IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 m 112.5 150 156 9t»m _.5^„ Ui 112 110 2.2 2.0 1.8 lA. il.6 ^_ VI -# <^ inotographic Sciences Corpcration m ^31 V V ^ .V #> ^/^. <^. -o ;\ 1" 23 u/KT MA!^ StRliT WiBSTIfr.N.Y. 14580 (716) 873-4S03 4^ 'gafai(.iifl3 fi^»iJS&Mi:-^^-f^^^iti&^ ~, iMt^...-- WITH A COPIOUS INDEX. THE ACTS FOR THE ERECTION QV MUNICIPAL CORPORATIONS. AND THE ESTABLISHMENT OF POLICE REGULATIONS IN UPPER CANADA, 12 Victoria, C^iaps. 80 & 81. I ■r V TORONTO: PlllNTKB nv STEWAar DKRDtSHIRK AND UEnWOK Ut:8BAftAT8, Law rrinterlo iho Uuron's Most EitCcllrnt Majfgly. * * I860. %A e.MS:-smmi»^ IT w ^_ .J ERRATA. -!* » Sec. 11, Note— Counties, read townships. .' 16. For fifty, read one hundred (.ee Sec. 11-enor of parchmaut- -. t A/y^ 1 ll «4^'^»>;^{^H N ) i . i ",' — -«™'"" VI COLLECTOR, one for each Municipality.— sec. 28, p. 23. To shew on his Roll amount of assessed value of real and personal property and sum assessed.— sec. 120, p. 7*. Duty of as respects Execution rates in obedience to Sheriff's precept. — sec. 179, p. 97. CONTROVERTED ELECTIONS, triable by Writ of Quo War- ranto from Queen's Bench.— sec. 146, p. 83. Proceedings thereon.-secs. 147, 148, 149, 150, 151,152 and 153, pp. 84 and 85. CORONER ; one or more to be appointed for each City and Town- sec. 136, p. 79. COUNCILLORS of Township or Ward to be elected on first Monday in January in each year.— sec. 21, p. 21. To be elected by freeholders or householders on Collector's Roll.— sec. 22, p. 21. Must be assessed for rateable real property in his own or hia wife's right, as proprietor or tenant, to the value of £100. —sec. 22, p. 22. Five to be elected on the first Monday in January and continue in office till third Monday in January of following year, —sec. 23, p. 22. Where to meet after election. — sec. 24, p. 22. To elect a TJovvnreeve, and also a Deputy whore there are five hundred electors. — sec. 24, p. 22. May adjourn their meetings from time to time.— sec. 2.5, p. 22. To hold meetings where they shall themselves appoint. — sec. 26, p. 23. At their meetings to be presided over by Townreeve.— sec. 27, p. 23. To audit accounts chargeable against Township. — sec. 29, p. 23. Their powers in the making of By-Laws as a municipality.— aec. 31, pp. 24 to 30, inclusive. For Counties, their powers. — sec. 32, p. 30. Powers of, for Cities, to be the same as exercised by Town Council. — sec. 106, p. 70. Purposes for which may make By-Laws.— sec. 107, pp. 70 and 71. COUNTIES, incorporated, and powers of the inhabitants thereupon, sec. 32, p. 30. Composition of Municipal Council.— sec. 33, p. 30. Where Council shall meet. — sec. 34, p. 30. lit iS« ,1 ' -ij j Mm -ww^w— 'mi mftimi i' ^ ich City and Town* VU COUNTIES— A Warden to be appointed. — sec. 35, p. 31. Powers and duties of Municipal Councils for Counties.— secB. 36, 37, 38, 39, 40. pp. 31 to 33 inclusive. Enumeration ofpurposes for which Municipal Councils may make By-laws. — sec. 41, p. 33 to 38. Warden shall be the Head of Council.— sec. 108, p. 71. CROWN : None can vote, or be elected or appointed under this Act who shall not at thetime be a natural born or naturalized Subject of the Crown and 21 years of age.— sec. 121, p. 75. DEBENTURES or Promissory Notes,— Corporation may issue new ones for redemption or gradual extinction of any grant- ed by any Corporation before 1st Jan. 1849.— sec. 182, p. 100. But may not issue any under £25, unless for an ex- press purpose, under the authority of a By-Law sanctioned by the Governor,— sec. 183, p. 100. DISQUALIFICATIONS of certain persons for election as Aldermen or Councillors.— sec. 132, p. 79. , ^ a ELECTION: If person appointed to take the same be dead or absent, electors present on the appointed day may elect a Returning Officer for themselves.— sec. 154, p. 86. Hours of election to be from 1 1 to 4 p. m., on the first day— from 10 to 4 on the following day ; but election may be closed on either day if one hour elapse without a vote given. — sec. 159, p. 88. Duty of Returning Officer at.— sec. 160, p. 89. If person elected refuse to serve, a Warrant for a new election must issue. — sec. 162, p. 90. To fill up vacancies in Corporation.— sec. 163, p. 90. Special, upon vacancy occurring, to have four days public notice. — sec. 164, p. 90. In case no election shall take place when appointei what shall be done.— sec. 165, p. 90. EMBEZZLEMENT: what shall be deemed under this Act, and how punished. — sec. 174, p. 93. i EXECUTION : Writ of against Corporation— duty of Sheriff [ thereon. — sec. 179, p. 96. EXEMPTIONS from election to OfRce under this Act, sec. 131, p. 78. FERRIES : Governor to regulate such as this Act does not place under jurisdiction of Corporations.— sec. 145, p. »d. [gaols, belonging to Counties, when used by City or Town Corporations situr te within the limits of such Counties or on the borders, compensation, to be awarded by arbitra ors, must be paid to the County Corporation.— sec. 20U, p. luy. I i!M |JuiMy » «i. i ii;tf i i i*i >i m li I It i vui RUNPOWDER-Corporations may buy real property within or ^^^^^"teyond their limits for the safestormg of.-sec. U2, p. 82. uPATTH OFFICERS, Police Trustees and Members of all Cor- "^porations under this Act, to be,- and may delegate their powers.— sec. 137, p. 80. HIGH BAILIFF, to be appointed annually by City Corporation.— sec. 88, p. 65. To summon Grand and Petit Jurors for Cities.-secs. 06 and 97, p. 67. Ma> be suspended by Recorder in certain cases.— sec. 102, p. 68. HIGHWAYS: Powers of Magistrates in Quarter Sessions as to Highways, Bridges, &c., henceforth vested m Municipal Corporation.— sec. 190, p. 103. TWrnRPORATED VILLAGES : like powers as are conferred iNCORPORAlbU ^^T^^^„,hips extended to Villages named iu Schedule A, viz: Chippawa, Gait, Oshawa, Pans, Richmond, Thorold.— sec. 52, p. 44. Five"Councillors to be chosen on the first Monday in January in every year.— sec. 53, p. 44. A Townreeve to U chosen from the Councillors, ibid. Who shall be Returning Officer for.-secs. 44 to 47, p. 45. Police or other Village, Hamlet or Place, when it shall num- ber 1000 inhabitants may by Proclamation of Governor bo erected into.— sec. 48, p. 46. Duties and powers of Municipalities of, similar to those of Township Municipalities,— sec. 49, p. 47. By-laws relating to.-sec. 60, pp. 47 to 54 inclusive. INDUSTRIAL FARM : Corporation may buy la.id to establish beyond their limits.-sec.-139, p. SO.-Offende™ may be committed to hard labour on.— sec. 140, p. 81. INTERPRETATION CLAUSE as to meaning of the wori « Governor" and words importing the singularnumberand masculine gender. — sec. 110, p. 116. JUSTICES OF THE PEACE for County to have no jurisdiction over offences committed in any City, but may endorse warrants as usual. — sec. 86, p. 64. all commissions of, issued for a town, cease and determine when that town becomes erected into a city.— sec, »7, p. oa. Qualification of.— sec. 135, p. 79. ^ MU V property within or of.— sec. U2, p. 82. ^ Members of all Cor- id m&y delegate their City Corporation. — Cities.— sees. 06 and tain cases. — sec. 102, uarter Sessions as to vested in Municipal srs as are conferred 1 to Villages named ia I alt, Oshawa, Paris, ■St Monday in January ouncillors, ibid. -sees. 44 to 47, p. 45. ce, when it shall num- lamation of Governor of, similar to those of p. 47. 54 inclusive. buy la.id to establish I. 80.— Offenders may Bc. 140, p. 81. meaning of the word Ihe singular number and [6. y to have no jurisdiction City, but may endorse • 1, cease and determine jacity.— sec, 87, p.65. MAYOR, ex officio, Justice of Peace for County.— sec. 109, p. 71. * Absence for three months, without authority to vacate Office. , — sec. 110, p. 71. [MISDEMEANOR: shail be deemed guilty of. Members of Cor- * poration seeking to evade By-Law for payment of mterest and principal of debt contracted. — sec. 178, p. 96. All persons issuing Bonds, Bills, Debentures, &c. contrary to the provisions of this Act. — sec. 184, p. 101. lUNICIPAL CORPORATION : Who shall be the Head of Corporation. — sec. 108, p. 71. Absence for three months without authority, to vacate Office. — sec. 110, p. 71. Mayresign, with consent of Corporation.— sec. Ill, ?• 72. Member of Corporation becoming insolvent, to cease to be Member.— sec. 112, p. 72. Head of Corporation, may administer Oath.— sec. 113, p. 72. Membersof existing Corporations, to continue in Office till fourth Monday in January, 18d0.— sec. 114, p. 7^. May petition Governor in Council, to enlarge boundaries and alter division of Wards of Towns and Villages.— sec. 115. p. 73. Not to grant exclusive right to exercise any trade ; but may have exclusive right to certain Femes.— sec. llo p. ta. To be « Health Officers," but may delegate their powers.— sec. 137, p. 80. appropriations and reservations for Market places, vested in. — sec. 138, p. 80. May purchase landed property beyond limits of Town or City for an industrial Farm, which shall be deenied within limits and under municipal jurisdiction.— sec. 139, p. SU. May purchase real property beyond or within its limits for one or more Cemeteries ; but purchase t.uisl be sanctioned by a By-Law, which shall not be liable to repeal, nor can the property be otherwise appropriated.— sec. 141, p. 81. And have the like power of purchase for Gunpowder Maga- zines. — sec. 142, p. 82. To hold office until successors are sworn in and the new Cor- poration completed. — sec. 167, p. 91. Majority of whole number to form a quorum for dispatch of busine3s.-8ec. 168, p. 91. If Chairman be absent a tempo- rary one may be elected.- tiW. Majority of members present always to decide-the Chairman giving only the casting vote. — ibid. i-^T^P^^JHWO ->■■" E .•■/ iMuuijfei^m'.i.'my' j' *•*• VJ- T'. -Ms M 3 k i^i MUNICIPAL CORPORATION- JT ,riprk who shall hold office at their pleasure, ^'anTbe' pal5 sa£y'o"t of ta. on the whole rateable property. —sec. 169, p. 92. , , rr Created under this Act to be in the place and stead of former ^'Co poration., and to have all their powers, l.abtos, and obligations as to suits previously commenced, &c.-8ec. 175 n 94". Duty of ^0 assume and provide for payment of debts due by localities over which preside.-sec. 176, p. 94. Duty of to levy sufficient^ money to pay all debts, and as to loans.— sec. 177, p. 95. Members of seekln;^ to evade payment of a loan created by any By-Law, guilty of a mi«demea.ior.-8ec. 178, p. 96. To submit to Governor General annual account of debts and means of liqu:dalioP.— sec. 180, p. 98. On petition of one-third of the member., Governor mf.y ap- point Commissioners of Inquiry u,to the financ.al and mon- etary affai.s, &c. of Corporation.— sec. iSl, p. Jfi. Mode of proceedin-^ with respect^o debts due before Ist Jany. 1849.— sec. 182, p. 99. May not act as BunUer«, nor issue notes to pass as money, nor Jve any bond or obligation under £25^ excepting as ex- cepted in thia section.- sec. 18J, p. lUU. Making or uttering Bonds contra-y to this Act, a misdemeanor. —sec. 184, p. 101. , , . Officers and members of may b., witnesses and Jo.ors m casci whore the Corporation is concerned as a party.— sec 186, p. 102. , Cannot lawfully stop up any original nllowunce for Roads.- sec. 1187, p. m. . . . r i v a On alteration of any Road, may sell the site of such Road, and to whom.— sec. 18&, p lO— Must authenticate By-laws by seal and signature-sec. 198, p. 108. And as to Bonds.— ibid. Originals of By-laws to l)C kept by Clerk, and open to iSspection-and all meetings and proceed ngs of must be conducted openly, excepting when the public mterest shall require tlic contrary.— .♦'c. 199, p. 1*)9. To have vested in it the |>owers, &c., of M««'f ratei k Quarter Sessions as to Highways, Bridges, Roads, &c.- sec. 190, p. 103. Towers as to authorisaig the planking, macadamizing, 8ic., roadH, and levying tolls thereon.— sec. lUl, p. 10*. s l?f' ■.. M«*d^t>d«^ti0U u. ice at their pleasure, ole rateable property. e and stead of former iwers, liabilities, and mmenced, &c. — sec. ncr.t of debts due by '6, p. 94. J all debts, and as to t of a loan created by •.—sec. 178, p. 96. account of d'ibts and '8. •c, Governor may ap- he financial and mon- X. 181, p. 38. ts due before let Ja!iy. I to pass as money, nor £2.'i, excepting asex- 100. is Act, a misdemeanor. ises and Jurors in casei as a party. — sec 186, iViOwunce for Roads.— the site of such Road, 1 signature, — sec. 198, y Clerk, and open to procee«iing9 of must be the public interest shall , 109. &c., of Mngifitratci ir. Bridges, Roads, &c.- )g, macadamizing, &c., lec. lUl, p. 104. MimTGIPAL CORPORATION— . r „ '^N^Uo stop up roads without a month's not.ce, nor .nterere with roads vested in Her Majesty or m any pubhc department.— sec. 192, p. 105. Must not interfere with Roads laid out by or works constructed by Ordnance Department, or for the defences of the Pro- vince.-8ecs. 193 and 194, pp. 105 and 106. In directing Roads over private property to appoint arbitrators to award amount of damage, and course of proceedmgs— sees. 195, 196 and 197, pp. 106 ar>d 108. To have same power respecting Roads as Magistrates m Quarter Sessions.— sec. 190, p. 103. As to the levying of tolls on.— sec. 191, p. 104. When Town or City Corporation uses the Gaol be bng.ng to any County, it m^ust pay a reasonable compensation for the same.— sec. 200, p. 109. Of Districts, &c., in existence on 1st Jany , 1850, to oontmue in office until the fourth monday in that month.-sec. 206, I p. 114. MUNICIPAL COUNCIL: Corporate powers.-sec. 2, p. l*. To unite by By-law, Townships having ^vver than lUU inha ftanfs, toother^, and to one or more Rural ^ards, for Ihe due representation of inhabitants in Mumc.pahty.-sec. May if U^edlent divide each Township into Rural Wards having an equal number of electors.-sec. 4, p. lb. To appoint in same By-law, place for holding, and a person to hold the election.— 83C. 5, p. 16. To cause such By-law to bo published at least twice in oS Gazctte,'and four times in one County newspaper, and be posted in four of the most public places.-sec. 6, To^point Returning Officers for each Ward, and send copy of By-law one month before election.— sec. 7, p. lo. May alter from f-me to time previous division into Wards by vote of four-fifths of Municipality.— sec. 8, p. li. The some aa to place of election.— sec. 9, p. 17. To appoint Reluming Officers annually .—sec. 10, p. 17. May disjoin Junior from senior Townsh.p with a view lo its separite incorporaUon whore it has 100 inhabitants.-sec. ii,p. 17. And after such separation to make a now division of the remainder. —see. 13, p. 18. iSSsas ^4* ?I3 MUNICIPAL COUNCIL- FailinR to make such division, the election of Councillors to be by general vote of qualified electors at General Township Meeting.— sec. 14, p. 19. In dividing Townships, to constitute five Rural Wards.— sec. 15, p. 19. Not to appoint election of Township Councillors, within limits of any incorporated Ciiy, Town, or Village.— sec. 17, p. 20. What their powers as a Municipality shall be in the matter of By-laws.— sec. 31, pp. 24 to 30 inclusive. For Counties to consist of Townreeves and Deputy Townreeves of Townships, Villages, and Towns in each County.— sec. 33, p. 30. To meet at Shire Hall on Fourth Monday in January, and adjourn to any other time and place from time to time. — sec. 34, p. 30. To choose from amongst themselver a County Warden, who shall preside at all Meetings.— sec. 35, p. 31. Powers and Duties.-secs. 36, 37, 38, 39,40, pp.31 to 33 inclusive. Enumeration of purposes for which may make By-laws.— sec. 41, pp. 33, to 38, inclusive. Of Incorporated Villages,— By-laws, relating to.— sec. 60, pp. 47, to 54 inclusive. OATHS : who may administer under this Act.— sec. 124 and 125, n 75 and 76.— special cases in which may be adminis- tered.— sec. 126, p. 76.— Oath of Ollice under ihisAct.— sec. 127, p. 76.— to Head of Corporation, by whom to be administered.-sec. 128, p. 77.-Qualification Oath for onice.— sec. 129, p. 77.— Penally for refusal to take.- Bec. 130, p. 78. To be taken by Auditors of CorporatlonB.— sec— 143, p. 82. OFFENDERS against this Act, how punishable where special provision is not made for their punishment.— see. 185, p. 101. ORDNANCE : Roads laid out or Bridges or other works construct- ed by, not to bo interfered with by Municipal Corporationi. sees. 193 and 194, pp. 105 und 106. PERJURY : Wilfully false swearing or aflirming to l)C punished as wilful and corrupt perjury. — sec. 123, p. 75. XIU ;ion of Councillors to at General Township s Rural Wards. — sec. I Councillors, within kvn, or Village.— sec. all be in the matter of usive. 1(1 Deputy Townreeves n each County. — sec. iday in January, and J from time to time.— - bounty Warden, who }5, p. 31. 39, *0, pp.31 to 33 lay make By-laws. — slating to. — sec. 60, pp. ci.—ncr. \2i and 125, i\c\\ may bo adminis- Ollico under ihisAct.— loration, by whom to 7. — Qualification Oath ly for refusal to take.— )nB. — sec. — 143, p. 82. nirthal)le where special lishment. — sec 185, p. r other works construct- Municipal Corporations. ). lirming to \>c punished . 123, p. 75. POLICE VILLAGES: May be formed by County Municipal Council.— sec. 4-2, p. 38. Police Trustees to be elected for-by whom, how and when, and penalties for neglect of duty .-sees. 42, 43, 44, 45, 46,47,48,49, 50, pp. 38 to 41. Enumeration of duties of Trustees.— sec. 51, pp. 41 to 44. Magistrate to have power of granting Tavern licences, &c.— sec. 117, p. 74. ' PROMISSORY NOTES or debentures issued by Corporation ' before 1st January 1849.-New Corporation moy issue new notes or Debentures for extinction or redemption ot.— sec 182, p. 99.— But may not issue notes or debentures as circulating medium, or to pass as money, nor act as Bankers, nor give any Bond or obligation under JE25, unless for particular r)urpose under By-law sanctioned by Governor. — sec. 183, p. 100. IpROCLAMATIONS .'>der authority of this Act, when to take effect.— sec. 207. p. 114. )UALIFICATION OF VOTERS by property, to take effect only after the passing of an Act to regulate assessments, &c.— J sec. 208, p. 114. QUO WJIRRJIJ^TO, Writ of, may be issued from Court of Queen's Bench to try controverted Elections, under this Act.— sec. 146, p. 83. Judge before whom tried in Chambers to return Writ and judgment into Court at its first sitting theieafter.- sec. 147, P* ^** Mode of proceeding whore party evades service of Writ.— 83C. 148, p. 84. Proceedings on Writ before and after trial.— sec. 148 to IDd, inclusive, pp. 84, 85 and SG. QUORUM : To consist of majority of the whole number of Cor- ] poration. — sec. 168, p. 91. [recorder's court to be established in each City— its powers and jurisdiction.— sec. 99, p. 66. Four Sessions to bo held annually, each commencing on second Monday in January, Aprd, July and October.- sec. 94, p. 67. Process and proceedings, to be the same «« |PPe!;ta'" ^o Court of Quarter Sessior.. .-sec. 100, P- 68.--C0 ^ of prosoculions in some cas h u-.ay be paid o"i«f. ^'^^ ^"Jf/n sec. 101, p. 68— Recorder may suspend High BaiUP, thiet Constable, &c. in some canes.— sec. 102, p. 68. v»i XIV ^""Sfoi'SI^ounca to be Clerks of such Courts.- Reco'rdefmustlfe Barrister of five years standing and appoint- ed only on application of City Corporation to Governor.- Ota If Reco^rL and Police Magistrate may be vested in ^te same nerson, but liable to severance on api^.cat.on to Governor by Common Councd.— sec. 105, p. bH. RFTIIRNING OFFICER : To administer oaths.— sec. 124, p. ^^^^75. To be Conservator of Peace during elect.on.-sec. His duty ^t an 'Election where a poll shall be dernanded.- sec. 160, p. 89. To return Poll Book to Town Clerk after Election. -sec. 161, p. 89. For Rural Wards, his duty.— sec. 7, p. 1". Must be appointed annually.— sec. 10, p. 17. Where Township has not been divided into such Wards to be Town Clerk.— sec. 20, p. 2 1 . For Incorporated Villages.— sees. 44 to 47, p. 4.^. ROADS- Original allowances for, cannot be stopped up by Cor- 0::£:i;;:^otlS'lLr;ite of oU road may be sold, Air;il1="^^b:-r;rSL 90 ..et nor less than 4.0 fool in widih. — sec. 189, p. 103. Vested n Her Majesty, Corporations cannot interfere w.th, 'nd Governor to have the same power over them as Municipal Corporations by this Act have over others—sec. Such'asa;e' laid out by the Ordnance, Corporation^ ca^^ interfere vvithvvilhout consent of Head Quarter Board ol Oir.cerd — ''ecs. 193 et 194, pp. lOr) and lOb. wSe t y i terfere with private property, arbitrators must be appointed to r ward the amount of danK.ge,s to be pa.d.- secs! 19.S 196 and 197, pp. 106 and 108. SHERIFF : His duty upon writ of execution against any Corpora- tion.— sec. 179, p. 96- .1 SPECIAL CONSTABLE : Penalty on persons refusing to .e sworn in and serve as, when lawfully re(iu.red.-8ec. lo8, p. 88. TAVERN LICENCES, to be granted by Police Magiatrate.-BCC. 117, p. 74. .,•.,, Keepers, form of trial and punishment for keeping a disorderly • house.— tsec. 118, p. 74. laL-I s of sucii Courts.— jtanding and appoint- ■alion to Governor. — ite may be vested in ice on application to 1.105, p. 69. oaths.— sec. 124, p. during election. — sec. hall be demanded. — after Election.— sec. p. 17. , p. 17. I into such Wards to > 47, p. 45. be stopped up by Cor- old road may be sold, 90 feet nor less than IS cannot interfere with, • power over them as have over others. — sec. e, Corporations cannot lead (iunrter Board of If) and 106. operty, arbitrators must )f daniiigcs to be paid.— and 108. on against any Corpora- persons refusing to be illy recpiired. — sec. 158, Police Magistrate. — ace. jt for keeping a disorderly a TOWNREEVE, to be elected by Councillors.— sec. 24, p. 22. To preside over meetings of Councillora.—sec. 27, p. 23. Of every Township, Village and Town in a County, to be the Municipal Council for County,— sec. 33, p. 30. Shall be Head of Township and Village Corporation.— sec. 108, p. 71. And shall be ex-officio Justice of Peace for County.— sec. 109, p. 71. Vacancy by death cr removal may be filled up by Cor- poration* — sec. 166, p. 91. TOWNS of Belleville, Brantford, Brockville, Bytown, Cobourg, Cornwall, Dund^s, Goderich, London, Niagara, Peter- \ borough, Picton, Port Hope, Prescott, and Saint Catharines incorporated. — sec. 61 p. 54. i Corporate powers, the same as possessed by inhabitants of Incorporated Villages. — Ibid. Three Councillors for every Ward.— sec. 62.— Election to be first Monday in January.— sec. 63.— Returning Officers to be appointed by Municipality ; and their duties.— sec. 64._Collector to furnish copy of Roll.— sec. 65.— Quali- fication of Electors.— Ibid.— Who may be elector of Councillors.— Ibid.— Mayor to be elected by Councillors from amongst themselves, who, with Councillors shall form the Town Council.— sec. 66.— Powers of Council same as Municipality of Incorporated Villages.- sec. 67 — Gaol, Court House, House of Correction, &c.- -sec. 68.— Police Office 10 be established, presided over by the Mayor.— stc. 92.— Police Magistrates to be appointed.— sec. 70.— Power of Police Magistrate to suspend Chief or other Constable.— sec. 7 1 .— Prosocution of offences against By- laws.— sec. 72.— Clerks of Town Council to be Clerks of Police Offices— their duties.— sec. 73.— One Chief and one or more Constables for each Ward. — sec. 74.— Governor's power to appoint Justices of the Peace not affected by this Act.— sec. 73.— Oaths.— sec. 76.— Ap- pointment of Townreeve an Vputy.— sec. 77. — And of Assessors and Collector.— sec. 78.— Incorporated Village with 3,000 inhr.bitants, may upon petition be proclaimed by Governor, an Incorporated Town.— sec. 79.— Number of Wards and privileges thereon. — Ibid. — Composition of Town Council and its powers.— sec. 80.— Powers as to By-laws.— sec. 81, pp. 55 to 62 inclusive. Incorporated, when numbering 15,000 inhabitants, may become Cities by Proclamation. — sec. 84, p. 64. Wott I XVI rrnwNrq . When town becomes City any and every Commission of ^^^ the Peace isled for the same to cease and determme.- sec. 87, p. 65. . ^ , ' , TOWNSHIPS: Inhabitants of when numbering one hundred ^° Incorporated, their powers and how exerc.sed.-sec. 2, pp 14 & 15. Union of Townships with fewer than 100 inhabitants.-sec. 3, p. 15. Meaning of word « Township."-8ec. 3, p. 16. How divided into Rural Watds.-sec. 4, p. 16. By-law dividing same to be published in Official Gazette and one Newspaper.— sec. 6, p. 16. Copy of By-law to be sent to Returning Officer.— sec. 7, p. 16. Such division may be altered.— sec. 8, p. 17. And the place for holding elections.— sec. 9, p. 17. Returning Officer to be appointed annually for each Ward.- sec. 10, p. 17- Separation from Junior when the latter shall contain 100 inhabitants.— sec. 11, p- 17. Time and manner of such separation.— sec. 12, p. 18. Proceedings as to remainder of Township after reparation from Juk.ior. — sec. 13, p. 18. Provisions as to elections by general vote, if sufficient num- ber of Wa-ds do not remain.— sec, l-V, p. iJ- And if parts of Wards of Junior Township remain in Sen.or after disjunction.— Ibid. Division of to be in all cases into five Wards.-sec. 15, p. 19. When disjunction and separate incorporation shall take place.- sec. 16, p. 19. No part ..f incorporated City, Town, «/ ^ '"«?*'' ^« ^^J'^.^J; any Township for purposes of this Act, nor.. n elec.ons ?or the latter be held wiihin City, Town or Village hm.ts.- sec. 17, p. 20. Officers elected under former Acts to remain ^r^ mv^ fourTh Monday in January, 1850, and thenceforth only till successors be elected.— sec. 18, p. -lU. Councillors in Township, ot divided into Rural Wards, to be elected by vote at General Township Meelmg.-Bec. 19, p. 20. TE u^ Vi mc I every Commission of jse and determine. — nbering one V exercised. hundred —sec. 2, 100 inhabitants. — sec. 3, p. 16. 4i, p. 16. in Official Gazette and in g Officer. — sec. 7, p. , TOWNSHIPS— Councillors to be elected either at General Township Meeting or by Wards on the first Monday in January in every year. — sec. 21, p. 21. Boundary lines of, to be ascertained and established on a per- manent footing. — sec. 30, p. 23. Townreeve shall be the Head of Corporation. — sec. 108, p. 71. h TOWNSHIP CLERK, to be Returning Officer vi^here, under - section 19, before Rural Wards have been set out, election ^ takes place at General Meeting.— sec. 20, p. 21. I TREASURER: One to be appointed by Corporations of Towns % Counties, Townships and Villages, and his duties. — sees. I 171 and 172, p. 92.— Duration of his Office.— sec. 173, I p. 93. — Books of office of present and future District ■* Treasurers, and all others xo be appointed, to be deemed M chattels belonging to Corporation. — sec. 174, p. 93. 'f TRUSTEES of Police Villages, regulations respecting — see "Police Villages." To be " Health Officers.''— sec. 137, p. 80. UNITED TOWNSHIPS, provisions respecting.— sec. 3, p. 16. ually for each Ward.— {VACANCIES, occurring in Corporation to be filled by new elec- I tion by Warrant from Head of Corporation. — sec. 163, p. 90. — Four days public notice to be given of such election. — sec. 164, p. 90. In Office of Warden, Mayor or Tt-wnreeve may be filled up by appointment of Corporation from among themselves.— sec. 166, p. 91. OTERS, For Township Councillors, to be freeholders or house- holders, on the Collector's Roll. — sec. 22, p. 21. Under this Act must be subjects of Her Majesty, and 21 years of age. — sec. 121, p. 75. On Collector's Roll, to take only certain Oaths. — sec. 122, p. 75. provisions as to property qua'"'" ation, when to take effect — and who may vote in tiK meanwhile. — sec. 208, p. 114.. TILLAGES, see « Police," «' Incorporated." The Townreeve, shall be heatl of Village Corporation. — sec. 108, p. 71 : — and ex officio, Justice of Peace for County, sec. 109, p. 71. ARDEN OF COUNTY, when to be elected.— sec. 35, p. 31. shall be head of Corporation. — sec. 108, p. 71. Ex officio Justice of Peace for County. — sec. 109, p. 71. When vacancy by death or removal occurs. Corporation may appoint from among themselves. — sec. 166, p. 91. ,p. 17. sec. 9, p. 17. atter shall contain 100 , — sec. 12, p. 18. hip after peparation from vote, if sufficient num- , 14, p. 19. .vnship remain in Senior ; Wards. — sec. 15, p. 19. )oration shall take place.- I, or Village, to belong to 18 Act, nor vin elections Town or Village limits.— I to remain in Office till , and thenceforth only till p. 20. led into Rural Wards, to vDship Meeting. — sec. 19, .■X ■^1 XVlll « , u ., tn rlivide Townships into.— sec. 4-, p. 16. WARDS, R"^^^'*^"^*"^; p' ' iuorsin, and person to take the Place forElecUon of Co-.J^cto m^,^^ ^^^P^_ ^^^ ^mainafterthedisunion.-sec.l4,p.l9- Each Township to be divided into five.-sec. 15, p. lii iris to. — sec. 4-, p. 16. id person to take the 10, p. 17- ■published in Official 6, p. 16. ered. — sec. 8, p, 1' • lips, when they shall 7. jparately incorporating s into, after separation nces of Elections to be number of Wards for of Councillors do not ,p. 19. e.— sec. 15, p. 19- k I -5 ANNO DUODECIMO VICTORIA REGIN.^. CAP. LXXX. Ln Act to repeal the Acts in force in Upper Canada, relative to the Establishment of Local and , Municipal Authorities, and other matters of i a like nature. I [mh May, 1849.] WHEREAS, it is expedient to repeal the several Acts in Preamble. force in Upper Canada, relating to the Incorporation 'M the Inhabitants of the several Districts of that part of this province, and of certain other localities therein ; the Election Ijid duties of Township Officers, and other matters of a like ature, to the end that better provision may be made for such iirposes : Be it therefore enacted by the Queen's Most Fxcellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Jrovince of Canada, constituted and assembled ly virtue of. id under the authority of an Act passed in the Parliament of |e United Kingdom of Great Britain and Ireland, and Itituled, An Act to re-unite the Provinces of Upper and lower Canada, and for the Government of Canada ; and is hereby enacted by the authority of the same. That The Acts and le several' Acts of the Parliament of the late Province ofFrt^^-f^ Acts _pper Canada, and those of the Parliament of this Province, the Schedule SSt forth in the Schedule to this Act annexed marked A, «"«' 5[P|'g"J,^„'j,^Y^y. containing a description of the Acts and parts of Acts repealed i^g^them or ' by this Act, so far as the same shall be in force at the continued by commencement of this Act, and all Acts continuing or making ^hem. permanent any of the said Acts, or continued or made permanent by any of them, shall be, an'' '"-s same are hereby repealed: Provided always, neverthele^ , firstly : That no Proviso: Acta Act or part of an Act repealed by any of the Acts hereby '^^'^^^^^^^ l4>caled, shall be revived by the passing of this Act, and no J^^^^. ^^^ Act, or part of an Act, perpetuated or continued by any of (he f mm lARCH»Vr« *^ofi %« *y -pealed, (e.cept -eA'lT./ZVJ'l'tj ihep».ing "fAcIs hereby repeaiea,i»2"=H' ■""■--. -„-,,f,|,i. Act"; And P-» •• •»!;?';;: Acu3;.»m of A^.. he,eby re,,eale,l all AC. wh,c 1 proceedings "' ^"'^ Acis ««■"• i , ,, „„^;n„« which mierht have 1 relative to shall be in force, under thg Acts re- pealed. Eiceyition. Recital. r. . "f ''^ t:: b°l'l' «,»"<( a'lF-eedi^gs wl.ich ™igl,. have 3 £r.a ITe'f aklorrrieculodrelaung... -'r *-- -^."^^[c ^ Other matters "^ , rnav have been committed, or to any matters wmcn occurnngbe- ^^^.^^.'^''^ V \,„,,. or to anv moneys which shall have fore th.s Act shall have happene I » « /"j;^,,^^ l^,,^, ,,,u have been become due or to any nut shall come into incurred before ^'^ "^J 7,-,, ^e one or prosecuted, and the £ri:ir i'«sr ';t^|iK Pa 'amentu pr..vido for the Incorporat.on of Townsh.ps "s, Vnia'^es, Towns and Citie. in Upper Canada, shall or may be substituted for the old ones. IT And in order that no doubt shall remain whether any A,, AC. .na etd Tl,;;. ^1 ACS L.I pr,s of A,.. - '-g J" » - par^ofAc . ,, .; I ,!,„ same are herchy re|in"h'l, m. lar as sue '''"•"' "■ Ac or ,'ar of Acs shall he in fo.ce a> the commencement .1 S,i V ave and except such AC or pans of Acts as "; min'tiord in the Schedule t., this Act annexe., marW R and save and except all other Acts male expre.viv ft.; I r purposes, altl'ouoh they ^-c\<\.u^^'^ ^^J^ matters relating to' such subjects «V «!' -"s^-J ^ ,fS sions thereof are to be carried '"♦^ff;^,^*^',^ '^".^^'.^t e^^^ or appointed un.ler such Acts or parts of A^^^' 7!"7 'J^^^ such matters and provisions last men .oned s"^'.'- J^^ are repugnant to, or inconsistent with the Act " A c s e , a , to such matters in force »t the t.me, shall be male^^^^^^^^^ controlled by such last mentioned Act ^' ^f^l'^^M contrary shall have been expressed m such last mentioned Act or Acts. Recital. in. And whereas certain Acts mentioned and set forlli J the Schedules hereto annexesljf incidentally touch on r although the provi- iffect by Officers elected of Acts, nevertheless, itioned, so far as they the Act or Acts relatin" shall be, in all respects, \ct or Acts, unless tlie in such last mentioned Uioned and set forth in hereby repealed either ir. •tain special provisions respecting asssessments upon property in the Cities, Towns and Villages to which they respectively refer ; and whereas such Acts or parts of Acts are not in the said Schedules excepted out of the repeal hereby intended, under the expectation that a general Act will be passed during the present Session of Parliament, for eslablishing a more just general system of assessment in I'pper Canada, than that now in force therein, and it is therefore expedient to provide that in case such Act ;f should not be so passed, the said provisions shall remain in fijforce : Be it therefore enHCted, That until such Act for a more Provisions V^ust general system of assessment m Upper-Canada shull |jp reLti^e to aa- ■m)assed, or other Legislative [irovision be made in thut behalf, saved. ^o much of the several Acts mentioned in the Schedules lo pthis Act annexed as established, provide for, or regulate the Shssessment or mode of assessment, or the property to be assessed 'mn any of such Cities or the liberties thereof, or in any of such > ^'owris or Villages, or any matter relating to the same, shall jpontinue in force as if such Acts or parts of Acts had in the jaid Schedules been specially excefited from repeal ; and all ■#uch Acts and parts of Acts shall extend and apply to every %ucli City and the liberties thereof, and to every such Town and Village respectively, according to the extended oraltered limits fiereof as established by an Act of the present Session of arliameni, intituled. An Act to provide by one general . ,;X(flW for the erection of Municipal Corporations, and the litstahlishment of regulations of Police in and for the several ^ounties, Cities, Towns, Townships and Villages in ^pper Canadr, IV. And be it enacted. That this Act shall commence and Comraence- iave force and effect upon, from and after the first day of 'J'^"'' °^ '^"' [anuary, in the year of oar Lord, one thousand eight hundred kI fifty, and not before. Jf V. And be it enacted, That this Act may be amended, ^ct may ^ Jiltered or repealed, by any Act to be passed in this present thj^s^gion"'' Session of Parliament. Preamble. SCHEDULES ■p ';' jJIfiUllMSBHM^^i^^ 4 SCHEDULES TO WHICH THIS ACT REFERS. SCHEDULE A. rONTAINlNG A DESCRIPTION OF THE ACTS AND PARTS OF ACTS " CONTAINIWU A REPEALED BY THIS ACT. ■<* — •1 FIRST DIVISION. Acts of the Parliament of the late Province of Upper Camda. ^ Idate and subject ^"^ or ACT. TITLE. EXTENT or REPEAL. 37 Geo. 3, Cap. 10, Ferries An Act for the regulation of Femes . 'ca^rrerunnrnVat An Act to extend the V^^^^'}^,^J-,!tl large r So much as vests J any powers in the 1 Magistrates in I duarter Sessions. 43Gco. 3, Cap.ll, Assessment for Members' Indem passed in the thirty-fourth year of Her Majes- ty's Reign, intituled, "An Act to rcstrajn "the custom of permitting Horned Cattle, " Horses, Sheep and Swine to run at large. . The whole. An Act the more conveniently to collect the M^mbors' Indem- compen-ation to the Members of the House of Members Indem ^"^^P^^, ,.^^ ^^^j^ attendance in their duty m "''y Parliament, and to rciieal part of an Act pn.<^'-d in the Parliairent of this Province, i.> ;i o thirty third year of His Majesty a Reign j intituled, " An Act to authorize and drat Ihr, "lavinff and collecting of Assessmci/u. ar,i.| " Rates within this Province, and to provide " for the payment of wages to the House ot " Assembly." 50G'K>:.'??ays 150 Geo. 3, Cap. 12, Haldimand Town Meetings.. .... An Act to provide for the laying out amending and keeping in repair, the Public Higwavs and Roads in this Province, and to repeal the Laws now in force for that purpose The whole, f Sections one to ele- ven inclusive, and Sections thirteen to thirty-four, in- clusive. An Act to authorize the InhabitanU of the County of Haldimand. to hold annual meet- ings for the purpose of electing Town and Parish Officers ^^Sways'^'.^-'Ur Act to amend an Act passe.nn the fiftieth Uignways. ... \ ^^ ^^.^ Majesty's Reign, intituled, " An " Act to provide for laying out, amending and " keeping in repair the Public Highways and " Roads in this Province, and to rejieal the " Laws now in force for that purpose. . . The whole. The whole. ^5 REFERS. ID PARTS OP ACTS FIRST DIVISION— Continued. ^o. DATE AND SUBJECT i)F ACT. TITLE . EXTENT OF REPEAL. Upper Canada. EXTENT or REPEAL. r So much as vests J any powers in the j Magistrates in I duarter Sessions. n Act Majes- cstrain Cattle, arge.". 10 11 54 Geo, 3. Cap. 15, York Market. . . 57 Geo. 3, Cap. 2, York, Amherst- burch and Sand' wich 57 Geo. 3, Cap 4, Niagara Market. 59 G. 3, 8 2, c. 5, Niagara 59G. 3, 8.9,0.11, Niagara Market, An Act to empower th* Commissioners of the Peace for the Home District, in their Court of General Cluarter Sessions assembled, to estab- lish and regulate a Market in and for the Town of York, in the said District An Act to establish a Police in the Towns of York, Sandwich and Amherstburg The whole. 12 :ct the ouse of duty in ; p(i;-<^"d Rpij^ni rect Ihr-j provide [ouse of 2G.4, 8.2, c.ll, Cattle running at large. An Act to esUblish a Market in the Town of Niagara, in the Niagara District An Act for establishing a Police in the Town of Niagara, in the District of Niagara, and for other purposes therein mentioned An Act to amend and repeal part of an Act passed in the fifty-seventh year of his Majes- ty's Reign, intituled, " An Act to establish a '• Market in the Towrn of Niagara, in the Niagara District The whole The whole The whole The whole The whole ncnding ligwavs peal the The whole. } of the al meet }wn and r Sections one to elo- I vcn inclusive, and Sections thirteen thirty-tour, in- clusive. I ver ■i Se< to I i. du 13 2 G. 4, 8.2, c. 13, Police Moneys. |14 2G.4, 8. 2, c. 15, Perth Market.. The whole. le fiftieth led, " An iding and ways and epeal the 115 4G.4, 8.1, c.34, Niagara Police, &c An Act to repeal in part a certain part of an Act passed in the forty-third vear of His late Majesty's Reign, intituled," An Act to extend " the provisions of an Act passed in the thirty- " fourth year of His Majesty's Reign, intituled, " ' An Act to restrain the custom of permitting " • Horned Cattle, Horses, Sheep and Swine, " ' to run at large," and further to enable the Magistrates in their respective Districts in this Province, in General Quarter Sessions assem- bled, to make such rules and regulations as| may restrain Swine, running at large in the respective Towns in this Province, where a Police is or may hereafter be established by Law An Act requiring the publication of the expen- diture of moneys raised under any law, esta- blishing a Police in any Town or Towns in this Province An Act to establish a Market in the Town of Perth, in the County ofCarleton of The whole The whole The whole The whole. An Act to continue and amend an Act passed in the fifty-ninth year of Hia late Majesty s Reign, intituled, " An Act for establishing a " Police in the Town of Niagara, in the Dis- " tfict of Niagara, and for other purposes there- « in mcntionea" The whole 6 FIRST DIVISION— Continued. TITLE, EX7ENT OV REPEAL. 16 8 Geo. 4, Cap. 14, Street Surveyors, 17 1 Wm 4, Cap. 3, Amherstbur? Wharfage fees. 18 2 Wm 4, Cup. 17, Brm^kville., . . . . 19 20 21 3 Wm 4, Cap. 16, Hamilton.... An Act to amend the Laws now in fcrce for the appcmtment of Street Surveyors, so far as relates to the several Towns in this Province other than those in which the General Q.uarter Sebsionsofthe Peace are by law holden.... An Act to establish a Market and to establish Whirfage Fees in the Town of Amherstburgh, in the Western District An Act to establish a Police in the Town of| Brockville. in the District of Johnstown.... The whole The whole The whole. 3 Wm. 4, Can 10 Brockville Mar' ket 4 Wm. 4, Cap. I '2, Line Fences, &c An Act to define the limits of the Town of Hamilton, in the District of Gore, and to es- tablish a Police and Public Market therein The whole 22 4 Wm 4, Cap 23, Toronto 23 4Wm.4, Cap.24, Bel'-eville AnActtoe-tablisnaMarketin the Town o'' ,^ Brockville j An Act to regulate Line ^ nee* and Water Courses, and to repeal so much of an Act pass.d in the thirty third year of the R.icn of IJis late .Vlajesly King G.orge the Third, in- tituletl "An Act to provide for the nomination " and'ap()oinlmcnt of I'arish and Town Utfi- " cers within this Province," as relates to the Office of Fence Viewers, being discharged by Overtcers of Highways and Roads ¥ 3i An Art to extend the limit* ofthe Town of York, to erect the said Town into a City, and to in- coritorate it under the name ofthe City of I o- ronlo " 24 25 26 n 4 Wm 4, Cap 25, Cornwall .... An Act to eUnblish a Board of Police in the Town of Belleville The first Section. C Sections one to I ninety-five, inclu- J sive, aixl also the ] wh.'le of Section I ninety-Kix, except \_ the proviso. The whole 4 Wm. 4, Cap. 26, Port Hope 4Wm 4,Cap 27, Prescott An Act to csublish a Police in the Town of| Cornwall, in the Eastern District An Act to define the limits ofthe Town of Port Hope, and to establish a Police therein ,5 Wm. 4, Cap. 6, Assessment for MemU-rs' In demnity The whole The whole An Act to incorporate the Village of Prescott, and to establish an Kloctivc Police therein .... 1 1 he whole An Act to provide for the pnvment of wages to the MemW ofthe House of Assembly who represent the different Towns in this Province ITho whole G Wm. 4, Cap 1, AsKessmcnt Mem- ben' InUeir nily. An Act to provide for the payment of wages to Members representing Cities and Incorporated Towns within the Province, The whole FIRST DIVISION— Continned. KXVENT OV REPEAL. No. DATE AND SUBJECT OP ACT. TITLE. EXTENT OF REPEAL. r the ir as ince arter blish nn of I . 'II of o ts lerein in of The whole The whole. The whole The whole The whole I 29 30 t)Wm 4, Cap 13, Brockville Mar- ket t) \Vm 4, Cap. 14, Belleville An Act to establish a Market in the West Ward of the Town of Brockville The whole i3l An Act to repeal an Act passed in the fourth year of His present Majesty's Reign, intitule_d, '■ An Act (o establish a Board of Police in the " Town of Belleville," and to make further provisions for the establishment of a Police in said Town ^ater 1 Act ign of d, in- nation » oin- toihe jed by 'York, to in- of To- in the 3wn of: tf Port The fimt Section. ■ Sections one to niiiety-fivc, inclu- sive, and also ihe \ wh.'le of Seeiion I ninety-fix, eicept \_ the pruvisu. The whole The whole The whole m I i& k^2i 'reccott, Bin ... . jThe whole rugcs lol i|y who rovince JTho whole ageii to riwrated ' HcTuse oHndus' An Act to authorize the erection, and V^o^^f^ [°l the inaint.nance of Houses of Industry in the several Districts of this Province try. The whole fSo much of the first Section as vests any powers granted tnereby in the Grand Juries or the Magistrates in Cluarter Ses- sions, or limits the expenditure, and the whole of the second Section. 