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 THE 
 
 [I . 
 
 MUNICIPAL MANUAL: 
 
 CONTAININO THK 
 
 MUNICIPAL, ASSESSMENT, LIQUOR LICENSE, ANI> 
 
 OTHER ACTS RELATING TO MUNICIPAL 
 
 CORPORATIONS. 
 
 TOaETHER WITH 
 
 THE AMENDING ACTS OF 
 
 .-i 
 
 1888 AND 1889 
 
 WITH NOTES OF CASES BEARING THEREON, 
 
 BY 
 THE HONOURABLE 
 
 ROBERT ALEXANDER HARRISON, D.C.L., 
 
 LATE CHIEF JUSTICE OF ONTARIO. 
 
 Jfifth €I)itiott, 
 
 BY 
 
 F. J. JOSEPH, Esq., 
 
 OF 03O00DE HALL, BARRISTER-AT-LAW. 
 
 « 
 
 m 
 
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 5! II,- I 
 
 TORONTO: 
 
 ROWSELL & HUTCHISON. 
 
 1889. 
 
Ts I 7Z i 
 Oh 
 
 Enterfd aocoiding to Act of the Parliament of Canada, in the year one thousand 
 eight hundred and eighty-nine, by Frank .Iobn Joseph, Esq., in the Office 
 of the Minister of Agriculture. 
 
 BOWBELL AKD HITrCHIION, PRINT JCI18 AND BIMDBRB, TORONTO. 
 
TO 
 
 THE UONOURABLB 
 
 OLIVER MOWAT, Q.C., 
 
 ATTORNBT -GENERAL FOR THE tROVINCB OF ONTARIO. 
 
 IN RECOGNITION OF MUCH PERSONAL KINDNESS 
 
 AND AS A TRIBUTE OF RESPECT TO 
 
 HIS HIGH LEGAL ATTAINMENTS 
 
 TH3 
 
 FIFTH EDITION 
 
 OF 
 
 ^hi0 SEork 
 
 IS WITH HIS PERMISSION 
 
 INSCRIBED. 
 
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PREFACE 
 
 
 The changes which have been introduced into the Municipal 
 Acts, and the numerous judicial decisions which have been lifiven 
 upon their various provisions during the last ten years, render it 
 necessary to issue a new edition of "Harrison's Municipal 
 Manual." • 
 
 I have endeavoured to preserve the character of the work as 
 it was originally written, and as it came to me from the late 
 eminent Chief Justice. A few notes which were but paraphrases 
 of sections, and the citations of some American cases, the repori-s 
 of which are difficult of access, are eliminated. These changes 
 I have not made without much hesitation. The first omission 
 was to make room for the necessary additional notes, and at the 
 same time to keep the volume within reasonable limits. In 
 substitution for the American decisions I have, with his permis- 
 sion, referred to those portions of Mr. Justice Dillon's valuable 
 work on Municipal Corporations, where the cases are quoted 
 under appropriate heads, and commented upon by that able 
 jurist with all the completeness that can be desired. 
 
 I have to express the obligations I am under to John R. 
 Cartwright, Esq., for his valuable suggestions and assistance in 
 the preparation of this edition of The Manual. I have also to 
 
 if i ^ 
 
 1^. 
 
 It; 
 
 It > " i I 
 
 'it! ' 
 
VI 
 
 PBBFACK. 
 
 thank A. H. Marsh, Esq., for notes on Quo Warranto proceedings, 
 and J. H. Macdonald, Esq., Q. C, for liis suggestions with respect 
 to the forms of Local Improveniont By-laws. The Calendar, Table 
 of Cases, and Index, are the work of A. M. Dytnond, Esq., who 
 has bestowed much labour upon them, and has made them as 
 complete and exhaustive as space would permit. 
 
 F. J. J. 
 Osgood K Hall, 
 
 April, 1889. 
 
 Ta 
 Ca 
 Ar 
 
 / 
 
TABLE OF CONTENTS. 
 
 u 
 
 Table of Oases .......... ix. 
 
 Calendar ........... liii. 
 
 An Act respecting Municipnl Institutions . . . • . J 
 " " the establishment of Municipal Institutions 
 in the Districts of Algoma, Muskoka, Parry Sound, 
 
 Nipissing, Thunder Bay and Rainy River . . 634 
 respecting the Registration of Municipal and certain other 
 
 Debentures ........ 646 
 
 respecting Public Meetings . . . . . . G52 
 
 to exempt Firemen from certain Local Services . . 658 
 
 to provide for the establishment of Free Libraries . . G60 
 to provide for the establishment and maintenance of 
 
 Public Parks in Cities and Towns .... 669 
 
 to authorize Cities, Towns, and Villages to provide Gas 
 
 and other means of Lighting and Heating . .682 
 
 to provide for the construction of Municipal Waterworks 686 
 
 respecting the Assessment of Property .... 705^ 
 
 *' the sale of Fermented or Spirituous Liquors 890 
 
 to regulate travelling on Public Highways and Bridges 99& 
 exempting certain Vehicles, Horses, and CattL from 'I'oUs 
 
 on Turnpike Roads ....... 998 
 
 respecting Double Tracks in Snow Roads . . . . 1000 
 
 '« Snow Fences 10U2 
 
 to provide for the Crossing of Railways by Streets, 
 
 Drains, and Water Mains ..... 1004 
 
 to authorize and regulate the use of Traction Engines on 
 
 Highways ........ 101$ 
 
 to encourage the Planting and Growing of Trees . . lOlT 
 
 I 
 
 C( 
 
 «( 
 
 I' r 
 
 41 
 
VUI. 
 
 TABLE OF CONTENTS. 
 
 / 
 
 An Act to prevent the spread of Noxious Weeds, and of 
 Diseases ad'octing Fruit Trees ..... 
 
 *' to prevent Minors frequenting Billiard Rooms and other 
 places ........ 
 
 *' resp(!cting the Public Health ..... 
 
 '< " Vaccination and Inoculation . 
 
 " for the protection of Infant Children 
 
 *' to i'ej,'ulate the means of Egress from rublic Buildings 
 
 '* to impose a Tax on Dogs and for the Protection of Hheep 
 
 <• resjjcoting Pounds ....... 
 
 " " abandoned Oil Wells . , . . 
 
 ^' " Line Fences ...... 
 
 *' " Ditches and Watercourses 
 
 •' for tlie Protection of Game and Fur-bearing Animals 
 
 •' to encourage the Destroying of Wolves . 
 
 •' to establish Manhood SutlVagc for the Legislative Assembly 
 
 *' to rcijulate the Closing of Slio})s and the Hours of Labour 
 
 therein for Children and Young Persons . 
 •' respecting Voters' Jjists ...... 
 
 " to make furtht>r ])rovisiou respecting the Districts of 
 Parry Sound and Miiskoka .... 
 
 " to facilitate the purchase of Toll Roads by Municijjalities 
 The Municipal Amendment Act, 1889 .... 
 
 An Act to amend the Acta respecting Municipal Institutions in 
 the Outlying Districts ..... 
 
 " to .amend the Free Libraries Act .... 
 
 The Assessment Amendment Act, 1889 .... 
 
 The Franchise! Assessment Act, 1889 ..... 
 
 An Act to amend the Liquor License Act .... 
 
 " Public Health Act 
 
 authorize the appointment of Fire Guardians and for the 
 
 better j)revention of Bush Fires 
 
 ^' to amend the Act to prevent the spread of Contagious 
 
 Diseases among Horses and other Domestic Animals 
 
 1020 
 
 1026 
 1026 
 1069 
 1078 
 1082 
 1084 
 1091 
 1097 
 1099 
 1106 
 1124 
 
 11 ;n 
 
 11 .{2 
 
 1146 
 II. "ie 
 
 1190 
 1193 
 1203 
 
 1217 
 1219 
 1220 
 1222 
 1228 
 1230 
 
 1231 
 
 1233 
 
 Ailiiir V. 
 Ailaiiis 
 
 — V 
 
 V 
 
 V 
 
 Adderly 
 Adoy V. 
 Adj.-ila V. 
 Adley v. 
 .\d8to;i(l \ 
 .Aerated ] 
 Agard v. 
 Ahrens v. 
 Albany Si 
 Albeiiiarh 
 Albert VA\ 
 Aldrich v, 
 
 — V. 
 
 Aldridge ^ 
 Aldwell ai 
 Alcxaiidet 
 
 571, n 
 
 Alger V. I 
 
 Allan and 
 
 4' 
 
 — Re, 
 
 — V. K 
 
 — V. h 
 
 - V. O 
 
 — V. S 
 Alletrhany 
 Allen, In i 
 
 — V. F 
 
 — V. H 
 
 — V. J; 
 
 — V. SI 
 
 — V. Si 
 
 — V. S] 
 
TABLK OF CASES. 
 
 AoheHoii V. Butcher, 004. 
 Adiiir V. KinjjHtim, 492. 
 AiliuiiH V. Carli.-ilo. 404. 
 
 V. Kiist VVhitl)y, fil.3. 
 -- V. (iie.it WeHtoni I!. \V. Co.. 742. 
 
 — V. liiiiK-ashirc iiud YurkHhiro K. 
 
 W. Co , 4!>.'). 
 
 — V. Michael, 3!I0. 
 
 -- V. Railroad Co., 369. 
 V, Toronto, .'{71. 
 Adderly v. Stonn, 740. 
 Adcy V. Hill, H2, IHI 774. 
 Adjala v. McKlroy. 1S4, 188. 
 Adley v. ReevoH, .'{62. 
 Adstuad v. Oraiit, 810. 
 .\oratod Bread Co. v. (!rcgg, 30f). 
 A^'ard V. Caiidish, 884. 
 Ahrens v. Me(Jilij,'at, 742. 
 Albany Street, In re, .StiS. 
 A Ibenmrle and Kastnor. Ho. 3.'), 299, 301. 
 Albert (Jhcewe Co. v. Leemitig, 11. 
 Aldrich v. Howard, 401, 426. 
 
 — V. I'elham. 491. 
 Aldridge v. T'ato, 781. 
 
 Aldwell and Toronto, ex parte, 271. 
 Alexander v. Milton, 731. 
 
 — V. Township of Howard, 238, 
 
 571, 573. 
 Alger V. Lowell, 495. 
 Allan and the Corporation of Amabel, Re, 
 472, 79.",, 797. 
 
 — Re, 737. 762. 
 
 — V. Kiaher, 709, 805, 830. 
 
 — V. Hamilton, 846. 
 
 - V. ()ver.scers of the Poor, Liverpool, 
 
 — V. Sharpe,756. [731. 
 Allet'hany County v. Van Campcn, 184. 
 Alleii, In re, 879. 
 
 — V. Fisher, 829, 
 
 — V. Hancock, 495. 
 
 — V. Jay, 356. 
 
 — V. Sharp, 756, 770, 780, 781. 
 
 — V. Smith, 62. 
 
 — V. Spafkhall, 415. 
 
 Allen V. Taunton, 427. 
 — V. Tunbridge, 325. 
 
 Alletson v. ( 'hiolieHt<r, 494. 
 
 Alhton V. Orant, 4().S. 
 
 Althorf V. Wolfe, 498. 
 
 Alvord V. Ashley, 500. 
 
 American I'rint Works v. Lawrence, 386. 
 
 Amey v. Alleghany, 271. 
 
 Anderson, John, In re, 900. 
 — V. Jellitt, 216. 
 
 Andovcr and Medford Turnpike Corpor- 
 ation V. (louhl, 524. 
 
 Andrew v. White, 891, 918. 
 
 Andrews v. Insurance Co,, 211, 
 — V. Stit e, 4.')4. 
 
 Angell V. Vestry of I'addington, 714. 
 
 Anglin v. Kingston. .'^3, 86S. 
 
 — v. Minis, 7:13, S06, 808. 809. 
 Annis and Mariposa, In re, 513. 
 Anonymous, 68, 93. 102, 29(;. 298. 
 Anthony v. Brecon Markets Co., 390, 401. 
 
 — V. Inhabitants, 302. 
 
 Appeal of vSistors of CJharity of Ott.iMa, 
 
 In re, 710. 
 Applebee v. Percy, 410. 
 Applegarth v. (iraham, .58, 732. 
 Arkell and St. Thomas, In re, 379, 394. 
 
 895, 911, 929. 
 Arkwrigh v. Cantrell, 131. 
 Armoy v. Fellows, 312. 
 Armsworth v. South Kastern 11. W. Co., 
 
 497, 498. 
 Arnold v. Blaker, 484. 
 
 — V. Holbrook, 399, 484, 485. 
 '-- V. Poole, 204. 
 
 i Arnott V. Bradley, 329. 
 
 i Arnoult v. Knw Orleans, 36. 
 
 I Arran v. Amabel, 34. 
 
 Arundel v. McC'ulloch, 506. 
 
 Ash V. People, 215, 452. 
 — V. Lynn, 904. 
 
 Ashbrook v. Commonwealth, 1036. 
 
 Ashley v. Port Hudson, 439. • 
 
 i Ashton V. EllsMorth, 16. 
 
 :/ itl 
 
 !t 
 
 'Hi; 4 
 
 lU. 
 
 M 
 
TABLE OF CASES. 
 
 Atthworth, In re, 745. 
 
 V. Heywortli, 453. 
 Askew V. Manning, lliii. 
 Askin V. London, 306, 322, 846. 
 Asphodel and Sargant, In re, 132, 133. 
 Asprell V. Justices of Lancaster, 765. 
 Astall V. Southampton (Mayor, &c.), 129. 
 Aston V. Innis, 738, 845, 850, 858. 
 Athlone Case, The, 111. 
 Atkins V. Kilby, 337. 
 
 — V. Ptolemy, 125. 
 Atkinson v. Newcastle and Gateshead 
 Water Works Co., 427. 
 - V. Sellers, 911. 
 Att. (icn. V. Alexander, 743. 
 
 — V. Aspinall, 187. 
 V. Boulton, 480. 
 
 — V. Bowman, 313. 
 
 — V. Brantford, 716. 
 
 — V. Cambritlge, 4r)0. 
 -- V. Campbell, 426. 
 
 — V. City of Montreal, 713. 
 
 — V. Dakin, 713. 
 
 — V. Donaldson, 442. 
 
 — V. Earl Powis, 8. 
 
 — V. Goderich, 350, 479, 716. 
 
 — V. Hackney Local Board, 359. 
 
 — V. Harris, 512. 
 
 — V. Horner, 452. 
 
 — V. Kerr, l.S. 
 V. Leeds, 3r)9. 
 
 — V. Leicester, 13. 
 
 — V. Lichfield, 307. 
 
 — V. Mayor of Leeds, 607. 
 
 — V. Mayor of Norwich, 186. 
 
 — V. Molson, 479. 
 
 V. Mutual Tontine Westmin- 
 ster Chambers Assn., 72. 
 
 — V. Mutual Tontine Westmin- 
 
 ster Chambers Assn. , Lim- 
 ited, 730. 
 
 — V. Nepean Road Co., 481. 
 V, Newcastle, 13. 
 
 — V. Parker, 69. 
 V. RadloflF, 312. 
 
 — V. Siddam, 313. 
 
 — V. Sillem, 772. 
 
 V. Sulley, 743. 744. 
 
 — V. Sullivan, 313. 
 
 — V. Tongue, 417. 
 
 — V. Toronto, 716. 
 
 — Ex rel. The Township of Ne- 
 
 pean V. Bytown and Ne- 
 pean Boad Co., 528. 
 
 — V. Wigan, 153. 269. 
 
 Att. -Gen. v. Woolhouse, 417. 
 Auckland v. Westminster Local Board, 
 
 426. 
 Auditor v. Ballard, 414. 
 Augusta and Leeds and Grenville, In r«, 
 
 518. 
 AuU V. Lexington, 1039. 
 Aurora v. Reed, 440. 
 
 — V. West, 604, 605. 
 Austin V. Armstrong, 845, 856. 
 
 — V. Davis, 958, 968. 
 
 — V. G aardians of Bethnal Green, 12. 
 
 — V. Murray, 384. 
 
 — V. Simcoe,713. 841,854, 861, 866. 
 Averritt v. Murrell, .390. 
 
 Ayer v. Norwich, 491. 
 
 Ayers v. Town of Windsor, 360, 371. 
 
 Ayre v. Toronto, 488. 
 
 Bab V. Clerk, 362. 
 
 Babbitt v. Savoy, 204. 
 
 Babcock v. Bedford, 239. 
 
 Baby v. Baby, 10, 184. 
 
 Bachelder v. Heagen, 390. 
 
 Bacon v. Ashton, 238. 
 
 — V. Boston, 435. 
 Baddeley v. Gingell, 581. 
 Bo-lgley V. Bender, 470-515, 
 I>agg's Case, 205. 
 Baguelly v. Borthwith, 297. 
 Bailey v. Fairfield, 49S. 
 
 — V. Philadelphia, &c., R. W. Co., 
 515. 
 
 Baird and Almonte, In re, 66, 176, 236, 
 
 356, 904. 
 Baker and Saltfloct, In re, 417. 
 
 — V. Clark, 500. 
 
 — V. Paris, 239, 240, 929. 
 
 — V. Pittsl)urg, 204. 
 
 — V. Portland, 209, 495. 
 
 — V. Savage, 489. 
 
 — V. Vestry of Maryleboue, 523. 
 
 — V. Windham, 204. 
 Ball V. Armstrong, 435. 
 
 — V. Ray, 399. 
 Baltimore v. Bouldin, 594. 
 
 — v. Cemetery Co., 711. 
 
 — V. Gill, 251. 
 
 — V. Marriott, 444. 
 
 — V. White, ,354. 
 Bamford v. Turnley, 399, 401. 
 Bancroft v. Lynnfield, 204. 
 Bank v. Chillicothe, 250. 
 
 — V. Rome, 604. 
 
 — V. Supervisors, 204. 
 Bank of Chenango v. Brown, 46. 
 
TABLE OF CASES. 
 
 X»? 
 
 Bank of Michigan v. Nilea, 39, 350. 
 
 Bank of Montreal v. Taylor, 278. 
 
 Bank of Toronto v. Fanning, 709, 729, 
 
 730, 830, 854. 
 Bannerman and Yarmouth, In re, 472. 
 Barber and Ottawa, Re, 252, 263, 280. 
 
 — V. Rollinson,329. 
 
 — V. Roxbury, 487. 
 
 — V, Waite, 05. 
 
 Barclay v. Darlington, In re, 13, 242, 243 
 248. .394, C07, 924, 929. 
 -- V. Howell's Lessee, 516. 
 Bardswell v. Jamaica, 504. 
 Barker v. Commonwealth, 395, 434, 
 
 — V. Loom is, 250. 
 Karlow v. Norman, 429. 
 Barnard v. Poor, 390. 
 Barnes v. Ward, 526. 
 Barnett v. Newark, 220. 
 Barnstaple Case, 158. 
 Barraclough v. Johnson, 484. 
 Barrett, In re, 955. 
 
 Barrie v. Gillies, 527. 
 Barry v. Lowell, 439. 
 
 — V. Merchants' I<3xchange, 250. 
 Barter v. Commonwealth, .361, 363. 
 Bartlett V. Amherstburg, 11. 
 Barton v. Bricknell, 311. 
 
 — V. Dundas, 806. 
 
 — V. New Orleans, 1039. 
 
 — V. Piggot, 755, 
 
 — V. Syracuse, 493, 494. 
 Bass V. Columbus, 605. 
 Bassett v. Goodschall, 902. 
 Bate and Ottawa, In re, 606. 
 Bateman v. Hamilton, 404, 494. 
 
 — V. Marriott, 432. 
 Bath V. White, 928. 
 Bathurst v. Macpherson, 11,439. 
 Battle V. Mobile, 711. 
 
 Batty V. Duxbery, 491. 
 
 Bauman v. Vestry of St. Pancras, 430, 435. 
 
 Baxter v. Hesson, In re, 897. 
 
 — V. Kerr, 174, 250. 
 Bayley v. Jameson, 479. 
 Baynes v. Brewster, .328. 
 Beardsley v. Ontario Bank, 710. 
 Beaurojohn v. Mayor, -kc, 382. 
 Beaver v. Manchester, 509. 
 Becher v. Woods, 174. 
 Beckett and City of Toronto, .374. 
 
 — V. Grand Trunk R. W. Co., 498. 
 • - V. Johnston, 818, 839, 855, 856. 
 
 — V. Midland R. Co., 369, 573. 
 Beckwith v. Philby, .328, 329. 
 
 Beecher v. Derby Bridge Co. , 498. 
 Beekmau Street, In re, 384. 
 Beemer v, Grimsby, Re, 485, 521. 
 Beers v. Phoenix Glass Co. , 250. 
 Begg V. Township of Southwold, 568. 
 Belasco v. Hannant, 941. 
 Belcher v. Farrar, 10.39. 
 Bell and Black, Re, 240. 
 
 — and Manvers, In re, 68, 204. 
 
 — V. Crane, 503. 
 
 — V. Manvers, 153, 211. 
 
 — V. McClintock, 389. 
 
 — V. McLean, 276, 817, 832, 833, 845,. 
 848. 
 
 Bell Telephone Co. v. Belleville Electric 
 
 Light Co., 445. 
 Bellefontaine and Indiana Railroad Co. 
 
 v. Bailey, .388. 
 Bellefontaine R. W. Co. v. Hnntor, 495. 
 Belleville v. Judd, 174, 350. 
 Bemis v. Leonard, 134. 
 Bendle v. Watson, In re, 72. 
 Benedict v. Goit, 482. 
 Benjamin v. Andrews, 417. 
 
 — v. Wheeler, 503. 
 Bennett v. Birmingham, 711. 
 
 — v. Buffalo, 369. 
 
 — V. Scutt. 390. 
 
 Bentley, Rotherham and Kiml)erwortb 
 
 Local Board of Health, S. 
 Bergen v. Clarkaon, 177, 36J. 
 Berlin v. Grange, 709, 725, 769, .,12, 813, 
 
 823. 
 Bernard v. Brillon, 126. 
 Berryman v. Port Burwell Harbour Co.,. 
 
 354. 
 Berthier Election, 156. 
 Bessey and (irantham, 241. 
 Bethune v. Hughes, 452. 
 Beveridge v. Creelmau, 484, 519. 
 Beverly v. Barh)W, 13, 181, 185, 814. 
 
 — v. Barton, 205. 
 Bew V. Harston, 941. 
 Bewdley Case, 15(3. 
 Bickford v. Chatham, 605. 
 Biddle v. WcUand, 129. 
 
 Biddulph V. St. George's, Hanover Square 
 
 403. 
 Bigelow V. Hillman. 212. 
 
 — V. Randolph, 487. 
 
 — V. Rutland, 495. » 
 
 — V. Weston, 491. 
 Bigg V. London, 369, 573. 
 Biggar, In re, 137. * 
 Biggs V. Mitchell, 425. 
 
 I ' 
 
 i t 
 
 ,i t 
 
Xll 
 
 TABLE OF CASES. 
 
 Billings and (Gloucester, In re, 232, 242, 
 
 «)05. 
 — V. Worcester, 490. 
 Bills V. Kinsoii, 408. 
 Birdsall v. Asphodel, Re, 517. 
 Birmingham Churchwardens v. Shaw, 769. 
 Birnes v. Achison, 271. 
 Bishop, V. Fahay, 387. 
 Bissell V. Collins, 522. 
 
 — V. Kankakee, 305. 
 
 Bisseioks v. Bath Colliery Co., 318, 844, 
 
 S7'J. 
 Black V. Harrington, 725, 838, 855. 
 
 — V. Sackett, 453 
 
 — V. VVJiite, 248. 
 Blackburn Case, 157, 162. 
 
 — V. Parkinson, 584. 
 Bhicklock V. .Millihan, 410. 
 Blackuiore v. lx)ndon & South Western 
 
 II. \V. Co., (iJO. 
 Blackpool V. I>ennett, .325. 
 Blackwxll V 'J'oronto Street ItailwayCo., 
 
 495. 
 Bladuu V. Pliihulelphia, 204. 
 Blaikii; ami iiamilton. In re, 174. 
 Blair v. Foreliead, .386, 887. 
 Blak V. Midland Railway Co., 498. 
 iJlako V. Powell, 437. 
 Blakey v. Dinadale, 455. 
 Blashiil V. Cliambers, 8. 
 Blakiu V. Staples, 174. 
 Blanc.hard v. Bissell, 37, 217. 
 Bleakley v. Corporation of Prescott, 432. 
 
 V. Prescott, 491. 
 Blei'ker v. Mytr.s, 875. 
 Bliss V. Bueckh, 432, 495. 
 
 V. Lilley, 423, 425. 
 
 3G8. 
 
 Bloodgood V. Kaihoad Co., 
 Bloonlui V. StoUey, 45, 211. 
 Blooniijigton v. Hay, 49'.i. 
 
 V. Wahl, 452. 
 Blow V. Russell, 249. 
 Blundell V. Brettargh, 297. 
 Blunt V. Heslop, 78. 
 Blyth V. Birmingham Water Co., .39.3. 
 Board of Education of Perth and the 
 
 Town of Perth, 420. 
 Board of Police of London v. Talbot, 451. 
 Board of School Trustees and Sandwich, 
 
 In re, 218. 
 Board of School Trustees of Toronto, In 
 
 re, 331. 
 Board of Works v. Goodwin, 442. 
 Bobier v. Clay, 965, 960. 
 Booking v. Jouesj 325. 
 
 Bodenham v. Eicketts, 781. 
 Bodmin Case, 157, 158. 
 Bogart and Belleville, 239, 242, 244, 246, 
 355. 
 
 — V. Indianapolis, 382, 384. 
 
 — V. Township of Seymour, 1039, 
 1041. 
 
 Boley V. McLean, 411. 
 Bolt V. Ackroyd, 311. 
 Bond V. Kenosha, 712, 
 
 — V. Overseers of tlio Parish of St. 
 George, Hanover Square, 69. 
 
 Bonyard v. McWhirter, 781. 
 
 Boom V. Utica, 302. 
 
 Boom Co. V. Patterson, 368. 
 
 Boon V. Howard, 72. 
 
 Boone v, Utica, 1039. 
 
 Booth V. Gird wood, 844, 845. 
 
 — V. State, 426. 
 
 — V. Sutherland, 164. , 
 Boothroyd, lie. H14, 315. 
 Borrowma'. v. Mitchell, 479, 481. 
 Bosley v. Davi(;s, 396, 941. 
 Boston V. Lecraw, 354. 
 
 — V. Richardson, 393, 443. 
 
 — V. Scliafifer, 379, 380. 
 
 — V. Shaw, 438. 
 
 Boston Seamen's Friend Society v. Mayor, 
 
 &c., of Boston, 714. 
 Boston Turnpike Co. v. Pomfret, 18'. 
 Boswell V. Yarmouth, 491. 
 Bosworth V. Budgen, 214. 
 
 — V. Hearne, 213. 
 Both well Case, The, HI, 112. 
 Bott V. Ackroyd, 311. 
 Boughey v. Rowbotham, 904. 
 Boulton V. Peterborough, 220, 221, 239. 
 
 — V. Ruttau, 846, 848. 
 
 — V. York and Peel, 847, 866. 
 Bowditch V. Wakefield Local Board of 
 
 Health, 715, 729. 
 Bowman v. Troy and Boston Railroad (^io. , 
 
 388. 
 Boyd V. Kennedy, 305. 
 Boyer v. State, 500. 
 Boylan an<i Toronto, Re, 907. 
 Boyle V. Dundas, 488, 489, 492. 
 Brad burn v. (Jreat Western Railway Co., 
 498. 
 
 — V. Morris, 479. 
 Bradford Case, 158. 
 Bradley v. Brown, 495. 
 
 — v. London and North Western 
 
 Railway Co., 291. 
 Brady v. Insurance Co , 426. 
 
 Brady v. 
 
 — V. 
 
 Brandon 
 Brandt v. 
 Brant an( 
 Brantforc 
 
 11. 
 Brantigar 
 Branwell 
 Brash q. 
 Brayton 
 Brecon v. 
 Breeden 
 Brenan, '. 
 Breull, E: 
 Brewer B 
 Brick Pre 
 Bridge v. 
 
 — V. 
 
 — V. 
 
 Bridgepor 
 
 604. 
 Bridges v. 
 
 — V. 
 
 495, 4 
 Bridgewat 
 Bridgland 
 Brieswick 
 
 363. 
 Brigden v. 
 Brigga v, } 
 Bright antl 
 Brinkmeye 
 Briscoe, In 
 Bristow v. 
 Broadway 
 Brock V. S 
 
 — V. T 
 
 — Dist 
 Brockville 
 Broder v. I 
 Brodie and 
 
 244, 35 
 941. 
 
 Brogdin v. 
 
 Brooke v. ( 
 
 — V. 
 
 Brooker v. 
 Brooks and 
 Brophy an( 
 Broughton 
 Brown and 
 — and 
 
T^'BLE OF CASES. 
 
 • •• - 
 
 xni ■■ 
 
 246, 
 039, 
 
 [ St. 
 
 ay or, 
 
 239. 
 
 Ird of 
 Co., 
 
 ■Co., 
 
 stem 
 
 Brady v. Jones, 249. 
 — V. Lowell, 494. 
 Brandon v. Old, 938. 
 Brandt v, Craddock, 329. 
 Brant and Waterlo(^ In re, 300, 509, 510. 
 Brantford v. Grand Kiver Navigation Co. , 
 
 11. 
 Brantigam v. White, 959. 
 Branwell v. Penneck, 884. 
 Brash q. t. v, Taggart, 83, 875. 
 Brayton v. Fall Uiver, 404. 
 Brecon v. Edwards, 452, 455. 
 Breeden v. Capp, 781. 
 Brenan, In re, 137. 
 Brenll, Ex parte, 743. 
 Brewer Brick Co. v. Brewer, 356. 
 Brick Presbyterian Church, In re, 384. 
 Bridge v. Andrews, 59. 
 
 — V. Grand Junction Railway Co., 
 
 495. 
 
 — V. Page, 414. 
 
 Bridgeport v. Uausatomic Eailway Co., 
 
 604. 
 Bridges v. Griffin, 708. 
 
 — V. North London Railway Co., 
 495, 496. 
 
 Bridgewater Case, 156, 157. 
 
 Bridgland v. Shafter, 455. 
 
 Brieswick v. Mayor &c., of Brunswick, 
 
 363. 
 Brigden v. Heighs, 928. 
 Briggs V. Whipple, 204. 
 Bright and Toronto, In re, 924-929. 
 Brinkmeyer v. Evansville, 427. 
 Briscoe, In re, 372. 
 Bristow V. Cornwall, 290. 
 Broadway Baptist Church v. McAtle, 714. 
 Brock V. Stinson, 329. 
 
 — V. Toronto and Nipissing R. W. 
 
 Co., 176, 217, 221, 302, 527. 
 
 — District v. Bowen, 13, 870. 
 Brockville Case, 57, 68, 70, 71, 160, 161. 
 Broder v. Saillard, 399. 
 
 Brodie and Bowmanville, In re, 210, 239, 
 244, 394, 894, 895, 907, 913, 919, 929, 
 941. 
 
 Brogdin v. Bank of Upper Canada, 250. 
 
 Brooke v, Campbell, 826, 834. 
 
 — V. Mitchell, 295. 
 Brooker v. Wood, 969. 
 Brooks and Haldimand, 505. 
 Brophy and Gananoque, 13. 
 Broughton v. Brantford, 205. 
 Brown and Wallace, In re, 962. 
 
 — and York, In re, 244, 514. 
 
 Brown 
 
 — V. 
 
 — V. 
 -- V. 
 
 — V. 
 
 — V. 
 
 Bruce v. 
 
 V. Belleville, 11. 
 
 V. Carpenter, 386. 
 
 V. Hunn, 42(5. 
 
 V. Jefferson, 497. 
 
 V. Lindsay, 11, 321. 
 
 V. London and North Western R, 
 
 W. Co., 742. 
 V. Maryland, 425. , 
 
 V. McLaohlan, 8. 
 
 McNab, 173, 350. 
 
 Nicholson, 314. 
 
 Sarnia, 359, 523. 
 
 Tamplin, 774. 
 
 Vv^atson, 498. 
 
 Bruce, 69, 194. 
 
 — V. Cromar, 13, 870. 
 Ikumfit V. Bremner. 183, 732. 
 Brunei v. Cote St. Louis, .522. 
 Brussels v. Ronald, 350, 355, 357. 
 Bryan v. Bates, 328. 
 
 — V. Cattell, 131. 
 Bryant v. Beattie, 916. 
 
 Bryant and Pittsburg, In re, 221, 262. 
 
 — V. Hill, 849, 857. 
 Buchanan v. Frank, 844, 879. 
 
 — V. Young, 390, 
 Buchart v. Brant, 240, 241. 
 Euckbee v. Brown, 354. 
 Buckle v. Wrightson, 325. 
 Budge v. Parsons, 385. 
 Buell V. Buckingham, 170. 
 
 Buffalo and L. H. R. W. Co. v. Brooka- 
 
 banks, 1,34. 
 Buffalo V. Holloway, 493. 
 
 — V. Webster, 451. 
 Buist V. McCombe, 410. 
 BuUen v. Moodie, 441. 
 Bunham v. Boston, 489. 
 Burditt V. Swanson, 395. 
 Burford v. Grand Rapids, 444. 
 Burgess v. Clark, 63. 
 
 — V. Bank of Montreal, 842, 856. 
 Burleigh v. Campbell, 527. 
 
 — V. Hales, 527. 
 Burlington v. Kellar, 363. 
 Burnham v. Peterborough, 269. 
 Burns v. Toronto, 432, 488, 489. 
 Burritt and Marlborough, 368, 485. 
 Burt V. Boston, 431. 
 
 V. Knight, 296. 
 Martin, 270. 
 Railing, 157. 
 Seabury, 451. 
 Butchers Co. v. Bullock, 361, 872. - 
 — V. Morey, 213. 
 
 Burton 
 Bush V. 
 
 — V. 
 
 — V. 
 
 f' ■ 
 
 1 ! 
 
XIV 
 
 TABLE OF CASES. 
 
 Butler V. Bray Commissioners, 494. 
 Biitterfield v. Forrester, 495. 
 Biittrick V. Lowell, 330. 
 Blitz V. Muscatine, 271. 
 Byers v. Commonwealth, 396. 
 
 Cnesar and Cartwright, In re, 239. 
 Calder and Hebble Navigation Co. v. 
 
 Pilling. 214. 
 Caldwell v. Alton, 450. 
 
 — V. McLaren, 466. 
 Caledon v. Caledcm, 192. 
 C.iledouia Railroad Co. v. Ogilvy, 369. 
 C^ilkins V. Barger, 390. 
 
 — V. Hartford, 492. 
 Cilahan v. Baines, 134. 
 Callendar v. Marsh, 524. 
 Calwell V. Boone, 444. 
 Cimeron, In re, 855. 
 
 — and East Missouri, In re, 210, 
 
 253. 
 
 — V. Barnhart, 847. 
 
 — V. Cameron, 134. 
 
 — V. Wigle, 518. 
 
 — V. Wait, 530, 531. 
 Cimj/oell and Kingston, In re, 355, 458, 
 
 526. 
 
 — V. CorporationofElma, 10,806. 
 
 — V. Maund, 93. 
 
 — V. Seaman, 398, 
 
 — V, Twemlow, 297. 
 
 — V. York and Peel, 47. 
 <,'anada Southern R. W. Co. and Nowall, 
 
 In re, 370. 
 
 — Atlantic R. W. Co. v. Cambridge, 
 
 117, 238, 605, 606. 
 Atlantic R. W. Co. v. Ottawa, 
 217, 220, 222, 2.36, 242, 245, 
 605. 606. 
 
 — Co. V. Howard, 795, 798. 
 
 — V. Mi<ldlesex, 252, 253. 
 
 — V. Oxford, 209. 
 
 — P. Building Society v. Agnew^ 41, 
 
 836, 855, 867. 
 Canadian Land and Immigration Co. v. 
 Dysart, 553, 755, 767, 772. 
 
 — Loan and Emigration ('o. v. 
 
 Dysart, 780. 
 Canal and Walker Streets, In re, 755, 782. 
 
 — Banks and Supervisors, 250. 
 Canning v. Willianistown, 498. 
 Capel v. Child, 441. 
 
 Card V. Case. 410. 
 
 — V. City of Elle?worth, 491. 
 Carey v. City of Toronto, 484. 
 
 Carey v. Tate, 409. 
 
 Carke v. Stanford, 325. 
 
 Carleton v. Public School Board of 
 
 Ottawa, 381. 
 Carmichael v. Slater, 248. 
 Carpenter and Barton, In re, 522. 
 Carpenter and the Township of Bartoa, 
 
 In re, 261, 269, 534. 
 Carpenter v. Mason, 954. 
 Carr v. Jackson, 15. 
 
 — v. Northern Liberties, 439. 
 
 — v. Stringer, 458. 
 
 — V. St. Louis, 203. 
 Carrick v. Johnston, 479, 485. 
 Carroll v. Burgess, 856. 
 
 — V. Mayor, &c., 379. 
 
 — V. Perth, 243, 245. 
 CarroUton Railroad Co. v. Winthrop, 
 Carscallen v. Moodie, 807. [353. 
 Caraon v. Veitoh, 735, 806, 812. 
 Carstairs v, Taylor, 390. 
 
 Carter v. Dow, 215, 380. 
 
 — V. Sullivan, 41. 
 Cartwright v. Kingston, 745. 
 Cary v. Tate, 407. 
 
 Cashel Case, 156, 160. 
 
 Cass V. Bellows, 181. 
 
 Cassedy, v. Stockbridge, 495. 
 
 Castor v.Uxbridge, 10, 487, 488, 490, 491, 
 
 492, 493, 494, 495. 
 Caswell V. Cook, 453. 
 
 — V. St. Mary's Plank Road Co., 
 488, 490. 
 
 Catlin V. Hull, 747. 
 
 Caton V. Lewisham, 440. 
 
 Cattell V. Treson, 313, 941. 
 
 Cayiouette v. Girard, 968. 
 
 Cayley v. Foster, 844. 
 
 Central Park Extension, In re, 461. 
 
 — Vermont II. VV. Co. v. Town of 
 St. John's, 739. 
 
 Chamberlain and the United Counties of 
 Stormont, Dundas, and Glengarry, 
 Chaddockv. Wilbraham, 314,335. [420. 
 Chamberlain v. Dover, 181. 
 
 — V. Engfield, 492. 
 
 — V. Turner, 276, 806. 
 Chambers v. St. Louis, 20, 350. 
 Chapman v. Cook, 489. 
 
 v. Cripps, 479. 
 Charity Hospital v. Stiukney, 379. 
 Charkick, In re, 781. 
 Charles, Ex parte, 742. 
 
 — v. Dulm.ige, 817, 841. 
 
 — V. Lewis, In re, 72, 100. 
 
TABLE OF CASES. 
 
 XV 
 
 of 
 
 Charles River Bridge v. Warren Bridge, 
 
 216. 
 -Charleston v. Baptist Church, 213. 
 Charlesworth v. Ward, 8, 876. 
 Charlton v. Alway, 756, 757 . 
 
 — V. Watson, 862. 
 Chatham v. Houston, 322, 617. 
 
 — V. Sombra, 565. 
 Chauntler v. Kobinson, 729. 
 Cheatham v. Shearn, 401. 
 
 — V. Mayor, &c., of Manchester, 
 
 436. 
 Chelsea Water Works Co. v. Bowley, 707. 
 Cheltenham Case, 157, 158, 162. 
 Chicago V, Bixby, 491. 
 
 — V. Hasley, 318. 
 
 — V. Hoy, 492. 
 
 — V. Langlass, 497. 
 
 — V. l.arned, 711. 
 
 — V. Mark, 497. • 
 
 — V. McCartliy, 494. 
 
 — V. People, 585. 
 
 — V. Quimby, 362. 
 
 — V. Itunipff, 214. 
 
 — Danville, and Vincennes R. W. 
 Co. V. Smith, 604. 
 
 Chidsey v. Canton, 487, 498. 
 Chief Superintendent of Schools v. Far 
 rell, 814. 
 
 — V. Sylvester, 781. 
 Child V. Boston, 439. 
 Childress, v. Mayor, &c., 395. 
 Chilton V. Railway Co., 363. 
 Chilvers v. People, 215. 
 Chisholm v. Potter, 306. 
 Choate and Hope, In re, 530, 543. 
 Christie v. Johnstone. 732, 838. 
 Church V. Tiherryfield, 492. 
 
 — V. Fentoii, 714, 833, 834, 856. 
 
 — q. t. V. Hicbards, 379. 
 Churcher v. Bates, 858. 
 
 — V. Cousins, 875. 
 Churchwardens of St. George's Church v. 
 
 Grey, 525, 
 — of Birmingham v. Shaw, 
 
 756. 
 Cincinatti v. Bryson, 379. 
 
 — V. Buckingham, 365. 
 
 — v. Combs, 369. 
 
 — H. & D. Railroad Co. v. Wat- 
 erson, 388. 
 
 Cite de Montreal and Seminaire de St. 
 
 Sulpice, 712. 
 Citizens' Mutual Fire Ins. Co. v. Sortwell, 
 
 170, 172. 
 
 City V. Clutch, 379. 
 — V. Lamson, 250, 605. 
 
 — Council V. Ahrens, 213. 
 
 — V. Gilmer, 439. 
 
 — V. Payne, .328. 
 
 •* V. Pepper, 32-5. ' 
 
 — V. State, 711. 
 
 — V. Truchelut, 221. 
 
 — Fire Ins, Co. v. Corliss, 430. 
 
 — of Dixon V. Baker, 522. 
 
 — Halifax v. Walker, 487. 
 
 — Montreal and Walker, 32.^, 391. 
 
 — V. Cathedral, 714. 
 
 — V. Walker, 215. 
 
 — New Haven v. Sargent, 484, 574. 
 
 — Place ville v. Wilcox, 14. 
 
 — Quincy v. Jones, 522. 
 
 — Rekin v. Brereton, 485. 
 
 — Toronto and Scott, In re, 295. 
 — v. Bowes, 64. 
 
 — Railroad Co. v. Louisville, 443. 
 
 — V. Memphis, 443. 
 
 ClaiBn v. Hopkinton, 14. 
 Claiborne, In re, S68. 
 Clapp V. Thurlow, 269. 
 Clark and Township of Howard, Re, 211, 
 551, 571. 
 
 — V. Durham, 407. 
 
 — V. Foot, 390. 
 
 — V. Fry, 434. 
 
 — V. Hague, 385. 
 
 — V. Hoggins, 402. 
 
 — V. Lewis, 408. 
 
 — V. Lockport, 496. 
 
 — V. Overseers of the Parish of St. 
 
 Mary, Bury St. Edmunds, 730. 
 
 — V. Syracuse, .395. 
 
 — V. Waddell, 134. 
 Clarke and Howard, 547. 
 
 — V. Buchanan, 834. 
 
 — V. Davenport, 271. 
 
 — V. Durham, 409. 
 
 — V. Gant, 871. 
 
 — V. Garrett, 134. 
 
 — V. Imperial Gas Co. , 206. 
 
 — V. Palmerston, 252, 263, 268, 802. 
 
 — V. Stocken, 296. 
 Clarke's Case, 77, 362. 
 Claxton V. Shibley, 849, 854, 856. 
 Clayards v. Dethick, 496. 
 Claydon v. Green, 7, 916. 
 
 Clement v. Wentvt'orth, Ex rel, 606, 607. 
 Clementson v. Mason, 110, 126. 
 Clemsford Co. v. Demoreat, 185. 
 Clerk v. Tucket, 362. 
 
 t ', 
 
^vl 
 
 TABLE OF GASES. 
 
 Cleveland v. Gas Light Co., 401. 
 Ciine V. Cornwall, 435. 
 
 — V. Corn Willi, In re, 433. 
 Clinton v. Phillips, 214. 
 Clothier v. Webster, 440. 
 (loud V. 'I'urfery, 325. 
 
 Clowes V. Staffordshire Potteries Water 
 
 Works, 3()8. 
 Coates V. New York, 384. 
 
 — V. Town of Moncton, 718. 
 Cobb V. Kingman, 16. 
 Cobbett V. Slow man, ^13. 
 Cochran v. Hislop, 5?,7. 
 
 Codd V. Cabe, 33.S. 
 Codding v. Mansfield, 414. 
 Codrington v. Curlewis, 237. 
 Coe and Pickering, In re, 518. 
 
 — V. Pickering, 220. 
 
 — V. Wise, 354, 440. 
 Coffin V. Field, 409. 
 CoggswcU V. Lexington, 491. 
 Cogldan v. City of Ottawa, 440. 
 Colbeck V. Brantford, 487, 493. 
 Colbonie v. Town of Niagara Falls, 435, 
 
 444. 
 Colchester v. Watson, 487. 
 Cole V. Blake, 249. 
 
 — V. Green, 18.3. 
 
 — V. Muscatine, 524. 
 
 — V. Nashville, 415. 
 
 — V. Newburyport, 488. 
 
 — V. Sprowle, 500. 
 Coleman, In re, 240, 244. 
 
 - V. Kerr, In re, 331, 381, 802 814. 
 Coles County v. Allison, 77. 
 Collen V. Wright, 15. 
 CoUey V. Inhabitants, 494. 
 
 — V. Westbrook, 493. 
 Collier v. Early, 965. 
 
 Collins and Water Commissioners, 
 Ottawa, In re, 370. 
 
 — V. Council Blufifs, 497. 
 
 — V. Dorchester, 491, 492. 
 
 — V. Hatch, 211. 
 -- V. State, 129. 
 
 — V. Swindle, 64, 321. 
 Colquohoun and Berlin, In re, 299, 302, 
 
 370. 
 Colt V. Bishop of Coventry, 129. 
 Combe v. Pitt, 138. 
 Commercial Bank v. Cotton, 436. 
 
 — National Bank v. City of 
 
 lola, 356. 
 Commissioners v. Gas Co., 515. 
 — v. Hudson, 393. 
 
 Oommiaaioners v. Van Sickle, 401. 
 
 Cooper 
 
 — 
 
 of Leavenworth County v. 
 
 r 
 
 
 Millar, 604. 
 
 , 
 
 
 
 of Leith Harbour & Dock 
 
 __ , 
 
 
 V. Inspectors of the 
 
 Cope V. 
 
 
 Poor, 751), 785. 
 
 Co., 
 
 — 
 
 V. Powe, 1039. 
 
 Copelaui 
 
 Commonwealth v. Alger, 386. 
 
 
 — 
 
 V. Arrion, 176. 
 
 ('opes V. 
 
 — 
 
 V. Bacon, 204. 
 
 Copeley 
 Corbet v. 
 
 — 
 
 V. Bulding, 500. 
 
 — 
 
 V. Bowman, 421. 
 
 — V. 
 
 — 
 
 V. Charleston, 368. 
 
 Corbett v 
 
 — 
 
 V. Commissioners, 77. 
 
 Corby v. 
 Cork V. S 
 
 — 
 
 V. Curtis, 424. 
 
 — 
 
 V. DeerHeld, 504. 
 
 Cormnnn 
 
 — 
 
 V. Dow. .387. 
 
 Co., 4 
 
 — 
 
 V. Duquet, 16. 
 
 Cornell v. 
 
 — 
 
 V. Fahey, 334. 
 
 Cornish v. 
 
 — 
 
 V. Hastings, 328. 
 
 Cornwall ( 
 
 — 
 
 V. King, 434. 
 
 — V 
 
 — 
 
 V. Leech, 755. 
 
 14. 
 
 — 
 
 V. Newbury, 484. 
 
 Cornwell v 
 
 — 
 
 V. Passmore, 433. 
 
 — V. 
 
 — 
 
 V. Pittsburg,250,271,307. 
 
 
 — 
 
 V. Kice, 454. 
 
 Cornwall v. 
 
 — 
 
 V. Robertson, 442. 
 
 Coi-poration 
 
 — 
 
 V. Roxbury, 354. 
 
 
 — 
 
 V. Rush, 421. 
 
 — 
 
 — 
 
 V. Stodder, 380, 442. 
 
 
 
 
 V. Tobin, 329. 
 
 
 — 
 
 V. Woelper, 68. 
 
 — ■ 
 
 — 
 
 V. Wolbert, 184. 
 
 
 — 
 
 ex rel Shea v. Leeds, 
 
 Cortis V. Ke 
 
 
 970. 
 
 C'ory V. Hi-is 
 
 Conboy v. 
 
 Iowa, 220. 
 
 ('otter and C 
 
 Concord v 
 
 . Boscawen, 2i>. 
 
 — V. Dot 
 
 Conger and Peterborough, In re, 239, 241, | 
 
 — V. Sut 
 
 524. 
 
 
 8.-)4. 
 
 Congreve 
 
 V. Morgan, 491. 
 
 Cotton V. Da 
 
 Connehan 
 
 V. Ford, 600. 
 
 — V. Ha 
 
 Connor v. 
 
 Douglass, 802, 811, 836, 852. 
 
 C 
 
 V. 
 
 McPherson, 8.33. 
 
 — V. Wo 
 
 Consolidated Bank v. Bickford, 879. | 
 
 Coulbert v. 'I' 
 
 Conyera v 
 
 . State, 379. 1 
 
 County of Car 
 
 Cook and Humber, In re, 72. 
 
 of 
 
 — V. Charlestown, 492. 
 
 — We 
 
 — V. Jones, 802, 8.34, 852. 
 
 
 — V. Milwaukee, 490. 
 
 
 
 — V. Ward, 16. 
 
 
 Cooke V. ! 
 
 Shadrate, 458. 1 
 
 — Yor] 
 
 Coombs and Middlesex, In re, 335. | 
 
 and Conci 
 
 — V 
 
 Purrington, 489. 1 
 
 Coventry Case 
 
 Cooper V. 
 
 Board of Works for Wansworth 1 
 
 Cowles V. Gah 
 
 
 District, 430, 441. 1 
 
 — V. Kid 
 
mty V. 
 
 Dock 
 f the 
 
 ,307. 
 
 eds, 
 241, 
 
 R. W 
 
 Cooper V. Goatling, 70. 372, 
 ^' ^'SOoriie, 941 
 
 Cope^v. T,,.„„, ,„'.^M. ^___, ^^^^^^^ 
 < »Pela„,I, Kx parte, 7o„ 
 vupsiey V. Burton ON 
 
 Corhyv. Hill, ,j,2"-^- . 
 ^,2^ V. SlnnkH-in, 452 
 
 Co. 49^i '*"'" C.*ountie8 
 
 14. ''•^''^'''^"'■^"^""f West Missouri 
 
 Cormvell V. E,„,ie, 38(5 ' 
 
 ''• ^^'^^JfU'-lit-n Commissioners 
 
 Cornwall V VFe V'^'^"'' >^^' '^^fi. ""^^ 
 
 Co.porationoft,S:r""\S 
 
 188 AJcLlroy, 184, 
 
 ( ory V. B,i.st,)u- rJ ''' ^^"•' -«»• 
 
 Cotter and D,ul ;'.,/*. t 
 Z -■ Dot" 405 "' ^" '•°' 243. 
 ,.]•• Sutherlancl, 833, 836, 843. 852 
 CWon V. Davies 171 
 
 V. Hgrnilt^m un.l Toronto N. W. 
 — V. Wood, 492 
 
 Coulbertv. Troke, 911 
 <ountyofCarleto„v.p„,,i:,., ,^ 
 __ .vlr'^^'-^issi?^^'^''^^ Board 
 
 ^^^"-gton V. Township of 
 
 ^- lownship of 
 — York V Toronf. ^^^'I'not. 18. 
 
 ami Concrete (o7Sl" ^'""""^ ^"^^ 
 Coventry Case, 157 158 
 Bowles V. Gale, 916. 
 — V. Kidder, 389. 
 c 
 
 TABLE OP CASES. 
 
 xvii 
 
 Cox V. Glue. 481 
 3 ^- Griffin, 4(;i. 
 
 Crane V.Holland, 131 
 
 Crawford v.Be;Utio.L6, .337, 953 
 
 Crawshaw^^tS'/^ts''^- " 
 Crea.se v. Babcock. S "^• 
 Credit Valley II w \' 
 ., .Peel Bonus,' Re' o^'^o' '""^ t.«»nty of 
 Creighton v. Ncc;tt,'l99 
 Crepps V Durden. .3«l 
 CroftandJWke,In;,.2,7.243 
 
 V- i eterboroucrh oia ^oa 
 '^ronan v \r„„,- • r- ' "" "' o22. 
 
 ^ ^- Jjiantiord ''17 "•'■^. 
 
 Cross V.Ottawa, 2(;9.'^'^- 
 
 — V. VVatts, 927 ^'^n 
 Crossby v. Warren;'408 ' 
 
 f^-wder v^KliJlSrS' ' '''• 
 C'owev. Steeper, 209on .^q 
 Cruger v. Railroad c' 4,h^^- 
 
 cAtt';-I^;t;Lff-ia.569.- 
 
 ^"''''-v.'S;slEr'oi^»-.370,372. 
 Cunmngv. Sibley, ^7o''^'3«^- 
 ^"•".njgham v. Ibno'; 
 
 CS "ir^^^^^- I. 532. 
 vvurtis, Lx parte, 773 
 
 __ V- bright. 774. 
 „ . v. Leavit '^'in 
 Curtiss V. Hoytf50"0.'- 
 Cu wen V. Salkeld, 454 
 
 Cuslung V. Adams, 434 
 C slung V. Bedford. 492 
 C shmau V. Smith. 371 
 C thbert V. Street I34 
 Cuttuig V. Stone. 19 
 
 Almonte, In re, 46, 212, 
 
 ^^^S^^-^- W^o., 498. 
 
 S^'"«". V. InhabTtaJts ofsS ^.""J'' ^«- 
 Danard v. Chatham l-l ^cituate, 496. 
 I>a"ford V. Taylor; 94t:^- 
 
 J ' 
 
 f,C' "if ' 
 
xvm 
 
 TABLE OF CASES. 
 
 li'i 
 
 II 
 
 Daniel v. North, 483. 
 
 Daniels and Burtonl, In re, 239. 
 
 — V. Buiforcl, 174, 176, 186, 202, 209. 
 .- V. People, 500. 
 
 Dansey v. Ricliai-flson, 62. 
 Darby v. Oosons, 781. 
 
 — V. Crowland, 11, 210, 440, 546. 
 Dargan v. Davies, 410. 
 
 — V. Wacl.lell,395. 
 Dark v. Huron and Bruce, 335. 
 Darling v. Westmoreland, 492. 
 Darlington v. Commonwealth, 369. 
 Dartmouth College v. Woodward, 10. 
 Dartnell and Quarter Sessions, lu re, 468. 
 Davenport v. Kelly, 451, 452. 
 
 — V. Kuckman, 496. 
 Davidson and Quarter Sessions, In re, 468. 
 
 — an<l Waterloo, 846. 
 
 Davies and the Village of Clifton, In re, 
 435. 
 
 — v. Stephen, 484. 
 Davis and Clifton, Re, 398. 
 
 — v Bangor, 488, 491. 
 
 — v. Munson, 414. 
 
 — V. Now York, 443. 
 
 — v. Russell, 329. 
 
 — v. Sorace, 911. 
 
 — v. Toronto, 220. 
 
 — V. Williams, 407. 
 
 Davison Colleue v. Chambers' Executors, 
 3.-)0. 
 
 — et al. v. Cill, 79. 
 
 Daw v. Metropolitan Board of Works, 
 
 437. 
 Dawes v. Hawkins, 479, 481. 
 Dawson v. Wilkinson, 269. 
 D.iv V. (ireen, 443. 
 
 — V. Lnhke, 916. 
 Dual V. Scliolield, 928. 
 Dean V. McCarthy, 390. 
 DcBUuiuiere v. Beclier, 806, 810. 
 
 — V. McoUer, 731, 736. 
 
 Decatur v. Fisher, 497. 
 DeHaber v. <^)ueen of Portugal, 781. 
 ])e La lla^'o v. i'ltronto. In re, 239. 
 Deming v. Inhabit mts ai Houlton, 305. 
 Dempsey v. ( 'ity of Toronto, 205. 
 Den v. Vreclandt, 12. 
 Denison v. Cumiingliam, 407. 
 Denne and I'elciborough, 277. 
 Dennis v. Hiiulius, 368, 369. 514, 516. 
 Deunison v. Hi^nry, 72."), 728, 746. 
 Denniston v. Clark, 484. 
 Denton and Marshall, In re, 781. 
 
 — v. Jack«on, 2i). 
 
 Denton v. Lord Mawers, 8. 
 
 De Ponthieu v. Pennyfeather, 515, 522. 
 
 Derecourt v. Corbishley, 329. 
 
 Dermont v. Detroit, 439. 
 
 Detroit v. Blakeley, 494. 
 
 — v. Corey, 493. 
 Devanney v. Dorr, 724, 803. 
 Deverill v. Coe, 819, 852, 853, 8.'>5, 856. 
 
 — V. Grand Trunk R. W. Co., 492. 
 De Voss V. Richmond, 250. 
 
 Devoy v. New York, 204. 
 Dewey v. Detroit, 493. 
 
 — v; White. 430. 
 Dickenson v. Fitchburg, 370. 
 Dickson and Gait, In re, 271, 470, 736. 
 Dillon V. Township of Raleigh, 562. 
 Dimes v. Petley, 399. 
 
 Dimoch v. Suttield, 492. 
 
 Dinsmore v. Duncan, 305. 
 
 Directors of the Poor v. School Directors, 
 
 716. 
 Divisional Council of the Cape Division 
 
 and De Villiers, .368. 
 Dixon V. Birch, 62. 
 
 — V. Metropolitan Board of W^orks, 
 
 — V. Roljinson, 454. [1054. 
 Dol)ie V. TuUy, 829. 
 
 Dobsoii V. .Jones, 730. 
 
 Doe d. Anderson v. Todd, 17.3. 
 
 — d. 15oll V. Orr, 817,848. 
 
 — Bell V. Roauniorc, 829, 832, 834, 854. 
 
 — Brennan v. O'Ncil, 850. 
 
 — d. (Jovernera of Bristol Hospital v. 
 
 Norton. 1.3. 
 
 — d. Hay v. Hunt, 56. 
 
 — d. Hutchinson v. Manchester, &c. , 
 
 R. W. Co., 371. 
 
 — d. McGill V. Langton, 271, 524, 711, 
 
 838. 
 
 — Mountcaaliel v. (j rover. 834. 
 
 — d. Patterson v. Davis, .56. 
 
 — d. Powell V. Piori.son. 829. 
 
 — Robinson v. Clarke, 5(5. 
 
 — d. .Sherwood v. Matheson, 854. ' 
 
 — Statu V. Smith, 834. 
 
 — d. Stata V. Smith, 817. 
 
 — St. .lulian, Shrowslniry v. Cowlev, 
 
 459. 
 
 — d. Tennyson v. Yarborough, 706. 
 
 — d. Upper v. Edwards, 725. 
 
 — Upper V. Edwards, 817, 829, 838. 
 
 — d. Vancott v. Read, 173. 
 Doherty and Toronto, 286. 
 
 — V. Toronto, In re, 381. 
 
 — V. Waltham, 491, 
 
TABLE OF OASES. 
 
 XIX 
 
 Dolan V. Kavanagh, 453. 
 Donaldson v. Boston, 49.3. 
 Donelly and Clarke, In re, 919. 
 Donnaber v. State, 443. 
 Donovan v. Vicksburg, 365. 
 Dorchester v. Ensor, 452. 
 Dorman v. Jacksonville, 524. 
 
 — In re, 399. 
 Douglas, In re, 399. 
 
 — V. Fox. 1019. 
 
 — V. Virginia (Jity, 307. 
 Doiiglass V. Patrick, 249. 
 Dove V. Dove, 735. 
 
 Dover and Chatham, 563. 
 
 — Re, 563, 564, 566. 
 
 • — V. IVombly, 185. 
 Dowling V. Byrne, 453. 
 Downer V. Boston, 438. 
 Downing v. Rug;ir, 177. 
 Drake's Case, 902. 
 Drew V. New lliver Co., 440. 
 Drewer v. Western Railroad, 370. 
 Droglieda Case, 118. 162. 
 Drope V. Hamilton, In re, 243, 244. 
 Drury v. Worcester, 489. 
 Dryden v. Overseers of Putney, 584. 
 Duanesburgh v. Jenkins, 605. 
 Dublin Case, 160. 
 
 — Wicklow, and Wexford R. W. 
 
 Co. v. Slattery, 495. 
 Dubney v. Cooper, 170. 
 Dubois v. Augusta, 1039. 
 Dubois V. Budlong, 401. 
 Dubuque County v. Dubuque and Pacific 
 R. W. Co., 604. 
 
 — V. Miller, 459. 
 
 — V. Stout, 354. 
 
 — V. ^V^ooten, 594. 
 Duck V. Addington, .S25. 
 
 — V. Toronto, 491, 493. 
 Ducksworth v. Johnson, 498. 
 Dudman v. Vigar, 738. 
 Duer V. Small, 744. 
 
 Dugan V. Bridge Co. , 506. 
 Dugdale v. Regina, .394. 
 Duigenan's Case, 72. 
 Duke V, Rome, 415. 
 
 Duke of Bucoleuch v. Metropolitan Board 
 of Works, 369, 573. 
 — Marlborough's Estates, Re, 373. 
 Dungarvan Case, Itl-I. 
 Dungey v. Mayor, &c., of L(mdon, .369. 
 Dunham v. llocheater, 214, 380, 452. 
 Dunlop and Douro, In re, 381. 
 
 — V. Canada Southern R. W. Co. 373. 
 
 Dunlop V. York, 370, 374, 618. 
 lJunn,>r. Birmingham Canal Co., 369. 
 Durant v. Carter, 70. 
 
 — V. Jersey City, 694. 
 Durkin v. Troy, 490. 
 Durnesnil v. Dupont, 401. 
 Dutton V. Strong, 353. 
 
 Dwight V. County CommissioQers o£ 
 
 Hampden, 370. 
 Dyckman v. New York, 369. 
 
 Earl of Radnor v. Reeve, 769. 
 
 — of Shrewsbury v. North StafForil- 
 shire R. W. Co., 373. 
 
 Earle v. Stocker, 296. 
 East Hartford v. Hartford Bridge Co., 
 215, 216. 
 
 — Lincolnshire R. Act, In re, 370, 372, 
 
 374. 
 
 — London Water AVorks Co. v. Leyton 
 
 Sewer Authority, 708. 
 
 — Nissouri v. Horseman, 15, 174, 176, 
 
 186, 202, 289. 
 
 — I'eterborough Case, 156. 
 
 — Saginaw Manufacturing Co. v. City 
 
 of East Saginaw, 278. 
 - St. Louis V. St. John, 368. 
 
 — Toronto Case, 159, 163. 
 
 — Zorra v. Douglas, 184, 188. 
 Eastern District Council v. Hutchins, 870. 
 
 — Railroad Co., 386. 
 Eastman v. Meredith, 354, 427. 
 Easton's Case, 313. 
 
 Eaton V. Boston, Concord and Montreal 
 
 Railroad, 3()9. 
 Ecolesiastioiil Commissioners v. Clerken- 
 
 well, 435. 
 Edgar v. Nortliern R. W. Co. , 495. 
 Edgewai'e Highway Board v. Harrow Gas 
 
 Co., 393. 
 Edinburgh Life Assurance Co. v. Fergu- 
 son, 838, 845, 854. 
 
 — v. St. Catharines, 260, 270, 280. 
 Edwards v. Hall, 708. 
 Eggington, Ex parte, 313. 
 Egremont v. Saul, 421. 
 Elvins, V. Bruce, 47. 
 ICIderslie v. Paisley. 48, 270. 
 Eldon and Ferguson, In re, 194, 288, 289, 
 
 290, 300. 
 Election of Reeve of Edwardsburg, In 
 
 re, I'.'O. 
 Elendorf v. New York. 183. 
 Elias V. Nightingale, .399, 401. 
 Eliott V. Majendie, 426. 
 
 1 "" 
 
 . ? 
 
 
 !, 
 
 
 't 
 
 i!! 
 
 i' ! 
 
 
XX 
 
 TABLE OF CASG8. 
 
 
 
 i'lite 
 
 Elizabothtowii v. Brockville, 1053. 
 Elliott and South Uevon l\. W. Co., 200. 
 
 — V. Chicago, M\, 
 
 _ V. South iJovon R. \V. Co., (ilO. 
 Ellis V. (.'orponition of Hridgenortii, 454. 
 -- V. l.oftii8 Iron Ci)., 410. 
 
 — V, ShuHithKJiiHCo., 393. 
 Elmundorf V. Now YorU, ID. 
 Elstoii V. (Jra\vti)nlMville, 37. 
 
 — V. Itose, 770. 
 Elwood V. Huliook, 214. 
 Ely V. SuporvisorH, 305. 
 Einl)ary v. Cdiiiior, 308. 
 Emory's Caso, U)7. 
 Emery v, Wii.sc, 'JOtJ. 
 Kmmertoii v. Miitthows, 405. 
 Empire City IJaiikH, lie, 74(1. 
 Enghuul V. Davidson, 414. 
 
 Episcopal (Uiiiritable Society v. Episcopal 
 
 Church, 13. 
 Ernst V. Kunklc, .')'i4. 
 Errinijton v. Dunihlc, S.S'J, 834. 
 Erskino v. Adcanc, 387. 
 Erwin and T(»wnscncl, '227. 
 Essex and Kochcstir, In re, 503, 5G4. 
 
 — Election, In re, (id. 
 
 — V. Park, 185, 883. ' . 
 
 — V. Strong. 184. 
 Ethprington v. Wilson, 60. 
 p]vans i'^x jiarte, 781. 
 
 — - V. Wriglit, 812. 
 Everard v. Kendall, 78 1. 
 Everett v. (i rapes, .308. 
 
 Evergreen Cemetery A.ssocitttion v. City 
 
 of New Haven, 382. 
 Every v. Smith, 4S1. 
 Exchange Alley, In re, 308. 
 Exeter v. Sturrc, I OS. 
 
 Fair v. London an.l N. W. li. Co., 407. 
 - V. Moure, 12, 217. 
 Fairbairn and Sandwich East, In ro, 230. 
 Falle and Tiisonlmrg, In re, 513. 
 Fallick V. Bar!)er, 414. 
 Fallon, Ex parte, 1.34. 
 Fannesmore v. New Orleans, .354. 
 Farewell v. Cand>ridge, 370. 
 Farmers' Loan and Trust Co. v. Commer- 
 cial }Jank, 710. 
 •— V. Hendrick- 
 
 son, 710. 
 Farquhar v. Toronto, 452. 
 Farrar v. Greene, 405. 
 Farrell v. London, 11, 440. 
 Faulkner v. Aurora, 443, 444. 
 
 Fawn V. Kcicliart, 390. 
 
 Fazakerloy v. Wiltshire, 361. 
 
 Kcantz v. MeadoWM, H50. 
 
 Fearon v. Mitchell, 4.')3. 
 
 Feital V. Mid.lJesex W. W. Co., 492. 
 
 KenncU ami (iuelph, 3(il, 4.52, 4.57. 
 
 Fcnton and County of Simcoe, He, 230. 
 
 — V. McColhim, 8.34. 
 
 — V. MeWain, 835, 85(>. 
 
 — V. Simcoc, l!e, 242, 245. 
 
 — V. County of Simcoo, 16. 
 Fenwick v. Laycock, 423. 
 
 Ferguson and the Township of ilowick, 
 In re, .55.3, 550. 
 
 — V. Crittenden, 170. 
 
 — V. Freeman, S45, 848. 
 Fcrrars v. ('oniniissioners of Lewis, 523. 
 Fetterly v. Hu.sseil and (,'and>ridge, 11. 
 Field V. Conniionwealtli, 205. 
 
 — - V. Des Moines, .380. 
 
 — V. (Jirard College, 17!), 352. 
 
 — V. Kemp, 478. 
 Filbey v. Cond)e, 420. 
 Fillitcr V. I'iiijipard, .390. 
 Fincli V. Blundeli, 058. 
 
 Fire Department v. Ilelfenstein, 215. 
 First Presbyterian Cliurch v. Fort 
 
 Wayne, 714. 
 Fisher and \'auglian, In re, 241. 
 
 — V. Boston, 4". 
 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 
 Clisbie, 216. 
 
 llairisburgh, 361. 
 
 Howard, !H1. 
 
 McCiir, 386. 
 
 I'rowse, 483, 484. 
 
 Vaugluin, 13, 200, .360, 514, 
 
 517. 
 Fitz V. Ikjston, 488. 
 Fit/gerald V. Wilson, 834. 840. 
 Fitzgibbon v. Toronto. 481. 
 Flagg V. \Vorcester, 4.30. 
 Fleniing v. McNabb, 830. 
 
 — V. McNaughton, 41. 
 Fletcher and JMiphiasia, 272, 273. 
 
 — V. Euphrasia, 208. 
 
 — V. Kylands, .300. 
 
 — V. Wilkins, 756. 
 Flewellyn v. Webster, 13. 
 Flower v. Adam, 495. 
 Floyd V. Turner, 371. 
 Flynn V. Canton Co., 432. 
 Foley V. Moodie, 820. 
 
 Folhardv. Metropolitan R. W. Co., 132. 
 Follett V. People, 504. 
 Folsom V. Uiulerhill, 497, 500. 
 
TADLE OF CASKS. 
 
 XXI 
 
 <, 
 
 Foote V. Salom, 271. 
 Ford V. Boon, 7'2. 
 
 — V. Hart, 70. 
 
 — V. McArthur, In re, 416. 
 
 — V. I'rouilfoot, •_'7<), HI 7, 832, 833, 
 
 855. 
 
 — V. Vye, 70. 
 Fonlyco v. l{ri(l>,'C8, 7. 
 Foreman v. Oantcrlmry, 401, 400. 
 
 — V. Mayor of Canterlmry, 404. 
 Forester and the (Joinoration of Rosh, 
 
 331. 
 Forster v. Forstor, 770. 
 Forsyth v. 'I'ho Mayor, &e., of Atlanta, 
 
 426. 
 Fort Kdward Plank Koad Co.'' v. I'aync, 
 
 482. 
 Fort Plain liridge C'o. v. Smith, 506. 
 Fosdicli V. I'orryHlnirg, 271. 
 FosHett V. Hearce, iijji. 
 Foster V. The Oxford, ike, W. W. Vo., 
 65. 
 
 — V. 'riuirHtoii, 000. 
 Fowlo V. Alexandria, 415. 
 Fowler v. liookc, 325. 
 
 — V. Parwons, 763. 
 Fox V. Dalhy, 7.30. 
 
 — V. (ilastenlmrv, 406. 
 
 — V. Saekett, 406. 
 
 Franchon v. St. 'i'liomas, 724, 728. 
 
 Francis v. (Jockrcll, 354. 
 
 Frank, In re, 208. 
 
 Frankford Passenger Co. v. Philadelphia, 
 
 444. 
 Frankfort R. Co. v. Philadelpliia, 325. 
 Franklin v. Stmth Eastern H. W. Co., 
 408. 
 
 — Wliarf Co. V. Portland, 404. 
 Fraser and Eseott, In re, 042. 
 
 — V. Mattice, S20, 844. 
 
 — V. Page, 806, 807. 
 
 — V. Stormont, Dundaa and CJlen- 
 
 garry, 241. 
 Frazer v. Page, 808. 
 Frederick v. Lookup, 876. 
 Freemantle v. The Company of Silk 
 
 Throwsters, 213. 
 Freeport v. Isbell, 400, 600. 
 French v. Rrunswick, 488. 
 
 -.- V. Teschemaker, 605. 
 Fritsch v. Alleghany, 402. 
 Fritz V. Hobson, 434. 
 Frontenac v. Breden, 185, 104. 
 
 — V. Kingston, 74, 268, 270. 
 Frost V. Wahiiam, 406. 
 
 Fry's lOloetion, 70. 
 
 Fry V. Tanaon, 287. 
 
 Fryer v. iVxlenham, 730. 
 
 Fiinaton and Tilbury Ilast, Re, 550. 
 
 Furlong V. Carroll, 300. 
 
 Furman Street, In re, 370. 
 
 (Jabriel v. Clarke, 131. 
 
 (ialbreath v. Armour, 443. 
 
 dale V. South Herwick, 413. 
 
 (lalena v. Corwith, 250, 251. 
 
 frftll V. (Cincinnati, 454. 
 
 (lallerno and the Township of Rochester. 
 
 Re, 550. 
 (Jalliard v. f.axton, .333. 
 (ialway Case, 102. 
 (}ananr)(]ue v. Stunden, 188. 
 (Jas Co. and Ottawa, In re, 707. 
 Ciasken'rt Cuhc, 20.5. 
 (iatcs V. Deiawan! (bounty, 130. 
 
 — V. Devenish, 472. . 
 
 — V. Tinning, 306. 
 flaunt V. Fvnney. .300. 
 Clay V. Cadby, 420. 
 
 (ieddis V. P>ann l^eservoir Co., 300. 
 (ice V. Lancashire, iVc, R. W. Co., 497. 
 
 — V. Metropolitan R. W. Co., 405. 
 
 — V. Welden. 872. 
 Celpeke v. Dubucpie, 605. 
 (xcrrard v. Cooke, 435. 
 C.orry v. Stoneham, 14. 
 (lib!) and Moore, 200. 
 (iibbon V. Railroad Co., 271. 
 (iibbons v. Ogdcn, 1030. 
 (Jibbs V. Liverpool Docks, 354. 
 iiibson and Huron and IJruce, 785, 786. 
 
 — V. Bailey, 181. 
 
 — V. Bruce, In ro, 221. 
 
 — V. Fast India Co., 206. 
 
 — V. Lovell, 810, 811. 
 
 — V, Mayor of Preston, 404. 
 Gifford and Darlington, In re, 007. 
 Gilbert v. Roxbury, 400. 
 
 CJilchrist and The Corporation of Sullivan, 
 In re, 253. 
 
 — V. <;arden, 490, 541. 
 
 — V. Tobin, 846. 
 
 (liles V. Campbell, 435. . 
 
 (iillespie v. Hamilton, 829, 
 
 Gillson V. North Grey R. W. Co., 390. 
 
 Gilman v. Lavonia, 404. 
 
 Gilmore v. Holt, 408. 
 
 — V. Lewis, 203, 414. 
 Girard v. New Orleans, 26. 
 
 — V. Philadelphia, 37. 
 
 m 
 
 i'' ! 
 
 r 
 
 i -p 
 
xxii 
 
 TABLU OF OASEH. 
 
 tl 
 
 Olaai V, VVIcinoro, 327. 
 Glvaaoii v. VVilliaiiis, M(i, 0(i8. 
 Oljok V. DaviilMoii, 41. 
 CioManiitlt v. (.ondon, 489. 
 GoliUliwiiit V. KaatHriilgwatcr. 488. 
 Oootlliuo, In iv, 744. 
 Oooiliiittii V. Siiyers, '2W]. 
 Goodtitlo (I. Clit'Htor v. Alkor, 481. 
 Qooiiwiii and Ottawa and I'lOHrott H. VV. 
 
 Co., In r«, 13. 
 Gordon v. Appeal Tax Court, 719. 
 
 — V. Hkltiniort), 719. 
 
 — V. BelluvilK', 491, 496. 
 Gorbani v. Springtield, 10, 3U. 
 Gornuin v. }k*a;^'liitn, 776. 
 Gosling V. Vfley, 209. 
 Goiigli V. Ilunlniun, 870. 
 Governor v. Mereditli, 38(>. 
 Governor, Ac, of Mriti^li Cast I'late 
 
 ManufacturtTH v. Mt;redith, 309. 
 Governors of Hristol Poor v. Wait, 750, 
 
 767. 
 Governors of St. Thomas Plospital v. 
 
 Charinu Cross U. \V. Co., 372. 
 Graham v. King, 577. 
 Grand Junction K. W. Co. v. County of 
 
 Hastings, 350. 
 Grant and I'ualinuh, 209. 
 
 — and Toronto, In re, 243, 245, 240. 
 
 — v. (iilmour, 834, 845, 
 
 — v. 
 -- v. 
 
 — v. 
 494. 
 
 — V. 
 
 Grassick 
 
 Hamilton, 318, 319, -844. 
 Ix)cal Moard of Oxford, 730. 
 Sligo Harbour Commissioners, 
 
 Wilson, 807. 
 
 V. Toronto, 487. 
 Graves v. Shattuok, 392. 
 Gray v. Dunda.s, 359, 404. 
 
 — V, Iowa Laud Co., 515, 516. 
 
 — V. Shehlon, 19. 
 
 — V. Town of Dundas, 404. 
 
 Great Eastern I!. W. Co. v. ( ioldsmid, 452, 
 Great Western \i. W. Co. and ('ayuga, 
 
 45, 212. 
 
 — v. Haiii, S(»7. 
 
 — v. Kririe, 458. 
 
 — v. Ferman, 739. 
 
 — V. Rogers, 739, 808. 
 
 — V, Kouse, 712, 739, 
 
 750. 757. 
 
 — V. West liromwich 
 
 Commissioners, 
 584. 
 Greaves v. Great Northern R. W. Co., 
 
 Greaves v. Newfoundland Co., 870. 
 (Jrece v. Hunt, 800. 
 Green v. Cape May, 208. 
 
 — v. Cheek. 10. 
 v. Claydon, 7. 
 
 — v. l)aid)V. MM). 
 
 — v. Durham, 213. 
 
 — v. Mayor of Ihirham, 454. 
 
 — V. Town of Uridgo Creek, 499. 
 
 — V. Town.ship of (irford, 501. 
 Greenstreet v. Paris, 845, 855, 
 Gregg V. Smith, 417. 
 
 Gregory v. Adams, 500. 
 
 - V. Raihoad Co., .399. 
 
 — V. Tufl'M, 924. 
 
 Oi%ig V. University of Kdinlnirgh, 718. 
 (»row V. lireed, 750. ^ 
 
 (Jrey v. Pullen, 493. 
 
 iJreystoek and Otonoheo, In re, 907, 912, 
 ({rier v. IMunket, 302. [929. 
 
 — V. St. Vincint, 24.3, 245, 273, 802. 
 (iricrson and Ontario, 243, 254. 
 
 — V. Ontario, 209, 242, 271, 274. 
 Griffin v. City of Hamilton, 341. 
 
 — V. Coleman, 329. 
 Griffith V. Harris, 314. 
 
 Grimshawe v. Grand Trunk R. W. Co., 
 
 .371. 
 Griniiam v. Wi]l(!y,329. 
 (iriswold v. P.ay City, 484. 
 Grocers' Co. v. Don no, 440. 
 (iroenvcit v. Hurwell, 750. 
 Grove V. Fort Wayne, 432. 
 Grover v. Hontems, 774, 775. 
 (Juardians of Holiiorn Union v. Vestry of 
 
 St. Leonard, Shoreditch, 429. 
 Guclnh V. Canada Co., 350, 470, 716. 
 Guildford Case, 1.57. 
 (iuiUotte V. New Orleans, .304. 
 (Juthrie v. New Ha\Tn, 500. 
 G Wynne v. Homan, 500. 
 V. Nees, 13. 
 
 Hacking v. Perth, 502. 
 Hackney Case. 127. 
 
 — Election, 128, 
 Hadrtehl's Case, .58. 
 Hadley v. Taylor, 520. 
 Hagaman and Owen Sound, In re, 355. 
 Haisley v. Somers, 819, 8,34, 835, 839, 
 
 840, 852, 853, 858 
 Hale V, Kenosha, 712. 
 
 — V. Houghton, 1036. 
 
 — V. Walker, 746. . 
 Halifax v. Walker, 487. 
 
TADLK OF (!AMKH. 
 
 zxiii 
 
 MM V. Ftir.|ulmr.-.oii. 73», 7S1, 8'-'3, 828. 
 -- V. KiTgiiMoii, '2<»7, 
 
 — V. (Jn'fii, H7(;. 
 
 — V. Hill. HM, h:\:\, s;U, HW, 840. 
 
 — V. HilulM. lie, 'JJt."). 
 
 — V. I,<iiiil()ii, Clikthiiin, iiiul Dover, 
 
 |{. W. C, , :{7(», .'17J. 
 
 — V. I.(i\vcil. UU. 
 
 — V. Maihli.xt.r, 4!M), 491. 
 - V. Nixon, 4H!i. 
 
 Mullock V. Wilson. I7H. 
 
 HalHtuiul V. Mayor of New York, 14. 
 
 — V. Mayor, tcr.., W2. 
 
 — V. Nmv York, '2U4. 
 Haltoi) Klccti IDU. 
 
 Hiiinilton and tlxtTowiiHliiii of UiiMulpli, 
 \U', 71(5. 
 
 — V. DcniiiM, '240. 
 
 — V. KKKl''t<>i'. •S')''>- 
 
 — V. .McDonaM. HM), S.'U. 
 
 — V. McrNrill. 10, 20. 
 
 — and Tort Dover K. \V. Co. v. 
 
 (iuro IJajik. 870. ^ 
 H iminorHniitii and <'ity II. W. Co. v. 
 
 Itriuid, 7. 
 HiinmicrMniitli ( 'as.', 441. 
 Haniniund v. licndysiio, 441. 
 
 V. .MfLay. 20.'). 
 HainpHliin; v. Kranklin, ',V,\. 
 Ilaidon V. In;^>raiii, .'iOO. 
 H.mnant v. Koiilj^i r, 001. 
 HuiiHon V. Livortiigc. 207. 
 
 — V. Vernon, 004. 
 Ilarheck v. ToL-do. .S(kS. IWJ. 
 Harltourn v, Ijoiislny, H'A'2. 
 HardcaHtle v Soutli Yorksliirc U. VV. 
 
 and iliver Dun Co., u2t!. 
 Hare v. Osliorn, 041. 
 Harding v. CardilV, 370. 
 
 — V. Townsliend, 498. 
 
 — V. Town-sliip of ('ardiflf, 245. 
 
 — V. .Stok.s, 157. 100. 
 Hardwiek v. i'.rown, 120, l.SO. 
 Hardy v. Kyle, 1 35, 8S4. 
 
 -- V. W'altliani, 427. 
 Hainl)le\ve.s v. Dndin, 007. 
 Harpel v. rortiaiid, :«)1,372. 
 Harper v. Carr, 441. 
 Hiirrington v. MilUs, 3S0. 
 Harris and Hamilton, Ku, 455, 
 
 — V. KUiott, 5!(). ^ . ' 
 
 — V. Jeinis, 802. 
 
 — V. Mol)l)8, 434. 
 
 — V. School District, 181. 
 
 — V. Watson, 414. 
 
 Harriaon v. Baltimore, 1020. 
 
 — V. HriKeton, 33. 
 
 — V. <iudman, 214. 
 V. Cood. 309, 
 
 — V. State, 210. 
 
 - V. WilliamK. 14, 182. 
 Harrold v. Simcoe, 483, 487. 
 
 — V. Sintcott and Ontario, 10, 481, 
 
 404, 50.^>, 500, rm), 511, 612. 
 
 — Simcoe and I'eel, 508. 
 
 — York and Ontario, 500. 
 Harnip v. Bayley, 773, 
 
 Harry v. Anderson, 81(1. 
 Hart V. May(.r, &e., 311, .Wl. 
 
 — V. MyerH, 870. 
 
 Hartford Bridge v. Kast Hartford, 33. 
 
 V. Kerry <'o., 21U. 
 Hartley, In re, 405. 
 
 — and Kniily, In re, 00. 
 
 — V. Mare, 270. 
 
 Hartnell v. Hyde ConiiniMsioners, 270. 
 Hartwell v. Littleton, 181. 
 Harvey v. Dcwoodv. 40l. 
 
 — V. KoHe, 210. 
 Harwood v. Lowell, 408. 
 Hasdell V, Hancock, 204. 
 Haslitt V. Hall, 811. 
 Haslope v. Thorne, 730. 
 Hastings Case, 157, 100, 170, 352. 
 Hatliaway v, Doig, 402. 
 
 Hatt, In re, 708, 743. 
 Hatton V. Wind.sor, 488, 489. 
 Haven v. Hilliard. 312. 
 Hawes V. Huniplirty, 312. 
 Hawk V. Marion Ci\. 413. 
 Hawke and Ballard. In re, 198. 
 
 and Wellesley, In re, 254, 361, 
 
 — V. Ballard, In re, 170. 
 
 — V. Hall. Kx rel, 151, 1.52. 
 Hawkeshaw v. Dalhousie, 335. 
 llawkini^s v. Newman, 181. 
 
 Hawkins v. Hnron, Tertli and Bruce, Is 
 
 re, 13. 
 Hayes and Toronto, Kx parte, 253. 
 
 — V. New Y<nk, 404. 
 
 — v. Oshkosh, 427. 
 
 Haynes v. Copeland, 248. 208, 269, 270, 
 .584. 714. 
 
 — V. Pacific Stiamshii) Co., 712. 
 
 — V. Smith, 810. 
 
 — V. Thomas, 514. 
 
 — v. Washington County, 77. 
 Hays V. State, 500. 
 
 Hazard's Case, 131, 200. 
 Hazen v. Strong, 1039. 
 
 f I "' 
 
 ^ %■ 
 
 
 5 
 
 
XXIV 
 
 TABLE OP CASES. 
 
 Healey v. Corporation of Batley, 484, 487 
 
 Hearne v. Garton, 313. 
 
 Heartley v. Hearns, 891. 
 
 Heath, Ex parte, 782. 
 
 Hedges v. Madison, oO/). 
 
 Heelaiid v. Lowell, L'09. 
 
 Heelis v. Blain, ')S. 
 
 Heise v. Town Council, 3()2, 408. 
 
 Heller v. Scilalin, 427. 
 
 Helm V. Port Hope, -J^O, 606. 
 
 Helps V. IJol)lin, -JOS. 
 
 Henderson v. Barnes. 492. 
 
 — V. Campbell, 966. 
 
 — V. Slicrhoiirne, (>">. 
 Hennen, Ex p:irto, 205. 
 Henry v. Harness, SS;'). 853. 
 Henslow v. Fawcett, 157. 
 Heplinrn, In re, 708. 
 
 — and -Johnson, In re, 743. 
 
 — and Jolinstoii, hire, 745. 
 Hereford Case, 156, 1.">S. 
 Heshette v. Ward, 813. 
 
 Heslip V. Sacramento, 203. 
 He.stiind V. Xew Orleans, 184. 
 Hetherinyton v. North Eastern 11. W. 
 
 Co., 498. 
 Hewison v. Now Haven, 487, 488, 489. 
 — V. I'ambroko, 176, 242, 51.3, 
 522. 
 Heyden v. Castle, 736. 
 Hibbard v. Hickman, 854. 
 Hiekey v. Kit/.i,'erald, 328. 
 
 - V. Ivont'rew, 205. 
 Higyins v. Harding, 707. ■ 
 
 -- V. Wiiitbv, 605. 
 Higlev V. Bunce, 220, 221. 
 Hildretli v. Lowell, 440. 594. 
 Hill and Tecnmseth, In re, 24.3. 
 
 — and Walsingham, In re, 242, 263. 
 
 — V. Bateman, 314. 
 
 — V. Boston, 487. 
 
 — V. Decatur, KJ. 
 
 — V. Livinu-ton, 504, .^05. 
 
 — V. Long, 857. 
 
 — V. Macaulay, 830. 
 
 Hillyard v. Crand Trunk R. W. Co., 388. 
 
 Hilton V. Ankesson, .387. 
 
 Hinchley v. CJildersleeve, 526. 
 
 Hinchman v. Detroit, 515. 
 
 Hirons and Andierstburgh. In re, 241. 
 
 Hislop V. Mo(iillivray, 505. 
 
 — V. Township of McCiillivray, 481. 
 Hixon V. Lowell, 4S7, 488. 
 Hobart v. Milwaukee City Railway, 484. 
 Hobba V. Dance, 426. 
 
 Hoboken \. (Jeai', 205, 221. 
 
 V. Harrison, 178, 18.5, 352. 
 
 Hocksett V. Amoskeag Co., 498. 
 
 Hodge V. Regiiia. 1(5, 378, 895, 937. 
 
 Hodges V. I III Halo, 14, 302, 356. 
 — V. Mayor, 380. 
 
 Hodgkinson v. Fernie, 297. 
 
 Hodgson and Y'ork, Peel and Ontario, 
 In re, 242. 243. 
 
 Hodgson, V. Whitby, .301, 371. 
 
 — V. Y'ork, Peel and Ontario, 
 
 Hogg V. Ward, 329. [515. 
 
 Hoggo V. Burgess, 297. 
 
 Holcomb V. Shaw, 732, 808, 815, 816,824. 
 
 Holeroft v. Heel, 452. . 
 
 HoMane V. Coldsprings, .WO. 
 
 Holden and Belleville, In re, 244. 
 
 Holder v. Soulby, (52. 
 
 Hol<lswt)rth V. 1 >arttnontli, 30S. 
 
 Holloway, Ex parte, 311. 
 
 H >lman v. Townsend, 494. 
 
 HoiMies V. Wilson 399. 
 
 Hood V. Conimissiouova of Harbour of 
 ! Toronto, 354. 
 
 i Hood V. Lynn, 14. 
 ! Hooker v. (Jurnott, 846. 
 ' Hope V. Cumniing, 807. 
 I Hopkin.s V. Provincial Ins. Co., 729. 
 ! — V. Swansea, 209. 
 I Horn V. Whittiei-, 184. 
 
 Horner's Estate, In re, 374. 
 
 Hornev v. CoH'ee. 318. 
 
 - V. fpswick, 490. 494. 497. 
 -- V. Taunton, 492. 
 
 Houek V. Whitby. 12. 
 Houghton V. Freeland, 186. 
 Houghton's Case, ,391>. 
 House V. Town of Fulton, 483. 
 Hovey V. M.iyo, 524. 
 — V. Mayor, 50,3. 
 How V. Ileckner, 333. 
 
 - V. Plaiufield, 493. 
 Howard v. Bridgewater, 488. 
 
 — V. Lupton, 417, 451. 
 V. Providence, .370. 
 
 Howe V. Lowell. 493. ' • 
 
 - V. Thompson, 854. 
 
 Howes V. Board of Inland Revenue, 379. 
 
 V. Pierce, 92. 
 Howick and YVroxetor, In re, .34, 301. 
 Hoyt V. Commissioners of Taxes, 712. 
 
 - V. Hudson, 440. 
 Hubbard v. Concord, 491, 49.3. 
 Hudson V. Geary, 379. 
 Huffman v. San Joaquin, 505. 
 
TABLE OP CASES. 
 
 XXV 
 
 Hughes V. Overseers of Chatbam, 730. 
 
 — V. Towers, 807. 
 
 — V. Trew, 401. 
 Hugill V. Merriiield, 958. 
 Hull V. Richmond, 487. 
 Humphrey v. Armstrong County, 49f). 
 Huneman v. Fire District, 427. 
 Hunt V, Ambruster, 429. 
 
 — V. Hibbs, 183, 871. 
 
 — V. Pownall, 495. 
 
 — V. ITtiea, 3(59. 
 
 Hunter v. Board of Supervisors, 747. 
 
 — V. King, 498. 
 
 Huntley v. Lusconibe, 313. • 
 
 Huron v. London, 11. 
 
 — and Bruce v. Macdonald, 334, 341 . 
 Hurrell v. Wink, 751!. 
 
 Hurst v. Hurst, 73(i. 
 
 — v. Taylor, 490. 
 Hutchinson v .^oilier, 856. 
 
 — V. (.,'onoord, 443. 
 
 Hutchison v. I^owndes* 313, 314. 
 
 — V. Pratt, 181, 182. 
 Hutton V. Windsor, 488, 49(5. 
 
 lanson and Reach, In re, 243. 
 
 n)botsou v. Henry, 407, 409. 
 
 Imler v. Springtiidd, 440. 
 
 Imperial Land Co. of Marseilles, In re, 305. 
 
 Inchbald v. Robinson, 402. 
 
 Indianapolis v. Croaa, 514. 
 
 — etc. R. \V. Co. y. Hartley, 
 
 485. 
 
 — v. Mansur, 587. 
 lugersoU v. Carroll, He. 529. 
 
 — v. Chadwick, 131, 186. 
 Ingle y. Bell, 328. 
 
 Inhabitants of VVatertowu v, Mayo, 401. 
 *— Worchester County of 
 
 NVorchester v. Alayor 
 
 etc., 716. 
 Innes v. E.lst India Co., 206. 
 Irvine v. Khion, 295. 
 Irwin V. Hra.lford, 483, 491, 499, 51 ) , 609. 
 
 — v. Marijjosa, 187, 204. 
 Isaacs V. Boyal Ins. Co , 135. 
 Isley v. Stubba, 407. 
 Islington Market Case, 452. 
 
 Jack V. Ontario, Simcoe, and Huron R, 
 
 VV. Co., 409. 
 Jack.son v. Hyde, 492. 
 
 — V. Jacob, 249. 
 
 — V. People, 392. 
 Jacksonville v. McConnell, 708. 
 
 d 
 
 Jacobs V. Bangor, 497. 
 James v. London and South Western R. 
 W. Co., 781. 
 
 — V. San Francisco, 497, 
 
 — V. Tutney, 213. 
 
 Jameson and the County of Lanark, Re, 
 
 606. 
 Janvrin v. Exeter, 414. 
 Jarvis v. Brooke, 835, 854. 
 
 — V. (!ayloy, 811, 835, 840, 854. 
 
 — (Ireat Western K. W. Co., 205. 
 — • v. Kingston, 717. 
 
 Jay Cook v. (iill, 781. 
 Jetl'ery v. Hcwia, 855. 
 Jenkins and Elgin, In re, 232. 
 
 — v. Hutchinson, 15. 
 Jenks v. Chiiiago, 581. 
 
 — v. Wilbraham, 495. 
 Jenning's Case, 131. 
 Jennings, Ex parte, 500. 
 
 — v. Hankeys, 312. 
 
 — V. Maji>v, 249. 
 
 — v. Tiabury, 500. 
 Jersey ('Aty v. State, 515. 
 Jewett v. New Haven, 427. 
 Johns V. Beck, 538. 
 
 Johnson and (Gloucester, In re, 371. 
 
 — and Lambton, in re, 222, 732, 
 
 733. 
 
 — Ex j)arte, 884. 
 
 — V. Haverhill, 4vS8. 
 
 — V. Hudson R. W. Co., 416, 498. 
 
 — V. Lambton, In re, 128. 
 
 — V. Lexington, 708. 
 
 — V. Lord, 730. 
 
 — V. Lowell, 490. 
 
 — V. Mayor of Croydon, 402. 
 
 — V. ( )rcgon City, 708. 
 
 — V. Philadelphia, 325. 
 j — V. Rcesor, 516, 529. 
 
 I Johnston and Gloucester, In re, 297. 
 
 1 — V. Boyle, 484. 
 
 ) — V, Cliarleston, 492. 
 
 — V. Rcesor, 515. 
 Jonas V. Gilbert. 380. 
 Jones, In re, 329. 
 
 ; — V. Bird. 440. 
 I — V. Boston, 488. 
 
 — V. Carmarthen, 203, 306. 
 
 I — V. Cowden, 849. 850, 857. 
 
 I — V. Johnston, 269. 
 
 I — V. Mayor, itc, 605. 
 
 I — V. Mersey Docks, 713. 
 
 I ■ — V. Stanstead, &c., R. Co., 371. 
 
 ' — V. Whittaker, 911. 
 
 1 f"^ 
 
 1 
 
 It 
 r, 
 
 k 
 
 1' 
 
 '* 
 
 B>L 
 
XXVI 
 
 TABLE OF CASES. 
 
 ■J I 
 
 Jordan v. Wyatt, 390. 
 Judd V. Jlead, 870. 
 Judge of Pertli, In re, 784. 
 
 — and liobinson, In re, 247. 
 
 — and J. L. Kobinson, In 
 
 re, 760. 
 Judson V. Bridgepoit, 3G9. 
 Jupp V. Grayson, 297. 
 Justices of the District of Huron v. Huron 
 
 District Council, .335, 3.'>1. 
 Justices of York and Peel, In re, 773. 
 
 Kane v. Bnltiinore, 368. 
 
 Kilvanagh v. Sanders, 184. 
 
 Kearney v. London, Brighton, etc. R.W. 
 
 Co., 492. 
 Keating v. .Sinicoe, 334. 
 Keckely v. ('ommissioners of Roads, 421. 
 Keedj' v. Howe, 959. 
 Keefer v. Roaf, 853. 
 Keen v. Stuckel, 775. 
 Kcily, Ke, 325. 
 Keith V. Easton, 492. 
 
 — V. Lynch, U!7. 
 Keithsburg v. Frick, ()05. 
 Kellogg V. Northampton, 489. 
 Kelly and Toronti., In re, 244, 252. 
 
 V. Macaiow, In re, 137, 138. 
 
 — V. Macklem, 832. 
 
 — V. Toronto, 451. 
 Kelner v. Baxter, 15. 
 Kelsey v. King, 393. 
 Kempt V. Paikyn, 817,850. 
 Kendall v. King, 308. 
 Kennedy v. Phelps, 399. 
 
 — V. Sandwich, 208. 
 
 — V. Sowden, 408. 
 V. Toronto, 461. 
 
 Kent V. Worthing Local Board, 433, 491. 
 
 Kerby v. Lewis, 210. 
 
 Kerr v. Corporation of Preston, 426. 
 
 — V. Seaver, 387. 
 
 Ketchum v. Buffalo, 174, 250, 251, 450. 
 
 Kiely, Re, 401. 
 
 Kimball v. Kenosha, 51. "i. 
 
 King V. Foxwell, 69. 
 
 Kinghorn and Kingston, 239, 240, 241, 
 
 455. 
 King.sbury v. Dodhani, 492. 
 King's Lynn Case, 157,160. 
 Kinloss V. Stauffer, .351. 
 Kiunear v. HaMimand, 7, 505. 
 Kirby v. B'tylston .Market Association, 
 431, 4.S2. 
 — V. Owner.i ot the .Scindia, 777. 
 
 Kirk V. Nowill, 311. 
 
 Kitchen v. Shaw, 884. 
 
 Knaggs V. Ledyard, 839, 844, 845. 
 
 Knight V. Medora and Wood, 611. 
 
 Kobs V. Minneapolis, 440. 
 
 Krach v. Heilnian. 965. 
 
 Kraus v. Arnold, 249. 
 
 Kreiss v. Sligman, 969. 
 
 Kyle V. Malin, 15. 
 
 Kynaston v. Shrewsbury, 170. 
 
 Lade v. Shepherd, 481. 
 Lafayette v. Cox, 605. 
 
 — V. Fowler, 587. 
 
 — V. Tiinbcrlake, 444. 
 Lafferty and Wentworth and Halton,, 
 
 In re, 242, 517. 
 
 — V. State, 328. 
 
 — V. Stock, 31)9, 517, 518. 
 Lake View v. Lctz, 382. 
 
 L!unl)kiii V. Simtli Ivistern R. W. Co., 
 
 497. 
 Lambton v. Pousett, 468. 
 Lancashire Telephone Co. v. Overseers of 
 
 Manchester, 731. 
 Lancaster V. Oreavcs, 884. 
 
 V. \Val!si..414. ' 
 Landolt v. Norwich, 490. 
 Landreville V. (}ouin, 431. 
 Landry v. Ottawa, 239. 
 Langdon, Re, 236, COO. 
 Langford v. Kirkpatrick, 815. 
 Langton v. Hughes, 9(!9. 
 Lansing v. Smitii, 5()(i. 
 Laplante and Ptitcrborough, 291, 295, 513, 
 
 518. 
 Laughtenborough v. McLean, 724, 8.38. 
 Launceston Election. In re, Drinkwater 
 
 V. Dakiii, (id. 
 Laurence v. .lenkins. 387, 388. 
 Laurie v. Rathbun, 7. 
 Latta V. Wallbridgi", 297. 
 fiaverone v. Mangianti, .386. 
 Law V. Niagara Falls, 440. 
 Law Society of Upper Canada v. Toronto, 
 
 760. 
 T^awless v. Sullivan, 720. 
 Lawrence and Thurlow, Re, 479. 
 
 — V. Corporation of Lucknow, 12. 
 
 — V. Hedger, 329. 
 Lawton v. Commissicmers, 782. 
 
 — V. Krwin, 184. 
 Layton v. New Orleans, 36. 
 Lazarus v. Toronto, 431. 
 Learned v. Burlington, 271. 
 
TABLE OF CASES. 
 
 xxvu 
 
 V. 
 V. 
 V. 
 V. 
 
 Leatherdale v. Sweepstone, 249. 
 Leavenworth v. Norton, 271. 
 LeBarron v. East Boston Ferry Co., 216. 
 Leddingham and Bentinck, 245. 
 
 — pnd Bentinck, In re, 243. 
 
 Lee, Ex parte, 7r)6. 
 
 — V. Cooke, 807. 
 Flemingsburg, 413. 
 Howes, 811, 
 Riley, 410. 
 Wallis, 362. 
 
 Leech v. Waugh, 500. 
 Lees V. Carleton, 341. 
 Le Feuvre v. liankeater, 65. 
 Leith V. Willis, 891. 
 
 Le Neve v. Mile End Old Town, 435, 484. 
 Leonard v. Black, 184. 
 Le Flaire v. Davenport, 451, 452. 
 Leprohon v. Ottawa, 718. 
 Les Sa>urs, &c., and the Village of Wat- 
 erloo, 712. 
 Lester v. Pittsford, 492. 
 
 — v. Torrens, 397. 
 Lethbridge v. Winter, 484. 
 Lewis V. Arnold, 729. 
 
 — V. Carr, 03. 
 
 — V. Evans, 765. 
 
 — V. Gray, 758. 
 
 — V. Nicholson, 15. 
 
 — V. Oliver, 130. 
 
 — V. Rochester, 153. 
 
 — V. Toronto, 1', 210, 522. 
 Ley V. Clark, In re, 24. 
 
 — V. Wright, 839, 845. 
 License Cases, .'i>S6. 
 
 License Commissioners of Frontenac v. 
 
 County of Frontenac, 977, 978, 979. 
 Lichfield Case, 15f), 157, 1(50. 
 Lightbound v. Higlier liebington Local 
 
 Board, 581. 
 Lincoln Election, 57, 1''7. 
 
 — V. Niagara, 787. 
 
 — V. Thompson, 184. 
 
 — V. Worcester, 417. 
 
 — Welland, and Haldimand v. 
 
 Thompson, 47. 
 Lindsay v. Luckett, 129. 
 Line v. Warren, 145. 
 Linning v. Charleston, 214, 708, 718. 
 Lion, '1 he, 7. 
 
 Lippincott v. Smyth, 370, 372. 
 Lister v. Lobloy, 729. 
 Little v. City of Madison, 488. 
 
 — v. Ince, 4()(). 
 
 — v. Overseers of Penrith, 58. 
 
 Little v. Wallaceburgh, 351. 
 Livandais v. Municipality, 461. 
 Liverpool Gas Light Co. v. Overteers of 
 Evestow, 781. 
 New Market Co. v. Hodson, 
 
 1044. 
 Livingston v. Pappin, 1036. 
 Livingstone, In re, 317, 397. 
 Llado V. Morgan, 249. 
 Llandaff, etc. Market Co. v. Lynden, 453. 
 Lloyd and The Corporation of Elderslie, 
 
 In re, 253. 
 Loader, Ex parte, 428. 
 Lock V. Sellwood, 311. 
 Lockwood V. Mechanics National Bank, 
 
 170. 
 Logan V. Earl Courtown, 7. 
 Logansport v. Dunn, 461. 
 V. Legg, 170. 
 Loker v. Brookline, 490. 
 London and South Western R. W. Co., 
 610 
 
 — Chatham, and Dover R. W. Co. 
 
 V. Boar«l of Works of 
 Wandsworth, 8. 
 
 — Election, 160. 
 
 — V. Great Western R. W. Co., 
 
 712,737.739,750,756,757, 
 758, 702, 813. 
 
 — V. Vauacher, 202. 
 
 — V. Wood, 3()2. 
 
 — and North Western, R. W. Co. 
 
 V. Buckmaster, 731. 
 
 — and North Western R. W. Co. 
 
 V. Richards, 458. 
 
 — Mutual Fire Insurance Co. v. 
 
 City of London, 755. 
 
 — Mutual Fire Insurance Co. of 
 
 Canada v. City of London, 
 772. 
 Londonderry Case, 150, 157, 160. 
 Longford Case, 162, 166. 
 Longmore v. Great Western R. W. Co., 
 
 354. 
 Lonsdale v. Littledale, 296. 
 Look v. Dean, 329. 
 Lord Bruce's Case, 352. 
 Lord Bute v. (irindall, 713. 
 Lord Colchester v. Kewnoy, 713, 716, 
 Louisville v. Commonwealth, 716. 
 V. Heming, 708. 
 
 — V. Nevin, 382. 
 
 — V. Rolling Mill Co., 524. 
 
 — &c., llailroad Co. v. Billiard, 
 
 388. 
 
 .i ! 
 
 
 .-f 
 
 t 
 
 t * J 
 
 
 %i; 
 
 ; •• 
 
xxvin 
 
 TABLE OF CASES. 
 
 Lovering V. Dawson, 152, 1()4, 441. 
 Low V. I 'odd, 429. 
 
 — V. Evans, .^S'S, 
 
 — V. PettingiiJ, 181. 
 
 Lowell y. Boston and Lowell R. VV. Co., 
 
 — V. City of Boston, 14. [498. 
 
 — V. Short, 4!i8. 
 
 — V. Simpson, 435. 
 
 — V. Sp.uilding, 435. 
 Loiuy V. riitt, .S84. 
 
 Lucas and Mc(ilnslian, In re, .SI 3. 
 
 — V. Moore, 4SS. 
 
 — V. New ^■.)rk, 498. 
 Ludlow V. Tyler. 13. 
 Lunihard v. Aldrioli, •_M7. 
 Lund V. Tyngsl)oro", 492, 494. 
 Luther v. \\ ood, ()()(>. 
 Lynch v. Mayor, 439. 
 Lynden v. Stanliridne, 347, 429, 
 Lyttle V. IJroddy, 856. 
 
 McAdie v. Corl.y. 840, S:A. 
 
 McAlister V. Clark, 395. 
 
 Me Alpine and 'i'ownsliii) of Kuplieniia,245. 
 
 McAny v. Ti^kcll, 73."). 
 
 Mc.\rthur and Soiitliwold, He, 514. 
 
 — V. ('ollmgwood, 371. 
 McAvoy and Sa'iiia, In re, 232. 
 Meliride and York, lie, 502,509. 
 
 — V, (iardhani, .305, 814. 
 McCarrallv. Watkins, 729, 7G2, 771, 813. 
 McCarthy v. Chicago, 435. 
 
 — V. MetroDolitan Board of 
 
 Works, 309, 573. 
 
 — V. (tsliawa, 489. 
 McCartee v. ()r[)lian Society, 350, 
 McColluni V. Davis, 817. 
 McCoombs V. Akron, 524. 
 
 McC(nikey v. Brockvillc, 440. j 
 
 McConnack v. I'atcliin, 587. 
 McCorniick v. Oakley, 2.54, 790, I 
 
 McCracken v. San Francisco, 170, 271. i 
 McCulloeh, Re, 08. 
 
 — and the County Judge of 
 
 Leeds and (irenville. In re, I 
 751. I 
 
 and tlie .Judye of Leeds and 
 (ircnville, In re, 750, 751, | 
 
 — and the .luilge of the County 
 
 Court of Leeds and (Jren- 
 
 ville. In re, 702, ; 
 
 McCurdy a. Swift. 966, j 
 
 McCutcheon v. Toronto, 442, | 
 
 McCutchon and Toronto, in re, 403, 585, 
 
 817. i 
 
 McDonald v, McDonell, 849, 857. 
 
 — V. Robillard, 838. 
 McDonell v. McDonald, 830, 834, 844. 
 McDougal V, Creedow, 70, 
 McDougall and Lobo, In re, 358. 
 
 V, McMillan, 834, 846. 
 
 — V, McMullan, 857. 
 
 — V. I'aterson, 437. 
 McKtherton v. Menzies, 808. 
 McEwan v, Taylor, 216, 
 McCarvey v. Strathroy, 371, 523. 
 McGill and l'eter))orougli, lu re, 23S, 
 
 240. 
 McConigle v. Alleghany, 599. 
 McGregor v. Calcutt, 479. 
 McHardy v. Kllice, .509, 
 
 — V. Ellis, 505. 
 
 — V, Perth, 499, 
 I McHole V, Davi.s. 452, 
 
 Mclntyre and Eldcrslie, In re, 252, 
 
 — V, Bosancpiet, 514. 
 
 V. Great Western [{. W. Co., 
 844. 
 McKay v. Bamberger, 863. 
 
 — V. Brown, ()2, 
 
 — V. Crysler, 855, 
 V, Ferguson, 819. 
 
 McKee v. Huron District Court, 18. 
 
 -- V. ]McKee, 408. 
 McKenzie v, Campbell, 386, 387, 408, 
 
 — V, Kingston, 249, 
 McKillop V, Smith, 532. 
 
 McKinnon and Caledonia, In .. -, 242, 
 
 243, 
 MoKnight v, Toronto, 401, 
 McLanchlan v. Pyper, 843, 
 McLauchlin v. Pyper, 836. 
 McLean and Cornwall, In re, 203. 
 
 — and Ops, Re, 553, 560. 
 
 — and St. (Catharines, In re, 241, 
 
 242, 457. 
 
 — and t'-.e Town of Cornwall, 175. 
 
 — and the Townsliip of Ops, 547, 
 
 .554. 
 
 — V. Brantford, 12. 
 
 — V. Cornwall, In re, 179. 
 
 — V. Farrell, 814, 
 
 — V, Great Western R. W, Co, , .371. 
 McLellan v. MeClellan, 773, 
 
 — V, McKinnon, 395, ' 
 (jui. tam. V. Brown, 876. 
 
 McLeod and Kincardine, In re, 353, 355, 
 
 363. 
 McMahon v, Irisli North Western R.W. 
 
 Co., 742. 
 
 im 
 
 'jmrnaM 
 
TABLE OF CASES. 
 
 XXIX 
 
 McMaster v. Newmarket, 269. 
 McMichael and Townsend, In re, 518,532. 
 McMillan v. McDonald, 849, 857. 
 
 — V. South West Boom Co, 466. 
 McMillenv. Bayley, 605. 
 
 McMullen and Caradoc, 532. 
 
 — Exrel.,244. 
 
 McNab V. Peer, 856. 
 
 McPhersou and Beenian, In re, 190, 814. 
 McQuaig V. Unity Fire Ins. Co., 736. 
 McWhirter v. lionyard, 781. 
 
 — V. Corbett, 41. 
 McWilliams v. McAdams, 706. 
 Macclesfield v. Chapman, 421. 
 
 — V. Pedley, 421, 452. 
 Macdonald v. Rowe, 854. 
 
 — V. South Dorchester, 492. 
 Macholl V. Nevinson, 177. 
 Mackenzie and The City of Brantford, 
 
 In re, 400. 
 Mackintosh v. Blytlie, 298. 
 Mack ley v. Coates, Ex rel., 65. 
 MacNaughton v. Wigg, 736. 
 Macpherson and Bi eman, In re, 205. 
 Macy V. Indianapolis, 524. 
 Magee v. State, 4(). 
 Magistrates of Edinburgh v. Blackie, 
 
 453, 454. 
 Maher v. Chicago, 585. 
 Main v. ISIcCarty, 328. 
 Major V. I'ark Lane Co., 441. 
 Maleverer v. Spink, 386. 
 Mailing v. ChalUin, 184. 
 Mallock V. Antlerson, 483. 
 Mallougb and Ashlield, In re, 176. 
 Malott V. Township of Mersea, 248, 371, 
 
 573. 
 •Manchester v. Hartford, 493. 
 Manderschid v. Diilnujue, 494, 500. 
 Mangan v. Atterton, 495. 
 Manly v. St. Helen's Canal and 11. W. 
 
 Co., 506. 
 Manning v. Farcjuharson, 781. 
 
 — V. Manning, 69. 
 Manson v. Hope, 416. 
 Mara v. Ontario, 866. , ■ 
 
 Marant v. Chamberlin. 484. 
 Marble v. Worcester, 494. 
 Marchan v. Lee Conservancy Board, 
 
 206. 
 Marcy v. Taylor, 500. 
 Markle V. Akron, 16, 211. 
 Marquis of Salisbury and Ecclesiastical 
 Commissioners, 373. 
 
 •*»» Stall'ord v. Coyuey, 484. 
 
 Marr v. Vienna, 69 275, 745. 
 Marri>-.tt v. Stanley, 495. 
 Marsden v. Goodo, 249. 
 Marsh v. Fulton, 604. 
 Marshall v. Fox, 941. 
 
 — V. Pitman, 756, 757. 
 Marshall v. Smith, 367, 436. 
 Martin, Ex parte, 884. 
 
 — V. Kergan, 298. 
 Maryland ex rel. Baltimore v. Kirkley, 
 
 15. 
 Mason v. Ellsworth, 493. 
 
 — V. Keeling, 3H6. 
 
 — V. Morgan, 410. 
 Massingberd v. Montague, 848, 864. 
 iNlaster, &c., of Gunmakers, &c. v. Fell, 
 
 214. 
 Masters, In re, 314. 
 Mather v. Brown, 9(5, 97, 128. 
 Matheson v. Kelly, 249. 
 Mathews v. Biddulph, 328, 329. 
 Matts V. Hawkin :;. 429. 
 Maw V. King and Albion, 495. 
 Maximilian v. Mayor, 205, 427. 
 Maxwell v. Clarke. 488, 492. 
 May qui tarn v. Dettrick, 875. 
 May V. Burdett, 410. 
 — V. Petrolia, 489. 
 Mayhew v. Locke, 314. 
 
 — V. Suttle, 60. 
 
 Mayor and lUirgesses of Lynne Regis, 13. 
 
 — of Hythe, In re, 779. 
 
 — V. Morgan, 16. 
 
 — V Shettiehl, 49.3. 
 
 ^layor, &c., v. Avenue Road Co., 325. 
 V. Hartridge, 379. 
 V. Omburg, 408. 
 j — V. Sheffield, 499. 
 
 j Mayor of Carlisle v. Blamire, 13. 
 
 — Dorchester v. Ensor, 452. 
 
 — Essenden v. Blackwood, 713, 
 
 714. 
 
 — L( nd(m v. Stratton, 713. 
 
 — Montreal v. Drummond, 369. 
 
 — St. John V. I'attison, 524. 
 Mayor, &c. , of I >orchestor v. Ensor, 454. 
 
 — Kidderminster v. Hard 
 
 wick, 12. 
 
 — London v. Cox, 781. 
 
 — Memphis v. Winfield, 214. 
 
 — Montreal v. Drummond, 
 
 371. 516. 
 
 — Scarborough v. Rural 
 
 Sanitary Authority of 
 Scarborough, 399. 
 
 M 
 
 \ t 
 
XXX 
 
 TABLE OF CASES. 
 
 Mays V. Cincinnati, 380. 
 
 Meacham v. Railroad Co. , 370. 
 
 Means v. Hentlershott, 414, 
 
 Mearns v. Petrolea, 129. 
 
 Meckalf V. Widdilield, 166. 
 
 Meek v. Whitechapel fioard of Works, 
 
 439. 
 Meibus v. Dodge, 386. 
 Mellish V. Brantford, 269, 275, 302. 
 Mercer v. Hewston, 173. 
 
 — V. Railroad Co. , 3G8. 
 
 — V. Woodgate, 484. 
 Merrill v. Hampden, 488. 
 
 _ V. Planifield, 204. 
 Merrytield v. Worster, 359. 
 Mersey Docks v. Cameron, 713, 756. 
 
 — and Harbour Board v. 
 
 Overseers of liirken- 
 head, 737. 
 Mersey Dock and Harbour Co. V. Pin- 
 liallow, 492. 
 
 — Co. V. Liverpool, 736. 
 Metallic Compression Casting Co. v. 
 
 Fitchburg R. W. Co., 427. 
 Metcalf V. 8t. Louis, Ki, 1039. 
 Metcalfe v. Hethuriugton, .354. 
 
 — q. t. V. Reeve. 872. 
 Metropol' an Asylum District v. Hill, 
 
 iOM. 
 
 — H. W. Co. V. Jackson, 495. 
 Meux V. Humpliries, 909. 
 
 Meyers and Wonnacott, In re, 773. 
 Michel V. Police Jury, 085. 
 Micliie and Toronto, In re, 242, 243, 251, 
 546, 548, 551, 581, 586, 736. 
 
 — V. Reynolds, 879. 
 
 — V. Toronto, In re, 593. 
 Mickle and Walkcrton, In re, .371. 
 Middlesex and London, In re, 345. 
 Middleton v. AUe^liany Co., 250. 
 
 — V. .Sini{)S()u, 58. 
 
 Midlantl Counties U. \V. Co. v. Oswin, 
 37-2. 374. 
 
 — R. W. Co. V. Ambergate, Xott- 
 
 ingham, etc. R. W. Co., 7. 
 Milburn v. Milburn, 249. 
 Miles and Richmond, In re, 221, 240, 518. 
 
 — V. Chamberlain, 365, 408. 
 Milford V. Holl)ro.)k, 431, 498. 
 
 — Co. V. Brush, L3. 
 Milhan v. Sharp, 393. 
 Mill V. Hawker, 15. 
 Miller v. Burch, 395. 
 
 — V. North Fredericksburg, 499, 
 
 500, 965. 
 
 Miller v. Savannah Fire Co., 427. 
 
 — V. Supervisors, 130. 
 Milloy and Onondaga, Re, 243, 409. 
 Mills V. Brooklyn, 439. 
 
 — T. Brown, 929. 
 
 — V. Oleason, 170, 250. 
 
 — V. McKay, 839, 855. 
 Milne v Davidson, 16. 
 
 — v. Mayor, 20. 
 Milues v. Bale, 155. 
 
 Milton - next - Sittingbourne Commmis- 
 
 sioners v. Favershani, 609, 610. 
 Mil ward v. Coffin, 755, 756, 757. 
 
 — V. Thatcher, 131. 
 Milwaukee v. Davis, 493, 496. 
 
 — V. Milwaukee, 33. 
 Miners' Ditch Co. v. Zellerbach, 10. 
 Minet v. Leman, 8. 
 
 Mingaye v. Corbett, 81 1, 840. 
 
 Minor v. London and North-Westem R. 
 
 W. Co., 742. 
 Minot V. Inhabitants of West Roxbury, 
 Mintum v. Larne, 216. [272. 
 
 Misener v. Township of Wainfleet, Re, 
 
 546. 
 Mississippi Society of Arts v. Musgrove, 
 Mitchem, Ex parte, 325. [.396. 
 
 Mitchell V. Foster, 92. 
 
 — V. Hender, 742. '^^ 
 
 — V. King, 249. 
 
 — V. Mayor of ijome, 522. 
 
 — V. Rockland, 3:!0, 1039. 
 Mobile V. Yuille, 215, Jf>l, 364, 365, 
 
 379, 408. 
 
 Mochler v. Shaftsborough, 491. 
 
 Moffatt V. Scratch, 817. 
 
 Moger V. Escott, In re, 72. 
 
 Molsons Bank v. Town of Brock ville, 
 
 Monck Case, 111. 1)2 [184. 
 
 Mouck Election, In re, 128. 
 
 Monmouth v. (iardincr, 498. 
 
 Monongahela Bridge Co. v. Kirk, 50(). 
 
 Monroe v. Grey, 83S. 
 
 Montague v. Richardson, 721. 
 
 Montgomery and Haleigh. In re, 219, 
 244, 546, 547, 548, 549, 
 .')51, 5.-)3, 581, 5>s6, 706. 
 
 — v. Graluun, 56. 
 Montreal and Walker, 325, 391. 
 
 — V. Cathedral, 714. 
 
 — V. Walker, 215. 
 Montville v. Haughtnii, 184. 
 Moor V. Newfield, 217. 
 Moore and Esquesing, 513, 515. 
 
 — V. Abbot, 495. 
 
TABLE OF CASES. 
 
 XXXI 
 
 Moore v. Esquesing, 479. 
 
 — V. Grand Trunk R. W. Co., 134. 
 
 — V. Hynes, 817. 
 
 — V. Jarron, 470. 
 
 — ■ V. Lambeth \Vaterwork8 Co., 
 433, 492. 
 
 — V. Mayor, &c. , of New York, 10. 
 
 — V. State, 396. 
 Morano v. Mayor, 405. 
 Morden v. Porter, 313. 
 •Morell and Toronto, In re, 244. 
 
 — V. Toronto, 599. 
 Morey v. Newfaiie, 487. 
 Morgan v. Matlier, 296. 
 
 — V. Parry, 183, 732. 
 
 — V. Quesnel, 8.34. 
 
 — V. Sauborin, 834. 
 
 Morley v. Great Western R. W. Co., 
 
 — V. G.eenhalgh. 385. [498. 
 Morrell and Toronto, In re, 219. 
 
 — V. VVilmott, 134. 
 
 — V. State, 416. 
 Morris v. Burdett, 138. 
 
 — V. Chicago, 369. 
 
 — V. People, 204. 
 
 — V. Rome, 379. 
 Morrow v. Connor, 174. 
 Morse v. Ranno, 500. ' 
 
 — V. Richmond, 492. 
 Morton, Re, 834. 
 
 Morton ami City of St. Thomas, Re, 
 
 242, 481. 
 Mosey v. Troj', 494. 
 Mosley v. Walker, 421, 452. 
 Mott V. Schoolbred. 434. 
 Mottaslied and Prince I'dward, In re, 
 
 217. 241, 244. 
 Moulton and llaldinumd, 505, 518. 
 Mountjoy v. Roy., 478. 
 Mouse's Case, 386. 
 Muir V. Keay, 391. 
 Mulholland v. Belfast. 174. 
 Mullen V. St. Johns, 4.S2, 492. 
 Mullins V. Collins, 942. 
 Municipality v. Cutting, 405. 
 
 — V. Dubois, 379. 
 
 — V. Johnston, 718. 
 
 — V. Pease, 526. 
 Munro V. (irey, 832, 840. 
 
 — V. Rudd, 855. 
 Munson v. Collingwood, 183. 
 
 — V. Derby, 490. 
 Muntz V. Sturge, 138. 
 Murphy q. t. v. Harvey, 772. 
 
 — V. City Council, 354. 
 
 Murphy v. Dal ton, 390. 
 
 — V. Gloucester, 491. 
 
 — V. Manning, 385. 
 Muscatine v. Hershey, 526. 
 
 — V. Steck. 772. 
 Musgrave v. Nevinson. 170. 
 Musgrove v. Catholic Church, 212. 
 
 — V. The Catholic Church of St. 
 
 Louis, 382. 
 Muskoka and Gravenhurst, In re, 295, 
 296, 299. 
 
 — and l*arry Sound Election, 
 
 155, 156. 
 Myers v. Brown, 854. 
 Myrich v. La Crosse, 369. 
 Mytton V. Duck, 481, 483. 
 
 Nash and McCracken, In re, 214, 398, 
 401. 
 
 — V. Dickenson, 318, 844. 
 
 — V. Glover, 515, 532. 
 Nasiiville v. Althrop, 711. 
 
 — V. Browne, 493. 
 Nasmith, Re, 364, 459. 
 Nason v. Boston, 490. 
 Neave v. Weather, 442. 
 Needhatn v. Bowers, 716. 
 
 Neeley and Owen Sound, In re, 910. 
 
 Neilson v. Jarvis, 278. 
 
 Nellea v. White, 839, 842, 845, 854. 
 
 Nelson v. Milford, 204. 
 
 ■Nesbitt v. Greenwich Board of Works, 
 
 Ness V. Saltfleet, 24. [582. 
 
 Netherton v. VVanl, 442. 
 
 New Albany v. Meekin, 711. 
 
 Newberry v. Stephens. 806, 814. 
 
 New Haven v. Sargent, 484, 574. 
 
 Newling v. Francis, 68. 
 
 ^ew Orleans v. Costello, .363. 
 
 — v. Stafford, 451. 
 
 — V. St. Louis. 382. 
 
 — V. St. Louis Church, 212. 
 
 — V. Turpin, 379. 
 Newport v. Saunders, 459. 
 Newton v. Cubett, 215. 
 
 — V. Overseers of Moberly, 775. 
 New York v. Lord, 386, 430, 431. 
 
 — V. Ordrenan, 361. 
 
 — V. Peiitz, 4.30. 
 . — V. Slack, 384. 
 
 — Railroad ("o. v. Inciwin, In 
 
 ro, 782. 
 Nevill V. Ross, 210. 
 Neville v. Kelly, 414. 
 
 i!^ : 
 
xxxu 
 
 TABLE OF CASKS. 
 
 3!). 
 719, 723, 751, 
 
 &c.,454. 
 
 Niftgara FjvIIh Suspenflion Bridge Co. v. 
 Gardner, 707, 712, 737, 742. 765, 
 
 . 780. 
 
 High Scliool Board and the Cor- 
 poration of Niagara, In re, 7. 
 Nililett V. Nashville, 491 . 
 Niohol and Almonte, In re, 0.34. 
 
 — and Alnwick, In re, 251, 252,515. 
 
 — V. Nashville, (i04. 
 
 Niuholls V. Cuniiniiii,', 739, 750, 702, 763. 
 V. (Jreat Western l{. W. Co., 
 
 495. 
 Nicljols V. Bridgeport, 
 Nicholson v. Fields, «J3. 
 Nickle V. Douglas, 712, 
 
 758, 771, 7iSl. 
 
 — V. Douglass, 183. 
 Nightingale, In re. 451. 
 
 _ Petitioner, 
 
 Nixon V. Xanney, 953. 
 Noble V. Toronto, 404. 
 Nolin V. Major, 401. 
 Norris, In re, 70. 
 
 — V. Androscoggin Railroad Co., 
 
 388. 
 
 — V. Mayor. Ac, 37. 
 V. Stiips, 211. 
 
 Northallerton (^ase, 1(>0, 102. 
 Nortlia\npte)n v. Ward, 459. 
 Nortlicote v. I'ulsford, 97. 
 Northcotte V. iirunker, 9(58. 
 North Dumfries v. County of Waterloo, 
 In re, 18. 
 
 — G\villind)ury v. Moore, 252. 
 
 -- Hempstead v. Hempstead, 20, ,33. 
 
 — Norfolk ( 'ase, 102. 
 
 — of Scotland (Canadian Mortgage 
 
 Co., Re, 741, 74U. 
 
 — Norwich and Norwich, Re, .34. 
 
 — Ontario (;ase. 102. 
 
 — Ontario Election, 157. 
 Northumljerhmd and Durham and Co- 
 
 bourg. Re, 298, 299. 
 North Victoria Case, 111, 112. 
 
 — Victoria Election, 100. 
 Northwood v. Township of Raleigh, 503. 
 North Yarmouth v. Shellings, 33. 
 Norton V. Salisbury, 92. 
 
 Norwich Case, 105. 
 
 — Election Petition, 155, 100. 
 
 — V. Swaun, 459. 
 
 — Gaa Co. v. Norwick City Gas 
 
 Co., .39.3. 
 Nottawasaga v. Boys, 866. 
 Nottingham Case, 118. 
 
 Nowell V. Tripp, 805. 
 
 — V. Worcester, 308. 
 Noyea v. M.-ison, 208. 
 
 Oakland v. Proper, 184. 
 
 — V. Whipple, 712. 
 Gates V. Bromil, 297. 
 (3'Brien v. Trenton, 4H0, 483. 
 0'('onnor v. Clements, 870. 
 
 — V. Otonal.ee, 487, 502. 
 
 — V. Otonabee and Douro, 5.34. 
 0'!>onnell v. Bailey, 719. 
 O'Flaherty v. xMcDowell, 8. 
 
 Ogg V. 'i"hc City of Lansing, 1031. 
 0"(irady v. MeCafrray, 817, 841. 
 Ohio V. Cincinnati Gas Co., 393. 
 Oldham Case, 59. 
 Oldknow V. Wiiinwrit?ht, 172. 
 O'Lindav. Lothrop. 434, 435. 
 Olive, hi re, Olive v. W^'sterman, 287. 
 Oliver v. Worc(!>t('r, 4'_'7. 
 O'liOughlin V. Dul)U((ue, 4S5. 
 O'Meara v. Ottawa, i{e, 450. 
 
 — V. Foley, 878. 
 O'Neill and Oxford, 890. 
 
 — anil York and Peel, In re, 205. 
 Ontario v. Pax ton, 39. 
 
 — Salt(!i). V. Merchants' Salt Co.,. 
 
 12, 240, 450. 
 O'Reilly (J. t. V. Allan. 105. 
 Orford v. Bailey, 174, 28.-), .350, 474. 
 Original Hartlepool I'ollieries Co. v. 
 
 (Jibb, 434. 
 Orsey v. Mountcney, 300. 
 Osl)orn V. Hart, 308. 
 Osborne v. London and N. W. IL W.. 
 
 Co., 497. 
 Osgood V. (ireen, 410. 
 
 — V. Nelson, 205, 352. 
 0.strom V. Sidney, He, 514, 517. 
 Ottawa V. Macey, ,594. 
 
 — V. Railroiid Co., ,594 
 
 — v. Spenser, 711. 
 
 — District Council v. Low, 11. 
 Ovendon v. Raymond, 941. 
 Overton v. Hunter, 927. 
 
 Oviatt V. Bell, 417. 
 
 Owen V. Stainoe, 129. 
 
 Owners, &c. , v. Albanj', 461. 
 
 OwHton V. Grand Trunk R. ^V. Co., .373, 
 
 Pachard v. New Bedford, 492. 
 Paffard and Lincoln, 221, 243. 
 
 — In re, 173. 
 
 Page V. Fazakcrly, 364. 
 
 Fago V 
 * — V 
 Painte 
 Paldw 
 Pallist 
 Palmci 
 
 Palmyi 
 I'ark 
 Parkdii 
 Parker 
 
TABLR OF CA8R8. 
 
 xxxiii 
 
 Pago V. Friviikfonl, 204. 
 
 — V. St. I-ouis, 71'-'. 
 
 Painter v. lyivei'iKJol Oil (laaCo., 441, 
 PaldwcU V. Alton, 4r>2. 
 Palliater v. Cnivesend, 270, SOS. 
 Palmer V. Lincoln, 4U.'J. 
 
 - V. I'oiiltiiijy, imt. 
 Palmyra v. Morton, .'{(19. 594. 
 
 Park Connnissioiuis v. Williams, 4fil. 
 Parkdale v. West. 870. 
 Parker v. (irct-n, Hl.'{, 941. 
 
 — V. i'ittsburg and Howe Lsland, 
 
 r)I7, r)18. 
 Parks V. Davis, 871. 
 Parkyns v. I'lcist, 101.3. 
 Parnaby V. Liuicashirc (-.inal Co., 354. 
 Parsons v. I'rnt iuLtell, .SSO. 
 Patersou v. IJowes, .S'Jl. 
 
 — V. Todd, HH5. 
 Patten v. lUiynnn-, 941. 
 Patterson and (iray, 244. 
 
 — and II opts '240. 
 
 — V. Coluhrook, 498. 
 
 — V. Kiist I'jridge in llelfast, .'00. 
 
 — V. Hopo, 24. 
 
 — V. Patterson, .'{Hf). 
 
 — V. SoL'icty, &c. , 20. 
 
 — V. Tod, I, 811. 
 
 — (l.iHli-lit Co. V. Hrady, .'{9,3. 
 Patton V. .Springlii'ld, 4;i9. 
 
 Payne v. Urecon, 270, .308. 
 
 — V. (}( odyciir, 82(i, 847, 852. 
 Peachc v. Colinan, 911. 
 Peacock v. Ite^'., 705. 
 
 Pearce v. Bai truni, 451. 
 Pearson v. York, 498. 
 Peck and tin- Corporation of (Jalt, In re, 
 2.39, 242, 244,401, 522. 
 
 — and IVtcrhoroiigh, Ho, 236. 
 
 — and tlic Town ol Oalt, 716. 
 
 — V. liat ivi.i, 489. 
 
 — V. Miinro, 817, 8.38. 
 
 — V. Waterloo and Scaforth Local 
 
 Board of Health, 403. 
 Pedley v. Davi.?, 750, 770. 
 Pedrick v. Hailey, 424. 
 Peek V. Mdelds, 313. 
 Peers v. Oxford, 184, 188. 
 Pella V. Schottc, 401. 
 Pells V. Bos well, 242. 
 Pembroke v. Canada Central II. W. Co., 
 
 12, 208, ors. 
 
 Pennsylvania District Election, 77. 
 
 — \i. VV. Co. V. McCloskey, 
 
 Penny, Re, 3(i9. [498. 
 
 Ponryn Case, 160. 
 Pentland v. Heath, 773. 
 Pentz V. Vl-^tna Ins. Co., 430. 
 People V. All)any, 354. 
 
 Auditors of iMayno,203. 
 
 Batcholor, 177. 
 
 Buaubien, .^OO. 
 
 Bedell, 179, .352. 
 
 Benson. 39,3. 
 V. iirenhani, 77. 
 V. lironnan, 2.50. 
 V. Brighton, 30!». 
 
 Broadway Wharf Co., 355. 
 
 Brooklyn, 439. 
 
 Carpenter, 19. 
 
 Collins, 40. 
 
 Commissioners of Highways, 
 487. 
 
 Coon, 005. 
 
 Cooj)er, 504. 
 
 Cornell, 182. 
 
 Cnnnini^hani, 389, 434. 
 
 Fairlmry, 77. 
 
 Karnhum, 20. 
 
 Oardncr, 740, 
 
 Hibernia Bank, 708. 
 
 Holmes, 184. 
 
 Jones, .500. 
 
 Lawrence, 204. 
 
 I,owlier, 4.">0. 
 
 Martin, 179. 
 V. Mayor, 782. 
 V. McCreery, 712. . 
 
 Mitchell, 005. 
 
 Mondl, 41. 
 
 Morris, 232. 
 
 Police Jnstice, 772. 
 V. Porter, 130. 
 V. Uector &c., 324. 
 V. Kunkle, 13. 
 V. .Saratoga and llensselair R. \V 
 
 Co., 504. 
 V. Salomon, 716. 
 V. Sergeant, 379, 392. 
 V. Smith, 308. 
 V. Wethertll, 129. 
 V. Whiteside, 171. 
 ex rel. Cunningham v. Roper, 279. 
 ex rel. Detroit and Howell R. W. 
 
 Co. V. Salem, 004. 
 ex rel. Hanrahan v. Metropolitan 
 
 Police Hoard, 131. 
 ex rel. Loew v. Batchelor, 179. 
 ex rel. Shinnway v. Bennett, 16. 
 ex rel. Whiting v. Carrique, 131 ► 
 
 V. 
 V. 
 V. 
 V. 
 V. 
 
 V. 
 
 v. 
 
 V. 
 V. 
 V. 
 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 
 V. 
 V. 
 V. 
 V, 
 
XXXIV 
 
 TABLE OF CASES. 
 
 People's Milling Co. v. Moaford, 277, 
 
 279. 
 Peoriii V. Calhouu, 213. 
 
 Bridge Association v. Loomis, 490. 
 
 Peplow V. Hiohaiilsoii, 911. 
 Perdiio and C'hitKiuacoiisy. .S')9, 440. 
 
 — V. Chinguaoonsy, 11, .'»23. 
 Perkins v. Coiuord K. \V. Co., 402. 
 Perrimnn v. Sto^'grill, 2!>7. 
 
 Perrin v. Railroad Co.. 4(>1. 
 Perry v. Ottawa, 1 1 . 
 
 — V. Powell, 817. 
 
 — V. Wliitl)y, 241, 274. 
 PesterKeld v. VicUorH, .329. 
 Peterborougii v. Hurnliam, (52. 
 
 — V. Edwards, 871. 
 V. Hatton, .32.3. 
 
 — V. Sniitli. 411. 
 
 Petera v. Board of I'olioe of London, 4.')2. 
 
 — V. President and Board of Police 
 
 of London, Stil. 
 Peterson v. New Yoik.4.'')0. 
 Petheriok v Sargent, 927. 
 Pettierbrid<{e v. .Ash, 773, 774. 
 Peto V. West Hain, 708. 
 Pettambenlaa v. Tliackoor8eyda.ss, 466. 
 Pettigrew v. Evansville, 440, 493. 
 Petty V. Toi>ker, (i8. 
 Phifer v. Cox, 481. 
 Philadelphia '• (Jiven, 204. 
 
 V , Fi«ld, 5U6. 
 Phillips' Case, 72. 
 Phillips V. Allen, 36.J. 
 
 — V. Bury, 874. 
 
 _ V. Lonilon and S W. R. W. 
 Co., 497. 
 
 — V. Merritt, 1.34. 
 
 — V, Winslow, 710. 
 
 Philpott V. .S. George's Ho.spital, 8. j 
 
 Phoenix Ins. Co. v. Kingston, 708, 741, ' 
 742. i 
 
 Pickering v. James, 90, 108. | 
 
 Pickhani v. .Smith, 492. i 
 
 Pieniental v. .San Franci.sco, 170. | 
 
 Pierce v. Butruni JIS. 421. ] 
 
 — V. Carpenter. 19. 
 
 — V. New Bedford, 443. j 
 
 — V. Ilichanlson, 181. 
 
 — V. Swan I'oiut Cemetery, 385. 
 Piko V. Middleton, 204. 
 
 Pilcher v. Stafford, (518. 
 Pim V. Ontario, ' 1 , 334. 
 Pimlico. Ac, Tramway Co. v. Green 
 
 wich. 731. 
 Piper V. Chappell, .m, 872, 
 
 Piric and Dundas, In re., 278. , 
 
 I'ittshurg V. drier, 'Mii. 
 
 Placeville v. Wilcox, 14. 
 
 Plank Koail Co. v. IJaniage, 482. 
 
 — V. I lineman, 482. 
 
 — V. ThonuiH, 482. 
 IMatt and Toronto, In re., 243, 699. 
 
 - V. Toronto. Re, 244. 
 Player v. .lenkins, 421. 
 I'luniatead Board of Works r. British 
 
 Land Co., Mi. 
 
 Poe, In re., 781. 
 
 V. Inyoldby, 808. 
 
 Pole V. Pole, 373. 
 Poll V. Indianapolis, 404. 
 Pond V. Negus, 212. 
 Ponton V. lUillen, 441. 
 I'ool V. Boston, 203, 414. 
 I'oole Election, In re., 127. 
 
 — V. Huskinson, 4S4. 
 Tope V. Backhouse, ()5. 
 
 — V. Whalliy, 45,3. 
 
 Poplar Board ot \\ oi !;s v. Knight, 403. 
 
 Portland v. Crilliths, 489. 
 
 I'ortman v. OkeiKn, 312. 
 
 I'ort Kowan High School v. Walsing- 
 
 ham, In re, 331. 
 Port Whitby, &o., Road Co. v. Whitby, 
 
 482. 
 I'ostniaster-tJcneral v. Rice, 184. 
 Potts V. Dunnville, 269. 
 Ponlin V. Quebec, 9J8. 
 Pound V. Pluiusitead Board of Works, 
 
 mi. 
 
 Pousc'tt and Land)ton, In re, 346. 
 Powell V. Apollo (handle Co., 16. 
 
 V. (iuest, (>9. 
 Powers V. Wood County, 36. 
 Pratt V. Hillninn, 429. 
 
 — V. Stratford, 300, 370. 371, 623. 
 Presbyterian Church v. New York, 209, 
 
 384. 
 Prescott Electioii, 1.09, l.'iO. 
 President V. Mv<ms, 13. * 
 
 — V. O'M .alley, 181. 
 
 — &,c. , of tlio Bronte Harbour 
 
 Co. V. White, .365 
 Preston and Manvera, 217. 
 
 — and the Townsliip of Manven, 
 
 176. 
 
 — Corporation of Camden, ,')73. 
 
 — V. Oreat Yarmouth, 305. 
 Price V. Baker, 129. 
 
 — V. R. W. Co., 170. 
 
 — V. Seely, 328. 
 
TABLE OF OASES. 
 
 XXXY 
 
 Price V. Thompson, 461. 
 
 Prince and Toionto, In re., 209, 330, 831. 
 
 — V. Lewis. 452. 
 
 Pringle and McDonald, Re., 306. 
 
 — and Stonnont, Dundaii, and Glen- 
 
 garry, 323. 
 
 — McDonald, '203. 
 Proctor V. Lowistoii, 484. 
 
 — V. Mnn waring, 65. 
 Pronffuey v. Gurnoy, 807. 
 Prouufoot V. Austin, 8r)5. 
 
 — V. Ihisli, H4(i. 
 ProuBO V. (jilenny, 479. 
 Providence v. cLpi), 488, 490. 
 Providence Banic v. Jiillinga, 719. 
 Pryor v. Pryor, 484. 
 Pugh V. Duke of Leeds, 134, 1.35. 
 Pulaski County v. Lincoln, .302. 
 Punipelly v. (Jreen Bay Co., .370. 
 Purdy v. Farley, 485, 530, 632. 
 Purkis v. Huxtablo, 9G3. 
 Putnam v. Payne, 386. 
 Pym v. Great Northern R. W. Co., 498. 
 
 Queen's County Case, 112. 
 Quin and tlie Treasurer of the Town of 
 Dundas, In re, 816. 
 
 — v. Moore, 498. 
 
 — v. O'Keefo, 8. 
 Quincy v. Barber, 491. 
 
 — v. Jones, 52*2. 
 
 Raab v. Maryland, 19. 
 Rackham v. Bluck, 31.3. 
 Railroad Co. v. Buffalo, 443. 
 
 v. Evansville, 250, 605. 
 — V. Spearman, 37, 711. 
 
 Raines v. Credit Harbour Co., 352. 
 Raleigh v. Sorrell, 451. 
 Ramsay v. Nornabell, 442. 
 
 — V. Western District, 12. 
 
 — v. Western District Council, 181. 
 Randall v. Ewtern 11. W. Co., 490, 600. 
 
 — V. P]lwell. 710. 
 Randell v. Trimon, 15. 
 
 Rankin v. Great Wcntern R. W. Co., 
 
 371. 
 Rapho and West Hempfield Townships 
 
 V. Moore, 492. 
 Rastrick v. Great Western R. W. Co., 
 Rathbun v. Acker, 369. [495. 
 
 Rawdon v. Ward. 188. 
 Rawlinc V. Wood, '297. 
 Ray V. Manchester, 444, 491. 
 — T. Petrolea, 488. 
 
 Raymond v. Lowell, 489, 491. 
 Raynea v. Crowder, 840, 864. 
 Read v. Edwards, 386, 410. 
 
 — v. Perrett, 434. 
 Iledgate v. Haynea, 941. 
 Reed t. Northtield, 491, 493, 496. 
 Reeve v. Wood, 313. 
 Reeves v. Toronto, 11, 439. 
 Regents Canal Co. v. 8t. Panoras, 707. 
 
 — of the University v. Williamt, 
 
 131. 
 
 — Ac, v. Williams, 170. 
 Regina v. Abney Park Cemetery Co., 
 
 714. 
 
 — v. Ackroyd, 951. 
 
 — V. Allbright, 9.55. 
 
 — V. Archdeacon of Chester, 93. 
 
 — V. Afihton, 132, 941. 
 
 — V. Backhouse, 90. 
 
 — V. Bailiffs of Ipswick, 13. 
 
 — V. Bamber, 494. 
 
 — V. Barnwell, 162. 
 
 — V. Barton, 311. 
 
 — V. liassett, 397, 419. 
 
 — V. Beardsall, 120. 
 
 — V. licdminster Union, 760. 
 
 — V. Belmont, 214, 894, 9'29, 957. 
 
 — V. Bennett, 423. 
 
 — V. Birmingham, 46. 
 
 — V. Birmingham Waterworks Co., 
 
 707. 
 
 — T. Bishop of Huron, 478. 
 
 — V. Black, 937, 9.-)5. 
 
 — V. Blackawton, 776. 
 
 — V. Blagge, 753. 
 
 — V. Blakeley, 397. 
 
 — V. Bleakley, 311. 
 
 — V, Bleakeley. 314. 
 
 — V. Blizard,'l30, 151. 
 
 — V. Boanlman, 1*24, 313. 
 
 — V. Board of Guardians, &c., 487. 
 
 — V. Board of Police of Niagara, 
 
 918. 
 ~ V. Bolton, 779. 
 
 — V. Booth, 916. 
 
 — V. Boulton, 483. 
 
 — V. Boycott, 69. 
 
 — V. Boyle, 309. 
 
 — V. Bradford, 89. 
 
 — V. Bradford library and Literary 
 
 Society. 717. 
 
 — V. Bradley, 96. 
 
 — V. Breen, 9'29. 
 
 — V. Bridge water, 153, 744. 
 
 — V. Brittle, 168. 
 
 _1 ''■ 'I 
 
 )|lt)'if 
 
 II 
 
 I' I 
 
 ;.j 
 
 / 
 
 h '"■ 
 
 '' •A' 
 
 i , i'; 
 
 ^i .!:• 
 
XXXVl 
 
 Rc^iim V. Hrown nn 
 _ V. Miir.ili, K 
 — V. IIunIi, J I. 
 
 V. ('aii.|il.»'ll. !»."?(!, HM, ^9 
 
 _ V. Cfirlc^toii, 
 
 -.Of), r.oo. 
 
 _ V. (\irlil.", ;«»». 
 
 — V. t'iiNM\v( II, 4r>\). 
 
 — V. ('jiViiii;iL;li. !•;{<>, OA'i, 953. 
 _ V. ('hapmim, :{•-'!>, .TU, H(i. 
 
 — V. ('Ii;iil.'.s\v<.rtli, .'l!»;«, 443 
 
 — V. (;ii;vytfr. tl>. 
 
 — V. Cliesliii'f I<iiic's('oiiiiuittoe,441 
 
 — V. Clioil.'v, ;<!)!>. 
 _ V. CMaik.ail. 
 
 — V. Clcttortli, .'{47. 
 _ V. Co.iks. 'JO'i. 
 _ V. ('(>i'kl)urii, !U)'2. 
 
 — V. (\)iiil)c. 4-JH. 
 
 — V. (,'oiiiini''-iiiiin rs of Llaiulilo 
 
 _ V. Cooper. !>.S, 400. 
 
 _ V. C.niuall, I -J!), T'iO, 709, 774. 
 
 — V. Cottle, 'i<i!t, <;i(». 
 
 — V. Court of Uovisioii of Cornwull, 
 
 7()">, 77">. 
 
 — V. Cousins, 12S. 
 
 — V. Coutts, 417. 
 
 — V. Co\v:iii, 92. 
 _ V. Cowar.l, !Ki, 7.10. 
 
 — V. ( 'rawkv, 40.1, 
 
 — V. Criillaud, ;{I4. 
 
 — V. Crofts, !l.-)0. 
 
 — V. ( 'ruiidiii, .S97. 
 
 — V. ('uinl.irU'^'o. 182, .W(), 323. 
 
 — V. Cutiilurt, 24;{, 360. 
 
 — V. (hirrie, 7. 
 
 — V. D.nggett, Oil. 
 
 — V. Davcuiiort, 2IG. 
 
 — V. Diivios, ;»!!8. 
 
 — V. Davis, 4.'I4, 480. 
 
 — V. |)ayiiiai), 779. 
 
 — V. Dfaiie, 902. 
 
 V. Doi^'liton, 72, 7.30. 
 V. Denliain, 892, 926. 
 
 TAKLR OF CKSKB. 
 
 # 
 
 1 Street, 482, 60S. I Rogiim v. Kxt>tor, (\9. 
 
 I — V. Kairill, 397. 
 
 — V. I'aulkiirr, S92. 93(5. 
 
 — V. Fi'f, 928. 
 
 — V. Finniii, JHL'. 
 
 — V. iMMJitr-. (".09. 
 
 — V. Kit/K«T.tl.l, 48!!, 489. 
 
 — V. FraiiiMM, (}.*{, (10. 
 
 — V. KcankliM, 04. 
 
 — V. Kn iKJi, 9.'{(!. 
 
 — V. (Jaiiil)li', 777. 
 
 — V. (iarl.iii.l, 9.")(). 
 
 — V. < Jas Co., 44.'{. 
 
 — V. (ilaiiiorgansliiri!, 31 1, 483. 
 
 — V. (il.iiiiorgaiisliiru Canal Co.^ 
 7.-.(). 
 
 — V. Ciossop. .?I4. 
 
 — V. (ilouc'osfcr, 131. 
 
 — V. (ioiliii.iuclu'stcr, 404. 
 
 — V. Oor.loii, 4S:<, 948. 
 
 — V. (ior.!, 20.1 
 V. (Jraiiigcr, 93."i, 9.')2. 
 
 — V. (iravrllc, 4."i0. 
 
 — V. (iroat Western I!, W. Co., 
 479, 4S0, .-.:io. 
 
 — V. Oreeiie, 202. 
 
 — V. ( Jreeuliow, 194. 
 
 — V. (;re;,'ory, 7.*'0. 
 
 — V. (iuardians of Biggleswade 
 I'liioii, 7l)0. 
 
 — V. (Mi.inli.iiis of St. Ives UnioOi 
 70. 
 
 — V. lliig-ard, 9:{0. 
 
 — V. Hal<lini,iii(l, ')!'.''), 500. 
 
 — V. Hall, 4 SO. 
 
 — V. Ha , ond, 7.S0. 
 
 — V. II iwkius, .'{I4. 
 
 — V. Ilayiie^-, .'!!I9. 
 
 — V. lieiison, Kt.SO. 
 
 — V. Here<.rd. 781. 
 
 — V. Hertford Collego, 1.30. 
 
 — V. Hi:;liway lioinl of Drayton in 
 
 — V. 
 
 Derby, 
 
 4 i- 
 
 — V. Derbyhihiro, 504. 
 
 — V. iJodsworlb, 88. 
 
 — V. Donaldson, 484. 
 
 — V. Dublin, 911. 
 
 — V. Du(|uette, 929. 
 
 — V. Earl of Northumberland, 5.38. 
 
 — V. Kasi London Waterworks, 707. 
 
 — V. East Mark, 483. 
 
 — V. Kllis, HS. 
 
 — V. Ely, :U1, 902. 
 
 Wales, 52! ». 
 
 — V. Iliorns, 192. 
 
 — V. Hiseox, 325. 
 
 — V. Hoggard, 9.V2. 
 
 — V. Hollister, 4.57. 
 
 — V. Holmes, .397. 
 
 — V. llorley, 4S7. 
 
 — V. Hornsea, 490. 
 
 — V. Howard, 958. 
 
 — V. Hulnie, 107, 108. 
 
 — V. Humphrey, 198. 
 
 — V. Hungerford, 202. 
 
 — V. Hunt, 478, 479. 
 
 % 
 
 *5- 
 
TADLE OF CASES. 
 
 XXXVU 
 
 Reglna v. Tii^ill, IS.'i, TIM. S7I. 
 
 lull il>itiiiitH ol lloniHoa, 404. 
 
 Inli.iliitauts of l.onlHiiiei'u, 4S7. 
 
 Iiili;il>itaiitM of New Sivrem, 40. 
 
 Ivnm, IKJM. 
 
 .IuiUmoi., 100. 
 
 .lurvirt, 4().'t. 
 
 .lay, 4.'!.-.. 
 
 JoiiiiMoii, '.'14, .'M4, .'Hr», 428. 
 
 JniU'8, !);),■{. 
 
 .Iiisti<-cs (if IWiokiiigliamshii'c, 
 
 774. 
 .IiiMliccs of ClK-Hliiro, 7<ir), ftOli. 
 iliihtici's of |)«'iil)ii^li«liir«% 774, 
 JiiHtict's ((•■ Kmscx, 77'). 
 .Ju.slici'M of iliintiiigduufiliiri', 
 
 77;{. 
 
 • Iiisticew of Kent, 774. 
 
 .Iii»ti(!i's of l.iiK'oliiHliiro, 77.'{. 
 
 •luHtiriH of Middlfsex, Hi!"}. 
 
 .lustictjs of Nowcastlo-up«ii- 
 'l>iie, 774. 
 
 .JiiMticis of North Hiding of 
 N'orkMliiii', 7<)ri. 
 
 .hiHtii-i'.s of Oxfordshire, ^774. 
 
 JuHtircM of (.(lU'inV, 930. 
 
 .'UHticus of Salop, 773. 
 
 Justicts of Siini'V. 77.'?. 
 
 Justices of Wi'st Hiding, York- 
 sliirc, 77"!. 
 V. Konnutt, ,Si).'). 
 V. Konsin^toii, 897. 
 V. Kuw, 497. 
 V. King, 9."»S. 
 V. Kinglakf, KiS. 
 V. KitcJHMK r, 487. 
 V. Klenip, 947. 
 V. Lack it;, .".13. 
 V. Lake, 9r)4, 9."».-). 
 
 V. Lane, i;«(), i:?i. 
 
 V. Lawrcnte, 943, 955. 
 
 V. Leader, 89H. 
 
 V. Leake, 499. 
 
 V. Ledyard, 117. 
 
 V. Lee.ls. 117, 129, 153. 
 
 V. Lennox, 9'24, 947. 
 
 V. Lconiinster, 705. 
 
 V. Levecque, 390, 397. 
 
 V. Levi, 779. 
 
 V. LichHeld' L'»3, 308. 
 
 V. Light, 3'_'9. 
 
 V. Linconih, 399. 
 
 V. Lister, 424. 
 
 V. Lloyd, 484. 
 
 V . LocaK I o ve rnmentBoard, 37,744 
 
 — V. 
 
 — V. 
 
 — V. 
 
 — V. 
 
 — V. 
 
 — V. 
 
 — V. 
 
 — V. 
 
 V. 
 
 — V. 
 
 — V. 
 
 — V. 
 
 — V. 
 
 V. 
 
 — V. 
 V. 
 
 — V. 
 
 — V. 
 
 — V. 
 
 — V. 
 
 — V. 
 V. 
 
 — V. 
 
 — V. 
 
 lU'gitia V. London and North Wentern 
 K. W. Co., 730. 
 V. Longton ( luH ( 'o., 393. 
 V. LonlM of tlu! Treannry, 750. 
 V. f.ouj^hton, 399. 
 
 — V. Louth, 4H'2, 502, 504. 
 
 — V. Mallow Union, 8. 
 V. MaiMh.dl, 418. 
 
 — V. Martin, 402. 
 
 — V. May, 201. 
 
 — V. Mayi)ury, 400. 
 
 V. Mayor of llungi f, ()0. 
 
 V. Mayor of liridgewatcr, 750. 
 
 V. Mayor of Kxcttr, 703. 
 
 — v. Mayor of llarwick, 775. 
 
 — V. .Mayor of List r(ioul, 717. 
 V. Mayor of Norwich, 750. 
 
 — V. Miiyor of Oldham, 712. 
 
 — V. Mayor, itc. , of llirniinghain, 
 
 791. 
 
 — V. Mayor, &.c., of Harwich, 750. 
 V. Mayor, &c. , of Lichtield, 750. 
 V. Mavor, itc, of Newhurv, 756. 
 
 — V. Mayor, fiv., of I'ocde, 4;'t3, 494. 
 
 — V. Mayor, &<;., of Shetlield, 18(5. 
 
 — V. Mci'ann, 713. 
 
 — V. McCarthy, 9.'»2. 
 
 — V. MuC'onnell, ".VJ. 
 
 — V. McOrogor. 410. 
 —- V. Mclnto.sh, 139. 
 
 — V. MeNicol, 418. ' 
 
 — V. Mahoy, 942. 
 
 — V. Mar.sh.dl, 930. 
 
 — V. Merir'netlishire, 311. 
 
 — V. Meyers, 475, 47(). 
 
 — V. Midillcsex, "87. 
 
 — V. Midland K. W. Co., 708. 
 
 — V. Monck, 791. 
 
 — V. Mohr, 455. 
 
 — V. Morris, 472. 
 •IT- V. Morton, 130. 
 
 — V. Mosier, 308. 
 
 — V. Munro, 303, 395. 
 
 — V. Mutters, 423. 
 
 — V. Neat.-h, 708. 
 -- V. Neath, .347. 
 
 — V. Newlxdd. 499. 
 
 — V. New Windsor, 40, 701. 
 
 — V. Norwich, 183. 
 
 — V. Nunn, 402. 
 
 — V. Ohlhanj, 02. 
 -— V. Orcliard, 397. 
 
 — V. Organ, 397. 
 
 — V. Osier, 209, 243, 317, 403. 
 
 — V. Overseers of Neath, 707- 
 
 t-4 
 
^^^h' 
 
 XXXVIU TABI.JS U 
 
 r UAHC 
 
 EH. 
 
 9 
 
 Recrina v. Overseers of Whaddon, 730. 
 
 Regin 
 
 a V. 
 
 Hi 
 
 ^^^o 
 
 V. Oxford and Whitney Turnpike 
 
 — 
 
 V. 
 
 IH 
 
 
 Roads, 506. 
 
 — 
 
 V. 
 
 ^^Hi 
 
 _ 
 
 V, Paget, 400. 
 V. Palmer, 928. 
 
 — 
 
 V. 
 
 IBi 
 
 „ 
 
 
 
 H 
 
 . 
 
 V. Paramore, 14. 
 
 — 
 
 V. 
 
 fl 
 
 
 
 V. Paris, 482. 
 
 — 
 
 V. 
 
 Hj 
 
 ^__ 
 
 V. Paton, 935. 
 
 — 
 
 V. 
 
 H 
 
 
 
 V. Perth, 217, 293, 502, 503, 522. 
 
 — 
 
 V. 
 
 Hi 
 
 
 
 V. Petrie, 483. 
 
 
 
 V. 
 
 Hj 
 
 — 
 
 V. Phillips, 515, 522, 530. 
 
 — 
 
 V. 
 
 Hi 
 
 — 
 
 V. Pipe, 443. 
 
 — 
 
 V. 
 
 HI 
 
 — 
 
 V. Plenty, 96', 128. 
 
 — 
 
 V. 
 
 H| 
 
 
 
 V. ^lunkett, 479, 480, 481, 515. 
 
 — 
 
 V. 
 
 [M'' 
 
 
 
 V. Ponsford, 429. 
 
 
 
 V. 
 
 a 
 
 
 
 V. Poole, 750. 
 
 
 
 V. 
 
 ■; 
 
 
 
 V. Powell, 517. 
 
 
 
 V. 
 
 1 
 
 
 
 V Praler, 952. 
 
 
 
 V. 
 
 8 
 
 
 
 V. Prest, 203. 
 
 — 
 
 V. 
 
 ml I 
 
 _ 
 
 V. Preston, 724. 
 
 — 
 
 V. 
 
 M 
 
 — 
 
 V. Preece, 202. 
 
 — 
 
 V. 
 
 H 
 
 
 
 V. Price, 167. 
 
 — 
 
 V. 
 
 H 
 
 — 
 
 V. Prittie, 924, 978. 
 
 — 
 
 V. 
 
 1 '< 
 
 — 
 
 V. Purdy, 479. 
 
 
 
 ■ 
 
 — 
 
 V. Ratiles, 904. 
 
 — 
 
 V. 
 
 1 
 
 — 
 
 V. Recorder of King's Lynn, 953. 
 
 — 
 
 V. 
 
 1 
 
 — 
 
 V. Recorder of Liverpool, 774. 
 
 — 
 
 V. 
 
 
 — 
 
 V. Rector of St. Mary, Ijambeth, 
 
 — 
 
 V, 
 
 ;; 
 
 
 128. 
 
 — 
 
 V. 
 
 1 
 
 — 
 
 V. Reeves, 325. 
 
 — 
 
 V. 
 
 1 
 
 
 
 V. Reid, 448. 
 
 
 
 V. 
 
 'J' 
 
 — 
 
 v. Registrar of Joint Stock Com- 
 panies, 13. 
 
 _,_ 
 
 V. 
 V. 
 
 / 
 
 — 
 
 V. Rice, 941. 
 
 — 
 
 V. 
 
 ■ 
 
 
 
 V. Robinson, 386. 
 
 — 
 
 V. 
 
 
 — 
 
 V. Rochester, 768, 769. 
 
 — 
 
 V. 
 
 
 — 
 
 V. Roddy, 167, 313, 928, 960. 
 
 — 
 
 V. 
 
 
 * 
 
 V. Itodwell, 928, 929, 938. 
 
 — 
 
 V. 
 
 
 
 
 V. Ross, 316. 
 
 
 
 
 — 
 
 V. Rowell, 916. 
 
 — 
 
 V, 
 
 
 — 
 
 V. Rowley, 129. 
 
 — 
 
 V. 
 
 
 — 
 
 V. Roxburgh, 329. 
 
 — 
 
 V. 
 
 
 — 
 
 V. Rice, 363, 395. 
 
 — 
 
 V. 
 
 
 — 
 
 V. Rippon, 129, 131. 
 
 — 
 
 V. 
 
 
 ■_ 
 
 V. Rubidge, 479. 
 
 — 
 
 V. 
 
 
 — 
 
 V. Ryan, 181. 
 
 — 
 
 V. 
 
 
 
 
 V. Rymer, 62, 386. 
 
 — 
 
 V. 
 
 
 _ 
 
 V. Salford, 897. 
 
 — 
 
 V. 
 
 
 — 
 
 V. Sanderson, 530. 
 
 — 
 
 V. 
 
 
 — 
 
 V. Sandwich, Re, 206. 
 
 — 
 
 V. 
 
 
 — " 
 
 V. Saunders, 379 
 
 — 
 
 V. 
 
 
 — 
 
 V. Scott, 486. 
 
 — 
 
 V. 
 
 
 — 
 
 V. Sergent, 69. 
 
 — 
 
 V. 
 
 — 
 
 V. Severn, 893, 925. 
 
 — 
 
 V. 
 
 
 ( 
 
 V. Sheard, 774. 
 
 — 
 
 V. 
 
 . Shiles, 515, 522. 
 
 . Shropshire, 92. 
 
 , Slatter, 198. 
 
 . Smith, 131, 183, 342, 396, 467. 
 
 904, 952. 
 . Snider, 124, 872, 874. 
 . Southworth & Marshall, 708. 
 , Spalding, 88. 
 , Sparrow, 430, 768. 
 , Spence, 479, 483. 
 , Spratley, 730. 
 , Stafford, 920. 
 , Stamford, 204. 
 , Stevenson, 405. 
 , St. George Southwark, 756. 
 . St. George's Union, 72, 712. 
 , St. Luke's, 369, 523. 
 , St. Martins-in-the-Fields, 136. 
 
 St. Martin's, Leicester, 756. 
 
 St. Mary Abbot's, 714. 
 
 Stoke Bliss, 759. 
 
 Stouncl, 951. 
 
 St. Paul's, Covent Garden, 
 240. 
 
 Strachiin, 936, 947, 952, 960. 
 
 Summers, 950. 
 
 Sutton, 936, 954. 
 
 Tamworth. 153. 
 
 Taylor, 893, 924, 925, 948. 
 
 Tewkesbury, 65. 
 
 Thallman, 397. 
 
 Thompson, 88. 
 
 Thwaites. 160. 
 
 Tidderley, 130. 
 
 Tithe Commissioners, 437. 
 
 T. oley. 329. 
 
 Tott; 973. 
 
 Tower Hamlets ( .'onimission- 
 ers, 437. 
 
 Townsliip of McGillivray, 506. 
 
 Train, 393, 443. 
 
 Tucker, 392. 
 
 Twiss, 781. 
 
 Vine, 898. 
 
 Walker, 329. 
 
 Wallace, 782. 
 
 Ward, 9.'>, 128, 140. . 
 
 VV'arwick, 153. 
 
 Watson, 397. 
 
 Webb, 397. 
 
 Webster, 428. 
 
 WeH)ank, 756. 
 
 Wellard, 397. 
 
 Wellington, 502, 505. 
 
 West Uerby, 713. 
 
TABLE OF CASES. 
 
 XX XIX 
 
 V. 
 
 — V. 
 
 — T. 
 
 — V. 
 
 — V. 
 
 — V. 
 
 — V. 
 
 — V. 
 
 — V. 
 
 V. 
 
 V. 
 
 — V. 
 
 Eegina v. Westhoughton, 774. 
 
 — T. West Middlesex Water Co., 
 707. 
 
 Westmoreland, 311, 774. 
 West ividing of Yorkshire, 
 504, 506. 
 
 White, 95, 1S6, 921/. 
 
 Williams, 490, 936, 946, 958. 
 
 Willis, 950. 
 
 Wood, 364, 429, 431. 
 
 Worcester, 13?. 
 
 Wyatt, 314. 
 
 United Kingdom Telegraph 
 Co., 489. 
 
 York, 14, 66. 
 
 Yorkville. 10, 481, 483, 487. 
 499, 505. 
 
 Young, 925. 945, 952, 960. 
 ex rel. Acliesou v. Douoghue, 146. 
 ex rel. Adamson v. lioyd, 57, 65, 
 
 76. 
 ex rel. Allemaing v. Zoeger, 78, 
 
 81, 209. 
 ex rel. Andrews v. Collins, 117. 
 ex rel. Armor v. Coste, 64, 65. 
 ex rel. Arnold v. Wilkin-son, 53. 
 ex rel. Arnf)tt v. Marchant, 62, 
 
 146. 154. 
 ex rel. liartliffe v. O'Reilly, 142. 
 ex rel. Beaty v. O'Donaghue, 135, 
 
 136. 
 ex rel. Bender v. Preston, 61. 
 ex rel. Bland v. Figg, 64. 
 ex rol. Blakely v. Canavan, 58. 
 ex rel. Blisdell v. Rochester, 56, 
 
 140, 202, 342, 611. 
 ex rel. Hole v. McLean, 59, 198. 
 ex rel. Boyes v. Detlor, 62. 
 ex rel. Brine v. Booth, 6,3. 
 ex rel. Bugg v. Bell, 138. 
 — V. Smith, 65. 
 
 ex rel. Bulger \'. iSniith, 117. 
 ex rel. Campbell v, O'Malley, 142. 
 ex rel. Carroll v. Heckwith, 56, 
 
 59, 76, 139. 
 ex rel. ( 'haml)er3 v. Allison, 59, 68. 
 ex rel. Charles v. Lewis, 1.5,3. 
 ex rel. Chuuncey v. Billings, 138, 
 
 139, 1-12. 
 ex rel. Clancy v. Conway, 62, 198. 
 
 — V. Mcintosh, 59. 
 
 — V. St. Jean, 137, 
 139, 198. 
 
 ex rel. Clarke v. McMuUen, 65. 
 ex rel. Clint v. Uphani, 138. 
 
 Regina ex rel. Coleman v. 0'Hare,64, 1.37. 
 
 — ex rel. Corbett v. Jull, 82, 88, 92, 
 
 1.38. 
 
 — ex rel. Coupland v. Webster, 146, 
 
 152, 153. 
 
 — ex rel. Coyne v. Chisholm, 93, 94, 
 
 138. 
 
 — ex rel. Crozier v. Taylor, 62, 153. 
 
 — ex rel. Davis v. Carruthers, 64, 65. 
 
 — V. Wilson, 93, 100,. 
 
 118, 153. 
 
 — ex rel. Dyer v. Lewis, 137. 
 
 — ex rel. Dexter v. Gowan, 57, 65. 
 
 — ex rel. Dillon v. McNeil, 88, 153. 
 
 — ex rel. Doran v. Haggart, 51. 
 
 — ex rel. Dundas v. Niles, 100. 
 
 — ex rel. Evans v. Starratt, 170. 
 
 — ex rel. Featherstone v. McMon- 
 
 ies, l,'i2. 
 
 — ex rel. Felitz v. Rowland, 57, 139. 
 
 — ex rel. Ferris v. Her, 64. 
 
 — ex rel. Flanagan v. McMahon,62. 
 
 — ex rel. Flatorv. VanVelsor, 59. 
 
 — - ex rel. Fleming v. Smith, 5(5, 611. 
 
 ex rel. Fluett v 
 
 — V. 
 
 Ford 
 
 Gauthier, 64. 
 
 Seniandie, .57, 59. 
 
 Cottingham, 69, 
 
 McCrae. 66. 
 McRae, 64, 65,. 
 
 Dolsen, 2G2. 
 V. BarteU, 68, 
 
 ex rel. 
 ex rel. 
 
 68. 
 ex rel. — v, 
 ex rel. — v. 
 
 18.5. 
 ex rel. Forsytli v. 
 ex rel. Forward 
 
 69, 72. 
 
 ex rel. — v. Detlor, 65, 145. 
 ex rel. Freeman v. Jones, 152. 
 ex rel. (iamble v. Burnaide, 903. 
 ex I'd. Gardener v. Perry, 88. 
 ex rel. (Jibb v. White, 57, 62. 
 ex rel. (libbs v. Branigan, 93, 
 
 118, 1.53. 
 ex rel. Gordanier v. Perry, 152. 
 ex rel. Grant v. Coleman, 137, 
 
 144, 153. 
 ex rel. Grayson v. Bell, 138. 
 ex rel. Hall v. Grey, 100. 
 ex rel. Halsl d v. Ferris, 198. 
 ex rel. Hamilu -i v. Piper, 59, 769. 
 ex rel. Hanor v. Roberts, 64. 
 ex rel. Hannah v. Paul, 151. 
 ex rel. Harris v. Bradburn, 128. 
 ex rel. Hart v. Lindsay, 54, 130, 
 
 1.36, 137. 
 ex rel. Hartrey v. Dickey, 59. 
 ex rel. Hawke v. Hall, 153. 
 
 } ! 
 
 ■'. ^ I 
 
 i: 
 
xl 
 
 TABLE OF CASES. 
 
 ReL'ina ex rel. Heen.aii v. Murray, 169, 
 170, 171. 
 
 — ex rel. Helliwell v. Stephenson, 
 
 100. 
 
 — ex rel. Hervey v. Scott, 142. 
 
 — ex lel. Hill v. Betts, 05. 
 
 — ex rel. Home v. Clarke, 92. 
 ox rel. Jiuiiiev. Lutz, 117. 
 
 — ex rol. Hydov.liarnliart, 170, 172. 
 
 — ex rel. Johnson v. Murney, 84, 
 
 144, 153. 
 
 — ex rel. Kelly v. Ion, 59. 
 
 — ex rel. Kirk v. Asselstinc.OS, 15.S. 
 
 — ex rel. L^ioliford v. Frizell, 57, 58, 
 
 .(JO, 714, 731, 73.3. 
 -- ex rel. Laiiyton v. Baby, 58. 
 
 — ex rel. Lawrence v. Woodruff, 
 
 45. 
 
 ex rel. Lee v. (iilniour, 65. 
 ex rel. L(»ndc'y v. Pluinnior, 
 ex nd. Loyall v. ronton, 1.38. 
 ex rel. Lutz v. Hopkins, 08, 84, 
 ex re!. — v. Williamson, 
 
 145. 
 ex rel. Mack v. Manning, Ofi. 
 ex t '. MacUit'V v. Coaks, '201 
 ex rt'i. Mctoalf v. 
 ex rel. Metcalfe v, 
 ex rel. Mitchell v 
 ex rel. — v. 
 
 — V. 
 
 Mc' iouvcrin 
 130. 
 
 McChx'gor V. Ker, 58, 76, 
 733. 
 McKean v. Hogg, 153, 
 
 G44. 
 
 
 Smart, 58. 
 Smart, 05, 139. 
 Adams, 138. 
 Davidson, 151. 
 Rankin, 140. 
 V. Lawlor, 
 
 ex rel 
 
 ex ri-1 
 
 IL'O 
 
 ex rel, 
 
 1-2-2, 
 
 ex rel. 
 
 155. 
 
 ex rel. McLean v. Watson, 04, 
 
 1.39, 145. 
 ex 'v' McMami.s V. Ferguson, 51, 
 
 52, 170, -'00. 
 ex lel. McMuIlen v. DeLisle, 64, 
 
 138. 
 ex rel. McVean v. Graham, 50, 
 
 70. 
 ex rel. Moore v. Miller, (5,3. 
 ex rel. North wood v. .Askin, .59, 
 ex rel. O'llcilly v. Charlton, 142. 
 ex rel. Padwell v. Stewart, 06. 
 ex rel. Patterson v. Clark, 64, 60. 
 
 — V. Vance, 139. 
 
 ex rel. I'hilhrick v. Smart, 59. 
 ex rel. I'iddiiigton v. Riddell, 64, 
 
 05. 
 ex rel. I'ollard v. Prosser, 117. 
 
 Regina ex rel. Pomeroy v. Watson, 138, 
 142, 144, 153. 
 
 — ex rel. Preston v. Preston, 79, 8L 
 
 V. Tonchbuni, 98, 
 £08, 128. 
 
 — ex rel. Wanton v. Counter, 60. 
 
 — ex rel. Kegis v. Cusac, 1.38. 
 
 — ex rel. Hicliiimnd v. 'I'egart, ()2. 
 
 — ex rel. Ritson v. Perry, 100. 
 
 — ex rel. Rollo v. Heard, 03, 64, 65, 
 
 153. 
 
 — ex rel. Ro.so v. Beach, 172. 
 
 — ex rel. Rosebush v. Parker, 138, 
 
 139. 
 
 — ex rel. Ross v. Rastill, 60, 1^2. 
 
 — ex rel. Shaw v. Mackenzie, 70, 
 
 1,?0. 
 
 — ex rel. Smith v. Rlouse, 93. 
 
 — ex rel. Stock v. iJavis, 59, 00, 
 
 747. 
 
 — ex rel. Swan v. IJowat, 1.52. 
 ex rel. Tayler v. < ';esar, 09. 
 
 — ex rel. 'IVifer v. Allen, (U, 139. 
 
 — ex rel. I'liompson v. Medcalf, 150, 
 
 — ex rel. Tilt v. Cheyne, 58. | 101. 
 
 — ex rel. TiniiiDg v. Ivlgar, 65. 
 
 — ex rel. Toltcii v. Heiiii, 84. 
 
 — ex rel. Walker v. Hall, 140, 
 
 V. Mitchell, 
 100, 128, l.-)3, 01.3. 
 
 — ex rel. White v. "loach, 137, 1.33, 
 
 1.39. 
 
 — ex rel. Wilson v. Duncan, 137. 
 
 >iS, 
 
 1.53. 
 94, 
 
 Reid 
 
 V. 
 V. 
 
 523. 
 
 Hamilton, 5 
 
 Mc Winnie, 9.V_'. 
 Reilly an<l Owen .Smind, In re, 379. 
 
 V. Philadelphia, 585. 
 Rekine v. lirereton, 4S5. 
 Rentz V. Long Island R. W. Co., 443. 
 IJenwick v. .New Vurk Central 11. W. 
 
 Co., 490. 
 Uequa v Rochester, 491. 
 l{esj)ublica v. .Sparhawk, 3S(). 
 Revell and (Oxford, In re., 7>S5, 791. 
 Rex V. Allen, 478, 480. 
 
 — V. Ainery, 20. 
 
 — V. Andover, 20.5. 
 
 — V. Arnold, 753. 
 
 — V. A.shwell. 4.-), 212, .301. 
 
 — V. Atkins, .39!>. 
 
 — V. liabb, 1,S2, 753. 
 
 — V. Bailey, 72. 
 V. liarber Surgeons, 210. 
 V. Barker, 333. 
 
 — V. Barlow, 4.37. 
 
 
 Rex V. 
 
 - V. 
 
 - V. 
 
 V. 
 
 — V. ; 
 
 V. . 
 
 V. . 
 
 — V. ; 
 
 - V. ] 
 V. 
 V. 
 
 V. 
 
 - V. 
 
 V. 
 
 - V. 
 
 V. 
 
 V. 
 
 V. 
 
 — V. (j 
 
 — V. C 
 
 — V. C 
 
 — V. C( 
 
 — v. 
 
 V. 
 
 r 
 
 — V. Ci 
 
 — V. C( 
 
 — V. C, 
 
 — V. Ci 
 
 — V. C 
 
 — V. 1 
 
 — V. 1 
 
 I 
 1 
 1 
 ) 
 ( 
 
 C 
 ( 
 
 1 
 
 — V. 1); 
 Di 
 Ih 
 
 — V. ]h 
 
 Di 
 1). 
 
 Di 
 
 I-: 
 
 Kc 
 
 E 
 
 K: 
 
 F 
 
 Fc 
 
 - V. 1 
 
 V. 
 
 V. 
 
 V. 
 
 V. 
 
 V. 
 
 V. 
 
 V. 
 
 V. 
 
 V. 
 
 V. 
 
 V. 
 
 V. 
 
 V. 
 
 V. 
 
 V 
 
 V. 
 
 V. 
 
 V. 
 
 V. 
 
 V. Gr 
 V. Gr 
 V. (Jr 
 V. H 
 V. Hi 
 V. H 
 
 F 
 
 F. 
 
 a 
 
 G( 
 
 
 / 
 
TABLE OF CASES. 
 
 xli 
 
 Rex V. Barnard, 179, 352. 
 
 — V. Bellringer, 170. 
 Benn, 441. 
 Bird, 45, 211. 
 Blackmail, 312. 
 Blaiiey, 312. 
 Bo-ul," I'M. 
 Bower, 170, 202. 
 Brulgc'iiiaii, 182. 
 
 — V. Brougliton, 4S(5. 
 
 V. 
 V. 
 V. 
 V. 
 
 \. 
 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 
 Buckle, 4 Hi. 
 Buiusteaii, (>S. 3.52. 
 Bill dor, 201. 
 Buiiiutt, 389, 1030. 
 
 lii'lToll, S71. 
 
 Caiiil)ri(l;;e, 441. 
 Car]il(>, 4.34. 
 Carlisle 177. 
 Carrell, 72. 
 I'liilty, (i2, CS, 352. 
 Cuhhold. 312. 
 Coinmibsiuner.s, 782. 
 
 — of Kxoi.sc, 776. 
 
 — of hewers for 
 Tdwer llainlL'ls, ISO. 
 
 Cottoiill, 4.->4. 
 Cottiill, 421. 
 C'iiVL'ntij20o. 
 Croko, 13. 
 Cross, 39S, 434. 
 Davoy, 398. 
 Derl.vshirc, 504. 
 Dovciii, 504. 
 Devdiishire, 170. 
 Diuipsi'y, 315. 
 i)()l>s()ii, ;»;{(>. 
 
 Jtonouf-ter, 170, .3.52. 
 
 Duke of Uieliinoud, GO, 194. 
 
 IviHtringtoii, 487. 
 
 Eccle.sfiel(l, 487. 
 
 Eye, 72. 
 
 Kylea, 7'?. 
 
 Favcr-shani, 1 70. 
 
 Ferguson, 952. 
 
 Fevershani, 352. 
 
 Flintshire, 2G9. 
 
 Ford, 423. 
 
 (•luueestershire, 505. 
 
 tJoodcheap, 209. 
 
 Greet, 170. 
 
 Grimes, 170. 
 
 (irosvenor, 202. 
 
 Hall, 7. 
 
 Hann, 902. 
 
 Harris, 179. 
 
 / 
 
 Rex V. 
 
 — V. 
 
 V. 
 
 — V, 
 
 — V. 
 
 — V. 
 
 V 
 
 V, 
 
 — V. 
 
 V, 
 
 -- V. 
 
 V. 
 
 V. 
 
 — V. 
 
 V. 
 
 — V. 
 
 V. 
 
 — V, 
 
 V, 
 
 j - V. 
 
 — V. 
 
 - - V. 
 
 the , — V. 
 
 — V, 
 
 — V. 
 
 — V, 
 
 — V, 
 — • V, 
 
 — V. 
 
 — V, 
 V, 
 
 — V. 
 
 — V. 
 V. 
 
 Harrison, 209, 213. 
 Hawkins, 65. 
 Haworth, 269. 
 Headley, 170. 
 Hill, 170. 
 
 Home District, 379. 
 Hughes, 130, 131. 
 Hulcott, 755, 884. 
 Huntingdonshire, 132. 
 Incledon, 400. 
 Inhabitants of Esfex, 186. 
 
 — of Leake, 484. 
 
 — of North Cuiy, 69. 
 
 — of St. Benedrct, 484. 
 Ireland, S78. 
 
 Jefl'reys, 776. 
 
 Johi son, 312, 399. 
 
 Jones, 434. 
 
 Justices of f;ioucestershire, 41. 
 
 Justices of Kent. 247,_7(iO. 
 
 Justices of Norfolk, 773. 
 
 Justices of SulTolk, 776. 
 
 Justices of West Yorkshire, 772. 
 
 Lancashire, 33 4. 
 
 Langlu)rn, 170. 
 
 Larwood, '98. 
 
 Leake, 487. 
 
 Ley land, 201, 202. 
 
 Lindscy, 504 
 
 Little, 410. 
 
 Liver|io()l, 170, 177, 487. 
 
 Lloyd, 398, 402. 
 
 Lucas, 18l', 753. 
 
 Lyme He-is (Fane's Case), 3.52. 
 
 Lyon, 49!). 
 
 M"anchester and Salfurd VN ater 
 Works <;o., 347. 
 
 Marchioness of Downshire, 479. 
 
 Martinis of Buckinghr.m, 504. 
 
 Master, &c., of the Co. of Sur- 
 geons, 213. 
 
 May, 170. 
 
 Mayor, &c., 205. 
 
 Mc Knight, 416. 
 
 Merchant Tailors' Co., 363. 
 
 Middlesex, 902. 
 
 Miller, 170, 210. 
 
 Mitchell, 69, 194. 
 
 Mon.Iay. 170. 
 
 Moore,' 423. 
 
 Morley, 782. 
 
 Morris, 13. 
 
 Mosley, .347. 
 
 Mothersell, 182. 
 
 Neill, 398. 
 
 *' > I J 
 
 
xlii 
 
 TABLE OF CASES. 
 
 Rex V. Neville. 399. 
 
 — r. Newcastle, 182, 324. 
 
 — V. Newcastle-upon-Tyne, 753. 
 
 — V. J^ewdigate, 399. 
 
 — T. Northampton, 483, 504. 
 
 — V. North Curry, 194. 
 
 — V. Oxford, 129. 
 
 — V. Oxfordshire, 487, 504. 
 
 — V. Oxon, 205. 
 
 — V. Palmer, 706. 
 
 — V. Parry, 65. 
 
 — V. Passmorc, 20. 
 
 — V. Patteson, 131. 
 
 — v* Payne, 130. 
 
 — V. Peuderryn, 486. 
 
 — V. Piercy, ;^12. 
 
 — V. Pitt, luo. 
 
 — V. Priest, 315. 
 
 — V, Purnell, 182. 
 
 — V. Rankin, 519. 
 
 — V. Rawlinson, 325. 
 
 — V. Richards, 399. 
 
 • — V. Richardson, 352. 
 
 — V. Rippou, 130, 131. 
 
 — V. Robothiim, 212. 
 
 — V. Russell, 399, 433, 434. 
 
 — V. Sadler, 399. 
 
 — V, Salop, 504. 
 
 — V. Sankey, 204. 
 
 — V. Sannon, 434. 
 
 — V. Sargent, 194. 
 
 — V. Seale, 315. 
 
 — V. Selway, 417. 
 
 — V. Share. 871. 
 
 — V. Shelley, 182, 753. 
 
 — V. Shipley, 312. 
 
 — V. Smith, 315, 417, 425. 
 
 — V. Spencer, 68, 210, 352. 
 
 — V. Stead, 399. 
 
 — V. St. Mary's, Nottingham, 311. 
 
 — V. Stone, .312. 
 
 — V. Storr, 399. 
 
 — V. Swyer, 198. 
 
 — V. Symonds, 315. 
 
 — V. TafFord, 504. 
 
 — V. Tate, 198. 
 
 — V. Taylor, 352, 424. 
 
 — T. Theodorick, 170. 
 
 — V. Tiddcrley, 131. 
 
 — V. Tilly, 312. 
 
 — V. Tizzard, 131. 
 
 — V. Tower, 753. 
 
 — V. Trafiford, 399. 
 
 — V. Trapshaw, 72. 
 
 — V. Trelawney. 131. 
 
 Rex V. Turner, 416. 
 
 — V. Tucker, 761. 
 
 — V. Vantandillo, 389, 1030. 
 
 — V, Vaughan, 155. 
 
 — V. Waddington, 466. 
 -- V. Ward, 434, 515. 
 
 — V. Watts, 398, 399, 401. 
 
 — V. Wavell, 269. 
 
 — V. Wells, 874. 
 
 — V. West Riding of York, 504. 
 
 — V. West Yorkshire, 483. 
 
 — V. Weymouth, 354. 
 
 — V. Wheatman, 952. 
 
 — V. White, 398, 401. 
 
 — V. Whitney, 504. 
 
 — V. Whitwell, 202. 
 
 — T. Williams, 176, 424, 902. 
 
 — V. Winchester, 198. 
 
 — V. Woodrow, 202. 
 
 — V. Wyatt, 315. 
 
 — V. Yorkshire, 399. 
 Reynolds v. Ontario, 196. 
 
 — V. Shreveport, 271, 524. 
 
 — V. Toronto, 451. 
 Rhodes v. Dunbar, 401. 
 Rice V. Foster, 46. 
 
 — V. Keokuk, 271. 
 Richard v. Bent, 816. 
 
 Ricliardson and Commi.ssioners of Police 
 for Toronto, In re., 245. 
 and Toronto, In re., 919. 
 
 — V. Jackson, 249. 
 
 — V. Royalton and Wood'jtock 
 
 Turnpike Co., 506. 
 Richet V. Metropolitan \X. W. Co., 369, 
 
 573. 
 Richland v. Lawrence, 16. 
 Richmond v. Front of Leeds and Lans- 
 
 downe. In re., 10, 387. 
 Ricords v. Maidenhead Board of Health, 
 
 781. 
 Ridgwayv. Toronto, 491. 493. 
 Ridley v. Lamb, 434. 
 Ridcut V. Ketchuin, 838. 
 
 - V. Orr, 134. 
 Pigg V. liOndon, 523. 
 .tiley V. Rochester, 26. 
 Rindge v. Baker, 429. 
 Ring V. Kohoes, 4SS. 
 Ringland v. Toronto, 432, 488, 490, 491. 
 Risdale v. Brush, In re., 802. 
 Risley v. St. Louis, .369, 594. 
 Ritchie v. Smith, 969. 
 Road in Augusta, 212. 
 Roberts v. Chicago, 524. 
 
TABLE OF CASES. 
 
 xliii 
 
 Roberta v. Humbly, 781. 
 
 — T. Kerr, 484. 
 
 — V. Williams, 730. 
 
 Roberiison and ]^<'orth Easthope, In re, 
 552, 646, 547. 560, 564. 
 
 — V. Wtllington, 866, 882. 
 Robins v. Brockton, 12. 
 
 — V. Jones, 184. 
 
 — V. Railroad Co., 370. 
 Robinson, Ex paite, 89. 
 
 — In re, 414. 
 
 — V. Groacourt, 214. 
 
 — V. Shiolds, 812. 
 
 — V. St. I-ouis, 427. 
 
 — V. Stratford, 471. 
 Roch jster v. Pettinger, 452. 
 Rockford, &c., R. W. Co. r. Sage, 203. 
 Roderick v. Ashton Local Board, 404. 
 Roe V. Hammond, 318. 
 
 Rogers, Ex parte, 177. 
 
 — V. Burlington, 250. 
 
 — V. Jones, 182, 211. 
 
 — V. MacNamara, 325. 
 RoUeaton v. Cope, 58. 
 
 Roman Catholic Church v. Baltimore, 
 
 209. 
 Rome V. Cabot, 1036. 
 Roniuey and Mersea, Re, 556, 
 Ronald and the Village of Brussols, In 
 
 re, 777. 
 Rook V. Mayor of Liverpool, 735. 
 Roonan v. Albany, 359. 
 Uose and Stormont, 503, 507. 
 
 — and Stormont, In re, 541 . 
 Rosebaugh v. Saffin, 365. 
 Roaevelt v. Brown, 746. 
 Roaewell v. Prior, 399. 
 
 Koss and York and Peel, In ra, 14, 394, 
 924. 
 
 — V. York and Peel, 210, 929. 
 
 — V. Farewell, 43. 
 
 — V. Fedden, 390. 
 
 — V. Johnson, 134. 
 
 — V. Strathy, 816. 
 Rossln V. Walker, 483. 
 Rounds ■^ Mansfield, 4C8. 
 
 — ". Mumford, 524. 
 
 — V. Stetson, 408. 
 
 — V. Stratford, 491. 
 Rourke v. Mosey, 409. 
 
 Kowo V. Leeds and Grenville, 498. 
 
 — V. Rochester, 1 1, 359, 440, 523, 540. 
 
 — V. Sinclair, 479. 
 
 Rowley v. London and N. W. R. W. Co., 
 497, 498. 
 
 Royse v. Birley, 64. 
 Rudolphe v. New Orleans, 524. 
 Ruskin v. St. Joseph, 440. 
 Russell V. New York. 431. 
 ^ V. New York Central K W. Co., 
 500. 
 
 — V. Regina, 891, 978. 
 
 — V. Shenton, 403. 
 Rust V. Low, 388. 
 Rutherford's Case, 441. 
 
 Ryan v. New York Central R. W. Co. , 
 
 390. 
 Ryckman v. Van Woltenburg, 841. 
 
 — V. Voltenburg, 817. 
 
 Salford Case, 157. 
 
 Salvin v. 'North Branchpeth Canal Co., 
 
 399. 
 Sams and Toronto, In re, 53S. 
 
 — V. Toronto, In re, 13, 92. 
 Samson v. Arthabasha, 356. 
 Santo V. State of Iowa, 4G. 
 Sargant v. Toronto, 813. 
 Sargeant v . Allen, 409. 
 Sarnia, Re, 47. 
 
 — V. Great Western R. W. Co., 
 481, 483. 
 Sauvage v. Trouillet dit Lajeunesse, 968. 
 Savage v. Bangor, 490. 
 Savannah v. Cullena, 451. 
 
 — v.Hartridge,214,708,718,719. 
 
 — V. Waldner, 493. 
 Sawers v. Stevenson, In re, 140. 
 Sawyer v. Vestry of Paddington, 442. 
 Sawyers v. Stevenson, In re. , 62. 
 Scadding v. Lorant, 179. 
 Scammon v. Chicago, 594. 
 Scammond v. Scanunoiid, 181. 
 
 re., 
 
 242, 243, 244, . 
 
 Scarlett and York, In 
 
 518. 
 Scarnings r. Cryers, 361. 
 Sceally v. McCallum, 302. 
 Scekius v. (ioodale, 807. 
 Schaefer v. Luudy, 839. 
 School Board of London v. Vestry of St. 
 
 Mary, Islington, 581, 729. 
 School District v. Atherton, 181. 
 — Trustees and Gait .331. 
 
 — and Sandwich, In re., 381. 
 
 — and Toronto, In re., 381. 
 
 — V. Port Hope, In re., 381. 
 
 — of Mount Forest v. Mount 
 
 Forest, In re., 331. 
 
 — of Sandwich and Sand- 
 wich, In rt., 240. 
 
 '/ 
 
 ihi 
 
 m 
 
 p^ 
 
 Ommi. 
 
xliv 
 
 TABLE OF CASES. 
 
 Sohuylhill Navigation Co. v. McDouough, 
 
 38!). 
 Schwinge V. Dowell, 471). 
 Scott and Harvey, In re., 240, 411. 
 
 — ami I'utcThorough, In re., 411. 
 
 — and 'rilbonbiu-gh. lie.. 'J78. 
 
 — V. Jiurycss and Bathurst School 
 
 'rni«tues, 270. 
 Dickson, l.'!4. 
 Frith, 402. 
 Hale, :190. 
 Leg-. 4'J9. __ 
 Lisiowfl. 7(i'. 
 Mancliestor, .tO.l, 427. 
 lYtirlioroiigh. 2(;!). 
 Union School Sections of Bur- 
 gess and I'atiuirst, .SI 8. 
 Scottisii iVnieriean Investment Co. 
 
 Klora, -J.VJ. ;5,-)(5. 
 Scragg V. t'itv of Liindon, 712, 7o5, 758 
 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 
 / 1 
 
 1. 
 
 Scroggie v. (Iiielph, 404, 4:}f). 
 Scud(itr v. 'i'n iitf)n, <tc. Falls Co. 368. 
 Seanjen's l]os].itai v. l.iverj)oiil, 'M4. 
 Sears v. Dennis, 41) t. 
 
 — v. iJilliiigiuun, ."12. 
 
 Secord and Liiieolu, ;n re, 242, 243, 2.14, 
 274. 
 — V. (ue.at Weistern l{. W.Co., 4{)8. 
 Seeker and i'.ixLon, Jure. S2t>, ^'28. 
 Secretary' of W ar \'. i oronto, 713, 81(3. 
 Seiplc V. Klizalietli, 18."). 
 Se'ls and St. 'Ihonris, In re, 2ol, 253. 
 Sellwood V. Mount, IMl. 
 'jelnia and <.ulf U. \V. C'c, Ex parte, G04. 
 Serrot v. (_)inalia, 4t»S. 
 Sessions v. .Newport, 488. 
 Seybert v. Tittsliuig, 2.")0. 
 Seybill v. National Currency iiank, 30."). 
 Shafer v. Munnna, M).'), S'JG. 
 Shad'ner v. .St. Louis, 308. 
 Sharp v. J).i\ves, i)0. 
 
 — v. Towell, 432. 
 Sharpless v. l'hiladeli)hia, 604. 
 Shaw v. P(ipe, 213. 
 
 — v. Shaw, 712, 713. 
 
 — V. Shaw (C. 1'.), 756, 7.')7, 758. 
 
 — V. — (Q. B.), 756, 757. 
 
 — V. Thompson, 128. 
 Shea v. Lowell, 400. 
 
 Sheffield v. lioard of Works, 442. 
 
 — Water Works Co. v. Bennett, 
 735. 
 Sheldon v. Law, 396. 
 Sheley and Windsor, in re, 244, 919. 
 
 V. 
 
 Shelton v. Mobile, 416, 4.52, 454. 
 Shephard v. Brand, 298. 
 Shepherd v. Chelsea, 443. 
 
 — V. Midland R W. Co., 4.32. 
 Shepp.ird V. Bradford, 713. 
 Sheriti'of Lincoln, In re, 4()8. 
 Sherman v. Kortright, '92. 
 Sherwood v. Coleman, 306. 
 
 — V. Hamilton, 489, 492, 495. 
 Shield V. Sutherland. 426. 
 
 Shields V. Great Northern R.W. Co., 742. 
 
 Shillito V. Thompson, 405. 
 
 Shipley v. Fifty AH.s(iciatcs, 43L 
 
 Shrader, I'^x parte, 1036. 
 
 Shuey v. United States, 41.3. 
 
 Shultz V. Mihv.aikee, 444. 
 
 Sikes v. llattield. 20.3. 
 
 Sill V. Corning, 211. 
 
 Silsby v. Dnnnville, 12, ,3.34. 
 
 Silverthorne v. Campbell, 709. 
 
 Simcoe v. Norfolk, 7<S8. 
 
 Simcy v. Marshall. 58. 
 
 Simmons and Chatham, in I'e, 242. 
 
 — V. ( Jardiner, 591. 
 Simons v. Patehett, 15. 
 Simpson v. lyineoln, 221. 
 
 — V. Ready, ()(!. 
 
 — v. SoutJi Statlbrdshire Water 
 
 Works Co., 368. 
 v. Yeend, 160. 
 Denison, 396. 
 Estate Co., 429. 
 
 Eastern Counties R. W. Co., 
 
 Sims V. 
 — v. 
 Singleton v 
 
 495. 
 Skelton v. Thompson, 4.32. 
 Skingley v. Surridge, 311. 
 Skinner v. Usher, .325. 
 Slater and Wells, 1 n re, 363, S84. 
 
 — V. Wells, In re, 874. 
 Slattery v. Naylor, 424. 
 
 Slavin and Orillia, In re, 169, 971. 
 
 — V. Orillia, 924. 
 Sleeper v. Sandoun, 496. 
 Sligo Case, 1.56, 157. 
 
 Slipper V. Totteidiam and Hampstead J. 
 
 R. W. Co.. .372. 
 Small ex rel. Walkor v. Biggar, 172. 
 Smalley v. Blackburn R. W. Co., 37L 
 Smethurs v. PListings, 287. 
 Smith and Cori)oration of I'lynipton, In 
 re, 295. 514. 
 
 — and Tuiphemia, in re, 514, 
 
 — ami Oakland, In re, 263. 
 
 V. Agawam Canal Co., 
 V. Baruham, 874. 
 
 389. 
 
 Smith V. '. 
 
 — V. ; 
 
 — V. ( 
 
 — V. ( 
 
 V. j 
 
 — V. ( 
 
 — V. ( 
 
 — V. J 
 
 — V. J 
 
 — V. ] 
 
 — V. I 
 
 — V. I 
 
 — V. J 
 
 — V. J 
 
 — V. J\ 
 
 — V. J 
 
 — V. :^ 
 
 — V. :^ 
 
 — V. ( 
 
 — V. I 
 
 — V. S 
 
 -- V. F 
 
 — V. II 
 
 — V. li 
 -- V. P 
 
 — V. S 
 
 — V. S 
 
 — V. S 
 
 — V. S 
 
 — V. S 
 
 — V. T 
 
 — V. V 
 
 — V. V 
 
 — V. V 
 
 — V. V 
 Smyth V. I 
 Smythe, E 
 Snell and 
 
 313, 3 
 Snow V. Ac 
 — V. H( 
 Snider v. 
 Snyder v. 
 
 — V. 
 Soady v. \\ 
 Soulange's 
 Soulo V. G 
 
 492. 
 South am pti 
 South Grei) 
 
 — Grey 
 
 — (» re> 
 
 — Norf 
 
TABLE OV CASES. 
 
 xlv 
 
 ?42. 
 
 ater 
 
 Smith V. liell, 8. 
 
 — V. Blakey, 848, 851. 
 
 — V. C'olliiigwood, 184, 
 
 — V. Comincmwcilth, 204. 
 
 — V. Flotoher, ^90. 
 
 — V. Gutes, 408. 
 
 — V. Godfroy, 969. 
 
 — V. Huntington, 407. 
 
 — V. Law, 179. 
 
 — V. Lowtill, 496, 
 
 — V. M.uldison, 14, 392. 
 
 — V. McLandrcss, SSO. 
 
 — V. Metropolitan (iasCo., 393. 
 
 — V. Midlaiid R. W. Co., 823, 846, 
 
 851]. 
 
 — V. Mooro, 414. 
 
 — V. Morse, 251. 
 
 — V. Nowbern, 450. 
 
 — V. Now York, 404, 439. 
 
 — V. Overauer-s of Scyhill, 730. 
 
 — V, Petersville, 151. 
 
 — V. Smith V. Preacott and Russell, 
 
 ;i:>i . 
 
 — V. Raleigli, 371, 547. 
 
 — V. Uiorden, 408. 
 
 — V. Hoclifster, 427. 
 
 — V. Rooiioy, 245. 
 
 — V. Shaw, 7.S2, 808, 815, 824. 
 
 — V. Sihson, .S35. 
 
 — V. Sinip.son, 430. 
 
 — V. Smith, 495. 
 
 — V. Statu, aUO. 
 
 — V. Toronto, 248. 
 
 — V. Vaux, ()5S. 
 
 — V. ^^'a!5hingtllU, 440. 
 
 — V. Weddorhurne, 238. 
 
 — V, Wendell, 491, 
 Smyth V. Darley, 170, 177. 
 Smythe, Ex parte, 781. 
 
 Snelland Helleville, 210, 215, 239, 244, 
 
 313, 314, 452, 455, 457,459. 
 Snow V. Adams, 491. 
 
 — V. Housatonic R. VV. Co., 496. 
 iSnider v. Proiitenac, 830, 
 Snyder v. Rockport, 353, 524. 
 
 — V. Shibley,709,831. 
 Soady v. Wilscm, 441. 
 Soulange's Election, 162. 
 
 Soule V. Grand Trunk R. W. Co., 491, 
 
 492. 
 Southampton Case, 160. 
 South Grenville Case, 70, 166. 
 
 — Grey Case, 156, 163. 
 
 — Grey Election, 161, 
 
 — Norfolk Election, 157. 
 
 South Renfrew Election, 66. 
 
 — Wentworth Case, 111. 
 
 — Western M. \V. Co. v. Southern 
 
 and Atlantic Telegraph Co., 368. 
 
 Southworth v. Palmyra and Jackson R. 
 W. Co., 170. 
 
 South Yarmouth IJ. Co. v. Groat North- 
 ern U. Co., .307. 
 
 Sower V. Philadelphia, 371. 
 
 Spatford V. Hubble, 409. 
 
 — V. Slierwood, 848. 
 Spalding v. Preston, 969. 
 Spaulding v. Lowell, 20S, 450, 
 Speak V. Powell, 712. 
 
 Speer v. The Commonwealth, 416. 
 Springer v. Bowdoinham, 493. 
 Springfield v. Le Ciaire, 493, 494. 
 Spry V. i\lclvon/ie, 805. 
 Squire v. Mooney, 733, 802, 808. 
 
 — qui tan. v. Wilson, 875, 876. 
 Stadler v. I )etroit, 352. 
 StaUbrdCase, 118, 162. 
 
 — V. C^amston, 442. 
 
 — V. Ingersol, 3S7. 
 
 — V. I'rovidcnce, .370. 
 Stainton'v. Metroi)olitan Board of Works, 
 
 440.' 
 Stalker v. Township of Dunwick, 1000. 
 Staleybridgc Case, 15(!, 157, 160, 162. 
 Stamford v. I'awlett, 421. 
 Stamper v. Overseers of Sunderland, In 
 
 le, 72. 
 Standley and Vespra, 244. 
 
 — and Vespra and Sunnidale, In 
 
 re, 242. 
 
 — V. Perry, 481. 
 Standly v. Perry, 10. 
 Stanilnnd v. Hopkins, 131. 
 Stanton v. Springfield, 494. 
 Starin v. (Jenoa, ()04. 
 Starr v. Trustees, 782. 
 State V. Alien, 131. 
 
 — V. Ancher, 131. 
 
 — V. Atherton, .500. 
 
 — V. Book, 391). 
 
 — V. Bruder, 210. 
 
 — V. Catlin, 500. 
 
 — V. Cincinnatti Gas Co., 393- 
 
 — V. City Clerk, 212. 
 
 — V. Clark, 16. 379. 
 
 — V. Clarke, .395. 
 
 — V. Cleveland, .361. 
 
 — V. C'ornville, 489. 
 
 — V. Cowan, 306. 
 
 — T. De Casiuova, 70 
 
 h 
 
 7 >■ 
 •i 
 
 ^•^ 
 
xlvi 
 
 TABLE OF CASUS. 
 
 392. 
 
 State V, Elizabeth, 594, 
 
 — V. Ferguson, 130. 
 
 — V. Freeman, 379, 
 _ V. Frest, 70. 
 
 — V. Gorliani, 504. 
 
 — V. Hartshorn, 41. 
 
 — V. Hauss, 131. 
 
 — V. Hay, 392. 
 
 — V. Herod, 215, 443. 
 
 — V. Hill, 500. 
 
 — V. Hull, 392. 
 
 — V. Jacobs, 41. 
 
 — V. Jersey City, 362, 443. 694. 
 
 — V. Madclison, 250. 
 
 — V. Mo Do well, 395. 
 
 — V. Merrill, 392. 
 
 — V. Newark, .')94, 714. 
 
 — V. NucUl, 500. 
 
 — V. Piirn^tt, 399. 
 
 — V. Rankin, 398. 
 
 — V. Sartor, 500. 
 
 — V. Wentworth, 959. 
 
 — V. Williams, 181. 
 
 — - Bank v. Brackenridge, 39, 350. 
 
 — or Indiana v. Madison, 719. 
 
 — Ex rel. Circuit-Attorney v. County 
 
 Court of Saline County, 270. 
 
 — (Griffith V. Oswokee Town- 
 
 ship, 14. 
 
 — Newell V. Purdy, 157. 
 Staunton v. Springfield, 490. 
 Stayner, lu re, 470, 793. 
 
 St. Catharines and the County of Lincoln, 
 
 In re, 345. 
 St. Catherines v. Gardner, 482 
 St. Charles v. Noele, 325. 
 Steele v. Boston, 444. 
 Stein V. Burden, 103(5. 
 Steinhotf v. Kent, 488. 
 Stephenson v. Higgiuson, 8. 
 Stevens v. Buffalo <fe New York City K. 
 
 \V. Co.,710. 
 
 Chicago, 217. 
 
 Em son, 936'. 
 
 V. City of Kingston, 205. 
 — V. Traynor, 856. 
 Stewart's Est;ite, In re, 374. 
 Stewart v. Commonwealth, 426. 
 
 — V Board of Police, 369. 
 
 — V. .Supervisors of Polk County, 
 
 C04. 
 
 — V. Taggart, 818, 819, 822, 826, 
 
 83U, 840, 845, 855. 
 
 — V. Woodstock and Huron Road 
 Co., 490. 
 
 — V. 
 
 — V. 
 
 Stevenson 
 
 St. George's Church v. County of Grey, 
 360, 502, 508. 
 — Vestry v. Sparrow, 436. 
 
 St. Helen's Chemical Co. v. Corporation 
 
 ©f St. Helen's, 398. 
 St. Sepulchre's, Ex parte, 8. 
 Stickney v. Maidstone, 494. 
 Stile V. Walls, 314. 
 Stiles V. Hitchcock, 805. 
 Stilk V. Myrick, 414. 
 St. John T. New York, 421, 534. 
 St. Joseph V. Railroad Co., 712. 
 St. Louis V. Alexander, 605. 
 
 — V. Allen, .'56. 
 
 — V. Bentz, 396. 
 
 — V. BuHinger, 1039. 
 
 — V. Clemens, 599. 
 
 — \. FerryCo.,711,712. 
 
 — V. Grov, 325. 
 
 — V. Jackson, 451. 
 
 — V. McCoy, 1039. 
 
 — V. St. John, 3(58. 
 
 — V. Webber, 452. 
 
 — V. W^iggins Ferry Co., 712. 
 
 — Hospital V. \Villiam8, 13. 
 St. Luke's V. Lewis, 403. 
 
 St. Mary's Newington v. Jacobs, 484. 
 
 Stocking V. State, 129. 
 
 Stoddard and \^ ilberforce and Grattan 
 
 and Fraser, Ini*e, "172. 
 Stokes v. New York, 361, 451. 
 
 — V. State of (ieorgia, 816. 
 Stone V. Brooks, 484. 
 
 — V. Mayor, iSkc, 430. 
 
 — V. New York, 431. 
 Stoneburgh v. Brighton, 12. 
 Stonehouso v. Elliott, .329. 
 
 — V. Enni.skillen, U, 523. 
 Stoness v. Lake, 9.36, 953. 
 Storraont Case, 56. (18, 70, 72. 
 Storms and Ernestown, In re, 244, 285. 
 Storrs V. Utica, 493. 
 
 Stotesbury v. Smith, 414. 
 
 Stover V. Bluehill, 498. 
 
 St. Paul V. Coulter, 16, 213. 
 
 — v. Laidler 152. 
 
 — V. PoultEi', 4.'>2. 
 Strachan and Frontenao, In re, 54 J. 
 Strachey v. Turley, 848. 
 Stratford v, Wilson, 2U3, 332. 
 Stratton v. Metropolitan Board ot 
 
 Works, 270. 
 Street v. Fog ill, 709. 
 
 — V. Hob, ..ko, 490. 
 
 — V. Kent, 71.3, 714, 817, 831, 864. 
 
 Tainton 
 Tarnwor< 
 Tannen 
 Tanner v 
 Tarner v 
 Tarr v. A 
 Tarry v. 
 
 — V. 
 
 Tash V. 
 Taasell 
 Tate v. 
 
 614. 
 Ttunton 
 Tawney's 
 Taylor, ^ 
 Taylor'a 
 Taylor an 
 
 — V. 
 
 — V. 
 
 — V. 
 
TABLE OF CASES. 
 
 xlvii 
 
 Street v. Lambton, 817. 
 
 — V. Simooe, 713, 817, 854. 
 Strickland v, Parker, 710. 
 Striker v, Kelly, 183. 
 
 Stringer v. Trustees of Hiidilersfield, 904. 
 Strong V. Harvey, "249. 
 Stuart V. Httwley. 390. 
 
 — T. Machia'a Port, 496. 
 Stubb's V. Lee, 201. 
 
 — V. Parsons, 736. 
 Stuber's Road, 515. 
 Stuyveaant v. New York, 209. 
 
 St. Vincent v. (ireenfield, 480, 514. 
 
 — V. Grier, 174. i 
 
 Sublett V. Bedwell, 66. i 
 
 Submarine Telegraph Co. v. Diukson, I 
 
 492. I 
 
 Sullivan v. Barrie, 498. i 
 
 Sulston V. Norton. 157. 
 Supervisors v. Cotiinbury, 184. 
 SusB**. V. Strader, 504. 
 Peerage Case, 7. 
 Sutherland v. East Niasouri, 170, 238, 
 
 242, 243, 560. 
 Sutton V. Sutton, 7. 
 Sutton's Case, 715. 
 Swan V. Williams, 368, 369. 
 Swan ton v Goold, et. al. , 8. 
 Swann v. Cumberland, .')99. 
 Sweeny v. Spooner, 313 
 Sweeney v. Port Burwell Harbour Co., 
 
 354. 
 Switzer v. Brown, 441. 
 Sykes v. Powlett, 494. 
 
 Taintou v. Worcester, 427. 
 Tamworth Case, 157. 
 Tannen v. Albion, 392. 
 Tanner v. Bissell, 411. 
 Tamer v. Walker, 414. 
 Tarr v. McGahey, 751). 
 Tarry v. Ashton, 492. 
 
 — V. Newman, 311. 
 Tash V. Adams, 14, 356. 
 Tassell v. Ovenden. 928. 
 
 Tate V. Ohio and Mississippi R. W. Co., 
 
 514. 
 Ttunton Case, 155, 167, 160. 
 Tawney's Case, 269. 
 Taylor, In re, 372. 
 Taylor 'a Case, 131. 
 Taylor and W'est Williams, 246. 
 
 — V. Corporation of Oldham, 8. 
 
 — V. Crowland Gas Co., 742. 
 
 — V. Griswold, 213. 
 
 ) 
 
 of St. 
 
 V. 
 V. 
 
 y. 
 
 V. 
 
 Taylor v. Henry, 181. 
 
 — V. Humphreys, 911. 
 
 — V. Orrani, 391. 
 
 — V. Overseers of the Parish 
 
 Abbot, 69. 
 
 Plymouth, 386, 427, 430. 
 
 Keckham, 488. 
 
 Strong. .328. 
 
 West Wiiliama, In re, 24. 
 Tear v. Freebody, 435. 
 Telargoch Lead Mining Co. v. Guardian* 
 
 of St. Asaph's Union, 712. 
 Templeman and Keed, In re, 288. 
 Tennunt v. Cumberland, 956, 958. 
 Tenny v. Lenz, 215, .380. 
 Tepper v. Nichols, 707. 
 Terry and Haldimand, In re, 240, 907. 
 Thatcher v, England, 414. 
 Thetford, Re, 217. 
 Thompson and Bedford, In re, 244. 
 
 — and Ward, In re, 72. 
 
 — V. Sunderland Gas Co., 393. 
 
 — V. Bridgewater, 496. 
 
 — V. Carroll, 211. 
 
 — V. Colcock, 839. 
 
 — V. Gibson, 399. 
 
 — V. Hamilton, 249. 
 
 V. Harvey, 897, 898, 903. 
 
 V. Hill, 429. 
 
 V. Ingham, 779. 
 
 V. Lacy, 6'2. 
 
 V. Lee County, 605. 
 
 V. McLean, 49. 
 
 V. New York, 355. 
 
 V. North Eastern R, 
 
 Ashland, 328. 
 
 — V. Leland, 50(). 
 
 — V. M'>rgan, 410. 
 
 — V. Piatt, 84. 
 
 — y. Richmond, 302. 
 
 — V. Ringwood Hoard, 479. 
 
 — V. Swansea, 203. 
 
 — V. White, 184. 
 
 — V. Wilson, 15, 356. 
 Thorpe y. BruniHtt, 434, 435. 
 Threfall v. Berwick, 62. 
 Thurston and Verulam, In re, 513, 
 Thurlow V. Bogart, 483. 
 
 y. Sidney, 295, 563. 
 Tierney v. Dodge, 782. 
 Tiffin V. McCormick, 493. 
 Tilt and Toronto, In re, 47L 
 Tittenson v. Peat, 296. 
 Timothy v. Simpson, 329. 
 Timaon, Re, 329. 
 
 tiii.-i 
 
 Thomas 
 
 \\. Co., 
 [492. 
 
 m 
 
 S: 
 
 r 
 
 1 T 
 
 " 111' 
 
 iKKSBM 
 
 •rnitm 
 
 mmmmi 
 
xlviii 
 
 TAIiLR OV CASKS. 
 
 Tinkler V. Waiidswortli I'istiict IJoarclof 
 
 Works, 4()-'. 
 Tipponuy Ci-", <Ji'. I'5-*. 
 Tipping,' V. St. Ili Iou'h Smelting Co., 399, 
 
 401. 
 Titus V. Maiu'c. 710. 
 
 Tobey v. Wilson. 7."):.. 7a!), 700, 7(i8, 770. 
 Tenia V. IVmtv, I«'>. «1."<. «70, 
 
 — V. Itailroiul Co., -Wl. 
 
 — V. Holiiiisoii, (i.'{. 
 
 — V. Weriy, S:i4, >S40, 804. 
 Toder v. Sjiiisiiiii, M. 
 Toledo, Wabii.sli, .t Western P VV. Co. 
 
 V. Jacksonville, 'J14. 
 Tollnn.l V. WeUiiigLon, r>04, 50,'). 
 Toms V. Enilell, 7-. 
 
 -- V. Whitl.y, 48!», 4!)5, G'JO. 
 Tooinoy v. London, IWigliton, etc. R. VV. 
 
 Co. , 4!l'2. 
 Torbuaii v. City of Xorwieh, 4'27. 
 Toronto and Si')tt, In re, '2'J5. 
 _ V. l\o\v<'>*, (14. ;}•-'(». 
 
 — V. Cruat Western R. W. Co., 
 
 71'->, 7:«», T.'kS. 
 
 — Street Itnihvay Co. v. I'leniing, 
 
 707,710. 
 
 — V. York. int. 
 Torrance v. Mel'her.son, 773. 
 Torrev v. Millbiiry, 4'2". 
 Totteii V. TlalliKan, 482. 
 Tounier v. Munieipality Number One, 
 
 Tourteilot V. fjosebrofik. 390. 
 
 Town of I'ortla.Kl v. (hillitlis, 487. 
 
 Tovvn.s V. Piatt, 721. 
 
 Townenil v. WoodriitF, 4'21. 
 
 Townsen 1 v. I';ili"tt, Hlii. 
 
 Townsbend and Overseers of St. Mary- 
 
 lebone, In re., 72. 
 Townsbip Clerk of Kupbrasia, In re., 241. 
 
 — of Albemarle, and the United 
 
 Townships of Ivistnor, Lind- 
 , aav, and St. Kdiiionds, In re., 
 
 — of Monlton and Canborough, 
 
 and the County of Haldi- 
 in.ii'd, iiO't, ')\S. 
 
 Transportation C^o. v. Chicago, 522. 
 Traverny v. iJloueester, .'WO. 
 Trench v. Nolan, (id. 
 Trenholm v. Cliurle.^^ton, 273. 
 Trent and Fnvidiford iload Co. v. Mar- 
 
 Hhall, 13. 
 — V. Scott MarHhall, 870. 
 Trenton IJailroiid Ca.se, 515. 
 'I'rigg V, <Jli'.sgow, 711. 
 Tri|)p V. Lyman, 494. 
 Tiu.st and Loan Co. v. Hamilton, 303, 
 
 305, 8(J8. 
 Trnsteea of Proekvillc In re., 331. 
 
 — &c., V. (iherrj, .302. 
 - of Kir.st Lvangtdioal Church v. 
 
 Walsh, .382. 
 
 — of lllinoi.H and Michigan Canal 
 V. Chicago, .3()!). 
 
 — of I'ort Hope, In re, .331. 
 
 — of Port Rowan High School, In 
 re, 420. 
 
 — of Weston (iramm ir Siliool and 
 Counties of York and I'eel, In re, 420. 
 
 Tul)b V. (iood, 429. 
 
 Tubervil v. Stamp, 3!)0. 
 
 Tiill' V. Warman, 495. 
 
 Tufts V. ('harlestown, 594. 
 
 'l'unl)ridge Wells Local Board v. Rishops, 
 
 1030. 
 'l'urg(!on V. Montreal, 524. 
 Turner v. iJranttord, 499, 965. 
 
 — V. Rose. 298. 
 Tuttle V. Holyoke, 494. 
 
 - V. State, 42(i. 
 Tutill V. West Ham Local Board of 
 
 Health, 489. 
 Tylee v. Waterloo, 252, 254, 791. 
 
 rnderhill v. Longridgt?, S84. 
 Underwood v. ( !arney, 4.35. 
 United States V. Wrii,'ht, 1.30. 
 Univer.sity of London v. Yarrow, 385. 
 I'ptlyke V. Campbell, 392. 
 Upton V. Railroad (^o., 370. 
 
 Vanacker's C^asc, 201. 
 
 Yandecar v. East Oxford. 243, 51.3. 
 
 — of North Norwich and Village ' Vatulerbilt v. Ailams, 427, 443. 
 
 of Norwich, Be., .34. 
 
 — of Tiiurlow V. Township of 
 
 Sidney, 295, 5*i3. 
 Towsey v. White, 05. 
 Tozer and Preston, In re., 773. 
 Tracey v. Taylor, 442. 
 Tracy v. Telmage, 909. 
 
 Vandeveer v. Mattocks, 3.33. 
 
 Van Kgmoml v. Seaforth, .371, 404, 673. 
 
 Van Koughnet v. Denison. 401. 
 
 Van Orsdall v. Hazard, 131. 
 
 Van Pelt v. City of Davenport, 439. 
 
 Van Sickles v. Burlington, 427. 
 
 Van Wickle v. Railroad Co., 309. 
 
 Vara 
 Vaah: 
 
 Vasoi 
 Vaug 
 Veazii 
 Verri( 
 Vt'spr 
 Vestrj 
 
 571 
 
 Vickon 
 Vienna 
 Village 
 
 Vincent 
 Vintner'i 
 
 Vroomar 
 
 VV'ade V. 
 
 — V. 
 
 — V. 
 
 — V. I 
 WadleigW 
 WainwriJ 
 VVaito V. 
 WaketielJ 
 
 Lee, 
 Wakelin 
 
 R. \^ 
 Wttldio v| 
 Walker. 
 
 Wallace 
 
 Waller v., 
 Wallinefd 
 Wallisv.f 
 Walsh V. 
 Walton vj 
 
 — v.r 
 
 — vl 
 ^1 
 
TADLK OP CASES. 
 
 xliz 
 
 .1 of 
 
 Vara v. Grand Trunk R. W. Co., 434, 492. 
 Vaahon and Corporation of East Hawkos- 
 
 bury, Ro, 176, 240, 242, 518. 
 Vaaon v. Augiiata, .362. 
 Vauuliiin, Ex parte, 779. 
 Veazio V PenohBCot R. W. Co. , 498. 
 Verrior V. Sandwich, 1.31. 
 Vespra v. Cook, 48.3, 498. 
 Veatry of Kerinondsoy v. Johnson, 436. 
 
 — of Mile End v. Guardians of 
 
 Whitechapel Union, ftSl. 
 
 — of St. Giles, Camberwell v. Wol- 
 
 lor, 442. 
 
 — of St. Pancras v. Battersbury, 
 572. 
 
 Vickers v. Slumico, 606. 
 
 Vienna v. Marr, 804. 
 
 Village de Verdun et TiCS Sceurs de la 
 
 Congregation de Notre Dame, 
 
 716. 
 
 — of Point Edward and Township 
 
 of Sarnia, In re, 33. 
 
 — of St. John V. McFarlan, 425. 
 
 — of St. Louis of Mile End v. City 
 
 of Montreal, 1054. 
 
 — of Weston v. Conron, 723. 
 Vincent v. Nantucket, 204. 
 Vintner's Co. v. Passoy, 179, 201. 
 
 — V. Passey, 352. 
 Vrooman v. Shuert, 1.34. 
 
 Wade V. Hrantford, 10. 
 
 — V. Dowling, 298. 
 
 — V. Kichmond, 37. 
 
 — V. Thompson, 736. 
 Wadleigh v. Gilinan, 426, 427. 
 Wainwright, Re, 884. 
 
 Waite V. North Eastern R. W. Co., 495. 
 Wakefield v. Local Board of Health v. 
 
 Lee, .'581. 
 Wakelin v. London and South Western 
 
 R. W. Co., 495. 
 Waldie v, Burlington, 517. 
 Walker, In re, 372. 
 
 — V. City of (Mncinnatti, 604. 
 
 — V. Jackson, 21(5. 
 Wallace v. Orangeville, 220. 
 
 — V. San Jose, 271. 
 Waller v. Manchester, 400. 
 Wallingford Case, 158. 
 Wallis V. Assiniboia. 487, 505. 
 Walsh V. Southworth, 335. 
 Walton V. Jarvis, 807. 
 
 — V. Monaghan, 244. 
 
 — V. York, 488, 489. 
 
 ^ 9 
 
 Wandsworth and Putner Gaa Light and 
 
 Coke Co. V. Wright, 172. 
 Wanklyn v. Woolett, 773. 
 VVannanittkei- v. Green, 516, 617. 
 Wanstead v. Hill, 401. 
 Wapels V. Ball, 8.33, 866. 
 Ward V. Brown, 410. 
 
 — V. Dean, 295. 
 
 — V. Hobbs, 405. 
 
 — V. Lee, 440. 
 Warden v. Chisholra, 407. 
 Warden v. Tye, .397. 
 Ware v. Cumberlege, 708. 
 Warinel'i v. London, 213. 
 Marlow v. Harrison, 15. 
 Warno v. Coulter, 730, 732, 821. 
 Warren v. Deslippes, 298. 
 
 — V. Love, 237. 
 
 — V. Lyons, 516. 
 
 — V. Slade, 134. 
 
 Wartraan v. Philadelphia, 420, 454. 
 Washington Avenue, 711. 
 
 — V. Nashville, 443. 
 Waterford Case, 157, 165. 
 Waterloo v. Dobson, 706. 
 
 — V. Bridge Co. and Cull, 189. 
 Waters v. Leech, 214, 360, 391. 
 Watson V. Pears, 136. 
 Watt v. Glenister, 911. 
 Waupun V. Moore, 425. 
 Weath v. Brewer, .325. 
 Weaver v. Price, 756. 
 Webb v. Heme Bay, 305. 
 
 — V. Manchester and Leeds R. W. 
 
 Co., .368. 
 
 — V. Port Bruce Harbour Co., 364. 
 
 — V. Yarmouth, In re., 242. 
 Webber v. Adams, 453. 
 Webley v. Woolley,425. 
 
 Webster and West Flamborough, In re., 
 
 — v. Overseers, &c., 779. [368. 
 
 — V. Overseers of Ashton-under- 
 Lyme, Ornie's Case, 58. 
 
 Weegen v. McDiarmid, 830. 
 \Veeks v. Shirley, 498. 
 iVeisenbury v. Appleton, 498. 
 Weismer v. Village of Douglass, 366. 
 Welch V. Holdkiss, 425. 
 
 — V. Nash, 515. 
 
 — V. Stowell, 395. 
 Welker v. Potter, 369. 
 Welland v. Brown, 804, 814. 
 
 — V. Buffalo and I^ake Huron R. 
 W. Co., .371. 
 
 Welles V. Battelle, 181. 
 
 \,', 
 
 • «» 
 
 
 Vi i 
 
 F 
 
 
 ... ^..« 
 
 ; 1 
 
 ^.*»^i. -"—..•.,*» 
 
1 
 
 TABLK OP CASES. 
 
 VVelliiiKtoii V. Wiitorliio. 18. 
 Wolliiit'toii V. U'ilmon I«, 34. 
 
 — V. \VilH..ii, 10, 481, 483, 4S7, 
 
 Wells V. Howell, 387. [rm. 
 
 v. I^oikIoii, Tilbury, uiid Soutliuiul 
 
 H. \V. Co.. 308. 
 
 — V. M.iyor, otc. u( KingHton UT»on 
 Hull, 12. 
 
 Welsh V. NiihIi, .'i'J'J. 
 
 — V. St. CatliiiiiiifH, 440. 
 Weiisboro v. Siiiart, 4.')1. 
 
 Went worth v. Iliiniilton, 11, '2iJ0, 344, 34.'>. 
 West))r()ok Manufacturini,' Co. v. (iraut, 
 
 134. 
 Wcstlmry Caso, !')(>, IG'J. 
 Wescott and IV-ti-rliorough, li*;, .'iO.'). 
 Western ( 'ollcp', ('lovelaiid, 427. 
 VVeat(Jwiliiinl)urv V. IliuiiUoiiuiul North 
 
 WiiHteru l{. W. Co., 321. 
 West (iwilliiiiliury V. .Simooe, I(il). 
 We.stniiii!<t<'r ('as«, !"»•», KiO. 
 We.it NortliiiiiilKirland Kloution, i.'Sd, ir)7. 
 Weston ({r.iiuinar School, In re, 003. 
 
 — V. Arnold, 42!>. 
 
 — V. Syracuse, 2.'>1. 
 
 West Hiver Bridge Co. v. bix, 3rt8. 
 
 — .Siinooe Klention, ir)(>. 
 
 — Toronto Case, ir)5, 157, 1()1, l()3. 
 — Election, In re, 127, 134. 
 
 Wexford Election, 93. 
 
 Wharf (/'asf, 3'),'). 
 
 Wheeler v. Cintinnatti, 427. 
 
 — V. (iray, 420. 
 Whinny v. Schmidt, 781. 
 Whitl)y V. Flint, 185. 
 
 — V. Harrison, 13, 185, 813, 870. 
 
 — V. Loscombe, 173. 
 Whitchurch v. Eulhani Board of Works, 
 
 681. 
 White and Sandwich East. la re, 547, 
 553. 
 
 — V. Bayley, CO. 
 
 — V. Bush, 069. 
 
 — V. <. 'oiling wood, 273. 
 
 — V. C'ounty of Bond, 494. 
 
 — V. Hindley Local Board, 494. 
 
 — V. Kent, 328, 41(5. 
 
 — V. Mavnard, 730. 
 
 — V. Tallnian, 179, 352, 362, 408. 
 
 — V. Township of GosHeld, 567, 5ti9. 
 
 — V. Winnisnoi'iet Co., 216. 
 Whiteside v. Bellchainbcr, 526. 
 Whithorn v. Thomas, 194. 
 
 Whiting V. Slieboyan and Fon du Lac R. 
 W. Co., (504. 
 
 Whittakor v. est Boyloston. 490. 
 
 VVhitticr v. Varncy, IHI. 
 
 Wigan Case, 15(5. 
 
 Wigtown Case, 107, Ml, 112. 
 
 VVilcocks, Ex parte, 170. 
 
 Wild V. Dfig, 3(58. 
 
 VVil.lo V. Bowon, 124. 
 
 Wildes V. RuHMoll, 779,874. 
 
 Wiles V. Cooper, 9.')4. 
 
 Wilkcy V. I'okin. 711. 
 
 Wilkio and Clinton. 268. 
 
 — V. Clinton, 270, 277, 282. 
 i Wilkms V. Row, :51»0. 
 { Wilkinson v. Albany, lO.'Ji*. 
 I Willianumtl .Anthony Streets, .370. 
 
 Williams v. Augusta. 425. 
 
 — V. Burgess, 134. 
 
 — V. Carwardine, 414. 
 
 — V. Clinton, 489, 49(5. 
 
 — V. Detroit, .VJ4. 
 
 — V. Lee, 134. 
 
 — V. I'ort Hope, 387, 1090. 
 
 — V. School district, 712. 
 V. Taylor, 8.3(5. 
 
 Willonghl)y v. llorridge, 216. 
 Willson V. Blackbird Creek Marsh Co., 
 3(58. 
 
 — V. York, 205. 
 Wilson and I'ort Hope, 290. 
 
 — und the Municipal Council of 
 
 Elgin, 2.V2. 
 
 — and WainHeet, Re., 522, 5.2. 
 
 — V. (Janieron, 306. 
 
 — V. C'harhistown, 497. 
 
 — V. (Jiiybiel, !>52. 
 
 — V. (iroves, 525, 526. 
 
 — V. Halifax, 490. 
 
 — V. Hamilton, 216. 
 
 — V. Huron and Bruco, 847. 
 
 — V. Huron and Bruce, Bank of 
 
 Montreal Garnishees, 866. 
 
 — V. King, 297. 
 
 — V. Mayor ot Halifax, 526. 
 
 — V. Middle.scx, 248, 520. 
 
 — V. New York, 439. 
 
 — V. Stewart, 941. 
 
 — V. Weller, 755. 
 \V^ilton V. Falmouth, 70. 
 Wiltshire v. Baker, 453. 
 
 — V. Willett, 453. 
 Winch V. Conservators of the Thames, 
 
 354. 
 ^^'inckler v. (jreat Western R. W. Co., 
 
 495. 
 Wiudham v. Portland, 33. 
 
TAiiLR OF CA8RH. 
 
 li 
 
 Wintlsoi- C^•^«.•. inn, lf)0. 102. 
 
 Wini,Mt()V. l';miisUill(>iiOill{«'liiiiiig()o.,12. 
 
 VViim V. Luw.ll. W2, AM. 
 
 Wii.Mliip V. Iliiii.l.l. tSH, 4JK'), 4U8. 
 
 \Viii»iir V. Ii<'j,'iim. '.l\'2. 
 
 Wiiiti.T V. I\ti)\vn, ri4.'<. 
 
 Wint.r V. M.K<.m\vii, r»30. 
 
 W'iHv.ill V. Il.ill, Ma.-.. 
 
 Witluuii V. Oslimii, IMS. 
 
 Witlhily V. liogciits Ciiiiiil To., 4!)r». 
 
 Witli'iiii V. 'I'liomaH, (!!». 
 
 W'odiMoru V. \Uii\r, 707. 
 
 ^^ o('l|i|ii'r V. riiiliuU'lpliia, 4r)9. 
 
 Wolliy V, (irottm, iO". 
 
 Wooil, In re.. 1 '-'!). 
 
 — V. i'.n.oklyii, 'ill. 
 
 — V. ("aiiipl)'.ll, NSO. 
 
 — V. McaiM, 4.'J I. 
 
 — V. Scail. .SCI, 872. 
 
 — - V. \'.^il, 47y. 
 
 V. Womwuith nu»l Ifaiiiilton, 509. 
 Wdoilniir V. l*t'tfil)()i()iij^li, 00"). 
 \Vo<j(ls V. MiMiH, 4M.'"i. 
 
 — V. Itocd.'JOO. 
 
 V. Wi'iitwurtli aiul Ham nii, ."".OS, 
 Woo.hvanl v. Sar-sons, 107, lU, 112, li.1. 
 Woody. •!• V. liaddfii. -184. [128. 
 
 Woohtt V. liavis, 773. 
 Woolf V. Hi'aid, 40.".. 
 
 — V. Chiilker, :{sri. 
 
 Woolley V. Attoiiu'y-({oncral of Viotorin, 
 .'..•JS. 
 — V. Id!.', 214. 
 Workman and tlie Town of Lindsay, In 
 
 n., 404. 
 Wortloy V. Nottingham Looal Board, 454. 
 
 Wray v. KIliH, :n4. 
 
 — V. Toko, ail, '.Wru 941. 
 Wright and Cornwail, in ro., 202. 
 
 — and St(u;kp<.rt, 72. 
 
 — V. IJoHton, 4.m 
 
 — V. lirniHter, 421. 
 
 — V, Chiuaf^o, .'".HI. 
 
 — V. Frant, .''.1.'"., r)22. 
 
 — v.(}n-y, 2(;!». 
 
 — V. Incorporated Synod of th» 
 
 I'iotMHc of Mir >n, 212. 
 
 — V. Pearson, Ssr.. 
 Writt V. Sharman.OJO. 
 Wurr.'ll V. Kllis. .'12.'). 
 
 Wychotl' V. Queen's (!(.unty Forry Co., 
 
 210. 
 Wyeott and Mrncstown, In .o. ,244. 
 Wylie V. City of Montreal, 710. 
 VVyncoop v. Society, 271. 
 Wynne v. Konaldaon, 70.'). 
 Wyoming v. Hell, U.-.O, 710. 
 
 Yarmouth v. (Iroom. 4r)9. 
 V'arwood, In re., 27o. 
 Yates V. Milwaukee!. 379. 
 
 — V. 1 'aimer, 781. 
 
 — V. Wliyto, 498. 
 Yeomana v. \Vellinj{ton, 370 
 Yokhani v. Hall, HU. 
 York V. Davis, 388. 
 
 — V. Forscht, 413. 
 
 — V. Toronto Oravcl Road and C'ou- 
 cretoCo., 1013. 
 
 Young V. (Jye. 29S. 
 
 — V. New Ncwhavcn, 491, 
 
 — V. Walter, 297. 
 
 
Day. 
 
 Y 
 Y< 
 
 La 
 
 La 
 
 1 
 
 La 
 
 La! 
 
 t 
 
 10— Las 
 ( 
 
 15— Lai 
 c 
 
 o 
 
 31 — Las 
 
 t 
 
 Mer 
 
 fi 
 
CALENDAR. 
 
 JANUARY. 
 Day. 
 
 1 — Separation of Junior Township from Union takes effect on. {The 
 Municipal Act, sec. 28), p. 31. 
 
 Yearly taxes to be computed from. [The Municipal Act, sec. 364), 
 p. 275. 
 
 Year, for purposes of assessment, to commence in districts of 
 Algoma, Muskoka, Parry Sound, Nipissing, Thunder Bay, and 
 Rainy River. (^Act respecting Algoma, etc., sec. 29), p. 641. 
 
 Last day on which Snipe, Rail, and Golden Plover may be killed. 
 (^Act/or the Protection of Game, etc., sec. 1 (5)), p. 1125. 
 
 Last day on which Grouse, Pheasants, Prairie Fowl, or Partridge 
 may be killed. {Act for the Protection of Game, etc., sec. 1 (2)), 
 p. 1124. 
 
 Last day on which Wood<^ock may be killed. {Act for the Pro- 
 tection of Game, etc., sec. 'l (4)), p. 1124. 
 
 Last day on which Duck and waterfowl may be killed. {Act for 
 the Protection of Game, etc., sec. 1 (7)), p. 1125. 
 
 10 — Last day for return to be transmitted to Provincial Secretary by 
 Clerk of the Municipality, or of any corporate bouy issuing 
 debentures. {Debentures Registration Act, sec. 5), p. 648. 
 
 15 — Last day for Treasurers of Municipalities, indebted under the Muni- 
 cipal Loan Fund Acts to make return to the Provincial Treasiirer 
 of tiie amount of ta.table property, debts and liabilities, {lite 
 Municipal Act, sec. 381), p. 287. 
 
 31 — Last day for all Councils to make returns to Jjieutenant-Governor, 
 through Provincial Secretary, of account of the debts of their 
 respective Corporations, {2he Municipal Act, sec. 382), p. 288. 
 
 Members of Councils, except County Councils, to be elected on 
 first Monday in January. {The Municipal Act, sec. 88), p. 77. 
 
 i 
 
 
 1 
 
 ll 
 
 H^ 
 
 1 
 
iiv 
 
 CALENDAR. 
 
 Day. 
 
 First election for Councils, where Corjjorations are newly erected 
 or extended, to be held on first Monday in January. {The 
 Municipal Act, sec. 89), p. 78. 
 
 Election of Trustees held in Police Villages on first Monday in 
 January, if not leturned by acclamation. {The. Mu7iici])al Act, 
 sec. 651), page 613. 
 
 Members of Councils of Municipalities in Algoma, Muskoka, Parry 
 Sound, Nipissing, Thunder Bay, and Rainy 1 liver (except those 
 returned by acclamation) to be elected on first ^Monday in 
 January. (Act res]>ectin(j Alyoma, < \:., sec. 46), p. 644. 
 
 Members of Municipal Councils, other than County Councils, hold 
 their first meeting at eleven o'clock a.m., on tlie third Monday 
 in January, or on some day thereafter. {Thn Miinicipal Act, 
 .sec. 223), p. 169. 
 
 Trustees of Police Villages to ^old their first meeting at noon, on 
 the third Monday in January. (The Municipal Act, sec. 662), 
 p. 616. 
 
 By-law passed by Council withdrawing from Union HtnUth District 
 to take effect on third Monday in January. {PiMic Health Act, 
 sec. 41), p. 1040. 
 
 Members of County Council to hold their first meeting on the 
 fourth Tuesday in January, at two o'clock in the afternoon, or 
 on some day thereafter. \The Municipal Act, sec. 223), [>. 169. 
 
 Majority of Road Commissio-iei's may call meeting for the election 
 of their successors durin'j the month of January, (The Assess- 
 ment Act, sec. 117), p. 801. 
 
 County Treasurer to pi-ejjare and submit to the Council, at its first 
 sitting in January of each year, a report on tlie non-resident 
 land fund. (Z'Ae Assessment Act, sec. 220), p. 869. 
 
 FEBRUARY. 
 
 -Members of Free Library Jioard to hold oflice for three years from 
 this date. {Free Libraries Act, .sec. 3 (6)), p. 662. 
 
 Members of Boards of Park Management to bold oifice for three 
 years from this date. {Public /'arks Act, sec. 6 (3) ), p. 671. 
 
 Last day for Railway Companies to transmit to Clerks of Munici- 
 palities statements of railway property. {IVie Assessment Act, 
 sec. 29), page. 738. 
 
CALENDAR. 
 
 Iv 
 
 Last day which may be appointed by Councils for Collectors to 
 return their rolls and pay over proceeds. {The Assessment Act, 
 sec. 132), p. 813. 
 
 Last day for County Treasurer to furnish to Clerks of Local Muni- 
 cipalities list of lands in arrears for taxes for three years. (The 
 Assessment Act, sec. 140), p 818. 
 
 Medical Health Officer's term of office exjnres, if appointed by 
 Lieutenant-Governor under E,. S. O. cap. 205, sec. 32, {Public 
 Health Act, sec. 33), p. 1037. 
 
 15 — Last day for Assessors to begin to make their rolls. {The Assess- 
 ment Act, sec. 4'j), p. 751. 
 
 28 — Last day for Councils of Cities, Towns, Villages and Townships to 
 pass by-laws limiting number of tavern licen->es to be issued for 
 ensuing year. {Liquor License Act, sec. 20 (1)), p- 906. 
 
 Last day fo/ City or Town Council to pass by-laws to prescribe 
 further requirements as to accommodation in taverns. {Liquor 
 Licence Act, sec. 29), p. 911, 
 
 Last day for Council of any Municipality to ])ass by-laws impo.sing 
 larger duty (up to $200) for tavern or shop licenses, but not 
 more without consent of electors, {lAquor fjicense Act, sec. 
 42 (1)), p. 919. . 
 
 During this month a majority of Reeves and Deputy Reeves of 
 Unite*'. Counties may petition Lieutenant-Governor for separation 
 of Counties. (7'Ae Municipal Act, sec. 38), p. 38, 
 
 li 
 
 f m 
 t ^ 
 
 MARCH, 
 Day. 
 
 15— Lasc day on which Hares may be killed. {Act for the Protection 
 of Game, d'c, sec. 1), p. 1125. 
 
 31 — Last day for Councils of Cities, Towns, Villages and Townships to 
 pass by-laws limiting number of shop licenses to be granted 
 therein for ensuing year. {Liquor Li'^ense Act, sec. 32 (1)), 
 p. 912. 
 
 Boards of Park Management to make up estimate for ensuing 
 financial year in the month of March. {Public Parks Act, sec. 
 17), p. G75. 
 
 .fi 
 
 ■ 
 
 if 
 
 
Ivi 
 
 CALENDAR. 
 
 in 
 HI 
 
 '*;t 
 
 
 APRIL. 
 Day. 
 
 i From this date to 1st November no person compelled to remain on 
 
 markets to sell after 9 a.m. From 1st November to this date 
 no person compelled to remain on markets to sell after 10 a.in. 
 {The Municipal Act, ^ec. 497 (6)), p. 446. 
 
 Last day for Free Library Board to report estimates to the Council. 
 (Free Library Act, sec. 6 (2) ), p. 664. 
 
 Last day for Boards of Park Management to report their estimates 
 to the Council. (Public Parks Act, sec. 17 (2)), p. 676. 
 
 Last day for petitions for tavern licenses to be presented. (Liquor 
 License Act, sec. 11 (2)), p. 898. 
 
 Last day for License Commissioners to fix date for hearing and 
 considering applications. (Liquoi' License Act, sec. 11 (5)), 
 p. 898. 
 
 Last day for petitions for shop licenses to be presented. (Liquor 
 License Act, sec. 31), p. 912. 
 
 Last day for removal of snow fences erected by Councils of Town- 
 ships, Cities, Towns, or Villages, under R. S. O. cap. 198, sec. 3. 
 (Snow Fences Act, sec. 3), p. 1004. 
 
 Last day for Treasurer of Toronto to prepare and transmit to 
 Bureau of Industries, statement of receipts and expenditure. 
 (T/ie Ahmicipal Amendment Act, 1889, sec. 10, p. 120'^^^. 
 
 7 — Last day for Treasurers of Local Municipalities to furnish County 
 Treasurer with a statement of all unpaid taxes and school rates. 
 (The Assessment Act, sec. 145 (1)), p. 822. 
 
 8 — Last day for Collectors to return to Treasurer the names of persons 
 in arrear for water rates in municii)ulities passing by-laws in that 
 behalf. (Municipal Waterworks Art, sec. 21 (2)), p. 693. 
 
 20 — Last (lay for iion rosidrut land holder.s to give notice to Clerk of 
 ownership of lauds in order to avoid their assessment as lands 
 of non-re.sidents. (Thr Assessment Act, sec. 3), p. 708. 
 
 25 — Last day for Clerk to make up and deliver to Assessors list of 
 persons requiring their names to be entered on the roll, (The 
 Assessment Act, sec. 3), p. 709. 
 
 30 — Last day for completion of roll by Assessor. (The Assessment Act, 
 sec. 49), p. 751. 
 
 Last day for non-residents to complain of assessment by petition to 
 proper Municipal Council. (The Assessment Act, sec. 77), p. 784. 
 
CALENDAR. 
 
 Ivii 
 
 Laat day for License Commissioners to pass resolutions defining 
 requisites for granting tavern and shop licenses, for limiting 
 number of licenses, etc., for declaring houses exempt from having 
 accommodations, for making regulations, etc. {Liquor License 
 Act, 3ec. 4), p, 894. 
 
 Liquor licenses expire. {Liquor License Act, sec. 8 (1)), p. 896. 
 
 MAY. 
 Day. 
 
 1 — Lasf day for Treasurers to furnish to the Bureau of Industries 
 statistics regarding the finances of their respective Municipalities. 
 {The Municipal Act, sec. 252), page 188. 
 
 County Treasurers to complete and balance their books, charging 
 lands with arrears of taxes. {The Assessment Act, sec. 152), 
 p. 826. 
 
 Liquor liceubes to be dated from. {Liquor License Act, £.qg. 8 (1) ), 
 p. 806. 
 
 Last day on which Swans or Geese may be killed. {Act for the 
 Protection of Game, o&c, sec. 1), p. 1125, 
 
 Last day on which Beavor, Mink, Mnskrat, Sable, Martin, Otter, 
 or Fisher may be killed or had in possession. {Act for the Pro- 
 tection of (Jame, dc, sec. 0), }). 1125. 
 
 15 — Last day for issuing tavern and shop licenses. {Liquor License 
 Act, sec. 8 (2) ), p. 896. 
 
 3! — Last day for issuing wholesale liquor licenses. {Liquor License Act, 
 sec. 8 (2) ), p. 896. 
 
 JUNE. 
 Day. 
 
 20 — Earliest day upon which statute labour to be performed. {The 
 Assessment Act, sec. 113), p, 800. 
 
 30 — Last day for completion of duties of Court of Revision, except 
 where assessment taken between 1st July and 30th September. 
 {The Assessment Act, sec. 64 (19)), p. 768. 
 
 Balance of license fund, after deducting expenses of License 
 Inspector and of otfice of License Commissioners and expense of 
 enforcing law, to be paid one-third to Provincial Treasurer and 
 two-thirds to Treasurer of Municipality. {Liquor License Act^ 
 sec. 45 (2) ), p. 922. 
 h 
 
 
•Iviii 
 
 CALENDAR. 
 
 : 
 
 Residue of revenue derived from druggists, or shop, or wholesale 
 licenses in Municipalities in w*uch the Canada Temperance Act 
 is in force, after payment of expenses, to he applied as the 
 Governor in Council may direct. [Liquor License Act, sec 161), 
 J). 981. 
 
 JULY. 
 Day. 
 
 1 — Last day for County Council to pass by-law that nominations of 
 
 members of Township Councils shall be on last Monday but one 
 
 in December. {The Municipal Act, sec. 113 (1)), p. 91. 
 
 Before or after 1st July, Court of Revision may, in certain cases, 
 remit or reduce taxes. {The Aasessment Act, sec. C7), p. 772. 
 
 Last day for revision of rolls by County Council with a view to 
 equalization. {The Assessment Act, sec. 78), p. 785. 
 
 Last day for County Treasurer to return to Local Clerks an account 
 of arrears due in respect of non-re.sident lands which have become 
 occupied, {llie Assessment Act, sec. 143 (2)), p. 820. 
 
 6 — Last day for service of notice ot appeal from Court of Revision to 
 County Judge. {The Assessment Act, sec. 68 (2)), p. 773. 
 
 14- Last day for completion of duties of Court of Revision, in Shuniah. 
 {77te Assessment Act, .sec. 64(19)), p. 768. 
 
 20 — Last day for perfoi-mance of statute labour. {The Assessment Act, 
 sec. 113), p. 800. 
 
 31 — Last day to which County Court Judge may defer judgment on 
 aj)])eals from the Court of Revision. {The Assessment Act, sec. 
 68(7)), p. 776. 
 
 AUGUST. 
 Day 
 
 1— Last day for decision by Court in complaints of Municipalities 
 complaining of equalization. {The Assessment Act, sec. 9 (4)), 
 p. 788. 
 
 11 — Last day for service of notice of appeal from Court of Revision to 
 County Judge in Shuniah. (The Assessment Act, sec. 68 (2)), 
 p. 775. 
 
 14— Last day foi- County Clerk to certify to Clerks of Local Munici- 
 palities ujjiounts r(Mj[uired for County purposes. {The Assessment 
 Act, sec. 85), p. 792. 
 
 Da 
 
 v. 
 
 1 
 
 — Fir 
 
 
 t 
 
 
 Fir. 
 
 
 / 
 
 
 Firf 
 
 
 n 
 
 
 Firs 
 
 
 (^ 
 
 14 
 
 -Lasl 
 
 
 C 
 
 l)x\ 
 
 
 1 
 
 -Last 
 
 
 ai 
 
 
 Ji 
 
 
 Last 
 
 
 tl. 
 
 
 ^ 
 
 
 P- 
 
 ir. - 
 
 Firs< 
 
 
 thi 
 
 
 First 
 
 
 (.; 
 
 
 First 
 
 
 loi 
 
 
 sec 
 
CALENDAR. 
 
 lix 
 
 15 — 
 
 Day, 
 1- 
 
 M 
 
 Dav. 
 1 - 
 
 15- 
 
 30— 
 
 Last day for Overseer of Highways to return as defaulter to Clerk 
 of Municipality, non-resident who 1ms not peit'ornied statute 
 labour. (The Assessment Act, sec. 100 (1)), p. 797. 
 
 Last day for Overseer of Highways to return as defaulter to Clerk 
 of the Municipality residents, owners, etc., who have not per- 
 formed .statute lalmur. (The Assessment Act, sec. 101 (1)), ^\ 798. 
 
 First day on which Woodcock may be killed. {Act for the Pro- 
 iectioji oj (j'mnc, sec. 1), p. i'l'Ii. 
 
 SEPTEMBER. 
 
 -Fiist day on which Duck and waterfowl may be killed. (Act for 
 the Prutection of Game, sec. 1), p. 1125. 
 
 First day on whicli tSwans or Ucese may be killed. {Act for the 
 Protection of Game, sec. 1), p. 1125. 
 
 First day on winch (Jrouse, Pheasants, Prairie Fowl, or Partridge 
 may bo killed. {Act for the Protection of Game, sec. 1), p. 1124. 
 
 First day on wliich Snipe, Hail, or Golden Plover i-iay be killed. 
 {Act for the Prodcfioii of Game, sec. 1), p. 1125. 
 
 -Last day for County Court Judge to defer judgment in ajipeals from 
 Court of Revision. {The Assessment Act, sec. G8 (7) ), p. 776. 
 
 OCTOBEH. 
 
 -Last day for returning assessment n»ll to Cie!-'- '"n Cities, Towns 
 and Incorporati'd Villages where assessment taken between 1st 
 July and ."JOth S('ptend)er. {The AsKCssmfnt Act, sec. 52), p. 753. 
 
 Last day for delivery by Clerks of Municipality to Collectors of 
 the Collectors* rolls, unless some other day be j)re.scribed by 
 by-law of the Local Municipality. {The Assessment Act, sec. 120), 
 p. 80 1. 
 
 First day on which Quail or Wild Turkeys may be killed. {Act for 
 the Protection of (j ante, sec. 1), p. 1124. 
 
 First day on which Deer may be killed. {Act J or the Protection of 
 (ianw; see. 1), p. 1124. " 
 
 First day on which houiuls may be i)crmitted to I'Uii at large in 
 locality where deer are found. {Act for the Protection of Game, 
 sec. 1), I). 1 127. 
 
 Last day for passing by-laws for holding lirst election in Junior 
 Township, after separation. {The Mtodcipal Act, sec. 91), p. 79. 
 
 if:! 
 Si 
 
 'il-M 
 
 
Ix 
 
 CALFWDAR. 
 
 11!^ 
 
 S' I 
 
 NOVEMBER. 
 Day. 
 
 1 From tins clay to 1st April no person compelled to remain on 
 
 markets to sell after 10 o'clock a.m. From 1st April to this 
 (.lat(! no person compelled to remain on markets to sell after 9 
 o'clock a.m. (The Municijial Act, sec. 497 (6) ), p. 446. 
 
 Last (lay fo'- transmission by Local Clerks to County Treasurer of 
 rolls of lands of non-residents whose names are not on assessment 
 rolls, {Tke Aanessment Act, sec. 121), p. 804. 
 
 Last day for tranar.is&io i of copy of Tree Inspector's report to 
 i'rovinci'tl Ti"easurei. {The Tree Plmithuj Act, sec. 6), p. 1019. 
 
 First (lf«.y on which IJeaver, Mink, Muskrat, Sable, Martin, Otter, 
 or Fisher may be killed or had in possession. (^Act for the Pro- 
 tection of Game, sec. 6), p. 1125. 
 
 9 -Last day for Collectors to demand taxes on lands omitted from the 
 roll, found dn'j under suv;. 154 of The Assessment .let. {The 
 Assessment Ac' sec. 154), p. 827. 
 
 15 — Day for closing Court of Revision in Cities, Towns and Incorporated 
 Villages whtu assessment taken between 1st July and 30th 
 September. {The Assessment Act, sec. 52), p. 754. 
 
 On and after this date Councils of Townships, Cities, Towns, or 
 Villages may enter on lands and erect snow fences. {C}i,ow 
 Fences Act, sec. 3), p. 1003. 
 
 Last dav on which Hounds are to be allowed to run at large in 
 locality where Deer are found. {Act/or the Protection of Game, 
 sec. J3), p. 1127. 
 
 20 — Last day on which Deei- may be killed. {Act for the Protection of 
 Game, .sec. 1), p. 1124. 
 
 30- 
 
 Dav 
 
 • Last day for Municipality to pass by-laws witluh-awing from Union 
 Health District. (/Wic ;/m//A .Ic^, se. 41), p. 1040. 
 
 DECEMBEK. 
 
 1 -Last day foi* CVnmci''< to hear and determine appeals, where persons 
 added to Collectoi's rolls l)y clerk of municipality tiiu'er sec. 154 
 of The Assessment Act. {The Assessment Act, sec. 154), p. 827. 
 
 14 — l^ast day for payment of taxes by voters in local municipalities, 
 passing by-laws for that purp ^e. (77te Municipal Act sec. 489, 
 (2) ), p. 377. 
 
 {' 
 
CALRNDAR. 
 
 Ixi 
 
 Last day for Collectors to return their rcMs and pay over proceeds, 
 unless later time appointed by Council. (77te Asseaament Act, 
 sec. 132), p. 813. 
 
 15 — Collectors in municipalities which have passed by-laws requiring 
 taxes to be paid before 14th December, to return to Treasurer 
 names of all persons who have not paid their municipal taxes on 
 or before that day. {lite Municipal Act, sec. 254 (3) ), p. 190. 
 
 Councils of Towns, Townships, and Villageb to hold meeting prior to 
 the publication of annual statement of assets and liabilities. (TVie 
 Municipal Act, sec. 263 (3) ). 
 
 Last day on which Quail or Wild Tuvkey may be killed. l^Act for 
 the Protection of Game, sec. 1), p. 1124. 
 
 20 — Last day foi* Treasurer to prepare aud transmit to Clerk of Muni- 
 cipality a list of all persons who have not paid their Munici;^al 
 taxes on or before 14th December. [The Municipal Act, sec. 
 251), p. 188. 
 
 24 — Last daj for })osting up annual statement of assets and liabilities 
 ill Towns, Townships and Villages. (The Mtinicipal Act, sec. 
 263 (3a) ), p. 195. 
 
 31 — Auditors to e;camineand report upon accounts, etc., for year ending 
 on the 31st December preceding their appointment. {The Muni- 
 cipal Act, sec. 263 (1)), p. 193. 
 
 Yearly taxes to be computed up to. {The Municipal Act, sec 364), 
 p. 275. 
 
 Final return by Judge of County Court in Cities, Towns and Incor- 
 porated Villages when assessment taken between 1st July and 
 30th September. {The Assessment Act, sec. 52), p. 754. 
 
 Road Commissioners to cease to hold office. (The Assessment Act, 
 sec. Ill), p. 800. 
 
 License Commissioneis to ceasw to hold office, 
 sec. 3), p. 893, 
 
 (Liquor License Act, 
 
 Nomination of candidates for office of Mayor in Cities, and for 
 Mayor, Reeve, 'and Dej)uty Reeves in Towns to take place on last 
 Monday in December, at 10 a.m. (The Municipal Act, sec. 107), 
 p. 88. 
 
 ? ■' 
 
 is 
 
 
Ixii 
 
 OALiJNDAK. 
 
 Notniiiation of C aiicill<irs in Towns and o( Reeves, Deputy TleoveH, 
 and Counoillor.s in Townships juid iuc;()ipt)iiitod Villages, to take 
 place at noon on last .Moiidav in l.)eieinber. {'The Mnnicipal 
 Act, sec. 109), p. 'JO. 
 
 Nomination of candidates in TownsIii|»s divided into wards to l»o 
 lield on last Mondav in December, at 10 a.ni. {The Municipiii 
 Act, sec. 110). Dl. 
 
 Meetiii'^ of eleetors for nomination of I'olice Trustees in i^oliee 
 V^illa«^eH to \>t' held at noon on last Monday in December in each 
 year. 77iii Municipal Act, sec. (i48 ( I ) ), p. <il2. 
 
 Members of Councils oi' municipalities in AI,'j;(Mna, iNIuskoka, Parry 
 Sound, Nipissint,', Thunder Bay. and llainy River, to be nomi 
 nated on last Afonday in December. {Act respectini/ A/tjomrt, 
 etc., sec 4o), p. 04:4. 
 
 Council of any City passiiiaf a by-law declaring,' it expedient so to 
 do, may a}ipoint Auditors in December, {The J/tinicipnl Act, 
 sec. 260 (I)), p. 193. 
 
-♦♦♦- 
 
 THE 
 
 MUNICIPAL MANUA I.. 
 
 B. S. 0. cap. 184- 
 An Act respecting Municipal institutions. 
 
 Title 
 
 (I 
 (( 
 (( 
 l( 
 
 rURLlMINAKY, SS. 1,2. 
 
 Paut I — Municipal Oiujanization. 
 I. hicorporation. 
 
 II. New Corporations. 
 
 Division I. Villa^'es, ss. 9-17. 
 
 II. Towns and Citi«^s, ss. 18-26. 
 
 III. Townsliips, ss. 27-154. 
 
 IV. Counties, sa. 30-37. 
 V. Provisional County Corporations, s.s. 
 
 38-52. 
 VI. Matters Consequent » .,ii *he for- 
 mation of New .(Orations, ss 
 53-63. 
 
 Part II. — Municipal Councils, how Composed. 
 
 Title T, The Members. 
 
 Division I. In Counties, ss. 64-67. 
 II. In Cities, s. 68. 
 
 III. In Towns, .s. 69, 
 
 IV. [n Incorporated Villages, s. 70. 
 V. In Townships, s. 71. 
 
 VI. In Provisional Corjwrations, s. 72. 
 
 
 (( 
 <( 
 
 I 
 
 "j^wBM-mwii-iiTririiiiiiiiiiii.lilpiitlii .1 ; ;,'i niti 
 
THE MUNICIPAL MANUAL. 
 
 7Utle II. Qualification, Disqualification, and Exemptiont. 
 Division I. Qunliticution, ss. 73-76. 
 " II. Disquftlitication, 77. 
 
 III. Exemptio!iB, s. 78. 
 
 II 
 
 Title 
 
 Title 
 
 Part III. — Municipal Elections. 
 
 I. Electors. 
 
 Qualitication, 8S. 79-87. 
 
 Division I 
 
 II. Elections. 
 Division I. 
 II. 
 
 <( 
 
 
 Time and place of holding, sa 88-96. 
 Ileturninjj Officers and Deputy Re- 
 turning Officers, ss. 97-101. 
 
 III. Oaths, 88. 102-106. 
 
 IV. Proceedings Prelinunary to the Poll, 
 88. 107-141. 
 
 V. The Poll, 88. 142- 161. 
 VI. Misceilaneous Provisions, 88. 162-176. 
 VI r. Vacancies in Council, ss. 177-186. 
 VIII. Controverted Elections, ss. 187-208. 
 " IX. Prevention of Corrupt practices, ss. 
 
 Part IV. — Meetings op Municipal Councils. 
 
 Division I. When and where held, ss. 223-232. 
 «' II. Conduct of business, ss. 233-242. 
 
 Part V. — Officers of Municipal Corporations. 
 
 Division I. The Hearl, ss. 243-244. 
 II. Tlie Clerk, ss. 245-248 
 " III. The Treasurer, ss. 249-253. 
 
 IV. Assessors and Collectors, ss. 254-257. 
 
 V. Auditors and Audit, ss. 258-258. 
 VI. Valuators, s. 2G9. 
 VII. Duties of Officere as to Oaths, &c., 
 ss. 270-277. 
 ** VIII. Sahiries, Tenure of Office, and Secu- 
 rity, 83. 278-281. 
 
 Part VI. — General Provisions applicable to all Muni- 
 cipalities. 
 
 TitU I. General Jurisdiction of Councils. 
 
 Division I. Nature and extent, ss. 282-287. 
 
 (( 
 
 (( 
 
SYNOPSIS. 
 
 it 
 <t 
 
 <( 
 
 i( 
 i( 
 <i 
 
 Title II. fieapfi^ting By-Lav^n. 
 
 Division I. Autltoutication of, 88. 288-290. 
 
 II. Objcctioim by Ratepnyers, 88. 281-292. 
 
 III. Voting on by the Electors, ss. 293- 
 328. 
 
 IV. Confirnmtiou of, 88. 329 331. 
 V. QuuHhing, ^<s. 332-339. 
 
 VI. By-liiwH creating Debts, 8S. 340-356. 
 VII. IJy-lawH respecting Yearly Rates, ss. 
 357-308. 
 
 " VIII. Anticipatory appropriations, ss. 369- 
 371. 
 
 Title III. J'l'spectiuff Finance. 
 
 Dh'iaioii 1. Accountants and Investments, ss. 
 372-382. 
 " II. Comniission of Inquiry into Finances, 
 
 ss. 383 384. 
 
 Title IV. Arbitrations. 
 
 Division I. Appointment of Arbitrators, ss. 385- 
 396. 
 " II. Procedure, ss. 397-404. 
 
 2Htle. V. Dehentnrva and other Instruments, ss. 405-414. 
 
 VI. Adviinistrnthm of Justice and Judicial Pro- 
 ceedimjs. 
 
 ion I. Justices of the Peace, ss. 415-419. 
 II. Penalties, ss. 420-423. 
 
 III. Witnesses and Jurors, ss. 424-426. 
 
 IV. Convictions under By-laws, s. 427. 
 V. Execution against Municipal Corpo- 
 rations, 8s. 428, 429. 
 
 VI. Tender of Amends, s. 430. 
 VII. Contracts with Members of Council 
 
 void, s. 431. 
 VII r. Police Office and Police Magistrate, 
 ss. 432-433. 
 IX. Board of Commissioners of Police 
 and Police Force in Cities and 
 Towns, Hs. 434-451. 
 X. Court Hous«'s, Gaols, Ac, ss. 452-470. 
 XI. Investigation as to Municipal Officers 
 
 and Governments, s. 477. 
 XII. When Mayor may call out posse 
 coviitatus, 8. 478. 
 
 D-'v' 
 
 u 
 
 j 
 
6 
 
 THE MUNICIPAL MANUAL. 
 
 B8. 
 
 (( 
 
 <( 
 
 <( 
 
 
 Part VII. — Powbrs op Municipal, Councils. 
 Title T. Powers generally. 
 
 Division I. Counties, Townships, Cities, Towns, 
 and Incorporated Villages, ss. 
 ss. 479-488. 
 II. Townships, Cities, Towns, rnd Incor- 
 porated Villages, ss. 489-492. 
 
 III. Townships, Cities, and Towns, s. 493. 
 
 IV. Counties and Cities, s. 494. 
 V. Counties, Cities, Sep. Towns, s. 495. 
 
 VI. Cities, Towns, and Incorporated Vil- 
 lages, ss. 496-503. 
 VII. Cities and Towns, ss. 504-508. 
 VIII. Townships, Towns, and Villages, s. 
 509. 
 " IX. Towns and Incorporated Villages, 
 
 8. 510. 
 " X. Counties, ss. 511-520. 
 
 XL Townships, ss. 521-523. 
 
 Title II. Powers as to Highways and bridges. 
 
 Division I. General Provisions, ss. 524-540. 
 
 '* II. Counties, Townships, Cities, Towns, 
 
 and Incorporated Villages, ss. 550- 
 554. 
 
 " III. Townships, Cities, Towns, and Incor- 
 porated Villages, ss. 555-564. 
 
 " IV. Counties and Townehips, s. 565. 
 
 " V. Counties, s. 566. 
 
 " Townships, ss. 577, 568. 
 
 Title III. Powers as to Drainage and other Improvements 
 paid for hy Local Rates. 
 Division, I. Townships, Cities, Towns, and Vil- 
 lages, ss. 509-629. 
 *' II. Townships and Villafres, s. 630. 
 
 III. Counties, ss. 631-633. 
 
 Title IV. Powers as to Railways, ss. 634-637. 
 
 Part VIII. — Polick Villagks. 
 
 Division I. Formation of, ss. 638, 639. 
 
 " II. Trustees, and Election thereof, ss. 
 
 640-660. 
 " III. Duties of Police Trustees, ss. 661-670. 
 
 Confirming and Saving Clauses, ss. 671, 672. 
 
88. 1, 2.] 
 
 INTERPRETATION. 
 
 HER Majesty, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 Preliminary. 
 
 1. This Act may be cited as ^^The Municipal Act." (a)Shorttiu» 
 46 v., c. 18, 8. 1. 
 
 2. Wherethe words following occur in this Act, or in the interpnu- 
 schedules thereto, they shall be construed in the manner here- JJoJ^I 
 inafter mentioned, (6) unless a contrary intention appears. 
 
 1. •'Municipality," shall mean any locality the inhabitants " Munid- 
 of which are incorporated, or are continued, or become P»W*y-" 
 so under this Act ; 
 
 (a) This Act is a re-enactment of 46 Vict. c. 18, with siibsequent 
 amendments. The amendments made by 51 Vict. c. 28, have been 
 noted in this proper places. References are made at the end of each 
 section to the original Act or Acts from which the section is taken. 
 The marginal note to the section of a statute forms no part of 
 the statute itself, and is not binding as an explanation or con- 
 struction of the statute. Claydon v. Oreen, Oreen v. Claydon, L. 
 R. 3 C. P. 511; Sutt<yn v. Sutton, 22 Ch. D. 511. But apparently 
 the headings of the diflferent portions of the statute may be referred 
 to in order to determine the sense of any doubtful expression in a 
 section ranged under any particular heading. See Hammemmith and 
 City R. W. Co. V. Brand, L. R. 4 H. L. 171 ; In re Kinnear and 
 Haldimand, 30 U. O. Q. B. 398; Reg. v. Currie, 31 U. 0. Q. B. 582; 
 Laurie v. Rathbun, 38 U. C. Q. B. 255 ; In re Niagara High School 
 Board and the Corporation of Niagara, 39 U. C. Q. B. 362. See, 
 however, as to the marginal notes and headings in the Revised 
 Statutes, 50 Vict. c. 2, sec. 1. 
 
 (b) An interpretation clause in an Act should be understood to 
 define the meaning of the words interpreted yi cases where there is 
 nothing in the Act opposed to or inconsistent with that meaning. 
 Midland R. W. Co. v. Atnhergate, Nottingham, tfec, R. W. Co., 10 
 Hare 359. The meaning of particular words in an Act, in the absence 
 of express definition, is to be found, not so much in a strict etymo- 
 logical propriety of language, nor even in po, ular use, as in the 
 subject or occasion on which they are used, and the object that is 
 intended to be attained. Rex v. Hall, 1 B. & C. 136 ; approved in 
 The Lion, L. R. 2 P. C. 525. The intention of the Legislature must 
 be ascertained from the words of the Act, and not from any general 
 inferences to be drawn from the nature of the ol)jects dealt with. 
 Fordyce v. Bridges, 1 H. L. Cas. 1. See also Logan v. Earl Courtovm, 
 13 Beav. 22. If the words are of themselves precise and unam- 
 biguous, tlien no more can be necessary than to expound those words 
 in their natural and ordinary sense. Sussex Peerage Case, 1 1 CI. & B'. 
 86. Each word must be interpreted according to its legal meaning, 
 unless the context shew that the Legislature has used it in a popular 
 
 ift 
 
8 
 
 THE MUNICIPAL MANUAL. 
 
 [a 2. 
 
 <• Locftl Ma- 
 nlcipalify." 
 
 •' Council." 
 
 "County." 
 
 2. "Local Municipality," shall mean a city, town, township, 
 or incorporated village ; 
 
 3. " Council," shall mean the municipal council or provi- 
 sional municipal council, as the case may be ; 
 
 4. "County," shall mean county, union of counties or united 
 counties, or provisional county, as the case may be ; 
 
 or more enlarged sense. Stej)henson v. I[it)t/inaon, 3 H. L. Cas. 638. 
 The Act should l>e construed according to the ordinary and gramma- 
 tical sense of its language, if there be no inconsistency apparent in 
 its provisions. Smith v. Bell, 10 M. & W. 378. See also PhUlpott v. 
 St. George's Hospital, 6 H. L. Cas. 338. Where the intention of the 
 Legislature can be collected from the Act itself, words may be modi- 
 fied, altered, or supplied, so as to obviate any repugnancy to or 
 inconsistency with such intcnticm. Quht v. O'Keefe. 10 Ir. C L. R. 
 393 ; see also Charlei^worlh v. Ward, 31 U. C. Q. B. 94. It is the 
 most natural and genuine exposition of an Act to construe one part 
 by anothei". lierj. v. Mallow Union, 12 Ir. C. L. R. 35. The general 
 words of a statute are not to be so construed as to alter the previous 
 policy of the law, unless no sense or meaning can be put on the 
 words consistently with the intention of preserving the existing policy 
 untouched, yfbut v. Leman, 20 Beav. 2(i9. See also (f Flaherty v. 
 McDowell, 6 H. L. Cas. 142. In construing Acts which infringe on 
 the common law, the state of tlie law bofori the passing of the Act 
 must be ascertained, to determine how far it id necessary to alter the 
 law in order to carry out tlie o))ject of the Act. Swanton v. Cloold 
 et oL, 9 Ir. C. T^ Ft. 234. Tlio general law of the country is not to be 
 altered or controlled by parti.il legislation made without any special 
 reference to it. Denton v. Lord Manners, 4 Jur. N. S. 151 ; afnrmed 
 on appeal, 4 Jur. N. S. 724. See also Attorney-General v. JiJarl Powis, 
 1 Kay 186. Prima farie the proper mode of construction is to apply 
 the same interpretation to terms used in a by-law which is applied to 
 the same terms in the Act under the powers of which the l)y-law is 
 frameo. lilashUl v. ('hanil>f)n, 14 Q. B. D. 479. I>iHiculties some- 
 times arise owing to a conflict between general and particular Acts of 
 Parliament. If the particular Act gives in itself u complete rule on 
 the subject in hajid, the expression of tliat rule would undoubtedly 
 amount to an exception of the subject matter of tlie rule, not of the 
 
 feneral Act. Per Lord Westbury, in /i'x jiarte St. Se(>ulchrea, .33 
 I. J. Ch. .372; see also Lnndim, Chatham and Dover li. W. Co, v. 
 Board of Works of WamUworth, L. K. 8 C. \\ IS.') ; Taylor v. Corpo- 
 ration of Oldham , \ Ch. D. 39.5; lientley, Itot/ierhart, and Kindierworth 
 Local Board of Hialth, Ih. r)S8. In dealing with a statute which 
 proposes merely to repeal a former statute of limitcvi operation and 
 to re-enact the provisions in an amended form, the ( '«iirt is not neces- 
 sarily to presume an intention to extend tlie operation of those 
 provisions to classes of persons not previously subject to them, unless 
 the contrary is shewn, but is to determine cv the whole statute, 
 considered with reference to the suiroumling circuinstances, whether 
 such an intention existcil. lirown v. McLachlan, u. H. 4 1'. 0. 550. 
 This section so far as the terms cU^fined can be applied, extends to 
 any Act relating to municipalities. See Rev. Stat. c. 1, sec. 10. 
 
s. 3.] 
 
 EXISTING CORPORATIONS. 
 
 9 
 
 5. *' Township," shaM mean township, union of townships ••Township.- 
 or united townships, as the case may be ; 
 
 6. " County Town," shall mean the city, town, or village County 
 in wliich the assizes for the county are held ; *''^°* 
 
 7. "Land," "Lands," "Real Estate," "Real Property," ;;!""><>•" 
 shall respectively in clrde lands, tenements and heredi- estate." 
 taments. and all rights thereto and interests therein j ' j."*''* " 
 
 8. " Highway," " Road," or " Bridge," shall mean a public ;'Highway.' 
 highway, road, or bridge, respectively ; !I Brfdge. • 
 
 9. " Electors," shall mean the persons entitled for the time " Electors." 
 being to vote at any municipal election, or in respect of 
 
 any by-law, in the municipality, ward, polling subdivi- 
 sion, or police village, as the case may be ; 
 
 10. "Reeve," shall include the deputy reeve or deputy " ReeTo." 
 
 reeves where there is a dei)uty reeve for the munici- 
 pality, except in so far as respects the office of a Justice 
 of the Peace. 
 
 11. The words "next day" shall not apply to or include " ^'eit day." 
 
 Sunday or statutory holidays. 46 V. c. 18, s. 2. 
 
 ■..: 
 
 PART I. 
 
 MUNICIPAL ORGANIZATION. 
 
 TiTLK I. — Incorporation. 
 Title II. — New Corporations. 
 
 TITLE I.— INCORPORATION.— S-ecs. 3-8. 
 
 3. The inhh oitants of every county, city, town, village, Existintt 
 township, union of counties, and union of townships i^corpo- J,"""'^^','"^^^ 
 rated at the time this Act takes effect, (e) shall continue to fontinup.i. 
 
 (c) The English municipal system and the Ontario system are in 
 many respects widelj' diflTerent. Corponvte bodies were, from time 
 t<> time, by charter and otherwise, constituted in several of the cities, 
 t<)wns, and boroughs of England, for the purpose of municipal govern- 
 mont. These, however, were anything but uniform. In 1S35, the 
 5 & 6 Will. IV. cap. 76, was passed iu order to establiap, if possible, 
 
 2 
 
 
 5* -.,3 4W^^f 
 
4 W J i J^ n il I i .i^ 
 
 10 
 
 Tllli: MUNICIPAL MANUAL. 
 
 8. 3. 
 
 be a body corporate, with the iuunici))al boundaries of every 
 such corjKjration respectively then established, 46 V. c. 18, s. 3. 
 
 a inuniuipal system in England and Wales. Still there were divisions 
 of people into parishes and hundreds where there was no incor- 
 poration. In some cases tlie people of the parishes, though not 
 incorporated, were held liable to persons sustaining injury from acts 
 of misfeasance. In some respects the liability of corporations, con- 
 tinued or created by this Act, for neglect of duty is identical with 
 the liability of parislies in Kngland. See tlie decisicms of Wilson, J., 
 in WeWiiiiton v. WiUoii, 14 U. C. C. I'. 306, and in /hnrohl v. Sinirof' 
 and Ontario, l(i U. C. C. P. .50-5.3, and the language of C"lian(;ellor 
 VanKoughnet in the last named case in ai>peal, KS U. (.'. C. P. 13. 
 See also Req. v. Yorhnlh, 22 U. C. C. P. 437, 440 ; Ca-stur v. Ux- 
 bthhje, 39 U. C. Q. B. 11.3. 
 
 "A corporation is an artilicial being — invisible, intaugible, and 
 existing only in contemplation of law. Being the mere creature of 
 law, it possesses only tiioso properties which the charter of its creation 
 confers upon it, eitlier expressly or as incidental to its very existence. 
 These are such as are supposed b)st calculated to ell'ect the object for 
 which it was created. Among the most important are immortality 
 (in the legal sense, ) that it may be made capable of indefinite duration, 
 and if the expression may be allowed, indivi(iuality — properties by 
 which a perpetual succession of many persons are considered the 
 same, and may act as a single individual. They eualde a cor])oration 
 to manage its own afl'airs, ami to h(dd property witli.)ut tlie iierplexing 
 intricaoios, the hazardous and endless necessity <if ptrpetiiid convey- 
 ances for the purpose of transmitting it from haml to luiul. It is 
 chiefly for the purpose of clothing bodies of men iit Mn('je.s.-ii(m with 
 tliese (jualitics and capacities that corporations were invented and .'<re 
 in use. By tliese means n perpetual succession of individuals are 
 capable of acting for the promotion of the i»artieular ohjo( t, like one 
 immortal being." Per Marshall, C. J., in Dmimnulh t'otli it v. Wond- 
 ward. 4 Wheat. G3(). See liahy v. liahy, 5 IJ. ('. i}. B. .")iO; Standly 
 V. Perry, 3 S. C. R. 3oG. Acts done in excess of their exjiress or 
 implied powers arc absolutely void. /;/ re liirlnnnnd v. Front i>f 
 Lfidx and Lansdon'nr, 8 U. (,'. Q. B. .KJT ; ('inn/ihr// v. (.'nrj)0)fiti')n 
 nf Ehna, 13 U. C. C. \\ ?MS', Miners' Ditch ('<>. v. Z< lhrl»i,-h, 37 Cal. 
 r>43: but there may be cases in which the corpnratit>n isi unable to 
 avail itself of such a defence. Sue W'mli' v. Ilr<in'/(ir<l. l!l U. C. (}. 
 B. 207; Moon- v. Maynr, dr., of X tie Ytnk, 73 X. V. 2.3S. 
 
 AVords making any association or number of persons a corporation 
 or body politic and corporate, vest in tin; corporation power to sue 
 and be sued, to contract and be contracted with in their corporate 
 name, to liave a commoiuseal, ami to alter and change the same at 
 their pleasure ; to have perpetual succession, and p(»wer to accjuire 
 and hold personal property or movables for the purposes for wliich 
 the corporation is constituted, and to alienate the same at pleasure, 
 and also vest in any majority of the memljers of the corporation the 
 power to bind the others by their acts, an I exempt the individu.il 
 nienibers of the cor|)oration from personal lia!)ility f</r its debts or 
 obligations or acts, provirletl they do not contravene the provisions of 
 tlic Act incorporating them. IJ. S. U., c 1, s. S, sul)-s. 2:"). 
 
4.] 
 
 EXISTlifO OFFICERS OF CORPORATIONS. 
 
 11 
 
 4. The head and members of the council, and the oflicei's, Heads,offl 
 by-laws, contracts, property, assets and liabilities of every ^"(,^J 
 municipal corporation, when this Act takes eftect, shall be*o.oon- 
 
 To consider these powers more in detail. 
 
 The Jirst in order is, *' to sue and be sued." A municipal corpora- 
 tion, like an individual, under the limitations involved in its consti- 
 tution and organization, may have recourse to the Courts of tlse 
 country to enforce rights and redress wrongs. Ottawa District Coun- 
 cil V. Low, 6 O. S. 54G. So one niuniuipnl corporation may sue 
 another. Huron v. London, 4 U. C. Q. B. 302. So also a nuinicipal 
 corporation may be sued for a breach of contract, and in certain cases 
 for wrongful acta not arising out of cont a-t. Thus a nuinicipal cor- 
 poration may be sued for negligence in . ooustruction of a sewer, 
 malfeasance in illegally obstructing a drum or water coiuse, so as to 
 injure the owner or owners of l«nd adjoining, or for wrongfully 
 diverting a stream of water on plaiutitf 's liind. Fnrrell v, London, 
 12 U. C. Q. B. 34,3 ; Reeva v. Toronto, 21 U. C. Q. B. 157 ; Perdue 
 V. Chintjuacousy, 25 U. O. Q. B. 61 ; Rowe v. Rop/iextn; 29 U. C. Q. 
 B. 590 ; StonthoHse v. Emmkillvn, 32 U. C. Q. B. 502 ; Darhy v. 
 Crowland, 38 U. C. Q. B. 338 ; linthumt v. Mncphernon, 4 App. Cas. 
 256. To 8up])ort an action against a municipal coiporation of the 
 nature suggested, although it is not necessary to shew any authority 
 under seal to the person or persons, who, under the supposed instruc- 
 tions of the corporation, actually did the wrtmgful act, something 
 nuist be shewn to ctmnect the corporation as a body with the doing 
 of the act. Farrell v. London, 12 U. C. Q. B. 343 ; Lewis v. Toronto, 
 39 U. C. Q. B. .343. Under particular circumstances a receiver of 
 the tolls of an incorjmrated company for whom the nuinicipal cor- 
 lioration has made advances may be appointed on the application of 
 tlie corporation, lirantford v. Grand River Navigation Co., 8 Grant, 
 246. 
 
 The second power is, to "contract and be contracted with." It is 
 a principle ajtplicable to all corporations, that they must contract 
 under seal. 'I'o this principle there are some exceptions. See Albert 
 Cheese Co. v. Leeniimj, 31 U. C C. P. 272. One of some moment has 
 liten created with regard to municipal corporations. It is tliat such 
 a corporation is liable to be sued in an action of debt on simple con- 
 tract for the price of goods furnislied, or labour done at their reiiuest 
 ami acce])tod by them. Fetterii) v. Russell and Camhridijc, 14 U. C. 
 {). B. 433. Though in such a case there be no contract uiuler seal, 
 the law implies an undertaking by a corporation to pay for lalxnir 
 and materials employed in their service, and of wliicli they have 
 accepted and are enji tying tiie bencHt, providetl the j)urpose for 
 wliich the labour aiitl materials have been applied is one clearly 
 within the legitimate object of their charter, liartlitt v. Amherst- 
 hurti, 14 U. C. Q B. 152; Fetterhi v. Russell and Camhridqe, 14 U. 
 C. Q. B. 433 : I'ivi v. Ontario, 9 U. C. C. V. 30-' : /V//v/ v. Ottawa, 
 23 U. C. Q. B. 39i ; Rroim v. Jie/lerille, 30 U. V. (.}. B.' 373 ; Went- 
 irorth V, Haviillou, 34 U. C i). B. 585 ; /imwii v. Ijiiidsaij, 35 
 U. (J. (^. B. 509. Where professional accountants wire fiiiployed to 
 examine the accounts of a municipality, it wjis held tluit they could 
 recover, though there Mas no by-law tlirecting the work to be done. 
 
 
12 
 
 THE MUNICIPAL MANUAL. 
 
 h. 4. 
 
 deemed the head and members of the council, and the 
 oflScers, by-laws, contracts, property, asisets and liabilities of 
 
 or appointing them to do it. Hobins v. Brockton, 7 O. R. 481. A 
 municipal corporation is liable on an executed contract for work 
 done by its order, on its behalf and for its benefit, though there be 
 no agreement under seal, if the thing done was urgently required 
 for the purposes of the corporation, and especially so when the price 
 to be paid is not of large amount. LawretiCti v. Corporation of Luck- 
 now, 13 O. R. 421. Ihe exception, however, does not extend to 
 executory contracts, such as works, &c., to be, done, but is confined 
 to work in fact done and accepted. McLean v. Brantford, 16 U. C. 
 Q. B. 347; Wingate v. Mnrnkillen Oil Rtfimno Co.. 14 U. C. C. P. 
 379; Mayor, <t'C., of KiiUlerminHter v. Hardwick, L. R. 9 Ex. \^', Aus- 
 tin V. Giuirdiana of Bethnal Green, L. K. 9 C. P. 91 ; Honck v. Whitby, 
 14 Grant 671. An individual dealing with a corporation through its 
 council or the members of the governing body, is bound to notice the 
 objects and limits of their powera and the manner in which those 
 powers are to lie exercised, and it should be borne in mind that their 
 acts, when beyond the scope of their authority or done in a manner 
 unauthorized, are in general nugatory and not binding on the corpo- 
 ration, liommy v. Western Didrict, 4 U. C. Q. B. 374; Silsby v. 
 DuntiviUe, 31 C. P. 301 ; 8 A. R. 524. Where work was done under 
 a contract not made with the corporation or any of its known officers, 
 but merely with persons assuming to act as a duly appointed cf ni- 
 mittce, it was held that no action would lie against the corporation. 
 Stoneburifh v. Briyhton, 5 U. C. L. .J. 33. No action can be sustained 
 for a breach of duty against the head of a corporation in not affixing 
 the seal to a contract between a corporation and an individual, 
 founded on a refusal which (if there had been a previous valid con- 
 tract) would have constituted a breach of it ; in other words, there 
 cannot be a remedy against the head of a corjjoration, equivalent to 
 a remedy on the contract against the corporation, had the contract 
 been duly made so as to create a valid and binding agreement. Fair 
 V. Moore, 3 U. C. C. P. 484. 
 
 Municipal corporations, when authorized to trade, and trading, 
 appear to have the same rights and to be under the like obligations 
 as corporations created for the purposes of trade. Welln v. Mayor, 
 Ac, of Kini/ston-upon-Hull, L. 1{. 10 C. P. 402. A corporation may 
 be bound by acquiescence. Pembroke v. Canada Central B. W. Co., 
 3 O. R. 503. 
 
 The powers of a mun'oipal corporation to have a common seal, to 
 acquire and hold personal property or movables, and alienate tiie 
 same at pleasure, are too well known and too thoroughly under- 
 stood to need comment. A corporation as well as an individual may 
 adopt any seal. It need not declare that the seal is their common 
 seal. See Ontario Salt Co. v. Merc/uintH' Salt Co., 18 Grant 551. 
 Proof of the signatures of the attesting officers, if the proper officers 
 of the corporation, in prima facie evidence that the seal was properly 
 affixed. Per Kinsey, C. J., in Den v. Vreelamlt, 2 Halst. (N. J.) .352. 
 The right of a corporation to acquire, hold and alienate real estate, 
 generally depends upon the special provisions of the otatute or 
 charter. The power, when not otherwise provided, of a majority to- 
 
 a. 5, 
 
 such 
 visio 
 
 6. 
 
 siona 
 shall 
 Town 
 case I 
 
 18,8. 
 
 bind til 
 nienibei 
 noticnd 
 
 (d) S< 
 nors of 
 Ovneral 
 Beav. 3 J 
 furtiier. 
 
g. 6,] NAMES OP CORPORATIONS. 18 
 
 such corporation, as continued ui»der and subject to the pro- 
 visions of rhis Act. (d) 46 V. c. 18, s. 4. 
 
 6. The name of every body corpoi'ate (not being a provi- ^amea of 
 sional corporation) continued or erected under this Act, oorporatioiii. 
 shall be " 27ie Corporation of the County, City, Town, Village^ 
 Township, w United Counties, w United Townships (as the 
 case may be) o/ " (naming the same), (e) 4G V. c. 
 
 18, s. 5. 
 
 bind the others by their acts, and also the exemption of indi vidua 
 menibejs of the corjjoration from personal responsibility, will be 
 notic«d hereafter. 
 
 {d) See Corporation of Ludlow v. Tyler, 7 C. & P. 537 ; Doe Oover- 
 nors of liiiatol Hospital v. Norton, 11 M. & W. 913, 928 ; Attorney- 
 General v. Ker7', 2 lieav. 420, 429; Attorwy-General v. Newcastle, 5 
 Beav. 314, 215; Attorney-General v. Leicester, 9 Beav. 546. See 
 further, notes to preuvdiug section. 
 
 (e) The proper corporate name of a munioipr c< -poration ought 
 to be used on all occasions and in all places. But it has been 
 decided that a by-law of a nuuiicipal council is valid if it appear 
 on the face of it to have been enacted by a municipal body having 
 authority to make the by-law under the municipal laws. Fleioellyn v. 
 Webster, 6 O. S. 586 ; In re JJawk'nu v. Huron, Perth, ami Bruce, 2 
 U. C. €. P. 12; Fishery. Vauifhan, 10 U. C. Q. B. 492 ;/n re Barclay 
 and Darlimjton, 11 U. C. Q. B. 410; Brophy and Gananoque,2(i\J .0. 
 C. P. 290 ; see also Gwynne v. Bees, 2 P. li, 282. Slight variances 
 in the use of corporate names, where substantially correct, have 
 been held immaterial even in matters of contract. Brock District v. 
 Bowen, 7 U. C. Q. B. 471 ; Trent and Frankford Boud Co. v. Mar- 
 shall, 10 U. C. C. P. 336 ; Whitby v. Harrison, 18 U. C. Q. B. 603 ; 
 Bract V. Croinar, 22 U. C. Q. B. 321. See also il/a//6»r and Burtjenses 
 of Lynne Beyix, 10 Rep, 120, 122 ; Mayor of Garlisle v. Blamire, 
 8 Kast. 487 ; Hep: v. Vroke, Cowp. 29 ; Beverley v. Barlow, 10 U. 
 C. C. P. 178; In re GoiHlvnn and Ottvina and Prexcott R. W. Co., 
 13 U. ('. C. P. 254. It was, however, held difl'erently as to the 
 intitling of a rule in a proceeding against a nuuiicipal corporation. 
 In re Sums v. Toronto, 9 U. C. Q. B. 181. The general rule is, that 
 a variation from the precise name of the corporation when the true 
 name is necessarily to be collected from the instrument or is shewn 
 by proper averments, will not invalidate a grant by or to a corpora- 
 tion or a contract with it, and the modern cases s'lew an increased 
 liberality on this subject. Per Chancellor Kent, in 2 Kent's Com. 292 ; 
 apitroveil in St. Louis Hospital v. Williams, 19 Mo. ()09. See further, 
 I'resident v. Myers, 6 Serg. & R^iwle, (Pa.,) 12; Milford Co. v. Brunh, 
 10 Ohio 111 ; People v. Hankie, 9 Joli-s ,47. A municipal corpora- 
 tion has no power tci change its name. See Buj. v. Bcjistrar of 
 Joint Stock CoMjMnies, 10 Q. B. 839; Episcopal Charitable Society v. 
 EiiixcofHil Church, 1 Pick. 372 ; see further, iiVa; v. Morris, 1 Ld. 
 Rayin. 337 ; Be>j. v. Bailifs ,,/ Ipswich, 2 L«l. Bayii\ 1232, 1238, 
 
 im. 
 
 ;=ll 
 
14 
 
 THE MUNICIPAL MANUAL. 
 
 [8 6. 
 
 cor 
 
 Nttmesof g. The inhabitants of every junior county, upon a provi- 
 "^"iwratrond. sional council being or having been appointed Tor tlio 
 county, shall be a body corporate (/) under the name of " The 
 Proviaional Corpoi'ation of the County of " (naming it.) 
 
 (</) 4G V. c. IS, s. 6. 
 
 InhnbitantP y, ' 
 
 c^ counti' ■ , 
 
 towDHhipt erecitM 
 
 in'i. tai ^s of evory courty, or union of counties 
 */ prociv ination into an independent county or 
 4c , and of unio 1 oi co;jJU'<! '^^ and of every township or union of town- 
 &c.,tobe8 sliipb, erc' '1 iii'o an independent township or union of 
 body con»or- t;o^v„f.}^ipg^ ^.nd of . V locality erected into a city, town, or 
 incorporated village, and of every county or township sepa- 
 rated from any incorporated union of counties or townshi|)S, 
 and of every county or township, or of the counties or town- 
 ships, if more than one, remaining of the union after the 
 separation, being so erected or 8ei)arated alter this Act takes 
 effect, shall be a body corporate under this Act. (h) 46 V. 
 c. 18, s. 7. 
 
 Corporate Q. The powers of every body corporate under this Act 
 exerdsed b> shall be exercised by the council thereof, (i) 40 V. c. 18, s. 8 
 council ___„ 
 
 (/) See note c to sec. 3. 
 
 (y) See note e to sec. 5. ' 
 
 (h) See note c to sec. 3. 
 
 (i) The council is not the corporation, but the legislative and 
 executive body of the corporation. It fluctuates from year to year, 
 while the corporate body is, as it were, immortal. See Ham'inon 
 V. Williams, 3 B. & C. 162 ; Hey. v. Paramore, 10 A. & K. 286 ; 
 Rfjj. v. York, 2 {). B. 850. Its powers are limited. It has no other 
 powers than such as are expressly granted, or such as are necessary 
 to carry into effect the powers expressly granted, /foth/es v. Bujf'alo, 
 2 Denio 112. See also In re Hoas ami York, 14 U. C. C. P. 171 ; 
 Cormcall v. Corporation of West Nisaouri, 26 U. C. C I*. 9 ; Citif of 
 Placerille v. Wilcox, 2 Withrow 63. See further Lowell v. City of 
 Boston, 15 Am. 39 ; The State ex rel. Griffith v. Osiookee Township, 
 19 Am- 99. Until the case of Hodges v, Bvffalo was decided, nothing 
 was more frequent in the United States than for city authorities to 
 vote largesses and give splendid banquets for objects and purposes 
 having no possible connection with the growth or weal of the body 
 politic, thus subjecting their constituents to unnecessary and oppres- 
 sive taxation. Per Pratt, J. , in Halatead v. Afayor of New York, 3 
 Comst. 433. See further Hood v. Lynn, 1 Allen (Mass. ) 103 ; Oerry 
 v. Stoneham, Ih. 319; Cornell v. Guilford, 1 Denio 510; Claffin v. 
 Hopkinton, 4 Gray 502 ; 7'ow/i v. Adama, 10 Cush. 252. The action 
 of municipal councils is to be held strictly within the limits 
 pi-escribed by the statute. See notes to sec. 282. W ithin these 
 limits they are to be favoured by the Courttr. See Smith v. Mad- 
 
 X. I. 
 
i 
 
 9.] 
 
 NEW CORPORATIONS. 
 
 TITLE II.— NEW OOKPORATIONS. 
 
 tlrv. ^. — ViLLAOEH. 
 
 Piv. II.- '"•>\vNs AND Cities. 
 
 I)1V. III.— 'l(»«'NHI!II-a. 
 
 Div. IV. — CorNTiEs. 
 
 Div, v.— "kovisional County CoRroRATroNs. 
 
 Div. 71. — Maitehs Conskquent iton the Formation of New 
 
 COKl'ORATIONS. 
 
 15* 
 
 Division I.— Villages, (j). 
 
 W/ien a Vi/h,^ , may h incorpornteif. Sec. 9. 
 Restriction If as to area of Towns and Villages. Sec. 10. 
 Arranynnciits with respect to assets and debts of Towi \i'pi. 
 
 See. 11. 
 Case of Vflla(/e partly in two Counties provided for. ..ti> . i 5. 
 An'avgcincnfs (ts to debts when Village transferred from mc 
 
 Con tit If to another. Sec. 13. 
 Additions to area. Sec. 14. 
 liednctio'ns of area. Sec. 15, 
 AnnexuHon of incorporated Village to adjoining iminicipality. 
 
 Sec, IG. 
 Setting apart unincorporated Village. See. 17 (1). 
 Poivers of Township in relation thereto. Sec. 17 (2-4). 
 
 t/ison, 7 Intl. 86 ; Ki/le v. Malin, 8 Ind. 34, 37. Parties dealing 
 with tlio agents or otlicers of a muniuipal corporation must at their 
 peril take notice of tiio limits of the powers. Maryland ex rel. 
 Balllmore v. Kirklnj et al., '2» Md. 85 ; 2 Withrow 406. It is some 
 times supposed that members of a nmnicipal council exceeding 
 their corjwrate ])ower8 may be held personally liable for their acts. 
 See ThomuK v. Wilnou, 20 U. C. Q. B. 331. But assuming a want 
 of power on the part of the council, it does not follow that the 
 ineiiibers of the council are personally liable on the contract. Eiidf 
 NisMouri V. J/orsntinn, 9 U. C'. C P. 189. Tlu fact of an agent 
 entering into a contract without authority does not, per se, render 
 him lial)le on ths contract. Jenkim v. H'ltr/iinnon, 13 Q. B. 744*, 
 Li'iriH V. Nicliolson, 18 Q. B. 503; Carr v. JarkMii, 7 Ex. 382; Mill 
 V. Hawbr, L. U. 9 J)x. 309 ; 10 Ex. 92. But an agent assuming to 
 have an authority which he has not, may be sued on an implied con- 
 tract by him that he had the authority which he professed to have. 
 llaiiilh V. Triuun, 18 C. B. 786, 794 ; CoUm v. Wrhjht, 7 E. & B. 
 .SOI ; 8 E. & B. 647 ; JVarlow v. Ilarrimn, I !<]. & E. 295. See also 
 Siiuous V. Patchett, 7 E. & 15. 568. Where a contract is signed by 
 one who professes to be an agent, but who lias no principal existing 
 at the time, and the contract would be wholly inoperative unless 
 binding on him, he is personally bound. Ketner v. Baxter, L. R. 2 
 C. 1*. 171. See further not* c to sec. 3. 
 
 (j) Portions of sections 10 and 15 relate also to towns. As to 
 erection of a village into a town, see sec. 19. 
 
 iir 
 
 ! ■ 
 
 ^? m 
 
 ':aS: 
 
16 
 
 THE MUNICIPAL MANUAL. 
 
 [ti. 9. 
 
 Area of 
 town or 
 village 
 limited. 
 
 When popu- Q. When the census returns of an unincorporatotl village, 
 county coun- with it« iinmecHato neighbourhood, taken under the direction 
 ?""*iomte of *'*6 council or councils of the county or counties in which 
 nil a Tillage, tho village and its neighbourhood are situate, (k) shew that 
 pU'^e "althe the same contain over 750 inhabitants, and when the residen- 
 ••eturning ggs of such inhabitants are surticiently near to form nn incor- 
 flrBt election, porated village, then, on petition by not lews than 100 resident 
 freeholders and householders of the village and neighbour- 
 hood, of whom not fewer than one-half shall bo freeliolders, 
 the council or councils of the county or counties in which the 
 village and neighbourhood are situate shall, by by-law, erect 
 the village and neighbourhood into an inoorj)orated village, 
 apart from the township or townships in which the same are 
 situate, by a name, and with boundaries to be lespectively 
 declared in the by-law, and shall name in tho by-law the 
 place for holding the first election, and the returning officer 
 who is to hold the same. (/) 46 V. c. 18, s, 9. 
 
 10. — (1) No tov/n or village incorporattHl after the passing 
 of this Act, the jmpulation of whicli does not exceed 1,000 
 
 {k) Stmblc, that a by-law incorporating a village is not necessarily 
 illegal by reason of the mere fact that tlie census was in reality taken 
 before the by-law authorizing the enunienition of the i)eo))le had been 
 passed by the county council, but where the cen.sua wan shewn to be 
 wholly unreliable effect was given to this objection, lie Fcnton v. 
 County of Simcoe, 10 O. R. 27. 
 
 (/) Municipal botlies are the creatures of the Ix-'gislature, and there- 
 fore subject to legislative control. The Legislature may increase, 
 abridge, sub-divide, or abolish them. CM) v. Khujinan. 15 Mass. 197 ; 
 Rich land v. Lainenre, 12 111. 1 ; Oorhtim v. Spninj/idd, 21 Maine 61. 
 The power conferred by this section is, strictly speaking, a legislative 
 power. See Peo/dc ex rel, Shumway v. Iknnett, 18 Am. 107 ; JJawod- 
 nar (Jordhan v. IJcoram Kaiiji, 1 A pp. Cos. .332. The general propo- 
 sition is, that the Legislature is the only body authorized to make 
 laws. But under tlie B. N. A. Act, provincial legislatures can entrust 
 to commissioners power to make regulations in the nature of police or 
 nmnicipal regulatioiiM of a merely local character. Ufdfje v. Jicrj., 9 
 App. Cas, 117. iSee also Ifeij. v. Bnrah, 3 App. Cas. 889 ; Powell v. 
 Apollo Candle Co., 10 App. Cas. 282. In the United States, 
 where, under a written (Constitution, constitutional (juesticms have 
 been frequent, it has been held c )mpetent for the Legislature of a 
 State to delegate to nnuiicipal yorporations the powers to make by- 
 laws affecting only the inhabitants of their several localities. Se>^ 
 St. Paul V. CoiUter, 12 Min. 41 ; Commnmocalth v. Dnt/uct, 2 ^'eates 
 (Pa.) 493; State v. Clark, 8 Fost. (N. H.) 170; Hill v. Decatur, 22 
 (Jeo. 203 ; Milue v. Damlxon, 8 Martin (La.) .")86 ; Markle v. Akrou, 
 14 Ohio 586 ; Mayor v. AfonjaUfQ Martin(l.a.)'{Kl ; Metcal/v. St. Louis, 
 1 1 Mo. 103 ; Anhton v. ElUworth, 48 111. 299. Where powers are delega- 
 ted they must be strictly followed. See Cook v. Ward, 2 C. P. D. 225. 
 
 801 
 
 in( 
 
 an< 
 in a 
 pro 
 1,0 
 
 f 
 wile 
 
 aboi 
 
 the ] 
 
 acrei 
 
 casej: 
 
 niaki 
 
 tion 
 
 tho I 
 or vi] 
 and 1 
 viJIag« 
 may h 
 village 
 
 11 
 
 from 
 
 piovisi 
 
 and 
 
 town 
 
 had bt 
 and to 
 like d 
 of sejw 
 the jun 
 
 12- 
 
 tv'o or 
 
 by-law, 
 
 within 
 
 of tlie 
 
 which 
 
 the coui 
 
 Council, 
 
 ('/') Set 
 •> 
 o 
 
 JWl 
 
 fi, ' 
 
s. 12.] 
 
 VILLAGES WITHIN TWO COUNTIES. 
 
 17 
 
 souls, shall extond over or occupy within tho limits of the 
 incorporation an area of more than 5U0 acres of land. 
 
 (2) No town or village already or hereafter incorporated, 
 and contitining a ])opulation exceeding 1,000 souls, shall 
 make any further addition to its limits or area, except in the 
 proportion of not more than 200 acres for each additional 
 1,000 souls, subsetpient to the lirst 1,000. 
 
 (3) In the ciso of towns or villages now incorporated, 
 whenever the a»-ea thereof exceeds tlie proportionate limit 
 aV»ovo prescribed, to wit, in all cases where the area exceeds 
 tlie pro|)ortion of &00 acres for the first 1,000 souls, and 2C J 
 acres for every subsequent additional 1,000, then in such 
 cases the snid towns or villages shall not be permitted to 
 make any further addition to their limits until their popula- 
 tion has reached such a proportion to their present area. 
 
 (4) But in all cases, the ijei-sons then actually inhabiting 
 the land about to be included within the limits of a town 
 or village, may, for the purpose of such extension, be held 
 and reckoned as among the inhabitants of such town or 
 village ; and the land occupied by streets or public squares 
 may be excluded in estimating the area of sUch town or 
 village. 46 V. c. 18, s. 10. 
 
 11. In cases where an incorporated village is separated 
 from the township or townships in which it is situate, the 
 provisions of this Act for the disposition of the property, 
 and jMiymeut of debts, upon the dissolution of a unijn of 
 townships, shall be applicable as if the localities separated 
 had been two townships, and the councils of such village 
 and townshij) or townships shall respectively [)erform the 
 like duties as by such i>rovisions devolve upon the councils 
 of separated townships, the said village being considered as 
 tlie junior township, (m) 46 V. c. 18, s. 11. 
 
 12. — (1) When the newly incorj)orated village lies within 
 t\ o or more counties, the councils of the counties shall, by 
 by-law, annex the village to one of the counties ; and if 
 within six months after the i)etitions for the incorporation 
 of the village are ]»resented, the councils do not agree to 
 which county the village shall be annexed, the wardens of 
 the counties shall memorialize the Lieviteuant Governor in 
 Council, setting forth the grounds of difference between the 
 
 {ill) See sec. 30 and notes thereto. 
 
 o 
 O 
 
 R«f(ulatinni 
 K» to on- . 
 
 Inrifen'ont of ' 
 •rea. 
 
 KxlHlDK 
 towni or 
 vllluK«a Bri'B 
 of which 
 excHedii pro- 
 
 rinrtlonato 
 iniit not to 
 be enlkrgod . 
 
 IIow popu- 
 lation and 
 area may be 
 feckonr^. 
 
 Dlapoiitionof 
 property and 
 payment of 
 debts when 
 inoorporateJ 
 villAKO Ib 
 separated 
 from towD- 
 
 SlliV. 
 
 Wlien the 
 village licH 
 witiiin two 
 or more 
 counties, it 
 shall be an- 
 nexed to on« 
 of them bv 
 the nounty 
 councils or 
 ill case of 
 difference Iiy 
 the Lieut- ' 
 (lovemor. 
 
 i 
 
 •r 4. 
 
18 
 
 THE MUNICIPAL MANITAU 
 
 [8. 12. (1). 
 
 It 
 
 In r»m of 
 r.illiirp or 
 cnunoIlK to 
 net, fre*- 
 holdiTii, iVi' 
 iii«v pctltl'i 
 Li<tuti*nnnt 
 (JoTiTnor. 
 
 councils; and thoroupon tho Lifut«niuit(Jovonior mIiiiII, hy 
 proclaiimtioii, ivmit'x tho villagy to oiio of sucli couiititss. 
 
 (2) Til vhho tlio wardcuH do not, within ono piontlj noxt 
 after tli<' cxpir-vtion of tli« six montliH, nu'tnorializo tlic 
 LitMitcmint-CJovrnior iii Council as afonwiid, tluni 100 of tlio 
 n fVocliMldcrs and liousolioIderH on tli« ccmihuh list may pe^titioii 
 ' tlic fii('ut«,'nant-CJov«n*iior in (-'ouncilto sctth) the matter, and 
 tlioreupiMi tho Ijiout«'nant-< Jovcrnor 8liall, l»y proclaiuatioii, 
 ann«'x tlu^ incorporated village to ono of tho connties. 46 V. 
 v.. IH, s. 12. 
 
 ti'tr'ruorv '.u- 13- -(1 ) I" ciiso a locality is, undor section 1 2 of this Act, 
 
 t«ch.'.i from- detached from one county and annexed to another, tho 
 
 nnii Iinm>xt(i<^<^""c'' of the couuty to which the locality is annexed and 
 
 to«noth»i. the council of tho village shall agree with tho council of 
 
 tho county from which the locality is detached, as to the 
 
 amount (if any) of tho county liabilities which should be 
 
 borne by the locality so detached, and tho times of payment 
 
 thereof, (/t) 
 
 (2) If the councils do not agree within throe months (»f 
 the separation in respect of the said matter, tho same shall 
 be determined by arbitration tinder this A(!t; (o) and the 
 amount (if any) so agreed or determinc^d shall become a debt 
 of the county to which the locality is attached, and sucli 
 U>cality shall, until tho said anmunt has been paid by the 
 proceeds of such rates, continue subject to nil rates which 
 liad been, prior to the separation, imposed for the payment of 
 county debts, or for tho payment of bonuses or aids granted 
 by sections of the county to railways, or for the payment of 
 local improv('ment debts. 
 
 (3) The council of tho county or of the village, as the 
 case may require, shall pass such by-laws and take such j)ro- 
 
 (/() Locality, under our system of municipal govenncnt, is subject 
 to taxation, Kacli jtortion of a county therefore sliould bear its 
 proper ])roportinn of tlie taxation of the whole county. Where a 
 portion is detached from one and added to another county, some 
 mode of adjustment of existing liabilities becomes indis[tensable. 
 See MrKr,' v. Huron iMrirt Court, 1 U. C. Q. B. 368 ; In re North 
 /Jiimfn^H V, Cuitnhj of Water/on, 12 U. C. Q. B. ."M)? ; County of 
 W>lhn,iton V, Township of Waterloo, 8 U. C. C, P. .358 ; County of 
 W,lli,'>:iton\\ TownMpofWihnot, 17 U. C. Q. B. 82. See further 
 Dillon on Municipal Corporations, .3rd ed. sec. 185. 
 
 ((») See 800. 385, et aeq. - 
 
 over 
 
 <lefine< 
 
 pass 1 
 
 of tht 
 
 done, 
 
 Nub-se 
 
 '^hel</o 
 
 ffainil 
 
 AM. 4 
 
 25 We 
 
 (?) 
 W'here. I 
 Act, iti 
 
•. 15.] iiRDUCIKQ AREA OF VILLAGER OR TOWNS. l^ 
 
 ccctlin<,'H »H may bo necoHHary for levying tlie nau\ rates; ami 
 nhall, unless such council luui prnviously paid the amount to 
 the municipality ho liable, pay over the same when collected 
 to the nuuiicipality which in liable for the debt on account of 
 which the rates were imposed. 
 
 (4) Where the councils do not agree as aforesaid, the 
 Lieutennnt-dovernor in Council may, lieforo proclamation hiin 
 been made, and upon the i>etition of a majority of the resident 
 freeholders and householders of the village, and with the 
 assent of at least two of the councils of the townships in 
 which the village is situate, annul the incorporation of 
 the villiige and restore the same to its former |)Osition 
 as an imincorjwrated village, and the same shall thereupon 
 be reinstated to its former position to the same extent as if 
 no proceedings for incorpoiution had ever been taken. 46 
 V. 0. 18, s. 13. 
 
 14. In case the council of an incoi'pornted village petitions Addition to 
 the Lieiitenant-Governor to add to the boundaries thereof, (p) yo"Sl!wit' 
 the Lieutenant-Oovernoj" may, subject to the provisions of Governor, 
 section 10 of this Act, by proclamation add to the village any 
 part of the localities adjacent, which, from the proximity of 
 the sti'eets or buildings therein, or the probable future exigen- 
 cies of tlu! village, it may seem desirable to add thereto; (q) 
 and iji case the territory so added belonged to another county, 
 it "hall thenceforward, for all purposes, cease to belong to 
 sucii other county, and shall belong to the same county as 
 the rest of the village. 46 V. c. 18, s. 14. 
 
 15. — (1) The county council of any county or union ofJ^''"cing 
 
 counties \\\h)\i the application by petition of the corporation Tiiiageior 
 
 towns. 
 
 {p) Muni'ipftl councils nro local governing IkmUcs. The localities 
 over which loir jurisdiction extends ought to be certain ami well 
 defined. Citi. «, towns, townships and incorporated villages may 
 pass by-laws for ascertaining and establishing the boundary lines 
 of the nnuiicipat'ty according to law, in case tlio same has not been 
 done, and for the erection and preservation of durable monuments. 
 Sub-sec. r»6 of sec. 489. See Citttintj v. Stone, 7 Vt. 471 ; Orai/ v. 
 Sheldon, 8 Vt. 402 ; Pierce, v. Carpenter, 10 Vt. 480. See alf '> 
 HamUUm v. McNeill, 13 Gratt. (Va.) 389 ; Jtanh v. Maryland, 7 
 Md. 483 ; (irem v, Clieek, 5 Ind. 105 ; Elmmdorf v. New Yorl, 
 25 Wend. G93 ; People v. Carpenter, 24 N. Y. 86. 
 
 (q) The power to add to boundaries is one that shoidd exist somr- 
 where. By this section, subject to the provisions of sec. 10 of this 
 Act, it is vested in the Lieutenant-Governor in C'ouncil. 
 
 Ill 
 
20 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 15, (I). 
 
 II 
 
 I 
 
 of any incorporated village or town not withdrawn from the 
 county and with a population as ascertained by the last 
 municipal enumeration (r) not exceeding 2,000, whose out- 
 standing obligations and debts do not exceed double the net 
 amount of the yearly rate then last levied and collected 
 therein, may, in their discretion, by by-law in that behalf, 
 reduce the area of such village or town by excluding from it 
 lands used wholly for farming purposes, (a) 
 
 (2) The by-law shall define, by metes and bounds, the new 
 limits intended for such incorporated village or town, (t) 
 
 (3) No incorporated village or town shall by such change 
 of boundaries be reduced in population below the number of 
 750 souls, (u) 
 
 Municipal (4) The municipal privileges and rights of the village or town 
 lage or town shall not thereby be diminished, or otherwise interfered with 
 abJidge'd ^^ respects the remaining area thereof, (v) 46 V. c. 18, 
 s. 15. 
 
 New limits 
 to be 
 defined. 
 
 Population 
 not to be 
 reduced 
 below 750. 
 
 16. — ( ^ ) In case the council of an incorporated village pass 
 resolution, by a two-thirds vote of the members thereof. 
 
 
 An incorpo- 
 rated village 
 may become a 
 
 rated^nd^ declaring that it is expedient that the village should become 
 may be unincorporated, and the resolution is approved by the elec- 
 an"(^oininK torsin the manner required for by-laws creating debts; (lo) and 
 municipality jn case the councjl of an adjoining municipality, or of two 
 or more of the adjoining municipalities, pass a resolution or 
 resolutions approving of the territory comprised in the vil- 
 
 (r) By sec. 479, sub-s. 13, power is given to pass by-laws for tak- 
 ing u local census. — See also sec. 18. 
 
 (n) rhie is the opposita of the power of extension. But while the 
 latter is vested in the Lieutenant-Governor in Council, the power of 
 contraction is by this section, subject to certain checks after men- 
 tioned, vested in the county couuoiL 
 
 (t) See note p to sec. 14. 
 
 (u) This is the number made necessary for the incorporation of a 
 village. See sec. 9. 
 
 ((') There cannot exist in the same locality two municipal bodies 
 exercising similar powers. Each municipal council, no matter what 
 its area, is independent, or ought to be independent, of every other 
 similar municipal council. See Hex v. Paas.uore, 3 T. R. 243 ; Hex 
 V. Ameiy, 2 Bro. P. C. 336 ; Patterson v. Society, tkc^ 4 Zabriskie, 
 (X. J.).Se5; Milne. \. ALjjor, 13 La. 69; Hamilton v. McNeil, 13 
 Gratt. (Va.) 389 ; People v. Famham, 35 111. 562. 
 
 Uc) See sec. 340, et seq. 
 
 the'' 
 
 ties, 
 
 the 
 
 such I 
 
 mont 
 
S. 16, (5).] VILLAGES BECOMING INCOHPORATED. 
 
 lage being annexed to such municipalitj' or municipalities, 
 the Lieutenant-Governor in Council may issue a procla- 
 mation annulling the incorporation of the village, and annex- 
 ing the territory included therein to such municipality or 
 municipalities, (x) 
 
 (2) If the said territory is annexed to one municipality, such 
 municipality shall be liable for the debts of the village, and 
 shall be entitled to its assets, but if the territory is annexed 
 to two or more municipalities, the councils of such munici- 
 palities shall, before the i)roclamation issues, agree between 
 themselves, or determine by arbitration, {y) as to the propor- 
 tion of the debt of the village to be borne by them respectively, 
 and as to the assets, or proportion of the assets, of the said 
 village which the municipalities shall respectively receive, 
 and the mxinicipalities shall respectively be liable for the pro- 
 portion of indebtedness as determined by the agreement or 
 award. 
 
 (3) If the award or agi'eement instead of stating the pi'o- 
 portion of the debt to be borne as aforesaid, states the shares 
 80 to be borne in sums of money, then the fraction which is 
 formed by taking the sum named as the amount to be borne 
 by any municipality as the numex*ator, and the aggregate of 
 the sums named as the amounts to bo borne by the said 
 municipalities as the denominatoi', shall be the propoi*tion of 
 the entire debt to be borne by such municipality, whether or- 
 not the debt is accurately stated in the agreement or award. 
 
 (4) It may be part of the arranjp,ement between the vil- 
 lage and the municipality or municipalities that the village 
 shall, for a time, be charged with a special rate, or that it 
 shall be I'elieved of any rate, or part of a rate, imposed upon 
 the rest of the municipality with which the village, or part 
 of it, is to be united. 
 
 (5) In case the municipalities proposing to receive parts of 
 the territory comprised in tlie village are in different coun- 
 ties, the provisions of this section may be acted upon with 
 the assent (declared by resolution) of the councils, and unlesH 
 such councils have previously agreed, or shall within three 
 months of the issue of a proclamation under this section 
 
 (a;) By 8ub-H. 5 provision ia made for annexation to luunicipnlitics 
 in different counties. 
 
 [y) See sec, 385 et seq. 
 
 21 
 
 ill 
 
 
 *:' 
 
 ;iB 
 
 
 
23 
 
 THE UUNICIPAL MANUAL. 
 
 [8. 16, (5). 
 
 I 
 
 -■I 
 
 III 
 
 agree, as to the proportions in which the share of the county 
 debt, which is referable to such village, shall be borne by the 
 several counties, the same shall be deternuned by arbitration 
 under this Act. (z) 
 
 (G) Where part of the village is to be attached to a city 
 or town separated from the county for municipal ])urposes, 
 such separated city or town shall be deemed .'\ county within 
 tiie meaning of the next preceding sub-section, (a) 46 V. c. 
 18, s. 16. 
 
 Setting apart jy, — ^j) When any unincorporated village or settlement 
 rated vii- and its immediate neighbourhood lies wholly within the 
 iages. limits of a township, and when the residences of its inhabi- 
 
 tants are sufficiently near to each other, in the opinion of the 
 council of such township municipality, to render the same 
 desirable, the council of the township in which the same are 
 situate may, on the petition of a majority of the ratepayers 
 within the area to b*? set off, one-half of whom shall be resi- 
 dent freeholders, by by-law, set the tmincorporated village or 
 .settlement and neighbourhood apart from the remaining por- 
 tion of the township in which the same are situate, and with 
 boundaries to be respectively defined and declared in the 
 by-law, for the purpot;es liweinafter mentioned, (b) 
 
 Jurisdiction (2) All the poweis given to the council of every township 
 continued!' ''Y ^^^^ ^^^ shall lemaiu in force as respects the portion of 
 the township so set apart, and are hereby continued and 
 extejuled to the council of every township wherein the por- 
 tion thereof is so set apart, except so far as the same are or 
 may be inconsistent with the enactments of this section. 
 
 (3) In addition to the powers given to the council of every 
 township by this Act, the council of every township wherein 
 a portion has been set apart under the pi-ovi.sions of this Act, 
 shall have all the rights and powers conferred on the councils of 
 
 Additional 
 powers of 
 townHhi|) 
 couDcilti. 
 
 w 
 
 (z) See sec. .385 et »eq. 
 
 (a) No provision is niiulu for the expenses rendered necessary by 
 the transfur ol' territory from one registry division to another. It is 
 presumed that it v,;.uui be the duty of tlie county or city receiving 
 tuMitional t orritory to pay the cc^ts incurred in making the transfer 
 under the Kegistry Act, Ifev. Stat. c. 114. 
 
 (h) 'I his provision enables a portion of a township to obtain 
 benefits which it could not otherwise obtain M'ithoiit incorporation 
 as a village, and is of use, where inco^ poratiou is not possible. 
 
 ■'•t any 
 coiinc 
 
18.] 
 
 LOCAL IMPROVEMENTS IK TOWNSHIPS. 
 
 23 
 
 cities, towns and incorporated villages by this Ace, as respects 
 such portions as shall be so set apart, and may pass by-laws 
 which shall apply exclusively and only to that portion of the 
 township so set apart for the following purposes : 
 
 (a) To com])el all persons (resident or non-resident liable 
 to statute labour within such prescribed limits, to 
 compound for such labour at any sum not exceed- 
 ing $\ for etch day's labour, and that such sum 
 shall be paid in commutation of such statute labour, 
 anJ for enforcing the payment of such commutation 
 in money injieu of such statute labour, (c) 
 
 (i) For all the purposes specified in sections 612 to 630, 
 both inclusive of this Act. 48 V.fc. 39,!s. 39, (1-3.) 
 
 (4) Whenever in a township two ov more portions thereof 
 shall be so set apart as aforesaid, which shall adjoin, or lie 
 contiguous to each other, the comicil of the townshij) shall 
 have power to pass a by-iaw uniting such sej)arate divisions, 
 so previously set ajtart, into one divisioti, whereupon the 
 cuuncil shall have all the powers over, and relating to the 
 united divisions, as if the whole area embraced within the 
 limits of the several divisions so united had originally been 
 Sft apart under the provisions of this Act in one parcel. 49 
 V. c. 37, s. 36. 
 
 Division II. — Towns a.nd Cities. 
 
 Towns and Cities, how/orvied, ami limifs . aS'ccs. 18-20. 
 Restrictions as to aren of Towns. Sec. 10. 
 Wards, and additions to urea. Sees. 21-23. 
 Annexation of incorporated Vilhujea or Towns to adjacent 
 
 ViUaycs, Towns, or Cities. Sec. 24. 
 Towns, how witJidrawn frota and re-iiuiled to jurisdiction oj 
 
 County. Sees. 25, 2o. 
 
 18- A census of any town or incorporated village, may Connas of 
 at any time be taken under the "uthority of a by-law uf tlie S*'.""'' 
 council thereof, (d) 40 V. c. 18, s. 17. 
 
 (<•) See sec. Ml, suh-ss. 1-8. 
 
 ('/) This luul tlio following sections are designed to facilitate the 
 formation of villages into towns, and towns into cities, whenever 
 the iiopulation i.s sutliciently increiised to admit of the clianges. The 
 census authorized under this section may bo taken "a« any time." 
 
 
 
34 
 
 THE JIUNICIPAL MANUAL. 
 
 fs 19. 
 
 
 Town con- 
 taining oTor 
 15,000 
 inhabitants 
 may be 
 eructed into 
 a city ; and 
 village con- 
 taining over 
 2,000 into a 
 town. 
 
 Notice 
 
 to be given, 
 
 19. In case it appeal's by the census return taken under 
 such by-law, or iinder any statute, that a town contains 
 over 15,000 inhabitants, the town may be erected into 
 a city ; and in case it appears by the retui*n that an inc<>r- 
 porated vilhige contains over 2,000 inhabitants, the village 
 may be erected into a town ; but the change shall be 
 made by means of and subject to the following proceedings 
 and conditions : — 
 
 1. The council** of the town or village, shall, for three 
 months after the census return, insert a notice in some news- 
 paper published in the town or village, or, if no newspaper 
 is published therein, then the council shall, for three months, 
 post uj) a notice in four of the most public places in the town 
 or village, and insert the same in ix newspaper published in 
 the county town of the county in which the town or village 
 is situate, or if there is no such newspaper, then in the news- 
 papei' published nearest to the said town or village, setting 
 fortli in the notice the intention of the council to ap))ly for 
 the erection of the town into a city, or of the village into 
 a town, and stating the limits intended to be included 
 therein ; (e) 
 
 Census 2. The couucil of the town or village shall cause the 
 
 rurtifliHi aiui census returns to be certified to the Lieutennnt-Governor 
 publication j^ Council, under the signatiu'e of the head of the corpota- 
 
 of noticH ' o I 
 
 proved. tion, and under tlu^ corporate seal, and shall also cause the 
 
 I> 
 ill 
 
 G 
 
 hy 
 
 int 
 
 iti 
 
 con 
 
 wit 
 
 J»a!( 
 
 oft 
 
 the 
 
 in 
 Lieu 
 infio 
 tion. 
 
 20 
 
 town 
 
 adj'.-ic't 
 
 aforesi 
 
 biiildii 
 
 or city 
 
 !iH;ich 
 
 l 
 
 li 
 
 In thi.s respect it ilifl'ers from a census taken under a statute, which 
 is usually re(niiri'il to be taken at fixed periods. If the necessary 
 population 1)u shewn by a census taken under a statute, tlie necessary 
 action as to formation may also be liad. See sec, 19. 8ee also sec. 
 479, subs 13. 
 
 {<•) Two tilings are here to i*e oI)8erved; tirst, tlie contents of tlie 
 notice ; second the moc.3 of publication. The notice should not 
 only set forth the intention of the council to apply for the erection 
 of the village into a town, or of the town into .i city, but state the 
 limits intended to be included therein. The notice should, for throe 
 months after the census return, l)e inserted in some newspaper pub- 
 lished in the village or town. If no such newapapei', the notice 
 sliould be posted up for three months in four of the most pu])Iic 
 places in the village or town, and intierted in a newspajjcr published 
 in the county town, or, if no such n:;w8paper as last mentioned, 
 then in the newspaper published nearest to the village or town. See, 
 t.s to the not ce necessary in the case of the alteraticm of school 
 ■*>-undarie':. :\esH v. SaltjlvH, 13 U. C. Q. B. 408 ; In re. Ley v. Clark, 
 13 U. C. Q. B. 435 ; In re. Taylor v. WeM WiUiamx, .30 U. C. Q. B. 
 34G ; Pa"'rHon v. Hope, 30 U. C. Q. B. 484. See further sec. 293 
 and notes ' hereto. 
 
 ) \ 
 
 returns 
 
 aetMiid, 
 
 I.ist not( 
 
 I'lio cerf 
 
 t'orporat 
 
 ^'o provl 
 
 certnicatf 
 
 '■-ieutenjj 
 
 , (.'/) A 
 Henee tl 
 s«l»aratio| 
 
 (A) .Set 
 
 il) Thfi 
 
 h- the L\ 
 
 0) Seel 
 
 U-) M.J 
 •■'itt' tlieni] 
 
 4 
 
8. 20.] 
 
 EXTENSION OF CITIES OR TOWNS. 
 
 25 
 
 publication aforesaid to be proved to the Lieutenant-Governor 
 in Council ; then, in the case of a village, the Lieutenant- ^""Re may 
 Governor may, by proclamation^ erect the village into a town town bv pro- 
 by a name to be given thereto in the proclamation ; (/) ciancatioD. 
 
 3. In case the application is for the erection of a town Kxisting 
 into a city, the town shall also pay to the county of which f***^,**** ^ 
 it forms part, (g) such portion, if any, of the debts of the in case of a 
 county as may be just, or the council of the town shall ftgree '.^ J," "^^y 
 with the council of the county as to the amount to be so 
 paid, and the periods of payment with interest from the time 
 of the erection of the new city, or in case of disagreement 
 the same shall be determined by arbitration under this Act ; 
 (h) and upon the council proving to the Lieutenant-Governor Town may 
 in Couacil the payment, agreement, or arbitration, then the ^ty ^y pro- 
 Lieutcnant-Governor may, by proclamation, erect the town ciamat ion. 
 into a city, by a name to be given thereto in the proclama- 
 tion. (0 46 V. c. 18, s. 18. 
 
 20- The Lieutenant-Governor may include in the newy^itsof 
 town or city such jiortions of any township or township^»*"«'''»'^^ 
 ailjiicent thereto, and within the limits mentioned in the city, 
 aforesaid notice, (j) as, from the proximity of streets or 
 })uildings, or the probable future exigencies of the new town 
 Of city, the Lieutenant-Governoi- may consider desirable to 
 attach thereto, (k) 46 V. c. 18, s. 19. 
 
 r a 
 
 -^M: 
 
 1^. 
 
 ( /') Two things lire here made necessary ; first, that the <•< usus 
 ntiirns should he certified to the Lieutemuit-iJovernor in C< il ; 
 aefnn<l, that proof of the publication of the notice referred t the 
 lust note shoultl l)e adduced to the Lieutenant-Governor ir. ' acil. 
 Tlu' certificate as to the census must be not only untler the s< r the 
 corporation, but under the signature of the head of the cor] ration. 
 No provision is made as to the mode of proof of notice, wli er by 
 certificate or affidavit ; this is left entirely to the discreti of the 
 bientenant-dovenicr in Council. 
 
 («/) A city, for municipal purposes, becomes a count\ m itself. 
 Hence the necessity for the adjustment of a county debt before a 
 separation takes place. 
 
 (/() See sec. 385 and following sections. 
 
 (/) The power is hero conferred, not only to create a new muni- 
 cipality, but to give it a name. The name can only be changed 
 hy the Legislature. See note e to sec. 5. 
 
 ( /) See note f nupra. 
 
 (k) ISIunicipalitie? lieing localities must have boundarioa t>» sepa- 
 rate them from other similur localities, see '^ote p to sec. 14, and with- 
 
 4 
 
26 
 
 THK MUNICIPAL MANUAL. 
 
 [8. 21. 
 
 I 
 
 ,1 \ 
 
 I 
 
 i 
 
 War.lh 
 
 21. The Lieutenant-Governor may divide the new town 
 or city into wards, witli appropriate names and boundaries, 
 (/) but no town shall have less than three wards, and no 
 ward in such town or city less than 500 inhabitiints. 
 46 V. c. 18, s. 20. 
 
 New diviMon 22. In case two-thirds of the members of tlie council of a 
 cHi""ii!"<i'" pity or. town do, in council, (m) before the Ifith day of 
 towns. JiUy in any year, (n) pa.s8 a resolution affirming the expe- 
 iliency of a new division into wards being made of the city 
 or town, or ot a pait of the same, (o) either within the 
 existing limits or with the addition of any part of the locali- 
 ties adjacent, which, from the proximity of streets or buildings 
 therein, or the probable future exigencies of the city or 
 town, it may seem desirable to add thereto respectively, or 
 the desirability of any addition being made to the limits of 
 the city or town, the Lieutenant-Governor may, by 
 proclamation, divide the city or town or such part thereof 
 into wards, a.s may seem ex))e'.lient, ( p) and may add to the 
 city or 'own a"y part of the ufljaoent township or town- 
 fjl'j')"''"'"!,' ships which the Lieutenant-Governor in Council, on the 
 gro'.Muls aforesaid, considers it desirable to attach theieto on 
 such terms and condition.s as to taxation, or otherwise, as 
 
 2 Joluis. Ch. :VM> , 
 Louis, 29 Mo. .')4:i : 
 V. JJuicawin, 17 N. 
 
 Hi 
 
 (jut express legislative authority, niunicipul couueils have no power 
 to .•ictiMire lands beyond tlieir local limits. i\'orth //i iit/tsfimf v. 
 //f)nj>.sf<(i.il, '2 Wind. 131 ; JJi'/itoii v. Jinkton, 
 h'ilri/ V. /{or/„sfn;\)N. Y. 04; f'/mmh,.rs v, ,S7. 
 'liridi/ \ N^nr Orltaiix, 2 La. An. 8!>7 ; (Jonr.onl 
 II. 4(J6. See fiutlier sees. 282, 490 (57), .'J04 (8). 
 
 (/) See note /< to see. 14. 
 
 (in) 'ri»i.s, it is apprehended, uieaus ainajority of two-tliirds of the 
 mliitlc nunil>er of eouneillors, and not merely two-thinls of a less 
 number present at tike meeting, tliough tlie muni^er present be suiK- 
 oient to form a ('uorum for ordinary business. 
 
 (») It ought t'> be observed that the time is here expressly liniii.. d. 
 If the aet authorized, l>e done after the time limited, it would, it is 
 apprehended, looking at the sulijeot matter of the section, be a 
 nullity. 
 
 (o) A nuinicipal counoil onlinarily does public acts through the 
 instrumentality of a by-law. No l<y-law is, however, here neces 
 sary. A formal resolution is all that is required. One differeaee 
 between a nnuiieipal by-law and a resolution is, that tiie former must 
 hear the corporate seal, and the batter need not do so. (See sec. 288 
 :Uid notes thereto. 
 
 (/y) A change in one or more wards of a city or town, without 
 disturbing the remaining wards, is co: '■emplated. 
 
 S. 
 
 th( 
 
 of 
 
 21. 
 
 t 
 
 4 
 
 •citj 
 for> 
 and 
 or c 
 
 (2.) 
 upon o 
 to the 
 havinr 
 town o 
 
 . (q) Tl 
 t'ties oi 
 Lieutena 
 sary alte 
 toivn or 
 therefore 
 tlie chan 
 publishec 
 r« the pr 
 
 (r) T<nJ 
 county in 
 aniiexatif) 
 of the fort 
 
 (v) Tlu. 
 town whic 
 lage or cit 
 
 (t) See «i 
 
 («) See 
 
8. 24, (2) ] ANNEXATION OF ADJACENT HUNICIPAUTIES. 
 
 27 
 
 the Lieutenant-Governor in Council sees fit, and the council 
 of the city or town may consent to. {q) 46 V. c. 18, s. 
 21. 
 
 23* In case a titict of land so attached to the town or where Und 
 city belonged to another county, the same shall thence- J^^''^^*® 
 forward for all purposes cease to belong to such other county, belonged to 
 and shall belong to the same county as the rest of the town ^untr 
 or city, (r) 46 V. c. 18, s. 22. 
 
 24- — (1) In case the council of any incorpor-ated village Annuxation 
 or town pass a resolution affirniing the expediency of the rot^^vmaie* 
 annexation of such village or town to an adjacent village, or town-" to 
 town or city, and the municipal council of such last mentioned ^is^es, 
 village, town or city, j)ass a similar resolution, and in case the g"|7<Ii'b ' ro- 
 electors of the firat mentioned village or town adopt a by- ciamation. 
 law, to be submitted to them, approving of such annexation, 
 (tr) the Lieutenant-Cxovernor in Council may, by proclamation, 
 annex one municijiality to the other, upon such +ovm8 as may 
 have been agreed upon by the councils, or as '.'. i.avo been 
 determined by arbitration, in case the councils r. iolve to have 
 the terms settled by arbitration, {t) 
 
 (2.) SuViject to any variations made by the terms agreed 
 upon or settled in manner aforesaid, the municipality annexed 
 to the other shall be subject to the provisions of this Act 
 having regard to the annexation of territory to a village, 
 town or city, (u) 
 
 (q) This admits uf tracts of adjacent townahips being added to 
 (.'itiea or towns. It would seem to he in tlie discretion of the 
 Lioutenant-CJovernor to fix or define the wards, or n>ake any neces- 
 sary alterations tlicreiu, but it is probable that the wishes of the 
 town or city council would be complied with by him. It n>ay 
 therefore be important that the resolution should explicitly state 
 the changes or a<l<liti(ms deemed expedient by the council. No 
 published oi- other u«»tice of tiie intended application is roijuired. As 
 to the provisions W eidarging the area of towns. ISee sec. 10. 
 
 (r) Towns and cities, for some pur[Kme8, continue pt '*% of tho 
 lunty in which situate. See sec. i'l. This »n:t 
 
 county in which situate. See sec. tJ'i. This »n:tion provides for the 
 iiniu'xation, for all purposes, of lands detacbeil under the operation 
 of the foregoing section. As to schools see .51 \. c. 28, s. 40. 
 
 (s) The bylaw has to be adopted by the electors of the village or 
 town which by the annexation is merged with the otlier town, vil- 
 lage or city. 
 
 (<) See sec. 385 et aeq, 
 
 (M) See sees. 14, 20, 22. 
 
 temi 
 
28 
 
 THR MUNICIPAL MANUAL. 
 
 [8. 24, (3). 
 
 
 rii 
 
 }p' 
 
 (3. ) 111 case the population admits thereof, the Lieutenant- 
 Governor may, by the same prochimation, erect the village or 
 town to which the addition is made, into a town or city, by a 
 name to be given thereto in the proclamation, and may divide 
 or re-divide the city, town or village into wards. 46 V. c. 
 18, s 23. 
 
 (1.) In cat>e a petition signed by one hundred and fifty 
 qualified municipal electors of any town or incorporated vil- 
 lage, l>e presented to the council of such town or incorporated 
 village ar'king that a by-law be submitted for the annexation 
 of such tovn or incorporated village to an adjacent village, 
 town or ci\.y, either unconditionally or upon such terms aa 
 may be set out in said petition, it shall be the duty of such 
 council to stibmit a by-law for the annexation of the said in- 
 corporaviMl village or town to a vote of the municipal electors 
 of the said town or incorporated village, and sjiid council 
 shall forthwith prepare a by-law directing the submission of 
 the (juestion in accordance with the prayer of the petition, 
 and shiill '>ubmit the same to the said municipal electors for 
 appro\al or oth(M'wis<' within four weeks after the receipt of 
 the petition by the said council. 
 
 (5.) A by-law which is duly carried under the provisions 
 of the last pn^cediiig sub-secuon, by the vote of the municipal 
 electors of aaid town or incorporated village shall, within a 
 reasonable time, but not exceedixig one month thereafter, be 
 adopted l)y said council. 
 
 (6.) Thereupon the council of such adjacent village, town, 
 or city may, by resolution, assent to the annexation of such 
 town or incorporated village aforesaid. 
 
 (7.) In the event of the annexation of any such town or 
 incorporated village as aforesaid having been approved of and 
 assented to in manner hereinbefore provided, the same may 
 be carried into effect by proclamation of the Lieutenant- 
 Governor in Council, as hereinbefore provided, (w) 51 V. c. 
 28, 8. 2. 
 
 Town niny £5. The council of any town may pass a by-law to with- 
 finiwti fmm draw the town from the jurisdiction of the coun'^il of the 
 
 jurimliution 
 
 (v) The lost four sub-sections of this section enable the eLctors to 
 determine the (question of annexation for themselves in case the 
 council does not act. As to the time when incorporation or annexatioa 
 takes effect. See s. 89. 
 
 3. 
 
 of the 
 siial] 
 there 11 
 fiom tl 
 
 4. A 
 of re(}V£ 
 siialJ cea 
 thereaft( 
 
 M See 
 
 (X) The 
 tion to th 
 
 0/) 7'he 
 'cpreseiita 
 
3. 25.] 
 
 WITHDRAWAL OF TOWN PROM COUNTY. 
 
 99 
 
 county within which U»e town is situated, upon obtaining of county by 
 the assent of the electors of the town to the by-law in manner l2'jlti!.")li« 
 provided by this Act, subject to the following provisions and (Utiona. 
 conditions : 
 
 1. After the final passing of the by-law, the amoi'iit which Amount to 
 the town is to pay to the county for the expen<ses of t^e^P''^**'' 
 administration of justice, the use of the gaol, and the erection county 
 and repairs of the registry office, and for providing books J^^^by 
 for the same, and for services for which the county is •tr>»«>n«nt 
 liable, as required by and under the j)rovisions of any Acttion. 
 respecting the registration of instruments relating to lands, 
 
 as well as for the then existing debt of the county, if not 
 mutually agreed upon, shall be asf^ertained by arbiti-ation 
 under this Act ; (iv) and the agreement or award shall distin- 
 guish the amount to l)e annually paid for the said expenses, 
 and for the then debt of the county, and the number of 
 yeai-s the payments for the debt are to be continued j 
 
 2. In adjusting their award, the arbitrators shall, among *'***«'■ *oJ« 
 other things, take into consideration the amoujit previously arbitrators/ 
 paid by the town, or wliich the town is then liable to 
 
 pay, for the construction of roadrt or bridges by the county, 
 without the limits of the town ; and also what the county 
 has ])aid, or is liable to pay, for the construction of roads 
 or bridges within the town ; and they shall also ascer- 
 tain and allow to the town the value oi its interest in all 
 county property, excejjt roads and bridges within the 
 town ; 
 
 3. When the agreement or award has been made, a copy ^^^ •'' 
 
 of the same, and of the bylaw, duly verified by affidavit, award to be 
 shall be transmitted to the Lieutenant-Governor, who shall yeut*!^ *'^' 
 tliereupon issue his proclamation, with<lrawing the town •'^ownor. 
 from the jurisdiction of the council of the county ; (x) uon. 
 
 4. After the prochimation hajs been issued, the offices Btteet of 
 of reeve and deputy reeve or deputy reeves of the town cilSuation. 
 shall cease ; (y) and no by-law of the council of the county 
 thereafter made shall have any force in the town, except so 
 
 (w) See sec. 385 et neq. 
 
 {x) There la no time limited in any year within whieh the applica- 
 tion to the Lieutenant-Governor in to be made. 
 
 (//) Tlie ortiees of reeve and deputy reeve, wore necessury only as 
 representatives of the town in the eounty council. 
 
 ^\ 
 
 ■I '■ 
 
 
30 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 25. 
 
 IS . 
 
 I 
 
 far HS relates to the caro of the court house and gaol, and 
 other county projMjrty in the town ; and the town sliall not 
 thereafter he liable to the county for, or be obliged to pay 
 to the county, or into the county treasury any money for 
 county debts or other purposes, except such sums as may be 
 agreeil upon or awarded as aforesaid ; 
 
 NowsKroe- 5. After the lapse of five years from the time of 
 award after agreement or award, or such sliorter time as may be stated 
 flTe year*, j,^ (;},(, agreement or award, a new agreement or a new award 
 may Ite made, to ascertain the amount to be paid by the town 
 to the county for the expenses of the administration of 
 justice, the use of the gaol, erection and repairs of the 
 registry office or offices, the providing of books for the 
 same, and for services for which the county is liable, as 
 required by and under the provisions of any Act respecting 
 the registration of instruments relating to lands ; (z) 
 
 6. After the withdrawal of a town from the county, all 
 property theretofore owned by the county, except roads and 
 bridges within the town, shall remain the property of the 
 county. 4G V. c. 18, s. 25. 
 
 26. — (1) The council of a town which has withdrawn from 
 a county, or union of counties, may, after the expiration 
 of five years from the withdrawal, jiass a by-law (to be 
 assented to by the electors in manaer provided for by this 
 Act in respect of by-laws for creating debts) to re-unito with 
 such county or union of counties, (a) 
 
 (2.) The by-law shall have no effect unless ratified and 
 confirmed by tlic council of the county or union of counties 
 from which the said town had previously withdrawn, within 
 six months after the passing of the by-law, and un- 
 less the terms and conditions which the town shall pay, jm)'.- 
 
 {z) Most of the services mentioned are county services, in which 
 the town, though witiidrawn from the county, must be continuously 
 interested. But the nature and value of the services may from year to 
 year vary ; hence provision is made for a settlement every five years, 
 unless a shorter time be stated in the agreement or award last 
 made. 
 
 (a) In some cases it has been found that the withdrawal of a town 
 from the jurisdiction of the county in which situate, was not to the 
 pecuniary advantage of the town. But until this provision there 
 could not be a re-union without an Act of Parliament. As to by- 
 laws for creating debts, see sec. 340 et avq. 
 
 Property 
 after with- 
 (Intwal. 
 
 Town may 
 aftor five 
 y'-'iim from 
 withdrawal 
 |)ti88 by-law 
 for re-'uDion 
 with county. 
 
 By-law to 
 liavu no 
 effect until 
 ratified by 
 council of 
 county &c. 
 
 for 
 set 
 
 ( 
 of 1 
 
 d(.'t. 
 
 tow 
 
 by t 
 
 payji 
 
 of tl 
 
 othei 
 
 cons< 
 
 or t( 
 
 as H|i 
 
 dtjf'ini 
 
 after 
 
 tlie Ni 
 
 hy th] 
 
 Arraytii 
 Senior 
 
 27. . 
 
 tovy for. 
 ant-Gov 
 two or n 
 to any ai 
 «» incorj 
 of sucIj c 
 
4. *-'8] 
 
 ATTACIIINO NKW TOWNSHIPS TO COUNTIES. 
 
 ai 
 
 foi'in, or l»e subject to, have been previously agreed upon or 
 settled in manner following, that is to say : — 
 
 (3.) Before the hy-law is confirmed by the council i«ef"r>" 
 of the county, the councils of the town and county shall ufMi'Thl*' 
 dett-rnnno l»y ngreeniont the amounts of the deVits of the "'""""''* "J 
 town and county respectively which shall be paid or borne town nmi 
 by the county after the re-union, or what amount shall be '^^"'j':^,,^^, 
 payable by a special rate to be imposed upon the ratepayers »haii ».«> 
 of the town, over and above all other county rates, and j^n "' ^'"■"' "*' 
 otluM- matters relatiiif» to property, assets, or advantages 
 consequent uj)ou the re-union, and as affecting the county 
 or town respectively, and such other terms or conditions 
 as appear just shail be settled by such agreement ; and in 
 defaidt of such agreement being come to within three months 
 nfter the passing of the by-law by the council of the town, 
 the said matters shall be settled by arbitration, as provided 
 by this Act. (b) 46 V. c. 18, s. 26. 
 
 Division III. — Townsuips. 
 
 Tovnshipft, how attached to other Municipalities. Sec. 27. 
 Whin junior Ton^nship may become a separate Corporation. 
 
 Sees. 28, 29. 
 Arranijemeut of joint assets and debts. Sec. 30. 
 iVew y'onmships, nition of. Sees. 31, 32. 
 Seniority of Tmimships. Sec. 33, , 
 
 E^ect of dissolution of union of Counties or united Touniships 
 
 in different Counties. Sec. 34. 
 
 27. In case a township is laid out by the Crown in terri- ^ 
 tory forming no part of an incorporated county, the Lieuten- ship beyond 
 ant-Governor may, by proclamation, annex the township, or ij,"on)orato(i 
 two or more of such townships lying adjacent to one another, loumy nm.v 
 to any adjacent incorporated county, and erect the same into to a^iounty 
 nn incorporated union of to nshins with aome other township |'y p^'eiama 
 of such county. 46 V. c. 1. 7. 
 
 28- When a junior township of an incorporated union of .'«"io> 
 townships has 100 resident freeholders and householders on lonuining 
 the assessment roll as last finally revised and passed, such town- ]l^lJ^^^' ^^ 
 
 (ft) See sec. 385, et aeq. 
 
 

 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
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 11.25 IIIIII.4 IIIIII.6 
 
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 Photographic 
 
 Sciences 
 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 145S0 
 
 (716) 872-4503 
 
 W"^" 
 
 ■^ 
 

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 o^ 
 
32 THE MUNICIPAL MANUAL. [s. 28. 
 
 may be ship shall, iipon the Ist day of January next after the passing 
 from unfon, ^f the proper by-law in that behalf by the county council, 
 become separted from the union. 46 V. c. 18, s. 28. 
 
 In what 
 case junior 
 township 
 containing 
 5U freehold- 
 ers, &o., but 
 less than 
 100, may be 
 separated 
 from union, 
 
 29. — (1) In case a junior township has at least 50, but less 
 than 100 resident freeholders and householders on the last 
 revised assessment roll, and two-thirds of the resident free- 
 holder and householders of the township petition the council 
 of the county to separate the township from the union to 
 which it belongs, and in case the council considers the town- 
 ship to be so situated, with reference to streams or other 
 natural obstructions, that its inhabitants cannot conveniently 
 be united with the inhabitants of an adjoining township for 
 municipal purposes, the council may, by by-law separate the 
 same from the union ; (c) and the by-law shall name the 
 returning officer who is to hold, and the place for holding, 
 the first election under the same, (d) 
 
 and attached (2.) In case two-thirds of the resident freeholders and 
 T "mmlci" householders of one or more junior townships petition the 
 paiity. council of the county to be separated from the union to 
 which they belong, and to be attached to some other adjoining 
 municipality, and in case the council considers that the 
 interest and convenience of the inhabitants of the township 
 or townships would be promoted thereby, they may, by by- 
 law, separate the township or townships from the union, 
 and attach the same to some other adjoining municipality, (e) 
 46 V. c. 18, s. 29. ' 
 
 ■i '.5 
 
 (c) It is the rule to have at least 100 resident freeholders and 
 householders on the last roll, as finally revised, in order to con- 
 stitute a separate township, and to have townships of a less number 
 of inhabitants united. Sec. 28. This sub-section creates an exemp- 
 tion where the geographical position makes the union incon- 
 venient. 
 
 (d) A separate returning officer is a necessary consequence of a 
 separa.tion. For this reason the by-law which effects the separation 
 must name the returning officer, and appoint the place for holding 
 the first election. The preceding section fixes a time for the se- 
 paration, but by this section the time seems to be left to the determin- 
 ation oi the council. 
 
 (e) This sub-section provides for detaching a township from one 
 union, and annexing it to another township or union where tlie 
 county council upon petition, considers that the interest and 
 
 convenience of the inhabitants would be thereby promoted. 
 
s. 30.] 
 
 DISSOLUTION OP UNION OF TOWNSHIPS. 
 
 33 
 
 ^L 
 
 30. After the dissolution of a union of townships, the DisporiUon 
 following shall be the disposition of the property of the upon'Sfsso- 
 union ; (/) ^n of 
 
 1. The real property of the union situate in the junior R^fti 
 township shall become the property of the junior township ; property. 
 
 2. The real property of the union situate in the remaining 
 township or townships of the union shall be the property of 
 the remaining township or townships ; (g). 
 
 3. The two corporations shall be jointly interested in the other assets, 
 other assets of the union, and the same shall be retained by 
 
 the one, or shall be divided between both, or shall be other- 
 wise disposed of, as they may agree ; (A) 
 
 (/) As to the necessity for such provision as the following in 
 regard to the disposition of property in the event of a division of a 
 municipality, see cases mentioned in note « to sec. 13. 
 
 {(f) The situation of the real property is made to govern its owner- 
 ship. If in the junior township, it becomes the property of the 
 junior township ; if in the remaining township or townships, it 
 becomes the property of such township or townships. This is the 
 rule which was held to apply, by the Supreme Court of New York, 
 to the division of a municipality, in the absence of express provision 
 to the contrary. North Hempstead v. Hempstead, 2 Wend. 109. See 
 further Milwaukee v. Milwaukee, 12 Wis. 93. The situs of real pro- 
 perty, as between municipalities, in the event of a dissolution of the 
 union formerly existing, in general determines its ownership. But, 
 as regards property other than real property, a different rule in ' 
 
 general prevails. See Windham v. Portland, 4 Mass. 384 ; Hartford 
 Bridge v. East Hartford, 16 Conn. 149 ; S. G. 10 How. (U. S.) 511 ; 
 Hampshire v. Franklin, 16 Mass. 75. 
 
 {h) The assets of the union may consist either of real or personal 
 property, or of both. The disposition of the real property is pro- 
 vided for in the preceding subsections. Its situs determines its 
 ownership. But as regards other assets the disposition is necessarily 
 made to depend on the agreement of the townships, unless clothed 
 with a trust of some kind. See North Yarmouth v. Skellings, 45 
 Maine 133 ; Harrison v. Briyeton, 16 Mass. 16 ; Milwaukee v. Mil- 
 waukee, 12 Wis. 93. In the case of the separation of part of a town- 
 ship and its erection into an incorporated village, the liability to 
 assessment in respect of drainage, which had been done under the 
 Ontario Drainage Act on the application of the township, but for 
 which the assessment had not been completed, was held not a matter to 
 be arbitrated upon as being a debt of the township to which the 
 village ought to contribute, each corporation being bound by the Act 
 to raise the amount assessed in respect of such drainage upon the 
 land locally situated within it. fn re Village of Point Edward and 
 Township of Sarnia, 44 U. C. Q. B. 461. A by-law of the 
 county of Oxford granted a bonus of $50,000 to the Port Dover 
 and L. H. R. W. Co., and authorized debentures of the county 
 
 5 
 
 
 .'. 1l. 
 
 w 
 
 i ; 
 
 I r 
 
 i,i 
 
 J^ 
 
 m 
 
34 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 30. 
 
 Arrange- 4. The one shall i)ay or allow to the other, in respect of 
 
 property and the said disposition of the real and personal property of- the 
 debts. union, and in respect of the debts of the union, such sura oi' 
 
 sums of money as may be just ; (i) 
 
 5. In case the councils of the townships do not, within 
 three months after the first meeting of the council of the 
 junior township, agree as to the disposition of the personal 
 property of the union, or as to the sum to be paid by the 
 one to the other, or as to the times of payment thereof, the 
 matters in dispute shall be settled by arbitration under this 
 Act. (j) ' I 
 
 How to b« 
 determined 
 in case of 
 di!<a|in'ee- 
 mcnt. 
 
 to be issued therefor, to be provided for by a rate levied on the town 
 of Woodstock and the township ofXorth Norwich. By 37 V. e. 
 .57, s. 26, it was provided that the company should indemnify the 
 township to the extent of !5ilO,000 against any excess above two- 
 fifths of the said debentures, and should give a bond securinp juch 
 indemnity, which bond had been given. On the separation of tlie 
 village of Norwich from the township of North Norwich, it was held 
 that the liability of the township under this by-law was a debt of the 
 township, and within the powers of the arbitrators under this sec- 
 tion. J?e Totonship of North Norwich' and VUlcuje of Norivich, 44 
 U. C. Q. B. 34. 
 
 (0 An may he just. This has reference to more than a mere equali- 
 zation of the assessment between the different municipalities. In. 
 re Iloioich and Wroxeter., 12 U. C. L. J. N. S. 64. So long as tlie 
 townships remain united, they constitute one municfpality, as much 
 as the various wards of a city ; but when united townships separate, 
 there are matters which require adjustment, according to what is 
 right and fair, between the parties. The division of the property 
 and settlement of liabilities are in the first instance, if possible, 
 to be determined by mutual agreement. On the separation of 
 three townships into two municipalities, the two corporations 
 executed an instrument whereby one agreed to pay to the other 
 a certain sum as soon as certain non-resident rcates theretofore im- 
 posed should become available. It was subsequently discovered that 
 these rates liad been illegally imposed, and that the supposed fund 
 would never be available. Its supposed existence had been an ele- 
 ment in determining the amount to be paid. It was held that the 
 corporation to which the money was made payalile was not entitled 
 to liave tlie agreement reformed so as to make the money payable 
 by the other absolutely. Arran v. Amabel, 17 (irant 163, reversing 
 .S'. C, 15 Grant 701. 
 
 (j) So far as the Act directs a distribution of property, the Act 
 must be followed. The corporations cannot of themselves make cin 
 arrangement contrary to the Act, but where the Act is silent as to 
 the particular division of property or adjustment of assets, it is in 
 the power of the corporation, by amicable arrangement or through 
 the medium of an arbitration, to adjust the same. See Wellington v. 
 Wilmot, 17 U. C. Q. B. 71. The duty of the arbitrators is to ascer- 
 
 ^1^ 
 
 /.ia MW" ' ■ 
 

 32.] 
 
 UNION OF NEW TOWNSHIPS. 
 
 35 
 
 6 The amount so agreed upon or settled shall bear interest Amount 
 from the day on which the union was dissolved ; and shall be boar^ 
 provided for by the council of the indebted township like interest, 
 other debts ; (k) 46 V. c. 18, s. 30. 
 
 31. In case a township is laid out by the Crown in an New town. 
 Incorporated county ot union of counties, or in case there witun tiie 
 is any township therein not incorporated and not belonging ,"'^rporated 
 to an incorporated union of townships ; the council of the counties, to 
 county or united counties shall, by by-law, unite such adjaTOnt*^ '" 
 townships for municipal purposes, to some adjacent incor- to'^J'ships, 
 porated township or union of townships in the sanie county 
 
 or union of counties. (I) 46 V. c. 18, s. 31. 
 
 32. In case of there being at any time in an incorporated no^^corpV 
 county or union of counties two or more adjacent town- rated or 
 ships not incorporated, and not belonging to an incorporated "^ formed^ 
 union of townships ; and in case such adjacent townships '"to unions, 
 have together not less than 100 resident freeholders 
 
 and householders within the same, the council of the county 
 or union of counties may, by by-law, form such townships 
 into an independent union of townships, (m) 46 V. c. 18, 
 s. 32. 
 
 tain the assets of the union, real and personal ; dispose of the per- 
 sonal property as may be just ; make proper allowance for the real 
 estate to the township deprived of it by the separatJbn, and for the 
 personal property assigned to either municipality in excess of its 
 share ; and ascertain and apportion the liabilities. They should con- 
 sider the value of the real property of the union in each township as 
 an asset and what allowance, if any, should be made by the township 
 retaining it under the statute to the separating township. In re the 
 township of Albemarle, and the United Townships of Eastnor, Lindsay, 
 and St. Edmonds. 4.5 U. C. Q. B. 133. 
 
 (k) In the absence of an agreement to the contrary, the rate of in- 
 terest would be six percent, per annum. See sec. 2 of K. S. C. c. 127. 
 This is also the rate of interest to be paid when a balance is found 
 due by one county to another after a separation. See sec. 45. 
 
 (/) There are in some counties tracts of land not surveyed or laid 
 out in townships, and this section requires the county council of 
 any such county to unite new townships when laid out with some 
 adjacent township or townships, in order that the inhabitants may 
 at once enjoy municipal rights and be subject to municipal liabilities. 
 See note k to sec. 20. This provision is made in lieu of an Act of 
 Parliament, which would be otherwise necessary in such a case. 
 
 (m) Under this section unions may be formed of two or more new 
 townships, instead of annexing them to old townships, This can, 
 only be done when the joint population of resident freeholders and 
 householders is not less in number than 100. 
 
36 
 
 THE MUNICIPAL MANUAL. 
 
 Ls. 33. 
 
 Seniority of 
 united town- 
 shipi, how 
 regulated. 
 
 Effector 
 (lisBolution 
 of union of 
 counties 
 on united 
 townships 
 in different 
 ' counties. 
 
 New coun- 
 ties how 
 .formed by 
 proclama- 
 tion, and 
 annexed or 
 united. 
 
 33. Every proclamation or by-law forming a union of 
 townships shall designate the order of s-jniority of the 
 townships so united ; and the townships of the union shall 
 be classed in the by-law according to the relative number of 
 freeholders and householders on the last revised assessment 
 roll ; or if there be no such revised assessment roll for any 
 of such townships, then the order of seniority shall be de- 
 termined by the proclamation or by-law, as the Lieutenant- 
 Governor or county council may think fit. 46 V. c. 18, s. 33, 
 
 34. In case the united townships are in different counties 
 the by-law shall cease to be in force whenever the union of 
 the counties is dissolved, (w) 46 V. c. 18, s. 34. 
 
 Division IV.— Counties. 
 
 Counties, how formed. Sec. 35. 
 Seniority of United Counties. Sec. 36. 
 Laws ajjplicahle to union of counties. Sec. 37. 
 
 35. The Lieutenant-Governor may, by proclamation, form 
 into a new county any new townships not within the limits 
 of an incorporated county, and may include in the new county 
 one or more unincorporated townships or other adjacent 
 unorganized territory (defining the limits thereof) not being 
 within an incorporated county, (o) and may annex the new 
 county to any adjacent incorporated county ; (p) or in case 
 
 {ii) No case can arise under this section, unless the union has 
 been made by the council of united counties of towmhips in 
 difiPerent counties of the union. When this has been done, and 
 the counties afterwards become separated, provision is made for the 
 separation of the united townships. The fact that the by-law is 
 in such an event to "cease to be in force," restores the townships to 
 the situation, as near as may be, in which they were before the 
 by-law passed. 
 
 (o) The provisions of this section were originally taken from sec. 
 .35 of Con. Stat. U. C. cap. 54. They facilitate the formation of 
 counties and unions of counties in newly organized tracts of land, 
 without the necessity of legislative intervention. 
 
 'p) In the event of annexation, it is presumed that the inhabitants 
 of the part annexed would become subject to the liabilities, if auy, of 
 the county to which annexed. See Powers v. W ood County, 8 Ohio 
 St. 285 ; Layton v. New Orltann, 12 La. An. 515 ; Amoult v. Ntic 
 •Orkans, 11 La. An. 54 ; Gorham v. Sprimjfield, 21 Maine 58 ; St. Louis 
 
 1 1'* '■ 
 

 s. 37.] 
 
 UNION OP COUNTIES. 
 
 37 
 
 there is no adjacent incorporated county, or in case the 
 Lieutenant-Governor in ^Council considei-s the new county, 
 or any number of such new counties lying adjacent to one 
 another, and not belonging to any incorporated union, so 
 situated that the inhabitants caunot conveniently be united 
 with the inhabitants of an adjoining incorpoi'ated county for 
 municipal purposes, the Lieutenant-Governor may, by the 
 proclamation, erect the new county, or new adjacent coun- 
 ties, into an independent county or union of counties for 
 the said purposes, and the proclamation shall name the new 
 county or counties, (q) 46 V. c, 18, s. 35. 
 
