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 REVISED BY-LAWS 
 
 
 !•?■=* 
 
 OP THE 
 
 MUNICIPAL COUNCIL 
 
 OF THS 
 
 TOWN OF WHITBY. 
 
 ■». 'V.-'k.'W^w^ 
 
 JOHN HAM PERRY, MAYOR. 
 
 WHITBY, C. W. : 
 
 PRINTED AT THE TTrOGRAPIIICAL ANI> DESIGNING ESTABLISIIiLENT 
 OF MESSRS. IIIGGINS & MAYEKIIOFFER, BROCK ST. 
 
 1859. 
 
REVISED BY-LAWS 
 
 OF THE 
 
 MUNICIPAL COUNCIL 
 
 OF THE 
 
 TOWN OF WHITBY. 
 
 ^ • m 
 
 BT-LAW No. 1. 
 {Eepeakd) 
 
 BY-LAW No. 2. 
 
 {Repealed) 
 
 r-i 
 
 ■-^ mt^M. ' j i><rmK7m»'!mv , 
 
H 
 
 BY-LAWS. 
 
 BY-LAW No. 3. 
 HepecUed. 
 
 ^ BY-LAW No. 4. 
 
 Passed 17th February, 1855. 
 
 1. That no person shall ride or drive any horse or horses, or 
 other beast through any of the streets, squares, lanes or thorough- 
 fares ot the town at an immoderate pace ; nor shall suffer the 
 same to run at large ; nor to stand in any such place without be- 
 ing sufficiently secured or tied to prevent its running away. 
 
 2. That no person shall drive any description of sleigh, within 
 the limits of the town, without having one or more bells affixed 
 to the harness of the horse or horses drawing the same ; and 
 that no person shall lead, ride, or drive any horse or vehicle on 
 any side walk, except to the entrance of a gateway, nor suffer 
 the same to remain there ; and no person shall place or fasten 
 any horse or horses in such a way as that the reins shall form an 
 obstacle in the free use of the side-walk ; or keep any horse or 
 vehicle standing upon any cross-way for foot passengers over 
 any street or thoroughfare. 
 
 3. That all persons requiring access to the premises over any 
 of the plank sidewalks of the town for waggons, carts or sleighs, 
 shall make a cross-way for the same at their own expense, under 
 the direction of the Chief Constable. 
 
 '1. 
 
 -^«,«.i.,a;.^g.Aa»-^tjgy^j|j„ 
 
BY-LAWS, 
 
 4. That no person sliall be allowed to use a wheel-barrow, 
 handcart, sloigh, or waggon on any ot the public side-walks of 
 the town ; vehicles, used lor the airing and health of children 
 only excc^ited. 
 
 5. That no person shall place, or cause, or permit to be placed, 
 any cask, ])ackage, furniture, waggon, cart, or other vehicle, or 
 other article, or filth of any description, in any street, or on any 
 side-walk, so as to discommode or obstruct the free passage or 
 use thereof; and parties concerned shall be bound to remove 
 any such article within 24 liours after notice from the Chief 
 Constable. 
 
 6. That no person shall place, or cause, or permit to be placed 
 any material for builduig on any pavement, side- walk -or cross- 
 way, and every person engaged in repairing any house shall 
 keep strong and suificient scaffoldings to i»revent mjury to foot 
 l)a.ssengers, and all openings or excavations sufficiently secure to 
 prevent such injury; and shall, during the time of erection or 
 repair ot any such building, cover the pavement or the sidewalk 
 with good and sufficient plank to protect the same from injury ; 
 and should it be found necessary for a limited time to remoye 
 the plank side-walk, after permission is granted by the Chief 
 Constable so to do, the same shall be restored to its former 
 state at the expense of such person erecting or repairing such 
 house. 
 
 v. 
 
 That no person shall be permitted to occupy Avith building 
 materials more than one halt of the breadth of the street, dud in 
 case of buildings being erected or repaired opposite each other, 
 more than one third of the breadth of the street, and that only 
 opposite their respective premises or sites of the building being 
 erected or repaired, and then only during such time as may bo 
 
 ( 
 
BY-LAWS. 
 
 indispensably necessary from time to time for carrying on or 
 or completing the work. 
 
 8. That before placing any such building materials or other 
 article, or excavating any earth or stone, in the public streets, 
 squares, lanes, or alleys of the town, the person so doing shall 
 first obtain permission ot the Town Council, certified by the 
 Chief Constable, which permission shall state the time which 
 the street, &c., shall be so occupied ; and that while such build- 
 ing materials, &c., are so occupying a portion of any street, they 
 shall be enclosed by a strong fence at least four feet high ; no 
 wood or stone shall be allowed to be manufactured in any of the 
 streets, squares, lanes or alleys of the said town. 
 
 9. That every person, who in the excavation of any cellar, 
 area, drain, pit or well, find it necessary to deposit the earth or 
 rubbish therefrom on the streets, squares or lanes of the town, 
 shall remove the same as last as it is dug out or excavated, or 
 on notice from the Chief Constable, and shall put and maintain 
 for the space of six months, the street, tfec, on the same level as 
 before, and in case of the gravel being removed in the course of 
 the operation, the same shall be restored ; and in case of an ex- 
 cavation shall enclose or secure the same from the commence- 
 ment to the completion thereof; and no person shall have unco- 
 vered or uninclosed any cellar, area, drain or other excavations 
 whatsoever, whether now, or hercafler to be made, upon any 
 lot or parcel of ground, whether occupied or not, or on any of 
 the streets, squares, or lanes of the town, so as to endanger the 
 safety of passengers. 
 
 10. That every occupant of a house, or proprietor otan unoc- 
 cupied house, having cellars or areas opening upon any street 
 or thoroughfare shall secure and maintain such openings with 
 strong and sufficient sidewalk trap-doors on a level with the foot 
 
 ft-riV iirmih'Jtirlilgfti 
 
BY-LAWS. 
 
 lioc- 
 reet 
 nth 
 foot 
 
 pavement, and subject to the inspection and approval of the 
 Chief Constable, or such officer as the Council may appoint for 
 the purpose, and all such doors and openings shall be kept shut 
 except for immediate use, and that only by day-light. 
 
 11. That no person shall excavate for any drain in any of the 
 streets, squares, or lanes of the town, without first having ob- 
 tained the consent of the Council thereunto, and having first 
 paid the charge for frontage or drainage which is now, or which 
 hereafter may be imposed by the said Council ; or if such excava- 
 tion shall be begun it may be stopped by any member or officer of 
 the Council until the said permission be obtained, and the charge 
 for frontage or drainage be paid ; all such excavations and the 
 forming a connection between such drain and any common sewer 
 now made, or which hereafter may be made, shall be done under 
 the inspection of the Chief Constable or such other officer as the 
 Council may appoint for that purpose. 
 
 12. That no person shall cart, or throw, or cause to be carted 
 or thrown into any of the grates, drains, or sewers of the town, 
 any wood, stones, filth, or other substance which may obstruct 
 or prove injurious to the same. 
 
 ] 3. That no person shall erect any sign or post, or plant any 
 tree, or erect any awning in any street, without permission first 
 obtained of the Council ; and the owners of any of the foregoing, 
 now erected,shall remove the same within two months after being 
 notified to that eftect by the Chief Constable, and that any person 
 injuring, destroying or removing any sign, post or tree, or other 
 property placed or planted on the street, or on the side of the 
 street by lawful authority ; or shall injure or destroy any of the 
 sidewalks or crossings laid down ui any of the streets, squares, 
 or lanes of the town, shall, on conviction, have such a penalty 
 imposed as this Act allows. 
 
 mtmE¥<f: 
 
m 
 
 8 
 
 BY-LAWS. 
 
 14. That the occupant or person in possession of every house, 
 building, or lot, shall cause the sidewalk opposite his house, 
 building, or lot, to be proi)ei"ly swept and cleaned when neces- 
 sary as i'ar as the outer edge, free from obstruction by snoAV, 
 dirt, or other incumbrance. 
 
 15. That no person shall play at any game ot shinty or ball, 
 or at any other sport Avith a ball, or tiy a kite, or play at quoits, 
 or pitch and toss, or throw any stones, snow balls, or other 
 missile on any of the streets, squares, lanes, or sidewalks of the 
 town. 
 
 IG. That no person shall stick or fasten any placard, card, or 
 advertisement, to any building, gate, door, fence, or Avail, Avith- 
 out the permission of the owner or occupant of the j)remises. 
 
 17. That if any building, hereafter to be erected, shall project 
 beyond the range of tlie street, as may be laid down by an officer 
 of the Town Council, and approved of by them,the person erect- 
 ing the same, or causing the same to be erected, shall, Avitliin 
 three days after notice is given to him by an officer of the Town 
 Council empowered so to do, shall cause the said building to be 
 removed to the proper range as aforesaid, under a penalty of £5 
 for every twenty-four hours that the said building shall be con- 
 tinued beyond such range. 
 
 18. That it shall be the duty of the Chief Constable, to give 
 notice to the parties offending, or to the Mayor or Magistrate 
 having jurisdiction in the town, as the case may require, of any 
 obstructions, nuisance, <fec., existing in the public streets, squares 
 or thoroughfares in the town, contrary to law, in order to tlie 
 proper removal of the same or the punishment of the oftender. 
 
 19. That it sliall not bo lawful for any person to disturb, bin. 
 dor, molest, or Ill-treat the Chief Constable in the performance 
 
 1 
 t 
 
 I 
 
 1] 
 
 V 
 f( 
 
 fi 
 
BY-LAWS. 
 
 9 
 
 ot any order of the Town Council, or of his duly as required by 
 this Act. 
 