7 Wm. 4, Cap. 39, Toronto 7Wm. 4,Can. 41, Toronto Markets 7 Wm 4, Cap. 42, Cobourg TWm 4, Cap 44, Plcton An Act to alter and amend an Act passed m the fourth year of His Majesty's Reign, mtitule of Len- to cBta- i Sections two, three and four. The whole The whole The whole, ex- ccpt 80 much of the second section as reserves ant privileges or ad- vantagi's to cer- tain Lessees and Tenants of that Aasigns- 45 4 & 5 Vic Cap 10, Municipalities.. 8 Vic Cap 7, County and town ship Divisions . . . . The whole An act to p'ovide for the better internal Govern- ment of that part of this Province which for- merly constituted the Province of Up[)er Canada, by the establishment of Local or Municipal Authorities therein An act for better defining the limits of the Counties and Districts in Upper Canada, for erecting certain new Townships, for detaching Townships from some Counties and attaching them to others, and for other purposes relative to the division of Upper Canada into Town- ships, Counties and Districts 8 Vic Cap 20, Fences and water courses An act to repeal an act therein mentioned, and tt) provide for the regulation of Line Fences and Water Courses in Upper Canada n seventh ity. King n Act to he fourth led," An Town of City, and r the City I • • • • • • • 1 8 Vic CapGI, Kingston . . . The first lectian. 8 Vic Cap 62, ^Niagara.... The whole ' The whole, except sections one, two, five, seven, eight, nine, ten, eleven, thirteen and fif- teen.togetherwith the Schedules A andB. So much of the first section as vests the appoint- ment of Fence Viewers in the Inhabitant Free- holders and Householders at their annual ^ meetings. An act to repeal a certain provision of the Act incorporating the Town of Kingston, and to provide for the assessment and collection of the District Taxes in the said Town, by an Assessor and Collector to be appointed by the District Council 53 54 8 Vic Cap 63, St. Catnerinca. . 9 Vic Cap 40, Municipal Coun- cils 9 Vic Cap 46, County and Dis- trict' Divisions. .. 9 VifcCap51, Niagara and Uuuenston. . . [9 Vic Cap 70, Toronto An act to incorporate the Town of Niagara, and to establish a Police therein An act to incorporate the Town of St, Cather- ines - An act to amend the laws relative to District Councils in Upper Canada An act to wnend the act for defining the limiU of Counties and Distrists in Upper Canada, An act to alter the mode of assessment in the Towns of Niagara and tlueenston SECOND An act to amend the act of Incorporation of the City of Toronto The whole. The whole. The whole. The whole. The whole. The whole. The whole. "1 10 SECOND DIVISION— Continued. TITLE. EXTENT OP REPEAL. An act to alter and amend the act of Incorpora- tion of the Town of Cobourg I tie wnoie. An act to amend the Act of (ncorporation of the Town of Cornwall, and to fstal. ish a Town Council therein, in lieu of a Board of Fohce. . An act to alter and amend the act incorDorating! theTown of Hamilton, and to erect the same into a CilV I An act to incorporate the Town of Kingston as a|^^^ ^^^^^ City The whole. The whole. divide the Western District of the CSeclions one and two, sections five to nine inclusive. rXv .«,n District An act to divide the wesiern wisini-v u. ...>- to nine inclusive, Western ^i^tn^^ An^^^^^J.^^^^ ^^^ (,^„^j„_ ^nj ,,.r other purposes , .^ and sections thir- ^'*'*' I .i.o,„;n mpntioned iron to twenty- therein mentioned teen to twenty- one, inclusive. An act to establish Lock-up Houses m the unin- , Sections, one, two rorporated Towns and Village* of Canada j ^^j ^^^^^ West An act to confer limited Corporate Powers on the Towns an.l Villnsies of Ca-.ada West, not specially incorporuled An act to define the limit, of the Town of Bytown, t.. . ..lablish a Town Council therein, and for other purposes An act to incorporate tho I'own of Dunda* The whole. The whole. Tho whole. An act to amend the tenth Rertion of '^'-..^ct' . to incorporate the Town of Kingston as a City. The whole. An act to provide for an assessment of real and lZom\ property in the Town of Prescott l^cordintf to the annual value or rental thereof. and for other purjioses An act to repeal the act of ii-corporation of tho Town of London, an.l to establish a Town Coun tcen.togetherwith the Schedules A. B. *The whole, except so much of the first Section as vests the appoint- mcnt of Fenc«> Viewers in the Inhabitant Free- holders and house- holders, at their annual mootings. I fc;.a 13 SECOND DIVISION— Continued. EXTENT OF SAVING -ket len- ( Sections thirty-two ! J thirty-three, tnirty- ( four and thirty-five. Section one. So much of the second Section as | reserves any pri- vileges or advan» tages to certain Lessees and Te- nanU, or their assign!. nth :ing liter rear act , to I to y of No. 12 13 DATE AND SUBJECT OF ACT. TITLE. EXTENT OF SAVING. 10 & llVicc 39, We-.tern District. lO&ll Vice 4!, Lock- up Houses . An act to divide the Western District of the Pro- vince of Canada, and for other purposes therein mentioned An act to establish Lock-up Houses in the un incorporated Towns and Villages in Canada West C Sections three, four } ten, eleven and ( twelve. Sections five and six. Section second. Canada. EXTENT OF SAVING. ^un. rect- hing ach- tme» into id to and Sections ono, two five, seven, eight, nine, ten, eleven , \ thirteen and fif- teen.togetherwith the Schedules A. B. *The whole, except so much of the first !:^ection as voHts the appoint* mont of Fence- Viewers in the Inhabitant Free* holders and houM' holders, at their annual mootingii Ll'l u Preamble. 14 GAP. LXXXI. An Act to ]n"ovi(le, by one general law, for thej erection of Municipal Corporations and tne establishment of Regulations of Police, in and for the several Counties, Cities, Towns, Townships] and Villages in Upper Canada. [30th May, 1849.] WHEREAS, it will he of gre;it public benefit and advantage that provision should be m 'de, by one trennral law for the erection of Municipal Corporations and the establishment of Regul.itions of Police in and for the several Counties, Cities, Towns, 'r«)Wnships and Villages in Upj)er Canada : And whereas, with a view to this t>bject, certain ^ Acts c/ the Parliament of this Province, and certain others of j the Parliament of the late Province of Upper Canada, have, by an Act passed during this present Session of Parliami>nt been repealed : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of | and und^r the autliority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled. An Act to re-tinite the Provinces of Upper and Lower Canada, and for the Giwernnmit of Canada, and it is hereby enacted by the authority of the same. That this Act shall commence and have force and etfect upon, from and after the first day of January, in the year of our L<»rd, one thousand eight hundred and fifty, and not Ix^fore ; excepting to'^pr?pnraiory always such nf its provisions as may recpiire that any thing l)e pruceudings. done preparatory to the first elections to be held imder it, which provisions shall be in force immediately upon, from and after the passing thereof. L TOWNSHIPS. n. And be it enacted, That the inhabitants of each Town- ship in U()per Canada, which shall have one hundred or more resident f'reeholders or householders on the Collector's Roll thereof, for the last vear that the same shall have been made Their Cor[K)- ^p^ prior to the time this Act is appointed to come into firce, *°*°~"""'° shall be a Body Corporate, and as such shall have perpetual succession and a Common Seal, with power to break, renew and alter the same at pleasure, and shall be capable of suing Commonce- mcnt oflhis Act. Excepticin as Inhabitants of Townships incorporated. rate powers. exer- 15 and being sued, of pleading and being impleaded in all Courts and places whatsoever, of purcliasing, acquiring and holding lands and tenements, and other renl and personal property within such Township lor the use of the inhabitiints thereof, in their corporate capacity, and of making and entering i>''«How such contracts as may be necessary for the exercise t)f their cised, corporate functions, and that all such powers shall be exercised by, through and in the name of the Municipality of each Township respectively. in And be it enacted, That it shall be the duty of the Townships- Municipal Council for each District in Upper Canada, at aha^ing^-^^.^ Special Meeting to be held for that purpose on the second day p,,|,„,^ji„„ ^^ of October next after the passing of this Act, and to be he united to contmued bv a.ljournment from lime to time to such period others, and not bemg beyond the second day of November next thereatter, as may be 'necessary for completing the business hereby imposed upon them, by a By-h.w to be passed for that purpose at such meeting, to attach every Township lying within any County in their District which shall have within it less than one hundreii resident freeholders and householders on the Collector'^ Roll for the last year, that the same shall have been '" "P orior to t'^^ ^a'f' second day of October next, to swiv.eo ^'it Township lying within the same County, and SUCH -hip so united or attached to such adjacent Township. , until the dissoluti.m o! such Union as ^^ich shall nrovided fo' ^ this Act, be known as the Junior lownship ol ^e the Junior such Union 'of Townships, and be represented in one Township. Municipality in commcm with such adjacent Township, which shall in like manner be known as the Senior Township ot such Union; and from and after the first 'lay of January Ab to Tow„. next; after the passing of this Act, every Township newKh'l-n^^y l»ifl out bv the Crown, or not having within it one hundrecl having less Slenl fa.oholL. and ho„seh.,l,lerfou .he CoUec,or'. U"",'^^-;'"" and not then already attached to or united with any otheMj.^, i^jj^^n. Township as aforesaid, shall, by a By-law of the Municipal i850. Council of the C.)unty in which such Township shall be situate, be united for the purposes of this Act to such a. jacen Township, in such County as such M»"'^M'a Council shall As to^^^^^ think fit, an.l also to some one particular rura Ward of ^^oh^Zl^^Zl^ Townshii), where such last mentioned Township shall have i been divided into such Wards, or part of it to one of such Wards, and part of it to another of such Wards, with a view to the representation of the freeholders and householders >^oti 16 tliereof, in tlic Municipality of such United Townships, and all such Townships shall, while they shall continue so united, be called The United Townships of. ',"':' w K'Tnwn (mentioning theirfiames,) and the word Township, shall for Bhi? inter- the purposes of this Act, he held and considered to apply to preted. gnH include Townships so united as well as single Townships, and such Unions may be made to consist of two or more Townships, as convenience may require. Townships IV. And be it enacted. That it shall and may be lawful nay be divided fyp gygry such Municipal Council if they deem it expedient Wards^id so to do, in and by such By-law, to divide each of the Town- how. ' ships (including Unions of Townships as aforesaid,) in each County, into rural Wards, for the election of Township Councillors for such Township, excluding from such Wards any and every Incorporated Vjllage, Town or City, and the liberties thereof lying within the limits of such Township, which Division into rural Wards shall be made in such manner that the several Wards in each of such Townships shall, as regards the number of freeholders and householders entitled to vote at the election of Township Councillors for the same, respectively, be as nearly equal as practicable, regard being however also had to the convenience of such freeholders and householders, and to the rendering each of such rural Wards as compact as circumstances will permit. V. And be it enacted. That every such Municipal Council, cacrwardto whenever by such By-law they shall divide any such Town- be appointed ship into rural Wards as aforesaid, shall in the same By-law appoint a convenient place in each of such Wards for holding the election of Township Councillors for such Ward, and shall also appoint a fit and proper person to hold the first election of a Township Councillor in each of such Wards respectively. Publication of VI. And be it enacted. That copies of every such By-law diviliTint? shall he published by every such Municipal Council, twice at Wards. least in the Ofiicial Cazette of this Province, and at least four times in some public newspaper, if any there be published In such County, and copies thereof shall be moreover posted up in the four most public places in each Township in such Countv. Copy of By- VII. And be It enacted. That every such Municipal ^Tt'°th^e Council, whenever by such By-law they shall divide any such ■en « Township into rural Wards" as aforesaid, and shall fix the for elections, in: (■'■T-S %; 17 Itaees for holding the first elections in such Wards and appoint p^^«J; b hirninff Officers for holding the same, shall cause a copy ot {;;,jthe elet^ pturmug delivered to the person tion in a Rurat biS ;^hold'ie^le^tion for each of such Wards, or to be Ward. .c. B? for him at his usual place of residence, one calendar month ft east prior to the time for holding the election ; and every lich person shall, and he is hereby required to hold the first Ction of Township Councillor for the Ward to which he t .nhe so appointed, and in defoult thereo_, shall be liable to ^penalty of E mor^ than Ten pounds for his default in the [)remises. VIII And be it enacted, That it shall and may be lawful A^y^^"^ r,r the Municipality of each Township, from time to time, by j^^ R„ai nv Byl«w or By-laws to be passed for that P"rpe. .^^ Warjjf^ Wide such Townships anew into several Wards as aforesaid, bealtet« r ran-in. the saml so as more effectually to accomphsh the hiects al-oresaid, every which division by such Municipality, S u ersede hat so to be made, by such District or County hall super previous division made by S'Sn ^i am Uilf ; Provided ^ways, nevertheless, that P.vUo.t. o such first mentioned By-law shall be of any force or offec ^^ .^^ X the same shall hi'e been passed by a vote o at least four-fifths of the members of such Municipality tor the time leing. I IX \nd be it enacted. That it shall and may be lawful for J^f^^V Ihe Municipality of each Township, from time to time, by any tionsmaybe Kvo? By-laws to be passed for that purpose, to appoirr^ altered, li ami convenient place in each of the several Wards into Whch such Township shall be divided, for holding the election bf Township Councillors therefor, every which appointment Lll rpers^ede that made by such District or Coun y Tunicipal Council, as well as any appointment previously nade by such Municipality. X. And be it enacted. That it shall be the duty df every Re^um^tig^^ Township Municipality whose Township shall be divided into i^t^j. urll wTrcLs afLsai^^ to appoint annua ly fit and proper S nV to be the Returning Officers for holding the elections Sf Township Councillors in the several rural Wards into ?hich such Township shall be so divided. XI. And be it enacted. That whenever f X . {""^^^^^rrof"*- Wnshipof any such Union of Townships as hereinbefore /O >^oit 1. ^ .if i f'ffl.l I!1( ' "lit ''*«' the Junior Counties into Wards in c^se of separation. Provision for separation when the juuixr Town' ships have Bumcient population. Provision ns to proper altera- tions in the re- maining Townsnip, for elections, &c., Rural Wards, Proviso as to majority to Iiass the By- aw. 18 mentioned and provided for, shall have within it one hundred! resident freeholders and householders on the Collector s Roll, it shall and may be lawful for the Municipal Counci of the Colt in which stich Township shall lie, .f they shall deem it expedient so to do, by a By-law to be passed f„r that purpose! within the first nine calendar months of the following year, to divide such Junior Township into rural Wards, to fix the place for holding the first election of Councilors in each of such Wards, and to appoint Returning Officers for holding the same, and otherwise to provide for the due holding of such ejections,, as nearly as may be in the manner prescribed in «nd by thej fourth, fifth, sixth and seventh preceding sections of this ActJ XII. And be it enacted, That whenever any Junior^ ^^^ Township, of any such Union of Townships as is hereinbefore *| ^^ mentioned and provided for, shall have withm it one ;"ndro(l||^j^g resident freeholders and householders on the Collector s Roll,, such Junior Township upon, from and after the first day o( January, in the year next but one thereafter, shall be mcorpo. rated by itself, and such Junior Township and the other Township or Townships to which it shall have been theretofoiei united, shall, from thenceforth to all intents and purposes whatsoever, be held and considered as separate Townships. XIII And be it enacted. That whenever any Juniorj Township attached or united to another as hereinbefore| mentioned and provided for, shall have within it one hundred resident freeholders and householders on the Collector s toll, it shall and may be lawful for the Municipality of such Union of Townships, if they shall deem it expe.iient so to do, by a Bv-law to be passed for that purpose within the first nine calendar months of the following year, to divide the remainingj Township or Townships of such Union anew into rural Warils to fix the place for holding the first election ofj Councillors in each of such Wards after the dissolution of such- Union, and to appoint Returning Officers for hohlingthe same;j and otherwise to provide for the due holding of such elections| as nearly as may be in the manner prescribed in and by the| ei.^hth, ninth and tenth preceding sections of tins Acfi Provided always, nevertheless, firstly : that such By-law need not be passed by a vote of two thirds of the members for the time being of such Municipality as required with respect to some of such particulars bv the proviso to the said eighth section, but shall be valid and eiTectual for all purposes! whatever, if passed by a majority of such Municipality mthel USUI shal take whi 5 into any sect Uni of 1 wh( Un eiit of To by of To pu asi To tk rei ipr< jwl pa po lor sh Ivo Ith ?* within it one hundred! the Collector's Roll,! :;ipal Council of the , if they shall deem »assed for that purpose ihe following year, to| '^ards, to fix the placef illors in each of such 3 for holding the samej ling of such elections,! bribed in and by the| sections of this Act, henever any Junior] hips as is hereinbefore ■ vithin it one hundred 1 the Collector's Roll,] after the first day o| fter, shall be incorpo kinship and the otherj I have been theretoforej intents and purposes jparate Townships. henever any Junior lother as hereinbefore within it one hundredl 1 the Collector's Roily cipality of such Union ledient so to do, by a within the first nine| to divide the remaining lion anew into rural ; the first election of r the dissolution of such rs for holding the same; Iding of such elections jscribed in and by the lections of this Act : that such By-law need pf the members for the :juired with respect to iso to the said eighth ctual for all purposes ich Municipality in the 19 usual way : Provided also, secondly : that every such By-law 1'°^^^^^^ shall contain a provision limiting it lo come mto tor ce and n,ent of By- take elfect upon, from and after the first day of January, upon law. which such Union shall be dissolved, and not before. XIV. And be it enacted, That whenever sucli new Division P^na^^^^^ into Wards shall not have been made by the Municipality ot proper altera- anv Union of Townships according to the next precedmg tions have not section of this Act, in anticipation of the dissolution of such beenmade.&c. Union, and in consequence of the whole of any one or more of the rural Wards of any such Union of Townships lying wholly within the limits of any Junior Township of such . Union, the other Township or Townships of such Union, upon ■ the dissolution of such Union as provided for by this Act, shall I be left without a sufficient number of Wards lor completing the number of Councillors to which it or they shall be erititled according to the provisions of this Act, the elections of Councillors for such Senior or remaining Township or Townships, shall, after the dissolution of such Union, be made by general vote of the qualified freeholders and householders of the whole of such Senior or remaining Township or Townships at a general Township meeting, to be held for that purpose, at the time appointed by law, and not by rural Wards as theretofore, until theMunicipality of such Senior or remaining Township or Townships shall, by a By-law to be passed for that purpose, have re-dividedsucl last mentioned Township or remaining Townships into rural Wards according *« j^'e [provisions of this Act; Provided always, nevertheless, that ^^^^^ ^^-^^^^ [whenever notwithstanding the dissolution of any such Union, remain in the parts of the Wards of which such Junior Township, or some Senior Town- Iportion thereof formed a part, shall still remain to such Senior lor remaining Township or Townships, the election of lown- Iship Councillors for the same shall not be by such general [vote of such Township, but by Wards as before. I XV. Aud be it enacted. That in every case in which any Numbe^of^^ [Township shall be divided into rural Wards under this Act, ing^^hTown- Ithe same shall be so divided into five of such Wards. ship. , XVI. And be it enacted. That whenever any Township so When a lattached or united to another shall have within it fifty resident „„i„jt/ano. freeholders and householders on the Collector's Roll, such thcr shall be Township shall, for the year following the making up such ^-ogat^ roll and thenceforth, be incorporated by itself, and such lown- Bhip, and that to which it shall have been so united, shall n 111 iW No part of Cities, &c , to form part of Townships ; nor ehall Township elections be held there. Continuation in office of present Offi- cers, &c., of Townships. As to elections In Townships not divitleJ Into Rural Wards. Provlin M to places of eloctiun. Proviso! if the iHt election WM In a City, ho. 20 thenceforth, to all intents m\ purposes whatsoever, be held Ciiy, or of tl;e hbert. es ther^o or ot J^^^^^J^ ^^ ^^^^^^^ or Village, althot.gh lying wiii^^^ ^^ ^^^^ ship shall, fur the P"":?"^^^^;!,; 'jt be lasvful to appoint any pari of such Townsh.p, nor s .^ . be la v n^^^^ ^_^^ ^^ryTuchWo;;^^^^^^^ XVin-AnaheUenac^That^^^^^^ the officers a"^l F'-^""-^;^^^^ '^ ^^ The elected or appointed Township .n Uppe.; ^■\";;'*'' "J^;;^^ ,j,,u continue in otfice untler the laws now ^- :^f'^^^^^^^^^ yoar of our Lord, shall be elected and sworn into olh.e. ,, . ,„i Tint if the Municipal Council ol XIX. And be It cnnced, ; ''^^ ' . '^"^ ^^ , ^^-.^^-^ ,,,, any District in Upper Cutda ^^ ,;,!,,. divitle any term and the "'"""^"V^ro^cribed fo I r ^^j^ Township into '^'^^""tl'irMlJ^^^^^^ Wards by and until --'{.'l^^-''^ hf e^c o C^-illuts (or such the Municipality thoteof, ^''^'^ ;/' V " ,,,,i„rs of the whole phtce where the ast »""^'»\"^'^; "",, ,,,,,, other Township or in the Senior Townships »" ^X '"'nit^ Townships shall or may be f »^''*,' ;\"," 7^;^ holding such h. place f"*^,.^—: ud°— i-til it sl^dl he elections under this f^^V*^, ", ' •, tu„ j^ireof by any iJy-IaW otherwise appointed by he ^ '^ '^^^^^ or By-laws to be passed lor that pur ost l r ^^^ nevertheless, firstly : tha it " "^^^^^^ ,fmits of By-hw to appoint s^rh P'»^"' ^ifjf ^J "^ the liberties vhatsoever, be heW Who shall b« Returning Officer in such cas«. 21 ruv Town or Incorporated Village within the meaning ""i V xJf' k Tall be the duty of the Municipal Councd of uhV Distic\ Vt in heUe is situated, at such spec.al t'et^ a fo^^^^^^^^ to appoint by By-law --« P -«^-^^- I TownshiD and without the limits of such City, Town or VTltle for tL holding of the lirst election of Townsh.p I Councillors for such Township under th.s Act. VV And be it enacted, That in all cases in which the ele^tt of Councillors for' any such Township shall be ^ eiecuun wholp Townshn at a general lownship general vote of tl^ whole iown.h^ ^^^^^.^^^ ^^ ^^^^.^^_ meeting as afore>aKl, and no bv Township, ^'wt;^era;^:^t Tir"^ the passing thereof. £l be the Returning Officer for holding such election. XXI And be it enacted. That on the first Monday in Jamnrv in he year of our Lord, one thousand e.ght hundre KLndo/tl.^^^^^^^ Councillors for each Township in Upper Canada. XXII And be it enacted. That it shall be tho duty of the rinM ^, Hhis the names of the frM.h..lclers and liouM- teLlof slTmv«J,i";if .boeleclion .hall be by general Cn"!," Meeting ; or .Uar as.H, B"" -n.a.ns.W r-ame «t the freeholders and householders of the ^a"! I r wncn Cch election is held, if U,o eleet.on Uo for a Ward sue Township ; with the »™7'\\;V;:p:Zl t^^sed o, such A„»,..ion.C ;j:?;, d%:dt H,: ttSu :,;ilvi.oran™a,io„ .»-^ J"Lh"c ..lienor, intended to o, en.lorsed "F" ^-;,™j;^ «nH sworn or allirmod Ix-foro any Justice of the 1 eaco lor uio ^ ;^":he let that the Lnie is a true coj>^c^ such Roll, so far as the same relates to the place for ^vhuh uch '> : t on is to he hol.l, and .hat it contains * « "-- jf^ /j'^^ •reeholdors and householders in such iownsh.p, f «J«^» f f "^ ■ by general Township Meeting, or of such Ward, .1 the Election of Township Councillor* when to be held. ProJuction of a copy of the lloll of free- holders and houscholdera by Township Collector. J I '^Ofi . I! *» " Proviso as to parties occu- 22 election be for a Ward of such Township, and the amount for which they shall have been assessed, r.s entered upon such; Roll as aforesaid ; and the persons entitled to vote at such election shall be those whose names are upon the said copy of such Ro'll, thus verified, upd who at the time ot the election shall be resident in such Township, or Ward of such Town-' ship, as the case may be : Provided always, nevertheless, firstly: ^ that the holder or occupier of any separate portion of a house pying portions jjjjyjno- a distinct communication with a road or street, by an of a house. ^j^t^^^door, shall be considered a householder within the meaning of' this Act, in case he shall be assessed therefor as a Proviso as to house upon such Collector's Roll as aforesaid : Provided also, qualification of ggj,^jjj^iy . ti^^t no person shall be qualified to be elected as a an elector. ,j,y^^,jjg,^jp Councillor at any such election who shall not have been entered upon the said Roll as assessed for rateable real property held in his own right or that of his wile, as proprietor I or tenant, to the value of one hundred pounds of lawful money | of Canada. XXIII. And be it enacted, That at each of the said yearly! Township elections, there sjiall be elected either by a general; Township vote or by Wards, five Councillors for the Town- ship who shall hold ofiice until the third Monday in January,] intheyearnext after that for which they shall have beenj elected. XXIV. And bo it enacted, That the Township Clerk, ^ whether appointed under this Act or before the passing thereof,, or in case of there being no such Township Clerk, then any one of the Councillors returned at such election shall, when no place is appointed for that purpose by By-law of the Municipality of such Township, appoint the place for the first meeting of the newly elected Municipality after such election, which meeting shall be held on the second Monday next after such election, or if not held on that day, then on some day thereafter, of which appointment he shall give notice to the member or other members of the Municipality ; and at such first meeting the Councillors shall proceed to elect from amongst themselves a Townreevc, and in Townships which shall have five hundred resident freeholders and householders on the Collcetoi's Roll as aforesaid, one Dejiuty- Townroevo for such Township firr such year. Adjournment XXV. And bo it enacted, That tho said Township Muni- of meetings, oipalities shall and may severally adjourn their meetings, Five Council- lors to bo elected annually. Place and time of meeting of newly electini Municipality. Election of a Townreeve. .-ji^:,^-a&Mgi^0iS^^^-i^ibdJi>iJi . , and the amount for entered upon suchi tied to vote at such jpon the said copy of | time ot the election! ^ard of such Town- , nevertheless, firstly: ite portion of a house! road or street, by an seholder within the' assessed therefor as a I isaid : Provided also, cd to be elected as a 1 who shall not havej ;ed for rateable real his wile, as proprietor | )unds of lawful money ich of the said yearly ed either by a general! icillors for the Town- l Monday in January, hey shall have been] the Townsliip Clerk, ire the passing thereof, ship Clerk, then any election shall, when se by By-law of the nt the place for the unicipality after such n the second Monday on that day, then on itment ho shall give 8 of the Municipality ; lors shall proceed to ■eve, and in Townships lident freeholders and (foresaid, one Deputy- I year. ) said Township Muni- djourn their meetings, 23 I *imp to time at their pleasure, and the Townreeve, or in h,Tof hi d ath or absence, the' Deputy-Townreeve shall Pe power 7iZy time to suimon a special meet.ng thereof. XXVI. And be it enacted. That the ^"^f in?^ of each Meeti.g«^^^be ■.■tn.hio Municipality shall be held at such place withm the ^^^^^^ ownsh.p ^l""'^'P^, .^ themselves, from time to time, appomt Municipality 'lirou^UetoVb; anr to be passed for that purpose. shaU appo... vYVir And be it enacted. That the Townreeve shall Whoshall [reside 'an meet ngs of the Township Municipality, or m P-J-J. I inn •/ I e DepuW-Townreeve when there is one, except 1 wl^n tlereS be no Townreeve or Deputy-Tovvnreeve VwS ca e sle other Member of such Mun.c.pal.ty to be ;;:£ by them for that purpose, shall preside m such lunicipality. XXVIll. And be it enacted. That t]- MunicipalityJ^^^ Ap^nUnent «rb Township shall, so soon as conveniently may be alter ^^^ ^,^1,^^^^^^^ eto^vnSion or appointment, nomi..ate and appomt three TermofotEce. slsors or t e Township and one Collector for the same ; Kt the said Assessors^nd Collector shall hod office fn^rn be time of their appointment respectively, until the third londTy in January of the year next after their appointment Ssaid, and'until the^IanicipaUty ot such o^^^^^^^^^^^^ .all appoint new Assessors or a "«^\^«'f„^ "^JV^^ 'J^^^^^^^^^ As to vacan- ■r in the place of any one of them ; and in case c a vacamy t^ he office of any Assessor or C.)llector by death .r removal V os£e nl'the Township, the Township MunicipalUy lall fill up the vacancy by a new appointment, at its then jxt meeUng, or as soon thereafter as conveniently may be. 1 XXIX. Ind be it enacted That the M^^XlJlL" of' Ute --1 township shall, upon the Report of the Auditors ol ue P sip, finally audit and allow all «--"^« ^'^all n t Linst tl ; Township, and in case any such charges hal not ^ecially regulated by law, it shall bo their duty to allow ,r ho same such sums as may be jus, and reasonable, and by shall in like manner also audit and allow t - accomUs of £o Township Treasurer and of the Township Collector, Lccpi Hr as respects any Co.nty Rate collected by such Exception, llolbctor. XXX. And be it enacted. That the boundary lines of Ute Boun.la;jr^ different Townships in Upper Canada shall hereafter be ascer- .^ips to bo own* It,' i i' 1 permanently establiBhed, and how. Actof U.C. 28 G. 3. c. 1. Proviso. 24 tained and established upon a permanent footing, under thej authority of an Act of the Parliament of that Province, passed in the thirty-eighth year of the Reign of His late! Majesty King George the Third, intituled. An Actio ascertain] and establish on a permanent footing the Boundary Linal of the different Townships of this Province, or under thej authority of any Act of the Parliament of this Province, tol be passed in the present or any future session of Parliamentj for that purpose, upon the application of the Municipality o(| each Township respectively, or as such other Act may direct,! and not upon that of the Quarter Sessions of the Peace, asj required by such first mentioned Act : Provided always,! nevertheless, that no application of freeholders shall be neces^j sarv to enable such Municipality to make the necessary application for such purpose. XXXI. And be it enacted. That the Municipality of eacM of the Townships in Upper Canada, shall have power and! authority to make a By-law or By-laws for each, all or any o(j the following purposes, that is to say : Firstly. For the purchase and acquirement of all such rcalj and personal property within the Township as may be! required for the use of the inhabitants thereof as a Corpora- tion, and for the sale and disposal of the same, when nol longer required. Town Hall. Secondly. For the erection, security, preservation, improve.] ment or repair of a Town Hall, and of all other houses andl buildings required by or being upon any land acquired by or! belonging to such Township as a Corporation. School HouM. Thirdly, For the purchase and acquiremc.it of such real! property as may be required for Common School purposes! for building Common School Houses, and for the sale and! disposal of the same when no longer required, and providing! for the establishment and support of Common Schools, accord- ing to law. PublicPoundfc Fourthly. For the erection and establishment of one orl more Public Pounds in such Township, and settling the feeij to be taken by Pound-Keepers. Pound- Fifthly. For the appointment, under the Corporate Sea' ofl keepers, ^^^^ Township, of a sufficient number of Pound-Keepers,! Municipalities to make By- laws for cer- tain purposes. Purchase of real property. ^^aasacaitoiWfnitiaa^BwiSMSJ^ay i»v. he same, when nol 25 Fence-Viewers, Overseers of Highways, Road Surveyors, Fence^Vi^^w- and of such and so many other Officers as maybe necessary Township for carrying into effect any of the provisions of th.s Act, or of Officers, any other Act of the Legislature of this Province, or of the late Province of Upper Canada, or of any By-law or By- laws of the Municipality of such Township, and in like manner to displace all or any of them and appoint others in Teir room, and to add to or diminish the number of them or any of them as often as the said Corporation shall see ht. Sixthly. For regulating and prescribing the futies of allD«tie^-f Officers acting under the authority of the Corporation of such q^^^^. Township, and the penalties on their making default in the performance of such duties. Seventhly. For settling the remuneration of a" Township TheJ;^^^^^ Officers in all cases where the same is not or shall not be settled by Act of the Legislature, and for providmg for the pay- m nt of the remuneration by such Act of the Legislature, or by Te By-laws of the said Municipality provided and appointed for all Township Officers whatsoever. Eighthly. For regulating tbe bonds ^^^^f j^f ^^.l^^Ky '^ other securities to be given by all Township Officers for the ^^s^^ ?SuT discharge of their duties ; for infl.ctmg reasonable p n^ies or refusing to serve in any Township Office, and for [he infringement of ''any and every By-law of the Municipality of the Township. Ninthly. For the erection, construction or repair of such Drains^^^^^^^^^ drains and water-courses as the interests of ^ - '"^"^'^^^^ such Township shall in the opinion of the Municipal y require to be si erected, constructed or repaired at the public expense of such Township. Tenthly. For the opening, constructing, making, levelling, f^^^Jl nitchin-, raising, lowering,gravcHing, macadamizmg planking, Sing planUng, improl'ng, preserving and mainta.nmg of any n wo ^^xisting highway; r.,nd, street, sule-walk, crossing nUev lane brid.ro, or other communication within such 1 own- Shfo and for hc% ..pping up, pulling down, widening, altering, cha^ng g or diverting of any such highway, road, street sue- '''' „&' w . ,1 „ i„„„ i.riihrp or Other communication walk, crossing, "l'*-^;' J ;,,^;'f«' "Nevertheless, that no proviso « to within the same; Provid.- 1 always "^'^ ,'.. . cncroachmente such new, widened, altered, changed or .lacrted highway, ''{' 26 Highways passing through woods. on certMn road, street, side-walk, crossing, alley, lane, bridge or other perty.° **'"' communication, shall be !a<'' r.i'; so n? ♦,» run through or encroach upon any dwelling . barn, stable, or outhouse, or any orchard, garden, yard „ ;^dsii re- ground, without the consent in writing of the owner thereof. Eleventhly. For providing, that on each side of any highway, which shall pass through a wood, the timber shall be cut down for a space not exceeding twenty-five feet on each fide of such highway, by the proprietor of the land on which such timber shall be, cr in his default by the overseer of highways, or other officer in whose division such land shall lie, such timber to be removed by the proprietor within a time to be appointed by the By-law, or in his default by such overseer of highways or other officer, in which last mentioned case it may be used by the overseer or other officer as aforesaid, for any purpose connected with the improvement of the highways and bridges in his division, or sold by him to defray the expenses incurred in carrying the By-law into effect ; Provided always, that no such By-law shall authorize or compel the cutting down of any orchard or shrubbery, or of any trees planted expressly for ornament or shelter. Twelfthly. For the protection and preservation of any timber, stone, sand or gravel, grow ng or being upon any allowance or any appropriation for a .y public road or roads withiii such Township, and for the sale of any timber growing or being upon any road allowance, if thought proper, by the Council. Driving over Thirteenthly. For regulating the driving and riding on or " ^^' over any biidge erected or to be erected wifliiii such Township. Proviso as to orchards, &c. Protection of simber, stone, sale of timber, &c. Inns, taverns, victualling houses, &c. Licensing in certain coses. Fourteenthly. For regulating inns, taverns, ale-houses, victualling-houses, ordinaries, and all houses where fruit, oysters, clams, victuals or spirituous li«|uors, or nny other manufactured beverage may be sold, to be eaten or drank therein, and all other places for the reception and entertain- ment of the public within the jurisdiction of the Corporation of such Township, and to limit the number of ihem, anil in all cases when there exibts no other provision by law for the licensing of such houses, to provide for the proper licensing of the same, at such rates as to the Corporation of such Town- ship may seem expedient ; the proceeds of such license, in cases not otherwise appropriated by law, to form part of the i;s« ImjL- ■l' le, bridge or other .» run through or able, or outhouse, ound, without the 5ach side of any )d, the timber shall ty-five feet on each the land on which y the overseer of such land shall lie, r within a time to It by such overseer mentioned case it r as aforesaid, for nt of the highways lim to defray the oelVect ; Provided rizc or compel the /^, or of any trees •eservafion of any r being upon any ublic road or roads iny timber growing [ht proper, by the r; and riding on or lin such Township. /erns, ale-houses, )uses where fruit, ors, or nny other be eaten or drank )tion and entertain- of the Corporation >er of ihem, and in on by Ihw for the proper licensing of on of such Town- of such license, in I form part of the 27 ijublic funds of such Township, and to be disposed of as the Lid Corporation may consider advisable. I Fifteenthhj. For making regulations as to pits, precipices, piu, preci- Lnd d^ep waters, or other places dangerous to travellers. P«=e3, «c. I Sixteenthhj. For granting money to the Municipal CouMcil Granting of_^. [fthe Connty in which such Township shall be situate, or to p.^ving roadb, Ltof any adjoining County, to aid in the making, opening, &c. Vilding, maintaining, widening or improving any highway, Z(\ street bridge or communi.ation, lying between such rfownship and any other Township in the same or any adjom- La Countv, or in the making, opening, building, maintaining, fcfdening'or improving any highway, road, street, bridge or VomnmnLtion within such Township, assumed by the Mum- S Council of the County as a County work, or agreed to be assumed by such Municipal Council on the condition of ^uch grant. Seventeenthly. For regulating the manner of g'-^nting to Joint Stc«k associated Joint Stock Road or Bridge Companies, permiss-on ^^.^^^ P on?oceed with any Roads or Bridges within the jurisdiction bf such Municipality, and the manner of afterwards ascertain- L and declaring, according to law, the completion of the Uks undertaken by such Companies respectively, so as to iTnt tie such Incorporated Companies to levy tolls upon such kvoks and of all examinations, enquiries and investigations necessary for the proper, efficient and judicious exercise of JBuch power. Eighteenlhhj. For taking stock in or lending money to Taku^^Stock any incorporated Road or Bridge Company to which such endgc Com- Municipality shall have granted a license to Proceed vv.th such panic. ^vork, in accordance with the requirements of the Matute m L behalf, or in or to an) other such incorporated Road or ^ ridge Companv, in whose Road or Bri.lge the inhabitants w thin the jurisdiction of such Municipality sha 1, n the Opinion of inch Municipality, be sufficiently interested to S^rrant them in taking sucii stock or '- ^^^;i^,--^,^ ,,,,,. ^he advancement o. such enterprize. All ^' ^ '^""\' j dcnd8.inlereB^ fend proceeds to arise or be received from such stock or loan ^^ Koini at all times api.licable to the general purposes of uch " luniipality, and to' go in reduction of the rates required to be iricd for such purposes. m ,,., ^f'% i , .■ . i "■■■'!;|'!;'; Running at large of ani- ma 28 Nineteenthly. For restraining and regulating the runningl at large of horses, cattle, sheep, goats, swine, and other! animals, geese, turkeys and other poultry, and to impound orl provide for the impounding of the same, and for fixing thel periods of the year during which such animals or poultry shalll be permitted to run at large, and those during which they shalf be restrained from doing so. Tax on DogB. Twentiethly. For imposing a tax on the owners, posses-l sors or harbourers of dogs ; for regulating the manner inl which such dogs may be allowed to run at large, or for pre-f venting such dogs from being allowed to run at large atl improper times, and for killing and destroying such as are! found running at large contrary to such By-law. Destroying Dogs. Destruction of weeds. Exhibitiona, puppet shows, wild animals, Fines for ex- hibiting con- trary to such By-laws. Damages pay- able by owners of animals trespassing. Twenty-firstly. For the destroying or suppressing thel growth of weeds detrimental to good husbandry. Twenty-secondly. For the preventing, restraining or regu- lating exhibitions of wax figures, wild animals, puppet shows,! wire-dancing, circus-riding and other idle acts or feats whichi common showmen, circus-riders, mountebanks or jugglersJ usually exhibit, practice or perform, and requiring the pay- ment of a sum not exceeding five pounds to the Townshipl Treasurer before any and every such exhibition, shall be| allowed to be held or to take j)lace ; for imposing a fine uponl the proprietors or persons in charge of such exhibition, in easel they shall exhibit without such payment, and for the levying [ thereof by summary distress to bo levied upon the goods and! chattels of such showmen, or belonging to such exhibition,! whether the owners shall be known or not, or for the impri- sonment of the parties otlcMiding, for any time not exceeding! one calendar month, and for the ajjpropriation of suoh sums! as may be received or recovered under any regulation orl By-law to be passed for that purpose. Twenty-thirdly. For appraising the damages to be |)aid by the owners of horses, cattle and other <\nimii's trespassing,! contrary to the By-laws or regulations of such Township. Sale of animals Twenty fovrthly. For causing such horses, cattle or other] impounded. animals as shall be impounded, to be sold, in case the same are! not claimed within a reasonable time, or in case the damages,! fines and expenses shall not be paid according to such By-lawsj or regulations. iH^f [ulating the runningl swine, and other! , and to impound orl , and for fixing thel nals or poultry shall ing which they shallT the owners, posses- ng- the manner in| it large, or for pre-! to run at large atl troy ing such as are[ -law. or suppressing the! indry. restraining or rogu- mals, puppet shows,! acts or feats whichj ohanks or jugglers,| d requiring the pay- Is to the Township! 