 36. In every union of counties, the county in which the Seniwity of 
 county court house and gaol are situate shall be the senior tieg, how 
 county, and the other county or counties of the union shall "K"'****"- 
 be the junior county or counties thereof, (r) 46 V. c. 18, 
 
 s. 36. 
 
 37. During the vinion of counties, all laws applicable* to ^^^^ •pp"- 
 counties (except as to representation in Parliament or the union of 
 Legislative Assembly and registration of titles) shall api>ly to *'**'*°*'®^' 
 th^ union as if the same formed but one county, (s) 46 V. 
 
 c. 18, s. 37. 
 
 ! . I, 
 
 *r 
 
 ^' 
 
 Division V. — Provisional County Corpokations. , 
 
 Provisioned Corporations, formed hy separation of Junior 
 
 County. Sec. 38. 
 Provisional officers. Sees. 39, 40. 
 Property may be acquired on tvhich to erect Gaol and Court 
 
 House. Sec. 41. 
 Powers of Provisional Council not to interfere vrith United 
 
 Corporation. Sec. 42. 
 
 V. Alleti, 13 Mo. 400; Railroad Co. v. Spearman, 12 Iowa 112; 
 fra(/e v. Richmond, 18 Gratt. (Va.) 583; Nori'v* v. Mayor Ac, 1 
 Swan (Tenn.) 164 ; Ehton v. Craiofordaville, 20 Ind. 272 ; Girard v. 
 Philadelphia, 7 Wall. 1 ; Blanchard v. Bissell, 11 Ohio St. 96 ; 
 Reg. V. Local Government Board, L. R. 8 Q. B. 227. 
 
 (q) See note e to sec. 5. 
 
 (r) There la not only seniority among united townships, but 
 geniority among united counties. While, among the former, seniority 
 as a rule is to be determined by population, (sec. 33), amon^ the latter, 
 it is to be determined by the situation of the couit house .md gaol. 
 
 («) Improvements, however, may, under certain circumstances, 
 be made by either county separately. See sees. 515 et ueq. 
 
M 
 
 if 
 
 38 
 
 THE MUNICIPAL MUNUAL. 
 
 [Si 38. 
 
 Arrangement of joint assets and liabilities. 
 Appointment of officials. Sec. 46. . 
 Separation, when complete. Sees. 47, 48. 
 Effect of separation on judicial proceedings. 
 
 Sees. 43-45. 
 
 Sees. 49-52. 
 
 Hoparation 
 of united 
 
 COUP ties. 
 
 Appoint- 
 ment by pro- 
 clamation of 
 provisional 
 council in 
 junior 
 county. 
 
 First meet- 
 ing thereof. 
 
 County town 
 
 AVhoto 
 preside. 
 
 38. Where the census returns taken under a statute, or 
 under the authority of a by-law of the council of any united 
 counties, shew that the junior county of the union contains 
 1 7,000 inhabitants or more, then if a majority of the reeves 
 and deputy reeves of such county do, in the month of 
 February, pass a resolution affirming the expediency of the 
 county being separated from the union; and if, in the month 
 of February in the following year, a majority of the reeves 
 and deputy reeves transmit to the Lieutenant-Governor in 
 Council a petition for the separation, and if the Lieutenant- 
 Governor deems the circumstances of the junior county such 
 as to call for a separate establishment of Courts and other 
 county institutions, he may, by proclamation setting forth 
 those facts, constitute the reeves and deputy reeves in that 
 county a provisional council, and in the proclamation appoint 
 a time and place for the first meeting of the council, and 
 therein name one of its members to preside at the meeting, 
 and also therein determine the place for and the name of 
 the county town. (<) 46 V. c. 18, s. 38. 
 
 39. The member so appointed shall preside in the council 
 until a provisional warden has been elected by the council 
 from among the members thereof, (u) 46 V. c. 18, s. 39. 
 
 mei't'"f' ^^' Every provisional council shall from time to time by 
 
 pronsionai by-law appoint a j)rovi8ional warden, a pi'ovisional treasurer 
 
 oth'e^r^" """^ and such other provisional officers for the county as the 
 
 officers. council deems necessary. The provisional warden shall 
 
 Terms of hold office for the municipal year for which he is elected, and 
 
 office. 
 
 (t) The provisions of this section are designed to prevent the 
 necessity of special legislation. The reeves and deputy reeves of 
 the several municipalities within the junior county are ex officio mem- 
 bers of the provisional council. Sec. 7*2. 
 
 (u) The new council demands the appointment of a new presiding 
 .* officer. The proper officer to prt^side over a county council is the 
 
 warden. But temporary provision is needed for the appointment of 
 an officer to preside at the election of warden. The next section 
 provides for the election of warden and other provisional 
 officers. 
 
 be charged with s. 
 value of the real ei 
 
'if:.i 1 
 
 43.] 
 
 PROVISIONAL COUNTY CORPORATIONS. 
 
 39 
 
 the treasurer (v) and other officers so appointed shall hold 
 oliice until removed by the council. 46 V. c. 18, s. 40. 
 
 41. Every provisioijjil council may acquire the necessary ProTisionai 
 property at the county town of the junior county on which arqui're mmi 
 to erect a court house and gaol, and may erect a court house ^"'* "'"'"'* 
 aiul gaol thereon, adapted to the wants of the county, and khoI and 
 
 in conformity with any statutory or other rules and regula- "°""''°"*®* 
 Intions respecting such buildings, and may pass by-laws for 
 such purposes, i^w) 46 V. c. 18, s, 41. 
 
 42. The powers of a provisional council shall not interfere iinxpectivo 
 with the powers of the council of the union, and any money p^^yuJonai 
 raised by the provisional council in the junior county shall council and 
 be independent of the money raised therein by the council of union. 
 
 the union, (a;) '•G V. c. 18, s. 42. 
 
 43. After !„ provisional council has procured the necessary 
 luoporty, and erected thereon the proper buildings for a 
 court house and gaol, such council, and the council of the 
 senior or remaining counties, may enter into an agreemeut 
 for the settlement of their joint liabilities and the disposition 
 of their joint assets (other than real estate), and for deter- 
 mining the balance or amount that may be due by the one 
 county to the other, and the times of payment thereof ; and 
 ill determining the balance the senior or remaining counties 
 shall assume the debts of the union, and the junior covmty 
 be charged with such part thereof as may be just, and the 
 value of the real estate, which, upon the separation, becomes 
 
 Agreement 
 upon dijiBO- 
 lutlon as to 
 joint liabili' 
 tien and joint 
 assess. 
 
 Senior 
 county to 
 nHBume 
 debtx of 
 union. 
 Junior 
 county to be 
 cliarged 
 with just 
 proportion. 
 
 {v) The obligation of a provisional treasurer or his sureties would 
 not appear to extend beyond tlie duration of the existence of the 
 provisional council vvliose moneys he is to receive and for wliich he is 
 to account. Ontario v. Paxton, 27 U. C. C. P. 104. 
 
 (w) These powers should be exercised by by-law, and are confined 
 to the aquisition of such property as may be ntctx-iarij for the purposes 
 mentioned. See Bank of MkhUjan v. Nilefs, 1 Doug. (Mich. ) 401; 
 mate. Bank v. Brackenrkhje, 7 Blackf. (Ind.) 395. As to coustruction 
 ami repairs of gaols and court houses. See R. S.JO. c. 250, ss. 22, 26, 
 
 [x] Each council is intended to govern a diflferent body of rate- 
 payers. It is only right, therefore, that the powers of the one should 
 not needlessly interfere with tlie powers of the other. But until the 
 provisional council becomes a permanent council, the ratepayers of 
 the provisional county must, for some purposes, remain subject to 
 the powers of the council of the union. Money, however, raised by 
 the provisional council is declared by this section to be independent 
 of the money raised therein by the council of the union. 
 
40 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 43. 
 
 R 
 
 In case of 
 dlsagroe- 
 ment, dis- 
 putes to bo 
 <let«riiiincd 
 by arbitra- 
 tion, 
 
 Payment of 
 amounts 
 found due. 
 
 the property of the senior or junior county respectively, and 
 any improvement etfected by the union which either county 
 gets the exchisive benefit of, sliall also be taken into account 
 {y). 4G V. c. 18, 8. 43. 
 
 Whan 44. No member of the provisional council shall vote or 
 
 counciUoM ^^^ V^^^ "' ^''® council of the union on any question atiecting 
 
 shall not such agreement, or the negotiation therefor, (z) 46 V. c. 18. 
 
 '"*" 8. 44. 
 
 45. In case the coiincils, within one month after tlie 
 period mentioned in section 43, are unable to determine by 
 agreement the several matters hereinbefore mentioned with 
 re8i)ect to their debts, assets and proi)erty, such matters slmll 
 be settled between them by arbitration under this Act, [a) 
 and the county found liable shall pay to the other county 
 the balance or amount agreed or settled to be due by such 
 county, and such amount shall bear interest at six per centum 
 per annum from the day on which the union is dissolved, and 
 shall be provided for, like other debts, by the council of the 
 county liable therefor after separation. (6) 4G V. c. 18, s. 45. 
 
 46. After the sum, if any, to be paid by the junior county 
 to the senior or I'emaining county or counties has been paid 
 or ascertained by agreement or arbitration, a Judge may be 
 appointed as provided by The British North America Act, 
 1867, and the Lieutenant-Governor, or the Lieutenaut- 
 
 (ij) It is necessary that the gaol and court house should be 
 erected before an agreement respecting the debts of the union is 
 entered into, and then, and not till then, the county about to be 
 separated is to arrange with the remaining county or counties for a 
 due proportion of the joint debts. See sec. 30 and notes thereto. 
 In case the councils do not agree as to the amount or periods of pay- 
 ment, they are to arbitrate. See sec. .385, et aeq. 
 
 {z) The reason of the prohibition is plain. Though the members 
 of the provisional council are also members of the council of the 
 union, yet in this negotiation the matter lies between the pro- 
 visional council on the one hand, and the council of the union on the 
 other. And the provisional council being for this purpose an inde- 
 pendent and interested body, it follows that the interest of the union, 
 which is virtually the interest of the senior or remaining county 
 or counties, should be protected by the councillors of the senior or 
 remaining county or counties. 
 
 (a) See sec. 385 et seq. 
 
 (h) The rate of interest is here named, and not left to inference, 
 as under sec. .30, sub-sec. 6, in the case of the separation of united 
 townships. 
 
 Appoint- 
 ment of 
 sheriff and 
 other 
 nfflciuls. 
 
g 47.] DIVISION OP PROPERTY ON DISSOLUTION OF UNION. 41 
 
 Governor in Council, as the case may be, shall apjjoint a 
 glioriff, one or more coroners, a clerk of the peace, a clerk 
 ot" the County Court, a registrar, and at least twelve Jus- 
 tices of the l*eace, (c) and shall provide, in the commission or 
 coiiiinissions, that the appointments are to take effect on the 
 (lay the counties become disunited. 46 V. c. 18, s. 46. 
 
 47. After such appointments are made, the Lieutenant- *■'«»»' 
 Governor shall, by proclamation, separate the junior county unuod coun- 
 froin the senior or remaining county or counties, and shall ^^l^^^^}^^°' 
 declare such separation to take effect on the 1st day of 
 Jmuiary next after the end of three months from the date 
 of the proclamation ; and on that day the Courts and officers 
 of the union (including Justices of the Peace) shall cease 
 to have any jurisdiction in the junior county ; (d) and the 
 real proi)evty of the corporation of the union situate in 
 the junior county shall become the property of the corpora- Property. 
 tioii of the junior county, and the real i)roperty situate in^jVideJ. 
 tilt! remaining county or united counties shall be the property 
 of the corporation of the remaining county or united ■ 
 
 (c) Judges are appointed under the B. N. A, Act by the Govern- 
 ment of Canada. The other ofiicials mentioned, aa also, Police 
 Mivijistrates, are appointed by the Provincial Government. Jieg. v. 
 'bA 24 U. C. L. J. N. S. 188. 
 
 {tl) A commission granted to a person to take recognizan^s of 
 l)ail, &c., within the Gore District, was held not to empower him to 
 t;ike recognizances of bail in the county of Brant after its separation 
 from the Gore District. Carter v. Sullivan, 4 IT. C. C. P. 298. But 
 where the commission was granted for the Midland District, which 
 iiichuled the county of Prince Edward and the united counties of 
 Frontenac, Lennox and Addington, it was held thit the commissioner 
 resident in Frontenac, Lennox and Addington, after the separation 
 of Prince Edward, had authority still to administer affidavits, as in 
 the united counties. Mc Whirfer v. Corhett, 4 U. C. C. P. 203. See 
 also Glick v. Davidnon, 15 U. C. Q. B. 591 ; Fleming v. McNanghton, 
 16 U. C. Q. B. 194. It has been held that before the passing of 
 32 Vict. c. 36, sec. 132, sub-sec. 2, Ont., the treasurer of the senior 
 county had no power to sell lands situate in the junior county for 
 arrears of taxes due to the union before the separation. Canada 
 P. Bnildinq Society v. Agneto, 23 U. C. C. P. 200. By Imp. Stat. 2 & 
 3 Will. IV". c. 64, Sch. O. 30, Clifton was made part of the Parlia- 
 mentary Borough of Bristol, which is a county in itself. Except so far 
 as that Act operated, Clifton was in the county of Gloucester, Held, 
 that after the passing of the Municipal Corporations Act, 5 & 6 
 Will. IV. c. 76, sees. 7, 8, the Gloucester Justices had no longer the 
 power to make an order diverting a footway in Clifton. Rex v. Jtis- 
 tmofOhw-i'stershirp, i-A. & E. 680. See further 77k? People v. 
 J/ot/?, 21 Wend. 563 ; The State v. Hartihorn, 17 Ohio 135; The 
 State V. Jacobs, lb. 143. 
 
 6 . 
 
42 
 
 TIIK MUNICIPAL MANUAL. 
 
 [*. 47. 
 
 OfflcvrN 1111(1 
 proporl), 
 &c., con- 
 tinued. 
 
 Delivery of 
 bookH to 
 Treasurer. 
 
 countieH ; («) Hiid tlie other ussetH, belonging to the corpoiii. 
 tion of the uniuu, shall belong to and be the propei'ty of the 
 senior or junior county, or union of counties respectively, 
 as agreed upon at the separation ; {/) and, if not otherwise 
 disposed of by agreement or arbitration, they shall belong to 
 iind be the property of the senior county, or union of coun- 
 ties ; {y) and in the case of choseu in action, they may \w, 
 recovered in an action, or other proceeding instituted or 
 commenced in the name of the senior county or uniuu of 
 counties, {h) 46 V. c. 18, s. 47. 
 
 48 — (1) When a junior county is separated from a union of 
 counties, the head and members of the provisional council 
 of the junior county, and the otticers, by-laws, contracts 
 projierty, assets and liabilities of the provisional corporation, 
 shall be the head and members of the council, and the 
 officers, by-laws, contracts, property, a.sset8, and liabilities of 
 the new corporation. {%) 46 V. c. 18, s. 48. 
 
 (2) The treasurer of the senior county shall upon being 
 requested so to do, deliver to the treasurer of the new county 
 the books relating to the municipalities within the new county 
 required to l)e kept under section 162 of The Assessment Act 
 51 V. c. 28, s. 3. 
 
 49 — (1) The dissolution of a union of counties shall not pre- 
 vent the sheriff of any senior county from proceeding U|)oii 
 
 Execution 
 nnd service 
 
 hanurof and completing the execution or service within the junior 
 
 time of"* county of any writ of mesne or final process in his hands 
 
 separation, jit the time of sucli separation, or of any renewal thereof, 
 
 <»r of any subsequent or supplementary writ in the same 
 
 (e) See note (j to sec. 30. , 
 
 (/) See note h to sec. 30. " , , , 
 
 (f/) See note j to sec. .30. 
 
 (/t) A chose in action formerly was not assignable so as to give a 
 right to the assignee to sue in a Court of Law. But the rule was 
 iliflerent in Courts of Equity. See now Rev. Stat. c. 122, s. 6, et »eq, 
 
 (i) The reeves and deputy reeves of a junior county may, under j 
 sec. 38, be constituted a provisional council, with power, under sec, I 
 40, to appomt proNnsional officers, and, under sec. 47, such jtininr j 
 county may, be separated from the union. It is enacted by this! 
 section that the head and members of the provisional council of the] 
 junior county, and the officers, &c., of the provisional corporation,] 
 fihall be the head, &c., and the officers, &c., of the council and of thej 
 new corporation. See note v to sec. 40. 
 
», 49 (4.)] 
 
 EXEn 'ON OP WRITS ( *I DISSOLUTION OP UNION. 
 
 rause ; or in the case of executions against lands from exe- 
 cuting all necessary deeds and conveyances relating to the 
 game, and the acts of all such Hheriffs in that behalf shall be 
 tiiul be held and construed to be legal and valid in the same 
 luiititier and to the same extent as if no separation had taken 
 plttce, but no further, (j) 46 V. c. 18, s. 49. 
 
 (2) ThiH section shall not be held to authorize the sheriflf of J,"^7,J^" 
 the senior county to execute within the new county any writ 
 
 which is not in his hands at the time the dissolution takes 
 effect, unless such writ de[)ends for its priority upon a former 
 wiit executed by such sherifi or in his hands at the said time. 
 
 (3) All actions and proceedings in any CQurt which may be ^*y^^°* 
 i)ending at the date the establishment ot the new county takes 
 effect, may be prosecuted, continued, and completed, and all 
 
 writs of execution and other processes, and all acts and pro- 
 ceedings subsequent thereto, may, (siibject to any order to the 
 contrary being made), be taken, issued, and had in the county 
 in which such actions and proceedings were originally com- 
 menced as fully and effectually as if the junior county had not \ 
 been separated from the senior county ; and subject to the pro- 
 visions of the next sub-section, no writ or other process or 
 proceeding shall lose its priority by reason of no entry thei'eof 
 appearing or being in the proper office in that behalf in the 
 new county ; and all officers who would have had power or 
 authority to execute such writ, process or proceedings, if the 
 new county had not been formed, shall, for the purpose of all 
 pending suits, actions and proceedings, have the same power 
 and authority in respect of the same as if the dissolution had 
 not taken place. 
 
 (4) No unsatisfied writ against lands or goods in the hands SSi"*'" "writs 
 of the sheriff of the union on the day the dissolution takes in hands of 
 effect shall bind lands or goods situate within the limits of the time of * 
 new county, or have any effect upon such lands or goods d'ssoi"*'""' 
 after one year from the said day, unless the person entitled 
 
 to the benefit of such unsatisfied writ, before the expiration 
 of the said year shall have placed a writ against lands or goods 
 (as the case may require) in the hands of the sheriff of the 
 
 \ 
 
 (j) This section is intended to prevent difficulties such as presented 
 themselves in Rons v. Farewell, 5 U. C. C. P. 101. , See also Rev. 
 Stat. c. 16, 8. 44. As to the steps to be taken to preserve priority 
 as respects goods and lands in the new county. See sub-sec. 4 of this 
 
 section. 
 
 1 1' 
 
 i*' 
 
 it 
 
 P'lt; 
 
 f»a 
 
 I'l: 
 
 4 l.'i 
 
> 1 
 
 i 
 
 II 
 
 M 
 
 -mi 
 
 ?!0 ... 
 
 i|" " 
 
 Division 
 Courts. 
 
 44 THE MUNICIPAL MANUAL. [s. 49, (4). 
 
 new county, indorsed with a notice that priority is claimed by 
 virtue of this Act, in which case his writ in the hands of the 
 sheriff of the senior county, if it, at the said time, did bind 
 lands or goods within the territory included in the new county 
 shall continue to bind such lands or goods and shall retain its 
 priority so long as such indorsed writ remains in force • 
 provided such person shall not in the meantime have permitted 
 his writ in the hands of the sheriff of the senior county to 
 expire, or shall not have othei'wise lost his priority. 
 
 (5) The Lieutenant-Governor may, in the proclamation 
 establishing the new county, or in a subsequent proclamation 
 fix and determine the number, limits and extent of the Division 
 Courts for the n^w county, to take effect from a day to be 
 named, subject to be thereafter altered under the provisions of 
 The Division Courts' Act, (k) and may by such proclamation 
 direct that suits anr? proceedings which at the said day are 
 pending or being in any Division Court therein specified, shall 
 become suits or proceedings of any other Division Court 
 therein specified, and thereuijon such suits or proceedaif^ 
 may be continued in such last mentioned Court as if they 
 had been commenced therein. 
 
 Chattel (^) "^^^ chattel mortgages relating to property within any 
 
 mortgages, of the townships, cities, towns or incoi'porated villages forniiua 
 the new county, at the date the proclamation takes effect 
 shall until their renewal becomes necessary to maintain their 
 force against creditors (l) continue to be as valid and eftectual 
 in all respects as they would have been if the new county 
 had not been formed, but in the event of a renewal of aiiv 
 such chattel mortgage after the date the proclamation takes 
 effect, the renewal shall be filed in the proper office in that 
 behalf in the new county as if the mortgage had originally 
 been filed therein, together with a certified copy under the 
 hand of the clerk and seal of the County Court, and no chat- 
 tel mortgage in force at the said date shall lose its priority 
 by reason of its nob being filed in the new county prior to its 
 renewal. 51 V. c. 28, s. 4. 
 
 ciiange of 60. If upon a dissolution of a union of counties, there l 
 place of trial ig pending an action, or other civil proceeding in which the; 
 &c., after ' county town of the union has been named as the place of j 
 
 separation. 
 
 {k) See Rev. Stat. c. 51, sees, 13, 15. 
 (I) See Rev. Stat. c. 125, sec. 11, et seq. 
 
 Division VI. — M>( 
 
g 53.] BY-LAWS ON FORMATION OF NEW CORPORATIONS. 45 
 
 trial, the court in which the action or proceeding is pen- 
 ding, or any Judge who has authority to make orders therein, 
 may, by consent of parties, or on hearing the parties upon 
 affidavit, order the place of trial to be changed, and all 
 records and papers to be transsmitted to the proper officers of 
 the new county, (m) 46 V. c. 18, s. 50. 
 
 51. In case no such change is directed, all such actions i* no order 
 and other civil proceedings shall be carried on and tried in ^owetoig's* 
 the senior county, (n) 46 V. c. 18, s. 51. to be carried 
 
 52. All Courts of the junior county required to be held at Place for 
 
 a place certain, shall be held in the county town of the junior coi^fn 
 
 pountv. (c) 46 V. c. 18, s. 52. junior 
 
 ^" •' ^ ' county. 
 
 li ' "it 
 
 Division VI. — Matters Consequent upon the Formation 
 OF New Corporations. • . 
 
 Bij-laivs to contimie in force. Sees. 53, 54. 
 Debts and Liabilities, hoio affected. Sees. 55-59. 
 OMcials and their Sureties, how affected. Sees. 60-63. 
 
 53. In case a village is incoi-porated, or village or town By-iawB in 
 (with or without additional area) erected into a town or to formation 
 eity, or a township or county becomes separated, the by-laws po"atiionto 
 jinforoe therein respectively shall continue in force until continue in 
 repealed or altered by the council of the new corporation ; (jj) aitOTed"by 
 
 ' ; 
 
 (ih) The (lissohition should not afifect pending proceedings. But 
 I where it is for the convenience of the parties that the place of trial 
 
 should be changed to the new county, a discretionary power to order 
 [the change is vested in the Court or a Judge. The change may 
 1 be by consent or without consent, on a proper case shewn by affi- 
 Ijavit. 
 
 (ij) The senior county is that in which the court house and gaol, 
 I tc, are situate. Sec. 36. 
 
 (o) Such as Assizes, Quarter Sessions, County Courts, and Surrogate 
 I Courts. 
 
 {p) The effect of this section is to continue existing by-laws of the 
 Innion in both the senior and junior counties and townships respec- 
 Itively, after a separation, subject to the i;/0wer8 of each independent 
 Icoiincil to repeal or alter the same when the council of the union 
 Ijiight have done so. The council of a municipality has, in general, 
 Ipoivcr to repeal a by-law without reference to the jieople. Jiex v. 
 hmdl, 12 East 22 ; Rex v. Bird, 13 East 367 ; Great We-ttern 
 h W. Co. and NorUi Cayuga, 23 U. C. C. P. 28 ; Bloomer v. Stolky^ 
 
 
46 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 53. 
 
 ! iii: ' i 
 
 council of but no such by-laws shall be repea,hd or altered unless they 
 ratTon?''"* could have been or can be legally I'epealed or altered by the 
 council which passed the same, (q) 46 V. c. 18, s. 53. 
 
 What by- 64. In case an addition is made to the limits of any miuii- 
 
 where limits cipality, the by-la ws of such municipality shall extend to the 
 
 "am™""'"' additional limits, and the by-laws of the municipality from 
 
 extended, which the same has been detached shall cease to apply to the 
 
 addition, (r) except only by-laws relating to roads and streets 
 
 and these shall remain in force until repealed by by-laws of 
 
 the municipality to which the addition has been made (s) 
 
 46 V. c. 18, s. 54. 
 
 LiabiUty for 
 debts at tb<i 
 time of dis- 
 solution. 
 
 55. In the case of the erection of a locality into an 
 incorporated village, or of a village into & town, or of a town 
 into a city, the village, town, or city shall remain subject 
 to the debts and liabilities to which the locality was pre- 
 viously liable, in like manner as if the same had been con- 
 tracted or incurred by the new municipality ; (t) and, after 
 
 5 McLean 158 ; Santo v. State of Iowa, 2 Iowa 165 ; Bank of 
 Chenanfjo v. Brown, 26 N. Y. 467 ; Magee v. State, 4 Ind. 362 ; Rke 
 v. Foster, 4 Harring. (Del.) 479 ; The People v. Collins, 3 Mich. 347. 
 See also sec. 283. 
 
 iq) The council of a village incorporated and separated from a 
 township in which at the time of the incorporation, a by-law existed 
 prohibiting the sale of intoxicating liquors in shops and places other 
 than houses of public entertainment within the township, was held 
 not to have power by by-law not submitted for approval of the 
 electors of the village, to repeal the prohibitory by-law as far as it 
 affected the village. In re Cunningham v. Almonte, 21 U. C. C. P 
 469. 
 
 (r) The object of this section -is to extend the existing by-laws of 
 a municipality to land added thereto after the passing of the by-laws, 
 and to indicate the exemption of such lauds from the operation of 
 the by-laws of the municipality to which they formerly belonged. 
 Even the operation of the by-laws of the old municipality creating 
 debts, &c., are thus in effect got rid of ; but by-laws relating to roads 
 or streets, within the limits of such tracts, are, for obvious reasons, 
 continued until repealed by the council acquiring jurisdiction over] 
 the same. But see sec. 56. 
 
 («) See Heg. v. Inhabitants of New Sarum, 7 Q. B. 941 ; Reg. v. j 
 Birmingham, 10 Q. B. 116; Beg. v. New Wiiidsor. 1 Q. B. D. 152. 
 
 (t) This strengthens the provisions contained in the previous! 
 section for the protection of creditors. The effect of this section isl 
 that a village newly incorporated remain liable to pre-existingj 
 township debts, and towns and cities respectively remain liable! 
 for the debts contracted by them while they were villages or towns.! 
 The same principle is also, by this section, made applicable to towQ| 
 ships separating from a union. See further note n to sec. 13. 
 
 ill) The united coi 
 ration, were held to 
 services rendered bv 
 Campbell V. York am 
 in such case the acti 
 the counties without 
 Q-B.48 A suit pro 
 
 eld to be properly CO 
 dissolution of the ui 
 l/iompson 8 V. C. Q. 
 
 W The effect of sec 
 
 effect of this section rt 
 municipality to whicl 
 municipality for a rea 
 'See note n to sec 13 ' 
 
 , from and added ti) a to 
 
 I tins section to direct tJ 
 Sama, I O. R. 4ij^ 
 
 H See sec. 385 et ae 
 
57.] 
 
 LIABILITIES ON FORMATION OF NEW CORPORATIONS. 
 
 47 
 
 \e(j. V. I 
 
 152. 
 
 evioua] 
 iion isj 
 listing I 
 
 own3.| 
 |town4 
 
 the separation of a county or township from a union, each 
 county or township which formed the union shall remain 
 gubject to the debts and liabilities of the union, as if the 
 same had been contracted or incurred by the respective 
 counties or townships of the union after the dissolution 
 thereof, (u) 46 V, c. 18, s. 55. 
 
 56. After an addition has been made to a village, town, Adjustment 
 or city, by the annexation of an adjoining village or town ^^en limit* 
 or adjoining portion of a township, the city, town or village extended, 
 whose limits shall have been so extended, shall pay to the 
 township or county from which the additional territory has 
 
 been taken, such part (if any) of the debts of the townshij) or 
 county as may be just, and shall be entitled to receive from 
 and be paid by the township or county the value of the 
 intf est which the added territoiy had at the time of making 
 such addition in the property or assets of the township or 
 county; (v) and in case the councilsdo not, within three months 
 after the first meeting of the council of the municipality to 
 which the addition has been made, agree as to the sum to be 
 paid or received as aforesaid, or as to the time of payment, 
 the matter shall be settled by arbitration under this Act. 
 (,«,) 48 V. c. 39, s. 2. 
 
 57. After the formation of a new corporation by the dis- Debentures 
 solution of a union of counties or townships, the council fojdebt»"and! 
 
 the 
 new 
 municipali- 
 
 of the senior or remaining county or township shall issue '"•''^'^ 
 
 ((() The united counties of York and Peel, notwithstanding sepa- *'^*- 
 ration, were held to be jointly liable to the registrar of Peel for 
 services rendered by him under sees. 26 and 32 of the Registry Act. 
 Campkll v. York and Peel, 26 U. C. Q. B. 635 ; 27 U. C. Q. B. 138. 
 In such case the action cannot properly be brought against one of 
 tlie counties without joining the other. Ekins v. Bruce, 30 U. C. 
 Q. B. 48. A suit properly brought against three united counties was 
 belli to be properly continued against the three, notwithstanding a 
 dissolution of the union. Lincoln, WeUand, and Haldimand v. 
 nompson 8 U. C. Q. B. 615. 
 
 (f) The effect of sec. 54 is to exempt tracts of land annexed, from 
 the debts of the municipality to which they formerly belonged. Tlie 
 effect of this section read in connection with sec. 54 is to render the 
 municipality to which the annexation is made liable to the former 
 municipality for a reasonable proportion of the pre-existing debts. 
 See note n to sec. 13. When part of a township is detached there- 
 from and added to a town, no power is given to the arbitrators by 
 this section to direct the township to pay any sum to the town. He 
 Sarnia, 1 0. R. 411. 
 
 {w) See sec. 385 et aeq. 
 
p^^l 
 
 48 
 
 THE MUNICIPAL MANUAL. 
 
 fs. 57. 
 
 Assessments 
 for year pre- 
 ceding disso- 
 lution. 
 
 Sptcial |rates 
 for debts 
 continued 
 and to be 
 paid over by 
 treasurer 
 of tlie junior 
 county. 
 
 its debentures or other obligations for any part of any debt 
 contracted by the union for which debentures or other obli- 
 gations might have been, but had not been, issued before 
 the dissolution ; and the debentures or obligations shall 
 recite or state the liability of the junior county or township 
 therefor under this Act ; and the junior county or township 
 shall be liable therefor as if the same had been issued by the 
 union before the dissolution, (x) 46 V. c. 18, s. 67. 
 
 68. AH assessments imposed by the council of the then 
 corporation for the year next before the year in which the new 
 corporation is formed by separation therefrom, shall belono' 
 to the then corporation, and shall be collected and paid over 
 accordingly, and after the separation all special rates for the 
 payment of debts theretofore imposed upon the locality by 
 any by-law of the former corporation sliall continue to be 
 levied by the new corporation ; and the treasurer of the new 
 corporation shall pay over the amount as received to the 
 treasurer of the senior or remaining municipality, (y) and the 
 latter shall apply the money so received in the same manner 
 as the money raised under the same by-law in the senior or 
 remaining municipality, (z) 46 V. c. 18, s. 58. 
 
 {x) In this section there are three points to be noted : 1. That 
 after the dissolution, the council of the remaining county or town- 
 ship shall issue its debentures or other obligations ; but, to be 
 effectual under this section, only "for any part of any debt con- 
 tracted by the union " ; 2. That such debentures, &c. , shall recite or 
 state the liability of the junior county or township therefor, under 
 this Act ; and 3. That the junior county or township shall be liable 
 thereon as if the same had been issued by the junior county or town- 
 ship. See note u to sec. 55. 
 
 (y) Where part of the sinking fund for the school debt was paid 
 by a new corporation not to the treasurer of the municipality but to 
 the secretary-treasurer of the school board of the senior municipality 
 by whom it was misapplied, it was held that the senior municipality 
 might recover the amount due by the new corporation ; that the 
 payment so made did not constitute a defence, and that the sections 
 as to arbitration in the case of the separation of an incorporated 
 village from a township did not apply. Eklerdie v. Paisley, 8 O. R. 270. 
 
 (z) The right to rates for the year next preceding the separation 
 is here determined. The special rates mentioned are to be levied in 
 each respective municipality, after separation, and collected by 
 each respective collector, as if the by-law imposing the rates had 
 been made after the separation by each county or township sepa- 
 rately. The duties of the treasurers require careful attention. 
 
62.] 
 
 PUBLIC OFFICERS AFTER SEPARATION. 
 
 49 
 
 59. Ii^ c^se the amount paid over as in the last preced- if the eum 
 iiig section provided, or paid to any creditor of the senior ^^g^^e ^'^ 
 or remaining municipality, in respect of a liability of the Jna* »"»»"»»• 
 former corporation, exceeds the sum which, by the agree- may be 
 ment or award between the councils, the new corporation recovered, 
 ought to pay, the excess may be recovered against the senior 
 
 ov remaining municipality. 46 "V. c. 18, s. 59. 
 
 60. Ill case a village is incorporated or a village or Former 
 town is erected into a town or city, or a township or^^wto 
 county becomes separated, the council and the membera "^'^^^y^^ 
 thereof having authority in the locality or municipality im- over new 
 mediately previous to the incorporation, erection or separa- SS^ete^*''" 
 tion shall, until the council for the corporation is organized, u»tii new 
 continue to have the same powers as before ; (a) and all other wganized. 
 officers and servants of the locality or municipality shall, until 
 dismissed, or until successors are appointed, continue in their 
 respective offices, with the same powers, duties and liabilities 
 
 as before. (6) 46 V. c. 18, s. 60. 
 
 61. The separation of a junior county or township from Effect of 
 
 a union of counties or townships shall not in any case or in u^^JJ^^uWii; 
 any manner whatever affect the office, duty, power, or re- officers and 
 sponsibility of any public officer of the union who continues a ties" 
 public officer of the senior county or township or remaining 
 counties or townships after such separation, or the sureties 
 of such officer or their liability, further than by limiting 
 such office, duty, power, responsibility, suretyship and liabil- 
 ity to the senior county or township, or remaining counties 
 or townships, (c) 46 V, c. 18, s. 61. 
 
 62- AH such public officers shall, after the sepai'ation, be Further 
 
 "" ^ . / . . ' ,. ^ . '. proTislons as 
 
 the officers oi the senior county or township, or remaining to officers 
 counties or townships, as if they had originally been respect- gy^^^g*' 
 
 (a) It is necessary that there should not be any period of time 
 without a proper governing body. When the new council is organ- 
 ized, it supersedes the previous council ; but, until such organization, 
 the council having authority immediately previous to the change 
 continues to have the same powers as before. 
 
 (b) See note (v) to sec. 40. See also sec 279. 
 
 (c) The necessity for such a provision as this is shewn by Thompson 
 V. McLean, 17 U. C. Q. IJ. 495, where it was held that without 
 such a provision the sureties of a sheriff were relieved from liability 
 by reason of the change in the oiKcc. 
 
 7 
 
50 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 62. 
 
 ively ap{>ointed public officers for such senior county or 
 township, or for such remaining counties or townships only. 
 46 V. c. 18,8. 62. 
 
 Bight to 63. All sureties for such public officers shall be, and 
 
 requirenew,.einain liable, as if they had become the sureties for such 
 
 securltiesnot iv a- • i. ^ c ^ 
 
 affected. public ofticera in respect only of such senior county or town- 
 ship, or of such remaining counties or . townships, and all 
 securities which have been given shall, after the separation, 
 be read and construed as if they had been given only for the 
 senior or remaining county or counties, or township or town- 
 ships ; but nothing herein contained shall affect the right of 
 new securities being required to be given by any sheriff or 
 by any clerk or bailiff, or other public officer, under any 
 statute, or otherwise howsoever, (d) 46 V. c. 18, s. 63. 
 
 , PART II. 
 MUNICIPAL COUNCILS, HOW COMPOSED. 
 
 Title I. — The Members. 
 
 Title II. — Qitalification, Disqualification, and Exemptions. 
 
 TITLE I.— THE MEMBERS. 
 
 Div. I. — In Counties. 
 
 Div. 11. — In Cities. 
 
 Div. III.— In Towns. 
 
 Div. IV. — In Incorporated Villaoes. 
 
 Div. V. — In Townships. 
 
 Div. VI. — In Provisional Corporations. 
 
 County 
 councils. 
 
 Division I.— In Counties. 
 
 Councils. Sec. 64. 
 Certificate of Election, dkc. 
 
 Sees. 65-67. 
 
 64. The council (e) of every county shall consist of the 
 reeves and deputy reeves of the townships and villages 
 
 {d) This section only relates to existing securities, and so is not 
 to be read as aifecting the right to require new sureties when new 
 sureties may in any case be properly demanded. See note c to sec. 61. 
 
 (f ) The council is not the corporation, but only the governing 
 body, and in some cases the legislative body of the corporation. 
 
m 
 
 S, 66.] MEMBERS OF COUNTY COUNCILS. 51 
 
 within the county, and of any tv^wns within the county, 
 which have not withdrawn from the jiirisdiction of the 
 council of the county, and one of the reeves or deputy 
 i-eeves shall be the warden. (/) 46 V. c. 18, s. 64. 
 
 65 — (1) No reeve or deputy reeve shall take his seat in the Certiflcates 
 county council until he has filed with the clerk of the county ^d*numw 
 council a certificate oi'the township, village or town clerk, ^l"*"?*" 
 under his hand, and the seal of the municipal corporation, (g) reeves an^ 
 that such reeve or deputy reeve was duly elected, and has ^P"^' 
 made and subsci'ibed the declarations of office and qualification 
 
 (/) Towns, villages and townships are entitled to a certain num- 
 ber of reeves and deputy reeves, in proportion to their population. 
 See sees. 69, 70, 71. The reeves and deputy reeves are the represen- 
 tatives of the local municipalities in the county council. The offices 
 of reeve and mayor of a town have been held to be incompatible. 
 Reg. ex rel. Doran v. Haggart, 1 U. C. L. J. N. S. 74. 
 
 (g) The clerk may reject the certificate if not in the form required. 
 The section is imperative that no reeve, &c. , shall take his seat, &c. , 
 until he has filed, &c. The certificate made necessary is the evi- 
 dence of the right of the person presenting it to a seat in the county 
 council. The county clerk is in the first instance made the judge of 
 its legal sufficiency. But no clerk should, according to his own 
 caprice or preference of any kind, allow certain persons with defec- 
 tive certificates to take their seats, and disallow other certificates 
 quite as good. In such a case the clerk, if made a party to contested 
 election proceedings, would, in all probability, be made to pay costs. 
 But it does not follow that a reeve or deputy reeve, whose certifi- 
 cate is defective, if once admitted by the clerk to sit and vote, has 
 not the right to do so when in truth qualified. Nor does it follow 
 that a certificate in all respects regular entitlec the reeve or deputy 
 reeve to sit and vote in the council if not really qualified. The cer- 
 tificate is only evidence that what is contained in it was done. If it 
 has not been done, or the reeve or deputy reeve had not been duly 
 elected, the mere certificate would not give the right to sit and vote 
 in the council. That right comes from his being the reeve or deputy 
 reeve, and having made the required declarations. If the certificate 
 were the essential part of his qualification, and not merely the evi- 
 dence of it, then it might be held that acts done by the reeve or 
 deputy reeve who did not possess it, or only possessed a defective 
 one, were void. But the certificate, being merely evidence of his 
 qualification, if it turn out that he is really qualified, it cannot be 
 held that his acts as a member of the county council are void. Nor 
 can they be in any way impugned on account of the imperfect cer- 
 tificate. The statute does not declare that the votes of any reeve or 
 deputy reeve taking his seat without the certificate shall be void, 
 nor say that the proceedings supported and carried by such votes 
 shall not be binding. The section in this respect may be properly 
 considered directory, and so construed. See Beg. ex rel. McManus 
 V. Ferguson, 2 U. C. L. J. N. S. 19. 
 
 
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62 
 
 THE MUNICIPAL MANUAL. 
 
 [B. 65, (1). 
 
 
 as such reeve or deputy reeve ; nor in case of a deputy reeve, 
 ' until he has also filed with the clerk of the county an 
 affirmation or declaration of the clerk or other person hav- 
 ing the legal custody of the last revised voters' lists for the 
 nuinicipality which he i-epresents, that there appear (/t) upon 
 such voters' list the names of at least 500 persons entitled 
 to vote at municipal elections for the first deputy reeve 
 elected for the municipality, and that no alteration reducing 
 the limits of the municipality, and the number of persons 
 on said list entitled to vote at municipal elections, below 500 
 for each additional deputy reeve, has taken place since the 
 said voters list was last revised. 
 
 (2) In counting the names of voters referred to in this 
 section and in sections 69, 70 and 71 the name of the same 
 person shall not be coiinted more than once in any munici- 
 pality, whether the name of such person appeal's upon the 
 voters' lists only once, or more than once. 51 V. c. 28, s. 5. 
 
 Form of cer- 66- The Certificate in section 65 mentioned may be in the 
 ^'i"»^«"J^o following form :—(i) 
 
 I, A. B., of 
 
 clerk of the corporation of 
 
 the township (town or village as the case may be) of 
 in the county of , do hereby, under my band and the 
 
 seal of the said corporation, certify that C. £>., ot , 
 
 esquire, was duly elected reeve (or deputy reeve, as the case may be) 
 of the said township (town or village, as the case may be), and 
 has made and subscribed the declarations of office and qualification 
 as such reeve (or deputy reeve, as the case may be). 
 
 Given under my hand and the seal of the said corporation of 
 
 , at , in the said township (town or 
 
 village, as the case may be) this day of 
 
 A. D. 18 . 
 
 1 Seal of the 1 
 < Municipal > 
 ( Corporation. ) 
 
 46 V. c. 18, s. 66. 
 
 A. B., 
 township (town or village) clerk. 
 
 51 V. c. 28, s. 6. 
 
 t'i '>. 
 
 (h) See note m to sec. 69. / 
 
 (t) It is to be hoprd that, as the Legislature has seen fit to give a 
 form of certificate, that the form will oe closely followed. In the 
 earlier Acts no form was given. The consequence was that a 
 variety of forms were in use that were often incorrect. See the forms 
 held bad in Reg. ex rel. McManus v. Ferguson, 2 U. C. L. J. N. S. 
 .19. 
 
 ii 
 
 1«ff«l«*^|"*^pp 
 
8. 68.] 
 
 MEMBERS OF CITY COUNCILS. 
 
 &3 
 
 67> The declaration in section 65 mentioned may be in Form of de- 
 the following form, {j ) ?!.Tum^ "j 
 
 Totew. 
 
 I, A. B., of , (fentleman, clerk of the township, (town 
 
 or village, a» the cane may he), of , in the county of 
 
 , do hereby declare and affirm as follows : 
 
 (1) That I am the person having the legal custody of the last 
 revised voters' list for the said township (town or village) as the 
 case may be). 
 
 (2) That there appear upon the said list the na os of at least 
 
 hundred (500 for each deputy reeve) persons entitled 
 to vote at municipal elections in the said township (town or village, 
 as the case may be). 
 
 (3) That no alteration reducing the limits of the said municipality, 
 and the number of persons entitled to vote at municipal elections 
 beli)W hundred (500 /or each depiUy reeve), has taken 
 place since the said list was last revised. 
 
 (4) That in counting the names of the voters on the said list, the 
 names of the voters thereoir have not, to the best of my information, 
 knowledge or belief, been counted more than once, whether they 
 appear upon the said list once, or more than once. 
 
 A. B 
 51 V. c. 28, s. 6. • . 
 
 Division II. — In Cities. 
 
 Councils. — Sec. 68. 
 
 68. The council (k) of every city shall consist of the^^SioiiB. 
 mayor, who shall be the head thereof, and three aldermen 
 for every ward, to be elected in accordance with the provisions 
 of this Act. {I) 46 V. c. 18, s. 68. 
 
 (j) See note i to sec. 66. 
 
 (/;) See note c to sec. 64. 
 
 (I) At one time the council of a city was composed of two aldermen 
 and two councilmen from each ward, the latter requiring less property 
 qualification than the former, but having equal power of voting. 
 The office of councilman in cities no longer exists. The town of 
 Sandwich, incorporated by special Act, (20 V. c. 94, ) was held entitled 
 to elect only three councillors in addition to a mayor and reeve, to be 
 elected by the people. Reg. ex rel. Arnold v. Wilkinson, 5 P.. 
 R. 20. 
 
64 
 
 THB MUNICIPAL MANUAL. 
 
 Division III.— In Towns. 
 
 fs. 69. 
 
 Town 
 ocuneila 
 
 •■li 
 
 Counciln. — Sec. 69. 
 
 69> — (1) The council of every town shall consist of the 
 mayor who shall be the head thereof, and of three councillors 
 for every ward where there are less than five wards, and of 
 two councillors for each ward where there are five or more 
 wards ; and if the town has not withdrawn from the juris- 
 diction of the council of the county in which it lies, then a 
 reeve shall bj added, and if the town had the names of 500 
 persons entitled to vote at municipal elections on the last 
 revised voters' list (m) then a deputy reeve shall be added, 
 and for every 500 additional names of persons so entitled 
 to vote on such list, there shall be elected an additional 
 deputy reeve: Provided always that the council of every 
 J^^°"j°'town, where there are less than five wards, may, u|)on a 
 counoiiiori. petition of not less than 100 municipal electors, pass a by- 
 law reducing the number of councilloi's for each ward to two ; 
 but such by-law, before the final pausing thereof, shall receive 
 the assent of the electors of the municipality in the manner 
 provided for in section 293 and following sections of this Act. 
 , 46 V. c. 18, 8. 69 (1) ; 51 V. c. 28, s. 7. 
 
 (2) Any time after two annual municipal elections shall 
 have been held, under a by-law passed as provided for u. .der 
 this section, the council of the municipality shall, upon the 
 l)resentation to the council of a petition of not less than 100 
 resident municipal electors, asking the council to submit a 
 by-laAv to a vote of the electors, for the repeal of the by-law 
 so passed, in accordance with section 293 of this Act, with- 
 out unnecessary delay, submit such repealing by-law to a 
 vote of the electors of the municipality ; the proceedings in 
 regard to the submission of such by-laws, both as to enacting 
 and repeal, shall be as provided in this Act in regard to by- 
 laws requiring the assent of the electors. 46 V. c. 18, s. 
 69 (2.) 
 
 (m) Prior to 51 V. c. 28 the right to deputy reeves was 
 l^overned by the assessment roll. If the names were fraudulently 
 inserted on the roll, for the purpose of enabling the piirticular muni- 
 ■cipality to obtain a deputy reeve, it is apprehended that the roll 
 would not be conclusive. See Hey. ex rtl. Hart v. Lindsay, 18 U. C. 
 Q. B. 51. 51 V. c. 28, s. 7, substitutes the voters' list for the assess- 
 ment roll. 
 
 
 *1 ' 
 
 U-KW 
 
0. 72 ] MEMBERS OF PROVISIONAL CORPORATIONS. S5 
 
 Division IV.— In Incorporatkd ViLLAaus. 
 
 Councila. — Sec. 70. 
 
 70. The council (n) of oveiy incorporated village slmll inoorportted 
 consist of one reeve, who shall be the head thereof, and four eoundb. 
 councillors, and if the village had the names of 500 persons 
 entitled to vote at municipal elections on the last revised 
 votera' list, (o) then of a reeve, deputy reeve, and three coun- 
 cillors, and for every additional 500 names of persons entitled 
 to vote on such list, there shall be elected an additional 
 {le|tuty reeve instead of a councillor. 51 V. c. 28, s. 8. 
 
 Division V.— In Townships. 
 Councila. — Sec. 71. 
 
 », , , ) 
 
 71. The council {p) of every township shall consist of axowmihip 
 reeve, who shall be the head thereof, and four councillors, «««>"«"»• 
 one councillor being elected for each ward where the town- 
 ship is divided into wards, and the reeve to be elected by a 
 general vote ; but if the township had the names of 500 
 persons entitled to vote at munici^ml elections on the last 
 revised voters' list, (q) then the council shall consist of a ' 
 reeve, deputy reeve, and three councillors, and for every 500 
 additional names of persons entitled to vote on such list, 
 there shall be elected an additional deputy reeve instead of a 
 councillor. 51 V. c. 28, s. 8. 
 
 Division VI. — In PRovisroNAL Corporations. 
 Councils. — Sec. 72. 
 
 72. The reeves and deputy reeves of the municipalities provisional 
 within a junior county for which a provisional council is councils, 
 established, shall ex officio be the members of the {provisional 
 council (r) 46 V. c 18, s. 72. 
 
 (?i) See note e to sec. 64. 
 
 (o) See note »t to sec. 69. . r, , 
 
 (p) See note e to sec. 64. ■, ' ., «u r. 
 
 (q) See note m to sec. 69. 
 
 (r) See sec. 38 et seq. us to Provisional Councils. 
 
 M^ 
 
 '' l»uM'm III 
 {('in 
 
06 
 
 TUB MUNICIPAL MANUAL. 
 
 [8. 73. 
 
 «. 73 (I).] Qu. 
 
 f' Mil 
 
 TITLE II.— QUALIFICATION, DlsgUALIPICATION, AND 
 
 KXKMPTIONS. 
 
 DiV. I. — QtfALinCATKlN. 
 DiV. II.— DlHgUALIKKIATION. 
 DiV. III. — EXKMI'TIONH. 
 
 DlVWroN I.— QUALIKIOATIOK. 
 
 Ill each Municipality. Sec. 73. 
 
 Nature of Estate to be poaaesaed. Sec, 7i. 
 
 In iiew Toiimahip lohere iw Aaaeaament Roll. Sec. 75, 
 
 Where only one qualified peraon/or each aeat. Sec. 76. 
 
 Qualification 73. — ( 1 ) No person shall be (qualified to be elected a mayor, 
 nideme"' *l*^6rniau, reeve, deputy reeve, or councillor of any mniiici- 
 *c. ' pality, unless such |)erson resides wiihin the municipality, or 
 within two miles thereof, (a) and is a natural-born or natu- 
 ralized subject of Her Majesty, (b) and a male of the full ago 
 
 (a) Hufore thig enactinuiit it waa held that a person rated on the 
 ossosHinent roll of n uity, but at the time of un election resident in 
 an adjoining township of the county in which the city waa territori- 
 ally Situate, tiiough almost in the boundary between the two munici- 
 palities, was not qualitied to be elected a member of the council of 
 the city. lieij. tx re/, lilaxdell v. Rorhesft'); 7 U. C. L. J. 101 ; 7i'(v/. 
 ex rel. Flem'mn v. Smith, 7 U. C. L. J. 66. 
 
 (/>) It is to be presumed that resi<lent and assessed inhabitantH of 
 this Province are British subjects till something is shewn to the con- 
 trary, from which it can be determined that tney are aliens. AV7. 
 ex rel. Carroll v. Becho'tth, 1 P. II. 284. It is not sufficient 
 for a relator to swear that certain voters are aliens, without giving 
 particular facts to shew that they are aliens, and how aliens, as 
 by having been born in a certain place named, out of the allegiance 
 of the Bntisli Crown. lb. A person lx)rn in New York in 1830, the 
 son of a British subject, who ha<l emigrated from Ireland a short 
 time previously, and a year or two after his birth came to Upper 
 Canada, and ever since resided here, held to be a British subject 
 within the meaning of the Act. Reij. ex rel. Mc Vean v. Orafiam. 7 
 U. C. L. J. 125. But a person born in the United States before the 
 Revolution, who continued to reside there afte.rwards, was held to be 
 an alien. Doe d. Patterson v. Dav'm, 5 O. S. 494. The son of a 
 British subject who was married to an alien residing out of British 
 possessions at the time of his birth, was held to be an alien. Ihe 
 RohhiHon v. Clarke, I U. C. Q. B. I)?. But the son of an alien once 
 naturalized continues a British subject notwithstanding the residence 
 of hiR father beyond British allegiance. Doe d. Hay v. Hunt, 11 
 U. C. Q. B. 367. See further, Montgomery v. Graham, 31 U. C. Q. B. 
 67. A voter bom in the United States, his parents being British- 
 bom subjects, his father and grandfather U. E. Loyalists, and himself 
 nearly all his life resident in Canada : Held, entitled to vote. Tht 
 
 oi twenty-one 
 Act, (f/) and h 
 election, as pi 
 
 Sti.imont Cane, \ 
 
 ami had taken th 
 
 cciM lings t«) obtaii 
 
 yiuutur Sessioiia 
 
 Ik. 120. An alie 
 
 (ilitaiiiing the pot< 
 
 i|iiitliHc(l to vote. 
 
 »UU'A to him thai 
 
 father was born i 
 
 U hen evidonce wii 
 
 tliey had been bori 
 
 the admissions the 
 
 hail taken the vote 
 
 ii/itiiiali/ation ; //p, 
 
 siitficicntly strong t 
 
 Miyiiial status of j 
 
 tiiin aliens IkkI take 
 
 thiJ Peace of h to) 
 
 timny; ;p, but in tli( 
 
 ;U Vict. 0. 22, sec. l 
 
 withs was acting mii 
 
 Mire properly udm 
 
 may be eitljer elect 
 
 rtl. Gihh V. White, ry 
 
 ' (f) -See note h to s( 
 ('/) See sec. 77. 
 (i*) 'J'he language » 
 iltvision in Iie>i. ex n 
 
 if) B. and A. wo 
 
 iiii'lor a yearly tenan 
 
 tlw nomination day t 
 
 the business and pren 
 
 afterwards went into 
 
 fresh lease of the pren 
 
 ileetiou the co-tenant 
 
 fur alderman. .'iVf/. ea 
 
 liiiving the mere posse 
 
 lit any moment, was he 
 
 as proprietor or tenant 
 
 /•'■'/• ''^' '\f- Lachford 
 l)eiio(juahfication on i 
 ;'",5P. :i.i9. Nor! 
 \i) the assessment on ui 
 8«se(l where his tenaiil 
 ■'t. L. Chamb. 36. So 
 (wupied by Ids tenant 
 
 value required by the 8t£ 
 See section 270 as to 
 
 8 
 
8.73(1).] (iUALIFICATIO>f OP MEMBERS OP COUNCILR. 
 
 0? twenty-one yeara, («) and is not tliwiualifiod under thU 
 Alt, ('/) iinil hH8, or whoHo wife has, (<•) ut the time of tlie 
 election, as proprietor or tenant, (/) u legal or e<iuitablo 
 
 Slniiiiont Vane, 1 H. K. C. 21. An alien who canio to Cnnnda iu IHfiO, 
 niid liivd tiikun the oivth of allugiaiiou in IS6I, but hiul taken no pro- 
 C('t'<li»g8 to ohtuin u curtitiuiitu of iiatunilixiitiou from thu ('ourt of 
 (,iiiiirtor Sossioiis W(ih held not (jualiticd to vote, liruckvilli' Eh-ctioti. 
 II,,, I'ii). An iilion whoHu father had taken the oath uf allegiance on 
 olitaining the patent for hU land under \) (>eo. 4, c. 21, was held not 
 (iiiiilitied to vote. Jh. Thu uvidouue that the parents of n voter had 
 Ktatud to him that he was born in the United States, but tliat his 
 fiitlit r waa l)orn in Canada received and tiie vote held good. //». 
 W hen evidence waH given of parol admissioiiH by certain voters that 
 they had been l)orn in a foreign country, and also evidence tiiat since 
 till- adiniMHions the voters hail voted at i)arliain<aitary elections, and 
 hiid taken the voters' oath as to being liritish subjects by birth or 
 iiiituialization : J/elU, that there was no presumption of naturalization 
 8utti^'ii!"tly strong to rebut the presumption of tlie continuance of thu 
 iirijjinal status of alienage. Lincoln kl("t'u>n, I H. K. C. 5()0. Cer- 
 tiiiii aliens liad taken the oath of allegiance, &c., before a Justice of 
 tlu; I'eace uf a town, vhich oaths were administered to them in a 
 tuwni'' .p, but in the same county : Ilvid, that under the Alien Act, 
 ;U Vict. c. '-"2, sec. 2, the Justice of the I'eace in administering the 
 wiiliit^ was acting nunisterially and not judicially, and that the oaths 
 were properly administered. Ih. Indians being British subjects 
 uiiiy bo either electors or candidates for municipal ottice. litif. tx 
 ,t/. Oihh v. Wliite, 5 1'. R. .'^5. 
 
 (c) .See note h to sec. 79. 
 ((/) See see. 77. 
 
 (c) The language of this section has been changed to meet the 
 (luijisiou in /{ei/. ex rel. Felitz v. Howlantf, 1 1 P. R. '2()4. 
 
 .•S7 
 
 id A. were partners, occupying prennses as co-tenants 
 uii'ler a yearly tenancy on the terms of an expired lease, liefore 
 
 (/) B. HUC 
 
 the iioiniuation day they dissolved partnership, R. withdrawing froni 
 thu business and premises and leaving A. in possession. A. shortly 
 afterwards went into partnership with S. The new firm then took a 
 ficsli lease of the premises : Jfefd, that B. was not at the time of the 
 tilectiou the co-tenant of A., so as to entitle him to become a candidate 
 for aldernum. .'iVj/. ex ret. Adamaun v. Boyd, 4 P. R, 204. A person 
 having the mere possession of land vested in tho Crown, determinable 
 iit any moment, was held not to have such an interest in the land either 
 iis piojjrietor or tenant, as enabled him to qualify under this section. 
 /,V|/. ex rel. Lach/ord v. Frizell, 9 U. 0. L. J. N. S. 27. There can 
 W uo (nullification nn personal property. /?ey. ex rel. Fluett v. Seman- 
 il'it; 5 P. U. 19. Nor can the asses: ment on realty be supplemented 
 hy the assessment on personalty. Ih. A landlord is sufficiently pos- 
 sessed where his tenant is assessed. Hey. ex rel. Shaio v. Mackenzie, 
 iC. L. Chamb. .36. So a landlord may put together properties, some 
 woupied by his tenant and some by himself, to make up the assessed 
 value required by the statute. Reg. ex rel. Dexter v. Goivan, 1 P. R. 104. 
 See aection 270 as to declaration of office. 
 
58 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 73 (1). 
 
 freehold or leasehold, or partly freehold and partly leasehold 
 or partly legal and partly equitable, (g) rated in his own 
 name, or in the name of his wife, on the last revised assess- 
 ment roll of the municipality, (h) to at least the value 
 following, over and above all charges, liens and encumbrances 
 
 afl'ecting the same 
 
 (g) The quuliKcation may be of an estate legal or equitable. Tlie 
 estate, wliethe legal or equitable, need not be free from all encum- 
 brances. If encumbered, and after deducting the gross amount of 
 the encumbrances from tlie assessed vralue of the premises, there bo 
 still left a sufficient value in respect of which to qualify, the qualifi- 
 cation, notwithstanding the encumbrances, is sufficient. Reji'ina 
 ex reL lilakdey v. Canavan, 1 U. C. L. J. N. S. 188. Where defen- 
 dant, in November, 1858 conveyed the estate, which formed the 
 subject matter of his qualification, to his father for a consideration 
 of £300, for which he took notes, and i . February, 1860, purchased 
 the property back, returning all the notes, though the father did not 
 re-convey the property till the 3rd October, 1860 ; yet the son was 
 held to liave had at the time of the assessment an equitable estate 
 within the meaning of the Act. /Per/, ex rel. Tilt v. Cheyne, 7 U. C 
 L. J. 99. See further Rolledon v. Cope, L. R. 6 C. P. 292 ; Siimy v 
 Marshall, L. R. 8 C. P. 269 ; Heelis v. Blain, 18 C. B. N. S. 90 ; 
 Webstt'r v. Oversv.ers of Anhton-uiuler-Lyne, Orme^it Case, L. R. 8 C. 
 P. 281 ; HadJidiVs Case, lb. 306 ; j\[iddleton v. Simpson, 5 C. P. D 
 183. 
 
 (h) Formerly the property qualification and the rating were neces- 
 sary under the section. lie<i, ex rel. Metcalf v. Smart, 10 U. C. Q. 
 B. 89, but this is modified by sub-section 2 of this section added 
 thereto by 51 Vict. c. 28, sec. 9. '* Where land is assessed against 
 both the owner and occupant, or owner and tenant, the assessor 
 shall place Iwtli names within brackets on the roll, and sliall 
 write opposite the name of the owner the letter " F. " and opposite 
 the name of the occupant or tenant the letter "T;" and botli 
 names shall be numbered on the roll. Rev. Stat. c. 193, s. 20. The 
 omission to number both names on the roll, however, does not 
 inviilidate the assessment. See lierjina ex rel. LachJ'ord v. Frizcll, 
 9 U. C. L. J. N. S. 27. The rating should be by name on the roll. 
 Rerf. e.c rel. Metcalf v. Smart, 2 C. L. Chamb. 114 ; but see Riij. 
 ex rel. LmKjhton v. Buhij, lb. 130. Where on the assessment roll, 
 under the general heading, "Names of taxable parties, " were entered 
 the names of " Ker, William and Henry," for two separate parcels 
 of land, and in the proper columns were the letters " F." and " H.," 
 and in the column headed " Owners and address," was entered oppo- 
 site to the parcels of land, '' Wm. Ker & Bros. ;" Held, that " Wil- 
 liam Ker & Henry Ker," and not " William Ker & Brothers," were 
 the persons in whose names the properties were rated, and that they 
 were sufficiently rated. Reij. ex rel. McCregor v. Ker, 7 U. C. L. J. 
 67. See, however, Appleijarth v. Graham, 7 U. C. C. P. 171, 
 and Little v. Overseers of Penrith, L. R. 8 C. P. 259. Judges are in 
 general disposed to go as far as the facts will allow for the purpose 
 of reconciling the mode of rating with the facts, if the person elected 
 
 s. 73 (1).] Q 
 
 !• In incoi 
 JioJd to $400 
 
 2. In town 
 
 3. In cities 
 
 ^- In town? 
 
 And so in t 
 ciise tlie propei 
 
 has really a lega 
 ^- C- L. J. 130 . 
 2 4; Re{f. ex rel. 
 O'M. & H. 153. 
 office of councilh 
 eurolled on the bu 
 Has enrolled for t] 
 TOS held and was 
 
 ciJIor:^^W, that 
 C. P. D. 510. Th 
 hut m that year w 
 1881. By by-law i 
 
 be ore 15th Nov. an 
 
 loll for 1881. No • 
 
 place on 27th Dece 
 
 ot Ottawa on 4th J 
 
 on the nomination i 
 
 >vas to take effect i 
 
 assessment at that < 
 
 •^•c.l80,sec.44(,, 
 
 t'oiild not qualify V 
 
 declaration of offic 
 respect of which he 
 respect of other pr 
 Hartrei, v. Dicke,", 
 .^andidate, but not 
 made available. 7, 
 •i" administrator, t 
 belonging to the dec, 
 estate. Re,j. ex rTt, 
 "•ent roll is conclusi, 
 outsule It as to whet 
 
 at which appeared 
 '>*• '^ee also Ren. eA 
 
 'aseof electors thei 
 ^:;79. TheamoSfi^ 
 ve,thatencumbran« 
 f'. /%. ex rel. Ffate 
 
 ^- «• 249 ; R,,,^ ,^ ,.^^ 
 
 (') See sec. 74. 
 
 R 
 
 ej 
 
 S I 
 
73 (1).] QUALIFICATION OP MEMBERS OF COUNCILS. 
 
 59 
 
 1. In incorporated villages — Freehold to $200, or lease- in villages ; 
 hold to $400 J I ''■ 
 
 2. In towns— Freehold to $600, or leasehold to $1,200 ; 
 
 la towns ; 
 
 3. In cities— Freehold to $1,000, or leasehold to $2,000; in cities; 
 
 4. In townships — Freehold to $400, or leasehold to $800 ; in town- 
 
 sliips ; 
 
 And so m the same proportions in all municipalities, in 
 ciise the property is partly freehold and partly leasehold ; (i) 
 
 has really a legal qualification. Heg. ex rel. Northwood v. Askin, 7 
 U. C. L. J. 130 ; Berj. ex rel. Ford v. Cottimj/iam, 1 U. C. L. J. N. S. 
 214 ; Keg. ex rel. Chambers v. Alimn, lb. 244 ; The Oldham Case, 1 
 O'M. & H. 153. See further note d to sec. 79. A candidate for the 
 olfice of councillor was noininatec ju Oct. 23, 1877, who was not 
 ciirolled on the burgess roll for the year beginning Nov. 1, 1876, but 
 was enrolled for the year beginning Nov. 1, 1877, when tlie election 
 was held and was in all other respects qualified to be elected coun- 
 cillor : Held, that he was rightly nominated. Budge v. Andreios, 3 
 C. P. !>• 510. The defendant was not assessed for the year 1880, 
 but in that year was assessed, on the 3rd of September, for the year 
 1881. By by-law of the city of Ottawa this assessment was revised 
 before 15th Nov. and returned before 31st Dec. as and for the assessment 
 roll for 1881. No appeal was had therefrom. The nomination took 
 place on 27th December, 1880, and the defendant was elected Mayor 
 of Ottawa on 4th January, 1881 : Held, that the election commenced 
 ou the nomination day ; and the assessment roll mentioned, which 
 was to take effect in 1881, and not before, was not the last revised 
 assessment at that time within the meaning of the by-law and R. S. 
 0. c. 180, sec. 44 (now Rev. Stat. c. 193, sec. 52) and the defendant 
 could not qualify thereon. Beg. ex rel. Clancy v. Mcintosh, 46 U. 
 0. Q. B. 98. Where a person elected as alderman of a city made a 
 declaration of office, inadvertently qualifying upon property iu 
 respect of which he was not entitled to qualify, but was qualified in 
 respect of other property, his election was sustained. Beg. ex rel. 
 Hartreji v. Dickey, 1 U. C. L. J. N. S. 190. Property OM'ued by a 
 aiulidate, but not mentioned on the assessment roll, cannot be 
 made available. Big. ex rel. Carroll v. Beckwith, 1 P. R. 278. 
 An administrator, though rated in his own njime for real estate 
 belonging to the deceased, is not entitled to qualify upon such real 
 estate. Jieg. ex rel. Utock v. Davis, 3 U. C. L. J. 128. But the assess- 
 ment roll is conclusive as to the rating, and no enquiry can be allowed 
 outside it as to whether the candidate had more real property than 
 that which appeared on it. Beg. ex rel. Fluett v. Semandie, 5 P. R. 
 19. See also Beg. ex rel. Hamilton •% Piper, 8 P. R. 225. In the 
 case of electors there is an express declaration to that effect. See 
 sec. 79. The amount of property rated on the roll is so far conclu- 
 sive, tliat encumbrances cannot be taken into consideration to reduce 
 it. Reg. ex rel. Flater v. Van Velsor, 5 P. R. 319 ; Beg. ex rel. Phil- 
 hrick V. Smart, lb. 323. See further, 'Beg. ex rel. Bole v. McLean, 6 
 P. R. 249 ; Beg. ex rel. Kelly v. Ion, 8 P. R. 432. 
 
 ,(i) See sec. 74. 
 
60 
 
 THE MUNICIPAL MANUAL. 
 
 [b. 73 (1). 
 
 ll»'. 
 
 m i: \ 
 
 When 
 alianation of 
 property 
 
 disqualify. 
 
 But, if within any municipality any such person is at the 
 time of election in actual occupation of any such freehold, 
 rated in his own name or in the name of his wife, on the last 
 revised assessment roll of the said municipality, he will be 
 entitled to be elected, if the value at which such freehold is 
 actually rated in said assessment roll amounts to not less than 
 $2,000, and for that purpose the said value shall not be affected 
 or reduced by any lien, encumbrance or charge existing on or 
 affecting such freehold. 50 V. c. 29, s. 2. 
 
 (2) No person who has, or whose wife has, property duly 
 rated on the last revised assessment roll, sufficient to qualify 
 
 rated not to Yxixia, as in the last preceding sub-section required, shall be 
 deemed to be disqualified by the alienation, by sale or other- 
 wise, of the said property between the date of the return of 
 the assessment roll and the time of his election, provided 
 that at the time of his election such person is resident within 
 the municipality and has, or his wife has, as proprietor or 
 tenant, a legal or equitable freehold or leasehold, or partly 
 freehold and partly leasehold, or partly legal and partly 
 equitable estate of sufficient assessed value to qualify him 
 for election under the preceding sub-section. 
 
 (3) In the case of the election of a person qualified under 
 the preceding sub-section, the oath of office under sub-section 
 2 of section 270 of this Act may be taken, striking out all the 
 words thereof after the word "occupation" in the thirteenth 
 line of the said sub-section, and inserting in lieu thereof the 
 words, "and I had such an estate actually rated on the last 
 revised assessment I'oll of this township (naming it) at an 
 amount not less than $2,000." 51 V. c. 28, s. 9. 
 
 74. The term " leasehold " in the last preceding section 
 shall not include a term less than a tenancy for a year, (j) 
 or from year to year ; and the qualifications of all persons, 
 where a qualification is required under this Act, may be of 
 an estate either legal or equitable, or may be composed 
 partly of each, (k) 46 V. c. 18, s. 74. 
 
 " Leasehold" 
 defined. 
 
 Nature of 
 estate. 
 
 • 
 
 ij) A person having the mere possession of a Crown lot, determi- 
 nable at any moment, though rightly assessed under the Assessment 
 Act, has no such estate in the land as will qualify him for office. 
 Beg. ex rel. Lachford v. FrizeU, 9 U. C. L. J. N. S. 27. See further 
 Mayhem v. Sidtle 4 E. & B. 347, 357; White v. Bayky, 10 C. B. N. 
 S. 227. 
 
 S. 77.J DISQUA] 
 
 76. In case c 
 for which there 
 who, at the timt 
 real property, an 
 tioned, shall be d 
 qualification. (1) 
 
 76. In case i 
 
 persons qualified 
 no qualification 1 
 be necessary in tl 
 
 s. 76. 
 
 Dr 
 Pet 
 
 77.- 
 
 gaoler 
 deputy 
 of any 
 of any 
 county 
 
 -(I) NoJt 
 or keeper 
 sheriff, shei 
 city or tow 
 municipalit 
 crown attoi 
 
 {Jc) See note ij to sec. 73. 
 
 (/) Both the possess 
 necessary to eive a { 
 73. But in the case 
 be 110 rating of prope 
 townsJiip. In such 
 ratmg, is all that is n( 
 be no qualification at 
 the property for the p 
 
 ('») In what manne 
 
 come into operation w 
 
 to be elected for each s 
 
 to property, or after d 
 
 elected from other cau 
 
 fieri to be elected," mu 
 
 Ae benefit and advants 
 
 happen tliat all those v 
 
 disqualified as respects 
 
 have no council if the ii 
 
 of electors for councill 
 
 LJ JOO. Porthepni 
 
 « to the "persons ^u: 
 
 ^''"', 1 P. K. 214. ' 
 
 1 't 
 
 tM-^^ 
 
 -■3J1 
 
S. 77.] DISQUALIFICATION OF MEMBERS OF COUNCILS. §1 
 
 75- Incase of a new township erected by proclamation, i„ ^^^ 
 for wliich there has been no assessment roll, every person township 
 who, at the time of the first election, has such an interest in l^^ses^ent 
 real property, and to such an amount as hereinbefore men- "■<>"• 
 tioned, shall be deemed to be possessed of a sufficient propei'ty 
 qualification. (1) 46 V. c. 18, s. 75. 
 
 76. In case in a municipality there are not at least two if only oiw 
 persons qualified to be elected for each seat in the council, ^ualXd^for 
 no qualification beyond the qualification of an elector shall each seat in 
 be necessary in the persons to be elected, (m) 46 V. c. 18, *"*"*"" • 
 
 s. 76. 
 
 
 Division II. — Disqualification. 
 Persons disqualified. Sec. 77. 
 
 77- — (1) No Judge of any Court of civil jurisdiction, no Persons dis- 
 gaoler or keeper of a house of correction, no sht iff>from'^ng 
 deputy sheriff, sheriff's bailiff, high bailiff or chief constable members of 
 of any city or town, assessor, collectoi*, treasurer, or clerk ''"''*• 
 of any municipality, no bailiff of any Division Court, no 
 county crown attorney, no registrar, no deputy clerk of the 
 
 (/) Both the possession of property and the rating are in general 
 necessary to give a qualification for office under this Act. See sec. 
 73. But in the case of a first election in a new township, -there can 
 be no rating of propertj', as there is no assessment roll for such new 
 township. In such case the property qualification, without the 
 rating, is all that is necessary. If more were necessary, there could 
 be no qualification at all. The person elected must put a value on 
 the property for the purposes of the declaration required by sec. 270. 
 
 (j») In what manner is this section to be construed ? Is it only to 
 come into operation when the number is below two persons qualified 
 to be elected for each seat as applied simply to qualification in respect 
 to property, or after deducting all those who are disqualified to be 
 elected from other causes? It is apprehended the expression, "quali- 
 fied to be elected," must be construed in the larger sense, that is, for 
 the benefit and advantage of the whole body of electors ; for if it should 
 happen that all those who might be elected as respects property were 
 disqualified as respects interest or otherwise, the municipality could 
 have no council if the inhabitants could not resort to the general body 
 of electors for councillors. Jieg. ex rel. Bender v. Prealou, 7 U. C. 
 L, J 100. For the purposes of this section the roll is not conclusive 
 as to the "persons qualified to be elected." Raj. ex rel. Tetfer v. 
 AM, 1 P. R. 214. 
 
62 THE MUNICIPAL MANUAL. [s. 77 (1), 
 
 Crown, no clerk of the County Court, no clerk of the peace, (n) 
 no innkeeper or saloonkeeper, or shopkeeper, licensed to 
 sell spirituous liquors by retail, (o) no license commissioner 
 or inspector of licenses, no police magistrate, and no person 
 
 (n) Officers pot named would, it is presumed, be qualified. All 
 persons having the necessary qualifications are made eligible under 
 sec. 73. The exceptions are persons by this section expressly declared 
 to be disqualified. A local superintendent of schools was held not 
 to be disqualified under the old law. Reg. ex rel. Amott v. Mar- 
 chant, 2 C. L. Chamb. 189. But an overseer of highways was 
 held disqualified under the general words, " any officer of the muni- 
 cipUity." Reg. ex rel. Richmond \. Tegart, 7 U. C. L. J. 128, So 
 the clerk of a county council. Reg. ex rel. Boyes v. Detlor, 4 P. R. 
 197. As to the corporation solicitor, see Peterborough v. Burn- 
 lutm, 12 U. C. C. P. 103. See further. In re Sawyers v. Stevenson, 
 5 U. C. L. J. 42. It is not in express terms declared that an insoi 
 vent shall be disqualified. See Rex v. Chitty, 5 A. & E. 609. See also 
 sec. 177 of this Act. See further, sec. 209 et aeq. of this Act as to 
 other disqualifications. By the English Act 5 & 6 Will. IV. cap. 76, 
 s. 28, no person being in holy orders, or being the regular mmister of 
 a dissenting congregation, is qualified to be a councillor of a borough. 
 But it was held that a minister appointed to officiate occasionally or 
 temporarily to a dissenting congi-egation was not disqualified. Reg. 
 V. Oldham, 10 B. & S. 193. An Indian who is a British subject and 
 otherwise qualified is not disqualified to hold office. Reg. ex rel, 
 Qibb V. White, 5 P. R. 315. 
 
 (o) An "innkeeper" is the owner of a house who holds out that 
 he will receive all travellers and sojourners who are willing to pay a 
 price adequate to the accommodation required. See Thomaon v. 
 Lacy, 3 B. &. A. 283 ; Dansey v. Richardson, 3 E. & B. 144 ; Holder 
 V. Soulby. 8 C. B. N. S. 254; Allen v. Smith, 12 C. B. N. S. 638; 
 Threfallv. Borwick, L. R. 7 Q. B. 711. The disqualification under 
 this section is not, however, restricted to innkeepers. It extends to 
 all saloonkeepers and shopkeepers who are licensed to sell spirituous 
 liquors by retail. See Reg. v. Rymer, 13 Cox. C. C. 378. A man may 
 be an innkeeper under this section, though without-a license, lii'ij. 
 ex rel. Flanagan v. McMahon, 7 U. C. L. J. ib5, and though he 
 take out the license in the name of another. McKay v. Brown, 5 U. 
 C. L. J. 91. An unlicensed person who under colour of a license to 
 his son sells liquor by retail is not disqualified front holding the office 
 of alderman. Reg. ex rel. Clancy v. Conway, 46 U. C. Q. B. 85. If a 
 man, being an innkeeper, in good faith transfers his license, he ceases 
 to be disqualified under the Act. Reg, ex rel. Crazier v. Taylor, 6 U. 
 C. L. J. 60; see further Dixon v. Birch, L. R. 8 Ex. 135. The 
 defendant and his brother, who were carrying on business as Booth 
 Bro3. had a license in the name of the firm to sell intoxicatiug 
 liquors. Before the nomination, the defendant, with the consent of 
 the license commissioners, transferred his interests in the license to 
 his brother, but the business continued as before : Held, tliat a 
 license cannot lawfully be transferred except in the cases mentioned 
 in Rev. Stat. c. 194, s. 37, none of which had occurred here ; that the 
 
8. 77 (1).] DISQUALIFICATION OP MEMBERS OP COUNCILS. 
 
 having by himself or his partner an interest in any contract 
 with or on behalf of the corporation, (p) and no person who 
 is counsel or solicitor either by himself or with or through 
 another in the prosecution of any claim, action, or ))roceed- 
 ing against the municipality shall be qualified to be a mem- 
 ber of the comcil of any municipal corporation. 46, V. 
 c. 18, 8. 77; 47 V., c. 32, s. 2. 
 
 consent of the commissioners did not validate the transfer, and, 
 therefore, that the defendant, who retained his interest in the 
 license, was not qualified to be a councillor. Reg. ex rel. Urine v. 
 Booth, 3 (). R. 144. Per Armour, J. The disqualification should 
 not be extended to the partner of a porson lawfully holding a licetise 
 in his own name. Ih. See Burgem v. Clark, 14 Q. B. D. 735 ; 'J'ocltl 
 V. Rnhlmon, Ih. 739. The choice of a disqualified person is ineffectual. 
 See Dillon Mun. Cor., 3rd ed., sec. 196. 
 
 (//; The object of this part of the section, like that of sec. 2H 
 of the English Municipal Corporation Act 5 & G Will. IV. c. 76, 
 is clearly to prevent all dealings on the part of the council with any 
 of its members in their private capacity, or, in other words, to pre- 
 vent a member of the council, who stands in the situation of a trustee 
 for the public, from taking any share or benefit out of the trust fund, 
 or in any contract in the making of which he, as one of the council, 
 ought to exercise a superintendence. Reg. v. Frauds, 18 Q. B. 526. 
 The evil contemplated being evident, and the woi'ds used general, 
 they will be construed to extend to all cases which come within the 
 mischief intended to be guarded against, and which can fairly be 
 brought within the words. The words of our enactment are that 
 "no person having by himself or his partner an interest in any con- 
 tract with or on behalf of the corporation shall be qualified," &c. ; 
 and the words of the English Act are that " no person shall be quali- 
 fied, &c., who shall have, directly or indirectly, by himself or his. 
 partner, any share or interest in any contract or employment with, 
 by or on behalf of such council, " &c. The difference deserves to be 
 noticed. See Nicholson v. Fields, 7 H. & N. 810 ; Letois v. < 'ap', 1 
 Ex. D. 484. Under an old Act, of which this section is a re-enact- 
 ment, it wiis held that a person who had executed a mortgage to the 
 corporation, containing covenants for payment of money, was 
 disqualified. Reg. ex rel. Lntz v. Williamson, 1 P. R. 94. It 
 is not necessary that the contract should be a contract binding on 
 the corporation. Reg. r. Francis, 18 Q. B. 526. Where defendant, 
 before the election, had tendered for some painting and glazing 
 required for the city hospital, and, his Lender having been accepted, 
 lie had done a portion of the work, for which he had not been paid, 
 but afterwards refused to execute a written contract prepared by the 
 city solicitor, and informed the mayor of the city that he did not 
 intend to go on with the work, he was notwithstanding held to be 
 disqualified. Reg. ex rel. Moore v. Miller, 11 U. C. Q. B. 465. So 
 where the person elected had tendered for the supply of wood and 
 coal to the corporation. Reg. ex rel. Rollo v. Beard, 1 U. C. L. .7. 
 X, S. 126. The trustees of a common school being about to erect a 
 schoolhouse, one Gauthier offered to supply, a certain quantity of 
 brick for the purpose. They told him that if the town council 
 
 
 63 
 
64 
 
 THE MUNICIPAL MANUAL. 
 
 Ls. 77 (2). 
 
 '■>, 
 
 .5; 
 
 
 Projijo- M (2) But no person shall be held to be disqualified from being 
 hoiden In elected a member of the council of any municipal corpora- 
 would agree to pay him for the bricks, they would take them. He 
 then said he would take payment for them oy letting the amount go 
 against his taxes in each year, with interest at eight per cent, on tlie 
 whole amount unpaid. This oflfer was accepted, and the bricks were 
 furnished. Gautnier was held disqualified to Ihj a member of the 
 council. Reg. ex rel. Fluett v. ilauthier, .5 P. R, 24. So where 
 a member of the council, being a baker supplied bread to fulfil a gaol 
 contract held by another person in his own name, bub which was 
 looked upon as really the contract of the former, he wab held to 
 be disqualified. Reg. ex rel. Pidditigton v. Rkldell, 4 P. R, 8q_ 
 
 Whether the contract is in the name of the party himself or another 
 is immaterial. See Collins v. Sicitidle, 6 Grant, 282 ; City oj 
 
 Toronto 
 
 V. Botoes, 4 Grant, 489 ; 6 Grant, 1. A person who had 
 entered into a contract with the corporation of the city of Dubhn, 
 was held disqualified, even ihough he had, before the election (but 
 without the privity of the corporation), assigned his contract to a 
 third person. Reg. v. Franklin, 6 Ir, C. L. R. 239. Where a 
 municipal council by by-law granted to defendant, upon certain con- 
 ditions, a right to build a dani and bridge across a river, in consider- 
 ation of which he promised to keep it in repair at his own expense 
 for forty years, he was held to be disqualified. Reg. ex rel. l^uiter. 
 son V. Clarke, 5 P. R. 337. So where it was shown that the 
 candidate elected was a surety for the treasurer of the town, and 
 acting as solicitor for the town. Reg. ex rel. Coleman v. O'Hare, 2 
 P. R. 18. So a surety in any sense to the corporation. Re,/, 
 ex rel, McLean v. Watson, 1 U. C. L. J. N. S. 71 ; Reg. ex rel. Haim- 
 V. Roberts, 7 P. R. 315. But a surety was held not disqualified 
 under the following facts : The treasurer of a township was ap- 
 pointed by annual by-laws, which were silent as to time in 1859, 
 1860 and 1861. In 1861 the defendant became his surety, by bond' 
 which bond did not state the duration of liability. In 1863 the 
 same treasurer was also appointed by a similar by-law. In 1864 the 
 by-law limited his liability to the year 1864. From that year to 1869, 
 no time was specified. In 1869 he was appointed for one year. His 
 accounts were audited, and found correct: Held, that defendant, his 
 surety, was not disqualified. Reg. ex rel. Ford v. McRae, 5 
 P. II. 309. The defendant was a road commissioner for tlie town- 
 ship under sec. 479, and entitled to a balance for commission on the 
 money spent by the township on a certain ditch : Held, that he 
 was disqualified. Reg. ex rel. Ferris v. Iler, 15 U. C. L. J, N. 
 S. 158. At one time it was held that where work was done 
 under a contract, and nothing remained but payment, the contractor 
 was disqualified. Re.ff. ex rel. Davis v. Carruthers, 1 P. R. I14. 
 Reg. ex rel. Rollo v. Beard, 1 U. C. L J. N. S. 126. But recent 
 English authority is against that position. See Royse v. liirley, L. 
 R. 4 C. P. 296. If, however, at the time of the election, there be .1 
 dispute in good faith between the candidate and the municipality, 
 arising out of a matter of contract, the candidate is disqualiticd. 
 Reg. ex rel. Bland v. Figg, 6 U. C. L. J. 44 ; Reg. ex rel. McMullm 
 v. De Lisle, 8 U. 0. L. J. 291. A different rule prevails where all 
 transactions have been bonajide closed. Reg. ex rel. Armor v. CoMe 
 
 >s 
 
 s. 77 (2).] DisQ 
 
 tion by reason c 
 company having 
 
 Ih. 290. There i 
 equity from the ( 
 necessary to disci 
 The disqualificatio 
 of office, but to th( 
 nmrd, 1 U. C. L. 
 time when the pe; 
 council board woul 
 and fatal to this v( 
 tication. Per Hag; 
 a person to show tl 
 contmctor. Thus, 
 or commission, wh 
 behalf of his comp 
 ingg, the property ( 
 election had rented 
 trustees for school r 
 rd. Bngg v. Smith, '. 
 any contract," are 
 advantage or gain fl^ 
 being a partner, has 
 V. Coste, 8 U. C. L. J 
 80. It is doubtful if 
 U Feuvre v. Lankesi 
 '»g, 3 B. & A. 145 ; 
 V. Waite, 1 A, & E. 
 interest in, or be in 
 any contract or bar 
 given to the section 
 Bnckhouse, 8 Taunt. 
 B. 200. See also Rev, 
 by-law exempted froi 
 a firm of which defei 
 a contract subsisting 
 that he was disqual 
 nl. L^'e V. Gilmour, 
 tion should be takei 
 V. Edgar, 4 P. R. . 
 %. ex rel. Ford v 
 of disqualification, v 
 candidate of the mine 
 East. 211 ; Rex v. Pt 
 saeh case be made 
 Clarke v. McMidlen, 
 Smnrl, 10 U. C. Q. 
 R. 197; Reg. ex rel. 
 V. Coaks, 3 E. <fe B. 2- 
 knowledge to the vote 
 disqualification, but t 
 T(wkenbimf, 18 L. T 
 also Reg, ex rel. De.rl 
 9 
 
g. 77 (2).] DISQUALIFICATION OP MEMBERS OP COUNCILS. 
 
 65 
 
 tion by reason of his being a shareholder in any incorporated oompmies 
 company having dealings or contracts with the council of llfJii'lSto*'' 
 
 . oorporatlona. 
 
 lb, 290. There is no disqualification where a person is acquitted in 
 equity from the contract, and a sealed instrument is all that is , 
 necessary to discharge it. Beff. ex rel. Hill v. Belin, 4 P. R. 113. 
 The disqualification does not merely relate to the time of acceptance 
 of office, but to the time of the election. lb. ; Reg. ex rel. Hollo v. 
 Beard, 1 U. C. L. J. N. S. 126. To refer the qualification to the 
 time when the person elected might actually talte his seat at the ^ 
 
 council board would be wholly at variance with the spirit of the Act, 
 and fatal to this very wholesome provision of the Act as to disquali- 
 deation. Per Hagarty, J., lb. 128. It is not enough to disqualify 
 a person to show that he is the iigent of the person who is really the 
 contractor. Thus, an agent of an insurance company, paid by salary 
 or commission, who, both before and since the election, bad, on 
 behalf of his company, effected irsurances on several public build- 
 ings, the property of the corporation, and who at the time of the 
 election had rented two tenements of his own to the board of school 
 trustees for school purposes, was held not to be disqualified. Jtey. ex 
 rel. liim v. Smith, 1 U. C. L. J. N. S. 129. The words "interest in 
 any contract," are not to be construed as including all possible 
 advantage or gain flowing from a contract which somebody else, not 
 being a partner, has with the corporation. See liefj. ex rel. Armor 
 V. Coste,^ 8 U. C. L. J. 290 ; Reg. ex rel. Pkldington v. Riddell, 4 P. R. 
 80. It is doubtful if they can be held to include sub-contracts. See 
 U Fe^ivre v. Lnnkester, .3 E. & B. 530. See also Proctor v. Manwar- 
 big, 3 B. & A. 145 ; ender-ioti v. Slierbome, 2 M. & W, 237 ; Barber 
 V. Watte, 1 A. & E. 514. Had the words been, " have any share or 
 interest in, or be in any manner, directly or indirectly, concerned in 
 any contract or bargain, " a wider interpretation would have to be 
 given to the section. See Towsey v. White, 5 B. & C. 125 ; Pope. v. 
 Bnckhome, 8 Taunt. 239 ; Foster y. The Oxford, ,ic, R. W. Co., 13 C, 
 B. 200. See also llev. Stat. Can. cap. 109, sec. 13, sub-s. 16. Where a 
 bylaw exempted from taxation for a term of yean a mill to be built by 
 a firm of which defendant was a member, it was held that there was 
 a contract subsisting between defendant and the municipality, and 
 tiiat he was disqualified from holding the ofiice of reeve. Reg. ex 
 pi. L-'e V. Gilmour, 8 P. R. 514. The objection to the qualifica- 
 tion should be taken at the nomination. Reg. ex rel. Tinning 
 V. Edgar, 4 P. R, 36; Reg. ex rel. Adnmson v. Boyd, lb. 204; 
 %. ex rel. Ford v. McRae, 5 P. R. .309. Where, after notice 
 of disqualification, voters perversely throw away their votes, the 
 candidate of the minority is entitled to the seat. Rex v. Hawkins, 10 
 East, 'ill ; Rex v. Pari'y, 14 East. 548. But the notice should in 
 such case be made to appear clear and satisfactory, Reg. ex rd. 
 Clarke v. McMullen, 9 U. C. Q. B. 467 ; Reg. ex rel. Metcalfe v. 
 ,Vm'(rt, 10 U. C. Q. B. 89 ; Reg. ex rel. Forward v. Detlor, 4 P. 
 R. 197 ; Reg. ex rel. Adanuon v. Boyd, lb. 204 ; Ex rel. Mackley 
 V. Coakf, 3 E. & B. 248. The notice must be such as to bring home 
 linowledge to the voters, apparently, not only of the fact constituting 
 (lis(iualihcation, but the law that such fact does disc{ualify. Reg. v. 
 Tewkenhury, 18 L. T. N. S. 851 ; S. C, L. K. 3 (^ B. 629. See 
 also Reg. ex rel. Dexter v. (wowan, 1 P. R. 104 ; Reg. ex rel. Davis 
 
 9 
 
66 
 
 THE MUNICIPAL MANUAL. 
 
 L^. 77 (2). 
 
 und ie«ioe« 8uch municipal corporation, or by having a lease of twenty- 
 
 flrom 00/-*"* ®"" years or upwards, of any property fron> the corporation, (q) 
 
 poration. but no such leaseholder shall vote in the council on any 
 
 (juestion affecting any lease from the corporation, and no 
 
 such shareholder on any question affecting the company. (?•) 
 
 46 V. c. 18, s. 77 (2). 
 
 Division III.— Exemptions. 
 
 i 
 ini 
 
 Officials and Persons exempted. Sec. 78. 
 
 Eiemptions. 78- All persons over sixty years of age, all members and 
 otKcers of the Legislative Assembly of Ontario, and of the 
 Senate or House of Commons of Canada, all persons in the 
 civil service of the Crown, all Judges not disqualified by the 
 last preceding section, all coroners, all persons in priest's 
 orders, clergymen and ministei-s of the gos|>el of every denom- 
 ination, all members of the Law Society of Ontario, whether 
 barristers or students, all solicitors in actual practice, all 
 officers of Courts of justice, all members of the medical pro- 
 fession, whether physicians or surgeons, all professors, mastei-s, 
 teachers and other members of any university, college, or 
 
 V. Carrittkerft, lb., 114; Reg. cr, rel. t'ord v. McRae, 5 P. R. .309; 
 hi re Ehhpx Election, 9 U. "C. L. J, 247 ; Trench v. Nolan, L. R. 
 6 Ir. C. L. 464 ; In re LaunceMon Election — Drinkwater v. DaUn, 
 L. R, 9 C, P. 626; In re Tipperary Election Petition, L. R. 9 Ir. C. L. 
 217; Reg. v. Mayor of Bangor, 18 Q. B. D. 349; South Renfrew 
 Election, 1 E. C. 3.39. See further, SuMett v. Bedwell, 12 Am. 3.38, 
 note ; Dillon, Mun. Cor., 3rd Ed., s. 196. 
 
 (q) The law was formerly different on both points. See Reg. ex nl. 
 Ranton v. Counter, 1 U. C. L. J. 68 ; Reg. ex rel. Padwell v. Stewart 
 2 P. R. 18 ; Reg. ex rel. Stock v. Daola, 3 U. C. L. J. 128 ; 
 Reg. V. York, 2 G. & D. 105 ; 2 Q, B. 847 ; Simpxon v. Ready, 12 
 M. & W. 736 ; Reg. v. Frnncin, 18 Q. B. 526 ; Reg. ex rel. Mack v. 
 Manning, 4 P. R. 73 ; Reg. ex rel. Patterson v. Clarke, 5 P. R. 337. 
 The lessor of the corporation so long as the reversion is not assigned 
 is still disqualified. Heg. ex rel. Ross v. Rastill, 2 U. C. L. J. N S, 
 160. 
 
 (r) Where four out of five of the members of a village council were 
 shareholders in an incorporated company in the village, and notwith- 
 standing their interest voted for the submission of a by-law to the 
 electors for a bonus to the company, and after the vote of the electors 
 passed the by-law, the by-law was set aside. In re Baird and ih". 
 Village 0/ Almmte, 41 U. C. Q. B. 415. 
 
s. 79.] 
 
 QUALIFICATION OF ELECTORS. 
 
 67 
 
 school in Ontario, and all officers and servants tliereof, all 
 millei-s and all firemen belonging to an authorized fire com- 
 pany (s) — are exempt from being elected or appointed mem- 
 bers of a municipal council, or to any other municipal 
 office, (a) 46 V. c. 18, s. 78. 
 
 PART III. 
 
 MUNICIPAL ELECTIONS. 
 
 Title I.— Elkctors. 
 Title II.— Elections. 
 
 TITLE'L— ELECTORS. 
 
 Division I.— Qualification. 
 
 Freehold, Household, Income, or Farmers^ Son. Sec. 79. 
 
 Amoiint of rating requisite. Sec. 80. 
 
 Persons in default fur non-payment o/ taxes. Sec, 81. . v 
 
 Elector must be named on voters' list. Sec. 82. 
 
 In new Municipality having no Assessment Roll, Sec. 83. 
 
 Where new Territory added. Sec. 84. 
 
 Jcint or several rating on same 2yroperty. Sees. 85, 86. 
 
 Householder, definition of . Sec. 87. . 
 
 79 — (1) Subject to the provisions of the next following 
 eight sections the right of voting at municipal elections Qu^iiflgation- 
 shall belong to the following persons, being men, or un- of electors, 
 married women or widows of the full age of twenty-one 
 
 (s) See also as to Friemen R. S. O. c. 8, ss. 2-4. 
 
 'a) The last section contains the disqualitications, and this the 
 exemptions. The difference between a disqualification and an exemp- 
 tion as regards an individual, is that a person disqualified^ cannot 
 hold office, but a person exempt, even though qualified need not. 
 The one is an incapacity or disability ; the other a privilege. It ia 
 an offence at common law for a person, without some legal ground 
 of objection, to refuse to take upon himself an office to which he has 
 been duly elected. So a qualified person duly elected refusing to 
 accept office, may be summarily convicted and. punished. See sec. 
 277. 
 
 i if 
 
 ■'A 
 
 
 s H 
 
 i 1 
 
 >'■) 
 
 :1i :.il 
 
 .>i^t?!i 
 
 
 ..fi 
 
 nii 
 
 i\ 
 
 I'i 
 
 \' . 
 
 r 
 
 \ ■ 
 
 ,ii. 
 
 'mm 
 
 .iSft*',';! 
 
68 
 
 ■J •:! 
 
 THE MUNICIPAL MANUAL. 
 
 [8. 79 (1). 
 
 years, (h) and subjects of Her MajcHty by birth or naturali- 
 zation, (c) being rated to the amount hereinafter provided on 
 the revised assessment roll, upon which the voters* list used 
 at the election is based, of the municipality, (d) for real pro- 
 perty held in their own right (e) (or, in the case of married 
 
 (/;) Full ago is twenty-one years, and is ccmpleted on the day 
 prece«ling the anniversary of a person's birth. A»on, 1 Salk. 44; 
 Toder v. Samavi, 1 Brown P. C. 468. If therefore one is born on 
 Ist January, he is of age to do any legal aut on the morning of thu 
 last day of December, though he may not have lived twenty-one 
 years by nearly 48 hours. Tomlin "Infant,"!. Upon a questiun 
 of age of a voter, the written memorandum of the clergyman who 
 married his parents was held better evidence than the memory of 
 individuals, unaccompanied by such memoraixdum. Beg. ex rtl. 
 Forward v. BarleU, 7 U. 0. C. P. 633. 
 
 (c) See note h to sec. 73. 
 
 (d) The franchise is not to be lost to any one who is really entitled 
 to vote, if his right can be sustained in a reasonable view of the 
 requirements of the Act. Rerj. ex rel. Chambers v. Allison, 1 U. C. 
 L. J. N. S. 244. See also Re McCulloch, 35 U. C. Q. B. 452. The 
 inclination of the Courts is in everv way to favour the franchise. 
 Ren. ex rel. Ford v. Cotlingham, I'U. C. L. J. N. S. 214. The 
 rating has been held suflicieut where the surnames were correct, 
 though thr Christian names were erroneous. Reg. ex rel. Chambm 
 y. AUiHon, 1 U. C. L. J. N. S. 244. Thus " Wilson Wilson" for 
 "William Wilson." So " Simond Faulkner," for Alexander Faulk- 
 ner." lb. And "Thomas Sanderson, held idem sonam with 
 " Thomas Anderson," so as to entitle the person bearing the latter 
 name to vote. lb. Any error in assessing as owner, tenant or 
 occupant, is immaterial if the voter be qualified in any of these 
 characters. The Stormont Case, 1 H. E. C. 21 ; The Brockville 
 Case, lb. 129. Wnen a voter, propeily assessed, who was accident- 
 ally omitted from the voters' list for polling sub-division No. 1, 
 where his property lay, and entered in the voters' list for sub-divi- 
 sion No. 2, voted without question in No. 1, though not on the list, 
 vote held good, lb. It is not only necessary that the freeholder or 
 householder should be rated as such, but at the time ol the election 
 hold the property in respect of which he is rated. Reg. ex rel. Lutz 
 V. Hopkins, 7 U. C. L. J. 152 ; Ano7i, 8 U. C. L. J. 76, and the pro- 
 perty must be held in the right of the elector or that of his wife, 
 and not simply in a representative capacity as executor, administra- 
 tor or agent. Reg. ex rel. Stock v. Davis, 3 U. C. L. J. 128; see 
 further note h to sec. 73. A municipal council, has not, of course, 
 any power to declare a qualification of voters different from this Act. 
 Ill re Bell and Manvers, 3 U. C. C. P. 399 ; see further. Rex. v, 
 Spencer, 3 B irr. 1827 ; Newling v. Francis, 3 T. R. 189 ; Rex. v. 
 Biimstead, 2 B. & Ad. 699 ; Rex. v. Chitty, 5 A. & E. 609 ; Common- 
 wealth V. Wodper, 3 S. & R. 29 ; Petty v". Tooker, 21 N. Y. 267. 
 
 (e) See note-A to sec. 73. 
 
79(1).] 
 
 QUALIFICATION OP FREEIIOLDEKS. 
 
 6(^ 
 
 ni(>n, Holtl by their wives), or for income, (f) and having 
 received no reward and having no expectation of ivward tor 
 voting : {g) 
 
 Firstly. All jjersons, whether resident or not, (A) who are ^rwhoidori. 
 in their own right, or whose wives are at the date of the 
 election freeholders of the municipality. 
 
 (/) This tranchlBe was ureatecl in this Province by 37 Vict. c. 3, 
 Ont. 
 
 (if) See the provisions for the prevention of corrupt practices, see. 
 'JOIJ et seif. 
 
 (h) It is to be o1)aervecl that residence is not essential to the right 
 of a freeholder to vote. Residence for a month next before the elec- 
 tion is, however, expressly made necessary in the case of a housc- 
 holtler. Nice ((iicstions arise as to when a party can or cannot be 
 jaid to be a resident of a numicipality. See Attorney Oeneral v. Par- 
 ley; 3 Atk. r)7(>, Etherlnijton v. Wilmm, 1 Ch. D. 160; Klmj v. Fox- 
 welt, 3 Ch. D. 518. "The proper meaning of the terra 'residence' as 
 used in relation to "ating or voting has been discussed in numerous 
 Knglish authorities, which I have examined. No precise definition 
 hns been formulated, but rather the (Jourts have been anxious to 
 point out that there may be shades of dift'erence in the sense in which 
 the wurd is used in ditl'erent Acts. But in all tlie idea of a home and 
 a nkeinnij apartment seems to be either expressed or implied. In a 
 standard work on registration it is laid down that ' in order to con- 
 stitute residence a party must possess at least a sleeping apartment,' 
 ami this statement seems to have received the approval of (Jhief 
 Justice Erie in Powell v. Guest, 18 C. B. N. S. 72." Opinion of Moss, 
 C. J., on case stated by Judge of county of Elgin under 41 Vict. 
 c, '21, s. 11. now Rev. Stat. c. 8, s. 31. Sessional Papers of Ontario 
 for 1879, No. 68, p. 14. A man, cannot, within the meaning of the 
 municipal laws, be said to be resident in two municipalities at the 
 8,11116 time. Mail' v. Vienna, 10 U. C. L. J. 275. A man's residence 
 is where his home is situate — where his family live. Hex. v. lukahi- 
 hints of Xorth Carry, 4 B. & C. 959. Occasional absence from home 
 to attend to business in another municipality, does not make his 
 home less his residence. Withorn v. Thoma-s, 7 M. & (i. 1. Where 
 A. liad a dwelling-house at Bowmanville, where his wife and family 
 lived, but had a saw-mill and store and was postmaster in the 
 township of Cartwright, which occasioned him ire(|uently to visit 
 thac place, and who, while there, used to board with one of his men 
 in a house owned by himself : Held, that after voting in Bowman- 
 ville he had no right to vote in Cartwright. Jieij. ex rel. Tayler v. 
 (>•<("•, 11 U. C. Q. B. 461. Mere colourable residence is in no case 
 sufficient. Rex. v. Duke of Hic/tmoiul, 6 T. R. 560. There is no 
 absolute rule for ascertaining when a party is a resident ; it is a 
 (juestion to be determined in each case according to its circumstances. 
 As to what is sufficient, see Bex. v. Sergent, 5 T. R. 466 ; Bruce v. 
 Brwce, 2 B. & P- 229, note; Bex. v. Mitchell, 10 East. 511 ; Withorn 
 V. Tlioman, 7 M. & G. 1 ; Beg. ex rel. Forvxtrd v. Bartels, 7 C. P. 
 533; Reg. v. Boycott, 14 L. T. N. S. 599 ; Be(i. v. Exeter, L. R. 4 
 Q. ]]. liO; Manning v. Mayming, L. R. 2 P. & D. 223 ; Taylor v. 
 Overseers of the Parish of St. Abbot, L. U. 6 C. P. 309 ; Bond v.. 
 
 I-... 
 
 U' 
 
 'V'T 
 
 \ i' ^ 
 
 '1 
 
 
 1 
 
 i 
 
 h^ 
 
 • 
 
 
 iHf 
 
 
 k' 
 
 1 
 
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 i' tf 
 
 U- 
 
 ■I :i': 
 
 
 ( 
 
70 
 
 THE MUNICIPAL MANUAL. 
 
 [h. 79(1). 
 
 llnuW)- 
 /hol(l«ra»Dil 
 teliMlU. 
 
 Secondly. All residents of the municipality) who Imve r«. 
 
 
 Ovfincem of the Panah of St. (ili'titye, Hanovtv iStjiKin-, Ih. ,112 ; fy,i 
 (,'itnr<!innn of' St, luen Union, L. IL 7 Q. JJ. 4G7 ; Duvaut v. Carter 
 L. II. 9 C;. R 'Ml ; Ford v. Puv, lb. '2({9 ; Ford v. Ilart, Il>. iTS; 
 M<'J>onyal V. (,'nedow, 7 Ir. II. C L. 17r) ; /« re Norri/i, W. N, f„f 
 1888, p. 87; lyUton v. Falinntith, '.) Shoploy, 479; Stat,- v. /'>•.< 4 
 Kiirriiig. SrtS ; State v. X'e CWiNOt^a, 1 '1'cxuh, 401 ; Fri/'n flection \Q 
 Am. U98. 
 
 QuoatioiiH often nriau hutnuon fatliur and Bon, or othur i-flativcn 
 iiH to tlie position thuy hold to vuuh othur in ruaptict to tlio honioHtuiid.' 
 Sons in thia country oftun livo with thoir fnthurs to a ripu ago, on tite 
 proniiHu or in the expectation of receiving the huniestead " wiieii tlic 
 old man dieu. " After the "old man, " through lapse of yearH or bodily 
 intirmity, ia tliHabled from doing much, if anything, in the tillage of 
 the farm, heuurrendera eimtrol to the aon, "aa the place ia to hu IiIh." 
 When theae things happen nice (pieationa present themaclvcH un to 
 " ownerahip" and " occupancy. " In three caaca tried under tlie 
 Klection Law for Ontario, aeveral ancli queations were preaented for 
 deciaion, an<l, after nnich ileliberation decided. 'J'he Stonnunt Cam' 
 H. K. 0. 21 ; J he liroekviUe Caw, lb. 129 ; The South (/rtninul 
 ( 'aw, Ih. 103. 
 
 The general rule is, that a person living' with his father, having uo 
 interest of any kind in the houac or land, is not entitled to he aHat-HHed 
 cither as owner, tenant or occupant. Hen. ex rel Mc I Von v. Crahani, 
 7 U. C. li. J. 125. But when it is proved that an agreement exists 
 (verbal or otherwise), that the aon should have one-tuird or one-imlf 
 the crops as hia own, and audi agreement ia Itonajide acted on, the 
 aon ia entitled to be on the roll, 'J'he /irockrit/e Case, 1 H. K. (.'. 
 129. So where it ia i»roved that for some time pjist the owutr 
 has given up the wh(de management of the farm to hia huh, 
 retaining hia riglit to be aupported from the product of the place, the 
 aon dealing with the crops aa his own, and diapoaing of them to his 
 own uae. lb. Occupancy to the use aiid benefit of the occupant is 
 Hufticient. lit. In a milling business, where the a^ •'"•ment betwetii 
 the father and the aon waa, that if the son would taite chaige of tlie 
 mill and manage the ))usine8s, he should have a snare of the profits, 
 and the .1011 in fact solely managed the busincaa, keeping possession 
 of the mill, and applying a ])ortion of the procceda to his own use, it 
 was held tliat the aon had audi an iiitereat in the businesa, and, wiiile 
 the business lasted, such an interest in the hind aa entitled iiini tc he 
 on the roll. Th, Stonnont Case, 1 H. K. C. 121. So, where the voter 
 had been originally x)ut upon the assessment roll merely to give 
 him a vote, but by a subsetpieiit airangement with hia ifather. 
 he was to support the father, and apply the rest of the proceeds 
 to his own support, it waa held that if he had been put on 
 originally merely for the purpose of giving a vote, and that was the 
 vote questioned, it would have been bad, but being continued several 
 years after he really became the occupant for his own benefit, he was 
 entitled to be on the roll, though originally the usseasment began in 
 his name merely to cjualify him. Ih. Where a deed was taken iu 
 the fathers name, l)ut the son furnishing the money, the father being 
 in occupation with the assent of hia son, and the proceeds not ilivided, 
 it waa field, that the voter being the ecjuitable owner, uotwithstandiug 
 
 s. 79 (]).] QUAI 
 mU)d therein i\ 
 
 the deed to the fai 
 where a verhai' agi 
 III .lanuary, and « 
 (xeriiMed contr«.«l, 1 
 ilt'fd waa not exeti 
 indifferent whore I 
 mid tlie father ia ii 
 ulio diatributea it 
 t,ith(!r to conipul Jii 
 fiiiii, or to eultivat 
 (ijiiit the father's a< 
 (iL'(ii|»ancy waa pro\ 
 the tiitlier, hilt no n 
 lits, and the aon nie 
 ('(lUinion benefit. J 
 |)r(i|ierty, and the '. 
 ulieii tlie crops wer( 
 solely, the voter ow 
 only and voting on i 
 tiin projierty belong 
 tiiin (if Ilia tenancy, 
 (tlie latter being a 
 iiiintl'ur, the voter's 
 Iciise lieing made on 
 rmder i)y the lease t 
 til he a tenant on tl 
 vote, he must Jiuvo t 
 (if the aaseasment rol 
 ■1(1 long as he was 
 Where the voter had 
 he voted on the l(»th 
 hmi assessed for an 
 liclil, that not posst 
 iissesscfl, or at tlie fin 
 Me. Ih. Where tli 
 .iiiil told the aon if In- 
 lie uould give it to hi 
 si/ii's liands from th 
 ii.mies, the profita to I 
 VM held that, as the 
 place for tlie aujtpoi-t 
 of the estate, which J 
 lie (lid not hold imine( 
 entitled to vote. Ih. 
 t'live on the proper 
 «iirk and manage it, 
 .mssed. nor should ai 
 assessed value, she not 
 llmdri//e Ca.se, ] fr. 1' 
 l"t f<ir which he was i 
 Wt which belonged 
 the vote was held 
 
 t 
 
S. "9 (1)'] QUALIFICATION OF HOI HKIIOLDKUS AND TKNANT8. 71 
 
 Hiil«)J therein for one month next lK;f«>re the election, and 
 
 the deed to the father, he )ia<I tho riylit to ]ye on tho roll. //*. So 
 wlit'ie a vurhn' n^rttotnunt wan made ot'tweeii tlio votui- and iiis father 
 ,1, .liuiuary, and on tiiiH a^reuniunt tliu voter from tliat tiino had 
 ,.\(>iriHed control, and took tiiu prticvodM to hiHown uhv, although the 
 ,1(.,mI waH not exetutod until Septeinl'i r following. I h. hut tho rule 
 is (lifl'ercnt whore father and moii hve togotiier on tho fatiior'n farm, 
 1,11(1 tliu father iH in fact the (iriiuipal, to whom money in puid, and 
 ^1,,) (liHtributeH it, and the hou Iiih no agreement binding on tho 
 liitiHii' to cotnnel him to givt; the hou a Hharu of the proueedu of tho 
 Urm, iir to uultivate a share of the land, and the son merely reuetves 
 (diiit the father's HeoBe of justice dietateH. //*. So wlicrc a utrt;vin 
 (icciipauey wuh {iroveil on the part of the son diHtuict from that of 
 tli,> lather, hut no agreement to entitle the son to u share of the nro- 
 litrt, and tho son merely worked with tho rest of the family for their 
 cdiiinion benefit. il>. >So where the voter and his son leased certain 
 pf„|,urty, and the lease v.iut drawn in the son's name alone, and 
 when tlu) crops were reaped the son claimed they belonged to him 
 solely, tho voter owning other property, but ')eing assessed for this 
 only and voting on it. Ih. Where t!ie voter was the tenant of cer- 
 tain property belonging t«) his "father-indaw, ami before tho expira- 
 tion of his tenancy, the father-in law, with the consent of tho voter 
 itlie latter being a witness to the lease), leased the property to 
 another, tho voter's lease not expiring until Novend»er, anil tho new 
 Ifitft' being nmde on the '28th March, 1870, held, that after the sur- 
 riuilei' by the lease to which lie was a subscriliing witness, he ceased 
 tube a tenant on the '2Sth Marcii, 1870, and that to entitle him to 
 vote, he must have the (jualitioation at tiie time of the. tinal revision 
 of thu assessment roll, tiuiugh not necessarily at the time ho voted, 
 so long as ho was still a resident of the electoral division. lb. 
 Whore tho voter had only received a deed of tho property on which 
 lie voted on the Kith August, 1870, but previous to that date had 
 lieeu assessed for and paid taxes on the place, but not owning it ; 
 lielil, tiiat not possessing the (|ualiHcation at the time he was 
 assessed, or at the final revision of the roll, he was not entitled to 
 vote. //'. Where the father h.-ul made a will in his .son's favour, 
 ami told the son if he wouM work the place and supjjort tlio fannly, 
 \k ttimld give it to him, and the entire management remained in tho 
 si.a's hancls from tliat time, tlie jii'ojjerty being assessed in both 
 names, the profits to be applied to pay tho debts due on the place, it 
 was held that, as the understanding was that the son worked the 
 place for the support of the family, and beyond that for the benefit 
 of the estate, which he expected to possess under hia father's will, 
 licilitl not hold immediately to hia own use and benefit, ami was not 
 entitled to vote. //>. The widow of an intestate owner continuing 
 tilive on tho property with her children, who own the estate, and 
 work and manage it, should not, till her dower bo assigned, be 
 assessed, nor should any interest of hers be deducteil from tho whole 
 assessed value, she nf)t having the management of tho estate. The 
 llmd'iulle Case, 1 FI. E. C. 1*20, where a husband had possession of a 
 lot for which he was assessed as occupant and hia wife as owner, 
 liut which belongetl to the Avife's daughters by a former hu.sband, 
 the vote was held good. Ih, Wlion the owner died intestate 
 
Sir: ; 
 
 i 
 
 \i 
 
 ; m 
 
 72 
 
 Income 
 voters. 
 
 Fanners' 
 sons. 
 
 THE MUNICIPAL MANUAL. [s. 79 (1), 
 
 who are, or whose wives are, at the date of the election 
 houseliolders or tenants in the municipality ; (i) 
 
 Thirdly. All residents of the nmnicii^ality {j) at the date 
 of the election, who have continuously resided therein since 
 the completion of the last revised assessment roll therefor 
 and who are in receipt of an income from some trade, office 
 calling, or profession, of not less than $400. 
 
 Fourthly. All residents of the municipality at the date of 
 the electioti who are farmers' sons, and have resided in the 
 muni ;ipality on the farm of their father or mother for twelve 
 months next prior to the return by the assessors of the as- 
 
 and the husband of one of his daughters leased the property 
 and received the rents, the husband was held not entitled 
 to vote. ll>. Where on the trial of an election petition, the objec- 
 tion taken was, that the voter was not at the time of the final revi- 
 sion of the assessment roll the boim fide owner, occupant, or tenant 
 of the property in respect of which he voted, and the evidence shewed 
 a. joint occupancy on the part of the voter and his father on land 
 rated at §'240, it was held that tiie notice given did not point to the 
 objection that if the parties were joint occupants, they were insuffi- 
 ciently rated. The Stormunt Cane, 1 H. E. C. 21. 
 
 (i) The occupant of any separate portion of a house having a dis- 
 tinct communication with a road or street by an outer door, is a 
 householder (sec. 87) ; and it seems to be now settled in England, 
 where a house is let out in separate portions to different tenants, and 
 the owner or landlord does not reside on the premises, though tliure 
 IS but one outer door common to all the tenants, that each distinct 
 portion so let is the house of such occupier. See Rex. v. Tmpsliuii' 
 1 Leach. 4-27 ; R<r. v. Carre/l, Ih. 237 ; Hex. v. Bailey, 1 Moody c'. 
 
 C. 23 ; and Littledale, J., in Bex. v. Ei/e, 9 A. & E. 680 ; see also 
 Wri'jht and Stockfiort, 7 xVI. & G. 95 ; Toms v. Endell, 5 C. B. 23 ; 
 Boon V. Hvirard, L. K. 9 C. P. 277 ; Beij, ex ret. Fonvard v. BarM.^' 
 7 U. C. C. P. 533 ; In re Cook and H umber, 11 C. B. N. S. 33; h 
 re Thompson and Ward, L. 11. 6 C. P. 327 ; In re Stamper v. (h-ir- 
 seers of Sunderland, L. R. 3 C. P. 388 ; In re Toicnsfiend and Ocn- 
 fleers of St. Marylebone, L. R. 7 C. P. 143 ; In re Ford v. Boon, Ih. 
 150; In re Moijer v. Escott, lb. 158 ; In re Bendle v. Watson, lb. 163, 
 A person is not the less a householder because he lets a portion of 
 his house to lodgers, F/iilHp's Case, Alcock's Registration Cases, 20; 
 Duigenan's Case, lb 114 ; Ben. v. Deiifhton, 5 Q,- B. 896. No lodger, 
 though occupying the principal part of the house, is ever rated. 
 The owner, however small the part may be which is reserved to him- 
 self, is in such case deemed the occupier of the whole. Rex. v. EjiIm, 
 Cald. 414. A person occupying apartments in a gaol held not to he a 
 householder. In re Charles v. Lewis, 2 C. L. Chamb. R. 171, 
 See fuither, Baj- v. St. Georife's Union, L. R. 7 Q. B. 90; Attorney- 
 General v. Mutual Tontine Westmiihster Chambers Association, 1 Ex. 
 
 D. 469. 
 {j) See note h to this section. 
 
 79 (5).] 
 
 Qi 
 
 ,ses.sment roll or 
 based, (k) 
 
 (2) If there « 
 
 farm is not rat 
 
 eqiiidJy divided i 
 
 to the father auc 
 
 to tJie sons alone 
 
 a widow, then th 
 
 light only of the 
 
 .sons to whom th 
 
 iis.se.ssed wiJJ, ^vht 
 
 (jimlification to vc 
 
 (•') If the fimou 
 is in.sufficient, if e( 
 ml one .son, to gv 
 kthev .sliaJl be the 
 siicli farm, ^A 
 
 (4) Occasional o 
 tiiii." or time.s not e 
 twelve herein bpfore 
 ,1 favmer'a son to v( 
 
 (■') 111 this sectio 
 
 "Farm" shall nif 
 tli'ieof and not Je.s,s| 
 
 ■So"" or "sons. 
 
 slull mean any male 
 to vote, and being \ 
 occupant of a farm ;] 
 
 " Father" shall i, J 
 
 li) TJiis franchise^ 
 
 .1') This fclJows froini 
 riglit hcm^r tlie rated 1 
 fcnotsudioient, if aivii 
 p'te to each, the father! 
 
 ij,J/:^'"'"i.CHnnotbe[ 
 J to this section. But al 
 
 l'?*l''f''-ily absent J 
 ortemporary absence is 
 
S. 79 (5).] QUALIFICATION OP FARMERS' SONS. fS^ 
 
 cessment roll on which the voters' list used at the election is 
 based, (k) 
 
 (2) If there are more sons than one so resident, and if the when more 
 
 ^ . iii 1 li ixe-i. .» than 0110 BOB 
 
 fi,ini is not rated and assessed at an amount sufficient,, if so resident, 
 etiuidly divided between them, to give a qualification to vote 
 to the father and all the sons, where the father is living, or 
 to the sons alone, where the father is dead and the mother is 
 a widow, then the right to vote shall belong to and be the 
 liMit only of the father and such of the eldest or elder of said 
 sons to whom the amount at which the farm is rated and 
 •issessed will, when equally divided between them, give the 
 niKilification to vote. 
 
 (3) If the amount at which the farm is so rated and assessed ^yhere father 
 is insuiiicient, if equally divided between the father, if living, ^^se'ssment 
 (iiiil one son, to give to each a qualification to vote, then the "°t ^''^^'^^^ 
 fither shall be the only person entitled to vote in respect of more than 
 s,k1. farm. (0 
 
 (4^) Occasional or temporary absence from the farm for a Temporary 
 ,ii)i,' or times not exceeding in the whole four months of the absence. 
 twelve hereinbefore mentioned, shall not operate to disentitle 
 a fiu'iiier's son to vote. ( w) 
 
 (,')) In this section 
 
 " Farm " shall mean land actually occupied by the owner intcrprcta- 
 tlieieof and not less in quantity than twenty acres ; "°°* 
 
 •Sou" or "sons" or "farmer's son" or "farmers' sons" 
 sliiill mean any male ])erson or persons not otherwise qualified 
 tijvote. and being the son or sons of an owner and actual 
 occupant «»f a farm p , 
 
 •Father" shall include stepfather; 
 
 [h) This franchise was first created in 1877, by 40 Vict. c. 9. 
 
 \l] This follows from what precedes it. The foundation of the 
 jriijht Ijuin},' tlie rated and assessed value of the farm, if that value 
 Ikiiot sutlioient, if divided between the father and a son, to give a 
 Iviiteto each, the father alone is entitled to the vote. 
 
 im) A man cannot be a resident in two places at one time. iSee note 
 U to this section. But a man may have his residence in one place and 
 be temporarily absent at another. Where the absence being an occa- 
 Imaldr temporary one is real and not for more than four mouths of 
 I tk twelve required .18 a residence under sub-sec. 4, such occasional 
 I or temporary absence is not to deprive the farmer's son of his vote. 
 
 10 ■ 
 
 ■'r-cn 
 
!i 
 
 |! 
 
 .' r;. 
 
 ii*, i,i s H 
 
 !^Z.\ 
 
 74 THE MUNICIPAL MANUAL. [s. 79 (5). 
 
 " Election " shall mean an election for a membei' to a 
 municipal council ; , 
 
 " To vote " shall mean to vote at an election ; and 
 
 '•' Owner'' shall mean a person who is proprietor in his own 
 right, or whose wife is proprietor in her own right, of an 
 estate for life or any greater estate either legal or equitable 
 except where the owner is a widow, and in such latter case 
 the word " owner " shall mean proprietor in her ow^n rif'lit 
 of any such estate, (n) 46 V. c. 18, s. 79 ; 47 V. c. b2 
 s. 3 ; 50 V. c. 8, sched. 
 
 Amount cf 80. Tn order to entitle a person to vote as aforesaid in 
 sary. °*'^'^ respect of real property, s«ich proj)erty, whether freehold or 
 
 household or partly each, (o) must be rated at an actual 
 
 value of not less than the following : (p) 
 
 In Townships— $100. 
 
 In Incorporated Villages — $200. 
 
 J. 1 Towns— $300. 
 
 In Cities— $400. 46 V. c. 18, s. 80. 
 
 Pewons in 
 ilotault for 
 non-pay- 
 ment of 
 taxes not to 
 vote. 
 
 81. No person who has been returned by the treasurer or 
 collector under sec. 1 1 9 as in default for non-payment of his 
 taxes on or before the 14tli day of December next preceding 
 any election, shall be entitled to vote in respect of iuc(juie in 
 any municipality, or in respect of real property in munici- 
 palities which have passed by-laws under sub-section 2 of sec- 
 tion 489 ; (q) but any person who is entitled to vote aiul who 
 
 (n) As to tlie meaning and effect of an interpretation clause such 
 as th'-,. :ee note b to sec. 2 of this Act. 
 
 (o) See note g to sec. 73. 
 
 ip) Formerly, for municipal purposes, real property was rated at 
 annual value in cities, towns, and incorporated villages, anil at 
 actual value in townships. Since 18(5G the distinction lias heeii 
 abolished. Actual value is now the rule in all local municipalities 
 for all purposes. See Fronttnac v. Kiiu/gloUt 30 U. C Q. B. 584; 
 32 U. C. Q. B. 348. 
 
 (q) The object of such a provision as the present is, In the case of i 
 intending voters, to onforce payment of taxes in the year in which 
 they accrue, and under any circumstances before the election of the 
 ensuing year. In the 29-30 Vict. c. 51, sec. 75, the provision was 
 absolute, making it essential to the qualification of a voter that he 
 should have paid on or before the sixteenth day of December next < 
 preceding the election, all municipal taxes due by him. That pro- 
 vision was ondtted when tlie section w as amended and re-enacted 
 by Stat. 31 Vict. c. 30, sec. 9, Out. It was in 30 Vict. c. 48, sev. 7", ' 
 
 S. 84.J ELECTK 
 
 produces and I 
 
 time of the ten 
 
 surer of the r 
 
 ing that the ta: 
 
 made have sinct 
 
 deputy-returning 
 
 vote and note th 
 
 s. 81 ; 50 V. c. i 
 
 82. Except in 
 
 there is no assess 
 ^t any election ,u 
 porting to be naj 
 (juestion of quali 
 except to ascertai 
 the same person a 
 ofvoteiu (r) 46 
 
 83. At the firs( 
 there is no separ 
 inhabitant, though 
 to rote if ho poss 
 tioned, and Jias at ( 
 to have entitled hi 
 property, (s) 45 
 
 84. Where any 
 
 to any city, town,! 
 
 tional territory is I 
 
 additional territory! 
 
 village is formed, ai 
 
 lists including the 
 
 territory are made , 
 
 01' village, or befort, 
 
 JuJge, then all peA 
 
 ('lectors in such terrl 
 
 from the city, town] 
 
 restored in a modified 
 
 ('•) Nee note d to seel 
 
 (*) In the case of -, 
 
 wssment roll for sui 
 
 rating on any roll, is t| 
 
 '•^'««««-79aidnotestJ 
 
^, 84.] ELECTIONS IN NEWLY CONSTRUCTED MUNICIPALITIEa 
 
 m 
 
 produces and leaves with the deputy-returning officer at thc> 
 time of the tendering of the vote a certificate from the trea- 
 surer of the municip?lity, or the collector of taxes, shew- 
 ing that the taxes in respect of which the default had beep 
 made have since been paid, shall be entitled to vote ; and the 
 deputy-returniug officer shall file tho certificate, receive the 
 vote and note the same on the defaulter's lists. 46 V. c. 18, 
 s. 81 ; 50 V. c. 29, s. 3. 
 
 82. Except in the case of a new municipality, for which Elector munt 
 there is no assessment roll, no person shall be entitled to vote voter'sTu^'" 
 At any election ,un]ess he is one of the persons named or pur- 
 porting to be named in the proper list of voters; and no n«> question 
 (luestion of qualification shall be raised at any election, tion to be 
 except to ascertain whether the pereon tendering his vote is '"'*^- 
 
 the same person as is intended to be designated in the list 
 of voters, (r) 46 V. c. 18, s. 82. 
 
 83. At the first election of a new municipality for which i" newly 
 there is no separate assessment roll, every resident malemunici- 
 inhabitant, though not pi'eviously assessed, shall be entitled g*"j"yjj°y 
 to Tote if ho possesses the other qualifications above men- assessment 
 tioned, and has at the time of the election sufficieub property " " 
 
 to have entitled him to vote if ha had been ratod for such 
 jnoperty. (s) 46 V. c. 18, s. 83. 
 
 84. Where any territory is added for municipal purposes Where new 
 to any city, town, or village, or where a town with addi- added to 
 tional territory is erected into a city, or a village with "'y- *°''"' 
 
 i,v IX -i. • 4.J-4. i. • or Village, or 
 
 additional territory is erected into a town, or in case a new a new city, 
 village is formed, and an election takes place before voters' ^JJJ ere^tJi 
 lists including the names of persons entitled to vote in such with added 
 territory are made out for such new or enlarged city, town, an" no"^^' 
 or village, or before such lists are certified by the County fngfy^^n!,'"'' 
 Judge, then all persons who would have been qualified as such new 
 electors in such territory if the same had remained separate *®"^^°'> • 
 from the city, town, or village, or if such town or village 
 
 It is still dependent on the passing of 
 of the municipality. See sec. 489, 
 
 restored in a modified form. 
 a by-law by the council 
 8ab-s. 2. 
 
 (r) See note d to sec. 79. ' 
 
 (») In the case of a newly erected township there can be no 
 assessment roll for such township, quaJitioation in fact, without 
 rating on any roll, is, therefore, all that is required in such a case 
 See seu. 79 aud notes thereto, as tu the qualihcation of electors. 
 
i;f 
 
 76 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 84. 
 
 m 
 
 had not been erected into a city or town, or if such village 
 had not been formed, shall be entitled to vote in the city, 
 town, or village at such election, (t) 46 V. c. 18, s. 84. 
 
 oMu'lmn't''"'* 85. In case both the owner and occupant of any real pro- 
 seTeraiiy perty are rated severally but not jointly therefor, both shall 
 be deemed ° ^^ deemed rated within this Act. (u) 4G V. c. 18, s. 85. 
 
 rated 
 
 ownm-sor"* ^^* ^^^^''^ ^®^' property is owned or occupied jointly hy 
 occupants two or more persons, (v) and is rated at an amount sufficient 
 to be equa'ny ^^ equally divided between them, to give a qualification to 
 divided. each, then each shall be deemed rated within this Act, other- 
 wise none of them shall be deemed so rated. 
 
 " House- 
 
 iioklor" 
 
 defined. 
 
 18, s. 86. 
 
 (w) 46 V. 0, 
 
 87. Every occupant of a separate portion of a house, such 
 portion having a distinct communication with a public road 
 or street by an outer door, shall be deemed a householder 
 within this Act. (x) 46 V. c. 18, s. 87. 
 
 (t) The necessity for such a provision as this section contains 
 will be made apparent on reference to the language of Kobinsoii, 
 0. J., in Ji'eij. ex rel. Carroll v. Bechrith, 1 V. K. 278. There 
 was no such provision contained in the 30 Vict. c. 48. but tlie 
 omission was afterwards supplied by 38 Vict. c. 3, sec. 16, and is 
 now retained here. 
 
 {n) Each may vote in respect of his interest, when rated severally, 
 the one as proprietor if a freeholder, and the other as tenant if a 
 resident householder. See sec. 79. It is not necessary that tlie 
 property should be assessed exclusively in the name of the person 
 possessed to his own use. A landlord is so assessed where teuants 
 occupy the premises ; and he may, for purposes of qualification as a 
 candidate, put together real properties, some occupied by himself 
 and some by his tenants, to make up the assessed value reijuired 
 by the statute. Reg. ex rel. Shaw v. Mackenzie, 2 C. L. Chanib. 
 R. 36. 
 
 (v) See sec. 21 of the Assessment Act. 
 
 (?/;) This applies to the case of joint owners or joint tenants. If 
 each be rated for an amount sufficient ' > give a qualification, then 
 each is to be deemed rated within the meaning of the section. The 
 section apparently applies as much to candidates as electors, though 
 placed under the head of "Electors." Reg. ex rel. McGregor v. Ker, 
 7 U. C. L. J. 67. Where one of two partners, jointly interested 
 in a property as co-tenants under a yearly tenancy, left the partner- 
 ship before the day of nomination, and a new lease was afterwards 
 granted to the remaining partner and a new partner, the retiriug 
 partner was held not to be qualified in respect of property under this 
 Act. Reg. ex rei. Adamson v. Boyd, 4 I'. R. 204. 
 
 (x) See note i to sec. 79. 
 
 s. 88.J 
 
 Div. I Ti 
 
 I>iv. II.-Rb 
 
 Div. III.—Oa^ 
 Div. IV.-PKt 
 Div. V._Thi 
 Div. VI. —Mis 
 Div. VII. —Vac 
 Div. VIII.-_Con 
 Div. lX.~Piti. 
 
 Divis: 
 
 In Municipalitit 
 In Few or Alien 
 Place, hoio Fixed 
 In Separated Tot 
 Election of Reeves 
 Election Divisiom 
 Where Elections s 
 
 BQ. The elector] 
 
 shalJ elect annuall 
 members of the 
 i,!embers as have 
 the persons so elec 
 are elected or appq 
 council is organize] 
 
 («) Tlie time d3 
 holding of an electiorf 
 < ietads as to the con] 
 directory See Pen] 
 (Itntes Case, lb 5^ 
 
 1, 149 ; //aj/„e.s v. l\ 
 Al/ism, 23 III. 437_ ' 
 
 (6) See sec. 11$. 
 
 J {<"} At common law 
 Iranchise for life thoii] 
 to a definite period, bj 
 /reeh(d(l that there vva 
 otherwise provitled i 
 public office is not con) 
 "'"truet, and the offij 
 property i,, the office 
 
 •* (. 
 
 y 11 
 
9. 88.] 
 
 Div. 
 
 I. 
 
 Piv. 
 
 11. 
 
 Piv. 
 
 III. 
 
 Div. 
 
 IV.- 
 
 Div. 
 
 V. 
 
 piv. 
 
 VI. 
 
 Piv. 
 
 Vll. 
 
 [)IV. 
 
 VIll. 
 
 Piv. 
 
 IX.- 
 
 TIME OP HOLDING ELECTIONS. 
 
 TITLE II.— ELECTIONS. 
 
 -Time and Place of Holding. 
 
 -Retdrnino Officers and Deputy Returning Offi- 
 cers. 
 -Oaths. 
 
 -Proceedings Preliminary to the Poll. 
 -The Poll. 
 
 -Miscellaneous Provisions. 
 -Vacancies in Council. 
 -Controverted Elections. 
 -Prkve>tion of Corrupt Practices. 
 
 77 
 
 Division I. — Time and Place of Holding. 
 
 Jn Municipalities other than Counties. Sec. 88. 
 
 In New or Altered Municipalities. Sec. 89. 
 
 Place, hoio Fixed. Sec. 90. 
 
 In Separated Townshij)s. Sees. 91, 92. 
 
 Election of Reeves, &c., in Townships and Villages. 
 
 Election Divisions. Sec. 94. 
 
 Where Flections shall be held. Sees. 95, 96. 
 
 Sec. 93. 
 
 88. The electors of every municipality (except a county) 
 shall elect annually, on the first Monday in January, (a) the 
 members of the council of the municipality, except such 
 Members as have been elected at the nomination ; {h) and 
 the persons so elected shall hold office until their successors 
 are elected or appointed and sworn into office, and the new 
 council is organized, (c) 46 V. r 18, s 88. 
 
 (a) The time deserves attention. Where time is fixed for the 
 holding of an election it is in general essential, though many of the 
 details as to the conduct of elections may be looked upon as only 
 directory. See Penni^ylvanki Dii^trict Election, 2 Par. (Pa.) 526 ; 
 ihrken Case, lb. 521 ; Commonwenlth v. Coniiuhssionerx, 5 Rawle, 
 '5. See also People v. Brtnham, 2 Cal. 477 ; People v. Fairbury, 51 
 ill. 149; Nayiies V. Washington County, 19 111. 6G; Coles County v. 
 Allison, 23 111. 437. 
 
 (6) See sec. 116. 
 
 (r) At common law the office of an alderman * * * is a 
 franchise for life though l)y prescription or charter it may be limited 
 to a detinite period, but the office was so mucli in the nature of a 
 freehold that there was an implied right to hold over unless it was 
 otherwise provided * * » _ jn this country, however, a 
 puljlic otiicc is not considered as being in the nature of the grant or 
 contract, and tlie officer as against the public, has no freehold or 
 prupeity in the oifico, and it is almost an invariable provision of law 
 
 Election to 
 be held an- 
 nually for 
 members of 
 councils of 
 inunioipal* 
 ities (except 
 counties). 
 
 Term of 
 office. 
 
 
78 
 
 THE MUNICIPAL MANUAL. 
 
 Ls. 89. 
 
 .1! 
 
 ! 
 
 are newly 
 erected or 
 extended. 
 
 Times of 
 elcctkniB, 
 
 m 
 
 First eiee- 39, In case of the incorporation of a new township or 
 corporations union of townships; or of the separation of a junior township 
 .r» n«ww fj.QT^ a union of townships ; or of the erection of a locality 
 into an incorporated village ; or of the erection of a village 
 into a town or of a town into a city ; or of an additional 
 tract of land being added to an incorporated village, town 
 or city, (d) or in case of a new division into wards of a town 
 or city, the firat election under the proclamation or by-law 
 by which the change was effected, shall take place on the 
 first Monday in January next after the end of three months 
 from the date of the proclamation, or from the passing of 
 the by-law by which the change is made, and until such day 
 the change shall not go into effect ; but the nomination of 
 candidates and the election of such officers as are unopposed, 
 may, and shall be proceeded with at the same time and in 
 the same manner as if such change had gone into effect on 
 the last Monday of the month of December preceding such 
 first election, or on such other day as the nominations may 
 lawfully be held upon, (e) 46 Y. c. 18, s. 89. 
 
 flx^byby- 90. The council of every city, town and village munici- 
 
 lawofmuni-pality (including a village newly erected into a town, and a 
 
 cipa 1 les. ^^j^ newly erected into a city), shall from time to time, by 
 
 by-law, (/) appoint the place or places for holding the next 
 
 ensuing municipal election, otherwise the election shall be 
 
 held at the place or places at which the last election for the 
 
 ' that all officers shall be elected or appointed for a fixed and definite 
 
 period. To guard agaiiisc lapses sometimes unavoidable the provision 
 is almost always made in terms that the officer shall hold until his 
 succesbor is elected and qualified * * * ^ Where in tlie 
 charter or organic law of a corporation there is an express or implied 
 restriction upon the time of holding office, as that the officers shall be 
 annually elected on a particular day * * * in such case they can- 
 not hold over beyond the next election day. * * » . Bnt where 
 by the constitution of the corporation they are elected for a term 
 and until their successors are elected, * * * ^jjgy ^g^y 
 continue to hold and exercise their offices after the expiration of tiie 
 year until tney are supersec^ed by the election ot other persons in 
 their places. See Dillon, Mun. Cor., 3rd ed., sees. 218-220. 
 
 {(I) See sec. 84 as to voters lists. 
 
 (e) The whole three months must expire. The day of the issue of 
 the proclamation or passing of the by-law as well as the day of the 
 election, must be excluded from the computation of time. See Blunt 
 v. Heslop, 8 A. & E. 577. 
 
 (/) The appointment of the place by resolution would be a nullity 
 Eeg. ex rel, Alhmaing v. Zoeger, 1 P. R. 21 9k 
 
 s. 93. J ELEc: 
 
 nninicipality 
 46 V^. c. 18, s. 
 
 91. When 
 
 100 resident f 
 
 revised aaaessm 
 
 by-law to bo pa 
 
 the same year 
 
 election of cotin 
 
 ing officer for h 
 
 the due holdiuo 
 
 c. 18, s. 91. *= 
 
 92. In case ol 
 existing division 
 same had been d 
 councillors shall 
 townships are d 
 under the provisi 
 
 93. The electio 
 reeves, deputy re 
 vote, except in th( 
 townships divided 
 or places where t\ 
 in such other plac 
 fixed by by-law. (/ 
 
 (!/) One Robert Gi 
 me between wards I^ 
 the farm included in 
 •No. 3. The townshii 
 councillors, for •« Wal 
 fffl'l, that the by-IavJ 
 property in ward No. I 
 taken place in the hoi/ 
 %. ex rel. Preston v] 
 
 (A) The time for dj 
 cannot be done after tl 
 Je construed as direcj 
 ,J^ 13 would appear to i 
 T'to play in any year ; 
 
 (;■) See sec. 94 ; geg 
 
 f) It fl-ill be observ 
 
 and in townships «oi!di^ 
 
 MweJl as councillors 1 
 
 ''^- Where the ^t 
 
 :: fi; 
 
 n 
 
 r:^ 
 
^mmm 
 
 g, 93.] ELECTION OP REEVES, DEPUTY REEVES, ETC. 
 
 municipality, or wards, or polling subdivisions was held, (g) 
 46 V. c. 18, s. 90. 
 
 7^ 
 
 ^^^""^ of union. 
 
 91. When in any year a junior township of a union has County 
 100 resident freeholders and householders on the then last appoint'" 
 revised assessment roll, the council of the county shall, by aPia««o'fl"t 
 by-law to bo passed before the thirty first day of .October, in junior'town- 
 the same year, (h) fix the place for holding the firat annual ^h^' */,^,' 
 election of councillors in the township, and appoint a return- 
 ing officer for holding the same, and otherwise provide for 
 
 the due holding of the election according to law. 46 V. 
 c. 18, s. 91. 
 
 92. In case of the separation of a union of townships, the Existing 
 existing divisions into wards, if any, shall cease, as if the Ji^m il!^' 
 same had been duly abolished by by-law, and the elections of ""'t«'J,">^«»' 
 councillors shall be by general vote, until the township or cease on 
 townships are divided into polling subdivisions or 
 under the provisions of this Act. (j) 46 V. c. 18, s. 92. 
 
 93. The election in townships and incorporated villages of Election of 
 reeves, deputy reeves and councillors, shall be by general [rtownshipa 
 vote, except in the case of deputy-reeves and councillors in »"'' i°'i*""^ 
 
 I 1 1 1 11 1 111 , ■ 1 porated Til- 
 
 townships divided into wards, and shall be held a.v the place lages to be 
 or places where the last meeting of the council was held, or vote*"*'"' 
 in such other place or places as may be from time to time 
 fixed by by-law. (k) 46 V. c. 18, s. 93. 
 
 ((j) One Robert Gillis had a farm through which ran the division 
 line l)etween wards Nos. 2 and 3. His house stood on that ])art of ^ 
 
 the farm included in ward No. 2, but his bam on the part in ward 
 Xo 3. The township council passed a by-law that the election of 
 councillors, for " Ward No. 3," should be held at " Robert Gillis's :" 
 Hflil, that the by-law must be read as meaning some part of his * 
 property in ward No. 3, and that as the election was shewn to have 
 taken place in the house without the limits of the ward, it was void. 
 %. ex rel. Preston v. Preston, 2 C. L. Chamb. R. 178. 
 
 [h] The time for doing t;ie act authorized being limited, the act 
 cannot be done after the day named, unless the language used is to 
 be construed as directory only. Davison et al. v. Oill, 1 East. Q^. 
 This would appear to be a continuing provision, liable to be brought 
 into play in any year by by-law passed before Slst October. 
 
 (j) See sec. 94 ; see also note to sec. 137. , 
 
 ({•) It will be observed that in elections in incorporated villages 
 and in townships not divided into wards, the reeves and deputy reeves, 
 ai well as councillors, are to be elected by the people, and by general 
 vote. Where the township is divided into wards the councillors. 
 
 
] 'V 
 
 : 
 
 Hi 
 
 I 
 
 
 w 
 
 80 
 
 Upon peti- 
 tion the 
 council may, 
 by by-law, 
 divide town- 
 shipH into 
 wardi, &c. 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 94. 
 
 Election of 
 ■deputy- 
 reeves, &c., 
 in Bucb case. 
 
 94. In case a majority of the qualified electors of a town- 
 ship on the last revised assessment roll i)vjtition the council 
 of the township to divide the township into wards, or to 
 abolish or alter any then existing division into wards, the 
 council shall, within one month thereafter, pass a by-law to 
 give effect to such petition ; (I) and if such petition is for 
 division into wards, shall divide such ^^ownship into wards 
 having regard to the number of electors in each ward, beiur/ 
 as nearly equal as may be, and the number of wards for 
 municipal purposes shall be four in all cases; (m) and where the 
 township is divided into wards, and is entitled to one or 
 more deputy reeves, the councillors shall, at their first 
 meeting, elect from among themselves such deputy reeve or 
 reeves. («) 46 V. c. 18, s. 94. 
 
 Election to 95, Eveiy election shall 
 munici- whicli the same relates. (0) 
 
 pality. 
 
 be held in the 
 46 V. c. 18, s. 
 
 municipality to 
 95. 
 
 elect the deputy reeves, sec. 94. Tlie iutentiun of having reeves and 
 deputy ree es elected by the people, is to prevent men from, in effect, 
 electing themselves to these offices by combining in small bodies. 
 Ti.3 intention of having a general vote is to destroy the sectional 
 strife about the expenditure of money, which often arises where each 
 councillor looks upon himselr as a representative of a particular ward 
 and not of the whole township. This section is in eliect a re-enact- 
 ment of the Act of 1866 (29-30 Vict. c. 51, s. 92). 
 
 (/) This provides for direct legislation by the electors themselves 
 in the matter to which the section has reference. It is not in tlie 
 discretion of the council to pass or refuse to pass a by-law dividing a 
 township into wards, or abolishing or altering any existing division, 
 provided a majority of the qualific<l electors petition that a particular 
 comse be adopted. In the event of such a petition being presented, 
 it is made the duty of the council not merely to pass the required 
 by-law, but to do so "within one month" after the presentation of 
 the petition. 
 
 (m) The power is limited. There must be in all cases at least four 
 wards. The number of electors in each ward should be as nearly 
 as possible eijual. Population rather than geographical situation is 
 to be regarded. 
 
 (») The rule is diflferent where one township is not divii'd into 
 w«rds. In such case the reeves and deputy reeves, as weli as coun- 
 cillors, are elected by the people. See sec. 93. 
 
 (0) It is only proper that the election for each municipality siiould, 
 for the convenience of voters, be held within the limits of that muni- 
 cipality. Cities, towns and incorporated villages are (luite distinct 
 from and independent of the townsliips in whicli they are situate. It 
 ia therefore provided by tlie next section that no elee, on of town- 
 ship councillors shall be held within any city, town, or incorporated 
 village. See note </ to see. 90. 
 
 s. 97 (2).] 
 
 96. No elect 
 within any citv 
 any election for 
 in a tavern or it: 
 sell spirituous or 
 
 Division II Rj 
 
 Whe7i election by 
 
 When not. Sec. 
 
 Death or Absence, 
 
 Authority of. gg 
 
 Special Go7istables 
 
 97.-(l) The c 
 election is to be m£ 
 from time to time 
 
 {a) The places f( 
 
 {b) The returnin 
 nominations for ea( 
 
 (c) Tlie places 
 municipality in cas 
 
 {d) The deputy 
 respective pollin" p 
 
 (2) The clerk of 
 office)' for tlie who 
 being required, the 
 him the returns for 
 divisions. 46 V. 
 
 (/)) See the last nott 
 ?) Tliere may be a t;i 
 is not licensed to sell s 
 to be included. Conti 
 invalidate the electio 
 l'.R-219;AV.x,-./. 
 (*•) An appointment 
 Mmahuj V. Zocjer, 1 
 ['<) Tlie duty of tJie r 
 ami to post up in the o 
 of tlie persons propose 
 clerk of the municipalit 
 11 
 
97 (2).] 
 
 RETUUNINO OFFICEUS. 
 
 81 
 
 96. No electiou of township councillors shall be held Election o: 
 within any city, town or incorporated village, (p) nor shall counoiiioM. 
 any election for a municipality, or any ward thereof, be held 
 in a tavern or in a house of ])ublic entertainment licensed to 
 sell s{)irituous or fermented liquors, (q) 46 V. c. 18, s. 96. 
 
 Division II. — Rktcrnino Officers and Deputy Returning 
 
 Officers. 
 
 When election by polling subdivisions. Sec. 97. 
 
 When not. Sec. 98. 
 
 Death or Absence, provision Jor. Sec. 99. 
 
 Authority of. aS'^c". 100, 101. 
 
 Special Constables. Sec. 101. 
 
 97. — (1) The council of every municipality in which the By-law for 
 election is to be made by wards or polling subdivisions, shall, ^y ^ar^°or 
 from time to time, by by-law appoint : (r) pouingr Bub- 
 
 " * ^ ' divisions. 
 
 (a) The places for holding the nominations for each ward ; 
 
 Ih) The returning officers who shall respectively hold the 
 nominations for each ward : (s). 
 
 (c) The places at which polls will be opened in the 
 municipality in case a poll is required ; 
 
 (d) The deputy returning officers who shall preside at the 
 respective polling places. ' 
 
 (2) The clerk of the municipality shall be the returning cierk of 
 
 officer for the whole municipality, and in the case of a i)oll municipality 
 . 1 .1 1 • ,». 1 11 1 . to be return- 
 
 being required, the deputy returning officers shall make to iiiR officer for 
 
 him the returns for their respective wards or polling sub- ^jp^jj'j.""'"' 
 
 divisions. 46 V. c. 18, s. 97. 
 
 [f] See the last note. 
 
 q] There may be a tavern where spirituous liquors are sold, which 
 is not licensed to sell spirituous liquors. Lieensed shops do not seem 
 to be included. Contravention of the stati'tc would, it is believed 
 invalidate the cleotion. See AVf/. ex rel. AUemainq v. Zoeqer, 1 
 I R. 219 ; Re<i. ex rel. Preston v. rre^lon, 2 0. L. Chamb. R. 178. 
 
 (/•) An appointment by resolution is not sufficient. Re<j. ex rel. 
 ikmahxj V. Zoeijer, 1 P. R. 219. 
 
 (i) The duty of the returning officer is to preside at the nomination, 
 and t') iM)at up iu the office of the clerk of the municipality the names 
 ot the persons proposed for the respective offices. Sec. 117. The 
 clerk of the nuuiicipality is the general returning officer. Seesub-s. 2. 
 
 11 
 
83 
 
 THE MUNICIPAf. MANUAL. 
 
 b- 08. 
 
 *. ' .. 
 
 .■,!? 
 
 J?l 
 
 KeturnJng 98, In the case of a municipnlity in which the election is 
 "i.ctioD/not not to hh by wards or polling subdivisions, the clerk slnill 
 ''oinnK^sub- ^^ *''® returning officer to hold the nomination of candi. 
 division*, dates at all elections after the first, {t) and shall also perform 
 
 all the duties hereinafter assigned to deputy returniiKr 
 
 officers. 46 V. c. 18, s. 98. 
 
 Th« death or 
 absence of 
 the return- 
 ing otHuor 
 or deputy 
 returning 
 officer jiro- 
 Tilled for 
 
 99. In any case where a deputy returning officer refuses 
 or neglects to attend at the time and place he is required hy 
 the returning olficer to rectlve his voters' lists, and other 
 election papers, the clerk of the municipality as returning 
 officer .shall appoint another person to act in his place and 
 stead, and the person so appointed shall have all the poweis 
 and authority that he would have had if he had been 
 appointed by by-law. (ti) In case, at the time apj)ointed for 
 holding a nomination or poll, the person appointed to le 
 returning officer or deputy returning officer has died, or does 
 not attend to hold the nomination or poll within an hour 
 after the time appointed, or in case no returning officer or 
 deputy returning officer has lieen appointed, the electors pre- 
 sent at the place for holding the nomination or poll may 
 choose from amongst themselves a returning officer or deputy 
 returning officer, and such returning officer or deputy 
 returning officer shall have all the powers, and shall fortli- 
 with pi-oceed to hold the nomination or poll, and perform all 
 the other duties of a returning officer or deputy returning 
 odicer, (v) 46 V. c. 18, s. 99 ; 50 V. c. 29, s. 4. 
 
 100. Every returning officer and deputy returning 
 Deputy Ke- officer shall, during the days of the election, or of the voting 
 
 turnlnir OfB- . . ^^ 
 
 ct iservators (0 Where the election is to be by wards or polling subilivisions, 
 of thi- peace, the councils appoint returning otHcers to hold the nominfttions and 
 JJl®'' the deputy returning officers to preside at the polling places. See 
 
 P"**"- sec. 97. 
 
 (m) This part of the section makes provision for the case of a 
 deputy returning officer who does not attend at the proper tiir.e to 
 receive the papers required for the election. In such case it is the 
 «luty of the clerk to make a new appointment. 
 
 (f) These officers, should not l>e partizans. It is the (hity 
 of such an officer to stand indifiFerent between the contending 
 parties ; to have no interests to serve for either, or for himself; to 
 approach his duty with the simple desire to do strict justice ; to be 
 ready and willing to give reasonable information as to the state of 
 his proceedings ; to conceal nothing ; to evade no proper enquiry ; to 
 mislead no one by silence, or exhibit anything calculated to deceive ; 
 and he ought not to make a pretence of strictly following the letter 
 of the law, to defeat it. Jieg. ex rel. Corbetl v. Jull, 5 P. B. 48. 
 
 Returning 
 Officers and 
 
 («•) In general, the 
 his own view. But w 
 
 byhimself, or within hia 
 of others, it is snggestec 
 and proceed as any othei 
 ^ circumstances. An e 
 ttMiilt upon a voter com 
 mtted at a distance froir 
 IS to empower the returi 
 
 pe hearing and determui 
 point of authority he is u 
 
 (r) The penalty may, i 
 Issued for in any Court 
 pvision Court. See Brc 
 
101.] 
 
 SPECIAL CONSTABLES AT ELECTIONS. 
 
 8a 
 
 of electoi*H iipon a by law, act as a conservator of the peace 
 for the city or county in wliich the election or voting is 
 held ; and he, or any Justice of the Peace having jurisdiction 
 in the municipality in which the election or voting is held, 
 may cause to 1)6 arrested, and may summarily try and punish 
 bv tine or imprisonnient, or both, or may imprison or bintl 
 over to keep the peace, or for trial, any riotous or disorderly 
 person, who assaults, beats, molests or threatens any voter 
 coming to, or remaining at, or going from the election or 
 voting ; {w) and, when thereto required, all constables and 
 persons present at the election or voting, shall assist the . * 
 
 returning officer, or deputy returning officer, or Justice of * 
 
 t!:e Peace. 46 V. c. 18, s. 100. 
 
 101. Every returning officer, or deputy returning officer, special Con- 
 or Justice of the Peace may appoint and swear in any number ^'^'^'^^"j'^ 
 of special constables to assist in the ]>reservation of the peace 
 and of order at an election or at the voting of electors upon 
 a by-law ; and any person liable to serve as constable, and 
 required to be sworn in as a special constable by a returning 
 otficer or deputy returning officer, or Justice, shall, if he 
 refuses to be sworn in or to serve, be liable to a penalty of 
 J20, to be recovered to the use of any one wlio will sue 
 therefor, (x) 46 V. c. 18, s. JOI. 
 
 Division III — Oati^s. 
 
 Of freeholder. Sec. 102. 
 Of householder or tenant. Sec. 103. 
 Of income voter. Sec. 104. 
 Oj farmer' If son. Sec. 105. 
 Aihninistering. Sec. 106. 
 
 (ic) In general, the officer will act under this section upon 
 I his own view. But when, instead of acting on facts observed 
 ))y himself, or within his own knowledge, he acts on the information 
 I of others, it is suggested that he should take a regular information, 
 ud proceed as any other Magistrate woiUd be required to do under 
 like circumstances. An example woidd be, when the complaint is an 
 BjiHilt upon a voter coming to or returning from the election, com- 
 mitted at a distance from tne poll. The main object of the section 
 is to empower the returning officer to act promptly on the spot in 
 tlie liearing and determining of offences occurring at the poll ; but in 
 I point of authority he is not so restricted. 
 
 . ix) The penalty may, it is apprehended, though not so expressed, 
 tie sued for in any Court of competent jiirisdiction, for instance, in a 
 Division Court. See Brash q. t. v. Taggart, 16 U. C. C. P. 415. 
 
Hi 
 
 Oath*, etc., 
 of perion 
 olaimlDgto 
 vote M a 
 flrveboldor. 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 102. 
 
 103.] 
 
 OATl 
 
 p ir 
 
 h 'm 
 
 Ki;f/ 
 
 102. Tlie only oaths or affiimutions to be required of a 
 perHon claiming to vote in respect of a freehold, shuU he as 
 i'ollows, or to the like effect : (y) 
 
 You Hwcnr (or suloinnly affirm) th'*t you aro tho peraoii named, or 
 purporting to lio uainud in thu liaf {or supplementary liBt) of vutvri 
 now hIiowu to you (z) {nhewiiii/ the list to the voter) ; 
 
 (In the. cane, of an inimnrriec' woman or widoiv claiming to vote.) 
 That you aro unmarried {or a wiJow, as the rase viay be ;) 
 That you are in your own riglit (or your wife ia) a freeholder ; («) 
 
 That you are a natural horn (or naturlized) suhjectof Her Majeaty 
 (b) and of tho full age of twenty-one years ; (c) 
 
 (In the case of Municipalitiea not divided into wardn.) That you 
 have not voted before at this election, either at this or any uthur 
 polling place ; 
 
 (In thr ca/te of mnnicipalHiendivided into wards. J That you have not 
 voted before at thia election, either at this or any other poUiiig 
 place in this ward and (it' the elector is tendering his vote for nwyor 
 were, or deputi/ reeve) that you have not voted before or elsewhere 
 in this municipality, at this election for mayor, reeve or deputy 
 reeve, nv the case may be) ; 
 
 That you have not directly or indirectly received any reward or 
 gift, nor do you expect to receive any, for the vote which you tender 
 at this election ; 
 
 That you have not received anything, nor has anything been prom- 
 ised to you, directly or indirectly, either to induce you to vote at this 
 election, or for loss of time, travelling expenses, hire of team, or .iny 
 other service connected with this election ; 
 
 And that you have not directly or indirectly paid or promised 
 anything to any person, either to luduce him to vote or refrain from 
 voting at this election : 
 
 So help you (iod. 
 
 (y) It was at one time held that the swearing falsely at an election 
 of alderman for the city of Toronto by a person that he is the person 
 described in the list of voters entitled to vote was not perjury, 
 Thomas v. I'latt, 1 U. C. Q. B. 217. 
 
 (;) A returning officer who receives illegal votes, not on his list, 
 may be made to pay costs. Reg. ex rel. Johnson v. Mtirnei/, 5 U. C. 
 L. J. S7. See further Jieg. ex rel. Totten v. Benn, 4 U. C. L. J. 
 162. VN'here a voter has parted with the property in respect of 
 which he votes, though on the list he has no legal right to vote. Jif(j. 
 ex rel. Liitz v. Ho/tkins, 7 U. C. L. J. 152. If a returning officer, 
 upon discovering an error in the entry of a vote, has the power to 
 make the necessary correction, he must make it promptly, and only 
 in a case where the error is beyond doubt. lb. 
 
 (a) See note h to sec. 79. 
 
 (,';) See note b to sec. 73. 
 
 (c) See note b to sec. 79. 
 
 (/» the case of ( 
 aMi^iiiient roll, t/iei 
 m tij/iring to vote 
 in re.^pecl oj which 
 32, s. 4. 
 
 103. The oath 
 
 clflimiiig to vote 
 followH, or to tho 
 
 Vou swear (or soh 
 
 purporting to be nat 
 
 \w\\ shewn to you (s 
 
 (In the case of at 
 
 That you are unmart 
 
 TImt on the 
 III III! clirh of (he tniii 
 ndiidii and con-ecti'ji 
 m'd lit (he election is 
 faitli, poMsessed to yoi 
 of tilt) real estate m 
 swl list ; (/) 
 
 Tli.it you are (or yoi 
 miiiiiciltality ; 
 
 Tii.'it you have bee 
 iiidntli next before thii 
 
 Tliiit you are a nfl 
 Miji'sty, (h) and of th 
 
 \l» IIk' case of munic 
 not voted before .it thi 
 
 pliit'y ; 
 
 (In the case of vinnii 
 iii.t voted before at thi 
 place in this ward, an( 
 
 1 rteie, or deputy reeve) t 
 tlii.< uuuucipality at th 
 
 I m the cast may be) ; 
 
 That you have not, d 
 Ifitt, nor do you expect 
 [itthi." election ; 
 
 That you have not re^ 
 [isedtoyou directly orii 
 I ek'tion, or for loss of til 
 I other service connected 
 
 ((/) See note i to sec. 
 (") «ee note = to sec. l| 
 (/■) 'See note j to sec. 7[ 
 (y) See note A to sec. 
 lAl See note b to sec. 
 (I) See note b to sec. 
 
8. 103.] 
 
 OATH or IIOUSEnOLDKR OR TKNANT 
 
 80. 
 
 (/« thf eaaf of a new miiuiri/MtUfi/ in v>hidi thfrf hnn not heen nnii lnn«w 
 ^,t,M)tient roll, then WHlenil of referriin/ l» tin lint of ro/r,:t, lliv per- '^,","„''no "'^ 
 joH ojI'ifiHi) to vote may he required to Hliitr hi tin oiith thi' jirn/Htii/ uH«Miiuint 
 j„ ,y,i/»'f< oj which he claiinH to vote.) •10 V. c. 18, 8. 102; 47 V. c. roll. 
 
 32, 8. •*• 
 
 103. Tho oath or affirmiitioii to be required of a person 2**h of 
 clniniiiig to vote ns liouHoliolder or tenant, ((/) hIuiII bo ubortonoDt, 
 followH, or to the like eftect : 
 
 You Hwear (or solemnly aflirm) tliat you are tho peraon named, or 
 purpoi't'i"^ to bo namutl, in thu Hut (or HuppleintMitary list) of voters 
 ,i(i\v shewn to you (shtwiuij the lint to the voter) ; (v) 
 
 [In the. cane of an unmarried woman or widow clainiinij to vote.) 
 That you are unmarried (or a widow, ax the case may be) ; 
 
 'Hiat on tiio day of 18 (th<' day rrrtified 
 
 ly Iht- clirk of the municipality an the date of the return, or (f the final 
 ptwi'o/i and correction of the asnesHVK nt roll uiion which the rulers' lint 
 ii>,(/ id (he election in lKi.<<ed) you were actually, truly, and in good 
 fiiitli. possessed to your own use and benefit, as tenant or occupant, 
 gi tiii^ real estate ill rcopect of which your luuue is enteitil on tho 
 saiil list ; (/) 
 
 That yi)U are {or your wife is) a householder or tenant within ♦^his 
 iiuuiicipality ; 
 
 TliJit you have been resident within this municii)ality for one 
 month next before this election ; (y) 
 
 Thiit you are a natural-born (or naturalized) subject of Her 
 j[;,jesty, (h) and of tho full age of twenty -one years ; (/) 
 
 [Ju the case of mnnicipalitiei> not diridedjnto wai'ds.) 'J'hat you liave 
 not voted bef )re .it this election, either at this or any other polling 
 place ; 
 
 (In the cai^e of municipalities divided into wai-dn. J That you have 
 not voted before at this election, either at this or any other j)olliiig 
 phif in this ward, and (If the elector ix tendering hix vote for mayor, 
 tar'', or deputy reeve) that you have not voted before or elsewhere in 
 tliis muuicipality at this election for mayor (reeve, or tleputy reeve, 
 us the cane may he) ; 
 
 That you have not, directly or indirectly, received any reward or 
 Ifiit, nor ilo you expect to receive any, for the vote which you tender 
 1st thi*' election ; 
 
 That you have not received anything nor has anything been prom- 
 I iseil til you directly or indirectly, either to induce you to vote at this 
 ek'ctioii, or for loss of time, travelling expenses, hire of team, or any 
 1 other service connected with this election ; 
 
 ((/) See note » to sec. 79. 
 
 [f] See note z to sec. 102. 
 
 [f) See note i to sec. 79. 
 
 ((/) Sec note h to sec. 79. ' 
 
 [h] See note b to sec. 73. * 
 
 (i) See note b to sec. 79. 
 
 .•:4-.!tfj 
 
86 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 103. 
 
 il «■ 
 
 In new mu- 
 
 nieipality 
 where no 
 assessment 
 roll. 
 
 Oath of in- 
 come TOter 
 
 ! V rr ;'■ 
 
 
 
 And that you have not directly or indirectly paid or promised any- 
 thing to any person either to induce him to vote or refrain from vot- 
 ing at this election : 
 
 So help you God. 
 
 {Ih 'he caee of a neio municipality in which there has net been any 
 axHeHsment roll, then, instead of swearing to residence for one month 
 next /tefore the election, and referring to the list 0/ voters, the peraoii 
 ujf'erimj to vote may he required to state in the oath the properly in 
 respect of which he claims to vote, and that he is a resident of such 
 inunicipality.) 4G V. c. 18. s. 103; -i? V. c. 32, a. 4. 
 
 I 
 
 104. The path or affirmation to be required of a person 
 clainiJi)^ to vote in respect of incoiiic ahall be as follows: 
 
 You swear (or solemnly affirm) that you are the person named (or 
 purporting to be named by the name of ) on the list (or 
 
 supplementtiry list) of voters now shewn to you (shewing the list to 
 the voter) ; (j) 
 
 (In the case i>j' a widow or unmarried woman claiming to vote.) 
 That you are unmarried (or a widow, as the case may be) ; 
 
 That oil the day of 18 {the day certified by the 
 
 clerk of tht viunicijxility as the date of the final revision and co)-rectio>i 
 of the assessment roll np^n which the voters' list -used at the election U 
 based) you were, and thenceforward have been continuously, and still 
 are, a resident of this township (city, town or village, as the cow 
 may be) ; (k) 
 
 That at tlie said date, and for twelve months previously, you were 
 in receipt ol' an ii.oonie from your trade (office, calling, or profession, 
 as the case may he) of a sum of not less than $400 ; 
 
 That you are a subject of Her Majesty by birth (or naturalization 
 as the case may be).; (I) and are of the full a^e of twenty-one years ; (vi) 
 
 (In the case of miLiicipalitiei' not divided into wa^ds.) That you 
 have not voted before at this election, either at this or any other i 
 polling places ; 
 
 (In the case of municipalities divided into wards.) That ynu j 
 have not voted hofore at this election, either at this or any other j 
 p')lling place in this ward ; and (if the elector is tendering his vokl 
 for mayor, reeve or deputy reeve) that you have not voted before I 
 or elsewlie.e in this muiiicipality at this election for mayor, reeve orj 
 deputy reeve, as the case may be) ; 
 
 That you have not received anything, nor has anything been prom- 
 iseii you, eiilier directly or indirectly, either to induce you to voteati 
 this eleotidii, or for loss of time, travelling expenses, hire of team, orJ 
 any other st.vioe connected with this election ; 
 
 And that you have not, directly or indirectly, paid or prou'lised 
 anything to any person, either to induce him to vote or refrain fron 
 voting at this election : 
 
 (j) See note z to sec. 102. 
 (k) See note h to sec. 79. 
 (/) See note b to sec. 73. 
 (m) See note b to sec. 79> 
 
 s, 106.J 
 
 So help you God 
 
 106. The oath 
 son claiming to 
 
 You swear (or so] 
 purporting to be nar 
 supplementarv list) < 
 
 voter); (0) ' 
 
 'I'liat on the 
 clerk of the municipal 
 ion and correction o' 
 iiml at tJie election is 
 01 her), was actually 
 onu use and benefit 
 tate m respect of whi( 
 ist of voters ; 
 
 That you are a son, 
 
 Tliat you rerided 
 
 before the said day nc 
 
 temporarily, and not i 
 
 That you are still a 
 
 vote at this election ; 
 
 That you are a subje 
 
 (i> tht case may he); an, 
 
 h the case of munic 
 
 have not voted before d 
 
 polling place ; 
 
 [I<\thecaseofmunicin, 
 roted before at tliis elec 
 
 in this ward, and (i/V/te 
 i>P>U!l reeve) that you 
 municipality at tiiis elec 
 
 '(i«f may be) ; 
 
 That you have not rec 
 jL|«iyou, directly or in.l, 
 [election, or for Joss of ti, 
 
 otiier service connected 1 
 
 ! And that you have not 
 liliing to any perso,, eit 
 Ivutmg at tbii election 
 So help you God. 
 
 106. Such oaths "or 
 
 tfe returning officer o 
 
 Y^^ be, at the renues 
 
 h?e.)t, and no inquirie 
 
 <n) See sec, 80. 
 
 (0) See note z to sec. 1( 
 
 I fT Wil ^ J.t 
 
ADMINISTRATION OF OATHS. 
 
 87 
 
 s. 106.] 
 So help you God. 46 V. c. 18, a. 1C4 ; 47 V. c. 32, s. 4. 
 
 105. The oath or affirmation to be required from a farmer's ^**^e°fggon 
 sou claiming to be entitled to vote (w) shall be as follows: 
 
 You swear (or solemnly affirm) that you are the person named {or 
 purporting to be named by the name of ,) in the list or 
 
 jupplementary list) of voters now shewn to you {nhe-^Jiny the list to the 
 
 toO'i-y, (o) f 
 
 That on the day of , 18 (the day certi^ed by the 
 
 ctei-k of the municipality as the date of the return, or of the fined re\nts- 
 ion and correction o:' the atst'sument roll upon which the voters' ilH 
 ,0(1 at tlie election is boned, ax tlie cane requireii), A. B. (naming him 
 0) h<^r), was actually, truly, and in good faith possessed to his (r>r her) 
 own use and benefit as owner, as you verily believe, of the real es- 
 tate in reapect of which your name is so as aforesaid entered on said 
 ist of voters ; 
 
 That you are a son of the said A. B. ; 
 
 That you reiivled on the said property for twelve months nexi 
 before the said day, not having been absent during that period, except 
 temporarily, and not more than four months in all ; 
 
 That you are still a resident of this municipality, and entitled to • 
 
 vote at this election ; 
 
 That you are a subject of Her Majesty by birth (or naturalization 
 o,« the case may he) ; and are of the full age of twenty-one years ; 
 
 III the case of municipalltieii not divided into wards.) That you 
 have not voted before at this election, either at this or any other 
 I polling place ; 
 
 (1)1 the case of municipalities divided into wards.) That you hu,xn no 
 
 1 voted before at this election, either at tliis or any other polling place 
 
 I in this ward, and (if the elector is tendering his vote for mayor, r:'(ive, or 
 
 {ypidji reeve) that you have not voted before or elsewhere in the 
 
 municipality at this election for mayor (reeve, or deputy reeve as the 
 
 \ (die may be); 
 
 Tiiat you have not received Jinytliing, nor has anything been prom- 
 lisedyou, directly or indirectly, either to induce you to vote at this 
 hltction, or for loss of time, travelHng expenses, hii'e of team, or any 
 I other service connected witli this election ; 
 
 And that you have not directly or indirectly paid or promised any- 
 liliing to any person either to induce him to vote or refrain from 
 Ivutiug at thib election : 
 
 So help you God. 
 
 46 V. c. 18,8. 105. 
 
 106. Such oaths "or affirmations shall be administered by ^h«n and 
 Itbe returning officer or deputy returning officer as the case 9",'to°b«i * 
 Imiiy be, at the retjuest of any candidate or his authorized '■Jra^nis- 
 |as;ei)t, and no iiuiuiries shall be made of any voter, except 
 
 Bail. ' !;■'•£' M 
 
 (ii) See sec, 80. 
 
 (o) See note z to sec. 102. 
 
88 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 106. 
 
 Meeting: to^ 
 nominatioD 
 uf mayor, 
 reeve, 
 deputy 
 reeves, etc. 
 
 with respect to the facts specified in such oaths or aflGirnia- 
 tions. ip) 46 V. c. 18, s. 106. 
 
 Division IV. — Proceedings Preliminary to the Poll. 
 
 Nomination Meetings. Sees. 107,-111. 
 
 Presiding Officer. Sees. 108, 110, 114. 
 
 Provision for Christmas Day Sec. IT. 2. 
 
 Interval between Nomination and Election in Townships 
 
 Sec. 113. 
 Notice of Nomination. Sec. 115. 
 Proceedings at Nomiantion. ^S'ec. 116. 
 Poll, when and ivhere to be held. Sec. 116. 
 Resignations — Notifications as to Candidates. Sec. 117. 
 Votes to be given by Ballot. Sec. 118. 
 List of Defaulters in jiayment of Taxes. Sec. 119. 
 Ballot Boxes. Sec. 120. 
 Ballot Papers. iS'ecw. 121-123. 
 Polling Places. Sees. 124, 125. 
 Ballot Papers, Voters'' Lists, etc. to he furnished to DepuUj 
 
 Returning Officers. Sees. 124, 126, 120-132, 135. 
 Di}'ections to Voters. Sees. 126, 127. 
 Voters' and Defaulters' Lists. aS'scs. 128-134. 
 Certificates as to the Assessment Roll. Sec. 135. 
 In Munici/>alities not divided into Wards, Clerk to perform 
 
 duties of Deputy Returning Officer. Sec. 136. 
 Where Electors mnij vote. Sers 137-141. 
 Penalty for voting twice for mayor, etc. ^ Sec. 140. 
 
 107- — (1) A meeting of the electors .shall take plrce for 
 the nomination of candidates for the office of mayor in cities. 
 and for mayor, reeve and deputy reeves in towns, [q) at the 
 
 (/)) The returning officer should, on request of either of the candi- 
 dates or his agent (whether such agaut boor be not a duly qualified 
 elector), administer the necessary oaths or atfirmations. Eetj ex.rel. 
 Oardeiipr v. P:'rry., 3 U. C. L. .T. 90 : see also Rfjj. v. Spaldiixj, Car. 
 & M . .'568. The refusal of an elector to take the oath is, if the re- 
 lator would otherwise have had a majority, a good ground for settinaf 
 aside the election. Be(). ex rel D'llon v. McNeil, 5 U. C. C. P. 137. 
 See as to prosecutions for false oaths, under^nactments corresponding 
 to the above, the following cases : Ifef/. v. Dndsworth, 2 Moo. & 1!. 
 72 ; 8 0. & P. 218, where form of indictment is given. See further, 
 Rpg. V. EllU, Car & M. 564 ; Reg. v. Thompson, 2 Moo. & R. .355, as 
 to the evidence. 
 
 (q) A nomination is a resolution submitted to the electors that the 
 party named is a candidate for their suffrage for an office named. Kiij. 
 ex rel. Corbett v. Jull, 5 P. R. 47. See further, note d to sec. Ufi. 
 
 s. 108.] 
 
 hall of the m 
 month of Decei 
 noon, (s) and t 
 second, third, e 
 46 V. c. 18, a ] 
 
 (2) The coun 
 wai'ds niay^ hy 1 
 cillors for the se 
 and place as the 
 
 reeve. 
 
 (•') Where no 
 councillors in su 
 section 109 of th 
 
 (i) Notwithstii 
 council of any h 
 provide that the 
 or reeves and co 
 o'elock in the eve 
 tliis Act mentionei 
 
 108. The cleik 
 
 officer to preside a 
 
 ^ the council shall a 
 
 I and if the clei-k oi 
 
 tlie electors present 
 
 ciate from amon^r 
 
 s.'i ill have all the 
 
 c. 18,.s. 108. 
 
 , ('•) The sessions of 
 J the assembly appoint* 
 I the place of meeting 
 lofficers, but the polfd 
 I the house of one in 
 Iteen rods distant fror 
 I the place named in th 
 |]"urned to meet at thl 
 I W place. The elect 
 pugs. N. B. 389. 
 
 J W If, through some! 
 IB stake the day of eld 
 W that At. election 
 "'V V. Bradford, 20 
 
 111'? '^''? *'"""cil shoul 
 FapprehemledorexD/ 
 present nx,,y choose T 
 
s. 108.] 
 
 NOMINATION MEETINQS. 
 
 8» 
 
 hall of the municipality, (r) on the last Monday in the 
 month of December, annually, at ten of the clock in the fore- 
 noon, («) and the deputy-reeves shall be designated as first, 
 secoacl, third, etc., according to the number to be elected. 
 46 V. c. 18, s. 107. 
 
 (2) The council of any incorporated town, divided into Nomination* 
 wanls may, by by-law, provide that the nomination for coun- lors in 
 cillors for the several wards shall be held at the same time *'""'*• 
 and place as the nomination for mayor, reeve and deptity- 
 
 reeve. 
 
 {?>) Where no such by-law is passed the nomination of 
 councillors in such town shall take place as provided by 
 section 109 of this Act. 
 
 (4) Notwithstanding anything herein contained, the 
 council of any incorporated town or village may by by-law ' 
 
 provide that the nomination for mayoi*, reeve, deputy-reeve 
 or reeves and councillors may be held at half past seven 
 oVlock in the evening instead of at the hours and times in 
 this Act mentioned. 51 V., c. 28, s. 10. 
 
 108. The clerk of the municipality shall be the returning The clerk to 
 officer to preside at such meeting, or in case of his absence, reside. 
 the council shnli appoint a person to preside in his place ; 
 and if the clerk or the person sc appointed does not attend, Chaimian. 
 the electors present shall choose a chairman or person to offi- 
 ciiite from among themselves, and such clerk or chairman , 
 
 s!i;dl have all the powers of a returning officer. (/) 46 V. 
 ic, 18,s. 108. 
 
 (/■) The sessiona of the county of St. John had pursuant to act of 
 I the assembly appointed a certain school-house in the parish of L. as 
 [the place of meeting for the no7.iination of candidates for parish 
 
 leers, but the poll clerk gave a notice for the meeting to be held at 
 Ithe house of one C, in the same settlement and not more than seven- 
 Iteen rods distant from the school-house. The parishioners met at 
 I place named in the notice, organized the meeting, and then ad- 
 Ijoumed to meet at the school-house where the election afterwards 
 Itook place. The election was held to be void. Bx parte Hoblnsony 
 |3Pugs. N. B. 389. 
 
 («) If, through some blunder, the majority of the electors M'ere to 
 Imijtake the day of election, and abstain from voting, it niight be 
 Ihelil that an election by the minority would not be a valid election. 
 K ;/ V. Bradford, 20 L. J . Q. B. 226. 
 
 (() The council should provide for the absence of the clerk, if at 
 1 apprehended or expected. Should they fail to do so, the electors 
 breaeut may choose a chairman. Should the electors do so, it is 
 12 
 
:90 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 109. 
 
 ^IVl^^SJ" 109. A meeting of the electors (u) shall take place for 
 etc. for Doni- the nomination ot candidates for the omces of alderraen 
 iJdern°er^ in cities, councillors in towns, and of reeves, deputy-reeves 
 eti, and councillors in townships not divided into wards, and 
 
 incorjioi ated villages at noon, on the last Monday in Deccni- 
 ber annually, at the town hall of such municipalities or at 
 such place therein, and in cities and towns, at such places in 
 each ward thereof, as may from time to time be fixed by by- 
 law, subject in the case of townships to the provisions of 
 section 111, and the deputy-reeves shall be designate<.i a,s 
 first, second, third, etc., according to the number to lie 
 elected, and the hour for the nomination of candidates for 
 the offices of aldermen in cities, may, in and by the by-law 
 fixing the places for such nomination, be fixed at half-past 
 seven o'clock in the evening, instead of at neon, (v) 46 V. c 
 18, s. 109; 51V. c. 28, s. 11. 
 
 submitted the chairman so chosen would have a right to conduct the 
 nomination to its termination, notwithstanding the presence in the 
 meantime of the clerk, or a person appointed by the council as his 
 substitute. The electors under this section are not apparently 
 required to wait before making an appointment as they are under 
 sec. 99. The proceedings at the meeting, if not presided over by 
 ^ the officer or person assigned, would in all probability be held abso- 
 lutely void. '■ It cannot be a mere matter of procedure or form, 
 that tliere should be no person presiding at the meeting in whom is 
 vested the authority for conducting the election and for maintaining 
 ]jeace aud order, to whom the legislature has entrusted the counting 
 of votes and certifying the result. In the absence of any such person, 
 I do not see how a poll can be taken, or the result legally ascertained. " 
 Per Draper, C. J., In re Hartley and Emily, 25 U. C. Q. B. 15. 
 "The Legislature says, and I must take it, for very good reasons, 
 that the election is to be conducted by a particular officer, and then 
 another person goes and conducts it. Even if I had a discretion, I 
 should not exercise it in supporting such a practice. It is very much 
 the same as if a cause was referred to a barrister, and he were to go 
 away for his own pleasure and leave it to his clerk, and then it was 
 said that the award was good because it was made just as well as if 
 it had been made by the barrister. Or if a cause was to be heard by 
 a Judge, and he left it to one of the masters, he might conduct it 
 just as well as the Judge, but that would not do." Ptr Crompton, 
 J., in Reg. v. Backhoiu^e 12 L. T. N. S. 579. See further 
 Pickering v. Jaineit, L. K. 8 C. P. 489. 
 
 (u) A meeting of the electors means a coming together of the 
 electors. The attendance of one person only could not be a meeting. 
 See Sharp v. Dawen, 2 Q, B. D. 26. 
 
 {v) It will be observed that the change of time now provided for, 
 must be made in the by-law fixing the places of nomination. 
 
 s. 113.] 
 
 .1 10. In town! 
 candidates for th 
 the clock in the 
 (x) at such place 
 be fixed by by-lai 
 (j) the nominatio 
 to be elected for 
 town hall of the 
 or in each ward s 
 to the provisions 
 
 111. Where a 
 such township adj 
 porated village, si 
 by by-law as the ] 
 (lidates for the offic 
 as the case may b< 
 ions of the precedi 
 
 8.5. 
 
 112. When the 
 Christmas Day, th 
 of raayor and aldei 
 reeve and council] 
 on the preceding 
 manner prescribed 
 
 113.— (1) Ever 
 or before the first 
 day for the noraina 
 and councillors in 
 but one in Decemh 
 latiag to municipa 
 such townships. 
 
 (w) See note q to s< 
 
 (x) See note « to se< 
 
 (y) See note r to se 
 
 (:) See note t to Be( 
 
 (o) Formerly persoi 
 nominated at the sau 
 was some confusion 
 offices, the design of 
 viding that nominatio 
 noon, and the uomina 
 
113.] 
 
 NOMINATION HRETINQS. 
 
 91 
 
 110. In townships divided into wards, the nomination of i"*®^?"- 
 candidates for the office of reeve (w) shall be held at ten of into ward*. 
 the clock in the forenoon on the last Monday in December, 
 
 Ix) at such place in the township as may from time to time 
 be fixed by by-law, (y) and the township clerk shall preside ; 
 (s) the nomination of Candida' es for the office of councillor, 
 to be elected for each ward, shall take place at noon, at the 
 tov<rn hall of the to^vnship or at such place in this township 
 or in each ward as may be fixed by by-law subject, however, 
 to the provisions of section 111. (a) 46 V. c. 18, s. 110. 
 
 111. Where a township is so situated that the territory of pi*«? <>' 
 such township adjoins the limits of any city, town or incor- nomination 
 porated village, such city, town, or village maybe designated "j^"**"*"' 
 by by-law as the place of meeting for the nomination of can- 
 didates for the offices of reeves, deputy-reeves, and councillors, 
 
 ss the case may be, under and in accordance with the provis- 
 ions of the preceding two sections of this Act. 48 V. c. 39, 
 
 8.5. 
 
 112. When the last Monday in December happens to be h nomin- 
 Chiistmas Day, the nomination of candidates for the offices **{{*g"on*'' 
 of mayor and aldermen in cities, and of mayor, reeve, deputy- ciiristmag 
 reeve and councillors in other municipalities, shall take place ^^'' 
 
 on the preceding Friday, at the times and places and in the 
 manner prescribed by law. 46 V. c. 18, s. 111. 
 
 113. — (1) Every county council may, by by-law, made on County 
 or before the first day of July in any year provide that the ^""^y^^jj^^^y 
 day for the nomination of candidates for reeve, deputy-reeves, lengthen 
 and councillors in townships shall be upon the last Monday n^inauon 
 but one in December, but all the other provisions of law re- ?"? ?•>•""? 
 
 . . ' . ' , I . . In townBhi)»s 
 
 lating to municipal elections shall apply to the elections in 
 such townships. 
 
 (w) See note q to sec. 107. 
 
 (x) See note « to aec. 107. . •" 
 
 (y) See note r to sec. 107. ; ,., ' 
 
 (:) See note t to seu. 108. 
 
 (a) Formerly persons to fill the oflBce of reeve and councillors were 
 nominated at the same time and place. The result was that there 
 was some confusion as to the different persons to fill the different 
 offices, the design of this section is to avoid such confusion by pro- 
 viding that nominations for reeve shall be at 10 o'clock in the fore- 
 uoon, and the nomination for councillor at noon. 
 
 -if , ' ^ J 
 
 A^10^' i'' 
 
f i 
 
 i t 
 
 I i 
 
 9-2 
 
 THE MUNICIPAL MANUAL. [s. 113, (21 
 
 ii^to°be^' ^^) Forthwith, after the passing of such by-law, the county 
 Bent to town- clerk shall transmit a copy thereof, to the clerks of the town- 
 ffied, s^iP"* *o which the same relates. 46 V. c. 18, s. 112. 
 
 PrenidiDg 
 offlour. 
 
 theruto. 
 
 114. The returning officer appointed for each ward, as in 
 section 97 mentioned, or the clerk as the case may be, shall 
 respectively preside at the meeting for the nomination of 
 candidates, and in case of the absence of such pi esiding offi- 
 cer, the meeting may choose a chairman (b) 4G V. c. 18 s 
 113. 
 
 Notice of 115. The clerk or other returning officer whose duty it 
 
 meeting. is to preside at the meeting for tlie nomination of candidates 
 
 shall give at least six days notice (c) of such meeting. 46 
 
 V. c. 18, s. 114. 
 
 Nomination 116. At the said meetings, the person or persons to fill 
 fngs fndtoat ^^^^^ Office, shall be proposed and seconded seriatim ; (d) and 
 if only one candidate for any particular office is proposed 
 the clerk or other returning officer or cliairman, shall, after 
 the lapse of one hour from the time fixed for holding 
 the meeting, declare such candidate duly elected for siieh 
 office, (e) But if two or more candidates are proposed for any 
 
 (6) See note t to sec. 108. 
 
 (c) This means six full days. In re Sams v. Toronto, 9 U. C. Q. 
 B. 181. Where a statute says a thing shall be done jo many days, 
 or so many days at least, before a given event, the vtay of the thing 
 done and that of the event must both be excluded. Heg. v. Shrop- 
 shire, 8 A. & E. 173 ; Mitchell v. Foster, 9 Dowl. 527. A notice of 
 *' ten days at least " for a hearing, means that there shall elapse at 
 least ten periods of twenty-four hours each between the day of the 
 delivery and the day of hearing. Norton v. Salisbury, 4 C B. 37. 
 It means ten clear, full and complete days, and not nine days and 
 fractions of other two days. Adey v. HiU, 4 C. B. 40. See further 
 Hotofs V. Peirce 1 C. P. D. 670. 
 
 (d) Where more persons are proposed and seconded than necess- 
 ary, and, after polling commenced, all except the necessary number 
 retire, it would seem that the returning ofbcer cannot close the 
 poll unless under the circumstances mentioned in this section. See 
 Beg. ex rel. Home v. Clarke, 6 U. C. L. J. 114. The election is 
 commenced when the returning officer receives the nomination of 
 candidates. Herj. v. Cowan, 24 U. C. Q. B. 606. 
 
 (e) By allowing an hour to elapse between the nomination and the 
 proceeding to close the election in case of no further nominations, 
 the Legislature means to protect the electors against haste and sur- 
 prise. Reg. ex rel. Ccrbett v. Jull, 5 P. R. 48. Unless an op- 
 
 Sortunity be given to the electors present to express their assent or 
 ibsent, there cannot be said to be an election by acclamation. lb. 
 
8. 117.] 
 
 RESIGNATION OF CANDIDATES. 
 
 93 
 
 particular office, and if a poll is required by them respect- 
 ively, or by any elector, the clerk or other returning officer Poll when 
 orchaiiman shall adjourn the pi'oceedings for filling such ^ held!" *** 
 office until the first Monday in J anuary next thereafter, when 
 a poll or polls shall be opened in each ward or polling sub- 
 division, at such place or places respectively as may be fixed 
 by the by-law of the said councils for the election, at nine of 
 the clock in the moiming, and shall continiie o|)en until five 
 of the clock in the afternoon, and no longer, (/) 46 V. c. 
 18, s. 115. 
 
 117. At t'iO nomination meeting or at any time within two Resignation 
 (lays thereafter, any person proposed for one or more offices p'^^l^Vr 
 may resign, or elect for which office he is to remain nominated; office »t">om- 
 aud in default he shall be taken as nominated for the office meetingi. 
 in respect of which he was first proposed and seconded ; (j^) 
 
 {/) Where a poll is demanded the election commences with it as 
 being the regular mode of popular election. In the nature 
 of things the demand for a poll never is made, nor can it reason- 
 ably be expected to be made until the necessity for such de- 
 mand arises, that is until one of the contending parties is dissatisfied 
 with the decision of the chairman upon the show of hands. Per 
 Tindall, C. J., in Campbell v. Maund, 5 A. & E. 881. The polling 
 ig a continuation of the proceedings initiated by the nomination. 
 See Reg. v. Archdeacon of Chester, 1 A. & E. 342. Where a poll is 
 granted a poll mast be had even although all the candidates except 
 one after the nomination and before the polling decline the 
 contest. Wexford Election, L. R. 3 Ir. C. L. R. 612 ; lieg. v. Cooper, 
 U R. 5 Q. B. 457. At a township election after the nomination of 
 several candidates the returning officer adjourned to another room to 
 receive votes, but none were tendered. He then closed the polL 
 Edd, the election M'as void. Ken. ex rel. Smith v. Blouse, 1 
 P. R 180. It is necessary that during the hours for polling the 
 electors should have free access to the polling places. The fact that 
 a large number of duly qualified electors could not catrt their votes, 
 is a sufficient reason for setting aside an election, if the result would 
 have been affected by the unpolled votes. ]{e<f. ex rel. Davir. v. 
 \\'\\mn, 3 U. C. L. J. 16.5 ; See further, Rer). ex rel. Kirk v. Assel- 
 ttine, 1 U. C. L. J. 49 ; /rey. ex rel. Oibbs v. Branigan, 3 U, C. L. J. 
 m;Anon. 8 U. C.L.J. 76. 
 
 (;/) It may be that the same person is qualitied to fill incompatible 
 offices, such as reeve, deputy reeve, and councillor, and has be<sn 
 nominated for more than one of these offices. A person so nominat- 
 ed must elect for which office he is to remain nominated. If he fail 
 to do 80, he is to be considered as nominated only for the office for 
 which he was first proposed and seconded. This provision is abso- ^ 
 
 lately necessary to avoi(l entanglement. A candidate proposed for 
 only one office may also resign, with the consent of hij proposer and 
 lecomler and of the electors present. Beg. ex rel. Coyne v. (Viixholmy 
 5 P. R. 328. 
 
 
94 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 117. 
 
 Proviso. 
 
 ProTiio. 
 
 Preparation 
 of list of 
 tiefiulter*. 
 
 the clerk or other returning officer or chairman shall, on the 
 day following that of the nomination, post up in the office of 
 the clerk of the municipality the names of the persons pro- 
 posed for the respective offices ; (h) pj'ovided always that the 
 resignation after the nomination meeting of any person so 
 proposed shall be in writing, signed by bim and attested by 
 a witness, and shall, within said two days, be delivered to 
 the clerk of the municipality; provided also, that if, by 
 reason of such resignation only one candidate remains pro- 
 posed for a particular office, the clerk or other returning 
 officer shall declare such candidate duly elected for such 
 office. 47 V. c, 32, s. 5. 
 
 Votes to be 118- In uase ox a poll at an election of persons to serve 
 by ballot. Jq niunicipal councils, the votes shall be given by ballot. 46 
 V. c. 18, s. 117. 
 
 Lift of Defaulters in Payment Taxes. 
 
 119. — (1 ) On or oefoie the day of nomination of candiddtes 
 if the collector's ro^. has been returned to the treasurer of 
 the municipality, the treasurer shall prepare and verify ou 
 oath, or if the collector's roll has not been so returned, tlie 
 collector shall prepare and verify on oath, a correct alpha- 
 betical list of — 
 
 (a) All persons who, being on the voters' list (that is 
 to say the first and se(.ond parts thereof) by reason of 
 their income only, have not paid their municipal taxes 
 on such income on or before the 14th day of December 
 preceding the election ; and 
 
 (A) Daties are cast as well on the chairman of the meeting as on the 
 clerk of the municipaUty, the performance of which is nee ^ssary to 
 the proper conduct of the election. It is essential that each return- 
 ing officer should have a list of the caxididates ; but where there waa 
 an omission of the name of one of the candidates anc the question 
 to be decided waa not the mere abstract ground of the omission of 
 the name, but only what effect it had upon the final result of the 
 election ; and it did not appear that the result would have been dif- 
 ferent if the name omitted had been properly entered on the list, the 
 election vas upheld. Reg fx rel. Walker v. Mitchell. 4 P. R. 
 218. A voter who permits one candidate to retire without objectio'i 
 of any kind, and aft^r hie retirement nominates Another candidate for 
 the office, will not be allowed afterwards to insist uptn having the 
 name of his first nominee entered npoa the poll books. Reg. ex rel. 
 Coyne v. Chisholm, 5 P. R. 328. 
 
 
120.] 
 
 BALLOT BOaFH. 
 
 95 
 
 (b) In municipalities which have passed Ity-laws 
 under sub-section 2 of section 489 of this Act, all persons 
 on the voters' list (that is to say the first and second 
 parts thereof ), who have been assessed for real property, 
 but have not {)aid their municipal taxes on such [)roperty 
 on or before the 14th day of December preceding the 
 election. 
 
 (2) Wherf) a municipality is divided into polling swb-divi- ^'^*^°^^* 
 sioiis, such a list of defaulters shall be made for each polling each polling 
 .sub-division. 
 
 (3) The person preparing the said defaulter' lists, shall fur- ^*',*^g''j'^ ^^ 
 nisli to all persons applying for the same, certified copies furnished, 
 thereof, and of the affidavit verifying the same, in the same 
 manner an*^ for the same compensation as copies of the voters' 
 
 list are to be furnished. 46 V. c. 18, s. 118. 
 
 < • Ballot Boxes. 
 
 120 — (1) Where a poll is required, the f Je.'k of the muni- Ballot boxes 
 cipality (i) shall procure or cause to be procui ^d as many nuhed!" 
 l)Oxes (hereinafter called ballot boxes) as there are wards or 
 polling sub-divisions within ohe municipality. 
 
 (2) The ballot boxes shall be made of some durable mate- "''^' ™*''®- 
 rial, shall be provided with a lock and key, and shall be so 
 constructed that the bdlot paper can be introduced therein, 
 
 Hnd cannot be withdniwn therefrom unless the box be un- 
 locked. 
 
 (3) When it become« necessary for the purposes of an elec- Delivery of 
 tion to use the ballot boxes, it shall be the duty of the clerk returning 
 of the municipality, two days at least before the polling day, 0*'=®"- 
 
 to deliver ore of the ballot boxes to every deputy-returning 
 officer appointed for the purposes of the election . 
 
 (4) The ballot boxes, when returned to the clerk after the ^'"'^ *" 
 electioi, shall be preserved by him for use at elections for the boxes for 
 nnmic', ality; and it shall be the duty of the clerk to haveSj" *"**^ 
 
 (i) The 'ile^'k cannot projierly act as clerk and be a candidate for 
 office. Set Beg, v. White, L. R. 2 Q. B. &':/. See further Beg. v. 
 Ward, L. K. 2 Q. B. 210. The duties by thid section cast upon the 
 clerk are es^iential to the success of voting by ballot, one object of 
 which is to secure secrecy of voting. So important is the perform- 
 aace ol the duties by the clerk deemed that a penalty ot $100 is 
 recoverable m respect of every ballot box which he fails to furnish. 
 See sub-3ec. 5 of this section. . 
 
t ^ 
 
 N 
 
 
 96 
 
 Penalty on 
 failure to 
 furnifh 
 boxea. 
 
 Deputy re 
 turning ofil 
 cerH to pro- 
 cure boxea 
 when not 
 oupplled. 
 
 THE MUNICIPAL MANUAL. [h. 120, (4). 
 
 ready for use, at all times, as many ballot boxes as there are 
 wards or polling sub-diviHions in tlie municipality. 
 
 (5) If the clerk xhiIs to fnriiihli ballot boxes iii the manner 
 herein provided, he shall incur a penalty of $100 in re&pcct 
 of every ballot box which ho has failed to furnish in the 
 manner prescribed. 
 
 (G) It shall be the duty of the deputy-returning officer in 
 every ward or polling sub-division not sup[)l!ed with a ballot 
 box within the time prescribed, forthwith to procure ona to 
 be made, and he may issue his order upon the treasurer of 
 the municipality- in which such ward or polling subdivision 
 is situate for the cost of the ballot box, and the treasurer 
 shall pay to the deputy-returning oHicer the amount of the 
 order, (j) 46 V. c. 18, s. 119. 
 
 Ballot J^apers. 
 
 Ballot 121 — (1) Where a j)oll is required, the clerk of the muni- 
 
 prfnt'ed!" ^* cipality shall forthwith cause to be printed, at the expense 
 of the municipality, such a number of ballot papers as will 
 be sufficient for the purposes of the election (k). 
 
 Contentiand (2) Every ballot ])aper shall contain the names of the duly 
 ballot nominated candidates, arranged alphabetically in the order 
 
 of their surnames ; or if there are two or more candidates 
 with the same surname, then in the order of their other 
 names, (l) 46 V. c. 18, s. 120. 
 
 papers. 
 
 (j) The amount of the order is as it were a debt due by the cor- 
 poration. The deputy returning offiuer not supplied with a ballot 
 box within the time described, is authorized to oiud the oorporatiou 
 in the contraction of the debt. It is made the imperative duty of thu 
 *;reasurer to pay the debt. 
 
 (k) It is not enough for the setting aside of an election held under 
 this Act there should appear to be a mere irregularity iu the mode 
 of procedure. See sec. 17o. 
 
 {I) The ballot papers must contain the names of the duly qualified 
 candidates. It is not said expressly that they must contain the 
 Christian as well as tiio niuruames, but section 123 requires the bal- 
 lot pajjers to be in the form given iu the schedule to the Act whiuli 
 contains both the Christian aud surname. Whetlier inacuuracies iu 
 these particulars would be a ground for setting aside an election apart 
 from the result is a question. See Jieg. v. Cowf rd 16 Q. B. 1819; 
 Hey. V. BrmUey, .3 E. & E. 634; Keg v. Pknty, L. R. 4 Q. B. 346; 
 Mather v. Bromi, 1 C. P. D. 596. See further s. 175. A candidate 
 was twice nominated, one nomination bein^ good and the other bad. 
 His name appeared in the ballot papers twice once in respect of eacli 
 
 8. 124.] 
 
 122~(1) The 
 and for mayor, r 
 be included in tl; 
 candidates for aid 
 
 (2) In cities oi 
 pared for all the 
 the names of the 
 set shall be prepa 
 containing th« na 
 ward ; and 
 
 (3) In towns or 
 pired for ail the m 
 the names of the ou 
 reeve, and anothe 
 ward or polling h 
 candidates for com 
 
 (4) In townshi) 
 ballot papers shall 
 the names of the ci 
 set shall be prepare 
 the candidates for ( 
 121. 
 
 123. The ballot 
 A to this Act. [n) 
 
 124. In case of 
 wards or polling su 
 sliiill, before the ojje 
 delivered to every d 
 which have been pi 
 I subdivision for whic 
 
 nomination. Seventy- 
 
 nnJer one ii'imination t, 
 
 I k\\ the voters so voting 
 
 botli classes of voters co 
 
 fis entitled to be retu 
 
 j Mhote v. PttUford L 
 
 I liitfis must be arranged i 
 
 I fee Mallwr v. lirown, 1 
 
 («i) See note it to s. 1 
 
 («) See note / to s. 12 
 
 13 
 
8. 124.] 
 
 BALLOT PAPERS. 
 
 07 
 
 122 — (1) The namoH of the candidates for mayor in cities, jy^JJjJJJ*"'" 
 and foi' muyor, reeve, and deputy-reeveH in 'towns, shall not paiMn to bo 
 be included in tlie same ballot paper with the names of the '""P"*''' 
 candidates for aldermen and councillors respectively ; {in) but 
 
 (2) In cities one kind or set of ballot papers shall be pre- in citiM. 
 parbJ for uU the wards or ])olling sub-divisions, containing 
 
 the names of the candidates for mayor, and another kind or 
 set slmll be prepared for each ward or polling sub-division 
 contauiing the names ot| the candidates for aldermen in the 
 ward ; and 
 
 (3) In towns one kind or set of ballot papers shall be pre- in »<>*•»• 
 mred for all the wards or polling sub divisions, containing 
 
 the names of the candidates for mayor and reeve and deputy- 
 reeve, and another kind or set shall be prepared for each 
 ward or polling subdivision, containing the names of the 
 candidates for councillors in the ward ; and 
 
 (4) In townships divided into wards, one kind or set of i|**':W»'''»'f* 
 ballot papers shall be prepared for all the wards, containing wards. 
 
 the names of the candidates for reeve, and another kind or 
 set shall be prepared for each ward, containing the names of 
 the candidates for councillors in the ward. 46 V. c. 18, s. 
 121. 
 
 123. The ballot papers shall be in the form of Schedule J"!'.™*'*' 
 A to this Act. (n) H V. c. 18, s. 122. papers. 
 
 Polling Places. 
 
 124. In case of municipalities which are divided into cierk to fur- 
 wards or polling subdivisions, the clerk of the municipality roturnlnS*'^ 
 j shall, before the ojiening of the poll, deliver or cause to be b^f*'/* '*'"' 
 delivered to every deputy- returning officer the ballot papers etc. '' "^ 
 Iffhich have been prepared for use in the ward or polling 
 I sulKlivision for which such deputy-returning officer has been 
 
 aomination. Seventy-one voters made their marks to his name 
 ouder one nomination and three hundred and one under the other. 
 All the voters so voting intended to vote for the candidate and if 
 I both cla-sses of voters could be added together he had a majority and 
 ; was entitled to be returned : Held, he was entitled to be returned. 
 Mkote v. PuUford L. R. 10 C. P., 476. The names of the candi- 
 dates must be arranged alphabetically in the order of their surnames, 
 
 . .rwi'vv^ -. - .».^., V. V* .... M.^, *v ■»^. ^., T»». 
 
 es must be arranged alphabetically in ' 
 Matlwr v. liroion, 1 Cf. P. D. 596. 
 
 (m) .See note i to 8. 121. 
 (u) See note / to s. 121. 
 13 
 
 m 
 
 
 .*;•! 
 
 11 
 »; 
 
 Mim 
 
 
u» 
 
 TUB Ml/MCI PAL MANUAL. 
 
 [h. 121. 
 
 II,. 
 
 Coinpart- 
 montr. 
 wherein 
 voter* iimjr 
 mark toU-r. 
 
 appointefl to aot, and shall also furnish to the dopiity-roturiiin^ 
 officer or xeo that he is t'urnishod with the necessary umtorinis 
 for vot<*r8 to marU the ballot papcfH ; and Huch nrntoriaJH hIiuII 
 he kt^pt at the polling place by the deputy-returninj^ oflicei 
 for the convenient use of voters, (o) 40 V. c. 18, s. 123. 
 
 126. £very polling place shall bo furnished with a com 
 partnient in which the voters can mark their votes scriienod 
 tVonj obuervation ; and it shall be the fluty of the clei-k tif 
 the municipality and deputy-returning ofHcers respoctivoly, 
 to see that a proper compartment for that purpose is provide,] 
 at each polling place, (p) 46 V. c. 18, s. 124. 
 
 Directions to Voters. 
 
 Clerk to fur- 126. In caso of municipalities divided into wards or pol- 
 ro'turn^n"''^ liug subdivisious, the cleric of the municipality shall before 
 officer with the o|>ening of the poll deliver, or cause to be delivered to 
 for voter'* every deputy returning officer such number of printed direc- 
 guiiinnco. tions, for the guidance of voters in voting, as he may deem 
 sufficient, and shall so deliver or cause to be so delivered at 
 least ten copies of such printed directions ; such directions 
 shall be printed in conspicuous characters, and may be accor- 
 ding to the form in Schedule B to this Act. (q) 4G V. c 
 18, 8. 125. 
 
 Deputyre- 127. Every deputy-returning officer shall before tiie 
 offliMrt'to opening of the poll, or immediately after he has received tiie 
 piaeard the printed directions from the clerk of the municipality, if lie 
 did not receive the same before the opening of the poll, cause 
 the printed directions to be placarded outside the polling 
 place for which he is appointed to act, and also in every com- 
 partment of the polling place, and shall see that they remain 
 so placarded until the close of the ])olHng. (/*) 46 V. c. 
 18, s. 126. 
 
 (o) These duties are ministerial. The neglect of them, except so 
 far as the neslect has the effect of making .in election impossible, 
 would not nullify the election. iSee a. 175 and notes thereto. 
 
 ( p) There can be no eflScient system of Totine by ballot without j 
 secrecy. Hence provision is to be made to enable voters to "mark j 
 their votes screened from observation. " Disregard of this duty when j 
 the neglect is not total bnt partial is not per se a ground for setting 
 aside an election. Jteg. ex rel. Preston v. Touchbvrn, 6 P. R. 344, 
 Sec further, s. 175 and notes. 
 
 (q) See note ^' to s. 121. ' 
 
 (r) See note /I' to a. 121. 
 
 directions. 
 
131.] 
 
 VOTERS LI8TH. 
 
 1)9 
 
 Voters' and Defatdtera* Lut$. 
 
 128 Hubjeot to the provigions of the next following *'"'<'<* i'^{*J'*«iut to 
 sectioira, the proper lUt of votera to be used at uii election bflUNcd at no. 
 Hhall 1>» the first and second parts of the last list of votviH"'"*^""" 
 eertiHod by the Judge and delivered or transmitted to the clerk ^^^ ^^^^ 
 of the peace under 3''/i« Votera* Liata Act. 46 V. c. 18, s. 127.0.8.' 
 
 129. l^^or the first election of a n«w municipality forKoiflmt 
 which there is no separate assessment roll, the clerk of the "('"^'y"" 
 municipality shall provide every deputy-returning officei- munici- 
 with a poll hook, prepnrod according to the form of Schedule '" '^" 
 (J to this Act, instead of a voters' list, and either the deputy- 
 returning officer or his sworn poll clerk shall therein ent; , 
 in the proper column, the name of every person offering to 
 voto, and at the request of any candidate or voter, shall note 
 the property on which the person claims to vote opposite Iuh 
 name. 46 V. c. 18, s. 128. 
 
 130. — (1) Where any territory is added for municipal votors- luu 
 purposes, to any city, town, or village, or where a town with una^^Ruc 
 additional territory is erected into a city, or village with ad- tion 84. 
 (litional territory is erected into a town, or where a new vil- 
 lage is formed, and an election takes place before voters' 
 listH including the names of the persons entitled to vote in 
 such territory are made out, or before such lists are certified 
 by the County Judge — in all such cases, the clerk of the new 
 or enlarged city, town, or village, shall extract the names of 
 •be several ])eraons who would be entitled to vote in the 
 territory composincr or added i-u (a" *he case may be) the city, 
 town, or village if such territory had remained separate 
 from the city, town, or village, from the last filed or certi- 
 fied voters' list of the municipality or municipalities to which 
 such territory formerly belonged, containing the names of 
 the persons entitled to vote in respect of such territory, and 
 shall place such names in lists or supplementary lists (as the 
 case may be). 
 
 (2) 8uch lists or supplementary lists shall be made in the Form of 
 form of Schedule C to this A.ct, and shall be signed by the ^;|W'«™*''- 
 clerk, and delivered by him to the proper dej)uty-retum 
 ing otlicers for the purpose of enabling the })ersons named in 
 such lists to vote at the election. 46 V. c. 18, s. 129. 
 
 131. — (1) In any municipality for which there is asep-y^^^j 
 arate assessment roll, but for which no voters' list for the voters 
 
100 
 
 Rev. Stat, 
 •0.8. 
 
 Persons ill 
 arrears for 
 taxes sliall 
 be excluded 
 ifrom list. 
 
 Hi 
 
 J 
 
 THE MUNICIPAL MANUAL. [s. 131, (1). 
 
 municipality has been filed with the Clerk of the Peace or 
 certified by the County Judge under Tlie Voters^ Lists Act 
 che clerk of the municipality shall, before the poll is opened 
 prepare and deliver to the deputy-returning officer for every 
 or any ward or polling sub-division, a list in the foim of 
 Schedule C to this Act, containing the names, arranged 
 alphabetically, of all male persons appearing by the then last 
 revised j^ssessment roll to be entitled to vote in that ward or 
 polling stib-di vision, (s) aud shall attest the said list by hu 
 solemn declaration in writing under his hand ; (t) 
 
 (2) In the case of 
 
 (a J Income voters, and 
 
 (b) Persons assessed for real property, if the municipality 
 has passed a by-law under sub-section 2 of section 489 of this 
 
 («) The purpose of furnishing the list is not to enable the return- 
 ing officer to judge of the sufficioncy or insufficiency of votes taken, 
 hut that all persons interested in the election mby have a check at 
 hand at the time of polling the votes. Beg. ex rd. Dundaa v. NUta 
 1 C. L. Ohamb. R. 198 ; see also sec. 79. Persons whose names are 
 on the original roll, though omitted by accident from the list, may, it 
 seems, clami a right to vote ; but not persons whose names are on the 
 list, tho^igh not on the original roll. Jieg. ex rel. HeUiwell v. Steph- 
 tiuon, 1 C. L. Chamb. R. 270 ; See further, Nm'th Victoria Elec- 
 tion, 1 H. v.. C. 671. The list furnished to the returning officer 
 ought to be alphabetical, and if not so the returning officer should 
 himself make it alphabetical. Reg. ex rel. Davis v. WiUon 
 3 U. C. L. J. 165, per Richards, J. Where the returning officer 
 was not furnished with the list and notwithstanding proceeded witii 
 the election, hdd, that it was an irregularity which rendered the 
 election liable to be avoided if the objection were taken by one quali- 
 fied to urge it, although it might not ipso facto render the election 
 void. In re Charles v. Lewis, 2 C. L. Chamb, R. 171. The 
 a8({uiescence of the candidates in the election being proceeded with 
 under these circumstances, though it might preclude them from dig- 
 pntiiig the validity of the election ou that ground, could not affect 
 the right of a voter M'ho was no party to such arrangement. Ih. In 
 such case, however, it would seem to be necessary to shaw that the 
 absence or inaccuracy of the list prejudiced the election, or that some 
 candidate or voter refused on that ground to proceed, and relied 
 on the objection. Jieg ex rel. Ritson v. Perry, 1 P. R. 2.37 ; Reg. 
 cjc rd. Walker v. Mitchell, 4 P. R. 218. Where the returning officer 
 used the original roll instead of the list, having first announced that 
 he would do so, aud no one objected, the election was supported. 
 Reg. ex rel Hall v. Qrey Ifi Q. B. 267- 
 
 (t) It would also seem that it is no objection to the list that it waa 
 Dot veri(ie<l as the statute requires, unless some objection be taken 
 before or during the election. Reg. ex rel. Ritson v. Perry, 1 P. R. 
 237. 
 
 8.135,(2).] CEKTIFI 
 
 officer, for eve 
 
S.135,(2).] CERTIFICATES AS TO THE ASSESSMENT ROLL. 101' 
 
 ^ct, the clerk shall exclude from the list such persons as may 
 be returned to him. by the treasurer or collector as being in 
 default for not having paid their municipal taxes respectively 
 on or before the 1 4th day of Decen)ber jiieceding the elec- 
 tion ; and every list of votera so prepared shall be the proper 
 voters list to be used at the election. 46 V. c. 18, s. 130. 
 
 132. In the case of municipalities which are divided into Deiiyery of 
 wards or polling subdivisions, the clerk of the municipality ^tereMist 
 shall, before the poll is opened, deliver to the deputy- return- »«»<* default- 
 
 /wt J* 1 If 11*** ci^s list to 
 
 ii)ff oftcer, tor every ward or polling sub-division, a copy, deputy re- 
 jccoiding to the form of schedule C to this Act, certified to *aM°/ 
 be correct, of the proper list of voters for the ward or i>olling 
 subdivision imder section 128 and following sections; and 
 also a copy of the proper defaulters' list for the jK)lling sub- . 
 division, certified by the treasurer or collector pursuant to 
 section 119 of this Act. 46 V. c. 18, s. 131. 
 
 133- The copies of the voters' list in the next preceding copieB may 
 section mentioned may be prepared by the clerk of the muni- 1^. ^J®J*"of 
 cipality, or may be procured from the Clerk of the Peace, luunieipaiity 
 if tiled under The Voters' Lists Act, and in the latter ca.se the ?ronrcierk 
 Clerk of the Peace shall be entitled to receive the sum of o'p«»«'- 
 six cents for every ten voters whose names are on the list, ^^y g^^^ ,. 
 16 V. c. 18, s. 132. 8. 
 
 134. The defaulters' lists furnished and verified by theKg^to^hr' 
 treasurer or collector as aforesaid, shall be the evidence on evidenc« for 
 which the deputy-returning officers shall act in ascertaining turniDRoffl- 
 the payment or non-payment of taxes by pereons claiming to "-'•"" ** '? , 
 vote in respect of income, or in respect of real property, in tas«8. 
 the cases mentioned in section 119 of this Act. 46 V. c. 
 18, s. 133. ' 
 
 Certificates as to the Assessment Boll. 
 136.— (1) The clerk of the municipality shall before the cierkto^give 
 oping of the poll, daliver or cause to be delivered to every dates of re- 
 deputy-returning officer a certificate (which maybe in theg^"j"g'J,^^,jjjj 
 form of Schedule D to this Act), of (a) the day when the of as8e«i- 
 assessment roll upon which the voters' list to be used at the "*" 
 election is based, was returned by the assessor, and also (6) 
 ofthe day when the said assessment roll was finally revised 
 and corrected. 
 
 (2) The clerk shall also give such certificate upon payment J^^^"' **'"' 
 of the sum of twenty-five cents, to any person applying for Penalty for 
 
 ; i 
 
 ! i' 
 
 ' ' "tet 
 
 !■■ r 
 
 ii ■ 
 
 >: ■: ■- 
 
 :{ 
 
 *-J 
 
 'lfe;H!»BM!" 
 
 *"»•.! \! 
 
102 
 
 To be evi- 
 dence of 8uch 
 ilate at the 
 poll. 
 
 When Msess- 
 mfot roll to 
 be con- 
 sidered as 
 finally re- 
 vised and 
 corrected. 
 
 Rer. State. 
 193. 
 
 In municipa- 
 palities not 
 divided into 
 wards or 
 polling sub- 
 divisions 
 clerk to per- 
 form duties 
 of deputy-re- 
 turning 
 officers. 
 
 THE MUNICIPAL MANUAL. [s. 135, (2). 
 
 the same under a penalty of $200 in case of neglect or re- 
 fusal. 
 
 (3) The certificate when delivered to the deputy-returning 
 officer, shall be the evidence upon which he shall act in in- 
 serting in the oath to be administered to voters the date of 
 the return or final revision and correction of the assessment 
 roll as the case may be. 
 
 4. An assessment roll shall be underetood to be finally re- 
 vised and corrected 'vhen it has been so revised and corrected 
 by the Court of Revision for the municipality, or by the 
 Judge of the County Court in case of an appeal, as provided 
 by The Assesnment Act, or when the time during which such 
 appeal may be made has elapsed, and not before. 46 V c 
 18, 8. 134. 
 
 Municipalities not divided into Wards. 
 
 136. In case of municipalities which are not divided into 
 wards or polling sub-divisions, the clerk shall perform the 
 duties which in other cases are performed by deputy-return- 
 i!ig officers, and shall provide himself with the necessary 
 ballot i)ai)ers, and also with the materials for marking ballot 
 [)apers, printed directions before mentioned, copies of the 
 voters' list and defaulters' list, and certificate or the dates of 
 the rf'turu and final revision of the assessment roll, similar 
 to those required to be furnished to deputy-returniu'* 
 officers ; and the clerk shall perform the like duties with 
 respect to the wliole municipality as are imposed upon a 
 deputy-retuining officer in respect of a ward or polling sub- 
 division. 46 V. c. 18, s. 135. 
 
 Voting in 
 towns and 
 cities. 
 
 Where Electors may vote. 
 
 137- In towns and cities every elector may vote in each 
 ward in which he has been rated for the necessary property 
 qualification, but in case of mayor of cities, mayor, reeve or 
 deputy-reeve of towns, the elector is limited to one vote, (i) 
 46 V. c. 18, s. 136. 
 
 (v) Before the Act of 1866, it was held that a voter entitled to vote 
 in the ward in whiuh he resided, could not vote in any other ward. 
 A Hon 8 U. ( '. L. J. 70. That Act enable*! every elector in a Town 
 or Vilkuje to vote in fuch ward in wliich he had been rated for tiie 
 necessary property <|ualiHcatiou. This section re-enacts that pro- 
 vision. Tiie meaning is, that a voter is uo longer restricted! to one 
 
140 (2).] 
 
 WHERE ELECTORS hiHY VOTE. 
 
 103 
 
 138. In townships and incorporated villages divided into X^V hi" 
 ^grds or polling sub-divisions, no elector shall vote in more snd viiiagen. 
 than one ward or polling subdivision for the samv^ candidate. 
 ^,r) 46 V. c. 18, s. 137. , • , 
 
 139- Every elector who is entitled to a vote in more than Where per- 
 ^je ward or polling subdivision shall vote for mayor, in*o°efor*** 
 cities, and for mayor, reeve and deputy -reeve in towns, and "' Yd""' "*'* 
 for reeve in townships divided into wards, at the polling peeTe.*^"" ^ 
 place of the ward or polling subdivision in which he is 
 lesideat, if qualified to vote therein ; or when he is a non- 
 resident or is not entitled to vote in the ward, or polling sub- 
 division where he resides then, where he first votes, and 
 there only, (x) 46 V. c. 18, s. 138; 50 V. c. 29, s. 5. 
 
 140. — (1) Any person who votes for mayor, reeve, or in Penalty for 
 towns or townships for deputy-reeve, after having already for mlyor,** 
 voted for mayor, reeve or deputy-reeve at some other '■^^^®|.^^^^" 
 polling place at that election, shall incur a penalty of $50 
 to be recovered, with full costs of suit, by any person who 
 will sue for the same in the Division Court having jurisdic- 
 tion where the offence was committed ; and any person 
 aMiaat whom judgment is rendered shall be ineligible either 
 as a candidate or elector at the next annual (y) elections. 
 16 V. c. 18, s. 139. 
 
 piity- reeve. 
 
 I (2) The receipt by any voter of a ballot paper within the 
 polling booth, shall be prima facie evidence that he has there 
 and then voted. 50 V. c. 29, s. 6. 
 
 vote, but, if qualified, in several wards, may vote in each of such 
 
 wards, except in the case of the election of mayor of cities, reeves or 
 
 I deputy reeves of towns, who are elected by the entire vote of the 
 
 I mumcipahty. 
 
 (tr) As to the division of townships into wards, sec sec. 94, and aa 
 
 I t(ipolliug places in townships an«l incorporated villages, sej sec. 489 
 
 (l|. Though the voter by this section can only vote once for reeve, he 
 
 may give one vote for councillors in townships in each ward \a 
 
 I which he is rated. See note v to s. 1.37. 
 
 (/) There is only one vote for each of the officers named <8S. 137, 
 
 1 1^1 that vote must be given in the ward or polling sub-division in 
 
 which the voter resides if (|ualitied to vote therein, but when he is 
 
 oonresident or not entitled to vote in the ward or iiollingsu)) division 
 
 I in which he resides, where he Mrnt votes and Oiert only. 
 
 (i/) The express mention of the wonl "annual" may have the 
 I (feet of limiting the incajiacity to the regular January elections. 
 
 .^m 
 
104< 
 
 THE MUNICIPAL MANUAL. 
 
 [s. Ul. 
 
 Certlficat<t to 
 entitle de- 
 
 141. — (1) The clerk of the municipality, on the request of 
 riuiy'return- any elector entitled to vote at one of the polling places, who 
 poTi cUrk'fT' ^*3 ^^^^ appointed deputy-returning officer or poll clerk 
 and agents or who has been named as an agent of a candidate to attend 
 Btattonrd.*™ at «^y polling place other than the one where he is entitled 
 to vote, shall give to such elector a certificate that he is en- 
 titled to vote at the polling place where he is to be stationed 
 during the polling day ; and the certificate shall also state 
 the property or other qualification in respect of which he is 
 entitled to vote. 
 
 R'ghttoTote (2) On the production of the certificate, the deputy-ie- 
 tion ofcerti- turning officer, poll clerk or agent shall have the ri^ht to 
 flcate. YQ^g Q^ jjjg polling place where he is stationed during the 
 
 polling day, instead of at the polling station where he would 
 otherwise have been entitled to vote ; and the deputy-re- 
 turning officer sliall attach the certificate to the voters' list • 
 but no such certificate shall entitle such elector to vote 
 at such polling place unless he has been actually engaged as 
 such deputy-returning officer, poU clerk or agent duijncf 
 the day of polling ; nor to vote for aldermen in cities, or 
 councillors in municipalities divided into wards, except in 
 the wjxid where he would otherwise be entitled so to 
 vote, (s) 
 
 (3) In case of a deputy-returning officer voting at the 
 polling station where he has been appointed, the poll clerk 
 appointed to act at the polling place, or in the absence of 
 the j)oll clerk any elector authorized to be present, may ad- 
 minister to the deputy- returning officer the oath required bv 
 law to be taken by voters. 46 V. c. 18, s. 140. 
 
 Who to 
 
 administer 
 
 oath. 
 
 Division V. — The Poll. 
 
 Ballot box to he exhibited. Sec. 142. 
 
 DiUy of Deputy- Returnivig Officer. Sees. 142-145, 155. 
 
 11 otv votes to be received. Sees. 143-145. 
 
 Uow ballot paper to be marked. Sec. 146. 
 
 Exclusion Jrom balloting cojnpartment. Sec. 147. 
 
 (z) The obligation of a voter is to vote in the ward in which he 
 resides. S. 139. This section creates an exception in favour of the 
 persons named, to vote for candidates, other than aldermen in cities 
 or councillors in municipalities divided into wards, at the polhDg 
 place where he is stationed <luring the polling day. To entitle a 
 voter to the benefit of this provision he must have I>een "actually 
 engaged" in the capacity specified in the certificate. 
 
143.] 
 
 EECEIVrNO VOTES. 
 
 105 
 
 Ballot papers not to be taken away. Sec. 148. 
 Proceedings in caae of incapacity to mark ballot. Sec. 149. 
 Ballot paper inadvertently spoiled. Sec. 1 50. 
 yfho may be present in polling place. Sec. 151. 
 Counting the votes — Objections — Statement. Sec. 152. 
 Who may be present at the counting of the votes. Sec. 153. 
 Certificates of state of Foil. Sec. 154. 
 Beturns, etc., to be made by Deputy- Returning Officers. 
 
 Sec. 155. 
 Clerk to cast up votes and declare toho is elected. Sees. 
 
 156, 160. 
 Right of Clerk, Deputy- Returning Officers and Poll clerks 
 
 to vote. Sec. 157. 
 Riots. Sees. 158, 159. 
 Declarations of office to be made by persons elected. Sec. 
 
 161. 
 
 1 42. The deputy-returning officer shall, itnraecliately befoi-e 
 the commencement of the poll, shew the ballot box to such 
 persons as are i)resent in the polling place, so that they may 
 see that it is empty, and he shall then lock the box and 
 place his seal upon it in such manner as to prevent its 
 being opened without Vn'eaking the seal; (n) and he shall 
 thenpUice the box in his view for the receipt of ballot papers, 
 aud shall keep it so locked and sealed. (6) 46 V. c. 18, s. 
 Ul. 
 
 143- Where a person claiming to be entitled to vote 
 presents himself for the purpose of voting, the deputy- 
 returning ollicer shall proceed as follows : (c) 
 
 1. Ho shall ascertain that the name of such person is 
 entered, or pur[)orts to be entered upon the voters' list for 
 the wartl or polling subdivision for which such deputy-re- 
 1 tiiruing ofticer is appointed to act. 
 
 Doputy-rc- 
 turiiing; 
 offlc«r to 
 sheyr box 
 fmpty to 
 )>erf<oiiB 
 prccnt, and 
 then lock 
 and >eal it. 
 
 Procoedi 11)19 
 by deputy- 
 returnliiK 
 offlf er on 
 tender of 
 Tote. 
 Name. 
 
 («) The penalty for interfering with a ballot box is prescribed by 
 I UK. 167. The object of a seal is to guarantee tiie security of the con- 
 I tents of the box until the termination of the election, and the seal 
 I should tlicrefore be of a substantial character. 
 
 ) These provisions are made necessary to prevent what in the 
 lUoited States is known aa "Stuffing the ballot box." 
 
 (c) The duties of the deputy returning oMcer are most clearly set 
 
 {forth. They are stated aa nearly aa possille in consecutive order. 
 
 As to his duties at the close of the poll see sec. 152 and notes. The 
 
 I omission of any of these duties would not do more than aifect, on a 
 
 iKnitiny, one particular vote concerned. Sees. 175. 
 
 U 
 
 ■•t*-' 
 
 i- 
 
 .■: I U 
 
 ■■». .. ' '■ ■ 1 
 
 .^l^^-a^ 
 
 
106 
 
 Keoordlng. 
 
 Oatb. 
 
 ■Ofgeetion. 
 
 Refusal to 
 take the 
 oath. 
 
 Deputy-re- 
 turning^ 
 oflScer to 
 Hign name 
 on ballot 
 paper. 
 
 Delivery of 
 paper to 
 Toter. 
 
 Deputy-rs- 
 turning 
 officer to ei' 
 plain mode 
 of voting. 
 
 THE MUNICIPAL MANUAL. [g. I43 
 
 2. He shall record or cause to be recorded iii the proi)er 
 column of the voters' list, the residence and the legal addi- 
 tion of such person. 
 
 3. If such person takes the oath or affirmation required 
 to be taken by voters in the manner diiectod by sections 
 102 to 105 inclusive of this Act, the deputy- returning 
 officer shall enter or cause to be entered opposite such per- 
 sou's name, in the proper column of the said voters' list the 
 word '^ Sworn," or ^^ Affirmtd" according to the fact. 
 
 4. Where the vote is objected to by any candidate or hig 
 agent, the deputy-returning officer shall enter the objection 
 or cause the same to be entered in the voters' list by writin» 
 opposite the name of such person, in the proper column, the 
 words " Objected to" stating at the same time by which can- 
 didate or on behalf (Jf which candidate the objection hag 
 been made, by adding after the words " Objected to " tiie 
 name only of such candidate. 
 
 6. "Where such person has been required to take the oath 
 or affirmation, and refuses to take the same, the depniy. 
 returning officer shall enter or cause to be entered opposite 
 the name of such person, in the proper column of the voters 
 list, the words '■^Refused to he Sivorn" or '^ Jiefused to 
 Affirm" according to the fact ; and the vote of sucli person 
 shuil not be taken or received ; and if the deputy-returnin" 
 officer takes or receives such vote, or causes the same to be 
 taken or received, he shall incur a penalty of 8200. 
 
 6. Where the proper entries respecting the ])erson soj 
 claiming to vote have been made in the voters' list in the 
 manner prescribed, the deputy-returning officer shall simi 
 his name or initials upon the back of the ballot papor. 
 
 7. The ballot paper shall be delivered to such person. 
 
 8. The deputy-returning officer may, and upon roqiiestj 
 shall, either i>ersoiially or through his sworn poll clerk, ex- 
 plain to the voter, as concisely as possible, the mode of voting 
 46 V. c. 18, s. 142. ' 
 
 Deputy-re- 144. Every deputy-returning officer refusing, or wilfully! 
 
 Mr™efu»?*g, *^"iitting to sign his name or initials upon the back of the! 
 
 etc., to initial ballot paper, as provided for by sub-section 6 of section I43J 
 paper. ^^^ ^j^-^ ^^^.^ shall forfeit to any person aggrieved by .such 
 
 fu.sal, or omission, the sum of $10, in respect of every liallo^ 
 paper deposited at his polling subdivision, upon which the 
 
 (rf) Whether a parti 
 owns of the operation 
 and ought to remain a 
 enable the returninij 
 illegal. Woodward v.S< 
 
146.] 
 
 MARKINQ BALLOT PAPERS. 
 
 107 
 
 •'I'll 
 
 gaid deputy-returaing officer has not signed his name cr 
 initials as aforesaid ; and the saniv^ may be recovered in the 
 manner provided for the recovery ov penalties by sectic^n 214 
 of this Act. 46 V. c. 18, s. 143. 
 
 145. The deputy-returning officer shall place, or cause to D«pntj-n> 
 be placed, in the columns of the voters' list, headed " Mayor "^^^ff^ 
 
 ^' Reeve" (or ''Mayor and Reeve"), ''Alderman" and «»<*»• '«> Hit 
 » Councillor" as the case may be, his initials opposite the name whom ballot 
 of every voter receiving a ballot paper, to denote that the p'P®" •**•"• 
 voter has received a ballot paper for mayor, reeve, alderman, 
 or councillor, as the case may be. (d) 46 V. c. 18, p. 144. 
 
 146. Upon receiving from the deputy-returning officer Marking 
 the ballot paper so prepared as aforesaid, the person receiving ***""* p*p«'> 
 the same shall forthwith proceed into the compartment pro- 
 vided for the purpose, and shall then and therein mark his 
 
 ballot paper in the manner mentioned in the directions con- 
 tained in Schedule B to this Act, by placing a cross, thus X (•) 
 on the right-hand side, opposite the name of any candidate 
 for whom he desires to vote or at any other place within the 
 division which contains the name of such candidate ; and he 
 shall then fold the ballot paper across, so as to conceal the 
 names of the candidates, and the marks upon the face of such 
 paper, and so as to expose the initials of the deputy-return- 
 ing officer, and leaving the compartment, shall, without 
 delay, and without shewing the front to any one or so dis- 
 playing the ballot paper as to make known to any person the 
 names of the candidates for or against whom he has marked 
 his vote, deliver the ballot paj)er so folded to the deputy- 
 returning officer, who shall, without unfolding the same, 
 or in any way disclosing the names of the candidates, or the 
 marks made by such elector, verify- his own initials, and at 
 once deposit the same in the ballot box in the presence of all 
 
 (d) Whether a particular voter did vote may be ascertaihcd by 
 neanii of the operation of this seution, but for whom he voted must 
 ind ought to remain a matter of secrecy. Any marking that would 
 enable the returning officer to say for whom he voted would be 
 illegal. Woodward v. Sartons, L. R. 10 C. P. 733. See note o to s. 152. 
 
 (<) This is a mark well devised for the purpose, easy of execution 
 by men of the most moderate intelligence, and at the same time 
 perfectly n<'iitral in its character, ao as to be practically incapable 
 of betray inf? its authorship by its appearance. Per Lord Nf.aves in 
 the Wiiihiwn Cane, 2 O'M. & H. 215, 'J'20. Similar provision is made 
 in the Ontario Election Act, Rev. Stat, c, 9, sec. 98. As to the 
 caMs respecting the marking of ballot papers. See note o to s. 152. 
 
 
 I! 
 
 H 
 
 Mm 
 
108 THE MUNICIPAL MANUAL. [b. 14(5 
 
 persons entitled to be present and then present in the polling 
 place ; and the voter shall forthwith leave the polling place 
 (/) 46 V. c. 18, s. 145, 
 
 ExciuKion 147. While a voter is in a balloting compartment for the 
 
 i^g"compKt- P"''Pose of marking his ballot paper, no other pei-son shull 
 ment. be allowed to enter the coiupartment, or to be in any position 
 
 from which he can observe the mode in wliich the voter 
 
 (7) 46 V. c. 18, s. 146. 
 
 marks his ballot paper. 
 
 T not fo 148. No per, > wh( 
 tnk.. big deiiiity-r. 'uriiint vOlc^r 
 
 ballot paper 1 , '^ 
 
 from poiiiiiK P'«co ; and any perviu 
 
 pi> 
 
 i" 
 
 ti i 
 
 ^ s ' ^ceived a ballot paper fr)ni tlio 
 
 ijai' t. ko the same out of the polliii(r 
 
 I Liiving so received a ballot paper 
 
 'rjj» olace without first delivering 
 
 ^ officer in the manner j)re. 
 
 who leaves tiju 
 the same to the deputy retu 
 
 scribed, shall thereby forfeit l.is -ight to vote ; and the 
 
 deputy-returning otticer shall make an entry in the voters' 
 
 list, in the column for remarks, to the effect that such person 
 
 received a ballot paper, but took the same out of the polling 
 
 place, or returned the same, declining to vote, as the case 
 
 may be ; and in the latter ca.se the deputy-returning officer 
 
 shall immediately write the word " Declined" upon such 
 
 bollot paper, and shall preserve the same; and in case the 
 
 clerk of the n\unieipality is not himself performing the duties 
 
 of deputy-returning officer, the deputy-returning officer shall 
 
 return said l)ii!lot papcn- to the clerk of the municipality, as 
 
 hereinafter directed, (h) 46 V. c. 18, s. 147. 
 
 (/) The deputy returning oflicer must verify his initials without 
 delay, and withoiit sheniiig the froijt to any o'le, or so displaying the 
 biillot paper, as to make known to any person the names of the can- 
 didates for or against whom the voter has marked his vote. See 
 also Pickeriu;/ v. Jamt-n, L. R. 8 C. P. 489. 
 
 As to the effect of non-compliance or imperfect compliance with 
 these directiims, either on the part of the voter or of the returning 
 otticer. See h. 152 and notes. 
 
 {(j) It is essential to secrecy 5or the purposes of this Act that there 
 should be solitude. A compartment is provided for the purpose of 
 enabling the voter in solitude to mark his ballot paper. Not only are 
 all persona prolnl>i ed from entering the compartment while occupied 
 by the voter but tliey are prohibited from being in any position from 
 which they can observe the mode of marking the ballot paper by the 
 voter. But a partial disregard of the provisions of this section does 
 not necessarily avoid the election Beg. ex rel. Preston v. Touchburn, 
 6 P. R. 344. See further s. 175. 
 
 (A) The marking of the ballot paper would not be of any avail as 
 regards the result of the election unless the paper so marked were 
 deposited in the ballot box for the purpose 01 being counted. The 
 delivery of the ballot paper by the voter under a. 146 to the retuni- 
 
 3. 150.] INC vp 
 
 149- In case 
 be entitled to ^, 
 other phj sical c- 
 of any person c! , 
 declaration t'lat i 
 be as follows : — 
 
 1. The deput 
 
 the agents of t.-ie < 
 10 be marked on a 
 person, and shall j 
 
 2. The deputy-r 
 stated in tlie vote 
 such person in th( 
 the vote of such 
 section, and the ren 
 
 3. The declamti 
 to mark a ballot pa 
 this Act, and shall 
 entitled to vote, at 1 
 returning officer, v 
 may be according to 
 and the said declara 
 ing officer at the tin 
 
 160. A person c 
 
 inadvertently dealt 
 it cannot be conve 
 delivering to the dej 
 inadvertently dealt 
 Tertence to the satit 
 obtain another ballo 
 so delivered up, and 
 diately write the w( 
 and preserve the san 
 
 g officer for the purpo 
 which the voter must p 
 
 (i) The ballot is in th 
 
 ! «bie to read, able to 1 
 
 [paper. Where these co 
 
 in preserving the secre 
 
 the ballot. But where 1 
 
 is to have the right to v 
 
 died in the mode presci 
 
 NH.E.C. 28;."; Priscot 
 
ki 
 
 s. 160.] 
 
 INCAPACITY TO MARK BALLOT PAPKR8. 
 
 109 
 
 149- In case of an application by a person claiining to Pwx^^Ung" 
 \)Q entitled to ote, who is incapacitated by blindness or ineap«city to 
 other ph} aical i ie from markiuj his baliui paper, or in case °1J* **"** 
 pf any person cl iming to ^e entitled to vote who makes a 
 declaration f^at i e is nne^ble to read, the proceedings ) shall 
 1^ as follows :- 
 
 1. The depi)i returning officer shall, in tlie presence of 
 the agents of t'le candidates, cause •'be vote of such person 
 to be marked on a ball fc pi.per in manner directed by such 
 person, and shall place the ballot jjaper in the ballot box. 
 
 2. The deputy-returning officer shall state or cause to be 
 stated in the voters' list, by an entry opposite the name of 
 gucb person in the proper column '" the voters' list, that 
 the vote of such person is markeu in pursuance of this 
 section, and the reason why it is so marked. 
 
 3. The declaration of inability to read, or of incapacity 
 to mark a ballot paper, may be in the form of Schedule E to 
 this Act, and shall be made by the person claiming to be 
 entitled to vote, at the time of the polling, before the deputy- 
 returning officer, who shall attest the same as nearly as 
 
 may be according to the form given in Schedule P to this Act, ^ 
 and the said declaration shall bv> given to the deputy-return- 
 iug officer at the time of voting. 46 V. c. 18, s. 148. 
 
 150> A person claiming to be entitled to vote, who has proceedinga 
 inadvertently dealt with his ballot paper in such manner that *°^J^'J°^ 
 it cannot be conveniently used as a ballot paper, may, on bs uaed. 
 delivering to the deputy-returning officer the ballot paper so 
 inadvertently dealt with, and proving the fact of the inad- 
 vertence to the satisfaction of the deputy-returning officer, 
 obtain another ballot paper in the place of the ballot paper 
 so delivered up, and the deputy-returning officer shall imme- 
 diately write the word *^ Cancelled" upon the ballot paper, 
 and preserve the same ; and in case the clerk of the muni- 
 
 iig officer for the purpose of being deposited in the box is a duty 
 which the voter must perform on pain of forfeiting hia vote. 
 
 (i) The ballot is in the first instance designed for persons who are 
 tble to read, able to see, and physically able to mark the ballot 
 paper. Where these conditions all exist there is not much difficulty 
 in preserving the secrecy deemed necessary to the free exercise of 
 the ballot. But where these conditions 'lo not exist, still the elector 
 b to have the right to vote. The right, however, can only be exer- 
 I died in the mode prescribed by this section. See ffalton Election, 
 IH. E. C. 28h" ; Przacott Election, 1 E. C. 88. 
 
110 
 
 THE MUNICIPAL MANUAL. 
 
 [a. 160. 
 
 Who mtkj b« 
 prM«nt at 
 polling 
 piMe. 
 
 Oonntiag 
 tbe votes. 
 
 oipality is not himself performing the duties of deputy, 
 returning officer, the deputy-returning officer shall i-eturn 
 the ballot paper to the clerk of the munici|)ality, as herein- 
 after directed, (j) 46 V. c. 18, 8. 149. 
 
 161. During the time ap|:)ointed for polling no peraoa 
 shall be entitled or permitted to be present in a polling 
 place, other than the officers, candidates, clerks or agentH 
 authorized to attend at the polling place, and such voter as 
 is for the time being actually engaged in voting ; (k) it shall 
 at all times be lawful for the deputy-returning officer to 
 have present or to summon to his assistance in the polling 
 place, any police constable or peace officer, for the pur[iose of 
 maintaining order, or of preserving the public peace, or pre- 
 venting any breach thereof, or of removing any person who 
 may, in the opinion of the deputy-returning officer, be 
 obstructing the polling or wilfully violating any of Uie pro- 
 visions of this Act. (/) 46 V. c. 18, s. 160. 
 
 152. Immediately after the close of the poll in every 
 polling place, (11) the deputy-returning officer .ihall, in the 
 presence of the poll clerk (if any) and of such of the candi- 
 dates or of their agents as may then be present, open the 
 ballot box, and proceed to count the votes as follows : — 
 
 (j) The number of ballot papers uiven by the deputy returning 
 officer to voters, should corruapouif with the number of marked 
 papers deposited in tlie ballot box. If this were not so there would 
 not be much check as agaiust dishonest practices on the part cf a 
 returning officer. But as u voter may l>y inadvertence so use hij 
 ballot paper as to render it useless for the purpose of his vote, h« 
 ought not for that cause to be deprived of his vote. Hence provj. 
 sion is made by this section for the issue in such a case of a secoiid 
 ballot paper to the voter, sul)ject to the checks declared. It does 
 not seem clear whether in case the voter spoilt the second ballot 
 paper he could obtain a third. 
 
 (it) This section excludes from th« polling place all persons except 
 " the officers, candidates, clerks or agents authorized to attend at 
 such polling place, and such voter as is for the time being actually 
 engaged in voting." The candidate has as much right to be present 
 as an officer, clerk or agent authorized to attend the polling p!a'.<e, 
 although the fact of his presence may produce some of the niiscliiefi 
 which it was the design of the Legislature when enacting vote by 
 ballot, to remove. See Clemenlson v. Maaon, L. R. 10 C. P. 209. 
 
 (0 If the deputy returning officer, without justification, forcibly 
 remove a person who has a right to be present, he may be sued for 
 the trespass. Clemtntaon v. Ma«on, L. U. 10 C. P. 209. 
 
 (U) The fii-st duty is to certify on the voter's list the number of 
 persons who have voted. See note c( to s. 1 55. 
 
8. 152.] 
 
 RR.yRCTED BALLOTS. 
 
 Ill 
 
 1. He 8hall ezaraine the ballot papers and any ballot luiMtad 
 paper which has not on its back the name or initials of the •'•'''''■• 
 (le|mty-i*oturning officer, (m) or on which more votes are given 
 than the elector is entitled to give, (n) or on which anything, 
 except the initials or name of the deputy-returning officer 
 on the back, is written or marked, by which the voter can be 
 identified, shall be void, and shall not be counted (o) and any 
 ballot paper on which votes are given for a greater number 
 
 (,;t) Whare the proper entries respecting the person claiming to vote 
 have I'cen made in the voters' list, it is the duty of the deputy return- 
 ing olFiccr under s. 143, to sign hia name, or initials u^on the back of 
 the ballot paper. This is for the purpose of identifymg it and pre- 
 renting the use of fraudulent ballots. When t.ie deputy returning 
 nliic&r has done hia duty in iiiontifying the ballots, aa the statute 
 directfl, be must reject ballots not having on their back his name or 
 initials. But whore the deputy returning officer has himself neglected 
 hi«i duty by omitting to write his name or initials on the back of the 
 lulliit papers, it would not be right on a scrutiny, in the absence of 
 Kome imputation of fraud, to reject all baliols not having on the back 
 the name or initials of the deputy returning otFicer. Tke Monck 
 i;a»f, 1 H. E. C. 725. See also The BothwtU Case, 8 S. C. R. 676. 
 
 (n; Whnn more v.»te8 are by the ballot paper given than the elec- 
 tor is entitled to give, it cannot he decided which, if any of them, 
 are the proper votes. Kn that in such case the ballot paper is 
 rejected. Seo The North Victoria Cane, 1 H. E. 0. 671. 
 
 (o) It is not declared that all ballots having on them anything 
 eicopt the name or initials of the deputy returning odicer shall be 
 rejected, but all such aa have marks by which the voter can be identi- 
 ini. These words have, in similar Acts to the present caused much 
 liitiiculty and some judicial conflict. See Rev. Stat. c. 0, sec. 10(i, 
 
 8ul.-8. 2. 
 
 Fcmerly there was aome conflict of opinion as to whether ballots 
 marked otherwise than on the right hand side of the name of the 
 andidate in the manner directed should bo counted. See The 
 Alhloiif CasOy2 O'M. & H. 186; The Wigtown Case, lb. 215; The 
 Hourk CaM, 1 H. E. C. 725 ; The North Victoria Cane, 1 H. E. C. 
 671 ; ]Vo(xlioard v. SarMna, L. It. 10 C. P. 733. Since these decisions 
 tiie Act has been altered by adding the words in sec. 146 "or at any 
 otiier plane within the division which contains the name of such 
 candidate. " 
 
 In The Wigtoion Cat-e, 2 O'M. & H. 215, and The Monck Cane, it 
 vai held that a ballot having on it two or three crosses opposite the 
 name of the candidates ought to be rejected, but the contrary was 
 held in Woodward v. Sarsoua, and in The liothtoell Case, 8 S. C. R. 676. 
 
 In The Wigtotim Case, 2 O'M. k H. 215 The North Victoria Caw, 
 and the Monck Case, it was held that ballot papers having a single 
 itroke instead of a cross ought to be rejected but the contrary was 
 held in Woodxmrd v. Sarsona. But see The South Wentworih Case, 
 1 H. E. C. 531, and The Bothwell Case, 8 S. C. R. 676. 
 
 4ti 
 
 1 
 
 V 
 
 111 
 
 1 
 
 1 
 
 lit 
 
 1 ii 
 
 r ''•'" 
 
 m iH 
 
 I 
 
 i 
 
 III 
 
112 THK MUNICIPAL MANUAL. [a. IfiO. 
 
 of oandiilutes for any otHce than the voter is entitled to vote 
 
 In The North Victoria Cane, aikI in Woodward v. iSnrnotu, It wm 
 1>«1(1 that balluta hnvitig the oroM with fuut to it ao as to inaku it 
 look liku thu letter X ought not to he rejected. 
 
 In The Quffn't County Case, 7 S. C. R. 247, It wan held that ballots 
 with a oroaa in the ri^ht place on the back of the ballot papur itiHtt^ad 
 of on the printed side, and ballots marked with an x inatuad of a 
 cruaa were invalid. 
 
 In the snino case in ba!'.ot papers containing the namoa of four 
 candidates, the following ballota were hold good : 
 
 ( 1 ) Ballota containing; two crosaea, one on the lino above tho tjrgt 
 iiiinie, and one on the line above the second name valid for tiiu two 
 fii-Ht nuinud candidatea. (2) Ballots containing two croisos, one on 
 tho lino abovu tlie Hrat name, and one oa the line dividing tliu buooikI 
 »nd third uompurtinents valid for the first named candidate. (3) 
 Ballots containing properly made crosses in two of the coinpartnicntg 
 of the ballot paper with a slight lead pencil stroke in another coin- 
 partment. (4) Ballots marked in the proper compartment thtia V 
 
 In The North Victoria (hue, it was held that ballots having a per- 
 fect cross and some additional mark ousrht to be rejected but the 
 contrary was held in The Monck Cane, and in Wooilwnrd v. tSmnonn. 
 
 In The North Victoria Cme, and in Woodward v. Sarmmn, it wiig 
 held that ballots not marked with a cross but having tho name of the 
 candidate or some letters or initials put in the inace of tlie crog« 
 ought to be rejected. 
 
 In The Wintown Cane, 2 O'M. k H. 215, The North Victoria Cm, 
 and The Monck Vane, it was held that creases made with ink instead 
 of with black lead pencil ought not to be rejected. 
 
 In Woixlward v. Santonin, it was held that a ballot paper having a 
 pencil line through the name of the candidate and a cross opjmitite 
 to the name of tlio other on the right hand aitle ought not to be 
 rejected. 
 
 Certain ballot papers were objected to as having been imperfectly 
 marked with a cross, or having more than one cross, or having an 
 inverted V, or because the cross was not directly opposite tho name 
 4>f the candidate, there l)eing only two names on the ballot paper, 
 ;iud a line drawn dividing the paper in the middl».>, but it wua heU 
 that these ballots were valid. The Bothwell Cane, 8 S. C. U. 676. Pn 
 Ritchie C. J. : — "I find it impossible to lay down a hard and fast rule 
 l)y which it can be detennincd whether a mark is a good or a bad crosg, 
 1 think that wherever the mark evidences an attempt or iuteiitiou 
 to make a cross, though the cross may be in some respects imperfect, 
 the ballot should be counted, unless from the peculiarity of the mark 
 made it can be reasonably inferred that there was not an honest 
 design simply to make a cross, but there was also an intention lo tu 
 mark the paper that it could be identified, in which case the ballot 
 should be rejected. But if the mark made indicates no design of 
 complying with the law, but on the contrary, a clear intent not to 
 mark with a cross as the law directs, as, for instance, by inukiuu a 
 straight line or round 0, then such non-compliance with the law 
 renders the ballot null. The irresistible presumption from such a 
 
152.] 
 
 COUNTING UALLOT PAPERS. 
 
 113 
 
 for, shall be void as regards all the candidates for such office, 
 liitt shall be good as regards the votes for any other oftices ia 
 rt>i4[X30t to which the voter has not voted for more candidates 
 than he is entitled to vote for. 
 
 2. The doputy-returning officer shall take a note of any 
 objection made by a candidate, his agent, or any elector 
 Hiithorized to be present, {p) to any ballot paper found in the 
 ballot box, and shall decide any question arising out of the 
 
 objection. 
 
 3. Every objection shall be numbered, and a corresponding 
 number placed on the back of the ballot paper, and initialed 
 bv the deputy-returning officer, {q). 
 
 4. The deputy-returning officer shall endorse, " Rejected" 
 on any ballot paper which he rejects as invalid, and shall en- 
 dorse " liejection objected to" if any objection is made to his 
 
 decision. 
 
 5. The deputy-returning officer shall then count up the 
 roteH given for each candidate upon the ballot papers not 
 rejected, and make up a written statement, in wordu as well 
 asiii Hgures, of the number of votes given for each candi- 
 date, and of the number of ballot papers rejected and not 
 counted by him, which shall be made under the Hoveral 
 
 ads — 
 
 (a) Name or number of ward or ])olUng subdivision 
 and of the municipality and the date of election ; 
 
 \b) Number of votes for each candidate ; 
 
 (c) Rejected ballot papr "h. 
 
 Deputy>ra- 
 turnliiK olH- 
 eer to noU 
 ohlaottoDi 
 taken to bal- 
 lot pii)i«rii at 
 the cnuntlDg 
 Of lb« MUDe. 
 
 AndniimlMir, 
 oljuftlon 
 and Imllot 
 paper to 
 oorrefpond. 
 
 BndorHlns 
 baUotpapen. 
 
 Statement. 
 
 plain and wilful departure from the termn of the statute being that 
 1 it waa Bu marked for a Biniater purpose." Ih. It is true that the 
 
 declaration of nuU' y does not re(|uire that there should be absolute 
 I proof of a design or intention on the part of the voter to be identiBed, 
 
 cot it would be manifestly wrong to reject the ballot, where, from 
 I the mark made, no such intention can be reasonably inferred. Wnod- 
 
 nd V. Saraons, U R. 10 C. P. 733. 
 
 [p) There does not seem to be any provi- on authorizing an elector 
 I tobe present unless he is an agent. See sec. 151, and the first clause 
 I of this section. Only two agents for each candidate are entitled to 
 le present at same time, s. 153. 
 
 (i;) The directions contained in this and the next sub-section are 
 lorthe purpose of enabling the Court or a Judge afterwards on a 
 KTutiny to identify the ballots and decide on the propriety of their 
 I rejection or otherwise. 
 
 15 
 
114 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 152. I s. 155, (4).] DBPUT 
 
 StutemAiit to 
 hf Higned. 
 
 > >mi 
 
 
 6. Upon the completion of the written statement, it shall 
 be forthwith signed by the deputy-returning officer, the ooll 
 clerk, if any, and such of the candidates or their agents as 
 may be present, and desire to sign such statement. 46 V c 
 18," 8. 161. 
 
 enuued to 153. No more than two agents for any Candidate shall be 
 bepreNDt. entitled to be present at the same time at the counting of the 
 votes, (a) 46 V. c. 18, s. 152. 
 
 deputy- 164. Every deputy-returning officer, upon being requested 
 
 offlMr tolive ^^ *® ^®» ^^^^^^ deliver to the persons authorized to attend at 
 cBrtincnte of his polling place, (h) a certificate of the number of votes 
 " ' " '**'"• given at that polling place for each candidate, and of the 
 number of rejected ballot papers, (c) 46 V. c. 18, s. 153. 
 
 Dspntjr* 155 — (1) Every deputy-returning officer shall, at the close 
 
 offloew"* of the poll, certify under his signature on the voters' list in 
 Uutie* afier full words the total number of persons who have voted at the 
 counted. polling place at which ho has been appointed to preside, (rf) ami 
 at the completion of the counting of votes after the close of 
 the poll, shall, in the presence of the agents of the candidates 
 make up into separate packets, sealed with his own seal 
 and the seals of such agents of the candidate as desire to fix 
 their seals, and marked upon the outside with a short state- 
 ment of the concents of such i)acket, the date of the day of 
 the election, the namo of the deputy-returning officer, and of 
 the ward or polling subdivision and municipality, 
 
 (a) The statement of votes given for each candidate and 
 of the rejected ballot papers ; 
 
 (a) This (Iocs not exclude the candidate himself, see note k to sec. 
 151 and sec. 172. 
 
 (6) This it is presumed means authorized to attend ou behalf o' a 
 candidate at the election. 
 
 (c) No foriTi of certificate is given. If; need only state : 
 
 1. The number of votes given at the polling place for each candidate. 
 
 2. The number of rejected ballot papers. 
 
 Although not [in words required to be signed by tlie returniag j 
 ofHcer giving it, as it is a certificate it certainly should be signed. 
 
 (d) The certificate made necessary by this section is expressly 
 required to be under the signature of the deputy returning officer. \ 
 It must he given by the deputy returning officer at th4 particular] 
 polling place whore he presided, and must contain a statement in 
 ml! words, not in figures, (a precaution against fraud) of tho total] 
 number of persons who voted at the polling place. This statementl 
 should be made before the votes are counted. 
 
 (b) The used ball 
 to and hai 
 
 (c) The ballot pap 
 have been 
 
 (rf) The rejected b 
 
 (e) The spoiled ba 
 
 (/) The unused ba 
 
 (g) A statement of 
 marked by 
 heads, " pj 
 read," with 
 notes taken 
 found in th< 
 
 (S) Before returnir 
 municipality, the dep 
 mbiciibe before such 
 Ifoll clerk, his declara 
 fas used in the man 
 Iflitries required by la 
 ' ; which declarati 
 a Act, and shall 
 jlist, (e) and such voters 
 litanvtime in presenc 
 Imnicipality. 
 
 (3) If the clerk of 
 [fomiing the duties of 
 htiirniiig officer shall f 
 jjllr to the clerk of the 
 |io 80, owing to illness 
 ickets to a person cho 
 ? the same to the 
 Mtside of the cover of 
 [«rson to whom the sa 
 jie« proper receipt thi 
 h ballot box to the cle 
 
 (4) The packets sba 
 Mde by the deputy-rel 
 
 I W The declaration made 
 Xthe deputy returning offi 
 ^twnbed by him under oa 
 
155,(4).] DEPUTY-RETURNING OFFICERS' RETURNS. 115 
 
 (h) The used ballot papers which have not been objected 
 to and have been counted ; 
 
 M The ballot papers which have been objected to, but which 
 have been counted by the deputy -returning officer ; 
 
 ((^ The rejected ballot papers ; 
 
 (e) The spoiled ballot papers ; 
 
 If) The unused ballot papers ; 
 
 ^g) A statement of the number of voters whose votes are 
 marked by the deputy-returning officer under the 
 heads, '• Physical incapacity," and " Unable to 
 read," with the declarations of inability ; and the 
 notes taken of objections made to ballot papers 
 found in the ballot-box. 
 
 (2) Before returning the voters' list to the clerk of the Declaration 
 Uuuicipaliiy, the deputy -returning officer shall make and returning 
 liabacribo before such clerk or a Justice of the Peace or the ^^''^J "j^ 
 
 poll clerk, his declaration under oath that the voters' list list. 
 f83 used in the manner prescribed by law, and that the 
 entries required by law to be made therein were correctly 
 made ; which declaration shall be in the form of Schedule G 
 (0 this Act, and shall thereafter be annexed to the voters' 
 lit, (e) and such voters' list and declaration may be inspected 
 itanv time in presence of the clerk by any elector of the 
 mnnicipality. 
 
 (3) If the clerk of the municipality is not himself per 
 Iforraing the duties of deputy-returning officer, the deputy 
 Itetnrning officer shall forthwith deliver such packets person- 
 yiv to the clerk of the municipality ; anci if he is unable to 
 jio 80, owing to illness or other cause, he shall d^aver such 
 
 ^;ketfl to a person chosen by him for the purpose of deliver- 
 the same to the clerk ; and shall mention on the 
 fliside of the cover of each of the packets the name of the 
 Krson to whom the same had been so delivered, and shall 
 ^iA proper receipt therefor ; he shall also forthwith return 
 J ballot box to the clerk of the municipality. 
 
 (4) The packets shall be accompanied by a statement 
 mde by the deputy-returning officer, showing the number 
 
 The declaration made necessary as a security for the good faith 
 lithe deputy returning officer, must not only be made by liim, but 
 Rbioribed by him under oath. 
 
 PBekntR of 
 ballot papen, 
 &o., to be 
 delivt<rod to 
 the clerk of 
 muiiie!' 
 pality 
 
 Statement to ' 
 be made by 
 deputy- 
 returuing 
 
 *.'^'' -/"' 
 
116 
 
 officer on 
 rrturn of 
 ballot 
 papers, &c. 
 
 If dispute as 
 to result 
 
 TUB MUNICIPAL MANUAL. [a. 155(4), 
 
 of ballot papers entrusted to him, and accounting for them 
 under the heads of (1) Counted ; (2) Rejected ; (3) Unused- 
 (•*) Spoiled ; (5) Ballot Fapera given to voters who after- 
 wards returned the same, declining to vote ; and (6) Ballot 
 Papers taken from the polling place ; (/) which statement 
 shall give the number of papers under each head, and is in 
 this Act referred to as the " Ballot Paper Account." 
 
 (5.) If the deputy-returning officer and one or more of the 
 ariMs, how to candidates or of the agents of the candidates present at the 
 besettiei. examination and counting of the ballot pajjcrs are unable 
 to agree as to the written statement to be made by the 
 deputy-returning officer, the packages of ballot papers shall 
 be broken open by the clerk of the municipality, in the pre- 
 sence of the deputy-returning officer and such of the can- 
 didates or of their agents as may be present on the day suc- 
 ceeding the polling day, at an hour and place to be appointed 
 and of which they have been notified by the deputy-return- 
 ing officer unless the distance necessary to be travelled is 
 such that the appointed place cannot be reached on the day 
 following the poll, in which case a reasonable time shall be 
 allowed, and no more, for the purpose of coming before the 
 clerk of the municipality ; and the clerk of the munici- 
 pality, after examining the ballot papers, shall finally deter- 
 mine the matter in dispute, and sign the written statement 
 hereinbefore mentioned ; (y) and the clerk of the municipality 
 shall forthwith, in the presence of the deputy-returninc 
 officer and such of the candidates or of their agents as may 
 then be present, securely seal up the ballot pajiers M'liich 
 have been examined by him into their several packages as 
 before. 46 V. c. 18, s. 154. 
 
 ?p%ous^nd .166. The clerk of the municipality, after he has re- 
 declare whoceived the l)}».llot papers and statements before mentioned of 
 iieiected.ic.^jjg number of votes given in each polling place, shall, with- 
 out openiiiij any of the sealed packets of ballot papers, cast up j 
 the number of votes for each candidate from such statements- 
 
 (/) The object of this account is to enable the clerk of the muni- 
 cipality who gave out the ballot papers to make a comparisoii between i 
 the ballots given out nnd those returned so as to detect the undue i 
 use if any made of any of the ballot papers. 
 
 {(j) The clerk is to finally determine the matter in dispute men- 
 tioned, hut this determination cannot bind any Court or Judge ijefore I 
 whom the election may afterwards be contested and a scrutiny had j 
 for the purpudcs of the contest. 
 
 ^158,] 
 
 and shall ut the t< 
 some other public 
 return of such balh 
 to be elected the ca 
 number of votes, (h 
 ous place a stateme 
 of votes for each ca 
 
 157-(1) In case 
 votes as aforesaid, tl 
 number of votes, th( 
 son appointed by by 
 Ills absence or incap, 
 vfise qualified or not, 
 of the poll, give a v( 
 JO as to decide the e 
 
 (2) Except in such 
 I vote at any municipa 
 Uc.319. 
 
 (3) All deputy-re 
 I as deputy- returning 
 I (|u,alitied, shall be ent 
 
 158. in case, by i 
 
 I election is not commer 
 
 (/() The simple duty o 
 
 (late or candidates havin 
 
 J poBcr to decide as to th, 
 
 j This must be left for the 
 
 I Ld'jard, 8 A. & E. 535. 
 
 (i) There is no power 
 I Mice put up or to put up 
 |llA.*K. 512. Ifhoni 
 jto mistake must be cor 
 \r(l Andrews V. Collins, I 
 
 ij) Wliere there is an 
 ju equal number of votes 
 lleiiig made for a casting 
 |i]iiestion on which there iL 
 I for reasons stated an exec 
 lion, see Jfef/. ex rel. Bul<, 
 I ?(ilkrd V. Prosser, 2 V 
 lie. L, J. 103. Thisse 
 jroting on a by-law, Ca. 
 li K. 299, reversing S. C 
 
158,] 
 
 RIOTS AT ELECTIONS. 
 
 117 
 
 jnd shall ut the town hall, or, if there is no town hall, at 
 some other public place, at noon on the day following the 
 teturn of such ballot papers and statements, publicly declare 
 to be elected the candidate or candidates having the highest 
 number of votes, (h) and shall also put up in some conspicu- 
 ous place a statement under his hand shewing the number 
 of votes for each candidate, (t) 46 V. c. 18, s. 155. 
 
 157 — (1) In case it appears, upon the casting up of the J,"^ ""^ **' • 
 yotes as aforesaid, that two or more candidates have an equal have a cnst- 
 namlier of votes, the clerk of the municipality or other per- '"^ ^**''' 
 son appointed by by-law to discharge his duties of clerk in 
 |,is absence or incapacity through illness, and whether other- 
 ffise qualified or not, shall, at the time he declares the result 
 of the poll, give a vote for one or more of such candidates, 
 30 as to decide the election, (j) 
 
 (•'^] Except in such case, no clerk of the municipality shall '^"* •**•'"• 
 
 \'' ^ ••II.- 1 11 • 1- • -^i-i CI wiMnotto 
 
 vote at any municipal election lield in his municipality. See Tote. 
 sec. 319. 
 
 (3) All deputy-returning officers and persons employed D«P"ty- 
 Ls deputy-returning officers and poll clerks, if otherwise offlcr'nia 
 tiualiiied, shall be entitled to vote. 46 V. c. 18, s. ' ~ 
 
 158. In 
 
 156. 
 
 r may 
 vote if 
 qualifieil. 
 
 case, by reason of riot or other emergency, an foJ^^iiencJiT* 
 election is not commenced on the proper day, or is interrupted or interrupt- 
 
 (h) The simple duty of the clerk is to declare elected " the candi- 
 Idate or candidates having the highest num1)er of votes." He has no 
 
 poncr to decide as to the ([ualification of any candidates to he elected. 
 
 This must be left for the decision of a competent tribunal, see Jie(j. v. 
 I Uiljard, 8 A. & E. 535. 
 
 ((') There is no power to amend the statement after it has been 
 I once put up or to put up an amended statement, see Jteij, v. Lecih, 
 111 A. 4 E. 512. If he makes a mistake as to the number of ballots, 
 jiis mistake must be corrected by the Court or a Judge, see Reg, ex 
 InlAndreirs v. Collins, 1 Q. B. 1). 33d. 
 
 (j) Where there is an office to be filled and two candidates have 
 |u equal number of votes, neither c.\n fill it without some provision 
 lleing made for a casting vote. The general rule is to negative any 
 hoestion on which there is an equality of votes, see section 241. But 
 I for reasons stated an exception is here created in the case of an elec- 
 hon, see Her/, ex rel. Bulger v. Smith, 4 U. C. L. J. 18 ; Heg, ex M. 
 Wkrd V. Pro8ser,2 V. R. 330; fieg. ex rel. Hume v. Lufz, V 
 
 , C. L. J. 103. This section was held not applicable to the case of 
 hoting on a by-law. Canada Atlantic R. W. Co. v. Camhridge, 14 
 Ia. R, 291), reversing S, G. U O. R. 392. The point is made clear by 
 Ikc, 319. 
 
118 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 158. I «• ^^^'J ^"^^ 
 
 ed by iea«»n after being commenced and before the lawful closing thereof 
 tober^ " the returning officer, or deputy-returring officer, aa the 
 sumed. ^j^g^ j^jg^y Hjq^ shall hold or resume the election on the foUovir. 
 ing day at the hour of ten o'clock in the forenoon, and con- 
 tinue the same from day to day, if necessary, for four days 
 until the poll has been opened without interruption, and with 
 free access to voters for twelve hours in all, or thereabouts 
 in order tliat all the electors so intending may have had a 
 fair opportunity to vote, (k) 46 V. c. 18, s. 157. 
 
 Jleventedfo'r 169. In case the election has not, by the end of the 
 four <iaj», fourth day from the day the same commenced or should have 
 [^'{^""o*^ '' commenced, been kept open for the said twelve hours, the 
 turned, and returning officer or deputy-returning officer, as the casei 
 tloa ordered, may be, sliall not return any person as elected, but shall 
 return his voters' list and ballot papers on the following day i 
 to the head of the municipality, certifying the cause of there 
 not having been an election ; (I) and a new election shall 
 take place, and the head of the municipality shall forthwith 
 issue his warrant therefor, (m) 46 V. c. 18, s. 158. Seal 
 also sec. 181. 
 
 (k) It is iieoessary that during the hours of pollLiig the elec- 
 tors^shall have free access to the polling place, lieg. ex rd Bank i 
 V. Wdmn 3 U. C. L. J. 165. " ' 
 
 (I) ** If rioting takes place to such an extent that ordinary men I 
 having the orilinary nerve and courage of men, are thereby prevented! 
 frqm recording tlieir votes, the election is void by the common law I 
 tor the common law provides that an election should be free in the] 
 sense that all persons shall have an opportunity of coming to the poll| 
 and voting without fear or nwlestation. " Nottingham Ca»e, 1 O'MJ 
 & H. 245 ; see also The Utaffhrd Cass, lb. 234, and The Lrogheda 
 Case, lb. 252. 
 
 {m) The new election is to take place in case the election has not! 
 within four days from the day on which it commenced, or sliouli 
 have commenced, been kept open twelve hours, and the returuinij 
 officer or deputy-returning officer as the case may be hasnotreturiiel 
 any person ;n elected, but has certified the cause of the failure, jd 
 such officer should so far forget his duty as to return any of tht 
 candidatua elected, the election would no doubt be set cside. Rfnl 
 ex ref. Dar'iM v. Wilson. 3 U. C L. J. 165. Where it was swon 
 that intending voters for an unsuccessful candidate -vera ob 
 structed in approaching the polling place by a crowd controlled bJ 
 one of the successful candidates, and neither the fact of the obstrucj 
 tion nor the control was unequivocally denied by that candidate, thi 
 election was set aside. Jfeg. exrci. Uibhsv. lirdiiii/linv, 3 U. C. L}^ 
 ]fl7. The tendency of modern decisions is not to cotnpel n party td 
 priV cost" unless it be shov/n that he participated in the impropej 
 C'^'iducv :or which the election is set aside. H-.i. ex rel DavltyX 
 ^Vdaon, 3 U. C. L. J. 165. 
 
s. 162.] 
 
 DISPOSITION OF BALLOT PAPERS. 
 
 119 
 
 160. When a poll has been duly held in each of such ^/"\*'fJ*°^ 
 wards or polling subdivisions, and the ballot papers and duty of ih« 
 statements hereby directed to be returned to tlie clerk have " ' 
 been so returned to him, the clerk shall, without opening 
 jny of the sealed packets of ballot papers, cast up from said 
 statements the number of votes given for each candidate for 
 jBV office in respect whereof the election has not been pre- 
 viously declared, together witli the votes appearing by the 
 statements previously returned for other wards to be given 
 for the candidate, and shall at noon on the next day, at the 
 town hall, or if there is no town hall, at some other public 
 place, publicly declare to be elected the candidate or candi- 
 dates having the lar'jjest number of votes polled, (n) 46 V. 
 c, 18, s. 159. 
 
 161- The person or persons so elected shall make the Deciarmtion 
 necessary declaratiorts of office and qualification and assume tinn ^'""'''" 
 office accordingly, (o) 46 V. c. 1&, s. 160. •*«•• 
 
 
 DlVLSION VI. — MiSCELLANKOUS PkoVISIONS. 
 
 })isposition of Ballot Papers. Sec. 162. 
 
 Inspection of Ballot Papers. Sec. 163. 
 
 Ee-count of Votes. Sees. 163-165. 
 
 I'roduction of Documents, how far evidence, etc. Sec. 166. 
 
 Ofences and Penalties. Sees. 167, 168. 
 
 ^icreci/ of Proceedings at polli ng places. Sees. 169-171. 
 
 Candidates may do Agents' duty. Sec. 172. 
 
 yon-attendance of Agent". Sec. 173. 
 
 Computation of time. Sec. 174. 
 
 fichiiical objections not to prevail. Sec. 175, 
 
 hpenses of Clerk of Municipality, etc. Sec. 176. 
 
 162. Tlie clerk of the municipality shall retain for one Uaiiotpapera 
 month all ballot papers received by liim or forwarded to him or* '*^'***** 
 I in pursuance of this Act by deputy-returning officers, (^>) 
 and then, unless otherwise directed by an order of a Court 
 
 (n) See notes to sec. 156. 
 
 (o) Acceptance of otfice when the person elected is qualified to be 
 I elected is obligatory, aee section 277. 
 
 (;)) This is with a view to a coutost, if any bo intended as to the 
 
 Ivilidity of the election. 
 
••' 
 
 120 
 
 THE MUNICIPAL MUNUAL. 
 
 [s. 162. 
 
 or Judge of competent, jurisdiction, shall cause them to be 
 destroyed in the presence of two witnesses whose declara- 
 tion that they have witnessed the destruction of such papers 
 shall be taken before the head of the municipality, and tiled 
 amongst the records of the municipality by the said clerk 
 (q) 46 V. c. 18, 8. 161. 
 
 B»}J»tpaper8 \Q2. — (1) No person shall be allowed to inspect any liallot 
 
 «d only by papers in the custody of the clerk of the municipality except 
 
 Oourtor' under the order of a Court or Judge of competent jurisdic- 
 
 Judge. tion, to be granted by the Court or Judge on being satisfied 
 
 ))y evidence on oathtliat the inspection or production of such 
 
 ballot papers is recjuired for the purpose of maintaining a 
 
 prosecution for an offence in relation to ballot papers, or for 
 
 the purpose of a petition questioning an election or return- 
 
 and any such order for the inspection or production of ballot 
 
 papers shall )m obeyed by the clerk of th(? municipality. (}•) 
 
 i!^*BHrieoYto (-) '^''^ order may be made subject to sucii conditions as 
 
 oonaltHonf. to pe»Nf)ns, time, place, and mode of opening or inspection as 
 
 the Court or Judge making the order thinks expedient. («) 
 
 Kocountr.f ^3) Ji, (.o;^. it, ; in.'ule to appear, on tlie athdavit of a 
 
 County credible person, to l.he County Judge of the county in wliidi 
 
 the n)uni( ipjiUty is situat(!d, at any time within t'ourteen 
 
 days from tlu time the ballot papers are received bytlieclpik 
 
 of the munieipality, that a chsputy-retiirning otKi-er at anv 
 
 election in such municipality for mayor, aldermar., reeve 
 
 Judge. 
 
 iq) After a month, it may Ixs saiil, if there I)e no order to the con- 
 trary from the Cour*^ ')r a Judge, that the huilot pajjors have servi-i 
 their purpose and tliat their further retention wouhl serve no l'cxhI 
 inirpose. They are to l)e destroyed in the preseneu of two witne«s»sj 
 whose declaration in writing that they have witnessed the destruction ' 
 is to be tiled among the records of the municipality. 
 
 (r) One object of the ballot is secrecy. But this "s not the omIv 
 object. P'U'ity of election is anotlier object, VN'here to attain! 
 purity of election it is necessary that an inspection of the laljotj 
 papers should be had, it may be had under the circum8t'ini.f», men- 
 tioned in this section. Thehu are when required for the i)urpo8c of 
 maintaining a prosecution for an otfcnce in relation to ballot paper',! 
 Bee Iffff. V. lieardmll, 34 L. T. N. 8. GO I, or for the p\u-pose of J 
 petition ([uestioning an election or return, see In re. Election of Rmn 
 of Etlwanhhurg 13 U. C. L. .1. N. S. 44. In either of these case/ 
 the onier for inspeotion may be made by the Court or a Judge of] 
 competent jurisdiction. 
 
 (h) a form of order for inspection will be found in Rtg, v. Beards 
 all, 34 L. T. N. S. 661. 
 
 163 (7.)] 
 
 I deputy-reeve, counc 
 the votes Jias improf 
 jtsueh election, tin 
 rKOunt the votes, 
 pindiflates of the tir 
 
 j re-count tli c^ same. 
 
 (4) At the time 
 
 applicant sluiJI depot 
 
 tlie .sum of $25 hs 
 
 I oli.'iri;p-s and e.vpens* 
 
 j ajipliivuit., and the .si 
 
 [olerk without the ordi 
 
 (.1) The County Ju 
 
 tilt' ballot f)oxe.s, arid < 
 
 to attend the re-count 
 
 Ifitli tlie sanction of 
 
 [tjifie-pount of the voi 
 
 (()) At the time an( 
 
 liill proceed to ?-e-ct 
 
 L^'ivcd by the elerk < 
 
 |fn'-"ii((' nt" the partiii 
 
 jpn-iiicc of such of tliei 
 
 Lint.iiiiiiii,' [a) the us,., 
 
 loiijirtt'd t(j and luive 1 
 
 iiicli have been obj(Mr 
 
 Ik the deputy-roturni 
 
 ■pis; (,/) tlie.sj)oil(!( 
 
 |i; '■:; .•i!i(| in re-(;oni 
 
 jiiir ilii^ mode in which 
 
 f 1)1' (li.vcovered. 
 
 (') The County Jud^r 
 ntinuoiiNly with the" 
 Ell' for 'freshinent, (!x 
 
 livs (except .so far as In 
 Kii^ between six o'ejoel 
 wliii;' rnocning. Dm- 
 
 Vh' nIi.iII place the Ij 
 latiii!,' to the election i 
 
 W other of the partic 
 
 ■".'ithorwisietakepree.'i 
 !'"'uiiients. 
 
 IG 
 
163 (7.)] 
 
 RECOUNT OP VOTES. 
 
 121 
 
 ^pputy-reevo, councillor, hr water commisHioner, in counting 
 , ,|,e votes has improperly counted or I'ejectetl any ballot papers 
 ,1 such election, the County Judge may appoint a time to 
 j^ount tlio votes, and shall give notice in writing to the 
 pindiflates of the time and place at which he will proceed to 
 f^-eount tilt* same. 
 
 (1) At the time of the application foi- a re-count, the Dopocit by 
 ipplicant shall deposit with the clerk of the County Court *•*»'"''''"'■ 
 tlie sum of i$25 as a security for the payment of costs, 
 i.|,iiivp.s and expenses that nuiy become j)ayal)le by tlie 
 jiipliL'int, and the said sum shall not be paid out by the 
 (l^rk without the order of the Judge. 
 
 (.1) The Coujity Judge, the clerk of the municipality with who may be 
 1 the ballot box(!s, and each candidate; and his ag(!nt a|)poiiited ''^"■'"l"'"' "* 
 loiittciHl the I'e-count of votes, and no other pcM-son except 
 fitli till) sanction of the County Judge shall l)e present at 
 Itlit' re-count of the votes. 
 
 (fi) At the time and place .appointed the County Judge Oppninn of 
 IsIihH proceed to i-e-i^ount all the voles or ballot papers ''""'"''*• 
 Liivc'l l>y tlie clei'k of the inuiiii-ipiility, .•iiid shall in the 
 |nr,-'MK'C of the parties afm-esaid, if tli(\v attend, or in the 
 Ipri'^ciicc of such of them as do attend, open the ^;e!l|(•d pafk<!ts 
 Latiiiiing (") tln^ used l>allot pa])ers which hav»^ not been 
 LiiMtt'il to and have been counted ; (/>) tln^ ballot ]>upers 
 liiiiili h.iv(^ l)een obj<^ct,ed to, but wlii(;h have bei'ii counted 
 Ik the deputy-returning otlicer ; («•) the reje<!ted ballot 
 JMr's ; ('0 the spoiled ballot ])apers ; («) the unused ballot 
 Ll'iT-; ; and in re-tiounting the votes care shall betaken 
 
 fc- ili(^ iinjile in which any particular voter has voted shall 
 be discovered. 
 
 ') Tlie (younty Judge shall, as far as prai-tit-able, proceed n,.. rocount 
 itimioiislv with the re-count of tin- vot^-^ allowiiii; on 1 v '"•'"» •^■"W' 
 11,' for 'Iresinnent, excuuhng onl) hnmlMV-! atid ofi othei-ocLiiog.. 
 vsjcxct'iit so far as he and the partie- a.' ir.-wiid agri'e)the 
 ih but ween six o'clock in the (nening and nine on tlir-suc- 
 ii;' mori\ii»g. During the excluded tinui the County 
 I' :,!iall ])lace the ballot papers and other documenis 
 tiiii; to the election under his own s»»al, and the sfals of 
 other of the parties as desire to aflix theii- seals, and 
 Jl.'ithorwise take precautious for the security of the pap^ rs 
 •louiuents. 
 
 10 
 
123 
 
 THE MUNICIPAL MANUAL. 
 
 [8. 163 (8). 
 
 «D rv-COUDt 
 
 .« «^pj?unt ^^) '^''^ County Judge shall proceed to re-count tlio voU^s 
 as follows : 
 
 1. He shall examine the ballot papers. 
 
 2. Any ballot paper on which votes aregiven to more cttmli- 
 dates then aro to be elected, or on which anything except the 
 name or initials of the deputy-returning oflicer on the bark 
 is written or n>ai"ked by which the voter can be identilied 
 sliall be void and shall not be counted, but a ballot papcf 
 on wliieh votes are given for a greater number of caiulidiitcs 
 for any office than the voter is entitled to vote for shall tie 
 void as regards all tlie candidates for such office, but sliull 
 be good as regai'dt' the votes for any other offices in respect 
 to which the voter has not voted for more candidates tlinn 
 he is entitled to vote for. 
 
 .3. The County Judge shall take a note of any objection 
 made by a candidate or by his agent to any ballot naperj 
 found in the ballot box, and shall decide any question I 
 arising out of the oljjection, and the decision of the County 
 Judge shall be final, (t) 
 
 4. The CoiiiUy Judge shall then count up the votes givcal 
 for i.'aeh candidates upon i\n' ballot papers not rejected, audi 
 mak»> up a written statement, in words as well as in tij^'uics f 
 of the luiiiiber o^: votes given for each candidate, and of the 
 numlx • ')f ballot papcM-s rejected and not counted Ijy liinu 
 which ^*ateul(Mlt shall be made under the several headi 
 following ; 
 
 (a) Name of municipality ; 
 
 (h) Names of the candidates ; 
 
 (c) Numljer of votes for each candidate; 
 
 (d) Papoi-s wanting signature or initials of deputy-i 
 turning officer ; 
 
 (e) Papers rejected as voting for more candidates tlia^ 
 entitled to ; 
 
 (/) Papers rc^jected as having a writing or n)ark b] 
 which voters could be identified ; 
 
 {g) Papers rejected as unmarked or void for uncertainty. 
 
 (t) Final, th.it is regarda proceedings under this sectidn. Oth^ 
 remedies are not inteitered with. See sec. 1U4. 
 
 I (3) The payment of , 
 Me niiiy be enforced 
 pttt'ls, to be issued i 
 llerc'in the order of the 
 mount at v/hich the cc 
 fee non-payment thereof 
 
 166. Where a rule c 
 
 Vlio clerk of themuni( 
 ssion relating to any .s 
 Nocuinent by the cle 
 W(l by the rule or ordt 
 ie document relates to 
 Klursenient appearing oi 
 
166.] 
 
 COSTS ON KECOONT OP VOTE. 
 
 123 
 
 5, Upon the completion of the re-count, or as sobn as he 
 jjg thus asoertfiined tlic result of tlie poll, the County 
 I Judge shall seal up all the ballot papers i:i separate packets, 
 ^i shall forthwitli certify the result to the clerk of the 
 nanicip'ility, who shall then declare to be elected the can- 
 having the highest number of votes ; and in case of 
 L equality of votes, the clerk of the municipality shall 
 ve tlie casting vote as provided in section 1 57 of this Act. 
 \'0.c. 18, 8. 162. 
 
 lAl. Nothing in the preceding s(>etion contained shall Bxiuing 
 
 I ^"^ " . ^ , ?. , n-medlos not 
 
 destroy or prevent any remedy which any person nuiy now effected. 
 
 Lave under or by ^ito warranty or otherwise. 46 V.c. 18,8. 163. 
 
 155. —(1) All costs, charges and expenses of, and inci- cort« of ap- 
 I dental to an application for a re-count and to the proceedings 
 Icoiisequcnt thereon shall be defrayed by the parties to the 
 Ijppliciition in such manner and in such proportion as the 
 IjuJge may determine, regai-d being had to the disallowance 
 Icfanv costs, charges or expenses which may in the opinion 
 
 the -Judge have been caused by vexatious conduct, 
 lint'ounfh'd allegations, or unfounded ol ejections on the part 
 Ifi'.her of the applicant or the respondent, and regai-d being 
 to tlie discouragement of any needless expense by 
 Itlirowin.i; the burden •)f defraying the same on the parties 
 IliTwhom it has been caused, whether such parties are or 
 
 I not ou the whole successful. . 
 
 (2) The costs may be taxed in the same manner, and Ta'.ation of 
 willing to the same principles as costs are taxed between'' 
 lolicitor and client ia the County Court. 
 
 (;i) The payment of any costs ordered to be paid by the Recovery of 
 i(l;;e may be enforced by an execution against goods and 
 atti'ls, to be issued from any C'ounty C^ourt, upon filing 
 Herein the order of the Judge and a certificate shewing the 
 mount at v^hich the costs wei-e taxed and an alhdavit of 
 lie noii-j»ayment thereof. 46 V. c. 18, a. 1G4. 
 
 166. Where a rule or order is made for the production Produotioo 
 ftlic cltM'k of the municipality, of any document in his pos- menu and 
 isinn relating to any specified election, the production of *"'|°^™*°^ 
 jkedocument by the clerk, in such manner as may be di-papoM.evi- 
 Kteil by the rule or order, shall be conclusive evidence that f*"** '"'**'" 
 
 (iooumcat relates to the specified «?lection : and any 
 Wurseiiifnt appearing on any packet of ballot papers pro- 
 
 t&in paiwrs. 
 
I'y'l 
 
 > I 
 
 ^ Hf 
 
 
 !IH! ti f I 
 
 ^f 
 
 
 124 
 
 OtTencM. 
 
 FVnalty by 
 
 iDi|iriiion- 
 
 luuiit. 
 
 Money 
 peimlty lor 
 offuucei. 
 
 THE MUNICIPAL MANUAL. 
 
 [b. 166, 
 
 duuetl by the dork Himll Ih) evidence of such pujM'rs Immh , 
 wluvt tliey tiro Htatcd to be by the endorsonieut. 40 V (^ 
 18, 8. 105. 
 
 167— (I) Nope^s^mHhnll — 
 (a) Without duonathority supply any ballot papor touiiv 
 person ; or 
 
 (h) Fraudulently put into any ballot box any paper otlior 
 than the ballot paper, which ho is authorized by law to pm 
 in ; or 
 
 (c) Fraudulently take out of the pollinj^ place any ballof 
 paper ; or 
 
 (<f) Without due authority destroy, take, open, or otlifr- 
 wise interfere with any l)all()t box or packet ot" ballot pjiiicis 
 tlu'n in use for the purposes of the election, 40 V. c. 18 s 
 100 (1). 
 
 (e) Apply for a ballot paper in the name of 8onie otlur 
 person, wliether that nnuie is of a jiei-son livinj,' or (lead, op 
 of a fictitious jK'rson, or having; voted om-e mid not l)(>iii<r 
 entitled to vote Jij^ain at an election, shall a])i>lyat the sjiinc 
 election for a ballot paper in his own name;. This provision 
 is not to be «!onst»'Uf'r| ;is including' a ]>erson aIio applies for 
 such ballot puptir belicx in;; that he is tli(» person intciidtfl 
 by the name enter«'d on the voters' list in resju'ct of wlijdi 
 he so applies for a b.-illot paper. 51 V. c. 2^, s. 12. 
 
 ('J) No person shall atteini)t to coniniitany ollence spciiiticd 
 in thi.s section. 
 
 ('.)) A pcfson ^'iiilty of any violation of this section] 
 shall be liable, if he is the clerk of the municipality, to im-, 
 pri.sonment for any tt^rrn not exeeedinpf twoyeai\s, witli or 
 without liai'd labour; and if he is any otiier person, to iin-i 
 prisoiniient foi- a, term not ext;e(Klinj; six months, with ( 
 without hard labour. (//) 10 V. c. iH, s. 100 {2, .'{). 
 
 168- F'very ollic(!r and cU^rk who is j^uilty of any wilfuij 
 niisf(!asance, or any wilful act oromission in (rontraNciitioiifi 
 
 {it) While the TiO(!(il bogislntnre ha» no ^'cncrnl power under tli^ 
 B. N. A. Act. to lc'j,'i«ljvto as to crime or criminal proceduic, it liu( 
 
 1)ower to pnninli 1>y tine or iiHprisoiniient with a view of unlorciii^tiid 
 UWH witliiii its juiis(ii(!tir)ii AVf/. v. Unartlmcin .SO U. ('. Q. K. 5.)$ 
 It in not ill the Hcctioii (Icolnred whether prooe(iui'e slinli liu by iiJ 
 (lictmeiit or otliurwiH>', see Ii>'i/ v. Uniilir, '23 U. C. C 1'. 'SM ; W'iliii 
 V. JJowa,, HI V. C. Q. H. 504. 
 
 ri III an action by a defo 
 P officer, there being no al 
 ^uiy votes or sutfered at 
 *iif<i of, it was licld on 
 m only of being a cam 
 ttioii, and further, that ni 
 hijreach of seotH. IlO-Je? 
 
 r ^''« I'fthility to a pena 
 
 ■tff or clerk guilty of »/. 
 
 won in contravention c 
 
 laws of mere neglect, see 
 P notes thereto. 
 
169 (6).] 
 
 MAINTAININO RRORKCY OP BALLOT. 
 
 125 
 
 lilioseotlonH 1 19 to 107 in»'lusiv<i, of tluH Act, hIuiII, in addition 
 Iwany other penalty or liiihility to which ho may l)0 8U*'«" * 
 llorfpit to any prrson at;L,'ri(n-od (v) hysuch niisfenHance, .*», 
 Lission, a poniil siuii ot" .f400. («') 40 V. c. 18, a, 107. 
 
 169.— (1) Every otKcor, ch'rk and airont in attondance atM'i"^'",'"* 
 
 I I 111 • «•!• •• ii WK.rocy or 
 
 , polling placi' Hhall maintain and aid in mamtaiTung the procnwiinKi 
 Ircrecy of the voting at the polling place. plaowll'"' 
 
 i2) No officer, clerk or agent, and no person whosoever, 
 Lj„ interfere with or attempt to interfere with a voter 
 lilieii marking his vote, or otherwise attempt to obtain at 
 Itjie polling plate information as to the candidate or candi- 
 Lites ior whom any voter at such polling place \h about to 
 Itote or lias voted. 
 
 (3) No officer, clerk, agent or other person sliall communi" 
 Ifljteat any time to any jxM'son any information obtained at 
 Ij polling place as to the candidate or candidates for whom 
 
 jiy voter at such polling place is about to vote or has voted. 
 
 (4) Every officer, clerk and agc-nt in attendance at the 
 [ouiiting of the votes, shall maintain and aid in maintaining 
 lie secrecy of tl e voting, and shall not communicate or at- 
 
 upt to communicate any information obtained at such 
 punting as to the candidate or candidates for whom any 
 [ote is given in any particular ballot paper. 
 
 (5) No person sliall, directly or indirectly, induce a 
 )t«r to display his ballot paper after he has marked the 
 lie, 80 as to make known to any person the name of any 
 indidiite or candidates for or against whom he has marked 
 
 i vote. 
 
 (G) Every person who acts in contravention of this section Pennity for 
 ill 1)6 liable, on summary conviction before a Stipendiary "„! twl*" 
 Metion. 
 
 |ir| In an tvction by a defoatod candidate against a deputy return- 
 
 ficcr, there being no allegation that tlie plaintiff lost his election 
 
 tinv votes or autfercd any pcraonal grievance by the acts com- 
 
 ined of, it was held on (lenmrrer that the plaintiff was not by 
 
 lonouly of being a candidate, a " person aggrieved " within this 
 
 tinii, and further, that an action for this penalty would only lie 
 
 rikeachof seots. 119-J67. Atkins* v. Ptolemy, 5 O. R. 8<>G. 
 
 liid The liability to a penalty of $4()0 only arises in the case of an 
 pr or clerk guilty of ivil/ul misfeasance or of a wilful act or 
 pjon in contravention of the Act. The section is iuappliuablo 
 |aK8 of mere neglect, see sees. 225, and 227 of the Assessment Act 
 M Dotes thereto. 
 

 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 1.0 
 
 U£|Z8 |2.5 
 
 |5o *^~ H^H 
 
 Gt lii |2.2 
 
 E lii ■" 
 
 I.I 
 
 L25 iU 11.6 
 
 I 
 
 V 
 
 vl 
 
 
 V-*' 
 
 ^ 
 
 «» 
 
 Photographic 
 
 Sdences 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. MS80 
 
 (716) 872-4503 
 
 
 '9>'- 
 

26 
 
 THE MUNICIPAL ATANUAL. 
 
 [9. 169. 
 
 Statutory 
 declaration 
 of secrecy. 
 
 Magistrate, Police Magistrate, or two Justices of the Peace, 
 to imprisonment for any term not exceeding six months, 
 with or without hard labour, (a;) 46 V. c. 18, s. 168. 
 
 170- The clerk of the municipality, and every officer, 
 clerk or agent, authorized to attend a polling place or at the 
 counting of tlie votes, shall, before the opening of the poll, 
 make a statutory declaration of secrecy in the presence, if 
 he is the clerk of the municipality, of a Justice of the Peace, 
 and if he is any other officer, or clerk, in the presence of a 
 Justice of the Peace or of the clerk of the municipality ; 
 and if he is an agent of a candidate, in the presence of a 
 Justice of the Peace or of the clerk of the municipality, or 
 of the deputy-returning officer at whose polling place he is 
 appointed agent ; and such statutory declaration of secrecy 
 shall be in the form mentioned in Schedule H to this Act, 
 or to the like effect. 46 V. c. 18, s. 169. 
 
 No one com- 171. No person who has voted at an election shall in any 
 diflc'ose hu legal proceeding to question the election or return, be required 
 vote. to state for whom he has voted, (y) 46 V. c. 18, s. 170. 
 
 Candidates 172. A candidate may himself undertake the duties which 
 take duties' ^^V agent of his, if appointed, might have undertaken, or 
 of an agent, may assist his agent in the performance of such duties, and 
 may be present at any place at which his agent may in pur- 
 suance of this Act be authorized to attend ; (2;) but no can- 
 didate shall be present at the marking of a ballot by an 
 incapacitated votei', or a voter unable to read under section 
 149. 46 V. c. 18, s. 171. 
 
 Bxppemiong 173. When in the sections of this Act numbered from 1 1 9 
 
 referring to to 172 inclusive expressions are used, requiring or authoriz- 
 
 agents. j^g any act or thing to be done, or inferring that any act 
 
 or thing is to be done in the presence of the agents of the 
 
 ^i m 
 
 ifi' 
 
 («) See note « to sec. 167. 
 
 (y) Secrecy is the privile^ge of the voter. He cannot in any legal 
 proceeding to question the election, be compelled to state for wliom 
 he has voted. But there is nothing to restrain him from stating for 
 whom he voted if he see fit volu>itarily to do so. His doing so vol- 
 untarily is certainly not made illegal by the Act. See Bernard v, 
 Brillon, M. L. R. 1 S. 0. 121. 
 
 {z) It would seem that a candidate whether acting in the place of 
 his agent or not has a right to be present (see also sec. 151) and so 
 long as he properly conducts himself cannot be ejected from the poll- 
 ing place, see Clementson v. Maaon, L. R. 10 0. P. 209. 
 
B. 175.] 
 
 TECHNICAL OBJECTIONS TO ELECTIONS. 
 
 127 
 
 Public holi- 
 days &o. 
 excluded ii> 
 reckoDing 
 time under 
 K8. 119172, 
 except for 
 iiomiDation 
 and election 
 of mayorfl, 
 
 candidate, such expressions shall be deemed to refer to the 
 presence of such agents of the candidates as are authorized 
 to attend, and as have in fact attended, at the time and 
 place where sucli act or thing is being done ; and the non- Non-attend- 
 attendance of any agent at such time and place shall not, if "g^^^ 
 the act or thing is otherwise duly done, invalidate in any- 
 wise the act or thing done, (a) 46 V. c. 18, s. 172. 
 
 174. In reckoning time for the purposes of the said sec- 
 tions, Sunday and any day set apart by any act of lawful 
 authority for a public holiday, fast or thanksgiving, shall be 
 excluded; and where anything is required by this Act to be 
 done on a day which falls on such days, such things may 
 l)e done on the next juridical day ; but nothing in this section 
 contained shall extend or apply to the days fixed by this 
 Act for the nomination or election of candidates for the 
 offices of mayor and aldermen in cities, and mayor, reeve, 
 deputy-reeves and councillors in other municipalities, (b) 
 46 V. c. 18, s. 173. 
 
 175. No election shall be declared invalid by reason of a No election 
 non-compliance with the rules contained in this Act as to the ^^r want'of* 
 taking of the poll or the counting of the votes, or by reason compliance 
 of aii)'^ mistake in the use of the forms contained in thepiosof Act" 
 Schedules to this Act, or by reason of any irregularity, if it '^^^^^Iq^^^^ 
 appears to the tribunal having cognizance of the question that 
 
 the election was conducted in accordance with the principles 
 laid down in this Act, (c) and that such non-compliance or 
 
 (a) The attendance of agents of the candidates is for the purpose of 
 satisfying the candidates of the good faith of the proceedings. But 
 if candidates do not appoint agents or if their agents do not pee fit to 
 attend, it would be absurd, if a proceeding, in all respects honest 
 and correct, were thereby invalidated. The object of this section is 
 to prevent the drawing of any such inference from the omission of 
 authorized agents to attend. 
 
 (h) The effect of excluding Sunday, public holidays, fast or thanks' 
 giving days from being reckoned as days for the purposes of the 
 sections, is to enable acta which would otherwise require to be done 
 on such day to be lawfully done on the next juridical day. See /w 
 re. Poole Election, L. R. 9 C. P. 425 ; In re West Toronto Election, 
 31 U. C. Q. B. 409. 
 
 (c) Nothing can be more difficult than to say what are the prin- 
 ciples of a Statute comprehending together with the schedules nearly 
 700 clauses. One principle is that the voting should be secret. 
 Another principle is that the electors should have a fair opportunity 
 of recording their votes. See per Grove, J., in the Hackney Case, 31 
 L^T. N. S. 69, 71. An election should be declared void if the 
 
 nr 
 
 -■t H 
 
 ^ip 4 
 
 \ -t 
 
 'J i . ,■ 
 
 ui 
 
 li' 
 
 <■'', 
 
 ■U 
 
 I'i W 
 
 4^1 
 
128 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 175. 
 
 refiinded. 
 
 mistake or irregularity did not affect the result of the elec 
 tion. (d) 46 V. c. 18, s. 174. 
 
 Bxpenses in- ^fQ. The reasonable expenses incurred by the clerk of the 
 offlcers to be municipality and by the other officers and clerks for printing 
 TofiinHoH providing ballot boxes, ballot papers, materials for markinsj 
 ballot papers, polling compartments, transmission of the 
 ])ackets required to be transmitted by this Act, and reason- 
 able fees and allowances for services rendered under this Act 
 shall be paid to the clerk of the municipality by the treas- 
 urer of the municipality, and shall be distributed by the 
 clerk of the municipality to the several persons entitled 
 thereto, (e) 46 V. c. 18, s. 175. 
 
 ^- ^^'4 
 
 Division VII.— Vacancies in Council. 
 
 /iy Crime, Insolvency, or Absence. Sec. 177. 
 
 QiM Warranto proceedings. Sec. 178. 
 
 /ly Resiynaiion. Sees. 179, 180. 
 
 11 ow filled,— New Elections. Sees. 180-182, 185. 
 
 Seat held for residue of term. Sec. 183. 
 
 Not to prevent organization of Council. Sec. 184. 
 
 /n certain cases Council to fill. Sec. 186. 
 
 tribunal which is asked to avoid it is satisfied that there was no real 
 electing at all, or that the election was not really conducted under 
 the subsisting election laws, see per Coleridge, C. J., in Woodward 
 y. Sarsons, L. R. 10 O. P. 733, 743. 
 
 {d) It is now a canon of election law that an election is not to be 
 «et aside for a mere informality or irregularity which cannot be said 
 in any manner to liave affected the result of the election. Reg. v, 
 litctor of St. Mary, Lambeth, 8 A. & E., 356 ; Reg. ex rel. Walker v 
 Mitchell, 4 P. R. 218 ; In re Monk Election, 32 U. C. Q. B. 147 '. 
 Reg. V. Plenty, L. R. 4 Q. B. 346 ; Rer/. v. Ward, L. R. 8 Q b' 
 •210; Reg. v. Cousins, 28 L. T. N. S. 116; Reg. ex rel. Harris v. 
 liradhurn, 6' P. R. 308 ; Reg. ex rel. Preston v. Touchburn, Ih. 
 *M4 ; Shaw v. Thompson, 3 ( h. D. 233. But where it appears that 
 the irregularity is of such character and magnitude that it may have 
 uffected the result, the election ought to be set aside : Hackney Elec- 
 Hon, 31 L. T. N. S. 69; Woodward v. Sarsons, L. R. IOC. P. 743; 
 Mather v. Brown, 1 C. P. D. 596 ; In re Johnson v. Lambton, 40 U 
 O. Q. B. 297. 
 
 (c) The Act does not contain any provision for the taxation of the 
 amount of these services. Their reasonableness therefore must in 
 the first instance be judged of by the treasurer of the municipality. 
 In the event of a difference between him and the person who per- 
 formed the services as to their value the amount can only be settled 
 by action or arbitration. 
 
 s. 177.] 
 
 177. If, aftei 
 council, he is c 
 becomes insolvei 
 or applies for n 
 close custody, o 
 creditors, or at 
 council for thre 
 do by a resolutio 
 seat in tlie counc 
 the council shall 
 election. (/^) 46 
 
 (/) The contingf 
 effect of vacating a 
 
 1. Being convicte 
 
 2. Becoming inso 
 See Aslatt v. Sotitha 
 
 3. Applying for r( 
 4 Remaining in c 
 
 5. Assigning prop 
 
 6. Absence for th 
 resolution entered ii 
 from which the thr 
 Mrolia, 28 Grant 9i 
 
 The Municipal Ac 
 his goods, a good g 
 municipal council, se 
 
 (g) As to the me 
 vacant," &c., see AV 
 4 E. 963 ; Hardwick 
 
 (h) There must be 
 ordered. Price v. Da 
 resignation to take e 
 anew election. Lina 
 10 hid. 62 ; People 
 Bishop of Coventry, '. 
 Municipal Corporat 
 cumbent is vacant, v 
 J., in Stocking v. Sta 
 344. Where' the ofl 
 gency than death, a 
 holding it, tlie propei 
 and not a writ of ma 
 %. V. Cornwall, . 
 B. 143, S. a, 6 Q 
 But it would app 
 cedure given by th 
 not be adopted, /i 
 208. The expensive 
 
 J7 
 
s. 177.] 
 
 VACANCIES IN COUNCILS. 
 
 129 
 
 177. If. after the election of a person as member of a seats to be- 
 
 *.,,'. • X 1 n J! ^ ' £ • come vacant 
 
 council, he is convicted of felony or mtamous crime, or by crime, in- 
 becomes insolvent within the meaning of the Insolvent Acts, J^n'^^itc. 
 or applies for relief as an indigent debtor, or remains in 
 close custody, or assigns his property for the use of his 
 creditors, or absents himself from the meetings of the 
 council for three months without being authorized so to 
 do by a resolution of the council entered in its minutes, his 
 seat in the council (/) shall thereby become vacant, (g) and 
 the council shall declare the seat vacant, and order a new 
 election, (/t) 46 V. c. 18, s. 176. 
 
 (/) The contingencies which, under this section, will have the 
 eifect of vacating a seat in the council are : 
 
 1. Being convicted of felony or infamous crime. 
 
 2. Becoming insolvent within the meaning of the Insolvent Acts. 
 gee Aslatt v. Sotitha7npton (Mxtyor (fcc), 50 L. J. Ch. 31. 
 
 3. Applying for relief as an indigent debtor. 
 4 Remaining in close custody. 
 
 5. Assigning property for the use of creditors. 
 
 6. Absence for three months from the council without leave by 
 resolution entered in the minutes of the council. As to the time 
 from whiclr the three months is to be computed, see Mearna v. 
 MroUa, 28 Grant 98, 
 
 The Municipal Act of 1866, made the return of nulla bona against 
 big goods, a good ground for vacating the seat of a member of a 
 municipal council, see In re Wood, 26 U. C. Q. B. 513. 
 
 [g) As to the meaning of the words, " shall thereby become 
 vacant," &c., see Rtx v. Oxford, 6 A. & E. 349 ; Beg. v. Leeds, 7 A. 
 i E. 963 ; Hardwick v. Broion, L. R. 8 0. P. 406. 
 
 (i) There must be an actual vacancy before a new election can be 
 ordered. Price v. Baker. 13 Am. 346. An anticipated vacancy, or a 
 resignation to take effect at a future time, is no ground for ordering 
 anew election. Lindsay v. Luckett,^^ Texas, 5\(i; Biddle v. Willard, 
 10 lud. 62 ; People v. Wetherell, 14 Mich. 48. See also Colt v. 
 Bishop of Covenlry, Hob. 150; Owen v. Stainoe, Skin. 45; Glover on 
 Municipal Corporations, 216. "An existing office witliout an in- 
 cumbent is vacant, whether it be a new or an old one," Per Stuart, 
 J,, in Stocking v. State, 7 Ind. 326 ; see also Collins v. State, 8 Ind. 
 344. Where the office becomes vacant, through any other contin- 
 gency than death, and the perron whose seat is vacant insists on 
 holding it, the proper remedy against him is quo warranto procedure 
 and not a writ of mandamus on the mayor to hold a new election, 
 Beg. V. Oormvall, 25 U. C. Q. B. 293 ; Reg. v. Rowley, 3 Q. 
 B, 143, S. C, 6 Q. B. 668 ; Beg. v. Bippon, 1 Q. B. D. 217. 
 But it would appear that in such a case the summary pro- 
 cedure given by this Act, in the nature of a quo warranto, can- 
 not be adopted. Beg. ex rel. McGouverin v. Laiolor, 5 P. R. 
 208, The expensive and dilatory proceeding authorized by the 
 
 17 
 
 1 Pi'n 'Vn'i?iP^''jl 
 
 Mi 
 
 r 
 
 i 
 
 i 
 
 ! 
 
 'f 
 
 V 
 
 
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 ^ 
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 1 
 
 
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 t 
 
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 -- 
 
 i 
 
 
 
 
 
 
 
 
 
 
 
130 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 178. 
 
 Quo vmrr- 
 
 an/0 proc««'il 
 logs on 
 omitting to 
 vacate seat. 
 
 178. In the event of a member of a municipal coun 
 cil forfeiting his seat at the council or his right tliRreto or 
 of his becoming disqualified to hold his seat, or of his seat 
 becoming vacant by disqualification or otherwise, he shall 
 , forthwith vacate his seat, and in the event of his omittinw 
 to do so at any time after his election, proceedings by quo 
 warranto to unseat such member, as provided by sections 
 187 to 208, both inclusive, of this Act, may be had anrl 
 taken, and such sections shall, for the purposes of such pro- 
 ceedings, apply to any such forfeiture, disqualification or 
 vacancy, (i) 46 V. c. 18, s. 177. 
 
 Any member 179. Any mayor or other member of a council niay, with 
 
 wi'th consent tbe Consent of the majority of the members present, to ho 
 
 of m^ority entered on the minutes of the council, resign his seat in thn 
 Of council, ^^^^^jj ^^.^ 4g y ^ jg^ ^ j7g 
 
 statute of Anne would therefore have to be adopted. See Bea 
 ex rel. Hart v. Lindmy, 18 U. C. Q. B. 51. "" 
 
 (i) Until 1874 there was no more in the Municipal Act than the 
 simple declaration that, on the happening of the events mentioned 
 the seat should become vacant. No mode was provided for the re! 
 moval of the person whose seat was declared vacant, except in tin; 
 case of a disqualification to hold the seat at the time of the election 
 and an appHcation made by summons in the nature of a quo wnrrant'o 
 M'ithin four weeks after the acceptance of office, or six weeks ufter 
 the election. See Jietj. ex rel. JUcGoiiverm v. Lnwlor, 5 P. R. 208, 
 Bj' the Act 37 Vict. c. 16, sec. 6, the needed amendment of the 
 law was supplied, and this was the origin of the above section. 
 
 (k) A resignation implies that the person resigning has beer, elected 
 to the office which he resigns, and has accepted that office. Heg, v 
 BUzard, L. R. 2 Q. B. 55 : Hardiuick v. Brown, L. R. 8 C. P. 406; 
 Miller v. Supervisors, 25 Cal. 93. Where the person elected instead 
 of accepting office refuses office, he may, under certain circumstances 
 dischiim even before proceedings are taken to unseat him. Sec. 202, 
 The right of a member of a municipal corporation to resign in the 
 absence of express provision authorizing it, has been doubted. lieij 
 v. Tidderley , 1 Sid. 14, Com. Dig. title " Franchise," P. 30; Bex'y. 
 Rippon, 1 Ld. Rayd. 563 ; Reg. v. Lane, 2 Ld, Kayd. 1304 ; see also] 
 Stale V. Ferguson, 31 N. J. (2 Vroom.) 107 ; Letois v. Oliner, 4 Abh, 
 Pr. 121 ; People v. Porter, 6 Cal. 26 ; Oaten v. Delaware Oouiity, 12 1 
 Iowa 405 ; United Staten v. Wright, 1 McLean 509. In 2 Roll, Ab, 
 456, it is said that an alderman, with the assent of the corporation, I 
 may resign his office in the corporation, and that the corporation may] 
 accept the resignation as of right. Where the Act which sanctionss) 
 resignation prescribes the mode, that mode must be followed. Bexv.\ 
 Huglief, 5 B. & C. 886; Rex v. Ripnon, 1 Ld. Rayd. 503; Rnv.\ 
 Payne, 2 Chitty 367 ; Reg. v. Morton, 4 Q. B. 146. Where no parti- 
 cular mode is specified, the resignation need not be in writing orl 
 other set form. Rex v. Rippon, I Ld. Rayd. 563 ; Reg. v. iancj 
 
 a 180.1 
 • -■ 
 
 180. Thewa 
 verbal intimati( 
 to the county cl 
 case of vacancy 
 all the members 
 
 2 Ld, Rayd. 130^ 
 Qlouceder, Holt 45 
 State V. Allen, 21 J: 
 Police Board, 26 n! 
 mation to the coun 
 clerk, if not in sessi 
 can only be effectivi 
 members present, t( 
 such consent be give; 
 %. V. Lane, 2 Ld. 
 Jenning's Case, 12 Al 
 Imn, 4 B. & Ad. 9 ; 
 243; State v. Ancke 
 13 Am. 384, In ggj 
 dental to the power 
 Jenning's Case, 12 M 
 r. Hopkins, 9 M. & 
 they cannot be held 
 is an implied resignai 
 9; Bex v. Hughes, 5 
 V, Williams, 9 Gill & 
 the second office is su 
 ward v. Thatcher, 2 1 
 1615 ; Crane v. Hollc 
 that quo warranto is i 
 Oahriel v. Clerke, Cro 
 Where the same authi 
 culty on the point. ^ 
 Bond, 6 D. & R. 333^ 
 the consent of some pj 
 section the acceptance 
 ferent body, could not 
 Offices are incompatib 
 the incumbent cannot 
 both, Staniland v. H^ 
 iC.418; People ex 7 
 Bryan \. Cattell, 16 Jo 
 of the council are inco 
 aud sec. 250. If, bi 
 otherwise, a person h" 
 law hold it, things m 
 ascertained and pronoi 
 ted to try the que8ti( 
 freasurer of a municipa 
 l»nk agent. Ingersoll 
 
 (fl See preceding note 
 
180.] 
 
 RESIGNATION OP WARDEN. 
 
 131 
 
 180. The warden of a county may resign his office (I) by Re»|«««a«oB 
 verbal intimation to the council while in session, or by letter proTided for. 
 to the county clerk if not in session, in which cases, and in 
 case of vacancy by death or otherwise, the clerk shall notify 
 all the members of the council, and shall, if required by a 
 
 2 Lcl. Rayd. 1304 ; see Jenning's Case, 12 Mod. 402 ; Reg. v. 
 Qloucester, Holt 450 ; Van Ormldtl v. Hazard, 3 Hill (N. Y.)'243; 
 State V. Allen, 21 Ind. 616 ; People ex rel. Hanrahan v. MHtopolitan 
 Polka Board, 26 N. Y. 316, A warden may resign by "verbal inti- 
 mation to the council while in session," or " by letter to the county 
 clerk, if not in session. " Sec. 180. By this section the resignation 
 can only be effective when "with the consent of the majority of the 
 members present, to be entered on the minutes of the council. " Until 
 such consent be given and recorded, the offer to resign may be recalled. 
 Keg. v. Lane, 2 Ld. Rayd. 1304 ; Jiex v. Rippon, 1 Ld. Rayd. 663 ; 
 Jennlng's Case, 12 Mod. 402 ; Hazard's Case, 2 Roll 1 1 ; Rex v. Pat- 
 tmn, 4 B. & Ad. 9 ; see also Van Vrsdall v. Hazard, 3 Hill. (N. Y.) 
 243; 'S'''*^* V. Ancker, 2 Rich. (S. C.) 245. But see Stale v. Hauss, 
 13 Am. 384. In general, the right to accept a resignation is inci- 
 dental to the power of appointment. Rex v. Tidderleif, 1 Sid. 14 ; 
 Jtming's Case, 12 Mod, 402 ; Taylor's Case, Popham 133 ; Stanilaml 
 V. Hopkins, 9 M. & W. 178. When two offices are incompatible, 
 they cannot be held together ; therefore, the acceptance of the one 
 is an implied resignation of the other. Rex v. Pattesnn, 4 B. & Ad. 
 9; Eex V, Hughes, 5 B, & C, 886 ; s''d qu.. Regents of the Umvcrslty 
 V. W'dliams, 9 Gill & Johns, (Md.) 365, and it matters not whether 
 the second office is superior or inferior to the office first held. Mil- 
 ward V. Thatcher, 2 1, R, 87 ; see also Rex v. Trelawney, 3 Burr. 
 1615 ; Crane v, Holland, Cro, Car. 138, In such a case it is said 
 that quo warranto is unnecessary, Verrior v. Sandwich, 1 Sid. 305 ; 
 Qabrielv. Clerke, Cro. Eliz. 76; Milward v, Thatcher, 2 T. R, 87, 
 Where the same authority confers both offices, tbere can be no diffi- 
 culty on the point. Arkwright V, Cantrell, 7 j* . & E. 565; Rex v. 
 Bond, 6 D. & R, 333. If the first office cannot, oe resigned without 
 the consent of some particular body, such p.jj the council, under this 
 section the acceptance of an incompatible office, in the gift of a dif- 
 ferent body, could not per «e be held to vacate the first office. Ih. 
 Offices are incompatible where, from considerations of public ]3olicy, 
 the incumbent cannot be properly expected to discharge the duties of 
 both. Staniland v. Hopkins, 9 M, & W. 178 ; Rex v. Tizzard, 9 B. 
 iC. 418; People ex rel. Whiting v. Carrigue, 2 Hill. (N. Y.)93; 
 flij/a?i V. Cattell, 15 Iowa 538. The office of treasiirer and member 
 of the council are incompatible. Reg. v. Smith, 4 U.C. Q. B. 322, 
 aud sec. 250. If, by any disregard of the law, accidental or 
 otherwise, a person has been placed in the office who cannot by 
 law hold it, things must take their course — the illegality must be 
 ascertained and pronounced upon in a proper proceeding, institu- 
 ted to try the question. Reg. v. Smith, 4 U. (J. Q. B. 322. A 
 treasurer of a municipality should not be permitted also to act as a 
 bank agent. Ingersoll v. Chadwick, 19 U. C. Q. B. 278. 
 
 (I) See preceding note. 
 
132 
 
 THE MUMCIPAL MANUAL. 
 
 [s. 180. 
 
 m 
 
 f! . ..;«i: 
 
 VioancjeB, majority of tlie members of the county council, call a special 
 meeting to fill such vacancy, (m) 46 V. c. 18, s. 179. 
 
 Neweiec- 181. In case 110 return is made for one or more wards or 
 
 edfor'and polling subdivisions, in consequence of non-election, owing 
 mode of con- to interruption by riot or other cause, or in case a person 
 •ame. elected to a council neglects or refuses to accept office, or to 
 
 make the necessary declarations of office ' within the time 
 required, (rt) or in case a vacancy occurs in the council 
 caused by resignation, death, judicial decision or other- 
 wise, the head of the council for the time being, or in case 
 of his absence, or of his office being vacant, tlie clerk, or in 
 case of the like absence or vacancy in the office of the clerk 
 , one of tlie members of the council, (jj) shall forthwith, (n) 
 
 by warrant under the signature of such head, clerk or 
 member, if procurable, require the returning officers and 
 deputy-returning officei's appointed to hold tlie last election 
 for the municipality, ward and polling subdivision respec- 
 tively, or any other persons duly appointed to those offices 
 to liold a new election to fill the place of the person neglect- 
 ing or refusing as aforesaid, or to fill the vacancy, (r) 46 V 
 c. 18, s. 180. 
 
 182. In case the office of mayor of a city or town becom 
 
 es 
 
 Election of 
 
 niftyor on . , 
 
 ▼acancy vacant after the first day of December in any year, and an 
 after 1st Dec. 
 
 (7?i) .The duty of the clerkjin the first instance, is to notify the 
 members of the council of the vacancy. He is only required to call 
 a special meeting to fill the vacancy, " if required by a majority of 
 the meuibeis of the council. " 
 
 (h) Mere hesitation to take the oath until legal advice can he pro- 
 cured is not to be deemed a neglect or refusal within the meaning of 
 this section. Jn re Asphvdel and Sargant, 17 U. C. Q. B. 593. 
 
 (p) Some evidence must be adduced before the officer named, to 
 satisfy him as to the vacancy, in order to make it obligatory upon 
 him to act under this section. It is impossible to lay down any rule 
 as to what amount or kind of evidence or information should be laid 
 before him. In re Asphodel and Scmjant, 17 U. C. Q. B. 593. 
 
 (q) Where a thing is directed to be done by a statute " forthwith," 
 it means within a reasonable time. Reg. v. Worcester, 7 Dowl. 789. 
 The word "immediately" is more strictly construed. Hex v. Hunt- 
 iugdomhire, 5 D. & R. 588 : Reg. v. Ashton, 1 L. M. & P. 491 ; Fol 
 hard v. Metropolitan R. W. Co., L. R. 8 C. P. 470. 
 
 (r) Unless the council specially appoint the returning officer and 
 deputy-returning officers to hold the new election, the otticera who 
 held the last election for the municipality or ward the vacancy to 
 which is to be filled, shall hold the election. 
 
 s. IS.*).] jjg, 
 
 election to fill th( 
 or ft Judge, the c 
 lield to fill the va 
 till the office durir 
 
 183. TJie perso 
 the residue of the 
 or for wliieh tlie c 
 
 184. In casesu 
 wicl, {t) occurs pre 
 the year, tJie warn 
 the head or a mem 
 or by the clerk, in 
 (a) but sucji neglec 
 iiuniediate organiz 
 majority are preser 
 7. c. 18, .s. 182. 
 
 185. The returni 
 shall hold the new 
 aftei- receiving tlie i 
 
 W 'I'lie word "seat 
 figurative expression t( 
 the language of this i 
 tlij term of ]iis pred 
 for the residue of sue 
 is borrowed from Parlij 
 
 (t) See note n tos. If 
 
 {a) Five councillors 
 [uig, on the 17tli Janua 
 Nation ; and a doubt h 
 inconsequence of some 
 tion, they delayed in ordi 
 Jamiiuy they met again 
 Jay the reeve for the pr 
 othei councillors who w< 
 four with the one wiio h 
 council. Held, that the 
 kii elected not having 
 ianng done so within tfj 
 for a new election. Ji 
 B. 693. A mandamus w 
 np the papers to the com 
 
 I [h] The returning offio 
 lliftten (lays a/ter receivi 
 Icomputation of time fixe(' 
 Im the statute to the conti 
 
185.] 
 
 NEW ELECTIONS TO FILL VACANCIES. 
 
 133 
 
 election to fill the vacancy has not been orderecl by the Court 
 or a Judge, the council may either direct that an election be 
 lield to till the vacancy, or may elect one of their number to 
 till the office during the residue of the term. 48 V. c 39, a. 6. 
 
 183. The person thereupon elected shall hold his seat forSesttobc 
 the residue of the term for which his predecessor was elected, residue of 
 or for which the office is to be tilled. (») 46 V. c. 18, s. 181. '"""• 
 
 184. In case such non-election, neglect or refusal as afore- Wnnnnt for 
 
 / \ . P . ,. , ., (, new election. 
 
 said, (0 occurs previous to tlie organization or tlie council tor 
 tlie year, the warrant for the new election sliall be issued by 
 the liead or a member of the council for the jirevious year, ^^^ neglect 
 or by the clerk, in like manner as provided by section 181 ^prerent 
 (fl) but such neglect or refusal shall not intei-ferc; with the of^ouncn*"' 
 immediate organization of the new council, provided a 
 majority are present of the full number of the council. 46 
 V.c. 18, s. 182. 
 
 185. The returning officers and deputy-returning officers 'i"'">9 fo' 
 shall hold the new election at furthest, within fifteen days election, 
 after receiving the warraht, (/;) and the clerk shall appoint a 
 
 (,,)) The word " seat " ia several times used in this Act. It is a 
 ligurative expression to indicate office. The person elected is, in 
 the language of this section, to hold his seat for the reMidue of 
 tlij term of his predecessor, in other words, to hold the olfice 
 iortlie residue of such term. The word, in the sense here used, 
 is borrowed from Parliamentary language. 
 
 (() See note n tos. 181. 
 
 [a) Five councillors were elected in January. At the first meet- 
 ing, on the 17th January, only one uuuie the declaration of quali- 
 Scaiion ; and a doubt having been raised as to the remaining four, 
 
 I inconsequence of some employment held by them under the corpora- 
 tion, tlioy delayed in order to consult the County Judge. On the 19th 
 Jauuary they met again and organized themselves, but on the same 
 (lay the reeve for the previous year i.ssued his warrant to elect four 
 
 pthei councillors who were returned ; and on the 31st Jauuary these 
 lour with the one who had first qualified, met and claimed to be the 
 council. Held, that the second election was invalid ; for the parties 
 nrst elected not having rt'Jmed to qualify, but only delaytul, and 
 
 Uaviug done so within the twenty days allowed, there was iiogiound 
 
 lior a new election. Jn re Asphodel ami Saryant 17 U. C. Q. 
 B,593. A mandamus was therefore ordered to the clerk to deliver 
 
 I op the papers to the council first chosen. 76. 
 
 (')) The returning officer is to hold the election at /«W/te.'<< *' witliin 
 [fifteen days after receiving the warrant." The general rule for the 
 Icomputation of time fixed by a statute is — unless there be something 
 linthe statute to the contrary — to hold the first day excluded and the 
 
 W'^.0^0l 
 
 '] I ': 
 
 ^ 
 
 ^i\: 
 
 ^ mm 
 
 1 1 
 
 ■i II 
 
 .if- , 
 
 !:ii 
 
 '. >.|.' 
 
 

 lt\i:\'' 
 
 134 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 185. 
 
 day and place for the nomination of candidates, and tie 
 election shall in respect to notices and other matters bo con- 
 ducted in the same manner as the annual elections. 18 V 
 c. 39, 8. 7. 
 
 last day included. Ex parte Fallon, 5 T. R. 283. In this cane 
 the statute required an annuity deed to be enrolled "ivithin twenty 
 daya of thi; execution," and it waa read us exchiding the day of exe- 
 cution. Lord Kciiyon, in dehvering judgment, sai<l, "It would lie 
 straining the wor<l8 to construe the twenty days all incluijivoly. 
 SujipoHe the direction of the Act had been to enrol the nitniorial 
 within o«f, day after the granting of the annuity, could it bu pre- 
 tended that it meant the same as if it were said that it should he 
 ilone on the Hdiiic day on which the act was done? If not, neither 
 can it be construed inclusively where a greater number of days io 
 allowed." 'i'he aama interpretation was put on the words " vithin 
 twenty-one days after tlie execution," in the case of the registry of ;i 
 warrant of attorney, ]\ illiams v. Bunjeufi, 9 Dowl. 544. l.oi'd Deu. 
 man said, " The question in this case has been decided in ex jiarif 
 Fallini, which is an luiqueationable authority." In ScoU v. />;,.;[•. 
 f<on, 1 I*. It. .Sd'G, where the words were " within sixteen (hiys 
 after tlic sirvice hereof," as used in the Ejectment Act 14 & lo Vict. 
 c. 114. KobioMon, C). J. said, "1 think the rule of corniiutatioii 
 given by Stat. 2 (Jeo. IV, ch. 1, s. 22, does not apply, as thi.s is a 
 terra appointed by a statute, not by a rule of court, and by a statute 
 passed after tliat Act, and therefore we must compute accordiii' to 
 the geneial rule where there is no express provision. Tlii.s luakes 
 the fir-st day inclusive and the last exclusive, or vice versa." Scott v. 
 Dickaoii, 1 1*. U. .%(i, was followed in Vrooman v. SIniert, 2 l^ 1[ 
 122 ; Buffalo and L. 11. li. W. Co. v, BrooksbauLi, Ih., 126; Vnmnon 
 V, Cameron, lb., 259; Calla(/han v. Bainex lb., 144; ('lark v. H^f/. 
 dell, lb., 145; I'ldUips v. 'Merrill, lb., 2.33; Cutlibert v. .SVm-^ (j 
 U. C, L. J. 20 ; In re West Toronto Election, 6 P, Vi.\Vd\. Seo fur. 
 ther, Warren v, Slade, 9 Am, 70 ; Wetilbrook Manufarturinij Co. v. 
 Oraut, 11 Am. 181; Benus v. Leonard, 10 Am. 470; Clarke v. Gar- 
 rett, 28 U. (J. C. P. 75. The following cases, in which both days 
 were hehl to be inclusive, were decided under the 2 (ieo. IV, c, 
 1, or some other statute or rule expressly making both days ju. 
 elusive : Moore v. Grand Trunk B. W. Co., 2 V. I!. 227 ; h'ow\ 
 Jolimon lb., 230 ; Ridout v. Orr, lb., 231 y Williams v. Lee, 2 \] 
 C, C. I'. ]ru ; Morrellv. Wihnott, 20 U. C, C. P, .378. See further 
 notes to sec. 231 of the Assessment .Act. But the words *'fri,m" 
 and "unlil" do not admit of so rigid and well understood a riile 
 of con.4t ruction. In Puyh v. Duke of Leeds, 2 (!owp. 714, 717, Lml 
 Manstield said, ''In grammatical strictness and in the nicest pro- 
 priety of speech that the English language admits of, the sense ot the 
 word ' from ' must always de/iend upon the context and subject matter 
 whether it shall be construed tnclusive or exclusive of thi: ter7iiiini.s a quo, 
 and N\ liilst the gentlemen of the bar were arguing this case, a hundred 
 instances ami more occurred to me, both inverse and I'rose, wliereitis 
 used both inclu.sively and exclusively. If the parties in the present cese 
 had adfled the word ' inclusive ' or 'exclusive,' the matter would have 
 been very clear, ll they had said ' from the day of the date imlusin,' 
 the term would have commenced immediately, if they had said irom 
 
 i. m.] 
 
 ¥1 
 
 186. In case, 
 
 from ujiy cause 
 
 neglect or tiecj,-j 
 
 ;iiunicipality on i 
 
 number of me?ul 
 
 tlipy oqual or oxc 
 
 or H liiajority of .s 
 
 bei's are not olet; 
 
 ye.ir, or a nmjoritj 
 
 [«rsoii.s as wi|| ^o 
 
 hers requisite.; (c 
 
 thedayof thediitee- 
 jjut let us see wJietht 
 not show that the coi 
 biyns if the word ' i\ 
 Feam, 2 Camp. 294 
 th.it^ 'from tlic (Into'' 
 date' excludes ifc. j^ 
 thefdnnal distinction 
 sense ha,s been cstablj-.s 
 nig to the nieaniiirr ,, 
 Roijal Ins. Co., |, |{ 
 ing at the authorities 
 that questions with,, 
 eontniot to do any act c 
 term, say six or twelve 
 ..mie. time was to be n 
 of the time, but in th J 
 toky down any tived rl 
 circnmstances a/i.| subi 
 sometimes the last wa 
 iias been laid down f,,,- .1 
 quH-ocal in its uie.minJ 
 last (lay. See als.. //„;{ 
 
 I Jl^n^-'''' '^ " «'WereM 
 
 \>e/.e:,tm ex re/. B.J 
 
 ''Mwu, whether by th<4 
 
 «1. is by votc'a.nl 
 otha council by the el J 
 thecoiineil hy \u, ,„'j I 
 
 proceedi„^..s arc in ..ei.e ,f 
 
 pJ. «ec. 22.-, and n",tes 
 
 ■;f'ftl^.co„nei]afte.it 
 
 Jr ,^cers are appoi'. I 
 
 \fi>- "le section ,sp,..i|.„l 
 
 I here he an entin- f,-,il,„ei 
 iH'Ose.thepuwerto ,,| 
 l^ftheprecedingyear, u'l 
 
 
 W^A 
 
'inn 
 
 ■ii 
 
 m.t, . . 
 
 s. 186.] 
 
 PILLING VACANCIES BY COUNCILS. 
 
 135 
 
 186. Tn case, at an annual or other election, tlie electors ^°*f. "' •?• 
 from any cause not provided for by sections, 158 or l.'iOrequWu 
 
 ueg 
 
 fleet or decline to elect the members of council for a"*i^w."/. 
 
 ^ _ inembenuf 
 
 iiunii-'ipality on the day appointed, or to ehict the requisite council if 
 
 iiuuihtJ'' of membei's, the new members of the council, ifnegieeud 
 tlipy equal or excecul the half of the council when complete,"**- 
 or a iiiHJority of such now menibers, or if a half of such mem- 
 liers are not elected, then the members for the preceding 
 year, or a majoi-ity of them, — shall ap[)oint as numy qualified 
 persons as will constitute or complete the number of mem- 
 bers requisite ; (c) and the persons so appointed shall accept 
 
 the (liiy of the dsite txchmve it would have commonced tho next day. 
 Uiit It't U8 see wht.ther the context and subject matter in this case do 
 not slioNV that tlio construction liere should be incltiKive aa demonstra- 
 bly as if the word 'inclusive' had been added,'" itc. In Wittnonv. 
 Pean, '2 Camp. 294, Lord EUonborough said, " It used to be held 
 tliat 'from the (Into ' includes the day, and from 'the day of the 
 date' excludes it. !^ut since the case of ITit;/h v. Duke of Lends, 
 the foruial distinctions have been done away, and the rule of good 
 sense liiis been estalilished that such words shall be construed accord- 
 iiitf to the meaning of the parties who use them." in haara v. 
 ^Ijal //'.". Co., b. R. 5 P:x. 2!>6, Kelly, C. H., said " Upon look- 
 ing at the authorities Ijefore JIu(/h v. Duke of Leeds, it appcjirs 
 that questicms without number arose as to whether upon a 
 contract to do any act or enter into an engagement at or for a definite 
 term, say six or twelve months from tho day of the date of some act 
 >!nne, time was to be reckoned exclusive or inclusive of the last day 
 of tho time, but in th it case it was observed that it was impossible 
 to lav down any tixed rule, but that each case must de|)enil on its own 
 circuinstances ami sul)ject matter. Sometimes the iirst day, and 
 sometimes the last was included. No settled and invariable ride 
 has been laid down for all cases. " The word "luitil," Avhieh is also 
 equivocal in its Mieaniin; was in this case held to be inclusive of the 
 hstday. See also Hitrdi/ v. Ryle, 9 Ji. & C. 603, 609. 
 
 [c) There is a difference between an election and an appointment. 
 See lieiiiiia ex rel. liiati) v. O' J)i)iia<fhue, 3 U. ('. L. J. 75. An 
 drdiiin, whether Ijy the electors at large or by the niendjers of the 
 1 lOiiMoil, is by vote, ami usually consists in the choice of the members 
 I ot til- council by the electors of the municipality, or of the head of 
 I the council by the members of the council elect; both of which 
 Urocec'ilings arc in general essential to tlie organization of the coun- 
 cil. Sec. 2'2.") and notes. An appo'ndin<ut in, properly speaking, an 
 I act of tho council after it has been oiganizcd. Thus : tlie clerk and 
 I other officers are appointed, not elected, by the council. See sec. 
 |W5. The section spt;aks of appointments, not of elections. Itthere- 
 [fore l)econi"3 matrrial tn consider precisely under what circumstances 
 [the power of appointment under the section cm be exercised. If 
 [there 1)0 an eutin' tiiilure to elect members on the day fixed for the 
 |pur|iosu, the power to appoint would of course devolve on the council 
 lof the preceding year, which, having been duly organized, continues 
 
 i* '■ 
 
 x\ 
 
 I Pl'i i|iM 
 
 m 
 
136 
 
 THE MUNKJII'AL MANUAL. 
 
 Ls. i8a. 
 
 187.] 
 
 CON' 
 
 office and make the necessary declarations undei- the .sainc 
 penalty, in case of refusal or neglect, as if elected, (d) h* 
 V. c. 18, s. 184. 
 
 'I *! 
 
 Trlnl nf con 
 toHted elec- 
 tions or 
 ri(iht to 
 ulect. 
 
 Division VIII.— Controverted Elkction.s. 
 
 Ifow validity or rlyht of eM'ctioii determined. Seen hs; 
 
 197. 
 Writ for reitwvnl, &c. Sec. 198. 
 If election oj' whole council inoolid. Sec. 199. 
 Disclaimer. Sees. ^OO-'JO;'). 
 Costs. Sees. 20;?, 205, 200. 
 
 Decision, of Ju<l(je final ; — Enforciujj Jwlfjiufut. Sec. 207. 
 Jiulyes may si.ttle forms and i>raetice. Sec. 208. 
 
 187- T'l f'l^f' the i-ight of a niunicipality to a reeve or 
 deputy-veeve or reeves, oi" in case the validity of the el^;. 
 tion or appointment of mayor, warden or reeve, or d('i)uty. 
 reeve, .alderman, or councillor is contested, (e) the same 
 may be trit>d l)y a.Iudge of theHi<,'h Court, or tli(; senior or nlK- 
 ciating .Jud^'e of the County Court of tlu; cctunty in which the 
 election or appointment took place ; (f) and when the riffht 
 
 in ottiee until suporscdod by the erg,iiii/;ition of a new coiniuil. But 
 if the failure to elfct he only partinf, tint is to say, if the failure bt; 
 to elect the rcijui'lte numl)ei' of members, then the other niemben of 
 the council, proiihtid thiii ei/itrd or I'.rrccd the half < if the coutiril niun 
 roiiip/eti', appoint the reriuiaite number of members. If le.^K tli.ui 
 half of tlu! members of the new council have been eleeted, then the 
 members of the preceding year may make the requisite appoint- 
 ments. 
 
 (d) See see. 277. 
 
 {p) When tliR office is of a public nature the remedy by ^j^wo u'an-ax/o 
 information is the proper one. See Axkcw v Maiinhuj, ;^8 U. C. Q. 
 }}. 345. And where quo worranlo does not lie nKtiidumit.i is the ])ropLr 
 remedy. AVr/. v. Sf. Martin\'^-bi-thi'- Firkin, 17 Q. 1'.. 149 ; Rkj. v 
 Hertford (kfleiie, 2 Q. B. D. 590. Until the paasiny of the C. S. U,' 
 C. ch. 54, there was no mode by which the right of a municipality to 
 a reeve or deputy reeve could be contested otherwise than byau 
 information in the nature of a (pio wtrranto. linj. cr. rel. Harts. 
 JAndsan, IS U. C. Q. U. 51. Nor until the passing of that Act was 
 there any power in a summary manner to determine the validity of 
 an appointment. Jfeg. ex rel. Beati/ v. 0' Donaghue, 3 U. C. L. J. 7"). 
 
 (/) Before the summary mode of trial of contested elections pre- 
 scribed by the Municipnl Act, the only remedy was the tedious and 
 expensive one of information la the nature of a quo warranto, and in 
 cases where the provisions of the Municipal Act are inapplicable that 
 
 of a nuniieipality to 
 
 [ ilie matter contested 
 
 iiiiiv h(( the relator, /u 
 
 validity of any such e 
 
 the election, or any <•] 
 
 [liti'cat, or if r«!spt)ctii 
 
 leiit, any inendjor o 
 
 I ivanl, or, if there is nn 
 
 jilieapj)ointnient was i 
 
 |H)so. {ij) 46 V. c. 1 8, 
 
 remedy must still bo ado 
 %. (■./; rel. Coleman v. i 
 U.I.Mmui, 18 U. C. Q. M. 
 ofa'/»') warranto is asked 
 lowed, be exhibited in th 
 J /«, The summary mode pi 
 I as applicable, intended as 
 mmiili) information. Uet 
 Is The general practice 1 
 aj^TOVud to the relief to bo 
 i\.ila<'ari>w, 14 U. C. C'. V. 
 Iremedy. /« re. Bruian, (i i 
 Ihving directed the issue of 
 liiiii election, afterwards st 
 JWI that a Superior Ccmrt I 
 |(ym;i/ V, Coleman ; /fi,/ e,j , 
 Iff. P. 104; 46 U. C'.'q." I 
 lit of opinion as to the pow 
 jirit after it had been issut 
 jpractice it was held that the 
 liotry a municipal controvert 
 |fl»,ll P. R. 379. But see 
 
 1;/) The relator is the per.st 
 ItioDofthe Judge is put in nu 
 
 1. When the right of a mu; 
 liKves is the matter of contes 
 Imy be the relator. 
 
 1 2. When the contest is res 
 uaforesaid. " nni/ cnndidate 
 ^tendered his vote " at the o 
 
 1 3. When respecting the va 
 Uber of the council, or am/ 
 m, of the municipality for \ 
 kte relator. But the right 
 fclaration has not been mm 
 lalilication, may be que8tion( 
 
 Iratepayer not a voter of oi 
 %(!/ V. St. Jean, 40 U. C. Q, 
 litis not necessary to give ai 
 18 
 
, ib:-] 
 
 CONTKOV^RTKI) ELKCTI0N8. 
 
 137 
 
 „f ft municipality to u reevo or deputy-reevo or reeves in 
 ,]„, lUi'ittor contosted, imy iiuitucipjil chtctor in the county 
 iimv be tlu» relator, and wlicn the contest is respecting? the 
 validity f>t '">y "uch election as aforesaid, any candidate at 
 ,1,,. ,'lt'ction, or any elector who |,'ave or tendered his vote 
 [Iii,i(.at, or if respecting the vjilidity of any Kuch appoint- 
 iiit'iit, any nieniber of the council or any eh'ctor of the 
 wiinl, or, if there is no ward, of the numicripaiity for which 
 ,]n> iippointnient was made, may be the relator for the pur- 
 ,,,, (if) 46 V. c. IH, s. 185. 
 
 renieily '""»' "t'^l '•" adopted, /n rr niijuar, 3 U. C Q. B. 144; 
 
 /;«/, CI' '■'''. Colimiin V. U'I/uip, '2 I*. It. 18; AV;/. cj- rcl. Hart 
 
 \;l.ind>*(i!h 18 U. C Q. H. 51. Whore an inf.iriii.-ition in tlie nnturo 
 \ ^[■x(iiin wiimtiito is a,»\(.oi\ lov on \>ii\iii\i of an imlividual, it must if 
 
 jllowed, l)c oxhihited in tho name of the Mastfrof the (!rown Office. 
 The summary mode pre8oril)ed by the Municip.il Act is, so far 
 I jj applicable, intended aa a substitute for the proceeding 1)y t/no 
 I fliiTd)//') information. Jieg. ex nd. While v. Itonrli, 18 U. C. Q. B. 
 
 '."(). Tl'o general practice is, ns niuclj as pos.silde, to confine parties 
 IJ. lievetl to the relief to be obtained under the f<t.itutc. In Vf Kelly 
 
 liliimroio, 14 U. C. C P. 457. Mdnihiiiuif is not an apprr)priate 
 Ljjiedy. /» '■'' lircuitu, (JO. S. 330. Wlierea county court judge 
 Living directed the issue of writs od/iio imirratifo to test tho validity 
 Iflau flection, afterwards set aside the writs for irregularity it was 
 Ikelil that ii Superior Ccmrt had no power to interfere. Ife'i. ex rrl. 
 hmiitv. Voh'innn ; /{hi. ex rcl. /)ii'ifer v. LiW,^, 81'. I J. 497 ; 32 U. 
 It. I'. I'. 104 ; 40 U. C. Q. B. 175 ; 7 A. R. (iH). There was a con- 
 llirt of opinion as to the power of the county ,ju<lge to set aside the 
 lirit after it luid been ifiaued and served. Ih. Under the former 
 Ipractite it was held that the master in chambers had not jurisdiction 
 
 Ltry a municipal controverted election. Unj. ' •"■'--■ " ■ - 
 
 LllP. R 379. "■-- """ " 
 
 nl. Wiltou V. Pun 
 
 But see now Con. Rules 30. 
 
 (i) The relator is the person upon whose application the jurisdic 
 Itionofthe Judge is put in motion. It is to be observed that — 
 
 1, When tlie right of a municipality to a reeve or dei)uty reeve or 
 eeves is the matter of contest, ani/ municipal elector in the county 
 Inay be the relator. 
 
 1 2. When the contest is respecting the validity of any such election 
 isafores;vid. " ani/ candidate at the election, or any elector who gave 
 toteiulered his vote " at the election, may be a relator. 
 
 1 3, When respecting the validity of any such appointment, ''any 
 Lember of the council, or nni/ elector of the ward, or, if there is no 
 Ul, of the municipality for wliich tlie appointment was made," may 
 (the relator. But the right to an otHce on the ground that a proper 
 klaration has not been made uutler sec. 270, and of no property 
 Jification, may be questioned by a tjuo warranto at the instance of 
 [ratepayer not a voter of or resident in the ward. Reg. ex re.l. 
 Vyv. S^./ean, 4CU. C. Q. B. 77. 
 I It is not necessary to give any definition of an elector. Reference 
 
 18 
 
138 
 
 Time within 
 which pro- 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 188. 
 
 188. If within six weeks after tl)e election, or one montli 
 
 0- ^-4, J _, 
 
 V • /!■• k hit 
 
 m 
 
 may be made to sec. 79 and following sections as to who are electors. 
 But it is to be observed, that while any elector may be relator when 
 the right of a municipality to a reeve or deputy reeve or reeves is the 
 matter of contest, it must be " an elector who gave or tendered his 
 vote at the election," or " a candidate " in the case where the validitji 
 of an election is the matter of contest. It is not in such a case as last 
 mentioned, enough for the relator to show that he ' ' protested and 
 voted " against the person elected, lieg. ex rel. White v. Poach, 18 
 U. C. Q. B. 226. " Candidate " is a vague term. No certain idea is 
 fixed by law to it. Pf?" Lord Mansfield, in Combe v. Pitt, 3 Burr. 
 1590 ; see further, Morris v. Burdett, 1 Camp. 218. A candidate 
 was defined by Lord EUenborough as " a person offering himself to 
 the suffrages of the electors," Morris v. Burdett, 2 M. & S. 210, and 
 by Dampier, J., as "one who voluntarily proposes himself or adopts 
 the proposal of others." lb. See further, Muntzv. Sturge, 8 M. & W. 
 310. It is not necessary to constitute a person a candidate for the 
 purposes of this section that he should be actually nominated at the 
 election. lieg. ex rel. Corbett v. Jull, 5 P. R. 4L But if, after 
 having been nominated, he, with the consen , of his proposer and 
 seconder, withdraw, he ceases to be a candidate. Peg. ex rel. Goijm 
 v. Chisholm, 5 P. ^.. 32S. The interest of the relator is not 
 established by the ordering of the writ. Peg. :x rel. Shaw v. Mac- 
 kenzie, 2 C. L. Chamb. R. 36, and where the statement of the relator 
 did not shew that he was a candidate or an elector who had voted or 
 tendered his vote at the election it was held that this was not a mere 
 irregularity which could be amended at a later stage of the proceedings 
 R(g. ex rel. Chauncey v. Billings, 12 P. K. 404. It is not necessary 
 that a relator who was a candidate should shew in his application that 
 he himself is qualified to accept office. Peg. ex rel. Mitchell y. Adaim, 
 1 C. L. Chamb. R. 203. An elector who has himself been instrumen- 
 tal in electing a candidate will not be allowed afterwards to complain 
 of the election of that candidate. Peq. tx rel. Pomeroy v. Wahon. 1 
 U. C. L. J. 48; Peg. ex rel. Loijall v. Ponton, 2. P. R. 18; 
 Peg. ex rel. Posehush v. Parker, 2 U. C. C. P. 15 ; In re Kdhj v, 
 Macarow, 14 IT. C. C. P. 457 : Peg. ex rel. Grai/son v. Bell, I U. C. 
 L. J. N. S. 130; Peg. ex rel. Pegis v. Cnsac, 6 P. R. 303. Upon 
 .similiar principles it has been held that a councillor who is instrumental 
 in the election of a particular person as reeve or deputy reeve, can- 
 not afterwards be allowed to move against the person so electd 
 reeve or deputy reeve. Reg. ex rel. Rosebush v. Parker, 2 L. 
 €. O. P. 15 ; but see Peg. ex reji. Clint v. Upham, 7 U. C, 
 L. J. 69. So where there is only one candidate or set of candi- 
 dates proposed, and he or they are in good faith elected bj' acclama- 
 tion, no contest will be allowed under this section. Peg. ex ri 
 Bugg V. Bell, 4 P. R. 226. "If the electors do not ' thiuit it I 
 worth while to contest an election in the ordinary way, it may 
 properly be considered that the Legislature did not mean to givt 
 them a right to contest it by an application of this kind." h\ 
 Hagarty, C. J., Ih. 229. It is not desirable that the cleri;s( 
 municipal corporations, having the custody of the papers of the cor 
 poration, should be relators in quo warranto proceedings to unseat I 
 members of the councils of which they are clerks, Peg. ex rel. il(- 1 
 
 s. 188, J 
 
 after acc( 
 relator sh 
 
 Mullen V. I) 
 
 the Superior 
 
 hold his juci 
 
 at the instaj] 
 
 cause, pendii 
 
 sworiiwasco] 
 
 ment of office 
 
 t'. L. J. N, .s 
 
 quJified, attt 
 
 in collusion w 
 
 P. R. 334. 
 
 in the proceed 
 
 them purpose] 
 
 proceedings, 
 
 notify defenda 
 
 Mvo, in which 
 
 Jieg. ex rel. Met 
 
 (h) The first 
 application is t< 
 tiou, oroneinon 
 Jn the computaf 
 excluded. See 
 Jovml to impea 
 accepted more t5 
 interpretation A 
 t'le application I 
 whether the offic 
 1-et. Rosebush v / 
 a formal accepta 
 oftce, and not a 
 such like. y?e„ 
 I'^i-mtzv./jil, 
 
 ^e made within t 
 ^'S- ex rel Teli 
 oJ'. practice whe 
 «y Rule JVo I 
 ment was not Ll 
 
 ^'''^«'- /6./anc 
 !"i application, th 
 
 ''/the nature of a 
 
 W The affidavii 
 ,^'H- 9^ rel Carrol 
 I f actice, the affidd 
 
 [■^^pressly decided. I 
 
8. 188.] 
 
 CONTROVERTED ELECTIONS. 
 
 139 
 
 after acceptance of office by the person elected, {h) the ^^'"g* to 
 relator shews by affidavit to such Judge, (t) reasonable ted, and 
 
 Mullen V. PeLisle, 8 U. C. L. J. 291. Where the opinion of a Judge of 
 the Superior Court was against a sitting member, he declined to with- 
 hold his judgment, upon the ground that there was a prior relation 
 at the instance of a different relator against same defendant for same 
 cause, pending before a County Court Judge, which relation it was 
 sworn was collusive and intended to protect the defendant in the enjoy- 
 ment of office contrary to law. Heg. ex rel. McLean v. Wctson, 1 U. 
 C. L. J. N. S. 71. A stranger to the proceedings may, if otherwise 
 quJified, attack them on the ground that they have been initiated 
 in collusion with the defendant. Heg. ex rel. Patterson v. Vance, 5 
 P. R. 334. But he will not be allowed to set up irregularities 
 in the proceedings as such unless he show that the relator committed 
 them purposely, as, for example, to secure the failure of his own 
 proceedings. Jb. If a relator find his proceedings irregular, he may 
 notify defendant not to appear and of his intention to proceed de 
 TMVo, in which case he may successfully make a second application. 
 Reg. ex rel. Metcalfe v. Smart, 10 U. C. Q. B. 89. 
 
 {h) The first point for consideration is the time within which the 
 application is to be made, that is, " within six weekb after the elec- 
 tion, or one month after the acceptance of office by the person elected." 
 In the computation of the six weeks, the day of the election is to be 
 excluded. See note b to sec. 185. Six weeks at all events are al- 
 lowed to impeach the election, although the office may have been 
 accepted more than a calendar month. The word ' ' month, " under the 
 Interpretation Act (Rev. Stat. c. 1, s. 8), means a calendar month. If 
 the application be not made within the six weeks, the test is then, 
 whether the office has been accepted more than one month. Keg. ex 
 rel. Rosebush v Parker, 2 U. C. C. P. 16. The acceptance must be 
 ft formal acceptance by the statutory declaration of qualification and 
 office, and not a mere verbal acceptance by speech to the electors or 
 such like. Reg. v. Mcintosh, 46 U. C. Q. B. 98. See also Reg. ex 
 rd. Felitzv. Howland, IIP. R. 264. The application must not only 
 be made within the time limited, but be made as the practice directs. 
 Utg. ex rel. Telfer v. Allan, 1 P. R. 214. Therefore, under the 
 olii practice where there was no written motion paper, as required 
 hyRule No. 1, M. T. 14 Victoria (now superseded) and the state 
 ment was not signed, as required by Rule No. 2, the application 
 failed, lb, ; and if the time limited be allowed to elapse without 
 an application, the relator will not be allowed to file an information 
 I ill the nature of a quo warranto. Req. ex rel. White v. Roach, 18 U. 
 C. Q. B. 226. But see Reg. ex rel Clancy v. St. Jean. 46 U. 0. Q. 
 B.77. 
 
 (i) The affidavit of the relator is sufficient to obtain the writ. 
 
 I Rtg. ex rel. Carroll v. Beekwith 1 P. R. 278. Where, under the old 
 practice, the affidavit of the relator did not fully set out in detail the 
 
 Riacts and circumstances alleged in the statement as required by Rule 
 fof M. T. 14 Vict., it was held not to be a mere irregularity which 
 |could be amended at a later stage. See Reg. ex rd. Chauncey v. 
 iBiUimjs, 12 P. R, 404. It seems, although it has not been 
 [•expressly decided, that the solicitor of the relator may act as a com 
 
 
 -m 
 
'"■ ill- -•-*■• 
 
 ^^^ 
 
 140 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 188. 
 
 security and ground for supposing that the election was not legal, or was 
 
 required. not conducted according to law, or that the person declared 
 
 electedthereat was not duly elected, (A;) and if the relator enters 
 
 missioner for taking the affidavits. 
 12U.C.Q. B. 630. 
 
 Reg. ex rel. Blaisdell v. liocheshr 
 
 (k) The grounds of the application are here specified, viz. ; either 
 that the election was not legal, or was not conducted according to 
 law, or that the person declared elected was not duly elected. The 
 granting or refusal of the writ is a matter of discretion. If "reason- 
 able grounds " be shewn, the writ no doubt will be ordered. But it 
 is not for every mistake or irregularity that the writ will be ordered 
 If the mistake or irregularity in no manner contributed to an impro- 
 per result, the Judge may very properly refuse the writ. See liin 
 V. Ward, L. K. 8 Q. B. 210. The application may be made although 
 defendant has not taken the oath of office. In re Sawers v. Steveinu 
 5 U. C. L. J. 42. 
 
 The effect of Rule 3 of The Consolidated Rules of Practice (1888) 
 is to abolish all the old practice relating to the procedure by summons 
 for a writ in the nature of a writ of quo tvarranto and to substitute 
 Rules 1038 to 1044, inclusive, for the old rules of M.T. , 14 Vict. 
 The new Rules are so in conflict with many of the provisions of the 
 Municipal Act relating to contested elections that it is impossible to 
 make them stand with the provisions of the Act, and it is to be regret- 
 ted that the Act has not been amended so as to harmonise witli the 
 Rules. It is enacted by 51 Vic. cap. 2, sec. 4, that the Rules shall have ; 
 the same force and effect as if they were enacted by Statute, and all ; 
 inconsistent enactments are repealed. The practice therefore 's nowi 
 governed by the Rules and by the provisions of the Municipal Act 
 so far as consistent therewith. A proceeding in the nature of p'oi 
 wari'anto is now under the Rules an ordinary motion and the ordinaryl 
 practice of the Court, which is applicable to motions generally, jgl 
 equally applicable to motions of this sort ; thus the ordinary practice^ 
 of the ( "ourt will obtain with regard to services, amendments, cros3-f 
 examination on affidavits, discovery, evidence, hearings, &c. 
 
 Application must be made to the Court or a Judge for leave t* 
 serve the notice of motion, and upon such application security musd 
 be given to the satisfaction of the Court or a Judge, and upon thd 
 same being allowed a Jiat is given for leave to serve the notice ofi 
 motion. (Rule 1038). The notice of motion must be at least a seveii 
 clear days notice, and the relator may either mention the return daj 
 therein, or may state that the motion will be made on the eif,'hth dai 
 after the day of service of the notice, excluding the day of service, 
 (Rule 1039). The relator, in his notice of motion, must set out hi 
 name in full, his occupation, place of residence, and the intereJ 
 which he has in the election, as candidate or voter, and he mustalaj 
 set forth specifically, under distinct heads seperately numbered, i 
 such grounds of objection as he intends to use against the validity ^ 
 the election complained against, and in favour oi the validity of tli 
 election of the relator or another or other person or persons, when i 
 claims that he or they or any of them have been duly elected (Ki 
 1040). Before serving his notice of motion the relator must file all tbj 
 affitlavits and material upon which he intends to move, except whJ 
 
 
» 188.] OONTROVEETliD BLEOTWm 
 
 m-a voce evidence is to be tat~ ■ 
 
 his notice the witnesses whomTl "'''* "' *^** case he should n.„~^ 
 
 ■ - Division, 
 
 Between The Queen on the relation of 
 
 141 
 
 AN1» 
 
 Plahitiff, 
 
 , Take notice that by leave of We^idant. 
 
 fc.l»ve namri reSS J^T""' "^ """"'el can be hS?„ t ft °l 
 
 k^order netting S£t?S£L°;r;t'-''««^^^^^^^ 
 l-th. abave „Le<l drf"£rhH'i'''°P°" »■■ P'^'tet^ST.'^ 
 ffc X.r a,S a°L^ £"'',1"'''"' '' •» '''••Sift. "J '"" 
 
 I C|«n the following ground, ._ ^ . , 
 
 I. That (/or example) the anjj ^i i. 
 
 «»i„ .M,, jh^.^'^*" =a,d eloofon wa, not conduoled accord. 
 H inat the said 
 f this, that &c. 
 
 3. That Ac. 
 
 «iapongrounds disclosed in the «ffl^ • 
 
 Murther and other order as ?. x^x®'!^^'*^ a»d papers iiled nr- f 
 
 ^'(^''^d by the relator in person n.; .- '' ■ 
 
 toi-lVhere the intent. r ^, ^^"^^"'^ ^"^ ^'^ hu .solicitor. 
 
 "''""'°"'"^°'''""»%*«ted or returned. 
 
 iwv' 
 
 i| . 
 
i I 
 
 142 THE MUNICIPAL MANUAL. [s. 188. 
 
 for taking affidavits, in the sum of 8200, with two 
 sureties (I) (to be allowed as sufficient by the Judge upon 
 
 The following form may be used for the Judge's Fiat and may 
 conveniently be endorsed upon the Notice of Motion. 
 
 IN THE HIGH COCRT OP JUSTICB. 
 
 Division, 
 
 Between The Queen on the relation of 
 
 AND 
 
 Plaintiff. 
 
 Defendant. 
 Upon reading the within notice of motion and the affidavits and 
 papers therein referred to and upon reading the recognizance of the 
 above named ri lator, and the same being allowed as sufficient, let 
 the said relator Ije at'liberty to serve the notice of motion upon the ' 
 defendant. 
 
 Dated- 
 
 -A.D. 
 
 On the hearing of the motion the relator shall not be allowed to 1 
 object to the election of the party or parties complained against, or 
 to support the election or elections of the person or persons alleged 
 to have been duly elected on any ground not specified in the notice I 
 of motion ; but it shall nevertheless, be in the discretion . f the! 
 Judge to entertain upon his own view of the case any substantial! 
 ground of objection to or in support ot the validity of the election ofl 
 either or any of the parties which may appear in the evidence before] 
 him. (Rule 1042). 
 
 The statement of the relator as to an objection supported by hi*J 
 affidavit is looked upon as a material traversable allegation, and iff 
 defendant omit to answer it, he may be held to admit its truth. [ 
 Reg. ex rel. Hervey v. Scott, 2 C. L. Chamb, R. 88. Under the for.| 
 mer practice the statement of the relator might be amended by shew^ 
 ing that the relator was a candidate or a voter, and no doubt th« 
 notice of motion might now be in like manner amended. Reg, ex rd.\ 
 O'Reilly v. Charlton, 6 P. R. 254. Where the allegation was, thai 
 the relator " had an interest in the said election as a voter," andhia 
 affidavit stated that he had voted " on the said election, but notfoq 
 the said William Rastall," it was held to be sufficient. Reg. exrell 
 Ross V. Rastall, 2 U. O. L. J. N. S. 160. A relator is not necessariW 
 bound to prove his interest. Reg. ex rel. Bartliffe v. O'Reilly, 8 U| 
 0. Q. B, 617 ; see further Reg, ex rel, Pomeroy v. Watson, 1 U. C. 
 J. 48; Reg. ex rel. Campbell v. O'Malley, 10 U. C. L. J. N. S 
 
 (I) Where the recognizance filed by the relator was not entered 
 into before a judge or commissioner for taking affidavits, nor allowa 
 by the judge in the manner prescribed by this section, nor condil 
 tioned to prosecute the writ with eflFect. Held, not a mere irreguj 
 lurity which could be amended at a later stage. Reg, tx rel, Cham 
 cey V. Billings, 12 P. R. 404. As to the power of a notary pubiii 
 to act as a commissioner for taking affidavits, see Rev Stat. c. 153, f 
 
 The following may be 
 
 Taken and acknowledg( 
 
J, 188.] CONTROVERTED ELECTIONS. 
 
 Ijflidavit of justification) (m) in the sum of $100 each, 
 The following may be the form of the recognizance : 
 
 IN THE HIGH COURT Olf JUSTICE. 
 
 ua 
 
 Division, 
 
 (or United Counties) of- 
 day of , in the year 
 
 OsTARio, County 
 l)erecl, that on the - 
 thousand eight hundred and , before me ■ 
 
 of 
 
 Be 
 
 of 
 
 it remem- 
 our Lord one 
 — , Chief Jus- 
 
 tice (or a Justice, or a Commissioner for taking affidavits) in Her 
 
 Jlajesty's High Court of Justice for Ontario, cometh , of , 
 
 and J of , and acknowledge themselves severally and respec- 
 tively to owe to , of {here insert the vame or names of the per- 
 
 01 whom election is complained against), as follows, that is to say, the 
 
 said the sum of two hundred dollars, and the said and 
 
 tiie sum of one hundred dollars each, upon condition that if the said 
 . — do prosecute with effect the notice of motion in the nature of 
 ifio warranto, to be served pursuant to a fiat to be made at the 
 
 instance and upon the relation of the said , against the said 
 
 to show by what authority he (or they) the said claims (or claim) 
 
 to be (here state the office so claimed), and why he (or they) the said 
 — should not be removed therefrom [and (where so claimed by the 
 Tflalor) why he the said relator (or the party or parties entitled) 
 should not be declared duly elected, and be admitted to the said 
 
 office] ; and if the said do pay to the said all such costs as the 
 
 said Court (or the Judge presiding in Chambers, cr the Master in 
 Chambers, at the City of Toronto,) shall direct in that behalf, 
 then this recognizance to be void, otherwiseto remain in full 
 iorce. 
 
 Taken and acknowledged the day and year first abo ve mentioned. 
 
 Before me 
 
 (ill) The following may be the form of affidavit of justification : 
 
 IN THE HIGH COURT OF JUSTICE. 
 Division, 
 
 I, ^. B., of, &c., one of the sureties in the recognizance hereto an- 
 nexed, make oath and say as follows : 
 
 1, That I am a freeholder (or householder, as the case may be), re- 
 siding at, &c. 
 
 2, That I am worth property to the amount of $100 over and above 
 I what will pay all my just debts (if bail in any other action, add) " and 
 
 lor every other sum for which I am now bail." 
 
 3, That I am not bail in any other action or proceeding (or, except 
 I jor E. F., at the suit of O. H. , in the Court of, &c., in the sum of, &c. 
 
