such action sJ.all he hron^ht a^ahist th.' co'l''^*'"'" "^ '•; . n.'t a-ainst any p.Tson actin^^ un.lor th- hy-law, ordc. u. it .solution. 'Mi V. V. 4M, h. 24U. n case tlu'Cornoration tcii.l.>is an.cn.ls to the plaintiti , ;.y if sue. ten.U.,- is plea.le.l a,..l it traveled) " ' S^' .1 .- XI.. ..>f t...„l..i<.i s recovered, »*J0. In pro d, and no n....e than the an.ount ten.le.e.l .s recove,..! ff.rplai..ti«- shall have n., costs h..t costs shal l^^-^^ ^ .U.fon.lant. a...l set ..fl" a.mir.st the ver.hct, «;";» ^ ^^ ^^''V/v to either pa.ty shall he recovered as in o.d.na.) caws. c. 4H, s. 247. T)i VISION VI.— By-laws Creating Dkbts. ReqviHitc formalities Sees. pO-li^i± Axsent of 'ricrtnrx, when required, bee. .i6,i. When specio created ; (b.) The total amount re.piired by this Act to be "•«'i'^';^ <;\^^— f annually by special rate for paying the new debt and interest ; „„„„„,iy . (e) The amount of the whole ' rateable property of the (3) The val Municipality according to the last revised, or revised and '•^i;-at- equalized assessment roll ; (d ) The amount of the existing debt of tho Municipality, (4) Amount of showing the interest and principal separatelv, ami how much «"'«*>»!=' -W't ; (if any f principal or interest is in arrear ; and (e ) The annual special rate in the dollar for paying the ,5) s,,ecial interest and creating an equal yearly sinking fund for paying rate fo.- in the principal of the new debt, accm-ding to this Act, or—in i„g f^^j, case the debt is payable under the provisions of section three hundred and thiiiy-two— for paying the instalments of princi- pal and interest as they respectively become payable. Sb V. c. 48, s. 248. 331 If the bv-law is for a work payable by local a.ssess- By-law for a ; , n •. work payable ment, it shall recite : by local assess- ment muHt (a) The amount of the debt which .such by-law is intended ^^^;,^^t ^,^j to create, and, in some brief and general tei-ms, the object tor object of debt whidi it is to be created : aluB able inte- Hink- 1(H> C'linij. 17 4. MUNICIPAL MATTKHS. [Title XII. Amount tu I,.. (/>.) Thf total aiuuunt ve(|uim] by this .\et to be raised misj..! an* .,„„„iilly by special rate for paying the debt ami interest under mially; .111 the by-law ; Value of real (,'.) The value of the whole real property rateable under the property i.y.iaw, as ascertained and finally .leternimed as atoresaul ; rateal)le ; .' ' SiH'cinl rate for interest and Hinking fund, etc. Municipal council mal (d) The annual special rate in the dollar or per foot frontage or otherwise, as the case nia> be, for payhig the nitere.,t and creating a yearly sinkin- thirty years, if the debt is for gas or water works, and not'exceeding twenty years if the debt is for any other purpose) within which the debt is to be discharged ; such in- stalments to be of such amounts that the aggregate amount payable for principal and interest in any year shall be equal, as nekvly as may be, to what is payable for principal and interest during each of the other years of such period ; and may issue the debentures of the Municipal Corporation for the ainounts, and payable at the times, corresponding with such instalments, together with interest, annually or semi-annually, as- may be set forth and provided in such by-law "> Such by-law shall set forth the annual special rate to be raised in each year during the period of the currency of the debt which shall be suthcient according to the amount of rateable property appearing by the last revised or revised and equalized assessment rolls l)efore the passing of the by-law, to discharge the several instalments of principal and the interest accruing due on said debt, as the said instalments and interest become res- pectively payable, according to the terms of said by-law ; and, in cases within this section, it shall not be necessary that any provision be made for the creation of a sinking fund. 36 V. c. 48,8.250. By laws for 338. Every by-law (except for drainage, as provided for raising money ^^ler the five hundred and twenty -ninth section of this Act, ^"vex'i.enr or for a work payable entirely by local assessment) for raising must (with upon the credit of the Municipality any money not required tor What by-law shall set out. [Title XII. let to lio raised 111 interest under itoable under the as aforesaid ; per foot frontage, the interest, and '. principal of the pal, af'cording to I case the debt is lee huiuired and principal and in- ty of the special rity only. 36 V. ontracting a debt, tlunicipal Council ch debt repayable )f the period (not s or water works, t is for any other charged ; such in- lomeiiate anrount • shall be equal, as cipal and interest d ; and may issue 1 for the amounts, 1 such instalments, annually, as- may special rate to be urrency of the debt mount of rateable vised and equalized y'-law, to discharge i interest acciniing nterest become res- ' said by-law ; and, necessary that any :ing fund. 36 V. c. je, as provided for section of this Act, issment) for raising ley not required for Title XII.] MUNICIPAL INSTITUTIONS. Chap. 174. 101 certain exce])- tiims) receive assent of elec- tors. Kxceptiim as to county by-law for con- tr.icting extra debts not ex- ceeding' in any year «20,000. Certain by- laws of county council not to be valid, unless passed at meeting speciallycalled and held three months after notice, &c. itM ordinary expenditure, and not payable within the same mu- nicipal year, .shall, before the tinal pa-ssing thereof, receive the assent of the electors of the Municipality in the manner pro- vided for in the two hundred and eighty-sixth anibmitting the same for" the assent of the electors of such County or Counties, for contracting debts or loans, any sum or sums not exceeding in any one year twenty thousand dollais over and above the sums required for its ordinaiy expt-nditure. 3(! V. c. 48, s. 2.')1. 384. No such by-law of a County Council for contracting any such del it or loan for an amount not exceeding in any one year twent}' thou.sand dollars over and above the sums ivipiired for its ordinary expenditure, shall be valid, imless the .same is passed at a meeting of the Council specially called for the purpose of considering the same, and held not less than three months after a copy of such by-law, as the same is ultimately passed, toge- ther with a notice of the day appointed for such meeting, has been published in some newspaper issued weekly or oftener within the C'(mnty (as constituted for judicial purposes), or if there is no such public newspaper, then in a public newspaper published nearest to the County, which said notice may be to the etl'ect following : — The abdve is a true copy of a proposed by-law to be taken into consider- Form of ation by the Municipality of the County {or United Counties) of , notice. at , in the s lid County (or United Counties), on the day (jf , 18 , at the liour of o'clock in the noon, at which time and place the members of the Council are hereby re(iuired to attend for the purpose aforesaid. Cr. n. , Clerk. 37 V. c. 16, s. S. 40 y. c. 7, Sohed. A (175.) 99S. Where part only of a sum of money provided for by a When part by-law has been raised, the Council may repeal the by-law as ™/7e*fi*an^'5ri;^M:^r.^ 102 Chap. 174. MUNICIPAL MATTERS. [TiTLK XII. altur a l.y-law P.ovi.lii.g any such rate, so as to diiuiuisli tho alLunt to 1.0 lek-a una"r th'e by-law, except in the ^a-s herein Exception, authorized, and shall not apply to any other P"^?-; «;^> '^^ of the eorp..ration which, not havn.- been 1^^ ^^^ ^ "^^^^^^^^^^ wise appropriate.1 by any by-law or vos.^;>tion has been aucct eel to be applie+. No ..fficerto 3a7. No officer of the Municipality shall neglect or ix^fuse neglect, etc. , . j,,^,, ^.f^-^.^t a by-law for i.aynio' a .lebt un.lei colo u ol ^;Kr ^iIh-v illegally attempting to repeal suclU..t .ueniKmed piyu.ont uu- ,^^.^^^, ,„. ^o alter the same so as to .Uimnish the amount to illegal l.y-law, be levied under it. .30 V. c. *», s. z.).>. Municipal councils may purcliiuie pub- lic works, etc., and contract debts to Crown, althous,'li no gpecial or other annual rate Hettled. aaK Any Council may contract a debt to Her Ma.iesty m the purchase of any of the public roads, harbours bridges, ildg. or other public woris in Ontario, whether belonging o th s Province or to the Dominion of (.'anada, j'Vf.r^S ' in respect of such works, and may exc'cute such ^« ^ /\ ^'^ ,' covenants, and other securities to Her Ma.jestv, '^^ ^ ^ Counc 1 may deem fit, for the payment of the price of any such p^ he woik or claim alrea[^»^^ or imposed tS l)e levied in each year, as foviaedbj sections three hundred and thirty to three hundred and thuty-two ot this Act. 30 V. c. 48, s. 256. Bate.n.avbe 389. The Council may in any by-law to be P^T^ ^^^^^^ imposed f;.r . cveati.m of any such debt, or for the executing ol any ^uch ^S^. bonds, deeds, covenants, or other securities as - o^«-f J.^^^ ^^r ed with the Maiestv or in any other by-law to be passed by the Council, Sktld imposed .special Lte per amium, of -di a^nount^s the Council may deem expedient, in addition to all othei lates whatsoever, to be levied in each year upon the assessed rateable property within the Municipality, for the payment ami dis- TaJge of such debts, bonds, deeds, covenants or other secun- Ls,m- some part thereof, and the ^ t^« «1^^^\^^ ^^t thou-h the -ate settled or mipo^ed thereby is less than is XnveAhy the sections last mentioned; and the said sections S so fa^- as applicable, apply and extend to every such by- law, and the moneys raised or to be ^■Yf\^^":;i*^^,^'!!Jft^ in every respect as such provisions would extend or apply to any byiw enacted by aAy Coundl for the creation of any debt as provided in the said sections, or to the moneys raised or to be raised thereby. 36 V. c. 48, s. 2o7. Crown for Buch works. [TiTLK XII. (liiuinisli tlu' le cases hoiein )se any money viously othcr- as Itecn diiect- i. 254. gleet or refuse Hitler colonr of ist mentioned tlie auiount to lev Majesty in hours, 'bridges, ithei- belonging or of any claim h bonds, dee. In ease of excess. Sec. Mil ^ Date from v;hieh Taxes imposed. See. d4/. Priority of Detjentii res. (S'cf. 848. Povjer to Exempt from taxation. Seo. 341). Reduction of Special Rate. See. 350. Formalities' in By-law therefor. Sec. 3.j1. 340 The Council of evciy Municipal Corporation, and of eveiT Provisional Corporation, shall assess and l(n-y on the whole rateable property within its jurisdiction, a sufficient sum in each year to pay all valid debts of the Corporation, whethe. of principal or interest, falling .lue within the year, but no such Council shall assess and levy in any one year more than an ag- gi-egate rate of two cents in the dollar on the actual value, ex- clusive of school rates. 2. If in any Municipality the aggregate amount of the rates Pr-msum necessary fo^ the payment of the current annual exponse.s of w|n^^^^^^^^^^ the Muiiicipalitv an'i" pait of the general fund of the Municipality, and anpropiiation bo at the disposal of the C^ouncil, unless otherwise specially ap- of the balance. pj.^jpi.j^^^, J . j^,j^ jf ^^^y portion of the amount in excess has l)een collected on accoimt of a special tax upon any particular locality, the amount in excess collected on account of such spi'cial tax shall be appropriated to the special local object. 32 V. c. 3(i, ,s. 17. Yearly taxes 347. Tho taxes or rates impo.sod or levied for any year to be oomput- ^}^.^\\ J,,, cimsidered to have been imposed, and to be due on January, nn- and from the tirst day of January of the then current year, leHH otherwiHe {^ji(l end with the thirty-first day of Decendier thereof, un- less otherwise expressly provided for l)y the enactment or by-law under which the same are directed to be levied. 32 V. c. 30, s. 1 8. ordered. Priority of debentures. How rates for paying them to be calcu- lated. To lie ap))lied solely to such piirposes. 348. All debentures issued before the first day of January, in the year of our Loi'd one thousand eight hundred and sixty- seven, by Municipal ( 'orporations, under any by-law, and V)ased upon the yearly value of rateable propeity at the time of pass- ing such by-law, shall hold the oi'di-r of priority which tliey occupied on the said first day of January, one thousand eight luuidred and sixty-seven ; and each Municipal Corporation (having so issued debentures) shall levy a rate on the actual real value of the ratealjle property within the Municipality represented, sufficient to produce a sum equal to that leviable or produced on the yearly value of such property as established by the assessment roll for the year one thousand eight hundred and sixty-six ; and such rates shall be applied solely to the payment of such debentures, or interest on such debentuies, according to the terms of the by-law under which they were issued. Rate for sink- 2. In cases where a sinking fund is required to be provided, ing funds. either by the investment of a .sjjecific rate or amount, or on a rate on th(! increase in value over a certain sum, then such a rate shall be levied as shall at least e(iual the sum originally intended to be set apart. 32 V. c. 3G, s. 1 1. [TiTLK XI J. 1 (ItH'ius surti- iiiatus. IV> V. the Slims rc- o be made up Municipality. ileficiencN may is reipured, or tes, the balance nicipality, and ;e specially ap- t in excess ha« any particular 3C()unt of such il local object. for any year 1 to be due on a current yeai', 'r thereof, un- ! enactment or levied. 32 V. ay of January, Ired and sixty- -law, and l)ased le time of pass- ty which tliey thousand eight lal Corporation e on the actual 10 Municipality ;o that leviable y as estal)lished I eight hundred I solely to the ich debentuies, lich they were to be provided, mount, or on a m, then such a sum originally TiTLK XII.] MUNICIPAL INSTITUTIONS. Chap. 174. 105 a49. f:very Municipal Council shall have the power of ex- J';;;;;'|';/'f;^. empting any iiiaimfacturing estaVilishmcnt, in whole or in part, toritH from from taxation for any period not longer than ti-n years, and to tuxation. renew this exemption for a further period n(jt exceeding ten years. 3(i V. c. 48, s. 251) ; and »ee post s. 454 (5). 350. In case in any particular year, one or moie of the When the rate loUowing sources ot revenue, — namely : inw may here- 1 <• . 1 duced liy by- (a.) The sum raised by the special rate imposed tor the pay- law. ment of a debt, and collected for any particular year ; and (b.) The sum on hand from previous years ; and (t;.) Any sum derived for such particular year from the sur- plus income of any work, or of any share or interest therein applicable to the sinking fund of the debt; and ((i) Any sum derived from the tempoiary investment of the sinking fund of the del)t, or any part of it, and cairied to the credit of the special rate and sinking fund accounts respectively, amount to more than the annual sum re(]uired to be raised as a special rate to pay the interest, and the instalment of the debt for the particular year, and leave a surplus to the credit of such accounts, or either of them, then the C-l*7(KSW»ort'«*Ki^ > 106 ■\Vhnt fiinilM may lu' ho aj) liropriattid. Chap. 174. MUNMCIl'AL MATTEIW. [Title XII. The'Boiirces and applica- tion to De stated. When moneys retained Huih- cient, the year- ly rate may be suHpended for the ensuing year. By-law must recite — The original debt and object. The amount paid. Tlie annual amount for sinking fund. The amount for sinking fund in band. The amount required for interest. And that it i.s reserved, etc. 1. Tlu' Council may cany to tin.' credit of the sinking fuinl account of the (U-bt, as nmcli m may ho necessary for the pur- pose aftjresaid ; (a.) Of any money at the credit of the special rate account of the deht l)evond 'the interi'st on such debt for the_ year fol- lowin-,' that in' which the anticipatory appropriation is niatle; (b.) An;»;; a r Ml to the cn.lit of the siukin- fund aecouut a sun, sufficien to ...e't the sinking fund appropriation (nunnng the an.ount of it) for such year; « No such by-law shall be valid indess approved by the Lieu- J^'y^.i^.'^'ea by to.m,U-( Invernor in Couneil. S(i V. c. 48, s. 203. U^- ^ov- aa4 After the dissoh.tion of any Municipal T^nion, the So uor AnU.i,;«tc^-^ bv tlu bv-law. in the sanu! n.anner as tlu- Semor Munic.pahty „-u.dit do on its own behalf. 3(5 V. c. 4S, s. 204. TITLE III.— RESPECTING FINANCE X)iv I —Accounts and Invkstmkxts. [),v; II.— Commission of Inquiuv into Iinances. Division L— Accounts and Invkstments. Accoont.for Special Rate and SMing Fund Sec 3.55. Surplus on Special Rate, Apphcnt'on of. SecSob-Soi. ' Surplm on Special Rate, I,yveMmentofSec.i^^ii. General Surplus, AppUcatwnqf. See ^^^'^f^^- Unauthorized Application, Liability for. Sec. 30i. Yearly Returns to Government. Sec. .i(j.i-,JU*. 9SS The Council of every Municipal Corporation shall keep '^^^'^be m itsbooks two separate accounts, one for the specia rate and kept;!, of the on fo^ the Zkin^ fund, or for instahuents of W-^<^^V-IoItAT^^- Zry debt, to be both '^f T^taln^;;:^^^^^^^^^ M^-^ "^ the books by some prehx designatmg the purpose loi wm^ principal. the debt was'^.ontracted, and shall keep ^^^.^^^f JXthts^he any others that are necessary, so as to exhibit at all times the Se of every debt, and the amount o^ moneys raised obtained and appropriated for payment thereof. 30 V. c. 4b, s. ^Oo. 356. If. after paying the interest of a debt jnd a™^^^^^^ IXlS^a in.v the necessary sum to the sinking fund of such debt, oi to next year's in'paym nt of aV instahnent of prindpal, for any finance -^.-^ year there is a su/plus at the credit of the special rate account j^„,, 'of such debt, such Surplus shall so remain, and ™Y be ajpUed if necessary, towards the next years '^^^1^^^;^^^^^ nlns exceeds the amount of the next year s nteiest, the excess Site carried to the a-edit of the sinking fund account, or in payment of principal of such debt. 30 V. c. 48, s. 200. ■««:»->»»=^iJK? a.ilrrT=!«P«i«*««««"»»t''-'^'i*tea»*^»'''" .*-y* s«: i ' '. *' ■"»■'■ ' *- ^ "»- iglJ '" lOS Chap. 174. MUNICIPAI, M.VTTKRS. [Tm.K XIT. ; mmii'yx with CtUlHt'Ilt ' or(k'r, fliifct that such part of tlic jiioihicf of the spcciai rato Ifvu-d, ami at the credit of tlir siiikiii^f fnml account or of the spt-cial rati! account a.s aforesaid, instcail of hciiiff .so invcstutl a.s lu'icinaftir provi(h'd, shall from time to tinic, as the saine accrues, lie applied to tlie payment or redemption, at such value as the said Council can a;,Mee for, or of any part of such deht or of any of the dehentures repre,sentin<,f or constituting such deht, or any part of it, thou^li not then ])ayalile, to he si lected as provided in such order, and the Municipal Council shall thereU])on apply and continue to apply such part ( i" the pro- duce of the special late ut tlu.' credit of the sinking fuml oi' .special late accounts, as diroctetl hy such order. M(i V. e. +8, s. 'Hu. Surplw mivy SI^IN. If an V part of the pro(hice of tile special rate levied iertairoasL!" "> lesp.'ct of any deht, and at the credit of the sinking fund account, or of the special rate account thereof, cainiot he imme- diatvly a])plie(1 towards paying the delit hy reason of no part thereof lieing yet payahle, the ( 'ouncil shall from time to time, invest in (iovernment securities oi' otlierwise, as the Lieuten- ant-Ciovernor in Council may direct. .*Ui \'. c. IH, s. 208. Council may 3t{0. Every such ( 'ouncil may appropriate to the paymtmt of fund« towards «^"y "l^'ht the surplus income derived from any puhlic or corpo- such debtH. ration work, or from any share oi' interest therein, after paj'ing the annual expenses thereof, or any unappropriated money in the treastny, or any money raised l)y adtlitional rate; and any money so appropriated .shall he carried tu the credit of the sinking fund of the debt, or in payment of any instalment accruing due. 30 V. c. 48, s. 20!). Certain 360. Any -.tunicipal Corporation having surplus moneys be'BeTS "leriA-ed fron\ " The Ontario Municipalities Fund," or from any foreducational other source, may, hy hy-law, set such surplus apart for educa- pun'oses. tional pnrposes, and invest the same as well as any other moneys saml!*'"*'"* "^ li^'J'l I'V «"fl» Municipal Corporation for, or hy it lawfully appro- priated to, educational purposes, in puhlic securities of the Dominion, municipal dehentures, or in first mortgages on real estate, held and used for farming pinposes, and being the first lien on such real estate, and from time to time, as such .securi- ties mature, may invest in other like securities, or in the securi- ties already authorized l»y law, as may he directed hy such hy-law or by other l)y-laws passed for that purpose. 2. No sum so invented shall exceed two-thirds of the value of the real estate on which it is secured, according to the last revised and corx'ected assessment roll, at the time it is so in- vested. 30 V. c. 48, s. 270. See Rev. Stat. c. 28, s 7 ; and c. 204, s. 1)3. PfovIho : OH to invest- ment. i Loans to 861. Any Municipal Corporation having surplus moneys set school truKtees. apart for educational purposes, may, by hy-law, invest the same [Titm: XII. niiiy, liy t)rik>r, ciiil rate Ifvii-d, !• (»t' tilt' special HO invcstfd OH I', as tilt' sanio II, at Hucli valui' of such tlcl>t 01' istituting siicli ', to In' s< Icctofl il Council shall art ( r the pro- ' ^ ^^lil^rS,.. 'rift to aif - n ja ^^ monevHas are^lK'ntione.l in this A.ct, by or on behalt ot the i„ve«t,nent. corporation of which he is a member, ..therwise than is author- ized bv this Act, or by tlie seventh section of ^^ Jo^ »^''/«'<•^t' // Rev. Stat. c. the Clerrpi Rexervr., or by any other law in that belml made -is. «. 7. and provided, and any such person so doing shall be held per- ^.^^^^^^^ (.„. sonally liable for any" loss sustained by such Corporation. M> Iohh. V. c. 48, s. 272. :I63. The Treasurer of every Municipality for which any M^^^^^^^^ sum of money has been raise.l on the credit ot the Consolidated '^^'\ Municipal Loan Fund, .shall, so kmg as any part «* «"-^^;\';;> iXlnnll"' or of the interest thereon, remams unpaid by «uch Muniu- ^^^^^^^ ^„ pality, transmit to the Treasurer of Ontario, on or before the p.„wn^^^ tifteJnth day of January in every year, a return, certihed on rreanurer. the oath of the Treasurer before some Justice of the Peace, containing the amount of taxable property m the Municipality according to the then la^t a,ssessment roll or rolls ; a tme account of all the debts and liabilities of the Municipality, foi every puq^ose, for the then last year ; and such further infor- rnatbn ami particulars with regard to tne uabihties and re- sources of the Municipality as the Lieutenant-Governor m Council may from time to time require, under a penalty , in ca,se j,^^^,^^ ^^^ of nei'lect or refusal to transmit the return, account, mtorma- ,,,f^„it. tion or particulars, of one hundred dollars, to be recovered with costs as a del>t due to the Crown. 30 V. c. 48, s. 273. 364. Eveiy Council shall, on or before the tbirty-first day Every cw^^^^ of January in each year, under a penalty of twenty dollars in ^lX%lori case of default, to be paid to the Treasurer of Ontario transmit of state of ?^ the Lieuteimnt-Golernor. through the Provinc ml Secretary, aebijao^„, an account, in such form as may be prescribed from time to Governor, etc, time by the Lieutenant-Governor in Council, of the several debts of the corporation, as they stood on the thirty-first day of December preceding, specifying in regard to eveiy debt ot which a balance remained due at that day, The original amount of the debt ; The date when it was contracted ; The days fixed for its payment ; The interest to be paid therefor ; What Buch report must show. ,^A — .-1 no (.'hap. 174. MrNicM-Ai. M.vni us. [Trri.K Xll rt. TIk' rnU' piovwl.'tl fur tin- r.Mlciiiption of thf dfl't au'l inteivHt ; " "^"^^^l' tliiity-HiHt (lay of Dieeuihcr ; 7. Tlu- portion (if any) of Uu- di-l.t n-.lccnu'.l or paid during Htich yi'ar ; «. Thcaiununt of intcrcHt (if any) unpaid on such last nit^n- tiont'tl day ; and !», The Italancf .still duo of the principal of thedoht. S6 V. c. 48, s. 274. Division II.— Commission of Inquiry into Finances Mlieii ijfimtnl. Sec. 'Mio. Expenneg of. Sec. liWt. lies. In case ojie-third of the members of any Council, or thiity duly tjualitied electoi-s of the Municipality, petition for a coimnission to issue under the (Jreat Seal, to nKpure nito the financial aHiiirs <.f the Corporation ami things connected there- with, and if suthcient cause is shown, the Lieutenant-Governor in Council may issue a comnnssion accordingly, and the com- nnssioner or the connnissioners, or such one or more of them as the connuission enii)o\vers to act,, shall have the same power to sunnnon witnesses, enforce their attendance, and compel them to produce dociniients and to^give evidence, as any ( 'ourt has in civil cases. 3(5 V. c. 48, s. 275. Exvwiises of 366. The expenses to be allowed for executing the commis- Huch commis- ^jo^ ^i^aH be determined and certified by the Treasurer ot On- f^ i""''*''"^' tario, and shall thenceforth become a debt due to the commis- sioner or commissioners by the Corporation, and shall be payable within three months after demand thereof made by the commissioner, or by any one of the commissioners, at the oflice of the Treasurer of the Corporation. 30 V. c. 48, s. 276. When ft com iiiiMHion of iiii|uiry iiiiiy inHUK. TITLE IV.— ARBITRATIONS. Division I. — Appointment of Arbitrators, Division II.— Procedure. Division I.— Appointment of Arbitrators. How appointed. Sece. 367-371. \ir«v**«t.-^'-=—^'«^^e;'a»fi-^*! «»='«■*< .---■* [TiTI.K XII. the (It'lit anr((l prop'^ti/, <£•<;. Sirx. :V7:J-:W4. Wh<'r<- scirriil inlerrslK. S*itn»dix(i>i.nllfu'd. iii'C.'M>^. 167. The appointment of all arbitrators shall be^ in writin- ^lw"^^\^^'^^'' vY the hands of the appointers, .>r in case of a Corporation. „,^,,^, manner as :i6r. under the haiuls of the appi , • ,.■ under the corporate seal, and authenticated m lik.j a by-law. .% V. c. 4«, s. 277. 36H. The arbitrators m behalf of a Municipal Cc.rnoration (M^^^^^ shall be appointed by the (Jouncil there(.t, '»'• hy tlie btwl „„,y „,,,,.,j„j thereof, if authorized by a by-law of the Council. 30 V . c. 4^s, for nMiH- H. 27«. :i«0. In cases where arbitration is .lirecte.l by this Act M-w a^, either party may appoint an arbitratoi-, anVl>en^^e^ terested each of th^ Shall appoint an arbitrator, a,nd m such nicipaiitien. case, if there is an e(,uality o^' arbitrators, the arbitrators so appointed shall appoint another arbitrator, or in (lefault, at the expiration of twenty»-qpe days after such arbitratdr* have been appointed the Lieutenant-Governor in Council may, on the ap- plication of any one of the Municipalities interested, appoint such arbitrator. 36 V. c.-48, s. 281. .-;•«'." 5. In case of an arbitration between Municipal Corpora- Pn^v^ion^^^^^ if for twenty-one days, or incase the arbitration is le- toapjwint. 373 spTctin" drainare'works^ Then, "if fortwenty days after hav- Jf-ceived such notice, the party notified omits to appoint an arbitrator ; or if for seven days after the second arbitrator has been appointed, the two arbitrators omit to appoint a third arbitrator, tLn, in case the arbitration is between Townships or between a Township and a Town or an incorporated Vil- Le the Judge of the County Court of the County within which the To^ships, Town or incoi-porated Village are or any of them is situate, or in case the arbitration is between othei Municipalities, the Lieutenant-Governor in <^«".""1 may ap- point an arbitrator for the party or arbitrators m default, oi a third arbitrator, as the case may require. 30 V. c. 48, s. 282. 112 < 'liiip. 174. MINUII'AI, MATTKUS. [TlTI,K XTT. Iiijiirrd liy Miniii'i|>itl ('iirjMiratiiiiK Ari.ltmtii.u ivH :iT!l. Ill CUM' oriiiiiul.itrutioiilM-twr.-iiii Miinici|ml Coipum- tii ifiil |ini|Mr- ^j|„, ,j,,,| ,1,,, owiH'ls III- cM'cllliirrs of, or otlliT persons intrlfstt'y till' CoriHda- iiiouslyaH't'C'tt'd (crMiiii iiitt'it'stcil ■ to the licad of tor to (Ictcriniiif led, tlu" liratl of itliiii scvt'ii (layx 'It'of to tlu'OtlltT vliat [lowt'is till' roprity,(lL'MClil>- . (177.) [1, if after sorvico L'sti'd in, tliopro- tnic copy unilfi' >r or occupier or ays to naiiu' an 1, the Council or an ail)itrator on f to such ownoi', tor shall, within is hehalf. 30 V. ,vinff distinct in- c C!orpi nation is to in the three ,f-law in that he- nterested in the part thereof, and ise the hy-law or iuis of all should, if by one award, )f seven) days to jointly appointed shall have power H. 285. n so interested, or nt of authority in rafcor within seven ersons having dis- arbitrator within o, or if the two ar- ppointnient of the n a third arbitra- v neglect to act, inty in which the ?ither party, shall without the limits of the Muiiieipality in which the property in ipiestion is situ- ati', to act for the party failing to appoint, or as such third arbitrator-, or in the steiid i.f ihr arliitrator rrfiising or lie glecting to act, and such aibiti-atoi!4 >.S(i; 40 \'.v.l,Sihe»w..rn. (or in ca.se of those who by law attirm, make and subscribe the following affirmation) before any Justice of the Peace : " I (A. B.) do swoar (or afHrm) that I will well and truly try the matters Form of osth referred to mo by the parties, and a true and impartial award make in the premises, according to the evidence and my skill and knowledge. So help me God." 36 V. c. 48, fl. 289 380. The arl)itrators shall, within twenty days after the Time of meet- appointment of the third arbitrator, meet at such place as they "'*>'• *''• may agree upon, to hear and determine the matter in dispute, with power to adjourn from time to time, and shall make their award in writing, and, if the arbitration is respecting drainage works, in triplicate, which shall be binding on all parties, and one copy thereof shall be filed with the Clerk of each of the Munici- palities interested, and one shall, in case the arbitration is res- pecting drainage works as aforesaid, be filed with the Registrar of deeds for the County or other Registration Division in which the lands affected are situate. 36 V. c. 48, s. 290. 381. The arbitrators 8 shall have power to award the pay- Costs, > 114 Chap. 174. MUNICIPAL MATTEB8. [Title XII. ment by any of the parties to the other of the costs "f the arb - trationfor of any portion thereof, and may either duect the payment of a fixed sum, or that such costs shou d be taxed on either the scale of Superior Courts of Common Law, or of the County Courts, in ^^lli<•h case such costs shall be taxed by the officer in the CJounty of the proper Court, without any further onler, and the amount shall b. payable one week after such taxation. Revision by the principal othcor at Toronto may be ha.l upon one week'.s notice and an appeal to a Judge in the usual manner. 3U V. c. 48, s. 291. 38a In case of a difierence between the arbitrators, the de- cision of the majority of them shall be conclusive. 30 V. c. ^8, s. 292. he 383. In the case of any award under this .Vet, which does , , not require adoption by the Councilor in ca,se ot iny award to ukenla which a Municipal Corporation is a party and wnich is to be mea in'certiun j^adc in pursuance of a submission containing an agreement that this section of this Act should apply thereto, the ai-bi- trator or arbitrators shall take, and nnmediately after the making of the award, shall file with the Clerk of the Council for the inspection of all parties interested, full notes of the oral evidence given on the reference, and also all documentary evidence o^- a copy thereof ; and in case they proceed partly on a view or any S>.ledg3 or skill V^^^^ ^.^^^^^ Majority to decide. Notes of the evidence Grounds of di'cision, etc ri,.piKinn etc a vicw or anv KnOiVieugu ui bivhi |jw,-.ov,.„.v.v. ..j t. w;t«?in l^'Z them, they shall also put in writing a statement thereof wiitintf. y.. . ,, .; 11 / -11 j.i.„ n^,,^+ +ri fm-tn n. iiidnment oi tne Award to be binding in certain cases, must be adopted by by-law within a certain time, ^'''^'- sufficiently full to allow the Court to form a judgment of the weigh; which should be attached thereto. 36 V. c. 48, s. 236. 384 In case the award relates to property to be entered up- on, taken or used as menvioned in the three hundred and seventy- third section, and in case the by-law did not f.^thorize or profess to authorize any entry or use to be made of the property before an award has been made, except for the purpose of survey or in case the by-law did give or profess to give such authority but the arbitrators find that such authority had not been acted upon, the award shall not be binding on the Corporation unless it is adopted by by-law within six weeks after the making of the a,vaid ; and if the same is not so adopted, the ong nal by- law shall be deemed to be repealed, and the property shall stand as if no such by-law had been made, and the corporation shall pay the costs of the arbitration. 36 V. c. 48, s. ^y*. 383 Every award made under this Act shall be in writing under the hands of all or two of the arbitrators^ and shall be arbitrators, subject to the jurisdiction of any of the Superior Courts of Law and subject to ^^ Equitv, as if made on a submission by a bond containing an cS" agre4ent for making the submission a rule Or order of such Onir. ; and in the ca?es provided for by the three hundred and eiehtv-third section, the Court shall consider not only the lega- lity of the award but the merits as they appear from the proceed- Award to be made by at least two arbitrators, [Title XII. : costs of the arbi- cither direct the hould be taxed on )n Law, or of the U be taxed l)y the thout any further e week after such it Toronto may lie to a Judge in the irbitrators, the de- aclusive. 30 V. c. Title XII.] MUNICIPAL INSTITUTIONS. Chap. 174. 115 in<,'sso filed as aforesaid, and may call for additional evidence to J!'^JJ'^'^."/«*„J,'j, he taken in any manner the Court directs, and may, either with- matter"''" out taking such evidence or after takin|jf such evidence, set aside the award or i-emit the matters referred, or any of them, from time to time, to the consideration and determination of the same arbitrators, or to any other person or persons whom the Court may appoint, as pre.scribed in " The Common Law Pro- cedure ^oV,"and fix the time within which such further or new award shall be made, or the Court nmy itself increase or diminish the amount awarded or otherwise modify the award, as the justice of the case may seem to the Court to require. 36 V. c. 48, 8. 296. llev. .50. Stat. c. lis ..Vet, which does ,se of my award to and wnich is to be [ling an agreement ■ thereto, the arbi- lediately after the lerk of the Council, ill notes of the oral all documentary y proceed partly on id by themselves 6r a statement thereof [1 a judgment of the 36 V. c. 48, s. 293. by to be entered up- undred and seventy- authorize or profess the property before •urpose of survey, or give such authority, ' had not been acted e Corporation unless after the making of >ted, the original by- the property shall and the corporation V. c. 48, s. 294. !t shall be in writing litrators, and shall be perior Courts of Law 1 bond containing an rule or order of such le three hundred and ler not only the lega- ear from the proceed- TITLE v.— DEBENTURES AND OTHER INSTRU- MENTS. To be under seal and bear signature of head. Sec. 386. Railway Debentures. Sec. 387. Defects in form. /Sec 388. Local Improvement Debentures. Sec. 389. Transfer of Registered Debentures. Sees. 390-393. No issue under SlOO. Sec. 394. Restrictions as to Banking. 29-30 V. c. 51, ss. 218, 219. p. 1701. 386. All debentures and other instruments duly authorized j^^^^J^"*^^^"' to be executed on behalf of a Municipal Coi-poration shall, unless i,ow to be' otherwise specially authorized or provided, be sealed with the executed, seal of the Corporation, and be signed by the head thereof, or by some other pei-son authorized by by-law to sign the same, otherwise the same shall not be valid, and it shall be the duty of the Treasurer of the Municipality to see that the money col- lected under such by-law is properly applied to the payment of the interest and principal of such debentures. 36 V. c. 48, s. 296. [Section 217 of 29-30 V. c. 51, is as follows :— 217. Any such debenture issued as aforesaid shall be valid and recover- able to the full amount, notwithstanding its negotiation by such Corpora- ti<' . at a rate less than par, or at a rate of interest greater than six per centum per annum, or although a rate of interest greater than six per centum per annum is reserved thereby or made pay ible thereon.] 387. Any debenture issued in aid of any railway, or for any bonus,' signed or endorsed and countersigned as directed by the by-law, shall be valid and' binding on the Corporation without the corporate seal thereto, or the observance of any other form with regard to the debenture than such as may be directed in tKe by-law. 36 V. c. 48, s. 297. Frill amount recoverable, though negoti- ated atinterest exceeding 6 per cent or below par. In certain caHes, deben- tures valid without corpo- rate Heal, Ac, gc^«^;.-.ii.rp.n. 116 Chap. 174. MUNICIPAL MATTERS. [Title XII. Form of de- benture. preBcnt Debentures 38S. Any .lebonturos issued under the authority of any l>y- valid u..twith. law whjch has lieon promulgated under chapter torty-eiglit ot feet iK; the Acts passed in the tliirty-sixth yearof Her Majesty's reign or under this Act, shall be valid and binding upon the corporation, Proviso. notwithstanding any insutHciency in form or otherwise of such by-law, or in the authority of the corporation in respect there- of : Provided that the saiil by-law is in accordance with sub- sections one to five, both inclusive, of section three hundre(l and thirty, or in accordance with section three hundred and thirty-two, and has received the assent of the electors where necessary, and that no successful application has been made to quash the same before the end of the next Term after the pro- mulgation thereof. 3G V. c. 48, s. 298 ; 39 V. c. 7, s. 2 (Sched.) 389. Every debenture issued under the sections of this Act numbered five hundred and fifty-one, five hundred and fifty- two, and five hundred and fifty-three, shall bear on its face the words " Local Improvevient Debenture," and shall contain a reference, by date and number, to the by-law under which it is issued. 36 V. c. 48, s. 299. Modeof tranH- gg^ ^^^ (je][jentures to be issued by any Municipal Council ""^ ""nLd. may contain a provision in the following vv ords : " This debenture, or any interest therein, shall not, after a certificate of ownership has been endorsed thereon by the Treasurer of this Munici- pal corporation, be transferable, except by entry by the Treasurer or his deputy in the Debenture Registry Book of the said Corporation at the Town (or Village) of ," <>r to the like effect. 36 V. c. 48, s. 300. 391. The Treasurer of every Municipality issuing any de bentures containing the provision in the last section mentioneil, shall open and keep a Debenture Registry Book, in which he shall enter a copy of all certificates of ownership of debentures, which he may give, and also every subsequent transfer of any such debenture ; such entry shall not be made except upon the wi-itten authority of the person last entered in such book as the owner of such debenture, or of his executors or adminis- trators, or of his or their lawful attorney, which authority shall be retained by the said Treasurer and duly filed. 36 V. c. 48, s. 301. Registered 392. After such cei tificate of ownei-ship has been endorsed debentures ^s aforesaid, such debenture shall only be transferable by entry, eTrvTtf ^ by the Treasurer of the Municipality or his deputy, in such Debenture Registry Book, from time to time, as transfers ot such debenture are authorized by the then owner thereof, or his lawful attorney. 36 V. c. 48, s. 302. 393. The Council of every Municipality may authorize its head, with the Treasurer thereof, under the seal of the Corpora- tion, to borrow from any person or bank such sums as may be required to meet the then current expenditure of the Corpo- Debentute registry book. Council may authorize the borrowing of gnniB to pay current expenses. -Bvp'Mjr.**^ ,^«c--*-^ aF%:B'-"yyya.'*aart'tgY a w:.g.w ** K%- ;*^^«SSt is««?:s»i*.»tea=i*.t«WMMI*W*.-^ p-"a^wp~ [Title XII. y of any ^ty- )rty-ei^ht of sty's reign or corporation, •wise of such L>spect there- e with sub- ree hunth-ed luindreJ a.nil ectors where )een made to ,ftor the pro- , s. 2 (Sched.) IS of this Act ed and fifty- • on its face shall contain ider which it icipal Council ir a certificate of p of this Munici- Treasurer or his rporation at the ^ c. 48, s. 300. suing any de on mentioned, , in which he of debentures, ransfer of any scept upon the such book as •rs or adniinis- authority shall , 36 V. c. 48, been endorsed rable by entry, eputy, in such as transfers of Tier thereof, or Y authorize its of the Corpora- urns as may be ; of the Corpo- TlTLE XII.] MUNICIPAL INSTITUTIONS. Chap. 174. 117 ration, until stich time as the ta.Kes levied therefor can be col- lected, and the Council shall by by-law regulate th.> amounts to be so borrowe'l and the promissory note or notes to be given in security therel'or. 3(1 V. c. 48, s. 303. 394. No Council shall, unless specially authorized so to do, JJ[i*^^';^'J*^';i|«^- make or give any bond, l)ill, note, debenture or other undertak- l',';,S,oJl,i, «" .^' in<',for the paymi-nt of a less amount than one hundred dollars; etc., to l.e and any bond, bill, note, debenture or other "ndc-rtakinggj^'™*'''' issued in contravention of this section, .shall be void : but nothing herein containe»"r:^--li 't^rsie^^S^^^iafiartlww^^CTiSsffliMPWM*^^^ [Title XII. RATE. Police and ft Places of E of CORl'O- Comitatv.i^. . 395-397. Sec. 396. y4atV8. Sees. of every Town, ),be Ju.stice.s of nties, in which 1 Cities shall be 8, s. 806. ere is no Police 1 to his other offences against ies for refusing declarations of ,n, after taking mil be required ny further oath , 36 V. c. 48, inty shall have w of any Muni- Magistrate. 36 ist a by-law of a other provision ■isdiction in the the offence was I the Council or for the offence. Title XII.] municipal institutions. Division II.— Pknalties. Chap. 174. 119 Recmiery and enforcement thereof. Sec. 400-402. Where offence iuj'ii iiKt Bn-Lnm. Sn: 401. Api)Uc(iiion of pi'nultiex. S"x:. 403. 400. Every tine and penalty imposed by or under the autho- it^;;v;';y.^'^'d^ rity of this Act may, unless where other provision is specially pe„aitieH. made therefor, be recovered and enforced with costa, by sum- mary conviction, before any Justice of the Peace for the County, or of the Municipality in which the offence was committed ; im„ri„onment and in default of payment the offender may l)e committed to in default of the Common Gaol, House of Correction, or Lock-up House of i y" • such Couilty or Municipality, there to be imprisoned for any tune, in the discietion of the convicting Justice, not exceeding, (unless where othtr provision is specially made), thirty days, unices such tine and penalty, and costs, including the costs ot the committal, are sooner paid. 36 V. c. 48, s. 315. 401. The Justice or other authority before whom a prosecu- .^e«;alt>|« tion is had for an offence against a municipal by-law, may ,,yli^^«. convict tlie offender on the oath or affirmation of any credible witness, and shall awartl the whole or such part of the penalty Award of or punishment imposed by the by-law as he thinks fit, i^.>alty an.l with the costs of prosecution, and may by wan-ant, under the hand and seal of the Justice or other authority, or in case two or more Justices act together therein, then under the hand and seal of one of them, cause any such pecuniary penalty and costs or costs only, if not forthwith paid, to be levied by distress and How levied, sale of the goods and chattels of the offender. 36 V. c. 48, s. 317 40a. In case of there being no distress found out of which (^"..mtmert the penalty can be levied, the Justice may commit the offender ^j.^^^^^^ to the Common Gaol, House of Correction, or nearest Lock-up House, for the term, or some part thereof, specified in the by- law. 36 V. c. 48, s. 318. 403 Unless otherwise provided, when the pecuniary penalty Finen, how has been levied under this Act, one moiety thereof shall go to applied, the informer or prosecutor, and the other moiety to the Muni- cipal Corporation, unless the prosecution is brought in the name of the Corporation, in which case the whole of the pecuniary penalty shall be paid to the Corporation. 36 V. c. 48, s. dl J. [See as to suvimary method of enforcing by-laws Sec. 45; ■] Division III.— Wiin esses and Jurors. Witnesses, who may be. Sec. 404 >^jmmmm^mtm 120 Chap. 174. MITNU'IPAI, MATTERS. [Title XIT. r will) may be a witnesH. Riitt'iiayers, member!*, urti cerH, &c., of cdrpiiratioTi coijiiietent witneHseH- may lie dial- Ifii^'ed of> jurors. Comi'elHng wtnesnes to attend, &c. Riitcpdncrx, nmnhcvH, <>(}i(;ers, that on the day of , A.D To Wit. ) , at , in the Coimty of , A. B. is convicted before the undersigned, one of Her Majesty's Justices of the Peace in and for the said County, for that the said A. B. (stating the offeme, mid time anfi place, Mid vhen and where com- mitted), contrary to i certain by-law of the r.Iumicipality of the of , in the said County of , passed on the dayof , A.D. , and iniitnl&d {recitiruj tlf hd' >'' the by- law) ; and I adjudge the said A. B., for his said offence, l. (vrfeit and pay the sum of , to be [)aid and applied according to law, and »^r"r» - ;=^^:^!»*S^ifc^^f>^ !!■._ .js^-je^^^^arf^-^&^^&wa^t^ v^5f^*^'^Tg^^ [Title XII. lal rates next lave a goiu'ral y Hhall atlf ^^^^'^^ v^ommissioners of Police, and in every Town having a Police e^'^fp'oi Magistrate the Council may constitute a like Board ; and such cities a.m\ com- Board shall consist of the Mayor, the Judge of the County Court ^^'^or of the County in which the City or Town is situate, and the posed. Police Magistrate ; and in case the office of County Judge or (S^qEWiJUW?^"- 124 Hmp. 174, MUNICIPAL MArrKKM. fTlTI,K XII. i- I'llWlTH IIH to WitlU>H«»'S. AJiijority to c'ciiixtitiite a (|U(>niin. Lici'iiKiiit; livi'ry MtiiMcH, fiibM, eti'. Sliall iimki' by-luWH. tliixt lit" I'oliff Ma<,Mstiati' is vacant, the C«)uncil of the City sliull anil tlif ( 'omuil of tlif Town may appoint a person ivsi.lint tlu'ivin to lie a nii'mlwr of the Hoaitj, ortwo jM-rsons so ifsidt-nt to \ny nicinlit'iH tluToof, as the caHc may rc(|uirn, dinin-,' svicli vacancy : Imt tin- Council of any such Town may at any tiiiif, hy l.y-law.ilissolvfand put an<'nilto the Hoard, ami tlicrcafter the Council shall have and exercise all powers and duties pre- viously luid or exercised l.y the Board. S7 V. c. Ki, s. !(). 414. Such Connuissioners shall have p(»wer to sunnuon and examine witnesses on oatli in all matters connected with the administration of their duties; and a majority ()f the Hoard sliull constitute a !gyafe' [TitlkXII. ncil (if tbf City a |U'rson rrsitltiit fi'sons so it'sidt'tit uii(s dmiiij,' Hvieli may at any tiiiif, ■«1, ami tlicrcaftor s ami (lutit'H pre- . c. Ki, s. 10. r to suiimion ami riiu'cttd with the ity of till- Hoanl iiiaioritv shall hf , im, M7 V.c. 16, ; sliall in Cities iv- ies ami of horses, used for hire, ami hv the owm-rs or L'nt of such rates, enforce Mie same my l)y-^"W to be he (enforced. Sfi ssioncrs of Polic<> ;ned by t)ie (^hair- id a copy of any to he a tnie copy led auth(!ntic, and ice without proof ly pleaded or al- 1 by-law has been liwsioners of lolice this or any other f .such l)y-laws ^o be recovered and Police Maji[istrate or, in his absence, diction therein, in Jity Councils may ; and the convic- 1 hereinbefore set int a High Bailiff f High Bailiff and rson. 3G V. c. 48, Trrr.K.Xifl MINHIPAI, INSriTUTlnNS Chap. 171. i;> 110. The IV.lice Force iu Cities and Towns haying a I nard l*..^jor. „t of Con.inissiom'rs of Police, shall consist ot a « hiet ( onsta Me j,,^^,,,^ and as manv ( 'onstaMes and other otHcers and assistants as th.' Council from time to time deem m'c.-ssary, but in ( ities.m.t less in number than the Boar.l reports to be ab.sulutely re.iuire.l. :\7 V.c. 10. s. 11. VMy The members of such Police Force shall be appointed A.;.;;;;;;t.-.t l.y and hoM their ottices at the pl.'a.sure of the Board, an.l shall ^,,.,,,,,f. takt^.aml subscribe to the following oath :— I, A. It., d.. swoar that I will well and truly servo ..ur Sovoreitfii Lady Outhof ortioe. the'Oueon in the office of Police C.mstal.lo for the ,„ ;ii „,iil • of ^ without favour or affection, mahce or lU-will , and that I will, to the be«t of my power, cause the poaoo to he kept and nresorved and will prevent all offences against the persons and proper- ea of Her Majesty's subjects ; and that while I continue to hold the said office, I wUli-i the best of my skill and km.wled^e, d.s.har«e all the duties thereof faithfully according to law. V C 48 h 340. 491. The Board shall, from time to time, inake such regnla- »--' ^*^; -j^^e tions as they may deem expedient for the goyemment ot the ,.^^,_ force, ami f..r preventing neglect <,r abuse, and tor renclering the force efficient in the tlischarge of all its duties. 30 V . c. 48, s. 341. 499. TheCon.stables sliall obey all lawful directions, ami be <^^'^^^ subject to the .government of the Board, an.l .shall be ciiarged ^^ ^,,^ ,,„„„,. with the .special duties of preserving the peace preventing robberies and othei felonies and misdemeam.rs ami apprehend- ^^^f ing offenders; anvn.. dissolve and put an end to said Board, and thereafter the Council com- ment in 126 Clmp. 174. MUNICIPAL MATTKKH. [TiTLK XII sliall liav.' aii.l v\ncW all im.w.'i-h aful .liiti.'H wlucli uw^ihi, un'l Boaid. -W > . u SI' f. hi, s. i:\ An.-tH t.v 4a«. In casi' ajiv P»'W)n c'()tiil>liuns to a ( 'liiff of I'olio.', oi; to ■".r^''l''""f"' a constahli^ in a T.')\vn or I'ity.of a l.n-acli of tlu- pran- uiviiiK "r..S-,.ftlH.l„M.neonunitl»'.l,an.lincus.-suclM.^^^^^^ has ryason to LHu-Vf (..luvriMt colli jjii^f n i.ivacli of till' pt-act' has lircn coiiiiiuttcil, tlioiij,'ii not in i:™o" his pn.s,.,,c.^ aT,a that thor^^ «<><»» '•»^'^'^<'» to appn'ht-n.l that tho anvst of the poison chai<,'f(l with coiiiiiuttin;,' th." saiiw is noci'Msary to pn'Vi-nt his .iscapo or to picvi-nt a lonownlota l.reach (If the p.w.\ or to pivvent ininu'.liatt! violunc*! to por- Hon or proin-rty, then if thc^ poison ooniplaininj,' ^ivos satistac- tory security to tlio orticor that ho will without dolay appear unci prosocuU^ the char«,'o hoforo tho Polico Ma},nstrato or l.oforo th(^ Mayor «)r sittinK Justico, such otticor may, witliout warrant, arroHt tho person cliargod in order to his boinj,' convryed as Hoon as conveni.'ntly may be before the Ma<,'iHtrate Mayor or Justice, to be dealt with acconlinj,' to law. 30 V. c. 48, s. 345. T'ntilaiH,ariiiring a (Jourt-I louse, (Jaol, llonseof ( 'orree- '|,l'. "['wViirt.. tioii. and House of Industry, tipon land being the property of ciiinty I'liil-I- the Munici|ialit y. awA sluill preserve and keep the .same in re- '"""■ pair, and providi ilie food, fuel and other supplies re<|uired for the same. 30 V e 48, ,s. 348. 430 The ()(».>1, (;((Uft-ni>u.He and House of (Correct ion of the Cud^ nn.i ('oiinty in wliici i Town oi' City, not .separated for all ourjioses ',■'""■♦ '"','""'" , r l< ,. • -^ i 1 11 "l 1 :i I < \ i < I II ItlCOMIltllHIlllll irom a I'ounty, i> situate, .shall also lie the daoi, Court-House, ,.iti..«, etc., imt and House of Conection of the Town or City, and shall, in the "t'liaruU'd. case of such City, continue to be so until the Council of the (Tity otherwise directs ; and the Sheritr, (Jaoler and Keeper of the Gaol and House of (Jorrectioii shall receive and safely keep, until duly discharged, all persons committed thereto by any competent a\itliority of the Town or City. 36 V. c. 48, k. 349, 481. The Council of any City may erect preserve, improve city ((ninciiH and provide for the i)roper ki'eping of a Court-Hou.se, Caol, ""'>'V''''S*r' ouse ot Correction and House of industry upon lands l)eing the i,„ii,iii,t(K. projM-rty of the Municijiality, and may pass by-law8 for all or any of sucli purposes.. 30 V. c. 48, s. 350. 439. The Council of every County may establish and main- i,.,ci<-up- tain a Lock-up Hou.se or Loek-up Houses within the ('ounty.and l'""";^;*; »"^y '«' may estaolisli and provide tor the .salary or toes to be paid to county the Constable to be placed in charge of every such Lock-up «^!SI£7^?^ AV;A=- ' .X^i;^. 128 Chap. 174. MUNICIPAL MATTERS. [Title ^II. liiuul iiiay lie aoiuirccl for iiKiustriiil funii^, lumse (if iiiilustry, refuKi*. k'tc. ■taO. The C>)uncil of every County, City or Town separated fi()ma(,'ounty may accpiire an estate in landed property for an In.lnstrial Farm, and may establish a House of Industry and a House of Refuge, and provide by by-law for the erection and re_ pair thereof, and for the appointment, payment and duties <)t Inspectors, Keepms, Matrons and other servants for the superin- tendence, care and management of such Houses of Industiy or Refuge, and in like manner make rules and regulations (not re- pugnant to law) for tlie government of the same : ProviHo aHto 2. Any two or more United Counties, or any tA.o or more uiiiteil orcon-^jQj^j.:.^^^^)„j^ Counties, or any City and one or more Counties, tiguous coun- ^^ ^^o ^^^^ ^^ ^^^ ^^ j^^^^.^ Counties, may agree to have only one House of Industry or Refuge for such united or contiguous Counties.orCity and Counties, or Town and Counties, and mam- tain and keep up the same in the manner herein provided. 6b V. c. 48, s. 355. inHpectorato 437. The Inspector of a House of Indu.sti-v or Refuge keep and ren- appointed as aforesaid, shall keep an account ot the charges ot c'rexTer? erecting, keeping, upholding and maintaining the House of In- etc. dustry or Refuge, and of all materials found and furnished therefor, together with the names of the persons received into the house, as well as of those discharged therefrom, and also ot the earnings ; and such account shall be rendered to the County Council every year, or oftener when required by a by-law ot the Council ; and a copy thereof shall be presented to the Legis- lature. 36 V. c. 48, s. 350. 438. The Council of every City and Town may respectively pass by-laws : By-laws may be passe il establishing workhonses and houses of correction. Who liable to be committed thereto. 1 For erecting and establishing within the City or Town, or on such Industrial Farm, or on any ground held by the cor- poration for public exhibitions, a Workhouse or House ot Cor- rection, and for regulating the government thereof ; 2 For committing and sending, with or without hard la- bour to the Workhouse or House of Correction, or to the Indus- trial' Farm, by the Mayor, Police Magistrate, or any Justice of the Peace, while having jurisdiction in the City or Town respec- tively, such description of persons as may by the Council be deemed and by by-law be declared expedient ; and such farm or ground held as aforesaid shall, for the purposes in this sub- section mentioned, be deemed to be within the City or Town and the jurisdiction thereof. 36 V. c. 48, s. 357. Until houses 439. Until separate Houses of Correction are erected in the of correction several Counties in Ontario, the Common Gaol m each County LmmSa^b respectively shall be a House of Correction ; and every idle and in each res- disorderly person, or rogue and vagabond, and incorrigible l^econstTuted rogue, and any other person by law subject to be committed to [Title ^U. Town st'paiati'tl 1 pioptrty for an f Iiidnstry and a 3 erection aiul re- it and duties of s for the superin- 3s of Industiy or filiations (not re- ne: ny t>.o or more r more Counties, ;ree to have only ;ed or contiguous unties, and main- ;in provided. 36 ustrv or Refuge of the charges of the House of In- d and furnished ons received into ifrom, and also of ■ed to the County i by a by-law of nted to the Legis- may respectively he City or Town, held by the cor- or House of Cor- ereof ; without hard la- n, or to the Indus- or any Justice of y or Town respec- Y the Council be i ; and such farm •poses in this sub- City or Town and are erected in the ol in each County md every idle and , and incorrigible ,0 be committed to Title XII] MUNICIPAL INSTITUTIONS. Chap. 174. 129 a House of Correction, shall, unless otherwise provided by law, ^^^^."'J^ be committed to the said Common Gaols respectively. C. S. U. *^"**= °''- C. c. 127, s. 11. 440. The Sheriff shall have the care of the County Gaol, gaol Cuitody of offices and yard, and gaoler's apartments, and the appointment «*" of the keepers thereof, whose salaries shall be tixed by the Keepers. County Council, subject to the revision or requirement of the Inspector of Prisons and Public Charities. 36 V. c. 48, s. 3.58. 441. The salary of the gaoler .shall be in lieu of »1^ ^^*^^'^'"^|®/,*'^^^*J^* perquisites or impositions of any sort or kind whatever; and */j^|)J'J"(*i7 no gaoler or officer belonging to the Gaol shall demand or re- feeH, per- ceive any fee, peniuisite or other payment from any prisoner ^~«»'' •"" confined within the Gaol or prison. C. S. U. C. c. 127, s. 5. whatever. 44a. The County Council .shall have the care oi the Court- County coun- House and of all offices and rooms and gi-ounds connected there- ;;Ve„„rt^ho'^e*; with, whether the same forms a separate building or is con- etc. nected with the Gaol, and shall have the appointment of the keepers thereof, whose duty it shall be to attend to the proper lighting, heating and cleaning thereof ; and shall from time to time provide all necessary and proper accommodation, fuel, light and furniture for the Courts of Justice other than the Division Courts, and for all officers connected with such Courts. 36 V. c. 48, s. 359. 443. In any City not being a separate County for all pur- ^itys'"'^*^' poses, but having a Gaol or Court-House separate from the ^^\,®^^^^„f (Jounty Gaol or Court-House, the care of such City Gaol or city council. Court-House shall be regulated by the by-laws of the City Council. 36 V. c. 48, s. 360. 444. In case of a separation of a Union of Counties, all rules Upon separa- and regulations, and all matters and things in any statute for ^V^eoundM?" the regulation of, or relating to Court-Houses or Gaols in force gaol and court- at the time of the separation, shall extend to the Court-House f^^*^t^"" ami Gaol of tiie Junior County. 36 V. c. 48, s. 361. tinue. 445. Cities and Towns separated from Counties ,shall,as parts Liability of of their respective Counties for judicial purposes, bear and pay ^wus^epar- their just snare or proportion of all charges and expenses from ated from time to time as the same may be incurred of erecting, building eJ^'J^n imd and repairing and maintaining the Court-House and Gaol of muntenance their respective Counties, and of the proper lighting, cleansing of court-houae. and heating thereof, and of providing all necessary and proper accommodation, fuel, light, and furniture for the Gaol and Courts of Justice, other than the Division Courts, and for all officers connected with such Courts ; and in case the Council of the City Reference to or Town separate as aforesaid, and the Council of the County in ^J**^*^" which such City or Town is situate for judicial purposes cannot UiHagAement. bv ac^eement from time to time settle and determine the ^ " 9 i u I -J-. ' '»^}«iimim/-->J^JJ!J(ii^! ' mii:^it>'-^^4mJiM ^^^ 'm^ >£ 130 Chap. 174. MUNICIPAL MATTERS. [Title XII. When the amount of_ comiiendation may be re- considered. amount to be so payable by such City or Town respectively, then the same shall be determined l^y arbitration, according to the provisions of this Act. 39 V. c. 34, s. 1. Compensation 446. While a City or Town uses the Couit-House, Gaol or by city or town ^^^^^ ^f Correction of the County, the City or Town shall pay c:;,rho"uBe. to the County such compensation therefor and for the care and etc. maintenance of prisoners, as may be mutually agreed upon, oi settled by arbitration under this Act. 36 V. c. 48, s. 304. 447 In case after the lapse of five years froni such com- pensation having been so agreed upon or awarded or having been settled by statute, and whether before or after the passing of this Act, it appears reasonable to the Lieutenant-Oovernor in Council, upon the application of either party, that the amount of the compensation .should be reconsidered, he may, by an Order in Council, direct that the then existing arrangement shall cease after a time named in the order, and after such time the Councils shall settle anew, by agreement or by arbitration under this Act, the amount to be paid from .he time so named in the order. 36 V. c. 48, s. 365. Existing lock- 448. Nothing herein contained shall affect any Lock-up u,. houses to jjouge heretofore lawfully established, but the same shall con- continue. ^.^^^^ ^ ^^ ^ Lock-up House as if established under this Act. 36 V c. 48, s. 366. This Act not 441^. Nothing herein contained shall be taken or construed to affect 29-30 ^^ g^j^-ggj. ^j. j.^pgal section four hundred and nine ot the Act Jm- ''• " passed in the Session of the Parliament of the late Province of Canada, held in the twenty-ninth and thirtieth years of the reign of Her present Majesty, chaptered hf ty-one. 36 V . c. 48, s. 367. [Section 409 of 29-30 V. c. 51, is as follows :— 409 Any Justice of the Peace of the County may direct by warrant in*vT^^ting under his hand and seal, the confinement in a Lock-up House wiShfs County, for a period not exceeding two days of any person Varied on oath with a criminal offence, whom it may be necessary to detofn until examined, and either dismissed or fully committed for trial toUirCoinmon Gaol, ^nd until such person can be conveyed to such Gaol ; Ssothecrfinement'in such Lock-up House, not exceeding twentyjour hours of any person found in a public street or -highway in a state of in- EatSn or ^y person convicted of desecrating the Sabbath, and gen- Sy may comSt^ a Lock-up House, instead of the . ommon Gaol or other Ho se of Correction, any person convicted on view of the Justice, or sum- SS ^nv3 before any Justice or Justices o the Peaceof any oftence ""lizaWe by him or them, and liable to imprisonment therefor under any statute or municipal by-law.] Fxr.ense of 45©. The expense of conveying any prisoner to, and of keep- SpV'"*'' ine him in a Lock-up House, shall be defrayed in the same man- ^^^' ner as the expei^e of conveying him to and keeping him mthe Common Gaol of the County. 36 V. c. 48, s. 6W. Justice may direct impri- sonment in certain cases. [Title XII. wn respectively, on, according to -House, Gaol or Town shall pay for the care and agreed upon, or !. 4S, s. 364. from such coni- arded, or having after the passing .tenant-Governor party, that the lered, he may, by ;ing arrangement (1 after such time or by arbitration le time so named 'ect any Lock-up >e same shall con- 1 under this Act. iken or construed nine of the Act e late Province of ;eth years of the •one. 36 V. c. 48, lay direct by warrant in a Lock-up House days, of any person may be necessary to y comiuitttid for trial uveyed to such Gaol ; xceeding twenty-four hway in a state of in- tie Sabbath, and gen- i ommonGaol or other •f the Justice, or sum- le Peace of any oftence nment therefor under aerto, and of keep- }d in the same man- keeping him in the 8. 368. Title XII.] MUNICIPAL INSTITUTIONS. Chap. 174. 131 4SI. Nothing herein contained .shall be taken or construed ThU Act_not^ to aftect or repeal .sections four luuidred and fourteen y"^ '^j „;; and four hundred and Hfteeu of tin- Act passed in the 41 1, 41.5, which Session of the Parliasii.'ut of the late Pn.vinte of Canada, h.-ld «'«»«"'" in the twenty-ninth and thirtieth years of the reign of Her present Majesty, and chaptered tifty-one. 3() V. c 48, s. 3(U>. [Sectio)i8 414 and 41.) of 2!)-30 V. c. 51, are as follows :— 414 Any two of Her Majesty's Justices of the Peace or of the Justices, etc., Inspectors appointed as aforesaid may, by writing under their hands and ;''";y ^"™';?'* seals, counnit to the House of Industry or of Refuge, to be employed and l^'^^'^""" ^"^ governed according to the rules, regulations, and orders of the House— (1.) All poor and indigent persons wlio are iiicipablo of supporting Iucli«t>nt. themselves ; (2.) All persons without the means of maintaining themselves, and Idle, able of body to work, and who refuse or neglect so to do ; (3.) All persons leading a lewd, dissolute or vagrant life, and exer- i.ewd. cising no ordinary calling or lawful business suftiuieut to gain or procure an honest living ; (4 ) And all such as spend their time and property in public-houses, Frewen men tionedin ll«r. Stat. 0. 17. .giraw fe ^9 sa i>^ asj .^si S 5 ^ ' iim.Na^ r aw . i g -t;iutiBrt' 132 Chap. 174. MUNICIPAL MATTEKS. [Title XII. shall, with all convenient speed, report to the Council the re- sult of the inquiiy and the evidence taken thereon. .30 v.c. 48, s. 370. Division XL— When Mayor may call out Fosse Vomitatu$. 4JSS The M ayor of any City or Town may call out tha posse Kut*^^. cJ^Mus to enLce the\w 'within his Municipahty, .should '^**«'«'- exigencies require it, hut only under the same circumstances in which the Sheriff of a County may now hy law do so. -30 V. c. 48, 8. 371. PART VII. POWERS OF MUNICIPAL COUNCILS. TITLE I.— IN GENERAL. ^^tt^^t^o TTTT V TT AS TO HIGHWAYS AND BRIDGES. SlE Ilfl^ASTO works paid FOR BY LOCAL RATE. TITLE IV.— AS TO RAILWAYS. TITLE I.— POWERS IN GENERAL. j)iv. I.__Of Counties, Townships, Cities, Towns and iNCORrOUATEl) VILLAGES. D^v. ii.—Of Counties, Cities, Towns and Incorporated Villages. ^ Div. III.— Of Townships, Cities, Towns and Incorpo- rated Villages. Div IV— Of Counties, Cities and Separated Towns. j)iv! v.— Of Cities, Towns and Incorporated Villages. Div vi.— Of Cities and Towns. Qiv. VII.— Of Towns and Incorporated Villages. Div. Vlli.— Of Counties only. Div. IX.— Of Townships only. Division I.— Powers of Councils of Counties, Townships, Cities, Towns and Incorporated Villages. Respecting the Obtaining of property. Sec. 454 (1) " Appointment of certain opcers. Sec. 454 (2, 6). « Aid to Agricultural, ner s«^^^^^^^ or over- Road Surveyors, Road Commissioners, Valuatoi-s, seer 36 V. ris, s. 372 (2). See Rev. Stat. c. 188, s. 2 ; c. 192, s. 5. 3. For regulating the remuneration fees, ^^gf, ^"^^^^J^\^„S^.L'^^^ of such officers, and the securities to be given for the perform- ance of such duties ; 36 V. c. 48. s. 372 (3). See s. 273 ante. 134 Chap. 174. municipal matters. [Title XII. Aiding Ayricnltund and othr Societiea. May grant aid 4. For frianting money or land in aid of the Agricultural *" T^?'*"™' and Arts As.sociation of Ontario, or of any duly organized BfKse en. ^g,.ij.„ituial or Horticultural Society in Ontario, or of any incoi-porated Mechanics' Institute within the Municipality, or within any adjoining Municipality ; 30 V. c. 4H, s. 372 (4) ; 40 V. c. 17, s. 113. {See also Rev. Stat. c. S-'j, s. 113). May give aid by way of honuH to manufactureH. Aiwent of electors neceS' sary. Securitj; may be rw|uired. Aiding Manufacturing E4>0)lixhnient>* 5. For granting aid hy way of bonus for the promotion of manufactures within its limits, by gianting .such sum or .sums of money to such person or body corporate, and in respect of .such branch of industry as the said Municipality may determine upon ; and to pay such sum, either in one sum or in annual or other periodical payments, with or without interest, and sub- ject to such terms, conditions and -restrictions as the said Muni- cipality may deem expedient, and may take security therefor : (a) No such by-law shall be passed until the assent of the ■ electors has been obtained, in confonnity with the provisions of this Act in respect of by-laws for creating debts. {\i) Any Municipality granting such aid, may take and le- ceive of and from such person or body corporate that may re- ceive any such aid, security for the compliance with the tenns and conditions upon which .such aid is given. 36 V. c. 48, s. 372 (5). 'i^And see section 349 as to exenxi>iing manufactur- ing establishments from taxping up -^-XS ofThe t'^^^^cie.. drains, sewers or water-coui-ses, within the .l"^;''?""" J"' J etc Council, and for entering upon, breaking «P- ^f^"^^^' ^^7^"^^. any land in any way necessary or ^^J^^'^^^^JZlll Tv poses, subject to the restrictions in this Act contained , .3b V. c. 48, .s. 372 (10). Kgress from Buildings. ^ 11. Forregulatingthesizeandnumberof doors in chjches. For^i^^ng theatres and halls, or other buiMings used for P^^^ f ^.^^^^^ ^[^«Hurche«. ship public meetings, or places of amusement, and the street etc 3 fading thereto and also the size and structure of stairs tl stair rfiling in all such buildings anc^the f en^th of beams and joists, and their supports ; 29-30 V. c. IZ, «, *• Fines and Penalties. {See also sees 4O0-4O3, p. 1703.) 12. For inflicting reasonable fines and penalties not exceed- F4neH^a-i ing fifty dollars exclusive of costs,— ]a) Upon any pei.on fur the -n-P«rf~"Tn le^Co^tS ^^'"'^' "' who has been elected or appointed to any office in the Corpora tion and who neglects or refuses to accept such office unless good Guslis ^hown therefor, or to take the declaration of Sffice, and afterwards neglects the duties thereof ; and (6) For breach of any of the by-laws of the Corporation ; 36 or^br«».n of V. c. 48, s. 372 (11). 13. For collecting such penalties and costs hy distress and ^o^^^^^ sale of the goods and chattels of the offender; 36 V. c. 48, s. ,^,,, 372(12). • J&SK?5taWS!#EiBSM*i^»WS3BK*KaR«;«^ 136 Chap. 174. MUN'KiPAL MATFERS. [Title XII. Purchafie of wet lands from Government. or Impridonment 14. Fpr iiiHictiiig reaHonaMe punishment, hy impiisonment rndtime'.T'' with or without hard labour, either in a Lock-up House in some Town or Village in the Town.ship,or in the County Gaol or House of CoiTcction, for any period not exceeding twenty-one days, for breach of any of the l)y-laws of the C'ouncil, in case of non- payment of the fine inHicted for any such breach, and there being no distress found out of which such tine can V)e levied : except for breach of any by-law or by-laws in Cities, and the suppression of houses of ill-fame, for which the imprisonment may Vje for any period not exceeding six months, in case of the non-payment of the costs and fines infiicted, and there being no sufficient distreas as aforesaid ; 36 V. c. 48, s. 372 (13). PurctuiMing Wet Lawh. 15. For purchasing from the Government or any Corporation person, at a price (in case of Crown Lands, to be fixetl by the Lieutenant-Governor in Council, and which price the Lieutenant-Governor in Council is hereby authorized to fix), all the wet lands at the disposal of the Crown or such Coi-poration or person in any such Township ; and .such lands may be .sold accordingly to the Corporation of any .such Township ; 36 V. c. 48, s. 372 (15). Raising money («) The purchase and draining of such lands shall bi' one of for purchasing the purposes for which any such Corporation may raise money and draining ^^ ^^^^ ^^, otherwise, or for which they may apply any of its funds not otherwise appropriated. 36 V. c. 48, s. 372 (16). Q}) The Corporation of any Township may pos.sess and hold the land so purchased, and may, whenever they deem it ex- pedient, sell or otherwise depart with or dispose of the same by public auction, in like manner as they may by law sell or dis- pose of other property, and upon .such terms and conditions, and with such mortgages upon the land .so sold, or other security for the purchase money or any poi-tion thei'eof , as they may think most advantageous. 36 V. c. 48, s. 372 (17). of (c) The proceeds of the .sale of such lands shall form part of the general funds of the Municipality. 36 V. c. 48, s. 372 (18). Ornamental Trees. eame. May hold or dispoHe of sucn land. Procee sale. Regulations as 16. For causing any tree, shrub or sapling, giqwmg or planted to trees, on any public place, square, highway, street, lane, alley or other shrubs, etc., goj^injunication under its control, to be removed, if and when such removal is deemed necessarv for anv Duroose of in public places ouu.i x^...v.»«,x IS aeemea necessary for any purpose public improvement ; but no such tree, shrub or sapling shall be so removed until after one month's notice thereof is given to the owner of the adjoining property, and he is recompensed for his trouble in planting and protecting the same : nor shall such owner, or any pathmaster or other public [Title XII. imprisonment House in some >fGaol or House enty-one days, in case of non- (ach, and there can V)e levied : Cities, and the s imprisonment i, in case of the md there being . 372 (13). Title XII.] MUNICIPAL INSTITUTIONS. Chap. 174. 1D7 oflRcer, or any other person, remove or cut down or injure such tree, shrub or sapling, on pretence of improving the public place, square, highway, street, road, lane, alley or other C(.m- munication or otherwise, without the express nermis.sion of the Municipal Council having the control of the public place, square, highway, street, road, lane, alley or other communica- tion ; and any Council may exp'^nd money in planting and nre- serving shacle and ornamental trees upon any public pace square; highway, street, road, lane, alley or other communication within the Municipality, and may grant sums of money to any person or association of persons to be expended for the same purposes ; 34 V. c. 31, ss. 3 & 5 ; 3G V. c. 48. s. 372 (19). ,ny Corporation ds. to be fixed vhich price the irized to fix), all iich Coi"poration [ids may be .sold vTiship ; 36 V. c. 8 shall be one of nay raise money ipply any of its , 8. 372 (16). possess and hold liey deem it ex- e of the same by y law sell or dis- and conditions, or other security of, as they may (17). hall form part of c. 48, s. 372 (18). qwing or planted ne, alley or other ved, if and when my purpose of b or sapling shall lotice thereof is perty, and he is i protecting the 3r or other public Temperance Laxvs. 17. For prohibiting the sale of intoxicating liquors and the Enibm^^^^ issue of licenses therefor, according to the provisions and liinita- acIh. tions contained in " The Tempero^nce Act «/ 18^4 and T/te 27.28 v. c. 18. Temperance Act of Ontario ; " 36 V. c. 48, s. 372 (14). i^^v. Stet. c. Seizhiij Bread, etc. 1 S. For seizing and forfeiting brcan such ^uncil may ce^^^^^^^^ also, by the same or another by-law, direct that in default of its ^^^^ , beins done by the person, such matter or thing shall be done at council, etc. the expense of the person in default, and may recover the ex- pense thereof with costs by action or distress ; and, in case of non-payment thereof, the same shall be recovered m like man- ner as municipal taxes. 36 V. c. 48, s. 377. COMPENSATION FOR LANDS TAKEN. 4ae Every Council shall make to the owners or occupiers of or other persons interested in, real property entered upon, taken or used by the Corporation in the exercise of any of its powers, or injuriously affected by the exercise of its powers, due compensation for any damages (including cost of fencing when required) necessarily resulting Ivom the exercise of such powers beyond any advantage which the claimant niay derive from the contemplated work ; and any claim for such compen- sation, if not mutually agreed unon. shall be determined by arbitration under this Act. 36 V. c. 48, s. 373. Owners of lands taken by corporation, etc., to be compensated. Differences to be determined by arbitration. ..«*s5SI»HSS0««(«!»alt««I!U^I*^^ l:]8 Chap. 174. MUNICIPAL .MArrKKS. [TlTLK XIT. How title ac- 4«r. In the case of real property which a Council hns nati<', > act, as well in luuler this Act, il any sue It reiil aniajreH arisinn' wer in respect 1 so act in n;- m interested in I this Province, [>wn, or he him- f Coin-t for the on the applica- respect to the . c. 48, s. 374. has not tlie ab- l pay to hiui the he amount to be lin the principal 3r Kb claims the unless the Court •isdiction in such pay the same lall not be Iwuml i, or of any sum c. 48, s. 375. 1 respect of such IS and charges to i. 376. )UNTiES, Cities /VGES. Jec. 4C0. own and incorpo- ing purposes : — mbering, injuring ler means, any of Title XII. MUNICIPAL INSTITUTIONS. Chap. 174. 139 public wharf, .lock, slip. .Irain, sewer, shore, bay, harlK)ur, nver wha';";.^. or water ; 30 V. c. 48, s. 378 (I). 2. For directing the removal of door steps, porches, railings T"|j«''«™;;*'^' or other erections, or obstnictions projecting into or over any I.J^t^Jtin't? wharf, dock, slip, drain, sewer, bay, harbour, river or water, or wharve., etc. the banks or shores thereof, at the expense of the pronnetor or occupant of th(! property connected with which such projec- tions are found ; 3(5 V. c. 48, s. 378 (2). 3. BV making, opening, preserving, altering, improving ijhe makinK, and maintaining public wharves, docks, slips, shores, bays, ^,;^';^^ harbours, rivers or waters and the banks thereof ; 3(5 V. c. 48, dockH, . tc s. 378 (3). 4. For regulating harV)0urs ; for preventing the filling up or R^»j;jJ;jj8,„^ encumbering thereof; for erecting and maintaining the neces-^,^^^ ^,,;rye^^ sary beacons, and for erecting and renting wharves, piers and elevat-.n., «tc. docks therein, and also floating elevators, derricks, crane.s and other machinery suitable for loading, discharging or repairing vessels ; for regulating the vessels, cuafts and rafts arriving in ve«s«i» etc. any harbour; and for imposing and collecting such reastmable jj^^^^^^ j,,^^ harbour dues thereon as may serve to keep the harltour in good order, and to pay a harbour master. 3(5 V. c. 48, s. 378 (4). Division III.— Powers of Councils of Townships, Cities Towns and Incorporated Villages. Respecting Pollivg Subdivisione. /Sec. 461 (1.) Diaqualificatlon of Electors. Sec. 461 (2.) " Billiard or Bagatelb Tables. Sec. 461 (3.) « Victualling Houses. Sec. 461 (4, 5.) Schools. Sec. 401 (6.) " Cemeteries. Sec. 461 (7, 8.) " Cruelty to Animals. /Sec. 461 (9.) Doga. /Sec. 461 (10,11.) Fences. Sec. 461 (12.) ." Division Fences. Sec. 461 (13.) •• Water'courses. /Sec. 461 (14.) " ^ Weeds. See. 461 (15.) " Filth in Streets. /Sec. 461 (16.) •• Burning Stumps, Brush, &c. Sec. 461 (17.) " Exhibitions, Shows, iSsc. Sec. 461 (18.) «• Graves. Sec. 461 (19.) iihade TrecH. Sec. 461 (20.) " Injury to property and notices. S<-. 461 (21,22.) " Gasand Water Companies. /Sec. 461 (23, 24.) . « Public Mwals. Sec. 4(51 (25-34.) aK=!«5S«*SS5«W^'K«iH««-««»«»»«^W"«*^^ .«v,<«ai«ae^.^*t,a-is*;-!»-*^"~?W'B3Ss»«ir^^ 140 N M Chap. 174 MUNUiPAi, mattkiw. [Title. XII. litHvectiwi the K>*tal>li'^hmnit of liuiinilnr'u'.s. Hrx. 4GI (35), " Poiuidf. Sec. 46.S. [462. Public. JhaUh. Sec. 4(!4. Jjock-up Hd^xhch. Sec. 434. Tavern and Shop LiceuHCH. Rev. Staf. c. IHl. Bylaw. iu»j 461. Tlio Council of ev«ry Township, City, Town or incor- hf made for pgiatod Villa^,'D may paH.s hy-lawH :— PoUiiy SuhdiviHlunH. 1. For .lividinj,' the Wards of such City or Town, or for dividinj,' such Towiwhip or Village into two or more convcniont polling,' subdivisions, an.l for e,stablishinf? polling places therein, and for repealing or varying the same from time to time;andsucli polling subdivisions shall be made or variee used both for the election of members of the Legislative Assembly and for muni- cipal elections ; and the polling sub-divisions for elections to the Legislative Assembly and municipal elections .shall hereafter be made the same in all cases, except that the Municipal Council of every City, To\m or incorporated Village, may by by-law unite, for the purposes of municipal elections, any two adjoin- ing polling sub-divisions. 40 V. 12, ss. 2 Aj 3. Di8qtiallflc(''iion of Electors not paying Taxea. DiHfiualifyint; 2. For disqualifying any elector from voting at municipal elecU)r»inar elections who has not paid all municipal taxes due by him on or before the fourteenth day of December next preceding the election ; 36 V. c. 48, s. 379 (2). See aim sec. 248. Uividintf city be the same for eltictionH tu Legitilative Asuembly and niunicit>al eluctionM. Couniilofcity, town or incor- porated village may unite alac«iH therein, ;imu;an(l.suc1i vhenover the g subdivision nd varied in I any polling indred ; 30 V. ng Hub-divisi- both for the and for niuni- lections to the 11 hereafter be licipal Council ly by by-law ly two adjoin- Taxea. I at municipal liie by him on preceding the 48. [1 pei-sons who, have in their bagatelle table e in a house or r such billiard the sum to be ,rd or bagatelle 36. 36 V. c. 48, Ing victualling sters, claAs, or TiTLK XII.] MUNini'Ai. iNSTmrioNs. Chap. 174. 141 viso. victuals are sold to U- eaten therein, and all other pl^vn f<,r ;.-{--',, reception, relreHhuient or enU^rtainment ol the public; M> V. t. 4«. s. 37 i> (4). 5. For licensing the ^a.ne wlum no other provision exists |^-- -;[ therefor an.l f..r fixing the rates of such licenses not exceeding twenty dollars ; 30 V. c. 4S. s. 375) (5). School'^. (1. For obtaining such real property as may be '-M'';'-^-'! t'^r A-^'^^^^^^^^^^ the erection of I'ulilie School-Houses thereon and foi othei ,i^, ^,.,,.„,(,, ublic sch.,ol puri,oses, and f..r the disposal thereo when no .tc. |;;,\g..,. icuired ; ind for providing for the - a/l.shnu.nt and suHx.rt of Public Schools accmling to law; M> V. c. 48. s. 37!) (0). 7. For accepting or purchasing land for public couu^ms^ jhri;::^::! as well within as without the Muiucipality, but not witlun ^,^, anv e-ity. Town or incorporated Village, and .-r laying out, im- pnw ng^and managing tL same ; but no land shall a, accepted Pn.vi oi mrchased for such puqK.se except by a by-law declaring m exp Hs terms that the land is appropr ated for a public ceme- tery an.l for no other purpose ; and thereupon such land, altfu.ugh without the Municipality .hall become Pavt tl>cieol, and shall cease to be a part of the Municipality to which it tor- nerly belonged ; and such by-law shall not be repealed ; and the rustees of any i3urial ground may agree for the sale or transfer thereof to the Municipality which desires to ac . r. ' jim iiiiw^^'' fe)' ' ^^- 146 Chap. IT*. MUNICIPAL MATTERS. [Title XH. ■ • .K ^ For aPDraisincr the damages to be paid by the ownem of ter^*'*'' aufniirimpoTHded^for trespassing contrary to the laws of On- tario or of the Mumcipahty ; o„^^^ 4. Fov determining *« »XetoTi«l^of l^Ti^'with with r»i«ictto vices renclcrca, in canying out the P'^y""?"! T ."J:„„j )„ the Saf ' ..W.'o aninjaU i,u^an« "^ d««-ned "d a p^™ *, possession of the distrainei. JO v. c. to, Bev. mt. c. 195. ^^^^.^ ^^^^^^_ AM The members of every Township,City, Town and incoi- Memben, of ^^- ^V^^^^^Zl shall be Health Officei-s within their re- council to be porated Village Council snail Deneu yeBmciinq the Pubhc health officers, i ,;..„ Mimipmallties. under I he Act lesptoiuty " ^ ^ ^,_ K Tavern and Shop Uc- ences, see Rev. Stat. c. 181, ss. 17, 21, 24 & 32.] Division IV.-Poweks of Councils of Counties, Cities DIVISION ^^^ Separated Towns. Respecting Engineers, Inspectors, Gaol Surgeons, &c. Sec. 465 (1). Auctioneers. Sec. 465 (2). Hawkers and Pedlars. Sec. 465 {6). Ferries. Sec. 465 (4). High Scltools. Sec. 465 (o 6 . (•em^t/ 0/ Toronto, ^ec. 46d (7, 8) i^wiowwWTit 0/ Fellowships. Sec. 4bD (^yj. Piibiic Fairs. Sec. 465 (10). Houses of Refuge. Sec. 433. ^AA The Council of any County, City and Town separated ?JS?^^- frot^he Coun^yX municipal purposes, may pass by-laws for the following purposes; E„^m!er»—I«.V«:tori—OMi:Su,rgeom, etc. g;=. fe"rairte"rr: Sr^olrr^e Gaol and other ins«- lE^,""^- Sm unier the charge of tie Municipthty ; and for the «- moval of such offlcei-s. 86 V. c. 48, s. 883 (1). <( ^^vrnsjt^*^. .. .. ■■ .i^. ' tf.ij ^.^-.v .-...r«w,w»ic»rfl [Title XII. the ownei« of he laws of On- lUowed for ser- l any Act, with detained in the 381. See also Pown and incoi- within their re- tiny the Public ; takes effect for ay by-law, dele- tth Officers to a persons, either lemselves, as the id Villages as to n and Shop Lie- juNTiES, Cities irgeons, be jMiid him by aent of a public a by-law for that c. 48,8.383(10). s asto Houses of Title XII.] MUNICIPAL INSTITUTIONS. Chap. 174. 149 Division V.— Powers of Councils of Cities, Towns and Incorporated Villages. Re8pti,v (I my Water. Sec. 466 (1.) Markets. Sec. 466 (2-13.) Tainted Meat. Sec. 466 (14.) Nuisances. /Sec. 466 (15-19.) Enclomre of Vacant Lots. Sec. 460 (20.) Driving upon Sidewalks. See. 466 (21.) Importuning Travellers. Sec. 466 (22.) PMic Health. Sec. 466 (23.) Interments. Sec. 466 (24,25.) Gunpowder. Sec. 466 (26.) Pretention of Fires. Sec. 466 (27-40.) R^oval of. Snow, Ice, Dirt. Sec. m (4,1.) Ohstructum of Roads and Streets. Sec. 466 (42, 43.) Numbering Houses and Lots. See. 466 (44, 45.) Naming Streets. Sec. 466 (46.) Cellars. Sec. 466 (47, 48.) ,,„,„, Sewerage and Drainage. Sec. 466 (49-52.) Transient Traders. Sec. 466 (53.) User of Streets. Sec. 466 (54.) 4«0. The Council of every Citv, ToAvn and incorporated Vil- Bylaws may_ lage may pass by-laws for the following purposes : Water. 1. For establishing, protecting and regulating public wells B,tabU.Mng, reservoirs and other conveniences for the supply of water, and ^^ii.J',^,. for making reasonable charges fcr the use thereof, and for pre- voim. etc. venting the wasting and fouling of pubUc water; 36 V. c. 48, s. 384(1). Markets, dec. 2. For establishing markets ; 36 V. c. 48, s. 384 (2). rawketa. 3. For regulating all markets established and to be estab- B«^«n8 lished; the places, however, already established as markets in the Municipality, shall continue to be markets, and shall re- old markets tafn SXprivileges thereof until otherwise directed by com- conUnued. petent authority ; and all market reservations or appropnationB heretofore made in any such Municipality shall continue to be vested in the Corporation thereof ; 36 V. c. 48, s. 384 {3). 4. For preventing or regulating the sale by retail in the B^^^ pubhc streets, or vacant lots adjacent thereto, ol any meat, ^^^^^ etc. vegetables, gram, hay, fruit, beverages, small-ware and other articles offered for sale; 36 V. c. 48. s. 384 (4). 5. For preventing or regulating the buying and selling of Ke^ulatm^ articles or animals exposed for sale or marketed ; 36 V. c. 48, s. 384 (5). jB^Fitsyeyw?w;i!«a(W"^>«t«'*T«<^' j.f -i-y v^Iwe«?9Sllft^?BffW8!Ki|5^9(^ ^ y^'^-'^'9SBi*>me<**f»iP>^^r^-»^f!sc!^:r^M'^sxf^ -- . «' k*^ =a^i. ^ pm %" --^^S^^^-Wrjr*- ^ I 160 Cliap. 174. MUNICIPAL MATTERS. [Title XII. etc. Preventing ioreotalling, etc. Sale of grain, (5. For legulatiiij^ the place and manner of selling and butchern'nieat, ^yijirhinfr grain, meat, vegetal»le.s, fish, hay, straw, fodder, wood, .m'2'l wS"*' lund)cr, shingles, farm product* of every de.scription, small-ware and all other articles exposed for sale, and the fees to be paid therefor; and also for preventing criers and vendoi-s of small ware from practising their calling in the market, public streets and vacant lots adjacent thereto , 30 V. c. 48, s. 384 (6). 7. For preventing the forestalling, regrating or monopoly of market grains, wood, meats, fish, fruits, roots, vegetables, poul- try and dairy products, eggs and all articles required for family use, and such as are usually sold in the market ; 36 V. c. 48, 8.384(7). Regulating 8. For preventing and regulating the purchase of such huckHtern, etc. t^j^j^gg \^y huckstei-8, giocers, butchers or runners ; 36 V. c. 48, s. 384 (8). Measuring, 9. For regulating the mode of measuring or weighing (as ''^i'Ml"^*" the case may be) of lime, shingles, laths, cordwood, coal and other fuel; 30 V. c. 48, s. 384 (9). Penalties for 10. For imposing penalties for light weight or short count, l^t weight, ^j. j^Ij^^j.^^ measurement in anything marketed; 36 V. c. 48, s. 384 (10). See ante, s. 454 (18). Regulating 11. For regulating all vehicles, vessels, and all other things vehicles ^ed j„ which anything is exposed for sale or marketed, and for im- vl^^? posing a reasonable duty thereon, and establishing the mode in which it shall be paid ; 36 V. c. 48, s. 384 (11). 12. For regulating the assize of bread, and preventing the use of deleterious materials in making bread ; and for provid- ing for the seizure and forfeiture of bread made contrary to the by-law ; 30 V. c. 48, s. 384 (12). See ante, s. 454 (18). Assize of bread, etc. S» meat difl rained. 13. For selling, after six houi-s' notice, butchers' meat dis- trained for rent of market-stalls ; 30 V. c. 48, s. 384 (13). Tainted Meat. Tainted pro- 14. For seizing and destroying all tainted and unwholesome '***°''*- meat, poultry, fish, or other articles of food ; 36 V. c. 48, 8.384(14). Nuisances. • ' Abatement of 15. For preventing and abating public nuisances ; 36 V, c. nuiBances. 48, s. 384 (15). Priyy vaults. 10. For preventing or regulating the construction of privy vaults; 30 V. c. 48, s. 384 (10). _- -^^ •^^ytf^'^ :*«^?*fe?» ~ anT^vts^*-'*!^-- • -*!:-*^=?Bfe^'=! ■ ■ .-i«iE3s;=aK^-^;-^««^'^«"^=*^^ ".s;:p««»aecwS'f^^?^^w^^ r -itfft ' ^fej^ ' ^Jggv y .* - [Title XII. F selling and fodder, wood, >n, Hinall-ware ecH to be paid idoi"H of MUiall public streets 384 (6). r monopoly of ^etables, poul- red for family ; 36 V. c. 48. ;ha.se of such ; ; 36 V. c. 48, • weighing (as vood, coal and )r short count, 36 V. c. 48, ,11 other things ied, and for im- ng the mode in preventing the and for provid- ide contrary to , 8. 454 (18). shers' meat dis- 1. 384 (13). id unwholesome 1 ; 36 V. c. 48, ances ; 36 V. c. ruction of privy Title XII.] MUNICIPAL INSTITUTIONS. Chap. 174. 151 17. For preventing or regulating the erection .or contmuance W^^^^^^^ of slaughter houses^ gas works, tannenes distilleries or other manufactories or trades which may prove to Ik, nuisances ; 36 V. c. 48, s. 384 (17). 18. For preventing the ringing of l)ells, blowing of horns Presenting shouting and other unusual noises, in streets and pubhc places, 36 V. c. 48, .s. 384 (18). 10. For preventing or regulating' '^'^''f^L &"'.£" ^c''"'"''^"' fire-anus • and the firing or setting oft of fire balls, s(iums c;:ckror'^fire-works ar^l for P- venting cha"-^^^^^ "^^^'• like disturbances of the peace ; 36 V. c. 48, s. .384 (l.»). Vacant Lots. 20 For causing vacant lots to be properiy enclosed ; 36 V. Vacant lot. c. 48, s. 384 (20). Dnving upon SUleivalks. 21. For preventing the leading, vjding or driving of hoi^es Wvin,^^^^^^ or cattle upon sidewalks or other places not proper therefor , ^pJ^, 36 V. c. 48, s. 384 (21). Importuning Travellers. 22 For preventing persoas in streets or public places from Importuning importun rfg others to travel in or employ any vessel or vehicle, travellers. oTo to an? taven. or boanling house, or for regulating per- sons 90 employed ; 36 V. c. 48, s. 384 (22). Public Health. 23 For providing for the health of the Municipality, and Public health, against the spreading of contagious or infec lous diseases ; 36 W. c. 48, s. 384 (23). See al»o Rev. Stat. c. 190. Interments. 24. For regulating the interment of the dead, and for pre- interments venting the sf me taking place within the Mumcipahty : 36 V. c. 48, 8. 384 (24). 25. For directing the keeping and returning o^ Ji^/f ^^ S;'""-^ tality ; and for inifosing penalties on persons guilty of default , 36 V. c. 48, 8. 384 (2-5). Gunpoivder, 26. For regulating the keeping and transporting of gun- G^„powder. powder and other combustible or dangerous materials, for e-'-nftT-f^ti rv. ;■■ . TT;- ■ Si#T**-'V^ 152 Chap. 174. MUNICIPAL MATTERS. [Title XII. : ■ ! I Fire compa- niw, «tc. regulating and pmviding for the support, by fees, of magazines for storing gunpowder Injlonging to private parties ; for com- pelling persons to store therein ; for acquiring land, as well within as witliout the Municipality, for the purpose of crectmg powder magazines, and for selling and conveymg such land when no longer required therefor ; 36 V. c. 48, s. 384 (26). Preventing Firen. 27. For appointing fire wardens, fire engineei-s and firemen, and promoting, establishing, and regulating tire companicH, hook-and-ladder companies, and property-saving companies; ■r Medftlsand rewards toper- Rons distin- guishing theiQ' selveH at firex, AidtowiduwH. Fire in stables, etc. Dangerous _ manufactories. Chimneys, stoves, etc. Size and dean' ing of chim- neys, etc. Ashes. Party walls. Scuttles, ladders, etc., to houses. Guarding buildings against fire. Fire buckets. 36 V. c. 48, 8. 384 (27 28. For providing medals or rewards for pei-sons who dis- tinguish themselves at tires ; and for granting pecuniary aid, or otherwise assisting the widows and orphans of persons who are killed by accident at such fires ; 36 V. c. 48, s. 384 (28). 29. For preventing or regulating the use of fire or lights in stables, cabinet makers' shops, carpenters' shops, and combus- tible places ; 36 V. c. 48, s. 384 (29). 30. For preventing or regulating the carrying on of manu- factories or trades dangerous in causing or promoting fire ; 36 V. c. 48, s. 384 (30). 31. For preventing, and for removing or regulating the construction of any chimney. Hue, fire-place, stove, oven, boiler, or other apparatus or thing which may be dangerous in causing or promoting fire ; 36 V. c. 48, s. 384 (31). 32 For regulating the construction of chimneys as to dimensions and otherwise, and for enforcing the proper clean- ing of the same ; 36 V. c. 48, s. 384 (32). 33 For regulating the mode of removal and safe keeping of ashes ; 36 V. c. 48, s. 384 (33). 34. For regulating and enforcing the erection of party walls ; 36 V. c. 48, s. 384 (34). 35. For compelling the owners and occupants of houses to have scuttles in the roof thereof, with approaches ; or stairs or ladders leading to the roof ; 36 V. c. 48, s. 384 (36). 36. For causing buildings and yards to be put in other re- spects into a safe condition to guard against fire or other dan- gerous risk or accident ; 36 V. c. 48, s. 384 (36). 37. For requiring the inhabitants to provide so many fire buckets, in such manner and time as may be prescribed ; and ^■^-r-y---: :;w1SWWwr»T*^"-""- ■f ^.1 ...--■*«-,— ™ .^ ■ . ... ^ s^-f.>1*iprvJ JS BTaff j» ^-°- tr-»i«;»«^' .?^W«**i'^^?^> t T v- ^ Ttte'-^yggg'^sB'gj^as''?^' -- *3S»ferer*^---vr%?-..??Srf^ *«- [Title XII. », of magazines rticH ; for coin- lantl, as well )OHO of erecting ring Huch land ». 384 (26). rs and firemen, Kre companicH, ng companies ; ji-sons who di.s- recuniary aid, persons who 48, 8. 384 (28). fire or lights in »8, and combus- ing on of manu- moting fire ; 36 regulating the 3ve, oven, boiler, jerous in causing chimneys as to he proper clean- md safe keeping m of party walls ; uits of houses to hes ; or stairs or (35). put in other re- ire or other dan- 0- ride so many fire prescribed; and Title XII.] MUNICIPAL INSTITUTIONS, Chap. 174. 153 for regulating the examination of thorn, and the use of them at Hres ; 30 V. c. 48, s. 384 (37). 38. For authorizing appointed othcers to enter at all reason- Iniipwtlon of ablo tiiiu« upon any property subject to the regulations of the i"««»l»«'- Council, in order to ascertain whether such regulations arc obeyed, or to enforce or carry into effect the .same ; 30 V. c. 48, 8. 384 (38). 39. For making regulations for suppressing fires, and for Preventing pulling down or demolishing adjacent houses or other erections, *^** "**" when necessary to prevent the spreading of fire ; 30 V. c. 48, s. 384 (30). 40. For regulating the conduct, and enforcing the assistance Enforoing of the inhabitants prestut at fires, and for the preservation of J^ * ' property at fires ; 30 V. c. 48, s. 384 (40). Removal of Snow, Ice, Dirt. 41. For compelling persons to remove all snow and ice from Removal of the roofs of the premises owned or occupied by them ; and to *""*'• "*"• remove and clear away all snow, ice and dirt, and other obstructions, from the sidewalks, streets and alleys adjoining such premises ; and also to provide for the cleaning of side- (Ueanimj of walks and streets adjoining vacant property, the property of gi,*^|[^t;.. non-residents, and all other persons who, for twenty -four hours, neglect to clean the .same; and to remove and clear away all snow and ice, and other obstructions, from such sidewalks and streets, at the expense of the owner or occupant in case of his default ; and in case of non-payment, to charge such ex- penses as a special assessment against such premises, to be re- covered in like manner as other municipal rates ; 36 V. c. 48, 8. 384 (41). Ohstmdion of Roads and Streets. 42. For regulating or preventing the encumbering, injuring Provenitini,' or fouling, by animals, vehicles, vessels or other means, of any "^^f^J^ „t road, street, square, alley, lane, bridge or other communication ; atreeta, etc. 36 V. c. 48, 8. 384 (42). 43. For directing the removal of door-steps, porches, railings Removal of or other erections, or obstructions projecting into or over any d^r-«t«pe, road or other public communication, at the expense of the pro- prietor or occupant of the property connected with which such projections are found ; 30 V. c. 48, s. 384 (43). Numbering Houses and Lots. 44. For numbering the houses and lots along the streets of Numbering the Municipality, and for affixing the numbers to the houses, •»•"»«*' "*<=• s^-K^,-.c-.»-..r?s.-.-.- --hn- -'^f.mif-:*^ -r -'^y«y?fe'^ftfyiHCWwta Kirj «wiftft>» ■-^sw»!j«W3»ffP***L*?K.«»Hw*c^ 164 (!ha|). 174. MUNKMHAL MATrFUS. [TlTLK X t?^ ..wm.r or occupant of each houH.- <^';, .''V^'^'' ^»»' ^^^^l^ 'r inci.l.'Ht to the nuinlKiriny of the Haine ; 3(. V. c. 4H,h.3H4 (V+j. Rc..or.« of 4;V For keeping ('"hI every Huch Council i« here».y ro-la v f. r al ering the name of anv street, s.,uare. roa.l l-"". " ^^^^^^ public ouuuunication. shall have any force or effect »nl^?;;> Ltil the by-law has been registered jn ^he Rj-ntry och"d. A (180). Levels of Cellars— Plans. 47. For ascei-taining an.l compelling ownei-s, t^nant-s and occiUt« to furnish the Councils with the 1«^« ^^^f. ^^^ heretofore dug or constnicted. or which may hereafter l)t .U% or'constructelalong thestreetsof the M";^-?^ ^ ^^^^^^^^ to be with reference to a line fixed by theTiy-laws, Jb V. c. 48, s. 384 (47). Con^uelling 48. For compelling to be deposited with '^^f^^'^J^J^ the fcmi«Sing j • ^he bv-law, before commencing the erection ot any teptt EuSn^" a groU or Uock plan of -^ ^j^J^XeTce'tol buildinp to 11^ of the cellars and basements thereof , with reterence to a beerected. ^.^^ ^^^^ ^^ ^^^ ^y.j^^^ . gg y. C. 48, S. 384 (48). Sewerage (vnd Diwmage. CeU««. BinU. 49. For regulating the coi^tructu)n «f ^^^^V^^^^^^^^;^ •to- closets, privies and pnvy vaults, and the manner oi araiuiug thesame; 36 V. 0.48.8.384(49). Fmin^ln hoi. 50. For compelling or regulating the fi»i"g "P'^^^^^^^^^^^ low p£ce«. clearing altering, relaying or repairing of any giounds, yaras ^-' **"• vSSiUott ce£. privafe drains, siX. cesspoo b and pn^ies In^or assessine the owners or occupiers of such grounds or ya?.^ or ofSeal estate on which tfce ceUars, private drain., ABcertaininj,' leveU of cellarH, etc. ^}y^ ;--^;-^S^~telT5caEte-" .'.t^m&msy&^^-'^^-^^^'^^tf^^^'^^''^^^^-' 5^ iA^t^^^ 55aa««TW.f-*?^ -"^ [Tm-K Xll. iid for charniiiK' itli tlui exiK'iise ■. 4H,s.3H4 Oi+j. lusriilty rmjviiiiMl imiiOwrH of the y, and tMiU'iiii^ (juiri'd to t-'iUt r •H ami distaiR'i's a boundary Uik'h ications, and for es at the cornfrn ; but no by-law n\, lano, or other effect, unletw and tlegistry office of ,nd the Registrar every by-law ho ertificates in o«jn- 10 V. c. 7, Sch'd. ere, tenants and vels of the cellais ■ hereafter l>e dug pality, such levels by-laws; 36 V. c. 1 an otticer, to be le erection of any building, with the vith reference to a I. (48). sUars, sinks, water- tanner of draining lling up, draining, ,ny giounds, yards, spools and privies ; •f such grounds or ars, private drain*, Title XII.J MUNICIPAL I^MTITUTI()NM. ("hap. 174. 156 MinkH, ceHHpoolH and privie.n are Nituate, with the cost thereof, ifchme by the Council on their default; 3(i V. c. 48, h. 384 (30). .')1. For making any other regulations for sewerage or drain- •'J«y»«_"'""' age that may be deemed necessary for sanitary puqioses; 3(5 V. "" ' c.48, 8. 384 (51). 52. For cliarging all persons who own or occupy propei-ty rharRinK rent which is dmine V. c. 48, s. 384 (52). JAcensing Tvimftient TrailerH. 63. For licensing, regulating and governing trarisient ReKuJnting tra2a-"'STX'r-^^'-*^ ■'*^!%^aW4■:-:^':;^S?^#>-■=T'^iWW?Jfc^i^ii'5^!^^ . ^ »i« r ' ".'jw* Ht»vi1k«af< "^ . .0««J.- _,Ktfvlv»n:~'i 156 Chap. 174. MUNICIPAL MATTERS. [Title XII. dences of and giving information to, or procuring employment for dome's^ fervants and other labourers desiring employ- r^entandS'tixing the fees to be received by the keepers of such offices; 36 V. c. 48, s. 385 (1). Regulation of. 2. For the regulation of such Intelligence Offices ; 36 V. c. 48, s. 385 (2). 3. For limiting the duration of or revoking any such license; 36 V. c. 48, 8. 385 (3). 4 For prohibiting the opening or keeping of any such In- telligencePoffice within the'^Municipality without license; 36 V. c. 48, s. 38ft (4). 5. For fixing the fee to be paW for such U^nse not ex- ceeding ten dollars for one year ; 36 V. c. 48, s. 386 (.5. Dnration of lioenae. Prohibition without license. Fees for. Begulatiifg erection of wooden build- ings and fences. Construction of buildings within fire limits. Wooden BuildiAfiga. 6 For regulating the erection of buildings, a^d .P''«^«'^*]"g the erection of wooden buildings, or additions thereto and woXf ences in specified parts of the City or To-^^^^^^^ for prohibiting the erection or placing of ^";^3' j^^J^ '^^ with main walls of brick, iron or stone, and iwfing ot incom S^ tiWematerial, within defined areas of the City or Tow^and for authorizing the pul ing down or removal, at the expense oi Jl^wnei rheiof,o^any%uilding o^ r'"Svtw Tv c constructed or placed in contravention of any by-law , 3b V.c. 48, s. 385 (6). Police. 7. For establishing, regulating and ™?i^i*«^^. V c'Tft' but subject to the other provisions of this Act, 3b V. c. *8, 8. 385 (7). Indmtrial Farm—Exhxhitwn. 8 For acauiring any estate in landed property within or wiLut tKtvTr To^ for an Industrial Farm, or f or a PubUc SLoall thereof when no longer required for the purpose , ana &eptin?anrtaking ch^ge of landed property, within or 'jthTufthTcity or T^wn, de\i<^ted for a pubic par^^^^^^^^ or walk for the use of the inhabitants of the City or lown , do V. c. 48, s. 385 (8). See also sec. 556. 9 Fr- the erection thereon of buUdings and fences for the purposes of the farm, park, garden, walk ^ Plj5« J^Jgf ^^f ^- tioiS as the Council deems necessary ; 36 V. c. 48. s. 385 (»). M«agin« the 10. For the manngement of the farm f^^, garden walk «am.. or place for Exhibitions and buildings ; 36 V. c. 48, 8. d»& H";. Police. Industrial farms, parks, etc. Buildings thereon. I' l ' iNt. , II J- 1 , J- ' H*) -^.- =ie»"S-Ml' [Title XII. iriag employment desiring employ- by the keepers of e Offices ; 36 V. c. ; any such license ; V of any such In- ithout license; 36 ch license, not ex- , 8. 385 (5; gs, and preventing litions thereto, and or Town ; and also lildings, other than d roofing of incom- e City or Town, and il, at the expense of ition which may be ay by-law; 36 V.c. intaining a police; 3 Act ; 36 V. c. 48, tion. property within or Farm, or for a public hibitions,andfor the Eor the purpose ; and property, within or I public park, garden he City or Town ; 36 gs and fences for the or place for Exhibi- V.cT48,8. 385(9). , park, garden, walk 6 t. c. 48, 8. 385 (10). Title XII.] municipal institutions. Chap. 174. 157 A Ivishouaes — Charities. 11. For establishing and regulating within the City or Town, Almshouses, or on the Industrial Farm or ground held for public exhibitions, «*«• one or more AliAshouses or Houses of Refuge for the relief of the destitute, and also for aiding charitable institutions within the City or Town ; 36 V. c. 48, s. 385 (11). See sec. 454 (7), and as to Workhouses, sec. 438. Corporation Sun>eyor. 12 For appointing any Provincial Land Surveyor to be the Corporation Corporation^urveyor ; 86 V. c. 48, s. 385 (12). ""-"'y-' Gas and M^ater. 13. For lighting the Municipality, and for this purpose per- Lighting with forming any work, and placing any fixtures that are necessary «^- on private property ; 36 V. c. 48, a. 385 (13). 14. For laying down gas or water pipes in any street, and Laying domi opening streets for the purpose ; and for taking up or repairing ^^^ ^* *" such pipes, and for using every power and privilege given to any Gas or Water Company incorporated in the Municipality as if the same were specially given by this Act, subject, how- ever, to the provisions herein contained as to the erection of gas or water-works and levying rates therefor ; 36 V. c. 48, s. 385 (14). io. For providing for the appointment of three Commis- Commia- i;ioners for entering into contracts for the constniction of gas ^j^'^'^^^^j and water works ; for superintending the construction of the gas or water same ; for managing the works when completed ; and for pro- ^o^s. viding for the election of the said Commissioners by the electors from time to time, and at such periods and for such terms as the Council may appoint by the by-law authorizing the election; 36 V. c. 48, s. 385 (16). 16. For constructing gas and water works, and for levying Construction an annual special rate to defray the yearly interest of the ^^^^"^^ ^"^^^ expenditure therefor, and to form an equal yearly sinking fund for the payment of the principal within a time not exceeding thirty years, nor less than five years. 36 V. c. 48, s. 385 (17). 468. No by-law under the last sub-section of the preceding section shall be passed — First: — Until estimates of the intended expenditure have been Estimate to be published for one month, and notice of the time appointed for Soa^of ' taking a poll of the electors on the proposed by-law has been taking poU on published for two months, and a copy of the proposed by-law 'jyl»*'- n < mnw ' i ' ! ' .«j-jn»i^ i *»" *i> «'" t> .» i ;WJWJ: ^< ^Skf^^.fr^-'' 158 Chap. 174. MUNICIPAL MATTERS. [Title XII. at length as the same may be ultimateljyr passed, and a notice of the day appointed for finally considering the same in Council, have been published for three months, in some newspaper in the Municipality ; or if no new.spaper is published therein, then in some newspaper in the County in which the Municipality is situate ; Poll to be Nor, secondly : — Until at a poll held in the same manner and •>eW andma- ^^ ^^^ ^^^ places, and continued for the same time as at elec- ^iliAymT, tions for Councillors, a majority of the electora, voting at the poll, vote in favour of the by-law ; By-law to be Nor, thirdly: — Unless the by-law is passed within three P«^ed wthin months after holding said poll. 36 V. c. 48, s. 386. If by-law 469. If the proposed by-law is rejected at such poll, no rejected. other by-law for the same purpose shall be submitted to the electors during the current year. 36 V. c. 48, s. 387 Provisions 470. In case there is any Gas or Water Company incor- where there is poj-ated for the Municipality, the Council shall not levy any gas Sany ta-^' or water rate until such Council has by by-law fixed a price to corporated for ^g-g,. Jq^ ^jjg ^orks Or stock of the Company ; nor until after p^it^""'"' thirty days have elapsed after notice of such price has been communicated to the Company without the Company's having accepted the same, or having, under the provisions of this Act as to arbitrators, named and given notice of an arbitrator to determine the price, nor until the price accepted or awarded has been paid, or has been secured to the satisfaction of the Company. 36 V. c. 48, s. 388. Proviso as to 471. The foregoing clauses or any of them shall not be con- provisions in g^j-ug^ to apply to or affect the provisions contained in any specia c . gpg^.^j ^g^. obtained or to be obtained by any Company or Municipal Corporation. 36 V. c. 48, s. 389. By-laws may be made for — Division VII.— Powers of Councils of Towns and Incor- porated Villages. 47JI. The Council of every Town and incorporated Village may pass by-laws : . Licensing Vehicles, &c. Roeulating 1. For regulating and licensing the owners of livery stables, and licensing ^^^ of horses, cabs, carriages, omnibuses and other vehicles ^absTAc for hire ; for establishing the rates of fares to be taken by the owners or drivers, and for enforcing payment thereof. 36 V. c. 48, s. 391. ' •^ ns-smMf' ':f!}ted or awarded tisfaction of the shall not be con- jntained in any my Company or Title XII] municipal institutions. Chap. 174. 159 )WNS AND InCOR- orporated Village 3 of livery stables, nd other vehicles ) be taken by the it thereof. 36 V. Division Vlll.— Exclusivk Powers of Councils of Counties. RcKpecflng Proteethm of lioom». Sec. 4-73. " Board of Audit — Criminal Justice Accounts. Sees. 474, 475. " Livery Stabks, &c. Sea. 476. " Horse Thieves. Sec. 477. " Improvements by single Counties of a Union. Sees. 478-482. 473. The Council of every County may make by-laws : ^'^^^ f"*I Protecting Booms. 1 For protecting and regulating booms on any stream Protecting or river for the safe keeping of timber, saw-logs and staves ^^^ within the Municipality. 36 V. c. 48, s. 392. Board of Audit— Criminal Justice, &c. 474. Every County Council shall appoint at its fii-st meeting County Boardi in each year two persons, not more than one of whom shall be- of Audit, long to such Council, to be membei-s of the Board of Audit, for auditing and approving accounts and demands preferred against the County, the approving and auditing whereof previous to the nineteenth day of December, one thousand eight hundred and sixty-eight, belonged to the General Quarter Sessions. JO V. c. 48, s. 393. 475 The Council may pay the persons appointed by them Payment of to serve on the said Board of Audit, any sum not exceeding members of four dollars each per day for their attendance at such audit, and five tents for each mile necessarily travelled in respect thereot in going to and from such audit. 