 '20. That any person who sliall be guilty of any infraction of 
 any of the provisions of this Act, sliall, upon conviction tliereof, 
 before the Mavor or Mamstratcs having jurisdiction within the 
 town, be fined for each ottenco, unless when hereinbefore 
 provided, in such sum not to cxcetd five pounds, nor less than 
 two shillhigs and six-pence, besides the costs, as the Mayor or 
 3Iagistrate as aforesaid shall deem proper ; which fine and costs 
 maybe levied of the goods and chatties of such oft'ender, or such 
 persons shall be imprisoned in the Gaol of the County of Ontario 
 for a period not to exceed thirty days, unless the amount of such 
 line and costs be sooner paid. 
 
 (Signed) 
 
 JAMES ROWE, 
 JIui/or. 
 B. YAllNOLD, 
 
 Clerk. 
 
 give 
 istrate 
 )f any 
 
 narcs 
 to the 
 ider. 
 
 b, hin- 
 uiance 
 
 BY-LAW No. 5. 
 
 {Uepeiiled) 
 
10 
 
 BY-LAWS. 
 
 BY-LAW No. 6. 
 
 lojacilitate the JRemoval and Suppression of Nkdsances. 
 
 Passed 17th February, 1855. 
 
 Be it enacted by the Municipality of the Town of Whitby, 
 and it is hereby enacted by the authority ot the same. 
 
 That the Council on the receipt, or as soon afterwards as can 
 be, of a notice signed by one or more inhabitant householders of 
 the town, stating the filthy condition of any building in the town, 
 so as to be a nuisance to, or injurious to the health of any person, 
 or that upon any premises within the town .liere is any foul or 
 offouciivc ditch, gutter, drain, privy, cess-pool, or ash-pit, kept or 
 constructed so as to be a nuisance to, or injurious as aforesaid ; 
 or that, upon any such premises swine, c any accumulation of 
 dung, manure, oflal, filth, refuse, or other matter or thing are, 
 or is, kept, so as to be a nuisance to, or injurious as aforesaid, 
 and that the owners or occupants of such premises have been 
 requested by a written notice from such householders to remove, 
 suppress, or put an end to such nuisance, or injurious matter, by 
 any committee of themselves or by any of their officers, shall, 
 after twenty-four hours notice in Avriting given to the owner or 
 occupant of the premises, or some grown-up iierson resident 
 thereon enter the [)remises and if salidicd that there is reason 
 for such notice having been given, and that such nuisimce or 
 injiu'ious mutter has not been removed, suppressed, or put an 
 end to, to complain to the Mayor, or any ]\Iagistrate having 
 jurisdiction in the town, who may summon the owner t)r oc- 
 cupant of such i>remises to a]>pear before him, and on proof of 
 such nuisance or i/\jurious matter as aforesaid, shall order such 
 owiu'r or oceupant to remove, supj>res9, or put an end to siu'h 
 nuisance, by a time to be stated in such order, and to puy the 
 
 '/;; 
 
 and 
 
BY-LAWS. 
 
 11 
 
 costs of such summons and subseviiuent proceedings, or in default 
 thereof to pay a fine of not less than five shillings, or more than 
 five pounds, to be recovered, with costs, by distress and sale of 
 the offenders goods and chattels, or in default of sufficient distress, 
 by imprisonment for not less than seven, or more than thirty days, 
 in the Gaol of the County of Ontario, or in any lock-up house 
 that may be erected in the Town of Whitby. 
 
 (Signed) 
 
 JAMES ROWE, 
 
 3fayor, 
 B. YARNOLD, 
 
 CUrk. 
 
 r»Y.LAW No. 7. 
 
 To lief/nlate the JuticH of ^Usessur and Collector. 
 
 Passed 17th February, 1855. 
 
 1)0 it, on.'U'lfil by the MunicipuHly of tlio Town ol Whitby, 
 iiud it is hereby enacted : 
 
 Clausk 1. That tlio assessor or nssossors slmll return and deliver 
 the assossnu'iit roll to the Town Clerk, eertitiud according to as- 
 sessment laws now in force, or which may hereafler be in force, 
 on or before the first day of April in eadi and every year. 
 
12 
 
 BY-LAAVS. 
 
 t^ 
 
 2. That if the assossor, hjgally n])pointL'd and having taken 
 the oath of office, shall Avilfiilly neglect or refuse to perform the 
 duties ot said oftt(!e, according to the i)rovisions of this Oif any 
 other B}--I>a\v relating to the duties of assessor, or of any statute 
 law regarding assessments, he shall, on complaint of any resident 
 inhabitant, and on conviction thereof before the Mayor or Magis- 
 ti'ate having jurisdiction in said town, be fined for eacli offence 
 a sum not exceeding five pounds with costs, to be recovered as a 
 debt due to said Municipality, by levy on the goods and chattels 
 of each offender. 
 
 3. That before the Collector enters upon his duties, and within 
 one month from the date of his ai)})oin(ment to such office, he 
 shall enter into a bond, with two or more sufficient sureties, to 
 tlie satisfaction of this Council, himself in the sum of three hund- 
 red i)ounds, and his sureties each in the sum of one hundred and 
 fifty, in all six; hundred pounds, and such bond shall be condi- 
 tioned for the faithful performance of the duties of the said Col- 
 lector, in accordance with the conditions of this or any other 
 By-Law of this Council, or the provisions of any statute now or 
 liereafler in force in this Province relating to the same. 
 
 4. That on or before the first day of January, in each year, 
 it shall betheduty of tlie Collector to return tlie collectors's roll 
 to the Town Treasurer, and pay over the amount payable to tho 
 Biiid Treasurer in accordance with Sec. 40, Cap. 182, 10th Vic, 
 
 6. That the Collector neglecting or refusing to perform the 
 duties as prescribed in this or other By-Law of this Council, or 
 of any statute now or hereafter in force in this Province, pointing 
 outliis duties, he shall be fined, on conviction thereof before tho 
 Mayor or Magistrate liaving jurisdiction within said town, a sum 
 not exceeding five jjoumls, with costs, recoverable as other fines 
 for iiilriugemuat of By-Laws aru recovered, or such CoUoctor 
 
BY-LAWS. 
 
 13 
 
 Bhall be dealt with in accordance with the various provisions of 
 Cap. 182, 16th Vic, "Assessment Laws Consolidation Act." 
 
 6. That all the fines and penalties collected under this By-Law 
 shall be paid over immediately by the person or persons collect- 
 ing the same, into the hands of the Town Treasurer, and such 
 sum or sums of money shall form a part of the funds of the Town, 
 to be applied by the Corporation thereof. 
 
 (Signed) 
 
 JAMES ROWE, 
 
 Mayor, 
 B. TARNOLD, 
 
 Town Clerk. 
 
 BY-LAW No. 8. 
 {Expired.) 
 
 BY-LAWS No. 9. & 10. 
 {Bepealed.) 
 
 woBt.rwp" ■^- 
 
14 
 
 BY-LAWS. 
 
 BY-LAW No. 11. 
 
 Passed June dth, 1856. 
 
 To adopt a Seal for the Municipal Council of the Town of 
 Whitby. 
 
 r/ ■ ; / .' i 
 
 BY-LAWS 12, 13, 14. 
 {Mipired.) 
 
 BY-LAW No. 15. 
 (Quashed.) 
 
 I 
 
 li"TCSRV 
 
BY-LAWS. 
 
 15 
 
 BY-LAWS 16, 17, 
 {Mitred.) 
 
 BY-LAW No. 18. 
 
 BY-LAW Ko. 19. 
 
 PMMd April 34th, 1866. 
 
 Tc nuse the (ram of £1250 by way of loan to purchaae a mar- 
 ket site, and to defray the oo«t of erecting maket building thereon 
 u» the Town ot Whitby. 
 
16 
 
 BY-LAWS. 
 
 BY-LAWS 20, 21. 22. 
 (Mepired.) 
 
 i - 
 
 ^ ^1 
 
 BY-LAWS 23, 24 25, 26. 
 {BepecUed.) 
 
 \ 
 
 BY-LAW No. 27. 
 (Expired.) 
 
 BY-LAW No. 28. 
 (Repealed.) 
 
BT-IiAWS. 
 
 m 
 
 BY-LAW No. 2)0. 
 
 To impose a Tax upon Owners and Harbourers of J)ogs» 
 
 Passed March 10th, 1857. 
 
 Be it enacted by the Municipal Council of the Town of Whit- 
 by, and it is hereby enacted by the authority of the same, 
 
 That the Assessor shall as far as possible ascertain the owner- 
 ship of all dogs within the limits of the Corporation, and shall 
 assess the owners and harbourers of the same at the rate of five 
 shillings for every dog, and ten shillings for every bitch. 
 
 (Signed) 
 
 E. ANNES, 
 
 B. YARNOLD, 
 
 2'oirn Clerk, 
 
 BY-LAW No. 80. 
 (R^peakd) 
 
 B 
 
p 
 
 1 
 
 18 
 
 BY-LAWS. 
 
 BY-LAW No. 31. 
 " {Expired.) 
 
 BY-LAW No. 32. 
 
 Passed 5th May, 1857. 
 
 To prevent the removing of 8<md^ stone^ elay^ gravel or wood 
 from any public street^ or alloicance of road toithin the 
 Mwnicipaiity of the Town of Whitby, 
 
 Whereas it is not expedient that any sand, stone, clay, gravel 
 or wood, should be removed clandestinly from any public street 
 within this Municipality. 
 