'xhibition, shall hel nposing a fine upon h exhiljition, in case and for the levying upon the goods and to sucli exhibition,! ot, or for the impri- time not exceeding! ation of suoh sums any regulation or mages to be paid by I \nimiils trespassing,! luch Township. )rsos, cattle or otherj in case the same are! n case the damages,! ling to such By-laws Twenty-gthli/. For settling the height and description of H«gjJ^fJ|f lawful fences. fences. Twenty sixthly. For procuring, in case the same hath been Establishment already done, the ascertaining and establishment by public ^^^^^^ [uthority according to law, of the boundary lines of such Township, and providing for the periodical inspection and Lreservalion of the durable monuments by law required to be brected for evidencing the same, and for procuring the necessary Estimates ; and making the necessary application for the same [iccording to law. I Twenty-seventhly. For empowering the landholders in Compounding luch Township, to compound for the Statute labour by them |°^„^'^^'"'« [espectively performable, for any term not exceedmg five years, U any rate not exceeding two shillings and six pence for each Ly's labour, and at any time before the labour compounded L ought to be performed, and by any such regulations to 'lirect to what olTiccr in each Townshq) such composi lori ^^PPf^^g^^^^ [noney shall be paid, and how such money shall be applied ind accounted for, and to regulate the manner and the divisions [n which the Statute labour shall be performed. Tiventy-eighthj. For enforcing the performance of Statute ^"^"^"u^f^^ br Road labour, or payment of a commutation in money Iherefor. I Ttoenty-ninthly. For the imposing and collecting by P^««/"'l P«' flistress and sale of the goods and chatties of the offender or bffenders reasonable penalties and fines not exceeding in any Lise five pounds currency, and reasonable punishment by Imprisonment, not exceeding twenty days, for the breach of \\\ or any of the By-laws or regulations of such Municipality. Thirtiethly. For borrowing under the restriction, and upon Bon-owittg [he security hereinafter meationed, all such sums of money as ""on^y*' Ihall or may he necessary for the executing of any Township public work within their jurisdiction, and the scope of the authority by this yVct conferred upon them. Thirty-firstly. For raising, levying, collecting and ap- ^i <^ jMopriaiing such moneys as may be required for all or any of moneya, Ihe purposes aforesaid, either by way of tolls to be paid on Ly Township bridge, road, or other township work, lo defray Ihe expense of making, repairing or maintaining the same, of '^*^4f |l;i;.:;'-;r-cB •r|i 5-1 30 by means of a rate or rates to be assessed equally on the whole /? ^ >* /r r ateable p roperty of such Township, liable to assessment! 6 1^ -J Ly7 ^ ^ according to any Taw which shall be in force in Upper-Canadaj ^^/ri-^^ < concerning rates and assessments. il regula- Thirty-secondly . For making such other local regulation tions not con- "^ ■ /. .i • w^ • ._ . . n.. ■ i J 1 '^ ^ 'if 4 ^ tStoTar"" not contrary to any law of this Province, or to any By-law 4 the Municipal Council of the County within which suchl Township shall lie, and which shall by law extend to and bJ in force within such Township, as the good of the inhabitant^ of such Township may in their opinion require. I Repeal, &c. of ThiHythirdlt). For the repeal, alteration or amendment] By-laws. from time to time, of all or any of such By-laws, and thd making others -n lieu thereof, as to them may seem expedied for the good r^i the inhabitants of such Township. II. COUNTIES. IvXXlI. And be it enacted. That the inhabitants of eacli and every County in Upper Canada, shall be a Body Corporate! and shall have perpetual succession and a Common Seal, witll power to break, renew or alter the same at pleasure, and shalll be capable of suing and being sued, of pleading and being! impleaded, in all courts and places whatsoever, — of pi"-chasing,| acquiring and holding lands and tenements and oJier real r.iidj personal property within such county, for the use of thej inhabitants thereof in their corporate capacity, — and ofj making and entering into such contracts as may be necessary! for the ^ xercise of their corporate functions, and that the! powers ol ti;e Corporation shall be exercised by and through} How exercised g^d in the name of the Municipal Council of such County. Counties \n- corporated. Corporate powers. Townreevees of Townships ard Deputies, &c. to form the Municipal Council of BUch County, Meetings of County Muni- cipal Councils. As to Cities. XXXIII. And be it enacted. That the Towreeves andl Deputy-Townreeves of the several Townships, Villages andl Towns within each County shall constitute the Municipal} Council for such County. XXXIV. And be it enacted. That the Municipal Counciij of each County shall meet at the Shire Hall, if there be one,, or otherwise at the County Court House annually, on thel fourth Monday in January, or if not on that day, then on some! day thereafter, and their meeting may be adjourned from timel to time, and to the same pln^o, or to any other place withinl the County, or any City lyi»'g within the boundaries of suchl 3t qually on the whole able to assessment! :e in Upper-CanadaJ ler local regulations or to any By-law oil within which suchi iw extend to and be Dd of the inhabitant^ iquire. lion or amendmentj I By-laws, and the Tiay seem expedient vs^nship. inhabilanfs of eacli be a Body CorporateJ Common Seal, witli t pleasure, and shallj pleadinfif and beingl iver, — of pi"-chasing,| s and oJier real r.iidj for the use of tliel capacity, — and ofl as may be necessaryl tions, and that the! ;ised by and through! il of such County. the Towreeves andl iships. Villages andl itutc the Municipal! Municipal Counciij [all, if there be one,j 50 annually, on the! at day, then on somej adjourned from tiinel y other place within! e bounilaries of such I County, although such City may be a County in itself for municipal or other purposes, or within the liberties of any I such City, and any Municipal Council may hold special I meeting, (to be summoned at any time by the County Warden) Special Meet, at the place where the then last meeting of such Council shall °^^' have been held ; and such special meetings may be adjourned from time to time, and to the same place, or to any other I place within the County as aforesaid. XXXV. And be it enacted, That the Municipal Council of Election of each County shall, at their first meeting on or after the fourth ^^^J^^ I Monday in January in each year, choose from amongst I themselves a County Warden, who shall thenceforth preside at all meetings of such Municipal Council. XXXVI. And be it enacted, That the keeping and repairing Keeping and of the Shire Hall, County Court House and Gaol, and of any ^"^f/j'^^if^^. House of Correction that may be erected and established by to be charged the Municipal Council, shall be charged upon each County ii upon each Upper Canada, and it shall be the duty of the Municipal ^"""^^y- Council to cause the same to be repaired and kept in repair at the expense of liie County, and to raise by rate upon the County all sums of money which shall be necessary for such purposes, and for every other purpose, the expense whereof shall be by law chargeable upon the County. XXX VII. And be it enacted, That whenever any new or I existing highway, road, street, bridge or other communication jwithm any Township, shall by any By-law of the Municipal Council of the County in which such Township is situate, be 1 assumed by such Municipal Council as a County road or bridge as being one in which more than one Township or the whole County is interested, it shall be the duty of such Muni- cipal, and they are hereby required with as i little delay as reasonably may be, and at the expe ise of the County, to cause such road to be planked, gravelled or macadamized, or such bridge to be built in a good and substantial manner, and from the time of the passing of the By-law assuming such road or br.ilo-e as a County work as aforesaid, and so long as the same shaU remain unrepealed, the Municijjaltties of the Townships in which such road or bridge shall be situate, shall cease to have any jurisdiction or control over the same or any part thereof as respects the making, maintaining or improving the sr.me, or the stopping up, altering or diverting the same, or the protection or preservation of any timber, stone, band or gravel growing or Duty of Coun- cil with respect to properly re- pairing high- ways, bridges, &c , assumed T County Roads or Bridges, &c. Powers of Minor Muni- cipalities to cease as to tho same. I it! i' - ^■;: i rill ■!' they runv 32 constitute tween any two or . _^^ conferred upon them .„.»... e-c,s,„g another pojj^r,^^y__^^ ^^^ ""' ^^./^er T. part within one of sucli Towusliips only. „„* .na XXXVIII. Ana .bo it -acAea That alUoa* a»l bridge. £°=K» ;i:>ra:uub^:; .o^be c„n.ro. o;;i'^.,«:-r nSin^': ristliction of ...phCountv as far as respects the making, ma.u « b Counties ?"^" vL cinn or the stopping up, altering or diverting one of such Townships. XXXIX And be it enacted, That all roads and bridges XXXIA. A"^' "^ between dilferent Counties or between -en two rS; 'S a'c t'y 'ly^n within the boundaries of such Counties, &<=, » County a u « j ^ b ^^^. incorporated Village to be under County or on Hic bountib 01 jurisdiction andl AstoBy-laws Standing hat the 7;^°\ '" , ^,^^^0 ^uch Counties oti tegardingthe occasionHlly deviate from its course Duwcenhu ■ -„S.o " u r'^Mr.v nnd Citv or along the bounds ot such lown ori the other of such Counties, City, lown or viubr , i By-law with r( I poses a 1 the pas nearly XL each < Count tlio C spec i a the sal shall i Count ships CoIle( fioads and Bridges b& tween two Counties, &c., Bome. If lilJM^r'rii'r "' iiiilii" ii If "^^ • riding thefeonj of rtheless, that the] iny road lying be-i provement thereof, i nferred upon them ,ot be deemed an io as to render it e the same to be inbefore provided, f such roads may I n such Townships, to lie wholly or in I roads and bridges Townships, situate vithin the jurisdic- [unicipal Council of] ng, maintaining or ihering or diverting ion of any timber, 3reon, or the '•egu- tier use of the same, inch roail or bridge] course between such y lie wholly withinl I roads and bridgesl Counties or betweenl boundaries of suchl ncorporated Villagel tlie jurisdiction and! ::3orporations of bothl City or Town and! intaining or improv-l ing or diverting the! tone, sand or gravell lating the driving orl 3, anil this notwith'l bridge shall or mayl en such Counties otl js of such Town otl wholly within one ofl 1 or Village, and nol 33 Bv-law to be passed by any of such Municipal Corporations ' fvith Aspect to any sf.ch road or bridge for any of the pur- To^ afo^resaid, shall have any force or effect whatsoever unt. ?b passing of 'a By-law in similar or corresponding terms as ' nearly as may be by the other of such Corporations. XL. And be it enacted That the ff^l^\.f '''''' f 'l^£:lC^- each County shall, upon the report of the Aud.tos of the „^„g^,^^ rountv finally audit and allow all accounts chargeab e against Couniy. ^r County ; and in case any such charges shall not be ecially rJ^ulated by law, it shall be their duty to allow for T T!Z snrb sums as may be iust and reasonable ; and they AmlofTrea- :,' n rrmre^also a^ulit Ld allow the accounts of the .^u,.-a Coun V Treasurer, and of the Collectors of the several Town- s^.ips within their County, so far as the accounts of such Collectors shall relate to County purposes. XLl And be it enacted, That the Municipal Council of CouncUs^m^^^^ o.rh Countv shall have power and authority to make a Ly- f„, ^ertaia law oVCl^ws for each! all or any of th. foUowmg purposes, purposes, that is to say : Fivitlv For the purchase and acquirement of all such real Purchase of «nd Sson^l prop ty, within the County, as may be required real property. J^ County Purposes,^'and for the sale and disposal of the same when no longer required. repair of a Shire Hall, Court House, Gaol, House ot Correc ^^^ ^^^^^ o^n House of Industry, and of all other Houses and other .ytuild- huirdings required by or being upon any land acquired by or .gs. belonging to such County as a Corporation. Thirdly. For the purchase and "^^-^^^--^g^^"^^^^ J^f. ^6^^" nronertv ?s maybe required for County Grammar School pur g^hoolHou. uoses and for the erection, preservation, improvement and,es,&<:. fena ; of County School Houses for the use of Grarnmar Sols in suclf parts of the County or within any City or the liberties thereof, lying within the l>o""^;" ^ «, /^"^^ County, as the wants of the people naost require, for the sale and disv osal of the same when no longer required, and or makin?such provision in aid of such Grammar Schools as they mJy deem expedient for the advancement of education m the same. 4"" 10 **^ 'i«r > .ij: Making a pro- vbion tor the expenses of Pupils attend- ing in the University of Toronto, &c., whose parenta are unable to to incur such expenses. 34 Fourthly. For making some permanent provision for de- fravincr out of the public funds of such County, the expense of the°attendance at the seat of the University of Toronto, and of that of Upper-Canada College, and Royal Grammar School there, of such and so man)^ of the Pupils of the ditfe- rent public Grammar Schools of such County, as shall be desirous of, and in the opinion of the respective Masters of such Grammar Schools shall be of competent attamments for entering into competition for any of the Scholarships, Exhibi-I tions or other similar Prizes offered by such University or College to competition amongst such Pupils, but which 1 upilsl from the inability of their Parents or Guardians to mcur the necessary expense of such attendance, might otherwise be deprived of the opportunity of competing for the same. Endowment of Fifthly. For the endowmeut of such and so many Fellow.l Fellowships in syjips*; Scholarships, Exhibitions and otiicr similar Prizes in the Univereity .i.„' Tj^iversitv of Toronto, or in Upper Canada College and ofroronto.d..t^eUn.v^^^^y^^^ School'th'.re, to be open to competition amon.rst the Pupils of the dilTerent public Grammar Schools of such County, as they shall deem expedient for the encourage-i ment of Learning amongst the youth of such County. Appointment Sixthly. For the appointment of the Inspectors of thel of inspectors of c^jy^t j^ousc of Industry and of such and so many OlliccrsI &;' asm./ be necessary for carrying into ellect any of the prov.. ' sions of this Act, or of any other Act of the Legislature of this Province, or of the late Province of Upper Canada, tlio erection or maintenance of such Houses of Industry or of any By-law or By-laws of the Municipal Council of such County respecting the same. Remuneration Seventhly. For the settling the remuneration to all Countyl (f County OfTicers in all cases where the same is not or shall not be ^*^""- settled by Act of the Legislature, and for providing for the payment of the remuneration by such Act of the Legislature or by the By-laws of the said Municipal Council provided and appointed for all County Ollicers. Regulation of Eighthly. For regulating all Ferries between any twol ?er?£&c. places in such County, and for establishing the rates of pay or hire to be taken by the owners or conductors of the boats or Provi.0. vessels employed on such Ferries, but no By-law for any such purpose shall have any force or effect until the same sliall provision for de mty, the expense rsity of Toronto, Royal Grammar apils of the ditfe uity, as shall be 3ctive Masters o( It attainments for olarships, Exhibl uch University or , but which Pupils] lians to incur the ight otherwise be )r the same. tl so many Fellow-j similar Prizes inl nada College and! en to competition! Irammar Schools of| for the encourage- :h County. Inspectors of the so many Ofnccrs| any of the provi- the Legislature ofl Upper Canada, the Industry or of any cil of such County] atlon to all County not or shall not be r providing for tlie of the Legislaturol Council providedj between any twol the rates of pay or nrs of the boats or ly-law for any such ntil the sume shall 35 have been assented to by the Governor of this Province in ICouncil. I Ninthly. For settling and paying a rate at which the R/™,-^*!"" iTownreeves and Deputy-Townreeves forming such Municipal ^^^^^^^ ICouncil shall be remunerated for their attendance at such ICouncil- Provided always, nevertheless, that no By-law to proviso as to be passed for this latter purpose after the year of our Lord, co™ce- one thousand eight hundred and fifty, shall he valid, unless -;^;f;"«=l^ Ithe same shall by the terms of it be limited to take effect two I whole years at least from the passing thereof. Tenthlii. For the erection, construction or repair of such Erection, &c , .Inins and water courses as the interests of the inhabitants of o* 'i^'^'^'- such County at large shall in the opinion of the Municipal Council require to be so erected, constructed or repaired at the public expense of such County. Eleventhly. For the opening, constructing, making, level- owning. ";»- lin-r, pitching, raising, lowering, gravelling, macadamizing, pairlngof inliniking, repairing, planting, improving, preserving and mam- roaJ«.&.. I linincr of any new or existing highway, road, street, side-walk, rrossin«" 3» to cet" "'-'^'^j^^W^^^^^^-i^ [lfcll I'i' 4 ^ ri!| Protection of timber, &c. Regulation of driving on Bridges. of 36 uin kind, of shall be laid out so as to run through or encroach upon any property. dwelling house, barn, stable or outhouse, or through ariyi orchard, garden, yard or pleasure ground, without the consentj in writing of the' owner thereof. Twelfthly. For the protection and preservation of any! timber, stone, sand or gravel growing or being upon any! allowance or appropriation for any of such County roads. TIdrleenthly. For regulating the driving and riding onl or over any County bridge erected or to bo erected under the| authority of such Municipal Council. Fourteenthly. For preventing the immoderate riding orl drivin.^ of horses or cattle in any of the public highways ml such County, whether such Highways be Township or Countyj roads. Fiftemthhj. For making regulations as to pits precipicesi and deep waters or other places dangerous to trave lers in the immediate neighbourhood of any County Road or Bridge. ■ Sixtecnthly. For granting to any Town Township or VilJ lace in such County, by way of loan or otherwise, such sural or sums of money in"aid"of such other moneys as may be raised by the Municipal Corporation of such lown, lownshipor Villntie or by voluntary subscription, for or towards thel makiiig, opening or erecting of any new road or bridge in such l\)wn. Township or Village, in cases where such Mum- cipal Council shall deem such Town, lownship or Village work ofsufticient importance to justify the atlordingsuch assis- tance to it, with a view to the general interest possessed by tliel County at large in such Town, Township or Village, and yet where such work is not of a character, in their opinion, to justify them, in at once assuming the same as a County workl to be executed wholly at the expense ol the County at large. Attaching Seventeenthly. For attaching any new Township or Town.| Townships to si^ips within such County not having a suUicieiit population lorl "'''"'* a separate Municipal organization of their own under thel provisi..nsof this Act, to ';uch of the older Townships of sucli County as they shall deem best for the convenience ol (lie inhabitants of such new Township or Townships, and for thuil forming them into a TTnion of Townships for the purpose o(j Buch Municipal Organization. Prevention immoderate driving on Highways, Regulations as to Fits, &c., Dear Roads. Granting loans to Towns, Townships, &c., in the County. 37 encroach upon any ;, or through aiiyj vithout the consent (reservation of anyl r being upon any] County roads. ing and riding on 10 erected under the moderate riding orl pubUc highways inl fownship or Countyj s to pits, precipicesi s to travellers in the| lload or Bridge. n, Township or Vil otherwise, such sun oys as may he raised fown, Township or for or towards the V road or bridge in] s whore such Muni 'ownship or Village] J ado rd ing such assis- ;rest possessed by tlie or Village, and yd , in their opinion, to ie as a County work] the County at large. Township or Town-I ricieut population fori heir own under the! 3r Townships of suclif ! convenience of (liej wnships, and for thuil )S for the purpose oil I Eishteenthlv. For regulating the manner of granting to Granting associated Joint Stock Road or Bridge Companies, licenses to hcenses »« Iproceed with any roads or bridges wilhm the jurisdiction ot gj^ge Com- Isuch Municipal Council, and the manner of afterwards ascer- panies. Itaining and declaring according to law the completion of the Iworks undertaken by such Companies respectively, so as to lentitle such Incorporated Companies to levy tolls upon such Iworks, and cf all examinations, enquiries and invest-gations Inecessary for the proper, efficient and judicious exercise of jsuch power. I Nineteenthly. For taking stock in or lending money to any Taking Stock Incorporated Road or Bridge Company to which such Mum- ^-J^f^^^^^ cipal Council shall have granted a license, to proceed with ^^.^^^^ jsuch work in accordance with the requirements of the Statute in that behalf, or in or to any other such Incorporated Road or Bridffo Company in whose road or bridge the inhabitants within the jurisdiction of such Municipal Council shall in the opinion of such Municipal Council be sufficiently interested to warrant them in taking such stock or lending such money for the advancement of such enterprize ; all dividends interests AstoDivi- and proceeds to arise or be received from such stock or loan dends, interest, bein<' at all times applicable to the generaf purposes of such &c. Mumcipal Council, and to go in reduction of the rates required to be levied for such purposes. , Twenticthhf. For the imposing fines not exceeding in any Fine., case ten pounds, currency, for the breach of ah or any of the [By-laws or Regulations of such Municipal Council. Ttoenty-firsthj. For borrowing under the restriction «"<], Bo™;;i"g upon the security hereinatlor mentioned, all such sums of '"on^y.. moncv as shall or may be necessary for the execution of any County work within their jurisdiction and the scope ol the - jaulhority by this Act conferred upon them. , Twcnty.scconOly. For raising, levying, collecting and ^^^S appropriating such moneys as maybe required for all or any of'tho^nirposcs aforesaid, either by way of toHs to bo paid on any County Bridge, road or other pubhc work, to defray to expense of making, repairing or maintaining ho same or by means of a rate or ratos to be assessed equally on the whole rateable property of such County liable to assessment, acxord- ing to any law which shall bo in force m Upper Canada concerning Ratos and Assessments. County Muni- cipal Councils may define limits of villa- ges, &c. 38 Repealing or Twentij-thirdly. For the repeal, alteration or amcndmen amending By- f^^^ ^l^Q (o time of all or any of such By-laws, and thd '^^^" making others in lieu thereof as to them may seem expedieni] for the°good of the inhabitants of such County. III. POLICE VILLAGES. XLII. * nd be it enactea, That it shall and may be lawfu for the ]\.anicipal Council of any County, by By-law to bd passed upon the Petition of anv number of tne inhabitants o| any unincorporated Village or Hamlet, situate in such CountyJ or for the Municipal Councils of any two or more CountiesI upon any such petitions from the inhabitants of any unincorj porated Village or Hamlet, situate partly within one of suctf Counties and partly within another or others of them, to dcfind the limits within which in respect to such Village or HamleJ there is, in the opinion of such Municipal Councilor Municipal Councils, a resident population sufficient to make it expedien| that the provisions of this Act for the regulation and Police ol unincorporated Villages should be applied to such Village oj Hamlet, and in 3V..y such By-law such Municipal Council oj Councils, shall fix the place in such Village or Hamlet, whcri^ the first annual election of Police Trustees, under the authoritjj of this Act, shall be held for such Village, the person whJ shall preside at such meeting, and the hour at which suclj meeting shall be opened for that purpose. XLIII. And be it enacted, That on the second Monday ir.| January next after the end of three calendar months from tliel passing of such By-law or By-laws, as the case may rcquircJ and annually, on the second Monday of January in each andl every year thereafter, until such Village shall be incorporate J under the provisions of this Act, it shall and may be lawlul for the resident freeholders and householders of such unincurJ porated Village to assemble at the time and place appointeJ for that i)urposc, and to proceed to elect from among tliemselvcsj three Police Trustees for such Village, which three Trustee^ Appointment or any two of them, by a Memorandum in writing under tlieid of insiMjciin- j,3n,|g to bo f.ici vvith the Township Clerk of the Township ' in which such Village is situate, or when such Village ill situate within two oV more Townships, then to be 'iled witlj the Township Clerk of some one of such Townships, shall] within a reasonable time after the election, nominate audi appoint one of their number to be the Inspecting Trustee o([ such Viliago. And fix place offirst clecticn, Meeting fot election of Police Trus Ices. ; ,iii, 111111111* imm. 39 ition or amend menu By-laws, and tliej lay seem expedient] i:s. and may be lawful V, by By-law to jf the inhabitants ol late in such County] 1 or more Counties, ints of any unincor] within one of suci irsof them, to dcfini h Village or Hamlel Councilor Municipal make it expedieni ilation and Police d to such Village oi lunicipal Council oi vc or Hamlet, where ;, under the authoritjj ge, the person win hour at which sucI 3 second Monday ir. ular months from tliel ho case may require January in each andj shall be incorporate and may bo lawfi lors of such unincor- ami place appointed )m among themselves vhich three Truslccsl n writing under thei k of llu! Town^;hip hen such Village \ then to be 'iled wi ' h Townships, shall ction, nominate and Inspecting Trustee oi Township Collector to deliver a copy of the roll of freeholders and house- holders to the person presi- ding at the election. XLIV And be it enacted. That it shall be the duty of the Collector and Collectors of the Township or Townships within which such unincorporated Village shall be situate, whether ap- 'nointed under this Act or before the passmg thereof, to deliver ito the person appointed to preside at any such election, or to anv person by him appointed to receive the same, a fair copy of the Collector's Roll made up next before such election so far las such Roll contains the names of the resident freeholders and householders "f «"^\"rr '■^"''' //nirsucrRolls' Attestation cf 'amount for which they shall be assessed upon such Rolls , ^^^j^ ^^py^ which copy shall be verified by affidavit or affirmation append- edto, or endorsed upon such copy, and sworn or affirmed before any Justice of the Peace for the County, to the effect, S the same is a true copy of such Roll, so far as relates to he unincorporated Village for which such election is to be I Id and that it includes the names of all the resident freeholders and householders in such unincorporated village, and the amount for which they shall have been assessed as 'entered upon such Roll, and the persons entitled to vote or be Icled at such election shall be those whose names are upon 'the said Roll or Rolls thus verified, and who sha continue at c ime of aie election to be resident in such Village : Provi- ded always, firstly: that the holder or occupier of any separate poJtion of a house having a distinct communication Mb a roid or street, by an outer door, shall be considered a ihouscholder within the meaning of this Act in ^^^ Mesial 'bo assessed therolor as a house upon such Collector's Roll or Rolls as aforesaid: And provided also, secondly : that no Inerson shall be qualified to be elected at any such o ection of 'Trustees who shall not have been entered upon such Roll or Rolls as aforesaid, for rateable property held in his own right or that of his wife as proprietor or tenant, to the value of one hundred pounds of lawful money of Canada. XI.V. And be it enacted. That at every subsequent aunu J election of Police Trustees for such unincorporated \ illago after the first, the person to preside at such election, and the hoSr at whid; the Jame shall'commenco, ^^all bo «Ppomted l^^ the Trustees for the preceding year or any two ot them under dr hands, of which duo notice shall by them ^e ^-v- ^X xvrillcn or printed notices thereof, to be put up m at least three of the most public places in such unincorporated Village. XLVI. And be it enacted, That if at the time an^^^^^^^ ,ppointed for any first or subsequent election of Irusteos, lor Proviso as to Tenants of paitE of hou- ses. Proviso as to qualification of electors. Appointment of jicrsons to preside at annual elec- tions. Provision in case of absence |awcmiv»«J 40 cfpcrBonap. any such unincorporated Village the person W;"tetl tol poiktedto pre. ^^gj^j^ thereat shall not attend withm one hour after the time ,ideatelecUon. ^ -^^^^ f^j. commencin(r the proceedings, the resident inhabi- tant freeholders and householders of such \ illage, or a| maiority of them may, if they think proper, proceed to nomi- nate a person to preside at such meeting, and the election of Trustees for such year shall be held by such person, as if he had been the person appointed by the Municipal Council of the County ot by the Trustees for the preceding year as| aforesaid. « • ■ • XLVII. And he it enacted, That upon the happening o frrran. any vacancy by death or otherwise amongst the Police Trus c among the . ^^ ^f any such unincorporated Village in the course ot the 1 .Ike frus. ^-J^.^j^ ^^ ^^^1, i^^^e been elected, it shall and may be lawful for the remaining Trustee or Trustees by a memo- randum in writing, to be fyled with such lownsh.p Clerk as aforesaid, to supply such vacancy by the appointment of Trustees or a Trustee in their or his place, which rri^tees or Trustee so appointed, shall hold his office to the end ol the term of office of the person in whoso place he shall have been appointed, and no longer, and shaH, during the time he shall hold the same, possess all the authority of such person. XLVIII. And be it enacted, That any Inspecting or otherl Sf Trus. Trustee of any of the said unincorporated Villages who shall Korncg^e^ilf^lly neglect or omit to fuKil any of the duties hereby •^^"'y* imposed upon him, or to prosecute any olTender against thel Regulations of Police hereinafter established, for such unin. corporatcd Villages, at the request of any inhabitant house- holder, offering to adduce proof of the offi,'nce, shall, on being thereof convicted in manner hereinafter provided, incur a| penalty of twenty shillings, currency. Penalties to b« XLlX. And l)c it enacted, That the penalties Prescrlbedl sued for within • ^^^^^ ^v the next immediately preceding section ot tins Act,l *'^"''^"'^'""- or under that for the establishment of Regulations of Police for such unincorporated Villages, shall be sued for within ten days after tho offence for which they sliall have been incurred| shall have ceased, and not afterwards. „ „• ♦ 1 « L. And be it enacted. That all penalties incurred by any per- f;rr *:nS son or persons, under any of the Regulations of Police, by tho recovered by ^^j^t succeeding section of this Act, cstabhsbcd for such uiun- I corporate Inspectir ior when some otl Peace h such Vi of the who shf , manner credible by dist whole improv the dir* master such V be app shall L son appointeJ to I our after the time I le resident inhabi-l h Village, or a| proceed to nomi- nd the election ofl . person, as if hej licipal Council ofl preceding year asl the happening o t the Police Trus^ the course of the 1, it shall and may ustees by a memo-' Township Clerk as] 10 appointment of which Trustees or to the end of the he shall have been ; the time he shall' iuch person. Inspecting or other Villages, who shall the duties hereby ITender against the led, for such unin- r inhabitant house-' nee, shall, on being provided, incur a penalties prescribedl section of this Act,l gulations of PoliccI sued for within tcnl have been incurredl incurred by any per- )ns of Police, by tlioj Ushcd for such unin-l 41 , 1 ViUaL^e-^ shall be sued for and recovered by the In^^^-S corporated ^;^1 |f ^ '^^^^^^ ,f ,^,i, village, or in his absence, Inspectmg Trustee ot ^0 ^^^^^^.^ against, then by manner, and upon u u nena tv to be levied credible witnesses, and si aU <;2s of he offender ; and the How appUeO. bv distress and sale ot lie goous oi u ^ v^hole of such penalty shall be applied ^^ \^ ^^P ^^^^, i„ ovement of the streets - J- ^l^ff^l W 'l 'e Path- ' t^:^Tl^^^^^ ^rtor^S^th:n;^s^hau .hill be paid over for that purpose. shall ue p.uii ^j. ^I^g p^j.^^ ^^^^,f^ TI And be it enacted, That it shall De tne " v . to ^1°"^ ^° Vr**- Li. Ami uu p gucb unincorporated Village lo a^^^j^ Villages, that is to say : . . r o t adders on ^sUy. AUand every tlic^P^^- ^ eS^^^ai:;^^^" house or houses of more than one story ,^ ^^^^^^^^^ ^^ the said Villages, ^^;" T> "«« or (^^use o be i ^^^^ ^^ ^^ ladders on the roof of ''^^ JJJf, ^^J , ,„a mother ladder adjoining the ch.mney or ch.mnev s thue , ^^ reaching from the ground to the ^ ^\j"\^^,it of five their relpective houses as -^^^^^^iX C^ and of ten .hillings currency, for - > J^^e y week cUiring which :l;i;;'sScfio'^^^^ ladders as atorosaid. cr iiu All nnd every householder or householders in the Buckets -, Secondly. All ana c\ciy .^^^ ,,,^gpif or said Villages shall be ho d to ^^^^^f^"^ ^^ ^.^^,,- ,vater, ^^ ,:.C-!^i^t:'.:i^~-*->*^-^ I I- 'Hi ■M m Stove pipes ; 42 person, to build, make or cause to be built and constructed, any oven or furnace within the limits of any of the aforesp.id Villages, unless the same adjoin and be properly connected %vith a chimney of stone or brick, which chimney shall rise at least three feet higher than the house or building in which the| said ove.1 or furnace may be, and three feet higher than any I building within one chain of the said oven or furnace, under a pcr.?Uy which shall not exceed ten shillings currency, and for non compliance with this regulation, the offender shall incur a penalty of fifteen shillings currency, for each week during which he shall neglect to comply therewith. Fourthly. It shall not be lawful for any person in any of the said Villages to conduct any stove pipe through any I wooden or lathed partition or through any floor, unless there be a space of six inches between the pipe and the partition or floor, or the nearest wood-work, and the pipe of every stove , shall be inserted into a chimney, and there shall be left at I least ten inc'.ies in the clear between any stove and any wooden or lathed partitions, or other wood- work, and each and every person offending against this regulation shall incur a penally of ten shillings currency. Entering ccr- Fifthly. Any person or persons who shall enter into any tain places mill, bam, out-house or stable within the limits of any ol the with caudles, g^jj Villages with a lighted candle or lamj), without having **• the same well inclosed in a lantern, sliall for every such offence incur a penalty of five sliillings currency, and any person or persons wlio .shall enter into any mill, barn, stable or out-house, within the limits of any of the said V^illages with a lighted pipe or cigar, or carry fire not properly secured into sucii barn, stable or out-houses shall for every such offence incur a penally of five shillings currency. Sixthly. No person or persons shall be allowed to light or have a lire in any wooden house or out-house, of any descrip- tion, within the limits of any of the said Villages, unless the same be in a brick or stone chimney, or in a stove of iron or other metal, under a penally of five sliillings curie .:y, for each offence. Usbg vessels Seventhly. All and every person or iiersons who shall carry for couvcying ^^ convey firo into or through any sheet, lane, yard, garden ' or place, in any of the said Villages, or cause fire to be so carried or conveyed without having the same confined Lighting fires in wooden houses, &c. I gs currency, and 43 i„ some copper, i.n or ^^J-^^^^r^^^^^^ revTSetur£ce^fa^e\at^ a further penalty of five shillings currency. r^- Uhh. Anv person or persons who shall put or cause to gay, .straw.^j_ Eighthly. AnyPjrso" v ^^^jg in any dwelling ,i' touBes : be put «^P'^;^;^,/"i^.uf of any of the said Villages shall from the said dwelling house. ^ ^.nthiy. All ^'^:^^;:/rz:^. S -»"- or have gun-poNvder for s^lf. '" ^"y ^ j^^j ; and for every keep the same m boxes o^ 3pe on or persons shall incur =;;T:£:; s^mngSt V arst ^nce, and .rty shillings^for every subsequent offence. . ,11 A nv n.>rson or persons who sV.all m any o the ^^^ ^^ Eleventhly. Any Pf*".""^^, ,^ .,„,,cs or cinders of any kmd, said Villages keep or ^'^P^-^ '^^-;;^^' .^ ,-s of pot and pearl (ashes in the possession ^^^^''^^^^^^ ^,,^ ,,. Jnier thing not sl>es excepte.1,) '^l^'^VTrnrti^ror copper, so as to prevent lined or doubled With sheet ron tm oi coi , i.^^^^^^^ In dan,or of Are or -^^^ ^^^/'^p naU^f five shillings shall for every such oUente nicui i j *^""""^^" 1 cl,nl1 -.n qnv of the auick !imo ; T..//^M,.Any,.rsonor^^^^^ said Villages place or ^^P^ .,, 7X,i,„t such lime may be m any house, -'t-l^'H^se or bu.ld.n , so ^^^^^^^^^ ^^^^^^.^ contact with or touch any ^^"" . '. ^ f^,r every such I, „ny ,langc,- of fire or ^™^- "^Ic t "ncy.anJ a to;)« offeiico incur a penalty "1 '"° *■"".= .,, j^y „„til such limo p„„„Uy or ten sl,U i,|gs cuvren , or f j»4,^,„„ „f 3uch tL'b;Xst;:narS manner as not to case any danger of accident by fire. ' ■ 'i ' \ m ':^ li^ ¥- 44 Thirteenthly. Any person who shall light a fire in any of streets, lanes ov public places oi any of the said Villages, shall for every such offence incur a penalty of five shiUingsl currency. Fourteentiily. No person or persons shall erect or cause to be erected any furnace for making charcoal of wood within the limits of any of the said Villages, under a penalty of twenty' shillings currency. Fifteenthly. All and every person or persons who slnll] throw or cause to be thrown any filth, rubbish or ordure mtol any ot the strocis, lanes or public places v/ithin the limits ofl any of the said Villages, shall, for every such offence, incu r a penalty of two shillings and six pence currency, and oi five shillings currency for every week during which they shall neglect to remove the same, after notification to that effect by the Inspecting Trustee, or some other person authorized by | , him for that purpose. IV. INCORPORATED VILLAGES. Inhabitants of Lij. And be it enacted. That the inhabitants of every .y"'"f« '^-r"- Vil!aave bee" PoUce Trustees appointed, the Clerk of the Board of Police or Town Clerk, or the Inspecting Trustee, as the case may be shall be the Returning Officer for the first election to be held und«r this Act, and 'at each succeeding election the yillage Cleric of such Village, for the time being, shall be the I Returning Officer. LV. And be it enacted, That in case of an election in any c^^^^^^^^^^ VUlasre where there shall not have been a Cleric ot tlie Board ^^^ ^^^^^^ li Police or a Town Clerk, or an Inspecting Police frustee a Returning lo w 1 ch shall not have been before incorporated, it shall and Officer. mav be lawful for the (lovernor of this Province to appoint a Remrning Officer to hold the first election for such \ iHage under this Act. LVI. And be it enacted. That the .l^^^urning Officer for Peaces of^^^^^^^ I everv such Village shall appoint the place for holding such ^^.^ ^^^^^.^^ > Villarve election, of which app..intment he shall give notice thereof. by porting the same at least ten days before the election, in at least three public places in such Village. ^ LVII And be it enacted. That it shall be the duty of the Returning I Returning Officer, for each of the said Villages to procure a ,,„,ecopyot correct copv of the Collector's Roll for such Village or of the Collector's RoTo Rolls for the Township in which such \ illage is Roll. I ^tuate so far as such Rolls or either of them exhibit the ' name 'of the freeholders and householders rated upon such RoT or Rolls within the limits of such Village, wi h the art. unts for which they shall be respectively assessed upon suTroU or Rolls, each of which said copies shall be verified n I ke maner as the copies ..