36 V. c. 48, s. 394 ; 40 V. c. 7, ScUd, A. (182). Livery Horses, &c. 476 The Council of every County, Laving County gravel or ReKulating macadamized roads within its jurisdiction, and under its imme- ^"^^''Sl,, diate control, such roads being kept up and repaired by muni- 4c cipal taxation, and upon which no toU is collected, shall have power to pass a by-law or by-laws authorizing the regulating and licensing of the owners of livery stables and ot hoi-ses cabs, carriages, omnibuses, and all other vehicles used or kept for hire ; and for issuing and regulating teamstei-s licenses ; for regulating the width of tire used on such vehicles ; for establish- WheeU. ini the rates of fare that may be coUected or taken by the ^^ ^^ ^^^^ owners or drivers ; for enforcing the payment of such licenses, regulating rates of fares for the conveyance of goods or passen- r--,*- g^^r^°^ tf >rg i; ' g * ^l^ « " '•.v^s -mt^ 160 Chap. 174. MUNICIPAL MATTERS. [Title XIL Reward for apprehension nesB eers : and for enforcing the width of tire that may be used on luch vehicles, when travelling on the aforesaid County gravel or macadamized roads. 36 V. c. 48, s. 395, Horee Thieves. 477 The Council of every County shall provide by by-law, ;pp",7h;Mion that a .sum not less than twenty dollars shall be payable as a °*l?f™°f"£„~- reward to any person or persons who shaU pursue and .appre- «''""*■ henSor^^e to be appreLnded. any person or persons guxltv of stealing any horse or mare within the said County, and such reward shaU be paid out of the funds of the Corporation on conviction of theW. on the order of the Judge before whom the conviction is obtained. 36 V. c. 48, s. 396. bee 29-dO V. c. 51, 8. 355 (26). [Subsection 27 of Sectim 355 of 29-30 V. e. 51, en(wt8 as jollows : — X t to diB 27. The >aid reward shall not diaqualify the person claiming the same qu^ify wit or entitled thereto, from being a witness.] ImprweTnents by either County of a Union. Enabling 478. The Councils of United Counties may make appropria- S£r ^unty tions and raise funds to enable either County separately to SlriiU^e. carry on such improvements a^ may be required by the inhabi- menta therein, tants thereof. 36 V. C. 48, B. d\H. 479 Whenever any such measure is brought under the notice of the Council of any United Counties.none but the Reeves ^nd Deputy-Reeves of the County to be affected by the measjje shall vote f except incase of an equality of votes, when the Warden, whethe? a Reeve or Deputy Reeve o^/^ F/^^«f , ^f the Couiity to be affected by the measure or not, shall have the casting vote. 36 V. c. 48, s. 398. 4§0 In all other respects, all the provisions of this Act mving such privileges and making provision for the payment § Sf amounts appropriated, whether to be borrowed upon a loan or to be raised by direct taxation, shall be adhered to. 36 V. c. 48, s. 399. AM The Treasurer of the United Counties shall pay oyer SS^rr allsuLsorJsTanT into his hands by the several Col- dX^on""* lectors, without any deduction or percentage. 3b V. c. *o, s. 400. Ueeves, Ac, of the county interested alone to vote. Exception. Provisiona of this Act for repayment to apply. The property 489. The property to be assessed for the puxjoses contom- tobe'^Msewed i^^j ^ the four last preceding sections of this Act, sliau De in ««ch c^ g^^^^ 2\^ property assessed for any other County purpose, except th^anjsumtoberaisedfor the purposes of one County «S!r?w5??? a»^ ..Mi-J ! m -^ i'-u! fMM.^ mm-m »ia sms /mm-Jf^s:m^'<';---'- [Title XII. nay be used on County gravel vide by by-law, )e payable as a •sue and .appre- • persons guilty )unty, and such Corporation on re before whom 1. See 29-30 V. Title XII.] MUNICIPAL INSTITUTIONS. Chap. 174. 161 only, or for the payment of any debt contracted for the purposos of one County only, shall bo assessed and levied solely upon property assessed in that County, and not upon property in any other County united with it, and any debenture that may be issued for such purposes may be issued as the delienture of the said one County only, and shall be as valid and binding upon that County as if that County were a separate Municipality, but such rlebenture shall be under the seal of the United Counties, and be signed by the Warden thereof. 36 V. c. 48, s. 401. Division IX.- -ExcLUsivE Powers of Councils of Townships. e. 61, enacts as claimiug the same Union. make appropria- ty separately to d by the inhabi- ught under the le but the Reeves 1 by the measure votes, when the [ any portion of (t, shall have the ions of this Act for the payment borrowed upon a e adhered to. 36 es shall pay over the several Col- 36 V. c. 48, re purposes contem- this Act, shall be [• County purpose, jes of one County Respecting Statute Labour. Sec. 483 (1-5.) " Obstrmtions to Streams. Sees. 484, 48.5. 483. The Council of evei-y Township, may pass by-laws — By-laws may be made for— Statute Labour. 1. For empowering any person (resident or non-resident) J^^^^^^^^^ liable to statute labour within the Municipality, to compo'ind „£ statute for such labour, for any term not exceeding five years, at any labour, smu not exceeding one dollar for each day's labour ; 36 V. c. 4», s. 390 (1). 2. For providing that a sum of money, not exceeding one Compulsory dollar for each da/s labour, may or shall be paid in commuta- commutation, tion of such statute labour; 36 V. c. 48, s. 390 (2). 3. For increasing or reducing the number of days' labour, Fixing num- to which the persons rated on the assessment roll or otherwise ,tat,';teiXur shall be liable, in proportion to the statute labour to which such persons are liable in respect of the amounts at which they are assessed, or otherwise respectively; 36 V. c. 48, s. 390 (3). 4. For enforcing the performance of statute labour, or pay- Enforcing sta- ment of a commutation in money in lieu thereof, when not *""' •'*'"'"'■• otherwise provided by law ; 36 V. c. 48, s. 390 (4). .5 For regulating the manner and tlie divisions in which Regulating statute labour or commutation money shall be performed or P«rfwn""«=e. expended. 30 V. c. 48, s. 390 (o). See 40 V. c. 7, Sched. A (181). 484. The Council of eveiy Township may also pass ^7" j^J;JfJ,g fJ^L laws ; 11 r-'xWKnliSvH'Ta^ ,.;.i£SL- 162 Chap. 174. municipal matters. [Title XIIi OhstrncHons to Strcaiiw avd Water-conrse». Prev.ntin, 1. For preventing the ohstruction of streams, creeks and nbstnutin^ of water-courses by trees, brushwood, timber, or other materials, str.an.H, .to. ^^^^ ^^^^ clearing away and removing such obstructions at the expense of the offenders or otherwise ; 2. For levying the amount of such expense in the* same manner as taxes are levied ; 3. For imposing penalties on parties causing such obstruc- tions. 3G V. c. 48, s. 402. 48«. Whenever any stream or creek in any Township is cleared of all logs, brush or other obstructions to the Jown line between such TowTiship and any ac^oining Tj^v^hip into jvhi h such stream or creek flows, the Council of the Township in which the creek or stream has been cleared of obstmction luay Terve a notice in writing on the head of the Council of tne adioining Township into which the stream or creek tlo^vs, requesting such cJuncil to clear such stream or creek through theh Municipality ; and it shall be the duty of such last-named Council, witKin six months after the service of he notice as aforesaid, to enforce the removal of a obstructions in such creek or stream within their Municipality, to the satisf act on of any person whom the Council of the County in which the Municipality whose Council served the notice is situate, shall appoint to inspect the same. 36 V. c. 48, s. 403. Iu'vyinj,' expenses. Penalties. When Htream in any town- ship cleared of obntnictionH, notice may be served on council of adjoining _ municipality through which stream runs, requiring them to remove obstructions within their municipality. TITLE II -POWERS AND DUTIES OF COUNCILS AS TO HIGHWAYS AND BRIDGES. Div I—Genekal Provisions. Div II -Counties, Townships, Cities, Towns and Villages. Div". Ili.— Townships, Cities, Towns and Villages. Div! IV.— County Councils. Div. v.— Township Councils. Division I.— General Provisions. Highways defined. Sec. 486. Freehold in Crown. Sec. 487. , « Jurisdiction of Councils. '^^^- '*^^- „„ .q^ Possession in Municipaktus. Sec. 489, 490. Liability for Repairs. Sec. 491. | County Roads and Bridges defimd. Sees. 492, 49.1. r?«gSP^WffiP":^^- ^;^^«3^4,^,,**^, [Title XIL ms, creeks and other luaterials, ructions at thi- e in the' same g such obstruc- ny Township is ;o the Town line nship into which ;he Township in obsti-uction may ; Council of the or creek flows, or creek through such last-named of the notice as ructions in such I the satisfaction ty in which the 3 is situate, shall )3. COUNCILS AS 3ES. !js AND Villages. Villages. Title XI T.] municipal inhtitutions. Chap. 174. 163 :oNS. 90. 492, 493. ^ Iiii.proi'i)y/ (ind Mainfojnlnf/ Con iif'j Roiulf^. Sfos. 494, 4!).5. Mimitnin'mij Toivnnhii> Roadu Seen. 4!)(), 497. liodds awler joint jurisdietlon. Sacs. 49M-.')(K). TrKiin/ar of former ponwrf* of J nut ices in tSeHsioHH to Count;/ (iouiicih. aSV'o. .')()1. Roiub* vented in Her Majesty not affected. Sec. .)02. Roads on Dominion Lands not affected. Sec. .503. lioads nccess'iry for ej/ress. Sec, ^04. Width of Roads. Sec. 'iO'>. N^otices of Bij-km's afectimj Public Roads. Sec. 50G. Registration of Road By-laws. Sec. r)07. Disputes respectiwj RoaM — Administration of oaths. Sec. nOH. Highivays Defined. 486. All allowances piade for roads by the Crown Sui'v^eyors What hIhiU m any Towti, Township or place already laid out, or hereafter no^iighwajH.''' laid out ; and also all roads laid out l>y virtue of any statute, or any roads whereon the public money has been expended for opening the same, or whereon the statute labour has been usually performed, or any roads passing through the Indian lands, shall be deemed common and public highways, unless where such roads have been already altered, or may hereafter be altered according to law. 3G V. c. 48, s. 404. See Rev. Stat. c. 146, ss. 49, .50 & 67. Freehold in the Crown. 7. Unless otherwise provided for, the soil and freehold of [^j®,^^" ^ ^^ highway or road altered, amended or laid out, according vested in the' 487. every ...^ .^ — , , „ •-- to law, shall be vested in Her Majesty, Her Heirs and Succes- Crown, sore. 36 V. c. 48, a. 405. Jurisdiction of Municipal Coundla. 488. Subject to the exceptions and provisions hereinafter Jurisdiction of contained, every Municipal Council shall have jurisdiction over ^"^^'4°''®'" the original allowances for roads and highways and bridges within the Municipality. 36 V. c. 48, s. 406. Possession in Municipality. 489. Every public road, street, bridge or other highway, in a City, Township, Town or incorporated Villasr ,shall be vested in the Municipality, subject to any rights in the soil which the individuals who laid out such road, street, bridge or highway reserved, and except any concession or other road within the City, Township or Town or incorporated Village, taken and held possession of by an individual in lieu of a street, road or high- way laid out by him without componsation therefor. 36 V. c. 48, s. 407. streets in cities, towns and incorpo- rated villages vested in _ _ muniuipalitieB subject to certain rights. 1I}4 Chap. 174 MUNU'll'AK MATTKKS. [TiTI.K XII Repairing? of iiuMio roadn, tc. Limitivtion of actioiiH. thereof to the extent of one hun.h-e.l ^-'^ -^T^^"^' ^^f ^ t provisions of section number tour hundrea and htty-six ot Act. 3(5 V. c. 48, s. 408. Liahility for Repairs. 491. Every public roa.!, street, bridge an.l highway shall be of Huch default, but the action must be brought within thic months after the damages have been sustained : Towhatroaa. 2. This scction shall not apply to any voa.h^^^^^^^^^ 'Mn'Hcubie. ^, ,,i i,,vay laid out by any private P^:^''^""''^^,^ f J^! Je,- ation shall not be liable to keep in repair any ^;^^^\jj^trw tioned road,, street, bridge or highway, ""^^^^^^f^''^^ ''^^ j^^ by-law of the Corporation, or otherwise assumed fo, public user by such Corporation. 3G V. c. 48, s. 409. [By sedwm 1 and 3 of G. S. G. c. 8.5, it is provided that :- 1 The right to use as public highway all '"-^d^, streets and public pomted iWii, (except in .( far «. '»" "V'' "' J„' ,/^„„ed by some Buch concession or side road). Id, 14 ./ . c. lo, a. j. 3. If the Municipal Corpo^tion of ajjy^ch Jjil^ - i"-^-«;J^ J^ conviction is had. 13, 14 V. c. lo, s. 1.] What are Gounty Romls and Bridges. \'se of luiblic ro vds i" cities ami towns vesteil in the municipality. Conaeriuences of neglect. Jurisdiotiun of 49 i cumty coun- ^\\ oils over ror.ds and bridge". er fe l»a Tlu OountyCouncH slmUhaveexclusiycJMrisdictionoye ^t finn (\MiTitv and which the Council l)y by-law assumts wiui i^^^^^Sh^n^uV, Town or Village Municipality as a Gountv old or brid-^e, vmtil the by-law has been repealed by S^ cl.cTand overall bridges across streams separating two TownS ip in the County, and over all bridges crossing streams T:j^«K;sfS,^»«?>S(«!»S.r''' "i!S«ff«S i^jwoarsf^ [TITI.K Xll lay nspt'ctivtly ": .'»'•» ^' ^'^ 7. s. '2, Srhnl. li. \Wl. AnyC .iintyt'ouneil inayassunie,iiiakeand inaintainany f'''''^''^^^^^^^^^^^^^^ To\vn*lniioV(J lunty lioundary line at tlie expense of the County ,[,',"ii',,'"il„.,ri,y or may grant such sum oi' sums from time t«) time for the .said r.iiiiity. purpo.ses as they nuiy deem expedient. 'M\ V. c. 4« !. 411. Ah to Improving and Mfintnintuii County lioadH. 494. Whena Cotuity Council assumes, by by-law, any road }^!^^,;'' or brid'-e within a Township as a Coui\ty road or bridge, the nH,„7„,..n.y Councifshall, with as little delay as rea.sonably may be, and at ^;m"ty '=""" the expense of the C(mnty, cause the road to be planked, gra- velled or macadamized, or the bridge to be built m a good and substantial manner ; and further, the CountyCouncil shall cause ,^l*;»';;i^"^'^' to be built and maintained in like manner, all bridges on any in.i.l(,'eH in river or stream over one hundred feet in width, within the villager. limits of any incorporated Village in the County, nece,s.sary to connect any public highway leading through the County. 87 V. c. IG, s. 18. 493. It .shall be the duty of County Councils to erect and f^^Jf,;!;;;,.. maintain bridges over i-ivers, forming or crossing boundaiy lines ,,aiitie«. between two Municipalities (other than in the case of a City or separated Town) within theCounty; and in case of a bridge over a river forming or crossinga boundary line between two Coun- ties, or a County and a City, such bridge .shall be erected and maintained by the Councils of the Counties or County and City pj^^..^.^.^^ ^c respectively ; and in case the Councils of such County and City, be settled l>y or the Councils of such Counties, fail to agree on the respective arbitration. portions of th.e expense to be borne by the several Municipa- lities, it shall be the duty of each Council to appoint arbitrators, as provided by this Act, to determine the amount to be so ex- pended, and the award made shall be final. 37 V.c. IG, s. 19. Maintaining Towmhix> Roads. 496. All Townshipboundary lines not assumed by the County nomulary Council shall be opened, maintained and improved by the Town- .'^[^fjb/" ship Councils, except where it is necessary to erect or maintain county coun bridges over rivers forming or crossing boundary lines between «i. two Municipalities. See 3G V. c. 48, s. 414, and 37 V. c. 16, s. 19. 497 Township boundary lines forming also the County Townsship boundary lines, and not assumed or maintained by the respec- \^^^^^' tive Counties interested, shall be maintained by the respective cuuty boun- Townships bordering on the same, except where it is necessary Ji^''^"' to erect or maintain bridges over rivers forming or crossing boundary lines between two Municipalities. 36 V. c. 48, s. 415 ; 37 V. c. 16, s; 19. ■•«*j;;j!»>?^j»^t«i««r-»a««W*rt«miM „.S^ - i im ■Tniiit inrimlii' tiiiii iiviTi'i'l'- tiuiiMad-'. Clmj.. 174. Ml'NK'll'Al, MATTKHK. [TiTLK Xll. Jioiulti under Joint JarixdU'tUm. • 4»H. In cane a road lios wIk.H.v <>r partly iMtw.i'ii a t/.uiity, City T..wn,T()Wii.shii) or inc-ori)..rat.Ml Villajii', and ana.l.|omnit,' Cuuntv or Countirs, City. Town, Townshii. or inf..ri.oiatiM| \ il- laL'i' tiu' Councils of tlif Municiiuilitii's Lctwi-i-n vvliifl. tlu- r<.a. lios shall hav.- joint juris.liction ov.r the sauu', altl.ou|,'l. tin- roa.l nmy so .U-viat."' as in son..' plao.-s to U- wholly or in part wiU.m on.' or .'itlu.r of th.-n. ; an.l th.- .aid road shall not iiKludo a l.rid^rv „vi-r arive^r forniin^'orcros.sinj,'tho boundary line hetwcon two^Munioipalities. Sti V. c. 4H, s. 41(1. Hoth oounciu 490. No l.y-law of tho Council of any one of such Municipa- mu.t rom-ur ,... |^^, rcs'tu'ct to aiiv s\ich last nu-ntionctl road <>r l.ri"m;ils has - in" joint jurisdiction in the premises. 3U V. c. 4«, s. 417. Arbitration |if 500. Ill casc the other Council or Councils, for six months tluy aon..t f.^.,. ,j„(.ij.,. „f tiie l,v-law, omit to pass a by-law or by-laws in """'■"'■• similar terms, the .luty an.l liabilities of each Municinahty in respect t.. the roa.1 or bri.lge shall be referred t.) arbitration under the provisions of this Act. 30 V. c. 48, s. 418. Tvamfi'v of Povern of J mt ices in Sest>ionK sot All powers, .luties an.l liabilities which at any time before the fir.st .lay of January, one thousan.l eight hun.lred and fifty, belonge.l to the Magistrates in Quarter Sessions, with respect to any particular r.)ad or bridge in a County, and arc not conferred or imposed upon any other Municipal Corpom- tion, shall belong to the Council of the County, or in case the road or bridge lies in two or more Counties, to the Councils ot such Counties ; an.l the neglect and disobedience of any regula- tions or directions made by such C.)uncil or Councils shall sub- iect the offenders to the same penalties and other consequences as the neglect or disobedience of the like regulations of the Magistrates would have subjected them to. 36 V. c. 48, s 41 J. lioads vented in Her Majesty not affected. 303 No Council shall interfere with any public road or bridc^e vested as a Provincial work in Her Majesty, or in any public Department or Board, and the Lieutenant-Governor shal by Order in Council have the .same powere as to such road and bridge as are by this Act conferred on Municipal Councils with respect to other roads and bridges ; but the Lieutenant-Gover- nor may by proclamation declare any public road or bridge uner- the control of the Commissioner of Public Works, to be no longer under his control, an.l in that case, after a day named in the proclamation, the road or bridge shall cease to be under the control of the Commissioner, and no tolls shall be there- after levied thereon by him, and the road or bndge shall thence- Certain \ww- ern i)f Juntici'H in SeHsions transfeirt'il to CMimty uoun- eils. RoadH, etc., as Provincial works vested in Her Majes- ty, etc. , not to be interfered with. Proclamation bvLieutenant- Gfovernor aH to roads, etc., under control of Commissioner of PubUc Works. •% f j ...S a!.^!- &J39» ' fe':?' -'- gy iiF'' :• S^Ssga^^^SS^^^**" [TiTI.K XI 1. kVfi'ii a ('()\intv, U(l anadjoiniiif,' ic(»i-]M)i'at('' Council of the Muiiiiipality 'M\ V. c. 4H, s. 4-2(>. Nor Uinii}" (>t\ lJi»iiiiii(iii Laiuh. SMUl. No Council shall pivss any l-y-law 1 For stopping up or altering the direction or alignnient ol int.'rfere.l anv street, lane ""or thoroughfaiv made or lai.l out by Her «'"'• Majesty's Ordnance, or the rrim-ipal Secretary of State m whom 'the Onlnance Kstates became vested under the Statute of th.' Pn.vince of Cana.la passe.l in the nineteenth .year o };• V.j^c.^4.\ Her Majesty's reign, chapter forty-Hve, or the t onsoiidated (.;^,^; ; .^| Statute" of "Canada, chapter twenty-four, r.-spectiiig the ()rd- *; WV. v. « nance and Admiralty lands, or by the Dominion of Canada; or (' »• 2. For opening any such communication through any lands JJ^'^jn'"" held by the l)ominie ot the lame width as formeriy, and no highway or street shall be laid out by any owner of land of a less width than sixty-six teet, without the consent of the Council of the Municipality. 30 V . c. 48, 8. 423. m ,ih i.t.s a g jega -if ' sat. i 1 KJS Clmp. 17+. MrN'hil'Al, MATTKHs. ['Iiti.kMI. Not'uro Rvijit'is',!, j'itr Hi/'hnrs (ifniivn V\ihl\v lUnnh. • ■.,n.litiMi.H SWiiV Nn ( '.•imcil sliall mss ii l.y-hiw for stoi.i.iii^ ui.,nlt.Tii-K, ,,r.rr,l.iitto ^.i,|,,„i„,, tlivritin;,' Ml- selling,' Hiiv ««iiy:iiial allouaiicf tur tipiul l;;r.'int!'na,.l ..r fur rstalir.sl.iM-, niM.nin-, st-.i^in;; MK altninK Nvi.lri.il.-, t-MitfiMi i.iili- .livritiii"- ui' silliiiy an\ nlLir i.ul.hi' l.ii^liway, luail, Htivct ui laiit.' ; Notio- 1.. Ik 1. Ihitii writtrn i.r piititrd i.otic.s ,,f tli;- int.-nHtf.)ii|i. |,„y,. 1„.,.„ j„,st((l \\\) til.r lliol.tll plTviiUlslv in six of tl.c l.iost jiiil.lic jilacts ill till- inm.iiliatf i.(ijj;liliomi.oo(l of siicli orii^inal allowaiiof for road, stmt or otlicr l.i;,rl.way, road.Ktroi-tor laiif ; Ana,mMi-hea '2. An'l l.ul.lish.Ml wi-rkly for at k-ust four sum-Hsivt' vvn;ks In m'w«i.i»j.iT. in soiiii' m'\vs|)aj)(i' (if thcit' Uc any) jmlilisl.til m tlif iMunici- ))ality ; or if tlific bf no sucli ncwspaiicr, tlifii in a nt'wsiiapi'r j.iililislii'.l in son.f nci;;l.lioinin<,' Miiniciiiality ; au"l, in i-ithfr cast.', in the County Town, if any such tlmri' lie ; :{. Nor until tii»' Council lias l.i-ard, in {uiHon or l.y counsel or attorney, any one wliosc lai.il n.ii,d.t In- prt-judicially atlVctod tlicrcliy, and w'l.o jK'titions to I'f si» heard ; \. And the Cleik shall j,nve such notices, at the reeiie(l on j)rivfttt»l>ro- i)erty tt) be regiHtered. Ab to by-lawH already passed. '<* »«»! " ■' "-■> • " fft^^ m m ^,r^j:-;pK-^&:fS?53S^^ ggiipJISiJSi^^^SSS^gS S.5S^^SSt?^' ['lm,K Ml. iii^uit.nlU'riiij,', svuiicf fur fiiiul ■\\\)i, wiiliiiiii;,', rua Ailiu'nilslv,- (hillin. •WH. in case of disputi's in any .Muiiicipiility coiicrrnin).' iw loads, iillowaiicrs for roads, side liiifs, lioundarii-s (»r ('oiici's- !J['||,' sioiis, within the cogui/aiu'c of and in tin- coin-sc of invest iga- ciwc lion iwfoiv a .Municipal Council, tin/ head of tli.' Couiicil may adminislcr an oath or atlimiation to any party t>r witm-ss e.\- umint-d uiioii the matters in dispute. 'M> V. c. 4^s, s. 44(;. \{\\> > I' to ail <«i r iintli-« rtaiii *« «• (( (f « DiVlSlKS II.— Po\VKUS()KCorNTll.:S,T(»WNHIin'S,riTIKS,T()WNS, AND iNt'olU'oUATKK ViM.AtiKH I.V UEI.ATIUN TO KoADS AND HuiDtiKS. J'oarrs in (Jeneml, Sec. 50(» (1). IicHi>i'.d'ing Tolh, Sec. 50!) (2, 3, (5). Tinihcr OH Road AUowKnco*, Sec. 50!) (4). GrontliKj o/2»'ii'lle!jen to Hodd or Bridyc Coia- jtanies, Sec. 5()!» (6). Midcrialnfor lioLuh. Sec. 50!) (7). Road AUowanco*, Sec. 50!) (8), 510, 61 1, 512._ Aid to AdjoitiiiKj Mtinici})alitie8 in Makiwj Moads or Bridges, Sec. 513. 300. The Council of every County,To\vnship, City, Town and BylawM may , ,T.i. 11 bo luaile tor - incorporated Village may pass by-laws— General Powers. 1. For opening, making, preserving, improving, repairing. Opening' ..r widening, altering, diverting or stopping up roads, streets, 3;",";J!'' squares, alleys, lanes, bridges or other public communications within the jurisdiction of the Council, and for entering upon, breaking up, taking or using any land in any way necessary or convenient for the said purposes, subject to the restrictions in this Act contained ; and for preventing and removing any ob- struction upon any roads or bridges within its jurisdiction, and also for permitting sub-ways for cattle under any higliway ; 36 V. C.48, s. 425 (1). Tolls. 2. For raising money by toll on any bridge, road or other Raising money work, to defray the expense of making or repairing the same ; ^y " • 36 V. c. 48, s. 425 (2). 3. For making regulations as to pits, precipices and deep Makingjegu- waters, and other places dangerous to travellers ; 36 V. c. 48, .faigerous s. 425 (3). i'^'«'«^- »^-ar-™^»*i"»- 'M,,: j J ! iiiM^*^- m^ 170 Chap. 174. MUNICIPAL MATTERS. [TiTLE XII. Timher, &c., on Road Alloivances. « For tion ?orpre8erva. 4, For preserving or selling timber, trees, stone sand oi ,i„n of trees, ,„.avel, on any allowance or appropriation for a public roaii , '""'• ''" but this shall be subject to the provisions of Tkc Act respecting the Sale and Man'i(femetit of Timher on PMw Lands relative to Government road allowances and the granting of Crown tim- ber licenses ; 36 V. c. 48, s. 425 (4). Permitthuj Coynpaniea to make, Sc, Roads and Bridges, &c. Rev. Stat. c. 26. Grantinj,' pri to rof o. l)ridge com to take tolls. 5. For regulating the manner of granting to Road or Bridge vileges to road Companies permission to commence or proceed with roads or paS^''""'" bridgL within its jurisdiction, and for regulating the manner of ascertaining and declaring the completion of the work so as to entitle such Companies to levy tolls thereon, and tor regu- lating the mamier of making the examinations necessary tor the proper exercise of these powers by the Council ; .lb V. c. " 48, s. 42.5 (5). See also Rev. Stat. c. 152. Grant of Tolls. Granting right G. For granting to any person, in consideration or part con- ..,f„v..tnik si^eration of planking, gravelling or macadamizing a road, or of building a bridge, the tolls fixed by by-law to be levied on the work for a period of not more than twenty-one years atter the work has been completed, and after such completion has been declared by a by-law of the Council authorizing tolls to be collected ; and the grantee of such tolls shall, during the period of his right thereto, maintain the road or bridge in repair ; 36 V. c. 48, s. 425 (6). Taking Materials. 7 For searching for and taking such timber, gravel, stone or other material or materials as may be necessary for making and keeping in repair any road or highway belonging to any such Municipality ; and the right of entry upon such lands, as well as the price or damage to be paid to any person tor such materials, shall, if not agreed upon by the parties concerned, be settled by arbitration in the manner provided by this Act; 6b V. c. -.8, s. 425 (7). Selling Old Road Allowances. Searching for and taking materialH for roads, etc. When the council may stop up or sell a road allow- ance. 8. For selling the original road allowance to the parties next adjoining whose lands the same is situated, when a public road has been opened in lieu of the original road allowance, and for the site or line of which compensation has been paid, and for selling in like manner to the owners of any adjoining land any road legally stopped up or altered by the Council ; and in case such parties respectively refuse to become the pur- ^^^^i^^t^^y* "i^fcjjjS^Ss^S^^y^S? s.s;a# ' gSgii><^^^fa^ '^< *few» ' 5i?Jt? '^^->'«*«^'^^ [Title XII. stone, sand or a public road ; c Act respadbig ', Lands relative ir of Crown tim- md Bridges, &c. 1 Road or Bridge 3d with roads or ,ting the manner of the work so !on, and for regu- ins necessary for auncil; 36 V. c. btion or part con- mizing a road, or \N to be levied on y-one years after h completion has )rizing tolls to be during the period bridge in x-epair ; ber, gravel, stone sssary for making belonging to any »on sudi lands, as ly person for such •ties concerned, be i by this Act ; 36 ce to the parties ;ed, when a public il road allowance, lon has been paid, I of any adjoining i by the Council ; o become the pur- TlTLE XII. j MUNICIPAL INSTITUTIONS. Chap. 174. 171 oha,sers at such price as tlio Council thinks rea.sonalile, then for the sale thereof to any other person for the same or a greater price. 36 V. c. 48, s.'42.') («). 310. In case any one in possession of a concession road w >yi',^,'J^Ji[;;;"|, s:ide line has laid out and opened a road or street in place J^^^r'^l^'VI^.^;^, thereof without receiving compensation theref>n', or in case a ullowanct., new oi' travelled public road has lieen laid out and opened in '•;;";,',';:^;:,f' "" lieu of an original allowance for road, and for which no com- wii.we liuid is pensation has been paid to the owner of the lan.l appropriated ™,;3' ..,,,. as a public road in place of such original allowaiicf, the owner, joining mitti- if his lands adjoin the concession road, side line, or original '"^l >-"a'i- allowance, shall l)e entitled thereto, in lieu of the road so laid out, and the Council of the Municipality, upon the report m writing of its Surveyor, or of a Deputy Provincial Land Sur- veyor, that such new or traA'elled road is sufficient for the pur- f'wmKof poses of a public highway, may convey the said original ^'n„wance. allowance for road in fee simple to the person or persons upon \-,-hnse land the new road runs. 2. When any such original road allowance is, in the opinion Compe«H^vtion of the Council, useless to the public, and lies between lands ,,"^',H/takl'r owned by diflerent parties, the Municipal Council may, sub- wbn cWh n..t ject to the conditions aforesaid, sell and convey & part thereof "^^^^^^^ to each of such parties as may seem just and reasonable ; ..riginal roa.l. and ".n case compensation was not paid for the new road, and the person through whose land the same passes does not own the land adjoining the original road allowance, the amount re- ceived from the purchaser of the corresponding part of the road alloAvance when sold .shall be paid to the person who at the time of the sale owns the land through which the new road passes. 36 V. c. 48, s. 426. Possession of Unopened Road Allowances. Sll In case a person is in possession of any part of a Originalallow- Government allowance for road laid out adjoining his lot and Xn to be enclosed by a lawful fence, and which has not been opened for deemed legally public use by reason of another road being used in lieu thereof, ll^^f^^^^i paL* or is in possession of any Government allowance for road par- eil for opening allel or near to which a road has been established by law in lieu them, thereof, such person shall be deemed legally possessed thereof, as against any private person, until a by-law has been passed for opening such allowance for road by the Council having juris- diction over the same. 36 V. c. 48, s. 427. Notice of By-laws for Opening such Allowances. 5ia. No such by-law shall be passed until notice in writing Nf^ti^ce^(^f l.y- has been given to the person in possession, at least eight days ^^yg„" ^ before the meeting of the Council, that an application will be made for opening such allowance. 36 V. c. 48, s. 428. ■»nW-V r "- tion is situate shall in all cases be the third arbitrator. 36 V . 0. 4a, s. 437. 533 It shall be the duty of the Wardens of the Counties Meetina nf interested to meet within twenty-one days from the time of re- ^v-^'' ^■»"- ceiving such application for the determination of the matter in dl^nitl The Warden of the County in which the Township fir. t ^^ j;" to-- making the application is situated, shall be the convener ot t e meeting ; and it shall be his duty to notify the Warden ot the 174 Chap. 174. W'.iat the wardens and county jud),'o Hindi dettr- iiiine, etc. MUNICIPAL MATTERS. [Title XII. other County and County Ju(lf,'c of the time and place of nieet- inj,', within eight days of the time of his receiving such applica tion. 3(5 V. c.^.48,s.',438. .533. At such meeting the Wardens and County Judge, or any two of them, shall 2S. 3y-iaw8 for- S^S. The Council of every Township may pass by-laws— Aiding Counties, 1 For granting to any adjoining County aid in making opening, maintaining, widening, raising, lowering or otherwise improving any highway, road, street, bridge or communication lying between the Township and any other Municipality, and tor granting like aid to the County in which the Township lies in respect of any highway, road, street, bridge, or comniunica- tion within the Township assumed by the County as a County work, or agreed to be so assumed on condition of such grant ; 36 v.' c. 48, 8. 441 (1). Closing Road Allowances. 2. For the stopping up and sale of any original allowance for road or any part thereof within the Municipality, and for fixing and declaring therein the terms upon which the same is to be sold and conveyed ; But no .such by-law shall have any force — (o) Unless passed in accordance with the five hundred and sixth section of this Act, nor (b) Until confirmed by a by-law of the Council of the County in which the Township is situate, at an ordinary session of the County Council, held not sooner than three months nor later than one year next after the passing thereof ; 36 V. c. 48, s. 441 (2.) Trees obstructing Highways. Ordering trees 3. For directing that, on each or either .side of a highway to be cut down under the jurisdiction of the Councd pas.sing through a wood, o^'nvld''*' the trees (unless such as are reserved by the owner for orna- ' ■ ment or shelter) shall, for a space not exceeding twenty-five feet on each side of the highway, be cut down and removed by the proprietor within a time appointed by the by-lav- or, on liis default, by the Overseer of Highways, or other > ficer in whose divisit)n the land lies ; and, in the latter case, for autho- rizino- the trees to be used by the Overseer or other officer for any puipose connected with the improvement of the highways and bridges in his division, or to be sold by him to defray the expenses^f carrying the by-law into efl"ect ; and the Councd may "rant out of Township funds any money that may be Stopping up and Bale of original roail allowance. Proviso. I ■ ! xmsi-i^ ■ -^TX-^'W^^'iSM^^'™^^*^^^^"''*'*" [Title XII. Title XII.] MUNICIPAL INSTITUTIONS. CJliap. 174. 177 X8. 527, 52S. lass by-laws — aid in making nc or otherwise ■ communication [unicipality, and rie Township lies !, or communica- nty as a County n of such grant ; iginal allowance jipality, and for hich the same is five hundred and Lcil of the County ary session of the iths nor later than V. c. 48, s. 441 (2.) ide of a highway f through a wood, i owner for orna- jding twenty-five a and removed by he by-law or, on r other c'ficer in er case, for autho- ir other officer for t of the highways liim to defray the ; and the Council ney that may be necessary to pay for the cutting down and removing such trees; :i(J V. c. 4H, s. 441 (8). Footpdhsi. 4. For setting apart so much of any highway as tlie Council Footpathn. may deem necessary for the purposes of a footpath, and for imposing penalties on persons travelling thereon on hoiseback or in vehicles. 36 V. c. 48, s. 441 (4). Townships and Coiintiea Sailing Mintvi'iils. tS36. The Corporation of any Township or County, wherever Snle of mineral minerals are found, may sell, by public auction or otherwise, "'''|\*^ "'"^•"' the right to take minerals found upon or under any roads over which said Township or Coutity may have jurisdiction, if con- sidered expedient so to do, 2. No such sale shall take place until after due notice No sale till of such intended by-law has l)een posted up, in six of the ^^^'^^ notice, most public places in the immediate neighbourhood of such road, for at least one month previous to the time fixed for con- sidering such by-law. 3. The deed of conveyance to the purchaseror purchasers, under Sale not to said by-law, shall contain a proviso protecting the road for public '" 'y-^^^® '"V' travel, and preventing any uses of the granted rights interfering ''" with public travel. 30 V. c. 48, s. 442. Sale of Roads in Villages or Hamlets. S^7. In case the Trustees of any Police Village, or fifteen of When roads in the inhabit'int householder-s of any other unincorporated Vil- and*oertidr?^ lage or hamlet consisting of not less than twenty dwelling ImmletH may houses standing within an area of two hundred acres, petition J;',tij*"e^o^'^b''* the Council of the Township in which the Village or hamlet is township' ^ situate, and in case the petition of such unincorporated Village """ncil*- or hamlet, not being a Police Village, is accompanied by a certi- ficate from the Registrar of the County within which the ToAvn- ship lies, that a plan of the Village or hamlet has been duly deposited in his ottice according to the registry laws, the Council may pavss a by-law to stop up, sell and convey, or otherwise deal with any original allowance for road lyinj:; within the limits of the Village or hamlet, as the same shall be laid down on the plan, but subject to all the restrictions contained in this Act with reference to the sale of original allowances. 36 V. c. 48, s. 443. •ISI8. The last section shall apply to a Village or hamlet when villag* situate in two Townships, whether such Townships are in the ^ i>urth' in same or different Counties, and in such case the Council of each townshipT* of the Townships shall have the power thereby conferred, as to anv original allowance for road lying within that part of the 12 J^ 178 Chap. 174. MUNICIPAL MATTERS. [Title XII» Village or hamlet which, according to the registered plan, i» situate within such Township. 36 V. c. 48, a. 444. TTTTF T!T -POWERS OF MUNICIPAL COUNCILS AS TO DRAINAOE AND OTHER IMPROVEMENTS PAID FOR BY LOCAL RATE. D,v. I —Townships, Cituh, Towns and Villages. jjiv^ n._CiTiKS, Towns and Villages. Div! Ill— Counties. Division I.— Townships, Cities, Towns and Villages. Local drainaye hy-laws, and fund for. Sees 529^^530 Complaints respecting assessments, how tried, hec. o^y (8- 13) ■S»':: l! Quashing by-laws, limitations respecting, fiec. 531-533. Extendon of works to other MumcnmhUe^- i^ec. 534. Mode of apportioning fo.st Sees. 53;^'^'*^- Who to keep in repair. Sees. 542-544. Damage done by xiorks. 6fec. 545. Drainage by private persons, bee. 540 Earth may be spread on road. Sees. o4,i, oW. Con8tnu:twn of ditch on town line between two Mumcipalx- ties. Sees. 549, 550. S29 In case the nm)onty in number of the persons, as shown W the last revised assessment roll, to be the owners (whethei resident or non-resident) of the property to be bene- fited in any part of any Township, City, Town or incorporated Village, petition the Council for the deepening of any stream, creek or water-course, or for draining of the property (de- seribinff it) the Council may procure an examination to be made by an Engineer or Provincial Land Surveyor of the stream, creek or water-course proposed to be deepened, or of the lo- cality proposed to be drained, and may procure plans and estimates to be made of the work by such Engineer or Sur- vevor and an assessment to be made by such Engineer or bur- vevor'of the real property to be benehted by such deepening or drainage, stating as nearly as may ^e, m the cjpimon of such Engineer o^ Surveyor, the proportion of benefit to be derived bv such deepening or drainage by every road and lot, or por- tion of lot : and it' the Council is of opmion that the deepening of such stream, creek or water-course, or the draming ot the locality described, or a portion thereof, would be desirable, the Council may pass by-laws— * For deepening 1. For providing for the deepening of the stream, creek or streams and ™-ater-course,or the draining of the locality ; drainage. """ Municipal councils may pass by-laws for deepening streams, etc. , drainage, etc. Examination by engineer. Flans.and estimates. %, 4i49|S!pSs^??^^f>5?«*SfSgS®^SM^'r [Title XII» latered plan, is 44. lOUNClLS AS >ROVEME]STS Title XII.] MUNICIPAL INSTITUTIONS. Chap. 174. 179 2. For borrowing on the credit of the Municipality the funds For borrowing necessary for the work, although the same extends beyond the '^^^^^ %c. limits of the Municipality (subject in that case to be reimbursed as hereinafter mentioned), and for issuing the debentures of the Municipality to the recjuisite amount, in sums of not less than one hundred dollars each, and payable within fifteen years from date, with interest at a rate of not less than five per centum per annum ; Villages. ND ViLLAoES. !s. 529, 530. ed. Sec. 529 (8- Sec. 531-533. Sec. 534. 48. Hvo Munie'q'icili- t the persons, as ]o be the owners perty to be bene- n or incorporated ng of any stream, he property (de- samination to be iyor of the stream, ned, or of the lo- rocure plans and Engineer or Sur- ;i Engineer or Sur- by such deepening he opinion of such nefit to be derived id and lot, or por- bhat the deepening le draining of the d be desirable, the le stream, creek or 3. For assessing and levying in the same manner as taxes For levying aie levied, upon the real property to be benefited by the J'^*^',/"'' ''*^ deepening or draining, a special rate sufficient for the payment of the principal and interest of the debentures, and for so assess- ini^- and levying the same, as other taxes are levied, by an assessment and rate on the real property so benefited (including roads held by Joint Stock Companies or private individuals), as nearly as may be to the benefit diuived b)' each lot or portion of lot and road in the locality ; [a) Any peraon whose property has been assessed for such Proviso, deepening or drainage may pay the amount of siich assess- ment, less the interest, at any time before the debentures aie i.ssued, in which case the amount of debentures shall be proportionably reduced ; and (h) Any agreement on the part of any tenant to pay the Proviso, rates or taxes of the demised property shall not apply to or include the charges or assessments for draining undei- this section, unless such agreement in express terms men- tions or refers to such charges or assessments, and as payable in respect of drainage works ; but in cases of contracts of purchase or of leases giving the lessee a right of purchase, the said charges or assessments shall be added to the price, and shall be paid (as the case may be) by the purchaser, or by the lessee in case he exercises such right of purchase ; 4. For regulating the times and mannei- in which the assess- For providing ment shall be paid ; how aasess- '^ ' ment be paid. 5. For determining what real property will be benefited by For ascertain- the detepening or draining, and the proportion in which the '"rt^^f-^J?" *_ assessment should be made on the various portions of lands so the rate? benefited, and subject in eveiy case of complaint, by the owner or person interested in any pi-operty assessed, whether of over- charge or undercharge of any other property assessed, or that property that should be assessed has been wrongfully omitted to be assessed, to proceedings for trial of such complaint and appeal therefrom, in like manner, as nearly as may be, as on proceedings for the trial of complaints to the Court of Revision under " The Assessment Act. " 36 V. c. 48. s. 447 ; 37 V. c. 20, Rev. stat.o. s. 1 ; 39 V. c. 34, s. 8. ^^' ««• ^•^''' 180 PetitioiiM tor drftining landH (^hap. 17-1. mi/nicipal mattkus. [TitlkXU. Injury to low lying land. (J The Council .shall have the like ik.w.t, an.} the proviHums .,f tiiiH secti. u shall ai.i>l.v in casc-s where the .IvaniaKe ean be uHV.tually ammq.lished only hy enihankiuK, pun.i.ing or jjthe n.echa.m-al operations, hut in such eases the ( ounc.l shall ot ..rocee.l except upon the petition ..f tNvo-tlunls of the ovsneis above iiiention(!(l in this section. 40 V. c. 2(), h. 1. 7. In caseH provi.kul for l.y tlie next prece.Hn<( sub-section, the Council may pass by-laws lor assessing an.l <'^'f"^y'"K ;;/• annual ci.st of n.aintaining the necessary works upon the lan.ls and roads to be benefited thereby, ac'ording to provisions ot this Act; and nmy <« "'^^^^t'"!";;^;" said sub-section six, except .luring the i.leasure of tlie Council of the Municipality in wdiich the works are situate. W v • c. 26, ss. 2 & 3. 8 Trial of such complaints shall be had in the tiiHt jn- .stanceby and bef.ne the Court of Revision of the Municipality in which the lands or roads lie, which Court the Council shall, from time to time as occasit)n may require, hold on some day not earlier than twenty nor later than thirty days from the day on which the by-law was fii-st published, notice ot which shall be published with the by-law dunng the hrst three weeks of its publication. Power of. 9. Such Court shall be constituted in the same manner and Rerkt. c. have the same powers as Courts of Revision under " The Asse>^s- 180.88.47-55. ^entAct" TransmiB-ion 10. In case of any such complaint, the Clerk with whom the of asseBsment j-^n is deposited shall transmit to the Court of Revision a cer- "'"• titled copy of so much of the said roll as relates to such Municipality. Appeal to 11. The appeal from the Court of Revision shall be to the county judge, j^j ^^^. Junior or acting Judge, ot the County Court ot tlie County within which such Municipality is situate. Sectloiix .''.29- W8 to ai>i)ly. Section 543 only to apply during the will of the Council. Court of ReviHion to have primary juriadiction. Powers of judge on ap- peal. Bev. Stat. c. 180, 88. 59-65. 12 In case of appeal to the Judge, Junior or acting Judge of the County Court, he shall have the same powers and duties, and the Clerk of the Municipality shall have the same powers and duties, as nearly as may be, as they have respectively upon appeals from the Court of Revision under The Assess- inent Act." [TiTl-K XII. (I the provisions (Imitiaj^'e <'aii lit' uiMjtiiig or otlit-r 'ouiicil shall not H of tlie uvvners 1. ij,' Hub-Kuction, \i\ (IctVaviiij,' the ujxiii till! lands to jjrovisions of 1 pass all rctjuis- )t'r contracts for irks ; ami all the to section five plicahle, so far as ection six of this tivt hundred and rks mentioned in re of the Council situate. 40 V. c. in the first in- ■ the Municipality the Council shall, hold on some day rty days from the jlished, notice of ring the first three same manner and inder " The Assena- srk with whom the of Kevision a cer- as relates to such ion shall be to the )unty Court of the iituate. or acting Judge of powers and duties, 70. the same powers have respectively under " The Aaeeas- Tm,K XII.l MrNtrri'AL instuktionh. Chap. 174. 181 13. In case, on any such complaint or appeal, the as.se.ssinent is Vi\rinUon vari.'d in n-spi-et of the property wliicli "is the siil.i.'et of tlu- [l.'.^'jj;'/;;;;;',;;" complaint or appful, the Court or Jud^'c, as ttie cam- nuiy be, npiwHl. shall vary fn'o rata, the jissessment of the said property, and nf thi! ((tlicr lanr>lriiini;is; \ii\,t\» of (oc, for thodeoponiiig of ill, ((,1 //((• tuw maij In) flio To^vu.^llip of , and for Ijorrowing, oil the (M'uilit of thu Mnniciimlity, thu sum of the 8IIIII0. for completing ProviBioimlly aiUtptod the day of , A.D. Whereas a majority in immbcr of the owners, as shown by the last revised asaoKsmunt roll, of the pvo[iort.y hereinafter sot forth, to be benefited by the (lriiina!,'e (or diipeninj^, "i the cane may he), have petitioned the CouiU'i! of the said Township of , praying thai {tmre sif out fhs [mr/jorf of ih*' petition, descrihiii/j (jvtiA'.ndhj thr property to be he.ne- fifnl.) And wherea.s, thorenpon the said Council prociireu an examination to be made by , beini; a person competent for such purpose, of the said hicality ,iropo3ed to bo drained (or the said stream, crook or water-courso [iroiiosed to be deepened, an the, oi^f may t>e), and hiis also procured plans and estimates of the work to be made by the said , and an assessment to be made by him of the real property to bo benefited by such drainafje (or doepeninu, an Ihf cum may he), stating, as nearly as he can, the proportion of benefit whicii, in his opinior>, will be derived in consequence of such drainage (or deepening, an tlie case nuiy he), by every ruad and lot or portion of lot, the said assessment so made, and the re- port of the said in respect thereof, and of the said drainage {or deeiiening, as the case may be) beiiii; as follows ; (liere set out the repoi't and assessment of the Emjlueer or Surveyor employed.) And whereas the said Council are of opinion that the drainage of the locality described {or, the deepening of such stream, creek or water-course, as the case may he) is desirable : 15e it therefore enacted by the said Municipal Council of the said Town- ship of , pursuant to the provisions of chapter one hiiudred and seventy-four of " The Revised Statutes of Ontario" — ]st. That the said report, plans and estimates be adopted, and the said drain {or deepening, as the case may be) and the works connected there- with be made and constructed in accordance therewith. 2nd. That the Reeve of the said Township may borrow on the credit of the Corporation of the said Township of the sum of , being the funds necessary for the work, and may issue debentures of the Corporation to that amount, in sums of not less than one hundred dollars each, and payable within years from the date thereof, with in- terest at the rate of per centum per annum, that is to say, in (insert the manner of payment, whether in anmuil payments orothenoise), such de- g^g»^;raw^t^a«g»»>*60^p:^3^^eag3f^3*ggw w ■ w < / .^^.l^;a^«^lalf■■'<^ffv ■wJL^J ^. i ' l > >uA n Jl ^Ll^ ? i j ^ ■■^ cgrrga:r7■T 182 (Toup. 174. MUNICIPAL MATTilRS. [Title XII. and to liikvi ktlaohod t<> thoni buiituruB to l)t) payable at cuupoiK for the luijiiioiit of intureit. 3rd. That for tho i.iirpoiio of p»ying the ■uin uUfmrhnndml u»«< semntii-tive ,IMi,ii), »h.iiik the amount char;;«daKai»«t thu Haul luiuls »" to be iHjmiHted an aforemii.l, othur thati laiitl-> <-»<• road«, or land* and nmln) boloiiiiiiiK to the Municipality, and to oovcr interest thereon f(.r (ten) yearn, 'It the rate of ( fin) percent, iwrannniu, the foUowinu special rates, over and above all other rates, shall be assessed and levied (m the same manner iin.l at the same tim.- as taxes are levied) upon the undermen- lioned lutH and parts oi lots j and the amount ..f die said »i)ocial rates and interest assessed as aforesaid against each h>t or part of lot resnec- tivoly shall bo .lividud into 0(iual j irts, and one such part sliall bo assessed ana levied as aforesaid, in ea( i* year, for . , , , y"*"^" after the tinal passing of this by-law, durii.j; which the said debentures have to run. Lot or Part of Lot. 10 Acres, 5 (I (1 H <) 8 4 and N i 10 S N 200 100 50 100 200 150 Value o; Im(iruvtiini'iil. Chargeable to Mir,iv;;iality for roal < (or lands, w rou i-. mid lauds) 75 00 50 00 ;«) 00 HO 00 150 00 00 00 To uovei Intert'Ht for (10) y«ar» at (5) per cent. I Aniiiml ,„ , ,u . ,1 AMHL'HHniL'llt ...ta Hi.t.clttl| ,,uri„,-each Kate. yearfi.rdO) years. 475 00 120 00 505 00 Ainondment of by daw. Before final pasHlng by-law to be i)ubli8h- ed. Also^otice an to when and how proceed- ings to quash to ue taken. 4th For th() purpose of paying the sum of ime hnrulml ami twenty dol- lars, being the total amount assessed as aforesaid against the said roads (w lands, or roads and lands) of the said Municipality, and to cover in- terest thereon for {ten) years at the rate of (Jiee) per cent, per annum, a special rate of in the dollar shall, over and above all other rates, be levied (in the same manner and at the same time as taxes are levied) upon the whole rateable property in the said Township of in each year for the period of years, after the date of the Imal passing of this by-law, during which the said debentures have to run. 2. In the event of the asse8,sinent being altered by the Court of Revision or Judge, the by-law shall, before being finally passed, be amended so as to correspond with such alteration by the Court of Revision or Judge (as the case may be). 36 V. c. 48, 8. 448. 331. Before the final passing of the by-law it shall be pub- lished once or oftener in every week for four weeks in some newspaper in the Municipality, or, if no newspaper is published therein,then in some newspaper published in the nearest Munici- pality in which a newspaper is published, together with a notice that any one intending to apply to have such by-law, or any part thereof, quashed, must, within ten days after the final passing thereof, serve a notice in writing upon the Reeve or other head officer, and upon the Clerk of the Municipality, of his intention f [Title XII. vtlBoheJ to thoni I four hundred ami tliu Hitid laiuU «•> ti> »/• liuidn and rv:<^i> s^'^- ^, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 l^ili |2.5 I.I us ■ 40 2.0 1.25 ■yuk U 11.6 .V^ 'n '■5 /. Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716)872-4503 S. V ^v ^ N^ \\ 6^ <^ !•: CIHM/ICMH Microfiche Series. CIHIVI/iCMH Collection de microfiches. it- Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiq ues ■isSB'SS^^^^J^trii.if*: Title XII.] MUNICIPAL INSTITUTIONS. Chap. 174. 18S to make application for that purpose to one of Her Majesty's Superior Courts of Law at Toronto, during the Term next en- 1 suing the final passing of the by-law, and the Council shall, at ^-JPy^^l^y-. ' "' T>08t tices to be *OUr i»Bted up. V.c. least three weeks before the final passiug of the b^-law, p up conspicuously a copy thereof, and of the said notices, at ic or more of the most public places of the Municipality. 36 V 148,8.449. I tS39. In case no such notice of intention to make applica- If "" *I'pJ|^{^' tion to quash a by-law is served within the time limited for J.a'Jie'in toe that purpose in the preceding section, the by-law shall, not- !|i'«cified^ by- withstanding any want of substance or form, either in the by- j?;jy ^"t^j^h-' law itself or in the time and manner of passing the same, be a standing de I valid by-law. 36 V. c. 48, s. 450. '"'=*'• 2. In case any by-law already passed, or which may t>e Power to ^^ I hereafter passed by the Council of any Municipality.for the con- ^^en no a'uffi- atruction of drainage works by assessment upon the real pro- "^^nt "^""^^ perty to be benefited thereby, and which has been acted upon {...mpietion of by the construction of such works in whole or in part, does not the work, provide sufficient means, or provides more than sufficient means for the completion of the works, or for the redemption of the debentures authorized to be issued thereunder as the same become payable, the said Council may, from time to time, amend the by-law in order fully to carry out the intention thereof, and of the petition on which the same was founded. 1 37 V. c. 20, s. 2 ; 40 V, c. 7, Sched. A (183). • . S33. No debenture issued or to be issued under any by-law Debentures aforesaid shall be held invalid on account of the same not being ^°,*i^tholl^h {expressed in strict accordance with such by-law, provided that notinaccord- Ithe debentures are for sums not in the whole exceeding the ^^^ ^t^* ^y I amount authorized by the by-law. 37 V. c. 20, s. 3. I 534. Wherever it is necessary to continue the deepening or When work drainage aforesaid beyond the limiis of any Municipality, the ^^JJ J^';;^^^ lEnfrineer or Surveyor employed by the Council of such Munici- umits of mu- palTty may continue the survey and levels into the adjoining "icipality. I Municipality, until he finds fall enough to carry the water be- lyond the limits of the Municipality in which the deepening or I drainage was commenced. 36 V. c. 48, s. 451. *S33. Where the deepening and drainage do not extend be- lyond the limits of the Municipality in which they are com- Imenced, but, in the opinion of the Engineer or Surveyor afore- said, benefit lands in an adjoining Municipality, or greatly im- I prove any road lying within any Municipality, or between two lor more Municipalities, then the Engineer or Surveyor aforesaid I shall charge the lands to be so benefited, and the Corporation, person or company whose road or roads are improved, with such proportion of the costs of the works as he may deem just ; and the amount so charged for roads, or agreed upon by the When landsj etc. , in adjoin- ing municipal- ity may be charged though works not carried in* to Buch mu- nicipality. W m^^im^^m^^tm mimM^vi^MM»m.^f>y'^<^i-i--m^^^^^ ^ ^ 184 Chap. 174. MUNICIPAL MATTERS. [Title XII. Report as to which iminici pality til liear expenHe. arbitrators, shall be paid out of the general funds of such Mu- nicipality or company. 30 V. c. 48, s. 4.52. ffSO. The Engineer or Surveyor aforesaid shall detemiiiK- ■ and report to the Council by which he was employed, whether the deepening or drainage shall he constiucted and maintained solely at, the expense of such Municipality, or whether it shall be consti'iic'ted and maintained at the expense of both Muiiid- palities, and in what proportion. 30 V. e. 48, s. 4.53. Plana, etc. 337. The Engineer or Surveyor aforesaid, where necessary, shall make plans and specifications of the deepening or drain- age to be constructed, and charge the lands to be benefited Ijy the work as provided herein. 30 V. c. 48, s. 454. l.'ouncil of municipality wherein woik begun to notify munici- pality to lie benefited. Municipality HO notineil ahull proceed to raise neces- sary amounts, 538. The Council of the Municipality in which the deeptii- ing or drainage is to be commenced, shall serve the head of the Council of the Municipality into which the same is to be con- tinued, or whose lands or roads are to be })enefite43. In any case wherein after such deepening or drainage is fully made and completed, the same has not been continued into any other Municipality than that in which the same was commenced, or wherein the lands or roads of any such other Municipality are not benefited by such deepening or drainage, it shall be the duty of the Municipality making such deepening or drainage, to preserve, maintain and keep in repair the same at the expense of the lots, parts of lots and roads, as the case may be, as agi'eed upon and shown in the by-law when finally passed. t. In any case where similar drainage has been constructed out of the general funds of the Municipality previous to the tenth day of February, 1876, the Council may without petition, on the report of an Engineer or Surveyor, pass a by-law for preserving, maintaining and keeping in repair the same at the expense of the lots, parts of lots and roads, as the case may be, benefited by such drainage, and may assess such lots, parts of lots and roads so benefited, for the expense thereof, in the same manner, by the same proceedings, and subject to the same right of appeal as is provided With regard to drainage made and com- ♦ pleted under the provisions of this Act. 3. The Council may, from time to time, change such asses- And assess- sment on the report of an Engineer or Surveyor appointed '"®°* charged. When drain- age already completed has been paid for out of funds of Municipal- ity repair may be charged on property bene- fited. T«.»»5rf«rK^S=E^ im M ^^ s ms !i m¥^i f ^ ii'- ^^ ^siiMss^^^-i>-4^fi'^s^> •'^^ 186 Chap. 174. MUNICIPAL MATTERS. [TjTLE XII, bv them to examine and report on such dram, deepening and repairs, subject to the like rights of appeal as the porsoiis charged would have in the case of an original assessment 36 V. c. 48, 8. 460 ; 39 V. c. U, s. 7. Caeeofadrain 344. If a drain already constructed, or hereafter en- being u»ed by .^ructed, hx a Municipality, is used as an outlet, or otherwise rf?y. by another Municipality, Company or individual, such Mumc- pality, company or individual using the same as an outlet or otherwise, may be assessed for the construction and niaintt- nance thereof in such proportion and amount as may be ascei- taine.l by the Engineer, Surveyor or arbitrators under the for- malities provided in the preceding sections. 36 V. c. l», s. 461. Disputes as to S4S. If any dispute arises between individuals, or k- damage done ^^ individuals and a Municipality or Company, or betNstui ttld^o*"'' a Company and Municipality, or between Mumcipalities as o arbitration, damages alleged to have be('n done to the property ot an\ Munidpality, individual or company, in the construction of drainage works, or consequent thereon, then the Municipalit , Company or individual complaining may refer the matter o arbitration, as provided in this Act ; and the award so made shall be binding on all parties. 36 V. c. 48, s. 462. 546 In case any person finds it necessary to continue an umier-drain into an adjoining lot or lots, oj acro«« ^ along any public highway, for the purpose of an o"jtM there o and in case the owner of such adjoining lot or lots, oi the Council of the Municipality, refuses to continue such drain to an outlet or to ioin in the cost of the continuation of such dram, then the fii-stly mentioned person shall be at liberty to con- tinue his said drain to an outlet through such adjoining lot or lots, or across or along such highway ; and in case of any ilis- pute as to the proportion of cost to be borne by the owne.'^o any adjoining lot or Municipality, the same shall be deterimno4 1 by the fence^viewers in the same manner as disputes within "The Line Fences Act." excepting as to the amount ot such award which shall be finally decided by the fence-viewei., and their award shall be final. 37 V. c. 16, s. 20. Power to con- 547. Where, under the provisions of t^^/^^^i^^^^.^^y,^,!;"^^ tract to spread ^^.^^ and twenty-nine to five hundred and fifty-eight, botiiui m^Hiu' ditch" elusive, of this Act, a ditch is being constructed for drain- for drainage, ace purposes along a road allowance, contracts may be made in B8. 529 to 558. ^^^ Jiu^icipal Council so constructing for spreading the earth taken from the dit«h on the road ; and if the road or any part thereof is timbered, or if stumps are in the way the tiinbt ' may be removed ; and not less than twelve feet of the centre o the road shall be grubbed before the earth is spread upon it } 39 V. c. 34, 8. 3. Drains into adjoining lots or across high' ■ways. Rev. Stat. c. 198. Sei [TjTLE XII, I Title XII.] municipal institutions. Chap. 174. 187 •ain, deepening and )eal as the persons original asseasinent. or hereafter con- outlet, or otherwise k^idual, such Munici- same aa an outlet or uction and mainto- int as may be ascei- •atora umler the for- ons. 36 V. c. 4S, s. individuals, or bu- jompauy, or between Municipalities, as to bhe property of any the construction of len the Municipality, refer the matter to 1 the award so made 18, 8. 462. 3cessary to continue or lots, or across or le of an outlet thereto, ig lot or lots, or the itinue such drain to an luation of such drain, be at liberty to con- 1 such adjoining lot or nd in case of any dis- MDi-ne by the owner of ae shall be determined 1 er as disputes within o the amount of such by the fence-viewei^, 16, 8. 20. the sections five hun- ad fifty-eight, both in- constructed for drain- tracts may be made by or spreading the earth if the poad or any part ti the way, the timber Ive feet of the centre of | irth is spread upon it «I48. The removal of the timber, grubbing and spreading of Payment by the earth, together with such portion of the cost of the ditch "»"'i««i)»lity. as the Engineer or Provincial Land Surveyor may deem just and proper, shall be charged to the Municipality and paid out of its general funds. 39 V. c. 34, s. 4. 349. Where it is necessary to construct such a ditch along Conbtnictiim a town line between two or more Municipalities, the Municipal town*iki'e")e- Council of either of the adj(jining Municipalities may, on peti- twoen munici- tion, as provided for in section five hundred and twenty-nine i'"''***"*- of this Act, cause the ditch to be constructed on either side of the road allowance between the Municipalities, and make the road in mamier as provided in the two preceding sections of this Act, and shall charge the lands and roads benefited in the ad- joining Municipality or Municipalities with such proportion of' tlie cost of constructing the said ditch as the Engineer or Sur- veyor aforesaid deems just and proper; and the amount so charged for roads, or agreed upon by the arbitrators, shall be paid out of the general funds of such Municipality or Munici- palities. f]9 V. c. 34, 8. 5. SSO. The provisions of sections five hundred and twenty- See. 529-6.58 to nine to five hundred and fifty-eight, both inclusive, of this Act *Pl'*y- shall apply as far as applicable to any such ditch. 39 V.c.34,s. 6. Division II. — Local Improvements in Cities, Towns and Villages. fjocal Improvements. Sees. 551-554. Sweeping, Watering and Lighting Streets. Sec. 555. Acquisition of Lands beyond the limits for public purposes. Si t'C. 556. City, town and village coun- cils may make by-law for— AKcertaiuing the real pro- perty to Del benefited by a local im- provement, etc. SSI. The Council of every City, To ai, and incorporated Vil- laj^e may pass by-laws for the following purposes : 1. For providing the means of ascertaining and determining wliat real property will be immediately benefited by any pro- posed improvement, the expense of which is proposed to be assessed as hereinafter mentioned upon the real property imme- diately benefited thereby ; and of ascertaining and determining tlie proportions in which the assessment is to be made on the various portions of real estate so benefited ; subject in every Appeal. case to an appeal to the Judge of the County Court, in the same manner and on the same terms, as nearly as may be, as an appeal from the Court of Revision in the case of an ordinary assessment ; 36 V. c. 48, s. 464 (1). 2. For assessing and levying upon the real property to be Assessing and immediately benefited by the making, enlarging or prolonging J.eX^Mrty of any common sewer, or the opening, widening, prolonging, benefitedbyi or altering, macadamLging, grading, levelling, paving or plank- certain pubUt • ii 188 workH nnder- takeii on a petition, eU:. Chap. 174. MUNICIPAL MATTKHS. [Title XII Kegnlutini;,' tiine iiiiil mannt-Tof levying onKesH- mentH, etc. If funilH fur- niHheil by par- ties. Conditions precedent to undertaking any stich public workn. Furthei' con- ditions as to HewerH. In certain _ caseH iietitions may be dis- pensed with. Unless asseHs- ment petition ed against. inir of any street, lane or alley, pul.lic way or place, or of any Hi(Tewalk, or any liridKC forininjr part of a highway therein, m the petition of at least two-thirds in nuinlu^r of the owners „ such ival property, representing on(j-half the value ot such n;al proi)eity, a special rate, sutticient to ineln.l.' a sinking fun.l, tor the re-payment of debentures which such Councils are heivl.v authorized to issue in such cases respectively, on th<> security of such rates respectively, to provide funr.)vemeiits; , liy an animal rati' in ite«l, according to the 3() V. c. 48, a. 4G4 (2). nd manner in which (ection are to be paid, rties assesstMl for loeal iiumt of their propoi- •incipal sums \, 30 V, ;nt as aforesaid with 'ingthe same etfectud. oresaid shall bo undu! - d in the next section;, ice of the fourth siili- v^ise than on the peti- t^ners of the real pro- representing at least ; the number of such erty having been tii'st he manner and by the If ; and if the conteni- 1 of a connuon sewer 1- feet, one-third of thu for by the Council, by svery such Council is je, or otherwise. 3(5 V. ly City, Town or incor- t least half of the cost wf ul for the said Coun- before provided by the udred and fifty-second of real property to be ig portion of such cost ajority of such ow^ners of such property, peti- jnt, within one month proposed assessment in ch City, Town or incor- porated Village, if there are two newspapers published therein, and if there are not, then in two newspapers published nearest the proposed work. 3G V. c. 48, s. 4GG. tlM. Nothing contained in the three next preceding sections Certain hbc- of this Act shall be construed to apply to any wcjrk of ordinary *',""« ""'t;' »P- • . , 11^ J J i)iy tt) certain rupan-or mamtenanc*; ; and every conmion sewer made, enlarged works, or piolonged, and every street, lane, alley, public way or place, and sidewalk therein, once made, opened, widened, prolory^ed, altt rwl, macadamized, paved or planked under the .said sections of this Act, shall thereafter be kept in a good and sutiicient state of repair at the expense of the City, Town, or Village generally. 3G V. c. 48, s. 4G7. Sweeping, Lighting and Watering Streets. tiSS. The Council of every City, Town and incorporated Vil- l-ighting, lage may pass by-laws fcjr raising, upon the petition of at least iToS'"'^ two-thirds of the freeholders and househohlers resident in any streets, street, square, alley or lane, representing in value one-half of the assessed real property therein, such sums as may be neces- sary for sweeping, watering or lighting the street, S(iuare, alley or lane, by means of a special rate on the real property therein according to the frontage thereof ; but the Council may charge the general corporate funds with the expenditure in- curred in such making or repairing, or in such sweeping, water- ing or lighting as aforesaid. 2. The Council may also, by by-law, define certain areas or sections within the Municipality in which the streets shopi-' be watered, and may impose a special rate upon the assessed real property therein.according to the frontage thereof.in order to pay any expenses incurred in watering such streets. 36 V. c. 48, s. 468 ; 37 V. c. 16. s. 21. •536. The Council of any City, Town, or incorporated Village Power to may from time to time as occasion may require, acquire and hold ^''^jes, Town by purchase or othsj-wise, for the public use of the Municipality, "ted vm'^e's lands situate ou • jj the limits of such City, Town or incor- to acquire p..r,ited Villa,ge ; hw .such lands so acquired, siiall not form part Iheir uS^ of the Municipality of such City, Town or incorporated Village, but shall continue and remain as of the Municipality where siruate. 40 V. c. 25, s. 1. See also Sees. 461 (7), and 467 (8). DivfsioN III, — County By-laws for Road Improvements. S/ieckd rates by County Couneile for local improvcmpnts in Teiimships, Sees. 557, 558. SS7. The Council of every County shall have power to pass Local rates o« by-laws for levying by assessment on all rateable property with- ^v^o^ ««»■ " ^ •' r r J provements. i . < i-Mirt^ d H ' !| i g,»;i i ". ' -^^ • ms^^!mm^a^m^^mmissmT^<&m^:fmmgrm-v-^ 190 Chap. 174. MUNICIPAL MATTERS. [Tn-LE aTI. PrnceedlnKH to obtain h in any particular part of one or parts of two Townships to V.e described by metes and bounds in the by-law, m addition to all other rates, a sum sufficient to defray the expenses of inakin|r, repairinir or iniprovinj,' any road, bridge, or other nublic work, lyintr within one Township or between parts of such two lown- s'l.ips and by which the inhabitants of such parts will bo inoro especially lienefited, but this section shall not apply to any r(.ad, bridge or other public works within the liniits of any Town or incorporated Village. 36 V. c. 48, s. 409. SSH. No by-law under the last preceding section shall bt- lawfornjr V^^'^' eXCept— mprovemenH. ^ ^^ ^ petition signed by at least two-thirds of the electors who are rated for at least one-half of the value of the property within those parts of such Townships which are to be affected by the by-law ; nor Notice, 2 Unless a printed notice of the petition, with the nanies of the signers thereto, describing the limits within which the by-law is to have force, has been given for at least one month poBtedup, by putting up the .same in four ditterent places within such parts of the Township, and at the places for holding the sit- tin<'s of the Council of each Township, whether it be within such parts or not, and also by in.serting the same weekly tor and published at least three consecutive weeks in .some newspaper (if any for throe ^-^^^^.^ ^^^ publiHhcd in the County Town, or if there is no such ' newspaper, then in the two newspapei-s published nearest the proposed work. 36 V. c. 48, s. 470. TITLE IV— POWERS OF MUNICIPAL COUNCILS AS TO RAILWAYS. Aiding by tahinf/ nfock, loan, guarantee or bonus. Sec. 559. Head of Council to be a Director ex-offi,cio. Sec. 560. Totvnshipfi may permit Railways to pass along highways, dx. Sec. 561. By-laws may 559. The Council of every Township, County, City, Town be made for- ^^^^^ incorporated Village may pass by-laws- Taking Btock 1. For subscribing for any number of shares in the capital, in certain rail- ^^^^^.1^ ^f ^i. for lending to or guaranteeing the payment ot any Sing^"" sum of money borrowed by an incoi-porated Railway Company debentures. ^^ which the eighteenth section of the statute tourteenth and 14 15 V. c. 61, flfteentii Victoria, chapter fitty-one, or sections seventy-five to C s C c 66 seventy-eight inclusive of chapter sixty-six of the Consolidated M. 75-78. ■ ' Statutes of Canada, or the equivalent sections of "IheMmlway Rev. Stat. ^^^ ^f Ontario," have been or may be made applicable by any " '"'• '• ''• sptoial Act ; 36 V. c. 48, s. 471 (1). "•<»!flW*'!>!3!S?S3BKS [Tn-LE aTI. TownHhips to Vie V, in addition to all f IVmiweH. Micii Railway, and for issuing dobonturos in tho sumo maniior as is in tho i)roco•«• eountoisigning tho same, and by what officer or person tho same shall be so signed, endorsed or countersigned respectively : But no Municipal Corporation shall sultscribo for stock or incur Sub-eri^tions, ■x.li'bt or liability for the purposes aforo.said, unless the by- J;,^';;^^^^^ |,y law before tho final passing thereof receives tho as-sont of the .iHHeut of .lectors of the Municipality in nuuinor provided by this Act. «"^'^'""- % V. c. 48, s. 471 (5). {See uIko Rev. Stat. c. 105, s. 31) (3). 300. In ca.sc any Municipal Council subscribes for and holds J.;-J«'-t»^^j ,,, stock in a RailwayCompany under section five huiidrod ami p;,„„^l ^^ ^e fifty-nine to tho amount of twenty thousiind ^l^^J'*^]'" «'" f-'-;^;'" upwards, the head of the Council shall bo e.e-ojneio one of the ^«'=«' • I Directors of theCompany, in addition to the number of Directors aiitliorizod by the .special Act, and shall have tho same rights, powers and duties as the other Directors of tho company. 3b V.c. 48, s. 475. {See also Rev. Stat. c. 1G5, s. 31) (4). 3«1. The Council of every Township may pass by-la\vs f()r I'-y-lawB authorizing any Railway Company, in ca,so such authority is »;>';^';jj''»'« County, City, Towti vs- shares in the capital. g the payment of any ;ed Railway Company tatute fourteenth and ections seventy -five to lix of the Consolidated ;ions of " The Railway lade applicable by any sees tit, and subject to tne resmcuons ouiitaiiit:.^ n. ^.- -•— aumg v:mi A ct of Ontario," and any other Acts affecting such milway ; ways, and may also pass by-laws to authorize companies or »«iiyijj- ,j^^ g^^t, „ uals to construct tramways and other railways along any high- 105. way on such terms and conditions as the Council sees fat. 36 V. c. 48, 8. 476. ^^gmsmmB^s&m^ss^s^em&sMsm'S^sif^s!^ 5rS™f ^Itii'i";!- " '." --S^J^Irs- 192 Chap. 174. MUNICll'AI. MATTEHS. [TiTLE XII. PART VIII. POLICE VILLAGES. DlV. I. — K«)UMATION OK. 1)IV. II. — TUU.STEKS, AND El-KCTION OV. DlV. III.— DuTiRs <»F PoLrcE Trustees. Division I. — Foumation of. Uxldimj Villages continued. See. ,5G2. New — how formed. Sec. 503. ExiHtlnp ff03. Until otheiwiHC provided by competent authority, Snued'*^'' ^'"^<-'''y existing Police Village shall continue to be a Police Village, with the boundaries now established. 36 V. c. 48. s. 477. New police villages. ff63. On the petition of any of the inhabitants of an unin- corporated Village, the Council or Councils of the County or Counties within which the Village is situate may, by by-law, erect the .same into a Police Village, and assign thereto such limits as may seem expedient. 3G V. c. 48, s. 478. Division II. — Trustees, an© Election thereof. Existiny Trustees continued. Sec. 564. Trustees three in number. Sec. 565. Qualijication Tcqaired for. Sees. 566, 567. Electors, ivho arc. Sec. 568. Election, where to be held. Sees. 569, 570. Returning OfUcei; hoiv appointed. Sec. 570. No Election in a Tavern. Sec. 571. Nom,ination, how conducted. Sees. 572-574. Polling, how conducted. Sees. 575-579. ' Potvers of Returning Officer. Sec. 580. 2enureoj- offi.ce. (Sec. 581. Voters' Lists, <^c., to be returned. Sec. 582. Vacancies, how filled. Sec. 583. Inspecting T)-usteeJiow appointed. Sec. 584. Present trus- 564. The Trustees of every Police Village existing when teescontinued. ^j^j^ ^^^ ^^^^^ ^q^^^^ ^j^^jj ^ deemed the Trustees respectively of every such Village as continued under this Act. 36 V. c. 48, s. 479. ^ilWB* [TiTLK XII. ■ Tixi.i.; XII.] MUNKIPAL INSTITUTIONS. Chap. 174. 193 ES. I'lON OF. rnusTEKs. jompetent authority, niie to be a Police lished. 36 V. c. 48. labitants of an unin- ills of the County or late may, by by-law, assign thereto such i8, s. 478. riON THEREOF. >67. 0. illage existing when Trustees respectively ir this Act. 36 V. c. SM. The Tni,Ht(>OH of ..very Police Village shall be three in Nuinl).'r..f miinlHjr. 36 X. c. 48, s. 480. truMt,.i.M tWMI. The persons (lualiHt'ij to bo elected Police Trustees shall Q>mnHr»tlon I..' such persons a.s reside within tht; Police Village or within "' '""*'''"''• two miles thereof, and are eligible to lie elected Township Coun- tiiliirs, an(l artj (lualified in respect of property for which they iiiv rated in such Police Village to the amount reouiivd so tt» (jualify them. .S6 V. c. 48, ,s. 481. .167. If there are not six persons (pialiHed under the pre- DtHdwioy (vdiiig section, any person entitled to vote at the election mav """,'|;;'^"' Ko elected. 3() V. c. 48, s. 482. ^ "'"*"*""' " in MualiHt: WIIIH per- nios. A.ny Township elector, i-ated on the last assessment t^..■■ 104 If more and poll demand- ed. Election. Chap. 174. MUNICIPAL MA1TERS. [Title Xll. Notice of per- sons xffoposed, to be posted. S7S. If more than the neces.sary number of candidates are proposed, the Returning Officer or Chairman shall adjourn the procei-dings until the first Monday in January, when a poll or polls ^hall be opened for the election, at nine o'clock in the morning, and shall continue open until five o'clock in the after- noon, and no longer. 80 V. c. 48, s. 490. •176. The Returning Officer or Chairman of the meeting shall, on the day following that of the nomination, post up in the List of voters all list of voters. office of the Clerk of the Township.if it is situated in such Police Village, and if not, then in some other public place in such Police Village, the names of the persons nominated at such meeting; and shall, if a poll is necessary, demand in writing from tlie toleoVtafned Clerk of the Township, or Clerks of the Townships, a list of the names of the persons appearing by the assessn\ent roll to be entitled to vote in the said Police Village, such as isn^ipiired to be furnished under the next section. 30 V. c. 48, s. 491 ; 40 Y.c.7,Sched.A{lM). Clerk of town- 577. The Clerk of the Township, or Clerks of the Town- ship to furoish ^^- jjj which any Police Village is situated, shall, at latest „h«beticai ^^ ^^^ j^^ previous to the day for opening the poll, deliver to the Retui-ning Officer of such Police Village a list of the names according to the form by law prescribed in the case of other municipal elections, of the persons entitled tc vote at Township municipal elections, in respect of real property situ- ate, or income receivec' in the said Police Village, or in the por- tion thereof in the Municipality of such Clerk, and shall attest the said list by his solenm declaration in writing under his hand. 30 V. c. 4S, s. 492 ; 40 V. c. inched. A (185). Except where 578. The various sections of thic Act relating t6 the prb- otherwise i>ro- (.eedin*^^ at the nomination and election of Township Councillors, proceed, includmg those relating to the questions to be put and oaths to etc., to be had j^g administered to electoi-s, and as to the appointment of a eT,Vf coul'^il- Chairman or Returning Officer, in case the person appointed is lors', etc. absent, and also the provisions respecting contro s^erted elections and for the prevention of corrupt practices, shall apply and be acted on imi'^ss where a ditlerent provision is herein made, in the election of Police Trustees. 30 V. c. 48, s. 498; 40 V. c. 7, Sched. A (180). Casting vote «79. In case a casting vote is required to determine an incase of ties, election, the Returning Cfficer, whether otherwise (lualitied or not, shall give a casting vote for one or more of such candi- dates, so as to decide the election, and except in such case the Returning Officer shall not vote at any such election. 36 V. c. 48, s. 495. List lo be attested by declaration. Power* of returning officer. 580. The Returning Officer shall have the like powers for the preservation of tho peace as are given to Returning Officers and Deputy Returning Officers at municipal elections. 30 V. c. 48, s. 499. [Title Xll. andidates are 1 adjourn the hen a poll or )'clock in the in the after- neeting shall, st lip in the n such Police in such Police ach meeting; ing from the ips, a list of iiuent roll to as isreijuired 1.8, s. 491 ; 40 jf the Town- hall, at latest ! poll, deliver a list of the n the case of ed tc vote at aroperty situ- or in the por- id shall attest nder his hand. ig t6 the pib- ip Councillors, t and oaths to •intment of a 1 appointed is irted elections apply and be iiein made, in 1)8; 40 V. c. 7, determine an 56 ([ualiiied or if such candi- such case the ection. 36 V. powers for the ig Officers and i. 36 V. c. 48, Title XII.] mitnicipal institutions. Chap. 174. 195 tl8i. The persona elected shall hold office until their sue- Term of offic ceR.sor8 are elected or appointed and sworn into office and hold their first meeting. 36 V.- c. 48, s. 496. 389. Every Returning Officer shall, on the day after the Retumiuf,' close of the poll, return the ballot papers, voters' list and other °*Jf[,*|j,I"f ' documents relating to the election, to the Clerk of the Town- patjore, Ac, ship in which the Village is situated, or in case the Village lies t<>elerkof in several Townships, then to the Clerk of the County, verified verified under under oath before such Clerk, or before any Justice of the Peace o»tl>. for the County or Union of Counties in which the Village lies, as to the due and con-ect taking of the votes. 36 V. c. 48, s. 497. •183. In case of any vacancy in the office of a Police Trustee, Filling va- by death or otherwise, the remaining Trustee or Trustees shall, «»""«'*• by writing to be filed with such Clerk as aforesaid, appoint a 'Trustee or Trustees to supply the vacancy. 36 V. c. 48, s. 500. «I84. The Trustees of every Police Village, or any two of Appiiintment such Trustees, shall, by writing under their hands to be filed t^'^i;';™*'"'^ with the Clerk of the Township, or in case the Village lies in several Townships, wi'th the Clerk of the County, appoint one oi their number to be Inspecting Trustee. 36 V. c. 48, s. 501. Division III.— Duties of Police Trustees. * Ootlis of office and qualification. Sec. 585. First meeting of. Sec. 586. Expenses of, hoiv provided for. Sees. 587-590 Trustees to he Health Ofjicers. Sec. 591. Regulations to be enforced by Trustees. Sec. 592. Penalties foi' breach, how recovered. Sec. 593. Neglect of duty by Trustees, lioiv 'punishable. Sec, 594i. Limitation of suits for penalties. Sec. 595. •585. Every Police Trustee shall take oaths of office and oaths of office 07. TruHteen t.. be 591. The Trustees of every Police Village shall >>« Health health officers. Qflicei-s within the PoUce Village, under The Act respechng the f m "'*■ Public Health. 36 V. c. 48, s. 508. Following - 59«. The Trustees of every Police Village shall execute and regulations to enforce therein the regulations following : — be enforced. Prevention of Fire. 1 Every proprietor of a house more than one story high, shall place and keep a ladder on the roof of such house near to or against the principal chimney thereof, and another ladder reaching from the gi'ound to the roof of such house, under a penalty of one dollar for every omission ; and a further penalty of two dollars for every week such omission continues. 3b V c. 48, s. 509 (1) ^. u t. 2 Evervhouseholdershallprovidehimself with two buckets Fire buckets. ^ car/ving water in case of accident by fire, under a penalty ^''^'''- of one dolL for each bucket deficient. 36 V. c. 48, s. 509 (2). ^s'tofumaces, 3. No person shall build any oven or furnace unless it ad- ftc!* " ioinsand is properly connected with a chimney of stone or brick at least three feet higher than the house or building m which the oven or furnace is built, under a penalty npt exceed- ing two dollars for non-compliance. 36 V. c 48, s. 509 (3). For providing ladders, etc. Penalty. Penalty. Stove pipeB, etc. 4 No person shall pass a stove-pipe through a wooden or lathed partition or floor, unless there is a space of four inches ' m^n I •.^^. h^-MMW J ' unW"^"* wt' c i -.wW rt-'yiw^fg^*^! (TW«j?'3»W^,^WSHS«S^S»i^tSe»«^^ " [Title XII « inattera com- for expendi- 1 sum not to alue of such more Town- imount from be Village in essment rolls. to time, if he otherwise ap- person by the , to the extent although the ;. 48, s. 506. favour of any ■fonned, or in J. c. 48, s. 507. lall be Health respecting the ill execute and Title XII.] MUMCIPAL INSTITUTIONS. Chap. 174. 197 one story high, uch house near another ladder house, under a further penalty ntinues. 36 V ith two buckets under a penalty c. 48, s. 509 (2). ,ce unless it ad- aey of stone or B or building in lalty npt exceed- 8, s. 509 (3). igh a wooden or ,ce of four inches between the pipe and the wood-work nearest thereto ; and the pipe of every stove shall \)e inserted into a chimney ; and there shall be at least ten inches in the clear between any stove and any lathed partition or wood-work, under a penalty of two Penalty, dollai-s. 36 V. c. 48, s. 509 (4). 5. No person shall enter a mill, bam, outhouse or 8^^^<^> J^''{Jj*"'"»„ with a lighted candle or lamp, unless well enclosed in a lantern, "*""''* nor with a lighted pipe or cigar, nor with fire not properly Penalty, secured, under a penalty of one dollar. 36 V. c. 48, s. 509 (5). C. No person shall light or have a fire in a wooden house or ('hiinneys. outhouse, unless such fire is in a brick or stone chimney, or in a stove of iron or other metal, properly secured, under a penalty Penalty, of one dollar. 36 V. c. 48, s. 509 (6). 7. No person shall cany fire or cause fire to be carried into Seciiring fire (jr through any street, lane, yard, garden or other place, with- tJJJ!^ugi, out having such fire confined in some copper, iron or tin vessel, Htreeta, 4c. under a penalty of one dollar for the first offence, and of two •^«n»'*y- dollars for every subsequent offence. 36 V. c. 48, s. 509 (7). 8. No pei-son shall light a fire in a street, lane or public Fire in gtreete place, under a penalty of one dollar. 36 V. c. 41, s. 509 (8). ^'^"''i^y- 9. No pei-son shall place hay, straw or fodder, or cause the Hay, straw, same to be placed, in a dwelling-house, under a penalty of one penalty, dollar for the first offence, and of five dollars for every week the hay, straw or fodder is suffered to remain there. 36 V. c. 48, s. 509 (9). 10. No person, except a manufacturer of pot or pearl ashes, Anheg, Ac shall ke.ep or deposit ashes or cinders in any wooden vessel, box or thing not lined or doubled with sheet-iron, tin or copper, so as -to prevent danger of fire from such ashes or Penalty, •cinders, under a penalty of one dollar. 36 V. c. 48, s. 509 (10). 11. No person shall place or deposit any quick or unslaked Lime, lime in contact with any wood of a house, outhouse or other building, under a penalty of one dollar, and a further penalty penalty, of two dollars a day until the lime has been removed, or secured to the satisfaction of the Inspecting Trustee, so as to prevent any danger of fire. 36 V. c. 48, s. 509 (11). 12. No person shall erect a furnace for making charcoal of ^J^^ ' wood, under a penalty of five dollars. 36 V. c. 48, s. 509 (12). Penalty.' Gunpowder. ' 13. No person shall keep or have gunpowder for sale, ex- P^p^^"' cept in boxes of copper, tin or lead, under a penalty of five ^e^ dollars for the first offence, and ten dollars for every subsequent Penalty, offence. 36 V. c. 48, s, 609 (13). rW«S3SS:.--;«a>WK i»taw^.-w'3S'sa'sai««ws»5fc' 198 Chap. 174. MUNICIPAL MATTERS. [Title XII. Nottobe»old 14. No person shall auU gimpowder, or permit gunpowder at night. ^^ be sold in his house, storehouse or shop, outhouse or other Penalty. building, at night, under a penalty of ten dollars for the hrst oftence, and of twenty dollars for every subsequent ottence. 36 V. c. 48, .s. 509 (14). NuisanceJ*. Certain nuisancer prohibited. Wto to sue for penaltiex. And before whom. Conviction and levy of penalty. 15. No person shall throw, or cause to be thrown, any tilth or rubbish into a street, lane or public place, under a penalty ot one dollar, and a further penalty of two dollars for every week- he neglects or refuses to remove the same after being notitie.l to do so by the Inspecting Trustee, or some other person author- ized by him. 30 V. c. 48, s. 509 (16). ff93 The Inspecting Trustee, or in his absence, or when he is the party complained of, one of the other Trustees shall sue for all penalties incurred under the regulations of police herein establislied, before a Justice of the Peace having jurisdiction in the Village and residing therein, or within five miles thereof, or if there be none s luii, then before any Justice of the Peace having jurisdiction in the Village ; and the Justice shal hear and determine such complaint in a summary manner, and may convict the offender, upon the oath or affirmation of a credible witness, and cause the penalty, with or without costs, as he may see fitting, to be levied by distress and sale of the goods of the ottender, to be paid over to the Path-master or Path- masters of the division or divisions to which the Village belongs, or to such of the said Path-masters as the Trustees may direct; and such Path-master or Path-masters shall apply the penalty to the repair and improvement of the streets and lanes of the Village, under the direction of the Trustees. 3b V c. 48, s. 510. 994 Any Police Trustee who wilfully negleats or omits to prosecute an offender at the request of any resident householder, of the Village offering to adduce proof of an offence against the regulations of police herein established, or who wilfully neglects • or omits to fulfil any other duty imposed on him by this Act, shaU incur a penalty of five dollars. 36 V. c. 48, s. 511. Whenproseou- S9S. The penalties prescribed by the preceding section, or tions to be b ^-hat for the establishment of regulations of police, shall De commenced. ^^^^ ^^^ ^.^^^.^ ^^ ^^^^ ^^^^ ^.j^^ offence has been committed or has ceased, and not subsequently. 36 V. c. 48, s. d12. . Penalty for breach of duty by tnutees. 1 Exceptions fiom repeal. CONFIRMING AND SAVING CLAUSES. 596. Nothing herein contained shall be taken or construed to affect or repeal so much of the schedules in either of the l ^-^K at .jKM»tj » »i n ' K M "» »>>J»-«''t ' 't^^' ' «* '* '-a i fe i a t w )r [Title XIT. ihip of Town- I the ir. ){ the per Merchant. Town- of the er. r. of the blenutn. Title XII.] municipal inhtituti()ns. Chap. 174. (I. In theiiaseof Imanf orated ViUa;f<-H and Towwthiin iwt divuled into Wardn.) fT^& Q? I I .a FOR RKKVK. BROWN John Brown, of tho Village of Yorkville, Merchant. ROBINSON. OeorKe llobitmon, of the Vil- lage of Vorkvillf , I'hysician. FOR DEPUTY REEVE (if any). ARMOUR Jacob Armour, of the VUlsge of Yorkville, Puniimiaker, BOYD. Zachary Boyd, of tho ViUage of Yorkville, Tingmith. FOB COUNCILLOR. 8 BULL. John Bull, of the Village of Yorkville, Butcher. JONES. Morgan Jones, of the VUlage of Yorkville, Grocer. MCALLISTER. Allinter McAllister, of the Vil- lage of Yorkville, Tailor. O'CONNELL. Patrick O'Connell, of the Vil- lage of Yorkville, Milkman. 203 1 NoTK.-In any oaae where there are two or more Deputy R«eve., the ballot paper will make provUion accordingly, naming them as first Deputy Reeve, second Deputy fe^eve, Ac. ^^^ ^ ^ ^ ^^ ^ MiU ! -V ' ;''!'.^!gy3«!^fe^. ^ ^ ^a MWMiJ i O ' . v3^mt9iimii.^ ' .Mm»& J M ,»ti ».:' i . j.. ' 204 Chap. 174. MUNICIPAL MATTKRS, [TiKl.K XII. It SCHEDULE ' B." (Secnmis 122 and 141.) DiMKOTIONS KOK THE (U'lKANOK OP VoTBKH IN VoTlKO. The voter will «<> "'*" ""o "^ *'>'* coiiipftrtinents, and, with the pencil provided in the compartment, place a cross on the right hand side, opposite the name or names of the candidate or candidates for whom he votes, thus X The voter will then fold up the ballot paper so as to show the name or initials of the Deputy Returning Officer {or Returning Officer, aa thf cum viay he) signed on the back, and leaving the compartment will, without showing the front of the paper to any person, deliver such ballot so fr)lded to the Deputy Returning Officer (or Returning Officer, as t/tf am may be) and forthwith quit the polling place. If the voter inadvertently spoils a ballot paper, he may return it to the Deputy Returning Officer (or Returning Officer, as «/ie case may he.) who will, if satisfied of such inadvertence, give him another ballot paper. If the voter votes for more candidates for any office than he is entitU'd to vote for, his ballot i>aper will be void so far as relates to that office, and will not be counted for any of the candidates for that office. If the voter places any mark on the paper by which he may afterwards be identified, his ballot paper will be void, and will not be counted. If the voter takes a ballot paper out of the polling place, or deposits in the ballot box any other paper than the one given to him by the officer, he will be subject to imprisonment for any term not exceeding six months, with or without hard labour. In th£ following forms of Ballot Paper, given for Uludration.theGaii. didates are, /or Mayor, Jacob Thompson and Robert Walkkk ; for Reeve, John Brown and George Robinson ; for Deputy Eeeve, Jacob Armour and Zachary Boyd ; aitd firr Co^tncillors, John Bull, Morgan Jones, AixisTER McAllister and Patrick O'Connbll ; and the elector has m Barrie, FOR COUNCILLOR. BULL. John Bull, of the Town Barrie, Butcher. of X JONES. Morgan Jones, of the Town of Barrie, Qrocer. McAllister. Allister McAllister, of tb« Town of Barrie, Tailor. O'CONNELL Patrick O'Connell, cf the Town of Barrie, Milkman. X 28, Sched. B.; 40 V. c. 7, Sched. A. (187). 205 I i ^•^^i'Siga3 a it wgW^ r i tt *u ! 4uqt v'» ».»itf*JHu Jsi ^ 206 Chap. 174. MUNICIPAL MATTERS. [Title Xll. a § $ 8 I u n en o C O 'A tf ! E §5 ffi 52 e o H o n pa H H C > H R H n O r/3 •joiipiiiu);j ■OAa»u I'UB ioXfli^ 'iiuyju JO j«aMi in l«»nj»>I ■pauumv ao oioMij •yuoi^aarqo •XV\OK JO 80U9ptB9tI ■UOg t4,J9nU1I^(I JO ^UBU9X 'J9l'l"H -awnoH 'at)i>i»>il98J j; 9^0A &\ p9HpU9 HI j9:)OA9i{)iiaii{M }op9d89JU!X^9d -oj J JO nojvluafWf I H O > O m u •pa^oA mq J9!)0A 9i{) T\3X\a joj uranioQ i-,f" if Si! i." ^ ^:' ? * i « Fa •*! 1? s a r § "SI a> II I H 1 E •a o a £ o Title XII.] municipal institittions. Hiap. 174. SOIIEDULE "D." CEHTiril'ATE AH TO A>*HRH(«U1NT RoLL. Ehction to Iht Afuni'ctfxU ('(m»ion which tho voter* list U, tie nsed at tliis election Ih hiwed, wa* returned to mo by tho Assewor for Raid Tovriial(i|i (or (w tht cute uutij /»■) on the day of , l(j , and that tho wuuo wwi finally rovweil and cor- day of ) 18 '207 rected on the Dated thi« day of ,I« A. «♦,. 40 V. c. 12, Sched. B. SCHEDULE " E." (Stctiun 144.) Form of Dbolabation or Imability to Read, &o. I, A. B., of , being 'numbered on tho \oien' list, for polling BubdiviBion No. , in the City (w ua ihf case rnay be) "\ < and County of , being a lejjally (lualitied elector for tho said Oity {or aa the case mav be) of , do hereby declare that 1 ftin unable to read (or that I am from physical incapacity unable to mark a voting paper, us the case may be). ' , ,,^. , ^. B. (His X mark.) The day of , A.D. 18 . ,r «^ « i j r. 38 V. c. 28, Sched. D. SCHEDULE "F." {Sectian 144.) B'oRM OF Attestation Clause to be VV kitten upon or Annexed to the Declaration of Inability to Read, &c. I CD., the undersigned, being the Deputy Returning Officer for poU- i K/'subdivision No. , for the City (or as the case maybe) of , do ht^eby certify that the above (or as the case may be) declaration, having been first read to the above-named A. B., was signed by him m my pre- sence with his mark. (Signed) (J. V., Deputy Returainff Oflicer for Polling Sub- Division No. , in the City (or as the case may be) of Dated this day of , A.D. 18 . « , , t-. 38 V. c. 28, ScJied. E. SCHEDULE " G." {Sections 150, 307 aikd 306.) Oath of Deputy Returning Offiobr after the Closing of the Poll. I C. D. the uiid.'rsigned Deputy Returning Officer for polling sub- division No. , of the City {or as ths case may be) of , in the County of , do solemnly swear («r if he is a person permitted by laxv 208 Chap. 174. MUNICIPAL MATTERS. [TiTLK XII T rectlymade. ^ ^^^^ (..2)., ^^ Deputy Returning Officer. Sworn (or aflinned) before me me at , this day of ^•^- ^^ • {Sigmd) X.Y., Justice of the Peace. Or A. B., Clerk of Municipality of mTE.-Theforegoiiu, oath is to be anmxed to th^ voters' list used at th4 election. gg y ^ 28, Sched. F SCHEDULE "H." (Section leS.) Form OF Statutory Declaration opSeoeecy. I A B solemnly promise and declare that I wUl not at this election of members <°f the Municipal Council of the City (or aa the case may be) ot of me'n^«[«^ *^*^^«„^ Pson or persons the name of any pe"on who aiaciuBo t" « jr t' r virhatBoever unlawfully attempt fo'aLtfartetididat^^^^^^^^^^^^ whom any elector shall vote to f <=ertain tne canuiu» whatsoever aid in the unlawful dis- :^v'e^'or?he'^"si"e; Tn7rw«^^ secret all knowledge which may con7to me of the person for whom any elec or has voted Made and declared before me at , this aay 01 ^•^^« • CD., Justice of the Peace {or Clerk of the Municipality of )• 33 y. c. 28, Scfeeci. G. SCHEDULE « J." {Seotioti 2SS.) Form of Bailot Paper. FOR The By-law. AQAINST The By-law. 39 V. c. 35, Sched. A. »Tf*!#B!tW{??SSC^^!P^5?^ J§IK(ii*i i^.jy. [Title XII wledge the an- m No. of iner prescribed erein were cor- D., ming Officer, day of of the Peace. .B., y of list used at tin 28, Sched. F T ICY. ; at this election cose may he) of my person who awfully attempt ector shall vote lie unlawful dis- edge which may a. day of , I. 28, Sched. G. c. 35, Sched. A. Title XU.J municipal inhtitutions. SCHEDULE "K." (Sectunui 201 ami 293.) Chap. 17-t. I, the -Towiishii 1 luulorsigned A. li., solemnly declare that I am a ratepayer of the ip (or an the ciwc ma\j he) of (the MuiiicipaHfij the Cuitncil of which propimd tin- hy-lair), and that I am desirous of promoting (oc opposing, xt the cd.se mmj he) the passing of the by-law to (here i)i)ivrt nbjcd of the hy-law), submitted to the Council of said Township (or tw the case may be). Made and declared before mo this day of CD., Head of Municipality. (SUjiMture) , A.D. A. B. 39 V. c. 35, Sclied. B. SCHEDULE 'L." (Sectimi 300.) Directions for the Guidanok of Voters in Voting. The voter will go into one of the compartments, and with the pencil provided in the compartment, place a cross (thus x ) on the right hand side, in the upper space if he votes for the passing of the by-law, and in the lower space if he votes against the passing of the by-law. The voter will then fold up the ballot paper so as to show the name or initials of the Deputy Returning Officer (or Returning Officer, as the case may he) signed on the back, and leaving the compartment will, without showing the front of the paper to any person, deliver such ballot so folded to the Deptity Returning Officer (or Returning Officer, as the case- nuiy he) and fortliwith quit the polling place. If the voter inadvertently spoils a ballot paper, he may return it to the Deputy Returning Officer (or Returning Officer, as the case may he), who will, if satisfied of such inadvertence, give him another ballot paper. If the voter places on the paper more than one mark, or places any mark on the paper by which he may be afterwards identified, his ballot paper will be void, and will not be counted. If the voter takes a ballot paper out of the polling place, or deposits in the ballot box any other paper than the one given to him by the Deputy Returning Officer, (or Returning Officer, as the case niay be), he will be subject to imprisonment for any term not exceeding six months, with or without hard labour. In the follow huj form of Ballot Paper, given for Ulmtratian, the Electen«e;/;f of said meeting, as also of the election to be held, as hereinattcr »^Verecti..n. provided. 35 V. c. 37, s. 3. 4. The «aid Stipendiary Magistrate «hall name some fit and Ma^isUate^to competent pei-son to preside at said meeting, who shall torth- ,^^„ with report the result of the same, with the votes given thereat, to said Stipendiary Magistrate, under oath, which may be administered by any Justice of the Peace. So \. c. 6i, s. 4. S Upon receiving the report of «aid meeting for the esteb- Ma^qs^^^^^^^^ lishment of a Municipality, the Stipendiary Magistrate shall {(l^t .lection. fix a time and place for holding the fii-st election m .said proposed Municipality, and shall, in the notice providing for said election, name the Returning Officer who shall preside at said election ; but no such Municipality shall be established unless at .such meeting at least thirty freeholders or householders have voted in favour thereof. 35 V, c. 37, s. 5. «. The officers to be elected at the said election shall be one Counci^of Reeve and four Councillors, who .shall have the same qualihca- ^„~i tion as voters, and shall constitute the Council of the Township, the Reeve being the head thereof. 40 V. c. 8, s. 53 (1). 7 The persons quaUfied to vote at .said election shall be male Q«U«f;»«°" British subiects of the full age of twenty-one years, being house- holdei-s resident in the locality proposed to be orgamzed into a Municipality. 40 V. c. 8, s. 53 (2). 8 At the time and place appointed by the Stipendiary Nomination. Magistrate under the fifth .section of this Act, the nomination of ^ndidates shall be made in the same manner as is provided in respect to the nomination of candidates at municipal elec- dons. 40 V. c. 8, s. 53 (3). i'l ^m^mm-" T 212 Chap. 175. MUNICIPAL MATTEHS. [TlTLK XII. Poll book and how Klled up. Casting vote. Kl.ctionhy 9 In case no ninic persons aiv noniinattMl than aiv voquueil acdaniati.m. ^^ |,y ek'ctt'd, the Rctnininjr Officor shall docliiiv such persons to be elected. 40 V. c. •-, s. .')3 (4). Nntic- of time 10. In case a poll is required the Returning Ofjicer shall ad- and place of j^,,,,,,, ^]^^, p,.()ceedinL's until the same day of the following week, hoUUn«,..ll. .J^^^^j ^j^^„ J,^,^,^j.^ ^,,^. j,,^^^. j^t ,^.y,ich a poll will be opened in the locality, and shall forthwith post uj) in at lea.st six ot the most public and conspicuous i)lace8 in the locahty, a notice^de- claring that a poll will be held at such time and place. 40 V. c. 8, H. 53 (5). 11 The Returning Officer shall, previou.s to the opening of the poll, procure a poll l)ook, and he shall enter in such Iwok in separate columns, the names of the candidates proposed and seconded at the nomination, and shall, opposite to such columns wi-ite the names of the electors offering to vote at the election and shall, in each column in which is entered the name of a candidate voted for by a voter, set the figure " 1 " opposite the voter's name. 40 V. c. 8, s. 53 (6). 13 In case a casting vote is required to determine an election, the Returning Officer, whether otherwise ?lualitied or not, shall give a casting vote for one or more ot such candi- dates so as to decide the election, and except in such case, the Returning Officer shall not vote at any such election. 40 V. c. 8, s. 53 (7). Term of office 13. The pebons elected shall hold office until their succes- offiratmemberj^QPj^j^j.g elected or appointed and sworn into office and hold of Council. ^^^j^. ^^.^^ meeting. 40 V. c. 8, s. 53 (8). Oathofvoten.. 14. The following shall be the oath to be administered to voters at such election : You swear {or solemnly affirm) that you are A. B. ; ,. ,. v That you are a subject of Her Majesty by birth {or iiaturalizatiSn) ; That you are of the full age of twenty-one years ; That you are a householder in the locality now proposed to be organized into a Municipality ; ^,. . • j That you have not received anything nor has anything been promised vou 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 : • j .. • ^ That you have not directly or indirectly "aid or promised anything to any person either to induce him to vote or ufrain from voting at this election ; So help you God. 40 V. c. 8, SB. 50 & 53 (9). Declaration of !«• After the said olection, the said Returning Officer shaU re- electioi turn to the said Stipendiary Magistrate the result of the same, and the said Stipendiary Magistrate shall, as soon as may be convenient thereafter, by public notice, declare the names of [TitlkXII. I ail' v('4UJr»Hl such persons ficor shall af such candi- such case, the tion. 40 V. c. I their succes- ffice and hold iministered to turalizati6n) ; id to be organized ig been promised t this election, or iny other service nised anything to Dm voting at this S8. 50 & 53 (9). Officer shall re- lit of the same, soon as may be e the names of Title XII.] municipal institutions, au»»ma, i<.c. Chap. 175. the persons so elected, who shall forthwith enter upon the duties of their ottice ; an.l the sai.l xMunicipality shall from , " The Corporation ot the Municipality * 11 111 • 1 213 • .-, Name of ;' and the said Munkiimlity. Ce until Tenure i QS V p ottiteof **■' ^ • ^" Councillors. thenceforth be known as " Tlie L'orp (rt , in the District of , Reeve and Councillors shall hold and continue in officiMintil Temm- of their successors are elected, as hereinafter provided 37, s. 8. 16. The first meeting of the Council shall ''« 'i^''^^ "-^ «; V/"'' Kuidf "^ and place to be fixed by the Stipendiary Magistrate. .U V. c, 87, s. 9. 17. The .said Council shall at their first meeting, or as early Ap^^l^t--^. as possible thereafter, appoint a (^lerk, Treasurer an.l Collector, ti.,„ „f oierk, who shaU hold oftice until remove.l or dismissed by said Coun- rrej«ur-J-nd cil ■ and the said Council shall also fix the remuneration to be paid said oflicers, by by-law to be passed for that purpose. 35 V. c. 37, s. 10. POWERS OF COUNCILS. 18. The said Council shall have power to pass by-laws for ^^^^^^^ such purposes as are provided for regarding Town.ships under {,y.i^^,. " The Municipal Ad ; " and the provisions of the said Act relat- Rev Stat, ine to Township Municipalities and their officers shall apply to <=-^'*- the Municipalities erected under this Act, except where incon- sistent with this Act. 35 V. c. 37, s. 18. 19. The said Council shall, as early as convenient after their A«s^-;- <^^ fii-st meeting, appoint one or more Assessors, who shall enter ^^ ^nter in upon a roll to be provided for that purpose -, ^^--""""t (a.) The names of all the freeholders and householders in said f-eholders Municipality, stating at the .same time on the roll the amount Golden., of all the real and pei-sonal property owned by such persons respectively, and the actual value thereof, and whether the o^v^lers are resident or not (b) The names of all persons liable to taxation for income, l'e«on; or who though exempt from taxation, have required their J^^^^^ names to be entered on the said roll in respect of such income, stating at the same time the amount of such income. (c.) The names of all farmers' sons entitled to be asssessed ^^l^^^"^' under the provisions of " The Assessment Act. igo, g. 20. and the said As.sessor or Assessors shall duly notify the Notice^of^^ person or persons so assessed by leaving a notice at his or hex- place of abode, or if a non-resident, by leaving the same at the nearest post-office, stating in such notice the particulars ot said assessment. 35 V. c. 37. s. 11 ; 37 V. c. 3, s. 1 ; 40 V. c. 9. gfc-Ac ,feba ;» ji s^'. a^;g? ?^ 214 Cluip. 175. MUNICII'AI. MArrKlDS. [Title XII. lUllH u, l)e aO. Tlir said roll shall Ih( ivtmncd to tlic ( 'li'fk of the Muni- cierk"^ ' *" cijidlity within .such tiuic as may ho provided for hy any by- law pasHud hy said Council. .So V. c. 87, s. 12. Appeal agaiiiHt ill. The person or ])erHons so assessed, if he complains of asHessinent. |,jj^ assessment, shall, within one month after the titne fixed for returnin;,' said roll, notify in writing the Clerk of liis grounds of complaint. .So V. c. .S7, s. IS. Oouncil t(i hour an- l)eala. !*8. The .said Council shall, within two months after the time tixed for returning tlie roll, appoint a time and place for hearing said complaints, and shall, after hearing the parties complaining, as well as the Assessor or Assessors, and such evi- dence as may he adduced, alter or amend the roll accordingly. 35 V. c..S7,H. U. Appeal from 33. An appeal may he hay- complains of titiH' Hxt'cJ for )f liis grounds itlis aftoi- the ; and place for ng the parties , and such evi- 11 accordinyly. ,i\ of the said ;istrate in the Municipalities, ,' shall be final. appeal to the f the Division is situated, and )f the Munici- left within the regard to such he manner in like appeal to i. ike powers and appeals as are other Munici- Council, or by shall be taken urposes, until a . 35 V. c. 37 ! time for mak Jity at periods : and the year as commencing ;. 37, s. 16 ; 37 final revision of 11 the real and Title XII.] municipamnstitutions, alooma, &c. Chap. 175. 216 personal property on said roll, of not mon^ than two cnts on the dollar, to provide f.)r all the necessary expen.ses of said Municipality, and also such stun or sums as may be found ex- pedient for the purposes mentioned in the eighteenth section ot this Act. 35 V. c. 37, s. 17. aO. The said Council sliall. by by-law, fix the time for the The -jl^cWr^ ( !olk'Ctor making his return, and the said Collector shall have the same powei-s as are conferred on Collectors by " The As^esmient pow Act." 35 V. c. 37, .s. U> hiH returns and IJOWt'fH. Uev. Htat. c. ISO. 80. Arrears of taxe. due to any Municipality formed under (^^ii^-tjo"^^, this Act shall be collected and managed in the sauu- way as like j^,^ ^^^^^ arrears due to Municipalities in Counties ; and the Treasurer and Reeve of such Municipality shall perform thelikeduties mthe col- lection and management of arrears of taxes, as in Counties are performed by tlie Treasurers and Wardens thereof; and the va- rious provisions of law relating to sales of laml for arrears ot taxes, or to deeds given therefor, shall, unless otherwise pro- vided by this Act, apply to the said Municipalities and to sales of "land therein for arrears of taxes due thereon, and to deeds jriven therefor. 