 And I, C Z). of, &c. , the remaining suretj' in the recognizance 
 I hereto annexed, make oath and say aa follows : 
 
 1. That I am a freeholder, &c. (as before). 
 
 The above named deponents, A. B. and C. D., were sever- 1 j, ^ 
 ally sworn before me, at, &c., in the County of, &c.^ > r<' t\' 
 
 '■'•■- -day of , A. D. 18—. ) 
 
 A Commissioner, iL-c. 
 
 this- 
 
144 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 188. 
 
 I93.J 
 
 W] 
 
 m 
 
 3 S'l 
 
 conditioned to prosecute the writ with effect, or to pay 
 the party against wliom the same is brought any costs which 
 may be adjudged to him against the relator, the Judge 
 AVritin shall direct a writ of summons in the nature of a quo 
 «a»Ta»°o.^"" **'<*''''<*"'o to be issued to try the matters contested. (n\ 45 
 V. c. 18, s, 186. 
 
 hluB^Z *" ^®^" '^^^^ Judge of the High Court before whom the writ 
 
 nturn of of summons is returnable, may order the evidence to be used 
 
 tiken Tm^^ on tlie hearing of the summons to be taken viva voce before 
 
 cmx by leave the Judge of the County Court, in the presence of counsel 
 
 o ju gc, etc. £^^^ ^j. jj£|.gj. notice to, all parties interested, and such Jud(»e 
 
 shall return the evidence to the Registrar at Toronto, of the 
 
 Division from which the writ of summons was issued, and 
 
 every party shall be entitled to a copy thereof, (o) 46 V c 
 
 18, s. 187. 
 
 When the 190. In case the relator alleges that he himself or some 
 
 viaims to be Other persou has been duly elected, the writ shall be to try 
 
 elected. the validity, both of the election complained of, and the 
 
 alleged election of the relator or other person, (p) 46 V c 
 
 18, s. 188. 
 
 (n) Where under the old practice a writ of quo warranto had been 
 issued and served, the judge who directed the issue had no power to 
 set it aside. Ifeg.ex re.L, Grant v. Cokman, 7 A. R. 619. 
 
 (o) This and the seven following sections appear to be now effete 
 as they relate to proceedings which are to be commenced by writ of i 
 summons, and proceedings under the Act are no longer to be com- 
 menced in that manner. It is probable however that the Judges willj 
 so mould the present practice, (see note (k) to sec. 188) and regulate 
 the proceedings thereunder as to make the same conform as nearly 
 as may be to the procedure indicated ia the Act. 
 
 (p) It seems to be well understood that before a Judge will enter-i 
 tain an application, not merely to make void the election of the partyl 
 complained against, but to declare the relator or some other persoal 
 elected in his stead, it must be shewn, to the satisfaction of tlij| 
 Judge that notice had been given of the disqualification of the suc- 
 cessful candidate at such time and in such manner as must havJ 
 made the electors aware that if they voted for that candidate theil 
 votes would be thrown away. See note j) to sec. 77. Twenty-sii 
 persons voted twice for the defendant. The Judge deducted twentyj 
 six from the gross number of votes recorded for defendant, and thu 
 left the relator in a majority of nine. The relator was accordingly 
 declared elected. Reg. ex rel Pomeroy v. Watson, 1 U. C. L. J. 48[ 
 The relator, who is entitled to the seat, is not to be deprived of it I)j 
 the resignation of his opponent. Reg. ex rel. Johnston v. Murney, I 
 U. C. L. J. 87. 
 
 191. In case the g 
 or more persons elt 
 writ against sucli pei 
 
 192. Where more 
 validity of an electioi 
 reeve or reeves as af 
 returnable before th( 
 
 ' the Judge may give 
 
 judgment upon each 
 
 I ft (r) 46 V. c. 18, s. 
 
 193. The writ shall 
 of the said High Coui 
 trar, or Deputy Clerk 
 I (lie election took pJac 
 Judge in CJiambers at ' 
 County Court at a pL 
 
 {(]) Under the statute 12 
 I a private relator had no rig 
 ifo wanmito, either to ai 
 pounds which, if mentions 
 of the body, or to attack 
 Itiroiigh the individual naiii 
 |l'iim'«ce v. Woodruff, 8 I 
 Ikre been in this respect afi 
 l«,sch. No. 23, and 16 Vic 
 [ictappearstobeintheam 
 J [r] At an election there m 
 Ik several persons elected t( 
 Itestthe election of any succt 
 
 Iwdttocontest the election 
 MLuiev. Warren, HO j^ 
 Jtlus statute, may have his'ow 
 IlitMs way there may be sev 
 Itiesame election. In auch 
 ■ittumable before the Judce 
 IJnous and that is, to prete 
 Wmmrdv. Detlor, 4 P R ij 
 ■•^i merely intended to prote 
 |fJ'J*^*y^« disregarded.^ 
 
 (») Although under the old 
 
 uta hat for the writ, it ha 
 hrt. It was held under t 
 
 Kemightorder the writ 
 JeHigh Court. Re„, ex rel 
 
 |eDowRule41 restricting' 
 mmUo proceedings 
 19 
 
 ' "''""l-'Mfti'Tir i'^T'ivr"nftiin'-nrT'fcMmniiniiiii 
 
ihii 
 
 193.] 
 
 WRIT OP QUO WARRANTO. 
 
 145 
 
 191. In case the grounds of objection apply equally to two J^f *J}g**["ng 
 or more persons elected, the relator may proceed by one complained 
 yrit against such persons, (q) 46 V. c. 18, s. 189. °' 
 
 192. Where more writs than one are brought to try the wHu thwi*"* 
 validity of an election, or the right to a reeve or deputy- °"''' *JJ *** ^ 
 fjeve or reeves as aforesaid, all such writs shall be made sauie judge.* 
 returnable before the Judge who is to try the first, and 
 
 the Judge may give one judgment upon all, or a separate 
 iud^ment upon each one or more of them, as he thinks 
 ilr)iQ V. c. 18, s. 190. 
 
 193. The writ shall be issued by the Clerk of the Process ^J^^' ^^^^ 
 of the said High Court, or by the Local or Deputy Regis- turn day 
 trar, or Deputy Clerk of the Crown in the county in which *''*"°' 
 
 j the election took place, and shall be returnable before a 
 jud^e in Chambers at Toronto, or before the Judge "of the 
 County Court at a place named in the writ, (s) upon the . 
 
 [q] Under the statute 12 Vict, cap, 81, sec. 146, it was held that 
 I, private relator had no right by a writ of summons, in the nature of 
 Lmc warranto, either to attack the township council by name upon 
 I pouncla which, if mentioned, must necessarily lead to a dissolution 
 I of the body, or to attack the whole council in one proceeding, 
 I through the individual names of every member of it. Reg. ex rel. 
 \lwrmce v. Woodruff, 8 U. C. Q. B. 336. But the law appears to 
 Lrebeen in this respect afterwards amended (see 13 & 14 Vict. cap. 
 |M,sch. No. 23, and 16 Vict. cap. 181, s. 27), and sec. 199 of this 
 hct appears to be m the amended and extended form. 
 
 (r) At an election there may be several candidates ; so there may 
 lie several persons elected to office. One person may see fit to con- 
 Itestthe election of any successful candidate ; so another person may 
 lieefit^ to contest the election of another of the successful candidates. 
 |SeeLift«v. Warrett, 14 Q. B. D. 548. Each relator complying with 
 lis statute, may have his own separate and independent proceeding. * 
 
 Ilithis way there may be several motions made to try the validity of ^ 
 
 jtlie same election. In such case, all the motions are to be made 
 luturaable before the Judge Avho is to try the first. One object is ■ \ 
 
 Itlirious, and that is, to preserve uniformity of decision. Heg. ex rel. 
 \hmardv. Detlor, 4 P. R. 198. Where the first relation is collusive, 
 1 merely intended to protect the defendant in the enjoyment of 
 lice, it may be disregarded. Reg. ex rel. McLean v. Wataon, 1 U. 
 t,LJ. N. S. 71. 
 
 («) Although under the old practice a County Court Judge might 
 
 ptafiat for the writ, it had always to be issued out of the High 
 
 lODrt, It was held under the old practice that a County Court 
 
 ge might order the writ to issue returnable before a Judge of 
 
 High Court. Reg. ex rel. LiitZ v. Williainson, 1 P. R. 94. But 
 
 [is now Rule 41 restricting the authority of Local Judges in quo 
 
 mnto proceedings. 
 
 19 
 
 m 
 
 i ,5 
 
 
 j|i||!:.:;;:!- ..:ri'ii 
 
I in 
 
 
 r ':. 
 
 I 
 
 146 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 193. 
 
 fierrice of 
 writ. 
 
 
 eighth day after service computed exclusively of the day of 
 service, or upon any later day named in the writ. 4G V c 
 18, s. 137. 
 
 194. The writ shall be served personally, unless the 
 party to be served keeps out of the way to avoid personal 
 service, in which case the Judge, upon being satisfied there- 
 of, by affidavit or otherwise, may make an order for such 
 substitutional service as he thinks fit. (t) 46 V. c. 18, s. 192. 
 
 ffflcer"'"jo- ^^^' The Judge before whom the writ is made return- 
 puty return- able, or is returned, may, if he tliinks proper, order the 
 may*" nuMie i^su^ of a Writ of summons at any stage of the proceed- 
 a party. ings to make the returning officer, or any deputy-returnin<f 
 officer a party thereto, (u) 46 V. c. 18, 193. 
 
 Sr^ au^w 196. The Judge before whom the writ is returned may 
 certain per- allow any person entitled to be a relator to intervene and 
 yene and '^"^ 'l*'^ 6^^"? and may grant a reasonable time for tlie purpose' 
 defend. ^^) and an intervening party shall be liable or entitled to. 
 
 costs like any other party to the proceedings, (w) 46 V c 
 
 18, s. 194. 
 
 Judge shall 197- The Judge shall, in a summary manner, upon state-] 
 mariiy. ment and answer, witliout formal pleadings, hear and deter- 
 mine the validity of the election, or the right to a reeve or 
 
 (t) Under the old practice personal service could only be dispensed I 
 with under the circumstances here mentioned. Be<j . ex rel. Ariwtt\ 
 V. Merchant, 2 C. L. Chamb. R. 167. 
 
 (u) The Court will presume that a public officer acts properly andl 
 honestly till the contrary is shown ; and where it is intended tal 
 charge any officer with partiality or unfairness, the case should bsl 
 plainly stated and clearly made out. Beg. ex rel. Walker v. Hall, $1 
 U. C. L. J. 1 38. Where a returning officer, after closing the {)oll,| 
 received an affidavit from M. that his vote had been entered by 
 mistake for relator, on which he altered his vote in the poll-bnokj 
 and, the votes then being equal, gave his casting vote, the electioa 
 was set aside. Ret/, ex rel. Acheson v. Donofjhue, 15 U. C. QJ 
 
 B, 4.54. In a similar case the returning officer was ordereq 
 to pay the relator's costs. Reg. ex rel. Mitchell v. Rankin, 
 
 C. L. Chamb. R. 161. If the returning officer act in good faithj 
 though illegally, it is not usual to inflict costs on him. Reg. 
 rel. Coupland v. Webater, 6 U. C. L. J. 89. See also note h see, 
 206. 
 
 {«) The only persona allowed to intervene are persons entitled I 
 be a relator, as to which see note g to sec, 187. 
 
 (w) See note b to sec. 206. 
 
 The record for trial may 
 
 By an order made in thi 
 
 irlT' 
 
il97.] 
 
 TRIAL OP CONTESTED ELECTIONS. 
 
 U7 
 
 I jeputy-reeve or reeves, and may, by order, cause the 
 jssessment rolls, collectors' rolls, list of electors, and any 
 5tlier records of the election to be brought before him, and ^''^e^o*- 
 may inquire into the facts on affidavit or affirmation, or by 
 pi testimony, or by issues framed by him, (x) and sent to be 
 tried by jury by writ of trial (y) directed to any Court named 
 
 {x) If any question be raised as to whether the candidate or any voter 
 lija been guilty of bribery or undue influence, under the meaning of 
 I actions 209 or 210 of this Act, "Affidavit E> Isnce" is not tube 
 jjed, See sec. 212. 
 
 (y) It is now provided by Rule 1043 that in case a necessity shall 
 ippear for sending an issue to be tried by a jury, an order for that 
 purpose may be made, and the issue to be tried shall be stated in the 
 order. 
 
 The following may be the form of the order for the trial of an 
 I issue : • 
 
 IN THE HIGH COURT OF JUSTICE. 
 
 Division. 
 
 Before the Honorable Mr. Justice {or Chief Justice or 
 
 I Master in Chambers at the case may he). 
 
 ■ — day the day of A.D. 18—. ' 
 
 between The Queen on the relation of 
 
 and 
 
 Plaintiff. 
 
 Defendant. 
 
 Whereas upon the trial of the validity of an election of 
 
 I chosen upon the day of to be for the township 
 
 of — (or as the case may he) in the county of and which 
 
 I election hath been complained of by the above named relator alleging 
 the case may he) that he himself, or that he and A. B,, or that 
 [i.B., &c. , was or were duly elected, and ought to have been returned, 
 lithath become material to ascertain whether (here state concisely the 
 I mex to be tried). 
 
 It is ordered that the said question of fact be tried by a jury 
 [before the presiding Judge, who shall hold the next sittings of Assize 
 I it — (or as the case may he). 
 
 The record for trial may be in the following form : — 
 
 IN THE HIGH COURT OF JUSTICE. 
 
 Division, 
 
 Between The Queen upon the relation of 
 
 and 
 
 Plaintiff. 
 
 Defendant. 
 ' an order made in this cause dated the day of 
 
 A.D. 
 
148 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 107. 
 
 Tritl. 
 
 If •Iretion 
 invelld, 
 Judge thai I 
 remove per 
 
 don not duly 
 elected, and 
 admltporfion 
 elected or 
 cause new 
 election. 
 
 by tlie Judge, or by one or more of these nieana, as 
 he deems expedient ; subject, however, to the provisions of 
 section 212. 46 V. c. 18, s. 195. 
 
 198. In case the election complained of is adjudged in- 
 valid, the Judge shiiU forthwith, by writ, cause the person 
 found not to have been duly elected to be removed, and in 
 case the Judge determine , that any other person was duly 
 elected, the Judge shall forthwith order a writ to issue 
 causing such other piirson to be admitted ; and in case 
 the Judge determiner, that no other person was duly elected 
 instead of the person rt moved, the Judge shall by the writ 
 cause a new election to be held. (2) 46 V. c. 18, s. 196. 
 
 18 it has been directed that the following questions of fact Ixj 
 
 tried by a jury before &c., that is to say : — 
 Whether &c. 
 
 The following may be the form of indorsement of verdict thereon : 
 
 I liereby certify that on the day of , before me L. M. 
 
 Judge of the County Court of tlie County (or United Counties) of 
 
 , [or an the cane ma>/ be) came as well the within named relator 
 
 as the within named (the other party or parties) by their solicitors 
 (or as the case may he) and the jurors of the jury, by me duly 
 summoned as within commanded, also came, and being sworn to try 
 the matters within mentioned on their oath, said that, &c. 
 
 (i) It is provided by Rulis 1044 that when he Judge, before whom 
 any such case shall be pending shall have determined the same, au 
 order shall be drawn up in the usual manner, which shall state 
 concisely the ground and effect of the judgment, which order may 
 be at any time amended by the same judge in regard to any matter 
 of form, and the said order shall have the same force and effect as a 
 writ of mandamus formerly had in the like case. 
 
 The form of such order may be as follows : 
 
 IN THE HIGH COUKT OF JUSTICE, 
 
 Division, 
 
 Before the Honorable Mr. Justice, 
 
 Master in Chambers as the case may be). 
 day the day of A.D. 18- 
 
 {or Chief Justice or 
 
 Between The Queen on the relation of 
 
 Plaintiff', 
 
 AND 
 
 Defendant. 
 
 Upon the application of the above named relator, who complains j 
 concerning the usurpation by him alleged against the above named] 
 
 defendant of the othce of in the of — inj 
 
 the County of under the pretence of au election thereto heldj 
 
 •si 
 
^]-fl\ 
 
 , 200.] 
 
 DISCLAIMERS. 
 
 l?9/"cr« the election Of all H ^*^ 
 
 ..adjudged invalid, the writ fo, tl a^. "'""'''"? of a council" .« the 
 election of new members in fh!- '*«n»ovftl, and for tho '"'""'*'•• 
 
 of others adjudged leg^";:, ^^ ^ ^^f' - f- the adm^IsS^r^'n'^^ 
 the renianunir seaf>i i« +i "*'''*'"> 'incl an election f« «ii «'«otioDtoKo 
 
 .esheriffshall luu'eaiU Tpowe^^^^^ took place -'and 
 
 to 1,0 held winch a municipal^corndl I. "*"''"^. *''« ^^^^^ion 
 vacancies therein. 4G V. c. 18°" 1^7 '" °''^^'" *« supply 
 
 200. Any person whose pIp f 
 unless such election I'u ^^ «'pction is complained nP ». 
 
 ™p. ,>mc.ti..e» or/.;; errs "' "" '"" «-™'.<i f s r?-" 
 
 upon the trial of ih^ ."'^y of ^^ ,0 *""' "'"the order 
 
 irse.1 thereon and '««"« thereby directed „ '","^,*''« '•«^«''<l 
 
 before me and imon hL "P"" ''^'^""/the oral 'o. i . " '''"'^'•''* 
 
 parties. P"*" ^°'*""« ^hafc was ulleS i?J"''"'-"« "''''"ced 
 
 A 1 x . * ^'y counsel for all 
 
 I. Jt M orderertthnt the saM ,' °'""'- 
 
 /.An;! it is furthe: : 1 ^j " "H';?' '^■"-«" ^^ett; """ 
 I admitted, received an^o,- *""■* the said i ^ 
 
 enjoy th^ same ^ ^tt t'he T ^''-^ «'"'» office to^^Te tc/''"'^''*^ 
 
 - and any shiriff ttutin^Tffi '^"^ «orporatio„"'of \17"''' '""i 
 Itowhom the samn n^an * ? oftcer, or other no-o of 
 
 Ito the statute in that hill/"'^''* *^"'""i. <lo mirsuanf " ,'''' P^''««n» 
 iFrsontowhomtLsame^r ^^movecT as aforesaid P'Tm'''*"«*J 
 
 !!■' 
 
 t 
 
 !! 
 
 y 
 
 t> 
 
 ''I !•. 
 
 ^1 I ' 
 
 
 ;,,:«;l|j,u:.K 
 
100 
 
 Modn of pro 
 MDillng. 
 
 Form. 
 
 THE MUNICIPAL MANUAL. [g. 200 
 
 after HJU'vico on him of tho writ, (a) tranBniit post paid 
 through the post otlice, directed to ''The Clerk in Cluunljois 
 at Osgoodo Hall, Toronto," or to •' Tho Judgu of tlie 
 County Court of the County of L^^ 
 
 the case imiij he), or may cause to bo delivered to such clerk 
 or Judge a disclaimer signed by him, to tho etl'ect follow- 
 ing : (b) 
 
 ** 1, A. II., upon whom a Writ of SummonB, in tho nature of » 
 Quo \V(tn'aiiti>, lias buen aurvetl for tho purpose oi contuatin^ my riuht 
 to tlio r)llicc of TownHhip Councillor ior an the cane man be) Lr ti„. 
 
 vtau bi-) tot till. 
 
 Poitingr and 
 
 MKiitry^of 
 
 ditclaimor. 
 
 Pe'ion eh'C- 
 tcd may di»- 
 claiin at any 
 time be foro 
 bi8el«i'tioni8 
 complained 
 of. 
 
 Township of in the County of .^j^, 
 
 (iM tin: caxe may he), do hereljy dlHclaim tlio suid^otfice, and all defence 
 of any right 1 may have to the same. 
 
 "Dated day of . 
 
 (Signed) *'A.B." 
 
 46 V. c. 18, 8. 198 
 
 201. The disclaimer, or tho envelope containing the same 
 shall moreover bo endorsed on the outside thereof witli f ' 
 word " Disclaimer" and be registered at the post otfice 
 where mailed, (c) 4G V^. c. 18, s. 191). 
 
 202. Where there has been a contested election the 
 person elected may at any time after the election, and 
 before his election is complained of, deliver to the clerk 
 of the municipality a disclaimer signed by hiui as fol-i 
 lows : — ((/) 
 
 (a) Service of the notice of motion under tho present practice is 
 equivalent to service of tho writ luider the old practice. 
 
 (h) When the notice of tiie application has been served by leave of I 
 a Judge of the High Court and is returnable before a Judge of any! 
 such Court, the discluinicr shtmld be addressed, "to the clerk oil 
 Judge's Chambers, at Usgoode Hall, Toronto," but as to the jurisdic- 
 tion of County Court J udges see note .s to sec. 193. The disclaimer so I 
 addressed may, if preferred, be mailed or else be delivered to the] 
 proper clerk or judge. If mailed, the envelope must on the outsidel 
 be endorsed witli the word "Disclaimer." Tho letter must alao bej 
 registered in the office where mailed. 8ec. 201. If the party, instead! 
 of disclaiming under this section or sec. 202, accept office, he can 
 only resign under circumstances detailed in sec. 179 and sec. 180. 
 
 (r) It the disclaimer is delivered to the clerk or judge the endorseJ 
 ment must be on the disclaimer itself, but if transmitted througii 
 the post-office the endorsement must be on the outside of the enve^ 
 lope. 
 
 (d) Disclaimers are of two kiiuls : 
 
 1. Disclaimer under sec. 200, which must be transmitted with 
 one week after "service of the writ." 
 
 
 [ij] Where the object of 
 If' *? ^'"^te office but 
 lottce the disclaimer cannot 
 Imher under this section fa 
 y- K, i g. B. 65. 
 
 / 
 
:!05.1 
 
 C08T8 OF niHCLAIMKRS. 
 
 151 
 
 •'I, A. B., do lierchy (liHotniin nil right to the office of Tuwnahip Form. 
 
 (;,i,iiii;illor {or anlficcftin' utai/fw), for tlio Townahip of 
 
 1^,. ,u tlif cane may be, uiul all dofuiiou of any right I may havo to 
 
 4G V. c. 18, 8. 200. 
 
 203- Bucli clisclaimor hIiiiH rnliovo tho party making it oi«oUlin»r to 
 jroiii all liability to costs, (f) uiul where a 'Hsclaiiiier lias "|jJJ'J|**^JJ^*^ 
 l)^rn iiiiulo ill accordance with the preceding Hectionn, it wbo to b« 
 sliiiU operate as a resignation, and the candidate having ||°^™'j; 
 jl„, next highest nundx^r of votes (/') shall then become the 
 (Oiiiifillor, or other otlicer, as the case may be. (y) 4G V. c. 
 
 1^8. liOl. 
 
 204. Every person disclaiming shall deliver a dnplicate Oupiicato 
 ofliisi (lisclanner to tho clerk ot tlio council, and the clerk b« d«ii»Br 
 gliiill forthwith connnunicato tlu? same to tho council. .*'° "'*''''• 
 
 ^^V.o. 18, s. 202. 
 
 205- No costs shall be awarded against a person duly coNti«Ralnit 
 (liscluiiiiing, unless tho Judge is satisfied that such P'lrty j.'^^^i'j^'jjj'''"' 
 
 Disclaimer under this section, which may be tninsmitted 
 "at any time after tho eloction," but "before the election is 
 coiiiiiliuiieil of." 
 
 Ill the ciise of tho former there are no costs, nnlcss tiie judge in 
 sutistitil that the party disclainiing oimscnted to his nomination r\s a 
 cftiididate, or accepted the otHoe. Si'c sec. 205 ; ami in the latter 
 case tlitiru can be no costs, as the disclaimer must he made before 
 iviit, aiul when made relieves the party "from all liability." Sec 
 
 The effect of a disclaimer after the service of notice of the nppli' 
 cation is to put an end to tho suit. Jie'j. ix rel. Hannah v. /'mil, 
 •III. C. L J. N. S. 23S. A notice (Hsclaiming the "scat" was held 
 sutticieiit in Smith v. Petersville, 28 CJrant 51)9. But see Jiejf. tx rel. 
 Mitchdl V. Davidson, 8 P. K. 434. 
 
 ',) If tlie disclaimer be too late defendant may be ordered to pay 
 1 costs, Hxnl. Uawke v. Hall, 2 ('. L. Chamb. K. 182. See further 
 I note (/ to sec. 202, and note b to sec. 206. 
 
 (/) By the words " the candidate having the next highest number 
 I of votes" is meant the candidate iiaving such number of votes who 
 haanot been elected; consequently where the three highest candi- 
 I dates were declared elected, and tho one at the head of the poll 
 1 resigned, the candidate who was fourth in order was held entitled to 
 1 the seat. Smithy. Pttersoilk, 2% Ura.i\i ^^. 
 
 ((/) Where the object of the relator is not only to cause the defen* 
 \hxA to vacate otlice but to substitute another candidate into the 
 
 See tlie disclaimer cannot prevent the latter being substituted but 
 Inther under this section facilitates that result, sec lieif. v. liUznrd, 
 IL R, 2 Q. B. 55. 
 
152 
 
 THS MUNICIPAL MANUAL. 
 
 [s.205 
 
 Costs 
 generally. 
 
 
 consented to his nomination as a candidate, or accepted the 
 office, in which case the costs shall be in the discretion of 
 the Judge, (a) 46 V. c. 18, s. 203. 
 
 206. In all cases not otherwise provided for, costs shall 
 be in the discretion of the Judge, {b) 46 V. c. 18, s. 2C4. 
 
 (rt) The rule is, that the costs of a contested eleotion are in the 
 discretion of the Judge. Sec. 206. I'he exception is, where a regular 
 disclaimer is made within the time limited for the purpose, in which 
 case no costs, are to )»o awarded against the party who disclaims. ]f 
 however, the Judge be satisfied that the partj' " consented to his 
 nomination as a candidate, or accepted the office," the case comes 
 within the rule and not the exception. Where defendant person- 
 ally contested the election, but on its being moved against sent 
 in a disclaimer praj-Ing to be relieved from costs, because, having 
 been duly elected, he w. ? obliged, under a penalty, to accept office 
 the learned Judge in Onambers refused to relieve him of costs. 
 R('(/. ex rel. Featherstone v. McMonies, 2 C. L. Chamb. R. 137' 
 But if the defendant disclaim in proper time, and be free from any 
 imputation of blame, it is not usual to give costs against him. Re,, 
 ex rel. t'oupland v. Webster, 6 U. C. L. J. 89. If the disclaimer be 
 filed too late, clearly costs are in the discretion of the Judge. Ex rel 
 Hawke v. Hall, 2 C. L. Chamb. K. 182. On the 4th March the relator 
 obtained a summons to contest defendant's election, and the writ and 
 statement were served on tliat day. On the 9th defendant sent a 
 written disclaimer to the Judge in Chambers, which was received on 
 the 10th, and on the 13th the relator's affidavit was filed statinL' 
 that defendant had consented to his own nomination, and had taken | 
 his seat, &c. No proof of the grounds taken in the statement was 1 
 ever filed, and the case was then allowed to drop. On the 27th April, j 
 the relator filed a further affidavit stating that after the disclaimer i 
 the reeve had ordered a new election, at which he, the relator, was! 
 duly elected, but that the defendant persisted in retaining his seat, 
 contending that it had not become vacant by his disclaimer. Sir 
 B. Robinson under these circumstances, refused to give judgment, as-j 
 if the matter were still pending on the summons, there being no proof; 
 of any of the objections taken, but held that the disclaimer couklj 
 not nullify the election, as the parties seemed to have supposed ; amli 
 that if the council should support the relator in liis seat, the defend^ 
 ant or some one else must move against his election on the ground 
 that it was illegally ordered. lieij. ex rel. Freeman v. Jones, ij 
 P. R. 306. The Juclge who was in Chambers at the return of th| 
 summons, might perhaps enter an adjournment to a certain day, and 
 call for proofs as to the first election, and give judgment, lb. 
 
 (h) The Judge has a discretion to withhold costs altogether fron 
 either side, if he see nt. lieij. ex rel. Swnn v. liowat, 13 U. 
 Q. B. 3!0, or to distribute the costs, that is, to order each party 
 pay his own costs. Per Hagarty, J., Reg. ex rel. Oordmier 
 Perry, 3 U. C. L. J. 90. They are absolutely in his discretionj 
 Loverin;/ v. Dnwson, L. R, 10 C. P. 726. Where it was sworn i\i% 
 intending voters for a candidate were ol)structed in the approach t 
 the polling place by a crowd under the control of one of the succea 
 
 «. 207.J ,^^ 
 
 207. Thedecisi, 
 immediately after 
 menfc, witlj all thin> 
 the Division from a 
 
 recordasajudgmez 
 occasion requires 
 
 fill candi.Iates, and neii 
 was imecpiivocaJly den,- 
 Fas set aside with co,, 
 LJ-if. The tenS 
 pay costs unless it be «^ 
 proper .conduct for whic 
 
 h m 'Reg. ,^ ;^J^- 
 
 « rel. Johnson v 1/ 
 arenotto be discouraS 
 Wilder notice of a Jud| 
 necessarily incurred h, 
 \\i^;Rerj. exrd rh 
 !f^^rel. Hawkey j/„ 
 
 .relator pay costs, thou.r 
 
 He a party to the proc. 
 toh though iJlegaJIyf cos 
 
 fhlme and relator's st 
 U Hawke V. Half 2 P t 
 Kj^eeived iiWd vot;s-; 
 
 mtr V. Hal/, 6 U f i 
 ^teted election is i-JWaY 
 
 -'onitigatSldS,', 
 tfie assertion or defpn . ^^ 
 
 IflFormerJy leave was giJe, 
 fUean. v. Ham,, 15 ,f^^' 
 
 te''i"«titutionsAc^„P 
 t' Committee. Thenhi, 
 M'(/. Mjv/ a^ -^"eobjecl 
 
 h 
 
 C. 
 
S.207.J --««B...,,,,,,,,^^^^^^^^ 
 
 207. The decision of tl,P r ^ . ^^^ 
 
 immediately after h,-« ,•„ J ^® ^'^*^^^ be final anH I,o u „ , 
 
 the Division fr„„ whicl'tt I" '■i"','^i"'J,"'« "■« ^-^t-Si?.?.*""- 
 „cord a» a judgment of the ffi",* '^]f' ' >fo to «„,«]„ ^*«- 
 
 fill candidates, and neither tJ t ~~ — ~ — 
 
 was uneqiiivocallv (lenipJ k fi. * °^ *he obstnicf inn ., ^i 
 
 was set aside Milh cosS ^*^^* <=andidate. the '1". *^'""""*'«I 
 
 L J. 127. The tendencv nf^'^' Z''' '•^'- ^^^^'^^'^ v /i „,' " " '"^^o *? '"^ 
 
 pay costs unless it ShTw tTate .'^^^^^^^^^^ 
 
 proper conduct for whini,+i , "® ^'''"self parHf.ir.rf J- ^. P'^^^^ 
 
 arenot to be cliscouraS S',« \ ^- ^- ^- J 87 Vf^ ' , ^'^.'/• 
 ander notice of a Judfe at th. ""^,"^^' ^'-^^^^ of ,„,-,£'. r^f*'"'^ 
 
 Uleapartytb the «;. f/- J- 60. So where "f •''•'^- '"^ '•^^• 
 
 f Wa-ne, and relator's stS '"*' ?' ^-turning o 1 cer \v.,"''^^"'.'^^ ^■• 
 »rreot, the latter was orcle;-. iT"^ ^^^ «^^«^vu not to T'^'^V""?'' 
 k//a../. V. //„//, 2 L V'lL iP'^ "''^"^^ to the former ',""*'^' 
 U received ilhWl vofl... V '""^- ^^- >82. lJ„t ^ r?f • ^'^'•'/- ^'■'^ 
 
 kcosts to tl.e s^c;sff ['7'.^ U. C. L. J. 87 Tl e A^r'^/^^^^- 
 tk saccessful party SS,,P'»-t>^' should consi de, 'vhenf ''''''"' °" 
 
 W assertion or defence of '""">'^«. »"<! on rSnW« ^."* 
 
 Mrate funds. /^.J "'%*^^<'«^P«''«te rights, niav bo nl-f °""^«' 
 
 te 'I?- «i^'gi™.s> .pp.a, to t,. , c J:. ;'• ^''^• 
 
154 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 207. 
 
 M^e of nat'ui'e of a writ of peremptory mandamus, (cc) and by writs 
 judgment, of execution for the costs awarded, (d) 46 V. c. 18, s. 205 
 
 1 
 
 §kM t 
 
 ^^H i 
 
 ■ SW!^ 
 
 'I 
 
 If 
 
 
 iff^'1 
 
 The Judges 
 to make 
 rule*, elo. 
 
 208. The Judges of .the High Court or a majority of them 
 may, by rules settle the forms of the writs of summons 
 certiorari, m,andamus and execution under this Act, (e) and 
 may regulate the practice respecting the suing out, service 
 and execution of such writs, and the punishment for dis- 
 obeying the same, or any other writ or order of the Court 
 or Judge, and respecting the practice generally, in hearing 
 and determining the validity of such elections or appoint- 
 ments, and I'especting the costs thereon ; and may from time 
 to time rescind, alter, or add to such rules ; but all existing 
 rules shall remain in force until rescinded or altered as 
 aforesaid. 46 V. c. 18, s. 206. 
 
 Division IX. — Prevention of Corrupt Practices. 
 
 Bribery and undue injluence defined. Sees. 209, 210. 
 
 Certain payments lawjul. Sec. 211. 
 
 Evidence to be viva voce. Sec. 212. 
 
 Effect of the conviction of candidate for bribery. Sec. 213. 
 
 Pena/ties. Sec. 214. 
 
 IIoio penalties recoverable. Sec. 215. 
 
 Report and record of conviction^. Sees, 216, 217. 
 
 Witnesses, how procured — Self-crimination or privilege noA 
 
 to excuse from yiving evulence. Sees. 218, 219. 
 Proceedings, within what time to be taken. Sec. 220. 
 Whe)i penalties not recoverable. Sec. 221. 
 Publication of the law against corrupt practices. Sec. 222. 
 
 (cc) It is now provided by Rule 1044 that the Judge's order shall 
 have the same force and effect as a writ of inandamua formerly 1 
 in the like case. See note (z) to sec. 198. 
 
 ('/) The power of a Judge to award coats for or against a relatoij 
 defendant or returning otticer, is in general exercised only on the tioJ 
 determination of the case. Reg. ex rel. Arnott v. Marchant, 
 C. L. Chamb. R. 167. 
 
 {<•) The following may be the form oiji. fa. for costs : 
 
 Vl(!TORIA, &c. 
 
 To the Sheriff of the County (or United Counties) of , Greetid 
 
 We command you, that you levy, or cause to be levied, of t| 
 
 goods and chattels of A. B., late of , the sum of , which hal 
 
 lately been adjudged to C. D., of . in our High Court of Justi^ 
 
 at Toronto, according to the form of the statute in such cases mai 
 
 s, 209 1.] 
 
 209. TJie foil 
 bribery, and shal 
 
 1. Every perso 
 bv any other pers 
 
 and provided, for li 
 
 defence upon a cei 
 
 rmto, taken in our 
 
 relation of the said J 
 
 of — , in your Coun 
 
 mdea parti/, add hej 
 
 Olficer at tlie election 
 
 party") whereof the 
 
 appears of record ; an 
 
 Court, at Toronto, im 
 
 the said 0. D.,iorhia 
 
 writ. 
 
 Witness, &c. 
 
 X.B.-Whm the ii 
 entitled to coste, the fier 
 if) Bribery was an t 
 any statute. }{ex y 
 bribe was at Common 
 2500. But in order, if 
 lature has from time to tj 
 Legislature passed an I 
 in force for preventing 
 serve in Parliament 
 ch. 102. Jn the hop 
 the statute called *' 
 was framed, lb. Itg t 
 late province of Canada 
 parliamentary elections 
 c. -1, s. 67. and in 18' 
 municipal elections. 3 
 are substantially the sar 
 17 & 18 Vict. c. 102 
 thesulyectoflegislativ 
 lol.C Q.B.I40. EaJ 
 V. Bale, L. R. 10 C. P. 
 
 tills Act to the words " 
 person other than the 
 /'e'' Martin, B., in JVb 
 
 in parliamentary ei'ectior 
 a person has employed ai 
 ion he 18 responaiJ.le for 
 iJ not intend to autho, 
 \l''\l'iro,UoCase, 1 H 
 \i!\uik„ka and Parry Sot 
 
 «nact, making the relati 
 
209 1.] 
 
 BRIBERY AT ELECTIONS. 
 
 155 
 
 209. Tlie following persons shall be deemed guilty ot^^^^'- 
 bribery, and shall be punished accordingly : — (/) deemed 
 
 guilty of 
 
 1. Every person who, directly or indirectly, by himself, or bri^^ky' 
 by any other person in his behalf, (g) gives, lends or agrees Qivingr 
 
 ^__ : voters, etc. 
 
 snd provided, for hia coats by him laid out and expended in his 
 defence upon a certain proceeding in the nature of a quo war- 
 f0ito, taken in our said Court against the said C. Z)., upon the 
 
 iilitiou of the said A. B., for uaurping the office of , in our 
 
 jf , in your County (or Counties) (if the lieturniug Officer han been 
 
 mdea pnrty, add here, " to which proceeding E. F., the Returning 
 Officer at the election of the said C. D. to the said office was made a 
 party") whereof the aaid A, B. is convicted, as in our said Court 
 appears of record ; and that you have that money before oar said 
 Court, at Toronto, immediately after the execution hereof, to satisfy 
 the said C. D. , for his costs aforesaid, and have you then thet e this 
 writ. 
 
 Witness, &c. 
 
 J. B. — When the Returning Officer has been made a party, and t« 
 tnlUM to coste, the fieri facias must be framed accordingly. 
 
 [f) Bribery was an offence at Common Law and idependently of 
 any statute. Bex v. Pitt, 3 Burr. 1338. i?o the mere offer of a ,- 
 bribe was at Common Law an offence. Bex v. Vaughan, 4 Burr. 
 2500. But in order, if possible, effectually to put it down, the Legis- 
 lature has from time to time interfered. In the year 1854 the Imperial 
 Lef'islature passed an Act in which it was recited " that the laws now 
 in torce for preventing corrupt practices in the election of members to • 
 serve in Parliament have been found insufficient." 17 & 18 Vict., 
 cii. 102. In the hope of remedying the insufficiency of the law 
 the statute called "The Corrupt Practices Prevention Act, 1854," 
 was framed. lb. Its provisions were embodied in statutes of the 
 late province of Canada and of the legislature of Ontario, as regards 
 parliamentary elections Stat. Can. 23 Vict. c. 17 ; Stat. Ont. 32 Vict. 
 c. '21, s. 67. and in 1872 were applied by the local legislature to 
 municipal elections. 35 Vict. c. 36. The sections here annotated 
 are substantially the same as the provisions of the Imperial statute 
 1"& 18 Vict. c. 102. Formerly bribery at municipal elections was 
 the sul)ject of legislative interference. Beg. ex rel AtcKeon v. Hogg, 
 15 U. C Q. B. 140. Each act of bribery ia a distinct offence. Milnes 
 V. Bale, L. R. 10 C. P. 591. 
 
 (;/) It is perfectly clear that the meaning which is to be given in 
 this Act to the words "any other person on his behalf," is every 
 persiin other than the candidate for whose act he ia responsible. 
 hr Martin, B., in Norwich Election Petition, 19 L. T. N. 3. 617. 
 In parliamentary election law it has long been established that where 
 
 I a person has employed an agent for the purpose of procuring his elec- 
 tion he is responsible for the act of that agent, though he himself 
 
 UiJ not intend to authorize it. Taunton Vase, 1 O'M. & H. 182; 
 Wed Toronto Case, 1 H. E. C. 97 ; Cornwall t'a.>te, 1 H. E. C. 547 ; 
 
 lHwkiika and Parry Sound Election, 1 E. C' 197. It is, in point 
 of fact, making the relation between a candidate and his agent the 
 
 ^;i-'?rH- 'i-: 
 
156 
 
 Procuring 
 offlcH, etc., 
 for voters. 
 
 THE MUNICIPAL MANUAL. ("s. 209 1. 
 
 to give or lend, or oft'ers or ])romises money or valuable 
 consideration, or gives or procures, or agrees to give or pro- 
 cure, or offers or promises, any office, place or employment to 
 or for any voter, or to or for any person on behalf of any 
 
 relation of master and servant, and not of principal and agent. 
 We.'<tmmsler Case, 1 O'M. & H. 95 ; Wvjan Case, lb. 191. A variety of 
 oases might bo put, in which a principal is liable even civilly for ait 
 act of an agent which he never intended, and at which he ii exceed- 
 ingly displeased. See Westbury Cane, lb. 54. A well established 
 case of bribery by an agent avoids an election, even though the agent 
 acted against instructions. South Grey Case, 1 H. E. C. 52. But 
 an agent who is not a general agent, but an agent with powers 
 expressly limited cannot bind the candidate by anything done beyond 
 the scope of his authority. Berthler Election, 9 S. G. R. 102. It is 
 as regards elections for the local legislature, expressly declared tliat 
 "where it is found, upon the report of a Judge upon an election peti- 
 tion, that .my corrupt practice has been committed by a candidate 
 at an election, or by his mjeiit, whether with or without the actual 
 knowledge and consent of the candidate, the election of the candi- 
 date, if he has been elected, shall, except in the cases mentioned in 
 section 1G3, be void." Kev. Stat. 1887, c. 9, s. 162. Agency is a 
 result of law to be drawn from the facts in the case, and from 
 the acts of individuals. SUi/o Case, 1 O'M. & H. 301. There u 
 always a great difference in the degrees of agency. As you go lower 
 down, j'ou require more distinctly to shew that the act was done 
 by a person Avhom the candidate would be responsible for ; as you 
 come higher up, it is more as if the candidate had done it hiniaclf, 
 Hereford Case, lb., 19-4. No one can lay down a precise rule a? 
 to Avliat would constitute evidence of being an .gent. Beii'dhj 
 Case, lb., 17; S. C. 18 L. T. N. S. 676; Brid<jewater Case, 1 
 O'M. & H. 115. A man's wife, if she interfere in the election, is 
 ipso facto his agent. Cashel Case, lb. 288. It may be said that an 
 act, however trifling, is evidence of agency, and that an aggregate 
 of isolated acts will by their cumulative force constitute agency. 
 Bewdley Case, lb. 18. Agency in election matters is a result of law 
 to be drawn from the facts of the case and the acts of the individuals. 
 Uast PeterboroiKjh Case, 1 H. E, C. 245. See also Muskoka and 
 Parry Sound Election, 1 E. C. 197 ; West Simcoe Election, 1 E. C. 120; 
 West Norllmmberland Election, 10 S. C. K. 635. Canvassing alone, 
 and with or without a canvassing book, is evidence of agency. 
 Stalei/bridift Case, 1 U'M. & H. 68 ; Lichfield Case, lb. 25 ; Wnid- 
 sor Case, 19 L. T. N. S. 613; Londonderry Case, 21 L. T. N. 8. 
 709 ; Cornioall Case, 1 H. E. C. 547. But canvassing, independ- 
 ently of the candidate, and for an independent association, rebut.< 
 the inference of agency. Westminster Case, 1 O'M. & H. 91. "1 
 cannot concur in the opinion that any supporter of a candidate who 
 chooses to ask others for their votes, and to make speeches in his 
 favour, can force himself upon the candidate as an agent." hr 
 O'Brien, J., Londonderry Case, 21 L. T. N. S. 712. See also 
 Prescott Election, 1 E. C. 88. A supporter of a candidate who j 
 accompanied the candidate in a sleigh saying to some cabmen, " Boys, 
 follow me," does not feufticiently constitute him the agent of the can 
 didate so as to affect him with illegal acts. Reg. ex rel. Thompson v. j 
 
 s. 209 I.] 
 
 voter, or to 
 
 vote or refra 
 
 a by-Jaw ft 
 
 municipality 
 
 ever, (h) or v 
 
 . account of su 
 
 at such electi 
 
 iledcal/, II u. 
 after the act i 
 dm, I O'JVI. Ji 
 with the electi 
 lb. 208; Bridge, 
 C. 1. Con versa t 
 previous proof of 
 
 {h) This secfcio] 
 An offer is include 
 289 ; Siditon v. JVi 
 233; lltivtlow v. 
 that an offer to bri 
 Coventry Case, 1 
 see also Taunton ( 
 Otferiug to accept a 
 reduced salary mav 
 17 Am. 485. The 
 he stronger than ] 
 Case, 1 O'M. & H j 
 reiitly within the 
 Uiiere money was p 
 l)ut such services we 
 voters, the payment 
 'r s*'- ibe section 
 gne, or lend " mone 
 oreuipJoynient." 
 cure a vote," ig a ,■ 
 . promise of refresh.n 
 promise before a poll 
 Peudedbyhimu^on, 
 iowlong before thee 
 I "^e, 16. 302. Bettin 
 
 ]111.E.C. 660; West! 
 
 Jc%e of bribery, ho^ 
 
 Jear and ,atisfac?orj 
 
 (offence is ,„adeoi?:^l 
 
 W If the money be am 
 .rote or refrain fm^ * 
 M-Jeelectron'Tm^ 
 |Aa act done corn;pt]y';j 
 

 S. 209 l.J BRIBERY AT ELECTIONS. 
 
 voter, or to or for any persoT, ,'„ j 
 
 vote or refrain from votinTHf '''''^®'' *° ^"^"^e any voter fn 
 a b,-Iaw for raising t;fney ^0^^^ ^^^f^^^ 
 niumcipality or part of a m/niZJZt^ ^ '^^^* "P"n a 
 ever, (/.) or who corruptly, doefany ^2^:.^' T P«>'P-«e what- 
 account of such voter having voted n^ /' ^' aforesaid, on 
 at such election, or upon such bv Jaw' ^(^-f ^'"^^ from voting 
 
 157 
 
 (h) This section gives a n . ^ ^ M. & H. 3. 
 
 All o/f«- is included in +kJ^j1^.*"" ^"^araed definit.-^^ * i, ., 
 289 ; Sainton v. MrZ J R ^«^'»«on. See^ AS v ^«/ '"'c''''*^^- 
 
 Coventry, Case, I Q'M * u^^? ^« ">« ^otual pavmenf nf '"PP^^^** 
 reutly within thp % ''"^^ ^'^^n to a diLSfl' f^'^^'^nham 
 
 orempJoyment." ♦«AnvMiir"'*"'*' consideration ""or ''«««;'"""'¥ ^° 
 cure a vote," ig » }»^ l^ ^"S' S^'^a* or small w ,Vh • °**'^' P^^^e 
 
 promise of 'refreshment^ ^'T'''' ^"^^ O^M^V'/mn*'' ^^"u^" 
 promise before a poIlTo relt'lv'T' ^"'^^"^ CWe 76 -isf s^^' 
 peiided by him upon drink^ ^J" .'?*^'' ^^t^*" ^he poi the ml '^ * 
 iofflong before tJiP Jil 7- ^'^^imgs Case Ih 9i« t1 "^o«ey ex- 
 
 kribery. Lincoln PU^r'''^ *^^ »■«««!* of an e^ectim, ^\ '^^^^' ^Hgo 
 
 , 1)1 If the money be ^„„.^ , "•■'■■"• S- H. 
 
 "y a man Icnowmg that he 
 
158 
 
 Or for per- 
 sona in- 
 flnencing 
 voters. 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 209 2. 
 
 Corruptly 
 
 influencing 
 
 Toters. 
 
 2. Every person who, directly or indirectly, by himself or 
 by any other person in his behalf, (k) makes any gift, loan 
 offer, promise or agreement as aforesaid, to or for any per- 
 son, in order to induce such person to procure, or endeavour 
 to procure, the return of any person to serve in any munici- 
 pal council, or to procure the passing of any by-law as 
 aforesaid, or the vote of any voter at a municipal election 
 or for such by-law ; (/) 
 
 3. Every person who, by reason of any such gift, loan 
 offer, promise, procurement or agreement, procures or en- 
 gages, promises, or endeavours to procure the return of any 
 
 is doing wrong, and doing it with an evil object. Bradjord, 
 Case, 1 O'M. & H. 37. Corruptly means to influence votea. 
 Cheltenham Case, lb. 64. "To produce the result which the Legis' 
 lature intended to forbid." WaUlmiford Case, lb. 60. Contraiy 
 to the intention of the Act, with a motive or intention by means nt 
 it to produce an effect on the election. Hereford Case, Jb, 
 195. The Judge must satisfy his mind whether that which was done 
 was really done in so unusual and suspicious a way, that he ought to 
 impute, to the person who has done so, a criminal intention in doine 
 it. Bodmin Case, lb. 125. ^ 
 
 {k) See note g to sub. s. 1 of this section. 
 
 (l) This sub-section is aimed at that offence which is known in 
 England as * ' purchasing a borough. " Of late such transactions have 
 been very rare. An instance of it was exposed in 1858. The Com- 
 mittee in the Haiwich Election, reported that G. W. P. was not 
 duly elected ; that G. W. P. entered into an engagement with J. A,, 
 through his solicitor, in accordance with the terms of which engage- 
 ment the said G. W. P. was on his part to pay certain sums of money 
 ■ in the event of his return, and the said J. A. was to endeavour to i] 
 procure the return of the said G. W. P. for the said borough. Clerk 
 on Elections, 99. In the Barnstaple Case, 2 P. R. & l3. 33fi, an 
 agreement was proved in the following form : — "I will pay £400 and 
 £1000 within a week after the election at E." C, It was proved had 
 been very active in averting the threatened disfranchisement of the L 
 borough, and incurred expenses to the amount of £1,400 in so doing,! 
 It was in respect of this bill that the agreement was made. C. swoielf 
 that it was no part of the understanding that he should procure L.'si 
 return. But the election was held void. The fair payment of tlia 
 expenses of a member, if he will stand, does not of itself constitute! 
 an illegality under this provision, although it constitutes a case c&^ 
 ing for a full inquiry. Coventry Case, 1 O'M. & H. 97. If tiie 
 inquiry, according to what the learned Judge said had shewn that E| 
 had agreed to give H. £5, he might say a farthing, in point of law, 
 if he agreed to give him anything, if only a peppercorn, for th| 
 purpose of purchasing any influence which H. had with the elector! 
 of (Coventry, and of advancing E.'s interest as a candidate at thj 
 election, it would have been bribery, and would have avoided th 
 election. Per VVilles, J., lb. 100. 
 
 s. 209 5.] 
 
 person in a mu 
 of any by-law 
 a inunioipal elec< 
 
 4. Every perse 
 
 jwid, mon&y to 
 
 the intent that s 
 
 exjiencled in bj-i 
 
 voting upon a by- 
 
 or causes to be paj 
 
 or ref)ayment of , 
 
 bribery at such eJe 
 
 (n) 
 
 0. Every voter 
 tion, or tJie voting 
 hy himself or any o 
 or contracts for an^ 
 tion, office, j;Jace oi 
 person, for votin^r 
 agreeing to refrain 
 such by-law ; (o) 
 
 (»0 The transaction ii 
 18 one and the same 
 illegal the conduct of'tli 
 receiver. See the lasfc , 
 
 («) The object of this 
 money for purposes of 
 election; vuth intent that 
 [[kmrnwilj, paid „ff^ 
 ID bribery, it iaiUel, 
 
 ismUerymuchin'tJ 
 
 m\ in the latter part 
 
 common practice f or a c 
 
 tl.eimn.ls of two or th. 
 
 with permission to certai 
 This occurs most frenn 
 expedient that the can 
 
 nieamised to procure hi 
 expended wholly or Lh 
 
 Htyof briber^ Jfcff 
 
 '"sp'cous tosaytheC 
 "Isoremarks of Richards 
 
 , («) While the precpd.-n^ 
 
 hfiates ana tr^ert * 
 Wlies only to voters 5 
 
 forfeiture of a vote aW 
 hl»n anyone, unless bye 
 
IM! 
 
 s. 209 5.] 
 
 BRIBEHY AT ELECTIONS. 
 
 159 
 
 person in a municipal election, or to procure the passing 
 of i>ny by-law as aforesaid, or the vote of any voter at 
 a municipal election, or for such by-law ; (m) 
 
 4. Every person who advances or pays, or causes to be Advandng, 
 ,,31(1, montiy to or to the use of any other pei'son with (,'r{,J^bery, 
 the intent that such money, or any part thereof, shall be «tc. 
 expended in bribery at a municipal election, or at any 
 
 voting upon a by-law as aforesaid, or who knowingly pays, 
 or causes to be paid, any money to any person in discharge 
 or re[)ayment of any money wholly or in part expended in 
 bribery at such election, or at the voting upon such by-law ; 
 (n) 
 
 5. Every voter who, before or during a municipal elec-y^ter 
 tion, or the voting on such by-law, directly or indirectly money, etc. 
 by himself or any other person in his behalf, receives, agi-ees J|'g^Je*{ng for 
 or contracts for any money, gift, loan, or valuable considera- money to 
 tion, office, place or employment, for himself or any other^° ^'* "■ 
 person, for voting or agreeing to vote, or refraining or 
 agreeing to refrain from voting at such election, or upon 
 
 such by-law; (o) 
 
 (Hi) The transaction intended by this and the preceding snb-section 
 is one and the same. But while the preceding snb-section makes 
 illei'al the conduct of the giver, this makes illegal the conduct of the 
 receiver. See the last note. 
 
 (ii) The object of this sub-section is to prevent the expenditure of 
 money for purposes of bribery. If advanced or paid before the 
 election, vMh intent that it shall be expended in bribery, it is illegal. 
 \ihwnnijbi paid after the election i.\ discharge of money expended 
 in bribery, it is illegal. The word " knowingly," in this sub-section, 
 is used \rery much in the same sense as the word '^' corruptly " is 
 used in the latter part of sub-section 1. It is by no mear s an un- 
 common practice for a candidate to pay a large sum of money into 
 he hands of two or three persons, or into the hands of a banker, 
 1 with permission to certain persons to draw upon such sum of money. 
 [ This occurs most frequently at elections where it is considered 
 expedient that the candidate should know as little as possible of the 
 means used to procure his return. Were the money so paid in to be 
 expended wholly or partly in bribery, would such a candidate be 
 piilty of bribery within the statute ? Such conduct would be very 
 Kspicious, to say the least of it. See Clerk on Elections, 101 ; see 
 ' ) remarks of Richards, C. J., East Toronto Case, 1 H. E. C. 70. 
 
 o) While the preceding sub-sections relate more especially to the 
 i candidates and to persons acting on their behalf, this sub-section 
 
 applies only to voters. The deprivation of the right to vote, or the 
 I forfeiture of a vote already given, is not to be imposed as a penalty 
 
 upon any one, iinless by express enactment. There are other persona 
 
 
 
160 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 209 6. 
 
 ReMiTing G. Every person who, after sucIj election, or the vot- 
 •ivr the ' ing upon such by-law, directly or indirectly, by himself 
 •y^°|\,''"' or any other person on his behalf, receives any money or 
 inducing, valuable consideration on account of any person havinff 
 « ., <ivo e. yQ^gjj QY refrained from voting, or having induced any other 
 
 person to vote or refrain from voting at such election 
 
 or upon such by-law ; (j)) 
 
 i 
 
 '■'tV'ii 
 
 interested and afiFected by the vote beside the voter. The candidate 
 for '■•hoin he voted is interested in it, and so uro the whole body of 
 the electors who voted for the same candidate. One vote may cliaiige 
 the result of an election, and the deprivation of tlie right to vote is 
 not to be brought about by mere inference as to what the Legialature 
 must have intended. There must be a plain enactment declarini; that 
 the vote shall be rejected if tendered, or shall bo struck oiF if .riven 
 to justify the disallowance of it, and as a consequence to douWe the 
 penalty on the voter, and so seriously to affect the rights, priviWes) 
 and interests of others dependent on the vote. Per Richards, C J 
 in Brockville Election, 32 U. C. Q. B. 139. Either taking or glviiKr 
 a bribe invalidates a vote on a scrutiny. Snurhdinpton Owie. i 
 O'M. & H. :1'24. A man Avho votes for one candidate after hr.vini; 
 received money to vote for another is as much guilty of bribery as if 
 he had doue what was expected of him. Lichfield Cane, U,. 29 
 To take pay for a day's wages is bribery. Stalejibridije Casn, Ih 
 66 ; see also Taunton Case, lb. 183. So payment of a debt for 
 which the voter was incarcerated. Londonderri/ Cane, 21 L T 
 ^^ S. 709 ; 8. C. 1 O'M. & H. 275 ; see further Hardin,) v. St„hi< 
 2 M. & W. 233 ; lte,l. v. Thwaites, 1 E. & B, 704 ; London E/eclion, 
 1 If. E. C. 214. The question is not what is the motive operatini'on 
 the mind of the voter. The mind of the voter has nothing to do with 
 it. The question is the motive of the person bribing. Probalily 
 there is no man who ever was bribed but would swear that the bribe 
 had not influenced his vote. Westminster Case, 1 O'M. & H. 95- 
 see also Cashel Case, lb. 289. A conditional inducement of any 
 kind to indues a voter to vote or refrain from voting is bribery. See 
 Siinpsop- v. Yecnd, L. R. 4Q. B. 626. Payment of travelling expenses 
 to induce the voter to vote is bribery. Dublin Case, 1 O'M, & 
 H. 273. It is not decided that payment afterwards, without a pre- 
 vious promise, is bribery. Northallerton Case, lb. 167. Colour- 
 able employment of a voter is bribery. Pen, jn Case, Ih. 128. 
 So lavish household expenditure if intended to influence votes. 
 Hastings Case, lb. 218. Admissions by a voter that he has been : 
 bribed are evidence to invalidate his vote on a scrutiny. WiiuUor j 
 Case, lb. 5 ; King's Lynn Case, Ih. 208. Votes given for a can- 
 didate after an act of bribery has been committed by him, or on his j 
 behalf, are not null and void, but merely unavailable for the pur- 
 pose of the election, — his status as a candidate leing annihilated by ■ 
 the act of bribery. Norwich Election Pefitmi , 19 L. T. N. S. 
 619. The votes ren)ain aa good to be striick oflF by the party claiming j 
 the seat. Jb. 
 
 ip) The word "corruptly," aa used in the first aub-section is not | 
 repeated here, but is involved in the language uaed. To receive after \ 
 
 210.] 
 
 INTI 
 
 7. Every person ' 
 other veliicles for tl 
 from the polls, and e 
 use of any liorse, tear 
 purpose of conveyin 
 aforesaid, (q) 46 V. 
 
 210. Every person 
 or by any other perso 
 fiis to make use of an 
 ,ir threatens tlie inflic 
 oilier person, of any ir 
 practises intimidation 
 induce or compel such 
 or on account of such 
 
 1 
 
 J an election, money or va] 
 p;rjoii liaving voted or r( 
 corruptly. See note^ to 1 
 
 ((/) For a long time do 
 teams and vehiclea to con 
 or not. The doubts were 
 Local Legislature by sec. 7 
 J. 157.) This sub-section n 
 receive pay for teams and 
 [«11. To bring a case und< 
 1 1 hiring on the part of the 
 jiorthe use of horses, teams 
 |f;3i! mentioned. One M. , 
 j request of P., the respondei 
 jiothe polling place, saying 
 Jibysafter the election P. g; 
 I for such carriage, but M. tt 
 lleiiad done for P. as cartel 
 liiitter. Held, that there v 
 Ifor any purpose, the money 
 Irtceived for another, fn rt 
 ; t even if there had been 
 igency had ceased, and as tl 
 fay to which it could rela 
 penition of the statute. H 
 i would have avoided P.'s v 
 bwrks of Richards, C. J. 
 ^mito Case, 1 H. E. C. 97 
 lor moral, to pay for los 
 bpenses. Per Watson, B., i 
 kmeut of a voter's expense 
 hn though the payment m 
 th Grey Election, 1 H. E. 
 I it is bribery. Cooper v 
 h a rel. Thompson v. Mei 
 21 
 
 '4' 1 
 
, 210.] 
 
 INTIMIDATION AT ELECTIONS. 
 
 161 
 
 7, Every person who hires horses, teams, carnages orH'''**K 
 other vehicles for the purpose of conveying electors to or 
 from the polls, and every person who receives pay for the 
 use of any horse, teams, carriages, or other vehicles, for the 
 puipose of conveying electors to or from any polls as 
 aforesaid, {q) 46 V. c. 18, s. 207. 
 
 210. Every person who, directly or indirectly, by himself Per«on« 
 5,. by any other person on his behalf, makes use of or threat- vr./ieiice or 
 fiisto make use of any force, violence or resti-aint, or inflicts |"^{^''*'"*"' 
 or threatens the infliction, by himself or by or through any of undue 
 other person, of any injury, damage or loss, or in any manner '"*'"°'"'** 
 practises intimidation upon or against any ])erson, in order to 
 induce or compel such person to vote or refrain f i-om voting, 
 or on account of such person having voted or refrained from 
 
 an e'.ec 
 
 tion, money or vaUiable consideration " on account of any 
 perjon having voted or refrained from vothig," &c., is to receive it 
 corruptly. See note^' to sub-s. \ of this section. 
 
 Ill) For a long time doubts existed as to whether the hiring of 
 I terns and vehicles to convey voters to and from the polls was legal 
 or not. The doubts were removed in the case of elections for the 
 Local Legislature by sec. 71 of 32 Vict. ch. 21, Ont., (now R. S. O. c. 9 
 i. 157.) This sub-section makes it an offence for any one to hire or to 
 1 receive pay for teams and vehicles used in conveying voters to the 
 poll, To bring a case under the Ontario Election Act there must be 
 Hhirin" on the part of the candidate or his agent, or receiving pay 
 jior the use of horses, teams, carriages, or other vehicles for the pur- 
 1 1530 mentioned. One M. , a carter, who voted for respondent at the 
 I'reauest of P., the respondent's agent, carried a voter five or six miles 
 liothe polling place, saying he would do so without charge. Some 
 |ta after the election P. gave M. $2, intending it as compensation 
 Iforsuch carriage, but M. thought it was in payment for work which 
 Ik had done for P. as carter. The candidate knew nothing of the 
 Inatter. Held, that there was not properly any payment by P. to M. 
 Ilor any purpose, the money having been given for one purpose and 
 Itfceived for another. //* re lirochville Election, 32 U. C. Q. B. 132. 
 t even if there had been such a payment, it was made after P.'s 
 mcy had ceased, and as there was nc previous hiring or promise to 
 my to which it could relate, it was held not to come under the 
 meration of the statute. lb. If such payment had been established 
 twouhl have avoided P.'s vote, but not M.'s. lb. See further the 
 jenmks of Richards, C. J., as to the hiring of cabs, &c., in Went 
 (rsrodfo Case, 1 H. E. C. 97. A candidate is under no obligation, 
 ijal or moral, to pay for loss of time of voters or their travelling 
 apenses. Per Watson, B., in Cooper v. Slaiie, 6 H. L. Cas. 754. The 
 fiyment of a voter's expenses in going to the poll is illegal as such, 
 |ren though the payment may not have been intended as a bribe. 
 I Grey Election, 1 H. E. C. 52. If made on condition of his vot- 
 j' it is bribery. Cooper v. Slnde, 6 H. L. Cas. 754. See further 
 f'l.txreL Thompson V. Medcalf, 11 IT. C. L. J. N. S. 248. 
 
 21 , ' 
 
 I ' ■ 
 
 , \f 
 
 i M 
 
 mt' 
 
 
 
 tiiil m 
 
 wm 
 
162 
 
 THE MUNICIPAL MANUAL. 
 
 [8. 210. 
 
 voting at any election, or who in any way prevents or otlicr- 
 wiae interferes with the free exercise of the franchise of anv 
 vofcei', shall bo deemed to bo guilty of undue influence, uiul 
 be subject to the penalty hereinafter mentioned, (r) 4G V 
 c. 18, s. 208. 
 
 git'ftt 
 
 (/•) Intimidation may be oither f'oueral or ]iarticular. The 
 object of the Legislatiuo is tououiue freoilom of election. "Inordci' 
 to avoid an election on the groiuul of intimidation, it muat he shunn 
 that the rioting or violence waa instigated by the member or hj^ 
 agents, for wliom he is responsible ; or it must ])e shewn it was to«iitl| 
 an extent as to prevent the election being an entirelji iroo eleotioii " 
 Stalfi/hritltje Cane, 1 O'M. & H. 72. Tiio common law rciidcN 
 an election carried by violence, force or intimidation void, Ijeouis, 
 the freedom of election is violated, and persons are prevented linin 
 freely exercising their francluHo and giving their votes, ('hfltfji. 
 ham Cnie, Ih. 04. If the intimidation be so general that tlie elci^limi 
 cannot be said to be a free one, in that case, though it is not biou'lit 
 homo to the candidate or his agcnits, the election woxdd he void. 
 Stoft'onf Cn.li', Ih. 122!). General intimidation must bo put on a parallij 
 with general bril)ery or general treating ; that is, it must be sheMii t(i 
 spread over such an extent of ground, and to permeate through tin 
 community to such an extent, tliat the tribunal considering the chm 
 is satisfied that freedom of election has ceased to exist in consequeni'. 
 Drofjhi'da Cnxe, Ih. 2r)9. With respect to particular voturs, tli' 
 Legislature has used language which enakes it undue iiiflueivf ;„ 
 practice intimidation, directly or indirectly, with intent to infliiemc 
 the vote of a single voter. Whether the voter be the person ill. 
 treated, or whether the ill-treatment be violence, or damage donci In 
 the removal of custom, business, or employment, is immaterial ; if ii 
 is done with a view to affect the voter or incerfere with the five 
 exerci.se of the franchise, it is within the prohibition of the Act. 
 Blackburn Ca>>e, Ih. 204 ; N'orth Ontario Cnne, H. E. C. 785. The 
 question whether a man made a free vote is something like the qim 
 tion whether a man made a free will. Windsor Cane, I},, t; 
 Threats of eviction by landlords. /?(';/. v. /iarnwfll, 5 W. It, '),");, 
 Threats to suspend or refuse the rites of the Church. Odhrmi 
 Case, 1 O'M. & H. 303 ; see also Lomjford Case, 2 O'M. k ]\. 
 16; Ti/merary Case, lb. 31. Threats of dismissal from employ- 
 ment; Westbury Case, 1 O'M. & H. 50; discharge of servants; 
 Blackburn Case, lb. 203; North Norfolk Caxe, Ih. 241, or other 
 wrongs or injuries of a similar character, if made in order to i 
 influence the vote, constitute undue influence. Where an injury 
 has been actually inflicted the proof is comparatively easy, hut 
 where merely a threat has been made, and not executed, the point is 
 often difficult to determine. North Norfolk Case, Ih. 242. If 
 the threat be proved, the onus is upon those who made the threat or 
 who are responsible for it, to shew that intimidation did not produce; 
 its natural consequence, namely, terrifying the people from the exer- 
 cise of their legitimate franchise. Droijheda Case, Ih. 256. Aj 
 mere attempt to intimidate a voter^ even though unsuccessful, would I 
 avoid an election. Northallerton Case, lb. 173. See also Soul-\ 
 anges Election, 10 S. C. R. 652. 
 
M 
 
 EVIDENCE m ELECTION TRIALS. 
 
 163 
 
 211. The actual porHonal oxpensoH of n candidnte, IiIh Kx^"«Mof 
 jjpfnse« for Hctuul professional services performed, and hotia 
 
 J, payments for the fair cost of printing and advertising, 
 shall be lield to be the expenses lawfully incurred, and tlie 
 [Uiinent thereof, shall not be a contravention of this Act. (s) 
 [gV.c. 18,8. 209. 
 
 212. Where, in an application in the nature of a (7?^o ?/•<??•- Evidence of 
 fj,i/o, a question is raised iis to whether the candidate orpr«ctice»on 
 jjv voter has been guilty of any violation of section 209 or j'PP^'^^'^j!^"^^ 
 ifOof this Act, affidavit evidence shall not be used to ])rovo quo warranto 
 tiie otlonce, but it shall be proved by viva i^oce evidence ["y^^pojj.*" 
 tiken before the Judge of any County Court, upon a reference^ 
 
 to Mm hy the Judge of the High Court for that purpose, 
 or upon an appointment granted by him in cases pending 
 jinsuch County Court, (t) 46 V. c. 18, s. 210. 
 
 If) The candidate is not restricted to purely personal expenses, but 
 U3v(if tliere is no intent thereby to iiifhicnec votes) hire rooms for 
 committees and meetings, and employ men to distril)uto cards and 
 placards, and perform similar services. East Toronto Ccine, 1 H. E. 
 f ;0. A candidate in good faith intended that his election should 
 1)6 conducted in accordance both with the letter and spirit of the 
 luff, and himself paid no money except for printing. Money, how- 
 efer, was given by friends of the candidate to <litterent persons for 
 (lection purposes, who kept no accounts or vouchers of what they 
 paid, The election, notwithstanding, was aiipi)orted. Jb, Under 
 the Ontttrio Election Act candidates are rc(piire«l to pay money tor 
 (lection purposes through an authorized agent, and to render detailed 
 wounts of the expenditure. See Rev. Stat. c. 9, s. 189, «/ ."ff/. It is 
 tlwaya more satisfactory, on an election inquiry to luive the cxpen- 
 Jituro shewn by proper vouchers. See remarks of Cliief Justice 
 Richards on The Enxt Toronto Casp, I H. K. C. 70, and The ires/ 
 Jomtii Cane, 1 H. E. C. 97. Where all the accounts and records of 
 ID electiou are intentionally destroyed by the respondent's agent, 
 iveiiif the case be stripped of all otlier circumstances, the strongest 
 conclusions will be drawn against the respondent, and every i)re- 
 ption will be made against the legality of the acts concealed by 
 1 couduct. South (Irey Cane, H. E. C. 32. Where a candidate 
 Ipots money into the hands of an agent, and exercises no supervision 
 Ijverthe way in which the agent is spending the money, but accred- 
 litsand trusts him and leaves him the power of spending the money, 
 
 Ihere is such an agency established as to render the candidate liable 
 
 othe fullest exten*^, not only for wh.at the agent may do but also 
 jDtwhat all the people that agent employs may <lo, although express 
 pstructions be given that none of the money should be improperly 
 
 pent. lb. 
 
 \(] The Judge whose duty it is to try an ordinary application in 
 the nature of a quo warranto ^ may inquire into the facts either by 
 idavit or by oral testimony. See sec. 197. The exception created 
 this section is, where "any question is raised as to whether 
 
164 
 
 Penalty on 
 oanilidatcii 
 Ktillty of 
 hrlb«'ry, eto 
 
 THE MUNICIPAL MANUAL. 
 
 [h. 213. M^m.] wiTNj 
 
 Penalty for 
 oSbiiee* 
 untifr H. 
 -JUO, 210 
 
 213. Any oandidato elected at a niuniuipul election, who 
 in fouiul guilty by the .Tiulge, upon a trial upon a writ ot 
 quo warranto, of any act of bribery, or of using uuduo iuUu- 
 enoe uh aforesaid, nIwiII forfeit his Heat, and Hiiall be iuitliirihi^ 
 ftH a candidiite at any municipal election for two yeurH tiiere 
 after, (m) 46 V. c. 18, «. 211. 
 
 214. Any jjorson who la adjudged guilty of any ollenc* 
 within the meaning of sections 20U or 210 of this Act, hIihH 
 incur a penalty of )B20, and shall be disqualiliod from votin;/ 
 at any municipal election or upon a by-law for tho next 
 succeeding two years, (v) 40 V. c. 18, s. 212. 
 
 or any votor hiiH been guilty of any violation of ' 
 or 'JIO of this Act;" in other wohIh, been uuiJtvot 
 
 tho candithito or 
 
 sections '209 or UlU or this Act; \\\ otner wonlH, been guilty of 
 bribery or umUie iniluencu within the moaning of those sectiuuH. la 
 8uch II case viva roce evidence alone can be used. Tlio rcaHon tu, 
 doubt is, that to eharge the candiilate or a voter under cither of the 
 acctionH mentioned, is to charge him with an oH'enee wliieh may Ixi 
 either a crime or in the nature of a crime (see sec. 213), nud that 
 it would bo contrary to all i)recedent to permit a person to b« tried 
 for a crime on what is called in tins section "atiidavit evidence." 
 
 (u) The consequences of being found guilty are two-fold : 
 
 1. Forfeiture of the seat. 
 
 2. Personal incapacity, for two years thereafter, to be a civndidatei 
 at a municipul election. 
 
 It is not said tiiat tliesc consequences sliall follow if there beil 
 bribery or undue iuHuenco by an agent, without the knowledge, orl 
 against the instructions of the candidate. It may l)e that iuBuchal 
 case the seat *will be lost to the candidate. !See note h tu 8, 209,L 
 But it is clear tluit a nnm cannot >. i guilty by his agent of an illegall 
 act, and be held personally respjusible, and be personally puuishedl 
 for that act, unless he has given the agent, authority, expreda oi| 
 implied, to do the illegal act. Tlie law of agency has certaiuly, in 
 such cases, been much extended by Committees of the House oa 
 Commons. But it is a clear proposition ')f law, that if acandidat( 
 employ an agent for a perfectly legal purpose, and that agent do i 
 illegal act, that act docs not ail'ect the principal personally (although 
 it may afiect his seat), unless a great deal more be shewn. It mm 
 be shewn that the principal directed the agent to do the act, o| 
 really meant he should so act. ^'o man who is an agent for a leg 
 purpose can make his principal criminally responsible for an illegal 
 act, unless the principal in some way authorized it. tSee per Lon 
 VVensleydale, in Cooper v. »S7afie, 6 H. L. Cos. 793. See further Anil 
 (jarvan VuKe, 2 P. R. & 1>. 324, and Loverincf v. Vamuti, L. R. 10( 
 P. 711. The learned Judge of the County of Sinicoe, in Booth\ 
 Sutherland, 10 U. C. L. J. N. S. 287, held that indirect bribery 
 bribery by agents, rendered the candidate ineligible for re-electioaj 
 
 (v) These penalties, it is presumed, will not follow unless the illeg 
 
M 
 
 WITNESSES AT ET.CCTION TRIALS. 
 
 165 
 
 216. Tlio penalties iinpoHed l>y the preceding section "•"^•.'V «' 
 u| 1)0 recovcn-able, with full coHts of Huit, by any pornon 
 „l,o sues for the Hamo in the Division Court luiving juris- 
 uiim where the otlence was coiiiinitted ; (w) and any per- 
 ^i,p ,,,riiinst whom judj^nieiit is rendered, Hhall h« ineligible, 
 pitlior iiH 'I e<'iididjito (>r a niuiiiiipal votrr, until the amount 
 chilli li« ''"'"^ been condemned to i)ay is fully paid and 
 latistied (.^)46 V. c. IS, 8. 2i;j. 
 
 216. I^ f^lxill '«* the duty of the Judj^e who findw any can- j'^JJ^'l^'Ji* '** 
 i'[n(p guilty of a contraveniion of seetioii 209 or 210 ofn-turn. 
 tlii>Ai't, or who condemns any perHon (>> pay any Hum in 
 
 jju pivisjon Court for any otl'nce within the meaning,' of 
 this Act, to I'eport the same forthwith to the clerk of the 
 Luiiicipiility whennn the otrem;e has been connnitted. (y) 
 l^eV.c. IH, 8. 214. 
 
 217. The clerk of every mnnicipnlity shall duly entqr in hooKow-"'' 
 L book, to he kept for that purpose, the names of all j)ersons •"»< "ainos of 
 
 witliin lii^ "'""'^''P'^"*'y "^'"* ''"'^''^ ''^'*'" ''i<li "''««'<• K">'ty ofgliiiTyof 
 aiiv oH'eiioc within the meaning,' of se(;tion 20!) or 210 of °'^'""^'"' •*'• 
 Ithis Act, and of which he has been notified l)y the Judge 
 who tried the case. (=) 40 V. c. IH, s. 215. 
 
 91 R Any witness shall be bound to attend before the ^'**"''*"** 
 
 Ijotlie shewn to ho that of the party soiiulit to he perBonaliy affected, 
 Irtlie act ot some person who was authorized by him to do it. See 
 
 Ithe last note. 
 
 (ip) As tho pecuniary penalty is only !!i>20, it is believed that the 
 Jivisioii Court would have had jurisdiotiou without thi.s provi.sioii ; 
 „,Mfjhvl/v. WithVfuld, 12 \].V. V. V. 411 ; hut it.s enactment 
 i«re, a8 i\w point was not entirely free from doubt, O'lMI/i/ q, t v. 
 
 ail, II U. ('. (I. B. 526, was proper. 
 
 I \t) The piiynient of the amount will not remove tho disability 
 ■here the ]iayuuMit is within two years of the conviction. Sec sec. 
 lU. 15ut tlic disability continues after the two years and until the 
 
 |i(igmcnt is satisfied. 
 
 I The ol)ject of this provision is< to prevent tho person disqualified 
 
 lom being plaied upon the voter.**' list. The clerk upon receipt of 
 
 report, should enter the lunne in a book to be kept for that 
 
 pose, and erase the name from the list of voters of the munici- 
 
 Jity. The former duty is imposed by the next section; the latter, 
 
 lis apprehended, is an implied duty. So far as tho returning 
 
 Irerat an election is concerned, the list is final. See sees. 102, 103. 
 
 It is presumed, for reasons given in the previous note, that the 
 Ink gbduld also erase the name from tho list of voters of the 
 
 nicipality. 
 
 
 'm 
 
 :' 
 
 ' < 
 
 ', 
 
 ? 
 
 • 1 
 
 1; 
 
 
 1 
 
 \\ ■ 
 
 
 5-' 
 
 . r* 
 
 1'' ' 
 
 r: 
 
 !l i 
 
 
166 THE MUNICIPAL MANUAL. Pg 21« 
 
 Judge of the County Court upon being served with the order 
 of the County Court Judge directing his attendance (a) anrf 
 upon payment of the necessary fees for his attendance (h\ 
 in the same manner as if he had been directed by a writ of 
 subpoena so to attend, and he may be punished for contemnt 
 and shall be liable to all the penalties for such non-attendancp 
 
 (a) The order should be intituled as of the proper Court and cause 
 mul may be directed to the witnesses by name, and after reciting the 1 
 power of the Judge to take evidence, might conclude as follows •-. ■ 
 
 You and each of you are hereby required to attend before me 1 
 
 at on the day of A. D., 18 — at the hour of ' 
 
 o'clock in the noon {or forthwith), to be examined as a witnesj 
 
 in the matter of the said Petition and to attend the said Court until 
 your examination shall have been completed. 
 
 As witness my hand. 
 
 (Signed) 
 
 Judge of the County Court, 
 
 This is the form of order in general use under the English Act of I 
 18G8, (or the trial of controverted elections. Under that Act, counsell 
 applied for an order for the attendance of one J. M. Ho stated tliatf 
 the process server had used every efl'ort to serve him with a sulpam} 
 but without effect, though there was reason to believe he wat^ inthei 
 house. The application was granted. Wdter/ord Case, 2 O'M. & H 3 I 
 In one case in proof by a witness that T. W. was keeping out of tht 
 way to avoid being served witii a subpauia, application was madey 
 an order for the attendance of his wife, who had not been sub 
 prenaed, but the judge (Martin, B.) said that he had no powerl 
 grant such an order unless the wife had been subpa-naed. Sorwid 
 Vasp, 1 O'M. & H. 8. Upon another witness (Mrs. H., who ha 
 been subpoenaed as a witness) being called and not answering, tl 
 same learned Judge is reported to have said, "I will make an ord 
 for lier to come. If witnesses will not come, 
 citely make an order for them to come." lb. In 
 counsel for the respondent stated that he would 
 attendance of a witness who nad been previously called by tl 
 petitioners, (the learned Judge, Fitzgerald, B.,) said, " You hi 
 bettir write a letter to M., and he must be brought back atti 
 respondent's expense." On the following day M. was called, bi 
 did not appear, and an order was granted for his attendam 
 Lon[il'urd Case, 2 O'M. & H. 12. Where it was shewn that one 
 the hands on a steamboat, then at the wharf in the town, wasj 
 material witness, an order was made for his attendance ; and ui 
 the captain of the boat refusing to allow him to be served ortocij 
 any information about him, an order was made for the attendance 
 the captain. South Ortnville Case, August, 1872, not reportd 
 this point. 
 
 urdej 
 
 I will imined 
 one case wheij 
 require tU 
 
 {h) When the witness, at the close of his examination, asked i 
 his expenses, the Judge (Wiiles, J.j allowed him his expenses asj 
 had been called by liiu self, but iutiniated that if any other witil 
 desired to be paid his expenses, he should make the demand be^ 
 he was sworn. 
 
 l«on aw immunity a^kifsl 
 l^ityou certain conditt 
 
 (J) If the witness has re 
 J tied to a certificate, ar 
 
 P he claimed the certific 
 
219.] WITNESSES AT ELECTION TRIALS. 167 
 
 the same manner as if he had been served with a sub- 
 
 ^„,. (c)46V. c. 18, s. 216. 
 
 1)19. No person shall be excused from answering auywitnoMeg 
 5(stion put to him in any action, or other proceeding in from answer- 
 gj,i.'ourt or before any Judge, touching or concerning *iiy '"^""dBof 
 Mm, or by-law, or the conduct of any person thereat, or self crimina- 
 jjreWion thereto, on the ground of any privilege, or onj^gg"'"'"'"' 
 jl,g oronnd that the answer to the question will tend to 
 criiiiiiw^s such person ; (d) but no answer given by any proyiso. 
 person claiming to be excused on the ground of privilege, or 
 on the ground that such answer will subject him to any 
 penalty under this Act, shall be used in any proceeding 
 under this Act, against such person, (e) if the Judge gives to 
 the witness a certificate that ho claimed the right to be 
 excused on either of the grounds aforesaid, and made full 
 and true answer, to the satisfaction of the Judge. (/*) 46 V. 
 c,18,s.217. • 
 
 (c) Qutere, ahoiilu the process for contempt be issued by the 
 jmljje presiding at the trial, or from the office of the court in which 
 the petition lias been tiled. Unless the former, there would be 
 great delay in enforcing the attendance of a witness ordered to 
 
 attend. 
 
 ((/) At common law, a witness is entitled to refuse to answer any 
 question that may tend to criminate him, not only because the an- 
 swer itself might be evidence ngainst hiiu, on a criminal charge, but 
 because it might furnish a link in the chain of testimony which might 
 implicate him in such charge. See Keith v. Lynch, 19 Grant 
 497; See further, Emery s Case, 9 Am. 22 ; Beg. v. RoMij, 41 U. C. 
 Q. B. 291. The object of this section is to infringe to a cf^rtain 
 extent, on these principles of the common law. Election Conmiitteea, 
 Juili^es, and Election Commissioners must make their inquiries 
 among persons who .are generally expected to be hostile and unwill- 
 ing to tell the truth, and who, if the common law were left 
 untouched, would be always entitled to say, " I will answer no such 
 ([ULstion." and so the inquiry would bo baffled. Therefore the 
 Legislature, has enacted that the tendency of the answer to expose 
 the witness to a oriniinal charge, shoald not, be any excuse for not 
 
 msweriiig the question. See per Blackburn, J., in Reij. v. Huline, 
 
 L R. J y. B. 383, 384. 
 
 [() The Legislature, having taken away from the witness the com- 
 Iffion law immunity against criminating himself, here gives him an im- 
 Imnityon certain conditions. Ji<g. v. Huline, L. K. 5 Q. B. 384. 
 
 (r) If the witness has really complied with the conditions he is 
 
 stitled to a certificate, and the Judge has no right to letuse it. 
 
 S';|. V. Price, 22 L. T. N. S. 12. The conditions are not only 
 
 he claimed the certificate, but "made fulUrt«</ true answer to 
 
 kmtkfaction of the Jiufj/e." The obligation intended to l)e thrown 
 
I^fli-: 
 
 Jlii' 
 
 : sr 
 
 ]68 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 220. 
 
 No statutory 
 penalty for 
 corrupt 
 practices at 
 elections, 
 wbere the 
 party 
 
 charged has 
 first prose- 
 cuted a party 
 jointlyliable. 
 
 ^'ti'ns*"*'"^ 220. All proceedings other than an application in the 
 nature of (juo warranto against any person for any violation 
 of section 209 or 210 of this Act, shall be commonced within 
 four weeks after the municipal election at which the offencp 
 is said to have been committed, or within four weeks aft^i' 
 the day of voting upon a by-law as aforesaid, (g) 46 V 
 c. 18, s. 218. 
 
 221. No pecuniary penalty or forfeiture imposed by this 
 Act or any other Act of the Legislature of Ontario, shall be 
 recoverable for any act of bribery or corrupt practice at mii 
 election, in case it appears that the person charged and 
 anotlier person or other persons were together guilty of the 
 act charged, either as giver and receiver, or as accomplicos 
 or otherwise, and that the person charged has previousU- 
 bona fide prosecuted such other person or persons or any of 
 Proviso. them for the said act ; but this provision shall not apply in 
 
 upon the person who is called as witness is, that he shall make full 
 and true answer to tho question put to him. If the evidence given 
 be false there is no proteotion, and the witness is undoubtedly lialile 
 to be prosecuted for perjury. See Reg. v. Brittle, L. K. 1 C. C. '24s, 
 A certificate in the following form : " We do hereby certify that I, 
 H. was sworn and examined upon oath before us as such commiHsion- 
 ers, and, upon such examination, was required by us to answer 
 questions the answers to which tended to criminate him, anl 
 answered all such (piestions ; but dive j of the said answers to \\k 
 said questions were unsatisfactory to us, and we believe were false, 
 . and false to the knowledge of him, the said J. H.," — is not such u 
 certificate as is required l)y the Act, and is no protection. Ihij. v. 
 llnlme, L. R, 5 Q. H. 3S6. A witness who has received a pardon 
 under the Groat .Seal is not privileged from answering questions ila 
 replies to which may cri'ninate him on the ground that actions fur 
 penalties, under the Corrupt Practices Prevention Act, are pemliii' 
 against him. Rl'U. v. KimjUrko, 22 L. T. N. S. 316. The certifiwite 
 only protects the witness from the efifect of his ow^n evidence an! 
 does not free him from the consequence of his own improper conduct. 
 
 (g) The time limited for a proceeding in the nature of a quo mn- 
 ranto is " six weeks after the election," or "one month aJ sr (he 
 acceptance of otHce " See sec. 188. This section is intended to I 
 apply to proceedings "other than an application in the nature oil 
 quo loarranto " against any person for any violation of the sectinni 
 mentioned. It is yjlain, therefore, that the mere fact of raisiiit' 
 charges under the sections mentioned, in a quo warranto proceediui'J 
 is no ground for shortening the ordinary time allowed for such a pro- 1 
 ceeding. But where the proceeding intended is either an action tora I 
 penalty, or an information or indictment for the crimmal otfeiue, [ 
 such proceeding must, in the case of an election, be taken "wilhi 
 four weeks after-tlie municipal election," or, in the case of votings 
 a by daw, " ?/;;7/n'/j £our we;, ks after tiie day of voting." As to com I 
 putation of time, see note h to sec. ! 85. ■ 
 
 I Nil. ii^ '■. 
 
169 
 
 S323.J ^^««T MEETINGS OP COUNCILS. 
 
 case the Judge before whom tho 
 
 thereof is charged, certifies thJTZfY''^'''^ ^^^ ^«nefit 
 that the person so charged took Mt I^^ 'Pi'^^^s to him 
 conm.sion of the offenc! cha'^e.! ind S f ^P *'^--ds the 
 m fact the principal ofiender. "46 V . «* '""'^ P«'««" ^ras 
 
 22ii. The clerk of every m,„ • • ,- 
 election, or voting on an^ "^ ^Pftlt^-". P^or to anvCop..... 
 turmng oliicer v/ith at least twn ^ '• *"""«^ every deputv-r/ n"'-^^^ to bo 
 Act„un.bered from 20^^ ^^ ^^^^^^ ^eo^oJ:^'J^-pV:^^^ 
 dnty of the deputy-returning officer !,' Til '' '^^" '^« *h« 
 spicuous places at the Hlin| place Lth^"'^'^.^" '"'"^ ^^ con- 
 ^.^.h he . deputy-retif^i^^t^: Hlu^su^ 
 
 PART IV 
 MEETINGS OP MUNICIPAL 
 
 COUNCILS. 
 
 "»: li'-SafoVKSr- 
 
 ^^v- I— Whe.v 
 
 '^'UWUEREHELD. 
 
 223. The members of everv ». • • < 
 county councils) shall hold rhl; "^'"""'P^^ ^<^"»cil (excent 
 oolock in the forenoon, ) 1 tt ".r^'f .r^^^^'fe' at elevl ^-•- ..,, 
 
 I January n Avhich th^v , , *^"^'f^ J^Iondav of fLo '"^""^ 
 
 l8ffpr-/'\ "^'t«ey are e ected or ^ "'^-^^ ^^ tlie same councils. 
 a^ter, 0) and tne members of ever, ^"^ ^% there- 
 
 hi^TT-T— 7- ^^^rycounty council shall 
 
 I ("J Ine object of fl.Jo • . — 
 
 («; ine object of this nrn • -^ " 
 
 i (./) The members of th^ fv 
 
 i -i-i * *^ '« '" ^f^^"i ami Orillia 
 
 » 
 
170 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 223. 
 
 hold their first meeting at two o'clock in the afternoon, or 
 some hour thereafter, (k) on the fourth Tuesday of the same 
 month, or on some day thereafter, (l) 46 V. c. 18, s. 221. 
 
 So^ededar- 224. No business shall be proceeded with at the first 
 aiions of meeting of the council, until the declarations of office and 
 qualification have been administered to all the members who 
 present themselves to take the same, (vi) 46 V. c. 18, s. 222. 
 
 Election by 225. The members elect of every county council, being at 
 <!iiofa least a majority of the whole number of the council when 
 warden. £^j|^ ^^^^ shall at their first meeting after the yearly elections 
 
 office, etc. 
 
 36 U. C. Q. B. 159. But if the meeting be held on a subsequent day, 
 it would appear to be only reasonable, in order to prevent surprise 
 that notice should be given of the subsequent day. licw v. J^ker- 
 pool, 2 \iurr. 731; Hex v. DoncaHler, lb. 743; Bex v. Theodorid,^ 
 East 543 ; Rex v. May, 5 Burr. 2682 ; Rex v. GrUnex, /J, 
 2601 ; Afiisgrave v. Nevinson, 1 Str. 5S4 ; Kynaaton v. Sfircwuliiirii 
 2 Str. 1051 ; Rex v. IJill, 4 B. & 0. 441 ; Smyth v. Darlci/, 2 H. t! 
 Cas. 789 ; see further, Rex v. FaverKham, 8 T. R. 352 ; Rex v. lAoif 
 horn, 4 A. & E. 538. Where two members of a village council, Ijeiiw I 
 a minority of the whole number when full, met, but, in the aliaence | 
 of the three remaining members, were unal)le to proceed to business 
 and on a subsequent day the remaining tliree members without notice I 
 to the two members met and elected one of themselves to be reeve 
 the election, in the absence of proof of want of bona files, was main- 
 tained. Reg. ex rel. Hyde v. Bc^-nharl, 7 U. C. L. J. 126. 
 
 (k) See note % to this section. 
 
 {I) See note j to this section. 
 
 (m) It is apprehended that before appointing a presiding otiicerJ 
 when necessary to do so, the members ought to take the necessarrl 
 declarations. Such an election would, it is believed, bo divn 
 " business " within the meaning of this section. The members lifil 
 county council, " after making the declarations of office and (jualiiical 
 tion when required to be taken," organize themselves as a councilbjl 
 electing a warden. See notes to sec. 225. 
 
 (n) Thus, assuming the whole numVier of members of the cnuncij 
 to be twelve, there must be seven present to constitute a (jiioium 
 Reg. ex rel Evans \. Slarraft, 7 U. C. C. P. 487. So that an oiectioi 
 by six in such a case, though un.animous would be void. .See Lm 
 woody. Mechanics' A ational Bank, II Am. 253. Acts done witli 1 
 than a legal quv^rum are generally void. Rex v. Bellriiuji'r, i T 
 810 ; Rex v. Miller, (i T. R. 268 ; Retf. ex rel. Evam v. Starmd 
 U. C. C. P. 487 , see also Pn"ce \. R.^. Co., 13Ind. 58 ; /V/y/».w,iJ 
 Crittendi^n, 1 Eng. (Ark.) 479; Loganxporl v. Legg, 20 Intl. 3lo| 
 McCrach'Hv. San Francisco, 16Cal. 591 ; Pietncntalv. Sun Fmntm 
 21 Cal. 351. But in one case the Court, in the exercise of its( 
 <;reti(>n, refused to quash a by-law upon proof that a quorum waso 
 present at the time of its passing. Sutherland v. East Slmmi\ 
 
•s. 225.] 
 
 ELECTION OF WARDEN. 
 
 and after making the declarations of nffi 
 U. C. Q. B. 626. 
 
 171 
 
 ^.L> Mich 287. Q"*rer;=;e"sev'If'-''*" ^^^'d'jacj^on i'T 
 
 the auon.„. is all ^hfe^iV^^ ^r«- -^JtS t^^Kf^f 
 vote against a man elect him to office 5f '.'r* ^^ ^'-^^^ ^^at S Se who 
 fcmr for him, and the latter be suS' }{^^^^^ ^'ote against K .a 
 wlieii seven are present, when an ^i^."*' ^'^ ^^"1^ be elected 1 If ""* 
 present, would not be s iffiSSf ^f *'°" ^V ««. when silnnl °"'' 
 a man to the position of warden /^\q»e8tion is whether fn^.-*.^^ 
 in other words, be electe^hr ' ^® ^^""1^ not ZTJ^^t' ^''.^"title 
 lieading this section fnclZ' /" "'*J°"ty of the co nLif ' T""^' °f. 
 a nuijoiiiy of the (rnorum i ifiu" ^'*^ «ec. 227 [t « .? i"^^'^" ^»"- 
 /'aW.a a,./yacCT«^' ^"^i^^'J^ ^^^oe.,,^ry\ See Sr'",?^<= 
 mvt.v, 7 Cow. (N. Y ) 4i)2 .* « ',? '^'*'h- 287 ; see also T '"''''^^ "■ 
 
 inVis.470. A mSv"o?'lV°''"«- (^^l/s^^^^ ^«* ' 
 
 i„nJo <■!,„ i .. -' '"y "' "lose nrpao«<- ...I .' ^"^"'^y- (ileason 
 
 . I No reeve or deoutv ^ '/•'*• ^-^^ 104. 
 
 he has filed with i?&:rtl'' ""T^^* "*o t'^ke his seat" , .-, 
 
 fltrk of the local council nni "'"1 .'^"""ty council a cer/ffi ! ?"*^^ 
 
 , "• 'Iqnity reeve w i A.'i ''i'''' "»« corporate seal ''f/*'^^''''*^ of the 
 
 |t leas a major^Jv S l?""' .'"?»'^«r« "^ ^vin' t' o' ^^i '^'^°d. 
 [.et, and at thfftsi m :t.wt .""?^- ^^^ '^-SnS'wtn '?'?.« 
 teve was put and seconded In /*'««^»t'on, naming o,Te oT Vl ""' 
 Ihe clerk, in the hearZ 'f I'l. T* "'^ •^•««e»t exnressr.l ^. *"" ^ 
 
 fnt -liaseiit from an election .'^" i'"''^-'"''"^^ «f ^ e ne,;V ("'''■"^' 
 
 /^\ 
 
t !; J 
 
 .» } 
 
 
 i mm I 
 
 S)' i< 1 
 
 
 If 2 
 
 172 THE MUNICIPAL MANUAL. [s. 225. 
 
 council by electing one of tliemselves to be warden, (p) 40 
 V. c. 18, s. 223. 
 
 preSdB°at 226. At every such election the clerk of tl»e council shall 
 election. preside, and if tliere is no clerk, the members present sl)all 
 select one of themselves to preside, and the person selected 
 may vote as a member, (q) 46 V. c 18, s. 224. 
 
 thelu£^ 227. Jn case of an equality of votes on the election of tlie 
 ToteB ill the liead of any county council, or provisional county council 
 equality of thcB of those present, the reeve, or in his absence the deputy, 
 voten. reeve of the municipality which for the preceding year had 
 
 tlie greatest equalized assessment, shall have a second aiul 
 
 casting vote, (r) 50 V. c. 29, s. 7. 
 
 1 Str. 52 ; Oldhiow v. WaiuwrUjht, 2 Burr. 1017. S. C. 1 W. Bl. 229. 
 They are taken to assent by not properly dissenting. If a majority 
 of the whole council, when full, be present and vote, it is ot no 
 conse(jnence whetlier the minority were notified or not. lic<i. ex rel 
 Hj/de v. Jiarnfiart, 7 U. C. L. J. 126, even though the election take 
 ])lace at a meeting subsequent to the day fixed by the statute for tiie 
 , holding of the election. Jh. 
 
 {p) What is meant by organizing themselves as a council by elect- 
 ing one of themselves to bcAvarden? The council is a l)0(ly ; tiic 
 warden is the head thereof. To organize, in such a case, must 
 mean so to bring the parts together as to constitute a body, and this 
 organization is perfected when the hejid is constituted. But unless 
 the parts come together there can be no such organization. If tlie 
 members refuse to take their seats, or act as members of the council 
 members refusing cannot be said to organize themselves. But nuiii- 
 bers not desirous of being counted as of the quorum ought to absent! 
 themselves. So long as ])resent, although for the purpose of pnitestf 
 ing that they should not be counted, tliey may be counted as of thel 
 quorum, i^ae Hcij. ex rcl. Ito.ie v. Beach, argued before Mr. Dalton,! 
 May 8th, 1873, atKrmed by Gwyime, J. It is believed that a inemlierl 
 de facto elected waiden, is entitled to hold the olKce until renuivedf 
 by proper process of a proper Court. See Wandsworth and I'liimk 
 Gas Lh/ht and Cuke Co. v. Wrujht 22 L. T. N. S. 404 ;Se/ 
 also Citizens Mutual Fire Insurance Co. v. Sortwell, 8 Allan, (MassJ 
 217. 
 
 (7) There must be a meeting, at which the clerk is to preside. Sei 
 Small ex rel. Walker v. Bitija.; 4 U. C. Q. B. 497. When the nieiij 
 bers have met for the purjjose of electing a warden, the clerk of 
 council is to preside at the meeting. If there be no clerk, tl^ 
 members present are enabled to elect one of themselves to presidj 
 Such member may, however, vote, but not have a casting vote iinle 
 he happen to be the reeve or deputy-reeve of the municipality uiii^ 
 for the preceding year had the greatest equalized assessment, 
 flee. 227. 
 
 (r) See note j to sec. 157. 
 
230.] 
 
 "--IXOS OP COU.TV COUNCILS. 
 
 173 
 
 228. The members of 
 
 eir first meeting at ih^ ^^^^^ county council slioij i, u 
 
 '.erwise at the founf.tl.??."?*^ i^«" if there if ^.^^'^^.^^/I'-'-r fl.t 
 
 r-'i '''f It-' 
 
 their first meeting at tho ^^^^^ county council slinU i, u 
 
 otherwise at the fountv n '7?*^ ^^«" ^^ there is j ''^^^ "'- "^ 
 __^^ « county court house. (^) 46^ ^^ ®"e, or'neeth.g. 
 
 229. The subsequenf r»« .. • 
 alJ the meetings of evein.^!? "^^ °^ *^^e county conn.n . 
 place, either within r:^tt^^^^^^^^^ ^e h^eT \S ^5 »/ - 
 
 cil from time to time hv , "^""^cipalitv as f h« « "'««"«« of 
 -■■.^ on «,e ™-„ -; o'?',;!,^-^ irf ™i«^ r^- ""3,. 
 c, 10, s. ^j/, -f J Jaw, appoints. (<) 45 V 
 
 230. Tiie council of anv 
 
 »r, town or incorporated v^lwl T™"*^ «""" sS '""'' 
 1 hold suel, real, property therein^' *"'' '""y Parehase and 
 
 letfl 
 
 I (4) The object of statinc / ~ 
 
 I is to prevent surprisf. §/'"<^« as well as </?»/> nf +i ^T 
 
 ings, as to time and place 1 "°^« '« ««« S Sut^''* '"^^t^'^g 
 hee. 22ft P'*°®' "^ay be regulate/Kf; „,,^"''^^q»ent meet- 
 
 1"' ^"^ "wjcou 01 sta 
 is to prevent surnrisf ««' " "" '^e" as ump nt *i .2 
 "■--astotime and placed' "°^^ '« ««« S Sut^''* '"^^^^"i 
 22a P^ace, may be regulated by adin.^ "^"^"^ '»«''* 
 
 /„ rn, , . -^ adjournments. See 
 
 (0 The object of thi« »„ *• 
 
 couiicil, to sit in a citi or f " "'''"^^ «eem to b« f. u, 
 )uutywhen thrpripr "^^ *^^* has been L.^T^^ * «o»«ty 
 (are owned by ^the """""^^ buildings a " 't^?*^'^ ^""^ the 
 U' council," ^8 iroad'''""*^- B«t^ the t?*' *^'«'-«'" and 
 council holding sitting 1 T"^fa *« admit if^"*^' "^^^'T 
 Tie section hat not ySbir^T *h*° Sn th/"^ "lunicipal 
 ^atobe held .<at su'h ^^cJ ''r"^ '-^4rZet SZ^^^T'^- 
 \me. hy rcioludon on adimw ' **'•' aa the couno.l t '"^etings 
 ^^¥law, appoints. iF 3" nn"^' *« he entered "ntL'^ *""^ *° 
 iieeting would be by bv k^PP'''?^''d«d that an esLlS .'"'""tea, or 
 vJaH', the place ma7 ^' ^"'^ *hat, in the Ik ''^^^^^ Place of 
 H"tiononadjourSS If If-^l!-'"'^^^! for the nff °^ *"y «»ch 
 f passing a by-law «;*\T^'^h time there wniti^.''* ineeting bv 
 
 •LfiLg a^Xanen?*\^ '^^^^'"g. t^^^^ 
 UdateachrdjoTrSn?"'=«'^a resoS^^^^^ either I 
 
 ,,„.., -^ "'" "«« Lincoln, 24 U 
 
 I' Municinal nn^T.^ x- » -'t u. 
 
 (i) Municipal corporaHo.,o 
 
 iud .. be inforcetaOn^f ■''•«' 0">"' ^ Anil, ''"' §'»""« 
 
174 
 
 THE MUNICIPAL MANUAL. 
 
 [b. 231. 
 
 ill 
 
 
 } 
 
 Kamunera- 231. The council of every township and county may m^= 
 
 ciiiornand by-law8 for paying the members of the council for their 
 
 menHmUed. attendance in council, or any member while attending on 
 
 committee of the council, at a rate not exceeding $3 per 
 
 diem, and live cents per mile necessarily travelled (to and 
 
 from) for such attendance, (w) 46 V. c. 18, s. 229. 
 
 purchase and hold such real property as may be convenient for tht 
 purposes mentioned. See Ketvhum v. Bvffalo, 14 N. if. 35G. ,See 
 Dillon on Municipal Corporations, 3rd ed. s. 560, et seq. Ijut the 
 right to hold is not one that can ordinarily arise as between 
 vendor and vendee. See Becher v. Woods, 16 U. C. C. P. 29- 
 Belleville v. Judd, Ih. 397 ; Or/ord v. Bailey, 12 Grant %l 
 Where the town council of a borough contracted to purchase 
 
 f)roperty held under a sub-lease of a portion of lands comprised in a 
 ease of land demised by the owner of the fee and which were timj 
 subject to a rent in addition to the rent reserved in the sub-lease 
 and to the covenants and conditions in the original lease it was held i 
 that it would be a breach of trust to purchase lands, the interest in 
 which might be lost by default of otners. Mulholland. v. Belj\iM g 
 Ir. Ch. Rep. 292. 
 
 {iv) A by-law directing payment of($30 to each councillor, " being! 
 $20 for services as councillor, and $10 for services for letting ami 
 superintending repairs of roads," is bad. In re Blaikie and HawiHhn 
 25 U. C Q. B. 469. Over payments may be recovered back hythel 
 municipality. St. Vincent v. Orier, 13 Grant 173. The council isj 
 not to be confounded with tho corporation. It is the governing hodvf 
 acting on behalf of the corporation for the particular year. It ij'l 
 moreover, a fluctuating body ; the council for one year not bein;j 
 identical with the coun(Ml for another year, and not to be so lookell 
 upon even though it should happen to be composed of the saniel 
 persons. Per Robinson, C. J., in East Nissnuri v. Horseman, 
 U. C Q. B. 583. The members of the council are not the corporaJ 
 tion, but the agents of the corporation for the affairs and funds of tliJ 
 corporation. VV hen these agents are proved to misappropriate tlj 
 funds of the corporation, an action will lie against them to recove 
 it back, and when that misappropriation is mixed up witii whal 
 may have been rightfully paici, it ia but right, in order to operatj 
 as a safeguard to the corporation, to cast the burthen of proof oi 
 thv. agent, to separate from the appropriation he has received tli{ 
 portion which he would be legally entitled to take. Per Bur 
 J., lb. 588 ; Btakie v. Staples, 13 Grant 67. And it would be wd 
 for those who take part in the illegal appropriation of publj 
 moneys to reflect that there is not on" ; a civil but a criminal reniedi 
 Per Robinson, C. J., in Daniels v. Burford, 10 U. C. Q. B. 
 See further, Baxter v. Kerr, 23 Grant 367. The law attaches tl 
 liability of trustees to mimicipal councillors, Morrozo v. Connor, \ 
 P. R. 423. The treasurer should not pay money on any or evej 
 draft and order which the reeve for the time being may direct 
 to pay. The township moneys will probably be considered as stillj 
 his hands, unless paid out on a proper legal authority, for purpoj 
 contempla,ted and authorized by law, at least until he has receivej 
 formal acquittance and discharge from the municipality. 
 
 ler 
 
 i-c) The office of m 
 
 onsible position, and' 
 
 ibnoiis and unavoidaJ 
 
 I erefore, that some n 
 
 If 8 person holdintr -■ 
 
 »o<rerto.nake8uclfa' 
 
 ow conferred on the 
 
 Itlier remuneration "aJ 
 
 otbe.,iadeiatlieaha, 
 
 fars previous to the ,• 
 
 hnm,//, 31 U. C O 
 
 Hiemled, bemade 
 e future. 7J. ^he ^ 
 toded to the head of 
 
s. 233,] 
 
 ORDIXARV MEETINGS OP OOUXCILS. 
 
 m. Tho head of the council of „ 
 or .noorporated village „my be paid ^L^'"*^' '^*^' ^^^n «em«„er.. 
 other remuneration as the onnrT -i i f "*^" annual sum or ""'* "' 
 determine. (.) 46 V. c Is" 23O '^^ "^""i-Palitym; '"""'' ''^ 
 
 175 
 
 1*. 'Ii' ' i l< 
 
 Dmsxo.ii_Coxo.oxo.B.s:.,,,. 
 
 -Sfec. 233. 
 
 <?n/m«?'y wee<%s to he open tn ,^.hT 
 Quorum. Sees. 234, 235 ^"^ P^^^^^- 
 Whotoprtdde. fe."236 930 ojn 
 Special meetings. Sees. 23G o^R 
 PremUng officers may vote, "sec'^i^ 
 
 £<P'-^^^i!/ of votes negatives one JL \ 
 
 Power to adjourn. Sec.2i2. '^'ec. 241. 
 
 233. Every council shall hold it. . 7- 
 openly and no person shall be excluded . '"'7 meetings Ord.nar,- 
 conduct, but the head or oth^rnK • ^''^'^P* ^^r i m pro ner ;""«""»« 
 
 .vpol and exclude from anfmeetln?? '' '''' councS Z?^ "^^"• 
 
 \-r—~- y^^^^^S^y person who has 
 
 mmun V. Horseman 9 U. C C ^~^^ ^~ — ^— 
 
 Islioul.l he pay money on an ilh^^ni J ^^^' ^«'' £>raner v7^r~ 
 
 IParhament should be rp„„ i^*^^ ^'''^®'' or resolutin,. f '^\ ^o^' 
 
 the resolution oc bv law f ^^ ^'"^ ^« ^ hShcr anH." ''•'I '^'' °^ 
 
 0, B. 481. And iF n +.,^ '^•» ^^^ -Daniels v /?.,>^ . •'l '''' of 
 
 hRobin'son. C J 'i„\n'';^Wy «"bject to^ c ^n^ ^^ "'"^^^r ^' 
 
 i;but not now-'liiSi/ralvZr "^ ^^---'^iVrc'o'S-' 
 11m m .accordance with n l», i^ *''*'"" at avv for mn»^' V; 1^- 
 
 W The office of mavor \<t ' ' ' 
 
 F^^Xe p5^^^,hf £ -c^t S -^ p^ 
 
 hrto -nakeTuch ;"rn. -P*''^*'^"- before J873 %r'"""'"^*'«» 
 L conferred on the^'^^ir-l' -^^^ "«*« « S sec 278 ^^ ^^^ "° 
 Iterremuneration'' !.u ""*^'' '« to pay " sS ^ he power 
 
 U previous to theT.t • * ^'f "'^^ ^«r ^ervTces"; Jj^^«, ^f-"* «^«"ld 
 
 KgS to 
 
 ■ . ■' '-^1 
 

 ! 
 
 176 
 
 «4auruB. 
 
 THE MUNICIPAL MANUAL. [g. O33 
 
 been guilty of improper conduct at such meeting, (a) 4G V 
 c. 18, 8. 231. 
 
 234. A majority of the whole number of memborH rcfiuiied 
 by law to constitute the council hIiuU be uecesaary to form 1 
 quorum. (6) 46 V. c. 18, s. 232. 
 
 o"fl"e"«>r"e 235. When a council consists of only five members, the 
 mudtooncur concurrent vote of at least three shall bo necessary to i^am 
 any resolution or other measure, (c) 4G V. c. 18, s. 23,'J. 
 
 The head* of 236. — tl) The head of every council shall preside at tli« 
 
 uounclld to . ^„' •! / j\ 1 1. X- 
 
 presidB. meetings 01 council, (</) and may at any time summon a special 
 meeting thereof, and it shall be his duty to summon a special 
 
 Special meeting whenever requested in writing by n majority of the 
 members of the council, (e) 46 V. c. 18, s. 234. 
 
 mevtiugfi. 
 
 (a) It is one of the essential (lualitics of a Court of Justice, that 
 its proceedings be public, and all parties who may be duairdus of 
 hearing what ia going on, if there be room in tlie plaoo for that 
 purpose, provided they do not interrupt the proceedings, (ind pru. 
 vided there be no other kind of improper conduct, have a rijL,'lit to 
 be present and hoar what is going on. Per Mayley, J. , in Dnhmij v. 
 Cooper, 10 li. & C. 240. This rule is to its fullest extent to be 
 applied to ordinary meetings of every municipal council. 
 
 (ft) See note n to see. £25. 
 
 (c) Wliere there were four councillors present at the passing of a 
 by-law, the reeve put the motion, two of the council (It'L'lareJ 
 themselves in favour of it, and the third made no ol>jecti(iii, the 
 Court refused to quash the by-law. In re Mallow/h and Aahjul,!, i] 
 U. C. C. P. 158. Where four out of the five members of a vilLu-e 
 council were shareholders in a trading company to wliicli the immi. j 
 cipality granted a bonus, the by-law was set aside. In re liaird amU 
 Almonte. 41 U. C. Q. B. 415. See also lie Vaahon and Corporation of] 
 East Haw.ikebury, 30 U. C. C. P. 194 ; Hewiaon v. Pembroke, li (j 
 R. 170, 177. 
 
 (d) It is not only the right but the duty of the head of tlie couiicill 
 to preside at iti meetings. In the event of the riglit being (lenieil,! 
 legal proceedings may be instituted to enforce it. See /.'ex v.| 
 Williams, 1 Burr. 402; Commonwealth v. Arrison, 15 Serg. & Rawli 
 (Pa.) 130. But the question cannot in general be doterniineilasa 
 collateral inquiry in an existing suit. See Dillon on municipal corJ 
 porations, 3rd Ed., s. 272. If the head of the council refuse to put a 
 motion which it is his duty to put, he may be voted out of the chairj 
 In re Preston and The Township of Manvers, 21 U. C. Q. K. 6'2(); 
 the members may vote on the motion without it being put from thj 
 chair. Brock v. Toronto and Nipissing H. \V, Co., 17 Grant. 425. 
 
 (e) It is in his discretion at any time to summon a special nieetiiigj 
 but when requested in writing to do bo by a majority of the iiieinj 
 bers of the council, it is obligatory upon him to do as rcquesteil 
 
 m Se'.!note t tos. 229. 
 
^239.] ADSENCE OP HEAD OP THE COUNCIL. 177 
 
 a) III tlie absence or d(»ath of the niuyor or head of the H'lmiumiing 
 council) H special meeting may 1)6 suininoned at any time by iii.'«tinKHin 
 tlie clerk upon a special recjuisition to hiui, signed by u ",*,„7i^^or, 
 umjoiity of the members of the council. 47 V. c. 32, s. 6. •'«'• 
 
 237. Ill cf^'So there is no by-law of a council fixing the sp^-ci*! 
 pliioe of meeting, any special meeting of the council shall be where"to be 
 liekl at the place where the then last meeting of the council •'•'''*■ 
 ffiislield, (/) and a special meeting may be open or closed >'ay ),« 
 
 I iis in the opinion of the council, expressed by resolution in i' "•>«'' open 
 dtiiig, the public interest requires, (y) 46 V. o. 18, s. 
 235. 
 
 238. In case of the death or absence of the head of a ^^•i®" '««»• 
 I town council, the reeve, and in case oi the absence or death reeve to 
 
 of botli of them, the deputy-reeve, and in case of the death i""**'''" 
 ,ir absence of the head of a village or township council, the 
 deputy-reeve shall preside at the meetings of the council, 
 land niay »t any time summon a special meeting thereof ; but 
 lit' there be more than one deputy-i-eevo, the council shall 
 jdeteiinine which of them shall preside at their meeting. (A) 
 |j5V. c. 18, s. 236. 
 
 239. In the absence of the head of the council, and in the Absence of 
 toseof a town, village or township, in the absence also of proTided"for 
 lilie. reeve, if tliere be one, and also of the (loj)uty-reeve or 
 Ijeputy-rcevea, if there be one or more, by leave of the 
 
 louncil, or from illness, the council may, from among the 
 members thereof, appoint a presiding officer, who, during 
 
 1 the members entitled to be present at a special meeting should 
 b notified to attend, and, if practicable, notified also of the purpose 
 girwhich the meeting is called. Smyth v. Darlty, '2 H. L. Gas. 789 ; 
 n\ia Ex partu Roijers, 7 (Jow. 526; People v. Bafchelor, 22 N. Y. 
 DowiiiiKj V. Jtugar, 21 ^Vend. (N. Y.) 178. The omission to 
 iitii'y a member entitled to bo present may be held to invalidate all 
 itiieeJings at such meeting, /h., and where the purposf is specified 
 ^tle notice, there is in general no power to transact bi. uiiess beside 
 ich purpose. Bex v. Liverpool, 2 Burr. 7.35 ; Hex v. Carlide, 1 Str. 
 i; Machell v. Nevinaon, 2 Ld. Rayd. 1355 ; Be"(jen v. Clarkson, 1 
 Ist. (-N". J.) 352 ; see further, notey to sec. 223. 
 
 \\j] Sejnote t tos. 229. 
 
 I Ordinary meetings of the council are to be open to the public, 
 233, but power is given to the council under this section to have 
 Y^'fc'wl meetings in private when in the opinion of the council 
 [pressed by resolution in writing the public interest requires it. 
 
 I See note d to s. 236. 
 
 23 
 
178 
 
 OaKUkl 
 abnonee pro- 
 TtdoU for. 
 
 TIIK M'"'rOIPAL MANUAL. 
 
 [«. 2;{9. 
 
 I wdmfi 
 
 h 
 
 Head !»«> 
 Tote, 
 
 QuoHtion 
 negatlTod In 
 etutnn of uquH- 
 lity of vutcH. 
 
 Acljourn- 
 lueni. 
 
 such ahsenco, hIuiU havo all tlio powers of tho liead of tii« 
 council, (i) 4(i V. c. 18, s. 2.37. 
 
 240. ?f tho porson who ou^hfc to preside at any mecititif; 
 (j) f^^^C' not attend within fit'teen ininutoH after thn Ikh,,. 
 appoi.itod, tho monilxTH prestMit may appoint a ohairiiuui 
 troll. anjon,ii;st themselves, and such chairman shall have the 
 same .luthority in presiding at tho meeting as the nhMciit I 
 person would have had if present, (k) 46 V. e. IM, b. '2']x 
 
 241. Th(5 head of tho council, or tho presiding ofliccmrl 
 chairman of any meeting of any council, may vote with the 
 other momhors on all (piestions, (/) and any question on wliidi 
 there is an eipiality of votes shall be deemed to be negatived 
 (m) 46 V. c. 18, s. 2.39. 
 
 242. Everv council may adjourn its meetings from tine] 
 to time. {o)4G V. c. 18, s. 240. 
 
 til 
 
 I 
 
 vli 
 
 II 
 
 It; 
 
 4.%,. 
 
 
 1 
 
 * I 
 
 1 *:■ ,f 
 
 $-i 
 
 ' ..I 
 
 I i' \i 
 
 h i 
 
 {») If any of tho otfiuors niontionod in tho preceding section ha[j|)eii| 
 to be prt'soiit .at a niuutiiig, each Hiich officer is, according t,, tli.l 
 order mentioned, entitli'd to pn-Hido and bound to do ho. lintiji 
 none of tlio officers named ))c prcaent, a preHiding officer may \A 
 elected from among tho mcnibers to act during tho absence of tiJ 
 otlicor named. Tlio section coutemplatea a)>i)onco by leave or illiiHil 
 In such case a pn-^'UiKj olh'rt'r (commonly called the president of tktl 
 council) is appointod. The next section contemplates alwenne froJ 
 cmly one meeting when a rkaintifta for that meeting ov u;>if tiil 
 arrival of tho proper presiding officer is to bo appointed. 
 
 ij) This may mean tho head of tho council, or, in his absence, om 
 of the officers named in sees. 238, 239. Soo preceding note. 
 
 {k) This part of the section is silent as to tho duration of tlJ 
 authority. But it is apprehended that tho authority would inima 
 tho presence of the officer " who ought to preside." 
 
 (I) Tho general import of the words used deserves attention. 
 parently no (juestion can come before tho council or meetiriL', o 
 which the pre3i<ling officer or chairman is disentitled to vote. Tha 
 la no exception of any kind in the enactment. The right to vote j 
 given " on (i/^ (juestions." Its exercise on any particular (jiiestHr 
 
 Eerhaps affecting tho conduct of the presiding officer or chairiii 
 iraself, is left entirely in hia own discretion. 
 
 (wi) An exception to this rule, recognized in the Act, is thiitwlii 
 allows a casting vote in tho election of the head of a county cniini 
 See sec. 227. Another is where united counties make provisionij 
 improvements in one of the counties separately. Sec. 516. 
 
 (o) Adjourned meetings are generally held for the purpose of o 
 pleting tho unfinished business of a preceding meeting. It is all 
 able, therefore, in the case of an ordinary adjournment, to tn 
 any business that might have been lawfully transacted at i 
 
 Pi 
 
 receding meetini; 
 
 ppoHunity to do 
 ^>'-a,it, 3 H. L. ( 
 ^ {tO''i" V. Bad- 
 
 '('■), It is said th 
 M';""t sucJi office 
 ^iliii'rs Co. V. J 
 ^' V. liarnnr-l. ( 
 "i« appointnien: 
 1. nnd so the hm 
 •rcsed. Seo//o 
 Wman, 2 /j„tcj, 
 
 ^ms differences 
 t'on and subordin 
 V- Q- B. 3 J 4. I 
 pre necessary for 
 f/ff^etthepfow' 
 Corporation. Sec 
 
 P ^erience has 
 'T^siWityin 
 
 e' are only nomin 
 
 B 
 
244.J 
 
 "KADH AFCOUNCIM. 
 
 PART V. 
 
 OFFIC'KK.s OF MlJlvrrn.Ar ,.^ 
 
 l^J^KJl-AL COUroRATlONS. 
 
 179 
 
 Drv 
 D'v 
 Div. 
 
 I.— TifK Hkak. 
 If. TmkCi.kuk. 
 
 ni. -Thk THKA.sr/HER. 
 
 DlV. i V. — ASSF.SMOIIH AM) f<,^, , „ 
 
 /)/v. V. — AirniTiiiiu ,K,.. A '^•^"'i.s. 
 
 I)/v 
 /)iv. 
 
 V.-Ai„)r,„„s AND Audit. 
 
 iM.. Vl, — Valuatohh . 
 
 Div. Vir.-I),jTiK.soKOmrpn« „. 
 
 Drv Virr . "'''"^^- «'^'*"««^'''« Oaths .,n DKotAH. 
 
 DlVLSION I._T„K Hkad. 
 
 l^'^'o to be. Sec. 243 
 Unties. Sec. 244, 
 243. The head of every con,,*., i , 
 
 lion shall be the wnrden thererLr.^V''"'''''*''''^"'^' corpora- Who to bo 
 
 reeediirif meet iii.' h„t wk;,,,; __ "^ wuncji. 
 
 '■^""■•'' ^-•i>: 4iJ."'53«f i;; t^-;;;^ <v... i Mod. 23-; 
 
 
180 
 
 THE MUytOIPAl MANUAL. 
 
 [a 241. 
 
 vigilant and active at all times in causing the law for the 
 government of the municipality to be duly executed and put 
 in force ; to inspect the conduct of all subordinate officerj I 
 in tlie government thereof, >md, as far as may be in his power 
 to cause all negligence, carelessness and positive violation of ' 
 duty, to be duly prosecated and punished, and tc coniinuni 
 cate from time to time to the council all such information i 
 and recommend such measures within the powers of the 
 council ac may tend to the improvement of the finances, 
 health, security, cleanliness, comfort and ornament of the 
 municipality, (t) 46 V. c. 18, s. 242. 
 
 Division II.— The Olkrk. 
 
 Appointment and duties of. Sec. 245. 
 Absence of. Sec. 24 G. 
 
 a. natural result of his want of importance and of his inability to I 
 control the administration of municipal affairs. If the otijce id 
 clothed with dignity and real authority ; if the mayor shall bel 
 invested with the veto power; if he shall have the sole right tJ 
 appoint and the unrestricted power to suspend or remove sulwiJil 
 nate officials or heads of departments ; — then the citizens can justljl 
 demand of him that he sha'l be individually responsible for thi 
 proper conduct of the concerns of the municipality, and if grievanca 
 exist they will know to whom to apply for remedy, and on whomi 
 fix the blame. Dillon's Municipal Corporations, 3d. ed. sec. 13. MayoiJ 
 of our cities and towns have responsibility without power, and 2 
 renult is a lax administration of affairs, too often combining iuelid 
 ency with extravagance and waste. 
 
 (t) Much of the happiness of the inhabitants of a city or tof| 
 depends upon the prudent management of tho hnancea, the presern 
 tion of health, the proper repair of roads, and the ornamenta.; 
 of the municipality. The inhabitants of ah. municipalities havi 
 more or less, these wants in common. By-laws to secure thej 
 objects are generally passed but seldom enforced ; the consequeM 
 is, the reverse of all that is desirable in municipal government. It| 
 by this section made the duty of heads of councils to be vigilant a 
 active in the perfoimance of just such duties as above suggested, 
 
 Other duties, not necessarj' to be here particularized, are sod 
 times cast upon heads of corporations. See Dillon on Munici] 
 Corporations, 3rd ed., sec. 209. 
 
 By this Act the head of the council of a city, town or incorpora 
 village may be paid such annual or otht^r remuiieration as the com 
 may determine. See sec. 232. The mayor of a city or town is exoi 
 A Justice of the Peace : sec. 41.'), and, where there is no Police -Mai 
 trate, has jurisdiction to hear and determine prosecutions for offei 
 against by-bv,'3 : sec, 416, and, under particular circuinstancef 
 authorized to call out the posse comitatua to enforce the law wij 
 the municipality, should exigeuciea require it. Seo. 478. 
 
 246. The counc 
 
CLERKS or COUNCILS. 
 
 iSeconh and papers may hfi o^a^ ^ , 
 
 heturn of statistics. ^2*8 ' '^''' ^47. 
 
 I 245. Every council shall or. • . 
 
 Lrk djali truly record in a boTw" tllf 1 ' '«) ""d «•« "P-'- 
 l||| resolutions, decisions and ntl.„ ""<"'' note or commenf Tt" 
 El,M if required by an^emtr';™'"**""^ "' the S,un:'i^"'". 
 L,«a„d vote of eviy meSTot?,r„f ' ^'"'" ---d tte 
 tilted, and shall keep the book, r„ ^i "">' "'"Mer sub- 
 J,. council, and »l.all%rese^t,d «r">,""" ''«<»>"nts of 
 [,»„ by the council, and also the ^i„"';,:" """""ts acted . 
 
 P "" by-.'aivs, and of all niinnt^. „c^l, "'' "ertified conie, 
 L.cil, all of which he shri?rkel' '.rrT'"*^ »* ' e 
 ll« appointed by by-W of the cincil ^/^S ^^ '" "'« 
 f ' ' / ^" ' • c. 18 
 
 246. The council may by resoinf 
 
 ___^ "^ ^, resolution proviVo +j x • 
 
 .irfkmnT^T": — Provirfe that, m case P^'Won for 
 
 |(i) It IS made the f^nf,, _* ., "bsonce, &e.. 
 
 of clerk. '^' 
 
 181. 
 
 11) It is made the duty of ^. — ^ ^__^JiCas€ 
 
 lience, if not duty, however, w'lrarnV'' ^Pl^"'"* ^^^^^"7""" 
 ■trkii V. Barlow, 7U r- Tt* ''^' *'nies render r^« ^°"- 
 
 kaudtre,is„r*..'/.-_^.- ^- L, J. JIT n,„^ ..„ "•'«' one necessarv. 
 
 Inieiice, ,.„ 
 
 Im-lei/ V. Jiarluw, / n ,'- t t " "-"co leiiriff^,, 
 
 Irkaud treasurer so incmrm.rl Z* ^^" Q»i»?re re "f "^«««^ary. 
 Lu to hold both oCerff^^^n*«"»''keir^^^^^^^ '^ffi'^es of 
 
 |4Uill. IV, cap. l^r^- .S^^,»ot«/- to sec. J79 jffhl " "^ "^'^^ 
 foiuting the same person to /'m '^^" ^^P'-^vss p,ohil»>,- "^- ^'^^^*- 
 i,4M. & W, 613. ^ " *" '^«*^ offices.' SeeE^ '"" '"^Sainst 
 
 *lThoro n^«. .. '^'".'/.f V. iVf;i<,. 
 
 
 
 »'^ke an an endte f ''''v^ f ''-•'^- (Mass!) 
 
 ittheamendmeuttoL V° * ^''oper case H.« ' ''^ ' ^''•"'''tt 
 Ire an amendment is' ;::r^- ^'^'^<^>^"^^v l^raTZ'l '"'^'ht 
 fs absolutely necessarl "f'^f' *"'' '* should .wk' " ^^- -^t^-- 
 F^uperior oSicer ,;'oTt;/^'°"^^^ "^^ '"a'^e vi ^ ^.'f attempted 
 N)<ii8tinffui»I../Ll *^« «o."»eil, and i,. ™ ,*''^ ^'-^''ction of 
 
 H'^usMed. ^!nTi, "" r;'*«' 1"« applicSon f 
 
 a writ 
 
182 THE MUNICIPAL MANUAL. 
 
 the clerk is absent or incapable through illness of perforni 
 ing his duties of clerk, some other person to be named in 
 the resolution, or to be appointed under tlie hand and seal I 
 of such clerk, shall act in his stead, and the person sol 
 appointed shall, while he so acts, have all the powers of thj 
 clerk, (c) 46 V. c. 18, s. 244. 
 
 Minute8.etc., 247- Any person may inspect any of the particulars afore-l 
 inspection, said, (d) iis well as the assessment rolls, voters' lists, poll books,! 
 and other documents in the possession of or under the con-l 
 trol of the clerk, at all seasonable times, (e) and tliel 
 clerk shall, within a reasonable time, furnish copies thereofl 
 to any applicant at /ne rate of ten cents per hundred wordif 
 or at such lower rates as the council appoints, and shall on! 
 Copies to be payUunit of the proper fee therefor, furnish within areasonf 
 and charges able time, to any elector of the municipality, or to anyotherl 
 therefor, etc. per.soti interested in any by-law, order or resolution, or to !ib' 
 solicitor, a copy of such by-law, order or resolution, certilledl 
 under his hand and under the corporate seal. (/) 46 y A 
 18, s. 245. 
 
 Rcturnsto 248- — (1) The clerk of every municipality shall in eacll 
 Bureau of year, within one week after the final revision of the assesJ 
 Industrie*., m^jit roll, {(/) under a \ enalty of $20 in case of defaiill 
 
 (c) The council has an imphecl power, in case of the teniiwrairl 
 iibsence of the c'erk, to appoint a person to discharge his duties. '' " 
 Jiex V. Mothersell, 1 8tr. 93; IhUckinson v. Pratt, 11 Vt. 402. 
 
 (d) See no\ e h to sec. 245. 
 
 (e) It is i\\>> right of any inhabitant of the municipality to iii8p„ 
 the recoi'ils, hoolts and other documents of tlie corporation on pron 
 occasions • Hex v. Shellfi,, 3 T. R. 142 ; lieu: v. Babb, lb., 579; //« 
 r'mm v. WiUiaw.s, 3 li. & C'. 162; JitK/ers v, Jones, 5 D. & K. • 
 And it is a right which may be enforced by niandaraus. Ru^ 
 Nevu-nMle, 2 Str. 1223 ; Rex v. Lwm, 10 Ka*st 235 ; Rex v. Purd 
 1 Wils. 242 ; Rex v. Bridijeman, 2 Str. 1203 ; People v. Corndl ' 
 Barb. (N. Y.) 329. 
 
 (/) No provision is made for the funding of these fees bytl 
 clerk ; and there is no declaration makinji the fees his own. Inti 
 absence of some by-hiw or resolution authorizing him to keep then 
 it would, it is presumed, be his duty to pay tliem over to the corponi 
 tion. See Re(j. v. Ciimberleye, 36 L. T. iN. S. 700. 
 
 ig) The duty of the clerk is to make the return required under tl 
 penalty named. The macliinery of municipal government mm 
 that certain vliings are done by certain days in the municipal yes 
 so that other tilings may in their order follow. Municipal office 
 cannot, therefore, regard provisions as to time with too muchsti 
 uess. But if the thing required to be done withiu the time limitedlj 
 
249.] 
 
 TREASURERS. 
 
 183 
 
 i make a return to the secretary of the Bureau of Industries, 
 I Toronto, on schedules or forms furnished by the said secre- 
 Itarv ^^^ approved by the Lieutenant-Governor in Council, 
 lo{ such statistics or information as the assessment roll or 
 lotliev records of liis office afford, and as such schedules or 
 I forms call for. 
 
 (•2\ The secretary of the Bureau of Industries shall, as 
 f soon as may be, after the opening of every Session of the 
 [j^crislature, report to the Minister of Agriculture for the 
 Ipurpose of being laid before the Legislative Assembly, a 
 Itabulated statement of all the returns hereby required to be 
 faadc. 
 (3) The Treasurer of the Province shall retain in his hands 
 
 m' moneys payable to any municipality, if it is certified to 
 [him by the secretary of the Bureau of Industries, that the 
 
 clerk of such municipality has not made the returns hereby 
 
 equired. 50 V. c. 29, ss. 13-15. 
 
 Tabulated 
 statement of 
 returns to be 
 made by 
 secretary of 
 Bureau. 
 
 Moneys pay- 
 able to muni- 
 cipaUtle"* <a 
 default to be 
 )'et«ined. 
 
 
 
 Division III. — The Treasurer. 
 
 Jis appointment, secuHty, duties, &c. Sees. 249-252. 
 Powers of successor, when Treasurer is dismissed or absconds. 
 Sec. 253. 
 
 249. Every municipal council shall appoint a treasurer, Treasurer to 
 \h) who may be paid either by sali>ry or by a percentage ^ app«""'*<* 
 
 t done, it does not follow that it cannot afterwards be done. It 
 
 no doubt, important that it should be done within the time 
 
 imited ; but "it is still more important that it should be done ; and 
 
 erefore if, owing to some uncontrollable circumstances, it is not 
 
 on the proper day, it ought to be done ou the next or some 
 
 ." i^cr Pollock, C. B., in Hunty. //iWw, .f) H. & N, 126. So 
 
 lis the pu})lic in'.orests are concerned, tlie Act may be looked upon 
 
 i directory. Rex v. Norioich, I B. & Ad. 310 see further, t'cle 
 
 lerte/i, 6M. & G. 872; Morqanv. Parry, 17 C. B. 334; Brumfit 
 
 , Mmmr, 9 C. B. N. S. 1 ; Nkkk v. Dotuflass, 35 U. C. Q. B. 127 ; 
 
 hfj.^: Imjall, 2 Q. B. D. 199; Striker v. Kelly, 7 Hill (N.Y.) 9; 
 
 fiidorf V. New York, 25 Wend. (N.Y.) 693. But as regards the 
 
 Beers whose duty it is made to do the things within a limited ume, 
 
 ke Act may be construed as imperative. Jlant v. Hibbs, 5 H. & 
 
 1. 126. 
 
 |(/i) The offices of treasurer and member of the council are 
 
 jcompatible. Reg. v. Smith, 4 U. C. Q. B. 322. The treasurer 
 
 no pO'.*er to bind the corporation by acceptance of orders for 
 
 khool Teachers salaries. Munson v. CoUimjivood, 9 U. C. C. P. 497 ; 
 
 lone 
 Ither 
 
 ■-.•♦ 
 
 
 
 -'■'■ i 
 
 
 
 ■'Ali 
 
 M 
 
 ii 
 
 W'^'- . 
 

 I . wQJ 
 
 184 
 
 To giye 
 aeourity 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 249. 
 
 (i) and eveiy treasurer, before entering upon the di iies of 
 his office, shall give such security as the council directs foi' 
 the faithful performance of his duties, and especially for duly 
 accounting for and paying over all moneys which may conie 
 into his hands ; (j) and it shall be the duty of every council 
 
 Smith V. Collincfwood, 19 U. C. Q. B. 2r)9. Where a treasurer was re- 
 appointed annually for several years, it was held that tlie re-appoint- 
 uients were not equivalent to removals and re-appointments Ijut 
 were rather a retention in office of the same treasurer, and that his 
 sureties were not in consequence thereof discharged. Corjmmtiou 
 of Ailjala \. McElroy, 9 0. R. 580. As to the liability to account 
 for moneys fraudulently obtained by the treasurer acting in a matter 
 within the scope of his authority and where the corporation lias 
 received the benefit of the fraud. See MoUons Bank v. Town ot 
 Brockville, 31 U. C. C. P. 174. . '' 
 
 (i) A resolution, empowering a person to collect taxes at a given 
 rate per cent, on tlie amount collected, may be I'epealed or modified 
 at any time by tlie corporation, on the sole condition that the cor- 
 poration shall ctmtinue liable for any compensation earnc I uader the 
 resolution previt)U8 to its repeal or modification. HeMojul v. Xni- 
 OrletiHH, 14 La. An. .3.30. The personal representatives of a deceaseil 
 treasurer are lialde to be sund in respect of his default. Lincoln v 
 Thompson 8 U. C. Q. B. 615. 
 
 {j) Accounting for moneys includes payment over. MaUimj v. 
 (Jhalkin, 3 M. & H. 502. Where the treasurer had in his liands a 
 large balance belonging to the township at the time of giving his 
 bond with new sureties, it was held that subsequent payments l)y the 
 treasurer were applicable first to the discharge of that balance, 
 Eiixt Zorm V. D<»ii//as, 17 Grant 4(52. See further, LcDimnl v 
 Black, 4 U. C. L. J. "260; P>'er,^ v. Oxford, 17 Grant 472 ; Corponi 
 tionof Adjii/a V. M'Elroy,9 0. U. 580. Where a bond, instead of 
 using the words in the statute, limited the responsibility to nioney.> 
 coming into the treasurer's hands, applicable to the general uses of 
 the municipality, it was held that Clergy Reserve moneys and monej 
 derive.l from the distribution of the Provincial surplus whicii iiad by 
 by-law been specifically appropriated to educational purposes, were 
 not within the condition of the bond, and that the operation of the 
 bond was not extended by R. S. O. 1877 c 180, s. 213 and c. 204, s 
 221. Oakland v. Proper, 1 O. R. 3.30. 
 
 It is no objection to the bond that it was executed before the 
 appointment to oHice was made. E,i.icx v. Stiomj, 21 U. C. Q. B. 
 149. If tlio condition of the bond of a public otlicer substantially 
 comply with the retpiirements of the Statute, Courts will endeavour 
 to sustain the bond as against teclmical defences. Bahi/ v. />a6//, 8 
 U. C. Q. B. 76. See People v. Holmes, 2 Wend. (N.'V.) 28l,''/4, 
 615 ; Alh.ijhnny County v. Van Campen, 3 Wend. (N.Y.) 49; LavM 
 v. Erwhi, 9 Wend. (N.Y.) 233; Postmaster-General v. Jiice, Gilpin 
 (Pa.) 654; Afontrille v. IfaiK/hton, 7 Conn. 543; Common wealth w 
 Wolbert, 6 Binn. (Pa.) 292; Thomas v. White, 12 Mass. ;)6!); 
 Kavmanijhw. Sanders, 8 Greenl. (Me.) 442; Ilornv, WkiHtnr,6'S. 
 H. 88 ; Supervisors v. Cojjinlmry, 1 Mich. 359. The invaHdity of the 
 
"^'fn 
 
 DUTIES OF TREASURERS. 
 
 185 
 
 s. 250.] 
 
 in each and every year to enquire into the sufficiency oi^^^^^^ 
 flip security given by such treasurer, and report thereon, (k) to sum- 
 
 ^fir 1« a 9iiQ clencyof. 
 
 46 V. c. lo, s. ^o^. 
 
 MQ n\ Every treasurer shall receive and safely keep ^,jj"^'g* 
 
 11 mnnpvs belonging to the corporation, and shall pay out c«re of and 
 the same to such persons and in such manner as tne laws ot moneys, etc 
 the Province and the lawful by-laws or resolutions of the 
 council of the municipal corporation, whose officer he is, 
 direct ; (0 ^^^ ^° member of the council shall receive any 
 
 appointment cannot be set up 
 _ifo,o mnnevs have been coUe 
 
 as a 
 ected. 
 
 defence to an action on a bond 
 wiiere moneys have been collected. Hohohen v. Haitison, 1 Vroom. 
 (N J-) 73 ; Seiph V. Elizabeth, 3 Dutch (N.J.) 407 ; nor can irregu- 
 Lrities in'the mode of appointment. Whitby v. Harrinon, 18 U. C. 
 
 B. 603 ; ^Vhithy v. Flint, 9 U. C. C. P. 449 ; Todd v. Perry, 
 aj U. C. Q. B. 649. The imposition of additional taxes to those 
 assessed at the time of taking the security and the increase of risk 
 thereby, has been held not to violate a bond given for the general 
 performance of duties and payment of moneys. Beverley v. Bar- 
 low 10 U. C. C. P. 178. Nor is it a defence that the money 
 received by the treasurer was not demanded by the Government, 
 which was entitled thereto. Essex v. Park, 11 U. C, C. P. 473. It 
 has been held that sureties for an officer whose term is limited to a 
 year, are not liable beyond the year, though the officer continue by 
 law till his successor is appointed. Berf. ex rel. Ford v. McBae, 5 
 P. R. 369; Dover v. Twomhly, 42 N. H. 59; Clems/ord Co. v. 
 Demorest, 7 Gray (Mass.) 1. 
 
 {k) This is a most important duty, but, it is believed, one of the most 
 neglected of all duties imposed on councils. It may be that if the 
 luuuicipality lose the benefit of their security by reason of a neglect 
 to perform this duty on the part of the members of the council, 
 the If -ter could be made liable to make good the loss. One of the 
 sureties of a treasurer being desirous of being relieved from his 
 suretyship, the treasurer offered to the council a new surety in his 
 place. The council thereupon passed a resolution approving of the 
 new surety, and declaring that on the completion of the necessary 
 bonds the withdrawing surety should be relieved. No further act 
 on the part of the council took place. But the treasurer and his 
 new surety (omitting the second surety) joined in a bond conditioned 
 
 1 for the due performance of the treasurer's duties for the future, and 
 j the treasurer executed a mortgage to the same effect. The clerk, 
 j on receiving these, gave up to the treasurer the old bond and the 
 [ treasurer destroyed it. Eight years afterwards a false charge was 
 I discovered in the accounts of the treasurer of a date prior to these 
 
 transactions, and it was held that the sureties on the first bond were 
 I responsible for it. Frontenac v. Breden, 17 Grant. 645. 
 
 [l] In an action by a municipal corporation asainst their treasurer 
 I on hib bond, it appeared that the corporation had a contract with 
 I one E. to build bridges for them. E. got the reove to endorse his 
 [note for $600, which was discounted by defendant at a bank, of 
 
 24 
 
 fc! 
 
 
 
188 
 
 i, 
 
 
 THE MUNICIPAL MANUAL. [g. 250 
 
 money from such treasurer for any work performed or to be 
 
 which he was agent, aa well as treasurer of the municipality. A few 
 ilays afterwards another note for $400, made by E. and endorsed by 
 other persons— OU3 a member of the corporation —was discounted at 
 tho same bank. When these notes were about to fall due, a nieetinc 
 of the council took place, at whkch defendant was present, and tlie 
 reeve swore that it was then understood that the council should 
 assume these two notes, and he thought the defendant was authorized 
 to charge them both to the corporation ; but other councillors 
 examined did not agree with the reeve in their recollection of what 
 took place ; and the only resolution or minute in writing was, that 
 the council should give their note for $700, to be used in the bank 
 by the defendant. This note was accordingly made by the reeve 
 <-vnd endorsed by the other members. Held, that under these facts 
 the treasurer had no right to charge the council with the reinaininir 
 S300. Inyemoll v. Chadtoick, 19 U. C. Q. B. 278. In an account 
 rendered by defendant to the council, this $1,000 was charged as 
 paid to E., and it was asserted the council made subsequent pay 
 ments to him, assuming the account to be correct. But, hi-ld tlut 
 assuming this to be the case, of which there was some question, the 
 council, uy omitting to notice or object to this item, were not bound 
 to pay it. Ih. If the treasurer chooses to act upon the coustruution 
 which he puts upon or the inferences which he draws from mere 
 conversations among members of the council which may take 
 place in his presence, he does so at his own risk. lb. 285, per Kobin- 
 .son, C. J. The treasurer should not pay money on any oj every 
 draft and order Avhich the reeve for the time being may direct him 
 to pay. The township moneys will probably be considered aa still 
 in his hands unless paid out on a proper legal authority, for purposes 
 contemplated and authorized by law, at leant until he has received 
 :i formal acquittance and discharge from the municipality. Ead 
 Xissouri v. /lomeinan, 9 U. C. C. P. 191, per Draper, C. J. 
 Nor should he pay money on an illegal order or resolution, for an 
 Act of Parliament should be regarded by him as a higher authority 
 than the resolution or by-law of a corporation. Per Robinson, C. J. 
 in Daniels v. Burford, 10 U. C. Q. B. 481 ; and if a treasurer so pay 
 money on an illegal order or resolution, he would be probably sub- 
 ject to criminal prosecution, per Robinson, C. J., in East Nismirh 
 Homeman, 16 U. C. Q. B. 580. Where the treasurer of a munici 
 pality kept his money in his house, there being no proper place for 
 depositing the same provided by the municipality, and no bank in 
 the county within 35 miles, it was held that he was not liable to 
 make good the amount of loss sustained by the accidental burning 
 of his house and the destruction therein of moneys of the munici- 
 pality. Corporation of Houghton v. Freeland, 26 Grant. 500. 
 
 But where persons entrusted with the administration of a fund 
 have incurred legitimate and proper expenses thrown upon them by 
 their fiduciary situation they have a right to reimburse tlicmseivej 
 out of the funds. See Hex v. Inhabitants of Essex, 4 T. K. 591 ; Pm 
 v. ConimixxionerH of Seicers for the Tower flamlits, 1 B. & Ail. 232; 
 Att')rni"y-Gfneral v. Mayor of Norwich, 2 M. & C. 406; /?<'/• »'. 
 ■l/ai/or, <fcr., of Sheffield, L. R. 6 Q. B. 652 ; Reu. v. White, 14 Q. J5, D. 
 .358. An attempted appropriation contrary to the terms of tiie trust 
 
251.J 
 
 DUTIES OF TREASURERS. 
 
 187 
 
 I8i 
 performed ; (m) and the treasurer cV. i, 
 ail action for aay moneys paid h!" k • ''°*. ^^ ^^^ble toHi-iuwiity 
 
 with any by-lay or resolution passed bv^r '" accordance '*'"*'•-• 
 municipality of which he is th« ? ^ ^ ''°""cil of the 
 
 another disposition is expressly JrT'' T^^^^ ^^ere 
 statute, (w) '^ •>' "™»«e of such moneys by 
 
 (2) In case of the death of a nn,,. + ^ 
 for the time being may, by warrant uL'T'^'f *^^ ^^^'den Appotot- 
 .ppoint a treasurer ;,.^' tlmp^^eZ s "ctLf • V"^ ^"^ ««-'' *--. 
 purposes as the warden may dPPm I, ^V^^^i^l purpose or^" ««»•• 
 
 office until the next meetiL T.Z''^^'^'^^ ^^^o ^hall hold 
 
 peitaedbyhim,authorize1ilt^Tr'^^\^ all acts 
 valid and binding as if performed h.'f''^''*' "^«" be as 
 appointed ; Provided always th«f * i ^ *''®^surer regularly 
 by such warrant of appoi^^t c^t t™'? ^^^"' ^ -dp„,.„ 
 begivea by such treasurer pro ten^porei^t ''/"7*^ ^^^^^^ 
 fornianceof his duties, ancl esnpnS 1 *^^ faithful per- 
 for and paying oyer, all monerS ^"^>^ ^^^ount^ng 
 Lands, and he shall, before enteric! ""^^ ^°«^^ ^^^o hit 
 such security, but he shaH not "nf. 7'''' ^"^ ^"«e«> give 
 vouchers, or accounts of the deceaJwT "^'^^ *'»e books, 
 
 audit shall be made. 46 V. c.T« ^ 253'"''' "^*" ^ P^'^P^^ 
 
 251 Every treasurer shall ai 
 
 c.„„cil l,alf.yearly „ oorreot TteteSTf tT'' """"'* *° *'"' »•»■""* 
 . ^"^ °^ *ne moneys at the """'ament of 
 
 «>)■ be restrained. Attoney.O,nfr,Ll „ j ■ ~ 
 
 ('«). It is against the pohcy of th« i x, ' 
 «lio 18 a trustee for the rZLT . ,^ "»»* a member of „ 
 
 M.„ to hV Kirt ;i^;r'"« '"'»'» P»y the rn^Lr?'"'"""- 
 
 Ml -w^f 
 
'^Si^ 
 
 188 THB MUNICIPAL MANUAL. [g. 25] 
 
 credit of the corporation (o) whose officer he is ; and in 
 cities, towns, incorporated villages and townslii])s whicli 
 have passed by-laws iftquiring this to be done, the ueasurer 
 ofpwrloni'hi shall, on or before tiie 20th day of Deceni})er in each 
 default for year, prepai'e and transmit to the clerk of the niunicipHlitv 
 a list of all persons who have not paid their municipal taxes 
 on or before the 14th day of said mouth of December (n\ 
 46 V. c. 18, s. 254. See Sees. 82, 489 (2). ' ^" 
 
 be*"ide t" ^^ — (^) "^'^^ treasurer of every municipality shnll, on or 
 burewi of before the lirst cl j,y of May in each year, under a penalty of 
 Industrie.. ^0,0 iu case of default, furnish to the secretary of the 
 Kureuu of Industries, Toronto, on schedules or foi ms fum- 
 isiied by said secretary and approved by the Lieutenant- 
 Governor in Council, such information or statistics regard- 
 ing the finances or accounts of the municipality, as such 
 schedules or forms call lor. 
 
 (c^ The moiieyi* of th i municipality should oe by the treasurer 
 dej-^'ited and kept to "the credit of the corporation," and not to 
 his own credit. They should be kept in a separate account and imt 
 be mixed up with the treasurer's private monej'. Peen v. Oiiford 
 17 Grnnt. 472. Most of the losses which municipalitiea have bus' 
 tained have arisen through the misconduct of their treasurers, beiiii' 
 tempted to use and using the money of the corporation for purpnses 
 of speculation or otherwise as their own. The only safe course for a 
 treasurer to adopt is to keep strict account of the moneys entrusted 
 to his charge, and on no account whatever to touch it, except tor 
 corporation p.iri>oses. A county treasurer, had through a misapprt- 
 hension of what was the proper course, been allowed to mix all 
 county money with his own, and had used for his private purposes a j 
 large sum of money received in that way. In this state of tiiin's 
 he had occasion to give the corporation a new bond, with two wvl 
 sureties. Shortly afterwards it was ascertained that he was not able! 
 to pay his balance to the corporation. The sureties filed a bill to] 
 be relieved from their bond, on the ground of the treasurer's inis-i 
 conduct, and of the uncommunicated kr owledge of that mi8con{hicti 
 by the re,)resentatives of the corporation at the time the bond Wij 
 given ; but the court being of opinion that most of the facts rdid 
 on as proving misconduct were knc -rn to the sureties), and thai 09 
 information hnd bocn withheld from them frai'uuientiy, hci,. hal 
 bond to be valid Ih. See Gananotnie v. Stunden, 1 0. K. 1 ; Co^jiotA 
 (ion of Adjala v. McElroy, 9 O. R. 580- A surety cannot getrido'i 
 liability on the ground of having become surety in ignorance oi 
 material .acts, unless he can shew the information was frauduknim 
 withheld from him. East Zorra v. Donglaaa, '7 Grant 462. So thi 
 fact tJiat th( council tacitly permitfi the treasurer to mix the mone] 
 of the municipality with his own ii not of itself any defence to 1 
 sureties. Jb. Se«5 aho RawAon v. Vr'ard, 27 U. C. Q. B. 609. 
 
 (p) The effect of thi return is to deprive the persons in arrearfj 
 taxes of the right to vote. See sec. 81. 
 
 %iy 
 
ASSESSORS AND COLLROTORS. 
 
 s. 254, (l.)J 
 
 (2) The secretary of the B 
 soonasmaj be, after tJ.e openTng V^J"'^"^""'' «^^"» «« 
 Legislature, report to ti.e MiS. f T^ ®^««ion of the 
 purpose of being hid before th^T°^'^«^?^"lt"'-e for the 
 tabulated statement of all tl : retur^s'hf f ' Assembly a 
 "'»''«• ^""^"^ ^^e'-eby required to be 
 
 189 
 
 Tabu I » ted 
 *tatein«nt of 
 
 tDtmUf to 1)6 
 
 >ii»de by 
 wcrstary of 
 bureau. 
 
 l»{oneyi p.y. 
 ftble to niUE<. 
 ••Ipalities in 
 default to be 
 wtained. 
 
 (3) The Treasurer of the P,.« • 
 tonds any moneys pavab]« f°^^^^^ «hall retain in hia 
 
 Jf:f J« ^- b/the^ttry of^h^e^'^"^^"^^*^'^ "itt 
 that the treasurer of such munic oaii^vT"''" °*'^"^"«*ries, 
 returns hereby required. 50 V o ^?q ^ ^'^ "^^ "^ade the 
 
 253. In case any treasu • ' ^ » ^o. 
 
 absconds, it shall be lawfurfo/?-'''^"''''^^ from office orn .. 
 
 (oee o^Ibjt a»-,, o,„, 
 
 \lm»ment Jommissioner-Jjio J 
 
 \fwmhip Collectors to arf ^^ °^ -^^^^saors. Sec okk 
 
 I ^i^m^^ofj.oZ,''''/::^^^^^^ 
 
 , 254-(l) The council of evprv •'. 
 
 *tors for the mrnlTp'aSrV*^ "^"^ t:rr^Si^SSV 
 t.eto tj„,e authorize or^re^^^^^^^ M .TT^"* Ws f^om »A„ 
 mncy that occurs in theS'^y ""* '^^" «" «P any ' 
 Uenrentafter the -me :crurs wrb^ft' r " ^^ ^^^^^ 
 
 h:rii;:-zz— ~ — ._i!!i^*«^«-ouncii.haii 
 
 Nnrer. But it is^recom *«*'"«<= *he sureties of f^ 5"'*'* ^^^e 
 feplace,the surVe^T";!?,^ ^^ '.bat so soon as the r™'?'^'' 
 Ibd ma position anrf «„ r '"^ormec' of the fart ?i f fJ'smissal 
 
 l'f)AD .usessment is ««* • i., 
 
 J' a vote of three against 
 
1^ ^^ '1 i 
 
 J*.;; 
 
 appointed 
 instead of 
 
 such OASeBB- 
 
 ors, &c. 
 
 190 THE MUNICIPAL MANUAL. [s. 254 (1) 
 
 not ftppoint rs »<sses3or or collector a member of the 
 CO icil (t). 
 
 (2) The same person may, in a city, town or townshij) 
 be api)oiiiteil assessor or collector for more than one v.iird 
 or polling sub-division. 
 
 (3) In municipalities which have passed by-laws rdquir. 
 ing taxes to be paid on or before the 14th day of Deccin. 
 ber, (m) it shall be the duty of the collectors, on the 1 5tli div 
 of December in each year, upon oath, to return to tho trejis. 
 urer the names of all persons who have not paid their muni. 
 cipal taxes on or before the 14th day of the said month of 
 December, (v) 4G Y. c. 18, s. 256. 
 
 MgoMment 266. In cities, the council, instead of appointing assessors 
 commisionor under tlio preceding section, may appoint an assessnicnt 
 ™*^ ** - commissioner, who, in conjunction with the mayor for the 
 time being, shall, from time to time, appoint such assessors 
 and valuators as may be necessary, and such commissioii(>r 
 assessors and valuators shall constitute a board of assessors 
 and shall poosess all the powers and perform the duties ot' 
 assessors f.ppointed under the last preceding section ; U) 
 and the council shall also hA^e power by by-law to dotermine 
 the number of collectors to be appointed, and prescribe thoir 
 duties, and any commissioner, assessor or collector to he ai)- 
 
 two. The election of one of the three councillors was afterwards set 
 aside, .and by a sulisequent vote the resolution was rebcinded, and a 
 by-law passed appointing a different person assessor. Both made 
 assessments, and in conseijtience much confusion arose. The Court 
 under tliese circumstances, granted a quo warranto to determine the 
 validity of the last appointment, fn re McPheraon and Bttmnn 17 
 U. C. Q. B. 99. 
 
 (t) The offices are incompatible. See note k to sec. 179. 
 
 (m) See iiote q to sec. 81. 
 
 (v) See sec. 251. 
 
 (w) This provision for the appointment of a board of assessors 
 is restricted in its operation to cities. The object of the provision 
 is to secure, as much as possible, efficiency, economy and uniformity 
 of assessment. Difllerent men have different ideas as to value. It 
 has been found that when assessors in the different wards of a city 
 act indopeadently of each oti.er, property in some wards is assessed 
 higher than in others. For remedy provision is made for the con- 
 stitution of a board of assessors. The board is made to consist of 
 an assessment commissioner, assessors and valuators. The com- 
 missioner is appointed by the council, and the assessors and 
 valuators by the commissioner, acting in conjunction with the 
 
 wm 
 
 
». 257.] 
 
 AUDITORS AXD AUDIT. 
 
 191 
 
 of 
 com* 
 
 pointed liy imy city need not be appointed annually, but ll^^!^*^^ 
 sliall hold office at tlie pleasure of tlie council ; (x) and all miMnioner, 
 notices, in other municipalities required to bo given to th»^ '""""'"*'"•*'' 
 ,,\i.vk of the immicipality in matters relutive to assessment, 
 shall in such city be given to the assessment commissioner. 
 '/,,)46 V. c. 18, 8. 257, part. 
 
 256- The collectors of the several townships in a junior t:oiiottor or 
 county of a union of counties shall ex officio be collectors iouncii?"* 
 in such townships for the provisional council, and the 
 collectors shall pay over to the provisional treasurer ' the i'«>menti>. 
 money they collect under any by-law of the provisional 
 council, {z) 46 V. c. 18, s. 258. 
 
 267. The money so collected shall be deemed the money Moneys, 
 of the union, so far as necessary to make the collectors and .iJlipoged of. 
 their sureties responsible to the union therefor ; and in case 
 the corpoiation of the union receives the same, such corpor- 
 ation shall immediately pay the amount to the i)rovisional 
 treasurer, retaining the expenses of collection, {zz) 46 V. c. 
 18, s. 259. 
 
 Division V. — Auditors and Audit. 
 
 Umhitment and duties. S^xa. 258-264. 
 /',. ^■ration of abstract and statement of receipts and expen- 
 ^.Iture. Sec. 265. 
 
 mayor. There is no limit to the number of assessors and valuators. 
 As miuiy "as may be necessary" may be appointed ; and ti.e ap- 
 pointments may be made "from time to time." The commissioner, 
 assessors .and valuators, like other officers of the corporation hold 
 iiffice during pleasure. It is not necessary, therefore, t> . they 
 should, be appointed or elected annually. 
 
 (/) See sec. 279 and notes thereto. 
 
 {y) The office of assessment commissioner is one of considerable 
 importance. Taxes should be as small as possible, as uniform as 
 possible ami collected at as little expense as possible. It is believed 
 by those who favour such an office that there will be more efficiency, 
 more economy, and more uniformity than under the old system. 
 
 (z) The powers of a provisional council are not in any way 
 intended to interfere with the powers of the council of the union. 
 .Sec. 42. Any money raised by the provisional council in the junioi- 
 county is independent of any money raised therein by the council ol" 
 the union. lb. 
 
 (::) The corporation of the union is as it were, a trustee of the 
 money for the corporation of the provisional council. But as 
 
 tl ' i' 
 
 4 
 
 m. 
 
 
 ^{'■i'l 
 
 t^: 
 
 
 li.. 
 
 \< 
 
 ^.■W f- 
 
 [■\ 
 
 
 
 $ 
 
 l-Mli 
 
 ■ 1 
 
192 
 
 THE MUNICIPAL MANUAL. 
 
 [f. 258. 
 
 
 Auditon. 
 
 Dfaquallfl- 
 cation for 
 otfloe of. 
 
 Council tofiiuUly audit. Sec. 260. 
 
 County council to regulate and audit County tmmevi 
 Sec. 267. *• 
 
 Audit, how often to be made. Sec. 268. 
 Special provisions relating to Toronto. Sec. 269. 
 
 268< Subject to the provisions of the next two sections as 
 to cities, every council shall at the first meeting thereof in 
 every year after being duly organized, (a) appoint two auditors 
 one o f whom shall be such person hs the head of tlie uuuuci'l 
 nominates ; (h) but no one who, at Huch time, or during the 
 preceding year, is or was a member, or is or was clerk or 
 treasurer of the council, (c) or who has, or during the pre. 
 ceding year had, directly or indirectly, alone or in conjunc- 
 tion with any other person, a share or interest in any 
 contract or employment with or on behalf of the coriwration 
 (d) except as auditor, (e) shall bo appointed an auditor. And 
 in the event of an auditor so appointed to audit the accounts 
 of the county refusing, or being unable to act, then the head 
 of the council shall nominate another person to act in his 
 stead. 46 V. c. 18, s. 260 ; 50 V. c. 29, s. 10. 
 
 niSSf' 269. — (1) The council of the corporation of the city of 
 
 auditor* by Toronto shall, during the month of December in each year 
 Torotto."' appoint two auditors. (/) 46 V. c. 18, s. 268 (1). 
 
 between tho former and its officers, it is no defence to the latter that 
 the corporatiou of the union is not beneficially interested in the 
 money. A demand of some kind ought to be made for 'he money 
 before bringing an action for its recovery. Caledon v. C'aledon, 12 
 U. C. C. P. 301. 
 
 LI ■ " 
 
 ^tfr 
 
 
 (a) See note p to sec. 225. 
 
 {b) The council is to appoint two auditors annually, but one of 
 them is to be a person nominated by the head of the council. 
 Hence it will bo seen that a nomination by the head of the council, 
 though not in terms an appointment, is, under this section, in e£fect 
 the same. 
 
 (c) The offices are incompatible. The disqualification extends to 
 the holding of the incompatible office " during the preceding year," 
 See Beg. v. IIiorn>t, 7 A. & E. 960. 
 
 (rf) See note p to sec. 74. 
 
 (e) This is to permit the same individual to be reappointed to the 
 office of Auditor. Audits in Cities and Towns may be daily (see 
 sec. 268), and in other Municipalities monthly or quarterly, as 
 ilirected by By-laws on that bebaif. lb. 
 
 (/) The general power is for the council of a city or town to ap- 
 point an auditor. Sec. 268. The exception, as to two auditors in 
 
Annusl 
 rwport by 
 auditor* of 
 olty of 
 Toronto. 
 
 Tlnw for 
 •ppolntmant 
 ofaudtton 
 in oltlM. 
 
 Applloatloa 
 of exUtlng 
 lawR at to 
 appointment 
 of auditor!. 
 
 2^3] DUTIB8 OF AUDITORS. i 93 
 
 (2) The auditors for the Haid city shall diBchnrgn the duties 
 - nuosed u|)OU auditors by sitb-aectiuri 2 of section 263 of this 
 Act witbia one month after the 3lBt day of December in 
 ^ilyear. 46 V. c. 18, s. 270. 
 
 Ago (1) The council of any city which shall pass a by-law 
 
 declaring that it is expedient to appoint its auditors in the 
 nouth of December in each year, shall, while such by-law 
 
 „^I,]H in force, and in the month of December in each year, 
 instead of at its first meeting after being duly organized, 
 appoint two auditors. 47 V. c. 32, s. 7 (1). 
 
 (2) Notwitlistanding this section, or any fxxch bylaw, the 
 nrovisions of section 258 of this Act, as to the appointment 
 of auditors, shall apply to the audit of the accounts of tho 
 year in which such by-law takes effect. 47 V. c. 32, 8. 7 (fi). 
 
 261. The auditors appointed under the next preceding j,,^ ^ 
 two sections shall every month, commencing at the end of auditors. 
 the first month in the year following tho said month of 
 December, and so on to the end of such year, examine and 
 report upon all accounts affecting the corporation, or relating 
 to any matter under its control, or within its jurisdiction, (g) 
 ^6 V. c. 18, s. 269 ; 47 V. c. 32, s. 7 (4). 
 
 262- The council of a city, in the event of a vacancy in Fining 
 the office of auditor happening by death, resignation or '**•""'*■' 
 otherwise, may, by by-law, fill such vacancy, and the person 
 so appoiutod shall hold office for the remainder of the year 
 foiwhicli *^e oilgias' n-piiointment was made. 46 V. c. 18, 
 6.268(2);47V. 0.32,8.7(2). 
 
 263.— (1) The auditors shall examine and report upon allDutiMof 
 accounts affecting the corporation, or relating to any matter »od'to"- 
 
 the case of the City of Toronto, is because of the magnitude and 
 multiplicity of the yearly accounts of that municipality. One of the 
 advantages of having two auditors is, that whore they act indepen- 
 dently of each other they may check each other's work. 
 
 {g) The words "under its contro'i or within its jurisdiction" may 
 
 give rise to some question. Thus, for example, it is the duty of the 
 
 Council of the City to raise by taxation money required for public 
 
 education or for police purposes, but the Council has no discretion as 
 
 to the amount. This being so, it cannot well be said that Public 
 
 School Board moneys or Police Board moneys are either under the 
 
 I control or within the jurisdiction of the city council. Yet, in the 
 
 I interest of the rat«;".yers, it would seem onlv proper that the repre- 
 
 I sentative body who raise the money should have some control over 
 
 its expenditure. 
 
 25 • 
 
194 THE MUNICIPAL MANUAL. [a. 263 (1), 
 
 under its conti-ol or within its jurisdiction for the year end- 
 ing on the 31st day of December preceding their appoint- 
 merit, {h) 46 V. c. 18, s. 261. 
 
 abstoSctTnd (^) ^^^ auditors shall prepare in duplicate an abstract of 
 detailed the receipts, expenditure, assets, and liabilities of the corpor- 
 receipta and'ft^^on, and also a detailed statement of the same in such form 
 expenditure, as the couMcil directs. They shall make a report on all 
 accounts audited by them, and a special report of any expendi- 
 ture made contrary to law. The auditors shall transmit 
 one copy of the abstract to the secretary of the Biueau of 
 industries, Toronto, and shall file the other, together with 
 the detailed statement and reports in the office of the clerk 
 of the council w^ithin one month after their appointment ; (/) 
 and thereafter any inhabitant or ratepayer of the munici- 
 pality nay inspect the same at all reasonable hours, and may 
 by himself or his agent at his own expense take a cony 
 thereof or extracts iherefrom. (j) 50 V. c. 29, s. 11. 
 
 (3) The council of every town, township and incorporivted 
 village shall hold a meeting on the fifteenth day of Decembei- 
 in each year, or if such day happen to be a Sunday, then ou 
 
 Publication 
 of state- 
 ments of 
 avsets and 
 Uabilities. 
 
 (A) Negligence of the Auditors in examining and reporting up<m 
 accounts will not, under ordinary circumstances, relieve thoae 
 indebted to the Corporation from the payment of their liai)ilitiej. 
 See In re Eldoii and Ferr/nxon, 6 U. C. L. J. 207. " It seems to nie 
 to be a monstrous proposition, that an officer of the Corporation may 
 wilfully or even negljgentlj' omit to enter the receipt of moneys; and 
 because the Auditors have not been able to discover the omission 
 and the Corporation approves of the report, that when the oiiiisaions 
 are discovered the officer may set up the audit to cover his own fraud 
 or neglect." Jh. 209, per Uichards, J. A surety for the due per- 
 formance of a Treasurer's duties is not lelieved from liability by tiie 
 negligence of the Auditors in proving the Treasurer's accomits. 
 Fronlenae v. Breden, 17 Grant 645. The fact of the Treasurer having 
 become reduced in his circumstances after the auditing and pjissing 
 of his accounts, and before the (iiscovery of an error in them, is nn 
 bar to a suit against the surety. lb. 
 
 (i) See note y to sec. 246. 
 
 (j) The right to inspect the Auditors' report is extended to "any 
 inhabitant or ratepayer." The difference between an inhabitant and 
 a ratepayer is, that "inhai)itant" means a resident, whether a rate- 
 payer or not, and that a "ratepayer" is a person who pays taxes, 
 whether a resident or not. See Rex v. North Curri/, 4 B. 4 C. 
 961. Mere colourable residence is insufficient to constitute a person 
 an inhabitant. Jiex v. Sargrnt, 5 T. R. 466 ; Rt-x v. Duh' o/lM- 
 mond, 6 T. 11. 660 ; Bruce v. Bruce, 2 B. & P. 229, » ; Rex v. Mit- 
 chell, 10 East, 511 ; Whithorn v. Thomas, 7 M. &6. 1. 
 
 (;)■) The provisii 
 
 {k) Notwithatanc 
 
8. 266.] 
 
 AUDIT OB ACCOUNTS. 
 
 196 
 
 the Monday following, and shall immediately thereafter 
 publish a detailed statement of receipts and expenditure for 
 the portion of the year ending on the day of such meeting, 
 together with a statement of assets and liabilities and uncol- 
 lected taxes. The said statement shall be signed by the mayor 
 or reeve and by the treasurer, and shall be published forth- 
 with in one or more newspapers of the municipality (if any) 
 £>nd in such other newspapers circulated in the municipality, 
 as the council may direct. 
 
 (a) Instead of publishing the said statement in any news- 
 paper, the council may cause the same to be posted 
 up, not later than the twenty-fourth day of Decem- 
 ber, in the offices of the clerk and of the treasiirer, 
 as well as at all the post offices in the municipality, 
 and at not less than twelve other conspicuous 
 places therein. 
 
 (4) The clerk shall procure not less than one hundred copies 
 of the said statement and shall deliver or transmit by post to 
 the electors who first request him to do so, one of such copies 
 not later than the twenty-fourth day of December in each year, 
 and shall also see that copies of the said statement are pro- 
 duced at the nomination, (jj) 51 V. c. 28, s. 13. 
 
 264. The council of any city may, by by-law, provide that Accounts 
 the auditors shall audit all accounts before payment. 46 V. ^ulitei 
 
 c. 18, s. 268 (3) ; 47 V. c. 32, s. 7 (2, 3). min't!^'''* 
 
 265. The clerk shall publish the auditors' abstract and cierks to 
 report (if any), and shall also publish the detailed statement J^bg'j^racts 
 in such form as the council directs, and in case of a minor and btate- 
 munlcipality the clerk shall transmit to the clerk of the*"^" 
 county council a copy of such abstract and statement, and 
 
 the same shall be kept by the clerk of the county council as 
 a record of his office. 46 V. c. 18, s. 263. 
 
 266- The council sliall, upon the report of the auditors. The council 
 finally audit and allow the accounts of the treasurer and *" *'}^'* . 
 collectors, and all accounts chargeable against the corpora- 
 tion ; and in case of charges not regulated by law, the coun- 
 cil shall allow what is reasonable, (k) 46 V. c. 18, s. 265. 
 
 (ji;) The provisions of sub-sections 3 and 4 do not apply to the 
 township inunicipahties situated in the electoral districts of East 
 Akoma, West Algoma, North Renfrew, Muskoka, Parry Sound, or 
 H^iburton. See 51 Vict. c. 28, s. 14. 
 
 (k) Notwithstanding the use of the word " finally " in this section^ 
 
 il^m 
 
(tlki^i.i^ 
 
 <196 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 267. 
 
 Audit of 267- Unless otherwise provided, every county council 
 
 fMhj sliall have the regulation and auditing of all mor'>>ys to be 
 
 ^Mvmr P*^^ °^^ ®^ *^® funds in the hands of th.e county treasurer 
 
 ■ (l) 46 V. c. 18, 8. 266. 
 
 Audit of 
 accounts in 
 cities and 
 towns. 
 
 268- Tn cities and towns the council may also appoint 
 an auditor, who shall, daily or otherwise as directed by the 
 council, examine and report aud audit the accounts of the 
 corporation, in conformity with any regulation or by-law of 
 In other mu- the council ; (m) and in other municipalities the auditors 
 shall also, monthly or quarterly, if directed by by-law 
 examine into and audit the accounts of the corporation, (n) 
 46 V. c. 18, s. 267 ; 48 V. c. 39, s. 8. ' 
 
 nicipalitiea. 
 
 Division VI. — Valuators. 
 
 Appointment and duties. Sec. 269. 
 
 County 269. The council of every county may appoint two or 
 
 ^""tot"*^ more valuators for the purpose of valuing the real property 
 
 valuators, within the county, whose duty it shall be to ascertain, in 
 
 ♦heirduues. ^^^^^ g£^,^ y^^^j. ^^^ furthest, th value of the same in the 
 
 manner directed by the county council ; but the valuators 
 
 Shreaf^ro"" ^^^^^ ^^^ exceed the powers possessed by assessor ; and 
 
 iwrty, the valuation so made shall be made the basis of equaliza- 
 
 ^ tion of the real property by the county council for a period 
 
 it is believed that the corporation may, on the discovery of fraud or 
 mistake, recover moneys due to them on accounts audited, altliough 
 according to the report of the auditors nothing is due, and notwitli- 
 standing the allowance of the accounts upon the basis of the supposed 
 correctness of the audit. See Reynolds v. Ontario, 30 U. C. C. P. 14. 
 
 {I) The council is to have the regulation and auditing of all 
 moneys to be paid, &c. The word "regulation " appears to refer to 
 an order prior to payment, the word *• auditing " to an act done after 
 payment. The council have, under section 266, a general power to 
 finally audit and allow all the accounts of the treasurer, &c., and all 
 accounts chargeable against the corporation. 
 
 (7») There waa nothing in the old law to prevent a daily audit; 
 but as i-egards cities and towns, there is now in this section an express 
 declaration that the auditors shall, "daily or otherwise," as directed 
 by the council, examine, report and audit accounts. The person 
 appointed would, it, is presumed, be subject to the disqualiiicatiom 
 mentioned in section 258. 
 
 (n) In rural muiiicipalities the accounts are not usually as numer- 
 ous as in cities and towns. While in the case of the latter the audit 
 
 W This applies to n 
 
270.1 DECLARATIONS OP OFFICE. 
 
 not exceeding five years ; ai d the equalization of jjersonal 
 oroperty shall be as heretofora. (a) 46 V. c. 18, s. 271. 
 
 197 
 
 Division VII. — Duties of Officers Respecting Oaths and 
 
 DeCLA RATIO' IS. 
 
 Declarations of ojice and qualification. Hecs. 270-272. 
 BefffTC lohom made. Sec. 273. 
 Cirtificate of declaration. Sec. 273. 
 Persons to administer oaths and declarations. Sec, 274. 
 Record and deposit of. Sec. 275. 
 Oaths respecting matters be/ore Council. Sec. 276. 
 Penalty for refusing office^ or not making or re/using to 
 administer declarations. Sec. 277. 
 
 270_(1) Every person elected or appointed under this Declaration 
 Act (b) to any office requiring a qualification of property in '^^^ ^^ 
 the incumbent (c) shall, before he takes the declaration of offloers. 
 
 may be "daily or otherwise," in the case of other municipalities it 
 may be " monthly " or •' quarterly," as directed by by-law. 
 
 ((i) Before the Act of 1866, a county council arrived at the value 
 of lands situate in the several local municipalities of the county, 
 merely by a process of equalization on an assumed or arbitrary 
 valuation, with the object of producing a just relation between the 
 different local municipalities without reducing the aggregate valua- 
 tion of the whole county. This was found unsatisfactory, and for 
 remedy section 176 of the Act of 1866 was enacted. The appoint- 
 ment of county valuators is the main feature of the remedy, and is 
 left discretionary with the county councils. The purpose of thv^ 
 appointment is "the valuing the retl property" in the county. 
 The duty of the valuators, when ap^'Ointed, is to ascertain the 
 value "in the manner directed by the county council," but on this 
 stipulation : that they (the valuators) are not tc "exceed the powers 
 possessed by assessors. " The valuing may be tis often or as seldom 
 as the county council see it, provided it be done in every tifth year 
 at furthest. It is not supposed that a valuation will be necessary 
 every year. But in some localities real property fluctuates in value 
 more than in others, and so, within the limit mentioned, a discretion 
 is vested in the county council. The section has reference only to 
 real property. The equalization of personal property remains as 
 
 heretofore. 
 
 (6) "Elected or appointed." As to the difference see note o tO' 
 sec. 186. 
 
 (c) This appUes to members of the council. 
 
198 
 
 Declaration 
 of qualiflca- 
 lion, 
 
 Form of. 
 
 TUB MUNICIPAL MANUAL. [g. 270 (1) 
 
 office, or enters on his duties, (d) make and subscribe a 
 solemn declaration to the ettect following : (e) 
 
 I, A. B., do solemnly declare that I am a Daturnl bom (or natur- 
 alized) subject of Her Majesty ; and have and had to my own ugg 
 and benefit, in my own right (or have and had in right of my wif^ 
 as the case may be), as proprietor {or tenant, a» the cane may be) at 
 the time of my election (or appointment, as the case may require) to 
 the office of hereinafter referred 
 
 to, such an estate as does qualify me to act in the office of (iiaminn 
 (he office) for (naviimj the place for which such perwn has been elected 
 ur appointed), and that auch estate is (the nature of the estate to Ik 
 specijied, as an equitable estate of leasehold or otherwise, as the cm 
 
 (d) The election of a head of the council is "a duty," within the 
 meaning of this section. See In re Haiok and Ballard, 3 U. C C P 
 241. ■ • 
 
 (e) Notwithstanding the use of the word "estate" in the form of 
 declaration of office, a member of a council is neverthelesd qualified 
 if the rating of the value on the roll be sufficient in amount. Um 
 tx re!. Hole v. McLean, 6 \\ li. 249. It was attenipted to 
 nnsuiit a member of a council (m the ground that he had not, iu his 
 declaration of ofhce, specified the nature of the estate ; but it was 
 held that such an objection could not be made a ground for setting 
 aside an election under the summary provisions of the statute. Rm 
 ex rcl. llaMed v. Firris, G U. C L. J. N. S. 206. Until a person 
 has made the declaration recjuired by this section he has no riuhtto 
 exercise the functions pertaining to the ofHce to which he is oleeted 
 Where an alderman elect did not state in his declaration the nature 
 of his estate, or the value of the land, but declared that his i.roperty 
 was yutlioient to qualify him " according to the true iiitent and 
 meaning of the municipal laws of Upper Canada" the declaration 
 was held insufficient, lieg. ex rel, Vlauey v. iSt. Jean, 40 U. t'. Q. B. 
 77. It is to be observed that there is no declaration in the statute to 
 the efioct that an omission to take the declarations recjuired shall be a 
 forfeiture of office. See Ueij. v. Jluniphre//, 10 A. & K. 335. Where 
 the declaration of (jualification had not been made leave was given to 
 the deleudant to make the same within ten days, otherwise leave was 
 granted to file an information on the ground that the defeudant 
 lileg^dly exercised the franchises of the office. lieij, ex rel t'lanois. 
 Conwai/, 46 U. C. Q. B. 85. An aUlermau's right to the office on 
 the ground of an insufficient declaration of qualification and for the 
 want ol" qualification may be (juestioned by a (/no warranto at the 
 instance of a ratepayer not a voter of or resident in the ward. %, 
 ex rcl ('lanoj v. St. Jean, 46 U. C. Q. 13. 77. A refusal to take the 
 oaths of office has been held e(]uivalent to a refusal of the ofhce. 
 Rex v. Larwuod, Carthew 306 ; Exeter v. Starre, 2 Show. 158 ; S. C. 
 ill error, 3 I^v. 116. Upon the declarations being made, the office 
 liccomes full, de facto. Bex v. Swifer, 10 li, & C. 486 ; Bex v. H'ij- 
 cheater, 7 A, &. E. 215. Before the court will entertain an applica- 
 tion for a <}u<> ivarraulo, it nnist be ma le to appear that the declara- 
 tions required by the statutes were made. Betj. v. ,'ilalter, flA.4 
 ii 505 ; see, also, Bex v. Tate, 4 East. 337. See further, iiot« n to 
 sec. 277. 
 
271 (a).] 
 
 DECLARATIONS OF OFFICE. 
 
 199 
 
 
 (III require, and if land, the same to be designated by its local descrlp- 
 
 h-ofiim lor appointment, an the cane may remiire) was of the value of 
 eieLU"" \ ^x.-... ji.- ,.«/.. «\ 1 _» • _ii „i ij __j 
 
 rentt or othenime), and that such estate at the time of my 
 t,;.on (or appointment, an the cute may reifuire) was of the value of 
 ir le'wt {i<p6ci/yinij the value) over and above^ all charges, liens and 
 encumbrances aflfecting the same. 
 
 (2) Where any person has been elected as reeve, deputy- 
 fgeve or councillor of any township council he may, instead 
 of tlie foregoing declaration, make and subscribe a solemn 
 declaration to the effect following : 
 
 T yi. /?., do solemnly declare that I am a natural born (or natur* 
 fllizeil subject of Her Majesty ; and liave and had to my own use 
 ami knetit, in my own right (or have ami h id "ight of my wife, 
 tti llie cdrie may be) ta ]^ropnetor lit the time o .ny election to the 
 
 jggg of hereinafter referred to, such an estate 
 
 does qualify rae to act in the office of (nainimj the office) for (««>«- 
 lim III,' place for which such person has been elected), and that such 
 estate is (the nature of the estate to be specified and the land to he 
 ihthimted by its local description) and that such estate at the time of 
 Diy election was in my actual occupation, and was actually rated in 
 the then last revised assessment roll of tliis townsliip (namivtf it) at 
 ail amount not less than §2,000. 46 V. c. 18, s. 272 ; 49 V. o. 37, s. 4. 
 
 271. Every member of a municipal council, every mayor, 
 ami every clerk, treasurer, assessor and collector, engineer 
 or clerk of works and street overseer or commissioner ap- 
 pointeil by a council shall also before entering on the 
 duties of his office, make and subscribe a solemn declaration 
 to the effect following : — 
 
 \, A- B., do solemnly promise and declare that I will truly, faith- 
 fully ami impartially, to the best of my knowledge and ability, 
 execute the office of (insertimj the. name, of the office), to which I have 
 litiii ek'utud (or appointed) in this township (or us the cane may be), 
 an 1 thiit I have not received, and will not receive, any payment or 
 award, or promise of such, for the exercise of any partiality or mal- 
 veraitiou or other undue execution of the said otliou, and that I have 
 nut by myself or partner, either directly or indirectly, any interest in 
 any contract with or on behalf of the said Corpor.-vtiou. 51 V. c. 28, s. 15. 
 
 272- (a) Every returning officer, deputy returning officer, 
 poll clerk, constable and other officer a|)pointed by a council 
 shall, before entering upon the duties of the office, make and 
 subscribe a uolemn declaration to the effect following : — 
 
 1, A. B., do solemnly promise and declare that I will truly, faith- 
 fully and impartially, to the best of my knowledge and ability, exe- 
 cute tiie otlice of (inserting the name nfihe office), to which I have been 
 elected (or appointed) in this townsl-.'p [oi as the case may be), and 
 that I have not received, and will not receive any payment or rew.Trd, 
 or pruniisu of such, for the exercise of any partiality or malversatiou 
 «r other undue execution of the said office. 51 V. c. 28, s. 15. 
 
 
 
 Declaration 
 of ofBce to b« 
 made by cer- 
 tain office ra. 
 
 Form of de- 
 claration of 
 office. 
 
 DtHslaration 
 of returnins^ 
 officers and 
 otiiera. 
 
'['''. 
 
 200 THE MUNICIPAL MANUAL. [g. 2T> 
 
 decfw»uon ^'^^' "^^^ Solemn declaration to be made 6j every auditor 
 (g) shall be as follows : 
 
 Form of. j^ ^ £^ having been uppoiated to the office of Auditor for the 
 
 Municipal Corporation of , do hereby promise 
 
 and declare that I will faithfully perform the duties of such otlice 
 according to the Iiest of my judgment and ability ; and I do soleninlv 
 declare, that I hud not directly or indirectly any share or interest 
 whatever in any contract or employment (except that of Auditor if i 
 re-appointed) with, by or on behalf of such Municipal Corporation, 
 during the year preceding my appointment, and that I have not anv 
 such contract or employment, except that of Auditor for the present i 
 year 
 
 46 V. c. 18, 8. 274. 
 
 • 
 
 Before whom 273. The head and other members of the council, and the I 
 to be made. Subordinate officers of every municipality, shall make the 
 ' declaration of office and qualification before some Court, 
 Judge, Police Magistrate, or other Justice of the Peace! 
 having jurisdiction in the municipality for which such head 
 declaration**' niemberg or officers have been elected or* appointed, or before 
 the clerk of the municipality; (h) and the Court, Judge, or | 
 other persons before whom such declarations are made, sli 
 gi /e the necessary certificate of the same having been dulv | 
 made and subscribed (i). 46 V. c. 18, s. 275. 
 
 Ceriain 274. The head of any council, any alderman, reeve ori 
 
 •dinl"stor' deputy reeve, any Justice of the Peace or clerk of a munici-l 
 
 Mth"'"te P"^ity ^^Yf within the municipality, administer any oatU 
 
 withiii mu- affirmation or declaration uiider this Act, relating to tie! 
 
 niciiMiity. bujjinegj, of the place in which he holds office, except wherel 
 
 otherwise specially provided, and except where he is tbl 
 
 party required tu make the oath, affirmation or declaratioj 
 
 (j). ' 46 V. c. 18, 8. 276. 
 
 (g) See sec. 258. 
 
 (A) The administering of the declarations of office is so far obiigiJ 
 tory as to be enforceable by a penalty. See ^ec. 277. 
 
 (t) The certificate is to the effect that the declaration has 
 made and subscriJied — two things essentially different, but 
 necessary to complete the taking of the declaration. See Iteg. txr 
 McMamia v. Feryimn, 2 U. C. L. J. N. S. 19. 
 
 ( )') The authoiity of the officers named, is not to adminigterii 
 oaths, affirmations or declarations, but only such as relate to I 
 business of the place in which the officer administering the oiti 
 affirmation or declaration holds office, and thus is made subject ll 
 two obvious exceptions : 1. Where otherwise specially providtl 
 2. Where he is the party re(][uired to make the oath, aflirinatiog^ 
 delaration. 
 
 pi Tills section is o 
 Trsciis ili.s(jualitJe(l i,i 
 JJigli vU'ctvt], „-o„l 
 Barations of office a 
 P- Tlie a(;eeptan 
 pie with the first U 
 V IH Am. 25J. 
 
 . The section only 
 »» .ippi.intcl oreJ 
 ^e<l. /i<i/. ex rel, J 
 ipp'y where anothe 
 Iicers other than th 
 
 )Theacccj)taneeor 
 
 Iman o/Iiro when ,1 
 I /';,'/. V. .!/«//. 20 L. 
 
 F' '" «'iso of i„.ge,; 
 26 
 
a 277. J 
 
 DECLARATION OP OPFIOK. 
 
 275. The deponont, affirmnnf «.. j i 
 every such oath, affirmation ordectraHn"" m '^^" «"'^«°ribe 
 a.lrainisfcerins i,, (^) shall duly ceTt ifl !.?' ^ ^ """'' ^''« Person 
 aiKlwitlun eight days deposit the ^n" •^'T'''" *^« ^'^'"e, 
 clerk of the municipality to the h^^? '!! *^^ ^^^^ of the 
 h(i V. c. 18, s. 277. "^ ""^ "^^"s of which it relates 
 
 J 9J6- The head of every coi "I 
 
 IclMirman tl.e.eof, may adminiNtJr a „ Zt" ^'^ '"'^'^^ce the 
 la 7 [.eisou concerning any acconni 'J'' affirmation to 
 
 Iniitted to the council. (,n) 46 V " is'' o ""itter sub- 
 
 277. Every qualified person duly electedl'^n • 
 jea rn.'.yor. alde.man, reeve or demuv 1 «PPo>nted (n) to 
 
 Uur.cee, f..ssessor or collector of or fn'^' ''^""^'"o'', police 
 
 rLo ..A.ses st..h^, (^,^ ,,.^j^^^ "ot^'^Stvenf^^lJI 
 
 (^j A deponent is, one M'ho mi^^ 7 ]^ — — 
 
 Be who by law is permitted to nffi! * . ^"^ 0**^ ; an affirni„«f • 
 
 L.ired to ,„ake a,! oath ; Zt tZlt^ ^">---" l---^d be 
 
 f .nakn,g e.tl,er oath or affinnation? S ^ I'll''' J T^' ' '"^'ead 
 
 (/) See note h to sec. 273. "" '^'^ 'laration. 
 
 [(/«) Heads of councils mav unrJpr « 4.- 
 
 iBrmations or declarations "rollf; !^''*"'" 274, r.dmini«,fpr *u 
 Eich he holds office " Thi^ ^'^'^J'"^' *» tJ'e busi. ess of I. i"''*'''' 
 Witions "concennnL'!;«,! *'"" ^**""'I« the no„p, V ^^.T'' '" 
 
 .loahe council, to adist'rU'^-f /.» *''f -^c " 'tl^ 
 on . I he purpose, apparently is thff V "*"'"^'' '"^ths or Jrirm 
 
 (K) This section is only oblit/a fn-^ 
 
 rsons disqualified undr^r spnH ^l "P°" UUalified nerson. 
 
 llamtions of office and QialiLnfj ''""'' '»« 'joimd to tT lu' 
 
 i'ply where an.)ther M'as ,.»/„,' .'^ ^''- & B. 249 j""*®" (^f 
 The acceptance of fl,„ r.w , •*• ^^ "• 
 
 201 
 
 Oalli, affli . 
 iiiiitlon or 
 tJeolaratloj) 
 tu bu sub- 
 scribed and 
 JupoRited 
 witli clerk of 
 c'unicl- 
 pailty. 
 
 H^ad of 
 council may 
 adininister 
 certain 
 oaih», 4c. 
 
 Penalty for 
 refuHinpf to 
 acivpt office, 
 "riidmiuiN- 
 tvv di-elara- 
 tioii, (Sec. 
 
202 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 277, 
 
 after knowing of his election or appointment, niuke t'le 
 declarations of office and (jualitication where a propeity 
 qualifieatiou is required, (q) and every person uuthui iy.ed t,) 
 administer such ^.lecliirution, who upon reu-sonablo «ioiniui(| 
 I'efusea to administer the sunK!, (r) shall on summary oonvio- 
 tion thereof before t\\o or more JusticciS of the Peace, t'oilcit 
 not more than ij^SO, nor less than $H, at the discreti<>ii of t!, 
 Justicef. loiaeuseof tlie municipality, together vviih llie cost 
 <■» |M. . ,' ,tio . (n) 4 '6 V. c. 1 ', s. 27'J. 
 
 Divii'ioN '^ I ' — Salariks, Tenuke of Okkice and SeCI'UITY, 
 
 Appointment and rmnuneration of officers. .Vcc. 278. 
 , Tenure of office and (hUies. ISec. 279. 
 
 Gratuities to retirincj officers. Sec. 280. 
 Security to be yiven by officers. Sec. 281. 
 
 saliirieHof 278 — (1) In casc the remuneration of any of the officers 
 of the municipality (*f) has not been settled by Act of the 
 
 information, Jt'u- v. ll'ooi/roiv, '2 T. II. I'M ; J'tx v. Lci/land, 3 M. ,15 
 iS. f8(5, or niaiuiiimus, 7iVa' v. W/iiturll, a T. H. 85 ; Jtcx v. Jiuwtr, 1 
 B. &'. C, bS'i, ill the disoiutioii ».-f the Court, /'I'x v. (Ironrcntir, i.^str, 
 1193: lie<i,\. Hiniij( r/ord, 11 Mod. 142. But, in any event, it must 
 appear that the i)erson elected liad notice of the eleeticin. Itnj v 
 Frtfce, 5 Q. H. 94 ; L'aj. v. Coid:^, 3 K. & B. '249. 
 
 (7) Casual inforiiKitioii lo not sultieient. Before an elected officer 
 can l)e visited with lieavy penalties, inipo.oed for neylectin^' to antnt 
 his office, he must have regular notice of his election, eitlurliy liciiii' 
 present wlien it is announced, or Weing apprised ol the fact liy .some 
 official authority. AV7. v. Prtcr.e, 5 Q. B. 97 ; sec also Lomlun v 
 Vanacrt, 1 Sulk. 142. 
 
 (r) The ■idminiatering of the declaration is purely a ministerial 
 act. But it has been held that the per.s<»n administering' it, sd far 
 acquiesces as to disentitle hini.self to be a relator in proceedings tost; 
 aside the election. lii'<}, v. ilrifue, 2 Q. B. 400. 
 
 (.s) This section does not declare that the payment of the fine shall 
 be in lieu of service. Mere payment of the tine is not any exiiise for 
 non-acceptance of the olhce. tSee lifx v. liownr, 1 li. &"C, M.'i, and 
 lietj. ex rel. lilandvll v. Rochenter, 7 U. C. L. J. 101. Nor isitde- 
 clared that the omission to take the declaration within the time 
 limited shall be a forfeiture of ollice. lieij. ex rel, Foi:ii///i v. Ihkii, 
 7U. C. L.J. 71. 
 
 (rt) Under a power to remunerate all " township o^'ivnv," it waj 
 held that municipal councillors had no authority to reiiiuneratt! 
 themselves. In re Wriijht ami Cornwall, 9 U. C. Q. 15. 44'2; lkmh\ 
 V. Bur/ord, 10 U. C. y. B. 478 ; /liast A^mouri v, JJommuin, lli U, 
 
 m^i 
 
278 (1).] 
 
 RBMUNEKATION 01' OFFICERS. 
 
 203 
 
 Tggiglfttiue (h) tlie cc. ncil shall -jettle the same, and the 
 council shall provide for the pnyment of all municipal officers 
 ^rhethei" t'"^' remuneration is settle>' by statute or by by-law 
 of thecou. oil. f") 
 
 ., Q }i. 576. And it was made a question whether the warden 
 of (J county, or t»i'" '■ a of city, is to be deemed jin officer, so as to 
 l^f-'itleii t , reiuunek-ation as such. Rfij. v. (/ore, 5 U. (!. Q. B. 
 ')57' hi ri' McLean and (\>rnw(iU, 31 U. C. Q. H. 314. Hut now 
 such tiiiet tion.-i are to some extent set at rest , tor the council of 
 tvcrv lownHJiip and county may pass by-laws for paying the mem- 
 Ijeri) of the council for tlieir attendance in council, sec. "231, and so 
 tlie lieail of the coui'cil of any county, city, town or incorporated 
 villa"e may l>e P'^id ^ ,ch annual sum or other remuneration as the 
 council sees tit. Sec. •z„2, 
 
 [h] Where a Municipal Council, in 1850, passed a vote asuignhi'r 
 to the Clerk of the Peace a Hxed salary for that year " in lieu of • " 
 fees " it was I'eld that this did not dehar him from olaitning t\,-a 
 alloweil l)y the .Inry Act, 13 & 14 Vict. cap. T)"), which was passed 
 siibseciueiitly in the same year. Priiiyle v. McDouohl, 10 U. C. '^, 
 15. 2ri4. (Jeneral power to fix tho compensation of its oHicers, c 
 not aiitliorize the corporation to take away the fees of an otficct 
 siwcilically fixed by their charter. Vnrr v. .S7. Louis, 9 Mo. 190. 
 So, if the Legislature provide that one board shall fix the remunera- 
 tioii of coriioraticn officers, it is not competent for another hoard to 
 (In so Pi'oiil" V. AiKd/omof Mayne, 13 Mich. 233 ; In re Prince and 
 Uontu, -io U. 0. g. B..175. 
 
 ((•) Municipal oJTicers are not entitled to compensation unless the 
 ri'ht to oduipensatiim is expressly given by statute, by -l.iw, resolution 
 orcdiitract. Joiieit v. Carmarthen , 8 M. & W. ()0.'> ; I'/ioinanw. Swan- 
 »,a,-l l»o\vl. N. S. 470; Req. v. Rrest, 16 Q. B. .32; Rnckford, Ac, 
 It. »'. Co. V. SiKje, IG Am. .587 ; SU-en v. Hatfield, 13 Uray (Mass.) 
 Sie Dillon on Municipal Corporations 3rd Kd. s. 230. And whore 
 iiiiivisioii is made for their remuneration by salary, they have no 
 claim for compensation, extra the salary, for services alleged to be 
 (lutMile of their oflicial duties ; lb. s. 233 and for this reason it has 
 liocii lielil that a promise to pay extra the sum Hxed by by-law or 
 re Militioii on the subject, is not binding, though greater services have 
 liien Riiilered than could have been legally exacted ; lb. s. 234 
 luul, iudieti, in the interest of the public the rule has V)ecn 
 iiirieil .so far as to prevent a municipal officer recovering a reward 
 iiirii strviee end)raced within his official duties, such as the capture 
 1)1 II thief i)y a constable. Gilmort v. Leuns, 12 Ohio, 281 ; Pool v. 
 IMoii, r> ('usii. (Mass.) 219. Where a town corporation appointed a 
 cliief of police at a named salary, stipulating that he should act as 
 cmmty conxtalile within the town only, and account for ai^d pay over 
 all lees received by h''u from the county as a reward for services 
 perionneil hy him as county constable, it was held under .^ & 6 Kdw. 
 (iaiid 49 lieo. 3, c. 1"J() that the agreement was invalid. Stratford v, 
 
 WiLioit, 8 0. R 104. {Salaries, when voted, should be given juj 
 I salaries, arui imt as acts of grace or mere rewards for merit. In re 
 ' McLtin and ComtcaU, 31 U. (J. Q. B. 314; Htnltp v. Sacramento, 
 
 
'20i 
 
 THE MUNICIPAL MANUAL. [h. 278 (2). 
 
 
 Mode of ap- (2) No iiiuiucipHl counoil hIuiII aHsiimo to make nnv 
 appointiuetit to otlice, or any afniiigcineiit tor tlio diHcliiuve 
 of the tlutioH tlM;ref)t, by tender or to applicants at tlio lowont 
 remuneration, (t/) . 
 
 diiaiity""*"' C*^) Where a solicitor or counsel, is eniployod by u munici- 
 •mnioyiiig pality. whose remuneration is wholly or partly by KJilmy 
 J^ja'py^'iay" annual or otherwise, the municipality shall, notwitlistiindiiijr' 
 liave the right to recover and collect lawful costs in hiJ 
 actions and proceedings in the same nnmner as it" the sulioitor 
 
 s. m.] 
 
 recoTtr 
 eorU. 
 
 2 Cal. iiSO; Smith \. Commouvmlth, \\ I'a. St.'.TJu ; Dtrot/ v. Xtw 
 YoH; .SO Hnvh. (iN. Y.) 1(;0 ; /i/nfkii v. I'hilatliliihia, (JO Pa. st! 4(;.i . 
 Phi/atlifji/iia V. (iiriii, Jit., \'M). Hy-IawH lixiiig siil.iries art- not' 
 pir ,s< , to l)u Itxikt'd 11)1(111 iiH foiitractB. Commoiiinfdih v. Jlaion (! 
 Scrg. & Hiiwle. (I'a.) 3'J2 ; linbr \. PUfshiinj, 4 I 'a. St. 4!); 
 Dillon on M>uiiii|tal C<n|)oratioii8, .Srd ed., soch. 'J.'}|, o.'ij 
 The coritoratioa inny iii(lciiiiiity its own oflicors in niattoiH in 
 which tlio corporation Ih intoreHtetl. /Mc v. Mii/il/,/„i,^ jo 
 N. If. '27>S ; liilij'jx V. il'hi/iji/t', () V't. Oij ; liancroft v. Li/ini'ili/J 
 18 Pick. (.MasH.) ."lOC ; llfiUntt v. Stnoi/, li Cusli. (Ma.s.H.) M()\ ,V,/v,„| 
 V. Miljuiil, 7 Piik. (Mas.s.) IS: //n.ii/Ji v. Ifniirnr^; ^(Jiay (.Mihs.) 
 5'2() ; /'hi/' v. /''ra id/on/, 1) (iicunl. (Me.) 115; li(tk<t\. IVim/l,. ,i, 
 
 3 Maine 74. It i.s otherwise wiieio the corporation in not iiitirtstKl 
 or conct'iiied in the matter involv.d. Jlalsttdd v. Xni' ioz/i, .3 
 ConiHt. (N.Y.) 4:<0 ; Morris v. /"><,fi/,, .'} Dcnio. (N.V.) ;{,sl ; /',y, 
 V. Laii'niK-i, (> Hill. (^■.^'.) 'J44 ; lUtnk v. Sii))f rri.tvri, 5 Diuii) (.\ 
 v.). '.17; M<rrill\. I'lnniliM, 4a N. M. I'iO ; IVz/o «/ v. X/»/»,/!'' 
 12 Cii.sli. (N.V.) HCh /'//.v V. Mli/dhfoH, I'J N. II. 'JKI. An indrm.' 
 nity to an otlicer for lairj'nl arf/t gives him no claim Urr conipiiis.itinii 
 against the conHe(iiu'iicc.s of unlaw ful acts. Inriii v. Mrirljniia, '22 [', 
 ('. ('. I*. .S07. A l)y law to indemnify a councillor for tlio ((..sIh 01 a 
 conte.sti (1 election woiih! iic illegal. In re Ihll innl Mininrs, J L'. (',• 
 C. 1'. .")<•;; 3 IJ. C. C. I'. 100. An agreement It^' a coi'iHiratioii with 
 ono of it« oUiceiH for an increase of the salary (»l ;in olliec ictaiiitd l,y 
 him as compensation lor the loss of an othce of which he was(Ie|>iivc(l, 
 is not binding unless under the Heal of the corporation. I!ni. v. sutm. 
 ford, (} t^>. H. i',VA ; see also Copt v. Th(iin<n, Ikr., Jjor.l and /t'll/ruml 
 
 Co., 'A Kx. H4I. S(» the appointment of a corporation solicitdr sIkhiIiI 
 be under (he corporation seal. Arutild, v. I'oo/(, 4 .\l. & (i. SW. \ 
 town clerk, if a solicitor, may havtr a lien (jn papers of the corporatimi, 
 with respect to which ho hiis dono work as Bohvitor. Ji'ix v. Sinibu 
 6 A. & K. 42:{. 
 
 {d) The lowest tender is not always the moat satisfactory fnr 
 acceptance; and so much has this been found the case in tlieiii;iii:i<.'i'- 
 nient of municipal allairs, t.iat the Legislature has been conipi^'ilid tu 
 interfeie. I'oor pay, poor service is generally the ride, (iood |iav 
 to gootl servants will, in the long run, be; found to be true ccorinniy, i 
 Notwithstanding, this provision apparently intendeil to pri\^'iit { 
 public othces fmm being put up tn public competition, |)id)liu <j|tiial4 
 too frtMiuently rcci ive tlie lowest remuneration upon the ground that 
 others cau be fouml to till the utiico for even a less sum. 
 
 or counsei, 1 
 tiio terms ( 
 coiinHeJ OS p 
 ((/(/) 4GY.C 
 
 279. AIJ( 
 
 imlil remove 
 
 (liidVs ussiiriu 
 
 r«'(jiiir«'d o( t) 
 
 the council. 
 
 ((/(/) As to tJu 
 costs. ,See Juri 
 Shfiii.ioii Y, c'iti/ 
 
 («') Tin's seotiot 
 
 iPiittor irJiat the. 
 
 j>ita8iire. The ih 
 
 moYvil hy the Coi 
 
 than at any tijiio- 
 
 Liilt'.w, at all even 
 
 ii'idiir the corporaf 
 
 hirnig L(. ijifei-red, 
 
 me of tile couijcil 
 
 r>-m;Ji,rfr/n/v' 
 mu,id V. Mcl.irj^ oc 
 
 ji"''li%' a freeJiohF 
 
 Uiiuretlie appoint/ 
 
 coriwatjoinnthout 
 
 ^•^'■C. /•.4;{4. A 
 
 "H'ltofaMnmicipai 
 
 luilustknouledgoof 
 ^mJ every futiy.,. „ 
 
 •" th'i council to re 
 (/w, J J Coke 98 (/,), 
 V,8T. f{.209; /. 
 
 .(: hi. .St. 47,s • A' . 
 
 ''«"', .3 ]>litch. (V I ' 
 
 "''■^'^<yofToroni\ 
 
 "'■lie service in „.,„•;. 
 
 /^'"""•'"ciiit.lenves 
 ;;'l«^''ty. sud, o/h-cer c 
 
 "•^•euriwation. sottst 
 
s. 279.] 
 
 TENUHE OP OFFICE. 
 
 or coiinfleJ, wnu not receiving « „oi 
 
 the terms of Lis enjployroent ,^\ 7'^'^'' ^^'^ costs Hre bv 
 
 279. All officers apDointnf? k., 
 
 ./"ti.s«s8.gmK| to thorn in tl.is 4! , ,' "' "*''''^'«" t« the '""'*■ 
 iv(]iiire(i of tfioiji by hiiv »/i ' I'«''^"»m all otJ,e,. ,i„f 
 
 tiie council. (/) 4^ '^"^ " 'i^-* «tatuto, or by tl.o v I '''. 
 
 1^05 
 
 cos 
 Sf, 
 
 (iM) As to tlie eUect of Z/Z^i. ' ' — — _ 
 
 (e) Tlii8 section applies to «ll * " 
 
 latter uJiat tlieir r 1..I. . '*'''«-'«r8 annointo,! 1 ., 
 
 -e.l l.y tl.o Councu'*';::: Jl!:^* . "'«y ^«-« to hZ 'IZH^:::^ '''?""« 
 
 
 ti'i'l'T the c..r,.oiato seal n^ ,, **" f^^Pomtinont af ^ 'Ji^ c.,»ncil. 
 lire of tlie couuci s«« T . "» "'>l«liuir ux..,., f 1 •"'^' « y*-''"-ly 
 ;««..(/ V. Mcl,,ri '>u ir ,V '/ ! '^- ^. C. p. iru c. ^ ' '-'• ^- O. 
 
 ''•"«re theappointn^ent ;•« uri.?''"f .^- ^''/•^«^iVVH''"r ''"'''•**'• 
 coipomtio,. xntJ,,,,,^ proof,/' / "?'' »<= n>ay be ht j hi. i"' •^- '''3«- 
 
 ""'i>very futu^x, l.!,..^^^"!'';"^^ «„ the nl'L .'"«'• ^ith t4 
 
 'kcorijomti,,,, 80 a«? "°'.^^ regarded as thp «^ '" '*« corporate 
 
 .>'(#i-« 
 
S06 
 
 TIIK MUNICIPAfi MANUAL 
 
 [■. 280. 
 
 m*y'bl'Jir«ii ^80. Any municipal council, other than a proviHional 
 In Mrufn Council, nmy grant to any otlicer who has been in the Hervici 
 
 eoMi. 
 
 ice 
 
 of tho Municipality for at leuHt twenty years, anil who Iiuh 
 while in such serviuo, become incapable through old n<'o oi' 
 efKciently discharging the duties of his office, a sum not ox- 
 ceediMg his aggroafate salary or other remuneration for tho 
 last three years of his service, us a giatuity upon his renioval 
 or resignation, (g) 46 V. c. 18, s. 282. 
 
 tion^Ac., 281. 'rho bonds or jiolicies of guarantee of any incnrjio. 
 
 mny mH-tfpt rated or joint stock company, empowered to grant "uar m 
 
 security of , , ;' ,. . i, ',, /. ^ ' .^ , ^ .f; ,. , i^ """■ 
 
 mrtaiii 
 
 mmpaiiief) 
 
 for their 
 
 oflUcarn' 
 
 tees, bonds or policies for the integrity and faithful account- 
 ing of ])ublic officers and other like purposes, may be accoiitcd 
 instead of, or in addition to, tho bond or security of any oiK- 
 cer or servant of a municipal corporation, in all cases 
 where by the provisions of this or any other Act oi- of anv 
 by-law of such corporation, such officer or servant is ro(|iiirH 
 to give security, either by himself, or by himself and asiucty 
 or sureties, and whore the parties directed i>r autlioiizcd to 
 
 •uAnotiiriii take such secui-ity see fit to accept the bond or policy of smli 
 company as aforesaid, and approve the terms and conditions 
 thereof; and all the provisions in such Act rolatin" to 
 siich security, to be given by such oflicer or servant, or 
 his sureties, shall apply to tho bonds and policies of ^jnaraii- 
 tee of such company as aforesaid, which may be taken insttiul 
 
 »«• cniu;eil«(j. of, or in substitution of, any existing securities, if fli(> parties 
 directed or authorized as aforesaid see tit, whereupon such 
 
 PrOTlniODd 
 
 rnpcctintr 
 
 chfi 
 to apply 
 
 Existing 
 bonds may 
 
 (</) As municipal otiicerB hold office until removecl, a ronioval niay 
 be had fnv any cause, or without cause. 8ee note f. to seu. 27!). If 
 the power of renioval were oiiiy for cause, ohl age would not be good 
 cause. Bae. Abr. Oorp. E. 9; Ifazard'n Cane, 2 llollu II. But as 
 the holdinu is ditturent, an old servant might he <li8ini8Hed siniplv 
 because old an<l worn out in the service. In sucli a case withdut 
 legislation, there is no power in a nninicipal corporation to grniit a 
 
 f;ratuity. Service for any period leux than twenty years, or incapacity 
 roni any other cause than old age, gives no right to the excrcitieiiftiie 
 power. The amount of the gratuity, which is to ))e paid in luilii, 
 mustlje a sum "uot exceeding his aggregate salary, or other reiniin- 
 cration, for the last three years." The gratuity is only to be paid 
 on removal or resignation. The decision as to a gratuity, when made 
 under the circumstances and withiu the limits prcscriheci, is uot sub- 
 ject to review l)y any court. Re. Hnj. v. San(hnch,'lii.K^%,i 
 C. Ill error, 10 Q. B. 563. There is a distinction hetween gratuity I 
 and annuity. See (I'ihxon v. Ea>>i India Co., 5 Bini,'. N. C. 1'6:'; 
 Clarke v. Imperial Oa-i Co., 4 B. & Ad. t315 ; Inuenx, Eaxt India Co.,\ 
 17 C. B. 351 ; Marchant v. Let Comervancy Board, L. R. 8 Ei. | 
 290. 
 
» 282.] JURISDICTION OP COUKCILa. 
 
 viHtlriff «ecuntie« shall be deliv«..«j . . 
 
 fJ V. c. 18, a. 28.3. ^^"^^'^^ "P ^o be cancelled. (A) 
 
 id 
 
 207 
 
 Title 
 
 PART VI. 
 OENERAL PROVrsrojVs APPriPAnrr, 
 
 iir.--RKspKCT.N(, fjn;;.^,,^; 
 
 IV.— AhnrrKATioNH 
 
 I'oufined to municimiUtu / 
 
 (;n,.ml po,vers. ics. 28;/ ohV^"""'*"^' ^''^- 282. 
 /•/v«/tr.«' Ucemefees. See. 2^ ' 
 My not (/rant mononoliea A'L . 
 
 ^^7 y ol^es^J,.,cept as to ferries. Sees. 286. 
 
 '«P»esent8, except "^•-•"""ciiH. 
 
 f ! 'r ""*"V" "" ''' ' ""' «• «• o^'i'W — - — — 
 
 (a) Ihe wonl "jurisdiction" in h.m 
 Mmiieipal corporations an. f ll '^*' "««<' n the spn.o c 
 
 can exercise mo power. h,f r^ «'-«''t"'-os of tJ: ; fSS ''^ P°^«'-* 
 the Act under wl ioh ? *"""* "''•'^'J' are conK ."'"''• They 
 
 to the exercise ^ thel "^ '"*" "•"»«<^'t''fce.l or « ,ch * "'^" *'""'» **>- 
 1 corporate .hities and M "'•'^'^'''te powers the trf '""'^ "ecessary 
 a^riation This nJin^ /'^"^""'I'l'Hhnien o /he '::'''"'*""'"« «^ their 
 tion, tbe mode in'^3;;« ''-ived fronrthe na^urrf '^^ *''«"• 
 affiursmustbe condiSed ^^ '""« "'•K'^nized, and .Tj^u'^P'Tora- 
 n.le, the act and wi i of tL " ?«^'-We corLatLi *''^"' 
 will of the whole.Tr as the TT'h '« ^J^^nK Taw *?.* ^T'"^ 
 quence is, that a mtL.il ^'^^ °^ ""e corporate Li *x® '*''* and 
 
 Uainst their cUen .""t^eh":}; '^ r""""^ "o* oS?^.;itt?.°r«; 
 onerous ,h>ty, to pay mnl., *t" °'>''gation may erLTi '. "' ^"' 
 
208 THE MUNICIPAL MANUAL. [s. 282 
 
 where authority beyond the same is expressly given, (b) and 
 the powers of the council shall be exercised by by-law (o) 
 
 that if this liability were to extend to uitUmited and indi-fimtc olnects 
 the citizen, by being a member of a corporation, might he depriveil 
 of liis most valuable personal rights and liberties. The socmitv 
 against this danger is in a steady adherence to the principle statecf 
 viz., that corporations can only exercise their power over their 
 respective members for the accomplishment of limited niul defined 
 objects." Per Shaw, C. J., in S/iavh/iiKj v. Lowell, 23 Pick. (Miiss ) 
 71. See also Noyen v. Ma»on, 5 N. W. R. P95 ; In re Frank, :yl Keli 
 ')06 ; Green v. CapeMay, 41 N. J. L. 45. See further, note i to sec. 8 
 
 (h) A municipality, whether a county, city, town, townsbij) or vil- 
 lage is a locality ; and tJie council is the governing body of tiiat locality. 
 Beyond the limits of the locality the council has not in general any 
 authority whatever. For this reason, the section begins by declarinf' 
 that "the jurisdiction of every council shall be confined to the niuni 
 cipality the council represents." See note ;> to sec. 14, and note i[' to 
 sec. 20. A municipal council cannot in general, beuetit another 
 municipality at the expense of its own ; for inHtunce, build a school. 
 house in a township <if which it is not the representative, hut this 
 proposition may not always apj)ly as betM^een townships and counties. 
 ' For many purposes a tov/nship is within the jurisdiction of tiie coumii 
 
 of the county in which it is situate, and is subject to be taxed for county 
 purposes Ijy tiie county council ; but the right of a township ccjuncil 
 to tax itself in aid of tlie county is liniitftl. It would seeni that a 
 township council has no riglit voluntarily to pass a bj -law iniijosiiii; 
 :» rate in aid of a county ratu. FUtrhvr v. Eii/ihranin, \'A [J, c, Q. D. 
 I2J>. So the right of a townsliip ccmncil to pass a by-law in aid of 
 the cost of a school-house ordered by the county council is (hmlitfu!, 
 Kcnno/y v. S<in>lirii/i, 9 U. ('. if. IJ. 32(). A townsliip l)y-la\v wiis 
 •luashed as to so much of it as related to the raising of a sum of 
 money to defray the demands of the county council on the towuBhii), 
 and as an equivalent to the (Jovernment school grant, &c , it not 
 appearing on the face of the by-law that it was directed to the pur- 
 pose of meeting a deficiency, nor even that there was any, if that 
 would have autliori/.ed the by-law. Fletcher v. FuplmiHia, \o U C 
 Q. li. 129. 
 
 ((•) The jurisdiction of every council is not only to be coniUied to the 
 municipality the council represents, but shall be exercised by hy-Iavr 
 when not otherwise authorized or provided for. W hen a corporation 
 is duly erected, the law tactily annexes to it the power of Jiuiking hy- 
 laws or private statutes. This power is included in evciy Act of In- 
 corporatnm ; for, as is (juaintly ol)servL'd by lUackstone, "as natural 
 reason is given to the natural body for the governing it, so by-laws or 
 statutes art! a sort of j)olitical reason to govern the Ixxly politic." i 
 Bl. Com. 470. It woubl seem that this recpiirement refers only to the 
 exercise of jxjwers under this Act, and not to powers which may be 
 exercised under a special Act passed for other purposes or by another j 
 l^egislature. I'emhrtikcv. Canada Central Ji'y., .3 (J. it. .W.'?. Thougii 
 the power to make by-laws is unquestionahly an incident of every 
 corporation, it is rarely left to ii iplication ; but is risualiy conferred 
 in exprcsu terms. According to Lord Coke, the word "by" or] 
 
46 V. 
 
 982.1 EXERCISE OP POWERS OF COUNCILS. 
 
 •hen not otherwise authorized or provided for. (d) 
 
 1 18^sJ8 4. 
 
 „. II gignifies a habitation. Willcock on municipal corporations, 
 -1 Hence Ay-law or hye-l&w may be defined as being the law of the 
 ■ Ubitiviits of some corporate place or district, as distinguished from 
 "I' neidl law of the Province in which the niniiicipality is situate. 
 1 h'law '** * •'"^® obligatory over a particular district, not 1) ing at 
 
 •riMce with the general laws, and being reasonaiily adapted to tlie 
 ouiposes of the corporation. Oozing v. Velei/, 19 L. J. (i. H. N. S. 
 k ^ by-law must be reasonably clear and unequivocal in its lan- 
 
 aire i" order to vary the common law. Crowe v. iSteeper, 46 U. C. 
 Tb 87. A by-law has the same force, within the limits of the 
 
 uiiioipi»lity> and with respect to the persona upon whom it lawfully 
 .f.,g as an Act of Parliament has upon the people at large. 
 IDi'l-'v. Sivansea, 4 M. & W. 621 ; sec also /{,;,■ v. <.hl>r, 32 U. C. 
 n B 324* Heeland v. Lowell, 3 Allen (Mass.) 407; Preshyterinn 
 ibm-h V. New York, 5 Cow. (N.Y.) 588 ; linker v. I\,rthud, 10 Am. 
 Law Re". N. S. 559. The courts recognize judicially what numioi- 
 
 I QDuuoils are competent to do, and hold that it is not necessary for 
 ^Riii to recite in a by-law all that is requisite to shtiw that tliey have 
 p, leedtid regularly in passing it. Orierson v. Oiifario, 9 U. C. Q. B. 
 ^.y,- fisher v. Vawjhan, 10 U. C. Q. B. 492; see further. Rex v. 
 Ihnmon, 3 Burr. 1328; Jtoi/iaa Catholic Church v. Ihtlliiuorc, (i Gill 
 (M(1.)3'J4; Stuyoeysant v. New York,, 7 Cow. (N.Y.) 588. 
 
 i/| It i.s a common belief that a municipal body can do by resolu- 
 [tiou whatever may be done by by-law. Nothing can be more 
 erroneous, or more tend to the insecurity of municipal ^'overnment. 
 jijo Rnj. e-^ >'el- AllemaiiKj v. Zoiijcr, 1 P. R. 219. The general 
 iirineiple of the common law is that a corporation can oidy act 
 throii'h its seal, and the expnsss declaration of the Legislature liere 
 is that " the powers of the council nhitll be exeicised by by-law when 
 f,oli,t!itrivUe authorized or provided for." But among peoplf» gener- 
 allv, iuiil among the class composing municipal councils particularly, 
 tbtre is 11 dislike of formality, aiul, in consefiuence, the too freijueut 
 abaiuloiiiuent of by-laws for mere orders or resolutions. Now, the 
 proceciliiigs of a municipal council that may be lawfully had by 
 onlti' or resolution, are comparatively few and unimportant. A 
 byhw bluiuld not be dispensed with unless in a very clear case. 
 In fact, whenever a municipal council is in doubt whether it can or 
 aiuotdi a particular thing by order or resolution, it would be much 
 tiitr iniil wiser to use a by-law. Were this, as a rule, understood 
 1(1 followed, it would prevent much confusion in the administration 
 i immicipal affairs. Another common but erroneous belief is, that 
 imniiciiial council can by order or resolution do that which, if done 
 ihrmigh a bylaw, would be illegal. 'ITiis it cannot do. No munioi- 
 iiiimcil can do that informally which it has no power to do 
 kotiyaud fonnally. DauielH y. Ihirford, 10 U. C. g. B. 478. A 
 lylw, order or resolution, which revives an illegal by-law, is of 
 TO itself illegal. Canada Co, v. Or/ord, 9 U. ('. Q. B. 567. An 
 kr or resolution duly signed an<l sealed is virtually a ))y-Iaw ; but 
 liny onlers and resolutions pass by mere vote, witliout being thus 
 thfiitiiated. The municipal rules of proceeding generally require 
 ire formal steps to be taken in passing a by-law th.au in adopting 
 
 27 
 
 209 
 
 * '^yf: 
 
iij^'ifi'ls 
 
 J tl*^ 'ill' . '. ..• i 
 
 310 
 
 Oeneral 283 
 
 power to II 
 
 make rp^julu- Call 
 tlon!< : 
 
 TUB MUNICIPAL MANUAU 
 
 [s- 283. 
 
 183. Every council may mnke regulations (e) not specifi 
 y provided for by this Act, and not contrary to Ihw f,, 
 
 governing the proceedings of the council, the con<hict of it. 
 
 members, the appointing or calling of special meetings of (.li. 
 
 an order or resohition. Municipal corporations, however, m 
 become liable as wrong-doers for things <lone by direction of »? 
 council withrmt by-laws. Cro/f v. I'dcrhcouuh, 5 U. C (' P ■)•'* 
 Nerill V. A'o.s.y, 22 I J. C. C. P. 4S7 ; Davhy v. Crowlanil, 38 U vV 
 B. :VA8 ; Lewis v. Toronto, 39 U. ( ". Q. B. 343. The i)ower to n2 
 by laws necessarily sup[>osu8 the power to enforce th«!ni ))y pccinii' - 
 penalties, competent and proportionable to the oflence. See '^ 
 479, snl)-s. 17. In cimstruing a by-law, &c., the court will Ioq*! 
 the whole of it, to ascertain its meaning, and construe one purt w 4 
 another or otiieJ' parts, so as. if possible, to give full effect to tl 
 whole. In re iJitiin'ron and Eiuf Xissoiiri, 13 U. C. Q. U. igo '' 
 
 («) Tho word " rogidations" may be used in a general Hcngp a I 
 laws, or in a particular sense as infonnal resolutions. See /« )-rH ,;; 
 uinl lidhrilli', 'M) U. ('. (). H. 81. Jt is not clear in wliich Heiiseth 
 word is liore used. 'I'iie power is to make regulations for thepiiri|,,i/ 
 mentioned, and generally such other regulations as the good m tn I 
 inhaliitants re'|uires. Sec lions v. )'<)/•/• oud /*ffl, 14 U. ('. C!. j* ]"i.f 
 III r< lirodir mill lioinnouy'ilh', .'W U. C. Q. B. 580, /Voci/y i/ |i j 
 regulitioiis be hot contrary to law. ' ' 
 
 It is a princijjle ai>plicable to every regulation of a iimni.ii 
 coi'poratioii. lirst, tliat it Ix' not c(»ntrary to the Muuioi|)al Acts I 
 law autlio'i/ing the formation of the corporation, ami, «ecoii(lly tl il 
 it l)e not contrary to the general law of the land. ' r 
 
 Firsf ■ 'Vhii regulations of tlie municipal council nuist not bu inciji 
 sistent with thi^ .Muni(;i|)al A(its, for these Acts create it an artiiiijill 
 being, impart to it its power, designate its object, and prcsciilK i 
 mode of operation : tliey are in sliort tiie constitution of tlic iimfi 
 ation. Iltwice ail law.; in contravention of them are vnid. "pj 
 true test of all l)y-laws," says Mr. Justice Wdmot, "is tlic inuinioi 
 of the Crown in gi'.inting the charter, and tho apparent good nf tl, 
 Corporation." )i<.v v. S/niifi'r, 3 Burr. 1S38. .So of a imiiiiiipi 
 council ; it may he said that the true test of a by-law is tlv 
 intention of tlie bogishtture in incorporating the council, and lii 
 ajiparcnt good of the municipality utl'ected. Mr. .lustice Yatfs, 
 the same case, so id : "(Corporations cannot nuvke by-l.iwH cnntnti 
 to their constitution. If they do so, they act without aiitlhintTl 
 Ih. IS:W: but see "Tlie Case of C.u-poratio.ia," 4 Co. R. :;,-jj 
 As tr inscendiii!^ the Mnnici[>al Acts hy-hiws creating a new niijaf 
 imjMising an oatii of otlice where none is? reipurecl by the .^01, gitJ 
 a vote to a class of peisons not entitled to vote by law, qiialihii 
 persons to he candidates not (pialitied by the Acts, giving a castii 
 vote to an oHieer not entitled to it by the Acts, restricting oroxtt 
 ing the right of admission or eligibility to otKce, alt'Ting tlieu 
 scribed mode of election, or im])osing new or additional UsU h 
 (pialifications eitiujr on nuMubers or voters, would he void J 
 Angcll & Amtis on Corporations, 345. See also Hex v. Millfr,l)li 
 277 ; Hex v. linrher Siinj'ons, 1 Ld. ilayd. 584 ; Stati' v. /i)N(/«r,| 
 
283.1 POWKBS OF COUNCILS TO MAKE REGULATIONS. 
 
 211 
 
 nncil and generally such other regulations as the good of To repeal, 
 
 council, I* ' » , . •^ ••!•.• 1 " 1 'liter, etc., 
 
 iliabitiiiits ot the municipality requires, and !n;iy repeal, • • 
 f ug,. „ntl amend its by-luws, save as by this Act restricted. 
 
 l\ft 
 
 lit 450 • Tlioyiipxon v. Carroll, 22 How. 422; Andrewn v. Inmirance 
 iCo\' M"'"*^ -'''"' ^'* ^^ '^''f "• ^^tniivtrn, 3 U. C. C. P. 390; Re 
 r/flri'""' Tioriiship of Howard, 9 O. K. 570. 
 
 Vrfoiirf— Tlio law of a country being ao well a rule for the proceed- 
 -oiiif>nition8 as for the conduct of individuals, 
 
 void.' "All 
 
 K. „f coiponitions as for the conduct of individuals, all by-laws 
 
 luy to tlie conuiion or statute law of tlie country arc 
 I . Ij^Vi, ■' says Holiart, " mua*: ever be subject to the gnneral law of 
 
 coiitniiy to tlie conuiion or statute law of tlie country are 
 
 bvlaws. ' siiv'' Holiart, " mua": ever be subject to the g'!;i 
 
 j|"g',^nlin luitl Hubordinato to it," Norrli* v. Staps, Hob. 210. See 
 
 ilso i'l'i"'^ ^' •*^'''''/"'''' '*^ U. C. Q. li. 87. For this reason, a by-low 
 
 "impftii'i''K *''" obligation of contracts," or taking "private property 
 
 ijjpuljlie uses without just compensation," would be void. Angell 
 
 *Anie» on (corporations, 3.'W. Hut where a Ktatute autlmrized the 
 
 curporatioii ^f a ^^Jty to make by-laws " regulating," or, if necessary, 
 
 •'preventing. " the interment of tlie dead within the city, it was held 
 
 iiliat tliong'' that cori)oration had granted lands for the purpose of 
 
 IhitimHnt. anil had covenanted that they should be quietly enjoyed 
 
 Ifortlat puriHise, yet that the corporation was not thereby estopped 
 
 Ifrom nissin;.' a by-law forbiiiiUng siioh interment, under a penalty. 
 
 |//( Tliii L' 181' wan decided on the grouiul that the legislative ptiwei' 
 
 the coriionitioM over this subject was deli.-gated to it for the i/ood 
 
 fVA''cV,'/,iinil tiiat the by-law pas.sed was to be reu'urdid as if passed 
 
 lytlie L''),'i.sl iture ; tiiat no person is entitled to u.se his property so 
 
 itoi.'!Jiii't' ""••ther, and that no covenant could give him power so 
 
 I do, even tlioiigli made with the corporation, since, as tending to 
 
 Bntrol and ( inlt.irrass the exerci.se of its iniport.mt powers as a Loral 
 
 fijUhhtv, the covenant, when it came in competition with them, 
 
 lust i,'iv(' w.iy or was repealed. ///. The legislative power of a 
 
 Britfiration i^< not only restricted by the statute law, but by the 
 
 ■iieral |)rinri|ileH and policy of the common law. Indeed, whenever 
 
 I by-law set k.s to alter a well-settled and fundamental priu' pie of 
 
 lecomimm law, or to establish a rule interfering with the ifghtc or 
 
 lilaiiL'frini,' the .lecnrity of individuals or the public, a statute or 
 
 r s|ti'c'ial iuithority emanating from the ci'cating power must be 
 
 e«n to Icualize it, either expressly or by implicati<»n. It is upon 
 
 lis prineiple that, though nuiny by-laws jiassed by the ancient 
 
 (uicipal corporations in Kngland for the rti/iilntinn of trade have 
 
 |en ailjntk't'd good- yet in.my were adjudged void as in nstraint of 
 
 deaiitl ail oppression of tlu! subject. vSee sec. 'JStJ ami notes. See 
 
 i\)cr Col I i II '< V. //ntc/i, IS ()hiof)'J3 ; Sill v. ('oniimi, I. K. I*. Smith 
 
 lY.) '.'it:. Wood V. Ih-ooklyu, 14 Barb. (N. Y.)42r); Markic v. 
 
 »n, 14(»hior.8(); Itoijer.i v.' .foiie.i, 1 Wend. (N. Y.)237. 
 
 . , It need hardly be mentioned that the municipal body which has 
 Jrcr to make has power to repeal bylaws ; it being nf the very 
 pureof li'>,'islative power that, by timely changes in the rule it pre- 
 ^1)09, it should be enabl'Ml to meet the exigencies of tiie occasio:>. 
 
 tv. liml, 13 East. 379; liloomer v. Stolley, f) McL. (U. S.) 158. 
 
 leals cannot bo made to operate retrospectively to the prejudice 
 
 i . IV 
 
 i'.i ifl 
 
 
 1^ 
 
 < 
 
 '''Hi 
 
 ' i 
 
 PI 
 
 kL 
 
 

 
 
 ft 
 
 1)1 
 
 I' 
 
 212 
 
 Counoil a 
 
 oontinuliig 
 
 body. 
 
 Traders' 
 license fees. 
 
 Oninting 
 
 inonopniit'.s 
 
 ))robibittJ(l. 
 
 THE MUNICIPAL MANUAL. [g 2kl 
 
 284. A municipal council shall be deemed and considered 
 iis always continuing and existing, notwithstanding ant 
 annual or other election of the members composing the Ham/ 
 and upon amd after the annual or other election of the mem' 
 bers thereof, and their having organized and lu'ld tlieir tim 
 meeting us a council, every council may take up aad carrvoi 
 to completion all by-laws, reports and procee<liii«,'s wjijeh \\n,\ 
 been begun or have been under consideration by tlio council 
 either in the then next preceding year or subscciucnt or prior 
 ther.' J, and it shall not be necessary to begin ife nvrom}: 
 any by-law, pi-oceeding, repoi't, matter or thiui,' entertained 
 by the council in such preceding year, or subseipUMit or prjof 
 thereto, as afore.said. 49 V. c. 37, s. 43. ' 
 
 285. In all oases where, uiuler the provisions of this Act 
 or of any other Act, any council or the board of ooinmiij.' i 
 sioners of police, in any city, or either of tlunn, is or are 
 authorized to pass by-laws for licensing any trade, ciilliii- 
 business, or profession, or the person carrying f)n or oii<';iL'ed j],' I 
 any s\ieh trade, calling, business, or profession, tin- council and 
 the board of commissioners of police, respectively, shall Imve 
 the |M)wer to pass by-laws for fixing the sum tu b(3 paid f,jr| 
 such license, for exercising any such trad'', caliin:;, husiucss or! 
 [trofessioii, in the munici|)ality, and enforcing tln' p.iviucnti 
 the license fee, and determining the t.me the license sluill lie| 
 in force. 4(5 V. c. 1^, s. 1'8G. 
 
 286. No council shall have the power to give any person 
 an exolusivo riglit. of exercising within the nmnicipalitv lunl 
 
 of ve.stfd rightj. Hex v. Anhwdl, 12 Kast. 22; Stair v. CitijCkr^ 
 7 Ohio St. .Tm ; I'oinl v. Xfi/im, 3 >his8. 'SM) ; Uitjilmr v. //J 
 mail, .'J7 iNbiine .>2 ; /{ocitl in Aiii/iim/u, 17 Pa. St. 71; uiilws fj 
 rhu )itir|i()>tc (if a)>atiiig an autiial luiiuauce, or Hoiiiitiiiii;.,' di tid 
 oliariH'ter. Xnr Orhnnx v. St. Loiiia Church, 11 La. .\ii. '1A\: .)/i(J 
 •iron V. Cathul'ic Chiir-'h, 10 La. An. 4.S1. The power doos imtixtea 
 to all liy-laws. There are certain by-laws, Huch as thdst' iuithorizia 
 the i^.siie of (Icbontures, itc. , upon the faitli of whirii tliinl jursoi 
 act and eliangi- their ciroumstjvncos, and Trom whioii tlir iiitiiiiiip;ilij 
 ill general derives an innnediate henelit— these being in tiie nature} 
 seoiu'lties, ratlier than ordiiuiry regulations, cannot lie npiaiolunlj 
 the loan or dei)t arising thereout or dependent therenpun is satiitief 
 See. .'U7. Henee it is that in this section the pov i!r uivcn istorii»e 
 alter, or amend l)y daws, inge'ieral, "save as by tins .Xct ivstricte 
 •See further In r< (Uiiin'iiuihttm v. Ahnonte, 21 U. (". <'. I'. IV.I; lit{ 
 (jirrit \\',:^i,rn li. II. Co. and Xorth Cayuija, 2.3 I'. ('.('.1'. 
 ]Vriij/tt v. lacorponittd Synod of the Dioceie of Huron, 11 S. C. 
 
 m. 
 
I S86.] CBEATIOK OP MOI.OPOI.IE,. 
 
 l,„j ,o,..,i:,„,,(/)o^ ^p^^p^.^, ^^^ ^_^ _^_^^ ^^^^ 
 
 ,/) Monopolies are odious to the law 7Z , 
 
 gale ot any iiitrcjijuulise or commtMHf „ .•=' "? '"'*nf>poIy is whpn *u 
 
 'SLnumkr.ll Co 86, andTa« ' tteVi^.t'""^ " ""^ 
 
 i„,„^,c..f j.n.o, Imdnessof wares, nmovpl? "'""''''' ''"»«eq»entel 
 
 B ,Mti.te21Jac. ],o. 3, all mono^oK'J"' !'»«"* ""^ others V 
 
 ji«fl«(«, Ac, to any person, &c., for anvsS i V"""n'««i"ns, grants 
 
 working, using of a thiiur, &e., are vo J A ."^'"«' ^'^""•W. nmS' 
 
 ,v have an action on tTio statute An i ^"'' '"'^ ""« «>fcve ? i"*^' 
 
 ibie costs. So monopolies ar co„t "LT";',*^'" ''•^'W- ''"nSs tn'i 
 
 213 
 
 Lnlt to .k.tc.r„.,„e whc.. ,. h-.,^,, ^ ,; ^ '»», -lit i« s.n.Vti net 
 isiiiiiere ivi,'ul,itioa of trade 'pi ' 1"^"'""^ "f tni-Io •im.I „ 
 U TlR. tollouin. have he 'm' h, |, y/'T''''''" ''^ '"-^'al '',['-'" 
 Ih Tint no l.utd.er or any otl , '" '"' "'"'•" '•"^'"l.ttio s „ 
 
 m, C.:«|;. :.'.;!». That no Lutein. • I,, ,h;"'^"'^' *^- /V v //i"'' 
 
 .ra.-y „f s,ik 'nu-owste;;"x.. , n^i'"; /"'• ^i-t :. '.y'S 
 
 i^r II: Vj.at no nJ^hr f''''*'''''''fe' '•» what s !• f. • "'' 
 
 .a., .i.nM unload o;';::;^^;f '£ ^-at. *.. f;:;.n";st 
 
 ktlieait ot a hnf,.),..,. „. i • T . ' * Ad. 4(}r, r,., '"^^ - Mr. 
 

 
 ill 
 
 ii|:j 
 
 ■ 
 
 214 THE MUNICIPAL MANUAL. [«. 28(; 
 
 exercising the same, (g) or to require a license to be tiikeii f 
 
 within th« Said city, except he shoitld tirst be made fruo of thegnii 
 city, Woolhy v. hile, 4 Burr. 1951 ; see also lioaivorth v. /iuiliit), ■» 
 M<mI. 4r>9. By-laws may, under curtain circumstancus, he L^^^ \ 
 exempting manufacturing establiahments, in whole or in part f<(!!! 
 taxation for a term of years. See sec. .')66. 
 
 The following have been held to bo b.vd, as in restraint of trado. 
 That no mcmbor should sell the barrel of any hand gnu, &u., rg^j ' 
 proved, to any person of the trade not a member in London, or'witliii 
 four miles thereof. Tfic. Maxter, ,ir,, of Gunmakcin, dv., v. /',//' 
 Willes. .3S4. No member should strike his stamp or iniuk on {U 
 barrel of any persf>n not a member of the <,'ompany, fn.'., Ih. 'flm 
 every person not being already free of the city, occupying, iisiiiiroi. 
 exercising, or who shall occupy, use or exercise the ,irt" traduo,. 
 mysto.-y of a butclier witiiin the said city or its libeitioH, shall taiie 
 upon himself the freedom of the Company of Butchers, and that it 
 any person or persons (exceot such as ire alrea<ly free, itu.) aiialluse 
 the tra<le of a l)utclier, !iot being free of this Company, iio shall \m 
 &c. HitrnM)H\. Gudnuin, 1 Burr. 12. vSo as " to personu usiii" the 
 occupation of music and dancing." Jiohinxon v. (Jrusroiirl, 5 Mo(l 
 lot. That no person should erect any booth, for thn J)iirp()st' (, anv 
 show or public c itcrtainment, in any public place within the hmim,,], 
 without license from the m.iyor, which license should not hu giveiut 
 or for any other time than iliaing the annual fairs, it time iiilialutaiit 
 honsehoiders, residii/g within UK) yards of the place intciulcil td |), 
 useil, should have |)reviou.sly memorialized the mayir to witiiholJ 
 such licence, itc. Efirood v. liullorh, 6Q. B. 383. Whore a iiartiuilar 
 l)uil(iin<^' was designated for the slaughtering of all .iiiiinals intiniM 
 for sale or consumption in the city, the owners of which were granted 
 the exclusive right, for a specilled period, to have .ill siii'li iinimals 
 slaughtered at their establishment, the by-law was lieM hid. (/,;,( 
 ill. 90. So where it was provided tli it 
 
 '"> person 
 
 v. liainj)!!, I.'t 
 
 shall kojp i jslanghter house within the city without the special reso" 
 !uHon of the council." Re. Ndth ami MrCracken, 3,'} U. ('. (^ H. Isj 
 Or that none but three [terscms appointed by the city Khould bween 
 for hire or gain any chinniey or line in the city. liej. v. Johi, jn,'^ l 
 U. < '. Q. B. 519. So by-laws requiring liucksters, without legislaiiJe 
 authority, to pay a license fee : Duulntm v. /{ocliexffj; ."> Cuv. (X.yi 
 402; druggists to make returns ander oath as to the (piality anjj 
 kinds of spirituous liquors sold by them : Clbitun v. /'/lil/.iji.i, 1| .^j, 
 ;V2 ; pr<diiV)iting the use of canals on Sundays : The ('dldvr undlltUki 
 Xnritja/ioii (Jii. V. /*i/ftn(f, 14 M. A W. 76 ; prohihitii' licensedj 
 tavern k epers from having a light in their bars: AV;/. \\ Jhlimvtl 
 35 II. C. (). B. *i9K ; re(iuiring the owners of theatres to j»av thej 
 city ct)n table a certain sum: Water.- v. Leech, 3 Ark. IIO; re(|uiriiijl 
 a railroi<l comp.uiy to keep a flagman by day and a rcil laiitiin byl 
 night at a point where its track crossed a street; Tulelo, Wuh-hX 
 >ind, Wesfer /{. iV. ('<). v. Jivk^onfUle, Ifj Am. (ill ; authonzinjrtlief 
 arrest of free negroes in the street after ten o'clock at iiightd 
 Mut/iir, it'c, of' Mempliis v. Wiiijield, 8 Hump. (Tenn.) 707. 
 
 (</) Taxes must be general. A tax levied on a particular nccup.i$ii)i 
 is tberefore bad. .Savannah v. J/artridije, 8 (ia. 23 ; Liimiwj r| 
 
 obtained, ' is bud. 
 
"• ^^''■^ FERRIES. 
 
 exercising the same, (h) i,nlps« x, . ^^^ 
 
 statute so to do: (i) \L h. ""*«ori2ed or rpnn.V^j ,. . 
 
 ,ili* of c„mpli,„oe w^ith ^ ^^^J™!-- officer fo/f "er 
 287- A coii'icil limy oi,,„i „,„, . 
 
 *^ -y '^e ve«tea 'i! the ::::^Sci;: ^1^ "' ""^ ^••'7 /— - 
 
 Hislii/ig to selJ fresh meat in i„,„„;;.'^ f**'-"'«tioii " tJi»r~ 
 
 oisfiill, in C;..lernan or i.. «/,"*'*'«'« '«^8 than a n„ . ""^ Person 
 Mmh in each year, apn] v ttl''' "'«•<'«. sh "l i ^ •'■"■*^''- '» « shop 
 c«,n,nittee. stating tiSn'n . u';; i"t *'^ *'- S, . ."^J *''« «"t o? 
 toti,e*,.im of .$40 to obta ,, " ?" . '^^ "'• «Jie will ' ^ •"'" '"''^'•feet 
 autlionzin^r the holder of tj',;-; '''■''**-" ^'"n' t h e L' ^ ^ "' '^^'''''tion 
 .-h .neat in one ^tallln^tS ^J^' V ^i-- f nal?*'"/''*^' 
 one year, from hrst of MarchTf m "'''"''• "'• '» iJvl. U,- m-*"*^ ««" 
 
 .,.2 »u =Lrs;r:tr t"- " "■» .1 ;'■ "■ '"'■ 
 
 |«HXT iniLst not 1,0 so nse.lL f ^^"'*''''^*'''" for thi li ''"^'l""'*' P'^y- ■ 
 lhn.l, 29 Iowa 123. ' v' chf ^ u"^' .""P'^'t o„ J'^^'^/'^/. '^ut lu4 
 -'-f '--".t to the posit ;.n ^T X'' ^" •'••'^H ti /'^J;,^. '"^'' ". -. 
 < '^^-«'« t .« expense of issnin^ it 1 't '"'» '•^•«l>'irc'l o " " ^ 
 
 ; p)«vr;..i(l imposes a tax " \t ' J'"-" ^^-'^ tran.sj,., wiJ^, ' .'^ " -'-'Jse 
 ^^l|':n. of ail its etheioncy p^L'.''^^ « theory c- « ' *^ '"-"^"«ing ^ 
 5H(;: s-e also, Carter v /)/ ''''/"'■''• J- >» T,,,,\. *"^'-' ^^""J«l be 
 
 4t Hy-lavvs recjuirin./a,? • ' '. ^'^''i- •^-J'/ • rl A '"' ^- ^^«//e« 
 
 NAi.i.7. i^«tseeS;;;'^^K.z?i:'^;>4-:;^'*^2r^^^^ 
 
 •" "« language. 
 
 IfaL'of u';7cn.;„/'ortt'' "'•'^•'' '-'"'"-t be set . • 
 
 |o.iempoivere,iby fche'''."";''»^**''ntyof«onH.L^^^^^^ "f' ^"'ti-'ut the 
 f-uWg. "Piscary "B'^r""'.^''*^^ '-^K'^iatu • i ""'P'"-'*''' "«• per 
 
 k^i'aacross a river, fake ." "'' ^--^^-'^-^'v pm- '/ ^'■"" '''- «'^me. 
 
 ""t'H or to connect a . I '"'"' "^ the .s.f J. *>'*' '" ^"•''v pan 
 
 I teUie Legislature has ,.n,.f ''";"'" '■- <'"'>if' V>c^ {.•■"'» o«e 
 
 
 T 
 
 ^ 
 
 1 , 
 
 1, 
 
 ^ 
 
 f ;■ 
 
 )( 
 
 f 
 
 ; 
 
 ! 
 
 
 li 
 
 to 
 
 
 
 : i 
 
 J 
 
 ^ 
 
 1^ 
 
 
 
 
 Vi 
 
 y 
 
 ^ 
 
 ii 
 
216 TIIK MUNICIPAL MANUAL. [s. 287 
 
 ^"^P^JU"*" Hucli cotmcil, (l) otIuM- than a ferry between a Provi'nco of 
 the I>oinini«)n of Caimda and any British or foreign conntrv 
 or between two Provinc<!8 of the Dominion, (m) 40 y' 
 c. 18, H. 288. Se,^ B. N. A. Act, 1867, s. 91 (13); H,.v' 
 Stat., Cap. 117 ; and sec. 495 (4), post. 
 
 fcrrlM. 
 
 Dtv. 
 Div. 
 Div. 
 Div. 
 Div. 
 Div. 
 Div. 
 Div. 
 
 TITI.F II.— HKSI'KCTINO IJY-LAWS. 
 
 I.— ArrilKNTICATKIN OK UV-I.AWS. 
 II.— OlMKCTIoNS IIV KaTKHAVKHS. 
 IK. — VoTIMi ON IIY Kl.KCTOKS. 
 IV'.— CuNKIRMAriON OK Mvi.AWS. 
 
 v.- (,»l'ASrllN«i Hv LAWS. 
 VI. — Hv-l.VWS CRKATINU DKHTS. 
 VII. — lU-I.AWS KKSI'KCTINO Y'kAKI.Y IUtK.S. 
 VI II — AnTKUI'ATOKY ArPUOl'KiATIONS. 
 
 Division I.- Actiientication of By-laws. 
 Orvjinnl. Sre. 288. 
 Krifrnrr „/'. .SVc. L>K9. 
 J'nH>/' oj'/'iu'tii /or LieiifenuHt-G'ovei'nor. Sec. 290. 
 
 iit)(^ 'ssiirv inft'ii'iiui!. Moio powtfr to oHtfiltli.sli aixl iij^iiliti' funj, , 
 wiMiin llu' cru'ixinito limits would not, it seems, In- Hutliiui^iit (,, 
 ciiul)k! till' toriioiiitioii to eoufer on otiieia an excinsivi! rii,'|ii ,1 
 f'jrry. //'W/m,i/( \. .Staf-. \) .Mo. oiti : Mitdurn v. La nu , '2',i How 
 (U. S.) 4:C> ; MrEii'im v. T((yl<>i\ 4 (S. (iroeiio (Iowa) .WJ. A licvi;., 
 l»y till' Cniwii to the town of Helleville giving tlie iii,'lit to t 'i\ 
 ' ' hftween the town of IliHeville to Ainelia.sliiirg" was liehl ,i .siitiii i.'it 
 grant of a rigiit of ftiiingi! to and from the two plju-ea named. .In. 
 dfrsoii V. J I lilt, !) S. I'. H. 1. The grant by the legislature is, in tif 
 interest of the ludtlic. one whieli Miuy if neeessary he leju'.ilKi i,r 
 altered. A'os/ ihnt/itrd v. l/ttr/foril Itndijv Co., K) How. |L'. v.i 
 ')ll. See also Cliiirlis /{inr /iriiliji' v. W'un'in lir'nliji , \\ IVt lU 
 S.) 420; lliii-t/oid linihj, Co. \ . Fi rnj <'o., 20 Coiin. 210; A',,,y 
 V. L>wix, () (). S. 'JOT; I'li.l. v. Pftri'ii/iorf, 1(5 \J. ('. {). |{. m 
 As to the right of a munieijtal eorporation in the ptdilie iIlte^^l to 
 derogate froii' its own grant of a ferry, and other points im tn tuc 
 riglit uf nii.niei|tal enrporations aH to ferries. See Dillon on Mum,! 
 iIuK'urpoiatioiis, Ih'd »)d., s. 1 IG. As to power to lieeiise ami iv:;iil,it..' 
 ferries, see sees. 4i(r> (4, ) .'»•_'! (II.) As to the responsiliility oi feiiymen, 
 see U'tdb r v. .hirksoti. 10 M. ^ W. Kll ; U'illoiiifldii/ v. Uurnihjt, \i 
 Vj. V>. 74"J ; Fislur v. Clishti-, \'l III. 344 ; Wdsmi v. //(itiiilinn, idliio 
 .St. 722; l\'/ii/('. V. Wiiiiiisiiomit Co., 7 Cash. (Mass.) If)'); Lc llnn-M 
 v. Kail /install F'iri/Co., 11 Allen (Mass. ) HI2 ; Hdiicij v, Rv',' 
 Am. f)!'') ; WyrkniJ' v. (Jidcuh County Ftny Co., 11 Am. (iJO. 
 (/) See note i to sec. 8. 
 
 (ni) Ferries between a Provlnco and .nny British r: foreign r'Hin 
 try, or betweon two IVovinces, are subject to the exeluBivu lijjijlri 
 
289.] 
 
 AUTnKVTIOATION OP BY-LAWS. 
 
 288 Kveiy by-Jaw shall he ^^'^ 
 
 h,v.s been f)ii88ed, ami by the clert ?• ?, ^'''^' '^'^ by-Jaw 
 4(i V. c. 18, H. 289. -^ ^'^"^^ «* the corporation (J) 
 
 289. A copy of any by-Jaw wriffn 
 ,.,,..s...fi or interlineation, an,l nnde,. th" r^^^'J'^^ without Kvidenceo/ 
 ^"•". "-1 mortified to bo a true p ^I'f, « ^"« corpora- ""'• 
 
 memlu... of the council, nhall be /ecLc ? h ' ""^' '^>' «»3^ 
 .m.,vo<l ui evidence in any Court of 5 ""* 'r^'^'' ^'"' be 
 tLeseal or si^Miatures, unleis it s J •'• n'"'*' "^'^^""t l"oof of 
 tl.at the seal or one or boti o • l'"''^ '^ '^'«'«'«<' or alleLJ 
 
 ■ '^'^ -^' -act. 8. 9] 
 (rt) The forin.vliticjs nrescn'lio-J ; xi . 
 
 •l-.vi"^' the validity of •,, 7;,^,,^ '""''/^P-'lity may be o to 1, r"'' 
 9i:,'iif.i or Healed. /,',,/ v /» .2^ . ""'' tJ"-"!!!,'!. iiia,lv.,.r*„."^®'' ^'*<^"» 
 
 ■•nii« township J^. JZlt&^T ^''''^'f' '« '-^q' mlf .^ / "'^^ ''?- 
 '•'• the co„neil\v.oull| I o iiHrri! ' ''"'" *''^"^ *'>-'''. mini .*;:; ",'''"' 
 f'Kinoil to take the ehai,- „ i '" ''^'«l"'nnL' anoci,., H* "'«'»'>ors 
 
 perversely n.fu.sI;7to 'h ' ' "/";/" *'"^t "'hiel^h • tU'^T' *'/ '''^ 
 Ve further liroH- v 'lltj/ T.'''''^ Mnnm: 'HV < . '' .'""""'^'l 
 .V."ietion ean he s .staiZ "^f '' ^T"''"" 'f- V" •^ -•/■«^- »; «^6- 
 
 «-l.'eh. if there .' ''"*' *'"-' Pl'""tiH; fo,.n I, '^"^ "■ "'"'"'•««* 
 oorpoationepiivaent to'T"'"' 'f '^ '•«'''- v "^i'^t^'^'-f'-tuted 
 
 ('"iitniot where fcher.. ;« . ^*'" ''"'y ">«'le so i<. f *"«' ^orpo- 
 
 ■Sec further note, rj Ssr* ,/"?'"'• ^^ ''W ' V,/';''''i'f'\r^'<' 
 ";;-jie... ^ see H^-^^- «y-^-- or police co.l^i.Li^.; J ' ,^1 
 
 <"-'l<r, or renolution it « ! ,' ^- *^" '^ »'"ti< , to o, ..i 1' '"""'* 
 ,»"'it.r the hand o ih . .", '"'^ |'««.8Hary to pro „ . ' " ''>'-'«vv. 
 
 ami 
 
218 
 
 THE MUNICIPAL MANUAL. 
 
 Lh. 290. 
 
 i Mi 
 
 K it 
 
 f^'n 
 
 hU 
 
 ^/uui'd" ^^^' ''^'^ *"^** reqiiimi by tliiH Act to I.e incited in any 
 
 RMei'itoniiv l^-law which lequircH the approval of the Li«'uteimiit-(iov- 
 Liout.-auv. ,.i.„oi' in Council, shull, before roceiviiig such appinval 1,,. 
 veritiei'. by woleiim decluration, by the head of the council, und 
 l»y the trejiHurer aiul clerk thereof, itiid by such other peison 
 and o'l such oth«'r evidence iih to the LieuteuHnt-Govjunorin 
 Council HutiMfactorily proves the facts ho recited; or in eiiseiir 
 the death or absence of such municipal ofHcer, upon the 
 declaration of any other nienil>er of the council, wliow> i\n-\n. 
 ration the Lieutenant-Oovcrnor in Council umy nccopt u-] 
 46 V. c. 18. 8. 291. ' 
 
 How to lie 
 muilf. 
 
 Division II.— Oiukctions bv HATurATtiui. 
 
 When and how made. Sec. 291. 
 
 When council shall act on object ions. Sec. 292. 
 
 opj.oHH^i(.ii to 291. In case a person rated on tlie assessinent roll ui ^ 
 municipality, or of any locality therein, objects to the jmwing 
 of a by-law, the passing of which is to l)e preceded l»v the 
 application of a certain nunilKr of the i-Htuble inlinltitantsot' 
 such municipality or place, he shiill, on pe(itioiiin«,' tiit- ((iiin. 
 cil, be at liberty to attend in pers(ui, or by coui.scl or .solicitoi i 
 l)efoie the council at the time at which tlie by-law is intciKitj] 
 to be ronsidered, or before a committee ot the council m^ 
 pointed to hear evidence theieon, and may produce evidime 
 that the necessary notice of the application for the livia* 
 was not given, or that any of the signatures to the aimlic* 
 tion are not genuine, or weie obtained upon incoiiett statd 
 ments, ant I that the proposed by-law is contrary to th 
 wishes of the persons whose signatures weie so okaiiit-d 
 and that the remaining signatures do not aniuum to th 
 number nor represent the amount of projterty necessaiv 
 the passing of the by-law. (d) 40 V. c. 18, s. 202. 
 
 received from the Clerk. Sec ',VA2. The hitter section in franitdj 
 iittpeciul purpose, while tliiu section is meant to provide genera'lvj 
 ill! caweH. Pir l)raper, l'. J., In re Hoard of Sihool Jrunlti' 
 
 .iamticich, 2;i u. c. g. IJ. nm. 
 
 (r) Tliis section applies only to by-laws requiring "the approval 
 the l.ieiitenant-tiovurnor in Council." 8uoh as are nientioiiei 
 sees. .S67, .'^70. 
 
 (d) The right to ol)ject does not extend to the iiRSBJng of nlll 
 liiws, hut only such as are "to he preceded by the apiilitatiiiiij 
 certain number of the ratal>Ie inhabitants of the niiinicipalit| 
 
 i 292.] 
 
 m It the 
 
 «P(ilictttion for 
 irticieiit ninnb< 
 
 out fraud and i\ 
 
 tiDomtt of prop( 
 
 /(assed, or if thi 
 
 lir law was not ( 
 
 W. (e) 4G V. c 
 
 Divwi 
 
 Procefidiiujs prelii 
 
 The Poll. ,Secs. ; 
 
 Who fo Vote. Sec 
 
 Fmln.lder8. Sec. 
 
 Itwhohkru. Sec. 
 
 ' of Freeholder. 
 
 '■of LeaHeholde, 
 hocelintjs a/ig^ ^j 
 
 ^Hisit,'s u/cortau 
 \^^((rea/q/'Proceedin 
 I ^mittiii/. Sees. 32 
 
 Nmny liy-laws b,/ 
 
 [^ice." The right to 
 I "!«''"";"">« the CO, 
 
 tilt If .iminnoipaJ coil,; 
 Aientnun.bor to 
 
 Mclifact l,ein-,n,ij ^' 
 I lai. 1 wi- » "lade a 
 
 ]lWa/i> lf>o(»ame as O! 
 MJt lined nnoi, a ,„, * 
 
 |«byl«>vlnc.h reciter m'' 
 Jtobcgann^^Iy untA." ' 
 
 |C.CP -m u '^ ^'o^nc 
 I '^••^•^■^- Se«furthei 
 
 J {'-\ 'Ihe by-law bI, i > . 
 
 Iptoe.eryieJ'Tyert; 
 IKpa.s8ed. Perr^ 
 
. 292.J 
 
 
 292. If the council is sati ti rl 
 
 .(.lication for the by-lnnr did no^on ^''J''*"^^ ^^^^ the Wh.n by. 
 
 hcient number of persons wL '"*'" *'»« "ames of a'"?"'"^' 
 
 fnuul and in goo'd fS HrJilT "«- -Stained wfth """• 
 
 219 
 
 application for the by-U^ did r^nf evidence that the 
 
 ..Iticentnnmber of persons Xr ''°""*'" *'»« names of a 
 
 amount of property, and ar^ ^eliZZ ofT""' '''« ''^^^^ite 
 p ed, or if the council is sa LI !• °^ ^'*^»"« the by-law 
 b, l«;v«.H not duly givenXctmc 1 :f t '"^^^^ -^'' -d 
 U«r. (e) 46 V. c. 18, «. 293. ^ ''''*" "<>' Pass the by. 
 
 Division in -_v,.--. 
 
 BV liLECTORS. 
 
 Pmeeilinya prdiminary to iho /» /, 
 
 //»./'«//. A'ec.. ;J05-3i9 '''^''''- -J^^w. 293-304 
 
 imh'Uera. Sec. 308. 
 Lem/iohlera. .yec. 309 
 Oalh of Freeholder. ^Jc 310 
 
 Jr«tWt»y.,j/^,^^/„^^ . ^^^>JI2 
 
 \^-^l!^l'roceedin,r%^-'^'^'J^^^ 
 kmt%ny. Sees. 323-326 ' ^^• 
 
 __________ council. Sees. 327, 328, 
 
 |te," The right to attet^Tf^rnT —- — — __ 
 
 »fent nunibir to ,7 Vl" ^'"'at'on of the ann!..^ t^'J^^'^ *« «ay. 
 
 J prooeul to piiss a by-kw ; *'"' ^^^ of this Act) sho; li '" sections 
 
 B«tin ti.e nlwtM.ce o a «'„ '''T!''« t^^ese facts 1* i^" ^^^ «"«'d be 
 
 abvLnvwhich recites tl?^.""'^'^.'^"" ^^^ tfroun l''ii.°PP"r*'"" *« *he 
 J k taken to be U^'t^l^^,' l^l^T'' """^Kadte'titi ' *''i"'L '^'^^ 
 
 I '" ™« '>3'-Jaw should in «„.-.. 
 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 /. 
 
 
 <° 
 
 1.0 
 
 I.I 
 
 11.25 
 
 ■f tji 
 
 Ki,22 
 
 US. 112.0 
 
 1.4 11 1.6 
 
 Hiotographic 
 
 Sciences 
 Corporation 
 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. I4SE0 
 
 (7?6)S72-4503 
 
) 
 
 ^ 
 
 o 
 
 
 ► •s" 
 
 (IV 
 
 -«> 
 
220 
 
 If * by-law 
 requires the 
 assent of the 
 electors, 
 mode of 
 obtaining 
 same. 
 Time and 
 place of 
 Toting to be 
 fixed by the 
 bylaw. 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 293. 
 
 Publication 
 of by-law. 
 
 293- In case a by-law requires the assent of the electors 
 of a municipality before the final passing thereof, (/) the fol- 
 lowing proceedings shall be taken for ascertaining such 
 assent, (g) except in cases otherwise provided for : 
 
 1. The council shall by the by-law fix the day and hour 
 for taking the votes of the electors, and such places in the 
 municipality as the council shall in their discretion deem 
 best for the purpose, and where the votes are to be taken 
 at more than one place, shall name a deputy-returning officer 
 to take the votes at every such place; (A) and the day so 
 fixed for taking the votes shall not be less than three, nor 
 moi"e than five weeks after the first publication of the pro- 
 posed by-law. (i) 
 
 2. The council shall, before the final passing of the pro- 
 posed by-law, publish a copy thereof in some j)ublic news- 
 paper published either within the municipality or in the 
 county town, or in a public newspaper published in an adjoin- 
 ing local municipality, as the council may designate by reso- 
 lution, and the publication shall for the purpose afoi-esaid be 
 continued in at least one number of such paper each week 
 
 if) By-laws for creating debts not payable in the same municiijal 
 year are hereby notably intended. See sec. 340 and notes thereou. 
 
 (*;) If the proceedings prescribed be not taken, or be not duly 
 taken, the by-law may be held invalid. See Barneft v. Newark, -JS 
 III. 62 ; Hii.iley v. Bmun, 10 Conn. 567 ; Coiihoy v. louKt, 2 Iowa 
 90 ; Canada Aflau/ir R. W. Co. v. Ottawa, 12 «. C. R. 3fi5. ,See 
 also sec. 333 at the end. Where the by-law if approved would 
 be illegal the proceedings may be restrained. Helm y. Port Hope 
 22 Grant 273 ; Wallace v. Oraiipeville, 5 O. R. 37. As to the power, 
 without legislative authority, to take a vote upon a matter over w hich, 
 without the electoral assent, the council has complete jurisdiction, 
 see Davis v. Toronto, 15 O. R. 33. 
 
 (h) When tlie manner of ascertaining the assent of the electors Mas 
 
 {)rescribed by a notice attached to the proposed by-law when pub- 
 islied it was held sufficient, though the Act says that it shall be 
 determined by the 1>y-law. Boulton v. Pcterhorowjh, 16 U. C, Q. B. 
 380. The omission in the by-law as finally passed of the clause pro- 
 viding for the time of voting and the places where the votes are to 
 be taken, would not render the by-law invalid. Canada Atlantk 
 B. yy. Co. V. Ottatra, 8 O. R. 201. 
 
 (i) W^here publication was required for four consecutive weeks, in 
 som«i newspaper published weekly or oftener in the municipality, 
 witl a notice that, on some day within the week next after such four 
 weeks, a poll would be demanded, and the first publication waa on 
 Thursday, 12th January, and Tuesday, 7th February, was appoiiited 
 for the polling, it was held too soon. Coe v. Pickerimj, 24 U. 0. Q. B, 
 
3tors 
 i ibl- 
 such 
 
 hour 
 n the 
 deem 
 taken 
 officer 
 day so 
 ee, nor 
 lie pvo- 
 
 he pro- 
 c news- 
 ■ in the 
 a adjom- 
 by veso- 
 vesaid be 
 ach week 
 
 municipal 
 tliereou. 
 
 |e not duly 
 Teirayi-, "28 
 (t, 2 Iowa 
 3(i5. See 
 ved would 
 Port Ho)i( 
 the power, 
 ver V liich, 
 |v\risdictvon, 
 
 Llectors was 
 [when pub- 
 ' it shall be 
 C.Q. B. 
 clavise pro- 
 irotes are to 
 Ida Atlantk 
 
 L weeks, in 
 Kunicipalityi 
 ler such four 
 Ition was on 
 Ls apvoiuted 
 
 293 2.1 PUBLICATION OF BY-LAWS. 
 
 for three successive weeks, (j) and the council shall put up 
 a copy of the by-law at four or more of the most public 
 places in the municipality. 46 V. c. 18, s. 294, (1, 2). 
 
 4S9 • /ft »■« ^^^fi" "■^'^ Richmond, 28 U. C. Q. B. 333. Where it was 
 
 nuired that the by-law should be published for the space of twenty 
 
 kvs in at least one newspaper, before it should go into effect, it 
 
 was held that the by-law would go into effect twenty days after its 
 
 first publication. Hoboken v. Gear, 3 Dutch (N. J. ) 265. 
 
 (i) The municipality of Kingston proposed to take £7,500 in 
 road company, and published a by-law (No. 6) to authorize 
 loan, containing the usual recitals, imposing a rate, and direct- 
 ing the issue of debentures, &c. When the by-law came on for 
 discussion, a clause was added reducing the sum to £5,000, and 
 directing the rates to be altered accordingly, and, thus amended, 
 it passed in June, 1854. In December following another by-law 
 was passed (No. 8), providing for the issuing of debentures (author- 
 ized by No. 6), and directing a rate to be levied for the payment 
 of the interest thereon, but making distinct provisions for meeting 
 the principal out of the profits of the stock to be taken, and from 
 other funds. This by-law did not repeal No. 6, but the enact- 
 ments in it showed clearly that the rates imposed by that by-law 
 wpre meant to be dispensed with. Held, that the last mentioned 
 by-law was bad, for it was a new and independent by-law and not 
 a mere supplement to No. 6, and should, therefore, have been 
 Dublished before the passing, and have contained the usual recitals 
 and enactments required in by-laws for creating a loan. Held, also, 
 that bylaw No. G was bad, though not moved against, for it was 
 not published beforehand in the form in which it ultimately passed. 
 hi re Bryant and Pittsburg, 13 U. 0. Q. B. 347 ; but see per 
 Spragge, C, in Brock v. Toronto and Nipissing R. Co., 17 Grant 433. 
 Where the statute required publication in each newspaper published 
 in the municipality, an omission to publish it in one of the local 
 newspapers was held to avoid the by-law. Simpnon v. Lincoln, 13 
 U. 0. C. P. 48. Where the statute simply required the by-law 
 to be promulgated, it was held sufficient to publish it in the 
 newspaper in which the by-laws of the city were usually published. 
 City Council v. Truchelut, 1 Nott. & McC. (South Car.) 227. It is 
 not necessary that the by-law should be, before publication, signed 
 and sealed, as required by sec. 288. The word " by-law" is used in 
 the statute not merely to designate an instrument containing all that 
 is stated in sec 288, but the same instrument while still in the hands 
 of the council and under consideration. Paffard and Lincoln, 24 
 U. C. Q. B. 16. Where the statute provided for alternate modes of 
 publication, and empowered the corporation to determine which 
 mode should be adopted, it was held that publication in the mode 
 directed by the clerk, without the intervention of the corporation, 
 was insufficient. Higly v. Biince, 10 Conn. 436 ; lb. 567. It is not, 
 of course, for the court, on application, summarily to set aside a 
 by-law for defective publication. In such a case the court will exer- 
 cise its discretion, and set aside or refuse to set aside the by-law, 
 according to circumstances, Boulton and Peterborough, 16 U. C. Q. B. 
 380; In re Gibmi v. Bruce, 20 U. C. Q. B. 398. 
 
 221 
 
322 
 
 Notice. 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 293 3. 
 
 fillj 'I 
 r If' U >•' 
 
 I '"/ ■'IT, 
 
 
 ••■.■fl : i»; all 
 
 ■'*" .-if 
 
 • :r§ 
 
 3. Appended to the copy so published and posted shall be a 
 notice (k) signed by the clerk of the council, stating that the 
 copy is a true copy of a proposed by-law which has been 
 taken into consideration, and which will be finally passed by 
 the council in the event of the assent of the electors beinc 
 obtained thereto, after one (I) month from the first publication 
 in the newspaper, stating the date of the first publication 
 and that at the hour, day and place or places therein fixed 
 for taking the votes of the electors, the polls will be beld 
 49 V. c. 37, s. 25. 
 
 Ballot papers 294. Forthwith (m) after the day has been fixed as afore- 
 to P""'e'*-gai{i^ for taking the votes of electors, with respect to the 
 by-law the clerk of the municipal council which proposed the 
 by-law shall cause to be printed, at the expense of the muni- 
 cipality, such a number of ballot papers as will be sufficient 
 for the purposes of the voting, (n) 46 V. c. 18, s. 295. 
 
 Formof, £95. The ballot papers shall be according to the form of 
 
 Schedule J. to this Act. (o) 46 V. c. 18, s. 296. 
 
 fix a"(Ja 'for ^96. The council shall by the by-law fix a time when, and 
 appointment a place where the clerk of the council which proposed the 
 "[t^^jat^ '° by-law shall sum up the number of votes given for and 
 polling against the by-law, and a time and place for the appointment 
 
 places, and ° j ' i i i ^ 
 
 (k) The notice may be in this form : 
 
 Take notice, that the above is a true copy of a proposed by-law 
 which has been taken into consideration, and which will be finally 
 passed by the coimcil of the municipality in the event of the assent 
 of the electors being obtained thereto after one month from the tirst 
 publication in the (namhifj the neivupaper), the date of which tirst 
 publication was (stating the day of the week, month and year), and 
 that the votes of the electors of the said municipality will be taken 
 thereon at (naming the place or places), on (naming the day and datt] 
 at {naming the hour.) 
 
 D. C, Clerk. 
 
 (I) It is not a fatal objection that a by-law was passed a few day) I 
 less than a month Jif ter its first publication if it was passed after it was 
 assented to by the electors. Canada A tlatitic R. W. Co. v. Ottam, 
 8 0. E. 201. 
 
 (m) See note q to sec. 181. 
 
 (n) The system of ballot already applied to ordinary elections ii J 
 now to be applied to the passing of by-laws, which is also a mode oil 
 election. See /?^ »-e i/o/mso?i a/irf Za/nfi^on, 40 U. C. Q. B. 297. See] 
 sec. 121 et seq. 
 
 (o) See note I to sec. 121. 
 
 s. SOO. 
 
 of pei'S( 
 finHJ ,su 
 behalf 
 the pass; 
 
 297. 
 
 to attend 
 
 soa to ati 
 
 inJerestefi 
 
 hy-hm, ax 
 
 in and de 
 
 i^ Y. 0. 1 
 
 298. B( 
 
 subscribe t 
 in the fonr 
 in and deau 
 be) the pass 
 
 299. Ev€ 
 
 the polling | 
 may be, sht 
 cleil' of the 
 appointment 
 
 ^00. In ti 
 
 to attend at 
 
 the votes, an] 
 
 absent may, 
 
 retiu-ning of 
 
 municipality 
 
 ^ ^ct, be admit! 
 
 'absent, (s) 4,\ 
 
 (P) See sec. l\ 
 
 , (7) This is fori 
 Iwity, and if pos7 
 Jor iippeanuice ofL 
 pppointment desi 
 |Mgned. ■ 
 
 ('') The above I 
 
 (v) The right t\ 
 pent on the absl 
 tections. The aiT 
 Mector'-inthesa 
 
S 300.1 VOTING ON BY-LAWS BY ELECTORS. 223 
 
 Af nersons to attend at the various polling places, and at the *"' summing 
 
 " «. • „ . ,.e ^.^ — ,.„A„_ 1 — au„ „i 1. i.;„_i.- up votes. 
 
 tiiwl summing up of the votes by the clerk respectively, on 
 behalf of the persons interested in, and promoting or opposing 
 the passage of the by-law respectively. (/?) 46 V. c. 18, s. 297. 
 
 297. At the time and place named the head of the muni- s<^' -ttion of 
 cipality shall appoint, in writing signed by him, two persons 
 
 to attend at the final summing up of the votes, and one per- 
 son to attend at each polling place on behalf of the persons 
 inierested in and desirous of promoting the passing of the 
 by-law, and a like number on behalf of the persons intei'ested 
 in and desirous of opposing the passing of the by-law. («/) 
 46 V. c. 18, s. 298. 
 
 298. Before any person is so appointed he shall make and ;^,|^°*Jeg,a,. 
 subscribe before the head of the municipality a declaration ation. 
 
 in the form of Schedule K to this Act, thai he is interested 
 in and desirous of promoting or opposing (as the case may 
 be) the passing of the by-law. 46 V. c. 18, s. 299. 
 
 299. Every person so appointed, before being admitted to ;J,^\'°i^'i'"* °^ 
 the polling place or the summing up of the votes, as the case pZwuig 
 mav be, shall produce to the deputy-returning officer or '''''''^' ^**' 
 clerk of the municipality, as the case may be, his written 
 appointment, (r) 46 V. c. 18, s. 300. 
 
 300. In the absence of any person authorized as aforesaid Appoint- 
 to attend at a polling place, or at the final summing \ip ofXenreof 
 the votes, any elector in the same interest as the person so "S""'- 
 absent may, upon making and subscribing before the deputy- 
 returning officer at the polling place or the clerk of the 
 municipality a declaration in the form of Schedule K to this 
 
 Act, be admitted to the polling place to act for the person so 
 absent, (s) 46 V. c. 18, s. 301. 
 
 (/)) See sec. 156 et neq. and noteathereto. 
 
 [q] This is for the purpose of preventing all appearance of parti" 
 Ulity, and if possible of satisfying all parties that there is no partiality 
 lor appearance of it. See sec. 152 and notes thereto. The mode of 
 Lppoiutment deserves attention. It must not only be in writing but 
 
 liigued. 
 
 ()•) The above note. 
 
 (,s) The right to make an appointment under this section is depen- 
 pient on the absence of the persons appointed under the previous 
 
 ctions. The appointment when necessary may be made of any 
 blector "in the same interest as the person absent." 
 
 
il!'''sl 
 
 224 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 301. 
 
 fro2''SiinK ^^^- ^"P"g ^^'^ *^™e appointed for polling no person 
 
 place. shall be entitled or permitted to be present in any pollitin 
 
 place othei" than the officers, clerks and persons or electors 
 
 authorized to attend as aforesaid at the polling place, (t) 4fi 
 
 V. c. 18, s. 302. 
 
 Deputy- 302 — (1). The clerk of the municipality, on the request of 
 
 offlce"s!°^)ii ''^"y elector entitled to vote at one of the polling [)laces, who 
 clerks, and has been appointed deputy-returning officer or poll clerk, or 
 voteift^ni*!- who has been named as the person to attend at a pollini, 
 whereThev P^^<^® other than the one where he is entitled to vote, shall 
 are em- give to such elector a certificate that such deputy-returning 
 pioyeti, officer, poll clerk or [)erson is entitled to vote for or against 
 the by-law at the polling place where such elector is sta- 
 tioned during the polling day, and the certificate shall also 
 state the pr-operty or other qualification in respect to which 
 he is entitled to vote, (u) 
 
 on certificate (2) On the production of the certificate, the deputv- 
 
 derk of*the >"eturning officer, poll clerk or person shall have the right 
 
 munid- to vote at the polling place where he is stationed during the 
 
 ' ^' polling day, instead of at the polling place of the ward or 
 
 l)olling subdivision where he would otherwise have been 
 
 entitled to vote ; and the deputy-returning officer shall attach 
 
 the certificate to the voters' list ; but no such certificate shall 
 
 entitle such elector to vote at such polling place unless he 
 
 has been actually engaged as deputy-returning officer, poll 
 
 clerk or person during the day of polling, (v) 
 
 Who to (3) In case of a deputy-returning officer voting at the 
 
 oath in such polling place at which he is appointed to act, the poll clerk 
 or in the absence of the poll clerk, any one authorized to be 
 present at the polling place, may administer to the deputy- 
 returning officer the oath required to be taken of voters 
 qtialified to vote on the by-law. (w) 46 V. c. 18, s. .303. 
 
 rase. 
 
 poiHn'muni- ^ards or ))olling siibdivisions, the clerk of the municipality 
 cipj^itjes shall, before the poll is opened, prepare and deliver to the 
 wards '" ** deputy-returning officer for every ward or polling sub- 
 
 (t) See note I to s. 151. 
 (m) See s. 141 and notes thereto. 
 {v) See 8. 141 and notes thereto. 
 {to) See B. 141 and notes thereto. 
 
 S.307.] 
 
 (lirision, a •' 
 Act, contain 
 persons appej 
 be entitled, u 
 this Act, to V 
 attest the said 
 his hand, (x) 
 
 30i In th( 
 
 into wards or 
 
 himself with 
 
 marking balloi 
 
 of electors for 
 
 in the precedi 
 
 like duties wii 
 
 imposed upon { 
 
 or polling subd 
 
 305. At the 
 he held and tl 
 l-c. IS, s. 306. 
 
 306. The pro( 
 j to the same, anc 
 (nearly as may b 
 (visions of sectioi 
 jthe same are apj 
 (wise provided, s 
 fand to all matter 
 
 307. The prir 
 eturning officers 
 let. Ic) 46 V. 
 
 Who to 303. In the case of municipalities which are divided into ^| i^) See a, 132. 
 
 {a) See s. 136. 
 
 I (i) The applicatic 
 » the poll, but "to 
 kit not too wide, ap 
 wecy in the vote, 
 e sections which 
 tier the order of t 
 i ballot papers aft 
 
 ||c) The omission 
 29 
 
"•: i'' \' -F ft 'tI 
 
 307.] 
 
 (lirision 
 
 VOTING ON BY-LAWS BY ELECTORS. 
 
 a voters' list in the form of schedule C to this 
 
 22b 
 
 Act containing the names, arranged alphabetically, of all 
 ners'ons appearing by the then last revised assessment roll to 
 L entitled, under the provisions of sections 308 and 309 of 
 this Act, to vote in that ward or polling subdivision, and shall 
 attest the said list by his solemn declaration in writing under 
 his hand, (x) 46 V. c. 18, s. 304. 
 
 3Q4. In the case of municipalities which are not divided i" "'""'«■ 
 into wards or polling subdivisions, the clerk shall provide liTvided "nto 
 himself with the necessary ballot papers, the materials for ^'■^'"^^- 
 marking ballot papers, printed directions to voters, and a list 
 of electors for the municipality similar to the list mentioned 
 in the preceding section ; and the clerk shall perform the 
 like duties with respect to the whole municipality as are 
 imposed upon a deputy-returning officer in respect of a ward 
 or polling subdivision, (a) 46 V. c. 18, s. 305. 
 
 The Poll. 
 
 305. At the day and hour fixed as aforesaid, a poll shall ^ "baUot" ^ 
 be held and the votes shall be taken by ballot. 46 V. ' 
 
 |.c. 18, s. 306. ... 
 
 306. The proceedings at the poll, and for and incidental ||,' be^gg'^'f* 
 {to the same, and the purposes thereof, shall be the same, as municipal 
 
 j nearly as may be, as at municipal elections, and all the pro-*'"'*'"""*" 
 I visions of sections 120 to 176 inclusive, of this Act, so far as 
 [the same are applicable, and except so far as is herein other- 
 Iwise provided, shall apply to the taking of votes at the poll, 
 land to all matters incidental thereto, (b) 46 V. c. 18, s. 307. 
 
 307- The jjrinted directions to be delivered to the deputy jj^'^";"'^ 
 eturning officers shall be in the form of schedule L to this guidance to 
 id. (c) 46 V. c. 18, s. .308. ''•''•'"• 
 
 (x) See 8. 132. 
 
 (a) See s. 136. 
 
 (ft) The application of the sections named, not only to the taking 
 I the poll, but "to all matters incidental thereto," is a very wide, 
 fut not too wide, application of them. The purpose being to secure 
 «recy in the vote, not only at the time of voting, but subsequent, 
 le sections which prevent the inspection of ballot papers, except 
 Bder the order of the court or a judge, and for the destruction of 
 ^ I ballot papers after a limited time, are necessarily embraced. 
 
 |(c) The omission to deliver these directions would not necessarily 
 29 ■ 
 
226 
 
 Freehuldera 
 wlin may 
 vole oil liy- 
 laws. 
 
 TIIK MUNICIPAL MANUAL. [s. 30H 
 
 308. — ( 1) Kveiy ratepayer, being a man, unmarried woman 
 or widow, shall be entitled to vote on any by-law requjri,,™ 
 the assent of the electors, who, at the time of tender of the 
 vote, is of the full »ge of twenty-one years, and a natural 
 born or naturalized sul)iect of Her Majesty, (<l) antl wholms 
 neither directly nor indirectly received, nor is in expectation 
 of receiving, any reward or gift for the vote which he teiukis 
 (e) and who is at the time of the tender a freeholder, in \^\l 
 own right, or whose wife is a freeholder of real propeity 
 within such municipality, of sufficient value to entitle him 
 to vote at any municipal election, and is rated on the lust re- 
 vised assessment roll as such freeholder, ])rovided such person 
 is named or jiurported to be named in the voters' list ot'elec 
 tors. (/) 
 
 In cKf c of 1 
 new iiiunici 
 
 (2) In case of a new municipality in wh'ch there has 
 paiTiv wiiuVe been any assessment roll, tlie qualification of being niime( 
 
 there has ' ' - ^ - ■- 
 
 been no 
 
 axseHfuient. 
 
 roll 
 
 not 
 
 1 ' , 5 
 
 ! i, 
 
 LeaseliolderH 
 who ni: y 
 yote on by- 
 laws. 
 
 the list and of being rated on the roll shall be dispeusw] 
 with, but in such case the person offering to vote shall not be 
 entitled to vote, unless he ])ossesses the other qualifications i 
 above mentioned, and has, at the time of tender of his vote 
 Hutticient property to have entitled him to vote if he IhkJ 
 l)een rated for such property, and unless at such time be I 
 names such property to the deputy-returning officer; andtlie 
 deputy-returning officer shall note such property in the votciV 
 list opposite the voteis' name, at the request of any onei 
 entitled to vote on such by-law. (g) 46 V. c. 18, ss. 309, 311,] 
 
 309. — (1) Every ratepayer shall be entitled to vote on anyl 
 by law requiring the assent of the electors, who is a man J 
 unmarried woman or widow, and at the time of tender of tbel 
 vote is of the full age of twenty one years, and a natiirall 
 born or naturalized subject of Her Majesty, and who 
 neither directly nor indirectly received, nor is in expectatioal 
 
 avoid the election ; but thia does not exculpate the officers concernet 
 for neglect of duty. 
 
 (d) See sec. 79 and notes thereto. 
 
 (e) See sec. 209 and notes thereto. 
 
 (/) See note d to sec. 79. 
 
 (.7) The general rule is to require both the possession of prnpert 
 and the rating of it on the roll ; but the latter requirement pre 
 supposes the existence of a roll. In the case of a new municipditi 
 during the first year there can be no roll. In such case the possessioi 
 of the property qualification is sufficient. 
 
 I(i) See note g to the 
 
n|Q 1 WHO MAY VOTE ON BV-LAWS. 
 
 f receivin"", any reward or gift for the vote which he tenders 
 
 ** d is resident within the munici|)ality for which the vote is 
 
 , for one month next before the vote, and who is, or 
 
 iiose wife is, a leaseholder of real property within tho 
 
 •gjpality, of sufficient value to entitle him to vote at a 
 
 inicii)rtl election, and who is rated on the last revised assess- 
 
 ^ nt roll therefor, and which lease extends for the period of 
 
 (• e within which the debt to be contracted or the money 
 
 be raised by the by-law is made ])ayal)le ; in which leasee 
 
 ♦ip lessee hna covenanted to pay all municipal taxes in re- 
 
 ggt of the property leased, and which person is named, or 
 
 urnortetl to be named, in the voters' list, (h) 
 
 10] The said provisions as to the lease extending for tho 
 
 Jnoi of ti"'® within which the debt to be contracted or tlut 
 
 onevto he raised b^ &;^ch by-law is made payable, shall not 
 
 nnlv to a hy-law respect." ng local improvements, under sec- 
 
 Jion 625 of this Act. 
 
 (3) In case of a new municipality in which there has not 
 
 1 been any assessment roll, the qualification of being named on 
 
 the list and of being rated on the roll, and of residence for 
 
 „ jijonth, shall be dispensed with, but in such case the i)er- 
 
 L offering to vote shall not be entitled to vote unless pos- 
 
 m: 
 
 Leaseholders 
 who may 
 vote on local 
 improve- 
 niunt by- 
 lawB. 
 
 In case of 
 uew iiuinici- 
 pality where 
 there ha!i 
 bi-en no 
 HSHesament 
 roll. 
 
 be 
 
 inc the other qualifications above mentioned, and unless 
 is at the time of tender of his vote a resident of the muni- 
 lipality, and then has sufficient property to have entitled him 
 vote if he had been rated for such property, and unless at 
 jch time he names the property to the deputy-returningofficer ; 
 ,iidthede[)nty-returning officer shall note the proj^erty in the 
 foteis' list, opposite the voter's name, at the request of any one 
 intitled to vote on such by-law. (i) 46 V. c. 18, ss. 310, 311. 
 
 310. Any ratepayer oflTering to vote in respect of fif."*'^'',^ 
 rtehold on such by-law, may be required by the deputy- voting on 
 leturning officer or any ratepayer entitled to vote on *>yi**- 
 hch by-law, to make the following oath or affirmation, or 
 
 ) The voters under a by-law are not in all cases the same as 
 
 idinary electors. By-laws creating debts, not payable in the same 
 
 Innicipal year, usually provide for the payment of the debt in a 
 
 Trm of years mentioned in the by-law. Leaseholders whose leases 
 
 R for a less term than the term mentioned in the by-law, or in 
 
 ftich the lessee is not bound to pay municipal taxes, have no right 
 
 iTOte, See Erivin and JoivruHend, 21 U. C. C. P. 330. An excep- 
 
 1 is made in certain cases by sub-sec. 2. 
 
 I(i) See note g to the preceding section. ' 
 

 228 
 
 Oath of lease- 
 holder vot- 
 ings on by- 
 law, other 
 than one 
 rt*»peuUng 
 local im- 
 proveinent.H 
 under 
 flection 625. 
 
 THE MUNICIPAL MANUAL. 
 
 8. 310. 
 
 any part thereof, or to the effect thereof, before his voto 
 recorded : — (j) 
 
 You swear that you are of the full a^e of 21 years, and a nat 
 horn (or naturalized) subject of Her Majesty ; '"'' i 
 
 That you are a freeholder in your own right (or your wife ig a f 
 holder), within the municipality for which this vote is taken • '^''" 
 
 That you have not voted before on the by-law hi this townghit) ( I 
 ward, as the case mail be.) ; ^ '"'i 
 
 That you are, according to law, entitled to vote on tlie said by.) I 
 
 That you have not directly or indirectly received any rewar I 
 gift, nor do you expect to receive any, for the vote which * 
 
 That you are the person named, or purporting to bo named in ti i 
 voters' hst of electors ; ' " "«« 
 
 (In the case of an uumariied woman or widow claiming tovotcJ 
 That you are unmarried (or a widow an the cane may he) ; ''J 
 
 That you have not received anything, nor has anythini,' h I 
 promised to you directly or indirectly, either to induce youtovot? 
 ou this by-law, or for loss of time, travelling expenses, hire of tea j 
 or any other service connected therewith ; 
 
 And that you have not directly or indirectly paid or promise* 
 anything to any person, either to induce him to vote or refram from 
 voting ; 
 
 (In cane of a new municipality in vwch there has not been any(mbii 
 ment roll, then instead of re/erring to being named in the coten'H^ J 
 person offerimj to rote may be required to name in the oath tlminomA 
 in renpect of which he claims to cote) ; 
 
 And no inquiries sliall be made of any voter except witJ 
 respect to the facts specified in such oath or affirmation J 
 V. c. 18, s. 312. 
 
 311. Any ruteimyer offering to vote in respect of a lea 
 hold on hnch by-law, other than a by-law respecting 
 improvements under section 625, may be required by tli 
 deputy-returning officer, or any ratepayer entitled to votec 
 such by-law, to make the following oath or affirniatioij 
 or any part thereof, or to the effect thereof, before Lis vote J 
 recorded : — (j[/) 
 
 You swear tiiat you are of the full age of 21 years, and a natuii 
 born or naturalized subject of Her Majesty ; 
 
 That you have been a resident within the municipality for wiuJ 
 this vote is taken for one month next before the vote ; 
 
 That you are (or your wife is) a leaseholdei within tliis muni 
 and the lease extends for the period of time within which thedebi 
 
 (j) See sec. 102 and notes thereto. 
 (J3) See sec. 103 and notes thereto. 
 
1312.] 
 
 OATHS OP VOTERS ON BY-LAWS. 
 
 229 
 
 ..^tractecl or the money to be raised by the hy-lftw now submitted 
 iMbe riitepiiyt^'M is mutlo payal)Ie, and that you liavo (or the lessee 
 r lakl ^eaao lias) covenanted in such lease to pay all municipal 
 
 Tkat you liivvo not before voted on the by-law in this township (<»• 
 
 Tkt you in'6) according to law, entitled to vote on the said by-law ; 
 Tliat you have not directly or indirectly received any reward or 
 ft nor tlo y<>" expect to receive any, for the vote which you 
 
 cjiit you are the person named, or purporting to be named, in the 
 
 ■oters' list ; 
 
 In the case of an unmarried woman or widow claiming to vote). 
 itvn" '"'c uii'ii'irfit^'l (<"• a widow as the catte may he) ; 
 .|l,^t you bavo not received anything, nor has anything been pro- 
 li to you directly or indirectly, eitner to induce you to vote on 
 bv-liiw, or for l6s8 of time, travelling expenses, hire of team, or 
 |y oilier service connected therewith ; 
 
 W that you have not directly or indirectly paid or promised 
 lythini' to any person, either to induce him to vote or refrain from 
 iting; ' • 
 
 llncaxe of a veto municipality in which there, has not been any assess- 
 'lit roll, ihm instead of sioe.arhiy to rtsiihnce for one month next 
 t^(, (lie vole, and of referring to being named in the voters' list, the 
 m offeriwj to rote may be required to name in the oath the property 
 mftd of which he claims to vote, and that he (n a resident of such 
 ukliMlity); 
 
 jid no inquiries shall be made of a voter, except with 
 jspect to the facts specified in the oath or altiiiuatiou. 46 
 
 •,c,18,s. 313. 
 
 312. A ratepaper offering to vote in respect of a leasehold, <>»th of 
 a by-la^w respecting local improvements, under section |,oti',^^,*'on*' 
 
 b, may be requi'ed by the deputy-i'eturning officer, or any by'aw 
 
 Itepayer entitled to vote on the by-law, to make the follow- locui im- 
 r oatii or affirmation, or any part thereof, or to the eft'ect HXr™^"^' 
 
 iereof, before his vote is recorded : eectioo C26. 
 
 lou swear that you are of the full age of 21 years, and a natural 
 
 {or naturalized) subject of Her Majesty : 
 [That you have been a resident within the municipality for which 
 ivoteis taken, for one month next before the vote ; 
 
 bat you are (or your wife is) a leaseholder within this municipality, 
 Ithat you have (or the lessee in said lease has) covenanted in such 
 !to pay all municipal taxes ; 
 
 tat you have not before voted on the by-law in this township (or 
 d, as the case may be) ; 
 kt you are, according to law, entitled to vote on the said hy -law ; 
 
230 
 
 Form of 
 BtatemtMit I 
 be mad)! by 
 deputy- 
 returning 
 ufucers of 
 result of 
 the polling. 
 
 Objections 
 to ballot 
 pnpt-rs. 
 
 To be 
 nunibtTHd. 
 
 Deputy- 
 returnini; 
 officer's 
 duties after 
 Totea are 
 counted. 
 
 THE MUNICIPAL MANUAL. fg ^,, 
 
 Tlmt you Imve not directly or indirectly received any rewar I 
 gift, nor do you expect to receive any, for the vote wlii.l, '" 
 tender : " ^"^ 
 
 Tiiiit you are tlie person named, or purporting to be named \n r 
 voters' liHt ; ' " ''" 
 
 (In the caHo of an unmarried woman or widow claiininir to v 
 That you arc unmarried (o»' a widow an the case may ht) • '■ 
 
 Tlmt you have not received anything, nor has anything lifen 
 mlHcd to you tlircctiy or indirectly, either to induce you to vut'" i 
 thia by-law, or for Iohs of time, travelling expeuBes, hire of tem" I 
 any other service connected therewith ; "' "' ' 
 
 And that you have not directly or indirectly paid or prom' 
 anything to any person, either to induce him to vote or refruin f""l 
 voting ; "^""l 
 
 (/// cnKc. of a new munieipalily hi which there, has not heenaniuut \ 
 ment roll, then inxteatl of sweurintj to residence, for one moiiilt"''''l 
 before the vote, and of referrhuj to hehiy named in the voler'H /iv'/f I 
 person offerimj to vote may be required to name in the oath Iht i,r,i'„ f 
 in respect of which he claims to vote, and that he is a resldm oI"''a 
 municipality) ; '"•*■ 
 
 And IK) imiuiries shall be made of a voter, except wjtli J 
 spcct to the facts Bpecitied in the oath or artinnatioii 46vl 
 c. IS, s. 314. ' 
 
 313. The written statement to be maile by every deputii 
 "returning otHcer at the close of the polling shall be ma, 
 
 under the following heads : {k) 
 
 (a) Name or number of ward or polling subdivisij, 
 and of the munici{)alit\ , and the date of the pulL 
 
 {b) Number of votes for and against the by-law • 
 
 (c) Rejected ballot papers. 46 V. c. 18, s. 315. 
 
 314. The deputy-returning officer shall take a not«| 
 any objection made by any person authorized to be pres« 
 to any ballot paper found in the ballot box, and slmil det 
 any question arising out of the objection. Each objectioa 
 a ballot paper shall be numbered, and a corre«|jon(liiiu nj 
 ber placed on the back of the ballot pnper, and initiale 
 he deputy-returning otiicer. {I). 46 V. c. 18, s. 316 
 
 315. Every deputy-returning officer, at tlie completioJ 
 the counting of votes after the close of the poll, shall iJ 
 presence of the persons authorized to attend, make iipf 
 
 (k) See sec. 152 (5) and notes thereto. 
 (I) See sec. 152 (2, 3) and notes thereto. 
 
 ^n 
 
 ' S«e sec. J55 (j^ 
 '^««8ec.J55a„jJ 
 
s^pinite pHckc^tH, «eulf,d witJ, his own 
 
 such j«?rHonH /luthorized to utfonrl „ *'?''. '^"^^ *'•« seals of 
 
 th,. coiitenfH of such ptteket, the dat« .i H .'* «^'^t«*"»ent of 
 i„,r, tiie n/imo of the .lenutv 1/. *''" ''"^^ "^ the noli 
 
 b,-Wandofthel:,tT;^^^^^^^^^^ 
 
 (rr'.o "sed ballot papeJ.J.,^^'^^"^^ 
 
 to -uul have bien co,,med'; ' ""^ ''^^^ ^^'Jected 
 
 (c) The ballot papers which h,J . 
 
 -^Jicb have been counte L Z f ^''''^* *"' ^"* 
 
 ((/) The rejected ballot p„pe,s. 
 (^) The spoiled ballot papers ; ' 
 (/) The , ...used ballot papers'; 
 (//) Tlie voters' list, with fl.« '« *i • 
 
 fule « „„ne»d "lie X"", 'lei" «- fo'™ of Sehe- 
 
 ".„b,,.y,-a„c| the note tokerof'°''""''"'"'»»» 
 5-> W'oj ,,a„e« fo„„„ i„ uXVo'tt:!"To "vt 
 
 biity, a lUNtite of tbo »^„ "'tore the clerk of fb« .«. • . votew- ii8t 
 ribfifl iv Ii.nr I .1 . "'"' was used in fi... '^"ju 
 
 231 
 
 fcclaratio. that the votS bv^ '*" ^"'^ "^^^^^ 
 
 \nMly law, aud tl.a hM^.^ "^^^ ^^ the n..nner pre- 
 
 ukthe^eu. were correctl^rnrde "' l'"T'^'^ ^'^ ^''^ to b'. 
 
 •"/''« foria of Schedule^G to n ?'' ^^•^^^^^''^tion shal 
 ^'' be annexed to the vote^' uJf ^f^ ^"^ «''^^" the.^ 
 
 tur.. he ballot b,x to the "i j k'o "thf f ""'''■ '^'''^^^^^ 
 '^- I«, s. 318. '" °' the imuucipality. (u) 
 
 |«) See ,ec. loo and aote« thereto. 
 
m 
 
 ■m- 
 
 232 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 317. 
 
 317. Every deputy-returning officer, u[)on being requei 
 
 so to do, shall deliver to the persons authorized to attpriH o* 
 
 oertSfyasto i.- n^ i . ..-n .. ^r xi_ i j. /="« at 
 
 Deputy- 
 returniiii; 
 officer to 
 
 mimber*of* ^^^ polling place a certificate of the number of votes given at 
 Yoteb and the polling place for and against the by-law, and of the num. 
 Fallot ber of rejected ballot papers, (o) 46 V. c. 18, s. 319. 
 
 papers. 
 
 Clerk to cast 318- The clerk, after he has received the ballot papers and 
 declare * ""^ Statements before mentioned of the number of votes given 
 result. in each polling place, shall, at the time and place appointed 
 by the by-law, in the i)resence of the persons authorized to 
 attend or such of them as may be present, without onenino 
 any of the sealed packets of ballot papers, sum up from such 
 statements the number of votes for and against the l»y-l;nv 
 ; ' and shall then and there declare the result, (/') and foitli! 
 
 with certify to the council under his hand whether the 
 majority of the electors voting upon the by-liw have an 
 proved or disapproved of the by-law. (q) 46 V. c. 18, s. 320 
 
 Clerk not to 319, Where the a&sent of the electors, or of the rateiwip,^ 
 
 have castii.t; i.- £ xi • i. Vu i- ^^ I^J"»i 
 
 vot« ns to or a i)roportion 01 tUem, is necessary to the validity of a Ijy. 
 e»rtain by- ^^^^^ ^.^^^ clerk or Other officer shall not be entitled to ^ivi 
 
 46 V. c. 18, s. 321 
 
 casting vote. 
 
 eal 
 
 Rcfiuisitea to 
 validity (if 
 certiiiii 
 boniiH liy- 
 Ihw.s. 
 
 320. — (1) To render valid a by-law of a municipality y 
 granting a bonus in aid of a railway or for promoting anvf 
 manufacture, or for taking stock in a railway company, orfoj 
 lending tnoney to such company, or for guaranteeing theinivj 
 ment of money borrowed by such company, or for leudiii 
 money to any other company or person on condition of sue! 
 company or jjerson establishing or continuing a mamifactorj 
 in or near such municipality, the assent shall be necessjuv j 
 two-fifths (r) of all ratepayers who were entitled to vote s 
 well as of a majority of the ratepayers voting on the by-U 
 
 (2) In such case, in addition to the certificate required! 
 
 (o) See sec. 154. 
 
 ( p) See sec. 156 and notes thereto. 
 
 (q) The majority required is that of the electors voting on the I] 
 law, and not a majority of all the electors in the municipality. I 
 lure Jenkins and E/ijin, 21 U. C. C. P. 325; See further, Penpm 
 Morris, 13 Weild. (N.Y.) 325; but see also in In re Billiiif<I 
 OhmeMer, 10 U. C.'Q. B. 273; In re McAvoy and Sarnia, 12 U| 
 Q. B. 102, but certain by-laws require the assent of a curtain iirnpf 
 tion of the ratepayers entitled to vote as well as of the majonti 
 the ratepayers voting. See sees. 320, 320 (o). 
 
 (r) As to aid to manufacturers see next section. 
 
 .320(a)(5). 
 
 section 318 oi 
 votes being i 
 vrhetbev or no 
 nient roll, sucJ 
 voters who we 
 
 rifndiiiff money to 
 
 tiiJd 
 
 nil 
 
 p) This section shai 
 ■'^'^»"m/,AJ^onia 
 """"^•'PHiities thJ 
 30 
 
,m(a)(5).] scBomr on contested bv-laws. 
 
 I section 318 of this Act, the clfirt ,'» 
 
 votes being in favour of the bv lll'T !"/ *^^ "^^J<>"t3^of 
 
 .ei- or not, as fa. as shewn t thT' '^;'" ,^:^''^'' '^'^^y 
 roll, such maioHf., "! /" *"> *^« voters' list and «s=n./ 
 
 23a 
 
 .hethei- or not, as fa. as shewn t thT' "Y^^ >^:^''^'' '^'^^Y 
 ™ent roll, such majority appears lo t tto fif/h' ^f ^'''^ 
 voters who were entitled to vote on the b^w'^' "^ ^" '^' 
 IS) In case of disnnte no + xi 
 Me shall Imve the Lmepo^:rffL7«f °^ *^« ^°*e, the 
 tio. as he has in an v case o? a sZt,y ofTe'vo? ''^^ ^"^" 
 i (4) The petition to the Jud^e ,»«. i v. ^^' 
 
 ^lytliecouncil; and the proceedings W .! ^''"^ ^^^'^^^^'^ <>'• 
 [<lecision shall be the same, as nearivt ' "'^'"^ *^^ ^^^^e's 
 :of a scrutiny. 46 V. c. 18, s. 323]^ "^ ^^' ^« ^^ the case 
 
 I m {n)-(l) Notwitlistandina anvfh;, 
 
 Ipreceding section of this A^f ^.j," ^'^""iS contained in thp ... 
 Iffi r £ i.L ''"'*' Act the vote of fw^*u- i . '^"® Aid tomanu. 
 
 yrmativeof the ratepayers who «v!\ .•!, ?'*^"'^^ ^n the^«<=ture«. " 
 ^nfbv-l.w granting aid to or fri f"*'*^'^ *« ^^^ upon 
 [fa manufactory I n.fnuktSr : "If ,•',' ^'^^^^^-'^"-^ 
 ■nding money to such companv np,?.nn"]'^"*^^' ^r for 
 pmnteemg the payment of worZlT ""'' ^'^^^^lishment, or 
 lality, siiail be necessary in oXto fh'""^''' ^" ''^"•>^ »^"«ici- 
 |a«-, and the words "two-fifths '^whpi .f ''^'"^ ^^ ^''^ by- 
 u;i preceding section shall not ann v f n .1^ ''P''^^'' "^ ^^e 
 Waw, and for the purposes he, eof H ■ ^ ^^''^^''^^i?^ ^^ such 
 ead as if the words ''twlth'rd!'^ '^^^t^'^" shall be 
 
 iserted the. ein. ""'*' '""'^^^'^ of "two-fifths" vvere 
 
 I (-) ^0 municipality shall <rrant o K^ . 
 
 Nerthissection who^.oposC^^stSh ' " '?"""^-^"-- ■ 
 
 Ukv nature to one alreitdv estab];!l i^ ""' industry of a ■ ' 
 
 tliout any such bonus. I ^'"'^^^ '" «»ch "municipality 
 
 (3) No bonus shall be gr^ited bv « • • 
 
 e .emoval thereto of an industrv l!""f ^^''P^'^ty to secure 
 
 leie ni the Province. "'''"«<^'y ^^'ready established else- 
 
 \{i) No niunicinalitv tilmii 
 
 ^ferturing i„i; t;;X,f X " >«n.- in aid of any 
 
 H "''■'""'3' granted by said J, ■ ■''"T" ™' °f similar 
 W levy for p,.i„oi,,al a,^ iZ e "'l"'?"'''^' '■''^""•« "» 
 

 ;ii'- : il 
 
 
 
 ii' .^' ' 
 
 1 
 
 1 
 
 234 
 
 THE MUNICIPAL MANUAL. 
 
 [«• 320 («) (5). ■,.mj 
 
 heretofore adopted or ))assed, the vote taken thereon or 
 
 bonds or debentures issued or to be issued in 
 
 thereof, (s) 51 V. c. 28, s. 16. 
 
 Secrecy of Proceedings. 
 1 ) Every officer, clerk and person in attendance ut 
 
 321 
 
 tlie ^H and if he is 
 puisuaiice ^V presence of 
 ci\)&lity or 
 declaration ( 
 AI to tills Ac 
 
 Maintaining 
 
 secrecy of , . .... - ..» 
 
 proceedingF a polling pluce shall maintain and aid in maintaining tl 
 at polling, .secrecy of the voting at the polling place, (t) 
 
 (2) No officer, clerk or other person whosoever, shall inter 
 fere with or attempt to inteifere with a voter when niarkinff 
 his vote, or otherwise attempt to obtain at the pollint^ u\.J 
 information as to the manner in which any voter at such 
 polling place is about to vote or has voted. 
 
 Voter not to 
 be interfured 
 with. 
 
 No inforina 
 tion to be 
 given 08 to 
 
 (3) No officer, clerk, or other person shall comninnicateat 
 any time to any person any information obtained at a nolliim j 
 ^°^»°y °°® place as to the manner in which any voter at such pollin? 
 place is about to vote or has voted. 'j 
 
 mSi^M*" (4) Kvery officer, clerk and person in attendance at tlie 
 at counting, counting of the votes, shall maintain and aid in maintainin'the 
 secrecy of the voting, and shall not communicate or attemut 
 to communicate any information obtained at such couutim 
 ,is to the manner in which any vote is given in any particii 
 lar ballot paper. 
 
 blfinaucelto (^^ ^^ P^'"^*^" ^'''^"' directly or indirectly, induce anji 
 discioae voter to display his ballot paper after he has marked 
 
 same, so as to nnike known to any person the manner iJ 
 
 which he has marked his vote. 
 
 (6) Every person who acts in contravention of this sectioi 
 nIkiU be liable, on summary conviction before a Stipeniiiaij 
 Magistrate, Police Magistrate, or two Justices of the ten 
 to imprisonment for any term not exceeding six months wiij 
 or without hard labour. 46 V. c. 18, s. 323. 
 
 votes. 
 
 Penalty for 
 contraven- 
 ing tliifl 
 section. 
 
 322. The cleik of the nmnicipality, and every oHicer cleJ 
 r person authorized to attend a polling place, or at I 
 ounting of the votes, shall, before the opening of tlie[ 
 before a poll, make a statutory declaration of secrecy, in the presence,! 
 lie is the clerk of the municipality, of a Justice of the Pea 
 
 •Statutory 
 declaration 
 of secrecy t 
 be made by 
 ofBeers, etc.. 
 
 (s) This section came into force on 1st November, 1888. M 
 '. c. 28, B. 1. 
 
 (t) See sec. 169 and notes thereto. 
 
 m J{ wi 
 
 M'bicb propos 
 
 voting, (a) anj 
 
 Judge, after gi 
 
 persons as iht 
 
 hdge reasona^ 
 
 ballot pr;jers, (t 
 
 before the Judi 
 
 be allowed as si 
 
 fication) (c) in j 
 
 the petition wit 
 
 the same is broi; 
 
 (against the petii 
 
 [place within th 
 
 %• (e) 46 V. 
 
 324. At least 
 Jtlie scrutiny sJial 
 lis the Judge diir 
 |<6 y- 0. 18, s. 3 
 
 325. On the dJ 
 (ittend before the) 
 "d the Judge, f 
 nd hearing such, 
 
 (a) As to oompnta 
 " iSs. 
 
 [(A) The affi(Javit8 1 
 
 fat the result ouahl 
 
 lean be said to fe 
 
 N See note m to s| 
 
 |(rf) See note d to si 
 
 j(e) See sec. 163 a J 
 
 [(/■) Aa to computaj 
 
 9) See notes to 
 "cted. 
 
,ch couutinjl 
 
 SCRUTINY OP BALLOTS. 
 
 235 
 
 s. 325.] 
 
 and if he ^^ ^^^ other officer, or a clerk, or an agent, in the 
 nresence of a Justice of the Peace or the clerk of the muni- 
 cipality or a deputy-returning officer; and such statutory ' 
 declaration of secrecy shall be in the form given in Schedule 
 ]il to this Act, or to the like eflfect. 46 V. c. 18, s. 324. 
 
 Scrutiny. 
 
 323. If within two weeks after the clerk of the council ^''''**|^^^ 
 which proposed the by-law has declared the result of the on appiica- 
 voting, («) any elector applies upon petition to the County "oSnty 
 Judge, after giving such notice of the application and to such Judge. 
 Deiwus as the Judge directs, and shews by affidavit to the 
 
 Judge reasonable grounds for entering into a sscrutiny of the 
 ballot pt'jers, (b) and the petitioner enters into a recognizance , 
 before the Judge in the sum of $100, with two sureties (to 
 be allowed as sufficient by the Judge upon affidavit of justi- 
 fication) (c) in the sum of $50 each conditioned to prosecute 
 the petition with effect, and to pay the party against whom 
 the same is brought any costs which may be adjudged to him 
 against the petitioner, (d) the Judge may appoint a day and 
 [place within the municipality for entering into the scru- 
 tiny, (e) 46 V. c. 18, s. 325. 
 
 324. A.t least one week's notice of the day appointed for Notice of 
 Ithe scrutiny shall be given by the petitioner to such persons scrutiny. 
 lis the Judge directs, and to the clerk of the municipality. (/) 
 
 |46 V. c. 18, s. 326. 
 
 325. On the day and at the hour appointed, the clerk shall Proceedings. 
 Attend before the Judge with the ballot papers in his custody, 
 
 ad the Judge, upon inspecting the ballot papers (g) 
 ad hearing such evidence as he may deem necessary, and on 
 
 (a) As to compntation of time see note 6 to sec. 185, and note h to 
 
 ' 188. • 
 
 I (6) The affidavits must shew prima facie grounds for the belief 
 htt the result ought to be different, and these grounds must be such 
 [can be said to be reasonably sutticient to support the motion. 
 
 He) See note m to sec. 188. 
 
 \[d) See note b to sec. 206. 
 
 1(e) See sec. 163 and notes thereto. 
 
 \{f) As to computation of time, see note a to sec. 185. 
 
 See notes to sec. 152 as to what ballot papers should be 
 
 cted. 
 
 
 
 
236 
 
 THE MUNICIPAL MANUAL. 
 
 
 Powers of 
 Judge. 
 
 Costs. 
 
 [s. 325. 
 
 hearing; the parties, or such of them as may attend, or their 
 counsel, shall in a sunjmary manner determine whether the 
 majority of the votes given is for or against the by-law, and 
 shall forthwith certify the result to the council, (h) 46 v 
 c. 18, s. 327. V / V. 
 
 326. The Judge shall on the scrutiny possess the like 
 powers and authority as to all matters arising upon the scrii- 
 tiny as are possessed by him upon a trial of the validity of 
 the election of a member of a municipal council ; (i) and in 
 all cases costs shall be in the discretion of the Judge, as in 
 the case of applications to quash a by-law, or he may appor. 
 tion the costs as to him seems just, (j) 46 V. c. 18, s. 328 
 
 Passing By-laws by Council. 
 
 327. A by-law which is lUily carried by the vote of the quali- 
 voterTto be fisd electors, {k) shall within six weeks thereafter be passed 
 council."'' by the council. (/) 46 V. c. 18, s. 329; 49 V. c. 37, s. 6. 
 
 The passing 328. In case of a petition being presented, (m) the bv-kw 
 
 By-law 
 
 carried by 
 
 stey'ld^o^n *'' ^^^^^ ""*' ^^ passed by tlie council until after the petition 
 presenting of has been disi>osed of; {n) and the time which intervenes 
 a pe 1 on. jjet^een the presenting of the petition and the tinal disposal 
 
 (A) The decision of the judge as to the result is tinal. He is, in a 
 summarv inanner, to determine whether the majority of the votes 
 given is for or against the by-law. He is also to certify the resulHo i 
 the council. 
 
 (i) See sec. 188 et seq. and notes. 
 
 {j) So(' sec. 206 and notes, and note I, to sec. 332. 
 
 {k) See note q to sec. 318. 
 
 (I) The duty is one which may be enforced by mfflnr/amMf after the | 
 lapse of a reasonable time, and after demand and refusal. He Pedard 
 Peterhori>iiii/i, .34 U. C. Q. B. 134. A council may refuse to] 
 
 Eass a l)onus by-law, the passage of which has been procured bjl 
 ribery, and may set up the bribery in answer to an application foral 
 mandiimiiH. Ne Lauifdav, 4^ J. C. Q. B. 47. See further t'dnaiiil 
 Atlantic N. W. Co. v. Ottawa, 12 S. C. R. 365. 377. "The coiinciri 
 does not mean the council of the particular year in which the bylair| 
 wassulmiitted. .S'. 6'. 8 (). R. 201. See also sec. 284. If the coiimil 
 whose duty it is made to pass the by-law, be incompetent to pasaaijj 
 bylaw, tlie by-law may, notwithstanding the vote of the electors, I 
 aet aside. Jie Btiird and Almonte, 41 U. C. Q. B. 415. 
 
 (7w) That is a petition for a scrutiny. See sec. 323. 
 
 (n) See sec. 325. 
 
 8.330. 
 
 thereof 
 which t\ 
 
 Bypuhlic 
 Xotice, li 
 When not 
 
 329. El 
 
 tie /^ublica 
 
 the bj-Jaw, 
 
 yvith a iiotici 
 
 ap/)/ications 
 
 thereof; auci 
 
 aewspapev p 
 
 the county tc 
 
 adjoining' Joc^ 
 
 hv resolution 
 
 said, be conti 
 
 each week for 
 
 330 The ni 
 kwior the puvA 
 
 munioipaJ coujicil 
 
 otJie ejectors is, f 
 I ma section creaj 
 Uxclndea from the I 
 [tfiepresentiHgof ; 
 
 Py.tilH^Ct to rnv 
 
 ■aotice appended td 
 fhich application 
 ftheby.Jawp,,,,, 
 
 eunc'i, It is to be 
 fiorm either in tjJ 
 
 pe same, a valid h\ 
 (9) See note y to 
 
 W^^^'hereanActl 
 "^"^?™.thatfol 
 J'■U^C.602;°' 
 
 '"> or one " ^q 
 
325. 
 
 their 
 
 3v the 
 
 \r, and 
 
 46 V. 
 
 le like 
 ^e scru- 
 itlity of 
 and in 
 ge, as in 
 
 y appov- 
 
 i, 8. 328. 
 
 the quali- 
 be passed 
 37, s. 6. 
 
 the by-law 
 he petiliou 
 iiitervenes 
 Inal clia\)Osal 
 
 He is, in » 
 [of the votes 
 the result to ' 
 
 I Be, /'fcbiiil 
 Lay refuse tol 
 n procimdWl 
 kplicationfotil 
 luvther C'aiia*! 
 I'Tbe connciri 
 Ich the bylwl 
 J IfthecouDcilJ 
 lent to pass fflj 
 \he electors, ^ 
 
 M-k'^^^ 
 
 F>'V^■, 
 
 g^ 330.] CONFIRMATION OP BY-LAWS. 
 
 thereof shall not be reckoned as part of the six weeks within 
 which the by-law is to be passed, (o) 46 V. c. 18, s. 330. 
 
 237 
 
 Division IV. — Confirmation of By-laws. 
 
 329. 
 
 IJy publication. Sec. 
 
 .Notice. Sec. 330. 
 
 ]yhen not moved against. 
 
 Sec. 331. 
 
 329. Eveiy promulgation of a by-law (p) shall consist inPromuiga- 
 t],e publication, through the public press, of a true copy of ]g^g_° ^" 
 the by-law, and of the signature attesting its authenticity, 
 with a notice appended thereto of the time limited by law for 
 applications to the courts to quash the same or any part 
 thereof ; and the publication aforesaid shall be in such public 
 newspaper published either within the municipality, or in 
 the county town or in a public newspaper published in an 
 adjoining local municipality, (q) as the council may designate 
 by resolution and the publication shall for the purpose afore- 
 said be continued in at least one number of such paper 
 each week for three successive weeks. 46 V. c. 18, s. 331. 
 
 330 The notice to be appended to every copy of the by- Form of 
 lawfor the purpose aforesaid, shall be to the effect following : (r) pubHsUed 
 
 with by-law . 
 Notice.— The above is a true copy of a by law passed by the 
 muuioipal council of the of , on the day of , 
 
 (o) The general rule iu the case of a by-law approved by a majority 
 I of the electors is, that it shall be passed within six weeks thereafter. 
 I This section creates a necessary exception to the general rule. It 
 [excludes from the six weeks whatever time may intervene between 
 [the presenting of the petition and the tinal disposal thereof. 
 
 {p) Promulgation ordinarily means publication ; but it is intended 
 |by this Act to give peculiar eflfect to a promulgated by-law. The 
 notice appended to the by-law as published gives the time within 
 irhich application must be made to the court to quash the by-law. 
 f the by-law promulgated be within the proper competence of the 
 euncil, it is to be deemed, notwithstanding any want of substance 
 rformeitlier in the by-law itself or in the time or manner of passing 
 be same, a vahd by-law. Sec. 331. 
 
 I (g) See note j to sec. 293. 
 
 (r) Where an Act expressly provides that a thing is to be done in 
 eivenform, that form should be strictly followed. Warren v. Love, 
 Dowl. P. C. 602 ; Lodrington v. Curlewis, 9 Dowl. P. C. 968. But 
 iR. S. 0. c. 1, 8. 8 (35.) Where the direction is that the form 
 Ten, or one " to the same effect" or to "the effect following," 
 
 
It Im ' 
 
 
 238 THE MUNICIPAL MANUAL. N 33A 
 
 A.D, 18 , and approved by His Honour, the Lieutenant-Governo 
 in Council on the day of , A.D. 18 {where mich approval 
 
 in required to give effect to the bylaio) ; and all persoun are herebv 
 required to take notice, that any one desirous 01 applying to hav 
 such by-law or any part thereof quashed, must make his application 
 for that purpose to the High Court at Toronto within three montli 
 next after the publication of this notice once a week for three 
 successive weeks in the newspaper called the , or he will be too 
 
 late to be heard in that behalf.^(8) 
 
 46 V. c. 18, s. 332. 
 
 IJSn "wiih^ 331. In case no application to quash a by-law is made 
 
 In the time within tliree months next after the third publication thereof 
 
 beraaki.*** ^^^ notice as aforesaid, the bylaw or so much thereof as is 
 
 not the subject of any such application, or not quashed upon 
 
 such application, so far as the same ordains, prescribes or 
 
 directs anything within the proper competence of the conn- 
 
 • oil to ordain, prescribe or direct, shall, notwithstanding anv 
 
 want of substance or form, either in the by-law itself, or in 
 
 the time or manner of passing the same, be a vahd bv 
 
 law. (t) 46 V. c. 18, s. 333. '' 
 
 Qnashing 
 by-laws. 
 
 Divisiox V. — Quashing By-laws. 
 
 How to proceed. Sec. 332. 
 Ti7ne lituited for application. Sees. 333, 334. 
 Motion against for corrupt practices. Sees. 335, 336. 
 Staying proceedings upon the by-law. Sec. 337. 
 Liability of Municipality for acts under illegal by-law. S(c 
 
 338. 
 Tender of amends. Sec. 339. 
 
 332. In case a resident of a municipality, or any otwl 
 
 shall be followed, similar strictness is not required. Bacon v. Aihloii,\ 
 5 Dowl. P. C. 94 ; Smith v. Wedderburne, 4 D. & L. 296. 
 
 (s) In the case of a by-law imposing a rate, the application tel 
 quash cannot be entertained after three months from the promu 
 tion. See sec. 334. 
 
 {t) If not of the proper competence of the council, a by-law 1 
 under no circumstances protection for what is done under it. Sntk] 
 land V. East Nisaouri, 10 U. C. Q. B. 626 ; Alexander v. Towiim 
 0/ Howard, 14 0. R. 22. When by a by-law granting aid to a rail| 
 way the debentures were made payable more than 20 years from thi 
 by-law taking effect contrary to sec. 340, sub-s. 2, the defect wii 
 held to be cured by promulgation. Canada Atlantic li. W. Co, rj 
 Cambridge, 11 0. R. 392. 
 
 s. 3.32.J 
 
 |)erson interes 
 coiiiio'iJ thei'eoi 
 
 (fl) The applici 
 oftheraunicipali 
 in the provision 
 C, P, 527 ; Boiiai 
 Kiiiftoii, 26 V. 
 apmt a by -Jaw ( 
 jwinv that during 
 of tilt' separation, 
 oi the town of P 
 Peterborough, itw 
 as a resident, so m 
 Coiiijcr and Peterbi 
 a to'inship, thoiigl 
 TOS objected that, 
 M>\ that, as a free 
 the by-laws passed 
 to move to (juash ai 
 2U. C. C. P. 317. 
 in the municipality 
 naiiied on the asst 
 Bmll'iH and Peterbo 
 stated deponent to h 
 held unnecessary to 
 ParU, 10 17. C. Q. B 
 properly used againsl 
 contrary to law, whe 
 thnse of the ap|)lican 
 and !-mdwich East, ;, 
 ii)^ to fjuash a hy-ia\ 
 cipal elections held f( 
 been a candidate for 
 to the scliool board, 
 , the by-law or had an 
 ! was held that the ap 
 [the l)ylaw. Jie Fend 
 I Bi I'd and Corpi^-ai 
 
 (('I The power delei 
 loy-laHs, &c., is one < 
 Ipeciiliar to this couiiti 
 |M Before the stat 
 [ny power summarily 
 Mhll and Peferbnrc 
 lot extended to ordei 
 lee In re DanieU and 
 tarlwrli/lit, 12 U. C O 
 Wopted by the council 
 
 Ions under the meanj 
 •"U. C. Q. B. 81. s,' 
 
 [W The Divisional u 
 fcash by-laws which si 
 •"«"». 11 P. K. 442 
 
S' '1: 
 
 232.] QUASHING BY-LAWS. 
 
 lerson interested («) in a by-law, order or resolution of the 
 oiiiwil thereof, (b) applies to the High Court, (c) and pro- 
 
 "TTyjie applicant, in strictness, should state that he is a resident 
 ( tbe municipality in which the by-law was passed, or has an interest 
 the provisions of the by-law. Bahcock v. Bedford, 8 U. C. 
 rp 527; Bo(iart v. Bellevi/le, 6 U. C. C. P. 42.5; Khujhorn and 
 \\iiitou, 26 U. C. Q. B. 130. Where an applicant, who moved 
 'ijnst a' by-law of the united counties of Peterborough and Victoria, 
 "^ lie that during all the year 1850 he had been, and was at the time 
 'f till' separation, a resident of and within the limits and boundaries 
 "f the town of Peterborough, a corporation within the county of 
 Peterborough, it was held that the applicant was sufficiently described 
 resident, so as to be entitled to make the application. In re 
 ^omraid Peferhorowjh, 8 U. C. Q. B. 349. Where a freeholder of 
 to'viiship, though not a resident, applied to quash a by-law, and it 
 . * ^ obiecteil that, being a non-resident, he could not do so ; it was 
 held that, as a freeholder of the township, he had an intereHt in all 
 the l)V-laws passed by the township council sufficient to enable him 
 to move to (juash any of its by-laws. In re De la If aye v. Toronto, 
 , Tj Q_ (J. p. 317. So it has been held that the owner of real estate 
 ' tiie municipality which had been assessed, though not himself 
 named on the assessment roll, had a sufficient interest. In re 
 ^Jhn and Peterborouf/h, 16 U. C. Q. B. 380. Where the affidavit 
 stated deponent to be a ratepayer and a resident householder, it was 
 held unnecessary to give any further description of him. Baker v. 
 ParU, 10 U. C. Q. B. (521. Acquiescence of the applicant cannot be 
 orope'rly used against him on an application to quash a by-law proved 
 contrary to law, when other interests, both public and private, than 
 those of the applicant are affected. Per Wilson, J. , In re Fairhairii 
 anil Sandwich East, 32 U. C. Q. B. 582. Where the parties apply- 
 ing to quash a by-law incorporating a village, had voted at the muni- 
 cipal elections held for the village as incorporated : one of them had 
 been a candidate for the office of reeve, and another had been elected 
 to the school board, but none of them had promoted the passing of 
 the by law or had any part in the taking of the census required, it 
 I was held that the applicants were not estopped from moving to quash 
 ithe by-law. Re Fenton and County of Simcoe, 10 (). R. 27. See also 
 [Be Pick ami Corporation of O alt, 46 U. C. Q. B. 211. 
 
 (//) The power delegated to the Courts summarily to quash illegal 
 |by laAVS, &c., is one, so far as municipal institutions are concerned, 
 Ipeculiar to this country. Be Brodie and Bowman mile, 38 U. C. Q. B. 
 " Before the statute 12 Vict. c. 81, s. 165, the Courts had not 
 liny power summarily to quash by-laim of a municipality, see In r<- 
 WfU'ill and Peterhnrough, 9 U. C. Q. B. 562, and that power was 
 fcot extended to orders and resolutions till 22 Vict. c. 99, s. 194. 
 feee In n Daniels and Burford. 10 U. C. Q. B. 478 ; In re C(vsar and 
 lartwriijU, 12 U. C. Q. B. 341. " Regulations " for a public market, 
 dopted by the council, may be moved against as orders and resolu- 
 |ons under the meaning of this section. In re Snell and Belleville, 
 I U. C. Q. B. 81. See further, note k to this section. 
 
 (c) The Divisional Court ought not to entertain applications to 
 bash by-laws which should be made to a single judge. Landry v. 
 am, 11 P. 11. 442. 
 
 339 
 
^1'!" 
 
 ^:^ife''l 
 
 5" ; ■ ii 
 
 m 
 
 ill 
 
 'i \ ^ ' *m f •! 
 
 240 
 
 THE MUNICIPAL MANUAL. Tg jj, 
 
 (lucea to the Court a. copy of the by-law, order or resoliitio 
 (c?) certified under the hand of the clerk and under theco' 
 porate seal, (e) and shews by affidavit that the same w 
 
 (tl) The applicant iimst produce to the Court a copy of tha byki' 
 der or resolution, that is, of an exintlmj by-law, &c. Sotlmf*/ 
 
 order 
 
 before application the operation of the by-law be spent, In rt Ttf 
 and Haldiiiiand, 15 U. C. Q. K 380, or expressly repealed l!'^ 
 McOm and Peterhorouf/h, 9 U. C. Q. B. 5()2, the rule wiU 'helij'* 
 charged. lb. But where the repeal is after application to caia I 
 the by-law, and so a tacit acknowledgment of the iHt'gality of tl 
 by-law, the municipality may be ordered to pay the custs of th" 
 application. In re Coyne and. Dnnivich, 9 U. C. Q. B. 309 • /,, .^ 
 Co/eman, 9 U. C. C. P. 140. See further, Palterwn and ihne '-n 
 U. C. Q. B. 300. ^ ' •*' 
 
 (e) It is not necessary that the copy should be sealed witli wiv 
 An impression made in ink with a wooden block in the place of 
 seal would seem to be a sufficient seal, Reg, v. St. I'auPx Coivi/ 
 Garden, 7 Q. B. 23*2; see also Ilamillun v. Dennis, 12* 
 
 325 ; Ife Bell ami Blark; 1 O. H. 
 
 lie Cruome and the M 
 
 Council of Brantfortl, O. B. 188, especially if made on thu :ni|')]i ' 
 cation that such impression is the seal of the corponition. A'im/" 
 horn and Kini/.sfon, 20 U. C. Q. B. 133. See also In re ^filt.ia|^'l\ 
 Richmond, 28 U. C. Q. B. 333. See further, Ontario .Salt r,, ,. 
 Merchant's Salt Co., 18 tJrant 551 ; In re Seott and Ilarrii/, 20 U C 
 Q. B. 32. See also note a to sec. 288. AVhere the seal of the corijoration 
 though not mentioned in the clerk's certificate, was on tliesaiuepai-el 
 with the certilicatc, innnediatcly above it and opposite to thu sii/nature 
 of the reeve and clerk, tlieby-law was held to be suUiciently toiiiijlii 
 with. Baker v. Paris, 10 U. i\ Q. B. 02 1 . The court will discharge il rule I 
 to quash a by-law, moved on a copy of the by-law, veritied in a man- 
 ner different from that prescribecl by the statute, uide-ss the lenson I 
 for the variance is clearly and satisfactorily explained. Jhicliart \- \ 
 Brant, G U. ('. C. P. 130. Where the by-law was })asse(l by the I 
 corporation of two united townsiiips, and after dissolution of the I 
 union the ai)plicant produced a copy of the by-law certified undertliel 
 hand of the clerk cjf the senior township and under the corporate »eal I 
 of that township, the statute M'as held to have been sullicicntly com-l 
 plied with and the by-law (luashed. In re >Scott and Harren, '^'^ U. C I 
 Q. V>. 32. Where the copy of the by-law put in, not being certifieil 
 as the Act directs, could not be read, but the same was setoutati 
 length in affidavits tiled, the deponent swearing that a bylaw waji 
 passed by the town council in words following (setting out the bylaw) | 
 the materials before the court were held sufficient, hi re Sdiodl 
 Trmtees of Sandwich and Sandwich, 23 U. C. Q. B. 039. Acopyofl 
 the by-law filed was under the seal of the municipality and sworn tol 
 have been received from the clerk, .and opposite the seal was thel 
 signature, " M. F., City Clerk," with the words, "a true copy/'f 
 above. Held, sufficient. Kiniihorn and KimjHton, 2() U. C. Q. R| 
 130. See also Re Vashon and East Hawkeshn'ry, 30 U. C. C. P. 1 
 It will be observed that the statute is silent as to tlie right of I 
 clerk to charge fees for the certified copy or seal, while the statiitel 
 12 Vict. c. 81, s. 155, made it the duty of the clerk to give thecopyj 
 
 1 332.] 
 
 I i^eceived from tht 
 f or iiitfii'ested as 
 jdHys'service(i)or 
 
 !„„ly"uponpaymei] 
 ' ^/Eiiphram, 12 U. 
 
 ;f) The procedun 
 ^jil yet it is often d 
 Jin substitution. Se 
 hv„.W,3()U. C. Q, 
 J prodiicei' was receiv 
 I by T, was delivered \ 
 ^ jn )■,; fi.^lii r and Van 
 lcaiitsW)re tliat he r 
 Ithiviigli K. J. F., hi 
 Jdoiilitwl. In re Mot 
 iTlifstatnto does not r 
 [of the hy-law as ann 
 loulythiit it bo shew: 
 Jfrom tiie clerk. Bes 
 Klie coiu't will not, w: 
 ipeii.se with the prodi 
 liettion requires. In 
 iThe alKdavit ought 
 motion is made ; Fra8t 
 Q, 1). 280 ; but where 
 jefore a commissiouei 
 See also Kini/hut 
 |omiiiissioner merely d 
 lat stating of what cou 
 liiled. /.'' re //irons a 
 not he intituled " The 
 iay he "In the matte 
 |c, III >x Coiiefcr and 
 Inswer must, it is appt 
 ble which they are pn 
 J]3. "In the matter 
 lelil unoi)jectionabIe. 
 . B. mi 
 
 (h) Sec note a to this 
 
 (i) The meaning is th 
 p/ to answer tiie rule. 
 1 Aet was at least eiyi 
 bi was obtained neartl 
 lys after service, and d 
 Id ohjected that the n 
 ■rtain: /M/, that the ( 
 Ice. Pury v. Whitby, 
 
 l(i) The rule need not 
 Vporatiouof,"&c., bu 
 prporation," &c. In n 
 
 31 
 
 re 
 
8. 
 
 332.] 
 
 QUASHING BY-LAWS. 
 
 eiveJ fi'oi^ *'^® clerk, (g) and that the applicant is resident 
 '! interested as aforesaid, (h) the Court, after at least four 
 " service (») on the corporation of a rule (j) to shew cause. 
 
 day 
 
 1 "111)011 Piiyw^^t of his fees therefor. " 8ee In re Toionahip 
 ;11L«. 12 U. C. Q. B. 022. 
 
 Clerk 
 
 i'j) 
 
 The niooeduro pointed out by this section ia plain and simple. 
 
 1 vet it is often disregarded, and sometliing more ilitticult adopteti 
 ■ nUtitution. See per Richards, C. J., in Mottanhed and Prina 
 
 d 
 
 uUtitution. oee per j^icnaras, <.;. j., m iuouammi ami rnnce 
 
 i r/ffl/v/, 30 U. C. Q. B. 77. Where deponent swore that the copy 
 
 (luce'' was received by one T. from the clerk of the council, and 
 
 I pn ^y,^j, Jeiivcrcd to the deponent, the afHdavit was held suffit . ut. 
 
 '. yub r and Vaughan, 10 U. C. Q. B. 492. But where tlie appli- 
 
 Icomuiissioner merely (lescriDeu nimseii as • • a commissioner, &c. , w 
 lout stating of what court, it was held that the aliidavit must bo i 
 Itiik'l. /•' '■•' flii'oiix and Amherstburyh, 11 U. C Q. B. 4.^8. Itn 
 |ii„t lii: intituled "The Queen i\ The Municipal Council of," &c., 
 
 * \ sVoie that he received the copy from the clerk of the council 
 
 ♦t"iu'li 1{ •!• ^'j ^"^ attorney, the sufficiency of the alHdavit was 
 
 il ul'twl. 'in re Mottashed and Prince Edward, 30 IT. C. Q. B. 77. 
 
 ItI ■statute tloes not require that the affidavit should refer to the copy 
 
 f'tlie l)y-law a^ annexed, or that it should in fact be annexed, but 
 " 1 ji,,it it bo shewn that the copy produced is the copy received 
 f om tlic clerk. Benaey and iJrantham, 11 U. C. Q. B. If)*;. But 
 tlie couit will not, without sufficient cause shewn on aflidavit, dis- 
 -^,„se with the production of the copy of by-law, certilied as the 
 Ltiou reciuires. In re Buchart and Brant, 6 U. C. C. P. 134. 
 Thf alKtliivit ought to be intituled of the court to wliich the 
 motioii is made: Fraser v. Stormonf, Dundaa and Okn<jarri/, 10 U. C. 
 
 1! '28G ; but where it appearea from the jurat to have been sworn 
 kiore a commissioner of that court, the oljjection did not avail. 
 /;,' Sec also Kini/hornv. Kimjston, 26 U. 0. Q. B. 130. AVherethe 
 comuiissioner merely described himself as "acommissioner,"&c., with- 
 
 need 
 but 
 j,;iY he -'In the matter of W. S. C. and the Municipal Council of," 
 c. In rt Conger and Peterborough, 8 U. C. Q. B. 349. Affidavits in 
 iswer must, it is apprehended, be entitled in the same way as tlie 
 le which they are produced to oppose, See Tapping on Mandamus. 
 3. "In the matter of A. B., appellant, and C. I)., respondent," 
 ielil unolijeetionable. In re McLean and St. Catharines, 27 U. C. 
 B, 003. 
 
 1 [h] Sec note a to this section. 
 
 (i| The meaning is that the corporation shall have four full days at 
 Bsf to answer the rule. See note 6 to sec. 185. The time under the 
 
 1 Act was at least eight days. Where, under the old Act, the rule 
 yi was obtained near the end of the term, and made returnable eight 
 kys after service, and defendants appeared during the following term 
 Idobjeeted that the rule should have been to shew cause on a day 
 
 ■tain; Held, that the objection, even if good, was waived by appear- 
 ice. Perry v. Whitby, 13 U. C. Q. B. 564. 
 
 |(j') The rule need not be intituled "The Queen v. The Municipal 
 Irporation of," &c., but may be "In the matter of A. B. and The 
 frporatiou," &c. In re Conger and Peterborough, 8 U. C. Q. B. 49 ; 
 
 31 
 
 I i 
 
 • I 
 
 241 
 
 » 
 
 V 
 
 4]^ 
 
 tr;:iv! 
 
 :■■!:;'] 
 
 
 I 
 
 '■': 
 
 mil 
 
 ' i 
 
 ' .r 
 
 
 'U-k 
 
 ,1.1 
 
 1'^ 
 
 a 
 
 ::ii '"■ 
 
 
 
 » ■ 
 
 
 
 m 
 
 
 
 t''t 
 
 1 
 
 1 
 
 til- \- 
 
 
 
 fm^^^- 
 
 h 
 
 
lit' 
 
 ■m 
 
 1 
 
 
 Igf 
 
 ■ . ■'■f-M 
 
 
 :i ■•' ,': 11 
 
 1 
 
 'r 1 
 t f 1 
 
 242 
 
 THE MUNICIPAL MANUAL. k Sao I 
 
 in this behalf, nmy qunsh the by-law, order or resolution Ik] 
 
 MrLm.i and St. Catharine, 27 U. 0. Q. B. H03. Tho service jg to I 
 "on tho ocirponition," tliuruttire, whoro tho motion was to im|ii,i " 
 by-law ti>r taking ntoek in a railway company, on the return of tV i 
 nilo, Htid thonj^h tho corporation diil not show oauso, the cc ' 
 (locliiUMJ to hear counsel for the company. In re. lii/fini/H and Him, 
 tfr. 10 U. IJ. Q. IJ. 27;^. In a suliseiiuont case, where the eorpomtii, 1 
 declined to shew cause, tho oiirt refused to hoar counsel for gom,. !] 
 tho ratejiayers. In rr Wihh v. Ydnnonth, Q. IJ, |{. T. l8tt(J, '^l\ 
 further In re AfrKintio)!. and (JiUedonia, 33 Q. C. Q, U. o02 • //^J I 
 V. l\mln',>k,', O. K. 170. "" 
 
 (k) A Niiporiutending p.iwer of a judicial character is necesaarvin 
 order to kciep corjjorate hodiea of all kinds willun legal and reasoniihipi 
 limits ill the exercise of their powers. There has always ln'tMisiii,! 
 a power where the English law has prevailed ; without it great ophrl 
 sioii miglit he exercised and great confusion created. It is a (leaciin 
 tion ot control from which any court would rather lie reliowd, 
 the nature of things tho Legislature could not so exercise coutr 
 to meet tho exigency of eacii rtase ; it is, however, in tlieir pinv.i ti 
 vest thi- authority whoro tiiey tiunk best. The court ninst exercii 
 the autliority in each case under tho same sense of responsilnlity 
 they disijharge their other duties. Per Hobinson, C. J., in /„ ^i 
 liarrfai/ and Dar/liifffon, 12 U. 0. Q. Ti. 92. The power, so fai 
 as the (jiiashing of bydaws, onlera and resolutions is coiicernej 
 depends wlioUy on this statute : Sntherland v. East XIshokH, lyn' 
 C Q. I'l. (>2B ; and tiiat power will in general be exercised only whci 
 there is some illegality apparent on the face of the l)y law, &c, /i 
 re Hill (tnd Wa/snujkam, 9 I J. C. Q. B. 310; Oriersini v. OntniioJI,, 
 623 ; /// re Standley and Vespra and Sunnhlale, 17 U. C. (). K,'iJ9' 
 In re San-h'tt and York, U U. C. C. P. 161 ; //* re Sinird 'iiid' U 
 coin, 24 b'. C. Q. B. 142; Canndd Atlantic R. W. Co. v. 0^/.,Ha, 80J 
 R. 201 : or where the bydaw, order or resolution is siiewii to han 
 been pas-icil under circumstances which, by the express terms of thi 
 statute make it illegal. In re Laffertii and Wentwurth and llalton 
 U. C. Q. B. 2.32; Sutherland v. kaxt' Nixmmri, 10 {]. C. Q, B. fill 
 The power of the court is not, however, limited to cases Mhci 
 illegality appears upon the face of the l)y daw, but extends to casi 
 where tlie illcg.dity is entirely extraneous. See lie FentoHs.Hhim 
 10 O. 11. 27, where the cases on tiiis point are reviewed. A byhi 
 may l)e (|uashod if it has not been passed in the interest of the publi 
 but 8im[)ly to subserve the interests of an individual, lie Morii 
 and <hl!t of^ St. Tkoma.% 6 A. K. 323. See also //( re Peck awl Ct^ 
 ]toratiuii of Gait, 46 U. 0. Q. B. 211; In re Vashon and B] 
 Hawke.-^l>nr>,, .30 U. C. C. P. 194 ; HeiolMtn v. Pembroke, 6 0. R. Ill 
 PellH V. lionwell, 8 O. R. 680. The exercise of the power is in evci 
 case discietionary ; for it is not said the court .•<haU 4uash, but that 
 mat/ (^uash, &c. In re Ifodtfuon an^d York, Peel and Ontario, 13 f 
 0. Q. li. 268; In re Mirh'ie and Toronto, 11 U. C. C. P. .S86;9 
 also Bo(jart and lielle.inlle, 6 U. 0. 0. P. 428; In re Simmomai 
 Chatham, 21 U. C. Q. B. 73. And where the bydaw ia legal on il 
 face, and a great length of time has been allowed to elapse une 
 {dained, between the passing of the bydaw and the motion, tl 
 court will abstain from the exercise of its discretionary power. 
 
j J32.] QUASIIINO I)Y-LAW8. 
 
 whole or in part, for illegality, and, according to tbo 
 '" ,ilt of tlie applicHtion, award costs for or against the cor- 
 Ition. (0 46 V. c. 18, s. 334. 
 
 24a 
 
 '■'^Im ami Tecnmseth, 6 U. C. C. V. 297 ; In >•« Coftfr and Day 
 
 'V'l U U. C. C. p. '265; l» re 11 rant and Toronto, 12 U. C. C. P. 
 
 t" . /» re. Leddingham and lientuick, 29 U. C Q. H. 20(1 ; oapeci- 
 
 11' if it be shown that work has been done under the V»y-law, 
 
 ,,. expuu»le«l theroun<ler, or that tho l)y-hiw has homi otherwiso 
 
 "" " rt'd upon tlmt its ropoal would cauau much ini'Diivuiiience ; In 
 
 '" 1/ ,/,/.wi ami York, Pee/, and Ontario, 13 U. C. (-i. H. 2(58 ; In vf. 
 
 '/ JmA li>'n<'fi' 19 U. C. Q. J#. 591 ; In r« Afic/iie. and Toronto, 11 
 
 r '(' C P. :<T9 ; In re Scarlett and York, 14 U. C. C. W 1(51 ; In re 
 
 .|^',„j,(///ftHu7^)H,25 U. C. Q. B. 3«3; In re Piatt and Toronto, 
 
 dr C. Q- ^- ^'•'' -^^'^ '''' ^/''f^innon and Caledonia, 33 IJ. (?. Q. P.. 
 
 iuw Where a party complaining of a by-law permittetl a term of the 
 
 '5 ' jj of Common Law to olapao without moving to quaHh it, the 
 
 ("iirt rtf Chancery refused to interfere by injunction to reHtrain the 
 
 ic'lDvlitV from proceeding to enforce the provisions of tiio by-law. 
 
 r »// V /V;V/(, 10 Grant «4 ; iJrier v. St. Vincent, 12 (irant 330 ; 
 
 "(', 13 Grant 512, 518; Vandecar v. Eant Oxford, 3 A. U. 131. But 
 
 couise a hyhiw substantially illegal cannot (subject to the provi- 
 
 j of section 331)aflord any protection for M'liat has been tlone 
 
 ndcrit, anil so incidentally its validity may be decided in an action, 
 
 litthtrlml V. A/f(.>i< Ninsonri, 10 U. C Q. B. 626. So on an applica- 
 
 ion to qii.ish a conviction for something done contrary to a by-law, 
 
 lesi'ility of tho by-law, though not quashed, may be questioned. 
 
 ^,l,v'0.^ler, 32 U. C. Q. B. 324 ; AV;/. v. Cnthhert, 45 U. C. Q. B. 
 
 [9 If the by-law be not void without being quashed, all proceed- 
 
 m duly liiid under it while in force may be justified under it. 
 
 Irdaii'v. Darlington, 5 U. C. C. P. 432. No action can be brought 
 
 I anything done under it till the by-law is quashed. See sec. 338. 
 
 ;isiio ground of illegality for <piashing a by-law that it is not sealed 
 
 ith the seal of the municipality, for unless so sealed it is not a legal 
 
 •law and there is no jurisdiction to ([uash it as such. In re Croft 
 
 J Brooke, 17 U. C. Q. B, 269. In some cases that which was 
 
 iteiided to be a by-law, but is not in fact a by-law for want of the 
 
 irporate seal, may be looked upon as a "resolution or order," and 
 
 subject to the summary jurisdiction of the court on application to 
 
 ash. Tlie court has refused to quash a V)y-law on the ground that 
 
 Iqaorum of tho council was not present at its passing. Sutherland 
 
 &i< NixHOuri, 10 U. C. Q. B. 626. Where mere errors of calcula- 
 
 are charged, unless clearly made out, the court will not quash 
 
 by-law. Paffard ami Lincoln, 24 U. CJ. Q. B. 1 (>. And even if 
 
 wn to exist and to be extensive, the court will lean strongly to 
 
 support of the by-law where it appears to have been acted upon. 
 
 •rnonrnd Ontario, 9 U. C. Q. B. 623 ; Secord and Lincoln, 24 U. 
 
 Q, B. 142. Where an enquiry ia sought aa to corrupt practices in 
 
 passing of a by-law, with a view to setting it aside, the i)roceed- 
 
 inust be by summons and be confined to the particulars finally 
 
 fen by the applicant. Re Credit Valle;/ B. W. Co. and Cottntt/ oj 
 
 Mm, 6 P. R. 62. 
 
 i) The court awards costs *^f(yr or agMnut the corporation 
 
244 
 
 Tim* within 
 rhich tt|)|ill 
 
 THE MUNICIPAL MANUAL. 
 
 f.« 
 
 iff' I 
 
 iii;i 
 
 r,* ,»! 
 
 333. No n|)|)lioHtion to (luns'i a by-law, order or ros()lm 
 
 uatioii iiiuMt in wlu)l»' or in part, hIiuH bo enturtainud uiilesH tlio u|i|,r "'I 
 bviiMde. ^j,^|j jjj nmde within ono year from the imaging of th« l»v i '^l 
 ExMptioD. order or roHolution, (in) except in the case of a hy-huv 
 
 ac'conliiig ** to thu /V8t(// of the appUcHtion. See Brown nud, Y A 
 !> b'. (;. l^. M. i'i'.i ; In >>■ IWk and The Corjiumtion oJ'Uall, 40 i; "^ 
 Q. H. 'ill. Hut tlio nde is not iiapurativ*!. Where it whh sh 
 tliiit Mui a|)|ili(;iiat liiaiHuIf wiih a petitioner fur the imi-tioiilui' p '^i*' 
 tiiin moved a^aiiiHt. costH were refused iiiin tliouuh tiui t'tMoluti 
 •luaHlied. In >•<• Monll and Toronto, '22 U. (..'. C. I'. [\'>\\. \\\^J^^ 
 aiuuioipal corporation, ou being Horved with a rule um, iiihiiI(.(1 tli' 
 l)y-law cuniplained of, the oourt, notwithstanding, ohljjri.,! j) 
 pay the coHts of the api)liuatioa. In re ('oi/nc and iJiunrirfi » (• ,1 
 (I IJ. :m; In re Cultman, 9 U. C. C. V. 14(J. Wiiero imini,;, j 
 counoils act with an anxious deHire to comply with the provisiim ( 
 the Act, and witli a view to the promotion of the puldic licnelit mnl | 
 oatiooH made in the interest of private individiialH to \[\vm\\ u liv 1 I 
 if uiiHucci'HHful, HJiould he visited with coatB to i)e paid to tlie nim v'l 
 pality. /// re Moittijonury and litdi'ojh, '1\ U. C (J. p. [W)- .ig]! 
 Wiiere, however, it appears that the corporation hy its t|bi|.(;tj,'j 
 by law induced the application, costs will be refused to tlicin /I 
 iHatt V. Turonto, Xi IJ. C. Q. H. r>.3. Where the by daw niovwl ai-iiil 
 is confirmed by the Legislature i)ofore argument, the Lii/isLitu I 
 sliouhl make some provision for costs incurred. In rt UoldniuW 
 litl/crilln, 39 U, C. (J. B. 88. If the corporation do not, when uaiul 
 
 upon, siiew cau.so to the rule, though the rule l)e discharged, n,, c( 
 will bo given to them, AW/// ontl Toronto, 2.3 U, V. Q, li,'4'.',-,. 
 re W'l/cott and ICrneMnwn, .SS IJ, U. Q. B. 633. Where tlie aiii'lia 
 
 loanll 
 
 .>nly partially succeeds, it is not usual to give him costs. I'dHt.tM 
 'ind (Irtiii, IS V. C. Q. IJ. 189; Ex rcl. McMnlUn and <\nwl„c >f, 
 U. (". C r. 3.')t». The court iiuvy apportion the costs lietHun tJ 
 oarties according to the result. Snell and BdlerUlt,\\[) (' c (|d 
 !»4; !{>• lirodU- and ISowmanvilk, 38 U. C. Q. B. 580; //* ]; 'n^jh 
 'ind Ihlltnlk, 39 II. C. (I B. 88. Where the point raiaei vl 
 louljtful, tiie court discharged the rule without costs. In vi' sionl 
 ind I'Jrni-Mun'n, 39 U. C. (). B. 35.3. Where the Christian iiuiut J 
 rho applicant was incorrectly stated in the copy of rule served 
 the adidavits in answer were styled in like manner, the miifcilie 
 imving sulwequently been discovered, the court, hi uiakiiig ahsolu; 
 the lule to qu.ish tlio bydaw with costs, directed the costs jutiirrt 
 by tilt! corporation in consequence of the error to be duiUicteil. /j] 
 re Thom/i.son and Bedford, 21 U. C. Q. B. 545. Where tlie rule wj 
 discharged because the bydaw was not sealed, it was (li.suluiivii 
 without costs. In re Motlauhed and Prince Edward, 30 U. C, (^,B, 
 74, 
 
 (»/) This is a limitation of the power conferred on the court hytlJ 
 preceding section. Before any limit was imposed, and without ai 
 reference thereto, the courts required applications to (juasli to I. 
 made within a reasonable time. Walton v. Monai/lian, 13 U, C cl 
 P. 401 ; In re fioifart v. BelitviUe, 6 U. C. C. P. 425; Skm^'aA 
 Veyrn, 17 U. (J. Q. B. 69, see further Scarlett v. York, 14U. C.cl 
 P IGl ; In re Drope and Hamilton, 25 U. C. Q. B. 3G3; In rtMA 
 
 See note n to se 
 
l331, 
 
 iiiu iiiiiicoll 
 
 Sit'l'Vtd, i 
 the misukel 
 
 Dsts iuciirrd 
 iluuteil /il 
 tilt' rule Kii 
 (lisuliargd 
 
 loirw- 
 
 APPMCATI0N8 TO QUASH IIY-LAWS. 
 
 , (11,. iiHHrnt of elfict(»rH or rntoitnytTs, whon tlio by-liiw 
 
 245 
 
 ,1 iH'Cii Nuhinitted to, or Iiiih not rect'ivtul tli«> aHHont of 
 'lifters or ratepuyerH, and in Huch c«iHe nn upplicution 
 ' „li tlio J)y-lHW may bo nrnde at any time, (n) 40 V. 
 
 ';'„;i:ir). 
 
 ««i III ciiso a by-law by wliicli a rate Ih iniposod bas boon ^'uVh^T 
 . ,.||||iriitf(l in tbo manner horeinbotbre spociHe-d, (o) no iiiiimxinK • 
 lljlirttion to <luaHh tbo by-law hIuiII bo ontortainod, (/>) after [''.'.'I^Xm, 
 
 r' tl" proinul- 
 
 ,/,,„■, '-'3 V. f '■ Q. B. n09 ; Li'tfiniidhnin and linitiuck, 29 U. 
 
 tfiUed, 
 
 til, iiii'iuiiiiK <»t Hiifiilar words. Whon tlio hy law is inv.-ilid on it;* 
 
 I, iii;iv I'l' moved Hgiiiimt, iiltliou^li a yuivr Ims ehqwi'd from the 
 
 I i( „„„ nasHfil. ('(Hindu At/aiitir It. )V. Co. v. ()/tinra,H i). l\. 
 
 m Aii'i'i"'"''"*^ ''y''^^ iniiy bo moved ng.iinst aftor tlio expiry 
 
 i Mill' friiiii the juisHajje of tho ori^'inal bylaw, (1) when the 
 riiriiiil liv law Ih iiilni rhrM, but by the nmendinent is maile ii/fra 
 LV,y m' »» I'' ^'titioiiablo rh to demand the interfereuco of the 
 Lit i-l "''^'" *'"■ *>''iginal bylaw is objectionable, and the aniend- 
 Li livliuv cxtemU its objectionable proviMions to new objects, 
 b MiitiMV. "I" over a further jieriod of time. Per Uose, J., hi re 
 Miti aiiil'oiiiinildiia, b" (). R. .')73. When, howev»r, the original 
 
 rbtis (il>j('<'tion,'ii>le, and tho amending by-law limits its a)i])lica 
 bnrnmkfs soiiie immaterial verbid alteration, the court Hhould not 
 LiKTi', iiH the pfirty moving has lost his right to take tho objection 
 (ii'iiiiist the ohl l»y-law. Ih. It is in tho tliscretion of the court to 
 
 mire great iironiptness of ap])lication, and to refuse to cpuish a 
 
 •law, even though the application be made M'ithiu tho year. See 
 Bwrb of IJicliards, C. J., in '/'ai/!or ami Wi'tf Wif/iamx, 30 U. C 
 
 ,B, HIS; see further Carroll v. Perth, 10 (Jrant (54; (iricr v. iSV. 
 bVh', r.MJiaut .330 ; In re Ale Alpine and T<iii!ns/ii/) of h'ttjiheinia, 
 
 U.C. Q. B. 1!)!); fie Fciifon v. Snncoe, 10 (). R. 27; llardimj y. 
 
 vid'ip'if ('(irdiji', '2 (). 11. S'iO. It was at all times in the discre- 
 
 iiiof tlio cdurt to refuse to accede to an aj)plication to «|uash a by- 
 whiii great iiicouvenience wouM arise from the (juashin''. In re 
 
 III iml Torniito, 1'-' U. (\ C. P. .SoT ; see further noto A' to sec. 
 hi thi! case of a i>y-law imposing a rate and specially pro- 
 
 Ignted, the aiiplication is not to be entertained after three months 
 
 mi the third publication of the bylaw, ."^ee sec. 334 ; see also 
 
 m. 
 
 \{rt\ If a by-law require the assent of the electors or ratepayers to 
 Vier it valid, and no such assent be obtained, the by-livw will be 
 jld void. See note f/ to sec. 293. And in such a case the applica- 
 in to quash the by-law "may be made at any time." 
 
 |o) See sees. 329 and 330. 
 
 See note vi to sec. 333. 
 
 
r< 
 
 24C 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 33i 
 
 the expiration of three months from the promulfration / \ 
 46 V. c. 18, 8. 336. " w 
 
 Sy-uw/"^ 335. Any by-law the passage of which has been procured 
 obtained by through or by means of any violation of the provisions f 
 bribery, etc. gections 209 aud 210 of this Act, (r) shall be liable to C 
 quashed u[)on an application to be made in conformity wifi 
 the provisions hereinbefore contained. Is) 46 V c 18 
 337. ' ' 
 
 Procedure in 336- — ( 1 ) Before determining an application for the quasi 
 such case, -^^g ^^- .^ jjy.iaw upon the erround that any of the i)rov 
 sions of the said sections 209 and 210 of this Act hav 
 been contravened in procuring the passing of the same and'f 
 it is n)ade to appear to a Judge of the High Court thaf 
 Inquiry by probable grounds exist foi- a ^notion to quash the by-law tli 
 jSdge? Judge may make an order for i.v enquiry to be held, upoj 
 such notice to the parties affected as the Judge maydicy, I 
 concerning the said grounds, before the Judge of the Countv 
 Court of the county in which the municipality which passi 
 the by-law is situate, and require that upon the enquiry 
 witnesses, both against and in support of the by-law. beoia 
 examined and cross-examined upon oath before the Cuunb I 
 Court Judge, (t) ' 
 \ 
 
 (q) The inconvenience of quashing a by-law imposing a rate aftol 
 it has been acted upon for months, is generally greater than tlnl 
 inconvenience of allowing a by-law, though technically defective J 
 exist. The effect of this section will be important, in curing teiWcdl 
 defects in by-laws imposing rates. The limitation applies to bylanil 
 which have been specially promulgated, and connnences at the tii«| 
 of such promulgation. Per Draper, V. J., in Bo(jart v. Bi-lkcillfl 
 U. C. C. P. 42.5 ; and where the by-law imposes a rate, it wouldi 
 well for the applicant moving against it more than three months afia 
 its passing, to show tliat it has not been specially promulgated, /i 
 /€ Grant and Toronto, 12 U. C. C. P. 357 ; but see also remarks! 
 Draper, C. J., in liogart v. Selleville, 6 U. C. C. P. 425. If thefcrl 
 law moved against be one requiring the assent of electors or i 
 payers, and it be shown that such by-law was not submitted to i 
 electors or r.itepayers, the application to quaah it may be madei 
 any time. See note n to sec. 333. 
 
 (r) See notes to sees. 209 and 210. 
 
 («) See sec, 332. 
 
 (<) This section provides for an " enquiry," and afterwards for " 
 hearing and determination." The enquiry is to be held beforelj 
 Judge of the County Court, and the hearing and determiua 
 before a Judge of the High Court ; but before an enquiry cjiij 
 ordered, " probable grounds " for a motion to quash the bylau 
 
 s. 338.J 
 
 (2) The ( 
 
 ei'ideuce so 
 
 tlie High C 
 
 [ evidence, anc 
 
 Court may, t 
 
 ie thinks pro 
 
 I {^i) and if th( 
 
 totily estabJis 
 
 bj-Jaiv, and h< 
 
 ' io be paid by 
 
 ' tiie bv-Iaw ; a] 
 
 Itiie by-law oiig 
 
 ■ aiid in his diao 
 
 |a/)])Jjiiig to qu; 
 
 ZZt After a 
 
 enquiry, aiic 
 
 jAe cJerk of the 
 
 Jtion, all fuither 
 
 luntiJ after the ci 
 
 [tlie enquiry Jias 
 
 ecuted to the sa 
 
 aj of proceedin 
 
 ZZ^. In case 
 iriioJe or in par(| 
 
 » shewn to the Jiu| 
 my all witnesses, 
 I oraWy examined 
 ilt apparently no el 
 Tjice of witnesses oiil 
 jiy he compelled bl 
 Iplication is pendi/ 
 
 [(k) As to what is 
 iKent, 9 B. & C. 2J 
 jC. P. 252. 
 
 m See note I to sj 
 
 p) It is not necess 
 Ithe by-law in o/dt 
 ■^lon For exampll 
 oard contrary to 1 
 |l.w being illegal. 
 
 yy-'a*j;qij;isbed," 
 *»w- There may 
 pout taking that ( 
 foil IS to deprive 
 pug as the by-law 
 
ACTS DONE UNDER ILLEGAL BY-LAWS. 
 
 247 
 
 I'-)) The tiOUUI/^ v^uw.u uuwgo o».«xx v.i,.ic»|^i^xi »^w«xw v,x«^ 
 
 1 ce so taken before him to one of the registrars of 
 *r Hiffh Court at Toronto ; and after the return of the 
 
 tlie Higli 
 
 •1 pp and upon I'eading the same, a Judge of the High J«Jg«Dent. 
 
 Couv 
 
 •t may upon notice to such of the parties concerned as 
 
 338. 
 