( Collectors' Rolls produced a the Township elections,^ as hereinbefore provided : Provided Prov.o : .ho alwavs thatnonerson shall be qualified to be elected as ^ J,^,^^^^ V Uage Councillor who shall not be possessed, to his own use ,ecto.. of reaUstate held by him in fee or freehold, or for a term of iZm/ to)'; Provision with respect to the incorporation of Villages in which the po- pulation shall increase to a certain num- ber. Petition to the Governor. Action upon such Petition. m 46 twenty-one years or upwards, of which at least seven yearsi remain unexpired, situate within the Village for wh.clt ho is elected of the assessed value of two hundred and fifty pounds, or unle'ss he shall be a tenant from year to year, or for a term of years, of all property within such Village, at a bondfidel rental of twenty pounds per annum or upwards, or shall be in the receipt of twenty pounds or upwards of yearly rent or profit accruing from or out of real property within such Village ; and the male inhabitants being either freeholders or householders upon such Roll or Rolls and resident at the time of the election, and who shall appear m the said Roll or Rolls to have been assessed either as proprietor or tenant for a house or houses, or for land or for both, to the value of twelve pounds ten shillings currency, within the limits of such Village, and none other, shall be entitled to vote at •suchj Village election. LVIII And be it enacted, That when and so often as any Police or other Village, Hamlet or place in Upper Canada not incorporated by name under this Act, together with the imme- diate neighbourhood thereof, shall be found by the Census Returns for the same to contain over one thousand inhabitants whose residences are or shall be collected within a convenient neighbourhood or proximity to cadi other to lorm an Incorporated Village, it shall and may be lawful for the I ol.ce Trustees of such Village, if the same shall be a 1 olicc \ illage, or for any number of rendeut freeholders or householders ol sucii Village, Hamlet or place, in case it sli<.ll have no Police Trustees, not less than one hundred, to petition the Governor of this Province that such Village, Hamlet or place may be erected into or set apart as an Incorporated Village, and the inhabitants thereof incorporated under this Act; and upon such petition, it shall be lawful for the Governor of this Province, by an Order in Council, to issue a Proclamation under the Great Seal of this Province erecting or setting apart such Village, Hamlet or place into or as an Inco^^^orated Village bv°a name to be given in and by such Proclamation, and to set forth in such Proclamation proper boundaries for such Village, including within such boundaries any portion of the Township or Townships which, from the proximity of streets or buildings therein, may conveniently be attached to | such Village, Hamlet or place, and when such Village shall have grown up on the confines of two or more Counties, so as to lie partly within the limits of each, to annex east seven years] 3 for whicli ho isi I and fifty pounds, ;ar, or for a term ;, at a bond fidel rds, or shall be in jf yearly rent or 2rty within such ler freeholders or jsident at the time said Roll or Rolls tenant for a house e value of twelve e limits of such 1 to vote at •such] nd so often as any! Upper Canada noil ler with (ho inime-l ind by the Census lousiUid inhabitants •ithin a convenient thor, to form an| wful for the Police c a Police Village, r householders of id I have no Police lion the Governor or place may be 1 Village, and the s Act ; and upon ) Governor of this ;ue a Proclamation ling or setting apart IS an Incorporated iuch Proclamation, per boundaries for ilaries any portion n the proximity of ntly bo attached to I such Village shall or more Counties, »f each, to annex 47 Le whole of such Village as incorporated to some one of Kh Counties exclusively ; and the inhabitants of such Injrporatjon Villat^e shall, on, from and after the first day of January ^^^^^^^ next "after the end of three calendar months from the fesfe of such Proclamation, be incorporated, and the said Village shall become an Incorporated Village apart from the ToNvn- Lhin or Townships in which it is situate, and the first election for such Village shall be held in the manner hereinbefore nresiribed on the first Monday in that month, and such iVillacre shall from thenceforth form a part of the County to Lich it shall have been so annexed as aforesaid, and shall be subject to the same regulations and provisions ot law, «nd shall have the same immunities and privileges as a iVillace named in the said Schedule to this Act annexed Larked A, as fully as if such Village had been mentioned Itherein. I LIX. And be it enacted, That the Municipality of every such Village shall be formed in like manner as the Muni- inality of any Township, and shall have all such powers, ,,uties and liabilities wahin and in respect of such \ illage as the Municipality of any Township shall have m respect of ,nch Township, and the Townroeve of every such \ ilage, jnd die other Officers thereof, shall have like powers, duties nd liabilities within and in respect thereof as the lownrceve lor other Officers of any Township shall have within and in Cespcct of such Township, and the Townreeve of each of such Villas^cs shall be a Member of the Municipal Council ot the Icounly in which the same is situated. I LX. And be it enacted. That the Municipality of each vnia.o Muni. Ivilhv^e, which; shall be or remain incorporated under tlie -P„^>SeX Ifluthoritv ot this Act, shall moreover have power and authority i^wsfor- Ito make By-laws for each or any of the following purposes, |that is to say : I Firstly. For the opening, constructing, -nking, levelling, Opjnns&c. pitching, raising, lowering, gravelling, macadamizing, plank- road^. &c. linl pav ncr, fiagging, repairing, planting, improving, preserving andm'intaning'any new or^xisting highway, road, street, quare, side-wtlk, crossing, alley, lane, bridge or other clmu'nication, or' any public wharf, ^^f ^^J' «\P' ^^'^«'"';?;:„^^' shore, bay, harbour, river or water and Uic shores and banks hereif w thin the jurisdiction of the Corporation of such Duties and liabilities of _ Municipalities of incorporated Villages to be similar to those of Township Municipalities. ^ m. 1*1 Proviso as to encroachments on private pro- perty ol' cer- tain kinds. Regulating Highwrays, Removing ■steps, projec- tions, &c. Filing i)oun- ecom« ilaling or proventinj firing of guns or other fire-arms ; for preventing or regulating the Use of Fire- firing or setting off of fire balls, squibs, crackers or fire-works ; "™^' for preventing or regulating the washing or bathing in any Bathing, public water in or near such Village ; for preventing and Charivariea, punishing parties engaged in charivaries and other like dis- **• turbances of the peace ; for preventing any indecent public exposure of the person, or other indecent exhibition whatso- ever ; for preventing profane swearing and the use of blasphe- gy^"°|^^' mous, obscene or indelicate language. ' Eleventhly. For establishing, maintaining and regulating Lock-up one or more public lockup-houses in and for such Village, for houses, &c the detention and imprisonment of all persons sentenced to an imprisonment of not more than ten days, under any of the By-laws of such Village, and of all other persons lawfully detained in custody for examination before a Justice of the Peace or other competent authority on any charge of having committed any -offence against the Law or the By-laws of of such Village, or detained for the purpose of his transmis- sion to any common gaol or house of correction, upon com- mitment or otherwise either for trial or in the execution of any sentence that may have been passed upon him, either by a Justice of the Peace or other comjietent authority in that behalf. Twelfthly. For the establishing, protecting and regulating Public foon- of public fountains, wells, pumps, cisterns, reservoirs and **i°8| *«• other conveniences for the supply of good and wholesome water or f^r the extinguishment of fires, and to make reason- able charge for the use thereof, and for preventing the waste and fouling of public water. Thirteenthly. For regulating the keeping and transporting Gunpowder, of gunpowder and other combustible or dangerous materials ; and for erecting, regulating and providing for the support, by fees, of a Village Magazine for the storing of gunpowder belonging to private parties, and for compelling persons to store therein ; for preventing or regulating the use of fire, pj^^ ;„ gg^ain lights or candles in livery or other stables, cabinet-makers' and places, carpenters' shops, and combustible places ; for preventing or 4» ^^^^^flj^p willftfl Sill;. 52 regulating the carrying on of manufactories or trades Jangc rous in causing or proinoting fire ; and for regulating the mode Ashes. of removal and requiring the safe keeping of ashes in proper deposits ; for regula'ing, removing or preventing the construe- tion of any chimney, flue, fire-place, stove, oven, boiler or other apparatus or thing in any house, manufactory or business which may be dangerous in causing or promoting fire ; for Chimnies, regulating the construction of chimnies as to dimensions and thickness, and the carrying of the same to a proper height above the roofs of buildings, and for enforcing the proper sweeping or cleaning of the same by licensed or other chimney Party walls, sweepers; for guarding against the calamities of fire hj regulating and enforcing the erection of party walls ; for compelling the owners and occupants of houses to have Laddersv scuttles i.. the roofs, and stairs and ladders leading to the same, and for authorizing the Officer to be appointed for that purpose to enter at all reasonable times or hours upon the property of any party subject to such regulations for the purpose of ascertaining that the same are properly obeyed ; so Fire Buckets, Fire Compa- niea* for requiring the inhabitants of such Village to provide many fire-buckets, in such manner and time as Ihey shall pr( scribe, and for regulating the examination of them and the use of them at fires ; for regulating the conduct and enforciiig the assistance of the inhabitants present at fires, and the preservation of property thereat ; for making regulations for the suppression of fires and the pulling down or demolishing of adjacent houses, buildings or other erections for that purpose ; for purchasing and establishing and regulating Fire, Hook, Ladder and Property Saving Companies ; for providing medals or rewards for persons who shall distinguish themselves at fires, and for assisting the widows and orphans of persons who may be kdled by accidents t>ccurring at such fires. Examining Fourteenthly. For entering into and examining all dwelling dwelling iiou- houses, Warehouses, shops, yards and outhouses, for BPfl OtC Willi •• 11 11 respect to ascertamu'.g whether any such ])Iaces are m a dangerous state, with respect to fire or otherwise, and for directing them to be put in a safe and secure condition ; for appointing fire wardens and firo engineers ; for appointing and removing firemen ; f.»r making such rules and regulations as may be thought expedient for the conduct of such Firo Companies, Hook and Ladder Companies and Property Saving Companies as may be raised with the sanction of the Corporation of such Village. danKnr from fire. s or trades Jangc agulating the mode if ashes in proper nting the construe van, boiler or other ctory or business ■omoting fire ; for to dimensions and » a proper height jrcing the proper J or other chimney mities of fire by party walls ; for houses to have ers leading to the appointed for that or hours upon the 3gulations for the properly obeyed ge to provide so ime as Ihey shah )n of them and the iiTct and enforciiig at fires, and the g regulations for :n or demolishing erections for tiiat 1(1 regulating Fire, lies ; for providing inguish themselves )rphans of persons t such fires. niningall dwelling 1 outhouses, for ( in a dangerous for dirorfing them >r appointing fire ng and removing at ions as may be Firo Companies, Saving Companies urporation of such mor- 53 Fifteenthhj. For providing for the health of the Village Health of the and against the spreading of the contagious or infectious V'"*^^- '*''• diseases; for regulating the interment of the dead, and for directing the returning and keeping of bills of mortality ; and Bills of ... for imposing penalties on physicians, sextons and others for tality, &c. default in the premises ; and for providing and regulating one or more Public Cemeteries for the interment of the dead. Sixteenthly. For laying out, improving and regulating any pubUc cemcte- Public Cemetery for the burial of the dead that they may ries, &c. obtain and establish for such Village, and for selling or leasing such portions thereof as they may think proper, and for declaring in the conveyance thereof to the purchasers or lessees, the terms on which' such portions are to beheld, and for making such other regulations for the improvement, ornament , and protection of such Cemetery as they may think necessary and proper. Seventcenthly. For preventing the immoderate riding or immoJeTate drivinir of horses or cattle in any of the public highways or t nt, By-laws for carrying their Corporate powers into execution. General pro- vision as to By-laws. Proviso as to fines. Proviso. amending By-laws, from time to time, of all or any of such By-laws, ru.vl the making others in lieu tbereof as to them may seom expedient for the good of the iuliisbitants of such Village. V. TOWNS. hihabitants of LXI. And be it enacted. That the inhabitants of .>4i(,b o^ tion^dL^Sche- ''"^ Towns mentioned in the Schedule of this Act anaoxed dulo B. &o , marked B, and intituled, " Towns," and the inhabif riijs of incorporated. q\\ gych Villages in UpjHjr Canada as shall be erected intu •^fWy'-y; ■■^si^B&^^iiit^m^i ^.^h^mMiSkVtia!aAiat.%tikifihliie/lgMitki^i. nt in such Village^ defacing of sign ; restrictions, and all such sums of I execution of any [ the scope of the and appropriating ny of the purposes issessed equally on ?, according to any a, concerning rates other By-laws as nto execution the isted in the Corpo- it or Ofiice thereof, ;overnment of such m expedient, such •^ other Act of the rlianaent of Upper of this Province : no person shall be exclnsivfc of costs, 1 for the breach of e : And provided mpelled to pay a ig or neglecting to when duly elected tion or amerthrn nt, By-laws, 'uJ the »y seem expedient >ge. 55 or destroying of Towns by and under any Proclamation abitants oi' Mrb o^ this Act anuoXed the inhab:f is is; of II bti erected intu Ih he same Corporate powers as the inhabitants of Villages rncorporated under this Act, except in so far as such powers mav be hereby increased, lessened or otherwise modified , and 3 powers shall be exercised by, through and in the name of Ihe Town Council of each of such Towns respectively. LXII. And be it enacted, That for every Ward within the limits of any such Town, there shall be chosen three Coun- cillors by the male resident freeholders and householders of such Ward. LXin. And be it enacted. That the elections for each of the said Wards shall take place on the first Monday m January in each year. LXIV. And be it enacted. That the Municipality, Town Council or Board of Police in office in each of the said Towns or Villages when this Act shall come into force, or who shall be in office when the Proclamation shall issue erecting such Village into a Town as aforesaid, shall appoint a Returning Officer fur each Ward, to hold the first election therein ; and such Returning Officer shall fix the place for the said election, and give notice thereof by posting the same in at least three public places within his Ward, at least ten days next before the election ; and that on the first Monday in January m every succeeding year, a like election shall be held, and the Returning Officers and places within each Ward for such elect^us shal be chosen and appointed by the Town Council in office next before such election, and public notice shall m like rnanner be given by such Returning Officer of the place of holding such election. LXV. And be it enacted. That it shall be the duty of any person having custody of the Collector's Roll, including any Ward or porfion of a Wanl of any such Town, to. furnish to the Returning Officer, and it shall be the duty of each Return- ing Officer, at least twenty days before any such ekction to procure from such Officer having custody of the Collector s Koll or Rolls as aforesaid, a true copy thereof, so far as the same shall contain the names of the freeholders and householders within the Ward of such Returning Officer, with the amount for which they are respectively assessed upon such Roll, and every of which said copies shall bo verified in like manner as Corporate powers. How exer- cised. Three Coun- cillors to bo chosen for every Ward. Election when to take place. Appointment of lleturning Officer. Place of elec- tion to bo fixed. Elections to be held yearly. Copy of Col- lector's roll to be furnished to Returning Officer. \k Attestation of such copy. ,,.,i;:;.^,,;,.»ttl«lN»W . ■fmm 'fP'-'IB^ f 56 the copies of the Collector's Rolls to be procured at the Proviso: who Township elections as hereinbefore provided : Provided may be elected always, that Ho person shall be qualified to be elected at such electors. election, who shall not be seized to his own use of real estate held by him, in fee simple or in freehold, or for a term of twenty-one years or upwards, of which at least seven years remain unexpired, within the Town for which he is elected, of the assessed value of three hundred pounds, or unless he shall be a tenant from year to year or for a term of years, of real property, within such town, at a bond fide rental of forty pounds per annum or upwards, or shall be in the receipt of forty pounds or upwards of yearly rent or profit, accruing from or out of real property within such Town ; and the Councillors aforesaid shall be chosen by the male inhabitants, being either freeholders or householders, who shall be enffered on such Roll, and who shall continue to reside within such Ward at the time of the election, and who shall appear upon iho said Roll to have been assessed either as proprietors or tenants for a house or for land, or for both, to the value of twenty-five pounds, and by none other. Election of LXVf. And be it enacted. That on the second Monday mayor. next after the said yearly election, the Councillors so elected in any Town shall meet and choose from amongst themselves, a Mayor for such Town, who shall have the same powers within such Town as are hercinbefrre vested in theTownreeve Town council of a Village ; and the Mayor and Councillors shall form the constituted. Council of such Town ; and the said first meeting shall be held at the place where the Municipal, Board of Police or Meetmgs. Town Council for such Town shall have held their usual meetmgs. I Powers, &c., of Town Council. Provision with respect to GpoI, Court House, &c, LXVII. And be it enacted. That the Council for such Town shall have all and singular the powers, duties and liabilities within and in respect of such Town which the Municipality of any Village incorporated undc^r this Act may or can lawfully use or exercise therein. LXVIII. And be it enacted. That the Gaol, Court House, and House of Correction of the County within the limits or on the borders of which every such Town shall be situate, shall be and continue to bo the Gaol, Court House, and House of Correction of such Town as well as of such County, and the Sheriff, Gaoler and Keeixjr of such County Gaol and House of Corre( duly dis< petent pc LXIX such To the Poli( sickness Magistra Mayor tl period a; be broug Provide! required any day giving, also, se( of the I request i Police ( of the J with. LXX the sev( such un pleasure a Justic be appo borders salary (i quarter always, first ins Corpori Govern Secrets require and ad Lx: Magist his olfi which and th mm procured at the led : Provided •e elected at such use of real estate >r for a term of east seven years h he is elected, ids, or unless he term of years, of Ide rental of forty be in the receipt profit, accruing! Pown ; and the male inhabitants, > shall be enffered ide within such lall appear upon IS proprietors or I to the value of second Monday cillors so elected angst themselvc: ^e same powers n the Townreeve s shall form the meeting shall be ard of Police or held their usual cil for such Town s and liabilities he Municipality ct may or can 1, Court House, 1 the limits or on be situate, shall ?, and House of 'ounty, and the aol and House 57 of Correction shall be bound to receive and safely keep, until duly discharged, all persons committed thereto by any com- petent pov/er or authority of such Town. LXIX. And be it enacted, That there shall be in each of such Towns a Police OfHce, at which it shall be the duty of the Police Magistrate for such Town, or in his absence from sickness or other causes, or when there shall be no Police Magistrate for such Town, then it shall be the duty of the Mayor thereof to attend daily, or at such times and for such period as shall be necessary for the disposal of the business to be brought before him as a Justice of the Peace for such Town : Provided always, firstly, that no such attendance shall be required on Sunday, Christmas-Day or Good-Friday, or on any day appointed by Proclamation for a Public Fast or Thanks- givin<^, unless in cases of urgent necessity ; And provided also, "secondly, that it shall and may be lawful for any Justice of the Peace having jurisdiction within such Town, at the request of the Mayor thereof, to sit for such Mayor at such Police OfHce ; in every of which cases the required attendance of the said Mayor at such Police OfHce shall be dispensed with. LXX. And be it enacted. That the Police Magistrates for the several Towns which shall be or remain incorporated as such under this Act, shall be appointed by the Crown during pleasure ; and every such Police Magistrate shall be ex officio a Justice of the Peace in and for the Town for which he shall be appointed, and in and for the County within or on the borders of which such Town shall lie, and shall receive a salary of not less than one hundred pounds per annum, payable ouarterly out of the Municipal funds of such Town : Provided always nevertheless, that a Police Magistrate shall not m the first instance bo appointed for any of such Towns, until the Corporation of such Town shall have communicated to the Governor-General of this Province, through the Provincial Secretary thereof, their opinion that such an Officer was required for the better conduct of the affairs of such Town and administration of justice therein. LXXI And be it enacted. That every such Police Police Magis- Magistrate shall have the power of suspending from the duties ofJ^f^Ser his office any Chief Constable or Constable of the Town ot constable, which he is the Police Magistrate for any period in his discretion, and that immediately after such suspension, ho shall report the A Police Office estab- lished in each Town: when the Mayor shall preside at it. Proviso as to holy-days. Proviso: with leave of the Mayor, another Magis- trate may sit. Appointment of Police Magistrates. Salary. Proviso : Police Magis- trate not to be appointed ex- cept upon petition of the Corporation. » .t»rif*i:! ■'$ 58 same, with the cause thereof, if he deem such Chief Constable or Constable deserving of dismissal for the cause of such suspension, to the Town Council of such T-^^^r. and the Town Council theieof shall thereupon in tLuir discretion dismiss such Chief Constable or Constable, or direct that he shall be restored to the duties of his office after the period of such suspension shall have expired ; and during such suspension no such Chief Constable or Constable shall be capable of acting in his said office, except by the express permission of the Police Magistrate of such Town in writing, nor shall such Chief Constable or Constable be entitled to any salary or remuneration^ for the period of such suspension : Provided always, that'it shall be in the power of such Police Magistrate to appoint some fit and proper person to act as Chief Constable or Constable during the period of such suspension of any Chief Constable or Constable as aforesaid. LXXII. And be it enacted. That all offences against the By-laws of any of the said Towns, and all penalties for refusal to accept or be sworn into office in such Towns, and all other offences over which one or more Justices of the Peace havf ^r shall have jurisdiction, committed within any such Town, may be prosecuted and sued for, tried and recovered before the | Police Magistrate of such Town, or when there shall be no Police Magistrate in such Town, then before the Mayor of such Town, such Police Magistrate or Mayor, as the case may be, acting, either alone or assisted by one or more Justices of the Peace for such Town, as the case may require ; and such Police Magistrate shall ex officio be a Justice of the Peace lor such Town, and it shall be his duty and that of the Justices for such Town to be the conservators of the peace in and for the same. LXXIII. And be it enacted. That the Clerks of the Town Councils of the said Towns shall be Clerks of the Police Offices of such Towns, and perform the same duties and receive the same emoluments as now appertain to Clerks of Justices of the Peace in Upper Canada, unless by Act of the Town Councils of such Town another Officer be appointed for such purpose. S-ThSfTon- ^^^^^- ■^"'^ ^e '* enacted. That there shall be in and for stabieg, &c.^to ^^^^ °^ ^^® Towns which shall be or remain incorporated as hold office such under the authority of this Act, one Chief Constable, and Proviso as to temporary Chief Con- stable. OfTences against By- laws, &c., may be prosecuted before Police Magistrate or Mayor. He shall be a J.P, Who shall bo Clerks of Police Offices, Their duties. swpppiUfppiliip ! I^S h Chief Constable le cause of such ^n and the Town etioa dismiss such hat he shall be le period of such ich suspension no capable of acting permission of the , nor shall such to any salary or nsion : Provided Police Magistrate s Chief Constable ispension of any nces against the snalties for refusal ns, and all other he Peace havf -»r such Town, may vered before the here shall be no fore the Mayor of yor, as the case e or more Justices nay require; and a Justice of the y and that of the $ of the peace in srks of the Town ks of the Police ame duties and tain to Clerks of iS by Act of the cer be appointed lall be in and fur incorporated as ef Constable, and Power of Governor as to appointment of J. P. not affected. Oath of Office of Subordinate Officers, before whom to be taken. 69 one or more Constables for each Ward of such Town, who dunng^P'^-;^ shall respectively hold their offices during the pleasure ol the ^ouncU. Town Council, but shall be liable to be suspended and dis- missed as hereinbefore provided. LXXV. And be it enacted. That nothing in this Act con- tained shall be construed to limit the power of the Governor of this Province to appoint under the Great Seal thereof, any number of Justices of the Peace for any such Town. LXXV I. And be it enacted, That all oaths of Office of the Subordinate Officers of such Town, shall be taken before the Mayor or Police Magistrate thereof, or before any one ot the Justices of the Peace for such Town, who are hereby autho- rized to administer the same, LXXVII. And be it enacted. That it shall and may be Ap|omtment lawful for the Town Council of each of the said Towns, to "^Jg^J^J^^' select from among themselves one Townreeve, and when such Townreeve. Town shall have five hundred resident freeholders and house^ holders on the Collector's Roll thereof, then also a Deputy- Townreeve for such Town, who shall be a Member of the Municipal Council of the County in which such Town is situate. LXXVIII. And be it enacted, That the Town Council for ^P^^^s^* each of the said Towns shall appoint three Assessors and one and CoUectors. Collector for each Ward of the said Town, whose duty it shall be to make assessments and collect taxes within such Ward, in like manner as the Assessors and Collectors in the several Townships aforesaid are to , erform the same duties m the said Townships respectively : Provided always firstly, Prov»o. that none of the Town Councillors shall be eligible to be apDointedto such offices; and provided also, secondly, that proviso m to no person shall be appointed such Assessor, unless he shall be quahfacation. rated on the Collector's Roll for the year preceding his appointment, to the amount of three hundred pounds and upwards. LXXIX. And be it enacted, That whenever any Incorpo- rated Village in Upper Canada, shall be found by the Census Returns to contain within its limits upwards of three thousand inhabitants, then upon petition of the Municipality of such Village, it shall and may be lawful for the Governor of this Province, by an Order in Council, to issue a Proclamation Provision for the erection of an incorporat- ed Village into a Town, on certain conditions. t . fe.l I .'to %m Number of Wards. First election by Wards. 60 under the Great Seal of the Province, erecting such Village into a Town, and including within the boundaries thereof any portion of the Township or Townships within which it may be situate, which from the proximity of streets or buildings thereon may conveniently be attached to such Town, and dividing the said Town into Wards by appropriate names and boundaries ; but no Town shall be so divided into less than three Wards, and none of such Wards shall have less than five hundred inhabitants ; and such Tov/n shall have an elec- tion by Wards on the first Monday in the month of January next after the end of three calendar months from the teste Privileges as a of such Proclamation; and such Town shall from thenceforth Town. be subject to the same regulations and provisions of law, and shall have the same immunities and privileges as a Town named in the said Schedule to this Act annexed marked B, as fully as if such Town had been mentioned therein. LXXX. And be it enacted. That the Town Council of any such Town shall be composed of the Councillors elected by and for the different Wards of such Town, and shall have all such powers, duties and liabilities within and in respect of such Town as the Municipality of any Village shall have in respect of such Village ; and the Mayor of such Town and the other Officers thereof shall have the like powers, duties and liabilities respectively within and in respect thereof as the Townreeves and other Officers of any Incorporated Villatre shall have within and in respect of such Village. " LXXXI. And be it enacted, That the Town Council of each of the Towns which shall be or remain incorporated under the authority of this Act, shall moreover have power and authority to make By-laws for each or any of the follow- ing purposes, that is to say : Firstly. For establishing and regulating a Police for such Town ; for establishing and regulating one or more Alms- houses and Houses of Refuge for the relief of the poor and destitute ; for erecting and establishing and also providing for the proper keeping of any Work-house or House of Correc- tion that may hereafter be erected in and for such Town ; for regulating the erecting of buildings and prevent incr wooden buildmgs from being erected in thickly built parts of such Towns. S foTlnf , ^'<^o^diy- For the purchase of such lands as they may deem necessary, for the purpose of an Industrial Farm for Town Coun- cil to be com- posed of Coun- ■fiillors elected for the differ- ent Wards ; powers and duties. Power of Town Coun- cils to make By-laws for— Establishing Police. Work-houso and house of correction. Regulating erection of buildings. kmm. ..^m^ ..^»tM^4^LM^^^^l:..').^li^UA.^.. ing such Village iries thereof any n which it may 2ets or buildings such Town, and iriate names and ed into less than I have less than II have an elec- lonth of January I from the teste from thenceforth )n8 of law, and ges as a Town ed marked B, as irein. )wn Council of incillors elected and shall have md in respect of ) shall have in luch Town and 3 powers, duties 5pect thereof as •porated Village »wn Council of in incorporated ver have power of the foUow- 'olice for such ir more Alms- of the poor and providing for use of Correc- Lich Town ; for enting wooden ; parts of such i as they may strial Farm for Public convey ances. 61 such Town, of not loss than two hundred acres in extent, within dustrial Farm such convenient distance of such Town as they may deem ^' expedient, and for erecting or building thereon such houses, buildings, yards and other inclosures as may be deemed proper for the purposes of such farm. Thirdly. For defraying out of the funds of such Town, if Lighting with necessary, the expense of lighting the same or any part thereof gas, oU, &c. with gas, oil or other substances, and the performing of any kind of work required for the purpose, and for obliging the proprietors or occupiers of real property to allow such work to be done, and such fixtures placed in or about their premises as may be necessary for that purpose ; such work and fixtures to be done at the expense of such Town. Fourthly. For regulating and licensing the owners of Lirery st^le Livery Stables, Horses, Cabs, Hackney-coaches, Omnibuses, ''«=«"'""' ' Carls and other Carriages used for hire in such Town, and for establishing the rates of pay or hire to be taken by the owners or drivers thereof, and for preventing runners, stage-drivers and others in the streets or public places from soliciting and teasing passengers and others to travel in any boat, vessel, stage or vehicle. Fifthly. For assessing the proprietors of such real property Assessments in any such Town as may be immediately benefited by such °^^[*"'/^P''°- improvements, for such sum or sums as may at any tinie bene- Pfji^mprovo- cessary to defray the expense of making or repairing any meats, common sewer, drain, flagging, posts or pavement in any public highway, street, square or place immediately opposite or near to such real property, and for regulating the time and manner in which such assessment shall be collected and paid. Sixthly. For raising, levying and appropriating at and Or for sweep, upon the petition of two thirds or opwards of the freeholders j^lg't",^^^^^ and householders resident in any particular street, square, alley or lane of such town, such sum or sums of money as may be necessary to defray the expense of sweeping and watering such street, square, alley or lane by means of a special rate to be assessed equally on the whole rateable pro- perty in such street, square, alley or lane. Seventhly. For borrowing under the restriction and upon Borrowing the security hereinafter mentioned, all such sums of money money*, as shall or may be necessary for the execution of any town miMitaS's* i*ir.^JviNMfl Levjring moneys. Making By- laws for car- rying into ex- ecution powers herein vested, &c. Proviso as to fines, for breach of By- laws. For refusing oiHce. Repealing or amending of By-laws. Inhabitants of cities men- tioned in Schedule C. &c., incorpo- rated. CorTxnrato powers. How exer* ciied. 62 work within tlieir jurisdiction and the scope of the authority by this Act conferred upon them. Eighthly. For raising, levying and appropriating such moneys as may be required for all or any of the purposes afore- said by means of a rate to be assessed equally on the whole rateable property in such Town according to any law which shall be in force in Upper Canada concerning rates and assess- ments. Ninthly. For making all such laws as may be necessary and proper for carrying into execution the powers herein vested or hereinafter to be vested in the Corporation of such Town or in any departmer/ or office thereof, for the peace, welfare, safety, an<' good government of such Town as they may from time to time deem expedient, such laws not being repugnant to this or any other Act of the Parliament of this Province, or of the Parliament of Upper Canada, or to the general laws of that part of this Province : Provided always nevertheless, firstly, that no person shall be subject to be fined more than five pounds, exclusive of costs, or to be imprisoned more than thirty days, for the breach of any By-law or regula- tion of such Town : And provided also, secondly, that no person shall be compelled to pay a greater fine than twenty pounds for refusing or neglecting to perform the duties of any Municipal office when duly elected or appointed thereto. Tenthly. For the repeal, alteration, or amendment, from time to time, ot all or any of such By-law or By-laws, and the making others in lieu thereof, as to them may seem expe- dient for the good of the inhabitants of such Town. VI. CITIES. LXXXII. And be it enacted, That the inhabitants of each of the Cities mentioned in the Schedule to this Act annexed marked C, and intituled " Cities," and the inhabitants of all such Towns in Upper Canada as shall, from time to time, bo erected into Cities by and under any Proclamation to be issued in that behalf under this Act, shall be Bodies Corporate with all the powers, privileges and imm unities, duties and liabilities of the incorporated inhabitants of Towns as aforesaid, except in so far as such powers may be hereby increased, lessened or otherwise modified, and such powers shall Xk exercised by, through, and in the name of the Mayor, Aldermen and Com- monalty of each of such Cities respectively. LXX] the limit! resident A'.derma pose cop and proc hereinbel mon Coi men and of any s and a!! tl tained ii of refen otherwis always, elected al>vays, ed an A of the I by him he is el( five bur to year, City or pounds sixty f from or therei)f qualifie shall n to h'3 hundre year, o City 01 pounds thirty ] or out therooi Alderi inhabil be enl withir appea prieto value ^^K';«bA>. ^.,ai3alteiji!?ei^i^yil&«2^:i£.!sUuii^9^iite«tr of the authority propriating such le purposes afoie- \y on the whole > any law which rates and assess- lay be necessary B powers herein rporation of su-^h f, for the peace, ;h Town as they 1 laws not being arliament of this anada, or to the Provided always abject to be fined to be imprisoned 3y-law or regula- icondly, that no ine than twenty he duties of any ;ed thereto. mendment, from r By-laws, and may seem expe- 'own. labitants of each his Act annexed nhabitants of all time to time, be ation to be issued Corporate with ies and liabilities iforesaid, except ised, lessened or K? exercised by, crmen and Com- 63 LXXXIII. And be it enacted, That for every Ward within Election of the limits of any such City, there shall be chosen by the male ^^ ^^J^'^^^f JJ'Jl resident freeholders and householders of such Ward, one cinorg fo, A'.derman and two Councillors for such Ward, for which pur- each Ward: pose copies of the Collector's Rolls shall be furnished, verified fXrVLus to and procured by the like persons and within the like times as is be furnished hereinbefore provided with respect to Towns; and the Cora- S*'-^^"^ men Council of each such City shall be formd of such Alder- °^"^' men and Councillors in the same manner as the Town Conncil of any such Town shall have in and with regard to the same, and a!! the rules, regulations, provisions and enactments con- tained in this Act, as applied to Incorporated Towns, by way of reference to those provided for incorporated Villages or otherwise, shall apply to each of the said Cities: Provided Proviso: always, firstly, that the Mayor of every such City shall be SdfVom elected from among the Aldermen thereof; and provided among Alder- alvvays, secondly, that no person shall be qualified to be elect- men. ed an Alderman for any such Ward who shall not at the time Proviso: qua- of the Election be seized, to his own use, of Real Estate held '^iderm"n. by him in fet "'mple, or in freehold, within the City for which he is elected, or the liberties thereof, of the assessed value of five hundred pounds, or unless \.i shall be a Tenant from year to year, or fr a term of years, of Real Property within such City or the liberties thereof, at a bond fide rental of sixty pounds per annum or upwards, or shall be ir the receipt of sixty pounds or upwards, of yearly rent or profit accruing from or out pf Real Property within such City or the liberties thereof; and provided always, thirdly, that no person shall be Proviso: qua- qualified to be elected a Councillor for any such Ward, who '^^Jj^^J'^iiJ^"^, shall not, at the time of his election, be in like manner seized to h'3 own use of like Real Estate, to the value of three hundred pounds, or unless he shall be a Tenant from year to year, or foi a term of years, of Real Property within such City or the liberties thereof, at a bond fide rental of thirty pounds per annum or upwards, or shall be in the receipt of thirty pounds or upwards of yearly rent or profit accruing from or out of Real Property within such City or the liberties thereof; and provided always, fourthly and lastly, that the aualificalion Aldermen and Councillors aforesaid, shall be chosen by the male of elect. i\ inhabitants, being either freeholders or householders, who shall be entered on such Roll, and who shall cont'nue to reside within such Ward at the time of ihe Election, and who shall appear upon the said Roll to have been assessed eiiher ns Pro- prietors or Tenants for a house or for land, or for both, to tho value of fifty pounds, and by none other. i ; I %^ Provision with respect to the erection of in- corporated Towns into Cities, on certain con- ditions. New division into Wards. First election as a City. Each incorpo- rated City to be a County of itself for certain purpo- ses. Proviso : not to prevent County Muni- cipal Councils to hold their sittings in Cities, &c. 64 LXXXIV. And be it enacted, That whenever any of the said Towns incorporated, or to be incorporated as aforesaid, shali be found by the census returns to contain more than fifteen thousand inhabitants, then, on petition from the Town Council of such Town, it shall and may be lawful for the Governor of this Province, by an Order in Council, to issue a Proclamation under the Great Seal of the Province, erecting such Town into a City, setting forth the boundaries of such City and of the liberties thereof respectively, with the portions of the liberties to be attachiul to each of surh Wards respectively, and including within such boundaries any portion of the Township or Townships adjacent, which from the proximity of streets or buildings therein, or the probable future exigencies of such City, it may appear desirable in the opinion of the Governor in Council should be attached to such City or the liberties thereof; and to make new divisions of such City into Wards, in like manner as is provided in the case of the said Towns ; and the first election in such place as a City shall take place on the first Monday of the month of January next, after the end of three calendar months from the teste of such Proclamation. LXXXV. And be it enacted, That each of the Cities which shall be or remain incorporated as such under the authority of this Act, with the liberties thereof, shall, for all Municipal purposes, and such Judicial purposes as are herein or hereby specially provided for, but no olher, be a County of itself : Provided always, nevertheless, that nothing herein contained shall prevent the Municipal Council of the County within or on the borders of the territorial limits whereof such County of a City shall lie, to hold their sittings, keep iheir public offices, and transact all their business and that of their officers and servants within the limits of such City or the liberties thereof, and to purchase and hold all such real property within such limits as may be necessary or convenient for such purposes or any of them. Justice of the Peace of the County to have no juris* diction within City. Proviso : UuurtcrSes- be it enactcn. That the Justlco'of the County within or on the borders of the LXXXVI. And Peace in and for the County within or on which such City shall lie, shall as such, neither have nor exercise any jurisdiction over offences committed within such City or the liberties thereof; any law or usage to the contrary thereof notwithstanding : Provided always, flcvortheless, firstly, that nothing herein contained shuli be construed to a- i.( ever any of the 3(1 as aforesaid, •ntain more than I from the Town J lawful for the ouncil, to issue the Province, he boundaries of tively, with the 1 of surh Wards aries any portion ivhich from the i probable future le in the opinion 1 to such City or )ns of such City 1 the case of the place as a City onth of January rom the teste of the Cities which ■ the authority of "or all Municipal erein or hereby bounty of itself : lerein contained )unty within or of such County uep their public of their officers or the liberties 1 real property venient for such Justicc^of the [1 the borders of sither have nor ted within such 3 to the contrary I, flevortheless, be construed to 65 prevent the General or Adjourned Quarter Sessions of the sions of the Peace for such County being held within the limits of such SeU-^^y City or the liberties thereof, and having and exercising all the city, iurisdiction and authority necessarily incident to the power of holding such Sessions ; And provided always also, secondly, P™'^'^«°^^ ^^^^^ that nothing herein shall prevent or be construed to prevent dorsemcnt of the endorsement of Warrants as now provided for by law, nor Warrants, to alter or interfere with the effect of such endorsement. LXXXVII. And be it enacted, That from the time of the Commissions erection of any Town into a City, any and every Commissioii "J^t'on'erec" of the Peace that may have been issued for such Town shall tion of a City, cease and determine. LXXXVIII. And bo it enacted, That there shall be in and chief Consta- for each of the Cities which shall be or remain incorporated as We and High such under the authority of this Act, besides a Chief Constable, fppo^te°j. as provided with respect to incorporated Towns as aforesaid, one riigli Bailiff, who shall be appointed annually by the Corporation of such City. LXXXIX. And be it enacted. That it shall and may be Corporation lawful for the Corporation of any City Nvhich shall be or [;;;;[ J^^^'e""^ remain incorporated under authority of this Act, by act of iiijej,ieg jnto Common Council, from time to time, as it may seem expedient, outer Wards, to erect any part of the liberties contiguous to such City, as *'<'• their boundaries shall be at the time, into one or more outer Wards ; and may from time to time, as it may seem expedient, alter and vary the boundaries of such outer Wards, or any of tliem, befi)re they shall bo annexed to the said City, as hereinafter provided. XC. And bo it enacted, That so soon as it shall appear by provision for Iho census of any such City, that any one of its outer Wards ^^^ W^a?d to contains as many iniiabitants as by tho census (irst taken after j,,^ ^ity, on the passing of this Act, or after tho erection of such City, as certain con- the case may bo, shall bu f'und to be contained in the least J'''"""- populous of the Wards erected by this Act, or by the Proclamation erecting such Clly, and by the general Assessment Rolls of such City, that such outer VVard contains as much assessed property ns bv the (iist Assessment of tho said City made aflt'r iU passing of this Act, or after the issuing of such Proclamation as aforesaid, shall be found to be contained in the least wealtliy •)f the Wards ert. t.