 Be it therefore enacted by the Municipality of the Town of 
 Whitby, and it is hereby enacted by the authority of the same, 
 
 That no gravel, sand, clay, stone, wood or thnbcr, shall he 
 taken away from any public tstrcot or allo>\'ance for road, within 
 the limits of this Town, without the consent of the Town Coun- 
 cil, and also, that any i)crson or persons convicted for so doing, 
 before the JNLavor or any other Macjistrate haviiio- jurisdiction 
 within this Municipality, shall be lined in a sum of not less than 
 
BT'LAWS. 
 
 }9 
 
 five shiliings, nor more than fi?p pounds for each and every ot- 
 fence against this By-law. 
 
 B. YAENOLD, 
 
 Clerk. 
 
 (Signed) 
 
 E. ANNES, 
 Mayor, 
 
 ay, 1857. 
 
 el or wood 
 within the 
 
 BY-LAWS No8. 33. & 34. 
 {Repealed.) 
 
 lay, gravel 
 iblic street 
 
 e Town of 
 the same, 
 
 'r, shall be 
 )acl, "svitlim 
 own Coun- 
 )■ so doing, 
 urisdiction 
 )t less tlian 
 
 BY-LAWS 35, 36, 37. 
 {JExpired.) 
 
 rsT7(^g«(n^:7*:w»'3V(*5i^«p^^5^--3S^r 
 
20 
 
 BT^XAirS. 
 
 J .;:.;- i, 
 
 ■-' /. /■■ 
 
 ..A 
 
 .mM 
 
 BY-LAW No. 38. 
 
 '! •■! It '.■'M'fA..: TM 
 
 {Ii^f>eakd.) 
 
 M I"/;:/ i 
 
 BY-LAW No, 39. 
 
 (Mitred.) 
 
 I ^- 
 
 BY-LAWS 40, 41. 
 
 {Repealed.) 
 
BY-LAW 42. 
 {Expire^ ^ 
 
 I- t 
 
 I-". ■, Kii': 
 
 21 
 
 ■ - I . I • ■ ; I . ■ ■ i J ( " ' i » ' ' ■ 
 
 i: • \i< , .'■■ .r.-- •;'.'. MiC 
 
 ;•' ■. •■• • ., . ^;;.l f<,;. ; ,: 
 m . I !' j : t I.* 'I ! I )■ . ,» 
 
 ' t lit ■! |i;:.! W-\-i,., ■■ 
 ' 'i !■ ■ .'.F-; I , . ,:!,! . J.,. ■ 
 
 ' BY-LAW No. 43. 
 {Repealed.) 
 
 BYLAW No. 44. 
 
 Passed Dec 18th, 1857. 
 
 To prevent the erection of Wooden JBuildings within a prescri- 
 bed limit in this Municipality. 
 
 Whereas it is very desirable to prevent as much as possible 
 the spreading of fires especially in the more densely populated 
 portion of this Municipality. 
 
 Be it therefore enacted by the Municipal Coimcil of the 
 Town ot Whitby, and it is enacted by the authority of the same, 
 
 That from and after the passing of this By-Law, no Wooden 
 
^ 
 
 \l 
 
 •f 
 
 22 
 
 BY-tAWS. 
 
 Buildings of any description -whatever, ishall be erected within 
 the following limits, viz : on Brock Street from Mary Street to 
 Dunlop Street, and on Dundas Street from Byron Street to 
 Green Street and Perry Street. Provided always that this By-law 
 flhall not have force and effect as to any building now in course 
 of erection on the premises hereinbefore described, nor shall any 
 wooden building be erected nearer to the front ot said Streets 
 than the distance of sixty feet. 
 
 (Signed) 
 
 B. YAIINOLI), 
 
 Town Clerk. 
 
 JAMES ROWE, 
 
 Mayor. 
 
 I 
 
 BY LAW 45. 
 
BY-LAWS. 
 
 BY-LAW No. 46. 
 
 • i • ' ,;) ■ 
 
 Jtepealed. 
 
 28^' 
 
 i . 
 
 'fil ■ .1 , liV "i' 
 
 BY-LAW No. 47. 
 
 ' ' ' Passed B'eby. 23th, 1858. 
 
 7o appoint a Ireasurer and Town Clerk for the Town o/* 
 Whitby^ andtojix tlie salary oftJie same, 
 
 ]3e it enacted by the i\Iunicipality of the Town of Whitby, and 
 it is herebj enacted by the authority of the same. 
 
 1st. That from and after the passinojof this By-Law, Benjamin 
 Yarnold be Treasurer and Chirk of the said Town of Whitby, 
 on furnishing the necessary reciuircd amount of sccin-ity for the 
 faithful performance of the duties of the said office. 
 
 '2nd. I?o it further enacted tljat the said Treasurer and Clerk 
 be required to give security to the amount of twelve hundred 
 jmunds by joint and several bonds by himself, and two parties 
 to be ai)proved of by this Council. 
 
 3rd. Be it further exacted that the yearly snlary of the snid 
 Treasurer ami Clerk shall bo seventy-five pounds in lieu, and in 
 full of all fines, ^W)*, anil emoluments whatever, except such as 
 he may receive from individuals for copies of By-Laws and fees 
 as rolico Clerk, and percentages on (\Mmty Afoney, and that it 
 shall be lawful for the Treasure af«)resai«l to retain out of the 
 
24 
 
 ]|V«4Wt, 
 
 ,1 
 
 general revenue of the Town qiuirterly, the proportion of liis 
 said salary hereinbefore mentioned as Treasurer and Clerk atore* 
 said, said salary to be coni})uted from the first day ot January 
 
 1858. 
 
 4th. And be it further enacted that the oflice of Treasurer 
 and Clerk of this Council be considered public offices, and shall 
 be kept open and attended for the general business of the Town 
 from the hour ot 10 A. M. until 1 P. M. the Lords day and the 
 several holidays excepted. 
 
 (Signed) 
 
 J. HAM PEllRY, 
 
 Mayor, 
 
 B. YAllNOLD, 
 
 Clerk. 
 
 [Clause No. 1 of tliis By-Law amend«id by By-Law No. 07.j 
 
 BY-LAWS 48, 40, 50, 51, 62. 
 [Expired.^ 
 
BY-LAWS. 
 
 25 
 
 BY-LAW No. 53. 
 
 Passed 2Sth June, 1858. 
 
 Fot^ reguhiting and Licenshtg of shows and exhibitions kept 
 for hire or jyrofit^ within tJie limita of the i own of Whit' 
 
 Whcuaa it in tieemod expedient to provide for the regulation 
 and licensing of shows and exhibitions, kept for hire or profit, 
 
 1. Be it enacted, that no person or persons shall be })orinitted 
 to exhibit any wax figures, wild animals, puppet-shows, wire 
 dancing, circus riding, or other acts or feats which conunon 
 showmen, circus-riders, mountebanks or jugglers usually exhibit, 
 or theatrical I'epresentntions, or other shows or exhibitions, kept 
 tor hire or profit, without first applying for, and obtaining a li- 
 cense for the same, and paying therefor, the sura as afterwards 
 prescribed in schedule A, of this act, and no person shall permit 
 such exhibition on his or her propeit} , or in his or her house or 
 houses, or premises, without first seeing that the party exhibit- 
 ing, shall have obtained a license so to do. 
 
 2. P rsons exhibiting without a license, shall be fined not ex- 
 ceeding five pounds, besides costs, which fine and costs shall be 
 levied by suininary distress upon the goods and chattels of such 
 ott'onder, or belonging to such exhibition, wlu'ther the owner of 
 such shall bu known or not, or the parties oil'etidiug shall be im- 
 prisoned in the conunon gaol ot the County lor any time not ex- 
 ceeding thirty days. 
 
 n. That any j)erson or persons, who shall be guilty of any in- 
 fraction of, or offence agninst any ot thi' provisions of this act, 
 shall, upon conviction thereof, before the INfayor or Magistrate 
 having jurisiliction in said Town, be fined for such offence, in 
 
I i. 
 
 2a BT>L4WII. 
 
 such .a sum not to exceed live pounds, besides the costs, as the 
 said Mayor or Magistrate, as aforesaid, shall deem proper, wliich 
 fine and costs may be levied of the goods and chattels of the of- 
 fender, or such person or j;)erson3 shall be imprisoned in the 
 common gaol ot the County, for any time according to law, un- 
 less the amount of sucli fine and costs be sooner paid. 
 
 4. It shall be tlie duty of the Chief, and other Town Consta- 
 bles, so tar as in tiieir power, to see that ail the provisions of this 
 act be enforced. 
 
 SCHEDULE A. 
 
 Circus per diem £5 
 
 Menagerie per diem 2 10 
 
 Circus and Wild Beast Sliow, under same cauvasa. .. . 5 
 
 Tlicatrical, or other Exhibition, per night 1 5 
 
 Wax Figures, Puppet-SIiowM, Wire-Dancing, .fugglcrs, 
 
 or other like Exliiliilions, per day 1 5 
 
 [Signed,] 
 
 J. HAM PERRY, 
 
 Jffti/or, 
 n. YARNOLD, 
 
 Ihvin Clerk, 
 
 I 
 
BT-LAWS, 
 
 BYL/VW No. 54, 
 
 27 
 
 ■ I' 
 
 BY-LAW No. W. 
 
 Passed Aug. Iflth, 1858. ' 
 
 7% enfonra'jti the fdanting of onuwu'ntid trees on the sereral 
 strertu of th>'.i IWi/ilrljMiUti/^ (md to protect the same from 
 
 /}cinf/ intitUHte^l or destroyed. <',■■'.. . ,'-■.;■ 
 
 Wheroas it is dosiraldo tu oncoimig'o tliu pIiintitT<^ of trees for 
 shade a»ul oniaiuent on the several streets within this 3Iunicipa- 
 Uty, and to protect those ah'eady phuitctl from Ix'iug iiiutilateil 
 or destroyed, 
 
 Ik? it therefore enaeted, by the ^[ayor and Tow^* Cmiiicil,aufl 
 it is hereby enacteil hy authority of the same, 
 
 1st. That no person shall remove, mutilate or destroy any 
 ornamental trees planted, (vr th;it nviy hcreatti'r bo planted in 
 any ot the streets, or othcM* public [>I;i "■- .'.itliju the limits ot the 
 Town, without a |)ermit in writinij: iron the Mayor or Town 
 Council, and no owner or driver of any liorso or otlu'r animal 
 (except cows.) shall suiU-r them to destroy any tree as aforesaid 
 under the penalties mentioneil in the last clause of this act. 
 