 9. 338.] 
 (2) The County Covirt Judge shall thereupon return thej^f^"™^"' 
 
 IC 
 
 .i 
 
 ic 
 
 L.V- 
 
 th'pks proper, proceed to hear and determine the question i 
 
 \ 1(1 if the grounds therefor appear to him to be satisfac- 
 1 I'v established, he may make an order for quashing the 
 K 1 V and he may order the costs attending the proceedings <^*>*"- 
 
 h n'aicl by the parties or any of them who have supjjorted 
 
 J? bv-'law • and if it appears that the application to quash 
 
 ill bv-liiw ought to be dismissed, the Judge may .so order, 
 
 \ ill his discretion award costs, to be paid by the persons 
 jjj.lyiug to quu«h the by-law. (a) 46 V. c. 18, 
 
 nqq ^fter HU ordcr has been made by a Judge directing Stay of 
 
 1 euqi'iO'' *^"^ ^^*®^' ^ *^^^^ ^^ ^^^^ order has been left with oJahe'^by?' 
 UV clerk of the corporation of which the by-law is in ques- >«^- 
 ItiQn all further proceedings upon the by-law shall be stayed 
 Inntil aftef the disjjosal of the application in respect of which 
 Ithe enquiry has been directed ; but if the matter is not pro- 
 
 eeuted to the satisfaction of the Judge he may remove the 
 
 ay of proceedings. 46 V. c. 18, s. 339. 
 
 338. In case a by-law, order or resolution 
 fhole or in part, (b) and in case anything has Ijeen done for"w!u'done 
 
 " under illfgal 
 
 ishewn to the Judge to whom the application is made. On the en- ^' **' 
 ■iry all witnesses, both against and in support of the by-law, shall 
 
 orally examined and cross-examined before the County .Judge ; 
 It apparently no express provision is made for compelling the attend- 
 
 ;e ot witnesses op the enquiry ; in all probability their attendance 
 
 AT 1)6 compelled by subpoena issued out of the Court in which the 
 
 ilication is pending. 
 
 (HI As to what is a hearing and determination, see Hex v. JuMlceA 
 \tfytt, 9 B. & C. 283, and In re Judije of Perth and Robinson^ 12 U. 
 ^C. P. 252. 
 |r) See note I to sec. 3.32. 
 
 m] It is not necessary that the illegality should appear on the face 
 
 Ithe by-law in order to bring into operation the provisions of this 
 
 tion. B'or example, in the case of a road, if it be run through an 
 
 hard contrary to the statute, there ciin be no question about the 
 
 f.law being illegal. In such a case the party must apply and have 
 
 ll)y law quashed, before he can sue for anything done under the 
 
 l.law. There may be cases where parties might maintain actions 
 
 bout taking that course ; but it is apprehended the effect of the 
 
 ilon is to deprive parties of any action whatever against any one, 
 
 Dug as the by-law has neither been quashed nor repealed, when- 
 
 is illegal in,^'"ni«jP»I"y 
 
 " to be liable 
 
 fkiMM 
 
 litLintm 
 
 llpFp 
 
 «||i|!t 1 
 
 % W 
 
 ;I^!H 
 
 ■ '-: jj'! '' 
 
 l'[; ',ii|nl 
 
 'S^\ %\ 
 
 ii::.;^«H 
 
 ' ■ *■ ■*. 
 
 till 
 
 ■ • tMJi-. 
 
 It 'H' ' VM 
 
 .' \\ |.Bv' 
 
 lU ' ^S^^ 
 
 -,fw j 
 
 ;|| ill M 
 
 ,i:]K| i 
 
 \ S \ 11 M 
 
 :i' p 1 
 
 iU jil ^ 
 
 mik\ 
 
 ill f jyali 
 
248 
 
 Notice of 
 
 MtiOD . 
 
 THE MUNICIPAL MANUAL. fg 33^ 
 
 t 
 
 under it (c) which, by reason of such illegality, gives anv 
 person a right of action, (d) no such action shall be broiight 
 until one month has elapsed after the by-law, order or reso- 
 lution has been quashed or repealed, nor until onr nionth' 
 notice in writing of the intention to bring thf action has 
 been given to the corporation, (e) and every such action .siiall 
 be brought against the corporation alone, and not against iinv 
 person acting under the by-law, order or resolution, (f) li 
 V. c. 18, s. 340. ' ^ 
 
 ever it ia made to appear that what is complained of was (lonTiurr 
 a by-law. Biack v. White, 18 U, C. Q. B. 371 ; Smith v TomiT- 
 U. C. L. J. 239. When the by-law is quashed or repealed ±q ^J ' 
 must be brouglit against the corporation alone, and not against th 
 person acting under it. Black v. White, 18 U. C. Q. B. ,371. 'n 
 quashing or repeal of the by law is not to be regarded as takinetli' 
 defence from parties acting under the by-law while in force • for ii 
 proceedings had under it while in force, if legalized by it, may n ? 
 withstanding its repeal or being quashed, be justified under it ft i 
 Macauhiy, 0. J., in Barclay v. Darliiigloii, 5 U. C. C. P. 435. 
 
 ((•) Are these words to be held to mean only anythii' ' doneintli I 
 execution of the by-law or for the purpose of carrying it out or a I 
 they not to be construed to meaii .also anything done in reliance I 
 the legality of the by-law, as, entering upon land which, if theiri 
 law ))e valid, is a public highway, but which, if the by-law be nJJ 
 valid, leaves the parties exposed to be treated as trespassers ? Unkl 
 the latter construction be adopted, the Act will in tliis respect iVir 
 in many cases of the efifect which must have been intended PA 
 Roliinson, C. J., in Black v. White, 18 U. 0. Q. B. 369. ' 
 
 (d) The right of action intended is a right of action for ttJ 
 recovery of damages, in which it may be important to tender aineiKid 
 It does not therefore apply to actions of replevin, when hmm 
 merely to try the right to the property replevied. Wlhni, ^- i/,;/,//j 
 ■sex, 18 U. C. Q. B. 348 ; HayiieH v. Gopeland, 18 U. C. c! P. ij 
 .See also Malott v. Township of Mersea, 9 O. R. 611. 
 
 (e) The section declares that no action shall be brought unii 
 the by-law, &c., lias been quashed or repealed for one iiioJ 
 and this, as already mentioned, precludes the bringing of tlie attii 
 while the by-law, &c., subsists, see Carmichael v. S/ottr, 9U. C.ll 
 P. 423 ; but it does not follow that the Statutes of Liniitatinnsoiij 
 begin to run from the time of quashing or repealing. It is clear tu 
 actions may be brought (though only against the corporation) i 
 things done under the illegal by-law, &c., that is things done in t 
 suance of, or in execution of it, or under its authority while in for 
 The right of action may be held to vest the moment the thing isio 
 and, if so, every statute limiting a right of action of thr nartictj 
 kind would begin to run forthwith. Were it not so, erv d 
 matters might be made grounds of action against niuuieipal coiicj 
 which (in the case of individuals) would be outlawed. 
 
 s, 339.] 
 
 339. Jn oaf 
 
 tiff 01' Jifs sol 
 |[vtra versed) pro\ 
 ■ is recovered, t, 
 i be taxed to the 
 'tlie balance due 
 naiy cases. (/*) 
 
 I case the time for I 
 I to expire. See JIi 
 
 I (1/) The hw as ti 
 biiblic, 
 
 „ J. Definition. — A 
 m satisfaction of a 
 [Mder a by-Jaw, ord 
 
 2. How made. — A 
 
 litMl V. Kimj, 6 ( 
 
 itowj V. Harnif, 3 
 
 [nestion for the Jnj- 
 
 ■ ililhiini, i U, Q_ (' 
 
 beofspeoie; but a 
 
 J!iiul of being notes 
 
 le precise suni inti 
 
 -jiiiriiig change. / 
 
 Ji'litto be actually p 
 
 J/f V. Sivppp.-itone, 3 ( 
 
 |1; but this may bl 
 
 *i(!er is made, as, m-J 
 
 Aet, and plaintiff s'J 
 ,o(feririg it, fo,. j ,^,,-j| 
 
 J; Jachon v. Jacohl 
 
 f^.'^l; Mathrwl 
 
 'money cannot be iil 
 
 Towhdtnmcide .1 
 
 ' «ie plaintiff or his 1 
 
 e made before the m1 
 .!«' "onld be morJ 
 
 I'ftiie solicitor is aul 
 lilaiits previous to s| 
 
 /'7 pay him the f 
 
 CO the solicitor A 
 
 "rcinnstances, be oil 
 
 f'y one generally eml 
 
 (j) Whether notice of action can be given before the by law, icj 
 quashed or repealed is doubtful, but the question is material onljj 
 
 pe object of the t 
 Fadrnitsacause 01 
 M tfiorefi'om. The 
 lYife'''t to bring th 
 r °«nydamaSes 
 
 f *'« tender, aidr, 
 o2 
 
338. 
 
 s any 
 ■ougU 
 r reso- 
 lontWs 
 on \m 
 
 mst imy 
 
 i) ^5 
 
 ACTS DONE UNDER ILLEGAL BY-LAWS. 
 
 24i» 
 
 8. 339.] 
 
 „nq In case the corpoi'ation tenders amends to the plain- Tender of 
 
 •ff or liis solicitor, (t/) if such tender is pleaded and (if 
 
 t pised) i)ioved, and if no more than the amount tendered 
 
 • covered, the plaintiff shall have no costs, but costs shall 
 
 V t' xed to the defendant, and set off against the verdict, and 
 
 1 lalaiice due to either party shall be recovered as in ordi- 
 
 arvwses. (A) 4G V. c. 18, s. 341. See sec. 430. 
 
 , j.i,^e for bringing the action ia limited, and the time about 
 See McKciizie v. Kingston, 13 U. 0. Q. B. 634. 
 
 one vrndet 
 7Voii(o, " ' 
 che actifiB I 
 vgainst the I 
 371. TW! 
 taking the 1 
 vce ; for all j 
 ;, may, not- • 
 :\er it. Pfr| 
 438. 
 
 r done in the] 
 it out, or atel 
 n reliance oil 
 ih, if tlieliyl 
 y-la\v i)f mJ 
 iers ? Unlesil 
 is respect iiill 
 teuiled. Pil 
 
 lotion for thl 
 
 li'iKler ameniii 
 
 fhen brirtigH 
 
 \m> V, Mi\ 
 
 IC. (;. p. 155 
 
 "Drought iMl 
 \x one motl 
 L of tlie actii 
 ptr,9U.C,' 
 tmitatinns oi 
 Jltisckutl 
 lorpovatimi) 
 Igs lione in 
 
 while in foi 
 
 |e thing i*f«i 
 
 thr nartici 
 
 80, -ery si 
 
 liii'inal couik 
 
 oumi 
 
 . by-la'', it] 
 linaterialonls 
 
 case the i 
 to expire. 
 . , rjijjg jj^^y as to tender ia not much understood by the general 
 
 public. 
 
 I DfUiiition. — A tender in this section means the offering of money 
 |. ^„tigfactiou of a cause of action arising out of something done 
 
 'er a by-law, order or resolution, quashed or repealed. 
 
 Hon' made. — A tender must be unqualified and unconditional. 
 htll V. Kiiirj, 6 0. & P. 237 ; Jemihu/s v. Major, 8 C. & P. 61 ; 
 I,/ V. H'irrH/, 3 Bing. 304. Whether conditional or not, is a 
 i'nestionfor the jury. Mari^den v. Gooi^.e, 2 C. & K. 133; Milhimi 
 ]fnhnrn, 4 U. 0. Q. B. 179. Strictly speaking, the tender ought 
 ' be (if specie ; but a tender of bank notes, if not objected to on the 
 ul of lieing notes, will be good. Bloio v. linHnell, 1 C. & P. 365. 
 precise sum intended, or more, must be tendered, M'ithout 
 luiriii" change. Brady v. Jone.% 2 1). & R. 305. The money 
 lhtto"l)e actually produced, Kraux v. Arnold, 7 Mo">. 59 ; Lenfher- 
 Stccpp-tlone, 3 C. &. P. 342 ; T/iompson v. llamlUon, 5 O. S. 
 ii' but tliis may be dispensed with by the jnirty to whom the 
 ider is made, as, where defendant said he had the money in his 
 iket, aui1 plaintiff said, " You need not give yourself the trouble 
 offering it, for I will not take it." Domjlnss v. Patrick. 3 T. R. 
 Jachmi V. Jacob, 3 Bing. N. C. 869; Llado v. jMor<ian. 23 U. 
 If. p, olT ; Mathcmn v. Kelhj, 24 U. C. C. P. 598. A receipt for 
 money cannot be insisted upon. Eichardson v. Jackfon, 8 iVl. & 
 298;"C'o/(; V. Blake, 1 Peak 179. 
 
 Towhmimade. — Under this section the amends may be tendered 
 
 the plaintiif or his solicitor." A tender, strictly speaking, ought 
 
 niailo before the writ is sued out, and if made to the plaiutifl' 
 
 iclf would be more satisfactory than if made to his solicitor. 
 
 if the solicitor is authorized to settle the business, and writes to 
 
 ilants previous to suing out the writ warning them of the action 
 
 is they pay him the money or the like, the tender may clearly be 
 
 to the solicitor. Sellon, Pr. I. 315. The solicitor must, under 
 
 lircuuistances, be one employed in the particular action, and not 
 
 )ly one generally employed by plaintiff. Jb. 
 
 J The object of the tender is to prevent useless litigation. The 
 fer admits a cause of action, but limits the amount of damages 
 fcg therefrom. The party tendering in effect says, "I admit you 
 |a right to bring this action, but I do not admit that you are 
 jled to any damages beyond the amount tendered. " If plaintiff 
 |ie the tender, and recover no more than the amount tendered, 
 
 32 
 
250 
 
 By-laws for 
 foiitracihig 
 debts. 
 
 TenriK c t 
 
 THE MUNICIPAL MANUAL. 
 
 Division VI. —By-laws Ckeatinq Debts. 
 
 Bequisite formalities. Sees. 340-342. 
 Principal may be repayable by annual instalments. 
 Special rates a charge on property. Sec. 343. 
 Assent nf electors, when required. Sec. 344. 
 When special couyicil meeti7ig requisite. Sec. 345. 
 When repeolable and when not. Sees. 346, 347. 
 Illeonl repeal to be ignored by municipal officers. 
 
 [s- 340. 
 
 Sec. 342. 
 
 Purchase o/])ublic works, etc., by councils. 
 Pates to be imposed therefor. Sec. 350. 
 Registration of By-laws, Sees. 351-356. 
 
 Sec. 349 
 
 '%c. 348. 
 
 340. Every municipal council may, under the formalities i 
 required by ]mw, pass by-laws for contracting debts by borrow. 
 ing money or otherwise, and for levying i-ates for payment of 
 such debts on the ratable property of the niuuicipiuitv f, , 
 any purpose within the jurisdiction of the council, (k) bu'tri i 
 such by-law shall be valid which i.s not in accordance witJ 
 the following restrictions and provisions, (/) except in so fail 
 
 he loses his costs, and is compelled to pay the costs of defeudac* 1 
 wliich may be set ofif against his verdict. ' j 
 
 [k] In ordinary trading, corporations have clearly an implied powerl 
 to borrow money for the purposes of their business, and to eivel 
 seci'.iities for the repayment of the same. Curtis v. Learit, 15 yy 
 9; Barry v. Merchautx' Exchange, 1 Sandf. Ch. (N. Y. ) 280; Vw, 
 v, J'hd'tiix Glass Co. 14 Barb. (N. Y.) 358; but whether such J 
 
 Cahul liankn v. Supervisors, 5 Denio. (N. Y.) 517 ; liarhn-y Loo)«J 
 6 Hill. (N. Y.) 463 ; People v. Bremian, 39 E-.rb. (N. Y.)522. Ill 
 power, however, is here in express terms conferred subject to certi!! 
 limitations. Express power to borrow implies tlio power to dii 
 aecnrity to the lender. liailroad Co. v. L'rausville, If) Ind, m 
 Cninminiwealth v. PittHhurg, 34 Pa. St. 496 ; Mkhlletim v. AUnM 
 Co., 37 Pa. St. 237 ; Seyhert v. PUtsbunj, 1 Wall. 272 ; Ik Youl 
 liichinoiiil, 18 Graft. (Va. ) 3.38; Jiogers v. BHrtinijfon,^ Wail. 6o| 
 Galena v. Corwith, iS 111.423. It has been held that a miimcipT 
 corpoiation has no power to borrow at a greater rate of intensttlia 
 six ]) r cent. See note p to sec. 340, sub-s. 3. Where tiie nioiiil 
 is boimwed for one ])urpose it cannot in general be apjiliedl 
 the Cnuiicil to a different purpose. Brogdin v. Hank nf I'jA 
 (\i)iail(i, 13 Grant 544 ; see further Baxter v. Kerr, 23 (In 
 S67. 
 
 (I) The power to raise money by municipal taxation is lial 
 
 5. 3iO 2.} 
 
 as is otherw: 
 
 tliis Act ; 
 
 1. The b^ 
 ofpiiWic woi 
 iu wLicii the 
 effect, and if 
 the passing- tl] 
 
 2. If not c( 
 
 piircimse of pi 
 
 ilieieto, the w 
 
 tijerefor shall 
 
 fi'Oiu the clay ( 
 
 debt is coutrac 
 
 like manner be 
 
 on which the b 
 
 abuse. For tJie s 
 
 of tlie ratepayers 
 
 (leciared tliat no 
 
 in accordance v/ 
 
 statute is not simr 
 
 Tkma.% 3 U. C. C 
 
 315 ; Weston v. Sij] 
 
 M ; Smith v. Mo. 
 
 (m) As to vvhici 
 
 («) It seems int 
 stated a day on ^ 
 I iiJiicii a by-law is 
 5 tLereof, though it 
 I; ation to mark the 
 ^ ever, meant that „ 
 i eitriiisic to the by 
 Iliad come into oper 
 Jirould require to se 
 iiiere legal, and mk 
 ilaw took effect " 
 1 1/. C. C. p. 384. . 
 <ioiie under the by- 
 Aliiwid; 41 U. C. I 
 r° ^■''^<'' effect must 1 
 Jis passed. It is not, 
 |J"»XT to postpone tl 
 piilisequentyear. 
 
 '"' 'riie power to l 
 ^s>.wireit8paynieij 
 Poi'i,ded on tlie prin<f 
 ■"•acttd is one whici 
 
340 2.J 
 
 BY-LAWS CREATING DEBTS. 
 
 251 
 
 is otherwise provided in the next following two sections of 
 this Act : 
 1 The by-law, if not creatine a debt for the purchase y'?»^°*<* ^ 
 
 i- ^' "^ 1 / \ 1 11 1 • ii ^. -1 take effect. 
 
 of public works, (m) sliail name a day in the nnanciai year 
 ■ ^yijich the same is passed, when the by-law is to take 
 effect, and if no day is named, shall take effect on the day of 
 
 (lie passing thereof: (n) • 
 
 Tf not contracted for gas or water- works, or for the ^\"^ <'«^' 
 niircliass of public works, according to the statutes relating deemed. 
 thereto, the whole of the debt and the obligations to be issued 
 
 therefor shall be made payable in twenty years at furthest 
 
 from the (lay on which such by-law takes effect; and if thp^f^o'K^'O' 
 
 debt is contracted for gas or water-works, the same shall in etc. 
 
 like manner be paid in thirty years at furthest from the day 
 
 on which the by-law takes effect ; (o) 
 
 ibiise. For the security of the creditor, as well as for the protection 
 of the ratepayers, restrictions are necessary. It is here expressly 
 declared that no such by-law as authorized shall be valid if not 
 in accordiince with certain restrictions and provisions. The 
 statute is not simply, as formerly, directory. See In re Sdls and St. • 
 Thma.i, 3 U. C. C. P. 285, 291 ; see furtlier Baltimore v. GiU, 31 Md. 
 375; Weston V. Syracuse, 17 N. Y. 110; Ketihumv. Buffalo, 14N. Y. 
 356 ; Umith v. Morse, 2 Cal. 524 ; Galena v. Convitli, 48 111. 423. 
 
 (»i) As to which see sec. 349. 
 
 (n) It seems intended that in the body of every by-law shall be 
 stated a day on which the same is to take effect. The date on 
 which a by-law is to take effect does not necessarily form a part 
 ' thereof, though it may be the practice of some officer of the curpor- 
 ation to mark the day of its passing on it. " T<he Legislature, how- 
 ever, meant that it should not be necessary to refer to any thing 
 'extrinsic to the by-law for the purpose of learning when it would or 
 _a(l come into operation. The purchaser of a debenture, for instance, 
 l-woukl rtquire to see that it and the bj'-law under which it was issued 
 Here legal, and might, on that account, require to see when the by 
 llawtook effect." Per Draper, C. J., In re Michie and Toronto, 11 
 |U. C C. P. 384. But where no day is named and nothing has been 
 done under the by-law, it ought to be quashed. In re Nkhol and 
 ihiwick, 41 U. C. Q. B. 577. The day named in the by-law for it 
 I take effect must be in the same Hnancial year in which the by-law 
 ! passed. It is not intended that the municipal council shall have 
 ower to postpone the operatioi^of such a by law to the next or any 
 nhsequent year. 
 
 (o) The power to contract a debt payable at a future period, and 
 
 1 secure its payment at the period by tlie ratepayers then living, is 
 jlouiided on the principle that the object for which the debt is con- 
 Iracted is one which will benefit future ratepayers ag well as those 
 
252 
 
 Yearly rate. 
 
 Intereit on 
 inTMtments 
 how esti- 
 mated. 
 
 THE MUNICIPAL MANUAL. [g^ gi a . 
 
 3. The by-law shall settle a certain specific sum to be rai 
 annually, for the payment of interest during the currencv^*^^ 
 the debentures ; also, a certain specific sum to be raised 
 nually for the payment of the debt ; such sum to be sucl"^" 
 will be sufficient with the estimated interest on the inv ? 
 ments thereof, to discharge the debt when payable • (p\ 
 
 4. In settling the sum to be raised annually for the 
 ments of the debt, the rate of interest on investments shall i"\ 
 be estimated at more than five per cent, per annum to 1 
 capitalized yearly ; (q) ' e 
 
 Property on 5. The by-law shall provide that such annual sum sliaii i 
 
 which rate • i i i • i ■ i , . , " °""' ^Jiail Ije 
 
 to be levied, raised and levied m each year by a special rate, .sufticicnt 
 therefor, on all the ratable property in the municipality (•) 
 or, if the by-law is for a work payable by local assessment on 
 all the property latable under the by-law or per foot frontair 
 as the case may be ; ' ° 
 
 living at the time the debt is contracted. This is quite consistent 
 with the policy of municipal law, as exphiined in notes to sec. ,*)57 
 
 (;)) The by law is to settle a specific sum to be raised anmiallv 
 
 Mot to leave it to a municipal officer to be comijuted Sm 
 ; Co. V. Midfllrsex, 10 U. C. Q. B. 93. The enactment 
 
 and is 
 
 Cdiifida i-o. V. lu 111.1 ni'si'-jc, lu \j. yj. \<i. d. y,r j.ne enactment \\ 
 applicable to by-laws granting to trustees of school sections authoritf 
 to issue debentures for the erection of a school house. In re. Mchilim 
 and Eldtrslic, '11 U. C^. C. P. r)8. It is provided that the ccuincil 
 may, in its discretion, make tbe principal of the do))t piiyjilile by 
 annual instalments (sec. \W1). It has been held that unuiicinal cor- 
 porations cannot raise money at a rate of interest exceeding six per 
 cent. IVi/.ton and t/it: Miiniripal Covncil of Ehjin, 13 U. C. Q?I5. 218' 
 but see now North (Iwillhnlmry v. Moore, 15 U. C. C. P. 44,"); 7„,.j 
 Xichol and Alnivick,^4l U. C. Q. B. 577; Scdttish American 'lun'it- 
 meat Co. v. E/ora, 6*A. R. 628. A corporation can bo coniijullwl to 
 levy the rate required for the sinking fund Clarke v. Pubnmion 
 6 U. R. Gift. See notes to sec. 357. 
 
 (7) It does not appear to be necessary that the by-law should set 
 forth tlie fstimnles on wliich it is founded. The court will intend 
 that proper estimates have been made, in the absence of evidence! 
 tliat they are wanting. If the rate is demonstrated to be insiitiicieiit 
 the Ijy-law may be cjiuished. The corporation has no power by reso- 
 lution to appropriate money from the investment of the sinking fund 
 to any other purpose. Be Barber and Ottawa, ,S9 U. C. Q. K '" 
 
 (r) It does not appear to be necessary that the by-law should state I 
 the rate to be calculated at so much in the dollar on the actual value I 
 of the ratable property ftf the municipality. Tylee v. H a<(?r/oo, 9 U.C. i 
 Q. B. 572. [n the absence of anything to the contrary, the cnnrtl 
 will intend that the council has acted according to law. lb. TtA 
 council is empowered to apply surplus income and other surplus fundil 
 to the payment of the debt. Sec. 377. 
 
 I (i) As to which 8( 
 
340 6 (d)'] BY-LAWS CREATING DEBTS. 263 
 
 6 The by-law, unless it is for a work payable by local Recitals : 
 ^Msment, (s) shall recite : {t) 
 
 (a) The amount of the debt which the new by-law is in- •*"«>«>«»* and 
 tended to create, and, in some brief and general debt"; ° 
 terms, the object for which it is to be created ; 
 
 ,ij [fiie total amount required by this Act to be raised Amount to 
 ' annually by special rate for paying the new debt ^nu^iy; 
 and interest; 
 
 I A The amount of the whole ratable property of the The value of 
 municipality according to the last revised, or re- pio^r^'* 
 vised and equalized assessment roll ; 
 
 id) The amount of the existing delenture debt of the Amount of 
 municipality, (u) and how much (if any) of the debt"'' 
 
 li) As to which see sec. 341. 
 
 It) It was at one time held that the omission of a prescribed recital 
 Idid not invalidate the by-law ; that the statute was directory and not 
 I imperative. See In re Sells and St. Thomas, 3 U. C. C. P. 291 ; see, 
 i however, the followmg note. 
 
 (u) The by-law should describe the debts and their amounts. See 
 \Cmda Co. v. Middlesex, 10 U. 0. Q. B. 93 ; Ex parte Hayes and 
 \hro)itOf 1 U. 0. C. P. 255. These may be shewn in the recitals of 
 Itbe by-law. Where a by-law recited that the amount of the whole 
 Iratable property of the township, according to the last assessment 
 [returns was £114,75(5, and that it would require the annual rate of 
 Isji inthe pound as a special rate for payment, &c., and then enacted 
 ithat a special rate of 2id. should be levied to pay the principal and 
 linterest of the loan to be raised under the by-law, and that the pro- 
 ceeds of such special rate should be applied solely to the payment, 
 ic, until the same be fully paid and satisiied : Held, that the recital 
 IS to the amount of ratable property and the assessment returns was 
 wifficient, and that it sufficiently appeared that the amount was to be 
 aised in each year. In re Cameron and East Ninsouri, 13 U. C. Q. B. 
 190. In onb part of the by-law the re^ve was empowered to issue 
 lebentures for such sums as should be from time to time required for 
 he purposes mentioned, but not to exceed in the whole £10,000. In 
 lubsequent clauses a special rate was imposed to pay " the said sum 
 [ £10,000," and the application of "the said sum of £10,000" was 
 ointed out. The debentures were directed to be made payable 
 [■mthin twenty years of the time that this by-law shall come into 
 Deration." Held, that the amount of the loan, and the time when 
 U debentures were to be made payable, was stated with sufficient 
 jertainty. lb. See also In re Lloyd and the Corporation of Elderslie, 
 1 U. C. Q. B. 235 ; In re Oilchrist and the Corporation of Sullivan, 
 1 U. C. Q. B. 588. Where a by-law provided that the site of an 
 |d town-hall should be disposed of, and any money above the pro- 
 leds of the old hall required for the erection of a new one, should 
 ! levied on the ratable property in the municipality, but did not fix 
 
264 
 
 THE MUNICIPAL MANUAL. [s. 340 6 (fh 
 
 principal or interest is in arreai*. (v) 4G V c 1 « 
 8. 342. ' ■ ' • 
 
 \t.m<iM 
 
 the amount or the rate to be levied, tliis part of the by-law wim h u 
 bad. In re Hawke and Wellcdey, 13 U. C. Q. B, (530. Wliene,", 
 ill computation only are shewn in a by-law, though extensive tl' 
 
 Court will lean strongly to support it, especially when it has b 
 acted upon. Secord and Lincoln, 24 U. O. Q. B. 142 ; ih'ieraon 
 Ontario, 9 U. C. Q. B. 623. Not only the rate must bo mentioi , i 
 in the by-law, but the amount to bo raised thereby, see 3W ' 1 
 Wattrloo, 9 U. C. Q. B. 572, and also the purpose or obieot for u-i!'' I 
 
 it is required 
 William Allan 
 588, or "for 
 (iore Bank 
 
 Ih. 
 
 AXttl 
 
 Thus, "to pay oft two debentures held n^ 
 illau; for erecting the court-house in said district " 7 
 or the purpose of liquidating the sum of £1,500 due to \\\ 
 , and the sum of £500 duo by the District to Aloxaml'* 
 Drysdale, Esquire." //;. Besides, tlie by-law must recite theaimni I ' 
 of the whole ratable property of the municipality, according to tl" \ 
 last revised or revised and e(jualized assessment roll. See McVnv '? ' 
 V. Oakley, 17 U. C. Q. B. 345. "'"* 
 
 (»') It is to be regretted that the Legislature did not insert in tl 
 Act forms of by-laws for the issue of debentures ; the forms h "^ 
 given may be found useful in framing by-laws under this and tl ^ 
 next two succeeding secticms, ^ 
 
 A BY-LAW TO RAISE THE SUM OF $ FOR THE rURVOSR op 
 
 TO AUTHORIZE THE ISSUE OF DEBENTURES THERKKOR. 
 
 Whereas it is necessary to raise the sum of for the purrxisA 
 
 of (state in brief and (jtneral termx the ohjeetf(yr which the dehf. ('sM,» 
 created) ; and in order thereto it will be necessary to issue debentures' 
 of the municipality of the of tor the sum of dolki 
 
 payable as herein provided. Sec. 340 G (a). 
 
 And WHEREAS it will be requisite to raise annually diirinj; tin 
 term of twenty {or as the case may be) years by special rate for pavin 
 the said debt and interest the sum of dollars. 8ec. 340 6 i',| 
 
 [(Or if the debt is payable by annual instalments under sec. 3A2 
 stitute thefollowiny.) 
 
 And WHEREAS it '.vill be requisite to raise the several sums ii 
 each year respectively set forth in the Schedule to this By 
 Sec. 340 6 (/>) ; 342.] ' 
 
 And whereas the amount of the whole ratable property of tk 
 Municipality according to the last revised [or revised and equalize' 
 assessment roll) amounts to . Sec. 340 6 [c). 
 
 And whereas the existing debenture debt of this Municipal]' 
 amounts to dollars and no principal or interest is in arrei 
 
 (or as the case may be). Sec. 340 6 (d). 
 
 Therefore the Municipal Council of the Corporation of the 
 of enacts as follows : 
 
 1. It shall be lawful for the Mayor (or Reeve) of the sfiid 
 the purposes afore, laid to borrow the said sum of dollars and 
 issue debentures of the said municipality to the amount of dolLii 
 in sums of not less than one hundred dollars each, payable at i 
 end of twenty (or as the case may be) years from the date on whi^ 
 
 ml 
 
 I this Hy-Iaw takes < 
 
 |K;r cent, per i 
 
 and in 
 
 I jjj,| debentures. S 
 
 l-Iftke di'ht is p 
 
 I ^ijd/. after the. mot 
 
 IffljDner.'fiT the am* 
 
 tjie Sdictlulo to thi 
 
 i The siiid debon 
 
 I It shall bo lawf 
 Iplity, and be is he 
 jtlio saiil ilebcntiiros 
 ■the same and the ii 
 |(k Treasurer of the 
 |MiiiiiciiiaIity is here 
 |(if the said Municipal 
 
 4, There shall bo 
 
 lull the rat.tblo propei 
 
 ..illars for tho pjiyme 
 
 Ideheiittires und also t 
 
 Ijaiildebt. Sees. 340 
 
 Or if the debt is pa 
 mitr the foJIonnmj) 
 
 There shall be raises 
 1 the ratable propert 
 liischarge the several i 
 (liie (111 the said del 
 Kcordiug to the Schei 
 
 1 5, This By-law shal 
 i . .Sec. 340 1, 
 
 1 6, The vot3s of the 
 nkdi on this By-law 
 bjnn day the 
 
 the forenoon, and 
 he same day. Sec. 
 
 I [hmrt Jn re the Poll 
 yiofiro-s.) Sec. 293 
 
 . Oil the 
 
 Itfiid at the Council 
 t.ifti'iul at the vario 
 ) (if the votes by th- 
 
 literested in anil pron 
 
 \i. 296, 287. 
 
 (8, The Clerk of the C 
 
 I the in the 
 tlie day o 
 
3^0 6 («0-] BY-LAW8 CREATING DEBTS. 
 
 255 
 
 and! 
 
 ht is to I A 
 debentureij 
 dollawl 
 
 bfthe 
 
 lid 
 
 liars and 
 tf (lollJ 
 lyable at tli 
 le on whia 
 
 Pylaw tnkoB effect, and to bear interest at a rate not exceeding 
 ,^r cent, per annum payable half yearly on the days of 
 
 ,j„,l in each and every year during the currency of the 
 
 jj,l,ieltenturoa. Sees. 340 (2) ; 414. 
 
 <,lfthe <li'f>f' '■•"' 7'xi'llMc hy annual inMahneMfn under sex. 34^ anh- 
 \ hajy<''i' '^''- "'ords "one hundred dollars each") payable in the 
 
 ..,(,|.' for the amounts and at the times respectively set forth in 
 ; Jsclicdulo to this By-law. Sec. 342.] 
 
 The said debentures as to principal and interest shall be pay 
 
 |jbl«at ■ 
 
 5 It shall bo lawful for the Mayor (or Reeve) of the said Munici- 
 I ilitv, i""l ''" '^ hereby authorized and instructed to sign and issue 
 [Lsiiiil ilubciitures hereby authorized to be issued, and to cause 
 Itk same and the interest coupons attached thereto to be signed by 
 r i.1 ;.i \ti..^:..: — i:i... . ^^^^ ^j^g Clerk of tlic said 
 
 I,, /[Yeasurer of the said Municipality ; a 
 nimiioipality is hereby authorized and ii 
 
 |^i|ii,j,,ipality is hereby authorized and instructed to attach the seal 
 [■ jli^aaiil Municipality to the said debentures ; Sec. 405. 
 
 4 There shall ^^ raised and levied annually by a special rate on 
 III j],g ratable property in the said Municipality the sum of 
 
 ILirs for the payment of interest during the currency of the said 
 Ideht'iitures iiiul also the sum of dollars for the payment of the 
 
 JBiiacbt. Sees. 340, (3, 5). 
 
 \\Onfthe debt is payable by anmial itistalmenta under sec. 343 «m6- 
 
 £i,ik the following) ■ ,. 
 
 Tliere shall be raised and levied in each year by special rate on 
 yi the ratable property in the said Municipality a sum sufficient to 
 Hi«clwrtfe t'^^ several instalments of principal and interest accruing 
 Le o:i the said debt as the same become respectively payable 
 wonling to the Schedule to this By-law. Sec. 340 3, 5 ; 342 (2).] 
 
 5 This By-law shall take effect on the day of A. D. 
 Sec. 340 1. 
 
 f), The votos of the ratepayers of the said Municipality shall be 
 
 lakt'ii (III this liy-law at the following times and places, that is to 
 
 Ev on day the day of next at the hour of 9 o'clock 
 
 the forenoon, and continuing until 5 o'clock in the afternoon 
 
 If the same day. Sec. 293 1. See also sec. 116. 
 
 I ilimrt Jure the Polling places and the names of the Deputy Return- 
 ii,,ofcra.) Sec. 293 1. 
 
 On the day of the Mayor {or Reeve) shall 
 
 tteml lit the Council Chamber at o'clock to appoint persona 
 
 latteiul at the various polling places and at the final summing 
 
 I oi the votes by the Clerk respectively, on behalf of the persona 
 
 Kterested in and promoting or opposing the passing of this By-law. 
 
 , 296, 287. 
 
 Is, The Clerk of the Council of the said Municipality shall attend 
 ]tlie in the of at o'clock in the noon of 
 
 the day of 18 and sum up the number of 
 
B.' i:( 
 
 rj 
 
 iliiii 
 I 
 
 It! 
 
 ^'M 
 
 
 
 1 
 
 
 m 
 
 
 n 
 
 
 m 
 
 ifini 
 
 
 km 
 
 HP" 
 
 
 E^jdKj 
 
 
 m 
 
 1 
 
 25G 
 
 By-law for a 
 work puy- 
 utile by local 
 
 IU8«iKDieUt . 
 
 muRt rucite : 
 Amount and 
 object of 
 a«bt. 
 
 Amount to 
 Iw rained 
 annually. 
 
 Vulu(> of real 
 
 propirty 
 
 ratalile; 
 
 That debt 
 created on 
 security of 
 upecivl riite. 
 
 ill- 
 
 THE MUNICIPAL MANUAL, U 3,. 
 
 341. — (1) If the by-law is for a work payable by loeai 
 sessinent, it shall recite : (w) 
 
 (a) The amount of the debt which tlie by-law in intoni 
 
 to create, (a) and, in some brief and geinjinl tci' * 
 the object for which it is to bo created ; 
 
 (b) The total amount rociuired by this Act to bo i.' 
 
 annually by special rate for jiaying tjiu ^\i,\^[ ^^^, 
 interest under the by-law. 
 
 (c) The value of the whole real property ratable uinl. I 
 the by-law, as ascertained and finally dtiteriniiifii J 
 aforesaid ; 
 
 (d) That the debt is created on the security of the spf. .i^ 
 rate settled by the by-law, and on thatseni!*"! 
 only, (b) 46 V. c. 18, s. 343. "" 
 
 A.D. 18 
 
 [L. S.] 
 
 votes given for an-^l against the By-law. Sec, 296. 
 JJuteil at the o7 this day of 
 
 A. B., Mayor. 
 C. />., Clerk. 
 Wht^re the Bylaw provides for the pai/ment of the ilehentur U 
 inM(tliiieHtH hixfrt a Schnhde shewing the amount payuhlt in va,h 1 
 See ol V^ c. 41 Sehedule. 'H 
 
 (w) See note / to section 340. 
 (a) See note u to sec. 340. 
 
 (/>) T'lo following form may be useful in framing a 1)y-la\v imdei 
 this section. 
 
 A BY-LAW TO RAISE THE bUM OF 8 *"0R THE I'URI'(»Si: OF 
 
 AND TO AlTTIKtUIZE THE ISSUE OF DKBENTUKKS TUKREKII,. 
 
 Whereas it is necessary to borrow tlio sum of dollaisfJ 
 
 the pnr[)<)se of [xtnte in hrief and general terms the, ohjcrl for iM 
 the ill Id is to be created) and in order thereto it will be ntcKsarvt 
 issue (lel)enfcures of the Municipality of the of forthesuil 
 
 of dollars payable as herein provided. Sec. 341 (1) («) 
 
 [(If the Municipality has obtained temporary advunres mxlfr ui 
 O^il (1) insu-f): 
 
 And whehkas temporary advanoes or loans for meeting the coj 
 of the said work (or improvement) have been made, ami a snecid 
 assessment is necessary for the repayment thereof. Sec. G'21 (!).) 
 
 And whereas a by-law of the said was duly passed on tbl 
 
 day of 18 authorizing tlie said works, and providini 
 
 that the expense of Hiich proposed work (or improvement) slioiiU 
 assessed and levied upon (deKcrihe the real property KpcciaUii In mM 
 by the work or imj>rorement) and that the cost of the same slimiidl) 
 temporarily provided for as aforesaid, and that a special assessnieii 
 for the cost thereof should be made upon the said real property aftJ 
 the said work (or improvement) should be completed ; 
 
 ,,311(2)] BY-l 
 
 /2) In tho mil 
 
 i>|)WllKRKA.SUn 
 
 Lik'en made as i 
 
 jMiHIIKBKAS it 
 
 Ifor tliq't '■'"«' "f '"" 
 Iremyi'i tl'C del»ent 
 jjelit m\ interest 
 
 [(/)/• (/ the debt is j 
 lilinik) : 
 
 ^M) whkkeas it 
 j-'h I'c.'tr resptctivel 
 l&C!. 341(1)/-'! 342.; 
 
 And wkekkas the 
 lyliiw is of tl 
 
 ^'viseii (or revised an 
 
 Anii whebkas th« 
 lecnrity of tho speci 
 JKurity only (or if tl 
 fc/fl/i'// nt large siiliKfii 
 ir tliiii Hy-Iaw and ft 
 Le, Sees. 341 (1) </ 
 
 J Therefore the Muni 
 If enacts as folk 
 
 1 1, It sliall he lawful 
 le purposes aforesaid 
 [ereiiiiifter mentioned, 
 nMuiiifipalit)/ at lari 
 lereinafter mentioned 
 liargcj the said sum 
 lid Municipality to t 
 Isuone hundred dol 
 \f me may he) year a it 
 |d to l)eiir interest n 
 «ium, payable half y 
 th anil every year ( 
 cs.341(2), 414, ()21 ( 
 tifthfdebt in payabi 
 htf (ifkr the nwils ' ' ( 
 v, for the amoinits an 
 pdule to this By-lav 
 
 I riio said debentui 
 
 eat . 
 
 . It shall be lawful f( 
 
 ■lity, and he is here 
 
 fi the said dehontur 
 
 ethe same and the i 
 
 Treasurer of the 
 
 33 
 
 B 
 
 II 
 
I ';: < 
 
 I4l(-)] BY-LAWS FOU hOCKL IMPROVEMENTS. 
 
 11,) In the matter of by-lavs passed, or to be passed for JI^^Mti 
 I k piiyrt^''' '*y ^^^^^ assessment, in order to facilitate the loaii im- 
 
 nWiiKKKAH undor the naitl hy-law the saitlwurk (or iniproveniunt) 
 
 1 jLeii niivdo iw aforoBiiid ; 
 
 1 nWiiKKKAM it Will bo rufiuisito to raise annually in oacli year 
 
 , '^. , ptiiod of firentif (or an the case, may lif) yoars iluring the cur- 
 
 " .' J the tlobentures to be isoucil hcreundor for payin^j the said 
 
 267 
 
 
 for 
 
 111(1 interest the sum of 
 
 dolhu-B. Sees. 341 (I) b 
 
 uD-it ^he dtht in payable by aiinunl instalments unihr see. 34'2 nub- 
 
 tC2' 
 
 . wiiPBKAS it will be re({ui8ito to raise the several sums in 
 !h v'lir renptetively as set forth in the Schedule to this by-law. 
 
 i;,J4Ml)^;342.] 
 
 wiiKKKAH the whole of the real property ratable under this 
 
 is of the value of 
 
 lollarH according to the last 
 
 1 (or revised and equalized) assessment roll. See. 341 (1) c. 
 WHKKKA3 the debt created hereunder is created on the 
 
 AM' 
 By-l.i\v 
 
 Kp ,. 
 
 I iiritv <'f ^-ho special rate settled by this Bylaw, and on that 
 C,,,,ritv only ('"' i/ "•'' (lebc'ifurtH are to be (iiKiraulccd, by the Mnnl- 
 
 aliiiict larfie. substitute) on the security of the special rate settled 
 I'tliia Bv-liiw and further guaranteed by the said Municipality at 
 fje. Sees. 341 (!)(/; 341 ('2). 
 
 I Therefore the Municipal Council .of the Corporation of the 
 enacts as follows : 
 
 It shall bb lawful for the Mayor (or Reeve) of the said for 
 
 llepnrposes aforesaid to borrow on the security of the special rate 
 Leiiiiifti'i' mentioned, and on that security only [(o/' if ijitarauteedby 
 iiliwifipalitil at larije. aubslittUe) on the security of the special rate 
 Uiiiafter mentioned and further guaranteed by the Municipality 
 j large) the said sum of dollars and to issue debentures of the 
 
 kid Municipality to the amount of dollars in sums of not less 
 
 [an one hundred dollars each, payable at the end of twenty (or a« 
 ((wmay he) years from the date on which this Uy law takes effect 
 
 to !)ear interest at a rate not exceeding per cent, per 
 
 inum, payable half yearly on the days of and in 
 
 I and every year during the currency of the said debentures. 
 3.341(2), 414,621(2). 
 
 ilflhedeht k payable by annual inxta/nwnta wuhr i^ec, 8^2, sub- 
 \it< after the wordn "one hundred dullarn each" payablf intheman- 
 Y for the amounts and at the times respectively set forth in the 
 jiedule to this By-law. Sec. 342. ) 
 The said debentures as to principal and interest shall be pay- 
 eat . 
 
 It shall be lawful for the Mayor (or Reeve) of the said Muni- 
 
 Llity, and he is hereby authorized and instructed to sign and 
 
 |e the said debontures hereby authorized to be issued, and to 
 
 ; the same and the interest coupons attached thereto to be signed 
 
 [the Treasurer of the said Municipality ; and the Clerk of the 
 
 33 
 
 1 5 A \ 
 
 ■ k' 
 
 I. w 
 
 
 •! ■ ■ ■ 
 
 < ■ I : . ( 
 
 
 '0 
 
 % 
 
 ■ t'f \<' 
 
 H 
 
 1 
 
 ■'} • 
 
 1 1^ 
 
 
 > ■ 
 
 
 i 
 
 i 
 
 i 
 
 ' -i' 
 
 '^■f^ 
 
 I 1 
 
 !' I 
 
 :>\- 
 
 ii% 
 
 '4 
 
I \\ 
 
 
 k 
 
 208 
 
 THE MdVUMPAL MANUAL. 
 
 ["• 341 CY^jn' (-')■] 
 
 •"('(. 
 
 •MimiTuw '^''K*^*^''^*''''" "f <lol)«nitnroH issuiul thorouiider, and add to tl 
 
 ooiniiu'icial value, t\w council of any townHliip, rity, towi 1 
 in('()i|i(>iut<i(l villai,'(^, may declare that tlio (Itd)t to l)o cie t ii 
 on t!m Hccurity of tlio special mtn nettled hy tlui liylam' I 
 furtlHM- j,'uaranteed hy the municipality at large, iinvtr I 
 contained in Huh-wection (d) of this Hectif)n to the coiif.. '^ 
 notwitliHtanding. ID V, c. 37, s. 31); HO V c 'i.,'"-^' 
 48. ■ '^ 
 
 aaid Miinic'ip.'dity in hcnhy iiuthnrizoil and instnu'tod to attacli ti I 
 Heal of till' Miiid .Niiiiiiciparty to tlio Haid dehnnturoM. Sto. 40'; *^ 
 
 4. 'rhiTD BJiall 1)0 raJHod and loviod annually hy 8|K'fiiil rate on iii 
 tlio pi(;prity rataldo iindor thin IJydaw (or p»!r fodt tVdiitn.r,. „, fi , 
 (•(1.11' luiiji III) tlio Hinn of dnlliirs for tlio payment df Jnt" J 
 during tiiu currency of the said debentures, iind aJHo tlit- sum 1 
 
 dollarH for tiic payment of the Haid iloi)t. Sec. ;{40 ;{ r> 
 
 (Or if thi ill fit /■* pnijnhlc hy annual iiiHfaliniiitfs iimler si'c. .f - 
 stl/nfr fhi folloirinif : '' 
 
 TiiiMi' HJiall he raised and levied in each year by a special rate on i|( 
 the proiKMty ratable und«r tiiiH Itydaw (or per foot tronta^twH /i^ 
 raxi' iiiitji III) a sum sutlicient to diHcliargo tlie several iiistaliiitnta 
 principal and interest accruing »luo on the said debt as the sam 
 becouie respectively payable according to the Schedule to this liv la 
 
 Sees. ;iu) 4, r>;:u-2 (2). •'■'' 
 
 This liy law sliall take effect on the day of A. \), n 
 
 (If ih sired till' (n.'o folloirinif rlaiisiH may ho aililnl.) 
 
 5. The owner f>f any such real pioiierty may, during tlio ciirren 
 of the said debentures, commute for t 'le payment of his proportiiMia 
 sliare of the said work by paying such sum as may be iiirtNsarv 
 realize at the end of the cin'rency of the said debentures a sm 
 e(iuiv;dent to the annual special rate then uncollected. Sec. 1)126, 
 
 (5. The amount of debentures authorized to bo issued muler till 
 By law is subject to consolidation by inchu-'v tiie same inf 
 <!ollei;tivo or cumulative Hydaw to bo hereafter passed, cnnsoliilJ 
 ing the same with other amounts authorized or to l)e authorizwl U 
 other Local Improvement Hydaws, and under which consdliil.itij 
 By law the recpiired debentures to ])rovide for the amounts to I 
 raised under this and said other individual Bydaws shall be issuj 
 in a consecutive issue, as shall in said consolidating Byda,v be mol 
 particularly enacted in that behalf. Sec. 400. 
 
 Dated at the of this day of A. I). 18 . 
 
 A. B., Mayor. [i, s.] 
 
 C. D., Clerk. 
 
 Ml.ltl 
 
 Whr.rethe. By-law provider for the payment of the di.hentum\ 
 imtahiK'ntx insert a Schedule Hhewing the amount payahle in tach i/« 
 See 51 V. c. 41 Schedule. 
 
 As to bydawa for special rotes by county couiicila for in 
 improvements in townships. See sees. 631-633. 
 
 (() See note k to sec. 
 
 m\ See notes p and q tc 
 
HY-LAWH CHKATINCJ UKIITS. 
 
 259 
 
 Lm2(2).] 
 1i2— (0 ^" ""y ^*"'*' *'* piiHHing a by-lnw for cintractiiiK n *'""','[''"' 
 
 ,,vl)t)nowinK inoiH'y for miy purpohr, (r) tlm inntii('i|ml nuikR prinoi 
 jl'iiiiiy ill it« «liHcr«'ti(»n iniiko i\w ptinciiml of tlio drhl JJ"|'/|','''','f,' 
 III,, hv iinminl liistHliiicutH (luring tin* curroiicy of tliiMimmni 
 (iiot cxi't'odiii)^ thirty yt'iu'H, if tlio »i«(l)t \h tor ^iih or 
 
 iinl 
 
 lllHtalllK'DtN. 
 
 Lflit, 
 
 It*'!'")' 
 
 I* .^^(iiks, and no rxcrtMling twenty yeiUH if tlio dcht is 
 
 *' iiy„tli,'r itiirpo.c) witliin which the delit is to Im( dis- 
 
 ',' ,,,',1; siK'li iiiHtalinentH to ho of such ainouiHR tluit the 
 
 ",ii\te iiiuoniit payiihlo for prineiiial ami iiit'.'r(!.st in any 
 
 f;r^|iiill !»<' <'<|"'il. "^ nearly as nniy he, to what is payahle 
 
 clliiil '""' i'ltorest durinj; eav^h of the other years of 
 
 r'l' ,,,.,,,,1 ; and may issue the dehentiires of the municipal 
 
 " ^,i,,„ioii t'i»r the aniountH, and jmyalile at t!io times, cor- 
 
 lioiiiliii" with such instalments, together with interest, 
 
 ,,,illv or Kcuu-annualiy, as may be set forth avid provided 
 
 t|„.liy-liiw. (</) 
 
 ,o\ Tlip bv-law shall set forth a certain speciilc sum, tobe ^^'','**''y'»7 
 1 ■ 1 ,n ,,jn.h yoar during the currency ot the deot, which an- 
 I .slim sliall be sutlicienttodischargetheocveral instalments 
 li'iiiiiicipiil :ind interest accruing due on such <lebt, as the said 
 LiiliiioiitH and interest become respectively payable, accord- 
 
 r to the terms of the by-law ; (e) and in cases wkliin this 
 
 L) Se6 note k to sec. 340. 
 
 Hid The ordinary mode in to provide for the raising of a certain 
 Loiiiit for tlie iinmml interest an<l a certain aiiiotuit tor tlie aiunial 
 InkinL' fuiiil, HO UH, within tiie period speeitied in the hy-hiw, to (Uh- 
 
 largt' 
 
 the debt and interest. Sbo suh-ss. .S & 4 of aeo. H40, nnd notes 
 Kfcto, liut the council in its discretion may now, under this 
 ion, ni.ike the principal repayable Itv annual instalments. When 
 J nioile is iidopted, it obviates the necessity for the accumulation 
 i(iiiivc8tiiiciit of the sinking fund. But still there is tlio limitation 
 .ttlio instalments shall bo "of such amounts that tlie agj^rcgato 
 loimt i)!ij'al)le for principal and interest in any year shall he vqual, 
 nearly as may he, to what is payable for princi()al and interest 
 n;!eacli of the other years of such period.' Had the limitation 
 ntliat the instalments should be ecpial in each year, it would have 
 in more easily understood ; but it applies as well to the interest as 
 principal, and it is declared that the aggregate amount for princi- 
 and interest in any year shall l)e equal, as nearly as may be, to 
 i i» payable for principal and interest during each of the otlicr 
 irs, With each payment of an instalment for principal, the inter- 
 would, under ordinary circumstances, bo reduced, and so fluctu- 
 froin year to year. VVhether this would be a compliance with the 
 ivision that the aggregate in each year for principal and interest 
 
 bee(iiial, " as nearly as may bo," remains to bo decided. 
 
 I See notes p and 7 to s. 340. 
 
 . Hi'' 
 
mm 
 
 260 
 
 Special rates 
 a 'Charge on 
 property. 
 
 niad 
 
 Rev. Stat. 
 1U3. 
 
 THE MUNICIPAL MANUAL. [g, 3^0 (J 
 
 section it shall not be necessary that any provision be 
 for a sinking fund, (f) 46 V. c. 18, s. 344. 
 
 343. Every special assessment made, and every special 
 imi)osed and levied, under any of the provisions of this 
 and all sewer rents and charges for work or services doi 
 the corporation, on default of the owners of real estate u A 
 the provisions of any valid by-law of the council of the 
 corporation, shall form a lien and charge upon the real est 
 upon, or in respect of which, the same shall have beenasse 
 and rated or charged, and shall be collected in the same n 
 iier, and with the like remedies, as ordinary taxes upon 
 estate are collectable, under the provisions of The Assew 
 Act. 46 V. c. 18, s. 345. 
 
 By-laws for 
 ralsiiv 
 
 must (with 
 certain ex- 
 ceptions) re- 
 ceive aesient 
 of electors. 
 
 344.— (1) Every by-law (except for drainage, as provij 
 money not iov under section 569 of tliis Act, or for a work payable ent 
 expenses"^ ^7 ^Y |oca} assessment), (g) for raising, upon thecreditof' 
 m uuicipality, any money not required for its ordinary exiwi 
 ture, and not payable within the same municipal year 
 before the final passing thereof, receive the assent of the 
 tors of the municipality in the manner provided for in seci 
 293 and following sections of this Act ; (/t) except thai 
 
 {/) For reasons already explained in note d to thia section 
 {(f) See sec. 341. 
 
 (A) "I incline to think that any appropriation of moueysl 
 other than ordinary purposes, whether payable within the veJ 
 not, requires the express sanction of thu ratepayers. I am la 
 this conclusion from the exception in regard to county couiiel 
 Per Spragge, ^^ (J., in Edinburgh Life Asa. Co, v. St. CatkA 
 10 G rant 388. The town of St. Catharines was authorized to i 
 debentures to the amount of £45,248, for the liquidation of wt 
 special rate was directed to be levied, the proceeds of which 
 directed to be invested and form a sinking fund for this pun 
 By the Act the town was prohibited from passing any by-lal 
 create any new debt extending beyond the year in which the bj 
 was passed, except for the construction of water works, untu 
 debt was reduced to £25,000. The special rate authorized I 
 imposed had Ijeen duly levied and collected, but instead of inva 
 the same to form a sinking fund for the payment of the debeni 
 it was alleged it had been applied to the general purposes 
 town. The defendants denied the misapplication of the fundi 
 did not shew how it had been applied. With a view of induciJ 
 county council to remove the county town of Lincoln from Ni 
 to St. Catliarines, the town council of St, Catharines, withoul 
 by-law authorizing the same, contracted with certain build/ 
 erect a gaol and court house for the use of the county, at an 1 
 of £3,000, to be completed in two y^ars. Upon an application j 
 
 ttv i)ei'e(:ofoi'(! or he 
 
• urn] BY-LAWS CREATING DEBTS. ' ' 261 
 
 (ies the county council may raise, by by-law oi- by-laws ^^^^Jg^y^"" 
 Uout submitting the same for the assent of the electors, for uontmct- 
 I icli county or counties, for contracting debts or loans, jiebts'nnt 
 L sum or sums not exceeding in any one year $20,000 over «xceptiinK in 
 
 hbove the sums required for its ordinary expenditure, (i) §20,000. 
 
 luj provided always, that where a county and city are fj^erccUng*' 
 K I for judicial purposes the council of the county or city court houses 
 Fly by-law or by-laws passed at any meeting of such"" ** '*''■ 
 Wil without submitting the same for the assent of the 
 Ktorsof such county or city, as the case may be, for con- . 
 
 utiflff such debt, raise such sums of money as may be 
 iiiired for erecting, building and furnishing a court house 
 I offices, to be used in connection therewith, and for 
 iiiiinc such land as may be necessary or convenient for 
 imposes of such court house and offices. 4G V. c. 18, 
 
 L ^nd provided always that the council of a town tifpa'ym°enr 
 letofoie or hereafter withdrawn from the county, and con- by a "ty or 
 iiiiiff so withdrawn pursuant to the provisions hereof, orofghar" of 
 |vlieretofor(> or hereafter erected, may, by by-law or by-*=''"'**y '*''''*• 
 [jnasfeed at any meeting of such cou.xcil, without sulimit- 
 (tliesanio for the assent of the electors of such town or 
 las the case may be, raise such sum or sums of money as 
 
 lie required to liquidate their sliare of tlie county debt 
 iraideil or agreed uj)OU pursuant to this Act, and to issue 
 leiituiesfor that purpose at snch rates, for such tiuK.'s and 
 
 1 such terms as they may theretofore have done, or be 
 
 le instance of the holders of the debentures issued uiulei" the 
 Imentioncd Act, the Court restrained the town from suffering or 
 ittiiij,' the buihlings to be proceeded with. Ou appeal the 
 jttion was dissolved, it appearing that the contract had been 
 tiled, ami that no lial)ility had been incurred by the corporation 
 fcdiiig beyond the current year. Il>. Jf it had been shewn that 
 ict (if the corporation would have had the effect of incurring a 
 jity jiiiyable in a future year, the injunction woidd have been 
 Li to the hearing. lb. See Jn re Carpaiter ami the Tvwiis/iip 
 |r(o«, 15 0. R. 55. 
 
 It will be observed that the exception only extends to the 
 ^of any sum or sums, not exceeding in any one year Sl'0,0()0 
 land above the sums required for ordinary expenditure." The 
 ■1 rule would appear to be that a by-law, to raise money not 
 y for ordinary expenditure, nnist be submitted to the electors. 
 Ceding note. To that rule an exception is created in favour 
 joiinty municipality under the eircunistanoes here stated, and 
 It to the restrictions contained in the next section. 
 
 r 
 
262 
 
 <,Vrt8in by- 
 laws of 
 i'ouuty coun- 
 cil not to be 
 vali'l unless 
 ))a!<Ned Ht 
 iDei'tinjf 
 specially 
 callud and 
 held three 
 months after 
 notice, e;c. 
 
 THE MUNICIPAL MANUAL. 
 
 Korra of 
 notice. 
 
 W lu'n part 
 
 only of 
 
 money 
 
 raised, hv- 
 
 law may be 
 ' repealed as 
 'to residue. 
 
 entitled to do for meeting any other liability of said to 
 city as the case may be. 49 V. c. 37, s. 7. " 
 
 345. No such by-law of a county council for contra J 
 any such debt or loan for an amount not exceeding in 
 one year $20,000 over and above the sums required f i 
 ordinary expenditure, (k) other than a by-law to raise J 
 for erecting, building and furnishing a ourt house and ofl 
 aforesaid, or for acquiring land as provided in sub-sect" 
 of the last preceding section, shall be valid, (I) unless 1 
 same is passed at a meeting of the council specially called f 
 the purpose of considering the same, (n) and held not 
 than three months after a copy of the by- law, as the « 
 is ultimately passed, (o) together with a notice of the 
 appointed for the meeting, has been published in a. 
 newspaper issued weekly or oftener within the county! 
 couiitituted for judicial purposes), or if there is no sudi n 
 newspajter, then in a public newspaper f>ublished nearest tfl 
 county,(/>) \i^hich said notice may be to the effect followino 
 
 Tile above ia a true copy of a proposed by-law to l)e takena 
 consideration by the municipahty of the county (or united couu 
 of , at , in the said county {or united counfl 
 
 cu. the day of , 18 , at the hour of 
 
 o'civ ck in the noon, at which time and phice the 
 
 liers of the council are hereby required to_ attend for the 
 iiforesaid. 
 
 pu 
 
 G. H.. 
 
 46 V. c. 18, s. 347. 
 
 346. Where part only of a sum of money provided fJ 
 a by-law has been raised, the council may repeal the bl 
 as to any part of the residue and as to a proportionate 
 of tlie sptcial rate impo.sed therefor, (j ) provided the rt 
 
 (/•) See note h to sec. 344. 
 
 (/) In other words, shall be illegal. As to setting aside a I 
 for illegality, see sec. 332 and notes thereto. 
 
 (}i) See note e to s. 236. 
 
 {(>) If, between publication and passing, a material altera) 
 made in the bylaw, the by-law will be invalid. lure Bm 
 Pittsbunjh, 13 U. C. Q. B. 347. , 
 
 (p) See note y to 8. 293. 
 
 (q) See note r to s. 330. 
 
 (r) It is an erroneous impression, that when once a inn 
 coui'cil has determined to contract a loan, in order to aid, fore 
 
 J bylaw recites th( 
 
 Uiiited to take effi 
 
 ^r of its passing, . 
 
 lfie.s incurred bef 
 
 jt approved by th 
 
 h. I?, s. 348. 
 
 J 347, After a debt 
 It, until the debt anc 
 Iruiiiier which the (i 
 L'lijf the debt or the i 
 Ira rate or additional 
 Ibs income of any wo 
 1 money from any otli 
 lerabv-law providin 
 BOiiJit to be levied un 
 fejuiiiithorized, (t) ai: 
 -jcaiiv money of tJu^ 
 Liiously otherwise ajip 
 Js been directed to be ; 
 Is, s. 319. 
 
 nirancing a public work 
 liat object is entirely o 
 tiof it as are necess.iry 
 
 lifniniier its provisions 
 
 IB. 310. 
 
 ' The Court will by mar 
 jride a sinking fund for 
 
 k'fimdisprovidet; for 
 
 IS, 61 (i. 
 
 J .1 miinicipal council ha 
 Jk-liiHsof the niunicipj 
 Itfsaii exception Ut tlie < 
 kiry for the security of 
 icil shall either repoal a 
 M or, secondly, al^op 
 fcish the amount to be lev 
 |w. may, u,„lor ^.^..^..^j, 
 Nt to sec. 34(5. .So tiie 
 wiioeil, pursuant to sees 
 Ne under one of these ei 
 md Oakland, 24 U. C 
 
 l This requires the sinkin 
 [le council from with 
 hljit have been appn.p 
 <«,JtfU. t. Q. B. 400. ^ 
 
M 
 
 'iY-LAWS CREATING DEBTS. 
 
 263 
 
 ideclfd 
 I the b| 
 lioiiatflj 
 
 liile a 1 
 
 alteral 
 
 \Br>ioi 
 
 |a null 
 for« 
 
 ulaw recites the facts on which it is founded, and is 
 ' jiitecl to take eft'ect on the 31st day of December in the 
 
 rof it'^ passing, and does not atfect any rates due, or Proviso. 
 
 ilties incurred before that day, and provided the by-law 
 J (unproved by the Lieutenant-Governor in Council. 4o 
 
 c 18. s. 348. 
 
 1 347, After a debt has been contracted, the council shall pald'certaL 
 mitil tbe debt and interest have been paid, repeal the by- by-iaws 
 tiiii'lei' wliich the debt was conti'acted, or any by-law for'epeaiij," 
 (ill,/ the tlebt or the interest thereon, or for providing there- 
 rjjte or additional rate, or appropriating tliereto'the sur- 
 l [„eonie of any work or of any stock or interest therein, 
 ,ii50iiey from any other source ; and the council shall not xoraiteiod. 
 J ,ibv-law providing any such rtte, so as to diminish the 
 loitnt to be levied undei- the by-law, (s) except in the cases Exceptionp. 
 *iii authorized, (t) and shall not ap[)ly to any other pur- 
 .iiiiV money of the corporation which, not having been 
 leviously otherwise ai>proi)riated by any by-law or resolution, 
 sbeeii directed to be applied to such payment, (u) 46 V. 
 lis, s. 3a 
 
 iiilrancinf a public work, the whole matter of the by-law passeil i 
 Ithat object is entirely out of their control, and not merely such 
 Its of it ii3 are necess.iry for securing those who have advancec' 
 Lumler its provisions. In re llill and IFaUiinjhcuii, 9 U. C. 
 
 |B!310. 
 
 ■ The Court will by mandamus compel the levying of a rate to 
 niJe ,1 sinking fund for the payment of debentures where such ^ 
 \m fimd is provided for in the by-law. Clarke v. Palmerdun, (! 
 
 .610. 
 
 I) A municipal council has in general) power to repeal and alter 
 [kliuvaof tlie municipality. Note /> to sec. 5.S. This section 
 Ite an exception to the general rule. The provisions of it are 
 mrv for the security of creditors. It is enacted, first, that no 
 Ceil shall either repeal a by-law under M'hich n debt was con- 
 U, or, secondly, aU^r a by-law providing the rate so as to 
 Lish the amount to be levied under the by law, &c. The by-law, 
 Iver, may, under certain circumstances, be in part repealed, 
 pant to sec. 340. So the rate may, under certain circumstances, 
 Jaceil, pursuant to sees. 367, 308. If th.e repealing l)y-law do 
 sine under one of these enactments iL must be quashed. In re 
 hd Oakland, 24 U. 0. C. P. 295. 
 
 |1 This requires the sinking fund to be left untouched, and pro- 
 ithe eouucil from withdrawing, or otherwise applying any 
 I that liave been appropriated thereto. See In re Barber v. 
 
 ►5,39U. C. Q. B. 400. . 
 
1)1'' 
 
 264 
 
 THE MUNICIPAL MANUAL. 
 
 K Hi^m&.] BEGfSrHA 
 
 No officer to 343 j^-q officer of the muntcipality sliall neglect nr ,.„* 
 
 neglect, etc., • , re j. i i £ '' ii, "^ 'MUSN 
 
 to carry out to Carry into etiect a by-law tor paying a debt under col 
 Swnt ' of ^ ^y-^^ *' illegally attempting to repeal such first mentioJJ 
 
 under colour by-law, Or to " 
 
 laws*^" ^ b© levied under it. (v) 
 
 Municipal 349- Any couucil may contract a debt to Her Majesty 'J 
 
 alter the same so as to diminish the ftinoimf t^^K U-il 
 lerit. (v) 46 V. c. 18, s. 350. ^^Klul 
 
 on 
 
 pubiicworks. buildings or other public works in Ontario, whether I.0I 
 
 etc fVIlU COM* • 1 B-v • • *»VyI. UCl 
 
 tract debts mg to this Province or to the Dominion of Canada, or of n 
 to Crown, claim in respect of such works, (a) or of any ri^ht to i 
 
 (v) The object of this section is, to compel municipal corpniati 
 and their oUicers to keep faith with creditors. When the !■ ttl 
 advance money upon the security of a by-law for its repavineiitl 
 whole or in part, within a specified period at a specified rate 
 attempt to repe.il or alter the by-law, so as to diminish theaniod 
 to be levied luider it, woidd be a fraud, whether so designed or 
 But see sec. 34(5 <'t ••«'.</. Besides it is the duty of the^treiisiuefl 
 every municipality to see that the money collected under such liy.) 
 is properly applied to the payment of interest and printipal of dlh 
 tures issued under the by-law. Sec. 405. 
 
 (a.) The statute 12 Vict. cap. 5, sec. 12, authorized the Oovei 
 in Council to contract with any municipal council or otiier local 
 poration, for the transfer to them of any of the pul)lic roads 
 l)ours, bridges, &c., which it might be more convenient to 
 under the management of such local authorities. By statute 11 
 IT) Viet. cap. 124. an\' municipal corporation in Upper Canada u 
 eontnu.'t a debt to Her ^bljesty in the purchase of any roads 
 and the nuuiici|).dity might enter into, make c execute all or 
 bond.':, deeds, covenants or other securities to Her Majesty w 
 the Tuunicipality might deem tit, for the paynuiut of the amoii 
 pureliase money of any such work, and for securing the perforii 
 of any conditions of sale. By statute If? Vict. cap. 181, s. 3*1 it 
 enacted that none of the provisions of the 4th or 10th sections 
 ^Municipal Corporations Amendment Act of 1851 shouhl affect or 
 to any by-law passed or to be passed Ijy any municipality in 
 Canada for any of the purposes mentioned in 14 & b") Vict. cm. 
 or to any debts, bonds, deeds, covenants or other securities" 
 tracted, made, or executed to Her .Majesty, under the jirovisie 
 that Act, or for any of the purposes therein mentioned, jiysl 
 18 Vict. cap. 133, it was enacted, in etle t, that no bylaw 
 passed for raising money upon tiie credit of any city, town j 
 ship or village corporation, should have force or effect unt 
 approval of the munici|«al electors sh uld liavo l)een ol)tained 
 these provisions wevc repealed Ijy the Municipal Institutions 
 1858 ; and sec. 220 of Lon. Stat. U. C. cap. ot (of whicli sec. 
 29 & 30 Vict. cap. 51 was a re-enactment) was in efTect sulisl 
 for them. The fair result would seem to be that none of thes< 
 340 to 342 of tins Act, relating to ))y-laws creating debts, eit 
 by-laws made for the purch.ise of ]uiblic works, except in tiiis 
 and to the extent pomted out in the second paragraph of this 
 
 tolls on .such 
 
 ov bridge wj 
 
 mte such bond, 
 
 Iff .Vajesfy, as th 
 
 tkimce of sue] 
 
 iierred, or whic 
 
 kmhl or tran.sf( 
 
 mring the perl 
 
 comlitionH of Sh 
 
 ■m l)j-Iaws for 
 
 Ki hy-kws. debts, 
 
 mfe tihiiU be vaJ 
 
 (f las been -sett/erj 
 
 pi-ified by sectio 
 
 u;!i)l; ii)V.c,37 
 
 T/ie council n 
 
 omifioji of such 
 
 kdeeds, covenants 
 
 twenty, or in any' 
 
 k.s.ttleandim,,o. 
 
 ht ;is the coiiiicij r,] 
 
 Itlm'iMtes whafcsoeve 
 r '''^'^We propert 
 rnt (iiul (/i.schar.re o 
 fksPcuritie.s, o?so, 
 .litlioiigh the rat, 
 |wie(|iured by the « 
 kf'nll, so fav as a, 
 I .^l^"-. ami the moni 
 illnii every re.speet 
 hf y '^y-iaw enacti 
 ■>'bt as provided in 
 '^rto he raised the, 
 Every hy-Uy, . \ 
 
 ^?"nv-deht,bytheissi 
 f"'\vear, and for Jew 
 
 M'i.''l be registered 
 
 \f\hy.law, H^ould a 
 J'g'l'ot containing^, 
 
 to hy 
 
 c, p. 
 
 ^^'•''t'-payer^ 
 
 \n 
 
BY-I-AWS CREATING DEBTS. 
 
 t tolls on such road or k • i "^'^ 
 
 JO,- l,ridge wholly or 3'Cet"'! ',?*"'" »"'">•"'«-'• - 
 Utesuch bends, deeds L.r^^ \ "^^ ^^Ih, and n,«,r 'p.^'"»'<"' 
 
 [(epnceof suci, puhJie work or ela^n^ J" *^^f I^^^»^e»t 
 Wed, or which may be soM ^ . ^^^^^^^ f'old or 
 L..ol,l or transferred to tjfpn °''. ''*"«^«'-'-ed/or ac^-eed 
 Lcring the performance iz'dnh'"''''^^ ^^rpo'-ation? a^d 
 i; conditions of snle or tra' 1 '''''?""^ ^^ ^" or a^y "f 
 ^.r. I.j-laws for any of t, e^'^" ^"'^ ^^Y also pass^al 
 fby-laws debts, b'lndV e^JT' '^""'^''''''^ ' -^^ ^ 
 Lties .shall be valid, althongh no snr'"?'"*' ^"^^ «*her 
 L-asheen settled or inipos^d to .fS 7-''^''' «"^«^1 
 pronde-J by sections 340 to 340^!^.*''' '"^ ^'^ch year 
 [,.^51 ; 41) Y. c. 37, s. 8. ^ ''^ *^'« Act. 4G V c.' 
 
 1^, The council may in anv h J 
 
 ereafion of such debt, or fbrThe "^ *" ^^ ^'"'"''^ for Rates ,„.„ 
 Meeds, covenants, or other seen ff ''"^"'^ ^^ «"ch t'/^P""^ 
 3 yestj, or in any other b^-Ja w^n /'' ^' ^^^''^''^^^l to -nt":/"'-- 
 4s(tteHndimposeaspeciar!,t,.' P"'"'^^ l>>' theSeH:,, 
 )M .is the council may deem Pv.r^' '"«^""^' of such^'Cro;^ 
 •"'-■ates whatsoever,^Jrie;Td^^^^^^^^^ ^'''^'^on "tllXr 
 d ratable property within tK nun >'"' "''^" ^'^« 
 ^entantl discharge of such debts ).n".l''''^'^>^' *o»- the 
 (k securities, or some mJfh T"*"' '^««f's, covenant! 
 
 «.e.|iured by the sections Lf '"'P^.^^^' thereby [^ ]... 
 
 ^-l-all,so.jrasapSbCX^r'^^^"^^^^^ 
 
 l^-lH-, ami the moneys raised ^^loT^ ^^:'^"^ *" ever^- 
 
 111}'" every respect as such n I. • • ^ ''"''''''^ thereb^ 
 
 "f -7 by-Jaw enacted by .n^;":''^^'^"! ^^""1^' extender 
 
 * .a,s provided in thetud iS"^ '''' *'^« -nation 
 
 ^^ to be raised thereby 46 V f i "*' ^^ '^^^ '"oneys 
 
 !■ £^7 by-law passed by anv , • • 
 
 =?''''>'^'«l^t.bvt,,ei,.s„eofdebe^„,^;^ for con- %-»«.. 
 
 «>' vear, und for levying n,f! ? f' ^"'' ^ longer term Vl"'"'^ 
 
 ;7';^ -tahie p..pi;"^of t ^;;^ r t-- 'of «s ss^^ . 
 
 '■ ^''■'" be registered by the S of it '^'^' "'^ ^^»>' Pa-'t 
 _________J^* ^'^^ 'municipality, 
 
 f 'Ugh not containin.. anv /'" ', '^ P-^^^^^d by a eo„nf u 
 '■' I'V the ratepayers" ^{ T"'*"'^ ''^te, and a?f,u^'b« 
 
 Bor 
 
11 
 
 266 
 
 THE MUNICIPAL MANUAL. 
 
 
 ^%H 
 
 ' oAmlJlA^i. 
 
 [s. .351, 
 
 if a county, in the registry office for tlio county in wliieliti, 
 county town is situate, or incase of local municipalities in ti^ 
 registry office of the registry division in which the lo '! 
 municioality is situate, within two weeks after the final 
 ing tiiereof. 46 V. c. 18, s. 353. ''"^^" 
 
 Applications 352— (1) Every such by-law so registered and the d |. 
 aside regis- tures issued thereunder, shall be absolutely valid and bimlj » 
 tration. upon the municipality, according to the tennn thereof ■ l' 
 shall not be quashed or set aside on any giound wlmt'ev"' 
 unless an application or action to quash or set aside thesa 1 
 be made to some Court of competent jurisdiction, within tl • I 
 months from the registry thereof, and a certificate under tl I 
 hand and seal of the clerk of the Court, stating that si L 
 action or proceeding has been brought or ap[)licatioii mad I 
 shall have been registered in said registry office witjiiufi'l 
 period of three months. 
 
 (2) If the action or proceeding be dismissed, in whole or ii I 
 ])art, then the by-law or so much thereof as is not tiie suU 
 ject of the application, or not quashed upon the itpnljcatioiu 
 shall be absolutely valid and l)inding, according to the teraii 
 Certificate of thereof. Oil the expiration of three months (h) from thedat] 
 dismissal of of tlio registration of the by-law ; upon the disiniHsal ofsiicJ 
 action or pi'oceeding, a certificate to that effiict may he red 
 tered in the said registry office. " 
 
 Publication (3) Notice of the passing of every by-law to which tliisani 
 the preceding section refer, and which has not been .suhmittei 
 to the ratepayers, shall immediately after the rcjristration , 
 the by-lav/ be published in some jjublic newspapei-, puhlislii 
 either within the municipality, or in the county town, on'r, 
 public nevvspaper in an adjoining local munieipaiitv, as tj 
 council may designate by resolution, and the publicatidiislial 
 for the purpose aforesaid, be continued in at loast one iiiinilx 
 of such ivipcr each week, for three successive weeks 
 46 V. c. 18, s 354. >See sec. 408. 
 
 Kxceptionas 353. Nothing in the last preceding two sections contaii 
 i)rovem»nt sli^" make it obligatory upon any city, town, or incorporai 
 by-iaw>. village to register any by-laws providing for tlie issue of/ 
 
 When by. 
 
 law, or so 
 nuich there- 
 of as is not 
 quashed, to 
 be valid. 
 
 "=% 
 
 > 
 
 ben tures, passed under the provisions of this Act lelatiiij 
 local improvements, but the same may be so n'<,'isteredat| 
 option of the municipality. 46 V. c. 18, s. 355, 
 
 (6) See sec. 334. 
 (c) 8ee note/ to sec. 293. 
 
 ^J563.Jbegis 
 
 354. Tlie iiof 
 iall be in the i 
 
 .Votice is hereby 
 
 jjy of A 
 
 jtiiearaount of $ 
 I4j(such by-law m 
 ie county of 
 Any motion to q 
 Bust 1)6 made witi 
 nd caiiiiot be mad( 
 
 Dated the 
 
 \iSY.c. 18, s. 35( 
 
 355. The by-Ja^ 
 aerpiovided by !, 
 fpgiiiti'ar sJiall be p 
 (I6V.C. 18, s. 357. 
 
 : 356.-(I) The c 
 hll he in the form 
 
 I In the 
 
 ETIiisisto certify t. 
 
 piirt, eii titled 
 
 I the f. 
 
 i been called in que 
 
 Jhlioii, state thtj'act) 
 
 T)ate(l, 
 
 pi') The certificati 
 \}\ 1)6 in the form! 
 
 itlie 
 
 I hereby certify that! 
 
 (ilaHAo. A 
 
 ilismissed (or if ^A 
 
 p'' made, verbatim). 
 
 Dated, 
 
 ^ 
 
 p) The i-egistrar s\ 
 pi'isteriijg either 
 
356 3.1 REGISTRATION OF BY-LAWS CREATING DEBTS. • 267 
 
 flgx The notice required to be published by section 352, ^^^^^^ 
 , 11 jjg in the form following or to the like effect : 
 
 Notice is hereby given that a by-law was passed by the 
 of on the 
 
 { A.D. 18 , providing for the issue of debentures 
 
 \e amount of $ for the purpose of and 
 
 fh tsuch by-law was registered in the registry office of 
 
 JJ county of on the day of A.D. 18 
 
 Anv motion to quash or set aside the same or any part thereof, 
 
 gt be made within three months from the date of registration, 
 " d cannot be made thereafter. 
 
 ^.dth. , .lay of . 18 ^^^^^ ■ 
 
 46 V. 0. 18, s. 356. 
 I 355 The by-laws shall be registered in the way and man- Manner of 
 
 ler 
 
 provided by The Debentures Registration Act, and theHov!stat 
 «istiar shall be paid the sum of $2 for registration thereof. " """ 
 
 ,6 V. c. 18, s. 357. 
 
 c. 186 
 
 35g__(l) The certificate first referred to, in section 352, ^°^_°j^'jg ^, 
 
 I'CiidiiiK 
 action 
 
 U\\ be in the form or to the efl'ect following 
 [In the (name of Court) 
 
 iliiisisto certify that in a certain action or proceeding in this 
 burt, entitled the validity of by-law No. 
 
 jjl,g' entitled a by-law 
 
 J been called in question {if a portion only of the by-law is called in 
 ^dm, state the fact). 
 
 Dated, -^-^y^,.^ 
 
 (Signed), A.B. ( ) 
 
 Clerk of \ Seal. \ 
 
 1(2) The certificate of dismissal of the action or proceeding cenm°ate oi 
 lill be in the form or to the effect following : 
 
 dismissal ot 
 action 
 
 ithe {name of Court) ' , 
 
 [ hereby certify that the action or proceeding in this Court, entitled 
 
 calling in question the validity of 
 |law No. of the has 
 
 ilismissed (or if dismixsed in part and granted in part, set out tke. 
 |tr Hi«(/e, verbatim). 
 
 Dated, • ■ 
 
 (Signed), A. B. I 
 
 Clerk of \ Seal. 
 
 13) The registrar shall be entitled to the sum of fifty cents ^^^^J°^ "ts**- 
 liegisteriug either of said certificates. 46 V. c. 18, s. 358. 
 
268, 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 357 1, 
 Division VII.— By-La vv.s Rks- i-ectino Yearly Ratks 
 
 Aviount and Limit of Rates. Sec. 357. 
 
 Hoto estimated. See. 358. 
 
 Estimates and By-lavis to he annual. Sees. 359, 360. 
 
 In case of deficiency. Sees. 361, 362. 
 
 In case of excess. Sec. 363. 
 
 Date from ivhich I'axes imposed. Sec. '36i. 
 
 Priority oj Debentures. Sec. 365. 
 
 Power to Exempt from taxation. Sec. 366. 
 
 Reduction of S})ecial Rate. Sec. 367. 
 
 Formalities in By-laio therefor. Sec. 368. 
 
 IZlVvtT, 357-(l) The council of every municipal corporation, and , 
 sufflcient to' of every provisional corporation, shall assess and levy on tli 
 payau'e''^'"' ^''^oJf ratable property within its jurisdiction, (c) a sufficient 
 within tiie sum in oach year to ))ay all valid debts of the coinoiationi 
 whether of principal orinterest, falling due within the yeai- Wil 
 
 (c) The assessment is to be on "the w/iole ratable property Sc ' 
 Au asses'':.>ent, therefore, on a portion of the ratable propertv' snoi, 
 
 year. 
 
 as wild lands. Mould be invalid. 
 
 property, sucJ 
 
 II ' 'i 4h 
 
 (d) The power given is to assess and levy, &c., a sutficientsiimi 
 each year to pay all ralid debts falling due nnthiu tho year. ItisnoM 
 easy to define what is meant by "a valid debt." It may be describeJ 
 a:s a debt which the corporation is legally liable to pay, and tliepavj 
 nient of which may be enforced by process of law. The word "debtf 
 nuist 1)0 taken as used in its most comprehensive sense, "assoniel 
 thing due from one to another." Per Spragge, V. C, in Wllkk ail 
 I 'Hilton, 18 (irant .'>5U. The sinking fund for payment of delwnturJ 
 is a debt, and a corporation can be compelled by mandamus to levi 
 the necessary rate. Clarke v. Palvifrxtuii, 6 0. K. 616. Then tli 
 a.'ssessment is to be to ])ay all valid debts "falling due vUh'm^ 
 i/t'<tr." The general rule is that muuieipal bodies ought not, in oJ 
 year, to levy a rate to pay debts due in a past year. The ratepayel 
 of a locality should not be required to pay for the benefits whiclita 
 ratepayers of a previous year enjoyed. Each year's debts siiouidl 
 paid by that year's asse-^sments, unless in those expressly autlioris 
 cases where a deviation is allowed by statute. J\r A. Wilbon,.] 
 in Ilayuea v. Coficlaixl, 18 U. C. C P. 167. After a lapse of yei 
 tlie ratepayers wouid be a totally diH'erent body from that wliiclil 
 was a few years previously. "Purchasers, availing theM'«f'-,esf 
 I heir right of ins])ecting the annual reports of the auditors oft 
 liabilities of the ratable property in the city, have acquired propeij 
 whicli in the absence of any such liability appearing, as that ivhii 
 is now asserted, they may fairly claim to hold discharged of aiiysa 
 liability as that now sought to be imposed upon it. To cliaigel 
 present owners of real property with this liability woidd seem to [ 
 take of the character of a fiaud upon them, &c." iVr (iwyiine,J 
 in Frontenac v. KbKjuton, 20 U. C. C. P. 64. The giv, , ral inconvC 
 
, 357 1.] 
 
 AMOUNT AND LIMIT OF YEARLY RATES. 
 
 269 
 
 pientsumitt 
 r. It is nod 
 je describes 
 ind the pay] 
 :or(l "debtj 
 "nssomej 
 lI'i'A'if. aiiJ 
 (\el)enturej 
 .mils to le\i 
 ThentW 
 le v'lthin III 
 |t not, in ou 
 ,e ratepayei 
 its whiditlj 
 its slioultH 
 lY autlioris* 
 \Yikiin,.! 
 .pse (if yejj 
 ,hatwto" 
 I\eir«e'-,e8l 
 lL(U*-or8 of t 
 |re(\ propeH 
 I that whi^ 
 ll of anysii[ 
 ]'o charge t 
 1 seem to | 
 (i Wynne, I 
 
 but DOS' 
 
 uch council shall assess and levy in any one year^^fi*",^ 
 
 rate limited 
 
 of retrospective rates has in England been long known and 
 
 '"' J2e(l ou the ground that succeeding ratepayers ought not to be 
 
 ^\f,^Q pay for services ot which their predecessors have had the 
 
 Lprit See Rex v. Hmvorth, 12 East. 556 ; Cortin v. Kant Watet'- 
 
 h Co 7 B- & C. 314; Rex v. Flintshire, 5 R. & Al. 761 ; Woods 
 
 kLi hi & W. 777 ; JoHe,H v, Johimn, 5 Ex. 862 ; S. (J. in Error 
 
 'Ex 452; ^^^ ^- W'aveW, Doug. 116; Rex v. Cioudcheapy 6 T. R. 
 
 !.Q, ' j^tiornty-Oeneral v. Wigan, 18 Jurist 299. As a rule, money 
 
 uived for municipal purposes ought to be raised, as the law directs, 
 
 yorehand, iustead of being in any manner or by any person 
 
 Ivauced, in the expectation of reimbursement by the municipality. 
 
 pfi K(X V. Jiaworth, 12 East. 556 ; Tawney'n Cane, 2 Ld. Kayd. 
 
 |. Daii'son v. Wilkinson, Cases Temp. Hard. 381. But see Burn- 
 
 I »i V. Peterborough, 8 Grant 336. It is for reasons such as these 
 
 it the power to assess under this section is restricted to debts fall- 
 
 lidue "within the year." See Clapp v. Thurloio, 10 U. C. C. P. 
 
 I The result appears to be that no municipal council has 
 
 ffer without the consent of the electors, to authorize the 
 
 penditure of money for purposes not falling under the head 
 
 ordinary expenditure, without having the money in hand 
 
 meet the demand, and without making provision, by rate 
 
 otherwise, to raise the rtquired amount to meet the demand when 
 
 e McMaster v. Newmarket, 11 U. C. C. P. 398; see also 
 
 Hand Moore, 27 U. C. Q. B. 150 ; Graiif and Pmliw/i, lb. 154; 
 
 »rt Carpenter and the Totmship of Barton, 16 O. R. 55. The policy 
 
 the law appears to be that all debts, where there is not money in 
 
 1(1 to meet them, should be met by a rate in anticipation, or that 
 
 ler^vise the amount should be raised by rate within the current 
 
 r. By the observance of this policy, abuses may be prevented. By 
 
 .neflect of ifc, abuses will assuredly arise. If there were no policy 
 
 be observed, council after council might allow arrears of debts to 
 
 umulate, so as to bind future councils and to burthen future rate- 
 
 lyers. If this were permitted, there would be no check upon the 
 
 ;ravagance of municipal councils. The legislature, in order to 
 
 itect the ratepayers oi the several municipalities against abuse of 
 
 powers entrusted to municipal councils, have provided certain 
 
 rictions and limitations upon their powers. It is for those who 
 
 itract with the municipal councils to see that the powers given are 
 
 ircised with a due regard to such restrictions and limitations. If 
 
 ly neglect this, they have their own want of caution to thank for 
 
 f inconvenience or loss they may suffer in consequence, and they 
 
 inld not expect that such neglect should operate in their favour, 
 
 furnish an argument for disregarding those wise provisions of 
 
 which are designed to protect ratepayers from reckless or un- 
 
 lorized expenditure or incurring of debts by municipal councils. 
 
 MIkh V. Brantford, 2 U. C. C. P. 35 ; Scott v. Peterborough, 19 
 
 C. Q. B. 469; WrUiht v. Orey, 12 U. C. C. P. 479; Cross v. 
 
 ira, 23 U. C. Q. B. 288 ; Haynes v. Vopeland, 18 U. C. C. P. 150. 
 
 further, Wentworth v. Hamilton, 34 U. C. Q. B. 601 ; Potts v. 
 
 iiin7/e, 38 U. C. Q. B. 96. It has therefore been held, that a 
 
 licipal corporation, sued for work done, may plead that the cause 
 
 ition arose for and concerning a debt incurred and falling due in 
 
 ' ■ ' ■' \ 
 
 \ 'f ''im 
 
 ' : 
 
 M ■ 
 
 t : ■ . ■' 
 
 
 
 . ■'.■'■, 1.-..' ■ 
 
 
 ■ '''r- 
 
 '.' :r I'll, 
 
 * ■■ '■' %i 
 
 
 
 |m 
 
 mm 
 
 m 
 

 
 Ir 
 
 WM 
 
 
 ■> «ai' 
 
 i*f 
 
 > it <!ii.3 
 
 270 
 
 THE MUNICIPAL MANUAL. 
 
 [n. 357 
 
 to two oenta 
 In tbo dollar. 
 
 Proviiion 
 when fcucli 
 •Kgregiite 
 notsufflclunt 
 to pay d«)>tft 
 payable 
 within the 
 year. 
 
 m] 
 
 MANNEI 
 
 more than an ngpjregnte rate of two cents in the dollar on ti 
 actual value, exclusive of school rates, (e) * 
 
 (2) If in a municipality the aggregate amount of the r t 
 necessary for the payment of the current annual exnensf' 
 tiie municipality, and the interest and the princiiml of u 
 (hibts contractetl by the municipality on the 2yth (|. 
 INlarch, 1873, exceed the said aggregate rate of two eont ' 
 the dollar on the actual value of such ratable propertv li 
 council of the municipality shall levy such further riitL 
 n)ay be necessary to discharge obligations np to that 1 1 
 incurred, but shall contract no further debts until the am I 
 rates required to be levied within the municipality are 
 Proviso. tluced within the aggregate rate aforesaid : but this shall' 
 
 a previous year, whicli was not within the ordinary expenditi J 
 tlie corporation for that year, and for which no rate was imuos'l 
 by-law. /h. In such a case it would be held that there wa 
 " valid debt." Jiut sujjpose a valid debt incurred in one year • 
 tiie corporation omit to levy it in that year, does it hecoinea 
 valid del)t the next year ? Is the del)t paid or the duty extiiimii 1 
 by reason of the onussion ? Per John Wilson, J., in Hay„pA n 
 land, 18 U. C. C. 1'. 168. If the debt be not paid orthe'diitv 
 charged, phiintifF sliouhl bo allowed to recover a jiuk'nient 
 inability to make the judgment productive is no defence to 
 action, nor any re.ison that the judgment should not l)e obtain! 
 See PaUl'<ter v. Uravewud, 9 C. B. 774 ; Paipie v. Breco)i 3 H * 
 572 ; JJiish V. Martin, 2 H. & C. .31 1 ; Hartimll v. Ryde Commml 
 4 B. & S. .361 ; Hartley v. Mare, 19 C. B. N. S. 85 ; ^cott v C 
 and liathnrst School Trustees, 19 U. C. Q. B. 28 ; Front'itacv f 
 St on, .30 U. C. Q. B. 684; S. C. 32 U. C. Q. B. 3^»- m'riii 
 Paisley, 8 O. R. 270. See further Utrattou v. Metropolitan Bonn 
 Worf:s, L. R. 10 0. P. 76. 
 
 (e) The limitation as to the amount of rate was first introihiceiil 
 tlie 29 & .30 Vict. cap. 51, sec. 225. The rates in some nnniicipali 
 were, before the passing of that Act, so rapidly increasing as to( 
 alarm among the ratepayers, and seriously diminish the valuJ 
 proj)erty and so threaten to impoverish the ratepayers. Tlieiea 
 applied is that of limiting the aggregate annual taxation to ' 
 cents in the dollar on the actual value, exclusive of school rates.' 
 an attempt were made to exceed the restriction, no doubt thee, 
 would, upon a proper case being made out, interfere by injuncl 
 Sec Edinlnmfh Life Ins. Co. v. St. Catharines, 10 (Jrant, 37fl;| 
 State Ex rcl. Circuit Attorney v. County Court of Saline Comti 
 Am. 4.54. The limit of two cents in the dollar includes the sp 
 sinking fund account to be levied in respect of past debts. Wilt 
 Clinton, 18 (} rant .557. Where an Act prohibited niunicipalitiesj 
 "contracting any debt or pecuniary liaoility, without fully provi 
 in the ordinance creating the debt the means of pay/ng the priu 
 and interest of the debt so contracted," it was hold inapplicad 
 •^ ordinary street work, forming part of the current expenses ( 
 
 \m ivny spi>«ial 
 Lpeeial Act now oi 
 
 358. hi countif 
 jl(i('jilculiitt'(l at so 
 L-'all the roiil an 
 [llirii'in. (/() 4G \ 
 
 ■(uriwmtion, ptiyahlo c 
 h Lii. An. '.mi Mo 
 taiifil shall not creu 
 jfliiih shall exceed, &( 
 hjiiiiutvdclii'tn. Me( 
 lipetial pdH'or to a nni 
 'iiitcrpriscs dooH or doe 
 ,fMx;ition, lias, in tin 
 Iriirt'isy and of judieij 
 ")-. (iddrv, Pavt'iifK 
 i,v Reg. N. S. .394 i 
 Jl\ Hiiriici V. Aehiso 
 }\u,i St. 47- ; ('omiiic 
 icli/iatioii of the Siipre 
 tniid'oii wliioli restric 
 ^wcf (if taxation in thi 
 [ .\lli'.ili"iiii, 24 How, I 
 jire (if Ontario, when 
 live power to aid corpo 
 I'on, .so declares in the | 
 ,,, It is of course in 
 lit to bo exceeded eitl 
 hnj V, Al/i'ijlioiiy, 24 ' 
 ill. ISO; li'i/iimopv. Six 
 ilMon V. iiailroa 
 [Udi. (Mass.) 87. It h; 
 i! railway enterprises 
 , rV Ijy-law imposing 
 Itnfereace to value is 
 So a by-law imposii, 
 ttlwiit reference to valii 
 Icity, Ex parte A Id we 
 Ifr a by-law in any oft 
 1; Imt the Court will no 
 [dioially advise a mini 
 e*.^uient. In re Dicksi 
 value in cities, tow 
 linties and townsliips , 
 trapitalizing the annua 
 (iiHjuaiizingall values, 
 p. But since 1st ^ 
 jiislied. Actual valu- 
 lib tiie old law, a byd? 
 Ilfried on actual value; 
 Tito be illegal. Griersm 
 
 V3^': if 
 
.0} MANNER OF CALCULATINO ANNUAL RATES. 
 
 (T.t liny flpi'^'if^l proviHion.s to the contrary contiiined ii 
 * 111 Alt ""^ "'' ht'i'PH'ftor in force, (y) 40 V. o. 18, h 
 
 271 
 
 SPl" 
 
 in any 
 359 
 
 >w r»fi'» 
 be c«l- 
 
 nta In (counties and local municipalities the nitos Khali '•' 
 I. ^,,iiculiiteil at so much in the doUiir u|)on the actual value ouiated 
 I i all the void and ptM'sonal property liable to assessment 
 l^iein. (h) -iG V. c. 18, s. 300. 
 
 ..ration, pnyvhlo out of curr 
 Ir An. •'-'•• '^" wliero tli 
 
 current revenues. Jiei/iiolflu v. Shnrepoit, 
 vvonls of tlie Act were that "the 
 
 't inrmestloDS or iloes not pi'o taiito repeal a limitation as to jxtwer 
 '•'. tiitinn, liiWi hi the United Htates, been a 8ul>jeot of nuieli eon- 
 aml of judicial conflict 
 
 Iriitt'l'i'.V 
 Clarke s\ 
 
 »^- Reg. N. 
 *■>■ Ikriici* 
 St. 
 
 V. 
 
 Jiufz V. Mi(,-*m(iH,', 8 Wall. (U.S.) 
 lidi'i'iiport, 14 Iowa 494; Lcarntd v. Iiiitnii(f/on, 2 Am. 
 S. .3!)4 and note ; Li'dvenworth v. Norton, 1 Kanans 
 Achinoii, 2 Kansas 2'A ; FoxOkk v. /'ern/xhiirif, 14 
 dummouwfoUli v. Piff.shnni, .S4 Pa. St. 49G. ' The 
 
 I ,ii||;,tion of the Supreme Court seems to be in favour of that eon- 
 Tu tion wliicli restricts such a limitation to the exercise of the 
 !«.i()f taxation in the ordinary course of municipal action. Ameif 
 \lh'lliiui!l, -■^ How. (U. S.) 3()4. (ienerally speaking, the Legiala- 
 iL ,if Dntai'io, when intending that municipal corporations shall 
 lye power to aid corporations notwithstanding the two cent linnta- 
 Ign SI) (lei^liu-es in the particular Act of Incorporation. 
 
 I,]) It is of course in the power of the Legislature to pernut the 
 luiitto be exceeded either generally or for particular purjioses. See 
 li,i,/v. Alli'ijluiuij, 24 How. (U. S.) .3(;4 ; Wallace v. San Jose, 29 
 L IS": Wi/ifoo/tv. Societji, 10 Iowa, 3SS ; liicev, Kcokid; 15 Iowa, 
 ilihlioii V- JiaUroad Co., 3() Ala. 410; Footc v. Salem, l4 
 1 (Mass.) 87. It has done so notably in Acts for the aid of 
 a! raihvay enterprises. 
 
 A l)y-la\v imposing a tax of so much an acre, arbitrarily, with- 
 it nference to value is bad. Doe McG'dl v. Laiujton, 9 U. C. Q. B. 
 Sii a by-law imposing one uniform rate of .'is. per foot frontage, 
 Etliout reference to value, for draining into the common sewers of 
 Lv. E.C parte Aldwetl and Toronto, 7 U. C. C. P. 104. VVhen- 
 ler 11 1)\ -law in any of these respects is illegal, the Court may quash 
 |. but tlie Court will not on an application for a mandamus extra- 
 IJicially advise a municipal corporation as to the proper mode of 
 Kssment. fn re. Dickson and (ialt. 10 U. C. Q. B. '195. Formerly 
 value in cities, towns and villages was annual value, and in 
 hntles and townships actual value, and a process was necessary 
 Icipitalizing the annual values of real property at six percent., 
 dualizing all values, with a view to the imposition of county 
 |es, ]5ut since Ist January, 18(57, the distnictiou has been 
 lidieil. Actual value is now the rule in all municipalities. 
 Ller the old law, a by daw imposing a rate for county purposes, to 
 lle\ie(l on actual value,* and in villages on annu**! value, was held 
 t to be illegal. Orierson v. Ontario, 9 U. C. 4. B. 623. 
 
•J72 
 
 ItltllilUtHI to 
 
 M mH(i« 
 annuiilly, 
 
 I :i W 
 
 f'ii 
 
 THE MU^'ICIPAL MANUAL. |^n.„ 
 
 369. Th« council of every county or locu. lauiiicijj. l 
 shall t'vcry year nmke cHtiuuites of all Hunm wliiul, i|,„Vi^ 
 reijuired tor the lawful purposPH (i) of tho county or f „|' 
 municipality, for the year in which such huuih arc nMrniipj 
 ho levied, each municipality making clue allnwanct; for the I 
 of collection, (j) and of the 'ibatement and lossos wlildi | 
 
 occur in the collection of tlie tax, anil for taxcH on the 
 of non-residentB which May not be collected. 40 V 
 8. 361. 
 
 c.l»J 
 
 (/) Lawful luirpoMcH. Minii-jipal counuils, derive all tiit'irpo\' 
 of t.ixatioii tniiii St.ituto haw, if tiio pnrpoHo of tiixation 1 *^' 
 cither iixprcasly or iiifurentially authorized by Statute, it is not l"^' 
 ful purpose. Alinot v. /iih(ilii({infn of Went Jloxhiiry, 17 Am .V *1 
 
 (.;■ ) It is not necessary that the by-law hIiouM sot forth the <'stiii > 
 on which it iH fouudud. Fletrhcr and h'uphninitt, ]',\ \], fj, g y ','" 
 Mentioning a Hi)ecifii! sum to be raised for specitic purposcH m 
 treattid as setting forth an estimate that such sum is riMjuircd for t'i 
 purposes I'er Kobinson, C. .!.,//>. i.').3. Tho Court will inteinKy 
 proper cHtiiuates have l)oen made, in the absence of evidoiiei' tli;ittl 
 are wanting. //». A local municipality has not, it seems, the un ' 
 pass a by-law iinjjosing a rate in aid of a county rate. //>. \u\ 
 authorizing a levy of certain moneys for township purpo«HH ' 
 tloiilifr the amount required by tho county for county iMiriH]*., 
 cIe;o-Iy bad. Ih. " To raise moneys for those same piiriiosis tolj 
 full amount in (me case, and to double the (unount in the other i 
 on tlie face of it, beyond tho power of tho township council, fur it] 
 exi-rcisiiig a power nf)t oidy not conferred upon them, Imt exiiwij 
 conferred upon anotlmr municipal corporaticm. The only ainimj 
 ottered to justify this course was that the townshi]) ominil) 
 ascertained that, owing to tho largo proportion of lauds laMliynJ 
 residents, a sum very far short of that imposed by tin; coimtvl 
 law would be collected by the collector on the roll ; that a conJidi 
 aide (k'ticienoy would remain to be made up which tlie timmil 
 treasurer would have no funds to meet, and therefore siieh abyl 
 was necessary to supply those funds. , . , p^'^i 
 |iurpo8es of this argiunent we will assume the object and inteiitio: 
 tlif townshii) council to be what .are stated, and that tlie factjj 
 wliich they rely as retjuiring them to take this course exist ( 
 if our decision hiid to rest upon any such ground, it would havel 
 be indispensable that all those facts should oe established before. 
 but we think, assunung everything suggested, that will not mi 
 the bydaw, wliirh is nut, on the face, of it, directed to thf puruiX 
 meelin<j a di/irienn/, and does not even mif/yeHt any, if that irof 
 enable the townsliip council to raise money by by-law n\nmm 
 meet it." &c. J'er Robinson, 0. J., Ih. 132. A by-Liw enacl 
 " that the sum of three pence in the pound be levied and raised] 
 all ratable projjerty, to raise the sum of £375. to defray all eiix. 
 on the township for the current year, county ami t()wn.<hi)i iiM 
 and a portion of said sum to be laid out on repairs of ri>a( 
 bridges as the council thinks most wanted, and if any li 
 remain, to be lianded over to the credit of the township for the 
 
 1 360.] 
 
 360. The cou 
 
 I'lir, or sevoni I h 
 jc/fl mte or lute* 
 [mine '^f tlw proji 
 
 )rfliso tlie siinis 
 U, s. 362. 
 
 ggyear, wm ipias] 
 ra)«r. ./., nnitl : ' 
 Idyi'tlier. As to tl 
 
 for tiiu reason 
 'ill. 13 U. V. Q. B. 
 
 how Mllicll liu 
 Ih' raiHed ; noi- yt 
 \ref I'eiice in the poi 
 PDof t'.'i7.'» wJiich tl 
 \ew iuv also other i 
 (tuea'ssarytoftdverl 
 
 LW, It is now 
 mi'il, ill pfiyinj,' ovei 
 Itrtaxorrate lawful 
 
 pply out of the funds 
 •nuihiKtjimfiif q/' the, 
 loiency arising from 
 on pi'i-HihKil pror)ert' 
 Stat. c. !!>.•?. ith,; 
 iHtT to add tf» tho 
 ftlie cost of collectii 
 M uliieh nii^dit occu 
 (if non-residents 
 ]2(;rant.330:,y. c' 
 l:"TliepoIicyof the 
 p<wsil)Ic, the mom 
 
 iiiHionty for pro vine 
 
 the control of the 
 
 ' I'y their authority 
 
 fjiirisdiction. " //^_ V, 
 
 [eleventh section of 
 
 "■''t'ltion Act, sane 
 
 /very local munici 
 
 lifmauce, . 
 
 '""•aiH"J is to' be 
 
 "^; • • that 
 egislatiire that the 
 column money of 
 levied for the co, 
 liar mednim of t,avi 
 at It. J renholiit v. 
 
 ^t is not necessary t] 
 llch It IS founde.j ^ 
 
 w]J,mnt to raise 
 
 [to ascertain the 
 
 35 
 
 M 
 
 th 
 
 an 
 
ANNUAL E8TIMATK8. 
 
 273 
 
 \nx \vi\\\4 
 tiou 111' ii(|l 
 R not A U«J 
 Km. rv2. 
 
 ho cstimiitJ 
 
 :;. (MVh'sl 
 
 iveil for tbJ 
 II iiiti'mhy 
 uee thiiUM 
 , the Y^viai 
 ''). Aliy.lii 
 mrposcs, 
 \; \)\\T\K»'\\ 
 \r\iosi's tots 
 
 the other, 
 uncil, fur itj 
 
 \mi ex^reid 
 |ou\y aivumi^ 
 
 p I'dUlR'iU 
 
 H \w\A liy Dol 
 \w cimntyl 
 Ihat !i consi^ 
 t\>e tnwnsll 
 such aliylj 
 Fnrl 
 kil intentiotil 
 it the facts I 
 le exist I 
 •wiivilil luvel 
 .hcil before I 
 ill not smJ 
 
 if that woT 
 ,w exprtssll 
 ,)y-l;i\v enadl 
 111 iiiiil raisedl 
 
 'ay all ejp 
 lirii.</i'|i ill''! 
 
 rti of ri'ulsl 
 
 if auY |)a1 
 |hi\) for thee 
 
 , 360.] 
 
 «gn The council of every nuinicipality may pnss one l>y- 1'/'"** 
 1 . or several hy-lawH, authorizing the lovying and collecting mon'i'y by 
 
 Lrivte'"' wt*'*' of 8o much in the dollar upon the assesHed "**• 
 'liie of tlio property therein as the council deoniK Hutficiont 
 L jgp tho HiiniH required on such eHtinuvtes. (k) 46 V. c. 
 
 ^^'.•i^ ' 
 
 ,r •• wrts (lUivHlied, White v. ColUwjwnod, 13 U. C. Q. K \VA. , 
 
 . ler <l.) ""'''' : " In our upinion this by-hvw nmat be quaNhcd 
 
 itillutiier.' As to the part inipoHing nites for county purposus, it is 
 
 tdftlio reiisiin given in the preceding oiiho. Flilrhir v. Kvph- 
 
 13 II. ('. '■)■ ^- 129. And then this oy-law allords no means of 
 
 ,, how inmli uiust be <luductc(l from the sum of £375 directed 
 
 '/'.''riiiHoil ; nor yet can it l»e ascertaii.ed liow much the rate of 
 
 , neiice in tlit! pound nnist be re(hiced in order to raise that por- 
 
 "^^ it CJT'* which the townHJiip council had authority to impose. 
 
 VAU 
 
 ere arc al«<> otlier apparent objections to this by law which it is 
 
 t uccessary to advert to fo/ the jmrpose of sustaining our judgment. " 
 
 ' [,",. ft is now expressly enacted that " every local nuinicipal 
 
 ,1 ill ijivyini; over . . . its share of any county rate or of any 
 
 itiixoiTiitc lawfully imposed for Provincial or local purposes ^Imll 
 
 *,lv mit iif the funds of tlie municipality any ilcficieitci/ aritinij j rum 
 
 \,n„.Mijnu'nt of (be. tax, biit shall not be held answerable for any 
 
 ieiioy arising from the abatements of, or inability to collect, tlu" 
 
 nn ;/.'C.w.i((/ property other than for county rates." Sec. 203 of 
 
 Stivt. e. 193. It has been intimated that a local municipality has 
 
 miwer to iiiM to the column headed "County Rate" an idlowancc 
 
 thei'ijstof collecting the county rate and for the abatements and 
 
 j\\iiii;h might occur in the collection of it, and for taxes on the 
 
 I of nonresidents which might not be collected, (irkr v. <SV. Vhi- 
 
 l'2(irant .130: .S'. C. i3 fJrant 512. Mowat, V. C, said in the last 
 
 "The policy of the I^egislature appears to have been to guard, as 
 
 J possible, the money to be raised in the township by its miinici- 
 
 lutliority for provincial, county, school and other 8])ecial purposes 
 
 the control of the township council, these moneys not being 
 
 il by their authority, or not going to purposes over which they 
 
 Ijiirisilietion." /''• 519. And again : " It is now suggested that 
 
 lelevunth section of the Assessment Act, as explained by the 
 
 priitation Act, sanctions what was done here. That section 
 
 i every local municipality, in the estimates of the year, to make 
 
 lllowance, . . . but says nothing as to the column in which 
 
 illowanc'j is to be entered, ... I think it is sufficiently 
 
 Jilt . . . that it is contrary to the intention and policy of 
 
 (Cgislature that the township should mix up in the ' County 
 
 ' column money of which they are to have the control, with the 
 
 levied for the county." Ih. .'520. If the tax Act direct a 
 
 nlar medium of payment, there can be no right of set-oiT so as 
 
 at it. Treiiholin V. Chnrltstoii, 10 Am. 732. 
 
 Jtis not necessary that a by daw shoidd set forth the estimates 
 ich it is founded. But the rate should be such as " the council 
 \tiifii'!'»f to raise the sums recpnred on such estimates." In 
 I to ascertain the amount of the rate, it is necessary for the 
 
 35 
 
274 
 
 If the 
 
 amount col- 
 let ted fall ) 
 short. 
 
 
 .;; 
 
 1 
 
 
 m 
 
 ii.^g] 
 
 iif 
 
 
 M 
 
 
 •aiirA-f^^ — 
 
 THE MUXICIPAfi MANUAL. 
 
 361. If the amount collected falls short of tho sums 
 quired, the council may direct the deficiency to be made 
 
 un 
 
 council to know the amount proposed to be raised, when ijayable 
 the whole amount of the ratable property of the municipali;y ac''"' 
 ing lc the last revised or equalized assessment rolls. These"" 
 required to be recited in the by-law itself, in order that the Coiut ^ 
 others may judge of tlie suiliciency of the rate to raise the sum'"' 
 (juired by the estimates. But even if there bo a mistake as to 
 amount of the ratable property, or an error as to the suffiuiency of 3 
 «'ate, it does not follow that the by-law must be set aside. (/nVij 
 
 v^. Oufatio, 9 U. a Q. B. (i'-'3. Burns, J., said: "I do not'thl 
 the Legislature ixitcnded that the Court should be compelled touvd 
 a by-la'7 because it could be made out by proof that some enon 
 committed in a calculation, or something of that sort done wh 
 would in strictness be illegal." lb. 632. In this case, the couii 
 council, in estimating the actual value of tlie ratable property in 
 village of Oshawa for 1851, nuide it ii61,6GG, whereas it should hi 
 been £()"2,r)0(), and yet the Court refused to set aside the l)y-Ia\v 
 But if the amount of the special rate be unequal or plainly insutjicii 
 iiud so illusory, the objection would assume a substantial charai 
 calling probably for the summary interference of the court 
 Draper, C. J., in Record and Lincoln, 24 U. C. Q. B. 142, l")0 
 this case the sum mi itioned in the by-law was $6,434,773, nheij 
 the amount mentioned in tiie rate was !;!(), 452, 655, a dili'erence " 
 small to reipiire serious notice when the rate to be imposed w.isL 
 a mill in the dollar, " and so the Court refused to quashed theby-l 
 ih. But where it was clear and admitted that " the 5|d. iaj 
 pound on tlie sum stated in the by-law to be the value of the rati 
 property within the municipality, would not produce such an an 
 as would cover the payment, wiiich, under the by-law, is aiipoii 
 to be made within the year, but considerably less," the nilel 
 made absolute to quash the by-law. Perry v. Whitbi/, 13 U. i 
 B. 5()i. Per Robintiun, 0. J , 'It will be found, I tluuk, to( 
 short by about £30." Ih. 567. This by-law on the face of it \m)A 
 " that if the rate in any one year should prove delicient, &c.,i 
 deficiency should be made up from the general fund of tiie ttf 
 .■\s to this, the Chief Justice said, "And the manner in which tli 
 law provides for making u]) tiie deliciency that may arise in tlia 
 ment. even if it were clearly legal, would not still cure theobje 
 for the statute expressly requires tliat the rate imposed sluitl //« 
 self suHicient to cover it upon the basis of calculation assumed 
 if not it declares that the by-law .sAdW />f^ void." //>. 567. 15u 
 it is appre}\endod that it is not necessary that calculations shoi 
 the Ciise of every by-law be strictly correct. It is not incumb 
 a municipal council to raise all that is required, and no nmre I 
 required for ordinary purposes, by one by-law. Wero this th 
 it would be impossible, owin^ to contingencies, for any mul 
 council to comply with it. The amount collected may eith 
 short of or exceed the sum required. If short, the deficiency 
 made up from any unappropriated fund belonging to the munic| 
 Se'\ 3(51. If no unappropriated fund, the deKeiency may be i 
 deducted from the sums estimated or from any one or more ( 
 or a second by-law passed under this section. If an excess, I 
 
.364.] 
 
 ANNUAL RATES. 
 
 275- 
 
 ,, ^,iy unappropriated fund belonging to the municipality. 
 
 |;T6V.c-18,s. 363. 
 
 «g2_ If there is no unappropriated fund, tlie deficiency Kstimates 
 I V be equally deducted from the sums estimated a.s required, reduced. 
 from any o^® ^^' ™oJ*6 of them, (m) 46 V. c. 18, s. 364. 
 
 363. U the sums collected exceed the estimates, the balance j!^}iected '"" 
 lull form part of the general fund of the municipality, and exceed e«ti- 
 \t the disposal of the council, unless otherwise specially J"^ation''of'*' 
 niopriated ; but if any portion of the amount in excess has fhebairice. 
 uln collected on account of a special tax upon any particular 
 ojitv the amount in excess collected on account of such 
 'mi tax shall be appropriated to the special local object. 
 fv, c. 18, s. 365. 
 
 jg4. The taxes or rates imposed or levied for any year Yearly taxes 
 J be considei'ed to Lave been imposed, and to be due on puted from 
 [3 from the first day of January of the then current year, I,n,;',"°oXr' 
 y eiul with the thirty-first day of December thereof, (o) wise ordered. 
 [less otherwise expressly provided for by the enactment or 
 
 Lbecome3 a part of the general fund of the miuiicipality, unless 
 Lrwise appiopriated. Sec. 303. 
 
 [) See the last note. 
 Ilnj See note k to sec. 360. 
 
 ., BvCon. Stat. U. C. cap. 55, sec. 16, it was declared that the 
 
 j« or rates levied or imposed for any year shall be considered to 
 
 itebflen imposed for the then current year commencing 1st January 
 
 ing Slst Deceml)er. It was apparently enacted to i-eniove a 
 
 jciilt\ such as that whicl. presented itself in Mcltixh v. Brantford, 
 
 IXX. p. 35. In re Yarwood, 7 U. C. L. J. 47, Hughes, Co. J., 
 
 'The sixteenth section of the Consolidated Assessment Act of 
 
 per Canada, specifies that the taxes imposed for the year shall be 
 
 Biiereil to be so imposed for the current year, coninicncing on 1st 
 
 iiiryand ending with 31st December, unless otherwise expressly 
 
 Itidedfor by by-law. I consider in the absence of such a by-law 
 
 i taxes imposed for the year are to date from 1st January to 
 
 t December, that the property upon which rates and taxes 
 
 jjssessed is to be that which the rated party owns or pos- 
 
 I within the same period, end no more ; and if he were a 
 
 ("at of the town when the assessment was taken, or after 
 
 tof January, he was properly assessed, as a resident, because 
 
 IweBsment relates back to Ist of January in each year." In 
 
 fv. Vienna, 10 U. C. L. J. 275, the same learned Judge 
 
 The facts which came out in this case shew me that the 
 
 tuD In re Yarwood, 7 U. C. L. J. 47 was not correct in one 
 
 alar, Had the appellant there been assessed as well in Yar- 
 
 liasSt. Thomas in respect of the same income, an injustice 
 
 I. ' ti 
 
 >l''^. 
 
 m 
 
 ' ; M 
 
 J» 
 
 , i 
 
 
 
 -M. r 111 
 
 |r III 
 
3 
 
 n 
 
 276 
 
 l»riorityof 
 liobeiitureg. 
 
 How rates 
 for paying 
 them to l^ 
 calculated. 
 
 li^ 
 
 
 11 
 
 Hi 
 
 
 11 
 
 ill 
 
 RfaHj^l 
 
 Bli!.il 
 
 i 
 
 HH 
 
 
 
 1 
 
 HI 
 
 
 1 i'l 
 
 THE MUNICIPAL MANUAL 
 
 [s. 364. 
 
 ip) 
 
 bv-law under which the same are directed to be levied 
 46 V. c. 18, s. 366. 
 
 365. — (1) All debentures issued before the 1st dayof Ja 
 uary, 18.67, by municipal corporations, under any by-law a 1 
 based upon the yearly value of ratable property at the tim 
 of passing such by-law, shall hold the order of priority whi )i 
 they occupied on the said 1st day of January, 1867 • VoWn' 
 
 would 
 led 
 
 Id at once have presented itself, which I am satisfied would h 
 me to a conchision different to the one I arrived at, because th* 
 statute never intended a man to pay taxes tivice in the same vea ' 
 respect of the same property. So that I ">a now satisfied th" i 
 sixteenth section only fixes the municipal fiscal year to commen 
 on Ist January and to end on Slst December in each year (unl '^^ j 
 a municipal by-law fix it otherwise) for all purposes for whft 
 rates and taxes are to be considered to have been imposed ' 
 current year." In Ford v. Proudfoot, 9 Grant 478 ; Corbett v Tmil i 
 23 U. C. Q. B. 454, and Bell y. McLean, 18U.C.C.P. 416,itWscon 
 tended that taxes imposed for a particular year should be taken n 1 1 
 only as imposed, but as due from Ist January. But the Courts rl 
 fused so to interpret this section. In Corbett v. Taylor, Draper C H 
 said : "We do not so interpret this section of the statute, but read it I 
 as intended (merely) to fix the fiscal year for all municipalities fori 
 the purposes of rates and taxes, and aa providing that, uo matter what I 
 part of a year a by-law imposing rates and taxes m y be passed the! 
 taxes shall be considered as imposed for the whole current mr I 
 The argument for the plaintiflf, if pushed home, amounts to this • 
 that on such a covenant, (against incumbrances) if entered into oni 
 2ntl January, the taxes for the current year would be in arrears e 
 *;hat day, if a tax or rate were imposed (at any time) within the year I 
 vnd in effect tlie covenant would be broken as soon as made, aUhougJ 
 when entered into no tax or rate had been imposed. " W ilson, J jj 
 Bell V, McLtaii, IS U. C. C. P. 416, daid, " In one sense the taxmayf 
 be said to be due when it is imposdd by the passage of a by-law foj 
 that ])urpose ; but it cannot be strictly said to be due until tha 
 collector has got bis roll; nor even then, for he cannot distrain oa 
 take any compulsory jjroceeding to enforce payment until he hai 
 called at least once on the [)arty taxed and demanded payment od 
 transmitted a statement by post demanding payment if the party I 
 not resident within the municipality," And again, "A person whJ 
 pays the taxes imposed on him for a particular year before the endol 
 that year pays the amount in advance. He pays it up to adal 
 which has not yet arrived. The time for its payment has gonehn 
 but the time tor its complete accrual has still to come," 76. 421 
 Chamberlain v. Turner, 31 U. C. 0. P. 460. 
 
 (p) It is in the power of the municipal council to say by thebvlaJ 
 from what time the tax or rate shall be taken to have been imposft 
 &c. If there be no direction in the by-law the tax will l)e coj 
 sidered as imposed and due from Ist January of the year in whid 
 the by-la,w ])asned. 
 
 v7) Before 1st January, 1867, in cities, towns and incorporate 
 villages yearly, and not actual values prevailed. By-laws of citiaj 
 
 >. 
 
»gg ] EXEMPTION OP MANUFACTURES, ETC. 
 
 h municipal corporation (having so issued debentures) shall 
 
 r j^ ygXe on the actual real value of the ratable property 
 
 I lin the municipality represented, sufficient to produce a 
 
 equal to that leviable or produced on the yearly value of 
 
 h property as established by the assessment roll for the 
 I 1866 ; (r) and such rates shall be applied solely to the 
 
 ment of such debentures, or interest on such debentures, 
 I ('oidin*'*^ the terms of the by-law under v/hich they were 
 lissned. (•") 
 
 (2) In cases where a sinking fund is required to be provided, 
 Ither ^y ''''^ investment of a specific rate or amount, or on a 
 J the increase in value over a certain sum, then such a 
 L"te shall be levied as shall at least equal the sum originally 
 iJlteiKled to be set apart, (t) 46 V. e. 18, s. 367. 
 
 366. Every municipal council shall, by a tv.o-thirds vote of 
 Jie members thereof (u) have the power of exempting any 
 mannfacturing establishment, (a) or any water-works or 
 irater company, in whole or in part, from taxation for any 
 
 Lffns ami incorporated villages creating debts were up to that date 
 Lessarily based on yearly values. Debentures were issued and 
 Lilts were acquired by the purchasers in the belief that such values 
 iioiilil. until the payment of the debentures, be maintained. The 
 fat of this section is to declare that suoh rights shall be maintained. 
 
 (,) It is necessary for the corporation, under this part of the 
 jctioii: first, to estimate what amount in vny year would lie pro- 
 Led (« tiie basis of a yearly value in 1366, and then to levy a rate 
 [actual value sufficient to produce a sum equal to that amount. 
 M The application otherwise would be a breach of trust, and 
 Ibject the council to be proceeded against V)y way of injunction. 
 'Wilkiev. Clinton, 18 Grant 557. 
 
 See note »' above. - 
 
 ) See note m to sec. 22. 
 
 ) A by-law exempting from taxation a manufacturing cstablish- 
 leiitand the land held by it, *' established for the purpose of carry- 
 ion the milling and grain merchant business," was 1 eld bad as 
 Jiling with two kinds of business, the first of which alone then; was 
 Iwer to exempt. The by-law was also held bad in exeniptijig all the 
 Id and not tiie mill only, as other buildings suitable for the grain 
 mm miifht be erected thereon. The efl'ect of the l)y-law was to 
 Kriminate against other large milling establishments in the nuinici- 
 Bity. and the by-law was on this ground also held bad. People's 
 
 Hmji'o. v. Mfdforil, 10 0. K. 405. A by-law limiting the assess- 
 knt (in proj)erty about to be used for manufacturing purposes to the 
 lueof the land without buildings is not valid under this section. Re 
 \w ami Petfrborontf/i , 10 O. R. 767. The section is not in terms 
 
 picted to new manufacturing establishments. It was held, under a 
 
 nteenabling municipal councils to exempt from taxation "mauu- 
 
 277 
 
 To be applipcl 
 solely to 
 such pur- 
 poses. 
 
 Rate for sink- 
 ing fund. 
 
 KxeniptiOD 
 of manufac- 
 toriea or 
 water works 
 from taxa- 
 tion. 
 
 ». 
 
 
 
 
 it 
 
 •!! i! 
 
 ,,^ 
 
 
 
Ift'if 
 
 te"' 
 
 278 
 
 ■j?ifl 
 
 THE MUNICIPAL MANUAL. Fg ggg 
 
 period not longer than ten years, and to renew this exen 
 tioii for a further period not exceeding ten years. (6) 47 y 
 c. 32, s. 8. As to granting aid by bonus to manu/actu 
 establishments^ see sec. 479 (10). 
 
 factures of woollens, cottons, glass,paper,&c.," that a by-law exeniTt 
 iiig new manufa'itures as against old manufactures in the same line f 
 business was void. In re Pirie ami Dnndas, 29 U. 0. Q. B. 401. Wil, 
 J . ,in delivering the j udgineut of the Court.said, ' 'I do not think it wou"] ! 
 be against the statute to provide that all cotton manufactures shouU 
 be exempt from taxation, becauses it places all persons of the sv < 
 line of business oji the same footing, without giving any advantL * I 
 ■or privileges to one or more of that trade over the others. * » • j 
 1 n nc case is A. of the cotton or any other particular trade to get th 1 
 benefit which B. of the same trade is not also to get. For this is 1 
 monopoly of the worst description, and it cannot be necessary eitli *l 
 for the proper stimulus of the trade, though it may stimulate A verr 
 wonderfully in that trade, but then only at the expense of B." M j 
 407 ; see further sec. 286 and notes thereto. An exemption cannol 
 be granted arbitrarily ; there must be a sufficient public benefit t 
 the tax-payers of the locality to sustain a by-law, and there mustli 
 a good and valid consideration to support the exemption which .shoul 
 be in some way connected with the business of the nianufactiirii 
 establishment. Re Scott and TUnoii/mrijh, 10 0. R. 119; 13 A, R 23 
 Where a municipality agreed with the owner to exempt two existi 
 manutacturing establishments in consideration of his paying a sum 
 $1,800 which the municipality had agreed to pay to a railway compani 
 and providing also the right of way upon the company biiildimr 
 switch into the town, it was held that there was not a proper null 
 consideration from T. and that the agreement was in effect a sale 
 an exemption, and a by-law passed by the municipality for the m 
 pose, l)ut not submitted to the ratepayers, was quashed, /i. j] 
 general rule is, that the burden of taxation should fall equally ai 
 for this reason statutes exempting particular persons or particnl 
 projR'rty from taxation are construed strictly. .See notes to sec, 
 the Assessment Act. The municipal council may impose reiisonal 
 comUtions to be complied with by those claitning exemption uui 
 this section. See Ju re Pirie and Diindxtx, 29 U. C. Q. B. 401. 
 hec. .?20 as to bonuses in aid of manufactures. 
 
 (b) The power is restricted in the first instance to an exemptioni 
 ten years, with a power to renew the exemption for a further peri 
 not exceeding ten years, — in all, twenty years. The power to real 
 is not given from time to time, but only once to be exercised. 
 NeiUoii v. Jan)iii,Vi U. C. C. I*. \Hh ^nA. Bank of Montrealx, uA 
 15 U. C. Vj. p. 107. It is a question whether the by law can] 
 repealed within the period of exemption mentioned therein, afterl 
 term.s have been accepted and acted upon by the persons in wh 
 favour it is passed. In other words, the question is wlietherl 
 law IS to be looked upon simply as a local law or ivs a contract.! 
 the former, it may be repealed ; if the latter it cannot be ruptaij 
 for one party to a contract cannot rescind it against the will aiii 
 the prejudice of the other. .See Enat Sdijiiinio JMtinufdctumiji.m 
 ^'Uy 0/ I'Jn-ft Sa(jinan\ 2 Am. Rep. 82, S. C, 19 xMich. •lilJ-A 
 
 & m I] A 
 
 367.'(1) If ( 
 
 Wevious year, or 
 
 ■jifliu the work, (c) 
 
 V on account oi 
 
 Lsfssment, it is f 
 
 mosed by the hj 
 
 Ming ftind and i 
 
 *r to raise such in.' 
 
 liiiei'piied time wli 
 
 fiacpssa hy-Jaw 
 
 itch hture years, 
 
 m tlie auioinit i-e 
 
 (:') No such hy-l 
 I (lie time the deb« 
 n%fmKl and in: 
 bteiitJOD of the orio 
 
 I ^ 
 
 [368. No by-Jaw p 
 ! ViiM unJesis, after 
 iiaiit-Govei'nor in Ct 
 sins' of such by-ia\ 
 IriUed in the nianne 
 y.C:l8,s. 370. i 
 
 Division VIU 
 
 fo^nd /low made 
 ^^ejm-aiion of ,niim 
 
 369. In case any cc 
 pro|)natio,j for tiie 
 'forsdcli year ' 
 fbj l»y-l!iw,' in the 
 I'estrictio.is foJIowi 
 Tiifi council inav d 
 
 N of th« debt, as 
 fose aforesaid ; 
 
 in vi 
 m 
 
 pV'W.Ioo. R:4og 
 
 Nar year from the 8:1 
 1 repealed by 4() V « 
 ""■eci lu 50 V. c. 29" « 
 
 '\ 
 
ANTICIPATORY APPROPRIATIONS. 
 
 279 
 
 ,3691.] 
 
 oc7.-.(l) If on account of a sum being on hand from a when the 
 vious year, or a sum being on hand which has been derived i.y'ft'^lia^^ 
 /* ii,pwork,(c) or from the investment of the sinking fund, way be 
 L nn account oi the increased value or projierty liable to 
 1 ssnient, it is found to be unnecessary to levy the full rate 
 Lnosecl by the by-law, in order to raise the instalment of the 
 fc kin'' f""^' ^^^^^ interest required to be raised for any year, 
 I to niisfi such instalments for any future years of the then 
 I pvpiied tinu? which the debentures have to run, the council 
 !i vprtss a by-law reducing the rate for such year or for any 
 [fli future years, so that no more money may be collected 
 to the lunouiit required. 50 V. c. 29, s. 16. 
 
 I')] No such by-law shall be passed unless, having regard 
 tiie time the debentures have to run, a proper proportion of 
 nkinf fund and interest has been levied, according to the 
 fctentfoD of the original by-law. 46 V. c. 18, s. 369 (2). 
 
 Qgg J^o by-law passed under the preceding section shall By-law to b» 
 .valid unless, after it is passed, it is approved by the Lieu- 5W'(>J^«^»^Jy 
 nmit-Governor in Council ; and the facts which authorize the Governor. 
 isiiK' of such by-law shall, on its submission for apj)roval, be 
 rilied in the manner provided by section 290 of this Act. 
 iV.c. 18, s. 370. 
 
 ' Division VIII. — Anticipatory Appropriations. 
 
 mn md how made. Sees. 369, 370. 
 \ii()mration of municipalities. Sec, 37 \. 
 
 369. In case any council desires to make an anticipatory 
 liro]iriiition for the next ensuing year in lieu of the special ^"p^ojf^"*?'^ 
 ;forsiicli year, in respect of any debt, the council may do »''»"'' ">ayb« 
 [bv Ity-liiw, in the manner and subject to the provisions 
 
 I restrictions following: 
 
 |, The council may carry to the credit of the sinking fund ^^.^ ^ . 
 punt of thtt debt, as much as mav be necessary for the nmy be soap- 
 pose aforesaid ; " ..ropriated. 
 
 i)/e« rel Cnntnnqhnm v. Uoper, 35 N. Y. 629 ; People's Milling Oo. 
 H'w-'/. 10 0. R. 405. 
 
 J R. S. 0. 1877, c. 174, s. .SaO [c) read " any sum derived for such 
 Icular year from tlie 8iir|)lus income of anij work." This Hectioii 
 [repealed by 46 V. o. 18, 8. 369, the wording of which was 
 m\ in 50 V. c. 29, s. 16. /- 
 
 t m 
 
 f^ 
 
 I'A 
 
 l\\ 
 
lit <''^* 
 
 
 i 
 
 iMLii 
 
 280 
 
 The sources 
 and Rpplica 
 tion to bo 
 stated. 
 
 When 
 moneys re- 
 tained suffi- 
 cient, the 
 yearly rate 
 uiay be sus- 
 pciidud for 
 the ensuing 
 year. 
 
 THE MUNICIPAL MANUAL. [g. 3gg , . 
 
 (a) Of any money at the credit of the special rate ac il 
 
 of the cle>)t bej'ond the interest on such debt f °+k 
 year following that in whi„h the anticipatory an 
 priation is made ; (d) ''P'* 
 
 (b) And of any money raised for the purpcse afor J 
 
 by addii/ional rate or otherwise ; "'" 
 
 (c) And of any money derived from any teraporarv 
 
 vestment of the sinking fund ; (e) 
 
 (d) And of any surplus money derived from any co> 
 
 ation work or any share or interest therein • ( /i 
 
 (e) And of any unappropriated money in the treasury • / j 
 
 Such moneys respectively not having been otherwise 
 propriated ; 
 
 2. The by-law making the appropriations shall distinfrnigi 
 the several sources of the amount, and the portions tlur 
 to be respectively a)»plied for the interest and for the sinkin 
 fund appropriation of the debt for such next ensuing year 
 
 3. In case the moneys so retained at the ciedit of th 
 special rate account, and so appropriated to the sinking fun 
 account from all or any of the sources above mentioueil m 
 sufficient to meet the sinking fund ap])ropriation and intero 
 for the next ensuing year, the council may then pass a 
 law diiecting that the original late for such next 
 year be not levied. (/) 46 V. c. 18, s. 371. 
 
 {(I) Here it is cleru- that a year's interest in advance is to 
 retained, as directed by seo. 373. 
 
 (e) The investincnt authorized by sec. 376. 
 
 (/) See sec. 367 and note thereto. 
 
 (.'/) The right of a municipal council to take moneys already appi 
 pi iated, and apply them to purposes different from the origj 
 appropriation, is very questionable. Though snnietiiiios done,] 
 ouglit never to be encouraged. In tlie case of appropriations to t 
 sinking fund account of a debt, it cannot be legally done, S 
 Edaihurf/h Life. Ans. Co. v. St Catharines, 10 Grant 3"9; /;ij 
 narbiii- and Ottawa, 39 U. C. Q. IJ. 406. 
 
 (h) The sources to be one or other of the foregoing. 
 
 (?■) When tlie surplus, though not equal to the product of 
 entire rate for a year, is considerable, a by-law may be passed fori 
 l)roportionable ri'durtiou of the rate, sec. 367 ; but when the surpj 
 is sufficient to meet the sinking fund appropriation and interest fof 
 year, a by-law may be passe<l to the effect that for that year I 
 original rate he not levied. 
 
 ensiiij 
 
 The amount, i 
 
i^rMi. 
 
 
 ANTICIPATORY APPROPRIATIONS, 
 
 281 
 
 Hy-law must 
 recite. 
 
 The original 
 dnbt and 
 object ; 
 
 The amount 
 paid ; 
 
 Tho annual 
 aniouiit for 
 linking fund; 
 
 The amount 
 for finking 
 fund in 
 hand ; 
 
 I »70— (1) The by-law shall not be valid unless it recites — (t) 
 
 , V Ti,e original amount of the debt, and in brief and 
 ' general terras, the object for which the debt was 
 created; (J) • 
 
 .n rfjje amount, if any, ah'eady paid of the debt ; 
 
 ( \ The annual amount of the sinking fund appropriation 
 required in respect of such debt; 
 
 ,n i;i,e total amount, then on hand, of the sinking fund 
 appropriations, in respect to the debt, distinguish- 
 ing the amount thereof in cash in the treasury from 
 the amount temporarily invested ; 
 
 /.\ The amount required to meet the interest of the debt '^^'^ fmount 
 
 ei "«"*'" i. /-i i.1 1 • i! 1 i- • required for 
 
 ' for the year next after the makmg ot such antici- iDterest : 
 patoiy a}>propriation ; (k) and 
 
 1/ A That the council has retained at the credit of the And that it 
 special rate account of the debt, a sum sutScient to ele.^**"* ' 
 meet the next year's interest (naming the amount 
 of it), and that the council has carried to the credit 
 of the sinking fund account a sum sufficient to 
 meet tlie sinking fund appropriation (naming the 
 amount of it) for such year ; 
 
 !(:') No such by-law shall be valid unless approved by the 
 Uenant-Governor in Council. 46 V. c. 18, s. 372. 
 
 I371. A.fter the dissolution of any municipal union, the 
 municipality may make an anticipatory ap[)ropriation 
 [the relief of the junior municipality, in respeco of any 
 It secured by the by-law, in the same manner as the 
 tor raunicipality might do on its own behalf. {I) 46 V. c. 
 Is. 373. 
 
 By-law to be 
 approved by 
 Lieutenant- 
 Governor. 
 
 Anticipatory 
 appropria- 
 tion on 8cpar- 
 tion of umni- 
 cipalitieif. 
 
 ) This section bears the same relation to sec. 369 that sec. 368 
 jto sec. 3(57. The one is for the reduction of the special rate 
 [other for tiie cessation of it for the year. 
 
 I See sec. 340, sub-s. 6, and notes thereto. 
 
 [See sec. 367. 
 
 I. \n anticipatory a})propriation in relief may, it is apprehended, 
 itber one in reduction of the special rate for a given year (sec. 
 jorior the cessation of the rate for that year. Sec. 369. 
 
 36 
 
282 
 
 THE MUNICIPAL MANUAL. 
 
 TITLE III. -RESPECTING FINANCE. 
 
 Div. I. — Accounts and Invksi-mknts. 
 
 Div. II. — Commission of Inquikv into Financbs. 
 
 [«-372. 
 
 1. "' ! i 
 
 1^ I 'ill ' 
 
 I'wo special 
 accounts to 
 be kept: (I) 
 of the xpecial 
 ratrfg ; (2) of 
 the sinking 
 fund or in- 
 8CHlmeiits of 
 principal. 
 
 Division I. — Accounts and Investments. 
 
 Accounts for Special Rate and Sinking Fund. Sec. 379 
 Surplus on Special Kate, Application of. Sees. .'}7,'5 374 
 Surplus on Special Rate^ IiiCiHraent of. Sec. 375. 
 General Surplus, App icntiun of. Sees. 376-379. 
 Memlh rs of Corporations not to be partie^i to Investmnt 
 
 Liahdiiif for Loss. Sec. 380. 
 Yearly Returns to Government. Sees. ?81, 382. 
 
 372. The council of every imaiicipal corporation .li 
 keo|> ill its books two separate acconiits, one for the soft 
 rate, and one for the siukiii^ i'wvi, or for instaliacntj i 
 principal of ever^ ^ebt, to be both distinguished tiouj 
 o^her accounts in the books by some preHx desi<rniitiiici 
 pur[)ose for which tlie debt was contracted, (a) und sli 
 keep the said accounts, witli any others that are necessj 
 
 SHI 
 
 (a) Two accouuta are mentioned ; the special rate account and 
 Jnking fund or instalments account. Tlie amount of all rates! 
 lected iind received by the treasurer will appear in the first andf 
 it will be transferred to the second all such sums as foiii'iMr 
 of the sinking fund or instalments fund account. The first orsM 
 rate account will constitute the interest account as well as) 
 general account, and rhe sums required for interest will \k reti ' 
 therein until disbursed, and then be charged thereto. Thei 
 transferred on account of princi})al to the second or sinkingfuJ 
 instalments account, will of course be also charged ui;iiiust tha 
 account, and when transferred be credited to the second or siS 
 fund or instalments accoiuit, The object of keeping the aco 
 as directed, anil any other necessary accounts, is to exhibit 
 tiniefi the state of erery debt r iid ';he amount of moneys 1 
 obtained and aj,propr.:ited for payment thercol. In one ca 
 Chaucidlor of Ui)per Canada said, *'I think 1 ought nrttodisji| 
 thi« case without observing upon the utter disregard of the proij 
 of the statute disclosed in the evidence on the part of those o 
 of f'e municipality v'lose duty it is to see to the keepind 
 accounts. The separate accounts, so pointedly required hyJ 
 of the Act (same section as here annotated), soeni not to lian 
 kept, but special rates, sinking fiuid -account, .vnd rates ami 
 ments for general purposes, appear to have been mixed up ti| 
 The directions of the statute are so explicit that it !/w m'h 
 than most '■iif/xihlc iMjlect of duty wt to follow tl.iin." '" 
 Clinton, 18 Grant 500. 
 
 ,J74.J APPLU 
 
 I JO as to exhibit 
 [jDJOiiiit oi mane 
 [Bent thereof. 
 
 m- If, after 
 
 ftiitig the necessa 
 
 rujwj'inent of an 
 
 Ijm; there is a 
 
 mint of diicii d 
 
 Ima}' be applied, ii 
 
 jiiit if such surpJu, 
 
 iterest, tieexcesj 
 
 tflff/'uiul account, < 
 
 pV.c. 18, s. 375. 
 
 m. The Lieute 
 
 •ed that such p< 
 
 fevied, and at tJie cj 
 
 k special i-ate ac 
 
 brescetl as iiereinaf; 
 
 Bt'ie same accrues 
 
 bucJj value as the 
 
 hnch debtor of anl 
 
 [iDstitiitiiig such del 
 
 phk (e) to he sell 
 
 ¥a surpJus beyond] 
 %We property, as the 
 dwjnal-zed assessmen 
 «■>", siib-s. (j, ^c). 
 
 Iirro.ision is niadj 
 
 pSeesec. 375f^,^y, 
 riie object of the s, 
 
 ?•" &ul'.a,:i, Tleo 
 
 g-'-jnnterestandace 
 large botii p i, 
 
 ., .'ei'ayabJebv;. 
 elation to the cre.i: 
 'V-^re payable at tb 
 
 , J property Ht the S 
 ]^i reviscl or revisl? 
 
 ^2^««^«".pJu.s to tl 
 
 «"'gtiiesa.ne.p,ov.i,- 
 
APPLICATION OP SURPLUS ON SPECIAL RATE. 
 
 283 
 
 I ,,374.] 
 
 I as to exhibit at all times the state of every debt, and the 
 I milt it moneys raised, obtained and appropriated for pay- 
 pDt thereof. 46 V. c. 18, 8. 374. 
 
 373. If) "'^*®^' P^y"'8 *'^® interest of a debt and appi opri- When sur- 
 ^tiiig the necessary sum to the sinking fund of such debt, or app'Cto** 
 . ,„,vment of any instalment of princii)al, for any financial "«* y*»''» ^ 
 ojv there i^ a surplus at the credit oi the special rate to iinking 
 J„it of such debt, (b) such surplus shall so remain, an<l '""*• 
 [may 1)6 applied, if necessary, towards the next year's interest; 
 kilt if such surplus exceeds the amount of the next year's 
 nterest, the excess shall be carried to the credit of the sink- 
 ulmiJ account, or in payment of principal of such debt, (c) 
 fjYc. 18, s. 376. 
 
 374 The Lieutenant-Governor in Council may, by order, Anpiication 
 liiect that such part of the produce of the special rate with°co*ifMnt 
 iivipfl and at the credit of the sinking fund accouni or of ^ ^^o»^-- 
 
 BVieu, »"" . 1 . . 1 ,, , . Governor In 
 
 L special rate account as atoiesaid, instead of being K^oCoundl. 
 Ivesced as hereinafter provided, (d) shall, from time to time, 
 Btlie sameacciups, be applied to th<^ payment or redemption, 
 ksucli value as the said council caii agree for, or of any part 
 I such debtor of any of the debentures representing or 
 Lstitutiug such debt, or any part of it, though not then 
 livable, (e) to be selected as provided in such order, and the 
 
 A surphis beyond the interest may arise from the increase of 
 able property, as the rate is based Oil the last revised or revised 
 1 equalized assessment roll at the time of the passing of the by-law. 
 
 e3:ii, sub-s. (), (c). 
 
 Trovision is made by sec. 375 for the investment of the 
 
 iS. 
 
 I See sec. 375 et teq. 
 
 ) Tlie object of the apecipl rate, is to pay off the debt and interest 
 Ihorized by the by law in accordance with the terms of the by-law, 
 ', ?!" sub-s. 3. Tl e ordiiiary mode is by annually raising a certain 
 liioriuteresi and a certain sum for sinking fund or installment, so 
 
 discharge butu principal and interest when payable. If the * 
 
 Icipal be payal)le by unnual instalments, there v;ill not 00 such an 
 Emulation to the cretii^ of the sinking fund as if the principal 
 ley were payable at the expiration of a fixed period of time. Ste 
 |;';2. The iuiiiuiil iate in either case is based on the value of the 
 Ikle property at the time of the passing of the by-law accorduig to 
 Ibst revised or revised and equalized assessment roll. Sec. 340, 
 .6(c). There may be therefore an accumulation of money in 
 latureof surplus to the credit ot the fund in advance of what is 
 lired to pay tlie iuuiu.d obligation under the by-law. Instead of 
 Viug the same, provision is by this section made for the appli« 
 
 
S84 
 
 THE MUNICIPAL MUNUAL. 
 
 [8.;i7iH}/Cfi)-J APPUC 
 
 ,i^:-i 
 
 Investment 
 of surplus 
 moneys 
 raisfd on 
 spcclul ratei. 
 
 8inkingfuiid 
 may f)i' ust'il 
 ill purohas- 
 iiiK unsold 
 di'benliires. 
 
 municipal council shall thereupon apply and contjiui 
 apply such ])art of Mie produce of tlie special rate Ht 
 credit of the sinking fund or special rate accounts, as dire t, 
 by such order. 4G V. c. 18, s. 37G. '' '^ 
 
 375.— (I) If any part of the produce of the special rid 
 levied in respect of any debt, and at the credit oftliesink 
 fund account, or of the special rate account thereof <■ 
 be innnediately applied towards paying the debt by iWsoa 
 no i)art thereof being yet payable, (/) the council shall m 
 time to time, invest the same in governnieut securities mJ 
 cipal debentures, or in first mortgages on real estate held i 
 used for farming jnn-poses, and being the first lieii on 
 real estate, or in local improvement debentures of the 
 cipality, or in such otlun- nuuiner as the Lieutenant-Govft. 
 in Council may by general oi- special order direct, or iJ 
 other debentures of the municipality which may l)e apnn 
 of by the Lieutenant-Governor in Council by such on 
 and from time to time, as such securities mattire, may ja 
 in other like securities ; no sum so invested in mort 
 shall (exceed two-thirds of thd vttlue of the real estate on i 
 it is secured according to che last revised and corrected i 
 nuint roll at the time it is invested. 
 
 (2) The council of such municipality may reooilato 
 law, the manner in which such investments shall bt; mi 
 
 (3) It shall not be necessary that any local iinpiovd 
 or other debentures of tl.'^ municipality referred to 
 section shall have been dispo!-ed of by the council 
 council may apply the sinking fund to an aniounii] 
 to the amount of such debentures for the purp 
 which the proceeds of such debentures may be iJ 
 ap[)licable, and shall hold the debentures jis an inv( 
 on account of the sinking fund, and deal with tKl 
 accordingly. 47 V. c. 32, s. 9. 
 
 cation of the money '' to the payment or redemption, at sfl 
 a.-i the council can agree for," of any part of tln^ debt, tli| 
 payable This can only be done by order of the Lieiiteiia 
 nour in Council. It is intended that the order shall be a ( 
 one, for it is declared that the council shall t'aereupon 
 continue to apply " the same, as directed by che order. Hi 
 the Legislature that the possession of an unproductive su 
 clement of .abuse, and provision is made by this and the^ 
 sections for the investment or other disposal of it. 
 
 (/) See note e to sec. 374. 
 
 |j76. Any council 
 
 ifvs in the hands 
 
 to any other j 
 
 j account oi any < 
 
 Ifouncil lutty inves 
 
 |jeeiirities nanied U 
 
 Hug section. 4g 
 
 7. Every such coi 
 \ijdeht the sur/jJug 
 ption work, or frc 
 Bi^ (lie annu/ij exp( 
 Iff in the treasury, , 
 
 li^);nndanymonei 
 Iflwlit of the sinking 
 |iiijt;iluiejit accruing 
 
 l-(0 A municipa] 
 Ifrom the "The Oi 
 lolier source, (^) ,„ 
 liicaticuai jnirposes 
 [jotlier moneys held 
 
 It lawfully appropr 
 (securities of the D, 
 ^Diortjrjages on real < 
 .'s.and being the H 
 
 [nerateforthepaymon* 
 l-rd,.g to the exiS^' 
 
 (revised or re visp,!,. 
 
 m But by thrsi:;; 
 
 * of the moneys spe,^ 
 
 note e to sec. 374 
 
 "riginaj of this sectionl 
 
 ntioD to the LTnner Po 1 
 
 1^' J' Vic. c. 30^;::. ^2?f 
 
 a township council 
 ' f^nrfs for schools ?n 
 
 Jre tie money has been 
 
 «Wr making d5a»/t 
 
 f;™o"/ of the Statu!*' 
 
 ■flpSSBWlHWii^.'- 
 

 <m -^-^--^'OXO.OKXKHXLSUHP.Us. 
 
 285 
 
 P' .^"f 7"°7J •"fty direct, by bv-]aur H . ' 
 
 L. m the hands of the treasurer and „' . ** *"^ ^"''PJ"^ 'r-"»«nt 
 Ll to any other purpose, ^haTb^^ 
 
 Lmcount of any debenture debt of f K 'P *'^^ ^'n^inff 
 
 Und may .nve.t such Hinkfng fund Vr^^'^i^^^^'^^' ««2 
 tseciinties nan.ed in. and accordinir f^f . """"^ '" «ny of 
 ding section. 46 V. c. TsT 37 1 ^''°^^^°»« o^> the 
 
 pm^u ^-u.iv or rrom any share n.~,-.r ""•>' P"""c or 
 Ltlie annual expenses thereof '/"*"'"«* *''«*•«"». after 
 Lpn the treasury, or any nion'ev ,.""^,"^PP'''P"ated ' 
 
 li anc lanynjoney «oapp"oSe5Tn ^ '^^^^^'«»"i 
 Iml. ot the smking fund of thrde^ "•^'^ ^"''"^^^ to 
 Instalment accruing due. (i) 46 v . Sf "^ l^ya^ent of 
 .^1) Am,,,- • , ^^ " ''•c. 18, a 379 
 
 Ml) A mur • • " ' • ^- -lo, s. 379. 
 
 [ed'fmni ti^e^'^SonSMtlc^^^^ '"•'P^"^ "moneys Certain 
 Jtersource, (k) may, by bfja7lS ^'^l^^^^^'^^rfrom^^^^^ 
 MioiiaJ purnosPQ //\{^ f . "^' ^^^ such surnino o..„J.^''«t«P«rt 
 
 h"™"' '""•''r^- (0 an/inJ^w the?'' '":''''" ai«rt'»a"r 
 
 liolher moneys held !,„ ....i. '. '"» same r»«) »« w„m "omi i.ur. 
 
 jotkr moneys held bv suoh !» • • ^*"^® (»^0 as well "°"*' i' 
 
 -t ^-:^»"y aiW>rS:tedto educT^ ^P^-tirn ^r "^"^• 
 fcsecuntiesof the Boniinion 'nn,n?-'T^ Purposes, inir'"""™' 
 Diortparjes on real .«.„. u'/^^^^^^'Pal debentn..^.' ' °""""«- 
 
 bounties of the Bonnnion\TuT-'T^ P"'*P°«es, i„ 
 
 ^n.ort,aps on real estat^ h;! " Z?'^ febentures or 
 
 ,a.Hl being the first lien ' :/"i"'''^^^ ^«^' farming. 
 
 I —7 ~— ~— ___ "^^ '•^"^ estate, and 
 
 llierate for the payment nf , j i i. '~~~ — — — — — __ 
 
 lenote e to sec. 374, 
 
 Sto^;V&f «»■«.> the Act „, ,868 ,. . 
 
 pta'S'KK !r'«\"-« "-e interest ari • 
 
 ^i»rf Ap/«*^om,«, 39 u_ c. Q. S 353 ° '^"*'^ *^« by-law. 
 Jire the money has been invesfp^ ' " 
 

 286 
 
 THE MUNICIPAL MANUAL. 
 
 Mil 
 
 m 
 
 
 
 
 '1:1 
 
 
 ' 111 
 
 liii'fi 
 
 ii'i'. 
 
 ["■378(1)1 
 
 from time to timo, as such securities mature, may inveat 
 other liko securities, or iu the securities already author' III 
 by Inw, as may be directed by such by-law or by other hf 
 liiws pasHed for that pui-pose. ' ^"i 
 
 ProTlio aito (2) No suin so invested shall exceed two-thirds of the val 
 iDTfotmant. ^^j ^.j^^ j.^^^j ^^^^^^^ q,^ which it is secured, according to the I "3 
 ri'vised and corrected assessment roll, at the time it ig an I 
 vested, (n) 46 V. c. 18, s. 380. '""• 
 
 379. Any municipal corporation having surplua monp 
 set apart for educational purposes, may, by by-luw, invest i 
 same in a loan or loans to any board of school trusts 
 within the limits of the municipality, for such tera 
 or terniH, and at such rate or rates of interest as niav 
 agreed upon by and between the parties to such lonn or foam 
 respectively, and may be set forth in such by-law; (o)orDiai 
 by by-law grant any portion of such moneys or other genen 
 funds by way of gift to aid poor school sections within tli 
 n)unicipality. (p) 46 V. c. 18, s. 381. 
 
 Louii to 
 
 Mhool 
 
 truiteei. 
 
 Aid to poor 
 
 ■chool 
 
 Motions. 
 
 (m) This is directed against posaible abuses, and intended toiecDj 
 safety of investment. The direction that the sum invested ia not f 
 exceed two-tliirds of the value of the real estate on which it iasecnn 
 according to the last revised and corrected Assessment Koll at tl 
 time the money is invested, is deserving of careful attention, jy 
 cipal councillors are trustees for the ratepayers, and if theydisrei 
 the safeguard of this section, they are made responsible. See sec ! 
 
 (o) It should be noted that the first part of this section only a 
 to a corporation "having surplus moneys set opart for educatfoi 
 
 Eurposes. " The first part is a copy of section 275 of the Actof Ij 
 «fore section 275 of the Act of 1866, which was taken fromicL 
 of Stat. 27 Vict. cap. 17, each township had power to grant tol 
 trustees of any school section, on their application, authority to J 
 row any sums of money necessary for specified purposes in resMcd 
 school sites, school houses, and their appendages, or for the J 
 pose or erection of a teacher's residence ; and in that event wmJ 
 (|uired to cause to be levied iu each year upon the taxable pron 
 in the section a sufficient sum for the payment of the interest onl 
 sum so borrowed, and a sum sufficient to pay oflf the principal will 
 ten years. Con. Stat. U. C. c. 64, s. 35. By the present sect 
 the municipal corporation may itself lend money to the school t 
 tees within the limits of the municipality, "for such term or t«( 
 and at such rate or rates of interest as may be agreed upon, 4c., j 
 set forth in such by-law." See Inre Doherty and Toronlo,%\ 
 Q. B. 409. 
 
 (p) The latter part is not, like the first part of the section, restriJ 
 to moneys set apart for educational purposes. The grant majli 
 such last mentioned moneys, "or other general funds, by way of I 
 to aid poor school sections within the municipality." 1 
 
 s. m] 
 
 AXl 
 
 380, No men 
 
 ipiirt ill ov \n a 
 jiiicli moneys iis a 
 [of tiie corporatioi 
 ■is (lutiiorized hy i 
 Lult' and j)i'ovid 
 IjipM p'rsonallv lif 
 ((ion, (r) 4C V. ( 
 
 381. The tiens 
 ^uiii of money has 
 jrf/itcd Municipal 
 Inch Slim, or of th 
 (iinioipality, trniii 
 iffoiH the 1 5th daj 
 lerti/ied on the onti 
 ie Peace, containii 
 jiiinicijmlity accord 
 (tnif account of al 
 slity, for every pui 
 jirtlicr information 
 |iil/ilitie.s and rcsoui 
 bvernor in Oounci 
 ||ioiialty, in cn.se of 
 lonunt, informatior 
 litli c(>,st,s as a debt ^ 
 
 [382, Kvery counc 
 niiiiry in each yt 
 
 The members of 
 Iniii they represent, 
 Vint; and lending of 
 io trustees for the \mh 
 blit out of the trust i\ 
 [tlio Legislature. Se 
 
 IViistees exceeding 
 fere loss is the result a 
 lamountof theloss. 
 W V, HastintjK, 30 Ch. 
 
 , r», 70. ^ 
 
 ) ,s'ee note (j to sec. 
 
 In any action for t 
 |irme by any one wi 
 » ought to have beei 
 Hie part of the Crown 
 ^nsmitted is to rest 
 
 See note g sec. 248. 
 
i2.] 
 
 ANNUAL RETURNS TO GOVERNMENT. 
 
 ^0 member of a nmniciptil corporation Hhall take 
 I in ov i" '^"y ^"^y ^ * party to the investment of 
 I [, moneys iis are mentioned in this Act, by or on behalf 
 I", .||g corpoi'rttion of which he is a member, otherwise than 
 l! utliorizcd by tliis Act, or by any other law in that behalf 
 I , |i> and piovitU'd, (q) and such person so doing shall be 
 ^11 ncrHoniillv liable for any loss sustained by the corpora- 
 lE'V) 4GV.C. 18,s.382. 
 
 381. The treftsuror of any municipality for which any 
 III of money has been raised on the credit of the Oonsol- 
 
 Ltt'ii Municipal TiOan Fund, shall so long as any part of 
 licli sum, or oi the interest thereon, remains unpaid by the 
 ' j^,ipality, transmit to the Treasurer of Ontario, on or 
 LfoiHtho 15th (lay of January in every year, (s) a return, 
 frtitiod on the oath of the treasurer V)eforo some Justice of 
 ie Peace, containing the amount of taxable ])roperty in the 
 iiniiici|)ality according to the then last assensment roll or rolls; 
 I true account of all the debts and liabilities of the munici- 
 aliti, for every jmrpose, for the then last year; and such 
 liitlicr information and particulars with regard to the 
 nljlitios and resources of the rannicipality as the Lieutenant 
 oviiiiof in Council may from time to time require, under 
 [miialty, in case of neglect or refusal to transmit the return, 
 Lmiiit, information or particulars, of !$iOO, to be recovered 
 (ith costs lis a debt due to the Crown, (t) 46V. c. 18,8. 383. 
 
 382. Every council shall, on or before the 31st day of 
 iiiiiry in each year, (u) ""dci a peuJ^y of 820 in case 
 
 287 
 
 No inembert 
 of corpora. 
 tloii to l)« 
 p»rty to 
 invHNtinont. 
 
 MnMllty fbr 
 
 luM. 
 
 Miinlc'IpBll. 
 tlen liid)ilit<>ii 
 to Municlpnl 
 Lonii Fuud 
 toiiiRk. 4n- 
 niml retu.rtiH 
 to ProvincUl 
 TroMur«r. 
 
 Poimlty for 
 
 dcfHUlt, 
 
 Kvory coun- 
 cil tn make a 
 yi'hrly report 
 
 \{n) The membera of the municipal council are agents for the people 
 Viii they represent, with a linntcd authority in regard to the bor- 
 mi and lending of money, as well as other matters. They are 
 ) tmstees for the people, and, bein^ so, are not allowed to make a 
 ^litoiit of the trust fund, or deal with it otherwise than as directed 
 {the Legislature. See sec. 431 and notes thereto. 
 ■r) Trustees exceeding their powers as to the mode of investment 
 lere loss is the result are very commonly made personally liable for 
 Lnount of the loss. See /Vy v. Tapsori, 28 Ch. D. "68 ; Sviet- 
 ]tt V. llasthujn, 30 Ch. D. 490 : In re Olive, Olivt v. Westei-man, 34 
 , P. 70. 
 I See note g to sec. 248. 
 
 hi any action for the recovery of such a penalty, it is suflScient 
 |irnve by any one witness or other evidence, that such return, 
 , ought to have been transmitted by the defendant as alleged 
 he part of the Crown ; and the onus c " proving that the same was 
 ansmitted is to rest upon the defendant. Rev. Stat. o. 20,8. 15. 
 I See note g sec. 248. 
 
288 
 
 THE MUNICIPAL MANUAL. 
 
 [8. 382. 
 
 ofthfcor- of default, to be paid to the Treasurer of Ontario, (v) tra 
 dbbts to the uiit to the Lieutenant-Governor through the Pro\in ^\ 
 
 bed 
 
 What cuoh 
 report murt 
 show. 
 
 nir'^eto?'**' Secretary, an account, in such form as may be presciil 
 from time to time by the Lieutonant-Govornor in Cou i 
 of the several debts of the corporation, as they stoofl - 
 the 3l3t day of December preceding, (w) specif yin 
 regard to every debt of which a balance remained du 
 that day : 
 
 1. The original amount of the debt ; 
 
 2. The date when it was contracted ; 
 
 3. The days fixed for its payment ; 
 
 4. The interest to be paid therefor; 
 
 5. The rate provided for the redemption of the debt 
 interest ; 
 
 6. The proceeds of such rate for the yea" ending on sud 
 31st day of December ; 
 
 7. The portion (if any) of the debt redeemed or 
 during such year j 
 
 8. The amount of interest (if any) unpaid on such 
 mentioned day; and 
 
 9. The balance still due of the principal of the debt 
 V. c. 18, s. 384. 
 
 
 Division II. — Commission of Inqdiry into Finances. 
 
 When granted. Sec. 383. 
 Expenses of. Sec. 384. 
 
 When a com- 383- In case one-third of the members of any councii 
 mi88ioa of thirty duly qualified electors of the municipality,' (a) pet 
 
 .88Ue. 
 
 ! 
 
 m 
 
 (v) See note t to sec. 381. 
 
 (?o) The design of this section is yearly to inform the Exe(J 
 Government of the financial condition of each municipality. 
 
 (a) The power conferred is one of inquiry, and may be of] 
 advantage to municipalities, by enabling the commissioners to eB_ 
 the attendance of witnesses and compel them to give evidence, a 
 Richards, J., In re. Eldon and Feiymon, 6 U. C. L, J. 209. 
 a public inquiry conducted under a public Act of Parlianieiit, 
 says nothing about compensation to witnesses, and it would see 
 persons called before the commissioners are not entitled to con 
 
 , S8i] C0M3SU 
 
 for a com mission 
 
 I the linanciaJ afiai 
 
 [ tierewith, and if 
 
 governor in Coun 
 
 (tie commissioner 
 
 I of them as the coi 
 
 Isanie power to sun 
 
 land compel them t< 
 
 jjsanj Court has i 
 
 i The expens 
 
 [mission siiaJI be det 
 
 alio, and shall 
 
 (ommissioner o.* con 
 
 (payable within tl 
 
 f the commissioner 
 
 hi office of the tret 
 
 |& 386. 
 
 I for expenses or loi 
 ecution for a misdeir 
 IV, Horseman, 16 H 
 ucial matters are au; 
 foret! that the councillo 
 jouable information, i 
 I, and contrived and i 
 (Corporation, by incre, 
 itioD, and throw upon i 
 Icliarged and proved tl 
 Ltriranee and intention 
 ltliecorporati.;n, an acti( 
 |itof the corporation foi 
 man, '^ U. G. Q. g 
 
 D that tJie clerk abseil 
 losion with the «Iefen( 
 I tie Commission, which 
 "1), ffere increased to 
 .«»a8 not excessivt 
 % m tils section to 
 wyJue them. Per P;, 
 
 kiim. It would 
 
 torn should deprive tha 
 
 ■nipeftlyand economical 
 
 ^^ payment of the am, 
 
 illtispresmued tJiat witi 
 
 ipeexpenses to be defrr, 
 lioiaijkmd 18 provided 
 
, 381] COMMISSION OP EWIRF INTO FINANCES. 
 
 for a commission to issue under the Grp*. f c i 
 tie financial affairs of the corporatSrand A*°^"^«^'''«into 
 tierewitb, and if sufficient cause is "hewn Ji"^? .connected 
 Gorernorm Council may issue a commissTnn' ^'eutenant- 
 ,te commissioner or the commissione^.ror «nT'^'''^'^' *«d 
 of them as the commission empowers f« 1 ^^, ''"^ ^^ n^ore 
 pe power to summon witnesses, enforo/.l' '^*" ^«^« the 
 
 289 
 
 or uici" «" "'^ ^"uiujission empowers f« I, " °^ ^lore 
 same power to summon witnesses, enforc/fl' '^*" ^*^« *he 
 ,„d compel them to produce documents and t''' "**"^^^«°e, 
 ^a«7 Court has m civil cases, (b) 46 v i o^'""® evidence, 
 ™ ^ ^ ^ ''• ^'^ 18, s. 385. 
 
 I 384. The expenses to be allowed fn 
 
 hmn shall be determined and certified TT'l^ ^^^ *'°»^- ^•^'«'°'«« o, 
 
 lOntario, and shall thenceforth h^ -^ *"® Treasurer nf "".'"'' "^"i. 
 
 Lwonero:-commissionert\^^^^^^^^^ - debt due to the ' - 
 Uyable within three months aftei ^^''''f '?"' «"d shall 
 t,he commissioner, or by any ofe of tlTo"^ '^'■'''''^ "^«de 
 
 i^^ the ti^asurer of L coi^rrtir ^fe?^ 
 
 g for expenses or loss of tim ' — ~— — — — ^ 
 
 watioaforamisdemeaaour. /yR"]r« than in thl^^^TTr 
 v^\: Horseman, 16 IT C n i> ^C-^^'^'^oson, C .T /« r- ?^ « 
 
 ilmtters are authorize;! ^•^^^- ^"q""' «« "inii "f^'^^" 
 Ll tl>at the councillors whoi Y .'""• '^^T- Jf it be a?ll !) *^*" 
 Lable information malToin /'"'^ ^t is to give allL. ^^"^ *"'' 
 Mnd contrived and Sn^f^r ''^"^Pired towi7hZT-''F^'''^ 
 ,«,rporation. by increlsini f^ *° ^*"«« e^Pense a, l ,1 '"^°'''"«- 
 pio». and throw iipoTthTfori^ ""V^' "^'"l expense* 1 Ir'*^^ *" 
 Lrged and proved that tK'if *^°" f ">^ «««*« (sec Lj) "^^ " 
 Lvance and inte.tfon, mi L^SSftr' '"^ , P"r«»««ce 0^31):' 
 ■the corporation, an action mav hi • themselves to thn ,Jn '' 
 |of the corporation for r^^f ^ ma'^tained acainst lu ''?*«^' 
 
 Lthat the clerk absentSV *"'', '" «»ch an action tk'"'?''^ v- 
 ton with the &11ttr.:&' ^«Pt b-kthetoTks^r 
 
 Lwaanotexcel^\^^f'^^y-W 
 
 IJl J. 209. It wou?dt • *'•' ^'* '•« S'« » n, «"'«« for 
 fc^should depSve their''*''^"*We toS iX^^ 
 
 fcand eco';,^micJl^^"S*'>" "^^'^^ '^^J t t^m^^^^^^^ 
 F^P.-t Of the amoSdjI S^J^^S^i ^^^ 
 pit IS presumed that witnPH«, • 
 
 biitni. KSee note 
 IneeipeDses to bn z/../^. • , 
 
 '*"» SB 
 
 ' f r'.-ll f J I;^ 
 
 f ! J--^ »... 
 
 Iil'%!«^ 
 
290 
 
 THE MUNICIPAL MANUAL. 
 
 Title IV.— Arbitrations. 
 
 Div. I. — Appointment of Arbitrators. 
 Div. II. — Pkooeduke. 
 
 [s. 385, 
 
 »m' 
 
 Division I. Appointment of Arbitrators. 
 
 How appointed. Sees. 385-389, 394. 
 
 Failure of parties to appoint. Sees. 389, 390. 
 
 Respecting real property taken by Corporations Se''<> 
 
 391, 392. 
 Several interest.^ in the .same property. Sees. 393, 394 
 Award, when to be made. Sec. 395. 
 Persons disqualified from acting as Arbitrtitors. Sec. 39fi 
 Compensatio)i for lands taken or injured. See Sees. 483-488 
 
 
 ^ppo'nt- 385. The aj>pointment of all arbitrators shall be in writinc 
 
 made. under the handsof the a])pointers, (a) or in case of acoinora' 
 
 tion, under the corporate seal, and authenticated in like 
 manner as a by-law. (h) 46 V. c. 18, s. 387. 
 
 may be certified. When certified, the amount of it b lomes a debi 
 due by the municipality to the commissioner or commissionerj^ 
 iniyabie " //'jVAm three months after demand, &o." The commissioni 
 er.s are entitled to recover the money by action after the amount hai 
 been determined, certified, and demanded. The plaintifif in sucha 
 action is not obliged to prove the regularity of the issue of the con 
 mission. Brittow v. Cormvall, 36 U. C. Q. B. 225. 
 
 la) Decided cases shew the great practical difficulty which eithJ 
 l)arty may often have in obtaining possession of the appointment ( 
 Ids opponent's arbitrator when he wishes to make the submission i 
 rule 01 (-'ourt, and the delay, expense and inconvenience to wliicj 
 this difficulty may subject him. A method, it is suggested, niayl 
 found to remedy this difficulty. If each party took the precautia 
 ivt the time of the reference, of requesting the other party to mal 
 the appointment of his arbitrator in duplicate, and if they miitua 
 agree to furnish each other with one of the duplicate parts, and 1 
 a mere copy, there seems no reason why, on producing the appoij 
 ment of his own arbitrator and the duplicate original of his oppd 
 ent's arbitrator, and properly verifying both of them, the submisj| 
 might not be made a rule of Court. Hussell on Awards, 560. 
 
 (h) There should, in strictness, be a bydaw authorizing 
 apponitment, or the aflfixing of the seal to the appointment or a| 
 law delegating the appointment to the head of the council. See( 
 386. But the municipal council may so act as to be es'toppei' I 
 taking formal objections to the mode of appointment. See ' 
 Eldoii and Fergwon, 6 U. C. L. J. 207 ; and Wilson and Port , 
 10 U. C. Q. B, 405. The appointment, when properly authorij 
 
APPOINTMENT OF ARBITRATORS. 
 
 291 
 
 AR V 'or corpora- 
 ^" * • tion. 
 
 Either party 
 may appoint 
 an arbitrator 
 and itive 
 notice to op- 
 posite party. 
 
 , 389.] 
 
 nog The arbitrators on behalf of a municipal corporation F"'^"^''*"', 
 , f be appointed by the council thereof, or by the head may appoint 
 tlereof if authorized by a by-law of the council, (c) '" 
 
 c.'l8,s.388. 
 
 387. I" cases where arbitration is directed by this Act, 
 ther party may appoint an arbitrator, and give notice there- 
 f in writing to the other party, calling upon such party 
 
 appoint' an arbitrator on behalf of the [)arty to whom 
 such notice is given, (d) A notice to a corporation shall be 
 men to the head of the corporation. 46 V. c. 18, s. 389. 
 
 388- The two arbitrators appointed by or for the parties 
 ghftll within seven days from the appointment of the lastly 
 Lamed of tlie two arbitrators (/ ) appoint in writing a thii-d 
 Arbitrator, (y) 46 V. c. 18, s. 390. 
 
 389. In cases where more than two municipalities are in- when more 
 Itwested, each of them shall appoint an arbit'-ator, and in such „idpaiitie8" 
 Lse it there is an equality of arbitrators, the arbitrators so «"to«"e«ted. 
 
 Third arbi- 
 trator to be 
 Hppointed. 
 
 j(l not only be under the seal of the corporation, but be signed 
 ktiie '"''*d of t;h6 corporation and by the clerk of the corporation. 
 l<tchis the mode of authenticating a by-law. See sec. 288. 
 
 If) As a rule, an arbitrator, to represent a municipal council, 
 liuit be appointed by that council ; the exception is when the 
 jicil, by by-law, deputes that power to the head of the council. 
 (preceding note. 
 
 ((J) The notice must be in writing. It should state the object of 
 Hj arbitration, name the arbitrator appointed by the party giving 
 B notice, and call upon the other party to name his arbitrator. It 
 Wd be express and absolute. Where B. had given notice to a 
 lilf ay company that " it was his intention." to appoint M. as arbi 
 htor, and if they failed for fourteen days to appoint one, he would 
 bpoiut him to act for botli parties, and M. diil so act, the Court 
 Vmedto enforce the reward. Bradley v. London and North Westei'u 
 tir.Co., 5Ex. 769. 
 
 I/) As to computation of time, see note b to sec. 185. 
 
 I It la a common error to look upon a t/iird arbitrator as an 
 
 mire. The difference between a third arbitrator and an umpire is. 
 
 t the former is appointed before the arbitration proceeds, and the 
 
 tet after the arbitrators have entered upon the the reference and 
 
 [.imable to agree. There are other dibtinctions unnecessary to be 
 
 Btloued here. A by-law to close up and grant to a 9ompany a 
 
 ition of a street which provided for arbitration by the Mayor and 
 
 |tTO persons, one appointed by the company and one by the appli- 
 
 i was held invalid. lie Laplante and Peterborouyh, 5 O. R. 634. 
 
292 
 
 Pi'oviflion ill 
 c-asc of 
 neglect to 
 appoint. 
 
 f 
 
 mm 'I''l0' 
 
 iff hi; 
 
 'v- T is 
 
 ^■^':h 
 
 
 3s ijti-ll 
 
 THE MUNICIPAL MANUAL. Fg 3gg 
 
 appointed shall appoint another arbitrator, (/t) or in default 
 at the expiration of tv.enty-one days after such arbitrator' 
 have been appointed, the Lieutenant-Governor in Council 
 may, on the application of any one of the municipalities in 
 terested, appoint such arbitrator. 46 V. c. 18, s. 391. 
 
 390. In case of an arbitration between municipal corpora 
 tions, if for twenty-one days, or in case the arbitration i 
 respecting drainage works, then, if for twenty days afte 
 having received such notice, the party notified omits to 
 appoint an arbitrator; (i) or if for seven days after the 
 second arbitrator has been appointed, the two arbitrators 
 omit to appoint a third arbitrator, then, in case the arbitra- 
 tion is between townships or between a township and a town 
 or an incorporated village, the Judge of the County Court of 
 the county within which the townships, town or incorporated 
 village are or any of them is situate, or \n case the arbitration 
 is between other municipalities, the Lieutenant-Governor 
 in Council may appoint an arbitrator for the party or arbitra- 
 tors in default, or a third arbitrator, as the case may requirp 
 46 V. c. 18, s. 392. * ' 
 
 (/t) This section contemplatea the diflBculty arising from the arbi- 
 trators disagreeing where each represents a particular municipalih- 
 and there is an equality of arbitrators. In such a case there ouirht to 
 be no difficulty. But arbitrators sometimes, instead of appreciatine I 
 their position and acting as impartial judges of the matters iu dispuk I 
 act as advocates, if not as partizans for the party appointing them. 
 No decision would generally be the result if there were no provision 
 for the appointment of an additional arbitrator. The additiom! 
 arbitrator, under this section, is to be appointed by the arbitraton 
 first appointed. If they, from any cause, fail to do so, the Lieutenant- 
 Governor may, on a proper application, appoint such additional ar- 
 bitrator. Although no direction is given as to the mode of appoint. 
 ment in either case, it would be well that it should be made it 
 writing. 
 
 (i) It is the duty of each party to appomt one arbitrator, ami give 
 notice thereof in writing to the other party. It is the duty of tiie 
 two arbitrators so appointed, in seven days after the appointmentof 
 the second arbitrator, to appoint a third arbitrator. Default maybe 
 made in either particular, and provision is here made therefor. Ifi 
 the arbitration is between townships, or between u township amji 
 town, or incorporated village, the Judge of the county in which tie 
 townships, town, or incorporated village are or any of them is situate; 
 may appoint the second or third arbitrator, as the case may required 
 but if the arbitration is between other municipalities, suv^h as countidj 
 or a county and a city or town, or a city and town, the appointmi 
 must be made by the Lieutenant-Governor in Council. The appoiii 
 ment ought, though not so directed, to be iu writing. See notii 
 sec. 387. 
 
 s. 392.] 
 
 AR 
 
 391. In c 
 
 poration and 
 
 interested in 
 
 the corporati 
 
 injuriously al 
 
 by-Jaw, any p. 
 
 gives due not! 
 
 of an arbitrate 
 
 peison is entitj 
 
 ized by by-law, 
 
 arbitrator, and 
 
 shall express cJ 
 
 . intends to exeri 
 
 I it. (n) 46 V. c, 
 
 392. In sue 
 
 ! vice on the own 
 [the pro{)erty of 
 I copy under the J 
 for occupier or pf 
 [to name an arbit 
 
 (/) See sec. 483. 
 
 (k) A difference i 
 icipal corporations a 
 md individuals. J 
 Irbitrator, and give! 
 Fhen he does so, til 
 ftyljy-lttw, within si 
 TCside3, to give not! 
 pnst be clearly eJ 
 ftcrcise with respecl 
 Mdamus to the 
 «tor, see /ferj. v. 
 
 (/) See note c to se 
 («) As to comput4 
 l(«) See notes to seJ 
 m The first step if 
 I cause to be served] 
 J, the land to be affj 
 f he a true copy, „J 
 N initiative as to arl 
 )» his duty, withj 
 Nrator and give no 
 ribed hy the last clai 
 
 57' ''"'"g it, theiH 
 |thehrstarbitrat(f 
 '^ " done the owJ 
 
ARBITRATION RESPECTING REAL PROPERTY. 
 
 293 
 
 s. 392.] 
 flQl In case of an arbitration between a municipal cor- ArbHration 
 
 i)J»A' , , • £• J.1 Bs 10 real 
 
 ration and the owners or occupiers or, or other persons property 
 interested in real property entered upon, taken or used by l'^fZi\y 
 the corporation in the exercise of any of its ))owers, or municipai 
 injuriously affected thereby, (j) if, after the passing of the ''"'p*'""""" 
 Iv-law, any person interested in the property appoints and 
 ves due notice to the head of the council of his appointment 
 f an arbitrator to determine the compensation to which such 
 nei«on is entitled, (A;) the head of the council shall, if author- 
 zed by by-law, (I) within seven days (m) appoint a second 
 arbitrator, and give notice thereof to the other party, and 
 shall express clearly in the notice what powers the council 
 intends to exei'cise with respect, to the property, describing 
 it („) 46 V. c. 18, s. 393. 
 
 392- I" s^'^^ ^^^^ mentioned arbitration, if after ser- proTision 
 vice on the owner or occupier of, or person so interested in, °*"°*'?' 
 the i)ro')erty of a copy of a by-law, certified to be a true fails to nam*; 
 copy under the hand of the clerk of the council, the owner "'*'*"*°'' 
 J or occupier or person so interested omits for twenty-one days 
 I to name an arbitrator, and give notice thereof as aforesaid (o), 
 
 
 (j) See sec. 483. 
 
 (4) A difference is to be observed as to arbitration between nuini- 
 
 [cipal corporations and arbitrations between a municipal corporation 
 
 Iwd iiulividuals. In tiie latter case tlie individual appoints his 
 
 lirbitrator, and gives due notice thereof to the head of the council. 
 
 When he does so, the head of the council is required, if authorized 
 
 Iby by-law, within seven days, to appoint a second arbitrator, and, 
 
 Vsides, to give notice thereof to the individual ; in which notice 
 
 mist be clearly expressed "what powers the council intends to 
 
 sercise with respect to the property, describing it. " For J'onn of 
 
 audaraus to the head of a nuniicipal council to appoint an arbi- 
 
 ator, see /?<>(/. v. Perth, 14 U. C. Q. B. 156. 
 
 See note c to sec. 386. 
 
 i) As to computation of time, see note h to sec. 185. 
 
 (ii) See notes to sec. 483. 
 
 [(o) The first step is to be taken by the council, who are required 
 
 ) cause to be served on the owner or occupier of, or person interested 
 
 I, the land to be affected a copy of the by-law affecting it, certified 
 
 Ibeatrue copy, under the hand of the clerk of the council. Then 
 
 le initiative as to arbitration is to be taken by *.he owner so served. 
 
 I is his duty, within twenty-one days after service, to name an 
 
 bitrator and give notice thereof to the coimcil in the manner pre- 
 
 ribed by the last clause. If he allow the twenty-one days to expire 
 
 Kthout doing it, then the council may take the initiative by appoint- 
 
 ;the first arbitrator, and giving notice of his app«)intment. If 
 
 is done the owner of the land is required, witliiu seven days 
 
294 
 
 mi 
 
 \lr 
 
 mwMm 
 
 Where 
 sttTeral par- 
 ties have 
 distinct in- 
 terests in tli« 
 same pro- 
 perty. 
 
 County 
 court Judge 
 to appoint 
 arbitrator in 
 certain cases. 
 
 THE MUNICIPAL MANUAL. Tg oqn 
 
 the council or the head, if authorized by by-law, («\ j, 
 name an arbitrator on behalf of the council, and give not" ^ 
 thereof to the owner, occupier or person so interested a ! 
 the latter shall, within seven days thereafter, nam'e 
 arbitrator on his behalf. 46 V. c. 18, s. 394. ^ 
 
 393- In case there are several persons having distinct i 
 terests in proj)erty in respect of which the corporatioii " 
 desirous of exercising the powers leferred to in section 391 
 under a by-law in that behalf passed, whether such perso 
 are all interested in the same piece of i)roperty, or some 
 one in a part thereof, and some or one in another pai-t thp 
 of, and in case the by-law or any subsequent by-law providai 
 that the claims of all should, in the opinion of the coiincil L 
 disposed of by one award {q) such persons shall have twentv 
 ono (instead of seven) days to agree upon and give notice f 
 nn arbitrator jointly appointed in their behalf (r) before tli 
 County Court Judge shall have power to name an arbitrate 
 for them. 46 V. c. 18, s. 395. "" 
 
 394- If such owner, occupier or person so interested I 
 the head of such cotmcil, whether from want of author 
 it}' in that behalf, or otherwise, («) omits to name an arbitra. 
 tor within seven days after receiving notice to do so (<)ori/j 
 the persons having distinct interests as aforesaid (u) oniitiol 
 name an arbitrator within twenty-one days after receiviijfl 
 notice to do so, or if the two arbitrators do not within seveif 
 days from the appointment of the lastly named of the tTol 
 arbitrator agree on a third arbitrator, or if any of the M 
 trators refuse or neglect to act. (u) the Judge of the Countrl 
 
 thereafter, to name the second arbitrator, 
 time, see noto h to sec. 185. 
 
 As to computatioBj 
 
 {p) See note c to sec. 386. 
 
 {<]) Where several persons are interested (as in the opening oiJ 
 new i'^'ad, &c. ), there may be an arbitration under this Act astoei 
 person interested, or, in the option of the council, an arbitration^ 
 to all, ami the claims of all be determined by one award. laij 
 latter case, instead of seven days only allowed by sec. 394, Um 
 one days are given. 
 
 (/•) See note d to sec. .387. 
 
 (.s) See note c to sec. .38(). 
 
 (t) As to c(>m])utation of time, see note b to sec. 185. 
 
 («) See sec. 3U3. 
 
 (i') *'^H// of the arbitrators. " This may be taken to refer tti 
 
 s. 396 I] 
 
 Court of t 
 
 the appJicat 
 
 tor (w) a fit 
 
 cipaJity in v 
 
 for the ]mrt 
 
 or in tie ste 
 
 and snch art 
 
 term ine the i 
 
 395. In an 
 
 trators sljall j 
 appointment c 
 
 396.~(1) jv 
 nient, o{ any c 
 any arbitration 
 
 ^.^ I'lKif Torouto 
 Jtrator has made 
 
 ^r^vanls make any, 
 [fr) An arbitrator shi 
 
|4 •.>•'• fl* 
 
 392. 
 
 may 
 kotice 
 I, and 
 ue au 
 
 >\ct in- 
 .tlou is 
 ion 391 
 peiDons 
 ssome ot 
 rt there- 
 provides 
 luncii, be 
 a twenty- 
 notice oi 
 )ef ore the 
 arbitrator I 
 
 omputatioii 
 
 openinijtiiil 
 lActastoei 
 
 arbitration^ 
 Iward. btl 
 394, t«a;|l 
 
 to relet «l 
 
 396 1.1 DISQUALIFICATION OP ARBITRATORS. 295 
 
 Court of the county in which the property is situated, on 
 the api)licfttion of either party, ah ill nominate as an arbitra- 
 t r Ma fi*i person resident without the limits of the muni- 
 
 ? ality in which the property in question is situated to act 
 f r the i)arty failing to appoint, or as stich third arbitrator, 
 or in the stead of the arbitrator refusing or neglecting to act, 
 
 nd such arbitrators shall forthwith proceed to hear and de- 
 termine the matters referred to them. 46 V. c. 18, s. 396. 
 
 395. In any of ohe cases herein provided for, (a) the arbi- 
 trators shall make their award within one month after the J^2uo^^ 
 appointment of the third arbitrator, (ij) 40 V. c. 18, s. 397. award. 
 
 QQg n) No mernbdr, officer or person in the employ- 
 ment, of any corporation which in concerned or interested in p^^^.^i,. 
 »nv arbitration, (z) nor any person so interested, shall be ap- qualified 
 
 ""* from aellDgr 
 
 .— — Hg arbitra- 
 
 refusal or neglect of iUiy arbitrator mentioned in any of the preced- tor*. 
 • jectious, from section .385, to act, for in none of them is there 
 aiiv such provision made for the neglect or refusal of an arbitrator 
 to act The throe arbitrators must continue to act from the time of 
 their appointment until the awrard has been made. In re Smith v. 
 Corporation of Plympton, 12 O. R. 35. 
 
 iw) Though not so directed, it would be convenient that the nomi- 
 I nation should be in writing. 
 
 (i) See sec. 385 et wq. ■ < -^ 
 
 (V) It has been hold that the Court has power to enlarge the time 
 ifor making an award although the same has not been made "within 
 ne month after the appoiiitment of the third arbitrator," as requireil 
 r tins section. In re Cilif of Toronto and Scott, 8 F. R. 318. Seo 
 uso Towwihip of Thurlow v. Township of Sidney, 29 Orant 497 ; 
 te ilu'fhoha and Oravenhurst, 6 O. R. 35". But see In re Smith 
 i Corporation of Plynpton, 12 O. R. 35, where it is said by 
 iineron, C. J.: " The current of Knglish authority is I think against 
 hevaliditv of an award niadj after the time fixed by statute. If the 
 atutory limit is exceeded then there is no limit, and the matter 
 ouKl be pending before the arbitrators as long as they refrained 
 em making any award. This certainly would not be what was con- 
 nplated by the [.egialature." A by-law providing that the award 
 j8 to be matie within one month of the passing of the by-law instead 
 one month from the appointment of the third arbitrator was held 
 ralid. Re Laplante and Fcterhorouifli, 5 O. R. ()34. The general 
 Bctments reliting to arbitration apply to awards under this Act. 
 \re Cih/ of Toronto and Scott, 8 P. 11. 318. From the tim« the 
 bitrator has made the award his unthority ceases. He cannot 
 erwards make any correcticm or alteration, even of manifest errors. 
 m//f V. EImn, 8 East. 54 ; Ward v. Dean, 3 B. & Ad. 234 ; lie Hall 
 [Himls, 2 M. & G. 847; Brooke v. Mitchell, 6 M. & \V. 473. 
 
 |(t) All arbitrator should be impartial. If corrupt conduct on the 
 
 
296 
 
 
 Uc , . Stat, 
 c. 36. 
 
 THE MUNICIPAL MANUAL. [g, 39- /., ^^ 
 
 l)ointed or act as an arbitrator in any case of arbit f ^H 
 
 under this Act. 46 V. c. 18, s. 398. ™"°'' ^ scribe the foil 
 
 (2) Nothing in this section contained shall prevent fl, 
 appointment of or disqualily as an arbitrator any person K 
 i-eason merely that such person is a ratepayer of or wifi,''^ 
 any municiinlity concerned or interested in tlie arbitrat' " 
 unless the arbit tion '" itei to drainage unde? the '"' 
 
 '[(.;. /y.)(iosv 
 
 jmattflra refei'red to 
 J make iu tlio pro7M 
 [knon'le(I,!,'e. tio he) 
 
 sions 01 !hi, A<^i 
 c 39, 8. 9. 
 
 'J,^'\-io Drdnage m :t. (a) 
 
 povi. 
 48 V 
 
 1 U^^ffil" '* 
 
 i^^H 
 
 11 
 
 11 
 
 
 
 11 
 
 w 
 
 
 II 
 
 i 
 
 J 11 
 
 m 
 
 1 
 
 I ; ,.-Jt\t*.IM^M 
 
 ■■ 
 
 HIes 
 
 t ' 1 
 
 Division II. — Vaocedurk. 
 
 Oath 0/ Arbitrator. Sec. 397. 
 
 Time of meeting. Sec. 398. 
 
 Form 0/ Award. ^S'eo.'*. 398, 404. 
 
 Registration of Atvard. Sec. 398. 
 
 Costs. 'Sec. 399. 
 
 Majority to decide. Sec. 400. 
 
 Evidence. Sfc 401. 
 
 Atvard, when adoption by By-law required. Sec. 402. 
 
 Aicard, power 0/ Courts to review after adopfioti. Sec, Ml 
 
 Award, how made, and jurisdiction 0/ Courts. Sec. 404 
 
 Arbitrators 397- Every arbitrator, before proceedin<5 to try the niatten 
 
 )e8woni. f,f ^}^y arbitration, shall take and subscribe the foil owinwoata 
 
 (a) (or in case gf those who by law affirm, take and sab 
 
 I)art of an arbitrator be shown, his award will be set aside S 
 Tifteiinon v. Peat, 3 Atk. 529 ; Earfi- v. Sfovker, 2 Vern. 251 ; Biiit 
 V. Knlyht, lb. 514 ; Morgan v. Mathfr, 2 Ves. 15 ; Emmj v. ]\\ 
 5 Ves. 846 ; Lonsdale v. Litthdak, 2 Ves. 451 ; (Jhirke, v.'Stochii 
 Hing. N. C. 651. Hut mere suspicion of misconduct is not enoiigl 
 Crossley v. Cfay, 5 C. B. 581 ; see also Anon, 2 Vern. 100; Goodin 
 V. layers, 2 J. & W. 249. In order that there should not be ev 
 suspicion as to municipal awards, it is here declared that " no mei 
 ber, officer, or person in the employment of any Corporation whii 
 is concerned or interested in any arbitration, nor any person so ii 
 terested shall be appointed or act as an arbitrator." See In reE% 
 and South Devon U. W. Co. 2 De G. & Sm. 17. 
 
 (a) This subsection was passed in consequence of the decision i 
 In re Muskoka ami Qravenhurst, 6 O. R. 352. 
 
 (a) The oath is not only to be taken by erery arbitrator, but to I 
 taken ^^ before proceedinrj to try the matter 0/ t/ie arbitration." Theoal 
 besides, is not only to be taken but subscribed. When taken 
 subscribed, it is to be filed with the papers of the reference. 
 
 398. The iirhi 
 
 |tiipap|)ointiiient c 
 jtlier may agree up 
 dispute, (d) with j 
 fekllni;iJce their aw 
 spectin^ diviinagt 
 pnall |)ni'ti(>s, and 
 ;ot'e,'ich of the 
 
 IJ) "Iftlietimefori 
 jinipentive, it is di 
 Bie|ir<ifL'c'iIiiig, must j; 
 JinciL limvL'VLT, to thi] 
 jiliniilil liL' regarded ai 
 ieetiii;,' Hithiii 20 days 
 lontli invalid. " Pfj- C 
 Lipi'Mi, \'2 0. R. 35. 
 
 Kl, 
 
 l(fl There is no eypres 
 leputies notice of til 
 knl ; liiit this is e.s.sc| 
 jere Ills been a formal if 
 id knowledge of the id 
 
 (i producing evidence. 
 |l3o. 
 
 , ) An arbitrator is in | 
 l,tliejndi,'cof lawas , 
 523: Voiiiiij V. Walfeim 
 I; CmiMli V. Twemhl 
 r Hull V. Fergmon, 4 1 
 blnctant to set aside t| 
 Iface of it. Hoqqe y 
 k.fC. H. N. .S." 189 
 I mile.ss empowered tol 
 I tn the arbitrator for 
 ^■, Ltltfi V. Wallbi-i. 
 pis, inquiry may be hi 
 
 ) In all cases the awari 
 I very pi^nper pro vis 'ol 
 I sulficient, Ifnmor. I 
 
 ^•^\nm,-A;Oatesv\ 
 ffs. i'J2, 240. 
 
 38 
 
PROCRDUBE IN ARBITRATIONS. 
 
 8,398.1 
 he the following Hrmation) before any Justice of the 
 
 i Peace: 
 
 297 
 
 111 i />.) <lo swear ('■ aflSrm) that i will "jU and truly try the Form of oath 
 I tters'referred to me !•; the on 'ies, and a true and impartit' award tf„*"""*' 
 
 lknoffle''KC- 
 
 So help n. • God." 
 
 tU V. 0. 18, 8. 399. 
 
 ngg Tlie arbitrators shall, within twenty days (b) after Time of 
 I appointment of the third arbitrator, meet at such place as «>eoting, etc. 
 , .,,n,iy ji"i"ee upon, (c) to hear aud determine the matter in 
 
 ite, (d) with power to adjourn from t. 
 Ul m'lke their award in writing, (e) and, if t 
 
 e to time, and 
 tiio arbitration is 
 """(iiiiTflniinage works, in tri[)licate, which shall be binding 
 ^11 i);irtios, and one copy thereof shall bo tiled with the 
 I, l oj' p,ieli of the municipalities interested, and one shall. 
 
 "If tlie time for making the award under s. .395 must be regarded 
 iientive, it is dithcult to say that the time for commencing 
 "" ,.i' oilii'L'' must not also be regarded as imperative. I iin» in- 
 ' ',{ hinvuvur, to think as it is purely a matter of formal procedure 
 Tiiiiu ^'"■' regarded as directory ; and the omission to hold the first 
 * till Mvitl>i» '■^0 'W^ would not made an award made within the 
 '*thmvivliil." Pf>' Cameron, C. J., In re Smith and Corporation of 
 i" ihiii 1'2 0. R. 35. As to computation of time, see note h to sec. 
 
 J, 
 
 ll 1 Tliere is no express direction that the arbitrators shall give to 
 .pjities notice of their meetings and an opportunity of being 
 U • Imt tliis is essential, at least to this extent, that whether 
 uiiis been a formal notice or not, it should appear that the parties 
 ikunwletlg" of the meetings and an opportunity of being heard 
 inrmlucing evidence. In re Johnston and Ofoucester, 12 U. C. Q. 
 
 1135. 
 
 An arbitrator is in general, whether of the legal profession or 
 [the i<iili!e of law as well as fact, see Jiipp v. Ormjxon, 1 C. M. & 
 |5'23; Younq v. Walter, 9 Ves. 3(54 ; Perriman v, Steyijalf, 9 Bing. 
 
 V Cfi"i|'''e'/ V. Twemlow, 1 Price 81 ; Wihon v. K'lmj, 2 0. & M. 
 
 V Hull V. Feraunon, 4 O. S. 392, and this being so, the Court will 
 lehctant to set aside the award unless for mistake a])parent on 
 
 lijce of it. Ho'ige v. Burgess, 3 H. & N. 293 ; llodijkbison v. 
 ^i<,SC. 15. N. S! 189 ; lia(}ueffy v. Borthwitb, 4 L. T. N. S. 245, 
 L unless empowered to set it aside, will not in general remit it 
 k to the arbitrator for reconsideration. Hoifne v. thmjets, 3 H. & 
 S3; Lulta v. Wallhi'idije, 7 U. 0. L. J. 207. But as to certain 
 
 b, iiuiuiry may be had as to the merits. See sec. 404. 
 
 I In all eases the award is to 1)3 in writing. If it were not for 
 [very prnper provis'on, an award by word of mouth might be 
 isutticient. HanMrt, v. Leveredge, C'srthew 256; Riiwling v. 
 d.lhrnes, 'A ; Oates v. Bromil, 1 ^alk. V5 ; Blinidell v. Brettargh 
 
 .'232,240. 
 
 38 
 
 :if^ 
 
29y 
 
 
 
 -7; - 
 
 
 €oaU. 
 
 Majority to 
 <lecide. 
 
 THE MUNICIPAL MANUAL. r^ jjqj. 
 
 in case the arbitration is respecting dniiuage works as uf 
 said, be tiled with the registrar for the rt'gistry divjsioi • 
 which the lands afl'ected are situate. {/) 40 V. c. 18 » ml! 
 
 399. The arbitrators shall have power to award the m ■ 
 ment by any of the parties to the other of tlio coHts ot tl 
 arbitration, or of any portion thei-tiof, (</) and may eiti 
 direct the payment of a fixed sum, (/«) or tliut tiie cosr 
 should be taxed on either the scale of the High Comr 
 of the County Courts, in which case the costs slnilj be tax I 
 by the officer in the county of the proper Couit, witlioit 
 any further order, (i) and the amount hIihII bo payable 01 
 week after taxation, (j) Kevision by the principal officer 
 at Toronto may be had u|)on one week's notice und an aiiiii-l 
 to a Judge in the usual manner. 46 V. c. 18, s. 401. 
 
 400. I" case of a difference between the arbitrators tie I 
 decision of the majority of them shall be conclusive. (I'l 4(j y 
 c. 18, s. 402. 
 
 (/) The original in all probability, would be receivcl as evnlemd 
 on its mere production, and if so, a copy nuiy lie rtctived witliontl 
 proof of the original. See [Varren v. DtnUppexy 3M U. C. (,». B. -,1) I 
 
 (;/) Power is given to the arbitrators to award as to costs • 1) •■ 
 they are under no obligation to do ho. See Mackintosh v. A/i//Vi| 
 Wng. '269 ; Yonuff v. Oye, 10 Moore 198. Before tliis euactuimi tlitrel 
 was no power to award as to costs. In re Northumberlund und hi 
 ham and Cohounj, 20 U. C. Q. B. 28.3. 
 
 (//) The Court will not review the discretion as to amount wlitti 
 an arbitrator liaving power to fix thp amount of costs has ixeicist 
 the power, unless the amount fixed be so excessive us to maniiej, 
 partiality. Ation. 1 Chit. 38; Shephard v. Brand, Cases TeJ 
 Hard. 53 ; Turner v. lio»v, 1 Ld. Kenyon, 393. 
 
 (/) All that the arbitrator has to do, instead of fixing the arjioiiij 
 of costs, is to say, " 1 award costs to" (naming the party), accurdia 
 to the scale of costs of the High Court, or of tiie ( 'ouuty Court, ,« 
 stating whether he intends his award to apply lo all the costs, indJ 
 ing the award as well as the reference. In such case the costs n% 
 be taxed by the officer of the proper Court without an ordei of a 
 kind. 
 
 (j) If the costs be either fixed in the award or be declared Biibjij 
 to taxation the amount, when ascertained, may be enforced in 1 
 same maimer as any other portion of the awarci. 
 
 (/) In the case of an award by several individuals, all shol 
 execute at the same time and in the presence of each other, m 
 Templenian and Herd, 9 J)owl. 965 ; Wade v. Dowliw/, 4 K. iB,( 
 /felpa V. Jtoblin, (i U. C. C. P. 52 ; Martin v. A'')v/((», 2 P.j 
 370, and full opportunity should be given to the luiiiority off 
 arbitrators, if so disposed, to join in the award. Jb, 
 
 If/') A municipal corpo 
 li-oulvirains, Ac. an. 
 IfM, ,yi„ch powrers 
 
 fe Ml reference the.'et 
 P/lj^vmthinsixwe 
 ^'s also made depend 
 
 10 
 
402.J 
 
 ADOPTION OF AWARDS. 
 
 299 
 
 401. Ill case of an aM'ard under tl * A 
 
 quire adoption hy the council, or In °*' "^'""^ floeanot Notoeofthe 
 
 w/iich a muuiciiial cnriir>..o<..-^^ .-. " cano or an awoi.,j ""''enceau- 
 
 require adoption by the cou"rcir''oI"J„^°*' "^'"'^^ doeanot Notoeofth, 
 to wmch a muuicipal corporation is a partrTn."!' ?'• r""'"^ "'-^""2.' 
 bo made in pursuance of a sub.uiHsinn ^V "^"^ ^'''*'^' »« to t-"*''" and 
 me.t that this section of this Ac should ?.n 7"^*''. "" ««''««- K£,.T 
 th« arbitrator or arbitrators shall tak,? i -^^''^ *''«'«<^<'r (n) 
 tl:e njHking of the avvard, shaJJ «M """"f '^^'^'^^ ^*^^ 
 council, for the in8j)ection of all nartipu • . ^^®''^ ^f the . 
 
 , of the oral evidence given on the referen -l nT'?' *"^' "°*«« 
 meuUivy evidence or a co|,y thereof -i- "'"^ "" «'»cu- 
 ceed partly on a view or aav W n,^«/i "j" "' °'^^® ^^^^y Dro- i^'W^^tori. 
 by themselves or any of the/n^ ttysh^t T ^^^" i'OsLsVedF&n 
 « statement thereof sufficiently fYll f" n'° ^"<^ "^ anting fe:;::''^^' 
 form a judgment of the ^oiglft w ;.. ""P^"^ *^« C»o«rfc tff,"""'"*'? 
 thereto. (.) 46 V. c. 18, s 403. ''^"'^^ ^« attached wX"" 
 
 402. fn case the award relates t 
 u,.o,, takauor used as mentioned i.^seSnl^^ ^^enieved^^urator^ 
 the by-lnvv did not authorize or profess^! ! .f^-' ''"^ "^ «^se Sr&l" 
 or use t. bo made of the proper vSn "'''^^'^"''^ any entry Sr*"' " 
 n,a,le, except for the purpose of s^^Pvey J"' "^"'•'' ^'"« been »ra. 
 M ofivfl or profess to give such nnthnX. , ^'^'^'^ <^''« ^y-Iaw !{' " ™«««n 
 M that such authority had rot *^' ^''^ *''« «rbitnttZ ""• 
 
 >h:.llaot be binding oVthe 0011'^ ^''« ^^a d 
 
 bj by-la;v .ifhin six weeks afTh!"? V-^'"' '' ^' ^^^-Pted 
 ^a^l^same is not so ^L^rt^^^^^ -i;^ 
 
 («) (V.'il'ili may Im i„ t|„s f,,^,,, ."17777","" , 
 
 101 »f rv Jto;f,>„; ^rt ,1^11 ■«■" hereby agrewl that^^^ 
 """"'"8 »!'« P«i.ee atoreaS" ""^ ""■»■■'' "'Je to'Sg 
 
 ;v?:.rsrLttTeXf?rv'°-"' '»^"'- ^y .h„ ,.„ 
 
 W<[^ 
 
m$i 
 
 300 
 
 THE MUNICIPAL MANUAL. 
 
 [«. 402. 
 
 shall be deemocl to be rei)ealed, and the property shall stiind 
 as if no such by-law had been made, and the corporation shull 
 pay the costs of the arbitration. 46 V. c. 18, h. 404. 
 
 MuTuti 403.— (1) An award not binding upon the council until 
 
 MTiew adoption, as mentioned in the last preceding section, 'mil jf 
 
 adopted by adopted, be subject co the jurisdiction of the Court, anj to 
 
 oounoiii.ete, review on the merits, at the instance of the person whose 
 
 property is affected or taken, in the same manner an in pro. 
 
 vided by the next following section of this Act, in respect of 
 
 any award not requiring adoption, and the provisions of nee- 
 
 tions 401 and 404 shall hereafter extend to every such award 
 
 (2) The award may be moved against within one month 
 (excluding vacations) next after the adoption thereof. 4' 
 
 Award to (hi 
 niadx by at 
 l«aat two 
 •rbitratorD, 
 and lutjpct 
 to Jurisdic- 
 tion of High 
 Court. 
 
 V. c. 32, s. 10 (1-2). 
 
 404. Every award made under this Act shall be in writii)!; 
 under the hands of all or two of the arbitrators, and sliaO 
 be subject to the jurisdiction of the High Court, as if made 
 on a submission by a bond containing an agreement for mak- 
 ing the submission a rule or order of such Court ; (;•) and in 
 the cases provided for by section 401, the Court shall con. 
 
 The award is not to be binding on the corporation iuiIcbs, within the j 
 time limited for the purpose, it is adopted by the council. Ifn.,]! 
 BO ailiipted, the original by-law ia to be deemed repealed. luthis 
 evi lit the corporation is to pay the costs of the arbitration. As to ( 
 which SCO sec. 399 and notes thereto. 
 
 (r) Formerly^ there were two kinds of submission that mij,'lit l)«j 
 made rules of Court: 1. References by rule of Court, Juilj:eil 
 order, and order of Nisi Prius. 2. Submissions in writing, hjl 
 virtue of the statute 9 & 10 Will. III. ch. ir>, where they contaii 
 an agreement to the effect that they may be made rules of C'uurtl 
 These were extended by the Common Law Procedure Act, liM 
 8. 97, which enacted that "Every agreement or suhniisBion, whetlie; 
 by deed or instrument, not under seal, may be made a ruleof oneo 
 the Superior Courts of Law or Equity in Upper Canada, on the appli^ 
 cation of any party thereto, unless such agreement or sulMniiMOi 
 contain words purporting that the parties intend that it shoiiiii i 
 be made a rule of Court," &o. This provision ia in substauce i 
 enacted in sec. 1.3 of Rev, Stat. c. 53. The eiiect of this is to pla< 
 submissions under this section on the same footing as any of theioi^ 
 
 foing described submissions. In re Brant and Waterloo, 19 U. C. 
 J. 450 ; In re Eldon and Fergmon, 6 U. 0, L. J. 207. The M 
 of making any award under this Act subject tf) the juriadictioDJ 
 the High Court, as if made on a submission by a bond eont.iiniiig/ 
 agreement for making the submission a rule or order of such C'oui 
 appears to be to bring all such submissions under the statute oiM 
 
 I. 40.\] 
 
 siilev not c 
 
 t]joy appea 
 
 may call fc 
 
 tlio Court c 
 
 (knee or afi 
 
 ivmit the n 
 
 time, to the 
 
 arWtrafcors, c 
 
 ;)oiiit, iia ])re 
 
 Re/ereneea, at 
 
 ■ new award sj 
 
 or (/iminish t 
 
 award, as the 
 
 <6 V. c. 18, «. 
 
 1 To fie under seat 
 iMway and boi 
 tJ)f fecit in form. 
 Y^oml Im/yrovetne 
 V>-"»i/er of Regi. 
 Voimils Borrotvi] 
 h itiue under ^\ 
 
 m AUdebent 
 •'>e executed on I 
 
 M-andifuecegJ 
 
 l^er ting section/ ^sJ 
 t''»" action it was! 
 
 Indaiits cannot diJI 
 hofthesumaiar 
 
 i',««rc,sedastoo 
 
 i "here the evidl'i 
 p^'^ardmereJy'rJ 
 
 mm\ 
 

 SOI 
 
 sider not only the legality of tha ^^ 
 
 remit the matte™ referred „r.' °i" "»'''« Hie «w«.l 
 time, to the eomidewS Zl ?'. °' ""'". Cm «"! f 
 arWlmtore, or to any otW ^ '''*«'-™''l«tiM of th, *" 
 poi..., .» pre.cribed\ X'^r™ """•»' "-e Co 'rt ° """^ 
 «™««. and fl, tho time t Uh-ri'^ ^'•«'"'^C^3 
 ne^ »»ar,l »h,li (,, made, or Ti. n ''''''''' "•"'li CuiX,. .«••■ «« « 
 or .Itainist tl,e amount 'Zm^ °°'"-' '"'^ '«' fci' "• 
 .™l,a. .,.e,.t.oe of th. c«^ -/t^t '^(^^ 
 
 "•" '•""•"MINTS. 
 
 aSJjc. 405. 
 
 -— "" "TO.R Ins, 
 
 k/W «.rf bonus deZZTV "^>^- 
 Um, in form. Sees, m iQg ^''- '^^S' 
 
 f o«wj& Borrowing for OurrZv ^^'^^' 410-412 
 406. AJI debentures anfi nfK • 
 
 ranis, and if neces'rvL ?"'® *''« Courts nn» ~':;^ — ['"'"''' &o^ 
 
 C. O. R AKR , 
 
 6™r7rJd77;;Mo enforce th^ 
 |r this section/ 5 J- j- of co^^^^ 
 
 111 au action it waa held ur!\^'"'^^**d> 17 V C ri «— "' 
 l«"Poua8iibn.,,«.,„. .-if "o objection fA A_ -^-.Q-.B- 455. Jn 
 
 fliau action it waa iield ^^^ l^''''^^»rf. 1 7 if f " rY « *" «^aid 
 N"pou a submission to th~ "^•'.^""on to the H«;.^- ^- *55. In 
 f award, for the 8tlt,?^« ^!u*'"'''*''atow, whiJ« V^'''*''a«on that it 
 
 td valid. I/, Under! „l"*^T^«« t^o t Tt IV'^^^' «»««»tVd 
 
 W«..f» _. ^."^^er a plea of n« , "•ct, and makes th«,;, 
 
 has l»oo« u _ 1 , "V^r 
 
 Indaiits cannot dSte'^^r ''\"° ^^^^d , h' f ""V^«« their 
 |onoftha8„mawa?d,d. ffoJ!^^'"^'''''' ^niZit'f ^«''' ^^at 
 lThenowerher« • ^'^^*«'» v. fFAj^.T;"^ *« award a 
 
 K all documentary etiJeS' '"^^«"«« fen'^h "'^^P^O" 
 
 Ea7S;s£sS^^^^ 
 
 Py exercised as to ordinaru "n «. ^^'' » "»ore exten« ! ^or the in- 
 T C' L- J. N S tu D y awards, /« ...» J^«=en8ive poHrer f h«l 
 
 I ^^''t of evidence 
 
302 
 
 (jHUHHSH ilBI 
 
 Mil ?™^ 
 
 ■i||HBjWi 
 
 11 &I 
 
 r^HiSliflf^flBBH^V 'SWlv a 
 
 Wfi \'i H: i 
 
 ^^■{■.Ih^UHHi 1^ 
 
 iuj£ I'^l ^~ ' 
 
 ImiM 
 
 
 1 1' )? ■ 
 
 
 l«M I 
 
 THE MUNICIPAL MANUAL. Tg i.. 
 
 unless otherwise specially authorized or provided, be seal 
 with the seal of the corporation, and be signed by the h ^ 
 thereof, or by some other person authorized by by-law f 
 sign the same, (a) otherwise the same shall not be valid lh\ 
 and it shall be the duty of the treasurer of the municii) If 
 to see that the money collected under the by-law is > . 
 perly applied to the payment of the interest and piiiicii i t i 
 the debentures, (c) 46 V. c. 18, a. 406. ' '*'' 
 
 to be against the view taken by the arbitrators, fn re Cnhmh 
 and litrlin, 44 U. C. Q. B. 631. ^ " 
 
 (a) If the head of the council perversely refuse to discharire V 1 
 duty in this respect, a by-law may be passed providing for the si \ 
 ing of the debentures by some person in his stead, Bn4^'\ 
 Toronto and Nipiaamfj Ji. W. Co., 17 Orant 425. ' *'' 
 
 (ft) It has been held that a debenture issued by a munHDjii 
 council, under its coporate seal, and signed by the head , tkJ 
 corporation, for the payment of a debt due or loan contracttd iindwl 
 a by-law which does not provide by special rate for tlie paymnittJ 
 the debt or loan, does not estop the municipal corporation froiil 
 Betting up, as a defence to an action on the debentures, tho inv,ili,lit.| 
 of the by-law : MellUh v. Bmutford, 2 U. C. C. P. 35; 8eefurtii?l 
 Thomas v. Richmond, 12 Wall. (U.S.) .S49 ; HalMead v. Mam ij 
 3 Comst. (!:. Y.) 430; Jlodijei v. Buffalo, 2 Denio. (N.Y.) |'|of 
 Boom V. Utica, 2 Barb. (N.Y.) 104; Anthony v. luhabUunts, 1 \A 
 (Mass. ) 284, and may rile a bill in equity for tho cancellatim 
 securities illegally issued. Pulaski County v. Lincoln, 4 Enc Mrk 
 320 ; TruMees d;c. v. Cfiei-ry, 8 Ohio St. 564. See further, notti 
 to sec. 410. A person negotiating the sale of a municipal debenture 
 not answerable that the municipality will pay the amount semi 
 by the debenture. Sceally v. McCalluni, 9 Grant 434, Wfce 
 therefore, a township municipality, in pursuance of tlie Mimidi 
 Corporation Act of 1849, passed a by-law for the purpose of gratii 
 a loan to the Port Burwell Harbour Company, and issued debenta 
 thereunder which were subsequently declared to be illegal in « 
 8e(^uence of the road company not having been properly constitm 
 the Court of Chancery, in the absence of any proof of frj 
 refused to order one of the directors of the road company ton 
 fund the amount paid to him upon the sale of one of such deli 
 tures. lb. 
 
 (f 
 
 ion .148, is intendedil 
 
 ((■) The latter part of this section, like sectir 
 the protection ot creditors. The duty of the treasurer to seetl 
 the money collected under the by-law is properly applied iji 
 imperative, and no subsequent by-law or resolution of the c 
 would in law be any excuse for the neglect of that duty. Ifthelj 
 law authorize the loan for a special purpose only, the treasurerci 
 not, without disregarding his plain duty, apply the money toi 
 other purpose. Grier v. Plunket, 15 Grant 152. But where thti 
 application had been actually made before the filing of a 
 ratepayer complaining of the misapplicatiou, and the same 1 
 made in good faith iu discharge oi a legal liability of thenu 
 
 .s. 408.J 
 
 406. De 
 
 HI bonus, s 
 
 bv die by-la' 
 
 atiou witliou 
 
 Hiiy other foi 
 
 may be direcl 
 
 407. Debe 
 
 kw j)romiiJga 
 ((/) shall be v( 
 Hi'tlistanding' j 
 hvkw, or in 
 timmi: (h) I 
 
 ; assent oi the 
 fill fipplicatioii 
 
 ' tlie time liinitei 
 
 ;18,s. 408. 
 
 408. Wliere 
 
 lof Februaiy, 18 
 |bv siicli mujiicij 
 |iiii(l the jH-iiicipa 
 
 ipality, and the co 
 Ifio payment, a hil 
 itlie amount and pe: 
 
 W See sec. fi,34 ^ 
 
 if] This is an ox 
 tares ot a munioip; 
 Brporation and sig 
 T eicepfciou shoulci 
 
 I (g) See sec. .129. 
 
 'Jfi) Were it poj 
 blip of legality, I 
 bguiarity or illeJ 
 B=i loom would hi 
 |(1 contingencies ofl 
 N of municipal sf 
 pt-wouJd be the] 
 p. 3")I and 352. 
 
 I') The debenture^ 
 P condition is con 
 f . " U. C. C. P 
 Mml V. Cohoufl 
 
 Wo, 
 
 See sec. 329 an« 
 
[s. 405. 
 
 be sealed 
 tlie head 
 by-law to 
 valid, (i) 
 mcii)ality 
 iw is |no- 
 vinciiirtl o{ I 
 
 e Colf/ii/ioiui 
 
 lischarge liisi 
 for the sipil 
 Bwh V, 
 
 a muniolnsll 
 head ... tkel 
 tvacted umlerl 
 lie payment oil 
 •pnration iroiii| 
 the iuvaliilitjl 
 I ; See furtkrl 
 v. ;Urti/or. ,kI 
 . (N.Y.) iwf 
 >i<a»(s, 1 McK 
 cancelhtiiiii i 
 , 4 Eng. (AtkJ 
 urther, Botei 
 )a\ ilebentuftij 
 ,inouut seiun 
 434. Wh 
 \i the MiiniciiJ 
 iwse of grautii 
 iued dubentni 
 le illegal in ( 
 irly conrtitM 
 proof ot frail 
 compauy ton 
 of sucUtiK 
 
 P, is intendeiij 
 
 Aurer to seetl 
 
 apphedisn 
 
 on of the coi 
 
 iuuy. \im 
 
 le treasurer!) 
 |he money to ij 
 at where the I 
 |ng of a ' 
 lie same I 
 Ity of theM 
 
 s. 408.] 
 
 FORM OP DEBENTURES. 
 
 303 
 
 406. Debentures issued in aid of any railway, or for \" '^^^^^^^ 
 bonus, signed or endorsed and countersigned as directed tur.-s' valid 
 
 In die by-law (e) shall be valid and binding on the corpor- ^„rpor"a\e 
 •itiou without the corporate seal thereto, or the observance of 9«ttl, &c 
 Hiiy other form with regard to the debenture than such as 
 may be directed in the by-law. (/) 46 V. c. 18 s. 407. 
 
 407. Debentures issued under the authority of any by- Debentures 
 l;iw promulgated under this Act or any former municipal Act, wUhstanding 
 (,/) shall be valid and binding upon the corporation, not- ^^^^^ '" 
 witlistanding any insufficiency in form or otherwise of such 
 
 bvliiw, or in the authority of the corporation in respect 
 tiieii'of : (h) Provided that the by-law has received the '''o'lw. 
 assent of the electors where necessary, (t) and no success- 
 ful iipplicatiou has been made to quash the same within 
 the umd limited in the notice of promulgation, (k) 46 V. c. 
 18, s. 408. 
 
 408. Where debentures were issued prior to the first day, DeWntures 
 lot' Februaiy, 1883, by a municipality under a by-law passed Feb!"i, iss™ 
 |bv such municipality, and the interest on such debentures, p^y^Jent j,„ 
 faiul the in-incipiil of such thereof (if any) as shall have fallen been made 
 
 ' ' for two 3-e»r8 
 — to be valid. 
 
 [pality, .and the council of tho township approved of and adopted 
 ftho iiayineiit, a bill by a ratepayer to compel the treasurer to repay 
 Itlie aniount ami personally bear the loss was dismissed. Jb. 
 
 (e) See sec. fi.S4 and notes thereto. 
 
 (/■) This is an exception to the general rule, which requires deben- 
 aresota nuuiioipal corporation to be sealed with the seal of the 
 orporiition and signed by the head thereof. Sec. 405. Why such 
 
 I exception should have been created is diil^cult to understand. 
 
 (g) See sec. .329. 
 
 (A) Were it possible to secure for all money by-laws the 
 amp of legality, so as to remove all suspicion of infonnality, 
 Tegularity or illegality, the effect would be eminently beneficial. 
 Kni room would be left for speculation or trade on the feara of men 
 jjd cdiitingencies of law, and more stability be imparted to the negoti- 
 iou of municipal securities ; one consequence of which — and not the 
 «t-would be the increase of the market value of the securities. See 
 iC8, ;]r)l and 352. 
 
 IV) The debentures are only made binding f»n the Corporation when 
 
 lis cniulition is complied with. See TrtiM and Loan Co. v. Ham- 
 
 7 U. C. C. P. 103; Anglin v. KiiujHton, 16 U. C. Q. B. 121 ; 
 
 nrfml V. Cohoiirq, 21 U. C. Q. B. 113 ; see further, note b to 
 
 405. 
 
 k] See sec. 329 and notes. 
 
304 
 
 THE MUNICIPAL MANUAL. Pg iA„ 
 
 (iiie, has been paid foi* the period of two yeara or more K 
 the municipality, the by-law and the debentures issued tli ' 
 under, or such thereof as may yet be unpaid, shall be v n 
 and binding upon the corporation, and shall not be quash i 
 or set aside on any ground whatever. 46 V. c. 18 » ino 
 See aec. 352. ' " *^^' 
 
 Form of 
 local im- 
 proTement 
 debentures. 
 
 Conttolida- 
 tion. 
 
 409. Every debenture issued under section 612 of this A 
 or under the provisions of any other Act relating to the iss 
 of debentures for local improvement purposes, shall bear o" 
 its face the words ^^ Local Improveinent Debenture,'^ and shall 
 contain a reference, by date and number, to the by-law nnrlo 
 which it is issued. 
 
 Provided always, that (in order to obviate a difficulty which 
 has been found to prevail in negotiating such local improve. 
 meut debentures, in consequence of many of the same havinB 
 to be issued for small and broken amounts), councils mav 
 from time to time, after the passage of the several by-law« 
 covering the sevei-al amounts required for particular local im. 
 provements as therein specified, and without in any way af- 
 fecting the liens on the lands therein named and to be im. 
 ]»iove(l thereby, further pass a collective or cumulative by-law 
 consolidating such several amounts, and issue the required 
 debentures in a general consecutive issue under such consoli- 
 dated by-law, apportioning, nevertheless, the amount raised 
 thereby, and crediting each service with the amount previous- 
 ly estimated and named for the same under the individual 
 by-law passed in the first instance ; 
 
 And for the purpose of more readily carrying this proviso 
 into offect, councils desiring to avail themselves of the same 
 shall insert a clause in such individual by-laws, intimating 
 that the amount of debentures to be issued thereunder is sub- 
 ject to consolidation, and in such case it shall be surtieiei)t to 
 state in said individual by-laws that the said amount of deben- 
 tures to be issued thereunder shall be issued atsomauvyeaR 
 fronj the date of issue of the same, without definini,' ii specific 
 date ; and provided further that no consolidated dedontures 
 shall be issued, covering any debentures which may have been 
 issued or sold under any original by-law. [I) 46 V, c 18 
 8. 410. 
 
 (I) The requirements contained in this section are in adilitiontotbe 
 ordinary re<iuirenient8. The purpose of tlie section is to (li>tiiigui8li 
 debentures which art) secured only ou particulur locaUtitis iu h mud- 
 
^rum 
 
 
 FORM OF DEBENTURES. 
 
 305 
 
 410.] 
 
 410. Debentures to be issued by any municipal council JJ^^^j^f^^y 
 contain a provision in the following words : bepnscribed 
 
 may 
 
 « This debenture, or any interest therein, shall not, after a cer- 
 
 t of ownership has been endorsed thereon by the Treasurer 
 
 ^tMa municipal corporation, be transferable, (m) except by entry 
 
 If the treasurer or his deputy in the Debenture Registry Book (n) 
 
 . . ,., fjom those which have all the liable property of th? munici- 
 
 Ulity as security. 
 
 , „ Municipal Bonds, notwithstanding thty are under seal, are 
 ith«(l with all the attributes of negotiable or commercial paper, 
 Iv deHvery or endorsement and are not subject to equities 
 rr e power to issue them exists) in the hands of holders for value 
 llll re due without notice. Such bonds usually have coupons 
 It" bed which partake of the nature of the bond, are likewise nego- 
 T[ may be detached and held saparately from the bond and the 
 Her may sue thereon in his own name without producing or being 
 terested in the bonds to which they were originally attached. 
 ch securities are made to raise money by their sale and this object 
 uld be defeated if they were subject to equities (where the power to 
 ' e exists) in the hands of honajide holdert-." Dillon on Municipal 
 lorations, .Srd ed. s. 486. Indeed, warrants or orders of Munici- 
 1 Corporations have been held in the United States to be so far 
 otiable as to render persons endorsing them liable as endorsers. 
 'm The fact that a debenture was, when duly signed and sealed, 
 iniously stolen from the corporation and transferred to the plaintiff, 
 lona Me holder, for value, was held to afford no defence. Trust and 
 ,j Co. V. Hamilton, 7 U. C. C. P. 98 ; see further Seybill v. Nat- 
 i Currency Bank, 13 Am. !j83 ; Dinamore v. Duncan, 15 Am. 534 ; 
 liiiiifl V. Inhabitants of Mouiton, 18 Am. 253 and note thereto ; 
 d V. Kennedy, 20 Am. 376. Holders for value, without notice of 
 equities between the original parties, are not bound by such 
 ties. In re Imperial Lanii Co. of Marseillea, L. R. 11 Eq. 478. 
 ..re a corporation issues debentures, knowing they may be assign- 
 fthe corporation may be estopped as against the assignee from set- 
 ' up, that the debentures were illegally issued. Webb v. Heme 
 L. R. 5 Q. B- 642. By an Act of Parliament commissioners were 
 linted who were to expend money in improving a town. They 
 authorized to levy rates on the town and to borrow money on the 
 ty of the rates, giving bonds for the money so borrowed, of 
 £100 at the least should be choseii by lot and paid off every 
 Interest on the bonds had been duly paid, and, except in two 
 £100 had been paid off every year, but more than £15,000 re- 
 id oil the security of the bonds. Held, that holders of such 
 to the amount oi .£800 were not entitled to the immediate pay- 
 out of rates or to a receiver of the rates. Preston v. Great Yar- 
 I, L. R. 7 Chy. 655; see further, Crotuh v. Credit Fonder, L. 
 Q. B. 374 ; liissell v. Kankakee, 16 Am. 554. 
 
 \ The design of this section is so far to control the negotiability 
 I debenture as to enable the municipal corporation at any time 
 ( all times to have a knowledge of the holder of it. This is in 
 
 39 
 
 ; ^t 
 
 
306 
 
 THE MUNICIPAL MANUAL. 
 
 of the said corporation at the town (or Village) of 
 or to the like eject. 
 
 46 V. 
 
 Deb«ntur« 
 
 registry 
 
 book. 
 
 c. 18. 
 
 K 410. 
 
 8- 411. 
 
 :ii-.: 
 
 WmK 
 
 I 
 
 Am 
 
 411. The treasurer of every municipality issuing a 
 debentures containing the provision in the last section m ' 
 tioned, shall open and keep a debenture registry book " 
 which he shall enter a copy of all certificates of owneish" 
 of debentures, which he may give, and also every subseon 
 transfer of such debenture ; (p) such entry shall not 1 
 made except upon the written authority of the ])erson 1 
 entered in such book as the owtier of such debenture or f 
 his executoi's or administrators, or of his or their iawfiil 
 attorney, which authoiitv shall be retained by the treasn 
 and duly ttled. (q) 46 V. c. 18, s. 412. " 
 
 SSS 412. After the certificate of ownership has been endorsed I 
 by entry, &c. as aforesaid, the debenture shall only be transferable h I 
 entry, by the treasurer of the municipality or his deputy ilj 
 such debenture registry book, from time to time, as traiisfeRJ 
 of such debenture are authorized by the then owner thereof! 
 or his lawful attorney, (r) 46 V. c. 18, s. 413. 
 
 Council nmy 
 
 Wowing'of 413. Tlie council of every municipality may authorizei 
 head, with the treasurer thereof, under the seal o'' tliecorJ 
 
 the first instance effected by a declaration against general n™ 
 l)ility on tbo face of the debenture, in the form given in thesectiod 
 After the t!n<lor8enient of ownership by tlie treasurer, no Itfjal tra: 
 for of tlie debenture can be made, except by entry l)y the IroasL 
 or his dep\ity in the del)onture registry book. The provisioa 
 analogous to that against transrer of property in a sljip, except in 
 particular mode, aft'-r certificate of ownership granted. Set! .i 
 inofxt V. Coleman, (» IJ. ('. Q. M. 614 ; Ornt>.y v. Aiounteneii,^{] C 
 H. .S.S2, i'hixhnlmx. Potter, II U. C. C. P. IBrf ; Wilwnv. ('ant) 
 22 U. C. C. P. 108. The eflect of the provision when applied,, 
 be to a groat extent to impede the negotiability of the debenture 
 which it relates. 
 
 (o) Or to the like effect — See note r to see. 330. 
 
 (/)) See note n to sec. 410. 
 
 iq) No provision is made for the payment of any fr-es to the t 
 surer f .r tlie services directed. The rule is, that a public ofe 
 not; entitled to payment for duties imposed npon him bystatuti 
 the . ' sence of an express provision for such payment. See Jou 
 Cnrmarthm, 8 M. & W. 805 ; Ankin v. Londvn, 1 U. C. Q. R: 
 >.' IMiUt and McDoiaUi, 10 U. C. Q. B. 254; Beg. v. Cmk 
 M L, i." iV. S. 70O, 
 
 (r; 3ee note n to sec. 410. 
 
 s. 414.J 
 
 poration, to 
 
 may be requ 
 
 corporation, 
 
 be ooJJected, 
 
 amounts to b( 
 
 covenant or 
 
 (/) 46 V. c. 1 
 
 414. No CO 
 
 mate or give a 
 
 taking for th 
 
 and any hood, 
 
 isjiiecl in contra 
 
 y.c.lS,b. 415 
 
 (s) It 18 donbtfu 
 
 [to borrow a munic 
 
 [meet current expe 
 
 nve a promissory 
 
 doubt. See Attorn 
 
 J note u to sec. 414. 
 
 Ibomw money fron 
 
 bent; but the Le 
 
 Ingiiage conferred 
 
 , [tj The power is t 
 h corporation," w 
 %'.i by the collection 
 the "until such tir 
 Se security to he gi\ 
 I to be exercised only 
 bount to be borrow 
 Jearity therefor. 
 
 ■The corporation cai 
 ■ntlian^lOO. Sees 
 
 Uii) It has J)een saie 
 
 Nnaiits is inseparabl 
 
 land private. See C 
 
 toDoiiijllcu V. VUyin 
 
 I Corporations are 
 
 J, properly affixed, « 
 
 lie entire body, am 
 
 V''^- • • . B 
 
 -^rliament, for part 
 
 d another question a_ 
 Ifaland that reLail.- 
 pe express provision 
 Jecesflary or reasona 
 f las iiHra vires ■ thi 
 Bsliouldnotbcmade. 
 
*-i'ii«i •''(-! 
 
 S. 414.J DEBENTURES FOR CURRENT EXPEj^s^S. 
 
 poration, to borrow from any person or bank «„n». 
 
 raaj be required to meet the then emT«n; '^" ^"""8 ns . 
 
 corporation, until such time as the taxp« I ^^^'T'l'^'""^ ^^ *>"'«: 
 
 307 
 
 »HIDS to p.» 
 
 current 
 
 expenses. 
 
 corporation, until such time as the tavT„ i i'^"'l'^'"'« of th.. 
 be collected, (s) and the council shall bv »,' ■^^"'''' *'"" 
 
 amounts to be so borrowed, and the nron -^ "^ '"eguiate tJie 
 covenant or agreement to be ffivin I"'^"'°''>' "ote or notes, 
 (/) 46 V. c. 18, s. 414. ^ ^'' '" security therefor. 
 
 414. No council shall, unless sneci Hi 
 ^ make or give any bond, bill, note df^h!.,.^*^" "^^^«o *OfIo. "''"'•"» 
 [taking fcr the payment of a Cs al';' ^7,'''''' ^'^^^ '-^^^^^^^ 
 ami any bond, l>iiJ, note, debenture or S *'"*" -^100 ; "°bou..,'&c, 
 |rf I^ ---ntion of this 3eotion,X;;^tv:;?'S^^^ 
 
 ; (i) It is (Joiibtful whether, in the Ibil Z " ' ■ '°'^" 
 
 :to borrow a municipal corporation has thl°^ "" '^''I^''^'«« authoritv 
 
 meet current expenditure. See note / f P°'^«'' *» ^'orrow evou / 
 pre a promissory note for monil 1 '"^ ««''"- ^'^0. T],e ...X f" 
 
 ,ote « to sec. 414. In the p^t i^''^'*'^^'^' 1^ 8in,. .'54? • J f .'>^ ^^ 
 mw money from banksf atl riwva "'''^'^^^^'^^ ''-ve as« «; IT' 
 .ent; but the Legislatur^, to tZll ^In'"/""/^ "''*- S" ay ' 
 W conferred the powe, a„,^ec^- ^ItS^^i,^!' 1^^^'^ 
 
 it] The power is to borrow to meet "fi, 
 11 corporation, " which nmiar, ^ i- "'' curi-ent PY»«..,]-i. 
 iU by the collection of taxes Cl}"^7 '^"•^'"'"^tan^J^I'^ ''"';« of 
 
 :be "until such time as Ttaxts ^^i^^^^'i "^^ tbei: ^"'1.^ 
 esecunty o be given for the .oan is a i ''•*-'^"'" «^^» '><> ooJleete ''' 
 to be exercised on y by by-law tk i H'^''""S8ory „ote ri ! 
 lount to be borrowed 1 T^V ,.' ^^^'^'^ "'"«^ ^lati^^ J^ 
 ^iirity therefor. "'^'^ promissory notes to be giJeu '' 
 
 [The corporation cannot make n i» i " '^^ 
 
 tathau^lOO. See8ec.4I4. ^'''^P''«'»issory noteforaless 
 
 m It has ))een said that the now * 
 Ireiiants is inseparable from +i,„-®'' '"^ ^'fccnte bon<?a i i 
 
 b proiKrly ,«,„,?, „S .■>^. » covenant mule" tff "'"''''mg, 
 
 il».lher question .rises th .V f ,"""' »"«'■''•' r>own,,\,"' '^°' 
 |"Un(l that ^emlarIv''ffi- '',"''''■ "-"ugh nncier H, '■ "" '"■ 
 
 ' ^''"''' Y(irmo,uh H. Co 
 
308 
 
 
 "a ■ i 
 
 ")', If^'? 
 
 Certain per- 
 sons to h« 
 tx ojglcio 
 juHticeR of 
 tbu peace. 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 415. 
 
 Title VI. — Respeotinq thk Administration op Justice ivn 
 Jddiciai. Pbooeedinoh. '' 
 
 Div. 
 Div. 
 Div. 
 Div. 
 Drv. 
 Div. 
 Div. 
 Div. 
 Div. 
 
 Div. 
 Div. 
 
 Div. 
 
 I. — Justices of the Peace. 
 II. — Penalties. 
 
 III.— VVlTNESSES and JORORS. 
 
 IV. — Convictions under By-LAwa. 
 v.— Execution AOA.tNST Municipal Corpobatioks 
 
 VI Teudkr of Amends. 
 
 VII. — CoNTBAcrs with Memhisos of Council void. 
 
 VIII. — Police Office and Police Maoistrate. 
 
 IX.— Board of Commissionisbs of Police akd PoLir» 
 
 Force in Cities and Towns. " 
 
 X. — Courthouses, Gaol.s, and Places of Impkisonmevt 
 
 XI. — Investigation of Charges of Misconduct in Rbu 
 
 tioi to Municipal Matters, See sec. 477 
 XII.— When Mayor may call out Pout CavKUcHui 
 
 Division I. — Justices of the Peace. 
 
 Jiisticco of the P-'ace, Who are ex-officio. Sec. 415. 
 Jtiriadiction of jfayors of Cillea end Towns. Sec. 416. 
 Qwdijicatioii and oath q/'ex-officio Justices. Sec. 417, 
 Jurisdiction ofJuatices in cases under By-laws. Sees 4is| 
 411>. ■ 
 
 415. The head of every council, and the reeve of even 
 town, township and incorporated village, shall, ex officio i 
 Justices of tlie Peace for the whole county, or union of com 
 ties, in which .heir respective municipalities lie, («) 
 
 V, (.'r(^at Northern /i. Co., 9 Ex. 55, 84; adopted by Martin B 
 Pai/ne v. Urfeoii, 3 H. & N. 579 ; see also HolUswortli v DartuM 
 11 A. & E. 490; Iteff. v. Lkhfidd, 4 Q. B. 893 ; PuUUtn-'v Gram 
 9 C B. 774 ; Nowell v. WorceMer, 9 Ex. 457 ; Kendall v. Kimj, !](] 
 B. 483. An exueption \p oreatod by sec. C>4, Hah-a. 3. 
 
 (a) TIjc ordinary rule '3 that tho jurisdiction of a local otficerl 
 not to be oxtcnded beyond the municipahty of which he isanoffia 
 But as many of the criniiuals who find their way into cities 1 
 town3 are from rural municipalities, and as some oithose who est, 
 from cities and towns find their way into rural municinalitieTi 
 order to avoid the backing of warrants in such caaus, it has bi 
 deemed proper to make the officers in this section meutioiiedi 
 simply "ex officio Justices of the Peace," but ex officio Justices ofj 
 Peace "for the whole county or union of counties in which i 
 respective municipalities lie." See Reg. v. iVowo-, 4 P. K, 64. Jtifoi 
 seem that mayors of cities and towns under this section .-vreaoj 
 Justices of the Peace for tho counties m which their inunic'o 
 lie. 
 
 
809^ 
 
 . in.] QrAUFICATlON or .U8TICE8 CP THE PEACE. 
 
 aldermen in cities shall be Justices M' *u --n 
 
 cities, (b) 46 V. c. 18, s. 416. *^e^Peace for such 
 
 . 416. TLe mayor of a town or citv /.\ u 
 
 [Police Magi^orate, (rf) shall have mZdioii^ - *^^''« ^^ no.T„H,d.oH 
 Ito other powers, to try and deterS n "' '" ^''^>*'on too'^SS^" 
 foffences against the by-laws of the to^l P'-osecutions foroKr""" 
 pmltiesfor i-ef using to accept office th«, • ^^ *''*^' *"^ ^or 
 rniV'"'"'"*''"' "' q"«ii«oatio„ and^'offiee' TcVt' 
 
 417. No warden, mayor, reevo n.. i , 
 taking the oaths or making the declavl r'' ""*•"' (/) after o 
 eq^Vecl to have any property ''l^- a I'tr "' "^^^' ^'''^^^^^ l'e?S£- 
 Jitlier oath to enable him to act a« i r 1 "' °'' *° ^^^^^ an v ''"<^"''«- 
 I) 46 V. c. 18, s. 418. ''^ '^ '^"«t'c« of the Peace 
 
 , The (leclavation is not. as iii^i7~^ — _ 
 
 .ttheo/iicers mn.ed shall be Jo^^S"" P*''*, °^ *»>« «ecti77; 
 
 It " Alderiuen m eitiea shall /,, •^f''.''^^ticeH of the Pear.,, i . 
 
 Ik' It ^y^^ formerly proTdLlthl'I'V «/ ^'''« ^"^« T, ' ",' 
 
 tin tje capacity of a^.f.stloe of ^ife f ^"--^ «ny •''l^leru a.f ho'ull 
 
 .»ho"l< take the .sa.ne oath of ,n a S;.,lf'''" ^V "''' «'ty or co n/v 
 
 . lilies was an addition to see 'f-,? f ^ ^ ^^''"«- ^1 V c •?/) 
 
 jt.wamu.to comnutmentsim,;/; !'"' <^""f'-'<ineuoe, it uuVu i 
 
 i;M^ri^r-f^:i/--fth 
 
 liJtmte, or uj t he absencfl nr ;ii " "^^>*"'« there i« ., ,. ."'^ 
 
 L. . ^^^"""thernoteo+o 
 
 ■^Kveryci^'and everv (^nw,. I • 
 ll>"e a Police MagistmtT 'T'"^u'""''« *'>•-*" r^Ami „,|,.. •. 
 
 k.p,.i„t„,e„t. i.a;e a pXe V/r'-'?'"" '" ' '-"'--n ee fft tn^^T^ 
 
 ';y ^ - ^e Hi'poi«ted';:!'ro' s^t- /*^- «-. a Poi; « ;;',^- 
 
 I 't IS the policy of the lau, . ^J'stnots. //,. , ,; '^^ «- 
 
 -r to per;;:.?aS^-ie:rrC«,f'^.- -'"0 propS '"«., 1^^" *-'•>■ 
 farileii, "layor or re !.« ! 7u "'*""" "nscon.Iuct V ^ ^*''''^'''" 
 
 ponotorsiipra. 
 
 ivl.^ "^^'^ 
 
310 
 
 TUE MUNICIPAL MANUAL. 
 
 [«• 418, 
 
 tain by-laws. 
 
 
 ; I" 
 
 
 
 Ipi^ «^ 
 
 I*' 'Aim J' 
 
 of juSs° ^?- ?^?^7 Jij'itice of the Peace for a county (A) shall 
 under cr- liuve jurisdiction in all cases arising under any by-law of 
 
 municipality in the county, where ' there is no \w^ 
 MagiHtrate. (i) 46 V. c. 18, s. 419. '^^ 
 
 .Jurisdiction 419. In case any offence is committed against a hv Inn, i 
 sp'oiaiiy a council, tor the prosecution o\ which otteiice no otiier nm. 
 jHJvided for. vision is njp.de, (j) any Justice of the Peace having jmiHdjplj 
 in the loo'.lity where the offender resides, or where theoffen 
 was comniitted, whether the Justice is a member of the cou I 
 oil or not, may try and determine any prosecution for tli I 
 offence. 4G V. c. 18, s. 420. " 
 
 Division II. — Penalties. 
 
 liCcovery and en/urcenient thereof. Sees. 420-422. 
 Oil ojf'tiHces against Jii/-law8. Sec. 421. 
 App/icatlon o/ penalties. Sec. 42.3. 
 
 (h) The authority of Justices of the Peace appointed by the ('roml 
 is limited to the I'lCiility specified in their connniasions. Itijiniul 
 case iittiiclied to the person, so aa to be capable of heing exerciiHl 
 elsewht.Te than ^I'ithin those limits. A .lustice of the I'eace, iortl»| 
 time that lie slii.ll make his al)ode or be out of the couuty wlierelid 
 is ill commission, cannot intermeddle or take any recognizaiiie J 
 an^ xamination, or otherwise exercise liis authority in any iiiattj 
 that ^ hall happen within the Connty where he is in coimiiissioi 
 Js'eithi'r can he cause one to be brought before him out of the comM 
 where he is in commission, " for being out of the couuty where hel 
 in commission, he is but as a private man." 8ee i'aley on loutjl 
 tiiins, r)th Kd. \A. 
 
 (i) 'i'he meaning of this section is not free from doubt. TheL 
 guage nsed is very comprehensive. A'lv/'j/ Justice of the Pcacefol 
 county shall have jurisdiction in all crt.vM arising under ««i/M 
 of a/.'^z municipality in such c<mnty where tiiere is no Police ilaj 
 trate. This is broa<l enough to give jurisdiction to Couiitv Justia 
 in the cases mentioned )Ver otl'ences against by-laws coimDittdl 
 cities and towns, provided there be no Police Magistrate in i 
 cities and towns. 
 
 (_/) As to power to impose punishments for breaches of bylaJ 
 iSee sec. 479, sub-ss. 17-19. 'J"he jurisdiction of the Justice is dJ 
 to depend either on the locality where the offender resides or irW 
 the otfence was conunitted. A Justice having jurisdiction in ei| 
 locality may not only try but determine the prosecution, 
 authority of a Justice, who is so by virtue of his otiice as mjji 
 reeve, &c., is limited to the county in which his municijialirt 
 •situate, and the authority of a Justice of the Peace appoiutdl 
 commission from the Crown, is limited to the locality therein i/ 
 fied. See note h supra. His jiower can only be exercised \s\\ad 
 is no P(Jice Magistrate, l!ev. ^!at. c. 72, ss. (!, 1 .3, or in the alu 
 -or illness or at the request of i he Police Magistrate. lh.^\\ 
 
S. 420.] HECOVFRY OP PENALTIES. 
 
 420. Every fine and penalty iniDo«,Pr? i 
 
 4ZU. r^vevy mxe and penalty iniDo«,Pr? i 
 authority of tluH Act (a) n,ay, unle/X'J*^,,r ""^'"^ ^'^« 
 ,s specially made therefor, (/,) be recoverH.I „ . !•' P'"«vi«ion 
 costs, (c) by summary conviction befn. J **" V""''*^®'^ .^itb 
 Pence for the county, or of the 'inn - '^v^ Justice o" " 
 oHence was committed ; (,/) and in dSr^."' '^'"''' 
 
 Pence for the county, or of the inuni.inr rf "^''''® «^ <^'»e 
 oHence was committed ; (./) and in dt'f«..l/ *''/" "^'"^''^ ^''^ 
 offender may be committed to tJie con I^'y^ient the 
 
 conection, or lock-up house of tl.« r I'"" °^^^' ''^nse of 
 
 iprn to hft imniiwn^^,! *^ , .. ""' ^^""ty or niJinir.;..., l:._ 
 
 of the 
 
 ill the 
 
 iieiiuc. .i.aj^ w« cojumitteu to tile comn. ry^'ent th< 
 
 conection, or lock-up house of ti.« c t ° ' ^^^^^^^ of 
 
 I there to be inipiisoned for any time ,-n"f i ?•" '"'""cipaiity, 
 
 -•oting Justice, not exceedin.r /',,*, '^/«cretion of the 
 
 311 
 
 Il«ooTery 
 «'ni enforco- 
 niMiit of 
 l><)nalti«ii. 
 
 ''iiprf«on. 
 nifiit in 
 iiufault of 
 l'»ym»(nt. 
 
 ere lu «;k unprisoneu tor any time in fl T- """'^cipality, 
 Icoiiviotmg Justice, not exceedi,„r L,,].. '^'^^'''^tion of the 
 1 vision is specially made), thirty days /. , ? '''^^*''- I>»-o- 
 
 nl labour, unless such iine and^p;! "J"^ 7'^' "'^ ^^^^^'^ut 
 
 Vision i».->i»eciaiiy maue;, thirty days /^\ , . . "'^"t'»" Pi'o- 
 hard labour, unless such iine ^nd l]iT 'V*'' "'' ^^^^^'^ut 
 iiig the costs of the committal, are son, o. -^ ''''"'*•'' "»«J»tl- 
 
 J (rt) A by-law without » penJ^7wi^i^lT~i ^ — —- 
 
 l|ivei.t..mumc.pd councils to pass by.Ja„.« V,."^^V- ''^. ' «« P«wer i« 
 
 I (/») Where power is given to enf 
 
 particular mo.le ^he power to enforcrb? a^ff'^!'* "^ '^ l'«"alty in a 
 Bdmieil. A«//l' v. ^VoiwV/ I T d , ,« "/y other mode is iinnli<.,ii 
 ^Woml. (N. V.) r>71. 588. '• ^^ '^«' ^"^i ^^«>-^ v. iS, ^11^ 
 
 |(c) More the 18 Geo. III. cap JO w 
 
 |as 110 veHcrrtt/ |M.wer eiiublinrr 11 ..m,.',; /'^ passed in KnL'I,-ii,J t-u 
 
 l^cialproviMoLtothateffS wer Tow'^' ^""*'^'^' *- HCd'eor 
 
 ou..t 01 costs, ,t was Jiehl to be an irre... • ■^'^^'^^<^ l^Janks fo,' ttc 
 
 i) See note a t(. sec. 4J5. * ^- -^^y- 
 
 !) A conviotion orderiiiir inmriBr.... . • 
 
 ^'^ "I'ther note m to 
 
 1*^1 
 
 f:!^ 
 
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 !,; : 
 
 1 ' 
 
 :i 
 
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 it 
 
312 
 
 THK MUNICIPAL MANUAL. 
 
 PmmltiM 
 
 
 
 
 W: 
 
 M 
 
 the 
 
 [«• 421, 
 
 impoMd by 421. The Justice or other authority before whom a n 
 by.Uwfc Recution is had for an Oifcncu against a municipal hy-law T 
 may convict the ortVmdor on tho oath or affirmation of 
 credible witness, (h) and shall award the whole or such iwi.!"'< 
 
 {(f) See Boc. 479, Bub. a. 17. 
 
 (A) Acconling to tho interpretation put upon similar wonU i r 
 Statute of FnunU, 21» l.'ar. 2, c. .S, sec. 6, credihte witness in ,., • 
 lent to coiiipefi-nt witnusa. Haiwa v. /ftimpkrey, 9 Pick (MHMMi'rj? 
 Havni V. Ililliaril, 23 IMck. (Mass.) 10; Annoy v. /'V//o,*,v, .V u ' 
 219; Sf.ars v. Diffini/ham, 12 Mass. 288; Jarman on Wills 3,1*'?' 
 • 82. So that such witnesses only can be properly examiiiu'd a -1 
 
 competent witnesses in a Court of Justice. When pecuiiimy jnt* ' 
 amounted to a disciunllHuation, the informer, when entitled t *' 
 portion of tho penalty, was incompetent both on the Ki'oumr ' 
 interest and on the ^'round of being a party entered on the r, !' 
 Hex V. Tilli/, 1 Str 3l»> ; Jtex v. SfoiiP, 2 Ld Itav.l ivl- 
 Rex V. /i/a„ey, Andr. 24f) ; Iffx v. I'iercy, Jb., I8 ; z^,, .' 
 Robot hcun, li liurr. 1472 ; RfX v. Shipley, cited in o'in, n^ 
 Rex V. Cobhiihl, (tilb. Ill; /'orfiiian v. Okeden, .Say. IT!)- /i", ' 
 fifackiudii, 1 Ksp. 9(} ; but see JenninijH v. haiibys, ',\ ^f,'),] 11 J] 
 Rex V. Jo/niiuii, NVilles, 425, note c. But so far as this Act is 
 cemed, it is expruHsly provided that "tho person givini,' onm);,;, 
 the iiifiirmatiou or complaint, shall bo a competent witness" ^ 
 
 424. 
 
 >ec, 
 
 It is also now t-xproasly decl.ared tiiat on the tri il of any ir 
 I'ecdimj, VKttfir or qitfisHou under any Act of the I-ejiisJatme !i 
 Ontario, or on the trial of any proceeding, matter or (lue.stion /,./oili 
 1 1)1 y J II Hi ice of the I'liice, mayor or police magistrate, in any m:itt«| 
 ijogiuzal)le ))y such iJuatice, mayor or police mngistrate, nol 'l,id 
 •t n-iiiti', the i)arty opimsing or .Icfeiuling, oi- the wife or hmj 
 band of the per-son opposing or defending, shall be r)iiiipeti>ni anlf 
 rompollnhle to give evidence therein. I{ev. Stat., c. (Jl, s. ",), imJ 
 est is now no longer a ground of disqualification in any witiKm M 
 !4s. 2 & 3. Xor, with a tew exceptions, is tho fact thiit lie isai 
 to tlie record. One of these is that no person shall be coiniK.'llalileti 
 answer any ([uestion tending to criminate himself, or to sulijoot kiJ 
 to a prosecution for any penalty. lb. sec. 5. None of these provijioi 
 relax or affect the law of evidence in regard to criminal pmceili 
 Persons put on trial for a criminal otfence cannot testify for or airaia 
 themselves. See Wiunor v. Reyina, 7 U. & S. 490; b. R.\%\ 
 .S90; 10 Cox. 276: Attnrney-aeneral v. Radlofl', 10 Kx. 84. Ifi 
 priaonment may in the first in.stance follow the conviction, the i 
 ceeding is in general lookeil upon as a criminal one. Ac Pl.itf, 
 in Afforney-O'i'tiertd v. Rndloj}', 10 Ex. 84. There are luanycrin 
 proi)erly so called, which are liable to be punished on sunimiirjM 
 viction. But there are a vast number of acts which in nosenst^ 
 crimes, which are also punishable ; such, for instance, as keep! 
 open house atter certain liours, and a variety of l)reaciie8 of 
 regulations whieii will readily occur to the mind of any one. 
 Baron Martin. lb. 96. Where the proceeding is cf>n(hicte(l witt 
 view and for the purpose of obtaining redress for the violatiniio 
 private right ni.ly, the proceeding is a civil one: Init, on tlieoti 
 liand, wiiere tiie proceeding is directed for the punislinieiit ofl 
 
 s. 421] 
 
 the penalty r 
 
 fit, (/) with 
 
 nndev tiie hu 
 
 or in cu.so tv 
 
 nndev the hm 
 
 f J)eci»lliiry p^fj 
 
 ifnid, to l)p I( 
 
 ; chattels of tin* 
 
 422. Ill cm 
 Irhicii tlio pou 
 
 \tifiuce which milU 
 il fur tJic piMiisii 
 weeiUii^ is n crii 
 araiiiiiig .s/uno eaj 
 il ■"" '»e aWe to 
 irt'tl. /.'cferenco 
 
 tiinviv. /loiriunii 
 
 (•.A./.l'2(); //„; 
 
 ''"■<■.!'(.). I!. (V.n. 
 
 li-v^^- .W4 : .lt,.,r 
 '*. '-' A. k K. m^, 
 
 »•'"•. 7('. n. M. s 
 
 .<''•'■«, 2 li. it s. 2!J 
 \>J% V. /i,>„rdm( 
 p. 2'Jl : !Wk V .% 
 
 f) H may ho tiiat 
 
 1i'«;_ Hut IlsiiaJly 
 
 riiu f)„M-e,. „f ..I 
 
 '">• " ■>» at 0110 til 
 l'"«-t'i- of the coriK 
 amount waa alao 
 liiHtanccs of each 
 etmn l.„tii ,1., t,, A 
 "".V l>e ()l>taino(J A 
 M- It Jias been ,i| 
 wsliaili.ivanj "thj 
 "»\m(ii\ hy the h\ 
 •<^J Iklla-ille, soul 
 
 T'le H'arrant must , 
 
 " 'V'e U,it^/,in.HO)\ 
 
 ;'i'f section appiieJ 
 
 'i«"'.Ma»vs. '!vi3 
 
 '''•'•emulate criminj 
 
 ^'"« power of i„J 
 
 K"t i<n- an oj 
 
 tiiinary penalty ;| 
 
 '■'■^•""tf/aosec J 
 I'l'ocedure, /I 
 
 m^ 
 
S. 422.] KNFORCEMENT OF PKNALTIK8. 
 
 the penalty ov punishment imposed hv th« 1 i 
 
 fit, (0 wifcl. the casts of prosociitioi, Tn^r .*^'«^'""K,sA«Trtor 
 
 .mcler tJ.o },H,Hl unci seal of tl.e Justice or '"?f '''" ^"•"''"nt, foVt."'^ " 
 or in cusft two or more Justices «r.f f .• " '* '^'>t'>«>rity. 
 muler the h.in.l and seal of one o{ tllT^lT' *^^'"^'"' ^^^'^ 
 . peciiiiiiiry penalty an.l costs, or costs nni ^V/'^^^^^ ^''y Mich 
 pid, to he levied by distress and'sull^'/ .."''^ ^''^thwith 
 chattels of th(* oflender. (/) 46 V ! iu ^ ^''"^ «"ods and 
 
 J 422. In case of there beinrr jm r f 
 
 Iwhicli the jionalty can be levied / f'*®;'^'^ '"'"»d out ofCommit- 
 
 bffdice which rnilitiites against the iroi„.,.a777 I " ^^ '"""••''« 
 
 kl „.r th. p.in,Hhn.onfc of tho infmo ,„ T't'''*^ "^ t'l*-' '-'on.niunit 
 frocee-hng .« ,.. cru.nr.al ,.rooe.,Ii„.,. / v t'T" l>" '•''''' 'Juty, and 
 l,>nrn.ng.s.tmo c-a..c.. p .SC. Jt j, .^.^ ;, ^ ^ AI..xan,ler ( WkbuJn 
 7 7 '';■ f ' ^" •'''^•'•'« "» ^''i-'l. Hide yi/"''"^''-to draM- a lin" 
 ^nmlv. Bowman, 2 |{. ft i*. r,,-,., V ./"""^^'"K eases : Afforu^J: 
 
 Ij It may bo that the bylanr ;,„, ' ' "' ^ ^'- *^- «J.' 
 
 fcc. Hut usually the b/laTst ff ' '^ ''^■«'' P^^alty for th 
 i The poue.. off. rnnni^X,^^:tU.:r^^^^^^ 
 ilty «•:.« at one tinau ,lo„{,te,l. sI". f" '"'Pose .su ,h a si/ C 
 
 ' l'""«>-;f the corporation t<, dek.', e , *'V """• -*''»' «id,.s 7^ 
 
 The warrant must be under " bn„^ 
 
 31,1 
 
 •nd 
 
 j:*K i'^**!^lSl 
 
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 Sdences 
 
 Corporation 
 
 33 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 873-4503 
 
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 THE MUNICIPAL MANUAL. 
 
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 [s. 422. 
 
 commit the offender to the common gaol, house of correction 
 or nearest lock-up house, for the term, or some part thereof 
 specified in the by-law. (n) 46 V. c. 18, s. 423. ' 
 
 r^^fed ""^ 423. Unless otherwise provided, (o) when the pecuniary 
 penalty has been levied under this Act, one moiety tliereof 
 shall go to the informer or prosecutor, and the other inoietv 
 to the municipal corporation, (j>) unless the prosecution i's 
 brought in the name of the corporation, in which case tlie 
 whole of the pecuniary penalty shall be paid to tiie cornon 
 tion. (q) 46 V. c. 18, s. 424. ' '" 
 
 [As to summary method of enforcing by-laws. See sec. 482 1 
 
 tingent on "there being no distress found out of which the penalty 
 can be levied." The commitment, therefore, ought not to be issued 
 till the fact that there is no sufficient distress is ascertained. lUii v 
 Hawkins, Fort. 272, per Parker, C. J.; lie.g. v. Bleitkdi-y, G PR 
 244. A Justice who in such a case commits a party witliout iunuirv 
 as to distress, may, if there be a distress, be sued as trespasser. Hill 
 V. Bateman, 2 Str. 710. Some statutes only allow the commitment 
 to issue upon due proof upon oath of the want of distress. 50 Geo 
 III. ch. 108, 3. 7. If the same person be convicted of two penalties 
 and there be goods enough to answer only one, they may be levied 
 under the one and imprisonment follow on the other. }{e<i v ]\\mu 
 2 Ld. Rayd. 1195 ; S. C. 11 Mod. 54. ' ' ' •' ' 
 
 (n) The commitment must be in writing. Mayhew v. Lode 2 
 Marsh, 377. It should be drawn up forthwith after the commitmeut 
 is ordered. In re Masters, 33 L. J. Q. B. 146. Detention of the partv 
 without a written warrant cannot be justified further than necessary 
 to make out the warrant. Hutchison v. Loiondes, 4 B. & Ad. Us, 
 But the detention of the party till the return of the warrant of 
 distress may, it seems, be by parol. Stile v. Walls, 7 East 533. 
 
 (o) If the statute under which the conviction takes place applies 
 the penalty with certainty, it is sufficient for the Justice to award 
 the penalty to be paid and applied according to law. lie Bontliruuil 
 15 M. & VV. 1 ; Jieg. v. Cridland, 7 E. & B. 853 ; Reg. v. Jvhm.i 
 Q. B. 102; see also Reg. v. Glossop, 4 B. & Al, 616; Brown \.Sk- 
 holson, 5 C. B. N. S. 468 ; Seamen's Hospital v. Litvjjiool, 4 Ex. 180; 
 W7'ay V. Mlis 1 E. & E. 276. If there be any material variance bo- 
 tween the conviction and the statute as to the appropriation of the 
 penalty, the conviction will be bad. Griffith v. Harris, 2 M. & W. 
 335 ; Chaddock v. Wilbraham, 5 C. B. 645. 
 
 (p) " The moiety of the informer's share of the penalty should Ije 
 preserved to him. Under the by-law as it stands he gets no share: 
 and it may damp the energies of a class of people who are supposed 
 by the Legislatui'e to be necessary, and to do good service, if the 
 reward which stimulates them to action is taken away." I'fi \\i\- 
 aon, J., In re Snell and the Town of Belleville, 30 U. C. Q. B 81, 89. 
 
 (g) Where the statute gives a discretion, either as to the amount I 
 of the penalty or its application, the Justice must, on the face of the | 
 
8. 425.J 
 
 WITNESSES AND JURORS. 
 
 Division III. — Witnessks awd Jurors. 
 
 315 
 
 Who may be witnesses. Sees. 424, 425. 
 
 Ratepayers, members, officers, <tc., of corporation, liable to 
 
 challenge as jurors. »Sec. 425. 
 Compelling attendance of witnesses. Sec. 426. 
 
 424- Upon the hearing of any information or complaint who may be 
 exhibited or made under this Act, the person giving or ^"°°*"*- 
 making the information or complaint shall be a comjietent 
 witness notwithstanding such person may be entitled to part 
 of the i)ecuniary penalty on the conviction of the offender, and 
 the defendant and the wife or husband of such persons 
 opposing or defending, shall also be competent witnesses ; 
 and all the said persons shall be compellable to give evidence 
 oil the hearing, (r) 46 V. c. 18 s. 425. 
 
 .n 
 
 425. In any prosecution, action or proceeding in any 
 civil matter (s) to which a municipal corporation is a party 
 no ratepayer, member, officer or servant of the corporation 
 shall on account of his being such be incompetent as a wit- 
 ness ; (/) but they, and every of them, shall be liable to 
 challenge as a juror, except where the corporation, the party 
 to the prosecution, action or proceeding, is a county, (u) 
 46 V. 0. 18, 8. 426. 
 
 Ratepayers, 
 members, of- 
 ficers, &c., of 
 corporation 
 competent 
 witnesses — 
 may be 
 challenged 
 as jurors. 
 
 conviction, show in what manner the discretion has been exercised. 
 Bex V. Dimpsey, 2 T. R, 96 ; Rex v. Symomh, 1 East, 189 ; Re 
 Bo'fthmid, 15 M. & VV. 1 ; Rex v. Seale, 8 East, 568, 573 ; Rex 
 V. Sinitk 5 M. & S. 133 ; Reg. v. Johnson, 8 Q. B. 102 ; Wrayv. Toke, 
 12 Q. V>. 492 ; see &\&oRex v. ir»/a«, 2Ld. Rayd. 1478 ; Rex v. Prieat, 
 6T. R. 538. 
 
 (}) This removes all ground for supposing that the informant or 
 complainant is by reason of pecuniary interest, disqualified, but leaves 
 untouched the question as to the competency as a witness of the per- 
 son complained against. See note h to sec. 421. 
 
 (s) Ah to what matters are civil and what are criminal, see note h 
 to sec. 421. 
 
 (/) The Evidence Act, Con. Stat. U. C. ch. .S2, (Rev. Stat. c. 61.) 
 loni; before the passing of the Act from which this section is taken, 
 had leniiived any such disqualification as is here supposed to exist. 
 See note A to sec. 421. 
 
 (") If this means anything, it means that the fact of the person 
 calli'd as a juror being a ratepayer of the corporation — that is, a 
 party to the civil proceeding in which he is called — shall be a per. 
 
 T" 
 
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 Compelling 
 witnesses to 
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 THE MUNICIPAL MANUAL. fg ^.. 
 
 426. In prosecuting under any by-law, or for the biea li 
 of any by-law, witnesses may be compelled to attend i 
 give evidence in the same manner, and by the same proc"" 
 as witnesses are compelled to attend and give evidencp ^' 
 summary proceedings before Justices of the Peace in c "^ 
 tried summarily, under the statutes now in force or wli' l 
 may be hereafter enacted, {v) 46 V. c. 18, s. 427! 
 
 Form of 
 conviction 
 untlur by- 
 laws. 
 
 Division IV.— Convictions under By-laws. 
 Form of Conviction. Sec. 427. 
 
 427. It shall not be necessary in any conviction made 
 under any l.y-law of any municipal corporation, to set oiit I 
 the information, aj^pearance or non-aippearance of the defen 
 dant, or the evidence or by-law under which the convictiV 
 is made, (w) but all such convictions may be in the form fol I 
 lowing : (x) 
 
 ( — ■ — 
 
 emptory ground of challenge. Before this Act such a person "u- - 1 
 liable to challenge" for cause. The object of this Act mustbet'l 
 make the challenge good as a peremjjtory challenge. The onM 
 exception to the challenge is where the corporation "is a county 
 
 (v) If it is made to appear to any Justice by the oath or attiiniatioa 1 
 of any credible person, that any person within the jurisdiction ofl 
 such Justice is likely to give material evidence on behalf of theprovef 
 cutor or complainant or defendant, and will not voluntarily aunejrl 
 as a witness at the time and place appointed for the hearing oi thai 
 information or complaint, the Justice shall issue his summons to srt 
 person, under his hand and seal, requiring him to be and ajipearat J 
 time and place mentioned in such summons, before such Justice orl 
 any other Justice for the territorial division, who shall then be thfrj 
 to testify what he knows concerning the information or complaint,! 
 R. S. C. c. 178, s. 29. If the person summoned neglect or retiwetJ 
 appear at the time and place appointed by the summons, and noiQsiI 
 excuse be offered for such neglect or refusal, then, after proof upun 
 oath or affirmation of the .summons having been served upon suca 
 person eitlier personally or by leaving the same for him witiisoJ 
 person at his last or most usual place of abode, the Justice beforjf 
 whom such person should have appeared, mpy issue a warrant t 
 bring and have such person at a time and place to be therein nnl 
 tioned before the Justice who issued the summons, or before an/ 
 other Justice in and for the same territorial division who shall tlid 
 be there to testify as aforesaid. Jb. sec. 30. The warrant may,! 
 necessary, be backed, in order to its being executed out of thejurij 
 diction of the Justice who issued it, lb. 
 
 (>v) The law was formerly otherwise. Jieg. v. Boss, H. T, SVicJ 
 i\. & J. Dig. 1979. 
 
 [x) The conviction should shew the by-law to have been ] 
 
 Division V.— Exei 
 
 :,y..:U.ii 
 
428.] 
 
 EXECUTIONS AGAINST CORPORATIONS. 
 
 PBO\iscE OF Ontario, ] 
 
 County 
 
 To W^T, 
 A 
 
 BE IT REMEMBERED 
 
 day of , A.D. 
 
 J , at , in the County of 
 
 B. is convicted before the undersigned, one of Her 
 
 • tv's Justices of the Peace in and for the said County, for that 
 h said^- ^- (^tC'^^''^9 ^^^ offence, and time and place, and when and 
 
 Le covimitted), contrary to a certain by-law of the Municipality of 
 
 'v' of I '^ *^® 8*i^ County of , passed on the 
 
 day of , A.D. , and intituled (reciting the title 
 
 (the hv-law)> "'"^ ^ adjudge the said A.B., for his said offence, to 
 f rfeit and pay the sum of , to be paid and applied according 
 
 I j^nd also to pay to CD., the complainant, the sum of 
 f his'costs in this behalf. And if the said several sums are not paid 
 • rthwith {or on or before the day of , as the case may be), 
 
 T order that the same be levied by distress and sale of the goods and 
 
 1 ttels of the said A.B.; and in default of sufficient distress, I 
 Mudee the said ^.5., to be imprisoned in the Common Gaol of the 
 !'id County of (or, in the public Lock-up at ) for the space 
 
 *' days, unless the said several sums, and all costs and charges 
 "l conveying' the said A.B. to such Gaol {or Lock-up), are sooner 
 
 paid. 
 Giren under my hand and seal, the day and year first above writ- 
 j at . in tbe said County. 
 
 [L.S.] J-^' jp 
 
 46 V. 0. 18, s. 428. 
 
 317 
 
 
 
 ^'•:;Nt;i 
 
 '1 ' • ; 
 
 • 1 r 
 
 ; 1 t 
 
 ^ 
 
 Division V.— Execution against Municipal Corporations. 
 
 fmeedings on Writs of Execution. Sec. 428. 
 hnicipal Officers, also Officers of Court. Sec. 429. 
 
 428. Any wiit of execution against a municipal corpora- Proceedings 
 ion (a) may be endorsed with a direction to the sheriff to executton' 
 
 |e council of the particular municipality. Beg. v. Osier, 32 U. C« 
 L B. 332. The omission of the date or title of the by-law would 
 |t be fatal to the conviction, if the by-law be in other respects 
 
 iciently referred to. (lb.) But some reference to the by-law is 
 
 lessary. In re Livingstone, 6 P. R. 17. 
 
 ||a) A municipal corporation being liable to be sued, is liable to the 
 [sequence of a suit, viz., execution. As the assets of the corpora- 
 B are not the property of the members of the council, but of the 
 lople whom they represent, the fprm of proceeding by execution 
 linst such a corporation must, under certain circumstances, differ 
 1 that of proceeding by execution against an individual. If it were 
 ^for the provisions here made as to execution, it would seem that the 
 neu;, creditor's principal remedy would be by writ of mandamus. 
 I Dillon on Municipal Corporations, 3rd ed. sec. 850. It would 
 that the private property of the corporation, t. e, such as is 
 for profit and free from any public trust, may be sold under 
 
 i^i 
 
 ! r, I ,? 
 
 ■■i,|/ r! 
 
'M, 
 
 1^ ]'?" 
 
 318 
 
 THK MUNICIPAL MANUAL. 
 
 agaiuit 
 
 mun' 
 
 tiei 
 
 Sberift to 
 deliver copy 
 of writ and 
 •tatement of 
 claim to 
 treasurer. 
 
 If claim not 
 paid, rate to 
 
 b- 428. 
 
 idpai!. ^®^y *^® amount thereof by rate, (b) and the proceeding, 
 thereon shall then be the following : (c) * 
 
 1. The sheriff shall deliver a copy of the writ and endo 
 ment to the treasurer, or leave such copy at the office ^^ 
 dwelling house of that officer, with a statement in writing of tli' 
 sheriff's fees, (d) and of the amount required to satisfv tl 
 execution, including in such amount the interest calculate 1 ^ 
 some day as near as is convenient to the day of the servicp 
 
 2. In case the amount, with interest thereon from the d 
 oe Btruok by mentioned in the statement, is not paid to the sheriff with" 
 '**"'■ one month after the service, the sheriff shall examine tl« 
 
 assessment rolls of the corporation, and shall, in like maun • 
 as rates are struck for general municipal purposes strike 
 rate sufficient in the dollar to cover the amount dueontl 
 execution, (e) with such addition to the same as the slieiiff 
 
 execution. lb. sec. 576. It never could be intended bv th 
 Legislature that executions could be enforced against property lidilt ' I 
 public purposes, such as public buildings, hospitals, school houses (* 
 lb. Scott V. Union School Sections of Burgess and Bathunt in [? 1 
 C. Q. B. 28. There is certainly no right, independently 
 statute, in the creditor to resort for payment to the private pronertv I 
 of the inhabitants. Horner v. Cofff-e, 25 Miss. (3 Gush.) 434 
 
 (6) The writ may (not must) be endorsed with a direction totiel 
 SherifiF to levy the amount by rate. The writ may also be endorsed I 
 as in the case of writs of execution against individuals, either J 
 levy of goods or lands (or as the case may be) of the Corporation J 
 which event a rate would not be contemplated, and probably tt 
 not be necessary. See Chicago v. Haaley, 25 III. 595, 
 
 (c) If the writ be endorsed to levy the amount by rate, thei 
 ceedings shall be as directed. 
 
 {d) The sheriff is not entitled to poundage on writs of executiii 
 against municipal corporations, unless he actually make the mouej 
 Grant v. Hamilton, 2 U. C. L. J. N. S. 262. Where a settlement J 
 obtained by means of the pressure of the sheriff, he is entitled to iT 
 paid reasonable compensation for the services performed, althou 'h 
 special fee be assigned for such service in any statute or table ot con 
 lb. If the sheriff make the money, it would seem that the mi 
 virtually executed, and that he is entitled to poundage, thougiij 
 may under this section have levied a rate to collect the amount. 
 See further, Nash v. Dickenson, L. R. 2 O. P. 252 ; Bisseicks v. 5 
 Colliery Co., 36 L. T. N. S. 800 ; Boe v. Hammond, 2 C. P. D.; 
 
 (e) It is the duty of the sheriff to strike a rate " suflScient, ' 
 No provision exists for the striking of a second rate, in the evenlj 
 the first proving insufficient. If the amount levied should b«« 
 than sufficient, provision is made for the disposition of the anrpli 
 Sub-s. 5. It would appear to be necessary, where there are in j 
 hands of the sheriff at the same time several writs of eiecilj 
 
 s. 429.] 
 
 deems suffi( 
 collector's ] 
 probably be 
 
 3. riiesli 
 
 imder Lis ha 
 
 respective co 
 
 every precepi 
 
 after reciting 
 
 to satisfy the 
 
 precept, conu 
 
 respective juri 
 
 ill the maimer 
 
 fates ; 
 
 i In case at 
 
 after the 
 
 receipi 
 
 I rate roll deliver 
 
 Icoluiuii thereto, 
 
 j Township" Cor aj 
 
 jforeach executic 
 
 I tlie amount by si 
 
 jperson respective 
 
 Icution rate as afo 
 
 (required to make 
 
 nni to the sheri 
 
 lifter deducti 
 
 5. The sheriff J 
 
 es thereon, pay J 
 
 »e SMie, to the tl 
 
 prporatioii. (n) 
 
 ^29. The clerki 
 islUor all p,„.po'J 
 rraitting or assis 
 pvisions of this 
 Billed to be o/ficj 
 
 Hiist the same cornc 
 ''■^'•'^'ity^HamiUoil 
 
 Ifthecorporatioj 
 
 remedy ft^ould be tj 
 drolls to hmj. See 
 
 Mee note rf to thiol 
 
EXECUTIONS AGAINST CORPORATIONS. 
 
 319 
 
 s. 429.] 
 
 sufficient to cover the interest, his own fees, and the 
 n tor's percentage, up to the time when the rate will 
 probably be avaUable; , 
 
 , iTijjg aiieriff shall thereupon issue a precept or precepts. Sheriff* 
 inder bis hand and seal of office, directed to the collector or Joile^orSc, 
 ' ggtive collectors of the corporation, and shall annex to '" levy rate. 
 Sy precept tlie roll of such rate, and shall by the precept 
 fter reciting tbe writ, and that the corporation had neglected 
 to satisfy the same, and referring to the roll annexed to the 
 ,recept, command the collector or collectors, within their 
 }' ecti've jurisdictions, (/) to levy such rate at the time and 
 • the mauuer by law required in respect of the general annual ' 
 
 rates ; 
 4 In case at the time for levying the annual rates next RatBroiiF. 
 
 after the receipt of such precept, the collectors have a general 
 I rate roll delivered to them for such year, they shall add a 
 
 column thereto, headed "^a;ecw«ioji rate in A. B. vs. The 
 I mjjjy,j^^j,/' (or as the case may be, adding a similar column 
 [for each execution if more than one), and shall insert therein 
 Ithe amount by such precept required to be levied upon each 
 Iperson respectively, and shall levy the amount of such exe- 
 Icution rate as aforesaid, and shall, within the time they are 
 iKquired to make the returns of the general annual rate, re- 
 
 luni to the sheriff the precept with tbe amount levied there- 
 
 p, iifter deducting their percentage ; 
 
 5, The sheriff shall, after satisfying the execution and all Surplus. 
 es thereon, pay any surplus, within ten days after receiving 
 he same, to the treasurer, for the general purposes of the 
 prporation. (g) 46 V. c. 18, s. 429. 
 
 i,'429. The clerk, assessors and collectors of the corporation Clerk, uses- 
 all, for all purposes connected with carrying into effect, or coiieou>r8 to 
 rraitting or assisting the sheriff to carry into effect, the [he^Sm'^t °' 
 pvisions of this Act, with respect to such executions, be from which 
 Bined to be officers of the Court out of which the writ ""■'* '"""'• 
 
 ynst the same corporation, to strike a rate for each particular writ, 
 p (imni V. Hamilton, 2 U. C. L. J. N, S. 262. 
 
 If the corporation withhold the assessment rolls from the sheriff, 
 jTreraedy would be to apply to the Court to compel them to submit 
 irollstohini. See Grant v. Hamilton, 2 U. C. L. J. N. S. 262. 
 
 b) See note d to this section. 
 
320 
 
 THE MUNICIPAL MANUAL. 
 
 [«• 429, 
 
 issued, and as such shall be amenable to the Court (},] 
 may be proceeded against by attachment, mandaniu' 
 otherwise, in order to compel them to perform the (lit*" 
 hereby imposed upon them. 46 V c. 18, s. 430, '*^ 
 
 Division VI. — Tender of Amends. 
 
 Tender and payment into Court in actions for nraJino 
 Sec. 430. -^^"'^ 
 
 Tender of 430. The council of any municipality, upon any claim be 
 
 compeuBa- ing made or action brought for damages for alleged nefj' 
 IcUoiTs for gence on the part of the municipality, may tender, or pay into 
 negiigenee. Court, as the case may be, such amount as they may conside 
 proper compensation for the damage sustained, and in tli 
 event of the non-acceptance by the claimant of such tendero 
 the amount paid into Court, and the action being proceeded 
 • with, and a verdict being obtained for no greater amount tbi 
 the amount so tendered or paid into Court, the costs of suit 1 
 shall be awarded to the defendants, and set off against anv 
 verdict which shall have been obtained against them (i) le. j 
 V. c. 18, s. 431. See sec. 339. ' ^^ ' 
 
 
 F:'^il 
 
 Division VII. — Contracts with members of Council void. 
 Contracts toith members of Council. Sec. 431. 
 
 431. In case a member of the council of any municipalitv I 
 members" ^^ ©it'ier in his own name or in the name of another, and either! 
 with the alone or jointly with another, enters into a contract of j 
 to be'h^id" kind, or makes a purchase or sale in which tlie corpoiationl 
 ^*tfn"*"^ is a party interested, (I) the contract, purchase or sale! 
 
 (/*) This is a most important clause. The power of the Court 079, 
 its officers is of a very summary nature. They may be punished bn 
 process of attachment for contempt in disobeying its rules or orden 
 See 2 Chit., Archd. 1710, 12 Ed. 
 
 (i) See sec. 339 and notes thereto. 
 
 (/) Where the mayor of the city of Toronto secretly contracted I 
 purchase at a discount, a large amount of the debentures ot the Citj 
 which were expected to be issued under a future By-law of the Citj 
 Council, and was himself afterwards an active party in procum 
 and giving effect to the By-law which was subsequently passed, tU 
 Court of Chancery held him to be a trustee for the City ot the proa 
 he derived from the transaction. Toronto v. Bowes, 4 Grant r 
 
 s, 431. J PC 
 
 shall he held ' 
 tiop, (m) U 
 
 Division 'V 
 
 /« Cides and H 
 Clerk of. iSec. 
 
 which decision ws 
 nphcld by the Pri 
 i corporation agreed 
 f corporation for tl 
 f profits whereof wei 
 'tiiatsuch a contrac 
 ' tbe Court of Chanc 
 Uership. Collins v. 
 Ifor the sale of goodi 
 J also a member of th 
 j.iot executed, be rei 
 imember of the muni 
 A bill will lie 
 lllleging an illegal m 
 iirliich the council, t 
 \htmon V. Bowes, 4 
 Yiton and North- We$i 
 
 In an action ai 
 ^^ent of the plaintiffi 
 p certain roads and 
 peiited to them that 1 
 h'th the persons all 
 Use orders in their 
 I certain sum to be 
 le ffork had not 
 |ommon money coun 
 1 corporation, by 
 Jited to each counc 
 Broads; and, by ai 
 I the credit of each 
 ids and bridges in tl 
 » with an establisl 
 knded the laying o 
 pendant granted sevt 
 I work alleged to be 
 m appeared that tl 
 F; There was no e 
 I defendant, or any j 
 Ion of commission on 
 ■-"ffs. The Court 
 41 
 
i3l 1 POhlCE OFFICE AND POLICE MAGISTRATE. 
 
 be held void i" any action thereon against the corporar 
 
 shall 
 tioP. 
 
 (m) 
 
 46 V. c. 18, s. 432 
 
 321 
 
 Division VIII.— Pomcb Office and Police Magistrate. 
 {See Rev. Stat. cap. 72.) 
 
 /„ Cities and Totvns. 
 Clerk of. 'S'ec. 433. 
 
 Sec. 432. 
 
 irhich 
 
 decision was aflBrmed in appeal,— 6 
 
 up 
 
 Zooration agreed with another party to 
 '"'^._.^,^^„ (nr the execution of certnm 
 
 f corporation 
 
 Grant 1, and afterwards 
 
 member of a municipal 
 
 take a contract from the 
 
 works in his name, the 
 
 fits whereof were to be divided between the parties, it was held 
 Ct such a contract was in contravention of the municipal law, and 
 
 held by the Privy Council. So where a 
 
 loration agreed with anotl 
 
 loration for the executio 
 
 its whereof were to be div 
 
 such a contract was in co 
 
 , 'QQ^Jt of Chancery refused to enforce the agreement for a part- 
 
 [ rship Collins v. Swindle, 6 Grant 282. An action on a contract 
 
 Ifr the sale of goods by a trading partnership, of which a member is 
 
 1 1 a member of the municipal council, may, where the contract is 
 
 t executed, he resisted on the ground that one of the plaintiffs is a 
 
 Tember of the municipal council. Brown v. Lindsay, 35 U. C. Q. B. 
 
 A bill will lie, by some of the inhabitants of a municipality 
 
 IiUeging an illegal misapplication of municipal funds by the mayor, 
 
 irhicb the council, though requested, refused to interfere with. See 
 
 IP,./«!0H V Bowes, 4 Grant 170 ; see also West Gwillimbury v. Ham- 
 
 hnmd North- Western R. W. Co., 23' Grant 383. 
 
 (i») In an action at law, the declaration alleged that defendant, as 
 Lent of the plaintiffs, undertook to expend certain moneys for them 
 T certain roads and bridges ; that he falsely and fraudulently repre- 
 inted to them that he had caused work to be done ; and, in collusion 
 lith the persons alleged to have done the work, and by drawing 
 Jse orders in their favour containing such representations, caused 
 [certain sum to be drawn out of the plaintiffs' treasury, whereas 
 ke work had not been done and the plaintiffs lost the money. 
 jommon money counts were added. It appeared at the trial that 
 |e corporation, by a resolution, directed that $300 should be 
 oted to each councillor, defendant being one, to be expended on 
 I roads; and, by another resolution, that $100 should be placed 
 ! the credit of each councillor, to be expended by tliem on the 
 ds and bridges in their respective divisions. This was in accord- 
 I with an established practice, by which the councillors super- 
 (ended the laying out of moneys in their respective divisions. 
 Hendant granted several orders on the treasurer to different persons 
 ; work alleged to be done, which orders were paid, and it after- 
 Ma appeared that the work, though contracted for, had not been 
 There was no evidence of fraud or collusion on the part of 
 Uefendant, or any gain to himself, except a charge to the corpo- 
 ra of commission on moneys expended. The jury found for the 
 Is. The Court ordered a new trial, holding that the special 
 
 41 
 
322 
 
 Police offloca 
 in cities and 
 towns. 
 
 i i 
 
 Clerlt of 
 police offlce, 
 and his 
 duties. 
 
 If paid by 
 salary, fees 
 to be paid 
 OTer to muni- 
 cipality. 
 
 THE MUNICIPAL MANUAL. fg. 430 
 
 432. The council of every town and city shall estal)lish 
 therein a Police OHice ; and the Police Magistrate, (n) or jn 
 his absence, or where there is no Police Magistrate, (he 
 mayor of the town or city shall attend at such polico oiUp^ 
 daily or at such times and for such period as may ho necosisiii'v 
 for the disposal of the business brouglit before him as a. ,hu. 
 tice of tlie Peace ; but any Justice of the Peace liavintf juiji;. 
 diction in a town or city may, at the request of the iVlayjr 
 thereof, act in his stead at the Police OfKce. (0) 40 V c Ix 
 s. 433 (1). , ' ■ ' 
 
 433. The clerk of the council of every city or town or 
 such other por.son as the council of the city or town ii|)j»oiiit« 
 for that purpose, shall be the clerk of the police office tlioit). 
 of, and perform the same duties and receive the saiuo emolu. 
 ments as clerks of Justices of the Peace; and in case the 
 said clerk is paid by a fixed salary, the emoluments .shall 
 be paid by him to the municipality, and forsu pait of iti 
 funds, and such clerk shall be the officer of and under the 
 ~ (p) 46 V. 0. 18, s. 434. 
 
 Police Magistrate, 
 
 [i 
 
 ^1 
 
 tin <4 
 
 count was not proved ; that there could be no recovery on the 
 cominou coimta ; ami that it was doubtful if, in such a case, there 
 could be any adequate remedy in a Court of Law. ChiUhmi v 
 Homtou, 27 U. 0. Q. B. 550. Contracts such as tlie forei'oin" 
 between corporations and members to act as commissioners, over'. 
 seers or superintendents, are now expressly authorized and legalized. 
 See sec. 479, sub-sec. 2, 
 
 (n) As to the appointment of Police Magistrates in cities and 
 towns see note d to sec. 41G. 
 
 (0) This provision seems in conflict with the provisions of the Ad 
 Renperting Police Maffistrata. See Rev. Stat. c. 72, sees. 6 and 20 
 wliioh gives power to the Police Magistrate to request a Justice of 
 the Peace to act for him and it may be that this provision will only be 
 held to apply in cities and towns where there is no Police Mafistrate 
 or where such office is vacant or where the Police Magistrate has 
 failed to request any one to act for him iu his absence. See further 
 sec. tl6. 
 
 (/)) The appointment of police clerks rests with the municipal 
 councils. The clerk of each council is to act ex officio in the absence 
 of any otlier appointment. VVhetlier he acts ex officio or is appointed 
 to act, if in the receipt of a fixed salary as clerk of the council, the 
 fees appertaining to his offict: as clerk, of the Police Court, are to 
 be paid by him to the municipality and form part of its funds. 
 See Askiii v. London District Council, 1 U. C. Q. B. 292. Where the 
 town clerk did not act as police clerk and no appointment having 
 been made by the council the Police Magistrate made an appoint- 
 ment which the council, with full notice thereof, did not repudiate, 
 it was held that the clerk must be considered as if appointed by 
 
[8. 432. 
 
 stahlish 
 n) or iu 
 at,e, the 
 ce oftlce 
 
 ecosHiiry 
 w a Jus. 
 
 B Mayor 
 V.cls 
 
 town, or 
 a[)i)oints 
 ice tliere- 
 ne eiuolu. 
 \ casfi the 
 tints shall 
 art of iti 
 umler the 
 
 ery on the 
 cane, there 
 Ckdth'iiii V, 
 I foregoing, 
 uers, over- 
 id: 
 
 cities and 
 
 of theioJ 
 
 6 and 20, 
 
 Justice of 
 
 vill only h 
 
 Magistrate 
 
 [jistrate has 
 
 ^ee further 
 
 municipal 
 the alisence 
 appointed 
 bouncil, the 
 lurt, are to 
 1 its funds. 
 IWhere the 
 ^ent having 
 jin appoint- 
 I repudiate, 
 aointed by 
 
 ij^ 1 C0MMI88I0NRHS OP POLICE. 323. 
 
 nrviaiox IX.— Board of Commt.ssioners op police and Police 
 ^ ' ' FouoB IN C1TIE8 AND Towns. 
 
 Board, mfwhers of. Sec. 434. 
 
 Potcers 0/ Cotiiniissioners, as to Wiinessea. Sec. 435 (1, 2). 
 Ouorum. Sec. 435(3). 
 
 ]feetin(/s 0/ Hoard in Cities to be public. Sec. 435 (4). 
 Ikensiwh «^c-» Hvery stables, cabs, etc. Sec. 436. 
 B\i-laws of, Itoiu authenticated and proved. Sec. 437. 
 Penalties, how recoverable. Sec 438. 
 High Bailiffs. Sec. 439. 
 Police Force, appointment of. Sees. 440, 441. 
 police regidations. Sec. 442. 
 Duties of constables. «SV. 443. 
 
 Bemuneration and Expense of Police Force. Sec. 444. 
 Constables in Towns lohere no PoliceComviissioners. Sec. 445. 
 Constables in Incorporated Villages. Sec. 445. 
 Dissolution of Boards in Tovms. Sec. 446. 
 Constables in Counties and I'ownships. Sec. 447. 
 Right of salaried constables to Fees. Sec. 448. 
 Arrests without warrant. Sec. 449. 
 Suspension from office. Sees. 450, 451. 
 
 4^4. In every city there is hereby constituted a board of Board of 
 *"*• 7 % 1. J • . 1 . T» !• commission- 
 
 commissioners of ponce, and m every town having a Police ers of police 
 
 Magistrate the council may constitute a like board; and ['^^|j'^®»^*"'* 
 
 such Board shall consist of the mayor, the Judge of the whom com- 
 
 poied. 
 
 the council, and entitled to retain the fees given to police clerks. 
 PeterboroHffh v. Hatton, 30 U. C. C. P. 455. This section applies to 
 cast'S arising both under Dominion and Provincial Acta. (lb.) Where 
 a municipal council in 1850, passed a vote assigning to the Clerk of 
 the Peace a fixed salary "in lieu of all fees," and subsequently the 
 Jury Act (13 & 14 Vict. ch. 55) was passed, it was held that the reso- 
 lution would not debar him from claiming fees allowed by the 
 Statutes for preparing jury books for the following year. Priwjle 
 and Stormo7it, Dundas and Olengarry, 10 U. C. Q. B. 254. So where 
 by the English Vestry Clerks Act, 13 & 14 Vict., ch. 57, s. 7, the 
 Vestry Clerk is to make out, when required, the poor rate and to 
 assist the Churchwardens or overseers in preparing and making 
 out all other parochial assessments or accoiints, and by the Union 
 Assessment Committee Act Amendment Act, 27 & 28 Vict. c. 39, b. 
 7, the oTerseers of a parish may charge any expense incurred by them 
 with the consent of the vestry in making out any valuation list upon 
 the poor rate it was held that the valuation list was not an assess- 
 ment so that the vestry clerk was entitled to be paid therefor not- 
 withstanding his salary as vestry clerk. Reg. v. Gumberlege, 36 L. 
 T. N. S. 700. 
 
^p 
 
 
 "(i,r' "' 
 
 II 
 
 iUii, 
 
 • ■' m 
 
 
 
 '?■' V^ ■ " "JJ 
 
 
 I .:p 
 
 J 1 
 
 
 M 
 
 ^24 
 
 Board may 
 «xiiiiiine 
 wltiietsei OD 
 oath. 
 
 Privileges of 
 witnesseH. 
 
 <iuorum. 
 
 Meetings in 
 cities to be 
 open to 
 public. 
 
 Licensing 
 livery sta- 
 bles, cabs, 
 Ac, in cities. 
 
 THE MUNICIPAL MANUAL. [„. 434 
 
 County Court of tho county in which the city or town is 
 situate, and tho Police MagiHtrate ; and in case the office of 
 County Judge or that of Police Magistrate is vacant the 
 council of the city shall and the council of tho town niav 
 appoint a person resident therein to be a member of the 
 board, or two persona so resident to be members thoieof as 
 the case may require, during such vacancy : (») but the 
 council of such town may at any time, by by-law, dissolve and 
 put an end to the board, and thereafter the council shall have 
 and exercise all powers and duties previously had or exercised 
 by the board. 46 V. c. 18, s. 435. 
 
 435. — (1) The commissioners shall have power to summon 
 and examine witnesses on oath on all matters connected with 
 the administration of their duties, (a) and they shall biive the 
 same power to enforce the attendance of such witnesses and 
 to compel them to give evidence as is vested in any Court of 
 law in civil cases, A notice to attend before the bomd shall 
 be sufficient, if signed by the chairman (b) of the board or 
 any one of the commissioners. 
 
 (2) No party or witness shall be compelled to answer any 
 question by his answer to which he might render himself 
 liable to a criminal prosecution. 
 
 (3) A majority of the board shall constitute a quorum, and 
 the acts of a majority shall be considered acts of the board 
 50 V. c. 8, Sched. 
 
 (4) All meetings of the board of police commissioners in 
 cities shall be open to the press and the public, unless other- 
 wise decided by the board. 46 V. c. 18, s. 436 (2). 
 
 « 
 
 436 — (1 ) The board of commissioners of police shall, iucities 
 license and regulate (c) second-hand stores and junk stores 
 
 (s) The intention is, that the board, when full, ahall consist of three 
 persons, and that it shall at all times be full ; two of the board con- 
 stitute a quorum. See sub-s. 3 of this note. 
 
 (o) As to the duties under the Act. S«e sees. 436, 441, 442. 
 
 (h) No provision is made either for the appointment of chairman, 
 though a chairman is intended, see sec. 437, or for a casting vote in 
 the event of a tie. See People v. Hector, itc, 48 Barb. (N.Y.) 603. 
 Acts done when less than a legal quorum is present are void. See 
 Dillon on Municipal Corporations, 3rd ed. sees. 278 et atq. 
 
 (c) Power to license and regulate a particular business does not 
 authorize the exaction of a revenue duty but only of a moderate fee 
 sufficient to cover the cost of issuing the licenses and of inspecting 
 
U6 I.J 
 
 OOj 
 
 M188IONEH8 OP POLICE. 
 
 (,/) and Hhall, alao in cities, regulate an J i;„„ .. 
 
 livery stablos, (e) and of horae^, cabs car f' *''" "^^"«'''' "^ 
 slciglm, omiiibuHos and other vehiclfw .im« i T®'*',^'"'^''' tiucks. 
 shall osfcaLIish the rates of fare to be tuk. .'.'"'"• ^^"^ "'"' 
 ^®" ''y <^'>e owners or 
 
 anil regulating them. So when tho ci^v nf~M~^L 
 
 to hcom. and roguhite junk stores, it wm}ZZ\'''^lT''''' "'"Powercl 
 
 ((/) Power iH also given to councils nf ^-4.- 
 late junk stores or shops, but as this chL ■'"!.*" ^'*''«»so and rem, 
 
 of the Imrd and the council. (Sec. 495 ( 1? J,"'"' ''etwee., cnactn,ent« 
 
 (^) The Boanl of Commissioners of r'r.i;„ ' • ., 
 1ms the power to regulate and license iverv l". V'," '""'^ ^»"eh «/„„« 
 woiil.Uppe,u- that by-laws of the councn ^^ ^*i'''''-''^ '" ^•'"ties, an if 
 ves e. n. them heco„,„ inoperative /V •"""'' "'"-'n ^'o I>ower i * 
 
 (/) There is no power under ^hia =„ *• 
 
 ti.e driver. /^.,. v.V J "J ^ R Vol^'^'Tr'^r^ ^ '^^^^^^ fee on 
 make sueh on iiiances " roor>„ <• * ower to a /.if,, ., "" 
 
 eity. St. Vharlf/, v Vr.// , , '"'-'^■s haulintr into „,/,"" P-iy does 
 
 sec^n restricted lU-S. /LI";- f^^' ^i'" >owet is"l "'.!^1« 
 ^7 power to license vehicle, uS' . '' '''''t' " ^"><' «» dolrlv e7l * "' 
 othurs for their own use T, / ^''^ "I'^'-c'hants, mam fti^ ^olndea 
 
 IMl.y8tat.6&7 Vkt ih^r'"'' ^'•'^'^^^ -*« Ma 574' "'r.rrr'^ 
 
 1-on^'ng hacks, and a penally is il,r\ '^^' P^'oviaion is' .^lY 
 iwb who shall annlJ f^„ 1 • "P*^^^*! on the dnV,./ t '^"^ ^Of 
 
 ; under that statute. W,vv/A; /.?/• ^'"S «ases havo I.I ^\'^^^'}ing 
 iKamar,, 14 (j n o'-.Z"'/' ^^^'^ 2 6. B 2t)^ /' "' decided 
 
 Sorei'uatonsarpmr.,! •"• *-d , J'ow/er v. L,u-h t i. "^ ^''■* ' '*^''«. 
 
 32^ 
 
fm^ : I'l 
 
 326 THE MUNICIPAL MANUAL. [g. 435 /,> 
 
 drivers of such vehicles, (y) for the conveyance of goods 
 passengers, either wholly within the limits of the city or fro 
 any point within the city to any other point not juore tha 
 three miles beyond said limits, and may provide for enforcin 
 payment of such rates, (h) and for such purposes shall nas* 
 by-laws and enforce the same in the manner, and to the p 
 tent in which any bylaw to be passed under the autlioritv f 
 this Act may be enforced ; (i) 
 
 (2) The council of a city in which there is do board of 
 commissioners of police, shall have and may exercise by bv- 
 luw, all the powers conferred upon the board of conmiissioners 
 by this section. 49 V. c. 37, s, 9. 
 
 (3) The board of commissioners of police shall also regulate 
 ' and control children engaged as : 
 
 (a) Express or despatch messengers ; 
 
 (b) Vendors of newspapers and small wares ; 
 
 (c) Bootblacks. 
 51 V. c. 28, s. 17 
 
 How by-laws 437- AH by-laws of the board of commissioners of police 
 thenUcated' shall be sufficiently authenticated by being signed by the 
 and proved, gijairman of the board, which passes the same; (j) and a 
 copy of such by-law written or printed aiul certijied to be a 
 true copy by any member of the board, shall be deomed 
 authentic, and be received in evidence in any Court of jus- 
 tice without proof of such signature, unless it is specially 
 pleaded or alleged that the signature to such original bylaff 
 has been forged (k) 46 V. c. 18, s. 438. 
 
 {g) The Dower "to regulate and license" vehicles used for hire, 
 wouM involve the power to establish the rates of fare to l)c takeu by 
 the owner or drivers, as well as the power to make it obligatory upon 
 such owners or drivers to carry the tariff printed in some conspicuouj 
 place, for the use of those who employ the vehicles. The Legislature 
 has not left the former part of the proposition open to mere iutereDce, 
 
 (i) The usual mode of enforcing the provisions of a by-law is by 
 fine, to be levied by distress ; and in default, by imprisonment. See 1 
 sees. 421, 422, and notes thereto. Express provision to that effect ij j 
 made in section 438. 
 
 {j) The ordinary mode of authenticating a municipal by-law, ie to j 
 have it under the seal of the corporation and the signature of the 
 head of the corporation. Sec. 288. Commissioners of police are not] 
 a corporation, and therefore have no corporate seal; so that their by. | 
 laws are to be deemed sufficiently autbenticated " by being signed 
 by the chairman of the board which passes the same." j 
 
 {k) This is in effect a transcript of a similar provision made astoj 
 
 s. 440.J 
 
 438. I 
 
 police are 
 any other 
 by-Jaws to 
 be recover 
 the ])olice 
 passed, or, 
 Laving jur: 
 tbat bj-Javi 
 authority c 
 ceedings nu 
 V. c. 18, s. 
 
 439. TJie 
 bailiff but n 
 bailiff and c 
 person. 46 
 
 440. The] 
 ofcoiuiuission 
 
 the admission in 
 289, and notes ti 
 
 {1} See sec. 42* 
 
 (m) See sec. 4: 
 
 {0} Theappoin 
 whereas the appo 
 comiiiissionej's. 
 
 I}'l A constable 
 
 A. The othce wa 
 
 ' the peace. Jb. C. 
 
 tile Peace, and so 
 
 of ewry town no^ 
 
 everyincoiporated 
 
 more coiistal)les h) 
 
 towns having a J lol 
 
 I 311(1 as many eonsta 
 
 ■ Diay deem necessai' 
 
 Board reports to be 
 
 chief constable usn 
 
 , latter is, as it vvej-e, 
 
 ; It IS the duty of the 
 
 I m not of tlie hiirh 
 
 «e«tei,ced at the rec, 
 
 t 3'- t;yGry city nnis 
 
 council may suspend 
 Sec, 450. Police off 
 waters of the peace ' 
 
S. 440.] FOLIC. FORCE IN CITIES AND TOWNS. 
 
 438. In all cases where the board nf • "^ 
 
 pohce are authorized to make by-law<, :L°°™"^^«8ioners ofM«ybee«. 
 any other Act or law, they shall iavepoter'""^"''.*^^^ orSK^c 
 by-laws to attach ])enalties for the infr« T • "^ ^y such 
 
 be recovered niuJ enforced hv cr., ^™ction thereof, (l) f^ ^'°»^ 
 the police magistrate oflhe^crTorirn^f "^« ^^^^^^^^ 
 passed, or, in his absence, before anv Z ?• "'® ^"""'^ are 
 having ju.-isdiction therein, in the maLrand f n^^ P^^°« 
 thH bj-kvvs of city co.incils may be enf ? ^^'^ «^*^nt 
 authority of this Act: and the ^convinf" """^ ""d^^*" the 
 ceediugs may be in the form hereinW '" ^uch pre 
 
 V. c. 18, s. 439. ^hereinbefore set forth. (m)4e 
 
 439. The council of every citv h ]i 
 baih-ff but may provide by by-law that tT'''^ ^'^ ^ ^"^^ ^^^^^^^^nm. 
 baihff and chief constable (/) shall bl ^^..^^^^s of hi|h 
 person. 46 V. c. 18, «. 440^^ " ^^ ^^^^ by the same 
 
 (/) See sec. 420, and notes thereto. 
 
 (vi) See sec. 427. . 
 
 (o) The appointment of hieh bailiff ,. * . 
 whereas the ap.wintn.ent nfl ^*V f ^ests with the mim.-n.v t 
 
 commissioners!^ Sec 441 °"'*"^^^^ ^««*« ^^th tCboSlT"",^'^' 
 
 "^ oi police 
 
 til ( " 
 It f 
 
 
 'H'-l 
 
 "ii^y aeeni necessary : but in .wV- ""'^V^sand assistant.^ ..Vlx "'^'^^^ 
 board reports to be ako „fii ^^ *° ^« »«* less in n„t . *^ie council 
 cliief constable ns'mllv cHff ^ ^^<imTed. Sec. 44O S'^'J *^''^" *he 
 latter is, as it v.^i^ZmSti::V'''^'' of the In- J ,' n"^^^*^ ?/ « 
 It IS the duty of the sEff / ^u ""'^y ' ^^d yet it hfX ^f\ ^ he 
 and not of the hiA bamff f ^^^ «"»nty in which th^ ^?"\held that 
 ««.tencedatth«£l_^'if' *« c«"vey to th/^!:^'.^,?'*^ « situate, 
 
328 
 
 
 
 'Mm 
 
 S^B' 
 
 
 
 THE MUNICIPAL MANUAL. fg i .-« 
 
 and as many constables and other officers and assistants as fh 
 council from time to time deem necessary, (^) but in cif ^ 
 
 {q) 'J'liis section relates to the constitution and number of the fo 
 
 The only authority of the council is, subject to the provisions of Iw' 
 
 _-_..... .-._. . . .,.. .._.. See sec. 441. The pol^ 
 
 police officer is an 
 
 section, to tix the number of the force, 
 force is a force not known to the common law 
 officer not known to the common law. Being created by statute 7 T 
 an officer can only exercise such power as the statute confers on l" ' 
 either by express authority or by ne3ess.'iry inference. See Dillon""* 
 Municipal Corporations, 3rd ed. sec. 210. It is by section 443 enact*'!! 
 that constables (apparently meaning police under this Act) siiall h 
 charged with the special duties of preserving the peace, preventi ^ 
 robberies and other felonies and misdemeanours, and appreheiuli"^ 
 offenders ; and shall have "generally all the powers and privileees ai'f 
 be liable to all the duties and responsibilities which belong bi/ lawtorr- 
 utables dul;/ appointed." Where police officers are by statute invest 1 
 with tlie powers of peace officers, or conservators of the peace the • 
 have power to arrest certain offenders on view. Bac. Ab ' ' (.'onst'ililo •' 
 C. ; 1 Hale, P. C. 587 ; Taylor v. Stronrj, 3 Wend. (N. Y.)384 ; £■ 
 monweallh v. Hastings, 9 Mete. (Mass.) 259 ; Bryan v. Bates 1") iij 
 87 ; Main v. Mc.Carty, lb., 441 ; Lafferty v. State, 5 Harring.' (Del i 
 491. A constable may on view arrest persons engaged in a°breacliof 
 the peace. City Council v. Payne, 2 Nott. & McCord, (S, C.) 47,v 
 White V. Kent, 11 Ohio, St. 550; Thomax v. Ashland, 12 Ohio St 
 127. Kvery person, as well as conMahles, present when a fehiw [% 
 committed or a dangerous wound given, not only may apprehend the 
 offender, but is bound to do so. Bechinth v. Philby, 6 B & C M4 • 
 Mat/invs v. Biddulph, 3 M. & G. 390 ; 2 Hawk. ch. 12, sec' 1 ; icigt' 
 P. C. 377, sec. 1. If a private person be present at an affray,' he^nav 
 stay the affrayers imtil the heat is over, and then deliver them over 
 to a constable, and he may sto]) others coming to join either party 
 Timothy v. Simpson, 1 C. M. & R. 75'l;Inyle v. Bell, 1 M. &W 5I6- 
 2 Hawk. ch. 13, sec. 8 ; Baynes v. Breuister, 2 Q. B. 375; but where 
 his purpose is not so much to prevent the breach of the peace as to 
 prevent an interference with the continuance of the affray, the pur- 
 pose is illegal. Hickey v. Fitzgerald, 41 U. 0. Q. B. 30.3. So a pri- 
 vate person may arrest after an affray, if there be reasonable ground 
 to apprehend a renewal of it. Price v. Seely, 10 CI. & Fin. 28. Anv 
 person may arrest any other person found committing any indictiible 
 offence in the night. R. S. C. c. 174, s. 27. Any peace officer mav 
 without a warrant, take into custody any persoji whom he finds Ivino 
 or loitering in any highway, yard, or other place during the nifht" 
 and whom he has good cause to suspect of having committed or being 
 about to commit any felony. Ih. sec. 28. Any person found com- 
 mittiiig an otlence, punishable eitlier by imlictinent or upon 
 summary conviction, may be immediately arrested by any peace 
 officer, without a warrant, or by the owner of the property on or 
 with respect to which it is being committed, or by his servant, or by 
 any other person authorized by the owner. lb. sec. 24. Any person 
 found committing any offence punishable either upon indictment or | 
 upon summary conviction by virtue of l^he Larceny Art, or ThuAci | 
 respecting the protection of the Property of Seamen in the Xan/ may j 
 be immediately arrested without a warrant by any person. lb. sec. 
 
 s. 441.J 
 
 not less ill n 
 required ; bu 
 in which, by 
 .sion i.s iniklo 
 of the police i 
 
 441. The n 
 
 by and hohl tl; 
 
 i). If any per 
 paivned or delive 
 olfeuce has been 
 may aiTe.sfc tlie o( 
 the right to arres 
 reason or cause vv 
 11 Mod. 24'2, 248 
 tojiistil'y an aiTes 
 necessary that he 
 %. V. C/iapman, 
 a ivarrant to euier 
 iiiieh there is a i 
 airest any pei-son t 
 iiimirmMi v. Tobin 
 ihity as such to a 
 iiitnider. Ri>y, v. j 
 >). /'/. Ifaprivat 
 upon, on his own re 
 m;i;'istrate to issue .- 
 i; not his act. Bu) 
 EllM. U T. K. ,3i;5 . 
 
 ; >•• " '%, 4 H. & N. 
 
 I oat a «-arrant upon i 
 
 'committed and of th 
 
 Ins in fact been conn 
 
 Isiispicidiiare matters 
 
 I in- another. Lawrci 
 
 n\K'^:):>;Beckivith \ 
 
 |&.\.4I7. But a con 
 
 nperson wlio frequents 
 
 Uc Tiiimn, L. R. 5 E 
 
 larrestiiig a person for 
 
 Iv. Biihliilph, 3 M. & C 
 
 pec, 449; unless ther 
 
 \Timthi! V. Simpmi, 1 
 
 t B. IS.S, or danger'of 
 
 Ms. 1 ; % V. ira/i-e,' 
 
 ■[mr.s, 3 Coldw. ('J 
 
 praig a warrant to arr 
 M costs. SeeArnoU^ 
 
 1 tlie mere statement! 
 N the person is dan 
 jiirtlier, lirod v. Stinm 
 
 M Tlie l-'ower to ap 
 
 42 
 
329 
 
 S.441.J APPOINTMENT OF POLICE FORCE. 
 
 not less in number than the board renn..f« + u 
 requiml ; bat this section shall not affect 7 ^^^^^"*eJ7 
 
 in which, by the special Act of inooi.nn..„+^' ^?^ -^ ^^ * city 
 sion is ,nado for the appointment con' of? i^'''^"^' ^'^'^-^^ 
 of the police bj the council. 46 V n i « \^ "^^^'^agement 
 
 "^ * • t>. 10, s. 441, 
 
 441. The members of the police force ^huii u 
 by and hokl their offices at the pleasn.-^ ^Ai , ^PPointed Appoint- 
 P'easuie ot the board {r\ nr.^ mentof 
 
 ~^, ■ ^.. "' V ) and members <.f 
 
 'Id. Ir any person to whnm ov,., _.. ^ Dolioefnmo 
 
 ;;j, ir any person to whom anv n — — __ 
 
 paivne.! or (Jeliverecl, has reasonable Sefnf "'^"''^'^ ^"^ ^« sold, 
 offence has been committed on or with^! suspect that any such 
 
 may arre.sfc tlie offen.ler. Ih. sec. 26 Vf. ^''*; ^"^ '""'' Property Je 
 .1.. -ight to arrest, but good reason ;r good caurfP'^^''^ *hat gives 
 
 e 
 
 police force. 
 
 xi .0 pMvace inaividual state facts tn .. "'^ "f y lawfully do 
 ,, . -i h,s own responsibility, arrests a Vp J ''"»«*''!'^Ie. who tjfere 
 ni4'..sfcrate to issue a warrant for takint ,^ °"' '''' '^ ^e procured 
 
 ^. 11'%/, 4 H. & N. 496. A con^f.Ml • •' '^^ •^- ^x. 314 • ih-h^hnV 
 o„t. warrant upon a reasonab e stptio^/'f '^^'J '» arres i ^'S"' 
 l'.o,n,n,tte, an.l of the person being Sv of >' -^f^?"^ ^^''^^"1 ^^n 
 I ),. m tact been committed, and whet&h '*' "^^th^^'b „o "feW 
 Isiisi.icKin are matters within hisown lJ„ , 'f '•^''^sonabll groumk f7 
 |lna„otl>er. Lawrence v. //JZr S T '''^':'^'^ «'' ^'''^'^ts «tSe to^^ 
 
 |i,-\. 41/. But a constab e is jini- ,•„ °'" 5 U^Vi \. Wen-,! q rr 
 
 Iperson who frequents a hU,; ° wi.^h'"''''*^ J"««fi«f i" "rres'tin ^• 
 li'f /;■»/*«, L. R. 5 Ex 257' r^ 7^'*^ "^*ent to comn > ^ , "^ * 
 
 |rre.ti„ga'person?or a f/ll 'L"''"' ^'f ''^ '^^''^-S 7 Ex 5?n '""^• 
 
 lee, 449: unless theS" be'a b fj^of^J^''^'"' ' ^^^Z 
 Vmlhuv.Simp.'ion, 1 C M ,«- p E.^°* "^be peace in hi<? r^Z 
 
 |b 188 or.langer'of a iwafof ;V ' t"'"'"' ^- ^^-'X?f5' 
 fas. 1 ; %. V. ]ra/ker, 23 L T luV r. '^'^'^- ^'- ^''/A<, 27 L f M ' 
 
 lanngawarranfc to arrest, is not" bonn<^f'' '''^'» *hat a con stiff 
 
 MeaW-v.,S'./.^^^^ Dean, U A^m.^'^lt 
 
 1 ^I'e power to appoint inyolyes the nn . 
 
 42 "'" P'^^'^'- to remove, so it is 
 
330 
 
 Oath of 
 office. 
 
 THE MUNICIPAL MANUAL. 
 
 b- 441. 
 
 Board to 
 make rei;u- 
 lationsi. 
 
 shall take and subscribe the following oath : — («) 
 
 I A, B., do swear that I will well and truly serve our 8overe' 
 Lady the Queen in the office of police constable for the '^'' 
 
 of without favour or utfection, malice 
 
 ill-will ; and that I will to the best of my power, cause the peace t' 
 be kept and preserved, and will jjrevent all offences against the " 
 sons and properties of Her Majesty's subjects ; and that whil^"^! 
 continue to hold the said office, I will to the best of niy skill a 1 
 knowledge, discharge all the duties thereof faithfully aueortlinu to la 
 
 46 V. c. 18, s."442 
 
 442. The board shall, from time to time make .such remi 
 
 latioiis as they may deem expedient for the governinent'of 
 
 the force, and for preventing neglect or abu.se, and for ren. 
 
 dering the force etficieut in the discharge of all its duties (n 
 
 18, s. ^^-^ ' ^ ' 
 
 46 V. 
 
 443. 
 
 Constabips 443- The Constables shall obey all lawful (lirectinn? oni 
 :3BoarU. be subject 10 the government ot the board, .■mj .shall be 
 charged with the special duties of preserving the ))eace nre 
 venting robberies and other felonies and mifsdeiueaiior.s and 
 apprehending offenders ; and shall have generally all the 
 powers and privileges, and be liable to all the duties and 
 responsibilities which belong by law to constables duly 
 appointed, (w) 46 V. c. 18, s. 444. '' 
 
 to tllU 
 
 DutieH of 
 constables 
 
 Remunera- 444. The conncil shall appropriate and jiay such remiin- 
 oontingeiit eratiou for and to the respective members of the force as may 
 expenses be required by the board of commissioners of police and 
 
 l'/-^l'i: 
 
 declared that the members of the force shall "hold their offices at the 
 pleasure of the board." It was at one time held that the board hadno 
 power to fix the salaries or remuneration of the members of tlie foice '' 
 Jn re Prince and Toronto, 25 U. C. Q. B. 175, but the law is now 
 altered. See sec. 444. The members of the force are in all things 
 made subject to the government of the board. See sees. 44? and 441 
 Until the organization of the board they may be suspended by tiie 
 police magistrate or mayor. Sec. 450. 
 
 (s) The taking of the oath is obligatory, and it must not only be 
 taken but subscribed. An assault upon a constable in tlie discharge 
 of his duty is indictable, although he never took the oath of office, 
 Buttrick v. Lowell, 1 Allen (Mass.) 172; Mitchell v. liockland,i\ 
 Maine 118. 
 
 («) There may be a wide diflFerence between " a police officer "a 
 '•a constable," see note ;> to sec. 439; but under the operation ot I 
 the section here annotated there can be little, for it is specia 
 declared among other things, that the constables sliall have ge 
 rally all the powers which " belong by law" to coastables duly! 
 appointed. 
 
I 
 
 445.] 
 
 CONSTABLES IN TOWNS AND VILLAGES. 
 
 331 
 
 hall provide and pay for all such offices, watch-houses, watch- 
 h ves arms, accoutrements, clothing and other necessaries 
 the Board may from time to time deem requisite and re- 
 iie for tlie payment, accommodation and use of the force ; 
 but this section shall not affect or apply to any city in which 
 Ivtbe special Act of incorporation thereof provision is made 
 for the appointment control and management of the police 
 by the council, (v) 46 V. c. 18, s. 445. 
 
 AA(i The council of every town not having a board of ConatabieB 
 440- A"" ^"" ,• / \ 1 n 1 Ai, •^ e • 'n towns and 
 
 comniif^sioners ot police (w) shall, and the council of every in- villages. 
 
 corporated village may, (x) appoint one chief constable, and 
 
 one or more constables for the municipality ; (y) and the per- 
 
 («) It would only be proper for the board to furnish to the city 
 council some details of tlie proposed expenditure, shewing that it 
 will come under one or other of the heads authorized by this section. 
 See III I'f Trustees of BruckviUe. 9 U. C. Q. B. 302 ; In re Truntees 
 
 \f Port Hove 4 U. 0. C. P. 418 ; In re Board of School Trustees of 
 Toronto, lb. 2^ U. C. Q. B. 203 ; In re Coleman v. Kerr, 27 U. C. Q. 
 B 5 • III re School Trustees of Mount Forest v. Mount Foreit, 29 U. 
 C o' B. 422. But it is to be noted that no provision is made in 
 express terms for the giving of an estimate to the corporation. See 
 in re Port liowan TIkjh School v. \Yalsvn<jhmn, 23 U. C. C. P. 11. 
 Tlie Court, on a motion for a mandamus, is not bound to consider 
 objections, well or ill founded, to certain items in the estimate of the 
 board. An objection to particular items can form no reason for with- 
 holding, arbitrarily and without explanation, every part of an esti- 
 mate. " A different course would have to be taken to raise such an 
 objection. In re Board of School Trustees of Toronto, 23 U. C. Q. B. 
 203. If the council wholly neglect and refuse to appropriate or pay, 
 as required by the board of commissioners of police, for the purposes 
 mentionetl, there wouUl be a remedy. See In re Board of School 
 Triiiti'e-1 of Toronto, 23 U. C. Q. B. 203. The council is not bound 
 to follow the dictation of the board as to the manner of procuring 
 the money. Ih. It may be that the council has surplus funds in 
 hauil to meet demands without levying a rate. If so, the levying of 
 a rate, even though asked by the board, would be unnecessary. iSee 
 Srlml Truxlees and Gait, 13 U. C. Q. B. 511, 521. Formerly the 
 board of commissioners had not power to fix the remuneration, and 
 when the law was so the Court refused to interfere to compel the 
 i council to pay the remuneration fixed by the board. In re Prince 
 1 ml Toronto, 25 U. 0. Q. B. 175. See also sec. 448. 
 
 (k) See note d to sec. 416. 
 
 (x) The council of a town not having a board of commissioners 
 J must appoint, but the council of an incorporated village may, if it 
 hee fit, appoint. In the case of the former the duty is imperative. 
 [In the c ise of the latter the duty is discretionary. 
 
 [y] See note q to B; 440. 
 
 pflWfWp*' I' y- . !''it;';f -ail 
 
332 
 
 THE MUNICIPAL MANUAL. 
 
 ^1 
 
 ;.*''^ 
 
 Dissolution 
 of boardfl of 
 police com- 
 
 mlFfinlltTB 
 
 in tow no. 
 
 [s. 445. 
 
 sons so appointed shall hold office during the pleasure of f i 
 council, h) 46 V. c. 18, s. 446. "® 
 
 446. Where in a town there was on the 24th day of March 
 1874, a board of commissioners of police constituted uiuIp 
 the Acts then in force resjjccting municipal institutions in 
 this Province, the council of the said town may by by-law 
 dissolve and put an end to the board, and thereafter the coiin. 
 cil shall have and exercise all powers and duties which inirr|,t 
 under said Acts, have been had or exercised by the boawi' 
 and unless and until so dissolved and put an end to thd 
 board shall have and exercise all the powers and duties which 
 but for this section, would have been exercised or had bv tlJ 
 board. 46 V. c. 18, s. 447. ^ 
 
 447. The council of every county and township may appoint 
 one or more salaried constables for the municipality to iiold 
 office during the pleasure of the council; every such coiistaWe 
 and any city, town or village constable shall have the same 
 powers and privileges, and be subject to the same liability 
 and to the performance of the same duties, and shall be sub- 
 ject also to susjiension by the Judge of the County Court in 
 the same manner, and may act within the same limits, as a 
 constable ap|)ointed by the Court of Creneral Sessions -ij V 
 c. 32, s. 23 (1). 
 
 Kightfl of 448. Where any salaried constable is appointed for any 
 
 coifs'tKbieRtoUiunicipality, whether by the municipal council or by police i 
 fees. commissioners, the council may agree that such coii,stable slial ' 
 
 keep, for his own use, his fees of office, or the council uiavj 
 require that the said fees shall be paid to the municiiwlj 
 treasurer for the use of the municipality, (a) 47 V e Hi 
 s. 23 (2). 
 
 Arrests by 449- In case any person complains to a chief of police, orj 
 foraiWfied to a constable ill a town or city, of a breach oftiiepeacs 
 breachep ftf having been committed, (b) and in case such officer Jiasreasoii 
 
 the peace not * ' ^ ' ^ 
 
 County and 
 
 township 
 
 constables. 
 
 Their 
 powers. 
 
 (;:) See note r to sec. 4-41. 
 
 (a) See Corporation of Stratford v. Wilson, 8 0. R. 104. 
 
 (b > The object of this section is to remove doubts as to^the aiithoritj 
 of the peace otiicers named to make arrests without warrant for 
 deineaiiovt not committed within tlieir view. See note q to sec. ■ 
 Caution must, however, be exercised in making arrests under snd 
 circumstances. A magistrate's warrant is a great shield. Uliei 
 an arrest is made without it, if it should turn out that the provisioi 
 
 'ii&.4^..^:.>£! 
 
 mffr. ^, 
 
e> 
 
 SUSPENSION OF CONSTABLES. 
 
 333 
 
 s. 450.] 
 
 believe that a breach of the peace has been committed, f^^^J^^** 
 :? jj not in his presence, and that there is good reason to present. 
 
 nrehend that the arrest of the person charged with com- 
 *utting the same is necessary to prevent his escape or to pre- 
 " t a renewal of a breach of the peace, or to prevent 
 immediate violence to person or property, then if the person 
 complaioing gives satisfactory security to the officer that he 
 viU without delay appear and prosecute the charge before the 
 Police Magistrate or before the mayor or sitting Justice, sucli 
 officer may, without warrant, (c) arrest the person charged 
 in order to his being conveyed as soon as conveniently may \ 
 be before the Magistrate, Mayor or Justice, to be dealt with 
 according to law. 46 V. c. 18, s. 448. 
 
 450. Until the organization of a board of police, every untii a board 
 Bayor or Police Magistrate may, within his jurisdiction, sus- ^,^^^^^^^ 
 uend from office, for any period in his discretion, the chief mayor, &c., 
 constable, or any constable of the town or city, and may, ifSw'^"** 
 be chooses, appoint some Qther person to the office during *J*^*^*^' 
 such i)eriod ; and in case he considers the suspended officer &c. ' 
 
 deserving of dismissal, he shall, immediately after suspending 
 him report the case to the council, and the council may dis- 
 miss such officer, or may direct him to be restored to his 
 office after the period of his suspension has expired ; (e) and 
 the city council shall have the like powers as to the high 
 bailiff of the city. (/) 46 V. c. 18, s. 449. 
 
 of this section have been neglected, that the wrong person is arrested, 
 the officer might be held liable to an action for false imprisonment. 
 
 (c) Statutes authorizing police officers to make arrests without 
 warrant, being in derogation of personal liberty, should be strictly 
 construed. Low v. Evans, 16 Ind. 486 ; How v. Beckner, 3 Ind. 47^ ', 
 Yandeveer v. Mattocks, lb. 479. Although police constables may 
 ; arrest without warrant for crimes, it does not follow that they have 
 the power to do so in the case of lesser offences. See Galliard v. 
 laxton, 2 B. & S. 361 ; Jieg. v. Chapman, 12 Cox 4 ; Codd v. Cabe, 
 13 Cox, 202, 5-. a lEx. D. 352. 
 
 (c) During the suspension the suspended officer is incapable of 
 [ acting in his office except by the written permission of the mayor 
 
 or Police Magistrate who suspended him, and is deprived during that 
 [period of all salary or remuneration. Sec. 451. The restoration to 
 I cfice is only to take place "after "the period of his suspension has 
 [expired. If a person be illegally suspended from the duties of his 
 Icffice, it may be that a mandamus will lie for his restoration, sed qu. 
 Iwhen the office is one during pleasure. See Rex v. Barker, 3 Burr. 
 J1206; Willcocks' Municipal Corporations, 368, pi. 74, 75; lb. 377, 
 
 jl, 96 ; Angell & Ames on Corporations, sees. 702, 706 ; 3 Bl. 
 KCom, 110. 
 
 (/) The power of appointment of the high bailiff is vested in the 
 
 
 ''i 
 
 If, .,,'ihf;,PK:lMtfiliiBiil 
 
334 
 
 Incapacity 
 of luch 
 officer to 
 
 act. 
 
 Salary to 
 cease. 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 451. 
 
 451. During the suspension of such officer he shall not I 
 capable of acting in his office except by the M'rittcu pon ' 
 sion of the Mayoi- or Police Magistrate who suspendf-d hii 
 iior dul'ing such suspension shall he be entitled to aiiysak' 
 or remuneration, (h) 46 V. c. 18, s. 450. ^ 
 
 If! 
 
 Division X — Court-Houses, Gaols and Piacks of Impri.sonmi;\ 
 
 Erection aiid care of. Sees. 452-469, 472-475. 
 Furniture. Sec, 470. 
 
 Insurable Interest of Corporations. Sec. 4:1 \. 
 Expense of prisoners. Sec. 476. 
 
 County 452. Every county council may pass by-laws for eif>phn» 
 
 council may . . " ■, . . ."' ,* '' , , ^'i^i/Uiiij 
 
 pass by-laws improving and repairing a court house, ^aol, house of cor- 
 
 bunding""** rection, and house of industry, {a) upon luiul being the pio- 
 
 perty of the municipality, and shall preserve and kcei) tlie 
 
 same in repair, and provids the food, fuel and other supplies 
 
 required for the same. 46 V. c. 18, s. 451. 
 
 
 
 ns 
 
 i-i 
 
 council of the city. Sec. 439. The power of suspension from dutv 
 is therefore properly vested, by this section, in the same body. 
 
 (h) When restored, his restoration can only take effect "after the 
 period of his suspension has expired." The suspension is tlicrefcrea 
 deprivation of office for some certain period. During that period 
 another may be appointed to the office. See sec. 450. Tliat otlier 
 if appointed, would, in the absence of agreement to the contrary be 
 entitled to the salary or remuneration. 
 
 (a) The court house, from its very name as well as from the pro- 
 visions of law requiring the erection of a gaol and court house in every 
 county or union of counties before they are constituted separate muni- 
 cipal authorities, (see sec. 43), is a building devoted to and intended 
 for certain public uses. The municipal corporation may be consid- j 
 ered as holding the building, for and subject to these uses, and would 
 be guilty of a breach of trust and, as regards the Courts of Justice, 
 of a high contempt, if they pretended to prevent its use for suilil 
 purposes. Per Draper, C. J. , in Huron and Bruce v. Macdomild, J j 
 U. C C. P. 280. Gaols have always been considered of such uni-f 
 versal concern to the public, that until powers were conferred upon. 
 municipal corporations to erect them, none could be erected exee|i{j 
 by authority of Parliament. Rex v. Newcastle, Dra. 214 ; see alsq 
 Beg. V. Lancashire, 11 A. & E. 144. But now, where a municipal 
 corporation, having power, authorizes the building of a gaol and 
 court house, the builder may, on the completion of the work, sue tlif 
 corporation for his money. Keating v. Simcoe, 1 U. C. Q. B. 24 
 even though there be no contract under seal. Pirn v. Onlario, 9 UJ 
 C. O. P. 302, 304. But see Silsby v. Corporation of DmnvUk,^ . 
 R. 524. The corporation, however, is not liable to be sued for tlii 
 
335 
 
 Ing 
 
 If 
 •housu 
 
 a 455.] COURT-HOUSES, GAOLS, ETC. 
 
 453. Emy county council may whfin 
 
 miNiied to 1)0 erected within the Jimif' / °°!''''^ house is Ami for 
 
 kwH tov cutonng upon, taking, usirur „ i ^^^>^' pass by- ffl'r'-'i 
 
 la,.;l«s .nay be necessary or convSt f'^ r'i""-'«-^' sucV'-tt 
 
 ,s(ioi, court house. 46 V. c. 18, s. 452 ' ^ l^"''Poses of " '"""• 
 
 454. The gaol, court house and hn 
 the county in which a town or city ,^? °^ correction ofOaoi,.„, 
 piii|)o.s(^s from a county, (d) is situu/J , ,.^''Pamted for all f''"'''-h»u«e» 
 
 sii.ill in the ca.se of such oifv n^ *• '^ ^^^n or city nnrl. ••""* 
 
 eounciiofthocityother.LXrT„d:? ^- -^^^^^ 
 ,,n koepor of tJ,e gaol and house of 'conlr^ "^V'^' S^'^^^^> 
 ml .snteJy keep, until duly discharged ?.!?'''' ''^^^ '•««eive 
 t oreto by any competent authority of thj r^""' ^^'"'"itted 
 4(3 7, e. 18, s. 453. •'^ °^ '^Qe town or city, (c) 
 
 455. The council of any city m 
 
 and ,.rovi.le for the proper Iceepin/oTa'^coTrfr' ^"^P^'*^^- ^'•'— ^'^ 
 
 — -^ _^ ^*^"^* nouse, gaol r^"«^t. 
 
 use ami occiination of ,1 rnnr., ,, — — _ _5.' ?''''''tiu 
 
 use 
 I, of 
 
 e ml occupation of a room en^a^ed Im ^^ T ~^-— J 
 
 ,.> a court room, Dark v ff„rn?.^\ ^ *"® sheriff for fk^ „ ^^ 
 
 public 
 •""'idings. 
 
 uuitmuiuius CO coinnel a on,„,4. -""'«' Has refiiso/l „ i "' 
 
 N'.o///.-/>/,sS;>/r;ot^ to bnin^e^I'i^^f^r « 
 
 to. B. 574. Incise the in«r>l T ^-/^"^on I)>..,(r!r/ A, •/* ^^"se. 
 
 Lthecom„,o„glol Vaffon^''.^^ P"««ns aha af T' - ^^ ^' 
 Lome unsafe or unfit fo^ff"""*^ «'' «'*y is o„! ^J '^">' .t^me find 
 
 t .loea not affoH rfe?/:™y "^*\*^-S"eVthS f.°* 
 
 1 24. Similar proSns as to r^T^ repivs.^^ J«^ ^« f"^pelled 
 [f'-l Wfaere a city or toln s IZ ^^^ '^''^ ^-'e'by st ^^e'''' 
 }« y.n which .tuate, thfs ^30 oT^*: d'?/ "^^ ^^P-e W,. 
 I W If the committal be for a cerfclw '"^PPJ'cable. "" "'^ 
 
 la line or costs be sooner nair? fh u *""^' ""'ess a fin« i 
 
 ' ''^^'^fty- South- 
 
336 
 
 '§MM 
 
 Lockup 
 houMuH may 
 be oHtiib- 
 linheil b/ 
 county 
 council*. 
 
 A L'onstftblo 
 to bt> placed 
 in cbnrge. 
 
 Loci; lip 
 houses. 
 
 out 
 
 THE MUNICIPAL MANUAL. [^ ,rr 
 
 house of correction and house of industry upon lami^ I ." 
 the i)roperty of the municipality, (e) and may j.ass by-ljii*'' 
 for all or any of such purposes. (/) 46 V. c. 18 ». 454 ^ 
 
 456. The council of every county may establish and main 
 tain a lock-up house or lock-up houses within the count 
 (f/) and may establish and provide for the salary or fees t^,' 
 be paid to the constable to be placed in charge of tnerv I 
 lock-up house, and may direct the payment of tin; salary 
 of the funds of the county. 40 V. c. 18, s. 45.5. 
 
 457. Every lock-up house shall bo jjlaced iu tlie cliai<»e of 
 a constable specially apiK)inted for that purpose by the Mm; 
 istrates of the county at a General Sessions of tlie Ppv 
 therefor, (h) 46 V. c. 18, 456. 
 
 458. The council of every city, township, town, and incor- 
 porated village (i) may, by by-law, establish, niaiiitiiiu and 
 regulate lock-uj) houses for the detention and iiniji-isou. 
 ment of persons sentenced to imprisonment fur not more 
 than ten days under any by-law of the council; and of )ei 
 sons detained for examination on a charge of hayjtii' com- 
 mitted any otience; and of persons detained for transmission 
 to any common gaol or house of correction, either for triuj or 
 in the execution of any sentence ; (k) and such councils sba 
 
 (e) Tlie gaol, court-house and house of correction of the county in I 
 which u city is situate is to be the gaol, court house and house of I 
 correction of the city, till the latter municipality otherwise direct, 
 Sec. 4u4. 
 
 (/) See note a to sec. 452. 
 
 {p) A " Lock-up House " is a place for the temporary coafinementl 
 of a prisoner, or of a prisoner committed for a short space of time,! 
 The gaol is for the whole county, but in each county or union o| 
 counties there can be only one gaol, and that situate in the countjl 
 town. But there may be several lock-up houses, and situate wherJ 
 most convenient. Councils of counties only are by tiiis sectio| 
 authorized to establish lock-up houses. See seiis. 458, 4.59, as 1 
 cities, townships, towns and incorporated villages. As tothedutj 
 of maintaining these places of imprisonment, see Crawford v, Buitim 
 39 U. C. Q. B. 31. 
 
 (A) While the gaol is to be placed in the care of the sheriff, sej 
 464, each lock-up is to be placed in charge of a conataljle. .f/wiaij 
 appointed for that purpose by tlie Magistrates at a General Sessio^ 
 of the Peace. 
 
 (i) Counties have the power under a dififerent section. Sec, 458,1 
 
 {I') In no case should the detainer in the lock-up of persons j 
 
 longer than mentioned, or for any other purpose than mentiona 
 
 _. ('«) The power to m 
 litisap rehended, incl 
 Itotfie terms on whicl 
 
 luentaiid maintenance 
 ■paid either by salary oj 
 
 ^(«J At first these pow 
 
 «.8ecs.4]5,4l9); the 
 
 j^d now again permisj 
 
 Jp' and lief uge are ;^ 
 
 W See note w, supra 
 ' 43 
 
337 
 
 8.460(3.)] INDUSTRIAL FARMS. 
 
 have all the powers and authorities on, r 
 
 councils in relation to Jock-up houses (/r''*46 y ''"'""^•'^ 
 
 469. Two or more niunicipajities m • ' 
 
 ami maintain a iock-up house, (m) ' 4fl v ""^Jo *° establish ■'-fntiook.uD 
 
 \ / *" *. C. 18, .s. AriR *'oime». ^ 
 
 460-(l) The council of every 
 separated fron. a county may Hcquiinn^e'st^ll^ •°', *"^"" '-""-y ,. 
 property for an industrial farm, and mJl . , f "' ^'^"''ed ,"<^^<JuiredC 
 industry und a house of refuge, a„d"'"^.;,t;'^''^\" ^ 
 the erection and repair thereof I'l {" /['^ ''^ ^^y-'^i^^ foi l'' '"'''"S 
 pay.nentanddutie.sof inspectors kee J ■ '^'f "i'P""'tment, '""•^''■^■ 
 servants for the superintendence cai-« ^''^ '^"^ '"'^ "ther 
 such houses of industry or refu<re ' anrJ ,•, i •. ""''"'^«ement of 
 rules ami reg.dations (not re],uffnant inU w^' '""""«'' '""ke • 
 
 meat of the same, (n) ^ ^ ^^ ^^ ^'*^) ^or the govern- 
 
 (2) Two or more united counti^« 
 
 ..f^'aous counties, or a city and oL Z *'"'' ""' more Proviso a, ,„ 
 a town and nnA n- '' " ""e or more r.r..,.,A;„. united or 
 
 * 7 -"v^.w uiubtja countifkQ 
 
 oonti-uous counties, or a city and aL °'" *''''' °'' more Proviso a,, 
 or a town and one or more ponnf ^'* '""'"« counties "'"ffdor 
 
 .ly one house of indust?; or "'ej t' 7''' ''^'''' '^ hZ'Ser 
 
 , , — ^ "» Hiure countiP* «,, -"uuues, 
 
 only one house of industry or refnJL' f^ ''^'^^ ^o Jmve 
 contiguous counties, or city and o !*^'' ^"'^'^ ""^^ed or 
 counties, and maintain and keei, up tL"" '' .°'' *«^n and 
 herein provided, (o) ^ "^ *^^ sa«ie in the manner 
 
 (3) The council may provide hv \ i 
 ..ch persons as may be sent to sik inrln^f -^ ^'" ^'equiring Power to 
 PK to work on the said farm, o' ^1; toil- '™ "' ^''^-''^'XR 
 
 ______ ^ '^ o^ service for '""ustriHi 
 
 Excess in any of these Dar<-,ir.,,i„.„T~ ~7"^ ■ '*""»' &c , 
 
 9'- 
 
 , W Tlie power to unite in PsfnKi- u- 
 
 ;;ap rehended. jncludL'^th: pttf J? f"! '"aintnining a lock un 
 to the terms on which eioh c> i. ^° make a vali<l « 'ocK-up, 
 
 knt and maintenance The ^^^ contribute to«Sl S f 1'?* ^« 
 
 paideitl>er by salary?; fe^' ^^«P- -{ a county "llJ^kt/tty't 
 
 I («) At first these powers wpr« i 
 
 43 
 
 I' ,1 
 
 i1;'' 'If iJ 
 
 
 I II 
 
 lllf'I'il! 
 
 li 
 
 ill 
 
 f 
 
 i 
 
 > I "! I 
 
I 
 
 
 
 rsH 
 
 to work 
 thurHoii 
 
 Inipnctorn 
 to kei.-p anil 
 rendor 
 aocountfi ' f 
 expenses. &c, 
 
 TIIK MUNKMPAL MANUAL. ["• tCO (.'U 
 
 tlio Niiiil inunioipiility, at such timoH, and for such houpH n,^^ 
 at Huoh triulo oi- lal)()m* an tluiy may appoar to Ixt adapted t'l 
 respootively, and for l)uyin;|[ and solliii^ iniitt!rial tlKMcf,,.. 
 and for iipplyiM<^ tlio earnin<^s, or parts tiKM'oof, of ,siieli iicr 
 sons for tlitdr niaintnnancj) or tho niaintonaiico of tlm wll'. 
 and child or wifo or childron (if any) of nuch ptMsons or f, 
 tho gcMieral inaintonancM! of tho farm or other pla(;(> as ivfo.,. 
 said, or for aiding such porsons to roacli thoir frinuds (if .i,,.,| 
 or atiy phico to whioh it may bo deemed advisahhi to soml 
 them. 40 V. c. 18, h. 459. 
 
 (4) Any two or nioro locnl municipalitins shall have tlu. 
 samo powers and rights as to acqniring. holding and iiiaintain^ 
 ing an industrial farm, or acquiring, erecting and niaintnin 
 ing a house of industry or i-ofugo as ivny county or city oi- 
 united or contiguous counties or city or town juul coiintv 
 now iiavo under and by virtue of this Act or otherwise nnil 
 may an-ang(» with .any other local miinici[)ality or niumVi. 
 palities for the admission upon such terms and conditions us 
 may \w agreed upon botwoen them, of such other iociil miini- 
 cipality or municij)alities to a joint owner.ship or oceuimiicv 
 or right of user by said other municipality or niunicipulitips 
 in or of said farm, liouse of industry or refuge, Auv pur- 
 chase or grant to or acquisition by two or more locarinimi- 
 cipalities of any such farm, or the erection of any sueli jiousc 
 of industry or wfw^c, or any agreement or by-law therefor 
 or any agreement or by-law for the admission of any otliw' | 
 local municipality to such joint ownership or liglit of u.seror 
 occupation made, entered into or passed bc^fore the pn.ssinc of 
 this Act shall bo as valid and binding for all purpcsos* us 
 though made, entered into or passed after the pas.sinf» lieroof. 
 
 (f)) All the provisions of this Act relating to industrial 
 farms, houses of industry or houses of refuge respectivelv 
 shall apply to any such local municipalities and to anV 
 industrial farm, house of industry or houae of refii"e 
 accpiired, erected, occupied or maintained thereby as fully as 
 to any other municipality or municipalities in the preceding'! 
 sub-section mentioned, or to any industrial farm, hou.se of] 
 industry or house of refuge acquired, owned, erected, occupiedl 
 or maintained by them, or any of them. 51 V. c. 28, s. 18. | 
 
 461. The inspector of a house of industry or refugei 
 appointed as aforesaid, shall keep an account of the charges| 
 of erecting, keeping, upholding and maintaining the hotis 
 of industry or refuge, and of all materials found and furnislie 
 
 
thorf.for toffotlior with the „„„„., „- ., 
 
 II ""HI (lie nnrnofl nf »i 
 
 into f/io iu.usc, H« well as of thorn. ,|,V i P'*''«on.s rfic-iv 
 
 tho county council every yo„,, ...'^ ^ T" '" '•«"<'"'-' t, 
 l-yajvoflH, council; (,,) „„,, ,^ .o'"^"."/"^' "'■'"'' ''7 ^ 
 rented to the Legislature. 46 V n i """"^^ «''^'l U^ ,L 
 
 462. T/io council of every citv n,. 1 X 
 
 1. for erectiiiff finrl /...*„i.i.M . •'••pw.cu 
 
 uui 
 to 
 '>y a 
 
 or 
 
 1 LI ,. V "J -laws may 
 
 1. !• or erecting ami esfnJ.i.vi • •'••pw.cu 
 
 , on «-'..inclitrial^tl:^t'^-i;|fn the eit, or town H"- 
 Hio cor,,o.a(ion for public ;xhi 1,'uonJ'^ ^"''''""'' ''"'<' ^^"---tion. 
 iou.so of correction, and fo, ^'^^ " 7; " ,vvork-hou,so or 
 thereot; '^^"^"ting the governn.e^ 
 
 n f.i . . . 
 
 2. For committing and sendin 
 
 UK 
 
 (?) The duty to ren(Ier f ho „ ^ ^ — — — 
 
 h'7' - ^''^ --i"/o?r,7C' *o the eo.,„t, eo«. ^, 
 I .^) The persons specified i„ 36 V . 
 KiuHiigciit persons w],o a " i, Ja m '^^' «• ^^^, are • n> .„ 
 II persons withonttJ.emeanJy'''' °^ «"PPortiL 'J ^" Poor 
 "ly to work, and who .-Lf ^ "^"lai'itainiiilr <■!.! "^, *''«'»se]ves • 
 
 >g.o; lawful business suffi!?* J 'j^"' '^"^ exercSii.I I " ^^''^"""^ 
 fiDglWAmlallsuchassni f'l! *° gain oi nl"^ "" ordinary 
 
 l« to the neglect :;:^;«?"^,^^ '^"^ Ker7v''" '°"««^ 
 
 [W I^'orkhouses or houses of . ''' *' ^^ ^'^S" vatan'' 
 
 Ipumshment, for th^ « ■ ^^^rection ai-A ;«* , ^"grants. 
 
 lleft to the determination ofVer "'''".' "«'''« tobe"^'*^ ^""witlmut 
 I '^® «o"ncil by by-law. ^on^mitted 
 
 
'n 
 
 r ha ifi' n wi, i i* Hal 
 
 340 ' THE MUNICIPAL MANUAL. [g, 452 9 
 
 deemed to be within the municipality and the jurisdictinn 
 thereof, (t) 46 V. c. 18, s. 461. ^ 
 
 3. Foi* erecting and establishing within a city having a 
 populaiici of 50,000 and upwards an institution for the recla- 
 mation and cure of habitual drunkards. 
 
 4. For committing and sending with or without hard 
 labour to the institution for the reclamation and cure of 
 habitual drunkards by the mayor, Police Magistrate or Justice 
 of the Peace, while having jurisdiction in the municipality 
 such drunkards as n,re set forth or referred to in section 369 
 of chapter 48 of the Acts passed in the 36th year of Her 
 Majesty's reign, and as may by the council be deemed and 
 by by-law be declared expedient. 
 
 5. In the eveno of any city establishing an institution for 
 the reclamation and oure of habitual di'unkards under the 
 provisions of this Act, sections 97 to 108, both inclusive of 
 chapter 246 of the Revised Statutes of Ontario, 1887 shall 
 be applicable thereto as if such institution had been named in 
 said Act. 51 V. c. 28, s. 19. 
 
 SrecZn! 463. Until Separate houses of correction are erected in the ; 
 
 t-rected, tiie ' several counties in Ontario, the common gaol in each county 
 
 gaol" 'are respectively shall be a house of correction ; and every idle j 
 
 constituted and disorderly person, or rogue and vagabond, and incorrigible] 
 
 correction, rogue, and any other person by law subject to be committedl 
 
 to a house of correction, shall, unless otherwise provided byl 
 
 law, be committed to the said common gaols respectively (ui 
 
 46 V. c. 18. s. 462. " ^ 
 
 Custody «i 
 gaols. 
 
 464. — ( 1 ) The sheriff shall have the care of the county gaol 
 aol offices and yard, and gaoler's apartments, and the appoint 
 
 gaol 
 
 
 
 (t) Municipal councils cannot in general acquire property for anl 
 purpose without the limits of the municipality. Here the' power I 
 to erect and establish a workhouse "within or without" thecity^ 
 town. But for all the purposes of the section the property is, ' 
 obvious reasons, to be deemed to be within the city or town, andt 
 jurisdiction thereof. See note k to sec. 20, and note b to sec. 282, j 
 
 (m) Gaols are designed for the imprisonment of criminals whi 
 reformation may or may not be an object of the imposition of puni^ 
 ment, but where the person, although not a criminal, is idle, disordi 
 ly, a rogue or a vagabond, the house of correction, if any, is 
 proper place for his incarceration. The county gaol is to be usedj 
 such a purpose only where, in the particular county, there is no JMj 
 of correction. See note r to sec. 462. 
 
 I:, a-. 
 
 i '■'•! 
 
 im&ki k 
 
s. 466.J 
 
 COUKT HOUSES AND GAOLS. 
 
 341 
 
 >e-s. 
 
 ment of the keepers thereof, (a) wim i 
 
 fixecl by the county council, subject fo fK T^'''es shall be Keep, 
 
 ment of the Inspector of Prisons and P.^/T n?" ""'' ^^•^"ire- 
 
 (2) Every appointment, or dis.niss-d of T'''"' ^'^■ 
 
 bject to the approval of the LieutPnn,.^^ ^'*°'^'' ^^all be Appoint- 
 
 18, s. 463. ■^'''"tenant-Governor. 46 V T"*: ""'^ 
 
 > ^^ V . aisuiisgai of 
 
 sn 
 
 c. is, s 
 
 ubloIqts 
 
 465. The salarj of the gaoler shall b ' v 
 perquisites or impositions of anv'sorf r...V-" , " °^ ^'^ fees, Oaoi«rto 
 „o gaoler or officer belonging l the lol"shri "t""'" ^' -^^iSMT"- 
 receive any fee, perquisite or other n«,rm J^ / ^ deinand or J"«ce of «ii 
 eonfined within the gaol or priWi Tr^t ?."' ^"^ J^'''^""'^^-^"^ - 
 
 466. The county council shall havp f J "hatever. 
 house and of all offices ... rooms and ' '"'' ?^ *^^" court Countv 
 therewith, Avhether the same form« n . g'"0UMds connected T""""' t" 
 connected with the gaol, (./)andX^Ur^^^^ or i;sf';:rU-? 
 of the keepers thereof, whose duty it shtn f f ^Pl>0'ntment '"■ . 
 proper ],gj,ting, heating and cleanin- th % ""^^^'"'^ *« ^^e 
 time to time provide all necessary -uu] ' . "" ' ''^'^'^ ^^'^^' f'-oni 
 ____ ^ "'' P'^I^^^- ^ccommodatioi 
 
 I tlie responsibility of kepninr, +f ^^f^^, ^^hile 
 
 j (i)Itisnotsaidwhoistodecidpnc,+ ^i- 
 
 I ^T'' "? "^''^ssary for tlie care of fi ^^ ",""^^er of keeners Ti 
 
 I goal IS cast on the sheriff i> ;« ,. * *''® gao . As fh« f ^ . ^"® 
 
 L.ber of keepers, but thA fV'"',""*' *''^* l^e must £,v/"''' "/ *^^« 
 «il. ShnnW fL :,„_r *'^«": salaries s],aJl iT^^JIT''^^. ^s to the 
 
 /) A puWic officer suffering ?«c 4.1 
 Iwiincil to provide proper oftinJ *"''0"gh the failure of f hn 
 

 |! S 
 
 1 
 
 
 1 
 
 
 
 
 342 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 466. 
 
 fuel, light and furniture for the Courts of Justice other th 
 the Division Courts, and for the library of the law associat' '^ 
 of the county (such last mentioned accommodation to be n • 
 vided in the court house), and shall provide j)roper offices f 
 gether with fuel, light and furniture, for all officers connected 
 with such Courts other than (1) officers of the Maritime Coi rt 
 of Ontario (not being in the county of York) and C^) olii -i 
 assignees. 46 V. c. 18, s. 465; 48 V. c. 39, ss. 11, U. 
 
 KSiated 467. In any city not being a separate county for nil pu,.. 
 
 by by-laws of poses, (e) but having a gaol or court house separate from the 
 
 city council. coi„^^y g.^Q\ qj. coiu't house, the care of such city "aol c 
 
 court house shall be regulated by the by-laws of tifie citv 
 
 council. 46 V. c. 18, s. 467. ^ 
 
 468. In case of a separation of a union of counties (t'\ 
 all rules and regulations, and all matters and tilings in anv 
 statute for the regulation of, or relating to court houses or 
 gaols in force at the time, of the separation, shall extend to 
 the court house and gaol of the junior county 46 V c 
 18, s. 468. 
 
 469. Cities and towns separated from counties shall as i 
 parts of their respective counties for judicial puriioses (oil 
 bear and pay their just share or proportion of all charges an 
 expenses from time to time as the same may be ineuned iai 
 erecting, building and repairing and maintaining tliecdurtj 
 house and gaol of their respective counties, (A) and of thel 
 proper lighting, cleansing and heating thereof, and of provid-f 
 ing all necessary and proper accommodation, fuel, light, and! 
 furniture for the gaol and courts of justice, other than i 
 Division Courts, and for the library of the law association o^ 
 the county and of providing proper offices, together with fuel] 
 light, and furniture for officers connected with such Court 
 (t) where the same are required to be provided by thecoimtj 
 
 {/') Every city is a county of itself for municipal y)urposes. Sei 
 Beg. V. Smith, 7 U. C. L. J. 66 ; Jieg. ex rel, Blasdell v. liockd 
 lb., 101, )02. 
 
 (/) See sec. 38, et seq. 
 
 iff) Though there is a separation for municipal, there is notfJ 
 judicial purposes. 
 
 (h) See note a to sec. 473. 
 
 (/) The afklition of the proper lighting, 'cleansing and heating, ad 
 of providing all necessary and proper accommodation, fuel, ]ii.'litiuj 
 furniture for the gaol and courts of justice (other than theDivisiJ 
 
 Upon separa- 
 tion of union 
 of counties, 
 gaol and 
 court-house 
 regulations 
 to continue. 
 
 Liability of 
 cities and 
 towns sepa- 
 rated from 
 counties for 
 erection and 
 mai~>tenunce 
 of court- 
 bouse, &c. 
 
 ■,.ru\i < 
 
COURT HOUSES AND GAOLS. 
 
 343 
 
 s. 472.] 
 
 uncil • atid all other chai'ges relating to criminal justice, 
 
 * viible by the county in the first instance, except constables' 
 f s and disbursements, and charges connected with coroners' 
 
 • nests and such other charges as the counties are entitled 
 
 toV repaid by the Province ; and in case the council of the ^';^^fj™"^|=«„t° 
 tv or town separate as aforesaid, and the council of the incaso^fdis- 
 tv in which such city or town is situate for judicial "^reement. 
 
 J . 1 ^_„j. £ x: A.. i:„ _xj.i .1 
 
 COUU 
 
 jiurposes 
 
 cannot, by agreement from time to time, settle and 
 
 determine the amount to be so payable by such city or town 
 respectively, then the same shall be determined by arbitra- 
 tion according to the provisions of this Act. (j) 46 V. c. 
 18, L 469; 48 V. c. 39, s. 12. 
 
 A7n Tlie council shall not be liable to p&,y for any furni- J-'a^JJi'ty fpr 
 
 llU' ^ "^ • 1 . • 1 1 ii • • furniture for 
 
 tare which they are required to provide under tlie [irovi.sions useofcounty 
 of sections 466 and 469 of this Act, unless the same has"®'''"'*- 
 been ordered liy the council or by some person duly author- 
 ized by them so to do. 46 V. c. 18, s. 470. 
 
 mThe corporation of any county and ci*"y or townin8»«We 
 •, . ' , . 1 1 1 ■ 1 1 J. i_ interests of 
 
 separated from the county, are hereby declared to have, corporations 
 I respectively, insurable interests in the court house and g^^ol J,"^^!""*" 
 'of the county and the furniture thereof, in the i<roportions 
 I in which they shall, for the time being, be liable to contribute 
 towards the' erection, building, repairing, and maintaining 
 tlie same, and towards providing necessary accoi .imodation 
 land furniture for the said gaol and Courts of justice, and for 
 [ihe otKcers connected with such Courts, and any such cor- 
 Lmtion may insure its said interest accordingly. 46 V. c. 
 118, s. 471. 
 
 472. In all cases in which any citv is required to contribute ^'nbUity of 
 
 „ . 1 •! !• " . 1 1 city to cen- 
 
 to the cost or erecting or building a court house or gaol, nottribut« to 
 
 ^commenced bef(. re tlie 5th day of March, 1880, the council ^lil'^t^^^^ 
 
 |«f such city shall not be bound to pay for any ))art of the c""«'t-'»""se8 
 
 jexpenditure thereafter incurred in respect thereof, unless the"" *''***■ 
 
 amehas been concurred in by the council of the city, or, in 
 
 iseof dispute, has been determined by arbitration, according 
 
 BO the provisions of this Act, (j) and the council of the c'ty 
 
 liall have a voice in the selection of the site of the court 
 
 liousfi and gaol ; and in case the council of the county and 
 
 Jourts), and for all officers connected with such courts, was first 
 *leby39Vict. c. 34, s. 1. 
 
 I (j) See note c to sec. 473. 
 

 344 
 
 THE MUNICIPAL MANUAL. 
 
 |*P15J 
 
 ri,1 
 
 [8- 472. 
 
 city shall fail to agree npon the selection of such sit 
 same shrtU be settled and determined by arbitration acco V 
 to the provisions of this Act '^ ^'^ "> - ' ">" 
 
 46 V. 
 
 18, .472.'"°'^'"^' 
 
 Coinpensa 
 tion by city 
 or 
 
 473.— (1) While a city or town uses the court house f 
 towVfo? or house of correction of the county, the city or town 'shall 
 use of court- pay to the county such compensation therefor, (n) aiulfo l 1 
 ouse, -c. ^^^^ ^^^^j maintenance of prisoners as may be mutually an- Si 
 upon, (b) or settled by arbitration under this Act. (ri^tl 
 
 V. c. 18, s. 473. 
 
 (a) In consequence of the separation of the city of Toronto f 
 the county of York for judicial purposes, a deed was executed "^1 
 tween the respective corporations, in which the city covenanted * 
 pay the county a certain annual sum for the use of tlie court ho '* 
 The deed aIso"^contained other agreements as to the use of the mi'I 
 This arrangement was to continue in force until twelve inoml I 
 notice to determine it should be given. By the Imw Reform {ti 
 which came bito force in February. 18()9, the city wa.s re-united J 
 the county for judicial purposes, and on the 21st March, I8fi9 tl 
 city gave the county the stipulated notice as to intended discois 
 tinuance of the use of the gaol, stating that, as to the court-hoiiji 
 the action of the Legislature had virtually ternunated the provisinj 
 respecting it, and that no further payment would tliercfore be madl 
 Held, that the contention of the city was correct; that it had bed 
 released from its covenant to pay Ijy the operation of the LawRefoJ 
 Act ; and that there was no legal lial>ility on the part of the ci 
 even for an aliquot portion of the half-year's rent 'lich would hal 
 become due op the '21st March following. Toronto v. York, i\ U 
 C. P. 95. And it was afterwards held, in a subsequent suit ijetwe 
 the same parties, that in the absence of express legislation, the ci| 
 was not bound to pay the county any compensation wliatever for t 
 use of the court house. S. G. 22 U. C. C. P. ,-)U. 
 
 {b) Agreed tipivi. It would be well that the agreuuienfc shouljl 
 by deed or by a Bydaw under seal, but wiiere th\j contract issheJ 
 to be an executed one, proof of such an agreement or by-law isj 
 necessary. Wentworth v. Ha.mltoii, 3-1 U. C. Q. Ji. 585. 
 
 (c) Arbitrators were appointed by articles of agreement, datedj 
 December, 1855, to settle certain ditForences recited as penl 
 between the city of London and the county of Middlesex, respl 
 ing the compensation to be paid by the city to the county for the] 
 of the ccmnty court house and gaol, and concerning certain 
 cial matters then depending between the re3i)ective nuuiicipali 
 On the same day they awarded, rirst, that the stock held byj 
 county in certain railways should be divided in tiie propoitioj 
 one-fifth to be transferred to the city, the remaining four-tiftha 
 to belong to the county ; secondly, that the city shouhl paJ 
 county £2,675 on account of the county roads, and shouhl keep! 
 
 roads in repair within the city limits ; thirdly, that the cityslj 
 pay the county £l,96G in full of its portion of the county I 
 fourthly, that in future each of the municipalities slioukl paj 
 

 [8. 472. B ^^73(2).] COMPENSATION FOR MAINTEXANOK OP PRISONERS. 
 
 345 
 
 (2) In case of arbitration under the nrerpri; ' ^^ 
 
 is section, in determining the comnpnlf- ^ P''°^^'«^ons ofMatterstob* 
 
 ,careandir,aintenanceof priHonersCfiteTi, '..'"' ''"\'^ ^orS'S^^ 
 „„)iti'atois shall, so far as they deem th.. ■ *^® S'^ol. the Pf "Penw- * 
 able, take into consideration the ori'in w'""^''"'^ ^"'' ^««son- "• 
 erection of the gaol buildings, and of Z ^^^^ °^*'^^ ®^*« "-nd 
 so far as the same may have been bonip''^'^'' ^'"^ insurance, 
 orother of the municipalities, and shalJ "i ^"''*'''"^'^ V one 
 sideration the cost of maintainino- " ,1 **^® into con- 
 prisoners, as ^vell as the sala.-ies of all nffi ^''I'Vovtiug the 
 connected theremth ; but the provisions f!^^ ■'"'''^ servants 
 t^kll apply only to the determining of fK "^ sub-section 
 wpaicl for the care and maintenance of ''^'^P'^nsation to 
 ___^^^^Jiance^ any such prisoners 
 
 ithly, that tbe czty should niv fn f i ^'innary in each 1^ 
 
 the first, second, Ld thi.xl Si^,se3 0^^""*^ ^^e su^s mettS/ 
 relvenjonthsfrcn the 1st of J^Zry'^lr^r'"^' "'i^h iSe ^S 
 «1 should pay Its share of the rJ/Jv A ""f 'P* *'^a* the city 
 uiity(!ebenturesg,,.en therefor shouWr^ '"^'^ '^t the time £ 
 >tthe award shonid take efFect « , ^7! P^^^'^I^ ' «eveTth y 
 nam m force tdl the 1st Januarv isrn J^^ January, is^ri "^i 
 
 .«ra a retrospective eC-?o'tE;t f^'^' '''''' "-gSfto 
 jeivheii London was declarer] n A * January, I855 }?„; "^.'0 
 
 L: tl-at thearbitratrrs S:;4tl^;r- "ot o^;jeet:;onab ^^^t 
 in tlu' sixth cl.mse ; that th^ mZ-^- V to give time for t,. * 
 
 1't.faiu.ary, ISf.'O. was nco ' " .'"^' *''" continuance of .r^"'""*' 
 ..faras ,j;.teriai trsararec^'A/^?,, *'- ^"'^V^ct'c' sT's' 
 
 keaiulgaol ; that the fourth ^l. ^Jauses respecting tuL 
 
 U it J"thoriz.d a ratSe di'^^S °of t^ ""'''•'^ ^^ ' '- XT 
 rdingthe payment of an n»„ 1 ^ the expenses ,-„»* i ' 
 
 .M.„r« ,„■„, fifth ciire'^Sl.TTe "" "" '°'"'- "Ion"' 
 
 ft »,„,! 447 (aa,„e as Vl."S "-t^ "I"' '»'"% «.l, 2' 
 
 Bitted are larL'ely in fho rJJo 1-' "" *'•> and 474i fj,„ """« ss. 
 
 f being lai-l'do^wlfby he St r ""^t' -^tratot . , S*'T 
 hng estimates of the pro«o^ tl .^^ ''*^"' ^'^refore lb Z^^' 
 [f ;nd county under tEeT S^« -P-diture to be"b fe'S 
 N"f the assessment rolls, it w,s b.'l Z^ PoP»J<'ttion as a basi« 
 
 ffrlereiioe 
 t B. 425, 
 
 44 
 
 -""'"!/ 0/ Lincoln, 46. 
 
 p 'f 
 
 m 
 
 ? '71 
 
 1 1 
 
 \ 
 
 I'll 
 
 J 
 
 lit 
 
 lit 
 
 ! '1 
 1 l\ 
 
 
I 
 
 WW 
 
 ii lil'i 
 
 r«f . ^ 
 
 
 
 li ^ ;ii 
 
 i-'ilk^lt- 
 
 ^!Blil5ll^ 
 
 
 ) , 
 
 346 
 
 THE MUNICIPAL MANUAL. 
 
 subsequent to the first clay of Jannai'v, 1886 
 s. 10. 
 