-d by this Actoi by such Proclamation, it shall and may be lawful for tho Mayor of 5 # ■*^'»*''B^^. When an outer Ward is annexed, it shall cease to form part of the liberties. Proviso as to elections for such Ward. Present Gaol, Court House, &c., to conti- nue as sucli for City and County, until otherwise pro- vided. 66 such City, for the time being, and he L hereby required forthwith to issue a Proclamation, under the Seal of the said City, setting forth the same, and annexing such Ward to such City, calling it by such name as the Common Council thereof ^hall think fit. XCI. And be it enacted, That from the date of any such last mentioned Proclamation, such Ward shall cea^c to be a part uf the liberties, and shall from thenceforth constitute a Ward of such City, and have incident to it, and its inhabi- tants every thing by this Act or any future Act of Parliament oi any act of Common Council, incident to the Wards o A Recorder's Court to be cstahlished for each City. Who Khali prosido in it. of such Citv, or the inhabitants thereof in general, and every such Act shall extend to such Ward as it docs or shall to the other Wards of such City in general : Provided always, thai no Election for Charter OITicers for any such Ward, shall take place until the general Election for such Officers next ensuing the issuing of any such last mentioned Proclamation. XCII. And be it enacted, That the Gaol, Court House and House of Correci^on of the County within the limits or on the borders of which any such City shall be situate, sliall be and continue to bo the Gaol, Court House and Mouse of Correction of such City, as well as of such County, until such City shall by Act of Common Council otherwise direct ; and the ShcrilT, Gaoler and Keeper of every such County Gaol and House of Correction shall be bound to receive and safely keep until duly discharged, all persons committed thereto by any compe- tent power or authority of such City. XCIII. And be it enacted. That besides a Police Oflicer and Police Magistrate, as proviiled with respect to Incorporated Towns as aforesaid, and which shall have the like duties and powers in all resp(:<;i8 in such City and the liberlios Iheroof, as is iierein provided with respect to the Police Olliccrs and Magistrates for incorporated Towns as aforesaid, there shall moreover be a Coint of Record in each of the Cities, which shall be or remain incor|ioiatcd as such unrlcr the nutliorily of this Act, wJiich Court shall be called the Recorder's Court of such City, and wherein the Recorder for the rime being shall preside, assisted by one or more ol tlie Aldermen of such City, or in t!ie absence of such Recorder from sickness or other causes, or when there shall bo no Recorder, the IMayor or one of the Aldermen of such City, to bo elected by the mm hereby required ti.e Seal of the ig such Ward to ommon Council late of any such I ceajc to be a )rth constitute a and i(s inliabi- :t of Parliament, the Wards of eral, and every cs or shall to the ed always, thcl Ward, sliali take ers next ensuing mation. Court House and e limits or on the itc, shall he and use of Correction 1 such City shall and th(! ShcrilT, ol and House of iafoly keep until i by any compe- \ Police OfTicer :t to Incorporated like duties and icrlics (hereof, as lice Oliiccrs and said, there shall he Citic!?, which (ho nu(liori(y of lecordcr's (Jourt r (ho (imc being Jdermen of such 'rom sickness or »rder, llto Mayor Q elected by the 67 Aldermen from among themselves, shall preside ; and that Jurisdiction of Buch Court shall in all cases possess the like powers and have g^^^,™''"* the like jurisdiction as to crimes, oftences and misdemeanors committed in such City and the liberties thereof as the Courts of Quarti^r Sessions of the Peace now have or hereafter may have by Law in Upper Canada, as to crimes, offences and misdemeanors comm.itted within their local jurisdiction, as well as in all those matters of civil concern not belonging to the oi'dinary jurisdiction of a Court of Justice, as have been or may hereafter be by Law vested in such Courts of Quarter Sessions of the Peace. XCIV And be it enacted, That the said Recorder's Court Four SeetljiiB shall hold four Sessions in each year, which Sessions shall J^f^^^Jf ^' commence on the second Monday in the months of January, April, July and October in each year, XCV. And be it enacted, That the inhabitants of every such City erected or to bo erected under the authority of this Act, and of the liberties thereof, at all times after the passing of this Act, or after the first day of January next, ..fter the end of the three calendar months from the teste of the Procla- mation erecting such City, as the case may be, shall be exempt from serving on Juries at anv other than the City Courts and the Courts "of Assize and Nisi Priiis, Oyer and Terminer- and General Ga(d delivery for the County within the limits or on the borders of which such City shall be situate. XCVL And bo it enacted, That the Grand Juries of such Wh^hanbe Recorder's Courts shall consist of twenty-four persons to be ^^^j,,^j^^^^^^, summoned bv the Ilit^h naililfs of each of the said Cues, cr's Courts, under precepls signed by the Recorders or Aldermen elected -Jhow^^ to sil for such Recorders, 'u the same manner as Graiul Juries of the (Quarter Sessions nre now o.- hereaftf - may be by law summoned by the diUcrent Shcrill's in U.>pi'v Cunada. XCVH. And ho it, enacted, That the '-.nels of the Petit Pc|it J™ jo Jurors f.)r such Couf(s shall consist of Mot less than thirty-six ,.y ^^.^^ nor niorc than sixty Jurors to be .iummoned by the Jrligli Bailiffs. Bailifi'i of each of the ,vml Cities under |»rccop(.i signed by the Recorders uf Aldermen elected to sit (o-- such Recorders in the same manner as Petit Jurors of iho Quarter .sessions now are or h.^rei.fter may bo by law summoned by tho diJIerent Shcrilfs in Up}M;r Canada. 5* Inhabitants of City and Li- berties r-^empt- ed from serv- ing on certain Juries after a ce. '""in d; i. Vh, » inua'4 wiMiinii n > VXffPI ^>iMMMS>. iltiSlill^ / $. w Who shall be Grand and Petit Jurors. Authority of Grand Junes. 68 XCVin. And be it enacted, That such persons only resid- ing in the said Cities or the liberties thereof, shall be summon- ed to compose the Grand and Petit Jurors of such Recorder's Courts as are at present or heieafter may be liable to be sum- moned as Grand and Petit Jurors respectively, in any Court of Upper Canada. XCIX. And be it enacted, That the respective Grand Juries shall have all the po ver and authority over offences committed in the said Cities and the liberties thereof, which Grand Juries for the General Quarter Sessions of the Peace in Upper Canada row have or hereafter may have. C. And be it enactef., That the like Process and Proceed- ing now had in the said General Quarter Sessions of the Peace in criminal cases, shall and may be used in the said Recorder's Courts when exercising criminal jurisdiction, and the like power to tako recognizances and all other powers and duties incidental to such jurisdiction, and which the said Courts of General Quarter Sessions now or hereafter may possess by law, together with tlie powers granted by this Act, are hereby vested in the said Recorder's Courts as far as re- gards any offences, crimes and misdemeanors, arising or com- mitted within such Cities and the liberties thereof respectively. Cnacquittalof C?. And be ii enacted, That upon the acquittal of any a defendant, Defendant or Defnndiin'.f. in any of the said Recorder's Courts, the Recorder or presiding Alderman thereof, shall ujion its .=, appearing to the satisfaction of the said Court, that there was '^^ . a reasonable and probable cause for such prosecution, order '^^ ^ the costs thereof to be taxed by the Clerk of the said Court to be paid out of the City Funds. Powers of Courts of Q,uarter Ses- sions vested in Recorder's Courts. costs ' '>0 paid , of City tunds, when there was reaso cause for pro secution. from their duties, Recoider may CII. And bo it enacted. That every such Recorder shall suspend Hiorh j^^y^ the power of suspending from the duties of his Office, crrlluiSX. any J^J'^'' ^«''''"^' Chief C.)nstable or Constable of the City of which he is the Recorder, for any period in his discretion, and that immediately after Huch suspension he .vhall repoit the same with the cause thereof, if he deem such High Hailifl', Chief Constable or Constable, deserving of dismissal for the cause ol such suspension, to the Common Council of such City, and the said Cotnmon Council shall thereupon in their discretion, dismiss such High Bailiff, Chief Constable or Constable, or direct that he shall be restored to the duties of liisi Office after the period of such suspension shall have ex- pired, ai Constab Office e such Ci Constab tion for it shall and pro Constab Bailiff, CUT Council Courts, emolun Upper CIV ral Citi the aut of not by the be ex ( Liberti receive per an sucii C not in after t i» the vincia! was T( and ad CV for an declar Polict time t appoi! re mat Comn Gove office 69 psons only resid- hall be summon- such Recorder's ible to be sum- 5 in any Court of espective Grand ty over offences i thereof, which ns of the Peace ave. 5s and Proceed- Scssions of the sed in the said jurisdiction, and )thcr powers and which tlie said r hereafter may ited by this Act, rts as far as re- arising or conti' eof respectively. cquittal of any icorder's Courts, , sjiall upon its , that there was rosccution, order f the said Court Recorder shall C'S of his Office, iblo of the City 1 his distretion, ."liall roj)oit the h High Hailift; dismissal for the Coimci! of such reupon in their ef Constable or 1 to the duties of shall have cx- Appointmcnt and quaUlica- tion of Recor- ders. nired and during such suspension no such High Bailiff, Chief Constable or Constable, shall be capable of acting mhis said Office except by the express permission of the Recorder ot such City in writing, nor shall such High Bailifl, Chiet Constable or Constable be entitled to any salary or rtmunera- tionfor the period of such suspension : Provided always, that P---^°- it shall be in the power of such Recorder to appoint some ht ^^^ tempore. and proper person to act as High Bailiff, Chief Constable or Constable during the period of such suspension of any High Bailiff, Chief Constable or Constable as aforesaid. CUT And be it enacted. That the Clerks of the Common who ^hall bo Counriis of the said Cities shall be Clerl«of the Recorders' Clerks of^ Courts and perform the same duties and receive the same Courts, emoluments as now appertain to the Clerks of the Peace in Upper Cp.iada. CIV. And be it enacted. That the Recorders for the seve- ral Cities which shall be or remain incorporated as such under the authority of this Act, shall be Barristers of Upper Canada of not less 'than five years standing, and shall be appointed by the Crown during pleasure, and every such Recorder shal be ex oiRcio a .Justice of the Peace, in and for the City anr. Liberties thereof, for which he shall be appointed and ha I ceive a salarV^,f not less tl,an two ImndreHl and Hfty pounds per annum, payable quarterly out of the Municipal l-^unds of such City : Provided al way. nevertheless, that a Recorder shal not in the first instance be appointed for any of such Cities until after the Corporation of such City shall have communicated ,, the Governor General of this Province through the Pro- viacial Secretary t!>ereot, their opinion that such an Officer was required for' the better conduct of the affairs of such City, and administration of justice therein. CV. And be it enacted, That it shall and may be lawful Oni^«c,f^Rc- for any such Common Council in any such communica ion, to ^.^^^^^^ ^^^^^ \ 1 n il.oir oninion that the said offices of Recorder and tratcmaybe JS r M Itrir ma' bo vested in Uie same person n,r some ve.ed. ib. time thereafter, in every which case the same person shall be arlinte.1 to both of sucii offices, and the said offices shall JJmain united in such person and his «"--««':^^;"; '» ^^'^ Common Council shall have further communicated to the Governor General of this Province, their -Pin.on I at such offices should no longer continue united ; from which tunc the Proviso: not to be appointed except ou petition of the Corporation. i)hi ■PiMMlHi I » 70 Proviso as to same shall be held separately : Provided always, that during salary in such the union of such offices the person holding the same shall ''^°' not be entitled to any other than the salary herein provided for the office of Recorder. Powers of CVf. And be it enacted, That the Common Council of City Councils g^pj^ Q-^^y gj^gii jjjj^g gH g^^i singular the powers and authority those of Town within such City and the Liberties thereof, which the Town Councils. Council of any Town incorporated under the authority of this Act, may or can lawfully use or exercise therein. City Councils may make By- laws for — Erection of a City Hall, Gaol, House of Correction, &c. CVII. And be it enacted, That the Coirmon Council of each of the Cities which shall be or remain incorporated under the authority of this Act, shall moreover have power and authority to make By-laws for each of the following purposes, that is to say : Firstly. For erecting and establishing and also providing for the proper keeping of a City Hall, Court House, Gaol, House of Correction and House of Industry, in and for such City and the Liberties thereof, and appointing the Inspectors of any sucli House of Industry. vince. / Regulating the Secondly. For regulating, in their discretion, the erecting erPTtionof ^f buildings and preventing wooden buildings and wooden woteden build- ^ c v ■ ^ i • i /■.-. inga • lences from being erected in such City. Borrowing moneys . Levying moneys by Thirdly. For borrowing under the restrictions and upon the security hereinafter mentioned all such sums of money as shall or may be necessary for the execution of any city work within their jurisdiction, and the scope of the auth( rity by this Act conferred upon them. Fourthly. For raising, levying, and appropriating such moneys as may be required for all or any of the purposes aforesaid, by means of a rate lo be assessed equally on the whole rateable property of such City, according to any law which shall be in Ibrcc in Upper Canada, concerning rates and assessments. Carrying into execution powers vested them. Fifthly. For making all such laws as may be necessary and proper for carrying into execution, the powers herein vested or hereafter to be vested in the Corporation of such City or in any department or office thereof, for the peace, wcl- s, that during he same shall n provided for on Council of 5 and authority ch the Town thority of this n. on Council of rporated under power and .ving purposes, also providing House, Gaol, 1 and for such the Inspectors n, the erecting i and wooden ons and upon 5 of money as any city work auth( fity by iprlating such the purposes jually on the g to any law iccrning rates be necessary powers herein •ation of such le peace, wel- 71 fare safety and good government of such City as they may from time'to time deem expedient, such laws not being repug- nant to this or any other Act of the Parliament of this Pro- vince, or of the Parliament of Upper Canada or to the «r.noral laws of that part of this Province: Provided always Proviso as to rerllels firstly, that no person shall be subject to be fined ^^^^ more than five pounds exclusive of costs, or to be impr^oned more than thirtv days for the breach of any By-law or Regu- lation of such City : And provided also, secondly, that no Or for not person shall be compelled to pay a greater fine than twenty --« pounds, for refusing or neglecting to perform the duties of any municipal office, when duly elected or appointed thereto. fiirthhi For the repeal, alteration or amendment, from Repealing or time to tie c" c!;i or an'y of such By-laws, and the making — "g By- others in lieu thereof as to them may seem expedient tor the good of the inhabitants of such City. VI. MISCELLANEOUS PROVISIONS. CVIII \nd be it enacted, That of the Municipal Corpora- ^ho diall be tionseroc'ted or to be erected '^-IfV^?/ n^'l^.fle Mu^d -HeStf the Warden of each County d.all be the Head of the Munici- corporations, pa' Council or Corporation of such County, the Mayor of euch £ tv =^d Town shall be the Head of the Town or Common Council or Corporation of such City or Town respectively and the Townreeve of each Township and Village the Hejul of the Municipality or Corporation of such Township or \ illage respectively. CIX. And be it enacted, That the Head <^^ ^;:2 ^TV^'^'-'^^'^^ Municipal Corporation as aforesaid, shall ex ojicio ^ a^^^^^ Justice of the Peace, in and for the County within or on the jusuceofthe deiV which the Township, Village Town or C.ty, nj or Peace. ;.ver which he shall preside as such Head as ai^n^said, sh be situate, and shall have within every such Count> , as v.cn a widti the limits of the jurisdiction of the Municipal Cor- or^brl over which he presides, all and «'">'"'- .^-P^- " and jurisdiction as well civil as criminal which belong to that office. r\ And bo it enacted. That in the event of the absence Absence of „f ^,^- ,d :f Ly such' Mu.,ioi,a. Corporation ftom . c ,».. ,u.«^, amies of liis office, for a Friod cxcccd.ug at one l.mo tlireo I M gte / -•^-rtS- 72 at a time without leave to vacate tlie office. calendar months, without having been first authonVed so to v.bsent himself by a resolution of such Municipal Corporation, he shall vacate his office ; and in such case, it sliall and may ii '^^ lawful for such Municipal Corporation, at a special meeting fiiled!"'^^ °^ thereof for that purpose, to be convened within three days after such office shall become vacant, to elect from among themselves a successor to such Head of such Municipal Cor- poration, who shall hold office for the remainder of the time of service of his immediate predecessor, which Head of such Corporation shall be sworn into office as is in and by this Act provided. porotions. Members of Corporations becoming in- solvent to cease to be Members. Resignation of CXI. And be it enacted. That it shall and may be lawful Heads of Cor- for the Head of such Municipal Corporation, at any time, by nnr ions. ^^j ^^.^j^ ^j^^ couseut of such Municipal Corporation, to re- sign his office ; and his successor shall in such case be elected within the time and in the manner, and for the .same period as is provided in the next preceding section of this Act. CXII. And be it enacted. That if any of the Members of any such Municipal Corporations, erected or to be erected under the authority of tiiis Act, shall be declared a Bankrupt, or shall apply to take the benefit of any Act for the relief of Insolvent Debtors, or shall compound by deed with his credi- tors, tlien, and in every such case, such person shall thereupon immediately become disqualified, and shall cease to be a Member of such Municipal Corporation, for the residue of the time for which upon such bankrupfcy, insolvency, or compo- sition with his creditors, such Member of sucli Municipal Corporation was liable to serve ; and the vacancy thereby created shall be filled as in the case of the natural death of such Member of such Municipal Corporation. HcT'fr ^XIII. And be it enacted. That the Head of every such pomtion to""'' Municipal Corporation, or, in his absence, the Chairman administer thereof, shall have power to administer an oath or oaths, certain oaths, affirmation or affirmations, to any person or i)ersons concerning any account or other matter which shall be submitted to such Municipal Corporation. Notwithstand- ing proclama- tion incorpora- ting Villages, &c., Munici- pal Corpora- CXIV. And be it enacted. That for and notwithstanding the issue of any Proclamation under the authority of this Act for the incorporation of any Village or for the erection of any Village into a Town, or of any Town into a City, the Municipal Corporation existing in or having authority over such Village or Town, or tl such Proclamation such Vill to consist immediately prevl after the end of three calen( proclamation, and all and si servants of the same respect last mentioned first day of Ji the same monl' continue and singular the Municipal duties which, immediately first day of January, shall o them respectively, to all Proclamation had not been i CXV. And be it enactei for the Governor of this Pre made upon the petition of Town or Village, by Procl; Province, to adtl to the boi and to make a new divisio and to alter the boundaries that there be not less than 1 Ward shall by such divisior inhabitants contained inth by the first census taken af and the first election, unde of such Town or Village, January next, after the em teste of such Proclamation CXVI. And be it en a shall be construed to aul erected under the authority persons an exclusive right locality over which it ha concerning which such M empowered to make rcgul; exercise the same be take or any Officer thereof, or person or persons exerc reasonable fee, not in { as may be necessary for issuing or granting to any complied with any such '%\ '""•w^'- lawful ne, by 73 such Villaffo or Town, or the Hamlet or place of which by tions then ex- such Procfamation sucli Village, Town or city shall be made J^f to exTr- to consist immediately previous to the fir' ' -lay of January next cise their pow- aCwrthe end of three calendar months from the teste of such ^^f/^J-^*/"- proclamation, and all and singular the members, officers and servants of the same respectively, shall upon, and from such last mentioned first day of January, until the fourth Monday of the same mont' continue to have, exercise and perform all and singular the Municipal and other powers, functions and duties which, immediately previously to such last nit... oned erst day of January, shall or may by law have been vested m them respectively, to all intents and purposes as if such Proclamation had not been issued. CXV. And he it enacted, That it shall and may he lawful for the Governor of this Province, by any Order in Council, made upon the petition of the Municipal Corporation of any Town or Village, by Proclamation under the Great Seal of the Province, to aik\ to the boundaries of such Town or Village, and to make a new division of the Wards of any such Town, and to alter the boundaries and number of such Wards, but so that there be not less than three Wards therein, and that no Ward shall bv such division contain less than the number ot inhabitants contained in the least populous Ward ol such Town by the first census taken after the first erection of such Town ; and the first election, under such enlargement or new division of such Town or ViUasie, shall take place on the first day ot January next, after the end of three calendar months irom the fes/eofsuch Proclamation. CXVI. And be it enacted, That nothing herein contained shall be construed to authorise any Municipal Corporation erected under the authority of this Act, (o give any person or persons an exclusive right or privilege to exercise within the locality over which it has jurisdiction, any trade or calling, concernincr which such Mmiicipal Corporation may be hereby empowered to make regulations, or to require that a license to exercise the same be taken from such Municipal Corporation or any OflTicer thereof, or to impose any special tax on any person or persons exercising the same except on y sucli reasonable fee, not in any case exceeding <'^^ ^^illings as may be necessary for remunerating the proper Otlicer lor issuing or granting to any such person a ccrtifi<;ite of his haying complied with any such regulations as aforesaid ; Provided Governor in Council may enlarge boun- ilaries, or alter the division, &c., of a Town or Village, on petition of the Corporation! As to first election there- after. Municipal Corporation not to grant exclusive rights to exemise any trade or calling. •,%.. <>?i> ▼^oO. IMAGE EVALUATION TEST TARGET (MT-3) 4 ^ % .// •<" C^x .*< ^<^^^ je; &f .; ^'^ r^«^ Ki A, i.O I.I |50 '"" «" IIIIM It !■■ |||||Z5 |||M 1.8 L25 1.4 ii|.6 ^ 6" — B. 1^ ^3 '# vl ^ (? / " V \ ^N^ 4^ A. ;%° #^ P.-^ i^r >- >*^]kMe have been e in which an ider this Act, ' permitted to Canada, sliah on to tho same juircd. ho Collectors' Villages and 75 Wards in Upper Canada shall contain the amount of the sessed to ap- assessed value of the real and also the amount of the assessed 1^" ^^^ ^^^ value of the personal property of each person whose name shall appear upon such Roll, as well as the amount to be collected from such person. CXXI. And be it enacted, That no person shall be qualified Voters to bo to vote, or to be elected or appointed under this Act, who HefMaifsty shall not at the time of his voting, election or appointment, be and of full ' a natural-born or naturalized subject of Her Majesty, Her ^&^- Heirs or Successors, and of the full age of twenty-one years. CXXII. And be it enacted. That in all elections of Mem- Perso^8ap• bers of the Municipal Corporations erected or to be erected Faring on under the authority of this Act, whether for Townships, Roh ^^g qu^li- Villages or Wards, each and every person whose name shall fied to vote, appear upon the Collector's Roll, or copy thereof, hereinbefore "olake^certdn required to be procured for the purposes of such election, as oaths, having been taxed as a freeholder or householder in ary such Township, Village or Ward, to an amount sufficient to entitle him to voie at such election, shall be entitled to vote at such election for tho same, without any other enquiry and without taking any oath or athrmation other than that he is the person named in such Collector's Roll, that he is of the full age of twenty-one years, and is a natural-born, or naturalized subject of Her Majesty, that he is resident within such Township, Village or Ward, and that he has not before voted at such election. CXXIII. And be it enacted, That every person wilfully False swear- swearing or affirming falsely in any oath or alfirmation required i"g. &«., per- to be taken under this Act, shall be liable to the pains and •'"'^^' penalties of wilful and corrupt perjury. CXXIV. And be it enacted. That every Returning Officer, Returning or person holding any election under this Act, shall have S"^ aj. power to administer all oaths or affirmations required to bo minister caths. administered or taken at any such election. CXXV. And bo it enacted. That the Heads of the several Heads of Cm- Municipal Corporations created or to bo created under tlj^ 'authSedto*''' authority of this Act, and also the Aldermen of the said administor Cit. s and the Justices of the Peace for the several Towns, "^^^^'^^^J^J*"^ and also every County, City, Town, Township and Village l<^s^4MJ «t Deposit of the oaths, &c. Penalty for 76 Clerk, appointed under the authority of this Act, shall have authority to administer any oath or affirmation required to be taken under this Act, and relating to the business of the place in which he shall hold such office as aforesaid, except where it is or shall be otherwise specially provided, or except where he shall be the party required to iake such oath or affirmation ; and it shall be the daty of any person admin, istering such oath or affirmation to preserve the same, duly certified by him and subscribed by the party taking or making the same, and to deposit the same in the office of the County, City, Town, Township or Village Clerk, fcr the County, City, Town, Township or Village in which the said oath or affirmation shall be taken or made, and to the business and affairs of which it sliall properly belong, within eight dayj after such oath or affirmation shall be administered, on pain contravention, of being deemed guilty of a misdemeanor. Oath may be ad ministered to parties and witnesscEi in disputes as to boundarie8,&c. CXXVI. And be it enacted. That in all matters of dis- pute of and concerning roads, allowances for roads, side lines, boundaries or concessions, pending, or in the course of inves- tigation before the said Municipal Corporations, it shall and may be lawful for the Head of each of the said Municipal Corporations to administer an oath or affirmation to any of the contending parties, and to any witness to be examined touch- ing or concerning the said matters in dispute, and that any person falsely swearing or affirming in that behalf shall be guilty of wilful and corrupt perjury. Officers elect- CXXVII. And be it enacted. That each Township, Village, edundeffi '^o'^'" °^ ^Jity Councillor, and each Township, County, Act to take Village, Town or City Clerk, and each Justice of the Peace oath of ofllcc. for any of the Towns aforesaid, and each Assessor and Col- lector, and each Returning Officer and Returning Officer's Clerk, and each Constable or other Officer, who shall be Q\h pointed under this Act, by any Municipal Corporation, shall, before entering on the duties of his cTjce, take and subscribe an oath or affirmation to the ellect following, that is to say : The oath. ■If I' I, A. B., do solemnly swear (or affirm, where the party " is entitled to affirm instead of sivcar) that I will truly, *' faithfully and impartially, to the best of my knowledge and " ability, execute the office of {inserting the name of tht " ojftce) to which I have been elected (or appointed) in this " Township, (County, &c.) and that I have not received and « will not r( (' for the ex » undue exe CXXVII Municipal i authority of the Highest only of loca within the 1 or other Jus there be no such Cr.rpo Police Mag tne Peace < Corporatior ships and V in which su there shall ieace with such Munic such Corp Recorders, and Clerks administer certificate < CXXIX be elected requires a before he s subscribe a is to say : "T, A. " entitled " born {o " truly an " such an " land, di " or othi '• {namii " such pt " intent i let, shall have required to be business of the oresaid, except Y provided, or f iake such oath person admin, the same, dulj king or making of the County, cr the County, the said oath or le business and thin eight days itered, on pain matters of dis- oads, side lines, ourse of inves- s, it shall and said Municipal n to any of the camined touch- , and that any behalf shall be kinship, Village, nship, County, > of the Peace ;scssor and Col- urning Officer's \o shall be a|>- poration, shall, ) and subscribe lat is to say : 'Acre the party at I wdl truly, cnowlcdgo and ; itame of tht ointcd) in this ot received and 77 « will not receive any payment or reward, or promise of such (' for the exercise of any partiality or malversation, or other '< undue execution of the said office. So help me God." CXXVIII. And be it enacted, That the Head of every Before whom Municipal Corporation erected, or to be erected under the corSatlon^* authority of this Act, shall be sworn or affirmed into office by shall be sworn, the Highest Court of Law or Equity whether of general or only of local jurisdiction, which shall at the time be sitting within the limits of such Corporation, or by the Chief Justice or other Justice or Judge of such Court at his chambers, or if there be no such Court, Justice or Judge within ihe limits of such Corporation at the time, then before the Recorder or I Police Magistrate of snch City or Town, or any Justice of tne Peace of the County or Town in or over which such Corporation shall have jurisdiction, or in the case of Town- ships and Villages, by any Justice of the Peace for the County in which such Township'or Village shall be situate, or in case there shall be no such Court, Justice, Judge, or Justice of the ieace within such limits at the time, then before the Clerk of such Municipal Corporation, in the presence of a meeting of such Corporation, which several Courts, Justices, Judges, Power to ad- Recorders, and Police Magistrates, and Justices of the Peace, jj^'jj*'®'^"' and Clerks arc hereby severally authorized and required to administer such oath or affirmation, and to give the necessary certificate of the same having been duly taken and subscribed. CXXIX. And be it enacted. That every person who shall An Oath of be elected or appointed under this Act, to any office which q^~'°J*'' requires a qualification of property in the incumbent, shall, certain before he shall enter into the duties of his office, take and Officers, subscribe an oath or affirmation to the effijct following, that is to say : " T, A. B., do swear (or affirm, where the party is ^he oath. " entitled to affirm instead of sivcar) that I am a natural « born {or naturalized) subject of Her Majesty ; that I am " truly and bond fide seized to my own use and benefit, of " such an estate {specifying the nature of such estate^ and if " land, deHfrnating the same by its local description, rents, " or otherwise) as doth qualify me to act in ^he office of *• {naming the office) for {naming the place for which « such person is elected or appointed) according to the true " intent and meaning of a certain Act of the Parliament of \W >mm """"■1 k'\'' 1 W *j ISKan Penalty for refusal to take oflice or oaths, &c. 78 " this Province, passed in the " year of the reign of Her Majesty Queen Victoria, chaptered " {inserting the chapter of this Act) and intituled, An Act, &c. {inserting the title of this Act). So help me God." CXXX. And be it enacted, That each and every qualified person duly elected or appointed to be a Police Trustee of any police vilh.ge, or Councillor or Townreeve of any Town- ship or Village, or a Councillor, Alderman, or Mayor of any Town or City, or a Township, Village, Town or City Asses- sor or Collector, who shall refuse such office, or who shall refuse or neglect to take the oath or affirmation of office and that of qualification, under this Act, within twenty days after he shall be so eh cted or appointed, and have had notice of such election or appointment, and every person duly authorized to administer such oath or affirmation who shall refuse to administer the same when such administration is reasonably demanded oi" him, shall, upon conviction thereof before any Court of competent jurisdiction, forfeit and pay not more than twenty pounds, and not less than two pounds, at the discretion of the Court, and to the use of Her Majesty, Her Heirs and Successors, together with such costs of prosecution Provisoasto as shall be adjudged by the Court : Provided always, that no Evcdl'T'l^ person who shall have served in any of the said offices for the offices/" ^"*^ ^ y*^'Y ^^^^ before any such election or appointment, shall be obliged to »'c or be sworn into the same or any other of the said offices lOr the year succeeding such service. Certain per- CXXXI. And be it enacted, That all persons over sixtv nrserS'*^ y'^^'"^"'.''^-^''''""^^'^^^''^*^^ ^'i^I^^g's'"*'^^ Council, and of inany Corpo- <''e LcjS^islative Assembly, all Officers and others in the ser- rate Office. vice of the Crown, either civil or military on full pay, all Judges, Shcrin's, Coroners, Gaolers, and Keepers of houses of correction, all persons in Priest's orders. Clergymen and Ministers of the Gospel of any denomination, all members of the Law Society of Upper Canada, whether Students or Bar- risters, all Attornies and Solicitors in actual practice nf their professions, all Officers of Coarts of Justice, all Members of the Medical profession, whether Physicians or Surgeons, and all Professors, Masters, Tea?;hers, and other Members of any University, College or School in Upper Canada, and all Offi- cers and Servants thereof, and all Millers, and Firemen be- longing to any regular Fire Company, shall bo and aro abso- lutely free and exempt from being elected or appointed to any Corporate Office whatsoever. CXXX of civil ju and no pe County, \' of Counci having by contract v Town or ( or be elec Ward the! CXXX qualified or Ward, Village, c situate, oi such "VVai Assessor ment, be sufficient Townshi| Ward shi cxx? contained Assessor Town. CXX] of the P the same are requi of any Alderma Town, < require a act as a required Rccorde the oath trary noi CXX shall an( 'liili-i WfJ .,.*f.;fAS wm ctoria, chaptered itituled, An Act, ) help me God." I every qualified r)lice Trustee of 'e of any Town or Mayor of any n or City Asses- ce, or who shall ion of office and kVenty days after e had notice of I duly authorized shall refuse to on is reasonably ;reof before any \y not more than pounds, at the Dr Majesty, Her s of prosecution always, that no id offices for the ntmont, shall be any other of the e. sons over sixtv !^ouncil, and of lers in the ser- 'on full pay, all ers of houses of Clergymen and all members of tudents or Bar- practice nf their all Members of Surgeons, and Members of any la, and all Ofli- u\ Firemen bc- ! and are abso- ar appointed to 79 CXXXII. And be it enacted. That no Judge of any Court certain per- of civil jurisdiction, no Naval or Military Officer on full pay, ^g^^^J'^J^'" and no person receiving any allowance from the Township, ^^^^^^ ejected County, Village, Town or other City, (except in the capacity Aldermen or of Councillor, or in capacities incident thereto) , and no person Councillors, having by himself or partner any interest or share in any contract with or on behalf of the Township, County, Village, Town or City in which he shall reside, shall be qualified to be, or be elected Alderman or Councillor for the same, or for any Ward therein. CXXXIII. And be it enacted. That no person shall be who may not qualified to be appointed Assessor for any Township, Village Je - Asses^^oj. or Ward, who shall be a Councillor of such Township or ^^^^^^^^^^ Village, or of the Town or City in which such Ward shall be sessor. situate, or an Alderman or Councillor of the City in which such Ward is situate, nor shall any person be appointed such Assessor unless he shall, at the time of his election or appoint- ment, be seized or possessed to his own use, of property sufficient to qualify him to be elected a Councillor for such Township or Vil'lage. or the Town or City in which such Ward shall be situate. CXXXIV. And be it enacted. That nothing in t^^''^ Act One Assessor contained, shall prevert any person from being appointed p^j^j^j fj; Assessor or Collector foi more than one Ward in an) City or i^^e^than one Town. As to qualifi- cation of Jus- tices of the Peace. No property qualification required by a Warden, Mayor, &c. CXXXV. And be U enacted, That each and every Justice of the Peace for any of the said Towns shall be qualified in the same amount of property, and shall take the same oaths as are required of other Justices of the Peace. But no W arden of any County, Mayor, Recorder, Police Magistrate, or Alderman of any Citv, Mayor or Police Magistrate of any Town, or Townrecvc of any Township or Village, shall require any property qualification to enable him lawfully to act as a justice of the Peace, nor shall any other oath be required of him than his oath of office as such Warden, Mayor, Recorder, Police Magistrate, Alderman, or Townreeve, and the oath of qualification for such office ; any law to the con- trary notwithstanding. CXXXVI. And be it enacted, That one or more Coroners Appointjn^nt^^ shall and may bo appointed for every City and Town that shall Hi ii:|-; •!: i ! . 80 Coroners for be or continue incorporated as such under the authority of this each City and » ni Town. ^^^• Police Trusi- tees, &c., to be Health Offi- cers under Act of U. C. 5W. 4.C. 10, or any future Act Proviso, they may delegate their powers as such. CXXXVIf. And be it enacted, That the Police Trustees of every unincorporated Police Village, and the Members of the Municipal Corporation of every Incorporated Village, and of every Township, Town and City in Upper Canada, shall be Health Officers within the jurisdiction of such Police Villages or Municipal Corporations, within and under the provisions of the Act of the Parliament of the late Province of Upper Canada, passed in the fifth year of the reign of His late Majesty King William the Fourth, intituled. An Act to promote the Public Health, and to guard against infectious diseases in this Province, and under any Act that may be hereafter passed in the present or any future Session of the Parliament of this Province for the like purpose : Provided always, nevertheless, that the Municipal Corporations of any of such Townships, Villages, Towns or Cities shall and may by a By-law to be passed for that purpose, delegate the powers hereby conferred upon them, either to a Committee of their own Members or to some of their own Members and others, or wholly to persons who are not Members of suth Corporation, as in their discretion they shall think best. Provision with CXXXVHI. And be it enacted. That the places already respect to established by competent authority as markets or market places MMkef places J^ the several Villages, Towns and Cities in Upper Canada, ' shall be and remain markets and market places with all the privileges attached thereto until otherwise directed by compe- tent authority in that behalf, and all market reservations and appropriations which by Act of Parliament or otherwise shall have been and shall then continue vested in the Municipal aulhoritv of any such Village, Town or City, or in Trustees for their use and benefit at the time this Act shall come into force, shall be and the same arc hereby vested in the Municipal Corporation of such Village, Town or City erected under this Act. Corporations may purchase property be- yond limits of towns, &c., for Industrial Farms, which shall, with xe« CXXXIX. And be it enacted, That notwithstanding any thing herein contained, it shall arid may be lawful for the Municipal Corporation of any Town or City to purchase, have and hold, and at their pleasure to sell, dispose of and convey such landed property beyond the limits of such Town or City and the Liberties thereof as shall or may, in their judgment, bo necessar Town or C erections i shall, with be within 1 within the within the purposes. CXL. . for the ^! Aldermen erected or commit to under suci inent ther the By-la^ time to tin CXLI. hereinbefc Municipa purchase, as well b( City, or t from time one or mt Provided such Cen Corporati tion, to property i of such C that it sh; poration, to make ( obtained And pre allhough City as (■ any Proc shall, fro Corporal it shall 1 Town 01 Lithority of this 'olice Trustees he Members of rated Village, Jpper Canada, of such Police and under the late Province le reign of His ed, An Act to inst infectious Act that may Session of the )ose : Provided orations of any s shall and may Tate the powers mittee of their I and others, or Lh Corporation, J places already r market places Upper Canada, :es with all the cted by compe- eservalions and otherwise shall the Municipal or in Trustees shall come into n the Municipal :cted under this rjtlistanding any lawful for the purchase, have of and convey Town or City their judgment, Corporations may purchase real property for cemeteries. ai be necessary for the purpose of an Industrial Farm, for such ^?