 '2nd. Xo persoJi except by permission of theTown Conneil, or 
 
28 
 
 BY-LAWS. 
 
 
 » ■ 
 
 i 
 
 i 
 
 r 
 
 Chairman of the standing committee on Streets and Improvements 
 shall elinib, break, peel, cut, deface, either by posting bills of any 
 description, or otherwise, remove, injure, or destroy any of the 
 trees now growing, or which shall hereafter be planted in the 
 streets or ])ublic places ol this municipality, and no person shall 
 in any way fasten any horse or other animal toany of said trees, 
 or allow any animal owned by him, or under his control, to 
 stand so near to the same, that they may be gnawed or other- 
 wise injured by any horse or other animal so fastened or per- 
 mitted to stand. 
 
 .3rd. Any person violating any of the provisions of this seciion 
 shall be subject to the penalty in the last section mentioned. 
 
 4th. It shall be the duty of the Chief and other Town Con- 
 stables to prosecute all violations ot this By-Law. 
 
 5th. That any person who shall be guilty of any infraction of, 
 or offend against any of the provisions of this Act, shall upon 
 tanviction thereof, before the Mayor or Magistrates having 
 jurisdiction in said Town, be fined for each offence in such sura 
 not to exceed five pounds besides the costs, as the said Mayor 
 or Magistrate may deem proper, which fine and costs may be 
 levied of the goods and chattels of the offender, or such persons 
 shall be imprisoned in the gaol of the County of Ontario for any 
 term according to Law, unless the amount of such fine and costs 
 be soom'r paid. 
 
 (Signed,) 
 
 J. HAM PERRY, 
 M '/or. 
 B. YARNOLD, 
 
 Town Vkvk. 
 
BV-LAWS. 
 
 29 
 
 BY.LAW Ko, 56. 
 
 .... ' ,.; \ PaRwd 16th August, 1868. 
 
 To protect frotninntry (he Totmi Pumps. 
 
 Be it enacted by the Town Council of the Town of AVhitby, 
 and it is hereby enacted by the authority of the same, 
 
 1. That if any person shall wilfully, or carelessly, injure and 
 deface any Pump in a well, made at the expense of the Town, he 
 shall forfeit and pay a sum not less than one dollar, nor more 
 than thirty dollars, and shall be further liable to the action of the 
 Town lor all damages done by him to said pumps. 
 
 2. Said penalty, upon conviction, to be levied and collected 
 by distress ami sale of the offender's goods and chattels under 
 the authority of any warrant or warrants for that purpose, to be 
 issued by the Mayor, or any of Her Majesty's Justices of the 
 Peace having jurisdiction in the said Town, ar>d in default of 
 such distress, to be confined in the Common gaol of this County 
 to hard labor, for any period not exceeding ten days. 
 
 [Sijjned,! 
 
 K YAHNOLD, 
 
 Toteti Clerk, 
 
 J. 1L\M PERUY, 
 
 Mayor, 
 
I \^ 
 
 so 
 
 BY-LAWS. 
 
 BY4wAW »7. 
 
 {Repealed.) 
 
 BT-LAW 58. 
 
 {liepeakd.) 
 
 BYLAW 59. 
 
 {Expired.) 
 
 H 
 
BY-LAWS. 
 
 31 
 
 BYLAW 60. 
 
 [JRtpealed.] 
 
 
 BY-LAW 61. 
 
 Passed 24th Januarj, 1859. 
 
 To a^omt Auditors for the year 1859. 
 
 Be it enacted by the Corporation of the Town ot Whitby, 
 and it is hereby enacted by the authority of the same, 
 
 That Stephen Searle, Esq., be appointed one of the Town 
 Auditors tor the jircsent year. 
 
 Be it further enacted, on the nomination of the Mayor, that 
 
 Bobert II. Lawder, Esq., be also an Auditor for the present 
 
 year. 
 
 [Signed,] 
 
 J. HAM PERRY, 
 
 Mayor. 
 B. YARKOLl), 
 
 2 10)1 Ckrk, , • • 
 
 ■■ t ; ' "&j&-'K^8 
 
82 
 
 BT-LAWS. 
 
 BY-LAW 63. 
 
 Passed 28th February, 18.59. 
 
 Uo appoint certain Town Officen for the year 1859, and, to Jix 
 the salaries of the same' 
 
 Be it enacted by the Municipal CoiTwration of the Town of 
 Whitby, and it is hereby enacted by the authority of the same. 
 
 That the following persons be appointed Towir Officers, and 
 shall be entitled to receive, as salaries, the several sums set op- 
 posite their respective names, and they are hereby required to 
 perform all duties which may be set fortli under any By-law or 
 By-laws which may be passed by this Council, said By -lav/ or 
 By-laws not buing contrary to any Act of Parliament of this Pro- 
 vince, now in force, or which may hereafter be passed. 
 
 NAME. OFFICE. SALARY. 
 
 Alexander Cameron Chief Constable -^100 
 
 Such salary to be in lieu of all fees for attendi t ':tothe Munici- 
 pal affairs of this Town where the Corporation is a i)arty, but 
 shall be entitled to such fees as allowed by Law to receive from 
 the party convicted, should sufficient distress be found. 
 
 James Mcintosh Assessor ^75 
 
 George McGill Collector 100 
 
 Samuel Merrick Gen. Inspector of Licenses 20 
 
 Thoin.'is iJanford.... 
 iniilander M. Clark.. 
 John L. GraTiger. . . . 
 
 Mat hew Carrol 
 
 Abram Cochran ^ Pound Keepers. 
 
 John Spurrill 
 
 II. ][. Law<ler | . 
 
 Ste[>h 'u S. Searle. . . . ) 
 
 IMiilandcr M. Clark. . ] i To be j-aid 
 
 Henry HeMs > Fence Viewers < by 
 
 John L. Granger. ... ) ( Fee.sonh. 
 
 TiuKjthy 11. Lewis. . . . Hall Keejier ^i)0 
 
 Constable Xorth Ward , 
 do Centre 
 do South 
 
 To be paid 
 by fees only 
 
 I To be paid 
 ( Fees only. 
 
 Auditors each \ $10 
 
 John JjVucs Bell ritiLrer 
 
 60 
 
BY-LA-VrS, 
 
 83 
 
 And be it further enacted that the Treasurer is hereby authori- 
 zed, and required out of the general funds of this municipality 
 in his possession, to pay to each of the above officers quarterly, 
 the proportion of his salary as aforesaid, out of the like funds, 
 such salary to bo computed from the 1st day of March 1859, or 
 as soon as the duties are performed by the said officer or officers 
 upon certificate signed by the Clerk and countersigned by the 
 Mayor. 
 
 And be it further enacted that the Chief Constable shall devote 
 his time to the Municipal affairs of the Town, to preserve the 
 peace and good order thereof, he shall take notice of all nuisances 
 impediments, and obstructions in the streets, to notice all offences 
 against any By-Law of this Corporation, taking the names of 
 the offenders to the end, that they may be prosecuted, to receive 
 all complaints made for any breach of the Laws, and for that 
 purpose shall attend daily at the office of the Mayor at such time 
 as the Mayor may appoint, it shall be his duty to enforce and 
 carry into effect to the utmost of his power, all and each of the 
 By-Laws now in force in this municipality according to the true 
 intent and meaning of the same, and to obey and execute all the 
 lawful commands of the Mayor or any Councillor. 
 
 And be it further enacted, that it shall be the duty of the 
 Chief Constable to prosecute all offenders against the laws ot 
 the Town, within one week after detecting, or ascertaining the 
 offence or offences, by them respectively committed, to attend 
 regularly and pimctually at all tibials of offenders, prosecuted in 
 behalf of the Town, and to use all lawful means for their effectu- 
 al prosecution, and final conviction. 
 
 The Chief Constable shall, before entering upon the duties of 
 his office, give to the Treasurer of the Town, a Bond, himself in 
 the sum of twenty-five pounds, and two sureties, m the sum ot 
 
 
 
t I 
 
 M 
 
 BY-LAWS. 
 
 £12 10s each, and to be approved by the Mayor, for the faithtul 
 performance of the duties of his office. 
 
 The Inspector of Licenses shall, before entering upon the du- 
 ties of his office, give to the Treasurer of this Corporation, a 
 Bond, himselt in the sum of £5, and two sureties, in the sura of 
 ten dollars each, to be approved of by the Mayor, for the true 
 and faithful discharge of his duties. 
 
 [Signed,] 
 
 B. YARNOLD, 
 
 2oion Clerk, 
 
 J. HAM PERRY, 
 
 Mayor, 
 
 W 
 
 BY-LAW No. 64 
 [JExpired.] 
 
 ^- 
 
 »*t»!>5**~- 
 
BY-LAWS. 
 
 35 
 
 BY-LAW No, 65. 
 
 Passed 21st April, 1859. 
 