38 V. c. 13, h. 0. 31 No sale of any la,nds for taxes shall take place in any Mode of gale such Municipality forme.l as aforesaid, except during the month.s f;;^ ^^^-^^ «" of July, August, September or October; and the advertisement of the proposed .sale, which under the one hundred and thirty- NoticeB, time first and one hundred and thirty-second sections of '"Hie As- for. sessment Act" is required to be published in the Ontario f^^-^^^^^^^^ Gazette and in a local newspaper, shall, when lands are to be sold in any such Municipality for arrears of taxes, be published also once a week, for at least four weeks, in such newspaper published in the City of Toronto as the Lieutenant-Governor in Council may designate. 38 V. c. 13, s. 10. 3«. The Council of any Municipality formed under this Act "i^;;;^" shall have the like authority in respect to taverns and shops ficenses. within the Municipality and the licenses therefor as the Coun- cils of Town,ships possess under " TJw Liquor Licen'^e Act. f^-'"'^'- 35 V. c. 37, s. 20 ; 39 V. c. 20, ss. 1 & 25. 3S. Except in the cases of Townships and Villages attached ^o^^^'X""'* or beloneinff to a County for municipal pui-poses, the Councils pistncts to of Townships and incorporated Villages in Provisional Judicial, ^ave ih,w«-^^ Temporary Judicial, and Territorial Districts shall have power tioneers, etc. to pass bv-laws for the purposes mentioned in sub sections two Luhree of the four hundred and sixty-fifth section of " The f^^Xn^ Municipal Act" 40 V. c. 8, s. 54. * (»)• 34 The Council shall have the power to appoint one or more ^PJ'^^'^taf coiLstables within the Municipality, who.se duty it shall be to of conBtablee. enforce and maintain law and order, and who shall perform aU duties appertaining to constables ; and the said Council shall 216 FeeH to coiiHtiibleH. Chap. 175. MUNICIPAL MATTERS. [Title XII. T have power, from time to time, to remove the same, for any misoonduet in tht ir office, and .shall also re^'ulate tlic fees to be paid said constahles : hut such appointment a,nd tariff of fees shall he subject to the approval and ratification of the Stipendiary Magistrate of the said District. 8.28. 35 V. c. 37, ^'niflhT^ 35. The said Council may establish and maintain a Lock-un fwik-up house. Hou.se within the Municipaiity, and may establi.sh and pn)viiio for the salary or fees to be paid the constable to be placed in ApiM)intinent charge of such Lock-up House : but the appointment of .said of a constable con.stable shall be ratified by the Stipendiary Magistrate of the District; and the said Council shall have power to remove or .su.spend such constable for neglect of duty or other miscon- duct. 35 V. c. 37, s. 27. thereto. Certain sec- tions of Uev. Stat. c. 174, to apply. Sees. 237, 2311 240, 244, 24ti, 247, 2.54, 255, 256, 257, 25«, 265, 266, 267, 268, 2«1», 270, 272, 282, 2M, 319, 320, 321, 322, 323, 324, 328, 32tt, 337, 394, 399, 401, 402, 403, 454, 489, 491. 36. In addition to the powei-s confen-ed upon said Town.ship or Village Municipalities by this Act, the following sections, with their sub-sections of " The Municipal Ad" shall be ap- plicable to the said Municipalities, so far as they can be adapted to the same, viz. : sections two hundred and thirty-seven, two hundred and thirty-nine, two hundred and forty, two hundred and forty-four, two hundred and forty-six, two hundred and forty seven, two hundred and fifty-four, two hundred and fifty- five,' two hundred and fifty-six, two hundred and fifty-seven, two hundred and fifty-eight, two hundred and sixty-five, two hundred and sixty-six, two hundred and sixty-seven, two hun- dred and sixtj'-eight, two hundred and sixty-nine, two hun- dred and seventy, two hundred and seventy-two, two hundred and eighty-two, two hundred and eighty -four, three hundred and nineteen, thi-ee hundred and twenty, three hundred and twenty- one, three hundred and twenty-two, three hundred and twenty- three, three hundred and twenty-four, three hundred and twenty-eight, three hundred and twenty- nine, three hundred and thirty-seven, three hundred and ninety-four, three hundred and ninety-nine, four hundred and one, four hundred and two, four hundred and three, four hundred and fifty-four, four hun- dred and eighty-nine, and four hundred and ninety-one. 35 V. c. 37, s. 33 ; 40 V. c. 8, s. 54. ELECTIONS AFfER THE FIRST. Who qualified to vote. 37. The persons qualified to vote at every election after the first shall be : Real property. 1. Eveiy male freeholder and resident householder whose name appears in the revised assessment roll upon which the voters list used at the election is based, for said Municipality, and who is of the full age of twenty-one years, and a natural- ized or natural-born subject of Her Majesty ; Income. 2. Every male person who resides at the time of the election r«CSSS'SMS^P8B©SSt [Title XII. for tlie and ratification 35 V. c. 37, ! Hanio, •L'j,'iilate ritnu-nt n a Lock -up and provi.ie lie placed in iient ot said strato (jf the r to ronjove ther niiscon- id Township ing sections, shall be ap- n be adapted y-seven, two two hundred hundred and red and fifty- l fifty-seven, xty-five, two en, two hun- e, two hun- bwo hundred hundred and 1 and twenty- I and twenty- lundred and iree hundred hree hundred Ired and two, ur, four hun- lety-one. 35 tion after the holder whoae in which the Municipality, ind a naturai- )f the election Title XII.] municipal institutions, alooma, etc;. Chap. 17'». 217 in the Municipality in which he tenders his vote, and has resided therein continuously since the completion of the last revised aHsessment roll of the Municipality, and derives an income from some trade, calling, office or profes.^ion of not less than foui' hundred dollars annually, and is assessed for such income in and l)y the revised assessment roll upon which the voters list used at the election is l)ased, of the Municipalitv, and possesses the qualifications required by law other than in respect of proj)eity. 35 V. c. 37, s. 21 ; 30 V. c. 48, s. 77 ; 37 V. c. 3, s. 1 ; 37 V. c. 17, s. 9. 3. Every person who is a farmer's son within the meaninj,' Fanners' sons of " The Municipal Act," and entitled as such to vote at nuini- it^v. stat. c. cipal elections, under the provisions of said Act. Sfc 40 V. 174,h. 7«. C.9. 38. The persons tpialified to be elected as members of the Qualifications Council in any Municipality after said first election, shall, in aaH. 40. A meeting of the electors shall take place for the nomi- ^^"jj'"^?'^ "' nation of candidates for the offices of Reeve and Councillors of Councillors, the Municipalities formed in accordance with the provisions of this Act, on the last Monday in December, annually, at such place therein as may from time to time be fixed by by-law of the Council. 37 V. c. 17, s. 7, part. 41. When the last Monday in December happens to be NomiMtion^^ Christmas Day, the nomination of candidates for the office of tj^tJ^'^ ° Reeve and Councilloi-s in each of the said Municipalities, shall Day. take place on the preceding Friday, at the times and places, and in the manner prescribed by law. 39 V. c. 7, s. 20. 43. The Clerk of the Municipality shall preside at the meet- filf^t^^^P^:. ing for the nomination of candidates for the offices of Reeve nation. and Councillors for such Municipality, and shall be the Return- j^g^^^^g ing Officer at all elections after the firat election. 37 V. c. 17, officer. s. 8. 43. The electors of every such Municipality shall elect an- PolUng day. nually, on the first Monday in January, the members of the Council of the Municipality, except such members as may have been elected by acclamation on the nomination day. 37 V. c. 17, 8. 7, part. 44. The persons so elected shall hold oflSce until their successors are elected and sworn into office. 37 V. c. 17, s. 7, part. •J18 Clmp. 17" MUNICIPAL MATTEHS. [Title XII. T Triftl of con- tri>v«rtBil elec- tiollH. ViMiiiiicv ill Crmiioil, how Willi til lire- wiiKs at meet- iiij,'H iif the ( 'iiunuil. Hwvi'.H to lie JiiHticc'Mof the Pence. 45. The provisions of law for the trial of controverts I elec- tions, applicable to Councillors of Townships in Counties, shall apply to the nieinliers of the C(iUncil of any Municipality Ibrnu'd under this Act. 3H V. c. 13, s. 12. 46. In case the seat of any nieniher of the Council he- conies vacant by death, resi(rnati'on or a contiinied ahsenct^ from nu'etin<,'s of the Council for a period of six months, it shall Imj the dufy of the Coinicil to direct a new election to he held for the purpose of supplying' such vacancy. tMi V. c. 37, s. 23. 47. The Reeve of the said Council shall preside at all meet- ings thereof, and, in th»^ event of his absence, the Council shall choose from among their nundier, a person to preside, and, in such case, the said person so piesiding shall have all the powers and exercise all the functions appertaining to the Reeve. 35 V. c. 37, s. 2i. 48. The Reeves of the various Municipalities shall be ex officio Justices of the Peace, and shall have the like mwers as are exercised by other Justices of the Peace in this Province. 35 V. c. 37, s 25. POLICE VILLACJES. Erection of 49. On th>' petition of thirty of the inhabitants of a Village iMilioe villagcH. in any of ihe sai(i2- Villages or their otHcers, shall apply to the Police Villages ^fpo'lke'vFl'' K1 STlMir KiaUM-HHATION A •overttMl elec- oiintit'M, shall Municipality Council 1)«- altscnct^ from lis, it shall 1m.' ;o 1)0 lu'ltl for 37, s. 23. at all uieet- C'ouncil shall 'eside, and, in ill the powers 10 Keovo. 35 •i shall be ex iki- powers as ihis Province. Al.f. A. .Tl. Kxooptsofa. .^rotrar-U .n t--. >' ^ ,.m.pris.-.l ■•vrtl. Municipality of Sl.un.ai., this Ail shall ■ '' ioH *^'^*^ of Al.'onui, oxcopt that tho .lutio^ wh-' l^y th.- .<(■.>. I my soctinns of this Act aro ro.p.in-.l to - |H.|-f..n. 4 ».y tho Stip.u.liarv Maj,'istrato shall, in that po, -n ol Ah: ma wlucl. is nut inclu.lo.l within tlu' I'istrict ol ' uun.lor lU-v, l.o poi- foriiio.! I.y tho .lu.l;-o of tho Di.strict Court i)t Algoi.ia. •»« > 0. 13, .s. 13; 3(1 V. c. -M), s. '28. a,y If any .lisputv at a.iy tiuio aris^^ as to tl.o valhlity .i..M.^.t|.;W; (»t anv l-v-law. or rosolution, or onl.-r ot any Municmality m ,^, i„ vMi.iity tho [)ist'rict of AlKouui, tho sau.o shall ho roforro.l to tl.o .lu.lp- .,f l..v.lu....t.., ,,f tho District of Al).;oina, whoso .locision thoroon shall bo Hnal, an.l tho said Ju.l-o shall havo tho powor of ..nforcin- hi.s decision, if nocossary.l.v a writ or writs un-lor us hand an. seal, to 1m. diroctod to tho Shoritf of tho said District, adapte.l to tiio purposes intondod. 33 V. c. '2'k s. 2.). bs of a Village J (jne hundred Council may, ge, and a.ssign 37, .s. 29. ating to Police 'olice Villages •e inconsistent all be required Village as the A the elections ays and in the , c. 37, s. 31. it therein may on account of Police Trustee. ', by proclama- (said, any ter- i application of me, either with • may fix the a,ke effect, and place, and the i8V.c.l3,s.ll. •2. Miscellaneous Munkipal Matters. CiiAP. 176.— Resistration of Doboiituro.s, y. 2VJ. ■■ 177.-Calliiig ami Hoiaing -f P"l>lic Meetmijs, p. 22iK 178._Ejceini)ti()U oi Firoiiieu from certain clutios, p. ZAJ. .. 171).— Support of Destitute (nsano PerBons, p. 234. CHAPTER 176. An Act respecting the Re^^istvation of Municipal and certain other Debentures. Short title, s. 1. Returns to Registrar, s. 2. Provincial Secretary, 8. 3. Duties of Provincial Secretary, s. 4. Registrar, ss. 5, 6. By-laws, how t > be verified, s. 7. Books to be open to inspection, ?. 8, Registrar's fees, s. 9. Penalties, s. 12. ' Sanction of Lieutenant-Governor to by-laws, s. 10. i Railway, etc., debentures not with- in the Act, 8. 11. Debenture not impeachable against honajidf- holfler for value without notice, 8. 13. in Debentures good for face value, O. S. C. c. 84, 8. 1(>. HER MAJESTY, by and with the advice and coascnt of the Legislative Assembly of the Province of Ontario, enacts as follows : — 220 Ohiip. 17(5 Hhort title, MrNKIPAI. MATtKRM. [Titi-kXII. I. Tills Act may In- citf.l as " Thr nntureH Rt'ifiHtratum Actr U.rtifi..lc..i.i.« 'J. It shall \w the .luty of the ( 'h'lk or iM'iwm acting; tt' xili'li, of .ifulli.ylawH ,.v,.,vMmiicii»il HI Provisional Miiiiiciual ( 'orporation an.l of tlit; iLlMiiiinvM iir.' Clerk or Sfcntarv, or |M'rsoii ac-tm^nis siicli,t»t any ntlici coiik)- iHluI'a'n.'lu.'" '■"*^*' '""'.V. within two w.iksat'tt-r tht- tiiial passing; of a»vv hy-law iiC'ii'iiM.ato i,»,iilt'aii' '' raisin^r iliri.ri.i«r iii(»ncv liV thf issue of ilelnntures, and hefore the shI. or con- IW-.rar, ftc j^^.^^.j^ •{■,„,• ^,^i,. „|- ,^„^, ^,,,.1, .lehelltures issue.l or illten-le-l to In- issued there under, ti> transmit to the lle^fistrar of t tie ( '(tunty or llutuni t() la- madi' to Provincial Secretary. , Provincial Secretary to compile tables from suuh returuH and lay them be- fore the LegiB- lative Assem- bly. other Re;;ist ration Division in which such MiuiicipaH oriioration or other corporate 1m .dy, or its princiiial otlice, is situated, a copy iluly certified, as li. n'inafter provided, of each suid every by- law math* and passed as aforcsaiil hy such Municipal or I'ro- visional Municijjal Corporation, or otiier corptjrute Ixxly, tt);,n;- ther with a retuui in the form specitied in the Schtxlule A, heretmto annexed showing,' the title or ohjucts of each .such l»y- law, the amounts tt» he raised thcreundei', the nuniher i>f de- bentures to he issued thereunder, the amounts thereof respec- tively, the dates at which the same respectively fall thie, tlw) assessed value of the real and personal estate helonyinj,' to such 0>ri)oration or i'ompany, the lussessetl value of the real and personal estate of the Municijtality, and the amount of the yearly rate in the tlollar tt) li(|uidato the same. C'. S. C. c. 84, s. 2. 3. The Clerk, or person acting a.H such, of every Muni- cijtal or Provisional Municii)al Corporation, and the Clerk or Secretary, or person acting as such, of any other corporat*} body (excepting such as ai'e in anti by thi.s Act excejited), shall, on t)r before the tenth day of January in each year, transmit to the Provincial Secretary a return made up to the thirt\ -first tlay of December then last past, in the form speeatied in the Schedule B hereunto annexetl, show- ing the name of the Municii»al or Provisional Municipal Cor- l)oration, or other corporate body, — the amount of its debt, if any, distinguishing the amount of debt incurred under the Municipal Loan Fund Acts, if any, from the remainder of its debt— the assessed value of the real and personal estate belonging to such Corporation or Company, or the assessed value of the real and personal estate of the Municipality, or both, as the case may be— the total rates, if any, per dollar, asses?,ed on such last mentioned property for all purposes, ami the amount of interest due by the Corporation or Company, or by the Municipality. C. S. C. c. 84, s. 3. 4. The Provincial Secretary shall annually compile, from the returns so transmitted, a statement in tabular form, showing the names of the several Corporations in one column, antl the con- tents of their respective returns against their respective names in other columns, corresponding to those in the said Schedule B ; ami he shall cause copies thereof to be laid before the Legis- T ^-•■^^ n ^ / tf ' Xiii'. " ' ^ '.i ^V ' Mr " T jg '.'iiy w F ^ y^ " '-"' '^r' '^*-^'-'^ fewj.^v riviv xii. 11 flint rdtiou ^-»llC'l), of . atlfl of the llicr t'(ir|K)- imy liy-law J (^ laisiiig iaIc or ctm- \\iU(\ to 1h' • ( Vtunty or 'oritoratiDii Ltt'u, a copy I I'vciy l)y- jial or Pro- . iiody, to;^- iC'IumIuU' a, i[\ Hucli l»y- \\])vr of tle- cof rt'sju'C- vU duo, tlie finj^ to such le real and f tho >oarly 84, s. 2. very Muiii- he Clerk or r coritorate t excepted), 1 each year, nade up to ast, in the 3xed, show- inicipal Cor- L)f itH debt, irred under 13 remainder rsonal estate the assessed licipality, or \ per dollar, urposes, ami Douipany, or •ile, frojn the showing the md the coll- ective names Schedule B; e the Legie- TlTI-K XII.] KKUKSTIUKH KKdISTIi.VTKtN Ad". ('Imp. I7al otlice is situate.!, shall receivi' and tile in his oHice |^':'tj; !,'.',"',{',!'„ the several hy-iaws reipiired to he transmitteo"ok of registration, wherc'in ii(' |,;;;r;«^f;;'^J hall, at the request of tho original hohler or liohh'rs, or any ih.^ mum. ..f ul.se<|uent transfen>.. or transferees tht-reof respectively, t^-(MU ;;/';;;^J';{;',;';^. time to time, cause to he entereil ai\il icgistered the name ot inir.liticlri'iii*- such origiiuil holder or holders, or of such suhsniuent tians- '^ll^'^^;;' feree or transfei'ees, and such holder or last legistered tran.s- ,,viiKiice. feree in such hook of registration shall Ik; d(!em(Ml pr'ntui facie the legal owner and possessor thereof. ( '. S, ( -. c. H4, s. (1. ^ 7 All hy-laws mentionetl in the second section of this Act Mojle In which ..hali be certiHed and authenticate Muni- 1;,^'"^;;,;:;^" ■ •ipal Cori>orati such Sugh Corporation at a rate less than par or at a rate of interest f^ej't^^ *]»;" «>^ diBoounted per centum per annum, and shall not be impeachable in the hands of a at a less sum. bona fide holder for value without notice. 18 V. c. W, s. 4.j %v,iikmiM'.M--j,-'' I t--JlL.UL«J„ [Title XII. nin- S CtM. 75 1 00 1 00 B4, s. 9. of any by- Province for to bring the ling thereof" 10. )t extend to lilway Corn- incorporated isued by any . C. S. C. c. Y Municipal- to pei-foi-m, 1 him in vir- idred dollars, it until such e months, to ^'-General of C. S. C. c. shall not be : value, with- id and recover - tiation by such ;reater than six 'he hands of a 4-] Chap. 17G. 224 Q Ed W O T Chap. 176. MUNICIPAT. MATTEttS. [Title XII. *«*.'U^ [Title XII. TtTLE XII.] PUBLIC MEKTINCS. Chap. 177. 225 CHAPTER 177. .Vn Act respecting Public Meetings. Public Muutings detiiie l)f witliin the jirotectioii of thin Act to be so. C. c. 3. Notit't' 4 In every notice or summons for calling together any such Snl/Let- pubiic meeting as in the first section of this Act i« n^»^»;^«"«j' ing« re.iuire.1 U^^^^^^ „hall be contained a notice that such meeting, and all ;;?o't:r;!*.!i'" persons attending the same, will be within the prote^t^^^^^^ thiB Act. this Act, and requiring all pei-sons to take notice thereot and govern themselves accordingly. 2. Such part of the notice or summons may be in the form or to the effect following : And be it known, that the meeting to b« h^^^ /" P"J-«7!^*^S,.5XJ,^ called in confonnity with the provisionB of Chapter 177 of The Hemsed sSr Toutaril" entitled '" An Act ryecting PMu. Meehng^r^d that the said Meeting and all persons attending theoame will therefore be wHhh»the"ctionof the said Act, of all which premises, all manner of personsLe hereby in Her Majesty's name most stnctly c^ej and commanded, at their peril, to take especial notice, and to govern them- selves accordingly. C.S.C.C. 82,8.4. Manner of S The notice to be issued by the Sheriff of any County, bringing nu'et- . xj^^ Mayor or other chief municipal otticer ot any l^ity Kfftet'! or Town, or by two or more Justices of the Peace, f jr calhng within the .,„\^ public meeting as in the second section ot this Act protection of . 'v ',.'■■, within the protectii this Act is mentioned : 1 Shall be issued at least three days before the day upon which such meeting is appointed to be held ; and shall set forth (a) The names of the requisitionists, or of a competent num- ber of them ; r- vnaiv." : ' J-iH-.-j'"tt^."^' ?' ^i- ' 'W'W.'i-->«W ITlTLK XII. ribecl, upon the U>rs, citizens or own, Township lervo in Legis- hy them with- •nship or Ward y two or more t, County, Ri. 10 Every person required l)y law, or who has, in the usual way been appointed at such public meeting to preside over the same, shall couunence the proceedings of the meeting by causin" the summons or notice calling the meeting, or the declaration whereby the same is declared to be a public meet- ing, under the pr(jtection of this Act, to be publicly read. I . S.15. c. 82, s. 10. Chairman to II. Any person recpiired by law, or who has been appointed remove dinor- ^^ j,„j.h meeting in the usual way to preside over the same, a:fcrv7n shall cause order to be kept at such meetings, and for that pur- view of d-s- pose may by oral direction or ochei-wise, cau.se any person turbance. }^^^ attciiipts to interrupt or di.sturb .such meeting to be re- moved to such a distance from the same as may ettectually prevent such intemiption or disturbance, and by an instrument in wiitincr under his hand, on his own view, may adjudge any person who so attempts to interrupt or disturb such meeting guilty of such attempted interraption or disturlmnce, upon which conviction any Justice of the Peace may, by warrant un- der his hand, forthwith commit such person to the Common Gaol of the County or District, or to any other place ot tem- porary continemeiit that such Justice may appoint, tor any period not exceeding forty-eight hours from the time of com- mitment signed, and until the lawful costs ot the constable an. I gaoler for the arrest, transmission and detention of such pei-son ' are paid or satisfied. C. S. C. c. 82, s. 11. To call on !«• For the purpose of keeping the peace and preserving Justices oi the good order at every such public meeting, the person required ftlwc^T or appointed to preside at such meeting as aforesaid may com- forassisunc.. mand the a.ssistance of all Justices of the Peace, constabh-s, and other pei-sons to aid and assist him in so domg. 0. b. ^. c. 82, s. 12. Justices to 13- Any Justice of the Peace present at any such meeting, swear in spe- upon the written application of the person so required or ap- oiai constables ^j^^gj ^o preside at the same, shall swear in oUch a number ot of°ChaZr special constables as such Justice may deem necessary for the preservation of the public peace at such meeting. L>. h. O. c 82, s. 13. i.>u. [Title XI]. neeting called ioction of thin I hoiTof, shall 4 ay or, Justice 1 public niet't- or not, every other person ■ holding such lid shall affoi'd ing the public i, in the usual I preside over le meeting by leting, or the t public meet- licly read. C leen appointed ver the same, d for that pur- se any person (ting to be re- lay effectually an instrument y adjudge any such meeting urljance, upon )y waiTant un- ) the Common place of tem- point, for any 3 time of corn- constable and of such person md preserving )erson required said may com- ace, constables, ioing. C. S. C. such meeting, •equired or ap- ch a number of icessary for the ng. C. S. C. c Tm.K XII.] PUBLIC MEETINGS. Chap. 177. 229 14 Evo.y acf.on to be brought against any person fo any- {^^^-^^Imn thi*" W him .lone under authority of tins Act, or chapter j., ,„,„,h,. !Sv-tw • the Consolidated Statutes of Canada, must be li^!:|it"'iu!in twelve months next after the cause ot such action accrued. C. S. C. c. H-2. s. 21. [Sediou, 14 to 20 of C. S. C. c. 82, emu^t a. follows .— U. Hanypor«o„ between tl..v«o.^n^^^^^ Jil^^^ quired to bo sworn in .« ft «l'?,*''''L*="f,'':t,\,e sworn. unleBS for some rofu».n« to be ,!,,on any such occoauM. ounts or "^ -« J^; -.:;: ' n shftll be guilty -- ^n, ^ refuses to be sworn. "»'"»»'•"""; .worn in, "'■"" r'^ ,r;!uMW.Hlbv'sucl. .Insticefttthe time, such person sluvU be «u Ity ^ „, ^ .ause to be allowed «y «"«=•'";' j^.^ „„,„ thereupon recor.l the refusal of »,,„,J,„eaDor. of a nu8den>eanor, and sudi J «*'«" '"^^ j j ,/, „ ^ fine of not more tion .« m other cases of misdemeanor. , V . c. 7, s. i*- 15. Any Justice of the ^-cewithin wh.«. |unsdicti.m any s.,ch m«et»^ ^^Z^Z isappointld to be ^'^^l^^;;^;^^:^;^^^ 'atSd' "me, any 'den- aru. per.on,. son attending such meeting, or on h s w ay t ^^^ ^^^ ^-^^^ ^■,^^, aive weapon, such as tire-arma, s^" ^l«' /*'V^.^*, " ' ^^^h person has in his which any Buch person is so '^'^'"«'l' «J,/,Xm K ™ such demand hamls or possession ; and «^«>-y«"f,,n,TniSly" to such Justice of decline, or refuses to deliver up, l'« "'^^^X^i^^Sl be deemed guilty the Peace any such offensive weapon ' « "J"^™;^ ^ecc.rd the refusal of of a misdemeanor and such Jnstice '"^y J''*';"^^, Xe uim to pay a fine of such person t,. del ver up «"«!; ^-H -^ iTfevied and made by the not more than eight ^^"l'fF«'7l"^\'';\^jXyproceedi..gs before Justices like process as other tines »"l>«;««'i »> '™eded against by indictment or of the Peace, or such person m'^X ^'.^I^ but such conviction shall not information as in •'*!'- "«««"!^XSra^^^^^^^^^^ to take such interfere witli the power of ^^f^;'"'* ''L'^^,'*"^ch person without his con- purpose. 7 V. c. 7, 8. 15. i * „„„ TiiafipB of the Peace to whom any WeaiJonstobe 16. Upon reasonable request to a"y ^"f;'',^^^*^;^^^^^^ aforesaid, made returned to such weapon has been peaceably and 'l"'«"y f^r^J^^^ed an.l noV, before, Parties in cer- .,„ the diy nex^, after tj« '"^^^ J/^^^.^^if^^ be returned *»'" «=-- rrsurirtiS1!f lL"pete\tVe^ron'tm who^m the same wa. re- coived. 7 V. c. 7, »■ 16. sion of such Justice without his wilful default. 7 v . c. < , s. sentence of the law upon such person. 7 V. c. 7, a. u. 19 Except the High Sheriff, Under Sheriff, -^i^lTj^stLt IfTe ?.^^h ^"^d JLpistUrCounty,or^^^^^^^^ Persons guilty of battery within two miles of the meeting to be punished by certain penal- ties. r the Mayor md H gh Ba.l.B »na -J'"'"^ "' "/! ^iSii iio held, and the constables and s '» -J 230 Chap. 177. Persons gui!ty of lying in wiiii, how t<> be punished. MUNICIPAL MATTERS. [Title XII. them, for the preaervation of the public peace at such meeting, no per- son shall, durniK any part of the day upon which such meeting is iij)- pointed to be held, come within two miles of the place appointed for such meeting, armed with any offensive weapon of any kind as firearms, swords, staves, bludgeons or the like ; and any person who offends against the provisions in this section contained shall be guilty of a misdemeanor, punishable by fine not exceeding one hundred dollars, and imprisonment not exceedinc three months, or both, at the discretion of fhe Court whose duty it may be to pass the sentence of the law upon such person. 7 V. c. 7, s. 18. 20. Any person who liea in wait for any person returning, or expected to return, from any such public meeting, with intent to commit an assauU upon such person, or with intent, by abusive language, opprobrious ejii- thets or other offensive demeanour directed to, at or against such person, to provoke STich person, or those who may accompany him, to a breach of the peiice, shall be guilty of a misdemeanor punishable by fine not exceeding two hundred dollars, and imprisonment not exceeding six months, or both, at the discretion of the Court. 7 V. c. 7, s. 19.J SCHEDULE " A." (Section 5.) TO THE INHABITANTS OF THE COUNTY OP A. (or (M the case may be), AND ALL OTHERS HER MAJESTY's SUBJECTS WHOM IT DOTH OR MAY IN ANYWISE CONCERN : Whereas I, A. B., Sheriff of, Ac, <»• we, C. D. and E. F., two (or what- ener the number nmy be) of Her Majesty's Justices of the Peace for the County (or District) of A, resident within the said County (or District) having received a requisition, signed by I, J, K, L, &c. &c. (inserting the mimes of at least twelve of t)ie reqnisitionists and as many more as con- venienfly may be, and nuintionitig tlie number of the others ; thm) and fifty- six (or as the case may be) others, who (or twelve of whom) are free- holders of the said County (or District) (or citizens of the said City) having a right to vote for members to serve in the Legislative Assembly m respect of the property held by them within the said County (or Dis- trict or City, Ac., as the case ma. be), requesting me (or us) to call a public neeting oi (here recite the requisition): And whereas I (or we) have determined to comply with the said requisition : Now, therefore, I (or we) do hereby appoint the said meeting to be held at (here state the place) on , the day of next Cor instant), at of the clock in the noon, of which all persons are hereby required to take notice. And whereas the said meet- ing has been so called by me (or us) in conformity with the provisions of chapter 177 of " The Revised Statutes of Ontario," entitled " An Act res- pecting Public Meetings," the said meeting, and all persons who attend the same, will therefore be within the protection of the said Act, of M which premises all manner of persons are hereby in Her Majesty's name most strictly charged and commanded, at their peril, to take especial notice, and to govern themselves accordingly. Witness my hand (or our hands) at • , in the of , this day of 18 . A. B., Sheriff, or C. D., j.p. ' • E. F., J.p. 4. ■ . ••"^flpsBBiaesawBsws! [Title XII. Title XI I.] J'lJHLIC MEKTIN(iS. Chap. 177. '2\n neeting, no per- 1 iiieoting is u])- aointed for sucli irearins, swords, nds against tliu a misdemeanor, d imprisonnii'iit Ihe Court, whose li person. 7 V. ing, or expected mmit an assault ipprobrious epi- ist such person, I, to a breach of ble by fine not exceeding six ', 8. 19.J \ay be), and all iAY IN ANYWIHB ^ , two (or what- lie Peace for the ity (or District) c. (inserting the ■ny more as con- thus) and fifty- irhom^ are free- the said City) ive Assembly m !ounty (or Dis- rr us) to call a lereas I (or we) SCHEDULE " B." (SectioM 0.) ., .....L. ....ITVTV UK A (.)!■ .I.'< thf <•«.•«• tniUJ /«■), AM> AM. TO T..E •-';V-''^^J,:;;K.'„ ™;: .o^ rr ..o... .. m.v .n anvw.sk OTHKKS IIKK MAJBST^ « "i ■•" "• CONFERS ■• Whereas, ^> u.fonnation on oath ^ll^J^^;^;;- ? J^^f rt'^: Z^^,' Majesty's Justices of the t'^'^ /'ih iSt u h reVnai -r ufentione.l is ap- ,u. the Le „uv, b.) w.th.n «''»'"'' ''^' "^^^^Ku.S^^ the inhabitants (-.r (H,inted to be held, it appears that a P"7« ^*^^; «» „f Q (or "* *''" ^"""ii^ the said County (or niatibe) is appointed to be held at - ^^^ ^^j (M ihe um miy be), on ti^A.wV in the """" ^""' '^* next (or instant), at 'x ,1? hat there is reason to believe that some other l...ur on the ««'""/^^y>' '" ^ ^T,^^^^^^^^^^ ; and whereas it great nun.bers of persons wall be P--- f -J^ ^.te^^r'the nnn0.er ,aay appears expedient to us C. V. amt i^. r , v jurisdiction within the ./,t)of Her Ma estys Justices of ^^^ »'^'^;"..K "^.^ to the more orderly Jd County (or a««.eccMe.,««^-),tha^wt^^ _^ ^^^ y^^^^ ings : " Now, therefore, in puxsuan^ of f^^^^^ £ £ ^^£ t authority in us vested by y''t"«''^,.f^hnui Meeting, and do hereby to be within the protection of the said Act. Witness our hands at this day of , in the 18 of C. D., J. P. E. F. J. V. &c. eting to be held day of )on, of which all i the said meet- he provisions of d ^^ An Act res- who attend the said Act, of all Majesty's name to take especial , m ., Sheriff, , J. p. , J.P. 232 Chap. 178. Ml'NICIPAl, MATTERS. [Title XII. CHAPTER 178. An Act to exempt Firemen from certain Local Services. Fiirmatinii of Fire Compauios may be atithori/.ed, 8. 1. And curtiticatesof enrolment grant- ed, H. 2. Holder exunipt from certain ser- viceH, 8. 2. B«it certificate may be forfeited, B. 3. Certificate may be granted on seven years service, ss. 4, 6. Kxemptions under, s. (t. HER MAJESTY, hy and with the advice and consent of the Legislative A.ssenil)ly of the Province of Ontario, en- actH as follows : — Formation ot Fire Corn- pnnies. 1. It shall he in the discretion of the coiporate authorities or Boards of Police in any ('ity or Town, or ]>lacc in which the formation of Ct)nn)anies of Firemen is by law authorized and regulated, or, where there aie no such authorities or Board, it shall be in the discretion of the Justices of the Peace of the District or County in which such City or Town is situate, in General Sessions as.sembled, or the majority of them, to con- sent to the formation of a Fire Company in such City, Town oi- place, or to defer the .same until circumstances in their opin- ion render it expedient that such Company should be formed ; and they may also, in their discretion, from time to time, di.scontinue or renew anv 'uich Company or Companies. C. S. G. c. 87,s. 3. 3. Whenever any Company or Companies of Firemen have been regularly enrolled in any .such City, Town or place, the corporate authorities, or Board of Police in such City or To-wn, or the Justices of the Peace for the District or County, or the majority of them, as aforesaid, respectively, being satis- tied of the efttciency of such persons and accepting their enrol- ment, shall direct the Clerk of the Peace for the District or County to grant to each member of such Company a certificate that he is enrolled on the same, which certificate .shall exempt the individual named therein, during the period of his enrol- ment, and his continuance in actual duty as such Fireman, from serving as a juryman or a constable, and from all municipal oflices. C. S. C. c. 87, s. 1. Such exemp- 3. The corporate authorities or Board of Police in any City taken* aw8j in ^^1" Town, or where there are no such authorities or Board, the case of miscon- Justices of the Peace for the District or County, or tlie majority duct on the ^^ them, at any General or adjourned Sessions, upon complaint Discontinu- anoe or re- newal. Certificated members of guoh Coinpan.v tobeexompte'l from serving as jurors, and from certain other offic«!<. .■;"i^'-i5*5^' ,,^^_,^^^B,,^mmmmm;mim^^^<^^^^^^^^ [Title XII. TiTLK XII.] KXKMlTloN OF KIUKMEN. Clmi). 178. 233 tain Local ly bo forfeited, ;ranted on seTcit 4,5. B. (>. 1,11(1 consent of )f Ontario, en- ite authorities e in which the lUthoriztMl and L's or Boai'd, it ' Peace of the 1 is situate, in them, to con- h City, Town i in their opin- Id be formed ; time to time, npanies. C. S. Firemen have own or place, n such City or rict or County, ly, being satis- ng their enrol- the District or ny a certificate ;e shall exempt xl of his enrol- i Fireman, from I all municipal ice in any City J or Board, the or tlie majority upon complaint t.. then, n.ttde of n-glect uf duty, by any "''«ivi.l.."l '-r sueh p^t o^^^^^ Firi' Couipanv, sliiill exnuiine into the sum.': iiii.l ti>i aii\ >na\ ,„^,b,,,„u,„n,. CHUsf. and also, in ra,H.- any indivi.iual of such C.inpany is couvictnl of a breach of any of the nil.-s l.'gally ma.U" tor the r.'-ulati..n of the same, may strik.- ofl' the name ol any such indiNlduaifron, the list of the Company an.l th.-ncTlorwan the eertitieate frraiite.l to sueh individual, as aloresai.l, sl.all have n.> ettect in e.K.'inpting him from any duty or serviee in the ne.xt preceding .section of this Act mentioned. L. ^. K^. c. 87, s. 2. • 4. When any ...ember of any Cou.pany of Fi.yn.en, .-egularly f--- |;- en.-olle.l in an^- City, T..wn or placr in which the f...-mation ot J,, „ C.mpanies of Firemen is by law authon/cd and reguiatvd, has -..m-.c; .-- n-uta.ly an.l faithfully served for the space and term of seven -[;'„«,„. consecutive voa.'s in the same, the .sai.l member shall be .-nti- tU-d to receive, upon pro.lucii.g due proof ol his l.aving served seven consecutive years as aforesaid, aceitiheate trom tl.r t lerk of the Peace of the District or County in which he resi.les, or from the Clerk of the corpo.ate body or Hoar. 1 of Pl'''^''';";;''''; whose authority the said C..inpany has been establish...!, that he has been regularly enrolk-.l an.l s.-rved as a memb.".- ot the said Fir.' Company for the space of seven years ; an.l such c.-r- tiHcate shall ex.Mupt the in.livi.lual name.l theivm trom s.-iv- incr as a constable, and f.-om all municipal .attics, but this siiall n.rt exempt any such Fireman from serving as a juryman. C. S. C. c. S7, s." 4. a. The Municipal Council of any City whe.ein the formation Firemen^hav. of Companies of Firemen is by law autho.ize.l an.l regulate.l, ^„^„„ ,«»„ may by by-law, enact, that when a member ..f any Company entitUxl t,.a "rFiremen regularly enrolle.l in such City ha.s regularly an. -r.;«-- '" faithfully served in such C!ompany for the space ami term ot seven yeai-s consecutively, sueh me.ube.-, up.)n pr.).lueing .lue proof of his having so serve.l, shall receive a e.«rtihcate trom the Clerk of the Council of the City or the (^lerk ..t the cor- porate body under whose authority the Company was estab- lished that he has been regularly enrolled and serve.i as a member of the said Five Company for the space of seven years. C. S. C. c. H7, s. o. O Such certificate shall exempt the indivi.iual named there- such certifi- in from the payment of any personal statute labour tax there- -^^^'J*'^"' flftpv and from serving as a juror on the trial ot any cause in g,a,ate labour fny Couii ofZw witfin this' Province. C. S. C. c. 87, s. 6. ^^^ r;o» jurotfl. \See aho,m to exemption of Firemen from jury nerviee, Kev Stat. c. 48, 8. 7 (31) ; and as to exemption from municipal ofices, Rev. Stat. c. 174, s. 75.] •j:i4 Cliap. i.!). MINKII'AL MATIKUS. [TiTI.K XII. CIIAITKU 179. An Aft respectint; the Support of Destitute Insane INsr.sons. AccouiiUdf inonuyH l<>r iiiiunttiiiiiiiK (luBtitiito iimiiiu' jiurHiiiiKid lii> liiiil buftirii (Jriiml -hny of (JentTiil Sull8if the County, and the sai saiil Sessions; which presentment shall be made once in each year, and in each year the like account in detail of the moneys expended during the past year shall be laid before the Grand Jury as aforesaid. C. S. U. C. c. 122, s. I. The 8UU1 of 9. The Chainnan of the General Sessions may, from time to money present- ^i„j(.^ iyguj. j^jj^ warrant for the payment of such sum of money by the Treft-' U) the aiuomit, but not exceeding the amount, so presented, and such money shall be payable by the Treasurer of the County out of the moneys of the County in his hands and unappropri- ated, and tlie account so laid before the Grand Jury from tune to time, so far as the same has been approved of, and the said wan-ant, shall be a sufficient discharge and indemnity to all persons concerned in the expenditure of such sum of money. C. S. U. C. c. 122, s. 2. 3. The Courts of General Sessions respectively shall from time to time, by writ of subpoena, call before them any person required by the Grand Jury, and shall .swear such person in open Court true answer to make to all such questions as may be asked of him by the Grand Jury, touching and concerning insane destitute per.sons in the County, and their maintenance and support, and every such person shall be examined on the said oath before the Grand Jury. C. S. U. C. c. 122, s. 3. surer. Witnesses may be sumniom before the Grand .Iiiry. [TiTI.K XII. Lute lusuno iiirpoHi'g, tt. '.'. cnlli)«l bi'fori- [lonsi'iit of tlie >ntario, onai'ts oar lay bot'ore Poaco in each iiey I'xpenilfd ct'SHary to l>e *, for the pur- Atutv pt'isons (I Grand Jury nd reasonable )r the purpose persons, either y, for the year tnent shall be ke account in year shall be r.C.c.l22,s. I. , from time to sum of money presented, and )f the County id unappropri- iny from time , and the said lemnity to all um of money. Bly shall from im any person uch person in istions as may nd concerning r maintenance unined on the 122, s. 3. Trn.K XII-l ASHKSSMKNT (»K PRoPKUTY. rhap. IfiO. 3. Assessment of Property. Chai". 180.— Asuesaiiiont of I'rDporty, p. 236. CHAPTER 180. An Act respecting the Assessment of Property. Proliniinary proviBions, bs. 1-4. Property Liable to Taxation, 88. 5- 0. Exemptions, b. C. AsBeBBors — Appointment of, sb. 10, 11. DwtieB of, 8. 12. Mode «)f ABBCBBing— Real Property, sa. 13-27. PerBonal Property, as. 28-30. General Provisions, ss. 37-43. Special Provisions as to Counties, Cities and SeparatedTowns, ss. 44-46. Appeals— To Court of Revision, as. 47-58. To County Judge, ss. 50-66. Non-Residents' Appeals, s. 67. Equalization of Assessments, as. 68- 75. Statute Labour, bb. 76-87. Collection of Rates- Collector's Roll, SB. 88-90. Collectors, duties of, ss. 91-106. Annual Lists of Patented Lands, 88. 106,107. Arrears of Taxes — Duties of Treasurers, Clerks and Assessors in relation to, ss, 108- 126. Sale of LandH for Taxes, as. 127- 139 Certificate of Sale, Tax Deed, aa. 140-155. . ^. Deeds on sales for taxes binding unless questioned within two years, a. 156. Decda to be valid if sale valid, though atatuto authorizing sab be repealed, &c., s. 167. Rights of entry adverae to tax pur- chaser in possession not capable of being ccmveyed, a. 158. Where sale ^oid for uncertivinty, right of purchaser to iuiprove- nients, s. 169. Option of purchaser to retain land on paying its value, a. 159 (2). Value of land or improvements to be paid into Court of Chancery in certain cases, s. 160. Right of other persons interested to pay in value if defendant does not, s. 161. Lien in such cases, s. 161 (2). How owner to obtain sums paid in SB. 162, 163 Costs in certain cases, s. 164. Lien of tax purchaser for pur- chase money where his title in- valid, s. 166. Contracts between tax purchaser and original owner continued, s. 166. Act not to apply in certain cases, ss. 167, 168. Interpretation j s. 169. Non-Resident Land Fund, ss. 170- 184. Arrears of Taxes in Cities and Towns, SB. 185, 186. Responsibility of Oflacers, ss. 187- 214. Miscellaneous Provi8ions,B8.215-217. 2nfr N| '«^M^ii}M¥,'X?Sf^:* 236 Chap. 180. MUNICIPAL MATTERS. [Title XII. HER MAJESTY, by antl with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — Short title. Interpretation clauHe. "Gazette." " Township. ' C'ounty Council." " Town." "Village.' ' Ward." " Municipali ty." " Local Mu PRELIMINARY PUOVISIONS. 1 This Act may be cited as " The Assessment Act." a. In this Act (1) "Gazette" .shall mean the "Ontario Gazette;" (2) "Township" shall include a Union of Townshii)s, while such Union continues ; (3) "County Council" shall include provisional County Council ; •(4) "Town" and "Village" shall mean respectively incor- porated Town and Village ; (.3) " Ward," unless .so exjiressed, shall not apply to a Town- ship Ward; (G) " Municipality " or " Local Municipality " shall not in- clude a County unless there is something in the subject or nicipality." context requiring a different con.struction. Sz V. c. iJo, s. z. " Land." "Real Pro- perty." ^' Real Estate. '■ " Pei'sonal Estate." " Pergonal Property." (7) "Land," " Real Property," and " Real Estate," respectively, shall include all buildings or other things erected u\}on or affixed to the land, and all machinery or other things so fixed to any building as to form in law part of the realty, and all trees or underwood growing ujwn the land, and all mines, mine- rals, quarries and fossils in and under the same, except mines belonging to Her Majesty. 32 V. c. 36, s. 3. (8) "Per.sonal Estate" and "Personal Property" shall include all goods, chattels, shares in incorporated companies, interest on mortgages, dividends from bank stock, money, notes, accounts and debts at their actual value, income and all other property, except land and real estate, and real property as above defined, and except property herein expressly exempted. 32 V. c. 36, s. 4. (9) " Property " shall include both real and personal j^roperty as above defined. 32 V. c. 36, s. 5. Unoccupied 3. Unoccupied land shall be denominated " Lands of Non- caUed "Lands Residents," unless the owner thereof has a legal domicile or of Non-Re*?- * place of business in the local Municipality where the same is dents, "except, gi^uate, or gives notice in writing, setting forth his full name, *^ place of residence and post oflire address, to the Clerk of the "Property.' [Title XII. consent of the ntario, enacts id." tte • " k^nslii|)s, while ional County ictively incor- ily to a Town- shall not in- he subject or . c. 36, s. 2. ," respectively, icted 1/pon or hipgs so fixed realty, and all 11 mines, inine- except mines " shall include anies, interest aotes, accounts )ther property, above defined, l. 32 V. c. 36, sonal property jands of Non- al domicile or re the same ia his full name, B Clerk of the Title XII.] assessment of property. Chap. 180. :37 Municipality, on or before the thirtieth day of January in each year, that he owns such land, describing it and requires hi. name to be entered on the assessment roll therefor which n..- tice may be in the form or to the eHect of Schedule A to this Act : and the Clerk of the Municipality .shall, on or betoie the first day of February in each year, make up and deliver to the Assessor or Assessors a list of the persons requiring their names to be entered on the roll, and the lands owned by them 32 V. c. 36, 8. 6. 4. The real estate of all Railway Companies shall be con- }^^^^:;l^, sidered as lands of residents, although the Company has not ,,,^„i^., -4,. an office in the Municipality; except in cases where a Company ceases to exercise its corporate powers, through insolvency oi other cause. 32 V. c. 30, s. 7. property liable to rAXATI(»N. S All municipal, local o^/^-^^ t'^^! f^ -f ^^^^eS^ te ^" ^^^-5^ no other express provision has been made in this icspect, De ,^j_.^^^. Ipvied caually upon the whole rateable property, real and per- af>le pni-erty onal ot-"KCicipality or other locality, according to the w'-P;;;*^- assessed value of such property, and not upon any one or more ,„„,,. kinds of property in particular, or in ditterent proportions, o- V. c. 36, s. 8. . All landandpersonal property in tl"^P';'?;^';"<^^J^f j^'t^y • 1-' v & to fixation, subject to the followmg exemptions, that is to say. i^^^^^.^^ 6 to taxation Exemptions. (1 ) All property vested in or held by Her Majesty. 01; vested ah^p-p-^ in any public body or body corporate, officer or person in trus 'AtXjity. for Her^ Majesty, or for the public uses of the Province ; and al a 1 proi^rty 'vested in or held by Her M«je.st>sor any other l„a.„ g«^^ person or body corporate, in trust for or for the u.se of any uibe .^^ ^^^. or body of Indians, and either unoccupied, or occupied by some o.ally. person in an official capacity. 32 V. c. 36, s. 9 (1). (2) Where any property mentioned in the Preceding clause Bntif occ,. is occupied by any person otherwise than m an official capa- 1,^,^^_ tj troccup'antlhLl be .assessed in respect thereof but the property itself shall not be liable. 32 V. c. 36, s. 9 (2). (3.) Every place of worship, and land used in connection V^e.^oj wor- therewith, church yard or burying ground. 32 V. c. 36, s. 9 (3). See also Rev. Stat. c. \70, s. IS. (4: > The buildings and grounds of and attached to every Uni- ^^.'^^'i^i^^itu'. versitv College, High School, or other incorporated seminary tions. ofTeaming,whether%ested in a trustee or otherw^e, so long a« such buildings and grounds are actually used and occupied by 3 'ymmm^mmm^^tsm'^ms^-^m^ 238 Chap. 180. MUNICIPAL MATTERS. [Title XII. Public roads, &c. Municipal property. such institution, or if unoccupied, but not iC otherwise occu- l)ied. 32 V. c. 30, s. 9 W- sonal property belonging to each of them. Si V. c. 36. s. i&J. (6.) Every public road and way or public square. 32 V. c 30, s. 9 (6). n\ The nronerty belonging to any County or local Municj- Se?:\:S„r4r„\rof r „f *« ^r^r.^^ for t„e purpo.ses thereof. 32 V. c. 36, s. 9 (7.) P • 1 rS^ The Provincial Penitentiary, the Central Prison and the teSlry. p/,^^LVal Reformatory, and the land attax^hed thereto. 32 V. c.36,s.9(8);34V.c I7,s.34. „ u f^\ Fverv Industrial Farm, Poor House, Alms House, Or- connected with the same. 32 V. c. 36, s. 9 («). < • r«n in n ^ The nronertv of every Public Library, Mechanics' Insti- at,"*. Je and othrpWfc, literary or scientific institu ion and of g^^..^...«.S........oee„. of the Lieutenant-Governor of this Provmce. .i2V. c. 36,8.9 (11). T A :a n9^ ThP houses and premises of any officers, non-commis- Land occupied {IZ.) ine nousea auu y viotoQfu'a rponilar Armv or '^S\;^:^'^:ZZTfnro^:'^^^^^^^^^ suc\ services; and any «ionB,&cr ***" P*^ « 'i„rv ffratuitv or stipend derived by any person . , FrnrHer M^yt^^^^^^^^^ rfflTrfruuSSrPr^lce,K peLnal property of any person m such N^va^; Stary service ^^ ff I pay or otherwise m actual service. 32 V. c. 36, s. 9 (12) ; 33 V. c. 27, s. 1. T> „. n q \ All nensions of two hundred dollars a year and under "Ser^- pa^ibUutrrjublic moneys of the Dominion of Canada, Sr of this Province. 32 V. c. 3b, s. 9 {16.) ■ n±\ All criain cereals, flour, live or dead stock, the produce ■'" of ^th^Vam^r fieS in «tore or warehouse, and at any time olned oXld by or ik the possession of any person in any Mum- Grain, &c. ■transitu. [Title XII. lerwise occu- or Township )ck-up Hdusg ), and the per- 3. 36, s. 9 (5). ire. 32 V. c local Munici- r unoccupied ; b or lessee, or )ration for the *rison and the hereto. 32 V. tns House, Or- i Asylum, and reformation of ilonging to or echanics' Insti- itution, and of actually occu- e of the Gover- } official income V.c. 36,8.9 (11). ■8, non-commis- jgular Army or , and the full or 'ices; and any by any person se where out of person in such lerwise in actual year and under nion of Canada, ack, the produce md at any time son in any Muni- TlTLE XII.] ASSESSMENT OF PROPERTY. Chap. 180. 239 cipality, such person not being the producer thereof, and being M) held, owned or pos.se.'^sed .'solely fVir the bova fide purpose of lining conveyed by water or railway for .shi|)mcnt or sale at some other place. 39 V. c. 33, s. 3. (1.5.) The income of a faiincr derived from liis farm, and the Inf-oniesof income of merchants, mechanics, or other persons derived from capital liable to asses-sment. 32V.c. 30, s. 9 (14); 33 V.c.27, s. 2. (IG.) So much of the iiersonal property of any penson as is i'«'i'»<>n'»i pro. invested ni mortgage u])on land or is due to nim on account ot |,y „„„.t),'aKe. the sale of land, the fee or freehold of which is vested in him, or I'rovinciai or is invested in the debentures of the Dominion of Canada or aeiHJntimT' of this Province, or of any Municipal Corporation thereof, and such debentures. 32 V. c. 36, s. 9 (1.5). ;|17.) The shares held by any person in the capital stock of Divit \ '/ n -, \T t»r» l\ /.lO\ interest on mortgages. 32 V.c.36,.s.9(23). HoiiBuholil ftfeots, books, ttc. The case of in- come exeinpt- eil from iWseHsment. (25 ) Household efi'octs of whatever kind, books and weariig apparel. 32 V. c. 36, s. 9 (24). 7 Where any person derives from some trade, office, calling or profession, an income which is entitled by law to exemption from as.sessment, he shall not be bound to avail hiiuse f ot such ri.dit to exemption, but if he thinks fit, he may require his name to°be entered in the assessment roll for such income tor the i)urpo,se of being entitled to vote at elections tor the 1-egisla- tive Assembly and Municipal Councils, and such income .shall in such ciuse be liable to taxation like other assessable income or property, and it shall bo the duty of the Assessor to enter^the name of such person in the assessment roll. 37 V. c. 6, s. _. Realty within, 8. AH real property situate within but owned out of the but oWned out Province shall be liable to assessment in the same manner ami be arses^vi.le subjcct to the like exemptions as other real property under the provisions of this Act. 37 V. c. 19, s. 1. Personalty in ». All personal property within the Province in the posses- control of gj(jj^ Qj. control of any agent or trustee for or on behalt ot any Se«t'';nvn"; owner thereof, who is resident out of this Province shall he assessable. ii.^^,ie to jissessmeut in the same manner and subject to the like exemption as in the case of the other personal property of the like nature under this Act. 37 V. c. 19, s. 2. APPOINTMENT OF ASSES80KS AND COLLECTORS. (See also Rev. Stat. o. 174, ss. 250-253.J Assessors an.l 10. The Council of every Municipality, except Counties, shall collectoi-s to be „„,3oint sucli number of Assessoi's and Collectors for the Muni- appotntea. j^l^^^.^^^ ^^^ ^^^^^ ^^^^^ ^,^.^^^ necessary. 32 V. c. 36, s. 19. Miinicipalityi 11. Such Councils may appoint to such Assessors and Col- may be divided jg^^^j-g t^y^g fissessment district or districts within which they mentTstricts. shall act, and may prescril.- regulations for governing them in the performance of their dm ies. 32 V. c. 36, s. 20. Assessment rolls, their form, con- tents, etc. DUTIES OF ASSESSORS. ■ . * 13. The Assessor or Assessors shall prepare an assessment roll, in which, after diligent inquiry, he or they shall set down according to the best information to be had — [TiTLK XII. )Use occupied stent of two vraiue. ;j;i V. estate, exee]>t and wearing- ofKce, calling to exemption imself ot'sucli aire his nanu; iconic, for the r the Legishi- income shall ble income or ir to enter the V. c. 3, s. 2. id out of the le manner and ;rty iinder the in the posses- behalf of any '^ince, shall be ject to the like roperty of the CTORS. ^3.) Counties, shall for the Muni- 36, s. 19. ssors and Col- vin which they erning them in >0. » an assessment shall set down /lA Title XII.] ASSESSMENT OF PROPERTY. Chap. 180. 241 (1.) The names and surnames in full, if the same can be »us- Named of certained, of all taxable persons resident in the Municipality '"*' *" who have taxable jiroperty therein, or in the district I'or which the Assessor has been appointed ; (2.) And of all non-resident owntii-s who have given the Ot nouresi- notice in writing mentioned in section three, and re([uirfcd their names to be entered in the roll. (3.) The description and extent or amount of property assess- Property able against each ; asfteagable. (4.) And such particulars in separate columns as follows: — Column 1. — The successive number on the roll. Cohnnn 2. — Name of taxable party. Column 3. — Occupation. Column 4. — Statement whether the party is a Freeholder, Householder, Tenant, or Farmer's Son, by inserting opposite the name of the party the letter «F," "H," "T," or " F. S." as the case may be. Column 5. — The age of the assessed party. Column 6. — Name and address of the owner, where the party named in column two is not the owner. Column 7.— School section, and whether Public or Separate School Supporter. Column 8. — Number of concession, name of street, or other designation of the local division in which the real jiroperty lies. Column 9. — Number of lot, house, etc., in such division. Column 10. — Number of acres, or other measure .showing the extent of the property. Column 1 L. — Number of acres cleared, (or, in Cities, Towns or Villages, whether vacant or built u|>on.) Column 12. — Value of each parcel of real property. Column 13. — Total value of real property. Column 14. — Value of personal pi'opert}' other than income. Coiumn 15. — Taxable income. Column li). — Total value of personal property and taxable income. Column 17. — Total value of real and personal property and taxable income. Column 18. — Statute labour (in ca.se of male persons from twenty-one to sixty years of age), and number of days' labour. Column 19. — Dog tax; number of dogs and number of bitches. Column '10. — Number of persons in the family of each person rated as a resident. C.)lumn 21. — Religion. C)lumn 22. — Number of cattle. Column 23. — Number of sheep. Column 24. — Number of hogs. Column 25. — Number of horses. Column 26. — Date of delivery of notice under section forty- one. 32 V. c. 36, s. 21 ; 40 V. c 10, s. 5 (1). See Schedule B. 16 Farther patti* CTilan. '::^^msm^x!ms^m^?^^^^-m^ 242 Chap. 180. . MUNICIPAL MATTEBa [Title XII. Mode of A88e88vn^ Real Property. ^"'r^ TA'l'^t'XZnl SuZSlISho land of incor- Personal pro- jjuginess 18 canied on by a person in u ™" ^ < nersonal P^'^y- v!a rlnp« not residc or in two or more Municipalities, the personal :^ Z plrt' rlrsr t ^^^^^^ - -U as aiainst the owner. 32 V. c. 36, s. 22. Land occupied by the owner shall be assessed in his 14. When land to .^. 1.," „i, oo be asaeBsecl in name. 32 V . C. 30, S. ^O. owner's name. When land not lO occuiried by the owner, _ but owner is known. Occupant for non-resident owner may be assessed as owner in cer- tain cases. When land may be assesS' ed as non-resi dent. IS As to land not occupied by the owner, but of which the lO. AS lo lanu uui, t J assessment being occupant is any other person than the owner. 32 V. c. 3b. 8. 24. lA Tf the owner of the land is not resident wjthm the When owner 1». 1* the owner ui t Province, then, if the land non-resident Mun c pahty, but resident within this ^roviucy, t . and unknown. |,^ -„„„^ied it shall be assessed in the name of and against the IS occupieu, It """-^ .„ , , ^ J t occupied, and the be assessed as land of a non-resident. 32 V. c. .ib, s. ^o. IT Tn the case of real property, owned by a person not re- Jent Witt tMs Proving /^o Ls not re,uii.d ^ fuch id heTaU b^ deemed the owner thereof or the purpose of'mp^Sng and collecting taxes upon and from the same land ; butTthe land is not occupied, and the owner has not re- ques ed to be assessed therefor, then it shall be ^^ses^fjs kn^ 3f a non-resident ; and it shall not be "^^J-^.^^^^^^^^^^^^^^ •^rb;;tin;:fbrsur™^^^^ lKputedtLr%^"^^^^ to the Assessor" 8 knowledge or inlormation. 37 V. c. 19. s. 4. , ^ IS Whon land is assessed against both the owner and oc- Z::^ cu Jant or ownS^^nd tenant, the Assessor shall place both names 2^:.rst owner ^^^'b^ackets on the roll, and shall write opposite the name and occupant. Within "^^^^^ „ j, ,, ^ opposite the name of the of the owner ^'^^.^ better "H" or" T ;" and both name* occupant or tenant the letter ^ or x , shaU be numbered on the roll. 32 V. c. 36. s. 2b. riTLE XII. 1 which the he Ward in mdofincor- when any ,y in which the personal n the Mun> ituated, and f, as veil a8 jssed in his of which the jment being siness in the d in section • alone, if the ipant, if such 32 V. c. 36, t within the 3n, if the land [1 against the pied, and the , then it shall , s. 25. person not re- d his name to id is occupied e occupant as )r the purpose be same land ; r has not re- 3sessed as land ihat the name he assessment n the name of j/ti" according V. c. 19, s. 4. owner and oc- ice both names osite the name e name of the id both name* 8. fVk Title XII.] ASSESSMENT OF PROPERTY. Chap. 180. 243 2. No ratepayer shall be counted more than once in returns and ^.**F*y^ lists required by law for municipal jjurposes ; and the taxes may counted once. be recovered from either the owner or occupant or from any future owner or occupant, saving his recourse against any other person. 32 V. c. 36, s. 26. 19. When the land is owned or occupied by- more persons When land than one, and all their names are given to the A.sse8,sor, they ^o^'',\^'^^ shall be assessed therefor in the proportions belonging to or than one. occupied by each respectively ; and if a portion of the land so situated is owned by parties who are non-resident.and who have not required their names to be entered on the roll, the whole of the property shall be assessed in the names furnished to the Assessor as the names of the owners, saving the recourse of the persons whose names are so given against the others. 32 V. c. 36, 8. 27. 90. Every fanner's son bo7ia fide resident on the farm of Mode of at his father or mother, at the time of the making of the assess- ^°*; re™ig™t ment roll, shall be entitled to be, and may be, entei'ed, rated on their and as.ses,sed on such roll, in respect of such farm, in manner p'""'-'"*'*' f"™*- following : ' 1. If the father is living, and cither the father or mother if father liv- is the owner of the farm, the son or sons may be entered, i^e- rated and assessed, in respect of the farm, jointly with the father, and as if such father and son or sons were actually and bona fide joint owners thereof. , 2. If the father is dead, and the mother is the owner of the if father dead farm, and a widow, the son or sons may be entered, rated and »"'• ^a™ , J • \ J! L\ p -i! L ii owned by the assessed, m respect of the larm, as if he or they was or were mothe.. actually and lama fide an occupant or tenant, or joint occu- pants or tenants thereof, under the mother, and within the Rev. Stat. meaning of ■ The Election- Act!' c. 10. 3. Occasional or temporary absence from the farm for a time or times, not exceeding in the whole four months of the twelve months next prior to the return of the roll by the Assessor, shall not operate to disentitle a son to be considered ho'iui fide resident as aforesaid. 4. If there are more sons than one so resident, and if the farm is not rated and assessed at an amount sufficient, if equally divided between them, to give a qualification to vote at an election for a member of the Legislative Assembly, or at a municipal election, to the father and all the sons, where the father is living, or to the sons alone where the father is dead and the mother is a mdow, then the right to be assessed under this Act shall belong to and be the right only of the father and such of the eldest or elder of said sons to whom the amount at which the farm is rated and as-sessed will, when equally divided between them, give a qualification so to vote. m^^smm^mtm im^Mimism<'m 244 Chap. 180 MUNICIPAL MATTERS. [Title XII. 5 If the amount at which the farm is BO rated ^^^^^ is Lumcient. if equally P™S.r is a widow, SSYnWaX'tt; XCd ;owne?""»haH signify pre ^fetor in her own right of any such estate. f M •■ Farm " shall moan land actually occupied by the owner ther^of.Ind not less in quantity than twenty acres. ^^r<;::a£drVranf "nttL .on orLns of an o-wner and actual occupant of a farm. ^,;— ;-is-iSt^tv=;S^E as the case may be. (e) "To vote" shall mean to vote at an election. (/) " Father " shall include step.father. 40 V. c. 9. s. 1. When tenants «1. Any occupant -y yu «y "" ""rr" ' "7'r„ii:„:v.ln Ap. nSXt shaW be designated by its boundaries or other intelligible de into lots. scription. When known to be Hulxlivi' ded into lots. 3 If it is known to be .subdivided into lots, or is part of a tri known to be so subdivided, the Asse-ssoi. ;>-^^/-f;^« the whole tract in the manner prescribed with regard to undi tided tracts ; and, if they can obtain coirect -formation of the subdivisions, they shall put down in the roll, and in a nrsi column, alfh^ unoccupied lots by their numbers and nanies Sinrand without the names of the owners^ ^^?gX^o te lowest number and proceeding m »«^«"«*\j^^^;Xr d hiehest ; in a second column, and opi)Osite to the "umber oi S lot they shall set down the quantity of land therein liable rtaxiti^nfinathird column, and o^site to the quanti^y^ they shall set down the value of ««clvq}»*"tity 'ind, it such quantity is a full lot, it shall be ?^^-^^^^y,^^^^£\;,l such b/it« name or number, but if it is P^^-^ of a lot. the part shall be designated in some other way whereby it may be known. 32 V. c. 36, s. 34. Mode of Assessing Personal Property. as Subiect to the provisions of the seventh section no SKT pe^n deSg an income exceeding four h-dred dollars come from any person 8^ calling, otfice, profession or other arW Krc" whatT^er. lot declared exempt by this f t «ha^^ •""«*^ vTa^sessed for a less sum as the amount of his net personal ^operty than the amount of such income during «^e year then Fast past in excess of the said sum of four hundred dollars but no dKtJon shall be made from the gross amount of such in- come by reason of any indebtedness, save such as is equal to hra'nnuaf interest th Jreof ; and Buch last ye-(« -^^ei'to'S cess of the said sum of four hundred dollars, shall be held to be Wrnet personal property, unless he h-^ther personal W^^^^^ Uable to asBessment. in which case such excess and other per- /n 'ITLB XII. ' or Ward, mentioned Qinent and [ind notice )n8 of this ,ve not ro- jssors shall rated from ' Non-reAi- nto lots, it ligible de- ls part of a 1 designate rd to undi- ition of the d in a first and names ning at the der to the number of lerein liable le quantity, md, if such signated as ot, the part ' it may be section, no ired dollars ion or other 3 Act, shall net personal ,he year then 1 dollars, but t of such in- 8 is equal to icome, in ex- be held to be jnal property id other per- TlTLE XII.] AMSE.S.SMKNT OF PHOPKKTY. Chap. 180. •247 .sttnal prujjerty shall be added together and constitute his por- Honal [)roperty liable to assensment. 32 V. c. !iG, s. 35. 99. The personal property of an incorporated Company shall Penion»l pr.. not be assessed against the Comj>any, but each 8harohf)lder rotecompamw sliall be assesfifvl for the value of the stock or shares held by not t<> b« m- him as part of his personal pro|)orty, unless such stock is ex- '"'*'"^- emptod by this Act. 2. In Companies investing their means in gas works, water- Om corn- works, plank and gravel roads, manufactories, hotels, railways l>'"ii«i'i «*«• and tram roads, harbours or other works requiring the invest- ment of the whole or principal part of the stock in real estate already assessed for the purpose of carrying on such business, the shareholders shall only be assessed on the income derived from stich investment. 32 V. c. 86, s. 3fi. 80. The personal property of a partnership shall be assessed Pemonal lui. against the firm at the usual place of business of the partner- }J^J!j^i'p„ ''",*„. ship, and a partner in his individual capacity shall not be as- and wL'rc to sessable for his share of any personal property of the partnership ^ a«««H»etl. which has already been assessed against the firm. 32 V. c. 36, 8.37. /J. If a partnership has more than one place of business. As to partqer- each branch shall be assessed, as far as may be, in the locality '•**?* {"^""^^ where it is situate, for that portion of the personal property of busineus loca- the partnership which belongs to that particular branch ; and if ^^y- this cannot be done, the partnership may elect at which of its places of business it will be assessed for the whole personal property, and shall be required to produce a certificate at each of the other places of business of the amount of personal pro- perty assessed against it elsewhere. 82 V. c. 36, s. 38. 31. Every person having a farm, shop, factory, oflice or other Where parties place of business where he carries on a trade, profession, or tS[dJ"^c'!''to calling, shall, for all personal property owned by him, whereso- be aBseggeii !o ever situate, be assessed in the Municipality or Ward where ^JJ^'""* ^'^ he has such place of business, at the time when the assessment is made. 32 V. c. 36, s. 39. 2. If he has two or more such places of business in diflFer- When the ent Municipalities or Wards, he shall be assessed at each for ofmJre^placM that portion of his personal property connected with the busi- of business, ness carried on thereat ; or, if this cannot be done, he shall be assessed for part of his personal property at one, and part at another of his places of business ; but he shall, in all such cases, produce a certificate at each place of business of the amount of personal' property assessed against him elsewhere. 32 V. c. 36, 8. 40. ■'m^r^m^?^ [ 248 Chap. IHO. MUNICIPAL MATTEnH. [TiTLE XII. Wh«n the 34. If any pewon hns lu) i.laco of husincws, ho nHhU be iw- Separate aH- teRBinent of joint ownem puasesiora. Salariim. Ac, 99 Evcrv iKirMcii who h(.lality or War.l, each shall be assessed for his share ..nly. or if they hold in a representative character, then each shall be assessed for an equal portion only. 32 V. c, 30, s. 4 J. :3awof execu- 36. Personal property in the sole possession or under the *•'"• «**=• sole control of any person as trustee, guardian, executor or administrator, shall be assessed against such person alone. 6£ V. c. 3<), s. 42. 2 Where a person is assessed as trustee, guardian, executor or administrator, he shall be assessed as sucR, with the addi- tion to his name of his representative character and such as- sessment shall be carried out in a separate line from his indivi- dual assessment, and he shall be assessed for the value of the real and personal estate held by him, whether in his individual name, or in conjunction with others in such representative character, at the full value thereof, or for the proper proportion * thereof, if others resident within the same Mumcipahty are joined with him in such representative character. 32 V. c. d*. General Provisions. Particular- 37. It shall be the duty of every nerson .wsessable for real reBpectingreal personal property in any local Municipality, to give all SX^^ necessary information to the Assessors and if required by the •««»«" »^ . Assessor, or by one of the Assessors if there is more than one, he ^K%hall deliver to him a statement in writing signed by such •»«««1- person (or by his agent, if the person himself is absent, con- Parti lit as- sefwed as tru8' tees, etc. , to have their re- presentative ciiaracter attached to Uieir uaines. [Title XII. shall be iis- t or oftice ot r Dtlior coin- iiu'li iippoint- hi5 (Uios not f .sucli Halnry, I he purtonurt it ll'lH r at hiH place icato of hc'iiig section : hut ■ipal ortictTs. Hident within and against he control or ;he individual for all objects :issessed bv or sident in the his sliaro only, 1 each shall be 8.43. or under the 1, executor or son alone. 32 rdian, executor vith the addi- , and such as- rora his indivi- B value of the I his individual representative Dper proportion unicipality are r. 32 V. c. 3l», sssable for real ity, to give all equired by the jre than one, he ngned by such is absent, con- Tm.K XII.l AHSf^SMENT OV PROPKRTY. Chap. 180. 249 tainiti^ all the parti(MilarH respecting the real i>r personal prop- erty assessable against such person, which are recpiired in the assessment roll ; and if any reasonabli! doubt is entertained by the Assessor, of thcs correctness of any information given bv the party applied to, the Assessor shall require from him such writte.i statement. :\'2 V. c. 8(1, s. 4.'!. 88. No such statement shall bind the A.s.sesHor, or excust stattme bm, ed too high a rate, ijv the preceding sub- section give notice in writing to tne Clerk of the Municipality, (or Assessment Commissioner, as the Le may be) and the fileik shall give notice to such person Time within which notices of appeal to the Court are to be giyen. [Title XII. ime to time, at Be by the head e Court of Re- ion of at least which notice of jipality. 32 V. 3urt shall meet ongfuUy placed high or too low y administer an ce is taken, and nd such Court. . 56 (16.) Court of Revi- cient reason, to his time at the lalty of twenty ( the use of any he proper Divi- incurred under ,vered. 37 V. c. xints. omission i:. re- inserted on or -charged or over- onally or by his he Municipality, be), that he con- causes aforesaid. Assessment Cora- n days after the r to be returned, the roll, in case for that purpose. person has been •ongfuUy inserted the time limited n -writing to the Commissioner, as ice to such person Title XIL] ASSESSMENT OF PROPERTY. Chap. 180. •253 and to the Assessor of the time when the matter will be tried by the Court of Revision ; and the matter shall be decided in the same manner as complaints by a person assessed. 32 V. c. 36, s. 60 (2) ; 37 V. c. 19, s. 12 ; 36 V. c. 48, s. 200. 4. The Clerk of the Court shall post up in some convenient fJI^F^ toKive^_ and public place within the Municipality or Ward a list ot all ingupijlt.'^ complainants, on their own behalf, against the Assessors' return, and of all complainants on account of the assessment of othej- persons, stating the names of each, with a concise description of the matter complained against, together with an announce- ment o: the time when the Court will be held to hear the com- plaii is ; and no alteration shall be made in the roll, unless under « complaint formally made according to the above pro- visions. 32V.c.36,s.60(3). 5. The Clerk of the Court shall enter the appeals on the 0J« «^J>^«"- list in the order in which they are received by him, and the ^^ Court shall proceed with the api)eals in the order, as nearly as may be, in which they are so entered, but mav grant an ad- p^^^^^^^^^^ journment or postponement of any appeal. 6i V. c. ly, a. i*. 6. Such list may be in the following form :— Appeals to be heard at the Court of Revision, to be held at on the day of 18 . Form of list of.appealB. Bespecting whom. Appellant. A. B Self CD 15. F. G. H J. K. L. M N. O. &c. &c. Matter complained of. Overcharged on land. Name omitted. Not bona fide owner or occupant. Personal property un- dercharged. 32 V. c. 36, s. 60 (5). 7 The Clerk shall also advertise in some newspaper pub- Clerk to lished in the Municipality, or, if there be no such paper, then in XJS'of some newspaper published in the nearest Municipality in which Court, one is published, the time at which the Court will hold its first sittings for the year, and the advertisement shall be published at least t«n days before the time of such first sittings. 32 V. c. 36, s. 60 (6) ; 37 V. c. 19, s. 11. 8 The Clerk shall also cause to be left at the residence of to leave » list each Assessor, a list of aU the complaints respecting ho roll. withMsessor 32 V. c- 36, s. 60(7.) 9 The Clerk shall prepare a notice in the form following for and prepare each person with respect to whom • complaint has been notice^^ per- made: , ed against " Take notice, that you are required to attend the Court of Beviaion Form .^ Mm»i.^^JiiiJ ! A".vml^kel!'s : 254 Chap. 180. at on the following appeal : MUNICIPAL MATTERS, day of [Title XII. in the matter of the G. H. '.'. t^^S-That you are not a bona ^de owner or occupant, {or as the eiiL-al from Court of R«- naion. Sernce of notice of appeal. Proviso as to Shuidah. Day for hear- ing. or reiect the T.etition ; and the Council of any local Municipa. ?Llay. Ivomtime to tiine. mak. such hy-laws. and repeal or amend the same. 32 V. c. 36, «. G2. APPEALS FllOM THE COURT OF REVISION. S9 An appeal to the County Judge shall lie, -^ «nly ^^^^^^^ a decision of the Court of Revision on an appea to aaid C urt Lt So against the omission, neglect or refusal of said Court to hear or decide an appeal. 9 Th^ nerson anpcaling shall, in person or by his attorney „r aint sl^eV" the Clerk of the^lunicipality (or Assess- Inf SommisioL, if any there be), -ithin five d^vys after The date herein limited for closing ^^f.fo^fcolnfv Judged ?he Ee shall be given within ten days after the hrst day of August in every year. 3. The Judge shall notify the Clerk of the day he appoints for hearing appeals. Clerk to notify parties. roU- duced 4 The Clerk shall thereupon give notice to all the parties appealed against in the same manner as is provided for giving notfce on a complaint under the fifty-sixth section of this let but in the event of failure by the Clerk to have the fenuired sei vice in any appeal made, or to have the «ame made [nToper time, the Judge may direct service to be made for some subsequent day upon which he may sit. 5 The Clerk of the Municipality shall cause a conspicuous notice to be posted up in his office, or the place where the S^Tcil of thl Municipality hold their sittings containing the names of all the appellants and parties appealed agamst, with rS statement of the ground or cause of appeal, together t^th the dat^at which a Court will be held to Ur appeals. 6, The Clerk of the Municipality shall be the Clerk of such Court. 7 At the Court so holden, the Judge shall hear the appeals and may adjourn the hearing from time to time.and defer judg- ment therein at his pleasure, but so that all the appeals may be determined before the first day of August^except m the Mun - cipality of Shuniah (in which Mumcipality all such appeals shall be determined before the fifteenth 4^/, ^^'"^Vn^^ every year), and except in the cases provided f^ m sections ?ort7-four ind forty-six. 37 V. c. 19, s. 16 ; 40 V. c. 31, s. 10. eO At the Court to be holden by the County Judge, or act- Hetn- ing Judge of the Court, to hear the appeals hereinbefore pro- iato&T ^§edfor, the person having charge of the assessment roll List of appel- lants, &c., to be posted up by clerk. Clerk of Court. Hearing and adjournment. Proviso »8 to Shuniah, &c. [Title XII. cal Municipa- and repeal or [ON. ot only against to said Court, of said Court )y hi.s attorney lity (or A.ssess- five days after of Revision, a bounty Jud|^e — h Municipality the first day of lay he appoints > all the parties vided for giving section of this »rk to have the the same made to be made for 36 a conspicuous ;ilace where the , containing the led against, with appeal, together ) hear appeals. the Clerk of such hear the appeals e.and defer judg- he appeals may be :cept in the Muni- all such appeals (7 of Septmber in sd for in sections 40 V. c. 31, s. 10. inty Judge, or act- hereinbefore pro- le assessment roll Title XII.] assessment of property. Chap. 180. 267 passed by the Court of Revision shall appear and produce such Court, and roll, and all papons and writings in his custody connetitod with »"'«•«•«'•. «»<=• the matter of appeal, and .such roll shall ho altered an- 32 V. c. 3G, H. Oi). tetranHmittcament loll has bccn V""".^, ,X .Irlnv transmit to the Ccuuty "•* s,i':r£f :^;:;''rr sVv^kT. ^o. NON residents' APPEALS. .,„„,.»,.. «r. In »» any non-r^ido,,t ^."l-J-l "-Si.tJt™ ;,'.«.«tio™,.. of „„y City, Town, ™"™P°''\'™ '^S ' ,e,,,,,ent roll, cora- »-• ^LX in any 7-^, ^ .^r^;:'; ^a Council, .at any tTb^ r r»t!.a. .f V in t^o y- ne-,'^^^^^^^^^ ^^ :,r"K'rS"n.anaecj^.sofM„„. uUer this Act may be ■'P»'<'" °^' i'^'^V^^^ of this Act ; ■ pwidcl by the Hfty-nmth '""""Ten aieTed twonty-flve Li if the l.m.l» are f"™''..*'' '"? M™<,in.- to residents, the per centum higher than »•"" Yh;^* ^''""li ,°n snch excess to be struck ott; and, m an su.i, , ^^^^^ ^^.^ subdivided into park, '^'^^^^I'^'^Zl ^'eM^ owned by the same person orvem2^^\ assessment, shall be charged only.upon ^he aggv^g«te o ^^ ^^„ii ^, sectioAsofthisAct. 32 V. c. 30, s. 64. EQUALIZATION OF ASSESSMENTS. Att T1.P Council of every County shall, yearly, before impos- fSSST i„gtiy'an?tr.l:and f cept - ^0^1 "^Z 'j^y", ^,::L3" toi .«"<> "y;-^ ™Urjf ftelfltnt'row„s.?ips Towis cOTLcil., and examuie tlie asMs^smeiii lu. nrecedina financial year. ,™ ..>,.t ,.w. „„j vi„„ge, in the C"™ yiJ:UeZrthe "Snation ma.ie by ■"•■ for the purpose of "»""''^'"'°f„\7;„ „r Villagefov the current *° ^rrriXel^^lSThe vacation sotuade in all such CnSr^rns-ld Vi„a«e. »nd ;W, -JtCtE ff S"lPo:,"al7;:t; in tn; T„.nt^i,.r Town or Vilhrge, Lots subdi- vided not to affect rolls revised and corrected. 4k^ [Title XII. the like Court, tertion. among the different Townships, Towns and Villao-es within the «»''"' "f oi County, shall, in order that the same may be assessed equally t<^be*bi,ed' on the whole rateable property of the County, make the amount of property returned on the assessment rolls of such Town- ships, Towns and Villages, or reported by the valuators as finally revised and equalized for the preceding year, the basis upon which the apportionment is made. 32 V. c. 36, s. 74. ra. Where a new Municipality is erected within a County. Case of „ew so that there are no assessment or valuators' rolls of the new «>""'iii>ali Municipality for the next preceding year, the County Council **^'' shall, by examining the rolls of the former Municipality oi conn- )W "r!^s:^icssw«,'se8asi«as»*-!^ss^SK*«»e!S&*sa»S!is.m»'ir'^ 'r * .vj,v.:- r»ai«s«ir^ %?i5S5Bi;.»«.",— s'->»Tt^-,-." r- -sss-^TT!" I' m 86U Chap. IHO. MUNICIPAL MATTERS. [TiTI-E XII. Municipalitios of which U. !^Z^^^^^^^^^ ascertain, to the bent ot \^«'\J"tf '^^ Ji£ ^ rohttion to Hcssinent of the MV'""''"'*!^^ T. n^ rsfid c..nt.nuc to l»e ac- the n.w Municipahty ana what pai^^^^^^^ J '^mlcipality. .md tween them accordingly. 32 V. c. dO, s. /o. C'lmnty coun- cila to iiiUMir- tlon KUIUH re- quired for county pur- P08U8. r3. Where a ^m is to bo »?vied Joj^^y^ P^^ , County for the P"'Pf «« »* '7'\' ^'^ ^ [aw j .^^ ^^"'^ I"''" the Covfnty Hhall ascertain and yby-law^^^^^^^ ^^^^1 ^^ 73 the County tor tne P"^'""?-' "'"['■" "V"j^^ ji,.;,et what por- ViUage in such County or locahty. 32 V. c, dO, debentures. l.crtlly ,ix the County ClMk »h» , w , J, i^i |,jy Collector's roll for that year. 32 V. c JO, s. / /• .. „ot to .. T«. Nothing in t^i^^ -t^ds^^ ^ ji ri;:;:St feet ,.roviH.on« ^^^y „,,ecial provisions for the « V^«^^^^^^^ ^^e contained in K:^::.t Co'unly debentures, "^^^ ^^^'^ZZ^^- "till in force in on county any Municipal (Corporations Act ner^'.o ^ ji^j^^ed Munici- '* ' STATUTE LAIJOUB. r«. No person in H.- Maje,^/- S'b:^iSK .Si™ on full pay, or on actual ^^^J^'^^' J"?^^^ . ^^^^. .^all any nou- statute labour or to ^^ni^^^f^^.^^f^^^^f^^teer Force, certified commissioned officer «r l>nvate of the Volunt^e^^ ^^^,^^ ^^^^^ l.y the officer -"""^"^"1% beTngCe^^^^^^ teer belongs o^' ^^^^^^'X "' tipW to any volunteer who is this last exemption shall not apply to ^^. „ ,^,^p,,^ r^ssessed for property. 40 J c fvs « u.)^ in certain cases. See Rev. Stat. c. 17S. s. 0.; TT Fverv other male inhabitant of a City, Town or Village Certain penons in military ser- vice I'xenipt. Who liable, [Title XII, leii formed i»Krt, part of the '"*- md relation to [itinue to Iks ac- micipHlity, and apiiortioned l^- purpoHOH, or by lity, the Councd iirect what por- 'nship, Town or }, H. 70. (T-four and forty- fteentli day of ich Municipality on HO directed to for County pui- ; and the Clerk the same in the 7. Iter or invalidate Lte for interest on are contained in ir Mtill in force in tsolidated Munici- ineral or special in any by-law of f the same. 32 V. • Military Service liable to perform n- shall any nou- ;eer Force, certified which such volun- jnt volunteer ; but volunteer who is (Firemen exempted y, Town or Village s, and under sixty 1 by law from per- assessed upon the or whose taxes do of such labour, be evied and collected lanner as the Coun- TlTLE XJI.] ASSKS8MKNT OK PKOI'KRTY. Chap, 180. 261 cil uftho iMunitiipality may, by by-law, di root, and such in- hal)itant shall not be rofiuircd to have any property (lualiHoa- tion. 82 V. c. .•!(), ,s. Hi). J i ^ J l 7H. No person shall be exempt fronj the tax in the Inst pre- Whm- to he cccliiijT ,section named, unless he pioducos a ccrtifieato of hi'j l'"ff"nii«'wn.liii)«. Town.ship, and no Council .shall have any power to reduce the statute labour recjuired under this section. 'M V. c. 30, s, 82. 80. Every |)er,son a.s.se.ssed upon the a,s.sessmont roll of a Ratio of ser- Township shall, if his property is a,s,sessed at not moi v tlian three if"'' .'" *="*•' hundred dollars, be liable to two days' statute labour; at LS'."* more than three hundred dollars, but not more than five hundred dollars, three days ; at more than five hundred dollars, bjit not more than seven hundred dollars, four day.s ; jit more than seven hundred dollars, but not more than nine liundred dollars, five days; and for every three hundred dollar,^ over nine hundred dollars or any fractional part thereof over one hundred and fifty dollars, one additional day ; but the Council ( Vmiuil may of any Township, by a by-law operating generally and rateably, r^''l''<:'' <"• may reduce or increase the number of days' laboiir to which numW,)f all the parties, rated on the a.sse.s.sment roll or otherwise, sluill iV'>'* I'l^''^"'- be respectively liable, so that the number of days' labour to ^'''''^^'''y- which each person is liable shall be in ])roportion to the amount at which he is assessed. 32 V. o. 30, s. 83 (1). 2. In Townships where farm lots have been subdivided into Lots sub- park or village lots, and the owneis are not resident, and have f.lti'^^f "*''"'' not required their names to be entered on the assessment roll, " "' " '^' the statute labour shall be commuted by the Township Clerk, in making out the list required under the ninetieth secMon of this Act, where such lots are under the value of two hundred dollars, to a rate not exceeding one half per centum on the valuation; but the Council may direct a less rate to be imposed by a general by-law affecting such village lots. 32 V. c. 36, s. 83 (2). 81. The Council of any Township may, by by-law, direct Commutation that a sum not exceeding one dollar a day shall be paid as com- may be ntfl mutation of statute labour, in which case the commutation tax ^""^ ' "^' shall be added in a separate column in the Collector's roll, and shall be collected and accounted for like other t+ixes. []2 V. c. 30, s. 84 ; 34 V. c. 28, s. 2 ; 40 V. c. 7, Sched. A (188). MimU'H'AL MATTKRH. [Title XII. «., Any l-i.M"r.i«T'il,'K.l:r"=:^ rajTUMit of tax in li«u of statute labour niay be on- fon^eil by dut- treRH or im- jiriHonment. 262 Chap, 180. (;o„,m«tatlon H* Any local »l"IV'''M»"^^''"'';;'' .;:;"•',• ,.{'i«,,,,;y com.mite mayWtixe.1 fo,. that purpose, tix the rate at which 1"""^\'''\^, ,..,,,,. ^-.^ fctaiiymiii. t...t I"' ?"";'» ,, . ,^„y (^„,„ not oxcoedin),' oruMlolla lor McJainK»l. their statute laboui, at any shall apply e(iually to in ro«lin)|)orty. 32 V. «. .«>, a .>o. 89 \Vl,cre no su,:li by-law hn» toon |M»«>.l,tho«tatutcli.l)<>"r S« Kv..rv farnu'r's son rated and entercl as such on the l^ul^therefor. as' if he were not so rated and assessed. 40 V. c. y, s. 7 ; c. 10. s. 5 (-2). H.% Anv person liable to pay the sum named in the seventy- sooner paid. 9 Anv uerson liable to perform statute labour under 2. Any person "»^" i , . . , ^^ commuted, shall the seventy-nmth section ot tins Act n i p„thmaster or r'y be cor„itSd U, the Common G«,l of «- Cou»ty and *«e [Title XII. l»y-law jMiHwetl nay cointiUJte oru) dollar 1"'>r »ply ctiually ti) . iiou-reHidents Htatuto lal)our Iciits, shall be 1 labour. 32 V k (1H9). as Huch on tht! not otherwist' labour or coni- tsHussod. ^O V. in the scventy- ionunuted under Hauie to the Col- in two days after I case of neglect evy the same by vith costs of the imnd, then upon ice of the County refusal or neglect icient distress, he and, in default of stice shall order, le County, and be Lceeding ten days, of the warrant of ■rson to gaol are ite labour under , commuted, shall the PathTuaster or r the purpose; and, (1 such labour after lame, shall incur a conviction thereof Justice shall order !ution and distress, roods and chattels, 'ess, such offender \e County and there ing ten days, unless lie warrant of com- TlTLK XII.] ASSESSMKNT OF I'HOPKUTV. C^hap. 180. 26tf mitment and of eo?»veying the said person to gaol are sooner paid. 3. All sums and penalties, other than costs, rocovert'r by the by-law imposing it, to be kept .hstuict and 'vcccm^ted for separately; and every such last-montioned ^^^.f^^ ^e calculated separately, and the column therefor headed /i^eciat tTe""Lo7al Rati'' " PnhUe School Rate," "Separate School Rate" or " Special Rate for School Debts," as the case may be. 32 v! c. :i6. s. 90 ; 40 V. c. 10, s. 13 (2, 4 h) Provincial 89. Ail moneys assessed, levied and collected under any Act FrBto be by which thesamearemade payable to the Treasurer of this Pro- aBsesHed and ^ j yj ftj^er for the public uses of the Frovince, :lf— r oX' any V'-ial purpose or use i lentioned in the Act, shall be as local ratcB. .^g^gssed levied and collected in the same manner as local rates', and shall be similarly calculate.; upon the assessments rus tinally revised, and shall be entered in the Collectoi>^ roll, m separate columns, in the heading whereof shall be designated the purpose of the rate; and the Clerk shall deliver the roll certified under his han.^, to the Collector, on or before the fiist day of October, or such other day as may be prescribed by a by-law of the local Municipality. 32 V. c. 36, s. 91. OO TVip CJprk of everv local Municipality shall also make ^!^T' ou??-rdl in vhich he sLll enter the lands'of non-residents landB of non- j^ ^ave not been set down in the Assessor s roll, to- XlrnLes gether with the value of every lot, part of lot or parcel a« as- not in aBscBB- ^g^t^ined after the revision of the rolls ; and he shall enter op- .entroUB,etc. cerm^ ^^ ^^^^ ^^^ ^^ ^^^.^^^^ ^^j ^j^^ ^^^^es or taxes with which the same is chargeable, in the same manner as is prov.ued tor the entry of rate's and taxes upon the Collector s roll, and shall transmit the roll so made out, certified under his hand, to the Treasurer of the County in which his Municipality is situate, or to the Treasurer of the City or Town as the case may be, on or before the first day of November. 32 V. c. 36, s. 92 ; 40 V. c. 7, Sc/icd A (190). COIXECTOBS AND THEIR DUTIES. DutieB of col- »1. The Collector, upon receiving his collection roll, sh^'I prO" lectora. ceed to collect the taxes therein mentioned. 61 V. c. dO, s. ya. To demand 93. He shall call at least once on the person taxed, or at the payment of place of his usual residence or domicile, or place of business il ""*"'• within the local Municipality in and for which such Collector has been appointed, and shall demand payment ot the taxes [Title XII. to be headed %te" or " City ch the person be levied by arposes there- and in other irest ui>on de- rate (/I other ay law, )T by ind accounted rat^t shall be aded " Special kparate School le case may be. under any Act irerof thisPro- )f the Province, he Act, shall be anner as local assessments as lectors' roUi- in II bo designated leliver the roll, before the iirst prescribed by a 91. shall also make )f non-residents ssessor's roll, to- or parcel, as as- 1 shall enter op- ixes with which is provided for 's roll, and shall his hand, to the pality is situate, ) case may be, on 36, s. 92 ; 40 V. on roll, shall pro- 32 V. c. 30, s. 93. a taxed, or at the ice of business, if sh such Collector lent of the taxes Title XII.] ASSESSMENT OF PROPERTY. Chap. 180. 265 payable by such person, and shall, at the time of such demand, enter the date thereof on his collection roll opposite the name of the person taxed ; and such entry shall be prima facie evi- dence of such demand. 32 V. c. 36, s. 94. 93. Incase any person neglects to pay his taxes for fourteen When pay- days after such demand as aforesaid, the Collector may, by m^ie,'collec- himself or by his agent, levy the same with costs, by distress tors to levy of the goods and chattels of the person who ought to nay the treH*ana^8rie! same, (m- of any goods or chattels in his possession, wherever the same may be found within the County in which the local Municipality lies, or of any goods or chattels found on the pre- mises, the property of, or in the possession of, any other oc- cupant of the premises; and the costs chargeable shall bo those payable to bailiffs under " The Division Courts Act!' c. 30, s. 95. •IQ V Rev. Stat. *** • c. 47. 94, If any person whose name appears on the roll is not Proceedinga ia resident within the Munisipality, the Collector shall transmit to rMfdent"?" him by post, addressed in accordance with the notice given by such non-resident, if notice has been given, a statement and demand of the taxes charged against him in the roll, and shall at the time of such transmission enter the date thereof on the roll opposite the name of such person ; and such entry shall he prima facie evidence of such transmission and of the time thereof 32 V. c 30, s. 96. 9t5. In case of the land of non-residents, who have required When Collec- their names to be entered on the roll, the Collector, after one traiiTfor rates month from the date of the delivery of the roll to him, and on non-resi- after fourteen days from the time such demand as aforesaid has been so transmitted by post, may make distress of any goods and chattels which he may find upon the land ; and no claim of property, lien or privilege shall be available to prevent the sale, or the payment of the taxes and costs out of the pro- ceeds thereof. 32 V. c. 30, s. 97. 96. The Collector shall, by advertisement posted up in at Public notice leasv three public places in the Township, Village or Ward ^ven,^^dYn wherein the sale of the goods and chattels distrained is to be what manner, made, give at least six days' public notice of the time and place of such sale, and of the name of the person whose propeity is to be sold ; and, at the time named in the notice, the Collector or his agent shall sell at public auction the goods and chattels distrained, or so much thereof as may be necessary. 32 V. c. 36, s. 98. . If the property distrained L,is been sold for more than Surplus, if mount of the taxes and costs, and if no claim to the sur- be^il^d'to' to 97 the amount plus is made by any other person, on the ground that the pro- party hi whose perty sold belonged to l.im, or that he was entitled by lien or p°qj®/^°^ ^}^^ other right to the surplus, such surplus shall be returned to the j»^?»8^'*s?^T'*rr-^-4!e- cinalitv in which case the production oi a copy ot so mucn oi rCoUector's roll as relates to the taxes payable by ^-^^P^^ son purporting to be certified as a true copy by the ^^^^^l tile Q Municipality, shall be pHma facce evidence of the debt. 32 V. c. 36, s. 102. 101. On or before the fourteenth day of December in every vear or on such day in the next year not later than the tirst Febnw Tthe Council of the' Municipality may appoint every Collector shall return his roll to the Treasurer, and shaU mv over he amount payable to such Treasurer, specifying m ^^Teparl c^Cn on L'roU how much of the -hole anjount paid over is on account of each separate rate ; and shall inake S bc?ore the Treasurer that the date of ^be demand of Pay- ment and transmission of statement and demand of taxes, re qui^ d by sections ninety-two and ninety-four in each case-^^s been truly stated by him in the roll. 32 V. c. 36, s. lOd , 33 \ . c. 27, s. 7. 1A3 In case the Collector fails or omits to collect the taxes or !^- portioTthereof by the day appointed or to be JPO- «d Z in the last preceding section mentioned, the Council ot the Citv Town V^ lage or^ownship may, by resolution, authorize S?ColSr,or sLe other person in his ^te^^. ^^ -— ^^^ levy and collection of the unpaid taxes, in the nianner ana with the powers provided by law for the general levy and col- lection of taxes. 9 No such resolution or authority shall alter or affect ihe du?v of the Collector to return his roll, or « n any mamier whLoever, invalidate or otherwise affect the liability of the Collector or his sureties. 32 V. c. 36, s. 104. T. ^-.cr. I03 If anv of the taxes mentioned in the Collector's roll S£re^re,.,S unS and the Collector is not able to collec the =^TL- saThe sh'aU deliver to tbe Treasurer of h.M^^^^^^^ lected. account of all the taxes remaining due on the roU , ana, in sucu Collector to return his roll and pay over proceeds by the day to be ai)])(iinted by Council. other persona may be em- ployed to col- lect taxes which Collec- tor does not collect by a certain day. [Title XII. I the distress n for whose is admitted, , 36, s. 100. »ney shall be local Muni- ective rights law or other- i be recovered J may be re- le local Muni- ,f so much of I by such per- the Clerk of idence of the mber in every than the first may appoint, urer, and shall , specifying in whole amount nd shall make emand of pay- l of taxes, re- n each case, has 6,8.103; 33 V. oUect the taxes to be appointed Council of the iition, authorize to continue the le manner and a.1 levy and col- [ter or affect the ,, in any manner liability of the s Collector's roll e to collect the Municipality an oil ; and, in such Title XII.] ASSESSMENT OF PROPERTY. Chap. 180. 267 the When thus not col- account, the Collector shall show, opposite to each a-ssessment, the reason why he could not collect the same by insertmg m each case the words " Non-Beaident " or "Not 8uffixtent pro- perty to distrain" or " Instructed by Couiicil not to collect, as the case may be. 32 V. c. 36, s. 105 ; 40 V. c. 7,Sched. A. (IS)!). 104. Upon making oath before the Treasurer that ^^^^^^^ ^^^ sums mentioned in .such account remam unpaid, and tl.at ne ^^.^ion to Imj has not,upon diligent inquiry, been able to discover sufficient cmmecl with goods or chattels belonging to or in possession of the persons charged with or liable to pay such sums, or on the premises belonging to or in the possession of any occupant thereof, whereon he could levy the same, or any part thereof, the (Col- lector shall be credited with the amount not realized. 32 V ^ 36, s. 106. c. 105. The taxes accrued on any land .shall be a special hen JaxeH tobe^a on such land, having preference over any claim, lien, privilege or incumbrance of any party except the Crown, and shall not require registration to preserve it. 32 V. c. 36, s. 107. YEARLY LISTS OF LANDS GRANTED i^Y THE CROWN. 106. The Commissioner of Crown Lands shall, in the montli AnnuaUUtH^of of February in every year, transmit to the Trea.surer of every ^^^^ ^,^^ {„,! County a list of all the land within the County located as fice ^^hea.^^^^.^^ grants, sold or agreed to be sold by the Ci-own, or leased, or in ^^ ^^^^ respect of which a license of occupation issued during tlie Lands, preceding year. 32 V. c. 36, s. 108 See aho Rev. Stat. c. 23, s. 36. lOr. The County Treasurer shall furnish to the Clerk "fCou^^y*^: each local Municipality in the County a copy of the said lists, ^j^jj j.„„ies of so far as regards lands in such Municipality, and such Clerk «f ;;^^\<;lf]^« shall furnish the Assessors respectively with a statement showing ,;yp^ what lands in the said annual list are liable to assessment within such Assessor's assessment district. 32 V. c. 36, s. 109. AUREARS OF TAXES. Duties of Treasurers, Clerks and Assessors im, relation thereto. 108. The Treasurer of every County shall furnish to *^® ^^"^^^*y ^j^^^^*" Clerk of each Municipality, except Cities and Towns, in the ^"'h bcal"'" County, and the Treasurer of every City and Town shall fur- clerkB with nish to the Clerk of his Municipahty, a list of all the lands in }^«*:fy^*"„^„ his Municipahty in respect of which any taxes have been in arrears for arrear for the three years next preceding the first day of January *»"««• in any year ; and the said list shall be so furnished on or before the first day of February in every year, and shall be headed in the words following : " List of lands liable to be sold for ar- i I 2m Chap. 180. MUNICIPAL MATTERS. [Title XII. Local clerks to keep the lists in their ofiices open to inspection, give copies to assessors, noti' fy occupants, etc. "rears of taxes in the year one thousand eight hundred and ;" and, for the purposes of this Act, the taxes for the first year of the three which have expired under the provisions of this Act, on any land to be sold for taxes, shall be deemed to have been due for three years, although the same may not have been placed upon a Collector's roll until some month m the year later than the month of January. 32 V. c. 36, s. 110 ; 40 V. c. 7, Bched. A (192). 10». The Clerk of the Municipality is hereby required to keep the said list, so furnished by the Treasurer, on tile in his office, subject to the inspection of any person requiring to see the same, and he shall also deliver to the Assessor or Assessors of the Municipality, in each year, as soon as such Assessor or Assessors areappointe^d,a copy of such list ; and it shall be the duty of the Assessor or Assessors to ascertain if any of the lots or parcels of land containsd in such list are occupied, or ; re incorrectly de- scribed, and to liOtify such occupants and also the owners there- of, if known whether resident within the Municipality or not, upon their respective assessment notices, tha '^ the land is liable to be sold for arrears of taxes, and entpv in a column (to be reserved for the purpose) the words " Occupied and Parties Xo- tifie.d" or " Not Occupied" as the case may be ; and all such lists shall be signed by the Assessor or Assessors and returned to the Clerk with the assessment roll, together with a memoran- dum of any error discovered therein, and the Clerk shall tile the same in his office for public use ; and every such list, or copy thereof, shall be received in any Court as evidence in any csise arising concerning the assessment of such lands. 32 V. c. 36, s. Ill ; 33 V. c. 27, s. 9 ; 40 V. c. 7 Sched. A (193). And see post, s. 185. Assessor's cer- HO. The Assessors shall attach to each such list a, certificate tificate. signed by them, and verified by oath or affirmation, in the form following : — " I do certify that I have examined all the lots in this list named ; and that I have entered the names of all occupants thereon, as well as the names of the owners thereof, when known; and that all the entries relative to each lot are true and correct, to the best of my knowledge and ^^^'^^" 82 V. c. y6, S. 112. local clerks **'• ^'^^ ^^^^^ "^ ®*^^^ Municipality shall examine the t^°certifyland8 assessment roll when returned by the Assessor, and ascer- whichhavebe- ^^^^^ whether any lot embraced in the said list last received comeoccupie.1. ^^^ ^.^^ ^^^^ ^^^ Treasurer pursuant to the one hundred and eighth section, is entered upon the roll of the year as then occupied, or is incorrectly described ; and shall forthwith fur- nish to the said Treasurer a list of the several parcels of land which appear on the resident roll as having become occupied, or which have been returned by the Assessor as incorrectly describeS,'VAi?4a;ii^!(S^»4jS«»*: -:■ 270 Chap. 180. MUNICIPAL MATTERS. [Title XII. Penalty on UlerkH and AHHuHHors ne- glecting (lutieH wndcr preced- ing sections. withstanding that the same may bo ««*'"P"^V".i T^. „ n be such sale takes nhice ; and such «"-«ars shall m^ a^am be placed upon the Collector's roll for collection. 32 V. c dO. 8. no. IIS If the Clerk of any Municipality neglects to presorve the said list of lands in arrears for taxes, furnished to h. J" by the Treasurer, in pursuance to the one hun.lred and eighth .sec- tion or to furnish copies of such lists, as retpured, to the Assessor o" Assessors, or neglects to return to the T-asurer a o^iv^^^^ list of the lands which have come to be occupied, as requi ed bv the one hundred and eleventh section of this Act and a statement of the balance, which rem.un uncollected on any sucii lots, as recpiired by the one hundred ^^^^"^'^^^^^^2 of this Act ; or if any Assessor or Assessors neglect to examine su( li knds Ls are enLred on each such list, and make re urns manner hereinbefore directed, every officer ™f >"gj;h de^ fault shall, on summary conviction thereof J>f f^^e/ny two Justices of the Peace having jurisdiction in the County in ^h^dx :ch Municipality is situated be liable to the penal les imposed by sections one hundred and eighty "»",«> ^!'%^""*^;?V"e8 ninety and one hundred and ninety-one of this Act ; all hues "" m^,:sed shall be recoverable by distress and sale of any goods an<1 chattels of the party making default. 32 V. c. Sb, s. 11/ , 40 V. c. 7, Sched. A (19G). 116 After the Collector's roll has been returned to the Tie usurefof a Township or Village, and before such Treasurer hSnished the statenlent to the County Treasurer -n^^ in section one hundred and thirteen, arrears of taxes ma> be p" id to such local Treasurer ; but after the said statement has been referred to the County Treasurer, no more money on a >unt ;>f the arrears then du'e shall be received by any ofhcer of the Municipality to which the roll relates. 32 \ . c 6Q, s. US. After .state- 2. The collection of the arrears shall thenceforth ^^^^^^^^^^ ment un.ler .. Treasurer of the County alone, and he shall receive pa> ment ^^l/"- d-i ariws. and of alllaxes on lands ^^^^^^^^ urrearHtobe- ],,> ^hall ffive a receipt therefor specifying the ""o^'^t Paul, lor ^^^r'' wh:i period, the deLiption of the lot c. pW cd hui4 -^^ only. date of payment, in accordance with the FOVL^ions ot sect on one hundred and eighty-six of this Act. 32 V. c. db, s. 119 (1). Municipalities 1 1 7. Any local Municipality may, by hy-l'^;^. ^emit, ^^^^^^^ may remit .. -„i,„u or ill part, any taxes now due or to become dut up- r:il^X-. ^t]:^ t<^ of .L-;esiints within -h M.n cipah y^pm- landH. r -o- the particular lands upon which the remission is made , an im on\he passing of such by-law, it shall l.e the duty of the Clerk fortlnvith to transmit a copy of the by-law to the Treiurer or other officer having the collection of such arrears whTshaU then collect only so much of said taxes a. are not remitted. 32 V. c. 30, s. 119 (2). How to be levied. After retnm of roll who to receive taxes. [Title XII. the year when not aj^'aiu be 32 V. e. 3C. a its to preHorve ,ed to liim by md eighth .see- to the Ass.,ssor urer a correct ed, as- required [lis Act, and a lected on any twelfth section ect to examine . make returns laking such de- jfore any two ounty in which nalties imposed 3 hundred and Act ; all tines le of any goods V. c. 36, s. 117; eturned to the such Treasurer urer, mentioned f taxes may be 1 statement has nore money on cl by any officer 3. 32 V. c. 36, (forth belong to receive payment n-residents, and imount paid, for of land, and the isions of section , c. 36, s. 119 (1). ', remit, either in become due up- nicipality, speci- nissiou is made ; 1 be the duty of le by-law to the I of such arrears, taxes a? are not Title XII.] assessment of pbopeuty. Clmp. ISO. 271 IIH. The Treasurer shall not receive any part of the ti.x ^J^J'^^^^'^^"^,'; ^ charged against any parcel of land unless the whole of the arrears ^^^^j,, ,^^ „„j,„^ then due is paid, or satisfactory proof is produced of the j.re- jUll;;-^*!;;;^ vious payment, or ernmeous charge of any portion there. )t i,;^,;,,^^, but if satisfactory proof is adduced to him that any parcel nt laiul on which taxes are due has been subdivided, he may re- ceive the jiroitortionate amount of tax chargeable upon any yf the subdivisions, and leave the other subdivisions chargeable with the remainder ; and the Tieasurer may, in his books, divide any inece or parcel of land which has been returned to him in arrear for taxes, into as many parts a.s the necessities of the case may require. 32 V. c. 36, s. 120. 119 The Treasurer shall, on demand, give to the owner of if dcmaml.Kl, any land charged w tb arrears ot taxes, a written statement ot ^^j^,. „ .viitten the arrears at that date, and he may charge twenty cents for Htateiueiit of the scfirch on each separate lot or parcel not exceeding four, a"'"""- and, for every addititmal ten lots, a further fee of twenty cents ; but'the Treasurer shall not make any charge for search to any person who forthwith pays the taxes. 32 V. c. 36, s. 121. 130 The Trciisurer of every County shall keep a s'jparate LamlHon book for each Township and Village, in which he shall enter all ^I'.^JaSri^ the lands in the Municipality on which it appears from the entwdincer- returns made to him by the Clerk and from the Collector's roll }^^^Zr-^ returned to him, that there are any taxes unpaid, and the amounts so due ; and he shall, on the first day of May in every year, complete and balance his books by entering against every parcel of land, the arrears, if any, due at the last settlement, and the taxes of the preceding year which remain unpaid, and he shall ascertain and enter therein the total amount ot arrears, if any, chargeable upon the land at that date. 32 V. c. 3(>, s. 122. 131 If, at the yearly settlement to be made on the fir.stda>' of May, it appears to the Treasurer that any land liable to assessment has not been assessed, he shall rei)ort the same to the Clerk of the Municipality ; thereupon, or if it comes to the knowledge of the Clerk in any other manner that such land "has not been assessed, the Clerk shall, under the direc- tion of the Council, enter such land on the Collectors roll next j)repared by him thereafter, or on the roll ot non-resi- dents, as the case may be, a,s well for the arrears omitted of the year preceding only, if any, as for the tax of the cur- rent year; and the valuation of such land so entered shall be the average valuation of the three previous years, if assessed for the said three years, but if not so assessed, the Clerk shall require the Assessor or Assessors for the current year to valu(^ such lands; and it shall be the duty of the Assessor or Asses- sors to value such lands when required, and certify the valuation in writino- to the Clerk : and the owners of such lands shall have the right to appeal to the Council at its next or some Proceedings where anyland is found not to liave been as- segsed in any year. How land to be valued. Appeal from valuation. ^'^'Vt^^i^t :.-c^-mf^^i>~' 272 Chap. 180. MUNICIPAL MATTERS. [Title XII. i Treasurer to correct errors. As to [iretend ed receipts, etc. subsequent meeting after the taxes thereon have been de- manded, but within fourteen day.s after such demand, which demand shall be made before the tenth day of November ; and the Council .shall hear and determine such appeal on some day not later than the first day of December. 32 V. c. iJU, s. 123 ; 40 V. c. 7, Sclied. A (197). 199. The County Treasurer may correct any clerical erior which he himself di.scovei-s, from time to time, or which may be certified to him by the Clerk of any Municipality. 32 V. c. 36, 8. 124 (1). 133. If any person produces to the Treasurer, as evidence of payment of any tax, any paper purj)orting to bo a receipt of a Collector, School Trustee, or other municipal officer, he shall not be bound to accept the same until he has received a report from the Clerk of the Municipality interested, certifying the correctness thereof, or until he is otherwise .satisfiod that such tax has been paid. 32 V.c. 36,s. 124 (2). Ten per cent. 194. If, at the balance to be made on the first day of May to be added to j„ ©very year, it appears that there are any arrears due upon itfrears yearly. ^^^^ ^^^_^^^ ^^^ j^^^j^ ^j^^ Treasurer shall add to the whole amount then due ten per centum thereon. 32 V. c. 36, s. 125. When there is l^W. Wherever the C!ounty Treasurer is satisfied that there distress upon is distress upon any lands of non-residents in arrear for taxes mMentB"°°" in a- Township or Village Municipality, he may issue a warrant Treasurer may under his hand and seal to the Collector of such Municipality, fectorto'le"^ who shall thereby be authorised to levy the amount due, upon 60 r o evy. ^^^ goods and chattels found upon the land, in the same man- ner, and subject to the same provisions, as are contained in the sections ninety three to section ninety-nine inclusive of this Act, with respect to distresses made by Collectors. 