^'^'? '" 1""*" Town or City, which Industrial Farm with all the buildings, ^^^emed within erections and improvements so to be purchased as aforesaid, such Towns, shall, with regard to jurisdiction only, be deemed and taken to be within the limits of such Town in the case of Towns, and within the liberties of such City in the case of Cities, and within the jurisdiction of such Town or City for all such purposes. CXL. And be it enacted. That it shall and may be lawful Mayor, &c., for the Mayor, Recorder, Police Magistrate, or any two S^Xufon Aldermen or Justices of the Peace for any Town or City industrial erected or to be erected under the authority of this Act, to Farms. commit to hard labour at, or send to such Industrial Farm, under such regulations as shall be established for the govern- ment thereof, any or such description of persons as may by the By-laws of the Cor|)oration of such Town or City, from time to time, be adopted or declared expedient or necessary. CXLI. And be it enacted. That notwithstanding anything hereinbefore contained, it shall and may be lawful for the Municipal Corporation of any Village, Town or City to purchase, have and hold such and so much real property lying as well beyond as within the limits of such Village, Town or Citv, or the liberties thereof, as in their judgment shall or may,^ troin'time to time, be or become necessary for the purpose of one or more public Cemeteries for the interment of the dead : Provided always nevertheless, firstly : that the title to every such Cemetery shall be obtained or accepted by such Municipal Corporation, under the authority of a By-law of such Corpora- tion, to be passed for that purpose, in which By-law such property shall in express terms be appropriated for the purpose of such Cemetery, and no other : And provided also, secondly : that it shall not be in the power of any such Municipal Cor- poration, at any time thereafter, to repeal any such By-law, or to make or sutler to be made any other use of the property so obtained or accepted than for the purpose of such Cemetery : And provided also, thirdly : That every such Cemetery, aUhough lying beyond the limits of such Village, Town or City as settled by this or any other Act of Parliament, or by any Proclamation to be issued under the authority of the same, shall, from the time that the title shall become vested in such Corporation, cease to be a part of the Township within which it shall lie, and shall become and be a part of such Village, Town or City to all intents and purposes, as if ?uch Cemetery Proviso: the title to ceme- tery to be ob- tained under a By-law. Proviso: no such By-law to be repealed, &c Proviso: such cemeteries though out of the Town, &c., to be deemed part thereof, &c. J-y V*-. ^m-' : ARCHIVW So.*: Ui. Corporations of Cities, &c,, may purchase property be- yond the limits of such cities, &c., for powder maga- zines. Two Auditors to be appointed by every Mu- nicipal Corpo- ration. Proviso : who shall not be appointed Auditors. Proviso : Au- ditors to take an oath. The oath. 82 lay within the limits of such Village, Town or City as settled by such Act or Proclamation. CXLII. And be it enacted, That notwithstanding any thing herein contained, it shall and may be lawful for the Municipal Corporation of any Village, Town or City, to purchase, have and hold, and at their pleasure to sell, dispose of and convey such landed property, as well beyond a^ within the limits of such Village, Town or City or the Liberties thereof, as shall or may in their judgment be necessary for the purpose of one or more magazines for the deposit and safe keeping of gunpowder, so as to prevent danger therefrom to any such Village, Town or City. CXLIII. And be it enacted, That every Municipal Cor- poration erected or to be erected under the authority of this Act, at the first meeting of such Corporation in each year next after the Head of^such Municipal Corporation for such year shall have been elected and sworn into office, shall appoint two persons to be and to be called Auditors of such Corporation, one of whom shall be appointed on the nomina- tion of the Head of such Corporation, and the other in the same manner as other Municipal Officers are appoitited : Provided always, firstly : that no person shall be appointed such Auditor who shall be a Member of such Corporation or the Clerk or Treasurer thereof, or who shall have been such Member, Clerk or Treasurer for the preceding year, nor any person who then shall have had for such preceding year, or shall then have directly or indirectly, by himself or iri con- junction with any other person, any share or interest in any contract or employment with, by or on behalf of such Corpo- ration ; And provided also, secondly : that no person appointed an Auditor for such Corporation shall be capable of acting as such, until he shall have previously made and subscribed before the Head of such Corporation, an oath or affirmation in the words or to the effect following, that is to say : " I, A. B., having been appointed to the office of Auditor " for the Municipal Corporation of " do hereby promise and swear, that I will faithfully perform " the duties of such office, according to the best of my judg- " ment and ability ; and I do swear and declare, that I had " not directly or indirectly any share or interest whatever in " any contract or employment with, by, or on behalf of such " Municipa " appointm " for the pr CXLIV. such Audit accounts w Corporatiot under the c ration, for t preceding t detailed liabilities o! within the and to file Clerk of si at least om forth one hours be > Township, take by hii a copy or c pleasure. CXLV. which jurii Municipal of some ( hereby coi passed by and assen of such fc assented t Governor > regulate si to be take! employed CXLVl relator ha\ lion to be Summons, the validi Her Maj( iffl mmt:iim: City as settled iding any thing r the Municipal '^j to purchase, dispose of and 1 a3 within the iberties thereof, for the purpose safe keeping of n to any such ^funicipal Cor- uthority of this in each year ration for such ito office, shall uditors of such on the nomina- he other in the are appointed : ill be appointed Corporation or have been such r year, nor any jceding year, or iself or in con- interest in any of such Corpo- erson appointed blc of acting as and subscribed }r affirmation in ;ay : ffice of Auditor thfuUy perform est of my judg- ire, that I had jt whatever in behalf of such 83 « Municipal Corporation during the year preceding my " appointment, and that I have not any contract or employment " for the present year. So help me God." CXLIV. And be it enacted, That it shall be the duty of Auditors to such Auditors to examine, settle and allow, or report upon all ^cc^'nts*" accounts which may be chargeable upon or may concern such against or Corporation, and which may relate to any matter or thing concerning under the control of, or within the jurisdiction of such Corpo- °'P''''^i°"' ration, for the year ending on the thirty-first day of December preceding their appo.atment as such Auditors ; and to publish To publish a a detailed statement of the receipts and expenditures and statement of ,.,.. - i#-i • • ifii expenditures liabilities of such Corporation m two newspapers published and liabilities within the jurisdiction thereof, or in those nearest thereto ; of Corporation, and to file their report thereon in duplicate in the Office of the And file a du- Clerk of such Municipal Corporation, which they shall do in £?eon with at least one month after their appointment, and from thence- the Clerk of forth one of such duplicate reports shall at all seasonable the Corpora^ hours be open to the inspection of any inhabitant of such ^'°"' Township, County, Village, Town or City, with power to take by himself, or his clerk or agent, but at his own expense, a copy or copies or an extract or extracts from the same at his pleasure. Governor ia Council to regulate ferries over which this Act does not confer jurisdiction upon Munici- pal Councils, &c. CXLV. And be it enacted. That as to all ferries over which jurisdiction is not by this Act conferred either upon the Municipal Council of some County or the Common Council of some City, and in all cases in which such jurisdiction is hereby conferred, but in which no By-law shall have been passed by such Municipal Council or Common Council, and assented to as hereinbefore provided, for the regulations of such ferry, and until such By-law shall be passed and assented to as aforesaid, it shall and may be lawful for the Governor of this Province, in Council, from time to time, to regulate such ferries, and to establish the rates of pay or hire to be taken by the owners or conductors of the boats or vessels employed on such ferries. CXLVI. And be it enacted. That at the instance of any Writ of Sum- relator having an interest as a candidate or voter in any elec- 7q^„'"^"^;^;° tion to be held under the authority of this Act, a Writ of to issue lor the Summons, in the nature of a quo warranto, shall lie to try trial of contro- the validity of such election, which Writ shall issue out of J^^^ ''^'^' Her Majesty's Court of Queen's Bench for Upper Canada, mm&^smk: ;.«;*■&§*:,-'■ ]r '■ t 1'^ Security. Return of Writ and pro- ceedings there- on. Costs. On first Court day after judgment judge shall deliver Writ and judgment into Court, and the same shall he en- forced by per- emptory Man- damus, &c. How service of the Writ may be made when the party kee|)S out of the way. 84 upon an order of tliat Court in term time, or upon the fiat of a Jiulo-e thereof in vacation, upon such relator, shewing upon affidavit to such Court or Judge, reasonable grounds for suppo- s\nun(ls for suppo- (ling to law, or as not duly or relator entering ' Judge thereof, in such Court, sureties to be !()urt or Judge, ioned to prose- ch order or fiat, same shall be ;h costs as shall il relator, there- d the said Writ hat on which it >f a copy thereof iv provided for, rt at Chambers, affidavit of such lircd to proceed ,'er, and without /alidity of such or or defendant rst day on which )e given by such or the following it and judgment same into such Tient of the said 1(1 such judgment indamus and by ,vard"d by such case the party 3 brought, shall > thereof on him he Judge before fied thereof upon uch Writ, either ig-house of such 86 oarty with his wife or other grown up person there, or in any Sther manner that such Judge shall deem the ends of justice to require, according to the circumstances laid before h.m upon affidavit for that purpose, and upon service of such Writ being made according to such order and proof thereof by 2vit, it shall be lawful for such Judge, and he is hereby Required to proceed thereupon as if (he said Writ of Summons had been served personally on the party. CXLIX. And be it enacted, That where two or more of P~n^^^j such Writs shall be brought to try the validu) ot ttie ^ame ^^.^^ ^^^^^ j^, Plpction all such Writs after the first shall be mads returnable try the same forrtlie same Judge before whom such first Wrir. shall have elecuon. been made returnable, and such Judge shall proceed upon such Writs by giving separate judgments upon each, or one judgment upon Jll, a? the justice of the case may m his opmion require. CL. And be it enacted. That jt sl^^ll be lavvful for every ^ such Judoe to cause the Collector's llolls, Poll Books, and any ,^^,^j^^„^ other Re°cords of such Election to be brought before him by Pdi Books, S Ll^H, and upon the trial of the validity of such eU^on ... o be^^^^^^ upon any sich Writ, such Judge shall enquire into the facs to hi„, ty certio- he established by personal evidence, either by affidavit or ran andascer. ffirm t or l/v oral testimony taken before h.m - at-nfacu^^ Nisi Prius, or by issues to be framed by h.m for that purpose, and to be sent to be tried by Jury by Writ of Trial to be directed to such Inferior Court of Civil Junsd.ction as shall blnamcd by such Judge for that purpose, not however being one hTvincr iurisdiction°in or over the locality for which such dect on s"udl have been held, or by one or more of those rnethods of enquiry as such Judge shall deem the ends of ,ustice to require. CLI. And be it enacted, That no Mflnrfmn«« or other Exe^^^^^^^^ Writ of Execution shall issue upon any such judgment until j^,y^ i „^ L'Ll shall have l-n in the possession of Uj^b Cou^^. ^^^^^^^^^^^^ fourdavs in term time, one of such days being that on whicti J g Se sSe hall have been so delivered in as aforesaid, nor while anv ru"e shall be pending for the reversal or a teration of such judgment by such Court as hereinafter provided. CLII And be it enacted, That every such preliminary Jf^S^^.S, • A \ .Tu^hf, triven bv any such Judge as aforesaid, j^ t„m time •fir£' e^alablfb; s4h ^ourt in tJn. lime, on »...ppU».i.. h . imi i^i^Jii. [I p ■'I flit II i I made within £mr days. Court of Ck, B. to Bcttlb forms of writs of Summons, practicti, costs, Provision when there is no proper Officer to ho'u an election. Proviso. Parties Inter- ested may require of Town Clciks, 86 application for that purpose made within such four days, either by the party against whom such preliminary judgment was given, or by any other party interested either as. voter or candidate in such election, and the same may be thereupon reversed, altered or aOirmed by such Court, either with or without costs, to ue paid by tlie party against whom the decision of the Court upon such application shall be given, as in the judgment of such Court the law of the Land shall require. CLHI. And be ii enacted, That it shall and may be lawful for Her Majesty's said Court of Queen's Bench for Upper Canada, by any rule cr rules to be by such Court made for that purpose in term time, to settle the forms of such Writs of Sum- mons, Certiorari, Mandamus and execution as aforesaid, and to regulate the practice respecting the suing out service and execution of such Writs, and the punishment of those guilty of contempt in disobeying the same, and also generally for the regulation of the practice as well at Chambers as in Banc, in hearing and determining the validi'y of such elections as aforesaid, and ilie allowance of costs thereupon, and also, from time to time, by any new rule or rules to be made as aforesaid, to rescind, alter or amend such rule or rules or make others in lieu thereof, in like mcnner as they are now by law empowered to do for the regulation of the practice of tha Court in matters within its ordinary jurisdiction. CLFV. And be it enacted, That if the person whose duty it shall bo, accordingto the provisions of this Act, or by virtue of any appointment mtule under it, to hold any election under ihe authority of the same, sh;ill be absent at the time appoinied for any such election, or if there shall be no such person, or such peison be dead, it shall be lawful for the persons then and there assembled and entitled to vote at such election, to appoint from amongst themselves a Returning Olhcer, who shell forthwith proceed to hold such election in lieu of such other iirst mentioned person : Provided nlways nevertheless, that the a|)pointmcnt of such substitute! Returning OtTicer shall not be made until at least one hour after the hour appointed by lawful authority for commencing the proceedings at such election. CLV. And bo it enacted, 'ihat it shall bo lawful and competent to and for any resident of any Township, Village, Town, City, or County '.n Upper Canada aforosaid, in which any By-laws tliall bo passed, or for any other person having an interest himself, or law, and t Clerk shall of his fee tl such By-la> cipal Corpo Queen's E production copy receiv or City CI to the said illegal, it rule upon 1 eight days be quashet quashed ii the said Cc the part Corporatic that no ac authorized law or the shall be previousl) or any pei amends t( U[)on sucl tendered the said C to award the same CLVI different unrepeah shall con some Bj Municip Municip the prov Act, for Municip and api^ ,^-e:1g!;.:vi: 87 )ur days, either judgment was er ai voter or ' be thereupon either with or om the decision ven, as in the all require. may be lawful tich for Upper rt made for that Writs of Sura- 3 aforesaid, and ut service and f those guilty of nerally for the »s in Banc, in :h elections as I and also, from ide as aforesaid, make others in law empowered ourt in matters on whose duty ;t, or by virtue election under time appointed such person, or D persons then ch election, to g Olficer, who I lieu of such 's nevertheless, jturning Officer after the houf the proceedmgs bo lawful and nship, Village, ^said, in which person Jiaving % an interest in the provisions of such By-law, to apply by himself, or by his Attorney, for a certified copy of such By- C and the Township, Town, Village, County or City Clerk shall, upon such application and upon payment to hira of his fee therefor, within a reasonable time, furnish a copy ot juch By-law, certified under his Hand and the Seal of the Mum- cipal Corporation of which he is the Officer, and the Court of Queen's Bench for Upper Canada may be moved, upon production of such copy, and upon affidavit that the same is the opy received from such Township, Town Village, County or City Clerk, to quash such By-law : and if it shall appear to the said Court, that such By-law is in the whole or m part illegal, it shall and m^y be lawful upon proof of service ot a rule upon the Corporation to shew cause withm not less than eight days after such service, why such By-law should not be quashed in the whole or in part, to order such By-law to be quaJhed in the whole or in part : and if it shall appear to L said Court that such By-law is legal, m the whole or in the part complained of, to award costs in favor of the Corporation, or otherwise against such Corporation ; and that no action shall be sustained for or by reason of any thing authorized to be done under any such Bylaw, unless such By- law or the part thereof under which the same shall be done, shall be quashed in manner aforesaid, one calendar month pre'viously tothe bringing such action ; and if such Corporation Er any person sued for acting under sucl. By- aw, shall cause amends to be tendered to the PiaintiiT or Ins Attorney, and In such tender being pleaded, no more than the amend ndered shall be recovered, it «!>«"«"'» "^,^y ^^f .^'^^^^^^^^^^ the sahl Court to award no costs in favor of the Plaint flf, and to award costs in favor of the Defendant, and to adjudge that the same shall bo deducted out of the amount of the verdict. CLVI. And be it enacted. That all the By-laws of the different Municipal Corporations in Upper Canada remaining n repealed at the time this Act isappointed to come into force shall continue in force until amended altered or repealed by some liy-law or By-laws to be passed lor that purpose by the uZcl\ Corporation by this Act substituted for such former Municipal Corporation ; Provided always nevertheless tha the provision contained in the next preceding section ot this Act for trying the validity of By-laws to be passed by the Munici al ^or'porations ere'cted under this Act, ^fj^-^ and apply to all such By-laws of such former Corporations, copies of By- laws on pay- ing a reason- able fee there- for. Court of a. B. may be moved to uash any y-Iaw. Proceedings thereon. Provision as to actions for things Jnne under By- laws. Amends may be tendered. Saving of present Bjr- laws of exist- ing Corpora- tions, until repealed. Proviso : next preceding section to apply to tbein. m ^k Returning Officers to act as Conserva- tors of tho Pence during elections. 88 and shall and may be certified by the proper Officer of (he Corporation erected under this Act, as if they had been By- Proviso, laws passed under the authority of the same ; Provided always, nevertheless, that nothing herein contained shall extend or be construed to extend to confirm or render valid any By-law which would not have been valid had this Act not been passed. CLVII. And be it enacted, That each and every Returning Officer who shall hold any election under this Act, shall, during such election, act as a Conservator of the Peace for the County in which such election shall be holden, and he or any Justice of the Peace for such County, or for the Town or City in which such election shall be holden, shall and may arrest or cause to be arrested, and may try summarily, impri- son or bind over to keep the peace or for trial, or cause to be summarily punished by fine or imprisonment, or both, any riotous or disorderly person or persons who shall assault, I '^'t, molest or threaten any voter or elector coming to or going from Constables. such election ; and when ibereunfo required, all Constables &c.,toassistif apjj othci porsons present at such election, are enjoined to be require . assisting such Returning Officer and such Justice or Justices of the Peace, on pain of being held guilty of a misdemeanor; and such Returnino- Officer or such Justice or Justices shall and may, when he or they consider it necessary, appoint and swear in any number of Special Constables to assist in pre- serving the peace and order at such election. Penalty CLVIII. And bo it enacted, That any person liable to refuTinMo""' serve (he office of Conslable, and so required to be sworn in serve OH HjKjcial as Special Constable by any such Rettirning Officer, shall, if constables. hg si,all refuse to be sworn in as such, be liable to a penalty of five pounds currency, to be recovered to his own use in any Court of competent jurisdiction, by him who will sue for tho same. electors int( polled, and no qualified vote, free a in which ci first day, oi CLX. 1 each of th( shell keep shall enter proposed a at such elt the names tion, and name of t the numbe Officer shi set down which of beginning on until tl election h respective he shall duly elec to have a number t whether or more decide tl Officer 11 bo his di voles as :;il Hours of hold- CLIX. And be it enacted. That each election to be held ing cUctions. ^^^j^^ ^j^j^ ^^^ ^j^^jj (.,)^^pnce gj (\^q j^oyr of eleven of the clock in the forenoon of the day for which such election is appointed, and may be held until the hour of four of the clock Adjournmcnu. in the afternoon of the same day, and may then bo adjourned until ten of the clock in the forenoon of tho next day, and continue until four of (ho clock in the afternoon of such second day, unless the Returning Officer shall see that all (ho CLX elecdon, the Tow Village, with an f ;! boo atid witi been du ^0W' filijfiiiiiiiiiiiiiiii^^ fff iigiMfiiw'iii^^^^ Officer of (he had been By- tvided always extend or be any By-law iVct not been jry Returning is Act, shall, he Peace for olden, and he for the Town shall and may narily, impri- r cause to be or both, any assault, l^!>t, or "foins from ill Constables enjoined to be ice or Justices misdemeanor; • Justices shall , appoint and assist in pre* rson liable to lo be sworn in fficcr, shall, if (le to a penalty is own use in ho will sue for on to bo lield eleven of the uch election is ur of the clock I bo adjourned lext day, and jrnoon of such oc that all tlio 89 electors intending to vote have had a fair opportunity of being oS and one full hour at one time shall have elapsed, and Ifno elect, no qualified elector shall, during such time, give o.- tender his i^^^ehour. vote, free access being allowed to electors for such purpose, in which case he may close the election at four o'clock ot the first day, or at any time before that hour on the second day. Returning Officer to keep Poll Book and in what form. He shall de- clare the can- didates elected. CLX. And be it enacted. That the Returning Officer at each of the said elections at which a poll shall be called for, shall keep a poll book, in which he, or his sworn Poll Clerk, shall enter in separate columns the names of each of the persons proposed and seconded as candidates by any electors present at such election ; and opposite to such columns, he shall write the names of the several electors offering to vote atsuch elec tion,and in the respective columns in which a'^e em^^^'J,/;^^^. name of the candidate voted for by each voter, he shall set Se number one, and at the close of the poll such Returnmg Officer shall add up the number of voters - each c^^^^^^^^^ set down in their respective columns and he shall declare which of the said candidates have the highest number of votes, Enning with the one having the greatest number and so onCtil ilie whole number of candidates to be elected at such elcctio havin f Proviso: the Corporation may imme- diately proceed to business. Vacancies in Municipal 90 CLXII. And be it enacted, That in case any of the per- sons so declared to be elected, shall neglect or refuse to accept office, or to be sworn or affirmed into office, within the time in which the oath or affirmation of office is required to be taken as hereinbefore provided, then the Head of such Muni- cipal Corporation for the preceding yea^shall forthwith, by Warrant under his hand and seal, directecT to the Returning Officer, require him to hold anew election to supply the place of such person, which such Returning Officer shall accord- ingly do within at least eight days after the receipt of such Warrant, and the person who shall be elected upon such Warrant, shall be entitled and bound to be sworn or affirmed as Councillor, in the place of the person refusing office, or neglecting or refusing to be sworn or affirmed as aforesaid ; Provided always, nevertheless, that the necessity lor such second election shall not prevent or interfere with the immediate organization of the Municipal Corporation for the year, or their proceeding to business as if such seat were not vacant. /\ /^ Corporations 0(^Ci«^ howtoba Jf''^ I ^' Proviso as to iJrv— -^. *^Jf^°^£f '='*' *ajways, that the person so appointed shall hold his ^ CLXIII. And be it enacted. That all vacancies which may occur in any of such Municipal Corporations, by deatl^^ BthorT-ina, shall be filled by an election to be held under a 'tVarrant directed to the Returning Officer, under the hand and seal of the Head of such Municipal Corporation u Provided ways, that the person so appointed shall hold his seat in such orporation by virtue of such appointment for the residue of the term for which his immediate predecessor was elected, and no longer. tions. As to notice of CLXIV. And be it enacted, That all such Special Elec- speclaleleo tions as are provided for by the two n^xt preceding sections of this Act, shall be held upon at least four days' public notice to the Electors, under the hand of the Returning Officer, and posted in at least four of t!io most public places in the Town- ship, Village or Ward for which it is to be held. CLXV. And be it enacted, Tliat if in any year there shall be no election held in any Township, Village, Town or Ward, Provision in case of no held'on an"a^>- on the appointed day, or if arequ.site number of candidates pointed day. shall not have been elected, * tf if t lt t pe-^ihaU-firTt-^^e-in-thfi-paU- J. J I ' bu u lt th e rmiYMJjj of i> ruffiriont i 4MHul«n:4tf--On4i4Ht«iLi«» " B « pp ly f two l- to b » .M»«nw«, then, and in cvcrj such case, it shall and may be lav in which s' elected, th' for the ne? tively, and by appoint when the qualified fi lage. Tow lified freel: Town or ( and Coun< shall be be same pena CLXV vacancy o Townree\ ot any su which su( choose, fr be a Wari occur. CLX\ ration in tions, in( deficienci elected oi cipal Cor CLX> meeting majority such Coi ness ; "iii meei.-a. present t side at have the meeting meeting meetingi sons con ir-' ^^iW' y of the per- fuse to accept ;hin the time quired to be " such Muni- forthwith, by lie Returning iply the place shall accord- iceipt of such id upon such 1 or affirmed ing office, or as aforesaid ; isity lor such ere with the ration for the ch seat were es whicli may by (leatl^i^ 2 held un(iera r the hand and )n i»Provided is seat in such he residue of is elected, and ■special Elec- ng sections of public notice z Officer, and in the Town- oar there shall 'own or Ward, of candidates ^je-in-lhfi-paU- «tb«ve. been aw- fully received or taken into his possession by virtue of s office or emi.loymcnt, shall be deemed to be moneys or valua- ^rirSbllongi'ngto such M^micipal Corpoijit.^^^^^^ if any such officer or perM)n shall at any time fraudulently ^,^^^,i„^ ,,. embeLle any such chattel, money or va luab e security and j^„,.ode-^^ any re*"- il or failure to pay over or delucr up any sucn ^^^j^ chattel, uioney or valuable security to such Mun.cpal Corpo- p^,,^. ration or to any officer or person by ihem authorized o de- m nd'tl^ ame,^hall be held to be a fraudulent embezzlement E of,) he may be indicted and proceeded against, and h rconvicted -thereof, shall be liable to be punished in the .'me manner as any servant who having fraudulent y em- bez/leTry chattel, nioney or valuable security received or S into his possession, by virtue of his employment, for and in the name and on the account of his master may be indic ed 11 -^ef nn,l niinished • Provided always, ttiat remedies not proceeded against and punsneu . / '"3' .J^'u ^nv to be lessened, nothing herein contained shall prevent, lessen or impeach any fl n '* U Ml If m\\ sr .• Corprations created under this Act to be substituted for Corporations theretofore ex- isting—and suits commen- ced by former Corporations may be con- tinued by tho new Cor[H)ra- tions, and vice versa. 94 remedy which such Municipal Corporation, or any other party may have against such offender or his sureties, or against any other party whomsoever ; but nevertheless, the conviction of any such offender shall not be received in evidence in any suit or action at law or in equity against him. CLXXV. And be it enacted, That the Corporation created, or to be created in and for any County or union of Counties, City Town, Township or Village, by this Act, or under any provision therein contained, shall be substituted for and shall ■ be in the place and stead of the Corporation theretofore existing in and for the same County or union of Counties under, the name of District, City, Town, Township, Village or place, by virtue of any Act or law in force immediately before the commencement of this Act, and so that any suit, action, prosecution or other act, matter or thing, commenced or continued by such former Corporation, or to which it shall have been a party, shall not abate, but may be continued and completed by, with or against such new Corporation, in like manner and as validly, to all intents and purposes, as it might have been continued or completed by, with or against such former Corporation, and so that all estates and properly, real or personal, and all debts and obligations of any kind, thereto- fore vested in or belonging to or due, or owing to or contracted in favor of such former Corporation, or tho locality over which its jurisdiction shall extend, whether in the name of such Corporation or locality, or in that of some Officer thereof, and intended for the benefit of such Corporation or locality, shall thereafter be vested in and shall belong to and shall be due and owing to, and may be held, possessed and enjoyed, recovered and enforced by such new Corporation, and all debts, liabilities and obligations of such former Corporation, ofwhat kind soever, or in what manner soever secured, shall become debts, liabilities and obligations of such new Corpora- tion, secured and payable in like manner, and upon the same terms and conditions, and to be recovered and enforced if not paid or performed, in the same manner as they would have been recovered from or might have been enforced against such former Corporation or otherwise, as by this Act provided. Corporations CLXXVI. And be it enacted. That it shall be the duty of to take charge every such Municipal Corporation to lake charge ot any debt of debts due ^^j^^ ^3 j|yg t,y tije locality over which it hasjurisdiction, 2id« uS' and to direct the levy by tax upon the same, of such sum m each year ai thereon, an according t been entere in the pounc or of this I any such de duty of sue paid or th( passed, or be otherwi levied in ei the highest purpose in CLXX^ such Mun assessed ai Counties, ' a sufficient or which s due or be hereafter t( the negocij any such . annum ov( whatsoevei each year I to be ncgoi according City, Tov shall appei City, Tov sucli debt, the passin; any such . discontinu the intere: apply the payment neverthe'j special ra towards tl no part tl y other party : against any conviction of :e in any suit ation created, 1 of Counties, or under any for and shall ;ofore existing 2S under the ige or place, y before the suit, action, ommenced or hich it shall ontinued and ition, in like s, as aga , „o .t might inst such kind, thereto- > or contracted locality over ? name of such ir thereof, and locality, shall 1 shall be due and enjoyed, ation, and all r Corporation, secured, shall new Corpora- ipon the same nforced if not would have [1 against such provided. je the duty of re of any debt las jurisdiction, such sum in 95 jurisdiction, and provide for their pay- ment. What rates shall f - levied for paying such Debts, in ceitaia cases. iroperly, real I ^^^ each year as shall be necessary for the payment of the interest thereon, and as shall be sufficient to pay off the principal, according to the contracts and obligations which shall have been entered into in that behalf; and where any sum of money in the pound is by any Act of the Parliament of Upper Canada, or of this Province directed to be levied for the payment of any such debt, or for any other special purpose, it shall be the duty of such Municipal Corporation, until the debt shall be paid or the purpose fully served for which such Act was passed, or until the service contemplated by such Act shall be otherwise provided for, or the Act repealed, to cause to be levied in each year upon such locality, a sum at least equal to the highest sum which shall have been raised for the same purpose in any one year before the passing of this Act. CLXXVII. And be it enacted, That it shall be the duty of A sufficient * "^ • 1 1 sum to DG iG* such Municipal Corporations respectively, to cause to be ^.^^ ^^ ^^^^^^_ assessed and levied upon the whole rateable property in their ment for pay- Counties, Cities, Towns, Townships and Villages respectively, ^^^^f^^^^ a sufficient sum of money in each year, to pay all debts mcurred and interest, or which shall be incurred, with the interest which shall fall or become payable within the year ; and no By-law By-laws crea- hereafter to bo passed for the creation of any such debt, or for t;i;:f «7"^^°- the negociation of any loan, shall be valid or effectual, to bmd jg\,t n^t to be any such Municipal Corporation, unless a special rate per valid unless annum over and above, and in addition to all other rates Sni.et& whatsoever shall be settled in such By-law, to be levied m in made for each year for the payment of the debt to be created by the loan '^^jyiy^"; . to be negociated, nor unless such special rate shall be sufficient p^J^gntof accordin<^ to the amount of rateable property in such County, such debt City, Town, Township, or Village, as the case may be, as ^>thm twenty shall appear by the then last assessment returns of such County, City Town, Township or Village, to satisfy and discharge such debt, with the interest thereof, within twenty years from Such Bylaw the oassin.v of such By-law, audit shall not be competent to ^°^t «P'='^^''^^' any such Municipal Corporation, to repeal such By-law, or to discontinue such rate, until the debt so to be incurred and the interest thereon shall be fully paid and discharged ; nor to anolv the proceeds thereof to any other purpose than the payment and satisfaction of the same : Provided always Provjso^^^^^^^^ neverthe'( that in the event of there being any part oi such .u^piusof such special rate on hand, and which cannot be immediately applied moneys may towards the payment and satisfaction of such debt, by reason of be invested, no part thereof being then payable, it shall be the duty of such r>»ajii|Mi^| I By-laws for raising loans, &c., shall not be repealed or altered until the loans and interest there- on are fully paid. Punishment of Officers refu- sing to execute Bucn By-law. Duty of She- riffs with res- pect to writs of Execution against Mifni- cipal Corpora- tions, if endor- sed to be le- vied by rate. 96 Municipal Corporation, and they are hereby required to invest such money in the Government Securities of this Province, or in such other Securities as the Governor of this Province shall bv order in Council direct or appoint, and to apply all interest or dividends to aviso or be received upon the same to the like purpose as the amount so levied by such special rate and no other. CLXXVIIL And be it enacted. That any By-law by which it shall be attempted to repeal any siich By-law for raising any such loan, or for the payment and satisfaction of the debt contracted for any such loan, or to alter any such last mentioned By-law, so as to diminish the amount to be levied for the payment and satisfaction of such loan or the interest thereof until such loan and interest shall be fully redeemed, paid and satisfied, shall be and the same is hereby declared to be absolutely null and void to all intents and purposes what- soever andif anyof the Officers ot such Municipal Corporation shall, under pretence of such pretended By-law, neg ect or refuse to carry into effect and execution the suid By-law for levving the necessary moneys to redeem, satisfy and discharge sucb loan and the interest thereof, every such Officer shall be deemed guilty of a misdemeanor, and shall be punished by fine or imprisonment, or both, at the discretion of the Court, whose duty it shall be to pass the sentence of the law upon such offender. CLXXIX. And be it enacted. That it shall be the duty of every Sheriff who shall receive a Wi it of Execution against any Municipal Corporation created or to be created under the authority of this Act, if such Writ shall be endorsed with a direction to such Sheriff to levy the amount thereof by rate, to deliver a copy of such Writ of Execution and endorsement to the Chamberlain or Treasurer of such Municipal Corporation, or to leave such copy at the office, place of business or dwellincr house of such Chamberlain or Treasurer, with a statement in writing of his fees, and the whole amount for principal, interest and costs required to be paid to satisfy such execution, calculated to the day of the service of such copy as aforesaid, or some day as near as conveniently may be to the same, and in case such amount, with interest thereon from the day mentioned in such statement, shall not be paid to such Sheriff within one calendar month after such service, it shall be the duty ot such Sheriff to examine the adjusted and \iiimAmMi, lired to invest ; Province, or Province shall ply all interest le to the like , rate and no y By-law by h By-law for satisfaction of any such last t to be levied »r the interest 'uUy redeemed, ;by declared to urposes what- )al Corporation iw, neglect or lid By-law for f and discharge Dflficer shall be be punished by of the Court, the law upon be the duty of ecu'ion against 'ated under the idorsed with a ireof by rate, to endorsement to ^1 Corporation, of business or jasurer, with a lole amount for :1 to satisfy such of such copy as y may be to the St thereon from be paid to such service, it shall le adjusted and 97 settled assessment rolls of such Municipal Corporation, on fde in the office of the Clerk of such Corporation, and to strike a rate upon the same in like manner as rates may be struck by such Municipal Corporation for the general Municipal purposes of such Corporation, which rate shall be of a sufficient amount in the pound, according to such assessment rolls, to cover the amount so due on such execution, with such addition to the same as in the judgment of such Sheriff shall be sufficient to cover the interest. Sheriff's fees, r.nd Collector's per centage, to accrue thereon to the time when such rate shall probably be available for the satisfaction of the same : And thereupon P'f"P;«t°J'« such Sheriff shall, by a precept or precepts under his Hand >^£tor8. and Seal of Office, directed to the different Collectors of su(;h Municipal Corporation respectively, reciting such Writ of Execution, and that such Municipal Corporation had neglected to make provision according to Law for the satisfaction thereof, and containing the roll of such rate in a Schedule to be annex- id to such precept, command such Collectors respectively, to levy and collect such rate within their respective jurisdictions, at the time and in the manner that they are by law required to lew and collect the annual rates for the general purposes of such Municipal Corporation, and if at the time for levying OutyofCol- aml collecting such annual rates next after the receipt of any ^^^^J^^^^ such precept, such Collectors shall have a general rale roll de- P P ' livered to them for such year, it shall be their duty to add a column thereto, headed : " Execution rate in A. B. m. The Township." {or as the case may be, adding a similar '^ - 1 4^^^ if «n^nvo ihnn nrn>\ and in insert column for each execution if more than one) and to insert therein the amount by such precept required to be levied upon each person respectivelv, according to the requirements of such precept and to levy and collect the amount of such Execu- tion rate from such persons respectively, in the same manner as such general annual rate is by law directed to be levied and collected by such Collectors, and to return such precept with Return of the amount so levied and collected thereon, after deducting Pf^'^^Pt- his per centage therefrom, to such Sheriff within the same time as such Collectors are or shall bylaw be required to make the returns of the general annual rate aforesaid to the Cham- berlainor Treasure? of such Municipal Corporation : Provided Pro-oasto always nevertheless, firstly, that any surplus that shall remain hands of She- in the hands of such Sheriff upon any such precept or precepts, riff ajler Batis- after satisfying such Execution, and all interest, costs and fees [j;;jf"«=" thereon, shallby such Sheriff be paid over to the Chamberlain or Treasurer of such Municipal Corporation, within ten days 7 iSi Proviso : Clerk ami As- sessors, &c., of Corporation to be considered as officers of Court from which Writ issued, for cer- tain purposes. iuch Commif shall be there hall have al ,ow by law mder the Ac ie ninth yes chapter thirty tiers for ii \iness to t SI An annual account of debts of each Municipal Corporation to be submitted to the Gover- nor General. Particulars in such account. 98 after the same shall be so received by him, and be applicable to the general purposes of such Municipal Corporation as the sur- plus of any other rate : And provided :ilso, secondly, that the Clerk of such Municipal Corporation, and the several Asses- sors and Collectors of such Corporation, fehall,for all purposes in any way connected with the r ;r;ring into etfect, or permit- tine or assisting such Sheriif to carry into effect, the provisions of this Act with respect to the satisfaction of any such exe- cution, be taken and deemed to be Oflicers of the Court out of which such Writ of Execution issued, and as such shall be Ig every amenable to such Court, and may be P^oc^^'^'^ «g«'f ^^y^^^ Attachment or otherwise to compel the performance of tl>e|me b^m^^ duties hereby imposed upon them as any other Omcersof s"ch| por^^^^^^^ Court may by law be proceeded against for a similar P"^P««e|llowe^l^^^^^^^^^ ri XXX And be it enacted, That every such Municipallor and paid Co^por^^o"^' shall, annually, on or before the thirty-first .lay ^f^^^ January in each year, transmit to the Governor General of|«yment the Province, through the Provincial Secretary thereof, in such form as shall from time to time be prescribed for that pur- nose, by any order of the Governor m Council, an account of the several debts of such Corporation, as they may have stood on the thirty-first day of December preceding, specifying in such account the original amount of every such debt of which a balance remained due at that day, the date when such deb was contracted, the day of payment, the amount of interest |ebt6ond^ to be paid i'f' for, *he amount of the rate provided lor thelTown or ) redemption md ^ra; faction o'' s-^h dobt and interest, the pro-iCanada, prv ceeds of .