 To authorise the Corporation of the Toion of 'Whitby to take 
 Stock in the Port Whitby and Lake Huron Railway 
 Company^ and to issue Debentures for the payment there- 
 of., and for other purposes therein mentioned. '" ■ ""■; 
 
 1. Whereas it is desirable and expedient that the Corporation 
 of the Town of Whitby should assist the Port Whitby and Lake 
 Huron Railway Company in the construction of their Railway, 
 and for this purpose should take stock in the said Company to 
 the amount of one hundred and forty thousand dollars. 
 
 2. And whereas it will be necessary to make provision for the 
 payment of tde said stock by Debentures of the Corporation, 
 and for the redemption ol such Debentures in twenty years from 
 the day this By-law shall come into force, and for the payment 
 of interest thereon, at the rate ot six per cent, per annum, ajs 
 hereinaflcr mentioned, to make the provisions required by law, 
 It is hereby declared and recited in accordance with the statute 
 in that behalf: 
 
 3. That the debt or liability hereby intended to be created, 
 is one hundred and forty thousand dollars, for the purpose of 
 taking and paying for stock in the said Port Whitby and Lake 
 Huron Railwa}' Company to the extent of fourteen hundred 
 shares, at one hundred dollars each. ■ '- 
 
 4. That the total amount required to be raised annually, by 
 fipecial rate, for paying the said sura of one hundi'ed and forty 
 thousand dollars, and interest, for the period of twenty years, 
 is ilUeen thousand four hundred dollars. • 
 
 !ivl 
 
 >k<>> k 
 
 „!.i;«!llP'' 
 
36 
 
 BY-LAWS. 
 
 
 I 
 
 5. That the amount of the -whole rateable property of the 
 Municipality of the Town of Whitby, according to the last 
 revised assessment roll, is ninty two thousand nine hundred and 
 seventy lour dollars and ninety cents. 
 
 6. That the annual special rate in the pound for paying the 
 interest, and creating an equal yearly sinking fund for paying 
 the said principal sum of one hundred and forty thousand dollars, 
 
 or, thirty five thousand pounds is 3s. 3d. ^-~^^^f^ on the said sum of 
 ninty two thousand nine hundred and seventy four dollars and 
 ninty cents. 
 
 Be it therefore enacted by the Town Council of the Town of 
 Wliitby, and it is hereby enacted : 
 
 1. That the Corporation of the Town of Wliitby shall imme- 
 diately after the passing of this By-Law, take fourteen Jmndred 
 shares in the Capital Stock of the said Railway Company, 
 amountnig to one hundred and forty thousand dollars, or thirty 
 five thousand pounds. 
 
 2. That the 3[ayor shall subscriber for such stock in thenumo 
 of the Corporation of the Town of Whill)y, and shall attach the 
 Corporate Seal of the Corporation to such subsciiption in the 
 Stock Book of the said Comi)any. 
 
 3. That Debentures of the Corporation of the Town of Whitby, 
 shall be issued to the amount of one hundred and forty thousand 
 dollars, or ilJo, 000, and l)e delivered to the said Hail way Com- 
 pany, in payment of the said Stock, but the said Debentures 
 shall not be issued at any earlier date, or, for any larger amounts 
 than may be sufficient to meet the instalments of Stock an 
 regulated by the charter of said Railway Company, unless such 
 
BY-LAWS, 
 
 37 
 
 earlier or larger issues shall have been previously authorised by 
 a resolution of the Town Council. 
 
 4. That the Debentures to be so issued shall be sealed with the 
 Corporate Seal of the Corporation, and shall be signed by the 
 Mayor, and countersigned by the Treasurer of the said Town of 
 Whitby, and shall bear interest at the rate of six per centum 
 per annum, payable half yearly, and for payment of such interest 
 as it shall foil due, coupons shall be attached to the said Deben- 
 tures. 
 
 5, That all Debentures issued under the authoritj of this By- 
 Law, shall be respectively for such sums not less than $100, 
 exjiressed either in sterling money of Great Britain, or in any 
 of the currencies of this Province, and made payable, principal 
 and interest, or cither of them, at some place to be therein 
 mentioned either in Great Britain or Canada, as to the officers 
 signing and countersigning the same shall seem most expedient, 
 the principal thereof shall be payable on the 21st day of April, 
 in the year ot our Lord 1870, and the interest from the issuing 
 thereof half yearly. 
 
 0. That for the purpose of redeeming the Debentures so to be 
 issued, and lor the payment of the interest thereon, there shall 
 be raised and levied annually for the period of twenty years 
 from the time this By-Law shall come into force, the sum of 
 fifteen thousand four hundred dollars, over and above all other 
 sums required to be raised by the said Corporation for any 
 purposes whatsoever, and for the purpose of raising such annual 
 sum, there shall be raised, levied and collected annually, and in 
 addition to all other rates, an equall special rate of 3s. 3d. jj-g^,^ 
 in the pound upon the whole rateable property ot the said Cor- 
 poration of the Town of Whitby. 
 
 *i-»i^j^- ■* ^fj '- »i4 ' hm m * "< ■ 
 
38 
 
 BY-LAWS. 
 
 7. That the Mayor, before subscribing for said stock, shall 
 take an undertaking Irom the said Railway Company under 
 their Corporate Seal to the said Corporation of the Town of 
 Whitby, that the said Company will except the Debentures of 
 the said M.inicipality, issued under the authority of this By- 
 Law, in payment of the said stock at par, and that the amount 
 01 the said Debentures, shall be laid out and expended by the 
 said Company on that part of the said works, lying betw^een 
 Port Whitby, and Lake Scugog. 
 
 8. That this By-Law shall come into force and take effect, 
 from the day of the final passing thereof. 
 
 9. That for the purpose of ascertaining Avhether the electors 
 of the Municipality assent to this By-Law or not, Monday and 
 Tuesday the 11th and 12th days of April, in the year of our 
 Lord 1859, from the hour often o'clock in the forenoen, to the 
 hour of four o'clock in the afternoon on each day, at the places 
 hereinafter mentioned is fixed for taking the votes of the Electors 
 of the Municipality thereon, that is to say, in the North Ward 
 at the Mechanics' Institute, in the Centre Wa)d at the Town 
 Hall, in the South Ward at James Bowe's Stone Store, Ilich- 
 mond Street, and that William Schotield be returning oflicer to 
 take the votes in said North Ward, and that Stephen S. Searle 
 be returning officer to take the votes in said Centre Ward, and 
 that Thomas Huston bo returning officer to take the votes in 
 the said South Ward. 
 
 Passed the Twenty first day of April, A. D. 1859. 
 
 (Signed) 
 
 B. YARNOLD, 
 
 J. HAM PERRY, 
 
 Mayor, 
 
 Clerk, 
 
BY-LAWSi 
 
 89 
 
 NOTICE. 
 
 The above is a true copy of a By-law which will be taken into 
 consideration by the Council of the Corporation ot the Town of 
 Whitby, after one month from the first publication thereof in 
 the Whitby Chronicle and Ontario limes newspapers, the date 
 ot which first publication was the IVth day of March, A. D., 
 1859, and that the votes of the Electors of the said Municipality 
 will be taken thereon, at the time and place in the said By-law, 
 particularly mentioned and set forth, that is to say, on Monday 
 and Tuesday, the 11th and 12th days of April, in the year of 
 our Lord 1859, from the hour often o'clock in the forenoon, to 
 the hour of four o'clock in the afternoon of each day, at the 
 places hereinafter named, that is to say, in the North Ward, at 
 the Mechanics' Institute ; in the Centre Ward, at the Town 
 Hall ; in the South Ward, at James Rowe's Stone Store, Rich- 
 mond Street. 
 
 NOTICE. 
 
 The above is a true copy of a proposed By-law to be taken 
 into consideration by the Municipality of the Town of Whitby, 
 at the Town Hall, in the said Town, on the 21st day of April, 
 1859, at the hour of seven o'clock in the afternoon, at which 
 time and place the members of the Council ai"o hereby required 
 to attend for the purpose aforesaid. 
 
 [Signed,] 
 
 B. YARNOLD, 
 
 lown Clerks 
 
 J. HAM PERRY, 
 
 Mayor, 
 
It'' ^ 
 
 40 
 
 BY-LAWS, 
 
 \'] 
 
 BY-LAW 66. 
 
 I :■■ .. Passed 21st April, 1859. 
 
 7b repeal tlie By-law of this Council jmssed 07i the 21 st Sep- 
 tembeVy 1857, authorising the taking of stock in the Port 
 Whitby and Lake Huron liailway Company^ to the 
 amount o/ £75,000. 
 
 Whereas this Council passed a By-law on the 21st Septemher, 
 1857, authorising the taking of stock in the Port Whitby and 
 Lake Huron llaihvay Company to the amount ot £75,000, on 
 the conditions therein set forth. 
 
 And whereas the said Company have been unable to comply 
 with the conditions of the said By-law, and no money has been 
 raised or paid thereunder, and it is expedient that the subscrip- 
 tion of stock under said By-law should be cancelled, and the 
 said By-laAV should be repealed. 
 
 Be it therefore enacted by the Town Council of the Town of 
 Whitby, and it is hereby enacted, that the said By-law be, and 
 the same is hereby repealed. 
 
 That it shall be the duty ot the Mayor, and he is hereby au- 
 thorised, to make the necessary arrangements with the said 
 Railway Company for the cancillation of the said stock, and to 
 cancel the same. 
 
 [Signed,] 
 
 J. HAM PERRY, 
 
 Mayor, 
 B. YARNOLD, 
 
 Town Clerk. 
 
BY-LAWS. 
 
 41 
 
 BY-LAW No, 67. 
 
 Passed 20th June, 1859. 
 
 To repeal By-Lmo No. 47, so far as relates to the a^yjmntment 
 of Benjamin Yarnold^ Clerk and Treasurer of the Corpora- 
 tion of the Town of Whitbi/. 
 