32 V. c. 36, s. 126 ; 40 V. c. 7, Sched. A. (198). From what '**• Unpatented land vested in or held by Her Majesty period unpa- which may be hereafter sold, or agreed to be sold, to any pereon, KbiiraMe f"" which may be located as a free grant, shall be liable totaxa- totoxation. *' tion from the date of such sale or grant ; and any such land which has been already sold, or agreed to be sold, to any person, or has been located as a free grant, prior to the first day of January, one thousand eight hundred and sixty- three, shall be held to have been liable to taxation since the first day of Janu- ary, one thousand eight hundred and sixty-three ; and all such lands shall be liable to taxation thenceforward under this Act, in the same way as other land, whether any license of occupation, location ticket, certificate of sale, or receipt for money paid on ^uch sale, has or has not been, or is or is not issued, and, in case of sale, or agreement for sale by the Crown, whether any pay- ment has or has not been, or is or is not made thereon, and whether any part of the purchase money is or is not over- [Title XII. live been de- einand, which ovember ; and I on some day . c. 30, s. 123 ; clerical eri'or or which may lity. 32 V. c. as evidence of a receipt of a fficer, he shall eived a report certifying the Rod that such 3t day of May ears due upon whole amount 125. Red that there rear for taxes isue a warrant Municipality, unt due, upon ;he same man- ntained in the ilusive of this i. 32 V. c. 3(j, Her Ma,jesty to any pereon, ! liable to taxa- my such land to any person, he first day of three, shall be t day of Janu- ; and all such ier tins Act, in of occupation, uoney paid on d, and, in case ither any pay- B thereon, and r is not over- TlTLK XIl] ASSKSHMKNT «»F VUOPKIITV. Chap. ISO. 273 due and unpaid ; but sucli taxation shall not in any way atibct Ki«hUc>f the the riirhts of Her MHie.>ity in such lands. 32 V. c. 3ti, s. 127. •'"'^" '*""*• Majesty ^ALK OK LANDS FOR TAXKS. 197. Wherever a portion of the tax on any land has been when landn to due for and in the third year, or for UKjre than thruu years pre- 1'^'^'*^^''' ''"■ ceding the current year, the Treasurer of the (Jounty shall, un- less otherwise directed by a by-law of the County Council, sub- mit to the Warden (if such County a list in duplicate of all the lands liable under the provisions of this Act to be sold for taxes, Arrenra due with the amount of arrears against each lot set oi)posite to the ['"•three y^am , . ,,, , , 11 ^ ,1 ,• . 1 i' 1 !• 1 \ to l)e levieil liv same, and the Warden shall autiiuuticatoeacli ot such lists oy v^,n„,i,it■. \t 2M Clini., 1H(I. MINH'IIAI. MATrKI{,K, [TlTIK XII. Union uf ( •om.tirs, in .... I, ( '...inty of tlu- Tnion, if thrn; !..• ...,.• ,,nl,li.h...l in .-•..l. ( '..unt V, an.l if n..t,in«uc-l. CV.unt.v ...« .urn ...s ,ftl... Uni..n in wlu.'!. a n..ws,,a,... .^ ,.ul.l.> m-.I, ..r. .t n mo S-, puUislHMl. in s,.nK. ..tluT n..w.s,.;Mu.r pnl-hslK-l ... s...n.' ml- joi. in- (^.untv. 'i2 V. c. 3(5, s. IM ; :i3 V. e. 27,«. 1 1. Vr,......,li„K'H 2. Wl.cMTU J.n.i...' ('<">nt.v is sepa.akMl |V..n. a Vuwuoi will I' liii"!" "> Con..tii.H aite nrii'ui fur taxfsiii.liiiiiiir Ciiiiiitv <" \aration had not taken place. 6'Z \ . c. .it>, s. lo^ i,^;- XT »• » 1.P 139. The advertisement shall contain a notification, that S::;n„*"H«ch J^[^,, arrears «..d costs are sooner paid, the Tre«su,-e,- wdl avertiHement. ^^.^i <.„ HgU tlie lands foi" the taxes, o.i a day and at a place named in the advctisement. 32 V. c. 30, s. 133. i:t3. The day of sale shall be nioi-e than ninety-one days after the first publication of the list. 32 V. e. 3G, s. 134. Notice to be 134. The Treasurer shall also post a notice similar to the Sedu,. said advertise.nent, in some convenient and public place^at the Court-House of the County, at least three weeks before the t.me of sale. 32 V. c. 30, s. 135. 135 The Treasurer shall, in each case, add to the aiTears published his commission and the costs of publication. 32 \ . c. 36, 8. 130. 130 If at any time appointed for the sale of the lands, no bidders appear, the Treasurer may adjourn the sale from time to time. 32 V. c. 36, s. 137. Modein which 131. If the taxes have not been previously collected, or if no fh^tidBsh'll person appears to pay the same at the time and place appointed be Bold by the f ^ » J ^^, Treasurer shall sell by public auction so much Treasurer. tOV tjie ^^^^ ^^ .^ ^^^^.^^^ ^^ ^.^^^^^.^^ ^^^ ^ ^^ lawful charges incurred in and about the sale and tlie collection of the taxes, selling in ])reference such part as he may consider best for the owner to sell tirst ; and, in offering or selling such lands, it shall not be necessary to describe particularlv tlie por- tion of the lot ^vhioh is to be sol.l, but it shall be sufficient to Expenses added to arrears. Adjoumint,' sale, if no bidders. [TiTl.K XII. Trri,K XI 1,1 ASSKSSMKNT Ol" r'l|( '^KHTY. ('Imp. IHO. '27: f tllflf I"' "II' tyui('iuiiili«.H i"»r, if iii'in' 1»' I in soiiH' itd- V 11. 1 a I'liioli <'t' ii,uifr of tilt" •ut HUcll \..ui\s iisiircr of the leiLsiiitT slmll list of all thi' •It'll !• fof tiixeh, noftlif.luiiior ill tlie jtroiiH'il- , Act, fan tukf for tnxt '^ ; hut, )Con advertised nch Keparatioii, e same inanner ^ 30, H. 132 (2). )tification, that • Treasurer will ' and at a \)hice ninety-one days JO, s. 134. e similar to the blic phice at thn ■i before the time 1 to the arrears )lication. 32 V. of the lands, no e sale from time collected, or if no i place appointed auction so much le taxes and all and tlve collection he may consider ig or selling such ticularly the ])or- dl be sufficient to Wlhii V.rinW iif tii\i l^inl aiii"'Uit .say Miat In- will sell so niui-h of tlio lot a< uiiy hi" iii'ci'i^ary to st'ciiic tilt' payment c'f tilt' taxes due : iiiicl ti. ;in»oinit .it' taX"H stiiteil in till' 'i'reasureis advei tisenieiu shall, in all ea.ses, l>e lield to 1)0 the eorrect amount, due. 32 V. c. 3(1, ^ 13H (I); M) V. V 7, Srin.l. A 2(t(>). 2 If the Treasiu'er fails at sutli sali> to -'11 an\ land fdi- the full mnoiint of arreai > of taxes due, he shall at siieh sale adjoMrn lhes;inie until a dav then to he [uihliely nanieil l>y him. not earlier than one week, nor later than thice months thereafter, if which ailjourned sale he shall ;,dve notice hy pnlilie advi'i- llseiiient in the local newspaper, or in one of the loeal papers in which the t>ri;4inal sale was ailvertised, and on siicli ilay he shall .sell such lands unless othtnwise direetwl hy the local Municipality in whicli they aie situate, for any sum he can realize, anil shall accept sucli siiin as full |iaynient of such ar- rears of taxes ; but the owner ol any Lunl .so sold shall n.)t lie at liberty tt) redeem the same, except upon [rnymcnt to the I ounty Treasurer t)f the full ,'iiiour\t of taxes due, togetlicr with the expen.ses of sale ; anil tln' Ti'ea^urer shall actumnt to the local Munic^ipalitv for the full amount t)f taxes paid. 33 V c. 27, s. 8, ISIK If the Treas\irer sells any interest in land t)f wliich ttio wiu-n Tihihu foe is in the (Vown, he .shall only soil the interest therein of the [C',//'.!!']]'""' lessee, licensee or locatee, and it .shall hi! so distinctly expressed wiiici, u in intheconvoyunc to bo made by the Treasureraml Warden, and i'ijiwii,lu-.lmn such conveyance shall give the i)urclia.sor the same rights in ii,t,.r..st of i«»- resp('«-t of the lantl as the original lessee, licensee or locatee on- "'»•. '''•• Joyed, and shall 1)0 valid, without retpiiring the assent of the f'ommi.ssionor of Crown Lanils. 32 V. c. 30, s. 13}>. 139. If the purchaser of any [)arcel of land fails immediately when pur- to pay to the Treasm-er the amt)unt f)f the purchase money, the din'or fiiil« u> Tiea-surer shall forthwith again put up the property for sale. 32 money " "*""^ V. c. 30, s. 140. Certifit'utc of Sale — Tax Deed. IJO. The Treasurer, after selling any land for taxes, shall Treimurcr mi-U- give a certificate under his hantl to the purchaser, stating dis- I",^.ei,',j'^'Jr*a tinctly what part of the land, and what intei-est therein, have certificate of been so sold, or stating that the whole lot or estate has been so !»"'• »"!'•• sold, and describing the same, and also stating the quantity of land, the sum for which it has been sold, and the expenses oi sale, and further stating that a deed conveying the same to the purchaser or his assigns, according to the nature of the estate or interest sold, with reference to the one hundred and thirty -seventh and one hundred and thirty-eighth sections of this Act, will be executed by the Treasurer and Warden on his or their demand, at any time after the expiration of one year from the date of the certificate, if the land is not previously redeemed. 32 V. c. 36, s. 141. " s.-T^e^'^.-^^^^tessr-vt^i'.vsi.-'aA^ i-'>-'-v i>70 Chn; I HO. MUNK ll'AI- MATTKIIH. [TlTI.K XII. rSI The inin-haHcr shall, ..ii tlu- m'oipt ..1' tlu- 'I'rvasurer'.. oMtiti.-at.. .,r salt', bocoii... tin* own.-r of tla- laiu , s.. lar as to have all n.-ccsHaiv »i>,'»>ts of aotion an.l powors lor pioti-i'tuig tlu, sai.M- fion. spoliati.-n or v.ast.N until ti.." oxpiratioi. ..t the form .luiii." which tlu' lai.il may he nxlooiiinl ; hut lit- Hhall not knowiu-lv iH-nnit any person ro .-ut tinih.-r .m'ow.u- in.on the land, or otherwise in juii' the .."-», nor s:i.ill he do so him- self, hut ho may use the land withoi;' deteriorating its value. 2 The purchaser ahall not hw'>«i th.Ti'o'. f'.r I'i'rtaii. I'Ui- jNiNi"*, on ri'rci|it of TriMUoiriT'H errtifiratf. Pro vino TroaHuror'H ooniiuiHHiuii. lecH, 11',, on Hales of i.md. purchaser shall case to havany further n^hi w ... to tl.f lam in .|uesii«.n. A'l V. c 30, «. li'A. 143. Kverv Troarurer shall he entitled to two and one-half per eentuin c.^nmission upon the t^nv.- oolleeted hy him as atore- HHid. 32 V. c. 3(J, s. 144. 144 Wherever land is sold by aTicas.;rer,accordinj; to the provisions of the one hundred and thii-f.yfJvst and ioiiowiiiy sections of this Act, he may - Id th" commisr .^^n and costs which he is herel.v auth.)rized to charge for the service's al.ovc men-^ tioned, to the amount of airears on those lands in respect ot which such .services have been severally i)ertormed, and in every case he shall give a statement in detail with each certiti- cate of sale, of the arrears and c.»sts incurred. J2 V. c. 30, .s. 1 l-o. 143 The Treasurer shall, in all ceititieates and deeds given for lands sold at such sale, give a description of the part scjld with surticient certainty, and if le..s than a whole lot, then by such a general desciiptiou as may enable a Surveyor to lay olt the nic^'c sold on the ground ; and he may make search, it necessary, in the Registry OfKce, to ascertain the description and boundaries ot the whole parcel, and he may also obtain a Surveyor's description of such lots, to be taken f n.m the Registry Office or the Government maps, where a full description cannot otherwise be obtained, such Surveyor's fee not to exceed one dollar • and the charge so incuned shall be included in the account and paid by the purchaser of the land sold, or the party redeeming the same. 32 V. c. 30, s. 140. TveaHurer en- 146. Except as before i>rovided, the Treasurer shall not be titled to no entitled to any other fees or emoluments whatevet tor any other fees. ^^^.^-^^es rendered by him relating to the collection of arrears ot taxes on lands. 32 V. c. 30, s. 147. Owners may, 147. The owner of any land which may hereafter be sold for within one non-pavment of arrears of taxes, or his heirs, executors, admin- year, redeem • •' Kx|>enRt'H of Bcarcli in lie- KiHtry Office for (luHcrii)- tion, etc. ^y. [TiTI.K XII. tlif 'rrvHsiirer'.s mil, so far an to s I'of proti'i'tiiig x|iiriiti M(t liiui- tinji; its viihie. gc i\o\w without 10 tl'« fuititic'iiU' ,iii\irer < J' the full liis Ast, til*' Miiil , ill ... to the land two and otie-lialf Ihy him as afore- r, acconlinj; to the St and foliowiiiy a anil costs vvhirh vii'»'s aliove men- mils in respeet of peiforuied, and in with each certifi- a2 V. e. 30, s. 1 15. IS and deeds nriveii 11 of the part sold whole lot, then by Purveyor to lay otf y make seareh, if lui the description may also obtain a ifrom the Registry description cannot not to exceed one le included in the id sold, or the party insurer shall not be whatevoi for any lection of arrears of hereafter be sold for i, executors, admin- ***?;" -.ir--^i^ f:'t|^-^^<-? i;^AGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 u> m |2.2 •S ■£ 1120 11-25 i 1.4 1.6 y Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. MS80 (716)872-4503 L CIHM/ICMH Microfiche Series. CIHIVI/ICIVIH Collection de microfiches. Canadian Institute for Historical l\/licroreproductions / Institut Canadian de microreproductions historiques is^mm Title XII.] ASSESSMENT OF PROPERTY. Chap. 180. 277 istrators or assigns, or any other person, may, at any time estate sold by within one year from the day of sale, exclusive of that day, ^^e money redeem the estate sold by paying or tendering to the County and lo per Treasurer, for the use and benefit of the purchaser or his legal *=«"*• thereon, representatives, the sum paid by him, together with ten per centum thereon ; and the Treasurer shall give to the party pay- ing such redemption money, a receipt stating the sum paid and the object of payment ; and such receipt shall be evidence of the redemption. 32 V. c. 30, s. 148. 148. If the land is not redeemed within the period so allow- Deed of sale, ed for its redemption, being one year exclusive of the day of ^^j^»"* ■"^'l''^""" sale as aforesaid, then, on the demand of the purchaser, or his assigns, or other legal representative, at any time afterwards, and on payment of one dollar, the Treasurer shall prepare and 'execute with the Warden, and deliver to him or them, a deed in duplicate of the land sold, in which deed any number of lots may be included at the re(|uest of the purchaser or any assignee of the purchaser. 32 V. c. 36, s. 149. 149. The words "Treasurer" and " Warden " in the forego- Meaninjf of ing section shall mean the persons who at the time of the exe- ^""i^lml*' cution of the deed in such section mentioned hold the said offices. Warden. 37 V. c. 19, s. 7. law. The deed shall be in the form or to the same etfect as in Contents of Schedule K to this Act. and shall state the date and cause of the f^^^uhereof! sale, and the price, and shall describe the land according to the provisions of section one hundred and forty five of this Act, and shall have the effect of vesting the land in the purchaser or his heirs and assigns or other legal representatives, in fee simple or otherwise, according to the nature of the estate or interest sold ; and no such deed shall be invalid for any eiTor or mis- calculation in the amount of taxes or interest thereon in arrear, or any error in describing the land as "patented" or "unpa- tented" or "held under a license of occupation." 32 V. c. 36, 8. 1-30 ; 34 V. c. 28, s. 4. ISl. The deed shall be registered in the Registiy Office of ueed to be the Registration Division in which the lands are situate, within ^f^iu'e^ht- eighteen months after the sale, otherwise the parties claiming een months under such sale shall not be deemed to have preserved their Jjjjj'****'' p"^ priority as against a purchaser in good faith who ha.s registered his deed prior to the registration of the deed from the Warden and Treasurer. 31 V. c. 20, s. 58. See also Rev. Stat. c. Ill, s. 76. 2. The Registrar or Deputy Registrar upon production of jj^ . t^j^y^^n the duplicate deed, shall enter the same in the Registry book, of deeds. and give a certificate of such entry and registration in accord- ance with " Ihe Registry Act" 32 V. c. 36, s. 151. ^^- Stat. o. rs i a g ta s »fe 'i ^igiVjWial9J^W»i g -B t >s> > 278 Cliap. 1>S0. MUNICIPAL MATTEIiS. [TitlkXII. Sheriff to give certificate of ext'oiitioii of conveyances since January l8t, 1H.")1, and before l«t January, )>it)tJ, for regii-tra- tiou. onwhat ceru- l.ia. As icspects land H(.).] for taxes before the first day of HcateHcKiH Jaiiuarv, one thousand ciglit hundred and fitty-one, on the ie- Sff-Xu ceipt by the Registrar of the proper County or phvce, -t a j^f*;'- of lands sold ^^^..^^^^ „f the sale to the i)urchaser under the hand and seal ot blnaSni office of tlie Sheriff, stating the name of the purch.iser, the sum paid, the number of acres and the estate or interest sol. I the lot or tract of which the same furms part, and the date ot the Sheriff's conveyance to the purcluuser, his heirs, executors administrators or assigns, and on pro.hiction ofthe conveyance from the Sherirt" to the purchaser, his heirs, executors, adminis- trators or assigns, such Registrar shall register any hheritl s deed of land sold for taxes before the tirst day of January, one thousand eight hun• the particulars ate, for the pur- of the ])roper sold for taxes le deed siiall he thei-eof shall be of the deed and igistrar shall, Toi' to seventy cents rhich the (bounty ry parcel of land f taxes, with an I have been made ectors' rolls and , be by him kept s. 154. >ld by the Trea- of " I'he ^«ws«- lue for the third , and the same is iuch sale and the ds (provided the inal and binding upon all persons intended by this I pay the arrears years, or redeem the same within one year after tlie Treasurei''» .sale thereof. .32 V. c. 36, s. 130. Seess. 140, 147, 148. 1*16. Wherever lands are sold for arrears of taxes, and the Deed vaiii Treasurer has given a deed for the same, such deed shall be to "B"*'?" »'' all intents and purposes valid and binding, except as against questi.mod the Crown, if the same has not been questioned before some "'."''".'' ««■■■ Court of competent jurisdiction by some person interested in *"' ""*" the land so sold within two years from the time of sale. 32 V. 0. 30, s. 155. ■ tS7. In all cases where lands have been validly sold for taxes Certain ireaa- the conveyance by the Treasurer who made the sale, or his sue- "„t'to be"in- cessors in office, shall not be invalid by reason of the statute valid, if the under the authority whereof such sale was made having been '"'^ " ^''"'*- repealed at and before the time of such conveyance, or by reason of the Treasurer who made the sale having gone out of office. 33 V. c. 23, s. 5. 1«S8. In all cases where lands are sold for arrears of taxes, whether such sale is or is not valid, then so far as regards rights of entry adverse to any bona fide claim or right, whether valid or invalid, derived mediately or immediately under such sale, the fifth section of The Act respecting the Transfer of Real Property shall not apply, to the end and intent that in such cases the right or title of persons claiming adversely to any such sale shall not be conveyed where any person is in occupation adversely to such right or title, and that in such cases the Common Law and the second, fourth and sixth sections of the statute passed in the thirty-second year of the reign of King Henry the Eighth, and chaptered nine, be revived, and the same are and shall continue to be revived. 33 V. c. 23, s. 6. ItSO. In all cases, (not being within any of the exceptions and provisions uf sub-section three to this section), where lands hav- ing been legally liable to be assessed for taxes, are sold as for arrears of taxes, and such sale or the conveyance consequent thereon is invalid by reason of uncertain or insufficient designa- tion or description of the lands assessed, sold or conveyed, and the right or title of the tax purchaser is not valid, and the tax purchaser has entered on the lauds so liable to assessment or any part thereof, and has improved the same, then in case an ac- tion of ejectment is brought against such tax purchaser and he is liable to be ejected by reason of the invalidity of such sale or conveyance, the Judge of Assize before whom such action is tried shall direct the.jury to assess, or shall himself (if the case be tried without a jury), assess damages for the defendant for the amount of-the purchase money at such sale and interest thereon, and of all raxes paid in respect of the lands since the sale by the tax pur- chaser and interest thereon, and of any loss to be sustained in consequence of any improvements made before the commeuce- meiit of such action by the defendant, and all persons through or under whom he claims, less all just al'owanccs for the net Rights of en- try ndvArse to taz-purchr.ser in poaseimion not to be con- veyed. Rev. Stat. o. 98, 8. 5. Common Law and 32 H. viii. c. 9, 88. 2, 4 A 6, revived. Where sale or oonveyance void fur uncer- tainty, and purchaser has improved, the value of the land and im- provement?, io., to be as- zsessed, and ••-3ptfflr-*r- 280 Chap. 180. MUNICIPAL MATTERS. [Title XII. The plaintiff to pay forim- proTementii, •to., anless tax purchaser elects to retain the land on paying its value. S«otion not to apply if tax-s paid before sale ; if land were redeemed ; in oases of fraud. value-of any timber sold off the lands, and all other just allow- ances to the plaintiff, and shall assess the value of the land to be recovered. 2. If a verdict is found for the plaintiff, no writ of possession shall issue until the plaintiti" has paid into Court for the defend- dant the amount of such damages : or, if the defendant desires to retain the land, he may retain it, on paying into Court, oi. or before the fourth day of the ensuing Term, or on or before any subsequent day to be appointed by the Court, the value of the land as assessed at the trial ; after which payment, no writ of possession shall issue, but the plaintiff on filing in Court for the defendant a sufficient release and conveyance to the defendant, of his right and title to the land in question, shall be entitled to the money so paid in. 83 V. c. 23, s. 9. 3. This section shall not apply in the following cases : — {n.) If the taxes for non-payment whereof the lands were sold have been fully paid before the sale. (h.) If, within the period limited by law for redemption, the amount paid by the purchaser, with all interest payable there- on, has been paid or tendered to the person entitled to receive such payment, with a view to redemption of the lands. (c.) Where on the ground of fraud or evil practice by the pur- chaser at any such sale, a Court would grant equitable relief. 33 V. c. rd, 88. 9 & 1. When the |00. In any of the cases named in the one hundred and fifty- toI^nVu»"eo ninth section wherein the plaintiff is not tenant in fee simple the value of or fee tail, the payment into Court to be made as aforesaid, of *'' Id^lnto'" *"" ^^^ ^*^"® '^^ *h® ^*"^' ^y *^® defendant desiring to retain the Chancery. land, shall bo into the Court of Chancery, and the plaintiff and all parties entitled to and interested in the said lands, as against the purchase at such sale for taxes, on filing in the Court of Chan- cery a sufficient release and conveyance to the defendant of their respective rights and interests to the land, shall be entitled to the money so paid in in such proportions and shares as to the Court of Chancery, regarding the interests of the various parties, seems proper. When the de- fendant is not tenant in fee, the value of improvements, eto., to be paid into Chancery. Any other person inter- ested may pay in value as- sessed if de- fendant does not. 2. In any of such cases wherein the defendant is not tenant in fee simple or fee tail, then the payment of damages into Court t ) be made as aforesaid by the plaintiff, shall be into the Court of Chancery. 33 V. c. 23, s. 10. ■'■»-•■ -i., 161. If the defendant does not pay into the Court wherein such action is brought, the value of the land assessed as aforesaid, on or before the fourth day of the said Term, or on or before such subsequent day as may be appointed by the Court, then any other person interested in the lands under the sale or convey- [Title XII. her just allow- of tho land to t of possession for the defend- endant desires to Court, ow or or before any le value of the nt, no writ of n Court for the the defendant, all be entitled wring cases : — the lands were redemption, the payable there- itled to receive lands. tice by the pur- equitable relief. indred and fifty- nt in fee simple ! as aforesaid, of ing to retain the he plaintiff and lands, as against J Court of Chan- ifendant of their 1 be entitled to shares as to the I various parties, nt is not tenant f damages inta jhall be into the irt wherein such as aforesaid, on a or before such !ourt, then any sale or convey- TlTLK XII.] ASSESSMENT OF PROPEUIY. Chap. 180. 281 ance for taxes may, before the end of the said Term, or before the expiry of ninety days from any subsequent day to be ap- pointed by the Court for payment by the defendant, pay into Court the said value of the lands ; and till the expiration of the time within which such payment may be made, and after such payment no writ of possession shall issue. :i. The defendant, or other person so paying in shall be Ti e payer to entitled as against all others interested in the lands under the , 'J^ propor-"' sale or conveyance for taxes, to a lien on the lands for such tionas exceeds amount jis exceeds the proportionate value of his interest in *"' '°'*''*'*- the lands, enforceable in such manner and in such shares and proportions as to the Court of Chancery, regarding the interests of the various parties, and on hearing the parties, seems fit. 38 V. c 23, s. 10. 163. In case the defendant or any other person interested pays i\„i, the uwn into Court in manner aforesaid, the plaintiff shall be entitled to «■»• " n obtain the amount so paid in, on filing in ('ourt a sufficient release and ,[," \*„"i p^ij conveyance to the party so paying in, of all his right and title in. to the lands, in which release and conveyance it shall be ex- pressed that the same is in trust for such party, to secure his lien as aforesaid. 33 V. c. 23, s. 10. 163. If the said value of the lands is not paid into Court as H(.w the value above provided, then the amount of the damages paid into tho """P'°,"' n t> i-^i 1111 • 1 1 • mentg, etc.. Court of Chancery shall be paid out to the various persons, paidinoadbe who, if the sale for taxes were valid would be entitled to the ob »uch shall pay over to the local Treasui-er all such moneys when so l''""!* collected 33 V. c. 27, s. 10. 171. The Treasurer shall, when such fund has been created. Treasurer t<) open an account for each local Municipality with the said cJ,™heTefor. fund. 32 V. c. 3G, .s. 157.' 17t8 If two or more local Munici|talities, having been united MunicipaUtieH for muni los on non-residents land imposed hy by- be dissolved, laws of the Provisiijnal Council of the Junior County, shall be returned to and collected by the Treasurer of the United Coun- ties, and not by the Provisional Treasurer; and the Trea,surer of the United Counties shall open an account forthwith for the Junior County with tlie Non-resident Land Fund. 32 V. c. 3G, s. 158. .. -; . . .. • ^ ^ 173. In cases where a new Municipality is formed l»Ji"t'y> J|fi];[i^^",';i?iiy from two or more Municipalities situate in diflerent Conn- i„„ijecouuty ties, the collection of non-resident taxes due at the time of "^n'j P^J^'y '" formation shall remain in the hands of the Treasurers of the """ '*''■• respective Counties formerly having jurisdiction over the re- spective portion.^ of ten-itory forming the new Municipality :'«i£MMM«MMi;^«»^«l)Mtg»^» 284 Chap. 180. MUNICH'AI- MATTKR8. [TlTLK XII. anil the respective Tronsurers .shall keep separate accounts o such moneys nnd pav tho same t<. the n(>w Municipahty ; nn.l wiicre a new MunuMpality is formed from two or inore Municipalities situate in anv one County, the Treasurer shall, in like manner, keep a sei.arate account for such new Munici- pality. 32 V. c. 3(5, s. 159. All aman. to IT4. The Treasurer of the County shall not be required lo form one ^gep a separate accyunt of the several distinct rates whicli may te3"ct be charged on lands, but all arrears, froni whatever rates arising t« thm, Ac. yhaii ije taken together and form one charge on the laml. 6Z. V. c. 8(), s. 160. Deficiencies in IT*. Eveiy local Municipal Council, in paying over any certain taxen ^^^.]^^^^J\ ^r locftl rate, or its share of any County rate, or ol any W n.«S other tax or rate lawfully impose.l for Provincial or local pur- pality- poses, shall supply, out of the funds of the Municipality, any deftciencv arising from the non-payment t)f the taxes, but shall not be held answerable for any dettciency arising from the abatements of, or innbilitv to collect, the tax on personal pro- perty other than for County rates. 32 V. -•. 30, s. 161 ; 40 V. c. 7, Sched. A. (201). Money from 170. All sums which inay at any time be paid to a M«nici- N.... resident j-j^ ^,„t ,jf ^he Nou-iesident Land Fund of the County, shall how lin".!^ form part of the general funds of such Municipality. 32 V. c. l)riatwl. 3(3^ y 1(52. ITT. The Council of the County may, from time to time, by by-law, authorize the Warden to issue, under the corporate seal upon the credit of the Non-resident Land Fund, deben- tur s pavable not later than eight years after the date thereot and for "sums not less than one hundred dollars each, so that the whole of the debentures at any time issued and unpaid do not exceed two-thirds of all arrears then due and accruing upon the lands in the County, together with such other sums as may be in the Treasurer's hands, or otherwise invested to the credit of the said fund ; and all debentures issued by the County shall be in the exclusive custody of the Treasurer, who shall be responsible for their safety until their proceeds are deposited with him. 32 V. c. 30, s. 103. Bvwhom to IT8. Such debentures shall be negotiated by the Warden be negotiated. ^^^ Treasurer of the County, and the proceeds shall be paid into the said Fund, and the interest on the said debentures, and the principal when due, shall be payable out of such *und: Proviso. but the purchaser of any such debentures shall not be bound to see to the application of the purchase money, or be held responsi- ble for the non-application thereof. 32 V. c. 36, s. 164. Proviwon for 1T9.. If at any time there is not in the Non-resident Land payment of y^^^^ ^Y.ere such Fund has been created, money suflicient Debentures may be issued on the credit of Non-resi- dent Land Fund. Who to have charge of them. [TlTLK XII. nccountH of ipality ; nntl vo or more ivsurer shall, new Munici- 3 required m H which may rates arising, he hind. 32 ng over any ite, or of any or local pur- icipality, anv xes, but shall ling from the personal pro- s. 161 ; 40 V. 1 to a Munici- Oounty, shall ity. 32 V. c. me to time, by the corporate Fund, deben- e date thereof I each, so that md unpaid do accruing upon r sums as may d to the credit le County shall , who shall be are deposited )y the Warden i shall be paid iebentures, and of such Fund : lot be bound to e held responsi- s. 164. n-resident Land (loney sufficient TiTLK XII.] AHSKSSMKNT OF PUOPEIITY. Chap. 180. L86 to ]m.y the interest u|>on a debenture f)r to redeem the same «ueluWl.en- when due, such interest or debenture shall bo payable out "'^'''■ of the general County funds, and the payment thereof may be enforced in the same manner as is by law provided in the case of other County debentures. 32 V. c. 36, s. 165. 180. The Council of the County may from time to time imss Hun>iu»of the by-laws apportioning the surplus moneys in the Non-re.sident {^Xi^Fumrto Land Fund am«>ngst the Municii)alities rateably, according to U' aivi.Ud the moneys received and aiTears due on account of the non- ^J^^i"^'""' re.sident lands in each Muni(!ipalitv ; but such apportionment sliall always be so limited that the debentures unpaid shall never exceed two-thirds of the whole amount to the credit of the Fund. 32 V. c. 36, s. 166. 181. The Treasurer shall not be entitled to receive from the Trewnrer'H person paying taxes any i)ercentage thereon, but may receive '^^'[^^""'ga^ from the Fund such percentage upon all moneys in his hankH, AuiUt of iMiokH, etc. i,ui|.os.'s, als.) p.'vf(.nn tli.* like .liitirs ns Mi' li.Tomli.-loiv, in tl,(. .-as.' nf..iln-r Mm.icipalitios, iini.r.s,-.l ..ii tlif ^ '"'»|> ';•;"• sunr i.n.l Wanlfi. ivspirtivdy. U2 V. .•■ 3(1. h. 171 .S: HI- Idsl purl. Sri' iiotr s. 10!». I HO. Tl.f TivasunT ..f every C.uiity, City aiwl Town hIihH k.-i|. a tiiplifatf l.lank r.-ci-ipt honk, and on recoipt ol any sun. of nu'neyfor tuxes ..n lan.l. shall .lehver to the party making payinent one of such reeeipts, and shall deliver to the County, City ..r Town Clerk the see'-nd o the set. with the corresponding mimher, retaining' the thud ot the set in tne bo..k, the delivery of such receipts to be made to the Clerk at least every three months; aiultho County, City or 1 own (leik shall tile such receipts, and, in a book to be kept lor that pur- pose shall enter the name of the jmrty making payment ; the lot on which payment is made ; the amount paid ; the date ot payment, and the number of the receipt; and the Auditors shall examine and audit such books and amounts at least once in every twelve months. 32 V. c. 36, s. 1(2. Bectirity by treaHurera anil ciillectors. Bond with iureticK, Penalty on nBgeHBors or clerks failing to jierfonn their duty, and how en- forced. Other asses- aofH may act for those in default. KEHPONSIHIMTY OF OFFICKRS. 187 Every Treasurer and Collector, before entering on the duties ot his oitice, shall enter into a bond to the CJorporation of the Municipality for the faithful performance ot his duties. 82 V. c. 30, H. 178. 188. Such bond shall be given by the officer and two or more sufficient sureties, in such sura and such manner as the Council of the Municipality by any by-law in that behalf requires, and shall conform to all the provisions of sucli by-law. bJ, v. c. 86, 8. 174. 1 89 If any Treasurer, Assessor, Clerk or other officer i^efuses or neglects to perform any duty required of him by this Act he shall upon conviction thereof before any Court ot competent iurisdiction in the County in which he is Treasurer, Assessor, Clerk or other officer, forfeit to Her Majesty such suni as the Court may order and adjudge, not ex.-eeding one hundred dollars. 32 V. c. 30, 8. 175. 190 If an Assessor neglects or omits to perform his duties, the other Assessor, or other Assessors (if there be more than one for the same locality), or one of such Assessors, shall, until a new appointment, perform the duties, and shall certify upon his or their assessment roll the name of the delinquent Assessor, and also if he or they know it, the cause of the dehnquepcy ; and any Council may, after an Assessor neglects or omits to perform his duties, appoint some other person to discharge such duties ; and the Assessor so appointed shall have all the powers and be entitled to all the emoluments which appertain to the ottice. 32 V. c. 30, s. 17G. [TlTI.K XII. reinl It'll >n', in I'onntv Tm> s. 171" A: 111. 1 Town shiiU iceipt of nny to the jmrty shall I ; "the (late of the Auditors s at least once TiTLKXIil ASai-XSMKNT t)F IMIOI'KUTY. Chap. IHO. 287 itering on the le CJorporation ! of his duties. id two or more as the Council lehalf requires, jy-law. 82 V. sr officer refuses I by this Act, he b of competent surer, Assessor, ch sum as the g one hundred form his duties, 3 more than one hall, until a new tify upon his or it Assessor, and linquepcy ; and 3m its to perform rge such duties ; e powers and be n to the office. 101. If any ( 'Irrk/I rcaHiinT, Afy of any Assi'ssor's or ( 'ol lector's roll, or wilftilly and nmkiiiK hi\w\- frauduli'iitly inserts therein the nnine f>f any person who should Jj|^.,"t,''",rt7'' not he entered, or fraudulently omits the name of any person who should lie entered, or wilfully omits any duty recniired of liim by this Act, lie shall, upon conviction thereof before a Court of competent jurisdiction, be liable to a fine not exceeding two hundred dollars, and to imprisonment until the tine is paid, in the Common Oaol of tho County or City for a period not ex- ceetlinj,' six months, or to both such fine and imprisonn)ent, in the discretion of the Cotirt. :\2 V. c. 30, s. 177. 199. Proof, to the satisfaction of the jury, that any real What rthallW property was assessetl by the Assessor at an actual value greater fr*lluau'i",it. or less than its true actual value by thirty per centum thereof, imHeHHimntH. shall be pnma facie evidence that the assessment was tin just or fraudulent. 32 V. c. 36, s. 178. 193. An Assessor convicted of having made any unjust or PuniHlnnent of fraudulent assessment, .shall be sentenced to the gi'eatest pun- cuii)al)le amed- i.shment, both by fine and imprisonment, allowed by this Act. 32 V. c. 3C, 8. 17"9. Penalty for not making and complet« inff OHsegfinient rolls by the projjer time. Rev.Stat.c.48. 194. With reference to " The Jurors' Act" if any Assessor of any Township, Village or Ward, except in the cases provided for by sections forty-foui- and forty-six of this Act, neglects or omits to make out and complete his assessment roll for the Townshij), Village or Ward, and to return the same to the Clerk of such Township or Village, or of the City or Town in which such Ward is situated, or to the proper officer or place of deposit of such roll, on or before the first day of September of the year for which he is Assessor, every such Assessor so offending shall forfeit for every such offence the sum of two hundred dollars, one moiety thereof to the use of the Muni- cipality, and the other moiety, with costs, to such pei-son as may sue for the same in any Court of competent jurisdiction by action of debt or infuiination ; but nothing herein contained shall be constructed to relievo any Assessor from the obligation of returning his assessment roll, at the period required else- where by this Act, and from the penalties incurred by him by not returning the same accordingly. 32 V. c. 36, s. 180. See also Rev. Stat. c. 48, s. 169 (3.) 195. If a Collector refuses or neglects to pay to the proper P-oceedings Treasurer, or other person legally authorized to receive the coiiectore to '^ same, the sums contained in his roll, or duly to account for the pay over same as uncollected, the Treasurer shall, within twenty days J^ct'eYto'the after the time when the payment ought to have been made, proper issue a warrant, under his hand and seal, directed to the Sheriff *™'""'"*"'" of the County or City (as the case may be), commanding him to levy of the goods, chattels, lands and tenements of the Collector Not to impair any other liability. ^ 288 Chap. 180. MUNICIPAL MATTERS. [Title XII. Mode of .-om- pelling Sheriff, etc., to pay over. and his sureties, such ™m as remains unpaid and unaccounted ?or with os^ pay to the Treasurer the BUin so un- accounted for, ^nd to return the warrant withm forty days after the date thereof. 32 V. c. 36, s. 181. Warrant to be 196 The said Treasurer shall immediately deliver ihe said deuvered to ^^^^ ^^ ^^^^^ gi^eriff of the County, as the case may require. Sheriff, etc. 32^^.36,8.182. Sheriff, etc., 197. The Sheriff to whom the warrant is directed shall to execute it, „ . , PRime the same to be executed aud make re- .^pay^oneyw^hm^^^^^ shall pay to hi. the money l^v ed by virtue thereof, deducting for his fees the same com- pensation a« upon writs of execution issued out of Courts of Record. 32 V. c. 36, s. 183. 19§ If a Sheriff" refuses or neglects to levy any money when BO commanded, or to pay over the same, or makes a fa se Teturn to the warrant, or neglects or refuses to make any return, or makes an insufficient return, the Treasurer may. upon affi- davit of the facts, apply in a summary manner to either of the Superior Courts ^f Law in Term time, or to any J"dge of either CoSrt in Vacation, for a rule or summons calling on the Sheiiff to answer the matter of the affidavit. 32 V. c. 30, s. 184. men return- 199. The said rule or summons shall be returnable at such ■^^^^ time as tliC Court or Judge directs. 32 V. c. 36, s. 185. 300 Upon the return of such rule or summons, tho Court or a Judge may proceed in a summary manner upon affidavit, and without ferial plemiing, to hear and determine the matters of the application. 32 V. c. 36, s. 186. 901 If the Court or Judge is of opinion that the Sherifthas been guilty of the dereliction alleged against him, such Court or Judge%hall order the proper officer of the Court to issue a writ oiin facias, adapted to the case, directed to a Coroner of the County in which the Municipality is situate, or to a Coroner of the City or Town (as the case may be) for which the Collector is in deifault. 32 V. c. 36. s. 187. 309 Such writ shall direct the Coroner to levy of the goods and chattels of the Sheriff" the sum whkh the Sheriff- was ordered to levy by the warrant of the Treasurer, together with the costs of the application and of such writ and ol its execution ; and the writ shaU bear date on the day of its issue whether in Term or Vacation, and shall be returnable forth- with'upon its being executed ; and the Coroner, upon executing the same, shall bo entitled to the same fes a^ «pon a writ grounded upon a judgment of the Court. 32 V. c. 30, s. 188. 903 If a Sheriff" wilfully omits to perform any duty required of him by this Act. and no other penalty is hereby imposed for Hearing on latum. I'l. Fa. to the coroner to levy the money. Tenor of such writ. Execution thereof. Fees. Penalty on Sheriff if no other imposed [Title XII. nd unaccounted ,he sum so un- bhin forty days deliver the said ise may require. i directed shall ied aud make re- ( him the money !8 the same cora- out of Courts of evy any money or makes a false make any return, r may, upon affi- r to either of the ly Judge of either ing on the Sheriff ;. 3(j, s. 184. gturnable at such !. 36, s. 185. raraons, tho Court er upon affidavit, rmine the matters liat the Sheriff has bim, such Court or urt to issue a writ o a Coroner of the , or to a Coroner of ^hicli the Collector levy of the goods 3h the Sherifl" was Measurer, together such writ and of on the day of its be returnable forth- (ler, upon executing ees as upon a writ 2 V. c. 36, s. 188. n any duty required hereby imposed for Title XH.] ASBES^^ENT OF PROPERTY. Chap. 180. m the omission, he shall be liable to a penalty of two hundred dol- lars, to be recovered from him in any Court of competent juris- diction at the suit of the Treasurer of the County, City or Town. 82 V. c. 36, 8. 189. 904. All money assessed, levied and collected for the purpose Fj^mt of of being paid to the Treasurer of the Province, or to any other SltTr th» public officer, for the public uses of the Province, or for any Proyince. special purpose or use mentioned in the Act under which the same is raised, shall be assessed, levied and collected by, and accounted for and paid over, to the same persons, in the same manner, and at the same time, as taxes imposed on the same property for County, City or Town purposes, and shall, in Law and Equity, be deemed and taken to be moneys collected for the County, City or Tovm, so far as to charge every Collector, or Treasurer with the same, and to render him and his sureties responsible thereibr, and for every default or neglect in regard to the same, in like manner as in the case of moneys assessed, levied and collected for the use of the County, City or Town. 32 V. c. 36, 8. 190. 905. AU moneys collected for County purposes, or forany of Howmon^ the purposes mentioned in the preceding section, shall be payable county pur- by the Collector to the Township, Town or Village Treasurer, poB«ito^ be and by him to the County Treasurer; and the Corporation of p" the Township, Town or Village shall be responsible therefor to the Corporation of the County. 32 V. c. 86, s. 191. 906 Any bond or security riven by the Collector or Trea- CoUeoton or surer to the Corporation of the Township, Town or Village, that g^^^^ he will account for and pay over aU moneys collected or received count for aU by him, shaU apply to aU moneys collected or received forjjj^Bcol- County purposes, or for any of the purposes mentioned in the 41,^1. two hundred and fourth section. 82 V. c. 86, s. 192. 907. The Treasurer of every Township, Town or Village Locri to*, shall, within fourteen days after the time appointed for the ^^^ final settlement of the Collector's rolls, pay over to the Treasurer moneyB to of the County all moneys which were assessed and by law re- ^^^ quired to be levied and collected in the Municipality for County purposes, or for any of the purposes mentioned in the two hun- dred and fourth section of this Act. 32 V. c. 36, 8. 193. 908 If default be made in such payment, the County Mode of en- Treasurer may retain or stop a Uke amount out of anjr moneys ^S^r** which would otherwise be payable by him to the Municipality, *-' - or may recover the same by a suit or action for debt against such Municipality, or wherever the same has been inarrearfor the space of three months, he may, by wairant under his hand Wain«ntto and seal, reciting the facts, direct the Sheriff of the County to •"»«""• levy and collect the atpouipt so due with interest and costs frpm the Municipality in default. 32 V. c. 36, s. 194. 19 .; .. ■ '•JiJt' uV I HMMmiM mM K X KU^ ** 290 Chap. 180. MUNICIPAL MATTEBS. [TiTLE XIL .herifltoleyy. .^Uect the amount wit'hh sownfe^ andcoste aaif the^wMraj had been a writ of execution issued by a Court of 1^»^' *"^'\; shdl levy the amount of coste and fees in thj same manne^ i provided by " The Municipal Act" incase of writs ot execuuon S2 V. c. 36, 8. 196 R«T. Stat. c. 174, 88. 408 & 409 m. ai O The County City or Town Treasurer shall be ^^^'f' lL':^i^iJ^?JXo^ml'i^il Crown for all r^^^^ind fourth irte :ny S\e p^es mentioned ^^ ^h^^^^^^^^^^^^^ J^^J^h moneys. gection of this Act, and shall pay over sucn mu j Treasurer of the Province. 32 V. c. 36, s. 196. 31 1 Every County, City and Town shall J>«^^P9?«^5i®„^ Her MajSir-d to li other parties interested that dlm^^^^^^^^ cominginto the hands of the Vr^/ Wm dX pkid^^^^^^ Town.^in virtue of his office shall h« Jj^^^^lg^yiJy ""^^ and accounted for according to law. 32 V. c. 36, s. ly/. 913. The Treasurer and his sureties shall t)e /espon^ble and accountable for such moneys in like manner to ttie Comity, Citv or Town; and any bond or security given by them lo^ SMy Snting for\d paying over --eys^^-fu^i: hia hands belonging to the County, City or_ Town, snau oe t^ken to apSy to aS such moneys as are mentioned mthe two S-el SWh section, an^ may ^e enforced «^inBt the Treasurer or his sureties, incase of default on his part. 32 \ . c 86, s. 198. 91 » The bond of the Treasurer and his sureties shall apply nTtiie County City or Town, by stopping a like amount out ot anvDuSkmonel which would otWwise be payable to the SUy" Swn or to. the Treasurer thereof or by suit or action gainst the Corporation. 32 V. c. 36, s. 199. City, etc., re. 914. Any person aggrieved by the default of the T^^uior, sponsible for recover from the Corporation of the County, Uity or lown, fcLt SrunTdue or payabTe to such person as money had and received to his use. 32 V. c. 36, a. 200. MISCELLANEOUS. 9ia. Kany person wilfully tears down, i^^^^es or defaces any advertisemSt. notice or other documeni, wh^h « re- Sed by this Act to be posted up m a public place for the in- STatioJ of persons intor^ted. he shaU, on conviction thereof InTtumma Jway before any Justice of the Peace having jun^ diction in the County, City or Town, be hable to a fine ot twenty dollars, and, fc deWt of payment, or for want of Municipality reaponnble for Buch moneys. Treasurer, etc., respon- sible to County, etc. Bonds to apply. Bonds to apply to school moneys, etc. etc. Penalty for tearing down notices, etc. Mm iillln*«i<— ——'''"*' VKMfaemnoWllliMBBK ' ' (Title XII- at, shall levy and 18 if the warrant t of Law, and he ime manner as is rits of execution. shall be account- leys collected for ndrod and fourth L moneys to the t. be responsible to d, that all moneys J County, City or n duly paid over 36, s. 197. ill be responsible lertothe County, fiven by them for oneys coming into or Town, shall be ntionedinthe two iforced against the 1 his part. 32V.c. ureties shall apply 8 Province ; and, in ) the responsibility like amount out of be payable to the lereof, or by suit or 5, 8. 199. It of the Treasmor, anty. City or Town, as money had and I, injures or defaces ment, which is re- )lic place for the in- L conviction thereof Peace having juris- liable to a fine of mt, or for want of Title XII.] assessment of property. Chap. 180. 291 sufficient distress, to imprisonment not exceedinj? twenty days. 32 V. c. 36, 8. 201. B J J 916. The fines and forfeitures authorized to be summarily Recovenr of imposed by this Act, shall, when not otherwise provided, be f^^ hSS^ levied and collected by distress and sale of the offender's goods by impoawL and chattels, under authority of a warrant of distress to be issued by a Justice of the Peace of the County, City or Town ; and, in default of sufficient distress, the offender shall be com- mitted to the Common Gaol of the County, and be there kept at hard labour for a period not exceeding one month. 32 V. c. 36. 8. 202. 917. When not otherwise provided all penalties recovered Application of under this Act shall be paid to the Treasurer to the use of the ^"""^^ Municipality. 32 V. c. 36, s. 203. SCHEDULE ♦'A." (-Sections.) FOEM OF VynOE BY NON-KESIDENT OWNEB OF LAND BEQUIBINO TO BB ASSBSSED THBBBFOB. To the Olerk of the Municipality of Take notice, that I (or we) own the land hereunder mentioned, and require to be asaessed, and have my name (or our names) entered on the Aaaeasment Roll of the Municipality of ((n- Ward of the Muni- cipality of ) therefor. That my (or our) full name (or names), place of residence and Post Office address, are as follows : — A. B., of the Township of York, shoemaker, Weston Post Officd (as the ease may be). Description of land (here gim such deacription as vnU readily lead to the identification of the land) . Dated the Witness, G. H. day of ,18 . CD. 32 V. c. 36, Sched. A. «iftsae«s»jAMam n /' « 0?^ ^2 G^t^V' ISO- MUNICIPAL MATTERS. [Title XII. •noigtpg Xnnwi mimowad )o jaqmnji •jnoq«x xy, moJi wioMad }o jeqnnifi flJitp }0 ■smoain aiqww? pm )C)jadaid \«aou8d pwj pJM JO ani«A m^X u ■anioa -m siqmw? pmj X^jodoid frooMBd jO 9im»A i«t«>X I ■amoom 8iq«x«x \ ■amoam vvm mtj^o jCjuadoid iwiowad |0 ani«A «3 •Xyiadoj d i«9j JO anfiA p^ox }0 pawd •X^adojd f»i qo«8 JO anpA BOAO) 'saiip ui 'no ^XP^Q JO »mw(«X •sdiqBUAOH m pawap mism jo jaqnmn N •0^9 *^aaj 'BaJiW jo Jaqrnnji J •0V» 'arooq '^o^i jo jaqmnji | ~aov)«TiS]mp laq^o JO aumbB '^aamyi 'noiwaonojj (looqog9!nuwlea)-g!(looqog I onqnj) • j tioBoeg looipg I ■^nepoM-tiofi I ■JKtOAO aq^ )oa n oii) mimioo UI panrea' nouad oaqA jaoMO JO waipp* pa» annifi •fTiddnooo JO aSy •tHw Bijamnj ao '?wnia» 'japxoqwnoq 'jeptoqaoij iiop«diUK>o jamo to ^1wdnooo jo anwji •jjoi no jaqom^ J liKl'lllil Ill'lllW [Title XII. 1^ — a Mil A ■"'— • - ■■ ' ■ Title XII.J a8SKS8MKNT of property. Chap. 180. 2M SCHEDULE "C." {Section 66, mib-»ectvm 14.) FORM or DBOLARATION BY PASTY OOMPLAININO IN PBB90K OP OVBBCH AROK t exempt from tax- ftt I have the means D. B. 36, 8ched. H. lAHtmO OF AN OTEK- lXablb inoomx : lenee, inumessi trade, in fvU, with place of declare that the true other than income, is bie said C. D., derived Title XII.] assessment of property. Chap. 180. and that the full amount for which *>• . said 0. D. is justly assessable, in respect of both personal property and income, is n n ii [IfthTe are debts m account of the property, iM .'That the said C. D. is Indebted on account of such persona property in the sum of ,J and that 1 have the means oFknowing, and do know, the truth of the matters hereinbefore declared. ^^ ^ ^ ^^ ^^^^^ j of , Esquire, Warden Esquire, , Send SCHEDULE " K." (Sectvyn 150.) FORM OF TAX DEED. To all to whom these PreaenU shall come. We . o**® &±r'^i Se County (or City ^^Town) of Greeting:— Whereas by virtue of a warrant under the hand of the Warden (or Ma^Jrri^B/al of^ the^^said County (or City^-Jown) bearmg^^ the thousand eight hundred^d levVToT^tnd heSSr ISroS'oTt^e t^:^ir^:p^e^^^y. Ms costs, the Tre. riofth;saidGou..y(orCityc. sell by pubUc auction to ^^^f^^ ^, |>^„, ,„, ^^^ arand-^eighfhundred an^ . together wiL costs: MavS a^«-- ^f^iheUfcounty (^ City or To^in^—^: K^S ^e ^n " Vfce Assessmer^t Act," and forthe consideration af ore- i^i^do hereby Krant, bargain and sell unto the said . , his heirs said, do.hereBy gra^^> t^ ^ land and premises contain- ed assigm., all^ th^^Jg^J^P^^S^J °(^e the iand so that the same may he readUy ident^ed.) In witness whereof, we, the said Warden (or Mayor) and Trewurer of the^Td County {or City or Town), have hereunto set our h««ds and affixed ■ the S of the skid County {or City or Town), tins day of , in th^vear of our Lord one thousand eight hundred and . ;and ihe C& of the County (or City or Town) Council has countersigned. A. B., Warden (or Mayor). [Corporate Seal.] C. D., Treasurer Gountarsigned, E. F., Clerk. 32 V. c. 36, Sched. C. 295 laiw ai i'. wwi uw uw c rti ii'liii M ' W i Mwrr if i rf-r i r 'I III 'i i f ii "" ! "— '"■""""^'i i " *" ■■""■*-^ s^ Chap. 181. MUKICIPAL MATTERS. [Title XII. 4. Sale of Intoxicating Liquors. '^^.t'- ,1J=By'u;.%u^o?pSeB for prohibiting «le of Uquor, p. 340. CHAPTER 181. An Act. respecting the Sale of Fermented or Spiritu- ous Liquors. Short title, b. 1. Interpretation of words : e. 2. " Equor," " Tavern lioenae," " Shop license," " License by wholesale." License Commissioners: Appointment of, s. 8. Powers of, 88. 4,5. Inspector of Licenses, s. 6. Issue of Licenses: When it may take ^aoe, s. 7. Under direction of Board, s. 8. Procedure to obtain license, ss. 9- 10- . .. Not to be granted for certain times and places, s. 11. Not to Oommissioners and Inspec- tors, ss. 12-U. Tavern Licenses: Number, Limitation of, ss. ^o-lo. Accommodation required, ss. 19, 20- „„ Security to be given, s. 22. Shop Licenses : Who may obtain, s. 23. Limitation of number, s. 24. Licenses by Wholesale : Issue of, ss. 26,26. No licenses necessary for sale of native wines, s. 27. Transfer of Licenses, 28. B«moval of licensee to different pre- mises, s. 29. . Where license lapses, re-issue for remainder cf period, s. 30. Duties payable : Amount of, ss. 31-33. License Fund, ss. 34-36. Regulations and Prohibitions : Idoense to be kept exposed, s. 37. Notice of license to be exhibited, ■•38. , , .^. ^ Li(^uors not to be sold without kcense, s. 39. Nor kept for sale, s. 40, Exceptions, brewers and chemists, ss. 41, 42. No sale on Sunday, or after seven on Saturday night, s. 43. Or from vessels in port, s. 44. Liquor sold under shop or whole- sale license, not to be drunk on premises, ss. 45, 46. Penuties : For taking money for ucense cer- tificate report, etc., s. 47. For issuing license contrary to Act, s. 48. In case of Municipal officers or members of Councils, ss. 49, 50. For sellingwithont license, s. 51. For sellu^ on Sunday or after seven on Saturday night, etc., s. 52. , ^ For keeping disorderly house, s. 53. For harbouring constables on duty, s. 54. For compromising prosecutions, SB. 55, 56. For tampering with witness, s. 57. Penalties not to be remitted or compromised, s. 58. Hf penaltiesreooverable, S.59. Application of penalties, ss. 60, 61. Powers of County Judge: Revocation of licenses improperly obtained, s. 62. Investigation of negligence of In- spector, 8. 63. Procedure in such oases, s. 64. [Title XII. iqvMS. ing sale of liquor, ed or Spiritu- ge to be exhibited, ) be Bold without I, de, B. 40. )wen and ohemista, iday, or after seven night, 8. 43. B in port, B. 44. ider Bhop or whole- not to be drunk on ,45,46. ney for licenBe cer- rt, etc., B. 47. ioenBe contrary to unicipal officers or Oouncdls, BB. 49, 50. hout license, s. 51. i Sunday or after aturday night, etc., disorderly house, s. ing constables on lising prosecutions, ; with witness, s. 57. i to be remitted or )d, 8. 58. B recoverable, s . 59. f penalties, ss. 60, 61. ty Judge: : licenBCB improperly .62. of negligence of In- 63. such cases, s. 64. TlTLt XII.] LIQUOR LICENSES. Chap. 181. Prosecutions : luformationB, how and within what time t<) be laid, s. 65. Any person may be prosecutor, s. License Commissioners ana in- spectors not to try complaints in their District, s. 67. Certain prosecutions before two Justices or a Police Magistrate, s. m. Prosecutions in other cases before one Justice or a Magistrate, ss. 69, 70. From convictions for selling with- out license, s. 71. In other cases, s. 72. Procedure in cases where a previous conviction is charged, s. 73. Form of informations and other proceedings, 8S.74, 75. Amendment of matters of form, ss. 76, 77. Evidence : License, how proved, s. 78. Kesolutions of License Commis- sioners, how authenticated, s. 79. When sale of liquor will be pre- sumed, s. 80. Consumption to be proof of sale, s. 81. .^ , Light in bar-room, evidence or a sale, 8. 82. Occupant of premises liable to pe- nalties, 8. 83. Certain presumptions conclusive unless rebutteid, s. 84. Defendant to prove lioense, s. 85. Compellinf attendance of witnes- ses and production of docu- ments, 88. 86, 67. Oi^il Remedies against Innkeepers : For suicide, drowning, etc., of in- toxicated persons, s. 88. For assault by intoxicated person, 8. 89. ap- ap- Notice may be given not to supply liquor to inebriates, s. 90. Liability if notice disregarded, s, 90. Money paid on illegal sale of li- quor, may be recovered back, 8. 91. Officers to enforce the Law : Lieutenant-Governor may point, s. 92. License Commissioners may point, s. 93. Powers and duties of, s. 94. Powers and duties of officors and of County Attorneys, s. 94. Right of search given, s. 95. Search warrant may be granted, s. 96. _ Officers must prosecute, s. 97. Licenses in Territorial and unorga- nized Districts : Act to apply and Stipendiary Ma- gistrate to try cases, s. 98. License Districts may be formed, 8. 99. T.. . . X Appeals in such License Districts, s. 100. Appointment of Commissioners and Inspectors where no Li- cense District formed, s. 101. Duties payable in such case, s. 101 (2). Issue of Licenses, s. 102. Powers of Municipal Corporations, 8. 103. ^ ^ Municipalities in which the Temper- ance Act is in force : Not affected by this Act, s. 104. But Commissioners and Inspector may be appointed for County, S.105. Duties of, 8. 106. Wholesale licenses necessary, s. 107. Prosecutions in such places, s. 108. Expenses in such cases, s. 109. Schedules of forms, p. ^1. 297 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontano, enacts as follows :— . * 1. This Act may be cited as " The Liquor Uceme Act" short title. INTERPRETATION. a. In this Act ^e words and expressions following shall be interpreution construed as follows : — ■«mm0mm**m I to II I 298 '^»P- ■"*^- MrNirTPAT. MATTBRS. [Title Xll. . . „ n ^ " T iaiiora " or " Liquor " shall l>f' constrned to mean and Intodcating. 87 V. c. 32, s. 1 . (-2) "Tavern license" shall be conitrued to mean a license for H«\lin/bartering or trafficking by retail in fermented, spn- tuous or otheT W^ i" quantities of less than one auart, wK.ch mayrd^unk in the inil. ale or beer-house, or other house of public entertainment in which the same liquor ts sold. 87 V. c. 32, «. 2. •Tawm M- "Iko^U- "LiotDN by whoUMle." Liquor In rq^ "Shon license" shall be construed to mewi a license for B.ffg bartering rtrafficking by .^tail in such liquors m shops Sm^s or places other than Tnns. ale or beer-houses or other hois ; of pS entertainment, in q^^n^i^- -^^T^f '^^^ half-pints at any one time, to any o"- person, and at th« time of safe to be whJlly removed and.taken away, in quantities not less than throe half -pints at a time. 37 V. c. az, s. ». a V " License by wholesale " or " Wholesale license " shall l^ coiltrued to mean a Ucense for selling, bartenng or trafficking, riSesale onfy. in such liquors in warehouses stores, shops o?,jLes otLr tLn inns, ale or beer-houscs. or other houses of J^fcertalnmont, in quantities -Uess than five^o^^^^ each cask or vessel at any one time ; and in any case where sucn semnrby wholesale is in respect of bott ed ale, poi^' ^ee^ wRr other fermented or lPWt"o"« ^uorv ea^i such ^^^^ Than be in quantities not less than one dozen bottles of atieaat three half-pints .ach, or two dozen pottles of at lewt three- fourths of one pint each, at any one time. 37 V. c. 32. b. * LICBNSB COMMISSIONKRS. a There shall be a Board of License Commissioners to be co*iI^7S.1fr.o- to be •Pf-'J^^ifuirof Kv the Lieutenant-Govemor for each City, Uoumy, union ui SuntieiTEXal District, as the Lieutenant-Governor may Iwnk fit • and any two of the said Commissioners shall be a Quo^ ind eSf them shall cease to hold office on thethirty- nTy Toecember in each year, l>«t ^e may be reappom^. : md the said office shall be honorary and without any remunera tion. 39V.C.26.8.1. >!.0 V. c. 18, s. 1. .^ A The License Commissioners may at any time before the SSS^o?- firs1d^ofMa7ine«ii year, pass a rejolut^or^ol^J^^ ~ S relating ind determining the matters following, that is tosay: , LieeuM Gom- [Title Ali. to mean and all combina- ids which are nean a license mented, spiri- e quart, wrleh other house of is 8old. 87 V. ji a license for quors in shops, Quses, or other less than thi-ee nd at the time I quantities not I, s. 8. cense" shall be I or trafficking, !8, stores, shops, other houses of I five gallons in case where such le, porter, beer, , each such sale )ttles of at least at least three- V. c. 32, 8. 4. (nissioners to be >m time to time mnty, Union of t-Govemor may oners shall be a ice on the thirty- be reappointed ; t any remunera- time before the >n or resolutions allowing, that is :iations requisite he Municipality, liquors, and also Municipality, of ViTLB XII.] LiqUOIt MCKN3ES. Chap. 181. 299 iviag such liquors in shops or places other than tavemo, inns, ale- houses, beer-houses or places of public entertainment ; (2) For limiting the number of tavern and .shop licenses re- limltit^ spectively, and for defining the respective time.s and localitieH «*^,2|L -»« within which and the persona to whom such limited number *°""' may be issued within the }'oar, from the first day of May of one year till the thirtieth day of April inclusive of the next year ; (3) For declaring that in Cities a number not exceeding ten KkmUm persons, and in Towns a number not exceeding four persons, '*■'"" "•'** qualified to have a tavern license, may be exempted from the noceaaity of having all the tavern aooommodation required by law; (4) For regaiaUng the taverns and shops to be licensed : (5) For fixing and defining the duties, powers, and privilege! of the Inspector of Licences of their Diftrici 87 V. c. 32, s. 9 ; 89 V. e. 26, a. 4 A. In and by any such resolntion of a Board of Lioenae Oom- r, miiBioners, the said Board may impose penalties fbr the infirac- ^ tkmihenof. 87 7.0.82,8.48 ^ '^ INBPKTOB 0? UCSNSm %, An Inapeetor of Licenaes shall be appointed by the laen- Imate ^r tenani-Qovemor from time to time for eacn City,Connty, Union ^"^|]'-^*^ of Counties, or Electoral DistrictastheLieutenant-Oovemor mav mS^n »ad think fit; and each Inspector shall, before entering upon hiB^g^|^**^ duties, give such securitv as the Treasurer of the Province may require for Uie due pertoi-mance of his said duties, and for the payment over of all sums of money received by him according to the provisions of this Act ; and the salary of each Inspector shall be fixed by the Lieutcnont-Qovemor in CounoiL 39 V.c. 26,8.8; 40 V. e. 18, 8.1. nSUB OF UCENSES. 7. The Ideutenant-Qovemor in Council may direet the issue of licenses on stamped paper, written or printed, or partly written and partly printed, of the several kinds hereinoefort mentioned ; and the said licenses shall be signed by the Tre»> surer of this Province, and dated as of the first day of May in each year, and shall thence continue in force for one year, and shi^ expire on the thirtieth day of April in the next enaninf year. 2. After the first of May tavern and shop licenses may be Afuv issued between the first and fifteenth days of May in each **' ^^y year ; and licenses by wholesale may be issued between the first and lastdays of May in each year ; and all such licenses shall be deemed to have been issued on the said first day of May. MriMMMMM WW— witiiHi 300 In iit)ecial CM«I. LioenRei, how iuued. VeitMl Lioenneii. Nil tavern or Hhop HceiMe to be granted except upon petition and reixirt thereon. Chap. 181. MUNICIPAL MATTKaS. fTlTLK XII. Report to b« filed. When petition for license to be •entec epr ed. Report not to be conclusive. May be dis- pensed with. Mode of pro- «edare for ob- 3. When: Hpiicial ^roiindH arc Hhuwii, thu LiccnM; ConimiH- sionurH may iliruct one or iiiuru licunHOH to isHiiuatany tiiiiu after tho said HrHtday of May, if witliin tliu limit authorizuii l)y this Act. 37 V. c. 32, H. 5 ; 3U V. c. 26, «h. 4 & 24. H. Every licenno Hhall he imuotl, under thu direction of the roHpective Boards of LicenHe ComnuHsionerH, by the In.spec- tor of LicenseH for the License District in which the tavern, shop, warehouse or other place to whicli the licenHo is to apply is situate, except in the case of licenses for vessels, which may be issued under the direction of the License Commissioners by the Inspector of Licenses for any License District to or from any port in which the vessel sails, or at any port in which she calls. 37 V. c. 32, s. 8 ; 40 V. c. 18, s. 2. 9. A license to sell spirituous, fermented or other manu- faotured li(iuors, by retail, in any tavern, alehouse, beer- house, place of public entertainment or shop, shall not be granted except upon petition by the applicant to the License Commissioners of the District in which the license is to have cft, praying for the same ; nor until the Intipeotor, to be ap- poiniMea as hereinbufr otherwiw* approve«l of by the LicenHo (JomniiMsiomfrH, the said I/ioi-nso ('omuuHHionerH may grant HUch applicant a corti- ficat«! ufid«!r the handn of any two of them, Htating that ho \h otitif.led to a licenHo for a certain timo.and for a certain tavern, inn, hoiiflc or place of public entertainment or shop within the Municipality, to 1>o mentioned in HUch certificate. See 37 V. c. 32, s. 14; 39 V. e. 2(J, H. 11. 2. The license duty shall then be paiil by the apnlifftnt into such bank as may bo designated by the Provincial Tre»wur»tr, to tho credit of the " License B'und Account," for tho Licenitfe District ; and upon production by tho applicant to the Inspec- tor of the certificate of the License Conunissioners, together with a receipt shewing payment in full of the duty to the credit of the License t und Account, tho Inspector may issue tho license authorized by the Conunissioners. 40 V. c. 18, s. 28. 11. The License Commissioners shall not grant any wrtificate No Uoende to for a license, or any certificate whatsoever, wli(;?pby any pi-rson ''*J^i''"h"'eg' can obtain or procure any license for the sale of splrifciious, fer- and places. mented or intoxicating liquors, on the days of the Exhibition of the Agricultural Association of Ontario, or of any Electoral District, or Township, Agricultural Society Exhibition, either « on tho grounds of such Society, or within the distance of three hundred yards from such gi'ounds. 37 V. c. 32, s. 14. 19. A tavern or shop license shall not be granted under the No licenae to provisions of this Act or any other Act of tne Legislature of ^^^"g^^^ Ontario respecting the sale of spirituous or fermented liquors orln8i)eotor. to or for the benefit of any person who is a License Commis- sioner or License Inspector, and every License so issued shall be void. 40 V. c. 8, s. 76. 13. A tavern or shop license shall not be issued under the License not to provisions of this Act or any such Act for premises within any be iwued for License District of which any of the License Commissioners or o^^by guch of the License Inspectors for such District is the owner, and person in Ub every License Commissioner who knowingly issues, and every ^•''*^''*' License Inspector who knowingly recommends the issue of a license for any such premises, contrary to the provisions of this section, shall incur a penalty of five hundred dollars. 40 V. c. 8, 8. 77. 2. The preceding sub-section shall not extend or apply to Last sub-sec premises owned or occupied by a joint-stock company in which tion not to a License Commissioner is a shareholder, but in every such case ^^winwUoh the License Commissioner shall not, under a penalty of five commisBioner, hundred dollars, vote upon any question affecting the granting h^iiar.*''**'^ __. :J 302 Chap. 181. MUNICIPAL MATTERS. [Title XII. of a license to the company, or for premises owned or occupied by it. 40 V. c. 8, s. 78. 14. Subject to the provisions of this Act as to removals and \d%CrL the transfer of licen-ses, every license for the sale of liquor .shall hicB it waa y^^ ^^^l^\ to be a license only to the person therein named and tor License limit- ed to person and place for which it waa ^^ ]^^,l^\ to be a license only to the person T^ctloVit the premises therein described, and shall remain valid only so 29. long as such person continues to be the occupant ot the said premi.se8 and the true owner of the business there earned on. 40 V. c. 18, s. 5. tavern licenses. Number. Limitation of 13. The number of tavern licenses to be granted in the licenses. respective Mtnicipalities shall not in each year be in excess ot In citie8,town8tj^e following i;niitation8: in Cities, Towns and incorporated and viUages. yjjj respectively, according to the following scale, that is to say, one for each full twb hundred and fifty of the first one thousand of the population, and one for each full four hundred over one thousand of the population ; but in no case shall this limit authorize any increase in any Municipality m excess ot the number of licenses therein issued for the year ending the first day of March, one thousand eight hundred and seventy-six, unless from the future increase of the population the License Commissioners think a larger numberhas become necessary, but not in any case exceeding the limit imposed by this Act ; In viUages 2 In incorporated Villages, being County Towns, the limit S^nt'^t^wns may be five in number, and in the Town of Clifton three hotels near the Falls of Niagara, which may be licensed, may be ex- cluded from the number which would otherwise be the maxi- mum limit under this Act. 39 V. c. 26, s. 2. Manner of de- 10 The number of the population which is to detei-mine the poTuli*^' number of licenses at any time under this Act .shall be ac- with a view to cording to the then last preceding census taken under tlie the number of ^^thority of the Dominion of Canada, except where the License ''*"'^' Commissionei-s are at any time of opinion that, owing to a large increase of population since such census, an increased number of licensed taverns is needed for the convenience and accommodation of travellers ; and in that case, if the License Commissioners so certify, and the Council o*' the Municipality memorialize the Lieutenant-Governor for an ipcrease of the number of license taverns, the Lieutenant-Governor in Council may authorize a new census to be taken under the a,uthority of a by-law of the Municipality and at the expense of the Municipality, and the limit for the number of licenses shall thereafter, upon each such new census, be one for each full two hundred and fifty of the population under one thousand, and one for each five hundred over one thousand of the population. .,-^j,,,.gTO W.».^w a v«gj«m' ' Wt< L t.. i *.w. u aAii-jJW^ i». — ^ "i " ' — r.^.- te-w S t E?"-"- [Title XII. d or occupied removals and of liquor shall aamed and for . valid only so t of the said re carried on. ranted in the be in excess of 1 incorporated scale, that is to f the first one I four hundred case shall this Y in excess of ar ending the nd seventy-six, •n the License ! necessary, but bhis Act ; »wns, the limit on three hotels id, may be ex- ie be the maxi- I deteimine the it shall be ac- ien under the ere the License it, owing to a 3, an increased jnvenience and , if the License e Municipality pcrease of the •nor in Council the authority expense of the »f licenses shall )r each full two 3 thousand, and the population. Title XII.] LIQUOR LICENSBS. Chap. 181. 3U3 2. lu CM* of the alteration or formation of any Municipality J»2!S^,r subaeqaent to sucii census of the Dominion of Canada, the £oroi»tio« of population of such Municipality, for the purposes of this Act, inuid«p»ilty may be ascertained by the said Commissionera by reference to the enumeration on which such census took place, or by a new census taken under the provisions of this section, 3 Where, since the said Dominion census, a census has been 2^*°*P"' taken in any Municipality under the authority of the Council having iurisdiction, tlie limit may be the same as m the case of a census taken under this section for the purposes of this Act 39 V. c. 26, 3. 3. 17. The CouncU of every City, Town, Village or Township Co«di m*r may by by-law to be passed before the first day of MarcL in any year, limit the number of tavern licenses to be issued therein for the then ensuing, license year, beginning on the first day of May, or for any future license year until such by- law is altered or repealed, provided such limit is within the limit imposed by this Act ; 2. The Council shall cause a certified copy of such by-law to g^^!^ be sent immediately after the passing thereof to the License tobe««t». Commissioners of the District in which the Municipahty i8Co«mtai<«. situate. 39 V. c. 26, s. 2 (3). 18. In any case where the License Commissioners of any LUriud^ License District do not think fit, or are unable to grant a new license to any applicant who has been Uoensea during the preceding twelve months, or any part thwe?i, they may, nevertheless, by resolution, provide for extendinj? the duration of the existing license for any specified period ot the year, not exceeding three months at their discretion, upon pay- ment by the applicant, of a sum not exceeding the proportionate part of the duty payable for such license for the then next ensuing license year; and such license, when a certificate ot the extension aforesaid has been endorsed thereon, under the hand of the Inspector of Licenses for the License District, shall remain valid for the period specified in the resolution of the Commissioners, and no longer : but this provision shall not be construed to confer on the License Comm-jsioners any autho- rity to exceed the limit prescribed by this Act as to the number of tavern licenses to be granted in any year, except in (cities, where the License Commissioners may in their discretion, hav- ing regard to the particular circumstances of the <^"y, and ol each application, grant further tavern licenses, but within the number of such licenses granted for the year ending on the thirtieth day of April, 1877, and except in a locaUty largely resorted to in summer by visitors, where the License Commis- sioners may, if they think fit, grant one additional tavern license, but not to extend beyond six months commencing on the first day of May in each year. 40 V. c. 18, s. .i6. 804 Chap. 181. MUNICIPAL MATTERS. A ccommodation. [Title XII. .«.™^ I.. Every t.vejn » '^ roSniS d'^rrili^Xtontf,- ance of the license % lu^ „ao nf fhe family of the tavern or what may be needed for the use ^^ ^he JamUy^^^^^^ ^,^^ .^ inn-keeper, not ess tl^^-" J^"'! *! „/ ^edL furniture,, every case, a suitable complement ot bedding a axid (except in Cities and ^"<^«T>^^^^^,^;^^^^^^^^^^ at lea.t ' attached to f^, ^^^ -iTn^r T^^^^^^^^^ Lt apply to Z^Zl^L^o^^'^^ th'l third sub-section of section four of this Act. «..^. 2. Such tavemor '-^^t' !i™ ^^ C o""« ^^^ Council. 37 V. c. 32, s. 12 ; 40 V. c. 18, s. 6. QA T« nilrlition to the accommodation required by the last Bwwuvem SiO. In addition lo wie m. entertainment shall «M ThP Touncil of any City or Town may, by by-law to be p^edl^lo^eXtt da^ of ViZronnh;Ktry': L then ensuing license ^^^^^Tffe^ SelSwo pre- May, a^y requirement in add^ion^^^^^^^ ceding sections mentioned, as to^cmjd ^^^,^ year and any future year until repealed. 39 V. c. zo, Security to be given. City or town council may prescribe further requirements as to tavern. tavern Ucensee. [Title XII. ) licensed u^d^^ ring the continu- n, in addition to of the tavern or ogether with, in g and furniture,, there shall aiso be ibling for at least ball not apply to lection of section , of, and shall not ) or store wherein >rovisions are kept sly to taverns in of the Township squired by the last ntertainment shall mimissioners, tobe (dth the appliances J ; and the require- rems or houses of ever, and continu- S9 V. c. 26, s. 5. y. by by-law to be year, prescribe for m the first day of in the last two pre- ,tion to be possessed 3 the Council may a receiving a copy rve the provisions full force for such 39 V. c. 26, 8. 6. ted, the person ap- md to Her Majesty ro good and sufficient r) in the sum of one paymeat of all fines ined to pay for any on in the nJ^ture of 5 entertainment then rf orm and observe all Title XII.] LIQUOR LICENSKS. Cliap. iHl. 306 the reciuirementH thereof, and to conform to all by-laws and veguiatious that amy bo established by competent a>itlu)rity in such behalf, and such liond shall be in the words or to the etiect of Schedule A to this Act; and when executvd, shall be tiled in the office of the Inspector of Licenses, to be by him trans- mitted to the office of the Provincial Treasurer. 30 V. c. 26, 8.7. SHOP LICENSES. 33. A shop license shall not be granted to any person unless Sh.-ij^ Ucenses, he has filed his application with the Inspector (m or before ^V^^^'"" the fii-st day of April in that year, an- Municipality in which the license applied for is to have eflect, wholesiife. shall issue to any applicant, upon a requisition therefor signed by him, and after payment to the Inspector of the proper duty thereon, a licease for selling fermented, spirituous or other liquors, by wholesale only, in his warehouse, store, shop, or place to be defined in said license, and situate within the said Muni- cipality, and such license shall be deemed a license by whole- , sale within the meaning and subject to the provisions of the 20 riiBBaaaiai 'iii l »^ i W i r"W M ariirr ' a^as 306 Chap. 181. MUNICIPAL MATTERS. fourth sub-section of the second section of this Act 32, s. 15 ; 39 V. c. 26, s. 14. [Title XII. 87 V. c. Begulktiona M to iwa« of wholesalt UoeiiNt. 11 <-w. Wholesale licenses may be issued at any time during the year after the License Commissioners of the District in which such license is to have effect, have directed the same to be granted, and shall be strictly limited to persons who carry on the business of selling by wholesale or in unbroken packages, and any wholesale license so issued shall be and become void in case the holder thereof, at any time during the curreuiiy of the said license, directly or indirectly, or by or with any partner, clerk, agent or other person, carries on, upon the premises to which such license applies, the business of a retail dealer in a^ other goods, wares or merchandize. 40 V. c. 18, s. 29 ; 39 V . c. 26, s. 14. Mwnf«o. 97. Manufacturers of native wines from grapes grown and tj«r«of nativ. ^Q^^^g^j ^^ Ontario, and who sell such wines in quantities of rot less than one gallon, or two bottles of not less than three half -pints each at one time shall be exempt from any duty under this Act, and shall not be required to obtain any license for so selling wines so manufactured. 89 V. c. 26, s. 16 ; 40 V. c. 18, s. 37. TiUkN3FER OF LICENSES. tnadm of 38. In case any person having lawfully obtainea a license **•*"■* under this Act before the expiration of his license dies, or sells, or by operation of law or otherwise assigns his said business, or removes from the house or plac in respect of which the said license applies, his said license shall, ipso facto, become for- feited, and be absolutely null and void to all intents and pur- poses whatsoever,— unless such person his assigns or legal representatives, within one month after the death, assignment, or removal of the original holder of such license, or other period in the discretion of the License Commissioners of the District in which the said license has effect, obtains their written con- sent either for the continuance of the said business or to transfer such license to any other ])ers,on, and thereupon forthwith transfers the same to such other person, who.under such transfer, may exercise the rights granted by such license, subject to all the duties and obligations of the original holder thereof, until the •xpiration thereof, in the house or place fo. hich such license was issued and to which it applies, but in no other house ov place. 40 V. c. 18, s. 6. 2. In every such case of transfer of a tavern license, the pei - son in whose favour any such transfer is to be made shall fii-st produce to the License Commissioners a report of the In- spector similar to that mentioned in the ninth section of this Act. 40 V. 0.18,8. 7. Un tranafer of tovern Ucenss new report Mowawry. ■bVlLi ii.il^ I [Title XII. Act. 87V.C. ime during the strict in which he same to be s who carry on )ken packages, become void in currently of the th any partner, he premises to il dealer in any L8, s. 29 ; 39 V. apea grown and in quantities of ; not less than it from any duty tain any license 26, s. 16 ; 40 V. minea a license inse dies, or sells, lis said business, jf which the said do, become for- intents and pur- assigns or legal jath, assignment, e, or other period s of the District leir written con- less or to transfer eupon forthwith der such transfer, subject to all the bereof, until the hich such license o other house ov I license, the pei - ;o be made snail report of the In- h. section of this Title XU.J LIQUOB LICBNSEa REMOVAL OF LICENSEE. Chap. 181. 307 M. Any Inspector of Licenses may, after resolution allow- J*}^^'^' ing the same, of the License Commissioners, endorse on any eouMnt'to " tavern or shop license permission to tho holder thereof, or his J««>»val of ^ assigns or legal representatives, to remove from the house ^^ ^^^j^,/ to which his said license applies to another house to be des- house, cribed in an endorsement to be made by the said Inspector on the said license, and situate within the same Municipality, and possessing all the accommodation required by law. 2. Such permission, when the apjiroval of tlio said Inspector Effect of such is endorsed on the said license, shall authorize the holder of the •=»°""*- said license to s'ell the same liquors in the house mentioned in the endorsement .luring the unexpired portion of the term for which the said license was granted, in the same manner, and upon the same terms and conditions; V>ut no such permission shall be granted unless and until the person applying therefor has filed with the Lici . :«o Com missi oners a report of the In- spector containing the information rcijuired by law in case of application for a license, and any bond or security which such Bondto»pply. holder of a license may have given for any purpose relative to such license, shall apply to the house or place to which such removal is authorized, but such permission shall not entitle him to sell at any other than this one place. 37 V. c. 32, s. 18 ; 40 V. c. 18, s. 8. WHERE LICENSE LAPSES. 30. In case for any cause the license becomes void, or in How licenses case the term or interest of the holder of a license in the pre- "i^onMSe- mises licensed ceases before the expiry of the license, or if such where for »iiy licensee absconds or abandons the premises, or becomes insol- «»^^ ^"^^^l;^^ vent, the License Commissioners may grant a new license for void, &c, the same premises, subject to the provisions of this Act, upon such terms as to the payment or refund by the new licensee of the duty tor the unexpired period to the person entitled thereto under the original license, as to the License Commissioners may seem just. 40 V. c. 18, s, 9. DUTIES PAYABLE. 31. The following license duties shall hereafter be payable, DutieB. and shall be in lieu of all others, Provincial or Municipal— that is to say : 1, For each wholesale license, the sum of one hundred and fifty dollars : 2. For each tavern license in Cities, one hundred dollars ; in Towns, eighty dollars ; in other Municipalities, sixty dollaisi iMi r' liiii ir i fn iiiir"- - r- « i I 308 Chap. 181. MUNICIPAL MATTERS. [Title XII. Rev. Stot. c. 174. 3 For each .shop license in Cities, one hund e .lollais , ^ ^ in Towns, eighty dollars ; in other Municipalities, sixty dollars ; 4 For each license for ^ vessel navigating the waters ofthi^ Province, one hundred dollars. 39 V. c. 20, .ss. 10 (1) L 20. Council .ay 33. The Council of any Municipality niay ^;y l;y-;.-^;J;;^^ *200,butnot larger duty to be paid toitavtnoisnoi unless the *^"^"'^- vS d by" mjSSpd Itr with respect to by-laws wh^^^^^ ^ before tLir final passing require the assent of the electors of the Municipality. 2 Such by-law shall take effect from the passing thereof, and continue^in force for any future year untd repealed. 3 Anv bv-law so approved shall not be varied or repealed ulsf tYe.vLying or S,.s^n, by-law has been in like n— s. 27. When duties S3. In any Municipality where, by virtue of any ^1^^^ ^^ ™xceld that behalf passed under the provisions of any foiiner Act a the Ht.vtntory f„ !„„!'''it„ or duty in the whole than that mentioned in section figure tliey are larger sum or uuuy in ti FebruaiT one thousand not affected, thiity-one was on the tenth day ot Jeuruaiy, " eight^hun.lred and seventy-six, payable for any «^^«P « ^^^ license such sum or duty shall be the lowest duty payable under thTs Act for any such license, until altered by by-law of he MlicfpaUty to l.e passed for the purpose, but m no ca^e sha I SieZty be under the amount in the said section specially pie- scribed. 39 V. c. 26. 8. 10. (3). LICENSE FUND. The duticB, 34 All sums received from duties on tavern, shop and whole- fines and ,.en- **^: -*" **" , rf.<^pivpd bv the Inspector for fines and penal- ffi^e^n^r t£ STf^ Ardent F^^ of L City, County Union of '^-'- SnUes or Xctoral District respectively for which the Board of License Commissionei-s has been appomted. 39 V. c. 20, 8.19. AjHJlication of tie I?und. 2 The License Fund shall be applied, under regulations of the Lieutenant-Governor in Coxincil, for .^^^ P^-^^^^^^^^^^ »io,.Ar onrl PXTienses of the Inspector, and for the Expenses oi he office ofTnZard and of o^fficers, and otherwise in carry- tl ?he pro' : io.As of the law into etiect, and the residue on the Zrtieth da^ of June in each year, and at such other times as 'Xt pi Jcribed by the regJations of tl- .^i-^^^^^^^^^ nor in Council, shall be paid over,-one-third to the ireaaiirei l aii Hra fc r > ni . . * r i^i a ii Mig » [Title XII. )llars ; sixty dollars ; waters of thi« s. !«(!)& 2(J. by-law to bo jar, require a s therein, but ole, unless the c manner pro- sy-laws which the electors of issing thereof, epealed. ied or repealed in like manner of the Munici- ) ; 40 V. c. 18, any by-law in former Act, a ioned in section , one thousand shop or tavern y payable under Y by-law of the in no case shall »n specially pre- shop and whole- fines and penal- :;ounty. Union of whicli the Board ed. 39 V. c. 26, er regulations of payment of the V the (5xpen8es of herwise in carry- he residue, on the ch other times as jieutenant-Gover- l to the Treaswer Title XII.] LIQUOn LK'KNSES. Chap. 181. no9 of the Province, to ami for the use of the Provmce and the other two-thirds to the Treasurer of the City, Town, Vdlage.or Town- ship Municipality in which the licensee prem.si^ are respec- tively situate ; but in cases where any Municipality by by-law requires a larger duty in the case of tavern or shop licenses to Tpai'l than L specificsum mentioned in the th rty-fii.t section for any license, th.> whole of such excess shall .e paid ovei to the Treasurer of such Municipality. 39 V. c. 20, s. 19. 3. Cheque.-, upon the Licen.se Fund Account shaU be drawn Che^- Jo„ bv the Inspector, and countersigned by the Chairman, oi any y„„,, Ac- two of the License Commissioners, subject to the re^ilations cunt. of the Lieutenant-Governor in Council. 40 V. c. 18, s. 28. 9S Any penalty in money recovered under this Act, in cases Application of in which an Inspector is the prosecutor or complainant, .shall be ,, i„,,,ec. pai^ by the convicting Justice Justices or ^ff%^ff^^^^^ Z!" ''"'"'''■ the Inspector, and paid in by him to the credit of the License Fund Account " ; 2. In ca.se the whole amount of the penalty and costs is not Where^the^^^^ recovered the amount recovered shall be applied, hrst, to the ^„d coKtn are payTent of tJie costs, and the balance shall be appropriated as not recovered. hereinafter mentioned. 3 In any case where the Inspector .has prosecuted and ob- 2^«^,*°''*« tained a conviction, and has been unable to recover the amount recovered. of cSts the same shall be made good out of the said License Fund. 4. In any case where the Inspector ha« prosecuted and failed Indemnity of t« obtain a conviction, he .shall be indemnified agauist all costs ^herel.e fails iTthe License Fund, should the Justice, J-tices or PoJ| to^oUa;n^a Magistrate before whom the complaint is made certify thTt 8uch officer had rea-sonable and probable cause for prefernng such prosecution or complaint. 39 V. c. 26. s. 1». 36. AU moneys received for vessel licenses shall belong to JW^ Her Majesty. an.l be paid over to the Treasurer of the Province. 39 V. c. 26,s. 26. REGULATIONS AND PROHIBITIONS. ' 37. All licenses shall be constantly and ^^onsip^^on^lyex- ^^^^^^ posed in the warehouses, shops or in the bar-room of taveins, Sins, alehouses, beerhouses or other places of public entertain- ment, and in the bar-saloon, or bar cab m of vessels, under a P^ty of five dollars for every day's wilful or negligent omis- F-^*^- ^on so to do, to be recovered witK cost^ from the mercW; ^ shopkeeper or tavern, inn. alehouse or beerhouse-keeper or r, i>.5a:»^*.*iM.^fc, gj^ Chap. 181. MUNICIPAL MATTIBS. [Title XIT. keeper of any other place of public entertainment, or master, captain or owner of the vessel so making default. 37 V. c. 32, 8.8. Tateni keep- 8S. Every person who keeps a tavern, or other place of publio *>» *• "fv^- entertainment, in respect of which a tavern license has duly Hm^ issued and b in force, shall exhibit over the door of such tavern inn, alehouse, beerhouse, or other place of public entertainment, in large letters, the words " Licensed to aellvfine, beer, and other $pirituovis or fermented liquors" and in default thereof shall Feuaty. be liable to a penalty of five dollars, besides costs. 37 V. c. 32, 8.19. Nopenon ■h»D«eU U- auon without 39. No person shall sell by wholesale or retail any spiritu- )U8, fermented, or other manufactured liquors without having irst obtained a license under this Act authorizing him so to do : but this section shall not apply to sales under legal pro- cess, or for distress, or sales by Assignees in Insolvency. 37 V. c. 32, s. 24. 2. -.o person unless duly licensed shall by any sign or notice hold himself out to the public that he is so licensed ; and the use of any sign or notice for this purpose is hereby pro- hibited. 40 V. c. 18, 8. 11. PenoMBotto 40. No person shall keep or have in any house, building, keep»pirita- ^-^0^^ eating-house, saloon, or house of public entertainment, quoiSfoiwile or in any room or place whatsoever, any spirituous, fermented nnleuiiceiiMd. ^j. ^^j^gj. manufactured liquors "or the purpose of selling, barter- ing or trading therein, unless iuly licensed thereto under the provisions of this Act. 37 V. c. 32, s. 25. LMttwapw- 41. Sections thirty-nine and forty shall not prevent any ceding »ectioni brewer, distiller, or other person duly licensed by the Govem- bw^A!?te.!° ment of Canada for the manufacture of fermented, spirituous, or other liquors, from keeping, having or seUmg any hquor manufactured by him in any building wherein such manufac- ture is canied on, provided such building forms no part of and doesnot communicate by any entrance with any shop or premises wherein any ai-ticle authorized to be manufactured under Such license is sold by retail, or wherein is kept any broken pack- age of such articles. 2. Such brewer, distiller or other person is however further required to first obtain a license to sell by wholesale under this Act the liquor so manufactured by him, when sold for consumption within this Province, under which license the said liquor may be sold by sample, or in orijpnal ^ekages, in any Municipality, as well as in that in which it is manufac- tured ; but no sudi sale shall be in quantities less than thoM prescribed in sub-section four of section two of this Act. 37 V. c. 32, 8.26. *an [Title XII. ^nt, or maater. 37 V. c. 32. Iplace of public pense has duly J of such tavern lentertainmfnt, \beer, and other \t thereof shall 87V.C.32, 1 any spiritu- -.rithout having zing him so to ider legal pro- alvency. 37 V. y sign or notice ensed ; and the is hereby pro- house, building, entertainment, uous, fermented ' selling, barter- )reto under the ot prevent any by the Govem- ated, spirituous, ing any liquor such manufac- s no part of and ihop or premises ired under Such f broken pack- owever further wholesale under when sold for ch license the il paokages, in it is manufac- ess than those his Act. 87 y. Title XII.] LIQUOR LICENSES. Chap. 181. 311 49. The said sections numbered thirty -nine and forty of Nor to ohem- this Act shall not prevent any chemist or druggist duly re- ***■• ffistered as such under and by virtue of " The Pfuirmacy Act" Rev. sut. c. from keeping, having or sellmg liquors for strictly medicinal ^^'^ purposes, and then only in packages of not more than twelve ounces at any one time,except under certificate from a registered medical practitioner ; but it shall be the duty of such chemist or druggist to record in a book, to be open to the inspection of the License Commissioners or Inspector, every sale or other disposal by him of liquor, and .Huch record shall show as to every sucn sale or disposal, the time when, the person to whom, the quantity sold, and the certificate, if any, of what medical practi- tioner, and in default of such sale or disposal being so placed on record, every such sale or disposal shall, pi-ima facie, be held to be in contravention of the provisions contained in the said thirty-ninth and fortieth sections of this Act. 37 V. c. 32, 8. 27 ; 40 V. c. 18, s. 12, 48. In all places where intoxicating liquors are, or may be, sold by wholesale or retail; no sale or other disposal of the said liquors shall take place therein, or on the premises thereof, or out of or from the same, to any person or persons whomsoever, from or after the hour of seven of the clock on Saturday night till six of the clock on Monday morning thereafter, and during any further time on the said days, and any hours or other days during which, by any statute in force in this Province, or by any by-law in force in the Municipality wherein such place or places may be situated, the same, or the bar-room or bar-rooms thereof, ought to be kept closed, save and except in cases where a requisition for medical purposes, si^ed by a licensed medical practitioner, or by a Justice of the Peace, is produced by the vendee or his agent ; nor shall any such liquor, whether sold or not, be permitted or allowed to be drunk in any such places during the time prohibited by this Act for the sale of the same, except by the occupant or some member of his family, or lodger in his house. 37 V. c. 32, s. 28 ; 40 V. c. 18, s. 13. All pUoeB where intoxi- cating liqnon sold to be closed from seven o'clock on Saturday night till six o'clock on Monday morn* ing. Exception. 44. Where a license is issued, under this Act, to authorize Sale of Uquor the sale of liquors upon any vessel navigating any river, lake, *'°™ *ro£bit- or water in this Province, no sale or other disposal of liquor shall ed. take place thereon or therefrom, to be consumed by any person other than a passenger on the said vessel, whilst such vessel is at any port, pier, wharf, dock, mooring, or station ; nor shall any liquor, whether sold or not, be permitted or allowed to In- con- sumed in or upon any vessel departing from and returning to the same port or wharf, dock, mooring, or station, within the time hereinafter in this section mentioned, by any person dur- ing the hours prohibited by the preceding section for sale of the same except for medical purposes, as provided in the preceding isection. 2. In case any such sale or other disposal of liquor takes Penalty. 312 Chap. IHI. MUNICIPAL MATTKUS. [TlTI,K XII. ^>lat•^', the Hftid lici'iisr sliall /;wi> fdi'fo Iks and liccomc for- ('itoectively lia- ble to pay to tho Crown, foi- tlie pnlilie uses of tliis Province the sum of ime hundred dollai's ; and any person wlio sells or disposes of any li(|Uor contrary to the provisions of thii scc- ti' druggist, shall allow any li(|Uoi'H sold l)y him or in tolwcon- his pos.session, and for the .sale of which a licen.se is re((uired, ho'Slfe! '" ^ ^^' consinned within his shop, or within tho building of which such sliop forms part, or which communicates l»y any entrance with such shop, either by tlie purcha.ser tlieieof, or by any other pei-son not usually resident within such building, under the Penalty. penalty, in money, imposed by the fifty-first section of this Act. 37 V. c. M s. 20; 40 V. c. 18, s. 10. Liquor not to 46. No per on having a license to sell by wholesale, shall on ^^miTes'of *l^"w any liijuors sold by him or in his pos.ses.sion for sale, and nemonH having for the sale 01' disposal of which .such license is required, to be wholMide. consumed within his warehouse or shop, or within any building which forms part of or is appurtenant to, or which communi- cates by any entrance with any warehouse, shop or other pre- mises wherein any article to be sold or dispo.sed of under such lic»inse is sold by retail, or wherein there are kept any broken pa ^kages of such articles. 37 V. c. 32, s. 21. Not lawful to take money for certificate, ftc. Penalty. PENALTIES. 47. It shall not be lawful for the License Commissionei's of any License District, or any of them, nor for any Inspector.either directly or indirectly, to receive, take, or have any money what- soever, for any certificate, license, report, matter or thing con- nected with or relating to any grant of any license, other than the sum to be paid therefor as the duty under the provisions of this Act, or to receive, take or have any note, security or promise for the payment of any .such money or any part thereof, from any person or pei-sons whatsoever ; and any per- son or persons guilty of, or concerned in, or party to any act, matter or thing contrary to the provisions of this section, or of sections ten and eleven, shall forfeit and pay to and for the use of Her Majesty a penalty of not less than fifty dollars, nor more than one hundred dollar's, besides costs, for every suck offence. 37 V. c. 32, s. 30. , Penalty for issuing any lioenM :an- 48. Any member of any Board of License Commissioner or anj'^ Inspector, officer or other person who, contrary to the ji1-filri""Ti"iT« *%*^ i [TiTi.K xri u\ )i(>coiiit> f(tr- lasU'p in (;liar;,'e itinj,' t1n' saint', KKsinj^ of li(|iu)r ifsju'ctivt'ly lia- f tlii.H Fidvincf rson wlio .sells ions of tliii scc- ind pnnishmont fifty-sf cond sec- i. s. 14. )y retail, and no d l»y him or in use is reipiired, iiildinjj; of wTiich l»y any entrance , or I ly any other dinjjf, under the (t section of this wholesale, shall lion for sale, and s required, to be lin any building khich coniinuni- op or other pre- ^d of under such kept any broken ^'onimissionei"s of Inspector, either .ny money what- er or thing con- sense, other than ihe provisions of lote, security or ey or any part r ; and any per- arty to any act, liis section, or of < and for the use ifby dollars, nor for every such ommissionere or iontraiy to Uie Tm,K XII.] Uqi Oil Cliap. IHT provisions of this Act, kni. in^dy is^i^ - or «i«i"'*«« (|r pnK*uro« <■», , to l)t' issued, a tavern oi sill m license, ur a ortR ""'c Mirr< " ***" ,1, Hii ■ <> I ildllurs Of (iHi'i IITH shall, upon conviction thereof, for each olfertef less than forty dollars, nor more than one Intu in defaidt of payment of such tine, the oH'eii may be imprisoned in the Coiinty (taol of thr ' Mi/ify in v-^ Ideh the conviciion takes place for a period not exceediiiy three calendar months. .S7 V. c. 32, s. 31. 49, If any otticer of any Municipal Corporation is convicted Forfeiture of of any oH'ence under this Act, he .shall, in addition to any other "jpftt.'jH™." penalty to which he may Ite lialile under this Act, thereby for- if convictwd. ttsit and vacate his ottice, and shall be di.s(|ualiKed to hold any office in any Municipality in this Province for two years there- afttu-. 37 V. c. 32, s. 32 ; 40 V. c. IS, s. ir>. •10. If any memlwr of any Municipal (/oiuicil is convicted Forf«Uuroof of any otfence under this Act, he shall, m addition to any other il^r'^nf councU* penalty to which he may be liable under this Act, thereby forfeit if convicted. and vacate his seat, and .shall be ineligible to be elected to or to sit or vote in any Municipal Council for two years thereafter ; and if any such person, after the forfeiture aforesaid, sits or Penalty, votes in any Municipal Council, he shall incur a penalty of forty dollars for every day he so sits or votes. 37 V. c. 32, 8. 33 ; 40 V. c. 18, s. U. St. Any person who sells or barters spirituous, fennent- Penalty tbr ed or manufactured liquors of any kind, or intoxicating liquors o„|*u^]J[Je'' of any kind, without the license therefor by law recjuired, or who otheinvise violates any other provision of this Act, in respect of which violation no other puni.shment is prescribed, shall for the first offence, on conviction thereof, forfeit and pay a penalty of not less than twenty dollars besides costs, and not more than fifty doUai's besid(?s costs ; and for the second otfence, on conviction thereof, such person shall be imprisoned in the County Gaol of the County in which the offence was commit- ted, to be kept at hard labour for a period not exceeding three calendar months. 37 V. c. 32, s. 35 ; 39 V. c. 26, s. 20. S9. For punishment of offences against section forty-three penalty for of this Act, a penalty for the first offence against the provisions contraTMtlon thereof, of not less than twenty dollars with costs or fifteen ° ^^ days' imprisonment with hard labour, in case of conviction, shall be recoverable from, and leviable against, the goods and chattels of the person or persons who are the proprietors in oc- . cupancy, or the tenants or agents in occupancy of the said place or places, who are found by himself, herself, or themselves, or his, her, or their servants or agents, to have contravened the enactment in the said forty-third section, or any part there- of ; for the second otfence, a penalty against all such of not less than forty dollars with costs, or twenty days' imprisonment with hard labour ; for a third otfence, a penalty against all such Vl*.' 314 Chap. 181. MUNICIPAL MATTERS. [TIHE XII. Ke«()eni nf diHonlerly innit Rubjeot to certain peiuJtie*. of not leijH than one hundred dollars with coHtH, or fifty days' iinpriHoniiu'nt with hard laln^ur ; and for a fourth or any after offence, a penalty af^aiiuHt all such of not lesH than one fk^t more than three niontliH' itnpriHonirient with hard lalnxir, in the (Joiiunon Oaol of the County wherein Huch place or wiaces are. 37 V. c. 32. H. 34. 99. The Mavor or Police Magistrate of a Town or itv, or the Reeve of a Township or Village, with anyone Justici of the Peace, or any two JusticoH of the Peace having jurisdiction in the Township or Village, upon information to them, or one of them re.spectively. that any keeper of any inn, tavern, ale- house, beer-nousc, or other house oi public entert*inment, situ- ate within their jurisdiction, sanctions or allows gambling or riotous or disorderly conduct in his tavern or house, may summon the keeper of such inn, tavern, ale or l)eor-house to answer the complaint, and may investigate the same summarily, and either dismiss the complaint with costs to be paid by the complainant or convict the ktieper of having an improper or a riotous or dis- orderly house, as the case may be, and annul his license, or suspend the sam*- for not more than sixty days, with or without costs, as in his or their discretion may seem just ; and in case the keeper of any such inn, tavern, ale-house, beer-house or place of public entertainment, is convicted under this section, and his licens« annulled, he shall not be eligible to obtain a license for the period of two years thereafter and shall also l>e liable to the penalties by the fifty-first section prescribed. 37 V. c. 32, 8. 36 ; 40 V. c. 18, s. 17. k)h^bo"ri'* *^'^' ^^y person licensed to sell wine, beer or spirituous ouniitableii on liquors. Or any keeper of the house, shop, room, or other place duty. for the sale of liquors, who knowingly harbours or enteiiains any constable belonging to any police force, or suffers such person to abide or remain in his snop, room or other place dur- ing any part of the time appointed for his being on duty, unless for the purpose of quelling any disturbance, or restoring order, or otherwise in the execution of his duty, shall, for any of the offences aforesaid, be deprived of his license. 37 V. c. 32, S.58. ^ Penalty in case any ])er- 8on cumpro- mises. com- pounoB, or settles aoaaet S9. Any person who, having violated any of the provisions of this Act, compromises, compounds or settles, or offers or attempts to compromise, compound or settle the offence with any person or persons, with the view of preventing any com- plaint being made in respect thereof, or if a complaint has been made with the view of getting rid of such complaint, or of stopping or having the same dismissed for want of prose- cution or otherwise, shall be guilty of an offence under this Act, and on conviction thereof shall be imprisoned at hard labour in the Common Qaol of the County in which the offence was committed for the period of thiee calendar months. 37 V. c. 32, 8. 39. '^ siii [Tm.i XII. HtH, or fifty dayn urtli or ariv aft«r lan oni; im>t more 1 lalM)iiT, in the ace or places are. Town or Ity, or )no JuHtict 01 the ng jurisdiction in to tlu'in, or one inu, tavern, ale- tert«innient, situ- own gambling or [)UHe, may Huininon uHe to answeir the inarily, and either ^ the complainant )r a riotous or dis- nul his license, or s, with or without [1 just ; and in case use, beer-house or under this section, eligible to obtain 3r and shall also l)e section prescribed. beer or spirituous om, or other place ours or entertains !e, or suffers such or other place dur- ling on duty, unless or restoring order, % shall, for any of cense. 37 V. c. 32, y of the provisions settles, or offers ;le the offence with jventing any com- f a complaint has of such complaint, [ for want of prose- offence under this nprisoned at hard u which the offence sndar months. 37 TlTLK XII] LIQUOR LICENHKS. Chap. 181. 316 ffll. Every person who is concismed in, or \h a party to, IVnalty f.>r th«f foinproiniMi', conipcKsition or Hottloinent iiit>nti(>n<>d in the eerneiUn any next preceding Hection, shall be guilty of an offenee under this mwh coin|>ro- Act, ami on conviction thereof Mhall be iniprisoneil iuthe('om- "''•«''•*<'• nion Oaol of the County in which the offence was committed for the iHiiiod of three calendar months. 37 V. c. 32, s. -tO. ST. Any person who, on any prosecution under this Act. Penalty (or taiupers with a witness, either l)efore or after he is sun>- Jlli"|{^^^'^„,„. uioned or appears as such witnt^ss on any trial or procet'ding under this Act, t)r by the offer of money, or by threats, or in any other way, either directly or indirectly, induces or attempts to induce any such person to al)sent himself, or to swear falsely, shall be liable to a penalty of fifty dollars for each offence. 37 V. c. 32, s. 42. Penalties not to be Jieviittcd. tS8. No Police Magistrate or Justice or Justices of the Peace, Ponaltiei* or License (^onuni-ssiimer or Inspector, or Municipal Council or •'"?h''^*°*f Municipal officer, shall have any power or authority to remit, mitted. suspend or compnmiise any penalty or punishment inflicted under this Act. 37 V. c. 32, s. 41 ; 40 V. c. 18, s. 19. Recovery of PenulticH by DiHtrean. •19. For the recovery of the penalties in money under this ***?*'*^*" *"* Act, and legal costs, upon and after conviction in cases not recoverable, appealable, and in cases appealable where an appeal has not been perfected according to law, it shall be lawful for any Jus- tice, Justices or Police Magistrate to issue a warrant of distress to any constable or peace officer, against the goods and chattels of the person or pereons convicted; and in case no stifficient distress is found to satisfy the said conviction, then in cases not othei-wise provided for by this Act, it shall be lawful for the said Justice, Justices or Police Magistrate to order that the person or persons so convicted be imprisoned in any Common Gaol or Gaol or Lock-up House, within the County in which such conviction was made, for any period not exceeding thirty days, unless the penalty and all costs are sooner paid. 37 V. c. 32, 8. 43. Application of Penalties. " (/See a/«o (Sue. 34.) •O. The penalties in money under this Act, or any portion AppUcatli of them which may be recovered, shall be paid to the convict- ° ^ ing Justice, Justices, or Police Magistrate in the case, and shall by him, or them, in case the Inspector or any officer appointed by the Lieutenant-Governor or by the License Commissioners, is the prosecutor or complainant, be paid to the Inspector as provided in section thirty-five, and in case such Inspector or ? — - 816 Chap. 181. MUNICIPAL MATTERS. [Title XII. licensee con victed, officer is not the prosecutor or complainant then *\»™?»''