^uch rate fur the year ending on such thiity-first day |undred an of December, the amount of such original loan redeemed andiMunicipal ( satisfied during such year, the amount of interest, if any, un- Irict Munic paid on such day, and the balance still due on the principal of such loan. of line having lissioners, ( lain or Tret icoverable iebt. CLXXX or Provision for the appoint- ment of a Commission to investigate financial affairs of Municipal Corporations upon due cause shewn. lard of P appointed fi ing for the ling apprc CLXXXI. And be it enacted. That upon the petition of „ one third or upwards of the members of «"y Municipal Corpo-lj^ne of the ration created or to be erected under the authority of this Mtes are p it shall and may be lawful for the Governor of this Province, if IMunicipal ufficient cause'be shewn, by order in Council, t. issue one or |n[ of the more Commission or Commissions under the Great Sea 11 Co por this Province, directed to such person or persons «^»^e/l;j| Xalo, think fit, empowering them to inquire into the fi"«»f;« ,f "Jr^IX^ monetary affairs of such Municipal Corporation and all th.n^ t^i^J^ed connected therewith, and the person or persons so named in icontamed r 99 iuch Commission or Commissions, or as many of them as iiail be thereby empowered to act in the execution thereof, hall have all such powers for the conducting such inquiry Powers of the low by law vested in Commissioners of Inquiry appointed Commissiou- inder the Act of the Parliament of this Province, passed m ihe ninth year of the reign of Her Majesty Queen Victoria, hapter thirty-eight, intituled. An Act to empower Commis- Act of Canada e applicable to ion as the sur- ondly, that the several Asses- or all purposes Bct, or permit- mv STXn7rVforlnqmring^^^^ v^ith the public ».,Xi ' the Court outlwwess to take evidence on oath ; and the expense ofexecut- ^s to expenses . R.irh shall hJne every such Commission of Inquiry to be settled and of commission. 'deraVainb lowed by the Inspector General of this Province for the ; manc?'oTtlfel.e being^ or his Deputy, shall be borne by such Municipal Imcersof suchlorporation, and so soon as the same shall be so settled and ir^ibr Durnose llowed as aforesaid, shall be a debt due to the Commissioner imiiar P"^?"^^' f (.^^^jjissi^ners named in such Commission, to be provided 5uch Municinallrand paid by such Municipal Corporation as any other debt rrt-fiTday le by them in their corporate capacity and upon default m o Ge e al lyment of the same within three calendar months from the rv Uieeoftme having been demanded by such Commissioner or Com- f fo "ratV |issioners,°or any one of them, at the office oh c be I an account of fain or Treasurer of such Municipal Corporation, sliall be Lyravestlilcoverable against such Municipal Corporation as any other r, specifying inHebt. 1 debt of which when such debt sunt of interest rovided for the CLXXXII. And be it enacted. That with ^^spect to any Astodebts ebt bond fide due by any District Municipal Council, City, ^^^Jl^^l rovuieu lor memWn or Village Council, or Board of Police m Upper tions prior to nterest, the pro-lanada, prior to the first day of January, one thousand eight st^Janua^ry. > thirty-first day lundred and forty-nine, it shall and may be lawful ['^r the ,^^ ^^^y t,^ 1 redeemed and fcunicipal Corporation by this Act substituted f^-^.^"^^.,^'^- P--/j'X est, if any, un-lict Municipal Council, City, Town or Village Council or approval of the the principal ofloard of Police, at any time withm one year after the time council. &c. ippointed for this Act to commence, to pass a By-law proyid- linefor the liquidation of such debt, and upon such By-law sincr approved by the Governor of this Province in Council, tae^of the provisions of this Act by which increased facili- ritv or this Act Jties are provided for the recovery of debts due by such thrProvncfiflMunicipa Corporation shall be applicable to such debts or ,0 issue one' lay of them, until after default shall be made by such Munici- Great Sea la Corporation in raising the necessary funds for the dischage ;ons a. he sha If such debts, or in applying such funds when so raised to the ons as ne snau ■ . ' j^ according to the provisions of such By- ^" ^'n^hin J" Prov ded a w™ys nevertheless, first, that nothing herem proviso as to orsanimSl'ntiined'sh^^^^ or be construed to extend, to prevent Corporations n the petition of lunicipal Corpo- rity of this Act, < » »• which have lawfully issued Notes of De- b'lntures in- tendeii to pass as money. nre- Proviso : pi sent remeaies of creditors not to be impaired. Municipal Corporations not to act as Bankers or to issue Bonds, &c , to pass as money. Nor give any bond, &c., of a less amount than £2b. Penalty for contravening this BectioHr ■I 100 ai.y such Corporation in ^ny such By-law where such Corpo, ration may have heretofore issued Promissory Notes or Deben- tures to pass as money, and which are still in circulation, to provide some mode lor their gradual extinction by redeeming a certain portion thereof annually, and by substitutmg other Promissory Notes or Debentures in the place of such as remain unredeemed, from time to time, as they fall due, when the holders thereof are willing to receive the same m exchange, till the whole of such Notes or Debentures are fully and com- pletelv redeemed and satisfied, according to the provisions of such ' By-law ; And provided also, >econdly, that nothing herein contained shall extend or be construed to extend to deprive any of the Creditors of such Municipal Corporation of all such remedies as they now by Law possess for the recovery of such debts against the District Municipal Council, City Town or Village Council, or Board of Police, which they 'may be owed, all which remedies they shall continue to have ao-ainst the Municipal Corporations, substituted for such District Municipal Council, City, Town or Village Corpora- tion. CLXXXIII. And be it enacted, That it shall not be lawful for any of the Municipal Corporations to continue or be incor- porated under the authoritv of this Act, to act as Bankers, or to issue any Bond, Bill, Note, Debenture or other undertaking, of what nature or kind soever, or in what form soever, in the nature of a Bank Bill or Note, or for the payment of any money intended to form a circulating medium to supply the place of specie, or otherwise pass as money; nor shall it be lawful for any of such Municipal Corporations to make or give any Bond, Bill, Debenture or other undertaking for the payment of any loan contracted by such Corporation, or of any debt due by such Corporation, or of any part of such loan or debt, of a less amount than twenty-five pounds of lawful money of Canada ; and if any such first mentioned Bond, Bill, Note,' or Debenture or other undertaking, shall he issued or put in circulation by any such Municipal Corporation, or under its direction or authority, or under the direction or authority of any of its officers or servants, or of any other person or persons whomsoever, or if any such last mentioned Bond, Bill, Debenture or other undertaking, shall bo made or given by any such Municipal Corporation for tlio payment of a less amount of money than twenty-five pounds as aforesaid, every 8uch Bill, Bond, Note, Debenture or undertaking, shall be absolutely nuV Provided alv Icontained sha' I, Note, under the an passed with t Council, for certain debts Act. CLXXXI shall issue or such Bonds, payment of preceding se knowingly u such Bonds, payment of provided in Parliament ( the seventh the Fourth protect the CLXXX any oU'ence pal Corpor regard to pi made, may more Justin locality in in which Justices, 01 any such o convicted other than and author case may tion shall offender, a offence b( penalty t distress ai Warrant i •wa«ii»»*itt**- e such Corpo. otes or Deben circulation, to by redeeming stituting other ce of such as fall due, when e in exchange, fully and com- e provisions of that nothing d to extend to il Corporation possess for the licipal Council, Police, which lall continue ♦o tituted for such llage Corpora- Any person is- suing, making or uttering bonds contrary to this Act, to be guilty of misdemeanor. 11 not be lawful lue or be incor- as Bankers, or er undertaking, I soever, in the )ayment of any i to supjjly the lor shall it be o make or give taking for the poration, or of rt of such loan >unds of lawful med Hond, Bill, II be issued or ration, or under [)n or authority >thcr person or lentioncd Bond, ! made or given ymant of a less iforesai*!, every Dking, shall be 101 absolutely null and void to all intents and purposes wh^ts^^J^;^ p^„,.^, ^ ^ Provided always nevertheless, that nothmg in this section Linpd ^lall extend or be construed to extend, to any Bond, j^^^^j ^uh S "Not: Debelre or other undertaking to be ^^ue^P.o^^^^^ Ir tS.P -mthoritv of any such By-law as shall or may be .j 'id vi.r "lent ofthe Governo,- of this Prov.noe m Cici for ncovidins for the payment and satisfaction of Sndete mentioned" in the last preceding section of th,s Act. CLXXXIV. And be it enacted, That every person who .l,all issue or make, or assist in the issuing or making of any Bonds Bills, Notes, Debentures or undertak.ngs for he nrvment of money contrary to the provisions of the next eClt VecTion of this Act, and every person who shal know Siv utter or tender in payment or in exchange, any of rBi,BiUsNo..Deben^»or„nden^^^^^^^ ,.ymen o mon y si, l^" J' ^ „„ „f ,^, Act of tlje made, may bo F7«" =;^ '" » .^'^^'USLtion within the other than the prosecutor or "f' ™;' ;'''' ' ", ™ „en., as the '"" """"-r ';rod'b '":!: B i tC^vIS .he convic. case may be, imposed by uio oy la . g^a nst the tion shall be had, with the ^i!^^;; .^ Tcm^^^^^^ if the ofrendor,_nndtocomrnittlu.o«^^^^ g^^^^ ^^^^ Act of U. C. 7 W. 4. c. 13. Punishment of persons offen- ding against By-laws, where no other provision is made, and how enforced. Penalty how levied. ofl^nce 'bo pun^hablo ^X /^-^^ l^thwith paid, by penalty to he levied ^^ '^'^^ndrattes of the offender, by distress and sale of the goods and chatte s ot t ,^ /^ Warrant under the hand and seal of such Justices f'«>T I efflw«w**" M|^^^^P^j|^p|i^^^ ^1 T H 5 : 3;i/ 102 them, or of the Chairman or Presiding Officer of the Cour How applied, before whom such conviction was had ; and one moiety of any such pecuniary penalty shall go to the informer or prosecutor and the other moiety shall be paid to the Treasurer or Chamber lain of the Corporation against the By-law whereof the offence shall have been committed, and shall form part of the funds at the disposal of such Corporation : Provided alv;ays, firstly, that any such prosecution may be brought in the name and on the behalf of such Corporation as aforesaid, and in that case the whole of such pecuniary penalty shall be paid to the Treasurer or Chamberlain of such Corporation, and form part of such funds as aforesaid : And provided also, secondly, that any member of the Municipal Corporation, under the By-law whereof any such prosecution as aforesaid shall be brought, being ex officio or otherwise, a Justice of the Peace within such locality) may act as such with regard to such prosecution. CLXXXVI. And be it enacted, That as well with regard to any such prosecution as to any suit, action or proceeding to which any Corporation created or to bo created by or under this Act shall be a party, no member, officer or servant of such Corporation shall be deemed an incompetent witness, nor shall his testimony be objected to on the ground of his party. being interested in the matter, as such member, officer or servant of such Corporation, nor shall he be liable to challenge on such ground as a juror, if he have no more direct interest in the issue of such suit or prosecution, or be not otherwise rendered incompetent; any law, usage or custom to the contrary notwithstanding. Corporations CLXXXVII. And be it enacted. That it shall not be not to stop up competent to the Municipality of any Township or to the ^"filS; Municipal Council of any County, to "pass any By-law for stopping up any original allowance for Roads m any Township ] or County, nor on the limits of any Village, Town or City therein. Proviso: pro- secution may be brought in name of Cor- poration. Proviso as to members of the Corpora- tion being J US' tices of the Peace. Officers, &c., ofCorporation, com|>etent witnesses and jurors, incases in which the Cor[Hiration shall be a When any other road ia altered, the ■ite of the old road may be ■old l)y Corpo- ration to the party next CLXXXVIII. any Road under thus altered shall Road, or where tl Village, Town or old Road shall an( pal Corporation, And be it enacted, That on the alterntron of the authority of this Act where the Road not have been an original allowance for 10 same shall lie within any Incorporated City or the liberties thereof, the site of such 1 may be sold and conveyed by the Munici- under whoso authority tho alteration was made, to the lands the sai refusal to be' price or pric shall think i whomsoevei be lawful 1 convey any than the pei until such fi to become t And in cast Concession any City, 1 he shall be or Village Side Line, the said C I CLXx: hereafter 1 more thai provided i \ be constru under the Canada, authority laid out, ( CXC. liabilities Sessions, Bridge ii force, shj to the » Highwa; way, H shall bo of both Act as I meeting regulati Corporr force nr «aSuH«ll&g«> 103 r of the Court 3 moiety of any! or prosecutor,! "er or Chamber, reof the offence ft of the funds' alv;ays, firstly, le name and on kI in that case be paid to the , ami form part , secondly, that ider the By-law nail be brought, Peace within ich prosecution. ell with regard )r proceeding to d by or under • or servant of petent witness, e ground of his mbcr, officer or ible to challenge 3 direct interest not otherwise custom to the „„Je, to the party or parties next a¥m.°g '7';;^«J;"fj, lands the saine shall have run, or m case of h s, her or tlieir E IhinTre s2le,theito any other person or persons e'^shall^he entitled to retain the land «'''""/";^^„';■'yI^lTr ^.ri^isrx^or^^t^^^^^^^^^^ the said Concession Road or Side Line, laid out; of the same width as the old one. •whose land it runs. &c. Proviso, who shall have the first offer. it shall not ship or to the \ny By-law for! n any Township | Town or City the alterntron of irliere the Road il allowance for ly Incorporated the .site of such by the Munici- 1 alteration was As to parties havinE; given land for roads without com- pensation. Roads not to exceed ninety nor be lesa than forty feet in breadth. Proviso as to roads now established. Sessions, with ™'P"<^\'" ""[,,'' ;'^r£; 17 haU'como into f;,^r.^aii"fSirf:ni£3^^^ j;i-a^S-^i:toJ^;S way, Uoad or Bridge lymg ^^f.'^^T^'J'^i' 7 Corporations J\\ bo vested in and ^el^^^g to th« Mun c.pal t^^^^^^ ^^ .^ of both such Count.es, subjec^ always to epr.^ ^^^ Act as to the mode and "?"""«7, J^'^'J^'^^^^ rules and ?rrrx.wrnuirpqr::ih^^^^^^^^ Powers, &c., of Mpgistratea in Cluarter Sessions with respect to Highways, _ &c , vested in Municipal Corporations. As to rules and regulations made l>y them. •^i itf^^m?: ' n I I 104 which such Magistrates had previously the power of making | or giving respecting the same, and neglect of or disobedience to any such rules, regulations or directions so to be made or 1 given by such Municipal Corporation or Corporations, shall subject the defaulter or defaulters in the premises to the like penalties, forfeitures and other consequences both civil and criminal as such neglect of or disobedience to similar rules, regulations or directioris of such Magistrates would have subjected them to, previous to this Act coming into force. Corporation may authorize persons to plank, &c., Koads, or build Bridges within their jurisdiction. Proviso : tolls to be fixed by Corporation. Proviso: tolls not leviable until the work is completed. Proviso: tolls not to be gran- ted for more than ten years. Proviso , per- sons receiving tolls, to keep roads, &c , in repair. Proviso as to companies formed under the general Act of this SoBBion. CXCI. And be it enacted, That it shall and may be lawful for any of the Municipal Corporations, created or to be created under the authority of this Act, to authorize by By-law any person or persons who may be willing to contract with them, for that purpose, to plank, gravel or macadamize any road or to build any bridge, which, under the provisions of this Act, any such Municipal Corporation would themselves have a legal right to plank, gravel, macadamize or build, and to grant to such person or persons in consideration or part consideration of the execution of such work, the tolls to be levied on the same after it shall have been completed ; Provided always, firstly, that the rate of tolls to be taken upon such work shall in all cases be fixed by By-law of such Municipal Corporation, and not be in the discretion of such person or persons so contracting as aforesaid ; And provided also, secondly, that no such tolls shall be leviable until such Municipal Council shall by a subsequent By-law have declared that the work contracted for has been completed, and that the tolls may bo collected thereon accordingly ; And provided also, thirdly, that the grant of such tolls shall in no case be for a longer period than ten years from the time of the passing of such last mentioned By-law by which the levying of such tolls shall become lawful ; And provided also, fourthly, that it shall be the duty of such person or persons during the period that his or their right to levy tolls under such By-law shall continue, to keep and maintain such road or bridge in good and proper repair ; And provided also, fifthly, that none of the powers and privileges conferred by an Act passed in this present Session of Parliament, intituled, An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other Works in Upper Canada^ shall extend to confer upon any Company formed or protended to bo formed under the authority of that Act, any power of interference with any authori or persons CXCII. any of sue the stoppii highway, least one c or printed immediate lane, nor or attorne road, stre shall run Provided section or or be CO whatsoev be erectei way witl which b}' may be or board vincial p Provinci singular such Ml bridges ^ be and t time to Govern! Provinc orders i for that CX( contain power rations to pass or alte have 1 theDe in any \ , "5itfift.»*i»liis* W.^'^tjjrr- ver of making r disobedience ' to be made or I oratiors, shall s to the like j oth civil and similar rules, I would have nto force. may be lawful ir to be created T By-law any ct with them, G any road or IS of this Act, selves have a d, and to grant t consideration levied on the ovided always, ch work shall al Corporation, »r persons so secondly, that icipal Council that tlie work tolls may bo so, thirdly, that a longer period y of such last ich tolls shall that it shall be period that his shall continue, ood and proper of the powers in this present authorize the •onstruction of shall extend (o 1 to bo formed ilerference with 105 any authority conferred -by any sudi By-law upon any person or persons under the authority of this section. CXCII. And be it enacted, That it shall not be lawful for anv of such Municipal Corporations to make any By-law tor hJstoppTn-up, altering, widening or diverting any public highway road, street oflane until they shall have caused at leLt one calendar month's notice to have been given by writ en or printed notices put up in the six most public places m the imS ate neighbourhood of such highway, voad, street o W nor until they shall have heard in person or by counsel or at'tornev any person through whose land such highway, Id stree'torlane, or oroposed highway, road street or lane shall run and who may claim to be so heard before them : Pro iJed'aUvays. nevertheless, that -^J-/. -^^.-..^ section or in any other of the provisions of this Act shall exie a or be construed to extend to give any power or autho n ty whatsoeve to any of the Municipal Corporations erected or to TeeSed under the authority of the sanrie, to >nt«rfere in any warw th any of the public roads or bridges m Upper Canada UrhUv Act of Parliament or odierwise, now are or hereafter :; ^'be^ted' in Her Majesty, or inany P^^^J departmen Sard of Her Majesty'. P^-^^f ,„^!][i^^rd t y -^ 'h sucn ^""" . . r^h(,ir respective jurisdictions, shall for that purpose. Corporation not to stop up Roads, &c., without one month's notice &c. Proviso: Cor- porations not to interfere with Roads, &c., vested ia Her Majesty or in any pub- lic department. Powers of Governor in Council as to Buch Roads. Corporations not to interfere with the align- ment, &c., of Roads laid out by the Ord- nance, &c , except by con- sent. Iii#ici;ti!ti»*«**'' M Corporations ^ot tornn Roads through Ordnance property or in- terfere with the defences of the Province, &c., except by consent. 106 other works constructed by or under the direction of Her Majesty's Ordnance, or on the land held by Her Majesty and reserved for military purposes, until the consent in writing of the Head Quarter Board of Olficersof Her Majesty's Ordnance acting in Canada, shall be first had and obtained authorizing such intended By-law to extend to Ordnance Property. CXCIV. And be it enacted, That nothing in this Act contained shall extend or be construed to extend, to give any power or auihorit> whatsoever to any of the Municipal Corporations erected or to be erected under the authority of the same, to pass any By-law to open any street, road or lane through any lands held by Her Majesty or on Her behalf in respect of the Ordnance, or to interfere with, prejudice or weaken the right of Her Majesty in respect of such Ordnance property, or to interfere with the integrity of the public defences as connected with such property, unless the consent of the Head Quarter Board of Officers of Her Majesty's Ordnance acting in Canada shall be first had and obtained, such consent and all other consents required by this Act in regard to Ordnance property to be given in writing under the hands of the Head Quarter Board of Officers of Her Majesty's Ordnance acting in Canada, and that they are such Head Quarter Board of Officers shall be certified under the hand of the Commander of the Forces in Canada for the time being, and every such consent and certificate shall be recited in such By-law. In case it shall be necessary for Roads to pass over, &c., private proper- ty, arbitrators to be appointed. Arbitrators to fix Iho com* CXCV. And be it enacted, That upon the passing of any By-law, by any Municipal Corporation erected or to be erected under the authority of this Act, for the purpose of authorizing the opening any road, street or other public thoroughfare, or of changing, widening or diverting anyroad, street or public thoroughfare so as to cause the same or any part thereof to go through or be placed upon or injuriously to alTect the land or other real property of any person or persons, it shall and may be lawful for the person or persons who shall own such property to name an arbitrator, and give notice thereof in writing to the Clerk of such Corporation, and the Head of the Corporation shall, within three days after such notice, name an arbitrator on behalf of such Corporation, and give notice thereof to the person or persons owning the said property and appointing such arbitrator as aforesaid, and the two arbitrators shall, within three days thereafter, appoint a third arbitrator, and the said three arbitrators, or the majority of thcro, shall have power agree. 107 Ion of Her Majesty and n writing of ^'s Ordnance authorizing party. in this Act to give any B Municipal thority of the oad or lane Her behalf in prejudice or ch Ordnance iblic defences nsent of the 's Ordnance such consent in regard to the hands of y's Ordnance uarter Board ! Commander every such •law. issing of any r to be erected of authorizing iroughfare, or reet or public t (hereof to go ct the land or shall and may such property n writing to le Corporation an arbitrator hereof to the ppointingsuch shall, within and the said , have power to determine upon and award the amount of damages (if any) Utent'forall purposes ^^f ^^'nce bU nd be^^^^ the submission of the matters m ^ fferen^^ ^y ^ ^^^^^^ parties containing an agreement^^^ \' TT^bo'ntd of tch Corpo a^^ neglect to appomt that if the Head ol sucn va i aforesaid, an arbitrator for the Corporation whm^ ^^^^^,^ ^^^ or the said two first mentioned arb. rato « sha ^^^ agree, or shall not agree "P^^^^^^Euv of them, shall be 0? the said three -b^^ljl^J, ^^/et "^^^^^^^^^ within the unable to agree or sban^^^^B^^^^^^^^^^ .^^^^^^ , t me aforesaid, then and in evt^ij^ interested as aforesaid, be lawful for such person or persons, so^^^^^^^^ ^^^ to instiUite a special ^^^.o^on tlie cas^ a ^^^^^^^^^^^^^^ Municipal Corporation by ^^^^^'^^^^^^^t*^^^^ whether any passed, and such action '^^^^^^ ^'^^^T^^ Ltry shall be made under ^uch By-law o^^ not ^^ use shall be made of such FJ^ ^^ " J, [ ^.e .'rpo'ses of survey and if no such entry or "^^^^^^^^^'J^^^^^h S, Sien the Judge shall be proved at the trial of ^nj f "^ J '^ ;^„'t „f such proof who shall try the same shall ^^rtify^e want ^V^^^^ Tpon the record, and in ^-^l^'l'^^^^^: ^d such trial, for such Municipal Corporation, at any t ^^ and until four calendar month after he^ re y^^^^ ^^^ upon such verdict, to repeal f"';\7jX piaintiif's Attorney, pL to the Plaintiff in such action or the n^^^^^^^^ ^^^^ L^axed costs of the said P»a';f !" '^fjZ Corporation and after such tender or Pay-e"t ^™rha'll be discharged against whom such ac ion ^^a I be b^-o^^g^^^ ^^ ^^tion, and from the damages which «h«U be a s^^^^^^^^ ^ ^^^^ to be the land or other real P'op^jty ync"^^ «n »^^^ ^^j ,,„,!„ taken by any such firs "j^^'^^i^/d'f'I'.d no entry or other as if no such By-law had ^^^"f^^^ie purposes of such first useofsachlandor •^^"'P^lPty'f,^^^^^^^ such mentioned B^w shall be 1^^^^^^^^^^^ damages by the Jury, umu uw «» pensation if any. Proviso : Awards sub- ject to Court ofa. B. Proviso: in case of ne- glect of Head of Corporation to appoint ar- bitrator, &c., party interes- ted may sue Corporation, &c. Action sus- tainable with- out proving entry. By-law may then be repeal- ed, and costs tendered, &c. No entry al- lowed until damages and coBtB be psjd. m ^smmMMm^ ,«tiiiasiffl If a lawful and sulHcient tender be pro- ven by defen- dant, all costs subsequent thereto to be borne by plaintiff. In estimating damages, ju- ries to take into considera- tion benefit to be derived by plaintifT from widening of Ro%d, &c, 108 and the costs of the Plaintiff in such action, shall have been levied by the Sheriff, or paid, or discharged, or lawfully tendered to the Plaintiff or the Attorney for the Plaintiff in such action. CXCVI. And be it enacted, That if a tender shall be pleaded, and if upon the trial of any such action it shall be proven to the satisfaction of the Jury that a lawful tender shall have been made to the Plaintiff or to the Plaintiff's Attorney, of a compensation or sum equal to or greater than the amount of the damages assessed by such jury, the said jury shall find such tender by tlieir verdict, and in case of such finding, the costs of the defendant in such action, incurred after such tender, shall be borne by the plaintiff, and the plaintiff in such case shall receive no costs, for any proceedings subsequent to such tender. CXCVII. And be it enacted. That as well the arbitrators as the jury, in estimating the damages or compensation in any sucii submissions or actions, shall take into consideration any benefit or advantage which the plaintift shall or may derive from the opening, widening or diverting any st'ch road, street, or other public thoroughfare, and deduc* *^c- same fi^om tho damages or compensation ; and in case *> fjfit to be derived from the said opening, widening, ting such road, street, or public thoroughfare, shall be i, 'lan the damages which shall be fount! to arise from the ..ig of such land or other real property, the award or verdict shall be for the defendant. All By-laws to be authentica- ted by seal of Corporation, signature, &c. Effect of cer- tified copies. CXCVIII. And be it enacted. That all By-laws made and passed by any Municipal Corporation under the authority of this Act, shall be authenticated by the Seal of the Corporation, and by the signature of the Head thereof, or of the person presiding at the meeting at which the same shall have been made and passed, and also by that of the Cclcrk of such Corporation ; and any copy of any such By-law, written without erasure or interlineation, sealed with the Seal of the Corporation, and certified to be a true copy by the Clerk, and by any member of such Corporation for the time being, shall be deemed authentic, and shall be received in evidence in any Court of law or equity in this Province, without its being necessary to prove such seal or signatures, unless it shall be specially pleaded or alleged that the same or any of them are forged or ( other instru erected or t sealed with Head of su any By-lav the same »m CXCIX copies of i Corporatio minutes o! kept in t seasonable and the S8 the rate o! lower rat and proce and so th thereat, e contrary. CC. A erecied c shall us and Hl limits or situate. City or ' County, mutuallj for the I of such of such award appoint Corpori Corpon arbitrat arbitral days nt of this be dee City o -'{i;iy;„i,«4iiS'>WBii"»« have been r lawfully Plaintiflf in r shall be it shall be ;ender shall s Attorney, the amount r shall find finding, the uch tender, such case 3nt to such ! arbitrators ition in any oration any may derive oad, street, le from tho -<3lit to be ting such 'urn the iig of such shall be for vs made and luthority of Corporation, the person have been crk of such iw, written Seal of the ! Clerk, and being, shall Icnce in any it its being it shall be of them are 109 forced or counterfeit ; and all debts, bonds obligations and Bonds. &c.. fnv By-law to be passed in that behalf, be authorized to s.gn the same on the behalf of the Corporation. rxniX And be it enacted. That the ongmals or certified co^ifs of all By-laws and regulations made by any Mun,c,pa rornora ion under the authority of this Act, and of all m?;S?es of the proceedings of any such Corporation shall be keSHn the office of the.r Clerk, and shall be open at al ^LllP times and hours to the inspecti..n of the public ''Tthe said clrk "bill be bound to furnish copies thereof at and the ^fJ^ U^^-^ "^^^'^ l^^ndred words, or at such ^ rate as thrcrprarn^hall appoint; and all meetings lower ^"^^^ ,fjf^f^;j;,\i, Corporation shall be held openly, '"'i^ th^fnope son^hall be prevented from being present contrary. Original By- laws to be kept in Clerk's Office and open to the Public, &c. As to Copies. Meetings, &c. to be public. CC. And be it enacted. That so long as any CUy or Tmvn sr.; 'S;; '. :;:^'to",he "^ cor;..io„ or .ch uuy «n Au>v . I rnnnpv for ine same as shall ne of such Corporations bemg unable to agree as to of such compensation, then the samo ^h 1 be set led by^ ^^ award of ^^^^^^ -^"^^''-"^^ .^l '^ ."^e by tt Municipal appointed as ''"^^7' .^^'^'^/V^o.vT another bv the Municipal Corporation of such City or lown, ami Cor oration of such County -d the th rd by such t^^ arbitrators dius .aPP"'"*«^V;T '\ f^d arbitrator within ten arbitrators omitting to appoint s"^» Jur^ Governor days next after their own ^fT^^X^^^'^t so settled shall Corporations of Cities using gaols, &c , of Counties within the limits whereof llicy are situ- ate, to pay to the Corpora- tions of such Counties for the use of the said Gaols, &c. a fair compen- sation — to be settled by ar- bitrators in case of disa- greement. . '^WF^' .^#;itf Proviso : Governor to appoint arbi- trators in de- fault of Cor- porations. Proviso: after five years, Governor may order a new agreement. Awards sub- ject to Court of aB. Proviso : exist- ing agreements to remain in force as if set- tled under this Act. no and Us payment shall be provided for as is hereby directed with respect to other debts of such Municipal Corporations in oeneral, and in default tiiereof may be sued for and recovered as any such debts : Provided always nevertheless, firstly that in case either of such Corporations .shall omit for one calendar month after they shall have been called upon for that purpose by the other oi such Corporations, to appoint an arbitrator on their part as above provided, it shall and may be lawful for the Governor in Council to appoint an arbitrator on the part and behalf of such Corporation so neglecting to appoint such arbitrator who shall in such case have all the satne powers as if he had been appointed by such Corporation : And provided also, secondly, that whenever, after the lapse of five years from the making any such award, it shall appear reasonable to the Governor In Council, upon the application of either of such Municipal Corporations, that the amount of such compensation should be reconsidered, it shall and may be lawful for him, by an order in Council to direct that the then existing arrange- ment respecting the same, whether it be by agreement ot he parties or by award, shall cease after some time to be named in such order, after which the said Corporations shall proceed as at first, for the settlement either by agreement or arbitration, of the amount to be paid from the termination of such previous settlement : Provided also, thirdly, that every such submission and award shall be subject to the jurisdiction of Her Majesty s Court of Queen's Bench for Upper Canada, in like ma.irier as if the same were by bond, with an agreement therein that such submission might be made a rule of that Court : And provided always, fourthly, that whenever at the time this Act shall come into force there shall be any subs.stmg agreement or other settlement, whether by Act of Parliament or other- wise of the amount to be paid by any such City or Town for such Court House. Gaol or House of Correction, or any of them, the same shall be and continue in force as if it had been settled under the authority of this clause at the time that this Act shall have so come into force as aforesaid. I Villageo, Towns, &c,, in the different Schedules and the Wards therein, to have the seve- ral boundaries therein set forth. CCI And be it enacted, That the several Villages men- tioned and named in the Schedule to this Act annexed marked A shall respectively have such boundaries as shall or may be established and declared for such Villages respectively, m and bv any Proclamation or Proclamations, to be in that behalt issued under the Great Seal of this Province, by order of the Governor thereof in Council, at any time on or before the first Jay of Octo I by such boi and the sev( to this Act bounder? es i under the Towns sha forth in su the several this Act i boundaries set forth ir Cities und< ot such C pectively, last mentic singular tb and Cities continue v in the mai ecu. to this A( Municipa from havi usually h from hav or from « and it is subject t this Act until by become ( respectii Villages That tlv such lin for sucli Proclar Seal of Counci after t Towns applies ..^^ fl ly directed 3orations in i recovered firstl}-, that ne calendar hat purpose rbitrator on I lawful for on the part ippoint such : powers as id provided e years from nable to the Lher of such onipensation for him, by ng arrange- ment of the be named in 1 proceed as arbitration, uch previous h submission er Majesty's like manner therein that Court : And ime this Act ig agreement ent or other- or Town for ►n, or any of if it had been ime that this ''illages men- lexed marked all or may be lively, in and 1 that behalf ' order of the efore the first 111 under the provisions of th.s Act ^na m ^^^ Towns shall respectively have the "^^mes ami u this Act annexed «^«^^f ^ ,^; '^t, She ^'^^^^^^^^ boundaries both as respects such C>t es and u^f ''^^ ^^,^,i be set forth in the said last ^^^'^^If^^t^s^L Wards Cities under the P/«;'^'«"f,;f.f wt^/attached to each res- ot such Cities shall, with ^^^^'^^^^^^ in the said pectively, have the names and b""" J"^J^^^ ^j^ ^„a all and Lst mentioned Schedule m >-X^^^ «/ J ^.^ Vi ages, Towns singular the names «"^^°"t Jsuch T^^^^ and Cities shall Municipalities only or without ny Mun.c.pa = ^^^^ ^^,^ from having been ^h^Pl^^^^^J^^^^^^ Courts, or usually held or, from being tbe ^eats ot ^^ p,,,i,^ent, from having been named /fj^^^^^.i^ reputed to be Towns, or from other causes, are or are general y rep ^^^^.^^^^ ^^ ^^ and it is inexpedient to ^^P^^^^^^^ ,"^/^^^^^ in and by subject them.to the more ex^en^veorg^ ^^ this Act provided for either ,^^^ J^^^ respectively until by \he mcrease o the nhab^^^^^ J^^^^^^^ organization become desirous of and e^'^^^ ;? ^ ^ct, were they only etively a^thef wou^;^-^^ , j. .acted How.. -^^^^^ such limits and boundaries as hall be e tau ^^j^^^^j^^ ,, for such Towns respective y, m and by any ^^^^ ^^^^^ Proclamations to be •"J^'^J.^Jtie Governor thereof in Seal of this Province ^y/J^f^ e" h^fi^^^ Council, at any time ^f ^e^thaU be and continue to be after the passing of this Act, sliau ^^^ ^^ ^^^j, ^ct l^^:^X't^^^'^rX any ^Act, nor any of the W t:jt4»tlil^i'lii 112 I, •! All the provi- sions of this Act may be exteiicled by proclamation to such towns, provisions of any Act to be passed this Session, or at any time hereafter referring to Towns generally, shall thereby extend or be construed to extend to any of such Towns ; Provided always, nevertheless, that it shall and may be lawful for the Governor of this Province in Council at any time by Procla- matioi. under the Great Seal thereof, to extend the limits of any of the Towns mentioned in the said Schedule D, to divide such Town into Wards, and to extend to such Town all the provisions of this Act and of all other Acts applicable to Towns in general, whereupon the provisions of this Act and of all such other Acts shall extend to such Town as if such Town with its limits and divisions had been set forth in the Schedule to this Act annexed marked B. As to Towns CCIIi. And be it enacted. That the inhabitants of each of mentioned in ^^^^ Towns mentioned in the first division of the said Schedule ofthedukD. marked D, shall be a Body Corporate apart fnnn the Township incorporated, qj. Townships in which such Town shall be situate, and as such shall have perpetual succession and a Common Seal, ■with all such powers within the limits of such Town as are by this Act conferred upon the inhabitants of Incorporated Villages, and the powers of the Corporation of such Town shall be exercised by, through, and in the name of ihe Municipality of such Town, and all the provisions of this Act, and of all other Acts hereafter to be passed applicable to Incorporated Villages, and the Municipalities thereof, shall apply to such Town and the Municipality thereof. Provision with respect to the incorporation of towns men- tioned in second division of Schedule D. on certain con- ditions. Petition. CCIV. And be it enacted, That eachof the Towns men- tioned in the second division of the said Schedule marked D, shall be and continue a part of the Township or Townships within which the same shall be respectively situate, and shall be and continue subject to the jurisdiction of the Muni- cipality or Municipalities of such Township or Townships as if the same wfts an unincorporated Village or Hamlet, and that when by the census returns, it shall appear that any of such last mentioned Towns and any portion of a Township or Townships, which from the proximity of streets and buildings, may conveniently be attached to such Town, shall together contain one thousand inhabitants or upwards, it shall and may be lawful for any number of the resident freeholders or householders of such Town, not less than one hundred, to petition the Governor of this Province that the inhabitants of such Town may be incorporated, and upon such petition it shall be lawful for the Governor of the Province by an order jin Council to Ithe Province, I including wit I of the said z I proximity of 1 be attached t such Town I boundaries, i next after ih such Proclai or Townshii subject to th of such Tov I shall have p i such powei'i I Act conferr and the po' exercised I such Towr other Acts Villages i apply to su same were marked A ccv. returns it said Schec incorporal any porti( proximity attached i inhabitan Municipz of this P extended upon sue Province under th and divi after th( calendai prov isio passed i ^ ! .1 id. mm^' 113 • rouncil to issue a Proclamation under the Great Seal of Proclamation. '? Provhice setting forth the boundaries of such Town and tludmo vWhm^^u^^^^^ any such portion or portions f he slicT Xcent Township or Townships, as from the " r. K of Xets or buildings as aforesaid may conveniently proximity ot street, or uu o j ^ inhabitants of when such (be attached to such lown as 'V 'esau , du extended Proclamation '!nch Town as embraced withm such new and /-f ^"7 shall take ^"',"'r„%ad5rr ' an" . MuniciifalUy thereof as if the :r£;"ret„tr.riu.he Schcd.le to this Act annexed marked A. ccr And bo it enacted, Tl.at whenever ty ">» f "^"^ J?: it ^:,l appea.- that any of the Towns men oed.n.., said Schedule marked D, w';'^'' f »" "'^.^ts aforesaid, and "corporate »"^,^ '^„,rnr; or Cthfps which, from the any portions of the J ownsiup ui f jently be prqmity of f -J^^- , i^''^S, ^ntain five thousand attached to such Town ^'^«'' ;' f and may be lawful tor the inhabitants or upwards it «'\«!i^";\^''p^^^^^ Municipal Corporation of such Town o pern. ^^ of this Province that . l.m. s ^,^.^^^ ^^y, extended, and that !^;^ ^^^^ J",'!^ .^^ j^^ the Governor of the upon such petition it shall be au ui tor p^.^i.^ation Province, by an order m <-"""! '' *%'^ ", ^ino- such limits under the Great Seal of the P;^;^^^^;;,'^^^^;: and from and and dividing such Town into Wards accodrngy^ after the f^st d^^ ^^/^irZ/of^u h tool 1^^^^^ all the calendar months from tl^e fcs«e ot such 1^ ^^ ^^ provisions of this Ac «^^^ ^^ J^'^ C^, j^^^^^^ or to the passed applicable to Incorporated Towns in get Provision with respect to the division into Wards of cer- tain Towns in Schedule D. on certain con- ditions. Petition. Proclamation. r mi ' ■■{•.'•- -i 114 Ton-n Councils thereof, shall apply to such Town and Town] Council thereof, as if the same were mentioned m the Schedule | to this Act annexed marked B. CCVI And be it enacted, That for and notwithstanding any thina in this Act contained, the Municipal Corporation or other Municipal bodies or authorities of the several Counties, Unions of Counties under the name of Districts, Cities, Towns, Townships and Villages in Upper Canada, existing immediately previously to the first day of January, wh.ch w.l be in the year of our Lord one thousand eight hundred anil fifty, and all and singular the Members, officers, and servants of the same respectively, shall, upon and fronj t'le said first day of January, in the year aforesaid, until the fourth Monday of the same ninnth, continue to have, exercise and perform all and singular the Municipal and other powers, functions and duties which iirmediately previous to such first day of January shall or may by-law have been vested in them respcc tively, to all intents and purposes, as if this Act had not been passed. Proclamations CCVII. And be it enacted. That any Proclamation to be incorporating j^^^^,, ^^^,1^^ the authority of this Act, for the incorporation of ™n'S't*ke' any Village, for erecting any Village into a Town or for effect. erecting any Town into a City, shall have force and effect upon, from and after the fir.t day of January next after the end of three calendar months from the teste of such Proclama- tion, and not bef.