 1. B« it enacted by the Corporation of the Town of Whitby, 
 and it is hereby enacted by the authority of the same, that 
 section number one of By-Law number forty seven be, and the 
 same is hereby repealed, so far as relates to the appointment of 
 Benjamin Yarnold, Clerk and Treasurer of the Corporation of 
 the Town of Whitby. 
 
 2. That this By-Law shall take cffvict on the first day of July 
 1859. 
 
 (Sigued,) 
 
 B YARNOLD, 
 
 loion Clerk. 
 
 J. HAM PERRY, 
 
 Mayor. 
 
 --••mmmm 
 
 | l « «l m ll l i WJ | IMM.1 »1 W> I| 
 
4^ 
 
 BT-LAWS. 
 
 ^ s 
 
 BY-LAW No. 68. 
 
 Passed June 28th, 1859. 
 
 To appoint a Clerk and treasurer for the Corporatioti of the 
 2oicn of Whitb}/, and to repeal 2}art of By-Lavo No. 47. 
 
 1. Be it enacted by tlie Corporation of the Town of Whitby, 
 and it is hereby enacted by the authority of the same, that 
 Thomas Huston of the Town ot Whitby, Gentleman ot the Cor- 
 poration be and he is hereby appointed Clerk and Treasurer, of 
 the Town oi Whitby, on furnishing the necessary amount ot secu- 
 rity for the liiithful performance of the duties of said offices as 
 required by By-Law No. 47. 
 
 2. And be it further enacted that By-Law No. 27, and all 
 other By-Laws be, and the same is hereby repealed so far as 
 relates to the appointment of a Clerk and Treasurer. 
 
 3. And be it further enacted, that the Clerk and Treasurer 
 above named, shall enter upon the duties of his office on the first 
 day of July 1859, and not before. 
 
 (Signed) 
 
 J. HAM PERRY, 
 
 Muxjor. 
 B. YARNOLD, 
 
 Tvxci Ckrk. 
 
BY-LAWi. 
 
 4i' 
 
 BY-LAW No. 
 
 Passed 11th July, 1859. 
 
 2h authorise the Mayor of the Gorporatlo/i of the Town of Whitby to 
 execute a bond for the purposes hereinafter mentioned. 
 
 Between George Yule the elder, and the Corporation. 
 
 >' t 
 
 BYLAW No. 70. 
 
 Passed July 11th, 1859. 
 
 To amend By-Law No. 63. 
 
 Be it enacted by the Corporation of the Town of Whitby, 
 and it is hereby enacted by the authority of the same. 
 
 That so much of By-Law No. 63, as relates to the appointment 
 of Alexander Cameron as Chief Constable of this Corporation, 
 and of Thomas Danford as Constable of the North Ward, be 
 and the same i.j hereby repealed. 
 
 And be it enacted by the authority aforesaid, that Thomas 
 Danford be, and is hereby appointed Chief Constable of this 
 Corporation iu the room and instead of the said Alexander 
 Cameron. 
 
 And be it further enacted, that Edward Humphry be, and he 
 is hereby appointed Constable of the North Ward, in the room 
 
) 
 
 44 
 
 BY-LAWS. 
 
 of Thomas Danford, appointed as above to the office of Chief 
 Constable. 
 
 (Signed) 
 
 THOMAS HUSTON, 
 
 Town Clerk, 
 
 J. HAM PERRY, 
 
 Mayor. 
 
 ^ k 
 
 BY-LAW No. 71. 
 
 Parsed Aug. 1st, 1859. 
 
 7o provide for the curroit expenses of the Corporation^ and 
 for the Count}/ and School rates for the present year. 
 
y-::;^:r^Tsyprp^^- 
 
 BY-LAWS. 
 
 45 
 
 BY-LAW 72. 
 
 Passed 19th September, 1859. 
 
 J^or si/2:>pressmg and punishing disorderly conduct within the 
 limits of the loicn of Whiiby^ for establishing and regu- 
 lating a Lock-up house in said Town^for establishing and 
 pointing out the duties of the Chief and other lown Con- 
 stables^ and for other pmposes tJierein stt forth. 
 
 Whereas it is deemed expedient and necessary to amend and 
 consolidate the various By-laws now in force, for the suppression 
 and punishment of disorderly conduct within the limits of the 
 Town, for the estahlishmg and regulating of a Lock-up house in 
 said Town, and for the enactment of other matter lor the good 
 government of the said Town. 
 
 Therefore the Corporation of the Town of Whitby, by the 
 Council thereof, enacts as follows : 
 
 1. That from and aiter the passing of this Act, By-law No. 97 
 passed by the Township, and By-law 33 passed by the Corpora- 
 tion of the Town of Whitby, and all clauses or sections of the 
 same, be and the same are hereby repealed. , 
 
 2. That no person or persons shall encourage or permit drink- 
 ing, gaming, fighting, or any other imruly conduct, by noise or 
 otherwise, in the house or upon the premises occupied by him, 
 her or them, to the disturbance or annoyance of the inhabitants 
 of the Town, or 01 his or their neighbours. . . 
 
 3. That no person shall on Sunday do or perform any work 
 or labor, [works of necessity and charity excepted] or buy, or 
 sell, or shew forth, or expose lor sale, any goods, wares or mer- 
 chandise, or any other thing within this Municipality. 
 
46 
 
 BY-LAWS. 
 
 I. 
 
 4. That no person shall fire off, or discharge any gun, musket, 
 pistol, squib, fire-ball or cracker, or shall make any bonfire, or 
 burn any rubbish, shavings, o/ other combustibles, in any street, 
 yard, or public place, in the Town, so as to endanger any pro- 
 perty thereby. 
 
 5. That no person shall engage in, or be concerned in any 
 charivari, or other like disturbance of the peace, or make or 
 cause any disturbance by shouting, blowing horns, or other 
 noise, to the annoyance or alarm of any inhabitant of this Muni- 
 cipality. 
 
 6. That no person or persons shall inscribe, or draw, or paste, 
 or put up, any indecent words or pictures, o)i any buiding or 
 public place within the Town, or shall raise or make any dis- 
 turbance in any place of public worship, or in any ot the streets 
 or thoroughfares of the Town, by noise or otherwise, or be guil- 
 ty of profane oaths, cursing, fighting, drunkenness or other scan- 
 dalous behaviour within the limits of the Town ; persons so of- 
 fending slia^l be deemed idle and disorderly persons within the 
 meaning of tiil? Act. 
 
 7. That any person or persons found drunk or disorderly in 
 any of the streets or thoroughfare3 of the Town shall and may 
 be taken into custody by the Chief or other Town Constables, 
 with or without a warrant, or the Mayor or any member of the 
 Town Council may order any said Constable to take into custo- 
 dy any one so found, and place or cause to be placed in safe 
 keeping in the Lock-uj) House, information of M'hich shall be 
 lodged with the Mayor as soon as possible, in order that ho, she, 
 or they be brouglit before the Mayor or other Magistrate hav- 
 ing jurisdiction in said Town to bo dealt with as this Act 
 directs. .... i ... . ,.. .. 
 
BY-LAWS, 
 
 47 
 
 8. That three cells shall be forthwith prepared under the 
 Town Hi 11, in every way suitable lor the safe keeping of per- 
 sons brought there, and that the same shall be the Lock-up 
 House reterred to in the last section, and it shall be lawful for 
 the Chief or other Town Constables, with or without a warrant, 
 or any other person by order of the Mayor to apprehend and 
 lock up in the same any person or persons found drunk or dis- 
 orderly in the streets or thoroughfares of the Town, provided 
 always, that no person shall be confined in the said Lock-up 
 House before trial, for the offence, for a longer period than 
 forty-eight hours. 
 
 9. That vagrants and persons, who by habit and repute get 
 their living by dishonest practices, shall and may be apprehend- 
 ed by the CL'ef or other Town Constables, and brought before 
 the Mayor, or in the absence of the Mayor, before the Reeve or 
 Deputy Town Reeve, and if orde red so to do by him or thera, 
 placed in the Lock-up House until brought before the Mayor or 
 other Magistrate as aforesaid, and dealt with according to Law. 
 
 10. That any person or persons against wboni a criminal iu- 
 lormation is sworn before competent authority, and any person 
 or persons flying from or seeking to escape from justice, may 
 be committed over to the Chief or other Town Constables, who 
 shall place him or them in safe keeping in the Lock-up House 
 till the charges made be investigated by the Mayor or other 
 Magistrate as aforesaid, and the party or parties dealt witli 
 accordingly, 
 
 11. That any person or persons keeping a house of ill-fame, 
 within the limits of the Town, on information being sworn to 
 before the Mayor or other Magistrate as aforesaid, shall and 
 maybe arrested by warrant under the hand ^nd seal of the 
 Mayor or Mftgistrato haying jurisdiction within the Tpwn, by 
 
48 
 
 BY-LAWS. 
 
 I?-* * 
 
 the Chief or other Town Constables, and he there brought be- 
 fore the Mayor or Magistrate as atoresaid, or the said Consta- 
 ble or cither of them, when ordered so to do by competent 
 authority, shall lodge the person or persons aforesaid in the 
 Lock-up House until it be convenient so to do, so that the time 
 of confinement in such Lock-up House shall not be longer than 
 authorised by the eighth section of this Act. 
 
 12. That any person or persons going to, or frequenting a house 
 of ill-fame, or who shall aid, or abet in keeping the same, either 
 by his or her attendance, at such place or otherwise, or who 
 shall resort to hills, woods, or any other place within the Cor- 
 poration for indecent iramoi*al, or wanton purposes, shall be liable 
 to arrest and punishment, under this act in the same manner as 
 is provided in the case of idle and disorderly persons and vag- 
 rants. 
 