?;" f "^id to the W»s„,.r „f the Mnn.cpah^ v, re,n *. offence was committed. 37 V. c. 6Z, h. t^i , ov . Municipalities 61. The Council of ^vtvy Municipality Ms^^^^^^ to «et apart a x, „ one-thiicl part of such fines or penalties receivetl ny '^n^, ^ tmiciaUty fo^- a fund to secure the prosecutions tor mf la - tions of this Act, and of any by-laws passed in pursuance thereof. 37 V. c. 32, a. 43. POWERS OF COUNTY JUDGE. Revocation of Ucenaes improperly oUained. Power of 62. The Judge of the County Court of the County h, whkh cZty Judge ^„„ Municipality is situate in any part of wh* a license astolfcenBeB ^"J^.^T^g J Pteni^ eftect, upon the complaint of any =tf ^°^- ^roftirsSfcense has been issU -nh-y to any of .n i,n„.«««oo„. P . i^„^ ^i thi3 Act or of any by-law m force in the said SuSality, or that such license has been obtained by any S or that the person licensed has been convicted on moie Ihan one occasion of any violation of the proyx«;;««jf f ^ fiffv third section of this Act, or has been convicted on three settKc^Srof any violation of any of the prov..^^^^^^^ this Act, whether the offences m respect «« ^^J^J™^^;^' tions were made were the same or different m then charactei, BO bnlas such convictions were for offences eommitted on dif ferentWs. «hall summon the person to ^1^«^, ^^-^^ J^^ issued to appear, and shall proceed to hear and determine the maUer of ?he said complaint in a summary ^^imer , ^nd may uDon such hearing, or in default of appearance of the peison Enoned. dete^ine and adjudge that -f 1---^,^^^,^ of the causes aforesaid, ought to be ^-^X^k^^l' i*^',''Xd shall order and adjudge that such license is and stands revoKea Ind cancelled acco'rdilgly, and thereupon such hc^^^^^^^^^ and become inoperative and of none effect, and the person xo whom such license issued shall thereat er, during the fn^pmod of two years, be disqualified fr^ni oU^n^S ^^^-^^^ ^l other license under this Act. 37 V. c. J-i, s. at , tv y . y ' , Investigation of Negligence of Inspector. . , 63 The Judge of the County Court of the County in respect E-o^nrSudKe of any part of wlkh any Inspector or Inspectors of Licenses is a« to W f ^^y appointed, upon a complaint made by any person that *-"^^"'«^^""^^ysucrinspector\ guilty' of -/"""^ -f£|cont?^ observe, or of wilfully doing any act, matter ^^^g contra^ to his duty as such Inspector, shall summon such Inf P^ctor to appear, and shall proceed to hear and determine the patter of the said complaint; and upon such hearmg, or in default o ap^eaSnce of L said InspeV ^^ing dub^ ---Xr'c'nf- detwmine that such Inspector is guilty of the matter com their duties. [Title XII. ihen the same shall )ality wherein the 39 V. c. 26. 8. 18. 9,11 set apart not lees received by the said ecutions for infrac- issed in i>ur8uance E. ' obtained. he County i^ which of which a license e complaint of any ntvary to any of 'the in force in the said in obtained by any n convicted on more le provisions of the a convicted on three of the provisions of I which such convic- it in their character, es committed on dif- whom such, license r and determine the ,ry manner, and may irance of the person uch license upon any oked, and thereupon is and stands revoked such license shall be ict, and the person to during the full period ining aiy further or .37; 40 V.c.l8,s.l8. 'Inspector. , the County in respect ispectors of Licenses is [e by any person that ly neglecting to do or itter or thing contrary raon such Inspector to determine the matter hearing, or in default r duly summoned, may y of the matter com- TlTLE XII.] LIQUOR LICENSES. Chap. 181. 317 i.lained of and ought to be removed from his said office of tpec or and^^^^^^^ the san.e accordingly, a^Hlthereupon uc? person shall no longer be Inspector, ^^"d «hal /eie- after, for the full period of two years, be ^^^^S^J^f -\^»«»g" being or becoming an Inspector of Licenses. 37 \ . c. 32, s. J» Procedure in such cases. 64. The complaint in the sixty-second and sixty-third sec- P..c^^^^^^ . tions mentioned: may be by a short petition to the J"^lg^ «« titled " In the County Court of the County of —^and " In the matter of the license granted to insTct^? the defendant)," {or, " In the matter of — - — -, Inspector '7 Tirpnses for the Riding of the County of -, ) . payYnX the revocation of the said license, (or the removal of the Inspector, as the case may be,) and upon hearing the evi- a "nee Xuced, or upon default of ^PP-^-^/J^^X com ov defendant, the Judge may dismiss the ^^tter of the com ulaint or make such order as he deems just, with or without ! osts to beTaid by the prosecutor or defendant, and the oi^er ofadiudicatfon of^the slid Judge shall be final and conclusive ^nd TaU not be the subject of appeal or revision by any Court whatever. 37 V. c. 32, s. 38 ; 40 V. c. 18, s. 18 (2). PROSECUTIONS. 65. All informations or complaints f«%^^^^.f «^f ^^i^^",^^'^^"""^""- anv offence against any of the provisions of this Act shall be S or made" in writing, (within thirty days after the com- when to be according to the form of Schedule C to this Act or to the like pom. etfect. 40 V. c. 18. s. 21(1). ;<:^ : ,. , 66. Any person may be prosecutor or complainant in prose- Anyg™ cutions under this Act. 37 V. c. 32, s. 47. ^ eutor, etc. 67 No License Commissioner or Inspector of Licenses who is a Justice of the Peace, shall tiTor adjudicate upon any complaint for an infraction of any of the provisions ot this Act cZSd^nthin the limits of the License District for which heTaCoZissioner or Inspector; but this section shall not be construed to apply to a Judge, or Jumor Judge or Deputy Judge of a County. 40 V. c. 18, s. 38. 68. All prosecutions for the punishment of any offence c^,^^^^^ ncrainst auv of the provisions of sections thirty-nine, torty, ^^^^^^^ ^^^^^ ?orty-tUeyrty-foui?forty-five, forty-seven, fifty-one and fafty- .ore JuBtices may be prose- cutor, etc. License Com- missioaers or Inspectors who are Jus- tices of the Peace pro- hibited from trying certain complaints. Ill til Illilfll-TlllllllWIili' 318 Chap. 181. MUNICIPAL MATTERS. [Title XII. „,PoHce Ma- three of this Act, o-ny section fo^^^^^^^^^ gistrate. a penalty or punishment is F««^'J7^ "J^.^ ^f a penalt^■ whether the prosecution is for the ^^^^^'^J^i^ce^ before or for punishment by -P~-!^ Sicts of the Peace any two or more of Her Alajestys .^ ^^.^^ ^^^ having jurisdiction m the bounty jrLn^'^^ ^here there is a offence is committed or ^^.^^^^f^i^^MStrnte of the City or 32-3 V. c. 31 Act of Parliament of Canada, ^""^f^J.^^^^''^^^^^^^ to (k duties of Jmtkes of the Pmce out .f/^^J^ct ^^„a the Acts Snmrr>ury Convkt^ons ^^d9;;^XZl^v passed, amending already passed or J^^^J^^ ™^^^^^^^ to a" Fosecutions and pro- t^JnTs^lr tt'S fo t^Z consist^ with this Act. Ev.eneeto.e 2. The Justices or PoU- ^ag^-^'xl^^^^^^^ ^ ^^;;f^?:S^^Sll^:^^to such witnesses, who shall sign the same. 40 V. c. 18, s. 20. Hecutions may tioned in section sixty-eignt, wntwic SSnr penalty or oth«w^»e, K,Ws S?~ "' »' Veaco in ai ticesoraPo- one or movc of Hei *;^,^J7% ;,„,.^ .„„u ^lace or the penalty .- »■-• f„,. the (^-flXle^ct^^^^^^^^ior^^-'^, doL, anS was incurred, or the oncnct w»» p^. Magistrate, be- in Cities and Towns in ^^^^^^^^^^f^ .' ^^^^^^^^ governed fore the Police Magistrate ; and ^^^^^^^f^^^ ^ -e Justices of by The Act respecting Sumrmry Convict m^^ tL Peace. 37 V. c. 32, s. 4o ; 40 V. c. 18, s. 21 (i;. ^ 1, +v.-i Rf^nrd of License Commissioners in TO. In all cases ^l^^^'-^^^f^^^^^^^^^^^^ powers conferred Cities passes a resolution ^^ P'i™^^^^^^^^^^ /this Act, and in upon them by the fourth and M th^^«^^^^^^^^^^ ^^ ^^.^ for the in- and by any such re«/ufcio«. Pf^^^^^/^^,^^^^^^ ^^ ^^j^^^^^ fraction thereof, such P^'l'^^^^^^^J p',:'' Magistrate (if any), by summary proceedxngs before the Po^-^ ^^^^^^^^^^ ,^ ^^, or before any Justice of *|l« J*^JJ\3^ Municipal Councils tioned Act. 37 V. c. 32, s. 48. APPEALS. - ' ' * • In cases under Section 51. ^, Tl. I, all ea.. ofy'^-trJ^y^^l^f'^Z^'^v'^^^- appeal in 0*868 the provisions of this Act, torwmui auj- f under s. 61, ' trate. Mode of procedure. Rev. Stat, c. 74. Prosecutions under resolu- tions of Ijicense Com- missioners, imposing [leualties. Eev. Stat, c. 174, 8. 407. -,^u [Title XII. avention of which section fifty -one, iry of a penalty take place before ces of the Peace rict in which the where there is a ate of the City or ,nd determine any been committed lerein such City or rding to the provi- appended to the Act respectmg the ons, in relation to Act, and the Acts passed, amending osecutions and pro- b with this Act. 1 in all cases reduce mined before them, such witnesses, who jer than those rneit- ' the recovery of a id heard before any if the Peace in and place, or the penalty 1 or wrong done, and *olice Magistrate, be- ire shall be governed 118 before Justices of s. 21 (1). nseCommissionei-s in the powers conferred 3 of this Act, and in imposed for the in- covered and enforced Magistrate (if any), g jurisdiction, in the f Munii'ipal Councils The Municipal Act ;" ay be in the form set of the said last men- 51. »fience against any of ' penalty or punish- TlTLE XII.] LIQUOR LICENSES. Chap. 181. 319 ment is prescribed bv the fifty-first section of this Act, the conviction or order oi the said Justices or Police Magistrate, as the case may be, shall, except as hereinafter mentioned, be final and conclusive, and, except as hereinafter mentioned, against such conviction or order there shall be no appeal to the Court of General Sessions of the Peace, or to any other Court. 40 V. c. 18, s. 21 (3). 2. An appeal shall lie from a conviction for any offence for Procedure on which a penalty or punishment is prescribed by the fifty-first *"ch appeals, section oi this Act to the Judge of the County Court of the County in which the conviction is made, sitting in Chambers, without a jury, provided a notice in writing of such appeal is given to the prosecutor or complainant within five days after the date of the said conviction, subject to the following pro- visions. 40 V. c. 18, s. 21 (4). 3. The person convicted, in case he is in custody, shall either Appellant to remain in custody until the hearing of such appeal before the j"*o'^n,^*°nc<, said Judge, or (where the penalty of imprisonment with or with- out hard labour is adjudged) shall enter into a recognizance with two suflicient sureties, in the sum of two hundred dollars each, before the convicting Justices or Police Magistrate, condi- tioned personally to appear before the said Judge, and to try such appeal and abide his judgment thereupon, and to pay such costs as he may order, and in case the appeal is against a con- viction whereby only a penalty or sum of money is adjudged or dep to be paid, the appellant may, (although the order directs im- 5^°^"* °^j prisonment in default of payment) instead of remaining in costs. custody as aforesaid, give such recognizance as aforesaid, or may deposit, with the said Justices or Police Magistrate con- victing, the amount of the penalty and costs, and a further sum of twenty -five dollars to answer the respondent's costs of appeal. 40 V. c. 18, s. 21 (5). 4. Upon such recognizance being given or deposit made, Justices o the said Justices or Police Magistrate shall liberate such person traos"*!* '^^^ .1. . ,1 1 1 II <> ,1 .,1 11. •■ 1 positions to if m custody, and shall forthwith deliver or transmit by clerk of registered letter post-paid, the depositions and papers 'n the ^'ointy Court, case, with the recognizance or deposit as the case may be, to the Clerk of the County Court of the County wherein such conviction was had. 40 V. c. 18, s. 21 (6). 6. The practice and procedure upon such appeal, and all Rev. Stat.' c the proceedings thereon, shall thenceforth be governed by The ^^' *** "^^ ^' Act respecting ilie Procedure on Appeals to the Judge of a County Court from Summary Convictions, so far as the same is not inconsistent with this Act. 40 V. c. 18, s. 21 (7). In cases other than those under Section 51. 79. Tn all cases of prosecutions for any ofibnce against any Appeal from of the provisions of this Act, other than those for which any '^2^*^*^^ for 320 Chap. 181. MUNICIPAL MATTERS. [TlTLE XII. those under ». 61. Rev. Stat c. 74. Peace. 37 V. c. 32, s. 46 ; 40 V. c. 18. s. 24. PROCEDURE IN CASES WHERE PREVIOUS CONVICTION CHAnGED. 91 ThPt)roceedine8 upon any information for committing ProceedingB 7 A ^ ^6 proceeamg» t ^ - „g of this Act, in case in ca«eH where an offence agamst any ^^^''^^^^^^^-^^^^^ charged, shall be a previous ^^ „ ..„^,Mnii« ponviction or convictions UCmg UJiaieV , conviction charged. as follows : 1 The Justices or Police Magistrate shall i" ^^^ fi-^^^tT- the information, ana ii ue iwiawi.. , . , , e u denies convicted, he may be ^^''^^^X^'^.^^'^^^l^^^^^ that he was so P-v^ous X convi^^^^^^ ^^ conviction or convictions. '"""* Peale wTthout proof of his signature or otheial character, by otl'ier satisfactory evidence. P„.,„„... 8. A^nviction^ay taa^^^^^^^ :aXS. rrSa^r^e ra^^other offend Offences on game day. In case of a second or sub sequent con- viction be- comin!,' irre- gular by quashing of a first or pre- vious convic- tion. Justices or Police Magis trate may amend ; first offence. quashed,or otherwise ibuucic ^^ ' ..Uqpnnpnt conviction was Lte by -J«™-f;.raiMsor hrhlnT^^^ made, may by wan-ant ^^J \\' "J^^^ i^ce to be named in person convicted to Wea^^f^^ ^ime and p ^^^ ^^^ ' • '"^ JTuch WTr^ant ff sth person £us ^o appear, or on his lipe^ Jc aStcVseconi or subsequent conviction, and [Title XII. said fifty-first mviction, in the vided in and by re Justices of tne :tion chat.ged. n for committing lis Act, in case charged, shall be I the fii'st instance ily, and if the ac- md not before, be ;ted, as alleged in was so previously ; but if he denies s mute of malice, n the Justices oi ing such previous ons shall be prove- er the hand of the )f the Clerk of the )rticial character, or as for a first ofience L a prior conviction Sfence. be made under this 1 committed on the inishraent hereinbe- bhe case of offences formation laid for a y second or subse- }, after the making on being set aside, ices or Police Magis- ent conviction was r hand summon the lace to be named in jroof of the due «er- to appear, or on his lent conviction, and Title XII.] LIQUOR LICENSES. Chap. 181. 321 adjudge such penalty or punishment as might have been ad- judged had such previous conviction never existed, and such amended conviction shall thereupon be held valid to all And amended intents and purposes, as if it had been made in the fii-st in- convii-tion stance. > . ■ „ valid. G. In case any person who has been convicted of a contra- Second oJ- vention of any provision of any of the sections of this Act, 1®°*'^= ""'"" numbered tliirty-nine, forty, forty-one, forty-two or forty-four, ' or any section for the contravention of which a penalty or punishment is prescribed by section fifty-one, is afterwards convicted of an offence against any provision of any of the said Boctions, such conviction shall be deemed a conviction for a second ofience, within the meaning of section fifty -one, and may be dealt with and punished accordingly, although the two con- victions may have been under different sections ; and in case any such person is afterwards again convicted of a contraven- Third offonoe. tion of any provision of any of the said sections, whether similar or not to the previous offences, such conviction shall in like manner be deemed a conviction for a third offence, within the meaning of section fifty-one, and may be dealt with and punished accordingly. 40 V. c. 18 s. 16. FORM OF INFORMATIONS AND OTHER PROCEEDING — AMENDMENTS. 74. In describing offences respecting the sale or other description disposal of liquor, or the keeping, or the consumption of liquor in **• informa- Any infonnation, summons, conviction, warrant, or proceeding under this Act, it shall be sufficient to state the sale, disposal, keeping, or consumption of liquor simply, without stating the name or kind of such liquor, or the price thereof, or any peraon to whom it was sold or disposed of, oi' by whom it was con- sumed ; and it shall not be necessary to state the quantity of liquor so sold, disposed of, kept, or consumed, except in the case of offences where the quantity is essential, and then it shall be suflScient to allege the sale or disposal of more or less than such quantity. 40 V. c. 18, s. 22. ^ * ', 75. Theforms given in the Schedules to this Act, orany forms Forms, to the like effect, shall be sufficient in the cases thereby respec- tively provided for, and where no forms are prescribed by the Schedules new ones may be framed according to those ap- pended to The Act of Canada entitled '* An Act respecting the 32-3V.c.3l(D) duties of Justices of the Peace out of Sessions in relation to Summary Convictions and Orders,^' or Hie Revised Statute respecting the Procedure on Appeals to ilie Judge of tlie County Rev.stat.c76 Court from, Summary Convictions, or any Acts amending the same respectively — such forms being made short and concise in the mode indicated in the Schedules to this Act which shall serve as guides so far as the particular case will allow. 40 V. • c. 18,8. 36. 21 . .. , •■■ f- M' ^'■■> -• f ■ 322 Chap. 181. MUNICIPAL MATTERS. [Title XII. .\ • Information maybe amended. Conviction not void for cer- tain defects ; defendant waives such adjournment. 40 V. c. 1» s. K^) 77 No conviction or warrant enforcing the same or other warrant, process or proceed ng ^J^*^ «»^4^";X^ JJe jurisdic- f X'ei thent or signature. 40 V. c. 18, s. 31. [Title XII. he information istice, Justices formation, and Bin, any other if it appears such variance, hall thereupon day, unlep . the 8 s. 21 (2). same or other d insufficient or information or I form or sub- mch conviction, vas made for an hin the jurisdic- ite who made or ce to prove such viction, warrant, punishment for ged. 40 V. c. 18, viction, or war- •ceeding whether of certiorari or ippeal is made or on habeas corpus 1 dispose of such vithstanding any all cases where it lat the conviction, t and valid under warrant, process, )e quashed (as the may, in any case, aviction, warrant, led and amended, nvictions affirmed rerable as if origi • nder this Act, in ense a certificate le District shall be le, and of the per- nsf erred ; and the cient pri/ma facie le authority of the is appointment or Title XII.] LIQUOR LICENSEa Chap. 181. 323 79. Any resolution of the Board of License Commissioners How each reg- passed under the fourth and fifth sections of this Act, shall be "hentlcated, sufficiently authenticated by being signed by the Chairman of etc. the Board which passed the same ; and a copy of any such resolution written or printed, and certified to be a true copy by •uiy member of such Board, shall be deemed authentic, and be received in evidence in any Court of Justice without proof of any such signature, unless it is specially pleaded or alleged that the signature to any such original regulation has been forged. 37 V. c. 32, s. 49. 80. Any house, shop, room, or other place in which are Places in proved to exist a bar, counter, beer pumps, kegs, jars, decanters, ^niqaow !»"'* tumblers, glasses, or any other appliances or preparations simi- presumed. lar to those usually found in taverns and shops wliere spirituous or fermented liquora are accustomed to be sold or trafficked in, shall be deemed to be a place in which spirituous, ferm«jnted or other manufactured liquors are kept or had for the purpose of being sold, bartered or traded in, imder the fortieth section of this Act, unless the contrary is proved by the defendant in any prosecution ; and the occupant of such house, shop, room or Presumption other place shall be taken conclusively to be the person who m to occupant has, or keeps therein, such liquors for sale, barter or traffic therein. .37 V. c. 32, s. 50 ; 39 V. c. 26, s. 22. 81. In proving the sale or disposal, gratuitous or otherwise. Evidence fa to or consumption of liquor for the purpose of any proceeding re- «»le, etc., of lative to any offence under this Act, it shall not be necessary **"*"' to show that any money actually passed, or any liquor was actually consumed, if the Justices, Police Magistrate, or Goj^^ hearing the case is or are satisfied that a transacti-^jj jj^ ^jj^. nature of a sale or other disposal actually too^^ place or that- any consumption of liquor was about to cake place; and proof of consumption or intended consumption of liquor on premises under license or in respect to which a license is required under this Act, bv some person other than the occupier of said pro. miscs, shall be evidence that such liquor was sold to the peraon consuming or being about to consume or carrying away the ' same, as against the holder of the license or the occupant of the said premises. 39 V. c. 26, s. 21. , 8a. In Cities, Towns and incorporated ViUages, in aU cases Person, or where any person or persons other than members of the familv "«•'*« '» bar- er hous.»hold of the keeper of a licensed tavern or saloon, is or CTttt"* are found frequenting or present, or gas or other light is seen ^J'«n «° p^v- burning in the bar-room of such tavern or saloon wherp Un.mr %^'^^.r^ is trafficked in, at any time during which the sa?e ^rZ^Zv^^^^^ posal of liquors is prohibited by any provision of this Act anv '"'°'- such fact when proved, shall be deemed and taken as vHrrm faeie evidence that a sale or other disposal of liquoi-s bv the keeper of such tavern w other place has taken pface contrary to the provisions of the forty-third section of this 4ct- and 324 Chap. 181. MUNICIPAL MATTERS. [Title XH. LiabUity of ocoupantB. such keeper may thereupon be convicted of an offence against said section, ane Ills ordered. 87. Any person summoned as a party to, or as a witness in Production of any proceeding under this Act, may, by the summons, be re- }j^,',',",;„®**'' quired to produce, at the time and place appointed for his ' "' attendance, all books and papers, accounts, deeds and other documents in his possession, custody or control, relating to any matter connected with the said proceeding, saving all just ex- ceptions to such production : and shall be liable to the same penalties for non-production of such books, papers or docu- ments, as he would incur by refusal or neglect to attend, pursu- ant to such summons, or to be sworn or to answer any question touching the case. 40 V. c. 18, s. 32. CIVIL REMEDIES AGAINST TAVERN KEEPERS, &C. 88. Wherever in any inn, tavern, or other house or place of public entertainment, or wherein refreshments are sold, or in any place wherein intoxicating liquor of any kind is sold, whether legally or illegally, any person has drunk to excess of intoxicating liquor of any kind, therein furnished to him, and while in a state of intoxication from such drinking has come to his death by suicide, or drowning, or perishing from cold, or other accident caused by such intoxication, the keeper of such inn, tavern, or other house or place of public entertainment, or wherein refreshments are sold, or of such place wherein in- toxicating liquor is sold, and also any other person or pei-sons who for him or in his employ delivered to such person the liquor whereby such intoxication was caused, shall be jointly and severally liable to an action as for personal wrong, (if brought within three months thereafter, but not otherwise,) by the legal representatives of the deceased person; and such legal representatives may bring either a joint and several action against them or a separate action against either or any of them, and by such action or actions may recover such sum not less than one hundred nor more than one thousand doUai-s, in the aggregate of any such actions, as may therein be assessed by the Court or jury as damages. 27-8 V. c. 18, s. 40. Liability of innkeepem or persons in their employ, etc., who give li((uor to t arsons who >ecome intox- icated and commit suicide or perish from cold, etc. Fo^ of action against them. V 826 Chap. 181. MUNICIPAL MATTEnS. [TiTLK XII. ^•""n» who 69 If a person in a state of intoxication aHsaults any pereon, lHjuor liable ^'" injures any property, the person who furnished him with the for MMult liquor which occasioned his intoxication, — if such f umishingwas •"penon* "* violation of this Act, or otherwise in violation of law, — shall thereby In- be jointly and severally liable to the same action by the party »oxlo»ted. injured as the person intoxicated may be liable to ; and such party injured, or his legal representatives, may bring either a joint and several action against the person intoxicated and the pei-son or persons who furnished such liquor, or a separate action against either or any of them. 27-8 V. c. 18, s. 41. Hunband, wife, ftc, m*y notify sellera of liipior not to fumiiih it to any itertion •ddictea to drinking. Liability of perxong so notified. Married woman may bring action for damagt^D. The husband, wife, parent, brother, sister, guar- dian or employer of any person who has the habit of drink- ing intoxicating liquor to excess — or the parent, bro ther or sister, of the husband or wife of such pei-son — or the guar- dian of any child or children of such person — may give notice in writing, signed by him or her, to any person licensed to sell, or who sells or is reputed to sell, intoxicating liquor of any kind, not to deliver intoxicating liquor to the peraon having such habit ; and if the person so notified, at any time within twelve months after such notice, either himself, or by his clerk, servant or agent, otherwise than in terms of a special requisi- tion for medicinal purposes, signet Lieutenant-Governor in Council, ma^ appoint one or more fj^^ "om. officers to enforce the provisions of this Act, and especially for miMioatn. the prevention of imffic in liquor by unlicensed houses, and shall fix the security to be given by such officers for the etti- ' cient discharge of the duties of their office, and every such officer or officers shall, within the License District for which he is appointed, possess and discharge all the powers and du- ties of Provincial officers appointed under the next preceding section. 39 V. c. 26, s. 23. Offiows within this Act. Datict of offlcen and County Attorney! on receiving in- formation of infringaiueut of this Aot. 94. Every officer soappointed under this Act, every policeman, or constable, or Inspector of Licenses, shall be deemed to be within the provisions of this Act ; and when any information is given to any such officer, policeman, constable or Inspector that there is cause to suspect that some person is violating any of the provisions of this Act, it shall be his duty to make diligent inquiry into the truth of such information, and enter complaint of such violation before the proper Court, without communicating the name of the person giving such informa- tion ; and it shall be the duty of the Crown Attorney, within the County in which the ofience is committed, to attend to the prosecution of all cases committed to him by an Inspector or ofiicer appointed under this Act by the Lieutenant-Governor. 37 V. c. 32, 8. 65. 9A. Any officer, policeman or constable, or Inspector of Li- Rigbt of censes may, for the purpose of preventing or detecting the vio- !J5^ted. lation of any of the provisions of this Act which it is his duty to -enforce, at any time enter into any and every part of any inn, tavern, or other house or place of public entertainment, shop, warehouse or other place wherein refreshments or liquors are sold, or reputed to be sold, whether under license or not, and may make searches in every part thereof, and of thepremisej connected therewith, as he may think necessary for the pur- pose aforesaid. 40 V. c. 18, s. 26. 3. Evpry person being therein, or having charge thereof, ^*°*''^ J^' who refuses or fails to admit such officer, policeman, or con- nduUt'oHi'i-ft stable, or Inspector demanding to enter in pursuance of this ;Bection in the execution of his duty, or who obstructs or at- 328 Chap. 181. MUNMCirAI. MATTKns. (Tnxr. XI f. Pearch war* rant iimy lie gruiti'd. tempts t(» ol'Mtnict tlio entry of «U( h oMuer, ivjlicninan, con- stnMp, or Fiw|iector, or any Huch Hcarchch as aforonaifl, Hhall be lialdi' to tin- p«'naltieH and punithnit'titM- |)rc8cribed by hi'c- tion fil'ty-ono of this Act, 40 V, c. 18, s. 2(5. 110. Any JuHtico of t.hn Poaoe or Police Mnjifistrate, if satiMlicii l>y information on tbo oath of any Huch otticer, policeman, con- Htablo or InHpcctor, that there is rcasonabh) ground for belief that any spintiiouHor fermented li(nior is being kejit for sale or dispoftttl contrary to the nrovisioiiH of tliis Act in any unlicensed house or plaee within tlie Jurisdiction of the Justice or Ma^'is- trate, may, in his discretion, grant a wairant under his hand, by virtue whereof it shall be lawful for the person named in such warmiit at any timo or times within ten days from the date thereof to enter, and, if need be, by force, the place nain«>d in tlm warrant, and every part tiiereof, or of the pro- mists connectcl therewith, and examine the same and search for liipior tlienin ; and for this pur-pose may, with such assist- ance as he deems expedient, break open any door, lock, or fastenini;- of such premises, or any part tlioivoF.or of any closet, cupboaril, box or other article likely to contain any such li(|U(»r; and in the event of any li(iuor being so found unlawfully ko])L on the said prendses, the occupant tlui'of shall, miLil the contrary is proved, be deemed to nave llirrcin'"'""*''' '^^1''' ^"^^ liquor for the purpose of sale contrary to the pro- visions of the fortieth section of tliis Act. 40 V. c. 18. s. 20. Unlawful kei'|iing of llniinr to lie fviiliice I'f ill ity nl stiililen and otliew to prmecuto offenders. Penalty for neglect. 07. It shall be the duty of every oHicer, policeman, constable, or Inspector of Licenses in each Municipality, to see that the several provisions of this Act are duly obseivod, and to proceed by information and otherwise prosecute for the punishment of any ottcncc a'.;ainst the ' " '^* ■ *"*" ""■''""•"">"'' wi ilful neglect provisions of this Act; and in case of or defau t in so doin't in any ca.sc, such jfficer, policoman? constable or Inspector shall incur a penalty of ton dollars for each and every such neglect and default. 37 V. c. S2, 8.57. - ^ . * ^ UNORGANIZED DISTRICTS. . . Thii« Act to 9S. Subject to the provisions as hereinafter contained, the ter,1u,riAm! preceding provisions of this Act shall apply to all portions ot u I'.i-^anized Judicial, Territorial and other unorganized Districts of this digtijota. Province ; and in any prosecution or proceeding thereunder the Stipendiary Magistrate in any such District shall possess and exercise all the powers and jurisdictions of the Police Magis- trate, or other convicting Jastice or Justices of the Peace, untler this Act ; and the Lock-up of such District shall be deemed t6 be a Gaol for the purpose of imprisonment under this Act ; and any money penalty imposed and recovered shall, where the Inspector is not the prosecutor, or the offence was not com- mitted within any Municipality, be paid to the Treasurer of Ontario; and the provisions of this Act, applicable to Township fe MUl . -» . P » Jl ' i- ' '^V ' g-»l'- ' -'^^"L-*"' ' " [TiTLr. Xl/. ■r, |V)Iiceinan, coii- a.s afoDMHiil, Nliall pioHci-iUscl by »vc- i,M,Htrate, if satiMliod 1°, {H)liceman, col)- ground for bull of n(7 kept for salu or in any unlicenHod Justice or Ma^'is- t under his hand, the person named lin ten days from ^y force, the place reof, or of the prn- 3 sanie and Hcarch r, with Huch aMsist- .ny door, lock, or of, or of any closet, contain any such r being so found !.s, the occupant )o deemed to nave antrary to the pro- *() V. c. 18. 8. 20. * (liceman, constable, ity, to see that the •vutcnnnt-flovemor in Council may declare any i,iceniiei«trictH tlieretor a Hoard of License CoiiiniissionerH and one or more Inspectoi-s. 40 V. c. 18, ss. 1 & 34 (1) 100. Inany License District so formed an appeal shall liefrom Arpful from any decision of the Stipendiary Magistrate in any firosecution ^te"tl|,*t2!i, or piDceeding unnformsti» all rules and regulations that are or nny he established by compoteMt authority in such behiilf; then this obligation shall be null and void, otherwise to remain in full force, viituo and ellect. In witness whereof, wo have signed these presents with our hanils, and ac'i!oil them with our seals, this day of , A. D. one thousand eight hundred and Signed, sealed and delivered ) ill the presonco of us ) T. U. V. W; X. Y. L. S.l L. S.l L. S.1 39 V. ihed. B. SCHEDULE «C." ' -i , {Section 65 and 75.) -' \ '■' • Gbnbkal Form of Information. • I '<■ Ontario, ■) The Information of A. B. of the Township of York r County of York, > in tho (Jounty of York, License Inspector, laid befcre To Wit: ) me C. D., Police Migistrate, in and for the City of Toronto [or one of Her Majesty's Justices of the Peace, in and for the County of York], the day of in the year of our Lord, one thousand eight hundred and The said informant says, he is informed and believes that X. Y. on tho day of in tho year of otir Lord, one thousand eight hundred and , at the Township of York, in tho County of York, unlawfully did sell liquor without this license there- for by law required [or ax the case may be — See forma in Scheduk D]. A. B. Itiiid and signed before me tho *lay and year, and at the place | first above menti otied. C. D., P M. or J. P. [Title XII. | Title Xll.J LIQUOB LICBKSKS- Chap. 181. 33a L1CEH8B. £ T. W. of mly bound unto Her in tho ;ienal sum ot f Canada — that is to ed dollars, tho saiil .d X. Y. in the sum of for payment of whiclt )ach of ns, our heirs, ts. lin a license to- keep a- of ; the '. U. pays all finep and ly offence against a^y low or hei'oaftor to \v:f he sold by retail, aiil ^reof , and ci >nform» ti» blished by conipotcMt all be null and void, 8 with our hanils, and , A. D. one thousand T. U. V. w: X. Y. L. S.l L. S.l L. S.1 t. « ihed. B, ;he Township of York,. I Inspector, laid befiT© in and for the City of Peace, in and for the year of our Lord, one ilievcB that X. Y. on year of our Lord, one Township of York, in tout tha license there- « in Schedule D]. A. B. s- SCHEDULE D: {Section 15.) ", Forms fob Dbsoeibiho Ombhoks. 1. Neglecting to keep licente exited. (Section 37.) « That X . Y. having a Ucense by -^'^'^^lrJi;l2'^^lXl^^' Sf"y 3 dl expose thi said license^n hi. wLhouse \^^ fhL bar-room of his tavern, or in the bar-saloon, or bar-cabm of hu. veod, .' " That X. Y. having a shop license on at nnlawfoL^/ ;,.y .-..-.-...- -. .■.,„,...: . ; ,.... [TiTLK XII quantititM. (Peo* at lions [or, tlian one- n bottles of ihxee- 45.) unlaw- a), and for the sale Ills shop [or within L a building which purchaser of such e building of which whokaale liteme^ at ession for sale] and Dnsumed within his paitof (oris appui- th a warehouse or disposed of) under t a broken package at dicinal purposes [or one time without a r sell liquor without nse Act. a vessel called the did sell [or dispose issenger on such ves- 3 consumed on such e»Me /4ct" for the sale OSes, as required bjr louse, or beer-house, ity [or Town, or Vil- on [or allow] gambling, [or house J.' on »- suffer to 5^bide and ig to a police force, m duty, and not for •der, or executing his. Title X 11.] * LIQUOR LICENSES. Chap. 181. 339 15. Com^cnnUing or con^por^i^ a proucuiion. (Section 56.) • Th.tX. Y. havingviolatedapro^^nof^^^^^^^ .«,e. or 0.S, or attempt ^^^.^^ with A. B., with tb«J/rv^*f „73g ri^ of of of stopping, or of hav- ?n^h?rplKiltrnrpe1tC^of dismissed, a. tie cau nu.y H 16 Being doncerned tn compramuing a pro«e«eio«. (Section 56.) .+ unlawfully was concerned » That X. Y. on « composition, or a settlement] of an in lor a party to] J com?""""* l^ * ^provision of " The Ligmr lAunm offence committed by J. r., agam«» » f Act:' „ such witness on a trial K P^^^^^.^ o P., a witness in such prosecu 18. R,if»iAng to admit policeman (Section 95.) being in (or having "ThatX.Y.onthe being a place where liquor is sold [or re- charge of) the premises of O. Y., ^}"8 » J ^^^^ [^ did obstruct place]. J9. Officer refusir^ to prosecuts. (Sections 94 and 97.) "That X. Y. being a Po"- o^c^^ [-^ --^^^^^^ Licenses] in and for the Townsh p of York, ^"^^^l^^^j^.^^ a„ offence amnst that O. P. had on r • . ^,* " unlawfully and wilfully did ana a povision of " The I^^i^^^CJiO P? *or hU said offence." B^m does neglect to prosecute the said u. jr., I , SCHEDULE "E." , " (Section 75.) . .^ -, „t I.„«ml»r, A.p 1876, «' *;!t^*JU°"3.o Towmhip of Vork. ra M.gi.lt.t. ill wd '<«">,« "'5 'S .^" a^H., two of H« M. ertjr's Jn.- Ih, County »f Y.itk, W"" °- ^ rf VoAl duly coimoted of lu.olg "" Uc. of th. Pe"- fo' •;• %A «,,™«« of Vo.k«Ul., ir. lh« County rYS.1,S.°iM^r,?fi,- ••S*-' il^Hcn^ thorefo,»,.»*l.r Uw [or and year, and at the place first ^ j above mentioned, I - :■*-'-■ CD., ) • --'.■ J. P. SCHEDULE "F." ^■1 To J. K., of the City of Toronto, in the County of York, {Section 76.) Summons to Witness. Ohtabio, County of York, To Wit • I Whereas, information has been laid before me, CD., one of Her. Maiesty's Justices of the Peace in and for the Coimty of York, {or Police Magistrate for the City of Toronto,) that X. Y., being a druggist, on the 10th day of January, A.D. 187 , at the, Township of Vaughan, in the County of York, unlawfully did sell liquor for other than strictly medici- nal purposes, and it has been made to appear to me that you are likely to Bive material evidence on behalf of the prosecutor in this behalf. These are to require you, under pain of imprisonment in the Common Gaol, personally to be and appear on Tuesday, the sixteenth day of Jan- uary AD 187 , at ten o'clock in the forenoon, at the Town HaU, in the VUlajje "of Richmond HiU, before me or such Justice or Justices of the Peace as may then be there, to testify what you shall know in the prem- ises [and also to bring with you and there and then to produce all and every invoices, day books, cash books, or ledgers and receipts, pronusso^ notes, or other security relating to the purchase or sale of liquor by the said X. Y., and all other books and papers, accounts, deeds, and other documents in your possession, custody or control, relating to any matter connected with the said prosecution]. ^ j\ ^a>j Given under my hand and seal this I2th day of January, A.U. 187 , at the Village of Richmond Hill, in the County of York. J. P. (L.8.) SCHEDULE "G." (Section 76.) Form of Oohtiotiok for First Offbhor. Ootario, ) Be IT REMBMBitRRD that on the sixth dajr of January, County of York, > in the year of our Lord one thousand eight hundred To Wit • \ and seventy-seven, at the City of Toronto, m the ro il O . ,nty ..f York, X. Y. is convicted before me, C D., PoUce Magis- lUMiiii ii iiriii(w«wiiwiunty, in his premises, being a place where liiji nor may be sold, unlawfully did sell liijuor during the time prohibited by " The Liq^wr Li- cense Act" for the sale of the Hame, without any requisition for medicinal liurposesas required by siiid Act, being i.ioduced by the vendue or his a;,'iiit (or as the case may he), A. B. boins^ tlie informant and I {or we) adjudge the said X. Y., for his said ollence to forfeit and pay the sum of twenty dollars, to be paid and applied accordinvj to luw, and also to pay to the sivid A. B. the sum of six diUara for his costs in this behalf, and if tiio said several suin» be not paid toithwith, then* J (or we) order the said tnins to be levied by distress and siiln of the goods and chattels of th« 8_ddX. Y., and in default of siillicicnt distress in that behalf* [m- where Hie iainiing oj a disln>ss warrant would be rmvnuii to the defettdaut "nd lis family, or it appears that he has no gowli irhrreou to levy a uUtresa, iluiit instead of the word^t between tlui asterisks** smj "inasmuch as it haa now been made to appear to ine {or us) that the issuing of a warrant of distress in this behalf would bo ruinous to the said X. Y. and his family," or " that the said X. Y. has no goods or cliattelu whereon to luvy the said aeveral sums by distress"], I (or we)Hdjudgvi tlie said X. Y. to be imprisoned in the Common Gaol for the County of Yoik, at Toronto, ill the said Conntv, and there to bo kept for the space of fifteen dayn, unless tiie said sums and the costs and charges of conveying the said X. Y. to the said Common Gaol, sliall be sooner paid. Given under my hand and seal [or our hands and seals] the day and year firat above mentioned, at the Cay of Toronto, in the County afore- said. CD., (L.S.) Police Magistrate, orE.F. J. r. (L.S.) G.H., , ' J. P. (L.S.) SCHEDULE "H." {Section75.) - Form of Conviction foe a Third Orst-jiCE. Ontario, \ Bb it Remembered that on the twenty-second day of County of York, > January, in the year of our Lord oii« th.)Uiand eight To wit : ) hundred and seventy-seven, in the City of Toronto, in the said County, X. Y. is convicted before the uudersignod C. D. , Police Magistrate in and for the City of Toronto, in the said )Mnty [or C. P. and E. F., two of Her Majesty's Justices of the Peace in ; "or the said County], for that he, the said X. Y., on the thirtieth day oi ooembor, in the year of our Lord one thousand eight hundred and seventy six, at the City of Toronto [or Township of Scarboro], in said County (as the case may be), having violated a provision of " The Liquor TAcetm Act," unlawfully did attempt to settle the offence with A. B., with t.he view of having the complaint made in respect thereof dismissed. And it appe.irini; to me [(rr us] that the said X. Y. was previously, to wit. on the 15th day 'of Decem- ber, A.D. 1876, at the City of Toronto, before, &c. , duly convicted of having, on t'le 30th day of November, A.D. 1870, :it tha Village of York- ville, unlawfully sold liquor without the license therefor by law required. And it also appearing to me [or us] that the said X. Y. was previously to wit, on the 28th day of November, A.D. 1876, at the Township of Vaughan, before &c., (see above) again duly convicted of having, on the 2)idday of November, A.D. 1876, at the Village of Markham (bein" the l;eeper of a tavern, situate iii the said Village of Markham), uniawlully .•illowed gambling in his said tavern {or at the case may be). 338 Chap. 181. MVNlf^TP'T V ^TTFnS. [Tttt.t Ml. CD. or C. D. B. L. (L. 8.) SCHEDULE "I." (Section 7B.) WARWWT or C0MM1TM.NT ^^J^^^^"^ OKT.BTO. ) TO ... or any of the Ccm'tables - ^rtS Keep^o'l tlio County of York. '■ , n *« wm n» tUeby "Ij'.'lS'J 'f "" •"'' "(„;»<«»•*'*"»>■ "''.•'•rt? f"' And it wu "■""''y^'"?'. .t. .liS? ¥ should bo impnraied m Iho , JSdnotb»p«dforth».h th..»dX.^^*^ |„ ,h/«id Co»»ty of *^T/„ ,j;.*res» u-arrant iM'iea «'"» «'"» __ ^, „ ,-.1, j__ of Janua) wamint to the said ConstableB or Peace umce , ^^'^j^^^gg ^nd sale of £g3t'dXtU of the Baid X 7^ ; ^ ^^^^^ ,,e ^t;^ of tijo "And whereas it »PPt'%*L^onKle who had tie execution of tiie distrm, then, insteml of the Songmng diiirm uxirrant, cfcc, say : to me (or us), that tne [Tttt.7 \II. TiTL. A 11.] LIQUOR LICINSBS. Chap. 181. 339 Diiibefore firstly n>Mj- lAcenu Act," (A. B. Hid X.Y. for hw said of the 8»id County of re to be kept at hard the cow may be). lealslthedayMidyeai- York. I. D. I. D. B. L. Sis') WHCR» A PMHAtXt n and other Peace OfBcerf , and to the Keeper of i County i»t Toronto, in n the Bwd County, was D., Police Magistrate in „tVo of Her Alftj-^y" nto or County of York, n »* enso therefor by law ro- leins^ the informant), anfl his said offence, should %viction), and should pay costs in that behalf, if the said several anm* ,uld bo imprisoned in the , in the said County of »^««« . .u 'T^T of conveying the saia '4.. aid. .„„ said several sums, or any jreof has elapsed. . ; no goods, w not m^meni 6th day of January, A.U. e said Justices), issued a oranyofthem,tolevvthe by distress and sale ot wll, by the return of tiio had the execution of the 8 made diligent search fnr that no sufficient distrew "1 ',utd be ruinoits to tliedsfen- no qooda whereon to U^a ftheimieand rttum o/tAe Bar to me (o^ ?«»)' *1^* £ If would be rumoUB to the said X. Y. has no goods or treBs"cM«fc«co«eniay04 Thesr are therefor* to command you. the said Constables or Peace Officers, or any one of you, to take the aaid X. Y., and him safely convey to the Common Gaol aforeaaid, at Toronto, in the County of York, and there deliver him to the wid Keeper th'^reof, together with thu precept. And 1 (or wo) do hereby command yoa the Mid Keener of the wid Common Gaol to receire the wid X. Y. into your ouatody in the said Oommen Gaol, there to imprieon Um and keep him for the apace of , unless the said several wam» and all the ooati Mid chargea of the said distress, amounting to the ram ot . . ^ ' ""^ "A * , commitment and conveying of the said X. Y. to the wid Common Gaol, amountinff to the further aum of _ , •nail be sooner ^id unto you the said Keeper, and for so doing thu shall be yoor suffiaeut warrant Given under my hand and seal (or our hands and seals), thia day of A.D. 187 , at Toronto, in the laid County of Yoik, CD. orO.D. B. P. SCHEDULE "J." (iSeoMon 75.) WaBBAHT or COMMITMBNT FOR SSOOHD (OT TKIS») OffEHOB, WHZU PDKIBHMENT IB BY IMPBISOKIIEST OMlT. Ontae-o. ) To ALL or any of the Oonsiablos and other Peace Offl- County of York, } cers in the said County of York, and to the Keep-w To Wit : ( of the Common Gaol of the said County, at Toronto, in the County of York. Wherea* X. Y. , late of the <>* „ ^ "» *' !?"**/? n"*^'7? on this day convicted before the undersigned C. D., AOy (or O D. and K. P. , &o., OS in precedmrf form), for that he, the said X. Y. on ftfc (»l!a(e offeuee with prevmia conmettona as aet forth %n the eonve- tiwfor the secmd or third ofoMce, or asthi eaee may be, and thm woceed thus) "And it was thereby -adjudged that the offence of the said X. Y., hSnbofore firstly mentioned, washis second (or Uiird) offence agmnst -m Liquor Lice^ Act," ( A. B. being the informant). And itwas theioby further adjudged that the sni^ X.Y., for his said second (or hird) offence, Bhould be Lnprisoned in th. Common Gwlof the »aid County of York at Toronto, in the said County of York, and there to be kept at hafd labour for the snace of three calendar montliB. ..«.,, _« miese ire therefore to command you the said ConBtables, or any one of von to take the said X. Y. , and him safely convey to the said Common SSl at Toronto aforesaid, ^d there deliver him to the Keeper thereof, Sm thia precept. Aud I (or we) do hereby command you, the said Koeper of thesaid Commou ^4«ol, to receive the said X. Y. mto youi cwltody in the said Common Ga-l.there to impnsonhim and to keep h«n at hard labour for the space of three calendar montha. Given under my haiul ■ day of A.D. 187J ' nd seat (or our hands and seals), this , at Toronto, in the said County of Yotk. C D. orC D, E.F. (L.3A L.S.) (L.S.> A 340 Cliap. 182. MUNICIPAI- MATTERS. (TiTLB xn. CHAPTER 182. An Act respoctinj; Muiiicipiil Prohibition of the Sale of Intoxicating Liquors. I Short UtU. 8hort title, s. 1. Intorpretatiiin, ■.2. Towor to MiiuioipalitieB to piwB by- laws prohibiting sale of iiqiioiti, 8. y. _ 1. On motion of the Council, s. o. 2. At instance of thirty ratepay- ers, 8. 0. ^ Submission to the ratepayers, 8. .. Communication to Inspector of Lic- enaus, s. 8. Communication f)f County by-law to Clerks of minor municipalities, 8. 9. Coramencomont of by-laws, s. 10. When may be repealed, •. 11. Oononrronco in by-laws of a neigh- bouring Municipality, s. 12. Restrictions on sale of liciuom where by-laws are in force, s. 13. Punaltios, s. 14. Prosecutions, ss. 15-32. Applicatiim of penalties, s. 33. (lusts of prosecutions, s. 34. No I'.ertiornri allowed, s. 35. > Dufucts of form, s. 30. _ ( Ofticurs to enforce this Act, ■. 37. ' Provi8i(ms of Rev. Stat. o. 181, ap- i plioable, 88. 38-42.* HER MAJESTY, by and with the advice and consent of the LogisUitive Assembly of the Province of Ontario, enacts OH follows : — I. This Act may be cited as "The Temperance Act of Ontario." INTEKPRETATION, &C. a. In the construction of this Act, "Intoxicatino liquor" or "Intoxicating liquors," wherever lV:H"«r "" those expressions occur in this Act, shall mean and comprehend all si.irituous and malt liquors, all wines, and all combinati(.ns of liquors or drinks which are intoxicating. 27-8 V. c. 18, 8. 50. PROVISIONS AS TO LOCAL PROHIBITION. " . 3 The Municipal CounciLof every County, City, Town, Townshii), or incorporated Village, besides the powers at pre- sent conferred on it by law, shall have power at any time to nivs a by-law for vMohibiting the sale of intoxicating liquors uii'.i the 'issue of licenses therefor within such County, City, Town Township, or incorporated Village, under authority and for enforcement of this Act, and subject to the provisions and limitiitions hereby enacted. 27-8 V. a 18, s. 1. Every Municl pal Council It ly pr-hibit the D«l« «i iatoiicating Jiqaurn. h; (TiTLit xn. r n of the Sale «alecl, a. 11. r-laws of a neigh- icipality, b. 12. ' I of luiuoni where force, 8. 13.' lo 16-32. naltios, b. 33. ions, 8. 34. M'ud, 8. 35. •M. a this Aot, s. 37. f. 8tat. 0. 181, ap- 38-42.* e and consent of ince of Ontario, iperance Act of juors," wherever 1 and comprehend all combinations 7-8 V. c. 18, 8. 50. :tion. ity, City, Town, B powers at pre- »r at any time to Doxicating liquors ch County, City, \er authority and be proviHions and 1. Title XII.] proiiihitory liquor nv-LAws. Chap. 182. 341 4. Such by-law sliall be dmwn up and pa8Ht>d in ordiriiirv Form of bj- fom», and .shall not have en»hodiod therein any other provision ''*• than the simple declaration, that the sale of intoxicating li- quors and the issue ' >r licenses therefor is by such by-law pro- hibited within such County, City, Town, T()wnHhip, or incor- (H)rated Village, under authority and for enforcement of this Act. 27-8 V. c. 18. s. 2. 5. Any Idunicipal Council, when passing such by-law, may ai»j b« tub- order that the same be submitted for ap|)roval to the munit-ipal 'n'»»iiMiH)i«>«l fur four con- sct'utive WKoks in wtme newnnaner piilili.ihud weekly or oftoner within the Municipality, or ii tnero in no Huch newspaper pub- liHhed in the Municipality, tlien in Honie newH|)aper publiHhed aH near thereto as may \hs, and also by posting up coitieH of the Hamc in at leant four public places in tlie Munici|>ality, and if the by-law is for a County, then in at least four public places in eneh Municii)alitv in the County, with a notice si^'ned by him, signit'yiny that on some day within the week m-yt after such four weeks, at the hour often in the forenoon, and at gonu! c(mvenient place (or places if the by-law is for a County), named in the notice, a meeting of the municipal electoi's of the Municipality (or if the by-law is for a County, then for each Municipality in the County) will Iw held, for the taking of a poll to decide whether or not the by-law is approveil, or is adopted (as the case may be) by such electoi-s. If it be (St • Oovtntf. 2. If the by-law is for a Coimty, the jxdl shall not be taken for tlie whole (Jounty at one place, hut shall be taken in each of the several Municipalities of the County, respectively. ill Who tb«U Ereiida ; and I* pow«ri. Clark to at- tend with M- MMmepi mill. 3. At the meeting, the Mayor or Reeve of the Municipality in which the same is held — or in his absence such (jther member of the Municipal Council thereof as may be chosen by the meeting — or if no such member is present, then any ir.':n:- cipal elector who may be chosen by the meeting — shall preside, and shall have all the powers for the pivservation of the public peace which by law are vested in a Returning Officer or Deputy Retxirning Officer at a municipal election ; and the Clei-k of the Municipality shall attend thereat with the last revised assessment roll of the Municipality, or certified copies thereof ; and the only business to be transacted shall be the taking of a poll, as signified by such notice. How elector! 4. Each elector desiring to vote shall present himself in turn »nd whllt oath ^^ ^^^® person presiding, and shall give his vote "yea" or "nay" they ihull — the Word " yea" meaning that he votes for the by-law, and "'"• the woi-d " nay" that he votes against the same ; and every vote given shall be recorded in a poll-book by the Clerk, or in his absence, by such person as may be named to act as Poll- Clerk by the person presiding ; but no person's vote shall be recorded unless he appears by the assessment roll to be a duly qualified municipal elector, and further makes oath (if thereto required), in terms gf Schedule C to this Act. tiioaing poll 6. If at any time after the opening of the poll, one half hour TotMi!°* **^ elapses without a vote being offered, the poll may be closed. Duratiun of poll in other 6. Unless for that cause closed earlier, the poll shall be kept open till the hour of five in the afternoon of the day of tbe opening thereof, and no longer, if the names of the qualified [Title X FT. M'd f»»r four con- woekly or oftonor h nowHpapor pub- H|)apur piililmhed g u|> copies of till) |iinici|)ality, and if ur public places in notice .si;,'niMl by le week m-yt aftt-r ^ forenorm, and at w is for a County), ipal oltK'toi-H of tho nty, then for each or the takin|,r of a is approved, or is shall not be taken 11 be taken in each respectively. if the Municipality )sence such (jther s niav be cliosen by !nt, then any iii'ini- tiny — shall preside, .'ation of the public ig Officer or Deputy ; and the CleiTc of th the last revised ified copies thereof ; 11 be tho taking of ^nt himself in tum ^ote "yea" or "nay" for the by-law, and e same ; and eveiy by the Clerk, or in imed to act as PoU- •rson's vote shall be nt roll to be a duly kes oath (if thereto ;t. ! poll, one half hour 11 may be closed. 3 poll shall be kept 1 of the day of the aes of the qualified TiTI.K XII. I I'KOlltUITOItY LH^UOU UY-L.VWH. Cluiji. IM'i. U43 municipal clectorM on the assessment roll of the Municipality are not more than four hundred in numlter ; ami until the like hour of the ne.xt day (Sundays and holidays excluded), if such names are more than four hundred and not more than eight hundred in numb«>r ; and so on, allowing one additional day fur each additional four hundred namen. 7. Until closed pursuant to one or other of the f»•• electors voting thereon ; nor, if any such repealing by-law (upon being submitted to the electors) is not so a[>i«roved, shall any other repealing by-law be submitted, for the like ap- proval, within the full term of two years thereafter. 27-8 V. •c. 18, 8. 5. " '*^*miin)M««t«Hitawi«MM 344 Chap. 182. MUNICIPAL MATTERS. [TiTLK XII. 1«; lit m III II 8. Every by-law pas.see8, Certificate to be endursed. Certiflud copies of by- law to be evi- dence. into force. Its duration. When the by- 10. Every by-law passed under authority and for enforce- i!"'*^!!.'.'"""*' ™6"*^ of this Act, shall come into force from the first day of May next after the final passing thereof ; and every such by-law shall continue in force until the first day >i May next after the repeal thereof; but this provision shall not affect any question as to the validity of any by-law passed before the second day of March, 1877, or the time at which any by-law voted on before the first day of May, 1877, is to go into effect. If there is a 2. If at the time of the coming into force of any County by-law of a bv-law, passed under authority and for enforcement of this Act, minor Munioi- •' .'i. . .,. -hr • • fi e • i. n paiity in force, there IS w f orce withm any Municipality tormmg part oi such County, any other by-law passed under authority and for enforcement of this Act, the operation of such last-mentioned by-law shall be and remain suspended for so long as the County by-law continues in force, but shall revive, in default of ex- press repeal thereof, if the County by-law is repealed. 27-8 V. c. 18, s.8;'40V.c. 8,8.72. Not to be re- 11. No such by -law shall be repealed within the full term of peeded within a ^^^ ygJ^. f ^.^j^ ^jjg ^jj^y upon which the same came into force. certain t.me. ^^./y^ ,_ jg, S. 9 ; 40 V. C^ 8, S. 72. Conoarrence of IS. The iviunicipal Councils of any two or more neighbour- Munic'ipaiiHei "'8' Miiiiiiipiilities, wherein any such by-law is in force, may [TlTLK XII. and f»r enforce- eliveiy of a co})y ictor of Licenses ' affected thereby (d by the electors, opy so delivered, he Clerk, in the e like effect. d by the electors, by the Clerk, to- reon endorsed or m of Schedule E, tjiken as a duly of such delivery, \ c. 18, s. 6. ^ee ,t the same time, he Clerk of each id keep the same thereof. 27-8 V. and for enforce- e first day of May ^ery such by-law Lay next after the Feet any question ■e the second day by-law voted on effect. e of any County ement of this Act, forming part of authority and for jh last-mentioned mg as the County in default of ex- is repealed, 27-8 n the full term of e came into force. p more neighbour- BT is in force, may Title XII.] pr■ or in the name of, the Inspector o Licenses j;^^V? ™^ — "-" official district the offence was committed ^'' ^y^^^^]^^^'-:^^ of the Corporation of the Municipality ^^«»-«»"JJ^ "™^ committed, or by or in the name of any person, ^^l^^^^'^^";^^^^^ Led by the Council of such Municipatity or not ; a^nd where tlip Iw l«w is a County by-law, the Corporation of the County , enuX with that ^fthe^unicipality comprised therem, and Sn^^th the offence was comU.1,^^^^^^ ' authorize .--ny person to prosecute. 2/-8 V. c. 18, s. 1* ^ij. 2. Sucn prosecution may be brought before a^Y Stigncliary And^befj.^ ^ Magistrate, or before any two other Justices «f . t^;^^ ^^^^^^^^^^^ the County or Union of bounties wherem the f^.^^ ^^^^^ mitted • or if the offence was committed m any City oi lown hatfnt'aPdice Magistrate, then before such Police Magis- trZ - if ttoffence^-- committed in -y f^f -JXeo^' having a Police Magistrate, then before the Mayor theicoi. 27-8 V. c. 18, s. 14 (3). 3. If such prosecution is brought before any such Stipendmry if Wo^^a^ Magistrate, Police Magistrate or Mayor, no other Justice shall ^^^,,,^^ K take part therein. 27-8 V. c. 18, s. 1 4 (4). 4. If such prosecution is brought before any two other Jus^ if befo^two f ipp^ of the Peace the summons shall be signed by both ot them and' no Injustice shall ^t or take Vff^^J^^ * less by reason of their absence, o^ the absence of one of tj, nor yet in the latter case, unless with the assent of the other of them. 27-8 V. c. 18, s. 14 (5). . 17 Every such prosecution shall be commenced- within three ^^»\'«;|^1,, Jnths aftS the aSeged offence and shall be heard and deter ,,, mined in a summary manner, either upon the confession ot the defendant, or upon the evidence of one or more witnesses. 27-8 V. c. 18, s. 16, so uut in issue, the production of a copy of such by-law certi fi4 under the hand of the Clerk of ...e Municipahty and havinrthereon a certificate under the hand of the same officer of the^due publication (if requisite), shall be conclusive proof of th^ pS and of the tenor thereof, and also of such pubh- ^tioiiTsoirtified; and no fact so certified touching such ?; law shall be incidentally put in issue or questioned in the course of any such prosecution. 27-8 V. c. 18, s. lb. winM«UMiiAii^.''sn ' -ffT { 348 Chap. 182. MUNICIPAL MATTERS. [Title XII. 11 ■ : in- Ex parte if de- ferdant d'fa noi appear. SevoMi ..ffen- 19. Two or moie offences by the same party raay V.e dem may be dujed in any such complaint, provided the time and place of included. ^^^^ offence is stated ; and in that case, the forms aforesaid shall be altered, so far as may be necessary, accordingly ; ProviBo : tot«i 2. But whatever may be the number of the offences so in- peimitv eluded in one complaint, the maximum of penalty imposal-le limited. ^^^ ^^^^^ ^jj ^^^jj .^ ^^ ^^^ exceed one hundred dollars. 27-& V. c. 18, s. 17. aO. If in any such case the defendant fails to appear as re- quired by the summons, the Justice may proceed ex parte to the consideration and hearing thereof, and may adjudicate therein, as fully and effectually to all intents as though the defendant had duly appeared in obedience to the summons, 27-8 V. c. 18, s. 18. , 31. Any such complaint may be amended before final hear- ing, in any matter of form or substance, upon application to that effect, by or for the prosecutor, and without costs, unless otherwise specially ordered by the Justice ; and on such amend- ment being made, tlie defendant (should he require it) may have H furtlier delay to plead to the merits, or for plea and proof, as may be ordered ; and if the complaint, in the opinion of the Justice, is so defective that a legal conviction cannot be based upon it, and is not amended, t^.e Justice may dismiss the case, with or without costs in his discretion. 27-8 V. c. 18, s. 19. Not to be di8 32. No such prosecution shall othei-wise be dismissed for any miei-ed for in- ^jgfegt, informality, error or omLssion ; but if it appears that the bTa'd^ourned' defendant has been, or may have been materially misled there- in certain ■\yy^ ^.he Justice may, on such tei-ms as he thinks fit, adjourn the further proceedings in the case to a future day. 27-8 V. c, 18, s. 20. Amendment ol complaint, If ndjudged too defective. ca«ee. No cocte againit prose- cnto7 if pro- bable cause- Serrioe of prooesa, ke. Depositions may be re- dnoed to writ- ing and filed. 23. If any sucli, prosecution is dismissed, the Justice, if he is of opinion that there was probable cause for the com- plaint, shall not award to the defendant costs against the pro- secutor. 27-8 V. c. 18, s. 21. 24. Every summons or other process, proceeding or paper, in any such case, may be served, and the service thereof certified under his oath of ofiice, by any bailiff", or by any constable or peace officer, duly appointed for the locality wherein the same is pending. 27-8 V. c. 18, s. 22. 2tS. In every such case, if the Justice so orders, or if either party so requires, the depositions of the witnesses shall lie re- duced to WTiting by the Justice, or by such Clerk as the Jus- tice may appoint to that end, and shall be filed of record in the cause. )|l' [Title XII, party raay lie in- time and place of ho forms aforesaid accordingly ; he offences so in- penalty imposal'le Ired dollars. 27-» lis to appear as re- roceed ex parte to d may adjudicate ents as though the J to the summons. i before final hear- ipon application to ithout costs, unless md on such amend- he require it) may ts, or for plea and lint, in the opinion mviction cannot be ice may dismiss the on. 27-8 V. c. 18, 36 dismissed for any ' it appears that the srially misled there- thinks fit, adjourn ire day. 27-8 V. c. 3ed, the Justice, if cause for the com- 3t8 against the pro- ceeding or paper, in ice thereof certified ly any constable or y wherein the same » orders, or if either itnesses shall lie re- 1 Clerk as the Jus- Bled of record in the Title XII.] prohibitory liquor by-laws. Chap. 182. 349 2. Such Clerk shall be entitled to charge and receive at the J- ^'^.•J*'^ rate of ten cents for each hundred words ot evidence so reducLd ^^^ p.^. to wntin- or of two dollars ^cr diem, in the discretion of the Justice-to be allowed on taxation, and paid by either party or partly by each party, as the conviction or judgment m the ca«e Ly ordain ; and it" no conviction orjudginent is »-'^nd^'';«^^tli^7- in within two months after the taking ot such evidence, then the fees of the Clerk shall be paid in equal shares by each party. 27-8 V. c. 18, s. 23. mi It shall not be necessary, in any such case, to pvoye Proof <|fp«. that an ofience was committed on the precise day «F^\ What shall be 80 deemed in private booMS or to residente. 2? In all such cases, the delivery of intoxicatm- liquoi of any kin.l in or from any buiWing, booth or place, o.bev tnan a privat wellin^--house or its aqx-ndencies, or m or innu any Swo 1 n.ihouse'm- its dependencies, if any part thereot is used ^ a avern, eating hoasefgiocery, shop, or other place ot common ?esoit-such delfvery in either case being to any one not bona Ma resident thereil^shall prhnafi^cieX.^ ^XtSi ^nd of and punishable as a sale in violation ot the thirteenth and o Jr eenTh sections uf this Act; and any such ^^-^^^^^7^1^^^^'^;^ a private dwelling-house or its dependencies, or m or fiom any X" building, booth or place whatever, to any one whether reSent thevdn or not, w\th payment or ?-«-« j;^ ^^y^ either express or implied, before, on or after such dehveiy t^prlL facie be deemed evidence of and pumshame as a 8ale in violation of the said sections. 27-8 V. c. 1», s. zo. S8. In any such case, the Justice may ^.^^^^^^.^^^y^?- '^-'-^ renreseiited to him as a material witness m relation theieto ^^^^., i , 3tl-BUch person refuses or -P^^^^^^^^^^Ztr'^'^"^^^^^^ such summons, the Justice may issue his warrant toi the aiitst of uch person and he shall thereupon be brought before the TusSce and if he refuses to be sworn or to alhrm, or to ister 'am question touching the case, he may be committed ?o lJ."coilin gaol, there to remain unUl he consent, to be sworn, or to aflirm, and to answer. 27-8 \ . c. 18, s. ^o. 28). Any pei^on examined or called ^^ a ^i^ness in any Witn^^ «uch oase shall be bound to answer all questions put to i^"h^,„,^„Mra^ whk'fthe Justice deems relevant, notwithstanding his a^- ^ wers n.ay disclose facts sub ecting or tending to subject him to a ly penalty or other criminal proceeding. 27-8 V. c. 18, 8. 2ti. [The onginal section adds the follawing : y,„t his answers shall not be used against himself in any prosecutibn or oriiniual proceeding.] 35U Panidty for Umpering with wit- nesiet. Dtfandant m»7 be exAm- Ined M to h<8 meHUa of tat is- fyingthejudg. niant. ImpriionmeDt if hii aniwerd ax» not latia- Uetotf. Chap. 182. MUNICIPAL MATTERS. [TiTLK XIL [Section 29 of 27-8 V. c. 1 8, provides aa follows : — 29. Any peraon who, either before or after the Bununoiis of any witness in any such case, tampers with such witness, or by any offer of money, or by tliruat <>r otherwiso, ilii-ectly or indirectly, induces or attempts to induce any such person tL^ [TlTLK XIL Uoivs : — ions of any witness offer of money, or J or ttttempts to induce ■wear falsely, shall bi> fee-] |der the said thir- T the amount of ;, may call on the issesses sufficient if the answer in the sufficiency of ling or not being it of distress ; and itive, or refuses to of the Justice, he rant of the Justice, to this Act, in the Union of Counties, han three months, soner at such Gaol ; y time obtain his ing full payment of 27-8 V. c. 18, s. 30. he time of the ren- appear to the satis- e issue of a warrant ng the full amount t may be forthwith rrant of the Justice, , for a period of not , counting from the ; but the defendant, iberation from such iuch amount and of fate the defendan interrogated shows goods and chattels enalty and costs, — 1 not shown to the a waiTant of dis- fuU amount of the fault, of immediate variant of distress uit ; and in default r being insufficient, ch Common Gaol, or to the effect of Title XIL] puohibitory liquor by-laws. Chap. 182. 35 1 Schedule K to to this Act, for a period of not less than one nor more than three months, counting from the day of his arrival as a prisoner at such gaol ; and the defendant, in that case. Liberation on m; y at any time obtain his liberation from such imprisonment, pw""*"' '" by making full payment of such amount and of all subsequent costs. 27-8 V. c. 18, s. 32. 33. All such penalties shall be disposed of in the following Appiioation of manner, that is to aay : penalti... 1. If the prosecution was brought by or in the name of J'P'*^"*^* the Inspector of Licenses, and not under authorization from tMof LioenHi. the Council of a Municipality, the penalty shall be paid to the Inspector, and, after paying one-third part thereof to the person (if any) on whose information he instituted the prosecution, .shall by the Inspector be paid in to the credit of the " License Fund Account " of the District, as mentioned in and subject to ^^^ g^^ ^ the provisions of section thirty-five of " Tlie Liquor License isi.a. 36. Act" « ■ 2. If the prosecution was brought by or in the name of the if by a Muni- Corporation of a Municipality, or by or in the name of any per- "'P*'"' son authorized by the Council thereof, the whole shall belong to such Coi-poration ; and the Council of the Municipality may pay over not more than one-half thereof, either to such person, or to any other person upon whose information the prosecution was instituted ; 3. If the prosecution was brought by or in the name of any if by a private person not so authorized, the penalty shall belong to the Cor- P"''* poration of the Municipality whose by-law is thereby enforced ; and in that case, the Council may pay over to any other pers ja upon whose information the prosecution wa.s instituted, not moi'e than one-half of the whole penalty, or may apply the same to municipal purposes as they see fit. 27-8 V. c. 18, s. 34 ; 39 V. c. 26, s. 27. 34. Any person bringing such prosecution under authoriza- Indemniftoa- tion from a Municipal Council, shall be indemnified by the Cor- outor'g'autho^ poration of the Municipality so authorizing him, for all costs rized by muni therein, whatever may be the result of the prosecution. ''"' oipalities ooata. to 2. Any person bringing such prosecution to a successful issue. Without «aeh without having been so authorized, shall be indemnified by the Mtiiori'y' Coi-poration whose by-law ia thereby enforced, for any amount of costs which, without default on nis part, he may have failed to recover from the defendant. 3. Whenever any person is committed to gaol under the Tho tame, thirtieth, thirty-first or thirty-second sections of this Act, the cost of his arrest and conveyance to gaol shall in like manner ^°*? "^ "o"- be borne by the Corporation whose by-law is thereby enforced. '*'""* ° *■*• • 27-8 V. c. 18, s, 35. < I ' i^ ' 7. 352 Chap. 182. MUNICIPAL MATTERS. [Title XII V" certiorari alloweil, nor •ppunl lo cer- tain caaes. 3«1. No conviction, juresiding at or eia- rs incident thereto, elections under the provisions may be . c. 18, s. 38. id" shall be con- iions of this Act ; led to take effect d Village, or Town- ty and for enforce- 27 (1). Title XII.] prohibitory liquor by-laws. Chap. 182. 353 39. The Lieutenant-Governor in Council may, notwithHtand- 2,7»';^»^«j; incthat anysuch by-law aflectM the whole of any J^"^/' iB«y^b..p- nominate a Board of CommiHsionern of the number and for he P" "t'J^w^^- period mentioned in the third section of " T/ie LiAjmrr Lweiise ,„„,. Act," and also an Inspector ; and the said Board and Inspector luv. sut .. shall have, discharge and exercise all such powers and duties "». • • respectively for preventing the sale, traffic or disposal of liquor contrary to the said Act or this Act as they respectively have or should perfomi under the said Act. 39 V. c. 20, s. 27 (2). 40. The sale of liauor without license in any Municipality P|_o;^~«j«»;^ where this Act is in force shall novei theless be a contravention ,, j„ ,,^. of sections thirty-nine and forty of • The Liquor Lwense Act" and the several provisions of the said Act shall have full force and effect in every such Municipality except in so far as such provisions relate to granting licenses for tho »ale of liquor by retail. 40 V. c. 18, s. 30. 41. The Board of License Commissioners and the Inspector Duti^^^^^^^^^ appointed for any License District under " The Liquor Lwense ,j„„„, . ,j Act " shall exercise and discharge all their respective powers and inap.otor.. duties for the enforcement of the provisions of this Act, with- in the limits of any County, City, incorporated yillage. Town- ship or other portion of their Licen.se District, in which any by-law under authority and for enforcement of this Act is in force. 39 V. c. 26, s. 27 (3). 4a. All expenses incurred in carrying the provisions of the B*^'"^" last section into effect shall be borne and paid in the proportion of one-third by the Province, out of the Consolidated Revenue Fund, and two-thirds by the Municipality within which any such by-law is in force, in cases where there is no License * und under " The Liquor License Act ; " and the proportion of such Rev. St«u expenses payable by the Municipality shall become diie and«"^- payable in one month after the same has been audited by the Provincial Treasurer, and after the Board of License Commis- sioners have requested payment of the same t>y n«t»ce \n writing to the Clerk of the Municipahty. 39 V. c. 26, s. 27 (4) ; 40 V. c. 18, 8. 35. SCHEDULE "A." {Section 5, sub-iection 2.) FOEM or BKQCISITION THAT BY-LAW BE 8UBMIITBD FOR APPEOVAl TO BI.B0TOBS. The undersigned, qualified municipal electors of ((kngvate iht MvmUi- p^^)X^hive^^ that any by-law which the Municipal CouncU there- 23 364 Chap. 182. MUNICIPAL MATTERS. [TlTLK XII. of may paas under aHthority and for onforcemoiit (tf " T/u" Tfmuernnn' Act of Ontario" at any time within cme year from tho date hereof, n« sub- mitted for ai)i>roval to t\w municipal electom of the said Municipality. Witneu our hands, this thouiftiid eight hundred and day of , in the year of our Lord one SCHEDULE " B." {Section «.) rORM'or RBgUISITlON FOR A POLL ON BY-LAW PROPOHED BY ELRCTOR8 FOR ADOPTION. The undersigned, qualified municipal electors of (deminate the Munici- pality), hereby require that a poll be taken in terms of " The Temjterancf Act of Ontario " to determine whether or not the qup'.ified municipal electors of the said Municipality will adopt, under author ty and for enforcement of the said Act, tho by-law following, which we hereby ^'opose for their adoption, to wit : The sale of intoxicating liquors and the issue of licenses therefor, is by the present by-law prohibited within the (desiynate the Municipality), under authority and for enforcement oi " The Temperance Act of Ontario." authority Witness our hands, this thousand eight hundred and day of , in the year of our Lord one SCHEDULE "C." (Section 7, sub-section 4.) OATH TO BE TAKEN BY ELECTOR. You swear ((►r affirm) that you are of the full age of twenty-one years, and a natural-bom or naturalized subject of her Majesty ; That you are a freeholder in your own right (or, in the right of your wife) of property in this Municipality ; [Or, That you are a householder in this Municipality ; and have been a resident within the Municipality for which this vote is being taken, for one month next before this voting ;] That you are the person named on the last revised Assessment Roll ; [Or, in the case of a »iei« Municipality in which th^re hoA not yet been any Assewment Boll, Tliat you are a resident freeholder or householder in {naming the property entitling the elector to vote on the by-laux^ j] That you have not before voted on this by-law ; That you have not received anything, nor has anything been promised to you, directly or indirectly, either to induce you to vote at this voting, or for loss of time, travelling expenses, hire of team, or any other service connected with this voting ; and ,. . That you have not, directly or indirectly, paid or promised anythmg to any uerson. either to induce him to vote or to refrain from voting. "^ 27-8 V. c 18, B. 5 (4) ; 40 V. c. 8, s. 50. [TlTLK XH. lit (tf " The Tfmf>fmnii' the date hereof, he »uh- he said Municipality. ie year of our Lord i>nt' TiTLK XII. ] PROHIBITOUY LIQUOR BY-LAWS, Chap. 1«2. SCHEDULE " D." (Section 8, mih-aectmi 2.) 365 PROPOHED BY ELKCTORH of (riemitiatf fhe Muniei- rniB of '' The Tem/jeraticc uPiified municipal electors r ty and for enforcement herehy j^'opose for their le of licenses therefor, is riyiMte the Municipality), imperance A ct of Ontario. " the year of our Lord one FORM or OBRTIPIi]}-section 3.) FORM OF OERTiriCATB OF AnOPTION OF BY-LAW BY ELECTORS. The by-law proposed for adoption by the foregoing retjuisition to the municipal electors of the said {denigmte the MunicipaHtij), has been by them duly adopted, in tenns of " The Temperance Act of Ontario.' Witness my hand, this day of , in the year of our Lord one thousand eight hundred and. .) ICTOR. 1 age of twenty-one years, ir Majesty ; [or, in the right of your cipality ; and have been a is vote is being taken, for ivised Assessment Roll ; thick there hoA not yet been freeholder or householder ! Corporation or otiisr jyroaecutur, as tlie case (jf ) may require,) in behalf of our Sovereign Lady the Queen, prosecutes C. D.) of {designate duly and sujpciently the (fe/«iMio7it), and complains : That the said C. D., at {designate duly the Municipality), on {designate the time or times), and at sundry times before or since, did {here state mccinctly tlie offence cliarged), contrary to " The Temperartce Act of OiUario," then and there being fully in force ; where- by and by force of the said Act, the said C. D. has become liable to piiy the sum of Wherefore the said pFOsecutor prays that the said C. D. be condemned to pay the sum of > with ooets. -i:g^^^et^i««asai"«» ^^VrttT mW'p'i" IW I H,b> lft » 'ii 866 Chap. 182. MUNICIPAL MATTERS. [Title Xll If^ SCHEDULE " G." {Seftum 18.) roHM or HUMMONH. . Peotinc. or ONTARi.., ) To C. D., of {dmgmU duly amlmfficiently th County (<«• an case may > defeiulant). be) of ) You are conmianaed to appear before (iw w n.o, an the ease may <«?) the Linrt vmrby (klnahthe pwmvUrr), who proBecu es you in Her Ma- Stb'ehalffi the' same are^et forth in the c"n.r amt Wo annexed, Lotlierwiae judgment will be given against you by default. Given under our (w my) hand and seal, this day of , in the year of our Lord one thousand eight hundred and , and m the County (or c« the case may be) aforesaid. ^^^^^^^^^ „^ ^eaU.) CBETiriCATE OF SBRVICB. I, the undersigned, E. F of (^'^^"t W^ ffit \taf o^tSf ^"'"'^ eeHifuim), do hereby certify, upon my oath of office, that on the ^rJ^t .1 did serve the within summons, and the com tified copy of the said summons and of the said complaint at the domicile t:^^iJ£'S:^^J^, by sneaking to'lfraeaVg with him a tnie aLd certified copy of the ^itf summons and of the said complaint at (To he dated and signed in «fce ordiiuiry rmwuwr.) III «TT" SCHEDULE "H {8eeti-ihi the offmc.) ; and I /•''', .^^J^^^jS" ,,..,. «o.) the ..i»i -f „rt«nco, t.) forfeit imd pay to (<nd seal, the day and year first aWe nientionotl. (SujiMtnr* . o. ^ c. 56, s. 1. a In case any person travelling or ^ei^g^^P^^, ^"y ^fZ^J. ^A to 8.2. ;*#-<« ^^H,^#ty i a w fl n » i »»»^'** «LW ' »*- W^' ii ' ■ 360 If the weight of one of them prevents thiH. Chap. 183. MUNICIPAL MATTERS. [Title XII. 3. In the case of one vehicle being met or overtaken by an- other, if by reason of the extreme weight of the load on either of the vehicles so meeting or on the vehicle so overtaken the driver finds it impracticable to turn out as aforesaid, he shall immediately stop, and, if necessaiy for the safety of the other vehicle, and if required so to do, he shall assist the person in charge thereof to pass without damage. C. S. U. C. c. 56, s. 3. 4. In case any person in charge of a vehicle, or of » horse or other animal used as the means of conveyance, travelling or being on any highway as aforesaid, is through drunkenness unable to drive or ride the same with safety to other persons travelling on or being upon the highway, he shall incur the penalties imposed by this Act. C. S. U. C. c. 56, s. 4. . „, S. No person shall race with or drive furiously any horse or ^Lwa ' "for- other animal, or shout or use any blasphemous or indecent Ian- bidden, guage upon any highway. C. S. U. C. c. 56, ss. 5 & (i. 6. Every person travelling upon any highway with a sleigh, sled or cariole, drawn by horse or mule, shall have at least two bells attached to the harness. C. S. U. C. c. 56, s. 7. Penalty on drivers, &c., too drunk to manage their horsea. Sacing, swear' , etc., on Siaigh horses to have bells. BRIDGES. Notice to be 7. Every person who has the superintendence and manage- Erid^es to **** ™eit of any bridge exceeding thirty feet in length shall cause whMi this Act to be put up at each end thereof, conspicuously placed, a notice legibly printed in the following form : applies. Form of. •' Any person or persons riding or driving on or over this bridge at a faster rate than a walk will, on conviction thereof, be subject to a fine, as provided by law." C. S. U. C. c. 56, s. 8. Penalty on 8. In case any person injures, or in any way interferes with ^^Soh^ n^ such notice, he shall incur a fine of not less than one nor more tioe. than eight dollars, to be recovered in the same manner as other penalties imposed by this Act. C. S. U. C. c. 56, s. 9. Fast driving 9. If, while such notice continues up, any person rides or r Hdden ^^es a horse or other beast of burden over such bridge at a pace faster than a walk, he shall incur the penalties imposed by this Act. C. S. U. C. c. 56, a. 10. RECOVERY AND APPLICATION OF PENALTIES. Penalty for contravening this Act. 10. In cases not otherwise specially provided for, if any per- son contravenes this Act, and such contravention is duly proved, by the oath of one credible witness, before any Justice of the Peace having jurisdiction within the locality where the offenoe has been committed, the ofifender shall incur a penalty of not iiig '-I ----■>--'- .i^-.-j— ■ I i - iiii ' i i rrjI i J i l'^ ii it lt i —^*"'-"-**— "-"—'"-•■ [Title XIL r overtaken by an- the load on either so overtaken the I aforesaid, he shall lafety of the other isist the person in S. U. C. c. 56, s. 3. cle, or of » horse or ance, travelling or rough drunkenness ity to other persons he shall incur the c. 56, s. 4. iously any horse or )us or indecent lan- 5, ss. 5 & (i. liway with a sleigh, II have at least two . 56, s. 7. dence and manage- 1 length shall cause isly placed, a notice r over this bridge at a be subject to a fine, as ;. U. C. c. 56, s. 8. way interferes with 3 than one nor more me manner as other c. 56, s. 9. iny person rides or er such bridge at a s penalties imposed PENALTIES. (dded for, if any per- intion is duly proved, ! any Justice of the ty where the offence ur a penalty of not ^ffiiniy't:>:?-:-fgn%>fiiaii i i^W^ Title XIL] EXEMPTION FROM TOLL. Chap. 184. '.m less than one dollar nor more than twenty doUara, in the discre- tion of such Justice, with costs. C. S. U. C. c. 56, s. 11. II. If not paid forthwith, the penalty and costs shall be le- To be enforced vied by distress and sale of the goods and chattels of the offen- ''^^ rne by the owners of difierent engines in proportion to the number of engines run over such bridges or culverts. 31 V. c. 34, s. 4. Notice before UBe of toll roada. SPECIAL PROVISIONS AS TO TOLL ROADS. ^^ 11. Before it shall be lawful to run a traction engine over any highway upon which a toll is established, it shall be the duty of the person proposing to run the same, to leave a notice In writing to that efiect with the keeper of any toll-gate on such road, at least two months previous to the running of such L= [Title XII. Title XII.] use op ekoines on hiofways. Chap. 186. 367 >ect of any difficulty pon the highway by be the duty of the very reasonable way son in charge of auch 7. Ty a bright red light light on the rear of ity, Town or Village and not more than by day and a bright of any City or ToAvn kgines from the right streets within the )rporation to apply to nty within which the shall direct notice to id upon the return of or refuse an order to s upon certain streets: ion so to exclude the jrevent their passage Listing opened streets. [ENED. ich engines over any all be the duty of the same to strengthen, 3 and culverts to be le same in repair so 'jorne by the owners ! number of engines c. 34, s. 4. - LL ROADS. traction engine over shed, it shall be the ime, to leave a notice of any toll-gate on the running of such engine, and .such notice shall also contain a correct statement of the weight of the heaviest engine proposed to be used. 31 W. The owner or owTiers of such toll roids, within two Ownenoftoll months after the delivery of such notice as aforesaid, and upon r"**!* *" receiving security to the amount of the cost of ruiiuired im- bridgen, 4o. provements, may cause all bridges and culvei-ts upon the said road to be so strengthened as, in the opinion of the County Engineer of the County in which any such bridge or culvert is .situated, to render the same safe for the constant passing of such engines. 31 V. c. 34, s. 12. 13. In the event of the owners of such toll roads neglecting If they do not, or refusing to comply with the requirements of the last preced- ^"g nia°y do ing section, it shall be lawful for trie parties about to iiin such the work, to be engines themselves to do the necessary work at their own ex- 'f'tolk."**'""* pense ; such outlay to be repaid to them by the remission of tolls upon the passage of engines and trains through the gates upon such road, until the whole of such outlay is repaid. 2. Such works shall be performed to the satisfaction of the Work to be County Engineer or other officer appointed for that purpose tionVf'county by the Municipality within which the highway or the greater Engineer. part thereof is situated. 31 V. c. 34, s. 13. 14. The owners of such toll roads may levy such tolls as ToUa. may be imposed by them upon the passage of any engine or truck through every lawful gate ; and if the owner of the pjoviaion for engine is dissatisfied with the rate of toll, the same may arbitration, be referred to the decision of three Arbitrators, one of whom shall be nominated by the owner of the engine, and one by the proprietors of the road, and the two so appointed shall choose a third, and the decision of the said Arbitrators or the majority of them shall be binding ; and in the event of the two Arbitra- tors first appointed as aforesaid failing or neglecting within one month to appoint a third Arbitrator as herein provided, then the appointment of such third Arbitrator may be made by the County Judge of the County within which the said tolls are to be collected. 31 V. c. 34, s. 14. I«l. It shall be lawful for the owners of any such road to Collection of enforce the payment of the aforesaid tolls in the manner pro- *°^' vided by law for the collection of the ordinary tolls upon such roads. 31 V. c. 34, s. 15. penalties. IC If any person contravenes this Act, and such contraven- Penalty for tion is duly proved by the oath of one credible witness before ^n^travening any Justice of the Peace having jurisdiction within the locality where the offence has been committed, the ofiender shall in- 368 Chap. 187. MUNICIPAL MATTEKS. [Title XII. cur a penalty of not loss than live dollars, nor more than twenty-live aollai... in Uie diflcrction of such Justice, with costs. 31 V. c. 34, 8. 17. Tobeenforcetl IT. If not paid forthwith, tho penalty and costs shall be by diHtr«M.. igYied by distress and sale of the goods and chattels ot the offender, under a warrant signed and sealed by the convicting Justice, and the overplus, if any, after deducting th3 penalty and costs and charges of sale, shall be returned, on demand, to the owner of such goods and chattels. 31 V. c. 34, s. 1». Or by im- priHonuient. 18 In default of payment or distress, the offender shall by warrant signed and sealed as aforesaid, be imprisoned in the Common Gaol for a period of not less than one day nor more than twenty days, at the discretion of the Justice, unless such fine, costs and charges are sooner paid. 31 V. c. 34, s. i\). Application of 10. Every fine collected under this Act shall be paid to the fi"*^"- Treasurer of the local Municipality in which the offence was committed, and shall be applied to the general pu.-poses thereot. 31 V. c. 34, s. 21. Recovery of 90. No fine or imprisonment under this Act shall be a bar damages. ^ ^he recovery of damages by the injured party betorc any Court of competent jurisdiction. 31 V . c. 34, s. 20. Rev. Stat. c. 91. Section two of " m Oeneral Road Vovir^nies AcV' 152 8. 2, to gjj^ii ply to Companies established for manufacturing or "^'^ ^" purchaiing traction engines, and working the same. 31 V. c. 34, 8. 16. CHAPTER 187. An Act to encourage the Planting of Trees along Highways. " Highway " defined, b. 1. Application of the Act in the caae of cities and towns, s. 2. Property in trees on highways, s. 3. Planting trees, s. 4. Injuring, trees, s. 5. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: — . . , . . )Hift*iii""«iii»'' [Title XII. are, nor more than Justice, with coHts. and costH shall Ije ind chattels of the 1 by the convicting lucting tha penalty rned, on demand, to V. c. 34, 8. 18. he offender sliall by imprisoned in the one day nor more <\ ustice, unlesH such V. c. 34, s. ID. shall be paid to the ich the offence was sral purposes thereof. is Act shall be a bar id party befor( any 34, 8. 20. ad Covipaniee Act " or manufacturing or r the same. 31 v . c. g of Trees along 1 trees on highways, s. 3. ■ees, B. 4. roes, 8. 6. TlTf.E XI T] I'LANTINO OF TUKF.S IN HKIITWAYS. Chap, 187- 3fl9 I. Th<' W'inl "highway," wliciievor it occur- in this Act, liit"r|>rfti»tiim shall Ik- ht;lil to mean and iiiclii'lf iiii\ i-iiblic h; 'iwftv, strr.-f, '.'/,J^|'^','|^^'y'„ roiid, lane, alU-y, nr otbtT coiiunimicution, iis wt>ll us any public place or Mipiarc. 34 \ . c. 31, s. 0. *i. Sections three and four of this Act shall not apply to in- Uyluw ii.<:or- corporatedCitii'H, Tf)wnsand Villui'fs, unless the (.'ouncil tlieiii*f ^I'P' *■"">»'"' Inst passoH a by law making the same apply thereto. ,VV V. tocittuHumi c. 3 1 , s. G. * «•"«""' •I. For the nurpost! of tliis Act, every shade tree, shrub and I'l'Mierty ■>/ sapling now growing on either side or any highway in tins Pro- wayn vo»tfiIiii vince shall, upon, from and after the pas.'^in/j of this Act, be tlio ownern of .l.-emed to be the property of tli- owner ..( the land adjacent '"'J"^*"'* '**'"'• to such highway opposite to wli h sucli tree, shrub or sapling is. 34 V. c. 31, s. 1. 4. Any person owning land adjacent to any highway may piantinBtreeH plant trees, shrulisor saplings (m the portion thereof contig nous to hi^ land ; but no tree, shruV) or sapling shall Vje so plantnl that the same is or may become a nuisance in the highway or obstruct the fair and reasonable use of the same. 2. Every tret shrub or sapling so planted in any highway Property in. shall for the purposes of this Actl)e deemed to be the property of 'i(^ owner for the time being of the land whose owner plauuKl the same. 34 V. c. 31, s. 2. » •I. Any person who ties or fastens any animals to any such injuring trees, tree, shrub or sapling so growing or planted upon any highway, oi- who injures or destroys, oi- suffers or permits any animal in his charge to injure or destroy, or who removes any such shrub, tree or sapling, or receives the same knowing it to be .so removed, shall, upon conviction thereof before a Justice of pg^^ty the Peace, forfeit and pay such sum of money not exceeding twenty -five dollars besides costs as such Justice may award, and . in default of payment the same may be levied of the goods and chattels of the person offending, or such pei"son may be im- prisoned in the Common Gaol of the County within which the Municipality is, for a period not exceeding thirty days. 2. One-half of such fine shall go to the person laying the in- Application formation, and the other half to the Municipality within which "'• such tree, shrub or sapling was growing. 34 V. c. 31, a. 4. .' ■ \ [See also Rev. Stat. c. 174, s. 454 (16).] ice and consent of the nee of Ontario, enacts A- 24 J' I'it'iiii'i 370 Clmi). IW\ MUNICU'AI. MATTKUH. [TlTLK XII An Act to prevent the Spreading' of Canada Thistles Occuimiitd of land to cut down I .'imadii thiBtlfS ov«3ry year be- fore maturity, s. I. Ovorsmsrs of Highways: To carry out Act in their High- way Divisions, b. 2. To notify land owners, ». H. And cut down thistlcM on do- fault of owner, a. II. To enter on lands if Rivilway Co. after notice by Municipal Clerk, 8. 4. To return account of expenses to Municipal (Jouncil, sm, 5-0. Municii)al Clerks to oUfy Htii on Masters, H. 4. Exjici.HOHof carrying nut aut: How paid to Overseer, i' (V-"«» **V«liM*i« n [TlTLK XII LUuuida Thistles. ,erkB (.. uufy Strium I'M, H. 4. civrryiny; >'Ut Aut : to OvcrBcor, i-*. 5-0. liiist, H. 7. ^er. tl by MuiiioiiJiility, r Bee(eer to ■ntei' on 'lo- aiilt. S. Each Overseer of Highways .shall keep an accurate ac- Acc.nmtof ^^^ count of the expen.se incurred by him in carrying out the provi- ^e|;t"by^ "ver- sions of the preceding sections of this Act with respect to each seer. parcel of land entered upon therefor, and .shall deliver a state- ^^^^^ ,,^,;, ^,,.,,j ment of such expenses, describing by its legal description the ^^ „„cu|.nM^ of land entered upon, and verified by oath, to the owner, possessor, resilient IukIh. or occupier of such resident lands, re([uiring him to pay the amount. . 2. In case .such owner, possessor or occupier of such resident J^fJ|^«;'^^/";,'; lands refuses or neglects to pay the same within thirty days '® ""'"' " ''"'■ " after such application, the said claim .shall be presented to the Municipal Council of the Corporation in which «"ch . ^^xpense ^_ ^^^^^^^^ ^ _ was incurred, and the said Council is hereby authorized and i„",'|„„':,,^, ,„.,,. required to credit and allow such claim, and order the same s.-er. to be paid from the funds for general pui-po.ses of the said Municipality. 29 V. c. 40, s. 4. ' 6 The said Overseer of Highways shall also present to the Kxr)enH.. in said" Council a .similar statement of the ''xpojises incurred by ^■«^;';,;:f^7;;;;,^^ him in carrying out the provisions of this Act upon any non- I , f'' n 372 Chap. 1«H. MUNICIPAL MATTEUS. [TlTLK XII. resident lands; aii.l the said C^ouncil is hereby authoi-ized and empowered to audit and alh)W the same in like manner. 2!) V . c. 40, s. 4. Ani.eal allow- 7. If any owner, occupant or possessor, amenable under the ^^- provisions of this Act, deems such expense excessive, an appeal may be had to the said Council (if made within thirty days after delivery of such statement), and the said Council shall determine the matter in dispute. 29 V. c. 40, s. 4. How expenseH 8. The Municipal Council of the Corporation shall cause all shall he reoov- ^^^-^ ^^^^^^ g^^ \^^y^, \^^,^,^ ^o paid under the provisions of tins Act en.d^^,ynum.- ^ ^^^^ .^.^.^..^Uy levied on the lands described in the statement of the Overseers of Highways, and to be collected in the same manner as other taxes ; and the same when collected shall be paid into the treasury of the said Coiporation to reimburse the outlay therefrom aforesaid. 29 V. c. 40, s. 5. PenaltyonHale 9. Any person who knowingly vends any gims or other of any Heed ^^^f[ among which there is any seed of the Canada thistle shall uli^tt need, for every such ofience, upon conviction be liable to a Jine of not less than two nor more than ten dollars. 29 V. c. 40, s. b. Penalty on 10. Every Ovei-seer of Highways or other officer who re- Overseer fuses or neglects to discharge the duties imposed on him by neglecting his ^^^.^ ^^^ ^j^^jj ^^ jj^^^j^ ^^ ^ fl^^ ^f jj^t i^gg than ten nor more than twenty dollars. 29 V. c. 40, s. 7. Recovery of 11. Every oft'ence against the provisions of this Act shall be penalties. punished, and the penalty hereby enforced for each offence shall be recovered and levied, on summary conviction, before any Justice of the Peace ; and all fines imposed shall be paid into the treasury of the Municipality in which such conviction takes place. 29 V. c. 40, s. 8. All Councils la. Aay Municipal Corporation in Ontario may authorize may authorize ^jje carrvinff out of the i)ro visions of this Act. 32 V. c. 41, s. 2. the carrying J o outof this Act. I [See also Rev. Stat. c. 174, s. 461 (15).] V * • Lj-,-...^^ , ii fi hi [TlTLK XII. eby authoiized and like iiiaimer. 29 V. inieiiable under the )t'nHu excessive, an ■ made within thirty id tlie said tlouncil V. c. 40, s. 4. ition shall cause all irovisions of this Act id in the statement ►Uected in the same n collected shall be ion to reimburse the any grass or other Canada thistle shall I liable to a fine of •s. 29 V. c. 4.0, s. (5. ither officer who re- imposed on him by s than ten nor more of this Act shall be eed for each offence iry conviction, before mposed shall be paid '^hich such conviction ntario may authorize Act. 32 V . c. 41, s. 2. 1-61 (15).] OBHKRVANCK OF THE LOUO's DAV. Chap. 189. 37:3 r> Public Morals. ChaI". 189. To provont the ProfMiatic)!! of tho Lord's Day, p. 373. CHAPTER 189. An Act to prevent the Profanation of the Lord's Day. Acts prohibited, ss. 1-0. Sales and purchases on void, 3. 7. Penalty, s. 8. Appropriation of, s. 9. Summary Convictions ; — Procedure, sa. 10-11. Defects of form, s. 12. Sunday Imprisonment, s. 13. Limitation of prosecutions, s. 14. Actions, etc. , against Officers : — Limitation of, s. 15. Notice of, 8. 15. Tender of amends, s. 16. Costs, 8. 10. Act not to apply to Indians, s. 17. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. It is not lawful for any jnerchant, tradesman, artificer, no sale to take mechanic, workman, labourer or other pei-son whatsoever, on pi^' o" Sun- the Lord's day, to sell or publicly show forth, or expose, or offer for sale, or to purchase, any goods, chattels, or other personal property, or any real estate whatsoever, or to do or exercise any worldly labour, business or work of his ordinary calling (con- or ordinary veying travellers or Her Majesty's Mail, by land or by water, work, selling drugs and medicines, and other works of necessity and Exception, works of charity only excepted). C. S. U. C. c. 104, s. 1, 3. It is not lawful for any person on that day to hold, con- Political meet- vene or to attend any public political meeting, or to tipple, or |,°f • "P^Jj" *'j to allow or permit tippling in any inn, tavern, grocery or house on'suaday. of public entei-tainment, or to revel, or publicly exhibit himself in a state of intoxication, or to brawl or use profane language in the public streets or open air, so as to create any riot or dis- turbance, or annoyance to Her Majesty's peaceable subjects. C. S. U. C. c. 104, 8. 2. ■" ' "■ ' ■*' .t ' jW^ l B Wj tM^ P!* tiW f!» W W 374 Cliap. lS!t. MUNICIPAL MATTKHS. [Title XII. UiimcH III ' ,llllUfll'tlltMM.~ pruhibiicil. UuntinK iin'i Kliuoting. Fishing. Jiatbiiifr. :i. It is not lawful for any poison on that day to play at skittles, hall, fo()t-liall,iack(!t, or any other noisy ;^'iune, or to f,'auil)k' with ilicc or otlicrwisc, or to run races on foot, or on horseback, or in carriages, or in vehicles of any sort. C. S. U. C.c. 104, s. 3. '1. Except in defence of his property from any wolf or other ravenous beast or a bird of prey, it is not lawful for ary person on that day to j,n) out huntinj,' or shootino-, or in (piest of, or to take, kill ()r destroy, any deer or other game, (H- an> wild animal, or any wild fowl o"i' binl, or to use any (h)g, gun, ritle or other cn<>-ine, net or trap, for the above mentioned purpose. C. S. U. C.'c. 104. .s. 4. •1. It is not lawful for any person on that day to go otit fish- ing, or to take, kill oi]irehen(ling such person, and bringing him before himself, or some other Justice of the Pi'aee having jurisdiction within the .same County or Municipality ; and the Justice be- for(> whom the person charged appears or is brought, shall ]iro- ceed to hear and determine the case, or the said Justice, on view of the offence, may verbally order, or if on the comjilaint of a third party, then n'lay, in writing, order the offender to be Q^^^jt^^^j, at once committed (although it be on the Lord s day) to tlie Common Gaol of the jilace, or into other safe custody, there to , remain until the morrow, or some other day, according to cn-- cumstances, until the case be heard and disposed of. C. S. U. C. c. 104, .s. 9. 1 1 The Justice before whom any person is convicted of any Pom of oon- ortence against this Act, may cause the conviction to lie drawn " ° ""• up in the foi-m of the Scliedule to this Act, or in any other form of words to the same effect as the case may re(iuire. C. S. U. C. c. 104, s. 10. I a. A conviction under this Act shall not be (juashed for Conviction want of form ; nor shall any warrant of commitment he hold ^"j„t*„7t'^„ be void by reason of any defect therein, if it is therein alleged that, void for want the party has been convicted, and there is a good and valid con- °f f"™- viction to sustain the commitment. C. S. U. C. c. 104, s. 11. 1 3 In default of payment of any fine imposed under this Act, In default, together with the costs attending the same, within the period «n»yi«vy fine, by the Justice of the Peace before whom such conviction takes place, specified for the payment thereof at the time of convic- tion, such Justice of the Peace (if he deems it expedient so to do) may issue his warrant, directed to any constable, to levy the amount of such fine and costs within a certain time, to be in the said warrant expressed ; and in case no distress sufficient to satisfy the amount is found, he may commit the offender to the Commitment. Common Gaol of the County wherein the offence was committed for any tei-m not exceeding three months, unless the fine and costs are sooner paid. C. S. U. C. c. 104, s. 12. 14. The prosecution for any offence punishable under this Limitarton^of Act shall be commenced within one month after the commis- ^'^^^^ sion of the offence, and not afterwards. C. S. U. C. c. 104, s. 13 ; 36 V. c. 10, s. 4. ■ . IS All actions and pro.secutions against any person for where aotionB anything done in pursuance of this Act. shall be laid and tried *«^-^"« "> ^^ in the County where the fact was committed, and shall be com- menced within six months after the fact committed, and not 376 Chap. 189. MUNICll'AL MATTEUS. [Title XI 1. afterwanlH ; ami notice in wiitinj; of such action, and of tiie cause tlifieof, shall he j,nvfn to th»' defrndant one nu^nth at ^, , . least hefore the action, and in ai\y such action the defendant E'ayple'gen may plead the -.-neral issue, and ^riv. this Act and the s,,ecml ernl iwue. niatter in e' idence at any trial luid theieui)on. C. S. U. L,. c. H»+, 8. IC. Temier of ameDils, &c. 16. No plaintiffshall recover in such action, if tender of sut- ficient amends is made before such action brought, or ifasulti- cient sum of money is paid into Court after such action hroujjfht by or on behalf of the defendant ; and if a verdict i)asses for the defendant, or the plaintitl" becomes non-suited, or discon- tinues any such action after issue joined, or if upon dennurer or otherwise judgment be given against the jjlaintiH', the defen- dant may recover his full costs as between attorney and client, and have the like remedy for the same as any defendant has by law in other cases. C. S. U. C. c. 104, s, 17. Mot to extend 17. This Act shall not extend to the people called Indians. to Indians. Q g XI. C. C. 104, s. 10. Defendant if Ruooeasful to have full ooatSi SCHEDULE. {Section 11.) Be it remembered, that on the day of , in the year of onr Lord one thousand eight hundred and , at , in the County of {or at the City of , as.theccu,ema,jb,-),A.B.,ot , is convicted before me, C. D., one of Her Majesty'8 Justices of the Peace for the said County (or City (is the case may he), for tliat he the said A. B. did {Kpeetfii the offence, and the time aiuJ plme when ami where the same was wmnutted, OS the case man he); and I, the said C. D., adjudge the said A. B., fur his offence to pay (immediately, or on or before the day of ) the sum of , and also the Bum of for costs ; and in default of payment '•« the said suras respectively, to be imprisoned in the Common (jaol ot the said County (or City, as the case may he) for the space of months, unless the said sums are sooner paid ; and I direct that the said g^j^ of {the penalty) shall be paid as follows, that is to say : one moiety thereof to the party charging the offence, and the other moiety to the Treasurer of the County {miming the wie m which ths op ice was committed, or of the said City, as tlu; case may he), to he by him applied according to the provisions of chapter one hundred and eighty-nine of " The Revised Statutes of Ontario," entitled, " An Act to prevent the Profanation of the Lord's Day. " Given under my hand and seal, the day and year first above mentioned. C. I)., i.T. [L. S.] [Title XTl. 1 action, and «»t' tlie idant ont' niont'i at vction tlif defendant H Act and the special on. C.S.U.C.c. 104. Title XII.] PUBLIC IIKALTH. Chap. l!)0. 7. Public Health. 377 -ion, if tender of snf- luought, or if a sutti- r Huch .iction lirou<,dit a verdict l)assefs for non-suited, or discon- or if u|)on demurrer le i)laintirt' the defcn- n attorney and client, IS any defendant has , s, 17. ,)oople called Indians Chav liK). 11)1. -Public Huiilth Act, i>. a77. -Vacciiiivtioii unci Inucnlation, p. 38"). day of , dred and , at , the City of , , is convicted J of the Peace for the said the said A. B. did {.ipMif>i »re the same iccm commitied, dgetho said A. B., for his , and also il in default of payment of I the Common Gaol of the 1 space of and I direct that the said Hy) shall be paid as follows, charging the offence, and ty {miming the (me in which « tlic case may be), to be by chapter one hundred and w," entitled, "An Act to year first above mentioned. C. I)., J.p. [L. S.] CHAPTER 190. An Act respecting the Public Health. Interpretation, s. 1. Municipalities and Police Villages : Who to be health oflicora of, s. 2. Power to enter promises, s. 3. And order cleansing of, a. 4. And cleanse on default of owner or occupant, s. 5. May order medical examination, 8. 0. 1 When inhabitants of a house may j be removed, ss. 6, 7 . Powers of Lieutenant-Governor : i Regulation of vessels, passengers | and cargoes, s. 8. Proclamation suspending sections 2-7, ss. 9-11 . Appointment of Central Board of Health, s. V2. Dissolution of Board, s. 13. Local Boards of Health : Meeting may be called to nomi- nate, 8. 14. Who maybe appointed, s. 15. When meeting must be called, s.l6. wiien Lieutenant-Governor may appoint Local Board, s. 17 . Municipal Health Officers to act in the interim, s. 18. How Local Board of Health dis- solved, 8. 19. , , „ , , Powers of Central Board of Health : To make regulations for prevent- ing infection, ss. 20, 21. To require Local Boards to carry out those regulations, s. i;2. And to compel removal of inhabi- tants of certain houses, s. 23. When and how hmt; such regula- tions shall be in force, a. 24. Powers of Local Boards ; Same as thoseof Municii.al Healtli Officers, under ss. G & 7, s. 25. Powers if orders disobeyed, s 2t». Expenses of carrying out Act : How to be defrayed, ss. 27, 28. Proclamations and Regulations : To be published in Gazette, ss.20, , 30. And laid before Legislative As- sembly, s. 30. Certain municipal by-laws sus- pended thereby, s. 31. Penalties and Prosecutions : For disobedience or neglect of or- ders or regulations, s. 32. For obstruction of officers, s. 32. How recoverable, s. 32. ,"nmittal of offender, s. 33. ^I'jlication of penalties, s. 34. Cu'iviction may be had though proclamation no longer in force, s. 35. No proceedings to be quashed for want of form, s. 36. Or removed by certivrari, s. 36. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontan •, enacts as follows : — "KKWeawrtymwtf^^^^M Q78 •Cliap. 190. MUNICM'AI. MATTKKH. [Title XII. •• Placi'." "Street." loterpretatioi.. I. In this Act, tho following? wonls an.l exprpssions Hhall hiivp the meaning lit>ri'innftcr iissigiu'd to thorn rcHpi'divoiy, unlesH Huch iiioiminf; is repugnant to or inconHistent with tho context, that \h to Hay : — "Place" shall mean and incUide a City, Town, Village, Township, or any other territorial division recognised or (lesig- natcd hy law as a separate Municipality or munic'pal division, and shail also mean aid include a Police Village; "Street" shall include every highway, road, square, row, lane, mews, court, alley, and passage, whether a thoroughfare or not. 36 V. c. 43, s. 36. MUNICIPAL HEALTH OFFK'KHS. Who (hall and 9. The members of the Municipal Council of every Township, may be health qjj. rp^^^jj g^^^ incorporated Village, and the Trustees of every officer.. ^^J^^^ Village shall be Health Officers within their respective Municipalities, under the next five sections of this Act ; but any such Council may by by-law delegate the power of its mem- bers as such Health Officers to a committee of their own number, or to such persons, either including or not including one or more of themselves, as the Council thinks best. 36 V. c. 43, s. 6. Health officers 3. The Health Officers of any Municipality or Police Village, may enter and ^^ ^^^ ^f jj^g^,^ ^j^^^ j^ the day time, as often as they gamine pre- ^^.^^ ncccssary, enter into and upon any premises in tbe place for which they hold offiae, and examine such premises. 36 V. c. 43, 8. 1. Power to order 4. If upon such examination they find that the premises are oieanBinjr. }„ a filthy or unolean state, «r that any matter or thing is there which, in their opinion, may endanger the public health, they or any two of them, may order the proprietor or occupant ot the premises to cleanse the same and to remove what is so found there. 36 V. c 43, s. 2. Powers to offl- .1. Such Health Officers, in case the proprietor or occupier of oera to cieanie. ^.jjg premises neglccts or refuses to obey their directions, may call to their assistance all constables and any other persons they think fit, and may enter on the premises and clea,n8e the same, and remove therefrom and destroy what in their opinion it is necessary to remove or destroy for the preservation of the pub- lic health. 36 V. c. 43, s. 3. Medical men 6. Such Health Officers or a majority of them may also, b^ may be autho- .^arrant under their hands, authorize any two medical practi- ^mtrWo^' tioners to enter in and upon any house, out-house, or premises exaaine. jn the day time for the purpose of making enquiry and exami- nation with respect to the state of health of any person therein ; and may also, upon the report of such medical practitioners m I. [Title XII. pxproHsioriN hIiuII liavo 'in rcHpoctivcly, unlosH Htoiit with the context. City, Town, Village, )n rocognisccl or dosig- or munic'pal divifiion, Villiigo ; ay, road, square, row, hether a thoroughfare ''ICKRS. moil of every Township, u\ the Trustees of every within their respective tions of this Act ; but e the power of its raem- ee of their own number, )t including one or more 36 V. c. 43, 8. 