>re, except only as regards any thing to be done preparatory to the election to be held in consetjuence of such Proclamation, with regard to which such Proclamation shall have force and effect from the time of the teste thereot. Corporations, &c.,of Dis- tricts, &c, ex- isting imme- diately pre- vious to Ist January, 1850, to remain until Ith Mon- day of that month. Powers of Members, &.c., to continue. |jt the annual the several T of voting and Councillors t have heretofo cipal Electic corporated, < for the same, for the City, be elected u' pectively ; i the Municii incorporated shall be tl holders or age of twe Majesty by in such To^ to the hold rated on tV houscholde election. tga tio t»a C .i 'i:uw%-44+ dascri*'"*^ iJnU h" * first clcci Provisions of this Act as to property quali- fication when to take efTect. Who may vote or be electe and prov or of ll and all passetl I Police, Upper ghall cc with i which this Ai and Townl ihe Schedule] withstanding jrporation or al Counties, ricts, Cities, ada, existing , which will hundred anil and servants the said first lurth Mojulav id perform all functions and first day of them respec- had not been imation to be :;orporation of Town, or for CO and effect ext, after the ich Prodama- y thing to be )nse(]uence of Proclamation teste thereof. in in the forc- nt any person 3 assessed for 1 rigiit to vote the autljority nless or until rovince in tbo for tlie rogu- ctin<5 of local ral provisions , but all such I or be elected 115 1 ' , 1 .• .a nf Parish and Township Officers, for l»^ '''' ^""rTotnCp in U per Canada, shall Lve the right (the several townships in ui p township and Vdlage of voting and being ^'^f *''^,;f.. [" Act and such persons as 'councillors to ^e elected unert^. Ac ,^and^^ ^^ l^^ ^^^^._ have heretofore had a right to vote r j^eretofore in- cipal Elections of any ^'1^ ^"^ «^^^^^ ,°,i,ii,Hed by law eorporated, or having a ««« ^ «t f o ^^^ ^^^^^^^ for the same, «^^^^ ^^^'^^f^.^J^ Airmen and Councillors to for the City, Town or J'l «g«;^^^^^^^^^^^^^ ,, Village res- be elected under this Act for such Uity, ^ ^ ^^ ^nincorpo- :e.,ive.y .; .ana *e P--^-^' fy TolT Zi^^H'^ "ot '-^— ihe Municipal Elections ot every ^^ Scorporated as ^^r^^ Zh^lJ^^ ether house- ,hall be the resident male nHabjtan^s '^.^ %iiiage of the holders or freeholders of /"^vardTbeinc^ subjects of Her aae of twenty-one years or "P^^^' Xo.Lll have resided ^Majesty by birth -.f ^^fs fcLl -i'mont^^^^^ previous in such Town <>r tillage for sx^cale.mar^^^^^^ ^^^^^^ ^^^^^ ^^^^ to the holding of the ^^'^ ejection ana ^^ ^ rated on the Assessment Roll o the .aui .^^^ ^^ ^^^^ householder. "^ ^^^^^1^^ ^--'1'*'' „1ontinn J^juMt44 e i l al g o, that ^^ ' ^' ^' ^ ^ ' rTr^Tni^ ariir-£UtrV^-«f places where *^' f ^77iriLi!.at tl»e^^ttSSH^''♦<^^^***^^*^^'***"^^i^ a registration Wa*H«-^*if*»t«^^^^^ of vomers exists. pri i^r Uj _tLis_AGt-C«HH«g J t^t election^t^l'eld under this Act. ^^J^ /^_^ ^. V A lh« it enacted. That all Acts and parts of Acts Acts. &c-'^^^ CCIX. And bo '^^"X^^^^^^ this Act. re. and provisions of law, e.th " the l . ^^ ^ ^^^^^^^ ^^^^^.^ or of the P'^rhamcntoftholate ^^^^ ^^^^j^'^^ thereupon and all Acts By-laws, Uue« "C ict^^ouncil, Board of passed by »ny Townslup M et ng P.^tr ^ .^ Police, TownorC.ty Count "MP . ^^,,,„ this Act Upper Canada i'^'^'^' '^^^^f, ^ X tme mav be inconsistent '■mMi^i i^f'^n? Interpretaticn of word " Governor," &c How this Act shall be con- strued. Act may be amended, &c., in this Session. 116 shall be and they are hereby repealed, and shall cease tol be in force upon, from and after the day when this Act shall come into otFect. CCX And be it enacted. That the word " Governor » wherever it occurs in this Act, shall be understood to mean' -,nd include the Governor, Lieutenant-Governor, or Person i.dministerin^ .'"^ -^j^^^ ,f Upper :;horityofthe ^--nme.U^^^^ ^ minutes east, Canada ; then "^"^^J'' "'^';'j"u ^.oreor less, to the north- seventy-nine cha.ns fortyl'veln k , m overnment as Tast a;;,lc of the ^-^XeiMU >u cl^rees 'thirty minutes aforesaid ; then, ,^".^ \;'° '^.^ght links, more or less, o west, eiKhly-two cha u s ^^^"^y f '?^, ,,,,, „, ,aid out by the the north-west «"g^^^' ^ ' ^^^^^^^^ "' ^f n government «** «'''^7"' \;" \,f anilorifiinally granted by the Tract of tu-dvc hundred '^^ «^ "^J. j^^^, ^M^rgaret Kerhy ; then, Crown to AhrahamKonnedy^Sm t^m»^^^^^ eightc^ams south, twenty-sevendegretsil ry n ^^^j ^f ^^^^^^ H. i 118 Kennedy Smiih and Margaret Kerby ; then, south, twenty-seve decrees thirty minutes west, one hundred and eight chains, more or less, along the western limit of the said lands to th< Grand River ; then, across the Grand River obliquely wit the stream in an easterly direction, and passing south ottli large Island, about thirty chains, to the limit between the tar lands of Thomas Mair and the north part of the Brant larm "^ of the «'^';\^^^, 1 ^including the s^naU Isl^" ^^^ u -^^^^^ T^own ot which a block ^-- ^Xlr by any of the Ihesatd lown on j^gtnrou^i respectively, Ef J^^^^^./ng portions of the ^^^^^r^ward to comprise aUth^P^^t::;! The said Centre W ^1^ f Jf ,^,e ^^f n Inlf of the east Town known as 1» « ^^j;^^ .^d of the front hnU ^^^_ Township lot n;i") ;7J^; u.l number ^^^J^';" r^ame res- half of the smd 12^1 .foresaid, cxten(hn| in .^^ Law- ccssion of Ehzabetbtown ^^ ^^^^ ^.^^o. luve .^^^^ pectively to ^y^Xl^^i^ of the ^-^^^[//if front of the Uce, together v>th ^ M ^ .^^ water as s»n . of tho said water's edge, ^j. .^.e said Town which hes to the ^^^^^ p^^^ ,f the said Town wlwh liese* 1^? , ^i, rt AWCMJVW) 'm' ibH 120 4. Bytmun— To consist of all that part of this Provincelsoutb, seventy situate within tlie County of Carleton, and lying within theltwenty-one, m degrees east, • edge, to the pi The said Ti respectively, i The said S said Town w The said E Town which numbers six and The said said Town ' lots number G. Corn situate witl following I Compris served and with the \ and the hi The sai respective to compri tively, th The S5 Town ^ limits of The s Town '^ boundai The that is to say '? " jncing at the waters of the river Rideau on the line] whi Jivides io*^s E and F in concessions D and C, and thence,] in a continuous direct line, across lot number forty, to the side- line dividing lots numbers thirty-nine and forty ; thence, fol- lowing the said line northerly in the first concession to the line dividing concession A and the first concession, and in concession A embracing the whole of the broken lot number thirty-nine to the river Ottawa, including all tlie islands down to the southerly end of the chain bridge ; thence, following the waters of the Ottawa in the centre of the channel to the western branch of the waters of the river Rideau ; thence, against the stream up the river Rideau to the place of begin- ning. The said Town to be divided into three Wards to be called respectively East Ward, Centre Ward and West Ward, and to comprise the following portions of the said Town respec- tively, that is to say : Lower Bytown shall comprise that portion of the said Town which lies easterly from the Rideau Canal, and shall consti- tute two Wards by the names of East Ward and Centre Ward. The said East Ward to comprise all that portion of the -said Lower Town which lies east of the centre of Dalhousie Street, so far as the said street is now opened, and thence in a direct line produced from the centre of the said street until it intersects the limits of the Town on the south. The said Centre Ward to comprise all that portion of the said Lower Town not included in the East Ward. The said West Ward shall comprise all that portion of the said Town which lies westerly from the Rideau Canal, and which shall constitute Upper Bytown. 5. Cobourg. — To consist of all that part of this Province situate within the County of Northumberland, and lying within the following limits, that is to say : Commencing on the Lake shore, at the south-east angle of lot number fourteen, in concession B ; thence, north, sixteen degrees west, to the centre oi the first concession ; thence, of the August mentit 7. . siluatt follow ' i«P^^Sf" 'ik^ f^'M'\ is Provincel within the on the line , and thence, , to the side- thence, fol- ision to the sion, and in lot number slands down e, following annel to the ?au ; thence, ice of begin- ? to be called it Ward, and 'own respec- le said Town shall consti- and Centre »n of the said )i Dalhousie d thence in a street until it )ortion of the 1. portion of the i Canal, and this Province d, and lying i-east angle of lorth, sixteen sion ; thence, 121 I , .ntVie centre of lot number and . oi\ that portion of the • 1 vvp.t Ward to comprise all J^ai I ^ between lots numbers s«teen and seven ^^ ^^.^ ,«\fStn' *T''co:r;of s:;l™ont!and lying -""» *» with the parcel or tract ot u b and the harbour. three Wards, to be called limits of .be .aiJ Town. „t „,e said lrdar;'::c".l:sai.n'ow„ ^ ana .,. ,^ Augustus street, and noi Mentioned Wards. ^f tVis Trovince , T.i cons st of all thai pt -^^jj^ the '• ^nS'^^ County of Halton, and l)in, situate w>t yn the ^ / . following limits, that IS I j 122 Commencing on the division line between the property o Georcre Rolph, Esquire, and the property of the late Harker Lyon's, on the York road ; thence, following the said road, westerly, to the road leading up the mountain to John Keagy's, the younger; thence, in a straight line by compass to a monu- ment within a few feet of the site of the old oat-meal mdl ; thence across the creek or stream to a stone monument placed at the distance of five hundred feet from the west bunk thereof; thence, following the said creekor stream at a distance through- out of five hundred feet from the west and south bank thereof; to where a stone monument is placed south of Mr. Ewart's mill-dam ; tlience, running in a straight line to a stone monu- ment placed on the boundarv line between the property owned by John 0. Hatt, Esquire, and the estate of the late Manuel Overfield ; thence, to a stone monument placed on the boun- dary line between the property owned by Thomas Hatt and the said John O. Hatt; thence, along the said boundary line to a stone monument placed it South Street; thence, following South Street till it intersects East Street ; thence, descending the hill in a northerly direction till it intersects the Governor's road ; thence, following the said road, easterly, to a stone monument placed in a line at right angles with the place of beginning ; thence, along the said line to the place ot begm- The said Town to be divided into four Wards, to be called, respectively, Mountain Ward, Canal Ward, Foundry Ward and Valley Ward, and to comprise the following portions of the said Town respectively, that is to say : The said Mountain Ward to comprise all that part of the said Town commencing on the Sydenham road at tl e northern boundary of the said Town ; thence, running along the said Sydenham road until it intersects King Street ; thence along the said King Street in an easterly direction until it intersects Main Street ; thence, along the said Main Street until it intersects Baldwin or Flamboro Street : thence, along the same to the Basin of the Desjardins Canal ; thence, along the said canal until the eastern boundary or limit of the said Town is intersected ; thence fobowing the said eastern boundary to the northern boundary line of the said Town ; thence, following the same to the place of beginning. The said Canal Ward to comprise all that part of the said Town, commencing on King Street at a post planted between the lands owned by Orlando Morley and John Walker ; thence, punning south thence, along th Ithe Desjardins ICanal in a we; i(Coote's Parai Street to Main a northerly dii lalong the said The saidFo (Town, commt ]the lands ow thence, along 1 Peel Street ; thence, west£ sects the wes the western boundary be seated : ther The said Town, con 'Town on t western Vm few feet of the stream of five bv along the monument thence, aV sected ; tV along Kii ham Roa 8. Go situate v follow in{ Comr Road p thence, Pier ol Pier an the wei said 8c along [ Mlkiita iliif'" property oL ite Marker ! said road, n Keagy's, to a monu- Tieal mill ; lent placed nk thereof; ce tlirough- nk thereof; r. Ewart's tone monu- erty owned ate Manuel n the boun- [att and the lary line to !, following descending Governor's to a stone he place of e of begin- to be called, ndry Ward, portions of part of the tl e northern ng the said eet ; thence ection until said Main •o' Street : I Desjardins 3rn boundary •e following [lary line of he place of of the said ited between Iker ; thence, 123 Lnnln. south to the -utbern bounda^^^^^^^^^^^ Eralong the said bounda^^^^^^^^^^ ,,e sa.d he DeVd'n^ ?^?!\u ectTon undl East Street is intersected IPnnal in a westerly direcuou u T3„Uwin or Flamboro ?Coote's Pa.adise) ; thence, ^^^g ^^^^^^^^^^ Main Street m Puo Main Street -the^^^^^^^^^^ S, ,,, , ,,ence, a northerly direction 11 It J^^^^^^^ ^^g.^„,„g. along the saul King street to t P ^^ ^^^ ^^.^ ThesaidFounc^yWaultoco.^^^^ fetS!ltc«S^ rhenceNvesterly, along the sad Jam^^^^ ^^^„,e, along sects the western boundary "fj^^^jthe said town untd he fwestern and -uU^ern bound^.y ol^^^^^ ^^^^ boundary between faf^^ ^^^^, ,f beginning; and ,ected : thence, northerly, 1 ^^ ^^^^ ^^.^ The said Valley WanUoco.pr.e all that ^ ^^ Town, commencing at t^e J"^* ^^^ f^^owing the north- Town on the Sydenham Road then ^ ^^^^^^^^^^ ^^^,^,, -^'"''i-"?St'r=" "o"S*nl,am Uoad ; *enco, along .yden the west \.n..t V,f '"liver MaiHan*,;. thf^'j,.^', to the r4t^:u^trcc^•-Hof^vcu,..-st.e l\ 124 crown of the Hill ; thence, easterly, along the crown of the said Hill, following the several windings thereof, to the east end of Gloucester Terrace ; thence, southerly, along the eastern limit of the River Maitland, until it intersects the south-easterly limit of Britannia Road ; thence, south-easterly along the south-east limit of Britannia Road to an angle thereof; thence, due west, along the south limit of the said Britannia Road to the place of beginn'ng. The said Town to be divided into Four Wards, ttjbe called respectively Saint George's Ward, Saint Patrick's Ward, Saint Andrew's Ward, and Saint David's Ward ; and to comprise the following portions of the said Town respectively, that i,;; to say : The said Saint George's Ward to comprise all th.it part of the said Town which lies northward of the centre of West Street and westward of the centre of North Street. The said Saint Patrick's Ward to comprise all thai part of the said Town which lies northward of the centre of East Street and eastward of the centre of North Street. The said Saint Andrew's Ward to compiise all that part oT the said Town which lies southvard of the centre of West Street and westward of the centre of South Street; and The said Saint Davi(''s Ward to comprise all that part of the said Town whicii lies r-.,athward of the centre of East Street and eastward of the centre of South Street. 9. London., — To'consist of al! that part of this Province situate within the County of Middlesex, and lying within the following limits, that is to say ; All the lands comprised within the old and new surveys of the said Town, together with the lands adjoining thereto, lying between the said surveys and the River Thames, producing the northern boundary line of the new survey, until it intersects the north branch of the River Thames, and producing the eastern boundary line of the same new survey, until it inter- sects the east branch of the River Thames. The said Town to be divided into Four Wards, to be called respectively Saint George's Ward, Saint Patrick's Ward, Saint Andrew's Ward, and Saint David's Ward, and to comprise the following portions of the said Town respectively, hat is to say : The said I the said To 1 continuation The said ! ' the said To' 1 George's W; The said ! I the said 'i'ov i Patrick's W The said the said To\ 10. Niai situate wit! following lii Commenc Lake Ontai line of Nia; eastern limi deceased, i west angle to where tl Dickson a contact ; th limds of th Niagara ; the place c The saic respective I Saint Patr W;tro, am Town res{ The sai the said T called Ki Niagara, Mr. Wall the Westc The sa the said forming t south of Dwn of (he to ihe east , along the tersects the uth-easlerly » an angle •f the said to be called iik's Ward, ird ; and to Bspectively, th.it part of re of West thai part of litre of East t. that part of re of West Street; and that part of Ire of East is Province ; within the V surveys of lereto, lying !, producing it intersects oducing the [itil it inter- to be called ck's Ward, ird, and to espectively, 125 I The said Saint George's Ward to comprise all that part of I the said Town which lies north of the Northern Line and 1 continuation of Hitchcock and Duke Streets. I The said Saint Patrick's Ward to comprise aP that part of [the said Town which lies between King Street and Saint George's Ward aforesa'd. i The said Saint Andrew's Ward to comprise all that part of I the said "iown which lies between Horton Street and Samt [ Patrick's Ward aforesaid ; and The said Saint David's Ward to comprise all that part of the said Town which lies south of Horton Street. 10 Vifl°-£/m— To consist of all that part of this Province situate \vithin the County of I incoln, and lying within the following limits that is to say : Commencing at Missisagua Point ; thence westerly, along Lake Ontario to Crookston ; thence, along the rear or Town line of Niae lands of Garret Slinger'nnd, to the north- west anale of the lands of John Eccleston ; thence easterly, 10 where the lands formerly owned by the Honorable William Dickson and the late Martin McJ.ennon, deceased, come in contact; thence, easterly, along the ncrthern boundary of the l,nds of the said Martin McLennon, deceased, to tlie River Niagara ; thence, northerly, down the said Niagara River to the place of beginning. The said Town to be divided into Five Wards, to be called respectively, Saint Lawrenc - Ward, Saint George's Ward, Saint Patrick's Ward, Saint David's Ward and Samt Andrew's Warn, and to comprise the following portions ol the saul Town respectively, that is to say : The said Saint Lawrence Ward to comprise all that part of the said Town which lies south of the centre of the Street c. led Kin^ Street, which runs directly from the River N acara, and commencing at the house now occupied by m" Walter Elliot, or the Lower Ferry, and terminating at the Western limit of the Town. ThP said Saint G Jorge's Ward to comprise all .iiat part of the ^idtwn which lies north of the centre of the Street forming the northern boundary of Sa nt Lawrence Ward, and south of the centre of the next parallel Street. • *m X'-X^* ^^c^ 126 The said Saint David's Ward to comprise all that part of the said Town which lies north of the Street forming the northern boundary of Saint George's Ward, and south of the centre of the next parallel Street. The said Saint Patrick's Ward to comprise all that part of the said Town which lies north of the Street forming the northern boundary of Saint David's Ward, and south of the centre of the next parallel Street. And the said Saint Andrew's Ward to comprise all that part of the said Town which lies north of the Street forming the northern boundary of Saint Patrick's Ward. 11. Peterborough^ — To consist of all that part of this Pro\ince situate within the County of Peterborough, and lying within the following limits, that is to say : Comprising all the lands in the Government Surveys of the present Town of Peterborough, and lying north of Townsend Street, and east of Park Street to the centre of the River Otonabee, as the eastern limit of the said Town, and to the centre of the allowance for road forming the boundary Ime between the Townships of Ivlonahan and Smith, as the northern boundary of the said Town — And divided into four Wards, to be called East Ward, North Ward, centre Ward, and south Ward, and to comprise the following portion of the said Town respectively, that is to say : The said East Ward to comprise all that part the said Town which lies east of George Street. The said North Ward to comprise all that part of the said Town which lies west of George Street and North of Brock Street. The said Centre Ward to comprise all that part of the said Town which lies west of George Street, south of Brock Street and north of Simcoe Street. And the said South Ward to comprise all that part of the said Town which lies west of George Street and south of Simcoe Street, including the Government Reserve south of the said Town. 12. Picton.— To consist of all that part of this Province situate within the County of Prince Edward, and lying within the following limits, that is to say : Commencir distance of fi across the saic four degrees fi limit between north of the ( Lots number! thence, along Bay ; thence Lots numbers east of the Ci to the limit b said Concess Lots in a sou right angles ; thence, in a said Lot nur east side of. degrees twei or less, to twelve degi links ; then fifteen chai west to the Concession eighty-degn line of the s north, eigl chains, mo numbers tv military tra Lot numbe more or le; line to the abovemeni The sai' respective Ward, an respective The sai said Tow The sa Town wl the Bay. hat part of Drming the )ulh of the hat part of orming the uth of the all that part orming the lart of this rough, and rveys of the f Townsend the River and to the undary line the northern East Ward, I to comprise y, thai is to e said Town of the said th of Brock t of the said Brock Street part of the md south of B south of the this Province lying within 127 Commencing on the south side line of Lot letter A, at a i distance of fifty chains from the front of the Lot ; thence, 'across the said Lot, and across Lot number one, north, sixty- four degrees furty-five minutes east, to a post planted on the limit between Lots numbers one and two in the first Concession, north of the Carrying Place ; thence, at a right single across Lots numbers two, three and four in the said Concession ; thence, along the north-east side of Lot number four to the 'Bay ; thence, directly across the Bay to the line between Lots numbers seventeen and eighteen in the first Concession east of the Carrying Place; thence, along the water s edge to the limit between Lots numbers nineteen and twenty in the said Concession ; thence, along the limit between the said Lots in a south-easterly direction, twelve chains ; thence, at ri.rht an<^les across the easterly half of Lot number twenty ; thence, In a south-easterly direction along the centre of he said Lot number twenty, nine chains, more or less, .o the east side of John Street, thirty chains ; thence, "onh eighty decrrees twenty minutes west, fourteen chains lotty links, more or°less, u> the east side of Church Street ; thence, south, twelve degrees forty-five minutes east, one chain s.xty-fivG links • thence, south, forty-nine degrees fifteen mmutes west, fifte n chains' fifty links, thence, south, thirty-two degrees wSto the north-eastern limit of Lot number one in the Concession south-east of the Carrying Place ; thence, north Stv-degrces twenty minutes west, along the north-east side ne of the said Lot number one to the front ot the Lot ; thence, north eighty-seven degrees forty-five rninutes west, sixty chain , more or less, to a post on the limit between Lo^ nSrs twenty-one and twenty-two in the third Concession, li£y tractTthence, along tlie westerly side line of the said Lot nlber tvVenty-tw'o, twent.yfour chains sevent^-fourlm^^^^^ ,r,„ro or less to Lot cUcr A aforesaid ; tlience, in a uireci K to .he place of ot beginning, including the Harbor in the abovementioned boundaries. , „ j The said Town to be divided into three Wards to be called relctivX, Hallowell Ward, Brock Ward and Tecurnseth Ward, ancf 'to comprise the following portions of the said lown, respectively, that is to say : , r a ^ The said Hallowell Ward to comprise all that part ot the said Town which lies west of Bowery Street. The said Brock Ward to comprise all that part of the said Town which lies east of the said Bowery Street and north of the Bay. 1 M 128 And the said Tecumseth Warcl to comprise all that part ol the said Town which lies on the south side of the Bay. 13 Port Hope.-To consist of all that part of this Province, situate within the County of Durham, and ly.ng w.th.n the following limits, that is to say : Composed of Lots numbers four, five, six seven and eight and the east half ..f Lot number nine in the first Concession of ?he Tow' ipofHope, and the broken fronts of the said Lots and S-lot, together with all those parts ot Lots numbers four aSd five in the second concession of the said Township of Hope wUh u!e road allowance between the saul first and second clession'and butted and bounded as follows, that is to say : Commencing in rear of the first Concession at the north-east an^leoXt number four in the first Concession ; thence in a northerly direction, across the said allowance for road, to the ZZel co.ner of Lot number four in (he second Concession ; t ence northerly, along the easterly side of the said Lot n mbe'r four in thL second Concession, fifteen chains : thence weTter v' in a course parallel with the front of the said second Concess on twenty-five chains ; thenco, souther y, ma course paX vtht^^ of Lot number four in the second Session aforesnid, Sixteen chains, more or loss, to the rear line of the first conce'ssion; thence easterly, along the rear of the first Concession to the place of bogmning, and also the water in front thereof to the distance of one-fourth ot a mile into Lake Ontario. The said Town to be divided into U.ree W«rds, to be called, resnectively, First Ward, Second Ward, and Ihnd Ward, anT to comprise the following portions of the saul lown, respectively, that is to say : The said First Ward, to comprise all that part of the said Town which lies cast of the River. The said Second Ward to comprise all that part of the said Town which lies west of the River and south of Walte Strret, continued westerly by Ridout Street, and. bo front or Lake Shore Road to the western limit ot the said lown. And (he said Third Ward to comprise all that part of the said Town which lies west of the River and north of Wake Street, continued westerly by Ridout Street and the ^ud front or Lake Shore Road to the western limit of the said lown. 14. Prescott.' jituate within the following limits, Commencing s kugusta ; thenct [of the first conc( westerly, along the east and wes^ of Augusta afon to the river St. water's edge to to the place of waters of the S and buildings h yards in every present limits < And divide! that is to say All that pi called Centre the rear line < and all that p street called < 15. Saint Province sit within the fi Commenc in the sixtl Charles Rol as now laiil less, crossin limit of th easterly, a the allovva sions ; the of the six nineteen f to llamil more or l' lots numl the aaid a The 8 called r t part ol y- Province,! 'ithin the and eight, cession of said Lots nbers four p of Hope, k1 second is to say : north-east erne, in a ad, to the oncession ; said Lot s : thence, aid second in a course the second to the rear [» the rear d also the ot a mile obu called, lird Ward, aid Town, of the said : of the said » of Walter ho front or Town. part of the h of Walter ho said front aid Town. 129 following limits, that is to say . Township of Commencing at the ««f ;«;,ff^",,"Xre s west to the rear Lgusta; thence, north tweny-fourdeg ^^^^^^^ ^^^^^_ of the first concession o ^^-J^^^^l Jth'e limit between Lesterly, along the said concession u ^^^ ^^^^ concession Lue east and west half «fj«^ J™, '1 twen^ deg^^^^ ^f Augusta aforesaid ; ^^^"^^'^f^^', ^r h-easterly, along the '.^ the river St. Lawrence ; thence u i ^ Township ':^' edge to the --^h-eastern ang^^^^^^^ ,f the ;.ese„n-,rnUs ot the sa,d Town- ^^^^__^,^^ ^^^^^^^ And divWe'l into two "a"", lliat is to say •• , t side of the street Ml that partot the Town on *e east s, ^^^^^ ^ eaM Cent're street, )-d."S ta^^ r«;; *e East Wa.d ; the rear line of the ^f ^own,'. a 1 ^.^^^^ „ „toesa,d and all (hat part of *=J°r X„„„ose the West Ward rtreetcallod Centre st eet, *^"';°™ „f ^„ „„t part o th,s 16. Saint Cathanncs.--T:oco^^\ ^.^^^,^_ ^„j ,j„„g Province sitnate «'' '.'". \ ^1°^ say : within the following '""'"> ™'"'„,„ ^j ,„t number sixteen, Commencing at the north-east angte ol ^^ ^ Hw sixth concession, to the lim t " ^^ ^^^^ road nineteen and twenty; ^^-^:^;,rc''norttsl^ty degrees east^^ r Hamilton, five .c^-"; ' f ^ ^u^wance for road between Ire or less, until it ^"^0 ec s the ^^^^^^^^^^ ^ ,^^^,^ long Tots numbers -'^^^^rlrlsso the place of beginning, the snitl allowa.xe, more or uss i Wards, to be The said Town t'>^;f-'irWar^, Saint George', called respectively, Saint ^ (O It- 130 Ward and Saint Paul's Ward, and to comprise the following portions of the said Town respectively, that is to say : The said Saint Thomas' Ward to comprise all that part o^ the said Town which lies within the following limits : Commencing at the south-westerly angle of the said Town thence, north, until it intersects the allowance for road be- tween the sixth and seventh concessions of Gran liam ; thence, north, sixty-five degrees east, along the said allowance to the Welland canal ; thence, down the said canal, to the northern and western limit of the Welland canal lands ; thence, easterly, across the said canal, until it intersects the main road at the north-western boundary of the said Town ; thence, north- easterly, along the said boundary until it intersects Ontario street ; thence; up the said street until it intersects Saint Paul street- thence, somberly, on the said street until it intersects the concession line between the sixth and seventh concessions ; thence, north-easterly, on the said line unt. it crosses the Welland Canal ; ti.ence up the said Canal until it intersects the eastern boundary of the said Town ; tbence, south, on the said boundary, until it intersects the south-easterly angle of the said Town ; thence, north-easterly, to the place of beginning. The said Saint George's Ward to comprise all that part of the said Town which lies within the following limits : Commencing at the corner of Saint Paul and Ontario streets ; thence, down the boundary of Ontario street to the north- westerly boundary line of the said Town ; thence, north* easterly, on the said boundary to the north-east angle of the said Town ; thence, south, until it intersects Saint Paul street ; thence, up the said street to the place of biginning. And the said Saint Paul's Ward to comprise all that part of the said Town which lies within the following limits: Commencing at the intersection of Saint Paul street with the eastern boundary of the said Town ; thence south, until it intersects the boundary of Saint Thomas' Wanl on the Welland canal ; thence, down the said canal until it intersects the line between the sixih an.l seventh concessions ; thence, north, up the said concession line until it intersects Saint Paul street ; thence, westerly up the said street to the place of beginning. I. HftTiiHon.- of all that part o Wentworth and say •• Commencing in the Townshi] thence, followin in a southerly tl the said Towns sion, westerly, numbers twent in a northerly said lots numb Marsh at the southerly and of Burlington lington Bay, road allowan( front of the ! The said < above descril Commenc in the Town thence, foil twelve, in a cession of t said concc between h Township said line \ one until i thence, al< marsh, to southerly including and the li The SP respoctiv Saint L Mary's said Cit; -■''■■■ 1 ' 131 C. id Town r road be- 1 ; thence, ince to the 3 northern B, easterly, oad at the ce, north ;ts Ontario Saint Paul t intersects »ncessions ; crosses the tersects the th, on the y angle of 3 place of SCHEDULE of MUhat F^«Vt "^S^hTfoUowing limits, that ,s to jWentworth and lying withm ,i„rhe Township of B»f "uve* loTs numters ten and e even Lnce,foUowinsttel'"«''»f^f " , „{ the Ihiril concession of ihat part of its : irio streets ; ) the north- nee, nortln ingle of the Paul street ; • II that part limits : street with south, until ^ird on the it intersects )ns ; thence, rsects Saint to the place front of the said City. ^f the tract of land ^^he said City to consist^^o^^^^^^^^^^^ above described, lymg wUhm the »oi = ^^^^^ ^^e, cession of the saul lownsn p intersection of the r "r'lir*-''-'^ 'f .-ft "See" alTng the *°"rh ■ "the waters ot B'tri'"^';'" „'^, „ 'tee of beginmng, riV. V'^'" If ",; 'a ! w:?eralo„g''.he sa-,a boundary, '^ttat:tt;:rof.hesa^c;.^^^ ^^^ The said City to l^j;:rwr.;;saint Patnci^s ^^^^^^ 132 1 'I The said Saint George's Ward to comprise all that part of the said City which lies sonth of King Street and west of John Street. The said Saint Patrick's Ward to comprise all that part of the said City which lies south of King Street and east of John Street. The said Saint Lawrence Ward to comprise all that part of the said City which lies north of King Street and east of John Street. The said Saint Andrew's Ward to comprise all that part of the said City which lies north of King Street and between John and MacNab Streets. And the said Saint Mary's Ward to comprise all that portion of the said City which lies north of King Street and west of MacNab Street. And so much of the liberties of the said City as are adjacent to the respective Wards shall be attached to the same respectively, and the limits between the respective portions of tlie said liberties hereby attached to the different Wards of the said City be c;scertaiued by the extension of the boundary lines bet^veen the said Wards lespectively through the said liberties. 2. Kingston.— T\\Q City and Liberties thereof to consist of all that part of this Province situate within the County of Frontenacand lying within the following limits, that is to say : Commencing at the water's edge on Lake Ontario in the direction of the lipe between lots number twenty and twenty- one in the first Concession in the Township of Kingston ; thence, in a direct line to the second concession of the said Township of Kingston and across the road, between the first and second concessions to the south-easterly angle .•-• ' , Township oi ri---s . . . fc Tfrom 0.^ said »'"!';"''J'„'"^„^ L place of bcgmnrng- tSncc, woslerly, ... a ' S' ' " ^l s3VC.> WarcU, to be oa\M, The said City to be <1'-1^ /"^^^'ward, Sai"' Law'cnce ttspeclively, Syde..bam W"' ^ U" ^„,| n„leau Ward, and Ward, Fro.>t«,ac Wanl, C'^,';;,,,, f^„„^,.,„g p„n,ons ot tbe ':^^::^^ "- 'v:;:'.^,. ., t,.at pan of .be 'Co To'i: t^-^ ^^ ""^ .„ .bat part of tbe said Tbe said Saint Lawrence W„d.^^_^ J ™»1Tp " e- street through the centre the said City. /o [ARCHIVVS li The said Calaraqui Ward to comprise all that part of the said City which lies eastward and northward of a line drawn from the foot of Princess Street through the centre of the said Street to Montreal Street; thence, through the centre of Montreal Street aforesaid and across the artillery Reserve, to the present travelled road known as the " Montreal Road ;" thence, through the centre of the said Road to the limits of the said City. The said Frontenac Ward to comprise all that part of the said City which lies northward of the last mentioned line, running through the centre of Montreal Street and the Mon- treal Road toihe City limits, and northward and eastward of a line extending from Montreal Street (where it intersects Princess Street) through the centre of Princess Street, . ^he limits of the said City. The said Rideau Ward to comprise all :hat part of the said lot number twenty-four, lying on the north side of the continua- tion of Arthur Street, through the said lot in a direct line to the Concession Road between the first and second concessions of the said Township of Kingston. And the said Victoria Ward to comprise all that part of the said lot number twenty-four lying on the south side of the said continuation of Arthur Street aforesaid. And so much of the Liberties of the said City as are adjacent to the respective Wards, shall be attached to the same respectively, and the limits between the respective portions of the said liberties hereby attached to the dilferent Wards of the said City, be ascertained by the extension of the boundary lines between the said Wards respectively and through the said Liberties. 3. Toronto. — The City and Liberties thereof to consist of all that part of the Province situate in the County of York, and lying between the following limits, that is to say : Commencing at the distance of one chain, on a course, south, sixteen degrees east from the south-westerly corner of lot number two,^in the first concession, from the Bay in the Township of York, in the County of York ; thence, southerly, in the direction of the side line between lots numbers two and three, in that concession, to the distance of five hundred feet from the point at which the said line intersects the margin of the water on the shore of Lake Ontario ; thence, westerly, through the waters of Lake Ontario, following the direction of the curvatures of the shore, and keeping always at the idistance of five 1 the point is att Inorlli-westernmc the harbor ; the point where a 1 corner of Park of York, in the said Park lot, i of Lake Ontav said line so dr through the sa drawn through line of the aU( second concesi thence, easier said allowanci of the River on the easteri said water's allowance fo thence, east< allowance fo place of bej; The said land above d to say •• Commenc seventy-foui lot number south, sixto ance for I^ the water' westerly, a at which t' Park lots I of York, I edge; lli« limit of t hundred y Street ; easterly ^ Park lo degrees allowanc rtof the le drawn the said centre of 2serve, to Road ;" s limits of rt of the jned line, the Mon- istward of intersects !et, I the f the said continua- 2Ct line to oncessions lart of the of the said ty as are led to the respective 3 dilTerent sion of the ively and ) consist of i of York, a course, corner of Bay in the southerly, rs two and indred feet ! margin of , westerly, lirection of ays at the 135 Listance of five hundred feet from the margin^^^^ the wa^^ ^ the point is attamed, y^^.'j^ ^'j^i^^d or Peninsula, formmg Lorlh-westernmost P^'"^ "^ J^' ^,y or harbour of York, to a 'the harbor ; thence, f^'^'^'^Uy from the north-easterly point where a Ime, drawn ^^^^'J in the said Township Corner of Park lot number /^f ^'^ ."^I'/^oundary line of the of York, in the direction of ^^^^ ea^te': y J^ ^^^ ^^^^^ aid Park lot, intersects the margin of the w ^^.^^^^.^^ of Lake Ontario; ^^^^^^^^^a f^^'^^^^ "^ the said Park lot said line so drawn from ^^^e said cor ^^^ ^^.^ ^„ through the said corner, *« ^he p°mi a ^^^^^^ drawn through the ^-^\^^^'^J'^'Z^^^^ Park lots and the line of the allowance ^^^"^^ ^"f^ ^f ^'^Laid Tow^^^^^ second concession rom he ^^X ^n ^^^^ ^^^^^ary line of the thence, easterly along f ^/^ f^";;;';^; ^hore or water s edge said allowance for Road, to ^^e ^ ;,i„ng the water's edge, of the River Don ; thence, ^^tberiy, a b ^^^^^^ ^he on the eastern side of tbe^^'^^^SerW boundary line of the said water's edge intersects he southerly ^^^ ^^^^ concession; allowance for Road, •" ^^^^^^^^ ^r boundary Vine of he place of beginning— ^^ tl,e tract of south, sixteen degrees «f ' "l^^^^^'^^^bers two and three to «nre for Road between Park lots nuu . ^^^^^^^^ h \i:ter'sedgeof t^- ^^^ ^ \be tid Bay toShe point westerly, along the water^s «^ ^^ ot t" ^^^^^ ^^ r which the westerly limit of f^« «"^^^^^^^ ^he said Township ^P^^k lotsnumberseighteenan^^^^^ ,be said water's of York, being produce ^""t^; f, ..^ion of the said weste I) edge; thence, n^^^h''-' ..for road to the distance of four Sit 'of the said f^»7^,f;;J .e 'y b«""^^'^^y ^'"^ " ?"ihe hundred yards north of he nortliery ,^ Street ; thence, easterly, F""^";' '^ J^ for Road between Sy b""n^^«^y ^'"" '^ file thence, south, sixteen Ck\ts numbers two «;;i^^^^Uiy^ine the sa^ aegrees east a^ong the east^erly^ ^^^^^^ ^^^^ ^^ ,,,3, to the allowance tor Roan, wu « .J if 136 place of beginning. And the remainder of the said tract, t constitute the Liberties of the said City. The said City to be divided into six Wards to be called respectively, the Wards of St. James, St. David, St. Law- rence, St. George, St. Andrew and St. Patrick, and to com- prise the following portions of the said City respectively, that is to say : The said Ward of St. James to comprise all that part of the said City, lying between the northerly boundary line of King Street east, the westerly boundary line of Yonge Street tiie easterly boundary line of Nelson Street, and the northerly boundary line of 'Queen Street east. The said Ward of St. David to comprise all that part of the said City Iving to the eastward of the westerly boundary line of Nelson Street, and to the north of the northerly boundary line of King Street east. The said Ward of St. Lawrence to comprise all that part of the said City lying to the southward of the northerly boundary line of King Street east, and to the eastward of the westerly boundary line of Yonge Street. The said Ward of St. George to comprise all that part of the said Citv, lying to the souihward of the northerly boundary line of King Street, and to the westward of the westerly boundary line of Yonge Street. The said Ward of St. Andrew to comprise all that part of the said City lying between the northerly boundary line of King Street cast and (he northerly boundary line of Queen Street east, and west of the westerly boundary line of Yonge Street. And the said Ward of St. Patrick to comprise all that part of the said Citv lying to the north of the northerly boundary line of Queen Street west, and west of the westerly boundary line of Yonge Street. And so much of the Liberties of the said City as lies to the southward and eastward of the St. Lawrence Ward, shall be and is herelty attached to the St. Lawrence Ward, so much thereof as lies to the northward and eastward of the St. Davu s Ward, shall be and is hereby attached to the said St. David s Ward; so much tl- .>;of as lies to the northward of the said St. James's Ward, shall be and is hereby attached to the said St. James's Ward ; so much thereof as lies to the southward and westward of the St. George's Ward, shall be and is here- y attached to th( [wliestothe wes and is hereby atte much thereof as 1 Prtiick'sWard, 8,. Patrick's Wj ol the said L\bei the said City boundary lines the said Libert portions hereby I hereby attached of the northerly Don. printed by i . LawP ■^ mmwn wmm^mM \ tract, t| be called 3t. Law-1 J to com« pectively, )art of the e of King (treet, the, northerly at part of boundary northerly .137 E lies to the westward of the ^ ' f T^ , ^^,g Ward ; and so ' nd is hereby attached to t;»--;^^^^;;d"e^^^^ of the St nn^ch thereof as lies to the nor b^^^^^^^^ ,^^ sa.d Patrick's Ward, «^«^\^t ^^. \ ^een the respective portions S- Patrick's Ward ; the limits Detwecu i ^ .^s of , the sS Libert^^^^ of the tbe said City being ^^S Wards respectively, tbrougb k^ndary Vines between the s^lW a 1 ^^ ,^ the said Liberties, except ^^^^ ^^^'^^J^.e Ward, and that portions hereby attached to the btUiw ,y,,^uonsist b^:^ rllda^y I'n^King St'reet east to the K.er Don. hat part of ,' boundary le westerly hat part of y boundary e westerly hat part of lary line of I of Queen e of Yonge 1 that part y boundary y boundary J TORONTO . 1 lies to the d, shall he d, so much St. David's St. David's of the said to the said e southward and is bere- *■