 13. That no person shall excessively and inhumanly beat, or 
 otherwise cruelly treat any horse or other animal while employed 
 in drawing or carrying any load or burthen, or at any other time 
 neither shall it be lawful for any person to urge by beating or 
 otherwise any horse or oiher animal to carry or draw any load 
 or burthen which shall appear to be beyond its ordinary strength. 
 
 14. That it shall be lawful for the ]\[ayor, or any member of 
 the Council, or officer of the Town Council to order any person 
 urging his horse or other animal to draw or carry a load or 
 burden, which he or thoy see it is unable so to do, to order the 
 person so offending to stop immediately and reduce the weight 
 of the load until it can be easily drawn. 
 
 l6. That no person shall promote or encourage, or be in any 
 way present at, and aiding and assenting in any match or exhibi- 
 
BY-LAWS. 
 
 49 
 
 icrlit be- 
 Consta- 
 mpotent 
 id in the 
 the time 
 n-QY than 
 
 g a house 
 ic, either 
 , or who 
 the Cor- 
 t be liable 
 [lanner as 
 and vag- 
 
 f beat, or 
 employed 
 )ther time 
 eating or 
 any load 
 strength. 
 
 ember ot 
 ny person 
 a load or 
 order the 
 he weight 
 
 be in any 
 or exhibi- 
 
 tion of cock-fighting or dog-fighting, nor shall any person en- 
 courage or set on dogs to fight. 
 
 16. It shall be the duty of the Chief, and other Town Con- 
 stables, to see that all the provisions of this act be enforced ; to 
 apprehend and carry before the Mayor or other Magistrate having 
 jurisdiction in the Town, or to the Lock-up House, there to be 
 kept until such person so apprehended can with all convenient 
 speed be brought before the Mayor or Magistrate as aforesaid 
 as disorderly persons ; all rogues, vagabonds, and idle persons 
 who being able to work, refuse and neglect to do bo, persons 
 exposing themselves indecently, persons maliciously and wilfully 
 obstructing passengers by standing across foot-paths, obstructing 
 thoroughfares, using insulting language, causing disturbance by 
 screaming, swearing or singing in the streets, breaking down or 
 defacing signs, breaking windows, doors, or door plates, or 
 knockers, or the walls of houses, yards, or gardens, or gates 
 leading; to such, disturbing public worship, destroying fences, or 
 breaking down trees, or shrubs, within or outside of any enclo- 
 sure, or any frame-work around trees to protect them, being 
 drunk and im])eding, or incommoding peaceable passengers 
 common drunkards, common prostitutes or night-walkei-s, pilfer- 
 ei's, persons wanton or lascivious in speech or behaviour, all per 
 sons in the habit of frequenting houses of ill-fame, or are found 
 therein, and all such as neglect their calling or employment mis- 
 spend what they earn, and do not provide for the support of them- 
 selves and families. 
 
 17. That it shall be lawful for the Chief or other Town Con- 
 stables, and he or they may enter a house in search of stolen 
 goods, having a seai'ch warrant for that purpose, and it authorized 
 by the warrant of the Mayor or other Magistrate, having juris- 
 diction within the said Town, may enter any house of ill fame, 
 tavern, or boarding house, and there apprehend and bring before 
 
 D 
 
" wjt .! - . - 
 
 50 ; 
 
 BY-LAWS. 
 
 the Mayor or said Magistrate, all, or any of the persons described 
 in the preceding section as being disorderly i)ersons ; also, all 
 persons found tij)pUng alter the hour of eleven o'clock at night, 
 or before the hour of five in the morning. 
 
 18. Should the Chiei or other Town Constables, find that his 
 personal efforts are insufficient to effect an arrest, he ought to 
 require all persons present to assist him, and they are bound to 
 do so, and if a prisoner escapes, he may be retaken, and those in 
 inimed'ate pursuit may follow him into any place or any house. 
 
 19. In cases of actual breac^hts of the peace, as riots, affi-ays, 
 assaults, and tlie like conimitted in presence of^ or within view 
 of the Constable, he should immediately interfere, first giving 
 public notice of his office, if lie be not already known, sepaiate 
 the combatants, and i»revent others from joining in the affrsiy, 
 and if the riot or disturbance be of a serious nature, or if the 
 offenders do not immediately desist, he shall take them into 
 custody, securing the j»rincii)al instig.itors of the tumult. 
 
 The Constable may ari-est any one assaulting or op])Osing him 
 in the execution of his duty, and j)ay j)erson or persons thus offend- 
 ing, shall bo deeme<l disordeily persons within the meaning of 
 this Act. 
 
 20. That any person who shall be guilty of any infraction, of 
 or offend against any of the provisions of this act, or resist, or 
 hindering any Otlicer or Constable in the discharge of the duties 
 hereinbefore laid down, or in the discharge of any other lawful 
 duty, shall upon conviction thereof before the Mayor or Magis- 
 trate having jurisdiction in said Town, be lined for each offence 
 In such sum not to exceed Twelve pounds ten shillings besides 
 the costs, as the Mayor or Magistrate as aforesaid shall deem 
 proper, which fine and costs may bo levied of the goods and 
 
 I 
 
 ■BBS 
 
BY-LAWS. 
 
 51 
 
 chattels of the offenders, or such person shall be; imprisoned in 
 the common Gaol of the County of Ontario, for any time accord- 
 injif to Law, unless the amount ot such tine and cost be sooner 
 paid. . :■, • ., ^v 
 
 (Signed,) i- ... .„. /? 
 
 J. HAM PERRY, 
 
 Mayor. 
 THOMAS HUSTON, . • 
 
 7 own Clerk. ■- ''',■'''' -' 
 
 : J 
 
 BY-LAW No. 73. 
 
 Passed 10th Oct. 1859. 
 
 7h repeal certain B>j-TAms of this Corporation^ ainl to amend 
 liu-Litw yo, 4, hif Htriking ovt the ironh ^^Sfirtt Lisprctory'*^ 
 and insert instt'<(d thurt'of the vordx ^''(.'hief ConMahk.,'''' and 
 to repeal Ji>/-Laws of the Township vf Whitb>,\ Nwnbered 
 10, 79 and 07, 
 
91 
 
 BY-LAWS. 
 
 1 
 
 I 1 
 
 J I 
 
 BY-LAW No. 74. 
 
 Passed 10th Oct. 1859. 
 
 2o establish Periodical Public Free Market or Fairs in the 
 Town of Whitby. 
 
 Whereas it would be ^jeneficial to the public, to establish a 
 Free Market or Fair in the Town of Whitby, at certain times 
 of the year. 
 
 Therefore the Corporation of the Town of Whitby by the 
 Council thereof, enacts as follows : — 
 
 1. That a Public Free Market or Fair, shall be and is hereby 
 established in and for the Tomti. 
 
 2. Such Market or Fair, shall be held at the ground belong, 
 ing to the Coporation, and the use of the Market and Town 
 Hall is hereby granted, for the exhibition and sale of such 
 articles, as cannot be exposed with propriety outside the build- 
 ing. 
 
 8. The time for holding the same, shall be upon the first 
 Wednesday in November, the flrat Wednesday in February, the 
 first Wednesday in May, and the first Wednesday in August, 
 in each year, or upon such other day as the Council may by 
 resolution, to bo ])assed at least twenty days, before the day 
 for holding such market or lair appoint, provided the first lair 
 shall be held on Wednesday the second day of November A. D, 
 1859, of which Public Proclamation shall be nuide by the Mayor 
 Jit least 10 days before said second day of November last afore- 
 said. 
 
 4. The market or fair shall be held for the'purposc of cxliibit- 
 ing, buying, and selling, all kinds of agricultural live stock, all 
 
 \ \ 
 
 u 
 
BY-LAWS. 
 
 fT 
 
 kinds of fruit, grain, meal, flour, and vegetables, and all other 
 kinds of agricultural produce, all agricultural and other machines 
 or machinery, and all articles of home manufacture. ' " '^" 
 
 5. No fee shall he charged or demanded tor exhibiting, buy- 
 ing, or soiling, any such stock, animals, or articles, in the market 
 or fair. 
 
 6. All persons exhibiting or selling at the market or fair, shall 
 arrange their stock, animals or articles, in such manner, order or 
 place, as the person to be appointed by the Council shall direct. 
 
 T. In case any person shall disobey such direction, or be riot- 
 ous, quarro' ^rr>e, or disorderly, he shall be disentitled, and shall 
 
 not be al 
 
 to exhibit or sell there. 
 
 8. In any of the cases last mentioned, the person appointed ae 
 aforesaid, shall have power to remove the stock, animals or ar- 
 ticles, ot any one so offending, from the ground, and to such 
 reasonable distance therefrom, as he may think expedient. 
 
 9. The person so appointed shall have power to remove from 
 the ground, all animals or articles which are dangerous, or 
 which, in his opinion, are not properly secured or protected. 
 
 10. The person so to be appointed, shall be under the control 
 of the committee on Town property. 
 
 11. The committee shall have power, if it should ^eem necen- 
 sary so to do, to frame such rules and regulations, for the man- 
 agement and governance of the Market or Fair, and ot all per- 
 sons tVequenting the same, fis they shall think fit, which are not 
 inconsistent with law, or with this By-law. 
 
 12. Such rules and regulations shall be laid before the Coun- 
 cil, for at least one week, before the same shall take efiect, and 
 
im 
 
 BT-LAWS, 
 
 I 
 
 unless they are revoked or altered by the Council -within that 
 period, they shall take effect as submitted by the committee at 
 the end of such time, and in case they are altered by the Coun* 
 cil, they shall take effect as so altered, at the end of such period. 
 