6. pality or Police Village, time, as often as they ly premises in the place mch premises. 36 V. c. id that the premises are ' matter or thing is there the public health, they oprietor or occupant of remove what is so found )roprietor or occupier of heir directions, may call 9,ny other persons they and cleanse the same, at in their opinion it is >reservation of the pub- f of them may also, by any two medical practi- out-house, or premises ng enquiry and exami- 1 of any person therein ; nedical practitioners in T.ti.kXII.I IMMII.K IIKAiTH. Cliap. !!»(). 37« wilting r' niiTncndiiig tlu' smnc, eimxc iinv person fnund there- On repirtnf Hi iiik'eted witli ii iliiiigcroiiHly <"0iitiigi(mH V. c. 43, s. 4. POWERS OF LIFATTKNANT-OOVERNOR. 8. The Lieutenant-Governor in Council may make and de- Lieut.-Oov6r- clare such regulations concerning the entry or departure of "e'JJu^^ i'oats or vessels at the different ports or places in Ontario, and vesHels, in concerning the landing of passengers or cargoes from such boats F^'^''*"'* '""''■ or vessels, or the receiving passengers or cargoes on board of the painengers same, as may be thought best calculated to preserve the public «"<* owK'""- health. 36 V. c. 43, s. 7. 9. Whenever this Province, or any part thereof, or place Wh«n epidem- therein, appears to be threatened with any formidable epidemic, bi'B*Lieu^t'-°''* endemic, or contagioas disease, the Lieutenant-Governor may. Governor may bv proclamation, to be by him from time to time issued, by and p'o^'**™ f'.''" . K i , 1 . 1 "^ /. , Ti .• n -111 lowing iioof ion? With the advice and consent ot the Executive Council, declare in lorco. the subsequent sections of this Act to bo in force in this Pro- vince, or in any part thereof or place therein, mentioned in such proclamation ; and it shall thereupon be in force accord- ingly. 36 V. c. 4a, s. 8. 10. The Lieutenant-Governor may, in like manner, from Power to re- time to time, as to all or any of the parts or places to which and*'imitdura- any such proclamation extends, revoke or renew any such pro- tion of pri.ola- clamation ; and subject to revocation and renewal, as aforesaid, "lat"'"- every such proclamation shall have eff"ect for six months, or for any shorter period in such proclamation expressed. 36 V. c. rt3, 8. 9. -i: i i ij i i u wi^^HWKgNi^Tay ai J r^ 380 Chap. 100 MPNICII-AL MA'nKRM. (TiTI.K XII On iirocinran- ||. Upon the iMHiiing of liny nuch prochmiiition, iiiid whilst tw"'to'*«veT ^'"' *"'"'*' '■'* '1 forco. Hcctions two to seven inohiHivo of this Act RUKpundoii un- shall he siirtpondt'il as to I'vory phicu niontioiied in such proclii- lo«» «iicei)ie* ,.f »i.:., i» : ;..„i..,i„.i Pciwuri iinil iluti'.'j ol, hui oxur'isoil' lirocluumtion. «icei)ie«l. jiiiition, or heinj? within any part of this Province inclmlod therehy, unless it is hy the said pioclamatioii doclarod that Huch sections or any of them shall he continued in force. 36 \. c. 4?{, s. 10. Central liniirl Isl. From timo to time, after the i^suin^ of any such procla- r'I,i,','r',nin't' If" "'utio". aiid-wliilst it is in force, the Lieutenant-Ciovernor may. l»y commission under Ins hand and seal, .•ippomt five or more persons, to he "The Central Hoard of Health," and 'so such otlicers and servants as ho deems necessary to assist the Board ; and the powers and duties of the said Hoard may he exercised and executed hy any three inemheis thereof; anf any shorter period expressed in such proclamation as that (lur- ing which it is to be m force, unless such proclamation is re- newed as to all or some cT such parts and plaoes. AG V. c. 43, 8. 1± l.OCAL BOARDS OF IlKALTII. 14. From time to time, while any such proclamation is in force, the Mayor or otlier head of the Municipal Corporation, Inspecting Trustee or other chief municipal otticer ol any and every place mentioned in such proclamation, or included there- by, may call a special meeting of the Council or of the Police Trustees of such place, over which he presides, for the purpose of nominatiiig a Local Board of Health. 36 V. c. 43, s. 13. ItS. Such Municipal Corporation or Police Trustees shall nomi- nate not less than three persons, resident within the limits of their respective jurisdictions (or in the case of a Citj, Town or Village, within seven miles thereof), to be " The Local Board of Health " for such place. 36 V. c. 43, s. 14. 16. Such Mayor, or other head of such municipal corpora- tion, Inspecting Trustee, or other chief municipal officer, shall call such special meeting within two days from the receipt of a written requisition to that effect, ^gued by ten or more inhabi- tants, householders of the place, under the jurisdiction of the body over which he presides, on pain of being personally liable to the penalty hereinafter mentioned. 36 V. c. 43, s. 16. Vloeiinf; tu nominate Lontl Board of lie ilth. Local Boord of Health, how appointed, Meeting to no- minate Board of Health im porative on certain requi- sitiuna. 17. If at any time while any such proclamation is in force, it is certified to the Lieutenant-Governor, by any ten or more inhabitant honseholders of any place included in such procla- JS KRS. fTlTI.K XII •iri,i:Xll.| I'l'lll.ir IIIAI.TM. Cl.iil). l!t(>. :iHi prochmmtion, iind whili^t vi'ii inoliisivo of this Act iiontioiii'd ill such |(r«>clii- thi.s Province iiicliitloil iclainiitioii (locliirod thiu jtitiiiut'd in forco. 3t) V, iiiinj^ of any hucIi proclii- ieutenant-Ciovcrnor nv,\\, 'III, ajipoint five or nioi"' f Health," ami 'so such s.'iry to assist the Board ; Hoard may he exercised tliereof ; and during any ling mcndiet's or meinhcr . 3ti V. c. 48, s. H. pso fdcfo, be determined under which it issued, as ijamation, or by the expi- such proclamation, or i>f prochimation as that (hn- suoh proclamation is re- md phioes. iiO V. c. 43, ■^ALTII. such proclamation is in ? Municipal Corporation, licipal otticer ol any and lation, or included there- I Council or of the Police presides, for the purpose 1. 36 V. c. 43, 8. 13. )lice Trustees shall nomi- ident within the limits of ! case of a City, Town or be " The Local Board of 8. 14. such municipal corpora- ;f municipal officer, shall ays from the receipt of a (d by ten or more inhabi- sr the jurisdiction of the of being personally liable 36 V. c. 43, 8. 16. proclamation is in force, ■nnr, by any ten or more included in such procla- mation, that the Mayor or other head of such Municipal Corpo- 1 .itioii, or Inspecting Trustee, or other chief municipal olfieer of >iicli place, has faile I' as to any place in which it is included, or as to the whole I'rovince, of the proclamation under which such Local Board was Mppointed, or by the expiration of six months from the date if such proclamation, or of any shorter period expressed in such proclamation as that during which it is to be in force, unless such proclamation is renewed as to such place, or any place in which it is included, or as to the whole Province. 36 V. c. 43, 8. 18. POWERS OF CENTRAL HOARD OP HEALTH. 341. The Central Board of Health, or any three or more Power of Cen- iiiembers thereof, may from time to time issue such regulations ^*|jf°*'gu,*°. as they think fit, for the prevention, as far as possible, or the tions topre- mitigation of such epidemic, endemic or contagious diseases, ^e"' in lection and may revoke, renew or alter any such regulations, or sub- "' stitute such new regulations, as to them or, any three of them appear expedient. 30 V. c. 43, s. 19. 21 The said Board may, by such regulations, provide, Powers of Cen. tral Board as 1. For the frequent and effectual cleansing of streets by the '" "B"'**'""*' lload Surveyors or Overseers of Highways and others, entrusted with the care and management thereof, or by the owners or occupiers of houses and tenements adjoining thereto ; 2. For the cleansing, purifying, ventilatin;x and disinfecting of houses, dwellings, railway stations, churches, buildings, and places of assembly, steamboats, railway carriages and cars, and other public convej'ances, by the owners and persons having the care and ordering thereof ; occupiers, and w>isBsntf*vt>ffi'>^^c**J!>mvm >iMim&?*>rd irt^ ^.im •■ wep»--»''W^ 'at 382 Chap. 1!K). MUNICIl'Al. MATTKllS, [TlTLK XII vv 3. For the removal of nuisanccH ; +. For the speedy interment of the dead ; -,. For preventing or mitigating sueh epidemic, endemic contagious diseases, in such manner as to the said C entral lioar-l seems expedient. 3() V. c. 43, s. 20. Power to Con- itt. The Said C'cntral Board may by any such i egulations au^ trai B.ard to tij^^ize and require the Local Boards of Health to superintcn.t =\^et and see to the execution of any such regulations ; and (.vh^^^^^^^^^^ .ute their re- appears that there may be default or delay m the execution gulatioDs, etc. ^(^^^n ^y^ant or neglect of such Surveyors, Overseers, or others entrusted as atoresaid, or by reason of poverty of occupiers or otherwise) to execute or aid in executing the same within their respective limits ; and to provide for the dispensing.of medicine and for affording to persons afflicted by or threatened with sucl. epidemic, endemic, or contagious diseases, sucli medical aid a> may be required ; and to do and provide all such acts, matter.-, and things as are necessary for superintending or aiding in th." execution of such regulations, or for executing the same as tlu> case may require. 36 V. c. 43, s. 21. And to rea.ovo 23. The Central Board of Health may also by any such regu- inmatoBof ccr- lations authorize and require the Local Boards ot Health, in ai tain hou««.^ ^^^^^ .^^ ^j^.^jj diseases of a malignant and fatal character, arr discovered to exist in any dwelling-house, or out-house tem- porarily occupied as a dwelling, situate m an unhealthy or crowded locality, or being in a neglected or filthy state, at the proper costs and charges of such Local Boards of Health to compel the inhabitants of any such dwelling-house or out-house, to remove therefrom and to place them in sheds or tents, or other good shelter, in some more salubrious situation, until measures can be taken by and under the directions of the Local Boards of Health, for the immediate cleansing, ventilation, purification and disinfection of the said dwelling-house or out- house. 36 V. c. 43, 8. 22. K.g«ia,ions, 34. The directions and regulations to be issued ^^ aforesaid extent of Iota- shall extend to all parts or places in which this Act is, tor .nt Su^abi'e"" time being, in force, under any such prociaraation asat je- apphoabie. ^^.^ ^^^^ B ^^^^ regulations are expressly confined to some ol such parts or places, and then to such parts or places as in such directions and regulations are specified, and (subject to the power of revocation and alteration herein contained) shall con- tinue in force so long as this Act is in force under such procla- mation in the parts or places to which such regulations extend. 36 V. c. 43, s. 23. ... • POV/ERS OF LOCAL BOARDS OF HEALTH. Members of 9S The members of the said Local Boards of Health shall be LooaiBoardsto called Health Officers : and any two or more of them acting in be health offi- s. ad [TlTLK XII TlTLK XII.1 PUBLIC HEALTH. Chap. 190. 383 b epidemic, endemic v • the said Central Boai « luiy such legulations avi f Health to superintend rulat'.ons ; and (where i; 'delay in the execution ors, Overseers, or others poverty of occupiers or g the same within theii' i dispensing. of medicine or threatened witlisucli jes, such medical aid as e all such acts, matter- tending or aiding in the ecuting the same as thv y also by any such rcgu- Boards of Health, in ail and fatal character, an- ouse, or out-house tem- ite in an unhealthy or ?d or filthy state, at the al Boards of Health to dling-house or out-house, m in sheds or tents, or lubrious situation, until le directions of the Local ■ cleansing, ventilation, d dwelling-house (U- out- to be issued as aforesaid vhich this Act is, for .he 1 proclamation as af i e- jssly confined to some of jarts or phices as in such ed, and (subject to the •ein contained) shall con- force under such procla- such regulations extend. OF HEALTH. Boards of Health shall be )r more of them acting in the execution of any sueh regulations as aforesaid, may exercise cera ; powers the like powers and authorities as are conferred upon Health Officers by sections six and seven of this Act. 30 V. c. 4!^, s. "24. ♦ •2«. In case the owner or occupier of any dwelling or pre- I'j;.*"^^"^,^ ^- raises neglects or refuses to obey the orders given by such Health ^^^^^, jj^. Officers, in pursuance of such regulations, such Health Officers cboyed. may call to their assistance all Constables and peace officers, and such other persons as they think fit, and may enter into such dwelling or premises, and execute the same or cause to be executed therein such regulations, and remove therefrom and destroy whatsoever, in pursuance of such regulations it is neces- sary to remove and destroy for the preservation of the public health. 36 V. c. 48, s. 25. MISCELLANEOUS PROVISIONS, ♦21, The expenses incurred by the said Central Board of Kxpenses of Health shall be defrayed out of any moneys appropriated by [X'l.oaras, the Legislaf.ire for that purpo.se ; and the expenses incurred by h.,w defrayed, the said Local Boards of Health in the execution or in superin- tending the execution of the regulations of the Central Board, shall be defrayed and provided for in the same manner and by the same means as expenses incurred by the Municipal Corpor- ations, having jurisdiction over the respective places for which such Local Boards of Health were appointed, are by law re- quired to be defrayed and provided for. 30 V. c. 43, s. J'. 548 The Treasurer of the Municipidity shall forthwith upon Any two mim- demand pay out of any moneys of the Municipality in his hands ^^ll^d^'J^J"!,,. the amount of any order given by the members of the Local der municipal Board, or any two of them, for services performed under their j;;^*"""' '" direction by virtue of this Act. 30 V. c. 43, s. 27. at». Every proclamation of the Lieutenant-Governor in Coun- Proclamation cil under this Act shall be published in the Ontario Gazette ; [fg hedf ' and no direction or regulation of the said Central Board of Regulations of Health shall have any force or effect until it has been confirmed ?„'^^^?] JH?''* bv the Lieutenant-Governor in Council, and, has thereafter been confirmed and published in the Ontario Gazette. 30 V. c. 43, s. 28. P-Mi-hed. 30, Such publication of any such proclamation or regulation Publication to shall be conclusive evidence of the proclamation or regulation J,t\Y„ ^faotl" so published, and of the confirmation of such regulation as aforesaid, and of the dates thereof respectively to all intents and purposes ; and every such '.roclamation and regulation Regulations shall forthwith upon the issuing thereof be laid beforethe LegisH- ^°° Z^^Xka tive Assembly, if it is then sitting, and if not, within the four- before LegiBia- teen days next after the commencement of the next Session t^e Assembly. thereof 36 V. c. 43, .s, 29. 31. Upon the publication of any such regulations as afore- ^<^^\Pf J^'". said, and whilst they continue in force, all by-laws of the Mum- * ■ '« wiiBn: ff H> < iL uiii]i"awHiiiii ig «rt»a l :^fr«i i a wi!»J^** 384 Chap. 100. MUNICIPAL MATTERS. [Title XII. Penalty for disubedience of orders of officers 'and regulations. tioHB certain cipal Corporation of any place to which such regulations or any municipal by- J^]^^^^ relate, made for preserving the inhabitants thereot trom •'""' *""""" contagious diseases, or for any other of the purposes for which , such regulations are by this Act required to be issued, shall be- come and bo suspended. 36 V. c. 43, s, 30. PENALTIES AND PROSECUTIONS. 39 Any person who wilfully disobeys or resists any lawful order of the Health Officers, or wilfully obstructs any person acting under the authority or employed in the execution ot this Act either before or after the appointment of a Central Board ot Health, or wilfully violates any regulations made and declared bv the Lieutenant-Governor in Council or issued by the Central Board of Health under this Act, or neglects or refuses to comply with such regulations, or with the requirements of this Act m any manner whatsoever, shall be liable for every such oflFenceto a penalty not exceeding twenty dollars, to be recovered by any person before any two Justices or a Police Magistrate, and to be levied by distress and sale of the goods and chattels ot the offender, with the costs of such distress and sale by warrant, under the hands and seals of the Justices, or hand and seal ot the Police Magistrate, before whom the same are recovered, or under the hands and seals of any other two Justices. 36 V. c. 43, s. 31. 33. If it appears to the satisfaction of such Justices or Police Magistrate before or after the issuing of their or his warrant, either by the confession of the offender or otherwise, that he has not goods and chattels within their or his jurisdiction sufficient to satisfy the amount, they or he may commit him to any ^aol. Lock-up or House of Correction for any time not exceeding four- teen days, unless the amount is sooner paid, in the same man- ner as if a warrant of distress had issued, and a return of nulla bona had been made thereon. 36 V. c. 43, a. 32. Penalties to be 34. All penalties whatever, recovered under this Act, shall payable to ^ ; j ^ t^g Treasurer of the Municipality in which such pen- munioipality. ""^ P . . . ji /.... ^u^ „ ..1^ iV,<> MunlnWtalifir Sfi Committal of offender. alties have been incurred, for the use of the Municipality. V. c. 43, s: 33. 36 Offences may 3*. All offenccs committed against this Act while the saine be prosecuted jg Jq force in this Province, or in any part thereot, shall be pro- ciZtionL secuted, and the parties committing the same, convicted and longer in force, punished thcrefor as herein provided, as well after as during the time that such proclamation or proclamations are in force. 6b V; c. 43, 8. 34. No proceeding 36. No order or any other proceeding, matter or thing done to be quasiied ^^ transacted in, or relating to the execution of this Act shall l:Jror be're- be vacated, quashed or set aside for want of form or be removed moyabie into q^ removable by certiorari, or other writ or process whatsoever, IZT' into any of the Superior Courts. 36 V. c. 43. s. 35. ^, [Title XII. Title XII.] vaccination and inoculation. Chap. 191. 385 such regulations or any ohabitants thereof from the purposes for which i to be issued, shall be- 30. jtions. i^s or resists any lawful Y obstructs any person in the execution of this nt of a Central Board of ons made and declared or issued by the Central jcts or refuses to comply uirements of this Act in for every such offence to to be recovered by any ice Magistrate, and to be ds and chattels of the jBS and sale by warrant, jes, or hand and seal of B same are recovered, or r two Justices. 36 V. c. 9f such Justices or Police of their or his warrant, or otherwise, that he has his jurisdiction sufficient commit him to any Gaol, time not exceeding four- r paid, in the same man- led, and a return of nulla 3. 43, a. 32. red under this Act, shall pality in which such pen- of the Municipality. 36 It this Act while the same part thereof, shall be pro- the same, convicted and as well after as during the imations are in force. 36 ling, matter or thing done ecution of this Act shall rant of form or be removed rrit or process whatsoever, V. c. 43. s. 35. CHAPTER 191. An Act respecting Vaccination and Inoculation. Hospitals, etc. : To keep vaccine matter on hand, 8.1. And set apart a small-pox ward, s. 3. Otherwise not to receive pubhc moneys, as. 2,3. Annual report to Legislature, s. 4. Councils of Cities: To provide for free vaccination, s. 5. , . And appoint a place therefor m every Ward, s. 6. Duties of Parents: To have child vaccinated within three months after birth, s. 7 . And exhibit it to vaccinator eight days afterwards, s. 8. And of Vaccinator: Certificate of vaccination to be given to parent, s. 9. And sent to City Clerk, s. 10. If child found unfit for vaccina- tion, 8. 10. If child not susceptible of vaccine disease, s. 11. Fees for vaccination, s. 12. Penalties: For not having child vaccinated, s. 13. Plea of previous convictions, b.14. For inoculating with variolous matter, C.S. C. c. 39, s. 1. If offender a medical man, license forfeited, 8.16. But may be restored, s. 15. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1 The Trustees, Governors, Directors, or other ofiGcers or Tru«t«e8, &o, persons having at any time the control and management of any »ff-Pj,'„tV" Hospital or Dispensary receiving aid from the public lunds ^^^jer for oer- of this Province, shall keep at all times in such Hospital or Dis- tain purposei. pensary an adequate supply of vaccine matter for the following purposes, viz. : ' First —For the vaccination, by a legally qualified medical For the vac- practitioner attached to such Hospital or Dispensary, at the cina«on of th. expense of the same, of all poor persons, and at their own expense of all other persons, who attend at such Hospital or Dispensary for that purpose, during one day in every week ; the fee to be charged for such vaccination not in any case to pee. exceed fifty cents, and to be used and applied for the benefit How applied, of the Hospital or Dispensary ; Second For the purpose of furnishing, on application, to F„ffttniiahing each and every legally qualified medical practitioner, such legally quaii- 26 386 Chap. 191. MUNICIPAL MATTERS. [Title XII. .od medical reasonable quantities of the said matter as he from time to pr otitioneTi. ^[^q requires ; , . „f TAiVd— For the purpose of furnishing, on application to the Fortiieuteof ifiira. ryruii.p«"F t„i- _ Affnirs or his Assistant, or the inJian.. Suporintendent-Gencral of Indian AAairs or nis ab , toanv Visiting Superintendent of Indian Affairs, such reason C. S. C. c. 39, 8. 3. », ..™, * No w„raB. «h.ll hereafter j;™ J^^Jf W-^S ZSXL., «- "ICr^ Se.r^. «rSic.teTa.trn filed I the lee to i«u« to any or Dispensary, unless a ce"'"^ r-nnTioil siened bv a medical Hospital un- of the Clerk of the Executive Council wpea oy a le.. it ha. a °'^^ ^ ^^^.^ Hospital or Dispensary, to the effect that ttere ^uTn ttVor factually on hani^in such Hospital or Dijpensary a supply o Vaccine matter ^^J^^Z matter which is expected to be sufBcient for the pur- on hand. 4c. ^«*^'"® f *"f [/?,<:«^ the date of such certificate, or setting CouncU nor unless nor until a certificate, «;g«ed a« afore- «aT the effect that at no time since the date of the then a ^ rtificate in this behalf, has the demand upon such Hos- Sfnl or Disnensarv for such matter for the purposes aforesaid, Exceeded bsSy thereof on hand in such fiospital or Dis- nensary or setting forth reasons and grounds in explanat on Tan/deficiency ^of such supply, to the satf-^^-;;,;/^Jf; Lieutenant-Governor in Council, has been filed as aforesaid. C. S. C. c. 39, 8. 4. *l No warrant shall issue for the payment of any sum of Uo public mo- a. JNo warrant »u ., ^ any Hospital, unless a Dey to be paid money granted by the Legislature lo »"J' f tV^ T7-ir*.ont;vP toanyHoBpi- "1"'XJ„ Vias been filed wth the Clerk of the iJ-xecutive ,a.„n^e«it JfJ^'^^f ^^^^^^^ officer of such Hospital to the Sect hat tCe is in such Hospital a distinct and separate ward ffaplrf for the exclusive accommodation of patients afflicted with small pox. 24 V. c. 24, s. 1. 4 The Trustees, Governors, Directors, or other officers or persons having for he time being the control and management PfanrHnrnitalor Dispensary to which aid has been granted durTnl a^y Tession oiZ Legislative Assembly of this Province shaU ctuL to be transmitted to the Lieutenant-Goyernor Loulthe Provincial Secretary, in time to admit ot copies thereof being laid before the Legislative Assembly, during the Kfteen fays of the then next Session, a statement certified by the proper^officers of such Hospital or Dispensary, shewing the numUof persons who have applied for and receivea free tacdnatron, the' number of persons -hojiave ^*PFJ^^^^^^^ received vaccination at their own expense, a?d the number, amount and application of fees charged and received for vaccin- ation. C.S.C.c.39,8. 5. has a small pox ward Annual state- ment to be laid before Legislature respecting vaccination. 3. [Title XII. r as he from time to ;, on application, to the Irs, or his Assistant, or m Affairs, such reason- may from time to time settlement of Indians. for the payment of any lature to any Hospital I been filed in the office il, signed by a medical to the effect that there r Dispensary a supply of ) sufficient for the pur- 1 certificate, or setting ion of any deficiency in Lieutenant-Governor in lificate, signed as afore- nce the date of the then demand upon such Hos- r the purposes aforesaid, in such Hospital or Dis- l grounds in explanation the satisfaction of the been filed as aforesaid. } payment of any sum of any Hospital, unless a Clerk of the Executive of such Hospital to the iistinct and separate ward iation of patients affiicted jtors, or other officers or ; control and management lich aid has been granted Assembly of this Province, the Lieutenant-Governor, n time to admit ol copies ive Assembly, during the ision, a statement certified ;al or Dispensary, shewing (lied for and received free who have applied for and expense, and the number, ed and received for vaccin- TlTLE XII.] VACCINATION AND INOCULATION. Chap. 191. SPECIAL PROVISIONS AS TO CITIES. 387 a. It shall be lawful for the Council of every City now being ^Yy'empioy ' or which may hereafter be in this Province, and they are „,edioaipr»o. hereby respectively empowered and required, to contract with tuionerg to some legally qualified and competent medical practitioner or ^i^JenJ, ^o. practitioners, for the period of one year, and so from year to year, as such contract expires, for the vaccination, at the ex- pense of the City, of all poor persons, and, at their own expense, of all other persons, resident in such City, who come to such medical practitioner or practitioners for that purpose. 2. It shall be a condition of every such contract, that the |^*5y'°^'j*'^°'* amount of the remuneration to be received under the same g„ooeM." shall depend on the number of persons who, not having been previously successfully vaccinated, are successfully vaccinated by such medical practitioner or medical practitioners, respec- tively so contracting. 21 V. c. 24, s. 2 ; 40 V. c. 7, Sched. A ('203). 6. The Council of each such City shall appoint a convenient °^\^/°"JJ;^^ place in each Ward of such City i'or the performance, at least ll^l^ piacein" once in each month, of such vaccination, and shall take effec- each ward for tual means for giving, from time to time, to all persons resident **■« ?»'?»••• within each such Ward, due notice of the days and hours at which the medical practitioner or one of the medical practi- tioners, contracted with for such purpose will attend, once at the least in each month, at such place, to vaccinate all persons not successfully vaccinated who may then appear there, and also of the days and hours at which such medical practitioner will at- tend at such place to inspect the progress of such vaccination in the persons so vaccinated. 24 V. c. 24, s. 3. 7. The father or mother of every child born in any such Parents, 4o., City, shall, at some such appointed time, within three calendar Jwidren to'b^ months after the birth of such child, or in the event of the yaodnated. death, illness, absence, or inability of the father and mother, then the person who has the care, nurture or custody of the child, shall at some such appointed time, within four calen- dar months after the birth of such child, take or cause to be taken, the said child to the medical practitioner in attendance at the appointed place in the Ward in which the said child is resident, nccording to the provisions of the preceding sections of this Act, for the purpose of being vaccinated, unless such child has been previously vaccinated by some legally qualified medical practi- tioner and the vaccination duly certified ; and the said medical practitioner so appointed, shall, and he is hereby required, there- upon, or as soon after as it can conveniently and properly be done, vaccinate the said child. 24 V. c. 24, s. 4. 8. Upon the eighth day following the day on which any And exhibit .child has been vaccinated as aforesaid, the father or mother, or Jn'^oa^prac- 388 Chap. 191. MUNICIPAL MATTERS. [Title XII. uucner on the other person having the care, nurture or ^^^^'^f "^^^J'^'^ ^j|^ .i»hth ,iav. „v,:i-i »a ofnr«.BnWl nhnll affa H take or cause to be taken the sam eighth day. Cettifloate of Bucceibful vaO' cination to be gWeo, What to be eTidenoe of. , other person having the care, nunuru v.. 7"" ;«V^n the said child as aforesaid, shall again take ^^ «au8e to be taken the a^^^^^ child to the medical practitioner by whom the operation was er tmed, or other similarly appointed "-^'^'^IP^^ ^bn r attendance as aforesaid, in order that such medical practitioner may ascertain by inspecticn the result of such operation. Z\ v. c. 24, 8. 5. 9. Upon and immediately after the successful vaccination of any chSd born in any such City ^^e . 'nedical praetit^oner who performed the operation shall deliver to the fother or mother or other person having the care, nurture or custody ot ™aW chid as aforesaid, a certificate under his hand according the form of Schedule A to this Act, that the said child nas been successfully vaccinated, and shall also transmit a dupli- cate of the 'aJd ^certificate to'the Clerk of the City in which the operation was performed. 2 Such certificate shall, without further proof, be admis- sible as evidence of the successful vaccination of such child in any information or complaint brought against the father 01 mother of such child, or against the person who has had the care, nurture or custody of such child as aforesaid for non- compliance with the provisions of this Act. 24 V. c. 24, s. b. If the child be 10. If any medical practitioner appointed as aforesaid is i^'„'r«'4tfi:,/o%L that any child brought to him as aforesaid is not vaccination. V ^^^^^ ^^ ^^ successfully vaccmated, he shall de- Uver to theWer or mother of such child, or the person hav- ing the care, nurture or custody of such child as aforesaid on demand and without fee or reward, a certificate under his hand, according to the form of Schedule B to this Act, that the child is in an unfit state for successful vaccination. 2. Such certificate, or any similar certificate of a legally qua- lified medical practitioner, respecting any child born as aforesaid, shall remain in force for two months from its delivery as afore- said; and the father or mother of the said child or the person having the care, nurture or custody of the said child as aforesaid, shall (unless they have within each succeeding period of two months obtained from a legally qualified medical Practitioner a renewal of such certificate) within two months after the delivery of the said certificate as aforesaid, »nd if said chi d is not vac- cinated at or by the termination of such period of tw(. months, then during each succeeding period of two months until such child has been successfully vaccinated, take or cause to be taken to the said medical practitioner, so appointed as aforesaid, such child to be vaccinated by him; and if the said medical practi- tioner deems the said child to be then in a fit and proper state for such successful vacch.ation, he shall forthwith vaccinate it accord- ingly, and shall, upon or immediately after the successful vacci- nation of such child, deliver to the father or mother of such Cerliflrnte. How long to be in force. Be-presenta- tation of the child to be re peated until Buccessful vacoioation. Certificate. [Title XII. custody of the said se to be taken the said the operation was per- icdical practitioner in ch medical practitioner such operation. 24 V. ccessful vaccination of medical practitioner iver to the father or nurture or custody of er his hand, according hat the said child has also transmit a dupli- f the City in which the •ther proof, be admis- lation of such child in against the father or person who has had d as aforesaid, for non- et. 24V.C. 24, s. t). pointed as aforesaid is him as aforesaid is not 7 vaccinated, he shall de- shild, or the person hav- ich child as aforesaid on rtificate under his hand, I this Act, that the child ation. rtificate of a legally qua- y child born as aforesaid, •om its delivery as afore- laid child, or the person le said child as aforesaid, iicceeding period of two id medical practitioner a nonths after the delivery if said child is not vac- h period of two months, ' two months until such take or cause to be taken ointed as aforesaid, such the said medical practi- a fit and proper state for iwith vaccinate it accord- ftor the successful vacci- ither or mother of such Title XII.] vaccination and inoculation. Cliap. ini. 389 child, or the person having the care, nurture or custody of such child as aforesaid, a certificate under his hand, according to the form of Schedule A to this Act, that such child h.is been suc- cessfully vaccinated ; but if the said medical practitioner is of opinion that the said child is still in an unfit state for successful vaccination, then he shall again deliver to the father or mother of such child, or to the person having tho care, nurture or custody of such child, as aforesaid, a certificat' under his hand, according to the form of Schedule B to this A jt, that the child is still in an unfit state for successful vaccination, and the said medical practi- tioner, so long as such child remains in an unfit state for vacci- nation and unvaccinated, shall, at the expiration of every suc- ceeding period of two months, deliver, if required, to the father or mother of such child, or to the person having the care, nur- ture or custody of such child, a fresh certificate under his hand, according to the form of Schedule B of this Act. 3. The production of such certificate or of any similar certifi- ^^^j^'f •>' •"""" cate from any legally qualified medical practitioner, shall be a sufficient defence against any complaint brought against the father or mother, or person having the care, nurture or custody of such child, for non-compliance with the provisions of this Act. 24 V. c. 24, s. 7. II. In the event of any medical practitioner employed under if Ae ohUd i» the provisions of this Act, or any other duly qualified medical eopHbi"'"" practitioner being of opinion that any such child as aforesaid, vaooine JU- that has been vaccinated by him, is insusceptible of the vac- «»'•• cine disease, he shall deliver to the father or mother of such child, or to the person having, as aforesaid, the care, nurture or custody of such child, a certificate under his hand, according to the form of Schedule C to this Act; and the production of such certificate shall be a suflBcient defence against any complaint which may be brought against the father or mother, or person having the care, nurture or custody of such child, for non-com- pliance with the provisions of this Act. 24 V. c. 24, s. 8. la. In all contracts to be made under the provisions of this ^•««^°''" Act, the sums contracted to be paid shall not be more than twenty-five cents for every person successfully vaccinated, in- cluding all cr any of the certificates required by this Act. 24 V. c. 24, s. 9. 13. If any father or mother, or person so having as aforesaid l^'^^^_ the care, nurture or custody of any such child as aforesaid, does ,nje ,i,i, ti,, not cause such child to be vaccinated within the periods pre- "^'?^*^*°** ■ scribed by this Act, or does not, on the eighth day after the " vaccination has been performed, take or cause to be taken such child for inspection, according to the provisions in this Act respectively contained, then such father or mother, or person having the care, nurture or custody of such child as aforesaid, 80 offending, shall be liable to a penalty not exceeding five dol- fff- i I 300 ReeoTery. Rev. Stat. c. 74. Chap. 191. MUNICIPAL MATTEaiS. [Title XII. lara, recoverable on summary conviction before the Police Ma- sietrate for the City in which the offence was committed, or if tiiere is no such officer, then before any two Justices of the Peace sitting and having jurisdiction in such City. 2. The provisions of The Act respecting Summcmj Convic- tions before Justices of the Peace, shall be applicable to the recovery of such penalties. 24 V. c. 24, s, 10. How far and 14. After the expiration of two months from the conviction wnWo'iion"'^ of any person for an offence against this Act, in respect of any shall avail. child, no plea of such conviction shall be a sufficient defence against any complaint which may then be brought against the same or any other person for non-compliance with the provisions of this Act in respect of the same child. 2. The production of a certificate in the form of Schedule A or C, under the hand of a legally qualified medical practitioner, shall be a sufficient defence against any such complaint ; but the production of a certificate in the form of Schedule B shall not be a sufficient defence, unless the vaccination is thereby postponed to a day subsequent to that on which the complaint IS brought. 24 V. c. 24, s. 11. The lioenM ot IS. If any person licensed to practise Medicine, Surgery, the person ^^ Midwifery in this Province, is coijvicted of an offence ctVc'Tsf, against the first section of chapter thirty-nine of the Con- g. 1, to become goii(iated Statutes of Canada, entitled ^^ An Act respecting ""'' Inoculation and Vaccination,'" the license of such per- son in that behalf shall thereby become null and void and of no effect, and such person shall, from and after the date of such conviction, be liable to the same penalty in the event of his practising Medicine, Surgery, or Midwifery in Ontario, aS he would have been liable to for so doing if he had never been Proviio: li- licensed to practise the same; but it shall be lawful for the wSewrd' &o! Lieutenant-Governor, on the certificate of the College of Phy- sicians and Surgeons of Ontario, at any time after the expiration of the term of imprisonment of any such person so convicted as aforesaid, again to license such person to practise Medicine, Sur- gery, and Midwifery as aforesaid, and thereupon and thereafter such person shall no longer be liable to any fine or penalty for so doing. C. S. C. c. 39, s. 2. [Section 1 of C. S. C. c. 39, is as follows : — Penalty 1^- •^"y P«r8on producing or attempting to produce, by inoculation agalnat with variolouB matter, or by wilful exposure to variolous matter, or to perions inocu- any matter, article or thing impregnated with variolous matter, or wil- lating with va- fully, by any other means whatsoever, the disease of ' small j > x in any rioloas matter, person hi this Province, shall be liable to be proceeded agaiiist and con- victed summarily before any two Justices, and for every such offence shall, upon conviction, be imprisoned for any term not exceeding one . month. 16 V. a 170, s. 1.] [Title XII. efore the Police Ma- dras committed, or if two Justices of the ch City. (] Summm^j Convic- \ be applicable to the 10. I from the conviction A.ct, in respect of any ) a sufficient defence brought against the ice with the provisions Title XII.l vaccination and inoculation. Chap. 101. SCHEDULE "A." (Sections 9, 10, nwl 14.) CERTIFICATE OP VACCIS.iTION. I, the undorsignod, hereby certify that ^^^^^^^ inUio CUy of \ hiw been aucceBsfully vaccinated by me 301 Dated this (Signed,) day <.f > 1^ • A.B. e form of Schedule A I medical practitioner, such complaint ; but n of Schedule B shall accination is thereby I which the complaint 10 Medicine, Surgery, noted of an offence rty-nine of the Con- 'Mn Act respecting license of such per- le null and void and and after the date of alty in the event of his sry in Ontario, aS he if he had never been iall be lawful for the of the College of Phy- Ime after the expiration person so convicted as practise Medicine, Sur- ereupnn and thereafter any fine or penalty for 0W8: — > produce, by inoculation to variolous matter, or to variolous matter, or wil- iase of ' small ^ > x in any iroceeded against and con- ,d for every such offence r term not exceeding one SCHEDULE " B." {Sextiom 10 ami U.) CEBTinCATE 01? UNFITNESS FOB VACCINATION. 1, the undersigned, hereby certify that 1 am of opinion that ^^^^^^ .^ , the child of , « ^^^^ ^^^ i„ ^ at and XeKte to be successfuu| vaccinated, and I do hereby postpone the vaccination until the day of Dated this day of (Signed,) ,18 . A. B. SCHEDULE " C." {Sections 11 ami 14.) OERTiriOATE OP INSUSCEFTIBILn Y TO VACCINE DISEASE. I, the undersigned, hereby certify that I am of opinion that^ .^ ^^^ thechild of > ""^ . ,. City of , is insusceptible of the vaccine disease. (Signed,) A.B. Dated this d^yo* ' ^^ ' J 392 Chap. 102. MUNICIPAL MATTERS. [TiTLK XII. 8. Protection of the Person. Chap. 192.— EgrosB from Public Buililings, p. 392. « l93._Prevention of Aociilonta from Throthing Maohmei, p. MA. CHAPTER 192. An Act to regulate the means of Egress from Public Buildings. Doom of public buildings to open outwards, 8. 1. Liability of Corporations not con- forming to this Act, s. 2. Penalties, s. 3. Officers to enforce this Act, ss. 4, 5. Act not to apply to convents, &c., B. 6. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — Doowof •• In all churches, theatres, halls or other buildings hereto- churches, etc., fore or hereafter constructed or used for holding public meet ^ to S ''' ings, or for places of public resort or amusement, all the doors outwards. shall be so hinged that they may t)pen freely outwards, and all the gates of outer fences, if not so hinged, shall be kept open by proper fastenings during the time such buildings are publicly used, to facilitate the egress of people, in case of alarm ^ from fire or other cause. 29-30 V. c. 22, s. 1. ft. Congregations possessing corporate powers, and all trus- tees holding churches or buildings used for churches under The Act respecting the property of Religious Institutions, and incumbents and churchwardens holding churches, or build- ings used for churches, under the Act of the Parliament of the late Province of Upper Canada, passed in the third year of the reign of Her Majesty, Queen victoria, chapter seventy-four, intituled " An Act to make provision for the management of the Temporalities of the United Church of England and Ireland vn this Province, and for other purposes therein mentioned," and all other persons holding churches or buildings used for churches, under any other Act, shall be severally liable as trustees for such societies or congregations, to the provisions of this Act. 29-30 V. c. 22, s. 3 (2). Congregations incorporated uid trustees holding for oongregations under Rev. Stat.c.216,and rectors, &c., holding under 3 Vict., c. 74, liable for ne- glecting the provisions of this Act. [TiTLK XII. Person. 92. ■othing Machines, p. 393. Egress from Public \, 8. 3. ,0 enforce this Act, bb. 4, 5. to apply to convents, &c. , advice and consent of J Province of Ontario, other buildings hereto- ir holding public meet ausement, all the doors n freely outwards, and I hinged, shall be kept ime such buildings are people, in case of alarm 2, 8. 1. be powers, and all trus- ed for churches under Igioua Institutions, and ng churches, or build- of the Parliament of the in the third year of the ;, chapter seventy-four, r the fnanagement of the 'Jngland and Ireland 'im herein Tnentioned" and ildings used for churches, iy liable as trustees for I provisions of this Act. Title XII.l AroiDENTs from MAfniNKUV. Chap. l!>3. 3«'.3 3 In.lividuals. cm.panioH and corp..rati.ms owning «>'• P^^; J::^;:':^"- srssing public luvlls, churclu'H or otlu-r buiMmgn "^^ /", •"'^ ■'•nXt,. public meotings. who vi..laU, th. provisions of tins Ac sha t^mn^ -. • t,. L liable to a Hm. not excoodiug hfty d..llars r..c..vcrabh' on ^,,,,,, »,, infonnation l.fovc anv two of hj-r »Jaj.stys Justu... .|tK. .......... ,., Poace, or Imforc the Nlayor or Po icc Magistrate of "^^ X < ^^Y J Town • one moiety of such fine shall be paid to the pait> la>- l^^L informatio^n. an>;, at the discretion of such Justice or Justices ot the Peace. .17 V . c. 12, s. 2. No action for 3. No action shall be maintained, nor shall any legal liabi- HerviccH ren- y. ^^^ f^,. services lendeieil l»y or with any machine, such as tTonlfthiH i/mentioned in the first section of this Act. when it is ^•^^rrLi. made to appear that the said section has not been complied complied with. '"" owSV in o with. 37 V. c. 12, 8. 3. DiBpoHition of 4. All fines imposed and collected under this Act shall be »"««• paid, one half to the complainant or prosecutor, and the other Ulf to the Treasurer of the School Section in which the oftence was committed, for the use of the Public School in such Section. 37 V. c. 12, s. 4, part. Proceedings to S. All proceedings against anv person for any v«)>t»on of be commenced ,i^ f. ^ gggtion of this Act shall be commenced withm thirty C '■ days after the commission of the ofience. 37 V. c. 12. s. 4, part. Convictions 6. No conviction under this Act shall be annulled or vacated defective in for any defect in the form thereof, or for any omission or inlor- '"""• mality in any summons or other proceeding under this Act, so long as no substantial injustice results therefrom. 37 V.c.l4,s.&. [TitlkXII y thri'Hhing iiiachim', 3i)iinect»'(l to a lioi^t- )t'Hhaftinj^, HhallcaiiMO itH antl jackH of siich ^tl'ly Ihjx»'<1 or Hucmod L'tal covering, in such \ piiMHJng over or near ui»linj,'H or jointH and iipH attJichetl to arKtrs ached, to he fumislied li shall extend ahovo It damage from oiling nhall further cause a lioi-se-power used for uver the gearing eon- umimev aH to prevent act with said gearing. unning any threshing, il tt) a horse power l»y ihafting, who neglect i of this Act, shall on ;oiuplaint heforeone or a Kne of not less than rs, over and above the lynient of sucli tine and in the nearest Coniuion more than twenty days, ces of the Peace. 37 V. r shall any legal liabi- li any machine, such as this Act, when it is has not been complied jnder this Act shall be •osecutor, and the other ion in which the offence 3 School in such Section. on for any violation of jmmenced within thirty e. 3^7 y.c. 12, s A, part. [\ be annulled or vacated or any omission or infor- eding under this Act, so therefrom. 37V.c.l2,R.5. Title XII.] TAX ON DOOM. Chftp. 11)4. 9. Protection of Praiterty. Chap. ll»4 l«5 Tax ou r)'-«# «nd the protootion of 8heop, P-JW)6. .„„ Pounds and the « round-keepers, p. 400. 19«.— Ih»«»ti«ftti'>n"f accuioiiMbyFiro, i». 405. lOzl-To W'.vide for the tilling up ur otWrwi.o shuttni« off tho water lowing into abandoned Oil WelU, p. 40». l«8.— Line Fences, p. 409. 199. —Ditching Water-coursw, P- 4l0- CHAPTER 194. ^ An Act to impose a Tax on Dogs and for the Protec- tion of Sheep. Tux on Dors: To be levied annually, s. 1. Unless dispensed with by County by-law, 8. 2. But may be restored in any Town- ship by by-law, s. 2. Duties of Assessors, s. 3. Duties of owners of dogs, s. 4. Duties of Collectors, ss. 5,0. Non-tax paying dogs may be or- dered to bo destroyed, s. 0. Moneys collected to form a fund for paying damages to sheep, s. 7. Unless County Council otherwise declares by by-law, s. 8. Which may be repealed and re- enacted, s. 0. Protection of Sheep: Dogs pursuing sheep may be des- troyed, s. 10. General issue by statute pleadable in such case, s. It. Dogs accustomed to worry sheep nxvy bo destroyed. Procedure, ss. 12-14. Besides civil remedy for damages, s. 15. By action or summary proceed- ings, s. 10. Proof of defendant's knowledge unnecessary, ». 10. Dogs worrying sheep to be des- troyed on notice to owner, s. 17. When Municipal Council to pay for damage to sheep, ss. 18,19. Claim thenceforth to belong to the Municipality, s. 20. No claim if sheep running at large, 8. 21. Civil remedy for damages when dog tax dispensed with, s. 22. Fees to magistrates under this Act, 8. 23. - 305 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontano, enacts as follows : — TAX ON DOGS. 1 Subject to the provisions of the next section, there shall Ann«»» *»" «"» be levied annually, in every MunicipaUty in Ontano, upon the owner of each dog therein, an annual tax of one dollar tor each dog, and two dollars for each bitch. 32 V. c. 31, s. 2. ii 1 396 Unless di_B- Eeiwecl with y County by-law. Tax may be rttatored by Township by- law. Ohap. 194. Duty of asseS' sore herein. MUNICIPAL MATTERS. [Title XII. Duty r>i own- ers oi dogs. Penalty. Tax entered on collector's roll. Proceedings where collec- tor has failed to collect tax- es from par- ties assessed for dogs. Penalty. 9. In case the Council of any County or Union of Counties deems it advisable to dispense with the levy of the said tax, it shall be lawful for such Council to declare by by-law that the said tax shall not be levied in any of the Municipalities within its jurisdiction. 2. Immediately upon the passing of any such County by- law the Council shall cause its Clerk to transmit a copy ot the same to the Assessor or Assessors of every Municipality within its jurisdiction ; and the County by-law shall have effect within every such Municipality, unless the Council thereof by bv- law declares this Act to be in force therein, whereupon the said County by-law shall not apply to or have any effect within such Municipality. 32 V. c. 31, s. 2 ; 39 V. c. 30, s. 1. 3. The Assessor or A:^se8sors of every Municipality within which this Act has not been dispensed with, as provided in the foregoing section, shall, at the time of making their annual assessment, enter on the assessment roll, in a column prepared for the purpose, opposite the name of every person assessed, and also opposite the name of every resident inha- bitant not otherwise assessed, being the owner or keeper ot ai^ dow or dogs, the number by him or her owned or kept. 32 V. c. 31, s. 3. See Rev. Stat c. 180, s. 12 (4), & ScM-. B. 4. The owner or keeper of any dog shall, when required by the Assessor or Assessore, deliver to him or them, in writing, the number of dogs ownied or kept, whether one or more ; and tor every neglect or refusal to do so, and for every false statement made in respect thereof, shall incur a penalty of five dollars to be recovered with costs before any Justice of the Peace for the Municipality, 32 V. c. 31, s. 4. 5. The Collector's roll of the Municipality shall contain the name of every person entered on the assessment roll as the owner or keeper of any dog or dogs, with the tax hereby im- posed, in a separate column ; and the Collector shall proceed to collect the same, and at the same time and with the like au- thority, and make returns to the Treasurer of the Municipality, in the same manner, and subject to the same liabilities in all respects for paying over the same to the Treasurer, as in the ca^se of other taxes levied in the Municipality. 32 V. c. 31, s. 5. 6. In cases where parties have been assessed for dogs, and the Collector has failed to collect the taxes authorized by this Act, he shall report the same under oath to any Justice of the Peace, and such Justice shall, by an order under his hand and seal, to be served by any duly qualified constable, require such dogs to be destroyed by the owner or owners thereof ; and if such owner or owners neglect or refuse to obey the said or- der, he or they shall be liable to the penalty, to be recovered in IS. [Title XII. y or Union of Counties levy of the said tax, it ire by by-law that the e Municipalities within : any such County by- transmit a copy of the ;ry Municipality within shall have effect within Council thereof by bv- herein, whereupon the r have any effect within 9 V. c. 30, s. 1. ry Municipality within ised with, as provided e time of making their ment roll, in a column ! name of every person of every resident inha- ! owner or keeper of any ' owned or kept. 32 V. 4), & Sched. B. shall, when required by (1 or them, in writing, the er one or more ; and for or every false statement lenalty of five dollars, to tice of the Peace for the sipality shall contain the e assessment roll as the vith the tax hereby im- DoUector shall proceed to e and with the like au- lui-er of the Municipality, ;he same liabilities in all the Treasurer, as in the aicipality. 32 V. c. 31, m assessed for dogs, and taxes authorized by this oath to any Justice of an order under his hand alified constable, require 3r or owners thereof ; and fuse to obey the said or- malty, to be recovered in Chap. 194. 397 not ■ed» Title XII.] protection of sheep. the ™ne way and manner - C^-lJ^rurlkf *"« , 7 The money collected and paid to the Clerk or Treasurer '^X^,. purposes of the Municipahty. 32 V. c. di, s. d. 8 In case the Council of any County or Union of Cotmties ^^^^ ». in ca^e^n«^"" , . •', ^j^i Act established shoukl ^,„u„3,i main- deems it advisable that the Ux |)y ""« ^ proceeds thereof tains taxeH, be maintained, but ^^toufdrrpreS^^l^^^t^^^^^^^ be law- S^tZ^; ^'^ f ^ tt Cundf by by law t Tlare, that such applica- 1^. ^"^ LTL ^snensed S^th ; and thereafter, during the con- tion shall be dispensea wit , - ^^^ ^^ numbered tinuance of such by-law ^^e daus^ ot this^ ^^^^^ ^^^^ ^^^ 3ix, seven, and «i^*««"/f J'L^^Scim^^ within the jurisdic- . a TV.. Council of any County or Union of Counties shall W ^-;^j 9. The Council OI any j^ ^ ^^^ by-lawB passed by them have power fiom "PJ?^ «'""*''' ^ ^.^^^^^ct or re-enact under Act. pissed under the authority »« ^^f^^^^'^^Vc 31 s 18. Ly by-law authorized by this Act. 32 V. c. dl, s. i». protection of sheep* 10 Any person may kill any dog which he «««« P^^; ^n? i„g wo^'ln? or wounding any sheep or lamb. 27 V. c. 20, s. ^^^^^^^ If 32 V. c. 31, s. 11. U. The defendant in»y ■»«»-' ^^S™ J^T^S'tln" KS^" the special matter in evidence. 27 V. c. 20, s. /. 13 On complaint made in writing on oath l>efore5;y f ^j TS^aogs ticJof^heCce for any City, Town or County or Union of ,„,,.,,„ t« 898 Chap. 194. MUNICIPAL MATTERS. [Title XII. worrying may Counties, that any pei-son residing in such City, Town or be summoned Qounty, or Union of Counties, owns or has in his possession See !S the"*' a dog which has within six months previous worried and Peace. injured or destroyed any sheep, such Justice of the Peace may issue his summons, directed to such person, stating shortly the matter of such complaint, and requiring such person to appear before him, at a certain time and place therein stated, to answer to such complaint, and to be further dealt mth accord- ing to law. 27 V. c. 20, 8. 2. Proceedinpi, 18. The proceedings on such complaint and summons shall howregiiiated. be regulated by TIte Act respecting Summary Convictions iiev Stot c before Justices of the Peace, which shall apply to cases under 74. ■ ■ this Act. 27V.c.20,s.3. On conviction 14. In case anjr person is convicted, on the oath of a credible of the fiK!t,dog witness, of owning or having in his possession a dog which has tobed'ertroyed womed and injured or destroyed any sheep, the Justice of the and owner Peace may make an order for the killing oi such dog (describ- ing the same according to the tenor of the description given in the complaint and in the evidence) within three days, and in default thereof may in his discretion impose a fine upon such person, not exceeding twenty dollars with costs ; and all penal- ties imposed under this section shall be applied to the use of the Municipalitv in which the defendant resides. 27 V. c. 20, S.4. .fined. ;^ Conviction no tS. No conviction under this Act shall be a bar to any action bar to action by the owner or possessor, as aforesaid, of any sheep for the recovery of damages for the injury done to such sheep, in re- spect of which such conviction is had. 27 V. c. 20, s. 6. for damages. R«v, 74. SUt. c. Extent of l*- The owner of any sheep or lamb killed or injured by any UabiUty of ^og shall be entitled to recover the damage occasioned thereby U^^r^ot dog. from the owner or keeper of such dog, by an action for damages or by summary proceedings before a Justice of the Peace, on infoi-mation or complaint before such Justice, who is hereby authorized to hear and determine such complaint, and proceed thereon in the manner provided by The Act respecting Sum- mury Convictions before Justices of the Peace, in respect to proceedings therein mentioned; and such aggrieved party shall be entitled so to recover on such action or proceedings, whether the owner or keeper of such dog knew or did not know tha4i it was vicious or accustomed to worry sheep. 27 V. c. 20, s. 6 ; 32V.c.31,s.7. Dog» known 17, The Owner or keeper of any dog or dogs, to whom notice to pr^?,*^*®P is given of any injury done by his dog or dogs to any sheep or Sr oVn'er lamb, or of his dog or dogs having chased or worried any sheep or lamb, shall, within foi-ty-eight hours after such notice, cause such dog or dogs to be killed ; and for every neglect so to do Penalty. he shall forfeit a sum of two dollars and fifty cents for every [Title XII. such City, Town or has in his possession )reviou8 worried and tice of the Peace may on, stating shortly the such person to appear loe therein stated, to ler dealt with accord- it and summons shall Nummary Convictions apply to cases under a the oath of a credible Bssion a dog which has leep, the Justice of the ; of such dog (describ- le description given in lin three days, and in 3ose a fine upon such bh costs ; and all penal- e applied to the use of at resides. 27 V. c. 20, 1 be a bar to any action , of any sheep for the e to such sheep, in re- 27 V. c. 20, 8. 6. tilled or injured by any age occasioned thereby y an action for damages ustice of the Peace, on Justice, who is hereby complaint, and proceed Act respecting Sum- le Peace, in respect to li aggrieved party shall or proceedings, whether or did not know that iheep. 27 V.c. 20,8.6; >r dogs, to whom notice •r dogs to any sheep or d or worried any sneep ifter such notice, cause every neglect so to do I fifty cents for every Title XII.] PROTECTION OF SHfeEP. Chap. 194. 899 such dog, and a further sum of one dollar and twenty-five cents for each such dog for every forty-eight hours thereafter, until the same is killed — if it is proved to the satisfaction of the Justice of the Peace liefore wnom proceedings are taken for the P'^vwo. rtH»veiy of such penalties, that such dog or dogs has or have woiTied or otherwise injured such sheep or lamb : but no such penalties shall be enforced in case it appears to the .sati.sfac- Proviso, tion of such Justice of the Peace that it was not in the power of such owner or keeper to kill such dog or dogs. 32 V. c. 31,s. 12. 18. In case the owner of any sheep or ^lamb so killed or Provision for injured proceeils against the owner or keeper of the dog ^*'«'' !'*>«'<' -*' ^ . ..o.. .. _.r.. _ o there is a oon> before a Justice of unable on the the Peace, as viotion, but conviction that committed the injury, provided by this Act, and is unable on the conviction of jj'*:''*** '"w"' the offender, to levy the amount ordered to bo paid, for want *""" " of sutticient distress to levy the same, then the Council of the Municipality in which the oftender resided at the time of the injury shall order their Treasurer to pay to the aggi-ieved party the amount ordered to be paid by the Justice under such con- viction, saving and excepting the costs of the proceedings be- fore such Justice and before the Council. 32 V. c. 31, s. 9. !•. The owner of any sheep or lamb killed or injured by Provision for any dog, the owner or keeper of which is not known, may, I;^er "f^do"'' within three months, apply to the Council of the Municipality not known. in which such sheep or lamb was so killed or injured, for com- pensation for the injury ; and if such Council (any member of • which shall be competent to administer an oath or oaths in examining parties in the premises) is satisfied that the aggrieved party has made diligent search and inquiry to ascertain the owner or keeper of such dog, and that such owner or keeper cannot be found, they shall award to the aggrieved party for compensation a sum not exceeding two- thirds of the amount of the damage sustained by him ; and the Treasurer of such Municipality shall pay over to him the amount so awarded. 32 V. c. 31, s. 8. ►. After the owner of such sheep or lamb has received After compen the Municipality any money under either of the pre- ""*■".". P'V.°''y municipality, •JO. from ceding sections, his claim shall tlienceforth belong to such daVms'to'blii' Municipality ; and they may enforce the same against the of- •""» ** *••«■"• fending party for their own benefit, by any means or form of proceeding that the aggrieved party was entitled to take for that purpose, but in case such Municipality recovers from the P'oviio. otiender more than they had paid to the aggrieved party, besides their costs, they shall pay over the excess to such aggrieved party for his own use. 32 V. c. Tl, s. 10. 31. The owner of any sheep or lamb killed or injured while (Jases where running at large upon any highway or unenclosed land, shall °heei'etc.,h«H have no claim under this Act to obtain compensation from any n . compensa- MunicipaUty. 32 V. c. 31, s. 15. «"««• 400 Chap. 195. MUNICIPAL MArrERS. [Title XII. Liability of 03. If the Council of any County or Union of Counties, dM owner to Y \,y-law, decides to dispense with the levy of the afon!.said Strnot tax in the Municipalities within its jurisdiction, the owner of iinpoBed. j^jjy j,]^yj.p or lamb to the contrary may notwithstanding sue the owner or keeper of any dog or dogs for the damage or injury done by the said dog or dogs to the said sheep or lamb ; and the same shall be recovered in the way and manner provided by section sixteen of this Act. 32 V. c. 31, s. 14. 93. Every Justice of the Peace shall be entitled to charge such fees in cases of prosecutions or orders unrler this Act as it is lawful for him to charge in other cases within his jurisdic- tion ; and he shall make the returns usual in cases of convic- tion, and also a return in each case to the Clerk of the Muni- cipality, whose duty it shall be to enter the same in a book to be kept for that purpose. 32 V. c. 31, s. 16. Fees and re- turnH by JiisticeH, CHAPTER 194. An Act respecting Pounds. Act to be in force unless superaeded by municipal by-law, s. 1. Land-owner or occupant liable for damage by animals under his charge, s. 2. What animals may be impounded, 8.3. Where, if pound not safe, s. 4. Statement of damage and security to be furnished to pound-keeper s. 6. When distrainor may himself detain the animal, s. 6. Notice to owner, in such case, s. 7. Or to Township Clerk if owner un- known, s. 8. Duty of Clerk thereon, s. 9. Notice in newspaper, when, s. 10. Notice of sale — [f animal impounded, s. 11 If animal not impounded, s. 12. Contents of, s. 13. Pound-keeper to feed impounded animals, s. 14. And may recover allowance therefor, s. 15. By summary proceedings, s. 16, Or by sale of animal, ss. 17,18. Application of surplus, s. 18. If damages disputed, s. 19. Fence viewers to arbitrate, s. 20. And certify award to pound-keeper, 8. 2L Penalties: For neglecting to feed impounded animals, s. 22. For neglect of duty by fence view- ers, 8. 23. How to be recovered, s. 24. Application of, s. 25. HER MAJ ESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — [Title XII. Title XII.] POUNDS. Chap. 195. 401 ar Union of Countie.s, ^ levy of the afon!.sai(l isdiction, the owner of Lotwithstanding sue the the damage or injury id sheep or lamb ; and and manner provided 31, s. 14. 11 be entitled to charge urn unfler this Act as it 3s within his jurisdic- ual in cases of convic- he Clerk of the Muni- • the same in a book to 1. 16. 'ounds. nal not impounded, a. 12. its of, 8. 13. eeper to feed impoimded Is, B. 14. ' recover allowance therefor, aary proceedings, a. 16^ le of animal, ss. 17,18. ion of surplus, s. 18. ;es disputed, s. 19. lewers to arbitrate, s. 20. tify award to pound-keeper, s: iglecting to feed impounded uuls, 8. 22. jglect of duty by fence view- 8.23. to be recovered, s. 24. cation of, s. 25. dvice and consent of the )vince of Ontario, enacts I. Until varied or other provisions are made by by-laws Act may be parsed under the authority of section four hundred and sixty- ".y'^^iw^n und/r three of " The Mimicipal Act." this Act shall be in force inUevS^.c. every Town.ship, City, Town, and incorporated Village in On- "*• *• *'^- tario. 29-30 V.c. 51, s. 3.55. •J. The owner or occupant of any land shall be responsible Liability for for any ammal) by me (A. B.) this day i.n- «'«»t«;*^ . pounded, all costs to which the said owner may be put in case the distreas pounrt-keeper.. by me the said A. B. proves to be illegal, or in caw the clami for damages now put in by me the said A. B. fails to be established. 26 29-30 V. 0.51,8.356 (4). 402 Chap. 195. MUNICIPAL MATTERS. [Title XII. If the animal ia of A certain kind. If the owner is known. Duty of clerk thereon. O. In cast' the animal distrained is a horse, bull, ox, cow, sheep, goat, pig or other cattle, and if the same is distrainetl \>y a resident of the Municipality for straying within his prenii.se«, such pel-son, instead of delivering the animal to a Pound-keeper, may retain the aninml in his own possession, provided he makes no claim for damages done by the animal, and duly gives the notices hereinafter in that case required of him. 29-30 V. col, s. 35.5 (5). 7. If the owner is known to him, he shall forthwith give^ to the owner notice in writing of having taken up the animal. 29- 30 V. c. 51, s. 355 (6). If unknown, 8. If the owner is unknown to the person taking up and notice to clerk retaining possession of the animal, such person shall, within iu?r'"" foi-ty-eight hours, deliver to the Clerk of the Municipality a notice in writing of having taken up the animal, and containing a description of the colour, age and natural and artificial marks of the animal, as near as may be. 29-30 V. c. 51, s. 355 (7). 9. The Clerk, on receiving such notice, shall forthwith enter a copy thereof in a book to be kept by him for that purpose, and shall post the notice he receives, or copy thereof, in some con- spicuous place on or near the door of his office, and continue the same so posted for at lea-st one week, unless the animal is soon«r claimed by the owner. 29-30 V. c. 51, s. 355 (8). If the animals 10. If the animal or any number of animals taken up at the are worth $10 ^j^^q ^-ime is or are of the value of ten doUai-s or more, the dis- ** """* trainor shall cause a copy of the notice to be published in a newspaper in the County, if one is published therein, and if not, then in a newspaper published in an adjoining County, and to be continued therein once a week for three successive weeks. 29-30 V. c. 51, s. 355 (9). Notice of sale. M- In case an animal is impounded, notices for the sale thereof shall be given by the Pound-keeper or person who im- When sale pounded the animal within forty- eight hours afterwards, but no may be made, pj^ ^^ poultry shall be sold till after four clear days, nor any horse or other cattle till after eight clear days from the time of impounding the same. 29-30 V. c. 51, s. 355 (10). la. In case the animal is not impounded, but is retained in the possession of the party distraining the same, if the animal is a pig, goat or sheep, the notices for the sale thereof shall not be ^ven for one month, and if the animal is a horse or other cattle, the notices shall not be given for two months after the animal is tat en up. 29-30 V. c. 51, s. 355 (11). Notice of sale 1». The notices of sale r^..c ^-^ written or printed, and shall unless re- ^,6 affixed and continued for three clear successive days, in three deemed. ^^^.^ j^^^ .^ ^^^ Municipality, and shall specify the time and If animal ia not impound- ed, but re- tained. [Title XII. horse, bull, ox, cow, Haine is distrainetl l»y within his premised, al to a Pouna-keeptT, n, provided he iiiakes 1, and duly gives the f him. 29-30 V.c. 51, lall forthwith give to en up the animal, 29- lerson taking up and person shall, within jf the Municipality a miiiial, and containing il and artificial marks V. c. 51, s. 355 (7). shall forthwith enter a for that purpose, and '■ thereof, in some con- )fKce, and continue the S8 the animal is sooner 355 (8). limals taken up at the oUars or more, the dis- to be published in a Wished therein, and if adjoining County, and three successive weeks. 1, notices for the sale sper or person who im- ours afterwards, but no ur clear days, nor any ' days from the time of , 355 (10). ied, but is retained in he same, if the animal e sale thereof shall not aal is a horse or other two months after the 5 (11). m or printed, and shall mccessive days, in three lall specify the time and Title XII.] POUNDS. Chap. 195. 403 place at which the animal will be publicly sold, if not sooner replevied or redeemed by the owner or .some one on his Iwhalf, paying the penalty intposed by law (if any), the amount of the mjury (if any) claime dollai-8,) to be ascertained as aforesaid, done by the animal t<) the property of the pei-son at whose suit the same was distrained, and shil return the sui-plus (if any) to the ongmal owner of the animal, or if not claimed by him within three months aftei the sale, the Pound-keeper shall pay «"c^ ""T^"",^" J';^ \jf: .surer of and for the use of the Municipality. 29-30 V. c. 51. s. 355(17). 10. If the owner, within forty-eight hours after the delivery of such stat*;ments, as provided in the fifth section tl'^putes the amount of the damages so claimed, the amount shall be decided by the majority of three Fence-vicwei-s of the Munici- pality, one to be named by the owner of the animal one by the person di.straining or claiming damages, and the third by tne Pound-keeper. 29-30 V. c. 51, s. 355 (18). Fenoe.We>«*r. 90. Such Fence-viewex-s or any two of them shall withm t» view and av- twentv-four houis after notice of their appointment as aloresam, ""'"'"'''"""'• view the fence and the ground upon which the animal was found .loing damage, and determine whether or not the tence was a lawful one according to the statutes or by-laws in that l>ehalf at the time of the trespass ; and if it was a lawful tence, then they shall appmise the damages committed, and, withm twenty-four hours after having msde the view, shall deliver to the Pound-keeper a written statement signed by at least two of them of their appraisement, and of their lawful fees and charges. 29-30 V. c. 51, s. 355 (19). 91 If the Fence-viewers decide that the fence ^aj^ not a law- ful one, they shall certify the same in writing under th«n- hands, together with a statement of their lawtul fees to the Pound- keeper, ^^o shall, upon payment of a 1 lawfu «««« »"^l f f 'f^' deliver such animal to the owner if claimed before the sale there- of, but if not claimed, or if such fees and charges are not paid the Pound-keeper, after due notice, as required by this Act. shall sell the animal in the manner before mentioned at the time and place appointed in the notices. 29-90 V. c. 51, s. 3o5 (21). Liability of 99. In case any Pound-keeper or person who impo»«d« or p fence. feed animal impounded. a rfflfiJ ai rirTitli i r t r -, [TiTLK ml the dam reduce in discharge i08S of time, trouble I of the expenses of •nfining the animal, I- incidental thereto, )t exceeding twenty le by the f.nimal to ame was distrained, le original owner of three months after lurplus to the Trea- ty. 29-30 V. c. 51, •H after the deliverj' 'th section, disputes he amount shall be wei-s of the Munici- B animal, one by the nd the third by the them shall, within ntment as aforesaid, lich the animal waw her or not the fence s or by-laws in that b was a lawful fence, imitted, and, within new, shall deliver to rned by at least two ^eir lawful fees and fence ivas not a law- ig under their hands, d fees to the Pound- 'ful fees and charges, before the sale there- irges are not paid, the ad by this Act, diall oned at the time and c. 51, 8. 355 (21). on who impounds or afined,,any animal as jvide and supply the vater and shelter as rhich he so refuses or dollar nor more than rt-fJTtntV Title XII] ACCIDENTS BY FIRK. Chap. 196. 406 93. Any Fence-viewer neglecting his duty as arbitrator as J'"^,^*)', f;* afcjresaid, shall incur a |)enalty f)f two dollars, to Ik* ivcovered ,tuty iv f«i»t>- for the use of the Municipality, by summary proceedings iMjfore viewer-. a Justice of the Peace upon the complaint of the party aggrieve*!, or the Treasurer of the Municipality. 2d-fH) V. c. 51 , s. 3.)5 (20). 94. Every fine and pi-nalty impose.l by this Act inny be re- fX^vmentoi covered and enforced, with costs, by sununary conviction, bi'fore penalties. any Justice of the Peace for the County, or of the Municinality in which the offence wa« committed ] and, in default of pay- f™\';[;;;',';'7* moot, the offender may be couuiiitted to the Conuuon Gaol, paymuut. House of Conection, or Ijock-up House of such County or Muni- cipality, there to be imprisoned for any time, in the discretion of the convicting and committing Justioe.not exceeding fourteen days, unless such flne and penalty, and costs, including the costs • sooner paid. 29-30 V. c. 51, s. 3.55 (23). of the conunittal, are i 99. I. When not otherwise provided, every pecuniary penalty ^{Pg^i'^i';'; re(X)vere sitnattd, sljall institute an iiupiirv into tht! cauHe or origin ot sncli tiiv, aiitl whothor it waH kin»llt'»l hy *ucli inquiry. C. S. CI c. ««, s. I. Ruch im,«lry 2. Hut it shall not ho thf duty of the Coroner to institute an not to take iiinuiiy into the cause or origin of anv tile or tires hy n hieh any ^VSin house or other huil.ling has hi-en wholly or partly consumed, drcuniHUntes. ,„„. „i,all sucli in(|uiry he had, until it has first Iteen made to appear to such Cori>ner that theie is reason to helieve that such tire was the result of culpahle oi- negligent comluct or .lesign or occurred under sucIj circunwtancow as in the interests of justice and for the due protection of property require an inves- tigation. C. S. C. c. 88, s. 3. Evidence to »)c Q. For the purpose of such investigation, such Coi'oner shall taken on oath. j,y,„j„y,^ ^^,^,1 j^.j^g l.efoie him all persons whom lie deems capahle of giving information or evidence touching oi' con- cerning such tire, and shall examine such persf)ns on oath, and shall reduce their examinativms to wiiting, and return the same to the Clerk of the Peace for /le District or (.'ounty within which they have heen taken. C. 8. C. c. 88. s. 2. 3. The Coroner may in his discretion, or in conformity with the written requisition of any agent of an Insurance Company, or of any three householdei-s in the vicinity of any such fire, empanel a jury chosen from among the householders resident in the vicinity of the tire, to hear the evidence that may be adduced touching or concerning the same, and to render a ver- dict under oath thereupon in accordance with the facts. C. S. C. c. 88, 8. 4. Coroner may 4. If any pei-son summoned to appear before any Coroner enforce attend, actinia under this Act, neglects or refuses to appear at the time ne^*e8.' *"' and place specified in the summons, or if any such pei^on, ap- pearing in obedience to any such summons, refuses to be exa- mined or to answer any questions put to him in the course of his examination, the Coroner may enforce the attendance of such pei-son, or compel him to answer, as the case may require, by the same means as such Coroner might use inlike cases at ordi- nary inquests l)efore him. C. S. C. c. 88, s. 5. Punishment ^1. If any person having been duly summoned as a iuror upon of jurow not g^,p|^ inquiry, does not, after being openly called three tunes, .ttending, *c. J ^^^ ^^^^ ^ ^^^^ j^^^^. ^^^ fioroner may impose upon the person so making default such fine as he thijiks fit, not ex- ceeding four dollars ; and such Coroner .shall make out and sign a certificate containing the name, residence, trade or caUing of such person, together with the amount of the fine imposed, and the cause of such fine, and shall transmit the certificate t» the Clerk of the Peace in the District or County in which such Jury may be empanelled in certain caiieH. [Titi.kXII. tv is sitiiatfd, slmll ;iii ot siidi tiiv, ami \w vi'Hiilt of iiogli- the ivsult of Mucli oner to instittiUi an r tires l>y nliich any >r partly consuuiefl, first I teen niadt; to to lielieve tliat such , conduct or design, in the interests of ty require an inves- , such Coioner shall IS whom he deems e touching oi- con- h persons on oath, ting, and return the ict or County within S. s. 2. in conformity with Insurance Company, lity of any such fire, juseholders resident idence that may be and to render a ver- 'ith the facts. C. S. before any Coroner o appear at the time my such pei-son, ap- refuses to be exa- ui in the course of his J attendance of such ase may require, by in like cases at ordi- (. 5. loned as a iuror upon ily called three times, er may impose upon he thijiks fit, not ex- shall make out and ience, trade or calling of the fine imposed, imit the certificate to ;)ounty in which such Title XII] ACCIDENTM BY flRK Chni 190. 407 , nild 4l<)W ironer defaulter resides, on or Insfore the Hrs( .lay .f tU.' S, s. (». O. Nothing herein contained shall afi'ect any power by law <'«rt»ln l«;* vested in any Coronei- for compelling any person to attend and 'J,Vi„ i,',! af. act as a juror, or to appear and give evidence before lum on fecte.!. any incpiest or other proceeding, or for punishing any person for contempt of Court in not so attending and acting or appear- ing and giving evidence, or otherwise, but all such powers shall extend to and be exercised in respect of inquiries under this Act. C. S. C. c. 88, s. 7. r. Where any such imiuiry has been held '>y tbe C^^roner, Alb^^^^^^^^ in lespect of fire in any (.'ity. Town or Incorporated \ illage j,,^, i,„,„irieH. in conformity with this Act, the Coroner hol.ling the sanu^ shall be entitled therefor to the sum of ten dollars, and should the .said inquiry extend beyond one day, then to ten dollars per (Ik'tn for each of two days thereafter, and no more ; antl m the case of an investigation concerning a fire occurring in any place, not within a City, Town, or incorporated Village the . allowance to the Coroner shall be five dollars for the first day, and should the incpiiry extend beyond one day, then four dol- lai-s foi- each of two days thereafter, and no more. C. S. C. c. 88, s. 9 ; 23 V. c. 35, .s. 1. §. In all cases, the party reciuiring any such investigation ^«rty re<^ir. sliall alone be responsible for the expenses of and attending ;^« ^^^^ » such investigation. 24 V. c. 33, s. 1. 9. No Municipality shall be liable for any such expense un- When onl|^ a le.s8 the investigation is required by an instrument under the g,,;^!',, Jumble, hands and seals of the Mayor or other head officer of the Muni- cipality, and of at least two other members of the Council thereof; and such requisition shall not be given to charge any Municipal Corporation, unless there are strong special and pub- lic i-easons for granting the same. 24 V. c. 33, s. 2. 10. No expenses of or for an adjournment of any such in- I|;j;j'^^^«^« quest shall be chargeable against or payable by the party or ;^^ ^journ- Municipal Corporation calling for or irequesting the investiga- "{entshaUbe tion to be held, unless it is clearly shown by the Coroner, and certified under his hand, why and for what purpose an ad- journment took place or became necessary in his opinion. 24 V. c. 33, s. 3. ...'.'■..^U f lllti'Jl I kuJ 4U8 Cbap. I!»7. MUNICIPAI- MArrKKS. [Tm.K XII CHAPTER 197. An Act rospocting abandoned Oil Wells. Owners of oil wuIIh affected by wa- ter from any abandoned oil well may apply to Council for leave to Kll np auch abandoned well, ■. 1. Powum of Council, a. 1 (2). Notice to owner of abandoned well, a. a. Right of complainant on default of owner, a. 3. HKR MAJESTY, by and with the ailvioe and consent of the liegishitivf As,send)Iy of the Province of Ontario, enactn as follows : — Ownenofwell injured may attply toMuni- cipalCnuncilH to fill up aban- doned well*. I. If the working of any oil wtll in retarded o!' injured hy the water existing in or Howiiiiij into any abandoned oil well in the vicinity of the well so injured, it shall and may be lawfid for the owner of such well so injured to apply to the Municipal Council of the Municipality in which such aV)andoned well is situated, for the purpose cf being allowed by such Coun- cil to eitlier till up such abandoned well or in some other effec- tual way to shut off the water flowing therein. Powen of the Council. 2. TImj Couiusil shall, upon such application being made in writing by the person injured or aggrieveil briefly setting forth tht. gnevanoe, order some Engineer or other competent perswn to examine the said abandoned well, and after such examination to report to the said Council in writing whether in his opinion the person complaining is injured as alleged, and whether the said abandoned well should be filled up, or the water flowing therein shut off in some other and what manner. 36 V. c. 39, B. 1. If engineer re- ports a well ahould be filled op, owneta thereof te b« notified. 9. In case the said Engineer or other oompetent person repoi-ts to the Council that in his opinion the said abandoned well so complained of should be filled up, or that the water flowing thejupin should be shut off in some other way, the Clerk of tne Council shall mail to the owner or owners of such abaii- doned well, or to some one of such owners, or to his or their agent in charge of the premises where such abandoned well is situate, a copy of such report,with a notice in writing, signed by said Clerk, stating that unless said abandoned well is filled up or the water flowing therein is effectually shutoff in accordance with the opinion contained in the said report, that the pei-son [Title Oil Wells. ner of abandoneti well, uplainant on default ut J. » and consont of the 2e of Ontario, ena«t.s irdtMl or injurt'd le shutting off of the water flowing ther»'in, in accordance with the terms of the said report; and no action of trespafiM or other action for damages lUiall lie or l)e maintainable against the person, his swvajits or iige*it«. for so doing. 35 V. c. 39, s. 3. CHAPTER 198. An Act respecting Line Fences. short Title, b, 1. Duty of adjoining owners as to Line Fences , s. 2. Proct edings in case of dispute ; — Notice to owner, s. 3 (1). And to fence-viewers, s. 3 (2). Occupant to notify owner, s, 4. Duties of fenoe-viewers, s. 5. Award : — What to contain, s. 6. To be tiled with C^erk, s. 7. How enforced, a. 8. Award . — To be a Hun, a. 0. Fees payable on, s. 10. Appeals to County Judge; — Procedure on, s. 11 (1), (2). Notice of hearin;;, s. 11 (3). Powers of J)idge, s. 11 (4) (6). Agreements as to Line Fences, s. 12. Removal of Line Fences, s. 13. Trees falling upon Line Fences, s. 14. Forms, use of, s. 15, HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1 This Act n>ey be cited as " Tfie Line Fences Act." Short title.. 9. Owners of occupied adjoining lands shall make, keep up Duties of and repair a just proportion of the fence which marks the -"^f^ \^di boundary between th^n, or if there is no fence, they shall so as to fence*. make, keep up and repair the same proportion, which is to mark such boundary ; and owners of unoccupied lands which adjoin occupied landft, shall, upon their being occupied, be liable to the duty of keeping up and repairing such proportion, and in that respect shall be in the same position as if their ' "■iaeaiiK38fs^aK£a6RIBffls^ t:«PKIS«?[?MW«M»?« ga i aafei -'^gag gf ^- - 410 Chap. 198. MUNICIPAL MATTERS. [Title XII. Disputes be- tween owners, how to be settled. Notice to owner or occu- pant of adjoin- ing land. land had l>een occupied at the time of the originalfencing, and shall l)e liable to the compulsory proceedings hereinafter men- tioned. 37 V. c. 25, s. 2. 3. In case of dispute between owners respecting such pro- portion, the following proceedings shall be adopted : 1. Either owner may notify (Form 1) tlie other owner or the occupant of the land of the owner so to be noticed, that he will, not less than one week from the service of such notice, cause three Fence-viewers of the locality to arbitrate in the premises. And to fence- 2. Such ownei-s SO notifying shall also notify (Form 2) viewers. ^j^^ Fence- viewers, not less than one week before their services are required. 3. The notices in both cases shall be in writing, signed by the person notifying, and shall specify the time and place of meeting for the arbitration, and may be served by leaving the same at the place of abode of such owner or occupant, with some grown-up person residing thereat ; or in case of such lands being untenanted, by leaving such notice with any agent of such owner. 4. The owners notified may, within the week, object to any to appoint ' Qj, ^11 ^,£ ^-^Q Fence- viewers notified, and in case of disagreement, *■ the Judge hereinafter mentioned shall name the Fence-viewers who are to arbitrate. 37 V. c. 25, s. 3. Wiiat to con- tain. When Judge to appoint fence-viewers. 4. An occupant, not the owner of land notified in the manr«»v occupants as above mentioned, shall immediately notify the owner ; and if he neglects so to do, shall be liable for all damage caused to the owner by such neglect. 37 V. c. 25, s. 9. 5. The Fence-viewers shall examine the premises, and if re- quired by either party, they shall hear evidence, and are au- thorized to examine the parties and their witnesses on oath, and any one of them may administer an oath or affirmation as in Courts of Law. 37 V. c. 25, s. 4. 6. The Fence-viewers shall make an award (For.n 3) in writing signed by any two of them, respecting the matters so in dispute ; which award shall specify the locality, quantity, description and the lowest price of the fence it orders to be made, and the time within which the work shall be done, and shall state by which of the said parties the costs of the proceedings shall be paid, or whether either party shall pay some proportion of such costs. 2. In making such award, the Fence- viewers shall regard the nature of the fences in use in the locality, the pecumarj^ Duty and liability of to notifying owners. Duties and powers of fence- viewers, Award of fence-viewers. Contents. Character of fence. [Title XII. original fencing, and isrs hei-einafter men- respecting such pro- i adopted : tlie other owner or x> be noti^^ed, that he ivice of such notice, to arbitrate in the Iso notify (Form 2) before their services in writing, signed by bhe time and place of erved by leaving the ler or occupant, with r in case of such lands >e with any agent of 3 week, object to any L case of disagreement, me the Fence-viewers notified in the manr*^'- ify the owner ; and if all damage caused to 8.9. le premises, and if re- evidence, and are au- ir witnesses on oath, 1 oath or affirmation 1 award (Forin 3) in pecting the matters so the locality, quantity, fence it orders to be ork shall be done, and ties the costs of the er party shall pay some 3-viewers shall regard locality, the pecuniar}^ Title XII.] LINE FENCES. Chap. 198. 411 circumstances of the pei-sons between whom they arbitrate, and generally the suitableness of the fence ordered to the wants o^' eAch party. , 3. Whei-c, from the formation of the ground, by reason of Location of streams or other causes, it is found impossible to locate the «"*=*• fence upon the line between the parties, it shall be lawful for the Fence-viewers to locate the said fence either wholly or partially on the land of either of the said parties, where to tlu-.in it seems to be most convenient ; but such location shall not in any way aftect the title to the land. 4. If necessary, the Fence-viewers may employ a Provincial Employmeflt Land Sui-veyor, and have the locality described by metes and •>» «""-veyor. bounds. 37 V. c. 25, s. 5. r. The award shall be deposited in the office of the Clerk of J^P;»*t<^ tlic Council of the Municipality in which the lands are situate, and shall be an official document, and may be given in evidence Aj«;dmaybe in any legal proceeding by certified copy, as are other officia j^^^-g^^tj^^ documents ; and notice of its being made shall be given to all of award, parties interested. 37 V. c. 25, s. G. 8. The award may be enforced as follows :— The person de- Award,^how siring to enforce it shall serve upon the owner or occupant of the adjoining lands a notice in writing, requiring him to obey the award, and if the award is not obeyed within one month after service of such notice, the person so desiring to enforce it may do the work which the award directs, and may immediately recover its value and the costs from the owner by actioninany Division Court having jurisdiction in the locality : but the Judge of such Division Court may, on application of either party, extend the time for making such fence to such time as he may think just. 37 V. c. 25, s. 7. 9 The award shall constitute a lien and charge upon the Award to be » lands respecting which it is made, when it is registered in the ;* Jj?" Registry Office of the County, or other Registration Division registered. in which the lands are. 2. Such registration may be in duplicate or by copy , proved by How regie- affidavit of a witness to the original, or otherwise, as in the case "^ • of any deed which is within the meaning of " Tfi£ Registry ^^^q^^^,. Act" 37 V. c. 25, 8. 8. Ill- 10. The Fence-viewers shall be entitled to receive two dollare ^ee^^^'^l^^^- each for every day's work under this Act. Provincial Land ^/y'^^ind ' Surveyors and witnesses shall be entitled to the same compensa- witne«8ee. tion as if they were subpoenaed in any Division Court. 37 V. c. 25, s. 10. - • ) •wjBgpa^BwiJto^s^^gsCT'^swgit iimim: --iwitth i'»^<^- I t I 1 \ 1 L 412 Appeali. Chap. 198. MUNICIPAL MATTERS. [Title XII. Notice of appeal. To Caerk. Notice of hearing. II. Any person di.s8ati.sfied with the award made may appeal therefrom to the Judge of the (Jounty Court of the County in which the lands are situate, and tlie prweedings on such ap- peal shall be as follows : — 1. The appellant shall serve upon the Fence-yiewei-s, and all parties interested, a notice in writing of his intention to ap- peal within one week from the time he has been notified of the award ; which notice may be served as other notices men- tioned in this Act. 2. The appellant shall also deliver a copy of such notice to the Clej-k of the Division Court of the Division in which the land lies, and the Clerk shall immediately notify the Judge of such appeal, whereupon the Judge shall appoint a time for the hearing thereof, and, if he thinks fit, order such sum of money to be paid by the appellant to the said Clerk as will be a sufficient indemnity against costs of the appeal. 3. The Judge shall order the time and place for the hearmg of the appeal, and communicate the same to the Clerk, who shall notify the Fence-viewers and all parties interested, in the manner hereinbefore provided for the service of other notices under this Act. 4. The Judge shall hear and determine the appeal, and set aside, alter, or affirm the award, correcting any error therein, and lie may examine parties and witnesses on oath, antl, if he so pleases, may inspect the premises ; and may order pay- ment of costs by either party, and fix the amount of such costs. 5. His decision shall be final ; and the award, as so altered or confirmed, shall be dealt with in all respects as it would have been if it had not been appealed from. 6. The practice and proceedings on the appeal, including the fees payable for subpoenas and the conduct money of witnesses, shall be the same, as nearly as may be, fis in the case of a suit in the Division Court. 37 V. c. io, s. 11 ; 40 V. c. 7, Sch^d. A. (202) ; 40 V. c. 8, s. 58. Eegistration tSt. Any agreement in writing (Form 4) between owners of agreementB. respecting such line fence may be filed or registered and en- forced as if it was an award of Fence-viewers. 37 V. c. 25, s. 1 2. Owner of 13. The owner of the whole or part of a division or line whiolrfo™^ fence which forms part of the fence enclosing the occupied or partof another improved land of another person, shall not take down or re- S^jr'w^ve move any part of such fence, same except upon notice, ^^^ Without giving at least six months previous notice of Powers of the Judge. Decision of Judge to be final. ,-,-^iitbmmlUtm rd made may appeal lit of the County in eedings on such ap- (nce-viewera, and all his intention to ap- ha>s been notified of s other notices nien- 3y of such notice to •ivision in which the notify the Judge of jpoint a time for the uch sum of money to 18 will be a sufficient )lace for the hearing e to the Clerk, who ;ies interested, in the ^ice of other notices B the appeal, and set ig any error therein, esses on oath, antl, ; and may order pay- the amount of such ! award, as so altered respects as it would m. appeal, including the t money of witnesses, in the case of a suit 40 V. c. 7, Sehed. A. 4) between owners • registered and en- ers. ;37V.c.25,s. 12. of a division or line oeing'the occupied or not take down or re- rhs previous notice of [Title XII. Title XII.] LINE FENCES. Chap. 198. 413 his intention to the owner or occupier of such adjacent enclo- sure; (b) Nor unless such last mentioned owner or occupier after demand made upon him in writing by the owner of such fence refuses to pay therefor the sum to be determined as provided in the sixth section of this Act ; (c) Nor if such owner or occupier will pay to the owner of such fene(! or of any part thereof, such sum as the Fence- viewers may award to be paid therefor under the sixth section of this Act. 40 V. c. 29, s. 1. 2. The provisions of this Act relating to the mo.le of deter- P^o~/ mininff disputes between the owner of occupied adjoining ^pp,y ^^ ^^^ lands ;° the manner of enforcing awards and appeals therefrom ; under this sec and the schedules of forms attached hereto, and all other pro- • visions ..f this Act, so far as applicable, shall apply to proceed- insrs under this section. 40 V. c. 29, s. 2. 14. If any tree is thrown down, by accident or other- Pro^as^on,^^ .^ wise, across a line or division fence, or in any way in and ^^.^^ ^^f^" upon the property adjoining that upon which such tree stood, across a. line thereby causing damage to the crop upon such property or to fence. such fence, it shall be the duty of the proprietor or occupant of the premises on which such tree theretofore stood, to remove the same forthwith, and also forthwith to repair the fence, and otherwise to make good any damage caused by the falling of such tree. "> On his neglect or refusal so to do for forty-eight hours when injured after notice in writing to remove the same, the injured party «;»;^„>;^*4. may remove the same, or cause the same to be removed, in the most convenient and inexpensive manner, and may makv good the fence so damaged, and may retain such tree to remunerate him for such removal, and may also recover any further amount of damages beyond the value of such tree from the party liable to pay it under this Act. re- tree a &c. 3 For the purpose of such removal the owner of such tree Entry to may enter into and upon such adjoining premises for the removal "Jt/^ of the same without being a trespasser, avoiding any unneces- trespass, sary spoil or waste in so doing. 4 All disputes arising between parties relative to this Fence-viewers section, and for the collection and recovery of all or any sums y**;"!"^- of money becoming due thereunder, shall be adjusted by three Fence-viewers of the Municipality, two of whom shall agree. 29-30 V. c. 51, s. 355 (28). IS. The forms in the Schedule hereto are to guide the par- Forms, ties, being varied according to circumstances. 37 V. c. 25, s. 13. ■t ymjnmlt iM * -f 414 Chap. 198. MUNICIPAL MATTERS. [Title XII. ^ SCHEDULE OF FORMS. FORM 1. {Sec(io7i 3.) NOTICE TO OPPOSITE PARTY. Take notice, that Mr. , Mr. , and Mr. , three fence-viewers of this locality, will attend on the day of , 18 , at the hour of , to view and arbitrate upon the line fence in cUspute between our properties, being Lots (or parts of Lots) One and Two in the Concession of the Town- ship of , in the County of . Dated this To €. D., Owner of Lot 2. day of 18 A. B., Owner of Lot 1. FORM 2. (Sections.) NOTICE TO PBNCB-VIEWBR8. Take notice, that I require you to attend at on the day of , A.D. 18 , at o'clock a.m., to view and arbitrate on the line fence between my property and that of Mr. , being Lots (or parts of Lots) Nos. One and Two in the Concession of the Township of , in the County of Dated this day of 18 A. B., Owner of Lot I. FORM 3. (Section 6.) '. • ; AWARD. We, the fence-viewers of {name oftht locality), having been nominated to view and arbitrate upon the line fence between by [Title XII. MS. rv. r. , and (cality, will attend on the , to view and our properties, being Lota Concession of the Town- TlTLE XII.] LINE FENCES. Chap. 198. (wawe ami description of oinier who notified) and (name and description of oumer iwtified), which fence is to be made and maintained between {describe properties), and having examined the premises and duly acted according to "T/ie Line Fences Act," do award as follows: That part of the said line which commences at and ends at {describe the points) shall be fenced, and the fence maintained by the said , and that pa.t thereof which commences at and ends at (describe the points) shall be fenced, and the fence maintained by the said . The fence shall be of the following description (state the kind of fence, height, material, eals from, s. 12. Act applies to Municipal Cor^wra- tions, B. 13. Subsequent parties, s. 14, Agreement may be registered, s. 15. Forms, s. 16. HER MA.JESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — I. This Act may be cited as "The Ditches and Wai0r Coiivsex Act." tions. Certain Acts «. This Act shall not affect the Acts relating to Municipal not affected Institutions or the Acts respecting Drainage, as this Act is by this Act. jj^^gj^j^,^^ tjj apply to individual, and not to public or local in- terests, rights, or liabilities. 38 V. c. 26, s. 2. Owners to 3. In case of ownei-s occupying adjoining lands which would ditehesin be benefited by making a ditch or drain, or by deepening or certain propor- widening a ditch or drain already made in a natural water- *' "" course, m- by making, deepening or widening a ditch or drain for the purpose of taking off surplus water from swamps or low miry land, in order to enable the owners or occupiers thereof to cultivate the same, such several owners shall open ".nd make, deepen or widen a just and fair proportion of such ditch or d'ain, acconling to their several interests in the construction of the same ; and such ditches or drains .shall be kept and main- tained so opened, deepened or widened, by the said owners res- pectively, and their successors in such ownership, in such pro- portions as they have been so opened, deepened or widen- ed, unless in consequence of altered circumstances the Fence- viewers hereinafter named otherwise direct, which they are hereby empowered to do upon application of any party interested, in the same form and manner as is hereinafter pre- scribed in respect of the original opening, deepening or widen- ing ; and in case the Fence-viewers find no reason for such ®, iiiDiMiliillfc * "•• " [Title X ter-courses. with Clerk, s. 8. ri on land, s. 9. jed, 8. 10. le on, B. 11. tm, 8. 12. ,o Municipal .Cor|)ora- larties, s. 14, lay be registered, s. 16. 3 and coasent of the le of Ontario, enacts )'dches mid Water ating to Municipal age, as this Act is public or local in- 2. r lands which would or by deepening or n a natural water- ig a ditch or drain from swamps or low ir occupiers thereof ihall open <'.nd make, on of such ditch or 1 the construction of be kept and main- the said owners res- ership, in such pro- leepened or widen- nstances the Fenoe- ilirect, which they jation of any party „s is hereinafter pre- ieepening or widen- no reason for such Title XII.] ditches and water-courses. Chap. 199. 417 application, all costs caused thereby shall be bomo by the applicant. 38 V. c. 26, s. 3. 4. In case of dispute between owners respecting such pro- DiBpntea to be portion, the following proceedings shall be adopted : — fencZ^ewer*. 1. Either owner may notify (Form 1) the other owner Notice to w the occupant of the land of the owner so to be notified, pil^Jo'f "adjoin- that he will, not less than one week from the service of lag land, such notice, cause three Fence-viewers of the locality to arbi- trate in the premises. 2. Such owner so notifying shall also notify (Form 2) And to fence- the Fence-viewers not less than one week before their services viewer*, are required. 3. The notices in both cases shall be in writing, signed by Contents of the person notifying, and shall specify the time and place of "o****- meeting for the arbitration, and may be served by leaving the same at the place of abode of such owner or occupant, with some grown-up person residing thereat, or in case of a non- resident, by leaving such notice with any agent of such owner. 4. The owner notified may, within the week, object to any When Judge or all of the Fence-viewers notified ; and in case of disagree- fon^!^!fwert. ment the Judge hereinafter mentioned shall name the Fence- viewers who are to arbitrate. 38 V. c. 26, s. 4. ff. An occupant not the owner of land notified in the man- Occupanu to ner above mentioned, shall immediately notify the owner ; and "^^^ owaen if he neglects so to do, shall be liable for all damage caused to the owner by such neglect. 38 V. c. 26, s. 12. 6. The Fence- viewers shall examine the premises, and if re- Dntiee of quired by either party, they shall hear evidence, and are «»»<*-'»«^*"' authorized to examine the parties and their witnesses on oath, and any one of them may administer an oath or affirmation as in Courts of Law. 38 V. c. 26, s. 6. 7. The Fence-viewers shall make an award (Form 3) in Award*, writing, signed by any two of them, respecting the matters so in dispute, which award shall specify the locality, quality, and description and cost of the ditch or drain it orders to be made, and the time within which the work shall be done ; and shall state by which of the said parties the costs of the proceedings shall be paid, or whether either party shall pay some proportion of such costs. 2. In making such award the Fence-viewers shall regard What to be the nature of the ditches or drains in use in the locality, con^^®"^- and generally the suitableness of the ditch or drain or- dered to the wants of the parties ; and the Fence- viewers may, 27 Content* of. 418 Chap. 199 MUNICIPAL MATTERS. [Title XII. EstimateR ex- ceeded. Supplemen- tary awM:d> Fence -viewerB may order opening of ditch acrosB another per- gon'B land. if they think necessary, eniploy a Provincial Land S"'veyor foi the purpose of taking levels, or of makinfe' a plan for the pai - ties to follow in making the ditch or drain, or for other pur- poses. 3 If the expense of the ditch or drain exceeds the expense as estimated by the Fence-viewers, the same Fence-viewers may be again notified in the same manner herein pro^nded, and shall attend, and. if they see fit, make a supplementary award respecting such expense which award shall have ihesanie effect and may be dealt with in ail respects as if it were part of the first award. 38 V. c, 26, s 6. 4 If it appears to the Fence-viewers that the owner or occu- pier of any tract of land is not sufficiently interested in the opening up the ditch or water-course to make him liable to perform any part thereof, and at the same time that it is neces- sary for the other party that such ditch should be continued across such tract, they may award the same to be done at the expense of such other party ; and after such award, the last mentioned party may open the ditch or water-course across the tract, at his own expense, without being a trespasser. 40 V. c. 8, s. 59. 8 The award and any plan made as above provided for, shall be deposited in the office of the Clerk of the Municipality in which the lands are situate, and the award and plan shall be official documents, and may be given in evidence in any legal proceedings by certified copies, as are other official docu- Notificationof mints, and notice of their being made shall also be given to award. g^y parties interested. 38 V. c. 26, s. 7. Award to be a ». The award shall constitute a lien and clarge upon the Uen on the lands respecting which it is made when it is re^stered in the Registry Office of the County or other Registration Division in which the lands are. Deposit of award to be evidence. Imd. „ . . Hnn 2. Such registration may be in duplicate or by copy, proved IrfTwalrf by affidavit of a witness to the original, or otherwise, as in the „ a* . case of any instrument which is within the meaning ot I he ni:-^***- Reg^tryActr 38 V. c. 26, s. 9. Enforcing award. 10 The award may be enforced as follows ;— The person de- siring to enforce it, provided the work is not done withm the time^specified by the award, may do the work which the award directs, and may immediately recover its value and the costs from the owner by action in any Division Court having iurisdiction in the locality : but the Judge of such Division Court may, on application of either party, extend the time for makii^ such ditch to such time as he may think just. 38 V. c. 26, 8. 8. mm [Title XII. il Land Surveyor for a plan for the par- n, or for other pur- ccoeds the expense as } Fence-viewers may erein pro^nded, and upplementary award have ihe aame effect, I it were part of the at the owner or occu- tly interested in the make him liable to time that it is neces- should be continued ne to be done at the such award, the last r water-course across 1 being a trespasser. jve provided for, shall if the Municipality in iward and plan shall n in evidence in any ire other official docu- shall also be given to and ci.arge upon the it is registered in the jgistration Division in ite or by copy, proved or otherwise, as in the the meaning of " The lows : — The person de- 8 not done within the ) the work which the jover its value and the Division Court having B of such Division Court id the time for making ink just. 38 V. c. 26, Title XII.] ditches and water-courses. Chap. 19!). 419 11. The Fence-viewers shall b« entitled to receive two dollars Fence-vliwem' for every day's work under this Act. Provincial Land Sur- *"^!i.*^*""**' veyors and witne8.ses shall bo entitled to the .same compensa- tion as if tliey were subpiunaed in any Division Court. 38 V. c. 20. 8. 13. W. Any person diasatisfied with the award made may AppeaL appeal therefrom to the Judge of the Cotmty Court of the Cfounty in which the lands are situate ; and the proceedings on such appeal shall be as follows : — 1. The appellant shall serve upon the Fence- viewers and all Notice of, parties interested, a notice in writing of his intention to ap- peal, within one week from the time he has been notified of the award, which notice shall be served as other notices men- tioned in this Act. 2. The appellant shall also deliver a copy of such notice to the To Clerk Clerk of the Division Court of the Division in which the land or a portion thereof lies, and the Clerk shall immediately notify the Judge of such appeal, whereupon the Judge shall ap- AndJudge. point a time for the hearing thereof, and, if he thinks fit, order such sum of money to be paid by the appellant to the said Clerk as will be a sufficient indemnity against costs of the appeal. 3. The Judge shall order the time and place for the hear- Notice of ing of the appeal, and communicate the same to the Clerk, who "^"""k- shall notify the Fence-viewers and all parties interested, in the manner hereinbefore provided for the service of other notices under this Act. .1 4. The Judge shall hear and determine the appeal, and set Powers of aside, alter, or affirm the award, correcting any error therein, '^"'•k*' and he may examine parties and witnesses on oath, and, if he so pleases, inspect the premises, and he may order payment of costs by either party, and fix the amount of such costs. 5. His decision shall be final ; and the award, as so altered No appeal, or confirmed, shall be dealt with in all respects as it would have been if it had not been appealed from. 38 V. c. 26, s. I*. 13. In case any Municipal Corporation would be benefited Liabilitiee of by the construction of such ditch or drain, such Corporation ^^*^J«g. shall be in the same position as an individual owner imder this Act. 38 V. c. 26, s. 10. 40 V. c. 8, s. 60. 14. In case any person during or after the construction of Penonn desir- the ditches or drains herein provided for, desires to avail him- ifif^^"^* self of such ditches or drains for the purpose of draining other drains after lands than those contemplated by the original proceedings, he construction, may avail himself of the provisions of this Act, as if he were or ^'■,mm 420 Chap. 199. MUNICIPAL MATTERS. [Title XII. ha.! iK-en a party to Huch orij?inal prcjceedings ; but no norson HhallmakeKJeofthc .Utch.s or .hains constructed uncferthe to Hhall make use oi me mvci.i" ». ...»....- ~ — - - provisions of this Act unless under agreement or awanl pur Huant to its provisions as to use of the land of others, as U eZvsi^Z of the original diteh or drain, so as to contam ad- ml water therein, and .vs to the time for the con.pletion of ditional such enlargement 38 V. c. 26, 8. 