 When tbo 
 ■mount of 
 compenHA- 
 tioD may bo 
 reconsidcrud. 
 
 Bxisting 
 look-up 
 bouses CO 
 continue 
 
 Expense c f 
 conveying 
 and main- 
 taining 
 prisonerH 
 
 [8-473(2). 
 ^9 V. c. 37, 
 
 474. In case after the lapse of five years from such no 
 pensation having been so agreed upon or awarded, or havi 
 been settled by statute, and whether before or after ther)- ^ 
 ing of this Act, it appears reasonable (o the Lieutenant-Go ; 
 ernor in Ooiincil, upon the application of either party titi 
 the amount of the compensation should be reconsidered 1 1 
 may, by an Order in Council, direct that tlie then existincf^ 
 an-an^ement shall cease after a time named in the ord °'> 
 and after such time the councils shall settle anew, ly ^^vp ' I 
 ment ((/) or by arbitration under this Act, (e) the amount * 
 be paid from the time so named in the order. 46 V c 18 
 s. 474. 
 
 475. Nothing herein contained shall affect any lock-ii 
 house heretofore lawfully established, but the same sliaS 
 continue to be a lock-up house as if established under tli 
 Act. 46 V. c. 18, s. 475. 
 
 476. The expense of conveying any prisoner to, and 
 keeping him in a lock-up hou.se, shall be defrayed in tB 
 same manner as the expense of conveying hiiu to and keeDJi 
 him in the common gaol of the county. (/) 46 V. c 181 
 
 4.77. 
 
 Investiga- 
 tion by 
 County 
 
 Division XI. — Investigation of Charges op Misconucct 
 
 RELATION to MUNICIPAL MATTERS. 
 
 Inv'stic/ation by County Judge. Sec. 477. 
 
 477. — (1) In case the council of any municipality at] 
 time passes a resolution requesting the Judge of the Coif 
 
 (rf) See note b to sec. 473.' 
 
 {ei See note c to sec. 473. 
 
 (/) Tlie whole of the expenses of the administration of cri 
 justice in Ontario should be paid out of the Consolidated Ra 
 Fund of the Province. Rev. Stat. c. 86, s. 1. All acoou 
 or rel itive to such expenses, must be examined, audited, vo 
 and approved under such regulitions as the Lieutenant-Govej 
 Council from time to time directs and appoints. /A., sec. 
 several heads of expense mentioned in the schedule to the j 
 deeirictl expenses of the administration of criminal justice witj 
 meanint^ of the Act. 76. , sec. 1. f^ee In re Pousdt and Lami 
 U. C. Q. B. 472 ; 22 U. C. Q. B. 80. 
 
 im(i)]MAi 
 
 Court of the co 
 
 investigate any 
 
 liudvelaliag to 
 
 J other uiisconduc 
 
 I cii or officer of t 
 
 I contract thei'ewi 
 
 I of tie member, o 
 
 [or ill case the cc 
 
 liuqufry to he wai 
 
 mth the good go- 
 
 ikct of miy part 
 
 m coiuicil at am 
 
 (judge to make the 
 
 jMnie, and siiaij for 
 
 IM)' be conferred u 
 
 jwy inquiries concer 
 
 ", witiiaiJconvf 
 
 See sec. 383 as to 
 
 ration. 
 
 "Or other miscoi 
 Ifflconiluct m the natur 
 Tfli appertaining to fc 
 serai construction of j; 
 
 rrords, theyaretobe 
 feilir words which ha 
 mrd Water Worh Cc 
 f>kmionv.Standdri 
 |i*./07;%. V. c'kwo 
 
 j.) The design of this 
 
 lepreceding part of the 
 
 iV>ry The phrase' 
 
 Hmentofthem„„i^" 
 
 p busniess thereof "i 
 mm from lie v. sLf1 
 
 , Commissioners so 
 
 'iem any party or wit 
 
 "'"'^ti'. orally or in 
 
 Nies entitled to affir 
 
 ^wts and things as 
 
 ¥t,on h-ev.^sta? c 
 
 mr to enforce the 
 
 tog've evidence, as is, 
 ipJ.insuchan^'J 
 
 M« answer to H^hiT 
 }mmion. -n tC r. 
 
 «'«^«'nes here author 
 
 apl 
 
''"<'^^*'""«^»->«'«o,r..„,,„,^_ 
 
 Court of the county in which thn ' ^^^ 
 
 investigate any ,«atter to be mentioned h^'^f'^ '' «'*"«to to^'"0«.of 
 audreJatmg to a S(i,,j,osed n)ajfp«! " ^^^ '^solution /«?''''a'Uof 
 otier misconduct (/O'o!, the ;?tr:"-' breach of trTst^^l^/IS^^}^,, 
 Idorofficer of the corporation, or of^ "'^'"^^^' ^^ the coun'""*"- 
 contract therewith, in relation to th^ ^7 person having a 
 i«fthe™en,ber, officer or other per on to t? °^ ^^igati^ns 
 or 111 case the council of anv m.; • "' *° ^^^ m'lnicrnalifv 
 inquiry to be made into orZi^"T^"^''y '''' ^^ tTcauf^ 
 with the good government of the "^ '"^ "^^^^^^ connected 
 Lact of any part of the public L"'"''^^"^'*>^' or the con 
 tie council at anytime passe „"'T' '^^'^< (*) and ?; 
 Llge to make the inquiry the T 'r°'"t>on reqJestint tb 
 Le, and shall for that m„n f' ^^ «'^''J' inquire "5. .^ t . 
 k^econferred upon IrnSont'^ ^'l *^'« ?>-er": ,Lt tt^^^^^^ 
 
 ) See sec. 383 as to inquiries inf^.u I ' — _ 
 
 ,,.J Ur other misconduct " \vu 4. ■ 
 
 lisconduct 111 the nature of mnJf '^ ^ere meanf « i , 
 
 ^d, pertaining to tL dSlTTh' ""' ^'^^oh^'^'i' tZtof' '' 
 loeral construction of Statuf-P« f i? *^® office. Acnn. r °^ ^'''"e 
 Lords, they are to be constr' "^ ^'^ ^'"'^'•^^ Wo4 S'"^ *" *^« 
 
 Lr words which havrpreeSi^.F'''^'^'^''* 9."^^^ w krfPh^'^'^^- 
 krrf [Fato- JFor/&« e^, i ^™^ them. /4 V lA V ^e par- 
 
 rBw07;%.v.cW^',^H.^&N.46 ,,,,. v^^S^.'^.^C 
 
 l(.) The design of this part is to «. u " 
 
 preceding part of the section ^^''^''^^6 cases not fall; 
 
 |i»<iuiry. The phrases "' '^"'^' as it were t^\ -^ ""^ ^'t^in 
 
 LrUtofthemSah>?^ "■^"'^«- «ornecVd ^T^^" J^« ««W 
 
 Ilio business there tv'£f*f«'- " t^e conSuct A !L'*^ *^« ««"^'. 
 
 luken from Kev Stat ! "'fJ^'^^ral as can well I °^' ^*'^* "* the 
 
 Lote. «*^*- - i7. to wi^ie, re^e^ Zt in'^^^ 
 
 feS?^?^fS"*^^Wthepo.erofs ^ 
 
 tonoathVoraCrrSrr' °^ ^^Sgfh'erto""'"^ '^«- 
 iJrties entitle,! to affirm n ^^- ^ -^ °" ^o^e'"" affi,S,*° §1 ve e vi- 
 
 Iwts and things a^sTpK "'''' ««tters) a^d V^ *'5' '^ ^^^^y 
 ton. Kev.^StaPc I7'''''?'"'««'"°«rsdeem *^P':°^"eesuc^ 
 h power to enforce ti,^' ?' ^- ^ ' ^nd the oomm^ requisite to the 
 
 fm, in such a„ inquiry eln\?^ '^^"'•* '" ^iv cTses '^ /r^'^ 
 
 •iu'nes. bee sec. 219. 
 
 !"'}>^^lifL 
 
348 
 
 THE MUNICIPAL MANUAL. 
 
 !| 
 
 [s. 477 (1). 
 
 suit of the inquiry and the evidence taken thereon (lt\ »i> 
 V. c. 18, 8. 480. ' ^^' ^^ 
 
 tees payable (2) The Judge of the County Court, holding such invest! 
 to County gation, shall be entitled to receive, and shall bo mirl i», ii' 
 Judge. ° • • I'i. .• 1 • X 1 1 I i-L • ^ '^y the 
 
 municipality requesting him to hold the investigation t) 
 
 same fees as he would be entitled to receive if the matter h 1 
 been referred to him as a referee under the provisions of r; 
 Judicature Act. 49 V. c. 37, s. 11. ** 
 
 Rer. Stat 
 0.44. 
 
 
 \H 
 
 Ht^ 
 
 r; .■■«: 
 
 ife 
 
 K 
 
 '1. ^ 
 
 
 
 m 
 
 
 *< 
 
 
 
 i 
 
 u'' i'sfw' 
 
 
 
 W ''Sfffi' 
 
 
 
 i' '■'pMn 
 
 ?\ 
 
 
 1' Sfi 
 
 V 
 
 if 
 
 
 ■ '^14^ 
 
 
 
 
 i 
 
 
 8'' ^ -V 'III 
 
 
 
 ^B ' •' 9 tBij 
 
 1 
 
 Division XII.— When Mayor may call out Posse Com'itat 
 
 Mayor may call 02i6 posse comitatus. Sec. 478 
 
 478. The mayor of any city or town may call ont tlie 
 comitatus. posse comitatus (l) to enforce the law within his nuinicinarf 
 should exigencies require it, but only under the same c- 
 cumstances in whic]> the sheriff' of a county may now hv 1. 
 do so. 46 V. c. 18, s. 481. ^ ''' 
 
 Mayor may 
 call out posse 
 
 Witnesses, it is apprehended, would not be entitled to comiiPna»f 
 for loss of time. See note a to sec. .383. P^nsation 
 
 (k) The Judge is required to report not only the remit Imt tl 
 evidence. This intends that the evidence shall be ' 
 writing. 
 
 reduced to 
 
 (/) '«/Vs.sc Comitatus," or power of the county, includes the aid of 
 and attendance of every person above the age of fifteen within th 
 county. Persons able to travel are required to be assistant in i^ 
 service. It is used when a riot is connnitted, a poaaessiou kent '^ 
 a forcible entry, or any force or rescue made contraiy to tiie Queen" 
 writ or in opposition to the execution of justice. "^ The pdvyr '^ 
 usually summoned })y the sheriff. Hut with respect to writs tlu 1 
 issue i.i the first instance to arrest in civil suits, the sheritl' ig nJ 
 bound to take the poHse to assist him in the execution of then • 
 though he may do so if he pleases, on forcible resistance to the «!■' 
 cution of the process. Sherifis, &c., are to be assisting Justices of 
 the Peace in suppressing riots, &c., and raise tne posse, bycharrjuT 
 any number of men to attend for that purpose, who may take witdj 
 them such weapons as shall be necessary, and they niav justifv the I 
 beating ami even killing such rioters as resist or refuse to surrender' 
 and persons refusing to assist in tlie pusne may be fined and inipris.'] 
 oned. It is lawful for a peace otKcer to assemble a competent mimi 
 ber of people and sufficient power to suppress rebels, rioters, (»;•„• bntl 
 there must be great caution, lest under a p-etence of keeping tiisl 
 peace, the peace ofiicer cause a breach of it , and sheritfs, &c, are! 
 punishable for using heedless violence or alarming tlie country inl 
 these cases without just ground. See Watson's Office of Sheriffl 
 2nd ed. 2, 73, 193. As to calling out the melitia in aid of tiie ciiTJl 
 power. See 11. S, C. c. 41, s. 34. 
 
 GE^ 
 
 PC 
 
 Title I.— In 
 TiTLK 11. —As 
 TinE HI— As 
 TiTI-E iV.— As 
 
 Div. 
 
 TI 
 I.~0 
 
 Div. II. -0] 
 
 1 l)iv. 
 
 III.-O* 
 
 [ Div. 
 
 IV.-Of 
 
 1 Div, 
 
 V.-Of 
 
 Div. 
 
 VI. -Of 
 
 Div. 
 
 VIL-Of 
 
 Div.VIII.-Of 
 
 Div. 
 
 IX. -Of 
 
 Div. 
 
 X.-0F 
 
 Div. 
 
 XI. -Of 
 
 DlVKJOtf 
 
 I.— Powi 
 
 
 Toi 
 
 Eespecting the oi| 
 
 K 
 
 Appo 
 
 K 
 
 Harb 
 
 (( 
 
 Aid ti 
 
 « 
 
 (( 
 
 (1 
 
 Censu 
 
 (( 
 
 Drivit 
 
 K 
 
 JDraim 
 
 (( 
 
 Mode t 
 
 l( 
 
 Fines t 
 
 (1 
 
 Ornam 
 
 (( 
 
 Seizuvi 
 
 <l 
 
 Acquis 
 
 
 (22, 
 
GENERAL POWERS OF MUNICIPAL COUNCILS. 
 
 PART VII. 
 POWERS OP MUNICIPAL COUNCILS. 
 
 349 
 
 I.— In General. 
 T ^ K II.— As TO Highways and Bridges. 
 i,"^^,, TIT —As TO Works paid for by Local Rate. 
 
 ?S iV -AS TO RAILWAYS. 
 
 TITLE I.— POWERS IN GENERAL. 
 
 _0f Counties, Townships, Cities, Towns, and In- 
 ookporated villages. 
 mv II.— 0*' Townships, Cities, Towns, and Incorporated 
 Villages. 
 
 Div. 
 
 Div. in. 
 
 l),v. IV.- 
 
 Div. v.- 
 
 DIV. VL- 
 
 Div. VII. 
 Div.VIIL- 
 
 Div. IX.- 
 
 Div. X.- 
 
 Div. XL- 
 
 -Ok Townships, Citie.s, and Towns. 
 
 -Of Counties and Cities.j 
 
 -Of Counties, Cities, and Separated Towns. 
 
 -Of Cities, Towns, and Incorporated Villages. 
 
 -Of ('xties and Towns. 
 
 -Of Townships, Towns, and Villages. 
 
 -Of Towns and Incorporated Villages. 
 
 -Of Counties only. 
 
 -Of Townships only. 
 
 Division I.— Powers of Councils of Counties, Townships, Cities, 
 Towns, and Incorporated Villages. 
 
 I Respecting the obtaining ofprojjerty. Sec. 479 (1). 
 
 « Appointment of certain officers. Sec. 479 (2, 3). 
 " Harbours, Docks, d'c. Sec. 479 (4-8). 
 " Aid to Agricultural, d'c, Societies. Sec. 479 (9). 
 (( «< Manufacturing Establishments. Sec. 479 
 
 (10). 
 u « Road Companies, dc. iS'ec. 479 (11). 
 
 i< " Indigent personsandchaHties. Sec. i7 9(12). 
 
 « Census. Sec. 479 (13). 
 « Driving and Riding. Sec. 479 (14). 
 « Drainage. Sec. 479 (15). 
 
 " Mode of Egress from Buildings. Sec. 479 (16). 
 « Fines and Penalties. Sec. 479 (17-19). 
 «' Ornamental Trees. Sec. 479 (20). 
 " Seizure of Bread of short weight. Sec. 479 (21). 
 " Acquisition of land for Parks, &c. Sec. 479 
 (22, 23). 
 
3d0 
 
 im^^ 
 
 
 Oounoili 
 mav niBke 
 l>y-iawR. 
 
 For obtain - 
 iDK pro- 
 perty, real 
 ■nd per- 
 sonal, et(!. 
 
 THE MUNICIPAL MANUAL. fg i*. 
 
 Respecting Contracts for tnipply of Gas and Water, Sec 480 
 
 '* Discovery of Crime. Sec. \^\, 
 
 Summary Remedy if Jiji-lawa not obeyed. Sec. 482. 
 Compensation for Lands taken. Sees. 484-488. 
 Powers in relation to Roads and Bridges. See sec. .550 et se 
 
 479. The council of every county, township, city, towi 
 and incor[)orated village (m) may pass by-laws :— 
 
 Obtaining Property. 
 
 1. For obtaining such real and personal property as niav 
 be required for the use of the corjjordtion, (a^ and f 
 erecting, improving and maintaining a hall, and any other 
 houses and buildings required by and being upon the land 
 
 (m) The powers conferred by this section can only he exeroiaerl liv 
 By-law. See Grand Junction R. W. Co. v. County of Uaathm 'y 
 (Irant 40. '' ' "'' 
 
 (a) The right of a municipal corporation to acquire property imlo. 
 pendently of statute is by no means free from doubt. See note ; to 
 sec. 230. But in order that there should be no doubt, express power 
 is here conferred. It is not to be extended to the acquiieitient oi 
 
 Louis, 29 Mo. 54.3. But the acquirement of wet lauds by townships 
 witli a view to their improvement and sale, is expressly autlioriztd 
 See sec. 521, sub-s. 12. As to the right to acquire land outside oi 
 the raunjcipality . See sec. 489, sub-s. 57. In the event of the cnr- 
 poration lending money on mortgage, if default be made in the pay. 
 meat of the mortgage money, the corporation is entitled to a decree 
 of foreclosure, notwithstanding the Statutes of Mortmain, and is not 
 restricted to a decree for sale of the land. Orford v. liailei/, 12 Grant 
 276 ; see further Brown v. McNah, 20 Grant 179 ; Brunei's v. Ronahl, 
 4 O. R. 1. And it would also seem that a municipal corporation may 
 give time to a debtor and take a mortgage on real estate to secure h i 
 payment. See Belleville v. Jiidd, Ifi U. C. C. P. 397 ; but see Bmn i 
 V. McNah, 20 Orant 179. The laying out, upon a map of an intendeil I 
 town, of squares or other open spaces for public recreation or amuse 1 
 ment, or for any other public purpose, renders them as sacred to I 
 such purpose as the streets themselves. Per Spragge, V. C, in I 
 Guelph v. Canada Co., 4 Grant 654; see further iVyoming v. M,f 
 24 Grant 564 ; and if an alienation to a different purpose, by a person! 
 pretending to have the right to alienate, be attempted, the Court] 
 would interfere by inj unction to restrain it. lb. So, if the municipalf 
 corporation itself be a trustee of land for a public purpose, and witliJ 
 out authority attempt to alienate it, in breach of the trust for whicif 
 it is held, the Court would restrain the alienation, or, if actualljj 
 made, would order a reconveyance. Attorney -Oeneral v. Ooderich, 
 Grant 402. See also notes to sub-s. 8 of sec 504. 
 
 ,s, m 2.] 
 
 of the cor 
 wlieu no I 
 
 Vov fl 
 
 Pou 
 Fon, 
 Ovei 
 
 (h) The pov 
 (,or|»()riiti()n do 
 H'ith the avo 
 Kiii/im V. S(ni 
 at the instance 
 imiiiic'ipal uouii 
 n'fiisnil. Jii.'t//'< 
 B. m. A By. 
 Iliissell, to tax t 
 office for tlie us( 
 col/ mid Riimll, 
 uith to buiM a 
 did not specify a 
 Held, that tliia I, 
 idtlioii^'h at the 
 coiinuil adopting 
 the corporation 
 'Ad, 
 
 {(■) This inchid, 
 
 it is (leemud th;it 
 
 convenient for th^ 
 
 «,m The Court i 
 
 ^ law for tiieercctio 
 
 ! already by a provi 
 
 tohiiild on it. Fo 
 
 [ m. The Court 
 
 an incoi'porate(. 
 
 I power from eliangi 
 
 jaltiioiigli the first . 
 
 I shewn that any ch. 
 
 (on the faith of it, o 
 
 jthememljersof the 
 Vmiih, 23 Grant .'5- 
 
 VI 
 
 I ('<) It is not here 
 porate seal or othen 
 jappointed. The M 
 I House of Assembly, 
 itbese words were .-if't 
 [been a recognized q 
 M« of the seal, that 
 
479 2.1 APPOINTMENT OF OFFICERS. 
 
 of the corporation, (h) and for dUposing of hucIi property 
 when no longer required, (c) 
 
 Appointing certain Officers. 
 
 2. For appointing (o?) Huch — 
 
 Pound-keepers, • Road Surveyors, 
 
 Fence-viowerH, Roail Oonimi.ssioners, 
 
 Overseers of Highways, Valuators, 
 
 Game Inspectors, 
 
 3M 
 
 May kppoint 
 
 oorUin 
 
 offlieri 
 
 (M The power to orect a hall and other bulMinga required by the 
 
 mition iloes not, it is apprehended, ineliulo a saw-mill, erected 
 
 ^^tl'i" the avowed intention of benefiting the municipality. See 
 
 I'lwMiC V. Slanpr, 15 U. C. Q. li. 414. A rule nUl for mandamus 
 
 t the instance of the Justices of the Huron iJistrict, to compel the 
 ' iiiiinal council of the Huron District to build a court house was 
 '"'fus''il. JiisHres of'lhfi Huron Dixtrict v. Huron Coiinnf, 5 U. C. Q. 
 n r-.j A By-law passed by the municipal council of Prescott and 
 
 vith to huihl a town hall and market approved by the ratepayers 
 lid not specify any site on which the buildings were to be erected. 
 Held that this left the councillors unfettered in the choice of site, 
 ■ Ithoii 'h at the time there was a resolution on the minutes of the 
 council ivdopting a particular one, and which had been conveyt 1 to 
 the corporation for the purpose. Little v. Wallacvlmnjh, 23 (irant 
 
 540. 
 
 ((■) This includes a town hall and the site on which it stands, when 
 itisdeemud that a new town hall in another situation woulil be more 
 convenient for the public, [n re Hawke anil WellcHli-y, 13 U. C Q. B. 
 ti36. The Court under special circumstances refuse<l to quash a by- 
 law for the erection of a town hall, the objection being that they had 
 already hy a previous by-law .acquired a different site and contracted 
 tokiid on it. Forenter and The Corporation of Rons, 24 U. O. Q. B. 
 M. The Court has not the power of restraining the councillors of 
 an incorporated village in the due exercise of their constitutional 
 potter from changing the site of a proposed town hall, and market 
 althnugli the first site has been acquired for the purpose it not being 
 shewn that any change of circumstances had been made by parties 
 on the faith of it, or that any corrupt or improper motive actuated 
 the meml)er3 of the council in making the change. Little v. Wallace- 
 
 l,i„;/A, 23 (Jraut ."i-JO. 
 
 (/() It is not here said in what manner, that is whether under cor- 
 Iporate seal or otherwise, the officers in this section named are to be 
 Lppointed. The Municipal Bill of 1858, when introduced to the 
 jHouse of Assembly, had the words *' under the corporate seal " ; but 
 Ithese words were afterwards struck out in committee. It has always 
 |been a recognized qualification of the principle which requires the 
 
 >o{ the seal, that there are certain small matters of such frequent 
 
 1: < 
 
 
 
 mm 
 
 !'! Ml 
 ^1 '-'i 
 
 iAl 
 
 
 if'tSs^-* 
 
362 
 
 4L. 
 
 
 
 THE MUNICIPAL MANUAL. ^„ 475 -„, 
 
 and oth«r ofTlcerH as are nocessary in tho iitHiiiH of tlic • 
 poration, or for carrying into eUiict tho proviHioiiM of unv A 
 of the LegiHlaturc, or by-law of the coi-poration (,-) i„. j;„, ,1 
 removal of hucIi officers; (/) but nothing in this Act hi 11 
 prevent any member of a corporation from aclinir hh com 
 missioner, superintendent or overseer, over any road oiwol; 
 undertaken and carried on, in part or in wliol(>, at th 
 expense of the municipality; and it shall l)o lawful tor th 
 municipality to pay such member of the corporation actii » 
 
 oouurrencu in tho course of conducting aft'uirs by a corporation ^)^ 
 it appears to bo of noccsaity that corporations should Ijc ullow . 1 » 
 transact tlieni without going tlirough tho formality of a hc.,i1^,i 'n't 
 ment. Tlio hiring of servants to perform their ordinary (lutiu' k" 
 from a very early period been one of these exceptioim I/,,:'! 
 Credit Harbour Co., 1 U. C. Q. B. 174. Whether the ollicwl ,r , , 
 in this section come within the exception is, at least (ioultf 1 
 Tho old law recjnired such appointments to bo under corpoiatc ' i 
 12 Vict. c. 81, 8. 31, sub-8. 5, and tho intendment of tliis .suWcti ' 1 
 which must bo taken in connection with the general wordn at IT 
 commencement of this section, appears to bo that tlie appointu 
 should be by by-law. See further note c to sec. 3. '"" 
 
 (e) Tho power is not only to a])point tho officers named, Inn "si hi 
 other officers as are necexHary in tho affairs of the corpcra'tioi) or f 
 carrying into effect the provisions of any Act of the Lugislnture "^ 
 the by-law of the i<Mporation." There are those who conttiul that!! 1 
 is incident to the powers of a municipal corporation to annoint jII I 
 officers necessary in tho affairs of the corporation. Vinlum v 
 Pam-ij, 1 Burr. 235; J/antiinfn Case, 1 Mod. 24; J{<x v. lidrmnil 
 Comb. 41G ; Hohoken v. Uarrimu, 1 Vroom. (N.J.) 73; ii'^,,. .' j 
 TalhtiiDi, 2 Dutch. (N.J.) 67 ; Feople v. Bedell, 2 Hill (N Y | m^M r\ e 
 Field v. Girard College, 54 Pa 'S 233. But where an act'Lf ■ "^ ^xjenote^ to se 
 
 provision for the appointment., of principal officers named, ami otLrl 
 necessary oHicers, the statute must so far as possihle, be fulkiwej 
 and no appointments be made in contravention of it or otiiLrHisel 
 than directed by it. Rex v. Weymouth, 7 Mod. 373 ; Ikx v Z,'i/,»!| 
 Htecul, 2 B. & Ad. 699 ; Hex v. Spencer, 3 Burr. 1827 ; J{>'x v (linJ 
 5 A. & E. 609; Stadler v. Detroit, 13 Mich. 346 ; Vmon v AwiJjl 
 38 Geo. 542. '' •■ 
 
 (/) Words authorizing the appointment of any public fuiictioiiaii 
 include the power of removing him, reappointing him, or appoiiitiiii 
 another in his stead, in the discretion of the authority in wlioint 
 power of appointment is vested. Kev. Stat. cap. 1 s. 8, subs. 1 
 But the power of removal cannot, unless expressly delegated, l 
 exercised by a portion merely of the corporation, but by the coiMn 
 tion as a corporate body acting duly and regularly. Lnrd End 
 Cane, 2 Str. 819 ; Jiex v. Lyjne HegiH, (Fane's Vim), Doug, m 
 Rex V. Richardson, 1 Burr. 517; Rex v. Doticastir, ^ay. SS-Jt 
 V. Taylor, 3 Salk. 231 ; Rex v. Feversham, 8 T. R. Mti; Wa/M 
 Jersey City, 1 Dutch (N. J.) 536 ; Osgood v. Nelmi, L. R. 5,fl.; 
 636. 
 
179 (2), 
 
 till' cor- 
 imy Act 
 I' t'ov the 
 ict hWll 
 
 as com- 
 
 or woik 
 \ ut the 
 \\ for tW 
 on acting 
 
 ■ation, ttiM 
 alliiwcil ti) 
 iilcd iiistni- 
 ■ duties has 
 lOmnt V. 
 ficertt imiiicil 
 t, tlimlittul. 
 rponiti' ad, 
 i subsection, 
 wonln at tk i 
 aiiixiiutiiieDt 1 
 
 ;d, 1ml "such I 
 
 ration, or lot I 
 
 J^L'gislature or I 
 
 tcndtliatitl 
 
 Htpdint all I 
 
 inhim V, 
 
 V, y<(irimril,| 
 
 ir/ii/c f.l 
 
 (Is. Y.) mif 
 
 nil act niaketl 
 
 icd, and othetl 
 
 l)C fuUiiWfcdl 
 
 or otherwisel 
 
 Ikf, V, Bum 
 
 11,'. t V. C/iidyJ 
 
 It V. ^li(i;(u(c,| 
 
 ic functions 
 or avpointini 
 
 y in wlioiii til 
 
 8. 8, 8ul)-s. 25| 
 delegated, I 
 
 ~~by the cni'im 
 Lunl iJfi'nl 
 
 \\ iJoug, IttI 
 Say. 38 ; ilf 
 .356; » I 
 IL R.i),H.I 
 
 a. 479 5.] 
 
 HAHUOURS DOCKS, ETC. 
 
 353 
 
 r 
 
 711 
 
 „„„i, comraiBsiorier, Buporintoiuleut or overseer ; (i/) 49 V. 
 " r« 15- 50 V. c. 29, 8. 18. See Rev. Stut. o. 210, 
 
 S.5. 
 
 ., Pqj. roffiilftting tho remtuiovution, fees, charges and 
 1 ties of «:ucli otlicors, (//) and the socuritios to he given for 
 Ihe perfonimiice of such duties {%) ; .See sec. 278. 
 
 JIarbourify Docks, etc, 
 
 4 For rogulating or preventing the encumbering, injuring, 
 fouliiij^, by animals, vehicles, vessels or other nicans, of 
 
 aly public' wharf, dock, slip, drain, sewer, shore, bay, harbour, 
 , river or water; (j) 
 
 5 For directing the rer/ioval of door steps, poicliea, rail- 
 [inw or other erections, or obstructions projecting into or 
 
 over any wharf, dock, slip, drain, sewer, bay, harbour, river 
 lor water, or the banks or shores thereof, at tho expense of 
 Itlie proprietor or occupant of the property connected with 
 I which such projections are found ; (k) 
 
 May fix 
 tee* and 
 iteourltlMi 
 
 CI««iilin«M« 
 of wharvei), 
 dookx, ato. 
 
 Komoval of 
 door Btiipi, 
 &c., ob- 
 HtrMcUng 
 wbarvet, fio. 
 
 In] If it were not for somo provision of this kind, tho contract as 
 
 t were between the corporation and the member to act as a com- 
 
 &c., would be void. See seu. 431 and notes thereto. 
 
 BisBioiier, 
 
 (A) It is the duty of the council to provide for the payment of all 
 (unicipal othcers, whether the remuneration is settled by statute or 
 y-bylaw of the council. "^ "■" " '"' """^ 
 
 See note c to sec. 278. 
 
 (i) See note j to sec. 249. 
 
 l(j) All powers of municipal corporations over public wharves, 
 icks, slips &c., must be derived from the Legislature. Snyder v, 
 dport, 6'(Ind.) Porter 237 ; CarroUton liailroad Co. v. Winthrup, 
 lb. An. .36. Tho Legislature of Ontario has no power to make 
 ws as to navigation and shipping. B. N. A. Act, sec. 91, sub. 10. 
 kcording to the plain and ordinary meaning of this sub-section, 
 She regulating or preventing the encumbering, injuring or fouling 
 ^animals, vehicles, vessels or other means, of any public wharf, 
 L, cannot be held otherwise than matter of municipal concern. A 
 flaw that any person encumbering, injuring or fouling any public 
 laif should be liable to a penalty named, and in default of payment 
 iBullicient distress to imprisonment "for not less than ten nor more 
 ^n thirty days" was held to be void. Jn re McLeod ami Kiticar- 
 
 , 38 U. C. Q. B. 617. The power is restricted to public wharves, 
 Whether a wharf can be said to be public or private depends 
 pn circumstances ; such as the purpose for which it was built, the 
 
 I to which applied, the place in which located, and the character 
 [the structure, &c. Button v. Strong, 1 Black, (U.S.) 23. 
 
 lee note m to s. 482. 
 45 - , 
 
 ■'V.JM 
 
354 
 
 THE MUNICIPAL MANUAL. 
 
 [s- 479 6,.H[ 8,-179 9. j a 
 
 Making, &c., g. For makinff, openinof, preserving, alterin<» im« • 
 
 of wharves, • i. • • Ti- "u ' j 7 "'vciiuir, impvov «( 
 
 docks, &o. and maintaining public wharves, docks, slips, shores K 
 
 harbours, rivers or waters and the banks thereof • "^ ' *^'^' 
 
 KeiraUting 
 
 harbours, 
 
 beacons. 
 
 7. For regulating harbours ; 
 
 for preventing the 
 
 (0 
 
 inguri 
 
 or encumbering thereof; for erecting and maintaium-r tl 
 ewr8,&c.«?««««^^>' beacons, and for erecting and renting wharv, 
 piera and docks therein, and also floating elevators ifp. • n 
 cranes and other machinery suitable for loadinf^ disc], •< I 
 or repairing vessels ; for regulating the vessels, crafts'' 
 Vessels, &c. rafts arriving in any harbour, (m) and for iraposinfr ai 1 *' 
 lee ting such reasonable harbour dues thereon as may " 
 to keep the harbour in good order, and to pay a Ini'j 
 master ; (n) ' 
 
 Harbour 
 dues. 
 
 H 
 alt) 
 
 {I) The preceding sub-aection relates to the regulation, forth 
 of the public, of public wharves, docks, slips, &c., but this does^^ 
 it enables the municipal corporation to make, open, preserve " ' 
 improve, and maintain public wharves, &c. The charter of 
 authorized it to establish wharves and public landings to fi"" 
 rate of wharfage, and to re<,'ulate the anchorage and moorin-\ 
 boats within the city. Held, that the city had the power to'f 
 a person owning a lot abutting on the river, and on which nowl 
 or public landing had been established, to use such lot as a 
 or landing without the permission of the city and the m 
 of wharfage. Dubuque v. Stout, 32 Iowa, 80 ; 8. C. 7 \J^ 
 When a municipal corporation are riparian owners they liave 
 said, an implied authority to erect wharves, &c. See Muni 
 City Council, II Ala. 58(5; Boston v. Lecraw, 17 How. (U 
 Commomo?.nlth v. Roxbnr;/, 9 Gray (Mass.) 514-519; Balii 
 White, 2 Gill, (Md.) 444. A municipality which chare7s' 
 receives wliarfage assumes the obligation to provide safe w 
 and to keep the wharf in repair. Faniiesmore v. Veto Oi-L 
 Withrow, 371. 
 
 {m) The duties of those having control of a harbour is, so loni{| 
 is open to the public, to have it reasonably safe for the piiblic] 
 and this whether tolls are collected or not for the use of it 
 naby v. Lancashiri' Canal Co., 11 A. & E. 223; Mdcalfiv ffi 
 ington, 11 Ex. 257 ; 5 H. & N. 719 ; GibbH v. Liverpool DochJ 
 & N. 164 ; L. R. I H. L. 93, 104, 122 , Loivjniorp v. Qmt 
 R. Co., 35 L. .1. C. P. 1.35 ; Francis v. Cockrell, L. R. 5 Q 
 Webb V. Port Bruce Harbour Co., 19 U. C. Q. B. 626; Coe . 
 L. R. 1 Q. B. 711 : Winch v. Conservators of the Thames, Li 
 P. 471 ; see also Pittsburg v. Orier, 22 Pa. St. 54 ; Eadmn 
 dilh, 36 N". H. 284-295: People v. Albany, 11 Wend. (X/ 
 Buckbee v. Broion, 21 Wend. (N.Y.) 110; see further, Swd 
 Port Buriuell Harbour Co., 17 U. C. C. P. 574 ; reversed, 19 Uj 
 P. 376 ; Berrymau v. Port Bur wall Harbour Co., 24 U. 0. Q. 
 Hood V. Commissioners of Harbour of Toronto, 34 U. C. Q 
 37 U. C. Q. B. 72. 
 
 (») The power is here conferred in its lowest form, viz., toil 
 
 8, For gra 
 [construction c 
 jteacous on ar 
 jtlirough, or fo 
 Ifietlier such 
 lo'in, tow/isbip 
 |o pa/ such bo] 
 leiiodicftJ paym 
 iach teniLs, con( 
 ii/iy deem exped 
 
 [a) No such b 
 ejectors 
 provisio 
 creating 
 
 \(h) Any niunic 
 ri;ceive o 
 receiving 
 with the 
 is given. 
 
 Aiding Ai 
 
 15, For granting n 
 landirts Asso 
 
 (I collect such reasonr 
 tin good order, and 
 hndKiiiijxIoiiy 14 Jj^ 
 
 tarposes of revenue 
 ]B,583. lithewhL 
 Ittiieriglit to impose 
 Brat of the ownershii 
 Ik But the righi t( 
 
 ™r use would appea 
 iative authority. Pg 
 'Cm, 3 Bland. Ch. 
 ""i; Thompson 
 
 d IS to impose the dut 
 J>Ft\:Bellevi//(>, Q jj 
 
 Mc ReMcLf'oda 
 W«/, Ac, of the 
 
 1. 104, 
 
 I See sec, 344. 
 
 '* V- Honal 
 
 "cipal corporation 
 %e« /or purposes, 
 
1^. 
 
 f! ' H 
 
 S, ^79 9.] AIDING AGmcVLTVRAL «,n^- 
 
 ^^l/KAL SOCIETIES, ETC. 
 
 «,iodicaI payments, with or withonT' . '" annual or othZ 
 ri..™,, condition, and .« tt ti^^T,; ""'' '"^i^^^ 
 a, deem expedient; "™s M the municipality 
 
 (fl) Ko such bv-Jaw shaJJ bf» 
 
 ejectors' has been oKf ^*^^^^^ ""*''^ t^e assenf «f *u . 
 
 creating debts; (o) '^^P^ct of by-Jaws for '''"^• 
 
 (i)Anv niunicipaJity granting such .-^ 
 
 nceiveof and from «„„k ^^^ «ay talr,^ « j 
 
 .-iving any ^oh a d1eS"r ""^^ "-pomt"' -.t" 
 mt . the terms and condS, '^ """ "omj lianee '■'"• 
 IS given. (;,) . """""IS "pon wiiicj, such aid 
 
 5,Forgrantmgnioneyor Jand ^«\ • • ' 
 
 hlandirts Association of n. + -^ ^" ^'^ of the i\o-..-. i 
 
 r_ "^ Ontario, or of anv ri i^ '""'" ^"""""(r 
 
 ^ — ^ ^"3^ auJj organ ""^t" 
 
 llect such re.asor.nhi. u . . v - — - 5„7ii'?'*"«^ 
 
 Icollect such reasonable harbour A ~ — " — — — — 
 
 rfiB pod order, and to pari th^ I, T^ "•■* "*«y serve fn h. ., 
 
 brposes of revenue. See/nri% ^^^^^ cannot hi '"'' ^"'''^- 
 
 iB,583. If the wharf, &c \ ? ,'^«.'7«'»«« a«rf oi «^ exercised 
 
 ■tbright to impose aiulJcJlttlo^'-^P^^ty of the eilvlf ^^ ^• 
 lent of the ownership of proSlf c,"^*""^^ ^^ held fn K '"^^ *>« 
 on, But the right to ereof f ^5^' ^«« "ote / toll ^^ * "^ere 
 birusa wouJd Appear S'U'ff ""^T^^ -ni \l Zo,^' V '^^' 
 iative authority. /^eo,,L\,^,* franchise reouiL ^*"<* ^olh 
 
 fi^toimposethedutvonf^"''^'' ^^ ^^- Y. 1J5 1^ ^^'Se Ch. 
 
 |Seesec.344. ^ 
 
 |see£rw&v.^o«a/rf, 11^ j^ 6^5 
 I Wcipal corporations have »« 
 
 societies. 
 
 
 .' * i " ill l!a 
 
 i'> 
 
 It 
 
 t )\ 
 
 ! . 'I 
 
 ;, 1 
 
 ! 
 
 ' .t 
 
 H 
 
 •It 
 
 'fi 
 
356 
 
 THE MUNICIPAL MANUAL. 
 
 .feiTi 
 
 m 
 
 
 
 [s. 479 9(„)B,479JJ.J 
 
 Kev. Stat, 
 c. 189. 
 
 Granting aid 
 by way of 
 
 bODUB to 
 
 manufac- 
 tures. 
 
 m 
 
 m 
 mi 
 
 
 i 
 
 ri 
 
 
 >li m 
 
 Assent of 
 
 electors 
 
 necessary. 
 
 ized agricultural or horticultural society in Ontario I 
 
 incorpoi'ated Mechanics' Institute or free library est M' ^"^ 
 under The Free Libraries Act, within the muaicinal/ 
 within any adjoining municipality. 46 V c 18 ^'°l 
 (1-9); 50 V. c. 29, s. 19. ^See alsu Rev. Stat. 'c.*39, [\3 
 
 Aiding Manufacturing Eatahliahments. 
 10. For granting aid by way of bonus for the proniofj 
 of manufactures within its limits, by granting such 
 
 sums of money to such person or body cor 
 
 respect of such branch of industry ac the said 
 
 porate, audi 
 
 piunicipalij 
 
 may determine upon ; and to pay such sum, either 
 sum or in annual or other periodical payments with o ■! 
 out interest, and subject to such terms, conditions 
 restrictions as the said municipality may deem expedie 
 (a) No such by-law shall be passed until the assent of 
 electors has been obtained, in conformity with 
 
 for such purposes as are necessary to carry out powers exnres 1 
 f erred upon them or existing by necessary intendment, ^^ 
 
 extent has this very proper limitation lieen carried"in tlie H 
 States, that the power of a corporation to grant money for th ' 
 bration of their national birthday, 4th July, has been denied H 
 V. Buffalo, 2 Denio. (N. Y.) 110 ; see also Task v Adaim' \t\[^ 
 (Mass.) 252; Thomas v. Wilson 20 U. C. Q. B. 3.31 •,?„/« 
 Arfhabasha, 14 Q. L. R. 140. The Ian'! intended to be erantd 
 land held otherwise than for corporate purposes, and so not cJ 
 with a trust for the use of the the public. See note a to sub-ai 
 1 of this section. 
 
 (r) A municipality has power under this sub-section to lend „ 
 for the encouragement of a manufacturing establishment nt 
 standing the use of the word " bonus," which does not necesi 
 import a gift. Scottish- American Investment Co. v. Elora 6 
 628. In the United States it has been held that the Legislatui 
 not constitutionally authorize a town to loan its credit to persoi 
 will in consideration thereof maintain a manufacturing enterDi 
 the town for their own private emolument. Allen v. Jav 1 
 185 ; Brewer Brick Co. v. Brewer, 16 Am. 395: see further 'Ci 
 cial National Bank v. Citi/ of lola, 2 Dillon C, C. 353 '20 
 655 ; Weiwier v. Village of Dovtjlass, 64 N. Y. 91. But ni 
 question has been raised in this Province. A municipal 
 under sec. 366, has power to exempt manufacturing establisl 
 from taxation. But apparently they cannot discriminate in fa' 
 new manufactories as against old manufactories in the same 
 business. See note a to sec. 366, and by 51 V. c. 28, s. 16 
 of this Act) similar and other restrictions are imposed as 
 manufactories may be aided. Where the majority of memi 
 the council granting the bonus were also stockholders in th| 
 pany proposed to be benefited the by-law was dst aaide. k 
 and Almonte, 41 U. C. Q. B. 416. See now suu.-s. h, h 
 
 provisio 
 creatino 
 
 {h) No propevt 
 
 shares o 
 
 to vote o 
 
 bonus to 
 
 as afores£ 
 
 \{c} Any municif 
 
 receive se( 
 
 and cond 
 
 [See sectlc 
 
 establishnv: 
 
 Aidin 
 jll. Foi- taking sU 
 
 « to any incorp 
 
 e or Jiarbom-, w 
 
 subject to the res 
 
 tiii^ aid by way , 
 
 1,'e company; (t) 
 
 of a municipal corpoj 
 e of the conditions 
 W V. Ronald, 4 0. 
 
 j See sec. SU, et seq. 
 
 [\ ""'"icipal counci 
 f«li or along the bou 
 ^ m"!! mbHcribe for 
 
 I "liiier the general 
 '""'ti^eJiJiepurpos: 
 
 r,reeve, warden oroth 
 
 ft, to subscribe for su 
 
 act for and on behal 
 
 » such stock, and the 
 
 tf^^^'-i'-indthen, 
 l^hether otherwise ou 
 pny, and may vote 
 
 .» relation to his aVth 
 [inumcpal co„„cij "r « 
 
 h meases not provid 
 iMconncilS,";, 
 
 K and which ire n^ts, 
 
 I'l may apply the nVon 
 
 H stock, or from tS 
 
 ^^P^technoneysTelot 
 
 ^*- sec. 69. So 
 
,47911.] AIDING ROAD COMPANIES, ETC. 
 
 367 
 
 :(*) 
 
 provisions of this Act in resnpof t u , 
 creating debts. (.) See seCTol:! 3%')^ '''' 
 
 Ifo property owner or lessee interestPr? ; " ! 
 shares or stock in, any compan ' ^h .?V°' ^«^*^^"^ "e^ons 
 to vote on a by-Jaw for th^ n? ^ **" ^^ qualified '"torestod iu 
 bonus to ike conapany in w^^^^^^^ a trover* 
 
 as aforesaid. '^ ^ ^» ^i»eh he is so interested ^^i^"^ 
 
 aiding 8a me. 
 
 lc)Any municipality granting such airl 
 
 receive security for the eoml- ' "^^ ^^^^^ -^ 
 i and conditions upon JhiT^Z" Tl" '^^ *^-^«S 
 
 [6.« secitou 366 as to eaeLf "* '"^ ^i^eu. 
 
 establishrtvinis from taxationT ''^"nti/acturing 
 
 take and Security 
 ^ ' may bH 
 
 Aiding Road Companies, etc. 
 
 I i — ""'^o, etc. 
 
 ill. For taking stock in or lendin.. n 
 
 fe..e. to any incorporated company, fn re^S 7 ^^'^^ting Aid lor roads. 
 
 ||.'e or Ijarboui-, with n or n U •Vf *^'^P''«*^ o^ any road h«1.1i*'""'<» 
 
 lubject to the respective statute '•. "^^M^^^^'^^' »"^'-' 
 
 king aid by way of bonus to a„v '^* ^"^^^^^^ «^' ^or 
 
 fee company; {t) ^^J incorporated road or 
 
 t of a municipal corporati^^^TTTTr " — , 
 
 be of the conditions on wliich n if ^ '^oi^tgage to secure nprf^ 
 W Ronald, 4 0. R. i^'/f^^ ^--. has b en gra^tirt; 
 I See sec. 344, et seq. . . 
 
 A municipal council havinw ' • • 
 
 igli or along the boundary ofwh!!.? '^'*^*^"" ^i*hin the lopnlif, 
 
 i 'or the lilce purpose, and n'av tt.? /''^' '' '^"^ fo, me W * " 
 r,reeve, warden orofcher chief nffi ^'T,*'™^ to tinie dirZi-t 
 .-. to -bscribe for such Xf i^ihi *'^' "^"^^-'Pality on behalf 
 
 lunicipal council mav na,r „ii • ^ "^"^ '"«nic Pahtv // ^ i?'^ 
 Ibeforand acqui^^ o,!f V" instalments u£, S« ' f ^" is- 
 land which T '^^t "ne'chtr^^ "'""^^« beK^-ni tolh? *^'-^ 
 
 r ^^' So the munioipai couS ^ Zl rV/ 
 
 I "'^ '^"y iocahty 
 
*, 7 ft'k . J .1 i 
 
 
 
 
 .. m 
 
 
 r|P 
 
 1i '1 
 
 
 
 358 
 
 THE MUNICIPAL MANUAL. 
 
 Assent of 
 
 electors 
 
 necessary 
 
 [8. 497 11. 
 
 (a) No such by-law granting such aid by way of h 
 
 shall be passed until the assent of the electc ?"* 
 
 been obtained in conformity with the provisj j 
 
 this Act in resjject of by-laws for creating debts'Vl 
 
 Aiding Indigent Fersons and Charities. 
 Aiding indi- 12. For aiding in maintaining any indigent nersnn ui , 
 
 gent persons. j^.i ••i-i.^. » " I'^^'^son beW 
 
 mndohari- ing to or found in the municipality at any work-house h 
 pital or institution for the insane, deaf and dumb blir' 1 I 
 other public institution of a like character ; or for ai-i t' I 
 aid to any charitable institution or out-of-door rehef t 
 resident poor (v) ; See sec. 504: (H). 
 
 Census. 
 
 Locaicensus 13. For taking a census of the inhabitants, or of tli 
 resident male freeholders and householders in the mun" 
 pality; {iv) '" 
 
 ties, 
 
 through or along the boundary of which any sucli road 
 within which any such work connected therewith is constiui 
 
 may out of any moneys belonging to the municipality, and aotaijiiJ 
 
 01121 
 
 agreed on between the company and the municipality inakin/t 
 
 priated to any other purpose, lend money to the company autll!" 
 to make the road, &c. , upon such terms and conditions as 
 
 loan ; and the municipality may recover the money so ioi,ntd' 
 appropriate the money so recovered to the purposes of the niuni 
 pality. lb. sec 71. The municipal council may issue debenti 
 for the payment of any loan negotiated by them w=th any j 
 company, in the same manner, and subject to the same conditii 
 as required by law with regard to the issuing of other debenti 
 lb. sec. 72. 
 
 (m) See sec. 344 et seq. 
 
 (v) The Legislature here, have enabled but not required iiiunid 
 councils to pass by-laws for aiding in maintaining any indigent] 
 son belonging to or to be found in the municipality at a public 
 tution, or for granting aid to any charitable institution or I 
 resident poor. In England the 43 Eli^ ch. 2, makes it the i 
 Justices to provide foi- the relief of the poor. The words usedii 
 English Act are, "shall and may tax, rate and assess," and itl 
 provides for overs'ers of the poor, who have power to call fori 
 adndnister the necessary funds. We have no such organization, 
 is not therefor competent for our Courts to proceed upon thecal 
 any individual applicant, for it does not rest with the Courts tq 
 tate to municipal councils what particular cases of distressed 
 public relief. Per llobinson, C. J., In re McDougall and Li 
 U. C. Q. B. 82. 
 
 (w) The B. N. A. Act provides for a decennial census (sec.8)j 
 ■the Dominion Legislature has made provision for the 
 
 f^. m 15.] 
 
 Driv 
 
 U. For re^ 
 other cattle ( 
 f ten ting i-acin< 
 tiiereon; (x) 
 
 I 15. For ope: 
 
 \, widening, 
 
 ■own. 
 
 (Irai 
 
 IIS. 
 
 ion of the com 
 
 sking or using 
 
 any way ne 
 
 ndfor entering 
 
 , . . o 
 
 I the municipal 
 Sir any sewer, bi 
 let contained ; 
 
 % s, 20. 
 
 kcemiial census, 
 hire to have a cen 
 I particular locali 
 I which events, p( 
 18US. ,See also .sec 
 
 I Xo person is a 
 bther animal upon 
 
 J It has been he]( 
 Jno right to bring 
 Individual, and lea 
 Itiiat it could not 
 Jwiiig that it was n 
 Ij? from the plain 
 te, See Brown v. 
 m.% 25 17. C. Q. 
 ■further Merryfiela 
 fwi Local Bonn 
 Iter right than an ii 
 Isand streets and i 
 WGmml V. Ucil.,, 
 I ""4. As to the 1 
 |initterintoa(h-ait 
 ^ration. See (,'rm 
 
 I By section 48.S, it 
 
 iH-iiers or occupiers 
 
 t«'itered upon, tak 
 
 )■ of Its powers, or 
 
 " 'iiiecompeusati( 
 
!■ 497 U. 
 
 ' of llOUUS ' 
 
 ectovshasl 
 ovisions ot | 
 ; debts. («) 
 
 DRAINAGE. 
 
 359 
 
 rson I 
 c-hoMse, hos-l 
 iib, blind oti 
 ii)v gvantinji 
 relief to ' 
 
 its, or of till 
 11 the muuicd 
 
 I road pas^i,] 
 
 II is constmcW 
 ;y,aml acta 
 mpany autlion 
 litiuns as may I 
 lality making t" 
 by so loiintdij 
 [es of the nranif 
 
 issue debentu 
 n w'th any sJ 
 
 same conditio 
 lotiier debentu 
 
 tequired nmnio 
 
 lany indigent j 
 
 at a public ij 
 
 Ititution ot toj 
 
 Ikes it the doti 
 
 ■ words used in 
 
 |isses3,"anditj 
 
 ler to call forj 
 
 Ih organization. 
 
 Td upontliecf 
 
 1 the Courts t 
 
 lot distress cal 
 
 \ugall o,wi iol 
 
 Icensuslsect 
 the tailing ( 
 
 IS. 479 15.] 
 
 J)riving or Hiding on Roads and Bridges. 
 
 U For regulating the driving and riding of horses and Jo regulate 
 ther cattle on highways uiid jniblic bridges, and for pre- roffind" 
 fntr racinf', imraoderate or dangerous driving or riding ^''^^k®"- 
 
 ^hereon; {x) 
 
 Drainage. 
 
 15 For opening, making, preserving, improving, repair- Opening or 
 ,ff widening, altering, diverting, stopping np and pulling drains and 
 t ilifti"«. sewers or water-conrses, within the jurisdic-^j;^';;,^^ 
 Lo'f the council, {y) and for entering upon, breaking up,- 
 Icinir or using any land in or adjacent to the municipality, 
 anv way necessary or convenient for the said purposes, 
 ndtoV entering upon, taking, or using any land not adjacent 
 le municipality for the purpose of i)i'oviding an outlet 
 hr'iiiv sewer but subject always to the restrictions in this 
 [ct' contained ; (s) 4G V. c. 18, s. 482, (10-15) ; 51 V. c. . 
 s. 20. 
 
 fcennial census. R. ^. C. c. 58. Bat the municipal council may 
 hire to have a census more frequently, or to check the census of 
 I particular localitj' made by the Dominion authorities ; in either 
 (which events, power is here conferred for taking the requisite 
 
 BUS. See also ^ec. 18. 
 Xonerson is allowed to race with or drive furiously any horse 
 
 Kh'er aiiimal upon any highway. Kev. Stat. c. 195, sec, 5, 
 
 I It has been held under former statutes that a municipal council 
 |no right to bring down water in any quantity upon the land of 
 liidividual, and leave the water to stagnate there, without show- 
 ithat it could not otherwise have been got rid of, and without 
 Line that it was not in the power of the council to lead the water 
 ly [roin the plaintiff's land after the council had conducted it 
 L See Brorcn v. Sariiia, 11 U. C. Q. B. 87 ; Perdue, and Chin- 
 Wy. 25 U. C. Q. B. 61 ; Jiowr v. Roche.'<ler, 2!) U. C. Q. B. 590. 
 Ifurther il/«''7/A'V/f/ V. Worsler, 14 Am. 592; AttDrney-Gcneral \. 
 \hmi Local Board, h. R. 20 Eq. 626. A corporation has no 
 Iter right than an individual to collect the surface water from its 
 liind streets and discharge it upon the lands of another. Attor- 
 \Gmr(d v. Lenh, L. R. 5Chy. 583; Nooimn v. Albany, 21 Alb. 
 
 . "4. As to the liability where a person is allowed lo discharge 
 Imitter into a drain wliich is under the control of a municipal 
 
 bration. See Oray v. Dundas, 11 O. R. 317. 
 
 j By section 483, it is provided that every council shall make to 
 
 Iwiiers or occupiers of, or other persons interested in, real pro- 
 
 [entered upon, taken or used by the corptjration in the exercise 
 
 : of its powers, or injuriously affectod by the exercise of its 
 
 due compensation for any damages (including cost of fencing 
 
360 
 
 Doors, &e., 
 of public 
 buildings. 
 
 II 
 
 Fines and 
 penalties. 
 
 THE MUMCIPAL MANUAL. 
 
 E(jres3 from Buildings. 
 
 [s- 479 IG. 
 
 16. For regulating the .size and number of doors • 
 churches, theatroH, halls, or other buildings used for dI ^ 
 of worship, public meetings or places of amiisemont and ti,' 
 street gates leading thereto, and also the size and numbp • f i 
 doors, halls, stairs, and other means of egress from all li 
 pitals, schools, colleges, and other buildings of a like natur t\\ 
 and also the structure of stairs and stair-railings in all si, I 
 buildings ; and the strength of walls, beams, and joists and! 
 their supports, and for compelling the production of tiJ 
 plans of all such buildings for inspection, and for enforci ^ 
 observance of such regulations. 50 V. c. 29, s. 20. 
 
 16. {a) For regulating the size and strength of 'valls bean 
 joists, rafters, roofs, and their supports of all buildings to 1 
 erected or re[)aired within the municipality, and for coinnel 
 ling the production of the plans of all buildings for insped 
 tion, and for enforcing observance of such ret'ulatious \ 
 V. c. 28, s. 21. " ■ ^' 
 
 Fines and Penalties. 
 (See also sees. 420-423. j 
 
 17. For inflicting reasonable fines and penalties Iw) 
 
 when required) necessarily resulting from the exercise of such powfl 
 beyond any advantage whicli the claimant may derive from thee 
 templated work. It is clear, therefore, that no municipal corp 
 tion has a right to trespass uptm the property of a private ijeil 
 doing no unnecssary damage, unless they shew it was necessarvl 
 convenient for them for the purpose of the road, street, oiol 
 work. Besides, it should he shewn that there was a by-law aulf 
 izing the work. 'S'^ 6'eon/e'.s Church v. Count ij of Greij, 21 U. i 
 B. 265. Unless a liy law were shown, the corporation woulj 
 looked upon as trespassers ; and to answer, under such circuiu 
 ces, that they trespassed a little, doing no unnecessary damai'e, i 
 be no answer at all. {Ih.) See Pratt v. Stratford, 14 0°R| 
 ^//e?'.s' V. Town of Windsor, Ih., 682. 
 
 {v) See The Act to regulate tlie means of egress from 
 Buildings. Rev. Stat. c. 210. 
 
 {w) The corporate powers are not only limited but nnist be i 
 ably exercised, and not only strictly within the limits of the( 
 but in perfect subordination to the constitution and general law 
 land, and the rights dependent thereon, and that power if pj 
 exercised, may be enforced by good and competent penaltiej 
 Dickinson, J., in Wafers v. Leech, 3 Ark. 115; see further n| 
 sec. 286. It was at one time supposed that, under power I 
 
 an 
 
 Vr« 
 
 se^ 
 noc a 
 
 -T. fiW; ffarf v. ju, 
 
 If^' Bntahyt 
 hh^r one for the 
 Ntoffence, does no 
 
 H^e(il)v any author, 
 
 llleJiniitationisA';/) 
 
 ;«tio„ofa|/.j"f/^' 
 
 f«:e(itorio,IirectJ,; 
 '«« reality only ^' 
 
 one 
 
exceeding |50 exclusive of costs, (a,) 
 
 itcorporoh'onshave an inmi,- ,^''- ^S- 117 Sn -.i.^® '» effect 
 Ipihon of reasonable i".'''^^'' P«^ver to enfoi,!: ^^'"^s been S 
 
 361 
 
 |. A penal y. although s„'S"fc ^/^iZ/fv A?7 ""^^« P'-e" 
 iclianunaiitliorzefj np,.a^' '"^^t'oneverr o+. i ^'"^^e, 3 Aln 
 
 y i2M„s. (T^ Vl-;P- ^H pi. 368^ ,tX'r' V-M 
 
 fraction of a by.Ja^/ j'^"* cannot fix a/re'^f ?^ "laximun, 
 P^ed to ,10 clirecth; Y,'^"««fc do indirec Iv ,T ^" "'"PenaS 
 hreality only o^e o'4roe""L'^^"^"^Sy^nt'- to^'^^^ ^'^ ^« 
 tf ^^ce. and annexin^a pfnaU;"^^ th-t 
 
 
 . ill] 
 
 ill f 
 
 
 .f 
 
 i ' 
 
 ' 1 , 
 
 r ! 
 
 1 
 
 
 1 J 
 
 
 
 ,4 
 
 
 i 
 
 
 II i 
 
 \m' 
 
i tt ^ 5 
 
 ■ » .hi 
 I ■" 1 1 
 
 
 •1' •' ■ il 
 
 ij !!-i»r \r 
 
 ' tl III ! 
 
 tM.C'l 
 
 
 i- 
 
 
 iV.^2M;iif? 
 
 362 
 
 THE MUNICIPAL MANUAL. 
 
 b- 479 1: 
 
 of dStyJor' ("*) ^P°" ^"^y P^^^^^ ^^^ ^^.^ non-performanco of his duties 
 refuiaito who has been elected or appointed to any officft ju tU 
 accept office, poration, (y) and who naglects or refuses to acce|)t sudi offi*^' 
 
 Or breach 
 of by-laws. 
 
 CoHoctiDg 
 penaltiea 
 aad costR. 
 
 Imprison- 
 ment when 
 allowed and 
 time of. 
 
 unless good cause is shown therefor, or to taite the dec! 
 ation of office, and afterwards neglects the duties thereof "i 
 and ' ' 
 
 (b) For breach of any of the by-laws of the corporation • r 
 
 18. For collecting such penalties and costs by distress i 1 
 sale of the goods and chattels of the offender ; (6) 
 
 19. For inflicting reasonable punishment, by iniprisonmei t 
 with or without hard labour, either in a lock-up house i 
 some town or village in the township, or in the couuty wa 1 1 
 or house of correction, for any period not exceeding twenty 
 one days, for breach of any of the by-laws of the council i 
 case of non-payment of the line inflioted for any such breach 
 and there being no distress found out of Avhich such fine m J 
 be levied : (c) except for breach of any by-law in cities ai 
 of any by-law for the sui)pression of houses of ill-fame in anvl 
 
 evade the statute. See preceding note. But where each transaction] 
 is really a distinct offence, and may be so declared, and the punigU 
 ment for each is within the competence of the corporation, the tinei 
 would not be illegal though in the aggregate exceeding goo', exclusivj 
 of coats. Heise v Town Council, 6 Rich. (S.C.) Law. 404- seenlJ 
 Chicago v. Quimby '^^ ^'^ ^ta ' "^ 
 
 an 
 
 ^74. 
 
 (.y) Every qualifi xl person duly elected or appointed tobeaw»mi 
 alderman, reeve or d-puty reeve, covucillor, police trustee, amnsirr 
 collector, who refuses to accept office, is subject to a penalty of od 
 more than §80 nor leas than §8. Sec. 277. This section must 
 taken to apply to officers other than those for which the Acthasniai 
 express provision. 
 
 (z) As to what is "neglect," "refusal," or "good cause" fori 
 accepting, see notes to sec. 277. 
 
 (a) See note to to this sub-section. 
 
 (b) The power to enforce the payment of fines by distress and* 
 is one that must be expressly conferred. White v. Tallman, 2Dui 
 (rT.J.)67 ; Bergen v. Glarkson, 1 Halst. (N.J.) 352; see also CTwi^ 
 Tucket, 3 Lev. 281 ; Lee v. Wallis, 1 Ken. Caa. 292; Adieu v R((i 
 2 M. & S. 60. ' 
 
 (c) There is no power conferred to provide in the first instance! 
 imprisonment. The power is to impose the imprisonment in c?.s 
 non-payment of the fine, and there being no distress found *r 
 which the fine can be levied. See note m to sec. 422. It is not ii, 
 to provide that a municipal corpo; ation shall have power to impd 
 in the first instance for non-paymtint of a fine. See London w m 
 12 Mod. 686 ; Clark's Case, 5 Cc. 64 ; Bah v. Clerk, Moore, 
 
7917. 
 
 duties 
 he cor- 
 \\ office, 
 
 cledar- 
 :eot';/,\ 
 
 tion; fn) 
 tvess and 
 
 ilsonmeiit 
 house in 
 lunty gaol j 
 ig twenty- 
 council, in j 
 ich breach, 1 
 ch fine caal 
 I cities audi 
 'ame in any] 
 
 ;h transactiottj 
 \ the yunishi 
 ion, the tinei 
 §50, excksiv^ 
 40-i ; see ala 
 
 tobeaiunijoij 
 [ee, ncscssor ( 
 )enalty of nij 
 [ction must ' 
 
 cause" Jon 
 
 hstress nii'l 
 iillman, 2Du| 
 lee also Clfrfe 
 
 Irst instancej 
 aent in c?.* 
 
 Iss fomd I 
 It is not VI 
 
 Iwer to impj 
 
 \ondon v, ' 
 [k, Moore, 
 
 nv 
 
 479 20.1 ORNAMENTAL TREES. 363 
 
 unicipftlity, in which cases the imprisonment may be fur 
 ^ V period uot exceeding six months, with or without nard 
 rbour (d) in case of the non-payment of the costs and fines 
 •^flirted (e) and there being no sufficient distress as aforesaid; 
 leV.c'Ks. 482 (18-20). 
 
 Ornaviental Trees. 
 
 20 For causing any tree, shrub or sapling, growing or Renuiations 
 nlanted on any public place, square, highway, street, lane, "hrubs^Vto., 
 llev or otlier communication under its control, to be re- i«> p«Wic 
 oved if and when such removal is deemed necessary for ^ ***** 
 
 purpose of public improvement; but no such tree, 
 hrub or sapling shall be so removed until after one month's 
 notice thereof is given to the owner of the adjoining 
 nroperty, and he is recompensed for his trouble in planting 
 and protecting the same ; nor shall such owner, or any path- 
 master or other public officer, or any other person, remove or 
 cut down or injure such tree, shrub or sapling, on pretence 
 of improving the public place, square, highway, street, road, 
 lane alley, or other communication or otherwise, without 
 the express permission of the municipal council having the 
 control of the public place, square, highway, street, road, 
 lane alley, or other communication ; and any council may 
 expend money in planting a nd preserving shade and orna- 
 mental trees upon any public place, square, highway, street, 
 road lane, alley, or other communication within the munici- 
 pality, and may grant sums of money to any person or 
 
 hex T, Merchant Taylor's Co., 2 Lev. 200 ; Chilton v. Raihoay Co., 
 1 16 M. ifc W. 212 ; Barter v. Commonwealth, 3 Pa. (Pen. & W.) 253 ; 
 LvewOWeanJV. Costello, 14 La. An. 37 ; Burlington v. Kellar, 18 Iowa, 
 1 89; Brieswickv. Mayor, die, of Brunstvick, 21 Am. 240. 
 
 [d) The ordinary limit of imprieonment in default of payment of 
 
 Ifine, or distress for same, ia twenty- one days. In re McLeoi and 
 
 Miiicarrfine 38, U. C. Q. B. 617. But in all cty by-laws, and in by- ^ 
 
 litwa of any municipality for the suppression oi nouses of ill-fame, the 
 
 Itenn of imprisonment may be extended to a period not exceeding six 
 
 %nth8. A conviction under Con. Stat. Can. cap. 105, for keepipg a 
 
 iiouH of ill-fame or being an inmate of such a house, adjudicating that 
 
 ^e accused should pay a fine of $50 forthwith and be imprisoned for 
 
 W months unless the fine be sooner paid, was held to be illegal. 
 
 ^trt Slater and Wells, 9 U. C. L. J. 21 ; Beg. v. Munro, 24 U. C. 
 
 tB, 44; see further, Reg. v. Bice, L. R. 1 C. C. 21. 
 
 (e) The amount of the fine in no case must exceed $50 exclusive of 
 MtB. See sub-sec. 17 of this section. 
 
364 
 
 LIgh! weigrht 
 and "hort 
 
 ;t K » 
 
 THE MUNICIPAL MANUAL. r„ ^-a ^ 
 
 association of persons to be expended for tlio sainp 
 poses ; (/) 46 V. c. 18, s. 482 (22). P"""' 
 
 Seizing/ Bread, etc. 
 
 21. For seizing and forfeiting bread or other uiticlcswl 
 
 of light weight or short meaburenient. (7). 4(j y „ i^"'" 
 
 482, (24). iSee also sees. 489, (52) ; 603, ([)). ' ' ' '• 
 
 (/) In 1S71 tho Legislature of Oiitnrio for the first time unable 1 
 municipal council to expend money in tho planting and prtatr 
 of shade and ornamental trees upon the highways within the ^'"^ 
 cipality, 34 Vic. c. 31, s. 5, and to grant sums of money toT' 
 persons, or association of persons, to be expended for sucli a nnr "^ 
 J/>. The latter part of this sectio?' is a re-enaiitment of the Insti'*^" 
 tioned provisions. Besides municipal councils are enipo\,c!re(l to alf 
 to any person who shall plant any fruit trees or any trees shruls*^" 
 Baplings suitable for atlbrding shade, on any highway within tl"^ 
 municipality, in abatement of statute labour or out of the wn I 
 funds, a sum of not less than twenty-five cents for every tree sni 1 I 
 ed. 8ec. 489, sub-s. L'7. See also Rev. Stat. c. 201, ' 'I 
 
 (;/) The assize of bread has from the earliest times been deemed 
 necessary. See liurn'u Justice, Title " Bread." 'I'he apparent me 
 ing of the assize of bread, seems to be the power or i)riviltire^''f 
 aasizing or ailjusting the weight or measure of bread. J{e wYimm// 
 2 O. 11. 192. Tower to regulate the assize of bread is given by'sl'' 
 503, sub-s. 12. Tne power to seize, as forfeited, broad orotiierpio 
 perty for light weight or short measurenieut, is one that oanuot U 
 inferred from a mere power to regulate. Power " to regulate evtrv 
 thing which relates to bakers," was held to give authority to nioviJel 
 for a for a forfeiture of bread baked contrary to the provisions of si 
 by-law. Mobile v. l'M»//f, 3 Ala. 137. ^^o a by-law providing a fori 
 feiture for the use of the city workhouse of bread so baked wal 
 held legal. UaUlotle, v. New Orkav/i, 12 La. An. 43'2;yV;nT 
 Fazaktriy, 30 IJarb. (N. Y.) 392. The sale of Inead is nowinEo'J 
 land regulated l)y G & 7 Will. IV. cli. 37. In it there was an exceJ 
 tion of oread which, when the Act was passed, was known undertO 
 denomination of French or fancy bread. When this fancy breaj 
 became afterwards bread in ordinary and common use, and was s 
 sold, it was held that the exeeption had ceased. lif<j. v. Wood, L 
 K. 4 C|J. B. 559. "The object of the Legislature in passing the Acu 
 was to liberate the trade from the restrictions of tlie Assize Act, anl 
 leave the baker at liberty to make bread of any size and shape 1 
 pleased, and to charge his own price for it ; but in order to prot« 
 the customer from imposition, it required the baker to sell by weigliJ 
 He is no longer at liberty to sell at so much a loaf : he must sell j 
 so much per pound, and the customer is to be supplied with so mai 
 pounds of bread, unless he chooses to have an article of an excel 
 tional quality — something that is not ordinary bread ; and if h\ 
 that, tlie baker is at liberty to sell it without reference to weig 
 But unless it is of an exceptional character, if it is the common artici 
 of consumption, the baker nmst sell it as such. It is obvious tbatl 
 what is now ordinary bread is to be treated as exceptional and j^ 
 
 m.] 
 
 22. Fon 
 
 iiiiicli real \ 
 
 coi'jioratioii, 
 
 iiitlieraiinifii 
 
 (]]() coDseut c 
 
 compensation 
 
 (leterniinerl u 
 
 wJiere the j)ai 
 
 23. Ill evei 
 
 jiriate lands ii 
 
 JO expropriati] 
 
 slate to be use 
 
 for the purpof 
 
 iinti (Irive.s, wit 
 
 and siiall luuin 
 
 rejinir ; and sht 
 
 Iforsuchpublic J 
 
 I for the safety o; 
 
 the residen 
 
 [priateci. (j) 5< 
 
 480.-(l) E^ 
 
 fjrticle of luxury, 
 Iliient will become .« 
 lease, luider tho saii] 
 ft customei' asks for 
 Hfiiether the baker 
 pe baker is bound 
 Was bound to weiJ 
 lound to weigh the] 
 B sell it by weigl/ 
 Iread, fancy bread,] 
 |!.4Q. B. 565-567 : 
 >Q.B..')5,5. Thep 
 knother is an extrenJ 
 JDiiferred. J)onovaj\ 
 mamberlain, I7 "Wis 
 hitbmigh v. Saffiu, . 
 • y>iille, 3 Ala. 1 371 
 [(A) See also The p\ 
 |(i) See sec. 386, et . 
 lijj As to the powel 
 *e«ec. 489, sub-s. 5] 
 
 m .f !■ .a 
 
 ^X^\ 
 
480.] 
 
 GAS AND WATKR. 
 
 365 
 
 Acquiring Latuh fw Farks^ etc. 
 
 00 For cntoring ui)on, tukingantl using and acquiring so |'^«iu'j:''^'k 
 h real property aa may be required for the use of thepurkH/etc. 
 
 " "'^oration, for jmblic ])arkH, squares, boulevards, and drives 
 !"'',' jijiioiuality and adjoining local municipalities without 
 "lo consent of the owners of such real property, making due 
 ' "' iiensatiou therefor to the parties entitled thereto, (//) to be 
 1 terniinwl under the provisions of this Act, by arbitration, 
 d.eretlie parties do not agree ; (i) 
 oQ Tn pv«rv case in which any municipality shall expro- '"''ovigiong 
 hte lands in an adjoniing municipality, the municipality oxpropriatej 
 J'' gjipropriating such lands, shall put the same in an efficient J*,'^",,;;^"'^- 
 f to be used as, and open the same to the general public, miumci- 
 for die purposes of such public parks, squares, boulevards, ''*"'*• 
 
 1 ,uive.s within a reasonable time after such expropriation, 
 ""isball maintain and keep the same in an efficient state of 
 "' fiir • and shall j)rovide and maintain such police protection 
 
 1 forsucii public parks, squares, and drives as shall be necessary 
 for the safety of the public frequenting and using the same, 
 I 1 i]jg residents whose lands adjoin the lands so expro- 
 Ijiated. (i) 50V.c.29,s.21. 
 
 GAS AND WATER. * . 
 
 480— (0 Every municipal council shall have power to ^jj|j'^"^j.\'"*>' 
 
 Lrticle of luxury, because it waa so at the date of the Act, the enact- 
 Iment will become a dead letter." Per Lush, J., lb., CiG2. in another 
 lease under the same Act, Cockburn, O. J., said, •'We think, when 
 la customer asks for bread by weight, that clearly is a casein which, 
 
 fhether the baker chooses to give hin» ordinary bread or fancy bread, 
 [tne baker is bound to sell by weiglit. We by no means say the baker 
 
 iras bound to weigh in the presence of the customer, but he was 
 
 (ound to weigh the bread at some time or other before he sold it, and 
 sell it by weight instead of by the denomination of household 
 
 bread, fancy bread, or auy other denomination. " Hey. v. Kennett, L. 
 
 R,4Q. B. 565-567 ; see further. Aerated Bread Co. v. K-reyg, L. R. 
 
 I Q. B. 355. The power to seize, forfeit or destroy the property of 
 
 mother is an extreme power, and only to be exercised when expressly 
 
 ionferred. Donovan v. Vicksburg, 29 Miss. (7 Cush. ) 247 ; Aiiles v. 
 
 \liamkrlain, 17 Wis. 446 ; Cincinnati v. Buckingham, 10 Ohio 257 ; 
 
 mbaugh v. Saffiu, lb. 32 ; Phillips v. Allen, 41 Pa. St. 481 ; Mobile 
 
 . Yuilk, 3 Ala. 137. 
 
 \{h) See also The Public Parks Act, Rev. Stat. c. 190. 
 
 [(i) See sec. 386, et seq. 
 
 \[j) As to the power to acquire land outside of the municipality, 
 
 ^e sec. 489, lub-s. 57. 
 
^;' 
 
 m 
 
 nm SI 
 
 ijV IF ■t I 
 
 366 
 
 with com- 
 pit or for 
 ■upply of 
 wator. 
 
 THE MUNICIPAL MANUAL. N 4gQ , 
 
 contract with any water- works or water company for asuDi I 
 of water within the municipality for fire purpoHes uiid otlip 
 public uses, from hydrants or otherwise as may l«. (leempi 
 advisable, and for the renting of such hydrants for any m,,, 
 her of years not, in the first instance, exceeding ten and I'o 
 renewing such contract from time to time for such poriod not 
 
 every 
 
 m.] 
 
 Powera In 
 ruxpect of 
 li^litini! anil 
 coiiHtruetioi\ 
 of liM works. 
 
 Rev. Stat. e. 
 164. 
 
 Municipal 
 corporation 
 ponstructlng 
 works to 
 supply with 
 gad or water 
 buildings on 
 line rf 
 Bupply, on 
 requuat. 
 
 Corporation 
 may require 
 security 
 from 
 consumer. 
 
 Liability for 
 failure of 
 supply not 
 
 affected- 
 
 exceeding ten yeai's, as the council nuiy desire, and 
 council shall also have power to purchase hydrants necfsiiHrv 
 for any of the purposes or uses aforesaid, and also to erect 
 the same ; and to purchase or rent for a term of yearn or 
 otherwise, fire apparatus of any kind, and fire appliances mid 
 appurtenances belonging thereto respectively. 46 V c 18 
 8. 483. 
 
 (2) Subject to the provisions of this Act, or any upecigl 
 Act, so far as the same may bo applicable, the powers of 
 municipal corporation for lighting the niunicipalitv or for 
 vionstructing gas works, whether by this or by any spedfij Act 
 shall include the powers conferred on gas companies Usee- 
 tiouh 54 and 55 of The Act reapectinj Joint iStock Oomimnki 
 for aitpplyiny cities, totvns, and villages loith gas and wakr 
 42 V. c. 23, 8. 3. 
 
 (3) Where any municipal corporation has constructed anrl 
 gas or water works for supplying the munici[m]ity with rrason 
 water, (k) and where there is a sulliciont suj)ply tliereof 
 shall be the duty of the corporation to supply with eras ofl 
 water all buildings within the municii)ality, situate upon laiidj 
 lying along the line of any sui)ply pipe of the said corporation 
 upon the same being requested by the owner, occupant ( 
 other person in charge of such building. 
 
 (4) The corporation before supplying gas or water to an 
 building, or as a condition to its continuing to supply t|i 
 same, may require any consumer to give reasonable securij 
 for the payment of tho [>roper charges of the company fbeij 
 for, or for carrying the gas or water into such building, 
 
 (5) Nothing in the preceeding two sub-sections contain 
 shall be construed in any way to affect the liability of 
 corporation in respect of damages on account of any : 
 of supply through mischance, accident, or raistnanagema 
 but the position of the corporation in respect thereto, i 
 remain as if such two sub-sections had not been enacted. 
 V. c. 26, ss. 1, 3, 4. 
 
 {k) See Rev. Stat. cc. 101 and 192. 
 
 m. Tho c( 
 
 crime is boliev 
 
 a rpH'ivcd foi- th 
 
 civuiml, or of i 
 
 (/) -16 V. c. 18, 
 
 St/.W.WA 
 
 48? Whouev. 
 
 \ tn (liivct, by by-] 
 
 slioiild bo done 
 
 I mv niso, by till 
 
 jdefiiidt of it.s boii 
 
 I skill bo done at i 
 
 |iii;iy reco\'er tlio 
 
 Irfistress ; (m) am], 
 
 Jjli'ill he I'ecovered 
 
 I^O y. c. 18, s. 485 
 
 CO.MPE.V.SATro 
 
 483. Every coiuk 
 
 [of, or other person.s i 
 
 ill Ai to tho neoos 
 
 M Tho usual penalt 
 ttsec. O, sul). s. J7. 
 Itkniiso than hy Hhq , 
 I", of sec. 479. Uut w 
 Imeboiiy should (Jo tho 
 B (lone at the expenao 
 iiili3lioret'xpres.sly gjv 
 Iswsiichiiptuver Jiaj 
 I J). The imvor is now 
 hr\muon has authority 
 »tterorthin4'"sJ,o„j,j 
 Ufenuga party H-alJ of 
 mixrse "acontimji 
 It e removal of tJie stru 
 
 » i)y- aw permits of siic 
 M,L.B. 8C. P. 4]J3 
 
 In) .Municipal rates mav 
 fin either ease there U 
 FDiuchheisrated T 
 if e amount, iVo prov, 
 IJe.nanie of the person 
 *fer IS intended remains 
 
m] COMPKXSATIOV FOR LAyD« take^. 
 
 DISCOVERV OP CRrMES. 
 
 481. Tlio council of niiy uuiuici Vt 
 
 SU.VMAHV REMj.oy IP nv r a 
 
 48? Wl,„„ev„r any .Munioina, .„ T °'""'"'' 
 U„li«t, l,y l,y-kiv or olherwL, that „,, r "^ ''"♦'■"■■ity »'»*« 
 ihonU lioiloi.o lyany jiersoii or ,.,.7.: "•'^ "'""<"• or tliini~"i»i"'« 
 
 .„,K by tl,. „,„„ 'or anUre^'^X"""/-'""''"""^ f-°"" 
 defiiiilt of Its bfiiii^r (lone hv tlm r,^. -^ ^' "irecfc tlin^ ir. {"'o^ted to 
 
 B9T 
 
 tot 
 
 "• "- """>^ >v ""v person op n^,.. *'. """"t'l- or t/iinif .'""'"« 
 
 ,.„,1» by tl,. „,„„ 'or a„:,tre;'^X"°"/-'""''"""2 f-°" 
 
 defiiiilt of Its bfiin^r done bv tJin n«. ^ ' furecfc that in i"T*'"' '" 
 
 ,11 k« do,,, at tl,„ ox,,e,f,e ,7t r;';,™"'' ""'"-' o.Sw^«-«°X 
 IV recover tlio oxpendH fl,o..„.-/ .''®''^0" "i defai.Jf ^^'^ 
 
 aemun 01 u« iwn^' ((one by tJin r,«. -^ •■'"', uirect t ha«- in 
 ■Ulkorloaoat ll,o oxpeiL'^fP",™"' ""<••'■ "'^tter or tW„" 
 
 |„i:,v rwovei- tI,o e.V|,e„«e thereof will ' "' 'Wnult, nn,l 
 &(,«,,• ,«) and, i„ ca.,e of „„„ o,,?^ ™"-'' 'V actio ,„ 
 «. I« .■ecov.«, in Uke ..ZT^^'Z^lr^'' "'" «- 
 
 Un.c. 18, s. 485. "'"<^^I'fii taxes. (,4) 
 
 48J Kveiy council shall ,„„k„ .„ ,, "'"■''• 
 
 rf..r other por.,o„» interested in, real .^o":™^" "^ »=o«|.ier,, o.„.„ „ 
 
 — — ___ ' ' ^y ^^iitered upon ["'"'" taken 
 
 Ai to tlio iieoodsity for tl.ia "^ ' L^ ' oy oorporu. 
 
 "M. 
 
 -— - ■ ^~-^- _• . -V -""area upon, 
 
 Ai to tlio iieoodsity for f).;. " 1 
 
 )iif Tile usual penalty for iinn «« ,. 
 
 .sec. 47!), sal), s. 17. P,m r ♦ "/^•'^"«" W'ith a hv ?„, • 
 
 i.nviso than hy line ,nS Z **' ^"^""""^ tl»e nr v!Jo^,t'f ".'^ «"«• 
 
 ' );lyshou I (0 tho thiiKr .^ "?J«^"t of the uv-nw ic 
 
 ^Ji.horeexprosVgive, *H/^/-'=.V'» default i a S/rJ," n '"« *^ 
 »no«- such a power has f^r „ i '*^ '''»«« ^^ by-Jawe for f?"*''^® «"«. 
 
 lonitblyshouMdothothL. ! -'J'^"* "^ the by hV?« ^' *« '"'^-«- 
 
 ."-".-xpjjygive, *H/^/-'=.V'» default i a S/rJ," n '"« *^ 
 
 Jsiw such a power has f^r „ i '*^ '''»«« ^^ by-Jawe for f?"*''^® «"«. 
 
 20, The po^w is n w ext.u ''"i^ *""« ^^''^fl sir« *'>«/emoval 
 
 kr or thing " sliould^ ,e doJe Tv'".'.'''^'''-'''''^^ to direct ttfl^'P'^^ 
 ffomgap,.,tywallofless EJ'^ «''•'/ Person or co Uov!.- ""^ 
 j»ot/.i'.. ^. contiiuung offe ;V'^ T^^"''^^ 
 
 e removal of the strufti^re" fc %,, ^^'^ '°°r« appropriate r« ''!,"• 
 Mn-.wperniitsof anoh „ t"® expense of fl.^^® ^®"'edy 
 
 * lI,c. Art " ~"™ wng j,„;.,i "'ir£ir^,T 
 
 in) Municipal rates mav be i.«„^ 
 
 It in either case there fa TZTT""^^ «'t'ier bv action , • 
 
 ouch he is rated Th;«- ^'^«^^"'g the pLo* ".°V"^tress. 
 Itheamouut. So proWs ni' ' ^? '* ^'«'-«. the j d„ml?*'''.'^"^l ^or 
 k name of the p^ralf?" L^'f.«^Pre««ly ma^K ff '"?* ^'"^ 
 
 «ri3intendedreiairto'Utt:" *^^ ^^^ wi^Lf 3 
 
368 
 
 THE MUNICIPAL MANUAL. 
 
 [»• 483. 
 
 mil 
 
 ■^ iHI lit 
 
 
 
 
 
 bL^coSeu*"*^^®^ O'' used by the corporation in the exercise of any of iu 
 aateu. powers, (a) or injuriously aflfected by the exercise of its pow 
 
 (a) An interference with the enioymenii of property belongiiiw 
 another, prima facie gives a right of action. This being so, the ri hi 
 to maintain the action exists, unless shewn to have been taken i - 
 by Act of Parliament. The burden of shewing that it has been tak"^ 
 
 aura\r raafa iiikr.*-! KVirvao iirVir. inf.«rftiro ixri+.li f.Vio ^»-i.rt*.j^^„|-i /• ., '^ 
 
 ries 
 
 igations are para 
 mount to individual rights and interests. In all civilized count • 
 ths'c is what is called the power of eminent domain. By this"^* 
 meant the right of the public to appropriate private property f'^ 
 public uses. See Divmoual Council of the Cape Division and B 
 VUliers, 2 App. Cas. 567. This right is generally subject to tli' 
 limitation that private property shall not be taken for public ii 
 without due compensation. See Wells v. London, Tilhnryand South i 
 end R. W. Co., 5 Ch. D. 130. This limitation is contained inalmo t 
 overy State constitution in the United States. See South- Wt--<u.ni p 
 ir. Co. v. Southern and Atlantic Telegraph Co. 12 Am. 585; Withn' 
 V. Oshurn, 18 Am. 287 : Oshorn v. Hart, 1 Am. 161 ; Wddy, j)JI 
 13 Am. 399 ; It is also one of the generally understood hmitations'in 
 the unwritten constitution of Great Britain. "It is said this isfor 
 the general benefit of the inhabitants, &c., and it is only opposed hv 
 a few interested individuals. The usual answer to this kind of arcu- ' 
 ment is, that if it is for the general benefit of the inhabitants to take I 
 from a few interested individuals their property, let the public mv 
 ihe interested individuals for that of which they deprive them." pI 
 Richards, C. J., in Bur7-itt aiulMarlboroiigh, 29 U. C. Q. B. 119.131. 
 see further, In re Albany Street, 11 Wend. (N. Y.) 148; Emlmriiv 
 Connor, ?, Comst. (N. Y.) 511 ; In re Webster and West Flambominhl 
 35 TJ C. Q. B. 5'X). As to the circumstances to be taken into accoiiDtl 
 in determiniiig the value of property condemned for public purposes! 
 See .fSoo7H Co. v. Patterson, 98 U. S. 403. The . iCgislature may J 
 under proper restrictions, delegate this power of em, nent domain fori 
 particular purposes to municipal and other corporal ions essentiallyj 
 public in their nature and ends. People v. Smith, 21 N.Y. 595 j 
 IVillson V. Blackbird Creek Marsh Co., 2 Pet. (U. S.) 251 ; West Kim 
 Bridge Co. v. Dtx, 6 How. (U. S.) 507 ; Bloodgood v. Railroad Co] 
 18 Wend. (N. Y.) 9; Mercer v. Railroad Co., 36 Pa St. 99; Co»i| 
 montcealth v. Charlestown, 1 Pick. (Mass.) 180; Scudderv. Trentoti 
 d.c. Falls Co., Saxt. (N. J.) 694 ; Shaffner v. St. Louis, 31 Mo, 2w| 
 Harbeck v. Tokdo, 11 Ohio St. 219 ; Swan v. Williams, 2Mich. 4i7| 
 Embury v. Connor, 3 Comst. (N. Y. ) 511. The purposes for wliid 
 private property is to be appropriated should be specified in the Ad 
 delegating the power. In re Claiborne, 4 La. An. 7 ; In n Exchmi 
 Alley, 4 La. An. 4 , East St. Louis v. St. .TJm, 47 111. 463; Kanei 
 Baltimore, 15 Md. 240. Such an Act, as being an interference wi( 
 the rights of property, must be strictly construed. Dennis v. ffwjk 
 8 U. C. Q. B. 444. Doubts with respect to what lands are authoriz 
 to be taken are generally given in favour of the landowner. Wehhl 
 Manchester and Leeds R. W. Co., 4 M. & Cr. 116 ; Simpson v. So» 
 Staffordshire Water Works Co., 11 L. T. N. S. 411, 12 L T.N. S.J 
 St. Louia v. St. John, 2 Withrow 168 ; S. C. 42, 111. 9; Wildv.D<{ 
 
, 483.J COMPENSATION FOR LANDS TAKEN. 
 
 l-due compensation for any damages (inoh.Ai 
 l^when required) (,) -eoesIrilyZ^^tl^ ,Z\^'^ 
 
 i 13 Am. 399. If there be no doubt as to the U^ i IT" ~ 
 Iconditions precedent should be strictly pursued n'^'}^*^' *«•> the 
 I York, i ««W- (N. Y.) 439; ^«,.i«e/v.^SS irS"^"^'- ^^^'^ 
 kCinriimali v. Combs, 16 Ohio 181 n847w a- ', , ^^"o St. 219 • 
 123 Conn. 189; Jtuhon v. Bridgeport Ik cit'^jL''- J^^i^^yeport 
 t Railroad Co., 2 Green (N. J.) kJo .^ ^T""' ^^^ ' ^«« mdle 
 1,0 N. Y. 328 ; P.oye v.' Brighton 20 tTC \,^^iiroad cT 
 hildo, 17 N. Y. 383; Hum v. UtiJ }^k>\F ' ^^««e« v 
 
 369 
 
 mtrary, the corporation appropriating the m-nn?T P^'^^^sion to the 
 jmpeiH&tion and expenses connected H,«.^l, ^A P®^'*^ niust pay thp 
 II III, 650; Trustees of /lUnois SS jfe'^'^^A ''^'"•'•^•' v. S«r/i 
 ,403; see ^soi>..„;.v ,,,,;,:;, f -%«« e«ji«^ C,,,, -^;, 
 
 .H 3 U. C. C. P. 1. But a provision dii^ctino^Y ^ ' ^^"^^^^.V v. 
 ud by some persons specially interesfprJ i^+u ^ *"® expenses to be 
 ,til]e.al. Fisher v. Vaughan, lOVco R *iP"°P«««d work is 
 tablialed in England that aA Act wiii^h^autf • ^^^^ "owelearly 
 jrks makes their execution lawful and «nf i ^°"^^« *he doinir of 
 tion, which would have arisen but for «,?i'^'''' ^^^y ^^^ rig'it of 
 ,ofBrm Cast Plate Manufal^JZ v l/.^r^^r^ ^«i-«o. 
 fm'f-Mayor,d;c., of London 3H T \ li^^'^^'' * T. R. 794. 
 
 • Ir. L E. 11 0. L. 160. Vt s^e So'' I f """ ^^^^^•"^'' 
 'rei.Dg judgment below. And it is a wpH' ^/PP' ^as. 430, 
 
 ■nwi/Z/uiirart /I. CO., i/. K 2 H T I'-c 
 
370 
 
 Dlfforences 
 to be deter- 
 mined by 
 arbitration. 
 
 \l 
 
 \i}> 
 
 THE MUNICIPAL MANUAL r^ .^ 
 
 exercise of such powers, beyond any advantage which ft, 
 claimant may derive from the contemplated work • (A ar,A 
 claim for such compensation, if not mutually agreed ^^' 
 shall be determined by arbitration under this Act (d) irv 
 c. 18, s. 486. See sec. 385 et seq. ' ^ '^^^' 
 
 : Boston, Concord and Montreal Railroad, 12 Am ,147 • p„„ ,, 
 freen Bay Co., 13 Wall. 168; Staford v. Frovidekc? Us' 
 "^- " ■■■■ "^ "-■'""-'' "- ^"^ ^'^reCollins'andwt 
 
 V. 
 
 Ur 
 
 710 ; Drewer v. Western Rnilroad, lb. 
 
 Coiiimisaionerfi, Ottawa, 42 U. C. Q. B, 
 
 726. 
 378. 
 
 (c) The question is, what damage wfll the owner sustain bv r 
 of his property being enterr : upon, taken or used, (accordine tnlT 
 fact) by the corporation? If all his property be taken by co f 
 plated work, he should receive pay for the value of his land I 
 Furman Street, 17 Wend. (N.Y.) 650 ; William and Anthon'n v, ^' 
 19 Wend. (N.Y.^ 078. If part only be taken the question a?"' 
 how much the remaining part will be benefited by the contemnl ?!) 
 work, and th-^.t, whatever it may be, ought to be deducted frn !k 
 
 s».)291; 
 
 Gray (JIa«,)l 
 y. County Von' 
 Howard v. ProvHi 
 
 deducted from tL I 
 value of the part taken. In re Canada Southern R. Co and V in 
 
 41 U. C. Q. li. 195; Mear.ham v. Railroad Co., 4 Gush." (Mass 
 
 Dickenson v. Fitchburg, 13 Gray (Mass.) 546 ; Upton 
 
 Co., 8 Cuah. (Mass.) 600; Farewell v. Cambridr/e, 11 
 
 413 ; Robins v. Railroad Co., 6 Wis. 636; Divight 
 
 viMnionera of Hampden, 11 Cush. (Mass.) 201 
 
 6 Rh. Is. 541. It is compete it for arbitrators to find that 
 
 damage has been sustained. See In re Colquhoun and Berlin 44 1'l 
 
 C. Q. B. 631. "Tlie compensation under the statute, is fordaniaf I 
 
 resulting from tlie talcing of the land : the award, therefore must KJ 
 
 taken to be for so much as the property of the claimant was tlierebl 
 
 reduced in value." Per Spragge, C. , in Dunlop v. York, 16 Grail 
 
 216-223. This riises the question as to the title of the claimant 11 
 
 in not to be assumed that the person in possession is the alisolntT 
 
 ov/uer of the lard. Ho may not have any title, an imperfect titld 
 
 or a title siibieot to encumbrances. Unless a charge on tlie 
 
 were made a charge upon the compensation, the security would l 
 
 impaired at the expense of the chargee. The money becomes as i 
 
 were impressed with the trusts to which the land was subject aoi 
 
 stands iu its place. Dunlop v. York, 16 Grant, 216; InreEmllA 
 
 colnnhire R. Act, 1 Sim. N. S. 260; Ore.avea v. .^eiLifoundlaihl (2 
 
 23 L. T. 63 ; In re Cuckfield Bxirying Board, 19 Beav. 153 ; U, 
 
 cott V. Smyth, 2 L. T. N. S. 79 ; Hall v. London, Chatham cml Dm. 
 
 R. W. Co., 14 L. T. N. S. 351 ; Cooper v. Goatling, 9 L. T. X, S. j 
 
 Where a municipality raises the highway in such a manner as toe 
 
 ofiF ingress and egress to and from the property abutting thereon t 
 
 owners of such property are entitled to compensation tcr the injiii 
 
 caused thereby. Yeomana v. Wellington, 4 A. H. 301, where thee 
 
 are reviewed. See also Fratt v. Stratford, 14 0. R. 260 ; Corim 
 
 of Fnrkdak v. West, 12 App. Gas. 602 ; Quillinan v. Camdii He 
 
 em R. W. Co., 6 O. R. 567. Under this enactment the munici 
 
 may enter upon the land before making compensation. Hiid 
 
 V. Cardiff, 29 Grant 308 ; 2 0. R. 329. 
 
 (d) The claim for damages in an action of trespass, assumes tij 
 
483.] 
 
 COMPENSATION FOR LANDS TAKEN. 
 
 , jjj respect of which they are claimed are unlawful, while 
 
 tlie acts ^^^ (jojnpensation supposes that the acts are rightfully 
 
 the '^'^^ Btatutory authority ; and this distinction is one of sub- 
 
 ^oae un .^ j^jfgQtg not only the nature of the proceedings, but the 
 
 I ''"i""^' Hn which recourse should be had. Jones v. Stanatead, dbc, 
 
 \ \VCo L. R- 4 ^' C- ®^ ' Mayor, die, of Montreal v. Drummond, 
 
 '! ' Cas 413' Where the statute gives a specific remedy to the 
 
 'and the land is taken possession of under the provisions ol 
 
 "'^"T'tute or with the consent of the owner, the latter is restricted 
 
 [*'"'l nipHiotl civen by the statute for pecuring compensation. 
 
 ^n!!n V Hamilton and Toronto R. W. Co., 14 U. C. Q. B. 87; 
 
 fv.^ (H-eat Western R. W. Cc, 4 U. C. C. P. 463; Orimshaive 
 
 rid Trunk B. W. Co., 19 U. C. Q. B. 493; Welland v. 
 
 Sdi Lake Huron Jt. W. Co., 30 U. C. Q. B. 147; 31 
 
 •Tn R 639- Jones v. Stanstead, tfec, R. W. Co., L. R. 4 P. C. 
 
 ; lio- McLean v. Great Western R. W. Co., 33 U. C. Q. B. 198. 
 
 the land be taken without the consent of the owner, otherwise 
 
 according to the statute, it would seem that the owner may 
 
 ■"tain trespass or ejectment for the assertion of his rights at com- 
 
 \ff Doed. Hidchinson v. Manchester, die, R. W. Co., 14 M. 
 
 \V 687; Smalley v. Blackburn R. W. Co., 2 H. & N. 158; see 
 
 Floyd V. Turner, 23 Texas, 293; Cnshman v. Sinith, 34 Maine, 
 
 Sower V. Philadelphia, 35 Pa. St. 231. Where the land is taken 
 
 le statute prescribes, due compensation is to be made, and the 
 
 lount if not mutually agreed upon, is under this section to be 
 
 termhied by arbitration. Where work was done in such a way as 
 
 occasion damage to the plaintifif, whereas it could and shouUi have 
 
 joae without such effect, it was held that the plaintiff must 
 
 lecute his right by action and that the matter was not the subject 
 
 compensation under the .nrbitration clauses. In re Mickle and 
 
 'krlon 11 0. R. 433. See also McOarvey v. Strathroy, 6 O. R. 
 
 • 10 A R- 631 ; McArthvr v. CoUinr/wood, 9 O. R. 368 ; Van 
 
 ml V. Seaforth, 6 0. R. 699 ; Smith v. Raleigh, 3 0. R. 405. See 
 
 imilalott V. Township of Mersea, 9 O. R. 611 ; Adams v. Toronto, 
 
 iO, R. 213; Pratt v. Stratford, 14 O. R. 260; Aye7-s v. Windsor, 
 
 82, The Court set aside an award against a municipal corpora- 
 
 as to damages in favour of a person through whose land a road 
 
 been opened, where it appeared that no notice had been given to 
 
 municipal corporation of the meeting of the arbitrators. In re 
 
 mn and Gloucester, 12 U. C. Q. B. 135. A municipal council by 
 
 w opened a road across "plaintiff 's property, and arbitrators were 
 
 jinted, one by the council, one by the plaintiff, and the third by 
 
 ijudge o' the County Court, to determine what compensation 
 
 W be paid him. Afterwards a resolution was passed by the 
 
 icil that the arbitrators so chosen should be instructed to take 
 
 cousideration the damage to the plaintiff's cr^-ps, so that all 
 
 fences might be settled and tliey awarded separate sums for the 
 
 ing of the road and for damages : — Held, in an action of debt on 
 
 iward, that the corporation could not, under the plea of no 
 
 1, dispute the arbitrators' authority to award the latter sum. 
 
 [JOB V. Whitby, 17 U. C. Q. B. 230. Where in a similar action 
 
 ^ lared that plaintiff named one arbitrator and the reeve another, 
 
 [they being unable to agree on the third, the County Judge 
 
 371 
 
 _„ , _ :;:',| 
 
 W^i 
 
lOri.sJ. 
 
 372 
 
 How title 
 ■acquired to 
 land when 
 owned by 
 corporations, 
 tenants in 
 tail, vetted 
 in triutees, 
 
 €t8. 
 
 THE MUNICIPAL MANUAL. 
 
 (1) In the case of real property which a council i, 
 
 r ^^^r\f\(\v tlna Ant-, fn pnfpr nnni-i fali-« „„ . ^H 
 
 use,wii:,j,J 
 
 I 
 
 
 
 kJ'~ tr 
 
 484- 
 
 authority under this Act to enter upon, take or 
 tlie owner's consent, {e) corporations, tenants in tail ' 
 life, guardians, committees and trustees, shall, on leh ^f 7 
 themselves, their successors and heirs respectively a 1 
 behalf of those they represent, whether infants, issue nnlv^'"'' 
 lunatics, idiots, married women or others, have power t '^ 
 as well in reference to any arbitration, notice and a T\ 
 under this Act, hs in contracting for Cind conveyin'* t i 
 council any such real property, or in agreeing as to th 
 amount of damages arising from the exercise by the co i 
 of any power in respect thereof. (/) '"' 
 
 [s. 484(1). «gjg5j ACQ 
 
 appointed the third, and the first and third mentioned arbitrat J 
 made an award in favour of ijlaintiff for £40 for conipensati fj 
 land taken for a road, it M-as held that plaintiflf was eiititn 
 recover. Harpel v. Portland, 17 U. 0. Q. B. 455. Aiio:'47rJ ul 
 council called another meeting of the arbitrators, when ail th 
 attended, and the two first mentioned arbitrators made an aw 
 giving plaintiff only £3 10s. It was held that the second award \ 
 invalid. lb. As to claims for compensation in cities when 
 amount claimed does not exceed $il,000. See sec. 487. As to ten 
 of compensation. See sec. 488. ' 
 
 (e) See note a to sec. 483. 
 
 (/*) The object of this section is to enable the corporation to geJ 
 good title to the land required, and to get that title if necesanfro 
 persons not having themselves the complete title. It has been lieJ 
 under a similar Act, tliat a tenant in tail, under an Act of Pari 
 ment, might sell and convey so as to bar his heirs in tail andt 
 remaindermen, notwithstanding his statutory disability to bar I 
 entail. In re Cuckfiehl Burial Board, 19 Beav. 153. So where L 
 stood limited to one life, with remainder to a husband and wife] 
 fee, it was held that the interest of the married woman would i 
 Cooper v. Gostliiuj, 9 L. T. N. 8. 77. Where the contract wa 
 with a person of un.sound mind — not, however, found so by inqoi 
 tion — the money paid was held to be paid in respect of land beloi 
 ing to a person seised in fee an<l competent to sell. In re /.>(>' 
 colnshire If. W. Co., 1 Sim. N. S. 260; but see Midhvul R ]\'{ 
 V. O.'ixvin, 1 Col. C. C. 74 ; 3 R. & C. C. 497. Where the land', 
 in mortgage, and tli? mortgagor of unsound mind, the Court, in 1 
 absence of a committee, a])pointed a guardian ad likm to appear I 
 the lunatic, (freavex v. OrtM/ Northern li. W. Co., 23 L T. 53;| 
 also IJppincoU v. Smyth, 2 L. T. N. S. 79 ; 8 W. K. 336; Hci^ 
 London, Chatham, and Dorer R. W. Co., 14|L. T. N. S. 351; ^ 
 V. Tottenham and Ifampstead J. R. W. Co.,L. K. 4 Eq. 112; 
 nora oj St. Thoma.'i's Ho.ipital v. Charinr/ Cross R. W.Co.,ll 
 400; In re Taylor, 1 McN. & G. 210; In re Briscoe, 2 DeG.J, 
 249 ; In re Walker, 7 R. & C. C. 129. It has been held thatafi 
 who was a tenant for life of a settled estate could, as gjan 
 nature of his infant son who was entitled to the inheritaiK 
 
 (2) In case 
 [respect to such 
 tin respect to i 
 ^Province, or is 
 |oi lie iiiinself < 
 ■Court for the cc 
 In the appJicatii 
 espect to 'he sa 
 ^6 V. c. 18, s. 4 
 
 485. Ill case ; 
 Absolute estate i; 
 lini tlie interest 
 iioiinfc to be })a 
 ietain the princij; 
 Whenever he cJaiii 
 ierefor, unless tJ: 
 potion in such cai 
 B}' tlie same to a; 
 
 Imainder, concur oi 
 I the settled estate 
 ict, ch, 50, sec. 1. 
 fiiiimsiouerii, 2 Ch.l 
 II'. Co., 45 U. C. < 
 
 ■to) If there he anj 
 
 Suing of tJie first j 
 
 lid be had with Ji 
 
 ) See note f to se 
 
 li) A railway eonip,- 
 iim of money for t 
 |e being, for indei 
 kroad, &c., and as 
 Inch other owners n 
 ■lie railway ; and t 
 i« of the iand takt. 
 Ilication of the ten; 
 pile first sum was 
 ^ out of it, and th 
 W'*, 13 Jur. 738 ; 
 10/ Shrewnhnry v. 
 ' See also Ow.'<tun 
 beetion does not c 
 kv .warded for lam 
 btory on the corpoi 
 Ispect of the proper 
 m the corporation 
 llwith the payment 
 pied claims the prii 
 
 
484(1). 
 
 ►uncil \n\ 
 
 -ail or fori 
 Ijehalf ofl 
 'y, and on! 
 ue unbom] 
 wer to acJ 
 and actioiT 
 ^ing to ty 
 ; as to ty 
 the council 
 
 ed arbitrate 
 ipensation iuj 
 as entitled ' 
 Uicrrnrds tlj 
 vhen all tin 
 \ade an awai 
 ;on(l a\Nar(Uj 
 ities when I 
 I. As to tend« 
 
 (05 1 ACQUIRING TITLE TO LANDS BY CORPORATIONS. * 373'- 
 
 ,n\ Tn caso thei-e is no such person who can so act ini'thewbe 
 \ lict to such real property, or m case any person interested who can 
 i^^'. cnect to any such real projjerty is absent from this ''''"'•y* **"• 
 fp/''ice or is unknown, or in case his residence is unknown, 
 I 1 himself cainiot bo found, the Judge of the County 
 Ir u'rt ^01' *'^® county in which such property is situate may, 
 ■[.],p amplication of the council, appoint a person to act in 
 ""^npct to 'he same for all or any of the said purposes, (g) 
 It'v. c. 18, s. 4S7. 
 
 .ne jj^ case any person acting as aforesaid has not the Application, 
 Ibsoliite estate in the property, (h) the council shall pay to;'^",^^ 
 ti„ the interest only at six per ceutiun per annum on the n^oney where 
 iiouiit to be paid in resi)ect ot such pi-operty and shall „„ Rbsdute 
 letairi the principal to be paid to the person entitled to it ^^/^'Jl^g.t'*^ 
 [henever he claims the same, and executes a valid acquittance 
 Lrefor, unless the High Court, or other Court having juris- 
 Ltion in such cases, in the meantime directs the council to 
 by the same to any person or into Court ; (t) and the coun- 
 
 Imainder, concur ou tlie sou's behalf in a grant by himself of part 
 [the settled estate as a site for a Church under Eug. Stat. 36 c: 37 
 ft cli'50, sec. 1. In re Marquis 0/ Sa/isbtiry and Ecrlesiasticaf. 
 \ iilJionen " Ch. I>. 29. See also Dnnlop v. Canada Southern- 
 
 •ro.,45U.G.Q. B. 74. 
 
 Kill If there be any person known who can be said, within the 
 
 Id 80 by iiKjoi 
 of land teioi 
 7)1 re Ea4 
 \llaiulR.]l\ 
 Ire the landi 
 Ihe Court, in! 
 \m to appeatj 
 ['23 L T, 53;l 
 Ir. 336; M 
 I. S.351;% 
 Eq. U2;6oi 
 Ir. C'o.,lJ.ll| 
 V 2DeO.J,l 
 lield that a ii 
 as gaardia 
 he inheritanci 
 
 ^iiiii(r of the first part of the section, to represent others, deahng.s 
 taldbehadwith him. 
 
 ) See note f to sec. 484. 
 
 Ill A railway company agreed to pay a landowner,- tenant for life* 
 
 m\ d money for the benefit of liini or other the owner <or the 
 
 le being, for indemnifying him from the expense of making a 
 
 J load &c., and as a compensation for the annoyance which ht? 
 
 kucii other owners might sustain in consequence of the construction 
 
 Ihe raihviiy ; and the company agreed to pay a further sum as the 
 
 le of the land taken. Both sums were jtaid into Court. The 
 
 liication of the tenant for life for the absolute payment to him 
 
 Ihe first sum was refused. The costs of the road, &c., were 
 
 out of it, and the rest invested. AV Duke of Marlhorou'jli'n 
 
 liH 13 Jur. 738; see also Pole v. Pok, 2 Dr. <fe Sm. 420, and 
 
 iof Shr(!ii:sbnry v. 2^^orth Sfajfbrdshiie II. ]V. Co., L. II. 1 Eq. 
 
 See also OwMan v. Grand Trunk Ji. ]V. Co., 28 (Jr.int 431. 
 
 I section does not expressly authorize the payment into Court of 
 
 jey awarded for lands expropriated by a corporation. It is made 
 
 ratory on the corporation to ascertain whether the person acting 
 
 ispect of the property is absolute owner and if not then it con- 
 
 jtes the corporation a trustee of the piincipal for the owner bur- 
 
 Vhvith the payment of interest at six per cent, until the person 
 
 fled claims the principal. It was not intended that the court 
 
 iff.;. 
 
 ■ -^ {'i 
 
 
 ti'H 
 
 ■ !' . . ^r. ■ . ■ 
 
 
 ,' t 
 
 
 M^-. 
 
 Llii-^A.;^ 
 
 ^ 
 
 ii 
 
wim 
 
 374 
 
 Purchase 
 money aub- 
 Jeet tc 
 charKes|on 
 property. 
 
 Tender of 
 compeniB- 
 tion. 
 
 When landH 
 taken or 
 injured by 
 city. 
 
 mPi^ 
 
 1 
 
 ^^Mf 
 
 1';''"'' 
 
 
 MM 
 
 THE MUNICIPAL MANUAL. 
 
 [S. 
 
 cil shall not be bound to 
 
 so paid, or of 
 
 Court. 46 V. c 18, s. 488. 
 
 see to the application of any m,m\ 
 any sum ])aid under the direction of ^21 
 
 486. All sums agreed upon, or awarded in respect of iJ 
 real property, shall be subject to the limitations and ch 
 to which the property was subject, (j) 46 V. c. 18 « ml 
 
 487— (1) Notwithstanding any of the provisions containe< 
 in this Act, in all cases where claims are made for comn 
 sation for damages by the owners or occupiers c^ or otW 
 persons interested in lands entered upon, taken or used 
 the corporation of any city, or alleged to have been 'ni 
 ously affected by such corporation in the exercise of anv 
 its powers (k) in the event of the corporation not beinet 
 to agree with the claimant or claimants on the 
 
 amount d 
 
 should interfere at the instance of the corporation, though Berhnmi 
 may do so. Beckett and Cityfof Toronto, 10 0. E. 106. ^J 
 
 (j) In the absence of special clauses for that purpose, the effect! 
 a provision enabling a person under disability, &c., to convey 1 
 for dome authorized public purpose, is not to alter the com 
 devolution of property without the consent of the owner ; and thei 
 fore if a nmnicipal council, railway company, &c., ccntract il 
 incapacitated persons for the purchase of land, the money iJ 
 equity to be considered as real and not personal estate. Um 
 Counties R. W. Co. v. Oswin, 8 Jur. 138. Money paid into ci 
 by a railway company for land taken from a person who wati 
 state of mental imbecility, and who continued in that state u 
 his death, but was not the subject of a commission of lunacy \ 
 ordered after his death not to be re-invested in or considered as'li 
 but to be paid to his executors. In re East Lincolnnhire Railwau 
 I Sim. N. S. 260. Money paid into court for lr..id taken under] 
 compulsory powers of the English Act 5 & 6 Will. IV. ch. 69 li 
 Poor Law Union, during the life of a tenant for life, who M 
 failure of intermediate limitations became tenant in fee m 
 passed as real estate to his heir. In re Horner's Estate, 16 Jur, 1 
 Where the purchase monej' of land, taken under the compuL 
 powers of an Act of Parliament for public purposes, is paid| 
 court subject to be re-invested in the purchase of land, free of exa 
 to the parties beneficially interested, on their petition, itisimprt 
 with real uses, and is prima facie, to be treated as real estate, j 
 Stewart's Estate, 16 Jur. 1063. If the person absolutely entitU 
 money for land has a right to elect to take it as personalty, a j 
 acquiescence in its remaining invested in consols during his lifej 
 his will by which he bequeaths personal estate only and do* 
 devise realty, are not such proofs of election as to prevent the j 
 descending on his death to his heirs. lb. See further, DutH 
 York, 16 Grant 216. 
 
 (k) See sec. 483 and notes thereto. 
 
488.J REFEREXCB OF CLAIMS FOR LANDS TAKEN. 
 
 ^ compensation to be made, and the amonnf «] • , 
 \ exceed $1,000, the sau^e shall be settU? ^ j'"'®"^ ^^^^s not 
 the award of the Judge of the coimtv wi. J^ ^f f'-mined by 
 is situate, (sitting as sole arbitrator) or l^J T^°^ *^^ ^^^^ 
 either party, by such other sole arbitrator ««.i, °P*'°^ ^^ 
 oil application made by either party to h" ^""^^ Judge 
 
 the other party, may appoint for the purpoTe "^°" ^^^^"^^ *** 
 
 (2) Either party shall be entitled to at I Jo . 
 notice exclusive of the day of the aerviV^ V . ^®^®" ^'ays' 
 nsh of the other party to have an arh> • ''°*'''®' °^*^^ 
 ■ dajs' notice, exclusive of the seven r^n ^ J*^^""' and seven 
 and of the day of the service of the natP i"^? Mentioned 
 any application to the Judge to aimnini \ '""^ ^^^^^ of 
 
 asaforesaid. ** ^^'P°*"* any sole arbitrator 
 
 (3) The fees to be paid to the arbit 
 Ls those payable to referees under theTrnvf.' " ^V^^ same Rev. st,t. c 
 
 488. The council of any municipality in all n 
 claims for compensation or damaeea «».« i f ^^®^ where Reference of 
 Ah under the provisions of IhlTv Tv ot'r^f *^^^ --"-- 
 ieclared to be the subject of arbfh-nH-^ • -T °*"®^ ^ct, are"*"'''* 
 ^,.M. being abli to i^e 'Ctrde'''t:"''* °'">effS'«' 
 lakingsuch claim, such amount as tLv v» .'^"^ P^^'^on 
 
 .nipensation for the damage sustained "^ ''T'^"^' P^«P«r 
 
 the event of the nonLc:;tee ^ 't^^ cV^'^^' ""^ 
 jiraants of the amount so tenderpd / aI ^^^"nant or 
 jiGg proceeded with, and if an aw«vA • *^®. arbitration 
 iount not greater than the amount snl'". obtained for an 
 le arbitration and award shall i nW '?^^^.^^' ^^^ costs of 
 le arbitrator, be awarded to' the Tn" ''"^'"^ ^'^^""^^^ V 
 laiDst any amount which shall hav« k ° '^'^ *''*^ set off 
 ieni. 49 Y. c. 37, s. 42. ^ ^^^" ^'-a'cled against 
 
 him IL-PowERs OF CouNcirs np. T. 
 
 I DisqnahJicaHon of Electors for ^A. . 
 
 Jfran,nraterJVor/cs. Sec 489 n .^ 
 
 376 
 
 ->1'!^^llfcf^^^'' 
 

 "i1 
 
 jjmm 
 
 
 
 
 
 rHnHni 
 
 
 
 376 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 489 1 
 
 Respecting Billiard or Bagatelle Tables. Sec. 489 ^6^ 
 " Victualling Houses, etc. Sec. 489 (7 g) 
 
 Licensintj Transient Traders. Sec 489 /O^ 
 Schools, ^ec. 489 (10). • * ^ '' 
 
 Cemeteries. Sec. 489 (11, 12). 
 Graves. Sec. 489 (13). 
 Cruelty to Animals. Sec. 489 (14) 
 Botys. Sec. 489 (15, 16). 
 Fences. Sec. 489 (17). 
 Division Fences. Sec. 489 (18, 19). 
 Snow Fences. Sec. 489 (20). 
 \7ater-courses. Sec. 489 (21). 
 Weeds. Sec. 489 (22). 
 Filth in Streets. Sec. 489 (23). 
 Burning Stumps, Brush, etc. Sec. 489 Ci) 
 Exhibitions, Shoivs, ikc. Sec. 489 (26 ''G) 
 Tre>',s. Sec. 189 (27). \ > - ;• 
 
 Injury to property and notices. Sec. 489 (28 •nti 
 Ga)i and Water Companies. Sc:. 489 (30 ih 
 Glvi/ig Intoxicating Liquoro to Minors etc s'J 
 489 (32). ' ■ ''-^ 
 
 Public Morals. Sec. 489 (33-40). 
 Nuisances. Sec. 489(4146). 
 Sewerage and Drainage. Sec. 489 (47-1.9) 
 Inspection of Meat, Milk, etc. Sec. 489 (."jQ-osJ 
 Licensing milk dealers. Sec. 489 (.>!). 
 Contagious Diseases. Sec. 489 (55). 
 Eslablisliinent of Boundaries. 6ecs 489 (.5G) 491 
 Acquisition of Land outside the Limits Sec it 
 ■ (57). 
 
 Weighing Machines. Sec. 489 (58). 
 Pounds. Sec. 490. 
 Extension of Sewers. Sec. 492. 
 Lock-up Houses. Sees. 458, 459. 
 Tavern and Shop Licenses. See Rev. Hm C\ 
 191. 
 
 (i 
 <( 
 <i 
 
 (< . 
 
 (( 
 
 (( 
 
 « 
 
 "'it 
 
 (( 
 i< 
 (I 
 « 
 
 li 
 >f 
 
 « 
 It 
 
 ii' 
 
 By-laws may 489. The council of evcry township, city, tow uoi' iiiJ 
 be^m»4e porated village may pass by-laws : — 
 
 Polling Stibdivisiovj. 
 
 1. For dividing the wares of such city or town, oij 
 dividing such townsliip or incorporated village into tw 
 more convenient i*olling subdivisions, and for establiJ 
 
 8.489 2.] Disi 
 
 polling pkcM 
 
 from time to I 
 
 made or varied 
 
 vilkge ov pollij 
 
 f and vai'ied in 
 
 in liny polling 
 
 l200;(«) 
 
 (a) Where a 
 
 divi.sio 
 
 used b( 
 
 lative if 
 
 the poll 
 
 tive Asf 
 
 aftei- be 
 
 iniiijieipi 
 
 porated 
 
 j)oses of 
 
 poJJfllg SI 
 
 (ij Where a poJ, 
 holding 0] 
 in any ci 
 found t'ia 
 J)lace cann 
 jnu-pose, tl 
 the power 
 place tJi{, 
 purpose, ai; 
 notice on 
 two other 
 the voters 
 c. 29, s. 22. 
 
 I^imnllfcatio: 
 ■ For disqualifying 
 ItioKswhohasnot^ 
 Morethe 14th day 
 M^) i6 V. c. IS 
 
 ll'^'iertliecircinnstai 
 HgsuWivisioiis. 
 
 [It ii submitted that. 
 lasuftcient time bef 
 
 lortunity to obtain th 
 BODS of sec. S J 
 4« 
 
nt 
 
 l0D», 
 
 . i89 1] msQ.AuP^^^o ..motors :s arrkar for taxks. 
 polling pl.icn.s therein, and for repealing or x,o • 
 from time to tune; and such vollma .uhv '^-^^^ ^^"^ ''anie \P'^ '°»n. 
 ,aJe or varied whenever the electors^'in "nv ?T. '^^^^ be ^Klnto 
 viJIage or polhng subdivision exceed onn^ ,^a'-^Uownshii,, P'^J'nsr "** 
 and mied in such a nnun J that Z'.""' "^''^^ be made et^"""" 
 in my polJing subdivision shall not^v "J'^' °^ ^^^^^ovs 
 \m;{a) ^°* ^'^^'eed at any time 
 
 (a) Where a municipality is divided into r ir 
 
 divisions, the same pollinr. «„hi- ° .^"^^'"Sr sub- Pomn^ 
 used both for the election n? ^"^dxyisions shall be ?"J"''ri«''»>» 
 lative Assembly and for mun^ir^^''^ °^" *'^« ^^S^ 'P ^- 
 
 tl.e Po"i"»^ subLisionrfo'eTeSns tT^ ' A^ ^K" 
 tive Assemb y and mnmVir^ , , ""? *o the Lifrfsla- *«>ombiy 
 
 after be made^hesurr'.ttf"" ''"'' '--»» 
 mumo.pal council of every off?' .''^''i'* *'^«<^ ^be Adjoining ' 
 
 porated village, may by by^aw uiite T T^ i^^or-^rS^^- 
 poses of municipal elections ' ^''^* *^^« pur- """ed for 
 
 polling subdivisions; ilvl'lTl \7o n^r^'''^'''^^^ 
 {i} Where a polling place has been fixea hv i , 1 
 
 holding of any election, or the !« I.^ ^^f"^ ^°'' ^^e 
 ]» any ci^y, town or v IWe ' J v"? ^^ ^"^^ ^^te 
 found tSat the buildin^n^m d a, " f ^^'^^^^ 
 place cannot be obtained or T« «s.«"ch polling 
 P/n-pose, the clerk of the „'' ""'^"/•'^^^'^ fo'' the 
 t- po;ver to choose in lieu t^i^^T^^ '^'^^ ^^^^ 
 place the nearest available buiM^^-^' '' P^^^^^g 
 P"n>ose, and shall poJ^T.^ ^ f i^ '"^*^^^« ^•' the 
 notice on the building hved bv n ? f'"'^^'^ »P « 
 
 t-o other conspicuous pTaeesr/^^Y^^^^ 
 
 the voters to the place eEr T ^•^' ^"-ectinT. 
 
 c. 29, s. 22. ^ ""^"'^'^ as aforesaid ; 50 V? 
 
 I For disqualifying any elector f ^^'''^ ^^^^^• 
 
 Itions^^io Las not paid all municim/ /°^'"^ ^'^ municipal o-iu«iify.n« 
 
 |e .the Uth day of DecerbrC'tt!:';" ^^.'^^^ 'n a^SS^ 
 
 '; (*) 16 V. c. 18, s. 490 (9\ Q Preceding the elec- *•"'*««• 
 
 ^ — . ^''^' * '^^ «'»o *ec. 251. 
 
 I L'.^'ler the circumstances sf i fI7~7 • ~~ — — _ 
 
 h^Miykions. «*'^*^d, ,t is n^ade obiig^^^;;^;;;:;;;;; 
 
 I It ii. submitted that a bv kw a 
 
 Ida sufficient time before th7 J .^^ *^'^ sub-section ahnnJ^ . ^ 
 
 p:s.°r^» -'«:?-!:- -K^^^^^^ 
 

 It; 
 
 1- >j}. 
 
 I p. 
 
 hi 
 
 ii '1' 
 
 
 WW* 
 
 ■fill: 't"' 
 
 378 
 
 THE MUNICIPAL MANUAL. 
 
 Water and Watertvorks. 
 
 [«• -isg 3. 
 
 Srwori".!' •'' .For constructing, buildi.^g, I>urcl.aHing, improving 
 tending, liolding, maintaining, managing, and ■ 
 waterworks and ail buildings, materials, nuicliitierv 
 appurtenances thereto belonging in the niuniciitalitv an 
 
 .PX- 
 
 conducting 
 
 Rev. SUt. I 
 102. 
 
 Rngulating 
 thu use of 
 water. 
 
 the neighbourhood thereof, subject to the j)rovisioiis contiii 
 in The Municipal Water-tvorks Act; 40 V, c. ly, «. 49G /a 
 
 4. For comj)olling the use of water, supplied l.y the wate 
 works of the city, town, township, or village, tor (Iriukj/ 
 and domestic purposes, within certain areas to be dehnell'' 
 by-law, and for piohibiting the use of spring or wej] ^^I 
 within such areas for such purposes; 41) V. c 37 « mm / 
 60 V. c. 29, s. 48. ' '" ' 
 
 RHductton of 
 sinking fund 
 
 Reduction of Sinking Fund. 
 
 5. Por authorizing the reduction of the aunual sinkin 
 fund rate, or amount required to be collected under Iocl 
 improvement by-laws passed by the council prior to the il 
 passed in the 42nd year of the reign of Her Majesty clial 
 tered 31, and for making allowance for the interest accruj 
 from the investment of the amounts of sinking t'uud litreil 
 fore collected under such by-laws ; provided always tliatj 
 settling the sum to be raised annually for the reiuaiuji 
 years which any such by-law has to run for the iHiymenti 
 the debt, in lieu of the sinking fund rate, fixed by theori 
 nal by-law, the late of interest on future inveistnieuts i 
 not be estimated at more than live per cent, per luinuu 
 be capitalized yearly ; provided also that no bv-law rediioi 
 the sinking fund rates, fixed by any such local improven 
 by-law shall become valid or effectual until the same 
 have been assented to by the Lieutenant-Governor in i 
 cil; 49 V. c. 37, s. 38 (2) ; 50 V. c. 29, s. 4b. 
 
 Billiard or Bagatelle l^ables. 
 
 Licensing g. For licensing, regulating and governing all persons | 
 
 ingihe use fov hire or gain, directly or indirectly keep, or have inj 
 andbagrteiie posscssion, or OH their premises, any billiard or ba| 
 tabii'8 table or who keep or have a billiard or bagatelle tabl 
 
 house or place of public entertainment or resort, (c) wi 
 such billiard or bagatelle table is used or not, and for 
 
 (c) As to the power of the license commissioners in regan 
 , Hard tables in taverns. See JJvdge v. lityina, 9 App. las. ll 
 
 s. m 8.] 
 
 the Slim to U 
 hillianl ov hn^ 
 in force ; (d) 
 
 1. For Jimifci 
 
 I ioiises, ordiiiar, 
 
 victuais are nok 
 
 iwe/)tion, refres 
 
 i. Forh'cen.si 
 tiere/br, and for 
 
 {(l) From a very e 
 
 I teeping billiard tab 
 
 trill, .See 50 Geo 
 
 n:C.Q.B.562. In 
 
 huseyfbiJb'ard tabb 
 
 ji!. 9; see further Pet 
 
 liere conferi-ed is oj 
 
 lliceiise or regulate do 
 
 IMiwikee 10 Wall. (] 
 
 mC.Q.B.289. % 
 lilt there shall be HO in 
 klicii the billianJ ta 
 ptuous liquors are i 
 1 bylaw that no billia, 
 fr( Arkell and St T 
 fcl-table keeper chi 
 miout the consent of 
 Wtliep.ventor ,,uar 
 fW^ V. The State 
 Mmhng Billiard A 
 
 IWlfmlerageneralpo 
 't iias been hekl 
 "jtier places of p„b 
 
 l^>fonv.Oean^,° 
 
 bud ginger beer is 
 ^'^■' hoarder Inlaid 
 
 W Exacting pa3,a, J 
 ""''''•vocation With! 
 Mafer, 9 Pio'k. , 
 
 'y U Au. 56 • Oh 
 
 '■ '^"'■or f ' . '■ 
 °^> <(■•€., J 2 
 
 er a powei- 
 '"^'"considered 
 
 \oo 
 
 iia. Und, 
 
.«9 8J """"mo „ou,«, „„. 
 
 379 
 
 the sum to be paid for a 1" 
 
 billiml ov higateUe tahl^ JJT!\^^ *° *» have or U 
 i„f.™; W '"■"»■ »"<• "■« tune ■..oUuZj^Znt 
 
 Victualling „^„,^ ^^^ 
 
 ,. J'or umtmg the number of an,l 
 taw, orchnaries, and honse. wl . ''««<''«tinB virti„.n- 
 
 I a Fc- licensing the ^..^wb "'"'""' P"'"^W "«"""" 
 
 llerefer, and for fixing ^I" T''"" "<" o'l-er nrnvi.- 
 
 — """ same. 
 
 *»J mger beer ii a ohiV^i ■* 'oom for tj"?' '» ««>. 
 
 M Under a power "to l.i ' "'^"y*^. rfr v i* ^°- ^^O; 
 ^'>^«3 considered there wir'r'^"^'^*^ ''^"^IresSS^'^^^^ ^ 
 « was power to exuo/^ ^ aninse- 
 I exact payment of a 
 
 
 II 
 
380 
 
 riogulstlng 
 
 trannlciit 
 
 trtden. 
 
 m 
 
 THE MUNICIPAL MANUAL. N 4gg , 
 
 Licensing Transient l^rnders. 
 
 9. For licensing, regulating and governing tiniisient 
 truders, and other persons who occupy pioniiso« in the citv 
 town, incorporated village, or township, for teninora ' 
 periods, and whose names have not been duly enterod />•, >i 
 assessment roll in respect or income or personul pi'opertv (' 
 the then current year ; and who may oH'or goods or luercha 
 dise of any description for sale by auction, or in niiv oti 
 manner conducted by themselves or by a licensed aiictionee 
 or otherwise ; but no such by-law sliall aflect, aijplv to o. 
 restrict the sale of the stock of an insolvent estate which 
 being sold or disposed of within the county in which tli 
 insolvent carried on business therewith at the time of th 
 issue of a writ of attachment or of the execution of an assim 
 ment ; (y) 46 V. c. 18, s. 490 (3-G). "' 
 
 9rt. Or for requirinet all transient traders who 
 
 OCCUjiV 
 
 pftjmises in the municipality, and are not entered upon tlw I 
 assessment roll in resj)ect of income or personal property ami 
 who may offer goods or mercihandise of any description fori 
 sale by auction, or in any other manner, coiuluciod hv themJ 
 selves or by a licensed auctioneer, or by their agout or other] 
 
 specific sum for tlio privilege, this being conaidercil as a mem 
 ncct'ssary to the regulation of them. Jlodycs v. Mayor, 2 Humri 
 (Ten.) (51. See also barter v. JJow, 16 Wis. 298 ; Triniy v! Un; 
 r)6C ; Dunhavi v. linchenttr, 5 Cow. (N. Y.) 462. .So iinder a power t 
 license "on sucli terms and conditions as may he just and nasoi 
 able." lioMon v. Schalfer, 9 Pick. (Mass.) 419 ; but see domwonmiM 
 V. Stodder, 2 Cush. (^ias8.) 5(52. But power niorely "to maJ 
 hyAnwa relative to hucksters, grocers, and victualling shops'' is i 
 sulHcient to enable the municipalitj' to exact money for a iieeni 
 See Dunham v. UocheMer, 5 Cow. (N. Y.) 462; Commomaalthl 
 Stodder, 2 Cush. (Mass.) 562 ; ^fayl^ v. Cincinnati, 1 Ohio St. 26'S, 
 
 {fj) Traders who live in the municipality throughout the year c 
 not well escape taxation ; but those who come into the municipal 
 after the assessment roll is completed, or leave it before the colicct( 
 roll is in the hands of the collectors, would escape if there mn 
 such provision as the present. The power to license includes j 
 power to charge a reasonable fee, and to prevent the doing of biisiJ 
 until such fee is paid. See sec. 495, sub-s. .3 and notes thereto 
 hawkers, &c. See also th^ next sub-section. Where goods are j 
 signed to be sold on commission, and they are sold on the pren 
 of the consignee, and by him, or on his behalf, the owner ofj 
 goods or his manager is not an occn^.-^nt of such premises, noral 
 sieut trader within this provision merely because he aocompanie| 
 
 foods and assists in their sale. Reij. v, Cuthbert, 45 U. C. Q. 
 ee also Jonan v. Gilbert, 6 S. C. R. 356. 
 
 wisp, to pay 
 
 io exceed $1 
 
 $50 hy way 
 
 paid as iicent 
 
 upon ami on 
 
 the then ciirr< 
 
 Buch trader j-e 
 
 taxes to hecon 
 
 eicut to bo taJi 
 
 ot'theUcemo fi 
 
 i shall affect, ap;i 
 
 'jHso/vent estate 
 
 iDiii/iicipHlityim 
 
 h'nh, at the tinn 
 
 [tie execution of 
 
 10. For obtaini 
 
 k the erection of 
 
 iahlic school purpc 
 
 Monger required J 
 
 [eat am/ support oi 
 
 0- 18, s. 490 (7)1 
 
 jli. for accepting 
 |»eJ] within as witJ 
 
 i) See the preceding I 
 ') See notes a and b 
 
 • to the duty of , J 
 
 5;; school tr«"; 
 
 I'/iireSWiooi Tr.l 
 .fop ami Donro U 
 "^Toronto, 20 U. C O 
 MnamlKetr, 27 JT 
 Wtances, own' 
 '■^tkn the UmrtB 
 
 ^f.J^h the jurUdA 
 
s.mii] 
 
 OEMETEniES. 
 
 vm, to pay before ooramencimr to t^n i 
 to exceed $100, and i„ other ,nu„Sv'""'' '" '^'^K »ot 
 850 by way of license, and fo/nrnJ^r ^'^^ ""' *« «xceed 
 paid as Jicen«e Hl.all be credited to the till '!*^ ^^"^ '^« «""' «o 
 upon and on account of taxes for th« ?.. *" ''"^'"« ^'^^ Hame 
 the then cuTontyear.as well as any sull ''"""^^^ P^'*'^" of 
 .uoh racer remam in the nmnicSnty « Ti!^**^«'^' «''o"ld 
 taxes to become due and payable hi iw *f'*"' *"ne for 
 . event to be taken and used lit fi. ^^ . '' '^"^ J«i unv o^>.«- 
 j ortje .can. fund of ^no:^l!^;S!^^^ty as a^p'o^^n 
 slin I affect, apply to, or restrict tlL J!^ ^K'"'' «"ch by-Ja^ 
 insolvent estate which is being old or i' ""^ *''" ^'^''^ of an 
 .umcpa lity in which the inso^t « ' .^T"^ °^ ^it'»n the 
 Kith, at the time of the iss„e «?"« wrT^^'^'/" '^"'^'"e^^ tho,!^ 
 Itiie execution of an assignment : (/a }. Z attachment or of 
 I ^ ^ ^^ ^- c. 28, s. 23. 
 
 Sc/ioois. 
 10. For obtaining such reaJ ♦ 
 
 Jtbeepcttan of public Mho.jCrri,!!' """^ '«' --equired *«l.lrt„ 
 fcbkriool pui-fjose., (8) and (V ,1 i"*™"". and for 06 W '*»1 '»' 
 
 Cemeterieg. 
 11. For accepting or purchasing Inn^ ^ 
 
 I ^ ____^ ^* \v ^•^t Dot within *"*' *»■ 
 
 ^1 See the preceding note. "T"*^"' 
 
 ISeenotesaamlitosub-a. lofs 479 
 ""enotectosub-s. lofs. 479, * ' 
 
 381 
 
 r <'"■ "^ 'i'^noQC Trustee \r n 7' ." ^- iorontn or ;;* """«- 
 hand Kerr, 27 ij. C. Q^^ f"' f U. C q'' f ^^j'/^'^^ev 
 
 I *^ ^ "* «»ven. That 
 
' r-^ ; ■ 
 
 n 
 
 ■'■ 4 ■, 
 
 
 
 9b ' 
 
 km 
 
 i 
 
 1 
 
 ■"'Ai' .i\ 
 
 *'in 
 
 ■IS 
 
 962 
 
 Provtoo. 
 
 THE MUNICIPAL MANUAL. 
 
 [8. 488 IK H^ 48912(4] 
 
 any city, town or incorporated village, except as hereinaft 1 
 provided, and for laying out, improving and raanariii^ Vf 
 
 tsed for. 
 express teinig 
 
 same ; (m) but no land shall be accepted or purchased ?' ! 
 such purpose except by a by-law declaring in express to 
 that the land is appropi'iated for a public cemetery ai ^f^i 
 no other purpose ; and thereupon such land, although !}!!■ 
 out the municipality, shall become part thereof and 1 ii* 
 cease to be a part of the municipality to wljich it form ' i 
 belonged ; and such by-law shall not be repealed • andTh' 
 trustees of any burying ground or cemetery or the cemet !l 
 company owning any burying ground or cemetery may agj 
 for the sale or transfer thereof to the municipalitv «rh^^ 
 desires to acquire the same; and in cases where such svonA 
 
 authority is to accept or purchase land for public cemeteries 
 within as loithont the municipality. The acceptance or purch ^\ 
 to be by by-law, declaring in express terms that the land is am 
 priated for a public cemetery, and /or no other purpone. Whei k! 
 IS done, the land, although without the municipality, becomes m 
 thereof for purposes of local government. This provision diffe I 
 this respect from that in sub-s. 57 of this sec, which provide" 
 the acquiring and holding by purchase or otherwise, for then'iJ 
 use of the municipality, lands situate outside the limits of « 
 township, city, town, or incorporated villace, but the lands 
 acquired shall not form part of the municipality of such towiisK 
 city, town, or incorporated village, but shall coutiuue and remi 
 of the municipality where situate. 
 
 (wi) Under a power to a city corporation "to establish cemefa 
 or burial places within or without the city," it was held thatl 
 city was authorized to establish cemeteries of its own and to resi 
 them, but that the council was not empowered to subject to the*) 
 trol of the city sexton cemeteries, other than those belonging t 
 city, nor to pass a by-law for prohibiting lot owners in private c, 
 teries, though within the city limits, from entering to bury I 
 dead without permission of the city sexton and the payment of) 
 to him. Boijert v. Indianapolis, 13 Ind. 134. If the burden! 
 
 Eort a cemetery be cast on all the citizens, a by-law imposin 
 urden on a particular clasr would be bad. Benrojohn v, .1 
 dbc, 27 Ala. 58. Cemeteries are not per sp nuisances, it 
 enough to compel their removal to shew that they affect the vj 
 property in the neighbourhood. New Orleans v. .S7. Lonli, 
 An. 244 ; Musgrove v. T/ie Catholic Ghnrrh of St. Lottu, 10 L 
 431 ; Lake Vieio v. Letz, 44 111. 81 ; see further note p to sub 
 this section. Cemeteries are not to be subjected to sale to i 
 liens on them for the improvement of adjoining streets, esp 
 where the disturbance of cemeteries is a criminal offence. La 
 Nevin, 19 Am. 78. So, a municipal corporation cannot, witi 
 apecial authority given by Statute, take f.>r a highway the lai 
 cemetery. Trmiees of First Evawjelical Church v. WM^ 
 21 ; Evergreen Cemetery Association v. City of New Hi 
 Am. 643. 
 
 \ iare not been i 
 [tliereof, and ac 
 [(.J8, 8.490(8; 
 
 {a) For aellii 
 
 purpos 
 
 and foi 
 
 which { 
 
 490 (9) 
 
 (b) Provided, I 
 
 incorpor 
 
 ing or pi 
 
 the terrii 
 
 being fiif 
 
 and ratiii 
 
 the by-lav 
 
 as if the h 
 
 (t) AJi expenses i 
 
 in respect 
 
 whether th 
 
 shall be pj 
 
 secretary oi 
 
 Kev. Stat. 
 
 \i For the acqiifi 
 xl for eulargu: 
 mi, kit no expro 
 |i city shall be aufcb 
 ini^eor town t| 
 Itishal/ be first ob 
 In case the own 
 the same, or 
 offchenjunici 
 of such cases 
 to arbitration 
 tie provision, 
 as to compensi 
 
 mereisnolimitat. 
 ""Psl'ty 18 seised in fj 
 'forever or for years. 
 \^^<^-metseq. 
 
383 
 
 , 189 12 (a).] ENLARGEMENT OP CEMETERrES. 
 
 hive not been used for burials, the m„»; • ,. 
 tiereof, and acquire other ground iZTSit^^ "^^y ^^Pose 
 \, 18, s. 490 (8) ; 51 V. c. 28, s 4 ■^°^'' ^^ ^ 
 
 (a) For selling or leasing portion., ^f . 
 
 purpose of interment, in Sif''"?^ ^*^^ for the Selling 
 and for declaring in fL ^ "'^''^'^ o^ otherwise ri'?» "' 
 which such portiSn shaltarrr /> '^'^^o; MS. 
 490 (9). "^^ ^o^« ; (n) 46 V. c. 18, s. '""'''™""'- 
 
 Ml Provided, however, thaf fl,« 
 
 incorporated vi,', ~^ prsTK "T " °^ -^ 
 mgorpurchasinglandfora nnt.!^^"^'''^ ^*^'' accept- 
 the territorial limits of the v^l "^ "^'""'^^^^ within 
 being firat approved of bv f iL i ^®, V^"'' *^« »>v-law 
 and ratified hy the prowLkl t""\^T^ «^ ^oaltl^ 
 the bj-law shall the^eZn hi ^ "if ^^^^'^ ; and 
 a. if the land was sitZZ^^tZlt^^ ^^d effectual 
 I (.) Ail expenses incurred bv the o2 .' -"-cipalit^ ; 
 
 in respect of and icidrnta/Tl^"'^ "^ ^^^^^h, 
 whether the by-law be Sed bv ,t^\^^-^*^> and 
 shall be paid by the viHa^e m^ • • ^?^'^ °^ «ot, 
 secretary of the"^ board 50 Y T'^y *« the 
 Rev. Stat. caps. 175, 176 "' ^^' «• 23. ^e. 
 
 ^''^^rgemeni 0/ Cemeteries. 
 113. For the acquirino' ami ^ . 
 
 f Jre„l.rging\„yV^';f -^^^^^^^ lands to becoun.. 
 
 Mbut no expropriation Sf anv ^ ''^J^e^^T or buryin<r |»7 p«8 
 f c jshall be authirized."and asl tv s^J^^" /'- Hmit^aK. 
 Ii village or town the consenf «f^i. ^ ^"^'^ ®olargeraent 
 Ith shall be first obtained' ^' Provincial bCd "f 
 
 It) In case the owner of thp I ^ 
 
 f 'JV'^^*^' '' ""^^"^^^ to JakeT*''^- ''^"«^« *« ««" «««>"•-« to 
 
 » of the municipality is willW f ^'"°® ^^« council •'•»"*~«o». 
 
 of such cases the nfat^erin In ^^u' *'^^» '^ either 
 
 to arbitration, and shaH be ^n' !?*." '^^ ^'^^^^''^^ 
 
 the provisions of this let resn^'r'^ ^'^'^ ""^er 
 
 ^^^^^o°;pensation for lands Sn"(^)^'^^*'^<^^°"« 
 
 llTiereisnolimitationarTrM ^~^ 
 
 "Hity is seised in fersimn f 7.*®''®'* *° be conve^^ 
 '^verorforyea.. kr^^^^r^S ^S*^^^^ 
 I See sec. 385 et seq. ^^ iease. " 
 
384 
 
 THE MUNICIPAL MANUAL. 
 
 [«■ 489 12,8), ■,4«9I5.] 
 
 'iii 
 
 Certain 
 lands not 
 to be taken 
 except with 
 consent of 
 owner. 
 
 Boundaries 
 tob« 
 
 described in 
 award. 
 
 Sub-M 11 
 and 13 to 
 
 apply. 
 
 Protesting 
 graves. 
 
 (b) The arbitratore shall decide whether it is necessar * 
 the public interests that the lands shou u be exn"* 
 priated for the aforesaid purposes or any of tli ^ 
 and if so decided they shall award as to the n ■"' 
 to be paid to the owner of said lands, but the m t! 
 shall be in the discretion of the arbitrators. 
 
 (c) If the arbitrators award that the lands shall be tat 
 for such cemetery, or burying ground, one copy !? 
 the award shall be deposited with the legisu^i- f 
 the county or city, as the rase may ])e, in which 
 the lands are situate, and shall be a valid title t 
 the said lands. 
 
 (d) No lands used as an orchard, pleasure ground or m 
 den, nor any lands within two hundred yardfof 
 any dwelling-house shall be expropriated without I 
 the consent of the owner or owners of such dwell. 
 ing-house. 
 
 (e) The award shall be in writing and the boundaries of I 
 the lands .or premises taken shall be fully described 
 therein. 
 
 (/) All the provisions of sub-sections 11 and 13 of this 
 section shall, as far as applicable, apply to the! 
 lands acquired under this sub-section 48 ? <- j 
 38, ss. 1-5. ' 
 
 Protection of Graves. 
 
 13. For preventing the violation of cemeteries, gravcL 
 tombs, tombstones, or vaults where the dead are interred- (»3 
 
 (/)) The proper interment of the dead is a matter that deeply coil 
 cerns the health of the living, and ia therefore a proper subject foi 
 municipal control. New York v. Slack, 3 Wheel. Or. C. (N.Y.)23J| 
 Prenhyterian Church v. New York, 5 Cow. (N.Y.) 538, Coatbii 
 New York, 7 Cow. .(N.Y.) 585; Commojiwealth v. Fahey, 5 Cwi 
 (Mass.) 408. See also Aiifititi v. Murray, 16 Pick. (Mass.) 121, ] 
 has been held in the United States that burials are not matters ( 
 ecclesiastical cognizance ; that the right to bury a corpse and pn 
 serve its remains is a legal right, belonging, in the abaeuce of ta 
 mentary disposition, exclusively to the next of kin, and includes t 
 right to select and change the place of sepulture at pleasure, a 
 that if the place of burial be taken fur public use, the next of I 
 may claim indemnity for the expense of removing and suitably inb 
 ring the remains. In re Beekmau Str et, 4 Bradf. (N.Y.) 503-5,* 
 see also Boifart v. Indianapolis, 13 Ind. 143 ; In re Brick Prenbytm 
 Church, 3 Edw. Ch. Kep. (N.Y.) 156; Lowry v. Plitl, 13 U.CJ 
 
 J 4. Forpre^ 
 I mg the destrn( 
 j)Oses uot being 
 
 15. For re.str 
 
 J,\'.S.112. ItJi( 
 
 ■up <i dead body evi 
 
 itJiat to sell the d( 
 
 fdisiection, where r 
 
 meauor, and indict 
 
 d 629. A dead b 
 
 Int a quasi prcperti 
 
 fchts which the co^ 
 
 llAni.%7. Ther, 
 
 I deceased person w. 
 
 |f Ms accounts. Pa 
 
 J A cock Jias b( 
 
 leauing of the Eng 
 
 ™als. Biidye v. / 
 
 mnhaliih, lb. 374 • 
 
 fhl, 12 Jr. C. L R 
 
 1. TLeword "catt 
 
 l,s. 1, has been held 
 
 f, 1^- R. 4 Q. B. 582 
 
 mk R. S. C. c. 
 
 i institution for stu( 
 
 ^8 useful to man is a 
 [i arrow, 23 Beav ] 
 
 «G.&J. 72j3 j„ 
 
 Ir) As to protection 
 ft. c. 222, 
 
 ),riie power is not i 
 NgatJargeofdoL's 
 pub-section, which 
 •rary to the hy.h^vl 
 
 ptnre or destruction 
 jera, has been donbte 
 ftliat all rights of 
 
 ^)l and regulation as 
 preventing „f inj-,,^; 
 
 I "Wic health and ^■, 
 
 pture may „ot onlv 
 
 if absolutely or wh 
 
 ""'tauces as to be jB 
 
 ««i<i confiscated upo 
 
 F«y also, when necess 
 ' 49 ^ 
 
m 15.] 
 
 DOGS. 
 
 386 
 
 Cruehi/ to Animals. 
 
 H. For preventing cruelty to animals •M.r.if 
 ; iiig the destruction of birds : (r) tli» k/, i ' -. '" P^'event- Prtventinr 
 : pes .ot bein, inconsistent M ..; ^^Zi^l^^C}:^^^ 
 
 ' Dogs. '°"*«"- 
 
 15. For restraining and regulating (s) thp ..„„ • 
 
 —1 1 ^*^ *''® I'unningat large KeKui«t,„n, 
 
 'I X. S. 112. It has been held that it i« „ ^~ — " *° **°*"- 
 
 l«pa(iead body even for the purpose of rH^'"!- ''**'^^« «ffence to takp 
 Lt to sell the dead body ^{ .^a^fZlTiTf 'It'' ^'^^ S 
 l^^siectioii, where dissection was no part of th« \^^^ P"^P««« of 
 Ineanor, and indictable at common Jaw i w ® sentence, is misd^ 
 
 Ii629. Adeadbodyisnotprop':V4TntheS;w'"°" CrimSth 
 lat a qum property over which the relnH-i **^i*^* sense of the term 
 Lhte which the courts will protect ptlTy 1 *'»^^I«°«aseS hive 
 l4im. 66/. The reasonable and necesZf ^"""' ^""'^ Cem'ietl 
 Lceasedperson will be allowed TthTiL^^^^^^ 
 fehisaccounts. Patterson v. f^atterson" ifT^^l^^ the settlement 
 
 IrlAsto protection of inqpnfi.,^.. 
 
 It. c, 0.2. --cti vorous and other birds, see Rev. 
 
 Unt „g of injuries to thelfS?'? 1^^ ^^'"'k necessarv ?^ 
 l« 1.C health and welfare Iif tL .v*^"''^' '^"^' the sec'Sv of 
 fature may not only provide thlf ''*5''.'«« "^ ^^h power ^f)? 
 |r absolutely or when ^helT in "« Ji^f**'" ^'"^'« of^^^p^^tt' 
 "istaiices as to be iniurinno ,i " * "lanner or iiml«/ ^l' 
 land confiscated umnlelT' "^""^^^'-O'^ or noxTou? T^ ""f^ 
 
386 
 
 J 
 
 ni' 
 
 fell 
 
 
 \im' 
 
 « i^ 
 
 •B 
 
 THE MUNICIPAL MANUAL. Fg^ ^gg ,. 
 
 of dogs, and for imposing a tax on the ownera, posg 
 
 such property to be summarily destroyed by the niunicipara"Hp^ 
 ties, without previous notice to the owner. Per Gray I ; " n?"' 
 V. Forehand, 100 Mass. 136 ; S. G. I Am. R. 94 ; and »,.rR„i>- "" 
 C. J., in McKenzie v. Campbell, 1 U. C. Q. B. 241-243 A jt' 
 example given is that of pulling down buildings to prevent 'i?' 
 spreading of conflagration, or the impending fall of the hi 'u- 
 themselves. Mome'n Cane, 12\Co. 63, 76. l.T ; Maleverer vv^^ 
 1 Dyer, 56 ; Governor v. Meredith, 4 T. R. 794 ; 13 Vin Ahr r ' 
 "Necessity," pi. 8; 2 Kent Com. 338; JieHpuhlica v Sparha t- 
 
 Americaii Print Worku v. Laivrence, 3 Zabr. (N.J.) 590 • 'pn* 
 wealth V. Alijer, 7 Cush. (Mass.) 85, Finher v. McGirr \T' \ 
 (Mass.) 27; Parnon-i v. Pentintjefl, 11 Allen (Mass.) 512-£ '' 
 em Railroad Co., 98 Mass. 443; Licenne Ganes, 5 How. (USlWi 
 589, 632. Dillon on Municipal Corporations, 3rd ed. 9.55 jj ' 
 There is no kind of property over which the exercise of t? I 
 power is more frequent or supposed to be more necessary th I 
 dogs. In the view of the common law, dogs of all sorts hai I 
 intrinsic value, and the owner was held to have so little Droi)i.rt''l 
 in them that the stealing of them was not larceny. R^ij y p^-^t 
 son, 8 Cox, C. C. 115 ; Mason v. Keelimj, 1 Ld. Rayd. COS- rIJa 
 Edwards. 17 C. B. N. S. 245. But see harrinqlon v. Milkit 15 sl\ 
 355, and notes. The law has long made a distinction between dwiil 
 cats, and other domestic quadrupeds, growing out of the natures* 
 the creatures and the purposes for which they are kept. B« 
 which have been thoroughly tamed, and are used for burden « 
 husbandry, or for food, such as horses, cattle, and sheep, are i 
 truly property of intrinsic value, and entitled to the same protect! 
 as any kind of goods. But dogs and cats, even in a state of domes 
 cation, never wholly lose their wild nature and destructive instim 
 and are kept either for uses which depend on retaining and ca 
 into action those very natures and instincts, or else for the mi 
 whim and pleasure of the owner. Per Gray, J. , in Blair v. Forthn 
 1 Am. R. 96. Dogs have always been entitled to less regard ^ 
 protection than more harmless and useful domestic animals. M 
 V. Rymer, 2 Q. B. D. 136 ; Laverone v. Ma,iujianti, 10 Am. M 
 Meihus v. Dodtje, 20 Am. 6 ; Putnam v. Payne, 13 Johns (.VJI 
 312; Brown v. Carpetder, 26 Vt. 638; Wool/ r. Ohalker, il 'Oa 
 121. In the case of a by-law against the running at large of doi 
 the object of the by-law is not to prevent or punish trespasses on 
 property, but to protect the people of a city or town against dii 
 to their lives — against threatened death in perhaps its mostdisti. 
 ing form. Per Robinson, C. J., in McKenzie v. Campbell, l\!.\ 
 Q. B. 250, 251. The most effective mode for protecting people fti 
 such a danger is the annihilation of the cause of danger; andi 
 under a statute which merely authorized the corporation to J 
 by-laws for " preventing and regulating " dogs running at larM 
 was held that the corporation had power to pass a by-law for r 
 killing of dogs running at large in violation of the provisionsof j 
 by-law. Ih. 241. By the statute, the Legislature hare not left ( 
 power to inference, but conferred it in express language, 
 
489 17.] 
 
 FENCES. 
 
 38T 
 
 or harbourers of dogs ; (t) 
 
 16 Foi' killing dogs running at large contrary to the by- Killing dogn. 
 
 laws; (m) 
 
 Fences. 
 
 17. For settling the height and description of lawf ul f^""**- 
 fences; and for regulating and settling the height, descrij)- 
 tion aiid manner of maintaining, keeping up and laying 
 down fences along highways or any part or parts thereof, , 
 8ttd for making compensation for the increased expenses, if 
 I any to pei-sons required so to maintain, keep U;. .. lay down 
 gach last mentioned fences or any part thereof ; (v) See 
 lec. 511 (3). 
 
 il6 It is to be observed that the power either to restrain, regulate or 
 
 lliil is only to be exercised as to " dogs running at large. " Therefore, 
 
 if here an officer, under such a by-law, entered a dwelling house, took 
 
 the dog from the dwelling house, and afterwards killed it, he was 
 
 leld liable to the owner. Bisfuyp v. Fahay, 15 Gray (Mass.) 61 ; 
 
 Itrr V. Seaver, 11 Allen <Ma88.) 151. If the power were to kill 
 
 "whenever and wherever found," the officer would have a right 
 
 aceably to enter for that purpose, without permission, upon the 
 
 pOse of the owner or keeper of the dog, and there kill it. Blair v. 
 
 torehand, 1 Am. 94. As to when dogs can be said to be " run- 
 
 pg at large," see Commonwealth v. Dow, 10 Mete. (Mass.) 382. The 
 
 louacil of a township has no power to appropriate the revenue aris- 
 
 { from a tax imposed on the owners of dogs in one part of the 
 
 ffnship to the improvements of public streets and to other purposes 
 
 [thin the limits of such part. In re Richmond v. Front of Leed* 
 
 1 Lan-idoione, 8 U. C. Q. B. 567. 
 
 , Besides the power to restrain, regulate and, if necessary, kill 
 B, the additional power here conferred is to provide by by-law 
 .'imposing a tax on the owners, possessors or harbourers of dogs. 
 [he imposing a tax is to be looked upon rather as a measure of 
 lenuethan as a mode intended to be pointed out for indirectly 
 Uraining or prohibiting the keeping of dogs by imposing a tax on 
 Per Robinson, C. J., in McKenzie v. Campbell , 1 U. C. Q. 
 [246. See further the Act to impose a Tax on Dogs and for the 
 
 )tK(ion of Sheep. Rev. Stat. c. 214, and Williams v. Port Hope, 
 C. C. P. 548. 
 
 ii) See the notes to preceding sub-section. 
 
 |») An owner or occupier of lands, though bound to take care that 
 cattle do not wander from Lis own land and stray upon the lan<ls 
 Dother, is not by the common law under any obligation to put up 
 laintain a fence. Hilton v Ankesson, 27 L. T. N. S. 519 Ex. 
 also We!l.i v. Hoivell, 19 Johns. (N. Y.) 385 ; Staffwd v. Ingersol, 
 
 1 (N.Y.) 38 ; Laurence v. Jenkins, L. R. 8 Q. B, 274 ; Erskine v. 
 iine, L. R. S Chy. 756. Such an obligation can only be founded 
 
 1 prescriptive statutory obligation, by-law, agreement or cove- 
 
388 
 
 THE MUNICIPAL MANUAL. U 439 ,. ^Hg, 489 24.J Bl 
 
 Division Fences. 
 
 fe.2r.nd , If, for V^g^j'^ti^' the ■'eigl't. extent and deacriptio„ ofl 
 foif, thereof, lawtul division fences; and tor determining how the cost th 
 
 of .shall be apportioned ; and for directing that any amn fi 
 
 so apportioned shall be recovered in the same manner I 
 
 penalties not otherwise provided for may be recovered unl I 
 
 Kby?aw. this Act .; but initil such by-laws are made, the aIj 
 
 made. Kev. vesj)ecting line fences and ditching water courses 
 
 ' continue applicable to the municipality ; 
 
 Stat, cc, 
 220. 
 
 Barbed-wire 
 fences. 
 
 shalll 
 
 I 
 
 1 9. For providing proper and sufficient protection _ 
 injury to persons or animals by fences constructed whollv 
 in part of barbed wire or any other material ; (w) 
 
 Snoio Fences. 
 
 Snow fences. oQ. For requiring owners or occupiers of lands bordei' 
 
 upon any public highway, to take down, alter, or remove 
 jj fence or fences, subject to the provisions of The Act 
 
 198.' * ' inff Snow Fences; aScc sec. 511 (3). 
 
 
 nant. lb. If t1ie obligation to fence exist, it is in general i , 
 the act of God or Hk major only excepted. It is no defence then 
 fore, in such a case that the defendant had no notice of the want i 
 repair. Laurence v. Jenkiiu*, L. R. 8 Q. B. 274. Provision is _ 
 !is to line fences by Rev. Stat. c. 219. If there be a dfity to fenci 
 the neglect of it deprives the person upon whom the duty devolvejd 
 the riglit to complain of injuries suffered by his animals. Cmim 
 H. t{? D. Railroad Co. v. Waiernoiiy 4 Ohio St. 424, or by the entr 
 of animals ou his land for wan! of a sufficient fence. York v. Dm 
 11 N. H. 2^1. See alio Kmt v. Low, 6 Mass. 90. Where the kei 
 lature imposed a penalty of $100 upon railways for every montil 
 dolay in performing the duty of maintaining and keeping legal u 
 sufficient fences, it was held that the neglect of the corporation! 
 pei-form the duty rendered them liable to reimburse any pe™ 
 su tiering injury thereby. Xorrin v. Attdroxcotjyin Railroad C0.I 
 M iiue 273. 80 it has been held that any one who voluntarily snu 
 his cow to go at large in the public streets of a city contrary toil 
 by-laws, with no one to take charge of her, and thus to stray upoil 
 railroad track at the time when the cars are passing, cannot rso 
 against the company without proof of gross negligence on their p 
 lioioman v. Troy and lioMon Jtaifroad Co., 37 Barb. (N.Y.)5I6. 
 also lieUefontaint and Indiuna Railroad Co., v. liaikij, II OhioS 
 333; LoiiisviUe, ttr.. Railroad Co. v. Ballard, 2 Met. (Ky.)l"I. 
 
 (w) In Jlillyard v. Grand Trunk R. W. Co., 8 0. R. 583, iti 
 held that a barbeil wire fence constructed upon an ordinary coiuid 
 road could not be treated as a nuisance in the face of this provial 
 by which the use of such fences seems to be sanctioned. It wast 
 held in the same case that evidence of the use of such fences in otl 
 townships and that other municipalities held out inducenientatoen 
 them was admissible. 
 
 I 21 Forcomj 
 lop drai" oi' w 
 Igates wiiere fen( 
 
 l..«>i'isnfiti<r nprsi 
 
 32. Forpreveti 
 ireeds detrimenta 
 kon thereof ;(y)fo 
 jo euforce tlie ])ro 
 puties, and dolerii 
 jiarges he is to re 
 fee (lino Kev. Stat 
 
 :'3. For prevent] 
 Ureases of animals, 
 
 Bw 
 
 [24. For re;!^ii latin 
 
 [s, ti-ees, brush, s<| 
 
 It is the duty of i 
 Ivitli tt'iwte gates ol 
 V, and to keep tliif 
 ter. Sdiiylk-ill Xal 
 fcm l)e so iniproperjl 
 Jonth' ice break ini? 
 liBJured, the propruL 
 i accumulations of 
 |aIso CowIkh v. Ki(l(A 
 iCmalCo., 2 AlleiJ 
 
 I .is to the duty of rl 
 pous weeds from tliel 
 
 Tl'e alloH'ance o| 
 m on the 8treet.s 
 Vf the public to till 
 J-iys should be of 
 F ">'• CmniiKjham, 
 petable offence to „ 
 >3mal].pox, onanil 
 [i /»"• V. UiiriieH, l\ 
 
,00 04.1 BURNING STUMPS, TREES, BRUSH, ETC. 
 
 Water Courses. 
 
 01 For compelling t^ie owners of lauds through wliich any ^^^'^ 
 ' \ -^ OP water course passes to erect and keep up water 
 ''*" where fences cross such drain or water course, and for 
 
 389- 
 
 es' 
 
 (r persona obstructing any drain or water course ; 
 
 Ipreventiiii, 
 
 Weeds. 
 
 oo For preventing the growth of Canada thistles and other '"/J^o^W^o, 
 ^'s detrimental to husbandry, and conii)elling the destruc- thistieB and 
 
 r thereof ; (2/) f'^'' *'^^ appointment of an inspectorwith power 
 "enforce the provisions of such by-law ; for regulating his 
 
 B t'es and doteru.ining the amount of remuneration, fees or 
 
 , ^^'j, |,Q ,s to recei^ e for the performance of such duties ; 
 
 fe!«/.oRev. State. 202. 
 
 Fxllh in Streets. 
 
 'ifl, lieventiiig; 
 ' throwing of 
 
 •'3. For preventing persons from throwing any dirt, 
 kr'cases of animals, or rubbish, on any street, road, Ian 5, or Jirt, etc., in 
 jghway ; {//!/)■ 
 
 Burniny Stumps. Brush, etc. 
 
 W For regulating the times during which stumprs wood, J^h''|^|,*"j!;',f^ 
 s trees brush, straw, shavings, or refuse, niay be set on of stumpn, 
 
 ' ' '- trees, brushy 
 
 —- — etc. 
 
 It is the duty of a person who constructa a dani so to coustruct 
 
 wth waste gates or otherwise, as to permit the passage of the 
 
 r, and to keep the waste gates in a diiin free for the jiassage of 
 
 r! Sdiiylki/l Xariijation Co. v. McDoiiouijh, .S.3 Pa. JSt. 7.S. If 
 
 be 80 improperly constructed as to cause ice to accumulate, 
 
 th' ice breaking up in the spring the fields adjoining the dam 
 
 injured, the proprietor is liable for special injuries caused by 
 
 i accumulations of ice. Bdl v. McChiitock, U Watts. (I'a.) 119. 
 
 also Cowki V. Kidd&r, 24 N. H. 3(54 ; xcd qu. see Smith v. A<ja- 
 
 Caiirt/ Co., 2 Allen (Mass.) 35"). See note (:) to sub-s. 24. 
 
 J As to the duty of railway companies to remove thistles and other 
 lous weeds from their lands. Wee Rev. Stat. c. 170 s. lUT. 
 
 The allowance of dirt, tilth, carcases of animals, and oiiicr 
 psh on the streets, would be the allowance of nuisances. The 
 tof the public to the healthy and unrestricted use of the public 
 rays should be of the first concern to municifial bodies. See 
 |/f V. Cimniwjhain, 1 Denio (N. Y.) 524. It has been held to be 
 jjlictahle offence to expose a person having a contagious disease, 
 ! small-pox, on a public highway. Hex v. Vantaiulillo, 4 M. &, 
 I; Hex V. Burnett, lb. 2/2. 
 
% ' ' , A, 
 
 I 
 
 390 
 
 rulatiDf 
 puDlic 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 489 2i 
 
 tlie open air, (z) and for prescribmg prec 
 ved daring such times, and for pievpnti?" 
 kiudled at other times : 46 V ^ ic "« 
 
 fire or )>urned in 
 
 tions to be observed «, ^ »..^.. v.^„, „„« lor preventin 
 
 such fires being kiudled at other times ; 46 V c 18 n 
 (10-21) .'^ee Rev. Stat. c. 213. ' " ' ^• 
 
 490, 
 
 Exhibitions, Places of Amusement, etc, 
 25 'or preventing or regulating and licei.^iug ex/iiojti 
 
 (i) 'i'iu 
 stroug, if i;; 
 
 kindling of a fire, in a municipality where such a h 
 ■\ time other than that prescribed by the by-law ^ 
 ard * Vhe precautions made necessary by the bv-law ,..' 
 
 win 
 
 inclusive evidence 
 
 necessary by the by-law, wou! J 
 of negbgence. ^ An owner of LbJ 
 
 ■(limij 
 will not be liable to damages. But if he bring upon his land ai 
 
 who without wilfulness or negligence, uses his land in the or i 
 which would not naturally come upon it, and which in itself is ,'> '"'I 
 
 manner, though mischief shouldbe thereby occasioned to hisneichhr ' 
 
 since 
 
 ous, and may become mischievous if not kept under proper cotT 
 though in so doing he may act without personal wilfulness or r I 
 gence, he will be liable to damages for any mischief thereby occa.. j I 
 Flttcher v. Rylands, L. R. 1 Ex. 265. 279 ; L. R. .3 H L •mrX 
 ,'<tairi*v. Taylor, L. R. 6 Ex. 217 ; Smith v. Ftdcher, L H *7 p; oXJ'f 
 Jios.^ V. Fedde7i, L. R. 7 Q. B. 661. But so far as tire isconcenl'l 
 the law seems, for the present at all events, to stand upon a diff J 
 footing, mikiti-s V. Now, 15 U. C. C. P. 326 ; Buchman v V 1 
 23 U. C. C. P. 101 ; ait/sou v. North (hay R. W. Co 33 u Hi 
 H. 128 ; 35 U. C. Q. B. 475 ; Murphy v. Dalton, 5 O.R. ^{.f\ 
 lomj V. Carrol, 7 A. R. 145. It is not very long ' 
 country was altogether a wilderness. Till the land is 
 can produce nothing, and burning the wood is a necessary MrtJ 
 the operation of cleariag. If it could be shewn that this busiLa] 
 clearing land could, by means which we can suppose to be withijtl 
 reach of those employed in it, be done at a time or in a manner tl 
 would make it wholly independent of any accident beyond the couh 
 of the party, then, perhaps, the bare fact of not having taken ^ 
 means might be held to constitute negligence. Per Rohinson C 
 in Dtun v. McCarthy, 2 U. C. Q. B. 448. 450 ; see also Hiim\ Vi 
 York Central R. W. Co., 35 N. Y. 210 ; Calkim v. Barqer 44] 
 (N.Y.)'A24; Stuart v. Hawlty, 22 Ind. 619; Fami y. kkSiml 
 Wise. 2/35 ; Clark v. Foot, 8 Johns. (N. Y.) 421 ; Hmbn v, /J 
 8 Iowa, 81 ; Arerritt v. Mvrrtll, 4 Jones (N.C.) 323; Baim 
 Scutt, 18 Barb. (N. Y. ) 347. By the common law an action liesioij 
 the party by whose negligence or that of his servants a fire ariio] 
 his premises and damages the property of another. Fillihr y. 
 pard, 11 Q. B. 347 ; See also Barnard v. Poor, 21 Picis. (] 
 378. One who purposely seta fire to anything upon his own pn 
 is bound to use ordinary care to avoid damage thereby to the dr 
 of another. Scott v Halt, 16 Maine 326. The burden of proofiilj 
 as in other cases of negligence appears to rest on the plaintiff, 
 teUot V. lionebrook, 11 Met. (Mass.) 460; Bachetdtr v. Hia 
 Maine, 32; Calkins v. Barytr, 44 Barb. (N.Y.)424, Jordam'Vi 
 4,Gratt. (Va.) 151. But see Tubervilv. Stamp, 1 Salk. 13; 
 V. Ingram, 3 Iowa, 81. 
 
391 
 
 , m 25 (a).] EXHIBITIONS, PLACES OF AMUSEMENT ETC 
 
 I wax work, neiiugeries, cucus-iidiiiff aiiH nf », 
 
 ;,ows usually exhibited by showmen LTf ***^«»' «"ch like f^w. ...d 
 
 icensing rolle, sk.ting rirfks, and other Its'^fr^'^^ '^^ ^« ' 
 .ent; and for requl.ag the payment ^Xele .r'T 
 
 utLoHzinj? the same, not excerdiujf «5oo J '®®*' ^r 
 
 license ; and for iniposhig iines on siiph , ^"^^^^ ^"^h 
 
 such by-'.ws : p .d .or levying the same bv S"' ^"^""Sing^-for 
 of the goods and chattels of such showma ?""* """^ sale ""'•«i«»'. 
 
 t)rusetl in such exhibition, whether owned V ^-^ *'^^^°"fe''»g to 
 or not, or for the imprisonment of such ofr«, f **". s^'owman 
 not exceeding one month ; (a) "«"aers tor any term 
 
 (s) Itshdlnot be Jaw:"d for the 
 
 pal corporation, or the conim;=!;° ^^ ""^ luunici- Licenae, 
 any city, to grant license.^ ?1'"^.'^ «* .H^ce in --' .. 
 
 any city to gmnt licenseroT'Ceiro "Ir^''' ^"^'-" 
 persons having exhibitions of any wor^?'^*"' '^«"-- 
 ridmg, or other shows of a lit« ^ "'^ circus- pia< 
 
 of gambling, or to those enga^^^^^^^^ ^^ P^^ees 
 
 goods, wares or merchandise of w.^ ''' *'"^*«» 
 tion, for gain, on the davs7f the T l" ''''^' ^"'^^^P' 
 Agricultural Association of Tj''^'^'^'<'^ of the 
 electoral district or townnhin «„ "?' ""'' «^ "'^J 
 either on the grounds Xjfei^^^^^.r ^ety^ 
 distance of 300 yards from v,, i ^' °' '^'^^'^o the 
 s. 24. V /> ^ v.c. 37, s. 12; 50 V. c. 29 
 
 1(b) Where the power is civen tn hr.^^ ~ — ■ — 
 
 |er involves the "ecessig oj deterSfn'' ^^'^^''^^^ occupation auch 
 Ift the extent aiul duratL. of 11^^* '"'''* '"^^^onable certeinJv 
 Ur; and „.„st be exeroisecl by theZncS"^ ^""^ «"'» ^^V^d 
 P to any person or authority. sleDiS ^^^ '^^^'^o* be tfele 
 k3rdud.,8ec. 357. In the UnitS s//r "^^'"">'''»P''1 CorS 
 ^e ,u the use of the words -reSt" .. ?. ,''''"»'^»'«n J'asC 
 Uce to useful trades and emSme„tr« ^'^^^^^.''as used S 
 kusements, exhibitions. &c. aTS th«V "^ "** ""^^ "» referenJe 
 Ksuchappears to have been the iLisllff ^'"^J''' *here is no rSt 
 [mode of taxation witha view t^ui* in!.'"*^"*. ^ usetbe licS 
 J as regards the latter, more e^fl^^^ "'*P^''^»P8toprohibitfo„ 
 
 r ^; ' y- ^- 4»9- The same words i/^io- ^°^^^c«^ ami Walker 
 
 
 I Till ET* ii; 
 
 ! ' 'fir ■•' 
 
 II ,' i 
 
 Ht;r. 
 
■3 ■*' ^ 
 
 m 
 
 ^^ 
 
 
 
 392 
 
 EsbibltiOM, 
 •tc. 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 489 26, 
 
 20. For i)reventing or regulating' ami licensing exhir* 
 held or kept for hire or proHt, bowling alleys m^ 
 l»lu(,'i's of iiniuseineut ; (h) 46 V. c. 18, s, 490 (3)\ 
 
 Trees. 
 
 Otii 
 
 itr 
 
 KnoonneriDK 
 planting of 
 certain 
 trees, etc. 
 
 27, 
 
 For allowing to any pei-son who plants fruit 
 or ti(!(!s, shrubs or saplings, suitable for affoidJiK/ 
 on any highway within the municipality, (c) iu abatrn,,,,,* , 
 Ktiitutc labour or out of the general fund, a sum of 
 
 *iliii(le 
 
 Hot l(s,< 
 >, 
 
 Ornamental 
 trees. 
 
 than twenty- five cents for every tree «o itlantod • v i 
 Stat. c. 201. ' ""'"' 
 
 Injuries to Property and Xotices. 
 
 2S. For preventing the injuring or d«\stroyiiig of t\m i 
 shrubs planted or preserved for shade or ornunieiit ((/i il 
 
 (/») TTndor a power to make "l)y-law8 relative to viii 
 
 ■W/iCC.s 
 
 V. Mdi/iion, 7 Iixl. 8(i, It h-xB been helrl that a tun niu iillfyi, 
 per Ml- a nuisanoe. Sfatc. v. JJiill, 32 N. .). 158. \V1r'u the corporati 
 was einpowereil to determine whetlicr bowliuj,' alleys ah'iuM '* 
 allnwtMl, and if so under what restriotions a by law reiniirin'tii 
 to be closed at a certain hour was Jiold valid. S/rJc v. /l'ii/,'2i)][.J 
 4.')7. See also .SVa^r V. Frtcmau, HH }s. H. 4'2G. A .sk:itiiii; i-in^J: 
 mii.sic is a place of anuisement. Hei/, v. Tiirbr, 2 Q. ]J. U, 4]- 
 furtluT note a to sub-s. 25. 
 
 laiitim 
 treg 
 
 ('•) The policy of the municipal law is to encourage the pla 
 of troes on publij highways. See Kev. .Stat. c. 201. Slimle 
 Iilantutl hy a land owner between a carrriage path and a sidewalk ai 
 not to be deemed a nuisance, (irares v. Shall iick, 3,") N. H. i'lj 
 
 ('/) It was lield in the United States — under a general power "J 
 ordiiin such laws, not inconsistent with the constitution andhwiJ 
 the State, as shall he needful to the tfood of the fiVy"— thattliecii 
 luui jiower to pass a Jjydaw imposing a penalty upon any person tJ 
 sluiuld mutilate or destroy any ornamental tree planted in tliestreej 
 lanes or otiier public jjlaces of the city. Stale v. Mtrr'dl, 3; M 
 320. Whatever doubt there might be as to the power mk\ 
 statute so general as that quoted, there can l)e none under 1 
 section winch is '* for priretiliinj the iiijuriiKj or dcstroyiinf ot m 
 or shrubs planted or preserved for shade or ornament. In onierl 
 sustain a charge under such a by daw, it would not be necMsaijI 
 show that the injury or destruction was either wanton or malici/ 
 If any person unlawfully and maliciously cuts, breaks, harks, ra 
 up, or otherwise destroys or damages the whole or any p.ut if i| 
 tree, .sapling or shrub, or any underwood growing in .iny park, |4 
 sure ground, garden, orchard or avenue, or in any groiiim adjoin 
 
480 1i 
 
 libitions 
 »d otiwr 
 
 )• 
 
 •uit tlM. 
 iteniciit o{ I 
 
 of tvopsofi 
 iient ((/)aiii| 
 
 ivohildtiiii; im 
 .)r j;auiiirlme.l 
 
 (,/(', V, .S.|/'an(|I 
 
 .c\\. Ill; Siiiiii 
 
 yni\ i\\ky is iiiiU 
 
 I tlie coqvintioi 
 
 leys shiiuV W 
 
 i-e(iuivin!!*.'iU'iB 
 
 //,(;/, i'jMvi: 
 
 tinii I'iii'r; »'ii 
 
 39a 
 
 n 
 
 !/ 
 
 489 30 1 0^8 4^*^ WATER COMPANIES. 
 
 tl e (lefftcing of privnte or other property by printed or other 
 notices; («) ^ 
 
 oij por preventing the pulling down or defacing ofsigm. 
 Vn-boardH, (/) ^^' °^ printed or written notices lawfully 
 
 Gas and Water Companies. 
 10 For authorizing any corporate gas or water company Authoriiing 
 to lav <1"W" I'M"^** °' conduits for the conveyance of water oi* S^tM** 
 ..,i„.. ofLootn nr imblic snuares. (o\ subiect to such reDrn-con«P»«>l««to. 
 
 lay down 
 pipes, etc. 
 
 
 ■ 
 
 
 Pffl 
 
 ' 1*1 i-' 
 
 '"■''fir 
 
 
 to lav <1"W" I'M"^'* °'" conduiis lor me conveyance 01 water oi* w»ur 
 
 I gas liiulcr streets or public squares, {g) subject to such regu-fonip^ 
 
 latious as the council sees fit ; pip,,, 
 
 ge the plamiai 
 
 I. Sh;nle m 
 
 il a sidewalk 11 
 
 N. U. i:^ 
 
 leral power" 
 ititm audtai 
 ,"— that the cij 
 . any persons 
 .etliuthestteelj 
 Wf rri//, 3: Md 
 L power wk\ 
 |io under this sr 
 .,stroi/i«ir oi "', 
 lent. lnor>'.«l 
 It 1)6 neccssarjj 
 .ton or vdm 
 [eaks, harks, ni 
 |r any part «' ' 
 in anypAf 
 ' groiuw ailj* 
 
 . belondiig to any <lwelliug house, &c., he is guilty of felony. R. 
 IB C 0. 163, 8. 22 ; see further sub-s. 20 of sec. 479. 
 
 [A No one has a rij^ht to injure the property of another with a 
 »iew to uahi or otherwise. Posting up placards against house walls, 
 may be ft defacement thereof, and so a legal injury. 
 (A Pel sons tearing down or defacing signs are lia))lti to be pro- 
 le'deil against as vagrants. See K. S. C. c. 157, s. 8 (h). 
 
 In L'eneral, the sanction of the Legislature, or of some inuuici- 
 
 I'lutliitrity having the power to confer it, is necessary to authorize 
 
 jlaviiiK down of gaa pipes under streets or public a(£Uiircs. EllU 
 
 SblUM Ocu< Co., 2.3 L. J. Q. B. 42 ; Jiey. v. Lonnfoii. Oct-i Co., 2 
 
 4 K. »i.'»l ; see also Reij. v. Charlexworth, 16 Q. H. 1012; Heg. v. 
 
 '(ii,i, i) Cox C. C. 180 ; ThoinpsoH v. Snnder/avd O'as Co., 2 Ex. D. 
 
 IMuii V, liirharrfsoii, 13 Alien (Mass.) 146, 160; State v. Cin- 
 
 l'iati(la.-:Co., 18 Ohio «t. 2<!2 ; Milhan v. Sharp, \v> Barb. (N.Y.) 
 
 ,s'Hii(A V. Mitt'opolilan Om Co., 12 How. I'r. (N.Y.) 187 ; People 
 
 R/i.N>o», 30 Barb. (N.Y.) 24; Norwich Gas Co. v. Norwich City 
 
 (.'0,, 25 Conn. 19. As to liability for injury causeil by laying 
 
 m pipes. See Scott v. Manchester, 2 H. &; N. 204. The laying 
 
 III of water pipes of course stands on the same footing. Milhaii 
 
 ShariK 15 Barb. (N.Y.) 210 ; Kelsey v. Kimj, 32 Barl). (N.Y.) 410 ; 
 
 tiw-'sioiifrs v. litulxoii, 2 Beas. (N.J.) 420. An agreement between 
 
 ihway hoard and a gas company, that if the former would give 
 
 liitttr a license to open a certain public highway the latter would 
 
 ke good the expense of the road, and pay one shilling per yard for 
 
 hucli of tlie highway as opened, is a valid agreement. Edgeware 
 
 limy Bmrd v. Harrow Gas Co., L. R. 10 Q. B. 9L'. A county 
 
 (il has 110 power, in the a))Hence of express legislation authorizing 
 
 grant the exclusive right or monopoly, either as to ga« or 
 
 r,to anyone company or person. Ohio v. Cincinnati Gat Co., 
 
 jiioSt. 2G2; Norwich Gnu Go. v. Nonrich City Gat Co., 25 Conn. 
 
 peo;//e v. Benson, .30 Barb. (N.Y.) 24. A gas or water company 
 
 |, iu the absence of express statute or contract, bound to furnish 
 
 f water to all buildings on the lines of their main pipes, although 
 
 ^naation for so <loing be tendered. Patterson Gaslifjht Co. v. 
 
 ^,3 Dutch (N.J.) 245. (See, as to the duty of municipal cor- 
 
 ons, sec. 480, 8ul)-s. 3.) In the absence of proof of negligence, 
 
 Uomi)any is not liable for the escape of gas or water. Blyth v. 
 
 wjhiwi WattrCo,, 11 Ex. 781. 
 
1*11; 
 
 ;}94 
 
 TakInK itnck 
 ill gM and 
 water 
 companie*. 
 
 ProTlio. 
 
 Head of 
 uorporation 
 to be ft 
 dirttutor in 
 rvrtain 
 «aiea. 
 
 TIIK MUNICIPAL MANUAL. [« ^gj „. 
 
 31. For acquiring Htock in, or lending nioui'y to r h 
 coni|»iny ; and for guuranteeing the pHynient of inonc'v \ 
 rowed by, or ol" debenturcH isaut'd for money so liorrowed l"^ 
 the company ; ]irovided thu by-law i« connentod to hy fi^ 
 electorH, as boreinbeforo j)iovi<led. In Kuch cinie tho lieHrl f 
 any corporation holding stock in hucIi coiinmny to tl' 
 amount of .$10,000 shall be ex officio a director of tl" 
 company in addition to the other directors theri-of (lA u i 
 Hhall also bo entitled to vote on such stock at uiiy eleoti 
 of directors ; 
 
 Sale of In- 
 toxicating , I •> 1 ,• ■ I o -""a 
 
 drink to to a chiJd, apprentice or servant, without the consent of » I 
 children etc p^j-gnt, master, or legal protector ; '" 
 
 Giving Intoxicating Liquors to Minors, etc. 
 
 32. For preventing the sale or gift of intoxicutiug dHnk 
 
 Jut the con 
 
 Public Moraln. 
 
 iilJfuTdVcto ^*^- ^^'\ preventing the posting of indecen^ placards, wriJ 
 ings or pictures, or the writing of indecent woixIh, or tlie/ 
 makini,' of indecent pictures or drawings, on walls or fenw 
 in streets or public jilaces ; (J) 
 
 (A) Although the municipal corporation may either acquire stock! 
 , lend money, or guarantee money uorrowed by a gas or water comj 
 
 pany, it is only when it acquires stock to the amount of at les 
 ^10,0()0 that the head of the corporation becomes an cx-ojlirio directoH 
 
 (i) The by-law may be passed to prevent the We or (ji/t of intoil 
 eating drink to the classes mentioned, unless under the circumstiuict 
 <lireeted, and not otherwise. It was held that a municipal coriiort 
 tidu, in the absence of express legislation, had no power to pass i 
 . H by-law. In re Barclay ami DarlbKjton, 12 U. C. Q. B. 86. 
 express provision was aitervi'ards made on the subject. See lii] 
 HoKH anil York and Peel, 14 U. C. C. P. 171 ; In rt hmlie and n 
 Town of lioiomanville, 38 U. 0. Q. B. 580 ; In re Arkell ami ] 
 Town of St. ThonuiH, lb. 594. Though idiots and insane pergonsi 
 not mentioned in the section, a by-law preventing sules to such i 
 sons would not be bad. So long as such a by-law ia not repu^ 
 to the laws of the Province or of the Dominion, there would ap 
 to be no objection to it. lb. See In re Hoxm and York and Pttl\ 
 U. C. C. P. 174. See also Rev. Stat. c. 194, s. 76. | 
 
 ij) It is a misdemeanor to procure indecent prints with intern 
 publish them. Dugdale v. lieg., 1 E. & B. 4.35. Buttopres< 
 and keep them in possession is no offence. lb. Thesaleof anobs* 
 print to a person in private — h^ having in the first instauce re(|ua 
 that such prints should be shown to him, his object being to pro8e( 
 the seller — is a sufficient publication to sustain the charge. M 
 ('arlile, 1 Cox (!. C. 229. Where under a village by-law a convij 
 was made for writing and posting up an indecent placard, and 
 
 urn 
 
J' '^lil. 
 
 ) 31. 
 
 , such 
 abor- 
 ted liy 
 \>y llie 
 \mv\ of 
 to tlie 
 of \\w 
 (/i) and 
 eltction 
 
 iig ili'ink I 
 sent ut' & 1 
 
 ivrds, writ-I 
 .•d«, or tlie| 
 H or feuM 
 
 |i;i('/ of intoil 
 
 iiircumsUnct 
 
 bipal cor\)ort 
 
 ' to pasa Slid 
 
 |. B. 86. " 
 
 It. See III I 
 
 \roiUe awl \ 
 
 ikell and 
 
 ae pemnu 
 
 ks to such I 
 
 J\ot repug' 
 
 woom app 
 
 IH; and PetlJ 
 
 I with inteni 
 |ut to pres( 
 sofanoba 
 lauce rwiua 
 Vgtopw 
 large. «1 
 Iw a convia 
 lacard, m 
 
 rUULIO MORALS. 
 
 395 
 
 ,.489 35] 
 
 34 For preventing vice, drunkenness, profane s'^'e'^ring, vi«o,^tirunk- 
 obscene, blaspheniouB or grosHly insulting language, and other 
 iiiiDionvlity and indecency ; (k) 
 
 3') For Kuppressing disorderly houses and houses of iU- L«wiint»». 
 
 fame ; (0 
 
 1 irtl Wft8 J* criminal libel it was oouaidored doubtful by Cameron, 
 
 ^whether the municipality could thus make a new offence and 
 
 la lu'W or aililitional punishment for what was already a criminal 
 
 ;£ce i'^</'^//«" V. McJiinnm, 1 O. K. 219. 
 
 (t) 
 
 Collecting crowds in the streets hy using violent and indecent 
 
 18 an 
 
 knuuaw to pasuere by, thereby obstructing their free passage, i 
 lictaule nuisance. Barker v. Cammonwealth, 19 Po. St. 412. 
 
 I/I There is no power to license bawdy houses. >S'<a/e v. Clarke, 
 14 Am. 471- Power to make by-laws relative to nuisances has been 
 h 1 1 to confer authority to im^)OBe penalties on bawdy houses, and on 
 
 rsoiis owning houses used, with their knowledge, for such purposes. 
 ^•\li4er V. Vlark, 33 Conn. 91 ; see also Ely v. Unptrnxors, 36 N, 
 Y 'W ■ ^f^(\l^^ v- Mumma, 17 Md. 331. Here the power conferred 
 
 • to make by-laws for ** Humtrensimj disorderly houses and houses of 
 'llfame." 'ibis, by implication, confers the right to use means 
 necessary to that end. Childrcxs v. Mayor, d-c, 3 Sneed (Tenn.) 
 u' Forbidding owners of houses from letting or renting for such 
 
 mirpose is lawful. Ih. But though destruction of the house would 
 be a means of suppressing it, it would seem that power to demolish 
 
 • jq( ty be inferred from the power to suppress. Welch v. Stowell, 
 2 Doug. (Mich.) 332. The buildiiuj in which a particular trade is 
 carrieu on, or the /tow-te which may be kept in a disorderly manner 
 
 I or used for unlawful purposes, is not per ne a nuisance. It is the 
 misuse or abuse of it that constitutes the nuisance. Bnrditt v. Swennaii, 
 17 Texas 489 ; Danjan v. Wadde/l, 9 Ire. Law (N. Car. ) 244. The 
 
 I Doug. (Mich.) , _ 
 
 C/nriv. Symcu.'<e, 13 Barb. (N. Y.) 32. In prosecutions for keeping 
 
 Ibavily houses, evidence may be given as to the common reputation 
 
 I of the defendants. Slate v. McDowell, Dudley (S. C.) 346. Where 
 
 [defendants, as master and mistress, resided in a hou3e to which men 
 
 lind women resorted for the j)nrpo8e of prostitution, but no indecency 
 
 lor disorderly conduct was pe: eptible from the exterior of the house, 
 
 lit vaa held, notwithstanding, t 'at defendants were rightly convicted 
 
 )f keeping a house of ill-fame. //«</. v. Rice, L. R. 1 C. C. 21. A 
 
 joBviction, for that the defendant <lid on Ac, in the city of Toronto 
 
 keep a common disorderly bawdy house on Queen street, in the same 
 
 pty, a place of resort for both men and women of lewd character for 
 
 Ihe purposes of prostitution was held to be sulhcient. Jietj. v. Munro, 
 
 BU. C. Q. B. 44. But a conviction under Dominion Act. 32 & 33 
 
 fict. cap, 28 (now 11. S. C. c. 157,) for that defendant was in the 
 
 jiighttime on the 24th February, 1870, a common prostitute, wander- 
 
 jon the public streets of Ottawa, and not giving a satisfactory 
 
 nant of herself, contrary to the statute, was held bud for not 
 
 '») i>i''- 111 \\- 
 
 w llv r 
 
 tl.5' '■ 
 
 j I 
 
 
 W 
 
 -1 M 
 
 
 IliliU Jit,!, 
 
 I -■•?:* ^:ir^a» ip 
 
 

 
 irA 
 
 396 
 
 Gaming. 
 
 Racing^. 
 Yagranta. 
 
 THE MUNICIPAL MANUAL. [s. 430 ,„ 
 
 36. For suppiessing gambling houses, (n) and for seizin,, 
 and destroying faro-banks, rouge et noir, roulette tables a ! 
 other devices for gambling found therein ; (0) 
 
 37. For preventing horse racing ; (p) 
 
 38. For restraining and punishing vagrants, mendicants 
 and persons found drunk or disorderly in any street lii»ii«r ' 
 or public place ; (q) ' 8 ay 
 
 shewing sufficiently that she was asked before, or at the time of b ' 
 taken to give an account of herself, and did not satisfactoiilv 1 *"'''' 
 Hey. V. Levecqne, 30 U. C. Q. B. 509 ; see further He,, v sJa ^"'^ 
 U. C. Q. B. 518. ■ 
 
 J^e'J- V. .Smith, 3iJ 
 
 (n) All common gaming houses are nuisances in the eye of the la ^ 
 being detrimental to the public, as they promote cheating anil oth'^^ 
 corrupt practices, and entice numbers of persons to idleness who^" 
 time might be otherwise employed for the good of the comniunit^ 
 1 Hawk. P. C. cap. 32, s. 4. See further JUinMiKKippi Society of ^ 
 V. Mnxijrove, 7 Am. 723 ; Moore v. The State, 12 Am. 367 ; Bo»L* 
 DavieH, 1 Q. B. D. 84 ; Brodie and BowmannUe, 38 U C R "i* 
 State V. Book, 20 Am. 609. " 
 
 (0) As to the power to xeize and dentroy private proiierty whd 
 necessary in the public interest, see note <j to sub-s. 21 of sec, '479 ' 
 
 ( p) The power is to jyret'ent horse-racing. A former niunitiiial l 
 was to " prevent or regulate. " Horse-racing is not under all circu 
 stances illegal. Olipluuit on Horses, 3rd ed. 412. No person is hd 
 ever, permitted by the law to run a horse at a race unless it isj 
 own, nor to enter more than one horse for the same "plate " 
 pain of forfeiting the horses. 13 (ieo. II. cap. 19. sec. 1. ]s'o 
 can recover a wager on a horse race that is illegal within the stiiii 
 Sheldon v. Law, 3 U. C. Q. B. O. S. 85. The proprietor of 
 course is not responsible for the '• purse," unless upon clear nro 
 an express understanding to that etlect. Gates v. Tiuuimi Uf 
 (iJ. H. 295. Nor has tlie winner a right to recover back his "tntii 
 money," because the purse has not been paid over to him Ih 
 fusther, Sims v. JJeulson, 28 U. C. Q. B. 323. 
 
 (q) Notwithstanding there be provision by the general law a^ 
 vagrants, R. S. C, c. 157, it is still in the power of a numicip. 
 poration to make local laws to restrain them, provided the loo 
 be not repugnant to the general law. 67. Lonit v. Jieiitz, li 
 See also, State v. Cowan, 29 Mo. 330; Byers v. Comnionma 
 Pen. St. 89; Shafer v. Minnma, 17 Md. 331. The ancient 
 contain very severe regulations as to vagrants. 22 Hen VII 
 12 ; 27 Hen. VIII. cap. 25 ; 1 Edw. VI. cap. 3 ; 3 & 4 Kdw. ' 
 10 ; 14 Eliz. cap. 5 ; 18 Eliz. cap. 3 ; 35 Eliz. cap, 7 ; 13& I4( 
 cap. 12, sec. 23; 12 Anne st. II. cap. 23; 13 Geo. II. cap, 
 Geo. II. c. 5. The last mentioned Act, (17 Geo. II. c, o),j 
 vagrants into three cla.s8es: tirst, idle and disorderly persons ;j 
 rogues and vagabonds ; and, third, incorrigible rogues. Slj 
 evidence required to justify the conviction of persons as' 
 
 s. m 41] 
 
 39. For pv 
 md other ind 
 
 iO. For pre 
 tie person in j 
 
 (v 4ev.c.i 
 
 41. Forprevi 
 
 I % V. Lerecgite, 3 
 I St!/, r. Oryan, U i 
 uhmk in Im own 
 \U4(r V. Ton-em, j 
 [«e further In re ' L 
 
 iac 
 
 8< 
 
 indictable 
 %tever place becon 
 Of decency must bH 
 
 te may have been S 
 ""^i/orwentobaX 
 pPOH-erigto«;.e,..„. 
 
J^UISANCES. 
 
 and 
 
 , 489 41.J 
 
 39 For preventing indecent publf. ^ 
 
 other .decent exhibitions /(".^'^ ^P-"- of the pe.on m-eeene 
 40. For preventing or reffuJn^ "poure. 
 
 the person in any nubJiV «, ©"Jating the bathino- ^ 
 
 Nuisances. 
 
 41. For preventing and abating pubK. • 
 . ~r ' _________^ubJic nuisance,, • (A 
 
 'oj. V. Lerecque, 30 U. C. Q nZ^ ' — __ ' ^ ^ Nuisances. 
 
 , ^oj. y. Oman, 11 P. K. 497"^- \ ^^ ; Re,,. ^.Tb^ZZTZ ^— 
 
 lU4er y Top-em, 2 Q. fi. D. 403 . ^iv^' J' ^l^kJcv fi^' o" *° S^i 
 
 (r) The powrer is to prevent in J * " ^* ' 
 
 uil ofher indecent exhibition! "»<'ecent /jji^^^v .^^^ 
 Lindictment for indeoenSyexno^'? "'"^ *« Sr a n '^ *^« Person 
 Lotnecessan. that the expoS '!!« ^'« Person S t P''??-" "«We to 
 L pubhc. i?.^. V TkalS.yA'^^r.ia be n^^j^^^ f ;J^c place, it 
 Me act s done where a in-eat ..." u ^- ^- 388 • Q r ?, ''^.^ open to 
 fy it, and several see it if • ""'»ber of perL'n? ' ^- ^- ^^f 425 
 I Hhere the public go, 1^0 '* ?, «"«i«ient. ^}S "1 ""^^ ^ offendfd 
 foot. %. V. trellld,i4T ^^'^^^ther thev if« ^"^^'^ P^««e is 
 uy be indictable if commif f H /^* ^- 63. Jt ^^/ ^* Y« a right to Jn 
 
 i i/J.e place bert^utlV^^-^i^^^^^^ 
 
 iarge tiie offence to havn jV ''"• '^ the in.ii^^ ^ *^e realm 
 
 Wictmeut will not be su«L'" ?"^'nifcted onl^T^'t' ^''^^y^r' 
 Kommittedinaplace^S^J^^^^^^ 
 
 %. V. Fa,re , 9 Cox. C. C 44ff ^'IShway, thouA in f"n ^.^^"^e 
 wblic resor^ ,f actually seen bv ^" ^"decent e|no«n/"" ""'^^ ^^ 
 pig in a position to sp« ."T • ^ ""^y one noro ^P^^nre m a nlanp 
 E 1 Denn. C. O. 338 . P " "''* «« imficSr' 2° °">er person 
 
 Urn an omnibus. Veverat f^'^y ^^'^ indicted fc ^' ^^« • ^4' 
 ic place, ^e^. v. :^X^^^' /n««ers bSi>' "'* ^"d«««" 
 bordm8.on8fortheconvenL-*X'^60. Vt^"'- ^^^f^. a 
 ID open market, was 1,"?,'®°*'^ of the ni,M- :.** ""nal. wiVh 
 k 0/ the all^gSn ^^^y^ot *« '>« « pSbS\ '^""^^ ^^turtej 
 UaboothinapubHc „if'^- ^- OrcAa^r ? ^'''"" ^'«»n the 
 pe..s an indicta^ble''o^fffJ::« ''T'"'"^ a^ Lg.^;, .<;• 24^ 
 
 U';.^tever place becomes thl f !' '^ '"""'^'^-^i Q B "^'t."^ 
 lof decency mnsf K^ , '^'^^ abode of «; -i- ^* ^5. 
 
 ^^inthes^^aonthebefT'^- ^4 v 'Sf? ">«". there the 
 f-nmay be distinctly seen"?'' "'^^^^iiedTJuS 'f ^^'"^ «^- 
 [fcm may have been r^cenH^ ' "" '"dictable S '"""^ ^^'^h 
 "dfonnen to bathe' nTrL""''^''' '^^d *«1 ^h^n^-^' *'*^°"«1^ 
 Ilepo«eristop.e,.,« " d T ""'"^^''^ «^ *^« pSe '"// ^^^« 
 
 397 
 
 mil ' I ■! 
 
 an- . " Kreat n 
 
 ppofl-eriBtopremj/anrl 7 - '"""'e piace /a -"^ 
 
 IfOHers given bv +»,•?'*" «*«''epub]io« • ■**• 
 
 lowing 
 
398 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 489 41. 
 
 sub-sections regard should be had to that Act, and amendm 
 should be made to schedule A thereto when necessary. This a** 
 does not authorize the suppression of a nuisance so called whi i ■' 
 not in i'tiself unlawful, e. g., the prevention of persons called run " 
 or guides from exercising their calling in a town, i^e /)/,,.• "^"^ 
 Gliftoii, 8 U. C. C. P. 236. The nuisances intended are of twc kbT*' 
 public or common nuisances, which affect people generally i 
 hich may be defined as anvthiny dni,^ *' ^!"' 
 
 Erivate nuisances, which may be defined as anything don^ "t« .t 
 urt of the lands, tenements or hereditaments of another R„ n 
 on Crimes, 4th Ed. 435. That which affects only three or f our n 
 sons is a private and not a public nuisance. Bex v. Lloyd, 4 Egp ^' 
 The mere declaration by a city council that a structure is a liulf' 
 nuisance does not make it so, unless it in fact have that charact 
 See Dillon on Municipal Corporations, 3rd ed., sec. 374. Xhe t ^^' 
 " nuisance" is well understood, and means literally annoyance— a*'? 
 thing that worketh hurt. Hex v. White, 1 Burr. 333 ; Hex v. Da •'' 
 
 5 Esp. 217. It is not necessary to constitute a nuisance to sliew th^t 
 the smell, &c., produced should be unwholesome. It is enough if > 
 renders the enjoyment of life and property uncomfortable, /v k 'j 
 Mansfield, in Rex v. White, 1 Burr. 337. See also Jiex v Xeiii op 
 
 6 P. 485 ; State v. Rankin, 16 Am, 737 ; St. Helen' x Chmicalhl 
 Corporation of St. Helen'n, 1 Ex. D. 196 ; Campbell v. .S'e((ma« ai 
 Am. 567. *' If there l)e smells offensive to the senses, that is enouof 
 as the neighbourhood has a right to fresh and pure air " Per AWvft/ 
 C. J. , Rex V. Neill, 2 C. & P. 485. " The only cjuestion therefore L 
 is the business (slaughter house), as carried on by the defendant bf ' 
 ductive of smells to persons passing along the public highway." /! 
 A by-law providing "that no person shall keep a slaughter house j 
 within the city without a special resolution of the council" is y 
 tending to create a monopoly. In re Xaah and McCrachn, 33 U f ' 
 Q. B. 181. So a by-law imposing a line upon every person "wL 
 shall keep or suffer to be kept, any swine within the said borough I 
 from Ist February to 31st October inclusive, in any j-ear, EnnU 
 V. Grapen, 3 L. T. N. S. 669. A resolution of council or license! 
 from the corporation is no defence to a prosecution for a pablici 
 nuisance. Rex v. Crosfi, 2 C. & P. 483. "If the defemlanti 
 slaughtering house was so conducted as to be a public nuisance atl 
 common law, the parish might at any time have caused it to bel 
 removed ; and I am clearly of opinion that in this case it was soconi 
 ducted as to be a nuisance at common law, and that the defeiidaiitf 
 would not have been and is not entitled to any conipensation.1 
 Per Abbott, C. J., in Rex v. Watts, 2 C. & P. 486, 488. It wasii 
 this case proved that smells procee<'ed from the slaughter _.., 
 which was a great nuisance to persons passing along the pubiii 
 highway. Ih. If a certain noxious trade is already established in j 
 place remote from habitation and public roads, and persons aften 
 w^ards come and build houses within reach of its noxious effects, i 
 if a public road be made so near to it that the carrying on of tlj 
 trade becomes a nuisance to the persons using the road, in those a<(] 
 the party would be entitled to continue his trade, because his t 
 was legal before the erection of the houses in the one case, and td 
 making of the road in the other. Pnr Abbott, C. J., hi Ba\ 
 CroM, 2 C. & P. 484. But if th? m^n so situated increase I 
 
 I! 
 
489 41.J 
 
 NUISANCES. 
 
 399 
 
 hv the manner or extent to which ha carries on the 
 
 ""'f "°he ia liable to indictment. Rax v. WattA, M. & M. 281 ; 
 
 ^ , Xi'rille, 1 Peake, 92. In countries, however, where great 
 
 ''^ V re carried on, which are the means of developing national 
 
 *° il^npraons must not stand on extreme rights. Bamford v, 
 
 Tiri\ & S. 62-66 ; Tipinnr, v. St. Hdm^ SmtUing Go., 4 B. 
 
 ^'''S'. 11 H. L. Cas. 642 ; GamU v. Fynmy, L. R. 8 Chy. 8; 
 
 ,r •n,/v Good, L. R. 11 Eq. .338: Salmn v. North Branchepcth 
 
 .iPn L R. yChy. 705 ; Ball v. Bay, L. R. 8 Chy. 467 ; Broder 
 
 ^•"fllard, 2 Ch. D. 692; Adaim v. Michael, 17 Am. 516. The 
 
 ^ to abate a public nuisance is a portion of police authority 
 
 .power _.ygj;e,j jn the corporations of all public towns. Per 
 
 f S J. i" KeumdiJ v. Phelpn, 10 La. An. 227; see also 
 
 ^rtriv. lia,ilroad Go., 40 N. Y. 273. But a private individual 
 
 ot justify damaging the property of another on the ground that 
 
 *%?""! imhlic nuisance unless it do him a special and particular injury. 
 
 » V Petley, 15 Q. B. 276 ; Arnold v. Holbrook, L. R. 8 Q. B. 
 
 Dfi ]fauor it'C of Scarboroii/fh v. Rural Sanitary Authority of 
 
 lUomigh, 1 Ex. D. 344 ; State v. Parrott, 17 Am. 5. A dis- 
 
 £ tiou must be drawn between a house which is a nuisance per .le. 
 
 louses are established, undei' a provision that "no person 
 
 shall 
 
 U'/nter any cattle or <lres3 any ciircass for sale as food for man, in 
 
 IV plwe within the limits other than a slaughter house. " It was 
 
 111 that the enactment only applied to the slaughtering of beasts 
 
 itended by the person slaughturing the same for sale for human 
 
 1 fcVi'a^v. N"njhtin{fcUf, 8 E. A; B. 698; see further, Anthony 
 
 ilffcm Markefii Go'., L. K. 2 Ex. 167; reversed, L. R.7 Ex. 
 
 ) See also the Public Health Act, Rev. Stat. c. 205. An 
 
 lictmeat will lie for a public nuisance ; but not for a private 
 
 nmM. AV.C V. Atkim, 3 Burr. 1706. That which is not of public 
 
 iceiii is a mere civil injury. Rex v. Storr, 3 Burr. 1698; P ij v. 
 
 .mn, 1 Wils. .325. The non-repair of a private road, eveu oy a 
 
 jlio Iwily, is not indictable. Rex v. Richards, 8 T. R. 634 ; Rex 
 
 T:niford, 1 B. 4; Ad. 874. The writ quod permittat lay at common 
 
 to prostrate a public nuisance. Painter v. Poultney, 2 Salk. 458 ; 
 
 after judgtnent on an indictment for a nuisance, a writ of pro- 
 
 ^tiou may still be issued. Rex v. Newdijate, (Jomb. 10 ; Houijh- 
 
 Ca«, SirT. Boyd, 215; Vin. Abr. "Nuisance," A. II). "Chemiu ;" 
 
 Nat. Brcv. 124 ; Reij. v. Hayncn, 7 Jr. L. R. 2. An action on 
 
 case will lie for the continuance of a nuisance after recovery for 
 
 irection. Jioxeioell v. Prior, 1 Salk. 460. Though an indictment 
 
 nuisance is in form a criminal, it is in substance a civil pro- 
 
 ing remedial in its object. Rex v. Sadler, 4 C. & P. 218 ; IIol- 
 
 V, Wil-ion, 10 A. & E. 503 ; In re Dowjlass, 3 Q. B. 825 ; Thomp- 
 
 [V. Glhon, 7 M. & W. 456 ; Reij. v. Ghorley, 12 Q. B. 51.'- ; Rex v. 
 
 ie//,3E. & B. 942 ; Reij. v. Lowjhton, 3 Smith, 575 ; Rerj. v. Ln- 
 
 1,2 Chit. 214. Upon an indictment for a continuing nuisance — 
 
 as a wall across a highway — the proper judgment is, that it be 
 
 1(1. Rtxw. Stead, 8T. R. 142 ; Rex v. rork>ihire, 7 T. R. 467; 
 
 hen the Court is satisfied before judgment that a nuisance has 
 
400 
 
 THE MUNICIPAL MANUAL. 
 
 1':*''^ 
 
 W? 
 
 il!" I« t. 
 
 fcHl '! 
 
 By-IawR for 
 cleansing 
 
 Slaughter- 
 houses, gas. 
 
 b- 489 ]2. 
 
 42. For establishing, protecting, regulating and clean ' 
 w«ri»°etc. public and private wells, reservoirs and other public a 1*"'^ 
 vate conveniences for the supply of water, and for i ^" 
 public and private wells ; for j)reventing the foulinp^r'k^! 
 same and the wasting of water therein or therefrom f 
 curing an analysis of such water, and providing f .''^ 
 payment of the expense thereof, and for making i-Ls ' [ j 
 charges for the use of public water ; (u) *"* ' 
 
 SSKS. ^3- ^o'' compelling the owners, lessees and occupants of r^J 
 
 pools, etc. property within any defined area to fill up or close anv ii I 
 
 water-closets, privies, privy- vaults, or cesspools the 00111111^ I 
 
 of which may, in thejudgment of the council, be dangeroutj 
 
 health; (v) ™" 
 
 44. For preventing or regulating the erection or coiitinuj 
 
 been abated, the judgment need not be pronounced Pct v i il 
 don, 13 East. 164 ; Jie(,. v. Payet, 3 F. & F. 29. The practice folll? 
 is to respite judgment until it be seen whether or not the nu' 
 is abated, and if not to inflict a heavy fine to compel the abate'^^'l 
 lb. There may be an indictment for the continuance of a nui"" J 
 J{ef/. v. Mayhnry, 4 F. & F. 90, and in such a case the former till 
 ment is conclusive that the /oc«.s in quo was a highway, and thittf 
 erection upon it was a nuisance. lb. This being so, 'ui)on nroff 
 the continuance of the nuisance, the i iry must find' the ilefenl A 
 guilty. lb. See further, Keij. v. Jackson, 40 U. C. Q. B. 290 Tu 
 defendant is not liable to costs where the indictment is removed inj 
 Court by the prosecutors. Ih. In such a case, however the Co 
 after imposing a fine, ordered that one-third of the fine should col 
 the prosecutors, and suggested that the government might, on aDiJ 
 cation, order the remainuig two-thirds to be paid to them, the ivbL 
 fine being lets than the amount of costs incurred. If,. Where tJ 
 defendant removes the indictment and so becomes liable to pavioi 
 in the event of conviction, the Court, upon being satisfied tliatti 
 nuisance has been abated, may impose a nominal fine only A, 1 
 Cooper, 40 U. C. Q. B. 294. •'' ''I 
 
 (m) a corporation -ivas empowered by statute to erect a reserrJ 
 near a river, and on completion to divert the waters of the riverd 
 charging down the river seventy-five cubic feet of water per see 
 for twelve hours of every working day. The corporation began, 
 was prevented by the nature of the ground from completing i 
 reservoir. They diverted the waters, and discharged down the ril 
 more than its natural flow, but less than the quantity reoHiredl 
 the statute. Held, that riparian proprieto's could at conimoiif 
 recover for any damage sustained by the diversion of thewatera,! 
 could not recover for failure to comply with the statutory reqi 
 ment. Waller v. ManchesUr, 6 H. & N. 667. 
 
 '-) See /n re Mackenzie and the City of Brantford,\Q.l.\ 
 See further sub-sees. 47-49 and notes thereto. See also the \ 
 Health Act, Rev. Stat. c. >?06. 
 
^BO 12. ^■3.489^^-^ 
 
 NUISANCES. 
 
 401 
 
 leansing 
 and pri. 
 
 of slaughter houses, gas works, tanneries, distilleries, or worio, di»- 
 *T' niauuf act cries or trades which may prove to be nui- """''"^ ***^ 
 
 ig of the 1 
 , for \)\o. I 
 ; for tlie 
 ej.sonal)ie 
 
 intaofreall 
 
 any welhl 
 
 antinuancej 
 
 mgeroustol 
 
 or continu-l 
 
 Rex V. hfk\ 
 ,ctice ioWtm 
 t the nmsanoj 
 \\e abateraentl 
 of a iiuisan« 
 J former iutld 
 iT, and that tnl 
 upon proof ( 
 the ileiemUnj 
 B.290. tS 
 remnveil inlj 
 ever, the Cora 
 shoukl goil 
 ight, on appi 
 ,hem, thewhol 
 Where til 
 Me to fvj CM 
 ,tisfied thatt 
 only. H^ 
 
 erect a resenj 
 of the river d 
 irater per w. 
 ation began, 
 completini; I 
 d down the til 
 [itity requitedl 
 at common f 
 j)f the waters,] 
 Statutory requj 
 
 Yord,iO.V 
 also the ; 
 
 [jiiiiits In 
 which anU 
 
 sances; (w) 
 
 45 For preventing or regulating the keeping of cows, J^*^ ^^ ^^^ 
 1 « niffs and other animals, and defining limits within niairmky be 
 IB the same may be kept; (x) 
 
 ifi For ret'iilttting or preventing the ringing of bells, ujngingof 
 of horns, shouting and other unusual noises, or**"*'**"" 
 
 , blowing 
 
 Doises 
 
 calculated to disturb the inhabitants ; (y) 
 
 There is no doubt that certain manufactories or trades may be 
 
 L hi nuisances. The difficulty is to define them. Much depends 
 
 t } otion use and other surrounding circumstances. Ahlrich 
 
 r£T 7 Bh. Is. 87; Tipping v. St. Hefen\i Smeltiv.j Co., 4 
 
 *S 608. Slaughter houses, Rex v. Wattn, 2 C. & P. 486; 
 
 ».• , miiktinnale, 8 E. & B. 698; Anthony v. Brecon Market'* 
 
 F L R 2 Ex. 167; L. R- 7 Ex. 379; Duhoix v. liudlomj, 10 
 
 t' (X Y.fvOO; gas works, C/ere/a«rf V. Gas Light Co., 20 N, J. 
 
 201 • tanneries and distilleries are here instanced. To these 
 
 '• be added in populous placea a pij^-sty, Coviviixxioners v. Van 
 
 %i Bright (Pa.) 69; brick-making, Hanstead v. Hi/l, 13 C!. B. N. 
 
 rg- Bamffft-d v. Turnhy, 3 ]i. & S. 62 ; a planing mill, Jihodex v. 
 
 \.hnr ')! Fa St. 274; powder liouse, Cheatham v. Shearn, 1 
 
 uT(Tenn)213; Durnesuilv. Dnpo7it, 18 B. Mon. (Ky.)800; a 
 
 lerous building, Xolin v. Major, 4 Yerg. (Tenn.) 103; Harvty 
 
 Xdacoody 18 Ark. 252 ; spirit of sulphur and oil of vitriol works, 
 
 (V White, I Burr. 333. A by-law declaring thiit "no person 
 
 ill keep a slaughter house within the city without the special 
 
 hlution of the council," was held to be void, because it permitted 
 
 Kuritism by the council, and might be used in restraint of trade 
 
 hsedto grant, a monopoly. In re Nash and McCraken, 33 U. O. 
 
 IR 181 -but see Inhabitantu of Watertown v. Mayo, 12 Am. 694 ; 
 
 ifurther, //«: /'C^ v. Trew, 36 h. T. N. S. 585. See also Rev. 
 
 \ c. '205 8. 54 et seq., and S8. 104, 105, See further, note t to 
 
 ur. 
 
 (^ by-law providing that "no person shall keep nor shall there 
 Lpt within the city of Toronto any pigs or swine or any pig- 
 t." was held to be bad as being a general prohibition, and not 
 licted to cases that might i)rovo to be nuisances, McKuight v. 
 mo, 3 0. R. 284. The by-law provided that no cows should be 
 I in any stable situate less than 40 feet from the nearest house, 
 L than 80 feet where two cows were kept, and this was held 
 Ljectionable. Semhle, that the by-law was not bad, in being so 
 tally expressed, that it would restrict the owner fi-om keeping 
 I within the prescribed distances. Ih, See also Jte Kiely, 13 
 
 ,451. 
 
 I Ringing of bells, blowing of horns, and other «»H.s«a/, noises, 
 
 [ere treated as nuisances. They may or may not be nuisances, 
 
 fliigto circumstances. It is in the power, however, of the 
 
 ■ation at any time to treat all such noises, when in streets and 
 
 51 
 
402 
 
 Gonstmo- 
 tion of oel- 
 lari, dnlns, 
 etc. 
 
 
 ^^H; 
 
 
 
 
 
 Hill 
 
 
 
 
 lilS 
 
 ^^Bit 
 
 
 
 WHlir 
 
 m^^ 
 
 
 7W 
 
 THE MUXICIPAL MANUAL. N ^gg 
 
 Sewerage and Drainage. 
 
 47. For regulating the construction of cellars, sinks 
 pools, water-closets, earth closets, privies and privy vaiilta 
 for compelling and regulating the manner of draining clea •*" 
 cleai'irig, and disponing of the contents of the same • ^2^ 
 
 public places, as nuisances, land prevent them. It ia ditficult to hJ 
 
 cribe, tliough easy to imagine such "an unusual noUe" 
 
 be 
 
 a nuisance. 
 
 as would 
 
 Some examples may, however, l>e given. Tb > 
 of a tinsmith in carrying on his trade, if in a neighbourhood wT 
 there is a number of offices, and if sufficient to prevent the occn 
 from following their lawful business, will, if it affect any conside* 
 number of inhabitants, be deemed a public nuisance. Rex v /,/' 
 4 Esp. 200. Knocking at a door or ringing a door- bell atnia 
 whert the noise is so great as to disturb not only the owner of 
 house and his family, but his neighbours may be " wilful and wauti 
 within the meaning of Eng. Stat. 10 & 11 Vict. cap. 89 
 although the ni.in who was guilty of it had been instructed to'del 
 papers at the house. Clark v, Hoijijhin, 11 0. B. N. S. 544^ 
 circus, the performances in which were to be carried on fori 
 weeks near the plaintilfs house, and took place every eveninir li 
 rom about half past seven till half- past ten o'clock. Thenoii 
 'he music and siiout'ng couhi be distinctly heard all over the hd 
 ami was ao loud that it could be heard above the conversation 1 
 dining-room, ttiough the windows and shutters were closed. 
 M ii.s held tr be a nuisance. Inchbald v. Jiohiii-son, L. R. 4 Chyj 
 If a inau l)uilds a rolling mill close to inhabited cottages, sotii 
 viljration produced by the hammera cracks the walla of the coti 
 and the noise of the mill causes them to become and remain I 
 habited, tlie mill will be a nuisance. ScoU v. Frith, 4 F. 4 FJ 
 10 L. T. N. S. 240. See also Hathaway v. Doiij^ 28 GrantJ 
 G A. H. 2(54. Wlicre the council of a borough under sec." 
 the Municipal corporations Act, 1883 (45 and 40 V. c. 50| 
 provided that no person not being a member of Her Majesty'sj 
 or Auxiliary Forces, acting under the orders of his comii 
 officer should sound or play upon any musical instrument inl 
 the streets of the borough, on Sunday, it was held that the f 
 was unreasonjible and vltra rire-,, and therefore void. Joh 
 Manor ofCrcydm, 16 Q. B. D. 70 ■! A by-law of the city of j 
 prohibiting tlie beating of drums, \c., was held invalid so 
 sought to prohibit the beating of drums simply without t.i« 
 the noise being unusual or calculated to disturb. Reg. v. A 
 P. 1{. 395. See also lieu. v. Martin, 12 O. R. 800. 
 
 (:) It was held, under 18 & 19 Vict. c. 120, that the M 
 itan District Hoard of Works had no power to lay doivn any 
 or arbitrary rule, requiring all owners or occupiers of housd 
 within its district to convert privies into water-closets. 
 Waiiilswortk DUtrict Board of WorU, 2 l)e G. & J. 261 ; 
 S. 293. "The question is not whether they have power tol 
 order privies within their district to be put in a proper 
 state, if not in that state, but it is whether they have th«i 
 power to force on the plaintiff the mechanical contrivance 
 
 J«H9.J i 
 
 kl For compeIJi 
 aning, clearing, 
 wm/s, jards, vac< 
 
 \ki For making 
 that may ', 
 
 '{^ ' 
 
 lets, mth their reguis 
 
 iplyasbest he may, ii 
 
 riflifkeptinacondi< 
 
 [lind for the purposei 
 
 kjants in that respe 
 
 tlJii^ht Bruce, L. J., 
 
 l(f/irersion of an insufi 
 
 \.m J B. & S. 86'4. '. 
 
 itrent a municipal co 
 
 rr«i upon it by the L 
 
 ion of a urinal. Biddu 
 
 \m, reversed, lb. do. 
 
 I privies, privy vauK 
 
 at, BimeU v. S/ient, 
 
 iitioD at the time of th 
 
 jMtareh'abJe to he p 
 
 fcoaafterthelettiuLr. th 
 
 lliiUe to be prosecuted 
 mPeckv. Waterloo\ 
 fV.S.338. Jftheowm 
 bet on the other part oi 
 ienrards, by reason of t 
 
 itmiieduaeofifcbythe 
 
 itieoH'uerishableto 
 
 her so constructed. ^/.,, 
 
 kilicHealthAct, Rev. 
 Uclaiiseofaby.Ia„,r 
 hkrmpertie.,, abutti 
 ralicl. InreMcOutch 
 bee loa of a by-Jaw re 
 MMttrng on any street 
 k^evrithm fourteen da 
 i^-tje seventh sec 
 [Jliiior more than « 
 Nte eighth providfn* 
 
 Ntnotexceedinxfthir 
 h»J by-Ja^ added t 
 
 7'„ff«"y person the 
 ''''««ewer, should be 
 
 
 J^«" Of "drainage 
 ^'l»fe apparatus, and^fn 
 ^^^WdCamp. 
 
 
,mi9.] 
 
 SEMTERAGE AND DRAmAGE. 
 
 48, For compeJJing or regulating thp «n- 
 Ling, cJeanng, aJtering, relaj^iV or 1"^ •"?'' ^'"'^'"'V, »'""'.? up 
 Uh yards, vacant lots and private U^^'V''^ ^^ anySl'"""*' 
 r i^'^^ate drains ; ///\ v "'^'••ground 
 
 403 
 
 Lj.For making any other reenl«f.v ^ '^ ^«'<'''. etc. ' 
 
 U th.t ma, be deemed nUar^^f^rsSr^^ -^--. 
 p«S» (''/' -^ ^ sanitary pm-. forseworage. 
 
 ijte, with their requisite apnarafno f ' i " -— 
 
 .lyaabest he may, instead^ of thi nw'^-^'"'^ ^« " tTfi^T^rT 
 Res if kept m a condition proper for «f' u'®' ^^ich. ByifficlZ ^'' 
 land for the purposes ofhiFlJ? ''°^, conveniences «r *^ 
 sJants in that respect .X'stT' *^«'-«- TJ^e S.^.,"?!!" 
 lan^ht Bruce, L. J., /i. J&'*'V,°, "^e manifestly Sroundl *^^ 
 prei^iou of an insufficient pkvvnf" '"'^^' "»^y be Sf f " 
 '.« ] B. & S. 864. The cCt\Tl ° *. ^^t^'-closet S zJ"'" 
 reventa municipal corporation Z. "•''' interfere bv in/," I':^''" 
 e,ed upon it by the LeStu, «/'■''''•"« '>««« A^/th^-' ""*'"" 
 to„ofa^.riual.'^//«/.4;^''f J«~/or example, in Ihfs e-^T' 
 ^m, reversed, 76. 95.S: Tht „. '^'''' ^^"om- S'nlt a' r^^"" 
 ». privies, privy vaults &c ' ^^'S'''"* ?^ ««Jlar8, s^^ks' w t""" 
 "U Russell V. SheutontQ\'7T -^t'' '^^ dutv o?^'' 
 ion at the time of the iettin„ t*^' ^^ the privv h^ • *'*® 
 -^tare liable to he prosecu?^,*' ^ ^^ * ""iaance ^hofV" '"'^^^ 
 Cfterthe letting, tCe-mnf' ^"*'^ ^^ becS in "T' '^'' 
 
 fa«l »» of it by the owS 1^", ''■,°°"»'™oliou of^^'i 
 fc.™.„. «.Ue to theTe^LVtt^^4^'V'°" ^' « " 
 
 ^tieeighth providinrf^ ^^*^•'^ '"^''th he « '.i^ ''"^ "^ 
 «ntnot%xceed°n« thfr£^"^''"'"g Payment K" T"* ^ 
 
 [», that any person tLrebt'!'^^?*^^ /<^etioV abot n, j^"^'" 
 Pi-otdoso, But be St^to r""''i *« constructTj " 
 f;^e..er. should b^en^frt St^-^- ^hl' 
 ,«»„..<, . penalties, was also 
 
404 
 
 Tainted 
 proviaionii. 
 
 'm 
 
 4-l^M 
 
 "^WHiii 
 
 I -Si 
 
 
 I" 'iT 
 
 I ' 1" ■'*! 
 
 
 THE MUNICIPAL MANUAL. fg ign ,. J 
 
 Inspection of Meat, Milk, etc. 
 50. For seizing and destroying all tainted and unwl, J 
 
 Kniijht, 1 E. B. & E. 408-429. A stream supplied bjTthi^Tr 
 natural and artlHcial, of cultivated land, nncf receiving the * ["""'I 
 of two or three inhabited houses in its uussago to tlie river inu'i!^ 
 it Hows, was hefd not to be a sower within the moaniiii; of n, i- 1 
 Public Health Act, 1848, 11 & 12 Vic. cap. 63. /^ y }■?'' 
 Chester, L. R. I Q. li. 328. In order to make a municipal cornl 
 liable for damage arising from a defective sewer, evidence n 
 only be given of negligence on the part of the corporation in th" 
 agement of the sewer, but it must bo shown that they constru t^^ 
 sewer, or are in some other manner responsible for its mftinf 
 liafetnaii v. HamiUon, 33 U. C. Q. B. '244 ; Kmith v. iVerSl 
 IT. Y. 2U5. Mere proof of flooding is not sufficient to estulr 
 
 fi,-ima facie case of negligence. Noble v. Torovfo, 46 U. C R i! 
 f it be shewn that the corporation constructed the sewer wer li 
 gently ignorant of its condition, and in consequence of its d f 
 condition plaintiffs premises were flooded, plaintiff has an a f**! 
 damages. Scvogijie v. auelph, 36 U. C. Q. B. 5.34; (/,/„,a« v" 
 ro)na, 20 Am. 175. See also Potl v. IiidiaitapoHs, 52 hul. 547! 
 Eijmond v. Sec{/'orth, 6 (). R. 599 ; irray v. Dmulas, \[ q p', 
 l.'i A. U. 588. Power to construct a sewer " into, tliroui/h or " 
 Iriod" is not to be restricted to the construction of sewers 
 land. Roderick v. Axldon Local Hoard, 5 Ch. D. 3'J8. Altlw i 
 municipality having' the power to construct drains and sewers f 
 lawfully cause them to be built so as to discharge their li 
 matter into tho sea, yet this right must bo so exercised aa nJ 
 create a nuisance, pui;''n or private. If a public nuisance is crJ 
 the public has a remedy by a public prosecution and any iiidivj 
 who suffers special injury therefrom may recover therefor in 1 
 viite suit for (laniagcs. If therefore deposits from sewers constn 
 by a city cause a peculiar injury to the owners of a wharf or) 
 by preventing or materially interfering with the approach of vJ 
 and the accustomed and lawful use of the wharf or dockj 
 city is liable to the latter ni damages. Franklin Wharl J 
 J'ortlaiul, 24 Am. Rep. 1 ; lirayton v. Fall Jiiver, 18 Am. f 
 470. See also d'ray v. Toum 0/ DnndaH, 11 0. R. 31"; 13 J 
 688. A municip.al corporation passed a by-law for the constnjcli 
 a sewer v/ithout limiting the ptu'pose for which it was to beuje^ 
 subf-'iuently passed another by-law regulating how it might Wtl 
 for drainage purposes, and enacting that no one should drain i 
 without permission from the council first obtained and specifti 
 certain rate of payment for the use of it when so permitted! 
 applicant got no leave from the council or any committee tiieif 
 use the sewer, but several members of the council gave him 1 
 sion to connect some water closets with it on condition of his I 
 whenever called upon whatever was reasonable for the pri 
 Held, tliat the sewer was constructed for general drainage pJ 
 but that the permission given to the applicant didnotbiwlt' 
 oil which could compel him to cut off the connection as he 1 
 
 • obtained their consent to make the same, nor paid the rate 1 
 the by-law, and that the fact of his having enjoyed the priri 
 several years did not place him in any better position than j 
 at tiie first. In re Workman and the Totvn of Limhay, 1 0,1 
 
 • See note to sec. 496, sub-s. 32. 
 
MILK DEALEKS. 
 
 405 
 
 ,„eat poultry, fi^b, or other articles of food ; (c) 47 
 .t 32, 8. 13(1-9, l-^)- 
 
 1 51 For preventing or regulating the buying and selling "iKu'^H^nK 
 I tides or animals exposed for sale or nmrk«'ted, subject ' 
 i ! restrictions contained in sections 497-502 ; 46 V. c. 
 l503(4);47V.c. 32,8.15(1). 
 
 lit For preventing the use of deletovious niateiials in 
 kine liread ; and for jtroviding for the seizuio and forfeiture 
 liread nirtde contrary to the by-law ; 47 V. c. 32, s. 15 (2) 
 V.'c. 18, 8. 503 (13 part). See sec. 479 (21). 
 i3 For appointing inspectors and for providing for the iii'*|)ectionof 
 itionot' milk, meat, j)Oultry, fish and other natural pro-v|lioni! *"°" 
 otl'ered for sale for human food or drink, whether on 
 streets or in public places, or in shops ; 47 V. c, 32, s. 
 Id part). 
 
 Licensing Milk Dealers. 
 
 For licensing and regulating milk v(Madors, and for Licensing 
 Lthe fee to bo paid for such liconso at a sum not to g^- """"^^''''"^ 
 tbro'ie year ; 47 V, c. 32, s. 13 (10 jmrt). 
 
 [Knowingly to expose for sale in public market meat whicli is 
 
 It lor huinan f oo<l is imlictable. A'e;/. v. Sferfiisoii, .3 F. & F. 
 
 jjo knowingly takiiij^ unfit meat to public market for sale. Rcj. 
 
 Vm, /''•> '<^S ! l*"*- b> either event the ku(»\vle(]L;e of the unfit- 
 
 iftlie foDil is essential to the creation of the olfenee. Nnj. v. 
 
 lev, //»., 10"J: the otl'onco is u nuisance against coninion law. 
 
 ir, Tkimpsoii, 1 Q. B. 1). 12 ; each singlo net of expusure of 
 
 imeat isa ilistinct offence. In re llnitl.zii, .31 L. J. M. C. 
 
 [Asalesmiin who sells in a public market meat which is after- 
 
 tiiHiul to be unfit for human food, but which he has no means 
 
 wing 111" reason to suspect was other than good and wholesome 
 
 lisnot liable to an action upon an implied warranty or for money 
 
 1(1 received. Etmiiertonx. Maf thews, 7 H. it N^. £86 ; but a 
 
 [who sends animals destined for human food to a pu])lic market 
 
 ) impliedly represents that they are, so far its he knows, not 
 
 I with any contagious disease dangerous to animal life. Ward 
 
 !/»<, 2 Q. li. i). 3.31. A conditi(Ui of sale that they are 
 
 ["taken with all faults," does not negative or qualify this 
 
 ntation. Ih, It has been held that the city authorities 
 
 nder their general powers to regulate markets, require oysters, 
 
 Lve a great tendency to putrefaction, to be sold at certain 
 
 jtel stands and prevent their being sohl elsewhei'e. Mxniki- 
 
 |. ' V/i?if/, 4 La. An. 335; Moranu v. Mayor, 2 r-a. An. 218. 
 
 uiy meat, poultry, fish or other articles of food become so far 
 
 itobe unwholesome, express power is given here for the 
 
 loi bylaws providing for their seizure and destruction. 
 
40G 
 
 Contagiou* 
 
 dlM>tW8. 
 
 THE MUNICIPAL MANUAL. 
 
 Contagious Diseases. 
 
 [»• 489 5j.Ha m I] 
 
 Kegulating 
 boundarlea 
 of muiii- 
 oipalitloH. 
 
 Aeqiilriiift 
 land outtildc 
 of luunl- 
 • ctpality. 
 
 '"' ^WSS^' 
 
 &' ' "i^BPKi 
 
 L liaStiSi 
 
 * . f iM^j^BP 
 
 ' ^P^H 
 
 r llJi 
 
 55. For making jjiovision for Hupplying blanks f 
 iiotiiication and recording of cases of contagious or infr » 
 disease, for giving public notice of houses M'herein such ""' 
 exist and for taking such measures as by any ActresDe t' 
 tlie Public Health or any other Act, are required to \l n' 
 in that behalf, and such other measures as may be nece J 
 for jueventing the spread of such diseases : (U) 46 V il 
 s. 496 (13); 47 V. c. 32, s. 13 (11). ••^•'* 
 
 Establishing Jioicndaries. 
 
 50. For procuring the necessary estimates, and maW 
 the proper api)lication for ascertaining and establishine 
 boundary lines of the municipality, according to lav im 
 the same has not been done ; and for erecting and nrovid, 
 for the preservation of the durable monuments required 
 be erected for evidencing the same ; (e) 46 V c IS e 
 (38). • • ' • 
 
 Acquiring Land outsidf the limits for Public PumA 
 
 57. For accpiiring and holding, by purchase or otiier 
 for the public use of the municipality, lands situiite oud 
 the limits of such township, city, town or incorpon. 
 village ; but such lands so acquired shall not form mi 
 the munici[)ality of such township, city, town, orincoiW 
 village, but shall continue and remain as of the niiinicip 
 where situate ; and all by-laws passed by townsbii) cou 
 for the purix)8e of acquiring land as provided bv this] 
 section, are hereby declared as legal and binding when 
 by-laws have not been contested or impeached befoii 
 23rd day of April, 1887, as if the lands were withii 
 limits of the municipality the council of which pa& 
 by-law; (/) 
 
 ((/) See Rev. Stat. c. 206, s. 72, el stq. 
 
 (e) Sue note p to sec. 14. See also sec. 491. 
 
 (/) Without express legislative authority municipal council 
 no power to acquire lauds beyond their local limits. See n( 
 sec. 20. The council of every city, town, township or incoij 
 village may fninx by-laws for accepting or purchasmc land r 
 lie cemeteries, as well within as without the muuicipality. J 
 subs. II. AnA cities &xiA. towns m&y panH 6y-/tt«?.s for acquii 
 esviitc in landed property within or without the city ortowi 
 industrial farm or fur a public park, garden, or walk, or fori 
 
[»• 489 55.H& i^O I] 
 
 POUNDS. 
 
 Weighing J/achines. 
 
 407 
 
 
 ,VS For erecting aiul maintaining weiirhin,. 
 
 
 mnges or otiier convenient places /n\ u« i l ^ ^acLznes in Er.cui 
 he nse thereof, not being contrary tXjhuf/i;;^"'^ ^^^' ^^''-tt 
 L' sub-section 8 of section 497 nf f »„• "'"^"""s piovided "•«»>«« 
 p:'5. '" ^^^ > 50 V. c. 29, 
 
 Pounds, (kc. 
 ,J. The council of every townshin mf 
 
 omted village may also pass by-Jaws )uJ* '^"^".""^ incor- By-iawn «,„ 
 ,e Statutes of Canada respeotin/ m'/ ' * I"''""«'«t«nt with »« "'-lo To'T 
 
 „ ..,. *» "*^'v to aninmJy I //\ 
 
 1, For providing sufficient yards and . '''''^^^^)-{h) 
 
 fe keeping of such anin.ds as it Zy Cf^'^'T' ^''' t'>ePro„a,„g 
 bund-kee{«r to impound ; (i) ^ ^"® <Juty of the '*'""*•• 
 
 jr ejliibitions. Sec. 604, siib-s 8 T»i r~~^ ~"~ 
 
 rier this section cannot bo extended. a^Slln^, *''^ 'nunicipahty 
 
 br"*'^ ■■"■*■■■ "**°"'"*i-eUt:;'t„£/5 
 
 Li This sub-sect, is by DO V. c 20 » or 
 
 fceiit section. Jf ft woighinc nmohJ' '*^ ''^Pressly added tr^ f». 
 folity it is prcs„„,ecf tha? CfC th« "'■'"*''' °"*«^S^ «? the 
 p.red under the preceding sub lefion P"'^"'" ^°»J^l '"^ve to 
 i«) .See note q to j-ib-s. 14 of sec. 489, 
 
 , The pound is th 3 custody nf fl.„ I 
 
 ..)305. Theponn,l.kee^^;Ef,,«;^i:- " «% v. G^.^^;,, op. k 
 ight to him, at the peril of th«,""'' ^ ^^^ and keen whnl^""^ 
 ^ token, <A.y (not he) ar« ^^''^°"» ^^o brin J^ff ^"atever is 
 
 Ltthepoun,lLper/£,r'''''f>'«- Heplev^in w.fl "^^T 
 ethe c«ttle are mpnlTtTZ; ^^fT^^ » « I 625 w J'" 
 but replevin brought ac.ai,LtlW"!''^ ^^^P^i" cannot WfK^^" 
 kapartyimpounai,V SlvtV'*"*'''^'"«''rorwi^W 
 .commands the taldntf XV rS* '*^'«"«t '"ni X til °"f "* 
 cts the seizure niav fih K ''*\^'^ ^^o seizes am?K*' °'' ^''» 
 .r is not that^f^, baSiff ""'^- ^"' the s^u^ on oP*^ ^''^^ 
 hwapubHcchrty.tcU;dsar'"\ «« '^ « Tubli: ffi"'^" 
 
 h"'?' ''e « entitled f. '"i? * P^^^^'c officer fl'..?f ' '^■'"''* 
 [13. Denisonv So,^^^^^^^ "°*'"'* «f action un^i;j"S'''''"S'ng a 
 
 declaration, it must h' ^*'''»^'««« v. //e«^; « , ^"''''^ ^• 
 [without reasonable or t T'^/""^' ''^'^t heS^J ^; ,^: 625. 
 Pwat if the pouL T i"°^'able cause. If, rTl ',"*^""""8ly 
 
 )l 
 
 iI'm 
 
 i;. -tv 
 
 
 til 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 1.0 
 
 I.I 
 
 UitM |2.5 
 ■^ IM 12.2 
 
 
 H^ 
 
 
 
 1.25 ||U 1.6 
 
 
 
 
 
 < 
 
 6" 
 
 ► 
 
 Photographic 
 
 Sciences 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. MSSO 
 
 (716) 873-450.1 
 

 
 
 6^ 
 
40c 
 
 Animals 
 
 ruiiiiing at 
 large. 
 
 F 1 » ^ 
 
 'MV i'': 
 
 
 If" 
 
 
 i 
 
 
 THE MUNICIPAL MANUAL. Tg ^qa , 
 
 2. For restraining and regulating the running at laro 
 trespassing of any animals, and providing for "iniijouird" t 
 them ; and for causing them to be sold in case thev a • ^^ 
 claimed within a reasonable time, or in case the dan 
 tines and expenses are not paid according to law • (!) "^* 
 
 "6^5, 
 
 control of the animals impounded, or impounds them m anv th 
 place than prescribed by law. Bills v. Kmion, 1 Fost (\ h 
 448. Breach of a pound and liberating an animal therein contini' 
 was held to bo no violation of a law prohibiting "any persuu f 
 opposing or interrupting any city officer in the execution of T 
 ordinances of the city." Mayor, ttc, v. Ow6w(/, 22 Geo. 6" ^ 
 a,ho the Act respecti7ig Pounds, Rev. Stat. c. 215. See furtliertr 
 following note. ^ 
 
 ( j ) This sub-section applies in terms to all animals. See note n t 
 sub-s. 14 of sec. 489. As to dogs, special provision is made fur the " 
 destruction when running at large. See sec. 489, sub-s. 15, and not! 
 thereto. The evils to be apprehended from cattle, swine, or poiiltr 
 running at largo are mere injuries to private property ,' and to t*^"^ 
 neatness and good order of tlae city or town. It would not be reusn^ 
 able to allow the destruction of valuable domestic animals in orde 
 to prevent the risk of such injuries. Impounding till the damage 'n 
 paid, is the natural remedy, which the common law' has sanctiuneJ 
 from an early period for an injury to private property ; and tinetipoa 
 the owner seems to answer all the purposes of preventimr the publif 
 nuisance. Nevertheless, the Legislature may sanction the more 
 vigorous course of allowing a forfeiture and sale of the animal, /',■ 
 i'obinson, C. J., in McKe.iizie v. Vamphell, 1 U. C. Q. P.. 250. Bi' 
 the power will not be held to exist unless plainly conferred. Ste 
 JJilliiH on Municipal Corporsitions, 3rd ed, sees. 150,348, It i< 
 in the power of the corpoiation to enforce the provision.? of thek- 
 law by the imposition of a fine on the owners of the animals ninniii!' 
 at lar^'e. See Smith v. Riordcn, 5 U. 0. Q. B. 0. S. 647. Iktiftl* 
 power liad been restricted to the imposition of tines, that would niit 
 have given the power to impound, forfeit or sell. Mikuv. Clmmhn: 
 lain, 17 Wis. 44fi; Heisev. Town Council, G Rich. (S C. ) 404 ; JM/i. 
 V. Ya'dle, 3 Ala. 137 ; White v. Tallman, 2 Dutch (N.J.) 67, Tie 
 power to impound and sell, should before it can be legally exercised, 
 l)e as it is in this section expressly given. Cotter v. Doty, 5 (Jiie' 
 394; Kennedy y. Sowden, 1 McMull. (S.C.) 328: but see Crnkv. 
 Warren, 1 Rich. (S.C.) 385 ; McKee v. Mclcee, 8 B. Mon. (Ky.) ffl 
 The by-law should provide for notice, either actual or constriictivf, 
 prior to the sale. See Dillon on Municipal Corporations, 3rd ed. sees. 
 348-351. The powers of sale conferred by the by-law, whatever tliev| 
 may be, should l)e strictlyjfoUowed by all concerned in' the sale, r/aiii] 
 v. Lewis, 35 111. 417 ; Hounds v. Stetson, 45 Maine, 59G : Gilinorn 
 Holt, 4 Pick. (Mass. ) 258 ; lionnds v. Mamjkkl, 38 Maiue, -iSC^ 
 Thus a sale made only twenty minutes before the expiration of tli 
 time required by law was held illegal. Smith v. Oaten, 21 PicI 
 (Mass.) 55. Abridgement for any period of the required noti( 
 avoids the sale. Clark v. Lewis, ,35 111. 417. Held also thatactti 
 knowledge by the owner of the beasts of the impounding thereol 
 
s, 490 2.] 
 
 POUNDS. 
 
 was not equivalent to the writtpn r.^*-^ ~ ~ 
 
 Coffin V. Field, 7 Cush.(M^s.)3.>5 & J"hT\'^ ^^ * statute 
 pound keeper, may be held to have foSi ^T •*« » %al sale th« 
 statute. 6-ar<jea7U v. Allen, 29 U C O B ^J'^ Protection of th^ 
 
 that a master is liable for the acts of his fLf- ^* ^^' been Lid 
 cattle in his absence the servant acH.,^,. -fu^ ^^''vant in imDonn^i 
 
 uiuu a, uiaoi/oi is iiaoie lor the acts of hia f 
 
 top™ ag»iml two deteUnt'f!. .ili '^- «.- * J. Dig. 2806 l„ 
 
 11,^. -j/juj/uiu V. nuooce, K. T 7 Will rir t^ """^opeof hiaanfi.^' 
 trespass against two defendants'for ai,V ^^- ^- * J- W 28fifi T 
 feiKlant justified as pound keener .!,''u"^ *"d taking cattJp' i' 
 close of A w^ngfuVtisSg^^ be- ^he ca^Ke^Ttt 
 
 aud corn therein, A took the said fatt^e and fr ^^'^ mating "ass 
 defendant as a pound-keeper withir M» f • ^l^^ivered them inti 
 
 dant impounded and after^^arSS theSTj''^'-'''' ^"^ the defeS' 
 otlier defendant justified the seizure and Th''^'?« *« ^^^ i and th; 
 keeper, as in the other plea an.? tl.l* *u , "^ sale by tb^ Z . 
 tie as the highest bidder rio bo h of wt' ,^'^^^"dant ZghttSeTl' 
 demurrer. Held, that the nlpa h,, ^[^^'c^ Pleas there wa« \ ^*'' 
 did not show that he reSd thi^ '^'.P ""'^'^eeper wna/'"'''^^' 
 ,/;m/o;^ or that the close Z?»-'® ^"""^ » Person -7/ • ^^ '<^ 
 chaser was good, as hfcoulTny f "1"' ,^"^ that th^e Sea Tt'" '"^ 
 trespass, ^r^; v. i^^^ "^'^^^ ^eld liable to ttMSilT 
 i?orfev J/o.ey,36U. C. Q B 54^ 3 Vict. R. & j g^'^f '« 
 a pound-kee])er for taking a n,-„ ,. ^" * plea of mstiftn^l- ^T ' 
 ;l.epig. contraij to towi^ '^ f ' ^^f" the J»«tificSn w Hha? 
 fence, it was held nefpssat.,, 4- ^ '^'^"'ations, broke <-fi,.^,., i , '"^t 
 township, and to heTth/ r I ^"'^" *'^^' the fence t?.t^tJavv-ful 
 , the timi Care/7 Tat au "n^!^^ "'e pi? wal tre^*^'^ ^^^^ 
 enacting that certain antn',lf ^^ -S' Q- ^- O % TJ T^f'^S ^xt 
 not impliedly allow Jth™ T''^''^"'' ^^^^11 not r«„ Iv / "^y-I'i"^ 
 common law. jZ v n . "•'^ "^'"ed to do so "« J *''^^' ^^^s 
 
 bions of animals shoufd 11 JtbLir''*f *^^* ''"t^Z^mJ'f'-' ^* 
 
 or fixing the height of/ences ir''^, *? "'^ ^t large i^f,'^, ^''?VP- 
 
 jnto the lands of the defpnl V {^^ Plaintifl's cattlf L " P^'^^'Wed 
 
 'eight, it was hel thifas tZ^^^°'e ^^"^e« ^ere lofc 0?!!"^' strayed 
 
 ie,^e cattle to run at KrL ,, ^f^'' ^'^ »«* affirmatrv "" '^'^"''•^d 
 
 !", c, 195 (now Bev S ' *^^e plaintiff was IkK !^^ authorize 
 
 'ei.eight ofVlef;X;,;^tncV^'/.^"^«P-«'e otX ; - "^ ^•' 
 hy-iaw restraining all animLi f ^"'""' ""■ ^terper djlnT^ *« *<> 
 / unreasonable a„c! L STn Ih^'" '"""'"^ ^t al^^;,S ^^ ^^ «7- 
 ''O'^a, 6" 0. R. 573 SWn P?'^^'"^ ^^Fe given irfA^^^'^^''- 
 e consent of the o;vner ttr^ F^T.^ "PO" an onen f ''"""y «»^ 
 enuvitha view to dri *?': "h ^"'^^'^''^ed by .7b" TT'^ ^^th 
 Mtmi V. Hn,ru !inV3^^ boine are nnf . ^ "' ''barge of 
 
 ^n damage fSnt'ia-h'^s wh" .^^^^r^^'^tTeLe'd'S^ f*-^-^- 
 
 771. giving a s 
 
 l^'ug no claim t^" •'"*'"'= of 
 
 ■ ^ J*"" ^or injurv to 
 
 lad been nK„.r_i -^ '? 
 
 'wund-keeper, turned ?hp.» 1 ^** ^^Id, but beinl , jP^aintiff's 
 ^goftLsameX tff T%"^^'-theplaiS^^^ *« fi"d 
 
 "age to his ineadowi'nd ^ *^"^^»dant again seSd fV'"*^'. ^^'^ the 
 claim for damirfl.?'"JP''»»ded tlfem^tlf *^''''" ^"r doin^ 
 
 headow/H fftht^h' "T^^^*' b«t mSg^r^if -^ ^tatemennf 
 
 409- 
 
410 
 
 THE MUNICIPAL MANUAL. 
 
 Appraising 
 thedamai^es. 
 
 Compensa- 
 tion with 
 respect to 
 impoundiug 
 animals. 
 
 I 
 
 II 
 
 n 
 
 
 fii 
 
 MH^^^ 
 
 |.i 
 
 ill 
 
 
 1 ;; 
 
 'p 
 
 
 1 \ 
 
 \mm 
 
 1^1 
 
 il 
 
 *si&.«^ 
 
 [«• 490 3. 
 
 3. For appraising the damages (k) to be paid by tlie owner 
 of animals impounded for tresjiassiug contrary to tlie laws f 
 Ontario or of the municipality ; '^ 
 
 4. For detex-mining the compensation to be allowed f 
 services rendered in carrying out the provision.s of any Act I \ 
 with respect to animals impounded or distrained and detain ) 
 in the possession of the distrainer. 46 V. c. 18, s. 492 S' 
 also Rev. Stat. c. 215. 
 
 lacing land- 491 — (1) In case the council of any townsluo citv fn, 
 monuments Or incorporated Village adopts a resolution on the application 
 
 or marlcing . ______' " 
 
 Held, that the defendant and the pound-keeper were both liiM 
 Buist V. McCombe, 8 A. R. 598. *' 
 
 (k) An action of trespass will lie by the owner of a farm intowhi li 
 a neighbour's pigs may break, enter anti do damage against th 
 owner of the pigs, unless he can excuse the act for defect of fenr ^ 
 or upon some other ground that ought to be specially pleade? 
 Blackloch v. Millikan, 3 U. C. C. P. 34. So trespass is maiutaiiiabl 
 against the owner of a bull which broke into the plaintiif 'g farm and 
 there killed his mare, though the owner of the bull was not present 
 at the time or aware of the fact. Maaon v. Mortjun, 24 U. 0. B 
 328. If a horse, through the neglect of the owner in not keepimJluJ 
 fences properly repaired, stray out of the field in whicli it is feeiiiutr 
 into the field of an adjoining proprietor, and there get amoiu' ht 
 horses and kick one in such a way as to cause his death, such owner 
 is liable in trespass for the injury which his horse has done. U^ y 
 Riby, 18 C. B. N. S. 722. So where defendant's horse iuiuK,] 
 plaintiff's mare, by biting and kicking her through the fence separ- 
 ating the plaintiff's land from the defendant's. Ellis v. Loftm Jm 
 Vo., L. R. 10 C. P. 10. Whether at common law the owner of a 
 dog is answerable in trespass for every unauthorized entry of the 
 animal into the land of another, as in the case of pigs, an ox, or a 
 horse, is doubtful. Read v. Edivards, 17 0. B. N. S.245. An'action 
 on the case lies against one who keeps a mischievous anima'. of any 
 kind in respect of any damage done by such animal, where it can be 
 shown that the owner knew of the mischievous propensity of tie 
 animal. Thomas v. Morgan, 2 0. M. & II. 49(5 ; Card v. CVwe, 5 C 
 B. 622 ; May v. Burdett, 9 Q. B. 101. See further, Applebee v. Pmu 
 L. R. 9 C. P. 647 ; Ward v. Brown, 16 Am. 561. If the owuer, npoi 
 being told of the mischief done, offers ti' settle, this is some evidence 
 of his knowledge that the animal was miscliievous. Thomm v 
 Morgan, 2 C. M. &. R. 496 ; Masoji v. Morgan, 24 U. C. Q.B. 32S. 
 In New Hampshire, if animals are found "doing damage," they 
 may be impounded, and appraisers are to ascertain "whether any 
 damage was done. " Held, that the statute contemplated actual and 
 not merely nominal damages tc justify impounding. Osgood v, Gna 
 33 N. H. 318. 
 
 (a) The compensation maybe for services rendered with respectto 
 animals impounded or distrained, and detained in the possession of 
 the distrainer. See Da7'gan v. Davies, 2Q. B. D. 118. 
 
ESTABLISHING BOUNDARIES. 
 
 411 
 
 s. 491 2.] 
 
 of one-half of the resident landholders to be affected thereby, ^'}'^^^^^'' 
 upon its own motion, that it is expedient to place durable sions, lots, 
 monuments at the front or rear of any concession or range *'"• 
 or part thereof in the municipality, or at the front or rear 
 angles of the lots therein, (b) the council may apply to the ' 
 Lieutenant-Governor, in the manner provided for in sections 
 38 39 and 40 of The Act respecting Land Surveyors mid the^l^^'^^ll^o. 
 Survey of Lands, praying him to cause a survey of such con- 
 cession or range, or such part thereof, to be made, and such 
 mouuuients to be placed under the authority of the Commis- » 
 sioner of Crown Lands, (c) 
 
 (2) The person or persons making the survey shall accoi'd- Cost ot 
 ingly plant stones or other durable monuments at the front * 
 or at the rear of such concession or range, or such part thei-eof 
 as aforesaid, or at the front and rear angles of every lot 
 therein (as the case may be), and the limits of each lot so 
 ascertained and marked shall be the true limits thereof; (c) 
 and the costs of the survey shall be defrayed in the manner 
 m-escribed by the said stsitute. (d) 46 V. c. 18, s. 491. 
 
 {h) In the absence of such an application and such a resolution 
 as tlie statute requires to authorize an application to the Governor, 
 the survey would be held unauthorized; Cooper v. Wellbanks, 14 
 U. 0. 0. P. 364. Where it was shewn that the application was made, 
 not by one-half -of the resident land-holders to be affected by the sur- 
 vey, but by ten free-holders, over half of whom had no deeds for their 
 lands, and that eleven or twelve freeholders who would be affected 
 by the survey were not parties to the application, the survey was 
 held to be unauthorized. Jb. See further, JRe(j. v. McGregor, 19 
 U. C. 0. P. 69 ; Boley v. McLean, 41 U. C. Q. B, 260. 
 
 (r) If the survey proceed otherwise than directed by the statute' 
 the survey will be unauthorized. Tanner v. Bissell, 21 U. C. Q. B' 
 553; Boley v. McLean, 41 U. C. Q. B. 260. 
 
 (d) All expenses incurred in performing any survey or placing any 
 
 monument or boundary under the provisions of the Rev. Stat. c. 152 
 
 must be paid to the person or persons employed in such survey, on 
 
 the certificate and order of the Commissioner of Crown lands. Sec. 
 
 40. The council shall cause to be laid before them an estimate of 
 
 the sum requisite to defray the expenses to be incurred, in order 
 
 that the same may be levied on the proprietors of the land in propor- 
 
 [ition to the quantity of land held by them respectively in such 
 
 ^concession, in the same manner as any sum required for any other 
 
 purposes authorized by law may be levied, [b. sec. 38, sub-sec. 5. 
 
 A by-law to levy the amount " from the patented and leased lands " 
 
 . is bad. In re, Scott and Peterborough, 25 U. C. Q. B. 453 ; //i re 
 
 [Scott and Harvey, 26 U. 0. Q. B. 32; In re Scott and Peterborough, 
 
 iJb. 36 ; Peterborough v. Smith, lb. 40. 
 
iilfiL .« 
 
 -•am 
 
 11 
 
 m 
 
 1 
 
 tt i 
 
 H| 
 
 1 
 
 1m' ■ - 
 
 pI^P 
 
 H 
 
 m '^ 
 
 '-»-l 
 
 H 
 
 I mBi ' 
 
 ■' jHji?-'' 
 
 SF 
 
 Wk' 1: 
 
 VMl 
 
 if^ 
 
 v^m ^- \ 
 
 ^Xwl 
 
 aif 
 
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 Ml 
 
 p 
 
 fMm i 
 
 Hi 
 
 K" 
 
 
 412 
 
 Extenoioo of 
 sewers inter 
 mdjoinint; 
 municiiial- 
 
 ty. 
 
 ! 
 
 THE MUNICIPAL MANUAL. fg ^g, 
 
 Extension of Sewers. 
 
 492.— (1) In case any to«rnship, city, town, or incor 
 porated village shall be so situated that, in the constni \' 
 of any sewer therein, it becomes necessary, in order to ^^ 
 cure an outlet therefor, to extend the same into cw +i„ *! 
 a contiguous municipality, such township, city town ' 
 incorporated village so situated, shall be permitted and l' °' 
 power, subject as hereinafter provided, to so extend s 1^ 
 sewer into or througli such contiguous munici|)alitv 1 
 shall be permitted and have power to unite and connect tJ 
 same to any already existing sewer or sewers of such c ^ 
 tiguous municipality, upon such terms and conditions as sli 11 
 be agreed upon between the respective municipalities and " 
 case of a difference, then u[)on such terms and conditions 
 shall be determined by arbitration, under the provisions f 
 this Act in that behalf. 
 
 Rev. Stat. 
 220. 
 
 (2) In any case where the council of any municipality shall 
 object to allow an adjoining municipality to connect a sew 
 with any existing sewer or extend a sewer through its ten' 
 tory, as above ])rovided, then and in every such case tli 
 arbitrators shall not only determine the terms and condition 
 upon which the connection or extension shall be allowed tobp 
 made \ but also whether the connection or extension should 
 under the circumstances, be permitted or allowed to be made' 
 but nothing in this section contained shall authorize tlie mak- 
 ing of an open drain or sewer, nor shall anytbint' Jierein 
 affect the provisions of The Ditches mid Water-courses Act 
 
 (3) Nothing in this section contained shall he construed 
 !is limiting or abridging any of the powers conferrred on 
 township councils by this Act. 48 V. c. 39, s. 3y (4). 
 
 [For j)owers of Cities, l^ownships, I'owns and Villages m 
 to Lock-up Houses, see sees. 458, 459 ; and as to Tavern and 
 Shoj) Licenses, see Rev. Stat. c. 194. 
 
 Division III.- 
 
 -PowEEs OF Councils of Townships, Cities 
 AND Towns. 
 
 Respecting Plumbers. Sec. 493 (1). 
 
 " Accidents by fire. Sec. 493 (2). 
 
 493. The council of every township, city,|and town i 
 pass by-laws — 
 
494.] 
 
 HORSE THIEVES. 
 
 Plumbers. 
 
 413 
 
 I'lumbenu 
 
 1 For licensing and regulating plumbers ; 
 
 Prevention of Accident by Fire. 
 
 2 For making better provision for securing the inmates ^ceident. bj 
 and employees in all factories, hotels, boarding and lodging fire. 
 
 houses warfihouses, theatres, music halls, ojjera houses and 
 tlier public buildings and places of amusement, against acci- 
 j lit by tire, and providing for the adoption and erection of 
 nlwr tire escapes upon all such buildings more than two 
 Ses in height. (/) 49 V. c. 37, s. 37; 50 V. c. 29, s. 48. 
 
 Division IV.— Powers of Councils of Counties and Cities. 
 
 Uorse Thieves. Sec. 494. 
 
 494 The council of every county or city shall provide by Reward for 
 bv.law,(^) that a sum not less than $20 shall be payable as a^Jp^J^f ° 
 reward to any person or persons who shall pursue and appre- 8u»ty of 
 hend or cause to be apprehended, any person or persons stealing. 
 (fuilty of stealing any horse or mare within the said county 
 or city, (h) and such reward shall be paid out of the funds of 
 
 if) See also the Act for the Prevention of Accidents hy Fire in 
 HoteUaml other Public Btiildiwjs, 51 Vict. c. 34. 
 
 ((/) The use of the word "shall" seems to make it imperative on 
 
 , the council to pass the by-law. 
 
 (h) One of the objects of municipal government is the protection 
 [•Di property. In furtherance of this object, it has been held in some 
 E'cf the United States that a municipal corporation may offer a 
 J reward for the detection of offenders against the property of another. 
 iThus in cases of arson. York v. Forscht, 23 Pa, St. 391 ; Crawshaio 
 ]v, Roxbury, 7 Gray (Mass.) 374. But in other States the power to 
 [offer rewards for the detection of criminals, in the absence of express 
 jlegislation has been denied. Hawk v. Marion Co., 48 Iowa 472; 
 tpate V. South Benoick, 51 Me. 174 ; see also Lee v. Flemingsburg, 7 
 ll)ana(Ky.) 28. The offer may be revoked at any time before its 
 [terms have been complied with. Shuey v. United Statex, 92 U. S. 
 73, In this Province express legislative sanction is necessary to 
 the exercise of the power. Cornioall v. West Nissouri, 25 U. 0. 
 p. P. 9. See now sec. 481. The power in this section is restricted ' 
 
 rewards for the pursuit and apprehension of a person or persons 
 lilty of stealing any horse or mare within the county, or city. 
 he reward is not to be *' lexs than $20." This 's the minimum ; so 
 |e council may make the reward as much more as they think rea- 
 "le. The reward is to be payable to the person "who shall 
 
414 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 494 
 
 the corporation on the conviction of the thief, on tli 
 of the Judge before whom the conviction is obtainprl /•? 
 V. c. 18, 8. 494. ^'> ^^5 
 
 pm'sue and apprehend, " or cause "to be appreliended " th • 
 
 guilty 
 
 person. It isonly to be paid on conviction of the tliief an 1 
 
 r 
 
 ice 
 
 but he afterwards sold the horse in the county of Watf "i-lnr^"^ i^ , 
 „.„„ „„i.„,i t i.„„i:„., u „,„! :„*,.,i . •'rr ,, ."^'"O' Where ht 
 
 order of the Judge before whom the conviction was obt'iiiie 1 
 prisoner hired a horse in the county of ^York to go to two iil • 
 that county. It was not shewn whether he had been at tliose T" '" 
 
 was arrested for stealing it and convicted : 
 for his a] ' ' 
 
 c u- u • - 11 I *i ?'''''^' *hatthe rewanl 
 
 for his apprehension was payable by the county of W-itorlfin 
 
 / r. n. z^y. Any person performing tho'Vervi'ce ^'1!' 
 without such reward, is not bound to perform the service n'l 
 himself in the position described l)y tlie statute, may sue u"r 
 ■ If it were the duty of_ tlie per«(.n whoT 
 
 P. R. 239. 
 
 amount of the reward. 
 
 the arrest to have pursued and arrested him without any rewa I ' 
 cannot recover, for, so far as he is concerned, the promise is w[fi ' 
 any consideration. See Stotexhnry v, Smith, 2 Burr. 924 • Av //'''* 
 Myrick, 2 Camp. 317 ; Harrix v. Wataon, Peake 72 ; Bridic'v h 
 Cro. Jac. 103. It has therefore lieen held that a watcliinan 1 ' 
 while in the discharge of his duty as such, discovers a person in tl 
 act of committing the crime of arson, cannot recover the 
 offered. Poolw Boston, 5 Cush. (Mass.) 219; Gilmorev. In^' ], 
 Ohio 281 ; Means v. Handen^hott, 24 Iowa 78. But where three" 
 sons broke gaol, and immediately after their escape the defendfl 
 who was sheriff, offered a general reward of .$100 for the captnr 
 each prisoner, it was held that the deputy sheriff having succeed 
 in capturing two of the fugitives, was entitled to §200. Z»«m' 
 Munson, 43 Vt. 677. " Upon the facts as detailed, the plaintiffli 
 
 i'lirJ 
 
 authority to arrest these prisoners without process and as a 
 officer. It M'ould, in a general sense, have been his duty toil 
 
 m 
 
 they had been pointed out to him under circumstances to assure hi 
 of their identity and to lead him to apprehend reasonable danger 
 losing them if he waited for process. But the fact that he hadtl 
 authority and was under this general duty did not put him havi 
 no process in hand, under any specific legal obligation to lookthi 
 up ... . The plaintiff, being under no specific official obi 
 tion to enter upon the detective service, for which he would 
 legally be entitled to pay from the State, he is clearly a person 
 might engage in it in reliance upon the offer of this reward " 
 Per Steele J. lb. 
 
 {{) The obligation to pay is conditional — (1) On conviction of J 
 thief ; (2) On the order of the Judge before whom the convictioj 
 obtained. The plaintiff" must in general ijrove performance acci 
 ing to the terms of the advertisement. See Nevilk v. Ktfk 
 
 B. N". S. 740 ; Smith v. Moore, 1 C. B. 438 ; Thatcher v. Ewjd 
 
 C. B. 254; England v. Davidson, 11 A. & E. 856; Lawaii 
 Walsh, 4 M. & W. 16 ; Fallick v. Barber, 1 M. &. S. 108; lli| 
 V. Carivardine, 4 B. & Ad. 621 ; learner v. Walker, L. K, 1 
 641 ; L. R. 2 Q. B. 301 ; see further Janvrin v. Exeter, 48 X. 1 
 Godding v. Mansjield, 7 Gray (Mass.) 272; Auditor \. Balkii 
 Am. 728. 
 
 mi.] 
 
 Divi.srox ^ 
 
 Respectinr/ E 
 
 a 
 
 « 
 li 
 
 A I 
 Uo 
 
 Fei 
 Hii 
 Suj. 
 
 Eiiu 
 Pub 
 Juni 
 
 495. TJie coii 
 ima. tlie count' 
 for the foJIowiii^ 
 
 Enginee 
 
 I. For appoini 
 [more engineers, 
 (liouse of industf 
 land other in.stitut 
 [ancl foi- the renio\ 
 
 i ForJicensinr 
 IiikI other pei-sons" 
 nei'chandise or eff 
 
 j 01 While it is be 
 Joirer to appoint sucJ 
 Inires, tlie implied 
 tercised. See note 
 
 \M Power to regiu 
 
 livolves the power to 
 
 J to create a tax or a 
 
 [person licensed by 
 
 fade or business, is i 
 
 joii.so as to render 
 
 Wnmlrin, 3 Peters ( 
 
 fenn.) 162. The era 
 
 |e exercise of a judic: 
 
 ) In order to a sale 
 17, there must be an 
 
AUCTIONEERS. 
 
 4 ID. 
 
 ) ovilcv 
 
 (i) 4i; 
 
 lie guilty 
 All ontl\e 
 led. Tlw 
 I places in 
 )se places, 
 i, where lit 
 he re\vat(l 
 loo. In !► 
 vvice, \\h) 
 .ce, placiiii; 
 
 lonvictionoij 
 Itlie convictioj 
 lormance act 
 le V. A'elly, II 
 le)' V. Ewjm 
 \o ; LoMaii 
 
 108; 
 lr,L. Ill; 
 
 or V. fiailarf 
 
 g.495 2.] 
 
 n„.iiTnv V. —Powers of Corvoir.s of Counties, Cities and* 
 P'^" Sepabated Towns. 
 
 D ^^tlnn Eiioineers, Inspectora, Gaol Surgeons, etc. Sec. 
 &''¥'"' J 495(1). 
 
 (1 Auctioneers. Sec. 495 (2). 
 
 i( Ilaiokers and Pedlars. Sec. 495 (3). 
 
 .< /'«>vveif. .S'ec. 495 (4). 
 
 <i //i(/A Schools. Sec. 495 (5, 6). 
 
 « Support of Pupils at High Schools, Toronto Uni- 
 versiti/ and U. C. College. Sec. 495 (7, 8). 
 
 11 Endoionient of Fellowships. Sec. 495 (9). 
 Public Fairs. Sec. 495 (10). 
 
 « Junk Stores. ;S'ec. 495 (11). 
 
 495. The council of any county, city and town sepavaterl By-laws may 
 ifroiii the county for municipal puri)ose,s, may pass by-Jaws for-* * 
 , for the following pui-poses: . 
 
 Engineers — Inspectors — Gaol Surgeons, etc, 
 
 1 For aoDointinj?, in addition to other officers, (/) one or AppointioK 
 I more engineers, and also one or more inspectors or the inspectors, 
 house of industry ; also one or more surgeons of the gaol '^^^^^'';^^ 
 land other institutions under the charge of the municipality ; 
 land for the removal of such officers ; 
 
 Auctioneers. 
 
 2. For licensing, regulating, {k) and governing auctioneers Licensing, 
 ^nd other persons selling or putting up for sale goods, wares, tloneeM^T 
 nerchiiiidise or effects by public auction ; ( I) and for fixing 
 
 While it is believed that at common law corporations have 
 jower to appoint such officers as the nature of their constitution re- 
 Inires, the implied power, if existing at all, should be sparingly 
 sercised. See note r to sec. 243, and notes to sec. 479 (2). 
 
 (i) Power to regulate the conduct of particular trades or callings 
 ivoh'eathe power to license, but this power must not be so exercised 
 to create a tax or a monopoly. See note / to sub-s. 8 of sec. 489. 
 person licensed by a city corporation to carry on any particular 
 ■ or business, is in no sense the agent or servant of the corpora- 
 jn, so as to render the latter responsible for his acts. Fowle v. 
 kxamlrk, 3 Peters (U. S.) 398 ; but see Cole v, Nashville, 4 Sneed. 
 (enn.) 162. The granting or refusing of a license is substantially 
 Je exercise of a judicial function. Duke v. Borne, 20 Ga. 635. 
 
 In order to a sale by auction, within Eng, Stat. 50 Geo, III, c. 41, 
 [l, there must be an outcry, &c. See Alleti v. Sparkhall, 1 B. & Al. 
 

 416 
 
 i 
 
 THE MUNICIPAL MANUAL. 
 
 [n. 495 2. 
 
 Ilawkera, 
 petty ohap- 
 men, etc. 
 
 the sum to be paid for every such license, and tin ♦• 
 8hall be in force; (m) 46 V. c. 18, a. 495 (1, o). '"' '' 
 
 Ilawkera and Pedlnra. 
 
 3. For licensing, regulating and governing liawkeis 
 petty chapmen, (n) and othnr persons currying on iicttv \ ■ i'"^ 
 
 ^^ llOllScs 
 
 any g(,o(|s' 
 
 or who go from place to place or to other men 
 on foot, or with any animal bearing or drawinc 
 
 wares or merchandise for sale, or in or with 
 vessel or other craft, or otherwise carrying 'roods 
 
 merchandise for sale, (o) and for fixing the sum to be 
 
 ""y I'oiit, 
 
 ^vares or 
 
 paid 
 
 100. 
 
 A city council may prevent sales by atiction 
 streets of the city. While v. Kent, 11 Ohio St. .WO- gyo .,u ^'r:'"' 
 V. Mobile, 30 Ala. 540. There is no power under this proyj "" 
 recjuire a license for the right to sell lands by auction w"" '" 
 Chapman, 1 O. R. 582. " ■!• '• 
 
 (m) Apparently no limit is given to the amount that may be ev 
 for the payment of the license, but it must be reasonable. S ■ 
 
 w to sub-8. 17 of sec. 479. 
 
 <30U 
 
 {n) The term " petty chapman " is not in common use in th 
 luntry. In the Imperial Dictionary it is said that in modern t * 
 *„ means •' more specifically a hawker or one who travels to sellth"" ' 
 a pedlar, one who keeps a stall or^booth." As the term pedlar i'"^ ' 
 used in this sub-section, but only in the heading it is probable that t^ 
 term petty chapman is here synonymous with pedlar. 
 
 (o) An enactment of this kind is constitutional. See Speer v n 
 Commonwealth, 14 Am. 164; Morrill v. Slate, 20 Am. 12 n 
 license is personal and does not qualify a servant or atfeut in hpU 
 In re Ford v. McArthur, 37 U. C. Q. B. 542. A single act of sS' 
 does not make a man a hawker, so as to require a license. Htr ? 
 
 that he should go to more towns than one aud there seli ffmd' 
 Manson v. Hope, 6 L. T. N. S. 32G ; 2 B. & S. 498. A person Tot 
 having goods with him, but merely going about to solicit orders for 
 goods, to be suppUed from and by his master, was held not to be a 
 hawker. Rex v. McKnight, 10 B. & O. 734 ; see also Eug, Stat 21 i 
 & 25 Vict. c. 21. A traveller for a tea dealer carried samples witl 
 him from house to house and took orders which he forwarded to \m 
 employer who sent the tea to him. The defendant then got thetae 
 which had been forwarded in packages and delivered it to his ens. 
 tomers receiving the price on delivery. On this evidence he waj I 
 convicted of selling tea as a pedlar ivithout a license contrary to a 
 by-law which prohibited " hawkers or petty chapmen and other 
 persons carrying on petty trades" in the manner pointed out h^\ 
 V. c. 18, sec. 495 (3) (same as first part of this sub-section). Held 
 that defendant was not a "hawker" nor was the word pedlar r' ' 
 
HAWKERS AND PEDLARH. 
 
 ,, m 3.] 
 
 license for exercising such calling within the county, 
 r town, and the time the license shall be in force: (p) 
 
 I case of counties, for providing at the discretion of the 
 
 " •] either the treasurer or clerk of the county, or the 
 
 TTo'f ft"y in""'<'iP'*l^*^y within the county, witli licenses, 
 
 ! I . i^uj the previous sub-section mentioned, for sale to 
 
 '"' ties applyi"}? ^^^ *'^'® ^""^® under sucli regulations as may 
 'Cpres"ibedin8uchby-kws: (q) 
 
 provided always that no such license shall be required for p^o^igo. 
 
 , Act ami if he was a ' ' petty chapman or person carrying 
 
 ftv trade" the conviction couUl not bo supported for he 
 
 not "carrying goods for sale." Jit'<j. v. Contts, 5 O. R. 644. 
 
 417 
 
 ba a 
 
 , ^,^ however, clause (a) of this sub-section.) A municipality 
 
 *'' uass a by-law prohibiting unlicensed traders from sending 
 
 "t Meats to take orders from private ijcrsons for goods and sub- 
 
 tlv delivering the goods, /h. A cabinetmaker residing at 
 
 : ater and having a shop there, who sent goods to a place called 
 
 hbv (le-la-Zouch in a cart, which "he accompanied on foot part of 
 
 wav and then went to Ashby-de-la-Zouch by the mail, where he 
 
 I'ovell an auctioneer for the sale of the goods, was held to be a 
 
 11^ person travellinc from town to town, within the statute 50 
 
 HI c 41, 8. 7. Aaoi Mij Onieral v. Woolhouse, 1 Y. & J. 463; 
 
 tili^Attorney-Oeneral v. Tomjiie, 12 Trice 51. Twelve ladies, of 
 
 loin respondent was one, having purchased materials and made 
 
 I up into articles of wearing apparel, each in turn for one month 
 rrieil these articles about, in a basket called a missionary basket, 
 
 1 house to house for sale. The ladies did not find the money to 
 tfchase the materials, but the money derived from the sales was 
 blied towards the purchase, and the profits of the sale were devoted 
 
 II village school and religious purposes. Held, that respondent did 
 1 coiiie within the definition of a pedlar, as used in section 3 of 
 iPeillars' Act of 187 L Greuif v. Smith, L. R. 8 Q. B. 302. See fur- 
 
 Howard v. Lufiton, L. R. 10 Q. B. 598. It was held necessary 
 Justify an arrest under our old Hawkers and Pedlars' Act, 58 
 I. Ill c. 5, for peddling without a license, that the person should 
 bund trading at the time of the arrest. See Oriatt v. Bell, I U. 
 I B. 18. It was also held necessary to the validity of a convic- 
 I for peddling goods without a license, that the description of 
 Ib should be specified in the conviction. Hex v. Sdway, 2 Chit. 
 "!2; Rex v. Sniith, 3 Burr. 1475. To entitle a party to exemption 
 penalties on tlie ground that the place where the hawker 
 jed his wares for sale was a public market, it must be shewn 
 I it was a legally established market, and not merely a market 
 kfo. Benjamin v. Amlreivs, 5 C. B. N. S. 299; see further, 
 jl's Justice, Title, "Hawkers and Pedlars." 
 
 I See note m to sub-s. 2 of this section. 
 
 ■ Money exacted for an illegal license may be recovered back in 
 ition for money had and received. Lincoln v. Worcester, 8 
 
 i' (Mass.) 55. 
 
 53 
 
418 
 
 Mil ;. in. ' 
 
 Proviso. 
 
 
 InUM'protn- 
 tlou •' Haw- 
 kers." 
 
 9-, 
 
 1 -'I 
 
 [«• 495 3 
 
 THE MUNICIPAL MANUAL. 
 
 hawking, pedtUing or selling from any vehiclo or otlm 
 voyiinco any goods, wares or njorchandise to any rot,ii| ([ T 
 or for hawking or peddling any goods, wares or iiiereh! i'"' 
 the growth, |)roduo(5 or inanufaetiire of this Pioyi !" "^ 
 being liquors within the meaning of the law re" '^^ 
 
 lint 
 
 or I 
 
 taverns or tavern licenses, if the same are beiii" hawl 1 
 peddled by the manufacturer or jjroducer of^Hucl *' 
 wares or inorchaiidiso, or by his bona Jido, servants '' 
 ployees having written authority in that bolmlf- ,„„[ ' "f 
 servant or eniploycje shall produce and e.\hiljit his T 
 authority when recpiired so to do by any muiiioJiHii or ' 
 
 And provide! also that nothing herein contained si, I 
 affect the powers of any council to pass by-laws uikI" 
 provisions of section 49G of this Act. 4G V c'ls 
 (.S); 47 V. 0. 32, a. 11. ' ' '■ ^' 
 
 (a) The word *• hawkers "^ in this sub-section shall incluj 
 all persons who, belngagents for i)ersons not residej 
 within the county, {r) sell or ofj'er for sale tea J 
 goods, or jewellery, or carry and expose sample i 
 I)atterns of any of such goods to bo aftm'wiJ 
 delivered within the county to any person notbel 
 a wholesale or retail dealer in such <'oo(ls wumI 
 antUse. (s) 
 
 (/>) The provisions of any by-law passed or enacted by* 
 municipal council prior to the first day of Octoi 
 1885, shall not be held as extending to any nerd 
 who, by this sub-section, are to be hold as inclu 
 withi»i the meaning of the word "hawkers' 
 V. c. 40, ss. 1, 2. 
 
 (r) A member of a firm carrying and exposing samples or r 
 sales of tea, &g., la not witliin the restriction preventing "age 
 persona not resident within the county" from so doing audi 
 such an a(»ent. Re(j. v. Marshall, 12 O. R. 55. 
 
 (r) Electrotype ware was held not to be jewellery withiij 
 enactment. Re<j, v. Ghayter, 11 O. R. 217. The defendant w« 
 victed of selling and delivering teas as the agent of a non-resid 
 the county in violation of a by-law, the third section of whichj 
 copy of this enactment. The defendant stated that he liad fol 
 sold tea on commission, but purchased that in question for tf 
 pose of evading the by-law. Held, that defendant was on i 
 dence an independent trader and not an agent, and that thd 
 tion to evade the by-law was immaterial so long as there J 
 agency in fact. Rej. v. McNirol, 11 O. R. 659. It is noj 
 
 mi] 
 
 i Fovliceimn 
 
 [pto's within tlio 
 
 \i(t Mpuciiiif/ Far 
 
 ]|)et«lk'eii tijereon ; 
 
 Mxi until assente( 
 
 jkttlie/wwei-shy t 
 
 JiWI not extend to 
 
 iMBie township, {t) 
 
 (a) Until the ci 
 
 feiries an( 
 
 places in 
 
 Governor, 
 
 time regulf 
 
 tlie rates i 
 
 the statutes 
 
 c. 18, s. 4yi 
 
 Lai 
 
 \i For obtaiiu'ng ji 
 |tr or town separate( 
 t people iiiay most \ 
 *(''ia^ ^k^i school 
 fool purposes, and i 
 (such school houses 
 fen no longer requin 
 
 Aia 
 
 V. for njakin 
 1/ tie deemed 
 
 ex])edie 
 
 ir this enactment to ejc J 
 "ig to be afterwards 
 ^"'eredtothepersoij 
 »'• lie term "drv, 
 "lanufactured from clJ 
 » to soJicit orders for si 
 S«''8ec,287,and8ub, 
 Jhe power of » ^^j 
 i«l to the regulation of 
 l^rnes not between t 
 
 M to regulate, &c i 
 N exclusively. ' 
 
 peDotectoaub. 8. 1 
 
 l^ecouncilofeachooi 
 
AIDING FIOFI SCHOOLS. 
 
 41C» 
 
 lianie 
 
 Ferries. 
 
 For licensing and regulating ferries between any two liicodKimr, 
 5 within the municipality, under the provisions of The l[t.', Rei.*"* 
 \^^gpectiwj Ferries, and establishing tlie rate of ferriage to |^''J'^' •"• "' 
 
 t ken thereon ; but no such law as to f»<rries sluiU have 
 
 Iff until ftsscntod to by the Lieutenant-Governor in Council, 
 
 f tl ei)Owei"s by this sub-section conferred on county councils 
 
 Ik II int extend to a ferry between any two places within tlie 
 
 'township. (0 46 V. c. 18, s. 495 (4); 48 V. c. 39,8. 15. 
 
 ((,) Until the council passes a by-law regulating such [',"1"^^^'''' 
 ferries and in the case of ferries not between two i-iHut.- 
 nlaces in the sumo municipality, the Lieutenant- ^o\\",c""to " 
 Governor, by Order in Council, may, from time to r.KuiBtu. 
 time regulate such ferries respectively, and establish 
 the rates to be taken thereon, in accordance with 
 the statutes in force relating to ferries, (u) 46 V. 
 c. 18, s. 495 (4 a). ^ 
 
 Lands /or High Schools. 
 
 5 For obtaining in such part of the county, or of any Aoquiring 
 Lor town .separated within the county, as the wants of ['H^jf/"^,^,,^ 
 [e people may most require, the real projjerty requisite foroic^ 
 Ltinc hi<'h school houses thereon, and for other high 
 
 Ll purposes, and for preserving, improving and repair- 
 
 e such school houses, and for disposing of such property 
 
 len no longer required; (v). 
 
 Aiding High Schools. 
 
 |{, For making provisions in aid of such high schools as '^iJinK nigH 
 y be deemed expedient; (a) 
 
 lertliis enactment to expose samples of cloth and solicit orders for 
 liiBg to be afterwards manufactured from such cloth and to be 
 (delivered to the persons giving such orders. Betf. v. Bastett, 12 
 |1.51, The term " dry goods" does not include clothing ordered 
 ie manufactured from cloths, samples of which are exposed with 
 itwtosolicit orders for such clothing. lb. 
 
 I See sec, 287, and sub-s. 11 of sec. 521. 
 
 J The power of a municipal council is local. It can only be 
 led to the regulation of ferries within the municipality. In the 
 [of ferries not between two places in the same municipality, the 
 jority to regulate, &c., is vested in the Lieutenant-Governor in 
 
 icil exclusively. 
 
 I See note c to sub. s. 1 of sec. 479. 
 
 I The council of each county, city, township, town, or incorpor- 
 
 M 
 
 ^il 
 
 11 
 
 ■ 
 
 it i 
 
 » 
 
420 
 
 THE MUNICIPAL MANUAL. 
 
 >mMm 
 
 m 
 
 
 
 Supportiug 
 certain High 
 School 
 pupils at 
 University ol 
 Toronto and 
 n.C College, 
 etc. 
 
 [s. 495 ' 
 
 Supporting Pupils at High Schools, Toronto Unive.ri,iu. ■ i 
 Upper Canada College. ^'""^^ 
 
 7. For making a permanent provision for defrayintf 
 expenses of the attendance at the University of Toronto" 
 
 n4 4-Vkr^ TT*-*»-*r^m« C^r\-%^nr\t\ C^.r^AlCkt^Ck t%\ T^*-»*»*^*^ i_ _ i» 
 
 ■6 the 
 and 
 
 Similtir pro- 
 vision for 
 attendance 
 at High 
 Schools. 
 
 Endowing 
 fellowships, 
 «tc., in 
 University 
 of Toronto 
 and U. C. 
 College. 
 
 at the Upper Canada College in Toronto, of such of ^tl 
 pupils of the public high schools of the county as are im hv- 
 to incur the expense^ but are desirous of, and iu the onin' ' 
 of the respective masters of such high schools, possess c ""^ 
 petent attainments for competing for any scholarship exh 
 bitiou, or other similar prize oftered by such universitv ' 
 college ; See Rev. Stat. c. 226, s. 36 (4). ' 
 
 8. For making similar provision for the attendance at anj 
 high school, for like purposes, of pupils of public schools ol 
 the municipality ; See Rev. Stat. c. 226, s. 36 (5). 
 
 Endowing FeUoivships. 
 
 9. For endowing such fellowships, scholarships or e.xhib 
 tions, and other similar prizes in the University of Toront* 
 and in the Up^er Canada College at Tori, uto, for competiti] 
 among the jmpils of the public high schools in the county i 
 the council deem expedient for the encouragement of learnij 
 amongst the youtli thereof; bee Rev. Stat. c. 226, s. 36(3 
 
 Public Faii'fi. 
 
 Author zinp 10. For authorizing, on petition of at least fifty quali^ 
 etc.. of ^'*'°^'' electors of the municipality, the holding of public fairsl 
 public fair,s, ^^y^Q qj. more of the most public and convenient places ih\ i 
 
 and regniat- . j p .1 • • tj. £ • • , 1"*^"=" l"/ ' 
 
 .ingsame. 8ej)arated trom the municipality tor municipal purposes' 
 
 ated village was authorized by Con. Stat. U. C. c. 63 s. 16 
 time to time to levy and collect, by assessment, such sum or sin 
 money as it mif^ht deem expedient to purchase the site, or tor 
 build, repaii", furnish, warm, and keep in order a grammar 1 
 house, for providing the salary of the teachers, and all other iieces( 
 expenses of such county grammar school. The statute was held ti 
 permissive not obligatory. In re Trustees of Wedon (Irammar^ 
 and Counties of York and Feel, 13 U. C. C. P. 423. But nowj 
 Kev. Stat., c. 226 ; In re Trustees of Port Bowan HighSchool/i 
 C. C. P. 11; In re Board of Education of Perth and (he Tm 
 Perth, 39 U, C. Q. B. 34. The three counties of Stormont, Dm 
 and Glengarry were formed into five high school districts. Hell 
 the aid granted by the corporation to the high schools to supplej 
 the Government grant must be an equal special rate upon the a 
 able property of the united counties not upon each high A 
 trict. lie Chamberlain and the United Counties of Hlonxunt 7 
 and Glengarry, 42 U. C. Q. B. 279. 
 
 (6) The place selected should not be a public sired. Warn 
 
J95I1.J 
 
 JUNK SHOPS. 
 
 421' 
 
 («) The purpose for which such fairs i««v » i. , , 
 
 be restricted to the sale Iw-L ^, "®^'^ shall Pwpoge of 
 /.«ff]p Jim-o^c oi, . **' ""-Iter and exolia« ^'uchfaire 
 
 be restricted to the sale l3L"^*^,^® ^^^'^ shall Pwpoge oi 
 cattle, horses, sheep, pigs^nd artTcleTof T'^'T "^'-"^S 
 production or requirement, (c; "g^"ic«Itural 
 
 {i) The bj-kw to authorize the estnhlicJ 
 
 fair shall establish ndes a fd !rr r "^ "">^ «^^^^ 
 govern,«ent of the same,"^„d^tt7« '^'^ ^'^^-"-"^ 
 whosedutyicshallbetohivptLf^^ *^ person -"""e. ^ 
 and shall also fix the foes o be I) T'f ""'' (') 
 atteudnig the said fair, (e) ' ' ^"" V persons 
 
 (,) The council authorizing the establishment nf , 
 
 fan- shall, mimediately after f>,o I -^^ a public Public 
 
 for that purpose, give^^ubhc notiS'oTtr' " '^"^^^ ^"-''' 
 
 JUHce ot the same. (/') e->tHhmiiBg 
 r , V'/same. * 
 
 , For licensing and regulating "junk " sfn. ' ^ 
 Jfor kuig the sum to be paid fbr a licen. °' ^^'''P^' ^'"^-'"^ 
 L__/ ^*^®"*^e so to have or ."'"l '«»"! 
 
 ]ip_„ '"""' snops, Licensing 
 
 _____^ licence so to have or ."'"^ '«»"iat. 
 #/"«, 33 Pa. St. 202^210^177";^ — -^Zpl'""'^" 
 
 {Dm; Commo,mea/fh V IiiJ,\ii'' ^- ^^^^" York "i R. 
 l«,3Pa. St. 202-206:-'^'"''' '' ^^^ »*• 186; CW^L^S' 
 
 [The grant of a fair doea not of ,>« u ■ 
 Jtee to prevent persons from ««ii:; ^^" ""ply a rio-I,f ;„ ., 
 b shops on market days S"'f '^'^^^t^wi artX i, f I *^-' 
 1. A person who, at such a St'^^'^^ ^- ^'^'w'i 12 m^T 
 Itooccupythe soil with bask^^"' ^'"''"^^ g«o^Js for sal J!' * 
 
 fhtke Uoited .^„,S.' i°e"n;^'' "■ ''""'t'* b'| I'f 
 r ■ "•'■ » See /«rth JneS'X»« M,,„icipa,1;<,^,;j; 
 
 toll passes reasonabfe to1l^?h'^* 1 ^ ^^^^iYth an /xn"."'' 
 '''•: Pawled 1 f jiT t t^. ^^' thoni/h no tnii i ^^P^ess. 
 
 f«S?£Ss£iHja| 
 
I 
 
 422 
 
 Bi 
 
 Im 
 
 M' tj ! iW^M^^^y "-Jir^flBJ 
 
 
 
 i 
 
 H 
 
 J J 
 
 
 1 ^i^^ 
 
 \m 
 
 
 
 ■ 
 
 m 
 
 
 
 
 1 
 
 M 
 
 
 
 i'' 
 
 i 
 
 
 THE MUNICIPAI MANUAL. [8.49511 
 
 keep such "junk " store or shop, (g) iG V. c 18 s ioc 
 (5-11.) ' '* *^^ 
 
 [i^or powers of Counties, Cities, and Toicns as to Ilomm • 
 Refuge, see sec. 4G0. ^ 
 
 Division VI.- 
 
 -PowERs OF Councils ot Cities, Towns ant 
 Incorporated ViliuVges. 
 
 Respecting Light and Heat. Sec. 496 (1). 
 
 " Begging in the Streets. Sec. 496 (2). 
 Fire-Arms, Fire- Works. Sec. 496 (3). 
 Enclosure of Vacant, Lots. Sec. 496 (-'.). 
 Driving upon Sidewalks. Sec. 496 (5). 
 Importuning Travellers. Sec. 496 (6). 
 Interments. Sec. 496 (7, 8). 
 Gunpowder. Sec. 496 (9). 
 Wooden Buildings. Sec. 496 (10). 
 Prevention of Fires. Sec. 496 (11-24). 
 Removal of Snow, Ice, Dirt Sec. 496 (25). 
 Removal of obstructions to Wharves, Watm tk 
 
 Sec. 496 (26). 
 Obstruction of Roads and Streets. Sec 496 C'l 
 
 28). 
 2^uinbering Houses and Lots — Record of Stn^ 
 
 Sec. 496 (29, 30). 
 Naming Streets. Sec. 496 (31). 
 Cellars. Sec. 496 (32, 33). 
 Seioerage and Drainage. Sec. 496 (34, 35) 
 User of Streets. Sec. 496 (36, 37). 
 Cab Stands. Sec. 496 (38). 
 Telegraph Poles. Sec. 496 (39). 
 Children riding behind waggons. Sec. 496 (4|j 
 Sale of Tobacco. Sec. 496 (41). 
 Inspection of Bathing and Boat Houses. 
 
 496 (42). 
 Markets, etc. Sees. 497-602, 503 (1-11). 
 Assize of Bread. Sec. 503 (12). 
 
 a 
 U 
 u 
 ((' 
 (( 
 (( 
 (( 
 
 CI 
 
 tt 
 
 (( 
 
 (( 
 
 (( 
 
 « 
 <{ 
 
 « 
 
 By-laws may 496- The council of every city, town and incorponi 
 ke made for yjUage may j)ass by-laws ; 
 
 ig) In cities the power to license and regulate junk stores i!t 
 ^n the commissioners of pohce. See sec. 436. 
 

 i. 495 11. 
 
 .8, 8. 495 
 
 I I]ou«e8 of 
 
 [owns ASb 
 
 (5). 
 (6). 
 
 -24V 
 
 '.."m (25). 
 ws, Faters, ettl 
 
 ,. Sec.4%(21,| 
 
 '.ecord of .S'lredi] 
 
 I96 (34, 35). 
 
 Sec. 496 (l| 
 \oat Honsii. 
 )3 (1-U). 
 
 and incotport 
 junk stores «" 
 
 496 5.] 
 
 DRIVING ON SIDEWALKS. 
 
 Light and Heat. 
 
 423 
 
 
 1 For manufacturing and supplying light and heat under f^^- ^'*'- ' 
 The Municipal Light and Heat ^c« ; 46 V. c. 21, s. 2 (1). 
 
 Begging in the Streets. 
 
 2 For preventing common begging or persons in the P/«vention 
 streets from importuning others for help or aid in money, etc. 
 
 <,r deformed, or malformed, or diseased persons, from expos- 
 ing themselves, or being exposed in the public streets to 
 excite sympathy or induce help or assistance from general 
 or public charity ; 
 
 Fire-arms — Fireworks. ^ 
 
 3. For preventing or regulating the firing of guns or other firing of 
 [fire-arms; and the firing or setting off of fire-balls, squibs,*'""''*"' 
 [urackers, or fire-works, and for preventing charivaries and 
 lother like disturbances of the peace ; (h) 
 
 Enclosure of Vacant Lots. 
 
 4. For causing vacant lots to be properly enclosed ; (i) Vacant lote. 
 
 ^ Driving upon Sidewalks. 
 
 5. For preventing the leading, riding or driving of horses Driving, etc., 
 • cattle upon sidewalks or other places not proper there- Sdewaiks 
 
 •;(i) • . ■ • ■ - 
 
 1(A) A shooting ground near a public highway, where persons come 
 
 ighoot with rifles at pigeons, targets, &c., may be a nuisance. Rex 
 
 jifooj-*, 3 B. & Ad. 184. So, by means of powder, working stone 
 
 rries near the public streets and dwelling houses. Reg. v. Mut- 
 
 , 10 Cox 6. Fog signals were held to be within the term fire- 
 
 fks, as used in Eng. Stat. 23 & 24 Vict. c. 139. BVm v. Lilley, 3 
 
 It 8. 128. A schoolmaster who permitted an infant pupil under 
 
 j Care to make use of fire-works, was held responsible in an action 
 
 I the mischief which ensued. Rex v. Ford, 1 Stark. 421. A. made 
 
 [•works and kept them for sale in a house situate on a pubUc 
 
 et. In his absence, by negligence or accident, a fire took place 
 
 Dg the materials of the fire-works, which set light to a rocket and ' 
 
 ed it to fly across the street and set fire to a house, in which was 
 
 son who was burned to death : Held, that the keeping the fire- -■ 
 
 1 was too remotely the cause of the death to render A. amenable 
 
 charge of manslaughter. Recj v. Bennett, 4 Jur. N. S. 1088 ; 
 
 IC. C. 1. A defendant sued for fire-works cannot, under a plea 
 
 Iver indebted, object that the sale of fire-works is illegal. Fen- 
 
 U. Laycock, 1 Q. B. 414. 
 
 It" Vacant lots of /({Md" are here intended. 
 
 sidewalk ia that portion of a highway which pedeatriang 
 
424 
 
 Importuning 
 traveller!. 
 
 THE MUNICIPAL MANUAL. 
 
 Imjioi'tuning Travellers. 
 
 Is. 496 fi 
 
 6. For preventing persons in streets or public places fr 
 importuning others to travel in or employ any veas 1°'^ 
 vehicle, or go to any tavern or boarding house, or for . ^"^ 
 lating persons so employed ; ^^' 
 
 laterments. 
 
 Billa of 
 mortality. 
 
 Gunpowder, 
 care of. 
 
 Interments. 
 
 7 . For reg ulating the interment of the dead, (a) and for 
 venting the same taking place within the municipalitv 
 
 8. For directing the keeping and returning of bills of 
 mortality; and for imposing penalties on persons "nilK"* 
 default; {h) " ^ "^ 
 
 Gunpowder. 
 
 9. For regulating the keeping and transpoitin" of 
 powder and other combustible or dangerous materials' 
 
 ('■)l 
 
 i 
 
 M 111 
 
 19 
 
 i'?' bl 
 
 l\U^ :,,il 
 
 have a lawful right to use. See note to sec. 531, The right of th 1 
 public so to use sidewalks makes it the duty of the municipal auth 
 ties to see that horses or cattle should not be led, ridden or i|ii°"i 
 ou the sidewalks. See Commonwealth v. Curtis, 9 Allen (Ma ™ 
 2(56. An awning over a sidewalk may be removed by the autliorif! 
 of the corporation. Fedrick v. Bailey, 12 Gray (Mass.) 161 * 
 
 {a) A by-law made in pursuance of an Act empowerinc municiiMii 
 councils to make by-laws for regulating the interment of the deJ 
 was held not to be nltra vires by reason of its prohibiting intenneiitf 
 altogether in a particular cemetery and thereby destroyni» the DriJ 
 vate property of the owners of burial places therein SlattenA 
 Nct^iflor, 13 App. Cas. 446. ^ 
 
 (h) " Bills of mortality" is the common phrase to denote statistia 
 of the dead. The duty to keep such statistics and to make retun 
 therefrom may, it is presumed, be imposed on any one in char^eol 
 a public cemetery of any kind within the municipality. 8ee°ali 
 Rev. Stat. c. 40. The duty may, under this sub-section, be enforce 
 ])y the ordinary mode of fine or penalty. The fine or penalty mul 
 be reasonable. See sub-a. 19 to sec. 479. 
 
 {(•) The manufacturing and keeping large quantities of gunpowdi 
 in towns or closely inhabited places is an indictable offence at coi 
 mon law. Rex v. Williams, 1 Russ. 321 ; Rex v. Taijlor, 2 SI 
 11G7. See also Crowder v. Tinhler, 19 Ves. 617. In 'England [ 
 is now regulated by statute 23 & 24 Vict. c. 139, amended by2ij 
 25 Vict. c. 130, and 25 & 26 Vict. c. 98. So also keeprngj 
 storing of large quantities of wood, naptha and rectified spiritsii 
 warehouse in the city of London. Re<i. v. Lister, Dears. i,\ 
 209; 26 L. J« Mag. Cas. 196. The Enghsh statute 25 k 26 \1 
 c. G6, is extended to nitro -glycerine and all other substance] 
 the time being declared by an Order in Council to bespeciallii 
 gerous. In the United States it has been held that a city corpo 
 
 s. 496 JO." 
 
 for regu/a< 
 mag'azfne.s 
 parties ; for 
 mg JancI; as 
 purpo.se of ( 
 conveying si 
 Y. c. 18, s. 4 
 
 10. For ]-eg 
 
 ing the erecti 
 
 ml wooden t 
 
 \\ill(i^e; and a 
 
 I buildings, other 
 
 land vooTing of 
 
 lot' the city, to} 
 
 ^ "^Jife a mmncl 
 ' '■/f ':^,t'ng the J 
 
 lieinstanceof the^ 
 [^pel the abaten 
 
 t"^ imits, wou^jl 
 P' restntined by if 
 
4%i 
 
 es frota 
 sssel or 
 or regu- 
 
 d for pre- 
 ility ; 
 
 I bills of 
 1 guilty oi 
 
 ing of gun- 
 iterials; (r)j 
 
 i rigU o{ tbe I 
 Acipalauttori-i 
 ilden or lUivtuI 
 Allen (MassJ 
 the authority j 
 101 
 
 •ring raumcv 
 Tit o{ the deiil 
 liting iutenneM 
 voying the pril 
 |in. aiatkq vl 
 
 llenote statisticj 
 make retun 
 Le in charged 
 [ality. t?eer 
 hon.beenka 
 ^r penalty ma) 
 
 IBS o{ gunpowi 
 
 offence at co^ 
 
 Tttyior, i Sl| 
 
 In Engli 
 
 ■mended by24| 
 
 lao keeping 
 
 ttifiedspintsi 
 
 pr Dean. 4 
 
 (er 8ub3taiic<a| 
 
 I be specially ' 
 
 I I a city cor 
 
 s. 496 10.] 
 
 ERKCTION OP BUILDINGS. 
 
 425 
 
 for regulating and providing for the support, by fees, of 
 
 jjzi'ne.s for storing gunpowder belonging to private 
 
 rties ; for compelling persons to store therein ; for acquir- 
 
 •"^ff land as well within as without the municipality, for the 
 
 ui-pose of erecting powder magazines, and for selling and 
 P pvintf such land when no longer required therefor ; 4G 
 
 V c. 18, s. 496 (5, 9-12, 14-16) 
 
 Wooden Buildings. 
 ^r\ Vnr vpf^ulatin" the erection of buildings and prevent- Regulating 
 
 la roi icpiii" o o I erection of 
 
 • a the erection of wooden buildings, or additions thereto, buildings 
 5 wooden fences in specified parts of the city, town, or "'"* *'*''*=^*- 
 village ; and also for jjrohibiting the erection or placing of 
 yjjjj„i^s^ other than with main walls of brick, iron or stone, 
 Unci rooiinf^ of incombustible material witliin defined areas 
 lof the city, town, or village ; (d) and for regulating the 
 
 Ln may lawfully pass a by-law requiring all gunpowder brought 
 iito the city to be conveyed to the public magazine of the city, except 
 rlien to be retailed, and then to be kept in limited quantities and in 
 iecure canisters. Wi/lianut v. Augusta, 4 Ga. 509. Two justices 
 England, under 12 Geo. III. c. 61, ss. 11, 18, were empowered 
 adiiulfe a forfeiture of gunpowder conveyed in the city contrary 
 ) its provisions. Where several packages of gunpowder, amounting 
 I the whole to 300 lbs. weight, were sent by different persons to a 
 jarehouse in London belonging to a carrier and licensed carman, as 
 it*mnorary halting place in their transit, it was held that there was 
 ) unlawful having or keeping of gunpowder within the meaning of 
 |e statute. B'kjus v. Mitchell, 2 B. & S. 52.3. A conviction, under 
 'Statute, awarding a forfeiture of gunpowder, must shew that the 
 json to whom it is adjudged is the person who seized. Rex 
 U]A, ^l- ^ S. 133. A person who manufactures and keeps fog- 
 pals— being tin cases filled with gunpowder and fitted with nipples 
 1 percussion caps— upon the premises within distances specified by 
 iithsh statute 23 & 24 Vict. c. 139, s. 6, and for which premises 
 ihad not a license under^sec. 1 1, was held liable to a penalty. Blhs 
 lUbj, 3 B. & S. 128 ; see generally, Wehlei/ v. Woolhy, L. R. 7 
 B ill ; Eliott V. Majendie, Ih., 429 ; see further, Broivii v. Mary- 
 ,' 12 Wheat. U. S.') 419, 443. 
 
 Where a municipal corporation was authorized to make by" 
 regulating the erection of buildings, a by-law requiring the 
 5 of Imilding licenses and the payment of a license fee was held 
 V'elch V. Holdkm, 12 Am. 383. The Court always interfere 
 he instance of the Attorney-General to restrain the continuance 
 [compel the abatement of a public nuisance. But the act pro- 
 led by a by-law against the erection of wooden buildings within 
 pibed limits, would not appear to be such a nuisance as to be 
 prly restrained by injunction. Waupun v. Moore, 17 Am. 446 ; 
 W^ofSt.JoJmv. McFarlan, 20 Am. 671. The "specified parts 
 
 54 
 
426 
 
 8<:stabllita 
 ments of fire 
 limito. 
 
 THE MUNICIPAL MANUAL. Fy ^gp . 
 
 repairing or alteration of roofs or external walls of ex" f 
 buildings within the said areas, so that the said buill'"^ 
 may be made more nearly fire-proof ; and for author' ' '''' 
 the pulling down or removal, at the expense of the o "^ 
 thereof, of any building or erection which may bp " 
 structed, repaired or placed in contravention of any Iw 1 '"' 
 'L'? ^^ c. 32, s. ■»« ^ "^ ''"' 
 
 47 V. 
 
 16. 
 
 Preventing Fires. 
 
 I'ire conipa- 
 aiies, etc. 
 
 11. For appointing fire wardens, fire engineers and 
 men, and promoting, establishing, and regulating tiie 
 
 tire- 
 com- 
 
 of the city, town or village " mentioned in the first part of th 
 section, and "defined areas of the city, town or village" inent^^ i 
 in the latter part thereof, mean substantially one and the 
 thing, viz., the ascertainment of a certain area having certain ]'^^"" 
 within which prohibited buildings are not to be erected .-mJ T\^ 
 buildings to be regulated — in other words, the establishment of « ' ^ 
 limits. See Billon on Municipal Corporations, 3rd ed. sec 40"' ' 
 Where a municipal corporation, under power to jjrevent tile erect* 
 of wooden buildings, passed a by-law restraining the erection of 1 T 
 and-plaster buildings within certain limits, the by-law as to tt J 
 excess was held void. Attorney-General v. Campbell, 19 Graiit'soo I 
 The poiver, since the last-mentioned decision, has, it will he oi)serve(il 
 upon reading the subsection, been extended to the prohibition fl 
 buildings "o</ter than with main walls of brick, iron or ston I 
 and roofing of incombustible material." The removal of a woode I 
 building to the prohibited district would be an " erection " oJ 
 " placing," within the meaning of such a by-law. Wwlkink A 
 Oilman, 12 Me. 403 ; see further, Shield v. Sutherland, 6 H. &X, ygjj 
 Hobhs v. Dance, L. R. 9 C. P. 30. Ordinary repairs wouIJmU 
 however, be either an "erectioa" or "placing." ^ra(/)/ v. ///.(jJ 
 ance Co. , 1 1 Mich. 425, 469 ; Booth v. State, 4 Conn. 65 ; Bronl 
 ffiinn, 27 Conn. 332 ; Tattle v. State, 4 Conn. 68 ; Stewart v. oJ 
 monwealth, 10 Watts (Pa. ) 307. The power to pull down or ieraoJ 
 a building erected or placed in contravention of the by-law, tboj 
 a necessary, is a strong power, see note .s to sub-s. 15 of sec. M; 
 should only be exercised in cases clearly of contravention, ami 
 notice to the person offending, so as to give him an opportunity 1 
 show cause before the destruction of his property See note: 
 sub-8. 47 of sec. 489. It would seem that a person specially injoi 
 by the contravention of such a By-law would have an action m 
 the wrong-doer. Aldrich v. Howard, 7 Rh. Is. 199, but not am 
 the Municipality. Forsyth v. The Mayor, d:c., of Atlanta, 12 j| 
 576. Suffering the prohibited building to remain after fine wZ 
 appear not to be a continuing offence, so as to subject the offeDiial 
 a second fine. The remedy in such a case would appear rather tof 
 the demolition of the building. See note a to sub-s, 28 of sec. 
 Where in such a case there is power to demolish the buildii 
 Court of Equity will not in general be disposed to interfere witlj 
 exercise of the power. See Atickland v. Wentmiude.r Locoil 
 L. R. 7 Chy. 597 ; Kerr v. Corporation of Prenton, 6 Ch, D,' 
 
mil] 
 
 FIRE COMPANIES. 
 
 panies; hook-and-ladder comnanip« o.,j 
 
 Lpaniea; (e) ^^^ines, and property saving 
 
 (t) The prevention of damage to builT u ' ~ ~ 
 
 which affects the interests of all the inhab/fw ^ ^i"® '^ '^» object 
 from a common burden and a common dancer S.l''".,''®^'®^®^ them 
 ill the scope of municipal authority A///., . V,^ *nerefore with- 
 {^lm.}iH5; Torrey v. Millhury, 21 Pick m" ^TJ^^on, 1 9 Pick. 
 ir«MrtW, 3 Mete. (x>fn=«. \ i«o . //. ^ ^'c«- (iw— ' "- - 
 Oilman 
 
 427 
 
 ^7. ioMw, 28 Mo. 488; Miller v. Savanvnh" ^p-"' ' J.^ ' ^»l>in-'<oti v 
 The necessary powers are here in expre ittrl'''' ^^i' ^6 Ga. 678 
 powers are ni the.r nature legislative and covernLTf f'^'^'f These 
 and manner of their exercise, within the °,T®'^"'"ental ; the extent 
 statute, are necessarily to be determined hi ff® .Prescribed by the 
 cretionof the proper municipal authorities- an,l''f'^^'"^"* *nd dis- 
 he execution of such powers the corporation is Iw T^ . '^^^^^t in 
 to individua k The power of the municinalcounnn *° ^^ ^^^^ ^'^ble 
 ,s that of a delegated g«a.s7 sovereignty, whichT.? 1'''^^'' *^« «»bject 
 ! '"-"^'""''.'fJ^or the neglect or m>„f£slnee\? j."'''^'''P°"«ibiIity 
 I charged with the performance of duties n%," °*cer or aeent 
 I Ohio St. 19; S. a 2 Am. m. In tl e .,b- ^ ^^ ^^"^'nuaTm 
 
 co.pratious are not liable to actioL o tasioSL"^ 'T''' «*-«*«! 
 or keeping m repair engines owned by thSn pJ ^^^^'^^^^^ in "sin; 
 I2ti}t. a. 2Si; Ohvftrv. Worcester in" ir ^^'■''^^'^^'^>' v. Mer^r/hh 
 BoMon, 104 Mass. 87 ; 6 Am IQfi ' A ^ ^^'T" 48»- 499 • fZz ' 
 
 IK 
 
 «itiiiL'uishe<l 
 
 rmiutM V. WorcM,; 25 Aoi'ln 
 
 S:.f±!s5r'-^. '!- *A .Xt,Sri'- *- act 
 
 A- for ite own corporate ad' nta'""-' "': »» "«H, ,i„„e bi ,1" 
 
 Itroying t, wherebv n l.nii i- ^ a locomotive ovp^ ^'^'^^"^ay 
 
 ■,.1 
 
428 
 
 li 
 
 I 
 
 
 
 mm 
 
 i\' m 
 
 
 Medals and 
 rewards. 
 Aid to 
 w;dow.i. 
 
 Fire in 
 stables, etc. 
 
 Dangerous 
 manufac- 
 tories. 
 
 Chimneys, 
 
 stovec, etc. 
 
 Kegulating 
 construction 
 etc., of 
 chimney.1. 
 
 Ashes. 
 
 THE MUNICIPAL MANUAL. Ig_ 49^ ,^ 
 
 12. For providing medals or rewards for persons wh ]• 
 tinguish themselves at fires ; and for granting pecuniu'-v '1 
 or otherwise assisting tlie widows and orphans of ner 
 who are killed by accident at such tires ; (/) ' "^ 
 
 13. For preventing or regulating the use of fiio or jjcU 
 in stables, cabinet makers' shops, carpenters' shops aud "^ ' 
 bustible places ; ' '"' 
 
 U. For preventing or regulating the cariying on of 
 manufactories or trades dangerous in causing or i)roiuoti 
 fire ; (g). "= 
 
 15. For preventing, and for removing or regulatinfr the 
 construction of any chimney, flue, tire-place, stove oven 
 boiler, or other apjjaratus or thing which may be danrrerous j 
 in causing or promoting tire ; ° 
 
 16. For regulating the construction of "liimneys as todi^ 
 mensions and otherwise, and for enforcing the proper cleaning] 
 of the same, and for compelling manufacturers and others 
 have such chimneys or other apparatus as shall con.sume ti 
 smoke or jirevent the same from fouling the atinospheie 
 Ijeing carried by the wind or otherwise to other shop.s honsi 
 or premises, to the inconvenience orinjuryof the neif'hbouii 
 premises or residents therein ; (h) 
 
 17. For regulating the mode of removal and safe kee')in 
 of ashes ; (t) 
 
 (/) The providing of medals or other rewards for those 
 distinguish themselves at tires, and the granting of pecuuinrv ; 
 to the widows and orphans of those who lose their lives while in | 
 discharge of such a duty, and owing thereto, is a laudable purp 
 for which full power is here given. See lietj. v. Comhe, 13 Q. B. IJ 
 3 New Sess. Oases 394 ; Ex jmrte Loader, 13 Jur. 192. 
 
 (,7) Manufactories or trades injurious to health may be restraii 
 Sec. 489, sub-sees. 41, 44. Similar power is here conferred! 
 "manufactories or trades dangerous in causing or promoting I 
 These may be either prevented or regulated. Indeed, there isp 
 in case of emergency, to destroy houses to pi-event the spread of 
 See sub-sec. 23 of this section. The council must personailyl 
 cise the powers given and cannot delegate its functions. See R^ 
 Webster, C. L. T. 299. 
 
 (h) A by-law providing that no persons other than chimney i 
 tors appointed by the city council, should sweep or cause to be i 
 for hire or gain any chimney or fiue, was held bad. Bey. v. Joi 
 38 U. C. Q. B. 549. 
 
 (t) Many fires are said to be "accidental " which are the re 
 ueglect to keep ashes in fireproof utensils ; and yet regulatia 
 
 i m 21] 
 
 18. For 1 
 w&lls; (J) 
 
 19. For CO 
 kre sciitties 
 ot kildern ieai 
 
 20. For cai 
 respects into a 
 imgeroiis risk 
 
 21. For re(/u 
 kckets, in sncl 
 Hid for reguhti 
 tbern at Grea ; 
 
 the safe keeping of 
 (niorced. Aalwa m 
 
 tsrehise or rubbiah 
 Mil, 1 Ex. 845 ; i 
 
 h ''• Wood, 5 i], ^ 
 f'Sl. Leonard, Shor 
 
 I'. 
 
 t/} iJegiiJatioua as t 
 freon, imder col. nr <_ 
 
 ieisJiabietobesued 
 1%, r. Poiisford, 1 £)'| 
 
 ttoiisiiei/?ijbour«.;ji 
 
 «''H^ofhisout8 
 F^e of such presump 
 
 ajmal^alj cannot be 
 
 «s as part owners 
 "">ny. Arnold, 1 T> 
 
 ^ Wfl ' -*^« XV, 
 
 ; '% «;'s heid J 
 '. Jiawhun, 5 rp 
 
 'onthe half of th" 
 
 fm^^y in a wall, t. 
 
 ^^Frty of the ]a„T"'.*f 
 
 JIunt 
 
 '*^'»*theoTrner 
 ^etropoj 
 
 ntb/Ki to 
 
 , „: ^f^- See fu-fci:: 
 
 ■1 
 
'»6 21.] '"^VEwma r,M^ 
 
 18. For regulating a„d e„f„rei„^ ,1, *2S 
 •""'' W ™"« "le erection of „. . ,. 
 
 19. For compelling the own " °* P«rty ■•.«, ..,, 
 hare scuttJes in the roof f Ko f ^"^ occiinantH nf i, 
 
 oria'iclers leading to thi ,tr'' "^^^ Wroachet 072^^-. 
 20. For causing buildings ^and . '° '""" "' 
 
 respects into a safe conditinn * ^^^^« *o be ni,f ; ., 
 K-ousriskoraccid^ntr^ *° «"-^ ^^-ns^ ^ ^^ ^^'^er o^a.cU 
 
 21. For requiring the inh«K-. "*""'' '"• 
 
 W for regulating tTe^xan?/ J '"^ «« ^^-^ t '° ^"1 ^^^ ^'''^-''«'^- 
 tiem at fires ; " «^««"natioa of them and^ ft''"^"^' ' 
 _^ ' "" i-ne use of 
 
 tie safe keeping of ashes are^lTP — _ 
 
 tmcecl Ashes niav 1111,7^ ^"'f^Oi made .m^ 7 ■ 
 
 ,rme or rubbish^^sr^;, '''^^^^ ^nS'ish stJ^r "^"''« rarely 
 
 M4 1 a. 845 ; l!/,S, , i? r- .«»'"'«f2 M %,' 
 '%.v. »W, 5E. itB'Jj'; *^?"''«!/e,2H &V y i- . -»» v 
 
 "^•^r.c'^-^r 
 
 .... ^i^vvj I 
 
 hjSt. Leonard, 
 
 Ik. 391. 
 
 I W f'«g" '-^tious as to party wi]J« ~ " 
 
 ■person, under coLur of «7,«f^ "^ '"ust be afw^*.! . 
 
 IJisliabJe to be sued ptuT^^^''^ ^'o SrtV^^^^^d- « a 
 
 ■iWhis neighbour will here^ffl *, ^^ "lan has a .• V^*^^ ' s^e also 
 l™tha f of his outside wan r ^1"^! a house adln^^^* ^'^ P'-««U'ne 
 Lnceofsuch presumption „",^" "eighbou?? '""'^^ *« his. and 
 Lnial .all cannot b?S totet" "l ^-•«'';r2 r^' i?o^^°^^^^^ 
 
 Visons as part owners, or dfvf!5! * ^ * *hing whiVri, ', ^''«^« <?o., 
 U.S Arnold, L. R. JShT"« ^^ bHildL™Jl /'""^^ *« t^o 
 f.o. 7, was held nott7^' l^^*' The E„^i4""o,?;o'n another. 
 
 /"/•«?'"''' 5 Taunt 27 T^'^^^ ^alli commn"*^ ^^ ^eo- 
 tottof such a party, wall „ il, "one nronr.- J "^^'^ Propertv 
 
 gm might nuintaW'spT; *^ °*^«^ P"S d*';::/,';^^^ t^t 
 
 Iwion the half of the wall Vhf t"" P^^^-ng down « *^® addition 
 ieproperty n a wall fi. T^'ch was erPf.ft,i ^ ®^ 'n«ch of if „ 
 li/of ihe la^dther^of .r««*«d at S^eL^'^ °^» «°" /' 
 fces " to authorize thl x?* «*ands /a ^ ^P^^^^' follows f jf ' 
 
 Ne<'hasbe?;h*ewTo1r, f P-% tal^^T *^ P^«« '^di 
 
430 
 
 ■III • 
 
 1% 
 
 Iiinpectlon 
 piomlies. 
 
 THE MUNICIPAL MANUAL. 
 
 officer! 
 
 [«. 496 22 
 
 J 
 
 
 \ 
 
 nit " -f 
 
 miiM 
 
 
 ' 22. For authorizing appointed officers to enter at 
 reasonable tiineb upon any property .subject to tlm i('(rulat' " ' 
 of the council, in order to ascertain whether such rei/ulati" " 
 are obeyed, or to enforce or carry into ettect the same • ii\ " 
 
 .^p'eaX.g'^of 23. For making regulations for suppressing Htes, and for 
 fire. pulling down or demolishing adjacent houses or other eret 
 
 ions, when necessary to prevent the spreading of tire • \}\ 
 
 (k) This is an important aub-section. It does not follow tl 
 because people are required to do certain things, even for their i' 
 safety, that they will do as required. Supervision in necesss'lr 
 The power conferred by this sub-section is for authoriziiiB ■ 
 pointed officers to enter at all reasonafttn /imes, xunm foi,, ,'.'' 
 perty, subject to the regulations of the council, " ju order t 
 ascertain whether such regulations are obeyed." Hut the in 
 important part follows — that which enables the oUicer "to enfi'M 
 or carry into eject the mine." The enforcement niight be 'h 
 prosecution and fine; but the words "carry into effect the sanp'' 
 iippear to indicate a specific performance of the duty by the olfi ■' 
 It the regulation be that certain things shall not be, the otticer n '"^ 
 be held to have power to remove them ; but if it bo that certi'^ 
 things shall bo, he is not likely to supply them without some prov" 
 sion for compensating him. No property should, it is appreheiKk,] 
 be demolished or destroyed without an opportunity of some kind t 
 the party concerned of being heard. Heo Cooper v. Board of H'o,.;." 
 ,bc., 14 C. B. N. S. 180 ; se also Hen v. Sjxirrow, 16 C. B. N. 8. 209*' 
 Bauman v. Vestry of St. Paiicran, L. R. 2 Q. B. 528 ; Smitk'v «,„' 
 S071, L. R. 6 C. P. 87. ' ' 
 
 {I) Rights of private property may be made subordinate to public 
 necessity. The right to destroy buildings in order to prevent the 
 spread of a conflagration is one that has been exeicised from *k \ 
 earliest times. See note n to sub-s. 15 of sec. 489. In such a case 
 in the absence of an express statutory liability, the owner of tiro! 
 perty so destroyed is without remedy. See Dewey v, UVuVf, M. & M I 
 56 ; Dillon on Municipal Corporations, 3rd. ed., sec. 955 tt. «,,. fjl 
 there be a remedy given by the statute or at common law, exit. 
 ing because of excess, the fact that the owner was warned d.^s 
 not affect his right of recovery. Neiv York v. Pent-., 24 Weml 
 (N.Y.) 668; see also Pentz v. yEtna Ins. Co., 9 Paige, (Nvjl 
 568 ; City Fire Lis. Co. v. Corlies, 21 Wend. (N.Y.) 367, Tliej 
 opinions of bystanders, as to whether the building, if allowed to staml, 
 would have taken fire, was held not be admissible evidence. Xn 
 York V. Pe?*^;:, 24 Wend. (N.Y.) 668. As one whose property has kei 
 destroyed, by the order of the public authorities, for the public bene. 
 fit, has a strong natural equity for compensation, a statute niakiu] 
 the corporation liable should be liberally expounded, though m 
 strained to cover cases not fairly en^braced within it. Per Neboi 
 ' C. J., in New York v. Lord, 17 Wend. (N.Y.) 285, affirmed ISWuii 
 (N.Y.) 126; see also New York v. Pentz, 24 Wend. (N.Y.) ft 
 Stone V. Mayor, tfcc., 25 Wend. (N.Y.) 157. Such a statute oui 
 not to be construed to apply to a building pulled down after it is 
 far burnt that it is impossible to save it. Taylor v. Plymouth 
 
496 as.] «K«OVAL OF SNOW, ICK, DIUT, ETC. 
 
 04 For loguliiting tlio comluct, and enforcing the a.s8is- 
 " * « flip hihabitants proHent ut tires, and for the preser- 
 ,,tiou of property at hrea, 
 
 Removal of Snow, Ice, Dirt 
 
 ■)' For compelling persons to renjove nil huow and ice 
 , '"jjiip root's of the preini,se.s owned or occupied by them ; 
 ^^Tto remove imd clear away all snow, ice and dirt, antl 
 "Iher obstructions, from the sidewalks, streets and alleys 
 "lioiiiiiif such premises ; and also to provide for the cleaning 
 'J sidewalks and streets adjoining vacant property, tj^e pro- 
 
 ■ pf uoii-rosidents, and all other persons who, for twenty- 
 fr hours, neglect to clean the same ; (//t) and to remove and 
 
 431 
 
 KiiforoiDK 
 iiNBlRtanoo lit 
 flrM 
 
 Hemoval of 
 KDOW, etc. 
 
 CteuninK of 
 fiidewalkii, 
 Htreets, otu. 
 
 . , i^jjjgg \ 4(52 If the statute give a right to compensation ami 
 
 •9oribe'u() sMccitii; reino(ly, an action will lie. Iiii.s.i^lt v. Ntun 
 Yrk •' Deiiio. (N.V.)4(5l. Tiiia sub-scclion, providing for pulling 
 
 1 liun'or ilemoiishiug "luljaoent houaoa or of/i"r cm-nonM," apnarcntly 
 !L not extend to porsonal property. See Ston^. v. Nno Vork, 20 
 
 'S, \Y)139;'2->\Vond. (N.Y.) 157; New York v. Lord. 17 
 
 jH;(N;Y:)-'85;18\Vcnd. (N.Y.)126. 
 
 i)n) An Act authorizing a local board of health to provide for the 
 
 Kni'ovalof*"tlii't, aslies, rubbish, tilth, dung, and soil," was held not 
 
 to (iitiiorize the passing of a by-law for tho removal of snow. lifif v, 
 
 Jioil 5 K. & H. 4!>' It has been held in this Province that, in the 
 
 iabseiicB of any puljlic regulation, people are not compelled to keep 
 
 Ithe roofs of tlieir houses clear of 8no\v, or to detain tlie snow on the 
 
 flis so that it cannot slide from thence into the street. Lazarnx 
 
 fnmiti), li) V. 0. Q. B. 1. The contrary has been held in the 
 
 UiiiteJ States. Shipley v. Fiftn A.-^Hociatci*, 101 JSlass. 251 ; 3 Am. 346. 
 
 Vhere however there was a by-law i-ecpiiring citizens to keep tiieir 
 
 oofj clear of ice and snow, and it was proved that about half an hour 
 
 (efore the accident, whioii was the subject of the action, the defen- 
 
 lant was notified of the dangerous state of the ice and snow on his roof 
 
 jut took no precautions against accident, it was held that there was 
 
 Ividence of ne^'ligonce to go to the jury. Landrerillc v. Gouin, 6 O. 
 
 J5,"). In the United States it has been also held that persons sufi'er- 
 
 jisnowandice to accumulate upon an awning placed by them over a 
 
 idewiilic, if the awning be insufficient to hold the snow and ice, and it 
 
 1 consequence give way and injure a passer-by, are liable to damages. 
 
 iiliordv. Holbrook, 9 Allen (Mass.) 17. It would seem that, prima 
 
 Lie, the occupants of the building, and not the owners, out of occu- 
 
 ktion, are the proper persons to be sued in such an action. Kirhy 
 
 T%&/ort Market Association, 14 Gray (Mass.) 249. See also Burt 
 
 |Bm(o», 122 Mass. 223. But if the roof be under the control of 
 
 1 landlord, and not of the tenant, the former would be liable. 
 
 Lleyv, Fifty AssociattSy 101 Mass. 251 ; 3 Am. 346. A stnicture 
 
 jnh M a cornice of a building projecting over a street in a city in 
 
 til a manner as to be dange"ous to passers-by, is a nuisance which 
 
 f corporate anthorites may abate, and if they fail to do so after 
 
"'i 
 
 ]Lli 
 
 ■jmL-.s.. 
 
 432 THE MUNICIPAL MANUAL. [„. 495 , 
 
 clear away all hiiow and ice, and otluir obstructions fiot 
 ■idewalkb and HtrootH, at the expense of tiie owner or" 
 pant in case of his default ; (n) and in casji of noti-payrr 
 to cliargo such expenses as a special assessnuint iiuainst ""f 
 premises, to be recovered in like manner as other nm, •*"' i 
 rates; (0) 46 V. c. 18, s. 496 (H-'H). '"""' 
 
 notice of ita «langer()ua character the city will l)u linhle to m 
 iiijiirod therehy. (Jrore. v. Fort Wayne, IS Am. 2(J" Si.i f'^ 
 
 )8t'nco, at all events „f, 
 - •"» "" J—-. rcntlor thu adjoii ' 
 
 I 
 
 iilil nl 
 
 Mullen V. St. John, Ih. 630. It won 
 tion of snuw and ice on a Hidewalk, in 
 ixiiilic regulation on the subject, wouhl not render tliu 
 
 one 
 irther 
 
 ftl«o Hoen. that the a,:n,nn,l 
 the absence, at. >il1 . 
 
 rietorjiable to an action for an accident ariuinK therefrom s. '11'' 
 n-d V. Miilland Jt. W. Co., 26 L. T. N. S. 879 ; Sharp v" pZiii" 
 K. 7 C. P. '253; Shiton v, Thomvmih 3 O. R. 11. See alg., ///''', 
 Jiiifckh, 8 O. H. 451 ; lilfaklty v. Corporation of Presrofi, jo ^ p'","!' 
 Tiie city of Boston, under the power "to make needful ami safut 
 by-laws," pnHscd a by-law reqiuring the tenant or occupant, or ji * '^ 
 tliere should be no tenant, the owners of buildings borderiiii/oii',,.,..!^' 
 streets, to clear snow from the sidewalks adjoining tiieir risDnt" 
 buildings, &c. It was held valid. The by-law was juHtly r ml ,| 
 by the Court as a police regulation, requiring a duty to liii* 
 formed, highly salutary and advantageous to the citizens rf 
 ])0[)ulous and closely built city, imposed upon them I)eoausi' tlir 
 are so situated as that they can most promptly and convenimtl'' 
 l)erform it ; and it is laid not upon a lew, but upon a niinimu'i 
 class, and equally upon all who are within the description CdmiiojinJ 
 tlie class, and who commonly derive a peculiar benetit from the 
 duty required. 8ee Dillon on Municipal Corporations WtA ed, sec, 
 3'J4. Kven when such a by-law is passed ancl its provisiiii 
 neglected, it would seem that no action will lie by a person amievei 
 against the persons whose duty it is, under the by-law, to reinovi 
 tiie snow and ice. Kirby v. Jioylston Markrt Association, Uv<n\ 
 (.Mass.) 109; Bnfanan v. Marriott, 9 Md. IGO. The remedy, at 
 events, so far as the sidewalk is concerned, if there be onewoui 
 appear to be against the municipal corporation, for alleged m 
 repair, and not against the individual proprietor. Fbjnn v Cmh 
 Co., 17 Am. 603. 
 
 (71) It was held, in the Common Pleas, that an action would 1 
 lie against the city of Toronto for a slight accumulation of ice on 14 
 of the sidewalks of the principal street of the city, resulting in t 
 injury to the plaintifi', although the adjoining proprietor omitteil 
 remove it within the time provided by by-law, and although the cil 
 authorities had neglected to appoint any officer whose duty it ml 
 enforce the provisions of the by-law. lUnijland v. Toronto, 231',' 
 C. P. 92. Gait, J. , nonsuited the plaintiff at the trial, and Gw)ii 
 J. (the Chief Justice being absent), delivered the judgment of I 
 Court, which appeared to indicate that no action would iie;^ 
 municipal corporation for alleged non-repair, unless the alleged i 
 repair be such as to amount to an indictaule nuisance. But this t 
 of the statute was dissented from by Harrison, C. J., in Bmi 
 Toronto, 42 U. C. Q. B. 560. See further, sec. 531, and of 
 thereto. 
 
 (0) This charging must, it is apprehended, be done by thel 
 
,, m 27.] ommvcriyn roadh and stkeets. 
 (") Tli« council may, in the by-law ««« i * ^^^ 
 
 which tho ,>,,.. .,,,r;;n;:::s^^ 
 
 26. For iY";,'iiIating nnd coinpellincr * f.^ 
 rMc uharf. doc-k «iip. ,,,,i,f .oJ^rH^^.^.^^r'^J ^/-om any ,v.,awMo 
 riuTor water, ot /lil sunkoij, LMouncjJl ' ">'' hnrhoii,. ';«"'••" tho 
 
 br,e, ..raft, cribs, rafts, lo^,s^ro£ ,!' T*'"^^^' vesHeln «'r:;;S;-' 
 cumlmmccs, l,y the owner, cluirtorer or n "'''^'''"*' ^'' in- '""'"'• *"• 
 
 Oh(ncct{on of Jion,{, or Streets. 
 :'". For regulating or preventinir ti 
 JowlingJ^ n«in.al«, vehicles, ve^relTor ott'r*''''"^'""'"^ "--'-^ 
 
 "j ; r; — ;^ — — — —_ . "' otuer means. A, \oiJf 'ruction 
 
 jerk Hlieii making up the colJectors roi7~^r~^ ^^^""-^ 'o"""! 
 
 e cost of removal of nnow or ice wl.ich Ls 1 "it^"*'^" i« to ,„akfi 
 
 Wnmm was properly fixed i„ a hthwn; ,^^1? '^"""^-''-'tecl " L a 
 [consequence of tho ordinary weaW ^^ ^^ "'« ''''fendants h,.f 
 |ve cover projected an inch aLre ?t ^l"""^ «^ *»'« hi./hwav t 
 Ihighway stumbled over the valve nn! '"^ ^'''"ntiff's horie nJn 
 U against the defendants who , °Y*''' '"»l was huT r '« 
 theli^-hway authon-tv for ft ^'•''^ '^"*h the wate, ni fi,'"-"" 
 titwas the duty of the (wi 'r^'""^ *° *he hoTse if t"*^'u'''^^ 
 ;work8 under their care «hn"f ?"*« *« "^^ko s cl, arl ^'''' ^"'^ 
 W and that he pfafntfff !i'* ""* ^^''""^e a , uSn'*^t'"*^"^« ^ 
 
 ^oole, 19 Q. B. D 60" T?" .'^^'' also Jie. T\J' ^''">belh 
 
 h a8 fuel is necessarT "'*"""* '^^Ple^^^^^^ 
 [forthepurposeof SZ'i^'"'"." "'.'^y throw Tood'w ^A'*' 
 fre a reasonable time So^K * ''^''^^'^ ">*« his honl 1 '?^? ">« 
 
 t 
 
 ' , «( 
 
 
434 
 
 of streets, 
 etc. 
 
 ^liiiii 
 
 & ^-^ 
 
 1 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 496 2" 
 
 of any road, street, square, alley, lane, bridge or other 
 munication ; 
 
 com. 
 
 'till 
 
 time, ty 
 iijorougli, 
 
 V. Panxmore, 1 Serg. & K. (Pa.) 217 ; approved in Peopk v Cm, ■ . 
 ham, 1 Denio. (N.Y.) 524; Clark v. Fry, 8 Ohio 358-374 ".T/";'/ 
 V. JVew York, 3 Bosm-. (N.Y.) 483; Wood v. Mears lo i^A M 
 0' Linda v. Lothrop, 21 Pick. (Mass.) 292. "A cart or waggj," J 
 be unloaded at a gateway, but this must be done with prorant 
 So as to the repairing of a house: the public must submit tif^" 
 inconvenience occasioned necessarily in repairing the house- 
 if this inconvenience is prolonged for an unreasonahle 
 public have a right to complain." Per Lord Ellenk 
 Rex V. Jones, 3 Camp. 231 ; see also Thorpe v. Brumfii.r^\'[ 
 Ciiy. 650. A man has no right to eke out the inconvenience 
 his own premises by taking the public highway into his timJ 
 yard, lb.; oi ■'tone yai'd. CunhhKj v. Adamtf, 18 Pick. (Mass)liiii 
 Commonwealth w King, 13 Mete. (Mass.) 115. A highway is not i 
 be used as a st.-ble-yard. Rsx v. Crox<. 3 Camp. 224 • sii il 
 Ridley v. Lamb, 10 U. C. Q. B. 354 ; see further Matt v. SrhouN 
 L. R. 20 Eq. 22, or as a place for the deposit of a cart and maclii 
 ery for the purpose of taking photographic likenesses. jRea. v Dni 
 24 U. C. C. P. 575. Or a projecting show board. Bead v. PerJ 
 1 Ex. D. 349 ; see further, Oriijinnl Hartlepool VolUer'm Co. \ d 
 5 Ch. D. 713. A stage coach may set down or take up passeii'-ierj 
 the street, this being necessary for public convenience, but it n 
 be done in a reasonable time. Hex v. Croi'<, 2 Camp. 224. Sol 
 as the alleged obstruction is for the public convenience there caul 
 no reasonable ground of complaint. Jiex v. Rnswll, 6 B. & C, a 
 but see Bex v. Ward, 4 A. & E. 384. A railway company liasl 
 right to turn a highway into a yard for cars. I'an^ v. Urand m 
 R. W. Co., 23 U. C. 0. P. 114 ; see also Harris v. J/oWw, 3E.\. D.l 
 A man has no right to occupy one side of a street before iiis 
 houses, in loading and unloading his waggons, for several hours i 
 time, both day and night, so that no carriage can pass ou thatsiJ 
 the street, although tliere be room for two carriages to pass oJ 
 opposite side of the street. Rex v. Russell, G East. 427, Ifal 
 does anything or permits anything oi\ his premises in view oj 
 public, and crowds of persons are thereby attracted to it, tq 
 inconvenience of the public, that thing he cannot be alloweii t 
 A bookseller in Fleet street took out the frames of his lirstj 
 windows, and put figures into the windows. These tigiues attij 
 such crowds to gaze at them that the bookseller was convica 
 obstructing the highway. Rex v. Carlile, 6 C. & P. 636. At| 
 ing and keeping crowds of people an unreasonable time by real 
 speeches may subject to prosecution. Rex v. 'Sarmon, 1 , 
 51(5; Barker v. Commonwealth, 19 Pa. St. 412. Where the; 
 right of the owner of a house adjoining a highway to access trJ 
 house to the highway is interfered with by an unreasonable] 
 the highway, lie is entitled to recover damages from tlie wroni 
 in respect of loss of custom in the business which he carries oi^ 
 house. He is entitled also to recover damages on the ground! 
 has sufifered a particular injury from a public nuisance. 
 Hobson, 14 Ch. D. 542. The right of a landowner to use aj 
 highway, e. ij., for the purpose of bringing materials for the I 
 
 , m 28.] 
 
 2S. 
 
 For div 
 
 other 
 
 jpver any road 
 
 or 
 
 wim, 
 
 when ( 
 
 U 
 
 tihoSf. 
 
 Wion beyoiid a sul 
 ^%^'2Q-«. 528; 
 
 ^- ^- S. 5QQ .1 
 
 '«^- "'here an 
 
s, m 28.] 
 
 DOOR-STEPS. 
 
 435 
 
 43 
 
 ■IS. For directing the removal of door «?f« 
 
 ,.,, or other erections, or obstructions T^^' f'?^'^^es, rail- Removal of 
 
 er any road or other public oommrniSt^f) at^^^^^^ 
 
 faiioiiseon his land must be exernioo^T ~ ~ — 
 
 .era! ways of access to the land there is ^^^^^^ ^^ ^^^'^ ^^e 
 le most convenient way excliisivelv w.V^ \ absolute right to i,« 
 « of neighbouring Jandowners!^ Jh^'f ''^^''^ *° thf coL^ven 
 liclMvere partly on a road allowance and m?5ff " "^^^ ^^d mills 
 the waters of which the mills were worke^d i^ ''I* '? ,P"Wic river 
 ch a rightful interest as to entitip h ;»,*"' ^^» held not tn »,» , 
 the river. Oiky. Can^.^e^tlohZ't^^^^^ 
 » has no power to order the construction nf"^ ""micipal corpora 
 (hepnncpal streets in the nninic"Stv1>r'^'^ «cales oJone 
 int 129 ; or to authorize a cab atancl Zt^' ^^'"« V- Cornw,y// of 
 ^tas to be a nuisance to ad-" ' W L*° ^^ «« stationed on a « lll^ 
 
 'lane of Cifton. TT n n o "^ Proprietors. /„ " "" a.P«blie 
 
 ...... by by-law to determine to wbl ft P""^^*" over street7''ho^ 
 
 tees they may be encumbered wSffn^* ^""^ «"der what c,f 
 fe«™, 12 Ind 515; but see ?J/ J ^"J^'^^"^ "materials fe 
 a by-law will protect parties aotL ^2'^-^tronf,, jq Ind iq, 
 
 k 10 Alien (Mass.) 88. ""^ '*"«"y ^''^^rved l^^,^ 
 
 lOraers or occupiers of houses abnff 
 
 Ikea reasonable use of the street Wn^ T '*^^«*« have a ri^hf 
 
 Iws and opening upon the street \,idlK°"'"« ^^'^th doors 'm 
 Iffienopen, m the absence nf n '^"".^""tters proiectinV, '11^" 
 
 [held not unreasonable Ll.^ ^'*^*"*« or by-lZ . "1 » "^^ 
 
 trehes, railings or otTereTeeS; "''"*!"« *^« re«oS of d?'"' 
 (over any road, &c. See /7 a* "^ °^ obstructions '' JL • .•"*'■ 
 f . Strictly 'speaking: to^oii: h ^''' ""^'^ ^ C:tl^ 
 
 h«<''^ beyond a subs3..^-„?^«'''-r. 16 C 'r ^2^ S 209." 
 
 r«fn beyond a subsUnVallf^^^^^^ ]^ C.^R ^ S 2nQ- 
 
 p 
 
 vm 
 
 if 
 
 ^' * ^T M 
 
 r 
 
 r 'j^ 
 
 1 
 
 1 
 
 'IS* 
 
 1 
 
 '■.:i 
 
 t 
 
 1 5 
 
 1 
 
 
 ' 1 
 
 1 i ' ^ 
 
 } 
 
 ' , !« 
 
 
 
 
 W M 
 
 i it Iff 
 
 J HUUil 
 
 .' 
 
 iittr«ii«it 
 
436 
 
 Numbering 
 houses, etc. 
 
 THE MUNICIPAL MANUAL. [s. 496 9 J 
 
 expense of the proprietor or occupant of the i)roD rf 
 nected with which such projections are found. ^''"'' 
 
 Numbering Bouses and Lots, 
 
 29. For numbering the houses and lots along tbe st 
 the municipality, and for aflSxing tbe numbers tothpli 
 buildings, or other erections along the streets a Tj 
 
 ing to a specified plan and according to the Metropolitan 1^ iiJ 
 Acts, commenced building according to the plan, winch wa J 
 particulars in contravention of the Building Acts, and m '"kJ 
 cautioned by the board stopped building and refused to 
 Held that he was bound to rebuild in conformity with tf"*? 
 modified so as to meet the requirements of the Acta Cvhiit / 
 11 L. T. N. S. 298. By-laws were made by the local board'JI 
 derland, under the English Public Health Act, 1848, s. 115 jT 
 Local Government Act, s. 34, by one of which (No. I2)'n 
 walls except in houses of one storey, were required, under a 
 of 408. , to be nine inches at least in thickness, and bv an fu 
 which (No. 42) it was provided " That in case any oflFenceZ!! 
 of the foregoing by-laws shall c utinue, the person offendiiiBsl 
 liable to further penalty not exceeding 40s. for each dav 
 which such ofifence shall continue after written notice of the 
 has been given by the local board to the offender." A perso" I 
 ing been convicted and fined for an offence against the hv-hX 
 12, in building a party-wall four and a half inches in thicbes 
 stead of nine inches, was convicted upon an information cb 
 him, under by-law No. 42, with continuing the oflfence and 
 fined. Held, that suffering the party- wall to remain unaltered 
 not a continuing offence within by-law No. 42, or if it was tti 
 by-law was unreasonable— the appropriate remedy being the rei 
 of the structure by the board, as authorized by sec. 34 of the! 
 Government Act, 1858. Marnhall v. Smith, L. R. 8 C. P, Hi 
 further. Hall v. Nixon, L. R. 10 Q. B. 152 ; see also I 
 havi V. Mayor, d'C, of Manchester, L. R. IOC. P. 249. Bvi 
 of the Metropolitan Local Management Amendment Act tin 
 tion, without the consent of the Metropolitan Board of ' 
 of any building, &c., in any street, &c. , beyond the general j 
 buildings, is prohibited ; and it is enacted that for any infrini 
 of that provision, the vestry or board may summon the 
 before a Justice who may order the demolition of the buildin 
 make an order as to costs ; and that on default of the on 
 vestry or board may enter and demolish it. And sec, 
 that "no person shall be liable for the payment of any p4 
 forfeiture under the recited Acts, or that Act, for any offeii 
 cognizable before a .Justice, unless the complaint respecti 
 offence have been made before such Justice within six moiili 
 after the commission or discovery of such offence." H 
 limitation clause applied only to the case of pecuniary peiu 
 forfeitures, and not to offences under sec. 75. Vesb-yof Bm 
 v. Johnson, L. R. 8 0. P. 441 ; see further, ComimrcMl 
 Cotton, 17 U. C. C. P. 214, 447. 
 
 IVost of the precec 
 per of thti council 
 [lii the discretioua 
 11 are obligatory. 
 Ijparecord of the 
 Jiiere are cases w 
 Icontext, be coiistil 
 ^Jiake V. Poui 
 lOo; lieg. V. 2'it\ 
 [sub-section is to 
 [streets in the san^ 
 p the same street \ 
 Y^'m^olitan Boa\ 
 
 general rule is, til 
 Nithout the niakl 
 fj; but the intf 
 F. tnat no provisioj 
 t^^ section has beej 
 pWe changing of i 
 
 kortJiecoaveniel 
 
[8.4%28.^R496 31(4] 
 
 NAMING STREETS. 
 
 437 
 
 fetaiices 
 
 (t the owner or occupant of each house or lot with the 
 tf ensTincident to the numbering of the same. 
 
 .A For keeping (and every such council is hereby requir- R«°«'d of ^ 
 
 ke and keep) (b) a record of the streets and numbers burs, etc. 
 
 th "houses and lots numbered thereon respectively, and 
 
 ! L thereon, and every such council is hereby required 
 
 f " tliereon a division of the streets with bouudaries and 
 
 Ites for public inspection. 46 V. c. 18, s. 496 (32-35). 
 
 Naming Streets. 
 
 31 For surveying, settling, and marking the boundary FojmarWng 
 of all streets, roads, and other public communications, daries of and 
 L -riving names thereto, (c) and affixing such names at "^I^Z^k^. 
 , corners thereof, on either public or private property ; but 
 ibv-law for altering the name of any street, square, road, 
 or other public communication, shall have any force or 
 let unless passed by a vote in favour thereof of at least three- 
 ttlis of the whole council, nor unless and until the by-law 
 Ibeen registered in the registry office of the reg" try divi- 
 V andtlie registrar shall be entitled to a fee of $ I for 
 Iv by-law so registered, and for the necessary entries and 
 iates in connection therewith ; 46 V. c. 18, s. 496 (36); 
 ^.'c.39,s. 18. 
 Every by-law changing the name of a street in a city 
 or town shall state the reasons for the change, and 
 
 Jlost of the preceding sub-sections are discretionary. It is hi 
 Kier of the council to refrain from exercising the powers con- 
 linthe discretionary sections, but the provisions of this sub- 
 lare oMigatory. Every council is " hereby required " to make 
 KB a record of the streets and numbers, &c., for public inspec- 
 ['Ibereare cases where even the word "may " should, looking 
 Icontext, be construed as imperative. See Rex v. Barlow, 2 
 Blake v. PowiU, 'J E. & B. 210 ; AlcDovgall v. Paterson, 
 , (35 ; I>eg, v. Tithe Commissioners, 14 Q. B. 459. The object 
 [subsection is to avoid the inconvenience either of having 
 [streets in the same municipality of the same name, or several 
 ithe same street of the same number. See per Willes, J., in 
 hdropolltan Board of Works, 12 C. B. N. S. 167. 
 
 b general rule is, that there can bene interference with private 
 f without the making of due compensation see sec. 483 and 
 |ereto ; but the interference here sanctioned is of so trivial a 
 jr,that no provision as to compensation is made. The latter 
 k section has been added to prevent abuse arising from the 
 able changing of street names without regard to historical 
 bn, or the convenience of persons in Identifying property. 
 

 
 438 
 
 THE MUNICIPAL MANUAL. h 49c o, J 
 
 shall be expressed to be subject to the ann 
 the County Judge, and the same shall no?? 
 effect unless afterwards so approved. 
 
 (b) The Judge, on an application by or on behalf (i 
 
 municipal council, shall name a day hou 
 place for considering the same, and for'hearino 
 advocates of the change, and persons who 
 deem themselves aggrieved thereby andiiavJ 
 to be heard, and any other persons the JniJ 
 think fit. "®' 
 
 (c) A copy of the by-law and of the Judge's apn 
 
 ment shall be served on the registrar or lU 
 registrar of the registry division at least two , 
 before the time named, and shall be pubHshej 
 in the Ontario Gazette at least two weeks 
 the time so named, and at least weekly forJ 
 weeks in such other newspaper or newspan 
 the Judge directs. 
 
 (c^) If the Judge approves of the change he shall ( 
 to that effect, and his certificate shall he file 
 the by-law in the registry office of the 
 division in which the territory lies. The i 
 shall lake effect from the date oftherefni 
 of the certificate and not befort 50 V. c. 'ffl 
 
 \m32.] 
 
 U levels to be 
 
 Irs; 
 
 Levels of Cellars — Plans. 
 
 Ascertaining 32. For ascertaining and compelling owners, teiij 
 ceiiars,''etc. occupants, to furnish the council with the levels of t| 
 heretofore dug or constructed, or which niayhereafta 
 or constructed along the streets of the municip^ 
 
 (d) It has been held that authority to a municipal corpo 
 repair and keep in order its streets," enabled the corporal 
 out special grant, to construct drains and sewers. Se«i 
 Municipal Corporations, 3rd ed. seu. 806. So it has 
 tn Massachusetts, that authority "to make needful! 
 tary by-laws," or perhaps authority "to make reg 
 the public health," in the absence of more specitic pd 
 enable a city corporation to construct a common sewer, \ 
 the owners of land abutting, and who use the sewer to ( 
 foi expenditure. Bo>^ton v. Shaw, 1 Mete. (Mass.) 130 j 
 held that the assessment in respect thereto was valid, 1 
 greater part of one lot assessed was lower than the 
 sewer, as it might and probably would be graded so as 
 much benefit as other lots. Downer v. Boston, 7 Cash, (1 
 
 towflow ran into th 
 
 T"e construction' of , 
 «ofeartb be thrown, 
 h^'-d and water 
 
b-m^\i^mm32.] 
 
 LEVELS OF CELLARS. 
 
 L levels to be Avith reference to a hn. « , 
 
 h ^'^'^ ^^ed by the by. 
 
 439 
 
 tors, instead of the? private JV -^ *heir own w«».) "'*«e 
 [faretion. Besides the in ""^'^ «ewer and m \ "L'^ "«* do 
 Uould suffer fro.^ «tl a" ^^1^,"'^"-^^^^ S? ^* 
 
 Uce exists. It seems a " "*" ^^««« preSe«Ti? "'"' ^«- 
 .™t,on to keep the SteVirtr^^ P^^^^^^' Sore' T"'^ «^ 
 Fation does for such son^^ "' °^" hands P '.{?*■ «"ch 
 [tie drains they requiil . ^"""f^^^s Preven? nL ^"* ^'^^n. » 
 «por.^tion engineer ^nd . ""^^'^^ them to hn?".l*^''« f''^'" 
 ^that the corporation ,hrS^"*°''«' ^tis maniS,*^^'" ''««« 
 »be. ^rRobinso*; J^f ^^ *^^^t the wS f,^^ J"«t and 
 
 ^mtmtors as not to carry off .^"^ ««n«tructed bv th ^^ ^' 
 le mam sewer into pkinf ff^ off the water, bnf f ^ "® <^or- 
 ,J,itwas held t^at he '!'"1h''^hich\rmo°^^^^^ 
 lecove^yof substantial dTl ^"*'"«d *<> surtji^^' *»« ^ad 
 lof the drain wa8 proved "^^«««' though no bv I "'"■^r^^^" 
 pwiport, 20 Am. 622 • ?,« V* ^^« ^"rther V^r^"^ ^^^ *he 
 |.^ort^«to«, 35 Mich '^of ^- ^'«« W. fii'^^f"i^• n. 
 ItoMtructed.wasnott''''- 2^6. So where /h ? -^- ^- 295; 
 
 N earth be thrown n„ ZT ^^ ««rporation ^i^' ?*'• 256. " 
 
iff 
 
 hi 
 
 ]'i 
 
 ,i im 
 
 
 440 
 
 THE MUNICIPAL MANUAL. 
 
 [«• 496 33, 
 33. For compelling to be deposited with an officer 
 named in the by-law, before commencinj? the erectinn '« 
 gfoSa^n of building, a ground or block plan of such builcUn. !> J^" 
 
 Compelling 
 the furnish- 
 ing of 
 
 buiidiugflto levels of the cellars and basements thereof /A»,ii.\ , 
 
 be erected. , ,. n ^ -u j.i i i m -.-^ ' ^ ' "'tti i-pf,,,, 
 
 ence to a line fixed by the by-laws ; 46 V c 18 «! iqc /o 
 38). ■ ' ^^ (3' 
 
 is entitled to sue the corporation for damages. Farrpll t 
 12 U. C. Q. B. .343 ; see also Jone.s v. Bird, 5 B. & 41 sq? T"""'i 
 New River Co., 6 C. & P. 754 ; Giocers' Co. v. Dome \k T'A 
 34 ; Coe v. IFwe, 7 B. & S. 831 ; but see Ward v Lee - ^ .^-^^' ^^ 
 Clothier v. Webster, 12 C. B. N. S. 790. — 
 
 con.j 
 partvl 
 
 m- -, . E. &'E. 42fi! 
 ere a private drain 
 nectinc,' with a street drain was obstructed by the act ot a thirl 
 and there was no complaint as to the construction or suffici >^ 
 the street drain, and when the plaintiff though aware of the h'^^'^l 
 tion did not give any notice to the corporation of the existence'tf ™'e 
 it was held that the corporation was not liable. McCunkeu v 'ft i^A 
 11 O. II. 332, followed in Welsh v. St. Catharines, 13 0. R. 369 W I] 
 out positive legislation a grave doubt may he expressed ast tki 
 absolute right of the conservators of a highway to flood a man' 1 J 
 and destroy his property, even if no other method of drainat I 
 attainable. Per Hagarty, J., in Perdue and Chinf/uncoimi 2o\ i 
 Q. B. 01, 6;"), 66 : "I oannot conceive what right they (a'townsVl 
 council) can have to drain all the surface waters of that townslii 
 of any particular area up against the laud of another, and tod''" 
 it in part, or altogether to the destruction of his farm,'althou<'h?li] 
 may have done their work in the most skilful and scientific man 1 
 and althoufjh it may have been absolutely necessary to drain in tM 
 manner for the making of a good road." Per Wilson J in Pm 
 Eochestn; 29 U. C. Q. B. 590-59.5. The plaintiff's 'land was L 
 flowed bv the water of a stream which was the natural drain for « 
 surrounding country, but the defendants used it to !i small extent 1 
 the drainage of the town. It was found that the floodini' wouLln 
 have been occasioned by the water brouglit down throiicli 
 defendants user of the stream, but that water brought down frantl 
 area drained apart from the defendants user would have alone caiii 
 the damage. Held, that the defendants were not liable. hA 
 Niai/ara Falls, Q O. R. 467. A municipal corporation can ae 
 the right to turn a stream of water upon the lands of another toll 
 injury thereof, only by an exercise of eminent domain. Pi'tliiir>\ 
 Er'insrille, 23 Wis. 223 ; 3 Am. 50 ; see also Smith v. Wai'm 
 20 How. (U. S.) 135; Hildreth v. Loivell, 11 Gray (Mass.) 
 Stainton v. Metropolitan Board of Works, 23 Beav. 225 ; .3 Jur. .YJ 
 257 ; Caton v. Lewisham, 5 B. & S. 115 ; Aurora v. Reed, ll.4n 
 Bii'ii-ia V. St. Joseph, Ih. 463 ; Darby v. Orowland, .38 U, C'.Q,B.J 
 Coffhlan V. City of Ottawa, 1 App. R. 54; Hoj/t v. ffwlmji 
 Eep. 473; Lnler v. Sprinnfiekl, 55 Mo. 119; Kohsw Miiimapdil 
 Min. 159. ^ 
 
 (e) Under sec. 76 of the Metropolis Local Management Act, ij 
 19 Vict. c. 120, every person, before beginning to lay ore 
 foundation of any new house or building, &c., is required to j 
 seven days' notice in writing to the vestry, &c. The same s 
 
s, 496 34.] 
 
 SEWERAGE RENT. 
 
 Sewerage and Drainage. 
 
 441 
 
 34. For charging all persons who own m- occupy property J;^'/"!;:* 
 hicii is drained into a common sewer, or which by any by- fowers. 
 1 w of the council is required to be drained into such sewer, 
 /A with a reasonable rent for the use of the same ; and for 
 
 "des that every such foundation shall be laid at such level as will 
 IP"'*''. iUo .irninaffe of such house or building in compliance with the 
 n J „n,. as Mic »-....,, "-. , ., such drain 
 
 tthe drainage of such house or building in compliance 
 f""' d as the vestry, &c., shall order ; also that every su 
 I h 11 be made in such direction, manner and form, and of such mate- 
 r 1 and workmanship, and with such branches thereto, and as the 
 l^v *r shall order; and that if the house, building or drain, &c.. 
 
 |!fjj,m 'erected, made or provided in any respect contrary to the 
 x!ler°of the vestry, &o., it shall be lawful for the vestry, &o., to 
 . snch house or building to be demoHshed, &c. It was held that 
 here was no power to denolish without first giving the party guilty 
 L(»i,D nmisaion an opportunity to be heard. Cooper v. Board of Work-i 
 V^lZuworth Didrirf., 14 C. B. N, S. 180. No man shall be con- 
 letnued in person or property without an opportunity of being heard 
 L hU defence See Bex v. Camhridge, 1 Str. 557 ; Jfex v. Beim, 6 
 I R 198; Harper v. Carr, 7 T. R. 270; Oapelv. Child, 2 C. & J. 558; 
 Sammondv. Bciidijxhf., 13 Q. B. 869; Painter v. Liverpool OilGaiCo., 
 \k k E. 433 ! ^'^'^ Hammer f<mith Case, 4 Ex. 87. Such condemna- 
 kffoulil be contrary to the principles of natural justice. Bullen v. 
 Lr/iV 13 U C. C. P. 12tj ; affirmed. Ponton v. Bullen, 2 E. & A. 
 sUttr V. Brown, 20 U. C. C. P. 193 ; Rer,. v. Che>ihire Line's 
 fcrnmiV/ec, L. R. 8 Q. B. 344; see also 3 F. & F. 548, et seq., note. 
 Ihe objection for want of notice can never be got over. The laws of 
 land man both give the party an opportunity to make his defence if 
 Ihasany. I remember to have heard it observed by a very learned 
 upon such an occasion, that even God himself did not pass 
 fctence upon Adam before he was called upon to make his defence. 
 Id.iin (says God) where art thoiiT Hast thou eaten of the 
 jwiiereof I commanded thee that thcu shouldst not eat?' And 
 same question was put to Eve also." Per Fortescue, J., in 
 twCambri'lgp, I Str. 566, cited by Byles, J., in Cooper v. Board 
 Vo'rb for Wandsworth District, 14 C. B. N S. 195 ; Ruther,;ords' 
 t, 13 Am. 655 ; Loveriuff v. Davmon, L. R. 10 C. P. 711. The 18 
 SI Viet. cap. 120, was held not to apply to a case of the mere re- 
 al of a building. Major V. Park Lane Co., L. R, 2 Eq. ■*'='* 
 
 453. 
 