 13. That this By-law shall come into force, and take effect 
 immediately from and after Proclamation made by the Mayor, 
 as atoresaid. 
 
 (Signed) 
 
 THOMAS HUSTON. 
 Town Clerk. 
 
 J. HAM PERRY, 
 
 Mayor. 
 
 BY-LAW No. 15. 
 
 Passed Oct. 24th, 1859. 
 
 To prevent persona from emptying water and filth from ojf 
 tfieir premises through drains or otfterioisey into and upon 
 ths pablic streets of this Corporation, 
 
 Whereas it is necessary to prevent the construction of any 
 drain under any side-walk or street of this Municipality, and to 
 prevent the allowing of water and filth to drain from off the 
 premises of any. person, into and i\ppu any pii]i^iic street, or hig^h- 
 
mMM 
 
 BT-LAWS. 
 
 55 
 
 Therefore the Corporation of the Town of Whitby, by the 
 Council thereof, enacts aa follows : 
 
 That from and afler the passing of this By-law, no person shall 
 sink or lay any particular drain or gutter under any side-walk, 
 except by permission of the Council, nor shall such person let 
 out or empty upon the surface of any street or lane, any cel- 
 lar drain, sink drain, or other drain, so that the water shall flow 
 therefrom into the street or lane, under a penalty of five dollars 
 and costs for each offence, and the further sum of ten dollars for 
 each month that such drain shall be so continued to be let out 
 or emptied as aforesaid, said fine to be collected as in next sec- 
 tion set forth. r ,; , 
 
 That any person guilty of any infraction of the provisions of 
 this Act, shall, on conviction before the Mayor, Town Reeve or 
 Deputy Town Reeve, forfeit and pay the penalty in the first 
 clause mentioned, together with the costs of prosecution, and in 
 default of payment of any fine and colos, it shall, and maybe 
 lawful for the Mayor, Town Reeve, or Deputy Town Reeve, to 
 issue his or their warrant to levy the amount of fine and costs 
 by distress and sale of the offenders goods and chattels, in de- 
 fault of goods and chatties, whereof to make the amount of fine 
 and costs, it shall, and may be lawful for the Mayor, Town 
 Reeve, or Deputy Town Reeve, convicting, to commit the of- 
 fender or offenders to the common gaol of the County of Onta- 
 rio for any period not exceeding thirty days, unless the fine and 
 costs shall be sooner paid. 
 
 [Signed,! 
 
 THOMAS HUSTON", 
 Town Clerk, 
 
 J, HAM PERRY, 
 
 Mayor* 
 
It 
 
 m 
 
 iNf, 
 
 56 
 
 BY-LAWS. 
 
 M 
 
 
 I 
 > 
 
 r 
 
 i 
 
 BY-LAW No. 16. 
 
 Passed Nov. Uth, 1859. 
 
 7b establish the Scales now put down on the Market Block as 
 the Public Market Scales of the Town, and to regulate the 
 Weighing of Hag and Straw^ and for other purposes. - 
 
 Whereas it is desirable to establish Public Scales for the 
 weighing of Hay, Straw, produce, and other articles brought 
 into the Town for sale hereafter. 
 
 Be it therefore enacted by the Corporation of the Town of 
 Whitby. 
 
 1. That from and after the passing of this act, the Scales now 
 laid down on the Market Block shall be known, as, and taken to 
 be the Public Market Weigh Scales of the Town. 
 
 2. That all Hay, as soon as it is brought into the said Town, 
 either sold, or for sale, shall be weighed at the Public Market 
 Weigh Scales, by the Weigh Master appointed by the Council 
 in charge thereof, or by his deputy duly appointed, and any 
 person or persons who shall weigh any Hay, Straw, or other 
 article of produce, other than at the Public Market Scales, and 
 take for so doing any fee, or reward, or promise of such, shall be 
 subject to the penalty hereinafter provided. 
 
 3. That the person appointed Weigh Master for the Town, 
 shall before he enters upon the duties of his office enter into a 
 Bond in the sum of £50, well and faithfully to discharge the 
 duties of said office according to the best of his skill and under- 
 standing. 
 
 4. That it shall bo the duty of the Weigh Master to attend at 
 the market house for the purpose of weighing articles required 
 
 <f? 
 
BT-LAWS. 
 
 67 
 
 to be weighed, from 6 o'clock in the morning to 6 o'clock in the 
 afternoon, trom the 1st day of May to the 31st day of October, 
 and from 1 o'clock in the morning to 5 in the afternoon, from the 
 Ist day of November to the 30th day of April, (Sundays and 
 Public Holidays excepted), and to weight all articles so brought 
 with the waggon or other vehicle upon which the same may be 
 loaded, and to furnish the owner or person having charge of the 
 load with a weigh note, dated and signed by the Weigh Master, 
 setting forth the weight of such load in lbs, with the waggon or 
 other vehicle, and the tare ot the waggon or other vehicle, the 
 nett weight of the load, and the name of the owner or person 
 having charge of the same. 
 
 ,o, 
 
 6. That the Weigh Master shall whenever required, either by 
 the purchaser or seller on the same day, that he has weighed 
 any load, and after the load has been unloaded, weigh the wag- 
 gon or other vehicle upon which the same was loaded, and 
 endorse upon the weigh note the exact weight of the waggoner 
 other vehicle as ascertained on that day, and any owner or 
 person having charge of any load who shall neglect or refuse to 
 have the exact weight of such waggon or other vehicle ascertained 
 as aforesaid upon the request of the purchaser made the same 
 day, shall be subject to a penalty as hereiiiutter mentioned. 
 
 6. That the weigh master whenever any article shall be 
 brought to him to weigh which is wet, or Avhich from any other 
 cause, may be heavier than such article if merchantable ought 
 to be, shall endorse the same on the weigh note given to him 
 for the load, together with the deduction, which in his opinion 
 ought to be made, on account of such wet or other cause. 
 
 7. That the weigh master shall when required, inspect any 
 hay or any other article of produce, sold or offered for sale in 
 
1 
 
 68 
 
 BY-LAWS. 
 
 ;in' 
 
 PI 
 
 i' 
 
 i 
 
 r 
 
 the market, and give his certificate if the the same be wet or 
 otherwise not merchantable. 
 
 8. That the weigh master shall keep a book, in which he shall 
 enter the name of every person for whom he shall weigh any 
 article, the article weighed and the weight thereof, and the date 
 of w-ciglnng, which book shall bo open at all reasonable times 
 for inspection, and he shall make a return in writing, as oflen as 
 the Council may direct, of all the foregoing particulars with the 
 fee or compensation paid in each case. 
 
 9. That any person committing or attempting any fraud in 
 the selling of hay, by introducing heavy articles into the waggon 
 or other vehicle, or by wetting or concealing wet or unmerchant- 
 able articles in the load, or by any other fraudulent device or 
 contrivance, shall be subject to a penalty as hereinafter provided. 
 
 10. That all weigh notes given for articles or loads weiuthed 
 bj the weigh master, shall be valid, and any pev-:on who shall 
 filsel}" ana knowingly fabricate, alter, or nnke :i".y weiorh note, 
 or any endorsonient thereon with int(>ii( to dc^Vaud any pur- 
 c]ia«;er, or who shall exhibit for a load, a weigh not'' tor juiy otlier 
 load, shall be subject to the penalty hereinafter • lentioned. 
 
 11. That the Weigh iSLister shall be entitled to demand, and 
 receive the following fees: 
 
 For every load of hay or straw, brought into the public mar- 
 ket for sale, the sum of twelve and one half cents, or in case the 
 load be divided, then the sum of 12i cents for each portion ot 
 the loa<l so weighed. 
 
 For the weighing of every load of produce or merchandize, 
 the sum of twelve and one halt cents. 
 
 For the weighing of every return waggon, or other vehicle 
 not loaded, the sum of twelve and one half cents. 
 
 msasa 
 
 sets 
 
BY-LAWS. 
 
 60 
 
 ndize, 
 ehicle 
 
 For the weighing of any article or articles not exceeding 300 
 lbs., the sum of 3 cents. 
 
 Over 300 to 53 lbs., the sum of G cents. 
 
 And for every other article or articles over 500 lbs., the sum 
 of 12^ cents. 
 
 And all such sums shall be paid before the articles weighed 
 be removed from tlie Weigh house, pi'ovided always, that during 
 the days on which the Quarterly Free Fairs or Markets are 
 holden, as appointed by the Council, all articles, if required, shall 
 be weighed by the Weigh ]\Iaster, free of charge, and that the 
 like benefit shall be granted to the County Agricultural Society, 
 should they see fit to hold their show upon the Mai'ket Block. 
 
 12. That any person guilty of any infraction of the provisions 
 of this Act, sliall, on conviction before the Mayor, Town Reeve 
 or Dejjuty IJeeve, or any one of them, forfeit and pay, at the 
 discretion ot the Mayor, Town Reeve or Deputy Reeve convict- 
 ing, a sum ot money not exceeding five pounds, nor less than 
 five shillings, and in default of payment of any fine imposed for 
 any breach of any of t!ie provisions of this Act, it shall and may 
 be lawhil for the Mayor, Reeve, or Deputy Reeve convicting, 
 to issue Ids warrant to levy the amour^t of fine and costs by dis- 
 tress atidsale of the offenders goods and chatties, and in case of 
 no sufficient distress to satisfy the amount ot fine and costs, it 
 shall and may be lawful lor the Mayor, Reeve or Deputy Reeve 
 convicting, to commit such offender or offenders to the common 
 gaol of the County of Ontario for any period not exceeding 30 
 days. 
 
 (Signed) 
 
 J. IIAM TERRY, 
 Mayor 
 TflOMAS HUSTOX, 
 
 Clerk.