11. A«r..en,ent.«. Iff. Any agreement in writing (Form ^)' }^^'"f\^Z feiCd^ respecting 8U?h ditch. n*y be filed or fegistci-ed and en iSd'^a. forLl aslf it was an award of the Fence-viewers. 38 V. c. 26, 8.16. Form.. 16. The forms in the Schedule hereto are to guide the parties, being varied according to circumstances. d8 v. c. m, 8.16. SCHEDULE OF FORMS. • FORM 1. (Section 4.) HOTIOE TO OPP08IIB PARTY. Take notice, that Mr^^ ,^„„^.,i,^,„ i, this locality. wiU attend on 1^' Axv of A D. 18 , at the hour of . to Se*w our prop^rtie.. being Lot. (or parts of Lots) (>»^ and Tt^o in the Conceiirion of the fownship of , m the County of and arbitrate respecting the ditch in dupute upon our said Lots. Dated this day of A.D.18 A.B. Owner of Lot L To C. D. , , , Owner of Lot 2. {or om the am may be). FORM 2, (Seci). to viovr riiy projHirty, and that of Mr, of Lots) N<)«. One niid Ti>'i> in tlio , in tlio County of ru((iiiruil on said Lotu. boinK Lots (or parm ConconHion of tho Town8hi^> of , and arbitrato on the ditch Dattid this day uf A.D. 18 A.B. Owner of Lot 1 . 421 are to guide the ances. 38 V. c. 26, FORM 3. (Section 7.) AWARD. S. and locality, will attend on the hour of , to yne and Two in the e County of our said Lots. , A.D. 18 A.B., Owner of Lot 1. We, the Fence- viewers of Cname of the loealUy), having been nominated to view and arbitrate between {name and deiicript%on of owner who notified) and (nameowi description of ovmer notifief{)upon aditch ro. 422. •' 201.— For tho i)rotoction of InBoclivorons Birds, etc., p. 425. •' 202.— To ojicourago the deitroying of V/olvo», p. 427. CIIAPTEK 200. An Act for the Protection of Game and Fur-bearing Animals. Protection of Game: Periods within which certain ani- mals and birds protected, s. 1. But may be sold or kept for pri- vate use at other periods, s. 2. Where possession unlawful,s.2(2) Protection of eggs, s. 3. Prohibitions : Trapping, etc. , s. 4. Batteries and night lights, s. 5. Use of poison, s. 6. Protection of fur-bearing animals, s. 7. Penalties: How recoverable, s. 8. Amount of in each case, s. 8. Application of, s. 9. Confiscation to follow, s. 10. Game imported for breeding not to be destroyed, s. 11. Close period. Deer, &c. Ttirkey, Ac. QnaU. HER MAJESTY, by and with the advice and con,sent of the Legislative As-sembly of the Province of Ontario, enacts as follows ^ — 1 None of the animals or birds hereinafter mentioned shall be himted, taken or killed within the periods hereinafter limited : (1) Deer, Elk, Moose, Reindeer or Cariboo, between the first day of December and the first day of September in the fol lowing year ; > (2) Wild Turkeys, Grouse, Pheasants or Pariridges, between the first day of January and the first day of September ; (3) Quail, between the first day of January and the first day of October; , ■Aonapatea '*w!»--''~''^s>- [TiTLK XII. me, f in each case, s. 8. »n of, B. 9. ion to follow, s. 10. irted for breeding not to yed, s. 11. dvice and consent of Province of Ontario, after mentioned shall ! periods hereinafter boo, between the first September in the fol >r ParCridges, between ' of September ; uary and the first day TiTLK XII.] I'ltnTKCTloN OK UAMI'.. Clinp. '200 423 WiwmIoocU. Hlll|H'. Duck. Swan and Harea. Kx{>oiiure for Hale. (4) Wootlcock, l»utwot)nthe tirnt day of January antl the fust day of July ; f .')) Snipe, iHstwtu'n the tirnt day of May and thi- tifU'cnth day of AujjUMt ; ((J) VVatt'ifowl, which arc known as Mallard, (irt-y Duck, Black Duck, Wood or Suiunu'r Duck, and all thf kinds of Duck known a.s T»al, lu'twtiun the first day of January and tht; fif- teenth day of August. .'JS V. c. 38, s. 2. (7) ()th«!r Ducks, Wild Swans or (Iccso, between the fii-st day of May and tho fifteenth day of August. 34 V. c. 3.'), s. 2. (8) Hares or Rabbits, between the fir.st day of March and the first day of SepteuiUtr. 35 V. c. 38, s. 2. 9. The said animals or birds may In* exposed for .sale for one bird whatsoever, save the Strapping kinds hereinbefore or hereinafter excepted, or to set, wholly or certain birds, in part, any net, trap, springe, snare, cage or other machine or engine by which any bird whatsoever, save and except eagles, falcons, hawks, owls, wild pigeons, king-fishers, jays, crows and ravens might be killed and captured ; and any net, tra^ springe, Power to seize snare, cage or other machine or engine, set either whol^ or in nets, trap8,etc. part for the purpose of either capturing or killing any Bird or birds, save ancl except eagles, falcons, hawks, owls, wild pigeons, king-fishers, crows, jays and ravens, may be destroyed by any person, without such person incurring any liability therefor. 36 V. c. 45, s. 3. MtMMWmW'W'*'— '* ' " l l il MHi» '« ^u 'Mi Jit i »'iwii -1** "*^ y' ^ s |TrS .^ - « r # j | v «i »jM !Wli » w*' * ' - MUNICIPAL MATTERS. [Title XII. 426 Chap. 201. Nest, youngfir 4. It sliall not be lawful to take, injure, destroy or have in taLn?* *" possi'.s.sion any nest, young or egg of any bird whatsoever, ex- cept of eagles, falcons, hawks, owls, wild pigeoas, king-fishers, jays, crows and luvens. ^^ 30 V. c. 45, m. 4. Pcjwer to seize birds unlaw- fully possess- ed. •I. Any person may seize, on view, any bird unlawfully pos- 8es.sed, and carry the same Itefore any Justice of the Peace, to be by him confi.scated, and if alive to be liberated ; and it shall be the duty of all Market Clerks and Policemen or Constables, on the spot to seize and confiscate, and if alive, to liberate such birds. 36 V. c. 45, s. 5. Eggs or birds O. The Commissioner of Agriculture, and all persons au- Bcientmo piir- thorized by him to that eflfect, may gi-ant written permission poses. to any person or persons who may be desirous of obtaining birds or eggs for bona fide scientific purposes, to procure them for that purpose, and such person or persons shall not be liable to any penalty under this Act. 36 V. c. 45, s. 6. PenaltieK. ^ f. The violation of any provision of this Act shall subject the offender to the payment of not less than one dollar, and not more than twenty dollars with costs, on summary conviction, on information or complaint before one or more Justices of the Peace. Application of 2. The whole of such fine shall be paid to the prosecutor, "*''■ unless the convicting Justice or Justices have reason to believe that the prosecutor is in collusion with and for the purpose of benefiting the accused, in which case the said Justice or Justices may order the disposal of the fine as in ordinary cases. Imprison- ment. y 3. In default of payment of such fine and costs, the offender shall be imprisoned in the nearest Common Gaol for a period of not less than two and not more than twenty days, at the discretion of such Justice or Justices of the Peace. 36 V. c. 45, Conviction not g No conviction under this Act shall be annulled or vacated want of form, for any defect in the form thereof, or for any omission or in- formality in any summons or other proceeding under this Act, fio long as no substantial injustice results therefrom. 36 V. c. 45, s. 8. .. , *^:-fc {^* L i il l ,l,t ll l ! .W I lft.l. v. * ^ '^h m^tiii fm i m iifvipt* [Title XII. destroy or have in lircl whatsoever, ex- igeoas, king-fishers, ird unlawfully pos- tice of the Peace, to orated ; and it shall jmen or Constables, live, to liberate such id all persons au- written permission sirous of obtaining ?es, to procure them s shall not be liable ;, 8. 6. is Act shall subject I one dollar, and not ummary conviction, nore Justices of the I to the prosecutor, 88 have reapon to 1 with and for the ;ase the said Justice fine as in ordinary d costs, the offender a Gaol for a period twenty days, at the Peace. 36 V. c. 45, annulled or vacated iny omission or in- iing under this Act, ^herefrom. 36 V. c. Title Xll] DESTUOYING OF WOLVES. Chap. 202. 427 CHAPTER 202. All Act to encourage the Destroying of Wolves. Bounty payable on production of wolf's head, b. 1. Magistrate to give a certificate, a. 2. On production of which County Treasurer to pay bounty, b. 3. Provided other expenses have been first paid, b. 4. Certificate a legal tender in pay- ment of County rates, s. 5. HER MAJESTY, by and with the advice and consent of the LegislativeAssembly of theProvince of Ontario, enacts as follows : — 1. If any person produces the head of a wolf with the ears ^^p^Xg on before any Justice of the Peace acting for any County in ^ Jr.P. the Ontario, and makes oath or affirmation (as the case may be) oi J-^dof j^wolf otherwise proves to the satisfaction of such Justice, that tne „„ entitled to wolf was killed within that County, or within one mile of an « reward, actual settlement in the County, he shall be entitled to receive from the Treasurer of the County the sum of six dollars as a bounty for the same. C. S. U. C. c. 60, s. 1. 9. In case the Justice of the Peace before whom the head of J:/^gi- ^ the wolf is produced, is satisfied of the fact that the wolf was killed as in the preceding section mentioned, he shall tirst cut off the ears thereof, and then give the person a certificate that the fact of the wolf having been killed as in the last sec- tion mentioned has been proved to his satisfaction, and such certificate shall authorize the person holding the same to de- ^ ^ mand and receive f^om the Treasurer of the County the said bounty of six dollars. C. S. U. C. c. 60, s. 2. 3. The Treasurer of the County shall forthwith pay s«;^ J^^merto bounty to the person presenting the certificate, provided the ^^^^ if in County funds in his hands enable him so to do ; and if the said fund*. funds do not so enable him, then the said Treasurer shaJl pay the same out of the moneys of the County which next there- after come into his hands. C. S. U. C. c. 60, s. 3. 4. The Treasurer of a County shall not pay the bounty to other^^tj^ which any such certificate entitles the person presenting the g^^ j^^ same, until he has paid the annual expenses of the County, arising from the building of a Couri; House and Gaol, and keep- ing the same in repair, the fees of the Clerk of the Peace, the % ■^.•■T^Hirm'^'Pii'lr-rt ■ ■■■ti-ii''-i- '"■■■ ^iiiiiBtiWMiinlini'i «M-»t< « i . ' i H r , Hr .nWWmi^ T I — T 428 Chap. 202. MUNICIPAL MATTERS. [Title XII. salary of the Gaoler, and the maintenance of the prisoners. C. S. U. C. c. 60, 8. 4. If not iwid S. When the funds of any County do not enable the Trea- bTSredtn »"^<^'' thereof to pay the bounty, the certificate thereof shall Ije discharge of a lawful tender to the fuU value and amount therein specified , rates. f^j. gj^j towards the discharge of any County rate or assess- ment to be collected from any pei-son within the County in which the wolf was destroyed, and shall be accepted and taken by the Collector of any Township within the County as equiva- lent to so much of the current money of Canada, and may be by him paid and delivered over to the County Treasurer, by whom the same shall in like manner be taken and accepted as equivalent to so much of the current money aforesaid. C. S. U. C. c. 60, s. 5. hi > i ' i f i *irii > 7j i ,rt . . i H»i i. » i. [Title XII. ice of the prisoners. not enable the Trea- ficate thereof shall Ix; )unt therein specitied , ounty rate or assess- vithin the County in )e accepted and taken the County as equiva- Canada, and may he County Treasurer, by aken and accepted as jney aforesaid. C. S. Title V.] MUNICIPAL MATTERS. Chap. 33. 429 PAET II. MISCELLANEOUS CHAPTERS OF THE REVISED STATOTES OF ONTARIO, RELATING TO MUNICIPAL MATl'EKS. 1. Drainage Works. Chap. 33 —Public Money for Dretnt^, p. 430. " 34.— Aid to Drainage by Munioipi^tieB, p. 443. 2. Etqtefues of the Adminiitration of Juttiee. Chap. 84.— Fees of OfScers, &o., in the Administration of Justice, p. 447. " 85. — Expenditure of County Funds in certain cases, p. 466. " 86. — Expenses of Administration of Justice in Criminal Matters, payable by the Crown, p. 459. " 87. — Payment of Crown Witnesnes, p. 466. ' ' 89. —Appropriation of Fines and Forfeitures in certain cases, p. 469. ..>^ 430 Chap. 33. PUBLIC DEPARTMENTS, REVENUE, &C. [TiTLE V. I. Drainage Works, Chap. 33. —Expenditure of Public Money in Drainage Works, p. 430. 34.— Investment »)f Public Money in Debentures issued for the construction of Drainage Works by Municipalities, p. 443. CHAPTER 33. An Act respecting the Expenditure of Public Money for Drainage Works. Short title, s. 1. Expenditure for drainage worke au- thorized, 88. 2, 3. When Commissioner may under- take drainage works, ss. 4, 5. At request of a municipal Coun- cil, 8. 4. On application by majority of owners, a. 5. When works may be extended into an adjoining municipality, 8. 6. Assessment of lands benefited to defray expense, ss. 7-13. Complaints and Appeals from As- sessment, ss. 14-19. When lands in adjoining munici- pality may be charged though works not carried into it, s. 21. Assessment of lands of adjoining municipality, ss. 21-24. Arbitration in case of objection to the Assessment, s. 26-29. Repair and maintenance of works after completion, s. 30. Adjoining municipality using a drain may be assessed for con- struction and maintenance, 0.31. Grubbing and' spreading earth, sp. 32, 33. Assessment roll to be deposited with Commissioner of Public Works, and in Registry Office, s. 34. Assessments to form a rent charge on land, s. 36. Collection of Assessments and re- mittance to the Provincial Treasurer, ss. 35-40. How land may be discharged from the rent charge, ss. 41-45. Increased rent to be paid by tenants of improved lands to be deter- mined by assessors, s. 46. Where rent charge is upon Crown lands, 8. 47. Disputes as to boundaries to be settled by Assessors, s. 48. Disputes between municipalities, &c., as to damages, to be re- ferred to arbitration, s. 49. Assessment where two or more mu- nicipalities have appli ed ^ for drainage, s. 50. mZT!!? HER MAJESTY, by and with the advice' and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — Short title. 1. This Act may be cited as " The Ontario Drainage Act" 'JUE, &c. [Title V. rks. Etinage Works, p. 430. ebentures iaaued for tho Muiiicipulitiea, p. 443. 3 of Public Money and' spreading earth, sp. t roll to be deposited Commissioner of Public I, and in Registry Office, ts to form a rent charge d, s. 36. of Assessments and re- ice to the Provincial irer, ss. 35-40. may be discharged from nt charge, ss. 41-45. rent to be paid by tenants •roved lands to be deter- by assessors, s. 46. it charge is upon Crown s. 47. ts to boundaries to be I by Assessors, s. 48. between municipalities, kS to damages, to be re- to arbitration, s. 49. t where two or more mu- lities have appli ed ^ for ge, 8. 50. m^ idvice" and consent of Province of Ontario, rio Drainage Act." TiTLK v.] DRAINAGE WORKS. Cliap. 33. 431 a. Tlie TreaHurer of the Province may, with the authority of J;;X:rri"eT the Lieutenant-Governor in Council, advance out of the public moneys of the Province any sum or siuiis of money, so that the samc.with what has been already expended under " The Ontario :w V. c. 3«. Drainage Ad of 1873," do not exceed in the whole the sum of two hundred thousand dollars, to be expended in Drainage Works, to l)e executed under the provisions of The Act respecting the Rev. Stat. Public Wwks of Ontario, and of this Act. 3G V. c. 38, s. 1. "• ^^ 3. The Commissioner of Public Works shall cause a separate ^J^^^"^^^: account to be opened in the books of his Department, in which Siturrior shall be regularly entered a true and exact statement of all J-a^n^ge ^^ sums of money received, paid and expended about any drain- ^^^j* age or improvement by means of drainage, embankment, cul- verts, or other work in connection with drainage, made under the provisions of the aforesaid Act, and of the several articles, matters or things for which any sum of money has been so disbursed and paid. 36 V. c. 38, s. 2. 4. The Commissioner of Public Works may, on the written ^«j:™~' application of the Council of any Municipality askmg for dram- Works may age works within such Municipality, or along any town line of imde^ke^^ such Municipality, undertake and complete the same. 36 V. c. ,,uegt of muni- 38, s. 3. '''P'^'*^' «. The Commissioner of Public Works, on the petition of a :;[;^^««*'p°'J,. majority of all the owners, or on the petition of a majority of ,,erty holders, the owners as shown by the last revised assessment roll to be resident on the property described in the petition, and the whole or a portion of which is to be benefited by the drainage, may undertake and complete the same, as if the Council had applied for the drainage. 36 V. c. 38, s. 4. 6. Wherever it is necessary to continue the drainage works ^henwrn-k beyond the limits of any Municipality, the engineer employed tended into by the Commissioner of Public Works may continue the survey "t^^Jj™"'"" and levels into the adjoining Municipality, until he finds fall ^ enough to carry the water beyond the limits of the Municipal- ity in which the drainage was commenced, and the Commis- sioner may undertake and complete the same as if such adjoin- ing Municipality or inhabitants thereof had petitioned for the same. 36 V. c. 38, s. 6. - t The Commissioner of Public Works shall notify the Coun- Appointment cil of any Municipality in which, or along any town line of 'j^Cotmcii of ^ which drainage works have been executed under the foregoing benefit of provisions, requesting them to appoint three Assessors, who drainage, shall assess all lands and roads benefited by such drainage. 36 V. c. 38, s. 7. 8 If the Council so notified fails to appoint such As- How asaeoB- sessors within one month after such notification by the Com- SJ^*r^lure ^.___.. ^.__. J 432 Chap. 33. public departments, revenue, &c. [Title V. of Council t., inisHioncr of Public Works, then the O^cial Arbitrators, or •ppolnt aBMH- j^j,p|j fyi\^Qf persons as the Commissioner of Public Works may """ appoint, shall make the assessment in the same maimer and under the formalities hereafter laid down for the guidance of the Assessoi-s. 3C V. c. 38, s. 8. Oath of aMSH gors before asgeMing. BeT. Stat. 9 The Assessors shall, before proceeding to make the as- sessment, take and subscribe the following oath (or, m case of those who affirm, make and subscribe the following affirma- tion) before any Justice of the Peace : which oath or affirma- tion shall be deposited with the assessment roll as provided in section thirteen : I. ^. ^. , do Bwear (or affirm) that I wiU to the be«t of mv ability and knowledRe make a true and honest aweMnient of the land» drained or benefited by such drainage in proportion to the benefit derived by each road, lot, or part of lot thereby : So help me God (or tn com of affirma- tion " All which I do aolemnly affirm "). 3o V. c. do, 8, y, Commiisioner 10 As soon ss Conveniently may be after any works for the l^;;Ltf tS drainage or improvement of anv land, authorized to 1^ executed theAsBeaww. u„nt of la. The Assessors shall assess all lands and roads benefited by lands. drainage undertaken under the formalities prescribed in the fifth section, as if the same had been undertaken on the application of the Municipality. 36 V. c. 38, s. 6. A9«)B80Mto 13. The Assessors shall, forthwith after they have com- depoeitcopy of ig^g^j ^jje assessment, deposit an attested copy of their assess- mlnt'^tT" ment roll with the Clerk of the MunicipaUty which, or the in- Cierk of Muni- habitants of which, applied for the drainage. 36 V . c. 38, s. 10. apality. &c. [Title V. Arbitrators, or iblic Works may arae manner and the guidance of to make the as- ,th (or, in case of >llowing affirma- oath or affirma- roU as provided jt of mv ability and he lands drained or nfit derived by each or in ecue of affirma- 36 V. c. 38, 8. 9. my works for the ;ed to be executed ^rks of Ontario, shall furnish the ith the drain or I such as are used f the sums which )rks so executed, interest upon all iliminary surveys, I and other docu- ary. 36 V. c. 38, tthor documents as inspect the lands, )arcel of land the ums which have be payable in re- or road so drained roads benefited by prescribed in the idertaken on the i, s. 5. ' they have com- py of their assess- r which, or the in- 36 V. c. 38, 8. 10. Title V.] DItAINAOK WORKS. Chap. 33. 433 i4. The aH.soHSinent shall bo Nubjcct, in every casu of coin- Apiwnl from plaint by the owner or neixon interested in any property as- 'k-^«""neiit. 8e.-.seeen wrongfully omitted to lie as,sessed, to an appeal to the Court of Revision of the Municipality in which the lands or roads benefited by the drainage lie ; and tlie proceedings for trial of such complaints, shall Ih.i .such as are had upon com- Kev. Stot. c. plaints to the Court of Revision under " The, AHWHmiu'nt Ad!' "*"• •"• ^'^^T- 3»i V^ c. 3H, s. 11 ; 40 V. c. «, s. 57. W. The (Jlerk of the Municipality with wliom the assess- clerk nf ment roll has been deposited shall, within si,\ days after ^^"""c'pajJty 1 , 11 1 * 1 1 • 1 ..1 1 . . t" P'li'liHh the such assessment roll has been so deposited with hnu, |)ub- uHHeMsiuent. lish the same for four weeks in some papei- in the Municipality, or, if no newspaper Ix) published therein, then in some news- t)aper in the nearest Municipality, together with a notice of the loiding of a Court or Courts of Revisicjn, as the case may re- rpiire. 3(5 V. c 3H, s. 12 ; 40 V. c. «, s. 57. 16. The Councils of the Municipalities in which the lands Oourts of Re- or roads benetited lie shall, from time to time as occasion may ^•'*'""- require, hold Courts of Revision for the hearing of complaints against such as,sessment on .some day not earlier than twenty nor later than thirty days from the day on which the as.sessment roll was fii-st published ; and such Courts shall be constituted * in the same manner and have the same powei"s as Courts of Rev. Stat Revision under V. c. 8, s. 57. Tlie Assessment Act." 30 V. c. 38, s. 12 ; 40 «• 18". ««• *^- 55. 17. The Clerk with whom the roll is deposited shall transmit Reference of to the Court of Revision of each Municipality attected, a certi- ^^i5^!,t*^gg. fied copy of so much of the said roll as relates to such Munici- ment. pality. 40 V. c. 8, s. 57. 18. In case of appeal from the Court of Revision the same Appeal to shall be to the Judge, or Junior or acting Judge of the County Juoge. Court, of the County within which the Municipality is situate ; and such Judge and the Clerk of the Municipality and the Clerks of the Division Courts therein respectively shall have Powers etc., the same powers and duties, as nearly as may be, as they have and'cierk'** upon appeals from the Court of Revision under " The Assess- Rev. Stat., c. ment Act" 36 V. c. 38, s. 12 ; 40 V. c. 8, s. 57. ^^' «•■ ■'^»^- 19. In case, on any such complaint or appeal, the assessment Variation of is varied in respect of the property which is the subject of the "^"^^^Jj^^ complaint or appeal, the Cfourt or Judge, as the case may be, appeals, shall vary pro ratti the assessment of the said property and of the other lands and roads benefited as aforesaid, without further notice to the persons interested therein, so that the aggregate amount assessed shall be the same as if there had been no appeal ; and the Judge or in case there is no appeal to the Judge, 2S OD or 434 Chap. 38. public departments, rbvenue, &c. [Title V. the Court of Revision shall return the roll to the Municipal Clerk from whom it was received, and the Assessors shall pre- pare and attest a roll in accordance with their original assess- ment as altered by such revision. 40 V. c. 8, s. 57. When WWM.H. 90. Where lands or roads in an adjoining Municipality, or """uH T^i*? '** lying between two Municipalities, are assessed, th.^ assessment Selllt i-oll shall not be published, as hereinbefore provided until in tw.. munioi- ^he amount to be paid by such adjoining Municipality^ is ^ determined by arbitration or otherwise, as hereinafter provided. 36 V. c. 38, s. 13. 91. Where the drainage works do not extend beyond the limits of the Municipality in which they were commenced, but in the opinion of the A-ssessors l»enefit lands in an adjoining Muni- cipality, or greatly improve any road lying within any Munici- pality, or between two or more Municipalities, then the Asses- soi-8 shall charge the lands so benefited and the Corporation or Company whose road or roatls are improved, with such proportion of the costs of the work as they may deem just ; and the amount so charged for roads, or agreed upon by the Arbitrators hereinafter reteired to, shall be paid out of the general funds of such Municipality or Company. 36 V. c. 38, 8. 16. • When landi* in an MijoininK mnnicipality may be charKiid, though worliH not i;iiiTieii into Huoh municipality. Ue^M)I•t ax to 99. The Assessors shall determine and report to the Council which munici- „£ ^he Municipality which, or inhabitants of which, asked for mainlan the drainage, whether the drainajge shall be maintained solely diaiimfee g^^ ^j^g expense of such Municipality, or whether it shall bo con- *"' structed and maintained at the expense of both Municipalities, and in what proportion. 36 V. c. 38, s. 17. Council of municipality wherein work l)egiiii to notify inunici' pality to be benefited. 93. The Council of the Municipality which, or certain in- habitants of which, applied for the drainage, shall serve the Head of the Council of the Municipality into which the same is continued, and whose lands or roads are benefited without the drainage being continued, with a copy of the assessment roll aforesaid, so far as it affects such last mentioned Municipality ; and unless the same is appealed from, as hereinafter provided, it shall be binding on the Council of such Municipality. 36 V. c. 38, s. 18. 94. The Council of such last mentioned Municipality shall be bound, as if they had petitioned for such drainage, as pro- vided in the fourth section of this Act, to raise such sum as may be named in the assessment roll, or in case of an appeal, for such sum as may be determined by the Arbitrators herein- after mentioned. 36 V. c. 38, s. 19. Council of 95- The Council of the Municipality into which the drainage municipality works have been continued, or whose lands, road or roads are not^S^mmay benefited without the drainage works being carried within its Council of municipality wherein work not InffeTin to raiue money. UK, &c. [Title V. II to the Municipal AsHCSHors shall pre- heir original assess- 8, s. 57. ling Municipality, or issed, th^ aHsessment jfore provided until ing Municipality is [lereinafter provided. extend beyond the re commenced, but in I an adjoining Muni- [ within any Munici- ties, then the Asses- and the Corporation mproved, with such as they may deem s, or agreed upon by ill be paid out of the tnpany. 36 V. c. 38, report to the Council i of which, asked for be maintained solely ether it shall bo con- r both Municipalities, J. which, or certain in- inage, shall serve the nto which the same is 3enetited without the F the assessment roll itioned Municipality ; hereinafter provided. Municipality. 30 V. id Municipality shall uch drainage, as pro- to raise such sum as in case of an appeal, le Arbitrators herein- to which the drainage ids, road or roads are ing carried within its Title V.] DRAINAGE WORKS. Chap. 38. 48ft limits, may, within ten days from the day in which the copy of apwal ; arbl- tho a.ssessment roll was served on the Head of the Municipality *^»***"' "•"*" appeal therefrom ; in which case they shall stsrve the Head of the Corporation from which they received the assiissment roll with a written notice of appeal. 2. Such notice shall state the grounds of appeal, the name of an Arbitrator, and call upon such Corporation to appoint an Arbitrator in the matter on their behalf, within ten days after the service of such notice ; and in default thereof it shall be lawful for the Council of the Municipality so appealing to appoint such second Arbitrator, and the two Arbitrators so ap- pointed shall forthwith appoint a third Arbitrator in the matter. 3. In no case shall the Assessors, or any oi them, or a member or officer of any Council concerned, be appointed or act as Ai-bitrator. 36 V. c. 38, s. 20. 9S. If, after the Arbitrators have been appointed as afore- Apnointment said, they fail or neglect for the space of six days to appoint a °f *■>'"' '"■''*• third Arbitrator, the Judge of the County Court of the County (^unty^Fudge in which the Municipality appealing is situated, shall, within four days after a i-equest in writing made upon him by either of the two Arbitratoi-s appointed as above, appoint a third , Arbitrator. 36 V. c. 38, s. 21. 91. The Arbitrators, before proceeding to tiy the matter of Oath by|arbi- the arbitration, shall take and subscribe the following oath (or *™t<"*- in case of those who affinn, make and subscribe the following affirmation) before any Justice of the Peace ; which oath or affirmation shall be filed with the award : — " I, A. B., do swear (or affirm) that [ will woU and truly try the matter referred to me by the parties, and a true and impartial award make in thu premises, according to the evidence and my skill and knowledge : So help me God." (Or in case of affimmtion, "All of which I do solemnly atlirm.") 36V.c.38,s. 22. ^. The Arbitrators shall, within ten days after the appoint- Awanl ment of the third Arbitrator, meet at such place as they may agi-ee upon, and shall then hear and deteniiine the matter in dispute, and make their award, which shall be binding on all parties ; and one copy thereof shall be filed with the Clerk of each of the Municipalities interested, one shall be filed with the Filing. Registrar of Deeds for the County or Riding in which either of , the Municipalities is situate, and one with the Commissioner of Public Works. 36 V. c. 38, s. 23. 99. In case of difference between the Arbitrators, the deci- Decision of sion of any two of them shall be conclusive. 36 V, c. 38, maji maintennnco of work aftpr oimipU^tion, where workii are in iiiort; thAn oiiu iininicipality. Where only in une municipal- ity. Chap. 33. PUHLic departments, revenue, &c. [Title V. aO It Hhall \n' tlio In any case wherein, after such drainage works have been fully made and completed, the same have not been continued into any other Municinality than that in. which the same were commenced, or wherein the lands or roa.ls of any such other Municipality are not benehted by such drainage works, it shall be the duty of the Municipality making such drainage works, to preserve, maintain, and keep in lepair the same at the expense of the lots, parts of lots and roads, as the case may be, as agreed upon and shown in the assessment roll when finally pas,sed. The t!ouncil may from time to time change such asses,sment roll on the report of an engineer appointed by them to examine and repoi-t on such drains anti repairs. 3(5 V. c. 38, s. 25. 3 Any Municipality liable to keep in repair any such draiii- a.'e works and neglecting or refusing so to do, upon reasonable notice in writing being given by any party interested tlierein, shall be compelled by mandamn^ to be issued from any Court of competent jurisdiction to make from time to time the neces- sary repairs to preserve and maintain the same ; and shall be liable to pecuniary damage to any person who or whose pro- perty is injuriously aliectcd by reason of such neglect or refusal. 36 V. c. 38, 3. 25. Caseof adrain 31. Should a drain, constructed under the provisions of this beinjr used by ^^^ be used as an outlet, or otherwise, by any other Mumci- ci;±y.t" pality. Company, or individual, such Municipality, Company, or individual using the same as an outlet or otherwise may be as- sessed for the construction and maintenance thereof in such proportion and amount as may be ascertained by the Assessors or Arbitrators, under the formalities provided in the preceding sections. 36 V. c. 38, s. 26. 39 Where a ditch is being constructed along a road allow- ance contracts may be made for spreading the ea»th taken from Timber or the 'ditch on the road ; and if the road or any part thereof is Btum^inthe timbered, OP if stumps are in the way, the timber shall be re- ''"^- moved ; and not less than twelve feet of the centre of the road ConBtructdon shall be grubbed before the earth is spread upon it. 36 V. c. of the road. 38, s. 27. Refusal to re- pair, Ditch along road. I; r -—- •-. c, &0. [Title V. lity, in tlui propor- H (as th« caHo may sf,ssoi*s or Arl>itra- ay ln', aH providt-d tain and kcop in 10 f'ori'goinji pi'ovi- HHo of tlui Munici- ed, or at the joint , as to tlio f 'ouneil, imliy passed, may Title V.] DRAINAGE WORKS. Chap. 33. 437 nagu JO works havo havo not boon an that in. wliich 10 lands or roads l)onefitod by such iinicipality making and keep in ropair f lots, and roads, as 11 in the asso.ssment r from time to time rt of an engineer in such drains and lair any such druin- lo, upon reasonable \ interested therein, ued from any Court e to time the neces- same ; and shall be who or whose pro- ih neglect or refusal. le provisions of this '<{ any other Munici- pality, Company, or therwise may' be as- ace thereof in such ed by the Assessors led in the preceding along a road allow- le earth taken from any part thereof is timber shall be re- e centre of the road i upon it. 36 V. c. 8U. The removal of the timlier, grubbing, and spreatling of t'hnrKe«for the earth, together with such portion of tlu; cost of the ditch as »'"'»'»'•'"'• *<"• th(! Asse.ssoi-H may deenfjiist and pr<»per, shall lie charged to the Municipality and paid out of its general funds. 30 V. c. 38, s. •IK •H. The Council of the Municipality which asked for the Deposit of drainage, or where the drainage was asked for by a majority of 'J">'"*|?;'';"J'' nty te»l, : OMMeHiimant the owners resident on the land to be drained or bentifited, or roll, by a majority of all the owneis, then the Council of such Muni finality shall within one month after the assessment roll has been hiiu''y .settled by the Court of Revision, Judge or Arbitra- tors (as the ca.se may l>e), deposit a duplicate of the same with the Commissioner oi Public Works, and a duplicate of the same shall also be depiwited with the Registrar of the County or Riding in which the said lands are situated, or if they are situated in more Counties or Ridings than one, then with the Registrar of each of such Counties or Ridings, togcithor with a proper map orplan annexed thereto, describing the Township and the several lots or parcels of land, and roail or roads to which such assess- ment roll or award relates ; and the Registrar is hereby re- quired to receive the same, and to endoi-se thereon the date at which it was deposited with him ; and such assessment roll, when so finally settled and deposited, shall be binding and con- p^oof of elusive on all parties : and a copy thereof, certified by any such »fMeHHinent Registrar, shall be evidence that the assessment was duly done. "' ' 30 V. c. 38, s. 29. 33. The Council of every Municipality within which or along c-'ounoUg to any town line of which drainage works have been completed, to collect shall within three months after the assessment roll luis been a«HeH8inent«. finally settled, pass a by-law, retiuiring that the amount of money to be collected and charged on the several lots or par- cels of land or roads by such Municipality shall be placed on the Collector's roll, from year to year, to be collected and paid over as prescribed in the following sections. 30 V. c. 38, s. 30. I. The respective sums of money which, by the .said }^*aTm"*** assessment roll, are specified as the projiortions or contri- charge on tho butions payable in res[)ect of the roads or several parcels or lots ^*'"^' of land so drained, or improved by drainage, or by anj' works under The Ad respecting the P^ihlic Works of Ontario, Rev. Stat. o. towards the total amount of the sums expended on and ^• about such drainage or improvements as aforesaid, shall be charged on such several parcels or lots of land, and that in preference to and with priority over all incum- payable by brances on such land, in manner following, that is to say, ^*^e.""*' each several parcel or lot of land shall be charged with a pay- ment to Her Majesty of a rent-charge after the rate of seven and sixty one-hundredth dollars per centum per annum rent for every one hundred dollars charged on such several parcels or lots, or roads, and so in proportion for every lesser amount. Collection of rent-charge. Bev. Stat. C.180. 438 Chap. 33. PUBLIC departments, revenue, &c. [Title to be payable for the term of twenty -two year.s, to be com- puted from the first day of January in every year ; the first of such payments to be made on the fii^t day of January next after the final settlement or revision of the assessment roll. 36 V. c. 38, 8. 31. 87. Every rent-charge which shall have become charged on land by virtue of this Act, shall, except as liereinafter provided, be entered by the Clerk of the Municipality in which the said land is locally situate, in a column of the Collector's roll, to be headed " Chartje under Drainage Act" and shall be collected and be recoverable by the Council of the said Municipality, by the same means and in the like manner in all respects as municipal rates and taxes are collected and recoverable „. ^^. under " The Assessment Act ;" and the amount thereof shall be Remittanceto remitted by the local Treasurer to the Treasurer of the Province, Provincial within the space of one month af^^er the same has become lYeasurer. g^jgiye, with interest at the rate ol ^even per centum during the non-payment. 36 V. c. 38, s. 32. 38. The Council of every such Municipality shall assess and levy on the whole rateable property within its juris- diction a sufficient sum in each year to enable the local Treasurer, over and above the other valid debts of the Corpora- tion falling due within the year, to pay over to the Treasurer of the Province the amount of such rent-charge, within the space aforesaid, wliether the same has been previously re- covered from the parties or lands charged with the same or not ; and the amount hereby appointed to be remitted by the local Treasurer to the Treasurer of the Province shall be the f pays as afore- ttend, or be con- luct from his rent nt of the moneys V. c. 38, 8. 33. me charged on -charge shall not ) Municipality in ctor, Treasurer or or in lieu thereof at-charge coiTes- . ' of Crown Lands ^'s behoof, and the he said Treasurer I to be opened in it-charges, or the lo all other rent- sof, may continue this Act. 30 V. between any [ in any land or ace of this Aco, y other rights or them, have or ter, or touching Title V.] DRAINAGE WORKS. Chap. 83. 441 any other matter relating thereto, it shall be lawful for the aforesaid Assessors, as well by the examination of witnesses upon oath as by all other proper and sufficient evidence, to examine into, hear and determine the same, and such determi- nation shall be binding and conclusive upon all such persons for the purposes of this Act, but not further or otherwise. 36 V. c. 38, 8. 35. 40. Should any dispute arise between individuals, or be- Diaputeg w to tween individuals and a Municipality or Company, or between ^H^^^^ ^ a Company and Municipality, jr between Municipalities, as to arbitration, damages alleged to have been done or to be done to the pro- perty of any Municipality, individual or Company, in the con- struction 01 drainage works, or consequent thereon, then the Municipality, Company or individual complaining, shall refer the matter to arbitration, as provided in " Ine Municipal Act: " Kev. sut c. and the awards so made shall be binding on all parties. 36 V. c. 38, 8. 36. SO. In cases where two or more Municipalities, which will jointly participate in the benefit of any drainage works, have applied in manner hereinbefore prescribed, to the Commissioner of Public Works, either on the written application of the Coun- cil of any such Municipality, or by petition of the majority of all the owners, or of the majoiity of the owners as shown by the last revised assessment roll to be resident on the property de- scribed in the petition, in any such Municipality, or by the Couiicil of one Municipality, and a majority as aforesaid of the owners of land in another Municipality described in the petition for the drainage of such property, and such drainage has been undertaken and completed by the Commissioner of Public Works, and an award for damages has been made under the next preceding section, then the amount so awarded in respect of such damages shall be estimated and assessed as part of the cost of the drainage works which caused them ; and all the Assessors appointed by such Municipalities as hereinbefore pre- scribed, being three in number for each Municipality, or the Official Arbitrators, or the persons appointed by the Commis- sioner of Public Works, as the case may be, shall act in con- junction in making the assessment throughout each and all of such Municipalities, and such assessment shall be made in the same manner and with the same formalities as are herein pre- scribed in the case of a single Municipality. 36 V. c. 38, s. 37. AssMsment of municipalitiM where two or more mu- niuipalitiee derive benefit from drainage works, and damaKea awarded. St. The Assessors, Official Arbitrators, or persons appointed Aasessment by the Commissioner of Public Works, as the case may ' . ^itedwith shall, when they have completed the assessment mentioned in CwintyJudge^ the preceding section, deposit an attested copy of their assess- ment roll with the County Judge of the County in which such Municipalities are situate, and such assessments shall be subject to the like appeal to such Judge as assessments in regard to a single Municipality. 36 V. c. 38, s. 38. .7ts:^awiiH^Jff^tf-:^ 442 Appeals from aBBeBsment. Cost^of pub- lication. Chap. 33. PUBLIC departments, revenue, &c. [Title V. 59. The said Judge shall, upon receiving such assessment roll, forthwith publish it in manner heretofore provided in regard to a single Municipality, together with a notice that he will, at such time, being not earlier than twenty nor later than thirty days from the day on which the assessment roll was fii-st published, and at such place as he may appoint, hear and deter- mine all matters in dispute in regard to such assessment ; and his decision thereon shall be absolute and final, and such Judge shall in all such matters have the powers and duties mentioned in section eighteen of this Act. 36 V. c. 38, s. 39. S3. The said Judge shall not be liable, either pei-sonally or officially, for the co.st of such publication, but shall be considered as acting therein as the duly authorized agent of the Munici- palities interested, which alone shall be liable for the said cost, in the proportion to be settled by the said Judge, based upon the proportional amount as.sessed against each Municipality. 36 V. c. 38, s. 40. ABsessmeni *■*• Where in the case of two or more Municipalities which when assessors will jointly participate in the benetit of any drainage works, an are unable to ^ward for damages has been made under section forty-nine, but the Assessors for such Municipalities are imable to agree upon a general assessment throughout each and all such Municipali- ties, then the three Assessors for any single Municipality may jointly make a separate assessment roll for all such Municipali- ties, an attested copy of which shall be deposited wi+h the County Judge, and the said Judge, at such time and place as he may appoint, shall hear and determine all differences be- tween the said Assessors as to such assessment, whether as re- gards the total amount thereof, or as regards the mode in which the same is to to be apportioned between the several Munici- palities and the lands therein, and the decision of the said Judge on all such matters shall be final and binding upon all the Municipalities interested. 36 V. c. 38, s. 41. AsseBsment ♦ &(;. [Title V. Huch assessment fore provided in I a notice that he ity nor later than [lent roll was tii-st t, hear and deter- assessment; and I, and such Judge duties mentioned .39. bher pei"sonally or hall be considered it of the Munici- ! for the said cost, Fudge, based upon ach Municipality. inicipalities which rainage works, an ion forty-nine, but lie to agree upon a such Municipali- Municipality may il such Municipali- eposited wi+h the time and place as ill differences be- mt, whether as re- the mode in which he several Munici- 1 of the said Judge ding upon all the Title V.] aid to municipal drainage. Chap. 34 443 CHAPTER 34. An Vet respecting the investment of public money in debentures issued for the construction of Drainage Works by MunicipaUties. Short title, s. 1. Township undertaking drainage works may apply for sale of de- bentures, 8. 2. Commissioner of Public Works to report as to investment, ss. 3,4. Investment, ss. 5, 6. Debentures not to be questioned after investment made, s. 7. Past investments, s. 8. Remittance of amount payable on debentures to the Provincial Treasurer, s. 9. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. This Act may be cited as " The Ontario Municipal Drain- short Title. age Aid Act." 9 Any Township Municipality proposing to undertake works under the provisions of sections five hundred and twenty-nine to five hundred and fifty inclusive of " 77.. Municipal Act " may, after the expiration of the time limited for serving notice of intention to make application to quash the by-law deposit with the Commissioner of Public Works authenticated copies (if deemed necessary by the Commissioner), of the plans, specifications and estimates of the works, and a copy «* «ie by- kw ; and may apply for the sale of the debentures authorized thereby. 2 Such application shall be in writing, sealed with the seal And^^'fln- of the Municipality, and signed by the Reeve or other head t^. officer thereof, and shall be accompanied by two affidavits, one to be made by the said Reeve or other head officer in form or Z the effect set forth in Schedule A to this Act, and the other to be made by the Clerk of the Municipality in form oi to the effect set forth in Schedule Bt.) this Act; said affi- davits to be sworn before any Justice of the Peace 36 V. c. ^ 39, s.19; 37 V. c. 20. s. 6 ; 40 V. c. 7, So/ted. A (22). 3. The Commissioner of Public Works shall inve.stigate and Co^done^^ report to the Lieutenant-Governor in Council as to the pro- ^^.^s to pxlety of the investments proposed in «".f /PP^^^^^^^IfXC^^^^ '--'^--^ order of time in which they are deposited; and such lej^orte shall be disposed of by the lieutenant-Governor m Council in the order of time in which the same are made. 36 V . c. dU, s. -u. Townships un- dertakiag works under Rev. Stat. c. 174, ss. 529-550. may dei)08lt with (Jommis- giouer of Public Works copies of plans, Ao. fur ■sai jW Hu i mit.iiM'i'g faM i'-' ' ''"^'^ 444 Chap. 34. PUBLIC DEPARTMENTS, REVENUE, &C. [TiTLE V. When the 4. The Commissioner of Public Works shall not certify to sh^Uot re"*" *'^® propriety of the investment in any case in which the ag- itoTt propriety gregate amount of the rates necessary for the payment of the of invcHtment. current annual expenses of the Municipality and the interest and principal of the debts contiucted by the Municipality exceed the aggregate value of three cents in the dollar on the wliole value of the rateable property within its jurisdiction, or in any case in which the debentures to be issued unde: the by- law exceed thirty thousand dollars ; and the amount invested under this Act in the purcha.se of debentures of any Muni- cipality shall not at any one time exceed twenty thousand dollars. 36 V. c. 39, s. 24 ; 40 V. c. 8, s. 09. Purchase out of Con. Rev. Fund of de- bentures. tl. The Lieutenant-Governor in Council may from time to time in his discretion invest any surplus of the Consolidated Revenue Fund, not exceeding in the whole at any one time the sum of two hundred thousand dollars, in the purchase of any debentures issued under by-laws so deposited as aforesaid, in respect of which the Conmiissioner of Public Works certities to the propriety of the investment. 36 V. c. 39, s. 21. Lieut. -Gover- 6. On any such investment the Lieutenant-Governor may, nor in Council [j^ jjjg discretion, advance the whole par value of debentures, or pw^vnlue of may retain such per centage thereof as he may see fit until the debentures. Commissioner of Public Works has reported that the works have been inspected and are completed ; and any expenses in connection with the investigation and inspection made under this Act shall be deducted from the amount (if any) retained. 36 V. c. 39, 8. 22 ; 37 V. c. 20, s. 5. When deben- 7. After any such investment has been made, the debentures tbnable^'***" ^^^^^ ^^^ ^® questioned, and shall be deemed to be valid to all intents and purposes. 36 V. c. 39, s. 23. Investment in 8. Any investment heretofore made, or which may be here- S^nt^res^ by ^^^^^ made, by the Lieutenant-Governor in Council in the pur- Lt.-Govemor chase of debentures issued under any municipal by-law for the ^"adrvaUd constioiction of Drainage Works, passed under the authority of the Municipal Law of Ontario, shall stand upon the same foot- ing and be as valid and effectual as if such by-law had been 36 V c 39(0) passed under the authority of" The Municipal Drainage Aid Act," passed in 1873. 37 V. c. 20, s. 4. Amount pay- able under oy- law to be remitted to Provincial Treasurer. Consequences of neglect. 9. The amount payable in any year under any such by-law or debentures for principal and interest shall be remitted by the Treasurer of the Municipality to the Treasurer of the Province, within the space of one month after the same has become exigible.togetherwith interest at the rateof seven per centum per annum, during the time of default in payment ; and in case of the continuance of such default, the Council of the Municipality shall in the next ensuing yearassess andlevyon the whole rateable pro- perty within its jurisdiction, in the same manner in which taxes :, &c. [Title V. all not certify to in which the ag- 3 payment of the and the interest the Municipality the dollar on the ita jurisdiction, or ued unde: the by- ) amount invested ares of any Muni- twenty thousand nay from time to the Consolidated t any one time the ! purchase of any ed as aforesaid, in Works certifies to I, s. 21. ,nt-Govemor may, e of debentures, or ay see fit until the i that the works I any expenses in ction made under (if any) retained. tde, the debentures to be valid to all :iich may be here- ^ouncil in the pur- ipal by-law for the er the authority of pon the same foot- by-law had been pat Drainage Aid )T any such by-law be remitted by the er of the Province, same has become ven per centum per ; and in case of the ! Municipality shall whole rateable pro- ner in which taxes Title V.] AID TO MUNICIPAL DRAINAGE. Chap. 34. 446 lire levied for the general purposes of the Municipality, a suffi- cient sum to enable the Treasurer of the Municipality, over and above the other valid debts of the Corporation falling due within the year, to pay over to the Treasurer of the Province the amount in arrear, together wit^i interest thereon at the rate of seven per centum per annum, during the time of default in paymtvnt, whe- ther the same has been previously recovered from the par- ties or lands chargeable under the by-la>v with the same or not; and the amount so in arrear and interest shall be the first charge upon all the funds of the Municipality, for whatever purpose, or, under whatever by-law they may have been raised. •2 No Treasurer or other officer of the Munieipality shall in.t^;,.aud^ after such default, pay any sum wnatsoever except *'«• tne ,,„„ici,,Hl ordinary current .lislmrsements. and salaries of elei-ks and other 1--- ,^ employees of such Municipality, out of any funds oi the Munici- pality" in his hands, until the amount so in arrear and interest have' been paid to the Treasurer of the Province. 3 If anv Huch Treasurer or municipal officer pays any sum Lial.ility of out" of the funds of his Municipality, except .us aforesaid, Reev--^ contrary to the provision hereinbefore made, m addition to any cnminal liability which he may thereby 'ncur, he shall be persblica- tion) in the (insert iMme of newspaper), a newspaper published at in the Township of ('/ publisked in another Municipality, add : beinj^ the nearest Municipality to the said Town- ship of in which a newspaper is published, there being no newspaper published in the said Township of ) a copy of which newspaper containing the said by-law and notice is now shown to me and marked " B." 3. 1 have not been served with any notice of intention to make appli- cation to quash said by-law, nor with any notice of intention to make application to quash any part thereof, nor with any notice to that or the like effect. 4. To the best cf my knowledge, information and belief, no person assessed by the said by-law paid the amount of his assessment less the interest, or any part thereof, at any time before the actual issue of thfr Debentures thereunder, which were issued on the day of in the year of our Lord 5. The amount of the rates assessed as set forth in said by-law have not been altered by the Court of Revision for the said Township of nor by the County Judge, nor has the said by-law been repealed or amended by the said Council of the said Township of but the said by-law is to all intents and purposes the same, and as valid and subsisting as it was when finally passed on the said day of ™ tl>c y®*"^ *>* ""^ Lord 6. The copies of the specifications and estimates for the said drainage now shown to me and marked are true and authentic copies of the specifications and estimates made by for the said drainage, as mentioned in the said by-law. Sworn, &c. iiieen served with ; part of laid by-1 AtlTY. of ierk of the Township in the year the Municipal passed a by-law in id Township, a true intending to apply to ust, within ten days upon the Reeve or ipality, of his iuten- er Majesty's Superior ifter the final passing of holding the Court Insert dates of pitblica- published at (if publisked in ility to the said Town- is published, there of ) aw and notice is now mtion to make appli- of intention to mak& notice to that or the ,nd belief, no person s assessment less the le actual issue of th& day of said by-law have not jwnship of aw been repealed or )f le same, and as valid said 1 fur the said drainage are true and made by iw. Title VI.] ADMINISTRATION OF JUSTICE. Chap. 84. 447 2. Expenses of Administration of Justice, CHAPTER 84. An Act respecting the Fees of Counsel and other Offi- cers in the Administration of Justice. Fees of Counsel and Attorneys, s. 1. Fees of Sheriffs and Coroners, Clerks of the Peace, Constables and Cners, ss. 2, 3. Mode of lovynig, s. 4. Fees for other services, s. 6. Penalties for taking unauthorized fees, ss. 6, 7. Fees of Gaol Surgeons, s. 8. The Superior Courts of Tiaw to frame tariff of fees to be allowed to Counsel, &c., in criminal and Exchequer cases. HER M UESTY, by and with the advioe and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1 When not otherwise provideej«'' dctriV^ h proiHjr voucher., to the ..li.faotion of the Bo*nl of where, or for othe not provided for in account in dcL — , -^ • ,• „ , Audit, and to be by the Board aUowed 32 V. 0. 11 Scketlule. For »ervirf» (»» the County Juilge'it Criminal Court. 27. NotiHoation to Judge, and t.ringing «i. prUoner. under Judgo'. w-.-rant, including ^^ Attomlanco at Court-in all for each pruonor allotmlfor Ukt x-wke^ In oilier ra»e^ under th» Act. ^^ ^ ^ ^^^ ^ ^ For Service* in ro„neelion with offenders sentenced, or linbU to be removed, or'senteneed to the Centred /'» '«<»"• ^"tvV»rr""«n«5i;.>lSheri(T and Coroners revised lists of Constablos, whenever ordered to be done by the Juatices in General Sessions I 00 12. Reailing any Statute or public Proclamation when required to lie done by law . 25 13, Copies of Dopositionfi or Examinations furnished to Prisoners, Defendants, or their Counsel, when required, (to be paid out of the Couiify/undu, or hy the party tipplyinij, accordiiiij to the nature of the case,) per folio of 100 words 05 14. Receiving, tiling and reailing each Presentment of tiie Grand Jury.. 50 50 15. For copy thereof forwarded to the Government, or to the County Council, when directed by the General Sessions 16. Arraigning each Prisoner or Defendant indicted, (to be jxjid ottt of the County funds, oroy tiie party a/tplyinij, aa the case may be) 17. Empannelling and swearing the Jury in every case, whether criminal or otherwise, where by law a trial by Jury is to be had at the General Sessions, ^nd where no fee is tlxed by statute, (to be paid out of the County funds, or by the party, as the case may be). 50 60 18. Swearing each AVitness upon any trial by a Jury, or to go before the Grand Jury, (to be paid out of tha County funds, or by the party, as the case may be) 2(1 19. Filing each Exhibit on a trial, (to be paid out of the County fumls, or by the party, as the case may be) 08 20. Every Subpcena Ticket, or copy of Subpoena, when necessary, (to be paitl out qf the County funds, or by the party applying, as the case may be) 20 21. Charging the Jury with the Prisoner or Defendant, u{>on each indictment, (to be paid out nf the County funds, or by the party, as the case maybe) 1 00 22. Receiving and recording each Verdict of a Petit Jury, in any case of trial by Jury, (to be paid out of the County funds, or by the party, as the case may be) 50 23. Recording each Judgment or Sentence of the Court upon a Verdict or Confession, (to be paid out of the County funds, or by the party, aa the case maybe) 50 24. Making out and delivering to the Sheriff a Calendar of the Sentences at each Court 1 00 25. Certified copy of Sentences sent with the Prisoners to the Penitentiary or Reforma- tory, after each Session 50 26. Making up Record of Conviction or Acquittal, in any case where it may be neces- sary, (to be paid out of the County funds, or by the party applying, as the rase may 5e,) per folio of one hundred words 10" mmmm •1 00 60 ai 28 SO 25 452 Chap. 84. fees of counsel and officers. [Title VI. 27. Every Coi.y or Extract of a record or Paper of any kind, required to be made by Law, or by order of the Justices in Sessions, or for the information and use of the Government, when required, and where no charge is fixed by law— if the same is less than 10 folios of one hundred words each, {to be paid out qf the County funds m- by theparty applying, as the case may be) 28. If above 10 folios, then for each folio, {do. do. ) 29. Discharging any Prisoner by Proclamation 30 Drawing Bill of Costs, including taxation and filing the same where necesanry to be made and filed, as in cases of assault, nuisances or the like, and in Appeata, {to be paid by the party) 31 Drawing out and taking each Recognizance to appear, either of Prosecutor, De- fendant or Witness, (to be paid out qf the County funds or by the party, a* the casemaybe) 32 Galling parties on their Recognizance, and recording their non-appearanoe, for each person called, (onJy to be charged where the parties do not answer, and to be paid mtofthe County funds or by theparty, as the ease may be) ^... 33. Drawing order of the Sessions or Judge to estreat and put in process, (on th- whole list) 34 Entering any order of Sessions, or of the Judge who presided at the Sessions, to remit any Estreat, and recording an entry of the same, {to be paid out of the County funds or by the party relieved, as maybe ordered) 36 Entering and extracting upon a Roll in duplicate, the fines, issues, amerciaments, and forfeited Recognizances, recorded in each Session, making oath to the same, and transmitting to the Sheriff * 0® 36. Making out and delivering to the Sheriff the writ of^m/ociew and copitMtliereon. fiO 37. Making out and certifying copy of Roll and return of the Sheriff, and transmitting it to the Provincial Treasurer. [See Bev. Stat. c. 88, 8. 16) lOT 38. Making up Book of Orders of Sessions, declaring the limits of the Division Courts, and entering the times and places of holding the Courts 1 00 39. Making out and transmitting a copy thereof to the Government 1 00 40. Making out and transmitting copies (with letter) to the Clerk of each Division Court, of the Divisions made by the General Sessions 1 00 41. Drawing Ordei-s of Sessions for altering the limits of Division Courte 1 00 42. Making out and transmitting copies of such Orders to the Government 43. Making out and transmitting copies of such Orders to each Division Court affected by. the alteration 44. For each copy of Schedule of the Division Courts, with the Order of Sessions, for publici.tion 45. For very Search under three years, (to be. paid by the party making tU seareli). 46. For the same, extending over three years, (do do do ). 47. For every Certificate required of proof of a Deed, {to be paid by the party applying for the same) • 48 For every other Certificate required by Law, or by Order of the Sessions, to be ffiven where the same is under five folios, (to be paui out of the County funds, or by theparty applying for the same, according to the ncUure of the case)... SO GO 60 ao 60 -49. For the same, if more than five folios, per folio ( do do 1 00 60 19 ift;!j W fcB*j C »a ' ^' -' ' IS. [Title Vl- i to b« made by ation and use of d by law — if the tepaid out of the ...„ .:. 91 00 do. . ) 1» 60 lere necees'vry to , and in Appeala, :.. so ' Prosecutor, De- the jHirty, as the Em pearanoe, for each '.r, and to be paid I... SS procesE, (on th"" SO at the SeasionB, [to be paid out of 25 », amerciaments, oath to the same, 2 00 id capias tliereon. SO and transmitting 1 flO ) Divigion Conrts, 1 00 1 00 of each Division 1 00 •urts 100 ■nment 50 ion Court affected SO it of Sessions, for 60 wMng tlie search). 20 do ). 60 the party applying 1 00 bhe Sessions, to be ie County funds, or 'ike case)... 60 do ). lO Title VI.] administration of justice. Chap. 84. 45S 90. Gopyiig Orders of Court, and causing same to be published, where it is requisite, for tach Order, exclusive of the expense of publioatioa 9 60 61. Receiving and filing affidavit of Baslardy, (su Rev. Stat. c. 131, «. 3) (to be paid by the party producing it) 52. lleceiving and filing each tender for any Public work, or supply, or printing, or other service 25 25 5S. Making out a list of the several tenders on each occasion, as they are opened, specifying the names, prices, and other particulars, and filing the same, when required to be done by the Justices ^ 54. Drawing bonds or agreements for \he delivery of articles, or for doing the work for the Gaol or other County purposes, iad attending execution, when required by the Justices ^ *''' 55. Receiving and filing accounts and demands, preferred against the County, number- ing them, and submitting them for audit, and making out the cheques 4 00 56. Making out and delivering lists of orders on the Treasurer, made at each audit. ... 2 OO 57. Making out and transmitting to the Provincial Treasurer, a Return or Schedule of all Convictions, (see Rev. Stat. c. 76, s. 7), which have taken place before any Justice or Justices, or before the Court, each list 1 Ov 58. Making out the annual account to be laid before th^ Grand Jury at the General Sessions (see Rev. Stat. c. 179), of the sum necessary to be provided for mam- tenance of insane persons ^ "'' 59. For every report or return required by Statute, or by the Government, whore no remuneration has been provided by this Table or by Statute 1 OO «0. Making out and transmitting a return to the Government of Justices and Coroners ^ who have taken the Oaths, when required to be done, for each return 1 00 61. Drawing every special Order of the Court of General Sessions, necessary to bo com- municated to any party, and entering it on Record «2. Letter, and transmitting or delivering to the party interested or affected thereby. 6.3. Swearing each party to an Affidavit, where no charge is elsewhere provided for it, (to be paid out of the County funds, or by the party for wliom thf Affidavit ts sworn, according to the nature of the case) 20 64. Causing notice to be published of any special or adjourned Sessions, when directed by the Chairman of the General dessions, or other two Justices, i,o to do ; excm- si ve of the amount paid the printer for publication 1 00 65. Sending notice of any such Session to the Justices individually, when it is directed by the Chairman, or otiier two Justices — for each notice 66. Attending each adjourned or special Sessions, and making up record thereof 2 60 67. Receiving and filing Notices of Appeal, and the Appeal from any judgment or con- viction by one or more Justices, where aa Appeal to the General Sessions is given by Law, (to be paid out of the County funds, or by the party appealing, as tht case may be) 68. When the appeal called on, reading the Conviction, Notice of Appeal, and Recog- nizance, (to be paid out of the County funds, or by the party appealing, as the case may be) 69. For all other Services upon the Trial of such Appeal case, when tried by u jury, including the receiving and recording the Verdict (to be paid out of the Canity funds, or by the party, as the case may be) We sam* charges a< in ordinary criminal trials. 50 26 10 25 M) ._«J 454 Chap. 84. fees of counsel and officers. [Title VI. 70. IsBuing Proceis to enforce the order of the Court in an Appeal case, (to he paid out o/tlie County JuiuU, or by the party, as tli£ cane may be) •> "" 7L Making out Warrant of Distress or Commitment, .in any case where no fee « specially assigned therefor inany Statute, orm this Table • "" 72. Drawing certificate of approval by the Justices in Sessions, of sureties tendered by the Siieriff, (to be paU by lite Sheriff) °" 73. Administering Oaths to any Public Officer, when authorized so to do, (to be paid ^ by the officer) 74. Receiving and filing each Oath of Qualification of a Justice of the Peace 25 75. For every Letter written to the Government, every Letter written by direction of the Chairman, or of the Justices in Sessions, or Board of Audit, to Justices, Coroners, or Constables, or others, upon special business connected with the Administration of Justice, or County purposes ^ 76 For distributing the Statutes to the Justices and County Officers, or others when directed by Statute or the Government so to do, and taking receipts therefor from each Justice or Ofllcer 77 For accounting to the County Member for the copies of Statutes not called for by ■ the Justices and County Officers, and delivering the saine to hira, wherever such duty is required by Statute, or by the Government and no other fee allowed... \ W 78 For procuring and supplying to Clergymen and Ministers all Books and Forms re- quired umler Rev. Stat c. 124, s. 17, for each Book wt,h the necessary set of ^ Forms -^ 79. For receiving and filing Voters' Lists under Rev. Stat. c. 9, ss. 11 &12, each list 26 80 For filine each List, Return, or other paper, where no charge is specially Provided for except accounts and claims against the County, and papers connected with matters to be charge.l a^-aiust private individuals, (to be paid out oj the tounty ftiiuh, or by the party for whom tite service w rendered, according to the nature qf tlte caise) For sei-v'res in County Judge's Criminal Court. 81. Attending and service in Court, and making a,U necessary entries for each prisoner brought before the J udge, and not consenting to be tried— m all 82. For attendance in Court, and services rendered at trial, lUiikin'^ necessary record of proceedings and all necessary entries, mcluding calendar of conviction for each prisoner 83. Preparing Judge's warrant to brmg up the body of prisoner, and delivering the satiie to Sheriff —for each pri oner 84. iBBui'ig Writ of Summons to witness when necessary 85. C!opy of Summons, each 86. Warrant of remand, when issued and delivered to Sherifl ^7. For warrant to arrest, taking and estreating recognizances and proceedings to enforce same, tlie same feet as allowed for Itke ser Dices at the UenmU Sessions of the Pecux. 32 V. 0. 11, B. 2; 33 V. c. IQ.Sehed.; Rtg. Oen. Trin. Term, 1862. SO 2 00 60 40 20 ^i ii iHi iiwuiiii .. ' in 1 1111 1 r i ir"-'T ' «"*""^--p »-*-^ s. [Title VI. . {to he iMtd out .: 91 00 rhere no fee is I 00 lies tendered by 60 do, (to be paid 26 'eace 26 ten by direction idit, to Justices, nected with the 26 or others, when receipts therefor 10 not called for by a, wherever such er fee allowed... 1 00 18 and Forms re- necessary set of 26 : 12, each list 26 pecially provided s connected with out oj the County Una to tlie nature .. 08 I for each prisoner all 60 ^ necessary record conviction for each 2 00 md delivering the 80 40 20 60 ind proceedings to ices at the General . Term, 1862. Title VI.] administration of justice. Chap. 84. 465 'cONSTABLKS. 1. Arrestofeach individual upon a warrant, («o le paid out of the County funds, or by ^^ ^ the party, as Uie case may be) 2. Serving eununons or 8ubp«na. (to be paUl out of the County fun^ls, or by the party, ^^ an the case may be) 3 Mileage to serve summons, subpcena or warrant, (to be paUl outofthe County fuMs, or by the party, as th£ case may be) 4. Do. when service cannot be effected, upon proof of due diligence, (do. do.) 5. Do. taking prisoner to gaol, exclusive of disbursements necessarily expended in his conveyance more than four hours 7. Do when engaged more than four hours 8. Attending Assizes or Sessions each day 10 10 10 1 50 1 50 before Justices, (when public 11 Attending each adjourmnent thereof, if not engaged more than four hours 1 00 , ^ 1 50 12. Do. if engaged more than four hours 13. Serving summons or BubpcBua to attend before Coroner, (subject to No. 10) ^ 25 14. Mileage serving same , ^ 2 00 15 Exhuming body under Coroner's warrant 2 00 10. Reburying same 17 Serving distress warrant, and returning same 1 00 18. Advertising under distress warrant 19. Travelling to make distress, or to search for goods to make bistres*, when no ^^ efound • two cents in (lie gooils are found. ^C. Appraisements, whether by one Appraiser or more dollaron tlie value of the goods • 21 Ctalogue sale and commission, and delivery of goods .five '^'>^-^ ' doliron thenet produce of the goods 1 50 22. Executing search warrant 23. Serving notices on constables, when personally served 37 V. 0. 7, 8. 73 ; Order in Council 24 July, 1874. CBIEB8. ■•■ ^'•^^^^^^^.^.z^^^:^!^^^^^^^'^^^^ » » f?wp«?iait:"* ' ■ ■' "*' " 456 Chap. 85. expenditure of county funds. [Title VI 2. Making everj- other proclamatiun t 20' 3. Calling and swearing Grand Jury 60 4. Calling and swearing every Petit Jury •■•'• W' 6. Calling and swearing every Witness or Constable 10 i}. Attending Assizes and General Sessions, per diem 1 00 Reij. Gen. Mich. Term, 15 Nov. 1845. CHAPTER 85. An Act respecting the Funds in certain cases. Expenditure of County Fees under Rev. Stat. c. 84, payable by Counties in the first instance, except where for services for the private benefit of individuals, a. 1. Costs of prosecutions for felony, s. 2,3. Costs of prosecutions for misde- meanors, s. 4. Board of Audit for auditing accounts against Counties, ss. 5-9. Order of payment of claims against Counties, s. 10. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — Fees payable 1. All fees payable under chapter eighty-four of The Revised ^Ice^tielTior Statutes of Ontario to the officers therein mentioned, on ser- ^TVKea for vices in the nature of a civil remedy, for individuals at whose for services connected with the Administration of Justice or County purposes, shall be paid, in the first instance, out of the County funds; and the Counties paying such fees shall be entitled to be reimbursed, out of the Consolidated Revenue Fund, the amount of such of said fees as are payable out of said • llev.Stat.:c.86. Fund under the provisions of The Act respecting the Expenses , of the Administration of Justice in Criminal Matters. C. S. U. C. c. 119, ss. 1, 3 & 10. In cases of SI. Where any person is prosecuted or tried for felony and be°^dTut of convicted or acquitted, or otherwise discharged, the costs of the the^County pro.secution, when not otherwise provided by law, shall be paid funds. out of the County funds. C. S. U. C. c. 119, s. 5. • "^^fi^^ffjiwaflsv^^ r?.'rrt!flBW''^S»e»«Mf«^r*^^^ J ;ure of County lecutions for miEde- 4. for auditing accounts ities, Bs. 6-9. ent of claims against 10. and consent of the of Ontario, enacts aurof The Revised mentioned, on ser- dividuals at whose ame are performed, Lcept'as herein or able to said officers tion of Justice or nstance, out of the mch fees shall be isolidated Revenue payable out of said '■ciing the Expenses uxl Matters. C. S. led for felony and [ed, the costs of the ' law, shall be paid , s. 5. • Title VI.] admikistration of justice. Chap. 85. 467 3 In case any person is charged with felony, every officer ]^^^^;y:^^, of the Court before which such person is tried, or ^ny pro- tobc paulf..« c eding had with regard to such charge, and -^.1»« renders any f-the^^,^^,^ official services in the matter of such charge or in the course o S trial, to the person so charged with felony b^"" .^e Puid his lawful fees for ill such services out of the County funds, in the same manner as other fees due and payable to them m respect of official services by them rendered *« t^« 9'-«7.^".*!fXs duct of public prosecutions, are paid at the time this Act takes ottect. and no such fees shall in any case be demanded of or be payable by the person charged with such felony, b. ». ^. c. . 99, s. 87. 4 In case any person is convicted before any Court of Gen- £y*^°^Xn eralSessions of any assault and battery. ^^ oth«r mi^^^^^^ f^r^de- such person shall pay such costs as may be ^•l«?^f j, ''"J ^'^^^^^ paid. by the Cou^t^ but in ca.«^ any defendant is acquitted, the costs of the prosecution, when not otherwise provided by law, shall be paid out of the County funds. C. S. U. C. c. 119, s. 4. 5 All accounts and demands preferred a,gainst the County. Ac^^^^t^^^^^^y the approving and auditing whereof before the mneteenth day of to be audited December. 1868. belonged to the Quarter Sessions, shall be by^^^^ audited and approved by the Board of Audit hereinafter men- tioned, of the County. 32 V. c. d, s. 9 (2) ; 33 V. c. 8, s. 1. 6. Such accounts and demands shall be delivered to the Accounts to Clerk of the Peace of the County on or before the farst days ot curkof Peace the months of January, April, July and October, in every year, quarterly. 32 V. c. 6, 8. 9 (3) ; 34 V. c. 29, s. 1. 1. Such of the said accounts and demands as have been How-dwheu so delivered, shall be audited by a Board of Audit, composed -^ of the Judge or Junior or a'■'■_ ■ •• -^;;.;v: __( , :;.;^ ■■■^,.:, ,«"■.:•■,.;■: -V'./ .;•. ;■>■■, ' 8. It shall be the duty of the Clerk of the Peace to convene gu^s^of^^ the Board of Audit on the direction of the Judge of the County peace at audit. Court, for the purpose of submitting to such Board the accounts lodged with him. to attend such audit, record the proceedings thereat and carry out the orders of the Board in respect of the rMHgrowwi an i lM—'mn -MWg'gww'' "^^Si^SefS&!iiS& ;sg«»aicg«=«w» i i W»Ji^ «« *»B»>'-»iiAM «» )-' Items disal lowed by Prov. Treas. may be de Doubtful items in ac- counta. 458 Chap. 85. expenditure of county funds. [Title VI. same, as formerly done by him at and after Session audits. 40 V. c. 8, s. 43. Orders or •• All Orders or cheques of the Board of Audit, except for the cheques given payment of Constables or services rendered during the sitting mith-St^"* of the Court of General Session, shall express the Act, if any, itaynient. under which the expenditure is authorized. C. S. U. C. c. 121, 8. 3, last part. 10. The Treasurer of the County shall furnish the Board of Autlit with a copy of the items disallowed by the Provincial , Treasurer in the criminal justice ace unts of the previous ducted from quarter, and the Board shall have power, in their discretion, to next accounts. ^^^^^^^ ^^^^ amounts SO disallowed from the next, or any ac- counts of the same officers submitted for audit. 40 V. c. 8, 8. 45 (1). 11. The said Board shall also have power to direct the Trea- surer to defer payment of any accounts, or any items in any of the said accounts, connected with criminal justice, payable out of the Consolidated Revenue Fund of the Province, of which they may have doubt either as to the liability of the Province or the correctness of the amount charged, until the decision of the Provincial Treasurer as to the correctness or allowance of the said items, has been notified to the County Treasurer. 40 V. c. 8 s. 45 (2). 13. The Treasurer of every County shall, without further authority, pay the amount of the fees which are payable out of County funds, when duly allowed by the Board of Audit, in the following drder, and in preference to all other charges unless otherwise provided by law — that is to say, after the ex- penses of levying and collecting and managing the rates and taxes imposed in the County are paid : Firstly, all sums of money payable to the Sheriff, Coroner, Gaoler, Surgeon of the County Gaol, or to any other oflScer or person, for the support, care or safe keeping of the prisoners in the County Gaol, or for the repairing and maintaining of the Court House or Gaol : v Secondly, the accounts of Public Officers and Officers of the Court of General Sessions : Thirdly, all sums of money payabh for any other purple whatever connected with the AdmirJ tration of Justice within the County : Fourthly all other sums of money allowed by the Board of Audit in the order in which the same were allowed. C. S. U. C. c. 119, 8.7; C.S.U. Co. 121,8.4. .< . . County Trea- surer's duty. Order of pay- ment of accounts. !r>^Tgw e r ' ^-.'■' ■■s'l.v W»'*i i u.*u8"-W -.'- i. [Title VI. r Session audits. Title VI.] ADMINISTRATION OF JUSTICE. Chap. 86. 459 dit, except for the luring the sitting IS the Act, if any, C. S. U. C.C.121, nish the Board of by the Provincial of the previous heir discretion, to i next, or any ac- udit. 40 V. c. 8, direct the Trea- any items in any 1 justice, payable the Province, of lie liability of the liarged, until the he correctness or d to the County 1, without further are payable out of Board of Audit, all other charges say, after the cx- ing the rates and e Sheriff, Coroner, ,ny other oflBcer or of the prisoners in laintaining of the nd Officers of the my other purpose of Justice within i by the Board of tUowed. C. S. U. CHAPTER 86. An Act respecting the Expenses of the Administration of Justice in Criminal Matters. Oertain fees and expenses iu tlie Administration of Criminal Justice payable out of tlie Con. R«v. Fund, s. 1. Auditing of Administration of Justice accounts, s. 2. HEB, MAJESTY, by and with the advice and consent of the Legislative Aiisembly of the Province of Ontario, enacts as follows : I. Such of the expenses of the Administration of Criminal How^xpen8«« Justice in this Province as are mentioned in the Schedule to tice payable, this Act shall be paid out of the Consolidated Revenue Fund of the Province. 0. S. U. C. c. 120, ss. 1 & 3 ; 8e« also 32 V. c. 10; 33 V. ell. a. All accounts of or relative to the sjiid expenses shall be ^^J^^|^|;^5h examined, audited, vouched, and approved under such regula- ^^nner'as the tions as the Lieutenant-Governor in Council, from time to time, l'>«'»*-^^^ •directs and appoints. C. S. U. C. c. 120, s. 2. Appoints. SCHEDULE. SHERIFF. 1. Attending the Assizes— (-Se« Tariff Hev. Stat. c. 84, Schedule, item 1). 2. Attending the General Sessions— (rari/, item 2). 3. Summoning racii Grand Jury for the Assizes or General Sessions — i{Tari_[f, item 3). 4. Kiimmoniug each Petit Jury for the Assizes or General Sewions— ■{Tunff, item 4). • 6. Fur every Prisoner discharged from Gaol, having been committed by Wanant for trial at the Assizes or General Sessions— (Tari/, item 6). 6. Bringing up each Prisoner for arraignment, trial and sentence^ whether convicted or acquitted— (faj-i^, item 6). .^ Si^^i»r-iic •:-riiagiib^^*i*F^»a^ . .:ssu,«.. 460 Chap. 86. EXPENSES of administration of justice. [Title VL 7. Drawing Oalendar of Priaonen for trial at the Auizea, including copies — {Tariff, item 7). 8. Drawing Calendar of Priaonen for trial at the General Seaaiona, in- eluding copiea — {Tariff, item 13.) 9. Advertising the holding of the Aasizea or General Seaaiona — {Tarifff Uem» 8 & 9). 10. Every Annual or General R«tum, required by law, or by the Go- Temment, respecting the Gaol or the Prisoners therein — {Tariff, item 10). 11. Every other Return made to the Government or to the Seaaiona, required by statute or by order of the Court— (Tarijf, items 11 & 12). 12. Returning Precept to the Assizes or General Sessions— (rari^, item 14). 13. Conveying Prisoners to the Penitentiary or Reformatory, or to another County, and disbursements — {Tariff, item 15). 14. Arrest of each individual upon a Warrant, {if payable by the Crown)— {Tariff, item 16). 15. Serving Subpoena upon each person, {if payable by the Crown)-— (Tariff, item 17). ' 16. Travelling in going to execute Warrant or serve Subpoena, and ir» returning with Prisoner, {if payable by the Crown)— {Tariff, item 18). 17. Conveying Prisoners on Attachment, Judge's order or Habeas Corpus, to another County, and disbursements, {if payable by the Croion) — (Tariff, item 19). 18. Making return upon Attachment or Writ of Habeas Corpus, {if payable by the Crown) — (Tariff, item 20). 19. Levying Fines or Issues on Recognizances eatreated, and mileage — (Tariff, item 21). 20. Disbursements in carryin;| into execution the sentence of the Court in capital cases — {Tariff, item 22). 21. Attending and superintending the Execution in such cases— (Tarijf, Uem 23). 22. Summoning each Constable to attend the Assizes or General Soa- uioua- {Tariff, item 24). 23. Keeping a Record of Jurors who have served at each Court — {Tariff, item 25). 24. All disbui-sements actually and necessarily made in guarding Pri- aoners, or in their conveyance to the Penitentiary or Reform^torjr, or to any other County or District or elsewhere, or for other purposes in the dis- « charge of the duties of his office (when not otherwise provided for), to hO" :. Allowed by the Board of Audit— (jTari^, item 26). ,'- \ ,,r .- v. .- >v.«i;^- ?.• 0. S. U. 0. 0. 120, Sched. ' j |- " - t K ^^-i-if'ivii'- i rt i r-"-' ■'"^■■•'-' mcE. [Title VL 9 Auizea, including eneral Seuiona, in- il Sessions— (Tari/f, law, or by the Go- \—{Tu.nff, item 10). ; or to the Sessions, items 11 & 12). 1 Sessions— (rari^. Reformatory, or to {if payable by the ble by the Croum)— re Subpoena, and in Tariff, item 18). 'a order or Habec» loife by the Oroion) — Habeas Corpru, {if lated, and mileage — entence of the Oouit 1 such cases — {Tari^, ^es or General Sos- each Court — {Tariff, Title VI.] administiution of justice. Chap. 86. F&r tervicet in the County Judge's Criminal Cuurt. 25, Notification to Judge and bringing up prisoner under Judge's war- rant, including attendance in Court— (Tari^, item 27). 2(5. Bringing up prisoner for arraignment on trial and for sentenoa including attendances at Court— (rari^, item 28). U7. Serving subpoenas, arrest under warrant, travel to serve or excOTt* process, and conveying prisoners to Penitentiary or Reformatory, {where payable by the Crovm)-{Tariff, item, 29. ) ^ 461 JFor services in connectUm vnth offenders sentenced, or liahk to be removed or sentenced to the Central Prison. 28 MakiuB apeciivl return of prisoners sentenced to Central Prison, and of .ich i)vi»<>miB eligible for removal to Central Prison, as the Inspector maj direct— (rari/, item 30). 29, Certified copy of sentence— (Tari^, item 31). 30. Takins prisoner to railway station, to be delivered to Central IMsoii Bniliflf, in addition to other necessary expenses incurred in such duty- {Tariff, item 32). ^ ^ ^ ^ OORONEB. 1. Precept to summon Jury— (Tari/, item 1). 2. Bmpannelling a Jmy— {Tariff, item 2). 3. i-ummons for Witness— (ITari/, item 3). 4 Information or Examination of each Witness— (Tari^, item 4^ 5. Taking every Recognizance— (TariJ, item 5). 6. Necessary travel to take an Inquest— (Tari/, item 6). 7. Taking Inquisition and making Return— {rarijf, item7). S. Every Warrant— (Tari/, item 8). ^ . .de in guarding Pri- ef orm^tory, or to any purposes in the dis- > provided for), to b» , 120, Sched. < y , . CLESK OF THE PEACE. 1. Drawing precept to summon t^e Grand and Petit JuiT,at^ JiiHtices to 8i^ same and transmitting to the ShenflM&e Tar%ff m . the iSchecki to Bev, iSto*., c. 84, item 1). mfwsssmmm '' mtxibllMe Hftaj^''4w a w WMW i ^^W- ''i i MJ ^'u "--'*^ * Vi(n-tlr*!i^.*''.^'i¥i- ^mmuitale Ini the Growth)— (Tariff, item 5). 6. iMuing Bench vniTvant~{Tariff, item 6). . 7. Every Recognizance of the Peace for good behaviour— (rarijf, item 7). 8. Fumishins to Sheriff and Conmors revised lists of constables, when- ever ordered to be done by the Justices in General Hoaiiona— {Tariff item 11). ' 9. Copies of Depositions or Examinations furnished to Prisoners, De- fendiints, or their Counsel, when required by the party or his Counsel, (if payable by the (h'oim)—(Tarff, item 13/ 10. Receiving and filing ench Presentment of the Grand Jury— Tariff, item 14). 11. Arraigning each Prisoner or Defendant indicted, and recording Plea, (if payable by the Cioimi)- {Tariff', item 16). 12. Empannelling and swearing the Jury in every case, whether criminal or i-therwise, where by law a trial by Jury is to be had at the General Sessions, and when no, fee is fixed by statute, (if payable by the Crowa)— (Tariff; item 17). 13. Swearing each Witness upon any trial by a Jury, or to go before the Grand Jury, (if payable by the Vrotvu)— {Tariff, item 18). 14. Filing each Exhibit upon a trial, {if payable by the Crou-n)— (Tariff, item 19). 15. Charging the Jury with the Prisoner or Defendant, upon each in- dictment, {if payable by the Vrowu)— (Tariff, item 21). 16. Receiving and Recording each verdict of a Petit Jury, in any case of trial by Jury, {if payable by the Crown)— (Tariff, item 22). 17. Recording each Judgment or Sentence of the Court, upon a verdict or confession, (if payable by t/w Croimi)— (Tariff, Hem 23). 18. Making out and delivering to the Sheriff a Calendar of the Sen- tences at eacii dwrt— (Tariff', item 24). 19. Certified Copy of Sentences sent with the Prisoners to the Peni- tentiary, or Reformatory after each SeF8ion—( Tori/, item 25). 20. Making up Record of Conviction or Acquittal, in any case where neoeaaa,ry, (if pamble by the Crmmi)—(T(iriff, item 26). ' , 21. riscbfrging any Prisoner by proclamation— (Tail/, ina—{Tunff led to Prisoners, De- wty or his Counsal, Grand Jury— Tariff, oted, and recording ase, whether criminal had at the General yable by ths Crown) — ry, or to go before the 18). y the Crown)— {Tariff, ndftut, upon each in- ». itit Jury, in any case tern 22). 3ourt, upon a verdict 11 23). Calendar of the Sen- risoners to the Peni- ', t«!/«We hy the c'roMnO-C /*<•"/. item 31). 23. Calling partie. on their Recognizance and recording their non- appearance, W Payable by the Vro,m)-{Tantf, Uem 32). 24 Makina out lists of forfeited llowgnizanceH and Finos to subfnit to the presS Judge after each Session in .>rder that they may be estreated. — ('All i/, item 0). 25 Entering any Order of Sessions or of the Countv Judge to remit an estrttand n,cordi..gan entry of the sau.e, (./ />'.y«Ji« by the Crowu)- {Tariff, item 34). 20. Drawing Order of the Judge to estreat and put in process- (Tariff, item '3;i). 27 Entering and extracting upon a roll, in duplicate, the Fiii, , Issues, AuLlmerand forfoh .l' Recognizances, recorded ■.. each ...st-.n, making oath to the Hame, and transmitting it to the Sl,mff-U«"i^. jff»»i -ia). 28. Making out and delivering to the Sheriff the Writ of >teri/..ci<«. a;.d capias thereon— (rrtW/, item 30). 29. Making out and certifying copy of R-U and Return of Sheriff, and transmitting it to Provincial Tr..a»urer-(7... ,,(/, item dl). •W) Making up Books of Or -rs of Sessions, declaring the limits of the Di^;i.m CoK al^id entenu^ the times and places of holding the Courts- {Tariff, item 38). 31. Making out and transmitting a copy thereof to the Government- {Tariff, item 39). S2 Making out and transmitting copies (with letter) to the Clerk of each Division Court, of the Divisions made by the General Sessions- {Tariff, item 40). 33. Drawing Orders of Session for altering the limits of Division Courts— (2'ttri/, item 41). 34. Making out and transmitting copies of such Orders to the Govern- ment— ('jfnnl; item 42). 36 Making out and transmitting copies of such Orders to each Division Court affected by the alteration -{Tanff, item 43). 30 For each Copy of Schedule of Division Courts, with the Order of Sessions for publication— (rari/, ifem 44). 37. Swearing each wty to an Affidavit when "O charge is elsewhere provided for it, {ifpayMe by the Grown)-{Tanff, item 63). C. S. W. C. c. 120, Sched. 463 ■iiiiiintiix m'um M-LSdllL>llll»W«Wl**MI' 404 Chap. 86. expenses of aov ' ^tration of justice, [Title VI A^idfor Mrvieu in C-unty Jiuigt't Criminal Court. 38. Attendinu and Mrvloo in Court, and making all neoewary entriea f.ire:»oh prisoner hi- .i<'{ht before the Judge, and not conMntmg to be tnod— (Tariff, Hem &l). 39 For uttondance in Court, and services rendered at trial, nicking necessary record of prooeedinfjs and all necessary entries, moludi-vi oal- eti'lar of conviction for each prisoner— {Tftri/ir, item 82). ^ 40. Preparing Judg. 's warrant to bring up the body of prisoner, and delivering the same to Sheriff— (Tori/, item 83.) 41. Issuing Writ oi Summons to witness.— (T«n/, i«rili~(^"'"'/t ng recognizano'<8 and 33 V, 0. 10. payable by the Crown) — y tlie Crowii)— (Tariff, tern 3). nt when the Bervice has atisfied that due dili- item 4). 8). on the examination of J&7). s necessarily expended ame — {Tariff, item 10). he first— (Tarijf, items jfoi-e Coroner— (Tartjf, i am iiMiipi 1^- ' ■^ ^ ."^ '^i^l'^ T T ' IMAGE EVALUATION TEST TARGET (MT-3) ,.»/wirf\«^;'r!©?;v35*i«^..5i'^*>?j-acAffiJ4^^^^ e ^<^^ A^^^^ ' n.%^ lA ^o ^ CIHM/ICMH Microfiche Series. CIHIVI/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques . , .. .siSSss^KvMMssmm'fksmi-^- m unorganized tracts, where recovered from 13. ly Attorney for certifi- ,15. , 8 16-18. vice and consent of rovince of Ontario, from three to seven ts of Common Law, )1 Delivery, General Criminal Courts. 39 ther Act in that be- ree of misdemeanor ice or travel. C. S. treason or felony, or onment only, or any led, the Judge who ion or trial for the 3 who attends on re- f the Crown Counsel, on the part of the of money as to the ompensate such wit- ag as such witness; ; then payable to the ior Courts; and no 3 who resides in the or within one mile I- indigent witnesses. 4. Where no bill of indictment has been preferred, or where or where no the trial has not been proceeded with, the Court may make a ^^^ff^^OT similar order in favour of any person who, in the opinion of trial had. the Court, bo7ia fide attended the Court in obedience to a re- cognizance or subpoena. 39 V. c. 13, s. 3 5. The order is not to be made except on a certificate by the Certificate Counsel, if any, for the Crown in the case, and by the County Xtu^^Jlt" Grown Attorney (unless the County Crown Attorney ie also the Counsel for the Crown, and certifies as such) ; and such certi- ficate shall contain the particulars necessary in, and be to the efiect of, the affidavit required in civil cases to entitle a party to disbursements to witnesses; but the Court may require Discretion aa further evidence, and shall have a discretion to grant or refuse *° <"^*'- the order. 39 V. c. 13, s. 4, 2. If the County Crown Attorney is abs^it, and for this or Certificate in for some other reason some other person is acting for " " ^^'^ ' the certificate of the latter may be given instead of the certifi- ney.' cate of the Oounty Qrown Attorney. 39 V. c. 13, s. 6. \i\m alMcnoe of "'™' Crown Attor. 6. The order may embrace any number of witnesses and any Order mi^ number of cases, or may be for one witness only. 39 V. c. 13, ^JJ^^^*'^ S. 5. witnemea. 1, Every order for payment shall be forthwith made out and ^*** ^^ . delivered by the proper officer of the Court, and shall be di- dired»d.**° rected to the Treasurer of the County in which the offence was committed, or was supposed to have been committed ; oa* if such offence was committed or was supposed to have been committed in a City, or in a Town separated for municipal pur- poses from the County, the order shall be directed to the Treasurer oi the said City or Town. 39 V. c. 13, s. 6. 8. The Treasurer to whom the order is directed shall forth- Payment hy a wiUi, out of the funds of the Municipality in his hands, pay to wlSmMdw' the witness, or each of the witnesses named, tiie amount ascer- "ad*, taiued b^ the certificate, on such witness signing a re eipt therefor m person. 39 V. c. 13, s. 7. O. In case the trial takes place in a County oth^ than the Eapten Oounty in which the offence was committed, the Treasurer of * uq^ ent by Treasurer on the County in which the trial takes place, if applied to by the nnt made, witnesses, shall forthwith pay the money in the first instance out of the funds of the Municipality in his hands, and shall forthwith be reimbursed by the Treasurer to whom the order is directed. 39 V. c. 13, s. 8. 10. One-third of the amoxmt paid to witnesses under this Act ^«-*j'"' *<» shall be repaid to the Municipality out of the Consolidated rffu^ipJuty. Revenue Fund of the Province, except as is hereinafter men- tioned. 39 V. c. 13, s. 9. WitneHseg in unor^nized difttncts. 468 Chap. 87. payment of crown witnesses. [Title VI. Expen.«. of 11. In vespcct of witnesses under the third and f^urth^^^^^ witVesse. «ent tjo^g „{ this Act, in cascs scnt from the nnoi^mzed Ui«t"ct9 &S^;?- for trial in any County the ^-P,*:"^^ f ^"±^^739 V how repaid. ^ repaid in full out of the Consolidated Revenue * und. 6 J v . c. 13, s. 10. 19 The like fees shall be paid out of the Consolidated Revenue Fund to witnesses attending fittings «1 a/ ^^J^ Courts mentioned in the first section ot this Act, held within any of the said unorganized Districts, upon th. prosecution or trial of any treason, felony or other ollenco mentioned in L third and fourth sections of this Act. and shall be so paid under such regulations as the Lieutenant-Govemoi in Council may adopt. 39 V. c. 13, s. 11. ' .^ 18 In case any witness fees paid under the provisions of PrSJlZ:^- this Act artby virtue of the judgSiient of the Court, afterwards ^"rjA';^; recovered from the prosecutor or defendant, the same shall be t^;lt- iepS to the Municipality. a«d one-third accounted tor by the repaid. Municipality to the Crown. 39 V. c. 13, s. 12. 14 For and to cover the costs, charges and expenses of, and inci.lental to, the certificate, or the inquiry whether a certi- Fee to Crown Attorney in re8i>ect of certificate. incineniai lo, wie ucitiuj^i^'-, «» "— --n — j u«ii v>o ficate should be gianted, the County Crown Attorney shaU be entitled to receive from the Corporation ot the County m which the Court is held the sum of one dollar, in respect of every prose- cution or trial on which a witness is examined, which «um sh*" be over and above his other costs and charges. 39 V. c. Id, s. la. One third of 1 5. One-third of the fee of one dollar, payable to the County c"^ Attor- Crown Attorney, as aforesaid, shall be repaid to the Mumcipahty Jgfaid to*° out of the Consolidated Revenue Fund of the Pro^once. 39 V. ftfonicipaUty. c.13,8.14. Witne.« tees 16. In case of any infomation action, suit or oth«r legal payable on proceeding before any Court in Ontario, by or on behalt ot the =r,b1t)rown, for the prosecution of ^S^^f'^^'Zr^^rtf'ihl HerWfajeBty. H™ Maiesty against any person or body corporate, tor ine use of the Province, or for the recovery of the possession of any lands, deeds or personal property whereto Her Majesty claims to be entitled, for the use of the Pi-ovince the wit- nesses shall be entitled to be paid the hke witness fees as are payable in such Court in civil suits, between subject and sub- ject. 39 V. c. 13, s. 15. , r^ nation 17. Nothing herein contained shall be construed to entitle a SoTrrS witnes« in any case to which this Act applies to require pay- before, deter- , J f money previous to the determination at Snr °' Teh Court of the prosecution or trial at which he attends as a witness. 39 V. c. 13. s. 16. ' Rights of 1§ This Act shall not prejudice the rights which any ^"ued unde" County in which Indian reservations are located may have as SES. [Title VI. ird and fourth sec- lorgahized Districts \ich Avitnesses shall venue Fund. 39 V. Title VI.] ADMINISTRATION OF JWTICK. Cliap. 8!). 460 against the Dominion of (^anada, under .section ««venty-one 30 Viot, c.^_^^ of the Act pa.sse(l hv the Parliament of ('amida m the; hession tooontHon.ou- held in the thirty-ninth year of the rei-n of Her Majesty Queen £«-;«»"•."' Victoria, and chaptered eighteen. 3J) V. c, 13, s. 17. if the Consolidated ttings of a' y of the is Act, held within )on thj prosecution llenco mentioned in ind shall be so paid Governoi in Council ler the provisions of he Court, afterwards it, the same shall be accounted for by the 4. 12. and expenses of, and iry whether a certi- wn Attorney shall be the County in which e.spect of every prose- ined, which sum shall ges. 39V.c.l3,3.13. payable to the County id to the Municipality E the ProAonce. 39 V. in, suit or other leCT.1 by or on behalf of the ilaims or demands of dy corporate, for the y of the possession of whereto Her Majesty le Province, the wit- ike witness fees as are ween subject and sub- 3 construed to entitle a ipplies to require pay- the determination at which he attends as a the rights which any •e located may have as CHAPTER 89. An Act respecting the Appropriation of Fines and Forfeitures in certain cases. Finea imposed .^y Imperial Acta and appropriated for the benefit of^ he poor, or for parochial purposea, a. 1. Fines where no special appropriation is made,'8. 2. The portion of all finM distri- buted by the law of Eng- land to the poor shall be paid to the Treasurem of the Counties or Cities for the purposes of such Counties or Cities. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1 In all capes not otherwise provided for, in which, by any Imperial SiJitute in force in Ontario, a fine or penalty is imposed, in respect to matters within the legislative authority of the Legislature of Ontario, and the whole or any part of the fane or penalty is in any manner appropriated for the support of the poor or to any parochial or other purpose, inapphcable to the existing state of Ontario, such fine or penalty, or the part thereof so appropriated, shall when received be paid to the Treasurer of the County or City in which the conviction has taken place, to be appropriated to the purposes thereof, and accounted for in the same manner as the general rates and assessments levied therein are applicable and accountable by law. See C. S. U. C. c. 118, 8. 1. 9 Every fine and penalty imposed for the punishment of any where no offence prohibited by any statute now or hereafter in force in this «PP«^ri»^ton Province,and the proceeds of every forfeiture imposed and given 4c. shiJl be to the Crown by any statute now or hereafter in force m this |a^d^o *e Province shall, where the disposal of the same is within tne Treasurer, power of the Province and no other provision is made m res- pect thereto, be paid to the Treasurer of the Province, and shall form part of the Consolidated Revenue Fund. See C. b. U . U. c. 118, s. 2 ; see also Rev. Stat. c. 1, s. 8 (31). \By C S U. C. c. 118, ss. 1 & 2, provision is also inade for the appropHation of fines, Sc, tfi£ disposal of which w wot within the authority of the Pron}ince\ 470 Chaps. 8, 9. TILE DRAINAQE DEBENTURES. 41 Vict. PART III. ACTS PASSED AT THE SESSION OF THE LEGISLA- TURE OF ONTARIO, 41 VICTORIA, 1878, AFFECTING MUNICIPAL MATTERS. ReviMd SUt. c. 174.8.142, amended. CHAPTER 8. An Act to make certain Amendments in the Revised Statutes. [Aeaented to 7th March, 1878.] 19. The Revised Statute respecting Municipal Elections chapter one hundred and seventy-four, section one hundred and forty-two, is hereby amended by striking out the word " making," in the second line of the said section, and substituting the word " marking." Short title. OouncUs may boROw. Pawing of by-l»w. CHAPTER 9. An Act respecting investments in Tile Drainage De- bentures. [Assented to 7th March, 1878. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontaiio, enacts as follows : — 1. This Act shall be cited as " The Ontario Tile Drainage Act." % The Council of any Township Municipality may pass by- Hws for borrowing for the purposes hereinafter mentioned, a sum of not less than two thousand dollars, nor exceeding ten thousand dollars, and for issuing therefor tht debentures of the Municipality in sums of one hundred dollars each, payable within twenty years from the first day of August in the year in which the money is borrowed from the Municipality as is hereinafter provided, and bearing interest at the rate of five per centum per annum, and it shall not be necessary to submit such by-law to a vote of the electors of the Municipality before the passing thereof : But no fcuch by-law shall be valid un- less the same is passed at a meeting of the Council specially ES. 41 Vict. 1878. TILE DRAINAOE DEBENTURES. Chap. 9. 471 THE LEGISLA- 3RIA, 1878, \TTERS. ts in the I^evised 7th March, 1878.] Municipal Elections ection one hundred iking out the word ion, and substituting Tile Drainage De- 7th March, 1878. advice and consent of Province of Ontaiio, itario Tile Drainage cipality may pass by- :einafter mentioned, a rs, nor exceeding ten the debentures of the lollars each, payable f August in the year he Municipality as is it at the rate of five e necessary to submit e Municipality before w shall be valid un- the Council specially called for the purpose of considering the same, and not loss than four weeks aftur a n«)tice of tlio day appointed for such meeting has been published in some newspapor issued weekly, or otteiier, within the township, or, if there is no such public newspaper, then in a public newspaper published nearest to the township, or in the county town ; which said notice shall be to the effect of Schedule F to this Act. 3. The debentures issued under any such by-law may be issued I»«»»'«»« «»«' and sold by the Municipality from time to time, as the Muni- benturoH cipal Council thereof may require money for the purpose only "n*!"' by-Uw of lending the satiie for tile drainage, as hereinafter provided. 4. Said debentures shall be made payable to the Treasurer of ^""P"'^ Ontario, or order (in the Form of Schedule E), and shall have coupons attached, and each of such coupons shall be for the sum of eight dollars, being as nearly as may be the sum required to meet the annual interest of the debenture and the annual sinking fuud necessary for the repayment of the debentures at the expira- tion of twenty years. 5. Such by-law may be in the form of Schedule "A." to this ^on^ ot by Act,and shall be promulgated as provided by the Municipal Insti- "*" tutions Act, Revised Statute chapter one hundred and seventy- four, sections three hundred and nineteen and three hundred and twenty. 6. The Council of any Township Municipality, proposing to Applio*tton borrow money under the provisions of this Act may, after the j^^J^^' ***" expiration of the time limited for serving notice of intention to make application to quash the by-law, as provided by the Mu- nicipal Institutions Act, Revised Statutes, chapter one hundred and seventy-four, section three hundred and twenty-one, deposit with the Commissioner of Agriculture a copy of the by-law, with affidavits of the Reeve, and Clerk of the Municipality in the form Schedules B. and C. to this Act, and may at any time thereafter apply for the sale of the debentures authorized thereby for such sums as hereinafter provided : such application to be in writing and sealed with the seal of the Municipality and signed by the Reeve thereof, and shall specify the names of the pt^ies to whom the money is to be loaned. 7. The Commissioner of Agriculture shall investigate and ^f'Ti^^fJJSL report to the Lieutenant-Governor in Council as to the pro- to report to pnety of the investments proposed in such applications in the y*'**"''^t order of time in which they are deposited ; and such reports CouucSl' shall be disposed of by the Lieutenant-Governor in Council, in the order oi time in which the same are made. 8. Any person assessed as owner of land in the Municipality, Appllo»tioB to wishing to borrow money for the purpose of tile draining the ^rtow. said land, may make appUcation to the Council of the Munici- pality in the form of Schedule " D " to this Act. 472 Iiwuing d«- bentuTM on • loan. TILE DRAINAGE nEBENTURES. 41 Vict. Fund. Ohap. 9. 0. On Huch application the Council nmy issue debentures for Huch amount within the sum autliorizod i»v this Act and hy by-law of the Municipality, as they may deem expedient and proper, but not exceeding tlie sum or sums applied for, and not exceeding twenty-Hve per centum of the estimated cost of such tile drainage. Purchweol 10. The Lieutenant-Governor in Council may from time to '^f'T'on^R^r* time, in his discretion, invest any surplus of the Consolidated ■ ■ Revenue Fund, not exceeding in the whole at any one time the sum of two hundred thovisand dollars, in the purchase of any debentures issued under by-laws deposited as aforesaid, in re- spect of which the Commissioner of Agiiculture shall have certi- fied to the propriety of investment. 11. After any such investment has been made, the debentures shall not be questioned and shall be deemed to be valid to all intents and purposes. 13. The Council shall lend the money so borrowed for the purpose of tile drainage only for the same term of twenty years, in sums of one or more hundreds of dollars (no fractional part of a hundred dollars to be loaned), and to persons who are assessed as owners as aforesaid ; but no part of the money so borrowed shall be loaned to any member of the Council, but any person having so borrowed any sum or sums fiom any Munici- pality shall not thereby and by reason thereof be disqualified from being afterwards elected a member of the Council of such Municipality. 13. The Council shall not loan to any person borrowing money under this Act a sum which shall require the levying of a greater annual rate for all purposes, exclusive of school rates, than three cents in the dollar upon the value of the lot or parcel of land proposed to be tile-drained, in respect of which the money is borrowed, as ascertained by the last revised Assess- ment Roll of the Municipality, but in no case shall more than the sum of one thousand dollars be loaned to one person. Order in 14. The Council shall consider the applications in the which loaiw ^^.j^^. ^^^,y ^^e made, and shall loan the money to the persons ^•anud.* whose applications shall have been approved of in the same Older. DabentuTM made un- quMtionable. How and to whom loans to be made. Kon-diaquali' fieation as member of Oouncil. Limit of amount to be loaned. Inspector, his expenseH. Inspector's report, Qontentr. IS. The Council borrowing money under this Act shall em- ploy a competent person as Inspector of tile drainage, whose services and expenses shall be charged ratably upon the works carried on under his inspection, and shall be paid by the Coun- cil out of the money boiTowed. 10. The Inspector shall, on the completion of any drainage works under his charge, report to the Council the number of w. 41 VrcT. 1878. TILE DRAINAOK nRHKNTURKS. Chap. 9. 473 Hsin! lUihentures for y this Act ami hy L'ein oxpedient and pplied for, and not estimated cost of may from time to f the Consolidated at any one time the ,1)0 purchase of any a.s aforesaid, in re- ure shall have certi- nade, the debentures led to be valid to all so borrowed for the erm ot twenty years, 1-8 (no fractional part to persons who are art of the money so the Council, but any [Ds from any Munici- lereof be disqualified ' the Council of such ly person borrowing ■equire the levying of lusive of school rates, value of the lot or i, in respect of which be last revised Assess- case shall more than i to one person. applications in the money to the persons roved of in the same ler this Act shall em- f tile drainage, whose tably upon the works be paid by the Coun- etion of any drainage Jouncil the number of rods uf drain conHtructi'd on each lot or part-ul ,.' land, the cost per rod, and such otlu/r particulars as may 'lo r»M[iiired by the Council; report shall l>o untiTed iu a lii>ok to bo provided by No aiWanco to the Council for that puiposc, and the money shall not be ail- ["'"'rtente" I vanced by the Council until such report of tlie due completion of the work has been so made. 1 7. The Council shall impose, by by-law (in the Fonn of ^HjmI*! »nnu»l Schedule O), levy and collect for the term of twenty years a special amiual rate of eight dollars on each one hundred dollai-s loanetl over and above all other rates upon the land in respect of which the money is loaned ; and such rate shall be collected in the same manner as other special rates imposed under the provisions of the Municipal Act. 1 8. The owner of any lot or parcel of land in respect of 9?^/" ""y ^ which money had been Vwrrowed for tile drainage under this in^bt the Municipality shall, in the next ensuing year, (or as the case collect an a may require) assess and levy on the whole ratable property *»*• within the Municipality in the same manner in which taxes are levied for the general purposes of the Municipality, a sufficient sum to enable the Treasurer, over and above the other valid debts of the corporation falling due within the year, to pay over to the Treasurer of Ontario the amount in arrear together with 474 Chap. 9. TILE DRAINAaE DRBKNTURES. 