 1 The power is to charge not only all persons who own or occupy 
 
 terty which is drained into a common sewer, but *' ivhich, by any 
 
 tn- of the council, is required to be drained into such aewer," 
 
 her drained or not. In l^higland it has been held that all persons 
 
 ! property derives any advantage from the works of commis- 
 
 I of sewers, may be assessed in respect of that property. 
 
 I V. iVihon, 3 A. & E. 248. Where a district within one coin- 
 
 fin of sewers was divided into separate levels, each drained by a 
 
 »te line of sewers and deriving no benefit from the sewers in the 
 
 each level was required to be separately rated. Beg. v. 
 
 • HamkU Commissioners, 9 B. & C. 517. And it was held that 
 
 |n:ty sued might shew, notwithstanding the decision of the com- 
 
 56 
 
442 
 
 Acquiring 
 land ill 
 another 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 496 34. 
 
 regulating the time or times and manner in wliJM. *i 
 
 is to be paid; "'"^" the same , 
 
 35. For accepting or purchasing any land i 
 
 "^ «nyotl)erj 
 
 municipality which may be required for nrpvpnfj/ 
 municipuiity ,,•,.„ J^„ /.. i„.«.........,i ..ni„„^ .. „ Preventing such| 
 
 iiiigj 
 
 uch 
 
 village, and for providing an outlet for such waters^tl '* u 
 
 for drainlig/ ci*y, town or incorporated village, or any part thereof r i 
 purposes, flooded by the surface or other waters flowing IVoiu '*"! 
 other municipality into such city, town or inborn 
 
 Proviso. 
 
 ice( 
 also heii 
 
 any other municipality, and for opening, making, ])reseivi 
 and improving drains, sewers and water-courses^in the !• 1 1 
 so acquired ; Provided always that the consent of the ni' ' 
 cipality in which the lands to be taken are situate shall hi 
 obtained before the powers conferred by this sub f 
 shall be exercised ; 46 V. c. 18, s. 496 (42, 43). "' 
 
 User of Streets. 
 
 tec^on"" 36. For regulating the conveyance of traffic in the public 
 wwto oT"' ^*''^^^« (^) «^^ *^® ^^^^^ ^^ ^^^ ^i'^es and wheels of alj 
 
 missioners, that he derived no benefit from the sewer as a defen- 
 the action. St'ajf'ord v. Camston, 2 B. & B. 691. It was also 
 under the English Acts that it was not alone sufficient to iustifv 
 assessment to the sewer rate that the property should derive sol 
 benefit from the drainage ; but it was also necessary that there slioiil 
 be an occupier of the property assessed. Neave v. Weathtr 3 fl 
 984 ; Tracey v. Taylor, lb., 966. A tenement in the Kings Doc] 
 yard, deriving a benefit from public sewers, and occupied by 
 officer of the Government paying no rent, was held subject to sewi 
 age rate. Nethertonv. Worrf, 3 B. & Al. 21. ThepoweristocliarL 
 " a reasonable rent for the use of " the sewer. An amercement oni 
 township generally, and a distress on one of the parties liable, I 
 commissioners of sewers, was held good. J'anisny v. Nm-naheil 
 A. & E. 383. But it was held that no distress could be levied fl 
 any such purpose within the precincts of a royal palace, occupied j 
 the residence of the Sovereign. Attorney-Oenerul v. Donahlmv 
 M. & W. 117. The owner or occupier of property drained, on 
 quired to be drained, by a sewerage by-law, may legally be a) 
 to commute by paying a fixed sum in gross, in discharge of the aiuil 
 rental. In re McCtUchon v. Toronto, 22 U. 0. Q. B. 613. 
 charge is a personal one. Smoyer v. Vestry of Pcuiaington, L '^\ 
 Q. B. 164 ; VPMtry of St Oihn, Camberwell v. Weller, lb. 168 
 Sheffield v. Board of Works, 1 Ex. D. 395 ; Board of Wo'ihy. (/« 
 win, lb. 400 ; see further, note a to sub-s. -iS of sec. 4B9. 
 
 (n) It would seem that the municipal council may pass by-Jaj 
 regulating the rate of speed allowable in the public streets, the ro| 
 over which omnibuses may pass, and the time of day at which ] 
 ticular streets may be used for particular purposes. CommouKfi 
 V. Stodder, 2 Cush. (Mass.) 562 ; Commonwealth v. Robertson, bCi 
 
 
I f.f. oy I USER OF STREETS. 
 
 I ii" les used for the conveyance of articles of burden, goods, 
 
 II or merchandise, (o) and for prohibiting heavy traffic, 
 I *'lthe driving of cattle, sheep, pigs, and other animals in 
 
 "•t in public streets and places to be named in the by-law; 
 
 ;V.c, 32,8.14. 
 
 37 For prohibiting or regulating the practice of coasting 
 raning on the public streets ; (p) 48 V. c. 39, s. 1 9. 
 
 443 
 
 •tobogg 
 
 ]438- VamlerUlt v, Adams, 7 Cowen (N.Y.) 349-.352 ; Waah- 
 !'v A'a4W//e, 1 Swan. (Tenn.)177. They may pass by-laws regu- 
 ihfi removal of buildings, and the temporary use of the streets for 
 Juurpose. Day v. Oreen, 4 Gush. ( Mass. ) 433-437. They may pre- 
 
 Lt the unnecessary obstruction of streets and crossings by railway 
 
 Dam V. iVew York, 14 N. Y. 606 ; and also prohibit the use of 
 
 ' ^lul reculftte the speed of such cars. Dcmnaher v. State, 8 
 
 ^T\lar (Xliss.) 649 ; Railroad Co. v. Buffalo, 6 Hill (N.Y.) 209 ; 
 
 tl( V LmjMmdR. W. Co., 13 Barb. (N.Y.) 646, unless there 
 
 kiomething in the special charter of the company or general law of 
 
 Llamlto the contrary. Slate v. Jvrney Cifi/, 5 Dutch. (N.J.) 170. 
 
 kEufflancl legislative sanction is necessary to enable a company to 
 f the streets for a horse or street railway. Reg. v. Train, 
 
 ■ill 180 • Qalhreath v. Armour, 4 Bell App. 0. 374 : see also Reij. 
 
 |Cm('o,,'2E. & E. 651: Reg. v. Oharlemvorth, 16 Q. B. 1012. So 
 
 Ithe United States. Bodon v. Rkhardnon, 13 Allen (Mass.) 146; 
 uEalh-oadOo. v. Memphis, 4 Cold w. (Tenn.)406. The legislature 
 I authorize municipal councils to give or withhold an absolute 
 at to such a use of their streets, or provide for use on certain con-' 
 JOBS, See Dillon on Municipal Corporations, 3rd ed., sec. 719. But 
 !ck authority to a company to carry passengers over the streets of 
 
 ttvcioes not exempt tlie company from a certain amount of muni- 
 Ucoutrol in the conduct of its business. Franhford Passenger Co. 
 ifklphia, 58 Pa. St. 119; State v. Herod, 29 Iowa 123; City 
 )lmd Ci). V. Loii'isvlUe, 4 Bush (Ky. ) 478. County councils are 
 keipressly empowered to provide by by-law for the making of a 
 lie track during the season '. sleighing. Rev. Stat. c. 197 ; see 
 gemote;* to sub-s. 27 of this section. 
 
 ) A by-law of a town regulating the width of tires but exempting 
 J operation any wagffon conveying lumber or goods from the 
 lor manufactory thereoif if distant from the town more than two 
 Bor any person passing through the town with vehicles loaded 
 [the said articles was held bad as discriminating against residents 
 etown. Reg. v. Pipe, 1 0. B. 43. See as to wheels of traction 
 kesRev. Stat. c. 200, s. 4, 
 
 I In the United States attempts have been made to charge 
 
 1 corporations with liability for injuries sustained by reason 
 
 Bting upon streets. Two classes of cases arise (a) where the 
 
 Jery is sought on general ground that coasting renders the street 
 
 1 80 is a defect which the city should remedy. Upon this 
 
 i in several of the States that no such liability exists. See 
 
 berv. Axmra, 35 Ind. 130 ; Shepherd v. Chelsea, 4 Allen 113 ; 
 
 [V, Jew Bedford, 129 Mass. 534; Hutchinson v. Concord, 41 
 

 44i 
 
 THE MUNICIPAL MANUAL. 
 Cab Stands. 
 
 [». 
 
 CHbHtand!). 
 
 ProTi«o. 
 
 38. For authorizing and for assigning stands for 
 kept for hire on the public streets and places (n)'"^"u 
 authorizing the erection and niaintenanc(! of covered "t 
 or booths on the streets, highways and i)ublic places f ^^i 
 protection and shelter of the driveis of snch vehiclps P 
 vided that no such booth or covered stand shall be i 
 upon any sidewalk without the previouH consent /ly 
 owner or lessee of the property fronting, abutting or [i 
 ing such stand or booth ; ' '"■ 
 
 Telegraph PoIuh. 
 
 IS'*^^ 3^- ^o^ i-egulating the erection and maintenance of i 
 graph and telephone poles and wires within their Hnjit 
 
 '^:m 
 
 
 0, 
 
 583,1 
 
 Vt. 271 ; liny v. Manchester, 4fi N. H. 59 ; Lafayettr v 'nJ{l 
 88 Intl. 330 ; Calwdl v. liooiie, 51 lowa 687. In I'milkmrA^ 
 it was also held that the city would neither he liiii)le beeaiis '"3 
 failure to prohibit coasting by ordinance, nor for the failure 
 officers to enforce an ordinance prohibiting coasting on stieetg 
 Where the city Hcenses coasting Rcnerally, or sets aside parti 
 streets for that pur£jose. In such cases it is eougbt tochari' 
 corporation as having licensed a nuisance. In lialtmon v 
 riott, 9 Md. 160, the city was held liable on that ground 
 Shult-^ V. Ali/u'tttik-ec, 40 Wis. 254, is a (bctuni to the sam« 
 The contrary was held in Burford v. G'raud Baphii, is \ 
 Rep. 571 ; 29 Alb. L. J. 263; Steele v. Boston, 128 Ma88.*oi 
 Mortill oil Negligence in the case of Highways 160. 
 
 (q) When it was admitted that a by-law was within tiie powi 
 the council under this provision the court refused to quash ti 
 law on the ground alleged that the stand interfered witii the vi( 
 the falls from the hotel ; that the manure was offensive and tin 
 of the hackmen a nuisance, these being matters of municipal 
 tion. Colborne v. Town of Nimjara I'alh, 9 O.^R. 168. 
 
 {>•) This sub-section was introduced in 1881 by 44 Vict. c.2ii 
 There are two general Acts respecting telegrapli companiesl 
 att'ect this province, one a Dominion Act (K. S. C. c. 132) J 
 other an Ontario Act (Rev. Stat. c. 158). Both these jlc| 
 general powers to carry the lines along public roads and hig| 
 and to erect necessary fixtures, including posts, &c., for 1 
 provided the same are not so con.structed as to "inooimnJ 
 public use of such roads or highways, or to impede the free J 
 any house or other building erected in the vicinity of the] 
 The Dominion Act expressly provides that the word "tela 
 shall not be held to Include the word "telephone." Sec. if 
 difficult to say how far the municipal authority can regi 
 erection of telegraph poles ; but with respect to telephone ] 
 case is diflferent. The Bell Telephone Co. was incorporate 
 Vic. c. 67 (D.) for the purpose of establishing lines in sev^ 
 
 , but not of coiin 
 nor was the under 
 'Canada or of two 
 I the absence of tii 
 
 [era right to erect 
 • %. v. Mohr, 
 
 lenceofthifldecis 
 iture, by 45 V. c. ' 
 
 M sides of and aci 
 
 restrictions and si 
 
 cities, towns, and 
 
 iconsentofthe m. 
 
 mlmlk Electric I 
 
 fis section applies 
 < on articles brouii 
 ™ on the mark 
 
 |1m2. but have bee 
 f'MDoteitosec 
 
445 
 
 I iiJ IJ HARKET8. 
 
 Children Riding behind Vehicles. 
 
 JO, i'or preventing children from 'I* 
 
 cars, or behind waggons and other v«JI? .^^^ *^® JJlatforni I'rofenting 
 .ting accidents arising from such cuut;^^^^^ ^^^ Vre-'^^^^C 
 
 l(i (4fi-48). ^^"«es ; 46 V. c. IS, g. b«hind *"«. 
 
 ^ ' Kona, etc. 
 
 Sale 0/ Tobacco. 
 \ II. For licensing and regulating the o 
 
 (.tores and shops (other tJian taverno ^'\®^^, '^"^J keepers KeKujaung 
 bses under The Liquor License Act^^^^ '^^^ ^^"Wing ['^^^ 
 rcigarettes are sold by retail, and for .?. *°?'^cco, cigars ,, „ 
 (tobacco, cigars and cigarettes to child rl'"/'"^' *''« ««!« ""* '"» "• 
 pteen years, except on the written ovL.^l!:^^^^^''^ 
 hrdian or employer of the child • ^® parent, 
 
 Impection of Bathing and Jioat Houses. 
 
 in 
 
 , ^ w ^^„wc aouses. 
 
 12, For inspecting public bathin» ho ■ 
 
 ^remises wholly or partly usedfor "h^f T"^ ^oat-ho uses inspection of 
 
 r PToT*^"^*!;« "«e thereof Ciw"!!. J^^^'p^^^^' S&r 
 
 bses. 50 V. c. 29, s. 28. "^egal or immoral 
 
 Markets, etc. 
 
 il7-(l) No municipality M shall ,-m«^ , 
 rket fee upon any wheat, barlev rl 'P"^'^' ^^""^ °^ *^«"«ct Market fe, 
 other grain, or upon any hay or^'otW seed T' "? V?"" P'<^-^" 
 lath or shingl es, or cord wood or other firewo Jum- "boiiahed. 
 
 k but not of connecting two or m^Zc '. ' — — 
 
 In™ the .mdertaking declared to befo^fr'' ^^ telephone 
 It nada or of two or more of the nrov^nn *^^ ^^,''^^aJ ^dvant- 
 \ the absence of these conditions tlf„ a x''®^ ' »»d it was Helrl 
 Peraright toeroct poles in tC treetf o ' I?-'*' ^'^ p'ofesst 
 f %: 7- ^o/«-, 7 Quebec Law r!« lao *'«^ *"^ towns, wl" 
 
 te4^ofand:^^PS^^^ct.a.^S^ 
 
 • restrict ons and siihin^f r; "^^^ *"y public hiahwav jir^ -f, '' 
 
 P»e*JSW^i- i« Which market fees are 
 J;n on the market p?aoe See L"'''^^"*^' ^'^d sold else 
 
 tef '^"« '"*^'^«t fees were''i.„n' ^V' ^-^^ -l«o to 
 i«»A but have been imnosed nni!! ""Posed prior to lOtfi 
 f and note h to sec. 603. ^"bsequent to that date? See 
 
! .. hi 
 
 i' ■Ml. * 
 
 
 
 m 
 
 !*■> 
 
 446 
 
 M'Imii feei 
 limy l)c 
 (.'liikrgfd on 
 
 bu' tlT, Utf., 
 brought to 
 market. 
 
 FeuH not to 
 be chiirf{«(l 
 (III articlHr 
 il<>liv«r«d in 
 purtiuaQce 
 i>f prior con- 
 tract. 
 
 When fees 
 not to be 
 charged, 
 though no 
 prior con- 
 tract 
 
 Roctrictioii 
 as to by-iaws 
 requirinK 
 articles to be 
 weighed or 
 nieaaured. 
 
 Limit of time 
 for enforced 
 sale of goods 
 at marlcct. 
 
 THE MUNICIPAL MANUAL. f». 49" /] 
 
 drPHMed liojrw, or choeso, or upon hay, Htraw oi- otlj,.,. e i 
 thut may bo brought to niarkot, or to th«j inaiknt nla. 
 sale or other dispoHul, or upon tho porHon luinifinir o iJ 
 vehicle in which the same is or Hliall be brought. 
 
 (2) No market fee shall be cimrged, lovi».(l, or xum^A J 
 on or in respect of butter, eggs or poultry broiij^ht tonmrli! 
 or upon the market place, for Hale, uuIghk a tonveiiitMit 
 fit place in which to offer or expose the sanic for shIr shall 
 provided by the municij)ality, which shall atl'ord shelter! 
 summer, and shelter and reauonable protection from tlie J 
 in winter. 
 
 (3) When the vendor of any article l)rouj,'lit within ti 
 municipality in pursuance of a prior cojitract for the 
 thereof, proceeds directly to the place of delivery theri 
 under such contract, without hawking the samo upon 
 streets or elsewhere in the municipality, it shall not be 
 ful to impose, levy or collect a market fee thereon or I 
 respect thereof, or on the vehicle in which tho same is I 
 brought. 
 
 (4) Where there is no pi'ior contract a.s mentioned ini 
 previous sub-section, no market fee shall be imposed, levi^ 
 or collected upon or in respect of any article brought i 
 any municipality after the hour of ten o'clock in the fj 
 noon, nor on or in respect of any vehicle in which 
 article is so brought, unless such article is ottered or exp 
 for sale upon the market place of the municipality. 
 
 (5) No by-law shr.U require hay, straw or other foi 
 td be weighed, or wood to be measured, where neither! 
 vendor nor purchaser desires to have the same so weii 
 or measured. 
 
 (6) After nine o'clock in the forenoon, between 
 day of April and the Ist day of November, and &M 
 o'clock in the forenoon, between the Ist day of ^'ove^ 
 and the 1st day of April, no person shall becompellej 
 remain on any market place with any article which hel 
 have been exposing or ottering for sale in such market j 
 but may, after the expiration of such hour, proceed t 
 such article elsewhere than in or on said market place;] 
 vided that such person has paid the market fee on j 
 respect of such article, or the vehicle in which the s 
 contained. 
 
 I m (I).] 
 
 {") So mar 
 [ki'^lier t/iaii tin 
 
 ('poji art! 
 
 ve/iicle 
 
 may Ijo i 
 
 Upon ai-tif! 
 
 vcliicio (1 
 
 rpoii (irticl 
 
 or in jiiiy 
 
 Upon or in i 
 
 tlio niaiki 
 
 Kvcry lioi'.'si;, 
 
 Kveryhcad ( 
 
 Every shepp, 
 
 (S) No tec Nimlj 
 Ibr ivein-liin-f or nn 
 
 For weighiwy 
 For \\'('i<;lnn>r 
 ai'ticlcs ox I 
 |'onn(i,s .... 
 
 Over one linnd 
 
 pounii.s. . . . 
 
 Over one thoxn 
 
 For wpi<fhin,r \\ 
 
 per head . . 
 Sheep or pifr.s, i\ 
 
 Ifless than five, 
 For nieasurinir 
 
 P Subject to till 
 DnicipaJity nuiy rej 
 «ets, or on \-rtcar 
 Jicles herein mentl 
 fts, and prevent 
 lotherwi.se. 4(j y| 
 
 H^) The pre 
 
 Dicipality which si 
 
 f«. a hy-law pvovk 
 
 ■ct of wJiicJ, a m;i 
 
 p imposed, may 
 
 l«ell or otherwise 
 
, 49( (iJ 
 
 \Aact;, foi 
 iig, or \\i 
 
 nUMwed «n 
 
 I to uuirkH 
 'euiful am 
 
 I'om tlie tiij 
 
 t witliin t| 
 
 {ov i\w 
 
 very then 
 
 ,u»o upon I 
 
 II not be 
 tlieveon, or 1 
 ,\\e same is] 
 
 mtioiiecl iul 
 [n\iose(l, levy 
 e l)rought i 
 ockiuthei^ 
 in wliich 
 jved or exp 
 )aUty. 
 
 letween thf 
 _ and aftei 
 
 Ly of Kovi 
 be compellf 
 . which be 
 Lh market 
 L proceed 
 
 [vket place ;| 
 
 Tket fee on 
 Ihich the 
 
 ,-) No inarkot foos hIuiII be Imposed by any "nmicipiility ^'•[•^"J^^, 
 I' h rthaii those col I tail nil in tho following scnlo : 
 
 Iluon articlos l)n»uglit to iho market i)liico in a 
 vehicle tiiawn by two borsoH, upon which fees 
 Hill" h(! impoHO'K '»*>t niorfi thnn 10 cents. 
 
 Upon arti'dos brought to tho market place in a 
 veiiiclo (liiwu by one horne, not more than. .5 centN. 
 
 Uuon «rti(d( s bri.ught to tho market place by hand 
 {,v ill ii'>y hasket orvoRsel, not more than. . . .2 cents. 
 
 Ui>oii or ill I'cspRt't of live stock driven to or upon 
 tho iiiark(!t place for sale as follows : 
 
 Kvoiy hoiHO, mare, or gelding, not more than.. 10 cents. 
 
 Every lit'ad of honied (;attle, not more than . . . . T) cents. 
 
 Every sliec]), calf, or «wine, not more than .... 2 cents. 
 
 (8) No fee shall be imposed or levied by any municipality J„7'^°,'gS^ 
 weighing or measuring greater than as follows : or me»Mir- 
 
 For wei<»iiing a load of hay 15 cents. 
 
 For wei'diiiig slaughtered meat, or grain or other 
 
 articles exposed for sale, under one hundred 
 
 pounds 2 cents. 
 
 Over one huiulred pounds, and up to one thousand 
 
 pounds 5 cents. 
 
 Over one thousand pounds 10 cents. 
 
 For weighing live animals, other than sheep or pigs, 
 
 per head 3 cents. 
 
 Sheep or pigs, if more than Hve, per head 1 cent. 
 
 Ifless than tive, for the lot 4 cents. 
 
 For measuring a load of wood 5 cen*;s. 
 
 1(91 Subiect to the other provisions of this section, the Ueguiation 
 
 ' '. ,. 1 i Ai 11 i M • iU IT of sale and 
 
 inicipality may regulate the sale by retail m the public traffic. 
 Bets, or on vacant lots adjacent thereto, of any of the 
 ^ieles herein mentioned, and may regulate traffic in the 
 ets, and prevent the blocking up of tlie same by vehicles 
 lotherwise. 4G V. c. 18, s. 497. 
 
 |.— (1) The preceding section shall not apply to any P'^oeding^ 
 licipality which shall pass, and so long as it shall keep in to api>iy 
 ce, a by-law providing that the vendors of any articles in i^'Ym^'^ai""^ 
 
 ;ct of which a market fee may, under this Act be law- it^wing sale, 
 [y imposed, may, without paying market fees, offer for sale market* 
 
 sell or otherwise dispose of any such articles, at any place ^gnt"J^^" 
 
 ! 
 
 r t 
 
 -■f\r 
 
1 1 
 
 I 
 
 448 
 
 bat8ucb bjT' 
 law may im 
 
 THE MUNICIPAL MANUAL. 
 
 b- 498 1. 
 
 tliej 
 (2) Such by-law may, nevertheless, provide for the i 
 
 within the municipality, excepting only at and ud 
 market place or places thereof, (t) ^ ^ 
 
 and on 
 others tak- 
 ing advan- 
 tage of 
 market. 
 
 posefeeson tioii and Collection of market f CCS from such vendorsof' t^T I 
 Sn'ita'riiy'us-" in respect of which a market fee may now be imposed \ \i 
 ing market; this Act, as shall voluntarily use the market place for the "^^ 
 pose of selling such articles, (u) ^^^'^ 
 
 (3) The by-law may also provide for the imposition «nfl« 
 and collection of market fees from any person who lii 
 remain or cause his vehicle to remain upon that part of J 
 street immediately adjoining or surrounding or being witri! 
 1 00 yards of the market place, for the purpose of selline \ 
 such street or streets siich articles, so as to obtain the a 1 ' 
 tages of the said market place, but driving through or ac 
 such portions of streets shall not of itself be deemed suffie ' 
 ground for the imposition of any fee j but this sub-section sh 
 not apply to grain, seeds, dressed hogs or wool. 
 
 The by-law shall not prevent the sale oi anysnd 
 
 By-law not 
 to interfere 
 
 (4) The by-law shall not prevent the sale of 
 with sales to articles to any person carrying on business and Lav 
 ?ying°oir" actual and bona fde store, shop, or other similar place 
 business in business, on those portions of the streets in the next 
 market. 
 
 ins I 
 
 
 
 Restriction 
 on fees. 
 
 Fees not to 
 be charged 
 on markets 
 made in 
 
 streets. 
 
 - preci 
 iug sub-section mentioned ; nor shall the by-law author 
 
 the imposing or levying of any fee in respect of any aitii 
 
 so sold, or of any vehicle in which the same is contained 
 
 (5) It shall not be lawful for any municipality passj 
 such by-law to impose a higher tariff or greater fee \m 
 any article or vehicle than was in force or imposed by I 
 municipality on the 1st day of March, 1882. 
 
 (6) No market fee shall be levied, collected or iraposedl 
 any municipality in respect of any market place or marl 
 or any portion of any such market place or market herei 
 established, declared or made in, on, or out of any streel 
 
 (<) This section applies to municipalities in which market fea 
 imposed only upon articles offered for sale on the market or ofl 
 streets adjacent thereto. See note b to sec. 503. 
 
 (m) The words any person or persons who shall voluntarily i 
 upon the said market-place Ac, for the purpose of seUinctc.,! 
 held not to be identical with or equivalent to the words usedii 
 statute. Reg. v. Reid, 11 O. R. 242. The conviction was also 
 bad as differing from both statute and by-law, being for refuai 
 pay the fees on ei^ht quarters of beef ' ' exposed for sale " wlj 
 the 13th section of the by-law applied only to butchers meate? 
 for sale. lb. 
 
 s. ayxj 
 
 Lrtofany s( 
 jtiat til's sub-f 
 |w imrtiediateL 
 [eitier now or , 
 |c, 18, s. 498. 
 
 m- The p; 
 
 lipality where 
 
 ie 10th day oi 
 
 \U\ apply to SI 
 
 leiD^ thereafter 
 
 m. 
 
 500. Nothing 
 Irerentany mun: 
 ^charged from r 
 rticles wi^':in tht 
 before the IC 
 at market fees 
 include fees 
 rtier, that after 
 tilay of April ai 
 ixk in the forer 
 ^ih 1st day of 
 main on, or resor 
 lichhemaj hav( 
 iucli hour, sell or 
 lor on said marked 
 
 m. When and 
 
 iapplytoanymi^ 
 nay be contrary: 
 [fcein force in oil 
 
 las long; as sec tioi 
 fniunicipality, sol 
 ^7 to, and as shaJjl 
 sin or apply tosi 
 
 ^l Subject to t] 
 
 im, every nu,n| 
 
 I Oi' lease its ms 
 
 I See note 4 to sec. 5| 
 
 I See note Ato sec. 
 
 I See note* to sec J 
 57 
 
MARKET FEES. 
 
 449 
 
 s. 502.] 
 
 f any street within said municipality : Provided always 
 
 'u this sub-section shall not apply to so much of any street 
 
 • mediately adjoins and abuts upon any market square, 
 
 *'!'" nw or hereafter established as a market place. 46 V. 
 
 flther now u 
 
 Ic.l8,s.498. 
 
 TV,0 nrecedinff section shall not apply to any muni Preceding 
 
 . liic i'»^*' ", . n I, J • ' 1 section not 
 
 where no market fees were charged or imposed on to apply 
 .,^, day of March 1882 but sections 497 500, and 501 -^^h^^^- 
 11 Dplv to such municipality in the event ot market tees 
 ? /thereafter charged or imposed therein, (v) 46 V. c. 1 8, 
 
 tnn Vrttliinff in the preceding sections contained shall P<^^er to 
 
 Uj\). i>oi»"'» . Ti. u ■ 1 i. i? • , regulate 
 
 vent any municipality wherein no market tees are imposed sales when 
 'thar^'ed from regulating the sale and the place of sale of any S^^^'g*^"™ 
 
 ■ les'wi'^-in the municipality to the same extent as it might 
 
 before the 10th day of March, 1882: Provided always 
 market fees within the meaning of this section shall 
 
 it include fees for weighing or measuring; Provided 
 her that after nine o'clock in the forenoon, between the 
 Jav of •^P'^^^ ^^^ *'^® ^^* ^^^ ^^ November, and after ten 
 ock in the forenoon, between the 1st day of November 
 
 atheist day of April, no person shall be compelled to 
 ain on or resort to, any market place with any articles ' 
 
 jich he may have for sale, but may, after the expiration 
 
 Wch hour, sell or dispose of such articles elsewhere than 
 or on said' market-places, (w) 46 V. c. 18, s. 500. 
 
 BOl. When and so long as section 497 shall be in force inconsistent 
 lapply to any municipality, (a) so much of any Act or law ?" "e oTSo^ 
 fbe contrary to, and as shall conflict with the same shall *'^«'=*- 
 jin force in or apply to such municipality ; and when 
 iaslon^as section 498 shall be in force in and apply to 
 r municipality, so much of any Act or law as may be con- 
 ty to, and as shall conflict with the same, shall not be in 
 jinor apply to such municipality. 46 V. c.l8, s. 501. 
 
 02. Subject to the provisions of the last preceding five lUght to 
 tons, every municipality shall have tiie power to sell, fee^ ^^^^^^ 
 I ov lease its market fees. 46 V, c. 18, s. 502. 
 
 I See note 6 to sec. 503. 
 I See note h to sec. 503. 
 I See notes to sec. 497, and note b to sec. 503. 
 
 57 
 
< 
 
 
 450 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 503. 
 
 Market by. 603. The council of every city, town and incorporaterl 
 village may, subject to the restrictions and exreptions 
 tained in the last preceding six sections, (6) also pass by-law 
 
 ma^keS*'""' 1- For establishing markets ; (c) 
 
 (h) By sub-s. 1 of sec. 497 no market fee is to be imposed on wh 
 and other articles in that snb-s. specified. By sub-s. 2 a markeH ' 
 can only be imposed on the articles therein mentioned if there 
 convenient sheltered place in which to offer them for sale. Bvsuh" 
 S a market fee cannot be imposed on articles brought into the m ' 
 cipality in pursuance of a prior contract and delivered to the purch^' 
 without being hawked about the streets orelsewhereinthemunicinalT ' 
 Ey sub-s. 4 a market fee cannot be imposed on articles brouohtj'f 
 the municipality alter 10 a.m. unless they are exposed for sale on th' 
 market place. By sub-s. 5 the municipality cannot compel certain art'* 
 
 cleg to be weighed or measured when neither party to the stle de,'! 
 the same to be weighed or measured. By sub-s. 6 persons cannot |i 
 compelled to remain on the market place after the hours ther * 
 mentioned, provided the market fees have been paid. Sub-as. " an Is 
 limit the market fees and the fees for weighing and measuring R • 
 subs. 9 the municipality may subject to the above provisions re i^ 
 late sales and traffic in the streets. By sec. 501 so long as sect iT 
 is in force in the municipality conflicting laws are not to apply il 1 
 sec. 498 municipalities which do not impose market fees on persons 
 not using the market, or remaining on the street within 100 varilj 
 thereof, are exempt from the restrictions imposed by sec. 497 but 
 such municipalities are not to impose hi-i^her fees than were in force 
 on the 1st of March, 1882, and no marKet fees are to be imposed on 
 any market hereafter made on, or out of any street. By sec, 501 so 
 long as sec. 498 is in force in a municipality conflicting laws are not 
 to apply. Sec. 499 makes provision for municipalities in whicli no 
 fees were charged on 10th March, 1882. Sec. 500 gives power 
 regulate sales and the place of sales in municipalities in wkicli nol 
 market fees are charged. By sec. 502 power is given to sell, assign, 
 lease market fees. • 
 
 (c) Power to establish a market authorizes, as a necessary incil 
 dent, the acquirement of land on which to erect market buildina 
 Kef chum v. Buffalo, 14 N. Y. 356 ; Caldwell v. Alton, 33 111, 
 People v. Lowher, 28 Barb. (N. Y.) 65. So it is incident tothegenei. 
 power to decide on the cost, dimensions, etc. Peterson v. NewYori 
 17 N. Y. 449 ; S?nith v. Newbern, 16 Am. 766 ; Afforney-Genml t 
 Cambridije, L. R. 6 H. L. C. 303 ; but see also Spauldkg v, U\t\ 
 23 Pick. (Mass.) 71, 80. The establishment of a market ought i 
 be in a public street. See note & to sub-s. 10 of sec. 495, but see s 
 498, siib-83. 3 and 6. Where the defendants leased to plairfl 
 the market fees of a wood market, established in one of the pa 
 lie streets of the city, covenanting against their own interfereDi 
 &c. Held, that the market being fixed in a public highwi 
 which is prima facie for purposes of public travel, the eierc 
 N of the rights incident to such market nmst be subordinate! 
 
 the primary purposes of the highway, and Viiat plaintiff coi 
 not recover damages for interference by the user of the highway [ 
 
 
503 2.] 
 
 MARKETS. 
 
 45] 
 2. For regulating all markets establ' h ^ 
 lisJied ; (d) tJie places, however, alread v p!f fkif ?^ ,*° ^® ®^*a^- ""K-'iting 
 in then.unicipal ity,^all continu Tto-^be ^ Jr^^^^^ 
 
 tlie pub he. Pcy,/o/rf« V. Toronto, 15 U C P t> o^^ ^ 
 
 the market is used, it is the duty of thp m, • • V^' So long as 
 same in a reasoDable state of repair A%L?^ /'''P^'^'y to keen th! 
 334;2Withrowi32 ^^^herelk7ieJe:7Ztklf"'''^^^ 
 »s such, he cannot refuse to perform his ronfT V^ * ^®« received fees 
 onthegi-oundthat the latter harnnT '^*''* ^'*^ *he corporation 
 Board 0/ Police 0/ London v^'^icttrsi^Tn^^^^^^ *^« Set 
 
 ((/) The re^^lation of fairs and markets ha. f ' 
 the subject otramiicipalcontrolin F.mi!. J^ ^^'^ * ^^ng time bppn 
 See note .J n, ... 495:«ub-s. 1 W &.^^ *^« United ItateJ 
 
 include the appropriation of one or more pa^^^^^^^^^ «f necessity 
 
 purpose, and another part or parts for of f^r °^ *^® ^^''ket for oni 
 that tree passage through the market 1.^ r?"''P''«^« ' of providing 
 to shops stalls, or other places where S^^"!? ^^^ read^ iecefs 
 
 Q.C.426. Butthenght, under the Dowpr fJ- ^""yXo; 23 U. C 
 
 the sale of commodities to the public mart«f " ^^J^rulate, to restrict 
 
 the subsequent sub-sections expres^f^^^* " ""P^" to doubt. Su 
 
 «storesfcnctthesaleof commodSstW ^'P^^'^ municipal oou"' 
 
 established as a market place. JVom A- •!" "mentioned Co theS«l' 
 
 except as to the commodities me„rneJ'%l' might be ar^ed ?t 
 *ile to the market place does nni-^vN*'.*"® Po^er to restW../- ft ' 
 , 21 Am. 563. On the other hand •• ^^^ ^'"^ Orfealsy Snl /' 
 ademptions are made iXoilo? the s'T^'? ^{ *^« ^^Ssh ftaSf' 
 tarn commodities specified. From thif- "• *.^' «^'"«r's shop of^!?' 
 Icept as to these, there was power L If • T'^^* ^^ argued that ? 
 ISee^o^arrfy. L^^j^ton, L R To o%*oo' '^^^« *« the market *>- 
 f 8uirounded with difficulties - Th. « ^^^- ^ie generS ou^*,?^^''?- 
 Iwhich markets shall be held and t? .^"^'"^ ^^ ^^^ place and tf^. " '' 
 |ll at other places and timesttamte^^^ ^"? the'^rSb^'to 
 
 pmed on the ground fbofru ■^''^* 210. Such n,^,-!; * (^• 
 Nation of it. SA*i^* *^3^ ^re not in restS ^^^^^^''^^ ^ro 
 
 r-'^i^m^ms 
 
f 
 
 <9 
 ?■ iff. 
 ft ^8 
 
 ■■;n 
 
 ii 
 
 452 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 503 
 
 2. 
 
 retain all the privileges thereof until otherwise directed I |B ccmpetent a 
 
 extend throughout the city. Peters v. i^oard of Police nfT,^,i 
 U. 0. Q. B. 643; Farquhar v. !/'oron<o, 10 U. C. U. VsfqV,f'^ 
 V. yl«ow, 33 111, 416 ; see also Dunham v. Hochester 5 Cow /Wv' 
 
 4fi2 t >ihphnn.v Mnhilv SO Alo fidO • .ST/ r^,,;. ., '"';,/, /"jV '1 
 
 erect market houses, establish markets and market places and^ '" 
 vide for the government and regulation thereof," it was he'ldthaUl? ! 
 council had no power to fix upon one market place and prohibit In 
 persons at all hours of the day from selling fresh meat elsp^/i, 
 liloomimjton v. Wahl, 46 111., 489; 2 Withrow 150; seeako ^7 I 
 V. Hmihes, 28 Ga. 560; St. Paul v. Laidler, 2 Minn. 190- V?""'' 
 V. Webber, 44 Mo. 547; St. Paul v. Poxdter, 12 Minn 41 ' JiLllTl 
 V. Pettinger, 17 Wend. (N.Y.) 265. A by-law enacting ''thai!; 
 butclier or other person shall cut up or expose for sale any fr hi 
 meat in any part of the city, except in the shops and stalls in tM 
 public markets, or at such places as the standing committee o 
 public markets may appoint," was held good. In re Kellv aX 
 Toronto, 23 U. C. Q. B. 425. This, in the same Court, was afteS 
 wards affirmed in Fennell and Guelph, 24 U. C. Q. B. 238 anil 
 treated as settled in that Court. Snell and Belleville, 30 U.*c, o k | 
 91. In England and Ireland most of the markets are franchiged 
 extending over the whole or greater part of the towns in wijehl 
 situate. Cork v. Shinkwin, Sm. & Bat. 395. And as the erectioi 
 
 market." Islington Markei Case 3 CI. & F. 513. And in sul 
 cases there is the right, so long as there is room in the market for 
 sale of articles ordinarily sold there, to prevent sales elsewliei 
 Prince v. Lem% 5 B. & C. 363. See further Modey v. Walh 
 B. & C. 40 ; Mayor of Dorchester v. Ensor, L. R. 4 Ex. 335 ; McH{ 
 V. Dams, 1 Q. B. D. 59 ; Great Eastern R. W. Co. v. Goldi]]. 
 9 App. Cas. 927 ; Attorney-General v. Horner, 11 App. Cas. 66, 
 right by custom to exclude persons from selling marketable artij 
 in their shops on market days without the limits of the market 1 
 therefore, been held valid. Macclesfield v. Pedley, 4 B. & Ad, 
 A sale, by sample, on a market day near to but without the lU 
 of the market, lias,, however, been held net to be a disurbance ofl 
 market, unless done deg.gnedly and with the intention to evade i 
 ment of toll. Brecon v. Edwards, 1 H. & C. 51. If the giantee j 
 market under letters patent from the Crown, suffers another to ( 
 a market in his neighbourhood, and use it for the space of tw^ 
 three years without interruption, he is, by such use, barred o| 
 action for disturbance of the market. Holcroft v. Hid, 1 B, 
 400. A market held in the name town with an old market, if hd 
 the same day, is a disturbance by intendment of law : nonbii 
 Ensor, L. R. 4 Ex. 335 ; but if held on a diflferent day, is onlj 
 dence of disturbance. Ih. By 37 & 38 V. c. 85, s. 8, (Imp. ) the coi] 
 tion of Edinburgh (who were grantees of a market in Edinb 
 " may cover, in a suitable and convenient manner, the fnii| 
 vegetable market place, and improve and better adapt the sa 
 
s. 503 2.J 
 
 MARKETS. 
 
 oiner purposes. Mcu,lstrates «V //y- "'"^ '"^ntl devofp fi^ ,^'*^®''e<J 
 . ™J, Where a grant of markl?^i "^"''''''-(^^ v. i?Sl i^J^^^^Wing 
 Wity the grantee may from ti' T ^^^finedZ'''i^M^P-Cas. 
 
 tomthis own convenienceTbut "t' 1° "'»«' ^^^ange the^sit?'"""^^'' 
 I exclusive privilege that J,p ojT ? " '^ an iinnlipW ®?'*ein order 
 
 Imodatiou to those member, of th"^/^' ^^ gives i?:?''''?'/"'^ that 
 h buyers or sellers, and th/ ! * P"''^^'« ^^o Se S'""^W« accom- 
 Lst be afforded in eaSi ll ?*'".* ^^ ^^e accomn, T'^''^ either 
 p^Lonl IFatson, /f ''J^V""^* va,^ with ^S*^"" ^^hich 
 
 453 
 
 "i™ uib penalty. pn<,,„ n ' "^as heM n,.*. IP "'" uoor tn 
 
 " regulate markets i, . „ .. 
 
 "Ma coiitjnniog 
 
ii 
 
 
 'r '^^ 
 
 
 u: 
 
 
 
 .*",'.JKr 
 
 f|; 
 
 .1'^ 
 
 m 
 
 454 
 
 Old markets 
 contiDued. 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 503 : 
 
 appropriations heretofore made in any such raunicipalitv si 
 continue to be vested in the corporation thereof • •'''''" 
 
 Regulatin^c 
 Tending in 
 streets, etc. 
 
 corporation thereof- 
 
 3. For preventing or regulating the sale by retail m tji 
 public streets, or vacant lots adjacent thereto If) of , * 
 meat, vegetables, grain, hay, fruit, beverages, sniaJl-wLi 
 and other articles offered for sale ; (g) 46 V. c. 18 s 
 (1-3), 
 
 Sale of grain 
 meat, farm ,' 
 produce, 
 small ware, 
 «tc. 
 
 4. For regulating the place and manner of selling (h) 
 weighing grain, meat, vegetables, fish, hay, straw*^ fodJeH 
 wood, lumber, shingles, farm produce of every descrlDti 
 
 power. Its exercise at one period by establishing a market uk 
 erecting a market liouse in a particular locality will not preve'^f t 
 municipal council from removing such building or abandonin'' I 
 locality for market purposes. Oall v. Cincinnafl, 18 Ohio St^^'M 
 Where, according to the grant of a market, it was to be lie] i ■ 
 town, the grantee might from time to time remove the nl* V 
 holding it according to the convenience of the inhabitants T"^/!!'! 
 time being. Dixon v. Robinson, 3 Mod. 108; C'urwm v Vn/n; ! 
 East. 5.S8; Rex v. Cotterill, 1 B. & Al. 67; Worthu v 'il ■ ,\ 
 Local Board, 21 I.. T. N. S. 582. Mauhtraten of EdinhrT 
 Blackie, 11 App. Cas. G65. And this applies, although the Li!' 
 of the town be afterwards extended and the market establi I 
 within the extended limits. Mayor, die, of Dorchexter v A'?' 
 L. R. 4 Ex. 335. But this is subject to the rights of any pen''' 
 owning property adjoining the site of the old market. Elii/y /?° 
 poradon of Jiridyenorth, 4 L. T. N. S. 112; 2 J. & H 67- Wvl 
 N. S. 52. ' ^' ^ 
 
 {/) There cannot be much doubt as to the meaning of this s-ib-si 
 tion. Besides the word ' 'regulate," used in the previous subsectiocj 
 it has the word "prevent." There is a great diflFereuce betwe^ 
 restraint and regulation. Green v. Mayor of Durham, 1 Burr H 
 131 ; Andrews v. The State, 8 Am. 8, 15. One can readily understaij 
 why there should be power to prevent the sale of the articles rcea 
 tioned "in the public streets*" See note e to sub-s. 1 of this section 
 One can also suggest a good reason why sales should not be i 
 "vacant lots adjacent thereto." Hee Ni(/hti7iijide Petitioner dr. 1 
 Pick. (Mass.) 168; Commonwealth v. Rice, 9 Mete, (Mass.) 2 
 Shelton v. Mobile, 30 Ala. 540; Wariman v. Philadelphia 3,3 Pa 
 202, 
 
 ig) "And other articles oflfered for sale." This is so indefinite J 
 to leave a doubt as to what is meant. Such a provision should M 
 more certain in its terms. Probably the general words are controllJI 
 by the particular -words which precede them. See note h to i 
 477. 
 
 (h) This is the first subsection that provides for regulating "tl 
 place and manner.'* Power to regulate the place has been held] 
 include the power to restrict sales to a place such as the marl| 
 See note d to sub-s. 2 of this section. 
 
 mV' 
 
MARKETS. 
 
 455 
 
 1^.503 5.] 
 
 llware and all other articles exposed for sale, (i) and the 
 \T to be paid therefor ; (j) and also for preventing criers 
 I , ..g^^ors of smallware from practising their calling in 
 hi market place, public streets, and vacant lots adjacent 
 [thereto; (^) 
 5, For granting annually, or oftener, licenses for the sale ««k^>!'^«^"»_ 
 f fresh meat in quantities less than by the quarter carcase, 
 
 ^ (1 for regulating such sale, and fixing and regulatiiij 
 I ces where such sale shall be allowed, and for imposi 
 
 g the 
 
 imposing a 
 
 • A d all other ai'ticles. See note g to sub-s. 3. See sub-s. 8. 
 
 . A by-law prohibiting any person bringing produce, articles, 
 
 L ndities or things to a city market from selling or offering the 
 
 for sale within the city limits on their way to market, or 
 
 Ll! lit having paid market toll, and before offering such things for 
 
 T the market, was held bad. Kinghum and Kingston, 26 U. C. 
 
 130 "The statute gives no authority for the passing of a 
 
 • of so wide and general a character as the one now in ques- 
 
 *r containing such conditions as it does. The provisions of the 
 
 ktlte are specific and limited, and the by-law should be restricted 
 
 > Deration to the purposes and articles mentioned in the differ- 
 
 raSections ; and by doing so, the very proper object the muni- 
 
 Itv had in view would have been effected." Per Morrison, J., 
 
 1 The same Court afterwards held that a by-law that "no 
 
 , shall buy, sell or offer for sale any game, hsh, poultry, eggs, 
 
 cheese grain, vegetables or fruits exposed for sale or marketed 
 
 in the town until the seller has paid the market fees required by 
 
 jlw No. 161, or has obtained a ticket from the collector of tolls 
 
 market of the town, as provided in the 27th section of by-law 
 
 J and before the hour of nine o'clock in the forenoon during 
 
 months of June, July and August, and ten o'clock during the 
 
 of the year," was good, in re Snell and Belleville, 30 U. C. Q. B. 
 
 Some changes had been made in the law between the two 
 
 ions bit whether suflScieiit to cause such a change in the de- 
 
 insra'ay be a question. A person brought sheep to a public house 
 
 r yards out of the Umits of a market, left them there, went into 
 
 market in search of customers, whom he took to the public 
 
 le and there sold the sheep. Held, a fraud on the market, for 
 
 lh the seller was liable to an action by the lessee of the market. 
 
 ifeiif/ V. Shafter, 5 M. & W. 375; see further, Brecon v. Edwardti, 
 
 &C.51; Blakey v. Dimdale, 2 Cowp. 661. 
 
 See note/to sr.b-s. 3 of this section. This provision was held 
 
 be ultra vires of the Ontario Legislature as being a regulation 
 
 le and commerce. Be Harrin and Hamilton, 44 U. C. Q. B. 
 
 A by-law of a city council providing that no vendor of small 
 
 ishould practise his calling in a specified market, or in the pub- 
 
 lets adjacent thereto was held not defective for not specifying 
 
 all ware intended, that being the terms used \a the statute; 
 
 a. by-law was held bad for uncertainty in not specifying the 
 
 intended. "Adjacent thereto," as used in the Act means 
 
 it to the public streets. lb. 
 
456 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 503 , 
 
 and 
 
 license fee not exceedin,f» 850 in cities and $25 in t 
 incorporated villages to be paid for such license and^f" 
 forcing the payment of the same, and for preventing tl ' '^"' 
 of fresh meat in quantities less than by the quarte • ^"''^ 
 unless by a person holding a valid license and in ^^^T'''' 
 authorized by the council, but nothing herein contain^ ^ ''^ 
 affect the powers conferred in the preceding suh so <."'''" 
 46 V. c. 18, s. 503 (5, 6). ° "-section; (/^ 
 
 PraTentin); 
 foreBtailiiiiir, 
 etc. 
 
 
 
 
 
 i:t i 
 
 i>i 
 
 6. For preventing the forestalling regrating or niononolv 
 of market grains, wood, meats, hsh, fruits, roots, ve<reta I 
 jioultry and dairy products, eggs and all articles required f' 
 family use, and such as are usually sold in the market- /I 
 
 (f.) Held, that a by-law paaoed pursuant to 46 V. c. 18 s ■ 
 sub-s. 6 (same as this sub-s, ) and the convictions thereunde" *' 
 not bad l)ecau8e the by-law did not jmbody or refer to th ^'"' ' 
 tional proviso as to time mentioned in sec. 500 ; for that ^ 
 
 exctp. 
 not refer to the subject of sub-s. G of sec. 503, and that amrtT''*' 
 that sec. 500 was expressly limited to municipahtiea wliero ™"i 
 market fees were imposed or charged, whereas here a by-law v" 'I 
 existence imposing such fees and charges. The by-law was als t ' 
 not to 1)0 itlti-a v'lren but the couAnction was held bad because" 1 
 covering two distinct offences under the same by-law it onlv in *X 
 one penalty, lieu. v. Gravdle, 10 0. R. 735. A by-law EJ 
 under this sub-section is not subject to the restrictionb contaiLl ? 
 the preceding six sections. The proper construction of this sec'ti J 
 ih that it is made subject to such restrictions so far as prone M 
 applicable and that this sub-aection is in the nature of an excentiol 
 fi'om these general restrictions. Re O'Meara v. Ottawa 11 R cnJ 
 Affirmed 23 C. L. J. 235. ' ^ '^1 
 
 (w) Engrossing or regrating is a common law oflence. Rej; 
 Wciildliiffton, 1 East. 143. It applies only with respect to the neo 
 saries of life. I'ettamberdas v. Thnckoorsendass, 7 Moore, N. C •'''■ 
 Where several companies and individuals, engaged in the m" 
 facture of salt, entered into an agreement whereby it was stipnlai 
 that the several parties agreed to combine and amalgamate under 
 name of "The Canadian Salt Association," for the purpose of 
 cessfnUy working the business of salt manufacture, and tiiat 
 parties to it should sell all salt manufactured by them throiFh 
 trustees of the association and not otherwise, it was held that 
 agreement was a valid one, and not void as against the oKl corai 
 law offence of engrossing. Ontario Sr': Co. v. iVe-.rhaiits Sail Co. 
 
 Grant, 540. "I must conclude thac long usage has brought alj 
 such a change in the common law since the decision in Jinx v, 
 dington, that even if it could be said that the object of the pai 
 to the agreement in question here was to enhance the price of J 
 the contract would be neither illegal nor against public policy,"! 
 Strong, V.C, lb. 543. A by-liw that "no person shall fon 
 regrate or monopolize any market grains, meats, fish, fruits, 
 vegetables, poultry and dairy products within the town," wasJ 
 
 i.503 
 
 Promk 
 
 specta al 
 
 sale of 
 
 carcase v 
 
 in section 
 
 50 V. c. i 
 
 I For 
 
 things by 
 y. c. 18, s. 
 
 8- For re 
 may be) of J 
 kel ; (o) 46 
 
 hml, because i 
 the aection, aac 
 
 l>i\ A by-law t 
 
 certain hours of t 
 
 orpmiaiona, sucj 
 
 •treets, 4c., witbi 
 
 ^fheld bad. /„ 
 
 ,P;. '■^'''ucii a by-l 
 
 ctioD of the neiffi 
 
 ^0 so held In re 
 
 tkt before W a 
 
 Wier, dealer, tr 
 
 ^hmigforexpor 
 
 fer to buy any a 
 'fi-et excepting •'po 
 
 sub-s. 12 
 
 Mono/ the word 
 [>tnkmgoutthe 
 ■"'^fi from the out 
 
 [f^y-i^^tothe 
 .fpromionby r 
 ''^Weh/mfeJ? 
 
 ■e& 
 
 f""^ balance 
 Me si 
 
 jH.o'-measure'a 
 nT'P-^i power a 
 
 f'"^7;;,"fp«bji? 
 
 P" to provide'/ 
 
 8 0. 
 
 58 
 
S. 503 8.J MEASURING OOBDWOOD, FUEI,, ETC. 
 
 PfovitJed that this sub-section shall not h 
 spects shops or stalls occupied by biifr.»,«„ qualified as re- 
 sale of fresh meat in quantities iLs tJmrf ^K^'^'r ^^'^ ^^e 
 carcase withm tJie said municipality bv «« *u^ *"® quarter 
 in sections 497 or 500 of this Act 4fi v ^ /P^ contained 
 50 V. c. 29, s. 29. ^'^ *^- «■ 18,. s. 503 ^7^ . 
 
 7. For preventing and regulatinj? fh« 
 tilings by hucksters, grocers, butchers nr"*''® of such Rvm.tin. 
 \;c. 18, s. 503 (8). "toners or runners; (w) 46?to*""""' 
 
 8. For regulating^he measuring or w«,- 1 • . 
 my be) of lime, shingles, laths, Sordwoof ""^ (^' *^« <^«se M,„„,„,. 
 ft.el; (.) 46 V. c. 18, s. 503 (9); 49 ^c UT\r^ other&,r'° 
 
 good, because it repeats " the oht^f^i^ w i~, ' — — — 
 
 M. V-. B. 92 , »e further, /„ „ F,.n,ilZ IS^t^/^**! I 
 
 . (h) A bj-Iaw that no butcher hiiolr.* 
 
 Icertain hours of the day, buv or p3 !^°^ runner should h«* 
 Lprovisions, such as ar; us^VSd in*/^*" *"^ ^^^^^Ir^l^^'t 
 Itreets, &c., within the town o ^S* • *^^ market, « = on th« , ^** 
 
 L held bad. /.,« ^S;"JtV„7A^^^^^ 
 
 407 
 
 ^) A by-law to the effect th.f ^'^ ^' ^- 2- 
 
 > of provision by retail »!if x?^®'^ person selling «. ^ 
 ild provide hii/S^Tf*^''" ^^^ ^«igh , cou^nt n** ''^ *'*'• 
 
 |« balance, sprn?sJ2^ and mersur.? {"?«»'•«' 
 
 Iiiiie should be used fn * ' ^^""^ steelyards or a" •' ^"^^ *hat 
 
 liiDg or measurement of ; ■^^■, ^- ^^- By-IaVr?. • • ''^^d. 
 |""ieip,il power ando, ^^''^^ ^^^^re sale aro^ "^^^V""*!? the 
 iWon MuSipa" V^n "^5 '"«««! «« n restrJ*!'"^ /*^''«"« 
 
 fv. ^«/fo<.., 8 7 ^?Ln« '?f^«» for hay Jk f^'^ So the 
 fc" to provide for the 4eiS ^"^«'- " irie/l?; f, • See 
 delivery or saCl^'SoX\tj:f 'S^F^^^^^ 
 
458 
 
 THB MUNICIPAL MANUAL. 
 
 [s- 603 'I 
 
 
 
 
 
 mm 
 
 \i 
 
 Bht'wXK 9\ ^°T i™PO«ing penaltiea for light weight or nhort count 
 
 «te. or short measurement in anything marketed ^♦.\ y ' 
 
 479 (21.) ' ^^^ -^^^ «• 
 
 Tending. 
 
 Smith, 4 R. 401 . Upon the conviction of a railway comnnr>« ..„ i 
 the EngliBh atatijte 6*6 Will. IV. o. 63, sec. 28, forhavinX th 
 possession a weighing machine which, upon examination by the i 
 Dpector of weights and measures, was found to be incorrect ■ B L 
 that a machine which, from its construction, was liable to variafc 
 from atmospheric and other causijS, and required to be i^diugted 
 fore it was used, was not incorrect upon examination within 
 meaning of the statute, if examined by the inspector before it I 
 been adjusted. London and North Western It. w. Co. y, [{ich 
 2 B. &; S. 326. But a weighing machine which has become out i 
 order so as to weigh untruly, is an incorrect weighing machine w id 
 the meaning of that statute, although, by making an allowance i 
 the error, the weight of the article could be ascertained truly bt I 
 Great WeHtern Ji. tV. Go. v. Bririe 6 B. & S. 928. Scales havuii;' 
 placed within a ball, which shot may be removed at pleasure rcn 
 the scale an improper instrument of adjustment within the mej 
 of that statute. Carr v. Stringer, L. R. 3 Q. B. 433. A spring 
 ance unjust to the seller is not within the statute, which is fori 
 protection of the public when purchasing. Crooke v Shadmte T 
 8 Q. B. 362 
 
 {p) See previous note. 
 
 (q) This does not authorize the imposition of tonnage du 
 acGws, crafts, rafts, railway cars. Ac, coming into the municip 
 merely because they contain firewood, though such firewoofl 
 have been brought into the municipality for the purpose of 1 
 exposed or offered for sale or marketed for consumption witj 
 mnnicipality. In re Campbell and Kingston, 14 U. C. C. ! 
 What the statute authorizes is the regulating the vehicles, 
 &c. , in which anything is exposed for sale or marketed and 
 posing a reasonable duty thereon. When the commodity is (, 
 for sale, the power to impose the duty, if it is really given,1 
 and if it be intended to impose the duty on the vehicle or ' 
 must be on ihui in which the article is exposed for sale or i 
 in any street or public place. The Legislature never cout 
 that, under pretence of passing a by-law to regulate marli 
 municipal corporation should have the power of levying a ti 
 general commerce of the country merely because a partioq 
 or city happened to be the place where forwarders are in 
 of transhipping commodities from one description of craft t 
 and where merchants frequently contract that certain 
 which they deal, shall be delivered, in view of this very 
 transhipment. lb. 
 
 ]J, for seJIir 
 (nined for ren 
 
 BHuisting 10. For regulating all vehicleH, vessels, and all othm. tk 
 vehioiM uied . ... ,y- • j ^ , »""«»'• oilier thintri 
 
 In in»rk«t m which anything is exposed for sale or marketed and f I 
 
 imposing a reasonable duty thereon, and eBtablishi *" 
 
 mode in which it Bhall be paid ; (9) 
 
 "ng th« 
 
 13. For reguiai 
 Ui(npart). & 
 
 bmsios VII J 
 
 \litpectinsf Jntelliot 
 " Police. 
 " ^nduatri 
 
 \t) Trespass Jies for , 
 ^"'itbout the pern 
 
 I Permission oi th 
 /knpton y. Ward, : 
 
 \mtn oi & tawket i 
 
 lira of the soil. J^, 
 
 r, Cmwell,^ L. R. 7 
 
 "is a question of ifac 
 
 J of a market for at 
 
 . riiMub-sect/on an, 
 
 ii^r SIX hours' notic^J 
 
 ik jmtified the rela 
 
 ^7; ^f reUtion o 
 
 .fWiiereditajnentiriv 
 lilconimou Jaw there™ 
 
 It JI. sesg. J, c. 5, g_ 2 
 
 *Ji«i been appraised 
 JtieM and chattels 
 pier, for the same " *„ 
 lJI«»tbemde„„fcij*^ 
 
 '■ J^iwestnctionin' 
 pjppareiit meaning 
 Jktlrad offered for 5 
 
 
1 1.5031 2. j' 
 
 A88IZE OF BBE^D, 
 
 11. For selling, after six hours' *• *^^ 
 
 11 
 I trained 
 |(l()-12). 
 
 ^•'i'^e of Bread. 
 12, For regulating the assize nf J j 
 |^3(15,«./). 6V« ant. s. m%';r'- (') ^6 V. e. 18,, a^.^, 
 
 W^dxng InMligence Omrt>. .. *^^i> Towns. 
 
 ____^ "tons. Sec. 50i (8-}()\ 
 
 a«8 lies for settintr toM^ — ~~~~ — —_ ^ V " i u;. 
 
 II. iiio ; see Loe St r.,r "^ owners. atJlT- ^ '°' *he sale of 
 Permiaiion of the ^"^««' '^Areo^.Au^^^ 
 
 lofners of a market in re«n„ * ' . ®*aWage is thfl In * obtained. 
 
 Wv, P^Z/arfe/pAS. 38 P. *^l"°'-'i «nd tenant '^"^^ .d^tresl 
 ^503, The relation of landin/*- ^03 ; /)«£«?"",;* «"t. 
 porealhereditainentcivL fh'?**°d tenant „^^^^^^^ "l' "^'''^^ H 
 
 Uapasa mere olprirr^ i *"' *« «ell a .i.r* common law : 
 
 Llaad been appraised thi ? ^T'^^^^l that aft^. /?* ***tute 2 
 
 IfcHs and attefsViU*"*^^"'"^ '' «haU ^^^^^^ 
 
 Kter.for the same, " &c 5 fSf*'"^^'' 'or the best^"?*>^ ^»«''ully 
 
 potbemadeuntilak^**,^^^^ 
 
 h This restriction iA ft ^"^Piration of I, S *^** the sale 
 
 Cre.ored. and po^eltyZV' ''^''^^^^' '^luj'f '''T «•« 
 
 - .parent meaning of th«l/- ' 
 
 porpnvi effe of a«jii».« ® assize of h..^»^ 
 
 E%iv/JS^^'S»-^«<iJu.M.g.t'";:^d^"' "> be the 
 JJW offered f°r .Sl''^/'"- »«le bCw b, .'^"'i "■« t£ 
 

 
 - I 
 
 .1 i 
 
 1 
 
 / 
 
 il 
 
 
 
 |, 
 
 !| 
 
 'i 
 
 .1 
 
 
 l^^Bvl .ImMHs 
 
 i 
 
 
 0H 
 
 « 
 
 
 19 
 
 H 
 
 
 11 
 
 1 
 
 pi 
 
 p ^^ii 
 
 ma 
 
 
 P> i'^Hjl 
 
 mm 
 
 
 
 f 
 
 I lit 
 
 460 TIIR MUNICIPAL MANUAL. 
 
 Ee$pecting Almahouaea — Charitiea. See. 604 (11). 
 " Corporation Surveyor. Sec. 604 (12). 
 «« Gaa and Water. Sec. 604 (13), 606-508 
 
 [«. 604. 
 
 By-Uwi may 
 be m«d« for 
 
 604. The council of every city and town may pass 
 
 hy. 
 
 LletniiDg 
 inUlllgtoM 
 
 OfflM*. 
 
 Regulation 
 of. 
 
 Duration of 
 license 
 
 Prohibition 
 
 without 
 
 license. 
 
 Feeti 
 
 laws: 
 
 Intelligence Officea. 
 
 1. For licensing and regulating suitable persons to 
 intelligence offices, for registering the names and residenr' 
 of, and giving information to, or procuring servantl' 
 labourers, work nen, clerks, or other employees for eniolov ' 
 in want of the same, and for registering the names and r ' 
 dences of, and giving information to, or procuring eninlo 
 ment for, domestics, servants and other labourers anrf 
 any other class of servant, workman, clerk, or person se'ekin 
 employment, and for fixing the fees to be cliarged anrf 
 recovered by the keepers of such offices ; 50 V. o. 29 s 3() 
 
 2. For the regulation of such intelligence offices • 
 
 3. For limiting the duration of or revoking any such 
 license; (a). 
 
 4. For prohibiting the opening or keeping of any such 
 intelligence office within the municipality without license • Ih] 
 
 5. For fixing the fee to be paid for such license not 
 exceeding $10 for one year; (c) 46 V. c. 18, s. 504 (2-5). 
 
 Police. 
 
 Police. 
 
 6. For establishing, regulating and maintaining a police; 
 but subject to the other provisions of this Act. (d). 
 
 ti" u*and"""" ^' ^^^ aiding and assisting by annual money grant or 
 benefit funds otherwise, as the council may deem expedient, the establish- 
 
 (a) The license will, it is presumed be an annual one (gee sub-8, 3|, { 
 granted upon conditions as to conforming to regulations, and revocable 
 at any time for breach of the conditions. 
 
 (6) The power to license would, if there were no express leguu- 1 
 tion on the subject, involve the power of preventing persons exerciji 
 ing the calling without a license. But the legislature has not left tlie| 
 matter to inference. 
 
 (c) If there were no limitation as to the amount of thefe«,itj 
 would still have to be a reasonable one. See sub-sec. 25 of sec, '. 
 The maximum according to this section is $10. 
 
 {d) See sec. 440, and notes thereto. 
 
 t.504 
 
 meats 
 
 for the 
 
 brig&det 
 
 forces Ai 
 
 8. For 
 
 without t 
 
 lie park, g 
 
 for the dit 
 
 fme; (/) 
 
 property, \ 
 
 /mblic parli 
 
 the city or i 
 
 9. For th 
 purposes of 
 bitions as th 
 
 10. For th 
 or place for ( 
 
 (/J The owner d 
 ^apJanonwhJ 
 ^"'^[•'•ection; 
 wnMnotcJoaeuD 
 
 W The manaeenl 
 ""^ifeoentmustnl 
 
, 50i 
 
 504 10.1 INDUSTRIAL FARMS, PARKS, EXHIBITIONS. 
 
 461 
 
 iss by. 
 
 to keep 
 sidences 
 lervants, 
 niployers 
 and resi- 
 5 employ- 
 rers, and 
 in seeking 
 ivged and 
 . 29, 8. 30. 
 
 ; any such 
 
 if any such 
 license ; {h) 
 
 license, not 
 (2-5). 
 
 Ing a police; 
 {d). 
 
 ley grant or 
 |he establisli- i 
 
 (see 8ub-8, 5), 
 I and revocable I 
 
 Express legiilv I 
 
 [lersonsexerm-l 
 
 las not left tittj 
 
 of the{ee,il 
 [25 oi 9M.W 
 
 B,ent and maintenance of superannuation and benefit funds fe',,*;*^'^; 
 I the benefit of the members of the police force and fire 
 briffftdes, and of their families respectively, where police 
 forces and fire brigades are established. 
 
 Industrial Farm — Exhibitions, 
 
 8. For acquiring any estate in landed property within ori;^^rtrij^^ 
 without the city or town for an industrial farm, or for a pub- ato. ' 
 
 lie park, garden or walk, or for a place for exhibitions, («) and 
 for the disposal thereof when no longer required for the pur- 
 pose • (/) a"^ for accepting and taking charge of landed 
 property, within or without the city or town, dedicated for a 
 Lblic park, garden or walk for the use of the inhabitants of 
 the city or town. See also sect. 460, 462. 
 
 9. For the erection thereon of buildings and fences for the Buiidingi 
 purposes of the farm, park, garden, walk or place for exhi- *"*"' 
 bitions as the council deems necessary ; (g). 
 
 10. For the management of the farm, park, garden, walk, 5"iS!ni#f 
 or place for exhibitions and buildings ; (h). 
 
 (() The power to acquire land outside the limits of the municipality 
 fur any purpose, is not one ordinarily conferred on municipal corpora- 
 tion!. See note k to sec. 20. The acquisition of land for tne purposes 
 specified is intended for the benefit of the public health ana public 
 welfare. See /n re Central Park Extension, 16 Abb. Pr. (N.Y.) 66 ; 
 Park Commitsioner v. WiUiams, 51 111. 57 ; Owners, die. v. Albany, 
 15 Wend. (N.Y.) 374. Land may be so acquired for public parks, 
 gardens, or walks by purchase or dedication. The words on a plan, 
 'Garden Square," held not necessarily to imply a dedication. 
 hU V. ScMte, 24 Iowa 283. So of the words "The Park." Perrin 
 s. Railway Co., 36 N. Y. 120; Price v. Thompson, 38 Mo. 363. 
 "Spencer Square." Logansportv.Dunn,%lnA.,Vl%. "Colosseum." 
 Imndaisv. Municipality, 16 La. 512; Xiquesv. Bujax, 7 La. An. 
 499; Coxy. Oriffin, 18 Ga. 728. The words "Depot of O. &; P. 
 litilroad" do not shew a dedication to the public. Todd v. Railroad 
 Co., 19 Ohio St. 514. See sub-s. 1 of sec. 479. See also the Public 
 IParks Act, Rev. Stat. c. 190. 
 
 (/) The owner of land having dedicated to the public a square by 
 lliDg a plan on which were the words, " souare to remain always free 
 Irom any erection or obstruction," it was held that the municipality 
 oald not close up and dispose of part of it. ^e Peck and the Uorpo- ^ 
 
 itionofGalt, 46 U. C. Q. B. 211. See also Kennedy v. Toronto, 12 
 
 , R. 211 ; Van Koughnet v. Denison, 11 A. R. 699. 
 
 (A) The management of the farm, park, garden, walk, &c., must 
 
 \ course be subordinate to the use intended. The regulations for 
 
 lagement must not be contrary thereto but in furtherance thereof. 
 
5?!^ <^i 
 
 dx ''a 
 
 4 
 
 m^. 
 
 Ji^ 
 
 ■'II i 
 
 
 462 
 
 THE MUNICIPAL MANUAL. 
 
 A Imahousea — Cfia/rities. 
 
 [s. 504 U. 
 
 Almahouieg, 
 •te. 
 
 CJ 
 
 1 1. For establishing and regulating within the city or to 
 on the industrial farm or ground held for public exhK"' 
 tions, one or more almshov^es or liouses of refuge for the ' 
 lief of the destitute, (i) and also for aiding charitable instir 
 tions within the city or town ; (k). See sec. 479 (12) H'j 
 as to Workhouses, sec. 462. ' "" 
 
 Corporation Surveyor'. 
 
 JS^or!**" 12. For appointing any provincial land surveyor to L 
 the corporation surveyor ; {I). 46 V. c. 18, s. 504 (7-13) 
 
 Gas and Water. 
 
 Conitrto- 
 tion of ^w 
 and water 
 works. 
 
 13. For constructing gas and water works, and for levying 
 
 an annual special rate to defray the yearly interest of thee 
 
 penditure therefor, and to form an equal yearly sinking fum) 
 
 f-^r the payment of the principal within a time not exceeding 
 
 thirty years, nor less than five yeara. (m) 46 V c IS 
 
 504 (14). ■ ' '• 
 
 £?5)*wild, 5^^' ^^ by-law under the last sub-section of the preci 
 add no Jce ' section shall be passed 
 
 of takinar 
 
 poll on by- 
 
 law 
 
 (i) "Destitute." The poor taken notice of by the English la* 
 which is a complete system, are — 
 
 1. Poor by impotency : as the aged or decrepit^ fatherless or 1 
 motherless, poor under sickness, and persons w ho are idiots Junatici 
 lame, blind, &c. ; ' 'i' 
 
 2. Poor by casualty : such as able-bodied pers >ns decayed or mined J 
 by unavoidable misfortunes, or otherwise out of employment anJl 
 unable to procure employment ; 
 
 3. Poor by prodigality or debauchery ; also those called thriftl«j 
 poor, as idle, slothful persons. See further, M.ote n to sub-s. 12 of] 
 sec. 479. As to support of destitute insane persons, see sec. 520. 
 
 (k) A municipal corporation has no power, in the absence oi expiesl 
 legislative authority, to grant money m aid of any local object ( 
 the limits of the municipality. See note k to sec. 20. 
 
 (1) Municipal corporations have an imphed power to appoint nd 
 officers as are necessary for corporalo purposes. See note rtoc 
 243. 
 
 (m) The by-law is made subject to a vote of the people. Sect, i 
 509. Special provision is made as to improvem;:nt8 and ext( 
 by the proviso added to sec. 505 by 51 V. c. 28, s. 24. Seeiit 
 form of oy-law sec. 340. For other powers as to gas and water* 
 sec. 480 and Rev. Stat. caps. 191, 192. 
 
 S.5 
 
 Fi 
 
 been 
 
 edfo 
 
 has h( 
 
 and a 
 
 same ii 
 
 somen 
 
 publish 
 
 wiiicii t 
 
 ^or, J 
 and at t 
 it ehcth 
 voting at 
 
 Nor, tl 
 months af 
 
 ) See notes i > 
 
 ) This no JqiJ 
 
 \SSetseq. 
 
 I See note i d 
 
 Ih 
 
0A8 AND WATER. 
 
 46a 
 
 s. 505.] 
 
 Firstly :— Until estimates of the intended expenditure have 
 b en published for one moifth, and notice of the time appoint- 
 
 l for taking a poll of the electors on the proposed by-law 
 has been published for two months, and a copy of the pro- 
 nosed by-law at length as the same may be ultimately passed, 
 
 nd a notice of the day appointed for finally considering the 
 * me in council, have been published for three months, in 
 !Jnie newspaper in the municipality ; or if no newspaper is 
 published therein, then in some newspaper in the county in 
 which the municipality is situate ; (n) 
 
 Nor secondly : — Until at a poll held in the same manner Poll to b# 
 and at' the same places, and continued for the same time as nwjority 
 at, eiflctions for councillors, (o) a majority of the electors, ™»»J,^ «« 
 
 votni 
 
 (t at the poll, vote in favour of the by-law ; 
 
 m< 
 
 Nor, thirdly : — Unless the by-law is passed within *^ree%^^?^to^ 
 
 onths after holding the said poll, (p) 46 Y. c. 18, s, 505. Fn'Sr^e 
 
 . . . months. 
 
 Provided always that where any city having a population 
 
 in excess of fifty thousand shall have constructed gas or water 
 works under the authority of this Act, or under the authority 
 of The Municipal Water Works Act 1882, or under the au- 
 tliority of any special Act or Acts, or shall hereafter construct 
 such works under the authority of the said Acts or any future 
 amendments of the same, and shall have i*aised the money for 
 the purchase or construction of such works, or shall hereafter 
 10 raise the same by a general rate on the whole of the assess- 
 able property of the said corporation under a by-law or by- 
 laws lawfully passed or to be passed, it shall be lawful for the 
 council of the city to raise on the credit of the said corpoi-a- 
 tion such further sums as may be necessary to extend or im- 
 prove the said works from time to time on the whole ratable 
 iperty of the said corporation by by-laws to be passed as 
 luired by sub-section 13 of section 504 of this Act, and 
 ithout complying with the requirements of this section, 
 id it shall not be necessary to obtain the assent of the elec- 
 or ratepayers to such by-law or by laws, provided the same 
 [I first be approved of by the Lieutenant-Governor in 
 luucil, it being first shewn to the satisfaction of the Lieu- 
 it-Governor in Council that the proposed extensions are 
 
 I See notes t and j to sec. 293. 
 This no doubt means elections of members of council. 
 
 See note 6 to 860. 185. 
 
 See 
 
464 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 505. 
 
 necessary, and that a sufficient additional revenue will be H 
 rived therefrom to meet the annual special rate required T 
 pay the new debt and interest ; and provided also that on th 
 final passing of such by-law or by-laws, three-fourths of all th 
 members of the council shall vote in favour of the * 
 51 V. c. 28, s. 24. 
 
 506. If the proposed by-law is rejected at such poll 
 other by-law for the same purpose shall be submitted t! 
 the electors during the current year, (q) 46 V. c. 18 s 50fi 
 
 507. In case there is any water company incorporated fn j 
 the municipality, thf council shall not levy any water rat' 
 until such council has by by-law fixed a price to offer f I 
 the works or stock of the company ; nor until after thirt 
 days have elapsed after notice of such price has been com 
 municated to the company without the company's hav 
 accepted l;he same, or having, under the provisions of i 
 Act as to arbitrators, named and given notice of an arbitiTI 
 tor to determine the price, nor until the price acceptedl 
 or awarded has been paid, or has been secured to the satis-l 
 faction of the company. 46 V. c. 18, s. 507. 
 
 J«vwron«h° ^^8- '^^^ foregoing clr uses or any of them shall not 
 special Acts construed to apply to or affect the provisions contained inanvj 
 special Act obtained or to be obtained by any company i 
 municipal corporation. 46 V. c. 18, s. 508. 
 
 [As to ptrcliase of toll roads and abolition of imrkt J 
 and tolls, s^e sec. 633, sub-s. 7.] 
 
 ifby-uw 
 rqjeoted. 
 
 ProTiiiona 
 when there 
 is a water 
 eompany in< 
 oorporated 
 for the mu- 
 nieipality. 
 
 Division VIII. — Powers of Councils of Townships, Towss xjJ 
 
 Villages. 
 
 Drainage. gQg rpj^g council of every township, town or village J 
 pass by-laws — 
 
 Borrowing Monet/ for Drainage Purposes. 
 1. For borrowing money and issuing debentures therefd 
 
 (q) The object of this section is to protect the ratepayers from li 
 harassed and the municipality put to needless expense by theoM 
 submission of by-laws for approval of the electors. The "currj 
 year" intended is the current municipal year which 
 January and ends on Slat December. 
 
s. 511.] 
 
 LIVERY 8TA]tLES, VEHICLES. 
 
 465 
 
 , *i.o nurooses and subject to the provisions of The Tile, *^'- Stat. e. 
 [smlf^^rnber Drainage Act. 46 V. c. 18, s. 509. 
 
 9 For making grants in aid of any high school or col- 
 jftte institute, or to build, preserve, enlarge or improve 
 i,«h school or collegiate institute in any adjacent or 
 Itrfunicipality. (s) 51 V. c. 28, s. 25. 
 
 IX.— PowBES OF Councils of Towns and Incorpor- 
 
 ^^ ' ATED ViLLAOKS. 
 
 510. The council of every town and incorporated village Kilde ft!?' 
 
 [lay pass by-laws; (t) 
 
 Licensing Vehiclett, etc. 
 
 1. For regulating and licensing the owners of livery stables, f 'ffi^^'S* 
 y of horses, cabs, carriages, omnibuses and other vehicles iiTery sta- 
 ■ hire ' (u) for establishing the rates of fares to be taken g|''' '*'^' 
 the owners or drivers, (v) and for enforcing payment 
 lereof. (W 46 V. c. 18, s. 510. 
 
 [division X— Exclusive Powers of Councils of Counties. 
 
 mtkg Protection of Booms. See. 5\l (!) 
 
 Guaranteeing Debentures. Sec. 511 (2) 
 
 Fences. Sec. 511 (3) 
 
 Livery Stables, etc. Sec. 512. 
 
 Board of Audit — Criminal Justice A scount. Sees. 
 
 513, 514. 
 Improvements by either County of a Union. Sees. 
 
 515-519. 
 Support of Destitute Insane Persons. Sec. 520. 
 Roads and Bridges. See sec. 565. 
 
 1. The council of every county may make by-laws ; 
 
 By-lawi may 
 be mad* for 
 
 See further sec. 486(7-9). 
 
 jCoiumissioners of police in cities have similar powers to those 
 [conferred upon councils of towns and incorporated villages. 
 
 .436. 
 
 I note /|to sec. 436. 
 ! note g to sec. 436. 
 {See note t to sec. 436. 
 
 59 
 

 i'A 
 
 466 
 
 Proteoting 
 toonia. 
 
 THE MUNICIPAL MANUAL 
 
 Protecting Booms. 
 
 [s. 511 1 
 
 1. For protecting and regulating booms on any strea 
 river for the safe keeping of tr'mber, sifAvlogs and '' 
 within the municipality ; (a) 
 
 Guaranteeing Debentures. 
 
 Ouarantee* 
 ing deben- 
 ture*, in 
 
 18, s. 511 
 
 2. For guaranteeing debentures of any municipality ^(1 
 the county, as the council may deem expedient- 46? ! 
 . s. 511. ' '^ 
 
 Poweri of 
 souuty 
 eounoili in 
 respect of 
 fence*. 
 
 Fences. 
 
 3. For the exercise, in respect of fences along highwa I 
 or parts thereof, whicii it is the duty of the council to m I 
 tain, of the powers conferred upon the councils of townah 
 cities, towns and incorporated villages, by sub-secti 
 17 and 20 of section 489 of this Act. 48 V , c. 39, g. l/"" 
 
 (a) The council of every county shall be deemed and held 
 to have had, and possessed on, from and since tin 
 first day of February, 1883, the powers confen 
 by this sub-section, and also the power to ( 
 aid, and compensate, either by payment of monrt 
 or otherwise, any owner or occupier of land Iwrfa 
 ing upon any public highway within the countj 
 for the taking down, altering or removing any few 
 or fences which, in the opinion of the comci 
 would be likely to cause such an accumulatioi i 
 snow or drift as would impede or obstruct travelii 
 such highway or any part thereof, or for the erecti 
 and construction of some other description of feni 
 approved of, or designated by the council, and si 
 ject to such terms and conditions in that behalf/ 
 by such council have been or shall be fixed a 
 prescribed. 49 V. c. 37, s, 35. 
 
 (a) The right to float timber, saw -logs and atavei over rireni 
 other streams, is an ordinary right of navigation, and is recon 
 by statute. See Little v. Ince, 3 U. C. C. P. 528; Valdwthi 
 Laren, 9 App. Cas. 392. See also Rev. Stat. c. 120. Suchtiobi 
 usually for the time kept in booms, and the protection andregi 
 of booms becomes therefore a matter of municipal concern, ki 
 vir.cial legislature cannot confer upon a boom company poiM 
 obstruct a tidal and navigable river , Queddy River Driving Bm\ 
 V. Davidson, 10 S. G. R. 222 ; 3 Cart. 243. See further ifeJTili 
 SoiiUhtoest Boom Co., 1 Pugsley and Burbidge 715 ; 2Cart.M2. 
 
 j;|i'!':' 
 
[3.5111 
 
 my stream or 
 53 and staves I 
 
 licipalitywith-j 
 lient; 46 V, J 
 
 long highwajJ 
 council to miinJ 
 ills of townships,! 
 by sub-sectioul 
 / . c. 39, s. U, 
 
 deemed andhelj 
 tm and since tl 
 powers confet 
 e power to assii 
 ayment of mom 
 ieroflandbotdt 
 ithin the counl 
 moving any {enol 
 of the council 
 accumulation i 
 obstruct tvaveliil 
 orfortheerectii 
 scriptionoffem 
 le council, and sil 
 Is in that behaKj 
 hall be fixed a 
 
 512.1 
 
 LIVBRY STABLBS, VEHICLES, ETC. 
 
 467 
 
 lavei over riven 1 
 In, and is recogti 
 
 |528; CcMmh.l 
 120. Such tin' 
 -bcctionattdregi 
 ■pal concern, Ajl 
 >i company Mwl 
 Uver Driving Bmf 
 le further Milr 
 |l5;2C»rt.M2, 
 
 , J /^\_(iv The council of any county may pass a by-law 
 
 Jidine that no sled, sleigh or other vehicle upon runners 
 f" . gutters or pleasure sleighs) drawn by horses or other 
 ! i Is shall be used by any person residing within the 
 "Tv for the con'eyance of persons or goods, on any of the 
 
 A r highways within the county, unless the runners 
 
 T f shall be apart from each other at the bottom, at least 
 
 feel nine inches; Provided that no such by-law shall 
 
 I to any sled, sleigh, or other vehicle upon runners owned 
 'P ed by any person not resident within the said county. 
 
 lo) The council in passing such by-law may exempt from 
 Deration all sleds, sleighs, or vehicles on runners owned at 
 jtimeofthepassingof such by-law by any persons resi- 
 nt within the county. 
 
 m] The by-law shall not come into force until the expira- 
 B of one year from the time of the passing thereof, or such 
 ■ther time as the council may determine upon. 51 V. c. 
 
 S.26. 
 
 Livery Stables, etc. 
 
 il2. The council of every county, having county gravel fn*fy,|fg5^i^- 
 lacadamized roads within its jurisdiction, and under its im- livery Bta- 
 jite control, such roads being kept up and repaired by *''"• ***• 
 kicipal taxation, and upon which no toll is collected, shall 
 I power to pass a by-law or by-laws for regulating and 
 eing the owners of livery stables, and of horses, cab.s, 
 iges, omnibuses, and all other vehicles used or kept for 
 lb) '•ad for issuing and regulating teamsters' licenses ; 
 |r regulating the width of tire used on such vehicles ; 
 V establishing the rates of faro that may be collected Rj'^'gj,,^^, 
 ken by the owners or drivers ; (e) for enforcing the pay- 
 |of such licenses, (/) for regulating rates of fares for the 
 lyance of goods or passengers ; (g) and for enforcing the 
 
 |8«e note /to sec. 436. The powers conferred by this section 
 exercised only if the roads mentioned are kept up and 
 iby municipal taxation and if no toll is collected. 
 
 I is presumed teamsters teaming for hire only are here intended . 
 if to sec. 436. 
 
 I note n to sub. s. 36 of see. 496. 
 
 ) note g to see. 436 . 
 
 I note t to sec. 436. 
 
 I note (^ to sec. 436. 
 
I 
 
 
 468 
 
 Ooun'.y 
 boards of 
 audit. 
 
 hi 
 
 I' ^ 
 
 Payment of 
 members of 
 board. 
 
 Enabling 
 •ithereounty 
 of a union to 
 make im- 
 prorements 
 therein. 
 
 Re««TeR, etc. 
 of ttie county 
 interested 
 alone to 
 Tote. 
 
 THE MUNICIPAL JANUAL. 
 
 width of tire that may be used on such vehicles v/h 
 ling on the aforesaid county gravel or macadamivS 
 46 V. c. 18, 8. 512. "^ 
 
 Board of Audit — CriminalJustice etc 
 
 613. Every county council shall appoint at its first 
 ing in each year two persons, not more than one of \ 
 shall belong to the council, to be members of the bm 
 audit, (A) for auditing and approving accounts and de 
 preferred against the county, the approvir" and a 
 whereof previous to the 19th day of December 1868 
 ed to the General Quarter SesMons. 46 V. c. 18 a 5li 
 
 514. The council may pay the members of the said 
 of audit, any sum not exceeding $4 each per day fn 
 attendance at such audit, and five cents for each mile 
 sarily travelled in respect thereof in going to and frnm 
 audit, (i) 46 V. c. 18, s. 514. """ 
 
 Improvements by eithzr County of a Union. 
 
 515. The councils of united counties may make aj 
 priations and raise funds to enable either county 
 to caiTy on such improvements as may be requiredTil 
 inhabitants thereof, (k) 46 V. c. 18, s. 515. 
 
 516. Whenever any such measure is brought 
 the council of any united counties, none but the i 
 and deputy-reeves of the county to be affected b 
 measure shall vote ; except in case of an equality of! 
 
 (h) It would be very inconvenient for the council to l 
 accounts mentioned in this section to the several officers befoq 
 by the Government auditors and final allowance by the Gorei 
 for then occasions might be constantly arising for reclainL 
 the officers any sums that the Government County Auditon] 
 Provincial Treasurer may have rejected. Per Robinson Cj 
 Lamhton v. Pouaett, 21 U. C. Q. B. 472, 484 ; 22 U. C. Q. f 
 see also In re Damdson and Quarter Sessions, 24 U. C, (j,l 
 In re Dartnell and Quarter Sesfiions, 26 U. C. Q, B. 430; /J 
 Sheriff of Lincoln, 34 U. C. Q. B. 1. See also Rev. Statcf 
 
 (») As to compensation to public officers. See notes toil 
 
 (^') The general rule is, that during the unidn of conntieij 
 applicable to counties shall apply to the union as if thetai 
 but one county. Sec. 37. The exceptions made by the i 
 as to representation in Parliament and registration of tid 
 The power for either county separately to carry on improrj 
 a further exception to the general rule. 
 
469 
 
 j 519] IMPROVEMENTS BY EITHER COUNTV OF A UNION 
 
 ken the warden, whether a reeve or denutv vo^ 
 
 (rtionof the county to be affected bv thi .»{ ®*^ ^^^ Ex«ption. 
 
 fll have the casting vote, (l) 46 V. c. 18, " sTe"*** °'* ''®*' 
 
 1517. In all other respects, all the provisions ^f .w . 
 
 Lkinff provision for the payment of x/^""^ °* ^^^s Act P/ovi,ion, 
 
 rf,b,tati„„,a.,all be adhe™d to (^^ S'e V. ^1^ •""' 
 
 llJ. Tie treasurer uf the united counties =1. ii 
 
 mm so raised and paid into hi, t.„j. r""' Pay over Tmuumr to 
 
 „....i...o„t an, deduction or petl^^ "TeT^'SiT 
 
 Ueduotion. 
 
 p. The property to be assessed for the «„..«« 
 ^ in the last preceding four sectionVn* If ?^^^'''*''*«™-The property 
 .same as the property%ssessrd foTanv oib"^''' «hall -Je^-^aaeJ 
 )se, except that any sum to be raised Z ^J county cases. 
 fe county only, or for the payment of anv dlh! P"^P««es 
 [r the purposes of one county only Xlu\ * ^^"tract- 
 \ solely upon property assessed in that cm, nf''^ ^""'^ 
 Iproperty m any other county united wTh'f' ^""^ ''^^ 
 lebentuie that may be issued for suoh Z ' ^^^ ^^^ 
 
 las the debenture of the said nnf ^"^P°««s ^^Y be 
 |kas valid and binding upon that T'^^J °"^^' ^"^ 
 "" were a separate muSicinaHtv h. f "*^ ^' ^^ *^«t 
 Minder the seal of the unTted ^A. I- '"^^ debenture 
 ^ warden thereof, {o) % V el 8^5 1\^"^ '^^ «^g««d 
 
 
 e note; to sec. 157 
 See sec. 357, et aeq. 
 
 L;on the .^iofe ratable property .•..Aeco,.,,,^. 
 
 See note t 
 
 is not easy to understand this part nf fi, 
 
 that the promiae to pav shall Ko Ik ?^ *^® sect on. Is ,•♦ 
 Mfficuftyisthat. u^n'iitpLationlh^ ''^^ «"« ^«"nty 
 a le promising or making a contraoV %l '^ '^'^ corporate 
 Dture that may ge issued may be LThp;! .T^^ P^ovisioS that 
 ecounty only," and shall be as va ?d an 1 • ^^^« debenture 
 'as if that county were a af J x ^"^ t'lndine unon flint 
 Plicate the affirmative of th?. **^ '""«'«'PalityTwoidi 
 rorision, that such debenjLe^.Wf ''" . Bu^i' thHon'^ 
 Umlm, and be signed bv «,» , i ^® "»der the seal of 
 Ith such a concluainn T* -^ "f warden CAereo/ " io ■ * 
 
 --.rs^/-;»£i«.that^£,^s 
 
iprn 
 
 
 
 470 
 
 THE MUNICIPAL MANUAL. 
 
 Support 0/ Destitute Insane Persons. 
 
 ["■ 520. 
 
 county 520. The county council of each county shall fr 
 
 m«ke proTi- to time, make provision for the whole or partia' aupDo^r? 'f 
 de.mut.'*'*' '"i the county gKol or some other place within the co« , I 
 iDMDe. of such insane deshtute persons as cannot properly 1 J™ 
 ted to the provincial asylums, and shall determine th 
 to be paid for such support, and also the par^jes to wh ^ 
 sums shall be paid by the county treasurer 46 v '""'"' 
 s. 520. • ' 1* 
 
 Division XI.— ErcLUSivE Powers op Councils of Tow, 
 
 Respecting Statute Labour. Sec. 521 (1-8). 
 " Town Halls. Sec. 521 (9-10). 
 
 Ferries. 6^60.521(11). 
 
 « 
 
 «; 
 
 (( 
 
 By-lawa muy 
 he made for 
 
 <jommutu- 
 tion of Hta- 
 tute labour. 
 
 Unte of 
 commuta- 
 tion. 
 
 PurcJiasing Wet Lands. Sec. 521 (12) 
 Boundaries o/ Afarsh Lands. Sec. b2\(y\\ 
 Nu'^ances. Sec. 521 (li). ' 
 
 Dry Earth Closets. Sec. 521 (15). 
 Obstructions to Streams and Waler-Couru, 
 521 (16-18), 522. '' 
 
 '* Repair of Roads. Sec. 523. 
 
 521. The council of every township may pass by-l&i 
 
 Statute Labour. 
 
 1. For empowering any person (resident or non-readi 
 liable to statute labour within the iiJunicipality,toooinii( 
 for such labour, {p) for any term not exceeding five ya 
 any sum not exceeding $1 for each day's labour- 
 
 2. For providing that a feum of money, not t^xcedii 
 
 {p) A p'opr'etor of land cannot be compelled actoaliy to doil 
 labour in a oownahip, uii.obs himself a resJcVnt of imhtow 
 Moon y. Jurron, 9 C C. y. B. 233, an'', tue powortc j,wl 
 tor enforcing perfonnanoe of statute labour only applies to.hw'J 
 where the burthen legally exists. In re Dichon and Q(dt,i\ 
 Q, B. 257. Non -resident proprietors are, however, clearly '», I 
 assessment for commutation for statute labour. A noD-renda 
 has not required his name to be entered ?n the roll u noteotil 
 be admitted to perlorm st'itute labour iu respect of land omedif 
 There is no liability lio perl onm statute labour in a Tillagemm 
 In re Stayner, 46 U. 0. Q. B. 276. .See Rev. Stat. c. 193u 
 Mq. See also see. 17, sub. s. 3 (a) of this Act. 
 
 m 4.J 
 
 or each daj 
 ' such stat 
 
 3. For in< 
 
 I vhich the 
 
 irise shall be 
 
 Ihicii such p 
 
 p/iicli they ai 
 
 4. For enfc 
 lent oi a coui 
 ierwise prov 
 
 j See Rev. Stat. 
 
 thy person . 
 bment Act, or 
 [that Act, must 
 jemand Jn ca 
 Ihe same by Aii 
 ipon sumoiary 
 ;in which the 
 J the said aum 
 Jde/ault incurs 
 ipt at suth tijn( 
 ^ied to the coi 
 our for any pe 
 p, and the co; 
 Ithe said persoi 
 TO perform stal 
 «a, is require( 
 Ipatiimaster or 
 ^6 1 and in ^ 
 
STATUTE LABOUR. 
 
 471 
 
 ill, from tin 
 auppoiteithi 
 in the countij 
 iperlybeadn 
 rmiue tbe i 
 !8 to whom f 
 46 V. (. 
 
 8 OtToWMSHin.] 
 
 >21 (12). 
 Sec. 521 (13), 
 
 (15). 
 ater-Cmrm. 
 
 lay passby-l&f 
 
 ent or non-read^ 
 lpality,tooomp( 
 jeedingfiveye 
 , labour ; 
 
 not exc 
 
 Kixinit num- 
 
 ^d actually to doll 
 
 T\t (A mill to" 
 J pc'worto t'wl. 
 Iwapplip* to.Wj 
 \son and GaJ(,8r 
 
 vever, clearly ».V 
 |r. A non-reade 
 
 fcie roll ifl not'"''' 
 Ictonandowied^ 
 
 I a village m""™., 
 Stat, c. 193 1 1 
 
 let. 
 
 h dav'8 lftbou''> may or shall be paid in commutation 
 ^^?ch statute labour ; {q) 
 3 For increasing or reducing the number of days' labour, ,„,„j ^.y,. 
 
 , . L ^jjg persons rated on the assessment roll or other- statute 
 •^ hall be liable, in proportion to the statute labour to '"^*^"'* 
 
 such persons are liable in respect of the amounts at 
 ihicb they are assessed, or otherwise respectively j* (r) 
 I For enforcing tl»e performance of statute labour, or pay- •■^nforeinsr 
 , t of a commntation in money in lieu thereof, when not i'abour. 
 '" wise provided by law ; (») 
 
 li I The power, by the preceding subsection, is to compoi nd " for 
 rterm not exceeding five years." This subsection applie.- to the 
 Lilt of commutation money for each day's statute labour, in res- 
 it of the period for which the commutation is made. The power 
 It bylaw to provide that a sum of money not exceeding $1 for 
 [v jL'g statute labour may or shall be paid in re|pect of such 
 ate labour. There is no power to fix the amount of commutation, 
 I higher rate than f 1 per day. See In re Tilt and Toronto, 13 U. 
 Iq B. 447. The sum so fixed must apply equally to residents 
 
 I are subject to statute labour and to uon-residents in respect 
 keir property. Rev. Stnt. c. 193, sec. 95. Where the coun- 
 «if any township by by-law directs that a sum not exceed- 
 
 II per day shall bo pai(l as commutation for statute labour, the 
 mutation tax is to be added in a separate column in the collector's 
 huid collect' id and accounted for like other taxes. lb. sec. 94. 
 
 re DO such )iy-law has been passed, the statute labour in town- 
 
 Id respect of lands of non-residents, must be commuted at the 
 
 [of $1 foreac*! daj 's labour. Jb. sec. 96. No by-law is necessary 
 
 ii the munic pality desire to fix the commutation money at a less 
 
 [than $1 a day. Robinson v, Stratford, 23 U. C. Q. B. 99. 
 
 I See Rev. Stat. c. 193, s. 91 et seq. 
 
 jAny person liable to pay the sum named in sec. 88 of the 
 Bment Act, or any sum for statute labour commuted under sec. 
 [that Act, must pay the same to the collector within two days 
 demand. In case of neglect or refusal to pay, the collector may 
 the same by distress. If no sufficient distress can be found, 
 ^npon summary conviction, before a justice of the peace of the 
 *in which the local municipality is situate, of refusal or neglect , 
 I the said sum and of there being no sufficient distress, the per- 
 [default incurs a penalty of $5, with costs ; and in default of 
 nt at such time as the convicting justice shall order, shall be 
 xed to the common gaol of the county, and be there put to 
 bour for any period not esceedir.|( ten days, unless such penalty 
 Its, and the coats of the warran'; of commitment and of con- 
 |the said person to gaol, be sooner paid. Sec. 98. Any person 
 ) perform statute labour, under section 91 of the Act, not 
 ed, is required to perform the same when required to do ao 
 Ipatumaster or other officer of the municipality appointed for 
 «e ; and m case of wilful neglect or refusal to perform duch 
 
 * 4- * ' ' 
 
472 
 
 
 i 1 ; ^ 
 
 5. 
 
 TIIK MUNICIPAL MAVUAr., 
 
 For roj^ulatinj^ tlie inannor atxl tln> div 
 
 [». 521 
 
 Roffu latino 
 
 •to. stntuto labour or coiiiiDUtation inoiuiy almll lio |)„,.f 
 
 exponded ; (/) 
 
 
 KndilolDK "I* 
 abollihinir. 
 
 0. For roduciii^ t\w amount of «tatul,o lalmur t 1 
 forinod by tlio ratopay(irs or otliors within tlio iiiuni ' T^ 
 or for ontiroly abolisliitig .such statuto laljour • IG V ij ' 
 521(1-0). ' •'-'"^' 
 
 ,u 
 
 7. For providing for ilio uiakiti},' and kcopi,,., „, 
 township roads duriui' tho season of shMidiinir ii. 2, i '"j 
 and for appointm*,' ovor.soors of highways, op i>atliiiia.sters, 
 
 statute labour after six djvys' notice shall incur a iwiuiltv of «.• 
 upon summary conviction before any justice of tin- noi,,. .i, , 
 
 shall order the same, to^etiier with tlie costs of i)n)Hi;(iiiti(ii/ '"''''' 
 tress, to 1)0 levied by distress of the otrciidcMM" goods and -rtH J 
 and in case there shall be no sudicient tUstross, the otrciulcr I i 
 committed to the common gaol of tlie county, and tlieit put t' U 
 labour for any time not exceeding ten days, unicHs Nuch I'enait 
 costs, and the costs of the warrant of connnitnieut hikI of (.omv 
 
 II* iA 
 
 ft 
 
 the person to gaol, shall be sooner paid. 11). Ail suni.s and iienTd 
 recovered under this .section must bo paid to the treasurer of the! 
 municipality, and form part of the statute hiboin* fuml thereof /I 
 The warrant may, it seems, issue for impriHonuioiit witlmut M 
 summoning the defaulter to answer, or making ;i form il coini iJ 
 Roif. V. Morn.'<, 21 U. C Q. B. 39'2; but see note r to aul).s. ;i3ofs 
 496. A bydaw directing that the over.scer.s of liigliwiiys i 
 bring any pei-son refusing or neglecting to perform .statute 
 before the reeve of the municipiuity or nearest jiistioe of tlaj 
 who, upon conviction, should impose a tine of tiv( shillinijiji,,,.. 
 day's neglect, with costs, and adjudge that the payiiumtdf snoy 
 should not relieve the person tined from the perforniance of tiielabi 
 was held good. In rv K/oildard and Wilhcr/nn-i ^ i„iil Uraiux^. 
 Fraser, If) U. C. Q. B. 1G.S. So a bydaw enacting' that any iieri 
 liable to perform statute labour, who after being duly imtiiieilsj 
 neglect or refuse to atteml, should forfeit or pay live shillinL'sfDrert 
 day he should neglect or refuse, and that the payment of siieli 
 should release such person from the performance of statute laix, 
 was held gOQ!^. In re liannvrinan and Yarmouth, 15 U. C. Q. BJ 
 
 (t) The power to regulate implies a power to make divisiomi 
 which is added a power to regulate the maimer in which the ialf 
 shall be performed or the commutation money expended iueachii 
 sion. A party to save himself from fine must perform, wheiic 
 upon, his statute labour within the division in wliieli here.ii(h 
 V. fhwenixh, 6 U. V. Q. B. 2()(). A townshij) council eau protiijJ 
 the performance of statute labour upon the roads of their toif 
 to the extent of the commutation tax charged in respect of noni 
 dent lands, and for payment therefor out of the general funds ofl 
 municipality before such tax has been received from the coi 
 treasurer, and the work is not necessarily restricted to any pirtia 
 statute labour division. Re Allan and thf. Cornoratiou of Am 
 U. C. C. P. 242. 
 
 521 l/.j 
 
 jxirfoni) tilt 
 hire full })< 
 |;il«iiir with 
 
 [kirjii/Uf Op(t 
 
 fm}' '»''i'fiipl 
 !,ilut(' lulnnt 
 fork hIihU \» 
 OILS .stidiito 
 
 For })vnv 
 
 ^mmttitiou i 
 
 br kccpiiii,' op 
 
 ipcctivc iiiur 
 
 fj. Foriicquir 
 
 Ihin.iir partly 
 
 for (lie j»i;r 
 
 Itiuj: or acqui, 
 imrposo ()/■ a 
 
 lO, Any town.- 
 [a fo\v;i liall /,J 
 
 in IimII, ,niy tii(i 
 
 ("*^'i li.'ill :u)\ 
 
 ht'wut liny oti'l 
 
 low III t;||p tow) 
 
 |nv iimtiinl insf 
 W, \vl\ich is n 
 pjVipallt\'. iM;iy 
 
 for 'loeM.siii^, 
 "•'f'liii flic t,[ 
 Jppot tliercof, 
 pupoii county 
 
 ■ '^l-'t, lUul Uj,(| 
 
 ■''•'"'V .said sul 
 
 '^"•••Stat. c. 
 ''ev. ,Stat. c. 
 
 
|«. 521 \ 
 
 i\H In wWliI 
 irionned, nr j 
 
 ir to W iwr 
 \un\oipai\tvj 
 5 V.o.lH,; 
 
 \m\^ opciiofl 
 in eacl\ VfarJ 
 athniastcrs tij 
 
 unity ot iiKi, in 
 io;vc»", thi! nistic^ 
 neciitioii ami iR 
 lis* a\itl cluUtelsl 
 ' ol^uder may J 
 then' \iul to m 
 svu'ii \teuiUy ; 
 , ivuil of cduvejiiJ 
 iUi»» hihI \wum 
 'usurer (tf tl\e If-" 
 t'uuil thereof. 
 iuent \viti\out m 
 , Um\\\\ I'ouvidid 
 t(l 9V\h-». '.WoisJ 
 
 , \iinh\vays AoJ 
 
 jivui statute lalx 
 
 ii:<tioe of the pel 
 
 •(■ ah\lUi\^sf»re^ 
 
 Lymeutiif s»A6 
 
 ]u;vuce(iftheUboi 
 
 |, ^ ,!»</ (i'ro"''«i 
 
 L4 tliat any ?<ij 
 
 l\u\y uotitioil m 
 
 ■c8hiUiiig»f'^r«H 
 
 lyiui'ut of such I 
 
 f. of statute Ubo 
 
 t, ISU.C.Q.B,] 
 
 make ilivisionil 
 [u which the laM 
 [peuiieAiueachl 
 
 lc\\ \\o resieles. fl 
 liucil can proviiJ 
 I\h of their toffil 
 1 respect of mi 
 I geueral funics «l 
 Ll from the co^ 
 [ted to any part' 
 \ratio»ofAm 
 
 ii...t fliitv and sucli (>v<M'soors and patlnniiHtorH Hhall 
 
 473 
 
 f II Dowor to <;iill "Ut pdr.sons liiiWUi to porform statute 
 ''^' ithin tlit'ir rfspcujtivc luunicMpjiliiiiw, to iWHisfc in 
 ""^ ' (Un'M Hucli roiulH, jiiid timy jjivc^ to such pnrHons as 
 ''''''","^^.1' l„yi,(| ill so doiiij^iMM-tilitiati^s of liavinji^ porfonuttd 
 '"'^ t''iilM)ur to tlio amount of the (hiys' work doii«!, and sutih 
 ''1! Ull Ih' Jillowt'd for to su(!h p(M'sons in their imxt wvi- 
 oli's stilt utolal)(»ur; (^0 
 
 K r Dfovidi'ij; foe the application of so much «)t' th« 
 ,.!(..h'm. ,,t (Ih- statute hihoiir fund, as may he m'cessary 
 Lu'itiii" npeii sucli roads as hist atoresaul, within hucIi 
 ;,I;;iiv/muniril.aliti.-s; (h) 48 V. c. :VJ, s. '20 part. 
 
 Town //alls. 
 
 ft b'DraoquiriiiK' lands in any town or incorporated village 
 ,iri)!i''t'y within, the original houiuhiries of tlie town- 
 t'ortlic puiposc of erectinfj thereon a town liall, or for 
 (i,i,M)rac(iuirins n I'"'"? within such town or viUage, for 
 
 Ae(|uiring 
 Innil for • 
 town hall in 
 a town or 
 Tilhtge. 
 
 piiiposo of 11 town hall ; 
 
 I Vny township owiiiii;^:, rentinjj; or otherwise ac(|uir- 
 
 .^towii hall in any such town or village; may hold atsuch 
 
 i;ill Miiv mc<'tinu;, nomination or election, or post at 
 
 town liail any notice, assessment roll, or voters' list, or 
 
 iiMvat any otlici- act requirt^d l)y law to Ix; he!<l, post(;d 
 
 . ill tliP township at the town hall, and any nuu^tinjj; 
 
 Townnhip 
 iiikI other 
 muuliiiKi 
 may hu hold 
 and iiotloes 
 pdsti'd at 
 nuch hall. 
 
 th(! formation 
 
 lUlli' 
 
 Inv mutual iiisuiance company, oi' ujum 
 enf which is required by any statute to be held in the 
 licipaliiy. may lawfully be hc^ld in su(;li hall. -1(5 V. c. 
 
 m (7, ^). 
 
 FemeH. 
 
 For licensinj^ and re:4ulating fiM'ries between any two 
 
 1 within the township with the same rights and powers 
 
 Lpect thereof, atid as to establishing rates as are con - 
 
 upon county councils l)y sub-section 4 of section 4!)o 
 
 Act, and upon tlu^ same terms and conditions as aro 
 
 jedhy said sub-section 4 ; but this shall not apply to 
 
 ^rry for which a license had l)een granted [)rior to the 
 
 ! Rev. Stat. c. 197, 88. 5-7. 
 
 llev. Stat. c. 197, 8. 5. . 
 
 fill 
 
 Powers of 
 
 townxhipa is 
 to ferrioR. 
 
474 
 
 THB 
 
 Mu!k 
 
 ICIPAL MANUAL. 
 
 [n. .V2I 
 
 30th dtty of March, 1885, and mvim tht»n runnini/ u n 
 expiry of Huch license (c). 48 V. o. 39, g. Ifi. **' "' ''"' 
 
 Purchating Wnt Lands. 
 
 13. Korpu 
 
 fromUoreiii-tion Of perHOI) 
 ment, «tc, 
 
 l'uri!hH«< r>r 
 wot landH 
 
 rchabing from the OoverniiH-tit or any cor 
 ), at a price (in case of Crown Lands to iJf 
 
 ira.i 
 ' fixed 
 
 lUiniDK 
 money for 
 purcbanInK 
 anddralnliigr 
 Name. 
 
 May liuld or 
 dlnpoiie of 
 auch laivt 
 
 Proceadt of 
 sale 
 
 Boundarirx 
 of marsh 
 landM. 
 
 by the Lieutenaiit-Oovernor in Council, and wliich nr . 
 Lieutonant-dovernor in Council is hereby authorized u'l 
 all the wet landnat the disposal of the Crown orHuch • 
 ation or person in such townsliiji ; and wuch liinds I'^'^i' 
 sold accordingly to the corporation of such townHliin" * 
 
 (a) The purchase and draining of such lands Hhall L 
 
 one of the purposes for which "ny huoI, corporfttio 
 ni)»y raise money by loan or otherwise, or for whi ! 
 they may apply any of their funds not otherw! ' 
 appropriated, (d) 
 
 (b) The corporation of a township may pornvm and 
 
 the land so purchased, and may, wlienever thi 
 deem it expedient, sell or otherwise de|mrt witi 
 or dispose of the same by public iiiiotion, in lil, 
 manner as they may by law sell or disposo of otlie 
 property, and upon such terms and conditions ar,i 
 with such mortgages upon tlj(^ land ho sold 
 other security for the purchase money orani 
 tion theieof, »w they n)ay think most advan 
 ous. (e) - 
 
 (c) The proceeds of the sale of sucli lands shall form 
 
 of the general funds of the luiHiiciimlity 46 V, 
 18, 8. 482 (21). 
 
 Boundaries of Marsh Lands. 
 
 13. For declaring that in the case of any lands, thel 
 dary line, or any part of the boundary line wliereof i 
 through a marsh or swamp, or any land coveted withwal 
 the same shall, so far as respects that part of such boimdarylil 
 which so passes through a marsh or swamj), or Innd covei 
 with water, be deemed to be wholly enclosed within thei 
 
 (c) See sec. 287 and ace. 495, sub-a. 4. 
 
 (d) See Rev. Stat. caps. 36 to 3K, and sec. S69 at seq, of thJi^ 
 
 (e) As to the power to foreclose such n»ort<^ages. See Or/on 
 liailey, 12 Grant 276. 
 
 ^m ] 
 
OBATRUCTIONS TO STRBAMS. 
 
 476 
 
 .,.531 16.] 
 
 of section 1 of The. Act Keajwcling Petty 7Venpasaea,\{ postu J*'- «»•» •• 
 "'^ nut up und niftintttined along Huch part of Huch line at 
 •liioea which will permit of each being clearly viiiiblofrom 
 
 i»re 
 
 Nuiaancea. 
 
 14 For rogulating alaxightor Houhoh and manufactureB or 
 ; trades which nmypiovo to be nuiwmces. (f) 49 V. c. 37, 
 
 Dry Earth Closeta^ 
 
 15 For regulating the conHtruction of dry earth oIoHets and 
 
 •. m«.llinL' the use of the name witbin such lituitM within the 
 rconiptiiii b ^^ j„«„„j J.., 4j.„ K„.i /..\ K(\ \r „ 
 
 nuiiioi 
 J9.s,3l. 
 
 pality Hfl may be defined by the by-law (</) 50 V. 
 
 Obstructions to Slreama and Water-coursea. 
 
 16. For preventing the obstruction of Btreains, creeks and ^JrewntiBn 
 lakr courses, (A) by trees, bruKhwood, tinil)er, or other of '.tN»m' 
 
 etc. 
 
 I n See 8ub-B. 41 of sec. 489. 
 
 (;;) See 8ub-8. 47 of sec. 489. 
 
 (A, According to the civil law which was in force in the province 
 
 J Uuebec until the division thereof in 1792, all rivers wore distin- 
 
 lished as pulilic and private. Such rivers were called public rivers 
 
 I niaintiiined a perpetual stream and were capable of being navi- 
 
 £(1 ; and an express interdict was made that nothing should be 
 
 iced in a public stream whereby the navigation might be prejudiced. 
 
 I civilians held that a stream might acquire the denomination of 
 
 er either by its magnitude or by the common acceptation of the 
 
 ghbourhood. A river was distinguished from a common current 
 
 isioned by land floods, because one had always a constant stream, 
 
 ttlarly confined within banks, and the other might bo casual and 
 
 tporary, flowing over a level. A temporary inundation by Hoods 
 
 I not held to deserve the appellation of a river, or to alter the 
 
 jnal private nature of the soil. Wherever a public strejun 
 
 Jed, though it were through a private channel artiHcially made, 
 
 lit constituted that place public ; but on the other hand, if the 
 
 im ceased to flow over it, then it became again private, f'er 
 
 lulay, C. J., in Reg. v. Ateyers, 3 L. C. C. P. 305-317. 
 
 I England there seem to be at cummoa law three descriptions of 
 
 1 01' water-courses : 
 
 [Navigable rivers, technically so termed. See note 3 to sec. 535; 
 
 ! Rivers not navigable in law, but so in fact ; and though priv.ite 
 iation to the ownership of the soil, yet public highways in reln- 
 tto the use of the " ater ; 
 
476 
 
 Lerying 
 vzpensen. 
 
 Penalties. 
 
 THE MUNICIPAL MANUAL. 
 
 b' 521 16, 
 
 materials, and for clearing away and removing such ol 
 tions at the expense of the oftenders or otherwise • 
 
 17. For levying the amount of such expense in th 
 manner as taxes ai*e levied ; (i) 
 
 1 8. For imposing penalties on parties cauairi" nuch ni 
 ins. (k) 46 V. c. 18, s. 521 (9-11.) "' °'""" 
 
 same 
 
 tions. (k) 
 
 When 
 stream la 
 any town- 
 ship cleared 
 of obstruc- 
 tions, notice 
 may he 
 served on 
 council of 
 adjoining 
 municipality 
 requirinp; 
 them to clear 
 such atroHra 
 within thfir 
 muniripn- 
 lity. 
 
 19. For regulating the distance frci any public lii i . I 
 within the nmnicipality within which unenclosed po^rtal?! 
 steam-engines may be used for running a saw mill or si i 
 mill, and preventing the use of the same iov either of "\' 
 purposes witl\jn such di^itance, 
 
 20. For imposing penalties on parties setting up or ope 
 ating a portable steam-engine for either of such purposesi'^ 
 contravention of such by-law. 51 V. c. 28, s. 27. 
 
 522. Whenever any stream or creek in any township j 
 cleared of all logs, brush or other obstructions to the to ' 
 line l)etweensuch township and any adjoining township i, J 
 which such stream or creek flows, the council of the tow J 
 ship in which the creek or stream has been cleared of oli tnJ 
 tion may serve a notice in wiiting on the hojid of the mm 
 of the adjoining township into which the stream w eie.il 
 flows, requesting such council to clear such stream or ciej 
 
 .3. Private rivers, strictly ao called, /'er Macaulav C I i„ pJ 
 V. Mcyn:^, 3 U. V.. C. P. 318. '' ' '" "'j 
 
 The povvens under this section are for preventing ihc obstrui 
 of "streams, creeks, and water-courses," and appear tn appl't 
 the foruyiting stroani.s. 
 
 pplytoi 
 
 (t) In 1859 the defendants assuming to act under Con, Stat I 
 C. c. 54, 8. ;L77, passed a by-'aw requiring persons to clcaront) 
 obstructions in streams across their lots, and providini' that the coJ 
 cil in tlieir discretion might do the work and levy the^oost tliereofl 
 special rate on tlic lands, imposing penalties, &o. The ilefendi 
 cleaied a stream on and above the plaintiff's land, and assessed 1 
 as a non-resident for $7 >, tlie amount expended on hi.s lot, wt 
 pavl. The defendants did not, however clear tiie .stream on tiie] 
 bfdow, nor compel the occupant to do so, wherehy in times of fre 
 jjicreased quantities of water were brought down and dammed 1 
 on the plaintiff's land. Held, that the defendants were not liabl 
 an action for damages at the suit of the plaintiff. Damrd v Ci 
 ham, 24 U. C. C. V. 590. 
 
 (k) See note w to sub-s. 17 of sec. 479. 
 
 »'«^W'^ «f 
 
^8. 521 U, 
 iich obstnic- 
 
 in the same 
 
 such obstruc- 
 
 iblic liigliwiiyj 
 osed porlalilj 
 m\\ or sldngljj 
 either of m\\ 
 
 mg up or opcrJ 
 ic\i purposes inj 
 s. 27. 
 
 u\y township iJ 
 DTIS to llie towiJ 
 Ajj to\vnslii|iiiitJ 
 icil ot' the town! 
 eared of olistnicl 
 iul of t\u> eouwil 
 stream ui' creti 
 stream or ci't-ei 
 
 tug >be ol)3ttactiJ 
 bear tit apply to i 
 
 liulcr Con, StatJ 
 |oii3 to clear out i 
 ViiUngthiathec 
 
 the cost iliereoij 
 to. The ilefeiidi 
 m, ami assessed 1 
 lou hislot, whickj 
 \e stream on the j 
 Ly in times of fn 
 and (lammed 1 
 [its were not liaU 
 Danard v, CI 
 
 RSPAIR OF ROADS. 
 
 523.] 
 
 [+1 rough their municipality ; (I) and it shall be the duty of 
 h last named council, within six months after the service 
 ['''the notice as aforesaid, to enforce the removal of all obstruc- 
 t • in such creek or stream within their municipality, to 
 "'fttisfaction of any person whom the council of the 
 I tv in which the municipality whose council served the 
 r tice is situate, shall appoint to inspect the same. And if 
 h\ council receiving such notice shall neglect the said duty, 
 id by reason of such neglect any public road, street, bridge, 
 "•liffhway in either of the said townships shall be out of 
 ir the corporation in default, but not the corporation 
 It served the notice, shall, besides being subject to any 
 lishment or proceeding provided by law, be civilly re- 
 wnsible for all damages sustained by any person by reason 
 [such want of repair; biit the action must be brought 
 fcithin three months after the damages have been sustained. 
 l) 46 V. c. 18, s. 522 ; 51 V. c. 28, s. 28. 
 
 477 
 
 Repair of Roads. 
 
 l623. No stone, gravel, or other material shall be put upon 
 ! roads tor repairs during the winter months so as to 
 «rfere with sleighing ; 48 V. c. 39, s. 20 part. 
 
 jj lj._-PowKKS AND Duties of Councils as to Hiuhways and 
 Bridges. 
 
 Pjv I. —General Provisions. 
 
 Div. II.— Counties, Town.ships, Cities, Towns, and Villages. 
 i Div! III.- -Townships, Cities, Towns and Villages. 
 ■Div. IV.— County AND Township Councils. 
 ' Div, v.— County Councils. 
 .piv. VI.— Township Councils. 
 
 I Subsections 16-18 of the preceding section relate only to the ro- 
 ll of obstructions from a stream within a township : but where 
 itream flows into an adjoining township, so that it may be said to 
 K joint interest of both townships to have the stream cleared, 
 JBion is by this section made for clearing the stream through the 
 )d municipality. See also sec. 535, by sub-ss. 3 and 4 of which 
 biou is made for the removal of obstructions from rivers form- 
 jDuudary lines. 
 
 I This involves the appointment by the county council of an 
 or. The work is to be done to his satisfaction. No provisioii 
 lexpress terms, made for enforcing the duty cast upon the second 
 ' hip. Mandamus probably would be the proper mode of enforc- 
 I performance of such a duty. 
 
478 
 
 What sbitll 
 conititiite 
 public biKb- 
 
 THE MUNICIPAL MANUAL. 
 
 Division L— Gknkral Provisions. 
 
 [s. 524. 
 
 Highways defined. Sec. 524. 
 Freehold in Crown. Sec. 526. 
 Jurisdiction of Counciln. Sec. 526. 
 Poaaession in Municipalities. Sec. 527. 
 Acquiring Hoods Jor Public Avenues. Sec. 528. 
 Assumption of County Bridges by Villages. Sec. 529 
 Liability Jbr Repairs. Sees. 530, 531. 
 Goimty Roads and Bridges. Sees. 532, 533. 
 Improving and Maintaining County Roads. Sees. 534 mA 
 Maintaining Township Roads. Sees. 536, 537.', »!» 
 Roads under joint jurisdiction. Sees. 538, 540. \.«An:ifi' 
 Transfer o/ former power ti of Justices in Sessions to Con 
 
 Councils. Sec. 541. 
 Roads vested in Her Majesty. Sec. 542. 
 Roads on Dominion Lands. Sec. 543. 
 Roads necessary for ingress and egress. Sec. 544. 
 Width of Roads. Sec. 545. 
 
 Notices of By-laws ajffecting Public Roads. Sec. 546 
 Registration of Road By-laws. Sec. 647. 
 Disputes respecting Rocds — Administration of Oaths y 
 
 548. ' ' 
 
 Mistakes in Opening Road A Uowancis. Sec. 549. 
 
 Highways Defined. 
 
 524. All allowances made for roads hy the Crown 
 veyors in any town, township or place already laid out] 
 
 («) add also all roads laid out by vir| 
 
 hereafter laid out 
 
 (a) Before .'50 (loo. III. c. 1, sec. 12 of which, is the origin of J 
 section, the Crown was not restricted from altering theoriaiuiii 
 of a township, althougli already laid out previous to maiiiug m 
 of lota of land therein. In the original survey, allowances for ra 
 were of course made ; and if afterwards tlie lots were located, desi 
 ed and granted in conformity thereto, it would be inferred that] 
 allowances so made were dedicated by the Oown as public r 
 hut if, after survey, the (Jovernment deemed it e.\p(!dienttoabi 
 or deviate from the principles of it in the future grant of the I 
 ship, no law prevented the exercise of such a right. See H 
 .Ulm, 2 U. C. Q. B. O. S. 90 ; Field v. Kemp, 3 U. C. Q. B. 
 374. In this respect the 50 Geo. III. c. 1, altered the law, i 
 would now seem that if once a road accjuires the legal characterl 
 highway, by reason of the original survey or otherwise, it in 
 the power of the Crown, by grant of the soil aud freehold there 
 a pnvato person, to deprive the :)ublic of their right to use the i| 
 See Reg. v. Bi'thop of Huron, 8 tF. C. C. P. 2.')3; Mmntjoni, 
 1 E. ft A. 429 : /ftf/. v. Hunt, 16 U. C. C. P. 145 ; 17 U. C.C,P.| 
 
. 524] 
 
 HIGHWAYS. 
 
 47d 
 
 tffany 
 
 Thep' 
 
 statute, oi auy roads whereon the public money has 
 resent enactment is in some respects clearly prospective as well 
 
 retrospective 
 
 .C.QB. 
 , C. C. P. 
 
 IOkIoh 
 iere be 
 
 for its language is, "all allowances made, &c., in 
 
 jMreu>«'r"-^^^^jjjp^ ^^^ already \a\A out, or hereafter [to be] laid 
 
 jiny tow , ^^ .^ ^^.^ ^j^^^ ^jjg fji^j,^ qJ ^ Governnjent surveyor laying 
 
 lout, *c. j^jj^^jjuces for roads or streets in the plan of the original 
 
 joiit cer a ^^^^^ lands, would be autticient to give such roads cr streets 
 
 liiirvey o ^1'^^^,^^^^^^. ^f highways, though there may have been no stakes 
 
 Ithelega ^^^^^ ^^^^^ ^^ mark them out, and that they would be 
 
 f*"'*! in la*" highways, before they were actually opened and used, 
 
 Tufnrfi statute labour or public money had been expended upon 
 
 Pe. Robinson, C J., in Rey. v. Oreat Western R. W. Co., 21 
 
 eni' _ „ ,„„ ggg jjjgQ jf^ij^ V, JJunf, supra ; Rowe v. Sinclair, 26 
 
 The fact of a Crown surveyor having laid out a 
 
 tile piaii of the original survey makes it a highway, unless 
 
 ' work on tlie ground clearly inconsistent with the plan. 
 
 I ,rick V Johnston, 2(5 U. C. Q. B. 69. But where there is work on 
 
 Ik cTound it must govern. /'>. Where trespass roads, are used, 
 
 *[' ' jj,e lands of private persons, owing to the original allowances 
 
 t» king opened, the right to exclusive possession of such roads 
 
 t'.i 1 annpar to vest in the proprietors of the soil on the road allow- 
 
 U S2 opencl. See Bon-owman v. Mitchell, 2 U. C. Q. B. 
 
 S V l{a>vk\m, 4 L. T. N. S. 288; Reg. v. Plmkett, 21 
 
 C Q B. 536. But where a highway has been surveyed, and 
 
 road constructed which was intended to be on the line so sur- 
 
 ved if the road be found to differ from the true astronomical 
 
 ementioued as its course on the original survey, it does not fol- 
 
 r that the owner of the freehold is entitled to possession of the 
 
 irt errnneouslv travelled, especially if user for many years be shewn, 
 
 1 considerable expenditure of public money. Proiiae v. Glenny 
 
 U C. C. P. S60. Roads without a defined course or definite 
 
 indaries, are not to be deemed comKion and public highways. 
 
 mgt V.' Dowell, 2 F. & F. 845 ; Chapmnn v. Gripps, Ih. , 864. 
 
 lucii cases should be dealt with in a liberal spirit, with a due regard 
 
 ithe customs and necessities of a new country, where roads are in 
 
 lir infancy and nmch land unenclosed. Per Hagarty, C. J. , in 
 
 lev. Esqnmnij, 21 U. 0. C. P. 277-281. See further Bradburn 
 
 mk, 3 Ch. I). 812. On an application for a mandamus to open 
 
 leged' highway, tlie Court will require sxrict proof of the origin 
 
 le highway. Re Lawrence and Thurloii\ 33 U. C Q. B, 223. 
 
 further Ciihitf v. Lady Maxse, L. R. 8 C/. P. 704. 
 
 road although obstructed at one end may be deer.ied a highway. 
 
 i/v. Veal, 5 B. & Al. 454; leg. v. Spence, 11 U. C. Q. B. 31, 46, 
 
 but would not be deemed a highway if closed at both ends. 
 
 f/fV V. Jameson, 1 C. P. D. 329. And once a highway always a 
 
 way. Bmlijley v. Bender, 3 U. C. Q. B. O. S. 221 ; Rex v. 
 
 chionm o/Downshire, 4 A. & E, 232 ; Rrg. v. Purdy, 10 U. C. 
 
 1,545; Thomas v. Riiigwood Board, L. R. 9 Eq. 418. Land may 
 
 ir statute becon^e a public highway by deposit of a plan shewing 
 
 a hifihway. McGregor v. Calc'tUt, 18 if. C. C. P. 39 ; Reg. v. 
 
 ](, 25 U. C. Q B. 299 ; and in some cases independently of any 
 
 ). O^ielph v. Canada Co., 4 Urant 632, 654; Attorney-General 
 
 WcA, 5 Grant 402; Attorney -General v. Molson, 10 Grant 436; 
 
 WW 
 
480 
 
 THE MUNICIPAL MANUAL. 
 
 |F i; 
 
 [8. 524. 
 
 been expended for opening the same, (6) oi- whereo v i 
 stat'ite labour lias been usually performed, (c) or any i ! 
 passing through the Indian lands, (J) shall lie (leemed I 
 mon and public highways, (e) unless wliere such roads T- I 
 been already altered, or niav hereafter be altered acm r I 
 to law, (/) 46 V. c. 18, s. 524. .See Rev. Stat c ]7<! H 
 44, 45, 62 (I). ■ '"' 
 
 Freehold in the Crown. 
 
 «Y*«'ete'^''" ^2^- Unless otherwise provided for, the soil and 
 Tested in the (//) »»f uverv highway or road altered, amended or 
 Crown. 
 
 fi'eeholdl 
 
 mill out 
 
 (yBritn v. '/Wnfon, 7 U. C. C. P. 246; Attoriuy-dtntral x. /Jo„// I 
 21 Orant "»98. The assumption of a highway y)y a road coiiipam ■ J 
 the purpose of macadamizing or planking it (loes not render the l" J 
 way less a liighway for the purpose of prosecution in the eveit 
 
 ol)sfcruction. Jiiij. v. Darin, 35 U. C Q. 1$. 107. It 
 
 j'-i not L'lcir tliji 
 
 tlie ordinary power nf indictment for ol)structing a highwav isi rl 
 cal)le where the higliway is one which had never been ntien i 
 used. See Hex v. Allen, 2 U. 0. Q. B. (). S. 101 • i{,,, V "' 
 Wisttrn R. W. Co., 32 U. C. g. H. 5U6. ' ' "■" 
 
 ((>) Pubhc money may mean the money of the (Jovenmient oi 
 money of tlie local municipal corporation. Either, it is apprehend 
 would be public numey within the meaning of this section. Bin 
 must be sliewn that the money was lawfully expended, and cxuiinl 
 for opening the road. /'eij. v. //((//, 17 U. C. C. I'. 282, 
 
 (r) It must be shewn that statute labour was nsnulli/ iiertorincil ij 
 the road. Where a witness stated that being pathinastcr for tiJ 
 years some years since, he directed statute labour to he pcifdrmedi 
 the road, l)esides expending money of his own in impiovin" it "I 
 was held that tlie proof came very far short of what the'stnt/ 
 recjuires. Rkj. v. I'lnnkctt, 21 U. C Q. B. SSC-o-tl. .See also 
 Vincf.nt v. Gretiijield, 12 C>. R. 297. 
 
 {d) "Any roads passing througli fliK Indian laiKls" is iiuleiiaj 
 language. So far there has not been any case decided ;is to] 
 meaning. Probably " lands reser veil lor the Indians " are intend 
 See B. N. A. Act, sec. 91, sul)-s. 2t. 
 
 ((-) "Shall be (/eewcf/ common ami public higlnvays.' TlieseMi^ 
 have been read as if they were "shall be /iresmtiftl to he coiiinKni j 
 public highways." In this view inquiry may be had as tothiori 
 of the road, and if the facts repel the presumption, tiie road willj 
 be held to be a common and pul)lic highway. Rui. v. dnai HV 
 It. \\\ Co., 32 (J. C. Q. B. .-)06-r)17. 
 
 (/) Where it was shewn that the roail was only tiavelicil i 
 temf)orary substitute for the proper allowance which ran nearhvJ 
 the latter was afterwards opened, the Colirt inclined tutiiiiikf 
 the former might, within tlie spirit of thi.«i clause, he fairly sail 
 liave been altered when tiie pub'v allowance was opened. fiir*j 
 it liail for mere convenience been substituted. /■'((/. v. I'hmk'l^ 
 U. C. Q. B. 536. 
 
 {(/) The soil and freehold of a highway, at common Inn, rem 
 
 \ 
 
I- ^iHiilil 
 
 1 iiiii 
 
 n 
 
 
 jri m 
 
 !'^v,?iS jr itii 
 
 ■' I** '' '' ' 
 
 ■f ■m 
 
 POSSESSION OF II mil WAYS. 
 
 481 
 
 linff to law, shall be vested in Her Majesty, Her Heiis 
 
 Jurisdiction of Municipal Councils. 
 
 526 Subject to the exceptions and provisions liereinaiter Juri«iiction 
 tained every municipal council shall have jurisdiction over ro»d«, 
 " the oiiginal allowances for roads and highways and «•"• 
 Uges within the municipality, (h) 46 V. c. 18, s. 526. 
 
 rosses»!on in Municipality. 
 
 1 527. Every public road, street, bridge or othf>. 'f?l'^»^V, ^,'^,^t''j^» ^_ 
 iicitv township, town or incorporated village, sliall be shipg^ towns 
 
 Ithe owner of the land. Lade v. Sliiphtrd, 2 Str. 1004 ; Erery v. 
 
 lui ')(i I J Kx. .344 ; Boi-roiniian v. Milrfie/f, 3 U. C. C^*. 15. 135; 
 
 lrl>y.nawkin.% 4 L. T. N. S. '2S8 ; Ih,/- v. Fhiuketf, 1>1 U. C. 
 B 53(). liy t^J* section it is provided that the soil and fiuehold 
 
 I (i.j,.y highway or road, altered, amended or laid out acconliug to 
 
 \ shall be vested in Her Majesty. By sec. 527, it is provided that 
 
 L public road, street, bridge or other highway shall be vctited in 
 
 (municipality) subject to any rights in the soil which the indi- 
 
 lals who laid out such road, street, bridge or highway reserved. 
 
 fwii the two there is an apparent inconsistency. This may per- 
 
 j lie reconciled by reading this section as applicable to roads laid 
 
 [by public authority of some kind, and section 527 to roads laid 
 
 [by private individuals over their own land. Ptr Burns, J., in 
 
 Lv. Oreat n't.sUni R. W. Co., 21 U. ('. Q. B. (54; Mytt„)i x. 
 
 U, 2B U. C. y. B. 64. See further Standi y v. Perry, 3 S. C. R. 
 
 I /Vii/crv. Cox, 8 Am. 98. The right of the public in either case 
 
 nplytouse the road for the purpose of a highway. A user for 
 
 rent purposes, such as excavating soil, &c., would sul)ject the 
 
 jDn 60 using the ro:i<l to an action at the suit of the owner of the 
 
 |oKl. Cox v. illiii', 5 C B. 533. But a })lainti if cannot maintain 
 
 pent for a portion of a public highway. Sariiia v. (ireaf Wesfcrn 
 
 lvo.,'ll U.C. Q. B. f)9; Fitzijibhon v. Toronto, 25 U. C. Q. B. 
 
 Msca<}oodtifled.C/if'<(erv. Alker, 1 Burr. 133. 
 
 j The control of public highways has been by the Legislature 
 
 litteil to the municipal corporations. They have, subject to 
 
 iseivation, in sections 542 and 543, been entrusted with ahnost 
 
 kted power of dealing with existing roads and opening new 
 
 1 See Aftomiy-Omeral v. Xe/iean Road Co., 2 Grant, 035, 
 
 [The corporation of a county is liable to damages for neglect 
 
 p in repair a county road >)r bridge. Harold v. Shiiro( and 
 
 «, 1() U. ('. P. 43; 18 U. C. C. V. 1; see further, Re;,. 
 
 b-iriZ/c, '2'2 U. (;. 0. V. 431, and may maintain an notion for 
 
 iry wrongfully done to a county road or bridge. Wellintfton v. 
 
 i 14 U. C. C. B. 299 ; 16 U. C. C. P. 124. As to the duty 
 
 pcils with respect to opening and repairing roails. See Hislon 
 
 fMi<ofMc(Hllivray, 12 0. It. 749. 
 
 61 ' 
 
482 
 
 THB MUNICIPAL MANUAL 
 
 [»• m 
 
 «todX52;^®^*'^'^ •" ^'^^ municipality, (i) nulyeot to a.iy righti 
 
 TMtedin 
 
 wm 
 
 joint stDuk oomp lilies are not inolucled. S/. Oaflmniic^ v ^i°* 
 20 U. (!.(!. P. 107; 21 U.C.C.P. 190; see alao /V^ W/n'fhu i 
 C„. V. W/iHb;,, ISU. 0. Q. B. 40; /Jej/. v. fl,-o»;« md iUnn 
 C. (^. P. 35(5, unless purchased or otherwise legally .leiiuire] h 
 inanie!palitijH in which situate. Rcij, v. Parix, 12 U. C c' 
 A*''/. V. L'tntli, 13 U. 0. C P. (515; nee also TntUinv nnin 
 ;>()(. If the company permits their roaa to remain out of r 
 nine months next after the time fixed by the eiigiuuer or irl 
 for 'opair of the s:ime, the company siiall forfeit all rialitto 
 roaiil, and the municipal council of the county through'whi'h' 
 ro id or any part thereof pisses, may enter upon aiid take wy 
 of the same, and oxercisi; the same jurisdiction over the same 
 roid company owning the road were entitled to do ii'ider ttia 
 Sl.»ck Road Companies Act. Ilev. Stat. c. I5!t, see. 12'^ 
 the council of the county do not think lit, within tlie ni 
 one month next after the oxpi ration of tiie nine nioi 
 assume by by daw such road for the purposes of ropijrinc^tl 
 and levying tolls thereon, the council of any niunicihaiitf 
 would, under tho provisions of tiie Municipal Institiitioiia 
 force in the Province, be roipiired to maintain ami keopsuoli 
 repair as a common and ))iiblic highway, shall Ixj liahlc to tl 
 duties as such council has or is subject to in respect of t 
 roiils within its jurisdiction. Ih. sec. 12.3. Any such (joni 
 by bydaw ab imlon any portion of their road. //>. see. 81 
 such abandonment the council of any municipality witlii 
 such road or any part thereof lies may assum'j such ahiiiK 
 tion of the road as lies within tlie municipality, and hive 
 cise the same jurisdi(ttion over the same, and he liable toj 
 duties, as such council has or is subject to in ri'spect to 
 roads within its jurisdiction. Lh. s. 81. So the omi 
 abandon the whole of their road. Aftei- sudi abaiidoi 
 council of the county witldn which the road )rany parttl 
 may assume the abandoned pf>rtion of the road lyini' 
 inunicipalitv, and enjoy all the rights, and be suhject 
 responsibilities and liabilities, as provided in section Ij 
 Act. Failing such action on the part of the county conn 
 becomes 8uV)ject to the .same jurisdiction for the control 
 thereof, as further jirovided in section 123 of that ActJ 
 no such company is entitled to abandon any intermedial 
 their road without the consent of the council of the ci 
 which the portion of the ro.ad lies, such consent to bn 
 bydaw. lb. So provision is made for the vestint; in t 
 itiea of roads after sales thereof to purchasers who mal 
 
 ay-"/-"* 
 
i which the individuals vho J • i ^^ 
 
 »,.rh,sl,way reserved, <•<.) HnTlxll;":!: '■«•". «'".»., «»„e,p^,. 
 
 ini'such roads in a nr/m,^^ ~i-. "^ riarhtu 
 
 483 
 
 ftuMpiJOiic roads, undpr - ,, * '"^ ""•» affcerwirrio i "• '^'. 
 
 „ .hose hwiiH situaC /r^S" ''";'*'"1 of the ToS J! ^"^'^°°«^< 
 
 "focJ. municipality J I?" V ^''-arf/brr/ oo7;''Vr";.!"'''P'»li- 
 
 4 of such a bridge as lies Jh • ''^ '"'""tena ,oe nJ ' •'" "'>' 
 
 m. A road or l)ri(Jae^ ' l" '" ^/«r,-oA^ v ^v- ^ ^^s^H'^e,! by 
 t.he protection of 3Sua^^" ""«"'^te I i« thT"' '* '^- <^- 
 fcri^l.t.publicroad XS "jl^ ^^'* '^^ eml'^l^^^^^ienc. 
 
 ftfi. 737; Sj-fr^-< n Q. n77'''/""' ^-^^«'-^/': 
 
 fc,ii u. a Q. B. 31 • >:;"'^''''T' 4 u. c o 'ft ^ffi ^•- -''^^nV, 
 
 Lwr/a;'.,fl»r, 2 East 356,7 '^r'^o". « H. C (' u Lt!'''-'- ^'■ 
 
 I m. Every ndivid^ i ^- ^•^' ' ^^one ;«',j^/'«n'. 5 Burr 
 .i, street, or bricigi 'ni ^'^^ «." ecjual ^1],/^'"' «^^'«'^o« 
 
 ^proprietors, and Is such J,\rT\i'^^ •'■"rpomt^nr" " P"^" 
 m than any other corn„ ^' *'tled to contro Vr ''''""«* '^" 
 kr,.,l., or highways '"J,P'*''*t'on or perso nT. / ' ^'«*^««•«'^ 
 pole Lly of the 'corrti-''' ^""' «^-' e /i^;:'";"^^'^' ^or- 
 fcicaminot by virtue of '""• '^'^ey J.oJd .^"^.^''^ '"?"««* 
 Ptomaintai„^a,rarti„.f '*^>' .*'t^« ^'hic/t nf' *'""'**^«« f'"' 
 Iftra/ /f..V.n* // r ^*^^ e/ectment. /t "(^'r P««««««ion 
 Lfor injuries done to ,^' T' ^- (^' Q- J (^''^T' '^' '" 
 I See 77,«r/o., v. SI,/ ?-'%?'' '•••'•^'A'e« with;;, ^l!* ■"''^>'' '"* 
 
 II if into, d'u. to ,if •^^^'■" ^- ^^w-% rT ;<• f ''^/«-«/i 
 
 |qd eorporatfent " Z^^P-*^: "rp"! «,^;, ; ^^^ '^ iHo.' 
 tvero3se,Hion, shonh/ S7""f « ^f a road o S ' '"" '''''^ 
 m.Sarma v. r,V, J^ L /«»"« the nVht i > P'^P^'-^y • 
 fc» within t'>wnship« t/^'"^'-" /'•• fr. (I jrnr^yf 
 
 h- roads. 4rfeSr^-^'-^i--t4^^^ 
 
 Hand freehold of rondo •, ' 
 
 >>er, is obliged in ^''^V'^'"' v. i>,,,,.^. ^^ yV'^'^^^reated by 
 fe-^st take it^su L-ect to'''"**^ ^ ••«'-^<' ' and if ^i,^- '^- « ' 
 [^w. 2 R A «. ^si*^ *" '"'y co„,litio, the , 'L^'' '^"'^^''^ 
 l« a highway a Jnr^L c"" "'^'''er who 17^^'' ""looses, 
 fright of UsEr^ M« '«»'l mr "irf*«« ^» the 
 fcexercise afi otSfr r ghS^^''^ «-«J tie hSl.'"; 'f «'' 
 
lit -^^^i- Fin'' 
 
 
 
 ■ill S-.V. :i,rA 
 
 
 hiv 
 
 
 1 
 
 P 
 
 B: 
 
 
 i 
 
 11 is^'i 
 
 
 Kii 
 
 
 
 1 
 
 i' 
 
 
 
 ;^S'^ 
 
 
 
 li^i-, 
 
 
 lil: 
 
 Hi 
 
 
 
 1 
 
 Is' 
 
 I . 
 
 484 THK MUNICIPAL MANUAL. r^ (|,. 
 
 other road within the city, township, town, oi imo 
 
 therowith. /^tr Mellor, J., in St. JUarji'H, N<whiijloiiv. .lucnh 
 11. 7 <i^. B. r>3. There may be a dedication of a ad Ut Kac in*! i I 
 
 manner as a thoroughfare. Stone v. /*rooA-«, 2 Withrow 7o • v / 
 36 Cal. 489. There may be a dedication to the puhHc of a riirht il 
 way, 8. ch as a footpath across a field, subject to the right 4.1, I 
 ot''^i.>r c the soil to plough it. up in due cour;"- . im u^kiJ I 
 •'■■■*■ ?v 11 trace of it for the time. Mtrcerv. Wooduat, l'v^-\ 
 v; R lO, Arnola v. Jilaktr, L. It. BQ. U. 433; Aniold\: JhlhnJl 
 L • 8 Q. B. 9D. The registration of a plan tif a Bul)(liviHi(jii ![ I 
 icnvu lot and making sales in accordance with it, does not constitntlf 
 a dedi m of lanes thereon to the public. L't Motion reWtid/ I 
 St. Thoftut , 6 A. K. 323. The mere fact of the owner 01 laiub 11} 
 ing them in lots, according to a plan shewing streets and lanes auioia 
 ing the several lots, does not bind him to continue such streets atil 
 lanes, unless a purchaser is materially inconvenienced liy the doiiiul 
 of any of them. Carey v. Citij of Toronto, 11 A. It. 41(5. )|7| 
 Cj. R. 172. A deed executed by the owner of land almttinedB,! 
 lane in which the limits of the lane were given, may hu refemif 
 to for the purpose of ascertaining the width of the lane. Km A 
 Doiialdiou, 24 U. C. C. I'. 148. An owner who opens a passage thrciiil 
 his land and neither marks by any visible distinction, nor exclZI 
 persons from passing through his land by positive proliihitjon, gU 
 be presumed to have dedicated it to the public, /«/• Lord Ella.! 
 borough, in Hex v. L/oyd, 1 Ciimp. 2G0. But an ^ilistruetion. mil 
 as a gate post or (diains, may be looked upon as evincing a contrail 
 intention. Boliprtu v. Kerr, 1 Camp. 262 n ; LethhrdUie v, \\\2\ 
 If). 263 n ; Woodyer v. JladdeM,5 'J'aunt. 125; Jitx v. Inkalntanttii 
 St. Beni'dict, 4 B. & Ad. 447 ; Hex v. Jnhahitants 0/ Ltah ,5^, f^^ 
 469 ; Marquis of Stajllrd v. Voymy, 7 B. & 0. 257 ; Ihrmtimijh 
 Jofinson, 8 A. & E. 99 ; Foole v. Hn.'<kiiuion, 1 1 M. & VV, 827; /'ij 
 v. Pryur, 2() L. T. N. S. 758 ; Jfeakyv. Cvrfjoratioiiof Baklill 
 19 Eq. 375; Conimoiiireu/th v. Neiuhury, 2 Pick. (Mass.) 51; l>j 
 V. Leirixtou, 25 111. 153, but it is not conclusive. Johvxton \ li 
 8 U. C. Q. B. 142; JJaries v. Sttphtm, 7 C. & P. 570; Iknnipi 
 Creclimtn, 42 U. C. Q. B. 29. A highway may he dedicated toi] 
 public subject to a pre-e-xisting right of user by tlie occupieni 
 adjoining land for the purpose of depositing goods thereon, ilm 
 v. Chamberlin, 6 H. & 2s. 541. Where an erection or excavaa 
 exists upon the land, and the land on which it exists or to »UJ 
 it is contiguous, is dedicated to the public, it is dedicated siibji 
 to the inconvenience or risk arising from the existing state of tliia 
 F'lHhvr v. Proir.se, 2 B. & S. 770 ; Robins v. Jows, 15 (' B N! 
 221 ; Le AV /v v. Mile, End Old Tomi, 8 E. k H. 1054. Wtml 
 municipal corporation laid out a street over a defendant's lamlu 
 appraised his damages, it was held that the corporation in redu 
 the street to the proper grade had the right to carry the soil tiif 
 from and «leposit it on a street in another part of the muiiicip 
 City of Nein Haren v. Sarfjent,^ Am. 360. f'lec GriiKoldx. 
 Gity, 35 Mich. 462 ; DeMninton v. Clark, 125 Mass. 215. Itk 
 been held that the owner of the fee of a puldic street is no' cBlill 
 to compensation for the construction ancl operation of a huiten 
 way thereon in the absence of special damage. Hvhart t, 
 
, 528,J 
 
 ACQUIBINO ROADS FOR AVBNUE8. 
 
 485 
 
 ,.,. gg taken »»n<' heH posfiession of by an individual 
 ' r ^^fVstroet, road (>•• highway laid (>ut by him without 
 i„lieiiOT»B" , /A ifi V p IH s 5'27 
 
 ,ompen«at:on Oieref^r. (0 4b V. c. l?* s. o./. 
 
 Acqnlrhh Hands for riihlic Ai'eiiurs. 
 
 MR The council of every city and town may ves[Hic- ^^^^^f 
 [.• pIv 1...SH bv-1 vs :ur acquiring and assununo; possession ofjanaH^for 
 r\ control over any pubiio highway or road in an adjacent avenue or 
 uniiirfility I'y ""'^ ^^'^'' ^'''^' <^o""^'"* ''' '^"^'' numicipality, ^■»»'- 
 \ siuiie l>oinj,' signified i)y a by-law passed tor tliat purpose, 
 br a i)nl)lic avenue or walk ; 
 
 A 1 for acquiring fri.<ii the owners of the land adjacent to 
 
 mil lii<'liwiiy or road, such land as may be required on 
 
 Ltlier side oi such highway or road to increase the width 
 
 „/•.,. r//)/ Rn!lim>i, 9 Am. 4(51. See further, linliatiaimh.'^, d-r. /»', 
 ' V, V itarlhy, 10 Am. (i'24 ; City of Rekm v. Hnnton, Ih. 629. It 
 ' ke" li«'"l tiiat where a highway is out of repair, the public 
 etlie teinpovary riyht to go on the adjoining land for the purpose 
 ... 1 Carrkk v. ,/ohiixton, 26 U. C. Q. li. 05. liut see Arwihl 
 
 See aXao V Loiii/hfiii v. Duhv/ii' 
 
 1 travel 
 
 [iWWo/, L. R. 8 Q. B. 90, 100. 
 
 I Iowa ri39. 
 
 [(/) \ concession or other road, taken and held possession of by ao 
 Miviilual in lieu of a street, road, or highway laid out by liim, witli- 
 , compensation tlierefor, is exenii)ted from the ojieiatinn of thi.-s 
 lion. In case any one in possession of a ecnicession road or side 
 liiis laid cjt anil oi)enod a road or street in place thereof, and 
 iwhich no compensation lias been made to the ow ner, the owner. 
 lisliuuls adjoin, is e.utitlcd thereto in lieu of the road laid out. 
 ,551, Tiie municipal e(mnoil is also authorized, under certain 
 omstances, to convey the portion of roadtotlie i)erson so entitled. 
 If tlu'v are to e.xerci.so a discretion as to the conveying, the 
 live etiect of the enactment, may be destroyed, unless the 
 ■ts have power to compel the municipality to convey, or unless 
 lenactinent itself gives a title thereto. The fact that tliis sec- 
 Jvest.s the other road allowances in the corporation but excepts 
 taken and held by individuals in lieu of a road laid <mt 
 out compensation therefor, goes to sustain the yicw that such 
 lances are vested in those who have taken such possession of 
 llumtl md Mar/horouijh, 29 U, G. Q. B. 1 19, 132; lie lieemn- 
 nm.^lnj, 8 0. R. 98; 13 A. R. 225. See also Ptm/y v. Forlei/, 10 
 , Q. B. 545. A nmnicipal council may sell any work or maca- 
 ;il, plank or other tidl road which they hare con.structed or 
 sed, or any stock held in any road or other company, and 
 (the proceeds of such sale to the pajment of debts contracted 
 construction of the same, or for such stock ; or if no debt 
 b'or such work, road, or stock, then to the general purposes of 
 anicipahty or otherwise as they may detennine. Rev, Stat. 
 69, .s. 65. 
 
486 
 
 ii/ 
 
 im 
 
 wM 
 
 
 
 THK MimiCIPAL MANITAL. 
 
 [«. 5; 
 
 thereof to the extent of 100 feet or leaH, subject to ti 
 viHions of Heetion 4K3 of tluH Act. 4G V. c. ih « »,)!! 
 
 J «, K, ,12^ 
 
 pr(i. 
 
 AMUiiiption 
 bv viltngcH 
 Of bridKcN 
 under con- 
 trol of 
 
 OOUDt.V, 
 
 AsHuiiiplion of County Jirldc/tn hy 
 every county 
 
 Vilh 
 
 Wjrg, 
 
 629 The councils of , ., , ,,.„ „.,, , 
 
 villiigt. may \mm hy-laws for carrying (.ut any mraiiL 7 
 l)etween theui tor theaHHiMnptit)n, hy the vilhigf. iimni'^ 11 
 I if any hridge within its limits, under thejurisdictid f'l 
 county council, and for such bridge being toll t'lcc • . a \ 
 the )»ayment by the village nninicipality to tiic county ' I 
 cipality of any part of the cost of the constiiHiinn^./ J 
 bridge ; 
 
 construction of 
 
 ''iicU 
 
 Approaches 
 to^bridgcfi. 
 
 Liability i»i 
 ropair of 
 
 After the passing of such by-laws the bridge shall I J 
 remain, under the exclusive jurisdiction of the villa.re T 
 cipality; and the village municipality shall he subject t« I 
 the lial»ilities in the premises, which but fitr tlie transfer w y 
 have devolved on tlie county '"""ic'pality ; and thehiJ 
 shall be and remain toll free. 46 V. c. 18, s, 52<j. 
 
 JAability for Jiejiuirit. 
 
 530. The approaches for 100 feet to and next adjoij 
 each end of all bridges belonging to, assuiued l)y, orunderli 
 jurisdiction of any municij>ality or municipalities dlmjlli 
 kept up and maintained by such municipality or ninniciiii 
 ities ; the remaining poi-tion or portions of such lumyA 
 shall be kept up and maintained by the local iiiunc'i|ialiti«i 
 which they are situate, (n) 46 Y. c. 18, s. i);iO. 
 
 531 — (1) Every public road, street, bridge and higln 
 
 etc. 
 
 public road.", shall be kept in rej>air by tlie coinoratioii In] 
 
 etr. * ' ' 
 
 in) The proper meaning to he .attached t« the words "approMlj 
 in this section is all such artiiiciul Htructures as iiitiy be nma 
 necessary and convenient for tlie purpose of enabling tlie pnblk 
 pass from the road on to the hridge and from the bridge on toj 
 road, if no such artilicial structures are requirtul for that pun 
 there is no liability to keep up and maintain uny. If such arm 
 structures are required, hut not to the extent of 100 feet, theM 
 is only ro keep up and maintain them to the extent to which tli«« 
 required. Travtmy v. (Houceater, 15 0. K. 214. This piovisiooJ 
 not relieve the " local municipalities" from their liability umierl 
 .'jSI. They have the right to enforce this proviaiunawiinsttbebii 
 owners, but to the public they still remain liable under see. 531, 1 
 
 ip) The duty is to keep every public road, street, briiige i 
 way in repair. In England an obligation to ktip hiijliwavjiin 
 rests at common law on the p.irihhes and counties. %■. v, hn 
 Urn, 5 Burr. 2700; Hex v. Ptndtrryn, 2 T. U, ."13: %. v,, 
 
 I 
 
KEPAiniNO HIOIIWAYH. 
 
 487 
 
 to the pr()- 
 8. m. 
 
 'wjrg. 
 
 iuc()rj.orat«i| 
 tt\ ran'^diientl 
 niuiiicijwliuj 
 .diction of tlJ 
 tree ; and k\ 
 county mm] 
 uction of Miclij 
 
 ;t* s\uil\ W , aiiiil 
 le village iraini 
 Ije 8u\)jwt t«j| 
 letnuisfevwoiii 
 ; and t.he WjI 
 8. 529. 
 
 i(\ next adjoiiiiii| 
 ilby, orumlertl 
 iipalities, shall 1| 
 lity or inuniciji 
 Huc-li ^(proAtV 
 [l inuuciiialitisj 
 
 Ba<^c imil Iwg^'"! 
 lonitiou, (ji) 
 
 lwortl8"ai)proMl 
 , may be veiiaoD 
 kblinu tlie pnUi 
 the wvige onto 
 .,;(l for Ihatpwil 
 , \i such atWl 
 ioO feet, the liiM 
 •nt to which tl«j| 
 'I'his pioviaioil 
 Ir hab'hty umlttj 
 LouiigaiiwttbeW 
 Iuuni\er9ec.i)3l.| 
 
 l-eut.hriAgcJiidli 
 .uhiawiiysun 
 
 lies, ^li^'^-''^" 
 lr,\3; Kf9'^- 
 
 OD 
 
 default of tlie corporation m> to keep in repair, 
 
 u 1 H"'' • llfx V. Liverpool, .'J Kant. 86 ; Hex v. OaifordHhire, 4 
 '^'v P^iQi • V« V. LJcvlexJcM, I H. * Al. 348; Hex v. AaMrinator , 
 •^ * V 765- AV.C V. /.f«Ae, 5 B. & Ad. 469-482; Jteg. v. /«W/- 
 /nw/^wrrc. 19 L. .1. M. C. 21 f>; Jlenteif v. Cor/mmtion of 
 I R ll> K«|. 375; /^^7. v. l/orlei/, 8 L. T. N. S. :m. 8* e 
 Kilchtutr, L. I{. 2 C. C. 88. It would aecm that in this 
 Hiniilar common law obligation. WeUimiUm ^ . 
 
 C. P. 43 ; 
 431 ; ara.^ 
 Anauiihoia, 4 
 a review <>t 
 
 6 A. - 
 
 M«M of LonU 
 
 ,»lbO %■ V- 
 
 IMaiiifoba Rep 
 
 8C8, tha 
 
 Ijcciwioned by 
 
 S'lsci that n imudcipality i8 not responsible civilly for damaaiH 
 !. ,v-i..ned by (i'^ffctive highways or bridges, uideuH made so by 
 
 337 (same as this section) which 
 
 Irfatutc "Apart from sec. 
 
 the burden of repairing the roads within the respective 
 -' jgjpaiities in which they are situated, the common law duty 
 *"" ■ to all such bodies to repair the roads which are 
 
 which they cnn raise the funds 
 
 lould apply -.,.,. , t „ 
 
 fithiii their jurisdiction, and tor w 
 
 ■uuired for the purpose." Per Wilson. J., in Wellington v. WiUm, 
 
 lil' C C P. SO'lt" " We are of opinion for the leasons hereafter 
 
 i u and upon the authority of decitled ca8i:s, that there ia a clear 
 
 mmonlaw hability resting on the defendants both civilly and crimi- 
 
 Jlv" r«r Wilson, J., in Jfarrold v. Sivnoe, 16 U. C. C. P. 50. 
 
 M take it that a cori)orati()n, chaiged with or HHSuming the custody 
 
 Birnad or bridge, and having funds or the means of obtaining fundN, 
 
 r exacting toll or levying a rate upon the members of the corponi- 
 
 with which to make repairs, is at common law bound to keep 
 
 I road or bridge in an efficient Htate. Per VniiKoughnet. C, ]8 
 
 I C C. P. 14- I" the United States such u duty is altogether the 
 
 iture of statute. More.y v. Nnv/ane, 8 JJarb. (N. Y. ) (545 ; People v. 
 
 jummmtrs of lIujhwayH, 7 \Nend. (N. Y.) 414;('hidKey v. Cuntmi, 
 
 lCm\. 475 ; Biijihui v." Randolph, 14 (Jray (Mass. ) 541 ; Hill v. Bon- 
 
 \l 122 Mass. 344. See further, note z to sec. 635. Then, what is 
 
 nxr'i It is impossible to give a definition which will apply to all 
 
 In general terms non-repair may be said to be any defect in 
 
 jfhway which renders it. unsafe for ordinary travel. See Castor 
 
 *iW(/e, 39 U. C. Q. B. 113; Hixon v. Lowell, 13 Uray (Mas*.) 
 
 [Barkrv. Roxbury, II Allen (Mass.) 318, 320; Iliwiaon v. Nexc 
 
 m, 34 Conn. 136, 142. As to liability for non-repair, see City of 
 
 l/iav. Walktr, Cassell's Dig. 98; Colchester v. Wainon, 76., 99; 
 
 tof Portland v. Griffitlin, IIS, C. H. 333. In determining the qnee- 
 
 pf nonrepair, the nature of the country, the charncter of its roads, 
 
 he care usually exercised by inunicipalitiei) in relereiice to such 
 
 .must all he taken into account. Hull v. liichmond, 2 Wood & 
 
 A new side line or concession line, opened in a township 
 
 [scattered, could scarcely be expected to be fouiul in as perfect 
 
 iition as an old highway in a well settled township. Per 
 
 am, C. J., in Colbeck v. Branf/ord, 21 \J. C. Q. H. 276. See 
 
 tt Ft(j. v. iioiird of Guardians. «f;'., 8 L. T. N. S. 383; if Connor 
 
 nofcee, 3,5 V. C. Q. H. 73. The obligation exjtressed by the 
 
 pliKise "keep in repair," is satisfied by keening the roatl in 
 
 k state as is reasonably safe and sufficient for the loqniremunts 
 
 particular locality, and in deciding whether any municipal 
 
 I is chargeable with default, regard must be had to such cuu- 
 

 4 
 
 I u. I 
 
 488 THE MUNICIPAL MANUAL. [•. 531 n 
 
 the corporation shftll, boHidcH being «ul»joct to any puni,u 
 
 ■iderfttions nn tho meanii at the onmmnn(l of tho council and ii 
 iiaturii of tho ortliuary tralHi; of tho locality, hiirrn v V,„„. '| 
 A. R. «02. Sue nUo Ma.r>re// v. C/nrkf, 4 A. II. 4(10. "A immioij 
 corporation in not an insuror nKniiiBt ucoidontB upon tlm gtruutinVl' 
 didewiilka ; nor Ih evtM-y defect therein, though it may cnim thu injnn 
 Muod for, actionable. It is HufHci«nt, we think, if tii.; ntrcets (wU 
 include the sidowalkn and l>iidM»)8 thereon) are in a rcii8oiinl,|y J 
 condition for travel in the ordinary modcH, hy ni«ht .w wfll • 
 
 1 I ^ t. Al.. .. .. ji.* 1.1.^ 1.1 '.t 1 1**11 i.f.ll..| I i I 11 .. jf i. ..I *.. I 
 
 and wlu'ther they arr so or not ia a praoticid (^u^^^ti<>ll to IxMlutuiini 
 in each caao hy its p.irticnlar circuniHt;in«'ert." />///„// (,„ .\i„|,j^, 
 C'orpor'tiona, ;Ud ed. sue. 101!). it niuHt In- ii .|ui!»tioii „f 
 altogether for a jury to Hay whether tho plucu iillogud to Ik.- 
 of repair is dangerouH, and, if mo. from wh.it I'luwen ; an 
 
 from "a natural "cause or process, whether tht! ,„ 
 to repair the road ccmld reasonably and coiivdiiitiiitly 
 
 ainl 
 
 ptTHOlH |i)|,| 
 
 to repair tne roa<i ccmiu rejwmimujr ium iJimvciiitnitly, an n^art 
 oxpendituro and labour, have ina<lo the road xn/r /;„',m-'. fVi,« 
 V. Sf. ManjH Hank Road Co., 2S II. C. (^ 1{. i>47, 'iM. It 
 .1 ouostion of fact depending on the evidence whctlu^r the miinid 
 pality have been guilty of negligence or failed in thuirroiwoiiiilileiljH 
 sVf »■«/(.)// V. Kfnf, 14 A. I{. 12. See also iV(ill„uv. )''»/•(-, (I A, 11, ij 
 The aoiison of the year, the place of the iiccii! -lit, tlie hnurof thedi 
 or night, tlio niannru- and nature of the accident must illlw takeni 
 to consi(lor:ition in determining the question. .See < 'a.i/nr v, IJ/hri^ 
 •M) U. ('. Q. B. i \'i ; li'iii'jloiiil V. Ti>roiih>, 2;( U. ('. V. I», !IS; //,,/j 
 \. WmtUyr, .*U II. C. Q. H. 4S7 ; .'I.V" v. 7'oroiih>, 30 |;. c. ^;^ 
 22r» ; .SVxi/'i/z/x V. yiii'piirt, '2'A Vt. !) ; Afm-H/ v. Hdiii/nli'ii, '.'d.Mi., 
 Pronih'iirr v. ('/«/'/>, 17 How. (U.S.j l(il ; /J/~. v. I lotion, Mm 
 (Ma.s».) 'M\ri; Ji)/iii-«>ii v. Ifari-rfiill, ',\'t N. H. 74: ll'//(i//i/)v, /■;„/iJ| 
 42 N. H. I7'.t; Ifiii'.l V. Kithnc*, 11 N. Y_. HS. The riius,''i)f tlKi. 
 dent nny i)e eitiier stru'jtnr.'\l tlcfect or inert m.itter left fitlitt uj 
 or over the road, /hiris y. /{aiiiior, 42 Mo. .V22. iii sonie Qsa 
 has been ludd tliat tlie defect must be sueli as t) reiiilor tlie (,Mr|Ki 
 tion liable to an indictment for a nuisance. /{itnj/niKl v. 7'w-/i\ 
 U C ('. P. 9S ; Hdftnn v. WliitlHor, 'M IJ. C. g. B. 487;/,'ay| 
 r'etroHfi, 24 d. < '. C. P. 73; //'V'^ v. Pinidis, 2.') IT. CC. iMf 
 rras/or v. Uj'liri'/,/,', 3!) U. C. Q. I». 113; llon-nnl v. linilnmiUrJ 
 Pick. (Mass.) 18!); McrriH y. Ifdm/xhii, 2(5 .Me. 234 ; liiit hnirj 
 desirable that may be as a nUe of decision it has not hmi ailopt« 
 our Courts. liuniH v. Toronto, 42 U. C. i). Ii. SCO ; see fiird 
 Ooldthwait v. AVi.<^ lirUhjiWitUr, .'> (!ray (Mass.) (M. It is iint ej 
 nuisance which obstructs, hinders, or ilelays travellers on iiliighii 
 which constitutes mm-repair of the highway. /'<>■ Cwpeiiter, J,J 
 Ilew'iKim V. X('»' ffann, 34 Conn. 140. Tiie traveller may he objjf 
 ted hy a concourse of i)eoi)le, by .-i crowd of carriages, his horse | 
 by frightened l)y tiie di.scharge of guns, tin; explosion of tireifflj 
 by the falling of a ai<,'id)oard insecurely fasteneil, Ity military ni 
 by the presence of wild animals, and yet the highway not lie ioj 
 legal sen-ie out of repair. Hixou v. Lowell, 13 (iray '.Mm)l 
 Davis V. lianyor, 42 Nle. 522 ; Fnnrh v. Hruuswirk, '21 Me. 29; ' 
 lor V. Rexkham, 8 iih. Is. 349; S. C, 5 Am. 578 ; Jomx v. R^ 
 104 Mass. 75 ; .S'. C, 6 Am. 194 ; Wiwimn v. New Uam^^kt 
 Little V. City of MatiiHOii, 24 Am. 435 ; Cvtt v. Newhunjiml, 23j 
 
Lvu(i)-1 
 
 RRPAIRIXO III0HWAY8. 
 
 M ■ lee fnrtlicr, note i> to Buhn. 27 of sec. 496. ' ' Any object 
 1 ton or iiei*'". '^''*' t«''vollu<l puth, which would iicco«8arily oUtruot 
 
 l" iler "ii« '" '■''^ ""^ "'' "'" *""'"' ^*"' "'" P"''P"»" "f travolling there- 
 
 "'"whicli, t'roi" it« '>"t»r») ttiul poHition, would ho likoly to pro- 
 
 "' "»imt rt'diilt. woiilil Koiicriilly constitute a detect in the highway. " 
 
 riVpentcr. ■).. i" Ihmn'^n v. .V.w //arm, 34 (.'onn. [40. In 
 
 '.I ml it '* ''*'''' ''"'* *''" l**''*''*^ "■'■" *•" '"' •'oHtricted to the uae of 
 
 Although thi! highway l)u of varying imd 
 
 n.'iaiul i 
 
 ' lal vvidtli biitwet'ii feaoos oa oacli side, the right of puaaugu or 
 P''''^^,i,„rt /;ic/,, and uidiiHs there ho evidonco to the contrary, ex- 
 
 iiii Hi'l V- f '"''"' Khiijihrn Tthijraph Co., 3 F. & K. 74 ; see alao 
 >t it c 159. «• I'W' '""^ '"'"''' ^- "'"'' '^'*'" I^»<'fil Hoard o/Hmlfh, 
 RSC i'. 447; AV;/. v. rit~<r>nhi, 3» U. (!. Q. H. 2»7. It is 
 (Itliit ill till' I'liitc'i States in general the duty to keep in repair 
 llvexteiiils ti> the road actuiilly iised for travel, provided it is wide 
 r X t„ ),e H.ifo, and in in its actual condition, renaonably, safe for 
 trellen) wli" "><o «iii" uare. See Dillon on Municipal Corporations, 
 led sec. lOOfl. lu a recent work the law is thus stated ; " Makius 
 I, ilinttiuii" for tlio different conditions in villages and cities, and 
 more i>r lt'»>* tnivelled thoroughfares ; also for necessary obstruc- 
 of Btreeti from tiino to tiaie for various purpoaea, as before 
 Lledtii. tlie rule laid dowa in a a recent Now York caae is a safe 
 Ah a ),'tMieral rule, the public are entitled not only to free 
 BKc idoiii; tlie streets, l)ut tt) a free paasage over each and every 
 [ioiidf every struct. '" Morrill on Actions for Negligence in the 
 lof Hiylnvays p. (»7. The duty to keep the road in repair extends 
 imcli ti) sidew.dkH for the use of pedestrians as to the travelled 
 f for the use of carriages. Copdaml v. lilenheim, 9 (.). R. 19; /'ort- 
 |v ilrllHth-i, 11 S. (;. K. 3.^3 ; liiirnx v. Toronto, 42 U. V. Q. B. 
 I. Uatlwi V. Winilmr, 34 U. ( '. ii. 1$. 487 ; yfny v. Petrolia, 2(5 
 ,r R ::{; /%/<' v- Dunlas, 2r» U. C. C. p. 420. .See also 
 II, oil .Nliinicipd Corporations, 3rd ed., sec. lOOS. So to street 
 liii's. Ratpnoivl w Loii>('ll,ii Cush. (Mass. )524; C^wmi/*.* v. Pnr 
 (lU'.'Me! 3:<2; linker v. Sara<je, 43 N. Y. 191. But it is not 
 plaiik from each man's house across a ditch to the street, 
 keep such planks in repair. AfcCnrthtf v. Onhawa, 19 U. C. 
 '245. Where the end of a side-walk was some four inches 
 ir than the crossing, it was held that there was evi<lence 
 [ligenec. Wolitumilh v. '.nu'lon, II (). R. 26. Corporations 
 nnhips may pass by-law. Matting apart so much of any high- 
 ly they may deem neceH« , ry for the purpose of a footpath 
 ,v prevent persons travtdliut: thereon on horseback or in vehi- 
 Sec. 5(j:. siil)-s. 4 ; but sue Wk v. Ji,if,tina, 32 Barb. (N. Y.) 
 Shoulil a railing or other barrier be necessary to the safety of 
 igers, it may be held to bo the duty of the corporation to pro- 
 lesame. 7'om« v. yVhithi,, 3.") U. C. Q. B. 195; 37 V. C. Q. 
 •,Shi-woo<l\'. Ilnniilton, lb. 410; Walton v. Fori-, 6 A. R. 181 ; 
 m\'. Cook, 14 Am. 686 ; Williams v. Clin f on, 28 Conn. 264 ; 
 m w ISi)<<loii. 10 Allen. (Mass. ) 290; Drnry v. Worctiter, 21 
 MaS3.)44 ; Sfuie. v. VornvUle, 43 Me. 427 ; Kellogg v. Xorthamp- 
 62 
 
 489 
 
 4 
 
 I.' -4 
 
 iV. 
 
490 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 531(: 
 
 IXi V 
 
 m 
 
 1 Jt'^jflWiJl 
 
 
 
 Ion, 8 Gray (Mass.) 505; Munson v. Derby, 9 Am. .I.io u i 
 iluty is not an absolute one. Oilchrisf v. Garden, 2(5 I '■ '• - ""' 
 
 OuHtory. Uxbridije, 39 U. C. Q. B. 113 
 
 H^«_y.//a^^.lVij 
 
 ■II V. Metropolitan Goinmmi<mtrii nf v 
 Metropolitan H. W. Co., L 1{ 1 r 
 ib-B. 4. A duty is cast upon 'iuJ: 
 
 ■<r»,| 
 poll those »hj 
 
 Ex. 114; see also Cornwell v 
 10 Ex. 771 ; Grafter v 
 300. See also s. 550. sub 
 
 in the exercise of statutory powers divert a footpatli' to iir'T^t 
 soniibly careful persons using the footpath from injury throu h ' ' 
 astray at the point «)f diversion, //urnt v. Taylor. 14 (j. K^ij q!"*J 
 There is no duty to light a highway with lamps, Kandall v E / ' 
 R. W. Go., 8 Am. 327. But when the corporation assumes to Th 
 street and does it so negligently that a person is injured in coiise 
 by falling into an excavation, the character of the light may be^r"" 
 as one of the elements to establish negligence. Freermt « jT' 
 25 Am. 327. Allowing snow to lie on a macadamised road doe 
 as a general rule, come under the idea of allowing a road L i 
 out of repair. Stewart v. Woodstock and Huron Road Co. 15 U C 
 427. There is no such thing as an absolute right against tiie » 
 Ood and the processes of nature. Per Maule, J., in /.w y jtll 
 8ea, 2 O. L. H. 699. But even in the case of snow or ice itigf I 
 jury to say, under the particular circumstances of the plate m 
 Ac, if the non -removal was non-repair. GoMuellv.St Maru'n 
 Road Co., 28 U. C. Q. B. 247. In Providence v. Clapp ] 7 h' J 
 (U. S. ) 161, the Court held that after a fall of snow it was thednj 
 of the city to use ordinary care and diligence to restore the valij 
 a reasonably safe and convenient state, and that it was fortheiol 
 to find whether it wr>.s in such state or not. Mr. Justice Neli 
 in delivereing judgment, said: "The just rule of rfspoiisibilid 
 and the one we think prescribed by the statute, whether the obsW 
 tion be by snow or any other material, is the removal or abatcmj 
 necessary so as to render the highway, street, or sidewalk at allti 
 safe and convenient, regard being had to its locality and uses," 
 HortoH V. Ipsioich, 12 Cush. (Mass. ) 488 ; Loker v. Brookline, 13 P, 
 (Mass.) 343; Shea v. Lowell, 8 Allen (Mass.) 136; StrettvM^ 
 105 (Mass.) 82 : Landoll v. Norwich, 6 Am. L;iw Reg, N. S. Ssll 
 Conn. 615 ; Green v. Danby, 12 Vt. 338 ; Savai/e v. ifanr/or, 4flf 
 176; Hall v. Manchester, 40 N. H. 410 ; BillinijH v. Wvrctskrjl 
 460. See also Retf v. Williams, 9 App. Csvs. 418. The mere fact tl 
 a highway is slippery from ice upon it, so that a person may b«L 
 to Slip and fad while using ordinary care, if the way is properly] 
 well constructed, and there is no such accumulation of ice or g 
 as to constitute an obstruction, and nothing in the constructid 
 shape of the way which occasioas any specinl liability tofon^ 
 or accumulation of ice is not a defect or want of repair whicli I 
 authorize a jury to find that it is not safe or convenient for triveil 
 Staunton v. Spring^eld, 12 Allen, (Mass.) 666. Seealroyojj 
 v. Lowell, 12 Allen (Mass.) 572; Nasun v. BoMon, 14 Allen ( 
 508; Gilbert v. Roxhury, 100 Mass. 185; Too/t- v. M<hmi 
 Am. 183; see also DnrHn v, Troy, 61 barb. 4S1 ; Riiifitat 
 Toronto, 23 U. O. C. P. 93. This doctrine ly jjoes the 1 
 of holding that a way properly constructed and kept in aoj 
 condition as to Vie reasonably safe and convenient for travel* 
 seasons of the year, is not defective by reason ol tliti facttlj 
 is covered with a smooth aud even surlace of ice, which read 
 
 A 
 
 Jk 
 
 •'-mM0^ 
 
 
 
i.s.53l(l).] 
 
 KEPAIRINQ HIOUWAY8. 
 
 4U1 
 
 I . rv • but if the ioe be allowed to remain in such ' an uneven 
 
 ' ''i''*"unded condition on the surface that a person could not M'alk 
 
 ' > iKiinif due care, without being in danger of falling down, 
 
 '^ unicii»lity may be held liable. Gordon v. BelleviUe, 15 O. K. 
 
 « nLldevv I'rencott, 12 A. R. 637 ; See also Morrill on Aotiona for 
 
 tSein'the care of Highways pp. 158-160. "In the case 
 
 U us the question was, whether there was sucli evidence of 
 
 I* repair th;it the jury might reasonably and properly conclude 
 
 r"' jj^jje was negligence in the corporation not having had 
 
 ved the piece of frozen snow or ice complained of, and that, 
 
 Thout auy want of reasonable and ordinary care upon the part 
 
 'aintifif the accident could and did happen, &c. Per 
 
 Cvnne J. , in Rinuland v. Toronto, 23 U. C. C. P. 100. See Quincy 
 
 Lrher, 81 111- 300 ; Chicarjo v. Bixby, 84 111. 8-'. In actions for 
 
 ,'. ■ (,J, a sidewalk, evidence that others had met with accidents 
 
 ahe same place was held inadmissible. Hvhhard v. Concord, 35 
 
 JH 52; Collins V. Dorchester, 6 Cush. (Mass.) 396; Aldrieh v. 
 
 tjHan,'! Gray (Mass.) 513. "Speaking for myself, I think that 
 
 Lnicipal corporations have often been too hardly and strictly dealt 
 
 kith as to the repair of roads. It is impossible for them so to perform 
 
 leir duties as to repairs and fences, &c., as to meet all the deman<l8 
 
 loni time to time on them for every conceivable accident in every 
 
 lot of highway throughout their jurisdiction. Per Hagarty, O. .1., 
 
 hmdl\'. Yarmouth, 4 A. R. 360. The following may be meii- 
 
 Led ii8 a few from the many cases as to what have been held to be 
 
 irticiiiar defects or want of repair : A pile of stones. Foreman v. 
 
 ier'fitry, L. K. 6 Q. B. 214 ; Bigelow v. Weaton, 3 Pick. (Mass.) 
 
 ji Smith V. WendeU, 7 Cush. (Mass.) 498 ; a rock, Vard v. City of 
 
 imriK 20 Am. 722 ; sticks of timber, logs, &c. Castor v. Uxbridge, 
 
 fu. C. Q. B. 113; Snow v. Adams, 1 Cush. (Mass.) 443 ; Davis v. 
 
 bwor, 42 Me. 522 : a tent, Ayer v. Norwich, 12 Am. 396 ; a steam 
 
 Ler, Youiuj v. New Newhaven, 12 Am. 400 n ; pole, MocMer v. 
 
 alUorowj'h, 14 Am. 634 ; but not a broken-down waggon, Roun>f$ 
 
 "siratfoM, 26 U. C. C. P. 11; posts, Soute v. Grand Trunk R. W. 
 
 [2111. C. C. P. 308; Cofig^ijcll v. Lexington. 4 Cush. (Mass.) 307 ; 
 
 j further, Rny v. Maac/uister, 46 N. H. 59 ; holes or excavations, 
 
 kpiy V. Toronto, 28 U. 0. C. P. 579 ; Duck v. Toronto, 5 (). U. 
 
 I; Rmlv. Nortkjield, 13 Pick. (Mass.) 94 ; Congrcve v. Morgan, 5 
 
 jsr. 495; Dah^rty v, \Valtham, 4 (Jray (Mass.) 596 ; Batty v. Dux- 
 
 24 Vt. 155 ; Mur/ihy v. Gloucfster, 105 Mass. 470 ; Reqna 
 
 fochUer,^ N. Y. 129; Niblett v. Nashville, 12 Heisk. (Tenn.) 
 
 |; loDse plunks, projections, or other inequalities of surface, Irwin 
 
 Bradford, 22 U. C. C. P. 19, 421 ; Hall v. Manchester, 40 N. H. 
 
 |; Winnv. Lmoell, 1 Allen (Mass.) 177; Raymond v. Lowtt, 6 
 
 , (Mass.) 524; Smith v. Wendell, 7 Cush. (Mass.) 498. Where 
 
 \m\ cover of a valve connected with a water main was properly 
 
 1 in a highway by the defendants, but in conaequence of the ordi- 
 
 r wearing away of tlie highway the valve cover projected an im'li 
 
 pit, and the plaintiff's nurse using the highway stumbled ovt-r 
 
 falve cover ind was hurt, it was held in an action against tlie 
 
 iiUhIs, who were both the water avithorit/ and the highway 
 
 wity, that it was the duty of the defendants to make sm-b 
 
 jigeraents that works under theii" care fihouid not become 11 
 
 nee to the highway. Kent v. Worthing Lcc:il Board, 10 Q. B. 
 
492 
 
 TUE MUNICIPAL MANUAL. 
 
 [8.531(1) 
 
 ■i.i 
 
 
 m 
 
 D. 118. But see Moore v. Lambeth Walt^'UMrkn Co., n n r 
 462, where this case was c][uestione(l. Any object upon or n ^' i 
 travelled way, which in its nature is calculated to fHoKfo^*?' ""H 
 _/ „_,i; «n -.„ iw. i.,.i,i ..„j„- -^ "K'n-en norsfjj 
 
 Conn. 120 ; (.'hirai/n v. Hoy, 75 111. 53(' ; FritHi-h v. 
 
 mn 301 
 
 Alb. L. J. .S73; Omhinn v. Ihdjord, 125 Mass. 520^ hntt'^^f,'^ 
 Will V. Clarke, A A. H. 4«0 ; Horton v. Tauntou,\-\\^ T\ 
 KinnHbuniv. Dcilhavi, 13 Allen (Mass.) 18(J ; Cook \' ('hurl' i\ 
 
 143. The onus is on the plaintiff to give attirmative eviiion 
 • negligence. Lenter v. Pittsford, 7 Vt. l.-)8 ; IWkhix v. ('nnn^J ,, 
 
 W. Co., 44 X. H. 223. Evidence to shew that <>ther horse, IS 
 the plaintiffs were friglitened at the object, is admissible. />, / 
 V. WeHtmorHlawl, 13 Am. 55. The jury arc »ot to infer a defec?" 
 the highway iit a particular time an(l place merely from the factth"' 
 an injury was Hustaincd at that time and place. Church v Ch 
 field, 33 Me. 4<)0 ; Shermnu v. Korlrhjht, .'52 Hart), (y. y \ o,». 
 Colliii-i V. Ihtrche.'iler, (5 Jush. (Mass. ) 39(5 ; I'nrknrd v,' y^l^ 
 fiord, 9 .Allen (.Ma.sa. ) 200; Calkins v. /lartinn/, 3,3 ('(„)„ i- 
 but .sec Ketiniei/ v. LuiiiIdii, lir'n/hfon, dr. /,'. ||' Cj L p • ' 
 
 B. 411: L. I{ ■ () Q. B. 759; Feifal v. MUhU.,:,'.,- j;, jr ';/ 
 Am. 720 ; Miilli'ii V. Sf. Johiu^, 15 Ain. 530. If tliu ('viileaep j! 
 consistent with tlie alHcncc .-is with tlie |tre.seiici' of iieglii'tiioe tl 
 plaintiff is not entitled to recover. Dereri/f v. Crand Trunk li 
 Co., 25 r. C. (^. B. 517 ; see also Cotton, v. Wood, H (". |!, J,', ^ 
 Toomeji v. London, liriijhton, d-c. li. W. Co. , 3 V. 15. ^f. '^ ' 
 Cornman v. Kasfirn ('onnties H. W. Co., 4 H. it N. 781- frnihr 
 Me.lropolilan R. \V. Co. , L. R. 1 C. I'. 300 ; .ladsoH v. 'lliid"H 
 
 C. Q. B. 2JH; Hende.r.^on. v. Barnes, 32 IJ. (J. g. |}. 170. Xegiige, 
 i.s want of ciU'i;. Want of ordinary care is tin true mcMmeiif 
 bility. ./ohii>toii V. Charleston, 16 Am. 721. A corporate Imilynei 
 can either take care or neglect to take care except tlirougli itj 
 vants. If such a body, by its servants, have the muan.s of knowi 
 that a higliway is unlit for travel, and are »eglij,'ently ij^nomiit of 
 state, they are guilty of negligence. See Mersi.i/ Dock md llarl 
 Co V. J'rnhdllow, 7 H. & N. 329 ; L. H. 1 H. i. Cas. O.i ; see 
 7'hompson v. North Eastern li. W. ('o., 3 L. T. N. S. GI8; ,>Vwi 
 iiw Teleijraph Co. v. Dickson, 15 C B. N. S. 759 ; Adair v. Ki 
 sfon, 27 U. V. ('. 1*. 120 ; Sherwood v. Hamilton, .37 U. ('. (^. I! \ 
 Itoyle V. Dundas, 27 U. C t'. I*- 129 ; Castor v. 6"a:/.nV/./f, 3!» L', 
 Q. B. 113; Mardonnld v. Sonfh Dorchester, "IW U. C. (', R J 
 liafiho and West Hempfidd Townships v. Moore, 8 Am. 202, It 
 defence that they appointed a proper overseer of highways and 
 him means and authority to keep the road in good ortkr. Tiic 
 poration are, as it were, themselves the overseers of the liijjh' 
 ,ind on this principle bound to keep it in repair. Tliey have 
 only the duty thrown upon them of keeping higliwiiy.s in repair, 
 have all necessary powers given to them for enabling them to 
 
 J31{l).j 
 
 /oral that duty 
 
 t'oosequeiices oi 
 
 their officers o 
 
 Coiket V. Bra, 
 
 Tomto, 28 V. ( 
 
 Pt^mtr V. Linca 
 
 ikfect arose iron 
 
 I cue there shoi 
 
 eiiitijig (lauger i 
 
 l.V, V.)493; Sto 
 
 Wis. 377 ; Petfiff, 
 
 9 Mich. 165 ; Iv 
 
 Mdno; 49 (Ja, i. 
 
 person, he is liaijje 
 
 Ic/its having' beer 
 
 rfornied by Iiims 
 
 W/f «, .") B. & .S. I 
 
 tierwise than fror 
 
 te direct conducj 
 
 lent defect, it is 
 
 leirserviuits had ) 
 
 it, ice Dillon on 
 
 alcD Castor v. 
 
 iflferred from the 
 
 m\\ a length of 
 
 •per officers of the 
 
 iiance and care m\ 
 
 mt, liecanse tliis ( 
 
 ise ; and therefo 
 
 feet, when by 01. 
 
 ire iinowji it, they 
 
 r^hm, (J. .]., i 
 
 (U 
 
 in 
 xlt, 
 
 er 
 
 I.i 
 
 rtier Va4ur v. Uxi 
 \t C. C, P. 579 ; 
 [Mich, 307 ; May, 
 ^i^", 1 DiJl. C. C 
 
 li the defect be 
 k the jury may »• 
 Jij,noraj:fe conse(/n 
 Ice of the defect am 
 W V. Hartford, 30 
 i. 503 ; If owe v / 
 ■'.yass.) .WS; Co 
 pre an mjnry ^-as 
 «. It vias held that 
 wable opportiiniti 
 ^■tor, V. S,,rar„se, 
 Antice to a citizet 
 ;"»'• 16 Gray (Mass 
 *:i"\ fio,nloln/Hnn 
 V'Y- %«kingo 
 however, when t 
 «'e/ell at its mouti 
 m, m my opinio,, 
 
,531(1)-J 
 
 HEPAIRING HIGHWAYS. 
 
 493 
 
 1 IZmti aancer in the ase of the way. Bi{0al 
 \T\m-,(^torr'<y. Utica, 17 N. Y. 104; 
 Wis 377 ; Pftt'wi'w V. Evmrny'ilh, 25 Wis. S 
 
 that duty. The corporation must at their peril aiiswer for the 
 nuences of the duty not being performed. The negligence of 
 '^k"^ officers or servants is no answer. Per Robinson, C. J., in 
 wLi V BranlJ'orU, 21 U. C. Q. B. 276 ; see also Jtid<nvay v. 
 So 28 U. C. C. P. 579 ; Tiffin v. ^fcCormick, 34 Ohio St. 638 ; 
 Pn/ffl*r v. Lincoln, 6 Neb. 136. Nor is it any excuse that the alleged 
 1 feet arose from the necessary repairs of the highway ; for in such 
 c there should be a light or other signal to warn travellers of 
 ! icwe me ^ ^, _ ^^ ^^^ __ BvS'alo v. Hollvway, 3 Seld. 
 
 Alilwaukee v. Davis, 6 
 
 l« Mich. 166 ; "VrtAiAnV/^ v. Browne, 24 Am. 289; Sarannah v. 
 
 I llaWn"'. 48 ^'"' ^^'^^ ^^^®*'''' *' statutory obligation is imposed on a 
 Inerson he is liable for any injury that arises to others ia consequence 
 
 I I its iiaviiif,' been negligently performed, and this whether it was 
 lerfornied by liimself or by a contractor employed by him. Grei/ v. 
 Mm .') B. & 'S. 970 ; S. O. in error, /ft. 980. If the defect arise 
 Uerwise than from faulty structure, and from some act other than 
 ie direct coinluct of the dcfen<lants or their servants, and be a 
 
 lent defect, it is generally necessary to shew that defendants or 
 lieirserviuits had knowledge thereof, or were negligently ignorant 
 t See Dillon on Municipal Corporations, 3rd ed. sec. 1026, note 3. 
 alts C'a«tor v. UxhriiUje, 39 U. C. Q. B. 113. Notice may 
 Tinfcrred from the notoriety of the defect, a^id from ita continuance 
 fjuch a length of time as to lead to the presumption that the 
 [oper officers of the municipality did in fact know, or with proper 
 ijilance and care niiglit have known, the fact. This latter is suffi- 
 kst because this degree of care and vigilance they are bound to 
 t;ise ; and therefore if, in point of fact, they do not know of such 
 iect when by ordinary and due vigilance and care they would 
 Ire known it, they must be responsible, as if they had actual notice. 
 Shaw, C. •!., in Heed v. Nortlijiekl, 13 Pick. (Mass.) 94; see 
 rther t'rt<<y v. Uxbmhje, 30 U. C. Q. B. 113 ; Ride/way v. Toronto, 
 |U C C. P. 579 ; Duck v. Toronto, 5 0. R. 295 ; Deireyv. Detroit, 
 [ich 307; Mityn- v. Sheffield, 4 Wall. (U. S.) 189; Serrot v. 
 ria, 1 Dill. C. C. R. (U. S.) 312 ; How v, Plawjjeld, 41 N. H. 
 If the defect be palpable, dangerous, and has existed for a long 
 K, the jury may very properly infer e'ther negligent supervision 
 jijjUorar.ce coiisetiuent upon and chargeable to such neglect, or 
 ■ceof the defect and a disregard of the duty to repair it. Man- 
 ftrw Hartford, 30 Coiui. 118 ; see further Bloomimjton v. Bay, 
 D. 503 ; Howe v. f.cwtll, 101 Mass. 99 ; Donaldson v. Boston, 16 
 (Mass.) 508 ; Colin; v. Westhrook, 57 Me. 181 ; 2 Am. 30. 
 jerc an injury was produced by some sudden and unexpected 
 , it was held that the corporation were not liable till they had 
 onable opportunity to repair. Hubbard v. Concord, 35 N. H. 
 [Bartov v. Si/mciist, 36 N. Y. 54 ; Sprimifield v. L'-Claire, 49 111. 
 Notice to a citizen is not notice to the corporation. Donaldson 
 j/n», 16 Gray (Mass.) 508, although held otherwise in Maine, 
 \f)\'. Bowdoinluim, 7 Oreenl. (Me.) 442; Mason v. Ellsworth, 
 |e. 2"1, Speaking of a sewer, Morrison, J., said, " It did not 
 , however, when the mud accumulated in the culvert or when 
 nne fell at its mouth, the mere existence of these obstructions 
 kot, inmy opinion, enough to establish negligence. There was 
 
494 
 
 THB MUNICIPAL MANUAL. 
 
 [s. 531 
 
 
 (1). 
 
 Wi^tio" ment provided by law, be civilly responHible (q) for all i 
 
 no evidence that the HefemlantB or their ofiicers hnd any r~^ 
 tliose obstructions, nor did it appear that they were of go *"! "^.'"f 
 a clmracter, or had continued so long as to cliarge the dcf i *"" 
 with constructive notice of them." /iatemativ. JJa7nil(oj, "l^'r 
 Q. K 251. But nH to sewers, see Barton v. SyracuHv, ."Je K v ' 
 SprimjUeld v. Let tnire, 49 111. 47fi. There is no pres'uinptio n ' 
 as to notice. It is for a jury to decide whether from the" 
 stances, there was notice. Colkji v. JnhabUavtK, 2 Am "Ki */'[?'" 
 Lonull, 10 Cush. (Mass.) 260: Stantou v. Spnmfifu'U il'' 
 (Mass.) Sfifi; Mosey v. Trmi, 61 Barb. (N. Y.) 580- '>(//,""' 
 C/iir/iester, L. R. 10 C. P. 319; rAJcaf/o v. McCarth,,' ^^[{{V 
 J/nyen v. Nnv York, 74 N. Y. 264. in some States of the P 
 existence of the defect for twenty-four hours, Urady v /o. T 
 Cush. (M.vss.) 121, or express notice, Tripp v. Lyman, S"! Mtii 
 
 is uccessiiry by statute before there can be any riffjit of action » • ' 
 the corporation. Where the encroachment of tlie sea liestrov^rfT 
 road, so that the subject of repair was not in cxistenc " y™">M 
 
 that there was no obligation at an enormous cost to rebnild th j 
 h',;j. V. /i<mher, 5 Q. H. 279; Ney. v. IvhabHmUs of HorulTh^' 
 C. C. 291 ; but see R>'g. v. (Ireenhow, 1 Q. B. D. 703. If the ,?il 
 rebuilding the road or making the necessary repair would ei'^i i I 
 statutable limit of taxation it may be that there would benii 11 
 tioii to repair. See Grant v. Sligo Harbour Coitimimontm l"p'?i 
 Ir. {'. L. R. 190; Butler v. Bray CommixinnwrK, /6. 181 R I 
 in such a case it would it is apprehended be tlio dntv of (liecnrnn 
 tion so to close up the road that there could be no (lane " 
 u^ing or attempting to use it. Harrold v. Simcoc anrf'fi • •"'l 
 K; U. C. C. p. 43 ; 18 U. C C. P. 9. .iee further, note u to see,? 
 
 iq) Although non-repair may be one subject of an indictment it I 
 not in the absence of special damage, peculiar ;o the plaintifl' orrfl 
 some ^'tatutable provision giving a right of aciioii tiie siihjednf I 
 civil action. Bntfer v. Braif (^oinmUnoiiorx, 1.. }; ]| j,, i. || 
 R. 181; Gibnon v. Mayor of Pre/if on, L. H. 5 Q. H. 218; /^^ny 
 Mayor dc, of Poole 19 Q. B. D. 602; but see Forman\ Mm 
 of Oanti.rbnry, L. R. 6 Q. B. 214 ; While v. Hindky Local hZ 
 L. R. 10 Q. B. 219. Such is also the rule in the' United state 
 btlroit V. Blake.ley, 4 Am. 456; White v. Covnly of Bn^d, \l i^j^ 
 65, and cases in note. Here the action is given in ex pass term. 
 Castijr V. Ujcbridtje, 39 U. C. Q. B. 113. In such an action 
 it must be made to appear that the alleged defect was the dirsl 
 and proxinr.ate cause of the injury. Adamn v. Carl'mk, i\ rS 
 (Muss.) 146; Holman v. TovTnnv,nd, 13 Mete. (Mass.) 297; Ivdi 
 Ti/iujnboro', 11 Cush. (Mass.) 5()3; Ilorton v. I/mnch, l2Cush.(]lJaji) 
 488 ; Marble v. Woreenter, 4 (Jray. (Mass.) 395; Tultk v. Hnlyoix,i\ 
 Ciray (Mass. ) 447 ; Slirkney v. Maiddone, 30 Vt. 738 ; .SVr/r,v v. l)nm 
 10.'> Mass. 310; Alanderschid v. Dubuque.. 29 Iowa 73. TheoMigatiaj 
 to keep in repair is only as against such aciidentH as are likely toai 
 actually do occur in usi:<g a highway for the inuim.'-e of travel, fi 
 B.irrett, J., in Syke^i v. "Pavjlett, 43 Vt. 446; 5 Am. 299. Iftlnl 
 violence of the horse, act.ng without guidance or discretion, Ui 
 I'umediate cause of the injury, the cases are oonflietinf,';i3 towtetl 
 or not the corporation is liable. The decisions on the point in lliiM,! 
 
,1 /n 1 REPAIRING mnHWATS. 
 
 sustainpH by any i>erson by reason of such default, but 
 
 '9 __ _ - - - , _._ 
 
 n.ninRhire and Massachusetts are reviewed in Sherwood v. 
 
 if* Won 37 U. '< '. Q- ^- '*'<^- 'i'^« "■"'« adopted in this Province is, 
 
 1 here' two causes combine to produce the injury, both in their 
 
 ,re uroximatf, the one being the defect in the highway and the 
 
 h" lime occurrence for wliich neither party is responsible, such 
 
 flip wcidont of a Inrse running away beyond control, the corpor- 
 
 * • Millie urovided the injury would not have been sustained 
 
 fTfnr he defect in highway. Tonis v. Whithy, 37 U. C. Q. B. 
 
 ,,11. k^rwooilv. Ilamilti-n, 37 U. 0. Q. B. 410; Vantorx. [/xbrid(,e, 
 
 ?i; CO. B- H3 ; Btix'* v. Hnerkh, S O. R. 451. But there can be 
 
 Jftfv if the injury be attributable to any unskiUuIness or want 
 
 "? 'Ion the part of the .Irivor. Flmver v. Adam, 2 Taunt. 314-; 
 
 i 1,\ SlMd'ie, 21 Vt. 391 ; Peoria IhvUje Axmciatiotiv. 
 
 I ■ 'm III 235 •"i4/7er v. Lowell, 3 Allen (Mass ) 402 ; Stuart v. 
 
 Si. /V/; 48 Me. 477 : Morriof v. Stanley, 1 M. & d. 568. 'So 
 
 7 the accident really and substantially arose by reason of some 
 
 ^j f ,f in the nlaintiflf's waggon, harness, &c. JenkH v. Wilbraham, 
 
 KravlMasL) 142; Ml'-n v. Hancock, Ifi Vt. 230; liigeiow v. 
 
 iJS 4Cu8h. (Mass.) 247 : Moore v. Abbot, 32 Me. 46 ; Farrar 
 
 fS, //-. 574 ■; see also WUi^lnp v. Knfid,!, 42 N. H. 197 ; Hunt 
 
 Piwmall OVt. 411. So if it be shiiwn that the plaintiff in any 
 
 T bv his own want of care, directly ("contributed to the happen- 
 
 Tof the accidout. /h-ndley v. Br,nor>, 32 U. C. Q. B. 463 ; Btittfr- 
 
 U/v Fone^ter, 11 Kast 60 ; Wool/ v. Heard, 8C. & P. 3/3; Smith 
 
 s'n.;/// 2 Pick. (Mass.) 621 ; liridje v. Grand Junction R. W. Co., 
 
 IMU'V •M4- \V<ul'- V. North EaMern It. W. Co., VI B. & E. 719; 
 
 IJ,- V Pm-tUml, 58 Me. 199 ; 4 Am. 274 ; Tuff v. Warman, 2 C. 
 
 V S 740- 5 (' 15- N. S. 573 ; Witherley v. lietjenVx Canal Co., 12 
 
 ,. ]}. N. S. '2 ; muar v. Northern R. W. Co., U A. R 452. The 
 
 die operates also in the ciise of children of tender age. Mamjnn 
 
 [r Altfrtnn, L. H. 1 Kx. 239 ; Simjleton v. EaMern Counties R. 
 
 ¥ Co. 7 ('■ B- N. S. 287. See as to the onn.s of i»roof of 
 
 )ntribiu.«ry neglii^enoe Wakelin v. London and South Wentirn R. 
 
 f Co., 12 App Cas. 41. The question of contributory negligence 
 
 rises when both parties are substantially at fault, .and when the 
 
 nit of each contributes to the disaster. Per Cleasby, B , in 
 
 lev. MHropditnn li. W. Co., L. R. 8 Q. B. 177. If there be no 
 
 apiitc as to the fact, the question of contributory negligence be- 
 
 imes a question of law, and the Court may properly nonsuit. 
 
 Jmkhrs. Oreal We.'^tmi R. W. Co., 18 U. C. C. P. 250, 262: 
 
 ftthlhs. Great Wei^thn R. W. Co., 27 U. C. Q. B. 382 ; Raxtrick v. 
 
 tnl WeMtrn li. W. Co., lb. 396 ; see also Bridgcn v. North London 
 
 W. Co., L. R. 6 Q. B. 377 ; He.tlforUai.ne R. W. Co. v. Hunter, 33 
 
 1 335; S. C, 5 Am 201 : Adamn v. fyancashire. and Yorkshire R. 
 
 'i'Cx, L R. 4 C. P. 739 ; Gee v. Metropolitan R. W. Co., L. R. 8 
 
 R. 177 : Coruixh. v. Toronto Street R. iV. Co., 23 U. C. C. P. 355; 
 
 dwelly. Toronto Street R. W. Co., 38 U. ('. Q. B. 17.2: Hfnwv. 
 
 land AUnon, 8 A. R. 248. Whether there is reasonable evidence 
 
 ^be left to the jury of negligence occasioning the injury complained 
 
 I is ■■; question for the Judge. It is for the jury to say whether and 
 
 r far the evidence is to be believed. Meiropolitan R. W. Co. v. 
 
 foon, 3 App. Caa. 193a. See also Dublin. Wicklow, and Wexford R. 
 
 495 
 
496 
 
 THE MUNICIPAL MANUAL. 
 
 jikir 
 
 1 
 
 
 1 
 
 
 
 -'■■^^TJ 
 
 'i^ 
 
 ' l^n 
 
 ■'■K 
 
 ': 3m\i 
 
 
 ^■'•w^ 
 
 d 
 
 ^^mrg 
 
 i-?. 
 
 
 m 
 
 r'SiitS 
 
 *l 
 
 
 'A^- 
 
 
 lI 
 
 H J^HH 
 
 '1 
 
 iV-i^-s: 
 
 
 [s. 5ai (1)1 
 
 the action muKt be brought within three inonths after 
 
 the^^Hjijuiages iiave bei 
 
 W. Co. V. Slatfery, 3 App. ('as. ll.'i.'i. It is not snch neirligence »T^ i 
 prevent a recovery, that the traveller did not know the roiul a \ \ 
 proceeded on a «lark night. IVilttumn v. C'linton, 28 Coiiii '•>C4 ^'l 
 driving in a violent storm through the streets of a city witli'wl^w 
 the driver was unacquainted was held not of itself to "be such ■"?• 
 Kencv us to prevent recovery Ity him for injuries «U8tiiiiie(l\lirn„ i 
 defeot in the street. Milwaukee v. JJaris, 6 Wis. .377. Nor dr' 
 on the wrong side of the road. Damon r. Jnhnhitunffi <)l\Sritiiah^^ 
 Am. 315. Being blind, halt, or deaf in uot ptr sf u, ht tuki'nf 
 evitlence of contributory negligence. 
 
 .,, ■ - tuktui 
 
 All persons, hi.wevtr l,li,i,|^ 
 
 conditions of people ; and 
 
 '•lllt'lit nf , 
 
 uHHume that tliey are in good condition, and to icgulate tlieii • ■ 
 <luct upon tliat assumption. A person may walk or (hivo intH 
 tlai knesH of tlic night, relying upon tlie belief that tlie coijm itij 
 Ills pciforiiicil its duty, an<l that the street or walk is in a saft n 
 dition. He wilks by a faith justitied by law, and if liis faith i 
 unfounded, and he sufi'crH an injury, tlie party in fault, must rcsnoJ 
 in damages. So one who.sc sight is dimmed by age, or a ntursi h 
 person whose range of vision was always im|)erfect, or diit^ wiuisL'siir 
 has been injured liy disease, is each entitled to the same riL'litB ;u 
 ui;iy act oi; tlie same assuinpti.in. Each, howevtr, is bouml to kii« 
 that prudence and care are in turn reijui red of Iiim, amltliiit if ik fJ 
 in this respect, .my injury lie may suffer is witiidiit n(irL'.H.s 
 Hunt, (". .)., in JJan ii/iorf v. lincknutn, 37 X. V. 07.3. It is ii,it, hg 
 VCI-, too much to ask of persons of defective i^ight ^jreatur caic th 
 ib re(|uir. (I of persons free from such infirmity. Winn v. Lmrtlt 
 Allen (MiiHS. I 177 ; hoe also lindiitu v. Js'oiih l.otiihm II W < „ 
 K. <!g, J{. .377. 397 ; llntlon v. Whulmr, 34 V. C. i}. Ji, 4^7. ' 
 person is rei|uired to have perfect vision, or in be vi"i!uii in 
 discovery ui defects which ought not to exist. Tlioniusuu v, Hrit 
 vuite.r, 7 Pick. (Mass.) 18S. No person is in f.iuli/ in neglectiiii 
 observe and avoid a defect not so plain and obvious as to lie 119 
 sarily observable by one in the possession of ordinary faculties;. I 
 elliiig at an onlinary pace. Cox . . ^V.s^.7te^/(/• Tiirnjiikc Cnl 
 Barb. (N. V.) 414; /'V..s/ v. \i'(ilfl,u,n, 12 Allen (Mass.) K). 
 fact tl'it the tiaveller knew the danger. 01 was faniiii.u- witii 
 road, is a circumstance to l)e considered in detennining tlie ijiia 
 whether the plaintiff contributed l)y his own want of care td 
 accident, ('htyarilx \. I}t'lliick, 12 Q. H. 4.39 ; Uiittoiiv. Wiml^ 
 U. C. (} U. 487; Cofic/andv. .'U/n/inm, !M). \\. \9;(!onlo)i 
 vil/e, 15 C). K. 2C; /ie^d v. XorthjiM, 13 I'ick. (Mass.) (14: Hi 
 ni/n V. Anii.sfron'j ('oiiufi/, 56 I'a. St. 204; Snntli v. LdH'n'l.cA 
 (Mass.) .39 ; Snoirv. llomotou'n' A'. W. Co., 8 Allen (Mass.)44i J 
 V. Wullhain, 12 Allen (Mass.) 85 ; Clark v. Lockfiorl, 4!) baiU {} 
 580; WhUtaker v. IVrst Jioi/lexton, 97 Mass. 273; For v. .V'c 
 Allen (.Mass.) ."»35. Such knowledge in some cases has lieenfl 
 sufficient to raise a presumption of negligence on the plaintiff I ' 
 so as to require evidence to egative the presumption. /W v, ^i^ 
 
497 
 
 ^ekveno ,„ean« of ascertain n'/ Ly^ ':;/?- ^,- i'- « i^-^.' - ' 
 (imitof damages in such u cusp /,. f- t'^*^'' "'Jt-' Hhat «1, .i7 1 
 i« principle which will .^ily'^^SyZ '''' "«?''>"-) T ere' 
 p. Damages in «»ch u case i 2^.! , '!"''»"^«. goods „., I^ 
 Kjury, assisttM \w the i.i?.!; i- , ^''^^ to tJiu c'.m.... ' ''*" 
 
 .ifcre to visit tlw u..f,,4..M;f ' '' ''''"^'^'''- "" uoci.JemT ' 
 .*anys>„„ wouM.".^^ ri^^^-^^jj'- t'.e n.isohilf . o ^' "^'"-' 
 
 ™ii«tofnllv,.,„,pe.,sZ,. ./'•''''"'■ '» ^vhieh a i . f."' 
 *tl.eOm,t to intelS 'i ff''^^'' «•'•'«-' <l<^'Hage VS/ '"""« 
 lam Mtisfifd with H„; . '" '■'''^'^t niajoritv of ^""'^as to 
 
 kiMhatthe damage :/,;/• "• /'"•. 5 .\,,^ v-^^-Jr^; 
 
 fm,,mmtion for tlu> jn , ''^" "^''^^ "« to f ,nnl''", •^"-• 
 >.903; see also />;;.,,.'"/ ;"«tHine.l. r;;',.v' ;'*^/ '} ;^«- . 
 |iiei«iN|«n.,ation to a jl's ... "^7'- ''•'^ ^"- 407 „ "''" 
 |b«|«I corporation tfoi 'T^**'' thiontrJ, tl.r." .''.•'««««- 
 ■%8-(iist, the IP m ■'",''y ■''"•"I'l take i n ,> "•>'''^'«--»<-e 
 
 feriflt'life, \n,p„ M^ ^ '" "'s person, or his nl., • /^'••'♦'nt; 
 
 vte to tile i^Scrf *^;''^ -"^^'uS.fc'; r^^-^ 
 
 i«ii>loiil)t<;,|]y health ;« fi '"'-■""le. 'I'hen is t,.Ti' ^ ^'"' 
 
498 
 
 To what 
 rond-i appli- 
 o«bl«. 
 
 THR MUNICIPAL MANIIAI,. 
 
 it::! 
 
 
 Si 
 
 li 
 
 
 !' if, 
 
 [8.531(2, 
 (2) Tlii8s«H?tion shall not apjily to any ro.ul, street bl I 
 
 '"'kit. 
 I HI 
 
 an to tlu^ iiniount, or the elunieiits for coiisidoration in V"^'*' 
 the iiinouiit. In Maine i\ i)er8on can rteover only for " Ijodi? •""'"? I 
 or '• (liimagoH to property." lVe<kn v. Shirliy, ;{•} Me .171 v '"I")" 
 H'afsoti, 47 Me. 101 : Sforer v. lUmhill, 51 Mo. m, s', •„ 'I""'! 
 ticut an*l MnBBHehu.setts, the reeovery civn only hu for dan' "^ 
 the person or jiroporty." Chidxiy v. Canton, 17 (•„„„ i-r''^!!' 
 V, Ihrhij IMihje. Co., 24 CJon. 4»1 ; Canuin., v. n'it/iumdown 
 {MiUA.) 4")1 ; llarwood v. Lowell, 4 C'lisli. (Miwh );{lo 
 h " ' ■ . 
 
 A 
 
 /o/t, -.^K WIS. uo ; / a.ni. .«». 11 me aetion be broui'lu n„(l 
 Cuinpbeira Aet, (Rev. Stat. e. ISA) the jury in eHLimatini; -h I 
 ages, are restricted to oomi)enaation for pecMuiiary loss onlv 1 
 
 \H(l B. JW ; Franklmv. South Ka.^tir,, It. W. Co. ,]in. t'S lu 
 Ihickmimrth v. Johnson, 4 H. & N. UMi ; Daltoti. v. .s'o«^/j AVv^ ;"i 
 Co., 4 {;. li. N. .S. 290 ; /'//m v. Creal Xorlh,ni R. \\\ (',,,o|j j 
 
 Hiwover, any special tlainage Hustained iw recoveralile 'iti\ 
 Fuir/ifld, Hrayt. Vt. 12f;. So in Wisconsin. ir.-/.r,,/,„;,, "'?,' 
 o/t, 2f! Wis. nO; 7 Am. 39. If the action be brought iL,\Ju 
 Jampbell's Aet, (Rev. Stat. c. 1S5) the jury in esLimat 
 iges, are restricted to oomi)enaation for pecMuiiary loss n 
 not take into eonaider.ition nientalor bodily sutterini' 
 V. SoKtli Miistcni /{. W. Co., II .Jur. 75H ; ludkr v. Midi,, 
 
 (N. V.) 0.S4. (i48. Under Lord Canipbells Act the rule is tiiirtli, 
 must have been a reasonable expnctatiun of pi'cuiilarv iulviuiUtd 
 the relation from the life of tlie dereasod. Jfe/hcriiiiii,ii,y \J 
 KnH'ern R. W. Co., 9 Q. !'■. D. 100. Tlw eorpf.ration taniiot cU 
 to have de<ln(;ted the amount of an accident jxilioy. HanlM 
 Towmhfiid. 43 Vt. 536 ; 5 Am. .304 ; Alihurf v. ir„//V, •} Hiit, J 
 Y.) 344, affirmed 22 N. Y. 365; see also Yalis v. 'HvJ/e 4] 
 N. C. 272 ; Ilnnfer v. K!m(j, 4 H. & Al. 209 ; Ihadhmix- 114 
 Weitern R. W. Co., L. R. 10 Ex. 1 ; /Wketf v. Grand Trunk l>] 
 Co., 13 A. R. 174, and h without remedy against the party d 
 caused the obstruction, unless the remedy be ^ivcn by statute, j 
 pra V. Cook, 26 U. C. ('. \\ 182. In several of th.j Nuw En J 
 States a recovery over is given by statute. See LowtH v. SM 
 Cush. (Mass.) 275 ; Milford v. Ilolhrook. 9 Alien (Mass,) 17; J 
 v. Posfoii and Lowell R. IV. Co., 23 I'ick. (Mass.) 24; wLhi 
 E.iMd, 42 N. H. 197 ; Horksptt v. Avioxkcaij Co., 44 N. H. lOo; 
 mouth V. Cardini'v, 35 Me. 247 ; Patt<'r.ion v. ('okbronk, 9 Foste 
 H. 94; Km:i" v. /Vtiohsmf R. II'. C,,., 49 Me. II!). Whereana 
 is brought ai,'ainst a corporation in respect of an obstructimj 
 caused by .some party other than the corijoration sued, 1 reij 
 over is given to such corporation. See subs. 4 of this sec 
 The section is inapplicable where the cause of the injarrj 
 gravel simply placed on the road by the defendants, Rom v. 
 and Oreninlk, 13 U. C. ('. P. 515; but it is different whereij 
 course of repairing a highway a hole is left without a lightorf 
 .adequate protection. Pcar-ion v. York, 41 U. C. Q. B. 3"8, 
 HectKMi is applicable only to actions arising out of nonrepair! 
 neglect to repair highways, &c. Sullivan v. liarrie. 45 U, C,| 
 12. Where the section is applicable, no additional time isj 
 a legal representative to bring the action, owing to the ( 
 
 /lint 
 
.^1 /o\] ACTIONS F-OU NOf RRPAIK OF HKJITVVAYH. 
 
 .l„„|ivray laiflouH»y uny private pom.n, atid i]w corpom- 
 
 "on shall not b.' liublo to keep in repair any such last men- 
 
 I'onea road, street, bridge or highwiiy. until estalilial.ed ».y 
 
 1,v.|h\v of the corporation, or otherwiHe naauniecl for pnhlic 
 
 - u3,r hv Hucli corporation, (t) 4fi V. c. 18,8 .531. 
 
 499 
 
 i„teHtato, l.y remmof i.e{.'ligonc.; 
 Tiirin'rv. liranfjord. l.i I'. ^ • ^ ■ 
 
 I y'ttnc'* 
 
 witliin th«! moaning of tli«! sectimi. 
 I*. 10S». The plaintitT hrouglit an 
 
 Iwtioii a«aiii8t two towimhips for noii-rcpnir of a road, jin^l whilt! it 
 Iwiwpeiiihngheforo the Court of ApjuiHl, there being sonio doubt uh to 
 
 Ition. 18SI"-''' * "'"'* ''K"'"^* *■'•** I'oiuity. A notice, to procefKl to trial 
 LviiiL' l»et'n served on tlie jdiiintiff, tiie time for trial wan enlarged 
 Kll after the decision of the Court of A])peal. McHardy v. r^rth, 7 
 101. The statute begins to run from tlie occurrenee of 
 
 R. 
 
 Miller v. yoyth Frtdfrict-thitrg, 
 
 Ueaa-ideiit, notfrom the death. 
 iU.C.Q. B. 31. 
 
 (/l This proviso does not apply to toikIh laid out hy tlie <;over'i 
 
 leut and afterwards ab.indoned to the nninicipalities. Iririn v. 
 
 ■iftrrd '2'2 U. C. ('. P- ^^- All the Legislature niennt Wy it is, 
 
 »t the ii'icre iayiug out of a road or building of a bridge ))y private 
 
 atiVi shall not cast a crinnnal and civil re8|>onsibility on tbe muni 
 
 ^lity, or on the public represented by them. See Uref/i v. Toirii 
 
 Jllridge. Cre.ck, '.'0 Am. 18. "It is very easy to imagjne cases where 
 
 |cli a pnivision shouhl most properly apply, especiiilly In a country 
 
 kerc such large open spaces are inclnde<l in town and city limits 
 
 (jome cases coutaiaiug tracts of land in their original state. A 
 
 dhoMer might, merely for iiia personal convenience, stake out 
 
 jf.a-niileof road through his land, cleared oi uncleared, and declare 
 
 It he dedicated it to the public. Sudi a procee^i'ng, V)y itself. 
 
 julil not render the uuinicipality liable. But ,ifte) this i.s douo, 
 
 lira long series of years, the public [alian tiu; municipality) use 
 
 [rnail as a frequented thoroughfare ; houses an; built along it, as 
 
 |r uhief if not their only way of egress and ingress, and which 
 
 (es are forthwith taxed by the raunicipility ; repairs are regularly 
 
 J til it every year by the road officers out of public nnmeys ; -it 
 
 id then, I think, be an unparalleled state of the law if it lie in 
 
 h-.Duth of the unuiicipality, to declare that tbcv are under no 
 
 pnsibility." /Vr Hagarty, C. J., in Rf-ij. v. Yorhnlle, 22 U. 
 
 I'. 431, 4.39. The adoption of a road by the parish is no 
 
 1 than the use of it by the public. Rex v. Leake, 5 R. &, 
 
 5484. A road dedicated to and used by the public, becomes a 
 
 iray which the pariah nmst repair, although neither the dedi- 
 
 nor the user has been adopted or accjaiesce.l in by the 
 
 lb., 469 ; see also Jiex v. Lyon, 5 T). & 11, 497 ; ^iVf/, v. AV?r- 
 
 19 L. T. N. S. 65(5 ; Foreman v. Canterburi/, L. R. 6 Q. B. 214. 
 
 unicipal corporation have created a street as a public street. 
 
 charge of it and regulating it as other streets in the munioi- 
 
 , iliey cannot be allowed when sued for an injury arising out of 
 
 egligence to repudiate their liability. Mayor, Ac, v. sSheffieJd, 
 
 .(U.S.) 189 ; see also Irwin v. Rrndford. 22 U. C. C. P. 18, 421. 
 
 done by proper authority on roads used as highways, when no 
 
 ice of their establishment under statute nor other evidence of 
 
500 
 
 THE MUNICIPAL MANUAL. 
 
 
 I<«p»lr o( 
 •roMinx*. 
 •te., made 
 by I«BV« 
 iniiDlulpallty 
 
 [»• 531 (3)^ 
 
 (3) The corporation Hhall, in ti»e abseuce of Hn aifie^ ] 
 ie to the contrary, keep in repair all crossings, sewers o 7" 
 
 _..,ianJ approaches, grades, sidewalks and other works' mlH 
 
 on toll rottdi. done by the council of iiny municipality, or by anv J 
 with the permission of the daid council, upon any toil r^^ 
 or tlirough the said municipality, and on (h-fuult no t '\ 
 in repair shall be responsible for all damages sustaiiu'dl 
 person by reason of such «lefault, but t»ie Hction miiItT 
 brought within three months after the daniaL'es hav 
 sustained (tt). 47 V. c. 32, s. 17 ; 48 V. c. 39, «. 21*^ 
 
 (4) [n case an action is brought against u niuiiiuimjioi 
 
 itKM for ill- ration to recover damagrs sustained by reason of inv ,.1 . 
 jury CAiifl6(l *_• • •• V '-'^^^il 
 
 by partiM. tw". excavation or opeiung m a jiublic highway, street 
 bridge placed, made, left or maintained by another lor 
 atiou or by any person other than a servant or awnt of 
 municipal corporation, the last mentioned loriioriition 
 have a remedy over against the other corporation 
 for aufl may enforce payment accordingly ot tin; (Jama-'e!! 
 costs, if any, which the plaintitf in the action mnv reci 
 against the ^nunicipal corporation ; provided neverthel 
 
 Remedy in 
 CM* of dam- 
 
 Other than 
 thtt corporH' 
 tlon lUHd, 
 
 pen 
 
 . ucceptanoo is shewn, lm« reptatetUy, iu tho United States lieenl 
 8Vif}ioient to authorize the inference of acceptance by the constitj 
 public authoriticM. Murryv. Taylor, 19 111.634; I'olnouiv (/J 
 hill, 36 Vt. 580; State v. Atherlon, 1(> N. H. 203; /V-</'/f v j\ 
 t> Mich. 170; Ah-ordv. Anhhy, 17 111. 363; Vommommilth^. 
 iiKj, 13 Mete. (Mass.) 10; Hiithrie v. New Haven, 31 Cmiii.] 
 Though the rule is not uiiifornily recognized in the United stati 
 is believed that the weight and prevailing current of autlioritiei] 
 port it. CiiitixM V. J/oyf, 19 Conn. 154, 168; linker v. Clark 
 H. 380; State \. Xiuld, 3 Fost. (N. H.) 327; Cote v. Spmd 
 Me. 161; People v. Heauhien, 2 Dong. (Mich.) 'liiiy, 286- Wal 
 Cat It II, 3 Vt. 530 ; /ioyer v. State, 16 Ind. 451 ; Morse v 
 32 Vt. 600; Huldane v. ColdHprimjs, 21 N. Y. 474; Uuid 
 Hoinaii, 15 Ind. 201 ; Uech v. Wauqh, 24 III. 228; Cmnih 
 Ford, 9 Wis. 21(; ; JJanielH v. Peoplt, 21 III. 439; Jtim\\ 
 Ti^hnry, 5 (iray (Maas.) 73 ; Rimell v. Nen- York Central 11. m 
 26 Barl>. (N.Y.)430; Hays v. State, 8 Ind. 425; Stale v, Hill,l{ 
 219; Smith v. State, 3 Zabr. (N. J.) 130; State v. Sartor, 
 (S. Car.) 60; State y. Athcrtoii, 10 N. H. 202. U is.loiibtiegsi 
 the power of municipal councils to close up or by proper action J 
 to a(!cept highways established by dedication : so that it is imp 
 for laiul owners to force upon the public, roads not necessi 
 public convenience. (Such as are necessary the public ought to j 
 Per Beck, J., in Mandemchid v. Dubuque, 29 Iowa 73;4Ain,r 
 
 (tt) See Miller v. Xorth Frederickshwy , 26 U. C. Q. BJl.j 
 the power to make crossings and side walks on toll roads. 
 Stat. c. 159, 88. i54, 155. 
 
 i|! 1(53-;; 
 
?.] rOUNTV ROADS AND URWaKH. 
 
 ^t elie miiniciprtl corpomtion shall nnl., i 
 
 ,idn.«edyoveriftl,e^thercomoS *^ *^* 
 
 rteui«deaparfcy to the action «„r| if f I'uT" "'»*" »»« 
 
 in tlie fiction HsagHirist the othor co mm f • ''*"'''*«W'8h- 
 
 „ttlirJamuge,s were sustained in- vvanol nf i ""'' ''®''^*'" 
 
 ,a,va|ion or opening us aforesaid pJacerl niarlp"l"ir*'""''°"' 
 
 m hy tho other corporation or person I i "'" "'*'^* 
 
 Jfoipfttion may in such action JmvethH T\ "'""ici- 
 
 pewn added as a party defendant n.. xf- ,'*^''^*"'''*°'''^fcJon 
 {L. heroof if tin, sanfe is rmtlLuIv":'! /'"';'>■ ''"' ^''« 
 ion jointly with the umnicipHl corpo, ft o an'l ?.''* '" ^^^ 
 ^jration or person may defend sue . . ! '' *''" "^her 
 
 iplaintifTs claim as against the cLiln ? IT '"''" "^"^'"^^ 
 ptioii to a .-emedy over ; and M,e ( '„„rt o. r "V"'^^"'P'^' 
 inal of the action niny order eost« , "7 '^' ''"''geupon 
 „f(l,.nnrf,»Mfl.«..„*„^_.. . *^"^'^*" ^o bf paid hy or to ' 
 
 0Of 
 
 .1 -parties thereto or in respecT of' I'' 'T^ ''^^ "'' *" 
 as in other cases. T.O V. c 09, « 33'^ "''''"" "^e* "P 
 
 CouHfj/ noadH mid /iridges. 
 
 m. Tlic county council shall h 
 fcn («)over all roads and b,-id..es WuH . '^Y.'^''^'^''- Ju''is- '"rWiotion 
 
 "•«f^s lying u ithin any town "' *"""»*> 
 
 It is Ijy .section .W.*) oiin/.fcJ TuTTi "^ 
 
 «y o,.^oad. .Ue....,,:":;;!:^,^' ^;-f -J^ fr^ehoM. of every 
 
 Invested 1.1 Her Alnjcity. her J.. ii '* "'•••'"<l''iy t<. lai- 
 
 1527 eimctcl that e^r/ , 2/,. ''^l'^'"'•' «»«<-'««sor8. It is n 
 
 "*«l village, shal] l,e veste.l i,. H. ^' *?"'»8^"P. town or 
 
 'unclli 
 
 "vor roads 
 
 ■'nd bridge* 
 
 fe M. w «s "i^/Slitif \!;;"f 'f-^i?: -^^^ Z 
 
 [Wg. 0, highway reserved. J "s , •"' ""t sud/road 
 
 ^ county cou«c,I«hall have .rr/« ,V, -,,7 5'.'''^. «'-''''-''>» enacted 
 
 Jgcs mentioned, whieJ, may (ZauZ-^ 'f''^''''' "^«'- the road« 
 
 ftlin sections 525 and Vn 'r'''^\ '"O'I'Ih and hrid^es s,,,.?.! 
 
 ^on525. to reo«nciK"se:;i;„3^^or r,n:^j'- •"-« »"'^« nott 
 
 ""'""« «-*'" ■■^\tho8o"ectio.;r ^' " "* "''"• »««««««r; 
 
 ill he ohservorl ^....-i.. ,. 
 
 hf' mentioned, whicV/; ' Sr-'''''t''>'-» ov^er the 
 ►»lin sections 525 and Vn 'r'''^\ '"O'I'Ih and hrid^es s„ 
 
 Nres that as to the\^'a;,« n. ' K '• ,'" '''•^ ''^"^"•- '^^ It 
 
 ppcrtyot thenun the oniinfj ""<='®'^' without vestintr fK« 
 [orexclusive locality constitS'/.T' "'"* *''« ^^''-'tyhas^o 
 Ijnnicipalities which compose f '^'-l'"*^ '^'""'^ fr"" t le 
 J/ r vesting eveiypubh-cTad st -ee? /* ',"''«^'* ^^«"' '"oon 
 
 f'!!-|* 
 
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 I 
 

 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
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 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 872-4503 
 
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 ^02 
 
 THE MUNICIPAL MANUAL. 
 
 [«• .')3:'. 
 
 ship, town or village in the county, and which the 
 by l>y-Iaw 
 or village 
 
 council 
 
 >y l>y-Iaw assumes with the assent of such townshiTi 
 )r village municipality as a county road, or lir;,i„ 
 
 ipahty as a county road, or bri(W until 
 the by-law has been repealed by the council, and over il 
 bi-idges across streams or ponds or lakes sepiuatinif two U '■' 
 ships in tlie county, and over all bridges ciossing stieaiuu 
 livers over 100 feet in width, within the limits of ;inv i '■'" 
 porated village in the county, and connecting anv ]!■' 
 highway leading through the county, and over all Inil 
 over rivers or ponds or lakes forming or ci'ossing boundary 
 lines between two municipalities, {v) 46 V c 18 s Vi/ 
 m V. c. 29, s. 34 ; 51 V. c. 28, s. 30. " ' ' 
 
 exclusive jurisdiction' Mas alone conferred upon the county com il 1 
 as the grant of a power sufficiently large for all practical purposH I 
 and indicating that the local municipality or muuicipalities are to iiel 
 excluded from all interference in the exercise of tiiat power /- 1 
 Adam Wilson, J., in \Velli?igton v, WUmii, 16 U. ('. C. P. 130 T[H 
 every public road in a township is vested in the municipality ther&if I 
 must be taken with some limitation; for the county council hi 
 under this section, exclusive jurisdiction over all roads. &c ivinj! 
 within any town or village of the county which the couiity couDcilJ 
 with the assent of such town or village municipality, assumes w i 
 county road. See f*er John Wilson, J., in Beg. v. Louth 13 L'.tl 
 C. P. 615-618. This section, before amendment, applied only •' 
 roads or bridges within townships. Per Burns, J,, in ,St (Itorn 
 Church V. Orci/, 21 U. C. Q. B. 2()5. It will be observed* that I 
 powers of i )unty county councils are now much extended, 
 
 {v) The first subjects in the section it is quite plain must i, 
 assumed by the county by by-law. The remainiug three subjectsail 
 not within that part of the section to which the word " liy-l&w "reffi? 
 per Wilson, J., in O'Connor v. O'onahee, 35 U. C. Q. R, 82. Tlj 
 section does not in terms recjuire that the last three subjects i 
 assumed by by-law. The section reads better by itself that tl 
 county council sliall have exclusive jurisdiction over these thif 
 subjects . . . It is the positive duty of the county to perfoii 
 the necessary acts with respect to subjects two and three iiltbon 
 the county council has i)assed no by-law assuming such subja 
 because the county council has exclusive jurisdiction over thjj 
 Ih. 83. The section must be read as modified by sections MS i 
 556, and as meaning that avery road dividing diflerent townsU 
 shall, when assumed by the county council, be within thef.\cliia 
 jurisdiction of the county, lb., 84 ; see further, Req. v. IFf (M 
 30 U. r. Q. B. 194. The case of Re McBride and Ywk,'i\ U.| 
 Q. B. 355, so far as it expresses that roads between towiiahipsr 
 without having been at^aimed by the county within the sole "onl 
 of the county must be modified. See jicr WiLsin, J , in O'^mm 
 Otonnbfe, 35 U. C. Q. B. 85. The se(.tion was held in R'-g.v.l'i 
 C. P. M. T. 1872, (not reported), to be inapplitable to mads brtV 
 townships acquired by the county council by j urchase, butthifd 
 aion which was followed in Hackimj v. I'erth,^'^ U.C. Q. iUtAJ 
 
534.] 
 
 MAINTAINING COUNTY R0AD8. 
 
 503 
 
 533. Any county council may assume, make and main- [!o«nda;;y ,,^ 
 • . V township or county boundary line at the expense maintainea 
 Tth'e county, or may grant such sum or sums fioin time "y """"^y 
 time for the said purposes as tht^y may deem expedi- 
 
 to 
 nit, 
 
 . (,j,) 46 V. c. 18, s. 533. 
 
 Improving and Maintaining County Roads. 
 
 or 
 'u8 ax- 
 
 534. When a county council assumes, by by-law, any |'oad.^ ^ 
 , (1 or bridge within a township as a county road or bridge, ^ume/by 
 lie council sliall, with as little delay as reasonably may be, =;;j;^^>„_ 
 d at the expense of the county, cause the road to he 
 Linked gravelled or macadamized, or the bridge to be built 
 La <'o'od and substantial manner; (x) and further, the 
 
 111 '• n 
 
 [disapproved of in S. C. 35 U. C. Q. B. 467, by the Court of Appeal. 
 l\ t thp Dower of a county to divest itself of a road which it has 
 itmed. Se Reg. v. Perth, 6 0. R. 195. 
 
 t (ill Bv township boundary line, here mentioned, is intended a road 
 Iwhieh forms the boundary Une of a township or boundary line between 
 bownships, and a road may also be a boundary line of a county or a 
 Ibouadivry line between counties. In either event the county council 
 liniy do one of two things— assume, make and maintain it, or grant 
 tinoney from time to time for the purpose of making or maintain- 
 ing it. 
 
 (i) Power is often conferred on municipal councils without the 
 ^position of a duty, in which case the exercise of the power is dis- 
 liretioiiary See In re Weston Grammar School, 1 3 U. C. C. P. 423 ; 
 m V. Crane, L. K. 8 Q. B. 481 ; Hoviy v. Afai/or, 43 Me. 322 ; 
 ^mjamin v. Whcelpr, 8 Gray 'Mass.) 413. But here the power is 
 jubordinate to the imposition of duty, viz. , the council fihalt, with as 
 title delay as possible, &e. See note b to sub-s. 30 of sec. 496. " Jt 
 iould seem to l)e reasonable, when a county council assumes by 
 Svlaw, the exclusive jurisdiction over any road or bridge lying 
 ntireiy within a township as a county road or bridge, that the 
 loniicil should be compelled to improve and sustain it at the expense 
 [ the county, which is ju^t the very direction the statute mikes, 
 kherwise there can be no sense or purpose in the township being 
 livested of the jurisdiction over its own internal ro ids. Per Wilson, 
 L'm Roivanl Stormoiit, 22 U. C. Q. R. 531, 5.36. The county can - 
 jot, in the absence of express legislation, cast the obligation of 
 ipairing a road or bridge so assumed on the local municipalities. 
 f, 537. "To cast the burden upon the special locality, and to 
 lake it provide for the whole general advantnge, where it has no 
 bwer or jur'sdiction, and its onl.y privilege is to p ly under the dic- 
 ItJim of another power, would be as onerous and unreasonable an 
 |)lig".tion as can well be conceived." Per WiTsoii, .1., lb. Nor has 
 ecojiity, in the ahaonoe of exuress legisliti'ni, any [lower to cast 
 |outhe ocal municipalities the obligation to keep in repair a town. 
 
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 604 
 
 Maintenance 
 ofoertaiu 
 bridges in 
 villagt'8. 
 
 THE MUNICIPAL MANUAL. 
 
 [8. 53j. 
 
 county council shall cause to be built and maitita" 
 like manner, all bridges on any river or stream ovor in 
 feet ifi width, within the limits of any incorpoi-ateri li 
 in the county, necessary to connect any main nnl,lic^i ? 
 way leading througl) the county, (y) 46 V. « '^ -' 
 
 50 V. c. 29, s. 35. 
 
 c. 18. 
 
 535— (1) It shall be the duty of county councils to 
 
 Bridgeii be- 
 tween iruni . . , . , . - 
 
 etpaiitiua. and maintain bridges over rivers, formin 
 
 5341 
 
 erw 
 
 .. , ..... S w crossinfT bound 
 
 ary lines between two municipalities (other than in tir 
 
 a city or separated town) within the county : (;i) and ' '^^^ 
 
 iiicai 
 
 ^cfy. V. Louth, 13U. C.C. 
 
 ship road purchased by the county. 
 (J15 ; but see sub-8. 6 of s. .^GG. 
 
 iy) The latter part of this section was an addition mido ti ' 
 of 29 & .SO Vict. c. 51. It was added by 34 Vict. c. ,30, s. 8. B f 
 the addition, the county council could only assume as' [imnh, ." " 
 such roads or bridges as were within townships and wurc uiiil''^* 
 obligation to keep iuirepair any bridge within an inoorpoiatecl viHaL 
 Where such a bridge is across a river over 100 feet in width mil 
 necessary to connect the parts of any public liigliway leading thm 
 the county, the obligation to build and inaintiiin it is uiistirhsolnh 
 on the county, and very properly so, for a bridge so situated is re 
 a part of the county road, which by statute is witiiiii the exclm 
 jurisdiction of the county ; see further sec. 5.35, and notes tlieiefa 
 
 (-) A bridge is defined as being any structure of Wdod, 
 brick or iron, raised over a river, pond, or lake for tiie iwssn 
 men and animals. See /fi'fj. v. Drrhi/xhlr', 2 (}. B. 74') ; ,sv^ 
 Oorh-tm, .37 Me. 451 ; .S'/M.sva; v. Strndi'r, 3 Harris (X. J.) los, 
 word "bridge," may incbnle such abutments as are necessafl 
 make the structure accessible an<l useful. AV,;; v. HW lji,lig 
 York. 7 East 5nH ; linrdwcU v. Jamnira, 15 Vt. 438; Tnlh^ 
 Wpl-lin</f.oii,2(]Conn. 578 ; Gommomnpnlfhw /M;);AVW, (j AUdW 
 449. A bridge is said to l)e a mere substitute for a feri'v.-i 
 Savage, C. .T., in PcopJi' v. Sarnf/xja and UouMpJaer II. W' 
 Wend. (N. Y. ) 133. The duty of repairing in-idges in England,! 
 absence of legislation to the contrary, rested on the couutv, 
 700, 701 ; Rcc. v. W('><t Ridinff of Vortthh-e, 2 East 342, 3,)(i;' 
 T/mwi^'on, 12 N. Y. 52; Folintt v. Ppopic, Ih. 273: Pe.,-)ph\: 
 6 Hill (N". Y.) 51(1! and .ir common law it was imiispensablej 
 legal character of the bridge repairable by the cDunty, tliat itj 
 be shown to cross a stream or watercourse. Rcc v. Oxfurdi 
 B. & Ad. 289 ; Rcr v. Sn/o/>, 13 East. 95 ; Rpx v. IJmH, l| 
 317; Rcxv. Northampton, 2 M. &S. 2(52; but these won 
 held to cover water flowing in a channel between lianlcs mor^ 
 defined, even thougli the chaimel were occasionally dry. 
 Marfjuis of liitckimiham, 4 Camp. 189 ; Rcr v. OxfonMirei 
 Ad. 289 ; see also Rex v. Tafford, Ih. 874 ; Rex v. Whitnei 
 E. 69 ; Rex v. WeM Ridhiff of Yorkshire., 2 East. 342 ; Rax ^ 
 ampton, 2 M. & S. 262 ; Rex v. ifar'pti'inf Bud-in[/ham,iCa^ 
 Bex Y. Devon, Ry. & M. 144 ; Rtx v. Derbyshire, 2 Q. B, 
 
 create 
 
 ir 
 
 )i) 
 
505 
 
 -■,7 ■ -'.''"' * stream of w.,*- '. """'•^«. <'ina everv ' 
 
 N crossing the public roLlj.f^' "'• «^'«ry cJek /, ■ '^ ''^""«t 
 NeatSebringnlle, which i^ f^. ., ** ^^^^nahins of Pir ^'® 
 Jckriy defined banks md !/ T" "'""'y to for v fL*'^^"''« *"<! 
 fc;h.bee„heM tot a"'vS"^ ' ^ ^^^'^ ^-/S /'^ S^"' 
 I JZ-Z/ar^v V. mire, I A J .00'" *''« 'neauin-r of f. '*'*'''' 
 I But eve,. ,vhere the strewn /V 1 ^^ ' '^'■^^'^ing 37 J rV?' 
 kvcouncilmnst have some l" !^°"^' controversy 1. -^ ^^'^ ^• 
 leshoul,! be erecte.l, » ,} f 'i'V"" ^^ *« the ScT '7^'-' the 
 lot the necessity of f], "^'^ ^"^ allowed h, « "^^''"^ the 
 
 h «lach wts bu ft i„ .LT^''- «^-«et bridge 11?^'* ^r^'' ^"^ 
 [.otebridgen.ore Lnllm 
 
 ISO aids from Tow*>.. .? ^^"^ the river at St T^-^.'V"^»te 
 ¥ either bridge l,nt i *'i*^^*- '^'^o cou ,tv n^'. *?'' '^'''eet, 
 P«ttiieco„„tfc' ^/ '»f' granted aid "Jul '' '^^ ^^y-W 
 
 t would appear to' hi- .,i'l^"^^«''-. 39 U C o"'«'"' *> St. 
 
 Iitreet hri 1 'e ' /<»,.,, . ,,, - -"•■«"' 
 
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 608 
 
 I I 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 535 (1). 
 
 between two or more counties, or a county, city or sen' 
 town, such bridge sliall be erected and nmintained I 
 councils of the counties or county, city and separatefl f 
 
 town, such bridge sliall be erected and nmintainecl b th 
 councils of the counties or county, city and spnnr.if„i ^ 
 
 respectively ; (a) and in case the councils fail to dltpp i 
 4.i.„ ..,.,.„^,.4.,*,.-. ^,^„4.,* — ,. ^+' ii.„ J , , b"=ca,sto 
 
 the respective portions of the expense to be l)oine 1 • tt 
 municipalities interested, it shall be the duty of eacl I ' 
 point arbitrators, as provided by this Act, (b) to dote- ''^ 
 the proportionate amount to be paid by each, and the • "'"i 
 made shall be final, (c) ' '"^'' 
 
 (2) A road which lies wholly or partly between two , mini 
 cipalities shall be regarded as a boundary Hue within tl 1 
 meaning of this section, although such road niav dfvint l 
 that It is in some place or places wholly within cue of fli I 
 municipalities, and a bridge built over a river crossing 1 1 
 
 Rttj. 
 
 Street, 
 
 V. Oxford and Whitney Turnpike RocuU, 12 A * p xtr 
 V. Haldimand, 20 U. C. Q. B. 574; Re,,, y LL„\t 
 3 U. C. C. P. 356 ; Rey. v. Town,h\,j of Mmim\ 
 38 U. C. Q. B. 91 ; Re Jamenon and the County of Lanark Ih fti" 
 A person sustaining special injury, owing to the defective state of a 
 
 Oreyory V. Adamn, 14 Gray (Mass.) 242 ; 7J(/f/(tM v. /iwrfi/t ('o 
 Pa. St. 303 ; Patterson v. Eant Bridye in Bdfad., 40 Me, 404' 
 bridge may be so constructed over a navigable river, in the absence 
 of legislative authority, as to be a public nuisance. Rt(j. v, I( 
 Ridiny of Yorkshire, 2 IJast. 342; Ex parte Jmniny^ (i Conn. oL 
 Arundel V. McCuUoch, 10 Mass. 70 ; Lausinyv. <S';/(i7A,4U'eiul. (Ny| 
 65 ; Thomas v. Lelaiid, 24 Wend. (N. Y.)'65; PhilaiklphlavJm 
 58 Pa. St. 320. But because it may be a nuisance to those navf 
 gating the river, it does not follow that those who do not nan 
 gate it can complain. Fort Plain Bridye Co. v. Hm'dh, 30 X. 
 44. A proviso in a charter to erect a bridge over a niivimbj 
 river, in such a manner as not to injure, stop, or interrupt I 
 the navigation, is a limitation of the franchise only, but not of I 
 liability to persons injured when navigating. Mononjalida Briii 
 Co.v. A'^r^•, 46 Pa. St. 112. Such a bridge must, if necesisary,L 
 altered to accommodate increased travel. Manly v. St. IlekuiCm 
 and R. W. Co., 2 H. & N. 840. 
 
 (a) The obligation to repair applies whether the bridge was ori™ 
 constructed by a municipality or the Crown. The state of repai 
 which such a bridge was, when owned l)y the Crown, is no raeas 
 of subsequent liability. So long as the bridge is kept open, it t 
 be kept reasonably safe for the use of the public. Ilurrolih: Sm 
 and Ontario, 16 U. C. C. P. 43 ; 18 U. C. C. P. 9; %, v. Carld 
 1 O. R. 277. 
 
 (b) See sec. 385 et seq. 
 
 (c) See notes to sec. 65 of the Assessment Act. 
 
 UH-oormore 
 
TOWNSHIP BOUNDARY LINES. 
 
 607 
 
 1 here it deviates as aforesaid shall be held to be a bridge 
 ""'' ^ rivpr crossing a boundary line within the meaning of 
 
 this section. 48 V. c. dJ, s. u.. 
 
 iVi Where a river or stream forms a boundary line between 
 
 • or more municipalities within a county, it shall be the 
 
 ?^ of the council of the county to keep such river or stream 
 
 ' ^f|,jj^ all accumulation of driftwood or fallen timber now 
 
 loHiereafter accumulated ; ((/) 
 
 ii\ In the case of any river or stream which forms a bound- 
 
 I.rv line between two or more counties, or a county, city, or 
 
 Jiu-ated town, it shall be the duty of the councils of the 
 
 ilunty or counties, city and separated town respectively to 
 
 , ^^(.JJ i-iver or stream free from all accumulation of drift- 
 
 or fallen timber now or hereafter accumulated ; and in 
 
 le the councils fail to agree as to the respective portion of , 
 
 le expense to be borne by the municipalities inteiested the 
 
 me shall be decided by arbitration under the provisions of 
 
 is Act, and the award made shall be final • (e) 51 V. c. 28, 
 
 31. 
 
 Maintaining Township Roads. 
 
 536. All township boundary lines (/) notas.sumed by the Boundary 
 ^nnty council shall be opened, maintained and improved by afstuned by 
 le township councils, except where it is necessary to erect *'°"JJ*JJj 
 [maintain bridges over rivers forming or crossing boundary 
 ; between two municipalities. 46 V. c. 18, s. .536, 
 
 637. Township boundary lines forming also the county Township 
 imdary lines, {g) and not assumed or maintained by the behf/afso*' 
 
 county 
 
 boundariei. 
 
 As to powers of townships with respect to the removal of 
 actions in streams, see sec. 521, sub-ss. 16 to 18 and sec. 522. 
 
 See sec. 385 et seq. See also notes to sec. 65 of the Assessment 
 
 By " township boundary ^wie" is probably meant a road form- 
 la township boundary. The object of the section is to relieve 
 pties from the burden of keeping roads iu repair, and throw 
 burden upon the local municipalities adjacent thereto. To 
 |the burden upon a particular locality of keeping in repair a 
 r road, used by the whole county, seems unfair. See remarks 
 dam Wilson, J., in Rose ami Stormont, 22 U. C. «J, B. 637 ; see 
 note : to sec. 535, but such is apparently the policy of 
 lection. 
 
 i Roads forming township boundary lines, when not assumed by 
 
 councils. 
 
 SvV 
 
 y ' i * I ; ' ;!■ I 
 
 
 ft.-ii' 
 
 
 
I'S.JI 
 
 
 
 rl 
 
 
 508 
 
 THK MUNICIPAL MANUAL. 
 
 yi 
 
 respective counties 
 respective townships, 
 
 [s. 537. 
 
 interested, shall be maintained by tl 
 , hordei-ing on the same, oxcent whi" 
 
 wxcept where 
 
 it is necessary to erect or maintain bridges over rivers f 
 ing or crossing boundary linos between two municiimllr'" 
 46 V. <;. 18, s. 537. ' ""^^' 
 
 Roads Uuder Joint Juriadiction,. 
 
 drcUoKer . 538. In case a road lies wholly or partly hotwecMi a counu 
 c«ruin city, town, township, oi- incorporated village, ami m -'li 
 joining county or counties, city, town, tovvusliiy) or 1,^,^,, 
 porated village, (h) the councils of the luunioipulities l' 
 
 roads. 
 
 the county council, are to be opened, maintiiiiied and inini i 
 by the township councils ; but when forming county l^iundnrv F 
 they arc, unless assumed by the counties, to be under this Jet" * 
 maintained "by the respective townships bordering en thusai''^ 
 except where it is necessary to erect or maintain hridufs over riv. 
 forming or crossing bounilary lines between two nnunuipalities ? 
 ditl'crent policy prevails as to bridges ovor rivers, pondsor laice.sformi 1 
 or crqssing boundary lines between two municipalities. See sec .W^ I 
 (h) In case a road lies mlinlli/ or /xirfli/ httwn'ii a county io aid I 
 an adjoining county, &c. A road situate wholly n'iilihi aci'tv twn 
 township, oi- incorporated village, is vested in tiiu local niunidiialitv' 
 Sec. 527. "When, therefore, the det'oudauts assert tiiut i 1 
 road in question is a county road, properly con.stituted as .such umleJ 
 the provisions of the .statute, they are asserting that to iiu tlie cist I 
 which we set; r.otthl no/ hi;/' J'rr Burns, J., in .Sf. tU'onit'n l%,,ffi i 
 V. arey, 21 U. C, Q. H. 21)0, 2()8. When is a mad to besaiiltoli'e'f 
 wholly hctirpi'.)) :i county, &c., anil an adjoining county, &o. ? OoqI 
 the word "between" mean that the road sc[)aratcs the twoiumif 
 cipalities, so that a traveller might go along it hcing in neither «m| 
 municipality nor the other? Such was the interpretation given tjl 
 the .S9th section of 12 Vict. c. 81, in Woud.'i v. iycn/.wurtli ami HnA 
 ilton, ti ir. 0. C. P. 101. And such appears to l)e tiie inttipretatiui| 
 of this section /Vr Draper, C.J., in Har-rolil v. Sinmi' ami PiA 
 18 (J. C C. v. 10. " When you speak of something lying betweiil 
 two other places or things, you mean, in the accurate use of iMicuajJ 
 something lying between the boundaries or limits of the other tt J 
 places or things — something dividing them, within the bonicre J 
 that which does divide them, you do not in such a case employ titf 
 word, 'between' as meaning something common to two partiej or 
 places, as when you speak in common ordinary terms ol awellorij 
 stable as in use between two i)artie.'', or conanon to liotli, "&u, Fi 
 VanKoughnet, C, Il>. 15. When is a road said to ho /wr//// betwet 
 two nmnicipalities ? i his (question can be best answered by k 
 case. A road had for more than fifty years been used as a road 1 
 twcen the townships of York and Vaughan, the original allowai 
 for road being to the north of it, and this road being in fact wlioll)j 
 within the township of York, and part of lot 25. The owner of tl 
 lot had been indicted for closing up this road and convicted in lSi4J 
 The corporation of the township of York then passed a byhf li 
 
 .. 539.] 
 
 tweeii w 
 ijie SAim 
 jildces t 
 tiiMii ; 
 a river f( 
 iiiunicipa 
 
 539 > 
 
 ( ij)iih"tie.s 
 Uklge, (/) 
 
 cluse it, reci 
 
 of the road 
 
 tdwnships, a 
 
 could not be 
 
 ' ilclirkle ant 
 
 the deviation 
 
 I order to suit 
 
 \{:.lJnnB 
 
 ()■) It is doi 
 
 Ijurisdiotion, s 
 
 I the munieipal: 
 
 |Deeessary to b( 
 
 otherwise. //, 
 
 ^irther note u 
 
 led in sec. 54 
 
 lem. If the} 
 
 for neglect to i 
 
 Wentworth ii 
 
 neaii more woil 
 
 fort and Ontai 
 
 ' taken as di 
 
 oration thej 
 
 [ 0) See note 
 
 f(ii') Much dif 
 stion as forme] 
 len the words! 
 was a nomi[ 
 i of a bridge J 
 ► U.C.Q.B. 4a 
 ISimvot andol 
 I this respect fij 
 H the words 
 ISll. If the J 
 iroad, the half 
 ility to keep i 
 B.580;]A 
 
 I That is a roa 
 township, (I 
 h or a bridge f{ 
 
[8. 531, 
 
 lined by tli(> 
 ixcept where 
 : rivers form- 
 mnicipiilities. 
 
 vecMi a county, 
 e, awl !\\i ad- 
 \sliip or inw 
 nicipalities lie 
 
 !(l and inipiflvttl 
 ;y 1)ouiul;;ry lints 
 iiilor this si'dion, 
 ,ng on the same," 
 ifidgt'S over riven ■ 
 munci\Kvlitie3 A 
 .dsnrliikesforrainj 
 ties. See sec. SJl ' 
 
 iv comity, ic, and 
 I'itkbi a city, tow, 
 local mmiiciiiality, 
 i assei't that tie 
 ;\itcd as hucli uinln 
 that to he tilt case I 
 /. ^'('ln■!/(:"■'■' ''/I'irfli, 
 latl tohesiuiltolit! 
 jciuuty, &o,^ Doal 
 iites the twomaEi'l 
 ,)oiiig in neither (iffil 
 .r^»n,'tatiougivenlo| 
 'dil.H-uvth mid Hm-\ 
 le the iuterpretaliutl 
 V. S'imi'O'' and IV!,| 
 |thiiiglyh>g betwnil 
 rate use of language,! 
 .ts of the other tnl 
 ithin the bonlers J 
 ih a case employ tlil 
 1)11 to two parties oil 
 terms ol a well or I 
 In to lioth," &o, {^ 
 
 lusweredhyadecidi 
 en used as a roail I 
 he original allowai 
 being in fact vm 
 i. The owner oit 
 [lid convicted in r 
 t passed aby-iwli 
 
 ., 539.] 
 
 ROADS BETWEEN MUNICIPALITIES. 
 
 509 
 
 eeii whicli tJie road lies shall ha v.- joint jurisdiction over 
 
 r gftine, (i) although the road may so deviate as in some 
 
 I to be wholly or in part within one or either of 
 
 'I'f • (j) and the said road shall not include a bridge over 
 
 ! ' "vVr forming or crossing tho boundary line between two 
 
 Lunicipalities, other than counties, (k) 46 V. c. 18, s. 538. 
 
 539 Ko by-law of the council of any one of su'-h muni- "j**^^^^"" 
 • litios with respect to such last mentioned road orconcurln 
 3ge,(/) shall have any force until a by-law has been J-y;!,";;^'"* 
 
 them. 
 
 1 it reciting that there was no further necessity for it by reason 
 
 f"the road allowance. Held, that the road was one dividing the 
 
 ♦ Jnships and though in fact wholly within the township of York, 
 
 1,1 nnt 'he letrallv closed by the council of that township. In re 
 
 TSeand YorkUl U. C. Q. B. 355. The section applies where 
 
 ih ' deviation has heen made to obtain a good line of road—not in 
 
 ' lor tn suit the convenience of either municipahty. Per Robinson, 
 
 U , hu Brant ami Waterloo, 19 U. C. Q. li. 450. 
 
 (I It is doubtful if the words used in this section, conferring joint 
 
 liurisdiction, standing by themselves, mean anything more than that 
 
 Ithe municipalities jointly interested are to concur in any regulation 
 
 l!!,.p«arv to be applied to the road or bridge in regard to tolls or 
 
 Otherwise. In re Brant and Waterloo, 19 U. C. Q. B. 450 ; see 
 
 nrther note « to sec. 532. But the words " duty and liabilities," 
 
 *d in sec. 540, may be held to give a more extended meaning to 
 
 hem. If they mean more, so as to render the corporation liable 
 
 ^r neglect to repair, the obligation must be proved as laid. Wood 
 
 t. Wmtwortlt and Hamilton, 6 U. C. C. P. 101. That the words do 
 
 Bean more would appear to follow from the decision in Harrold v. 
 
 Krl-«'«< Oidario, 16 U. 0. C. P. 43 ; 18 U. C. C. P. 9, if that case 
 
 token us determining the liabilities, under the statute, of the 
 
 oration there sued. 
 
 ; (j) See note h to this section. 
 
 f(i) Much difficulty was created owing to the language used in the 
 
 ition as formerly framed, '29 & 30 Vict. c. 51, s. 329. It was held, 
 
 _eii the words used were " In case a road or bridge lies." &c., that 
 
 eh was a nominative case, and that the Act did not apply to the 
 
 _j of a bridge /ormm(/ /)((r< of a road. In re Brant and Waterloo, 
 
 |U. C. Q. B. 450 ; see difference of opinion on the point in Harrold 
 
 [iSifflcot and Ontario, 18 U. 0. C. P. 10, 17. The original Act was 
 
 I this respect first amended by 33 Vict. c. 26, ss. 1 , 8, by striking 
 
 tthe words "or bridge." See Beaver v. Manchester, 26 L. J. Q. 
 
 1 311. If the road were held to embrace a bridge forming part of 
 
 I road, the liability to repair the bridge must be the same as the 
 
 l^ity to keep the road in repair. See McHardy v. Ellice, 2>1 U. C. 
 
 [B. 580 ; 1 A. R. 628. 
 
 That is a road lying wholly or partly between a county, town, 
 j, township, or incorporated village, and an adjoining county, 
 L or a bridge forming part of a road. See notes h and k to sec. 538. 
 
I 1 
 
 
 
 510 
 
 THE MUNICIPAL MANUAL. 
 
 Arbitration 
 if they do 
 not concur. 
 
 passed in similar torniH, as nourly iw niav ho K,, n 
 council or councils having joint jurisdiction in th.. r • 
 (m)46 V. c. 18, s. 539. ""- pffini* 
 
 540. In case the other council or councils, for six 
 after notic<? of the l)y-law, (n) omit to pass a uT, 
 by-laws in similar terms, the duty and liabilities of ea "l * 
 cipality in respect to the road or bri(lg(! shall be ref. ' 
 arbitration under the provisions of this Act (o) IfiV 
 s. 540. ••W»o\ 
 
 mvi 
 
 Trans/er of Former Poivers of Jn»t\cp.s in Sessions in r 
 
 Louiicds. 
 
 Certain pow- 
 en nf Jug- 
 
 541. All powers, duties, and liabilities which atanvl 
 
 ticesinsen- before the 1st day of Janunry, 1850. beloiufRl f<> fi!/ 
 
 ferred to 
 count; 
 
 COUIIO 
 
 L. 
 
 trates in Quarter Sessions; with respect to any particuh 
 or bridge in a county, and are not confen-ed or imposed 
 any other municipnV corporation, shall belong to the w 
 of the county, or in case the road or bridge lies in t 
 more counties, to the councils of such counties ; (») a 
 neglect and disobedience of any regulations or din 
 made by such council or councils shall subject theofl'eii 
 the same penalties and other consequences as the iiei'i 
 disobedience of the like regulations of the magistrate^ 
 have subjected them to. 46 V. c. 18, s. 541. 
 
 (m) "Joint jurisdiction." See note i to sec. 538. 
 
 (7i) It would be well for the municipal council first pas 
 by-law and requiring the othir municipal council to do so 
 the latter with a copy of \'<m l>y-law. That would be the lie, 
 of the same. Six months arc allowed to the council of tH 
 municipality within which to pass a by-law in similar terms.] 
 
 (o) Whether or not the arbitrators have power in resn 
 bridge, to direct when and at what cost the bridge shall T 
 and to compel the respective municipalities to contribute xii 
 In re Brant and Waterloo, 19 U. C. Q. B. 450. ' 
 
 (p) This section is not to be understood as limiting the i 
 lity of counties to just the same measure of reHponsibilityj 
 magistrates in Quarter Sessions were subjected. This r 
 purpose of the clause It is a transfer clause or clause of cl 
 irom the magistrates to the county councils of all the poj 
 and on the completion of such transfer the councils are tf 
 
 Sroperty operated upon in like manner and sul)ject to tj 
 uties and liabilities applicable to their other property. T 
 it will also be seen, applies only to such particular roads j 
 as were not conferred or imposed on any other nmnicipi 
 but it is difficult to say what roads or bridges can be withi 
 
 5i2, JVo c, 
 
 Xhu'l^c vested 
 
 liir /)iib//c ih[ 
 
 (i(irs/i(i/i by 
 
 p:\i (Will und 
 
 m/ooiiiic'iis 
 
 lur t/ic L;oiitei 
 
 jn'puMic voih\ 
 
 \i>m oi Vnhliv 
 
 \ m thixt case, 
 
 Hid 01' 'u'ifk'-o s/ 
 
 liviw;ior, aiif/ ni 
 
 iu.andt/ie riv,u\ 
 
 M m \v\y.m' Uy 
 
 \^vm m, 527, am 
 
 .1/1(1 hrulgi, iipo 
 
 Jt werics speuia/Jj 
 
 pmmknition w, 
 
 l/iotljt'oaii.se tilt-re 
 
 brtMllyopoivito 
 pK'orli,, Id If Q_ 
 
 \> -^il imhlic vo!u] 
 klit.nii iWiiuii .sit,,, 
 fli niad.s cninhiir „ 
 kkc, vested a.s 
 ic ifep.irtment oi- 
 
 I '"'i'^re I.S ,1 (Jiffercii 
 fnosec.n.Sl fl^^_ 
 
 m ihep„wer, J 
 pvenior m Cou„ef] 
 
 " Voohtnntii 
 Ifsfonioa-repai,. J 
 Medti,e,.oa,l' ' 
 
 It' ^.18,-121. 
 JJ-i R. 112. 
 
 'IS a 1^ 
 
 Npose rtie pablic 
 fn repair after ft pi 
 •^"^""18 of the t'wl 
 
[«, 53|^» '^-'J ROADS VKSTEJ, ,n „,,„ MA.rKSTV. 
 
 AV./.V ...w /,.//,, ^,^^,^.^^^^^ 
 
 542. No council shulJ interfoi-o vv.>h 
 
 ,(|gc vv..ste(l ;i,s ;i proviiiciuJ work J,, ir '"iv .'*"''''c road 
 
 511 
 
 |tn<lgc vv;.ste.l ;,„s a provincial work i„ u'X -''".'''^ '■'^'^•' or Koad,. «»„. 
 k,,, public (le|)artmeiit or board an.J it . ■ '•^"■^^•^' (v) or in PrJ"""" ' 
 ^ -'^ii by Ordor in Council Lt^^t' ^'•^"^«"^"«t-aover-fXVC'' 
 
 . j.a)i by (),.dor in cou;;::;;urth" ^^"^^«--^^--'- ^"^^ 
 e, '•"'"' ".';' '^':'>''^' "-^ '^'-^ h this Act err ^'t^'"'^ "^ ^« -"'o '••• 
 
 iipiilcouiioils with respect to othp,. . i ^''"'"^^ ^'" UUUli- '"/"r/cre.J 
 i„ttl.eLientonant-(Jovcrnor nlav L ' /"''' '^''i^lges ; (v) """ 
 „v public road or bridge under the con^tm? I";",''^" ^^^'^''"'^ ''-'«- 
 Urof Public Works, to be n,, 1 ' "'"'<^' of the Coiiuuis \T^y 
 I in that case, after a' 4 Z^^^C^'^' V"^ ^^^-"^ """-: 
 U or luidoc shall cease to be uiu^ t,ie ^^ ^'^^tion, U^eZt^^tf 
 Wmnor, and no tolls shall be tl.o..^ i t-ontrol ot the CJoin- ^'"°>miH.Hion. 
 
 kancltlaM.nadorbri,|.esb,Ult 'e^^^^ 
 
 tptmiopair by the coun^al of t' * . ''''^'■''"«'' ••"''' 
 
 ltims.)2(j, 527, . '111(1 5.32 have -ilivn 7 , -~ 
 
 .."'i '--Igo upon .some niat ij Jit^" r''"i-"'' ""I--e<l every 
 onsiiier.ition H-a.s il: ia ,>. "'7' section ,')4'2 ti... "*^ ^ ' 
 
 Btfconsiiier.itioa was it ia ,„.„„■ ,'. lection 542 Ti. , "^]y ^ 
 Lool.c:u,,so tl.e,. was uil; " o! ' ''''''^'^'^ ''-'^-'^'/i 2 cW /'" 
 
 fft-'a-vo, 16 U. C. C. P. 5 ! 5J ^ '''""' '^•' i» J^^oni/Ty s", '^ 
 
 All piihlic voiuh, with few ex<'o,.f; 
 «,tyin which .situate. Se^ .107 '"'T^''^' '^'-e vested in tho n„ • 
 
 ') There i.s,i,li/rero„co between., ,. 
 
 ino,sec.P.34. Tlie oorporati m ir^l"'",""'^ ''"' "ligation So. 
 Jt only empowered to keen if • "^"*^''' ** Public rSuJ 1 . ? 
 
 ^'. Thip,.wei, wit.t:s^^ "^s^^ ^\^t is boir^o r^ 
 
 ■Governor in Coaneil. """feMtion, is |,ero craiferred upon 
 
 |'"f '' P'''"^l'"»ation was presume,] • 
 
 lgesornoii-rep:ur,wliere the fo " ^ ' "■ •'"' ''''*'"» to reoovpr 
 Fp V'Sl as . road vestal i^thr^T^''^ "^ '^^ 
 Ji^ 18. 42,. See also ^.^,, , -^,.^- I^^'ft^f^ 
 
 ■Suppose «ie public wav to K„ u ■ , 
 
 |m «iiicii is a boundary line h?.f ^^'''' '''"^' *'''it bridge cro.«,- 
 I of them, on whom devXes hf'n-^'" '^^'^^i^^hToTl^ 
 linrepairafter it ceases toT , "ligation to kee «» i 
 
*4 . : • . Ml 
 
 li'fV'ltf'""^' 
 
 
 
 III \ 
 
 [*■ »«. 
 
 OrdnkDce 
 roadf, landt, 
 
 i)tC , 
 
 512 THE MUNICIPAL MANUAL. 
 
 Hoada on Dominion LandH. 
 643- No cuuncil shuU paHH a hy-Iaw (u) 
 
 1. Kor Htoppinjj; up or iiltorinj; tlio iliit'otioti or .j|,„ 
 of any Htrtiot, Iniio or througlifaro niado or laj,| ^^^^^ 7 U"' 
 Majesty's Ordnance, or the Prinripal Hecrntaiv of (Star 
 whom the Oixhiance Estates lu'cauH) vestcMl uiidor the, Sbf '" 
 lov. c. 46, of the Provinco of Caiuuhi passed in the lliih yciiiof fl"* 
 <*:M..f24. Majesty's r<Mj,'n, chapter 4f), or tlie C).)HH()li,lat..,| Statute'' 
 ;*^w- s. c. (Canada, chapter '24, respectin|uf the Onhianco and Adniirj^ 
 hinds, or by the Doniinion of Canada ; (v) or ■ 
 
 2. For opeuin;; any such connnunicatioii thruii)j;li .iiivl ,| 
 hokl by the Dominion of Canada ; {w) or ' '' 
 
 ftft. 
 
 UomiDinn 
 laodi), 
 
 BridifeA, etc. 
 
 Military 
 lands, 
 
 work 
 4. 
 
 Intcrfeiinj,' with any bridge*, whurf, dock, quav, 
 vested in the Dominion of Ca)»a<hi ; or 
 
 Oriitlje, 
 
 Fnterfering witli any land reserved for niiliturv 
 poses, or with the inte;,'rity of the public defences — 
 
 ferfeL' witl; "^^^''""^ ^''*' ^'*^"«^"<^ ''^ •'•'^ Covernmcnt of tlu" I)..,ni„io„ , 
 -ithout con- Canada ; ami a bydaw for any of ti»e purposes afoiemjij i 
 
 rent of 
 
 Oominiui). 
 
 question hcforu us, wo may proporly ^ivc to tlu; wonl ' between iL 
 popular nther tliau tlic nioro limited, tliougli jio.snilily more ri'ull 
 c()rrect se ine ; uud tli.it when a bridge is oonstructod nver luvi'al,' i 
 waters, aud coiiuects two opposite shores lying in dill'crcrit tountibif 
 we should iiold sueli bridges to be between wucji two coiiiitja 
 and that tiieyare jointly answerable for its mainteuancu, even tlioiiji 
 the comities, as respectively containing the townshi|).s lietweeiiiL 
 shores of whicii the current Hows, reach to the niiddlo of the wto I 
 and are divided oidy by the invisible untraceable line tiilled mnkiX 
 filnin aqiKi'." Per Draper. C.J. , in llarruld v. Simcoi' anil Oiii„rJ 
 18 U. C. C. P. 13. ' 
 
 {u) The power to legislate as to municipal institutions in tlieFni| 
 vince is 1»y the B. N. A. Act, sec. 1J2, sub-s. S, vested in the Legii I 
 ture of each Province. Hut whether a public work be vcsteilinfel 
 Majesty as representing the Province, or the Uoniinion, see .^/tenvl 
 (ie.iieral v. Harris, 33 U. ('. Q. li. 1)4, it is eiiually beyond the jwii I 
 of a local municipal Act to interfere with or control it without (kl 
 consent of the Queen. The previous section makes this the Jafij 
 reference to Provincial works, vested in Her Majesty. Tliislml 
 reference to Dominion works and Dominion projierty. 
 
 (v) The object of this part of the section is to protect roads, it, I 
 laid out through ordnance lands. The ordnance Transfer ku\ 
 1856 divided ordnance lands into two schedules ; the first silieililii 
 comprising all lands vested in one of Her Majesty's Principal im\ 
 taries of ^)tate, and the second such lands as are reinvested iutk| 
 Crown for the public uses of the Province. 
 
 {w) See preceding note. 
 
'!)" ROADS SKCrHSARY KOIl INUKK8H AND KORK8H. 
 
 lull be void, unle«8 it iHcite* such consent. 40 V. c. 18, s. 
 
 513 
 
 
 Road» SeceHnarn for /nt/rt^xH and Efjn'sH. 
 
 844. -(I) No council shall clo-sn upany puhlic voii.l or hi^h- }^Xe rllid 
 1 ..i.oMior an oritriniil iillowance or ii road opoticd hy tin- i«<iutrf(l for 
 
 Uuuter ScNsioMH or any municipal council, or ollH'rwis«',,^,e„,;,te. 
 
 iL'illv establislicd, wlicn'hy any perHon will ho excluded 
 
 from iii'Moss and cgres.s to and from his lands oi- place of re 'TotUo. 
 
 gidmf over such road, (,*'^ nides.s the council, in a<hlition to 
 Icoinnnnsation, aUo provides for the use of .such per.son some 
 lotlipr convenient road or way of access to the said lands or 
 Iresi.lenco. (y) 46 V. c. ^^^^-^^^ 
 
 ix\ Till! iiower of a iminicipal council to cIohc up a hij,'liwiiy Ih sub 
 kect to curtain liinit:itiouH. ( >iio of tliCHC, undiT this section, is ii j^ainst 
 BoiiiLrHO in tiio ca80 of a road "whereby any iiuison will bo cx./ludc.l 
 bom iiiKi't-'ss ••""• ogrcsa to ami from iiis huuis or place of rcNidcnci' 
 Ursiich roail." "Tlie Legislature says in elfect, * Vou must nol. 
 top up lUiy i"''<l wliercby any person will be oxeluded from iu^'resH 
 re'Ti'ss to and from his "liinds or place of rcsideiu'e on r such roai/.' 
 ' tiien, Bueli a road be stopi)cd, moat certainly all persons nuist he 
 icluded from ingress ami egress to or from their lands on r fliaf nnul. 
 here can be no ingress or egress over a stopped-up road. Therefore, 
 presume, all persons who c(»nie into their lauds directly fiom that 
 lid or iia«a from their lauds directlj' on to that road, arc to lie pro- 
 
 wl. This would leave all persons who merely used the road as a 
 Wdiidirf, but ha<l uo lauds abutting thereon, from or to which 
 TcsH or egress would be effected, witlumt the protection of the 
 use." /Vr Hiigarty, C ■)., in Moore and h'siimsiiii/, 21 U. ( '. (". P. 
 7 '2H,5, The omission in a by-law which closes up a road to provide 
 ne other convenient road or way of access does not render it voi<l, 
 t only subjtct to be (juashed ujjou application to the court within 
 tear. Vamknn' v. I'^ad Ox/only 3 A. K. \'M. If a council closes 
 iaroail, no other way being provided, the by-law may at once be 
 wed against. An applicant affected is not bound to wait until the 
 1 is actually closed before ccmiing to the court. Ii< iMplaiiti and 
 rhoroiKjh, iiO. U. (!34. The onus of shewing that another con- 
 Went road is open is upon the corporation. A</iuiii\'. I'Jiist Whitbji, 
 I. R. 473. The court will not, on the apjdication of a person who 
 «ly used the road as a convenience but had no lands abutting 
 on, cjuash a by-law for alleged contravention of this section. In 
 falk mid Ti/.souhurif, 211 U. C. C. P. 1«)7. See also lliwison v. 
 roke, 0. 1{. 170. 
 
 y) The etfectof the latter part of the section is to permit a council 
 86 up such a road as mentioned in the first part of the section, 
 Jed compensation be paid to the persons directly affected, and 
 Btituted road or way of access be provided. In re Ainiis ami 
 pom. 25 U. V.C. P. 133 ; In re Thurston and Verulam. lb. .^ftS. 
 iprovision applies to cases where the only means, or the only 
 '■Tiient means of access is over the road closed up, and not where 
 
 65 
 

 
 514 
 
 Width of 
 roads. 
 
 THE MUNICIPAL MANUAL. r= Ki, 
 
 [s. 044 1 
 
 (2) If the compensation oflfered by the council t i 
 owner of the lands, nor the road provided foi- the ' 
 lieu of the original road, as a means of egress and in^"^^"^ •" 
 not mutually agreed upon between the council and th^'^^*''*! 
 or owners, (as the case may be), then in such ca °*tTI 
 matters in dispute shall be referred to arbitration n f 
 provisions of this Act respecting arbitration (^\ io v' 
 
 H. S. 
 
 15. 
 
 Width of Roads. 
 
 545. No council shall lay out any road or street 
 than one hundred nor less than sixty-six feet in widtli " 
 where an existing road or street is widened, or unlesr u 
 the permission of the council of the county in wlii i i 
 municipality is situate ; but any road wlien altered, Jii'u 
 of the same width as formerly, and no highway or stj 
 shall be laid out by any owner of land of a less width tlT 
 sixty-six feet, without the c6nsent of the council of 
 municipality. («) 46 V. c. 18, s. 1:45. 
 
 there is anot^^i- existing though less conv mient way of access 
 MiArthur and Sottthirold, 3 A. R. 295. It is not a condition tria 
 deut, that compensation shonlclbe provided for in the by-law cl 
 up the road. //>. See also Re Vanhon and the CorporaJim J 
 Hawkexhuri/, 30 IJ. C. C. P. 194. In Indiana it has been hel] tlj 
 mnnicipal corporation cannot close uj) a street without the coiJ 
 of the landowners whose land abuts thereon, or coinpensatiin' flu 
 for the damage. See HaijneH v. Thomas, 7 Ind. 38 ; /u&mm'I 
 Croa.1, Ih. 9 ; Tate v. Ohio and MisHisxlp/n It If. (\^ /(,^ ^j^ ^ 
 
 (:) See sec. 385 ef tuq. 
 
 {n) The object of this section is to make all highways at leastsin 
 six feet, or one chain, in width. A maximum width of oudiui 
 feet is also given. The consent of the county couneil 11101143 
 dition precedent to the laying out of thy road of a greater orl 
 width than that specified, is not a condition precedent to the i 
 of the by-law. Be Odroin v. Sidney, 15 0. R. 43. A bylawoi 
 ing a new load should on the face of it shew the width of tlien 
 In re Smith and Na/jhemia, 8 U. C. Q. B. 22'2, and should, it m 
 when it authorizes a road through a man's land, shewwhereiteij 
 and what course it takes. Dennm v. Hii<jhe>i, Ih. 444. A bylii 
 establish a road must on its face shew the boundaries of the rojj 
 refer to some document wherein they are defined. The intentiij 
 the framers of the by daw cannot be ascertained by extrinsic eriJi 
 St. Vincent v. Greenfield, 12 O. K. 297. See also In n Bnm 
 York, 8 U. C. Q. B." 596 ; Mclnti/re v. Bomn(,uH, 11 U.C.Q,r| 
 The same strictness does not of course apply to a bydawck 
 an old road. Finh'r v. Vaughan, 10 U. C. <l B. 492, Wkid 
 road was not sufficiently described, but it appeared that on 
 grouad it was delUied by fences on each side, and had beeu trai 
 
s. .546.] 
 
 NOTICES OF BY-LAWS AFFECTING KOADS. 
 
 Notices of By-lmos affecting Public Roads. 
 
 515 
 
 altering; 
 ance 
 
 by-law for stopping Ul), Conditions 
 •^ ••111 precedent to 
 
 any original allow- passing by- 
 forroad'(i)'or for establishing, opening, stopping up, ^»^» |»^JJ<1- 
 
 public roads. 
 
 646 No council shall pass a by-L 
 'tPiin^ v'idening, diverting or selling 
 
 TTUit vears, the Court refused to quasli the by-law. Ilodr/son 
 trifecS Ontario, 13 U. 0. Q. B. 268. The public are p,. 
 i!;/piititled to the use of the entire width as a highway. See nc 
 
 I facii' entitled 
 to sec. 531. 
 
 {!>) 
 
 son V. 
 
 ima 
 
 notes 
 
 nas 
 
 Vnn user of a highway is not enough to destroy its character 
 , , , hiiay. Badffey v. Beudrr, 3 U. C. Q. B. O. S. 221. Nash 
 Glonr, 24 Grant 219. The common law mode of closing a high- 
 way was' by writ ad quod damnum. Rex. v. Ward, Cro. Car. 266 
 This I'otli iu England iind here has fallen into disuse because of lest- 
 I , give and more convenient procedure enacted by statutes. 
 IStatutos authorizing an interference with the right-, of the public 
 over hif'hways are strictly construed. Ih. The conditions hers 
 ttention'ed are precedent to tlie validity of the by-law. In re Nichol 
 Z,d Alnu-kk; 41 U. C. Q. B. 577. The declaration as here that no 
 Muncil shall' pass a by-law until, &c., enables the council to pass the 
 (by-law subject to the conditions imposed. The powers here infer- 
 ientially conferred are directly conf-'n-i'd by sec. 550, sul>-s. 1. It 
 IS at one time supposed tliat a municipal council could not, in 
 V case legally close up or vacate a road, except tor the purpose and 
 ith the view of sul>stituting some other line of road in its place. 
 Welch V Xash, 8 East. 394 ; I)e Pouthitn v. Pniniifathtr, 5 Taunt. 
 ; Wrhjht V. Frant, 4 B. & S. 118 ; /?e;/. v. .S7//.'e.v, 1 Q. B. 919 ; 
 V. PiiiUipfi, L. H. 1 Q. B. 648. But the Court, in Johnxton v. 
 fefsor 10 U. C. Q. B. 101, refused to give effect to such a construc- 
 Jon, saying, " Here was a road, first allowed at an early period as a 
 Eere acconvnodation to the immediate neighbours for enabling them 
 )n,iss tliiough private property by a short road from one concession 
 ) another, instead of going round by the nearest public allowance, 
 here the ground might have been wet or unfavourable. It may be 
 iry reasonable afterwards, when the township l)ecomes cleared and 
 pulous, an ' roads can be made more easily, to relieve the proprietor 
 
 through 
 
 M04;8ee 
 
 21U. C. 
 
 iP. '277. This is supposing the owners of the land abutting thereon 
 
 »be willing that the road should be so closed. But if the effect of 
 
 ling the road will be to prevent such owners from ingress and 
 
 «9S to and fiom their lands or places of residence over the road, 
 
 same cannot be closed without compensation to them, and some 
 
 )ier road or way of access as a substitute! Sec. 544. Subject to 
 
 1 and other statutory restrictions, tlie municipal corporation has 
 
 I power to close up highways within the municipality. See Grai/ 
 
 \hwa Land Co.. 26 Iowa 387 : Kimball v. Kenosha, 4 Wis. 321 ; 
 
 kr\ Road, 28 Pa. St. 109; Co^nmissioners ,\' . Gas Co., 12 Pa. St. 
 
 I; Jmey City v. State, 1 Vroom (N. J.) 521 ; Trenton h'ailroaii 
 
 eWhart. (U. S.) 25; Bailey v. Philadelphia, ibc, B. W. Co., 
 
 larring. (Del.) 389; Hinchmnn v. Detroit, 9 Mich. 103. As to 
 
510 
 
 THE MUNICIPAL MANUAL. 
 
 altering, widening, diverting or 
 way, road, street, or lane ; (c) 
 
 •elling any othe: 
 
 b- 545.1 
 
 n>"MichiJ 
 
 closing up square, park, &c., see AUomey-Gtneral v T 
 Grant 436 ; and as to closing up a highway so as to make 11'"^"' 
 sac, see Mayor, <(;c., of Montreal v. JJrummond, 1 Ann ,,'"''' 
 See also note/ to sec. 504. It has been held that a municii 1 ^ 
 ation. under power "to locate and establish streets afl i?*l 
 and vacate the same, " had power to shut up or vacate 
 
 hen exercised with a due rJ^^f^ 
 
 and that such a power, when 
 
 ff gard 1 
 
 individual rights, is not to be restrained at the instauc ° T " 
 perty owners claiming that the streets be for ever kent^ ^ 
 dedicated to the public. Gray v. Iowa Land Co., 26 lo ^'^Ih 
 distinguished from Warren v. Lyons, 22 Iowa 351.' If ^^' ' 
 disposition were made of the stopped-up road, the soil aiidT ? 
 would be and become the soil and freehold of the owner of th 
 relieved of the easement in favour of the public, liarclmiv iji 
 Lessee, 6 Pet. (U. S.) 498, 51.3 ; Ha^-ris v. Elliott, 10 Pet i,'"^ 
 The conveying away the land to another, where the corporat' i 
 authority to do so, is a distinct matter altogether, and uotn 
 to the extinction of the public right of way. Johnxonx /^/^ 
 U. C. Q. B. 101. Counties have, in certain cases, power to t*^ 
 highways and convey the right of way. Sec. 566 ; and towush'iMl 
 certain cases, subject to the confirmation of the county couucil W 
 567, subs. 2. ' *" 
 
 (c) It ought to be observed that notice is requisite, not oujv befj 
 a couucil shall pass a by-law for "stopping up, altering, widejij 
 diverting, or selling any original allowance," Init " for estalilisM 
 o/>tn'"H.7, stopping up, altering, widening, diverting, or selling any oti 
 public highway, road, street, or lane." Under the > '.J Acts itiJ 
 held that no notice was necessary before passing a by-law to onei 
 new road ; the clause then in force only applying to by-laws i 
 stopping up, altering, widening or diverting a road," &c. BmM 
 Jliu/hes, 8 U. C. Q. B. 444. It was at one time conteutled tl 
 municipal councils had oidy authority to change the (lirectioil 
 existing roads, and to widen or otherwise alter them, not tomaki 
 roads ; but it is now settled that such councils have power to l_ 
 new roads through any person's lands, not merely as substitutes! 
 other roads running near and between the same points, buttoaffJ 
 a passage from one point to another where there has l)een no i 
 before, /b. It seems that a road is not made, &c., whenabyS 
 authorizing the making of it is passed, but only that it is aiithorl 
 to be made, &o., by the proper officer acting in a reasonable Diai 
 If). As to stopping up, &c., it is not necessary for the council t 
 more than close or abolish the highway by their enactment, 
 are not retjuired to fence it in, or to place any physical obstnictiBl 
 the way of persons passing. They only put an end to the rigll 
 using it, and consequently to all obligation on the part of any [flf 
 to respect it as a highway. Johnson v. Ketsor, 10 U . (,', Q. B, j 
 A by -lav; closing a road across a lot where there was more thanj 
 road was held void for uncertainty in not shewing which i 
 meant. Wannamakerv.Grecn, lOO. K. 457. Astreetouaregist 
 plan was, under li. S. O. 1877, c. Ill, s. 84 (now Rev. Stitcl 
 8. 86), closed by an order of the County Judge, after hearing nnm 
 
.5461.1 
 
 NOTICES OF BY-LAWS AFFECTING ROADS. 
 
 517 
 
 1 Until written or printed notices of the intended by-law NoMo. to b 
 
 b eii posted up one month previously in six ot tlie most 
 *^^ ^ ^gy Jh the immediate neighbourhood of .such ori^nal 
 U vaiice for road, street, or other highway, road, street, or 
 
 l;{<i) _.. : __ 
 
 including the defendant municipality. A by-law having been 
 "^'subsequently declaring open the street ao closed, the by-law 
 
 \^,i as havinf been passed in disregard and contempt of the 
 •l^^'SSrfl^Wo". 7 0. R. 192; 1.3 A. R. 104. 
 
 der, 
 
 See (ifdham v. 
 )n which the 
 
 h) Notices in the English language are in ended S( 
 fei llAm 401. The notice should state the day ( 
 
 il intenil to consider the by-law, and it would seem that the fact 
 
 Ru* WrnT havinf knowledge aliunde is not an answer to an appii- 
 
 I to (luash a bf law. Re Birdmll and Asphodel, 45 U. C. Q. B. 
 
 The Court, on an application to quash ;i by-law, will assume 
 
 J the council have acted regularly in their preliminary proceedings 
 
 Ithe contrary be shewn. In re Lafferty and WenVworth and Walton, 
 
 B C B. 232 ; Fisher v. Vawjhan, 10 U. C. Q. li. 492. It would 
 
 tell however,' that the corporation should in every case preserve 
 
 [ qI regular notices by atfidavit of the person employed to put 
 
 1 ut). °P<ir Kobinson, C. J. In re Laffurfij ami Wciifworth and 
 
 ,, J. 0. Q. B. 235. The provisions as to the posting of the 
 
 Tes are conditions precedent to the right of the council to pass the 
 
 w. Wanmmahrr v. C'reen, 10 0. R. 457. Where applicant. 
 
 ickiu" il by-law, ventured to go no further than tile an affidavit of 
 
 ■8innvho said he had no recollection of seeing any notice, without 
 
 rtiiii'his belief that due notice had not been given, or taking any 
 
 js whatever to ascertain whether or not the notices were put up. 
 
 [Coiirt refused to interfere. Finhc.r v. Vawjhan, 10 U. (,'. Q. B. 492. 
 
 fhere applicant did not positively negative any notices having 
 
 iput up, the Court refused to interfere, although the municipal 
 
 icil (lid not prove that six notices were put up. Parker v. Piffs- 
 
 laiid Horn. Idand, 8 U. C. C. V. 517. See also /// re Hahur and 
 
 lerf, 31 U. C. Q. B. 386. Where the notice described the road 
 
 Glided to cross not only the four lots mentioned in tiie by-law, 
 
 MJso the iive others next west of them, it was held that the 
 
 oce was not fatal. Re Ostrom v. Sidary, 15 (). R. 43. It is 
 
 ■necessary that such notices should be fi'amed with such parti- 
 
 ptv as to require recourse to bo had to a lawyer before framing 
 
 See Rfij. v. Powell, L. R. 8 Q. B. 403. To a decdaration 
 
 m% iptare clausum freijit, the defendant filed several pleas, 
 
 »iug the trespass as done by him as servant of the municipal 
 
 |lof the united counties of Wentworth and Halton, and by 
 
 ommand, in pursuance of a by-law passed on the Slst January. 
 
 [in accordance with the provisions and requirements of the 
 
 jipal Act of 1849, which came into force on 1st January, 1850. 
 
 ton demurrer, that it was a valid objection to the several i)leas, 
 
 \vj did not shew a calendar month's notice given previous to the 
 
 [ of the by-law ; that on the contrary they imported on the face 
 
 1 that it could not have been given, because the by-law was 
 
 I within a month after the Municipal Act of 1849, came into 
 
 don, Laffertif v. Stock, 3 U. C. C. P. I. A notice given on 
 

 Si 
 
 
 I i! 
 
 618 
 
 And pub- 
 lished in a 
 newspaper. 
 
 Parties pre- 
 judicially af- 
 fected to be 
 beard. 
 
 Clerk to give 
 the notices 
 on payment 
 of expenses. 
 
 TilE MUNICIPAL MANUAL. 
 
 2. And published weekly for at least four siiccessiv 
 in some newspaper (if there be any) published in th ^ 
 pality ; or if there be no such newspaper, then in ^''"^' 
 paper published in some neighbouring municipalitv • '^T' 
 either case, in the county town, if any such there be- / '' 
 
 3. Nor until the council has lieard, in person or h 
 sel or solicitor, any one whose land might be preiu r "i 
 affected thereby, and who petitions to be so heard • if\ 
 
 4. And the clerk shall give sucli notices, at the request 
 the ai>plicant for the by-law, upon payment of the reasonatlJ 
 
 expenses attendant on such notices, (y) 46 y. c. 18 
 
 the 28tli March for the 28th of April is bad. lie Laplank un(fp~l 
 horouijh, 5 O. R. 634. *-'' 
 
 (e) It will be observed that the statute does not fix any numL 
 insertions of the by-law in a newspaper, but the publication I 
 for a Hvt'd period, viz., "at least four successive weeks'" If h 
 
 fore, the final publication be on a Saturday, that week 
 
 If, therJ 
 
 on the following Friday, and so for each successive week l^^S 
 first published on Thursday, the 12th January, for Tuesdav th '1 
 February, was held not to be a publication tor " four come 'fa' I 
 weeks." In re Coe and Pkkervinj, 24 U. C. Q. B. 439 • o^p ■xUif 
 MUes and Richmond, 28 U. C. Q. B. 333. ' "'"'' 
 
 (/) Where applicant, being aware of the day of the passini-oftli 
 by-law, gave notice that he intended opposing the same but took 
 further steps in opposition until making an application to the Coin 
 to quash the by-law, his rule was discharged. Parktr v. Piu4m 
 and Iloifc hlund, 8 U. C. C. P. 517. Where the person intenZ 
 to oppose a by-law to open a road appeared before tlie council ^ 
 took only general grounds of opposition, the Court afterwards wy 
 he applied to cpiasli the Ijy-law on grounds more specific, decliedi 
 interfere. In re. Scarlett and York, 14 U. C. C. P. 161. See J 
 Re Vashon and East Hawkesbiiri/, 30 U. C. C. P. 194. Before navb 
 for land, required for the purposes of a highway, investigation std 
 be made into the title. A mortgagee was held entitled to com] 
 payment of the compensation, although the township council ki 
 previously, in ignorance of the mortgage paid the amount toi 
 attaciiing creditor of the mortgagor. Ihmlop v. Ywh, 16 Grant'ill 
 see further Cameron v. JVUjle, 24 (rrant 8. 
 
 (r/) 1 he right of the clerk is to exact 'the reasonable i^xpem 
 attendant on such notices." The nmnicipality has no right td tin 
 the expense of opening an ordinary load on the petitioners, ia/d 
 V, Stock, 3 U. C. C. P. 1 ; but a by-law directing the occupants o 
 original allowance for road to open the same at their own exp 
 held not to be illegal. In re McMichael and Townsend, 33 U, C. ( 
 B. 158. Where it is the clear duty of a municipal council to nialiel 
 roa«l, the Court may grant a mandamus to compel tiit perioiiuai 
 of that duty. In re Auguxta and Leeds ami Gri'Hinlk, 12 U. C',(j| 
 522 ; In re the Townshipa of Moulton and Canbwomjh aiul Ik Cm 
 
\i. 546 -t^B 'li' (2).] NOTICES OF BY-LAWS AFFECTING ROADS. 
 
 519 
 
 ccessive weekt 
 in the mnnicH 
 BB in a newj 
 pality; andiij 
 lere be ; (e) 
 
 ion ov by coJ 
 )e prejudicialljl 
 leard ; (/) 
 
 t the request t 
 f the reasonalli 
 V. c. 18, 8. o«J 
 
 laplank and PeiJ 
 
 1 fix any numWol 
 publication weeki 
 ft-eeks." If.therJ 
 week would expJ 
 i-e week. A noticl 
 ~jV Tuesday, the itL 
 " four consM\iti(| 
 . 439; see also /i!ii 
 
 of the passing oft 
 ,e same, but tooki 
 ication to the Con 
 *arhr v. PiUiiiiirj 
 le person iutendij 
 )re the council, u 
 irt afterwards, win 
 specific, declined! 
 V. 161. See i 
 194. Before paji 
 investi^atioDsllOll| 
 entitled to m^ 
 Dwnship councill 
 I the amount to I 
 yor/t, 16 Grant '2!* 
 
 reasonable fxpeoi 
 has no right to tto 
 jpetitioucra. La/d 
 Ig the occupants oil 
 It their own expeiJ 
 iHcnsewl, 33 U, CI 
 [pal council to makej 
 lupel the perioraail 
 lj(.m/ie,12U.C.(i] 
 
 rowjh ami th (M 
 
 '. In case the council of a township or an incorporated P'^°;^«i«n^ 
 •11 and nroi)ei'ty owners interested in lands required to be settled by 
 possession of, for establishing a public road, mutually '^«"*'»""'*- 
 
 s to the recompense or price of such lands, the council 
 
 cce 
 
 J the publication of any by-lawin the manner requircnl by 
 
 ccept a deed or deeds for the same, which shall be 
 
 rered as provided by section 547 ot this Act, and in such 
 *^^jl,g publication of any by-lawin the manner requircnl I " 
 Bisection 2 shall be dispensed with. 50 V. c. 29, s. 37. 
 
 Registration of Rocul By-latvs. 
 un l\\ Every by-law passed since the 29th day of By laws un- 
 
 54(-'\V ^"^J^ i!, i u J u • • i<ler which 
 
 fch 1873, or hereafter to be passed by any municipal roHds arc 
 uucil under the authority of which any street, road or high- «P';»«^ on^_ 
 V has been or is opened upon any private property, shall, party to be 
 iore the same becomes effectual in law, (A) be duly regis- ''^''*'"*^- 
 ted in tlie registry office of the registry division in which 
 
 land is situate ; and for the purpose of registration a 
 Iplicate original of the by-law shall be made out, certified 
 Ider the hand of the clerk and the seal of the municipality, 
 
 shall be registered without any further proof, {i) 
 1(2) Every by-law passed before the said day, and every As to by-laws 
 der and resolution of the Quarter or General Sessions loth March? 
 
 ised before said day, under the autlioiity of which any i^''^- 
 
 €t road, or highway has already been opened upon any 
 Ivate property, may at the election of any party interested, 
 Mat the cost and charges of such party or municipality, 
 [also duly registered, {k) upon the production to the regis- 
 
 mdilmand, 12 A. R. 50.3. The council, in opening a road, must 
 Tby by-law. Reij. v. Itankin, 16 U. C. Q. R. .304. 
 
 |i) It is esssential to the validity of a by-law under the authority 
 (rhich a street, road or highway shall bo opened througli private 
 berty, that the by-law be registered as required by this section. 
 I section has is not a retrospective effect. Beverid(je v. Creelman, 
 
 . C. Q. B. 29. 
 
 I It is only a duplicate original of the by-law that can be regis- 
 
 d, and such duplicate original must be certified under the hand 
 Ike clerk and seal of the municipality if so certified, it may be 
 
 fttred without further proof. If not so certified, it is apprehended 
 
 tgistrar may reject it. 
 
 I In the case of sti-eets, &c. , opened after the 29fch of March, 1873, 
 iiection is imperative. In the case of streets, &c., opened before 
 Idate, the duty is optional. See Beveridye v. Crcdman, 42 U. C'. 
 1, 29. The option may be exercised by any party interested. If 
 ijised, it is to be at the cost and charges " of such party or the 
 idcipality." 
 

 
 520 
 
 THE MUNICIPAL MANUAL. U ji. 
 
 trar of adiily certified copy of the by-law under th \> 
 of the clerk of the nmnicipality and the seal of the m ' ' 
 pality, {I) or by a duly certified copy of such order," 
 resolution of the Quarter or General Sessions ' '^' 
 under the hand of the clerk of the peace as tjip^'^'' 
 may be. (m) 46 V. c. 18, s. 547. See also Rev. Stall m ' 
 s. 75. ' '*'' 
 
 Disputes Respecting Roads. — Administratiim of Oat} 
 
 S/te^ "'■ 548. In case of dispute, in any uiuuicipality coi.cernij 
 
 oathHin cer- roads, allowances tor roads, siae hues, boundaiies or con I 
 
 tain cases, gj^jj^^ within the cognizance of and in the course of invest I 
 
 gation before a municipal council, the head of thecouni 
 
 may administer an oath or affirmation to any party or witn ■ I 
 
 examined ni)on the matters in dispute. (?*) 46 V. c. 18 s m 
 
 Mistakes in Openiwj Road Allovnnces. 
 
 549— (I) In ca.se any municipality in wlicse juris^lictw 
 an original road, or allowance for road irs situate, shall owJ 
 that which they take and believe to be the true site of M 
 same, and in case the munici]iality, their officers and servants 
 shall act in good faith, and shall take all reasoiial)!^ meam 
 to inform themselves of the correctnessof their line ;iinl work 
 and in case it appears that the road being opened, Klt!ioi;j| 
 not or not altogether upon the true line of the oriijinaj id 
 or allowance for I'Oad, is nevertheless, from any difficultt i 
 discovering correctly the true line, as near to, or as neari 
 upon, the true line as under the circmnstauces could theii i 
 ascertained, no action shall be brought by any person a"aiiiJ 
 the municipality, their officers or servants, for or in vm 
 of the opening of such road, or allowance for road, orforaa| 
 other act or matter whatsoever connected with or arisin" fe 
 the same, (o) 
 
 Muniuipality 
 and offlcers 
 thereof pro- 
 tected from 
 actions aris- 
 ing frem 
 mistskes in 
 openinf/croHd 
 allowances. 
 
 (/) See note e to sec. 332. 
 
 (m) In tlie case of a certified copy of an order or resolution ol ll 
 Quarter Sessions, no seal is made necessary, if given under t 
 hands of the Clerk of the Peace, no more will be required for ] 
 poses of registration. 
 
 (m) It is not intended to give municipal councils jurisdiction j 
 fry and determine disputed boundaries, &c., but only to institutes 
 an investigation respecting such roads or lines, &c., as is matej 
 to the exercise of the jurisdiction which the councils posse 
 section is founded on s. 126 of 12 Vict. c. 81. 
 
 (o) This provision applies only where the council have in j 
 
[«• 54T (2), 
 
 ider the hand 
 »f the munic'i. ' 
 uch order or 
 jssions, gmiij 
 I as the easel 
 iv. Stat. c. lU 
 
 550 1.] 
 
 OPENING OR STOPPING UP ROADS. 
 
 on 
 
 of Oath. 
 
 Uty concevninfl 
 avies or conces-1 
 )urse of iiivejtil 
 . of the council! 
 party or witnesl 
 )V.c. 18,s.54j.| 
 
 jancen. 
 
 hose jurisilic 
 tuate, shall opeij 
 true site oi 
 cers ami servants 
 reasonahle meaai 
 eir line and m\\ 
 opened, Kltlio\;»lj 
 th(^ orifjiniil mil 
 any (l 
 to, or as noarljj 
 ices could then I 
 lany person agaiiil 
 for or in resp 
 'or road, or for aij 
 ith or arising^ 
 
 521 
 
 Municipality 
 make com- 
 pensation. 
 
 |r or resolution oi 
 
 If ,^!it»ii niulcr 
 
 ,v rf|,e municipality shall, however, in any case respecting" 
 
 in" of an original road, or road allowance make to pe 
 
 the '^^^°^f^^{n<f title to or interest in the same, reasonable 
 
 *"'^ ^'^' iriou in t^iU of all claims, and as a final settlement 
 
 •"^'"•"^" ' jg , Provided the claims for such compensation shall Proviso. 
 
 t ule within one year from tlie time of the laying out or 
 
 y,f possession of such i-oad by the municipality or its 
 
 ^j I!" oi' t'"^ l'''^^'*' t'''^'"^^^ "^ respect of which com|)ensation 
 
 • T ■•^'led and in the event of the ))urties not agreeing as to 
 
 P'l '",'^" mi't'o;- terms of such compensation, the same shall be 
 
 •t'liiied and tlie payment thereof enforced, under the pro- 
 
 IvSis of this Act relating to arbitrations, (p). 46 V. c. 18, 
 
 vll— I'owKKS or Counties, Townships, Cities, Towns, 
 
 '^SU LVCORI'OKATRD VILLAGES IN RkLATION TO KOADS AND 
 
 Bkidges. 
 
 ammlPomrs, '^f ^5^ (/';)• 
 .j^cthuj Tolls. Sec. 5oO (3-5). 
 II Timber, Stone, etc. on Koad AUoivances. Sec. 
 
 550 (G). 
 if Privi/ec/es to Road or Bridge Ccmpcmies. Sec. 
 
 m (7). 
 .1 Procurlnq Materials for Constructing or Repair- 
 
 hiij Roads. A'cc.".550 (8). 
 '■• Road Allowances. Nee. .5.')0 (9), .')r)l-.553. 
 '• Aid to Adjoining Municipalities in Making Roads 
 
 or Bridi/es. Sec. 554-. 
 
 Ir'iO Tlie council of every county, township, citv, town, and nv-Jaws may 
 
 jyuv- ' ... ■ 1.1 „,„ ' I'c made for 
 
 orporated village may pass by-laws — 
 General Powers. 
 
 |1. For opening, making, itreserving, improving, repairing, <M'«-i.' s or 
 keuiiu', alterini,', diverting, or stopping up roads, streets, i"o"!il""fc."'' 
 
 [I „i .^^rtavL'S, alleys, lanes, bridges, or other public coimnunications 
 
 If given ""li'^'^^Kjii ^1,0 im-isdiotion of the council, (a) and for entering 
 
 be required tor p^^T ' ■^ ° 
 
 juncils jurisdiction I 
 J only to institutesi 
 
 [a, &c., as » ^^ 
 (ounciU posses. 
 
 Icouncil have in j 
 
 iiiteiiiled to open a road allowance, but by mistake have not 
 I so on the true line. Bcemer v. (Jrhnsby, H 0. R. 98. 
 
 P) See see. .SSo et seq. 
 
 f) It is liy section ,'^46 enacted that ?to conned shall pass a by-law 
 
 GG 
 
 If 
 
 
 I!^H:HIpiI I'^l 
 
 ; li! ■ 
 

 <,l]>$ i< 
 
 \ 
 
 i t' villi Jut /1M » 
 
 )1' f. 
 
 
 
 nf 
 
 522 
 
 THE MUNICIPAL MANUAL. 
 
 [s,5oO, 
 
 upon, breaking up, taking or using any land in any \ 
 
 for stopping up, altering, widening, diverting, or Hclliiur ■^^^,, . 
 allowance for road, or for establishing, opening, stoppiui, !,,,?!' 
 
 '>rig:cj| 
 
 widening, diverting, or selling any o</tcrpnMic lughuay, n!a,i ."" ^' 
 
 118 ; lie,,. V. r/dlllp.^, L. R. 1 Q. B. 648. AluniciiialconiiiJ^j j 
 empowered not only to chnnge the direetion of existiiiL' mads I J 
 open new roads, see note c to j3cc. 540 ; and, subject toco'it ■' T 
 tations, empowered to stop up existing roads Mithout suld'tl" 
 new roads, see note 6 to sec. 546; and are obliged, uiidoi jl '■'' 
 civil and criminal, to keep all existing roads in repair see V'oil 
 A municipal corporation laying out a square or jmrk on hi i J 
 quired by them untrammelled by any trust as to their dispdjl | 
 deal with them In any manner authorized by this auetinn ■It'i 
 where no jirivate rights have been acquired incoiiseqiiLnce- iintl 
 dedicated by the owner for a special puriuise cannot besodeait ^ 
 that case being provided for by sec. 504, sul)-s. 8. /iV Peck ami ikci 
 poration oj Onlf, 46 U. C. Q. 13. 211. A nuuiicipal corporatifin c' 
 not validly bind itself to make a by-law for tlie oiioiiinir of , ,, 
 Brnnef v. Cole. St. Louis, M. L. K. 1 Q. B. 103. It is discreS 
 with and not obligatory upon a nuiuicipal council to open a rd 
 allowance, and the fact that a by-law has been ]iassed, im, 
 create such an oliligation. Jh Wildoii. and Wuintlett, 10 p p 
 Where a by-law was passed to open a free road sojelv to mj 
 the public to avoid travelling upon a toll road aiul thus w 
 payment of toll, the free road not being otherwise remiired lor J 
 public oonvenieuce, it was held that the by-law could not be .supnortd 
 In re Carpenter and liarton, 15 O. R. 55. It seems doubtfuhviietj 
 power is given to any municipal body to close a section of a i 
 running throngli more than one municipality. See Hnnion y pJ 
 bake, 6 0. 11. 170, 
 
 The statute 12 Vict. c. 81, s. 60, empowered municipal corp, 
 ations to pass by-laws not only for opening, m.'iking, pitseria 
 improving, repairing, widening, altering, and diverting stneti,! 
 for ItreUiiuj, rainv<i, and /oirerin;/ them, and omitted inaiiv m 
 to provide for payment of compensation to persons whuRe'laiuli 
 injuriously affected by the exercise of these powers ; and so ii< 
 held that such persons could not at law maintain actions lori 
 ages arising to their property from a change of level in i 
 streets. Croft v. I*ettrhoron(fh, 5 U. ('. C V. 35 ; Ikid v, HunM 
 lb. 269 ; He,,, v. Perth, 14 U. C. Q. B. 156. See further, Lm]\ 
 Toronto, 39 U. C. Q. B. 343 ; Bisne/f v. Cillins, 15 Am, 211; C'd 
 Dixon V. Baker, 16 An.. 591, note 593; Mitchel/ v. MaprojEii 
 15 Am. 609; City of Quincy v. ./ones, 20 Am. 2-13; Traiujioiiaikl 
 V. Chicago, 99 U. iS. 635. No audi words are used in this sectif 
 See, however, sec. 554 and sec. 567, aub-s. 1. Macniilay, CJJ 
 Croft V. Peterhoronyh, 5 U. C. C. 1*. 45, said, "I am at (jresentj 
 posed to think it within the general and incidental pofferecij 
 defendants to maintam, repair and improve the publiintrettsoij 
 town placed under their charge, and '"n doing so to raise or lowerl 
 
'50 ll OPENING OR STOPPING UP ROADS. 
 
 or convenient for the said purposes, subject to the 
 
 V be found necessary, judicious or convenient for the puMic use, 
 
 [""mceecling what is reasonably requisite and proper, and doing no 
 
 " . esiiarv injury to the property of otliers, l)ut using due care and 
 
 "'.'"Mitiou to avoid injury to the same. But if the work cannot be 
 
 r"tifieilo" such grounds, then, in the absence of uuy by-law, I think 
 
 ir (lefemlants would be responsible to the injured parties." Again 
 
 11 vs " Whatever is cast upon the defendants as cxec.ufhc duties. 
 
 523 
 
 mdv. Hamilton, 5 U. C. C. P. 287, he said, "My present impression 
 
 that whenever the acts to be done by the municipality will invade 
 ffivate rights, vhkh may he ho invadtd /e(/ally througli the medium 
 [ bylaws, and for which if not legalized by the statutes creating or 
 lie powers conferred upon the corporation, tlie party injured may 
 Jiitain an action against the wrong-doer, a by-law is essential to 
 liable the municipality to justify the act, unless it can be shewn to 
 (a repair of a highway," &c. .See also Pratt v. Stratford, 14 0. R. 
 The council of a city, town or incorporated village has power 
 )pass by-laws for ascertaining and compelling ownens, tcniuits, and 
 ppauts to furnish the council with the levels of their cellars, such 
 ^els to be with reference to a line fixed by the by-laws, sec. 496, 
 ■bii. 32; ahl before commencing the erection of any building, to 
 raosit a ground plan of the building, with the levels of tlie ccdlara and 
 jgemeiits thereof, Ih. sub-s. 33." But no power now exists in express 
 ims to change the level of a street to the prejudice of owners of 
 ad abutting thereon. The general rule is, that when private rights 
 
 (interfered with for the public advantage, compensation is given. 
 .3 sec. 483, and notes thereto. In a recent case, where a person was 
 implaining of an injury to his property by reason of a change in the 
 irel of the street, Kelly, 0. B,, said, "I cannot but observe, in a 
 
 J like this, that whenever it appears that the case is one in which 
 fis plain that very serious injury may have been done to the pre- 
 ijes of the party claiming compensation, I think that \vc nmst put 
 Pberal construction upon the Acts of Parliament before us iii deter- 
 
 liiig the points raised. Unless it is perfectly clear that the Language 
 1^6 different Acts is not sufficiently ample or extensive to emljrace 
 
 I case in question, we ought to hold that a party whose property 
 
 pjuriously afi'ected, and to a very great extent by the operations 
 U public body, shall be entitled in a court of law to compensation." 
 
 :\. St. Luk's, L. R. 7 Q. B. 148-153. vSee" further ///V/r/ v. London, 
 
 13 E(]. 370 ; but see also Ferrars v. Vo^nmis^ioncrs oi /jtinis, L. R. 
 
 , 2'27 ; Baker n. Vestry of Maryhbone, 24 W. 11. 848. This is in 
 
 Wdance with the decisions of our courts in seA'oral c.ises, where 
 
 icomplaint was that the plaintiff's land was flooded by mui.icipal 
 orations, in their efforts to drain, and so ktop in re]'>air, vuiblic 
 
 ttwuys vested in them. Brown v. Sarnia, 11 U. C Q. B. 87 , 
 
 ill" V. Chinijuacon.vj. 25 U. C. Q. B. 61 ; If owe v. Rochi.'^ter, 2!) IJ. 
 
 B. 590 ; Stonchouse v. Enniskillen, 32 U. (^ Q. B. P6'i ; itciJIar- 
 
 [y. :itmthroii, 10 A. R. 631 ; Jfiowe v. Roch-^Mer, ?2 l". C. C, P. 
 In the last mentioned case, llagarty, C. J., said, '•JS'o power 
 

 
 
 
 i';t' 
 
 524 
 
 THE MUNICIPAL MANUAL. 
 
 [s. ooOi Hi.550J.] 
 
 restrictions in this Act contained ; (b) for 
 
 sotting 
 
 apart 
 
 is conferred U|)on thcni (the corporation) to do nny su i • 
 act. No provision is made for conipeiisatinj^ any ijtirtjoi' ' '"''"^''''J* 
 this perfornuince of their statnta)»le dntius. In tin. ,1 ' '"''"^^ 
 
 'I1C(! (,| 
 
 ' 71 
 anyl 
 
 such power, it seems to us inipossiljlo to acccdu to the 
 argument. It may l)u (jnito possible tlmt tlio lU'iniKlant/i '' "" 
 right to raise or lower the level of this road, and that no •I^^V'!* 
 given to ^lersons injured or inconvenienced tiiereliy p'^I"'*^^ / '' 
 totally ditierent matter when the acts complained of an!" ''''"i 
 interference with the natural flow of tlie water, or to tlu'"""l' • l 
 of scattered waters into one course, and causiny them to f "^^"''?l 
 adjoining lands. The oucstion, however, seems not oi)eu' ,,""|"'''"'l 
 aion unless a Court of Krror interpose." Jl>, 300 As to ," *"" 
 tion for injury caused by ciianging level of streets ^^:""'1'™»J 
 to sec. 483. See also Mayor of Sf. John - " '■' ■ ■'^^•'""t«« 
 
 Digest 96 ; 
 C(u/eniler v 
 
 V. I'nft 
 K. I S. (• 
 
 iwii. 
 
 III. 
 
 tai«rJ 
 
 Tuv(ji'on v. Montreal, M. L. 
 
 Mar>ih, 1 Pick. (Mass.) 417, it was naid that tl, 
 who purchase lumse lots bordering U])on streets arc 
 to calculate the chance of sucli elevations and redii'etioii«"''''"\ 
 increasing popidation of the city may retjuire, kc. This"' 
 lieen approved in the courts of every State of the Union fxcem 
 I'lr Handul, C. J., in Donmni v. ,J((ckmiivHk, 7 Am. 2;';) I "1' 
 United States, therefore, it is generally held that a iiuinidijal " 
 ration is not responsible, unless expressly so declared by s£atiit% 
 mere consequential damages resulting from a change of 
 street where there is no negligence in the doing of the w 
 DUlon on Municipal Corporatifnis, 3rd ed., see. !)i)0 
 power be exercised in an unreaHonaldc niaiiiier, or win 
 and maliciously, the rule is different. h'oli,,i.i v (7,; ,"'' 
 111. 249; limlolph: v. Xm- Orhay :, 11 La. An. 542; /.vi'" 
 Mnmjmil, 2 Kh. 1. 154 ; Lonisri/lr v. RoUinij Mill Co.,i\>,x[^\^ iKvJ 
 416 : Dorman v. Jack^onrUlK, 13 Fla. r)38 ; 's. (,'. ' Am, 2,'.! \<,A 
 Ohio the corporation is held liable, even tlioiigh the chiinw if 1 1 
 be lawful and judiciously made. McCoinli.i v. Akron, 15 Ohjifn 
 is Oiuo 229. The corporation is to judge of the I'leuessitv fori 
 change of grade. Mary v. Iiiilia7inj>o/i><, 17 Ind. 2(17 ; nnn'ofj 
 best grade to adopt. Snyder \. Jinr.L-porf, (i Ind. 2,S7 ;' /.'.i/kV,, 
 Shrfrt'jio)-/, 13 La. An. 426; Rohf.rf-; v. tVi'irdija^ 2f) 111, '.MO.' \\\j 
 the statute gives a specific remedy for compensution, it ,il(me ani 
 properly pursued. Amlover and Mal/onl Tunijilh CoriwaiM 
 (loulil, 6 Mass. 40; Ernxtv. Kiiuklc, o Ohio St. 020; //o/vyy |/J 
 43 Me. 322 ; Coir v. Miiscafinr, 14 Iowa 2<J(). A by-hiwof acomi 
 council, appropriating a certain s^um of money "to he exiieiniejl 
 certain roads within tiie county (not delined), in sul-Ii niannerasti 
 town.'^hip ami town cmincillors may think ]iroi)er,'" liashecnheH. 
 Ill rt ('oiiiji r and. l'ftn-horoii<ih, 8 U. ('. (}. 1>. 3i!>. So .alivlawtij 
 ing the wild lands of a di.'itrict, " for the purpo.se of iiiipiwiiicil 
 roads and bridges (not defined), and li(|uidatiiig the debts oft 
 district." Doe d. MrdUl v. Lcniyfoii, 9 U. ('. Q. B. 91. 
 
 {h) It is by sec. 483 cxpres.qly provided that every council ! 
 make to the owners or occuj^iers of or other persons interested! 
 i-eal property entered upon, taken or used by the corporation in { 
 ('xercise of any of its powers, or injuriously affected by theexerciw 
 
TOLLS. 626 
 
 liiviiij? out sucli portioiiH of any sucli roads, streets, 
 I* 'iM alleys, lanes, bridges, or other eonunuuications as 
 l''."e()uncil i'>»y deoui neceHsary or expedient for the pur- 
 s' ot cuiiiageways, bouhsvards, and sidewalks, or for the 
 Coveincnt or beautifying of tlie same ; and for pre- 
 ' itiii" iitiil removing any obstruction upon any roads or 
 T\ic& within its jurisdiction, and also for permitting sub- 
 Javsforcdttle under any highway; (c) 46 V. c. 18, s. 650; 
 iV. c, 28, 8. 32. 
 
 ,, po,. establishing, opening, making, preserving, im[)rov- Kondu acroM 
 
 riiiiuiitaining, widening, enlarging, altering, diverting, oi'f;;^),';;;^' 
 
 "' i„„ up, within the limits of the municipality, any 
 
 iiiv tlirough, over, across, under, along, or upon the 
 
 Jlwav iiixl I'l'i^l'^ ^'^ '^"y railway company, and for entering 
 
 Ipoii, W<'iil^i''J,' "P' taking or using any such land in anyway 
 
 ■ps'saiy or (.'onvcuieut for the said purpose ; but subject to 
 
 , piovisionj eoiitained in T/ie Railivaif Streets (ind Brains u^.^. 
 
 It iiiul provided tiiat the highway is within the jurisdiction i"9- 
 
 the council ; 
 
 Tolls. 
 
 SUt. c. 
 
 3. For riiisiiig niouey by toll on any bridge, road or other ituiMiig 
 Ilk to defray the expense of making or " ' 
 
 ne; {d). 
 
 repairing tiie {^^'^''y ^^ 
 
 J powers, due compensation for dainagea reaulting tliercfrom. So 
 Itlie case of laud entered upon, taken or iiHed, tlicre is a ])()8itivc 
 
 itrietion, unless u[ion payment of due compensation, 'I'ho difKculty 
 
 US in cises where the injury is not direct but indirect, and such 
 I mentioned in tlie previous note. It is clear tluit no municipal 
 
 Dicil hits a le^al right to say they may trespass a little upon tlie 
 bpjrtyof a jjrivatc person, doing no unnecessary damage, unless 
 
 ts siiew that it was necessary and convenient for the jmrposes of 
 jroiul, street or other work. Cli nrrhionrdciix of St. (iion/ts Chitrrh 
 ICnii, 21 U. (j. Q. H. 26'). Unless a l)y-law were shewn, the cor- 
 
 Btion would he looked upon as trespassers ; and to answer, under 
 
 I circumstances, that they trespassed a little, doing no unneceg- 
 
 f damage, would he no answer at all. Jl>. 
 
 |e) A subway is a way or passage under a highway. Being under 
 (section, designed merely for the usa of cattle, pedestrians would 
 jihave a right to use such sub- way for ordinary travel so as to hold 
 liinuuicipal corporation responsible for accidents from non-repair. 
 
 It is a principle of law that taxes and tolls are not to be 
 
 eeil Ijy any latitude of construction given to an Act of Parlia- 
 
 The authority for them must be clear and express. Wilson 
 
 ror-s 17 U. C. Q. a. 419, 424. The amount of tolls authorized 
 
 bis sub-section appears, subject to limitation, left to the discretion 
 
 
626 
 
 THE MUNICIPAL MANUAL, 
 
 l". 5.)0 
 
 '1(^1,1 
 
 Mkkinffre- 4. por inakinff romilationM iih to pits, nrop h cpk „. 1 
 to dangoroun waters, and otiior phico.s (hiiij,'«irouH to tnivclltTs • lA 
 
 piMM. ' ^''^• 
 
 Granting T). tor grant I HR to any perscMi, m ''oTiHidoiution 0,. . 1 
 
 J,fJ|^"'"'conBi(lonitionofi)lankinK', K>''iv«'llinK. oiMiMi('U(lanii/Ji,,,,,,;j 
 or of hiiildiuiij a l)ri»l;j;<', tlio tolls tlxj'd l»y Ity-|a\v to hpl,,' 
 ou llic work t'oi* a period of not more tluiii twciify-om. • 
 after tlio work lias Ixien coniplotod, and aftcrsiioli coiiiiA' 
 has been declared by a by law of tlmeoiUK'il !nitli()iizii,i,('!|' 
 to be collected, (y*) and the grantee of tlu^ tolls HlmJl dnri 
 
 corporation wliioli ncqiiirtMl a pul)li(! road or liriiluo is li(mii,l 1 '^'^'A 
 16 Via. 0. I!»0, H. 31 (IJov. Stat. 0. ir.!>, h. «M), a.ul is i„.t ,'„till ' 
 collect toILs for merely crossing any road, or for travclliiiir t|,f,|. 
 crosaing from one tran.sveiHO road to aiiotlai', wlicn the iliit'j 
 between Hiieli transverHC road.s does not cxeeed iOO Vimlsj H/' 7 
 6'/-o*Y,s, 17 U. ('. (,). 15. 41!». And tinis altli(.iij;li a ijlu'tion' (,. tC! 
 bo a bridge, and a l)y law he jJaH.sod aiitlioriziiig thocollccti.iKjftfll 
 for tlie use of Hiich bridge. \]'i/so)i. v. MithUi.^i x^ 18 U. ('. Ij ■)!/ 
 (.*ouucils of eounties and incorporated villagiH may pass liv-Ht. 
 the aaauniption hy the village of any In-idgc witliin its Ijiint.!, ,,|„]j 
 the jurisdiction of tho county council, and for such hridi'c Lhih' 1 
 free. Sec. f)'-'?). ^ *' 
 
 (c) This sul)-Hection alioidd not liave been placeil with the tliuJ 
 relating to " tolls." Dangerous places on a highway aiilijecttli(fd 
 poration in whom the highway is vested to an notion tor (InmMifi 
 injury arising from sucii places l)eing allowed to rcniain in \\w\i\l 
 way. See note f> to sec. 531. The power to regulate such plawsl 
 therefore essential to the protection of tlie corporation, as wtllJ 
 the safety of the travelling ])ublic. The power to pass hvLiwsl 
 th6 purposes mentioned in this section is ]H'riiiissive, not obhcitol 
 WllnoK v. Mayor of Jfu/i/nx, L. R. 3 l<;x. 114: but shc 7'^wJ 
 Whiffii/, 35 U.'C. Q, P.. 195. No one in at lilierty to leave nn eij 
 vation of any kind adjoining a higiiway if it reiultr the liiglmi 
 unsafe for the use of travellers. litnitcs v. WanI, 9 t. R ,1 
 Hailby V. Taif/or, L. 11. 1 C. 1*. 53. .Se-j also ('onivnll v, iiji 
 ■politan CommixKiona'n 0/ Scurrs, 10 Ex. 771; IfarikanHe v.Soi 
 Yorhhire II. W. ami Rlrer Dun Co., 4 H. & N. 67. 
 
 {/) A grant for a term of years is authorized for a considerati 
 stated. The grant is to ))e of the tolls fixed hy l)y-law to lelevij 
 &c. The term is not to he more than twenty-one years, and the 
 sideration, or part consideration, is to he th.at of planiting.gmeli 
 or macadamizing the road, &c., or of building a bridge, Ac. ' 
 right of the lessee to sue in his own name for tolls is doul 
 Whiteside, v. IkUnhaviher, 22 U. C. C. P. 241 ; Iliwkhy v.Oili 
 nhbve, 19 Grant, 212. As to the rate of tolls, see note rf to jub-ij 
 of this section. 
 
I V^O'l UOAD AND nniimK COMI'ANIKS. 
 
 •'idof lii« rig^'t llici'oto, maintain tlio roiul or bridge 
 
 [iiiivpiiii"! (.'/) 
 
 Timln'i', Stone, etc., on Road Alloirancea. 
 
 ■ For pivscrv iii« or stilliii.ii timber, ti-ees, stone, Hand, or 
 
 ,/'l',„i liny ttllowanco or appropriation tor a public 
 
 "'l'//,) hut tliis sliull b»» subjoct to tlic' provisionH of T/ir 
 
 ^'^l ' LfclliKi Tiiiif»')' '>^' l'"'(>^i<^ Litndfi relative to («ovorn- 
 
 /,j',,)iul iillowanons and the granting of Crown timber 
 
 Cntnthi'/ Priv'df'ji"^ to Itond or lirihje Couipauii-n. 
 
 • tV re^jnlating the maimer of granting to roail or 
 ifi (•i)ini)ain''s permission to commence or proceetl with 
 ,1s or l»ntJi,'«'« within its juria.liction, and for reguhiting 
 
 ,(. milliner of iisiicrtaining ."nd declaring,' the completion of 
 
 IP work w» as to entitle such companies to levy tolls there- 
 .11,1 for regulating the manner of making the oxamina 
 
 Ills iiooessiiiy for the proper exercise of these ])ov,'ers by 
 
 L Sco note -. to sec. 535. 
 
 (/i Tlif i'ik,'lifc <>' ^ iimnicii)ul corporation to sell tliiiber growing 
 [1 itiiiiiliii" on -I' I'oul iillowatiee. so as to vest jiropcrty in tht; 
 ill the viiiilt'o was at one time (loul)teil. Corhraii v. J/is/op, 
 Ir'c C. ['. •I'i"- '•>''' «"fP'''^^^ power to sell iiu^luiles tlio power to 
 IS tlio iinMii-rtv, .'111(1 also i,'ives tlio right to recover tlio v.'ihio of 
 ifi wrdifnillv "tulccii from a road iiilowaiKJe. /iin'/iii/li v. I/ii/es, 
 W (', o" 15. 7-. ff tliei'o were no isneli provLsiou, the property in 
 ie5'Tii\viii"<>iuii'igiii''vl road allowaiiees would uiidoiihtedly l>e in the 
 Bwi) lis tlio owner of the .sod. 'i'lio leading (d)jei't of the rcsi rva- 
 of loivil allow.inces, liowever. was not to grow tinihor trees upon 
 Bu, hut that tiiey slioiild lie suhservient to the use of .settlers upon 
 iilioiiiiii" or near thereto, as well as of the general puhlic. /*er 
 kwr.C. J.?/''. 76. Sec also Hiir/iiuli v. CcnufMI, 18 U. (.!. C. P. 
 \ In the i.b.seace of legislation, the Crown has no right, without 
 "loiiscnt of the iniiiuei])ality, to sell atiuiding timber on road 
 ranees. Il'tmr v. aHi;.'^, '20 U. (J. <'. l'._ HLM) ; 21 IT. C. ('. P. 
 he section also (uiipowers the council to sue ])ersoiis for 
 cvmi'saivl or griivel from the higliway. Brock v, Toronto and 
 
 pi>.;m/ H. ir. Co., r, u. c. q. b. 372. 
 
 ■I) Hus Act declares road <allowanoes to be ungranted lands for 
 Tpiiqinse (if granting licenses to cut timber ; gives the right to the 
 
 Uniment licensee to cut the sauie ; declares that no unniicipal 
 Jaw slutll have any etfect against such a license, but eutith>3 the 
 licipaiities to a portion of the timber dues, to be expended on the 
 ■ovimeut of liigliways within the municipality. Itev. Stat. c. 
 p. 3, ft neq. These sections were passed in conaecjuence of the 
 
 non in Brnrie v. Gil!ie>i, mentioned in the last note. 
 
 527 
 
 For ftnnnT' 
 ▼ation of 
 troeii, htone, 
 etc. 
 
 Hot. fitut. 0. 
 
 •in. 
 
 OranMnK 
 prlvllr({cs to 
 road or 
 hrlijgp 00111- 
 pani«N, 
 
528 
 
 THE MUNICIPAL MANUAL. 
 
 Power to 
 take mater- 
 ials for 
 roads. 
 
 the council ; {k) 46 V. c. 18, s. 550 (2-7). See also Rev *.•, 
 c. 159. ^^•'^' 
 
 [s. 550; , 
 
 Procuring Materials for Constructing or Repair; 
 
 8. For searching for and taking such timber 
 stone, or other material or materials (within the' if ■■ 
 pality) as may be necessary for keeping in repair aiiJT'll 
 or highway within the municipality ; and, for the nun, 
 aforesaid, with the consent of the council of an adin * 
 municipality (by resolution expressed) for searching tc,.""' 
 taking gravel within the limits of such adjoining' muv 
 pality, and the right of entry upon such lands, a's vpl']'" 
 the price or damage to be paid to any person for such tin I. 
 or materials, shall, if not agreed upon by the i)arties ■ 
 
 (k) The LegK-lature has conferred upon nuuiioi])al corDontiJ 
 very extensive powers in relation to public hiyhways. \]L tk j 
 
 Perliapsj 
 
 corporations, in the first place, is devolved the duty— ami 
 may be found the option also — of constructing roads and 1 •'i J 
 throughout the several localities represented by nuuiicipal en ' J 
 Before others can legally exercise these powers, permission is m 
 from the local municipal corporation, 'i he i)owcr to I'raut n' ". 
 siion involves the power to withhold it ; and if a road 
 
 from the local municipal corporation. The i)o'wcr to irraut 
 
 - . . , , '\"*^ ^^ ^ I'oad uompaiiv wa 
 
 without sncn permission, to attempc to interfere witli the hChy 
 of the municipality, the court, upon an application made at tk * 
 per time, grounded on jji-opei materials no doubt would inteiW 
 injuuction. Atfornciz-d'entra/ tx rcl. The Ton-mluj) of Stm 
 Bytoicn and Ni/nan lioad Co., 2 Grant (I'JG. The power Is not y 
 to grant or witlihold permission to commence, but, if ('ranted i 
 make regulations for the completion of tlic work, and to niak \\ 
 examinations necessary for the proper exercise of these irowers 
 that the controlling and directing power is, as it were, vestwIiiitJ 
 municipal corporations. See note u to sub-s. 36 of sec. i% ^ 
 company formed under the Joint Stock Companies Koad Act] 
 allowed to commence any work until thirty days after the directJ 
 Iiave served a written notice upon the head of tlie munieiiialiul 
 the jurisdiction of which such road is intended to pass or W col 
 structed. Rev. Stat. c. 159, s. 12. If the council pass u byli 
 prohibiting, varying or altering any such intended line of mi tl 
 bydaw shall have the same force and eifect, and he as oblii'ai 
 upon all persons and upon the company, if the company m 
 in the construction of the road, as if the provisions thereof ni 
 part of the Act. If). But if no bydaw be passed within t 
 days after service of the notice, then the company may proceed 
 the intended road, without being liable to any interruption or ( 
 sition from any source whatever. //>. sec. 13. No such road lioi 
 ever, sliall, be constructed or pass within the limits of any cia 
 or of any incorporated town or village, except by pormissioii, ml 
 a bydaw, of the city, town, or village, passed for the purpose, 
 sec. 8. 
 
 mw 
 
SELLING ROAD ALLOWANCES. 
 
 529 
 
 ,550 9.] 
 
 , , gettled by arbitration under the provisions of this 
 
 iS; (0 
 
 1 But 110 such gravel shall be taken or removed from 
 the ])remises of any person in an adjoining munici- 
 pality until the price or damage has been agreed 
 upon between the patties or settled by arbitration. 
 48 V. 0. 39, s. 23. 
 
 Selling Road AUotvanccs. 
 
 For selling the original road allowance to the parties ^he.. the 
 fc adioinin" whose lands the same is situated, when a stop up or 
 
 lublicroad hal been opened in lieu of the original road al- ,';^};,,^X'^ 
 Lwce Jincl for the site or line of Avhich compensation has 
 jeeu paid, and for selling in like manner to the owners of 
 bv adjoining land any vr .\ legally stopped up or altered 
 it' the council ; and in case such parties respectively refuse 
 ibeconie the purchasers at such price as the council thinks 
 Bonable, then for the sale thereof to any other })erson for 
 lesaiue o'r a greater price, (m) 46 V. c. 18, s. 550 (9). 
 
 This is an exercise of eminent domain, and so is made expressly 
 ibject to the payment of compensation. See sec. 48.3, and rotes 
 
 lereto. See also sec. 335 tt seq. A corporation acting under tliis 
 isection must by tiie by-law or by the notice to the owner define 
 • (luantity of gravel recpiired and the arbitrators should, by their 
 ard fix the value of the quantity recjuircd, and also the amount 
 
 Ibe paid for the right of entry to take the same away, lie IiujersoU 
 
 Icomll, 1 0. R. 488. 
 
 W) Where a public road has been opened through private property, 
 llieiiof ;ui original allowance for road, for whicli compensation has 
 {u paid, the original allowance may be sold "to the parties nc\t 
 bimn<Mvhose lands the same is situated." The allowance may, 
 tioiii on each side the lands of dilferent parties, and it then becomes 
 uestioii Avhether the council is bound to sell to each one half of 
 
 1 allowance, or may sell the whole to one. Similar authority is 
 iferred as to "any road legally stopped up and altered by the 
 ncil." If the parties entitled to preemption refuse to purchase, 
 n, and only then, is the council authorized to sell to any other 
 Bon. See liaj. v. Iliyhway Board of Drayton in. Jlaka, 1 Q. B. 
 
 Tlie statute does not reqaire the corporation to do more 
 I close or stop up the road allowance. They are not required to 
 ce it in or place any physical obstruction in the way of persons 
 igit. They only put an end to the right of using it, and conse- 
 ntly to all obligation on the part of any person to respect it as a 
 ^way. The selling of the road allowance is one thing ; the 
 ^ping up of a road allowance is an entirely different thing. The 
 I is by no means necessary to the extinction of the publi'.; ease- 
 It. Johnson v. Jieesor, 10 U. C. Q. B. 101. The stopping up an 
 
 67 
 

 
 m 
 
 
 III 
 
 
 530 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 551 
 
 Ksutu?' 551 -(1 ) In case any one in possession of a concession roaa I 
 edforan ori- Or Side luie lias laid out and o])ened a road or sfi-oo*^ • , ' 
 ffs„„i piinw. ji /. ..1 . • • '_ .. .. - ^^i- 111 iilace 
 
 liTcowk'hout^^^^eof without receiving compensation therefor, orin c. 
 oompensa- uew or travelled public road has been laid out on A «.^ T 
 
 tiontoper- i- /. ••in e i , „ ''■"•^' (^Peiiei i 
 
 Bon whose heu ot an original allowance tor road, and for which n 
 land ifl tak- rjensation has been i)aid to the owner of the lanrl in,, ^ '^*' 
 
 en, such per- 1 i- i e l • • , ' '^PP^'Opiiat. 
 
 son If he 6(1 as a public road in place or such original allowan T 
 
 a^oiuS?o o^v-ner, if his lands adjoin the concession road, side lini 1 
 
 be entitled original allowance, shall be entitled thereto, in lien f J 
 
 to^onginai ^,^^^^ ^^ j^.^^ ^^^^^ ^^^^ ^^^^ ^j^^ council of the raunicinM' I 
 
 upon the report in writing of its surveyor, or of .. "j 
 
 provincial land surveyor, that such new or travellef) '•"j 
 
 is sufficient for the purposes of a public hirdiway (a 
 
 original allowance for i-oad is a distinct tiling from sellinLfand H 
 ing it, and requires to be distinctly and directly providtnlfoi' '^"'Pi 
 a by daw has been passed to atop up the allowances they still c "•'^^ 
 pnblic highways and cannot be sold or conveyed. Per RoK; °'"''° 
 J., in In re Choafe. and Hope, 16 U. C. Q. B. 428. Where?-''';' 
 tended by a private individual that a road allowance has l>eciil 'iiJ 
 stopped up and conveyed to him, -lo nuist show that all the nr I 
 ingd made necessary in that beliali have been taken Iw tlip ' 
 Winter v. MrKeown, 22 U. C. Q. B. 341. 
 
 ion. 
 
 c'orporjl 
 
 [n) So far, this section provides for twoi cases : first, where J 
 son in /)o-.w^«?'om of a concession road or side line has /u'w/.-'//'],;" J 
 and opened a road, &c. , in place thereof ; secondly, wheiea n.' 
 travelled road has been laid out and opened by, it is conceive 1 • 
 proper anthority, in lieu of an original allowance for ro.vl &' 
 either case, if no compensation has been paid to the nwnei' uf tiJ 
 land, and if his lands adjoin the concession road, sideline, oioii 
 allowance, he shall be eniiHed to the original road allowance in lia J 
 the road laid out. It is not clear whether or not a person who [\ 
 mere locatee from the Crown of the land through wliioh the new rri 
 I'uns, can afterwards, by obtaining the patent, l)econiean(reneriri'J 
 in the meaning of this section, so as to he entitled to a convevaiiceJ 
 the old road allowance. Winler v. }feKeo)en, 22 U. C OB 
 See further Cameron v. Wait, 27 U. C. C. P. 475 ; .3 A.^'iyj, 
 
 (o) Tt is a clear principle of law that evsry intendment is to I 
 made in favour of the jiublic, and against the individual wlioseetsl 
 deprive the ])ublic of the right which it is confessed the public nj 
 had, and that it is incumbent upon the individual wiio asserts ; 
 vate right acquired over a public one which was once vested, tli 
 shall do so upon clear, irrefragable evidence, and that notiii!if;sn 
 be left to depend upon conjectural inference and assmnptiou. ,"«( 
 V. Farley, 10 U. C. Q. B. .'545, 568 ; see also Req. v. Grrqt i|V.;'oi| 
 W. Co., 32 U. C. Q. B. 506. The surveyor's leportshdukl he Mr/ 
 that the new and travelled road is sullicient for the purposes of apiilj 
 highway ; and in the report he should state the width of thenewin 
 and the line to be run. Rexj. v. Sniidermn, 3 U. C. Q. 11. O.S, ij 
 Piirdi/ V. Far/ey, 10 U. C. Q. B. 545 ; see further, % v, / 
 L. R. 1 Q. B. 648. 
 
r ^H Kr;<) 1 POSSESSION OF UNOPENED ROAD ALLOWANCES. 
 
 [s. 551 l,^^fcO'''"J 
 
 • V the said original allowance for road in fee simple to 
 ISri^iwn or persons upon whose land the new road runs, (p) 
 
 531 
 
 hi\ When such original road allowance is, in the opin- Compensa- 
 101 of the council, useless to the public, and lies between "tose^iand^ 
 J n,vnf>f1 bv different parties, the municipal council may '/ taken who 
 
 AndsOwl"" 'V ,. . ^ ,. . 1 „ f ^ does not own 
 
 lectto the conditions aforesaid, sell and convey a part land adjoin- 
 beofto each of such parties as may seem just and reason- |.^§J'"«""" 
 1,1 • (o) and in case com))ensatioii was not paid for the new 
 ] and tlie person through whose land the same passes 
 li(ls not own tlie laud adjoining the original road allowance, 
 he amount received from the purchaser of the corresponding 
 irt of the road allowance when sold shall be paid to the 
 ui^on who at the time of the sale owns the land through 
 the new road passes, (r) 46 V, c. 18, s. 551. 
 
 Possession of Unopened Road Allowances. 
 
 eB52 Tn case a person is in possession of any part of a 
 
 Ivernment allowance for io;ul iaid out adjoining his lot and 
 
 icloscd by a Ir.wfiil fence, ami which has not been opened 
 
 public use by reason of another road being u -d in lien 
 
 lereof or is in possession of any Government allowance for 
 
 Iparflllel or near to which a road has been established by 
 
 f in lieu thereof, such person shall be deemed legally pos- 
 
 sed thereof, as against any private person, (s) until a by-law 
 
 Original al- 
 lowances for 
 roads when 
 to be deemed 
 legally pos- 
 sespod till a 
 by-law is 
 passed for 
 opening 
 them. 
 
 IpI The words " may convey " are compulsorj^ and the corporation 
 liot refuse a conveyance to the person entitled to it. Per Harri- 
 
 C, J., ill Cameron v. Wcdt, S A. R. 175. Sec also, note I to 
 l527."' 
 
 See note m to siib-s. 8 of sec. i'SO. 
 
 If the person from whom the land for the new road is taken has 
 [iaiul ailjoining the old road allowance, the allowance would be of 
 \ or no use to him. For this reason it is provided that in such 
 [the allowance shall bo sold, and the proceeds paid to the person 
 
 i land is taken for the new road. 
 
 (This section provides for the security of, first, a person in pos- 
 p of any part of a Government allowance for road, &c., not 
 y for use "by reason of anofher road lmn<j n.wd in lieu thereof ; " 
 lecnndly, a person in possession of any (Jovernment allowance 
 lad parallel or near to which " a road fins Ix'.cn eslahlixhed hy Irir, 
 Ib thereof," &c. A person so situated is to be deemed legally 
 jBsedas against any "prirjte per.'^on," but not as against the 
 n; and he is to be deemed so possessed "until a by-law has 
 passed for opening such tallowance," &c. So that as well against 
 Be persons as municipal councils, luitil a by-law is passed for 
 Bg, &c., he is to be deemed legally possessed. See Curry v. 
 
532 
 
 THE MUNICIPAL MANUAL. 
 
 \i 
 
 for opening such allowance for road has been passed li I 
 council having jurisdiction over the same, (t) 46 V ^ 
 s. 652. ■ ^ 
 
 J^i'otice of By-laws for Opening such Allowances. 
 
 Notice of by. 553, No such bv-law shall be passed until notipp ;. ., 
 law to be . , , • .^ , 1 • . ""''"-e m m,ri 
 
 given. ing has been given to the i:)erson in possession, at least e' 
 
 days before the meeting of the council, that an apnli r 
 
 McLcod, 12 U. C. Q- B. 545. By an Act of 1810 all allowance, fJ 
 roads laid out by public authority were declared, whether one !l 
 not, used or not, "public highways." 50 Geo. III. c. 1 g p pi 
 for the security of persons in possession of them when not us 1 ' 
 was in 1846 enacted that no allowance for road in possessio! i' 
 private person should be opened unless upon notice to him an/ 
 passiiig of an order of the proper municipal authority. 9 Vj^f , 
 13oth these enactments are here in substance re-enacted. A m' \ 
 
 possession of a road allowance where a new road lias been onen I 
 is used in lieu of it, to save himself from all disturbance oiieht 
 acquire a legal title thereto, pursuant to sec. 551 of this Act 
 Purdy V. Farhy, 10 U. C Q. B. 545 ; Nash v. Glorcr,2i{lm 
 McKil/op V. S77i{lh, 11). 278. 
 
 rantSli^^Bll^S. The coi 
 
 (t) A municipal corporation has a clear right to open an orici 
 alloM'ance, for road, and in doing so must, at its peril, be correct j 
 to its true position. The l)y-la\v should describe the bouudaries n 
 the allowance, if there be any uncertainty as to the true IjoiuiJail 
 McMidltn and Carador, 22 U. C. C. P. 356. ' If the limits assiaJ 
 be not the true limits of the side road as originally sarvcveil 1 
 council has no jurisdiction to enact and declare that they shallL 
 and whether the declaratory enactment have any validity or not I 
 ])erson hoiia fide contesting the true site of the road has, ] m 
 reason to complain of such a clause being inserted in the l)y-Lw 1 
 calculated to expose him to difficulties at any rate, if not to preinJi 
 him in the conduct of any litigation which he may institute fortL 
 purpose of bringing the point in difference up for judicial iminiij 
 l>ut in enacting that Lhe original allowance shall be 
 although describing that road by metes and bounds, I do 
 that the applicant can be prejudiced ; for in any litigation ari 
 upon the point, it would, I apprehend, in such a case be necei 
 to establish that the metes and bounds assumed to be, areinfactti 
 true limits of the original allowance. Tlie first clause of the bvlj 
 will have, therefore, to be quashed," &c. /*er Gwynne, J,, /{.i 
 36 1 . A by-law enacting that ' 'every person or persons haviugenclM 
 or occupying any part or parts of said quarter town line (anorigi 
 allowance for road) shall be required, on or before the first ( 
 November next, to give up possession, and open the same for tie i| 
 of the public travel ; the same to be made by gratuitous orstatj 
 labour," &;c,, was held to be valid. In re McMichnd amlToim, 
 33 U. C. Q. B. 158. It is discretionary with a nuniicipal council j 
 open a road allowance. Jie Wilson v. Wahifieef, 10 P. E. Ul 
 
555 1.1 AIDING COUNTIES IN MAKING NEW ROADS. 533 
 
 L] i)e made for opening such allowance, (u) 46 V. c. 18, 
 
 " Aiding in inaJcin;/ Roada and Bridges. * 
 
 I fiW The council of any municipality may pass by-laws for Ky inws to 
 anting aid to any adjoining municipality in making, open- ^uSl^i'J;,',^! 
 ^ maintaining, widening, raising, lowering, or 'otherwise ^"X';^^ 
 Proving any highway, road, street, bridge, or communica- 
 bpassnig from or through an' adjoining municipality. (t>) 
 IV. c. 18° s. 554. 
 
 nsio-v III.— Powers of Townships, Cities, Towns, and Vil- 
 LA(JES IN Relation to Roads and Bridges. 
 
 Mm Counties in Opening New Roads. Sec. .55o (1). 
 
 KiiMro/'fe with other Municipal itieH. Sec. ot)o (2), 
 
 L(iV of Township Roads, how Enforced. Sees. 556-564, 
 
 lli'5'5 The council of every township, citv, town, and incor- Hv-iaws may 
 
 l* , .,1 1 1 ,„ ' biMuadc for 
 
 Bted village may pass by-laws — 
 
 New Roads. 
 
 For oTiUiting to tlie county or united counties in whicli Aiding 
 „ municipality lies, aid, by loan or otherwise, towards 'j^"^^ '° 
 nine or niakiiuT any new road or bridge on the bounds oi'''"»t'3'in'i 
 
 * . . vj / 1 bridges. 
 
 nuiucipaiity ; [lo) 
 
 .) There must he a notice in writing, which must be gireu to thu 
 ion in possession «/ kasf eight dnys l)efoi-e tiie meeting of the 
 jKil. See III ri: Sam^ aiiH Toroufo, 9 U. C. Q. I!. 181. 'J'he object 
 ^prevent his being taken by surprise in reganl to the intention 
 len the road allowance of which lie is in possession. 
 
 Ill general, the jurisdiction of a municipal council is restricted 
 I the bouudaries of the municipality. See note ^• to sec. 20. 
 ikoiiotc b to sec. '282. But as roads, streets, bridges, and other 
 buhlio communications may extend from one adjoining nuinici- 
 ' into another, so as to be partly in each, power is here given to 
 by-laws for granting aid to an adjoining municipality in making, 
 'ng, maintaining, widening, raising, lowering, or otherwise iin- 
 ng any such road, &c. See note a to sub. s. I to sec. 550. 
 
 As a rule, councils of municipalities less than counties have not 
 r spontaneously to assess themselves for county purposes. See 
 > to sec. 282. The power given by this clause is to grant aid, 
 I or otherwise, towards opening or making any new road. See 
 \vX<) sec. 554. 
 
534 
 
 Joint works 
 with other 
 municipali- 
 ties. 
 
 THE MUNICIPAL MANUAL. 
 
 Joint Works ivith other Municipalities, 
 
 [s,55 
 
 wai 
 
 2. For entering into and performing any arrangement 
 any other council in the same county or united count' 
 executirig, at their joint expense and for their iojnt 1 ^'^ H 
 any work within the jurisdiction of the council • i-A ^v 
 18, s.^^^^ 'W4b\„ 
 
 555. 
 
 lief air of Township Roads — how enforced 
 
 556. Whenever township councils fail to maintain 
 ship boundary lines, not assumed by the county council 
 in the same way as other township roads, by 'nutua' ' ' 
 nient as to the share to be borne by each, it shall be c 
 tent for one or more of such councils to apply to the ' 
 council to enforce joint action on all towinship counpiio ■ "" 
 ested. (h) 46 V. c. 18, s. 556. ^ '"""'« 
 
 ?atjayer« ^^'^ ' ^^^ ""^^^^ '""^'"'^ ''^^ ^^'^ township councils interejtd 
 may petition neglect or refuse to open up and repair such lines of i 
 
 Township 
 council fail- 
 ing to per- 
 form their 
 duty. 
 
 coni[J 
 
 cTtaSce^ mhnner siinilar to the other local roads, it shall be .„„ 
 opening up tent for a majority of the ratepayers resident on tlielotsl 
 of road. Bering on either or both sides of such line to petition ti 
 county council to enforce the opening up or repair of 
 lines of road by the township councils intei-ested (e\ if 
 c. 18, s. 557. ' ^' 
 
 {x) The arrangemeut should be a completed one, inordertoreml/ 
 valid a by-law for carrying it into effect. 8ee In re Xiddd 
 
 Almonte, 41 U. C. Q. B. 577. ^cfuxho In 7-eC'arpcnltr and ikM 
 nhip of Barton, 15 0. R. 55. 
 
 (a) See O'Connor v. Otonahee and Douro, 35 U. C. Q. B. 73 
 
 (h) The roads here intended are "township boundary Hik 
 Apparently the intention is to ein1)race roads dividing townsy 
 otherwise there would be no necessity for a provision ps "tot 
 share to be borne l)y eijch" in respect of the obligation to o|)eii,reiii 
 and improve. It is true that in the case of townships adjacent tol 
 uusurveyed tract, the provision would )je in terms applicaUc wheti 
 townships were divided or not by "the boundary line,'' But a 
 probability is, that the Legislature meant the section to liave a m 
 extended operation. This supposition is coutirmed by a rei'erencel 
 sec. 557, which gives certain powers to the ratepayers borderJM 1 
 either or both sides of such line." The county council ig, inrelatf 
 to such townships, as it were, made the arbiter. Power isjiij 
 to the county coiuicil, on the application of any township iiiteral 
 " to enforce joint action " on all interested. The apphcatica skoi 
 be by petition. 1 
 
 (c) The preceding section supposes that at least one of the toi 
 
rfiOl ENPORCINU REPAIR OF TOWNSHIP ROADS. 
 
 -Kg A county council receiving sucli petition, either from 
 
 iisliii) councils or from ratepayers, as in the preceding 
 
 I tion mentioned, may, (d) consider and act upon the same 
 
 iTtlie session at which tlie petition is presented, (e) 46 V. 
 
 18, s. 558. 
 
 559, Tbe county council may (/) determine upon the amount 
 bich eacli township council interested shall be required to 
 
 Lnly for ^^^^ opening or repairing of such lines of road, or 
 Kdiiect the expenditure of a certain portion of the statute 
 kboui' or both, as may seem necessary to make the said lines 
 rroiui equtd to other roads, (g) 46 V. c. 18, s. 5.59. 
 
 560. It shall be the duty of the county council to appoint 
 [commissioner or conimissioners to execute and enforce their 
 
 deis or by-laws relative to such roads. If the representa- 
 
 ves of iinv or of all tlu, townsliips interested intimate to the 
 
 looncil or to tlie commissioner or commissioners so appoint- 
 
 tlieir intention to execute the work themselves, then the 
 
 Dmissiouer or connnissioaers shall delay proceedings for a 
 
 esonable time ; (h) but if the work is not proceeded with 
 
 535 
 
 Action l)y 
 county 
 council on 
 petition. 
 
 Aoiouut, 
 etc , to lie 
 fiirniHlicU by 
 each town- 
 ship. 
 
 Conunifision- 
 ers to enforce 
 order of 
 county coun- 
 cil Hs!o such 
 roads. 
 
 Proviso. 
 
 ;a8t one of the toi 
 
 IS interested is disposed to do what is re jnirod of it. But if all 
 iiestuil fail to perforin the duty cast upon them, n majority of 
 I ratepayers resident on the lots borderinj^ on either or l)oth sides 
 hucli line may petition the county oounoil to enforce the opening 
 I or repair of such line. The time and mode of so doing are pro- 
 led for ijy the next section. 
 
 ' May " is permissive. See note x to sec. 53-1. The original 
 hon, 29 30 Vict. c. .")1, s. 341, sub. s. 4, provided that "It .shall 
 k'.iulll," of '''' county council receiving, &c.« The change in language 
 JesJKf'etl to remove the duty, and leavj the ])ower to act as one of 
 ble discretion. 
 
 it) The action may be either by directing the expenditure o^ 
 jev, or the doing of statute lab(mr, or both, as may seem n'^ces" 
 '"to make the said lines of road equal to other roads." See 
 1559. 
 
 See note d above. 
 
 Any form of determination different from that authorized 
 Qd be void. 
 
 The mere order or direction of the county council, without 
 ^r to enforce it against the townships interested, would be of 
 (avail. Power is therefore given to county councils to appoint 
 ^mmissioner or commissioners " to execute and enforce their 
 or by-laws relative to such roads." This is, as it were «t 
 
 vn; for it is also provided that if the representatives (probably 
 |ing reeves or deputy reeves) of any or all of the townships 
 
 sted shall intimate to the council or to the commissioner or 
 

 m 
 
 
 » 'a 1 
 
 I 
 
 536 
 
 THE MUNICIPAL MANUAL. 
 
 I 
 
 m i 
 
 im 
 
 mgm 
 
 r|, :;, 
 
 ijWjjfMMFi 
 
 mS^^&\ 
 
 :-t '■■ 
 
 
 imffiWr^- 
 
 ■■■ ij. •] 
 
 '^Hi^VwHff' 
 
 ^ppilt pH 
 
 t^k tA 
 
 
 ^M-u^ 
 
 m 
 
 during the favourablo season by the township ofR 
 
 tiie coninkissioners shall undertake and finish if *u '''' """I 
 
 46 V. C.18. s. 560. ^^themsfl, 
 
 SuiiiH <letor- 
 mined upon 
 
 commissioner or commissioners, and tlie amoiuit ret- 
 of any money in his hands belonging to such townsJiin. i 
 if there am not at any time before the strikinf^ " ' 
 
 lined f 
 
 of 
 
 " tOllJitJ 
 
 561. Any sum of money .so determined 'ipon by tli 
 io benBi.ii)"v eouucil as the i)ortion to be paid by the rospectivp f '^T" 
 towns^iip.. ^,^_^,j y^^ j,.^j^^ j,^ ^,^^, ,.^j,^^y treasurer on the im\!^ \ 
 
 11 
 
 'i 
 
 rate any such moneys belonging to such townshji 
 treasurer's hands, an additional rate shall lie levied i"' '' 
 county council against such township sutlicicMit tn pn ' '' 
 advances. {{) 40 V. c. 18, s. .561. ^■^'* 
 
 562. Whenever the several townsliips inteip«fo,i • 
 townships w.'iole or part or any county boundary hno roiul arc 
 cannof"'^ uuitu/illy to agvce as to their joint action in openiii^orH 
 taiiung such line road, or portion thereof, one on 
 such township councils may apply to tlm wiirdcns of tli ' 
 dering counties to determine Jointly the aiuonnt wlii I 
 townshij) shall be required to expend either in nioup • 
 tuto labour, or both, and the mode of expondinuc i I 
 road ; (./) the County Judge of thecountviu whicl:tl,ot •'' 
 
 When till" 
 several 
 
 asroe. 
 
 W.ardcns t( 
 ha urbitrii- 
 tiir.-. 
 
 County 
 judlje itlso, 
 
 .ship first making the application is situiite sliall in alj ,„ 
 be the third arbitrator, (k-) 40 V. c. bs, s, nG'j. 
 
 coniinis-iioners their intention to execute the work tlicniselves • J 
 tlie <;()!ninissioner or connnissioners may deliv tlicir nmJV' I 
 Hut tlie delay is only to l)e tor " a roabon:d)Ie tune." If the w -1] 
 not ])ro('eeded Avitii (hu'iuy "the favouraltle season " liv thu v 
 sliip oHiocrs, then the commissioners shall undertake it, aiidtiiii' 
 themselves. 
 
 (1.) Where commissioners do the work, some provision is necejiail 
 for payment. It is therefore provided that the money shall be J 
 by the county treasurer, "<jn the order of the eoinniissioin'r or c^ 
 missioners. " When so paid, the mon-^y is to bo retained bv 
 county treasurer out of any money in his hands heloii-'iiii'tothetm 
 ship. If none, then the county council may levy against suoli ton 
 ship a rate "sutHcient to cover such advances." 
 
 ij) The county council is, as it Avere, made thu arljitrator benJ 
 townships in the same county. »See note /) to see. ,550. But wlJ 
 the townshii)s are of ditferent countie:?, the wardens of the coi;ii!i 
 are by this sub-section made the arhitt vs. Their power as sucbarl 
 ters is to determine upon the anioui t which each township iii 
 be required to expend, either in money or statute labour, or I 
 and the mode of expenditure. 
 
 (k) See note </ to sec. 388. 
 
MINERALS UNDER ROADS. 
 
 637 
 
 563. It sliain)e the (luty of the wardens of the counties M~»»nK« «>' 
 •'!• Tsuch application for the determination of the matter 
 
 t (I to meet within twenty -one days from the time of 
 
 dispntt'. 
 
 The warden of the county in which the town- who to con 
 
 IP hr 
 
 •••t makiiK' thn iipi>licrttion is situated, sliall ho the con- 
 
 vone, etc. 
 
 ,. ^|,(, meeting ; and it shall be liis duty to notify tTio 
 " . 1 n of the other coiuity and County Judijfe of the time 
 *rnl'!...> of meeting, within eiglit days of the time of his 
 ^^^^^^^\^^<^^-^- (^) ^«V.c. lH,.s.5d3. 
 tnA A t «iicli iiuH'tinir tlie wardens and County Judge, or whut the 
 
 two of thein, siiall detennine on the share to be borne county judge 
 "'the respective townships, of tlie amount required on ^^'V'JI^ «»et..r. 
 ,„iit or piu'ts to bo opened or repaired by eucli or both, 
 I sliiill iippoiiit a commissioner or commissioners to super- 
 Lteiul such work, and it sliall be the duty of the township, 
 surer to pay the orders of the commissioners to the extent 
 i^be Sinn apportioned to each ; and path masters control - 
 the statute labour on the lots adjoining such line on 
 I portion of such line to be opened or repaired, shall obey 
 loiders of the commissioner or commissioners in perform- 
 [thestiitute labour unexpended. 40 V. c. 18, s. 564. 
 
 VISION I\'.— 1'OWKK.S OV COUNTV AM) ToWNSHIP COUNCILS IN 
 
 Relation to EIoads. 
 
 Sale or Lease of Minerals on or under Roads. 
 £f\—l\\ The corporation of any township or county, ^'ii*" or lease 
 erever minerals are found, may sell or lease, l)y public rights under 
 -stiou or otherwise, the right to take niinei-als found upon '■°'"^''- 
 lundtT any roads over which the township or coimty may 
 \i iuiiscliction, if considered expedient so to do. (m) 
 
 \ The initiative rests upon the warden of the county in which the 
 jisliiii tiiat tirst made the application ia situate. He is the con- 
 ler ()f tile meeting Jt is niiidc his duty to notify the warden of 
 [otlier county fUMiI the County Judge of the time and place of 
 ling, This he must do " within eight days " of the time of his 
 living the application. See note It to sec. 185. 
 
 ii) Tlie freehold of a road, notwithstanding the dedication of the 
 it of way to the public, remains in the owner of the soil. If the 
 I were laid out by the Crown, the soil and freehold would remain 
 [the property of the Grown. See note y to sec. 525. So if laid 
 1^ a private individual, the soil and freehold would still be the 
 ity of that individual. See note ^- to sec. 527. "Whatever 
 
 38 
 
■^^^-inffl^iilliH 
 
 
 638 
 
 No lale or 
 
 leaao till .. 
 
 Rder notice. notlCO 
 
 THE MUNICIPAL MANUAL. 
 
 [h. 565(0| 
 
 (2) No Hucli Hale or lease hIuiII tnke pliice uiitil aff, 
 iiutico of the inteiulcMl hy-law linn been posted ui) ji ' I 
 the nioHt public places in the iininediato ii('i<'lil)o.„,| ' i ' J 
 
 such road for at least one niontli previous to tUc. 
 for considoiing the by-law. (?t) 
 
 (3) The deed of conveyance or lease to the 
 
 
 i '■!', 
 
 fer« With lessee tinder the by-law sliali contau) a proviso pnt. I 
 traveii •^'•f' '■•'"'•^ ^^^' \mh\k travel, and prevjditinjL,' iiiiy uses' of! 
 
 granted rights interfering -with jjuIjUc travel (u\ if' 
 18, 8. r>67. ' ^' ^ *'| 
 
 may be tho reiVHons uHsigned in the case \n I'lowdeii (AVr/ v r 
 JVorthumlicrland, 1 Plow. 310) for the rule thereby wti'iMiiih J !J 
 whether they approve themselves or not to nioderu minds it I 
 fectly clear that ever siucu that decision it has luen sittkd 1* 
 England that the prerogative right of the Oowu to ^uU a,,,] '! 
 found in mines will not pass under a grant of hvnd from tiic fv 1 ' '^ 
 
 ; pass under a grant ot land from tiit Cmwi," 
 words the iutention of the Crown betxim 
 
 M 
 
 less by apt and pr-jcise , v^.o^nuecxw 
 
 that it shall pass. It was fairly conceded by the leaniwlcoui'«iy 
 the appellant tliat this rule must he taken to iiave Ijitn iiitriKl 
 as part of the common law of England into the colony ai Yjctoru* 
 Woo/ley V. Attorney General of Vidorm, 2 App. (jas. Iii3, jj..] 
 statute 1 W. & M. cap 30, no nunc of copper or tin shall be (uiy 
 a royal mine, though silver be extracted. So by statutes \V i 
 c. 6, persons having mines of copper, tin, lead, &e., shall eiijovt 
 same although claimed to be royal mines. Alum mines belom'toil 
 person ou whose land they are, 3 Inst. 185 ; see also, 21 Jdc. I c) 
 ss. 11, 12; see further, Rev. Stat. i\. 31. It has heen usual int 
 country for the Crown, when granting lands, to reserve i4i 
 silver mines. VVhei-e no such reservation is made, and themineiji 
 covered Is not one that can be called a royal mine, the right to i 
 minerals would pass to the owner of the soil. Keservatidiis oi i 
 and silver mines in patents for lands granted in feu sinihlei 
 rescinded by Rev. Stat. c. 31, s. 4. liy sec. 5 of the same IJ 
 no reservation of mines is to be inserted in any patent m 
 ing lands sold as mining lands. This section, if constnie'i | 
 apply to roads laid out by private individuals, would bei 
 invasion of private rights, without any express provision for c 
 pensation. See sec. 483 and notes thereto. Minerals, .so far ajil 
 municipalities are concerned, are by this section placed cntbss 
 footing as growing timber. As to either, the municipal corporaa 
 may now pass by-laws for sale. There is good reason why, inf 
 case of standing timber, the removal of which is necessary to II 
 enjoyment of the public easement, such a power should exist. 
 note h to sub-s. 6 ot sec. 550. But that reason has no application wli^ 
 ever to the sale of minerals found under roads. See Jnh[>^ v, 
 24 U. C. C. P. 219. 
 
 (m) See note (/ to sub. s. 1 of sec. 546. 
 
 (o) The right of the public to the use of the highway as a 1 
 is paramount to any right to rem '» ve minerals. The latter riglittl 
 
2-] 
 
 OPENING AND ALTERING ROADS. 
 
 539 
 
 In NioN- v.— PowKRs ov County Councils in rklation to Roads 
 
 |» ,^(.<t-„« the Closing of Road Allowances. Sec. 56G (1). 
 I " the Openin;/ and altering of Roods. Sec. 566 (2). 
 
 Trees obstructing Highways. Sec. 566 (3). 
 
 Duuhle Tracks in Snow Roads. Sec. 566 (4). 
 
 Aid to Townships. Sec. 566 (5). 
 
 Repair of County roads in local Municipalities, 
 .Vcc. SGG (6, 7). 
 
 556, Tho council of every county shall have |)Ower (a) to ^y-'''^' 'o' 
 by-laws for the following pu rinses : — 
 
 Closing Road Allowances. 
 
 1, For stopping up, or stopping np and sale, of any original Disposing of 
 Uowance for roads, or parts thereof within tho county, C^)2ibw«!cofor 
 rhicli is subject to the sole jurisdiction and control of t'^e [°*^**pj^'J^J^*""- 
 
 ncil and not being within the limits of any village, town, 
 
 city within or adjoining the county ; but the by-law 
 
 rtbispui pose shall bo subject to section 546 of this Act ; (c) 
 
 Opening and Altering Roads. 
 
 2, For opening, making, preserving, improving, repairing, opeDing, 
 idening, alteriug, diverting, and atopping up roads, street,,, f^'] ^"thf^ 
 narps alleys, laues, bridges, or other public comraunicationh, ""■ »>etweca 
 nninf or beuig withm one or more townships, or between nicipaiities. 
 |ro or more townships of the county ; or any bridge required 
 I be built or made across any river over 100 feet in width 
 
 bin any incorporated village in the county connecting 
 
 ' public highway leading through the county, and wliich 
 
 continuation of a county road, or between the county 
 
 I any adjoining coimty or city or separated town, or on 
 
 bounds of any town or incorporated village within the 
 
 iidaries of the county, as the interests of the inhabitants 
 
 [the county, in the opinion of tlie council, require to be 
 
 must be so exercised as not to interfere with the former. The 
 
 licipal corporation is liable to be sued by any person sustaining 
 
 ges by reason of defect in the highway. See notes to sec. 53 1 . 
 
 •) See note x to sec. 534. 
 
 See note m to sec. 550. 
 
 b) i. e. as to notice. See sec. 543 and notes thereto. 
 
 tUl! 
 
 1"S, 
 
 .■V 
 
 h! i 
 
 i' i'; 
 
 
540 
 
 TIIK Mn>fICIPAI, MANUAf,. 
 
 
 
 Jr' 'S ' 
 9* &i 
 
 M' 
 
 ■Aw -!■ 
 
 
 , .1.' 
 
 :wi 
 
 !!;; 
 
 ^!]i 
 
 [k W, 
 
 80 oponod, made, preHcrvod, uiid itn|irovr>(i ; (ft) and f 
 
 ing upon, hmikin^ up, taking, or using any I,in,| j,,"'^""" j 
 
 nocessfvry or con>(.'nit'iit for tlu* Huid purpowH sul)i..r^**/ 
 
 roHtrictions lutroin containecl ; (e) 40 V. c is „ {L .'"•*' 
 
 ^ ■ ' > "• •>o.) (I 2| 
 
 7'rfiflH nliHtrncthiff I/iij/iu'dus. 
 
 fh^tnlTio •^- l*'f>'' <!i'-<H;ting that, on oadi und oitl.or sid,- of , |,i,. , , 
 (.••(•i.'m.'<i on under tli(« jurisdiction of tho council ( /'\ i);m«i„„ »i '^ 'I 
 i,i«ii\Miy«. wood, the trooH (uuIckm such as aro n'snrvcd hy tin. T 
 for ornament or shi'lter) sliall, for a Hpaci- not (>x!? 
 twenty-five feet on eacli side of the higliwuy, }„> (k i i 
 and removed hy the proprii^tor within a tiiiio'iii,poi|,y "J 
 the by-law, (y) or, in his default, hy the county siirv,.v„ f 
 other ot^icer in whose division tin; land li<'s;ju)fl in ti l\"' 
 ease, for authorizing the tic^es to be used by the ovoi!."^ 
 other ortic(?r for any jjurpose cotim^cted with the \umn\,. i 
 of the highways and bridg<'S in his ('ivision, o,. ^^ |* " J 
 by him to defray the expenses of carrying the l)v|;iw J 
 etl'ect ; (A) and the council nuiy further piiy such txi* 
 out of county funds. ' 
 
 iltri* 
 
 ((/) .See as to these powers generally, note n to hu1>. , | ^f. 
 (e) Hee note h to ace '530. 
 
 (/■) Powers precisely similar to those hy this claiMe confirreJJ 
 counties aro also conferred on foiru-ihijis. Sec. olJT, .siil,.j ;j 
 subsection is to be read only as to roads over whii;li cnmitVifu 
 have exclusive jurisdiction. So sec. M!?, siil)-8. ;i, is to be readonli'l 
 to roads vested in the townships. i{y,'!',this construction wiiflictl 
 jurisdiction is prevented. 
 
 {ij) This authorizes a h. iious interference with private ri'lib 
 yet makes no express provision for coinpensatioii. The "cianir 
 is that when the jjroprsrty of a jjrivatc person in iiiti^rferc?] with fori 
 public bcnetit, compensation shall be made. Sue sec. 483 Mil noa 
 see also note A to subs. 1 of sec. SnO. It has l)teiihcl(l tlmttliejaii 
 tory duty of opening' a road on which tntes grew was no nusirerl 
 an action for injury caused to the plaintitl's land liy tiie felliiii;l 
 trees, accompanied by the allegation that in so opeiiiii" tlie i 
 portion of the trees on being cut and felled nuuessarily reached to^ 
 fell upon the plaintilFs land, but doing the said liind iin imnro 
 rnd no material damage, /'nive. v. liorhe.sfrr, '22 U. C. {.'. pIJ 
 Sue further, f.'Uchri'il. v. (lardiM, 2G U. C. C. I'. 1. 
 
 (A) If the proprietor himself cut the trees they become his prow 
 They are his property as owner of the land. See note A tosec .« 
 liut if he malie <lefault, the by-law may authorize the trees eitJier] 
 be used for municipal purposes or sold to defray the expenses ot cm 
 ing the by-law into eflfect. See first part of note » to subs, M 
 ec. 489. Further expense, if any, is to be paid out of countyfu 
 
ff) find for ctitdr 
 livnd iiiimywMl 
 
 side (if ;i lii;{hwu»l 
 )iiHsinj; tlin)u;;h. 
 orl l»y till' cwJ 
 (•(> not f'xccHlJ 
 iVay, 1«> cm ,lo,3 
 iiiiii inmuiiitcil 1 
 )Uiity sur\vyor( 
 ; iiiul, ill tti(> lntt(( 
 Uy till' ovci'SHto 
 l\ tluMinprnwineiil 
 ■;ioii, or to licsoll 
 iij,' tlic l)y-liiw imj 
 jiiiy such cxiiensd 
 
 ,g-j 7 1 ABANI><)NINO TOLL H0AD8. 
 
 Double Tt'dcka in Snow Roads. 
 
 Hi 
 
 ,0 «ul). ? I, of sec, i 
 
 lis clause coiiftrredj 
 
 r)(>7, HUl)-3. II 
 
 iii;li county ■■oancil 
 
 \, is to be roadonlyj 
 
 onstruction coiitej 
 
 th private ri:;htj, i 
 ion. 'riie geinTalrJ 
 i« iiit(Tfcrcil withii 
 \'a: sec. 48!i ami iioKJ 
 .■euliolil tliatthejM 
 •ew was 110 iiuswetl 
 
 land I'y tlie {elliiijj 
 so opeiiiug tlie roa 
 iccssarily readied toi^ 
 ,id land no iiunece! 
 •22 U. C. I'. 1'. \\ 
 
 \ 1. 
 
 icy become liisproj* 
 See note h to sec. 
 orize the trees eitii«| 
 ay tlie expenses ots 
 : note s to subs, li| 
 aid out of county fi 
 
 For piovidiiiK *'"' '''•' ••"ikiiiK and keeping or en o(i»ouhi. 
 
 roitdK 
 
 tHt. 
 
 louiilo trackH in hhow iuiuIh, according to tlio pioviuonH otHimw 
 « ^d rexiiediiKj Dunbk Tracks in Snow Roads ; it.<v. 
 
 Aiding Ton^nships, etc. 
 
 5 For grantint; to any town, township, or incorporated Kor uidinK 
 uim. in the connt> aid, by loan or otherwise, towards ^/"roHuVlISd 
 enin;' or iimking any now road or bridge in the town, bridgHi-. 
 
 j^lijp or villuge in cases wliero tlio conncil deems the 
 nniv n't hirco Huthcientlv interested in tho work to justify ouunmtBo. 
 h iissistanoe, but not sulhciently interested to justify theturenofioci 
 ncilin at oiico assutnin^; the same as a county work, (^O uc""'"'*'*"" 
 I also for guaranteeing tlio debentures of any municipality 
 ihin tho county, as the council may deem expedient ; (/) 
 
 Rfimir of Count'}/ Roads in local Municipalities. 
 
 \i For requiring that the whole or any part of a county Opening 
 I within any local municipality shall be opened, improved "caUnSni- 
 Inmintained by such local municipality ; {,n) 46 V. c. 18, «'i'aiiti«B. 
 
 «5 (3-C). 
 
 \, For abandoning or otherwise disposing of the whole or JUX.'*'"* °' 
 rportion of a toll road owned by a county, whether situated 
 ily within the county or ])artly within the county and 
 tly within an adjoining county or counties, and on the 
 BD" of such by-law the clerk shall forthwith forward a 
 kffied copy thereof to the local municipality or munici- 
 ties through or along which any portion of said abandoned 
 I shall run or border upon . Provided, however, that no 
 ( by-kw .shall take eflect until assented to by the local 
 
 I The ordinary powers of a county council, are, ao far as roads 
 ridges are concerned, to deal only with county roads and bridges. 
 ! k to sec. 20, and note h to sec. 282. As to tlte jurisdiction 
 Bty councils over roads and bridges, see sec. 532. 
 
 I County councils have no power to make grants in aid of the 
 ry roads and bridges of particular local municipalities. In re, 
 m aid PronUnac, 41 U. C. Q. B. 175. 
 
 I Tliis enactment was in all probability passed in consequence of 
 icision in In re Rose and Slonnont, 22 U. C. Q. B. 531. See note 
 534. 
 
542 
 
 THE MUNICIPAL MANUAL. 
 
 [s.5661 
 
 municipality or municipalities affected, or until th 
 shall have been approved by the Lieutenant-Govo ^^' 
 Council. 48 V. c. 39, s. 24 ; 49 V. c. 37, s. 18. " 
 
 Division VI.— Powers of Township Councils im rit.t. 
 
 Roads AND Bridges. '" ^'^latioxk 
 
 Aiding Counties. Sec. 567 (1). 
 
 Closing Road Allowances. Sec. 567 (2). 
 
 Trees obstructing Highways. Sec. 567 (3). 
 
 Footpaths. Sec. 567 (4). 
 
 Sale of Roads in Villages and Hamlets. Sec. 568. 
 
 By-laws for 567. The council of every township may (a) pass bv-law 
 
 Aiding Counties. 
 
 Aiding 
 adjoining 
 county in 
 maliing 
 road-', etc., 
 ond granting 
 aid to county 
 for roada 
 as^iumed by 
 county. 
 
 1. 
 
 For granting to any adjoining county aid in niakii 
 opening, maintaining, widening, raising, lowering or otln 
 wise improving any highway, road, street, 1)i idge or 
 munication lying between the township and any other n 
 cipality, (b) and for granting like aid to the county! 
 which the township lies in respect of any hi^hwav roi 
 street, bridge, or communication within the township assii 
 by the county as a county work, or agreed to be soassa 
 on condition of such grant ; (c) 
 
 Closing Road Allovmnces.. 
 
 Stopping ui>, 2. For the stopping up, leasing, or sale of anyi 
 
 sate'of °^ allowance for road or any part thereof within the iiiui 
 
 original road pality, and for fixing and declaring therein tlie terms i 
 
 which the same is to be leased, sold and conveyed ; [i] 
 
 But no such by-law shall have any force— 
 
 ProTiBo. 
 
 (a) "ilf ay pass by-laws," &c. See note .r to sec. 534. 
 
 (6) See not# b to sec. 546. The description as aid "byWl 
 otherwise" is not specified here aa in sub-s. 5 of sec. 566. 
 
 (c) The power is not to aid the county in respeci of i 
 highway, road, &c., assumed by the county as a county wori, j 
 only in the case of a highway, &c., assumed "on condition ( 
 grant ; " in other words, when the promise to make the grailj 
 one of the inducements to the county to assume tiie worii, aii(i,i| 
 were, the coaditiou on which it was assumed. 
 
 (d) See note a to sec. 550. 
 
TREES OBSTRUCTING HIGHWAYS. 
 
 54a 
 
 LSIN REUTIOXiol 
 
 be 
 
 \ Unless passed in accordance with section 546 of this 
 
 ^'^' Act, (e) nor 
 
 n 0ntil confirmed by a by-law of the council of the 
 county in which tlie township is situate, at an 
 ordinary session of the county council, held not 
 sooner than three months nor later than one year 
 next after the passing thereof; (/) 
 
 Trees obstructing Highways. 
 
 % For directing tliat, on each or either side of a highway orderimr 
 irthe jurisdic'tiou of the council {q) passing through a Sown .. 
 L ,1 flip ti-pes Cunless such as are reserved by the owner for each side of 
 
 IrOOd, ff '^'^'^■^ \ , , ,, ij . T . J a road. 
 
 mment or shelter) shall, for a space not exceeding tAventy- 
 ve feet on each side of the highway, be cut down and 
 bnioved l)y tlie proprietor within a time appointed by the 
 v-law. 'h) or, on his default, by the overseer of highways, 
 rotlur officer in whose division the land lies; and, in the 
 
 +g[. g^-ise, for authorizing the trees to be used by the over- 
 jev or other officer for any jiurpose connected with the 
 bprovement of the highways and bridges in his division, or 
 kbe sold by liiui to defray the expenses of carrying the 
 t-law into eftect ; (i) and the council may grant out of 
 
 nisliip funds any money that may be necessary to i)ay for 
 
 till"' down and removing such trees ; 
 
 |(() See sec. 546 and notes. 
 
 \f\ The l)y-law of the township is not to have any force until con- 
 Jjieil in the manner and at tlie time mentioned. If not coiihnned 
 Lll. or if confirmed at the session of tlie council other than the one 
 icitied, it would he, for all purposes, inoperative. If not legally 
 firmed, it would not affect any persons interest. If conhrnied by 
 i;i\v of the county council, and illegal, it may be moved against. 
 iroulil, it seems, he premature to move against the by-law of the 
 insliii) liefore confirmation by the county council. In re Olioate 
 \Hoin:, 16 U. C. Q. B. 424, 428. The statute 20 Vict. c. 69, 
 luireil such a bydaw^ to be contirmed by the county council within 
 ar from the passing of the by daw Before confirmation, the 20 
 , c. 119 was repealed by statute 22 Vict. c. 99, saving all things 
 thert'uniler, and by it no confirmation of such a bydaw was 
 lie requisite. The court intimated that the confirmation oi the 
 m was still necessary to its validity. Winter v. Keown, 22 U. 
 B. .'^41. 
 
 See note /to sub. 3 of sec. 566. 
 
 I See note q to sub-s. 3, of sec. 566. 
 
 See note h to sub-s. 3 of sec. 566. 
 
5U 
 
 THK MUNICIPAL MANUAL. 
 
 Footpaths. 
 
 [^•567, 
 
 Hi}' 
 
 Footpatiis. 4. For setting apart so much of any highwav i 
 council may deem necessary for the purposes of ^^ (A 
 path, (k) and for imposing penalties on persons tr ^ iv I 
 thereon on horseback or in vehicles, 46 V n lo . ?! 
 
 liwii 
 
 ■': 
 
 ■» 
 
 h vi.f', 
 
 Sale of Roads in Villages or Hamlets. 
 
 Mc^^l 568— (1) In case the trustees of any police villa,, I 
 ges and fifteen of tlie inhabitaiit householders of anv otiio.. , '^' a 
 
 When roaUs 
 in pot 
 
 fetstav^'rporated village or hamlet consisting of not less than tT 
 
 l^dTet."^^ (Iwelling houses standing within rn area of 200 acres, peti 1 
 
 township tion the council ot the township in which the viljar; 
 
 oouDcii. jiamlet is situate, and in case the petition of such uii ."1 
 
 porated village or hamlet, not being a police vilju, *l 
 
 accompanied by a certificate from tlie I'e^istnir nf ti I 
 
 registry division vithin which the towiisliii) lies ||,/| 
 
 plan of the village, or hamlet has been duly clepositel i 
 
 his office according to the registry laws, tlie council m I 
 
 (l) pass a by-law to stop up, sell and convey, or otlieiwJ 
 
 deal with any original allowance for road lyin^ within tli I 
 
 limits of the village or hamlet, as the same shall be jJ 
 
 down on the plan, but subject to all the restrictions f 
 
 tained in this Act with reference to the sale of original allm I 
 
 ances. {m) 
 
 S'Sartiy iT (^) "^^ P''eceding sub-sections shall apply to a village 
 each of two hamlet situate in two townships, whether such townsh 
 townships, .^^.g jjj ^jjg gjinie or different counties, {«) and in such ml 
 
 ||ii|US,vJ 
 
 {k) P'ootpaths or side walks constitute a portion of a liishmrl 
 ])roper for the use of pedestrians, and necessary to be kept in rewil 
 liy the municipal corporation. See notes to sec. 531, IcisapwJ 
 hended that corporations of townships, Uke other local miinici[J 
 corporations, would have^an implied power to do all that is la 
 authorized. 
 
 (/) May — permissive, See'note x to sec. 534, 
 
 (?h) See sec. 550, sub-s. 9. 
 
 («) The last subsection in terms applies only to a village or lianJei 
 situate in one and the same township as well as in one anil the m 
 county but as villages are often formed at the corners of differeij 
 townships, which may or may not be in different counties, it is I 
 this subsection made to extend to "a village or hamlet siiuate in /i 
 townships, whether such townships are in the same county or o 
 different counties. " The extension is scarcely sufficient for thenj 
 are villages formed of parts of mora than two townships. 
 
 V'W't'ftV.i 
 
[s.567i.H^569.] 
 
 DRAINAGE WORKS. 
 
 545 
 
 uncil of each of the townships shall have the power 
 
 Ith ebv conferred, (o) as to any original allowance for road 
 
 1*^'^ within that part of the village or hamlet which, accord- 
 
 tn the registered plan, is situate within such township, 
 
 "f^^ c, 18, S8. 568, 569. 
 
 TTT _PowKB8 OF Municipal Councils as to Drainage and 
 '^^^ OTHER Improvements paid for by Local Rate. 
 
 I --Townships, Cities, Towns and Villaces. 
 V ll!— Townships and Villages. 
 
 v! III.— t'OUNTIK.-i. 
 
 jy^- I._L0l'AL iMPBOVEMiiNTS IN ToWNSHlPS, CiTIES, ToWNS, 
 
 ' ' ' AND Villages. 
 
 570. 
 
 Sec. 
 
 56i) 
 
 ml drainage by-latvs, and fund for. Secs.^ 569, 
 mplaints respecting assessments, how tried. 
 
 (10-15). 
 
 \ashin" by-laws, limitations respecting. Sees. 571-574. 
 
 tension of works to other Municipalities. Sec. 575 
 Me of apportioning cost. Sees. 576-582. 
 
 \o to keep in repair. Sees. 583-590. 
 
 maye done by tvorks. Sec:^. 591, 592 . 
 
 •ainage by private persons. Sec. 593. ^ 
 
 vth. etc., may be spread on road. Sec. 594. 
 
 i of cost payable by Municipality. Sec. 595. 
 
 \struction oj ditch on town line between two Municipali- 
 ties. Sees. 596, 597. _ 
 
 ilruction of work?- effecting several Municipalities in same 
 County. Sees. 598, 599._ , 
 
 itrudion of works affecting several Municipalities in 
 dif event Counties — Procedure. Sees. 600-Gll. 
 
 i of local improvements. »S'ec.s. 612-628. 
 
 itpig, ivatering and lighting streets. Sec. 629. 
 
 Drainage Works. 
 
 B9. In case the majority in number of the persons, us Municipal 
 
 by the last revised assessment roll, to be the owners Jnay pasa by- 
 ther resident or non-resident) of the property to be laws for 
 
 deepeuiii^ 
 
 See note x to sec. 534. 
 69 
 
546 
 
 THE MUNICIPAL MANUAL. 
 
 [s.569. 
 
 dratrgV*"* ^^"^fi*®'^ \" ^^^3^ P^*"! P^ ^^y township, city, town 
 
 etc. 
 
 Examina- 
 tion by 
 engineer. 
 
 Plans and 
 estimates. 
 
 Of mcor. I 
 
 poratecl village, petition the council for the deen 
 straightening of any stream, creek, or water-coursr'"'* 
 draining of the property (describing it), (a) or f° ""^ 
 removal of any obstruction which prevents the frp fl"^ 
 the waters of any stream, creek, or water-course as f °^^ 
 or for the lowering of the waters of any lake or ^* 
 
 Pondfortiie 
 
 purpose of reclaiming flooded land or more easily ] 
 any lands, the council may procure an en<Tinppr a/« ^."""sI 
 land surveyor to make an examination of the stream 
 or water-course proposed to he deeix'ued or straight ' *^ i ' 
 from which it is proposed to remove obstructions* or f'T 
 lake or pond the waters of which it is proposed t 1 I 
 
 or of the locality proposed to be drained, and may n- 
 plans and estimates to be made of the work by suoli '^"'^ 
 neer or surveyor, and an assessment to be made 1 • ""i 
 engineer or surveyor of the real property to be l)eney| 
 by sucli work, stating as nearly as may Ije, in tlie on' 
 of such engineer or surveyor, the proportion of bcfeti! 4 
 be derived therefrom by every road and lot, or portion 1 
 lot ; (h) and if the council is of opinion that the piopoj 
 
 (a) Municipal corporations are not responsi))le in danivKfJ 
 the legitimate exercise of the powers conferred on them an tA*i 1 
 age. Darin/ v. Crowland, 38 U. C. Q. B. 338. It ]Z m 
 been decided v'h':if majority is auflScient to procure the acti '^i 
 the council. "Four concessions in a township may be interstj 
 in different degrees in a work which -wouhl drain all the la ' 
 those concessions ; but it might be of moreimporti'nce totheov 
 of the lands in one of those concessions than to all the owiie J 
 the lands in the other three to procure the construction of the wo I 
 As at present advised, we do not see that a majority of the Mfm 
 owners in the one concession would not comply with the ternisoity 
 Act." Ill rp Montt/omcri/ and Raliujh, 21 U. C. C. P. ,381 395 
 petition should include a niajoi-ity of all the i)ersons wiiom t- 
 engineer finds to be benefited by the proposed work. /« n yjofel 
 Kon and North Easthopp, 15 O. R. 423. The objection that the pail 
 tion was not signed by the requisite majority is not one thatcaiii 
 entertained by thr court on an application to quash the by-law il 
 all events, in the absence of fraud or corrupt conduct on the p,-,rt] 
 those who passed the b3'-law. In re Michie and Toronto, 11 V.Ca 
 P. .379 ; Ini-f. "'lontijomerii and, Nfdevjh, 21 U. C. C. P. 381, Seeil 
 In re Robertson and North East hope, 15 O. R. 423. 
 
 {h) On receipt of the requisite petition, the council may, inii 
 discretion, refuse to proceed further. See note x to sec, 534, H 
 council has no power to alter the works which the petitionersaskij 
 and change into something they do not ask for without their eipr 
 concurrence. If the work asked for is impracticable or too coj 
 the petition should be refused. lie Misemr v. Township of ITjiJ 
 
.(. I 1 DEEPENING STREAMS AND DRAINAGE. 
 
 . k or a portion thereof, would be desirable, the council 
 
 547 
 
 „ay pass by-laws— (c) 
 
 1 For nroviding for the proposed work or a portion Po' deepen- 
 tJJf being done as the case may be. {d) i6 V. c. 18, s. i'^«. "*"'""'• 
 
 570(1); - 
 
 M46U. 
 
 C. Q B. 457. The petitioners, or any one or more of 
 
 I th m upon the report of the engineer or surveyor may withdraw from 
 
 I tnem, ^v,^^ ^^^^ nreliminary examination, estimate, assessment and 
 
 benefit being made to enable the parties to 
 
 imhieSether they will proceed with the pro 
 InlZeBoberlson and North Emthope, 15 O. R. 
 
 42.3. Persons who 
 
 T'e not sigii'^'l the petition and whose land has not been mentioned 
 
 ibrein may \w assessed if the surveyor reports that their land would 
 
 Ik benefitect by the work. In re White and Sandwich East, 1 O. R. 
 
 1^0 The engineer may leave out of his scheme portions of the land 
 
 I ntionedin the petition, and the calculations as to the necessary 
 
 r aioritv should be made without considering the owners of such land. 
 
 l/n Ve kohertHon and North Easthope, 15 0. R. 423. The contention 
 
 Ittat nil the lands which will be benefited l)y the proposed work have 
 
 liin't been assessed, or that for any other reason the several assess- 
 
 Iments made upon the respective lots, or any of them are overcharges, 
 
 im not constitute ground for moving to (juash the by-law. All those 
 
 atters are matters subject to appeal, and it is there such a conten- 
 
 Hon should be tried and investigated. In re Monl(iomery and Raleitjh, 
 
 91 T: C, C. P. 393. Sec also In re White and Sandwich East, 1 0. R. 
 
 ')• Be Clarke and Howard, 14 0. R. 598. 
 
 (f) The council is left, upon receipt of the engineer's report and 
 ither preliminaries, to judge whether or not "the proposed work or a 
 »rtion thereof would be desirable," '^c. If its opinion be in the 
 Srxr.tive, it may pass the by-law; but if of a negative opinion, 
 kere is no power to compel the council to do so. See note a; to sec. 
 34. The engineer is the pro])er party to make the assessment. Re 
 tcLean and the Township of Ops, 45 IJ. C. Q. B. 325. Where on the 
 (titiou of the plaintiS" and others a by-law was passed for the con- 
 ruction of the B drain and the assessment of the land benefited, but 
 drain had not l)eeii completed though a reasonable time had 
 pipsed and a portion of the moneys assessed had been applied upon 
 othir drain not mentioned in the petition, the report of the sur- 
 yors, or in the by-law, and of no value to the petitioners, it was held 
 tt the plaintiff was entitled to an order compelling the corporation 
 I complete the B drain according to the by-law, to an injunction to 
 train further misapplication of the moneys assessed and to an 
 oimt thereof, for that tlie by-law created a trust which had been 
 olated. Smith v. Township oj Jialeirjh, 3 O. R. 405. 
 
 \{d) The purposes for which such a by-law may be passed are for 
 
 I deepening or straightening of any stream, creek or water-course, 
 
 f the draining of the locality. The efifect of deepening a particular 
 
 am, creek or water-course may be more effectually to drain the 
 
 »lity; but there may be localities requiring drainage in the imme- 
 
 late vicinity of which there is no stream, creek or water-course. In 
 
 lier event it is contemplated that a by-law may be asked and passed. 
 
 mote h to sub-s, 16 of sec. 521, as to streams and watercoui'ses. 
 
B' 
 
 m 
 
 11 1 
 
 548 
 
 THE MUNICIPAL MANUAL. 
 
 
 Mt 
 
 Hull 
 
 
 l|''i' 
 l?.,l° 
 
 :i-i|. 
 
 [8.56S)2.^ft.^«;9 3.] 
 
 I'^iSPi^, \ ^^^" borrowing on the qredit of the municipality J 
 funds, etc. funds necessary tor the work, although the same extend \ 
 yond the limits of the municipality (subject in that • ^ 
 be reimbursed as hereinafter mentioned), and for issui kl 
 debentures of the municipality to the requisite am 1 
 including the costs of arbitration, if any, in sums of" 
 . , less than $100 each, and payable within twenty years f 
 
 date, with interest at a rate of not less than four per ( p /"' 
 
 I)er 
 
 annum 
 
 (^) 
 
 Payment of 
 intoreat on 
 debentures 
 how made. 
 
 («) Any council issuing debentures under the provisi „/ 
 of this section, nmy include the interest on tl !fj 
 bentures in the amount payable, in lieu of tl? 
 interest being payable annually in respect of k 
 debenture, and any by-law authorizing the issu? 
 debentures for a certain amount and interest 
 be taken to authoi'ize tlie issue of debentures 1 
 accordance with this sub-section to the same aino' ? 
 ' with interest added, if the council, by suljseque] 
 resolution, direct the treasurer to issue debentu 
 in accordance with this section, as aforesiifl 4(i\ 
 c. 18, s. .-)70 {•!) • 49 V. c. 37, s. 20; 50 V. c.'fi,, 
 
 {e) The amount borrowed is to be payable within twenty yearsfrd 
 the date of the by-law, and yot no provision is made for reqnirinrtM 
 by-law on tlie face of it to sbow the date of its passing. It j^ ^.J 
 sary to the validity of an ordinary by-law to raise money on their J 
 of the municipality, that it should name a day in the financial ^ 
 in whicli the .same is passed when the by-law sliall take eft'ett s] 
 .'{40, sub-s. 1 . This section, however, does not reipiire that such ad 
 diould be named in tlie by-law. Per Gwynne, .J., /« ,•, Mohuf<mi 
 and Hn/eiyh, 21 U. C. C. P. .^97. But even in the case ofanoi'dinj 
 money ))y-law. the Court refused, after the issue of debentures 
 (juash the by-law on the ground of the omission. In In re Mhik't 
 Toronto, 11 U. C.C. P. 379, Draper, C. J., said— " I have fell 
 ;,'ood deal of dou))t whether the Legislature did iiotintendthatin 
 body of every 1)y-law shall l)e stated a day upon which it is to t 
 effect. The date on which a l>y-law is passed does not necessai 
 form a part thereof, though it may be the practice for some officer 
 the corporation to mark the «lay of its passing thereupon, Am 
 think the Legislature meant that it should not be necessary to k 
 to anything extrinsic to the by-law, for the purpose of learning wl 
 it would or had come into operation, "^riie purchase!' of a tlebent 
 for instance, would require to see that it and the by-law under wl 
 it was issued were legal, and might on that account require to 
 when the by-law took ofi'cct. " See also sub-s. 2 of s. 621, hI 
 requires that every by-law for borrowing money shall provide 
 the repayment of the loan and the maturing of debentures to 
 issued pursuant to the by law within the probable life of then 
 or improvement for which the debt is incurred. 
 
 / 
 
 
,569 3.] 
 
 ASSESSMENT FOR DRAINAGE. 
 
 549 
 
 » r«.. aoxpssiiijr Jind levying in the same manner as taxes Lovjing r»t« 
 
 3 jor as^*""'"'" 1 i. i. I 1 lij. 1 1 J.1 Of payment, 
 
 I iftd up<^" *''^ ^' property to be benehtetl by the 
 f , v special I'lite sufticient for the payment of the princi- 
 
 I (1 interest of the debentures, and for so assessing and 
 L ■• CI the same, as otlier taxes are levied, by an assessment 
 
 1 •■"te on tiie real property so benefited (including roads 
 "id liv ioiiit stock companies or private individuals and 
 
 ludmi; roads held by counties or county councils,) in pro- 
 llVoiiHS nearly as may be to the benefit derived by each 
 
 hniDortion of lot and road in the locality; (/) 46 V. 
 lls'lsTOi^P'-^i-t); '^1 V. c. 28, s. 35. 
 
 I I A I)V-1hw' enacted that the drain should be made in accordance 
 
 ih the suivey and levels taken by the engineer : that there should 
 
 I seii levied and collected off the lots and parts of lots in the 
 
 fcaliip to l)e benefited by making such drain, the sum of §!'269li : 
 
 tthesuiii of P69li should be divided into three e(iual ani\ual pay- 
 
 \u lieaiiiig interest at the rate of eight per cent, per annum, first 
 
 L >nt to 1)0 made in 187 1, and to continue in each year till the , 
 
 We sliould be paid, for the purpose of paying one part of the cost 
 
 Mii (liiuiia<'i', and the cost incidental thereto assessed upon the 
 
 lis afoiesaicf ; and the collector should in each year place the same 
 
 1 the tdUeutor's roll against each lot or part of lot "as set forth 
 
 Ithe oimcxcd schedule," to be collected and paid over to the 
 
 er, as other taxes were collected and paid over, to form a 
 
 kiiu' fiuid to meet tiie payment of debentures. It thoi p''ovided 
 
 Immeiit hy the treasurer of the numicipality of the sum of 
 
 16 sssis-soil on roads and road allowances ; and tiu'U for tlie 
 
 Lot ilebcntiues for S2096, at a rate of interest not exceeding 
 
 Itiiei'ceut. per auiuiiu, in sums of not less than §100 each, pay- 
 
 1 ill three yeai's troni the loth Decenibei-, 1870: and, lastly, that 
 
 le aiiicmut to be collected from such assessment should, by reason 
 
 L hinds beiiK' non-resident, or otherwise, fall short of the sinii 
 
 lired to meet the debentures or interest as they became due, the 
 
 jiirei should j'ay such deficiency out of the general funds, ami 
 
 Ibiiise those funds when the assessment should l)e levied out of 
 
 Iftuih 1'1>^' schedule, whicli was annexed to and formed part of 
 
 Iby-law, was entitled " Schedule shewuig the benefits to be 
 
 \ti\ bv each lot from the drainage to be performed under this 
 
 Lv." The objection raised against the by-law was, that it did 
 
 briiperly provide for a special rate sutlicient to include a sinking 
 
 [for the payment of the debentures therein mentioned, but pro- 
 
 Itoithc levying and raising of certain instalments with interest, 
 
 Pidiint state or provide from what date such interest w^as to be 
 
 But the by-law was sustained as against the objection. 
 
 \!iIi»''iiimerTf mid Ralcit/h, 21 U. ('. C. P. 381. "Upon a care- 
 
 lonsidcration of the section, we do think the objection is not 
 
 nountable." I\r Gwynne, J., lb. SO."). The learned Judge, 
 
 Insing the language (juoted, and after making a critical examina- 
 
 jff the section, leading to a particular construction, which is too 
 
 ifor insertion, concluded, " This section of the by-law is, we 
 
 l, open to this construction, and being so construed seems to be 
 
 gl|mfi";i!iiinfr!iiH;iii 
 
 
 ■ M-fV 
 
 '^\- ' 1 
 
 
 pf 1 
 
 
 ?ii i 
 
 V : 
 
 
 
 4 
 
 l'/;- ■•[ ■ 
 
 : .... I 
 
 1 •■'. . i 
 
 
 ? -^: ■ ... 
 
 1. . ( 1 < 
 
 i|: 1,1 
 
 
 : ' 1 . ' ; , 
 
 
 i3 
 
 .:> i;' '!^; 
 
 
 1 I 'A 
 
 
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 I 
 
 
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 - . .it ' 
 
 1 J ■ 
 
 \ 
 
 m'\'^ 
 
 
 II I'l 
 
 uk 
 
 1 
 
 u.^ 
 
i wm 
 
 
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 K,-.f ' 
 
 m 
 
 
 
 650 
 
 What cost to 
 be deemed 
 cost of 
 works. 
 
 THE MUNICIPAL MANUAL. 
 
 (a) The 
 
 ProTisc. 
 
 ProTlao 
 
 [s- 5693(c), 
 B jost of any arbitration liekl in connecti 
 the construction of any works under tln\°" ^''''' 
 
 the cost of tlie publication of by-la\v7 ^^^^""'' 
 other expenses incidental to the constru !•" 
 the works and tlie passing of tlie by-law^ si'^J^I 
 deemed part of the cost of such Avorks, and in •111 
 in the amount to be raised by local rate " 
 
 (6) Any peison whose property has been assessed for 
 work may pay tlie amount of such assessuient 1 
 the interest, at any time before the (U ^ 
 
 • 1*1*1 ii ^^OGI] 
 
 are issued, in which case the amount of debent 
 shall be proportionably reduced ; (g) j„i(i ""^ 
 
 (c) Any agreement on the part of any tenant topavtl,! 
 rates or taxes of the demised pi-operty shnli i 
 apply to or include the charges or assessment, fl 
 any works under this section, unless such ■» I 
 ment in express terms mentions or refers to'ifJ 
 charges or assessments, and as payable in resMrtl 
 of drainage works; but in cases ' of eontraetsol 
 purchase or of leases giving the lessee a richtol 
 purchase, the said charges or assessments shall t 
 added to the price, and shall be paid (as the im 
 may be) by the purchaser, or by the lessee in cal 
 he exercises such right of purchase ; (/() 
 
 free from the objection taktm." Notwithstanding, it is recommeiiiiai 
 that such a by-law be not made a precedent. It is inserted notad 
 guide, but as a warning. The Legislature has wisely provide 
 form of by-law which shall {mtitafts mntmidis) l)e used. See sec .il|| 
 
 (gr) This is, in effect, an authority for the payment of a debtinj 
 vance ; and as an inducement there is a rebate of interest. But jti 
 to be observed that the privilege can only be exercised "beforetJ 
 debentures are issued. " After tire issue of tlie debeiitures the drfi 
 for the whole amount is contracted, and it rests with the purdiasj 
 who thc-eby becomes tlic creditor of the uumicipality, tosavwiietliJ 
 he will accept payment of any of the debentures before matiiritv a 
 if so, on what terms as to rebate of interest or otherwise. 
 further, sub-s. 6 of s. 612, which authorizes municipahties to i. 
 by-laws arranging the terms on which persons assessed lor loe 
 improvements may commute for 1 .iC payment of their proportiou 
 shares of the cost thereof. 
 
 (A) The purpose of the by-law is to improve the freehol 
 money to be raised is not so much a tax as tiie consideration for s 
 improved drainage. This being so, the oblig,ition to pay is t 
 upon the owner of the freeb.old, and not upon the tenant wlo In 
 merely covenanted or agreed in the ordinary form to pay taxes, 
 exception, however, i.s where by the lease, he has expressly agra 
 
[8.5693(cvH*'''^'"^ 
 
 ASSESSMENT FOR DRAINAGE. 
 
 551 
 
 4 For regulatiiif,' the times and manner in which the ,''^»'- pJ^^'*!- 
 ^essuienr, shall be paid; Z'Im"""' 
 
 , p^p (leterniining what rea^ property will be benefited Vot ascer- 
 Ihvtlifi works, fiiicl the proportion in which the assesstneut *'*,'„'|,'°y*'* 
 U 1(1 be made on the various portions of lands so benefited, Hai>ie to the 
 h md subJRct in every case of complaint, by the owner or*"" 
 ersoii interested in any property assessed, whether of over- 
 kr^e or uiulercharge of any other property asstjssed, or 
 h property which should be assessed has been wrongfully 
 nitted to be assessed, (j) to proceedings for trial of such 
 
 DDiplaint and appeal therefrom, in like manner, as nearly as 
 ... il oc nn nioceedinss for the trial of complaints to the {^«v 
 
 nat. 0. 
 103, 88. 04, 
 66. 
 
 av be, as on proceedings 
 
 Ourt of Revision under The Assessment Act. 
 
 6, The engineer or surveyor in assessing the real property ^^^^^9^^ 
 I be benefited by any works to be executed under this sec- property. 
 on need not ooniine his assessment to the part of a lot 
 
 letuaily drained, but, in order that the portion to be rated 
 av be conveniently ascertained, nnij' make such assessment 
 I'tlie whole lot, or on the half, quai'ter, or other described 
 of the lot, if the person owning the part actually 
 ijined owns the whole lot, or owns such half, quarter, or 
 her described part of the lot ; 
 
 7. The proportion of benefit to be derived from any J'"^^,^™^''' 
 tirks by different parcels of land oi' roads may be shewn benefit may 
 
 the engineer oi- surveyor by placing sums of money ^'' ^'^'""'' 
 
 f charges in respect to drainage works. Another is, where the lease 
 aiiis a contract of purchase, in which ease such charges shall be 
 I to the price. If it were not for this express exemption, it might 
 
 [held that ordinary tenants under a covenant to pay taxes would be 
 nd to pay the drainage rate. See //(. re Michie and Toronto, 11 
 
 tC. C. P. 379. 
 
 |i) It was held not to be necessary for the by-law to specify the 
 of ascertaining and determining the property to be benefited. 
 
 \n Moniijomir}! ami Raleigh, 21 U. C. 0. ?. 381. Held also, that a 
 iule annexed to the by-law, shewing thi benefit to be der'-'d by 
 1 lot from the drainage to be performed inder the by-law, which 
 iiile was declared to be part of the by-1 .w, sufficiently indicated 
 i the lands so assessed were assessed as the only lands within the 
 licipality regarded as benefited by the proposed work. See note 
 JBub-s. 3 of this section. 
 
 (j) See notes to sees. 64 to 75, of the Assessment Act. Where the 
 Bcil while professing to adopt the engineer's assessment pvauti- 
 By threw it aside and unfairly discriminated against some lands 
 Till t'livour of others, it was held that the by-law could not be 
 'liued. Re Clark aiid tue Tovmship of Howard, 14 O. R. 698. 
 

 Kfflff I 
 
 'I ; 
 
 
 K^i'-M 
 
 
 
 
 [1 
 
 » 
 
 
 
 
 
 ■M 
 
 
 
 
 iS 
 
 H:[p' 
 
 
 
 
 
 R'|1 
 
 
 
 
 
 1 
 
 11 
 
 
 
 
 
 i^QH'1 
 
 
 
 
 
 
 
 
 
 ll 
 
 > 
 
 * 
 
 -1 1 
 
 '! "' 
 
 
 562 
 
 THK MUNICIPAL MANUAL. 
 
 IVtitioD for 
 ilrainin^ 
 laixtfi by 
 «nil)aiikinK, 
 etc. 
 
 I'liiiiJ 
 
 Injury to 
 low l.yiiu 
 land. 
 
 Hi'ctioii r>St>. 
 only to apply 
 (iuriiij^ the 
 will (if tho 
 
 COtlllCll. 
 
 1,'ui.; t of 
 llcvision to 
 havi^pii- 
 niar>- jurlt- 
 (lir'iiin. 
 
 oppoHitc such piucols iind roads, uiid it sliall not h I 
 
 to have been iH'ccssiuy to stiitt! tlio fraction of tl ."''^'"'^1 
 
 l)e horno hy each parrel or road ; ^"^Mol 
 
 f^. The council shall have tlu^ like power ana 
 sions of this section shall apply in cases whci,, li" ''' 
 can be (;(lectually accomplished only by eniijiinkiiir/ * 
 ing, or other mechanical ojierations, but in smU .?, 
 council shall not [u-oceed except ujjon the petition T '"I 
 thirds of the owners above mentioned in this sectimi ,it 
 V.c. IS, s. r)70(;{, part, ^-8). ' '°"' W «| 
 
 !). Fn cases provided for in th(> next prcccdii.rr w„i . i 
 the council may pass by-hiws tor assessnii^uiul (1,.?,., • i 
 annual cost of maintaining the necessary works n '^ I 
 lands and roads to be benefited thei'(0)y, ;,c(.,j,.(|j, ,;""*■ 
 provisions of this Act ; and may do all tliinifs necc.ss'^. ' 
 pass all i-e(piisite and pro{)er by-laws, and ''liter intili 
 per (;ontracts for maintaining and givin;;' full ('ir(...t f ' 
 works ; and all the pi'ovisions of this and tlie fdllowli,, ] 
 tions to section GiJli inclusive, shall be applit-;il,|,, ^^1 
 possible to the draining of lands under suhscftidn ,s ff|i 
 section ; except that the council of the niuniciiKditv i J 
 the petition of two-thirds of the owners ai)|)t'aiiii(' I .J 
 last revised assessment roll to l)e assessed tor n-2.\ ' I 
 tioned in said sul)-section, pass a by-law relievini' tlie 1 1 J 
 cipality from all lial)ility under the pro\ isions of seetion wl 
 and after such last mentioned by i;iw shall have Iwciinw 
 the provisions of said section 580 shall not aimlv toam,. 
 the works mentioned in sa,id sub-section and set foitli'nl 
 designated in said last mentioned bv-law- [(] V (,• U 
 r>70'(9); 49 V. c 37, s. 21. 
 
 10. Trial of such complaints shall be had in tlie 
 instance by ami befori^ the Court of Kevision (if tlicm 
 cipality in which the lands or roads lie, whioh court tli 
 council shall, from time to time as the occasioniiiav remiiw 
 hold on some day not earliei- than twenty iioi' later tlj 
 thirty days from the day on which the by-law was tirst i 
 
 {k) See the first part of this section which piovidoH for a petitiJ 
 liy the majority of the owner.s interested. The words " mechaiiiij 
 operations" must not he read in their widest sense ; the provisim 
 requiring a two-thirds majority are not iiiteiuled to apply to eva 
 case in which it may become necessary to huild or lieighten a baa 
 at the side of a drain or to strengthen it in places by theadoptionJ 
 timber or logs. In re Itoberlson v. Xortli Ea^thopi', 15 0, R, ^^ 
 
"9 13.1 APPEAL FKOM ASSKSSMENT FOU DRAINAOK. 
 
 L A notice of which shall he puMi.shed with tho by-law 
 Lfc •* rt tlif Hrst tlinw wonk.s of its publication ; (/) and all 
 
 .""l of iiKiM'iil sliull bo served upon tho clerk of the muni 
 
 , [j^ ,jt ii,Hst ciKht days prior to such ( ourt ot |{<n'iHion ; 
 
 k< the Court '>t' ll(^vi^iori may though such notice l)e not 
 
 ••, nerinit the appeal to l)e heard on such conditions as to 
 
 u' f iictiet' to all persons intert^sted and otherwise as may 
 
 11 Su<'li < '<ii"'t' ■'*'•''''" '"' constituted in the same manner Power of. 
 1 Iwive tilt' same power as Courts of Revision under 7%- Uev. Stat 
 
 19U,B«. SO OS. 
 
 12 In case of any such complaint, the clerk with whom Trannmii- 
 
 I.ll i^ (l(")osite(l shall transmit to the Court of Revision "'«»>"' 
 P^ roll i-i 'I' t"""'''"' 1 <• 1 • I 11 iis8o.<iHmoni 
 
 Icertilic'I copy of so much or tlu! said roll as relates to roll. 
 
 ich municipality ; 
 
 \n Tlip aoDeal fi'om the Oourt of Revision shall be to the Appnai to 
 Jsje, or jumor or actinj,' .Jnd,t,'e, ot the ( ounty (Jourt otjudjfo: 
 I county within which such municipality is situate; 
 
 1(1) The omission of the notice aa to tho (^ourt of Revision from 
 ibylaw as |)ul)lislie(l is fatal, hi re FenjiiHon ami the. Township )u' 
 «,V/,' 44 U. *'. Q- W- '^'' J" t'^^' '■'"'*'" "^ ^" '■'- ■^f'mfijoiiivry anil 
 kid, '21 U. ('. C. I*- •^'•••"' <leci(le(l under the piovisiona of 3'.' 
 t' i! 4.3, (Jwynnn, .J., saiil ; " 'I'lio object of the Act, ua it 
 ills to ni''. i^, til niiiive tho apjteal to the connoil, if not appealed 
 to tlin County ■luilj^'e, and tho decision of the ('onnty Court 
 ., if tlie appeal should be carried to liini, as tinal and con- 
 jvi' IS the (U'fision of the Covirt of Kevision and of the (bounty 
 irt .Imk'e rDspcotivoly are under the Assessment Act, . . . 
 bhuMioiUi of docisioii upon the several matters being provided by 
 I Act, seems to conclude the idea tliat these matters eau be opened 
 I motion to (piash the by daw," See also AV White ami Sand- 
 Ka^t, I 0. K. 530. The appeal is now before the Court of 
 8,011, the decision of which may be appealed from to the Judge 
 iiunioror actiiit; .Judge of the county in which such municipality 
 Stu;ite. Hubs. \'.i. When the engineer who made the assessment 
 inot notified and was not present at the (^ourt of Revisif)n but 
 I pri sent on tlie appeals therefrom to the County Judge which 
 taken by all who had appealed to the Court of Revision held 
 Hgroinul for setting aside the by-law. Ife McLean and Ops, 4f> 
 !. Q. B. 325. Matters of which complaint might be made to the 
 Irtof Revision form no ground for cjuashing a by-law. lb. No 
 St can disqualify a councillor or a member of a Court of 
 don from performing his duties as such that springs solely from 
 ning a ratepayer in the municipality. lb. See also Canadian 
 land Emirjration Co. v. Dysnrt, 12 A. R. 80. 
 
 See notes to sec3. 55 to 63, inclusive, of the Aasessment Act. 
 
 "0 
 
654 
 
 POWCM of 
 
 ju(li(e 1)11 
 it|ip«*l. 
 
 TIIK MUNIClFAf, MANUAL, 
 
 14. In caso of appeal t'' tli« .lud^H, jnnioronutj,, , j 
 of tlu) C«)unty (Jourt, lio hIuiII liavc! tin- sainc !„>,., '''' I 
 
 (lutiuN, and the vUn'k of tiio municipality sluiH I 
 
 Hanio powers and duties, as nearly as iiiuv lie i 
 
 Rev. sut. c. 
 1U3, M. 08-74. 
 
 Variatlontiii 
 BMeHsiiiont 
 nn fouplKliit 
 or appeal. 
 
 
 respectively upon appeals from the Court of K,,v 
 77<« AsHiimnuiid Act ; (//) 
 
 IT), In case, on any sucli eomplaint or !ip|H',i| \\ ,, 
 
 ment JH vari<!d in resp(H;t of the property wliidi isth,. l** 
 
 of tim complanit or appeal, the C'ourt or .ludi'c nu *i '''^' 
 I I II ^ ji '^ ' ''1^^ Cain 
 
 'JWI 
 cat)! 
 
 may l)e, shall vary /iro rnfa tlw itssessuKMit of tl 
 property, and of the other lands and roads henelitcd ii f " 
 Hai(l, without further notice to the persons interested tl ' 
 so that the aji;^reji[ate amount assessed shall he the 
 if there had i)een no appeal, (o) and the; ,)iid<'e 
 
 xuiiieii 
 i»r ill ( 
 
 there is no ap})eal to tlu) Judge, the. Court of Kevisior i 
 return the roll to tlu! municipal ch-rk from wjioja it 
 received, and the assessors shall prepare and fittest u nli 
 accordance with their original assessnjent as altered 
 revision 
 
 '•y sticU 
 
 Works to 
 whi(<h thii 
 Rectioii 
 applies. 
 
 Appoint- 
 ment of 
 coumisHion- 
 era to carry 
 out drainag;e 
 works. 
 
 1 6. The j)rovisions of this section shall he deemed toextf J 
 to the re-execution or completion of any works whidi i, J 
 been executed or liavt; been partly or iusntlicieiitlv cxKutf 
 under any provi.sion of any Act of tliis L(!i,'isliiturc oioftln 
 Parliament of the Province of Canada, and to any worli 
 which it may be deemed expedient to difr^ censtiuct. or m , J 
 for the piu'po.ses aforesaid, oi' any oi them, pioviiled tbttl-^ 
 stream, lake, or pond is, for the purposes hereof, within tin 
 iurisdiction of this Legislature : 46 V. c, 18, s. r)70| 
 
 17. In order the better to maintain and oiierate word 
 constructed under the provisions of suli-section IS of tlii 
 section, the council may pass by-laws appointiiii,'onLMiriuoil 
 commissioners from among those wliose lands are asse; 
 for the construction of such works, and the commissioners s 
 
 (n) See notes to sees. 68 to 75, inclusive, of the Asaessment Ad | 
 
 (o) On an appeal to the Comity .Iiulge lie reduced tlie mmmi 
 on one lot by one-lialf, the owner couaentiiig, tliough .acconlincl 
 the evidence the sum should have been further reduced, ludittril 
 uting the amounts struck off among tiie othtr properties the Jjdj 
 added nothing to the assessment of this lot so fixed by consent, l 
 he certified that the other owners were aassussed for iesii tliaii ih 
 would have been but for such consent : Hclit. that this siibswtii 
 had been practically complied with. Re Mcl^tmiandthfTmd 
 of Ops, 45 U. C. Q. B. 325. 
 
 sr ■ f '^Mffe. 
 
 
[h. 569 H ^H 559 21.1 OBSTRUCTIONS IMPEDING DAMAOES. 
 
 A66 
 
 ^|»""' J"'wm,in,if 
 ' «*tiill hiiv,, (I A 
 
 ' '"'; •^^^ <-h.,y ln^J 
 »t' Ivt'visioii ,ii„iJ 
 
 vppt'iil, the iws(%.l 
 liifli is llii^ sulijetJ 
 
 "•'"'■ '»t' the J 
 
 JMMUiiitcdasiitwl 
 iiitcn'stcd tlicreiii] 
 iiiH Ih' (licNiiiieii 
 
 J >|<1«»N or in ™ 
 b of Rt'\ isioii sluij 
 I'oin wliom it wm 
 iiul attest 11 roll J 
 
 iiHaitHmlliysucU 
 
 !«• (leciix'd toext«ii{ 
 woiks which liavl 
 iitKcieiitlv cxH'Dttd 
 igisliitmv, or of tiK 
 
 and to any work! 
 
 (instruct, 01' m\\ 
 \, i>roviiled tbtt^| 
 
 (loreof, within 4 
 
 18, 8. r)70(ll.l«J 
 
 and operate worq 
 
 )-seciion H of tki 
 
 ioint,iii<,'oiieitri 
 
 iiUulH are iissft 
 
 le eoinmissionerssl 
 
 the AsHessment Ad I 
 
 educed the aBstssmiJ 
 , tlidugh accordii 
 r reduced, ludutiii 
 r properties the Jmij 
 10 fixed by conseLt,' 
 rfcd for lesa than thi 
 ). tliat this iiib-sfctij 
 Lean aiullkf T'vm 
 
 lointed slinll have full power to enter into all Huch neces- 
 b'v i"»tl P»'"l""' ««"t.nict8 for the purchase of fuel, repairs of 
 
 tn iiiiti machinery, and may do all other things neces- 
 
 ll»ry 
 
 buihliiig— , - r 1 4- i- I - 1 
 
 J („ frtcilitHto the HUcoeH.stul operation ot such works hb 
 
 I may be set forth in the by-law appointing such commissioners ; 
 
 18 Where any obstruction, within the meaning of the P'o'Wo" 
 provisioiiH of this section, is wholly Kitiuite or existing obitruotion 
 Steyond the limits of the municii)ality, the same shall, for all{;'^'J,';^*t«, 
 L poses and with respect to every provision of this Act, be munieipa- 
 Seemed and taken to bo an obstruution situate and existing "'^" 
 
 itly within and partly without the limits of the muni- 
 ipality, and as if the proposed work or operations i»i con- 
 
 ctioii tluTowitli, or with the lemoval thereof, were to be 
 ^ue and porfonned in part within the limits of the muni- 
 ipality, and in part to be continued and extended beyond 
 
 ich limits, and all the provisions of this Act shall be held 
 
 A deemed to apply and operate accordingly ; (;;) 
 
 19. Where such obstruction is occnsioued V)y or is a dam Kemotai of 
 .'Other artiricial structure, the council shall be deemed to itructirren. 
 jive full power to acquire, with the consent of the owner 
 
 iercof, and upon payment of such purchase money as may be 
 Mutually agreed upon, the right and title to remove the same, 
 iliolly or in part ; and any amount so paid or payable as 
 nrchiise money, .shall be deemed part of the cost of the 
 orks under this section in connection with the removal of 
 jjch obstruction, and shall be dealt with and provided for 
 cordingly ; 
 
 20, The two preceding sub-sections are to be taken as Appiic«tion 
 iplying only to cases where the obstruction is actually nndV."" 
 hiate or existing in a municipality next adjoining to the 
 nnicipality mentioned in such sub-sections ; 49 V. c. 37, 
 
 i22, 
 
 1 21. To remove doubts it is hereby declared and enacted RemoT»i of 
 It where the obstruction referred to in this section is "n rf!!."?"*"" 
 
 ftsioned by, or is a dam or other ajtificial structure, and 
 [lituate wholly within the municipality, the council shall 
 
 deemed to have full power to acquire, with the consent 
 i the owner thereof, and upon payment of such purchase 
 
 ney as may be mutually agreed upon, the right to 
 
 See also sec. 522. 
 
556 
 
 form >f by- 
 law. 
 
 ■^ 
 
 mu 
 
 
 IHE MUNICIPAL MANUAL. Fg jgg , 
 
 remove the same, wholly or in part ; and any amount 1 
 paid or payable as purchase money, shall be deemed part T 
 the costs of the works under this section in connection ' ki 
 the removal of sucli obstruction, and shall be dealt ui 
 and provided for accordingly, and where the lands benetitprf 
 are situated paitly in the said municipality and iiartlv 
 the next adjoining municipality, the special rate suffii 1 
 for the payment of the principal and interest of the deM 
 tures and the assessment and levying of the same slmin'^ 
 made, levied,, and paid over by the said m'.inicipalitv 
 the said next adjoining municipality, in such proportiorsl 
 the said engii eer or surveyor may determine and chiira 
 upon the lands aforesaid, and in like manner and to tK 
 same extent, as nearly as may be, as is provided for by thi 
 Act wliere the lands benefited are situated wholly withf 
 the municipality. 50 V. c. 29, s. 54. 
 
 • 
 
 570 — (1) The by-law shall, mutatis inntandis, be in 
 form or to the effect following : {a) 
 
 A BY-LAW to provide for draining parts of (or, for the i^eepenii 
 of in, or as the case may he) the Township of ' ^ \ 
 
 and for borrowing on the credit of the municipality, the sunt 
 for completing the same (r) 
 
 Provisionally adopted the day of ^ j) i J 
 
 Whereas a majority in number of the owners, as shown by the J 
 revised assessment roll, of the properly hereinafter set forti, toi 
 benefited by the drainage {or deepening, or as the case may he), \ 
 petitioned the council of the said towpship of J^^^ 
 
 that (f) (here set out the purport of the petilimi, doxcribhuj (jPnerM 
 property t- be benefited,) («) 
 
 And wnereas, thereupon the said council procured an examinal 
 to be made by , being a person c )mpetent for sii.h i 
 
 poae, of tba said locality proposed to be drain m1 (or the saidstra 
 creek or water-course proposed to be deepen -d, or an the cmei 
 
 (q) The words are shall be (not may be) in the form or to tiiei 
 following. See note r to sec. 330. 
 
 (r) See note d to sub. 1 of sec. 569. 
 
 (h) See note e to sub. 2 of sec. 569. ' 
 
 (I) See note i to sub. 6 of sec. 340. 
 
 [u) See note a to sec. 5G9. Where a by-law was passed hi 
 township for the drainage of lands thereir. and in an adjoining f 
 ship and a-sseaaing property owners :;» both townships, it wa 
 that the by-law was invalid because the petition therefor i 
 describe the property to be benefited and the by-law itself wiiiij 
 shew the property to be benetited disclosed that the petitionen 
 not the majority of the owners of the property. Re Romni 
 Mersea, 11 A. R. 712. 
 
[s. 569 21. H ,. 570.] 
 
 FORM OF DRAINAGE RY-LAW. 
 
 567 
 
 dhas also procured plans and estimates of the work to be 
 
 i 'ri^'bv the said » and an assessment to be made by him of 
 
 al property to be benefited by such drainage {or deepening, or 
 
 lih'^me may be), stating, as nearly as he can, the proportion of 
 
 I** fit which, in his opinion, will be derived in consequence of such 
 
 " g igf deepening, or o« the cast may ht), by every road and lot 
 
 ^""tion of lot, the said assessment so made, being the assessment 
 
 '"''^'^after by this by-law enacted to be assessed and levied upon 
 
 '"^^"' and parts of lots hereinafter in that belmlf specially set 
 
 nnc lots -- . ., , 
 
 Lb and described 
 
 and the report of the said 
 
 ^ in 
 
 t thereof, and of the said drainage (or deepening, or as the case 
 '^L) being as follows : {here set out the report oj the engineer or 
 
 Zyvr employed.) {r) * • • ..i wv- i • t 
 
 ' 'j ^yiiereas the said council are of opinion that tre drainage of 
 * pijity described {or, the deepening of such streuin, creek or 
 
 I'r-couise, or an the case may he) is desirable : ((/') 
 
 Rp it therefore enacted by the said municipal council of the said 
 
 h hip of ' P"''^"*'^* t*' the provisions of The 
 
 It That tlie said report, plans and estimates be adopted, and the 
 jiaiu (or deepening, or as the case may be) and the v/ork'j con- 
 ted therewith be made and constructed in accordance therewith. 
 •y Tliat the reeve of the said township may borrow on the 
 lit ot the corporation of the said township of (x) 
 
 jj of , being the funds necessary for the work, and 
 
 [v issue debentures of the corporation to that amount, in sums of 
 less than §100 each, and payable within years from 
 
 date thereof, with interest at the rate of per centum per 
 
 , that is so say, in (iusert the manner of payment whether 
 mml faytnents or otherwise), such debentures to be payable 
 , and to have attached to them coup<>U8 for 
 payment of interest, (y) 
 
 1, That for the purpose of paying the sum of $475, being the 
 lilt chari'ed against the said lands so to be benefited as afore- 
 other "than lands (or roads, or lands and roads) belonging 
 e municipality, and to cover interest thereon for ten years, 
 ic rate of (five) per cent, per annum, the following special rates, 
 and above all other rates, shall be assessed and levied (in the 
 inauner and at the same time as taxes are levied) upon the 
 rmentioned lots and parts of lots ; and the amount of the said 
 ial rates and interest assessed as aforesaid against each lot or 
 ,ji lot respectively shall be divided into equal parts, 
 
 m such part shall be assessed and levied as aforesaid, in each 
 I for years after the final passing of this by-law, during 
 
 the said del)entures have to run. (z) 
 
 I See note h to sec. 569. 
 
 I See note t to sec. 569. 
 
 [See note f to sub. 2 of sec. 569. 
 
 ■See sub. 6 of sec. 340 and notes thereto. 
 
 |S<« note / to sub. 3 of sec. 569. 
 
 1 
 
 f 
 
 1 
 
 1 
 
 
 
 
 
 ii'.''. 
 
 
 'i!li, 
 
 ^r:' 
 
 
 
 
 i;i;ij' 
 
 
 
 §a. \:\ 
 
 
■i ■■■ i. "Msm 
 
 558 
 
 THE MUNICIPAL MANUAL. 
 
 [s.5"(j. 
 
 tj ♦ 
 
 i' 
 
 
 -— ^ 
 
 
 
 
 
 
 
 
 
 
 
 
 •^ « eS "^ • 
 
 
 
 
 
 
 g a « t- 2 
 
 
 
 
 
 
 Anni 
 
 Assess 
 
 during 
 
 year fo 
 
 yea 
 
 
 
 
 
 
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 . 
 
 
 eS 
 
 
 
 
 
 
 iiM 
 
 
 
 
 
 
 o 
 
 
 
 
 
 
 « . 
 
 * 
 
 
 
 
 
 a, V 
 
 
 
 
 
 
 w-s 
 
 
 
 
 
 
 18» 
 
 
 
 
 
 
 -»A 
 
 
 
 
 
 
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 H 
 
 
 
 
 
 
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 t- c8 -ti 
 
 
 
 
 
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 S 03 e« 
 
 
 
 
 
 
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 Ǥ3 2^^ 
 
 
 
 
 
 
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 Eh^o-. 
 
 
 
 
 
 
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 d 
 
 ii8§888 
 
 8 
 
 s 
 
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 "I 
 
 © 
 
 10 
 
 
 3^ t- in « 00 in oi 
 
 t^ 
 
 M- 
 
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 ^ ft 
 
 
 
 
 
 
 r^ 
 
 
 
 
 
 
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 S] . 
 
 
 
 
 
 
 p^ 
 
 
 
 2! 
 
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 p . 
 
 
 
 u 
 
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 «11 
 
 
 
 
 
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 -l-> 
 
 
 
 -1 
 
 
 
 ^ 
 
 m^coooos o 
 
 
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 ? 
 
 
 
 li 
 
 
 
 1 
 
 =»;z;|- :z; 
 
 
 .2 ^ 
 
 
 
 p- 
 
 a: r; 
 
 
 k^-' ^ 
 
 
 
 tl 
 
 c 
 
 
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 •«■ 
 
 
 ■2 :^ 
 
 
 
 
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 ^4 
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 0! 
 
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 S-2 
 
 
 
 rt'7* 
 
 
 
 O »3 
 
 
 
 
 
 
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 ^ -i 
 
 
 imendment 
 o' by-law. 
 
 > 
 
 ^ > 
 
 4th. For the purpose of paying the sum of §120, being the! 
 amount aasessed as aforesaid against tlie said roails (or lands, oin 
 and lands) of the said municipality, and to cover interest thei-eoj 
 (ten) years at the rate of [Jive) per cent, per aninnii, a special raj 
 
 in the dollar shall, over and above all otlipp rates, lie 1 
 (in the same manner and at the same time as taxes aie levied) i 
 the whole ratable property in the said Townshiii ^^ '"i 
 year for the period of years, after the date of the final | 
 
 this by-law, during which the said debentures have to run. 
 
 (2) In the event of the assessment being altered hi 
 
[8.5l 
 
 81S 
 
 ax OS 
 
 O 
 
 
 S--^ 
 
 o ^ 
 « o 
 
 I— t 
 
 -2 ■" 
 
 Lf $120, being the I 
 Iroails(o)' lands, oiT 
 In'er interest thereoj 
 linnuin, a special ralj 
 111 ntber rates, k 1 
 
 J taxes arc levied) i 
 Iwnsbii) of in I 
 lilate of the final 
 
 tures have to run. 
 
 I '71 /Dl PUBLICATION OF DRAINAGE BY-LAWS. 
 
 Revision or Judge, the by-law shall, b( 
 I 11 passed, be ameutled so as to correspond with such 
 
 55& 
 
 I rtof Revision or Judge, the by-law shall, before being 
 
 passed, be amended so as to correspond with such 
 
 I .j^j, by the Court of Revision or Jud^e (as the case 
 
 „v jj^ (.jise tlie council sliall finally pass the by-law before ^1°''^*'^" 
 1 ,„p for appealing to the Judge has expired, or while an Taw passwi 
 
 hv-hivf has^ been passed, proceed and deterniitie the 
 
 ilJi'i;.: 
 
 tell is pending before him, the Judgeshall, notwithstanding Sm?„?d'' 
 
 ' 1 • and if he varies the assessment, the council shall 
 
 Ef . unendin" by-law alter the by-law in accordance with 
 
 S variation in the assessment made by the Judge, 49 V. 
 
 i:71__/l) Before the final passing of the by-law it shall be Publication ■ 
 
 Oil \ ' pi_ ' 1 r r 1 • of drainage ^ 
 
 I i,ii^i,e(l once or ofteiier in every week tor tour weeks in by-laws. 
 
 \ li newspaper published either within the municipality or 
 
 the county town, or in a public newspaper published in 
 
 ■vdioinin*' local municipality, as the council may designate 
 
 resolution, (h) together with a notice that any one intend- 
 
 Lto iiPply *'* have the b3'-law, or any part thereof, quashed 
 
 Lst not later than ten days after the final passing thereof, 
 
 I1V3 a notice iu writing upon the reeve or other head officer, 
 
 I jipQn the clerk of the inunicipality, of bis intention to 
 
 lake application for that purpose to the High Court at 
 
 feiiito durinn' the six weelfs next ensuing the final ])assing 
 
 ithe by-law. "(c) 46 V. c. 18, s. 572 (1) ; 49 V. c. 37, s. 25. 
 
 I Where the assessments were altercil but the by-law was not 
 
 ■eiuleil before being finally passed, and it was impos.siblc to dis- 
 
 erfnmitiie alterations as made the total anun. lit of tlie special 
 
 airainst each lot or part of lot, and therefore the amount to be 
 
 inllv levied, tiie defect was held fatal. Be Funnloii ami Tilbury 
 
 11 U. R. 74. 
 
 A proposed township by-law relating to drainage M'as published 
 
 f» newspaper in a larj e town, and f<n' all other than municipal and 
 
 cial husines.s practio'illy the county town and situate two miles 
 
 ^ the county town. There was no newspaper published in 
 
 township, or in the county town, or in the next adjoining 
 
 nicipality ; l)ut there were newspapei-s published in several small 
 
 bes sninewhat nearer to the townsliip than the town, but their 
 
 jiiliition was much smaller in the township than that of the town 
 
 «r : Held, that the publication was sutlicient. Re Oallervo aihl 
 
 HmuhiVofUi)chcMer,A%\l.(^. Q. B. 279. Non-publication of 
 
 I notice required by this section is not fatal to the validity of a 
 
 law. In re Fergiisou and the Towmhip of Hoivick, 44 U. C. 
 
 ,41. 
 
 iiil' 
 
 mm 
 
 bein<^ altered l)^^B) This is more tlian is required in the case of quashing any other 
 
560 
 
 By-law may 
 be served on 
 property 
 owners, 
 instead of 
 published. 
 
 If no appli- 
 cation (o 
 
 THE MUNICIPAL MANUAL. 
 
 (2) The council may, at their option, instead f 
 publication in a newspaper, direct by resolution that ^^^\ 
 of the by-law and notice, written or printed, or partly * ■ "''^1 
 and partly printed, be served upon each of the several "''*"'r 
 their lessees or occupants, or upon the agent or -ao T 
 such owners, or be left at their places of residence v jtl ' 
 gro'vn up member of the family, or where the land is " 
 cupied and the owner or owners, or their agent orat'e t" 
 not reside within the municipality, may cause to be s ^ i 
 registered letter to the last known .iddress of such ow 
 owners, a copy of the by-law and notice, and the by-law k i3 
 not be finally passed until after the expiration of three 
 from the last of such services, and the clerk shall kp * 
 file in his office a statutory declaration or declarations I i!!l 
 f)arty or parties making the service or services iin/tJ 
 manner in which the same were effected. 4G V 
 572 (2). See sec. 622. 
 
 572. 
 
 and tki 
 
 f.l8,i 
 
 (1) I" case no notice of the intention to maJ 
 quashmude a])plicatioii to quash a by-law is served within the t' J 
 ipeciflei, by-li>"ited for that purpose in the preceding section, or if J 
 i.« t„ »,P ii(,tic(> is served then in case the application is not niiulp 
 is unsiiccesstul, the by-law shall, notwithstandinf any w I 
 (»f substance or form, either in the by-law itself or in thi 
 time and manner of passing the same, be a valid by- 
 
 law tu be 
 ▼alid, not- 
 withstand- 
 ing defects. 
 
 •law. 
 
 description of by-law. All that is in general necessary ia that tn 
 application to quash should be made within one y«ar after the na«iJ 
 of the by-law. .Sec. 3,*i.'i. In the case of a by-law proiiuiluatj? 
 registered no application can l)e entertained after the expiration « 
 three months from the promulgation or registration. 8ecs. H34iii 
 The omission from the notice of the words ' ' during the six weeksneu 
 ensiling the publication of the by-law " does not render the hvlJ 
 invali<l. Re McLmn and Opx, 45 U. ('. Q. H. ,325. Where] 
 by-law, as finally passed, differs from that published only iu resn 
 of changes made in the assessment by the Court of Hevision and 1 
 the County Judge, it is not necessary to pu))lish the bvia'vaiaL 
 after such changes. H>. Applicants to quash a by-law navinwl 
 lowed in their application the notice given by the council shmildD 
 be prejudiced because that notice was incorrect. In re RokrtmM 
 North Easthope, 15 (). U. 423. 
 
 (d) In the case of an ordinary by-law, if the application toqu 
 be not made within the time in that behalf limited, seenotertot 
 571, the court will not entertain it. But the validity of the byl 
 is subject to be incidentally questioned in any action or procea' 
 that may afterwards arise in reference to it. Sutherland v, 
 Xibnouri, 10 U. C. Q. B. 626. Here it is provided that if no nina 
 be served within the time limited, the by law shall, notwithstaidB 
 "any want of subatance or /orm, either in the by-law itself or in then 
 
[a.5n(2j,H|973(l)-] 
 
 AMENDING DRAINAGE BY-LAWS. 
 
 561 
 
 instead of sncJ 
 tion thatatopjl 
 )v partly writttj 
 B several owneJ 
 Jnt or agents ol 
 idence villi somj 
 he land is uno( 
 ;ent or agents,, 
 se to be sent I,, 
 of such owner oJ 
 d the by-law shJ 
 on of three weeW 
 rk shall keep ol 
 eclarationsbyiU 
 services, and M 
 
 ■ 'iCV.c,18,i 
 
 nteution to mal 
 
 within the timJ 
 section, or if thj 
 n is not ma(le( 
 tanding any tA 
 ,w itself or in tkf 
 I valid by-law. 
 
 lecessary is that tbJ 
 
 year after the passiij 
 
 law proniulgatal, g 
 
 ,er the expiration o 
 
 ition. Sees. H34,; 
 
 ng the six weeks nd 
 
 )t render the hv-ljJ 
 
 B. 325. Where! 
 
 isheil only iu resp 
 
 it of l{evi3ion ami I 
 
 ish the by-ia'Vi 
 
 a by-law Having ii 
 
 he councils" 
 
 III re Rokrtm a 
 
 application to qm 
 lited, see note f tot 
 [alidity of the by-li 
 1 action or procee<" 
 
 I Sutherland v, 
 Ided that if no notj 
 Ihall, notwithstacdi 
 
 law itself or in the ti' 
 
 means pro- 
 " for 
 . letion 
 
 of t)te work. 
 
 . Wiiere the application is made, and is successful in 
 much of the by law as is not quashed upon the 
 *^' ^tinn shall be valid, notwithstanding any want of 
 SbSce or form aforesaid. 46 V. c. 18, s. 573. 
 
 -„__/n In case a by-law already passed, or which may Power to 
 
 ,'f 'after passed, by the council of any municipality, forTaTwhe^n 
 
 Iconstruction of drainage works by assessment upon the«^ffl«i|»t 
 
 1 operty to be benefited thereby, and wliicli has been vided for 
 
 ifupon bv the construction of sucli works in whole or in^^K 
 
 \ does not provide sufficient means, or provides more 
 
 *^ ' sufficient means for the completion of the works, or for 
 
 *"• demptioii of the debentures authorized to be issued 
 
 * under as the same become i)ayable, the said council 
 
 I^from time to time, amend the by-law in order fully to 
 
 •out the intention thereof, and of the petition on which 
 
 Maine was founded, and to refund the surplus (if any) to 
 
 tlipn owners of the land pro rata according to the original 
 
 Lsment. (e) 46 V. c. 18,'s. 574 (1) ; 49 V. c. 37, s. 26. 
 
 Banner of passing " it, be "a valid bii-law.'" In other words, that 
 ?, jjy reason of some substantial defect, is utterly void when 
 
 no 
 
 dect 
 
 1 afterwards becomes a valid by-law in consetiuence of the 
 -ct (if some person interested, within ten clays after the parsing 
 'e bv-la^^' to gi^'e notice of bis intention to make application to 
 h tlie by-law. This is certainly a vigorous application of the 
 ni " Viqilamibiix von dormkiifibui jura sithveniuiit. "' The section 
 loteveii the (]ualifying words ''.So fur as the same ordains, pre- 
 es or directs anything untliin the proper cominttiict oj'llie council,' 
 I in sec. 3.31. See note t to that section. But it remains to be 
 Bed whether the omission of those words is to be belil to confer 
 ifer suli modo to pass a by-law clearly beyond the competence of 
 Ijiouucil. See also sec. 352. 
 I Where drainage works was constructed imder a contract and 
 un work not provided for by the contract was done without 
 I the tlrain would have been useless it was held although there 
 lo formal resolution of the coiuicil authorizing the additional 
 tnor any contract thereof under the corporate seal that the cor- 
 ton was liable. Greeji v. Townnhip of Orford, \'> (). R. 506. 
 I a drain had been constructed and accepteil by the council from 
 ontractors as completed, a balance of the assessment remained in 
 inds of the municipality which in compliance with a petition 
 Bted by the plaintiflf and other contributories to the fund was 
 ded ratably by them. The plaintiflf had been allotted a section 
 work and had been paid therefor though he had not fully 
 lout his contract. After the defendants bad so disbursed the 
 nuunt of the assessment, the plaintiff' claimed to have discovered 
 ie drain had not been properly constructed according to the 
 lof the engineer and sought on behalf of himself ami other rate- 
 I to compel the municipality to complete the drain according 
 
 71 
 
■\%' 
 
 m 
 
 i 
 
 r>62 
 
 Provisions 
 reMpot'ting 
 
 piuiNiMl under 
 the preood- 
 
 ll)^ NUl),<00- 
 
 tioii. 
 
 itfv. Stat. c. 
 37. 
 
 When 
 
 liolHMllUI'PS 
 
 not invitlid 
 tlioiiKh not 
 in Hconril- 
 ance with 
 by-law. 
 
 Wlipn \fork 
 
 may W 
 
 oztendcil 
 
 beyond 
 
 liniitM of 
 
 nuinlfllpii- 
 
 Htv 
 
 TIIK MUNICIPAL MANUAL. 
 
 (2) Wlioro a by-law which has boon horotofoiv 
 which may bo hereafter passed under the iu'dvi.sioi^ 
 precedinj^Hub-sectioii, l«as been or shall liereaftcr hiM lit 
 in the manner required Uy section 571 of this Act ■• 
 of a city, town, or incorporated villa<,'e, iuis Iuhmi or.sh'ii' 
 notiiied in tho manner reipiirod by .s(iction <]l>2 Hfct' ' 
 shall apply to such by-h w, and any by-law pas.scd uiul' i 
 .said precedinsj; sub-section need not bo published unl,*,! 
 council se(w fit ; and the provisions of y/,,,, u . 
 Diuuuatfi' Aid Act shall ap[)ly to any debonturo,« issu,>,l i 
 the authority of tluf said sub-.sectioii which Ji.no |,n.,J 
 been or shall hereai'ter be purchiised by (liivction ft 
 Lioiitenant-<»ovenior in Council. 4(5 V. c. IX. 
 
 574. No (h'benture i.ssued or to bi, issued 
 
 %«. -Tti 
 
 \filS. Wlm'c ti 
 
 Itiie iiiiinicipH 
 
 I opinion of t 
 
 KJs in iwi iidj(»ii 
 
 llyiii/f witliin 
 
 liieipalitip«, ((/) 
 
 I clmi'^'f tlie I/i 
 
 oil ov conijMUi^ 
 
 tproportioii of I 
 
 Jliieiiiiiounfc .so 
 
 Rf.iors, sliall l)( 
 
 jjcipality or con 
 
 fl. 'flic ('U^'iiic 
 livpcrt to t!)e cc 
 forks .^liid! be t 
 Bisc of .sucli IIIU? 
 
 under aii 
 law afor(\said shtdl be held invalid on account of tl . 
 not. being e.\pres.sed in strict accordance with sudi l 
 provided that the (Ud)entures are for sums not in the 
 
 o.Nceedini' the amount authorized by the l)v-l'ui- i^^^B.i ,t»i. .. 
 
 p *' "j ''>'»^. Iti^^Bxlift! ic there agjiii 
 
 575. Where it is neeossary to (jontimie tlio works 
 said beyond Ww limits of any municipality, tiic oiii'iil 
 surveyor (Muployed by the council of such inuniuiiiiilitl 
 continue the survey and hn-els into tln^ adjoiuli),, 
 ])ality, until he finds fall enough to c'lrry tlio wutw 
 tlie limits of the nuanicij)ality in which the work wa 
 menced and until he obtains a suHlcient outlet for the 
 and in every such ca.se he may charge the land.s aiul 
 the same extent and in tlu^ sanu' manner as is i)rovi 
 the next su(!C(MMling .section. ( /") 4(] V. o 18 .s jl 
 V. c. 37, s. 27. • ' • ■ 
 
 to the plans, &«. Held that tho pl.iiiitilT htiiii'^ liiinself a dej 
 tlio pi'rf()rni;\nco of his contni^t Jind liavin,!,' been a \yav[\ [ 
 iiig ii distrilnitiou of tho surplus of tho HikI wliii'li otlicnvj 
 liivvcl)oon (lovotod to attiiiiiiii;,' tho ohjoct .sought hy liim, 
 ro(|uin> tho oouiioil to (.-xoiMito work whioli thoy liii'l not tj 
 to i)iiy loi". Di/loii V. To in II nil I p of Unlfhjh, \'.\ X. \\. 5,"?, 
 
 (/) .'Vpparontly, tiie oiigiiioor or snrvoyor iip|miiit(i(ll)y tij 
 is, in tho first iiistaii'^o, to judifo of tin- nocossity of ooiitij 
 works l)oyou(l tho limits of tlio inunioipality. If he tliiiii 
 8:iry he ni ly contiauo tlio survey and levels into the adjoiq 
 cipivlity, "iiii/il ho finds fall cnongh to carry the wate; 
 linuts of tho mnnioipality in which the work was coinnien 
 nunticipality, and no officer of any municipality, hiw pnJ 
 interest of the public, to drain water on to the land of any j 
 
 ipi'il to rcinovt! 
 
 0, i) ('. H. im ; 
 
 s. I of .sec. Afif 
 
 llti^a I'onditjoti i 
 lot jurisdiction o\ 
 ] liy a iiiajorit_y' o 
 J iu the nuiiiicifjii 
 Itol. /iV /Jorcr a% 
 
 Iriif engineer oi' .hiu 
 laiiKMint to he pan 
 J i'rovKsion i.s hcroji 
 11. The amount, 
 list" be paid out (■ 
 1). A county mnj 
 ■citliu to\vn.sliips f< 
 ifiiiipnn-ed and ho 
 I'i "lying wit ill,, a 
 Ir t'. il ii. r,2:{. 
 piions did nof, ^i 
 Itratdr,, were Ijem 
 I'll of the ci).«it of t 
 
 Piili. Township ,;y 
 
 m see He Doner \ 
 n.V.\. Wl,e,.os 
 p should lj(! one 
 ihdttukr, 42 (/. 
 
 M- to adjudicate 
 pr, but they sho 
 pii apportioned an 
 Ned. lU Dover 
 
 
live passpilij 
 visions of 
 '»' Vm> pn\)\islj 
 A.ct, ovin( 
 R(m or shall 
 22, section 
 ivsscd nudcrj 
 ■iIumI unli>s.s| 
 77h! iWiiuifl 
 ros issued ui 
 hciN'o h(M'et(| 
 (liroctiou nil 
 
 IS, s.: -1(1 
 
 id under imi 
 )imt of the 
 ivitU svu'i\ 111 
 not in tlio 
 by-law. Itil 
 
 w tho wvM'ks ^ 
 ity, tiio eupm 
 
 n\unieii«liti 
 
 iidjoiniiis; in 
 
 t\ie wiitcr 
 
 U\o worli wa 
 
 lutle.t fof tlw 
 
 iands iiiul i 
 
 as is \m\'i 
 
 V. c. 18, s. 31 
 
 ;4 himself ;i ile| 
 Kjeii a \Kirtyl^ 
 k-hk'li otlienvil 
 ^rlit liy liiiu, 
 •v lia'l not tl( 
 
 l\ A. r>. 53. 
 
 Ippoiutcilby ta 
 l^sity of contil 
 If lie thin* 
 Into the ailjoin 
 ^•y the \v;ite; ' 
 . was conuuen 
 I'llity, h;« M 
 le land of any I 
 
 AITOKTIONINd COSTS OF DRAINAOK. 
 
 rtfi Wliero fc'"' works do not oxtriul luiyond the liniiti 
 
 Pi munit'ip"'''*'^ ••> which tlioy iiro coininonced, hut, in 
 
 I ' ion of tli« niginiM^r or surveyor aforcHuicI, l»(Miefit 
 
 Vj" ,1,1 adjoining municipality or gi-ciitly itnjjrovij any 
 
 iV'ml' witliin any municipality, or Initwccn two or moro 
 
 [.■'aiitips (,'/) ♦^■IX'" t.h(i engineer or surveyor aforesaid 
 
 11 1 ir'o tlus lands to be so benelited and the corporation, 
 
 rconilMUiy whoso road or roa<ls are im|)roved witli 
 
 . .(,norti()n ot'tlui costs of the works as ho may <i<>em just ; 
 
 rL,„„ouiit so ohargfHl for roads, or agi'ced upon by the 
 
 L oi-s- sliftll he paid out of the geni-nd funds of such 
 
 Liiiality oi" co'»'l»»"'y- (''■) '^^ ^- ^'- ^^^ •^- •''77- 
 
 L f]„, ,,iigineer or surveyor aforesaid shall determine 
 I wrt to tbc council by which he was employ(Kl, wheth(M' 
 brkssliidl be constructctl and maintained sohdy at the 
 spof such niunici|)ality, or wluther tlioy shall be (ion- 
 
 1 if tiiece against tlu' will of the in'oprictor. Seu Norfliwooil 
 f!.lii/'|i/'/i'"/'''V'» '^ ^^- ''■ •"''*"• ''"' lattiT part of tliis suction 
 uitmil t') reniovo a diHioulty pointed ont in /{r Dovir and 
 '^^f.O. R. 325 ; 1 1 A. K. '24S ; VI S. < '. W. .'{'21. Sco also note 
 
 li's. 1 of see. 550. 
 
 lit is a condition precedent to tho actpiiHition by one niunici- 
 
 V| Jurisdiction over lands situate in another that a petition 
 
 liv a majority of the owners of tiie projierty to bt; l)enetite(l 
 
 .intiie municipality nndertakiny the work should lirst be 
 
 fctnl. Ik Dortraiiil'vlmthntii, Vl^. V,. \l.'.Vl\. 
 
 ITk'tiigineer or surveyor ia in the lirst instance made the judge 
 
 lamiiunt to he paid. It may be any sum that "/c nuiy deem 
 
 provision i.s hereafter made for appealinj; from his decision. 
 
 The amount, whatever it nniy be when ultimately dett^r 
 
 (I be paid out of the general funds of the nuniieipality or 
 
 A county may be deemed an "adjoining municipality" 
 
 fcitbe townships fornung a part of such county, ami county 
 
 lit improved and benefited, are roads belonging to a "corpoi-a- 
 
 lil'lvin" witliin any municipality." /// re Ksni\r and iforhi'<- 
 
 Tu. ('. Q. i'- 5'2;?. Wliere an award made on an appeal under 
 
 (uviMons did not specify the lands which, in t'.ie ojdnion of 
 
 ytratoi.., wero l>enelited, nor charge s\icii lands with a just 
 
 Ln of tlie cost of the works, the award was, for tl)is rea.son, 
 
 Llid, Toimi-iliip of Thurloir v. '/'oinis/iip of Siiliic.i/, I O. H. 
 
 fcutsee Re PoDer and Chatham, 5 (), W. 325 ; 11 A. 11. 24S ; 
 
 iR, 3'2I. Where several nnniicipalities are assessed for the 
 
 lere should hi! one arbitration between all interested. Jn re. 
 
 lllochestn%4'2 IJ. C. Q. K 523. The duty of the arbitrators 
 
 lerely to adjudicate upon the bulk sum charged by the report 
 
 beer, but they should consider the numner in which such of 
 
 Ms apportioned and wduit the lots are among which it should 
 
 hioned. Re Dover and Chatham, 12 S. C. R. 321. 
 
 663 
 
 Wnan lanUi, 
 lie. In 
 ndjoinlng 
 luunlcipBllty 
 may bo 
 charKOd 
 through 
 worlcH not 
 carried Into 
 Much niuni- 
 pallty. 
 
 Ilcport iM to 
 which 
 
 miMiiolpshty 
 to bear 
 expunae. 
 
 List" I 
 
 kjiiil,f 
 
 I 
 
 'if, 
 
 i4i'i I 
 
 

 '■m^ 
 
 I 
 
 w. 
 
 w 
 
 iy<" 
 
 564 
 
 THE MUNICIPAL MANUAL. 
 
 [u:; 
 
 structed ard nmintainod at the expense of both 
 
 Plana, etc. 
 
 ties, and in what proportion, (t) 46 V. c. 18 g 57«"^''''' 
 
 578. Tlio c>igin<!er or surveyor aforesaid, ( j) whe 
 sary, shall make phms and specifications of the w .t"*** 
 constructed, and charge the hinds to ho hen('lit.f] ^^'' 
 work as provichnl herein, (k) 46 V. c. Ih s. ST*) 
 
 579. The council of the nnmicipality in wliieh tl 
 ening or drainage is to he conmienced, shall servo tlie'P 
 the cotincil of tlie municipality into which the sam ' 
 
 f conti:KU-;l, or whose lands or roads an^ to he h(.iw.«t i J 
 
 2 -^ out the deepening or drainage benig ('ontnuied ih il 
 
 '"■sisessinfiit, ; 
 
 (■niincil nf 
 
 niunlcipality 
 
 whoroin 
 
 work is to 
 
 b<t Imgun to 
 
 notify 
 
 muni 
 
 »<> b' 
 
 'j<'i eiJt»,d 
 
 copy of the reporl, plans, specilicatioiii- 
 estimates of tht; (Uigineer or sui've^or aforcsiiid • ( 
 
 (»') It m;iy hi' proper undor certiiiii oircuinstanceH to sul 
 , irtioular iiUMiicinality in which tlie w(irk is itoniiianci., 
 entire cisfc theroof, or it may lie pnmer to snliject the 
 
 '«)! 
 
 iject 1 
 
 piirtieular iiUMiicinality in which tlie work is iioiiiiiaiici,! t 
 
 iiiiuiieijmlity or sonic portion thereof, or some roads tli^ 
 a jiroporLiouivto part of tlie coat. It is lor tiie enyiuitr or li'^^j 
 in the lirst iiistaiioe to lU'torniine die mutter. Iltijj renulll 
 report liis (leterniin.itioii to tlie eouiieil tluit eiuiilovwl 
 he rinil tliat the woik slioulil be (hme at tlie cxiieiise fl 
 iiiunioipalities, lie is also t() report " in irhal propoition' 
 ahouhl oontriiuite. See A't Oorcr aud ('fiaflmm, II A. IMkI 
 S. (;. H. :i'2l. 'I'he eiigineer or surveyor iiuust, in uiisu laud ^ , 
 bcyoiul the municipality eommeneing the work :u\ to l^. aj, 
 assess "every road and lot or iiortion of h)t"' ace(ir(!ing to'tlien 
 portion of hciielit the same, in his opinion, derives from or will id 
 front the work. It must be ihme so that eacii iniiniciijalitv i 
 understand f«tr what and ujion what the assessment Ims boeu i 
 ill order to test its own liability, and to ascertain in likenunnerl 
 what and upon what land or roads the otii'-riiiuiiicipalititsliaveii 
 assessed. //( re Esski- mid liocfK-flcr, 4'2 U. ('. (), ]}. ;-,o;^ j^- j 
 where only one municipality was interested the allnwaiue in 1 
 i'Tigineer's re|Mirt of a lump sum as "ehargeable to nnmnipalitjH 
 roads" was held sutlieient. In re. Uohcz-tsun and North Hd'tkovW^ 
 O. H. 4'2.S. If il is necessary to make the report intolliirjljlj t|]^^ 
 should be ;iceompanied by plans or specitieations, such ukal 
 speoificat'ons must accomnaiiy the report. See sees. H) ) ami oJSj 
 
 ij) i. e., the engineer ..r surveyor ai^ liiitcl Ir, % countill 
 "xnmiue the creek, stream or .vater-courae proposi'd to Ix deea 
 or the locality proposeii to be drained. See note // to sec. M 
 
 {k) See note { to sec. oTT. When works are e.xtwided 'tiiio 
 tinned into an iidjoiniug township beyond the limits of the tuwi 
 in which they are commenced the roids in the former towiiskipj 
 thj town line are liable to be assessed in jiroportion to the b 
 derived by them therefrom. lie Dover and Chatlum, 11 .iH.j 
 
 (/) See note i to sec. 577. 
 
 (tft) The service is to be of a copy cf the report, plans and i 
 
566 
 
 . 18, 8. hU. 
 
 i, vi) w^^ere ne.^ 
 i)f till'- works 10^ 
 1 l)t'!\ctited l)v tH 
 h, s. 51'.). 
 
 ill wliielt Uip ile( 
 -11 stM'vo the hcaJ 
 li tlie saiuoistoj 
 I 1)11 luMUititi'd *iu 
 ontinued, {!) wiili| 
 
 IS, .i.!iS»>SSllH'l\l, 
 
 aforesaid ; [rn] 
 
 istances to siilijecti 
 
 is commiMiccil to 
 
 8u\)jei't the aiijoii 
 
 souu' Vdiiils thtrtin,] 
 
 10 eugiui'fi' ur snKtj] 
 
 cr. Me is rciimrwi 
 
 lilt eui\il(iyi.'il liiiii, 
 
 ,t tl\u (jxiwiwe oi 
 
 u-hat \)rovovtian" 
 
 I ham, n A. H.'24S;] 
 
 st, ill ciisu laud nr 
 
 iirk are- to \k us 
 
 ■" acuovding to \\\t[ 
 
 irivesfnmiurwillilei 
 
 cacli umiiioipality 
 
 DssuK'ut has teen 
 
 rtaiii ill liV.e msnnetl 
 
 imuiici\)!dititsliivtl 
 
 ('. Q. B. 5-23,m; 
 
 d the allnwanoe it ' 
 able to nmuR'ipalitjj 
 and North tlwi 
 
 report iut'^llii;iUc ill 
 icatious, such i)laBi 
 See sees, "iti I ami 5'SJ 
 
 /nitc'l hj 'lu couDtilj 
 proposed to hi 'leep 
 ?, note /' to sec. "'" 
 
 ,s are exteiuled .'oil 
 ■he limits of tlietoi 
 the fornier township i 
 Proportion to tlie w 
 ChntlMW,\\ A.'' 
 
 report, plans and 
 
 581 (1)1 APPKA'^ AGAINST COST OF DRAIN AGE. 
 
 I ^^„„, is apptMilod from nH h(iroin«f't«M' ])rovided it 
 1 hiiidiiif; "" *-'"' council of Huch nuinicipality. (?t) Hi 
 
 ■a/\ TliP coniuul of HUch lust niontioiu'd iiiuiiicipHJitv M"nicipi*Hty 
 
 68U> "" ^' ., J. ,i I ■• i. .1 1 I "u NO notified 
 
 Jl within four mouths from tho d(!livery to tho hoad ot ,oquirca 
 
 corporation of tlui report of tlu; («o«inoor or surv<^y(j.-, \'^^^^l^y 
 |nn)vid('(l i" t''*' "••''^ procodiufj; suction, pass a by-law oinmomiti.. 
 J .• to raise suidi sum as may ho. numod in tlu! I'oport, 
 . .j^,. ot'aii appeal, for such sum as may be di;tormiiiod 
 the arhitiivtors, {(>) ii' tiu; siuno manner and with sudi 
 r nrf)vi.sioii8 as woidd have boon proper if a majority of 
 o\vii('r.s of the lands to b(i tax«>d had petitioned i»'. pro 
 i„ section nO'J of this Act. (p) 46 V. c. IH, s. r.Sl. 
 
 1 M\ Tlie council of the munieijiality into which the ""t ^"•'h 
 
 1 [') 1'"' ^_ 111 1 inuniciimlity 
 
 is to 1)0 contmued, or whose hinds, road or roads are may appoai. 
 benotittMl without the work beinjj; (-arried witliin its 
 may, within twenty days from the day in which the 
 t was served on the head of the municipality, (7) 
 I therefrom ; (r) in whicsh case tl<ey shall serve th(> I'rotpetlinps 
 
 and estiiiK'tii.s of thn ciijjinecr or surveyor, so fjir as tlu^y 
 1 the adjoin'. ij,' iiumicipality, and must ho on the head of tli*^ 
 eiiality. It i.'^ imt liho tho service t)f tho notice uiidur sec. 57 1. 
 " must he )n the head of tho muiiieipality oiid the clerk. 
 
 1) ^'oe note / o sec. .WO, and note j* to see. 581. 
 
 \ Set' note h to see. .'iTfi. Whei'o an award has been made niulor 
 ection, the township to he henetited must |iass a l»y-law to rah-^o 
 111! ;iwarded against them, and cannot refuse payment until tho 
 lis mini'h'ted. Chatham v. Somhni, 44 V . C. Q.'B. 305. Thcie 
 [reiiu!ily expressly provided for tho case of iiiiproi)erly or insulli- 
 r uxecuted diainage work. If not executed at all, the money 
 I recovered as on a failure of consideration. Ih. 
 
 Tlie ohligatioii to pay for tlio work may arise either when a 
 Sty of owners in the particular municipality petition under sec 
 ntlahy law is thereupon passed, or when such a petition aid 
 I bydav ia passed under the operation of which land in iti 
 Idnj; munieipality is likely to be benefited, and has been sn 
 by the engineer or surveyor. This section provides for tln' 
 f alternative. 
 
 |Ae to computation of time, ser note b to sec. 185. 
 
 IHe appeal can only be had within the time and in the maunir 
 
 Ttdirected. The right of appeal is given, as it were, only on 
 
 I conditions. The right can only be exercised within twenty 
 
 oiu the day on which the report was served on the head of 
 
 Dicipality. The mode of its exercise is by service withip that 
 
 11 
 
 
 i 
 
 
 
 
 iiiii^ii, 
 
 
 K-! 
 
 ■ -I^^BS' 'v'tiv 
 
 
 
 ■ ft,, 1 
 
 
 
 14. 
 
 1 ■! ■■ 
 
 V 
 
 '•^'' ■•„ 
 
 
 ^:';. 
 
 
 
 ,»,'■ 
 
 
 
 1 
 
 
 m 
 
 1 
 
.tfM 
 
 :^m 
 
 
 566 
 
 i 
 
 1 k 
 
 Arbitrators 
 ahall be 
 kpiMjintud, 
 eto. 
 
 THK MUNICTPAT, MANUAL. r. tc 
 
 [s, 581 1 
 
 head of the corporation from which they revived tt 
 with a written notice of ii|)))eal ; such notice hIihII /*'' 
 ground of appeal, the name of an engineer or othf 
 as tlieir arbitrator, {s) and shall call upim sueli co ' j 
 to appoint an arbitiator in the matter on their Ui 
 within ten days after the service of such notice, (t) 
 
 (2) When it is proposed to continue the (leeper I 
 drainage from the municipality in which tlif; same ' " J 
 commenced into another municipality, t\]u\ uiu.,, .i* r 
 misapprehension or mistake the council .served u ti 
 report, plans, and specifications of the eiiyiii,,t.,. o,, ,'j 
 omits to appeal tlitirefrom within twenty days tlie I i 
 the County Court of tlu! c(»unty in which the inuniL'ii r 
 served as aforesaid is situated may, upon applicatioi ., 
 time before the drainage works have been already cdu 
 
 or the contract let for the same, or the dcbonluieslin i 
 actually issued under thesaid by-law,after tlit'saidtwnitvii 
 have elapsed, by order, grant pei-mission to appeal nm 
 terms and conditions, as to costs and otherwise as he 
 just and reasonable, within a time to be limited l)v l,ii 
 order ; or the other council or councils interested mavi 
 re.solution waive the lap.se of the said time, and in city 
 sucli cases the ])roceedings for apjieal shall he the sj 
 would have i)een required if the appeal liad licen f,J 
 with in the proper time. 
 
 (3) The summons to shew cause why an appeal sliouldl 
 be allowed shall not be retur-mible in less than seven] 
 from the service thereof, and the council or cotinoilsl 
 have power to amend any by law or by-laws which inftvf 
 been passed as shall become neces.sary or proper, bv J 
 of the appeal or the result thereof. 40 V. c. 18, s. 5!)2j 
 
 582. The arbitrators shall be appointed l)v the parti 
 manner hereinbefore provided by the sections of thiij 
 with reference to arbitration, and shall j)roceed as ta 
 
 time of a written notice of ai)peal. The appeal U limited | 
 report of the engineer. Tlie Biitticieiicy of the l)y-!aw ami tin 
 tiou on which it is biised can he loft to the action of the court 
 proper apphcatic n. Per Hagai. y, C. J., in H" BvcrmdCk 
 1 1 A. R. '248, 249. See also ri-nuirk.? t f (Jwyime, J., S. C. t| 
 R. at p. 34.'1 .See aec. (Jf) of 'J hf A ».'<(\s„m':iif AdiM<\ mtai 
 
 (s) See notes a and h to set. ?S5, and note d to sec. 387. 
 
 (() As to computation of time .ee note h to sec. 18o. 
 
 H^ 
 
^H ,«/'l\l KKl'AIRS TO DUMNAOE WOKKS. 
 
 567 
 
 ] . (u) l)ut in no cuso 8hall the ensjincer or .surveyor 
 1 ' .1 to inakt! Hinveys, plans and spocifiuations, nor any 
 .!■ or person interested in the construction of any 
 
 or person 
 i' i,rks be fii)pointed or act as arlutrator. (r) 40 V. c. 
 
 i]\ After such work is fully made and con ipletcd, *•'*«'»'" 
 
 ^^l^ /viLii ^ • • i-i. • ii i.- <'ir'i>Hty 
 
 683'(0 
 
 Kach muni* 
 
 -(W ■^^'^' I • • *^ 1-^ • xi ' • ' rir'uHty to 
 
 . . 11 1,^. the duty ot each nuinici})ality, m the j)roportion contnimteto 
 . (11 ni-lu'rwise determined l>y the engineer or arbi- proix.rtioim 
 
 ,. llllllM'l"" ' i-x- 1 1 fixed hv 
 
 uiidt'i' tl"' «'»'»»' tormalities, as nearly as may he, as engineer. 
 1.(1 ill the preceding .sections, to preserve, maintain and 
 repair the same within its own limits, either at the 
 , of tlie nuitiicipality, or parties more immediately 
 bNted 01" 'it the joint expense of such parties aiul the 
 „ilitv as to the council, upon the report «»f the 
 
 L'r or surveyor, may seem just, (a) 4b V. c. 18, 
 
 s. 
 
 Anvsiich nmnioipality negleittinf' oi- refusing so to do, Coinpeiiing 
 ireasoiiiihle notice m wi'itnif,' being given by any person tie» to make 
 jested therein, and who is injuriously atfected by such 5«;;j''^^«^'/ 
 ft or lefusal, may be compellable by mamluiaus to berciiaira. 
 Ibv any < 'ourt of competent jurisdiction, to make from 
 Ito time the necessary repairs to preserve and maintain 
 »me ; (6) and .shall be liable to pecuniary damage to 
 mm wlio or who.so propi^rty is injurit>usly allected by 
 I of siieh neglect or refu.sal. (<;) 47 V. c. 32 s. 18. 
 
 iThe (leeueuing, extending, or widening of a drain in R»'Pair and 
 
 ' ° niaintun- 
 
 (See sec. 38"), H xeq. 
 
 te note : to sec. 390. 
 
 Ilietluty to repair uiuler this aection is not conrined to drains 
 JH iniiiuine inuniciiJiility to anotlier, but applies as well to drains 
 feted by a inuiiicipality wholly within its own limits. White v. 
 \ifofiioKjidil 10 A. R. 5r)5 ; 2 O. R. '287. 
 
 \mlamm is not the appropriate remedy to compel a municipal 
 Itidu to keep a highway in repair. Indictment is the Common 
 jiwlc of procedure in such a case. See note p to sec. 531. 
 |tlie case of a drain tiie reason for the preference of an indict- 
 kik Hence the remedy by mandamus is, untier this section, 
 Jressri'inddy. Itcannot be invoked unless there be a neglect or 
 |ou the part of the opposing municipality, after reasonable 
 I writing given by any party interested therein. 
 
 ) note b to sec. 483. 
 
If mi' 
 
 I 'i. 
 
 
 5C8 
 
 •ncM, what 
 
 TIIK MUNICIPAL MANUAL. 
 
 li'liig 
 
 IIJ 1 
 
 Putv of 
 minor muni 
 cipaliiinK UH 
 to repairing 
 worki 
 
 Power to 
 Rhan(t« 
 courHO of 
 druiu, miik'j 
 new outlet, 
 etc. 
 
 Rev. Utat. 
 oapii, 3«, 37. 
 
 tll-:illl( 
 
 ordor to (miiiI)1« it to carry oH* tim water it was o ' • 
 »lesii»ri(Mj to vwYvy otr, slmll lio (leeiiuul to he a worif • 
 s«»rvation, maintiMrumc, or keopinj^ in nuMiii. ^j.i" '" 
 iiu'aiiiiif^ of this section ; provided the co«t of sue|, ^..j " " 
 does not exceed the huiii of $200, and in every cime mi 
 exceiids that amount, proceedings shall ho taken uiid."" 
 provisions of section ^y^^^t. {'/) 4H V. c. 39, « •>(] /.> 
 0. 29, s. 47. ■ " ' 
 
 684 After i»ny works undertaken under «».(•! i,,), 5f|^ 
 fully made and completed, it slmll l)e the duty nf t'ltcln ■*" 
 muiii(Mpality to preserve, niaifitain and ketiii jn tvip ij 
 .same within its own limits, in accordan<;(< witJi tlic n- 
 miints 'of the preceding section, which sluiil \n^ i, 
 thereto. 4(5 V.' c. IH, s. 585. '' 
 
 585. In any case whei-ein the better to iiiaintiiin Hiivdia, 
 construettMJ undei'thc; provisions of this ,Vct, ornf TlfOni', 
 Drainnije Act and amendments thensto, or of 77(,. (^.i! 
 Drain.nyp Act of 1873, oi- of any other act rospeotiiiiri'ra 
 works and \ov.\\\ assessnu-nt therefor, or of '/'/jg j/i^,,;,,,,. 
 Drahtoijo Aid Act or to prevent daina,u;e to juljjK-fnt laml 
 shall he deemed exjtcdient to change the ooursL'of siulMliij 
 or make a new outlet, or otherwise improve, extend oim 
 the drjiin, the coiincil of the municipality or of iinvfi 
 municipalitit!S who.se duty it is to preserve .'ukI niiiinfmi 
 said drain, may, on the i-eport of an engineer a|>])i)imh| 
 them to examine and r-ei)ort on sucli drain, undeitaLvaiii 
 complete the alteiations and improvements or extaui 
 specified in the report undei" the provisions of seitiom ,K| 
 to 582 inclusive, without the petition re(|iiir(;(l by sp^ij, 
 56'.). 40 V. c. 18, s. 58(J; 47 V. c. :52, .s. l<);4sr 
 39, 8. 27 ; 49 V. c. 37, s. 28 ; 50 V. c. 21), s. 39. 
 
 (rf) A by-law passed for rai.siti<j the unpaid portion of the ei^* 
 of cleaning out and repairing a drain, otherwise good on itsfactn 
 ol)jeotu(l to on the ground tliat while the resolution anil hykwa 
 izing the work to be done were for such cleaning .and iep;iiriiii,MiJ 
 the work actually done included deepening which it was contful 
 could only be done by petition therefor under sec. 509. Itappt 
 that the deepeiung if done at .all, whicli was doubtful, »x< ila 
 .iccidentally and not by design. Under these circiinistances, 4 
 objection being without merits, and as nuich inconvenience indj 
 have ensued had the by daw been quashed an application tkia 
 was refused ; and quaere whether the municipality had not pn 
 without petition to do such work, including deepening, as miglilli 
 incidental to maintaining the drain in an efficient state, %i| 
 Township of Southwold, 6 0. R. 184. 
 
[»• 583 (])^Bu(; (4).] RKPAiRs to dkainauk workr. 
 
 fl-d) I» *"y ^""'^ wherein aft«r hucIi work is fully 
 
 and coiiiplotod, tlio same hiiH not lieen continued into 
 
 ,ili,.i' iiiunicipiility tliiin timt in which the Maine was 
 
 ,,,,,,,.,1 or wherein the lands or roads of any such other 
 
 •iiHiIitV in'fi "**^ l)enetited hy .such work, («) it Hhall be 
 
 'I'utvof the iiiiiniripality niakinu; such work, to preserve, 
 
 ' tiiii iiiul l«'*'l' '" •■♦'1'"'''' ^''^ *«•"><' 'it the expense of the 
 
 ',ii.(y lit" lots and roads, as tluj case may be, as agreed 
 
 Oiiiuiil slu'wu ill the by law wlien tinally i)assed. (/) 
 
 \p) In fttiV t-ase whore siinilac work has been constructed 
 
 Kof tlie LfPiu'i-al funds of tlie municipality, the council 
 
 witlit'iit ix'titioii, on thti report of an engineer or sur- 
 
 Ifor Piiss ii 1)V-Ijiw for preserving, maintaining and keeping 
 
 Ireiiair tli^winK' at the exi)erise of the lots, j)arts of lots 
 
 hwls, as tlio case may V»e, benefited by such woi-k, and 
 
 assess such lots, pai'ts of lots and roads so benetited, 
 
 hlic expc"«<^ thereof, in the same manner, by the same 
 
 mliii"s, and snbj(!ct to tin* same right of appeal as is 
 
 fiileil with ro'i-ard to works made and comphited under 
 
 piovisini.s ot^this Act. IG V. c. 18, s. .587 (1, 2); .'>0 
 
 |e.29,s. 40. 
 
 |3) Tlic coitiuil may, from time to time, change such 
 jgsiiit"it on the rcjtort of an engiiu^er or surveyor 
 oiiitcil bv them to examine and report on such woi'k 
 
 livii.iirs sulijirt to the like rights of ap))eal as a person 
 goil would liave in the case of an original ass(»ssment ; 
 
 I the said I'unnoil shall ai>point a Court of Uevision to 
 
 giilcr sucli ai)j)eals in the manner heretofore provided, (y) 
 J.i.: :'!», s. H, part. 
 
 i) Tlic deopt'iiing, extending, or widening of a drain in 
 it to enable it to cany oti' the water it was originally 
 
 569 
 
 Workii not 
 ostfiiJud 
 beyonil 
 muiilolpallty 
 Romini'iinlnK 
 n«ini', I'll!., 
 or which <lo 
 nut buniiflt 
 any other 
 municipa- 
 lity, to he 
 nialntnlnvd 
 hy munici- 
 pality rom- 
 niunriii)^ 
 gainu. 
 
 When work 
 Im8 been 
 piiid for Diit 
 of fiinil^i of 
 inunlripi|,llty 
 repair iii.iy 
 l)fi c'hiirjjcd 
 >in pro|)i-rty 
 hco-jntca. 
 
 A.«:i('syinent 
 niiiy I'C 
 cliiinucd. 
 
 Iti'piiir and 
 mainti'li- 
 iiiicc, what 
 deenied. 
 
 i See note i to sec. 577. 
 
 Sii' sec. 570. An .absoluto duty to repair is imposed on tlie 
 
 dimlity. For neglect of that (bity an action will lie at tlie 
 
 bf any <"ie iiijiued by such neglect. Wfiifr v. Toiriis/iip of Goh- 
 
 [10 .A. It. ")")') ; 2 (). It, 287. I'Cc sonable notice in writing is a 
 
 quisitc to the iiiaiiitcnance of an action for damages arising from 
 
 I to ri'iair. Sea Cri/.slcr \. Townsliip of Saniid, ]5 O. K. 180. 
 
 [Tlic power is " from time to time " to change the assessment, 
 Ws Clin only be done on the report of an engineer or surveyor 
 Bteil to examine and report on the drain, deepening or repairs, 
 lot such chi'.H'tt should of course be given to the parties con- 
 ', 80 that they may, if dissatisfied or aggrieved, appeal therefrom. 
 
 I 
 
 I! 
 
 :h 
 
 ii 4r 
 
 |fi 
 
 I', 
 
m 
 
 tm^ • ! V 
 
 
 Kepayment 
 of advances, 
 
 thepM 
 
 570 . THE MUNICIPAL MANUAL. f 8. 586 /I 
 
 designed to carry ottj shall be deemed to be a work of 
 ervation, maintenance, or keeping in repair witj,; ^ 
 meaning of this section ; provided the cost of such extc ' 
 does not exceed the sum of $200, and in every case »h'° I 
 it exceeds that amount, proceedings shall be taken T\ 
 the provisions of section 585, 48 V. c. 39, s. 26 ('A- kuvI 
 c. 29, s. 47. \-h^\>\.\ 
 
 (5) In any of the cases referred to in this and 
 ceding sections, any moneys that have been or may h I 
 after be advanced by tlie council of any municipality out 
 its general funds in anticipation of the levies to be mad f 
 the purposes of the said sections, shall be recouped to 
 municipality so soon as the moneys derived from the ^ 
 ment shall have been made. 50 V. c. 29, s. 41, «art 
 
 587- The provisions of sections 583, 586 and .589 oft 
 68»i and 689. Act shall extend to drains coniitructed under the proviiia 
 of the T/ie Ontario Drainage Act, and amendments thereti 
 or of The Ontario Drainage Act, 187S, or of 'Ike M%nm 
 Drainage Aid Act, the wt)rd " assessors " beinf siibstitue 
 as to such drains for the word "en<,'ineer" in thetLirdt 
 of section 583. 48 .V. c. 39, s. 2G (1). 
 
 Application 
 of 88. 6tJ3. 
 
 Rev. Slat. 
 caps. 30, 37 
 
 UraiDR to be 
 kept free 
 from 
 obstructioDB. 
 
 Kev. .«tut. <!. 
 30. 
 
 588 — (1) 111 the event of any ditch, drain, creek oi nk 
 course that has been constructed or opened upundeitlni 
 visions of The Ontario Drainage Act, or any of the anfn 
 ments thereto, or under the provisions of {tny i\ct re>p«iii 
 drainage to be paid by local rate, beco)ning obstmaedJ 
 that the free flow of the water is iuipedtd theieby, iff 
 aforementioned obstructions have been wiltullv or tlir 
 negligence placed in such ditch, drain, cretk, oi water-cimJ 
 by any party or parties tlirough whose land, oi betwtenwliii 
 lands, such ditch, drain, creek, or watercourse is siiuate,! 
 paity or parties causing the same shall, upon notificaticnl 
 writing by the council of the nuinicipality, or an cl 
 appointed by the council for the inspetticn ortaieofdn 
 remove such obstrvctions, and if not so removtd witLiii| 
 time speoitied, the council shall, without lurthirdtlaj-, I 
 the same removed at the cost of tlie said party or fai 
 46 V. c. 18, 8. 588 (1) ; 49 V. c. 37, s. 'ISi.jjak, 
 
 (2) If such cost is not paid by the party oi pHititsloi 
 person performing the .same vhen the work is conipltiidil 
 council shall pay the amount to the paity piiioiniiii{;[ 
 work; and the clerk of the municipaliiv hljall pLui 
 
 mm 
 
[8.586(l).Hs.589(l>] 
 
 REPAIRS TO DRAINAGE WORKS. 
 
 671 
 
 unt upon the collector's roll against the party or parties, 
 'Tl e case may be, with ten per cent, added thereto, and the 
 *" g ahall be coll^cced like other taxes, subject, however, to 
 ** appeal by the said party or parties, in respect of the cost 
 the work, to thfl Judge of the County Court of the county 
 •" which the lands are situate, in the same manner as is pro- 
 ""■l d bv section 11 of The Ditches and Watercourses Act (h) \^' ®***' *• 
 Jv.ci8,s.588(2). 
 
 \ /i\ A nv ntTsonor persons who shall wilfully and intention- Penalty tor 
 I («J) A"j jjci au f- i i. J J obstructing 
 
 Lly obstruct, fill up or injure, any drams constructed under drain 
 lie provisions of any of said Acts, or wilfully or intention- 
 illy cut, destroy or injure any embankment or other drain- 
 ce work connected therewith, shall upon the complaint of 
 he council of the municipality, liable to keep such drain, 
 jbankment or work in repair, and upon conviction thereof 
 efore a Justice of the Peace, be liable to a fine of not less 
 ban $1 nor wore than $50. 49 V. c. 37, s. 29, part. 
 
 539_/l) Where the repairs, required to be made under p?''*' *® 
 ither section 583 or section 586, are so extensive that the tor repairs to 
 lunicii)al council does not deem it expedient to levy the cost ^^l^ 
 hereof in one year, the said council may pass a by-law to 
 orrow upon the debentures of the municipality the funds 
 cessary for the work, and shall assess and levy upon the 
 opcrty benefited a special rate sufficient for the payment of 
 ! ijiincipal and interest of the debentures ; the by-law shall ' 
 ot require the assent of the electors. {%). 
 
 \[k] A by-law defining the duties of inspectors of drains and enact- 
 
 j tliat obstructions wilfully placed in drains should be removed by 
 
 I parties placing them there or at their expense without regard to 
 
 ether such parties owned the lands through or between w^hich 
 
 lb draius were situate ; that if such obstructions were removed by 
 
 (council the cost should on completion of the work be paid by the 
 
 iDcil instead of enacting that it should be so paid only in the 
 
 ftnt of the party chargeable with the obstruction failing to do so ; 
 
 |t if paid by the Council the amount of such work should be 
 
 pged on the collector's roll against the lands of the party charse- 
 
 j instead of only against the party himself and not providing for 
 
 lippea! against the charging of such work upon the collector's roll 
 
 I quashed as varying fiom the provisions of the statute in matters 
 
 eting the riglits of property and of taxation. In re Clark and 
 
 mhip o/Huwayd, 9 O. R. 576. 
 
 This section does not authorize the passing ofa by-law for clean- 
 -cut or improving a drain without the due observance of the fer- 
 ities mentioned or referred to in sec. 583. It must be read in con- 
 itioQ with the sections mentioned in it. AUxanikr v. Totemhip 
 Umrd, 14 0. R. 22. 
 
572 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 589 (2), 
 
 itoT. Stat. c. ^2) The provisions of The Municipal Drainaye Aid A 
 shall apply to any debentures issued under the autho "^ 
 of any such by-law, if such by-law, befoi*e it wo s finally im \ 
 was published or notified in the manner provided by sect ' 
 571 of this Act, or, after it was passed, was promulgated ^^ 
 
 the manner authorized by section 329 of this Act 
 c. 18, s. 589. 
 
 46 V 
 
 Case of drain 59Q_ jf a dram already constructed or heiPnffo.. 
 
 used by . ^ j i • • i-i. • i ,V "^"'''"ei' con- 
 
 another structed, by a municipality, is used as an outlet, (j) by anotli 
 munioipa- municipality, company or individual. Or if any nuinicipHliJ 
 company or individual, by any means causes waters to fin 
 upon and injure the lands of another municipality, couinan 
 or individual, the municipality, com[)ai)y, or individual \ml 
 such drain as an outlet or otherwise, or causing water? t° i 
 flow upon and injure such lands, may be assessed insuchnro. 
 portion and amount as may be ascertained In- the eiicinepi 
 surveyor or arbitrators under the formalities except tU 
 petition provided in the foregoing sections for the construction 
 and maintenance of the di-ain so used as an outlet as afore- 
 said ; or for the construction and maintenance of such drain I 
 or drains as may be necessary for conveying from such laniis 
 the waters so caused to f ow upon and injure the same m 
 V. c. 18, s. 590 : 49 V. c. 'M, s. 30. ' J 
 
 P'''','."'^'Vf 591. If any dispute arises between individuals or l)ct«eeii| 
 
 doDoby"' individuals and a municipality or company, or l)et\veen 
 
 refomd'to " company and miniicipality, or between nuuuoipalities, as tol 
 
 arbitriitioD. damages (k) alleged to have been done to the property of aiirl 
 
 (j) Where auch a drain is constructed }>y a municipal ciir]K)r,itioiL 
 those whose land is l)enefited thereby are called upmi to cwitnbDM 
 towards the cost of construction ami niainteuancf. Sec. 5()9. Ifsud 
 a drain be used by another municipaHty, company or imlivi ltii\l i 
 an outlet, or otherwise, it is only just that suuh muiiicipalitv, com! 
 pany or individual sliould be assessed proportionately for coiistriictiol 
 and maintenance. The proportion is, is in the first instance, to I 
 ascertained by the engineer or surveyor, subject to appeal, asprovidj 
 ed in the precediug section.s. It only remains to be iiotiLtil that tlii 
 section is, on the face of it, applicable " to a drain (dmuJij m)stmi 
 ed," as well as to drains hereafter to be coustnicted. 
 
 (.':) The ordinary mode of redress for damages alleged to liavel 
 done to pro[)erty in the construction of public works, or arising tb 
 from, in the absence of legislative provision to the contrarj', is) 
 action. But where the Legi.slature has provided a special inixlfj 
 determining such matters, that mode and no other is the one t«j 
 followed. See Veshy of Si. J\ncras v. Batttrsbiiry, 2 C B. 
 S. 477. 
 
DAMAGES CAUSED BY DRAINAGE. 
 
 573 
 
 jgjpjjlity, individual or company, in the constructic 
 T\mae works, of consequent thereon, (/) then the n 
 
 Hon of 
 
 drainage woiiis, "' ..v,^.^^^^.-- -, v/ ^ '""'?^" 
 
 • litv company or individual ctmplaining may refer the 
 '^'^tter to arbitration, as provided in this Act ; (m) and the 
 arardso made shall be binding on all parties, (w) 46 V. c. 
 
 18, i 
 
 591. 
 
 Roo Where on account of proceedings taken under this Damages 
 Act or The Ontario Drainage Act, or ether Acts respecting drainage to 
 drainage vorks and local assessments therefor, damages are J,'f, ^J»;k«<» 
 
 poveied against the corporation or parties constructing the liaWe for 
 !d!-aina<'e works, or other relief is given by any judgment or a^lh^ige. 
 i igj. of any Court, or any award made under this Act, all '<«▼• ^tat. c 
 such damages, or any sum of money that may be required 
 to enable the corporation to comply with any such judgment, 
 [order or award, made in respect thereof, shall be charged pro 
 irate upon the lands and roads liable to assessment for such 
 Idrainace works ; provided always, that if to enable the cor- 
 oration to coniply with any such judgment, order or award, 
 ' shall be necessary or expedient to change the course of any 
 drain or to make a ne^' outlet or otherwise improve or alter 
 toy draiu or drainage works, the same shall for all purposes 
 
 ire the same. IS^H^^ — ■ 
 
 1 (/) It has been held that a party owning a house in which he 
 eairieil on an inn was, not entitled to be compensated for the 
 [direct injiuy to liis trade resulting from tiie diversion of traffic 
 luseJ by an unauthorized act of lowering the roadway, but only for 
 rect structural injury occasioned by the unauthorized interference 
 tth his cellar. BiiJd v. London, L. R. 15 Eq. 376 ; but see Ricket v. 
 Ittrofolitan R. Co., L. R. 2 H. L. 175 ; DtUce of Bucclench v. Metro- 
 li'MH Board of Works, L. R. 5 H. L. 418 ; Beckett v. Midland 
 ir Co., L. \\. 3 C. P. 82' McCarthy v. Metropolitan Board of 
 Ms, L. R. 7 C. P. 508 ; L. R. 8 C. P. 191. 
 
 (ml See sec. .385, et seq. When a nmricipality without a by-law 
 
 erefor constructed drains by which offenfcive matter was discharged 
 
 I a creek running through the lands of the plaintiff, it was held 
 lit the plaintiff was entitled to maintain an action for his injury 
 "itained and for an injunction and wjis not compelled to sue those 
 
 10 had discharged the offensive matter into the drains nor to seek 
 remedy under the arbitration clauses, nor to resort to mandamus 
 
 compel better drainage. I an Egmond v. Totmi of Seaforth, 6 0. 
 99. See also iVa/o« V. Township of Mer .sea, 9 O. R. 611 ; Alex- 
 T\\ Towmhip of Hoioard, 14 0. R. 22. But where work was 
 
 le under a bylaw and there was no negligence proved it was held 
 compensation for injury caused by the work must be sought as 
 ided by this section. Preston v. Corporation of Camden, 14 A. 
 
 185. 
 
 See note e to aec. 398. 
 
 '3 
 
 :: If 'v:W \ 
 
 I 
 
 il 
 
^;74 
 
 III 
 i 
 
 Ufls, \ 
 
 ■ 
 
 ['A 
 
 'i=^f-^4$ 
 
 
 Carrying 
 drains into 
 adjoining 
 lotfi or 
 across 
 iiighways. 
 
 Rev. Stat. 
 
 Power to 
 oontraut to 
 spread, 
 earth, etc., 
 on making 
 ditch for 
 drainage. 
 
 THE MUNICIPAL MANUAL. 
 
 and in all respects be dealt with and carried out and all 
 and operations in respect thereof shall be executed i i\ I 
 formed as if the same were alterations and improv 'j 
 vithin the meaning of section 585, and all provisions Til 
 Act applying to, or in respect of any work, alteration 
 improvement pi-ovided for by the said section, shall an 1 
 any work, alteration or improvement intended toben -jj 
 for by this section. 49 V. c. 37, s. 31. ' °^^« 
 
 593- lu case any person finds it necessary to contin 
 underdrain into an adjoining lot or lots, or across or 1 J 
 any public highway, for the purpose of an outlet tlierel 
 and in case the owner of such adjoining lot or lots 3 
 council of the municipality, refuses to continue such i 
 to an outlet, or to join in the cost of the continuation of J 
 drain, then the firstly mentioned person shall be atliherf I 
 continue his said drain to an outlet through such adi 
 lot or lots, or across or along such highway; (o) and in 
 of any dispute as to the proportion of cost to be horn 
 the owner of any adjoining lot or municipality, tlie 
 shall be determined under the provisions of and in the 
 manner as is provided for the determination of similar 
 V. putes bv The Ditches and Watercourses Act 48 \'^ 
 s. 28. ' 
 
 594. Where, under the provisions of sections 569 to d 
 both inclusive^ of this Act, a ditch is being constnieted [ 
 drainage purposes along a road allowance, contracts mayk 
 made by the municipal council so constructing for spread] 
 the earth taken from the ditch on the road ; [p) and if tliet 
 or any part thereof is timbered, or if stumps are in tuei 
 the timber may be removed ; and not less than twelve feej 
 
 (o) No man or municipality has a right in the absenee of 
 to the contrary, without the consent of the owner to enter 
 property for the purpose of continuing an under drain, or for 
 similar purpose. The power is here to some extent conferred, 
 to continue the drain " to an outlet " " through such adjoining li 
 lots, or across or along such highway." Care must be taken by 
 person exercising the power not to make such adjoining land orl 
 way a receptacle for water drained off his land. See note a to si 
 of sec. 550. 
 
 (/)) It has been held that a municipal corporation who laid i 
 street over the land of a private individual and appraised the dam 
 may, in reducing such street to the proper grade, carry the soil tt 
 from and deposit it on a street in anotner part of the same am 
 pality. City or New Haven v. Sargent, 9 Am. 360. 
 
ections 569 to 61 
 
 qo/n] DITCHES BETWEEN MUNICIPALITIES. 
 
 ^ra nf the road shall le grubbed before the earth is 
 
 centre w 
 
 575 
 
 bread upon 
 
 it, 46 V. c. 18, 8. 594, 
 
 - fjijjg lemoval of the timber, grubbing and spreading Payment by 
 K u'th to<'ether with such portion of the cost of the {uy"'*' *** 
 T '^^ the'en"ineer or provincial land surveyor may deem 
 
 id out STts general funds, {q) 46 V. c. 18, s. 595. 
 « ^iiere it is necessary to oonstrvict such a ditch along ^""^^J^j: 
 
 coimcil of eitlier of the adjoining municipalities may, „^,„,„ip„,i 
 
 ista: 
 
 I to*" 
 
 , ni-ooer shall be charged to the municipality and 
 
 tch 
 
 line 
 
 , i,etvveen two or more municipalities, the muni- on town iin» 
 
 betweun 
 
 ttio"' ''^^ provided for in .section 569 of this Act, (r) ties. 
 
 tlie ditch to be constructed on either s'de of the 
 Tllowance between the municipalities an I ake the 
 d in nwnner as provided in the last pr— ':— -— •— = — 
 fKic Act. and shall charge the Ian 
 
 eceding two sections 
 nds and roads bene- 
 
 1 
 
 I this Act, . • T, • • r,- •,, 
 
 the adjoining municipality or municipalities witl 
 
 i , p,,o,)ortiou of the cost of constructing the said ditch 
 
 the engineer or surveyor aforesaid, deems just and 
 
 uef (sfaiul the amount so charged for roads, or agreed 
 
 'Si by the arbitrators, shall be paid out of the general 
 
 Jsof such municipality or municipalities. 46 V. c. 18, 
 
 |596. 
 
 leo7 Thp iirovisions of sections 569 to 632, both inclusive Sees. 50»-632 
 
 IO9I' i»^ I" „ , « 1- 1 1 i. 1 j-i I to apply. 
 
 Ithis Act shall a|)ply as far as applicable to such ditch. 
 
 46 V. c. 18, .s. 597. ' 
 
 Ig98-(1) Where any works proposed to be constructed in JJJ^'"*^,™**''*' 
 Llnpilitv under section 569 aft'ect more than one munici- munu^ipaiity 
 
 n mumi.' , (• 1 1 • ii in name 
 
 Itv, either ou account of such works passing, or partly county, 
 Lmr through two or more municipalities, or on account affected 
 
 Jsing. iniwu„i ^ _ I , county 
 
 Ithe lowering or raising or the waters 01 any stream or council may 
 ;e which is contemplated in the proposed scheme of drain- P*"* '^y-'aw. 
 
 I The engineer or provincial land surveyor has a l<ir£;e discretion 
 Berred upon him. Whatever he deems "just and proper" in 
 lect lit tlie expenses of the removal of the timber, grubbing and 
 sadin" ot the earth, is to be charged to the municipality and pai»« 
 lof its "eneral funds. This of course intends a decision V)y the 
 [cr indicated acting in perfect good faith. See note b to s. (»12. 
 
 |r| See notes to s. 5G9. 
 
 I See note (/ to sec. 595. 
 
 I) The ditch meant is one along the town line between two or 
 e municipalities, such as provided for by sec. 596. 
 
 iP'il 
 
 'Wu' 
 
 llllii 
 
 ^ 
 
 ii':'!'''i! 
 
 i'" ;;;■ 
 
 
 ;,1 .-'X 
 
 mi 
 
 ■■"Vm 
 
67G 
 
 THE MUNICIPAL MANUAL. 
 
 I. 
 
 Sections MiO- 
 
 Hge, either draining or flooding lands in two or tno 
 ships, the county council of the county to which sud 
 cipalities belong, upon the application of the council T 
 of the municipalities affected, and without any nrpli 
 ))etition from the owners of the property to be 1 T 
 may pass bv-laws for the purposes authorized hv i\ 
 section. 46 V. c. 18, s. 598(1). ^"'" 
 
 (2) Unless where contiarv to this Act the Drovi.;i I 
 and'6«i"tr sections 569 to 574, 570, 590 and 591 shall apply J j 
 3ku'naer ^"''^^ Constructed under this section; but theCouvtJ 
 thiswctiou. held for the trial of complaints in the first instance shall 
 cotnposed of three or more persons, nominated !»■ 
 county council for that purpose, who may or niavntl 
 members of the council, as the council may deem exDpl' 
 and any three or more of the persons uoniinated who 
 present at the sittings of such Court, may i)rocee(l 
 adjudicate Ufjon any complaints, notwithstandiji" tlieahs* 
 of one or more of the members of the Court. The enffin 
 or surveyor who made the assessment shall not beamml 
 of the Court of Revision. 46 V. c. 18, s. 598 C^) 40 
 c. .'^7, s. 33. ^^'' 
 
 Where court (3) The sittings of such Court shall be held in tliecoui 
 romniRi'Us to^v". oi" i» such otlicr place or places as the county eouj 
 sbaii sit. or the majority of the said Court may name. All complaij 
 
 against the assessment shall be lodged with the clerk of] 
 
 county. 46 V. c. 18, s. 598 (3). 
 
 County to 599, The couuty shall raise the money necessary for 
 nece8s«r.v constructioii of the said works, but each township! 
 townships to ^'^-^'^^ 'o *'^^ county for the amount payable in respect cj 
 be liable for the lands within such township, and each township 
 ""*■ pass such by-laws as may be requisite for collecting] 
 
 amount assessed against the lands or roads within its jij 
 diction. 46 V. c. 18, s. 599. ^ 
 
 600 — (1) In case the municipalities upon which tliel 
 of the works would fall are in several counties, any ofl 
 counties may procure an examination to l)e made hi 
 engineer or Provincial land surveyor of the lands affecta 
 the proposed works, and may procure |)lans of the w) 
 and estimates to be made of the cost thereof, incIiidinJ 
 estimate of the amount to be paid for damages, if any,] 
 an assessment to be made by such engineer or Provi| 
 land surveyor of the real property to be benefited, sti 
 
 CoDstru'tion 
 of works in 
 several 
 counties. 
 
[s. 598 (^K 1)02 (I)-] 
 
 VOTING ON DRAINAGE BY-LAWS. 
 
 577 
 
 ,|y as may be in the opinion of such engineer or 
 ' vor <^he proportion if benefit to be derived from such 
 ""ks by 6V®''y ^'°*^ ^^^^ ^^'* ^^ portion of lot. 
 
 ,,> ^j^y luunicipalit/ may agree to indemnify the county, Municipality 
 ^llnect of the expenses incurred in the case of the works "SSiv*" 
 'St proceeded with. 46 V. c. 18, s. 600. county. " 
 
 lotbeiugprocee 
 
 (M Th« council shall thereupon, if it considers it desir- if work 
 1)1 to proceed with the work, pass a resolution to this eou^'r' ^^ 
 y fti'd slmll cause a copy of the said report to be pub- J7P»rt^t<'^b« 
 
 , J jj^ least once in nevvspapers published in the county and copies' of 
 fcvflsof the several counties affected, or in newspapers pub-P^*"^"^^'^"- 
 
 ,1 jjj such of the said county towns as have newsj)apers, warden of 
 bt it shall not he necessary that such report shall be pub- ''^^ •'ounty. 
 
 , 1 in more tls.'m one paper in one county town, and shall 
 , to be served a ( opy of the report, plans, specifications, 
 
 timates and assessment upon the warden of each of the 
 
 lier'couuties afi'ected. 46 V. c. 18, s. 601. 
 
 Ljj2_/n In case ten of the owners of the property whea 
 Lse(l, within ten days of the first iniblication of the^g^^^™ 
 
 nici 
 
 Totefl 
 ersoDB 
 ^..., , aspessed to 
 
 rt in a newspjiiter published in the county town of the b« taken. 
 
 ty the council of which pi'ocured the examination to be 
 je petition such council not to proceed with the work, 
 
 h council shall, if it desires to pi'oceed therewith, pass a 
 iav for taking the votes of the persons assessed, upon the 
 
 ition whether or not the work shall be proceeded with ; 
 by-law shall provide for holding a polling place in each 
 ipality affected, whether within or without the county 
 
 line the by-law ; and every person whose lands are 
 leil, or if the lands of a married woman are assessed, 
 the husband of sucli married woman, shall be entitled 
 
 ote upon the <iuestion ; Provided the person proposing proTino. 
 
 [Oteisof the full age of twenty-one years, and shall, if 
 
 lired, name the lands in respect of which he claims to be 
 
 itkl to vote ; and shall also, if required take the oath or 
 lation following: 
 
 looswear that you are of the full age of 21 years, and a natural j-orm ot 
 i(or naturalized) subject of Her Majesty. • oath. 
 
 at you have not voted before' in the township on the question 
 
 Ibeing voted upon. 
 
 lat you are the owner (or cs the. case may he) of the lands in 
 t of which you claim to vote, namely {here ii.cntion the lamlx). 
 
 W vou are, according to law, entitled to vote on the said question 
 
 'l3 
 
 ■,' If*' 
 
 m 
 
 ill, 
 
 lliill 
 
 111 till' I 
 
578 
 
 THE MUNICIPAL MANUAL. 
 
 I 
 
 mm- 
 
 returi-r.' 
 
 o''«er !.. 
 ptuceod: 
 
 »t |)Oll. 
 
 Wlio to be 
 returning 
 officer. 
 
 Service of 
 " requixition 
 of appeal," 
 and effect 
 thereof. 
 
 Time within 
 whicli notice 
 of aopeal to 
 be serTcd. 
 
 Proriio. 
 
 That you have not directly or indirectly, received anv 
 gift, nor do you expect to receive any, for the voto which "''i*' i 
 
 That you have not received anything, nor hiis iinythinp ^ 
 iscd to you, directly or indirectly, either to iiuhice voif t'*^"'" 
 the said question, or for loss of time, travpl'.ing expcng r** 
 tean-, or any otiior service connected therewith. ^''' '' 
 
 That you have not directly or indirectly, paid or prfimjaed 
 to any person, either to induce him to vote, or to rclram ( *" 
 
 'o hi Ip you God. 
 
 (2/ The dork of eacli municii)ality shall act as I 
 :■, . -niDg officer at the polling place in .such ninnicij 
 and *V proceedings for taking the poll shall lie the si 
 neariv ^ may be, as the proceedings upon votinrr ' 
 by-law. 
 
 (15) The clerk of the county council wliioii passed th 1 
 law shall act as returning officer. 46 V. c. 18 .s, 60'' 
 
 603. -(1) If H voto of the owners has been taken 
 they have deciiled in favour of proceeding with the wnH 
 if such a vote has not been taken, then after tiie tin 
 prasenting a petition as aibresaid has elapsed, in cum 
 council or councils of the county or counties uiion 
 two-thirds of the cost of .sucli work fall, shall have 
 a resolution or resolutions to the effect that it is desiiai 
 proceed therewith, the council which caused the siirvi 
 be made may serve upon the waixlon of tlio other coun 
 each of tlie other counties, a notice (hereinafter cjl 
 requisition ol appeal) riMjuiring such county to state w| 
 or not it is content to accept the asse.s.sinent made asi 
 ing the proper proportion to be borne by such count! 
 notifying such council tliat if dissati.sHed with sucli 
 niv^nt they must, within thirty days from the receinti 
 notice by their warden, appeal theiefroni. 
 
 ('2) If the council who.se warden is seived with a 
 tion of appeal do not, within thirty days of such 
 serve the warden of the council fiom which they 
 the requisition with a written notice of appeal, they 
 deemed to have accepted the assessment : Provided til 
 High Court, or a jndge thereof, if it be shewn t| 
 omission to serve the notice of appeal was thiough 
 oversight, or mi.sad venture, may, upon such terms, i 
 court or judge seem just, relieve them and permit 
 appoint an arbitrator. 
 
[s. 602 (^B 1106.] 
 
 APPEAL KKOM ASSESSMENT TC* DRAINAOR. 
 
 ,, t|j gase a cotmcil whose warden is served with a requi- 
 
 •■ appeal is disHatisliod w'^h ilie prorjortioH assessed 
 
 the county, or with tli*) proportion asbessed against 
 
 ,i,er ounty, cJ'fcy sh..!), within thirty da > i of the receij)t 
 
 If, \^quisition by thoir warden, serve ito warden of the 
 
 - from vhich they i?ceivod the requisition with a 
 
 n notice of aj)peal, and shall iilso serve each of the 
 
 .I'eountics attecte<l wi^^ a like notice. 
 
 of appeal, and the 
 council, and shall 
 
 r^79 
 
 PwtioK on 
 whom notice 
 of appeal (o 
 be spfTPd. 
 
 II) The notice shall state the jjrounds 
 Lot'an arbitrator appointed by such 
 
 PnrtlculnrH 
 which notice 
 iRto contain. 
 
 tbe council served to appoint an arbitrator on theii" 
 
 Appoint- 
 ment of 
 arbitrator 
 by county 
 judge. 
 
 When niB.v 
 not be 
 arbitratorf 
 
 Provision in 
 ca»'(t there 18 
 an eyen 
 number of 
 Hr))itrator8. 
 
 .of 
 
 J flithia ten days after service of .such notice. 
 
 In defrtult of an appoint. nent, within the said term, 
 Ij l„g of the County Court of the county ii. default shall 
 loint'an arbitrator for such county. 
 
 Neitlier tbe engineer or surveyor who made the assess- 
 iL uor anv otUcer or ni»'nil)er of any council concerned, 
 
 ||,e appointed an arbitrator. 
 
 I 111 case, after such council has appointed an arbitratoi", 
 [is an even nuuibev of arbitrators, such ai'bitrators shall 
 tau additional arbitrator, or in case of the arbitrators 
 win ' in such selection within thirty days after the 
 Hetion of their number, the Lieutenai\t-(jovernor in 
 [cil may appoint such additional arbitrator. 46 V. c. 
 1603. 
 
 i The arbitrators shall, by their award, determine the 
 rtion of the cost of such work that is to be borne by 
 jof the minor municipalities whose lands are affected 
 ly, 4G V. c. 18, s. 604. 
 
 j. In case of a difference between the arbitrators, the Decision of 
 n of the majority shall be conclusive, and the arbitra- '^."wnahin" 
 all make their award in so many parts as may be neces- 
 ) Mimit of one thereof being filed with the clerk of 
 
 kfthe counties interested, ai'd one shall be filed with 
 Ifrk of each such county accordingly. 46 V. c 18, 
 
 , In case a maiority of the arbitrators are unable within Application 
 itbs of their appointment to agree, or in case, jirior to Court of 
 jpiiation of the said term, they, by an instrument in frbi^tratonT" 
 by the majority of them, declare their inability unai.ie to 
 
 ArbitratorM 
 to apportion 
 cc8t of worlt. 
 
 i 11 
 
680 
 
 THE MUNICIPAL MANUAL. 
 
 ',--:.'pf 
 
 ■m ST' 
 
 to agree upon a complete awanl, any of tlie counties int 
 may apply to a Judge of the High Court to amJul 
 umpire, and the umpire may make an award upon h 
 the jiointH in ditFerence between the arbitrators st ^\\ 
 them, or may, if ho deems neccHsary, re-hear the eutilo 
 or such particular parts thereof as ho considera v j 
 46 V. c. 18, s. 600. "'""I 
 
 607. Any of the minor municipalitiosintonstod niuv 
 
 "liy their head, or by their counsel or iigi'iit, Wt'oie tl '^ 
 
 ti'ators, in support of the assessment, oi- of aiiv v,>,/ « 
 
 WU •■I'l'I'HB *..J |»1| 111 111 1 V ''lliiB 
 
 arbitration, wlucii thoy conteiuleu sliould l)e made ni the pioiioiti 
 which the minor municipalities are assessed 40 V \ 
 H. 007. ' • . (^1 
 
 Kitfht of 
 mtuor muni 
 cipulitie* 
 int»'rc«tfcl_ 
 to appear on 
 
 WhiTu 
 ievHnil 
 cnuntie* 
 Inton-sted, 
 by-laws fcr 
 aoseRHinunt 
 not tn b9 
 paB8C(l pend- 
 IDtr ap))ual. 
 
 Attfr II ward 
 made, or 
 after time 
 for appual 
 expired, each 
 county to 
 pawn by-iaw 
 for luising 
 8um 
 required. 
 
 Application 
 of 88. »S4, 
 692, 5!»8 (2, 
 3), and 590. 
 
 Powur« of 
 inunicipali- 
 tiea to be 
 
 Rul^cct to 
 RfV. Stat. c. 
 109. 
 
 608. Jii case more counties than one are concerned 
 by-laws for assessing the cost of the work upon the \& 
 parcels and I'oads shall be passed until it is iisccitainedl 
 tiiere is not to bo an appeal, or until after the awanl is « 
 where an appeal is had. 46 V. c. 18, s. G08. 
 
 609. Immediatel}' upon an award bein<,' made, or 
 there is no appeal, immediately after the time for app 
 has elapsed, each county interested shall pass a hvla 
 l)y-laws to rai.se the sum chargeable against such couiiti 
 for assessing and levying the same, in aecovlance witl 
 proportions tixed by the report of the engineer or survl 
 upon the i*eal proi)erty within the county to be heiietiJ 
 the said works, and for the ap[)ointinent of a court fol 
 trial, in the first instance, of complaints against .sucli 
 ment in the same manner and subject to the same cond 
 as is hereinbefore provided in respect of a county wl 
 solely interested. 46 V. c. 18, s. 609. 
 
 610. Sections 584, .592, and bdd, and sub-sections 
 ."i of section 598 shall apply to drainage works, in 
 several counties are interested, as well as to woiks 
 only att'ect one county. 40 V. c. 18, s. 610. 
 
 611. In case any of the drainage works herein 
 i-eterred to are to be carried through, across, under, orj 
 the railway of any railway company, in respect of whij 
 legislature has authority in this behalf, the powei? i 
 )nunicipal councils are, so far as regards the railwayJ 
 exercised subject, as nearly as may be, to the ter 
 restrictions contained in The Railway ,ilreets and 
 Act. 46 V. c. 18, s. 611. 
 
 
w' imule. or, iu 
 
 ^ 1 1 LOCAL IMPR0VKMENT8. 
 
 Cf,sl of local fmjrt'o venienU Sees. 012-628. 
 
 flo The council of ovory township, city, town, and 
 fcrlnite'l villiij,'*' mity ('«) l«vss by-laws for the foUowinj; 
 
 I Fir pi<^^'''^'"o ^''^ "leans of asoertaininj^ inid doterniin- 
 
 I hat real propei'ty will be imniediatoly bonnlltod by any 
 
 wl iiii|in>v»'ii>i''i*' the expense of which is proposed to 
 
 ^p„,.(l iVM liert'iiiafter mentioned npon the real property 
 
 Jied tlierohy ; find of aHcertuiniiif^ and dcfterniininj^ 
 MoiKirtious in which the asscssinent is to be made 
 
 iL various portions of real (\state so benefited ; (A) 
 lieio sliiill be the same right of appeal from any Appeal 
 assMsincnt to the Cotu't of Revi.sion, and fi-om tiie 
 uf llevisioii to the County Judge, as is pi-ovided for by 
 111 "jlW of this Act, and the proceedings thereon shnli, 
 as otherwise provided in section fi22 of this Act, be 
 
 581 
 
 Coiinrllx 
 niny mnkp 
 by-lawH for— 
 
 Manner of 
 aHcortaininif 
 real proi erty 
 litinofltKil by 
 local ini- 
 provemi>nlii. 
 
 line respectively as in the case of ajtpeals from ordinaiy 
 •iits under T/ie Asseniftnent Ad. (c) \7 V. c. 32, s. 
 
 iv.'c 29, s. 48^ 
 
 hliia and thf following sections to (530 inclusive applies, 
 
 any incorporated village or settleniout and its iinniudiato 
 
 jdiiriidoillie wholly within the limits of ;i townshiji, and wln-ii 
 
 isitooes iif its inlialiitants arc suHieieiitly near to (vifli otluT, 
 
 ,pmion of the eouiieil of such township mmiicipiility, t') nu- 
 
 siiiw ilcsirahle, and the council of the township in which the 
 
 lare situate, on tiie petition of a majority of the ratepayers 
 
 1 the area to he set off, one-half of whom shall be resident free- 
 
 livliv law, set such unincorpnr.ited vilIa,L;e or settlem(.'nt and 
 
 jO'jiiioiHl apart from the remaininii ])orti(in of the township in 
 
 Ithi' same are sitiiiito, and with l)(mndaries to be respectivt ly 
 
 ijauil declared in the by-law for the purpose. See sec. 17 (3) (''). 
 
 Thet'ourt will not entertain an a))plication to set aside a by-law 
 latter of fact, which, according to this Act, or a by-law passeil 
 fit. shoidd be ascertained and determined by an otticer of tin- 
 latim, in the alwence of fraud or corruiit conduct being imputed 
 hiwv. Sea/;* rf Mkhio and Toronto, 11 U. ('. C F. 37'.> : 
 
 yh if ilontijomn-ji and Rahhjh, '1\ U. C. C. \\ 3S1 ; Wri'iht 
 mf.i Withrow 17() ; Elliott v. (Viimno, lb. 181 : ■lenk'* v. 
 ft, M. 18.1. Houses may be benetited by local improvements 
 ipiving. &0., although not immediately and directly fronting 
 htreet paved. Bad'telea v. tlinifcll, 1 Kx. 319; Sohnul liourl; 
 
 lonv. Vftri/ofSt. Man/, Islinijton, 1 i}. B. I). ()5 ; Wnhlie'd 
 ml of Health v. Lee, I Ex. I). 3.S6 ; see also Whitc.hnrcU \. 
 Board of Work.t, L. I!. 1 Q. B. 233 ; r<.,tnf of Mile End v. 
 
 m of Whiti'chapel Union, 1 (). B. I). (580 ; I/Kjhthound v. 
 
 \&'Mn!iton Lucal Board, 16 (J|. B. D. 577. 
 
 J it were not for this provision the action of the municipal 
 
 l>t. still- c. 
 1H3 
 
 i ;!li 
 
 i <■ 1 
 
 4iy^: 
 
 t.:' 
 t' 
 
 ■ 1 
 
 i '''"''' i 
 
 
 1 ■ 
 
 
 r 
 
 • ':' 
 
 i, ■'•'- ' 
 
 i 
 
 1 ! 
 
 1 1 
 
 
 t 
 
 
 M 
 
 1 
 
 I 
 
 I'im 
 
 
m 
 
 i 
 
 >m 
 
 Ifti'i: 
 
 I 
 
 58 '2 
 
 Oenvral by- 
 Uw for 
 (intfrmlnlna 
 fifOfwrty 
 l>"nt>flti>il bjr 
 iTiiprov*" 
 iiiantN 
 HiifllrlHiit, 
 
 TIIK MUNI(!IPAL MANUAL. [h 612 1 
 
 (a) It shall be deemed to have been and to bo a guffi 
 
 con)))lianco with the proviHionH of the nr T 
 
 naragrnph ot this HubHection if the conn • I 
 
 have i)ahfied or HhuU paHH u cenerul l.v-Iuw .J' 
 
 by-lawH, in(,viding the ineanK of aHccrtnininB 
 
 determining what real property will he iii„iie,li 
 
 , lienefited by any proposed improvcMiient, theexm-, 
 
 of which iH proposed to be aHseHwd upon tl 
 
 property immediately benelited thereby imi' 
 
 aHcertaining and <letermining tlu, jiropoJtionl 
 
 whieh the asseHsment is to be nuide oii the 
 
 portions of real estate so benetitc |, and it sh ll' 
 
 be deemed to have been, or to be. neccKwir,, » 
 • 1 1 1 j» i 1 nniiry to 
 
 a special by-law for the purpose.s ahove iii,.„tj 
 in each particular instance ; but nothing in 
 paragraph shall affect any litigation pending n, 
 30th day of March, 1885, or the rights"of 
 parties thereto ; 48 V. c. 39, k. 36. 
 
 2. For assessing and levying by uic ms of a Hitocial 
 the cost of do(!pening any stream, creek, or wator course i 
 CSthe'J«''^>"'ng '"^y lot-'»l»fcy. or makhig, enlarging or prolon«ii J 
 coBtofccr- common sewer, or opening, widening, i)roloii<rinir iwuU^l 
 
 Uin pablio 1 i' 1 ll- ° ', " 'e> "' "'len 
 
 works. 
 
 Oil 
 
 AiwMiinK 
 and l«vylng 
 npon real 
 
 Prncertin* 
 mibsvctiunH 
 
 11; 
 
 macadami/iiig, grading, levelling, paving, or plankimf| 
 street, lane, alley, public way or place, or any sidewalk 
 any bridge forming part of a highway thorc'in, or turi 
 sodding, or planting any street, lane, alley, .s(|uar(' or 
 public place ; or reconstructing, as well as constni'ctinsl 
 work hereby provided for ; (d) ' 
 
 3. Nothing contained in the preceding .sub-sections i 
 noturajipiy bo constvued to apply to any work of ordinary repair 
 woTkii**° tenace ; but all works constructed under the said prea 
 
 sub-sections shall thereafter be kept in a good and siiH 
 state of repair at th<5 expense of the town-ship, city, tc 
 village generally, («) 46 V. c. 18, s. 612 (2-3) • 50 V 
 . 8. 48. 
 
 4. The special rate to be so assessed and levied sliallj 
 
 council acting within its jurisdiction could tiot be revert 
 ^enbitt v. (JricMwich Hoard of Workii, L. K. 10 Q. B, 465, 
 
 (t/) As to the liability of tbo municipality to contractors foj 
 done under lounl iinproveuient by-laws, bee Dillon on M| 
 Corporations, 3rd od. su. 480, 481. 
 
 (e) See note p to sec. 531. 
 
 Hat* to be 
 aiiaeKaed on 
 frontagv. 
 
 
 
k f)l21(4^|il2''>'] AH8E8SMENT FOli LOCAL IMPROVKMBKTB. 
 
 be a 8ufficie_ 
 tl\e j>rocc(lu 
 I! council sh 
 y-law or geue 
 Mccrtaiuiiin 
 1 l)e iiniueili,ii( 
 »cnt, tlie v\\n 
 A upon tlie 
 thereby, iiml 
 }. \)roporlum» I 
 le on the varii 
 1, and it shulli 
 nect'KKary to i 
 ai)Ove raciitioi 
 t nothing in 
 ionpendinj^oui 
 the rights of 
 36. 
 
 of a s|)eciiil 
 ir water course,! 
 g or i»rolongiiid 
 ouf^ing, or alteif 
 , or planlciiigi 
 r any sidewalli 
 therein, or lurlj 
 y, s(\uare, or 
 us cuustructing j 
 
 I" suh-seclioiis | 
 
 [nary repair on 
 
 the said preo 
 
 good and suit 
 
 Inship, city, to^ 
 
 (2-3) ; 50 V. I 
 
 Lnd levied sliallj 
 
 J not be rever 
 |lO Q. B. 465. 
 
 contractors fd 
 Le Dilion on Ml 
 
 683 
 
 I |.jjj,) uccording to tlio froiitugo thereof, upon the real 
 
 " ,« t'routitiK <>•* "butting upon the Htreet or place 
 
 '"'"poll or wli«'i«in such inipruvuinent or work iH proposed 
 
 , ii^jjj, or inado subject to the provisiouH fuHowiug, 
 
 , iT„ies8tho lUHJority of the owners ofHUcli real property, 
 irpi'L'xt'nting at leust one-half in value thereof, 
 petition tlui council agiiinst Huch Hsse.sHinont, within 
 one month after tiie last publication of a notice of 
 sui'li itroposcd aH8eHsnient,in at least two newspapers 
 published in such township, city, town, or incorpor- 
 ated village, if there are two newspapers published 
 therein ; and if there are not, then in a newspaper 
 published nearest to the proposed improvement or 
 work, such publication to bo onco in each week for 
 two weeks ; any leaseholder, the term of whose 
 leuss (including any renewals therein provided for) 
 is not less than twenty-one years, shall be deemed 
 iin owner within the meaning of this sub-section if 
 the lessee has therein covenanted to pay all muni- 
 ilpal taxes on the demised property during the 
 term of said lease ; 4G V. c. 18, s. 012 (4a) ; 49 V. 
 c. 37. H. ;12 ; 50 V. c. 29, s. 48. 
 
 In the event of any s»«ch petition against any such 
 proposed assessment, sufliciently signed, beii>g pre- 
 hented to the council, no second notice of assessment 
 for the same propo-sed improvement shall bo given 
 by the council within two yours thereafter ; 
 
 The numbtir of the owners petitioning against the \, 
 
 assessment and the value of the real pro[)erty 
 which ihey repn^sent, nuiy bo ascertained and 
 tinally determined in such manner and by such 
 means as are provided by by-law in that behalf; 
 46 V. c. 18, s. 612 (4ic). 
 
 !( in any case the rst assessment for any local Provigion in 
 ivement [aoves insuthci. rit, the council shall make JiS^Jufflcient 
 in the same manner, and so on until sullicient or_wjc«"«We 
 s shall have been realizeii to pay for such improve- 
 or works, and if too large a sum shall at any time be 
 the excess shall be refunded ratably to those by 
 it was paid ; (/) 
 
 !ii!l 
 
 Mill' 
 
 WMMmeDt. 
 
 litHlii 
 
 l^sec. 573, Rub 3. 1. 
 
..il'-lAi' 
 
 •:)!*..; 
 
 mm 
 
 i. 
 
 584 
 
 time and 
 manner of 
 
 THE MUNICIPAL MANUAL. 
 
 6. For regulating the time or times and manner 
 tlie assessments to be levied under this section 
 
 M^wmonts, P'lifl (V) •1»tl fo 
 
 arranging 
 
 the terms 
 
 ^612 6. 
 
 in which 
 are to \». 
 
 etc. 
 
 assessed for local improvements may commute for 
 meiit of their pro| 
 principal sums; (h) 
 
 •''^ ^^ ''ch m\n 
 
 ment of their projiortionate shares of the cost ther r 
 
 (ij) The by-law of a municipal corporation, passed in 18G') f 
 purpose of authorizing the levying of a rate for cc-itiiin local 1111^ 
 nieuta, in the 8ha[)e of the pavement of sidewalks, after re • 1'^ ' 
 previous resolution of the council accepting a tciiilur for ti^ '"" ' 
 anil authorizing the passage of a by-law to levy n certain rV " 
 foot frontage on the owners of real estate on tiie pHPtH of '. 'I 
 streets named, provideil that the ro([uired sum should lu ni^^ i i 
 local taxation " upiui the proprietors of the several lots of ]'i '^ 
 joining said sidewalks immediately henetited tiiereliy ; exam tl "^ 
 part on .lames street opposite the Market Place, and tliosc i' t- " 
 ('hurch street opposite the several chund'os and school houses "tl" 
 the pers(ms named in the Hrst column of the sciiedule anncxcil t. T 
 jjy-law were proprietors of land adjoining the sidowalks and «!,! 
 inunediately beiuHted therel)y ; that the whole of the said won V 
 so l)enetited was by the astessnient rate nf ISfi') ratcii at si' -i^ 
 enacted that there should be raised fro-n the said i)rojirictor.stH>!f' 
 two and a half cents in the dollai, atid that the coiicctor tor hi" 
 should collect the same in the usual way. It then reiicalcil a l)v.l '■ 
 of ISlU, authorizing the levying of the frontage rate. Tlii' \\u,\ j,, 
 (luestion had been begun, tinislieil, and pai(l foi- in JSW Hiiii'ji 
 exce|)tion of !?<)")!), which were paid before tlu! passage of tiiu In in. 
 of KSli'). There was tiie further fact, that tlu; wliolc of iiiiihYf, 
 pi'o[(ei'tv at the corner of two streets was .'is.se.ssed, wliureas tlic ili . 
 ging extended only over a portion of it Held, tint the liy-law .'nl. 
 taincd nothing objectionable on its face ; but asHuuiing it dvUxUu 
 in providing for the debt of the previous year, it wis urivIv 
 providing in ISO'i for a debt contracted and l)rov;deilforiivtlR'livhiv 
 of 1S(U, but provided for imperfectly, and that the uiereiviwal ufa 
 defective, doubtful or invalid rate imposed witiiiii the junsiliuti.miii 
 the council, for another free from all ol)jectioii, was not a vioLuimi nf 
 tiie i-ule against prospective rates. Held also, that it was no olijrc- 
 tion tl) the Ity-liw that certain proprietors were rated for the sni'd 
 rate who were not on the general assessment mli, nor tliat the assess- 
 ed value of 18f)4 was taken instead of that of lS(i.'), as tliis diil no; 
 apptjar on tlie face of the by-law, and coidd l)e r.ds'-d in an aetinniif 
 replevin. Held also, that the whole of plaintitrs ,)roperty as .usesi- 
 ed was liable, tlnmgh the (lagging extendeil o ,er a jjoitnm only. 
 Jfiif/iit.i V. '' ojx liiiit, IS U. C C I'. loO ; see further, '/c,,/ |(',,',,'.i 
 /i'. W. Ci). V. Wrs/ /iroiniiHcli.<'<>iuniUsit„ii-:'<, 1 1<:. it K. 81)11; />".)■; 
 Ii'ini V. Pdrh'ntmtii, Ih., 71 ; Pound \, PI iiinstcul li.nwl of Wm-b. I,. 
 R. 7 Q. B. 1H:{ ; Plumili'ad Hoard of Work^, v. linf^k Lmvl Oi., L 
 11. 10 Q. 15, Hi; /)n,di'ii v. Orer^e>'rs of Piif>i>'!/, 1 Kx. 1). 22.);, See 
 .also note to sub-a. 10 of sec. 2 of The Assessment Act. 
 
 (A) Before this provision the Court in one case intimated that the 
 owner or occupier of property drained by a coiunion sewer iiii;;lit 
 
 ■^mm^^ 
 
612 9 1 PETITIONS KOB LOCAL IMPROVEMENTS. 585 
 
 7 For effecting any such improven»ent as aforesaid with »^;^^^ ^^ 
 , A «mviHed bv parties desirous of having the same parties. 
 
 funds piOVlncu J I p^n/n7\ 
 
 ertocted. 46 V. c. 18, s. 612 (5-7). 
 
 S If the contemplated improvement is the construction ^^^ ^*JJ'^{,","*" 
 f common sewei- having a aeotional area of more than etc*,Tn part 
 Li- fM, one-third .)f the whole cost thereof shall be pro-^^bep^ 
 vi4e(l for l)y the council ; (./) the council ot any municipality council. 
 rhicli h.is not f).»sse(l a by-law within and under the pro- 
 visions of section 62r) of this Act shall also provide, in con- 
 
 •tion with all sowers, the cost of all culverts and other 
 w^rks nocesHarv for stieot surface di-ainage, and shall also 
 provide the cost of that part of every such woi-k, improve- 
 iiient or .service which is incurred at and is charg<;able in 
 respect of street intersections, and also that part thereof 
 done or made opposite real property which by any general 
 or special Act is (;xeiiipt from special or local assessment ; 
 
 9. Upon the receipt of a petition praying f'>»- '^ny of thi; Counou ^^ 
 works improvements or sfi-vices mentioned in this section, worits on 
 silmMl'bv at least two-tliirds in numbei- of the owners of P;\;'^';;^',f 
 aa\' rciil proporty t<> bo benoHted th(!rel)y, such owners be i)enofltc(i. 
 ropreseiiting at least one-half in value of su(;h real property, 
 the councii may make the necissary assessment, pass the 
 iiccossary by-laws, and tak(5 all the proper and nccujssary 
 .,,.„c,,e(liii<,'s for I lie execution and com])letion of such work. 
 iiiiprovonient or siirvice, with as little dtiliiy as possible ; (k) 
 47 V. c. . •52,3. 21. 
 
 1( 'illy 1)L' allowt'il to u.iunmto liy payment of a iixed .simi. /n re 
 ili-t'uirhMiuidToronto, 22 U. C. Q. H. HKi. 
 
 \j) A imiiiii'ipiil corporation ooiitraiitcd with a piver to do certain 
 wiirk at a lixi'il |)/ice, of whicii th(; corp(»ratiou was to pay one-third 
 |»ml tin; iiwiiiM's tvvo-tliinls. it wa:i, h(»wover, jinlicially doturminetl 
 I that the owners wore in law liable to pay only ono-thinl. Hold, that 
 I the [liver li.iil the rii;ht to recover two-thirdfe agaitist the corporation. 
 |r"'(»(«;r V. Muniripnlilij Niimlur One, 5 Ija. An. 2i)S ; see father, 
 ItVini" V. Miifinpiilllii ynmhvr one., Ih., 537 ; Mahn- v. dhicntjo, 3H 
 m.'mi; (7iiVff'/.-v. f.'ip. l'i'<>i>/<; 4S III. 4H» ; UrUly v. PhUaddphm, 
 160 Pa. St. 4t)7 ; Michel v. I'olice. Jury, 9 La. An. fi?. 
 
 \k) The petition must ho " signed by at least two-thirda in nimibor 
 lof the owners of any real property to \w benefited thereby, such owners 
 lieprescnting at leant one half in value of auch real property." It is 
 iKtsiud how the ownership of the property ia to be determined 
 ad so differs from see. 569, whore the petition for drainage 
 arposes Ih required to be aigucd by 'the majority in nund>or 
 
 74 
 
 
686 
 
 THE MUNICIPAL MANUAL. 
 
 tit 
 
 charged with auy stream, creek 
 
 [s. 612 10. 
 
 templated works or improvements v 1 
 „ . , or watercourse, or to draininjranvllln'^ 
 
 ll'ZlT ai^d in the opinion of the engineer or surveyor bei'"^' 
 
 Covel*^' l*""'^' ^r"^'. '''\'"" *''^ municipality, or any roud or rl? 
 
 menta. Ijing therein, then the engnieer or surveyor aforesaid 1 i 
 
 charge the lands to be so benefited, and the com 
 
 person or company whose road or roads ar,. impiovl I*"'""' 
 
 such proportion of the cost of the work or inim,..., ' 
 '^ ^ ""P'^H'Dientas 
 
 of the persons as shewn by the last revised ossessniunt n 
 
 the owners (whether resident or non-resident) of the proue t '" ^ 
 
 benefited." As some of the local iniprovenicntM are of an "^^ '*'* 
 
 and costly nature, it would hardly be contended that a .'^f '*^^''*'''' 
 
 the assessment roll but who had parted with his pronert ""' ^ 
 
 before the improvement was contemplated, hIiouKI be ^n '""]"'' 
 
 represent the property for the purpose of imposing this assessin* 1 1!" 
 
 signing the petition, though it is not easy to deteniiine wiiv thor fl • 
 
 have been a distinction made as to the qualification of the sJL'n •'^ f '^' 
 
 petition in this and in section 569. See, however, the foiui of th "' 
 
 given in sec. 623, from which it would seem that it is siifli ^ '"^'"* 
 
 ascertain the names of the owners from the last revised ass ■'"" ^ 
 
 roll. Where a by-law provided that the nunilKT of owiitii?a?rk! 
 
 value of the real property was to be ascertained hy the (jtv n 
 
 and be appended to l,lie petition, a certificate; tliat the total' i l 
 
 of persons assessed for property to be diiectiy heiietited wiis tu"'"^' 
 
 three, — that sixteen names were signed to tlic pelitioii, tii.'itt] < 
 
 value of the assessed property W!\s ^.ViO.lS'i, and tiuit tlie 8^°''' 
 
 represented by the signers of the petition was lj!41,S,-i!)(; tluCo rt""' 
 
 an application to (piash a by-law for local iinpiovenieiit!,, ntu«d ! 
 
 go behind this certificate. In re Miihii' and Turmito, H \; c r l 
 
 379; see also. In re MoHtijoviery and Rah'mh, 21 u! ('. (.' I' %\ 
 
 " It is not objected that he (the Clerk) acted corruptly and fraii/ 
 
 lently, and though as I gather from the unanswered st'atenitutj « 
 
 the relator's atlidavit's, the City Clerk has fallen into au irror- 
 
 error easily accounted for, as his conclusioiiH wtie drawn [n,mti 
 
 assessment roll only,— yet I think we cannot on that acLdimt aDnti 
 
 the whole proceeding. ... I am not to he understood ;,6 lict,,! i 
 
 mining that he should have confined his in.juiry to the asscssmtii 
 
 roll, when he was require<l to ascertain ami finally determiiii; ijk 
 
 matter of number and value ; but I think tliat, Jiaviii},' aitcd u tt 
 
 must assume, bona Adt, the Legislature intended his determiiiatiom, 
 
 be final, as the foundation for the by-law authoriziuj; the impw I 
 
 ment and imposing the special rate. He Afirhie ami Toronlo, II [ 
 
 ('. C. P. 385, per l)rai)er, C. ,]. ; see further, note (/ to siibj,! 
 
 Where a city was authorized jy one stction of the Act, oo tii 
 
 petition of two-thirds of the owners of j h'lting property, tt tdtl 
 
 certain improvements in a street, and by a sulwequtiitsectioupoiB 
 
 wati conferred upon the couiic;! to order wuch iinproveinentsbyalic 
 
 thirds vote of the council, it was ludd that, althoii^'h pnwediia 
 
 relative to the improvements v/cre "ommencid hy [eti'.ioii from tin 
 
 property holders, yet, having been ordered hy a tMothinih voteii 
 
 the council, they were valid, although two thirdu oi the propcm 
 
 Ifl^^r'ftfrfiKa^ 
 
614 1 LOCAL IMPROVEMENTS ON CORNER LOTS, ETC. 587 
 
 1 niav deom just ; and the amount so charged for roudg or 
 '^eed upon by arbitration shall be paid out of the general 
 funds of the municipality or company, and the provisions of 
 this Act relating to drainage, so far as applicable, shall 
 iv to any such work or improvement constructed under 
 ELtionl 48 V. c. 39, ». 29. 
 
 gjQ n\ In ascertaining and determining the cost ofCo«tof 
 
 drainin" any locality or making and laying or prolonging"'""' 
 any common sewer, the council of any township, city, town 
 or incorporated village, may estimate the cost of the construc- 
 tion of branch drains to the line of street, and include the 
 cost of such branch drains in making the assessment for 
 such drains or common sewers, as a local improvement pur- 
 suant to the last preceding section. 50 V. c. 29, ss. 
 48, 49. 
 
 (2) In any ca^e where in order to aftbrd an outlet for the 
 sewerage and drainage of real property other than that 
 frontin* or abutting upon the street in w hich a .sewer shall 
 hereafter be constructed, such .sewer .shall lie constructed of 
 a larger capacity than that required for the efiicient sewer- 
 age and drainage of the real jirojierty fronting or abutting 
 upon the stroct, then, and in every .such case, the council 
 may impose a .sj)ecial assessment upon the other real prop- 
 erty benefited by the construction of such sewer in the 
 manner hereinafter provided by sections 618 and 619 of this 
 Act. 51 V. c. 28, s. 33. 
 
 614. The coinicil of every township, city, town, and^"eMment 
 incorporated village may, by by-law, provide an equitable 101^'^;" 
 mode of assessing for local improvements, works and serv- J',' lemLJ,"' 
 ices, corner lots, triangular or other irregular shaped pieces 
 of land .situate at the intersections or junctions of streets, 
 having due regard to the situation, value and superticial 
 area of such lots, as compared with adjoining lots and pieces 
 of land assessable for such improvements, works and ser- 
 vices, and uKiy cliarge the amount of any allowance, niadfj on 
 any such lot or piece of land, on the other real pi'opei'ty 
 fronting on the improvements, or assume the same as a 
 portion of the municipality's share of the work or improve- 
 
 proTemants. 
 
 holders did not unite iu the petition, for tliat tlio two-chirda vote of 
 the council mad? the prooeedings valid, notwithBluu.iing any piior 
 deffcuu). ludvinupoluH \, Mamur, I5lnd. 112; sec further Lafiyetit 
 V. /Wc/-, 34 Ind. 140; ifcCormacky. Patchin, 14 Am. 4^0. 
 
588 
 
 THE MUNICIPAL MANUAL. 
 
 :i;iir 
 
 M'-i' 
 
 W^iA\ i' 
 
 ».H. '•'■ 
 
 ■ 
 
 IS' 
 
 
 [s. 6U. 
 
 ment.'i ; the said mattei-s to be aubjecl to 
 
 Refund of 
 part of 
 iippcial rate 
 for local im- 
 
 ImpoRed on 
 corner lots, 
 •tc. 
 
 umuti.'f , i;iiB »«iu lUHbbciTii hu ue auujeci co appeal t 
 County Court Judge as already provided. 4(j y p i 
 613; 50 V. c. 29,8. 48. "^-^ 
 
 616. It shall and may be lawful for the council of 
 township, city, town, or incorporated village by ii two fl ■"'/ 
 vote of the council to pass by-laws to remit and ,efy "i 
 much of the special rates imposed prior to the 30tb d ' ^ 
 March, 1885, on corner lots and irregular pioccs of l' j 
 for the construction of j)avements and sidewalks utidor I j 
 improvement by-laws us may be necessary to enualiypli 
 assessment made on such property with the assessment T 
 on adjoining proi)erties with the same iniprovementoiw l' 
 and to provide the amount of all rates so lemitt'l ' 
 refunded by passing by-laws for borrowing monoy by ]' 
 issue of tlebentures, or by including said "amounts mi tl'^ 
 rate bills for the year ; provided that no such I'dnissioi 
 refund shall be made in any case where the work- 
 improvement shall have been made or constructed 
 than four years before the passage of the l)y-law authoiizi » 
 the refund or remission. 48 V. c. 39, s. S,*) • .')0 v ,. -w 
 s. 48. ' ■ •" 
 
 Conipietun QIQ, In any case when notice of a proposed ii!ii)iovpmpn, 
 
 of local lu- , .'^,1 •ipi 'i ('"'riuent, 
 
 proTMraenis. work or .sorvifo, to he paul tor hy sj ocial J'ssossmeiit ,n -Jof^ 
 improvement, has be<!n given hy any couucU of ;uiy immi,; 
 pality pursuant to tlie provisions of chapttr 174 of the Ke\-iy 
 Statutes of Ontario, 1877, or of Th: Cov.<nlidatcdMnam4 
 Act, Ih'SS, or any amending Act or Acts, and no [lotitjoa 
 sufticiently sij^ned has been presented to the said council or 
 to the succeeding council against such proposed inipiovenipiit 
 work or serviet; and assessment within the time limitHl in 
 that lu'half by the said Acts, it shall be lawful for (lie said 
 council, in the same or any succeediiig year, to cany on t!ie 
 proposed work, improveuKUit or sci-vice to complotion, before 
 making the assi ssment therefor ; and such notice, so given 
 shall stand good as authority for undertaking any, -uch wort, 
 improvement or sei'vioe, and making .such iissessment or 
 assessments, and passing al! necessary by-laws, whether ik 
 same shall have been or shall be undertiiken and completed 
 by the council giving such notice, or by the council in any 
 succeeding year. 49 V. c. 37, s. 40. 
 
 Mow proper- 617 Where the k' iids on either side of a street, lane, or 
 of " "aMm^ *^l<^y "' ** city, towki or incorporated village, in the opinion of 
 
 pro»eiriifi*.i 
 
 4« V. c. l« 
 
618 (2).] BORROWING MONEY FOR LOCAL IMPROVEMENTS. 689 
 
 the council, are from any cause unfit for building puriwaes, »C,|J^^,„^ 
 
 , *Uo ^niincil deem it inequitable to assess the same for in spuiai 
 r 1 imprSveinents at as high a rate as the building iots^"-"- 
 irontinff on said street, lane or alley, the council shall, in all 
 oh cases determine in what proportion the cost of any such 
 ?l,ovement shall be borne by the lands on each side of said 
 street, lane, or alley, respectively. 4G V. c. 18, s. 614. 
 
 fil8— (1) Where it shall, in the opinion of the council of Cost of open - 
 „v township, city, town or incorporated village, be deemed exiudiDg 
 J Lieut and necessary to construct or repair bridges orst^^ts. 
 culverts on any Htreet, lane or alley, or to open up and extend 
 aiiv street, lane or alley within the limits thereof for the 
 mire immediate convenience or benefit of any locality -.vithin 
 such limits, and the council is of opinion that from any cause 
 it is inequitable to charge the whole of the cost of the improve- 
 jiirut on tlie lands frontiiig thereon, the council shall determine 
 what lands are benefited by such works or improvements, 
 uitl the proportion in which the cost thereof shall be assessed 
 against the lands so benefited, and also the projjortion, if any, 
 oftiiecostof the improvement, which shall be assumed by 
 tlic township, city, town or ii)corporated village a.s its share 
 tiieieof : provided always that the share or proportion of the 
 cost of such improven)ent assumed by the municii)ality may 
 be provided for by the issue of debentures u))on the credit of 
 the muuieipality at large in like; mannti' as in the case of 
 the share of tiie n)unicipality of othei- local improvements : 
 provided, also, that all assessments made under the above 
 [provisions sliall lie subject to an apjjeal to the Judge of the 
 i County Court in like manner as in the case of other special 
 j assessments for local imi)rovements, under the provisions of 
 this Act. 48 V. c. 39, s. .'53 ; 50 V. c. 29, ss. 43, 48 ; 51 
 Iv. c. 28, s. 3t;. 
 
 (2) In any case wlien the council aflirm.s by a two-thirds 
 Ivote tliereof that the consti'ucting, erecting, or making of an\ 
 jbridge, culvert or embankment, benefits the numicipality at 
 irge, and that it would be ine(|uitrtble to raise the wh ie 
 |oost of such improvement or work by local sjjecial assessments, 
 lie council may ))ass a by-law for borrowing money by the 
 sue of debentures upon the credit of the nmnicipality at 
 irge to provide as the corporation's share of the cost of sucli 
 Dprovemeiit or work an amount not exceeding one-half of 
 lie whole cost thereof; and no such by-law shall recpiirethe ; 
 But of the electoi-s before the final passing thereof. 50 V, 
 29, s. 43. 
 
690 
 
 THE MUNICIPAL MANUAL. 
 
 
 iil^i 
 
 IS:'-J 
 
 AueMmant 
 of Iftnds 
 benefited by 
 improTe- 
 mente where 
 land does 
 not front on 
 street on 
 which im- 
 provement 
 made. 
 
 Council may 
 
 permit 
 
 owners 
 
 [8.619(1,. 
 
 619— (1) If in the case of the construction or repair f 
 bridge or culvert, or the opening up and extension f * 
 street, lane, or alley, the council shall determine what ""^ 
 property other than than fronting or abutting upon?!!' 
 street, lane, or alley, whereon or wherein the improve 
 is made, or to be made, is specially benefited, and 00"^'"* 
 be charged with a part of the cost thereof, and shall dete* 
 the proportion in which the cost of the improvement it 
 be assessed against the lands so benefited, the council l! i 
 assess and levy the pro})ortion of the coat of the improv * 
 chargeable against the lands benefited, but not fiouti ^^^ 
 abutting upon such street, lane or alley, by a frontiiffe "^ 
 in like manner as the same would be assessed and le°vi 1 ■' 
 the case of lands, fronting or abutting upon the street 1 '" 
 or alley, whereon, or wherein the improvement is niiHp «^'" 
 be made. 48 V. c. 39, s. 34. '"'^ 
 
 (2) Or, in the case of a township, the council may b 
 by-law, provide that the cost of the works therein si eifi i 
 may be aH.sossed and levied hy a special rate upon the lai 1 i 
 benefited thereby, according to the proportion of henetit i 
 received there iVom instead of by a frontage rat(; as \\nf\ 
 before provided ; and where the ownei-a of real property Iiiv i 
 constructed works oi- improvements which nii<'lit have bw ^ 
 constructed by the municipality as local improvements tlip 1 
 council may, upon the ])etition of three-fourths of the owners! 
 of lands to be benefited by the acquisition of such works or I 
 improvements representing at least two-thirds in value thereof 
 acquire the same at a price to be fixed by agreement or bv 
 arbitration pursuant to this Act, and the purchase moinl 
 therefor may be raised, assessed, and levied, us for local 
 improvements, upon the leal property beneritctl thereby ;« 
 above provided. 
 
 (a) The number of the ( ••. :iers petitioning for the said 
 assessment, and the value of the real property! 
 which they repi'esent, may be ascertained 
 finally determined in such manner and by siulil 
 means as are p»-ovided by by-law in that behalf I 
 subject to an appeal to the Judge of the Countyl 
 Court as in the case of other special assessmentsj 
 for local improvements. 51 V. o. 28, s. 37. 
 
 620. The council may permit the owner or owners to build I 
 ^ or improve the sidewalk in front of his or their lands, and aiijj 
 
 
fl'WS)! BORBOWING MONEY FOR LOCAL IMPROVEMENTS. 
 
 treet lane or alley, within a township, city, town or incor- 
 ' rated village, under the direction of tlxe council or an 
 'leer thereof 'vppointed for that purpose, and according to 
 " V j^ns i.nd regulations as the council may prescribe, in 
 *"hich case the owners or occupants of such lands shall be 
 empt from all taxes for improvements of a like nature so 
 I „L he or thev shall keep the same in repair to the satis- 
 5oaoftheoomicil. 46 V. c. 18, s. 616; 50 V. c. 29, 
 
 :s.48. 
 
 goi __(1) For the i)urpose of enabling councils to avoid 
 I ,],e necessity of making supplementary assessments, or refund- 
 
 ■ (T in case of over assesHinents, and of ascertaining the exact, 
 icastof any work or improvement done or constructed as a 
 [local improvenient under the j)rovisions of this Act, they 
 
 niav and they are hereby authorized and empowered to make 
 ^8>n'eeinents with any bank oi- any person or body corporate 
 ilbrwmporary advances and loans until the completion of the 
 ivoik or iniproveiiKMit for meeting the cost thereof, and they 
 Iniav and tliey are hereby authorized and empowered, in their 
 lontion to inaki; the special assessments for the cost thereof, 
 lafter the work or improvement, as the case may be, .^ lall 
 j liive been completed, and to pass the necessary by-i • v. 
 Luthoming the issue of debentures to repay the amount of 
 Itlie teuipoi ary luan or advance. 
 
 (2) Everv hv-law for bori-owing money shall provide for 
 he repayment of the loan and the maturing of debentures 
 
 he issued pursuant to such by-law, within the probable 
 life of the work or improvement for which such d(*I)t has 
 m\ incurred, as certified by the engineei-, or other proper 
 bificerto be appointed by the council for that purpose. 
 
 (3) If, in any i;;;;w, a debt has been incuri-ed })y the muni- 
 ality for any work or im])rovement done or constructed 
 
 imler the provisions of this Act, and after the incurring of 
 V said debt tlie special aMHessuient for such work or improve- 
 lieiit, or the l)y-la\/ pi-oviding for l)(>iTowing money therefor, 
 set aside or quashed, "-ither wholly or in part, on the 
 nuiul of any irregularity or illegality in the making of 
 )icli assessment or passing such l)y-law, it shall l>e lawful 
 pr the council, and they aie hereby authorized, t*) cause a 
 ew assessment or assessments to be nuide, and to pass a new 
 r-law, so often as may be necessary to provide funds for 
 i payment of the debt so incurred for such work or improve- 
 ent: provided always that nothing herein coroiained shall 
 
 591 
 
 build or 
 improve 
 Hidewalke in 
 front of their 
 landB. 
 
 Power to 
 borrow 
 fuiiilB for 
 IochI iin- 
 proTeiiienU. 
 
 Tiin>' for 
 rupiiyinent 
 of loaiiH. 
 
 Wher« 
 special 
 HHsersinonts 
 are irrpgu- 
 lar, ni'w 
 aflsivsDiiientH 
 may b" 
 niaile. 
 
 t 
 
692 
 
 THE MUNICIPAL MANUAL. 
 
 [«-62l 
 
 [.-i i' •F-V'S 
 
 :l. - I 
 
 ..;-:: 
 
 
 
 
 (3). 
 
 sanitar 
 couiiei 
 
 be construed as authorizing any HHsesHraent to be 
 work or improvement to bo undertaken, except th ^'"^ 
 initiated in nome one of the three methods hv luu, ^'^^ ^ 
 namely : ^ '"^ ''"'^"^^ 
 
 (a) Eitlier on the report of the engineer or other 
 
 officer, and of a committee of the council * . 
 mending the proposed work or improveinenrf" 
 ry or di-ainage purposes ,id„pt(.j , J" 
 1 ; or ■ '"' 
 
 ib) On a petition of tlie own<M-H of tli»^ real mmt>t^« i 
 hted, anmciently signed ; or ' 
 
 (c) After due notice, as above provided, of the pioDostj 
 assessment, and no petition of the owjiors !f 1 
 real property benefited, agiii-ist tli.^ pn.poscius,^' 
 ment, sulliciontly signed, being preseatcd to tti, 
 council within the time limited theicfoi-. 
 
 &7with, (-^^ ^\"^ ;'*:'^' property specially assessed by any counci 
 local nil lor any local nn|)rovein(!nt or work iinder this Act, and rpi' 
 £>T"x:mpt l":'M"'''<'y wi.e.c such improvement or work has he'ei. ,b 
 from p-iifMi with moneys provided by the owners of such real i]iiinn.t 
 
 ratcy flic 11 i J.1 i' I • 1 1 ' I ' t""V, 
 
 saw.. ii'" '"iJ"' pn>[ierty the owners ot which have coiistiucteil tlieir 
 
 piiriMs,. ,,\vii works Mild improvements, which would otlicrwise hav 
 been constructed by the municipality as local iniprovpiiipij 
 shall be exempted by the council from any <'on('iiil rateo- 
 ;iss(\ssm(Mit for the like purpose, except the cost of worL 
 and impiovenients at the intersection of streets, and nm 
 such |)ortion of the general rate as lujiy bo iniposeij to nwt 
 the cost of works and improvements opposite reiil pioixrtti 
 which is exempt from such special assc^ssnients, and tit 
 general rate which may be imposed to UKiet the cost of mait. 
 tenance and repairs on works and improvements constnictai 
 under local improvement by-laws. 4G V. c. l^, «, 61". 
 
 Bylaws nciM I 022- — (1) No by-law passed by the council of aiiv u<n 
 !iiT.'n.-.(i, «'»'P) ^"'ty, town, or incorporated village, under thepiovijioiii| 
 but notire'oiof, sections ^)(]'J, .')70, or 012 of this Act, shall reouire to f»I 
 
 the sitting , ,. , 1 1- 1 1 1 .1 • 1 ... ' I 
 
 advertised or published by the said council many npwsMper,] 
 but a written or printed, or partly written and partly printed, 
 notice of the sitting of the Court of Revision for the con- 
 (irmation of every such special as.se.ssment .shall be given wj 
 the owners, lessees, and occupants, or the agents of tie ( 
 owners, lessees, and occupants, of each parcel of real estatjj 
 included in such by-laws and assessmciit. 46 V, c, IS.if 
 618 (1) ; 50 V. c. 29, s. 48. 
 
 of the (;i);irt 
 oT ruvi>i!in 
 ■hall l><- 
 •or veil on 
 ownefH, 
 lesHtM'K, etc. 
 
[8. 621 (3), I ,, 622 (2).] notice ok special assessment. 
 
 i'-)\ Every sucli notice sh.ill contain a general description 
 
 nil property in respect of which tho same is given, the 
 
 of the proposed improvements, work or service, the 
 
 "*'-"'^\ed total cost thereof, tho fimount of the assessment 
 
 I f tile particular i)iecc of j.roperty, and the time and manner 
 
 ° w hioh the same is payable, and shall be signed by the 
 
 T k or the assessmmit commissioner, or other officer to b ! 
 
 ohited by the council for the purpose, and be mailed to 
 
 5*'* ildross of the person entitled to notice at least fifteen 
 
 J ."before the day appointed for the sittings of the said 
 
 St uid tea days' notice shall also be given by publication 
 
 r;,oiiie newspaper, having a general circulation, of the time 
 
 1 1 .,.o of the meeting of the said court, which notice shall 
 ami place ui ^"" "'^ o ^ • x i r i . i 
 
 J<y ..Piierallv what such assessment is to be for and the 
 Z^'J^t to be assessed. (/) 4G V. c. IS, s. 018 (2) ; 
 bo V. c. 29, s. 44. ^ 
 
 ^/ilt lias been held that where a municipal corporation exercises 
 
 hi nower to make h)cal improvements and charge the cost thereof 
 
 ■ the linds directly benefited thereby, the owners of such lands, if 
 
 ■|,le i,y reasonable diligence, are entitled to reasonable notice 
 
 t the iiieetiiK' of the commiBHiouers for assessing tlie coat, and this 
 
 Ithouirli the" charter be silent on the subject. See DU/oii on 
 
 l„„ici,,iiU'()rp(.rati<.ns, .Snl cd. sees. 808, 804. Where tbe by law 
 
 I a municipal corporation i)rovided that the clerk of the council 
 
 ould cause a notice to be left at tbe place of abcxle of each of 
 
 parties as.sessed for sucli improvement, that tlie assesment 
 
 made ami tlie amount tiiereof, and that a })y-law would be 
 
 jBcil ill accordance therewith unless appealed from as provided by 
 
 Iw the court, on the application of a person intercHted, who swore 
 
 tt lie had no notice of the by daw until some time after it was 
 
 (Bed and tluvt he first became aware of the particulars of it and of 
 
 J proceedings on wliieh it was based in Febrjiary l)efore the appli- 
 
 tiou to (luash, refused to (luasli the by-law. //' re Mivh'u v. Torunti), 
 
 \ U. t'. C. 1*. 379. "The objection is sustained in fact, as I 
 
 derstaiid the statements. But the provision requiring notice of 
 
 Btion to pass the by-law to be given or sent to jjarties aflected by 
 
 III not statutory, nor is the validity of the by-law made dependent 
 
 Iprovisirns contained only in l)y-law8. And althon^jth the relator 
 
 fctes ill his affidavit tliat he had no notice of the by-law ' until some 
 
 (after it was passed,' and that he first ])ecame aware of the par- 
 
 lars of it and of the proceedings on which it was based in February 
 
 , yet it is ditticult to suppose that he was not aware long before 
 
 > date that the .stone sidewalk was being laid down, or ♦^■hat the 
 
 ; was of that character wliich was usually paid for by special 
 
 Irate. This was enough to put any one on enquiry. Then be 
 
 s, from iiisown expression, to have become aware of the by-law 
 
 ( time before he became aware of its precise contents ; but the 
 
 lledge of the first was notice of the second, and be then might 
 
 jlearned everything necessary to support a much earlier appli- 
 
 to quash the by-law." Ptr Draper, C. J., lb. 385. Notice 
 
 75 
 
 693 
 
«94 
 
 THR MUNICrPAr, MANUAL. 
 
 M 
 
 IN 
 
 
 
 'I: 
 
 ■ 'i;'-,- 
 
 
 [s. 
 
 623. — (I) Whnro a by-law pasHoil under tlio 
 
 a«ner«l 
 daioriuUen 
 in by.liiwii 
 under ■. (112, 
 ■ufllolent 
 wher« 
 
 fs^'frontftifnOt'aub-Huotioti 1 of the waid section, or to advoiti.se 
 rate. .... . ... 
 
 of section G12 of this Act provides, or is intoiuled t "^^^'^ 
 that the special rat(i artseHsed thoroundur sliall bo a 1' "''* 
 rate, it hIihII not We necivs^ary to comply witli tho n-'^""'*'' 
 
 or 
 
 tho by-law, or to comply with tlm provisiouH of tlio ! "" 
 ceding section of this Act, but it shall hcHulficidiu it'tl'l^'''^"^ 
 describe the sti-eet or place or part tlxM-eof wlioicon or 1 
 tho local iniproveinont is to l>o made by a jLjcnoiaJ d . , • "^^^^ 
 thereof, stating the points between which it, in to L"''"?'' 
 and it shall not be ncc(;ssary for such by-Uw to '"*'' 
 vaiuo of the real property ratable thereuiulcr or ti '^ 
 
 Jthertlm, 
 
 a rate upon such real property by any desciiption ot' "'''^* 
 
 that horoinbeforo mentioned 
 
 (2) In cases to which the next nrt!C(Mliiuf 8„i,„ 
 applies, the council shall procure a ineasuroiiiont of tl 
 frontage liable to the rate mentioned therein, iiriildi" 
 frontages exempt from taxation, and of the froiita"ps of t* 
 several lots or pai'cels of land liable to such rate/aiul «l i 
 keep a statement of the same open for iiispcctioii in ti 
 oflico of tlu; clt!rk of < lie municipality for at least ten ]• 
 before the final passing of tho by-luw, and the eoun>il shl 
 also caus(! to be ins'-rted in a, pul)lie ncwsimiier inibiy 
 within the nuinicnpniity, or in the county town, or in a inilju 
 newspapcn- publislmd in the nearest munitiiiiality j,, ^v|)j,,j|'' 
 
 an 
 
 to " rcpavu " held not suHieieut where clie .i^Messinent Wiisforiwiin. 
 Sfa/e V. Ji'i'Mci/ rill/, 3 Dutch (N. J.) 536. Notice of tiiin' itml ij^ 
 for hearing olijcetions to projxwed iiuproveinent. Stiih \- j,, 
 VUif, I Duteli (N. .1.) 30U ; Stah- v. ./. my Cltii, 2 Dutch (N' ]'m 
 State V. JerHei/ Cifi/, 4 Ziihr. (N. ,L\ (}({•-> ] Sin),' v. X<;miuZ 
 (N. J.) 399 ; Stal". v. Elizuhrl/,, 2 Vrooni (X. J.) r.47. UmiwZ 
 such a notice. Ta/ls v. Chdrkxlowii, 98 .MasH. .'iH.S ; O/'a-mv. J/im 
 20 111. 413 ; Slimiiniix v. (tardiiift; (I Kh. Is. '2.')5 ; Iiitltiimiv\:liQiiH\ I 
 23 M(l. 'MS. Where the legislature lia.s inailo tlic !,'inng ofnotw 
 neccHsary, and provided a mode for giving hikIi mitici', that m't \ 
 should 1)0 strictly followed. SiinnniiiN v. ^' " n/t ;/<■;•, 6 Rh. h. 03; 
 Scammou v. Chirtvjo, 40 111. I4t) ; Jiisfi'i/ v. ,SV. I.nnin, U .\|o, jJi^ 
 //ililM/i V. Lowell, 11 Grivy (Mass.) 34.') ; Will'iiiii.i\'. Iklrolt,iM 
 5«)0 ; Sidle V. E!hahel/i, 1 Vrooni. (N. . I. ).%.") ; Dnmr wJeMifjiA 
 1 Dutch. (N.J.) 309; Norwirh v. ffuhhard, '2'2(.\>un. oH',; ShUn 
 J'-rwy Villi, 4 Zahr. (N. .1.) (i()'2 ; Dnhnqiw v. W<i(ili-n,i'ihml]\ 
 PiUmyra v. Morton, 'ifi Mo. fiOS. Failure, afternotice, to objed » I 
 a.n assessment before a city council, when it had the |)ower to rem 
 and correct or annul it, and direct a now assessment, was held tod 
 a waiver of notice. Otlauxt v. /{ait road Co., 25 111. 43; seejlsoJ'ift 
 V. Jeraei/ Vity, 2 Dutch (N. J.) 444. 
 
 pit 1)1; 
 week 
 
 nd the 
 
 liictioii, 
 
 I in 
 
 le 
 
 he 
 led. 
 
 624.-{ 
 
 unci! tbi 
 
 ill Ik- 0: 
 ssinent 
 iiiterst 
 
 neral ra' 
 o.site 
 
 es.smeii' 
 
 (2) Wh 
 r, and t 
 
596 
 
 fOJ (2) 1 NOTICE OF 8PKCIAL ASSrSSMENT. 
 
 CSrrSK "''" fovn following ..r t„ the like eH«,t : 
 
 notice tliat a by-law is inteiKled to b« passe*! by the Municii.nl 
 
 CouPonh.j;orpo;:'';::tf J^py for the i.i::!-rifur,r, ti.e. work) 
 for levy.nu ^ ['"^.j ,„. ^o bo conHtiuctod {or ii.a.le) (an the ras, 
 coiistructiMi [01 ""^^^^^j,^ \^twm\ {Uencrihin>f the iKHiilH hrtwecti whirh 
 man Ix) "" • f }^ ^„fnif or connfrnrted) and that a statement 
 
 t " •"■^" C J 1 lil . e ay the nahl rate and the names „f the 
 ,,„«,..« he >"« K vVthly can bo ascertaino.l fn.n. the htst revised 
 
 ^fi ntoft'cworkis* ^ , ofwhieh is to be 
 
 pJvul.Tout of the general funds of the nanne.i.ahty. 
 
 A Court ..f U.^visiou will be hel.l on at for the 
 
 nu'nlc of hearing co.ni.laintH agn.nst the propose,! nssesHment or 
 E ncy of the fr.mtage measurements or any other complaint which 
 pViiH interestecl n.ay desire to make, and whioli m l,y law cogmzable 
 
 K »''••;•'""■*• Ckrk. 
 
 I)ateil. 
 
 r\) Theie simll bo tho sumo light of appeal from any such 
 iMscssniont to the Court of UoviMon, and from the Court of 
 Revision to the county Judf,'e, as i.s i)rovided in section 5(59 
 jof this Aft, and tlic proceedings tliei on shall, except as 
 otlicrwise provided l.y this Act, he the same (as nearly as 
 practioftl)lo) as in the case of appeals from ordinary assess- 
 lents uiulor The Asaesswent AH, and the (Jourt of lie vision ^^^- »*»*. «• 
 id the County Judije shall respectively have the like juris- 
 Sctioii, ri,!,'lita, and powers in respect to every such appeal 
 I in .lie caHC of such last mentioned appeals. 
 
 (4) The said statement, or the same as altered or varied 
 r the Court of Revision or the Count}- Judge upon app<vil, 
 all be Kiuil and conclusive as to all matters therein con- 
 ned. 48 V. c. 39, 3. 38. 
 
 g24.— (1) Any real property specially assessed by any ''rfiperty 
 Mincil for any local improvement or work under thi.s Act^e^e/ti 
 
 Jl be exempted by the council from any general i-ate, or l*" «««•"?* 
 g.stiient for the like purpose, except tiie cost ot works at nHstsument 
 intei-sectiou of streets, and except such portion of the ["Jjp"„™* 
 
 aeral rate as may be imposed to meet the cost of like works 
 osite real property which is exempt from such special 
 
 essnient. 
 
 (2) Where a local improvement or service is petitioned 
 r, and the petition is by two-thirds in number of the owners 
 
 I?,:; 
 
 f' 
 
 m 
 
 1 
 
 n 
 
 ; .il 
 
 ij 
 
 f . ■'' 
 
 ■1 
 
 i- ■ 
 
 ■1 ■ 
 
 ;|i,|-' 
 
 i: 
 
 i ■; ■ 
 
 
 U ; 
 
 il 
 
 f 1 
 11 
 
'A^'ts- 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 
 
 1.0 
 
 I.I 
 
 m. 125 
 
 ■ 50 
 
 IMj^ 
 
 ,^1^ 
 
 2f |i4 ' 
 
 2.2 
 
 lU 
 
 II 
 
 Ml 12.0 
 
 1.8 
 
 
 L25 |||.4 III 1.6 
 
 
 < 
 
 6" 
 
 ► 
 
 Photographic 
 
 Sciences 
 Corporation 
 
 
 i\ 
 
 ■1>^ 
 
 ;\ 
 
 \ 
 
 
 o^ 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716)872-4503 
 

 
 K 
 
 % 
 
596 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 624 (2). 
 
 of the real property fronting or abutting upon the stre 
 place wherein or whereon such improvement or work i "' 
 posed to be done or made, the exemption may be f^"*^ 
 specified period named in the petition and agreed to bv*"^ * 
 
 council 
 
 the 
 
 U%''l 
 
 
 
 ll 
 
 ■ 
 
 ii'- 
 
 R 
 
 
 1 
 
 rfib' 
 
 IisIHh 
 
 (3) Or if, either with or without naming any period f 
 such exemption, the petition requests an arbitration tl 
 council may accede to the proposal for an arbitration ' ' 
 
 (4) In case the matter is to be determined by arbitration 
 a sole arbitrator shall be chosen for the purpose by the Count' 
 Court Judge, unless some person or persons is or are agreed 
 to in that behalf by the petitioners and the council. " 
 
 (5) Where, by reason of a special assessment, the owners I 
 are exempted from a general rate, for the like purpose u 
 afoi-esaid, the council shall, from year to year by bv-law 
 directing the general rate of assessment, or by some other 
 by-law, state what proportion of the general rate is for pur. 
 poses for which there is such special assessment in any part I 
 of the municipality, and shall state the same in such niannerj 
 as may give effect to this section. 
 
 (6) Until a by-law is passed containing such statement [ 
 none of the money raised by general rate on real propertyj 
 specially assessed or i-ated for any work or service hereafter! 
 I'xecuted shall be applied to any work or service of the i 
 diaracter in any part of the nmnicipality. 46 V. c. 18, s. 619,| 
 
 By-laws 625. — (1) The council of any townsiiip, city, town, orl 
 
 provemente incorporated village may, by a by-law passed with theassentj 
 
 ^^o<»l"** of the electors, according to the provisions of this Act, direcJ 
 
 Msesflment. that all future expenditure in the uumicipality for thel 
 
 improvements and services, or for any class or classes oJ 
 
 improvement or service, for which special provisions m 
 
 made in .sections G12 and 629, shall be by special assessmenlj 
 
 on the property benefited, and not exempt by law froni 
 
 assessment. 
 
 (?) After such aby-law has been passed in manneraforesaidj 
 it shall not be repealed without the like assent of the electoral 
 and, in case of such repeal, the preceding section, with vesp 
 to freedom from any general rate or assessment of properti 
 which is subject to a special rate, shall api)ly to all proper! 
 which bad been specially rated or assessed for such improvd 
 ment or service, while the repealed by-law was in forci 
 
 Repeal uf 
 by-laws. 
 
 M^«*>^' 
 
 
626 3.] 
 
 ASSESSING CHURCH PROPERTY. 
 
 597 
 
 Up time the exemption is to t ease, is to be determined by 
 bitration, and the arbitrator is to be appointed by the 
 
 Pnnntv Judge, on the application of the council. 46 V 
 
 frs620;50V.c.29,s.48. 
 
 /3) Notwithstanding anything contained in sulvsection 3 ><XoS„g 
 
 f section 612, after such a by-law has been passed in streets. 
 
 Inner aforesaid, the council may pass a by-law or by-laws 
 
 dividin-^ the municipality into certain areas, districts or 
 
 fictions' within which the streets or parts of streets may be 
 
 'maintained, repaired, cleaned, cleared of snow and ice, 
 
 watered, swept, lighted and the grass thei-ein cut and trees 
 
 therein trimmed, and may impose a special rate upon the 
 
 [assessed real property therein, according to the frontage 
 
 thereof, in order to i)ay any expenses incurred in maintain- 
 
 ii)(f, repairing, cleaning, clearing of snow and ice, waterijij' 
 
 l8wee])iii 
 
 Icuttin, 
 
 „.(r and lighting such streets or parts of streets, and 
 (/ ''<»rass and trimming trees therein, or for any one or 
 
 o a 
 
 48 V. c. 39, s. 30. 
 
 Imore of sucli services. 
 
 MR With respect to land on which a place of worship is Aasesgrnent 
 
 O^u. 'I . .1 •.! .1 • of places of 
 
 trected, iind land used in connection therewith, the mum- worship for 
 icipal council may, by the by-law to be passed in tliatj^^^^i^^^^^, 
 Ikhalf, require the corporation, trustees, and other persdiis 
 whom is vested any such propoi'ty, and the said property, 
 I be assessed for any local improvement in the same manner, 
 Lnd to the same extent, as the other owners and land bene- 
 tted by the improvement, in the following cases, namely : 
 
 1. In case a by-law is passed under the preceding section ; 
 
 2. Or in case no such by-law is passed, but two-thirds of 
 he owners of the real |)roperty to be benefited by the pro- 
 osed improvement (excluding such corporation, trustees or 
 (ther persons aforesaid), representing at least one-luilf in 
 
 of the remaining property, petition the council to 
 Undertake the said im})rovement ; 
 
 3. Or in case no such by-law is passed as aforesaid, but 
 he said cori)oration, trustees or other persons, and two- 
 hirds of the owners of the real property to be benefited by 
 he proposed improvement (including the said corporation, 
 
 ustees, or other persons), representing at least one-half in 
 »lue of the property, including the said property so vested 
 I the corporation, trustees, or other persons aforesaid, j)eti 
 on the council for the said improvement. 46 V. c. 18, 
 i62l. 
 
liipM 
 
 'M*i>,A^ 
 
 598 
 
 Certain part 
 of improYfi- 
 ments may 
 be charged 
 on general 
 rates. 
 
 THE MUNICIPAL MANUAL 
 
 [«>627(i)Hi0(l)-] 
 
 Provisions as 
 to " Local 
 Improve- 
 ment Deben- 
 tures." 
 
 Assent of 
 electors not 
 required to 
 by-laws for 
 raising 
 municipa- 
 lity's share 
 of cost of 
 local im- 
 provements. 
 
 627— (1) In case of a special assessment on pro 
 benefited by local improvement, the council of the m'^'^ 
 pality (if they think fit) may, by by-law, provide hvT 
 structing, at the expense of the general funds of the n •"■ 
 pality, such part of the local improvement as is situate '^"' 
 or in that part of any street, lane, alley, public i)lac ^ 
 sciuai-e, which is intersected by any other street, lane lid 
 public place, or square, or as would otherwise fall on 
 erty exempt from assessment : and the council may nro J 
 for the cost in the general rates or taxes for the year or 
 the issue of debentures, or in such other manner not' in. 
 sistent with the provisions of this Act, or any special Ad 
 as to said council may seem best, and subject to i 
 by-laws as the council may pass in that behalf. 
 
 (2) The by-law authorizing the issue of the debentuii 
 need not be submitted for the assent of the electors of 
 municipality ; and the debentures being issued to nay 
 that part of the work payable by local assessment niavl 
 the council thinks tit, be issued as a series distinct f« 
 those required to pay for that part which is to be borne i 
 the general funds of the municipality, or all the debentu. 
 required for the work may be issued in one series as " Lo 
 Improvement Debentures." This sub-section shall be deea 
 declaratory of the law on and from the 6th day of Man 
 1880. 46 V. c. 18, s. 622. 
 
 628— (1) The council of any township, city, town, 
 incorporated village may pass all by-laws necessary, frj 
 time to time, to raise loans and borrow moneys required i 
 its share of any local impi-ovements and works, on the en 
 of such township, city, town, or incorporated village at laij 
 and it shall not be necessaiy to obtain the assent of j 
 electors of such township, city, town, or village to the i 
 ing of any such by-law under the provisions of this 
 any special or private Act in that behalf to the conft 
 notwithstanding; provided always that nothing iu 
 section contained shall be construed as authorizing an ex| 
 sion of the general debt of such township, city, town,! 
 village beyond the limits thereof fixed by any Act liniif 
 the same. 
 
 (2) It is hereby declared that the debenture;) m 
 under local impr<)vement by-laws on the security of sp 
 assessments therctor for/p. no part of the general debt of j 
 such inunioipa'.ity^ within the meaning of any such 
 
1629(1).] 
 
 LIGHTING AND WATERING STUEET8. 
 
 599 
 
 mentioned Act, and it sliall not be necessary to recite 
 
 fe mouut of such local improvement debt so secured by 
 
 , 1 rates or assessments in auy by-law for borrowing 
 
 '*^'l on the credit of the township, city, town, or iucor- 
 
 "" J 1 village at large as aforesaid, but it shall be sufficient 
 
 ""' . j,j any such by-law, that the amount of the general 
 
 y hr of the municipality as therein set forth is exclusive of 
 
 ' improvement debts, secured by special Acts, rates or 
 
 Lessmeuts. 
 
 4G V. c. 18, s. 623 ; 50 V. c. 29, s. 48. 
 
 Sweeping, Lighting, and Waterinj Streets. 
 
 MQ— A) The council of every township, city, town and Sweeping, 
 Upoiated Village may(m) pass by-laws tor raising, upon the watering 
 jedtioiiof at least two-thirds of the freeholders and house- ^*'*^**- 
 lokleis resident in any street, square, alley, or lane, represen- 
 i«(T in value one-half of the assessed real property therein, 
 Ll'such sums as may oe necessary for sweeping, watering or 
 Liu" the stieet, square, alley, or lane, by means of a special 
 Lie 00° the real property therein according to the frontage 
 Lreof or according to the assessed value thereof when only 
 U latter system of assessment shall have been adopted by 
 ftkee fourths vote of the full council ; (o) but the council 
 
 |(i!i) ^iay discretionary ; see note x to sec. 534. 
 
 j(a) See note r to sub-s. 9, sec. 612. 
 
 I It is plain tliat what the Legislature authorizes is, that the 
 
 jfer of the council to impose a rate for the purposes indicated is to 
 
 exercised 07i/// by ft//- ^«H', and that such by-law should in every 
 
 L be passed subsequent to and consequent upon the presentation 
 
 [the required petition praying , for the passage of the particular 
 
 Llaw, and after the fullest opportunity had been given to every 
 
 tepayer to be affected by the by-law to object to its being passed. 
 
 irGwynue, J., in Morell v. Toronto, 22 U. C. C. P. .'523, 326. The 
 
 tition may be that of a portion only of a street, asking the corpo- 
 
 ton to sweep, water or light that portion. In re Piatt and Toronto, 
 
 |U. C. Q. B. 53 ; see also, Crei(jhton v. Scott, 14 Ohio, St. 438 ; St. 
 
 t V. Clmeiis, 49 Mo. 552. But an application to sweep, water 
 
 hi A whole street can only be legally granted when made by 
 
 D-lhirds of the property owners on the whole street. So if the 
 
 poration, upon a petition of the property owners of part of a 
 
 Kt, sweep, water or light the tohole (otherwise tlian in the exercise 
 
 [their general powers ; see notes ;< to sub-s. 2, and g to sub-s. 3), the 
 
 Vlaw would be void. Swann v. Cumberland, 8 Gill (Md.) 150; 
 
 fjmijk\.AUt'(ihany,M:Va,. St. 118. The by-law will be open to ob- 
 
 tionif itdonot sta^te the amount to be raised and levied, In re. Piatt 
 
 i'immiioy 33U. C. Q. B. 57. But where the application to quash the 
 
 law on such an objection was not made till al". the work authorized 
 
 Ibeen done, and the only effect of quashing it would have been 
 
600 
 
 
 'm^,^^^.. 
 
 THE MUNICIPAL MANUAL. [g 
 
 n\iiy charge the genenil corporate fundg with th 
 
 sweeping, waterinc. or 
 ip) 4G V. c 
 
 turn incurred in such sweeping, watering np "T i.^'^''*'"^' 
 
 aforesaid. 
 45, 48. 
 
 c. 29, 
 
 Special rate 
 may bn 
 imposfld 
 tberofor. 
 
 (2) The council may also, by by-law, deHne 
 areas or .sections within the municipality in wl'T"^^'" 
 streets shouM be watered, swept, and lifrlif«,i ^ 
 impose a special rate upon the asses.sed reii 
 
 Cutting 
 
 grasR, etc, 
 
 RemcTAl of 
 snow, ice, 
 etc. 
 
 cli tlie 
 
 therein, according to the frontafje thereof in «li ''^'^'''"'l^ 
 . "^ 1 . ". '"^'-■wi, III oi'uei" t(| ,,. 
 
 any expenses incurred in watering, sweepinif n ri • 
 .such streets, (q) 40 V. c. 18, s. 624 (2). ' "" "''''=? 
 
 (3) The council may also include in either of the fo 
 by-laws the cutting of grass and weeds, and triinnj,^!''"' 
 trees oi- shrubbery on any .such street, square, allev ^i ' 
 and otherwi.se cleaning tin; same. 48 V. c. 39 « '31 """' 
 
 (4) The council may also, by by-law, doHno certiiiii im. 
 or sections within the municipality in which all sn ■ ' 
 and di)-t and othei' obstructions shall be removed fmiT 1' 
 sidewalks, streets, lanes, or alleys in such area or sectl' * 
 and may impose a s[iecial rate upon the real proixTtytheivi' 
 according to the frontage thereof, in order to jniy jinv evriK "^ 
 incui-red in removing such snow, ice, dirt, or otherobstil '** 
 50 V. e. 29, s. 46. ' *■ 
 
 the passage of another by-law to remedy the defect, the f'n • 
 the exercise of its discretionary power, refused to quash the bl " 
 //;. It is not necessary in such a ijy-law to name the day wt" ' 
 .shall take effect. Ih. 
 
 {/>) A municipality may, ))at is not bound to, light ahighirr.- 
 
 h'nndiiU V. Easteru Ji. W. Co., 8 Am. .327. But where the cori» 
 
 tioii does light a street and does it so negligently that 
 
 injured in consequence by falling into an exciivation tlie 
 
 the light may be shown as one of the elements to establish 
 
 Frei'])ort v. Inbell, 25 Am. .327. It is in the discretion of 
 
 tiou does light a street and does it so negligently that a pew u 
 injured in consequence by falling into an excavation tlie churackr*'' I 
 
 1 nejli'Piiv 
 . , . "j>ort V. Ixhejl, 'Zo Am. ;v^/. it is in the discretion of tiieroaatjl 1 
 luider tin's section either to charge the general corporate funds r| 
 tlie expenditure, or to charge only the freeholders ami houseiiDH^ii 
 wliose land fronts on the street, &c. The latter course cannot !« 
 legallj'^ adopted unless there be the petition made necessary hi tin f 
 former pare of this section. 
 
 (7) It would seem that no petition is necessary to the exercise oi Ik I 
 power here conferred. That power is to define certain amu i? j 
 sections within the municipality in which streets should be waW I 
 swept or lighted, and to impose a special rate upon the assessed ml I 
 property therein, according to the frontage thereof, to paj Ikl 
 expenses incurred. 
 
[»• 629(1), 
 
 b the expenct- 
 or lighting as 
 >0 V. c, 29, ,, 
 
 define ceiUin 
 
 in whick tb 
 
 ghted and nny 
 
 (1 real propau 
 
 in ovdei- to pay 
 
 ^ping, or li^litia^ 
 
 iv of the foremiinj 
 lud triiiuuini; tiit 
 ire, alley, or \w 
 ;. 39, s.'31, 
 
 latino cei'taiu xm 
 liicli all snow. ic(, 
 removed from \\> 
 [\ urea or seciiuiis, 
 :al property theivin, 
 to ])ay any o^v-k^ 
 jr other ol)struct!«. 
 
 defect, the Court, in ] 
 I to (luash the by-te. 
 name thedavwh-nii I 
 
 (1, light ahighway.M 
 kilt where the coriiorv 
 Lently that a pennni! 
 hvatiou the ehuractctj I 
 
 to establish negligea I 
 liscretiou of the comd I 
 [al corporate f iiniis \i:!ii I 
 
 )\(lcrs and liousehoiiitn I 
 
 hatter course cannot !« I 
 
 made necessary by tit I 
 
 Lrytotheexerciseoitii(| 
 [define certain area J I 
 [reetsshouldbewaterdl 
 L upon the assessed tall 
 Ige thereof, topjytln 
 
 601 
 
 631 1 COUNTY BY-LAWS FOR LOCAL IMPROVEMENTS. 
 
 Division II, —Townships and Villages. 
 Liffht and Water. Sec. 630. 
 
 cqfl_-(l) In addition to the powers conferred upon theWKht'oK 
 cils of towiiHhips and incorporated villages by section 612 workr""" 
 I°"ro8 both inclusive, of this Act, the council of any such 
 t •nsliip or village, under and subject to the provisions of 
 the sai/si'ctions, may pass by-laws providing for lighting, or 
 for the construction of water works for the purpose of fire 
 protection. 
 
 (•->) The said council may, by the same or any subsequent ' . 
 b • hw define by metes and bounds, or otherwise, what real 
 Dioperty will be immediately benefited by the jjroposed 
 Lpiovement, and is to be charged with the cost thereof, and 
 may also, by such by-law, make provision for assessing and 
 levying on the property so detined the cost of managing and 
 maintaining the said works. 
 
 (3) Sub-section 3 of section 612 of this Act, shall not 
 aimlv to any works constructed under the powers by this 
 Siou conferred. 48 V. c. 39, s. 32 ; 50 V. c. 29, s. 48. 
 
 Division III.— Countik.s. 
 
 Special rail's by County Councihfor local improi'evienfs i'.i 
 Townships. Sees. 631-633. 
 
 '631. The council of every county shall have power to Special rates 
 38 by-laws (r) for levying by assessment on all ratable pro- p°rovenwnte.' 
 evty within any particular jiart of one or parts of two 
 owiiships to be described by metes and bounds in the 
 f-law, in addition to all other rates, a sum sufficient to defray 
 he expenses of making, repairing or improving any i-oad, 
 rid"e, or other public work, lying within one townsliip or 
 btween parts of such two townships, and by which the 
 habitants of such parts will be more especially benefited 
 bt this section shall not apply to any road, bridge or 
 
 Br public works within tiie limits of any town or incor- 
 
 ited village, (s) 46 V. c. 18, s. 625. 
 
 r) See note x to sec. 534. 
 
 Roads, bridges, or other public works within the limits of any 
 \ or incorporated village are vested in the local corporation. 
 527. 
 
 76 
 
Bl 
 
 Mm 
 Mm 
 
 W 
 
 
 Hi 
 
 m|*S,'S 
 
 602 
 
 Proceeillngs 
 to obtal 
 law for 
 improve- 
 nientB. 
 
 THK MUNICIPAL MANUAL. 
 
 [h. 632, 
 
 ;'|i-g;. 632. No by-law uiider the last preceding section sbdl . 
 i-suoh passed, except — ' " 'f 
 
 1. Upon a petition signed by at least two-thirds of tv 
 electors who are rated for iit least one halt' uf the v 1 • 
 l)roperty within those })arts of such townshii) whi .h 
 
 Notice to be 
 poHted ap, 
 mill ]>iib- 
 
 be affected by the by-law ; (t) nor ' "' '^'''^ ''^ 
 
 2. Unless a printed notice of the petition, witli tho 
 of thoisigners thereto, describing the limits witliin wliich?r 
 ih^c'e'* weeks. »>y-l''i'«' ^^ to l^ave force, lias been given for at least one moml 
 by putting up the same in four different i)]ace.s within i 
 parts of the township, and at the places for holdins: th '^"' 
 tings of the council of each township, whether it he ^'y' 
 such |)arts or not, and also by inserting the same weeklvV" 
 at least three consecutive weeks in some newspaper Cf '^^ 
 there be), published in the county town, or if there is n'o su!] 
 newspaper, then in the two newspapers pul)lisheaneaiP«ffi,' 
 proposed work. 46 V. c. 18, s. G2G. _^'" 
 
 Tower to 
 pai"H by-la'^8 
 acquiring 
 
 or 
 
 633— (1) A county council may, by by-jaw, assume 
 _ acquire any road, bridge, or other public work, Ivin-rwiH,,, 
 
 roads, etc.. j- i. j. j. i • . ' Jo "'inili 
 
 1 jing' within oi" adjacent to one or more townships or incorporated towns 
 
 etc., and to of money for the improvement of such road, bridge, ornnblic 
 rate for im. ^^o^'^' ^^ ^? ^'^;P^i^ ^^ '^ Special assessment on alUhe ratable 
 proTement property witliiii the municipalities which shall be immediatelv 
 thereof. benefited by such road, bridge, or public work -IG V c ]ii 
 s. 627 (1); 49 V. c. 37, s. 34. . 
 
 Particuitirs (2) Sucli by-law shall state the amount to be raised for 
 Wated in «"ch work, and shall define the municipalities forming the 
 the by-law. portion of the county municipality to be affected by tbe 
 by-la\7, and the portion of work to be performed in each 
 municipality, and shall provide for the raising of the said 
 amount by the issue of debentures of tbe county, payable 
 in twenty years, or by equal annual iiLstalments of priiicipaj 
 with interest, and shall provide for assessing and levyin" 
 upon all the ratable property, lying within the section defined 
 in such by-law, an annual special rate suflScieut for the pay- 
 ment of the principal and interest of the debentures, 
 
 By-law to be (3) The by-law shall, if approved by a majority of the rej> 
 resentatives in the county council of the municipalities which 
 
 »ubmi;tcj to 
 electors in 
 
 {t) See note k to sub-s. 9 of sec. 612. 
 
 
AID TO RAILWAYS. 
 
 s. 633 (7).] 
 
 1 in the said by-law be submittod to the vote of the 
 
 qil 
 
 603 
 
 rfi 1 ratepayera in the portion of said county to be affected 
 '" 'd by-l»^ who are entitled to vote on money by-liiws. 
 
 ., r ^.j^ye there should be a majority of votes cast against 
 
 I 1 w in any one or more of the municipalities men- 
 '^^ (therein, althongh the by-law be carried, then the same 
 7'n only aPI'ly *" ^^^^^^' «»""icipalities in which it has 
 
 • ' (1 a majority of the votes cast, and shall not affect the 
 T? municipalities mentioned, in any way, and the amount 
 "money mentioned in the by-law to be raised by way of 
 1 Hhall be reduced by the proportionate amount which the 
 ^municipality or municipalities, giving a majority of votes 
 !^lluust the by-law, would have been required to pay under 
 the by-law. 
 
 (5) In case there should be a majority of votes cast against 
 h bv-law in any one or more municipalities mentioned 
 Iherein although the by-law be carried, then upon the 
 approval of the majority of the representatives m the county 
 council of the municipalities which have given a majority of 
 votes in favour of the by-law, th6 same may lie read a third 
 time and passed by the county council, or dropped altogether ; 
 but in case the by-law is finally passed, only the representa- 
 tives in the county council of those municipalities giving a 
 iiiaioiity in favour of the by-law, and to be afiected by the 
 same shall have any voice in reference to the expenditure of 
 the lioney to be raised thereby. 
 
 (6) In all other respects the voting on the by-laws, and 
 the passing and subsequent proceedings thereon, shall be in 
 accordance with the provisions of this Act. 46 V. c. 18, s. 
 
 62J(2-G). 
 
 (?) Cities and towns separated from tlie county may, with 
 the approval of the ratepayers qualified to vote on money 
 by laws, pass similar by-laws to assist in the purchase of any 
 toll roads, in which the cities or separated towns may be 
 interested, or may pass by-laws abolishing the market fees 
 charged by them, on condition that certain toll roads thei*ein 
 i named are made free. 49 V. c. 37, s. 34, part. 
 
 portion of 
 
 count/ 
 
 interested. 
 
 By-law only 
 to apply to 
 those muni- 
 oipallties^a 
 whtoh it hM 
 a majority 
 of votes. 
 
 By law, if 
 ciirried in 
 some muni- 
 cipalities 
 only, may 
 be passed or 
 dropped. 
 
 General 
 provisions to 
 apply to 
 voting, etu 
 
 TiTiB IV.— Powers or MnNiciPAL Councils as to Railways. 
 
 Aiding railways by taking stock, etc. Sec. 634. 
 
 Vkn head of Council to be a Director ex-officio. Sec. 635. 
 
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604 THE MUNICIPAL MANUAL. r - 
 
 [«. 634, 
 
 , Townships may pftrmit railways to he construrh.l , . 
 ways, etc. Sec. 636. "'^ ''¥'• 
 
 Grouping clauses repealed. Sec. 637. 
 
 Bylaws may 
 be made for 
 
 / 
 
 
 mm 
 
 
 
 
 
 634. The 
 
 and incorpor 
 
 council of every county, township^ city 
 ated village (a) may pass by-laws— ' ^^^''' 
 
 (a) The powers conferred are in general discrctionarv i.TTT"" 
 tory. See note x to sec, 534. The conatitutionul liuht .'.f t'l , r f^* 
 lature to authorize nuinieipal bodies to aid trading corijomt"^ *^^^''' 
 aa railways, and to tux the people for aid, is in the Unitiil'st' '"''^^'' 
 subject of grave judicial conflict. Strong ground was tak • I r^- ' 
 Justice Dillon against the power in a very able and exhaust '^ '^ 
 ment delivered by him in Hnnnon v. Vernon, 27 Iowa '2« • i^ ?'' '''''S' 
 Referring to DnhiK/ni' County v. Dulmqup nnd ['(injlr Ji V ^''"■?'^' 
 Green (Iowa) 1, where the majority of the eourthuld Othorw [' 
 said, " Disaster, the child of extravagance and dul)t, aiul d T ' 
 the unbidden companion of bankruptcy, are the ])itter but le'i!'!'" "" 
 consequences of that decision, and ' the end is not yet ' | """''^ 
 other State in which a similar decision was made, siniil' '•' ""^ 
 Cjuences ensued." He admits the constitutional ri'ifht of e •^"* 
 domain, but says, though in some respects kindred, it and the't "'^"' 
 power are essentially different. Similar ground was taken a *^'"*' 
 the constitutionality of sucli Acts in Whitinii v. Shclmvmi «,, /^r""! 
 ilu Lac I?. W. Co., 25 Wis. 167 ; 3 Am. 30; and The l\S'7' 
 Detroit and Howell li. W. Co. v. Salem 20 Mich. 452 • 4 tni I 
 On the other hand, equally strong ground is taken 'and* edualli 
 able judgments have been delivered in favour of thi; constitiitionar 
 of such Acts, in Sharplens v. Pliiladdphia, 21 Fa St 147 • !•' , 
 Selma and Gulf R. W. Co. ,45 Ala. 696; 6 Am. 7-i2:a;,d.*2 
 V. Siipervisors of Polk Count!/, 1 Am. 238. In the last mentioned 
 case. Mr. Justice Millar says, "The (juestion of the constitutional 
 power of the Legislature to authorize nmnioipal Corporations to aid 
 by local tax in the construction of railroads, within tlio tenitorv of 
 such municipal corporations, ha!? been before tiie highest judicial 
 tribunal of at least twenty -one of the States, and the Supreme Court 
 of tlie United States, and in every instance the power has Iteen con- 
 firmed until (jnite recently in the Supreme Courts of Miehicanaud 
 Wisconsin, and in this Court in HaiDiun v. Vtriion." lie concludes 
 his judgment by saying, *' We find that upon principal and reason 
 there is the same authority for the exercise of the sovereiL'n power 
 of taxation in aid of the construction of railroads that there is for the 
 exercise of the righc of eminent domain, and that this view is sua 
 tained by an everwhelming weight of authority." See further, Wal- 
 ker V. CUy of Cincinnatti, 8 Am. 24 ; ComminnionerH of Leavenworth 
 County V. Millar, 12 Am. 425; Chicago, Danrllle, md Vincemmll. 
 W. Co. V. Smith, 14 Am. 99. But on one point the Judges in the 
 United States are all agreed with unusual unanimity, and that is 
 that municipal corporations have no implied power to aid railway 
 companies. Aurora v. Went, 22 Ind. 88; Starin v. Oma, 'Q 
 X. Y. 439 ; Acheson v. Butcher, 3 Kansas 104 ; Bank v, Rome, 18 
 N. Y. 38 ; Bridgeport v. ffousatonuc B. W. Co., 15 Conn. 
 475 ; Marsh v. Fulton, 10 Wall. (U. S.) 676; Nichol v. NaMlle^ 
 
 hibited 
 Bidford \ 
 
 (h) The 
 Whiiliy, 
 : fither dii'c 
 i at their 
 Iguished, 
 ; would seei 
 I especially : 
 |<if a debt 
 I, the forma 
 10 U. C. Q. 
 183, 201 , 
 The legislat 
 paid, annul 
 withdraw it 
 i,Coo«, 25 Ca 
 ok may b 
 kture could 
 1111,405; 
 \_Baykii, 6 
 ); Pmk 
 H (U. S. 
 Wall. (U. 
 
 
634 3.] 
 
 AID TO RAIL'.VAYS. 
 
 if of or for lending to or guaranteeing tlie payment of 
 ^ n of money borrowed by an incorporateil railway 
 *"^ ^"v to which section 18 of the statute 14 and 15 
 compiin. ^j^^ ^^^j, r,i^ or sections 75 to 78 inclusive of chapter 
 ^r"^Tthe Consolidated Statutes of Canada, or the equivalent 
 t' nsof The Railway Act of Ontario, have been or may 
 kie applicable by any special Act ; (6) 
 
 For endorsing or guaranteeing the payment of any 
 Ipbeuture to be issued by the conjpany for the money l)y 
 111 Iwnowed, and for assessing and levying from time to 
 
 1 upon the whole ratable property of the municipality, 
 "sufficient sum to discharge the debt or engagement so con- 
 tracted ; 
 
 % For issuing, for the like purpose, debentures payable 
 
 Hump. 
 
 Ten ) 252 ; <SV. LonU v. A lexander, 23 Mo. 483 ; Jonea v, 
 ir. •25'(ia.'6lO; Dnauenhiiryh v. Jenkins, 40 Barb, (N. Y.) 
 
 606 
 
 Taking atock 
 In certain 
 railwayii or 
 
 fluuraiitM' 
 DK detwni 
 tiiren. 
 14, 16 V. c. 
 61. ». 18. 
 C. S. C. «. 
 (Ml 88. 7678. 
 K«v. Stat, 
 c. 170, a. 89. 
 
 For guar- 
 anteoing the 
 payment uf 
 jebentures, 
 etc. 
 
 For isautngr 
 debentures, 
 etc. 
 
 Trmch V Ti'schemnkvr, 24 Cal. 518 ; People v. Mtchelf, 35 N. 
 X ii-Tlmw-^'>i> V. Lee Conntij, 3 Wall. (N. S.) 327 ; Railroad Co. 
 
 Fraimlle, 15 Ind. 3fl5 ; Aurora v. Went, 9 Ind. 74 ; Lafayette v. 
 f' 5 Fort. (Intl.) 38. "I incline to the opinion that in all Huch 
 ttnsactions the substance rather than the form should be considered ; 
 
 1 if in substance the matter is intra rires it should not, on account 
 
 rVefectivefonn, be held ultra rires unle8,s the form used is pro- 
 !iWted Ijv the enabling statute or by law." Per Cameron, C. J., in 
 
 UmA Chatham, \Oi).l\. 257. 
 
 hi 
 Bkkfor 
 
 ill) The subscription for stock may be conditional, Hi<f<fins v. 
 niliy, 20 U. C. Q. B. 296 ; and if the amount subscribed be paid 
 either (Urectly to the company, or to the contractors of the company 
 I at their reciuest, the liability of the municipality is thereby extin- 
 Imished. Woodrtiff V. Peferhorouf/h, 22 U. C. Q. B. 274. It 
 would seem that a by-law authorizing sub.scription for stock, 
 J especially if it authorize the issue of debentures, is the contracting 
 bf a debt not payable in the same nmnicipal year, so as to demand 
 I the formalities required by sec. 340. In re Billiwja and Gloucester, 
 10 U. C. Q. B. 273 ; Cantula Atlantic R. W. Co. v. Ottawa, 8 O. R. 
 |l83, 201; Canada Atlantic R. W. Co. v. Cambrid<je, 14 A. R. 299. 
 IThe legislature may, it seems, at any time before the subscription is 
 f paid, annul the proceeding, and authorize the municipal corporation to 
 f withdraw its subscription, and release its right to stock. People v. 
 §^CooH, 25 Cal. 63."). So it would seem that defective subscriptions for 
 ek may be ratitied by the legislature in all cases where the legis- 
 lature could originally have conferred the power. Keitlisburg v. Frick, 
 [\\]. m ; Copes V. Charleston, 10 Rich. Law (S. C.) 491 ; McMilleu 
 . Baykn, 6 Iowa, 304, 364 ; Oelpeke v. Dnbuque, 1 Wall. (U. S. ) 
 ); Ptopk V. Mitchell, 35 N. Y. 551 ; Thompson v. Lee County, 3 
 fall, (U. S.)327 ; Bass v. Coluinbm, 30 Ga. 845 ; City v. Lanison, 
 jWall. (U. S.)477. 
 
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606 
 
 THE MUNICIPAL MANUAL. 
 
 BonuM*. 
 
 Form of 
 dabenture. 
 
 
 tlLil 
 
 
 at such tinioH, nnd for mucIi huiiim roHpoctivoly not I 
 $20, and bearing or not bearing intorost us' tin. n,"^"*'' 
 council thinks meet ; (c) ™"""='l«l 
 
 4. For granting bonus.-s to any railway cotiihany in . 
 of such railway, and foi- iaHuing dobonturos in 1 1 . ^ 
 
 Gallic 
 "'■ niLsiiii. 
 
 nmnner as is in tlui preceding sub-section )»rovide( 
 money to meet such bonuses ; (d) 
 
 5. For directing the manner and form of hIl' ' 
 endorsing any debenturt^ so issued, endorsed or L'uai'i"t','i' 
 and of countersigning the same, and by whut ollieur 
 son the same shall be so signed, endorsed or cfim.to '""^, 
 respectively; ' ">"ei'signe,l 
 
 may 
 s ill 
 expressed 
 
 (c) No council is allowed, unless specially authorized so t I 
 give any bond, l)ill, note, debenture, or other uuilurtaiiiiiL' V 'fi!*' 
 payment of a lesH amount than iftlOO. Hoe. 414. This chiusufi 
 an exception. """" 
 
 (fi) A by-law of a county council in aid of ji railway tothueut 
 of ,'J20,000, )»y way of bonuH, wliieh had not he(!n .sulmiittwl to th 
 ratepayers was quaslieil. /'h: ></, ('/emcnl v. WnUn'ortli, 221' C v 
 P. 3(X). It would seem that the general intention of tii'e le.'isiatiir 
 is that all assistance granted to u railway company Hh()iii{i''lii. u'tl 
 the assent of the electors before granted, and that tlie miikin/' f 
 direct advances from moneys actually in hand to aid a lailwav is Mt 
 contemxdatcd. Per Hagarty, C J., in In re. /Inlc and Ottam ■'>^v 
 
 C. C. r. 35. " If we aHHume for this argument that the counciri 
 
 f;rant a bonus to a railway, consisting of unappropriated ninnovi 
 land we still think the legislature meant, and have so expreu 
 their meaning, that the bonus must be to the railway uoiiimuy, and 
 not to some individual to repay him for advances to, or services ren 
 dered to such company. " Ih., 36. A by-law granting iJl.OOO to an 
 individual in consideration of his having, at tlie instance iif the tor 
 poration, advanced that amount in aid of a railway company, was 
 therefore (juashed. Ih. A bonus may be granted to a dominion 
 railway, (laiidda Atlantic li. W. Co. v. Cumhr'uhjc., 11 0. R, Sgj' 
 Canada Atlantic B. W. Co. v. Ottawa, 8 O. R. 183, 201 ; 12 A. R. 
 234. Where a municipality has legally a riglit to pass a bylaw 
 granting aid to a railway company, it would ho premature to apply 
 to restrain the submission of the by daw to the ratepayers, as they 
 may disapprove of it. Vickei's v. Shunia, 22 (.rant 410; but where 
 there is no power to pass the by-law, the attempt to pass it may be 
 restrained. Helm v. Port Hope, 22 Grant 273. A council may 
 refuse to pass a by-law granting aid to a company where the passage 
 of the by-law has been procured by bribery. Re Lawidon, 45 U, C, 
 Q. B. 47. As to the performance of conditions imposed ou the com 
 pany, see Luther v. Wood, 19 Grant 353. Where tlie by-law does 
 not limit a time for the completion of the railway, there is an 
 implied condition that the work shall be completed or the bonus 
 earned within the time fixed by the charter. Canada AAmtkk 
 W. Co. V. Ottawa, 8 O. R. 201. 
 
 sitiiati'd, in 
 
 'J&^^MiL^; 
 
por- 
 
 ,«35(a)(:J)(4] AID TO uAir.wAYH. ' 007 
 
 n ♦ .wi imiiiicilMil corponition shall Hul)8cril»(i lor ntock or Awpiitof 
 
 15111 U<» '""■" I f il 1! •! 1 Hll'ftorH 
 
 ,,„. n,|t'l)t or Imbility tor tho purposes iitorfvsiud, unless noowwy, 
 ""' i,...|,iw Injforo the fiiml passing thereof re<;eives the 
 f of tho electors of the iiumieipality in manner pi-o- 
 ''T l.v this Aet. {<^) 4(5 V. 0. 18, s. 028. See, aim Rev. 
 ;;7c.. 170. seo. .•{!)(.'{), nn.l sec. 320 a«<«. 
 
 cQR III case aiiv nuinicipiil council suhscribcs I'or and '" "'"J"'", 
 111 stock in II railway company under the next precedinj; (ifoouncii 
 .i; to the amount of *20,000 or npwanls, (/) the head IJ,^- ;■« 
 .1 , ^.„m,(.i| shall ]h) ex-oj/iclo one ot the directors of the <nrwtor, 
 ..,.i.v in iiddition to the niimhor of directors authorized 
 1)V the Special Act, and shall have the same rights, powers, 
 "(1 duties as the other directors of the com]mny. 10 V. 
 
 gqg/,,)— (1) In addition to the powers eonf'orred by sec- am to rail 
 tion t)34 a portion of a township municipality which may be '^^lll\l^ '"' 
 iiitercsteil in securing the construction of a railway, or townciiipH. 
 tliiou"Ii or near which any such railway may pass or be 
 situateii, may aid tlu! said railway by granting money or 
 ,lt'b('iitnres by way of bonus or gift, or by way of loan to 
 Mu-h railway under and subject to the ])rovisions hereinafter • 
 coiitiiiiied, provided alway.s that such aid shall not be given 
 except lifter the passing of a by-law for the purpo.se, and the 
 iidoiition of such by-law by the (pialitied ratepayers of tlie 
 said iiiiitioii of the municipality in the manner provi<led in 
 lesiieetto granting aid by Avay of bonuses to railways. 
 
 (2) Before a by-law is submitted under this .section to the 
 vote of the ratepayers a petition shall be presented to the 
 council exiJiessiiig the desire to aid tin; mil way, and stating 
 ill what way and for what amount, and defining the portion 
 of the township to be charged by metes and bounds, or lots 
 aud concessions, and shall be signed by fifty freeholders 
 resident in such portion of the townshi[), being duly (jualitied 
 voters uuder this Act, 
 
 (3) The by-law shall in each instance provide : 
 
 [a) For raising the amount petitioned for in the portion 
 
 (e) See Ex rel Clement v. Wentworth, 22 U. C. C. P. 304 ; see 
 Umthr, Al(ornei/-General V. Mayor of Leeds, L. R. 5 Chy. 583. 
 
 I/) A municipality which has subscribed for stock in a railway 
 compiHiy, and thereby become a stockholder in the company, has the 
 game rights as to the management of the aflfairs of the company as 
 ' an} ordinary stockholder. Harublewes v. Dudin, 2 Withrow, 86. 
 
608 
 
 THE MUNICIPAL 
 
 
 
 wk:^ 
 
 
 MANUAL. [8.635(a)3(„). 
 
 of the municipality mentioned in the netit^o^ l^ 
 the issue of debentures of the municipality ^ 
 shall also provide for the delivery of the ^u'^'' 
 tures or the application of the amount to be m !!i 
 thereby as may be expressed in the said by^laj? 
 (6) For assessing and levying upon all ratable pronfH 
 lying within the portion of the municiS 
 defined in said by-law, an annual special , ^7 
 sufficient to include a sinking fund for the • 
 ment of the said debentures within twenty 7^'. 
 with interest thereon payable yearly, or Ui 
 yearly, which debentures the councils, reeves 1] 
 other officers of the municipality are hereb 
 authorized to execute and issue in auch casps <^^ 
 V. c. 28, s. 34. ^' ^' 
 
 636. The council of every township may pass by-k 
 for authorizing any railway company, iu case such autboiily 
 is necessary, to make a branch railway on property of tl 
 corporation, or on higliways, under such conditions as & 
 council sees tit, and subject to the restrictions cctained ' 
 The Railway Act of Ontario, and any other Acts affectini- 
 such railway ; and may also pass by-laws to authorize com. 
 l)anies or individuals to construct tramways and other rail 
 ways along any highway on such terms and conditious as 
 the council sees fit. {g) 46 V. c. 1 8, s. 630. 
 
 QroupinK 637- So uiuch of any enactment in private and other 
 
 rluiwly'" Acts, passed on or before , the 5th day of March, 1880, as 
 Acts passed authorizes or provides for the grouping or ioininf tnwtL 
 
 on or before ^ ..,...' ..,.,'■" •' ft >"jgci/iicr 
 
 March 5, of municipalities or a municipality, or part of any nmnici- 
 palities or municipality with part of another municipality or 
 parts of other municipalities, for the purpose of "lantinc I 
 municipal aid to any railway or railway comi)any, is hercbv 
 repealed and declared to be inoperative. 46 V. c. 18 s, 631, i 
 
 Bylaws 
 authorizing 
 branch 
 railways, 
 tram and 
 
 OthiT 
 
 rai i ways 
 along 
 hipfhways. 
 licv. Stat, 
 c. 170. 
 
 1880, 
 repealed. 
 
 (gr) See sub-s. 36 of sec. 496. Where a railway company constructed i 
 their road along a highway without any formal application for leave 
 the council of the municipality, having subsequently passed a resolu- 
 tion notifying the company to fill up the ditch on both sides of the I 
 railway and to put down proper crossings, were held to have thereby I 
 admitted that the company was lawfully in occupation of the hi 
 way. Pembroke v. Canada Central R. W. Co., 3 0. R. 503, The I 
 leave of the municipal authorities required by 31 V. c. 68 (DoeI, 
 before a railwaj"^ is carried along an existing highway, may be granted I 
 before, during, or after the corstruction of the railway, and need not I 
 necessarily be given by by-law. lb. 
 
 ■\x '.Usia 
 
the petition by 
 umicipality, and 
 i-y of the (leben- 
 ount to be raised 
 
 the said by-law. 
 
 ratable property 
 the municipality 
 lual special rate 
 kI for the repay. 
 hin twenty years 
 yearly, or half 
 nncils, reeves, and 
 »ality are hereby 
 ill such cases. 51 
 
 may pass by-laws 
 jase such authority 
 on property of the 
 I conditions as the 
 ctions co..taiiied in 
 bher A.cts affecting 
 s to authorize com- 
 ays and other rail- 
 and conditions as 
 10. 
 
 (.09 1 FORMATION OF POLICE VILLAGES. 
 
 PART VIII 
 
 Police Villages. 
 
 609 
 
 mv I.-F0RMAT10N OF. 
 
 ^ ,; TI -Teustees, and Election of. 
 
 piv III -Duties of Police Trustees. 
 
 Division I.— Formation of. . 
 
 Existhi^ Villages continued Sec 638. 
 
 yew Police Villages— how fonned. Sec. 639. 
 
 638 Until otherwise provided by competent authority, Existing 
 pvprv existing police village (a) shall continue to be a police ^m^es 
 village, with the boundaries now established. 46 V. c. 18, continued. 
 S.632.' 
 
 (539 On the petition of any of the inhabitants of an New police 
 bDincorporated village, the council or councils of the" ^^'" 
 ounty or counties within which the village is situate (h) 
 
 Ifll There is in general no difficulty in defining the boundaries of 
 1 incorporated city, town, or village, because the statute, proclama- 
 tion or other authority incorporating such a municipality usually 
 L'crihes the boundaries. See Irwin v. Bradford, 22 U. C. C. P. 18. 
 But in the case of a town or village not so incorporated, or not having 
 Jilts otherwise assigned to it, there must of necessity be uncertainty 
 I to the boundaries. A police village may be set apart by a county 
 louncil with such limits as are deemed expedient. Sec. 639. The 
 loundaries of a village or hamlet fluctuate from day to day with the 
 [Towth of houses, but the eflfect of this section will be to restrict the 
 loundaries, notwithstanding; the growth, until such boundaries be 
 jherwise established. The boundaries declared are the boundaries 
 ioiF established. See Beg. v. Cottle, 16 Q. B. 412 ; Milton-next- 
 Wtii'i'iorne Cmnmissioners v. Faversham, 10 B. & S. 548, note ; see 
 rther, note c to sec. 639. 
 
 The words " unincorporated village," as here used, may be 
 
 joked on as the word " town " or ' ' village '" used in several English 
 
 lilts of Parliament to indicate a collection of houses. It is a mat- 
 
 rof some difficulty to give a definition of "town" or "village," 
 
 jeo not incorporated, so as to cover all cases. In Co. Litt. it is 
 
 I tiiat " a place cannot be a town in law unless it hath, or, in 
 
 last hath had a church, and celebration of Divine service, 
 
 iraments, and burials." (115 B.) If the words "blacksmith's 
 
 |ip, tavern, and store," were substituted for the •«'Drds *' a church," 
 
 the definition of Coke would not be far short of a hamlet or 
 
 |ie village as commonly understood in this country. In Beg. v. 
 
 77 
 
610 THE MUNICIPAL MANUAL , 
 
 [s- 639, 
 may, by by-law, erect the same into a police viU 
 assism thereto such limits as may seem exnpf1i"a«* / ^P' '^'^'1 
 c. 18, s. 633. P««^«nt. (c) 46 V, 
 
 Fifiher,8 C. & P. 612, Patteson J., said, "It ig vervrlfls 
 define what is a town in ordinary meaning. It varies f ''''' *<> 
 day by the erection of new houses." lu Elliott v e ™,^*yto 
 /?. W. Co., 2 Ex. 729. Parke, B., said, "It would ^'"""'^ 
 
 the word town is not to V)e under-stood in its strict T'^T- "'^' 
 pretation as a township having a church or a constabl h '"^' 
 containing a number of houses congregated together—' • ''/I'l^^'s ■ 
 spot where the occupation is continuous. " Aiderson B ')" 'Iv'*'**'! 1 
 case), said, " What the walls of towns were in ancient ti"* ^ ^*''" 
 a boundary, continuous buildings are now. By coatinuo'''*T •'''^"'l 
 I do not mean buildings which touch each other, but l[^ n''''"'^' 
 reasonably near that the inhabitants may be cons'idprp.i " I "o'soj 
 together. " Within the ambit surrounded by such houses •^r^^""'^ 
 when the railway passes through that ambit it nasspd fl, J^ i T" ^""^1 
 lb. 730, 731. In Begina v^ CoUle, 16 Q. ryiy^"'' 
 Gurney charged the jury that a town is generally a'conffrPMr*'']] 
 houses," and that the jury were to say whether the spot in 7? I 
 was surrounded by houses so reasonably near that " thp ' . ^J. '""I 
 might be fairly said to dwell together." Referring to thir^"''' 
 Lord Campbell in tlie (same case) said that the learned Recowl ? 
 with much felicity comprised, in a few words nil that was tM 
 in the language of the Barons of the Exchequer, as to the (IphI!!?!! 
 town, in EllioU v. South Devon li. W. Co. Ik 420. His d? 
 was also approved of in ^^ilton-nexi-SUfdnfjborne Comvikno^''^ 
 Faoershnm, 10 B. «& S. 548; and London and Snnlh ir. /"■"' I'i 
 W. Co., L. R. 4 H. L. 610. In the last mentione,! wt! if 
 near Teddmgton, m Middlesex, situated close to the raihvav stitiJ 
 but not continuously l)uilt ui)()n, were held not to be lands withlJ 
 the town. "That definition amounts to this; that where there J 
 such an amount of continuous occupancy of tiie '^'round bv I d 
 that persons may be said to be living in as it were in the "a 
 town or place, continuously ther<; -for the purposes of the Railnl 
 Acts, and according to the poimlar sense of the word, and not t 
 legal sense of the word, which would not give at all a sensible dej 
 nition, the place may be said to be a town. Per Lord Hatherlev 
 61 f). In another case, Vice-Chancellor Stuart said : ' ' Four orfive'siu, 
 veyors and the solicitor of the comjjany appear to have sworn tM 
 they consider Teddington a town ; but none of them state anytii 
 in support of that opinion except that tlierc are in Teddington a nu 
 
 , »-, 1 - -iv - , , -, -Wingtonanud 
 
 ber of shops, such asnnUiners, grocers, bakers, butchers, and the liki 
 and from such reasoning they arrive at the conclusion that Teddi 
 ton is a town. Tlie fallacy of this conclusion, however is made qi 
 apparent from the maps and plans which have been referred toin 
 case ; and from which no man of ordinary sense and discernment 
 fail to see that Teddington is not anything more than whatisw/ii, 
 and properli/ called a villmie. " Hlackmore. v, London ami South Wi 
 Urn R. W. Co., 19 L. T. N. S. 5. 
 
 {c) The power is by by-law to erect the same into a police riljj, 
 and assign thereto "such limits as may seem expedient." Iti 
 
.611 
 
 ler, but buil(lino3so| 
 
 .„ 1 QUALIFICATION OF POLICE TRUSTEES. 
 
 Division II.— Tbcstees, and Election thereof. 
 
 Fxisting Trustees Continued,. Sec. 640. 
 [IZtm three in number. Sec. Ul. 
 \ Zification required ;or Sees. 642, 643. 
 
 vh^iMS wlio are. Sec. 644. 
 
 \L,rnim Officer, how appointed. 6ec. 645. 
 \lSZt tab: held in a Tavern. Sec. U7. 
 Isommtion, how conducted. Sees 6 iS-Q50. 
 \pSr>^, h<m conducted Sees. 651-Q55 . 
 
 IPowersoflieturntng Officer. Sec. 65G. 
 
 hmre of Office Sec65J. 
 
 Lurnof Voter's Lists, etc. Sec. 658. 
 
 \ncames,howfiU^d Sec. 659 . • 
 
 \lmecting Tmstees, ho7v appointed. *Sec. bbi). 
 
 640. The trustees of every police village existing when ^"1^^"* 
 ils Act takes effect, (d) shall be deemed the trustees conVnue 
 nesoectively of every such village as continued under this 
 
 P;(e)46V.c. 18,s. 634. 
 
 641 The trustees of every police village shall be three 
 iiumber. (/) 46 V. c. 18, s. 635. 
 
 642- The persons qualified to be elected police trustees Quaiiflcation 
 lall be such pei'sons as reside within the i)olice village or °^ ti'uste^*- 
 ithiii two miles thereof, (g) and are eligible to be elected 
 jwnship councillors, and are qualified in respect of property 
 )r which they are rated in such police village to the amount 
 
 luired 90 to qualify them, (h) 46 V. c. 18, s. 636. 
 
 islative power. The council should, in the same by-law, name 
 lb place in the village for holding the first election, and the return- 
 '' ! officer thereof. vSec. 645. 
 
 While the members of the executive and legislative body of 
 kwns, townships, and incorporated villages are called councillors, 
 
 J sees. 69-71), the members of such a body in the case of a police 
 
 lage are called trustees. The general powers, however, of each 
 
 dy are much alike. See sec. 661, et seq. 
 
 \(t) See note a to sec. 638. 
 
 |(/) It is presumed that two (the majority) would be a quorum. 
 i note n to sec. 225 ; see also sec. 646. 
 
 ^, In the absence of express provision, persons resident without 
 jiimits of the village would not be qualified. Reg. ex rel. Blasdell 
 IMesJw, 7 U. C. L. J. 101 ; Reg. ex rel. Fleming v. Smith, lb. 66. 
 
 m See sec. 73, and notes thereto. 
 
 in Number of 
 trUHtees 
 
V 
 
 Ij 
 
 i 
 
 ''L^iBK-;^ 
 
 612 
 
 Deficiency la 
 numlnr ot 
 qualified 
 
 THE MUNICIPAL MANUAL. 
 
 643. If there are not six persons qualifi 
 
 preceding section, any person entitled to vote nt +», 
 *">"»"• may be elected, (i) 46 V. c. 18, s. 637. ^ ^^®«ti' 
 
 [«■ 643. 
 
 ^^^ under thej 
 Jonj 
 
 QuaiificatiOD 
 of electors. 
 
 644. Any township elector, rated on the last as 
 roll for such property in a police village as entitl ^^f?'"^®'**] 
 vote in respect thereof at the municipal electio ^ f ^ ***! 
 township, shall be entitled to vote at the election t ^'"l 
 trustees, (j) 46 V. c. 18, s. 638. *°'' Voh\ 
 
 645. The council by which a policevillage is estaW h 1 
 election, 'ete" shall, by the by-law establishing the same, (/t)naraet}, i ' 
 
 in the village for holding the first election of police t ^ \ 
 and the returning officer therefor. (I) 46 V. c 18 '"fio*' 
 
 Place for 
 holding first 
 
 Place for 
 holding 
 
 646. 
 
 In a police village, after the first election thp trn». i 
 
 subsequent thereof, or any two of them, (m) shall, from time to 
 
 elections. writing under their hands, appoint the returning officii' ^ 
 
 etc. 
 
 and 
 
 No election 
 to be held in 
 a tavern. 
 
 ID; 
 
 the place or plae -s within such village for holding nonn«„V 
 and elections. («) 46 V. c. 18, s. 640. * ^^"" 
 
 647. No election of police trustees shall be held , 
 tavern, or in a house of public entertainment licensed to 
 spirituous liquors, (o) 46 V. c. 18, s. 641. 
 
 Sng,'"" , 648.-(l), A meeting of the electors shall take place M 
 the nommation {p) ot candidates for the offices of d I' 
 trustees, in each police village, at noon on the last Mond' 
 in December, annually, (q) at such ))lace (r) therein a/ 
 from time to time fixed by the trustees. 
 
 (i) See note m to sec. 76. 
 
 {j) See sec. 79, and notes thereto. 
 
 (k) See sec. 639. 
 
 (I) See sec. 90, and notes thereto. 
 
 (m) See note n to sec. 225. 
 
 (n) The county council must name the place for holding the M 
 election, and the returning officer therefor. Sec. 645. Both ma 
 as to subsec^uent elections, be appointed under this section by i 
 trustees or any two of them. 
 
 (o) See sec. 96, and notes thereto. 
 (p) See note q to sec. 107. 
 iq) See note s to see. 107. 
 (r) See note r to sec. 107. 
 
ELECTION OP POLICE TRUSTEES. 61S 
 
 the last Monday in December happens to be P^°]''j|^'» '<" 
 y the meeting shall be held on the preceding day. 
 Sr(.)46V.c.l8,s.642. 
 
 fiio The returning officer (or, in his absence, a chairman ^^^^9^^ 
 v! chosen) shall preside at such meeting, (t) of which the 
 ,l^e trustees shall give at least six days' notice, (u) 46 V. 
 
 18, s. 643. 
 
 fiRfl ifonly three candidates are proposed and seconded, J^^^^^^^t^J^ 
 tirniiK^ officer or chairman shall, after a lapse of one than offlcea. 
 , (leclare^such candidates duly elected, (v) 46 V. c. 18, ' 
 
 644. 
 
 If more than the necessaiy number of candidates are if ««>''«'. 
 
 the returning officer or chairman shall adjourn the demanded, 
 iiffs until the first Monday in January, when a poll 
 K)lls shall be opened for the election, at nine o'clock in *^ 
 I'mmnino and shall continue open until five o'clock in the 
 ^'"° ="■ ' '-' "'' V. c. 18, s. 645. 
 
 Election. 
 
 ruoon, and no longer, (to) 40 
 
 Lj-n f lie returning officer or chaii-nmn of the meeting Notice of 
 11 0,1 the (lay following that of the nomination, post up prop"o"ed, to 
 Ithe office of the clerk of the township, if it is situated in *'« P"**'*** 
 111 iiolice village, and if not, then in some othei- public 
 L in such police village, the names of the persons nom- 
 [tedatsuch meeting; and shall,^ if a poll is necessary ;^j;^«f^^ ^^ 
 
 in writin"' from the clerk of the township, or clerks obtained. 
 itiie townships, a list of the names of the persons ap])earing 
 the assessment roll to be entitled to vote in the said police 
 k"e, such as is required to be furnished under the next 
 iceeduig section, (a) 46 V. c. 18, s. G46. 
 
 ^53. The clerk of the township, or clerks of the townships, f^^J^^^^I^ ^^ 
 wliicli anv police village is situated, shall, at latest, on the lurnish 
 [previous to the day for opening the poll, deliver to the ;\ft^„\*^j;, 
 
 I.Seesec. 112. , 
 
 I See note t to sec. 108. 
 
 I See note c to sec. 115. 
 
 I See note e to sec. 116. 
 
 I See note/ to aec. 116. 
 
 I The omission of the returning oflBcer or chairman to do as 
 by this section would not per se invalidate the election. 
 \u nl Walker v. Mitchell, 4 P. R. 218. 
 
^--9 
 
 n 
 
 iMJS^f 
 
 MjUMi 
 
 
 i 
 
 
 
 614 
 
 THE MUNICIPAL MANUAL. r 
 
 b- 653, 
 returning officer of such police village a list of tK 
 according to the foi*m by law prescribed in the cas ^ f 'I 
 municipal elections, of the persons entitled to vot*» \ ^^^^^ 
 ship municipal elections, in respect of real iironeit ^ ■ "" 
 
 por-j 
 
 ■'& n.. ILIIII Ullnll -. 
 
 the said list by his solemn declaration in 
 hand. 46 V.'c. 18, s. 647. 
 
 or income received, in the said police villa<Te or n n 
 tion thereof in the municipality of such clerk' and si if 
 
 Except 
 where 
 oiherwioe 
 provided, 
 same pro- 
 ceedings, 
 <>tc., to be 
 bad as at 
 elections, 
 etc., of 
 councillors, 
 etc. 
 
 Casting vote. 
 
 pro- 1 
 
 654. The various sections of this Act relating to th 
 ceedings at the nomination and election of townsh" ^ '"^ 
 cillors, including those relating to the questions to V*^"" 
 and oaths to be administered to electors and a t" '"" 
 appointment of a chairman or returning othcer in i 
 
 person appointed is absent, and also the provisions res * 'I 
 controverted elections and for the prevention of 'I 
 practices, shall apply and be acted on, unless where a m'^^I 
 provision is herein made, in the election of police truste ^ 
 
 46 V. 
 
 648. 
 
 655. In case a casting vote is required to determine I 
 election, the returning officer, whether otherwise qualj/ 
 or not, shall give a casting vote for one or more of 
 candidates, so as to decide the election, and except in • \i 
 case the returning officer shall not vote at such pIpm' I 
 (c) 46 V. c. 18, s. 649. "''°'' 
 
 feSnl 656. The returning officer shall have the like powe« {J 
 officer. the preservation of the peace as are given to returning officen 
 and deputy returning officers at municipal elections (d) 
 V. c. 18, s. 650. ■ * ' 
 
 office."* 657. The persons elected shall hold office until their sue- 
 
 cessors are elected or appointed and sworn into office anil 
 hold their first meeting, (e) 46 V. c. 18, s. 651. 
 
 ^ffl'""to^ 658. Every returning officer shall, on the day aft€r tin 
 return ballot close of the poll, return the ballot papera, voters' list am. 
 to^clOTk 0?' other documents relating to the election, to the clerk of M 
 
 (6) This is in accordance with the general rule that a particuii 
 provision, .subsequent to a general provision on the same Bobje 
 shall control the latter. See note b to sec. 2. 
 
 ^ (c) See sec. 157 and note u to sec. 195. 
 
 (d) See note iv to sec. 100. 
 
 (e) See sec, 186 and notes thereto. 
 
 ^miw 
 
,661.] 
 
 OATH OP OFFICE OP POLICE TRUSTEES. 
 
 which the village is situated, or in case the 
 
 cliio in wnicii m^ ..w..^^ ^- — , -. ... ^^^^ «..^ 
 
 '■" y s in several tow^nships, then to the clerk of the 
 1'"?^ verifiefl under oath before such clerk, or before any 
 
 Jce'oftbepei " '' " 
 
 ■ ill"»' ^^« 
 
 ,te. 46 V. c. 18, s. 652. 
 
 illftge lies 
 
 venuoi «ii 
 
 of the peat 
 "•"itlie village lies, as to the due and correct taking of 
 
 616 
 
 townphip, 
 veriflpd 
 under oatb. 
 
 3ace for the county or union of counties in 
 
 llie VI 
 
 of a vacancy in the office of a police trustee. Filling 
 
 vaoanoieR. 
 
 crQ In Ciise . . 
 
 1 tl or otherwise, the renminnig trustee or trustees 
 
 LMT ''writing to be tiled with sucli clerk as aforesaid, 
 
 f ■ fa tniste'e or trustees to supply the vacancy, (g) 4.G 
 
 /.en The trustees of every police village, or any two of 
 
 ^•''^'e clerk 
 
 • ^^iltoniiships, with the clerk of the county, appoint 
 '!7their number to be insi)ecting trustee, (h) 46 V, c. 
 
 's,654. . 
 
 'ftfifl The trusiee» "i c»»..j ^^^^^^^ ......^v., ... .^..j „,.v, ^^ 
 
 ^ 1 tees shall, by wiiting inider their hands to be tiled 
 r,' I'^lpr'k of the townshij), or in case the village lies 
 
 Appoint- 
 ment of 
 inspeeting 
 trustees. 
 
 tits Of 
 
 Division III.— Duties of Police Trustees. 
 
 JoMce and qualijication. Sec. 661. 
 -' f-.,. „i' w. fir 9. 
 
 leeting of. 
 
 Sec. 60 
 
 Ztms of" hw: provided for. Sees. 663-666. 
 Mons to he enforced by Trustees. Sec. 667. 
 
 (i Prevention of fire. (1-12). 
 
 » (hmpoivder. (13, 14). 
 
 i< Nuisances. (15). 
 diks. Sees. 668-670. 
 \(dofduiyby Trustees, how pumskable 
 Mono/ actions for penalties. "" "" 
 
 Sec. 669. 
 
 Sec. 670. 
 
 iiRl Everv nolice trustee shall take oaths of otiBce and Oaths of 
 
 )0i- -u'^'j 1 . . ottice nna 
 
 ilitication in the same manner and withm the time pre- quaiiflcation. 
 kl for township councillors, under like penalties in case 
 
 Wt. (0 46 V. c. 18,8.655. • 
 
 [This is contrary to the ordinary rule. In the event of a 
 
 m in a council, the council orders a new election. See sec. 
 
 Lnd notes theieto. Here the new trustee is to be appointed, 
 
 Vted, See note c to sec. 186. 
 
 j The duties of the inspecting trustee are more especially to 
 Itothedutiesof the otiice, and enforce the regulations of the 
 (village. iSee sec. 665 ; sec. 667 sub. 15 ; sec. 668. 
 See sec. 277, and notes. " , 
 
616 
 
 When flrit 
 meetiDg to 
 bo held. 
 
 Jilzpendi- 
 ture, how 
 provided (or, 
 
 THE MUNICIPAL MAKUAL. 
 
 [iJ 
 
 sanieJanu. 
 
 at 
 
 662. The trustees of every police village shall h H u • 
 tiist meeting at noon on the third Monday of the s 
 ary in which they are elected, or on some dav tJ.t.'I.!^^^^ 
 noon, (i) 46 V. o. 18, s. 656. ^ ^"ereafter 
 
 663. The trustees, at any time previous to the fi ■ t i 
 . of June, may require the council of the town.shii) • 
 
 ships in which the i)oIioe village is situated to cause TT 
 levied along with the other rates, upon the propertv r ii 
 to assessment in such village, such sums as they 
 mate to be required to cover the expenditures foi- tb^ ^^ ' 
 in respect of matters coming within their duties andT •' ""^ 
 any balance for expenditures incurred during the year t^ T"^ 
 past, (k) such sum not to exceed one cent* in the (loir^ '^' 
 the assessed value of such i)roperty. (/) 46 V c IS •"<••-" 
 
 Where 
 Tillage in 
 two or morf 
 townshipa. 
 
 664. In case the village is situated in two 
 
 or more tdwi,. 
 
 Payment of 
 oniers givon 
 by trustees, 
 t'tu. 
 
 I-' 
 
 ships, the trustees shall require a proijortionatc amount tV, 
 each, according to the value of the property of the vill „T 
 each township as shown by the last equalized assesf!!! 
 rolls, (m) 46 V. c. 18, s. 658. '""•" 
 
 665. The township treasurer shall from time to tiim. if 
 the has moneys of the municipality in his hands not other ' 
 wise appropriated, pay any order given in favour of any pe,s,j,i I 
 by the inspecting trustee, or by any two of the trustees, to 
 the extent of the amount I'equired to be levied as afore 'I 
 although the same may not have been then collected / v 
 46 V. e. 18, s. 659. ' '"'| 
 
 (./) 8ee seo. 223, and notes. 
 
 {k) The police village, for purposes of taxation, is a portion of tlie I 
 township or townships in which situate. Hence, when the police I 
 trustees rec^uire moneys to enable them properly to disciiarce tlieir I 
 official duties, they can only obtain it by application to the township I 
 council or councils. See sees. 604, 665. In this respect they are iaj 
 the same situation as the board of police in cities. 8eenoteitol 
 sec. 444. ^ 
 
 (I) 8ee note e to sec. 357. 
 
 (m) See note /; .supra. 
 
 (w) This is for an advance on the levy. It is the duty of l. 
 township treasurer, if he have unappropriated township moneys ill 
 hand, to make the advance. The advance is to be made, nottotiiej 
 police trustees, but to any person having an order signed by tiiej 
 inspecting trustee or any two of the trustees. The order cannot bel 
 properly given except for work actually done, or in payment of some! 
 other executed contract. 
 
,, Kl PREVENTION OP FIRE. 617 
 
 s. Col o.\ 
 
 RRR No trustee shall give such order in favour of any J^^f°|^'"''''" 
 pxcet)t for work previously actually performed, or in Sven. 
 '^'^leiit of some other executed contract, (o) 46 V. c. 18, 
 
 foco. 
 
 off! The trustees of every police vfllage shall execute and ^^l^ZuoL 
 ' tlio regulations following (p) : — to he 
 
 enforced : 
 
 enforce therein 
 
 Prevention of Fire. 
 
 ally. 
 
 1 Fvprv proprietor of a house more than one stoiy high, for 
 I 11 place anil keep a ladder on tlie root ot suo^- house near iaadLT...ti-. 
 
 " ■uminstthe principal chinniey thereof, and another ladder 
 '""Vinf from the ground to the roof of such house, (q) under penalty. 
 
 ^"^'^ „i?v nf #!l for every omission : and a further penalty of 
 
 » penalty oi ^ - ^ ^ , . ' i j 
 
 , ;o for every week such omission continues. 
 
 " Rvery houseliolder shall ])rovide liiniself with two Kim bm kcts. 
 h kets fit for carrying water in case of accident by fire, {>•) Pmmi y. 
 1 „'n(ler ii penalty of $ I for each bucket deficient. 
 
 3 No person sliall build any oven or furnace unless it As to 
 I jjgin^ (1,1(1 is properly connected with a chimney of stone or '""'"'''"- "**'• 
 brick at least three feet higher than the house or building ^^^^^^^^ 
 [ill which the oven or furnace is built, (s) under a penalty 
 [not exceeding $2 for non-compliance. 
 
 i No person shall pass a stovejnpe through a wooden or stov<! jiiiuw, 
 [lathed partition or floor, unless there is a space of four''"'' 
 liiiclies between the pipe and the woodwork nearest thereto ; 
 land the pipe of every stove shall be inserted into a chimney ; 
 tad there sliiiU be at least ten inches in the clear between 
 [nv stove anil any lathed partition or wood-work, (t) under ' "" ^ ' 
 
 I I'lenalty of $2. 
 
 ') No ))erson shall enter a mill, barn, outhouse or stable, '''«''*« '" 
 nith a lichted caiiiUe or lamp, unless well enclosed in a ' ' ' 
 btern, nor with a lighted i)ipe or cigar, nor with fire not p,.„„,tj, 
 Lroperly secured, (u) under a penalty of %\. 
 
 (o) See CMham v. Houston, 27 U. C. Q. B. 550. 
 
 i (/)) The regulations are made by the statute. The duty to enforce • 
 
 Piem is obligatory. See sec. 669. 
 
 j (5) See sub-s. 19 of sec. 496. 
 (r)Seesub-s. 21 of sec. 496. 
 (s) See siib-s. 15 of sec. 496. 
 (/) See 8ub-s. 15 of sec. 496. 
 
 (ii) See sub-3. 13 of sec. 496. ' ' 
 
 <8 ■■ . 
 
018 
 
 Cfalinneyi. 
 Penalty. 
 
 TUB MUNICIPAL MANUAL 
 
 6. No person shall light or have a fire in a 
 or outhouse, unless sucli tire is in a brick or utoiift dii 
 or in a stove of iron or other metal, jiroperly seem 1 
 under a penalty of $i. 
 
 b- 667 6. 
 
 wooden l,ou,e 
 iiney, 
 
 Securing fire 
 carried 
 througb 
 «lruvt», etc. 
 
 Pinilty 
 
 Lighting 
 flte<oi. 
 ■treets. 
 Penalty. 
 
 II»y, straw 
 •tc. 
 
 Peaalty. 
 Ashes, etc. 
 
 Penalty. 
 
 Time. 
 
 Penalty. 
 
 • Ohiircoal 
 furnaces. 
 Peualty. 
 
 7. No person shall carry fire or cause fire to be c ' i 
 into or through any street, lane, yard, garden, orothciTl 
 without having such fire confined in Home eoppor iron ' •'**^' 
 vessel, (w) under a penalty of ^1 for the first otl'ence anV" 
 $2 for every subsequent offence. > •' oi 
 
 8. No person shall light a fire in a street, lane m- , h 
 place, (x) under a penalty of $1. ' •""'''« 
 
 9. No person shall place hay, straw, or fockler or 
 same to be placed, in a dwelling house, (y) „n,ler a"i,ei,altv 
 of $1 for the first offence, and of $5 for every week the h 
 stmw, or fodder is suft'ered to remain there. ''•^' 
 
 10. No person, except a manufacturer of pot or w i 
 ashes, shall keep or deposit ashes or citiderH in any wood! 
 vessel, box, or thing not lined or doubled with sheet- " 
 
 cause the 
 
 or copper, so as to prevent danger of fire from such ast w 
 cinders, (z) under a penalty of $1. • 
 
 11. No person shall place or deposit any (aiick on 
 unslacked lime in contact with any wood of a house 
 house, or other building, under a i)enalty ^f $1, and afurtheri 
 penalty of $2 a day until the lime has been removed or 
 secured to the satisfaction of the inspeotins tnistpp in\l 
 
 . ... r- o "'""''Cc, ^f(| soas] 
 
 to prevent any danger of tire. 
 
 12. No i)ei'son shall erect a furnace for making charcoal of 
 wood, (b) under a penalty of $5. 
 
 (v) See 8ub-8. 13 of sec. 496. 
 
 {to) See 8ub-a. 17 of section 496. 
 
 (x) Public Place. See note r to sub-s. 39 of section 489, 
 
 (y) See sub-s. 14 of sec. 496. 
 
 (z) See 8ub-8. 17 of sec. 496. 
 
 (a) The continuance of the offence is here, as it were, madeaiie»| 
 though not strictly a subsequent offence. The person offendiiiK J 
 subject t(» a penalty of $2 a day after the first until the removal off 
 the lime. See Pilcher v. Stafford, 4 B. & S, 775. 
 
 (6) See sub-s. 15 of sec. 496. 
 
 ^JiiunenrttU^. 
 
,668.] 
 
 PENALTIES. 
 
 Gunpowder. 
 
 619 
 
 n No person shall keep or have gunpowder for sale, «»7^^d^7 
 t in boxes of copper, tin or lead, (c) under a penalty k«pt. 
 TS for the first ottence, and $10 for every subsequent Penalty. 
 
 offence, (d) 
 M No person shall sell gunpowder, or permit gunpowder Not to be 
 sold in his house, storehouse or shop, outhouse or other night. 
 r Idiinr at night, (e) under a penalty of $10 for the first penalty. 
 offence, and of $'20 for every subsequent offence. 
 
 Nuisances. 
 
 ,- iMrtuPiNon shall throw, or cause to be thrown, any Certain 
 tiitli or rubbish into a street, lane, or public place, (J ) under prohibited. 
 
 enalty of $1, 'in^^ a further penalty of $2 for every week 
 ?' „iects or refuses to remove the same after being noti- 
 fuAflosobv the inspecting trustee, (y) or some other 
 jiuauthoriLd by him. 46 V. c. 18, s. 662. 
 
 Penalties. 
 cft The insDBcting trustee, or in his absence, or when who '<> ^"o 
 
 ybO. 1"'' i»si'^^^' o , r, ' r i.v . 1 . . 1 ,, for penalties. 
 
 he is the party complained of, one ot the other trustees, shall 
 sue for all penalties incurred under the regulations of police 
 herein established, (h) before a Justice of the Peace having ^^^.Jf'*'" 
 I iiDJsdiction in the village and residing therein, or within five 
 ' iiles thereof ; or if there be no such Justice then before any ^^^^^^^^^^^ 
 Justice of the Peace having jurisdiction in the villHge ; and and levy of 
 the Justice shall hear and determine such complaint in a v^oMy. 
 sunimavy manner, and may convict the offender, upon the 
 oath or affirmation of a credible witness, (i) and cause the 
 penalty, with or without costs, as he may see fitting, to be ' 
 levied by distress and sale of the goods of the offender, to be 
 paid over to the path-master or path-masters of the division 
 
 (c) See sub-8. 9 of aec. 496. 
 
 (d) There is a difference between a continuing offence and a snbse- 
 Iflueut offence. See note o to sub-s. 1 1 of this section. 
 
 (e) See 8ub-s. 9 of sec. 496. 
 
 (/) See note /) to sub-a. 27 of sec. 496. 
 
 (r/) See note a to sub-s. 1 1 of this section. « 
 
 [k] See section 667 
 
 (\] Crdibk witness. See njcc A to jec. 421. 
 
620 
 
 THE JIUNICIPAL MANUAL. 
 
 for hreaoh 
 
 or flivisionH to wliich tho village bcloiiKH, or to Kuch f 
 said path-nm«terH ns tho truHteoH nmy direct ; and nuci" . i 
 iiinstflr or path-nmHterH hIuiII apply tho ponajty to tlie m ' 
 and improvonient of the strcflts and lanes of tho villn.rp ^' i " 
 the direction of the trustees, (j) 40 V. v.. 1 8, h. GG;I.' "' '' 
 
 _.. of 669. Any police trustee who wilfully n("j,dpcts or omits f 
 
 .iuiy by prosecute an oftonder at the request of any rosidcuf i 
 '""'"""'• holder of the village ollbring to adduce proof of ,u, ot"' 
 against tho regulations of police herein e.stal)lisli(;,l, o|. *'T 
 wilfully neglects or omits to fulfil any other tUity in'ipose 1 * 
 him bv this Act, (/•) shall incur a i»enalty of fif) u\ r " 
 18, 8. 664. " ■ ^•'' 
 
 Wh.Mi proM- gyo Th(> penalt ios prescribed by tli». npvt ,.»„, r 
 
 com munced.; section, or by tluit tor tho ostahlishnuMit of rcfrulnti,,, ;". 
 
 police, shall be sued for within ton d.iys (/) aftcrtlio oti'. !' 
 
 has been committed or has ceased, ami not sub.st'(|ueutlv r 
 
 V. c. 18, s. 665. , . ^ ^' ^'' 
 
 CONFIRMING AND 8AVIN(J CLAUSES. 
 
 Biocptions 
 from r«p«iil 
 
 671- Nothing heroin contained shall be taken orooiistri,,,! 
 to art'ect or repeal so much of the schedules in eitlici nf t| , 
 Municii)al Corporation Acts of 1849 and b^'tO as (Ictinps the 
 limits or boundaries of any cities or towns, beiuf; stlinlule 
 B. of the Act of 1849, numbers two, three, foui', six, seven 
 no.indarkd eight, nine, ten and eleven, and schedule C of the .same Act 
 tlw^T^ "'"'numbers one, two and three, and scli('du](> 15 of the Act of 
 1 850, numbers one, five, twelve, thirteen, fourteen, ami tiftocn 
 and also so much of schedule D of the said Acts of Isi'Jumi 
 1850 as relates to Amherstburgh, and also so much of section 
 U03, of the said Act of 1849, and so much of aiiv other 
 sections of either of the said Acts relating to any of the sche- 
 dules thereof as have been acted upon, or as are in force and 
 remain to be. acted upon at the time this Act takes eti'ect, 
 and all proclamations and special statutes by or under which 
 
 Alllll'TSt 
 
 lmr;th. 
 
 Prodiiiiia- 
 
 .ions. 
 
 {j) See note x to sec. 427, as to the form of conviction, 
 
 {k) The duty to enforce the regulations of a police village is oUi 
 gatory, see sec. 667, and is hei-e made penal. As to what h a wiljul 
 neglect or omission, see sec. 227 of the Assessment Act, and notes 
 thereto. 
 
 • (/) See note b to sec. 185. 
 
 m 
 
 ki 
 
 t-"i: 
 
 'A..4.i^4;l 
 
.-.n roNFIKMINO AND HAVINU CLAUBEH. 
 
 ul other inunici|nilitio8 havo been erected, ho far hh 
 ''"** ?' '*i.u ..mitinuinir tlio hhiho luul the houmliirioH thoreof, 
 :S^£^^^^for.ti,u) 46V.c.lH,H.6(;r,. 
 
 872. Notl.iii« iH'rein 
 ,u- h'U'tH of Ahioimt, J/ntihokn, I'arry Sound, iVipisHin;/, 
 
 — TThis^^ectiou wivi specially; prescrvea an<l coiitinucil by see. 4'J.S 
 
 Ji Act 2!. .^ :W Vict. c. • ' 
 
 021 
 
 contained shall affect Thn /lc< Hpwlai Acti. 
 U iinictpaf J )inHtutt(mn in \»b not 
 
 iilT«i;t«(l. 
 
 ,,r,.scrviitioi_> 
 ,i,n„iciiiaiitit'M 
 
 61,' Ita oxisttitico in oHSoutiiil to tiio 
 of Mit" territorial au«l niuuiciiial organization of many 
 
 ' *' 
 

 :fcP*^S' 
 
 
 622 
 
 THE MUNICIPAL MANUAL. 
 
 SCHEDULE A. 
 
 {Section 123.) 
 
 Form of Ballot Paper. 
 
 (1. In the case of Cities.) 
 
 Form for Mayor. 
 
 [SCHED. A. 
 
 **^ «4-t rri * '*-' 
 
 o o^-j: o 
 
 fc< -^3 K^ rrt >» 
 
 3 
 
 CZ3 
 
 to 
 
 a 
 
 3 
 
 o 
 
 "00 
 
 "S s s ® § § 
 
 z; S 
 
 g 
 
 ALLAN. 
 
 Charles Allan, King Street, 
 City of Toronto, Merchant. 
 
 BROWN. 
 
 William Brown, City of 
 Toronto, Banker. 
 
 Form for Aldeeman. 
 
 ARGO. 
 
 James Argo, City of Toronto, 
 Gentleman. 
 
 BAKER. 
 
 Samuel Baker, City of Toronto, 
 Baker. 
 
 DUNCAN. 
 
 Robert Duncan, City of Toronto, 
 Printer, 
 
SCHED. A.] 
 
 FORM OF BALLOT PAPER. 
 
 623 
 
 (2. In the Case of Towns divided into Wards.) 
 
 Form for Mayor, Reeve, and Deputy Reeve. 
 
 THOMPSON. 
 
 Jacob Thompson, of the Town of 
 of Barrie, Merchant. 
 
 WALKER. 
 
 Robert Walker, of the Town of 
 Barrie, Physician. 
 
 BROWN. 
 
 John Brown, of the Town of 
 Barrie, Merchant. 
 
 ROBINSON. 
 
 George Robinson, of the Town 
 of Barrie, Merchant. 
 
 ARMOUR. 
 
 Jacob Armour, of the Town 
 of Uarrie, Pumpmaker. 
 
 BOYD. 
 
 Zachary Boyd, of the Town 
 of Barrie, Tinsmith. 
 
C24 
 
 THE MUNICIPAL MANUAL. 
 
 Form for Councillors. 
 
 [SCHED. 
 
 A. 
 
 o 
 
 I 
 
 BULL. 
 
 John Bull, of the Town of 
 Barrie, Butcher. 
 
 JONES 
 
 Morgan Jones, of the Town of 
 Barrie, Grocer. 
 
 McAllister. 
 
 AUister McAllister, of the 
 Town of Barrie, Tailor. 
 
 O'CONNELL. 
 
 Patrick O'Connell, of the 
 Town of Barrie, Milkman. 
 
 (3. In the case of Towmhipa dimded into Wards.) 
 Form for Reeve. 
 
 (J V d 
 
 S 
 
 a 
 P) " 2 0-- « 
 
 O b 
 (O u 
 
 § o 
 
 
 BARDELL 
 
 Thomas Bardell, of the Town- 
 ship of Peel, Yeoman. 
 
 SNODGRASS. 
 
 Alfred Snodgrass, of tlie Town- 
 ship of Peel, Yeoman. 
 
 ^'^-^^iniM-iife. 
 
SCHED. 
 
 A.] 
 
 FORM OF BALLOT PAPER. 
 
 625 
 
 Form for Councillors. 
 
 BULL. 
 
 John Bull, of the Township of 
 York, Doctor of Medicine. 
 
 JONES. 
 
 Morgan Jones, of the Township 
 of York, Farmer. 
 
 McAllister. 
 
 Allister McAllister, of the Town- 
 ship of York, Farmer. 
 
 O'CONNEIL. 
 
 Patrick O'Connell, of the Town- 
 ship of York, Lumber Merchant. 
 
 RUAK 
 
 Malachi Ruan, of the Township 
 of York, Farmer. 
 
 SCHULTZE. 
 
 Gottfried Schultze, of the Town- 
 ship of York, Farmer. 
 
 WASHINGTON. 
 
 George Washington, of the Town- 
 ship ri York, Gentleman. 
 
 79 
 
626 
 
 THE MUNICIPAL MANUAL. 
 
 [SCHED, j 
 
 (4. In the case of Incorporated Villages and Towmhim n 
 divided into Wards). 
 
 
 OS >, 
 
 d . 
 
 I 
 
 ft? 
 ft? 
 
 ft? 
 
 ^1 g5 
 
 ft? 
 
 ft; 
 o 
 
 g 
 
 8 
 
 ft? 
 
 BROWN. 
 
 John Brown, of the Village of 
 Weston, Merchant. 
 
 ROBINSON. 
 
 George Robinson, of the Village 
 of Weston, Physician. 
 
 ARMOUR. 
 
 Jacob Armour, of the Village 
 of Weston, Pumpmaker. 
 
 BOYD. 
 
 Zachary Boyd, of the Village 
 of Weston, Tinsmith. 
 
 BULL. 
 
 John Bull, of the Village of 
 Weston, Butcher. 
 
 JONES. 
 
 Morgan Jones, of the Village of 
 Weston, Grocer. 
 
 McAllister. 
 
 Allister McAllister, of the Vil- 
 lage of Weston, Tailor. 
 
 O'CONNELL. 
 
 Patrick O'Connell, of the Vil- 
 lage of Weston, Milkman. 
 
 Note. — In any case where there are two or more Deputy Reeves, thi 
 ballc^ paper will make provision accordingly, naming them i 
 Deputy Reeve, second Deputy Reeve, &c. 
 
 46 V. c. 18, Schei A. 
 
 !;<ti .tfebife-' 
 
i&. 
 
 R ] DIRECTIONS FOR GUIDANCE OF VOTERS. 
 
 627 
 
 SCHEDULE B. 
 
 (Sections 126 and 146.) 
 
 pIRECTIONS FOR THE GUIDANCE OF VoTEBS IN VOTINO. 
 
 voter will go into one of the compartments, and, with the 
 
 1 nrovided in the compartment, place a cross, thus x , on the 
 
 ■i hnd side, opposite the name or names of the candulate 
 
 1 nrovided in the compartment, place a cross, thus x , on the 
 ' side, opposite the name or names of the candulate 
 (I'dates for' whom he votes, or at any other place within the 
 •*° which contains the name or names of such candidate or 
 ' ididates. 
 
 ; ™ ^.Qtgr ^ill then fold up the ballot paper so as to show the name 
 ' ^tialfl of the Deputy Returning Officer (or Returning Officer, a.s 
 me may he) signed on the back, and leaving the compartment 
 I without showing the front of the paper to any person, deliver 
 S ballot so folded to the Deputy Returning Officer (or Returning 
 icer an the case may be), and forthwith quit the polling place. 
 If the voter inadvertently spoils a ballot paper, he may return it 
 the Deputy Returning Officer (or Returning Officer, as the case 
 i/iie) who will, if satisfied of such inadvertence, give him another 
 lot paper. 
 
 If the voter votes for more candidates for any office than he is 
 itW to vote for, his ballot paper will be void so far as relates to 
 ,t office and will not be counted for any of the candidates for that 
 
 J the voter places any mark on the paper by which he may after- 
 bds be identified, his ballot paper will be void, and will not be 
 inted. 
 
 Hf the roter takes a ballot paper out of the polling place, or 
 m\s in the ballot box any other paper than the one given to- 
 fi by the officer, he will be subject to imprisonment for any term 
 lexceeding six months, with or without hard labour. 
 
 Hft tk following forms of Ballot Paper, given for illustration, tin- 
 didates are, for Mayor, Jacob Thompson and Robert Walker : 
 [ftfie, John Brown and George Robinson ; for Deputy Reevr, 
 lOB Armour and Zachary Boyd; and for Gonncillors, John 
 MoRaAN Jones, Allister McAllister and Patrick O'Con- 
 \multhe elector has marked the first paper in favour of J acok 
 )[iuvm for Mayor, George Robinson for Reeve, a?irf Zachakv 
 )/or deputy Reeve, and has marked the second j^aper in fai'our of 
 f Bull an(i Patrick O'Connell for Councillors : — 
 
'628 
 
 THE MUNICIPAL MANUAL. 
 
 [^CHED, B 
 
 mm 
 
 go? 
 
 e« p 
 'o " 
 
 a 
 a 
 
 oo 
 
 S 
 
 ft? 
 ft? 
 
 o d 
 
 ., 1^ 3 
 
 ■(J 
 
 o 
 o 
 
 0) 
 
 
 THOMPSON. 
 
 Jacob Thompson, of the Town 
 of Barrie, Merchant. 
 
 WALKER. 
 
 Robert Walker, of the Town 
 of Barrie, Physician. 
 
 BROWN. 
 
 John Brown, of the Town of 
 Barrie, Merchant. 
 
 ROBINSON. 
 
 Georee Robinson, of the Town 
 of Barrie, Merchant. 
 
 I 
 
 ARMOUR. 
 
 Jacob Armour, of the T ovn of 
 Barrie, Pumpmaker. 
 
 BOYD. 
 
 Zachary Boyci, of tlie Town of 
 Barrie, Tinsmith. 
 
 X 
 
 BULL. 
 
 John Bull, ^of the Town of 
 Barrie, Butcher. 
 
 JONES. 
 
 Morgan Jones, of the Town of 
 Barrie, Grocer. 
 
 McAllister. 
 
 AUister McAllister, of the Town 
 of Bariie, Tailor. 
 
 O'CONNELL 
 
 Patrick O'Connell, of the Town 
 of Barrie, Milkman. 
 
 46 V. c. IS, 
 
 
of the Town 
 
 ^CIIEP- 
 
 C] 
 
 FORM OF VOTERS LIST. 
 
 629 
 
 A 
 
 Pi 
 
 
 
 
 
 rt a- 
 - w 
 
 
 
 2 
 g 
 
 'saoiiiomioo 
 
 •0A93a l'"^' JoAjpj 
 
 
 •snoi:^oa[qo 
 
 "' ■^i3'\o\ ouiooaj 
 :.I0 'uog''s,.t3ni.n!^^ 
 
 I -9snof[ '.lapioqaaJJ 
 
 1 1 -a^oA o(} p9i(ji:jna 
 
 ijjO'403dS9.lin X!).T9d 
 
 !|-ojj joiioi;)cluos9ci 
 
 n 
 
 at 
 
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 h 
 
 
 Ed 
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 H 
 
 8 
 
 
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 E- 
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 jjjBta joj uinri|03 
 
 -% 
 
 
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 ^ 
 
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 4> 
 
 
 > 
 
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 ^ 
 
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 S^ 
 
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 w»t 
 
 ^ 
 
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 Ti 
 
 ^ 
 
 rt 
 
 4> 
 
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 > 
 
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 4) 
 
 
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 ei 
 
 
 ^*i 
 
 <u 
 
 r< 
 
 4) 
 
 
 « 
 
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 r— ' 
 
 P^ 
 
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 fj 
 
 
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 C 
 
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 b 
 
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 s 
 
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 vri 
 
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 ^.nr 
 
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 ► «i 
 
 
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 <1> 
 
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 W) 
 
 r— 
 
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 CIS 
 
 
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 Tl 
 
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 ff. 
 
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 fc^ 
 
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 ^ 
 
 
630 THE MUNICIPAL MANUAL m 
 
 INCHED. D I 
 
 SCHEDULE D. 
 
 (Section 135.) 
 • Certificate as to Assessment Roll 
 
 Election to the Municipal Council of the 
 of 18 
 
 I, A. B., Clerk of the Municipality of i ., i 
 
 of , do hereby certify that the assessmpS ! n ^"""1' 
 
 Township, {or as the case may he) of upon wh" Va "' ^H 
 
 list to be used at this election is based, was returned t *" t 
 Aase-sor for said Township (or as the case may be) on th "** ^^ ""* 
 day of . ,.18 . and that^the^same waa filjUy ,,.^j 
 
 day of , 18 ' ■ 
 
 A, B., 
 
 46 V. c. 18, <SeAerf.D. 
 
 and corrected on the 
 Dated this 
 
 SCHEDULE E. 
 
 (Section 149.) 
 Form of Declaration of Inability to Read Ac 
 I, A B., of _ , being numbered on the' votera' list] 
 
 for polling subdivision No , m the City (or m the ca^e m!k 
 
 f .V, • ,' n"? County of , being a legally qualified e ec2 
 
 for the said City (or as the caw may be) of , do hereby (Wk^ 
 
 that I am unable to read (or that I am from physical ' 
 uuable to mark a voting paper, an the cane may be), 
 
 mu 1 * A TV ,o '^- -^- (His X mark.) 
 
 The day of , A, D. 18 . ' 
 
 "icapacih 
 
 46 V. c. J8, Sched.E. 
 
 ' SCHEDULE F. 
 (Section 149.) 
 
 Form of Attestation Clause to be Written upon or Axnixi 
 TO the Declaration of Inability to R-hd, etc. 
 I, C. D., the undersigned, being the Deputy Returning Officer fj 
 
 polling subdivision No. , for the City (or as the cme way kj ( 
 
 , do hereby certify that the above (or an the cm mul 
 
 declaration, having been first read to the above-named i. 5., i 
 
 signed by him in my presence with his mark. 
 
 (Signed) C. D., 
 t- Deputy Returninj. Officer for Polliij 
 
 Sub-Divis.on No. ,int 
 City (or as the cm my I 
 of 
 Dated this day of , A. D. 18 
 
 ■ 46 V. c. \S,Sched.l 
 
TT 1 TORMS OF DECLARATION OF SECRECY. 
 
 SCHEDULE G. 
 {Section8 155, 315 and 316.) 
 
 Oiifl 
 
 OF 
 
 Deputy Returning Officer after the Closing of thk 
 
 Poll 
 
 , ^ n the undersigned Deputy Returning Officer for polling sub- 
 I . • • v > of the City (or aa the case may he) of , in 
 
 division J>0'^j ' ^ jJq golemnly swear (or ij he is a person per- 
 Ithe "^"""'J iQ affirm, do solemnly affirm) that to the best of my 
 l"'" 1 dge the annexed voters' list used in and for the said polling 
 
 of the said City (or as the case inay be), was 
 
 „l^ivi3ion ^^^ manner prescribed by law and that the entries 
 
 required by 1 
 
 lio "»"', .'" jg^^ to be made therein were correctly made. 
 
 (Signed) G. D. 
 Deputy Returning Officer, 
 
 sworn (or affirmed) before me at 
 |A.D,18 . 
 
 this 
 
 day of 
 
 (Signed) X. Y., 
 
 Justice of the Peace. 
 Or A. B., 
 Clerk of the Municipality of 
 
 KoTE —The foregoing oath is to he annexed to the voters' list used at 
 ^^'^'^'- • 46 V. c. 18, ^cAerf. G. 
 
 631 
 
 \ !.! 
 
 iN UPON OR AXXJS 
 
 Ito K"\d, etc. 
 
 ly Returniug Officer Itj 
 
 \r an the cme wny k] i 
 
 lor an the case majj i 
 love-named A. B.,\ 
 
 SCHEDULE H. 
 
 (Section 170.) 
 
 Form of Statutory Declaration of Secrecy. 
 
 I A. B. solemnly promise and declare that I will not at this elec- 
 onof mcmbera of the Municipal Council of the City (or as the case 
 ,io!/6<)o{ .disclose to any person or persons the name of 
 
 iny person who has voted, and that I will not in any way whatsoever 
 mlawfuUy attempt to ascertain the candidate or candidates for whom 
 jiy elector shall vote or has voted, and will not in any way whatso- 
 ^eraidin the unlawful discovery of the same ; and I will keep secret 
 
 Iknowlodge which may come to me of the person for whom any 
 (lector has voted. 
 
 Made aad declared before me at , this day of , 
 
 ,D.18 . 
 
 CD., 
 
 Justice of the Peace (or Clerk 
 
 of the Municipality of ). % 
 
 46 V.c. \8, Sched. K. 
 
 
 ■'liv: 
 
 
 
 -,,fl 
 
 . J*: 'Ml 
 
fi;i2 
 
 1. :■ 
 
 t 
 
 ^ 
 
 
 1 !r,'i.' 
 
 1 1 
 
 h 
 
 
 THE MUNICIPAL MANUAL. 
 
 SCHEDULE J. 
 
 {Seclio)i -295.) 
 FoKM OF Ballot Paper. 
 
 [SCHED, J 
 
 FOR 
 
 Tl»e By-law. 
 
 AUAINrtT 
 
 Tlie By-law. 
 
 4G V. c. 18, Sched. i. 
 
 SCHEDULE K. 
 
 {Sections 298 and 300.) 
 
 I, the undersigned A. Ji., solemnly declare that I am a ratepayer I 
 of the township (or ax /he ca.se inai/ he) of {fhc nitinicipnlif,/ ly ,.„„„. 
 dl of which proposed the htj-law), and that 1 am desirous of promiitim; 
 (or opposing, rt.v the case mail /^f) the passing; of the hvlaw tn(/i.,v 
 iiimrl ohjecl of the by-law), sulimitted to the council of suid towinlii&l 
 {or as the cane nui/f he). ' 
 
 (Si(iiiaiitrr) ,1. /;, 
 
 Made and declaifid before nie this 
 
 day of , A. 1). )S 
 
 C. D., 
 Head of Municipality. 
 
 46 V. c. 18, ,ScW. K. 
 
 SCHEDULE L. 
 
 ■ • " (Section 307.) 
 
 Directions for the Gitidance of Voters ix Votlno. 
 
 The voter will go into one of the compartments, and witii tliej 
 pencil provided in the compartment, place a cross (thus x j on the! 
 right hand side, in the upper space if he votes for the passing of thC 
 by-law, and in the lower space if he votes against the passing of ty 
 by-law. * 
 
 -moMm II J. 
 
[SCHED, J. 
 
 MCIIK 
 
 .:i.. M.] 
 
 KOIIMS KOK VOTIK« ON HV-LAW8. 
 
 i\U 
 
 11 
 
 ^llvw, 
 
 [NST 
 y-law. 
 
 18, Sched. .]. 
 
 Rs IS Voting. 
 
 tments, and with tb, 
 cross (thus X ) on thsj 
 [or the passing of m 
 ist the passing of thd 
 
 ■ tiir will tln'ii foM up th«! ballot paper so hh to show the name 
 I V Is of tho (it'ixity rctuiiiin^' otficor {or returning otHcer, en the 
 
 uhe]mw^ on tlio biiek, anil leaving tlio uonipartment will, 
 
 '**) t (thi'Winj? tliL' front of the pa|)er to any person, deliver such 
 
 7 '" ''f,,!,!,.,! to the <ieputy returning oHieer (oc returning offlcer, 
 
 flylis^mnn I") 'V"'l foithwith cpiit the polling plaee. 
 
 Kth'votor iniulvertently spoilH a ballot paper, he nuvy return it 
 
 1 I imty returning oHioor(o/- returning oflioor, nx f/ir rani' may 
 
 '" ' 1(. will. •«' xatistieil of mucIi iiwulvertenoo, give him another 
 
 (yintimpi'i-. 
 II the voter piaoL's on the paper more tiian one mark, or plaeos any 
 I II tilt' iiiiix^r by sviiieh he nniy be aftorwanla identiKed, hU 
 
 'Jjlot'liiipe. will Ih' v'«">i<l. mm\ will not be counted. 
 
 If the voter takes a ballot paper out of the polling place, or deposits 
 t • liilli't box any other paper than the mio given to him by the 
 
 I'l Itv iftuniins,' "Ibo''' <'"" returning otlieer, «« the ninr. inny he), he 
 
 I I li .■iiibie('t''to imprisonment for any term n()t exceotling aix 
 
 tthlwitlM.r withr.ut hanl labour. 
 
 / //„- folhmiKi form of Imllot paper, tjlrcu for ilhiHtrtition, the 
 jiWInr ha-^ marked Inn ha'Uot paper in favour of the pamitf/ of tlw 
 
 
 ^^B 
 
 > 
 
 — 
 
 
 1 J 1 
 
 n 
 
 
 FOR 
 'Y\w By-lim. 
 
 X 
 
 uit 1 am ii riitopiiytr 
 
 ^^^H(^^Q^ 
 
 ■ ' % 
 
 
 iniiicipntihj till' I'mii- 
 
 ^^^^■>^€SS^v\ 
 
 . 4j n 
 
 
 
 lesirous of prdmntiii^ 
 
 m^^^^mOfSS^^' 
 
 • it T 
 
 
 
 f the by-law tn l/i.iv 
 iic'il of said township 
 
 
 
 
 
 ^^^^^^ 
 
 :?-- 
 
 AdAlNST 
 
 • 
 
 r) .1. IL 
 
 ^^■^^ 
 
 u"^ 5 
 
 
 
 )H 
 
 ^^^ 
 
 = '^.5 
 
 The By-law. 
 
 , 
 
 
 ^V%D 
 
 
 
 
 
 ^^B 
 
 
 4G V. c. 
 
 UrSched. L. 
 
 18, Sched. K. 
 
 ^^H 
 
 
 
 
 SCHEDULE M. 
 
 (Section .•^22.) 
 
 Form okStatutoky 1)k "laration ok Skcrecy. 
 
 1 1, A. B., solemnly promise ami declare that, at the voting on the 
 lyliw submitted to the electors by the council of the township (or 
 »lk msc 7/m// he) of (and the voting on which has 
 
 len appointed for this day), I will not attempt in any way whatso- 
 ivcr unlawfully to ascertain the manner in which any elector shall 
 )ot« or has voted, and will not in any way whatsoever aid in the 
 
 SO 
 
f>:u 
 
 TIIK MUNICIPAL MANUAI,. 
 
 unlawful (iJHcovcry (if th« Hiinin ; and I will kfcpMccrct all L 
 which may come to me, of the 'iiniintir Id wliich »„« ,""*'*'! 
 
 I this 
 
 voted 
 
 Mudu und dcchired before mo at 
 , A.I). 18 . 
 r. />., 
 
 JiMiticc of the Teaeo {or ( -lerk 
 of the Munioipiility of ). 
 
 4(; V. ... lt<, Schej. M. 
 
 
 %m 
 
 
 Wi ;M 
 
 k 
 
 
 
 p'B||| 
 
 ' . - 
 
 C -Ij^f '■'I 
 
 ,r 
 
 1 Hfcii^tj 
 
 
 
 i 
 
 m 
 
 ■:'k 
 
 
 m 
 
 
 
 An Act respecting the establishment of MiiDi. 
 cipal Institutions in the Districts of AkoiDi 
 Muskoka. Parry Sound, N i pissing, Thmnjjj 
 Bay, and Rainy River. 
 
 II. 'S. O. Cai>. 185. 
 
 Organization ok townshii'h : 
 Area and population required, 
 
 8. 1. 
 Preliminary mciting, 88. 2-5. 
 Election of fir^it Oouncil, bb. 
 
 «-I6. 
 Appointment of Clerk, etc., 
 
 8. 17.* 
 
 POWKRS OF CoUNCIIi : 
 
 (Jcneral powers, 88. 18, Hi. 
 As to assessment, ss. 20, 21. 
 Assesstnent appeals, ss. 22-28. 
 AsBCSsments after the first, s. 
 
 29. 
 (/ollection of taxes, ss. 30-32. 
 Arrears of taxes, s. 33. 
 Sale of lands, s. 34. 
 liiquor licenses, s. 36. 
 Licensing auctioneers, etc., 
 
 8. 36. 
 Constables, s. 37. 
 Lock-up houses, s. 38. 
 Other powers, a. 39. 
 
 Kl.KCTlt.NS AND CoiNnu > J 
 TIIK KlIIST: 
 
 VoterH'(nialiticat;nn,8.t' 
 Couiicillorb' (jualiticatioii, 
 41. 
 
 Klcction how con(lucte(U| 
 N()niiiiationmectiiig,88.i3^ 
 Polling, 8. 4(). 
 'reuure of dftice, 8. 4', 
 ( *ontroverte(l cleetions, s, 
 Vaciuicifs ill ( '(luiidl, s, 4jJ 
 rondinitoflnisintsg, 8.50.1 
 Hecve to he a Justice oft 
 Peace, s. .Ih. 
 
 POUCK VIILA(iE.S: 
 
 Formation of, as. 52, 53, 
 Electors, s. 54. 
 'rrustees, s. 55. 
 
 PowKKs <iK LikctknantGovi 
 
 NOR AS TO ANNKXATION 
 UNION, S. 56. 
 
 SI'KCIALI'ROVISIONSASTOAli 
 
 and TiiLNDEK Bay, 8. 51. 
 
 HER MAJESTY, by and with the iidvice and cods 
 of the Legislative Assembly of the Province! 
 Ontario, enacts as follows : — 
 
MU 
 
 yiCIPAL INBTITUTIOKB, A LOOM A, KTC. 
 
 036 
 
 1 
 
 M'hiiii'l'''' 
 
 lie 
 
 hip ni 
 
 (1) The inhaMtftiits of any township in iiny of the 
 •TI of Alj,">i'>'M MuHkokii, Parry Sound, Nipissing, 
 ■"",.,, i{^y and Hiiiny River, having a po|)ulation of not 
 '"'".' ^QQ jHiiHoiis, may organize thi'niHelvoH into a town- 
 **' ' iciitalitv. lui'l the inhabitantfl of any locality in any 
 "''l""l"iil clistriftH not nxcHoding in urea 20,000 acres not 
 ■ed into 11 township or townships, and having a popnhi- 
 l*"'**'\ ijjjj iivss tiiiin 100 persons, n)ay likewise organize 
 k n«lvos int.) a towisshii. n.nniei|ality. 47 V. c. 33, s. 1 ; 
 V c 20, H, 7, I'reamble and Sciiod. 
 
 ,, proviilwl always that any number of townships in the 
 I'ictof Riiiiiy '^'^''''■' 1»'^^'"'*'' '" t''« "gg''egHt<^ Ht IcHst 100 
 Ufi bititnts, may or^'anizo tlioniselves into a union townshij) 
 •\!.,.lit'v ftltliou<'h tlie population of any one of the said 
 iships may not amount to one hundred ptsraons, and the 
 '*"ediii"s for tho purposes of such organization, and all 
 Jr purposes imMitioned in this Act, «lmll, as nearly as may 
 ,rutieable, be the same as are hei-einaftei' provided for 
 Aspect of the organization of an individual township 
 niileipiility, and all rights, privileges, and powers conferred 
 on or Sia"*^'''* to individual municipalities organized there- 
 ider slml'i extend and be applicable to such union township 
 nnkipiility, provided that any townsliip forming part of 
 ich uiiioii municipality having at any time after the forma- 
 thereof a Dopulation of not less than one hundred ))er- 
 iiiiiv withdraw from such union, and the inhabitants 
 jweof may organize themselves into an individual townshi{> 
 inicipiility in the same manner and for all purposes under 
 I Act as if such townsliij) had not formed part of a union 
 irnsliipinimicipality, and on such withdrawal the assets and 
 fcilitie'i of such township shall be determined, borne and 
 in like manner as is directed by the provisions of The 
 nkipal Ad in regard to the withdrawal or separation of 
 nicipalities. 50 V. c. 30, s. 1. 
 
 In order to constitute and establish a municipality as 
 
 bve provided, it shall be lawful for the District Judge in 
 
 pma and in that {)art of Thunder Bay not included 
 
 bin Rainy River, and iu Rainy River or any other of 
 
 id districts, for the Stipendiary Magistrate of the 
 
 net in which such locality is situate, upon the receipt of 
 
 btition in which the limits of the proposed municipality 
 
 [defined, and signed by not less than thirty inhabitants 
 
 nch locality, to call a meeting by public notice of said 
 
 Munli:l| -u- 
 tlai miiy b« 
 orKtnlud. 
 
 Uninn town- 
 Nhip muni. 
 nIpalltloH 
 may b« 
 orgtnised. 
 
 iiev. Stat c. 
 184. 
 
 .ludge or 
 Sti))eiidiar7 
 MaxiHtrato, 
 npon peti- 
 t.on, to caU 
 a public 
 meeting to 
 form Muni- 
 cipality, 
 
1 
 
 iJjMl^ffH! 
 
 ■^! 
 
 ^^ 
 
 i- 
 
 ( "FV^tfiJa 
 
 i 
 
 
 1 
 
 H 
 
 ml? 
 
 636 
 
 THE MUNICIPAL MANUAL. 
 
 Pftitioiiers 
 to make a 
 deposit to 
 meet 
 
 expenses of 
 the meeting 
 and election, 
 
 Judge or 
 
 Ma^i'^trate 
 to appoint 
 uhainnan 
 
 [s. 2 . 
 inhabitants, to consider the expediency of erecting 
 pality. R. S. O. 1877, c. 175, s. 2 ; 50 V. c. 8, 8^7'"' 
 
 3. Before the Judge or Stipendiary Magistrate calls <■• ' 
 meeting, it shall be the dut^^of those petitioning 'for?)! ; 
 municipality, to deposit with him a sum suflicient^ to ' 
 the expense of tlie meeting, as also of the election trTI 
 held, as hereinafter provided. 11. S. 0. 1877 c IT'S 
 
 4. Tlie Judge or Stipendiary Magistrate shall nainesonift 
 tit and competent person to preside at the nieetinfr hi 
 shall forthwith report the result of the same, with the'vV 
 given thereat, to the Judge or Stipendiary Al'agistrate, undL 
 oath, which may be administered l>y any Justice nf fU 
 Peace. R. S. O. 1877, c. 175, s. 4. " ' ^"^ 
 
 5. Upon receiving the report of the meeting for M 
 establishment of a municipality, the Judge or StipendiaiJ 
 Magistrate shall fix a time and place for holding the fir 
 election in the proposed municipality, and shall, itUlip,ioti„ 
 providing for the election, name the returning officer who 
 shall preside thereat ; but no such numicipalitv sliull bi 
 established unless at such meeting at least thirty iVceliokle] 
 or householdeis have voted in favour theioot', I! S 
 1877, c. 17"), s. a. 
 
 wh""'offl°ers ^' '^'^'*^ officers to i)e elected at the said election shall 
 composed, one reeve and four councillors, who shall have the saij 
 ((ualification s«s voters, and shall constitute the council 
 the townsliij), the reeve being the head thereof 1{ S I 
 .- 1877, c. 175. s. 6. 
 
 Judireor 
 MagistratL' 
 to provide 
 for first 
 election. 
 
 QuHliflcatioii 
 of voters. 
 
 Nooaiuatiiin 
 
 7. The persons (jualified to vote at the election shall 
 male British .subjects of the full age of twenty-one yn 
 being householdeis resident in the locality proposed toj 
 organized into a municipality. R. S. 0. 1877, c. 175, s, 7. 
 
 8. At the time and place ajjpointed by the Judge 
 Stipendary Magistrate under section 5 of this Act, 
 nomination of candidates shall be made in tlie manner 
 vided in respect to the nomination of candidates at mi 
 cipal elections. R. S. O. 1877, c. 175, s. 8. 
 
 Kiection by 9- In case no more persons ai-e nominated tliau ■ 
 "'"""*™" '"" required to be elected, the returning officer shall de 
 such persons to be elected. R. S. 0. 1877, c. 175, s. 0. 
 
 m 
 
 ^mmy,^-^^^ 
 
.U-] 
 
 MUNICIPAL INSTITUTIONS, ALGOMA, ETC. 
 
 (337 
 
 10 In case a poll is required the returniijg officer shall f^^^^^r 
 }■ the proceedings xintil the same day oi the loUowmg place of 
 Tind shall declare the place at which a poll will be •"'"''*»« p°"- 
 
 d in the locality, and shall forthwith post up in at 
 ''^r ix of the most public and conspicuous places in the 
 ' i+!r a notice declaring that a poll will be held at such 
 Sfi'place. R. S. 0. 1877, c. 176, .. 10. 
 
 11 The returning officer shall, previous to the opening of PoHJj^I' 
 1, oil procure a poll book, and he shall enter in such aued u^ 
 
 1 /in separate columns, the names of the candidates pro- 
 '"'' i and seconded at the nomination, and shall, opposite to 
 ^^ >h columns, write the names of the electors offering to 
 !* it the election and shall, in each column in which is 
 ."tered the name of a candidate voted for by a voter, set 
 t fit'ure "1" opposite the voter's name. E, S. O. 1877, 
 c.l75,s. 11- 
 
 10 In case a casting vote is required to determine an°"*'°K*ot« 
 election, the returning officer, whether otherwise qualified 
 
 not shall give a casting vote for one or more of the 
 Mdidates, so as to decide *he election, and except in such 
 the retuvuing officer shall not vote at any such election. 
 R,S,0.1877,c. 175, s. 12. 
 
 13, The persons elected shall hold office until their sue- '^'^^ «J ^ 
 l^ni? are elected, or appointed and sworn into office, and members <if 
 bid then- first meethig. R. S. O. 1877, c. 175, s. 13. '-•'>""«'• 
 
 \i The following shall be the oath to be administered to ^^l^^^^ 
 Ifotcre at such election : 
 
 j You swear (o»' solemnly affirm) that you are yl. //. ; 
 j Ttat you are a subject of Her Majesty by birth {or naturalization) ; 
 I Bat you are of the full age of twenty-one years ; 
 
 llliatvouare a householder in the locality now proposed to be 
 
 laized into a municipality ; 
 
 I That you hwe not received anything nor has anything been pro- 
 1 you, directly or indirectly, either to induce you to vote at this 
 tionorfor loss of time, travelling expenses, hire of team, or any 
 dei service connected with this election ; 
 
 [That you have not, directly or indirectly, paid or promised ai.y- 
 mgtoany person either to induce him to vote or refrain from 
 
 ItiDg at thia election ; 
 
 ISolielpyouGod. 
 
 R. S. O. 1877, c. 175, s. 14. 
 
638 
 
 THE MUNICIPAL MANUAL. 
 
 DtfOlaratioii 
 of election. 
 
 15. After the election, the returning officer sh 11 
 the Judge or Sti))endiary Magistrate the res 
 and the Judge or Stipendiary Magistrate shall 
 
 [8.16] 
 
 sanift 
 
 to the Judge or Sti))endiary Magistrate the result of tli '^^*'" 
 and the Judge or Stipendiary Magistrate shall as s "" 
 be convenient thereafter, by public notice, declare th 
 of the persons so elected, who shall forthwith enter ^'^^'''j 
 duties of their office ; and the municipality shall fro ^\]^^^^ 
 forth be known as "The Corporation of the Munir' i'^^*^^* 
 , in the District of ; " and the saidTeev/ ' 
 
 councillors shall hold and continue in office unfl rJ 
 
 .successors are elected, as hereinafter ))rovided 
 1877, c. 175, s. 15. 
 
 tion of u'erk 
 treasurer, 
 and 
 collector. 
 
 Name of 
 municipa- 
 lity. 
 
 Tenure of 
 office of 
 couDcillorii. 
 
 mlltin of ^®" "^''^ ^^^^ meeting of the council shall be held 1 
 TOunci'h ° time and place to be fixed by the Judge or Rt\n^J 
 Magistrate. R. S. O. 1877, c. 175, s. 16 P'"*^'^^ 
 
 mTt*and ^1 ^''' ^^"""^ '^''"' .'^ ^''^"' ^''^^ "^^^tirig or a.s eai 1 
 
 rcmunera- possible thereafter, apjwint a clerk; treasurer and coll V 
 » »..„>!, ^^^ s,hi\]\ hold office until removed or dismissed bv f2 
 council ; and the council shall also fix the lennineratio 
 bo paid said officers, by by-law to be passed for that purp 
 The clerk shall, within six days after his appoiutmeij 
 transmit to the Provincial Trea.surer notice of the formaJ 
 of the municipality with a description of its boundaries] 
 limits. R. S. O. 1877, c. 175, s. 17 ; 50 V. c. 29 s, 55 
 
 POWERS OF COUNCILS. 
 
 E^mfcns'fo 18. The council of every municipality in any of tlie J 
 pass by-iawB. districts, whether incorporated under this Act or otherwi 
 shall have power to pass by-laws for sucli purposes as i 
 from time to time authorized to be passed by the cuuncil 
 townships ; and the provisions relating to townships and td 
 officers of any Municii)al Act from time to time in force s 
 apply to such municipalities, except where inconsistent 
 the special provisions of the Act under which the ml 
 cipality was incorporated or this Act. 48 V. c. 41 s. I.[ 
 
 pasTby^iaws 19- The council of every such municipality shall 
 "to matters have power to pass by-laws in respect of the several mail 
 Rev. Stat. c. uamcd in sub-sections 47 to 49 of section 489, and in i 
 (iHouL s-ctions 5, 1 1 to 25, 27, 28, and 34 of section 496 ofj 
 8. 496 (6, Municipal Act. Any such by-law may, at the option ol 
 •nd^aiV council, be operative throughout the municipality or j 
 within certain defined parts thereof 48 V. c. 41. s. 2.1 
 
639 
 
 Assessors to 
 be appointed 
 to enter in 
 asseRsment 
 rolls. 
 
 Freeholders, 
 and house- 
 holders, 
 
 Persons 
 taxable for 
 income, . 
 
 Farmo. "' 
 
 liOIlS, 
 
 Rev. -'tat. c. 
 193. 
 
 Notice of 
 assessment. 
 
 i)i /!).] MUNICIPAL INSTITJlJ^NS, ALGOMA, ETC. 
 
 on The council shall, as early as convenient after their 
 I f etin" appoint one or more assessors, who shall enter 
 
 TvaII to be provided for that purpose : 
 
 I apou ^ '"" ' 
 
 The names of all the freeholders and householders in the 
 I '. i,,jj]ity stilting at the same time on the roll the amount 
 ITI! tlie real and per::oT»?.l property owned by such persons 
 I Actively, and the actual value thereof, and whether ihe 
 
 fc£ are resident or not; 
 
 •7 The names of all persons liable to taxation for income, 
 
 who though exempt from taxation, have required their 
 ! es to be entered on the said roll in respect of such income, 
 £tinf at the same tinoe the amount of such income ; 
 
 "5 The names of alt farmers' sons e- 'itled to be assessed 
 Uer t'»e provisions of' The Assessment Act ; 
 1,1(1 the said assessor or assessors shall duly notify the per- 
 or porsons so assessed by leaving a notice at his or her 
 klace of abode, or if a non-resident, by leaving the same at 
 
 le nearest post-office, stating in such notice the particulars 
 
 said assessment. R. S. O. 1877, 0.175, s. 19. 
 
 21. The said roll shall be returned to the clerk of the 
 liunicipality within such time as may be provided for by 
 IV bv-law passed by the council. R. S. 0. 1877, c. 175, s. 20. 
 
 22. The person or persons so assessed, if he complains of Appeal 
 5 assessment, shall, within one month after the time fixed |^g"^ent. 
 ■ returnin<^ the roll, give to the clerk written notice of his 
 flunck of complaint. R. S. O. 1877, c. 175, s. 21. 
 
 23. The council shall, with'u two months after the time council to 
 ^ed for returning the roll, appoint a time and place forJ^^J^*^*^ 
 arm" said complaints, as a Court of Revision, and shall, appeals. 
 ler heaving the parties complaining, as well as the assessoi* 
 [assessors, and such evidence as may be adduced, alter or 
 Lvi the roll accordingly. R. S. O. 1877, c. 175, s. 22. 
 
 [2i-(l) ^'^ appeal may be had from the decision of the Appeal 
 1 ii^ that behalf upon any complaint in respect of the coancii\o 
 [assessment or any subsequent assessment in the same ^'^P«»*J'^"^y 
 
 Lnner as to the County Judge in other municipalities, 
 
 1 the decision of the Stipendiary Magistrate shall be final, 
 
 1 this appeal shall extend to any assessment for themuni- 
 
 ulity as well as to the first assessment. R. S. O. 1877, c. 
 
 ,&23;46 V. c. 23, 8. 1. 
 
 Rolls to be 
 returned to 
 clerk. 
 
 Magistrates. 
 
 ■:-i'C 
 
5 ;,A.» >' ,.-i'.- 
 nf^V'-iHiw WSJ -1 
 
 
 1)40 
 
 AppvalB 
 UDder 
 
 THE MUJu^^PAL MANUAL. 
 
 b-'U(2), 
 
 »se«s. 
 
 (2) Subject to the provisions of section 7 G of 77 
 Aw^ment ment Act, such appeals in respect of an assessment 
 H«v. Stat. c. municipality in the district of Algoina, or in that i)artl!7 
 103 district of Thunder Bay, not included in the Rai„ p- 
 
 district, shall be to the District Judge, and in imv ^ •' 
 pality in any of the districts of Muskoka, Pairy "2""'^ 
 ■ Nipissing and Rainy River, shall be to the Stipend" 
 Magistrate of the district, and such appeal sliall lie wfi '^ 
 the municipality was organized under any "eneral A t^. i 
 ting to municipal institutions in the said districts •' 
 incorporated otherwise. 49 V. c. 19, s. .'). ' ^^'^'^ 
 
 Time for 
 
 appealint; 
 
 where 
 
 decision of 
 
 Court of 
 
 Kevisioii 
 
 delayed. 
 
 Notice ot 
 appeal. 
 
 25— (1) If for any reason the decision of the Court f 
 Revision is not given six weeks before the time limited fi 
 the return of the roll by the Judge or Stijiencliary Ma"istr,t' j 
 in case of an appeal to him, then the time for the letiii' M 
 such roll by the Judge or Stipendinry Magistrate sliallCsi! 
 weeks from the day when the decision of the Court of P-' 
 ion is given. 
 
 (2) The Judge or Stipendiary Magistj-ate may, note iiix)!,! 
 the roll that any assessment in respect of which an inmeali 1 
 pending before him is undecided, and may return sucJi roll to 
 be acted ui)on in respect of the assessments whicli are coiii 
 eluded ; and the said Judge or Magistrate shall tlipreafterl 
 certify to the clerk of the municipality his decision as to such 
 appeal ; and such certificate, whether given hefore or aty 
 the ex[»iration of the said six weeks, shall have the likeeffe] 
 as if his decisions were entered u})on the roll by the said 
 Judge or Magistrate, 46 V. c. 23, s. 2. 
 
 26. Notice of appeal shall, in all cases of appeal, be lefj 
 with the clerk of the Division Court of the division inwhicB 
 such municipality is situated, and copies thereof shall also i 
 left with the clerk of the munio-ipality ; and such notice sliaij 
 be so given and left within the time, and the said olerli 
 respectively shall, with regard to such appeal, })erforiii all till 
 duties and matters in the manner in that behalf required bl 
 law in the case of a lik appeal to the County Judge as aforf 
 said. R. S. O. 1877, c. 175, s. 24. 
 
 Powers of 27- The Judge or Stipendiary ^lagistrate sliall have H 
 Ma^iBtrate^ like powers and shall perforn) the like duties in respect 
 such appeals as are performed by the County Judge in 
 
 case in other municipalities. R. S. 0. 1877, c. 
 
 175, s, 
 
 'I'^Amt 
 
MUNICIPAL INSTITUTIONS, ALGOMA, ETC. 
 
 641 
 
 rpjje said roll when finally revised by the council, or by Jf^^'J^'^Jj"" 
 T A(tp or Stipendiary Magistrate in case of appeal, shall rou of ti'.e 
 ien and held as the roll of the municipality for all«- 
 \l.a until a new roll has been made as hereinafter pro- 
 
 28. 
 the Judge or 
 
 00 The council shall, by by-law, iix the time for making Council lo 
 1 1 subsequent assessments in the municipality at periods of„,\u""" ^^ 
 » 1 than one nor more than three years : and the year ""««'' 
 '"\i nin-DOses of this Act shall be considered as conunenc- 
 thelstdayof January thereof. R. S. O. 1876, c. 
 
 for 
 
 inc 
 
 SSDIPDt. 
 
 Ksv OU 
 
 27. 
 
 i(\ The council may, in each year after the final revision Council to 
 
 f th roll pass a by-law for levying a rate on all the real and '"'^ '"**'' 
 
 uil property on said roll, of not more than two cents on 
 
 dollar to provide for all the necessary expenses of the 
 
 , ijjpjiii'ty, and also such sum or sums as may l)e found 
 
 t^' . ,1 -"""mentioned in section 19 of this 
 
 Lnedient for the purposes mention^ 
 rR.S.0-18n,c. 17.^,s. 28. 
 
 ]oi_(l) All municipal taxes except for debenture debt J"^?f'''«"i'f.'""o 
 iviediuanv township in a union formed in the District of towDsi^i]/" 
 ^iny River shall, except ten per centum thereof, and the ^'^j^^^' '" 
 ists of collection, be expended within the townshi|) in which River. 
 esame are levied, on roads, bridges, and other works of the 
 nekind, necessary for opening up and settling the said 
 
 ifihip. 
 1(21 The council of the said union shall be at liberty to Ten jxr 
 iuttand appropriate for the general and other expenses of fo" genera* 
 e municipality the reservation of ten per centum and the P^po"*"- 
 lense of collection. 
 
 50 V. c. ;iO, s. 2. 
 
 jj, The council, shall, by by-law, fix the time for the col- ^h^- CoUec- 
 Jor making liis return, and the collector shall have the returns and 
 e powers as are conferred on collectors by J'he Assessinent^^''^,^^^^ ^, 
 , R. S. 0. 1877, c. 175, s. 39. m" ^ 
 
 3. Arrears of taxes due to any municipality in any of Ofi'ection of 
 [said districts, shall be collected and managed in the same taxes'and 
 I as like arrears due to municipalities in counties; and the!!*''^'^ "' ''^"'* 
 
 , ,.1 . . 1-. 1 II p , foriKxea in 
 
 tourer and reeve or such municipality sliali pertoi-m the certain dis 
 [duties in the collection and management of arreas of p'^ojj^ie^'^f;^. 
 Basin counties are performed by the treasurers and" 
 |dens thereof ; and the various provisions of law relating • 
 
 81 
 
tS^5F'^ 
 
 04: 
 
 THE MUNICIPAL MANUAL. 
 
 [h. 33. 
 
 to sales of land for arreas of taxes or to d('(>ds jjiven tl, 
 for, shall, ualess otherwise provided by this Act i i "^^ 
 the said niuiiioipalities and to sales of land therein fn,. '" 
 of taxes due thereon and to deeds given therefor "" 
 
 28, s. 1. 
 
 43 V, e 
 
 Modn and 
 timo of salo 
 for iirreara 
 of taxes. 
 
 such municipality formed as aforesaid, except dwks th 
 months of July, August, September or Octoljer; and tiie. i 
 
 Notices, time 
 for. 
 
 Rev. Stat c. 
 193,88. 184, 
 106. 
 
 Cotincil to 
 r«i;ulate 
 tavurn 
 liccDiieg. 
 
 Rcr. Stat. c. 
 li>4. 
 
 34. No sale of any lands for taxes sh.ill take nl'ipp ;.« 
 , . •__ i'i__ !• 1 __ _j! • 1 I'xn-c la jiuy 
 
 •i 
 
 tiseinent of the proposed sale, which under Hections'iri 
 1()5 of The Assessment Act is required to be imblished ' l 
 Ontario Gazette and in a local newspaper, shall, when I T 
 are to be sold in any such municipality for arrears of t 
 l)e published also once a week, for ;it least four week^' 
 such newspaper published in the city of Toiouto a.s tl 
 Lieutenant-Governor in council mav desiiniatc P u rf 
 1877, c. 170, s. 31. ' ^ • ^^•'^•^'' 
 
 35. The council of any municipality formed under this 
 Act shall have the like authority in respect to tavenisniJ 
 shops within the municipality and the licenses tlieiefoi ., 
 the councils of townships possess inider The Liquor Lif 
 Act. R. S. O. 1877, c. 175, s. 32. * 
 
 Inrvfit 36. Except in the cases of townships and villages attadi,,! 
 in districts or belonging to a county for municipal purposes, the cnun- 
 SweV^to c^'s^ of t jwnships and incorporates! villages in piovisional 
 license auc- judicial, tem[)orary Judicial, and territorial distncts %U\ 
 
 tioncers, etc. t «. i i i> ^i 
 
 have power to pass by-laws tor the purpo,ses meiitioid in 
 ReT. Stat. c. sub-sections 2 and 3 of section 495 of The }funic'mUf! 
 (^3.)"'''*' ^- S- O. 1877, c. 175, s. 33. 
 
 mout'and ^7. The coimcil shall have the power to appoint one or I 
 removal of more coMstables within the municipality, whose diitv it 4iii 
 coi. stables. ^^ ^^^ enforce and maintain law and order, and who shall 
 perform all duties appertaining to constables; and the said I 
 council shall have powei", from time to time, to remove tlie j 
 same, for any misconduct in their office, and shall also iw- 
 late the fees to be paid said constables: but such a,\)\m\r\ 
 ment and tariff of fees shall be subject to the approvals 
 ratiHeation of the Stii)endiary Magistrate of the said ( 
 trict. R. S. O. 1877, c. 175, s. 34. 
 
 Counoii may 38- The Said council may establish and maintain a lock up j 
 ioi;k-up * h'ouse within the municipality, and may establish and pn> 
 h«u8e. y^g Jqj. ^},g salary or fees to V)e paid the constable to Ik 
 
 Feps to 
 constables. 
 
41 (1)1 MUNICIPAL INSTITUTIONS, ALGOMA, ETC. 643 
 
 laced in cliaige of such lock-up house : but the appointment -ppo'n^^ 
 7 said oo'istable shall be ratified by the Stipendiary Magis- constable 
 
 of tilt' district ; and the said council shall have power *''*''®'"- 
 t'M.nve or suspend such constable for neglect of duty or 
 XTmisconduot. R. S. 0. 1877. c. 175, s. 35. 
 
 . 39 In addition to the powers conferred upon said town- riertain 
 hip or village municipalities by this Act, the following sec- Kevl°stat!' c. 
 tionsof The M^micipal Act, shall be applicable to the said ^84, to apply. 
 n'IniciDalities, so far as they can be adapted to the same, 
 vt sections 245, 247, 248, 249, 250, 258, 263, 265, 266. 
 m 271 272, 273, 274, 275, 277. 289, 291, 329, 330, 331, 
 ■ni 333! 334, 338, 339, 348, 414, 419, 421, 422, 423, 479, . 
 527' and 531. R. S. O. 1877, c 175, s. 36. 
 
 f:lections after the first. 
 
 L(\ The nersons qualified to vote at every election after who qiuiu- 
 
 1 n i_ *''" to vote. 
 
 the tirst shall be : 
 
 1. Every male freeholder and resident householder whose Real 
 name appears in the revised assessment roll upon which the P'"°P®'^'y- 
 voters' list used at the election is based, for said municipa- 
 lity and who is of the full age of 21 years, and a naturalized 
 
 or natural-boru subject of Her Majesty ; 
 
 2. Every male person who re.sides at the time of the elec- incomo. 
 tion in the municipality in which he tenders his vote, and 
 
 has resided therein continuou.sly since the completion of the 
 last revised assessment roll of the municipality, and derives 
 an income from some trade, calling, office or i)rofession of . 
 not less than $400 annually, and is assessed for such 
 income in and by the revised assessment roll of the munici- 
 pality, upon which the voters' list used at the election is 
 based, and possesses the qualifications required by law other 
 (than in respect of property ; 
 
 3. Every person who is a farmer's son within the meaning Farmers' 
 of The Municipal Act, and entitled as such to vote at muni- ?!'°'''a» . 
 
 ( 1 1 • 1 ■! • • /> • 1 A T^ c-t r^ Key. Stat. c. 
 
 [cipal elections, under the provisions 01 said Act. K. S. 0. 184, s. 79. 
 •1877, c. 175, s. 37. 
 
 41.— (I) The persons qualified to be elected as members of Q"*'''''5a- 
 the council in any municipality after said first election, shall, councUior. 
 ; in addition to the qualification required for voters, be assessed 
 in the said assessment roll for at least $200 freehold or $400 
 ^leasehold. R. S. 0. 1877, c. 175, s. 38. 
 
 ! ■ , I 
 
 r 'i^'i 
 
 m. % 
 
 %m 
 
i 
 
 r 
 
 Id;? 
 
 644 
 
 l)U(|U«lifl- 
 Mtion. 
 
 THK MUNICIPAL MANUAL. 
 
 K 41 (2) 
 
 (2) Section 77 of The Municipal Act shall lunjly 
 bers of a municipal council to be electedunder \h\ s.^ ^^^ 
 42 V. c. 31, s. .}. ' '^'^'=' (") 
 
 rSuSt" ot 42. All elections after the first shall b. co.ulucted i„ tK 
 «k'oti.ji). same manner as is provided for municipal electior 
 
 ships in Ontario, except so far only as" otherwise onlof^^^"" 
 this Act. R. S. O. 1877, c. 175, s. 39. '^'^ % ' 
 
 ofZl7e*'rnd 43. A meeting of the electors shall take pkce fo,. tu 
 Councillors, nomination of candidates lor the offices of reeve i 1 
 
 cillors of the municipalities formed in accordance witWl! 
 provisions of this Act, on the last Monday in Dec ll 
 annually, at such place therein as may from time to r u 
 fixed by by-law of the council. R. S. O. 1877 c 17^ ^n 
 
 44. When the last Monday in December happens to bo 
 Christmas Day, the nomination of candidates for the offi f 
 reeve and councillors in each of the said municipalities "'h 1 
 tnke i)lace on the preceding Friday, at the times and places Md 
 in the manner j)rescribed by law. R. S. O. 1877 c.l7a ' ii 
 
 45. The clerk of the municipality shall preside at th 
 meeting for the nomination of candidates for the offices f 
 reeve and councillors for such municipality, and shall ' 
 the returning officer at all elections after the first pIppH 
 R. S. O. 1877, c. 17.9, s. 42. ' "°°' 
 
 46. The electors of every such municipality shall elect 
 lually, on the first Monday in January, the members of 
 
 council of the municipality, except such members as mar 
 e been elected by acclamation on the nomination Hoi 
 
 Nomination 
 i)ay fuliiiiK 
 <)nChri;!tnia«< 
 Day. 
 
 Ol.-rk to 
 pr«8i(Je at 
 nomiuiition. 
 
 Kc turning 
 officer. 
 
 PoiliiiKday. 
 
 Term of 
 office. 
 
 annually, uu tiic mot i«.uii«aj iii January, me members of 
 the council of the municipality, except such members as mar 
 have been elected by acclamation on the nomination dav 
 R. S. O. 1887, c. 175, s. 43. '' 
 
 47- The persons so elected shall hold office until their 
 successors are elected and sworn into office. R 8 187? 
 c. 175, s. 44. ■ ' ' 
 
 Ifntrfrierte,! 48; The provisious of law for the trial of controverted 
 
 eieittioiio. elections, applicable to councillors of townships in counties 
 
 shall apply to the members of the council of any muiiicitiality 
 
 formed under this Act. (b) R. S. 0. 18'., c. 175, s. 45. 
 
 (a) See Jieff. ex rtl. Londry v. Plummer, 15 C. L. .J. N. S. 138. 
 
 (b) The Coxmty Judges of Algoma have jurisdiction to try Muni- j 
 uipal Controverted Election Cases. See Beg. ex rel, Lmdry v. 
 Plummer, 15 C. L. J. N. S. 138. 
 
MUNICIPAL INSTITUTIONS, ALGOMA, ETC. 
 
 645 
 
 tn 
 
 8.56{lM 
 
 ,n III pa«ift the seat of any member of the council becomes v«ii»ooy 
 , \^ bv deatli, resignation, ov a continued absence from how flu» 
 
 * tin<^s of tlie council for a period of six montlij., it .shall be 
 T rlutv of the council to direct a new election to l)e held for 
 [he puri)OS(> of supplying such vacancy. R. H. (). 1877, c. 
 115, s. 46. 
 
 Rrt The reeve shall preside at all meetings of the council vvho to 
 
 J in the event of his absence, the council shall choose l^'oeun'gj^f 
 f ra among their number a person to ])reside, and, in auch *'"• """""i 
 Le tlic said person so presiding shall iidve all the powers 
 
 1 exercise all the functions apertaining to the reeve. R. 
 to. 1877, c. 175, s. 47. ^ 
 
 Rl The reeves of the various municipalities siiall be, ex Keeves tf. be 
 oficio, Justices of the Peace, and shall have the like powers 'the'ro^^' 
 
 are exerci-^ed by other Justices of the Peace in this Pro- 
 Le. R. S. 0. 1877, c. 175, s. 48. . . 
 
 POLICE VILLAOES. 
 
 52. On the petition of thirty of the inhabitants of a village Krention ot 
 ill any of the said territorial districts containing one hundred vniaKos. 
 iiihabitaiits at least, the Lieutenant-Governor in Council 
 
 may. I'V jjiociaination, erect the same into a ]»olice village, 
 and as.sii,'n thereto such limits as seem expedient. R. S. O. 
 1817, 0.^75, s. 49. 
 
 53. Tin' provisions of 77te Municipal Act relating to police Uev. stat. c. 
 villages or their officers shall apply to the i)olice villages ,^7 J; J^"appTy 
 erected under the ])receding section, except where inconsistent to police 
 with this Act. H. S. O. 1877, c. 175, s .'50. 
 
 villagfeH. 
 
 54. The electors of any such police village shall be required (^uai'flcatioa 
 to have the same qualification in respect to such village as ^|,jeiectton» 
 I the electors of the said township municipalities ; and the i" po'iw 
 I elections for po^ce trustees shall be held on the same days 
 I and in the same manner as elections for coancillor.s. R. S. 
 10.1877,0. 175, s. 51. . 
 
 55 Any elector of such police village resident therein Qualification 
 may be elected as a police trustee, unless disqualified on t'Z^J^. 
 \ account of holding an office inconsistent with the position of 
 i police trustee. R. S. 0. 1877, c. 175, s. 52. 
 
 56.— (1) The Lieutenant-Governor in Council may, by Lieuten»nt- 
 i proclamation, annex to any municipality formed as aforesaid ^^*^'J,y'*^^" 
 
I 
 
 
 <i-ltl 
 
 THE MUNICIPAL MANUAL. 
 
 »nnex to 
 
 certain 
 
 iniinik'i- 
 
 |)Hlitil'H 
 
 t.i!rrlt(iry 
 juljurunt 
 t' 
 
 (' 
 
 illtu 0119. 
 
 [8.56(1^. 
 
 nny tonitory lying adjacent thrreto, aritl may, upon the ui) I 
 cation of two or more adjacent n»unicipalitieH, form tl ■ 
 either with or witliout additional area, into one inuiii • '^'i""^ 
 
 iiijnruub ' » ' 
 
 •ori'rtwo"'' . ^^) Inany 8Uchca8etheLieutenant-aov,.rnor,.,av(ixth, 
 timo at which the annexation or union hhall take ctif.i i 
 
 alHO the time when the first election shall take place i iT 
 
 name by which the mnnicipality shall be called P '« a*^ 
 
 1877, c. 175, s. 53. " '•^■^' 
 
 (3) The provisions of thi.s section shall apply to any nnmi 
 cipality or municipalities created by Act of the Legislature 
 in any provisional judicial, temporary judicial, or territcrial 
 district, and to any territory l^ng adjaceiit thereto, 47 y 
 c. 33, 8. 2. 
 
 ALGOMA AND THUNDKU HAY. ' 
 
 ^ecl5e 1. 57. If any dispute at any time arises as to the validity of 
 putes M to any by-law, or resolution, or order of any niunicipulity in tin. 
 bSS e'tc.I'^*'^^^^^"^'.i"<^^*^'*^' ^^**"*^*» of Algoma and Thunder Bav 
 the same shall be referred to the judge of the district whose 
 decision thereon shall be final, and the said judge slmll Imve 
 the |»ower of enforcing his decision, if necessary, by a writ 
 or writs under his hand and seal, to be directed to the pro- 
 per sheriff adaj»ted to the i)urposes intended. R. S. 0. IMi 
 c. 175, 8. 55. 
 
 IP 
 
 
 m 
 I 
 
 An Act respecting the Registration of Munici 
 and certain other Debentures 
 
 K. S. 0. Cap. ]8«. 
 
 !^hort title, 8. 1. 
 Keoistration, s8. 2-4. 
 Kkturns to Provincial Secre- 
 tary, ss. 5, 6. 
 By-laws, now verified, s. 7. 
 Inspbction of books and re- 
 
 TURN.*-, 8. 8. 
 
 Fees of Rkoistiurs, s. 9. 
 SANcmo''T OF Lieutenant GoviB- 1 
 
 nor to by-laws, s. 10. 
 Application of Act, s. U. 
 Penalties, s. 12. 
 Debentdres not IMPEACIUBL!! 
 
 AGAINST hotinjiih holder, s. 13, j 
 
 HER MAJESTY, by and with the advice and consent o^ 
 the Legislative Assembly of the Province of Ontarioj 
 «nacts as follows : — 
 
 '^Mmi^.^ 
 
 Miij^^ 
 
.1.] 
 
 DKBENTUIIE8 KEGISTRATION ACT. 
 
 Id 
 
 1 This Act may be cited as " The Debentures lieyistrafiov 
 U. y. 0. 1H77, c. 176,8. 1. 
 
 647 
 
 Short titlo. 
 
 2 It 8hain>e tlio duty of the clerk or person acting as 
 1 of every municipal or proviHiouiil municipal corpora- 
 ^'mi' and oiiiin clerk or Bccretary, or person acting aw such, 
 Tiinv otiier corporat** body, within two weeks after the final 
 ^ ' W of any by-law made and j)as8ed by such corporation, 
 l"^*'Jl',^ purpose of raising money by the issue of debentures. 
 ul l)pfoiP the sale or contract for sale of any such deben- 
 tures issued or intended to be issued thereunder, to transmit 
 to the registrar of the registry division in which such nuini- 
 ial corporation or other corporate body, or its piincipal 
 otlice, is situated, a copy duly certified, as heieinafter pro 
 vided, of each and every by-law made and passed as afore- 
 said by such nninicipal or provisional municipal corporation, 
 or other corporate body, together with a return in the form 
 specitied in the Schedide A, hereunto annexed, shewing the 
 tide or objects of each rsuch by-law, the amounts to be raised 
 thereunder, the nund)er of debentures to be issued there- 
 under the amounts thereof respectively, the dates at which 
 the same respectively fall due, the assessed value of the real 
 and personal estate belonging to such corporation or com- 
 riiiny, the assessed value of the real and jjersonal estate of 
 the nuinicipality, and the amount of tlie yearly rate in the 
 dollar to liquidate the same. R. S. O. 1877, c. 176, s. 2. 
 
 3. The registrar of tiie registry division in which such 
 inuiiicipal corporation or other coiporate body or its prinsipal 
 office is siturtted, shall receive and file in his oifice the several 
 
 1 Ivla VPS required to be transmitted to him as hereinbefore 
 j [irovided, and shall cause to be entered in a book provided 
 I for that purpose, trueand correct copies of the returns required 
 {hv the preceding section, R. S. O. 1877. c. 176, s. 5. 
 
 4. The registrar of each registry division, as aforesaid, 
 hall provide a book of registration, wherein he shall, at the 
 eqiiest of the orginal holder or holders, or any subsequent 
 
 [transferee or transferees thereof respectively, from time to 
 {time, cause to be entei-ed and registered the name of such 
 loi'iginal holder or holders, or of such subsequent transferee 
 lor transferees, and such holder or last registered transferee 
 linwich book of registration shall be deemed prima facie the 
 llfgal owner and possessor thereof. R. S. O. 1877, 
 
 |m,8.6. 
 
 ('•trtlfli-'l 
 i'()|il)tH iif all 
 
 u'litlcr which 
 ilHlH'ntiirpii 
 ail' liiti'nded 
 III bn iHNiind, 
 
 to tH3 tl'HDII- 
 
 initt<'<l to 
 the jiioper 
 
 rrjfUriHr.ete. 
 
 liKgifitrHr to 
 fliu fiiirh by- 
 lawn, and to 
 k«Kp books 
 with copiex 
 • f the 
 rcturnR 
 iHiiiiired by 
 .«uctioD 2. ' 
 
 If requssted, 
 the r**gi8trar 
 may register 
 the DHine of 
 Huch holder 
 of liny deben> 
 tare and 
 ri');istration 
 to \}f prima 
 fixeit 
 evidence. 
 
.1 
 
 m 
 I* 
 
 k 
 
 ir 
 
 
 (548 
 
 keturn to be 
 
 proTlnolnl 
 •HorHtary. 
 
 TIIK MtrNiniPAI, MANL'AI,. 
 5. 'riic ('Icrk, or person urtiMir !,.,( ^^^^,^^ ^^ 
 
 [*. .1. 
 
 ci|)iilur i.iovi.sionni iiinnui|ml t!oi|M.rati()ii and „ •,'""" 
 Mrrrtiiiy, or ik-iscmi mcMiij,. as surli, „t' ,,i'iv otlw ' ' 
 
 body (cxct'i.tin;; siii-li as ,uv in ..,ii(l l.y tliis \ f' ""'"'"" 
 Khali, on or Lnforn tho lOH, ,lav <)t^lannaiv i, "' ?'''''''' ' 
 tnuiMinit to tlio Prnvincijil Sccn'tmv :i v.^,... ' '' , ' -^'''''i- 
 
 - - ■ - - .' 'I CI nil I, |„.|^||, 
 
 tin. :n St, clay of D.-mnhor then last\,ast i, T"" "!"•> 
 lio.l in tin. Sfli...lul.. 15 luTounto ann(4..l\|,,!vr ?' 'I"''^' 
 of thr niuniriiial oc provisional inuniuihMl ...„',',!;,;"'"""" 
 olIkt (!oi-porjit(' l)o(|y, — tlic anioiint, of its (|,.|,t , ""' "^ 
 tin^'uishin-' til.- iunonnt .,1' .|,.l,t inciuiv,! iin 'u. ti""!; '''' 
 
 cipiii L.mn Fund Acts, if anv, fi„u. il,,. ,. ,,;„, "' 
 
 debt-tliH assc'SH.-d valuf of tjie ,val and pm', ''l ''' ''1 
 l.filongin^' to snch rorpomticMi or rompanv '.711!'" ""'"1 
 
 value of th,. real and pcfsonal estate „f Mi,.' ,• '•, 7"*"''J 
 
 both, as tlie case inny be -the total nit.«s. jf ;,„y „' ! V"' 
 assessed (Mi such lnsf-nienlion(>d pi'op,M'tv f(a' 'j,'"' """'" 
 and the .nnon-.t of intvn.t .lue by tl... ;.o,.p..n;tL,r;:':; 
 pany, or by the tnunieipalitv. I{. S. () IS77 ,. i-/ 
 
 I'roTJnciiil 
 neurt'tary ti> 
 coiiipilo 
 tabli'M frniii 
 Bui*l> returns 
 and lay 
 
 thfUl I'CfnVH 
 
 the LuKi^ltt- 
 
 tlVH 
 
 ARsetubiy. 
 
 6. The I'rovineial Secvtary shall aMnuallv roi,,,,!!, ,: I 
 the rc^turns so tiansniitted, a statei ' ' • '*^ 
 
 Moili' in 
 which by- 
 law!) Khali bf 
 certiflt>(l. 
 
 By-laws, 
 rutiirnx and 
 liooks of 
 entry ill 
 regintry 
 office, to U* 
 
 i • „ ,. ,1 , ""■"* '" ^"'"'I'li' toil 
 
 shewin- the na.n..s at he several eorp.a-ations i„,„„.,„l„n 
 
 and the eontents ot their respet-tive letariis .M'liiist t) il 
 rcsi.eetive nauK^s in other eolunms, coin'siM.ndiiiiTto'tl,, 'f 
 the said Sehediih, 15 : and he shall fuiis,. n.pi,.Jlim'ot' tl 
 laid before the Legislati^■o Assembly within tlic tjist lift,.. 
 days of the Session uvxt after the eoinplctj,,,, of tlicsiim,. J 
 if the Lejiislative Ass(Mni)ly is sitting,' wIk-m tlif smm- is , J 
 pleted, as soon as may be after sueli coiiiiili'tidii I' v; ' 
 1877, t:. 17b. s. 4. ' 
 
 7. All by-laws mentioned in section 2 ef this Actsli;i||| 
 certified and autlitniticuted by the seal of the uiunicipal 
 poration, and by the si<,'natnre of the head thereof or of 
 person presiding at the ine(!ting at which the orjcjiiiii! l.v-L 
 has been made and passed, and also by that oi tlie tleilc! 
 the corporation ; and all by-laws of otlicr corporate lio 
 shall be attest«Ml and authenticated l)y the seal of tlipooit 
 at(^ body and by the signatui-e of the head thereof R Si 
 1877, c. 176, s. 7. * 
 
 8. The certified copies of all by-laws hereinbefore refei 
 to and transmitted as afoi-esaid, and also the retiiriu 
 section 2 of this Act mentioned, and the book or book 
 
 liiiisrn-viiMr 
 
,, pEHENTURES REOISTRATION ACT. Qi^ 
 
 1 ,,i, ifiturns iukI of rogistrntion, shall be open to?P«"V; 
 • • ection and exiunmation, and access hud tlieroto tiH 
 \ public iiisp ^^^^^j houis upon puyinout of certain feys 
 
 |i':S£l-viclocl. R. S. O. 1877. c. 176, s. 8. 
 fl The following fees shall be paid to registrars under this kc, pay»i.ie 
 
 V- ' under tbU 
 
 I Act: $cU.^'^- 
 
 I . ti,„i „f eacli curtirietl copy of Hy-laws, tlio sum of 2 00 
 iForreKist'i . lloturns r. i presorihed in achetlnle A, 
 
 r r'"' . Huch Kf turn, tl.o sum of f 00 
 
 I lnon of tlie uiinio of hoUler or tmnsforee of any 
 
 Ifor f«H'°^'7 i,,i,e„turL-H not exooc.ling Hvo, tlie sum of ... . 2.') 
 
 ^::s::i^ oj^ 
 
 £ inls of tbiity, tlie Huui o} ..••••, • ^ *^ 
 
 B IL search, inspectnig each copy of Jly-law, and 
 
 ' R. S. O. 1877, e. 17G, s. I). 
 
 10 111 nil such cases as rc(juiro the submission of any by- 
 JtothoLieiittMiant-Goveriiorfor his sanction, such sanction M..RMingof 
 Lt tirst be obtained to briii-,' thesanie witl.m the meaning |«^';;n^;;^«!,°;'^ 
 1 .voids " tintd imssing thoreof" in .section '2 of this Act. to by-iilws 
 
 '"' *' ._ 1-/. 1A to lit- 8Ub- 
 
 .S, 0, 18h,C. nu, S. IV. mittcdtolhc 
 
 liiHUtcuant- 
 
 lll The foioj,'oiiig sections of this Act shall not extend to Governor. 
 fl,i.!ii\vsor(?ebentures thereunder, of any railway com- ^,.j „„^ j^, 
 jv or nnv ecclesiastical corporation heretofore incorporated ixtMn.i to 
 iWat'ter to be incorporated, or the debentures issued by io"„'p!J-),ie8 or 
 Leiigious (leuonunation in its corporate capacity. R. S. O. ;;; J,:i^;|;,;»J 
 rc.lTG.s. 11. «<^'. 
 
 Il2. Any clerk or secretary a,s aforesaid, of any municipal- 
 lorcoqiorate body as aforesaid, who neglects to perform, ,.^^^j^ 
 ]lim tlie proper iieriod, any duty devolving upon him in offlMrsVf " 
 Lof this Act, shall be subject' to a fine of $200, or, ^ in ™J«J^°'' 
 pit of payment thereof, to imprisonment until such fine thwr duties 
 iditl.but for a period not exceeding twelve months, to be Ai-f" *'"" 
 Ecuted for in the name of the Attorney-General of 
 tario, in am' Court of competent jurisdiction. R. S. O. 
 |7,c.lI6,s.'l2. 
 
 Any such debenture issued as aforesaid shall not be 
 ible in the hands of a bona fide holder for value with- 
 i«otice,(«). R S. 0. 1877, c. 176, s. 13. imprachle. 
 
 I See sec, ,351, d Heq of the Muaicipal Act. 
 
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 Preamble. 
 
 G52 THE MUNICIPAL MANUAL 
 
 [8. 1. 
 
 R- S. 0. cap. 187. 
 An Act respecting Public Meetings. 
 
 PrBLICMEETIxVGSPKFINED.SS. 1-3. PROCEDURE AT MEETIVd 
 
 Notices to constitute, ss. 4-8. Powers of chairmav ^n 
 Shekiff, Mayor, or Magistrates | Special constaeles's ^'-i ^^' 
 TO attend meeting called Limitation- of actions 9 u 
 BY them, s. 9. I ' ^- 1* 
 
 IT being the undoubted right of Her Majesty's subjects k^ 
 meet together in a peaceable and orderly manner imtf 
 . only when required to do so in compliance with the exnre' C 
 direction of law, but at such other times as they may dee**^J 
 it expedient po to meet for the consideration and discussioll 
 of matters of public interest, or for making known to theirl 
 Gracious Sovereign or Her Representative in this Province." 
 or to both or either of the Houses of the Imperial ori 
 Dominion Parliaments, or to the Provincial Legislature 
 their views respecting the same, whether such be in appi^l 
 bation or condemnation of he conduct of public affairs i 
 and it being expedient to make legislative provision for th< 
 calling and orderly holding thereof, and the better preserve 
 tion of the public peace at the same ; 
 
 Therefore Her IVIajesty, by and with the advice and coil 
 sent of the Legislative Assembly of the Province of Ontario 
 enacts as foUov/s : — 
 
 meeUn'^8 ' ^' ^^^ public meetings of the inhabitants or of any ^ 
 within the ticular class of the inhabitants of any district, county, ridin 
 I'yg Act?" ""^ city, town, township, or ward in this Province, which a 
 required by law, and summoned or called in the mam 
 hereinafter by section 4 of this Act prescribed, shall be 
 be deemed to be public meetings within the meaning of 
 Act. R. S. O. 1877, c. 177, s. 1. 
 
 "Public- 2. All public meetings of the inhabitants or of siny 
 
 caiJed'bj-' ticular class of inhabitants of any district, county, rid 
 iu^'i*trate8" ^^^y* *°^"» towHship, Or Ward in this Province, called by \ 
 to be within sheriff of any such district or county, or by the mayor 
 ©ahis^Act. other chief municipal officer of any such city or town resg 
 tively, in the manner hereinafter by section 5 of this 
 prescribed, upon the requisition of any twelve or men 
 
PUBLIC MEETINGS. 
 
 freeholders, citizens or burgesses of the district, county, 
 '^j- citv town, township, or ward, having a right to vote 
 inbeisto serve in the Legislative Assembly in respect 
 • i,"^Dropei-ty held by them within the district, county, 
 
 653 
 
 for member 
 
 «| , p'tv town, township, or ward respectively, and all 
 
 h meetings called by any two or more Justices of the 
 
 ie resident in any such district, county, riding, city, 
 
 township, or ward respectively, upon a like requisition 
 
 f"^ twelve or more of such freeholders, citizens or bur- 
 
 &'nbgofthisAct. 
 
 R. S. O. 1877, c. 177, s. 2. 
 
 ' Public 
 
 *il public meetings of the inhabitants or of any par-" 
 1 niaTclass of the inhabitants of any district, county, riding, "edar^by 
 
 1 town, township, or ward in this Province, declared to^-o^^'^; 
 1 ublic meetings within the meaning of this Act by any within the 
 tJjustices of the Peace resident in such district, county, fhuf acUo**' 
 
 Jing city, town, township, or ward, in the manner herein- *» 'c-. 
 
 te by section 6 of this Act prescribed, shall be and be 
 Ltnpd to be public meetings within the meaning of this 
 It R. S. 0. 1877, c. 177, s. 3. 
 
 i n\ Tn every notice or summons for calling together Jiannw of 
 
 HV^. ,. •'^ • i- 1 e i.\,' A 1. • bringing 
 
 such public meeting as m section 1 ot this Act is men- meetings 
 MDed. there shall be contained a notice that such meeting, f^'^^SiS^ 
 indaii persons attending the same, will be within the pro- protection ot 
 Uon of this Act, and requiring all persons to take notice ^^^ ^*'*" 
 ffovern themselves accordingly. 
 
 (2) Such jart of the notice or summons may be in the Notice. 
 tnii or to the eftect following : 
 
 And be it known, that the meeting to be held in pursuance hereof 
 
 Laliedin conformity with the provisions of Chapter 187 of The 
 
 Umd Sialtites of OiUario entitled A71 Act respecting Public Meet- 
 
 Mc and that the said Meeting and all persons attending the same 
 
 ill therefore be within the protection of the said Act, of all which 
 
 sinises, all manner of persons are hereby in Her Majesty's name 
 
 imt strictly charged and commanded, at their peril, to take especial 
 
 M, and to govern themselves accordingly. 
 
 R. S. 0. 1877, c. 177, s. 4. 
 
 5, The notice to be issued by the sheriff of any county, ^^*"°®*" **' 
 iby the mayor or other chief municipal officer of any city meathigs 
 t town, or by two or more Justices of the Peace, for calling ^jj'J^jg^y^ 
 to such public meeting as in section 2 of this Act is men- within the ' * 
 
 "' "^ protection of 
 
 thit Act. 
 
654 
 
 THE MUNICIPAL MANUAL. 
 
 which 
 forth 
 
 By prirate 
 persons 
 within the 
 
 t«. _ 
 
 1. Shall be issued at least three days before the d 
 dch such meeting is appointed to be held; andsTll^^* 
 
 (a) The names of the requiaitionist&. <^r r.^ ^ „ 
 
 ^ ' number of them j ' '^^'^P^tentj 
 
 (6) Th.it such meeting is called in conformitv wuu iu 
 provisions of this Act ; and ^ " *•>• 
 
 (c) That such meeting, and all persons attending thJ 
 same, will be within the protection of this A ? 
 and that all pei-sons are required to take nof i 
 thereof and govern themselves accordingly. ' ] 
 
 2. Such notice may be in the form or to the effect nf «3«;> i 
 ule A to this Act. R. S. O. 1877, c. 177, s. 5. ^^''^j 
 
 6. Upon information on oath, before any Justice of thi 
 Peace, that any public meeting of the inhabitants oi -^f oJ 
 th?8Tct""'par*i<5"l«''*<'^«^»<^* *^® inhabitants of any district, c'ountl 
 riding, city, town, township or ward, not being a publi 
 meeting of the description mentioned in section 1 of th 
 Act, or a public meeting called in the manner referred to i 
 section 2 of this Act, is appointed to be held at any pla 
 within the jurisdiction of such Justice, and that "there. 
 reason to believe that great numbers of persons will be presen 
 at such meeting : any two Justices of the Peace havin^ jmi 
 diction withiii the district, county, city, or town within^vhil 
 such meeting is appointed to be held, may give notice of su4 
 meeting, and may declare the same, and declare all mr&m 
 attending the same, within the protection of this Act a 
 require all persons to take notice thereof and govern the 
 selves accordingly, and such notice or declaration may be i 
 the form of Schedule B to this Act. R. S. 0. 1877, c. H 
 s. 6. 
 
 Ju»UM8*etc '^* Every sheriff, mayor. Justice of the Peace, or Other J 
 
 calling ' " son who calls any such public meeting as is mentioned 
 
 "quuifion" section 2 of this Act, sliall give public notice thereof 
 
 togivo extensively as he reasonably can, by causing to be posted i 
 
 distributed throughout the district, county, riding, cj 
 
 town, township, or ward for which the same is called, a si 
 
 cient number of printed or written copies of the notice calf 
 
 the same. R. S. O. 1877, c. 177, s. 7. 
 
 Justices 8. The Justices of the Peace who declare any public i 
 
 meeungf to ^^S ^bout to be held to be a public meeting within the 
 
 certain 
 notices. 
 
,11-] 
 
 PUBLIC MEETINGS. 
 
 jfthis 
 
 Act as ^^ section 3 of this Act, mentioned, 
 
 *""" Dublic noticj of its having been so declared, by 
 "^'■^7 be posted and distributed throughout the district 
 |(»ii»"8 ^,-j^„citY. town, township or ward for which the 
 Ijoanty. " e'^j ^ many printed or written copies of the 
 H' '^ ^*!leclai'a'tion issuet' by them in that behalf as may be 
 lioticeor j^g^gggj^^y for that purpose, and as the time 
 |t(»sona J holdinf' such meeting reasonably admits. 
 
 fri877,c. 177.3.8. 
 
 Bvery sheriff, mayor, Justice of the Peace, or other 
 who either calls any public meeting under the pro- 
 
 665 
 
 be within 
 protection of 
 Act to give 
 ce?tain 
 notices. 
 