41 Vict. the interest thoreon at the rate of seven per centum per anntira, durini? t}.e time .)f d. ; an-fno charL'e upon all the funds of the Munieipaluy, for whatever pur- tT^::Xj; poseorunderwhateverby-law ArreurH mad* a fint charge on towiiMlif fnndi ; ufflcer I out towiwhip poseor uiiuor wiiavuvui ujr-.«,„ v..^j ..—^ "".r oi t ♦Im fundH except than sinkinL' fund ; and no Treasurer or other otticor ot tno "*^'*' *"• Municipality shall, after default, pay any sum whatsoever ex- cepL lor the ordinary current disbursements and salaries ot clerks and other employees of .such Municipality, or debts due to the Government of OnUirio having priority by virtue of anv statute, out of any fund of the Municipality in his hands, until the sum in arrear and interest shall have been paid to the Treasurer of Ontario. Penalty on 4, jf g^^y guc), Treasurer or municipal officer shall my anv Smr"' sum out of the funds of his Municipality, except as aforesaid, when town, contrary to the provisions hereinbefore named, he shall be name .hipindefault. ^ the Treasurer of Ontario for every sum .so paid as for money received by him for the Crown, and he shall m addition thereto incur a penalty of five hundred dollars to be recovered with full costs of suit by any person who will sue for the same by action of debt or information in any of Her Majesty s Courts in this Province having jurisdiction, and in default of payment of the amount which the offender is condemned to pay within the period to be fixed by such court, such offender shall be im- prisoned in the common gaol of the county for the penod of twelve months unless he sooner pay the amount which he has been condemned to pay and the costs. 5 Any Reeve or Councillor wilfully omitting to see the foregoing provisions carried into efiect, shall also be personally and individually liable to the Treasurer of Ontario for the full amount so in arrears and interest, to be recovered with costs by the said Treasurer of Ontario, in any suit as for money had and received for Her Majesty's behalf : Provided always that no assessment, levy or payment made under this section shaU in any wise exonerate the persons or lands chargeable from liability to the Municipality. Affidavit., 91. Affidavits under this Act may be sworn before a Justice before whom ^^ ^^^ p^^^ ^^ ^j^f^yg ^ Commissioner for taking affidavits in the Courts of this Province. Penalty on Reeve or Councillor disregarding thig Act. ,ES. 41 Vict. 1878. cuntum por anntim, uthor the Humc have or lands chargoablo at the said rate of provided, bethetir.st y, for whatever pur- .ve been raised other jther otticor of the mm wliatsoever, ex- and salaries of clerks , or debts due to the .rirtue of any statute, hands, until the sum I to the Treasurer of officer shall nay any except as aforesaid, led, he shall be liable mm so paid as for I he shall in addition ollars to be recovered will sue for the same Her Majesty's Courts ti default of payment emned to pay within offender shall be ira- nty for the period of .mount whicn he has omitting to see the all also be personally r of Ontario for the to be recovered with my suit as for money ,lf : Provided always de under this section or lands chargeable iwom before a Justice )r taking affidavits in TILE DRAINAOE PEHENTURKS. SCHEDULE " A • Chap. 9. 476 {Section 5.) FORM OF UY-LAW. A Dy-lonu to raise the suvi of dollars to aid in the cuiistructlon of tile drains. The Municipality of the Township of , pursuant to the provisions of an Act of the Legislature of Ontario, l)«W8ed in the forty-first year of Her Majesty's reign, chaptered , enacts as follows : 1. That the Reeve of the said Township may from time to time, subject to the provisions of this by-law, borrow on the credit of the corporation of the said Municipality such sums of money not exceeding in the whole dollars, as may be decided by the said Council, and may in manner herein- after provided, issue debentures of the said corporation in sums of one hundred dollars each for the amount so borrowed; the said debentures to have coupons attached as provided in the fourth section of the said Act. 2. That when the Council shall be of opinion that the ap- plication of any person or persons who may be assessed as owners of land in the said municipality, to borrow money for the purpose of constructing tile drains should be granted m whole or in part, then the said Council may, by resolution, in- struct the said Reeve to issue debentures as aforesaid, and borrow such sum of money as does not exceed the amount ap- plied for, and may loan the same to the said applicant on the completion of said drainage works. 3. A special annual rate shall be imposed, levied and collect- ed over and above all other rates upon the land in respect of which the said money shall be boiTowed, sufficient for the ptty- ment of the interest and sinking fund, as provided in the said Act. SCHEDULE «B." (Section 6.) Affidavit of lieeve or other Head Officer. \ I. of the County of TO WIT : ) in the County of {Reeve) of the Township of ■ay : — ... 1st. I have not been served with any notice of intention to make application to quash a certain by-law passed on the of and Province of Ontario, make oath and 476 Chap. 9. TILE DRAINAGE DEBENTURES. 41 Vict. day of in the year of our Lord by the Municipal Council of the said Town- ship of No. intituled (yive title of by-laiu,) nor have I been served with any notice of intention to make application to quash any part of said by-law, nor with any notice to that or the like effect. Sworn, &c. SCHEDULE " C. (Section 6.) Affidavit of Clerk of Mv/aicipality. } I, of of and Province of Ontario, make the County of TO WIT : in the County of Clerk of the said Township of oath and say : — 1. On the day of in the year of our Lord municipal council of the said Township of passed a by-law in regard to the borrowing of money to be lent for the construction of tile drains, being No. and intituled (stctte title of by-law), a. true copy of which by-law duly certified by me is now shown to me and is marked " A." 2. A notice setting forth the object of the said by^ law, and stating that any one intending to apply to have such by-law or any part thereof quashed, must within twenty days after the first publication thereof serve a notice in wiiting upon the reeve or other head officer of the municipality, and upon the clerk of the municipality, of his intention to make application for that purpose to one of Her Majesty's superior courts of law at Toronto, during the term next ensuing the final passing of the bj'-law, was published on (insert here the dates t^f publication), in the (insert name of newspaper), news- paper published at in the Township of [or the town or\ Township of (as the case may be,) being the public news-[ paper published nearest the said Township of or i the county town in which a newspaper is published, there be ing no newspaper published iu the said Township of ], a copy of which newspaper containing the said notice is no shown to me, marked " B." 3. I have not been served with any notice of intention to mak application to quash the said by-law, nor with any notice ol intention to make application to quash any part thereof an with any notice to that or the like effect. Sworn, &c. 'k. BENTURES. 41 Vict. in the year of our ,1 Council of the said Town- intituled (give title uf h any notice of intention to ; of said by-law, nor with "C. Municipality. of of and Province of Ontario, make of the iship of V 1 * orrowing of money to be lent being No. , a true copy of which oy^^aw n to me and is marked " A. bjeet of the said by law, and o apply to have such by-low it within twenty days after e a notice in wiiting upon • of the municipality, and lity, of his intention to make .e of Her Majesty's superior the term next ensuing the )ublished on {insert here the rt name of newspaper), news- ToAnmship of [or the town or ay be,) being the public news- fownship of or tn ipaper is jmUished, there be- he said Township of ], aining the said notice is now my notice of intention to make -law, nor with any notice of > quash any part thereof and li.e effect. 1878. TILE DRAINAGE DEBENTURES. SCHEDULE " D. " Chap. 9. 477 (/Section 8.) To the Municipal Council of ,v , , m I A B, owner of (if part state what part), lot No. in Concession of the Township of hereby apply for a loan of « to assist in the construction of rods ot tile drains proposed depth of drain inches proposed size of tile inch. ^^.^^^^ ^^ . SCHEDULE "E." (Section 4.) $100. Tile Drainage Debenture of the Township of • The Corporation of the Township of in the County of hereby promises to pay to the Treasurer of the Province of Ontario or order at the Bank of m the city of Toronto, the sum of one hundred dollars of lawful money of Canada, and interest thereon at five per cent in twenty equal annual instalments of eight dollars each, the first of s-ich instalments to be paid on the f^A u i , AD 187 , pursual to By-law No , mtituled " A By-law to raise the sum of dollars, to aid in the construction of Tile drains. A. B., Bteve. (Seal of Cor- 1 \ poration. f CD., TreOjSurer. Coupon for twentieth Annual Instalment of Tile Drainage Deben- ture No. 1, issued under By-law No. of the Township of ^ payable at the Bank of in the city of Toronto on day of A.D.187 . A. B., * Betvt. CD., Treasurer. Coupon for nineteenth Annual Instalment of Tile Drainage Deben- ture No. I, issued under By-law No. of the Township of ^ payable at the Bank of in the city of Toronto on day of A.D. 187 . A. B., Beeve. CD., Treaawer. 478 Chap. 9. TILE DRAINAGE DEBENTURES. 4l VlCT. SCHEDULE "F." {Section 2.) Notice of By-law. Take notice that a by-law for raising the sum of ^ for Tile Drainage under the provisions of " The Ontano Tile Drainage Act," will be taken into consideration by the Muni- cipal Council of the township of , on the , , , . d£yof ,A.D. 18 , at the hour of o clock in the noon, at which time and place the members of the council are hereby required to attend for the purpose aforesaid. E. F., Gkrk SCHEDULE "G." (Section 17.) BY-LAW IMPOSING A RATB. By-law impomig a Special Tile Drainage rate upon Lot vathe Concession. Whereas H. J., the owner of Lot in the Concession of this Township, appUed under the provisions of the " Act respecting the investment of pubhc money in debentures issued for the construction of tile drains in Town- ship Municipalities," for a loan to be made to him for the pur- pose of tile draining the said land : And whereas the Mumcipal Council has, upon his said application, loaned the said H J., the sum of one thousand dollars {or as the case ruay be), to be repaid with interest by means of the rate hereinafter imposed : Be it therefore enacted, by the said Municipal Council of the said Township, that an annual rate of eighty dollars per annum {or as the case may require, namely, $8 per every %\m loaned), IS hereby imposed upon the said land for a period of twenty years, such rate to be levied and collected at the same time and manner as ordinary taxes are levied and collected. IGS. 4l Vict. e sum of ^ ■ " The Ontario Tile ration by the Muni- , on the )f o'clock in the members of the ! purpose aforesaid. E. F., Clerk. 1878. BRIDGES IN VILLAGES. Chaps. 10, 11. 470 CHAPTER 10. An Act to amend the Line Fences Act. {Assented to 7th March, 1878.] HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. In the Line Fences Act, being chapter one hundred and Jf tSTwo^jS"* ninety eight of the Revised Statutes of Ontario, the expression "occu- '-■' "occupied lands," shall not include so much of a lot, parcel »"»'««• or farm as is unenclosed, although a part of such lot, parcel or farm is enclosed and in actual use and occupation. TB. ! rate upon Lot ion. in the inder the provisions )f public money in tile drains in Town- e to him for the pur- rhereas the Municipal oaned the said BL J., X case may be), to be hereinafter imposed : nicipal Council of the ty dollars per annum ir every $100 loaned), a period of twenty I at the same time and jollected. CHAPTER 11. An Act respecting Bridges in Villages. [Assented to 7th March, 1878.] HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. The councils of every county and incorporated village may Au^ftion^ pass by-laws for carrying out any arrangement between them ^^^ ^^„ for the assumption by the village municipality of any bridge control of within its limits under the jurisdiction of the county council, «"^»y- and for such bridge being toll free ; and for the payment by the village municipality to the county municipality of any part of the cost of the construction of suchbri-lge ; and after the pass- ing of such by-laws the bridge shall be and remain under the exclusive jurisdiction of the village municipality ; and the vil- lage municipality shall be subject to all the liabilities in the premises, which but for the transfer would have devolved on the county municipality ; and the bridge shall be and remain toll free. 480 Chaps. 12, 13. ASSESSMENT ACT. 41 Vict. B. S. c. 199, 8 4 amended. CHAPTER 12. An Act to amend the Revised Statute respecting Ditching Water Courses. [Aasented to 7th March, 1878.] HER MAJESTY, by and with the advic>i and consent of the Legislative Assembly of the Province of Onta- rio, enacts as follows : — 1 The following shall be added to and shall form subsection five to section four of the Revised Statute respecting ditching water coui-ses. SelectidH of 5. Where the lands are situate in difierent municipalities, the fence viewers g^id fence viewers shall be selected as follows : two troni tne rotdlSTe'n^S fence viewers of the "^"^^cipality in which the land of the municipiditie* other owner or occupant so notified is situate, andtnetnura from the fence viewers of the municipaUty in which the land of the party giving the notice is situate. In case of a disagree- ment as provided in subsection four of this section, the county judge may appoint the fence viewers indifferently fi-om either or both municipalities. Interpretation 58. The judge referred to in subsection four of section four, and of the word, in section twelve of the Revised Statute ; the clerk of the muni- iS •"'* cipaUty referred to in section eight; and the clerk of the dm- sion court referred to in subsection two of section twelve, shall be respectively the judge of the county court of the county, the clerk of the division court of the division, and the clerk of the municipaUty wherein the land of the owner to be notified lies. B. s c 199 . a. Section three of the said Act is hereby amended by ad^ jW^didT' after the word " adjoining " in the first hne, the words "or adja- cent." CHAPTER 13. An Act to amend the Assessment Act. [A88ented to Ith Ma/rch, 1S78.] WHEREAS doubts exist as to the right of appeal from the equaHzation of assessments under the provisions of the Assessment Act, where County Valuators have been appointed, and it is expedient to remove such doubts; 41 Vict. tatute respecting 7th March, 1878.] advicii and consent le Province of Onta- IS78. LICE.;SK ACT. Chap. 14. Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 481 ■ht of Apv^al ill nation if »»"«''''• 1 The riwht of appeal provided for by section sixty-ei^ht of the'llevisecrStatutes, respecting "The Assessment Act,' shall exist whether Coimty Valuators have been appointed or not, and ."ent upon any such appeal the report of the County Valuators shall be open to review by the County Judge. shall form subsection ;e respecting ditching int municipalities, the >llows : two from the hich the land of the lituate, and the third ty in which the land In case of a disagree- is section, the county lifFerently from either 3ur of section four, and the clerk of the muni- the clerk of the divi- jection twelve, shall be urt of the county, the I, and the clerk of the Tier to be notified lies. by amended by adding ne, the words "or adja- issment Act. to 7th Ma/rch, 1878.] ight of appeal from the lerthe provisions of the ■s have been appointed, »ts; CHAPTER 14. An Act to amend the License Act, and for other pur- ^^^ ■ [Assented to 1th March, 1878.] HER MAJESTY, by and with the advice and consent of the Legislative Ajisembly of the Province of Ontario, enacts as follows: — 1. A sum not exceeding seven thousand dollars may be set "•P^*'^;*" apart out of the Consolidated Revenue of the Province for the „f ^^^^^^^ ' re-pay ment to any brewer or distiller who has paid the duty en penaltt*., *c. a wholesale license or licenses, the amount of such duty and the amount to which any municipality was entitled upon the issue of such license or licenses, under and by virtue of the Act passed in the thirty-seventh year of Her Majesty's reign chaptered thirty-two and interest thereon, and the amount ot any fine or fines or penalties imposed and paid, by reason oi the neglect of any brewer or distiUer to obtain the wholesale license required by section twenty-six of said Act and interest thereon, and on the several sums to be repaid under section three of this Act ; and the Treasurer of the Province may, upon such payment by any brewer or distiller being made to appear to his satisfaction, repay the sum or sums so paid as aforesaid to the person or persons who paid the same, or to his or then- executors, administrators or assigns. 9. Upon the distribution of the license fund thereafter there ^^'^^J'* shall be paid to the Province, out of the proportion of such ^j^^^^p^i,, license fund payable to any municipality, the amount which such to municpal- municipality has been paid by any brewer or distiller upon the • issue of a wholesale license under said Act, and the amount of any fine or fines received by any municipality and the interest, which may be repaid to such brewers or distillers. 3 Where any brewer or distiller, under and by virtue of the Licenseboaras Act passed in the thirty-ninth year of Her Majesty's reign, ""'y "'P-'y 31 i ffij ^. gt na wtfc-- • j'-nm^w.miv 482 Chap. U. LICKNSK ACT. 41 Vict. tircwers, in;. in certain cft«e». clia|)toie(l twcnty-Hix, haH paid into the license fund of any license district, or to the License Inspector the duty on any wholesale license or licenses, or has paid any tine or fines by rea- son of the neglect of such brewer or distiller to obtain .such wholesale license, and such duty and fines shall not have been paid into the Consolidated Fund, such License Board may repay the .same to the person or persons who paid the same, or to his or their executors, administrators or assigns, ^ uch pay- ment being first approved by the Treasurer of the Province. Thin Act not 4. Nothing herein contained shall be construed as an ac- cen^ein Queen (luiesccnce by the Legislature, in the judgment heretofore rci-g„t Severn, given by the Supreme Court against the authority of this Legis- lature, to require brewers and distillers to aike out a wholesale license in the terms and for the purposes mentioned in the said Act passed in the thirty-seventh year of IJer Majesty's reign, chaptered thirty-two, and to pay the duty thereon. u. s. c. 181, 8. tS. Section one hundred and nine of chapter one hundred and 109, repealed, gjgiity -one of the Revised Statutes of Ontario is hereby repealed . Exp«nseB of 6. All expenses of carrying such of the provisions of chapters S's^'c'T 181 o"® hundred and eighty -one and one hundred and eighty -two of iM.MdPof this the Revised Statutes of Ontario as may be in force in naunici- Act, how to palities where a by-law prohibiting the sale of intoxicating fiquoi-s under the " Temperance Act of 1864," or the " Temper- ance Act of Ontario " is in force, and this Act into effect, shall, when the license fund is insufficient for that pui-pose, be borne and paid in the proportion of one-third by the Province out of the Consolidated Revenue Fund, and two-thirds by the county within which any by-law for prohibiting the .sale of liquor under the Temperance Act of 1864, or under chapter one hun- dred and eighty-two of the Revised Statutes of Ontario is in force ; and where the by-law is that of a minor municipality, such minor municipality's .share of the entire expenses shall be paid in the same proportion by the Province and the minor mu- nicipality respectively, as when the by-law is that of a tounty. Proportion (2) The proportion of such expenses payable under this sec- ^Jp^vinceor^ion by a county, or by a minor municipality, or by the Municipality, Province, shall be by them paid into the bank in which the how and when Hq^j^^q fund is kept to the credit of the license fund for the to be paid. ^^^^ ^^ county or electoral district, as the case may be, and shall become due and payable within one month after an estimate of the amount of the expenses for the current license year shall be made by the Board of License Commissioners for the city county, or electoral district, as the case may be, and shall be approved by the Provincial Treasurer, which approval shall be final and conclusive; and after a copy or dui^icate of such estimate and approval together with a notice in writing by the Board of License Commissioners, requesting payment of the proportion payable by the municipality shall be served 41 Vict. iccnso fund of any ir tiie duty on any fine or finos by rea- iller to olttain such hIuiII not have been iconsc Board may 10 paid the same, or assigns, f uch pay- of the Province. onstrued as an ac- idgment heretofore hority of this Legis- ake out a wholesale entioned in the said Jei' Majesty's reign, thereon. ter one hundred and is hereby repealed. •ovisions of chapters }d and eighty -two of 1 in force in munici- sale of intoxicating 4," or the " Temper- \ct into effect, shall, at purpose, be borne the Province out of thirds by the county I the sale of liquor ier chapter one hun- ites of Ontario is in minor municipality, ire expenses shall be i and the minor mu- f is that of a xsounty. yable under this sec- icipality, or by the bank in which the license fund for the ise may be, and shall ith after an estimate 3nt license year shall sioners for the city Ely be, and shall be ch approval shall be >r duplicate of such ice in writing by the ing payment of the y snail be served 1878. LICENSE ACT. Chap. 14. 483 upon the clerk of the county, or minor municipality ; and tthould any estimate prove insufficient for the payment of the expenses of the license year any deficiency may be provided for in the estimate for the succeeding year ; and should any sums remain unexpended in any year, the same may be applied on account of the expeases of the succeetling year. (3) Payment may be enforced against an)' county, or Payment o minor municipality by the Board of Licen.se Commissioners in pro'i>orti.m any Court of law or equity of competent jurisdiction in the «"''"•<=«'' name and by the title of " The Board of License Commissioners for the city, county, or electoral district of ," (as the case may be) ; and it shall not be necessary to mention or include the names of the commissioners in the proceedings ; and the said action or proceedings may be can-ied on in the name of such license board as fully and effectually as though such license board were incorporated under the aforesaid name or title. In the event of the death or resignation of any of the commissioners, or of the expiry of their commission and of the re-appointment of the sivme, or of the appointment of other commissioners, the pi'oceedings, action, or suit at law or in equity, shall not cease, abate or determine, but shall proceed &s though no change had been made in the commission or com- missioners, and in the event of said license board being con- demned in costs, the same may be payable out of the License Fimd. (4) This section shall apply to all expenses heretofore incurred This neotion under the Acts passed in the thirty-ninth year of the reign of exjXsMundw Her Majesty, chapter twenty -six and in the fortieth year of 39 Vict. c. 26, the reign of Her Majesty, chapter eighteen, or under the said i8^^d^''*g''" Revised Statute, chapter one hundred and eighty -one, and the c. 181. same may be recovered by the license board hereunder from the municipality liable by virtue of this Act to pay the same ; and any notice requesting payment of its proportion heretofore given to any municipality by any Board of License Commis- sioners, or by the members thereof shall be as effective as though given under this Act. 7. When the by-law is a county by-law, and the license dis- The case of a trict in addition to other portions of the county, emivraces a city «>^ty*>yi»w X -ii 1 r '■ ,1 , n "' . . , •' and the iicense or town withdrawn from the county for municipal purposes district em- wherein the by-law is not in force, the license fund of such ^J^*"* * '-'•^y city or town withdrawn from the county for municipal pur- rate w^ereTy- poses shall be kept as a separate license fund for such city or [*'' >«>* '•» town ; and such city or town shall pay a just share of the ex- *"**' penses of such license district ; and the same shall be determined by the Board of License Commissioners ; and shall after approval by the Treasurer of the Province be paid out of the license fund for such city or town ; and in determining such share of expenses the commissioners shall take into ac- count with other circumstances, as far as may be, the propor- tion of the expenses incurred in said city or town. 4S4 Chap. 18. GAME AND FUR-nEARING ANIMALS. 41 ViCT 2 Costs on ap- |)eal from con- victioii under n. H. c. 181, or R. a c. 182. k. S. 0, 181, «. 7(), iimeml ikH til i)ower jiiHtic't' to luuenil infor matiniiH. K. S.c. 181,8. 77 amended. "Minor muni- cipHlity," in terpretation of. 8. On an appeal t<) the county Judge or general sessions from a conviction or order under the" Lu\xxov License Act, or "»der chapter one hundred an.l eighty-two of the Revised Statutes of Ontario, when costs are directe neral sessions from 'nse Act," or under Revised Statutes id hy either party, inst either party as en dollars, and the curing the attend- cleik of uHe peace jiquor License Act" substituted there- ce, justices, or police ion, and may substi- r ortenee against the it the defendant has litl justice, justices, n the hearing of the ant waives such ad- Lct is hereby amend- e made to appear" ine of said section 1 the twelfth line of en mentioned herein other than that of a I. Chapter t\\ o hundred of the Revised Statutes of Ontario, K. H. c. ao<* is hereby repealed. "'»*'''^' 9. None of the animals or birds hereinafter mentioned shall ^!^^',^'^ rt*!"" lie hunted, taken or killed within the periods hereinafter limited: luiimalK aiul D'-er, Elk, Moose, Reindeer, or Cariboo, between the fifteenth j^"!!'",""'^' '*" day of December and the fifteenth day of September in the following year ; (2) Wild Turkeys, Grouse, Pheasants, Prairie Fowl oi' Partridge, between the first day of Februaiy, ami the first day of October; (3) Quail, between the first day of Janu- ary and the fiist day of October ; (4) VV^oodcock, l>et\veen the first day of January and the first day of August; (')) Snipe, between the first day of May and the fifteenth day of August ; ((i) Waterfowl, which are known as Mallard, (Jrey Duck, Black Duck, Wood or Summer Duck, and all kinds of Duck known as Teal, between the first day of January and the fiiat day of September ; (7) Other Ducks, Wild Swans or Geese, between the first day of May and the first da} of Sep- , tember ; (8) Hares or Rabbits, lietween the fii-st day of March and the first day of September. 3. The said animals or birds may be exposed for sale Po8seH«ion for one month, and no longer, after the beginning of the periods ''"^"b' ".'"=*' . o' o^o jr iioriodt now above respectively limited for their protection, and may be had far lawful, in possession for the private use of the owner and his family at any time, but in all cases the proof of the time of killing or taking shall be upon the person so in possession ; (1) Except as aforesaid, no person shall have in his possession any of the .said animals or birds, or any part or portion of any of such animals or birds, during the periods in which they are so pro- tected. 4. No eggs of any of the birds above mentioned shall be Protectiou of taken, destroyed or had in possession by any person at any eggs. time. otection of Game 7th March, 1878.] the law respecting -bearing animals in advice and consent le of Ontario, enacts S. None of the said animals or birds, except the animals Ti-anping for- mentioned in the seventh section of this Act, shall be trapped, WIUJTK(TU)N OK CKIITVIN IIIUDS. Cluip. -'2. 4H7 !• Iiail in the nosHcs- )t' May antl tne tirst lait's, yins or utlu'V criod, nor shall any [ind any such trans, ay be dcstroyt'tl by virrinjj any liahility )tai>ply t<. any ptr- lefcnco ur prosorva- shed upon sumnmry Fore a Justice of the per or Cariboo, by a :.han ten dollars for ot exeeding twonty- jh bird or egg. mentioned in the iceeding twenty-five mimal. Act, by a fine not n five dollars. id to the prosecutor believe that the pro- purpose of benefiting e may order the dis- lall follow conviction, 3n to some charitable the convicting justice. have heretofore im- is of game with the their own lands, it is nt, shoot, kill, or des- of the owner of the en bred. 3n to kill or take any ly the use of poison iaon, poisoned bait or r locality where dogs i:i No ,..'rson shall at any tin... hunt, take, nv kill any Deor. >^^•"{i;;«.';-;•. Klk Monsc R,-in.l.'er or ('.niboo, f..r thi- purpose ot exr'Hing „,,i„„ ,,„,,|,,. the 'same out of Outarin; and in all nis.s th.- ouuh nt i.n.vmg .1.,.. th.it any said Uo-r, Klk, Mouse, K. indeer nv ( anl sn hunt-;., takm or killed is not intended to be ex- ported as atoresiud, shall be upon the pers..n huutin-, kiUin- "r tak.n- the same: (1) Otlences a-'ainst this section shall be punished by a tine iVuMty. not exceeding twenty-five dollars M..r L'ss than five dollars tor t-aeh animal. 14. No owner of any .l.)g trained ..r accustomed l'> 1'''"^ nj-^;;,',,^^* deer shall i.ermit any such dog to run at large (it such .log is ,,,,,,, t., n- aecustomcl ..r is lik.-ly to ivsort to the w..o.ls unaccompani.-.l ^t;.- tl-^^ by such owner ov aiiv of his family or other j)erson) .luring tlie ^^,,^^„„ peiio.l heivinbefoie (.rohibit.-.l for bunting, taking ..r killing deer; an.l any such owner permitting any such .log to run at lana' .luring the said perio.l shall, on conviction therot be liable to the penalty meiitione.l in sub-sectir aiv an- mmllv «K'stroyt'r"ii'""» by him fiom time to time, issued by and with the ailvice and con- " '"' '""*■■'''• sent of the Executive Council, declare any portion or part of the Province of Ontario to bo a tire district. I'uUioUi.m uf * Every proclamation under this Act shall be published in «re Uletrict. the Ontario Gazette ; and such portion or part of the Province as is mentioned and declared to be a fire district in and by the .said in part of the Province istrict in and l>y the said pidilication, hc- l for tiio purposes of rovince mentioned in re district upon the I Council of the pro- 1 to set out, or cause ar the woods within pril and the fii-stday ! purpose of clearing le industrial purpose ; above purposes, the he following sections firat day of April and 1, fire within such fire hall exercise and ob- n in the making and of arid caring for the in order to prevent lie timber and forests ) made and started. Kverv per-oii wlio shall, betwi-eii thf first day '"f April and I'l'imtli-ii'- m iln- rust (lay oi .Noveinlter niiike or stiirt withm s\\f\\ iir<' "lis- i,,^^ ,i^,,, triet II fire in the forest, or atadistauei- nf !«•>-* tlmii half-a mile therefrom, or upon any IsIiiihI for (i)okiii;,r nlituiniii^ vvariiilh, or for any industrial piiq)ose, shall - 1, Select a loeality in the neighltourli'>o"*''"vei'8. within the limits of any such fire district, to see that all such 400 Chap. 24. COMMON (JAOLS. 41 Vict. appliaiioos as nw. above-inontionL'ti aw properly userovi.sions of the nin^h section of this Act .shall be liable to a penaltj' of one hmidred dollars for each oftence, to be recovered with costs in any court of competent jurisdic- tion. 'I'iiiio for l)riiij;ing iictidii. Ilispoaal of tinos. tfi. Every suit for any contravention of this Act shall be commenced within three calendar months immediately follow- ing such contravention. 13. All fines and penalties imposed and collected under this Act shall be paid one-half to the complainant or pro.secutor and I/he otlier half to Her Majesty for the public use of the Province. 15' (iovornmeiit |4 jj; sJiall be the special duty of every (^^rown Land agent, force this Act^ woods and foresi, agent, Free Grant agent, and bush ranger, to enforce the provisions and reqvurements of this Act, and in all cases coming within the knowledge of any such agent or bush ranger to prosecute evory person guilty of a breach of any of the provisions and requirements of the same. m Act not to in- IS. Nothing in this Act contained .sliall be held to rij,'lit of action limit or interfere with the right of anj' party to bring and for ilamajres niaintain a civil action for damages occasioned by fire, and such occasKine jj riglit shall remain and exist as though this Act had not been passed. CHAPTER 24. An Act to provide for employing persons without the walls of Common Gaols. [Assented to 7th March, 1878.] HER MAJESTY. by ana with the advice and consent o the Legislative Assembly of the Province of Ontario enacts as follows : — ■ km > ' :t»ww^n ' 4i-ti^f»/Mw ii iMj«.w»'ju»a w.~ lOLS. 41 Vict. 1.S7«. COMMON OAOLS. Cliap. 24. 491 I arc properly used luul ap- sary osciipo of tire from any ily possible to tlo so. cts or i-efuses to comply with ly manner whatsoever, shall iny justice of the peace to a over and above the costs of ment of such line any^;;;^t prisoner who, after a prioi- sentence of imprisonment tor any ;,,,j^.j^, ,,^,,^ l)i-each of any law of Canada oi- of any Piovince of Canada, is sentenced to be imprisoned with hard labour in such gaol luider the authority of any statute of Ontario, or for the breach of the by-law of any municipal corporation in this Province. 2. Every such prisoner shall, during such eniployment bo l>i«{^iplyH' ;;| subject to "all the rules, regulations and discipline of the gaol so serva ,lmiu« faras applicable, and to any regulations made by the Lieu- emi.h.y. tenant-Governor in Council under the first section of the Act of Canada, passed in the fortieth year of Her Majesty's reign, chttptered thirty-six, for preventing escapes and preserving dis- cipline. ». No such prisoner shall be so employed, save under the Supeivisi.m. strictest care and supervision of officers ai)pointed to that duty 4. Every street, highway or public thoroughfare of any I'laeo of w..ik^ kind along or across which prisonei-s niay pass in going to or '^;;t;;;;'j\^^^^^^j'''^ returning from their work, and every place where they may bt employed under this Act, shall, while so used, be considered as a portion of the gaol for the purjwses of this Act so far as the legislative authority of this Province extends in this behalf. 5. An account shall be kept of the amount earned by the ^j^M'ji'^atwn of labour of prisoners imprisoned in any common gaol, and such prJf,o„ers. amount shall be divided between the Province and the county in proportion to the amount contributed by them respectively towards the care and maintenance of the said prisoners ; the division shall be made by such officer, or other person or per- sons, and at such times as the Lieutenant-Governor in Council shall direct. 6. In the case of a county in which a city or separated town AppUefttion of is situate, the share of such earnings which the said city or town «^™^«:,„,^ty shall be entitled to receive from the county shall, in case the and city or councils are unable to agi-ee with respect thereto, be determined *"«"• annually by arbitration, according to the provisions of the Municipal Act. sented to 7th March, 1878.] h the advice and consent of y of the Province of Ontario, ■«W!RiftS^S^^*>ai^^41®^jrWS*;'«Sl»S«»*i^^ J '-.stf.-^^-iKvn^'^***^ INDEX TO MUNICIPAL MANUAL. PAGE Abandoned oil wells may be filled up 408 Absence, cause of vacation )f seat of Councillcjr, when Accidents by tire, investigation of, how made Coroner to investitjate, when allowance to Jury may be impannelled . . Jurors not attending, punishment for . . • • Municipality, when liable for ex- pense of . . . . • • • ■ Witnesses, attendance uf may be enforced . . • • • • • . • • Accidents from Threshing machines, how to be guarded against No action for services if Act not complied with Other penalties for non-compliance. . Accounts, audit of Accounts, what to be kept Administration of Justice and judicial proceedings . . • • Contracts void alike in law and equity Convictions under By-laws. . Form of ... Court Houses, gaols, and other places of imprisonment Erection and care of Who to be confined in 127,128,130,131 Expense of prisoners • • 130 Execution against municipal corpor- ations Proceedings thereon Municipal officers also officers of Court /„ ■_! Expenses of, Acts relating to (Part II) Expenses of in Criminal matters. See Expenses Fees of Counsel and other officers. Sec Fees of Counsel Expenditure of County Funds in certain cases of.— See Expendi- ture of County Funds. . 58 405 40« 407 406 406 407 406 393 394 394 78 107 117 122 120 120 126 127 121 121 122 447 459 447 466 PAUE Administration of Justice, etc. — Contd. Payment of Crown Witnesses — Sec Payment Forfeitures m certain cases.— See Fines and Forfeitures . . High Bailifls Houses of Correction Houses of Industry or Befuge Investigations into malfeasance of corporate officers Justices of the Peace Who are ex-officio. . Jurisdiction of Mayors in Cities viul Towns Jurisdiction of Justices in cases under By-laws... Lock-up Houses Penalties Recovery and Enforcement Offence against By-law . . Application Police Commissioners in Cities, Board of Board , members of Powers of, as to witnesses Quorum, who to be May license horses, cabs, &c. By-laws of, how authenticated and proved Infraction of, how punishable . Police Force in Cities and Towns. Appointment of . . Regulations for Duties of Remuneration of Constables in Towns where no Police Magistrate Dissolution of Present Boards Arrests without warrant . . Suspension from office . . Police office and Police Magistrate.. 122 Who to be clerk of .. ..123 Fosse Comitatiis, when Mayors may call out 132 Witnesaes and Jurors .. •■ 119 466 469 124 128 128 131 118 118 118 118 127 119 119 119 119 123 124 124 124 124 124 124 126 125 125 125 125 125 125 126 126 ■imJlgsmeff" ir~' 411+ INDEX. PAOE PAOK S 120 120 120 128 Adniinistratidn of Justice, c^.—tontd. Itfttepayers, members, othcers.Aic. of Cori)oriiti(jns as WitnosseB . . Liable to challenge as Jurors . . Compelling attendance of wit- nesses Workhouses Aftirmation.— &Vf Oaths. Attricultural and other Societies aid to 134 \ldemien, three to be elected for every ward in Cities. —See Cities. ... ^* Ale Houses. —-Sec Liquor. Alh.wances for Rt)ad8.-*c Highways and Bridges, powers of Councils over , Akoma, Municipal Institutions in. - ,SVe Municipal Institutions in Dis- Incts • • *1^>^^'' Alma Houses and Charitable Institu- tions, By-laws may be passed to establish .■;»»'•' Analytical Table of Contents of Muni- cipal Act . . Of Assessment Act Of Liquor Licenses Act ■ • Animals running at large. -See Pounds ... •: ••• •■• Anticipatory appropnations for deDts. —See By-law • . • • • • Appointment of membere if election neglected, &c. --See Vacancies in Council under Elections . . . . Appeals to and from Court of Revision. —See Court of Revision urukr As- sessment. , T • Appeal from convictions under Liquor Licenses Act, costs of . . Appeals from Equalization of Assess- ment— See Assessment Act ... And Amendment(41V., c. IJ) ... Appropriation of Fines.— -See Fines. . . Arbitrations under Municipal Act Appointment of Arbitrator BU)w appointed ... .•• Failure of parties to appoint Respecting real property . . Where several interests County Court Judge, when to nomi- nate .. •• Award, when to be made . . Certain persons disqualitied . . Procedure in cases of Oath of Arbitrator Proceedings Costs, power over Majority to decide Evideace where faled . . • • Award, when adoption by By-law required. . ••,.■.■,.." Award, how made and jurisdiction of Courts • • • • • • Arbitration, matters to be settled by. Liability of territory detached to 157 400 105 60 256 484 259 480 469 Arbitration, etc.—Conttwied. from one County annexed anothbr • • • • Existing debts in case of a town to be made a city Amount to be paid by Town to County for expenses of Adminis- tration of Justice • Amount of debts of To*n and Coimty on re-union Debts of union of Townships on dis- solution . . . • • •. • • 1 Liabilities and assets of Junior and Senior County in case of dissolu- tion. . Liability of cities aiid towns separ- ated from counties for erection and maintenance of CourtHouses Compensation for" use of Court House, &c., to county from city or town . . • . • • • • Compensation for lands taken by Corporation ; -„ ^" ' Value of works of Gas and Water Comi)anies when bough+ by Cor- poration . . • • • • .• • Joint Roads and Bridges, babilities of Municipalities for Materials taken for roads, cost of. . Entry on lands for purpose of taking gravel, &c.. .. •■ •• Township Roads, liability of Town- ships for • • • • . •.• Drainage— cost of, when Munici- pality charged with is disstisfied.. Drainage-— damages caused by, dis- putes as to. . . . • • Area of Townships and Villages, re- strictions as to ... .. Arrests by Police for breaches of peace, — -See Police . . • ■ • Ashes, removal of, to be regulated .. In Police Villages .. .. • Assessment— The Assessment Act Appeals from Court of Revision.— See Court of Revision below . . Appeals by non-residents to County Council . . • . • ■ Appeals from equalization of Assess- ments •■ •• See Amendment 41 V., c. 13. ... Arrears of taxes how to be collected 2b7 Collection of, in Cities and Towns 285 Duties of Treasurers Clerks and ^ Assessors as to.. . . 26< List of lands liable for tobe made by County Treasurer .. . . 26( Penalties for neglect of duties by Clerks .... • • • * • • • "Whole amount of must be paid at once , •• . • • Written statement of must be given if required . . 114 115 10 11 12 14 129 130 137 158 170 173 184 126 152 197 235 258 259 480 270 271 271 11 INDt.X. 405 ■Conttnned. junty annexed to n case of a town to ty paid by Town to spensea of Adminis- stice. . ibts of To*n and i-union of Townships on dis- assets of Junior and ,y in case of dissolu- PAOK \: ies aiid towns separ- sounties for erection Mice of CourtHouses 129 for" use of Court to county from city • 130 for luids taken by 137 IcB of Gas and Water when bough+ by Cor- 168 id Bridges, liabilities lities for . • !•♦> n for roads, cost of . . 170 } for purpose of taking . •• •• 170 is, liai9ility of Town- ,. .. .. •• 173 it of, when Munici- ;ed withisdisstisfied.. 184 mages caused by,di8- • • • • loO tiips and Villages, re- j to ... e for breaches of peace. e . . • ■ , •• of, to be regulated ... lages tie Assessment Act 1 Court of Revision.— of Revision below . . 266 on-residents to County 268 1 equalization of Assess- ^ 259 iment 41 v., c. 13. ... 480 ,xes how to be collected 26 1 of, in Cities and Towns 285 Treasurers Clerks and rs as to. . . . ■ • 26< ds liable for to be made ity Treasurer . . . . 267 for neglect of duties by 270 lount of must be paid at 271 statement of must be required . . ■ • 271 7 126 162 197 235 PAst<88mont. — ('oiitinucl. i AssessuiontCominiBsionersiii Cities, ftppointnient of. — /Sec Municipal Act . . . . 77 Assi'ssnient Districts 240 AsHOBsnient Rolls, contents of . . 241 Tenalty fornon-conipletion of .. 287 Wlien to bo completed . . 240 To whom to be delivered . . . . 260 When to be binding 255 A ssessors, duty of, as to lists of lands liable for taxes... .. 268 Assessors, duties of . . . . 241 Enquiries to be made by. . .. 240 Payment of moneys by, how com- pelled 287 Who to appoint 240 See Municipal Act . . . . 77 Hi )nds of oflicials to apply to School Monies 290 Business men, where to be assessed . . 247 Certiticate of Sale of Land for Tax- es, contents of . . 276 Cities and Towns, Time for taking Assessment in may be fixed . . 250 Collection of Arrears in . . . . 286 Clerical Errors may be corrected by Teasurer 272 Clerk of Court of Revision, who to be 261 Duties of 253 Clerk of municipality to be Clerk of Court of Revision 251 To be Clerk of Court of County Judge on appeal from Revision . . 256 To make out Collectors' Roll . . 263 Clerks of Municipalities, duties of, as to lists of land liable for taxes. 268 Collectors bound to account for moneys . . . . . . 289 Collectors, Appointment of.. .. 240 iiee Municipal Act 77 Duties of 264 Distress and sale by for non-pay- ment 265 May be compelled to pay over- proceedings to enforce . . 287 Collectors' Roll, who to make out — Contents 263 Entry on to be Evidence of de- mand . . . . 264 When to be returned . . 266 Corporations, personal property of, how assessed, . . 247 Responsible for Default of Treas- urer 290 Costs to be apportioned, how . . 267 County Council may regulate assess- ment by By-law, when . . . . 251 County Judge, powers of on Ap- peals 257, 269 County purposes, how sums to be raised for . . . . . . 260 I'AliK Aum^Hmimut. — ^ 'mil i mail . County rates how appnrtionod . . 250 County Treasurer, duty of ns to ar- Jenrs of taxes . . 2(S9 To keep list of lands on which taxes unpaid . . 271 When aloiio to receive taxes . . 270 Citnrt of Revision — Number niul who to form . . 251 Oath of Members 251 Quorum, three to be . . . . 261 Clerk of Court, who to bo . . 251 Meetings of Court . . 262 Powers of Court . . . . 252 Proceedings of Com-t . . 252 Notice of Complaint, what re- quired . . . . 252 If any Elector thinks any per- son assessed too high or too \oyr 262 List of Complaints to be posted 253 - ■ " ■ . . 263 .. 253 Duties of Clerk . Requisite preliminaries Proceedings when party assessed complains of over charge on personal property In other cases . . Time for concluding Powers to remit Taxes Court of Revision, Appeals from to County Judge Procedure on, Service of notice of appeal, how made Clerk of Court, who to be and duties Judge, powers of . . Costs to be apportioned by Judge what chargeable Decision of judge to be final. . Copy of roll to be transmitted by Clerk of Municipality to County Clerk . . Court of Revision, non-residents' Appeals, when to be brought on. Crown Lands, list of lands granted, when to be made and by whom. Deficiency in taxes, when Munici- pality liable for Dissolution of Union, assessment for year preceding Distress, when Treasurer may au- thorize Drainage, Assessment of land bene- fitted by— See Drainage Equalization of assessment to be made annually by County Coun- cil Local Municipality may appeal to County Judge Effect of Clerk of Municipality omitting to send copy of Roll 269 Valuators to attest report on oath 259 264 265 265 265 25<> 266 266 257 257 258 268 268 267 284 20 272 432 258 259 ^jf^^if^^liae^nimtp-imiiV.ivitilasv^tsram:^^-!-'^ 406 INDEX. 2G0 287 245 240 271 236 267 PAOB AssesBnit'iit..— Ood^iHued. Apportioinnent ..£ County Ratea, lu.w based •• •• ■• ^»; New Miiniwimlity— Case of .. ^»J County Clorks to certify to Clerks (,f local uiunicipalitios . . . ■ ^60 Execiitors—.S.'.' 'rmstoos . . • • 17J Exemptions from taxation, list ot idi Farmers' sons, resident, how assess- e,l ■^•*'* Liabie for statute labour, when. . 262 Fines and forfeitures, how recovered ^in Firemen not liabh- for statute la- bour ••,.•• • u Fraudulent assessuients.how punish- ed . . • ■ • • , • ■, Gardens, lawns and pleasure grounds, how to be assessed Income exempt from .assessment may bo assessed, when . , , ' ' Instalments, Taxes may be pHid by, when •• .„,. Interpretation . . • • ■ f ^V^ Joint Owners, personal property ot -J4» Land not assessed, proceedings in CA80 "Lands of Non-residents," meaning t . • • * ' List of lands granted, &o., to be furnished by Commissioner ot Crown Lands County Treasurer to send copies to Clerks of Local municipali- ties List of Lands three years in arrears for Taxes, to bo furnished by Treasurer . . ■ • • • • : Local Municipalities may appeal from assessments . . • • • • Mineral Lands, how to be valued Mode of assessment . . Owner but not occupant . . • Owner, non resident and un known . . Where to be assessed . . • Municipalities, liability of for moneys collected . . ■ ■ Neglect of duty by oflicers, penalty for . . • ■ •• , New Municipalities, how assess- ment of to be ascertained Non-resident, how noted in roll . . How personal property of, to be A8R6BB6d <■ ** ** May require their names to be entered on roll . . • • May appeal to County CouncU Non-payment by, proceedings on. 204 Notice of assessment o i , to be given by assessor ... • ■. , • ' i^. Notification to, what required . . ^64 Roll of to be made, when ^t>» See Statute Labour below. MUK 267 267 259 245 242, 246 242 242 242 290 286 259 244 248 236 258 Assessment.— C«ii Unions of Counties, distribution of in on disunion Non-resident lands . . • . ■ • Proceedings of Assessors when non-residents have not required their names to be entered on roll : Proceedings of Collector in same case ■ r 1 j' Application i>f surplus of lands sold ■ . • • Who may remit taxes . . Notices, penalty fi>r destroying . . Occupant, when to be returned as owner .. v, '" Owner's name, when land to be as- sessed in. . • ■ •,• Particulars required for assessors lists to be given in writing if required . . ■ . • • • • Penalty for false statement or not giving statement Partnerships, personal property of, how assessed ... • ■ •• Payment of money by officials, how enforced . . Personal property, mode of assess- ment of Under control of agents, assess- able When to be assessed Pretended receipts, how Treasurer must deal with . . . • Property, how to be estimated 285 286 28r) 283 246 246 265 242 242 249 249 247 288 246 240 242 272 244 rroperiy, ao« 1,1/ ^^ -""• ~ , OQ7 Property liable to taxation, defined SSI Provincial taxes, how levied Liability of officials f or . . liiability of treasurers for. . . . ic-ilway Companies, lands of, liable to taxation To furnish certain statements . . Rates, how to be estiirated. See Yearly Rates under By-l?w . . Rates may be recovered by action. . R«al property, mode of assessment of. 264 289 290 237 245 103 266 '. 242 INDEX. 4!)7 .•AUK tinned. ivhon land may be 242 and Fund, what to ^ • • • 28o I of Fund, how made 284 ssnablo on credit of 284 be supplied by Local ties . . ■ o^ uent of • ■ 284 )alitie8 ■ • 284 f, when to be aubmit- nty Council . • • '^^' II bo transmitted to al Secretary. . • • '^'^ low to be divided . . 28t) E)ercentage, how paid 285 lounties, distribution isunion • • '^^"^ ands 2'*'» of Assessors when nts have not required es to bo entered on ... 24« of Collector in same • • 2(55 of surplus of lands 266 iniit taxes . . • ^I? ty for destroying . . 2J0 Bu to be returned as I, when land to be as- ' 242 jquired for assessor's e i/iven in writing if _ 249 false statement or not itement • . • • 249 personal property of, .sed 247 if)ney by officials, how • • 288 [)erty, mode of assess- trol of agents, assess- ..240 5 assessed . . ■ • 242 ceipts, how Treasurer Jv^th 272 IV to be estimated . . 244 lie to taxation, defined 237 xes, how levied . . 264 E officials for . . • ■ 289 f treasurers for. . .. 290 ipanies, lands of, liable ion 237 certain statements . . 24o to be estiirated. See tes under By-l?w •• 1^3 e recovered by action . . 266 tv. mode of assessment . . . . 242 PAOB Assessment. —Cont'nmed. Uealty, in Ontario, owned out of it, assessable . . Kedemption of land sold. See Sale of lands below. Kemission of taxes, who may make Ivosponsibility of officers, provisions as to Salaries, where to bu assessed "iiiie of lands for taxes, when to be sold f or . . .Adjournment of Advertisement of, contents of ... Certain deeds validated . . Certificate of sale to be given, ef- fect of . . . . ■ • Chancery, when money for im- provements to be paid to Court of Contracts, certain, continued . . Council may extend time for pay- ment Deed of land sold, when to be given When must be registered to ob- tain priority When binding on all persons . . Ejectment, provisions as to costs in . . Expenses of, to be added to ar- rears If fee be in Crown If lands do not sell for full amount Improvements, when to |je allowed for . . Lands, what may be sold . . Lien on lands, what to be . . 281, 282 List of lands to be advertised, when Mode in which carried out Notice of, to be posted up " Original owners," meaning of. . Proceedings when lands in junior county . . Purchaser failing to pay purchase money, efiect of . . Purchaser to be deemed owner, when Redemption of lands, when may be effected . . .... Registration of deeds, requisites for PAOB 240 270 286 248 273 274 274 279 275 280 282 273 276 276 278 281 274 276 275 279 273 273 274 274 283 274 276 276 276 277 Rights of entry not to be conveyed 279 Separation of junior County . . 274 ' ' Tax purchaser," meaning of . . 283 Tender of arrears, effect of . . 276 Time of sale, when to be . . . . 274 Treasurer to enter descriptions of lands sold and conveyed in book "I 278 Treasurer's duty on receiving war- rant 273 Treasurer's emoluments . . . . 276 32 Assuasment. — Continnetl. Warden to give warrant to Trea- surer When liability boijins Schedule of forms Security to be niven by Treasurers and Collectors . . Several owners, when land occupied by, nioHiii«i'»*W :«*'!&"'" INDEX. PAUB ighway* and Bridgei l«ge»— Act reBpectina 479 ilatioM aa to with fires IM lay be required to be • • ^^ ection ofmuy beregu- • • ^^ M«. ■; •• IS 3B, what Councils may *^' 143 Councils to be exer- ;. ..84 lay alter or repeal . . 84 ion of |5 id Copies . . . . 85 facts for Lieutenant- r 86 f Ratepayers . . . . 86 how made . . 86 eflsful . . ■ ■ fn Electors . . 88 ^ preliminary to the voting to be by ballot 89 ite 89 reeholder . . . . 90 easeholder . . . . 91 jB after close of Poll . . 92 Proceedings . . . . 93 on application to County lUst pass when required letitioned against a of By-laws ation nt validity )?-laws roctcd ted for application w promulgated, time 94 96 gainst for corrupt prac- nd inquiry before County ti tUl after quashing and of Municipality for acts illegal By-law . . F amends.. )r which By-laws may be by the' following Coun- Tor detail aee pages given.) d Towns owns and Incorporated »s louncils, exclusive powers 98 164 149 169 PAOB By -laws. —CoHtiwied. Counties, Cities, separated Towns 146 Counties, Cities, Towns, Incorpo- rated Villages 138 Counties,Towiiships,Cities,Towns and Villages 132 Townshipx, Cities, Towns and In- corpf>rato(l Villa^ . . 139 Township Councils, exclusive powers . . . . 1 61 Continuance of existing . . 19 Convictions un,j .~«S.iniSild»!(^l*»«3«^»«!»««« 800 INDEX. TAor. 9M 133 110 261 137 138 138 198 27 215 122 27 60 218 120 »J.>iuiiiiimi<'iierii of Roads may be ay> |ioiiitu(l •,• Conniiiwii<«n» of Emiuiry into b iiinnceB. Sn' Finiinco • • • • Committees of Township and County Councils, remuneration to Mem- bers attending Commutation of Statute Labotir. Me Asseaxment. ■ • ■ ■ ConuHiwation for luuds taken, how fixed Title to, how acquired Application oi piirchase «"""? JL •.• Confirming and saving clausesof Muni- cipal Act • • • • • • Constables. See Police, under Ad- ministration of J ustice . . In Districts .. • • • • •• Contracts by Members of Corporations void, when • • • • Contractors not to be Members of Council . . • • ~ ^. ■ ■ Controverted Elections. Hee Elections below In Districts Convictions under By-laws, form of^ Convictions. .See Liquor .. J^u, JO^ Coroners, duty of in enforcing pay- ment by Sheriffs. See Assess- ment K ;. .rporate names of Corporations . . Corporate powers, Council to exercise Corporation Surveyor, appointment of by By-law Corrupt Practices. See Elections . . Councils (Municipal). How composed Members • • ..~ "■ Certificate of quahfication re- quired in Counties, In Cities, in Towns, in Incorpo- rated Villages . . . . • • ^ • • In Townships, in Provisional Cor- porations Qualification • • ■ ■ Nature of Estate t.i be possessed Where no Assessment Roll Where only one qualified person Of Trustees of Police Villages . . Disqualifications ISxemptions . . • • ., ' Juriadiction of Councils . . Sec also Meetings of Councils. Municipal Institutions in Districts. Officers of Councils. Police Villages. Power of Councils. Remuneration of Township and County Councillors. Resignation of Members of Coun- Couubel, fees of, in administration of Justice '»*" 288 5 6 157 64 22 22 23 24 26 26 26 26 26 26 27 27 27 Counties : New Counties, how formed . . • Seniority of Counties, how regulated What laws applicable to unions of County Councils, exclusive jiowers of County Council may contract extra debts not exceeding in any year $20,000 •• County FiiniU, Exi»enditure of in cer- tain cases Accounts, how audited .. •• Clerk of the Peace, duty of as to audit • •« ■ ■ 1 Fees, when payable bv County . . Treasurer of County, duty of ... Court Houses. See Administration of Justice . . • • ■ • , . ■ ' Courts of Revision and appeal from Revision. See Assessment . . Courts, place of holding in Junior County after separation • • Criminal Matters, expenses o»j *hat payable out of Consolidated Revenue Fund Audit of Accounts . • • • Crown Witnesses, when allowed ex- penses, ^'ee Act respectuig .. Cruelty to Animals, By-laws may be passed for preventing . . • • Current Expenses, sums may be bor- rowed to meet . . 101 12« 251 lit 46*) 110 Date from which taxes imp'>8ed in each year .. ••• •• Debentures, how to be executel . . Not to be for less than for one hun- dred dollars • • Restrictions as to Banking. 104 115 117 11" Kestnctions as w i^niti^'-'B • • , ^.. When valid without coi-porate seal, llo ll^i lit) 116 116 116 Full amount recoverable Want to form not to invalidate Transfer of, if registered, by Trea- surer, how made . . • ■ - Debenture Registry Book, what to be kept ... • • , '•" Debenturts for local improvements m Cities and Towns. Form of pres- cribed • • • • _,•; Debentures for Tile Dranage-^ee Tile Dranage •;• . ■'■ Debentures to be according to terms of By-law .. •• • „ /j Debentures outstivnding not affected by Assessment Act ... ^w Debentures issuable on credit of Non-R«8ident Land Fund . . 284 Debentures, Registration of. Act Kes- pecting-5ee Registration of Debentures . . • • • • f ^;; Debts, Report of to be made yearly. . lOJ K^^S INDKX. :)Ul I , howformeil. . I"> ntiitiuB, hi)W regnlatutl I .") •plicablu to unions of 15 oxchisive jiowitb of liV.l may contract extra exceeding in any 00() 101 Expenditure of in cor- w audited • • 457 Peace, diity of ai to ayablo by County . . 46U County, duty of ...458 See Administration of .. l'-i«i Bion and appeal from Sre Assessment . . 251 [)f holding in Junior ifter separation 1!> ers, expenses of, what out of Consolidated B'und 4r.l» ccounts . . 45ii ses, when allowed ex- ^ee Act respecting . . 4«i»» imals, By-laws may be or preventing . . . . 141 ses, sums may be bor- meet 11<» hich taxes imp'Mied in low to be execute! r less than for one hun- I OS to Banking . . without corporate seal. it recoverable rm not to invalidate . . ', if registered, by Trea- iw made . . jgistry Book, what to be )r local improvements in d Towns. Form of pres- ] )r Tile Dranage — See Tile > be according to verms r . . .. ■ ■ • • 1 mtsttvnding not affected fiment Act _ ••• ■ issuable on credit of esident Land Fund . . ' tlegistration of, Act Res- ; — See Registration of lures t of to be made yearly . . lit) 116 20 20 20 20 21 m 105 io:< 107 09 81 203 27«1 219 10'.> Debts and liinbilitios of Onions nt time of disHoliition III cHKo of erection of Village, Town, or City . . Ill uiisu of an extension of limits of Villttj^o, Town or City DubunturuH to issuu for uiid to hind old and new Muiiiuiiinlities . . All spociiil rates to be lovicid by new CoriM (rations Scf Ity-LiiwH creating Debts Hy-laws iiiiiking anticipatory appro priations By-laws ruspictin^ yearly Ilatus. . Finances Declarations of OtHco, what Reijuirud, and how made 54, 70 No busiuHSs to he done before De- clarations taken Penaltv for refusing to mitke Declarations of overcharge — See Forms to Assessment Act. Deed of lamlH sold for taxes — See Sales for Taxes under Assess- ment Act. Doer, Hunting of, for exportation for- bidden ... 487 Deputy -Reeves, number of. ... 23, 24 Qualitication for 20 Deputy Retiring Oftioers — See Elec- tions 33 Destitute Insane Persons, Support of 234 Clerk of Peace to return account of money necessary to support. 234 Witnesses may be summoned be- fore Grand Jury Destruction of Wolves — Act for Dirt, removal of, by-laws to enforce Disorderly Houses, By-laws to sup press . . Disclaimer of Oftioe Disqualifications for Elections toCoun- cUs . . 27 Distress for Taxes. See Assessment. 265, 272 Distress from Penalties. See Liquor. 31 > Districts, Municipal Institutions in. See Municipal Institutions in Districts 210 Ditching Water Courses, Act respecting 4 16 Act to amend (41 V. , c. 12) ... 480 Division Court Bailiffs disqualified to be Members of Councils . . 27 Double Tracks on Snow Roads. See Highways 363 Docks, Harbours, &c., By-laws to purchase . . 138 Dogs, Annual Tax on, amount of . . 395 Proceedings to collect . . . . 396 Protection of sheep from. See Sheep, protection of . . . . 397 Restraint of dogs used to hunt Deer 487 I'AtlK I'AtiK Dogs, regulations iM to may be niado I II Drniiiuge, what Miiiiici|ialiiieit in ly piUM Hy-laws for . . 135 Drainai;e Works, expenditure of piil)- lie money on ... 4:<0 Apjieals troiii assessment, tn wh nil made . 4113 Arbitration in ro){ard to. . 431, 441 AHU-HHiiiellt of liUldit lieiietlttoil, how made . . 4(2 AsHesHiiieiit Roll, registration of. 437 ItouiidariuH, Disputes as to, how settled 441 Commissioner of Public Works, when he may undertake . . 431 County Judge, roll to be deposited with 441 Municipalities, Assessment of. when two or more honefitt -d . . 44 1 Rent charge imposed, coUdctioii of 438 Discharge of, to be re^iitered . . 439 Investment in Tile Drainage —.Sec Tile Dranage 470 Investment of Public Money in De- bentures for . . 443 Commissioner of Public Works, tluty of . . 443 Investment, how made . . 444 Schedule, forms of affidavits . . 445 Treasurer of Municipality, duty of ... 444 Drainage Improvements, mode of pro- viding for in Townships, Cities, Towns and Villages 178 When work may be carried out- side of Municipalitv . . . . 183 When lands outside Municii)ality m'ly be charged. . . . 18S When drains used by others. Lia- bility how ascertained . . .. 185 Drainage By-laws under 520th section j of Municipal Act do not re- quire to be voted on by Elec- j tors 100 ' Drivers too drunk to manage their horses. See Hij^hways ... 360 { Driving on Roads and Bridges may be ; regulated by by-law, when . . 135 Driving on sidewalks forbidden . . 151 Drunkenness, By-laws to prevent ... 144 Drunkards may be sent to House of Industry. 131 Duck, close season for. See Oame . . 485 234 427 163 144 63 J! Eating Housp. See Liquor ... ... 304 Educational purposes, what moneys may be set apart for . . 108 Egress from Public Buildiir^s, .\ct respecting . . . . 39i Elections and Electors (Municipal) 28 wfte •f '. :r '"ri-iiirfMlBr-Tf --— y ~— — «' 502 INDEX. PAdK PAf, Sched. B) Mayor of city one vote for Mayor, Reeve, or Deputy Reeve in t4>wns, one vote f(»r Penalty for voting twice Nomination, when to be . . Proceedings at . . Place f()r voting, where to be Poll Book to bo used for new Municipality Form of Polling-places to have com()art- menta Remote Townships, time may be loiigtheiiod in . . Returning Ofticer to preside Voters' lists, what must be used.. Copies of to be given t() De- puty Returning (.)flicer8 . . . In cases of added territory how to be made out When to be made by Clerk of Municipality Proceedings at poll, . . Agents, candidates may under- take duties of . . Ballot Papers, how long to be re- tained Inspection of, how obtained. Casting Vote, when Clerk to have. Certificate of SUte of to be given, when . • Clerk of Municipality, ex[ienses to be refunded Clerk of Municipality to declare Election Counting the Vote, mode of Deputy-Returning Officer, duties of at opening poll duties of at closing poll Elector, mode of voting by . See correction ofmitfrint in iUv. atat(idi)iwtl. Kotuming OlHoers and Duputy-Ue- lurning OtHuors . . 9!l Aiipointmunt of ... .. Hll Absence of provided for 1)4 Powers of to keep peace ... M Time and place of holding elec- tiiuis, how tixed ... 31 Wards, when Townships may 1)0 divided into 1)3 Not to be held in taverim 33 Vitcanoies in Council : Insolvency or crime . . . . 68 New election provided for . . 50 (^ui Warranto proceedings authorized . . ... 69 Resignation, when iill>>wed. . 59 Rec|uisite number, how supplied GO Electors 28 Joint owners, how rating to be di- vided 31 New Municipalities, requisites in . , 30 New Territory, cases of provided for. 30 Owner and occupant severally as- sessed 31 C Freehold . . . . ) Qualifications of \ """''^•'"W I 28 ^ 1 Income i ( Farmers' >Sons. . J Rating, amount of necessary . . 30 Voters' Lists, elector must be named in . . 30 Elections in Districts . . . . 211 Electors in Arrears for Taxes may be disnualified 146 Electors on By-laws, who entitled to bo. — See By-laws above . . 89 Embezzlements by Municipal Officers. 82 Employment of persons without walls of Qaols, Act respecting 491 Lieut. -Oovernor may authorize 491 Discipline to be kept up . . 491 Application of earnings ... 491 Engineers, what Councils may appoint 146 Enlargeu:ent of area. — See Extension below. Epidemic. Se.e Public Health ... 379 Equalization of assessment. — See As- sessment 258 Erection of Villages — of ViUa^^es into Towns, of Towns into Cities . . 6, 9 Estimates to be made yearly by Coun- cils 103 Evidence. — See Witnesses. Executions against Municipalities Proceedings thereon . . 121 SheriflF, duty of 131 Exemption of Firemen. i%e Firemen 232 Exemptions from Election to Councils 22 Of Manufactories from taxation . . 106 Of certain persons as jurors, excep- tion 120 Exemptions from Tolls — See Highways 361 rAnn Exhibitions. — -Vfc Hhows 143 Existing (7orpw |>aid 457 Accounts against County how and when audited ... .. ... 4o7 To bo sent to Clerk of Peace quar- terly 457 Duties of Clerk of Peace at audit. 467 Order of payment of . . . . 468 Orders or che(iues of Hoard of Au- dit re(iuiaitu8 for . . 468 Items (Uh dlowed by Prov, Treas. to bo deducted from next account. 458 Doubtful items miiy bo held tiver . . 468 County Treasurer, his duty . . 468 Expenses of Administration of Jus- tice in Criminal matters. Act respecting ... . . 469 Certain fees payable out of Con. Rev. Fund 469 Auditing of accounts provided for.. 460 Schedule of fees allowed to Sheriff.. 460 Coroner 461 Clerk of the Peace . . 461 Constable 464 Crier 465 Other matters 466 Extension of limits of Corporation 7, 9, 20 f. 301 413 243 28 262 Fairs and Exhibitions. See Liquors... Fallen trees, removal of. »SFeeline fences Farmers' Sons, Assessment of. See Assessment As Electors Statute Labour, liability of for. See Assessment Fees of Counsel and other officers in Criminal and Exchequer Cases. 447 1 Of Counsel, how fixed ... 447 Schedules of, allowed to following officers... ... 448 Clerks of the Peace 460 Constables . . ... ... 465 Conmors . . 460 Criers ... ... 456 Sheriffs 448 Under chap. 86, p. 457, the above fees are payable in the first in- stance out of County Funds. See Expenditure of County Funds li^. ■ •*-*»w5B^&:®S5;g8s- mf^A-lb- '-^j 'fs s.':- 504 INDEX. PAOE FellowshiiiB, scholarships, &c. , by-laws to establish 148 Felony, costs of officers in prosecu- tions for, when to be borne by county 457 Fences, may be regulated by by-law. . . 142 Fences. See Line Fences . . . . 409 Fence \ iewors. See Line Fences . . . 410 Water Courses 417 Pounds 404 Ferries, what Councils may license.... 147 Ferry, exclusive privileges of may be granted 84 Filth in Streets, what Councils may pass by-laws as to ... .. 142 Finance under Municipal Act Accounts and Investments 107 Accounts for Special Rate and Sinking Fund 107 Surplus on Special Rate, ap plication of 108 '« " " in- vestment of .. ... 108 General Surplus, application of. 108 Uniiuthorised application, lia- bility for 109 Yearly Returns to Government. 109 Commission of Inquiry into Fin- ancos, when it may issue, and expenses thereof, how provided for 110 Fines and Forfeitures, appropriation of in certain cases 469 Fines and Penalties, recovery, enforce ment and application of, under Municipal Act 119, 135 Fines and Penalties, what Municipali- ties may inflict 135 Fire, Accidents by. See: Accidents by fire, investigation of 405 Fire Companies, formation of, how effected 232 by-laws to ;>romote . . 152 Fire Districts — S'ee Forests below ... 487 Fires, by-laws for preventing and en- forcing assistance at in Police VUlages 152 Firemen exempted from serving as jurors 232 as constables 233 from statute labour, when. . . 233 iSee Assessment Act 60 Firing of guns, &c. , by-laws to prevent 161 Footpaths on Highways may be set apart 177 Forestalling, regrating or monopoly of market produce, by-laws to prevent ... 150 Forests, Act to preserve from destruc- tion by fire 488 Fire Districts maybe proclaimed ... 488 Publication thereof 488 Revocation 488 PAQB Forests, etc. — Continued. Fires not to be started in districts except for certain purposes . . Precautions in clearing land in case of cooking, etc. ... Heads of parties to read Act to em- ployees ... Precautions as to locomotives duty of engine-drivers Penalty for non-compliance Government agents to enforce Act Frauds by Officers. -S'ee Embezzlement See Assessment Fur-bearing anauiiles, close season fur, &c, ... Furious Driving. See Drivers and Driving G. Gambling and Gaming Houses, By- Laws to suppress . . Game, Protection of* . . Various kinds of protected enu- merated and close seasons for de- fined Possession during such periods, how far lawful . . Protection of eggs . . Batteries, etc., for wild-fowl for- bidden Fur-bearing animals, close season for . . Imported Game for breeding not to be killed . . Hunting deer for exportation for- bidden Trapping forbidden Poison not to be used Penalties for offences Confiscation of game Gaols. — See Administration of Justice. Gaol Surgeon, appointment of One dollar may be paid to for ex- amination of each prisoner Gaolers disqualified as Members of Councils .. .. Gaoler to have yearly salary and no fees.. Gaols and Court Houses, provisions as to Liability of Municipalities for, on separation of unions how de- termined. . . Employment of persons without walls Persons in prison, how affected by separation.. Sheriflfs to have charge of 488 488 489 489 489 489 490 490 286 486 144 485 485 485 485 485 485 486 487 48( 48( 48( 12f 141 44 12 12 4{ 11 • By 41 F. c. 18, «. 1 (p. 485), Rev. Stat. c. 2( is repealed. The referencet here are titerefore the former Act. The latter can be teen at p. 421 &"»«ste>wsisrR>ai'W!SS3Wi*^ls^^ INDEX. PAOE tc. — Cmitinued. A to be started in districts ept for certain purposes . . 488 ions in clearing land . . . 488 le of cooking, etc 489 )f parties to read Act to em- yees ... . . • • • • ^"' ions as to locomotives . . 489 of engine-drivers 489 r for non-compliance . . . 490 ment agents to enforce Act 490 ' Officers. See Embezzlement essment 286 ng anamiles, close season for, ... 486 Driving. See Drivers and iving O. / and Gaming Houses, By- 8 to suppress 144 rotection of* . . • • 485 IS kinds of protected enu- ated and close seasons for de- j ..485 ision during such periods, how- lawful *85 jtion of eggs . . . . • ■ 485 lies, etc., for wild-fowl for- ien .. 485 earing animals, close season • • 486 rted Game for breeding not to killed ..486 ing deer for exportation for- den 487 >ing forbidden 485 n not to be used • ' f ?« Ities for offences 486 Bcation of game . • • ^f -See Administration of Justice. 126 iirgeon, appointment of • • 146 dollar may be paid to forex- ination of each prisoner . . 448 I disqualified as Members of uncils ... 27 to have yearly salary and no a .. 129 nd Court Houses, provisions as 127 ility of Municipalities for, on separation of unions how de- termined ■ • 129 iloyment of persons without lUs • .,;■ *®^ ions in prison, how affected by paration.. 1^ fiffs to have charge of 129 41 r. c. 18, «. 1 (p. 485), Rev. Stat. c. 200, lUd. The reference here are tliereforeto ier Act. Tfie latter can be Been at p. 422. PAGE GardenB,Lawns and Pleasure Grounds, ^ assessment of.— ^ee Assessment... 24o Gardens.— 5ee Parks .. .. • • loO Clas or Water Works, by-laws when , debt contracted to be repayable . 9.> ({as and Water Companies may be authorized . . • ■ • • ^44 (Jas and Water, provisions for supply- ing.. •• •• ,■ • .■■• If gas or water company already m- corporated, requisites ^oJ Requisites for by-law for . . . . 157 Graves, by-laws for protection of , may be passed •• •• ;4o Gunpowder, care of may be regulated loi How to be kept in Police Villages. . 177 Guns and Fire-Arms.— 5ec Firing of Guns '. ^51 H. 60S PAQB 171 171 170 170 170 169 Harbours, docks.— 5ee By-laws re- specting .. ••„•,• • "° Hawkers and Pedlars, By-laws to license . . . • ■• ■ : 1*4 Hay, Straw, &c., in Police Villages. . 197 Heads of Councils, present continued D Who to be, and duties of . . • • ^^ I Election oi.—See Warden . . • • »» ] Remuneration of J^ To preside at meetings . . • • 7" To summon special meetings ... 70 Absence of, provided f or . . " " I, May vote on all questions .. 'l May administer oaths in certain cases , ■ • . ' Ko Resignation of Mayor, Warden, &c. 5» To be ex-officio Just'cea of the Peace 118 Health Officers, members of certain Councils to be J*^ High Bailifis, appointment of. . . . 1^4 Highways.Actsrespecting— 5eeDouble Tracks on Snow Roads • . *^ Exemption from Tolls • • 361 Planting of trees on ^ Travelluig on Highways ^o» ^fao Canada thistles ' fri Traction engines ^60 Highways and Bridges, powe.s of Councils as to, defined . . . . lo^ General Provisions relating to— County roads and bridges dehned. 164 Dominion roads not to be inter- fered with u Oaths in disputes concerning, who may administer j Public Roads not to be interfered with .•• 166 Registration of By-laws opening roads .. .. •• ■ \f. Repairfi of, who liable for . . lo* Width of Roads fixed . . 167 Highways and JinAget.-Cimtinucd. Counties, Towns, Cities, and Vil- lages, general powers asto . . i«" Aid may be granted for making.. 172 Allowances for, when may bo sold 17U Possession of when unopened, how far legal . . • ■ • • By-laws for opening, notice ot re(iuirod Road CompaniiB, granting pnvi- I leges to . . . . .■ • J ■ ' I Taking materials, ' etiuisites tor . . I Timber on may be sold, when ... Tolls, what Councils may require. When right of may be granted 170 County Coimcils, powers of as to, enumerated By-laws of, for road improve- ments. retiuisitos • • ■ • County Roads, powers of County Councils over .. ••• ■• ' Townships, Cities, Towns and Vil- lages, powers of as to ... Joint works, how executed New Roads, when grants for may be given . . ■ • • " " » u ' " Township Roads, repair of, how enforced . . • • County Judge, duties of • • Township Councils, powers of as to Mineral Rights on, how they m»y be ViUage Roads,' when they may be sold . . • • • ■ " i. " Horse Racing, By-laws to Prevent .. Horse Thieves, rewards for appre- hension of may be offered • • Horticultural Societies may be aided bv Councils . • • • • ; Householder defined for purposes of Municipal Act . . • • • • Houses of Correction may be estab- lished, how Houses of ill-fame. By-laws to sup- press • • • • ■ . ■ ■ V." Houses of Industry or Refuge may be established. -.See Administration of Justice... ••• •• Hucksters, trafBc by, regulated 172 172 172 172 173 176 177 177 144 166 134 31 128 144 128 160 1. Immorality and Indecency, prevention ^^ Importuning traveller^ ^^''^'^^r.Hn.; vi imprisonment, by-laws for inflicting 13(> Improvements by either County of a 1 union, how effected ... • • I'*" 1 Income, how assessed.-See Assess- I ment : ^*^ 1 Incorporated Companies, assessment I of.— (See Assessment ■«'*< sE«8ateP*s'*?^ws8^*5rr-- *:S'ii«lV^:'-?^'- =t*n'^S'S-^ L:,^^^^fe!a^i^-^ifeai^ ^>^^ ^ ^,^fe.i; ^ ^t^ j ^ 506 INDEX. PAGE Iiicorporftted Villages.— iStee Villages Incorporation of Municipalities Villages Towns and Cities Townships Counties Incorporations existing continued Indecent writings, exposure, &o. Industrial Farms may be established Industry.— iSee House of Industry . Infonnant to get moiety of tines, when 119 Informations under Liquor Licenses Act Injuries to property, ^y-laws as to may be passed . . Innkeepers disqualified from bemg members I . Council Inoculation. — iifei^ V^accination Inquiry into Finances, when Commis- sion for may i(,sie. — See Fi- nance Insane Destitute Persohs —8e« Desti- tute Insane Persons . . Insectivorous Birds, Protection of. — /See Birds Amendment of law as to (41 V. c.22) 487 Inspecting Trustee in Police Villages 192 Inspectors of House of Industry, what Councils may appoint . . Inspectors of Licenses. — A'ee Liquor. Inspectors of Tile Drainage . . Intelligence Offices may be licensed, where Interments may be regulated by by- law Interpretation : Assessment Act Liquor License Act . . Municipal Act Temperance Act Intoxicating Drinks — sale of to chil- dren — by-laws to prevent Intoxicating Liquor. — See Liquor. Intoxicating Jiiquors, Sale of regu- lated. — See Liquor. Investigation of accidents by Fire, Act respecting. — See Accidents by Fire Investments, Members of Corpora- tions not to be party to Investment of moneys. — See Finance Issue of Licenses 5 6 9 12 15 5 144 156 128 321 143 27 385 110 234 416 146 299 472 165 151 236 297 4 340 144 405 109 107 299,345 Joint Jurisdiction over roads. . Junior township, when village con- sidered as 1 When it maybe separated from union Junior County, which county to be in union jf Counties Separation of united Counties . . 119 166 120 130 PAGE Jurisdiction of Councils Confined to municipality . . . . 84 General power to make regulations 84 To be exercised by by-law . . 84 Jurisdiction of Justices under by-laws 118 In cases not specially provided for 118 For recovery and enforcement of penalties.. Transfer of powers of Justices in Sessions to County Council ... Jui-ors, who may be challenged in municipal suits Justice may direct imprisonment in certain cases May commit to House of Indus- try, when • . 131 Justices of the Peace 118 Who are ex-offioio. . . . 118 No (jualification required . . . 118 Jurisdiction of ..118 L. Ladders to houses, by-laws to compel 152 Land outside limits, may be acquired, when Landmarks and monuments to mark boundaries Levels of cellars may be regulated by by-law Liabilities of corporations contiinued in case of formation of village, town, city, or separation of Counties . . License Commissioners. See Liquor 298 License Fund. See Liquor . . 308, 481 Licenses. See Liquor 296 Lime, in Police Villages, regulations respecting Line Fences, duties of adjoining own- ers as to . . Appeals, to whom to be made Dispute between owners, how justed . . . . Fence viewers, proceedings of "Occupied Lands " defined (Amend- ment 41 V., c. 10) Registration of award, effect of Of ato^eement, effect of . . Removal of fences, when permitted 412 .414 .. 413 166 13 15 16 ad- 189 145 20 197 409 412 479 411 412 Schedule of forms Trees, who to remove fallen Liquor : Liquor Licenses, Act respecting (Amendment 41 V. , c. 14) . . Accommodation, what required Amendments allowed when . . See 41 v., c. 13, s. 9 Appeals, right of given, when Brewers, when they may sell keep for sale, liquor repayment to . . or 296 481 304 322 484 319 310 481 INDEX. 507 lea 130 in 130 PAGE ^ncils jiicipality . . . . 84 fo make regulations 84 ' by by-law . . 84 {iticea under by-lawa 118 9cially provided fur 118 uid enforcement of . . 11» lowers of J'tstices in )ounty Council be v-hallenged in lits ^t impriBoiiment |to House of Indui- 131 face 118 ioio.. .. 118 on required ... 118 f 118 L. , by-laws to compel 152 8, may be acquired, 189 nonuments to mark 145 may be regulated 164 porations continued 6 irmation of village, , or separation of 20 ioners. See Liquor 208 ee Liquor . . 308, 481 l"or 2% tillages, regulations .197 ;es of adjoining otvn- 409 >m to be made ..412 in owners, how ad- 410 [)roceedings of . . 41U is " dotinoi (Amend- , c. 10) . . 479 award, effect of . . 411 , effect of . . . . 412 »B, when permitted 412 as 414 smove fallen . . 413 , Act respecting . . 296 F.,c. 14) .. ..481 , what required . . 304 owed when. . . . 322 3,8.9 484 t given, when . . 319 they may sell or 9, liquor . . 310 o 481 PAO£ PAOK Liqiuir. — Cohtimied. Chemists may keep liquors for sale and may sell when Civil remedies against Tavern- keepers, &o County Judge, powers of, as to revocation of licenses . . Closing of places where liquor is kept Continuation of existing licenses, may be for how long . . Costs on appeal from conviction Distillers, when they may sell or keep for sale, liquor Duties payable for licenses. . Eating-house, tavern to be. . Evidence, provisions as to . . Expense of canying out, how to be borne Exposure of Licenses required Fairs and Exhibitions, no license to be granted for sale of liquors during Forms, slight variance from, not material . . Schedule of Fund for prosecutions, how to be formed . . Informations, alterations in 311 325 316 311 303 484 310 307 304 322 482 309 301 321 331 316 321 Inspector of licenses, appointment of 299 301 he License not to be issued to Inspector to be indemnified if fails to obtain conviction Inspector's negligence, investigation of Inspector's report on licenses, ef- fect of . . Interpretation Issue of licenses, when may \te Keeping liquor for sale unless li- censed, forbidden License Commissioners, Board of, how appointed . . License not to issue to . . Powers of . . License not to be issued for pre- mises owned by . . License District, embracing a City or Town withdrawn, expenses how borne License Fund, what to constitute . . Provision respecting repayment . . Licenses, how issued Municipal Prohibition of the Sale of Liquors, Act respecting. See below "TheTemperance Act" 340 Native wines, certain manufacturers not required to have license . . 306 Notice of being licensed to be ex- hibited 310 New license, when may be granted 307 Officers to enforce law, appointment and duties of 327 309 316 300 297 299 310 298 301 298 301 483 308 481 300 Liquor. — Contimied. Penalties for offences prescribed Recovery of, by distress . . Remission of, not allowed Application of Petition for license required Population, number of, how deter- j mined i Previous conviction, procedure ui ' case of . . Prosecutions, procedure on . . Removal of license, provisions in case of . . Right of search granted Sales of liquors unless licensed, forbidden Security to be eiven for license, amount required Ships in port, sales of liquor in, pro- hibited Shop license, not to authorize con- sumption of liquors on pre- mises To whom to be given, and number of Tavern licenses, number of, to be issued Council may limit. . Temperance Acts, municipalities un- der, how affected Transfer of licenses, how affected . . Unorganized districts, provisic^ns as to Vessel licenses, moneys received for, to whom to belong Vessel licenses, under what direction to be issued Wholesale licenses not to authorize consumption of liquors on pre- mises Regulations as to Witnesses may be compelled to give evidence . . Local Prohibition, provisions as to " Temperance Act " By-laws for carrying into effect, pro- visions as to 341, 352 Concurrence of neighbouring muni- cipalities, how obtained Convictions not to be removed by Certiorari . . ... Distillers and brewers may sell cer- tain quantities while by-law in force Forms, Schedule of Interpretation Issue of licenses forbidden while by- law in force Liquor License Act, to apply, how 353 See Liquor Licenses 330 Merchants may sell certain quanti- ties while by-law in force ... 346 Municipal Act, to apply, how ... 352 312 315 315 310 300 :102 320 317 306 327 311 304 311 312 306 302 303 331 306 328 309 300 312 30« 325 340 345 352 346 353 340 345 "■^tfKttir - ' !««i}s' jsanK3r',-,^--^na.r^,-- •sssSf... )08 INDEX. PAOR Local Prohibition. — Cimtinued. .Municipalities may pass by-laws pro- hibiting sale of liquors 340 Procedure recjuirod 341 Offences and penalties • . 347 Penalties, application of 351 Prosecutions, provisions as to ... 347 Repeal of by-law, how and when ef- fected 343 Itesult of passing of by-law as to is- suing of licenses • . 346 When by-law to come int» force ... 344 Witness compelled to answer . . 349 Livery horses, &c., County Council may license 159 j Livery stables, who to license 124 j Loans. See By-laws creating debts, | Debentures, Debts Local Boards of Health. See Public Health 380 Local improvement debentures 116, 160 Local improvements in cities, towns, and villages. Councils may pass by-laws for ... . ■ ... 187 Petitions for required, but may be dispensed with .. . . ... 188 By either county of a union . 100 Lock-up houses. See Administration of Justice 127 In districts 216 Lord's Day, Profanation of, forbidden 373 Action against officers, &c., notice oftobegiven .. 375 Indians, Act not to extend to ... 376 Limitation of time for prosecution. . . 376 Meetings and amusements forbidden 373 Penalties, how recovered 374 Sales on, forbidden 373 To be void 374 Schedule, Form of Conviction ... 376 Tender of amends, effect of 376 M. Malfeasance of officers, when investi- gation into may be ordered . . . 131 County Judge, powers of, on en- quiry . . ... 131 Manufactories may be exempted from taxation.. 105 Dangerous may be prevented ... 162 Markets, what Council may pass by- laws to regulate 149 Materials for roads, searching for and | taking, right of 170 | Right of entry and price to be set- j tied by arbitration 170, Mayor, qualificati 15 Collector, his returns and powers 216 Sales for taxes, mode of Constables, appointment of, in • • Controverted elections, trial ot Council of, first election Subse»iuent Elections, first election Elections after the first Who qualified to vote .. Qualification of Councillor Place and conduct of elections . . Nomination of Rfieve and Council- When falls on Christmas day, pro- vision Clerk to preside at . . Polling day, when to be . . ,:•-;; Lock uJUL, tftablish'ne'lt of in 215 " Municipal Act " to apply to mum- cipalities and councils .. • • ^i-» Certain sections enumerated .. ^SJO To apply to police viUages in dis- tricts •• Oraanization of Townships in •• Area and population retiuired . . Stipendiary Magistrate to call a public meeting • • •. • To provide for first election .. Preliminary meeting, proceed- ings at First election Council, of what to be compos- ed . . / • • • Qualifications of voters Komination • • Proceedings at election ' 0,0 First meeting of Council . . •• ^^^ Clerk, Treasurer, and Collector, appointment and remuneration ^^^ Police Villages in districts. Erection of villages into .. ■ ■ 7,:% Qualification of electors .. ■ i\% Of police trustees . - . . ^ao Powers of Councils in districts VAUI Municipal Institutious.-r.mfm..../. Qualification of Electors. S^^ Elections... ... .,;„1V«2 8 Reeves to be Justices of the Peace 21 8 Sales for Taxes. See Collection of Taxes, above.. 215 Tavern Licenses in .• " oi« Union of Municipalities . • • ^ j» Vacancy in Council, how hUed 218 Municipal Loan Fund, Mumcipalit es indebted to, to make Annual Returns to Provincial Treasurer KM) Municipal Prohibition of Sale of Li- quors " Temperance Act. .iee ^^ Liquor • • • • , ' " Municipality liable for acts done under illegal By-laws . • • «>» Muskoka, Municipal Inst!*"*?^"' f- See Municipal Institutions in Districts . . N. 5 5 211 General powers of.. ■ ' ' Municipal Act " to apply to To fix time for making assessment 214 213 213 To levy rates To regulate tavern licenses To appoint Auctioneers, &c. To appoint and remove con- stables ■ • • • To establish a lock-up house . . Presiding officer at meetings ot Council , who to be 214 215 215 Names of Municipal Corporations de- fined ■ ■ . • • Of Provisional Corporations .. •• Naming Streets, By-laws may be ^^ passed for . . • • ,^».. Native Wines. .Jee Liquor .. •••»"' Sew Corporation- Matters consequent on formation : ., . , * oi Assessment, how collected . . ■ ■ ^l Collectors of, who to be . . • ■ < ' Special rates, how collected •■ ^^ Moneys, how to be disposed of .. u By-laws existing on dissolution, con- ^^ tinuance of • • • • „- Councils and officers, who to be .. ^l LiabiUty of sureties for .. ■• Debts existing on dissolution, Ua- bilityfor.. •• . .; ■ "' In cases of extension of limits, liability for • . ••. "on Debentures for, who may issue . . 20 See Elections • • • • ' ' oj) Electors . . •• • • • ■ ,, NeA Cities, how incorporated • . •' New Counties, how formed .. •• ^ New Police Villages, how formed . . 192 New Townships.. • . V " n New Towns, how incorporated jcrProvisional County Corpora- ^^ tions • • . ^ .• ■ Ninissine, Municipal Institutions in. P^'ee Municipal Institutions m Districts.. ■ 'la Nomination. Sec Elections .• J» Non-residents, Assessmont of. See Non-Residents, under Assess- ^^^ Non-reTident" Land Fund. See Assess- ^^ ment 510 INDEX. PAOK Notices and Signs, By-laws to prevent destruction of . . • . • • As to Notices on Bridges. *ee Highways and Bridges • • • Nuisances, abatement of may be by By-law ii 1 ■ " Numbering houses and lots, By-laws as to 143 153 PAOE 85 153 162 133 118 Act 312 .. 347 Oaths. See Elections— OflBcers. Objections to by-laws. See by-laws above. •Obstruction of roads and streets may be prevented Obstruction of streams may be regula- ted by Township Councils Obtaining property, what Councils may pass by-laws for Offences against by-laws— prosecutions for .. ■•-•■■ Offences against Liquor Licenses Against Temperance Act Officers of Corporations. Continuance of Appointment of Agsessors and collectors Appointment of . . (See Assessment Act Assessment Commissioners, ap- pointment of ■■,,.■■ Provisional Council, collector for, who to be Auditors and Audit. Appointment and duties . ■ Statements by, directions as to City of Toronto, special enact- ment relating to •• Annual report by, when to be made . - The Clerk, duties of City Clerk to make certain returns • • • • : ■ County Clerk to make certain returns .; a " ' Retention of moneys if returns not made . • • • • • Return of ratepayers, when to be made by and to whom Contents of The Head, who to be «' duties . •• Treasurer, appointment, duties. . Security given by to be annual- ly examined . . • • • • Statement of assets by, to be < made half yearly Valuators. Appointment of . . Criminal liabilities of.. •■ ■• Duties of as to oaths and declara- tions . . 77 Officers of Corporations.— ContinHed. Embezzlement by ' * *• ' ' Executions againts corporations, duties of officers Gratuity may be given to . • Neglect to carry out by-law for paying a debt under colour ot illegal repeal Oaths and declarations by. . Who may administer . . • Penalty for refusing office or to administer declarations Salaries, how fixed . . • • • • Security for, certain corporations may be . . • • . " ' Tenure of office, term of . . • • Officers, appointment of cettain, what Councils may pass by-laws for . . Official declarations. See Declarations 64,79 Official salaries exempt from taxation, when • • •• , ■ ■ Oil wells may be filled up when aban- doned — proceedings Omnibuses, who to license Orchards. See Gardens. Ordnance roads, lands, etc., not to be interfered with unless by consent of Dominion • • Ornamental trees, regulations as to may be made Overseers of Highways may be ap- pointed by by-law . . . • • Duty of as to thistles. *ee Canada Thistles 82 122 82 102 79 91 81 82 82 82 133 77 79 75 74 238 408 124 167 136 133 370 75 Parks, purchase of land for and estab- lishment of by by-law .. ■• Parry Sound, municipal institutions in. See Municipal Institutions in Districts •• •• Partnerships, assessment of. See As- sessment • • • • Party walls, by-laws to enforce erec- tion of ■ . • • • • • : Payment of members of county and towD'jhip councils Of mivyors, etc. .. ••» . ' Pay^neiit of Crown witnesses, Act re- bijcting Peddlers, by-laws to license .. ■• Penalties— recovery, enforcement, and application, when offence against bv-law under Municipal Act . . I n.ler Assessment Act 249, 270, 287, 290 Lnder Liquor Licenses Act.. •• ;»1^ I Under Temperance Act . . ■ • o&l Personal property. See Assessment. Pits and precipices, and other danger- ous places on roads, by-laws to regulate •• ••. , " ' ieij Plans of buildings may be required . . 1&4 156 210 247 152 70 70 466 147 119 PAOE ^rationB. — OontinHed. [it by .. .. •• « againts corporations, I of officers AO y be given to . . . . oi carry out by-law for a a debt under colour of 1 repeal. •102 declarations by . . va ay administer . . . . »i r refusing office or to nister declarations .. 81 wfixed .. . •• ®2 or, certain corporations 82 office, term of .. . ®^ intmentofcettain, what may pass by-laws for ..133 •ations. See Declarations 64,79 BB exempt from taxation, f be filled up when aban- —proceedings ' " f^ ivho to license • • 1** !(ee Gardens. ids, lands, etc., not to be jd with unless by consent inion 1"' trees, regulations as to made 13* t Highways may be ap- by by-law 133 s to thistles. See Canada . . 370 hase of land for and estab- it of by by-law •loo ad, municipal institutions le Municipal Institutions in ts ^1^ 38, assessment of. See As- nt 247 B, by-laws to enforce erec- I 152 if members of county and lip councils . . • . "In if Grown witnesses, Act re- ug 466 by-laws to license .. ■ j ^^'^ -recovery, enforcement, and ation, when oflfence against V under Municipal Act . . 119 cessment Act 249, 270, 287, 290 Liquor Licenses Act.. •• 31^ Cemperance Act . . • • 361 property. See Assessment. 3recipices, and other danger- places on roads, by-laws to ate • ■ buildings may be required . . 154 INDEX. fAQK 511 l>AUK 401 404 406 Planting trees on highways. Sea High ways. ■ "-^ J ■ ■ Pleasure-grounds. .See Gardens. Police. Hee Administration of Justice. PoUce, by-laws for may be passed in cities and towns • • ■ • Police villages, formation of . . ■■ ' Trustees and election thereof . • J Duties ■ . • • : • ' ■ , Regulations to be enforced in . • ; Penalties, who to sue for in Sale of roads in Police Villages in Distnots . . • • Polling Sub-divisions, what councils may establish • ,•. Posie Comitate, when mayor may caU Poor^and'destitute, by-laws to aid To establish alms-houses for •• May be sent to House of Industry Pounds, by-laws may be passed to re- gulate Pounds, Act respecting • • Clerk of Municipality, duty of . . Damage done by animaU, who liable f OF Fence viewers to appraise damages Impounder to give statement to pound-keeper .. ••- ,„„j" Penalties, how recovered, enforced, SaJ^of a£ld«tained,howeflfecte^i 403 Stray animals, when they may be detained . . • ■ , ' j WTiat animals may be impounded Powen of councils, particulars enum- erated of in Cities and towns . . •• : • Cities, towns, and incorporated vU- lanes County Councils, exclusive powers Counties, cities, separated *<>*«»•• Counties, cities, towns, incorporated villages . . •.• • • " j County, township, city, town, and villase Township councib", exclusive powers Preventing fires,' what regulations as to permitted • • • • Prisoners, eflfect of separation of coun- ties on .• •• . • Privv vaults, by-laws respecting .. P^eTngs'of councils. See Meetings of Councils. May be regulated by by-l«^ •• Profanation of Loi ds Day. See Lord's Dav Professors,' etc., in Universities, etc., exempt from serving in municipal offices 485 487 397 290 19 402 401 Prosecutionsunder Liquor Licenses Act 317 Under Temperance Act • • ■ • Protection of game. See «»«"«. J^T"- tection of and note in index ad loc Protection of Forests from Fire-.>ee Forests • • „ • • ,, ' ' Protection of Sheep . See Sheep, Pro- tectton of . . • •. noA Provincial Taxes. See .Assessment, 2M, Provisional County Corporations . . . Courts, where to be held . . •• Indictable offences, how to be dis- LiabSitTes andas8ets;howto be fixed Officials, when to be appointed .. Provisionally Permanently ■• •jj„.„i',l" I Process, execution of after dissolu- I Provisional Council, what to oe ... Powers of When not to vote.. ••• 1 Separation, terms and time ol ... ' United Cointies, how separation of effected .. ••• ••• .■": Public Buildings, egress from. Act respecting Public fairs, what Councils may regu- late • • ■ ".■, Public health, what Councils may regulate •• ••• . •• * '" Public health , Act respecting . . • • Oentrnl Board of Health, appoint- ment of •• ■■■ Powers of, as to regulations, &c. Epidemic, what provisions may be promulgated, if likelihood of ... I Interpretation •• ••• •• I Lieutenant-Governor, powers of .. 1 Proclamations of Lieutenant-Gover- nor to be published ••• . ••• Local Boards of Health, appomt- ment of • •;• ',' Until appointment of local board, healtli officers to act as such ... Expenses of local boards, how paid 383 Medical practitioners may be order- ed to examine ... Municipal health officers Who shall be Powers of ... •••. Penalties and prosecutions ... • ■ Removal of inhabitants of a house, whf n it may be compelled . . • Public meetings, how to be called . . . Chairman, duties of, at ... •• Disaimuig of persons carrying wea- How^u"eetings may lie brought with- in Act Limitation of actions Notices required ... 159 I 144 I 138 j 133 161 84 ". 373 1» 17 16 17 18 16 16 17 17 16 392 148 151 377 380 381 379 378 379 383 380 381 378 378 378 378 384 379 225 228 229 226 229 226 1 1 %■ J .512 INDEX. PAOB Public Meotings. — CmUinued. OifencoB and penalties 220 Schedule of forms 230 Public morals, certain i)y-laws may be passed to regulate 144 Public roads. See Highways and Bridges. Public vehicles, licensing of 124 Public works, purchase of 102 Purchasers of lands sold for taxes. See Sales for Taxes under Assess- ment. Purchasing wot lands, what munici- palities may pass by-laws for ... 130 Q. Qualifications for Electors at Munici- pal Elections For members of Councils Quashing cf, by - laws. See By - laws above Queen v. Severn — Amendment to Li- cense Act not be deemed ac- quiescense in . . Quorum in Councils. See Meetings of Councils . . Of Board of Commissioners of Po- lice Quo Warranto in cases of Controver- ted elections R. llacing. See Horse- Racing . . Uailways, powers of Councils as to . . When head of Council to be ex-offieio director . . Ilates. See By-laws respecting yearly Rates Redemption of land sold for Taxes. See Assessment . . Reeves. See Heads of Counties. Registrars in new Counties, appoint- ment of Registration of By-laws for opening roads liegistration of Municipal Debentures, Act respecting . . Returns required under Provincial Secretary to compile tables from Returns . . Registrar to file by-laws and keep books Names of holders to be registered if required Certification of by-laws Books 4&c. , of Registrar to be open to inspection Fees of Registrar Regrating. See Monopolies . . (ieniuneration of County and Town- ship Councillors and Mayors. See Payment 28 26 26 482 70 124 59 144 190 191 103 276 17 168 219 220 220 221 221 221 221 221 150 70 PAIIK Rent of market stalls, sale of meat distrained for .,. ..151 Repeal of by-laws. -See By-laws above 84, 101 'V«e Temperance Act 343 Report to be made yearly by Council of Debts due 109 Resignation of Mayors, Wardens, &c. 59 Vacancies, how filled . . 58 Returning Officers. See Elections. 33 Returns required to be made by City, • Town, Village and Township Clerks to Provincial Treasurer, 73 By Township, Village and Town Clerks to County Clerk 73 By County, City and Town Clerks to Provincial Secretary ... 75 Bv Provincial Secretary to House, 75 Afoneys to be retained if returns not made 75 Revision of Assessment Rolls. See Court of Revision under Ass- essment 251 Rewards to Persons distinguishing themselves at fires 152 Right of search. See Liquor. . . . 327 Riots at Elections. See Elections . . 54 Rivers, &c. See Harbours 138 Roads. See Highways and Bridges. Road Commissioners and Surveyors, appointment of 133 8. 81 Salaries of Officers, how fixed Sale of land for taxes. See under As- sessment Act Sale of Market Produce, Ac. , by-laws to regulate Of produce, &o., in streets. . Sales of liquor unless licensed forbid- den Schools — High Schools, what Councils may acquire lands for What Councils may aid What Councils may support pupils at What Councils may endow fellow- ships for pupils of Schools, land may be acquired for, how Seed, penalty for selling when mixed with Canada Thistle Seniority of Counties, Townships, &c. , united . . 14, 16 Separation of Counties.. See Dissolu- tion Wider Unions of Counties, 16 Of Townships. See Townships . . 13 Separate improvements by United Counties . . Sewerage and Drainage may bo re- gulated by by-law 273 160 149 311 148 148 111 372 160 154 INDEX. >\:i 251 PAtlK stalls, sale of meat for 151 . -See By-laws above 84, 101 J Act 343 le yearly by Council le 109 ayors, Wardens, &c. 59 filled . . 58 •». See Elections. 33 to be made by City, llage and Township 'rovincial Treasurer, 73 Village and Town Joiinty Clerk 73 ty and Town Clerks ial Secretary ... 75 Secretary to House, 75 stained if returns not 75 L'ssment Rolls. See levision under Ass- "sons distinguishing at fires 15'J See Liquor. . . . 327 I. See Elections . . 54 Harbours 138 iways and Bridges. ners and Surveyors, lit of 133 S. B, how fixed 81 ixes. See under As- ct 273 roduce, Ac. , by-laws I 150 ., in streets. . . . 149 less licensed forbid- 311 ihools, what Councils e lands for 147 may aid 147 may support pupils 148 may endow fellow- ipilsof 148 ay be acquired for, Ill selling when mixed a Thistle .. ..372 lies, Townships, &c. , 14, 15 mties.. See Dissolu- Unions of Counties, 16 See Townships . . 13 sments by United 160 rivinage may bo re- by-law 154 I'MIE (if may 143 397 397 397 ! 398 I 398 I 398 398 399 399 399 399 400 17 18 121 129 Shade Trees, encouragement be given... Sheei>, protection of ... •.• •• Dogs seen wonying may bo killed. . Plea to action for killing a dog . . . Persons owning dogs addicted to worrying may be summoned . . . Proceedings thereon Liability of owner of dog to owner of sheep killed Dogs known to worry sheep must be killed by owner Provision where conviction but no distress • • ■ Owner of dog not known Council to award compensation ... Claims thereafter to belong to Council , ■ • Owner of sheep, cases where no right to compensation Dog tax dispensed with, owners of sheep may still proceed Sherifl. . ^ ^ Appointment of for Junior County, Service of executions, etc., in hands of Sheriff of Senior County at time of dissolution Duties of in case of executions against Municipalities... To have care of Gaol ••• Ships in port, sales of liquor in for- bidden Shop license . . ••• ,••,.•; Shows, may be licensed and regulated by certain Councils Sidewalks— 5ce Footpaths . Driving upon may be forbidden . . Removal of snow, &c., from may be directed Sign Boai-ls.— i'fie Notices. Sinking Fu.id for Municipal Debts— See By-laws creating debts ^■ee Reduction of Rates .. --- Slaughter Houses, by-lawfor regulating 161 Snow, ice, and dirt, removal of may be ordered Snow Roads— i"ee Highways . . Special meetings to pass by-laws - See By-laws Statute Labour, liability to— .See As- sessment . . ; ■ J il ■ Statute Labour to be regulated by Township Councils Statutes Referred to. 3 V. c. 74 C. S. C. c. 39 B. 1 •; == • 29-30 V. c. 51, sees. 52, 53, and 56 . sees. 187, 188.. sec. 217 sees. 218, 219.. sec. 356 (27) • . sec, 409 sees. 414, 416 . . 88 311 306 143 177 151 153 99 106 I'AltK. Stealing Election douumonts, &c., imnishmont . ■ Stipuiuliiiry Magistrate -.Stv Munici- pal Institutions ill Districts . . iW Stoves, Chimneys. iVc. by-laws t(. regulate . . • ■ : ■ '•''* Stove pipes, regulations as to, in Police Villages.. •• ^^' Straw, Hay. &c., regulations for care of in Police Villages . . l\)t Streams and water courses, obstruc- tions in , «" Streets, by-laws may be passed for sweeping, lighting.aiid watering, when , •■ ^''•' Sureties of oihcers how affected by dissolution of unions. . . ;■ ^'^ By-laws for regulating may bo passed ' a- ■ \' See Responsibility of othcials under Assessment Surgeons of gaols, what Councils may appoint l*** See Gaol Surgeons. Suq)lus, when applicable to next year's interest . . . ■ • • W Investment of, what authorized. 108 Surveys, when application for may be made • • • '^*" Surveyor, appointment of Corpor- ation .•• 7oo By-laws to appoint Road Surveyors 166 161 Tainted meat, seizure of, by-laws for ^^" Tavern Licenses. See Liquor •• ^ Tax on dogs. Act respecting . . ■ i^^ Tax Deeds, when to bo registered . . J77 Taxes, Sales of land for. See Assess- Taxes, Saley of land for. «ee Town- ship Municipalities in Districts 210 Collection of, &c. See Assessment passim „ " ' ■ Payable by instalments. See Assess- ment • • ^~z Temperance Act. See Liquor 331, 340 Temperance Laws, may be enforced, how • • • • • • Thistles. See Canada Thistles . . 370 Threshing Machines, to be protected so as to prevent injury . . o9d Thunder Bay.— Municipal Institutions in. See Municipal Institutions in Districts ' V. u " " ^^^ Tile Dranage— investment in Deben- tures for • • *' " Township Councils may borrow money for and issue debentures 47U Requisites for passing of by law.. 470 ..-TIW-T liiiTI I « 514 INDEX. I'AOE Tilo Draiimgo. — Gontinued. Fonn» of Duboiitures ami CoiiiHins 471, 477 Form of By-law . . 471, 475 Application to be niado by Council for 8alo of ilubi'utiu'ua . . Conimisaiunur of Agriciilturo to roport thereon Aaaessed ouiier of land may apply for loan Council may issue debentures ... How and to whom loans made ... How indebtedness may be dis- charged Debentures may be purchased out of Consolidated Rev. Fund Inspector of Tile Dranitge to be appointed To report on work done Special annual rates on lands for which money loaned Returns to Lieut. -Governor re- quired from Municipal Council In case of default Council to col- lect deficiency as a tux . . Arrears, a lirst charge on Town- ship funds Penalty on officers paying out funds when Township in de- fault Penalty on Reeve or Councillor disregarding Act Affidavits before whom to be sworn .. Tolls on Roads, when may be required 169 Exemption from. See Highways . . 361 Towns, Incorporation of, conditions of Census may be taken when. . Restrictions as to area Limits of, extension, how procured. Withdrawal from jurisdiction of County . . Liability of Town and County, how adjusted Effect of Proclamation for with- drawal Property, ownership of Towu after withdrawal Reimion of Town with County after five years Wards, pumber of Towns to be Counties for certain pur- poses, .^ee Court Houses and Gaols Townships : Incorporation and annexation of, to a County Formation of Unions of Townships. . Junior Township, how it may sepa- rated Disposition of property on Dissolu- tion of a Union . . 13 I'ADK 471 471 471 472 472 473 472 472 472 473 473 473 474 474 474 474 129 To w iiships. — Continued. Union of now Townships . . . . 14 Seniority of Townships of Union, how regulated 14 Liability for debts prior to incor- poration 20 Liability for debts prior to erection into a City 20 Debts and Assessments before disso- lution of Townships . . . . 20 Officers and their sureties on disso- lution (»f Townships . . 20 Townships in Districts, ike Municipal Institutions in Districts . . 210 Township Councils, exclusive powers of 101 Powers of as to Tile Drainage . . 470 Traction Engines on Highways, Act respecting 365 Bridges to be strengthened . . 366 Conditions on which allowed . . 365 Penalties 367 Provision as to Toll-roads . . . . 366 Traffic on streets may be regulated . . 155 Tramways, Council may authorize . . 191 Transfer of Licenses, ^ee Lin which allowed 366 360 366 367 360 155 191 300 155 to ToU-roada . . its may be regulated . . uicil may authorize . . ienaea. ^ee Liijuor [era may be licensed . . -lawa may be paased to importuning . . . . 151 Highways. See High- 359 : Officers : to, how punishable . . 369 on Highways, how en- i 368 who to have . . . . 370 fallen, by whom to be 413 192 66 15 16 16 16 17 17 17 f property of Union on 18 and serrice of legal on 18 i place of trial . . 18, 19 iasolution on officers and retiea . , . . . . 21 ible to Union of Coun- 15 lice Villages, ^ee Police U. ce. See Elections ties : f ted at of assets and liabili- ion of complete separa- ent of County officials, INDKX. Unions of Conntiea.impn.vomcnts how oHoctwl .. .. ■• ,.''•'' University of Toronto, FollowalupH may l)o u8tftbli»liocl at . . . . I4n Unorganized Districts, 8alo of Liijuors in . . J^» Upper Canada CoUogc, Fellowships may bo oBtabliBhod at . . . . 148 I'AdK V. Sve 58 Villages.— ''<"«'»»'"'''• , , , If within two t'ountioa, wliun' ti. Uv aiinexwl . . Liability of territory tletachoil, liow ni'ttlod Liability as to debts prior to foniia- tiou Liability for debts prior to erection into a Town . . • • • Voting on By-laws. Sn- By-laws above. W. H 20 20 Vacancies in Councils, how hlled Elections Vacant (Jround. See Gardens. Vacant Lots near Market, By-laws for preventing selling of meat Vacant Lots, Councils may enclose . . Vaccination, Trustees of Hospitals, etc., Duty of as to • • Cities to employ medical practition- ers . • ■ • ■• Compulsory vaccination onforcou . . Penalty for non-coinpliance Schedule of forms ■ Vagrants, By-laws for restraining and punishing . ■ ■ • " ' , ,o May be sent to House of Industry 128 Valuators, appointment and duties of. See Assessment Act . . • • Iq Vehicles, what Councils may Liconso 158 Venue in judicial proceedings in Uni- ted Counties After separation Vessel Licenses for sale of liquor Victualling Houses, what Corporations may license Village, incorporation of Corporate name Additions to, how made Area of, how limited How reduced . . Disposition of property on separa- tion from Township . • 150 152 385 387 387 389 391 146 16 18 309 140 6 5 8 7 Water, establishment of public wells. Ac, permitted ^'*'' Water Courses, Act respecting .- 41» (Amended U V.,e..\'2) 480 Adjoining owners to construct . . 410 Appeal, to whom t