 - f section 2 of this Act, or declares any meeting 
 
 ^"^ others to be a public meeting within the protection 
 
 V Act under the provisions of section 3 hereof, shall 
 
 t J such meeting, and whether such sheriff, mayor, 
 
 tl ol the Peace, or other person is appointed by such 
 
 Ift meeting to take the chair and preside over the same, 
 
 I Dt every such sheriff, mayor, Justice of the Peace, and 
 
 '" nerson shall continue at or near the place appointed 
 
 1 Idin" such public meeting, until the same has dis- 
 
 V, jj^l s)iall afford all such assistance as is in his power 
 
 Erving the public peace thereat. R. S. O. 1877, c. 
 
 llO Every person required by law, or who has, in the 
 iwav been appointed at such public meeting to preside 
 ftksame, shall commence the proceedings of the meet- 
 ■ bv causing the summons or notice calling the meeting, 
 ftke declaration whereby the same is declared to be n 
 Hie meetin", under the protection of this Act, to be 
 lliclvveacl. " R. S. 0. 1877, c. 177, s. 10. 
 
 SlierliTs and 
 J ustices - 
 calling and 
 doclaring 
 m«eting 
 under this 
 A I't to attend 
 the same. 
 
 C II airman to 
 read 
 
 requisition 
 niid make 
 prod II oration 
 for the 
 preservatioa 
 of order. 
 
 airman to 
 move 
 
 \nv oei-son required by law, or who has been ap- ohni 
 
 ' " ^, • • xi 1 J. •^ ii rnmOTe 
 
 1 at such meenng in the usual way to preside over the aisorderiy 
 1 cause order to be kept at such meetings, and for ^'J' j ""**• .^. 
 Ipurpose raay, by oral direction or otherwise, cause any .^n view of 
 fiwho attempts to interrupt or disturb such meeting to *^'*''«'''>a'»<'e. 
 moved to such a distance from the same as may effectu- 
 iprevent such interruption or disturbance, and by an 
 tmientin writing under his- hand, on his own view, may 
 ilje any person who so attempts to interrupt or disturb 
 Ueeting guilty of such attempted interruption or dis- ^ 
 iDce, upon which conviction any Jiistice of the Peace 
 Iky wan-ant under his hand, forthwith commit such 
 1 to the common gaol of the county or district, or to 
 
666 
 
 THE MUNICIPAL MANUAL. 
 
 [8. Ill 
 
 To call on 
 JuBticeB of 
 the Peace, 
 constableB. 
 etn., for 
 aesietance. 
 
 any other place of temporary confinement that such T • 1 
 may appoint, for ahy period not exceeding foity-eisht f^"* 
 from the time of commitment signed, and until th if"! 
 costs of the constable and gaoler for the arrest t^ ^^ • I 
 sion and detention of such person are naid «',. !^'^''!."*l 
 R. 8. O. 1877, c. 177, s. 11. ^ °' '**>«H| 
 
 12. For the purpose of keeping the peace and prespr. 
 good order at every such public meeting, the peisen rea il" 
 or appointed to preside at such meeting as aforesaid 
 command the assistance of all Justices of the Pent ™' 
 stables, and other persons to aid and assist him \u cJ^ '^' 
 R. S. O. 1877, c. 177, s. 12. '°^°' 
 
 Justices to 13. Any Justice of the Peace present at any such meet' 
 spwiai'con. upon the Written application of the person so required" 
 
 stables on appointed to preside at the same, shall swenr in „ l 
 wquisition r I /• ■ i .11 ' , »wear in such i 
 
 of chairmnn. number ot speciai constables as such Justice may d* 
 necessary for the preservation of the public neacPflf «„j 
 meeting. R. S. O. 1877, c. 177, s. 13. I^^^'^^sud 
 
 Action to be 14. Every action to be brought against any pei-son for 
 wTthfn 12 thing by him done under authority of this Act, must 
 months. brought within twelve months next after the cause of so 
 action accrued. R. S. O. 1877, c. 177, s. U. 
 
 SCHEDULE A, 
 
 (Section 5.) 
 
 To THE INHABITANTS OF THE COUNTY OF A, (or as the case maul 
 AND ALL OTHERS HER MAJESTY'S SUBJECTS WHOM IT DOTH OR MAI 
 ANYWISE CONCERN : 
 
 Whereas I, A. B., Sheriflf of, etc., or we, C. D. andi,'. F.,tn 
 tchatever the number may he) of Her Majesty's Justices of the L 
 for the County (or District) of A, resident within the saidCoiml 
 District) having received a requisition , signed by /, /, K, L,| 
 etc., {itisertiiig the naima of at leai^t twelre of (he requmtionUs of 
 many more as comientiently may be, and mentioninij (he numkrl 
 others J thua) and fifty-six (or as the case may be) otliers, wl 
 twelve of whom) are freeholders of the said County [or Distrij 
 citizens of the said City) having a riglit to vote for members t^ 
 in the Legislative Assembly in respect of the property held hi 
 within the said County (or District or City, etc., a.-< the ca-^e i 
 requesting me (or us) to call a public meeting {here recik the 
 tio7i) : And whereas I (or we) have determiued to comply \vii 
 said requisition : 
 
■liat such Justice 
 forty-eight liounl 
 
 until the lawful! 
 
 arrest, transmivj 
 paid or satistied.| 
 
 ice and presewin 
 lie \>ersen require! 
 as aforesaid mi 
 :)f the Pef>ce, co_ 
 at him in so doint 
 
 ScflEP- 
 
 B.] 
 
 PUBLIC MEETINGS. 
 
 C57 
 
 fherefore, I (or we) do hereby appoint the said meeting to 
 No«'. *"* ,|^fre state the place) on , the day of 
 
 '*'' • tant), at ^* *^^® clock in the noon, of which all 
 
 next (or '"' jjgyg'by required to take notice. And whereas the said 
 perso"' »'' j^gjj gg called by me (or us) in conformity with the pro- 
 jieetiiig"* ^gj. jgy jjj tjiQ Revised Statutes of Ontario, entitled 
 visions 01 " J^j-jj^ /»MiKc Mtetings, the said meeting, and all persons 
 I J»'^''"'^Wj,g game, will therefore be within the protection of the 
 ,bo att*"^ . jj which premises all manner of persons are hereby in 
 '"''''m "tv's name most strictly charged and commanded, at their 
 ger ^'"J'v ggpecial notice, and to govern themselves accordingly. 
 
 Witness 
 
 my hand (or our hands) at , in the of 
 
 day of . 18 . ^ ^^ _ 
 
 A. B., Sheriflf, 
 or C. i>. , J. p. 
 E. F., J. p. 
 
 R. S. O. 1877, c. 177, Sched. A. 
 
 SCHEDULE B. 
 
 (Section 6.) 
 THE INHABITANTS OF THE COUNTY OF A. (or OS the Case may be), 
 
 U\D ALL OTHERS HER MAJESTY'S SUBJECTS WHOM IT DOTH OR MAY 
 I p .OYWISB CONCKRN : 
 
 i Whereas, by information on oath taken before D. E., Esquire, one 
 L Her Majesty's Justices of the Peace for the County of C (or City 
 rDistrict, or as the case may he), within which the meeting herein- 
 ur mentioned is appointed to be held, it appears that a Public 
 JeetiDgof the inhabitants (or householders, etc., as the case may be) 
 iU County of G (or as the case may be) is appointed to be held at 
 in the said County (or as the case may be), on , the 
 
 (lay of next (or instant), at of the clock in the 
 
 noon [or at some other hour on the same day), and that there 
 iieasou to believe that great numbers of persons will be present at 
 Vh meeting; and whereas it appears expedient to us C, D. and 
 Vl^miwwhattver the number may be) of Her Majesty's Justices 
 Le Peace having jurisdiction within the said County (or as the 
 ( Ml/ H that, with a view to the more orderly holding of the 
 lieeting, and the better preservation of the public peace at the 
 K, the said meeting, and all persons who may attend the same, 
 id be declared within the protection of cliapter 187 of the 
 Statutes of Ontario, entitled An Act respecting Public Meet- 
 
 ■Sow, therefore, in pursuance of the provisions of the said Act, 
 ithejuthority in us vested by virtue of the same, we, the said 
 idces, do hereby give notice of the liolding of the said meeting, and 
 mby declare the said public meeting, and all persons who 
 dthesame, to be within the protection of the said Act. 
 
 83 
 
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 • ■ '■».'' " * 
 
 ,..,j^V; ,..; 
 
 •■ i: '-,, ■ 
 
 '-■i<!V 
 
 ..•-^V . 
 
 
 
 '•^. ' . 
 
 'r\^i 
 
 658 
 
 THE MUNICIPAL MANUAL. [o' 
 
 Loched. }j 
 
 Of all which premiaes all manner of persona are li k 
 Majesty's name most strictly charged and commanded »?*u -"^ ^'*'" 
 to take especial notice., and to govern themselves accordin i "" ^"'' 
 
 Witness our hands at , in the nf ^i..^^' 
 
 -- . *•»" day 
 
 of 
 
 18 
 
 CD. 
 
 . J. p. 
 
 ^•^..j.p; 
 
 &c. 
 
 R. S. 0. 1877, c. m;.W. B. 
 
 R. S. 0. cap. ?88. 
 
 An Act to exempt Firemen from certain Localj 
 
 Services. 
 
 HER MAJESTY, by and with the advice and conse J 
 _ of the JiGgislative Assembly of the Province oH 
 Ontario, enacts as follows : — , • 
 
 ; It shall be in the discretion of the corporate authoritia 
 or boards of police in any city or town, or place in wliic 
 the formation of companies of firemen is by law autlDri^e 
 and regulated, or, where there are no such authorities 
 board, it shall be in the discretion of the Justices of tl 
 Peace of the district or county in which such city or toM 
 is situate, in General Sessions assembled, or the maioritv 
 them, to consent to the formation of a fire company in sue 
 city, town or place, or to defer the same until circunistaiio 
 in their opinion render it expedient that such conipa 
 Diseon- should be formed ; and they may r„iso, in tlcir discretid 
 ren'e^aT °^ ^•■<^'" *"^*<^ *^ time, discontinue or renew any sucl! conipa 
 
 Formation 
 of flre 
 companieii. 
 
 Certiflpated 
 members of 
 8uch com- 
 
 or companies. R. S. O. 1877, c. 178, s. 1. 
 
 2. Whenever any company or companies of firemen 
 been regularly enrolled in any such city, town or place, ■ 
 exe^ ^t d*^^ corporate authoi ities, or board of police in such ci'y or to^ 
 from Hervirg ov the J ustices of the Peace for the district r,- oouii^'y, or i 
 and'froni' majority of them, as aforesaid, respectively, being satislio 
 certain other the efficiency of such persons and accepting their enroling 
 shall d" .act the clerk of the peace for the district or ecu 
 to grant to each member of such company p certificate i 
 he is enrolled on the same, vvhich certificate shall exei 
 the individual named therein, luring the period of his ei^ 
 ment, and his continuance in actual duty as such tiren 
 
 ofHces 
 
[SCHED. B. 
 
 hereby in Her 
 I, at their peril, 
 )rdingly. 
 
 this day 
 
 )., J. P. 
 
 &c. 
 
 •7, Soiled. B. 
 
 SSSMPTIOH OP FIREMEN. 
 
 „nr» ft9 a iuryman or a constable, and from all 
 |.t;r*.^ Rs''o.l877,o.m,a2. 
 
 The corporate authorities or board of police in any city 
 r where there are no such authorities or board, the 
 
 659 
 
 certain Local | 
 
 Ivice and consent | 
 the Province of 
 
 i-porate aut'liovitiei 
 
 3V p\ace in whicM 
 
 by law auth jriM* 
 
 [\c\i authorities ( 
 
 lie Justices of th 
 
 sucii city or to^ 
 
 ' or the majority r 
 
 le company in sud 
 
 mtil circumstanojj^ 
 
 lyt such compaf 
 
 in ti.olr discretiof 
 
 any such conipa 
 
 II. 
 
 liiesoKireraenb 
 I town or place, ^ 
 L such ci-y or to^ 
 Ltr.'. couu^y.or^ 
 iy, being satislia 
 Jug their enroltnj 
 Je district or cou* 
 |uy p certificate' 
 lipcate shall exe^ 
 ^period of his en 
 
 [ty as such firei^ 
 
 ortoWDi 
 
 ' of the Peace for the district or county, or the 
 
 e |.|jgin^ at any general or adjourned sessions, upon 
 "^J^l'L to them made of neglect of duty, by any member 
 I h fire company, shall examine into the same; and for 
 '"''"'^ ■ - and alpo, in case any member of such com 
 
 \\ pause anu •nf-', *"■ ^""^^ ""j luuuiuui. v»j. ouuu v<v»ui- 
 
 "^Ts convicted of a breach of any of the rules legally 
 
 'fj , |.j^g regulation of the same, may strike off the 
 
 I f any such member from the list of the company, fvnd 
 
 forward the certificate granted to such member, as 
 
 f^d sball have no eflfect in exempting him from any 
 
 '^. aorvice in the next preceding section of this Act 
 
 "^" R. S. 0.1877, c. 178, s. 3. 
 
 1 1 When any member of any company of firemen, regu- 
 L enrolled in any city, tovirn, or place 'ij which the forma- 
 !of companies of firemen is by law^ authorized and regu- 
 has regularly and fai^-hfully served for the space and 
 "of seven consecu^lvd years in the same, the said mem- 
 1 be entitled to receive, upon producing due proof 
 Ills havin" served seven consecutive years as aforesaid, a 
 ificate from the clerk of the peace of the district or 
 uty in which he residas, or from the clerk of the corpor- 
 lyy or board of police under whose authority the said 
 has been established, that lie has been regularly 
 served as a member of the said firo company 
 I the space of seven years; and such certificate shall 
 upt the individual named therein from serving as a con- 
 and from all municipal offices, but this shall not 
 it such fireman from serving as a juryman. K. S. O. 
 i,c.l78,3.4. 
 
 The rnmiicipcl council of a city wherein the formation 
 
 mpanies of firemen is by law authorized and regulated, 
 
 -law, enact, that when a member of a company 
 
 a regularly enrolled in such c'.ty has regularly and 
 
 i!1t served in such company for the space and term of 
 
 yw^ consecutively, such member, upon producing due 
 
 -s having so served, shall receive a certificate from 
 
 [kof the council of the city or the clerk of the cor- 
 
 wider whose authority the company was estab- 
 
 Suoh 
 
 exemption 
 may b« 
 taken away 
 in case of 
 misconduct 
 on tlie part 
 of any 
 member of 
 any 8uch 
 company. 
 
 Firemen 
 having 
 served seven 
 y«ar» 
 exempted 
 from Nerving 
 in certain 
 offices. 
 
 ml 
 
 Firemen 
 linving 
 served seven 
 years 
 
 entitled to a 
 certificate to 
 that effect. 
 
 Is :|'- ■■"'.*'■■ 
 
 m mmM 
 
 
 lite*' 
 
 r.^o«i| 
 
i 
 
 000 
 
 THK MUNICIPAL MANUAL. 
 
 ilBued, that l:e has been reg\ilarly euiolled and 
 member of the said fire company for the nmo,^ r.f "^ '^*''' 
 H. S. O. 1 877, c. 1 78, s. 6. ^ '' ''* '^''^ P 
 
 c..r...„...c . 6. The certiHcate shall exempt the individual ,n„ 
 Hiiaii ..xemi.i therein trom thc3 puymenc of any personal st..tn* i , 
 
 riT'itli'titc 
 
 iai'our uix thereafter, and trom serving as a juror on the tii, 
 
 HUil from - -— '^ '- -i" T •■' • • - '" 
 
 jiiroro. 
 
 bour 1 
 'ial of 
 
 cause in any Court of Law within" tins I'mviiw.^'" d"' ' 
 1877, c. 178, 8. 6. "'• ^^^^■ 
 
 [See also m to exemption of Jlmnen from \^^ 
 Rev. Stat. c. 52, «. 6 (31) ; and as to exemption fLT 
 cipal ofHces, Rev. Stat. c. 184, s. 78.] ' ' "" 
 
 B. S. 0. cap. 189. 
 
 An Act to provide for the establishmeut 
 Free Libraries. 
 
 Short title, s. 1. 
 Establishment of kuee libra- 
 ries, 8. 2. 
 Hoard of management, 8. .3. 
 
 Duties of Board, s. 4. 
 
 By-laws, s. 5. 
 
 Yearly estimates, 8. 0. 
 
 Accounts, 8. 7. 
 
 Special rate vuk uum* 
 
 I'dSES, s. 8. I 
 
 Admission- to be fkke, s, 9,1 
 
 Transfer ok i-roi'ektv bi 
 
 • •hanics'jnstitutes. el 
 10, 11. ' i 
 
 Act to be READ WITH Ml'SJ 
 
 and Assessment At ts 
 Forms, s. 13. ' 
 
 i 
 
 HER MAJESTY, by and with the advice and coiis_ 
 the Legislative Assembly of the Province otO^ 
 enacts as follo-vV^ : — 
 
 Short title. 1. This Act mav be cited as " The Free Lihmevi 
 45 V. c. 2-2, s. 1. ' 
 
 EFtabiiRh- 2.— (1) A free library may be established in aiiTl 
 
 int'Dtoffref . ^ . j. i -ii • i • „ 'I 
 
 libraries. town, or incorporatect village, m manner hereinafter proi 
 
 (2) Where a free library is so established, there] 
 without any proceedings for the purpose under this 
 connected with the library, a free news-room, or niiisa 
 both ; and there may be established a branch 1 
 branch libraries, and a branch news- room, or branch^ 
 rooms, in the municipality. 
 
CS INSTITUTES, ET 
 
 Her. Stat. e. 
 184. 
 
 , FIIKK LIBRARIE.S ACT. 
 
 I I ase a petitioJi is presented to tlie council of a city, 
 I (^' "incoi-porated village, signed by not less tlian one 
 
 h\ lectoi-s in the case of a city, or not le.ss than sixty 
 
 1 of ,1 town, or not less than tliirty in the case ofan 
 
 teil village, j)raying for the establiHlnnent of a free 
 
 ^Tu.ider this Act, the council nuiy pass a by-law giving 
 
 ""^ the petition, with the ..;sent of the electors (jualiHed 
 .'''jjt municipal elections given bi'i<.-e the tinid passing 
 |'\^,.1(,„. as provided by the niunicip;.' hiw. 4;') V. c. 
 
 li\ A bv-liiw under this Act, which ha.s been so assented 
 Ik. tic t'leotors, may be passed at the first oi- any nieeting 
 \i iiiunifipiil council thei-eafter, without waiting for th<' 
 
 ^ration of fourtetai (lays or any other time, unless a 
 ,1 for ;i scrutiny has been presented in the meantime, 
 
 Imvided by section 328 of 1%; MimkipoJ Art. 
 
 In Alter !i bv-law has been a.ssented to, it shall be the 
 tvol the council for the time being to pass the same 
 Ut uiinecessjiry delay, whether such council is or is not 
 laaiei'oiincil which submitted the by-law to the electors. 
 
 |v.c.rx.ss. 3, 4. 
 
 Ij) In case the vote of the electors i.s adverse to the by- 
 Inoii™ by-law for the same purpose shall afterwards be 
 i)V the council to be suV.niitted to the electors within 
 lame municipal yeai-. 4 J V. c. 22, s. 2 (4). 
 
 k_(li In cast! of the estalili.shment of a free library .\ppolnt- 
 this Act, the general management, regulation, and ",oard°of 
 jlot'the libiary, and of the news-room and museum Manajfc- 
 UtI, skll be vested in and exercised by a board to be'"*" 
 ithe board of management ; which board shall be a 
 ,]«)litio and corporate, and shall l)e conij)osed of the 
 bot'the city or town, or the reeve of the village, aud 
 jotliei' persons to be ap[)oiuted by the council, three by 
 Lblic school hoard, or the board of education, of the 
 ■lipility, and two by the trustees of the separate school, 
 
 661 
 
 4m¥^.\ 
 
 ,P3#«»1 
 
 .) Hilt* 
 
 ■j'j I i|, '"'j 
 
 ) No person who is a member of the body entitled to 
 lit sliatl be qualified to be a member of the board of 
 
 pent, 
 
 I Of the representatives appointed by the council, and 
 pklic school board, or board of education and separate 
 
 
 ni 
 
I 
 
 t 
 
 t.'t 
 
 602 TIIK MUNICIPAL MANUAL. r I 
 
 school truHteoH, rcHpectively, ono hIiiiII retire .mm. ii , I 
 may be re-upiunnted. ^ """"'^"y, btrt] 
 
 (4) Of the thvi'o uwAuhovH fh-Ht appointed by tlie 
 and public school board, or board of education r- ^"•""' 
 ono Hhall hold otlico until the 1st day of Kcbn'mrv'^'f?'^*' 
 appointment, ono until the Ist day of Kebniary in'th, 
 lowing year, and ono until the siune day in tjie vc 
 thereafter ; and of the two mendx^rs firHt apnoinlecrf "*" 
 separate school trustees, one shall hold office until tl 'l'^ 
 of February after his appointment, and one until the 1st ! 
 of February of the following year ; but every member '„f 
 board of nianagemont shall continue in office after th t 
 named until his successor is appointed. * 
 
 (5) In case of a vacancy by the (k-ath or resignation d 
 iieuiber, or frou\ any cause other than the expiration of j 
 
 me 
 
 time for which he was appointed, the member apnointrdi 
 his place shall hold office for the remainder of his term 
 
 (6) Subject to these provisions, each of the i.ipmli 
 appointed by the council, or i)ublic school board, or bono 
 education, shall hold office for three year.s from the 1st 
 of February in the year in which he is appointed ; iui,l e, 
 of the members ap[>ointed by separate .school trusti'cs fori 
 years from the 1st day of February in the year in wliiej, 
 is appointed. 
 
 (7) The first appointment of members of the hoard 
 be made at the first meeting of the appointin" couno 
 board, after the final passing of the by-law. The an 
 appointments thertsijfter shall be made at the fust im 
 of the appointing council or board, after tiie first i 
 January in every yt-ai* ; and any vacancy arising from! 
 cause, other than the expiration of the time for whio" 
 member was appointed, shall be filled at the first nie 
 thereafter of the appointing council or board. But 
 any reason appointments are not made at the said da( 
 same shall be made as soon as may be thereafter. 
 
 (8) The board of management shall elect one of their J 
 ber as chairman, who shall hold olfice for one year ; 
 preside at meetings of the board when present ; 
 absence a chairman n)ay be chosen pro tempare. Thtj 
 man shall have the same right of voting as the otheif| 
 bers of ti)e board, and no other. 
 
 ■'^^. ka 
 
^■A%] 
 
 FnRE LiniiAKIKH ACT. 
 
 003 
 
 Tiflboivnl sliall meet at least oiico every month, and 
 
 ch other times hb they may think tit 
 * ,M The chairnum or any two menihors may summon a 
 * ! nieotinK of the board by giving 
 f ;., aiitinir to each member, hpccifying the purpose for 
 
 ut least two days' 
 
 , ':,e in writing 
 
 :5 the meeting iH called. 
 
 in Xobusi news shall be transacted at any general or 
 , 1 niectiii),' unless four members are present. 
 
 »P' 
 
 All ordei's and proceedings of the board shall be 
 1 in liooks to be ke|>t by them for that purpose, and 
 ItlMie si"""! '^y *^'® chairman for the time being. 
 .M iji^e orilers and proceedings so entered and purporting 
 1 so signed, sludl be deemed to be original orders and pro- 
 l''j 1111(1 such books may bo produced and read as evi- 
 r«nf the orders and proceedings upon any judicml pro- s 
 pig whatsoever. 45 V. c. 22. s. 3. 
 
 1 Subject to the restrictions and provisions hereinafter nuties of 
 I taineci, the board are, from time to time, to procure, erect, " * 
 I rent tli'e necessary l)iiildings for the purposes of the library 
 I ftiie library, news-room, and museum (as the ease may bo); 
 L piircliase books, newspapers, reviews, magazines, nuips, 
 y specimens of art and science, for the use of the library, 
 Ln-room, and nuiseiun, and to do all things necessary for 
 |y„„ the same in a proper state of preservation and 
 lijir; iind to {)urchase and provide the necessary fuel, 
 
 Itin'' iind otbei' similar matters ; and are to appoint and 
 
 lis" as they see occasion, the salaried oflieers and ser- 
 
 Bts employed. 45 V. c. 22, s. 4. 
 
 1 5_(1) The board may make by-laws or rules for the Hoard may 
 iftvanduseof the library, news-room, and museum, aud^^g^**^" 
 ittiie luhuission of the public thereto; and for regulating J'*=''P«cting 
 Idtlier matters and things whatsoever connected with the library. 
 Bjenient of the library and of the news-room and mus- 
 i(lfany), and with the management of all property of 
 irykind under their control for the purposes of this Act ; 
 ithe board may impose penalties for breaches of the 
 |ii8 or rules, not exceeding $10 for any offence; and 
 kifrom time to time repeal, alter, vary, or re-enact any 
 ii by-laws or rules. 
 
 |2i After such by-laws or rules have been published 
 kly for at least two v.voks in a newspaper published in 
 
 .lH;;i-r- 
 
 ■iff!" • -■* 
 
 
 1 1 
 
664 
 
 THE MUNICIPAL MANUAL. 
 
 the municipality, or in a newspaper circulated th 
 
 [s. 5 (2)] 
 
 ^ ;•",;: ,* :• "-"^p^i^o circulated therein « 
 
 newspaper is published therem, the by-laws aT * 
 
 published shall be binding on all parties conceit uH 
 
 any Judge or magistrate, before whom a nenaltr • * 
 
 thereby is sought to be recovered, may order a nart^'^^r^ 
 
 such penalty to be paid, if he thinks tit. 
 
 part only M 
 
 (3) Nothing herein contained shall preclude thp , 
 
 ] 
 
 of the value of articles or things dama^ei 
 
 'ecover 
 
 '"' the amount 
 
 --70 -*'""■?«"'>'" till 
 damage sustained, from parties liable for the same 4: mj 
 
 up,, 
 ensuin 
 
 einatfe 
 
 c. 22, s. 5. 
 
 n"r;Vv^6-(l) The board of management shall, in the month 
 nstimates. March in every year, make up or cause to be made 
 estimate of the sums required to pay, diirinw the 
 ^ financial year : ' * 
 
 1. The interest of any money borrowed as her 
 
 mentioned ; 
 
 2. The amount of the sinking fund ; and 
 
 3. The expense of maintaining and managin.^ the lihr 
 
 ries, news-rooms, or museums under their contn 
 and of making the purchases required therefoi'. 
 
 (2) The board shall report their estimate to the coun 
 not later than the 1st day of April in each year 15 
 c. 22, s. f). 
 
 keep'reKuiar 7- The board of management shall keep distinct 
 iiw>unts. regular accounts of their receij)ts, payments, credits 
 liabilities, and the accounts shall be audited by tlie audit! 
 of the municipality, in like manner as other accounts ofj 
 municipality, and shall thereafter be laid before the couj 
 by the board of management. 45 V. c. 22, s. 7. 
 
 8— (1) For the purpose of providing for the expei 
 necessary for carrying this Act into effect, the council of] 
 municipality, in addition V all other lates ami assessra 
 levied and a.sseysed for municipal pur[«oses, shall levy] 
 assesfi from year to year a special annual rate sutiicien 
 furnish the amount estimated by ihe said board 
 required as aforesaid, but not exceeding one half of aj 
 in the dollar, upon the assessed value of all ratable realj 
 personal property, such rate to be called "The Free Lib 
 Rate." 
 
 Special rnto 
 tor library 
 pi«rpo8e8. 
 
 X. 
 
[»• 5 (2)3 
 
 I therein if n»| 
 I and rules 
 jncevned; but| 
 inalty impose 
 ■ a part only i 
 
 de the recover 
 r tl\e au\ount < 
 le same. 45 Vj 
 
 in the month ( 
 be made up, i 
 •iiig the ensuin 
 
 ed as hereinaft 
 
 \nd 
 
 lanaginf; the libp 
 nder their contp 
 uired therefor. 
 
 late to the coun 
 ;acli year. 4o 
 
 koep distinct 
 leuts, credits 
 -ed V)y the audih 
 iier accounts of ' 
 before the couf 
 J2, s. 7. 
 
 for the expe 
 I, the council of 
 jes and assessra 
 Les, shall levyj 
 ll rate sufficien 
 1 said board 
 
 one half of a! 
 ^U ratable real] 
 
 'The Free Lib 
 
 ,,-1 FREE LIBRARIES A fIT. 665 
 
 The council may also, subject as hereinafter provided, 
 
 I eauisition of the board of management, raise by a 
 ""•1 "issue of debentures of the municipality to be termed 
 'Pf Library Debentui'es," such sums as may be required 
 
 h Durpose of purchasing and erecting the necessary 
 ^\xJi and, in the iirst instance, for obtaining books and 
 oUerThiigs required. 
 
 , r)„,.in(y the currency of the debentures so issued the 
 
 1 shalf withhold, and retail) as a tirst charge on the 
 
 ""T nual rate, such amount as shall be required to meet 
 
 T nual interest of the debentures, and a sinking fund 
 
 Ifctle retirement thereof as the debentures become duo, 
 
 I ! inkiu" fu"^ *^ ^^^ invested and dealt with as in the 
 
 tL' of other municipal debentures. 
 
 ,,v . |] moneys levied or raised as aforesaid shall be 
 iJeiveil hy the treasurer of the municipality in the same 
 Luiner as other municipal funds, and be paid out by him 
 
 the orders of the board ; save as to the amount required 
 meet the interest and provide a sinking fund for deben- 
 Bresissued as aforesaid. 
 
 (5\ It shall not be necessary to ."submit to the electors a 
 c-laff authorizing tlie issue of debentures, provided th(^ 
 inualsuni lequired to meet the annual interest and sink- 
 fund do not, with a reasonable allowance for annual 
 mes exceed the said limit of half a mill in the dollar. 
 5V,c.'22,s. S. 
 
 19 All libraries, news-rooms, and museums established Admiwion 
 
 Lr this Act shall be open to the public, free of all " 
 r If -IT . .TO ,. Q 
 
 45 V. 0. 22, s. 9. 
 
 0-(l) At any time after the adoption of this Act in 
 
 municipality, any Mechanics' Institute or Library 
 
 iciatiou in the municipality may by agreement with the 
 
 U transfer to the corporation of the municipality, for 
 
 (purposes of this Act, all or any property, real or pei- 
 
 cf the Institute or Association ; but any transfer 
 
 kb, but for this section, the Institute or Association 
 
 lid not have authority to make, shall only be made 
 
 tie manner provided by l^he Act re^tpecting Mechanics 
 
 ^ukiand Art. Schools. 
 
 h case the transfer is to be made on terms involving 
 lisumptioii of any liability of the Institute or Associa- 
 
 84 
 
 Mechanics' 
 Inatitutes 
 may tranRter 
 property to 
 corimration 
 of muni- 
 cipality 
 for the 
 purposes of 
 this Act. 
 
 Rev. Stat. c. 
 178. 
 
 IIP 
 
 p. 
 I'-.' 
 
 pi"- 
 
 
 ■'I '-^f 
 ■t M./l'! 
 
 ■Mnt 
 
 1"™ 
 
 ■m 
 
666 
 
 THE MUNICIPAL MANUAL 
 
 b- 10(2) 
 
 Provi8ioD8 
 where 
 library, 
 etc.. of 
 Mechanics' 
 Institute 
 transferred 
 to board. 
 
 tion, or the paymt^nt of any money in consideration ( .l 
 
 transfer, the agreement shall not be binding unless 
 
 of and consented to by by-law of the mnnicipal co (['/'•'J'^^^ 
 
 H. In case of any Mechanics' Institute tmnsfenn • 
 library and reading-room, or either of them, to any bo /*J 
 management of a free library, under the next precedi 
 tion of this Act, if it is part of the agreement that the 12 
 shall thenceforward receive the appropriation ft- 
 Mechanics' Institute grant, which the Institute wou'lTti*"** 
 wise receive, the board shall, on the condition (if anvr^'* 
 tioned in the agreement, be entitled to the like aid fr "^'' 
 unappropriated moneys in the hands of the Treasurerof ! 
 Province in respect of such reading-room and libra' 
 either of them, as such Mechanics' Institute wonlj'i' 
 received. 46 V. c. 19, s. 2. wouui b 
 
 Act to be 12. Upon the coming into operation of this Aot ;.. 
 
 incorporated • • i-. -j. i. n •. . ^ ■^'^^ Hi 
 
 with' municipality, it shall, as regards such muiiicipalitv 
 
 and"AK.. ^^^"^^i <^« ^^ incorporated with the Municipal and Asse, 
 ment Acts, ment Acts trom time to time aft'ectinff such nmnu.i, i 
 45 V. c. 22, s. 11. 'uiiiupalii 
 
 Forms. 
 
 13. The forms in the scheoale hereto may be used fori 
 purposes of this Act, or any forms to the like effect, and 
 recitals contained in the said forms shall be' deen 
 Hev. Stat. c. sufficient, any provisions in The Ifunkipal Act to the 
 ^^*' trary notwithstanding. 45 V. c. 22, s. 12. 
 
 SCHEDULE. 
 FORM A. 
 
 PETITION. 
 
 To the Municipal Council of 
 
 We, the undersigned electors of the said city of [or « 
 
 case vmy be], respectfully pray that a free library maybe establi 
 in this municipality under The Free Librarm Act. 45 V t<\ 
 Sch. Form A, 
 
 FORM B. 
 
 BY-LAW FOR ESTABLISHING A FREE LIBKARV WI1H THE ASSENT OF) 
 
 ELECTORS. 
 
 A by-law to provide for the establishment of a free library 
 city of [ur at the case may be]. 
 
 '^i 
 
m 
 
 c] 
 
 Whereas 
 freelilH^ry 
 
 FREE LIBRARIES ACT. 
 
 electors have petitioned the council of the said city 
 
 as the case may be], praying for the establishment of a 
 
 under The Free Libraries Act ; 
 
 ^ \or as the case may oej mat, in case me asuenD oi tne 
 
 '^^ "^ ■ iven to tliis by-law, a free library be established in this 
 Rectors 19 g oppordance with the provisions of Tlie Free Libraries 
 
 ^ ■ h efore enacted by the said municipal council of the said 
 gj it tner ^^ ^^^ ^^^^ ^^^^ ^^-j ^jjj^^.^ ^^ ^g^g ^j^g assent of the 
 
 lis given to this b: "' 
 
 i Jity in accordance with the provisions 
 
 ''' 1 t further enacted that the votes of the electors be taken 
 '^ hv-lawon the day of ,18 , commencing at 
 
 '*■. Ik in the morning and continuing until live o'clock in the 
 ^eocloc ^^^ undermentioned places : [Here insert (]) the toard ; 
 "T""//!/!'/ siih-dirision ; (3) the place for holdiug the poll and the 
 ^ Inudf.mdureiurim 
 
 id. 
 
 |iiii»;o/ 
 That on 
 
 the deputy retimting officer.] 
 
 the day of next, at his office in the , 
 
 o'clock in the noon, the [mayor, reeve, or as the 
 
 be] shall appoint in writing, signed by him, two persons to 
 
 tnTto the final summing up of the votes by the clerk, and one 
 
 to attend at each polling place on behalf of the persons 
 
 Csted in and desirous of promoting the passing of this by-law, 
 
 , 1 1,» number on behalf of the persons interested in and desirous 
 
 llmgTe passage of this by-law. 
 
 Th t the clerk of the said municipal corporation shall attend at 
 (i! at the hour of o'clock in the noon, on the 
 
 J* , 13 ^ to sum up the number of votes given for or 
 
 ipinst the by-law. 
 
 Notice by Clerk. 
 
 liie above is a true copy of a proposed by-law which will be taken 
 
 consideration by the council of after one month from the 
 (lay of , 18 , being the date of the first publication 
 
 Lreol and t'ue polls for taking the votes of the electors will be 
 
 1 it the hour, day and places named in the said by-law. 
 "" 45 V. c. 22, Sched. Form B. 
 
 667 
 
 ml 
 
 r-^' p \i ' lib 
 
 FORM C. 
 
 llUW FOB THE ISSUK OF FKBE LIBRARY DEBENTURES WHERE THE 
 ASSENT OF THE ELECTORS IS NOT REQUIRED. 
 
 [ibylaw authorizing the issue of debentures for the purposes of a 
 « library. 
 
 ) a by-law of the municipal council of the city of 
 f ji tk me may be], was passed on the day of 
 
 ing a free library in this municipality under The Free 
 mriM Ad ; 
 liid whereas a sum of $ is required for the purposes of 
 
 ^ ingasite, erecting buildings, etc. [as the case may be], for the 
 dfree library, as appears by the special estimate for that purpose 
 ihedby the board of management to the council ; 
 
 |lid whereas it will require the sum of % annually for a period 
 
668 
 
 
 THE MUNICIPAL MANUAL. rp« ^ 
 
 of years, to pay the intereat of the said debt and fv. 
 
 $ annually during the said period for the formine Yf '""' '^^ 
 
 fund of per centum per annum for the oav * *'"^'"g 
 
 debt created by this By-law, making in all the sum ^j ""'*"' of the 
 annually as aforesaid ; 
 
 shall 
 
 And whereas it is necessary that such annual sum of 
 in each year during the said period of years be cha a """' 
 
 special rate mentioned in section 8 of the said Act. *"* '"• 
 
 Be it therefore enacted by the said Muniiipal Council nf ti, 
 city [or as the case may be] of • [or as tht cnw mav A^l n "'*'* 
 
 to the provisions of 7Vte Free LihrarkH Act, ; ^ ^' P"'^''anfr 
 
 That the Mayor [or an the case niay/>e]of thesaichnunicimllf 
 bonow on the credit of the said annual Library rateasafor' •{'"*^J 
 may issue Free Library debentures of the corporation tn fu!!*' ' ''"*l 
 in sums of not less than $100 each, and payable within "'""°"'>*l 
 from the date thereof, with interest at the rate of ^''*'*j 
 
 tum per annum, that is to say in [Imert the manner ofnaunj^^ *■? *! 
 ther in annual paymentu or othenmwl such debentures to be ii I 
 at and to have attached to them coupons W'thJ 
 
 years, the sum of 
 
 shall be raised; 
 
 retained annually for the payment of interest on said debentures Jl 
 , .. . for the purpose of forming a sinking fun',| 
 
 • n.nniim ft\f tha n«...v.^ i. _t ji 9 "' 
 
 payment of interest, 
 
 That during 
 stained annua 
 also the sum of 
 
 per centum per annum" for" the payment °of thrpnncrna'l 
 the said loan of »n yfars, making in all the „ 
 
 of to be raised and charged animally as aforesaid on the sn ■ i 
 
 Library rate unless the said debentures shall be sooner prid f or t 
 purpose of paying the said sum of , with interest thereo« 
 
 4r)V. c. 22, Sched. Fom( 
 
 purpose oi paying 
 as aforesaid. 
 
 I,,., 
 
 No. 
 
 FORM D. 
 
 KRBK LIBBARV DBBENTURK. 
 
 Province of Ontario. 
 [Name of Municipality.] 
 
 Under and by virtue of The Free Lihrarie.< Act, and of ByL 
 No. of the Corporation of passed under the powers in i 
 
 Act contained. 
 
 The Corporation of promise to pay the bearer or in 
 
 the sum of $ on the day of A. D. and the I 
 
 yearly coupons hereto attatjhed, as the same shall severally beo 
 due. 
 
 [L.S.] A. B. 
 
 Mayor [or as the case may 4|| 
 C. O. 
 
 Treasurer. 
 45 V. c. 22, Sched. Foral 
 
J(3)-] 
 
 PUBLIC PARKS ACT. 
 
 669 
 
 B. S. 0. cap. 190. 
 
 1 Act to provide for the establishment and 
 raaioteaance of Public Parks in Cities and 
 Towns 
 
 >, Sched. Fonn { 
 
 h the case may I 
 
 SHORT Title, s. !• 
 
 SusHMENT OF PARKS, 8. 2 
 
 'Edofmanaoement.b8. 4-11. 
 Mit"tionofBoard8.5. 
 Tenure of office, s. 8. 
 Eipensea, s. 7 (1). 
 gertriction as to contracts, s. 
 
 ftipSyment of clerks and ser- 
 vants, s. 8. 
 Books aud accounts, ss. 9, 10. 
 
 8y.UW3,8.11. 
 
 Acqairing 1*"^' ^^- 13" 16. 
 
 Yearly estimates, s. 17 (I, 2,) 
 
 Grants to municipality fob 
 park purposes, s. 12. 
 
 Special rate, s 17 (3). 
 
 Issue of debentures, b. 17 (4-10). 
 
 Prohibitions and , f^ultiks, 
 8. 18. 
 
 Preservation of order, b. 19. 
 
 Protection and powers of offi- 
 cers, 8. 20. 
 
 Limitation of actions, s. 21. 
 
 Act to be read with Municipal 
 and Assessment Acts, s. 22. 
 
 Forms, s. 23, yg 
 
 BER MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 
 I ttjcts as follows:— 
 
 1, This Act may be cited as " TJte Public Parks Act." 46 Short title. 
 
 |T.c,20,s. I. 
 
 2-(l) A park, or a system of parks, avenues, boulevards BsUbUsh- 
 Ld drives, or any of them, may be established in any city or ^»rt«.° 
 liovn ' and the same, as well as existing parks and avenues, 
 Lvlie controlled and managed in the manner hereinafter 
 
 i2) In case a petition is presented to the council of any 
 
 Ijtr signed by not less than 500 electors, or to the council of 
 
 nvtown signed by not less than 200 electors, pi-aying for 
 
 iki adoption of this Act, the council may pass a by-law, giv- 
 
 I effect to the petition, with the assenjb of the electors 
 
 M to vote at municipal elections, given before the final 
 
 Bg of the by-law as provided by the municipal law. 
 
 In case the majority of the votes polled on the by-law 
 (in favour thereof, the by-lav/ shall be finally passed by the 
 ucilatits next regular meeting held after the taking of 
 hnte, or as soon thereafter as may be. 
 
670 
 
 THE MUNICIPAL MANUAL. 
 
 I :1 
 
 Pwks to be 
 open to 
 pnblio. 
 
 Parks to 
 be under 
 control 
 of Board of 
 Park Man- 
 agement. 
 
 i 
 
 [s. 2 (4): 
 
 (4) In case the vote of the electora is adverse to the b ' 
 
 no new by-law for the same purpose shall afterwards be ^ ***? 
 
 by the council, or submitted to the electors -within ,, P*^''^^ 
 
 municipal year. 46 V. c. 20, s. 2. ' ^'''««"^» I 
 
 3. AH parks, boulevards, avenues, and drives ,i| 
 approaches thereto, or streets connecting the same ' ^' I 
 city or town where this Act is adopted, shall be ope'n to^ I 
 public free of all charge, subject to such by-laws, rules Jl 
 regulations as the board may make as to the use tlieiejf I 
 
 4— (1) In case of the adoption of this Act, the genen 
 management, regulation and control of all existin 
 and avenues, and of all properties both real and person 
 applicable to the maintenance of parks belonging to th 
 ci^,y or town, and of all parks, avenues, boulevards an 
 drives which may thereafter be acquired and establishe 
 under the provisions of this Act, shall be vested iu an 
 exercised by a board, to be called The Board of Pari 
 Management 
 
 (9) The authority of the board shall not extend to ani 
 streets open at the time of the adoption of the Act with 
 exce,>tion of streets which may be expressly specified in u 
 by-lav, adopting the Act- or which at any time, or from tin 
 to time afterwards, in pursuance of an agreement betwa 
 the council and the board, the council shall by by-law decla 
 to be subject to this Act. 
 
 (3) Nothing in this Act contained shall authorize 
 board to assume possession or control of any exhibition pi, 
 in or belonging to the city or town, without the consent 
 both the nuinicipal council and of any electoral dist 
 society, agricultural or exhibition association, having 
 interest therein. 46 V. c. 20, s. 4. 
 
 ConatituMon 5. The board shall be a body politic and corporate, i 
 shall be composed of the mayor of the city or town an^l 
 six other persons who shall be residents of the city or to 
 but not members of the council and shall be appoint 
 the council on the nomination of the mayor. 46 V. c.| 
 s. 5. 
 
 Tenure of 
 office. 
 
 6 — (1) The appointed members of the board shall 
 their office for three years, except in the case of the men 
 of the first l)oard, two of whom shall hold office until 
 
[s.2(4vH uii^)-] 
 
 PUBLIC PARKS ACT. 
 
 671 
 
 . f February in the year following the first appoint- 
 
 '' *\wofor one year, ani two for two years, from said 
 
 J V of February ; said members retiring in rotation, 
 
 year, the order of such retirement to be determined 
 
 ''"uaraong themselves at their first meeting; but every 
 ^^ "• of the board shall continue in oflBce after the time 
 
 J until his successor is appointed, and may be reap- 
 
 JJIStea by the council. 
 
 /•)\ In case of a vacancy by the death or resignation of a 
 her or from any cause other than the expiration of the 
 "^^fr which he was appointed, the member appointed in 
 rnlace shall hold office for the remainder of his term. 
 
 A] Subject to these provisions, each of the appointed 
 
 mbere shall hold office for three yeai's from the 1st duy 
 ""f Februarv in the yet ,r in which he is appointed. 
 
 (i) The irst appointment of members of the board shall 
 Jinade at the tirst regular meeting of the council held 
 ^rthe linal passing of the by-law. 
 
 (5) Thereafter the appointments shall be made annu 1II3 
 t the first meeting of the council held after its organ zn- 
 tion' and any vacancy arising from any cause other than 
 the expiration of the time for which the member was 
 ttpointed, shall be filled at the first meeting of the council 
 Wftfter'the occurrence of the vacancy. 
 
 (6) The members of the first board, within ten days after 
 tlieir appointment, and on such day and hour as the mayor 
 ilall appoint (notice of the appointment, in writing, signed 
 If the mayor, having been duly sent to the address of each 
 lieniber at least one week before the day and hour named 
 ilierein), shall meet at the office of the mayor for the pur- 
 »Be of Oiganization, shall elect one of their number chair- 
 iiin. and shall appoint a secretary, who may be either one 
 oi their own members, or any other person they may select. 
 
 (1) If for any reason appointments are not made at the 
 m dates, the same shall be made as soon as may be there- 
 
 in) The chairman and secretary shall hold their places at 
 lilie pleasure of the board, or for such period as the board 
 
 jitU prescribe. 
 
 (9) When the chairman or secretary is absent, or unable 
 I Kt, the board may appoint a chairman or secretary pro 
 
 Itofart. 
 
672 
 
 y 
 
 Payment of 
 expennes . f 
 Board. 
 
 Members uf 
 the Board 
 or of the 
 Council 
 not to be 
 interested in 
 any contract. 
 
 THE. MUNICIPAL MANUAL. 
 
 (10) The board shall meet at least once every month a\ 
 at such other times as they may think fit. "'l' 
 
 (11) The chairnmn or any two members may sumtnon 
 special meeting of the board, by giving at least two ]«/ 
 notice ir wnting, to each member, specifying the our 
 for which the meeting is called. ^ '** 
 
 (12) The office of any member of the board wlio . ■! , 
 ibsent ron; the meetings of the board for oliree mcmm 
 fu:>ni'r . -iti >ut leav of abst ice from the board, or withon 
 Vi'.ir ona wntisiactory to the board, shall be declared vacant 1 
 tbn ho ' ', , and notice thereof shall be given to the comicil 
 the itijxt I : ■ ting of the council. 
 
 (13) No bufeiness shall be transacted at any special 
 general meeting, unless four members are present. 
 
 (14) All orders and proceedings of the board shall 
 entered in books to be kept by them for that purpose ;ii 
 shall be signed by the chairman for the time beinw 
 
 (L5) The orders and proceedings so entered, and piinwp 
 ing to be so signed, shall be deemed to be original oidi 
 and proceedings, and the books may be produced and lei 
 upon any judicial proceedings as evidence of the orders an 
 proceedings. 46 V. c. 20, s. G. 
 
 7 — (1) The members of the board shall serve witho 
 compensation. Each member shall be entitled to receive] 
 actual disbursements foi' expenses in visiting or superinten 
 ing the park when the visit or service is made or rendi-r 
 by direction of the board. 
 
 (2) No member of the board, or alderman, or member 
 the city or town council, shall have any contract with 
 board, or be pecuniarily interested, directly or indirectly j 
 any contract or work relating to the park or park proper 
 40 V. c. 20, s. 7. 
 
 Board may 8. The board may employ all necessary clerks, agents, l 
 
 clerks^etc servants, and may prescribe their duties aud compensatij 
 
 ■ 46 V. c. 20, 8. 8. ^ 
 
 Bookn. ftc, g. — (1) The board shall keep in the office of the board! 
 the'offlce oi" books, maps, ])lans, papers and documents used in and 
 the Board, taining to the business of the board. 
 
 (2) All books kept by the board shall be open to 
 
PUBLIC PARKS ACT, 
 
 It9l2).]' 
 
 tion of the members Ojf the council, and of any other 
 «""' ' persons appointed for tho* purpose b the council. 
 
 r: 4.. 9- 
 
 .. "he board fhali keep distinct ai.d regul accounts of „„„^j„ 
 . «;nf« mvme^ts, '•"edits, and liabilities : and the h^ep regt 
 shall b audited by tne auditors c: the municipality 
 ""i mnner as other accounts of the municipality, and 
 iil ther«arte«' be laid ' efo- ^ the council by the board. 4G 
 lv.c.20,8.10. 
 .| ,n The board inay, from time to time, pass by-laws ,.owerto 
 
 A ,,ao tpffulation, protection and government of the">ni<eby- 
 • the use, i^o ' r J . . i' xi '■"^'° "*" 
 
 Dpi-ks approaches thereto, and streets connecting the 
 
 not inconsistent witli the i>rovisions of this Act or any 
 ii the Province. 
 ,, -nu j^ard shall, with respect to street railways, have 
 
 673 
 
 laws, etc. 
 
 ,ei-s conferred upon municipal councils by The Street iJev. sut. 
 rvi Acl SO far as relates to any streets or approaches 
 
 I Acl so far as relates to any streets or approaches- 
 ipr tlie control of the board ; but no street or other rail 
 lit sliall enter upon or pass through the pai-k or parks. 
 
 The board shall have power to license hacks and other 
 
 kfe tor use in the paik or parks ; and to let from year 
 
 i^ar or for any time not exceeding ten years, the right 
 
 I'sfll refreshments, other than spirituous, fermented, or 
 
 aicating liquors, within the park or parks, under such 
 
 latioDS as the board shall prescribe. 
 
 j The board shall have power to attach penalties for 
 I infraction of their by-laws ; and the same shall be 
 by summary proceedings before the Police Magis- 
 I of the city or town, or, in his absence, before any 
 of the Peace having jurisdiction therein or before 
 ^Jostice of the Peace having jurisdiction in the locality 
 khthe offence is committed, in the manner and to the 
 Btthat by-laws j)a8sed by municipal councils may be 
 
 i|The by-laws shall be sufficiently authenticated by being 
 
 1 by the chairman of the board ; and a copy of any by- 
 
 liritten or printed, and certified to he a true copy by 
 
 [ttinber of the board, shall be received as evidence in 
 
 jCcttrt of justice or elsewhe* 3 without proof of any such 
 
 , unless it is specially pleaded or alleged that the 
 
 ! to the original by-law has been forged. 46 V. c. 
 
 So 
 
 rV.'«^r' 
 
 
 
 
 

 
 m 
 
 G74 
 
 l'rop«rty 
 miy be 
 
 THE MUNICIPAL MA>fUAL. 
 
 [«. 
 
 12. Real and personal property rnay be devised crran.J 
 conveyed, bequeathed, or given to the city or town f 
 
 m«nidp«>ity purpose «f the i.nprovement or ornaiuentatiou of the na, 
 
 parks of the city or town, or of the approaches therfit 
 
 the streets connecting therewith ; or for the establish ^l 
 
 for 
 purpoiWi 
 
 p.rk parks of the city or town, or of the appi^oaches ther f'**' 
 P"**"*- the streets connecting therewith ; or for the establish 
 
 maintenance on park property of mnsoums zoolonl 
 other gardens, collections of natural history ' obs !j 
 monuments, or works of art ; upon Huch trusts andST 
 as may be prescribed by the donor. 46 V. o. 20 19 
 
 Power to 13.— (1) The board shall have power aud authorial 
 
 acquire land ^giect and acquire, by purchase or otherwise, or to le I 
 
 lands, riglits, and privileges needful for park puri^ser*^! 
 
 (2) The lands purchased by the board, together with k. 
 assumed by them as and for park purposes at the time oJ! 
 adoption of this Act, shall not together exceed in the ei 
 cities having a population of 100,000 inliabita'nts and 
 2,000 acres, and in other cities 1,000 acres, and in thei 
 of towns 500 acres ; but lands in excess of these quanl 
 may be taken by devise or gift. 46 V. c 20 a H I'^i 
 V. c. 31, 8. 1. ' ' ^"'^ 
 
 (3) The title of all lands purchased shall l)e taken 
 city or town. 
 
 (4) The board shall have power to let any landi] 
 immediately required for park purposes. 
 
 (5) If the board find that they have irore land th 
 required for park purposes, they may sell or otiierwise ( 
 of the said land not required, in s\ich manner, and upon 
 terms of cash or credit, or part cash and part credit, ai 
 may think most advantageous. 46 V. c. 20, s. 13 (3-3 
 
 Power to -^^ The board, their engineers, surveyors, servant 
 
 lands and workmen from time to time, and at such timesasthel 
 
 KmS|'*ctk slia^l »e® fi^' ™*y ®"*®'' ^"*o ^^^ upo" ^'^*' •'^"'Is ofany pfl 
 bodies politic or corporate, in the municipality, or, in til 
 
 of a city, within ten miles, and, iii case of a town, with 
 
 miles thereof and may survey, set out, and ascertain 
 
 parts thereof as are i-equiied for the purposes of tlie 
 
 including parks, boulevards, avenues, and drives ai 
 
 proaches thereto, and including also the supply of wai 
 
 artificial lakes, fountains, and other park purposesl 
 
 (with tho consent of all parties interested ca{)able 
 
 senting) may divert and appropriate any river, 
 
.It] 
 
 PUBLIC PARKS ACT. 
 
 676 
 
 5hall 1)6 taken tol 
 
 let any IuikU 
 
 ',ipring8 
 
 or 8ti*eam8 of water therein which the engineer, 
 
 r or other person authorized in this behalf by the 
 
 J hall MSI^ suitable and proper for the said purposes ; 
 
 "tj^j^I may contract with the owner or occupier of 
 
 alandS) and with those having a right or interest in 
 
 •'*!i ^^fgr^ for the purchase or renting thereof, or of any 
 
 Itlewof, 01' ot any privilege which may be required for 
 
 rnoses of the board. But the board shall not interfere 
 
 'uwater-work.s of any municipal corporation or of any 
 
 ^*' 46 V. 0.20,8.14. 
 
 Ik In case of any disagreement between the board and A'»''»~"®n- 
 r , gr occupier of, or any other person interested in, 
 l«nds or any person having an interest in the said 
 ' ^j i|j the natural flow thereof, or in any such privi- 
 * aforesaid, respecting the amount of purchase money 
 Urlv rental thereof, or as to the damages which the 
 LorUtiou thereof by the board will cause, or otherwise, 
 fitter in question shall be decided by arbitration in ac- 
 iiiM with the provisions of The Municipal Act, and as hot. sut. c. 
 «r provided. 46 V. c. 20. s. 15. ''*■ 
 
 |ij_(l) The sections of The Municipal Act relating to Arbitration 
 
 Lpomtment of arbitrators and procedure, and num- C'lj"* '" 
 
 JIRS to 404. both inclusive, and the sections numbered A"'' 
 loojwi"^ ... 1 i- J. .•a incorporated 
 
 to 480, both mclusive, relatmg to compensation for herewith. 
 
 j taken are incorporated with, and are to be taken and 
 Jjspartof this Act, and shall apply to the board as if 
 Ltwrd were s()ecially named therein instead of the muni- 
 
 icouncil. 46 V. c. 20, s. 16. 
 
 I Section 403 of The Mtmicipal Act, shhW apply to an J'|_j'-g^^*g- «^ 
 1 made under the preceding sub-section, where such 
 lis not binding on the board of park management until 
 ^D. 4T V. c. 32, s. 10 (3). 
 
 r,-(l) The board shall in the month of March in every ^^^J^ '^^ 
 Wke up, or cause to be made up, an estimate of the estimates. 
 (required during the ensuing financial year, for : 
 
 ^ij The interest of any money borrowed as herein men- 
 
 tioned ; 
 
 flj The amount of the sinking fund ; and 
 
 Itj The expense of maintaining, improving, and managing 
 the parks, boulevards, avenues, and streets under 
 their control. 
 
()70 
 
 (*(i«t'lnl rate 
 for iiiii'k 
 I>iir|)<p«i'p. 
 
 TUE MUNICIPAL MANUAL. 
 
 [Mil 
 
 (2) The boiinl hIihII report their estimnte to th 
 not later than the Int day of April iu each ye^r " 
 
 Willi 
 
 (3) The council hIuvII, in addition to ujl f,fi,„„ 
 sesMmonts tor niunicipul purnoneH, lew ami ua 
 year a Hpecial aniiLinl rate Humcient to tunuHh tl . 
 
 eatiniuted by tlu) board to be required for tin. y . i 
 •exceeding one-hjilf will in the dollar xxytou the iCtl!) 
 of all ratable real and personal property mch 
 called "The Park Fund Kate." The lui " /'*'* 
 
 KeT. 
 184. 
 
 t'Ut. (' 
 
 Powar to 
 
 1MU« 
 
 W 
 
 deemed to be iuchided in the limit of two cents oi ,i . 
 authorized by 77«} MnnicijMl Act in that belmlf • ,i 
 school rates. "*" 
 
 (4) The council may also, subject m hereinafter pr . 
 debentures, on the requisition of the board, raise hyusnccii 
 
 debentures of the municipality, to bo teniiod "P t 
 Debentures," the sums required for the purtiose f| 
 chasing the lands and privih.'ges njportod ncwfiKiirv f" I 
 ))urposes. " 
 
 (5) It shall not be necessary to submit to the elei 
 by-law authorizing the issue of debentures inuasethea 
 sum required to meet the annual iiit(!iest and sinkinjl 
 does not, with a reasonable allowance for annual exi 
 of managing, improving and maintaining the parfc 
 ijther works under the control of tht^ hoard nm 
 limit of half a mill in the dollar, any proviHiom 
 A[unicipal and Assessment Acts, or any i)eciiil or 
 Acts relating to the city or town, to the conti-aiy no| 
 standing. 
 
 (G) The debentures may ru)i for such period'as the ( 
 thinks lit, not to exceed forty years from the date tl 
 ;ind shall be in such sums as the council sees tit an 
 interest not to exceed six per centum per annum, 
 iialf-yearly, and shall not be sold below par. Then 
 issued, and a record kept of the same, as is provide! 
 respect to other city or town debentures, 
 
 (7) Debentures issued by virtue of this Act, shall | 
 lien and charge upon all lands which are bv tl 
 <'lared to be subject to the control and luiinageuientl 
 board. 
 
 (8) In case of a sale, the board may sell free fronij 
 lien, but the purchase money shall be applied toi 
 
ijtlHliM 
 
 PUBLIC PAKK8 ACT. 677 
 
 rk deben* "•■«"' or *" *^'^ purrliase of other landK 
 
 n 12 tlui cuneiioy of tlio di'hontiiroH tlio council 
 ^) •a'lJJid and retjiin, uh a Jirnt i:liiuj,'o on tho luinuivl 
 '*' ,„onnt iwjuirocl to meet the annual intoroHt of tho 
 l! tmPH fti»l tl'" 'H>"""^ Hinking fund to »)«• |)roviflcd for 
 I ent tlit'H'ofn.s tho tlehcnturcs Itrconie clue; such 
 u 1 nd to l)t' invt'Mted and dealt with, as in the case of 
 i"mnni'-il«'l dolK'utuim 
 
 L ^]i moneys realized or payaMo under this Act shall 
 
 •'■A l)V tlie treasurer of the uiuniei|nility in the siinio 
 
 ^"•1 other funds, and hy him doixwited to the credit of 
 
 rk fund, mid shall ho paid out hy hitn on the orders of 
 
 L 1 save lis to the amount recpiin-d to meet the inter- 
 
 2'n,ovide 11 »inkin« fund for delxMttures- IG V. c. 2(», 
 
 If >inv nerson does or conunits iinv of the following Prohibitiom 
 
 '' "". I ■ * ' and pi-nal- 
 
 ti«N. 
 
 Iwilfullv or iimliciously hinders, or interrui)ts, or causes, 
 icurps to be hindered or interrupted, the said Imai-d, or 
 
 L"ineers, surveyors, managers, contractors, servants, 
 workmen, or any of them in the exerci ^o of any of the 
 ftiul iuithorities in this Act authorized and containetl : 
 
 riltiiily or maliciously lets ofl" oi* discharges i-ny water 
 the same runs waste or useless from, or out of any 
 oir, wnd, or lake connected with any such park ; 
 
 Causes any dog or other animal to swim in the water 
 bs. or deposits any injurious nuisance, or otlensivf 
 Unto the water in any reservoir, lake, pond, or other 
 cle for water connected with any such park, ov upon 
 |in case such water is fro/en, or in any way fouls tlu^ 
 lorcoranuts any unlawful danuige or injury to the 
 ||nms, or water, or encourages the same to he done ; 
 
 *V!i or causes to be laid ny pipe or main to communi- 
 Itii liny pipe or main belonging to the water works con- 
 jvitli any such park or park><, or in any way obtains or 
 Iv water thereof, without the consent of the board ; 
 
 or cleanses any cloth, wool, leather, skin or ani- 
 lusesany dog or other animal to swim therein, or places 
 nee or offensive thing within the distance of one 
 
l- '■ 
 
 678 
 
 THE MUNICIPAL MANUAL. r i I 
 
 mile in case of a town, or witliin tlie distance of thr 
 in the case of a city, from the source of supply for s'^^u ^^^ 
 works, in any river, pond, creek, spring, source or t **** 
 from which the water for the supply of any such'*"" l" 
 parks is taken, or conveys, casts, thi-ows, or puts » ^'*'mi 
 dead carcase, or other noisome or offensive thine tl*^^ • 
 within the distance as above set forth, or causes n '^'^'"' 
 surt'ers the water of any sink, sewer, or drain ' '"''''' 
 
 to 
 
 conveyed into the same, or causes any other thiiig'tl'^i ''^ 
 whereby the water therein may be in any way taiut 1 
 
 
 6. Wilfully or maliciously injures, hurts, deface. ,«„„ 
 destroys any oinamental or shade tree or shrub or otl 1 
 or any statue, fountain, vase, or fixture of ornament onifji 
 in any street, avenue, drive, park, or other public place 
 the control of any such board, or wilfs-.^Iy, negligontlv ! 
 lessly suffers or permits any horse or other animal dri'veni 
 or for him, or any animal belonging to him orinhisciis 
 possession or control, and lawfully <m the street or othf 
 lie place, to break down, destroy, or injure any tree stani 
 for use or ornament, in any such public park or place' 
 
 7. Wilfully or maliciously injures, hurts, or othe 
 molests or disturbs any animals, birds, or lish kept ii 
 such park* or in the lakes or ponds therewith connectod 
 
 And if such person is convicted of any such act Ui 
 Justice cf the Peace, having jurisdiction in the loculitv 
 which the otl'ence is committed, he shall for every siicji c 
 forfeit and pay a sum not exceeding $20, nor less than] 
 together with the costs and charges attending the procee 
 and codviction ; or such offender may be imprisoned wil 
 withoiit hard labour, in the first instance! for any tennl 
 exceeding thirty days ; and the person or persons so 0! 
 ing, shall be liable to an action at the suit of the boan 
 nnike good any damage done by him, her or them 
 c. 20,8. 18. ' 
 
 Commisiiion- 19. ft .shall be the duty of the board of commission 
 
 era of police y a ,i •. j i l^ - , , 
 
 to d«taii police ot the city and town, upon the recpiest of tbel 
 *»•"«"*<» V^^'^ management, to detail for service in any of the 
 iatiiep»rk. grounds under the care of the park board, .so many 
 police force as tho board of police commissioners rnayl 
 necessary to maintain order and protect property tberei 
 any policeman on duty in t'>e grounds may remove the 
 
 
PUBLIC PARKS ACT. 
 
 679 
 
 ,u.] 
 
 guilty of a violation of any of the provisions of 
 'yff'!°„Afftnv of the rules and regulations established 
 ''*:;i 4/v.c20,».19, 
 
 A <r\ip hoard of park management and the officers thereof Protection 
 ?i«ve the like protection in the exercise of their offices S'f'^^STrr 
 i h execution of their duties, as Justices of the Peace 
 ler the laws of this Province; and the watchmen 
 tr Tr officers of the board, when in the discharge of their ' 
 I • iirtll be ex officio possessed of all the powers and 
 £tts of constables. 46 V. c. 20, s. 20. 
 
 1 51 Any action against any person for anything done in J^'^',*»^'„7 
 •mince of this Act, shall be brought withm six months 
 after the act committed ; or in case there shall be a con- 
 
 Ltion of damages, then within one year after the original 
 
 U of action tirst arose. 46 V. c. 20, s. 21. 
 
 I22. Upon the coming into operation of this Act in any f^^^^^,^^ 
 Bcipality, it shall, as regards such municipality, be deemed with muni- 
 Ike incorporated with the Municipal and Assessments A cts ;i'P»'j;;^^„^ 
 Vhetime being aU'ecting such municipality. 46 V. c. 20, Acts. 
 
 The forms in the schedule hereto may be used for the Forms. 
 les of this Act, or any forms to the like effect, and the 
 
 rprov 
 
 ! contained in the said forms shall be deemed sufficient, 
 lisions of The Municipal Act to the contrary notwith- ««▼• Stat, c 
 
 ■I 
 
 46 V. c. 20. s. 23. 
 
 184. 
 
 
 
 Ird of commission 
 rwiuestof thelK 
 
 SCHEDULE. 
 FORM A. 
 
 PETITION. 
 
 ithe Municipal Council of 
 
 !, the undersigned electors of the said city of 
 
 ihmc may In) respectfully pray that The Public Parks Act 
 
 lie adopted in tluB municipality 
 
 46 V. c. 20, Sched. Form A. 
 
 FORM B. 
 
 BYLAW KtR ESTABLISHINO A PAKK. 
 
 lyljw to provide for the adoption of The Public Parks Act ia 
 
 ' fwtowD of as the case may be) 
 
680 
 
 THE MUNICIPAL MANUAL. 
 
 [Form B. 
 
 Whereas 
 city of 
 
 electors have petitiono.l the Council f n. i 
 (or as the raxr vmy fte) prayinir for the o^l?' ^ **•* 
 Public Park^ Act, in the municipality. ^ ^^"P*""' "f r**] 
 
 Be it tlierefore enacted by the muuicipal couucil „f *i • 
 
 ior astfucus. may te), that the Lid Pul,? Pa b2l!l 
 adopted in this (city or town). ""^^ Act bil 
 
 And be it further enacted that the votes of thp nlr-.f l 
 on this by -hiw on the day of is " ^ .*"'' 
 
 nine o'clock in the morning, and continuing until fiVe'ST-"^ 
 afternoon at the undermentioned places. (Ihrc insn-t iriit^ 
 (2) the PoUimj Suhdmsiom, (.?) thr Pin,-, fur holdivntLlj'/ ,' 
 nnim o/t/if. Dqnity liefurniuu Officer.) " '"^'' "'"' 
 
 That on the day of next, at his office in the 
 
 o clock in the noon the mayor shall appoint in wri 
 
 signed l»y luni two persons to attend to the final sumnunii un , 
 votes by the Clerk, and one person to attend at each Dollimr ,il 
 behalf of the persons interested in an.l desirous of promoti 
 passing of this by-law, and a like number on behalf of the dt 
 interested in and desirous of opposing the passing of this by-k 
 
 That tlie clerk of the said municipal corporation shall attenil 
 the at the hour of o'clock m tlie noon on the 
 
 day of 13 . to sum up the number of votes aiveu fn, 
 
 against the by-law. * '"' 
 
 Notice, hy thi: 
 
 The above is a true copy of a proposed by-law which will be tji 
 into consideration by the council of after one mouth frnm 
 
 day of IS , being the date of the first puhlica 
 
 thereof, and the polls for taking the votes of the electors will lie | 
 at the hour, day and places named hi the said Ivy-hiv.-. 
 
 46 V. c. 20, SchA. Form 
 
 FORM C. 
 
 |i 
 
 BYLAW FOR TIIK ISSUE OF PARK Fl'.ND I)El!RVTaRE8. 
 
 A by-law authorizing the issue of Debentures for the purpoail 
 park, (or parks, He., as the, case may he). 
 
 Whereas a by-law of the municipal council of the city of f* 
 (or ns the case, may he.) was pas.sed oa the day of 
 
 adopting in this municipality. The. P^Mie Parks Ad , 
 
 And whereas a sum of $ is required for the piiif 
 
 acquiring lands and improving the same (or ax the cn.xe. vmyi 
 the said park, (or as the case may he) as appears by the specif 
 mate for that purpose furnished by the Board of Park Man* 
 to the Council ; 
 
 And whereas it will require the sum of $ annuallj 
 
 period of years to pay the interest of the said debt 
 
 sum of $ annually during said period for the forming ofl 
 
 ing fund of per cevitum per annum, for the paymen|^ 
 
 deot created by tnis by-law, making iu all the sum of ' 
 annually as aforesaid ; 
 
shall 
 rate 
 
 n 1 PUBLIC PARKS ACT. 
 
 Fobm V.\ 
 
 . -,i,„rea8 it is necessary that such annual sum of $ 
 L ar tluriii" the said period be charged on the special 
 '° neSthe ° section of the said Act ; 
 """ 't therefore enacted by the municipal council of the said city of 
 ^1 -as the cane may be) pursuant to the provisions of The 
 pMe parks Act : 
 
 n ttiie mayor of the said municipality may borrow on the credit 
 
 1, (l Aniuuil Park Fund Kate as aforesaid, and may issue Park 
 
 "' 1 n'ientiircs of tlic Corporation to that amount, in sums not 
 
 th 8I0(> each, ami payable within years from the date 
 
 l*^ f witli in^i-'rost at the rate of per centum per annum 
 
 r V sav i" ("'•"■'''■' ''^'^ iiKtiiner of pai/maif, whether in annual 
 
 Y^\licrotltfi-irl'<') sucli del)enti)n'.s to bo payable at and to 
 
 toattaclicil to tiiein ooui)i>iis for the payment of iatorost. 
 
 _ Iniiii'' years the sum of shall be raiserl and 
 
 i',„,..Millv for tlic navineiit of intorest on said debentures, 
 
 I lilsotlie sum ol f'»" t"*^ purpose of forming a sinking fund 
 
 h ucr contum per annum, for tlic payment of the principal of 
 
 llsaiil loau of i" yeais, making in all tiio sum of 
 
 I be raised and charged annually aa aforesaid, on the Special Park 
 
 If I Rate unless the said Dcbcntiires sliall bo sooner paid, for the 
 
 I .„ ,.t 'iiviiv tlic said sum of with interest thereon as 
 
 ''^'^' 46 V. c. 20, ScheU. Form C. 
 
 681 
 
 
 FOHM D. 
 
 KOHM OK DEhBNTURK. 
 
 IPitkFuiiu Debentures 8 (or ,C stg.) $ {or £ atg.) 
 
 iGtvo? ('"■ ""' '/"' ''"•'"' '""// ^'^) Province of Ontario. 
 IPnikl'iiiid Dt'henturo No. Transferable. 
 
 'ml Slahttes of Outtirio, /SS'7, Chapter im. 
 S (or C stg. ) 
 
 Can.'VDa : 
 
 ■jiler and hy virtue of the Public Parks Act, and of a by-law 
 of the corporation of the of passed 
 
 jilieiKnvers in s^aid Act contained, 
 
 (wrpiiKitioii (if the promise to pay to the 
 
 ilhe sum of wliich said sum tlie city of {or as the 
 
 Imj i)') promise to pay at (iii-nrf. where payable') on the day 
 
 b , witii interest at the rate of per cent., said 
 
 jittolx' ])ayal)lc (half-yearly, or an the atsr viaif be) to too bearer 
 Kianexod coupons or interest warrants respectively, upon the 
 Btttion thereof at the said 
 httiu' of ■ this day of 
 
 188 . 
 
 Mayor. 
 
 46 V. c. 20, Sched., FormD. 
 
682 
 
 THE MUNICIPAL MANUAL. 
 
 R- S. 0. cap. 191. 
 An Act to authorize Cities, Towns and 
 
 [«.: 
 
 to provide Gas and other meansol \\ShF^ 
 and Heating. ^ f' ' 
 
 ng 
 
 I.'.VI 
 
 Short title, s. 1. ; Removal ok FrmN<« « n ,. 
 
 (.Construction of works, s. 2. I Power to carky w,mL '*'• 
 
 POWKRS AS to lands, 88. 3-5. | joiNIN<; MUNIoinUTT^I 
 
 Public hkalth and safety not j Restrictioss as "„ ' ' 
 
 TO HE endangered, s. 6. 
 Duty to supplvt buildings, s. 7. 
 By-laws as to maintenance and 
 
 management, s. 8. 
 Enfokcing payment of rates, s. 
 
 9 (1, 2). 
 
 '"NS AS To 
 MAINS, S. 11. 
 
 Provisions ok other Acts in 
 
 i'ouatkd, ss. 12 13 
 Rights pri;served,'s "14 
 
 HER MAJESTY, by and with the advice and con 
 _ of the Legislative Asseinhly of the Provincel 
 Ontario, enacts as follows : — 
 
 Short titlu. 
 
 Heat 
 
 1. This Act may be known as " The Muuiciml Liihii 
 ^at Act:' 46 V. c. 21, s. 1. ■ ^" 
 
 8U| 
 
 CorporatioDB 2.— (1) The corporation of every city, town, or i 
 et/' ma porated village shall have power to inamif!;ctuie and ?, 
 construct tins for the use of the corporation and of all [KTsons if; 
 works, utc. }iR;^t,ing, cooking, and all other pur[)oses for which .'t 
 be used, and to manufacture and supply electric, lr()«al' 
 or any other artificial light or l.f-.it, either in oonn( 
 with gas or otherwise ; and for those purjwses shall 
 power to construct, purchase, improve, extend, hold 
 tain, nianai^'e and conduct any works which they mayl 
 re(iuisite ; and shall have power to acquire any patfl 
 other riglts, for the manufacture or production ' 
 artificial light or heat, and also to supftly, sell or led 
 fittings, machines, apparatus, meters, or other things j 
 purposes aforesaiil. 
 
 (2) The corporation may sell and dispose of coke, 
 every otiier product, refuse, or residi nni obtained in ( 
 their said works, and any surplus coal they may have ( 
 
 May sell 
 
 COfet', I'tf. 
 
 (a) As to the power to acquire water rights for the pij 
 obtaining power to run or drive machinery for siipplyiiij 
 light, see 51 V. c. 28, «-,. 38. 
 
 (^) 
 
 Ugeom 
 
 seizfii k 
 Ujwn or 
 or hetttii 
 n, s. 2. 
 
 3 The 
 
 J may, for t 
 Ur keeping 
 \ihe^ns, eh 
 II]), (, 
 [die/ii^'liwa 
 ifissAgea an 
 Isfiit of the 
 mnte prop 
 pell wires 
 iqiiiiie.';. ami 
 m^nt of tJ 
 . s. l 
 
 i-il) \Y\ 
 P(Merent 
 raic ill pcssJ 
 foratjc/i may 
 Imw'iiii,' so hiti 
 f'l'iftors, or I 
 iiev the fraJ 
 S, to thel 
 wilier. 
 
 Such 
 
 )"| 
 
 at'iied to th 
 Biiiwl to ca 
 
 \Hl) The 
 Kii^fs eoiuiDoJ 
 fofcuttrenol 
 sof wires, or] 
 ij''-'' little (ij 
 F«fs hereby C(| 
 pi conditio/ 
 
 I', ',! 
 
 iMkjtM^. 
 
 •-ii^.:t 
 
MUNICIPAL LIGHT AND HKAT ACT. 
 
 r.83 
 
 ,,5(1)-] 
 
 „. The corporation shall have j)Ower to rent or purchase May rent or 
 h lands and buildings as they deem iiecesHary or advan- fa^nS*" 
 'Jgeous for the purposes aforesaid. 
 •\ VnnioDertv of the corporation shall be liable to be P'"P«'ty »' 
 
 (4) iVO pi"F'^' J ' 1-11. corporation 
 
 I for rent due to the landlord ot any lands or buiklnigs exempt from 
 *'^*^ orin which gas, electricity or other means of li«^htiiig^''*""- 
 "'Teutiiiff, niay he supplied by the cor]ioration. 40 V. c 
 21,^2. 
 o TiiA poiDoration, or their servants under their authority, Corporation 
 
 A liic^'"'! I! 1 • 1 i 1 • ■ • may break 
 
 iv tortile purpose ot laynig down, taking up, examining, up Btreete, 
 ""■'i^'jng in repair tlie jiipes or wires used for conducting «"• 
 'IJ, electricity, or other means uf lighting or heating, 
 , L L ili.f, and trench in, upon, through, over and under 
 r highways, streets, lanes, roads, squares, and other jiublic 
 ..^^(fes and l)laces in the municipality, oi-, with the con- 
 of the owner, in, upon, through, over and undei-, any 
 Cateiiropprty ; or nniy, upon j)oles, or otherwise, conduct 
 I cli wires or rods along and across such streets, lanes, roads, 
 
 Miwies, ami other public passages and places, or, with the 
 Anient' of the owner, upon private property. 4(; \^ c. 
 
 ,s.3. ■_ ' 
 
 4_-(l) Where there are l)uildiiigs within the municipality coiporation 
 
 ilifferent parts whereof belong to ditlerent proprietors, |;|*yg'=»;j2^ 
 
 ,ui.Mii Dossessiou of ditlerent tenants or lessees, the cor- wires 
 '" r , . , through 
 
 iraticu may carry pipes, wiies or rods, to any part of any parts of 
 
 ililiii^' so situate, jmssiiig over the property of one or niore |'^|^'^<J|^^^ 
 
 rietors, or in the poshession of one or more tenants, to other parts. 
 
 ivevthe pas, electricity, or other means of ligliting or 
 
 itiii;;, to the property of another, or in the possession of 
 
 ither. 
 
 2) Such pi|)cs, wires, or rods shall be carried up, ami 
 
 1 to the outside of the building, unless consent is 
 
 jiieJ to cany the same in the inside. 46 V, c. 21, 
 
 -(1) The corporation may also break up and uplift all May also 
 iages coiuinou to neighbouring proprietors or tenants, and p^'ngM 
 |orcut trenches therein, for the purpose of laying down "?™'no" t° 
 sor wires, or taking up or repairing or examiningthc same, projirietors. 
 »a8 little Uai!iage as may be in the execution of tlie 
 bets hereby conferred, and restoring such passages to their 
 ■inal condition without unnecessary delay. 
 
 ■i 111 bttPI 
 
 
6M 
 
 h 
 
 
 ruliliciafuty 
 uol to lie 
 onilBiigercd. 
 
 MtinicipBl 
 corporation 
 coii8trii< tiii^ 
 Works t(i 
 supply 
 liuildin^'H oil 
 line < t' 
 supply, (III 
 ri-({uest. 
 
 r.)w.'!r to 
 niako by- 
 liiwa fur 
 "••lintoiai.c 
 aiifi maii- 
 Hircnit'iit (if 
 wjrixs. 
 
 niidi 
 
 I' iwt r to 
 riitorci- 
 piiyir.i.'iil I I 
 
 l.,t.'-S. 
 
 hl'troHS aii'l 
 K«'T. Stut. >• 
 
 THK MUNICIPAL MANUAL. L . ,„ 
 
 l"- 5 (2). 
 
 (2) The cori)oration shall make satisfaction to ,vnv 
 or tenant for all damages sustaiiipfl l)y him ij, tj„, .'./"**'"'' 
 of the said powers eoiiferrod bv this section. 10 V n !,?"''"'" 
 
 6. The cori)orHtion shall construct and locate tl -■• 
 
 and otluT works, and all apparatus and ajipuittMuuicorti ^" 
 
 unto belonging or appeiiaining, or therewith comioctod "'^ 
 
 wheresoever situated, .so as not to endaii-'or tho iml.l;^ i ' ?, 
 
 ors.fetv. 46 V. e. 21, s. G. " ^"l"">l'cheuhh 
 
 7. Where the corporation has constnictpd any work.q f 1 
 .supplying (he nmnicipMlity witli gas, and whein tli(.n.\ '.i 
 sullici(Mit supply (hereof, it shall bo tho dut\ of tlic • '^ * 
 tion to supi)ly witli g;is ;ill buildings ^vithin^h,- „,u,,i,!|!2''''' 
 sitU'ite ujion huul lying along t!ie liiuj of any siinplv ji .. j 
 the corporation, upon the sumo being r('(|nesu'd hv tiii-oly , j 
 oecui)!int or other [>ersoii in charge of any .such huildin,, " 
 V. e. 20, s, 1. 
 
 8. The corporation may, from time to tinu-, uimIcc 
 cnforco all nfocssaiy l)y-lii\vs, rnles, and irgnlalidns lor .j 
 
 'v^eneial maiiiteji^mfe and nitnuigenuMit of all works cdnstriMa 
 )r' mniiitaineil under tiiii.s Act, and of the ofliceis iiud ♦' . 
 (Mnployed in connection with them, and for thuoDJioction 
 the rat<'s oi- charg.'s for supplying gas or elpotricity or (,tL 
 nu^'ins of lighting or heating hercnndcr, and tor U'le rent 
 litting.s machines, appiratns, meters, or other tilings Ic;; 
 to consnnn'is, and for fixing snoh rates, charges, and U'lil 
 and the Mnuss and places when and wheii; the .-^aino slia!) 
 [)ayaid<^ ; ami the corporation may allow for prcijaviiicnt i 
 punctnal payment such discount as th. y deeiii expniien 
 4() V. c. 21.' s. 7. ^ ' 
 
 9. — (I) The corporation may enforce piyineut of jij 
 rates, cliaige.-*, oi' rents by a-jtion inanv Court of conipeta 
 Jurisdiction, or by ilistress and sale of the good.Miiid clmtt 
 of th^ person v^^ Ing such rates, charges, or nuts, wii^rej 
 the s;'-ne may be fnund in the inuni(;ij>ality in wliitu tLej 
 (dectrieily, or other means of lighting or heating i.ssiiii 
 
 (2) Snidi distress ami sah; shall be comUictcd in tlic 
 inaniUM" as sales are conducted for arrears of tuxes, ami 
 costs chargeal)le shall be those payable to hailitl's under 1 
 Division Courtu Act. 
 
 Kcmovai of ^;i) Where any consumer discontinues the use of the] 
 promfHHs'of " <>»' other means of lighting or heating furnislied bv tlie^ 
 
 €oiisumer8. 
 
1 13.] 
 oration, 
 
 MUNICIPAL LIGHT AND HEAT AOT. 
 
 085 
 
 or the corporation lawfully refuses to continue any 
 
 :,nger to am 
 
 r"* '7 supply the same, the officers and servants of th«i 
 
 ■"''^'^ ton in»vy> '^^ "''^ reasonable times, enter the premises 
 
 ^■,)r|Kira ^^^^.\^ such consumer was supplied with gas, or 
 
 •"^ ns of ii'ditiiig or heating, for the purpose of remo\ - 
 
 leletVouiHiiy Httiiigs, nmchines, apparatus, meters, pipes, 
 
 r. thiiK's being the |)ropcrty of the corporation, in oi- 
 
 lovhernieiins 
 I iiig , J 
 
 *"^ '^ li ui-einiscs, and may remove the same therefrom, 
 
 ;i Jtn.nnecessary damage. 46 V. c. 21 , s. 8. 
 
 in V corponition [jossessing, or intending to construct. Power to 
 rks umler this Act may, under a by-law of an adjoining ;=*7 **""'"' 
 1*^ ;'i,,ilitv. whether a city, town, village, or township, adjoining 
 
 ise the like powers witlnn the adjoining municipality tiw. 
 *T av uiuler this Act within its own municipality, upon 
 '**! terms !i8 iiiivy be agreed upon; and tiie corporation of 
 
 Le'idioiiiii'ig imH"ii:il«lity '"'^X f^ither require to be paid a 
 Tjjj,; J,, ostTor annually for such privilege, or ntay pay a 
 
 Liu in 
 
 gross or aiiruially therefor. 46 V. r. 21, s. 9. 
 
 11 In case a fas; com|)any or any unincorporated firm, or '' 
 uliivslaid (fovvn main pii)es for the supply of gas in,, 
 
 " .J "ir 
 fthvoijiiiiny of the .streets, s(iuare.s or public places of a i;^^^'-;"^^ ""^a 
 imuniiriitv, the pwporatiou shall net, without the consent mainB of mi 
 i^lieoiiif'aiiy, firm or pi'rson first liad and obtained, nor ;;«|^;|°^y 
 jierwise thai) upon payment to such company of such com- 
 ajiitiuu as iiuiy be agr.ied upon, lay down any main pipe 
 tiie suuiily of g'^ within six feet of such companies' main 
 '^ or il' it be impracticable to cut drains for sucli othei' 
 tiiiiiifis rtt a greater distance, then as nearly six feet as the 
 uuisiiDces of the case will admit. This section is subject 
 ;\i,v iuitccode'it agreement between the conijiany and 
 inniqial corpovaiion. 46 V. c. 21, s. 12. 
 
 12. The sections numl.ered from 83 to 93, both inclusive, {^r^'^^'^^'g.^ 
 r/ic ;lf< respectinrf Joint Stuck CompauicH for supplyiiiy incorporated 
 &., '/'o(t;?w, and Villnyes with Gas and Water, are hereby ''"'■'"''***■ 
 irporiited with this Act aw if tfie same were repeated 
 in, with the substitution of "corporation " for "company'' 
 irever "company" occurs in the said sections. 46 V. e. 
 1.10. 
 
 |l3, The sectious numbered from 38 to 45, both '"'"lu^ive, ];;;)^^*«-^;. 
 
 \'!kMnnicip(d Water-works Act, are also hereby incor- ijirortiorau-a 
 1 with this Act as if the same were repeated Lt-rein, '""*""*'• 
 the substitution of " gas or other "' for " water '" >* bore 
 
 'H,ii 
 
 ml 
 
686 
 
 THE ICUNIOIPAL MANUAL. 
 
 [«• 13. 
 
 Right! 
 conferred by 
 
 '* water " occui-s in the said sections, except in the f 
 
 line of section 43 where "gas or other light or heat*'"'i^"'''l 
 
 substituted for the said word "water." 46 V oi H 
 
 "niiiisli 
 
 \ *1H 
 
 '5-! 
 
 14. Nothing in this Act shall be constninfl f^ 
 
 conierrea oy . i • i . r ■, ""otiumi to ( 
 
 ipeciai Aou t"e figlits of atijT cowpauy under any special Act or r 
 preierved. unincorporated owners or owner of exi.stiiiif om,' i "" 
 the supply of gas to any municipality. 46 V. c O] f ^' 
 
 R. 8. 0. cap. 192. 
 
 A a Act to provide for the construction of 
 Municipal Waterworks. 
 
 .Short title. 
 
 SiJORT TITLE, a. 1. 
 
 (Construction ok works, s. 2. 
 Powers as to lanoh, ss. 312. 
 ("compkn.sation for damatjes, s. 13. 
 pkopkrty ve.stki> in corpoka- 
 
 TION, .S. 14. 
 
 .Mains and servi ;k pipes, s.s. 
 
 15 17. 
 inspkction ok pkemiskh, s. 18. 
 Regulation ok usk ok water and 
 
 of rates, s. 19. 
 By-laws kor maintenance and 
 
 MANAtJKMKNT, .S. 20. 
 
 ('ollection of rates, s.s. 21, 22 
 
 i'rote<n"i()n and poweiw op of- 
 FICERS, H. 23. 
 
 Limitation of actions, s. 24. 
 
 non-liaiiility for ureakaoeol: 
 stopi'aok, s. 25. 
 
 r:c?miti(tn from exe(!ution and 
 taxation, s.s. 26, 27. 
 
 supplyino water outside of 
 municipality s. 28. 
 
 Sale ok property, s. 29. 
 
 Re3TRH''"jn as to contracts, 
 s. 30. 
 
 fjABILITY OF PERSONS DAMAOINQ 
 WORKS, 8. 31. 
 
 WORK 
 
 HK 
 
 MONKYROKKOWKDTOBEACIU 
 
 ON wouKs, s. ;w 
 Applujation of rkvenue s '. 
 
 1 URCHASK OK KXISTI.NO WOR 
 
 COMMISSIONKHS MAV 
 POINTKO, s. 38. 
 
 Niiml)or and <iuulification, 
 Salary, s. 40. 
 Not to he interested in 
 traots, 8. 41. 
 
 Council may aHsume work, a 
 Accounts, 8. 4.3. 
 
 Oatljs of office and recordgi 
 procco(linj,'s, s. 44, 
 
 Uatos to 1)0 p;ii(l over to Mi 
 cipal Treasurer, s. 45 
 Construction of minor w.v 
 
 WORKS, S. 4(). 
 
 Hentino hvdrants, s. 47. 
 
 CON.STKUCTION OK WORKS OH PI 
 TION ok Kr.KOTORS, SS. 4S 
 
 Act to be ukad with munii; 
 A(n's. s. 51, 
 
 HER MAJESTY, by ai-.d with the advice and con,%n 
 the Legislative As.seinbly of the Province of Onti 
 enacts as follows : — 
 
 1. This Act may be cited as *The Municipal Water- 
 Act." 45 V. c. 25, s. 1. 
 
 iii 
 
 i-MityU 'il^ 
 
 \f ■« 
 
• 'fl 
 
 MUNICIPAL WATERWORKS ACT. 
 
 IS ANU l'KNAI,TIM,f 
 
 .5.] 
 
 . ^ porpomtion of every tovviiHhip, city, town, or incor- Uorporatio 
 
 ^ 1 vilUr« "•"^•^ '"^^® P"^^** ^" construct, build, pur- ^[„^**^;;, 
 iP" • ,.S,- ftxtond, hold, inaintiiin, nmnage and conduct, oo"«tru(.t 
 r ks iiiul all buildings, iniitenals, rnachinory and 
 
 1 rfo'incost *'*'*''"^*" |„,longing, in tlio munici|mlity and in 
 FPI* • 'i Kmirhood thereof as hereinafter provided. 45 V. v. 
 
 I, S. - ' 
 
 The cor|)oratioii shall have power to employ en<,'iiieei>. Powers. 
 ^' ,.iifl such others persons, and to rent, witli such 
 
 {187 
 
 oneyors 
 uliiions, 
 kll (loom rcqii 
 
 covenants, and stipulations as the corporation 
 isite or necessary, or purchase, at the option 
 
 ,g eorponitioii, such lands and buildings, waters and 
 U's as in their opinion nuvy, during the construction 
 "' V future time, be necessary to enable them to fulfil 
 ;;Ses under this Act. (a) 45 V. c. 25, «. .'i. 
 
 1 The coi-poration, their engineers, surveyors, servants I'owor to 
 
 I workmen, from time to time, and at such times as the [;„^;;'g °^j 
 
 fmii «liiill see fit, may enter into and upon the lands appropriute 
 
 . ,. KPisnilS bodies politic! or corporat(!, m the inunicinahtv 
 
 lain pfis""") .,,{<; 1 i : "i 
 
 withm ten nnlcs thereof, and may survey, s(;t out and 
 
 Lvrtain such parts thereof as are requii-ed for the purposes 
 
 iV wiitci-works, and may divert and appropriate any 
 
 ur ponds of water, springs or streams of water thei-eiii, 
 
 [ !iv eii"ineei', surveyor, or other person authorized in this 
 
 ihaffby'tlie corporation shall judge suitable and proper foi- 
 
 Siiid purposes, and may contract with the owner or 
 
 jipier, of the said lands, and those having a right oi- in- 
 
 «t in the said water, for the jmrohase or renting thei-eof, 
 
 hnv part thereof, or of any privilege that may be nnpiirod 
 
 the purpose of the water-works, at the option of the cor- 
 
 ,tioD. 45 V. c. 25, 8. 4. 
 
 In case of any disagreement between the corporation Arbitration. 
 
 the owners or occupiers or any other person intsrestod 
 inch kmis, or any i)er.son having an interest in the said 
 
 r or the natural flow thereof, or in any such privilegii 
 iforesaid, respecting the amount of purchase or yearly 
 ital or value thereof, or as to the damages such a))pi'opri- 
 will cause or otherwise, the same shall be decided by 
 
 itratioii, in iiccordance with the provisions of The Muni- Rev. Stat. c. 
 
 icf, and as hereinafter provided. 45 V. c. 25, s. 5. 
 
 i) As to the power to acquire water rights under this Act for the 
 « of obtaining power to run or drive machinery for supplying 
 clight, see 51 V. c. 28, s. 38. 
 
 184. 
 

 688 
 
 PrnvUlon 
 
 THE MUNICIPAL MANUAL. 
 
 [«.6(i). 
 
 S'riTfa'nt. .^- — (^^ ^V ^*^**® ^'**' "^"*''; "'■ "^'Clipior is 
 
 Pay men 
 award. 
 
 of 
 
 CMeoflnfant . ,. ^ ' . . ^"|'n,i IS nn infant nJ 
 
 owMri.cte. idiot, or an lUHnno poison, or i.s ah.scnt from this P- ' I 
 or in case tho laiulH or water i)rivi|(>cr(.>< ^^^.^, ,„n.*, '*'^""^i 
 pledged to any person, the Ju(lj,'« of tlio County Coin?? i! 
 county in whicli the inunicipHlity constniclinff tl 
 works is situated, on application boiuc mukI.. t,\; „^"|* 
 purpose by the corporation, and u{)oii pi„„f „f ^^^,^^^^,^, ^ . ' 
 application having been served or jriv„„ as ]» hcivilft 
 provided, shall nominate and appoint three iudin;.,.,.,,/ 
 8ons as arbitrators. 
 
 (2) The award of the majority of the aihitnitors in w,i,i„ 
 shall be binding on all parties coiiceruucl, astiillv iw i»Mi i" 
 joined therein. 45 V. c. 25, s. 6. ' " '* 
 
 7.--(l) Any sum so agreed upon or awarded sliull, „, «« 
 of purchase, be paiti within three months from the tin 
 agreed upon, or from the date of the award, as tlio cnsn mi 
 bo ; and in case of renting, the rent agreed upon or luv.irdi 
 shall be paid at the times agreed upon, or lixcd in the aw 
 but in either case, if a nioticni is nnule to amend or st'ta.iJ 
 th(! awar.l, |)ay!nent may be delayed until tlio (K;tLTiiiiiiati< 
 of the ujotion. 
 
 (2) In default of such paynnnit, the propri(!tor may ivsim 
 possession of his property, and all his rights siiall tiicmi 
 revive. 45 V. c. 25, s. 7. 
 
 8 — (1) In case the person to whom damages are awan 
 is an infant, an idiot, or an insane ptjrson, or is absent tn 
 the Piovince, or refuses to accept the amount awaidd 
 corporation may pay the same with interest to the commni 
 of the person under any of the said disabilities, or iiiav 
 the same with interest into the High Court to the credit 
 such j)erson, and such payment shall be a sutficientpayn 
 by the corporation. 
 
 (2) Any notice required to be served on any pei-son un 
 any of the said disabilities shall be served on the pei 
 in whose care or under whose custody or control the pel 
 may be. 
 
 (3) If any jjerson so recpiired to be served is absent 
 the Province, or cannot be found, notice may he gived 
 publifhing the same for such time in tho Ontario Gaietti 
 in one paper jmblished in the county in which the saiJ 
 lie, as may be ordered by the High Court or a Judge tha 
 46 V. c. 25, s. 8. 
 
 PayniLMit 
 into court 
 iu certain 
 ca«e«. 
 
 I' ft 
 
 -m^M 
 
Lll(3)'J 
 
 MUNICIPAL WATERWORKS ACT. 
 
 laiidB privilcgos, and wattM", ho HHcortiiinetl, set out ^''^^ 
 
 i« nn infant, a|{ 
 I tli'm Proviiii;*' 
 e mortjjii^cil 
 nly Court of t' 
 ;tii>g tlui wiitsi 
 i to liiiu for till 
 of notice of tl 
 
 UH iH licnjiimf ,^^^ - ^..v. .- , 
 
 e iu(litl\'.r(Mit I'^'^Bj*'' 'J'*), ^^„,^\n rent or to purchase Huch laiuls, ))iivilegt'8 
 
 CS9 
 
 l.aiiilN, I'lc, 
 pavment 
 
 ' \.taA 1)V the saicl corporation, for the imrposes Mi-toii in 
 Hu.iiopriated 'vy " i '..<, ^, • i .. ' mnmrtttii 
 
 'Fi;7olfor^saUi, shall, upon payment of th(. Haid' numeys '•'"•"°"»"»-- 
 
 *T 'Fson entitU'il thereto, or into Cctirt as aforesaid, be 
 
 'l 'l^the I'orporutioii in feeHiniple, except where the hinds. 
 
 ^'^i" Mil water are rented, in wliich case the term ami 
 
 '"*'^'^^^, j,},,ill be as agreed upon by the respective paitics 
 
 '^'^ ,,l,.fl l)v the arbitratorH, but the corporation sluill 
 asii^*"" : 1 i« ii. . i 1 : ii... 1....4 
 
 er at the end of the term, or during the last year 
 
 lit the option of the corporation, at a rental or price! 
 usccrtained and deteiniined in manner aforesaid. 
 
 ItW'i to 
 r water. 
 J V again 
 V. c, 25, 8. 9. 
 
 1 10 The corporation nuiy construct, erect and maintain, in ||'^'^'',\™'- 
 
 11 the said lands, all reserv<iirs, water-workH, and iicLCKsarj . 
 Sieiv n>(|ui8itt> for the undertaking, and for conveying *'"'"• 
 Mlei' tiiereto and therctVoiu, in, njion, and through any 
 , Ivin" internieiliatc; licitwec^n the said reservoirs and 
 ^rAvoiks and the springs, stnsama, rivers, ponds, or waters 
 iwhioli the same are procured and the municipality, by 
 »ir more lines ot pipes, as mav from time to time be found 
 m^. 45 V. c. 25, s. 10. 
 
 Ih-M^ Ti\e cortKiration, and their servants undiir tfieir ''"^^'■•'O 
 
 111 \ / „ ' . , , J 1 iiili-r on 
 
 liiiiitv, iiii«y ^^i" the said purposes enter and i)ass upon and iutemieUmte 
 irthesiiid lands, intermedia^! as aforesaid, and the same '*"***• 
 
 tcutaiid dig up, if necessary, and nuiy lay down the said 
 fcs through tlie ;inne, and in, upon, through, over, and 
 
 ifr the hi"h ways, stieets, lanes, roads, or other passages 
 
 kin the municipality, or within ten miles thereof, and in, 
 thioufh, over, and under the lands and premises of 
 
 Ipereon or persons, bodies corporate or politic, witliin the 
 
 [icipulity. 
 
 .\11 lands, not being the property of the municipality, 
 iill highways, roads, streets, lanes, or other passages so 
 jiip, or interfered with, sluill be restored to their original 
 liition without unnecessary delay. 
 
 ) The corporation may set out, ascertain, purchase in 
 ler aforesaid, use ami occupy such parts of the said lands 
 8sai(l corporation may think necessary and proper for 
 
 iing and maintaining of the said works, or for the 
 
 of new streets rt>quired for the same, and fo'* the 
 
 ising of any lands required for the protection of the 
 
 SI 
 
IMAGE EVALUATION 
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 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 872-4503 
 

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 690 
 
 THE MUNICIPAL MANUAL. 
 
 [3. 11 ( 
 
 said works, or for preserviug the purity of the water sunnlv 
 or for taking up, removing, altering, or repairing the samp 
 and for distributing water to the inhabitants of the mu 
 cipality, or for the uses of the corporation, or of the pronnV 
 tors or occupiers of the land through or near which theL. 
 may pass. 45 V. c 25, s. 11. 
 
 drrpipes? .12- For the purposeof distribu^ng water as afore said the 
 etc. said corporation may sink and lay down pipes, tanks reser 
 
 voirs and other conveniences, and may from time to time alter 
 all or any of the said works, as well iu the position as intlie 
 construction thereof, as they may consider advisable. 45 V 
 c. 25, s. 12. 
 
 13. The said corporation shall do as little damage as may 
 be in tlie execution of the powers by this Act granted to them 
 and shall make reasonable and adequate satisfaction to the 
 proprietors and others whose property is entered upon, taken 
 or used by the corporation, or injuriously affected by the 
 exercise of its powers, to be ascertained as provided in like 
 cases in The Municipal Act. 45 V. c, 25, s. 13. 
 
 14. A 11 water-works, pipes, erections, and machinery requi-., 
 site for the said undertaking shall likewise be vested in and i 
 be the property of the corporation of the municipality con- 
 
 45 V. c. 25, s. 14. 
 
 CompeDRa- 
 tion for 
 damage 
 
 Rev. Stat. c. 
 184. 
 
 Property 
 vested in 
 corporatioQ. 
 
 structing the said works 
 
 Pipes may 
 be carried 
 across 
 railways. 
 
 15- The council of the corporation may pass by-laws foi* 
 laying down in, through, across, under, or along the railwafl 
 and lands of any railway cam})any, in respect of which thii| 
 Legislature has autliority in this behalf, any main j)ipe belong 
 ing or necessary to any water-works which the corporation ( 
 the municipality is authorized to construct, and for enterin 
 upon, breaking up, taking, or using such land in any wa| 
 necessary or convenient for the said purpose, but subject 
 c. the terms and restrictions contained in The Railway SM 
 and Drains Act. 45 V. c. 25, s. 15. 
 
 Service pi|)e8. jg. — ^1) Service pipes which may be required shall 
 constructed and laid down up to the outer line of the str 
 by the corporation, and the corporation shall be sold 
 responsible for keeping the same iu repair. 
 
 (2) In cases where a vacant space intervenes between tl 
 outer line of the street and the wall of the building or otlr 
 place into which the water is to be taken, the corporatij 
 
 i<ev. Stat. 
 109. 
 
 '^mu 
 
,18.] 
 
 MUNICIPAL WATERWORKS ACT. 
 
 691 
 
 th the consent of the owner, lay the service pipes 
 
 i 
 
 I' 
 
 co'poSn or person appointed by them in that behalf. 
 
 ines provided the same is done to the satisfaction of 
 
 such vacant space and charge the cost thereof to the 
 
 owner 
 servue 
 the CO 
 
 (3)' 
 hereiii; 
 
 "^ , 'r.-- «;.,«' to the outer limit of the street as afore- 
 
 of the premises, or the owner may himself lay the 
 
 servic 
 thec( 
 
 (3) 
 ''*'^'"""7poration (except the repairing of the service pipes, 
 
 ... r^ije expense incidental to the laying and repairing, as 
 
 ,ftpr nrovided, of the service pipes if laid or repaired 
 euiauci ji > , , 
 
 from the main pipe , , v. *i, .• x r 
 
 «id which shall be borne solely by the corporation), or of 
 .Bne'rintending the laying or repairing of the same if laid or 
 ' 'by any other person, shall be payable by the owner 
 
 loa demand to the corporation, or if not so paid, may be 
 collected forthwith in the same manner as water-rates ; pro- 
 vided that in no case shall the expense of superintending the 
 laviiig or repairing of such service, if laid or repaired by any 
 other person as aforesaid, exceed one dollar. 45 V. c. 
 25,9.16. 
 17— (1) The service pipes from the line of street to the servi.e pipt« 
 interior face of the outer wall of the building sapplied, conu^V' 
 her with all branches, couplings, stopcocks, and ai)par- •""potation. 
 Ijtusplaced therein by the corporation shall be under their 
 control, and if any damage is done to this portion of the 
 wvice'pipe or its fittings either by neglect or otherwise, the 
 ^mpant or owner of the lands shall forthwith i-epair the 
 me to the satisfaction of the corporation ; and, in default 
 [ his so doing, whether notified or not, the corporation may 
 bter upon the lands where the service pipes are, and by 
 plieir officers, servants, or agents repair the same, and charge 
 same to the owner of the premises, as hereinbefore 
 ■ovided. 
 
 2) The stopcock ]>laced by the corporation inside the wall 
 j the building shall not be used by the water tenant, 
 ttcept in cases of accident, or for the protection of the 
 ' lilding or the pipes, and to prevent the flooding of the 
 
 (I) Parties suppHed with water by the corporation may 
 6 required to place only such taps for drawing and shutting 
 It the water as are approved of by the corporation. 45 V. 
 
 f25,U7. 
 
 \i Any person authorized by the corporation for that inspection of 
 iMpose, shall have free access, at proper hours of the day. 
 
 
 1 1 
 
 
 f' , 
 
 
 
 mi' 
 
 , .' 
 
 ' '■■. 
 
 
■'If I 
 
 ■.:;!■; 
 
 l ii 
 
 1 
 
 f 
 
 11 'tk 
 
 liitaibM^. 
 
 
 «92 
 
 Regulation 
 of use of 
 wafer and 
 of rates. 
 
 THE MUNICIPAL MANUAL 
 
 ["•18. 
 
 Power to 
 make and 
 enforce b3'- 
 laws for 
 maintenance 
 and manage- 
 ment of 
 works. 
 
 and wyion reasonable notice given and request tn, 1 
 case of the written authority of one of the coi '^'•^'."'' '"] 
 given in resi)ect of the special case, without noUcrr^nl 
 parts of every building or other premises in which v ■ i • 
 delivered and consumed, for the purpose of ins„ectir" 
 repairing as aforesaid, or for placing meters upon my '' 
 pipe or connection within or without any house oi'buii r 
 as they may deem expedient, and for this purpose o/f, II 
 purpose of i)rotecting or of regulating the use of Jud, ,1, 
 may set ov altei- the jjosition of the same, or of a-iv 
 connection, or tap, and may fix the price to be puid 'f„I'S! 
 u.seof such meter, and the times when, and themavim.. 
 which the same shall be payable, and may also chan-efrj 
 and recover the expenses of such alterations ; aiiVsud 
 price, and the expense of such alterations may hj collpcti 
 in the same manner as water-rates. 45 V. c. 25 s is 
 
 19. -(1) The corporation shall i-egulate the distributj, 
 and use of the water in all places and for all ptu'poses whei 
 the same may be requii'ed, and from time to time sliallj 
 the prices for the use thereof, and the times of pnvnien 
 and they may erect such number of puljlic hydrants, and 
 .such places as they shall see lit, and direct in what man 
 and for what purpose the same shall be used, all which 
 may change at their discretion, and may fix tlie rate or .. 
 to be paid for the use of the water by hydrants, firepld 
 and public buildings. 
 
 (2) The sum payable by the owner or occupant of j 
 liouse, tenement, lot, or part of a lot for the water supfl 
 to him there, or for the use thereof, and all rates costi 
 charges by this Act to be collected in the same niaiiiu 
 water-rates, shall be a lien and charge on the house, 
 ment, lot, or i)art of a lot, and may be levied or collect 
 like manner as municipal rates and taxes are hy law reo 
 able. 45 V. c. 25, s. 19. 
 
 20- — (1) The corporation may from time to time 
 and enforce necessary by-laws, rules and regulations f| 
 general maintenance or the management or couduct i 
 water- works and of the officers and others employed i 
 nection with them, not inconsistent with this Act, aj 
 the collection of the water-rent and water-rate, and fori 
 the time and times when, and the places where tli« 
 shall be payable. 
 
00 1 
 
 MUNICIPAL WATEKWORKS ACT. 
 
 69,1 
 
 1 also for allowing a cliacount for prepayment, and 
 
 '"' f default of payment may enforce payment by 
 
 Im case o ^^^^ ^jjter, or by action in any Court of compe- 
 
 Isliutting . ]^„ distress and sale of the pioods and 
 
 UlSUlCtlOU, ui "J fill 
 
 f the owner or occupant, or or any goods and 
 r I in liis possession, wlierevcr tlie same may be found 
 
 !lpmiiiii«iP''^'i^)'' ^^' "*' ""'' ^"''''•^ ""'' chattels found on 
 , i<e,s the" property of or in the possession of any 
 
 ff '''*^ , Diiut of the premises ; liut where the arrears exceed 
 L "^'ter no distress shall be made of any goods and 
 LtterUich iire not the property of the pei'son liable for 
 HvatoM'ate. 
 
 ,, m^g distress and sale may be conducted in the same 
 L r as sales are conducted for arrears of taxes, and the 
 
 I rcpable shall be those ])ayal)le to baililTs under The Kev. Stat. o. 
 tSlhncrts'AcL 4f. V. c. 25, s. 20. 
 
 Ii)i_-(1) The attempt to collect the rates by ;iny process i-ien for 
 bnlefore mentioned shall not in any way invalidate the -."^aUdate. 
 a upon the premises as hereinbefore provided. '•" "^"■■"•■ 
 
 lj''l In the event of the rate remaining uncollected and '"' 
 L'i.l.and contimiing a lien upon the said premises as 
 Iresai'l, the amount of the i-ite so in arrears shall be 
 hfiel by the collectors to the treasurer of the munici- 
 |t\ annually, on or before the eighth day of Aj>ril, in 
 iiml ovorv year, or such other time as may be fixed by 
 I coviioration hy by-law in that behalf, and the same, 
 (ilierwith interest at the rate of ten per cent, per annum 
 m shall thereupon be collected by the ti'easui'or by 
 Lie of the lands and i>reniises in the same :iianner and 
 lectio the same provisions as in case of the sale of non- 
 lent lands for arrears of municipal taxes. 45 V. c. 25, 
 
 I 
 
 by utli-in]>t 
 to collect 
 Slime. 
 
 , Tlie corporation shnll have power to employ the ordi- Power to 
 iwlleetors and assessors, and such other persons as in coHec°or.«< 
 t opinion may he necessary to cai-ry out the objects of ■*"'•* o'*^*-'"- 
 |.\ct, and to specify their duties, and to fix their com- 
 i; and all such persons .shall hold their offices at 
 klrasure of the corporation, or as the coi'poration shall 
 mine by bydaw in that behalf, and shall give such 
 kty as the corporation shall from time to time lequire, 
 1 assessors and collectors shall have as full power in 
 pert'oimance and enforcement of the matters to them 
 
09 1 
 
 ' I 
 
 THB MUNICIPAL MANUAL. 
 
 committed as tlie assessors and collectors of t\ 
 
 [s. 2a, 
 
 Protection 
 and powers 
 ofofflcers. 
 
 23. The corporation and their officers shall h 
 protection in the exercise of their respective offi^^'" ^''^ ' 
 execution of their duties as Justices of the P . ^^^ '^"'' t 
 under the laws of this Province; and the ^v••T^"'*^^ 
 other officers of the corjioration, when in the'\^".i"^" ^ 
 their duties, shall be ex officio possessed of all \', '^''8* 
 and authority of constables. 45 V. - '>- ^ 'no "^ I'O^fl 
 
 «■ -i^, s. 23. 
 
 Limitation 
 of actions. 
 
 24. If an action be brought against any person or 
 for iiny thing done in pursuance of this Act, the sm"*^* 
 be brongl't withiii six months next after the act co '" ' 
 or in case thure shall be a continuation of damv""''^!! 
 within one year after the original cause of action £' 
 45 V. c. 25. s. 24. ^""muta.^ 
 
 Non*liability 
 tor brealvngc 
 or stoppage. 
 
 Property 
 
 exemptfrom 
 
 execution 
 
 Property 
 exempt from 
 taxation. 
 
 Power to 
 supiJly water 
 outside of 
 munici- 
 pality. 
 
 25. The corporation of the nnuiicipality shall 
 liable for damages caused by the breaking of any . 
 pipes or attachment, or for any shutting olfof aiiv wl'fl 
 repair mains or to tap the mains, if reasonable notice oh 
 in^icntion to shut ofF the water is given whenever t! 
 is shut ofF more than six hours at any one time \|!! 
 c. 25, s. 25. ■ 
 
 26. All materials procured or partly procured under 
 tract with the corporation, and upon which the corpori 
 shall have made advances in accordance with .siipI. ,nni 
 shall be exempt from execution 
 
 with .such con^ 
 45 V. c. 25, s. 20. 
 
 ProTiso. 
 
 27. The lands, buildings, machinery, reservoirs, pipe 
 all other real or personal ))roperty connected with, on 
 taining, or belonging to the water-works, shall h, e| 
 from niuni(ii)al taxation. 45 V. c. 25, s. 27. 
 
 28- 'I'he said corporation shall have power and auti 
 to supply, upon special terms, any corporation or 
 with water, although not resident within the uiunicli) 
 and may exercise all othei- powers neces<sary to the ca 
 out of their .agreement with such corporation or pei^a 
 well within the suburbs of as within the mimicipalit 
 they n\fiy also from time to time make and canyon 
 agreement which tliey may deem expedient for the i 
 of water to any railway company or manufactory : pn 
 
 iiioiiga 
 
 al%j^- 
 
Is. 22. 
 
 he muiucipalityl 
 municipal taxei;! 
 
 lall hav(i t\ie li] 
 e offices and 
 Peace now hati 
 e watchman 
 
 the discliai't'e 
 )f all the ])ow« 
 
 s. 23. 
 
 f person or persi 
 Lct, the same ah 
 the act counnitlK 
 \ (){ damages, tl» 
 ,){ action tivist iin 
 
 pality shah not 
 .king of any m 
 r otf oi anv watetl 
 .sonable notice oil 
 . whenever tlie 
 [\y one time. 45 1 
 
 pvociired under < 
 'liich the corpot^ 
 Ice with such eon|l 
 . c. 25, s. 2G. 
 
 vesevvoivs, pipe 
 [nected with, or i 
 lovks, shall he e^ 
 i, s. 27. 
 
 power and auti 
 Corporation or p 
 [thin the uiunici| 
 Icecsary to the < 
 boration or pew 
 I the vmmicipalili» 
 |ike and carry oO 
 nedient for the J 
 Lnufact^ry ; pfl 
 
 ,31.] 
 
 MUNICIPAL WATERWORKS ACT. 
 
 h water is to be supplied in another niunici- 
 
 G95 
 
 that wliep ^^ .^^^jj possesses water-works, no pipes for this 
 
 pality ^^'"l^^jj ^g carried in, upon, tlnougli, over or under 
 
 purjwse si' ^ ^Up st,-eet, lane, road or passage within 
 
 jjny '"^ ^^ mMnicipality without the consent of the council 
 ..anther i"'' X .^ _ i i.„ c i. „* 
 
 I such otw^ 'I'licipality ; the agreement may be for a term of 
 Jhorwise as may be agreed on. 45 V. c. 25, s. 28. 
 
 The corporation may dispose of any real or per- p«;J'«;^*°;;,J 
 
 2^''[ ,erty "cquii-eJ by them for water-works 
 olonL'cr required, and until sold, may rer 
 "'"'"",. .iiiv property so sold shall be free from any 
 '''**'^'"!lipn on account of any debentures issued by the 
 
 S purposes when no 
 
 nt or lease [-«-,. 
 
 , or lien on 
 
 Icliarg''"' ""]j"),jt the jji-oceeds of the sale shall be added to 
 Ijorponiion,^^^ ^^ ^j.^ £|,j^j f^j. i\^q redemption and j)ayment 
 
 r!^ (lebentiues constituting a chai-ge thereon, or should 
 '"'^1 dehentiutis then exist, then the said proceeds shall 
 '^""^',^,^1 tlie general funds of the corporation, and may 
 IJlied accordingly. 
 
 m Ih case credit is given for any portion of the purchase; 
 
 : of such real property the corjioiation may take 
 
 tv by way of mortgage to secure the same, and the 
 
 ^Zltm shall have all the rights, powers, and remedies 
 
 "Lsed in or implied by any mortgage given, us fully as if 
 
 niort'^iU'e, had been given to a private person and every 
 
 ,„r,'ri(^iw and the iiroceeds thereof, shall stand as 
 
 it!i mortgage, 
 
 ■itv for anv debentures, constituting a charge on the real 
 
 45 V. c. 25, s. 29. 
 
 oferty, at the time of sale. 
 
 in Vnnipinberof the council of the municipality shall No ineinh«r 
 
 5U. iiu 1"^' , , 1 . ^ • .• •.! • 1 of council to 
 
 s„nally have or hold any contract m connection with said i,e interested 
 jlks^'or be, directly or indirectly, interested in the same, or '^'^^^/^^ 
 ivof them, but no person shall be held to be disqualified 
 ibeiug elected or sitting as a member of the council of 
 corporation by reason of his being a taker or consumer 
 inater supplied by the corporation, or by reason of any 
 n(r or contract with the corporation with reference to 
 iiipply of water to such person. 45 V. c. 25, s, 30. 
 
 hi, All persons anc^ corporations wlio shall, by themselves, u»biiity of 
 Vservants or agents, by act, default, neglect or omission, SoinK" 
 asion any loss, damage or injury to the water-works of any ^lamage. 
 inicipal corporation, or to any plant, machinery, fitting or 
 bitenances thereof, shall be liable to the corporation for 
 fk respect of such damage, loss, or injury; and damages 
 
li 
 
 ■ 
 
 1 
 
 l,>pn|^ 
 
 M 
 
 TlS^w 
 
 Ss 
 
 1' jmm 
 
 n 
 
 ■ i 
 
 ewj^ 
 
 Hj 
 
 > 
 
 '-lif 
 
 ffi| 
 
 'f 
 
 ('•''■r^ 
 
 P 
 
 :.| 
 
 i'^nilK 
 
 
 VtM^jM 
 
 ■r| 
 
 
 
 
 '•■■ ^ 
 
 'iV^^K^ 
 
 { f 
 
 li^Ri' 
 
 i ffl 
 
 
 i!~ 
 
 6i)r5 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 3L 
 
 ' corporutiou k\ 
 
 I'liwor to 
 miike by- 
 laws |)ro- 
 liihitiii;; 
 wroniiful 
 
 USR of 
 
 WRtfT and 
 re$;iiliiti[i)<; 
 .lupply. 
 
 Prohibitions 
 uiiil pennl- 
 tioH. 
 
 'l&a.k^: 
 
 in rer,pfct tlit'rooJ: may lio rccovcicd l,v tin 
 
 liny Court of coiiipetciitjiin.sdictiou. 45 V .. •;-> o. 
 
 32.-(l) Tin; corporation may make smoI, W K.-e 
 tho council shall s(H'm rcquisit,! tnr i.roliil,iti,„r '],' ,■ '*' 
 oxcoe.lin;^ :?20 an<l costs, or l.y iu.prisomnr-.U in r,"!!! 
 instance for any term not exceeding ojk; moiitli anv ■ I 
 Ix'itig a tenant, occii])ant or iinnati; of any lu)ii.s(- 1 •i]''"'" 
 or other place .supplied with water from tlu> water' w? 
 from l.Midini,', stdlin.i,', or disposing' of the water tl'. f 
 from givini; it away, oi- peianittiii.i,' it to l)e taken o- c' !'• 
 awr.y, oi- from usin-,' or app]yin^. it to the iis- or I,'en''|'ri 
 others, or to any othei- than his, h('r, or their own usm ■ T 
 benefit, oi- from increasino; the supply of water iKri^Vf 
 with the corporation, or from wron<rfullv ue'i^ctin'^ 
 improperly wasting the water. ' '' ' 
 
 (2) Ami may also make by-laws for regulatiii,.' the tin 
 manner, extent and nature of the snpplv i)y tlie'\vorl 
 tenement or parties to wliich and to whom tho same slmlH 
 furnished, tlie pi-ice or prices to Iw. exacted therefoi' 
 and every other niatter or thing rchited to or coimo, 
 therewitli, which it may be necessary or proper to ili 
 regulate or detennine, in order to secure to th,T inliai>i, 
 of the 7nunicipality a continued and ahuiulant siipulr 
 pure aial wholesome water, and to prevent the practisinm 
 frauds upon the corporation witli regard to tlie watet^" 
 supplied. • d 
 
 (;l) The amount of the fine, the duration of the itiipr 
 ment, and also the option between tine and iinprisonti 
 shall be in the discretion of the Justice of the Peace ba 
 whom any proceedings may be taken for the enforcemen 
 8uch by-law. 45 V. c. 25, s. 32. 
 
 33. If any person does or commits any of the folio 
 acts : 
 
 1. Wilfully or maliciously hinders or interrupts, or ( 
 or procures to V)e hindered or interrupted the said cor 
 tion, or their managers, contractors, servants, agents, 
 men, or any of them in the exercise of any of the 
 and authorities in this Act authorized and contained; 
 
 2. Wilfully or maliciously lets off or discharges wati 
 that the same runs waste or useless, out of the works; 
 
J3 7. 
 
 MUNICIPAL WATKRW0RK8 ACT. 
 
 697 
 
 Not bein*^ i" t''^ employmont of the corporation, and 
 t being 'V mem'i«>' of the Hrc hiigiide and dul 
 L behalf, wilfully opona or closes any hydrant, or 
 
 >ly authorized 
 
 ts the free access to any hydrant, stopcock, chamber, 
 ^ 'or hy(lri>nt-chamht>r, by placing on it any bnilding- 
 
 ''Iteriiil, rubbish, or other ol)struction ; 
 I Tliro«'** <"" tleposits any injurious, noisome, or ofl'ensive 
 ttorinto the wator or water-W(n-ks, or upon tlie ice, in 
 
 ""psuiili water is frozen, or in any way fouls the water or 
 
 *iiiiitsuny wilful <li>i»'%'e *,>i' i".i<""y to tl'O works, pii.es, or 
 
 Iter, or encourages the same to be done ; 
 
 ■ Wilfully aUois Muy met»M* of ilwf water-works placed 
 
 anv service pipe or connected therewith, within or 
 
 '^liout liny house, building or other })lace, so as to lessen 
 
 jltP,. the amount of water r(^gistered thereby, unless 
 
 fiillv iiutluirized by the corporation for that particulai' 
 
 miosi' ;i)h1 occasi(»ii ; 
 
 ' Lavs or causes to be laid any pipe or main to com 
 
 knicatt! with any pipe or main of the water-works, or in 
 
 Lwiiv obtains or uses any wator tiioreof without tlie con- 
 
 Utot'ilie corporation ; 
 
 Washes or cleanses cloth, wool, leath(M', skin or animals, 
 Ipliiees auv nuisance or oU'ensive thing within the distance 
 ! mill' in the case of a village or town, or within the 
 n'l' of three miles in the case of a city from the source 
 ri|i!v for such water works, in any river, pond, creek, 
 M\ s.mice or fountain from which the water of the 
 ll*rviirks is ol)tained, or conveys, casts, throws or puts 
 iltli ilirt, uead cai'case, or other noisome or oHensive 
 itheroiu, or within the distance as above set forth, or 
 KSMiermits, or suilers tin; water of any sink, sewer, ^or- 
 itoniii or to be conveyed into the same, or causes any 
 ftliin" to 1h! done whereby the water therein may be 
 I'Wiiv tiiinteil or I'oided, - 
 
 liicli pinsoii is convicted of such act before a Justice of 
 face having jurisdiction in th(! locality within which 
 lofeiice is committed, he shall, for every such offence, 
 Vanil p;>y a sum not exceeding $20 nor h^ss than $1, 
 k with tiie costs and charges attending the proceed- 
 Li conviction, or such offender may be imprisoned in 
 Ikt instance for any tei'in not exceeding thirty days. 
 l.c,25, s. 33. 
 
 I mm 
 
 1-3 
 

 1 
 
 I* 
 
 m»iu.«^.: 
 
 698 
 
 THE MUNICIPAL MANUAL. 
 
 b- 34J 
 
 Aitplleatlon 
 or penalties. 
 
 Money 
 
 Application 
 of revenue. 
 
 34. Tho penalties in money under this Act, or vuv - 
 of them which may be recovered, shall he paid to tl " 
 vieting Justice, and by him \md, one-lmlf to the tivi * ^ 
 the corporation, and the the other Imlf to tlu. ''*^""'' 
 unless the prosecutor is the servant or oflBcer of tl >*^ *^ 
 tion, in which case the whole of the i)enaltv slmll 1 *^''''*" 
 the corporation. 45 V. c. 25, s. 34. ' '' 
 
 35. The water-works erected or constructed and ulw M 
 wTb'Jkc J'lntls acquired for the purpose thereof, and everyi.mit"' J 
 on works, thing therewith connected, shall he specially cluiP" I '^ 
 
 the repayment of any sum or sumw whidi may he bop i 
 by the corporation for the purposes tliercof, and for l,',! i 
 bentures which may be issued therefor and the holdenl 
 such debentures shall have a preferential charge on ttie 
 lands, water-works, and the property appeitaniing tlier 
 for securing the payment of the debentures and tlie inb 
 thereon. 45 V. c. 25, s. 35. 
 
 36. After the construction of the works, all the reve 
 arising from or out of the supplying of water, or fVom , 
 real or personal property connected with the watci-wor 
 be acquired by the corporation under this Act, shall 
 providing for the expenses attendant upon the niainteai 
 of the water-works, subject, however, to the provisioDiJ 
 tained in the next preceding sectio!), form part of tliege 
 funds of the corporation, and may be aijplied accord 
 45 V. c. 25, 8. 36. 
 
 37. The corporation of any township, city, town, orj 
 porated village may purchase any water-works constri 
 within or in the- neighbourhood of the mnnicipalit 
 being the property of any person or company, and und 
 provisions of this Act, may improve and extend such 
 works. 45 V. c. 25, s. 37 ; 50 V. c. 29, s. 48. 
 
 Council may 38. — (1) The council of the townshi}), city, ^. 
 poweir village may itself, or by its officers exercise and eni 
 hereby powers, rights, authorities, and immunities hereby co 
 may^eiect"' upon the corporation of such municipality, or such 
 commis- may, either bi fore the commencement of the work 
 any time while they are in course of construction, l 
 their comj)letion, by by-law, assented to by the eM 
 the municipality, provide for the election of comi] ' 
 for such purpose. 
 
 (2) Upon the election of commissioners, all thej 
 rights, authorities, or impiunities which, under 
 
 Power to 
 pui chase 
 existing 
 works. 
 
[«. 34H I iO.] MUNICIPAL WATERWORKS ACT. 
 
 Bijlit have been exercised or eiijoved hv ^i 
 ,lii,ers of the corporation acting fb,. tL ''''""'''^ *""•' <^^'e 
 ,„j„„,vl)eexeicised by the conunissioners*''^''^!^'"**!^'""' '''^''" 
 ipfwinted by tli(f comaiissioners, and the m '^"•! ,® ^'^'cei's 
 .jariiig the continuance of the board of . *"encefbrth 
 
 I lave 1)0 authority in respect of such workT'"'"'^'"""^'''* ''^''"'^ 
 
 (;i) But any otJicer or employee apnoinfp,! . 
 Itieconucil in oi' about the constructioT ^'"P'oyed by 
 
 lilewU sImlJ be continued until reinov^'l '."""f^'^O'^nt of 
 
 Leis unless liis engagement shall nnnr^^T! •^. ^"® conmiis- 
 
 !»,,., . »"oner teiniinate. 
 
 J (I) .\othing hei'ein contained shall Ii« n ^ 
 lllecoiincil of its authority with refererT. ^ T"" *^ ^^^''^^^ 
 Ifraonejs required in respect of ^n^'jf , ® P^'^viding 
 
 l^asurerof the municipality shall UDonf)''''""^?' ^"^' ^he 
 
 iteof the conmiissioners, pay out' H.f. '''"**®» ^'e'tifi- 
 
 [|jV. c, 25, s. 38 ; 50 V. c. 29, s 4^^ ""^^ '° P''ovided. 
 
 3J,-(1) The commissioners shall cor "f * 
 
 sdian three and not more than Hvp 'S , " '^'^^^^ '^f not dumber and 
 «eonnciI shall e.-o^io be one, and the rem^ ,*^' .^^"' of o«Sli- 
 ] be elected annually at the same f L i""^^^ ^^ ^^om '*»•'•• 
 .eras the head of the council Jv"" "'k' '" *''^ ««"^e 
 .any cause occurs on the board wT "® '^ vacancy 
 M hold office during the re:^arnd:r o'f TT'^'"'^'', 
 li Ins predecessor was annoinf^rJ Ik 1 ? '^^ ^^^^ for 
 «i«ted by the said council'^ ^' '^"" ^« immediately 
 
 (I'l A majority of the pnn.^- • 
 
 1 for'the^ransactiorof^rv'r '''^" ^^'^^^^''^e a 
 «7 of the board. "^ business within the 
 
 M of the commissioners «n 7 ., 
 faring the whole j.eriod of his termtf ^' ^^1^""^*^^ 
 Papery qualification as is relted t '*''' ^'""'^ *^« 
 iflncil of the corporation. '''l"'^^^ *or a member of 
 
 terEi;':l,^tT '^"-^ "«-. ™»te 
 
 Tie place of a commissioner shall h 
 I en completion, shall ~'nn>'B- 
 
 w'oneri. 
 
 C99 
 

 
 .1 
 
 'S(t?' 
 
 700 
 
 TIIK MUNimi'AL MANUAr,. 
 
 [«. 
 
 from tiino to tin.o hMixcd l.y tho coundl. l,Mt „„ n,omi,>.. 
 the council, oxrcpfc the ImmkI tl.(,mof, sluill ut tlw* R„n,r 7 
 
 bo a inoriibcr 
 2f), H. 40 
 
 l)(M- of tlio Ijoanl of ooiniiiissionorH, 
 
 4.') V 
 
 No oomniix- 
 tinner to br> 
 interoHteil 
 in any 
 contrnot.. 
 
 Wliera work 
 eDtrii''t('il tn 
 oomDiitifinn- 
 trH eoiincil 
 may aMtiimo 
 Mnic , 
 
 AecoiinfK to 
 brt hrpt by 
 ooniniiii- 
 fioncrit. 
 
 41. No commiHsionor appointod as afoiosaid slmll 
 ally hiivo or hold uiiy cotitnict in coinicction with tlT* 
 works, or hv, din-otly or indirectly intcrtsstcd i>. tU. " 1 
 
 !• 1 1 I " \r i\r . • "".'I III ll\^' s;i!|)» I 
 
 any of tlicni. 4;) V. c. 25, h. 41. ^'] 
 
 42. Tho council of the iimnicipalify, ii, cnw tlieconin 
 lion of th(! works Ix^ ontrusbul to coiniiiissioncfH, ninv 1 
 law assented to by the; electors of the iiuiiiit-iimlitv 'h 
 time assume tho work, removo the oonnnissioiu.iH. aii 
 their current year's salary, and proceed with and i. , 
 the works, and, in such case, all tlu^ ri^dits. powcis aiit 
 ties, iuununities, duties and liabilities then lieloii.ri'i,!, j^ 
 commi.ssioner.s, shall be transferred to and vostcd^in 
 council, but any ollicer or (unployee aiipointed (,r oinpl 
 by the coninii.ssion<Mvs in or about th(i (ronstniction or 
 agoinont of the works, shall be continued until rc\um 
 the council, unless his en^aijeinont shall .sooner tciini 
 45 V. c. 25, s. 42. 
 
 43- (1) The commissioners shall keep, or cnusp toL 
 .sc^par.in! Imoks and accounts of the recinpts mikI (|i|]| 
 ments for and on account of tho water rates, distiiiojj 
 the books and accounts relating to the other prnpoitv 1 
 or assets, bcdonging to tho water-works: and all sucbl 
 shall l)e open to tho examination of any pcM.soii ;ipp 
 for that [)urpo.so by the council. 
 
 (2) The conunissioners, on or before tho tiftonnthl 
 January, in each yoar, or upon such other day astliei 
 m;iy name, shall cause a rctui'u to be made totliej 
 contnining a statement of the allairs of the Wiitetl 
 which shall shew tlie amount of the rents, issufv 
 iits, arising from the water-works, and the uiuiilvi' of J 
 siipplied with water, dui'ing tlu' previous year: th« 
 and value of the moveable and innnoveable proptity 
 ing to the water-works ; the amount of flehcntui! 
 issued and reauiining unredeemed, and unpanccllod,] 
 interest paid thei-eon, or yet due and uii[)aid, and 
 of the sinking fund ; the expenses of collection 
 agement, and all other contingencies ; the salaries ( 
 and servants ; the costs of re[)airs, improvenifiits,aij 
 
y,i\n\o t'm 
 45 V. 
 
 n\\\\W \m 
 
 A' 
 
 MUNICIPAL ^''ATERWORKB ACT. 
 
 701 
 
 [.\w COUPitl^ 
 
 i^v.vlity, !'-t 
 HUM'!*. a^ijiDf 
 th uwl iwani 
 powt'vs, uuth 
 
 \ veslod In I 
 
 vtwl Of *'>iil>^^ 
 stv\icUou or 1 
 vmUl rcwiove 
 sooiici' tcvmi] 
 
 (ir civusotol 
 i^its !U\(1 ilttl 
 i\t0H, clistincij 
 
 ,^v nVO]HM'ty, 1 
 
 ^,^i\ [vW sucbj 
 
 t\)o tit'tociithj 
 aay astliei 
 ln:n\V to the 1 
 h the wate 
 
 V \v\ni>^t"v oil 
 
 lis y*'AV •. M 
 
 \W pvnpevty 
 
 of (\e\)iintttfl 
 
 IcoUectiou 
 l\ie salaries < 
 loveiut'uts,! 
 
 , j^ggj, paid for tho ncqiuHition of any r«al t'stftte 
 '"* 1 ivo l>c«" Jicquircd for the UHeof tlio waicr-workH ; 
 """"! llv such tt Htatemont of the rcvonue and oxpondi- 
 r'i!^'"j' \vjiUn-workH, aH will at all times allord to the 
 u full and t-oinplete knowledge of the state of 
 2'ortli« water-workH. 
 
 I i\ xiiecoiimussionerK shall also, from tinio to titno, f nrnish 
 ' Jinfonnation M "my be riicjuifed by the council. 
 
 Ill the iiccounls relating to the waterworks shall be 
 J ll)V tk iiiulitois of the corporation in regular course, 
 \ '(immissii)ia'rs ami all their otUcers shall furnish to 
 ' litdis siii'li information and assistance as may be in 
 ^^,.l 1(1 I'uable the auditors to jtioperly audit such 
 
 T|u' coniiiiisHioners, and the clerks employed in their 0nthi«» 
 l(j,i, service, shall bo sworn before a Justice of tho Peace, ri"«d*"o'l 
 r fi^iilifiil |)eit'orniance of their duties ; the commis- procwdinici. 
 wrssball keep a book for the jmrpose of recording the 
 
 [ [inji,. otficial procetulings ; and such book shall be 
 for iiisiiectioii in tho sauK! manner as the books men- 
 lin the next preceding section. 45 V. c. 25, s, 44. 
 
 1 wiiter loiits and water lates, when collected, less Ratei to be 
 Ijwientsl.y the commissioneis, shall, quarterly, or soSJunj*"pai 
 jtltener as'tho council may direct, be paid over by the t»'^««»"'«''- 
 lisjioiieis to the municipal treasurer, aind shall be by 
 laced to the credit of the water-works account. 45 V. 
 
 Li] I Wlicrc water-works, for the benefit of a portion Coi.Biruc- 
 f. , • • i-j^ 1 • 1 I ii e ti.'ii of minor 
 
 l(t the municipality, are desn-ed l)y the owners oi any waur workt. 
 
 Ipwi'ty ill any township, city, town, or incorporated 
 I, ihe council, on the petition of the owners of the real 
 J to lie served, may pass by-laws for the construction 
 i water- works, and for assessing and levying upon svich 
 Bfcity a special rate, suliicient to include a sinking 
 it tlie repayment of debentures, which such council is 
 putliorized to issue on the security of such rate, to 
 (Is for the construction of such water-works, and 
 JK bylaws for so Jissessing and levying the same by 
 Irate in the dollar on the said real property accord- 
 Ik frontage thereof, or according to the value thereof, 
 pot improvements, as may be desired by the peti- 
 

 .^f^-':..." 
 
 
 
 i 
 
 702 
 
 THE MUNICIPAL MANUAL. r .. 
 
 L^' 46 (3 
 (2) The council may also pass by-laws for the taana.Pn 
 of such works, and may appoint such officers m «.? ^ " 
 therefor. *^ ^^® ^'^m 
 
 ^?L'^^''^^^^^''J^^^^\^^ supplied to the saidownerHi 
 
 for givii 
 
 their teuants at such rates as the council may consiTl ' 
 site to cover the cost of keeping up the works and m """ 
 the same ; and a separate account shall be kept of li^^"^^ 
 received or expended on account of the works s^ \T^ 
 owners of the real property and their tenants\hil , 
 charged with all expenses and shall obtain the benefi 1 
 receipts on account of the works, and such charsres K 
 from time to time, be increased or decreased so th t 
 owners and tenants may obtain the benefit of' any e 
 receipts from this source for the previous year or^*^^ 
 charged with any deficiency. ' '"*' 
 
 (4) In case any person, subsequent to their construe 
 desires to receive the benefit of ^he works, the council] 
 permit him to do so upon such terms as the councO 
 deem just, -.nd may either direct that such person sh 
 charged lor water at a higher rate, which rate the coJ 
 shall fix, or may pass such by-laws as niav be requi« 
 charge the property to be served of sucli' ],ersou J 
 proper share of the cost of sucli works, and 
 other proprietors the benefit. thereof. 
 
 (5) In case a person is dissatisfied with any actiuu ( 
 council under the last preceding sub-section, he mny i 
 time within one month from the passing of the by-la^ 
 plained of, appeal to the Judge of tlie County CVurt L 
 county in which the municipality is situated who) 
 notice to the parties, or such of them as lie ni;iv 
 necessary to represent the various interests, shall coiifi 
 by-law, or direct the same to be varied, and the coufl 
 the event of the Judge deciding that the l)v-la\v shq 
 varied, shall vary the same accordingly. 45 V c '^sj 
 50 V. c. 29, s. 48. " ' " 
 
 Provision 47 — (1) I^ case there are in any township, city, 
 
 o"/ereptiiig incorporated village, water- works under the control] 
 and renting persou or company, tlie nuinicipal council, upon the I 
 of at least two-thirds of the freeholders and hous 
 resident in any street, square, alley oi' lane, or 
 street, square, alley or lane, re[)resenting in value 
 of the assessed property therein, may pass by-la\v8J 
 
 hydrant 
 
MUNICIPAL WATERWORKS ACT. 
 
 703 
 
 I h sums as may be necessary for renting, or erecting 
 
 r''" tin", hydi'^'^ts to be used for the protection of such 
 
 tv and whatever may be thereon, from fire, and for 
 
 i'""^ of the owners and their tenants for snch other pur- 
 
 I ^"^ may be desired, or agreed upon, by means of a 
 r • 1 rate on the said real property, according to the 
 Ced value thereof. 
 
 (•n If only part of the street, square, alley, or lane, is to be 
 
 I I led i" the assessment the council may exclude from the 
 ■ment |)i'Oi)erty the owners whereof object to being 
 
 1 if such property is situated at a greater distance from 
 , hd'raiit nearest thereto, than is the property of every 
 , ' oirrnincr the petition, and the council considers it unfair 
 jjycliproijerty should be assessed. 
 
 iW If hydrants erected under this section are used for the 
 
 cwl purposes of the municipality the corporation shall con- 
 Lue for such use a fair amount out of the general funds, 
 [relief of the said special rate, or make some other equitable 
 
 kaiice to the persons liable to such rate, in lieu of such 
 
 Ibntion. 45 V. c. 25, s. 47 ; 50 V. c. 29, s. 48. 
 
 Iljl In case a petition, signed by two hundred qualified Petition f;>r 
 )rsinincori)orated towns, or by one hundred qualitiedof"water""'' 
 (tors in incorporated villages or in rural municipalities, is^ori^s. 
 silted to the council of such town, incorporated village or 
 iJmimicipality, asking for the construction of water- works 
 yirtlie powers conferred on municipal cor|)orations by this 
 
 iltsliall be the duty of such council to submit a by-law 
 
 [reconstruction of such water- works, to the vote of the 
 
 Lvers of the said town, incor[)orated village or munici- 
 
 ilt'and such council shall, forthwith, prepare a by-law 
 
 fln; the submission of the question, in accordanje with 
 
 eiofthe petitioners, or in such form as may be 
 
 Kiedbythe vote of two-thirds of the members of such 
 
 I, and shall submit the same to the electors for appro- 
 
 [« otherwise, within six weeks after the receipt of the 
 
 1 by the council ; 
 
 yk council before submitting the by-law may require 
 pionere to deposit with the treasurer of the munici- 
 bamount sufficient to cover the probable costof sub- 
 ijtlie by-law to the electors, but not exceeding the sum 
 
 ii vMEWit!ii-fi,.l 
 
'•Miff 
 
 m 
 
 704 
 
 3. 
 
 to I 
 
 R«v. Stat. c. 
 184. 
 
 If by-law 
 itpproTetl 
 
 UOUDCil 
 
 to construct 
 works. 
 
 ProTiiions 
 of Kev. Stat. 
 c. 184, 
 resp«( tioR 
 •luctionB to 
 apply to 
 precediDg 
 two nectioiis. 
 
 Act to be 
 iiirorponit.>J 
 wiib MuDi- 
 clpal Acts 
 
 THE MUNICIPAL MANUAL. r .cl 
 
 [s. 48 3J 
 
 In the event of the by-law receiving the sanction and 
 consent ot a majority of the electors of th<> municipalit %vi 
 the money so deposited shall be forthwith refunded 't 
 petitioners ; 
 
 4. Should the by-law be rejected by a majority of the el 
 •s of the municipality, then the money so deposited shJ! 
 
 forfeited to the municipality, or so much thereof as rn' 
 necessary to cover the costs of submitting the by-law ■ 
 
 5. The power of municipal councils shall not bedeeniedl 
 be abridged by this Act, except as ex|)ressly stjitedherr 
 
 6. The proceedings in taking the vote and the ner 
 having a right to vote, shall be the same as nearly as ma»l 
 as are required by The Municipal Act,'m. case of bv-I 
 creating debts. 50 V. c. 29, s. 51. ^' 
 
 49. If the by-law be approved of by the majority of 
 electors, it shall be the duty of the council to pass theby-lj 
 and forthwith to proceed with the construction of the wol 
 provided always that the council may for any good cauji 
 deemed expedient by a vote of two-thirds of its members, | 
 the works in abeyance until after the next general muni 
 election. 50 V. c. 29, s. 52. 
 
 50. All provisions of The Municipal Act, m so far as 1 
 apply to elections, and to the prevention of corru|.t i)ra 
 at elections shall apply to the preceding two sections e| 
 so far as such Act would be incon.sistei)t therewith 5d 
 c. 29, s. 53. 
 
 51. This Act shall be deemed to be incorporated wid 
 shall be construed as part of the Municipal Acts iioi 
 from time to time in force, (a) 45 Y. c. 25, s, 48. 
 
 (a) See note a to sec 1 of the Assessment Act. 
 
 m ki re 
 
 IftjuM/.V/tBy p. 
 
 IftOPEKlT LlAB 
 IS. 6'-l]. 
 
 [ JicuiptioDS, s, 
 
 SOKA'- 
 
 [ippoiiitment, i 
 
 ! Duties of Asses! 
 
 (ifoJe of Assess 
 
 erty, ss. J.5-3C 
 
 I Hole ot Asse 
 
 Propsrty, ss. ; 
 
 Ifeieral Provisio 
 
 mail Provision 
 
 j; 
 
 [ffilAJESTYl 
 '^'isfctivj 
 
 >« follows;— 
 
 '"^'^^^mm 
 
THK AS8KS8MENT ACT. 
 
 705 
 
 bo Act 
 
 R. S. 0. cap. 193. 
 
 respecting the Assessment of Property. 
 
 I ..v.ryFKOVISIONS, ss. 1-5. 
 
 I jjeniptions, s- i- 
 |ippoiiitment,s9. 12-l.i. 
 
 I Property, ss. 31-41. 
 ^Provisions, 8S. 42-51. 
 Lial Provisions, ^s. r)2-u4. 
 
 fetofRevision.ss 55-67. 
 
 licountyJudge, 88.68-76. 
 
 ■jj^lon-Residents, s. 7/. 
 |Led Copy of Assessment 
 UoixTOBE Evidence, s. 66. 
 LzATioN OF Assessments, 
 
 .E Labour, ss. 87-118. 
 
 nios OF Rates— 
 
 ptment of Collectors, ss. 
 
 &Roll,ss. 119-121. 
 iters' Duties, ss. 122-137. 
 
 LusDsGrANTKD. ETC.BY 
 
 Ifflj Crown, ss. 138, 139. 
 
 (US OF Taxes— 
 
 jjifs of Treasurers, Clerks 
 
 lul Assessors, ss. 140-159. 
 
 koilauds for Taxes, ss. 160- 
 
 ItiiicateofSale and Deed, ss. 
 
 im. . , 
 
 nding unless questioned 
 a two years, s. 189. 
 
 Deed to be valid if sale valid 
 though statute authorizing it 
 be repealed, s. 190. 
 
 Right of entry adverse to pur- 
 chaser in possession not to be 
 conveyed, s. 191. 
 
 Right to improvements when 
 sale void, s. 192i(>l). 
 
 Option of purchaser to retain 
 land on paying its value, s. 
 192 (2). 
 
 Payment into court, ss. 193-196. 
 
 Costs when value of land and 
 improvements alone in ques- 
 tion, s. 197. 
 
 Lien of tax purchaser for pur- 
 chase money when title in- 
 valid, s. 198. 
 
 Contracts between tax pur- 
 chaser and original owner 
 continued, s. 199. 
 
 Application of sections 190-200 
 limited, ss. 200, 201. 
 
 Interpretation, s.. 202. 
 Deficiency from Non-Payment 
 
 TO BE made up by MUNICI- 
 PALITY IN Certain Cases, b. 
 203. 
 
 Arrears in Cities and Towns, 
 ss. 204, 205. 
 
 Arrears in New Municipali- 
 ties, ss. 206-209. 
 
 NoN-REaiDENT Land Fund, ss. 
 210-22). 
 
 Arrears to Form One Charok 
 
 ON liAND, 8. 222. 
 
 Responsibility of Officers, ss. 
 
 223-250. 
 Miscellaneous, ss. 251-253. 
 
 P MAJESTY, by and with the advice and consent of 
 tie Legisl.ntive A ssembly of the Province of Ontario, 
 
 liB follows: — 
 
"P*"!*'! 
 
 I i 
 
 t-m 
 
 ^H^ahiiA*^. 
 
 -mm^ 
 
 706 
 
 Short title. 
 
 Interpreta- 
 tion clause. 
 
 THE MUNICIPAL MANUAL. 
 PRELIMINARY PROVISIONS. ' 
 
 1. This Act may be cited as The Assessment Aa 
 S. O. 1877, c. 180, s. 1. ^ ^''*'- 
 
 Where the words following occur in this Act 
 
 [S. 
 
 («) 
 
 orti 
 
 schedules thereto, they shall be construed in tli 
 hereinafter mentioned, unless a contrary intention a "^^'^i 
 1. " Gazette " shall mean the Ontario Gazette ■ 
 "Township." 2. « Township " shall include a union of town'shios i 
 such union continues ; ' ' ^* 
 
 3. "County Council" shall include provisional cm,« 
 council ; "" 
 
 4. " Town " and «' Village " shall mean respectivelv in« 
 porated town and village ; ^ " 
 
 ■;. " Ward," unless so expressed, shall not applv 
 township ward ; " •' 
 
 6. " Municipality " shall not include a countv • Pal 
 1877, c. 180, s. 2(1-6). J'> it.SJ 
 
 ••Oaiiette.' 
 
 " County 
 Coupcil." 
 
 " Town.' 
 
 " Village." 
 
 " Ward." 
 
 •' Munici- 
 pality." 
 
 « Local llu- 
 nieipality." 
 
 " Property. 
 
 •' Land." 
 " Real 
 Property.' 
 " Real 
 Satate." 
 
 7. •' Local Municijmlity " shall mean and include a a 
 town, incorporated village, or township, as the case mavl 
 48 V. c. 42, s. 2 (3). ""^yi 
 
 8. " Property " shall include both real and pei-sonal i 
 perty as hereinafter defined ; R. y. 0. 1877, o. 180 < 21 
 
 9. "Land," "Real Property," and "Real Estate, « 
 tively, shall include all buildings or other thiii<rs er 
 upon or affixed to the land, and all machineix or 
 things so fixed to any building as to form in law part o 
 realty, and all trees or underwood growing upon the 
 and land covered with water, and all niiues, niioj 
 quarries, and fossils in and under the same, except a 
 
 (a) The Municipal Act and the Assessmei't Act are in }wrii 
 per Gwynne, J., In re Montgomery and RakUjh, 21 U. C. C. , 
 and so ought to be construed together, Hex v. Palmer, 1 La 
 C. 353-355 ; Doe d. Tennynon v. Yarhorowjh, 1 Bing. 24, am 
 were, one statute. Mc William v. Mc Adams, 1 Macq. H, L Ca« 
 see also Per Lord Campbell, C, in Wutarloo v. Dohson, 27 L. ii 
 55. It has been held that a repealed statute in pari materia i 
 existing one, may be referred to for the purpose of coiistr 
 latter. Ex parte Copeland, 2 DeG. M. & (1. 914. 
 
 (b) See as to the construction of an interpretation clause, i 
 sec. 2 of the Municipal Act. 
 
INTERPRETATION. 
 
 707 
 
 w 
 
 nent Act. (a) 
 
 this Act, or 
 I in the man_ 
 intion appears; (I 
 xzette ; 
 
 ' townships, wh 
 
 1,2 10.] 
 
 un^iKT to Her Majesty ; (c) R. S. O. 1877, c. 180, s. 2 
 ph c. 27, s. 8 (1). 
 
 .' Personal Estate " and *• Personal Property " shall " Personal 
 jll ffoods, chattels, interest on mortgages, dividends .pe^onai 
 , ji^gif^ dividends on shares or stocks of other incor- Property." 
 t!d companies, money, notes, accounts and debts at their 
 
 Th leeislature have not been more successful than many per- 
 \ been in giving an exact and correcb meaning to the words 
 
 upon or affixed to 
 mines in and under it 
 
 f^hvioiisly land in any sense. Keys of the mansion, and title 
 
 { the freehold, and titles of honour are realty. lb. The 
 
 ' "nil liridce between Ontario and the state of New York, across 
 
 Sra Falls at CUfton, is "land." lb. See also, Tepper v. 
 
 friMSC, B. N- S. 121 ; Wodmore v. Dear, L. R. 7 0. P. 212. 
 u been helil that the proprietors of water works whose mains, 
 il other apparatus were laid down in and under the surface 
 
 ft fnr while providing that all buildincs, &c., u 
 i ] A all trees, &c., upon the land, and all minei 
 iMihf included in the word land, &c. , it has omitted the land or 
 , ^^■'T If frnm the definition. Per Wilson, J., in Niagara Falls 
 .rovisional coui™,^ itseH^^^^.,. ^_ Gardner, 29 U. C. Q. B. 194-197\ " Real 
 ^^T''''*'"'iloes not always consist of that species of property which is 
 respectively ino 
 
 11 not apply 
 
 county ; R. ^\ 
 
 and include a 
 as the case may I 
 
 1 and personal 
 877,c.l80,s.2] 
 
 leal Estate," it 
 
 )ther things er 
 
 |machinery, or 
 
 11 in law part ( 
 
 'ing upon the 
 
 ill mines, min^ 
 
 same, except 
 
 I Act are in pari i 
 [,jh, 21 U. C. C. 
 v. Palmer, 1 La 
 "i, 1 Bing. 24, anti 
 1 Macq. H. L. Cm 
 |v. Dohson, '27 L. J| 
 I in jnri imkria i 
 Irpose of coustr 
 914. 
 
 retation clause, i 
 
 fi'i inpi-e liable to be rated under 11 Geo. III. cap. 12, as occupiers 
 
 lT\ Red V East London Water Worl-.<<, 18 Q. B. 705; Rerj. v. 
 
 Bwtei Water Co., 28 L. J. M. C. 135 ; Reg. v. Bbmingham. 
 
 \]'r\UihCo., 1 B. & S. 84 ; but see In re Ga.s Co. and Ottawa, 
 
 if'c L. J. loi'; Chehm Water Works Co. v. Boidcy, 17 Q. B. 358. 
 
 Vaj rgprietors of land occupied by a canal and towing path, 
 
 Lj on and belonging to them, as incident thereto and necessary 
 
 LeVcupatiou and use thereof, certain jjosts for fastening vessels, 
 
 (kKl'-es, culverts, and a dry-dock. Reg. v. Orerseers of Neath, 
 
 If ilQ°B, 707 ; see farther, Regent's Canal Co. r. St. Paneras, ',\ 
 
 |g j)^3 >.;o the proprietors of a railway carried forward on 
 
 L ami abutments kt into and standing in land. I/iggiiis v. 
 
 fJiM L. R. 8 Q. B. 7. It has been held by the Court of Appeal 
 
 \lp,,!uikreeiRailtra}/Co. v. Fleming, 37 U. C. Q. B. 11(5 ; reverhi- 
 
 yie decision of the Court of Queen's Bench in 35 U. C. Q. B. 264, 
 
 kithe Tiirouto Street Hallway Company is not assessable for tho.'^e 
 
 s of the streets of the city of Toronto occnpied by them for 
 
 kmoses of their railway as either land or real property, within 
 
 Leamng I'f the Assessment Act. By English statute 30 & 31 
 
 ic, 113, 8. 17, it is declared that the occupier of land covered 
 
 iwater " shall pay to the sewer rate in respect to his propert y 
 
 pourth part only of the rate in the pound payable in respect of 
 
 land other proiierty." Held, as to a company possessed of a 
 
 ^ of filter beds supported on brick arches, and sometinus 
 
 Jwitli water and at other times not. of land used for keeping 
 
 1 :or the filter beds, and of land having therein iron pipes, 
 
 and service pipes, that the canal and filter beds were 
 
 Imered with water, and assessable only at one-fourth the 
 
 ut to be imposed on houses, &c., but that the land used for the 
 
 « of keeping sand, and the land occupied by iron pipes, mains 
 

 708 
 
 THE MUNICIPAL MANUAL. 
 
 " I.a.st 
 revi8ecl 
 MseHMment 
 roll." 
 
 '• Lift of 
 voters." Rev, 
 Stat. c. 8. 
 
 [-• 2 10.1 
 
 actual value, income and all other property, excent 1 
 real estate, and real ])roperty as above defined \ ^^ 
 property herein expressly exempted ; (cO P '« a *''^^''M 
 c. 180, s. 2 (8) ; 43 V. c. 27, s. 8 (2). ^ ' ^- ^- ^' 1«77,| 
 
 [Sub-nt<. II to 15 inclusive were repealed Im ^i v 
 .V. 11, »,ub-s. 2.] ^^ ^•'■29J 
 
 16. "Last revised assessment roll" shall mean th 
 revised assessment roll of a local municipality • ^ 
 
 17. "List of voters" shall mean the alphab-.tical li- 
 referred to in section 3 of The Voters' lAxts Act .ix \j 
 42, s. 2 (7, 8). 
 
 M. 48 V. I 
 
 U iioceapied 
 liiiid to be 
 (lonorainated 
 " lan'ls of 
 non-resi- 
 dcntx," 
 uiilesB owner 
 \a domiciled 
 ill "munici- 
 pality or 
 riHjuires hi.s 
 iiuiae to be 
 entered on 
 roll. 
 
 3. Unoccupied land shall be denominated '• Lands of 
 r(;sidents," unless the owner thereof has a legal doiiiicil"" 
 place of business in the local municij)ality where the ■■ ^ • 
 situate, or gives notice in writing, .setting forth his full'inli 
 place of residence and post office address, to the cleik of tfc 
 inunici[)ality, oi. or before the 20th day of Ainij in e 
 year, that he owns such land, describing it ami veuuiies l 
 name to be entered on the assessment roll therefor ie) wh* 
 
 (d) A steainboat is clearly personal property. /;i re Unit ~ u j 
 L. J. 103. So the interest of lessees of a road compaiiv M 
 Jlepbuni, lb. 46. So insiiranoe preniimiis. Phunix las (,'o| 
 h'iatf.iton, 7 O. 1!. 343. No distinction is to he niiule in resiiec' 
 tiie shares of a company whose Act contains no clause deulaiiiitf 
 the shares should he personal estate. Edivardsy, Unll, (i De(i 1 
 (!. 74; but see Ware v. Cnmher/eije, 20 Fkav. 50.3. See'furthei' i 
 !/ to sub-8. 17 to s. 7. Authority "to tax real and per-sonal \m]m 
 would not, unless expressed to the contrary in the statute, inc 
 money, notes, accounts, debts and choses in action. JoIum 
 LcciiK/ton, 14 B. Mon. (Ky.) 648-661 ; Loiilxrilk v. Htnniwi 1 
 (Ky.) 381 : Brhhjti^ v. driffin, 33 Ga. 113; Pe.opk v. Hiknla i 
 'Jl Am. 704; hnt ^qq , I ack^onville, v. McVonnel, 12 111. 138; /o, 
 V. Oret/OH City, 2 Oregon, 327. Nor would it, unless so exprta 
 give power to tax income. Savannah v. ffnrtridije, 8 (ia. 23 j] 
 see LmniiKj v. Charleston, 1 McCord, (S. Car. ) 34.'5. The inte|| 
 of this Act is that all property situate within the Province, not] 
 land, real estate or real property, and not l)eing exempt undi 
 Act, includiuf/ choses in action and income, shall be taxed as pell 
 estate or personal property. See Dillon on Municipal Corpor 
 3rd ed. sec. 77*2, note 3. 
 
 (e) " What the Legislature meant was to make it the duty 
 
 
id '-Lands ot'non 
 
 I 1 OWNERS OF UNOCCUPIED LANDS. 
 
 I in') J 
 
 I . av be in the form or to the effect of schedule A to 
 
 "'"^ L. / A and the clerk of the municipality shall, on or 
 
 i the 25th day of April in each year, make up and 
 
 to the assessor or aHsessors a list of the persons 
 
 70» 
 
 by 51 Y. ,•. 29,«,;„e(l by 
 
 he 25th day of April in each year, make up and 
 
 ■.'• (T their names to be enteved on the roll, and the lands 
 "*!'", ,"_ ^iiein. (y) It sh.ill not be necessary to renew such 
 
 holier 
 Lvol 
 
 fom year to year, but the notice shall stand until 
 r,i or until the ownershi[» of the property shall l)e 
 
 , (1) When the name of any owner of sucli ""occupied ™'^n{V^ 
 Hnll not have been entered upon the assessment roll inhisname 
 iVct thereof by the assessor, such owner oi- his J\gent shall ';'^,\""^,^ther 
 lu titled to apply to the Court of Revision to have the same "otice given 
 
 to assess all lands in the name of tlie owner, where such 
 
 I ^""^ .«iilc(l ii'ithiii the municipality, and v,as known by the aBSes- 
 
 V'lie 'so resident, or where by diligent eniaiiry tlie assessor shall 
 
 i'l] tiuliscover that he is so resident, but the being in. fact re.- i- 
 
 iMvitiiin the municipality, or having a legal domicile or place of 
 
 fiiDvn i^ made an indispensable condition to the proprietor 
 
 J issessod for the land upon the roll m Ins own name, unless, 
 
 ?ll' being a resident out of the town j), village, iScc, he aluill 
 
 sifiiitied to the assessor tliat he owns such land, and dcsirtis to 
 
 lestcii therefor." Per Uobinson, C. J., in livrlin v. <!ran<i<\ 1 
 
 n '1'!) 284. '{'he assessor cannot legally of himself insert the 
 
 iif'n nnu-resident on the roll. There must, in such case, i)o 
 
 rartiiiiis notice and requirement front the non-resident him.seU'. 
 
 iA^,',i,ij„ioii it follows that the assessor has not (/( ////n.'.v'//autiior- 
 
 rto'iisiTt the defendant'.s name on the roll as owner of these 
 
 .aniodhuuls.'' Per Draper. ('.. I., //) " ' ' 
 
 KClipii'' 
 
 289. "It is not t^> be 
 ^ _ , that it was intended by the Legislature to give 
 liie;i«i'!'siir.s the right, upon their own view of tlie ownershij) of 
 IS til iHit them down upon their roll as the proiM-rty of an 
 iviiliial, resident in another and perhaps a (list end jiart of the Pro 
 
 ami tiius tlu'ow upon such individuals the costs of .'in appeal 
 iitrkps of an action, like the present, in which the ])roduction o'' 
 bvoS the roll is declared- to be evidence of the debt. /Vr Me- 
 kj jn Wfrf(« v. (h-anije, 5 U. C. C. I*. '224. Unless the nanx! 
 Iiiioii'resident owner be legally placed oil the roll, no action will 
 
 ust him for tlie taxes due in respect of Jiis land. If the land 
 Inteil ;is unncoupicd land, w'ithout the name of a non resident 
 Kr.tlie liuul only is liable for the ••imount of taxes. It was at 
 kime belli that the assessment of occupied as unr)ccupied land, 
 Wouiiil for avoiding a tax s.ale. See ..IZ/rrH. v. Fish«.r, 13 U. C. 
 m Smider v. Shihfnj, 21 U. C. C. P. 518 ; Str^H v. Foijall, 'A2 
 ICQ. B. 119; but the contrary is now held. See The liavk of 
 
 ilo V, Fanning, 18 Grant 391; SUve.rthorue v. Vnmphfll, 24 
 
 nt.i;. 
 
 Iklk Furm, dc. See note r to scl.'. 330, of the Municipal Act, 
 ||5«enote g to see. 248 of the Municipal Act. 
 

 
 •^m^m 
 
 feu.-'" 
 
 710 
 
 Real eaUto 
 of Hallway 
 CompanlM. 
 
 Alt taxed to 
 be levied 
 equally upon 
 the ratable 
 property, 
 when no 
 other provi. 
 flion made. 
 
 THE MUNICIPAL MANUAL. 
 
 80 entered, whether the notice in the precedinf^ r f 
 tioned has or huH not been given, and the Court '""^ 
 the name to be entered, notwithstanding .such not' "*^ **" 
 been given, or has not been given by the time i^r ' 
 provided ; '^ 
 
 (2) Or such owner or his agent shall be entitled 'a 
 the time allowed by law for other applications in th ^1 
 to apply to the Judge to have the name of such owne? i 
 upon the voters' lists, whether such notice has or has 
 given ; and the Judge may direct that the same be soTl 
 notwithstanding such notice has not been given or V i 
 been given by the time in this Act provided, 45 V t. ^ 
 
 5. The real estate of all railway companies shalU J 
 sidered as lands of re.sidents, although the eompanv h 
 an office in the municipality ; except in cases wh' 
 company ceases to exercise its corporate powers till 
 insolvency or other cause, (h) R. S. O. 1877 c. ISO I 
 
 PROPERTY LIABLE TO TAXATION. 
 
 6. All municipal, local, or direct taxes or rates siiaii 
 no other express provision has been made in this resr 
 levied equally upon the whole ratable property real a 
 sonal, of the municipality or other locality, accordiiiL' 
 
 (h) Where the owner of lands is non-resident, his name cart 
 a general rule, be entered on the roll unless upon notice! 
 requirement from him to to that effect. See note e to secj 
 railway company, unless it has ceased to exercise its corporatd 
 through insolvency or other cause, is by this section madeanexi 
 Railroad property, whether real or personal, in the absences 
 lation to the contrary, is liable to taxation in the mur 
 situate. See Dillon on Municipal (Jorporations, .3rd ed 
 The Toronto Street Railway Company, is not assessable fort 
 tion of the streets occupied by them for the purpose of their] 
 either as real or personal estate. Toronto Street 1{. W. Co. v. J 
 37 U. C. Q. B. 116. In some cases it has been held that tlj 
 stock of railway companies are fixtures, so as not to pass 
 mortgage of the realty. See Strickland v. Parker, 54 Ma 
 Titus v. Mabee, 25 111 . 257 ; Partners' Loan avd Tru 
 Hendrickson, 25 Barb. (N.Y) 484 ; Farmers' Loan and fn. 
 Commercial Bank, 11 Wis. 207; P/iillips v. Winslow, 18 1 
 (Ky. ) 431 ; but in the absence of legislation to the contrari 
 stock should be held to be person-il property. Randall v. j 
 Am. Kep. 747 ; Stevens v. Buffalo and Neiv Yor!c City S. 
 Barb. (N.Y.) 590; Beardsley v. Ontario Hank, lb. 619, 
 statements to be furnished by railway companies to clerbj 
 -cipalities. See sec. 29. 
 
 mm- 
 
 '^^''' 
 
ceding section i 
 le Court may oi( 
 sucli uoticehasi 
 le time in this 
 
 \ be entitled, v(ij 
 nations in thatbeljj 
 of such ownev enti 
 celias or has not t 
 Lhesamebesoenti 
 een given, or \m\ 
 ided. 45Y.c.2&,j 
 
 ompanies shall bel 
 \\ the company liai 
 cept in cases \i\i 
 t)orate powers, tbii 
 0. 1877, c. 180,8.^ 
 
 TAXATION. 
 
 iaxes or rates i 
 
 made in this vea^x 
 
 )le property, real ftn 
 
 locality, according ' 
 
 MANNER OP LBVYINO TAXES. 
 
 1 value of such, property, (i) and not upon any one or 
 rr i» nf nropeity in particular, or in diflferent propor- 
 '"' R S 0- 1877, c. 180, 8. 6. 
 
 9n is that whenever a council deterniine to raise a 
 
 lit) ^''^ '"f _ ^ certain purpose within the scope of their authority, 
 "k 11 be raised by assessment, to be laid equally upon •^'-- 
 
 ■in sum 1 
 
 the 
 
 Resident, his name cai( 
 unless upon notice j 
 See note e to secj 
 u exercise its corporatel 
 Ibis section made an exi 
 Lonal, in the absence^ 
 Eon in the municipaliti 
 Vations,3rded.Bec.7J 
 I is not assessable tor S 
 [the purpose oitkir I 
 \toStmtlUV.Co.si 
 IVias been held that tU 
 \ 80 as not to vaasj 
 id V. Parker, 54 Ma"* 
 ers' Loan avd In 
 rmers' Loan and in 
 
 kpg V. mnsloi«.^8i 
 Jatiou to the contor] 
 loperty. ^flHdaHv, 
 ■ ^ew York CxtyR- 
 Ko Bank, Ih. 619. 
 companies to clem 
 
 hi m-ove.rtii, according to the assessed value of such pro- 
 
 ,e nmn i ■ ^^g ^^ more kinds of property. Doe d. 
 
 '\'.f fZalon, 9 U. C Q. B. 91. Where a municipal council, 
 
 • f foliowing the plain direction of the statute, by by-law 
 
 tax on wild lands alone, the by-law vas held to be illegal. 
 
 *ava city debt levied exclusively upon the rtal property 
 
 ^ "! P ^y ^,ns held to violate a constitutional provision requiring 
 
 tfll rule of taxation shall be uniform." UtUon on Municipal 
 
 f na ?rd ed. sec. 783. See remarks of Robinson, C. J. , in 
 
 TmilV' Lawjton, 9 U. C. Q. B. 91. So taxation exclusively 
 
 "■ ', ^ (j{ non-residents, or taxation of the same at a higher 
 
 City 
 
 different manner from the land of residents. 
 ^^l Stale, 2 Speers. (S. Car.) 719; Nashville v. Althrop, 5 
 Jr ..Jig^ \ 554 ; see further, Bennett v. Birmingham, 31 Pa. 
 \y It is illegal to attempt to compel the owners of farms 
 vtitliiii cue mile on each side of a public highway to pay for 
 ° macadamizing, and improving it by an assessment upon 
 "knds to the acre. Washington Avenue, 8 Am. 255. The 
 ' tion i» not simply that all municipal taxes shall be levied 
 ?n the whole ratable property, but that all municipal 
 jet taxes or rates shall oe so. In the United States an 
 let has been made to draw a distinction between *' a tax " and 
 aesament." Railroad Go. v. Spearman, 12 Iowa 112 ; Chicago 
 bnierf 34 111- 203 ; Ottawa v. S}tenser, 40 111. 211 ; Baltimore v. 
 iiho. 7 Md. 517. It is, however, there almost uniformly 
 ut a provision requiring uniformity of taxation does not, in the 
 eol express language, apply to rates for local improvements. 
 fc on Municipal Corporations, 3rd ed. sec. 778 ; see, also 
 ito8ub-s. 3of sec. 7. The power of taxation is in general 
 to property within the municipality. Trigg v. Olasgow, 2 
 (Ky,)594; St. Louis v. Ferry Co., 11 Wall. (U.S.) 423. In 
 mentioned case Mr. Justice Swayne said, " The purpose of 
 ijlature in conferring authority of this nature was not to tax 
 tiirough the proprietor, but to tax the things themselves 
 in of their being 'within the city,'" Jb. 431. There is no 
 regards land because of its fixed situs. See sec. 15. 
 regards personal estate, in its nature movable and liable to 
 '{rem place to place, there is much difficulty. If personal 
 at the time of the assessment be actually within the muni- 
 it may be assessed irrespective of the residence or domicile 
 ler. See Dillon on Municipal Corporations, 3rd ed. sec. 786. 
 of a part owner of a steamboat, in the absence of express 
 ij, held not to be taxable where the owner was resident. New 
 iMitkin, 3 Ind. 481. Nor a steamboat belonging to a resi- 
 thecity, iaut registered elsewhere, and only touching at the 
 iiigher trips up and down the river. Wilkey v. Pekin, 19 111. 
 itthe contrary was held in Alabama. Battle v. Mobile, 9 Ala. 
 
 711 
 
 llli 
 
71 
 
 TUR MUNIOtPAI, MANUAL. 
 
 [A 
 
 Jn!p'i;ft;.nd . .7- f •' i;n'P;';-ty in this l^'-"viuc,. shall 1,0 lial.l.t. 
 
 234; Huo fiirtlior, Oakhiiidx 
 
 Sft'(iiiis/ii/> ('n 
 
 M 
 
 IK 
 
 H7ti>/>/f, 3!> (;,il. 112. 
 
 '•(JUll (\l 
 
 'mwslup <^n., 17 Ffow. (U. S.) fiJW ; ,St. ./ox,ph v Av 
 o. 47(5 ; //".'/' V. (r'i)iiiiiii.isi()iurs nf Tdxei^, 2.'} \ v ''>')i 
 > right to tiix Hti'iimbDiitH coming occa.MJoimiiy witiii,, h 
 oi|)ality, whfiv Hiioli HtoiiinlKiiit.s art! ownod liy for ' 
 
 r.-Hi.leiitH. St. Ldiiis V. Fn-ni Co. || Wall (U S \ i-Vf T ""' 
 l.ovh V. Wiiniiiis Fnni Co, 40 Mo. 580. .See fiirt ht" 1 • " "l 
 
 30, and iiotoK thereto. 
 
 'i^ *'t'Cti()I|s 
 
 ij) The property liahlo to tuxntiou in propdrty i,, //,„ /. 
 I'frsoit.'il projiiTty, hiu'Ii as l>iink Htock hclil out, „f tl„. p.. r. 
 therefore liei'ii held not liiilde to taxation JVich/c v n ")""•'•' 
 (;. Q. H. \'2ii; 37 U. C. Q. H. ol. Sto.k'in ,v liank! wlS'i 
 head dUioe at Montreal, was decided to lie proneitv 'onl of n 
 vinee, and an far not lialile to taxatioji. //». " ° 
 
 (^:) The luirden of taxMtioji. when there is no exprc.-H nn.vi,! 
 the contrary, sliould full cfiually upon the wluile ratabif nroi,. 
 the nninieipality. See sec. 0. "As the hunlen of tiixati'm !L 
 fall e.piidly upon all, statutes exempting iicrsons or nionertv nr5l 
 .strued with sr.rietneH.s ; and the exemption Hlioiild he (Icni;,! nJ 
 8o clearly gran'ted as to he free from fair doulit." Sec /;;//« 
 Municipal Corporations, ."U-d ed. sees. 770-778. See jiImi s' 
 l'i,w(ll, L. R. <> Kx. 'Jn ; /,',;/. V. Maijiir of (jidlmm, L.'l! 'f, 
 474; 'l'('lnr<ijrh Lnul Minimj Co. v. ('luanlUiuH nf St! aI,1',H1 
 lb. 47S ; AV//. v. SI. Ui-onya llnion, L. 1{. 7 q, ij, 90 ■ 
 Mnn-tre.dl aii<l Snnitmin il.c SI. Siilpirf, M. \j. R. 4 (V|;' 
 Sii'iirx, «tv., ««f/ /A.: \'ill,iiir of Wdlfrhm. lit. '20.^ Au 
 (•xeini)tion does luit neceasarii,- avoid the hy-law iiy ijestti 
 the equality of the chiirge. Nor is the illegal exeni])tiiiii (jf aj 
 from taxation any ground for an injunction against the coriiofi 
 unless plaiiditi' is tlierehy so injured as to lie conip;!liLMl to paij 
 -stantiiilly more than his proportion of tlie tax. /'(k/*' v, .S7 Lo 
 ,Mo. i'Mi. An omission on tl\e part of an assessor tn Msc.-a ( 
 property liahle to taxation, whether arising from a misappreh 
 of law or nnstake of fact, will not avoid the gt)it;rid assea 
 /\ofih'.v. ,l/<'rVc<*7/,;U (Jid. 43; see also, Williaw.^ v. School . 
 •21 Pick. (Mass.) 7.'); Jjoik/ v. KciioMut, 17 Wis. 284; Jliili \. K» 
 '29 Wis. r)9'.). It w;ts at one time held that the a.s.sesHmpiit 1 
 perty exem])t by law fi'om assessment is so far a nullity :'< toi 
 an appeal to the (Jourt of Revision uimi'ccssary. and tli;^ dji 
 by that Court or tlie County. Judge to the coiitr.ii y cf no bij 
 efleet. (Iri'dt Western /{(li/irai/ v. Jtonse, If) U. ('. Q. B. UlN; 
 V. (frmf iVeMlerii It. IV. Co, 11 U. C. (.). 15. L'd-i ; Sliairv.Sh 
 U. C. Q. B. |43-2; S/niir v. S/iaw, J 2 U. C. C. V. 4.'^tl. 
 authoi'ities have doubted that position. Turouto v. (Iimf 
 li. W. Co., 25 U. C;. Q. TJ. fl70 ; Scraqii v. Cily of hmlw, 28 1 
 Q. B. 203, 271: 28 U. C. Q. B. 457; Nidmim Falk s^ 
 /iridge Co. v. ihmlmr, 29 U. C. Q. H. 194, 200. But th 
 recent authority, has sustained the position. Nidh v. 
 37 U. C Q. B. 51. See further, note n to siib-s. .S of tliis 
 and aec. 64 and notes thereto. 
 
EXEMPTIONS FROM TAXATION. 
 
 Exemptions. 
 
 713 
 
 , .11 nrnnertv vested m or held by Her Miiiosty, or*' P«^o»'«''y 
 _\11 projitiy J J ji belonging 
 
 1 ' 1 any 1»"1'1'*^ body or body corporate, otticer or person to Her 
 
 •"' list f«»r H'"'" ^J»'.)«'*ty> o'" ^o'' *'»« l'"^''<^ "»<^» "^ <^''« P'"0- "''^"*^" 
 "'"" „„.l nlso all i)roi)orty vest(!d in or held by If er Indian inndt 
 
 jj(,.; ami "'■^'■' , * ' •'_ , ,_ , ..•'.« unoccui.icd, 
 
 viiict' 
 
 M V,tv, "'■ '^">' "^''^''" 1"''""°" "'■ ^l^'^^' corporate, in trust for or occupiea 
 ;.,] or occui)it'd by some r)erson in an official capii- 
 
 lortoi' 
 
 tleuho ui'ii'>y tribe or body of Indians, and either <'™«'*"y' 
 
 Icitv. 
 
 Poin'i'ty, wht'ther frceliolil or lenscholil, in the use or occupix- 
 
 !■ the (-'n'"^^"' "'"''' '"^"y ptTson or persons in his or their oHleiivl 
 
 r ' w servants of the Crown, is not asseHsablu. Shmrv. Shair, 
 
 y ( I'.i. 4'"'l> ! SrrnJnr!/ of War v. Tunwlo, 22 U. C. Q. 15. 
 
 -1 ^i, Iiioperty lit-'hl by the Crown and not granted, located or 
 
 1 It 11- as tlie interest of the Crown is concerned. Sfraf v. 
 
 r I V'l' C V. 'ioo; see also Sfrof v. Siinco,', 12 U. C. C. P. 
 
 '.',■<• \ '211 ; A>i.^tiii V. N(//*fo^ '22 U. C. Q. B. 7.*5. Hut the 
 
 luse 
 onto, 
 
 liiL 
 
 V'll & A. '211 ; '■•"■^•''" "^■- ''^''""-w. — U. C. (^ B. 7.*5. Hut the 
 
 r t ,'. iocs "ft say tiiat land which lias once been legally chargeil 
 
 V 11 ii^stssnicnt shall become discharged of it when and bccii 
 
 '15^'pj'jyto possession of the Crown. Srn-et-iry of War v. 7'oro 
 
 \ (). r.. i)'>l. Where the Dominion (Jovernment leased cer- 
 
 tiroiidty for the use of Her Majesty, with the condition that the 
 
 /j ' lit should pay all taxes and assessments which might be 
 
 jj,„ll,t;u()nic due on tlie said premises during the term of tlie 
 
 i;«as I'.t'M ill !i" Jvction against the owners of the pro])crty for 
 
 [liciml'tiixts accruing during tiie time the property was so leased, 
 
 ^ A .„.,i|)tity was exempt from taxation under Con. Stat. L. (J. 
 
 ki i •' iMUiilar to this provision). AttoDKy-dviKral of Cit inula v. 
 
 "iPlviiiyKtl, KiS. C. R. 3r)2. Before the decision of the Mcrsi ij 
 
 A,\ym}\i-nn,M\(\. Jottvi* y. Mormy l)ovh.-<, 11 II. L. C. 4-l.S, an idea 
 
 ijot'lii'iHul that if the occupation were for public purposes or chaii- 
 
 iilpuiiHiscs vliich prevented the occupation being beneticial, the 
 
 matiunwas tliat of the Crown and not ratable. See Sh( pi>artl v. 
 
 fall, 15 C. 15. iS'. S. 3(59 for an example. But in Jo)ux v. Mcr^ii/ 
 
 l, which so far as it went settled th«! law, it was decidfjd that the 
 
 (oi the occupation being for i)ublic purposes did not exempt the 
 
 ffiier from the payment of poor rates ; l)ut that the occujjier was 
 
 Wc proviilcillie derived revenue from the land, unless tiie oecu- 
 
 KiDivasmic on behalf of the Crown — or what may be called an 
 
 isimiot the privilege of the Crown- an occupation for the jair- 
 
 t the government of the ccmntry. J'l r Blackburn, ,)., in Ji'cj. 
 
 \lJlhriiii,L. i;. lOQ. B. 288. See further /.ojy/ VoU'hfstvr v. 
 
 Wl. U. 1 Kx. ;{()S; Lord Ihi'c v. (Irmdull, 1 T. Jb, .'53S; 
 
 hjv, ['"/''' ''-('y of Eilhilmnih, L. It. 1 11. L. Sc. 348; Attoniai- 
 
 U'v.iy«/.;H, L.'R. 3 Ex. 288; 7.V;/. v. MvLkiim, L. 15. 3 Q. 15. 
 
 \j's.f)f (// E<'<('>id(ii V. BUu'kwooil, 2 App. Cas. 574 ; Mayor 
 
 dws.Htmllo}!, b. R. 7 H. b. 477. The Ontario Legislature 
 
 \\iim to tax against a vendee unpatented lands whi'di the 
 
 kive surrendered for the purpose of l)eing sold ; all unpat- 
 
 feikls, whether Indian lands or Crown lands, when once agreed 
 
 VfilJ, Ijtiui,' upon the srnie footing as respects liability to nmni- 
 
^I4l\ 
 
 h^h't 
 
 
 
 
 H 
 
 ii 
 
 If' 
 
 
 
 714 
 
 TUB MUNICIPAL MANUAL. 
 
 [«.: 
 
 But Ifoeuti- 
 pliid not 
 otticially. 
 
 Places of 
 
 2. W liere any proi)erty mentioned in the .., ..,,,li„ , 
 18 occupied by uny porHon otherwise tlmii in ,,,, „tr„, i " 
 (!ity, the occupant shall bo asHeHHcd in resnoct, ili.., .' i "" 
 property itHolf shall not be liable, (m) "^'^^"'.Im 
 
 .'5. Every place of worship, and land im«wl i« 
 therewith, church yard or burying gnmnd. („) |t s i S 
 c. IfiO, 8. G (1-3). .See also Jiev. ^uu., c. 17.( „." ,;, "^' 
 
 cijml taxation. See CAwrcA v. iVjt/o)*, 28 U C (' I' 'ivi~7 ~ 
 15'J ; 5 W. (J. II. 239. ' '**"* ' "* A, 
 
 ' (7h) The exemption mentioned in the i)reoeilinL' mil. s t 
 
 property venteil in or lieUl by Her Majesty, &c. t h,,v ,,„.l''!,'fj 
 an enactment that the orcnpant shall he liahlu to i"'"iiiia| 
 
 a.'<HfM>(iiii'iit, 
 
 vided ho do not occupy in an oflicial capacitv Imt tl> ' 
 itself is not to be liable. See Street v. AV/'/, 1 1 U. (- (; ./'''V" 
 race course held under denuse from the Crown, ia,ut,r",?' 
 interest of the lessee, taxable. Mayor of /iV<, /'„/, ), y ]T i ' 
 2 App. Caa. r)74. A person having the mere iKWHession iuZ\ 
 land vested in the Crown, determinaVde at any niointnt Ins i f J 
 an estate as will fiualify him for ofHco under the ,\Iuuiu' Vl kt 
 is nevertheless rightly assessed under this Act. Iha ,,,,/ / i 
 V. Frizzell, 9 U. C. L. J. N. S. 27. ''' '' ^"'^ 
 
 (h) The question whether or not a place of public worshii 
 exempt from taxation for local improvements was riiistd in //2 
 v. Copeland, 18 U. C. C. P. ITiO, and apparently the court dwiiU 
 favour of the exemption. Wilson, J., said, " The eighth swtitt 
 the Assessment Act is the one which provides how, in tlitab 
 of any express provision to the contrary, 'all nm'nicipiil \m 
 direct taxes or rates are to be levied.' Then section nine prof 
 that ' all land and personal property shall be liable to taxation i 
 ject to the following exemptions.' . . . So that local assessoJ 
 
 that the legislature made any distinction in these exemptions L„ 
 assessments for general and local purposes, lb. IGI, i(j'.\' 
 also City of Montreal v. Cathedral, M. L. K. 4 S. C. 13. In I 
 land it has been held that "a church" is neither a "hoiiM'j 
 " land for the purpose of assessment under the Metropolis M 
 ment Acts, 18 & 19 Vict. c. 120, sees. 105-250; 25 & 2(i Vict, i 
 sec. 77. Aiigell v. Vtstry of Paddington, L. R. 3 Q. B. 714. ( 
 of a cemetery have in England been held liable to be assessai 
 poor rate. Jieg. v. tSt. Mary Abbot's, 12 A. & E. 824; %. v. 
 Park Cemetery Co., L. R. 8 Q. B. 515. " Burying-groimdl 
 this sub-section exempt from taxation. But whether the cxa 
 extends to all " burying grounds," or only those used in con 
 with a place of worship, is a question not yet determined. 
 ther, Broadway Baptist Church v. McAtee, 8 Am. 480; First i 
 tfrian Church v. Fort Wayne, 10 Am. 35 ; State v. Mayor, 
 Newark, lb. 223 ; Boston Seamen's Friend Society v. Mayor, < 
 Boston, 17 Am. 153. 
 
RXEMPTI0N8 FROM TAXATION. 
 
 The biiil'lii'K" '^'"^ grouiidH of aiul iittacli«<l to evory ''"'>"« 
 
 715 
 
 •ducktlontl 
 
 hallR, 
 
 ^tv ooUpK'S '•'*?'* Hchool, or otlu>r incor|K)ratoil NeriiH'MliruUoi'i. 
 ""'^ f ic'ii'iiiiiKi wlmther v<'8t<Ml in a trusUto or otlu'i-wis*', 
 ""[■ , iHsucli huiUliiigH ami grounds are actually \\mh\ and 
 'IbyHUch institution, or if unoccupied, but not if 
 S'S' occupied, (o) 
 . Tvorv itiil)lio Hohool house, town or oity or ♦«\vns]iipTf;»n 
 111 Mint li<)ii**'S K"'"'» houHo or corrt^ction, lock. up Iiouhc, utc. 
 *"' uj,. Iiospitai, with the land attached thereto, anil the 
 lllilil property belonging to each of them. {/,) 
 
 This is iintiin absolute, but a (jualitied exomption, viz: *' ho 
 " jucli buibliiigs ami grounds aro actuully used and oocupied by 
 ' stitution, or if unoccupiod, but not if othurwiuu ocTupied." 
 'Hini>"!i''''ot«Jtl f'"" "'"'^ "^"'^ "'^ clomontary Hohools for tho eduea- 
 !f the poor, and two dwellings erected for tbo teacherH of the 
 L all vwtlid in 11 trustee, were held not to bo exempt under 
 
 >tit 11 4 1- ^ '^' '''• *^^» ^^^^' '^> *'^> from tho payni«'»t of a nito 
 . .„„;„,, of tbo street on wbioh tbey iibutted. Jioirililcli v. 
 IZh Local lioard of Health, L. R. Q. B. 507. See also Yd- 
 \.\\t\'mhn «< t-'''''* '">'"""■" '''' '" Colli) iwyat ion de Notre Dame 1 
 oD 163, 
 
 (I in using tho terms employed in exempting certain buildings, 
 
 iacourt-iiouses, gaols, places of worship and the like, aiul then 
 
 mim tlie real property of some institutions, and the real and 
 
 pjipfoperty of other institutions, the legislature must have had 
 
 tkwtneufture, object and purposes of these buildings and iusti- 
 
 ijii!, Thus; 
 
 r Every place of worship, and land in connection therewith 
 
 church-yard or burying ground. Sub. 3. 
 [Every public school-house, town or city or township hall; 
 courthouse, gaol, house of correction, lo(ik-up house and 
 bublic hospital, mth the land attached thereto, and the per- 
 iod:i1 property belonging to each of them. Sub. 5. 
 IThe provincial penitentiary, the central prison, and the pro- 
 f vincial reformatory and the land attached thereto. Sub. 8. 
 uvery industrial farm, poor-house, alms-house, orphan asylum, 
 house of industry and lunatic asylum, and every house belong- 
 ing to a company for the rofornuition of ofienders, and the real 
 i\i personal property belonging to or connected with the 
 same. Sub. 9. 
 
 Itlegisiature, it will be observed, does not exempt all hospitals, 
 
 jii!v|iiiWic hospitals. Lord Coke says, in Sutton s Cane, 10 Rep. 
 
 Li^it there is no legal hospital except where the poor persona 
 
 iled are themselves incorporated; and he says that where the 
 
 nte succession is vested m trustees to effectuate the purposes * 
 
 biiititution, there is no legal hospital. It seems, clear that a 
 
 lintpital in that sense is not meant where the words ' ' public 
 
 fare used in this section. It is more reasonable to hold that 
 
 I are used in their popular sense, and that any institution 
 
 rf 
 
 
 U31 
 
 i 
 
 ;1, I 
 
 
 ■.^. I 
 
 it- ;ii' 
 
 
 'f!! ti>|| 
 
 ' ' ' 111 ■] 
 
 _ ,,11 i-"'-^ 
 
 iiri 
 
r;^ . 
 
 
 I 
 
 716 
 
 Public 
 roads, etc. 
 Municipal 
 property. 
 
 THE MUNICIPAL MANUAL. 
 
 [s,7 
 
 iq) 
 
 Provincial 
 penitentiarj'. 
 
 Poor hou8es, 
 
 Scioiitifle 
 
 institutions, 
 
 etc. 
 
 6. Every public road and way or public square. 
 
 7 The property belonging to any county or loci! j 
 cipahty, whether occupied for the purposes thereof o 
 cupied ; but not when occupied by any person as JJh 
 lessee, or otherwise than as a servant or officer of tl J 
 ation for the purposes thereof, (r) '^ "^^^ 
 
 8 The Provincial Penitentiary, the Central V-^ 
 le Provincial Reformatory, and the land attacliedTC 
 
 etc '^ E^'^^'T industrial farm, poor house, alms house orr 
 
 asylum, house of industry, and lunatic asylum and 
 house belonging to a company for the leiorniation'oioffen, 
 and the real and personal property belongiurr toormn, 
 with the same. R. S. O. 1877, c. 180, s 6 "(4-9). 
 
 10 The property of every public library, media nics 
 tute, and other jmblic, literary or scientific institution u 
 every agricultural or horticultural society, if actually occni 
 
 which, though not in a strictly legal, might in a pori^ 
 called a public hospital, may claim exemption. See Lord ( 'I 
 v. Kcinir}/, L. R. 1 Ex. 368 ; In re Appeal of Sistem of Char 
 Ottaiva, 7 U. C. L. J. 157. See also Wylkv. City of'Vm.t^l 
 S. C. K. 384 ; Needham v. Bowers, 21 Q. B. D. 436. ' 
 
 (q) Public squares are as much public property as palilic loa 
 A\'ays, and cannot, without a breach of trust, be applied to • 
 inconsistent with the purpose of their dedication. See (/«* 
 Canada Co., 4 Grant 632; Attorne)/-Ge)ieralv. OWovVA, 5 Grai 
 Afiornpy-General v. Bratitford, 6 Grant 592; A(tomey-o'n 
 Toronto, 10 Grant 436; Wyomlnc, v. Bell, 24 Grant 564- /.V Pt„ 
 the To>m of Call, 47 U. C. Q. B. 211. They are exeinpt from] 
 tion. See In re Hamilton and the TownxJdp of Blddulnh isl 
 N. 8. 18, ' ' ■ 
 
 (/•) There could be no object in the council levying taxes oni 
 property. Hence, whether occupied for the purposes the 
 unoccuined, such property is exempt. The pro))erty of tlie] 
 p.ility is not in any proper sense taxal)le under general ta 
 I\'opli' V. Salomon, 51 111. 37 ; Directors oj the Poor v. Kchi 
 tors, 42 Pa. St. 21 ; Inhabitant'^ of Worchesfer Countiix. Mai 
 of Worchesfer, 17 Am. 159. But this exemptidu i.s not held to:| 
 to property of the municipality, not for the purpose of carrj 
 municipal government, but for the profit or convenience of its ( 
 individually or collectively. Loui-iville v. Communmallh, 
 (Ky. ) 2!)5. It is not declared by our statute that the occii 
 the niunicipality, when occupying for the purposes of gain, j 
 exempt from taxation ; but the contrary ajipears. See nota' 
 to sub-sees. 1 and 2 of this section. The words of the el 
 are apparently wide enougli to include property belongiuj 
 municipality and situated in another. 
 
..,1 EXEMPTIONS FROM TAXATION. 
 
 h society, and all the lands and buildings of every com- 
 
 f lined under the provisions of The Act respecting Joint 
 
 "'■! Cginpanies for the erection of Exhibition Buildings, 
 
 f the council of the corporation in which such lands and 
 
 ir ff« tire situated consents to such exemption. Is) R. 
 
 of.', c. 180, s. 6 (10) ; 51 V. c. 29, s. 2. 
 
 11 The personal property and official income of the 
 nor-General of the Dominion of Canada, and the official 
 '^^ oftlie Lieutenant-Governor of this Province. E. S. O. 
 J{1 180,8.6(11). 
 
 .) The houses and premises of any officers, non-com- 
 'ioned officers, and privates of Her Majesty's regular Army 
 L'avT iu '"actual service, while occupied by them, and not 
 sfdili" 82000 in value "nd the full or half pay of any 
 ' in either of such sarvices ; and any pension, salary, 
 Bitv. or stipend derived by any person from Her Majesty's 
 Mriai Treasury, and the personal property of any person in 
 [naval or military services, on full pay, or otherwise in 
 I'seivice. {t) 49 V. c. 38, s. 1. 
 
 \]1 pensions of $200 a year and under payable out of the 
 £ moneys of the Dominion of Canada, or of this Pro- 
 
 7ir 
 
 Personal 
 property of 
 OovernoriJ. 
 
 Land occu- 
 lted by 
 military or 
 uaval offlcers 
 and their 
 pay, salaries, 
 pensions, 
 etc. 
 
 Property of 
 officers on 
 full pay , 
 
 Pensions 
 under $200. 
 
 .■opei'ty as public roadi 
 
 list, be applied to all 
 
 lcdicati<in. See (.'i«i 
 
 l\. G'of/cWf/i, 5 Gran^ 
 
 592; AUorM]j-(-vr\». 
 
 •4 Clvant 564; Rt ?» 
 
 |hcy are exempt t'loml 
 
 ,,s/ii^) o/ Bklihli>K 131 
 
 lUe property of every public library, mechanics' institute, and 
 ImlJic literary or scieutific institution, appears to be absolutely 
 Vt'buttlie property of an agricultural or horticultural society 
 Pi company formed under Rev. Stat. c. 162 appears to be only 
 
 Mallv exempt. A society in the town of Bradford, consisting 
 ■iumlfcd members, each having a share in the institution, and 
 liskinc annual contributions to its funds, the primary object of 
 \ikty being the formation of a library for books of all descrip- 
 
 lillowed to be used only by members, was held exempt frOm 
 
 Lumler Eng. Stat. 6 & 7 Vic. c. 36. Re^. v. Bradford Lib- 
 
 MUf.rary Society, 7 V/. R. 36. 
 
 lliepliintifF, a major in the regular army, went on half pay, 
 Iwli the consent of the Horse Guards, accepted the position of 
 B Adjutant-General of Militia, under the Dominion Govern- 
 [kriom his duties were prescribed and with a salary and 
 lies, iududiug rent, pdyable by them. Held, that during such 
 tent lie was not an officer of Her Majesty's regular army in 
 bmce so as to exempt from taxation the house which he 
 knU V. KiiKjdon, 26 U. C. C. P. 526. 
 
 ale ti'/ pensions derived by any person from her Majesty's 
 J treasury are by the preceding subsection exempt, none but 
 lot ?'20O a year or under, payable out of the public money 
 
 iDominion or Province, are here made exempt. See Reg. v. 
 
 V/iii't/VJoo/, 8 A. & E. 176, as to the construction of such a 
 
 '% 
 
718 
 
 Grain, etc., 
 in transitu. 
 
 THE MUNICIPAL MANUAL. 
 
 b- 7 uj 
 
 duce 
 
 14. All grain, cereals, flour, live or dead stock tl 
 ce of the farm or field, in store or warehoiKiP a ' i ^^' 
 
 time owned or held by or in the possession ofT^f ^^ ^^^ 
 
 any municipality, such person not being the producer tl 
 and being so held, owned or possessed solely for the \ 
 purpose of being conveyed by water or railway for sp"' 1 
 
 K. S. 0. 1877 
 
 c. ISO. 
 
 or sale at some other place, (v) 
 (13, 14). 
 
 Kurrn horses, 14a. All horses. Cattle, sheep, and swine, which ar 
 "*■" and held by any owner or tenant of any farm and^^ T 
 
 such owner or tenant is carrying on the general '{m ■' 
 farming or grazing. 51 V. c. 29, s. 3. ^^^^ ' 
 
 : 15. The income of a farmer derived from his fiim 
 the income of merchants, meclianics, or other ])er,sons 1 ■" 
 from capital liable to assessment, (id) ' ^'^^^ 
 
 16. So much of the personal pro])erty of any person asJ 
 invested in mortgage upon land or is due to him on uccon 
 of the sale of laud, the fee or freehold of wliich is vested I 
 him, or is invested in the debentures of the Dominion I 
 Canada or of this Province, or of any municipal corporati 
 thereof, and such debentures, (a;) 
 
 Incomes of 
 farmers, etc. 
 
 Personal 
 property 
 secured by 
 mortgage, 
 or ProvinciH 
 or Municii'i 
 debenture-^. 
 
 provision. A Provincial Legislature cannot impose a tax on i 
 official income of an officer of the Dominion Government Inn 
 V. Ottawa, 2 A. R. 522. See also Coutes v. Town of 'jfowtl 
 New Brunswick Rep. G05. 
 
 (?•) The exemption would appear to cover produce held in a ma 
 pality for the purpose of transit, when thehokler ia not the pro 
 thereof. 
 
 {>v) The Act of 1868-9 only exempted "the income of a {g 
 derived from his farm." This, prob'bly M-as on the fjroninl th 
 farm was taxed, and so it wouhl be unfair to tax I)otli the fan 
 the income derived from it. IJut imtil 24tli Duoeniber, ISlI! 
 was nothing to exempt the income of merchants or others d« 
 from capital, although the capital was taxed. 'J'hen the ."o \1 
 27, s. 2 was passed, declaring " that subsection 14. of seitiiii 0( 
 .'iaid Act be amended by adding the foIloMing words thereto •, 
 the income of merchants, mechanics or other persons fh/iiril 
 rap'itdl liah/f to assrsanu i)f.' " In the United States it was lieh 
 ])ower "to tax all real and personal estate within the corporntel 
 of the city," did not confer authority to tax income. Sni-nn 
 Harlridiie, 8 Ga. 23: but see Linnhuj v. Chark-<ion, I Mi( 
 Qav. 345. Or to tax ca])ital employed in merchandise distiiioi 
 the articles of pi-operty in which the capital was invested. 
 2mlitij V. Johnston, (i La. An. 20. 
 
 (x) The reason of the exemption as to mortgages is, that tli 
 
 V. 
 
 |i«fiiiiiiH(.';[ia 
 I my l)f o.voi 
 
 fi'kiiri-, ') ( 
 ["property 
 hntbrity to 
 Ihaslielil n 
 |lv a citizen o 
 itiielieaddtii 
 
 
 liispresimiec 
 Itei.aiiilrea 
 ►iiiiifipalit}' i\-Ji 
 isessine 
 t fill exempt 
 
 i should thi 
 
 
 '"'^sftai m,. 
 
 ■r'**'. a 
 
EXEMPTIONS PROM TAXATION. 
 
 71& 
 
 I stock, tbe pi-fl 
 ouse, and at anji 
 of any \)evson in 
 producer there 
 for the hona^ 
 way for shi|)menl 
 1877, c. 180, s. 
 
 i, which are ownel 
 r farm, and whel 
 ;eneral business i 
 
 from his farm, 
 ,her persons devivl 
 
 of any person iuj 
 e to him on iiccoD 
 )f which is vested] 
 of the Dominiottl 
 iMuicipal corpovati 
 
 impose a tax oa ] 
 )ovevument. L'jw 
 
 oduce held iu a mtt 
 der is not the pro 
 
 the income of a 
 on the gvouml th 
 tax botli the fan 
 , Dueemher. ISlW, 1 
 •liants or others d« 
 I. Then the 33 \1 
 ou U. of section 9( 
 ng words thevutoa 
 iier persons (ler'im 
 il States it was hei 
 ■itbiutheoorpovatej 
 lax income. Sayar 
 \charle-<fon, 1 ^IcC 
 herchandise distnifl 
 il was invested, 
 
 Lrtgages i8. 
 
 that m 
 
 l*"^'" !• but any interest, dividends or income derive;! 
 
 ' shall be deemed to come within and to be liable to 
 ^siueiit under section 31 of this Act. (?/) R. S. O. 1877, 
 
 The shares held by any person in the capital stock of 
 • innrated or chartered bank, doing business in this 
 
 '"'™' c such shares held by any person resident in this 
 
 Iprovince 
 
 ,l80,s.6(l->17) 
 
 u The stock held by any person in any incorporated 
 V whose personal estate is liable to assessment iu 
 fi-iuce. 49 V. c. 38, s. 2. 
 
 (1 The stock held by any person in any railroad comi)any, 
 
 I .,,es in building societies, and so much of the personal 
 
 ■tv of any person as is invested in any company incor- 
 
 L te,l for the purpose of lending money on the «ecurity of 
 pstate" but the interest and dividends derived from 
 sill such building societies, or from investments in such 
 ,s aforesaid, shall be liable to be assessed, (z) 
 
 Dividends 
 only of Bank 
 Stock to be 
 assessed. 
 
 Stock in 
 companies. 
 
 Ilnilroad and. 
 buildings 
 
 society 
 stock. 
 
 iiiaiiies ii.s 
 
 on which the mortgage security rests, is subject to taxes ; and 
 lunnf the exemption of (government and ISIunici^ il debentures 
 iluce versons to invest in those debentures:, and so keep up as 
 
 ■tow 
 
 sDossihle the price tliereof. But interei^t on mortgages, when 
 ..j.t a portion of a person's income, is apparently not exempt. 
 isiiks. '2(5 of this section, 
 
 , III fi)g United States most of the bank charters are granted 1 ly 
 fLeiiilatiu'fS of the several States. These Acts of incorporation 
 
 !re looked upon as contracts l>et\veen tbe individual stock- 
 iffsaiul the State. O'Donncllw. Haiku, 24 Miss. 380. If tlic 
 feLeiidature provide in the Act of incorporation that there sb:ill 
 hue but State taxes imposed on the bank, a municipal tax Avouhl 
 ^[ati Banh of Tm/inua v. Mudl'^on, 3 Ind. 43. But when; 
 iiijno such provision in the charter of incorporation, a power to 
 hnmiiiiipal taxes, when conferred by Act of the State Logisla- 
 lw lie exercised. Providence Hank \, Bi//iii(i-'<, i Peters (U. 
 h\:Oor(Joii y. Appcdf Tax t'oarf, 3 How. (U. S.) 133; (lordoii 
 
 SiiiWJf. 5 Gill. (NId.) 231. If tbe oidy power conferred weiv 
 L"proporty witliin the limits of the city," tliat Avould not 
 tsiitliority to tax bank stock. Saraimah v. //arfr'«l;i<\ S (!eo. 
 Jl!ff;i<lieid nndcr the Act of 1873, as amended, that the stociv 
 llvacitizen of Kingston in the ^lercbants' Bank of Canada, of 
 
 itiiehe.id otilce is iu Montreal, is not taxable in the Province of 
 
 Bio, Xldkx. Doiujlas, 35 U. C. Q. B. 126 ; 37 U. C. Q. B.5]. 
 
 lis presumed tluit as tbe interest and dividends of building 
 
 s.aiul real estate loan companies are liable to assessment in 
 
 Licipality wliere they are situate, see sees. 34 (1), 3'i (2), that 
 
 assessment has l)cen paid by the companies the stock - 
 
 tsTill exempt from any further assessment on account of such 
 
 i should they reside in another municipality. Though the 
 
 r 
 
720 
 
 THE MUNICIPAL MANUAL. 
 
 [s.7: 
 
 XX . ^^' ^" Pf'T^ P'^Pf *y ""^"e^ \' °^^»e(i out of this p« 
 
 owned out of vmce, except as hereinaiter provided, (a) " 
 
 the Province. ^ ' 
 
 Personal 
 propertj- 
 equal to . . ^ ^ ^ . - wi Bi 
 
 debts due. perty, except such debts as are secured by mort^a 
 
 21. So much of the personal property of any pe- 
 equal to the just debts owed by him on account of si?i ^^ 
 perty, except such debts as are secured by niort^a^e 
 real estate, (b) or are unpaid on account of the v^^ 
 
 Personalty 
 under 9100. 
 
 the same is under $100 in value, (c) Rs' O I'^T"''' la 
 
 Personal 
 earnings not 
 exceeding 
 $700. 
 
 '^ 
 
 money therefor. 
 
 22. The net personal property of any person 
 e same is r '' '"'^"'^ '" " ' /. ~ - 
 
 8. 6 (18-21). 
 
 23. The annual income of anv person flp»Mvo,i c 
 personal earnings; {d) provided the same does not «v 
 $700. (e) 50 V. c. 32, s. 1. ^^ ^•^''« 
 
 st.>ck held ift railway companies is declared exemijt by th' 
 section by section 34 (2), the sharsholders are liable to is-Tp'-^ 
 upon the income derived from railway companies. ' " 
 
 (a) See note a to first paragraph this section. 
 
 (6) If what a man owes on account of his personal estate be J 
 to or exceed the amount of his personal estate, his personal est r 
 exempt from taxation. This is because it is luifair to tax a 
 upon that which he does not really own, and cannot l)e said reilli 
 own so long as he owes the price of it. The exception is •.vliera 
 debts are secured by mortgage on his real estate, or are unniidl 
 account of the purchase money therefor. ^' ' 
 
 (c) So much of the personal property oi any person as is ediui 
 the just debts owed on account of such property is to be de/luri 
 from the value of his personal property. Sub-s. 21 to tliis sec 
 the balance is his "?/*(! personal property." If the latter be 
 
 .•:^100 in value, it is exempt from taxation. As to iid personal 
 perty when applied to income. See sec. 31. 
 
 (d) " Income," when applied to the income of a commercial! 
 ness for a year in its natural sense is the balance of fain over 1 
 Sec Lawle>i>i v. SuUivc.d, G App. Cas. 373, and the easels there oil 
 
 (c) Tliis subsection is not easily distinguished from the subsa 
 which follows it. It is submitted that the following may be j 
 oonstruction 
 
 1. Where the annual income of any person derived from Iiia 
 sonal earnings does not exceed S700, he is absolutely exempt 
 amount of his personal earnings, whether lie has a larger 
 income from other sources or not. 
 
 2. Where the annual income of any person [not derived froi 
 personal earnings) does not exceed .Si, 000, he is absolutely exert. 
 the amount of $400, whether ho had a larger annual income d| 
 from his personal earnings or not. 
 
 3. Where the annual income derived from personal ea 
 exceeds $700, or where the annual income derived from other I 
 sources exceed $1,000, there is no exemption in either case. 
 
EXEMPTIONS PROM TAXATION. 
 
 721 
 
 necl out of this Pp 
 
 I'M 
 
 Thp annual income of any person to the amount of income up 
 J ",idedthesamedoesnotexceed$l,OOa (/) Any per- '° ^'''"°''- 
 
 i ed on tlie roll as a wage-earner shall be entitled to 
 ''"'^''\iHoa provided for in this sub-section in respect of 
 *'i or income, (g) K S. O. 1877, c. 180, s. 6 (22) ; 
 rf27,s.4;49V.c.38,s.6. 
 
 .1' The stipend or salary of any clergyman or minister of Exemption 
 Jin while in actual connection with any church, and ^t"Ji"d','.''"' 
 ' such clergyman or minister, to the extent of 
 
 1,1)00; 
 
 •incl the parsonage when occupied as such or unoccu- 
 
 ■'■ . ' 1 if there be no parsonage the dwelling-hcjse occupied 
 
 ' ' with tlie land the reto attached, to the extent of two 
 
 '"'lid not exceeding $2,000 in value. This sub-section 
 
 ^ ot apply to a minister or clergyman whose ordinary 
 
 01. calliu" at the time of the assessment is not clerical 
 
 ? 1)6 may do occasional clerical work or duty. 43 
 
 ['is. 12. 
 
 ,,. ngjjt^^i or other income derived from real estate, Rental of 
 lijit interest on mortgages, (h) l^^] «"'«""• 
 
 ■I- Household effects of whatever kind, books and wear- Household 
 ;;p,rel. (0 R. S. 0. 1877, c. 180, s. 6 (24, 25). f^^l.t. 
 
 s, Vessel property of the following description, namely : ^^^g^,^ 
 hoats sailing vessels, tow barges and tugs; but the 
 e earned by or derived through, or from any such 
 \- jhall be liable to be assessed. 49 V. c. 38, s. 3. 
 
 lotie 
 
 I this construction of the clauses be correct, the exemption 
 Lbv the Legislature may in some cases be considered liberal. 
 li person with an income of §700 from personal earnings, and an 
 
 il income of .'?1,000 from mortgage investments would be only 
 for?600 of his total income of $1,700. 
 
 II See the previous note. 
 
 I The latter part of this subsection is now obsolete owing to 
 Ualof the other provisions of the Act relating to wage-earners. 
 llVictc. 29, sec. 11 (2). 
 
 jlithe owner of land were taxed for the land according to its 
 [.md also taxed for the rental which he received as income 
 lit, be would be twice taxed. A person so situated was doubly 
 jEilerthe Act of 1859, and so the law continued till ISfJS, 
 fitwas altered by tliis sub-section. The principal secured by 
 ige is exempt. See sub-s. 16 of this section. 
 
 [JI wearing apparel is, under this sub-section, exempt from 
 V This would, probably, be held to include articles of 
 
 ' t in ordinary use. Montaijue v. Richai'dson, 24 Conn. 338 ; 
 
 tVP/a//, 33 N. H. 345. 
 
 / 
 
ft 
 
 "i:: 
 
 1 1 
 
 
 I 
 
 722 
 
 THE MUNICIPAL MANUAL. 
 
 [«., 
 
 The oase of 
 
 inuome 
 
 exe 
 
 from 
 
 ment 
 
 ouie . 8- Where any peraon derives from some trade offio. 
 mpted ing or profession, an nicorae which is entitled 1 i 
 m assess- exemption from assessment, he shall not be bound i 
 
 himself of such right to exemption, but if he think V^ 
 may require his name to be entered in the assessraeutVii' ' 
 such income, for the purpose of being entitled to vote it iJ 
 tions for the Legislative Assembly (j) and municinal 
 cils, and such income shall in such case be liable to !■ ^■'^ 
 like other assessable income or property, and it sli 11 1 
 duty of the assessor to enter the name of such x)fvln -^ n 
 assessment roll, (b) R. S. O. 1877, c. 180, s. 7. '^"'« 
 
 wuhin but 9. AH real property situate within but owned out of i 
 owned out of Province, shall be hable to ''Assessment in tiae same m;u 
 Ontario to be and Subject to the like exemptions as otliei- mil n. j 
 
 assessable. . .•' . . „ , , . . ^^ /.^^ ^ ^^''^l pi'opei 
 
 under the provisions ot this Act. (k) R. g. Q. 1877 . TJ 
 s, 8. ' • 
 
 Personalty 10- All personal property within the Province in the i 
 
 ngenTfo?' °*"s«^ssion or control of any agent or trustee for or on behah 
 
 Don'resiUent any owuer thereof, who is resident out of this Province a 
 
 «rses8abie ^^ ^^^^^^^ ^^ assessment in the same manner and subj J 
 
 the like exemption as in the case of the other personal n] 
 
 erty of the like nature under this Act. (/) R ,S If 
 
 c. 180, s. 9. / • • . K 
 
 ij) x'ersons may now vote at imuiicipal elections in resne 
 income although not possessed of real or personal iiroijurtv ofl 
 kind. Representation and taxation are said to bo corielativftl 
 would be unreasonable to exempt a man's income from taxation! 
 yet give him the right to vote in respect of his income. The ex 
 tlon is a privilege. If the person who is entitled to the i)rivil8 
 fit to M'aive it and submit to taxation his rigjit to vote folWaLl 
 51 V. c. 4, s. 2, property or income cpialilication of voters as rei 
 the Legislative Assembly, is al)olished, except in certain el( 
 districts Avhich shall from time to time have no assessment; 
 voters' list where the same projjerty and other (j[Ua!ifiuati(m3| 
 existed prior to the passing of that Act are continued. Hi. sa 
 
 {h) Real property is governed by the lex ni .•iita'. Itis, tlijj 
 subject to the law of taxation in the place where situate rea 
 of the place of residence of the owner. 
 
 {I) "As regards personal property of a visible and tangible J 
 such as cattle and chattels in the popular Bense the ten 
 which are capable therefore of an actual situs, and diffon 
 from land in the fact that the one is immovable, the] 
 movable from one place to another, there is very little 
 Both are ecpuilly protected by the laws of the country wl 
 are situated, and both are justly chargeable with a ])roportia 
 local burdens of the place in which they happen to be, acco 
 
 mmM,»^. 
 
 ^imM 
 
1 trade, office, c»a 
 ititled by law 
 be bound to av 
 f he thinks lit,! 
 assessment roll : 
 tied to vote at el«| 
 id municipal cou 
 >e liable to taxati 
 , and it shall he ■ 
 t' such person iu tl 
 
 0, a. 7. 
 
 ut owned out of I 
 in the same mat 
 other real propel 
 
 1. S. 0. 1877, e. ij 
 
 e Province in the i 
 tee for or on helia 
 of this Province, 
 lanuer and subje 
 e other personal pi 
 ct. (0 1^. ^. 0. \i 
 
 1 elections in respe 
 
 ipersonal pvo))evty o{| 
 
 Ivid to 1)0 corieliitive 
 
 .ueo-.ue from taxation! 
 
 his income. The exi 
 
 lititled to tlie pviviled 
 
 gilt to vote follows!] 
 
 jation of voters as « 
 
 pccept iu certain cle 
 
 lvc no i\sses!,nieut 
 
 )ther (lualiticatiims,' 
 
 contin\ieil. /''. s9' 
 
 y,.; s,V(i'. It is, the 
 |e where sitnite re§ 
 
 I'isibleandtangiluei 
 lular senRc tlie tc 
 ll situs, and diftVvin 
 lis immoval)le, tliej 
 Ve is very little ilir 
 [i the country wh« 
 L with a propovtior 
 kiappen to be, accoB 
 
 lit 
 
 PREPARATION OF ASSESSMENT ROLL. 
 
 723 
 
 The exemption to which certain officers connected Exompfion 
 iiA Superior Courts were, at the time of their appoint- offlTers'of 
 , and on the 5th day of March, 1880, entitled by statute l^^^' 
 
 & of their salaries, is abolished as respects all persons abolished ae 
 •'td by the Lieutenant-Governor to such offices after appoint 
 ""•(l 5th day of March, 1880, or hereafter, and continues nwnts 
 "'Lf of such officers only as were appointed before that 
 ''^3V.c.27,s. "=■ ------ 
 
 ires] 
 loin 
 
 5 ; 50 V. c. 7, s. 19. 
 
 APPOINTMENT OF ASSESSORS AND COLLECTORS. 
 
 ISeealso Rev. Stat. c. 184, ss. 254-257.) 
 
 Iu, The council of every municipality, except counties, ^^'I'^^^l^ 
 111 iDDoint such number of assessors and collectors for tors to be 
 Jfjcipality as tliey may think necessary, but no asses- ^PPO'^^ed. 
 I pnllector shall hold the office of clerk or treasurer, (m) 
 
 s!o 1ST7, c. ISO, s. 10 ; 44 V. c. 25, s. 12. 
 
 Such councils may assign to such assessors and col- Municipality 
 Js the assessment district or districts within which they "vftied into 
 
 act, and may prescribe regulations for governing them j-;™,'"'. 
 kqirforniance of their duties. R. S. O. 1877, c. 180, 
 
 DUTIES OF ASSESSORS. 
 
 (,S>e The Manhood Svffrage ^c<, 51 V. c. 4.) 
 
 (1) The assessor or assessors shall prepare an assess- Aseesment 
 iroll, (») in which, after diligent inquiry, he or they f°JI^'_"jf^f 
 
 tints, etc. 
 
 L'principles of taxation." Per Burton, J., in Niclcle v.^DowjIai*, 
 y.Q.B.60. 
 
 IMS. 2.')4 nf the Municipal Act. The treasurer of ])laintlflfs, 
 
 K also clerk, was in that capacity permitted by resolution of 
 
 1 to retain the collector's roll for three months and he was 
 
 da percentage on moneys received by him for taxes. In an 
 
 i©iii5t liini and his surety, it was held that that temporary 
 
 iwas not of such a nature as to terminate his duties as 
 
 !tl))'neeess»ry implication, and that when the money came 
 
 inds with which he charged himself as treasurer, the respon- 
 
 Litlie surety began, but that the latter should not be charged 
 
 fc turns whicli did not appear in the books of the former as 
 
 kr.aiul which were referable to taxes otherwise received by 
 
 \\lkf.ofWii<ton v. Conroii, 15 O. R. 595. 
 
 (assessment as respects real property, is the mode provided 
 
 taining tlie actual value thereof. Unless followed by the 
 
 feiof a rate, it creates no liability. None of the methods 
 
 Iwtbythe statute for the collecting and enforcing payment 
 
./ I, 
 
 724 
 
 Names of 
 residents. 
 
 THE MUNICIPAL MANUAL. [s li I 
 
 shall eet down according to the best infomnt; 
 liad— (o) ^"'" ^' 
 
 1. The names and surnames in full, if t;),^ 
 l)e ascertained, of all taxable i)erson3 resident in tl '" 
 cipality who have taxable property therein nv in fi i''"^" 
 lor which the assessor has been appomted • In) 
 
 of a rate can apply luitil a rate has been actually imnnar i /. 
 V. Taylor, 23 U. C. Q. 1'.. 454. "There ia no /ebt K rlv l" 
 incin-red until the rate on the dollar is imposed, for uiitil th * 
 amount to be paid is not known, although the person an 1 tl "* 
 ])erty assessed are charged from the time of notice of the as •"^ 
 lor such sum as may afterwards be rated against, or imnosT''!! 
 the value of the property so assessed." Jkrumt'y \, fjly^^A 
 200, 211. But the assessment roll, when completed is the f J 
 tion of all proceedings with a view to elections or' taxatifm S 
 sec. 49. And all copies and lists ought to correspond witli it 
 it is the primary or original roll. Per Adam Wilson J i., /J 
 tr.nhormuih v. McLean, 14 U. C. C. P. 180. But while thiSkl 
 there is no special provision whatever declaring it to )« an oW 
 to add to or alter such a roll. Itaij, v. Praton, 21 U. C (> Rl 
 An assessor is not bound to enquire into the trusts upon wlii h h 
 are held, but to view each man's premises, and to find out \vhS 
 or not he is assessable or whether or not he comes under any o?l 
 exemptions allowed by law. Franchon v. St. Thomas 7 f r -' 
 245. ' 
 
 (o) It is no excuse for an assessor departing from tlie lual 
 ticns laid down for his guidance to say that some mcmlx 
 members of the municipal council ordered him to do as hej 
 J lis acceptance of the office obliges him to fulfil tlie duties i 
 the statute attaches to the otiice. No municipal council has i 
 to override the positive regulations laid down ]>y the statute, 
 honest performance of the duties prescribed is essfitial to tin. 
 good of all the ratepayers. If the property, real or personal, ofi 
 i-atepayers be undervalued the burden of other ratepayers is th 
 increased. The amount to be levied is distributed anionf'thea 
 ratepayers according to the assessed value of their property, rf 
 personal. Property assessed for less than its value escapes it 
 proportion of the burthen of taxation, but as the whole aniomit 
 taxed cannot be altered, other property must bear more than n 
 jiroportion. See sees. 225 et seq. for penalties impo^sed on aa 
 neglecting their duty. 
 
 {})) "Taxable persons " may be either residents or "non-rcsid 
 who have requested their names to l.-e entered on th? roll. Thei 
 and surnames, in fall, of all such pe -sons (if the same can lie i 
 tained) should be entered on tl.e roll. Tliere cannot 
 much particularity in this respect. The roll is, as it 
 judgment roll, the highest evidence of a debt, recoMiah 
 Ijrocess of a most summary character. p]ven tlie desciiptj 
 persons on the roll as executors or trustees does not absolvi 
 trom personal liability for taxes, or save their goods from disla 
 
[«• U (l| 
 
 nforraation to 
 
 if the Hmiie i 
 (lent in tlip mmj 
 n, or in tlie di^tri 
 
 i ; (p) 
 
 ally imposed, ^'orl 
 ) ilebt properly dm| 
 iscd, for until thont 
 le person and tin: 
 atico of the assi;s 
 linst, or imposuil ujl 
 uimty V. Don; \ 0. | 
 npleted, is the tuu 
 iona or taxatitm, 
 correspond with it, | 
 a Wilson, •!., in /,c 
 ). But while this ill 
 ing it to he an oW 
 ston, 21 U. C. (I B.1 
 trusts upon wliich 1 
 md to tind out whi 
 comes under any ol| 
 \t. Tkomas, 7 U. C. 
 
 rting from tlie iug 
 tiuit some memlx 
 him to do as hej 
 ) fulfil tlie duties ' 
 
 icipal couneil has 
 u Ijy the statute, 
 is essential to th 
 real or personal, otl 
 ler ratepayers is th 
 ibuted among the mJ 
 ,f their property, rq 
 .ta value escapes iti 
 „ the whole aniounlj 
 ist hear more than S 
 icrt imposed ou as 
 
 Idents or "uon-resid 
 Id oil th? roll. Thel 
 It the same can he_i 
 There cannot " 
 ■c roll is, as it 
 la debt, recoverab 
 (Even the descriplj 
 la does not abso! 
 leir goods from disti 
 
 I 1 (31 1 FORM AND CONTENTS OP ASSESSMENT ROLL. 
 
 . 1 ^f all uon-reHident owner.s who have given the 
 • writinf^ mentioned in section 3, and required their 
 
 J'"';' to be entered in the roll, (q) 
 
 Tip description and extent or amount of ])roi)erty 
 g;,e against oach. (r) 11. S. O. 1877, c. 180, s. 12 (1-3). 
 
 T tlie case of every town-ship, town, oj* incoi'porated 
 
 \ sliall also be the duty of the asseis.sor or a.ssessor.s, 
 
 ''" ' ].jj,f, tlie annual assessment, to inquire of each re.si- 
 
 L tvible'pai'ty whether there has heeu a hirth or death in 
 
 [■ilv within the previous twelve months, and if either, 
 
 r", j],e,m,ine has been registered or not ; if it has not 
 
 I'ecistered the a.ssessor shall put the figure I opposite 
 
 "'"me in the column headed " Birth " or •' Death," as the 
 
 ^ nv be • if registered the letter "II" in the column (28) 
 
 Zk for "Registered." 44 V. c. i, s. 1 {part) ; 50 V. 
 
 20. 
 
 ,,> iji^g assessor shall set down the particulars in separate 
 iMiiis, as follows : . , 
 
 III nry, 17 U. C. Q. 13. 270. Persons .issesscd in 
 
 725- 
 
 Of non- 
 residenti. 
 
 Property 
 asitegsable. 
 
 Inquiry as 
 to births 
 uud deaths. 
 
 Further 
 
 parti'.'ulars. 
 
 Ifj, lhnni-<(iii 
 
 kr,su>- - . , 
 
 Lfitlie representative character 
 
 .estiitative character, as trnstcc, gnardian, execntor oradniiniii- 
 " 'bouklhowever, he assessed as sneli, with the addition to the 
 
 I \ii assessor cannot legally of his own motion insert the name 
 
 LiKbiilent oil the roll. His only power to do so is when the 
 
 yflmve given the notice in writing re(jnired by section .3. 
 
 (iilaiiitiffs seem to have proceeded On tlie idea that if the owner 
 
 till the aifsessor might assess him on liis roll by name for lii-j 
 
 b'ffitiiin the niunicipality, whether he liiniself was a resident 
 
 itk' municipality or not. But the whole frame of tlie Act 
 
 shows that not to have been the intention." Per Robinson, 
 
 i,'iDi'(/'/,'« V. GraiKje, 1 E. & A. 283. 
 
 JU'iie assessor should set down the description and extent or 
 ,i i! property assessable against each taxable person. If land, 
 
 ilil If assessed as granted, as 8nl)sefjuently divided, or as 
 lllv on uud liy the juirty taxable. If the person taxable be the 
 pik'sevtnd lots, tiie lots sliould be as nuich as possible kept 
 ^iUB'l not unnecessarily thrown together. 8ce notes to sec. 
 
 Itistliedutyot' the assessor to assess village lots the property 
 Itsidi'iits separately, placing opposite to each the valne anil 
 tt of assessment. JJlack v. J/arriii'jfdii, 12 Grant 175. A 
 f 1)1 fttunied l)y the Surveyor-General must be assessed as one 
 
 irhlialf of it be in one concession and half in another. Di>e 
 ^iBhnmU, 5 U. 0. Q. B. 59-t. On a grant of several lots, 
 jmit lie separately assessed. lb. See I'nrther, notes to sees. 
 
 lillS. 
 
726 
 
 TIIK MUNICIPAL MANUAL. 
 
 61 V. c. 40. 
 
 m 
 
 l8U(j 
 
 Colunm 1.— Tho successive number on tl.«. ,.«ii t. i 
 1877, c. 180, 8. 12 (4). on the roll. R,g| 
 
 AO^v"""io^-~?""'' ''"'' ^'°'^ ""^'^ '^^Idress of taxable 
 
 Column 3. — Occupation, and iu the case of femalo 
 nient whether the party is a spinster, manietl u " ' 
 widow, by inserting ojiposite the name of the mrivT'^^ 
 "S," "M" or -W," as the case may be R s n ,li 
 180, 8. 12 (4) ; 48 V. c. 42, a. 13. ' ^' ^^^^i 
 
 Column 4.— Statement whether the party is a f 
 or tenant by inserting opposite the nnme of tlio *" 
 letter "f» o,- "T.» «» the case may U ; „n,l wlXtt 
 IS entitled to be entered on the roll as qualitied 
 under The Manhood Stiffrage Act, there shall ^m 
 inserted opposite his name in said colunm the letters '''mI 
 and where the party is within the meaning of The H 
 Rev. Stat. c. cipul Act, & '* farmer's son," there shall afso bo vi J 
 "*• in.serted the letters "F.S." 51 V. c 29 8 11 n\ T 
 
 51 V. c. 4, s, 11 (1). ' ' ^ >' '^^^' 
 
 Column 5, — The ago of the assessed party. 
 
 Column G. — Name and address of the owner, wherei 
 party named in column 2 is not the owner. 
 
 Column 7. — School section, and whether public or sei 
 school supporter. * 
 
 Colunm 8.— Number of concession, name of street, or( 
 designation of the local division in which the real nro 
 ■ lies, (s) ^ 
 
 Column 9. — Number of lot, house, &c., in such (li» 
 
 Column 10. — Number of acres, or other measure sh« 
 the extent of the property. 
 
 Column 11. — Number of acres cleared, (or, in cities 1 
 ■ or villages, whether vacant or built upon.) 
 
 Column 12. — Value of each parcel of real property. 
 
 («) Opposite the name of every person qualified to be a vo 
 assessor shall also in this colunm enter, (a) In the assessmi 
 of a city, town, or village, the residence of such person by tU 
 ber thereof (if any), and the street or locality whereon or ' 
 the same is bituate ; (/;) In the assessment roll of a township I 
 cession wherein, and the lot or part of a lot whereon, such^ 
 resides ; and in all cases, any additional description, as to 1 
 otherwise, which may be reasonably necessary to enable 
 • dance to be ascertained and verified. 51 Vict. c. 4, s. 11 (2j.^ 
 
Q the roll. 11. g,j 
 Iresu of taxable i 
 
 ase of females, a i 
 sr, married woiua 
 of the party the Ifl 
 11. 8. 0. Ulll 
 
 party is a freeho 
 nine of tbe party! 
 
 ; and where the i 
 il as (pialitied to" 
 t, there shall uli 
 Liniu the letters "M,| 
 meaning of The, 
 shall also be siioi! 
 
 29, s. 11 (3). Siel 
 
 Bil party. 
 
 f the owner, where] 
 owner. 
 
 lether public or sej 
 
 , name of street, or i 
 vhich the real pro 
 
 3, (kc, in such div 
 r other measure sli 
 
 ared, {or, in cities, \ 
 upon.) 
 el of real property. 
 
 ...jj] FORM AND CONTENTS OF ASSESSMENT ROLL. 
 
 Coliini" 13. -Total value of real pro[)erty. 
 
 "27 
 
 qualified to be a vo> 
 (a) In the assessm* 
 of such person by thr 
 locality whereon or i 
 \t roll of a township 1 
 If a lot whereon, such 
 1 description, as tola" 
 iecesaary to enable ^ 
 |l Vict. c. 4, 8- 11 i^H 
 
 Inniu 
 
 14. — Value of personal property other than 
 
 Column 15.-Taxable income. 
 
 rliiain 16.— Total value of personal property and taxable 
 
 p I ^ 1 7. Total value of real and personal property and 
 
 ible income, 
 rhmin 18.— Statute labour (in case of male persons from 
 
 tv-one to sixty years of age), and number of days' labour. 
 
 I folumu 19. — ^^8 ^^^ '} number of dogs and number of 
 
 IColimin 20.— Number of persons in the family of each 
 ion rated as a resident. 
 IColiiuiu 21.-Religion. 
 
 22. — Number of cattle. 
 Icoliinin 23.— Number of sheep. 
 Icolunin 24.— Number of hogs. 
 Icolunin 25.— Number of horses. 
 
 klunin 26.— Birth. \ Theie 3 columns apply to toivni- 
 
 i rk xu V ships, towns, and incorporated 
 
 1*11 27.-I'eath. > ^^m^g^^^ ^^ly 44 y^ ^ £5, s. 
 
 Dolunin 28.— Registered, j 1 ; 50 V. c. 7, s. 20. 
 Column 29.— Acres of woodland. 
 [oliinin 30.— Acres of swamp, marsh, or waste land. 
 pran 31.— Acres of orchard and garden. 
 
 %\m. 32.— Number of acres under fall wheat. 45 V. 
 
 1,5, 4, 
 
 fcmn 33. —Date of delivery of notice under section 47. 
 iO, 1877, 0. 180, s. 12 (4). See Schedule B. 
 
 Womn 34.— Each and every steam boiler in the munici- 
 
 [nsed for driving machinery or for any manufacturing 
 
 , with the name of owner and the purpose for which 
 
 Die is used. 
 
 1 clerk of the municipality shall, on the first day of 
 jiineach year, return to the Provincial Secretary the 
 
 '-•'^i 
 
728 
 
 THE MUXIOIPAL MANUAL. 
 
 e ' 
 
 l'>l<l«nco on 
 
 which 
 
 AHWoDvor 
 
 til enter 
 
 lionoiiNAH 
 
 Sitniiruto 
 
 tfrhodi 
 
 nuniln»r of siicli Mtoaiu hoilor.s a« hIihwii l»y Hiid, pOi 
 
 c. 21), H. 4. ' ' ^ '• •" V. 
 
 (4) Til any c.iho wlioro the trustors (.f aiiy Uotivin C »■ r ' 
 st'parato school avail tlicinsclvcs of tlit) pfovision ' '"' 
 
 in H(!otioi» 120 of '/'/>'■ /'„/./;,; .v//,,,./. •!.•/, fi,, tj,*^""''"''^ 
 
 (amongst otluu'H) of ascortaiiiiri;,' tlirotiirli tli.. jisscsso-^'"''''! 
 
 '«'|''initej 
 
 -upimrterH. miuiicipality till! iMirsoiH who aro tlio Mipiioitciy „(• 
 iii'v. Stat. c. schools ill such nuuiicipalitv, tliu assLHsoi- sli.,ii . 
 
 o..» .. . '. ...^ '.. ""'Ill ilC(',.|,t t||J 
 
 2ii 
 
 Land to li' 
 niHcgsed In 
 flic muni- 
 <'l|iitllty or 
 wiinl. 
 
 I'lTHonal 
 Iiropurty. 
 
 I.:iiiil fiwu- 
 pii'il liy 
 owner to bo 
 ussossoil iu 
 hU naniu. 
 
 stattJiniMit ol, or on hclialt ot any r,i(-|.i»iv,.|. »i. .» i' 
 
 Uonian Catholic, as HUunmmt pniaa /an,' i>\uU,,,„, t , i 
 1 • xi 1 * ' " "CO tor ii M 
 
 inj,' such iMU-soii m the proper coluimi ot the ,iHs,.s.sim.,if 
 for st'pari»t(! .school supportfM's, or if th(! asscssur kn, ' 
 sonally any rat('))aycr to ho a lioiimii < 'iitliojiu this si 11 '? 
 be sullicicnt for placin;^ him in such last mimtioiicd nri ^ 
 42 V. e. ;J2, H. 2. """" 
 
 Mode of Assiissin;/ Jiml I'mperfi/. 
 
 15. Land shall bo assessed in the lauiucipujitv in wld 
 tho saiiu) li(!s, and, in the caso of citios ami towns jn 2 
 ward in which tho property lies ; and this shall iuel'ml,. tl 
 land of incori)oi-atcd conipanios, as wcill as otlun- iMohwtv i 
 and when any business is carrieil on l)y a person in a i", 
 cipality in which ho does not reside, or in two oiiimiei 
 (•il)alitii's, tho i)ersonal property bclonojng to hucIi m 
 shall be assessed in tht! muuicipality in wliioli such iieisoil 
 ])rop(!rty is situated, and against tlu; person in possesion] 
 charge thereof, as well as against the owner. (/() \\ ,s 
 1877, c. ISO, s. i . 
 
 16. Land occupied by the owner slnill l)o nsse^sed in i 
 name, (n) H. S. O. 1877, c. 180, s. 11. 
 
 (/) Soe noto i to aec. G of tliis Act. 
 
 (/() Persouiil property of a persoa li.aviii^f a f inn,slin]),f;itturv,o| 
 or other place of l)usiiiess, must, us a rule, lieas.so.s.swlattln.'i 
 business, .^ec. _.')!). If a ]>ersou has several phiucs of Im-imi 
 tlitlerent inuiiieipalitios, then, aceonling to this sectidii, tliupnifl 
 is to be assessed at tho [jlaeo or ])laees wliure situate, Stu S(3 
 su!)-s. 2. if a person lias no ])lace of husini'.ss, thiii he i^ I 
 assessed at the place of residence. Sec. 37. .See fiu'tlaT. not< 
 sec. 6. 
 
 (v) The word "owner" is here used as a word of a very wile i 
 fieation. Upon seeiny land occupied hy au apparent owiieri 
 assessor is bound to assess tho occupant for it, no matter uionf 
 trust the freehold of the land is held. .See Df.nnUou v. Ihui 
 U. C. Q. B. iiTt) • Franchon v. St. Thomax, 7 U. C. L. J. 24; 
 
l«- U (3). 
 f »\\<!l» roll. I\\ \\ 
 
 uiy Ul)lnlvuCalll^^ic| 
 
 ill-', fur the jmqiiise) 
 1 1 Uui asst'HHOM uhlwl 
 HH>(>it(>r:'. of sejAiiuJ 
 ssor h\\ivII ucct!^ii tluj 
 ti'|>;vyi>r l\>iit lio h 
 icii' ('vitlcucc for^ilacj 
 ot' ihi' iiHstissincut vnlj 
 
 IC JlSSl'SS'il' KUoWi iicti 
 
 (JiitlK)lic tl\is shuH ;\!> 
 ivrtt moiitioni'd colunml 
 
 I'l'iijuirhj. 
 
 luuuieipiility in wliit) 
 .tioH iiuil to\vnH,ii\ tli 
 il t\iis s\\ii\l idcluiV' ll| 
 ,-(•11 as otlitn- i»voiicvty, 
 
 l(V il yoi'ri'iu in a luuil 
 
 or in two onuovemu^ 
 I'loii'/iu'^ to sucli vm 
 
 in which svidi vci>oJ 
 person ill possession 
 
 c owuoi', ('() 1^^' '^■i 
 
 sliall he usHossiid in | 
 U. 
 
 |,>fafavin,shoii.f;idory,o^ 
 ;fo \)OiissL'ssi:.l;ittkr 
 
 t„ this section, llwpv'l 
 \vhcve sitiwte. Seer 
 If \,u.4iu'ss, then he IS 
 
 . :Vi. ^^^ fuvtlw, noM 
 
 ,9 a won! of a very wlei 
 1,Y an avvavent ownerj 
 f.,,' it, no nuttuv iijj«| 
 See />;-iHi*" V. ";''! 
 lomft^'. T U. 0. L. J. -*. 
 
 1 17.] 
 
 UNOUCUPIED LANDS. 
 
 17 Land not occtipiod by the owner, hut of which the 
 
 • I .w.vvn 1111(1. at the time ot' the fiHHOHSiuoiit boinir 
 ,,,er IS known n ■". .i„.„:„:i.. _.. ..i „« , • ? 
 
 owner 
 ma' 
 
 729 
 
 Whan Und 
 not ooouplQd 
 by thii 
 
 lit !•' 
 
 I 
 
 . ro,si(ie« or l.us ii logul domicilo or place of businos.s^'.^'JJ'J"* 
 !' ...w.iniiliiv or hiiH crivou the notice inontionod in known. 
 
 in tit' IUIIIntl|"l"V' I • i. il 1 •!. 
 
 i ///.^ sli ill b« iLSNosHod against the owner alone, it 
 
 lection >') V I ' 
 
 woro 
 ion 
 
 i fohku T A. & K. 124, the tniHtiH^s of a tiirniiiku loatl w 
 
 l^'l ' ^ ,1 ti> eii'tiT and tiik.) oortain land, &c., making satiHfaot 
 lutlionwi ' ^^^ jiroi>rii'tori< for their loss, and it was held that com- 
 I lu the ('"'»' ^' l^^^^^^^j^ jjjjj, j,„|y to th„ owners in fee simple, Init to 
 (CrJ'r y«''rH. hi Vhauntlir v. IMnnsoji, 4 Kx. 103, wliich was 
 
 I'^'^tm, l)miit'ht l>y a rerson against his noighliour for not keeping 
 
 r^c of El'^tter in repaid whereby, &e. I'arke, 11.. said : "The 
 
 Ii 'owner,' ivs well nti 'proprietor, is amlnguous. It may mean 
 
 iriitT 
 
 .1)1,' 
 
 |iuo; 
 lux 
 
 within the nieivning of a (inestion pnt to him before the issue 
 
 he notice. In Iton-ilMi v. Wah'jicld Loral liunrd of .'lea/fh, L. 
 
 Ill 15 XI, a trustee, in whom was vested a public scliool for the 
 
 itiim (if Door ciiililren, was held to be the owner for the purpose 
 
 iSi'm umler the sees. 2 and (H) of 1 1 & 12 Vict. o. 63. See fur- 
 
 ■ Srhnni Board of London V. Vrslry of St Mary, hliixjton, 1 Q. B. 
 
 (j5 By sec. 33 of tlie Town I'olice Clauses Act, 1847, (10 & 11 
 
 ct c. 89), the comniiasiouers may send engines, beyond the limitn 
 
 the special Act for extinguishing fire in the neighbourhood of the 
 
 lits; and the owner of the lands and buildings where such firt; 
 
 \\ iiave happened, shall in such case defray the actual expense 
 
 ich nuiy l)e thereby incurred : Held, that the occupier was the 
 
 ler of lands within the meaning of the enactment, and liable for 
 
 eases incnrred in sending an engine to extinguish a fire at a hay- 
 
 ik belnp.jjing to him. Lowii* v. Arnold, L. 15. 10 Q. B. 245. It 
 
 leilutv of the assessor to enter on the roll the names of "11 per- 
 
 linocenpation, whom, after diligent enquiry, ho believes to be 
 
 lers, It docs not seem that a jtcrnonal occupation of the lot is 
 
 gsarv. A lot may he used with another part of the same farm, 
 
 that without there being a house upon it, or oven a barn — the 
 
 and farm buildings being on an adjoining farm. But the occu- 
 
 ly must bo so visible that the assessor can see it. Bank of 
 
 mo V. FanniiKj, 17 (Jrant 514 ; 18 Grant 391. If the person 
 
 as owner omit to appeal, he is bound by the assessment, 
 
 ler owner ornot. McCarrallv. Watkins, 19 U. C. Q. B. 248, 
 
 I The (hities of the assessor under the first part of this section 
 
 jto land not coming under the description of the previous sec- 
 
 8 " land occupied by the owner," but to lands such as described 
 
 ,3 as "unoccupied land." The assessor has no legal right to 
 
 I on the roll the name of a non-resident owner merely because 
 
 Iknown to him. His right to do so only arises when the latter 
 
 |iven the notice required by sec. 3. See notes to that section. 
 
 ithecaseof a person residing in or having a legal domicile or 
 
 92 
 
 
 V 
 
 1 i' 1 
 
 
 m 
 
 ;;'l 
 
 t' I i 
 
 
 %m 
 
 
 v 
 
 1 n ■■•!', 
 
 m 
 
 K-sfY 
 
 ■J fiJI'S' 
 
730 
 
 THE MUNICIPAL MANUAL. 
 
 the land is unoccupied, or against tlie owner and 
 
 if the occupant is any other person than the Ln^T^"^,^^} 
 
 S. O. 1877, c. 180, s. 15. "®'^' 1*) K 
 
 [U7. 
 occupant, 
 
 When owner 
 not resident 
 in munici- 
 pality but 
 resident in 
 Province. 
 
 Hi 
 
 :■ v.: 
 
 ¥ ff ;f 
 
 t*.K'^i 
 
 II 
 
 18. If the owner of the land is not resident within iV 
 municipality, but resident within this Province then f ' 
 land is occupied, it shall be assessed in the niinie ' f *''* 
 against the occupant and owner ; but if the land is not ^"'^ 
 pied, and the owner has not requested to be assessed th °T" 
 then it shall be assessed as land of a non-resident / v^'d 
 O. 1877, c. 180, s. 16. , ^^^ ^^•''^• 
 
 and 
 
 place of business within the municipality, his name whe I- I 
 may be placed on the roll. A man's place of residence itiuv Tkll 
 his domicile or place of business. There are cases in which nl" 
 abode and place of business mean the same thiiu' Spp jr v*^^" 
 Thorm, 1 M. & S. 103; Alexander v. Milton, 2 &\Ti'>TV':^'^ 
 V. Willimm, 2 C. M. & R. 561 ; Johnson v. Lord, M. &'>[? 444 p 
 
 same 
 
 B. 819; 
 
 B. 600 ; Reg. v. Spratley, 6 E. & B. 3G3. See also note «'to see. 35 ' 
 
 {x) If the land be occupied the occupant should be assessed 
 not occupied by the owner both the occupant and the owuer slioiii 
 be assessed. If unoccupied, then the owner alone must he assessa 
 The occupation here meant is not simply possession as hv a c J 
 servant, or caretaker, but by a person havuig an interest of soa 
 kind in the land. The occupation need not be a personal one in 1 
 sense, that the occupant should have his house on it. It will 1 
 enough if he have his house elsewhere in the municipality 
 work it as to be visibly possessed of it. Bank of Toronto \ 
 ning, 17 Grant 514 ; Wame v. Cotdter, 25 U. C. Q. B. 177 • see 
 Fryer v. Bodenham, 19 L. T. N. S. 645. But merely sinidmr a m 
 in the ground or some other trifling act of that character will not^ 
 sufficient to constitute occupation. Grant v. Load Board of (h fa 
 19 L. T. N. S. 378. Where the occupation is necessary for the 
 formance of services, and the occupier is required to reside onl 
 premises in order to perform the services, the occupation heineM.is 
 auxilliary to the performance of duties which the occupier must i 
 form, tlie occupier is a servant and ought not to be assessed. //J 
 V. Orer.ii'.ers of Chatham, 5 M. & G. 54; Dohxon v. Joim,lh.,\ 
 Clark V, Orersecrs of the Parish of St. Mary Bury St. Edmiindi] 
 B. N. S. 23 ; Jieg. v. Overseer.^ of Whaddon, L. K. 10 Q, B. 230; 
 V. Dalhy, L. R. iO C. P. 285 ; Smith v. Oremeers oj SrjhiU, L. i 
 Q. B. 422; Attorney General v. Mutual Tontine W'edminxter Vim 
 Association Limited, L. R. 10 Ex. 305; White v. Maynard, 15 An 
 
 (y) The meaning of this section is not free from douht. If| 
 be occupied, no doubt it should be assessed in the name of the < 
 pant. If unoccupied, and owned by a person living in the mi 
 pality, it may be assessed in his name. But if unoccupied and o| 
 
..20(1).] 
 
 OWNERS AND OCCUPANTS. 
 
 781 
 
 iq In the case of real property, owned by a person not^}~^^« 
 •A t within this Province, who has not required his name i in lOTinM. 
 K^^nlered on the assessment roll, then if the land is 
 '*' . J jj gijall be assessed in the name of and against the 
 "'^'^^^ t as such, and he shall be deemed the owner thereof 
 rXV'i'pose of imposing and collecting taxes upon and 
 r the same land ; (z) but if the land is not occupied, and 
 r°^wner has not requested to be assessed therefor, then it 
 uj'be assessed as land of a non-resident ; (a) and it shall 
 ! 1 e necessary tliat the name of such non-resident or owner 
 b! inserted in tlie assessment roll, but it shall be sufficient to 
 tion therein the name of the reputed owner, or the words 
 1 wnlripr [Jnknown,'" according to the assessor's knowledge 
 .ilmation. R. S. O. 1877, c. 180, s. 17. 
 
 oo_.(l) Where land is assessed against both the owner When land 
 J iccupant, or owner and tenant, the assessor shall (b) against** 
 
 U a non-resident, it can only be assessed in his name on his request 
 ■ writing. See note e to sec. 3. This section provides that if the 
 tad be occupied " it shall be assessed in the name of and against the 
 TcupantaMrf owner." The queation is, whether this is to be done 
 where the owner is a non-rosident of the municipality, and has not 
 reouested his name to be entered on the roll. The language of the 
 ^tion is broad enough to cover all owners, whether resident within 
 otwithout the municipality. But the narrower construction seems 
 lobe the correct one. Persons in the occupation of land in the sense 
 ijliatthev are in exclusive occupation of any part of it, whether above 
 ' bel .w, are liable to be rated in England for poor rate. See Pimlico, 
 • Tramway Go. v. Oreemoich, L. R. 9 Q. B. 9 ; see further, Allan 
 Onmtrs of the Poor, Liverpool, L. R. 9 Q. B. 180 ; London and 
 W Western B. W. Co. v. Buckma.Hter, L. R. 10 Q. B. 70, 444 ; 
 i)rvv BrUtow, 1 C. P. D. 54 ; 2 App. Cas. 262 ; Lajicufihire Tele 
 ml'o.v. Overseers of Manchester, 13 Q. B. D. 700; 14 Q. B. D. 26f 
 
 See note x to sec. 17. 
 
 (a) The only power to assess on the owner, as owner, when a]non- 
 Bident is on request. See note e to sec. 3. 
 
 |i) A strict compliance with this section is not necessary to the 
 idity of an assessment. DeBlaquiere. v. Beeker, 8 U. C. C. P. 167 ; 
 'i.(xrd. Lachford v. Frizell, 9 U. C. L. J. N. S. 27. In the last 
 mtionedcase Mr. Dalton said, " The name of the defendant; is not 
 itdown under that of Henry Bowen and bracketed with it, nor is 
 
 i assessment against the defendant separately numbered on the 
 
 Some other deviations from the statutory form will be observed. 
 
 Die defendant's name, hov/ever, is written in the general heading 
 
 Jtames of Taxable Parties,' and that it was so written for the pur- 
 
 e of assessing him is known from other facts. Are these deviations, 
 , 80 essential as to render the assessment void ? After examining 
 
 t English cases and our owri, as far as I have been referred to or 
 
 owner and 
 occupant 
 
 p. 
 
 
 
 E' 
 
 
 
 1 
 
 
 ' "'i 
 
 ■ .j„ 
 
 
 li 
 
 M 
 
732 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 20 (1), 
 
 place both names within brackets on the roll and -h 
 opposite the name of the owner the letter " F " ] ^^^^ 
 the name of the occupant or tenant the letter" 'T"?°^^'* 
 both names shall be numbered on the roll //.\ ' 
 
 («) 
 
 and 
 
 Ratepayer 
 be counted 
 only once. 
 
 P 
 
 I m 
 
 ' i 
 
 [Subs. 2 of this section was repealed by 51 V. c 29 
 
 *o (3) No ratepayer shall be counted more than • 
 
 returns and lists required by law for municinal ^^^^ '" 
 
 and the taxes may be recovered from either i^i^^^^'^^'^^®'' i 
 
 tenant or occupant or from any future owner t^ °^'^'^'' 
 
 48'v'^*4ri'T ^'' recourse; against any other'p^^^j 
 
 have been able to find them, I have come to the conclusion 
 
 that tliel 
 
 assessment is good. It would certainly seem an extraordin i •""' 
 considering the class that assessors must necessarily come f^'^' I 
 variances from the form of the assessment should vitiate >*''"' t''H 
 decision was approved of and followed by the Court of ()., ' t, ''"* ' 
 In re Johnson ami Lamhton, 40 U. C. Q. B. .305 Spp f i'/ '* '"''• 
 gan v. Parry, 17 C. B. 334, and BramfiU v. Bmnler Tc^'iH'i 
 1 ; Applegarth v. Graham, 7 U. C. C. P. 171 ; butsee'aU p ** 
 reL McOre,,or ..Kerl U. C L J 67. If an assesso;, o ly^ 
 officer of a municipality, omit to follow the plain direction? 
 Act of Parliament, and any loss thereby arises to the munioL r*. 
 it would seem that the officer causing the loss would Iw l,<.i i ^^ ^^ 
 able therefor. ChrMe v. John-^on, 12 Grant 534. ^^^^^ 
 
 (c) The obligation of the landlord is prima facie to pay taxe^ 
 sec. 24. If the tenant agree to ray taxes, the ooligation is si'ifii 
 as between them. But in regard to the municipality, taxes mavl 
 recovered from either, and not only so, but from "any future o 
 or occupant," saving his recourse against any other person " 
 Smith v. Shaic, 8 U. C. L. J. 297 ; Holromh v. Shan- <>•' rr r'nl 
 92 ; Warne v. Coulter, 25 U. C. Q. B. 177. ' " ^^ 
 
 {d) The way in \, hich this section is expressed would lead ond 
 suppose ihdA, future owners, tenants, or occupiers can alone b» 
 liable when both the owner and tenant or occupant have been assesf 
 but that is not the proper construction to be placed on the^sf 
 It should be read in connection with sections 17 and 18 
 words used in bcction 7 of the Assessment Act of 1853' 
 the taxes tliereon may be recovered from either or "-oml 
 future owner or occupant, saving his recourse against the 
 party," had reference not to the particular case alone of (, 
 and occupant being assessed together, but of either of thmi 
 assessed separately. " If they were both assessed, the taxes J 
 be recovered from either of them. And in every case, if thet 
 or occupant did not pay, the taxes were to be recovered froi 
 future owner or occupant. This was plainly the construction i 
 7 of the Act of 1853, for why were future owners or occupanti 
 liable when both owner aiid occupant were assessed and no| 
 the owner or occupant was singly assessed ? In both cases th| 
 are equally a special lien on the land, /or which the land i 
 
 
 II!:'; 
 
[8.20(1).' 
 
 i, and shall write 
 F," and opposite 
 letter "T"; and J 
 
 r.,c.29,8.il(2).]l 
 
 ore tlian once in I 
 anicipal purposes ; ■ 
 jitlier the owner, 
 owner, tenant ori 
 r other person, {iM 
 
 lie conclusion that tW 
 xn extraordinary thingj 
 ssarily come from, tl\ai 
 lonld vitiate it." W 
 Couvt i){ Queen's Eeu4 1 
 i05. See, {urtlier, iLi 
 Bremner, 9 C. B. Is, T 
 1 ; but see, also, Ri(j. , 
 an assessor, ov any ott| 
 16 plain directions in i 
 ises to the municipaliw 
 ass would be held answa^ 
 ,t 534. 
 
 ia/a«e to pay taxes, 
 , the obligation is Mi 
 lunicipality, taxes may| 
 from "any future oir 
 aiw other person. 
 ,h w.Sliaw, 2'2 U, C, Q.| 
 
 s,21 
 
 SEPARATE SCHOOLS. 
 
 Lessed would lead on< 
 Icupiers can alone ba 
 Icupant have been asset 
 T be placed on the secll 
 Lections 17 and 18. ! 
 Inent Act of 1853: 
 Ifrom either or joml 
 Vecourse aganist the 
 Eculav case alone of I 
 ]but of eithr of thm\ 
 , assessed, the taxes^ 
 ■ inmri/case, It the( 
 Ire to be recovered frol 
 Vinly the construction f 
 |e owirers or occupants 
 Iwere assessed and not 
 ted' In both cases thi 
 fior which the land f 
 
 l\) When the land is owned or occupied by more 
 than one, and all their names are giv^en ^ the assessor, 
 f^^f II V,-. oB«jfissed therefor in the proportions belonefing 
 
 1 11 be assessed therefor in the proportions belonging 
 
 'C 
 
 *r have not required their names to be entered on the 
 
 'cupied by each respectively ; (e) and if a portion of 
 
 *" °\ °ri an situated is owned by parties who are non-resident 
 
 the l&nci sua .,.,. .. 
 
 733 
 
 Aascssment 
 of land 
 owned or 
 occupied by 
 several 
 penons. 
 
 11 If) the whole of the property shall be ai'sessed in the 
 furnished to the assessor as the names of the owners, 
 
 "'"^^^ +iiA recourse of the persons whose names are so given 
 
 saving ine»o 
 
 against the others. y9) 
 n) If any member of a partnership so requests, liis share 
 • ■ terest jf, or in the real or personal property of, or belong- 
 
 •' "t the partnership, shall f( r all purposes and in all re -wects 
 
 Assessment 
 of part- 
 nership 
 property. 
 
 beassessoaas 
 
 if the same were the separate and individual 
 
 rtv ot such member, and formed no part of said partner- 
 ,8hip property. 
 
 /3\ A company may, by notice in that behalf to be given 
 
 I V gigj.]j of any municipality wherein a separate school 
 
 It Roman Catholics exists, require any part of the real 
 
 erty of which such company is either the owner and occu- 
 
 nt or not being such owner, is the tenant, occupant or 
 
 LU Why should a future occupant be liable when his original 
 Ised owner could still be resorted to ' Or, why should a future 
 er be liable when the original assessed occupant is in possession, 
 U of course, liable ? Either owner or occupant shall pay when 
 Lth are assessed ; and future owners and occupiers are liable in 
 ™™ mw to nav, saving their recourse against any other person. 
 jSon, J , in Anglin v. Minis, 18 U. C. C. P. 170, 177. The 
 lods of the future occupant cnnnot be legally distrained and sold 
 ithe taxes imposed on the personal property of the former occu- 
 Bt Squire v. Moony, 30 U. C. Q. B. 531. But if any portion of 
 8 tax distrained for be in respect of the realty, trespass will not 
 
 Assessment 
 of property 
 of company 
 for school 
 purposes. 
 
 Ih. 
 
 Ill Where on an assessment roll under the general heading 
 
 limes of Taxable Parties,' were entered the names of Ker, Wil- 
 
 a and Henry, for two separate parcels of land, and in the proper 
 
 1018 were the letters "F" ana "H," and in the columns headed 
 
 and "Address," opposite to the parcels of land, "Wm. 
 
 mi Bros.," it was held that Wm, Ker and Henry Ker and not 
 
 jfi, Ker "nd Bros, were the persons in whose names the pro- 
 
 8 were rated. Beg. ex rel. McGregor v. Ker, 7 U. C. L. J. 67 ; 
 
 [farther. Reg. ex rel Lachford v. Frizell, 9 U. C. L. J. N. S. 27 ; 
 
 thksonand Lambton, 40 U. C. Q. B. 397. 
 
 ) See note e to s. 3. ' 
 
 I See note ({ to s. 20. 
 
7U 
 
 1 
 
 
 
 
 
 ^'ii 
 
 11 
 
 
 : v: 
 
 ^lifli 
 
 Jifii^ 
 
 ft 
 
 
 1 
 
 THE MUNICIPAL MANUAL. 
 
 ['»• 21 (3). 
 
 actual possessor, and any part of the personal pro 
 any) of such company, liable to assessment tn Ko^!'^!^ ^^ 
 
 assessment, to be 
 
 rated and assessed for the pui'poses of said separate sclf^i ^ 
 the proper assessor shall thereupon enter said cotnD "^"^ 
 separate school supporter in the assessment roll in r "^^ ^^ * 
 the property specially designated in that behalf in orT*^* ?f 
 notice, and the proper entries in that behalf shall be mV' 
 the prescribed column for separate school rates and s 
 of the property as shall be so designated shall be al2i 
 accordingly in the name of the company for the purnos^l 
 the separate school and not for public school purposes hi 
 all other property of the company shall be separately enter!! 
 and assessed in the name of the company as for public s 1 if 
 purposes; provided always that the share or portion of thl 
 property of any company entered, rated or assessed in anrl 
 municipality for separate school purposes, under the nnd 
 visions of this section, shall bear the same ratio and dig 1 
 tion to the whole of the property of the company assessabli 
 within the municipality that the amount or proportion of th 
 shares or stock of the company, so far as the same are paid 
 partly paid up, and are held or possessed by persons who {. 
 Roman Catholics, bears to the whole amount of such paid'J 
 partly paid up share or stocks of the company. 
 
 (a) A notice by the company to the clerk ofthelo 
 municipality under the provisions of this sectil 
 may be in the form or to the effect followlDg ; 
 
 To the Clerk of {describing (he municipality). 
 
 Take notice that (here insert the name of the compmny so as tosu 
 ently and reasonably designate it) pursuant to a resoluS 
 in that behalf of the directors of said company requires j 
 hereafter and until this notice is either withdrawn or var 
 so niuch of the property of the company assessable wid 
 {giving the name of the municipality) and hereinafter speclJ 
 designated shall be entered, rated, and assessed for sepa 
 school purposes, namely, one-fifth (or as the case may 6 
 all real property, and one-fifth (or as the case may bejc 
 personal property of said company, liable to assessme^ 
 said municipality. 
 
 Given on behalf of the said company this (here insert date). 
 
 if. S. Secretary of said Compa 
 
 (6) Any such notice given in pursuance of a resolutid 
 that behalf of the directors of the company, 
 for all purposes be deemed to be sufficient,] 
 every such notice so given shall be taken asj 
 
 'HuiMiW. 
 
 '•^'''^U^tij^. 
 
J4.] 
 
 DEDUCTION or TAXES FROM BENT. 735 
 
 tinuing and in force and to be acted upon, unless 
 and until the same is withdrawn, varied or cancelled 
 by any notice sixbsequently given, pursuant to any 
 resolution of the company or of its directors. 
 
 1] Every such notice so given to such clerk shall remain 
 ^ with and be kept by him on file in his office, and 
 shall at all convenient hours be open to inspection 
 and examination by any person entitled to examine 
 or inspect any assessment roll, and the assessor 
 shall in each year, before the completion and return 
 of the assessment roll, search for and examine all 
 such notices as may be so on file in the clerk's 
 office, and shall thereupon in respect of the said 
 notices (if any) follow and conform thereto and to 
 tha provisions of this Act in that behalf. 
 
 (i) The word " company " in this section shall mean and 
 include any body corporate. 49 V. c. 38, s. 4. 
 
 {S(cs. 23 & ^3 were repealed by 51 F., c. 29^ s. 11 (^).] 
 
 24, Any occupant may deduct from his rent any taxes When 
 Bid by him, if the same could also have been recovered fro n JieducMMw 
 L owner, or previous occupant, unless there is a special ^"^o™ "»*• 
 treement between the occupant and the owner to the con- 
 Iry, (/i) R. S. 0. 1877, c. 180, s. 21. 
 
 The occupant cannot deduct the taxes under this provision 
 
 lierethere is no right to collect the taxes from him. damony. Vtitch, • 
 
 10 R. 706. If the lease contain no provision as to the payment of 
 
 V it is the duty of the landlord, as owner of the land, to pay 
 
 L' Dove V. Dove, 18 U. C. C. P. 424 ; see further, Hook v. Mayor 
 
 \Uw]ml, 17 C. B. N. S. 240 ; and Sheffield. Water Works Co. v. 
 
 W(, L. R. 7 Ex. 409. But if between the owner and the occu- 
 
 Ct there be a special agreement to the contrary, of course there 
 
 ■notbethe right to deduct taxes from rent. Defendant took a 
 
 pen agreement for a lease of certain premises, which lease was 
 
 Ittas to taxes, but verbally agreed to pay them ; no lease was ever 
 
 1 owing to a disagreement on another point. Defendant 
 
 1 the premises for four years, paying taxes for three years 
 
 jkoot objection. When sued for rent subsequently accrued, he 
 
 M to set off the taxes, on the ground that as the agreement 
 
 ie no provision for them, and could not be added to by verbal 
 
 aice, they must fall on the landlord : Held, that, having volun- 
 
 jmadethe payments in pursuance of his own agreement, even 
 
 kiere without consideration, he could not recover back or set off 
 
 \p»pent8. McAny v. Tickell, 23 U. C. Q. B. 499. It is not said 
 
 (Actvhen, or from quarter or month, the occupant may deduct 
 
 aeifrom his rent; and under a similar enactment in England 
 
736 
 
 THE MUNICIPAL MANUAL. 
 
 ["•26. 
 
 25. The assessor shall write opposite the name 
 
 AlBMWr to 
 
 notn non- ,, /.iii i .** ""' »"aiuB nr n ■ 
 
 re.idcntaif non-resiaent ireeholder, who requires his nanip fni n 
 
 Sri'iK'"" on the roll, as hereinbefore provided, (i) in «1.° ^^'"^^••«<ll 
 
 column 
 
 How 
 
 property 
 
 estimated. 
 
 3, the letters «iV. B.," and the address of such f.pl u"^ 
 R. S. O. 1877, c. 180, s. 22. "eenolder. (j) 
 
 26.-(l) Except in the case of mineral lands hereinaff- 
 provided lor, real and persona^ property shall be est V!il 
 at their actual cash value, as they would be ann- • 7, I 
 payment of a just debt from a solvent debtor. "' ^ ^' 
 
 (k) 
 
 it was held that a tenant could not occupy for several ve 
 taxes, and claim to deduct from his last quarter's renUli' ^^'^^ 
 amount of taxes paid by him during the term. Sfuhhs v p '^^'^ 
 S B. & Al. 516. And our Act has in one case received i ai'n,^ ''*" 
 struction. Wade v. Thompson, 8U. C. L. J. 22. Anordin T"" 
 under the words in the statute, containing a covenant " lon^'^f ^* 
 covers a special rate created by a corporation bv-law ih wFu^ , 
 taxes. In re Michie ami Toronto, 11 U. C. C. P. .379 DeT 
 1872 leased a farm from the plaintiff for a year from 27th S ^"fi! 
 1872, and covenanted to pay all taxes, rates, assessments wha2 
 whether parliamentary, municipal or otherwise, which now a I 
 which during the continuance of the term shall at any time be r w 
 charged, assessed or imposed in respect to the premises Hel 1 f H 
 defendant was not liable for the taxes for 1872 Jl/nr-Vn,, u ' 
 Wigy, 35 U. C. Q. B. 111. But see Heyden v. CW^e 15 ft 
 See further Hurst v. mimt, 4 Ex. 571. ^' ^ 
 
 (i) See sec. 3 and notes thereto. 
 
 {j) The omission to do as here directed would not invalidate I 
 assessment so far as made. See DeBloqmir v. Becker, 8 U r C 
 167 ; see further, note 6 to sec. 20. > • • .: 
 
 {k) " The question of what is the proper principle of valuatioi 
 one extremely general in its application. It afi'ects the pecuii 
 interests of almost every one, not excepting the Judges themseli 
 and we should therefore not go out of our way to express opinf 
 upon it." Per Kobinson, C. J., in In re Dichon and Gait, 10 U| 
 Q. B. 395, 398. There is nothing that men so much differ about aJ 
 value of property. See Merxey Dock Co. v. Liverpool, L. R. 9Q £3 
 Reg. V. London d: North Western N. W. Co., L. K. 9Q. B. 134. Itj 
 a great extent, a matter of opinion. The opinions of men on sn 
 subject are very materially affected, more so than they are peri 
 aware of by the point of view from which they consider it. Amai^ 
 is impressed with a consideration of how much a thing is worthi 
 entertain a widely different opinion from him who simply lookjl 
 as a thing to be purchased in expectation of proHt, whether U 
 employment of it or selling it again. Per Draper, C. J., in J/cl 
 v. Unity Fire Ins. Co., 9 U. C. C. P. 88. Perhaps, after all, thj 
 standard of value is that mentioned, in this section— "actuaU 
 value," such as the property would be appraised at, "in paymi 
 a juat debt from a lolvent debtor." See further, notes to sec, 
 
 WuimM^. 
 
■ri ■^lf'-:^ 
 
 [8. 25.^1 37(2)-] 
 
 VACANT LAND. 
 
 737 
 
 ! the name o{ anyl 
 name to Le entereil 
 in column numWl 
 such freeholder. (j\l 
 
 •al lands hereinait* 
 J shall be estimate 
 luld he appraised 
 iebtor. (It) 
 
 or several years, payiJ 
 [quarter's rent the \vh? 
 erm. Htuhh» v, ?ixrm 
 36 received a similar c« 
 . 22. An ordinary lea 
 covenant " topaytaxe 
 n by-law, as well as oth 
 C. P. 379. Defendant! 
 rear from 27 th Septemb 
 1, assessments, whatsoeV, 
 jrwise, which now are,( 
 sball at any time he rati 
 the premises. Held, tli 
 ir 1872. JI/ac^au(y/i!o»j 
 ^ji V. CUsfie, 15 0. 11 2l 
 
 would not invalidate! 
 [r\'. Becto-, 8 U. C. C. 
 
 principle of valuatioi 
 It affects the pecnnl 
 kg the Judges themseli 
 way to express opiia 
 Jickmi and Gdt, 10 U| 
 [so much differ ahout ai 
 iLmrpool, L. R. 9Q. B.I 
 ,L.K.9Q.B.134. Itf 
 1 opinions of men on ii 
 1 so than they are peii 
 Ihey consider it. Amaal 
 nuch a thing is worthJ 
 tiim who simply looksi 
 L of profit, whether Irf 
 
 •Draper, C. J., in M 
 , Perhaps, after all, thi 
 this 8ection-"actualJ 
 praised at, "inpaymf 
 [further, notes to see 
 
 estimating the value of mineral lands, such lands Mineral 
 '^l buildings thereon shall be valued and estimated at '" "' 
 
 1 of otiier lands in the neighbourhood for agricul- 
 '' noses but the income derived from any mine or 
 ^ 1" nrk shall be subject to taxation in the same man- 
 
 iinei-al 
 
 jj as other 
 |jfl,s.23. 
 
 l\] In assessing vacant ground, or ground used as a What shall 
 Ivipn or nursery, and not in immediate demand for^clSTiMd, 
 
 to. purposes, in cities, towns or villages whether -f^Jow^Y" 
 
 ".ntpd or not, the value {I) of sucli vacant or other be calculated 
 
 [f Tshall be that at Avhich sales of it can be freely made, '" "'"««' «*"=• 
 
 I here no sales can be reasonably expected during the 
 
 t year (in case the council so directs) the assessors 
 
 *"n cities and where the extent of such ground exceeds 
 
 ' g in towns and incorporated villages, value sucii 
 
 ' M thoiigli it was liehl for farming or gardening pur- 
 
 witli siicb per centage added thereto as the situation 
 
 Idle land reasonably calls for ; and such vacant land, 
 
 Lh surveyed into building lots, if unsold as such, may 
 
 leDtered on the assessment roll as so many acres of the 
 
 ml block or lot, describing the same by the description 
 
 iblockor by the number of the lot and conces.sion of 
 
 Lwnship in which tlie same is situated, as the case may 
 
 1(1) B S. 0. 1877, c. 180, s. 24 (1) ; 43 V. c. 27, s. 7. ' 
 
 I la such case, the number and description of each lot, Assessment 
 jff each such block shall be inserted in the assess- '^'*° * 
 [roll •* and eacli lot shall be liable for a proportionate 
 ii as to value, and the amount of the taxes, if the prop- 
 [for arrears of taxes, (n) R. S. O. 1877, c. 180, 
 
 lisnodefence to an action for taxes, that the property was 
 Lely rated. London v. Great Western R. Co., 17 U. C, Q. B. 
 Cealso, Niagara Falh Suspension Bridge Co. v. Gardiner, 29 
 E!b. 194; see further, Mersey Docks and Barbour Board v, 
 'tof Birkenhead, L. R. 8 Q. B. 445. 
 
 (preceding note. ' 
 
 8 to the right to replace as it was before land which has 
 fcdoutinlots. See He Allan 10 0. R. 110. 
 
 til is essential for the preservation of the relation of the lots 
 ir, 80 as properly to adjust the burden of taxation in the 
 i the sale of some portion thereof for taxes. The plan of a 
 lol t portion of a town lot was regist«red in the proper 
 
738 
 
 THR MUNICIPAL MANUAL. 
 
 ■;:'' i.y 
 
 h^dSe. , 28. When ground is not held for the purposes of sal. 
 but for bonajide inclosed and used in connection wifli 
 garden*. ete.^p building OS a paddock, park, lawn, garden, ''*"'^*'' 
 
 tlailway 
 oompanieA 
 to furniRh 
 certain 
 ■tatement<< 
 to olerks of 
 munici- 
 palities. 
 
 
 ground, it shall be assessed therewith, at a valuatio i,j 
 at six per centum, would yield a sum equal to th ° 
 rental which, in the judgment of the assessors itV?! 
 and reasonably worth for the purposes for which it " J 
 reference being always had to its position and local 'd 
 ages unless by by-law the council requires the same l\ 
 assessed like other ground, (o) R, S. 0. 1877 p isn 
 43 V. c. 27, s. 6. .^••iou.s, 
 
 29. Fvery railway company shall annually transmit 
 or before th^ 1st day of February, (;;) to the clerk of e- 
 municipality in which any part of the roadway or other 
 property of the company is situated, a statement shewini 
 
 1 The quantity of land occupied by the roadway, iindj 
 actual value thereof, according to the average value of 
 
 registry office, but without beingproperly authenticated in the i 
 required by the Registry Act not being duly certified by a sum 
 Held, notwithstanding this irregelarity, that the municipalitt 
 the right to assess these lots and levy the taxes assessed bv « 
 the usual way. Aston, v. Innis, 26 Grant 42. Some of the 1 
 the said plan having been assessed as lying on Thomas street 
 sold for non-payment and conveyed upon non-redemption 
 description. Upon their again becoming liable to sale for an 
 taxed, the authorities made a change designating the lots as bu 
 side road without any by-law authorizing such change or anytlj 
 shew that it was made otherwise than upon the assessment rol 
 other documents in relation to the collection of taxes: Heli 
 the owner of such lots was bound to pay the taxes upon tU 
 whatever designation they were entered on the roll, and it wai 
 peril if he omitted to pay. lb. 
 
 (o) The preceding section provides for the assessment of ] 
 land, or land used as a farm, garden or nursery, and not iq 
 diate demand for building purposes. This section applies I 
 not held for purposes of sale, but bona fide inclosed and usi 
 paddock, park, lawn, garden or pleasure ground, used incoi] 
 with a residence or building ; in which case, unless a by-law a 
 directing it to be assessed like other ground, the valuation f 
 not as for purposes of sale, V at for the purpose for which thj 
 used, reference being had to its position and local advantage! 
 is to be done by assessing such land, with the residence or | 
 at a valuation which, at ajx per cent, per annum, would yi« 
 equal to the annual rental which, in the judgment of the asal 
 is fairly and reasonably worth. See Dudman v. Vigar, L.] 
 L. 212. 
 
 (p) On or before, &c. See note g to sec. 248 of the Munioj 
 
[i. 
 
 l». 
 
 I JO.] 
 
 NON-BESIDENTS NOT ON THE ROLL. 
 
 739» 
 
 purposes of sale, . 
 ,on witb a resitlen 
 garden, or please, 
 ,t a valuation wW^ 
 equal to the d,mi 
 assessors, it is fiui| 
 i for which it is 
 on and local adv« 
 uires the same toj 
 ). 1877, c. 180, 8. 
 
 annually transmit 
 
 i) to the clerk of etl 
 
 roadway or other i 
 
 I, statement shewing 
 
 )y the roadway, aucl 
 } average value of ' 
 
 luthenticated in the nil 
 uly certified by a surr 
 that the municipalit]j 
 ,e taxes assessed by! 
 .it 42. Some of the ' 
 ing oa Thomas street! 
 ',on non-redemption 1 
 k liable to sale for an 
 [ignatingthelotsasbd 
 8uch change or anytW 
 jon the assessment m 
 iction of taxes ; Helj 
 pay the taxes upon tB 
 Ion the roll, and it vra- 
 
 L the assessment of 
 ] nursery, and not in^ 
 [This section applies 
 ^fide inclosed and uaC 
 B ground, used in co^ 
 Use, unless a by-law 11 
 found, the valuation L 
 Wpose for which thl 
 [and local advantage! 
 feth the residence or I 
 ler annum, would yiej 
 1 iudgment of the asa( 
 budman v.rigar,L.i 
 
 ItieMity' 
 
 as rated on the assessment roll of the previovs 
 
 r Th real i)roperty, other than the roadway in actual 
 Lnd occupation by the company, and its value ; and 
 
 I, -rije vacant land not in actual use by the company, 
 the value thereof, as if held for farming or gardening 
 
 , ,. g gigrk of the municipality shall communicate such d^"" of 
 " ent to the assessor, who shall deliver at, or transmit "he'reon. 
 "", ^Q any station or oflSce of the company a notice 
 ^ ' to the company of the total amount at which he 
 kjssessed the real property of the company in his muni- 
 
 lityor 
 
 ward shewing the amount for each description of 
 
 kec. 
 
 248oftheMumfl 
 
 L mentioned in the above statement of the com- 
 r, / \ juj such statement and notice, respectively, shall 
 ^id to be the statement and notice required by sections 
 
 J47 of this Act. (r) R. S. O. 1877, c. 180, s. 26. 
 
 A As regards the lands of non-residents who have not J*n"J.^^of*'* 
 1 their naraes to be entered in the roll, (s) the assessors n^n-residen*- 
 [proceed as follows : — 
 
 litis only the land occupied by the road (not the superstructure) 
 lliaWe to assessment. Great Western R. W. Co. v. Bouse, 15 
 10 B 168: Londo7i v. Great Western R. W. Co., 17 U. C. Q. 
 V: Toronto V. Great Western R. W. Co., 25 U. C. Q. K 570; 
 Ufmont R. W. Co. v. Town of St. Johns, 14 S. C. R. 288. 
 gsment must be accordit-g to the average value of land in 
 lity. Great Western R. W. Co. v. Ferman, 8 U. C. C. 
 
 Je statement from the company to the municipality need not 
 
 \m particular form. Great Western R. W. Co. v. Ferman, 8 
 
 Ic.P. 221. And the delivery of the statement by the assessor 
 
 gmpany of the amount at which he has assessed the real 
 
 I of the company is necessary, to enable the company IC 
 
 ied, to appeal. London v. Great Wesum R. W. Co., 16 U. 
 
 1500; NichoUsv. Cumnmui, 25 U. C. (', P. 169. The omis- 
 
 fthe assessor to distinguish, in his notice to a railM'ay company, 
 
 )tlie value of the land occupied by the road and their other 
 
 lerty, as required by the Act, does not absolutely void the 
 
 at Great Western R. W. Co. v. Rogers, 27 U. C. Q. B. 214. 
 
 ithesubject of complaint to the Court of Bevision« S. C. 
 
 t.Q.B.245. 
 
 tKc, 3, and notes thereto. As to the proceedings pre- 
 Ik non-resident l&nd assessments when the names of the 
 jilt act given. See Hall v. Farquharson, 12 0. R. p. 604. 
 

 ri, ' 
 
 ■ ' ill 
 
 740 
 
 To he 
 inter ted 
 in roll 
 separately. 
 
 When not 
 known to be 
 ■ub-dlvided 
 Into lota. 
 
 When 
 
 known to he 
 ■ubdiTidtiO 
 Into iota. 
 
 THK MUNICIPAL MANUAL 
 
 1. They shull insert such land in tlie roll 
 
 [>30 
 
 the otlier assessments, and shall head the sa . 1 
 resideiita' Land Assessments, {t) ^ "'* ^^ 
 
 2. If the land is not known to be subdivided mt i 
 shall be designated by its boundaries or other i'l t ir! 
 description, (w) "'* 
 
 3. If it is known to be subdivided into lots or " 
 a tract known to be so subdivided, the assesso '^ 
 designate the whole tract in the manner prescriljIV 
 I'egard to undivided tracts ; and, if they can obtain ' 
 information of the subdivisions, they shall put do v 
 roll, and in a first column, all the unoccupied lots h "! 
 numbers and nar.es alone, ?,nd without the names ^rf 
 owners, beginning at the lowest number and proceedh 
 numerical order to the highest ; in a second cohinin 
 opposite to the number of each lot, they shall set do 
 quantity of land therein liable to taxation ; in a third za 
 and opposite to the quantity, they shall set down the vi 
 such quantity, and, if such quantity is a full lot it sh 
 sufficiently designated as such by its name or numljert 
 it is part of a lot, the partshall be designated in some! 
 way whereby it may be known. E. S. 0. 1877 
 
 c. 180J 
 
 Mode of Assessing Personal Property, 
 
 ^ 
 
 de°rwfn"°"' 31- Subject to the provisions of section 8, no pel's 
 *°"»™* ''■o'« ving an income exceeding 8400 per annum from an| 
 rofeasion to calling, office, profession or other source whatsoel 
 "^"*'^' declared exempt by this Act, (y) shall be assessed fj 
 sum as the amount of his net personal property \ 
 amount of such income during the year then last 
 
 (t) No action will lie for the recovery of taxes against a no 
 who has not required his name to be entered on the roll, 
 e to sec. 3. The only remedy of the municipality is aeaii 
 itself. lb. 
 
 («) If the land is not knoion, Ac. It is the duty of th 
 under sec. 14, Nos. 8 and 9, to enter the number of the i 
 name of street, or other designation of the local divisioii 
 the real property is situate, and the number of the lot, ho 
 such division. The object is to have some intelligible local j 
 by which the property can be identified. 
 
 (v) See sec. 7, sub. b. 13, 15, 16, 17, 19, 23, 24, 25 and! 
 thereto, as to the incomes which are exempt from taxatid 
 
 
 ''■^'•ii^\m 
 
 
■^«"^^- [«. 30B(^)] ''«««<>^^'' PROPERTY OF NON.REfllDENTS. 
 
 J, of the said sura of «4C0, but nn r]«T x- 
 tfrora the gross amount of such hicon r" ''"'" ^'' 
 LiJebtCflneHH, save such as is equal to H.^'^' "^ f^f^son ol' 
 L ; and sucL Jast year's incorae in gv^ """""^ '"^^''^'^t 
 LjjOO, shall be held to be his net nn. ? *''^ «"^*' 
 L he lias other personal property liabl« 7^" P'-opertj, 
 flcase such excess and other personu V ''^^^^^"'ent, in 
 together and constitute his personn f '"^P^'"*^ «^'"I1 be 
 P^ent, («•) R. S. O. 1877, c ?80, s 28.''^''*^ ^'""^^^ *^ 
 
 J, Tlie beneficial owner of shares whicJ I 
 
 iirii name may be assessed £m fj.« • ^ "°'' stand in »«neflciai 
 ta as if the shares stood in hifow,?''''"" ^'^ ^ievive.ZZly 
 ^2. """own name. 43 V. c. ^^ '"»«»°'"i- 
 
 l_(l) All personal property within fl.« n • 
 Ir of which is not resident in fJio d • ^*'^'"^^» the Personal 
 Lie like the personal propert Tf'w!' f'^^ ^-'^oZ%[^r 
 lerthe same is or is not in the nnl • '^^'"©"H and '""'•"•esi. 
 ta, of an agent or a W^frS TT""'' ^ '""- ^'^" 
 Lowner; and all such r-rsonal Xll'of *'^«"«-aa°^ 
 Ifflav be assessed in the owner's nnr» ^ -^ °^ non-resi- 
 of the agent, trustee or other perso Wip' '"f ""' ^^ *'^^ 
 iKsession or control thereof, (a-) ^ ^^^^^ '^^'^o is in 
 
 ITie property shall be assessable in fi 
 pitmayhappen to be. " "^^ "municipality 
 
 fiis section does not apply to df,,; i j 
 
 is section relates to incomc7~I 7- - * 
 
 i^caUiiig, office, profe Jo„ ^/JtS"^ ^^^ ^^^^^^^^l fron, 
 kn, assessment. (See sec. V) Sucf t"'"" ^^^^atsoever Z 
 
 Km. n the ratepayer hit -,«,,• i,^® P'^^t year aftf..- 
 Eofthe nterestonly JnSr^ -yj"deb^^ furlt 
 
 p. bo if a ratepayer iiar? «.,; "'•"'"flebtednessiaf.^ 
 
 eptio„h.o„.U^^^^^^ 
 
 m, If, notwithstanding such i;r.!..u"^^*8S"ssed for 
 h amount of say |],ooof Ct 3''*^^ ^^'"^^ ••*" "^clebt- 
 fct einterest on that sum ShouM assessment for 
 
 k«al property liable to assessmpnJ IJ^^ ratepayer have ni 
 hetpersonalpropertvltlTl ?*' *^^s shall be hf>I?f^ 
 b"onal proJeX Se to *" ^'" ^«*«^- If, hotevet ^ 
 
 741 
 
 
¥;i 1 ■■ 
 
 742 
 
 AMOument 
 of penonal 
 property of 
 companleK. 
 
 THE MUNICIPAL MANUAL. 
 
 [UJ 
 
 34 
 
 paiiy 
 
 Perponiil 
 property of 
 |)artnor- 
 ahips, how 
 and where to 
 be amcsded. 
 
 asse 
 
 Htand in the name '^f, a person who does not re i 
 Province. 43 V. c. 27, s. 3. **'"'« "»| 
 
 .—(1) The personal property of an incom„ate,l 
 , other than the companies nientionod in huI 
 of this section, shall be assessed ngain.st tho coini ^^'"' 
 .same manner as if the comimny wore un n,,; '^ 
 company or partnei*ship. {y) ' 
 
 (2) The personal property of a hank or of u ,,j 
 which invests th^^ whole or the princi[)al part of its " 
 gas-works, water-works, plank or gravel roads, yJ\1 
 tram-roads, harbours or ether works rcfiuirin'r ♦! 
 ment of tho whole or principal j)art of its tiuai 
 estate, shall, as hitherto, be exempt from nsscssiiitn'tl 
 the shareholders shall be assessed on the inconi' 
 from such companies, (s) 43 V. c. 27, s. 1 (1 2) 415I 
 
 35.— (I) The personal property of a partnership si, 
 scssed against the tirm at tlio usual place of bnsims, 
 partnership, (a) and a partner in ais individual cupanJ 
 
 (//) See 7iV North of Scotfaiid Canadian Mortiiaw f'n i\ rtl 
 P. 552 ; Fho'.nix Ins. Co. v. Kbi'jtton, 7 0. R. m. J 
 
 (j) If the capital or principal part of the capital stuck is] 
 iu real estate such real estate is subject to assessment and 
 consequence fair that the shareholders should only be assess 
 income. .See also, Niayara Fatln ^tcspennioii Bridtie Cn 
 29 U. C. Q. B. 194. "^ 
 
 (a) It is no easy matter to say where the usuui place of I 
 of a partnership is, where the business is such that it cannol 
 ducted in one place, but necessarily in several places. It i 
 hended that the business is to be considered as carried « 
 the principal or head office is situate. In Taylor v. C'rod 
 Co., II Ex. 1, it was held that a corporation (/(tY//,Mvheiej 
 on its bnsinesn. In Minor v. London ami North- Wtuhrn 1& 
 1 C. B. N. S. 325, it was held that a railway company does] 
 on its business at a I'eceiving house or bookiiif office k| 
 agent. In Shields v. Great Northern R. W, Co., '^1 Jur, N. I 
 was held that a railway company does not carry on Imsin* 
 place other than its principal office at which its business is] 
 In Brovm v. London and North- Western R. W. Co., 4 K &] 
 was held that this means their (jeneral business— not w 
 carry on a part or even a material part of their busii 
 further, Adams v. Great Western R. W. Co., 30 L. J. | 
 Mitchell V. Hender, 18 Jur. 430; McMahon v. Iruh Nort 
 R. W. Co., 19 W. R. 212 ; Ahrcns v. McGiligat, 23 U. G.i 
 In Ex parte Charles, L. R. 13 Eq. 638, where mannfactnref 
 field, rented three rooms in London, two of which were ( 
 
 um^, 
 
UAL. [h,3J 
 
 loen not reside ial 
 
 an incorporated 
 tioi\nc\ in HuVspctI 
 i»Ht tho coimiany ii 
 ero iiu unii\u()r|)c 
 
 bank or of a (.on 
 3i\)al \.iirt ol' its me 
 ;ravol roads, vaiki 
 •ka n'nuiriii<; tlie ij 
 art o{ its means i|| 
 pt from assessmeiitl 
 I on tlie income 
 c. 27, 8. 1 (1,2); ' 
 
 of a partnership 
 luil plat!e of l)nsiin>sj 
 lis incUviduHl cupaciti 
 
 linn ^fortl|a<|l: Co. 311 
 7 0. 11. 343. 
 
 i{ the capital stotk is i 
 ;t to assessment and i 
 shoulilonlyheassessd 
 twnnion Brldijt Co. 
 
 [re the usual place oi ' 
 Is is such that it cannorf 
 [n several places. It I 
 )nsidered as carried ( 
 In Taylor v. dm 
 Iporation dwclh wheiej 
 '[and North-W'fMm a 
 railway company does! 
 5 or hooking office k| 
 ,R. ir. Co., 7 Jur. K. I 
 U not carry on Imsind 
 
 I which its business is 1 
 Uif. ir. Co.,4B.&J 
 litrcd husiness-notwl 
 
 II «art of their busi* 
 *R W. Co.,30yj 
 
 0ahon V. ImhMf« 
 
 J where manufactnra 
 two of which were c 
 
 PARTNERSHIP PROPERTY. 
 
 743 
 
 (2).] 
 
 I i'liicli lia»»ilroacly boon asHessed against tbe firm. 
 lift partnership lia.s inoio than ono phico of^ busincHs, ,^;^;;,PJ" 
 
 esdfthle for his share of any p«'rHonal property of the 
 
 1 •inch hIiivI' bo aHsi!Hst!(l, as liir as may be, in tlio luiTin 
 ■ i.s situate, for that portion of the personal}'""" 
 Hirtnersliip which belongs to that particular ' 
 ll ((•) awl it' tl>i« cannot be done, the partnership may 
 
 ■h)kei)t sanipIeH and Holioited (inlijH, it was huM that tho 
 F"'* arriedon at Slielliold and not at London. In Atfonicy- 
 
 *f* W/<'/, 4 lb ^ ^" "'^''' '' ^^'^'^ ''*^'''^ ^'"^^ "* "'•-'"'l'^''" rt'Mldent 
 a n'lercantile Hrin estahli-shed at Now York tor tho Halo 
 
 K mora 
 one 
 
 who made ijurchases in Knglnnd for tho Hrni in Now 
 
 "■"^'t looliiiiK' '^^ *''^' *"'"*"' '" which tho term is used, and hav- 
 "'"Hn tho subject matter of tho statute. Wherever u nierch- 
 
 Kardtotlio8u))ject , • , ,• 
 
 ublished in the course of bia operations, his dealings lunst 
 'over variiius places. Ho hnys in one place and sells in 
 But he has one /uind/iol place in m liich he may be said to 
 ■;, ii'kri' /I'.s /iroiiti ronie home tn / nn. Tliat is irluro he 
 .ills trade." Ih.lM. See further, A/torti( ii-d'aicra/ v. Akx- 
 I R. 10 Ex. '20 ; t'x /mrte lirtnll, 10 Ch. D. 484. 
 
 |See preceding note. 
 
 fheffdrds are, that each branch shall be assessed, ax fur an nuiy 
 liielocahty where it is situate, for fhat jiortiou of the personal 
 \of the partnersliip which belongs to that jiartiru/ai-lnuiuh. 
 Ecttltywill he to say, /r/if. whether there is a branch ; and sec- 
 »haH)ortion of tlie personal property belongs or appertains 
 wrticular branch. Hverything will depend upon tho nature, 
 nnd extent of the business, and the mode in whicii the same 
 licted. In almost every ordinary mercantile business there 
 tonsiderahleditHculty in api)lying the section. It is provided 
 lliis cannot he done, the partnership may elect at whicli of its 
 business it will he assessed for tlie whole personal property, 
 event it shall be so assessed and shall be required to pro- 
 rtiticate at each place of business of the amount of personal 
 assessed against it elsewhere. Wliether this will apply to 
 i\iiig its principal place of ))nsines8 out of the Province, is a 
 which must rest for the decision of the Courts. It has been 
 "steamboating" is a species of business which can only be 
 js a whole, where there is but one boat; ami that piying 
 t»o points in different counties, such a business is not to be 
 as consisting of several branches within the meaning of 
 ion. In re Halt, 7 U. C. L. J. 103. The question was raised 
 the owner of a road having toll gates in dili'ereut nninici- 
 jiia person having difi'erent places of business, but no decision 
 on the point. In re Hepburn and Johnson, 7 U. C. L. 
 
I.', 
 
 I 
 
 m 
 
 1 ■! 
 
 .'■•■',Yr 
 
 
 ^^f^^^: : .. 
 
 ' )..'.r 
 
 ^ : ^ ■ 
 
 'ik».i*6L:'' 
 
 '^■i '^i^^Hil^-t. 
 
 I -i 
 
 '":''♦■ ^'^ 
 
 744 
 
 Where 
 parties 
 carryins; on 
 trade, etc., to 
 be assessed 
 for personal 
 property. 
 
 Wlion the 
 party has 
 two or more 
 places of 
 busioess. 
 
 THE MUNICIPAL MANUAL. r or 
 
 [8. 05 j 
 
 elect at which of its places of business it will be assp ,i i 
 the whole personal property, and shall be required to ^!!fi 
 a certificate at each of the other places of business n 
 amount of personal property assessed against it p1« ^\} 
 R. S. 0. 1877, c. iSO, s. 30. "^''"' 
 
 36. — ( 1 ) Every person having a farm, shop, factory. offi, 
 other place of business where he carries on a trade m'of 
 or CK.lling, shall, for all personal property owned by 
 wheresoever situate, be assessed in the municipality or 
 where he has such place of business, at the time whe ^ 
 assessment is made, (d) 
 
 (2) If a person has two or more such places of businek 
 different municipalities or wards, he shall be assessed atl 
 for that portion of his personal property connected witW 
 business carried on thereat ; or, if this cannot be do"^ 
 shall be assessed for part of his persoaal property atone] 
 of business, and for part at another ; but he shall J 
 such cases, produce a certificate at each place of busi'nd 
 the amount of personal property assessed against liim! 
 where, (e) R. S. O. 1877, c. 180, s. 31. ° 
 
 When the 
 p riy has 
 
 business. 
 
 1}' 
 
 37. If a person has no place of businos.s, he shall bei 
 
 So'pface"of sed at his place of residence. (/') R. S. 0. 1877 cl 
 
 s. 32. 
 
 {d) A man may have his place of l)usiness in one municipij 
 reside in another, or in one county and reside in anotlier. L 
 as resident in the Province, and ha\ lag only one place of bj 
 there might be no difficulty in assessii g him at that i)lace of l 
 for his personal property wheresoeve ■ situate within the ri 
 But if he have personal property out of the Pruvinre tliere i. 
 eat difficulty in holding that such last-mentioned properti 
 je assessed at his place of business. Such a hohling would ( 
 be contrary to the opinion expressed in Attoniry-ikmral 
 
 5 H. & N. 711. See note a to sec. 35 ; see also In n Co 
 Grant 3(56. In the last-mentioned case, Strong, V. C, iij 
 that the testator's grandchildren, domiciled without the P 
 could not be affected by any Act of the Provincial Legislate 
 Dner v. Small, 4 Blatchf. 203, it was held that the statute ofl 
 providing that perso.is doing birsiness in the State as mi 
 bankers or otherwise, though :iot remienli of the State, i 
 assessed on all sums invested in their business, the samei 
 were residents of the State, was constitutional. As to thel 
 of the words " office " and " officer," see Ii<'ij. v. Bridipm 
 
 6 E. 398 ; Re-(j. v. Loral Oovermnent Bc-xrd, L. R. 9 q! B. | 
 
 (e) See note c to sec. 35. 
 
 (/) It is by sec. 14, sub s. 1, made the duty of au assei 
 
lL. 
 
 [8.35( 
 
 m 
 
 PERSONAL PROPERTY OP NON RESIDENTS. 
 
 745 
 
 J will be assessed I 
 e required to pvo 
 3 of business of I 
 against it elsew^i 
 
 , shop, factory, offia 
 i on a trade, prof eb! 
 perty owned by 
 3 municipality or ' 
 at the time when! 
 
 ch places of businei 
 shall be assessed at I 
 jvty connected \ni)a 
 lis cannot be do"^ 
 ival property at one j 
 cr ; but he shall, 1 
 !i\ch place of busing 
 sessed against iiiraj 
 s. 31. 
 
 usinoss, he shall bej 
 R. S. 0. 1877, c.| 
 
 Salarieit 
 etc , to be 
 assessud at 
 thH place 
 where 
 earned. 
 
 mess in one municipii] 
 
 vesiile in another, 
 
 IT only one place of bJ 
 
 fhimatthatvlaceoftf 
 
 Isituate within the li 
 
 fhe PnwhmiVm.v 
 
 st-mentioned property 
 
 ich a holding would c 
 
 U Attorney-Omral vJ 
 
 ' . see also /"• n (t'oo# 
 I ' \^ r Sri 
 
 Le, Strong, N. \- >" 
 
 liciled withoat the ^ 
 
 [e I'rovincial Legisli^ 
 
 llil that the statute oB 
 
 Is in the State as mi 
 
 \le.nt.< of the State, 8« 
 
 business, the same! 
 
 Utioual. AstothJ 
 
 Jcar<?, L.R.aQ-B- 
 lhe duty ol au assea 
 
 L gygry person who holds any appointment or office of 
 'uDieut to which any salary, gratuity or other compen- 
 " . jittached, and performs the duties of such appoint- 
 otiice within a municipality in which he does not 
 'f. ,yi \)Q assessed in respect of the amount of such 
 ' '^tuity or other compensation at the place where he 
 f'" such duties, and he shall not be as.sessable therefor 
 L ulace of residence, but, if required, shall procure a 
 We of bein"' otherwise assessed under the provisions of 
 •tiou ; hut this section shall not apply to nount}' muni- 
 nfficers or to Government officers or officers of minor 
 piiialities when tlie location of the office is iixed by law 
 (Tiilation of the Government or municipality, but in such 
 'thesalaiT) gia-t^^ity or other compensation, shall be 
 (1 against the incumbent of the office in the mnuici- 
 wherein he resides, (ff) R. S. O. 1877, c. 180, s. 33 ; 
 K,e,27,s. 10; 50 V. c. 32, s. 2. 
 
 , The personal property of a person not resident within Jl^eii^^^^y 
 jroviiice,' shall be assessed in the name of and against of non- 
 
 jnaiues and surnames in full of all taxable persons reskhn^ 
 iuiimieip^lity who have taxable property tlierein. But as a 
 Uuv be taxed cat his place of business anil yet not be a resident 
 
 I'lace rf 
 aHsessinent 
 of salaries of 
 Government 
 and munici- 
 pal officerB. 
 
 [iluuicipality, it follows that sec. 14, sub. 
 
 s. 1, nuist be read as 
 
 [lat iuiipUtied. See sec. 3G. Unless, however, the person 
 
 Ikive either ;i place of business or a place of resideiioe in the 
 
 Viitv he cannot bo legally placed on tho roll. Cartwmjiit 
 
 W, i) U. 0. L. J. 181). Prior sections to this provide for 
 
 KDt at the place or places of business. Thus, if any person 
 
 fctinthe municipality have no place of business, he shall l)e 
 
 dat his place of residence. The word "residence" in dift'er- 
 
 tntts may have different meanings, according to the subject 
 
 I and purpose of the statutes. Where the lessees of a road 
 
 ttkough the village of St. Thomas, lived in the township of 
 
 bh, it was held that they could not be assessed in St. Thomas 
 
 Jiiit«rest iu the road. In re Hepburn and JohnntOH, 7 U. C. 
 
 Sowhere the api)ellant, though in the village of St. Thomas 
 
 tneof the assessment, was only temporarily there for the pur- 
 
 Ifindinguptheliusiness of an agency of the Bank of Montreal 
 
 ■(lace, it was held that he could not be taxed on his income in 
 
 hreAshworth, 7 U. C. L. J. 47. So where a resident 
 
 Jiadtaiieu a house at Ingersoll, in another municipality, 
 
 Ithe greater part of his household effects had hcen removed, 
 
 (toihis family resided at the time of the assessmenr,, although 
 
 tarily remained ami slept in his former domicilr during the 
 
 Iraliekl tiiat lie could not be legally assessed in Vienna. 
 
 Iriti/iw, 10 U. C. L. J. 27;"). See also note w to sec. 17. 
 
 ipreceiliug note, and note d to sec. 36. 
 
m 
 
 i"ii 
 
 "^'li 
 
 746 
 
 residents 
 may be 
 assessed 
 •gainst tlie 
 agent 
 tberefor. 
 
 Separate 
 assessment 
 of joint 
 owners. 
 
 Cased 
 
 executors, 
 
 etc. 
 
 THE MUNICIPAL MANUAL. , 
 
 I [8.i 
 
 any agent, trustee or other person who is in the co t 
 possession thereof, and shall be deemed to be the inl" 'i ' 
 property of such agent, trustee or other person for nil'?' 
 within this Act. (y) R. S. O. 1877, c. 180, s. 34 J" 
 
 40. In case of personal pi'operty, owned or possessed K 
 under the control of more than one person resident (/r 
 uiunicipality or ward, each shall be assessed for ]r " 
 only, or if they hold in a representative chaiacter l(,)\ 
 each shall be assessed for an equal ijortion onlv (J\ v a 
 1877,0.180, s. 35. ^" ^'^'■^' 
 
 41— (l) Pe-:,onal property in the sole possession on 
 the sole control of any person as trustee, gnaidian ex 
 or administrator, shall be assessed against such 
 alone, (d) 
 
 \y) See note d to sec. 41. 
 
 (a) Resident, &c. See note/ to sec. 37. 
 
 (b) See noteti to sec. 41. 
 
 (c) This apparently intends that the assessment should be so. 
 as to each ; each to bo assessed for an equal portion oidji, XmI 
 d, infra. If all were jointly assessed, then each would be seveij 
 well as jointly liable for the whole amount of the assessmeiitl 
 where each is only assessed " for a portion," each must be disci 
 on payment for the taxes for that portion. 
 
 {d) Trustees, guardians, executors and administrators ares 
 
 to have the means of reimbursing themselves out of the estate] 
 
 paid for taxes. Though described on the roll in their represei 
 
 capajity it would seem that they are personally liable for 
 
 ment of taxes. "It may, no doubt, operate hardly, but notj 
 
 than the seizure of any other person's goods which may hapa 
 
 in the possession of the person assessed. " Per Robinson 
 
 Dennimn v. Henry, 17 U. C. Q. B. 276. So a iiersonfappeaij 
 
 the books of a bank as the legal holder of its shares is i 
 
 f.-iilure of the bank, held liable for the debts of the bank, to ti 
 
 of the shares held by him, although he received and holds tl| 
 
 as collateral security for a loan to a shareholder or otherwisi 
 
 Se*^ Crease v; Sabcock, 10 Met. (Mass.) ^'25; Grnov. BrudX 
 
 (Mass.) 569; Adderly v. Storm, 6 Hill. (N.Y.)624:iM 
 
 Drown, 1 1 N. Y. 148 ; Re Empire City Banks, 18 N. Y, 199| 
 
 Walker, 31 Iowa 344 ; 7 Am. 137. Personal property of a] 
 
 re. ident within the Province must be assesswl in the nan 
 
 against any agent, trustee or other person who is in the 
 
 possession thereof, and is to l)e deemed the property of sua 
 
 agent or other person for all objects within the Assessmcnj 
 
 8. 39. In The People v. Gardner, 51 Barb. (N,Y.)352,i| 
 
 that a resident of New York was not liable to be assessei 
 
 capital invested in other States upon securities taken and 
 
 :^4i^j^i] 
 
 
is in the control I 
 to be the individi 
 
 • person, Ibv aUolijal 
 180, s. 34. ^ 
 
 vnedov possessed bjl 
 i-son resident [o] inf 
 e assessed f ov his sb 
 ive character, (I) 
 rtiononly. (c) 11 Sj 
 
 sole possession or \ib 
 istee, gviardian, exec 
 jd against such \x 
 
 ASSESSORS. 
 
 747 
 
 17. 
 
 assessment ahouldbe 881 
 eqxial portion onbj, Sefl 
 i\ien each would be seveti 
 lount of the assessmeutl 
 •tion," each must be disc*' 
 
 lion. 
 
 Ld administrators are sd 
 nselves out of the estate!" 
 I the roll in their represr 
 personally liable or \ 
 Operate hardly, hut not] 
 jpoodswhichmaybapji 
 led " P*"^ Robinson, t 
 Ije' So a verson^apps*'' 
 
 [d^r of its «\=^"^«t \':i 
 V debts of the banUotJ 
 
 jie received and holds ti 
 
 Shareholder or otherwis 
 
 U \ f\'^fy ; Orno v. Breed,! 
 
 Iversonal property Dial 
 
 \l assessed in the "a 
 'jevsonwhoismth 
 ,ed the property of sud 
 
 ;withmtheAsse.me 
 
 |51 Bail). (>-^)**^"J 
 Tot liable to be assesses 
 
 Lsecunties taken aBd| 
 
 ,»/\"l PARTICULARS FURNISHED TO 
 
 Where a person is assessed as trustee, guardian, JjJjJ^d .. 
 If or admiuistrator, he shall be assessed as such, (e) trustees, etc., 
 Utbe addition to his name of his representative char- Jjp'l^nu!" 
 d such assessment shall be carried out in a separate «" tta hl^ 
 ^\m his individual assessment, (/) and he shall beto'their* 
 '"' !d for the value of the real and personal estate held by »•"»«■• 
 hether in his individual name, or in conjunction with 
 ' n such representative character, at the full value 
 u^{ or for the proper proportion thereof, if others resi- 
 t within the same municipality are joined with him in 
 E representative character. (5^') R. S. O. 1877, c. 180, * 
 
 f 
 
 General Provisions. ' 
 
 tu\) It shall be the duty of every person assessable for ^a'*'jt"|,*'" 
 Jorpeiso'jal property in any local municipality, to give property to 
 [necessary information to the assessors, and if required hy^^^^^^^ 
 L.ccpwnr or bv one of the assessors, if there is more than by parties 
 
 tassebsui) "' J 1 J. . • •■• • J who are 
 
 .he shall deliver to lam a statement in writing, signed asseseahie. 
 person (or by his agent, if the peraon himself is 
 
 Hi) containing : * 
 
 l(i\All the particulars respecting the real or personal 
 property assessable against such person which are 
 required in the assessment roll ; {i) 
 
 [m reasonable doubt is entertained by the assessor of 
 Iwrrectness of any information given by the party applied 
 
 J agents. In Catlin v. Hull, 21 Vt- 152, it wivs held that where 
 liere left by a resident of the State of New York in the State 
 nont in the hands of the agent for management, collection, and 
 ment that they might Le properly assessed in Vermont. But 
 iits. Board of Supervisors, 11 Am. 132, it was held that where 
 Heat of Iowa had deposited for safe keeping in Illinois promissory 
 UUected by him lelf in Iowa, they were liable to assessment 
 
 [preceding note. 
 
 I An administrator, though assessed in his own name for real 
 y belonging to the estate, cannot (qualify upon it ati a member 
 Icomcil. Reg. ex rel. Stuck v. Davis, 3 U. C. L. J. 128. 
 
 Iltliquite plain that there ought to be no confusion between 
 ment of property belonging to a man in his own right, and 
 
 [liich he holds in a representative capacity. When holding 
 
 pn the latter capacity, he is to be assessed as such ami the 
 
 int is to be carried out separate from his individual assess- 
 
 I h if others resident within the municipality be joined with 
 
 Incii representative character. 
 
 
 
748 THE MUNICIPAL MANUAL. 
 
 to, the assessor shall require from him such 
 
 [M2(J 
 
 statement to 
 be furnished 
 
 \(.j:"/' 
 
 ment. 48 V. c. 42, s. 5 part ; 51 V. c. 29, s. ]U^ ^^ 
 
 [Clause (b) of this subsection and the remaininasi h 
 of this section ivere repealed by 51 V.,c. 20 s luo^ 
 
 43. Every corporation whose dividends arp li".,i>u . 
 toassegsor. ation as aganist the shareholders, shall, at the •,• 
 request of the assessor of any municipality in Avhi }, 'tu 
 is or are any person or persons liable to be asge" n 
 income derived from stock in ijuch corporation (such • d 
 request to be communicated by delivering the sauip \i 
 principal officer of the corporation in this Province "^ J 
 leaving the same at the principal office in the Provi 
 to be made by registered letter, prepaid, addressed tol 
 corporation at the place of such piincipal office) and v\ 
 thirty days after the delivery, leaving or iiostiu" of 
 written request, deliver to such assessor, or send'to hin 
 a registered letter, prepaid, a statement iii writing setl 
 forth the names of the shareholders who are resident! 
 such municipality, or who ought to be assessed for d 
 income by such municipality, the amount of stock lieldl 
 every such person on the day named for that purpose livi 
 assessor in his said wiitteu request and the amouM 
 dividends and bonuses declared during tlie twelve inn 
 next preceding; which statement in writinf^ to be so I 
 ished to the assessor shall contain also a coititicate 
 the hand of the principal officer of the corporation inJ 
 Province, declaring that the same contains^, to the ba 
 the knowledge and belief of such officer, a conect 
 such shareholders, and of the amount of stock held by] 
 on the day so named by the assessor, so far as appears i 
 the books of the corporation or so far as is known otiierl 
 by such officer. 43 V. c. 27, .s. 15, ^rari. 
 
 StatementR 
 (riven l>y 
 parties not 
 binding on 
 aesesBors. 
 
 %m 
 
 44. No such statement shall bind the assessor, or 
 him from making due enquiry to ascertain its correc! 
 and, notwithstanding the statement, the assessor mayj 
 such person for such amount of real or personal prope[ 
 he believes to be just and correct, and may omit his] 
 or any property which he claims to own or occupy,] 
 assessor has reason to believe that he is not entitled] 
 placed on the roll or to be assessed for such propeiil 
 R. S. O. 1877, c. 180, s. 38. 
 
 {h) The assessor is to make such an assessment as he believ 
 just and correct. Some men, owning assessable property, ma| 
 
L. 
 
 [a. 42(4^Hit/Ul PREVENTING CREATION OP FALSE VOTES. 
 
 749 
 
 such written stj 
 29, 8. U (2), 
 
 emaining sn6-sec(i 
 ^, c. 29, s. 11 (2)]| 
 
 inds are liable to 1 
 
 ihall, at the \vvi| 
 
 lality in which tt( 
 
 le to be assessed' 
 
 poration (such wni 
 
 eving the same tol 
 
 V this Province, or] 
 
 ce in the ProvincJ 
 
 ipaid, addressed to 
 
 cipal office) and wifl 
 
 mg or posting of 
 
 2ssor, or send to hin 
 
 Lient l.~.i wrlti 
 
 ivs who are resideutj 
 
 1)6 assessed I'ov 
 
 iiount of stock lieldj 
 
 [ for that pur|)Ose liyj 
 
 est and the amouiil| 
 
 ring the twelve uia 
 
 n writing to he so I 
 
 also a ceititicrtte 
 
 the corporation inl 
 
 contains, to the l)e| 
 
 officer, a correct 
 
 |nt of stock held by J 
 
 Ir, so far as appears 
 
 rir as is known otlie 
 
 j)art. 
 
 Id the assessor, or 
 lascevtain its covreC 
 ^, the assessor Buiy| 
 or personal pi'opa 
 md may omit hist 
 lo own or occupy,! 
 Ihe is not entitled] 
 for such propert 
 
 Isessraent as he belief 
 Lsaable property, ma| 
 
 L-(i) Ii» ^^^® ^^^ person fails to deliver to the assessor J^J^y/j' 
 • tten statement mentioned in the preceding three autement or 
 'l"when required to do so, or knowingly states anything ftH^^^'^ 
 1 1 tl.e written statement required to be made as 
 (i) such person shall, on complaint of the assessor, 
 
 conviction before a Justice of the Peace having 
 
 ■ tinn within the county wherein the municipality is 
 
 forieit and pay a fine, to be recovered in like manner 
 
 '* r penalties v.pon summary conviction before a Justice 
 
 lie Peace. 
 
 M The fine for default shall be under section 42 or 44, 
 laad under section 43, $100. R. S. O., 1877, c. 180, 
 ';43V. c. 27, s. 15, part. 
 
 To prevent the creation of false votes, where any person Assewor to 
 
 Claims to be assessed, or claims that any other person J^JJ^'^^t" 
 should be assessed, as owner, tenant or occupant of creation of 
 any parcel of land, or as a householder, or as pos- '*'** ^*'**"' 
 sessing the income which entitles him to vote in 
 any municipality at any election ; or 
 
 I Claims to be entered or that any other person should 
 be entered in the assessment roll of the municipality 
 as a farmer's son within the meaning of The Muni- 
 cipal Act ; 
 
 [the assessor has reason to suspect that the person so 
 'm or for whom the claim is made, has not a just i-ight 
 . so assessed or entered, it shall be the duty of the 
 lot .0 make reasonable enquiries before so assessing or 
 
 at too small a sum, in order to escape taxation. 
 
 ibving property, but not of sufficient value to (qualify them 
 111 councillors or voters, may desire to be assessed at too large 
 lat, in order either to be a candidate for office or a duly 
 i voter. Others, having no assessable property of any kind, 
 t either of the purposes last mentioned, desire to be assessed 
 jerty when they ought not to be assessed at all. It is the 
 Ithe assessor to be astute in preventing erroneous assessments, 
 iitevcr cause d2signed. 
 
 {written statement is only to be delivered when required by 
 If he have reasonable doubt as to the correctness of 
 
 liormatioa given to him, it is his duty to require the written 
 pt The written statement is intended to be acted upou by 
 
 ui, and may mislead him, to the advantage of the person 
 lit Hence the imposition of a penalty for the giving of a 
 
 tftlse statement. 
 
 til; 
 
A 
 
 760 
 
 THK MUNICIP-.L MANUAL. 
 
 AfMMor to 
 
 give DOtiM 
 
 
 
 
 I'm i--"*k(f' ■!■■■ "''.'■• 
 
 r<>.46(j 
 
 entering any such person, (j) 48 V. c. 42 s 9 • (ii w 
 8. 11 (4). ■'''»lV.c. 
 
 47— (1) Every assessor, before the completion of l,- 
 {h/r.iu1^I «!»'^li l««v« *?r e^«^T party named thereon, resident rdl 
 wbioh their ciled, or navmg a place of business within the mm " 
 ^e'? and shall transmit by post to every non-resident 3 
 required his name to be entered thereon, and furnish d 
 address to the clerk, a notice of the sum at which his ^i 
 personal property has been assessed, according to the f 
 Schedule B., annexed to this Act, (k) and shall enter "^ 
 roll opposite the name of the party, the time of deliveri'^ 
 transmitting such notice, which entry shall be prirm 
 
 U) The proper discharge of the duties of the assessor are M 
 greatest possible importance to the true working of the 
 machinery. The duty here cast upon the assessor is imM« 
 Whenever the assessor has reason to suspect that the person 
 ing the vote, or for whom the claim is made, has not a just ri" 
 be so assessed, it is his duty to make reasonable enquiries \ 
 assessing the person. The iieghct of the assessor to perform tL 
 any other duty cast upon him, subjects him to a penalty SmI 
 225. Upon a prosecution for the penalty there will be two eDnuirl 
 1. Whether the assessor had reason to suspect. 2. Whether 3 
 reason to suspect, he made reasonable enquiries before assessinti 
 order to subject the assessor to the penalty it is not necessary toi 
 that he acted from any corrupt motive. See Tarr v. iliQa 
 C. & P. 380. When an assessor has reasonable notice before he 
 the roll that a change in occupancy has been made, and omits to 
 the necessary changes on the roll it may be probably considerei 
 he has wrongfully refused to insert the proper name on the roll 
 Richards, C. J., In re McCulloch and the Judne of Leech mJl 
 vUle, 35 U. C. Q. B. 452. " ' 
 
 {k) The object of this notice is to eual)le the person for \ 
 intended, if dissatisfied with the sum at which his real and pd 
 property has been assessed , to appeal therefrom. Consideredl 
 light it is of great importance that it should be left or tran| 
 by post (as the case may be,) according to the directionl 
 statute. If neglected, it would seem that the municipal corpj 
 would not be in a position to enforce payment of the taxes, ed 
 distress or action. London v. Great \VeHte.rn R. II'. Co., 16 
 B. 500. In Nicholls v. Gumming, 25 U. C. C. P. 109, the p| 
 were served by the assessors with a notice in the form prescq 
 the effect that they were assessed for 1874 at the sum of §29,1 
 without any further or other notice being served on them th 
 entered on the assessment roll as Unally revised by the ( 
 Revision for $43,400, the Court of Common Pleas held that ta 
 not liable to be taxed on the last named sum. This decia 
 reversed by the Court of Appeal, 26 U. C. C. P. 323, but tH 
 decision was in its turn reversed by the Supreme Court of] 
 lb. 395. 
 
42,8. 9;5lV.c.' 
 
 completion of hig i 
 ■eon, resident or da 
 Lthin the municipa 
 non-resident who 
 3on, and furnished 
 Q at which his veal I 
 ccording to the for 
 ) and shall enter on! 
 [\e time of deliverin 
 f shall be primal 
 
 o! the assessor are of] 
 working of the muni 
 the assessor is imper 
 ect that the person i 
 ^de, has not a just rie 
 reasonable enquiriea 1 
 assessor to perform tli 
 im to a penalty. Se«] 
 there will be two enquil 
 spect. 2. Whether, lu 
 i^uiries before assessing,! 
 by it is not necessary tor 
 
 See Tarr v. McGa 
 lable notice before he t 
 leen made, and omits 1 
 
 be probably consider 
 Proper name on the roll 
 
 « Judge of Leeds onil 
 
 iuable the person for! 
 J which his real and pfl 
 Lerefrom. Considered! 
 [ould be left or trani 
 ling to the direction] 
 lat the municipal cord 
 [ymeut of the taxes, ed 
 ysternR. H'. Co,, 16 B 
 [ C. C. P. 109, the p| 
 lice in the form presctf 
 
 B74 at the sum of ^i%t 
 iig served on them th 
 lally revised by tiie ( 
 |mon Pleas held that tl( 
 
 ^ed sum. Tuis decid 
 C. C. P. 323, but ta 
 
 I'e Supreme Court of j 
 
 k 
 
 COMPLETION OF ASSESSMENT ROLL. 
 
 .751 
 
 of such delivery or transmission. R. S. O. 18""/, c. 
 .wiVin 2 of this 8ect%on a/nd section A8 are repealed by 
 
 I oyhject to the provisions of sections 52 and 54, every when asseM- 
 or shall begin to make his roll in each year not later Sitcom-"" ** 
 the 15th day of February, and shall complete the same i^'e'e"^- 
 r" before the 30th day of April, {I) and shall attach 
 U a certificate signed by him, and verified upon oath or 
 ation in the form following : (m) 
 
 I . ujfeby certify that I have set down in the above assessmeiit 
 1 11 the real properly liable to taxation situate in the municipality 
 \\\ of ((M ^^ '^"** "*"^ ^^*^ *"^ '^® *"'® actual value thereof in 
 t^ according to the best of my information and judgment ; 
 111 that the said assessment roll contains a true statement of 
 ^-resate amount of the personal property, or of the taxable 
 ot every party named on the said roll ; and that I have 
 "ttd and set down the same according to the best of my infor- 
 
 t In each year every assessor must begin to make his roll not 
 L than the fifteenth day of February, and must complete the same 
 (liefore the thirtieth day of April, and on the first day of May, 
 iJehver the completed roll, to the clerk of the municipality, 
 [the certificates and affidavits required by law attached. ( Sec. 50. ) . 
 Ltv, 90 f*r *8 the assessors are concerned, to make and com- 
 %e rolls by the days fixed for the purpose, is imperative. See 
 f „ jec, 248 of the Municipal Act. If an assessor delay to 
 
 I his roil for several days after the time fixed, he is liable if 
 
 to he the result of wilfid omission — 1. To &fine not exceeding 
 
 J ttd to imprisonment until the fine be paid, in the common 
 
 flor a period not exceeding six months. 2. Or, to both fine 
 
 Lprisonment, in the discretion of the Court. See sec. 227. 
 
 iltoa delay be the result of other than wilful omission, still 
 
 tjsor is liable to forfeit such pum as the Court shall order and 
 
 enot exceeding $100. See sec. 225. 
 
 J the non- return of the roll by the day named d.jes not invali- . 
 lie assessment. Nickle v. Douglas, 35 U. C. Q. B. 126 ; ifef/. 
 ,2Q. B. D. 199. See further note <, to sec. 248 of the 
 jjpjl Act. If there be a change of occupancy, aud the assessor 
 iMtice of u, ha may before the return of the roll make a corres- 
 
 ^! alteration on the roll. In re McGiilloch and the County 
 
 b/ Lads and Orenville, 35 U. C. Q. B. 449. 
 
 I The duty of assessors is not only to return the roll by the time 
 Iforthe purpose, but before doing so, to attach thereto a certi- 
 Jjjnedby them respectively, and verified upon oath or affirm - 
 jiiitbe form given. See note r to sec. 330 of the Municipal 
 1 The omission of the certificate does not invalidate the assess- 
 Seenotei tosec. 20. 
 
! 
 
 762 
 
 THE MUNICIPAL MANUAL. 
 
 [M 
 
 mation &m\ belief ; and I further certify, that I have e t 
 tlie names of all the resident householclers, tenants a "if'' ^'"'1 
 and of all other persons who have recjuircd their nam" t ,''^^'"''d« 
 tliereon, witl' the true amount of property occupJM' *"' •-''-"t«l 
 income received by each, and tliat I have not enii'ro'i *!?"^'''' "' 
 any persons whom I do not truly believe to be a houstl U "'""" 
 or freeholder, or the honajide occupier or owner of tl V" ' ^*' 
 in receipt of tlie income set down opposite iiis name f'*.',"^°P*''' 
 and benefit ; and I further certify that aecordinL' to th ) " '* 
 
 .'-/' ^'z^.- 
 
 W'!'- ;•%« !, 
 
 ;;*''^^ 
 
 III .■■fi V' 
 
 or it entitled to be entered thf;rcon under fuiv or' oitlm" ^t ''T*^ 
 Acts ; and I further certify that the date of ddivery or f!l.^ 
 the notice, required by section 47 of The A wes/inu'iif J,.i •. 
 truly and correctly stated in the said roll ; and 1 further f f 
 swear [or affirm, (/i the case may he) that I have noteiitertTf 
 of any person at too low a rate in order to deprive such " 
 a voto, or at too higli a rate in order to give sucl' person a v't""" 
 tliat thi; ainount tor which er.ch such person is assessed u \\ 
 roll truly and correctly appears in the s-.id notice deliverwU 
 niitted to him as aforesaid," "'' 
 
 R. S. O. 1877, c. 180, s. 42 ; 51 V. c. 29, s. 11, (5) 
 
 50. Every assessor shall, ou or before the 1st day of 
 deiTverfed'to deliver to the clerk of the municipality such asses" 
 munfcipaii- ^'O^^' completed and added up, with the certificates and". 
 davits attached ; and the clerk shall inimedi.itely upoal 
 receipt of the roll, file the same in his office, and' tlie 
 shell, at all convenient office hours, be open to the mm 
 of all the householders, tenants, freeholders and L 
 voters resident, owning or in possession of property 
 
 A«i!eii»ment 
 rolls to be 
 
 ties, etc. 
 
 (0 The Manhood Suffrage Act (51 V. c. 4, s. 12).enacts:~"The| 
 sor shall, at the foot of his assessment roll, after he lias coinl 
 the same, raake affidavit before a Justice of the Peace in the 
 or to th'j effect following : — 
 
 ' I have not entered .ny name in the ab^ve roll, f,. j^,, 
 placed any letter or letters in jolumn 4 vippotitt any 
 
 with intent to give to any person not entitled co v ite ( 
 of voting.' 
 
 * I have not intentionally omitted from the said roll the i 
 any person whom I believ, ei titled to be placed tj 
 nor have I, in order to deprive any person of a 
 voting, oriitted from column 4 opposite tiie name 
 person an'-.' letter or letters which I ought to have] 
 there.*" ' 
 
 ^^m:^ 
 
 '■^■. 
 
x. 
 
 [«^ 
 
 ; I have entered theji 
 inants and frcdinld 
 leir names to be entw, 
 cupin! or owned, ^ 
 )t eniorcd the nameil 
 )e a householder, tenJ 
 uor of the property^ 
 is name, for his own i 
 ■•ling to the hcst of 
 ecu the name of bt 
 cr The Amtumud A(, 
 ; atnending either of L 
 jniitted from said roll] 
 10(1 reason to heheve ■ 
 ny or cither of tiie i 
 f <l >livery or transmit. 
 •.x.vnent J ct ism every i 
 and 1 further certifv ; 
 have not entered t'.iB I. 
 deprive such perso. 
 u such person a vote ; l 
 n is assessed upon iluj 
 , notice delivered or tn 
 
 r. c. 29, s. 11, (5) 
 
 'ore the 1st day of 
 pality such assessn 
 he cevtiticates and 
 immediately, upottl 
 is office, and the 
 e open to the inspi 
 reeholders and m 
 •si on of pro))erty, 
 
 I, 8. 12).enacts:-"Tliei 
 )ll, after he has comji 
 I of the Peace in the 
 
 ilj.^ve roll, 0." impn 
 [lumn 4 v^ppofitt any j 
 I not entitled co v ■)te, 
 
 .. the said roll the i 
 litled to be placed t| 
 le any person of a r" 
 1 opposite the name < 
 
 Ich I ought to have 
 
 I .1] xnfE FOB TAKING ASSESSMENT IN CITIES, ETC. 753 
 
 tof incomes in the municipality, (n) R. S. O. 1877, c. 
 
 .. »„riiprson who wilfuUv and improperly inserts or ''""■•^y *'*'' 
 
 or causv"s tlie insertion ot any name in the assess- improper 
 
 * 11 or iissesses or procures or causes the assessment of *"j7'** *"* 
 
 i rson at too high an amount, wiMi intent in either or 
 
 L hcase to give to any person not entitled thereto an 
 
 ■ nt li"!** *^ ^^*® '''*' "^y fileotion ; or who wilfully 
 
 or procures or causes the insertion of any fictitious 
 
 ** n the assessment roll, or who wilfully and improperly 
 
 . mocures or causes the omission, of any nanvj from 
 
 "Cessment roll, or assesses, or procures or causes the 
 
 raeiit of any person at too low an amount, with intent 
 
 Uhercase to deprive any ])erson of his righo to vote, 
 
 y uDon conviction thereof Viefore a Court of competent 
 
 Ldiction be liable to p tine not exceeding $200, and to 
 
 L^onment until the fine is paid, or to imprisonment in 
 
 Iconimon gaol of the county or city for a period not 
 
 LdiDC six months, or to both su jh line and imprisonment, 
 
 like discretion of the Court. 48 V. c. 42, s. 1 1. 
 
 jfl'al ))m'ivjn8 relatiiig co Counties, Cities, Toivns, and 
 Villages. 
 
 1511, lu citi( s, towns and incorporated villages, the coun- Time for 
 liBiteiul of leing bound by the periods above mentioned i'jS°*,e''nt 
 Itakiiif thii assessment, and by the periods named for an'i revising 
 revision of the rolls by the Court of Revision, and by dUe" etc!" 
 [CountyJuilge, may pass by-laws for regulating the above 
 
 lOneobject of the delivery of the roll to the clerk, so far as 
 
 litttion is concerned, is that the same may be filed and open to 
 
 liBspection of all the householders and freeholders resident or 
 
 iBjproperty in the municipality. See Bex v. Arnold, 4 A. & E. 
 
 \\ii<].\: Blange, 10 Jur. 983. This is in order to enable the 
 
 [1! designated, to examine the roll, and if not found correct to 
 
 iljgainstthe same in the manner directed and within the time 
 
 ifor the purpose. Sec. 64. The Court or a Judge no doubt 
 
 ,on a proper application, grant ii mandamuH to any house- 
 
 , tenant or ireeholder reside.it, owning or in possession of 
 
 y in the municipp.lity, who, at a proper time and in a proper 
 
 [demanded inspection of the clerk, but was refused. Seo 
 
 h.]!iwc(utk-upon-Tyne, 2 Stra. 1223 ; Rex v. Babb, 3 T. R. 579 ; 
 
 ] I, My, 76. 141 ; Jiex v. Lucas, 10 East. 235; Bex v. Tower, 
 
 [tS, 162; Rex v. Arnold, 4 A. <jc E. 657 ; see also, Tapping on 
 
 IBM, 52, 95. 
 
 95 
 
the 
 
 asM 
 
 nr-iiW 
 
 
 754 THE MUNIOIPAL MAWUAL. 
 
 periodR, as follows, that is to say : — For takinf» 
 ment between the 1st day of July and the 30th day of s 
 ber, the rolls being returnable in such case to tlie oitv \* 
 village clerk on the Ist day of October ; and in ?^^ 
 the time for closing the Court of Revision shall be th 
 day of November, and for final return by the Jud ** J 
 County Court the 31st day of December ; and tlieasLl 
 so made and concluded may be adopted by the conii 1 { 
 following year as the assessment on which the rate f 
 tion for said following year shall be levied, and in tl 
 following the passing of the by-law, the council mav"*, ? 
 the assessment of the preceding year as the basi- f 
 assessment of that year. R. S. O. 1877 c 180 V n ' 
 V. c. 38, s. 7. ' ■ '""'''■^^i 
 
 STby'i'! , 53-(l) Incitie3,towns,townghips,orincorporatedvi 
 ■taiinents. the couucil may by a by-law, or by-laws, require the piivi 
 of taxes and of all local improvement assessments, incL 
 sewer rents and rates, to be made into the office of thet 
 urer or collector by any day or days to be named therein 
 bulk or by instalments, and may by such by-law or b\ I J 
 allow a discount for the prompt payment of such 1 1 
 assessments, rents or rates, or any instalment thereof oni 
 before the day or days on which the sjimo shall be 
 payable, (o) 49 V.'c. 38, s. 8 ; 50 V. c. 32, h. 3. 
 
 (2) The council may by by-law or by-laws impose an ; 
 tional percentage charge not exceeding five per cent. oiu;y 
 tax or assessment, rent, or rate, or instalment thereof w\\q 
 the same be payable in bulk or instalments, which sha 
 be paid on the day ai)pointed for the payment thereof, an 
 towns, villages, or townships, where no clay shall have ( 
 appointed tor payment, the council may by by-law or byJ 
 impose such percentage on those which shall not have 
 paid on or before the 14th day of December in each year, I 
 having been fourteen days previous demand as hereia 
 provided, and such additional percentage shall be adde 
 such unpaid tax or assessment, rent or rate, or instalJ 
 thereof, and be collected by the collector or otherwise, 
 
 (o) This, if fairly carried out, will be found a conveuience 
 taxpayer. The prompt payment of the instalments may be n 
 condition precedent to the enjoyment of the privilege intended 
 conferred. The latter part of this section as it appears in the n 
 statutes was repealed by 51 Vict. c. 29, s. 5, and a subsectionj 
 which deals with th« subject to which the repealed part tekU 
 
 \miias»iA.L^. 
 
or taking the i»^ 
 >30thdayofSeji!L 
 ie to the city, towa] 
 ' ; ftnd, in mich c« 
 on shall be the IJ 
 by the Judgf, of , 
 p ; and the assessmi 
 by the council of I 
 icli the rate of ta_ 
 'ied, and in the yJ 
 e council may ad 
 ' aa the basis of 
 in, c. 180, 8. 44 ;' 
 
 )r incorporated villa 
 3, require the paymel 
 assessments, includi 
 I the office of thetn 
 3 be named therein 
 uch by-law, or bv.ljj 
 ,yment of such ta 
 ;talraeut thereof, oa| 
 1 same shall be ig 
 c. 32, s. 3. 
 
 jy-laws impose an i^ 
 g live percent, on el 
 iilment thereof, whei 
 ments, which shallj 
 [)ayment thereof, ail 
 10 day shall have 
 layby hy-laworby-j 
 i\\ shall not have 
 mber in each year, J 
 demand as herein 
 age shall be adcle 
 or rate, or instal^ 
 ctor or otherwise, 
 
 und a conveuience 
 
 istalments may be i 
 
 he privilege intended 
 
 as it appears in then 
 
 5, and a sub-section j 
 
 repealed part relat( 
 
 » 
 
 COURT OH* REVISION. 
 
 765 
 
 -me had originally been imposed and formed part of 
 ' mm^ ^"^^ ^^ assessment, rent or rate or instalment 
 
 ^,./5lV. c. 29, 8. 5. 
 
 ji (1) County councils may pass by-laws for taking the^^JJJ}^, ^^ 
 ent in towns, townships, and incorporated villages, paw byiawt 
 the 1st day of February and the 1st day of July. IZ'tTl^l 
 
 (J) If such by-law extends the time for making and com- ment, oic. 
 the assessment rolls beyond the firat day of May, 
 tlietime for closing the Court of Revision shall be six 
 fioiu the day to which such time is extended, and for 
 return, in case of an appeal, twelve weeks from that day. 
 'r,S.O. 18'T, 0. 180, s. 46. 
 
 kieeii 
 
 COUBT OF KEVISION. 
 
 H the council of the municipality (5^) consists of not ^•""J^^rtJ 
 
 1) See note /to sec. 49. 
 
 il This section makes provision for a Court of Revision, so called 
 leitisits duty, on proper application, to revise the assessment 
 
 meacb local municipality. If the council consists of not more 
 
 Ifive members, meh members shall be the Court of Revision. If 
 K than five members, then, by the next section, the council is 
 MUit live of its members to be the Court of Revision. The Court 
 
 limion is the creature of the statute constituting it and its juris- 
 1 is limited to the exerciae of the powers expressly given to it 
 estatute. Its fimctiou is judicial, and is by sec. 61, to "try 
 mplaints in regard to persons wrongfully placed upon or omitted 
 
 [tlie '•oil, or assessed at too high or too low a sum." Such com- 
 lareonly of any person complaining of an error or omission in 
 dto himself, etc. Sec. 64 (1) ; of a municipal elector thinking 
 
 Ly person has been assessed too low or too high, etc. Sec. 64 
 
 lud (if the assessor where it appears that there are palpable 
 I which need correction. Sec. 64 (18). Tobey v. Witnon, 43 
 , Q. B. '230, 234. The roll as finally passed by the Couit 
 
 tcept as to cases appealed, and for which special provision 
 ide (sec. 68 et seq.) to be valid, and bind all parties con 
 I, notwithstanding any defect or error committed in or with 
 i to the roll. Sec. 65. It is only, however, to be so held 
 [matters within the jurisdiction of the Court. If the subject 
 lof complaint be within the jurisdiction of the Court, tlie party 
 meJ must appeal to the Court, and has no other remedy. See 
 U.Co$n, 2 VV. Bl. 1330; Scragg v. London, 26 U. C. Q. 
 ; A wf/ara Fall Suspeiusion Bridge Co. v. Gardner, 29 U. C. Q. 
 i;Camdian Land and Emigration Co. v. Municipality of Dyi^art , 
 [IL8O; London Mutual Fire /«.<(. Go. v. Citi/ of London, 110. 
 S;Brtrfon V. Pir)<pt, L. R. 10 Q. B. 86; Wilson v. Weller, 1 B. 
 |57;/('x V. Hukott, 6 T. R. 583 ; Commonwealth v. Leech, 44 Pa. 
 h re CantU and Walker Streets, 12 N. Y. 406 ; Reg. v. 
 
 m 
 
 ■h: t 
 
 i 
 
 Ij 
 
 (\ 
 
 
 I 
 
 m\u 
 
 'I 
 
 I 
 
 I 
 
 , * 
 
 I t ■ 
 
 ' I 
 
 Si' i 
 
 li.' 
 
 ¥' 
 
 i.feiiii' 
 
756 
 
 THE MUNICIPAL MANUAL. 
 
 N 
 
 •f flv* meiii- more thnn live members, hucIj five members shuU Ite tl pJ 
 
 ovci'HCora of every pariHh to niisc, weekly or'otherwiBe' }j", '^'^' 
 of every hilinhltiiiit, &c., and of every ooch/^u,- of 1hii,|h'\ * 
 
 the Peace, at their tieuerul Quarter Sessions, &c., to tiiii ■" 
 therein as to them shiill ho thought ecjnvunient, and tlie *^ 
 eoncluile and bintl all the parties." In Alilward v. Coflin ''*\vl 
 1330, tlie Court said that all that related to the asscHsmtnt f '■ 
 not in the oecupation of the plaintitt' was cormn non jinlia A 
 determination of the Justices a nullity. This case was inhT 
 F/ttcka- V. Wlli-lm, 6 East. 'JSS, '28G, and llurrtll v ir;,,i. i tI 
 369 ; Be;,, v. Welhaul; 4 M & .S. 222. In Mauludl \- Piiji 
 Bing. 595, the C(.art said that if the person aggrievetl wen 
 inhabitant possessing visible property, he was liable to be plac, 
 rate, although liis ratable property turn out afterwards to ai 
 nothing ; and that his only remedy in hucii case was an ann 
 
 an app 
 
 the 
 
 to noth 
 
 the Justices. The contrary is the riile if tlie subject matter' 
 complaint be one over which the Court has no jurisdiction 
 OroeiivtU v. Biirwdl, 1 Ixl. Kayd. 471 ; Wearer v. " 
 409 ; GoveniorK of liriMol Poor v. Wait, 1 A. & E. 
 Alway, 11 A. & E. 993; Jinj. v. Mayor, .{•(•., oj 
 751 ; AV7. V. Mayor, itr., of Sandwich, 2 Q. W. 895; 10 Q.B.1g3'1 
 V. Mayor, ibc, of Jlarwirh, 2 Q. B. 909; liui, v. iSV. Gmm jJ 
 wark, 10 Q. B. 852 ; Utg. v. Mayor, il-c, of Lidfidil, IC Q. Bj 
 lien, V. Glaniori/anshire Canal Co., 3 E. & E. 18G ; Merse'i Doa 
 Cameron, 11 H. L. C. 443 ; CommiKsionns ofLeilh Ilarlmraii^ 
 V. Inspectors of the Poor, L. R. 1 H. L. Sc. 17; /?ey. v. St J/a 
 Leicester, h. \\. 2 Q. B. 493 ; Great Western li. W. Co v 'Ao« 
 U. C. Q. B. 168 ; London v. Great Western R. W. Co., 17 U cl 
 262; Shaw v. Shaw, 21 U. C. Q. B. 4.32; Shaw v. Shaw, \'2V'.\ 
 V. 456. By 43 (ieo. III. cap. 99, the laws relating to the d 
 under the management of the commissioners for tha affairs of 1 
 were consolidated. It provided for the appointment of assessor! 
 by sec. 24 gave an appeal to any person who should think _ 
 ** overcharged or overrated by any assessment or surcharge," ka 
 by sees. 69 and 70 of 43 Geo. III., c. 101, the right of app 
 extended to " any assessment." This was held to include the( 
 a person claiming exemption and otherwise wrongly assessed. 
 V. Sharpe, 2 Ex. 352 ; see further, Pedky v. Dariit, 10 C. B.| 
 492. The words used as to the jurisdiction of Courts of Revii 
 this Act are substantially, the same as used in 16 Vict c. ij 
 26-28. The question was raised at a very early period as to w| 
 persons claiming to be exempt from assessment, or whose 
 
K 
 
 I'H HhuU lie the 
 
 pnrte Lk, 1 A. 
 f yomi'-li, « A. 
 ■ *i 1'' ST-l; .!//eJ 
 
 8G8 ; iV(//. V V. 
 1. '2. Hec. 1, iMiiUileil 
 otherwiBe. by t;ix 
 I'l'c of IiuhIh, fcc, 
 necessary relief of] 
 I was given to tUl 
 •son or nersoiib slialll 
 ('(• act (lone liy tlie f 
 ivful for tlieJuatio 
 ma, &c., to take 
 lient, and the san 
 •ard V. C'o^iii, 2 Wj 
 the assessment of ' 
 •(1/(1 non jii<lk(, anil 
 I'bis case was uphel 
 'urrell v. Wink, H 'ftj 
 
 Marsliatl v. Pitn 
 rson aggrieved weji 
 18 liable to l)e \i\m 
 out afterwards to an 
 Lch case was an app 
 le subject matter i 
 las no jurisdiction. 
 urer v, I'rke, 3 B, 
 , & E. 264 ; C'/iaWd* 
 •('., oj Newbury, 1 
 '.. S95;10Q.B.5G3{] 
 /'('/. V. St. Cleorijt, 
 f llch/ield, IG Q, B." 
 E. 18ti; Mmeij Doi 
 '' Leilh JIarhuurandl 
 17 ; %. V. St. Mi 
 n R. W. Co. V. Rov 
 li. ir. Co., 17 U.C. 
 (7(((«jv. ^Viaic, 12U.^ 
 vs relating to the 
 s for thd affairs of j 
 ointment of asBeeson 
 ho should think 
 nt or surcharge," 4c 
 the right of appe(i 
 leld to include the ( 
 wrongly assessed, 
 V. Dttiis 10 C. B.; 
 of Courts of Revii 
 sed in 16 Vict, c, ll 
 early period as to wl 
 letement, or wbote 
 
 n 
 
 1^ 
 
 COURT OP REVISION. 
 
 757 
 
 for the municipality. R. 8. 0. 1877, c. 180, 
 
 "*.' V, try Huch u Hubjoct nuittur of (iompliiint. 
 
 '*; If, To. V. IfoiLio,, \-) U. (!. Q. B. ItJS, Sir J. 15. Kobiii!.(.a 
 
 otherwise illegal, wore boiui<l to npponl to tlio Courts 
 ' in other worilH, wbotbor tbo Courts of KoviHiou had 
 
 ■ ■ In fhrtif 
 
 The ''tith and '_'Stii clausoH of oap. lHiJ(H» \'ict.)<mly niako 
 
 , ■ „ „f thcluilii*' of tlio Court tiuiil in rt'L'iird to Hucb nmttors 
 
 1,^. auliinittcil to biiu — that is, any alleged overchargo or 
 
 "infc or till) wrongful insortion of any porson'H nanus;" ami 
 
 Tu»tiiosu[)cr8tructuro of a Ifailway Coini)any was cxoni])! 
 
 tioii, the a.sMi;.ssuiont of HUiterMtruoturo watt illegal, and 
 
 "liiu t'')urt of RuviHiou nor County .Judge bad [lowcr to 
 
 te«n»uch a (lUOMtion. Tbero was no coiuplaint in this caHo 
 
 f i,j,„e of tiic ConiiHvny was "wrongfully iuHorted on the 
 
 rTliocomplaiiitwaH that it was insurtuil on tlu! roll for property 
 
 t M exempt fioni taxation, and thu Court held tiiat tbia was 
 
 I ..nioVL'rharge within-tbo meaning of tbo Act. In J.uinlon 
 
 'Mm n. IK. Co., 17 U. (!. (i. B. '202, Sir .1. B. llobiuHon. 
 
 Ilto.l/i7im)v/ V. C'qlfin, 2 W. IJl. l.'13(), and Charlton v. Alliraij, 
 
 JlF flOl), «aid that "when that baa been assessed wbieb eoubl 
 
 r I "I'ly ii'suesscd, the objection becomes a very different one as 
 
 I Limeiicus from that of a mere over miliiafion;" and linrns, 
 
 Kill! to Milward v. Cojfiii, 2 W. BI. 1:130; Mars/in/l v. 
 
 L J j>i„,,_ ,-,9.-); i,'orrriior.H of /iriitul Pour v. Waif, I A. k K. 
 
 Ins more explicit, and said, "The distinction where it is neces- 
 
 pial, and where tbo claim may be resisted by action ot 
 
 sor replevin, is tliis : if the power existed fo naih- thr a.y.sew- 
 
 itlffl there is a jurisiliction in those doing it, and in .iitrh mxi 
 
 Iwely is '>y apjical «"/i/. I^nt if the assessment bo illnjal, then 
 
 Vnuitiiisiliotion to do it, and in .'*nrh ra--^ the person resisting 
 
 Lqidleil to resort to the remedy of api)eal, but may resist 
 
 iml exaction If people were obliged to subnut 
 
 Qitrary mode of making the assessment, and so compelled to 
 [tlie Coiut of I'cvision for redress rather than take the opinion 
 bUwCoiirtson the illegal act of the Assessor, it might lead to 
 lincona'iiience and hardship, besides holding the door open to 
 Le beiii" perpetrated by the Assessors; aiul as the rolls are 
 jibviiC'Mirt of Revision fornleil from members of the Council, 
 
 Ul not adopt an illegal assessment 1 do not 
 
 "tiie .'isscssor could drive the del'endants to the Court of 
 injiimatter of necessity by calling that laud which was not 
 ln.*("' V. Shnn; '1\ U. C. Q. H. 43-', 4:17, Sir .J. I!, llobin- 
 ll,'' If tlio property w.as exem))t from assessment l)y statute, 
 liij no necessity for going to the ' "ourt of Ucvisiou in order to 
 Itlieink'ision on the point, as the cases of Milirard v. Coffin, 2 
 ,and Vharli'ton v. Allway, 11 A. & E. 993, fully estab- 
 |lii.<k»'v. .S7((t»', 12 U. C, C. P. 4r)(), 4.')9, Morrison, .).. said, 
 jptoiwrty in question (property in the occupation of the Crown) 
 liUxahle property, was wrongly inserted on the roll, and being 
 wj exempt by the statute from taxation, the unauthorized 
 Mt of it could not render it liable to taxation, or ijirc jurli- 
 '.dmHof ilcvmon. It was a mere nullity, &c. 
 
 'i 
 
 1 
 
 ■i:"'| 
 
 '■'' '"\ 
 
 • \'\ 1 
 
 \\ 
 
 Vj 
 
 i ,L 
 
 r-i \ 
 
 ■^ 
 
 m 
 
 ^ M 
 
 Pi B mi 
 
 !^ 
 
 iMU 
 
758 
 
 When of 
 nton than 
 five. 
 
 :..:'.: 'ill 
 
 liiiiJ 
 
 THE MUNICIPAL MANUAL. , 
 
 fi56.! 
 
 56. If the council consists of more than firo 
 
 ""^mberii 
 
 There is nothing in the otatute to show, pr which can W 
 as sliowinc, that property so exempt should become habl t"""'"'*"'^ 
 from the lact of tlie assessor assessing the propertv or i "^ ^'""'''' 
 the roll. " Up to^thU point both tlie ('ommon Law CoSH " ° 
 
 neitliti 
 
 property exempt from taxation could not l)e taxed iml .^ ''*''i 
 
 the Court of Revision nor the County Judge hadUl ' "''"" 
 
 words used in the Act to adjudicate on such a niipuf" "'"'" '^ 
 
 Toronto y. Ureal WeMern R. W. Co., 25 U. C. Q. irS""'.,, '^""« 
 
 question sought to be brought before the Court was an t ^K ' ''" 
 
 of the Court of Revision and County Judge upholdiiiir an^ '^* 
 
 of the superstructure of a railway, which by law is txemi f*/**""" 
 
 atiovi. Draper, C. J., said, "As tf. the questinn itseif as it "^ 
 
 advised, we do not think it would be found to present anv *"** 
 
 ticulty. If the assessors had put the two annual values Sf*'' 
 
 way and superstructure were separately assessed) as f • "" 
 
 whole valuation of the land, though there miyht liave beeu"""'* 
 
 to the County Judge on the question of exccsHU'i-. mhado^ ^\ 
 
 must have confirmed or reduced it, we do not see h()wiii,.i„.".'L 
 -j._ 1.:. .1 ;_; 1.1 1 I 1 1. . """ ""uertnej 
 
 ute, hio decision could have been brought in question " TK' 
 certainly so far as the case can be taken as a decision of an k'ljl 
 decision at variance with Loiulon v. (heat Wtxtern l{ ||' / i, J 
 C. Q. B. 262, and the cases following it, iiicludintf Shaw v tt 
 U. C. C. P. 458. Mr. Justice Morrison, wlm deli vered the y' 
 of the Court of Common }'leas in Shaw v. Shaw, was a meml (S 
 Queen's Bench when Toronto v. Ch'eat Western It. ]\' f^ 
 decided, but was absent, and so took no part in thejudcnient'' 
 case was in Scrayg v. London, 26 U. C. Q. H. 2C3, trcattd 
 decision overruling all the prior cases. One of the ('mestioiu ' 
 in Scraytj v. London, was, whether the decisiim o! the Cooitl 
 Revision (on a claim of exemption from taxation) was final -no w 
 having been lodged to the County Judge. Hagarty, J., who dilin 
 the judgment of the Court, after a review of most of the cmm. J 
 quoting section 60 of the then statute (corresponding with 8m( 
 this Act), said : *• It is perhaps not easy to see iiow these wordsdol 
 cover the whole ground — namely, the wrongful hisertm ofm 
 and undercharge or overcharge. The man who has nothing" hot n 
 erty not assessable is wrontifidly on the roll. Accordim- to | 
 decisions London v. Great Wexleiv R. W. Co., lie-need mm 
 if he do, is not })ound by the judgment of the Court nf Kd 
 or County Ju'^.ge. We think on the whole, we should follotl 
 latest dtcision of this Court, (Toronto v. (treat We^ltnt H. H'.l 
 25 U. C. Q. B. 570, ) as it accordim with our iwliv'uiunt nom,"' 
 Draper, C J., ^orlCurred. Morrison, .1. who delivered a jniL 
 in the case on another point, apparently abstained from in aij2 
 ner referring to the point. Scrngg v. /yOWfi^*?* was appealed J 
 Court of Appeal, but judgment was given on other gnmnds i 
 not touch this point. Scragg v. London, 28 U. C. Q. B. 451 
 in Airkle v. Douglas, 37 U. C. Q. B. 61, the point was fcefoi 
 Court of Appeal and that Court upheld the earlier decisiom bij 
 that where there was no jur'sdiction to make the asscssiuenttl 
 sion of the Court of Revision is not binding on the person eno 
 assessed. Sec further Lewis v. Gray, 1 C. P. D. 4S2, andnotc^ti 
 
 "rUSkM"'-^ 
 
e than five memWrs,! 
 
 •which can be constnHjl 
 become liablt to t&uuor' 
 iroperty or inserting it (, 
 non Law Courts Mi thjj 
 K5 taxed, and that neitid 
 dge had power under ti 
 such a (luestion. Butj 
 I. C. Q. B. 570, whete rt, 
 Court was as to the eB« 
 e upholding an u^smn 
 by law is exempt fromti« 
 icstion itself, as at presd 
 lid to present any great di 
 vo annual values (the roi 
 iy assessed) as fortniiigt 
 e might have been an m 
 »f exccKtirc, nt/«a(ioH, and 
 ) not see how under the i_ 
 ght in question." Thiji- 
 I as a decision of any kind,! 
 ■eat Wtxtern li. H'. Co., Ill 
 ;, including i'/iaic v. .'ilio»,| 
 1, who delivered the judjM 
 V. iS/itnr, was a memberoij 
 If WvKttni li. W. Co., 
 lO part in the judgment. '. 
 ^ C. Q. B. 2G3, treated! 
 One of the (juestionstL 
 le decision ot the lonrtl 
 axation) wastiual-noaif 
 e. Hagarty,J.,whcdtlivL 
 view of most of the caaej,! 
 (corresponding with sec. f" 
 y to sec i\ow these words d 
 wronjiful iiixerdor) of a i 
 nan who has nothing but p 
 the roll. According to I 
 W. Co., he-need notapw 
 lent of the Court o( Uei| 
 > whole, we shouWfolW 
 V. (irc.al We^ltni R. Hj 
 i(h our i?«<ii'M'i">' '■'"W." 
 1, ,1. who delivered a juiL 
 tly abstained from in anyj 
 V, LoitiU)nyia& appealed f 
 (riven on other groumh m 
 &o«,'28U.C.Q.B.4o9j 
 
 i 51, the point *&»'«'* 
 bUI the earlier decisiom i" 
 [to Huvke the asscssiaenttl 
 mding on the person end 
 llC P D.452,andnote?t( 
 
 COURT OF REVISION. 
 
 769 
 
 ,61.J 
 
 :i ciiftll ftDDoint five of its members to be the Court 
 
 K7 Every member of the Court of Revision, before enter- «»»^«/,^ ,., 
 I I u <lnties shall take and subscribe, before the clerk Court of 
 
 r'l'''" nl'lMlity. the following oath (or affirmation in •^"*'*'"- 
 
 it 
 m 
 
 H 
 
 |«ses 
 'I 
 
 the raumcii'«"ty, 
 where by law alhrmation is allowed):— 
 
 r, 
 
 do solemnly swear {or affirm) that I will, to the best 
 iii.lpmeut and ability, and without foar, favour or partiality, 
 "'^ I 1 'ide the appeals to the Court of Revision wliich may be 
 " I tbe*fore me for trial as a member of said Court." 
 Jko. 1877,0.180,8. 49. 
 
 i Rfl Three members of the Court of Revision shall be a <^«oruin. 
 '£'nm ■ and a majority of a quorum may decide all ques- 
 onsW'ore the Court, (r) R. S. O. 1877, c. 180, s. SO. 
 
 [69 The clerk of the municipality shall be clerk of the^.^*'''^ 
 Lrt, and shall record the proceedings thereof, (s) K 8.0.*^" 
 L,c'. 180,s. 51. 
 
 IfiO The Court may meet and adjourn, from tinie to time, Meetings oi 
 loleasure.or may be summoned to meet at anytime by the 
 y of the municipality ; but the first sitting of the Court 
 iKevision shall not be held until after the expiration of at 
 V ten days from the expiration of tlie time within which 
 
 kce of appeals may be given to the clerk of the munici- 
 
 ^ty. (<) K. S. 0, 1877, c. 180, s. 52. 
 
 II. At the times or time appointed, the Court (u) shall ^f|"^*^ *'''' 
 kand try all comi)laints in regard to persons wrongfully plaints, etc. 
 
 (Jiiorom. See note n to sec 225 of the Municipal Act. 
 
 I See sec. 245 of the Municipal Act, ami notes thereto. 
 
 I At least ten days from, &c. See Tobey v. Wilson, 43 U. V. Q. 
 0. See further note c to sec. 115 of the Municipal Act. 
 
 j Tliis section declares the jurisdiction of the Court. It is not 
 It'itryall compLtints of persona " assessetl at too high or too 
 
 isum," but all complaints of persons " wroim/ulh/ placed upon 
 fitted from the Roll. " See note q to a. 55, and note q to h. G5. 
 
 lemm who gives a notice of his intention to appeal is not bound 
 
 liuwitup. Should lie, before the day for tlic trial, abaiulon his 
 the appeal would drop. In lie<f. v. Stoke /ilisH, B Q. B. 158, 
 
 (appeal from an order of justices to the Sessions, the appellant 
 a notice of countermand, but the C'ourt, notwithHtandinir, 
 
 Unorder coufirining the order of the Justices, with costs. It 
 
7G0 
 
 li ■ i 
 
 ii- i!|| 
 
 THE MUNICIPAL MANUAL. 
 
 [Ml.i 
 
 placed upon or omitted from the roll, or assessprl «* 
 
 or too low a sum. R. S. O. 1877, c. 180, s. 53. ^^^^^ 
 
 was heH that the Court had no jurisdiction to do so B fli^~~ ~~" 
 it is declared that "if either party fails to appear either^ '"'"'* i 
 by an agent, the court may proceed ex parte. " .Sul)-s '' 17 f" ^^^"^^"^ "f 1 
 the appellant appear to prosecute his appeal, and show r*^' ^' H 
 be in a position to do so, it is the duty of the Court t t ""''^'^ ^t 
 the court, before proceeding ex parte against tlie porsonsV^* i*^"* 
 the notice was given must be satisfied that due notic-ltl • "' 
 say, at least six days' notice— had been given to snnl, L.!- ' '' ' 
 Morrison, J., in li"<,. v. Gormoall, 25 U. C. Q. B. 292 ^T !*■ '''' 
 auce of the parties by their counsel for the purpoTe'of 1 '** "'^'*'' 
 the notice is no waiver of it. ///. In the event of tlio ('(nn't™'!"^. 
 to hear a complaint when it ought to do so ' *^' 
 
 obtained to compel them to do so. 
 
 7^, 
 
 I'X V. 
 
 » man(lamu.s \mU\ 
 
 & C. 28.i. "In this case a rate M-as made iiud a xm,, V 
 
 Kitchie theai) 
 
 and applied tor relief unrler t, ' 
 liwardens, &c. They resolved L?^: 
 
 application for relief. Thorrefl; '• 
 ■" ihe proper course under these cj. 
 
 ordered to be paid out of that rate to Sutor 
 objcctetl to such payment, and applied tor 
 third section to the churchwar " 
 would take no notice of his 
 fact, to hear the appeal at all, 
 
 cumstances would have been to have applied to tliisCouf " 
 wifotf/awtMs to compel them to hear this anneal" /Vr l ni-iT ''^' 
 den, C. J., Ih. 287. It is the duty of the Court, wl.;", a r* 
 api)eals against an assessmtnt, and appears to support iiis aiii • l 
 decide tlie complaint either one way or the other. /,((» [v!!*/ 
 Upper Vanuda v. To -iiifu, 2") U. C. (,). H. 1!)!). ' Ahstiiiniiirf'', 
 decision is no determination of the matter of appeal. II, s' 
 
 '!/■ 
 
 "titl( 
 
 , — - ^ to |);iv ij 
 
 taxes in respect of the assessment against which ho appeals Vi 
 decided, the assessment is, as it wen^, withdrawn from tli 
 ment roll. L<in) Society of Upper (\tnniln v. Tnnniln, '.M U 
 207 ; /">■ Morrison, J. Some net of the Court \voul( 
 necessary before a decision could be said to be given. 
 
 Jii'ij. V. (jiini-diatis of Jiiiji/lesu-aile Union, 21 L. T. \, ,s. 494 />,, 
 Jieifiiiinsfer Union, 1 Q. R D. .'iOS. The l)ors()n app'ealiii'*Ms(Mi'titl 
 to a decision «m his appeal before he can I)e made lialile'tdinv 
 
 !. it .seems 1 
 A In/«| 
 
 Jttilije of Perth and J. L. Hotnnmm, 12 U. C. C. 1*. 2.')2, wlierenn 
 application claiming a reduction of assessment, the Court of Hevi 
 adopted a resolution " That the application of .lames LukiiiRobJi 
 for a reduction of his taxes on the as.sessment he dismi.s!iiil as 
 council is of opinion that the lands of crnnplaimut iiive iint I 
 assessed higher in any case thian lands similarly situated (if re.ijil 
 of the municipality," it was held that this resolution Hasa.« 
 act 4h)no to amount to a decision. And i^r !»raper. C. .1. ; " | tl 
 it would amount to an entire defeating of the statute, ami a ilei 
 of the relief it was intended to afford, if. by refusini; to entei 
 the petition altogether, they could jn-event the conii)laiutkiiij! In 
 As at present advised, I should treat tneh a refusal as a dec] 
 agc,inr<t the petitioner. In substance it is certaiuly so, onlyit 
 be said to be a decision without trying the ease, iu the pr 
 histauce, the council have, 1 think, by the very teruis of their n 
 tion, shewn that they have t>-ied the matter, thougii tli'"v liave 
 so without hearing the complainant fnrtiier than liy readini} 
 atutciueuts of his petition. They have dismissed the petitiou 
 
 mm 
 mm I 
 
 otitle 
 t-'f. .')' 
 
 b<i tlin 
 
 \ht |in 
 liv tlio 
 
 I" tlie 
 li'-i.'li 
 riie 
 
 »ni|il:iiii 
 m\ 
 
 i ui till' 
 
 , is IMl 
 
 ligiin-t 
 ■li that I 
 hud Ian 
 put in , 
 
 1^0 witll 
 
 ssaiidii 
 lEvcry a^ 
 
 "^^t,l 
 
 V'^'' iti 
 

 ,64.] 
 
 TRIAL OF COMPLAINTS. 
 
 do 80. By this statute 
 ;ai' cither in person ot , 
 Suh-8. 17 of see. 64, yi 
 I, aui\ 8\io\v himself to] 
 e Court to try it. V,m 
 b tlie \)er80us to whum] 
 due notice— that is 
 u to such parties. I'tr] 
 }. B. 292. The apiieaN 
 purpose of ol)jectiiigto 
 jut of the (.'ourt refueinn 
 , a viandaiiunf might 
 ■. JiiMicM of Ktid, 9 _ 
 le and a sum uf immej 
 Ritciiie (the appellant^ 
 I- relief under t\\e sixty! 
 They resolved thatthej 
 relief. They refused, ii 
 r course under thesi; at 
 plied to this Court iov ^ 
 )peal." /'('(• Lord Temd 
 ,he Court, when a pers 
 •s to support his apiieal, 
 le other, /vi"" S'/i'hj 
 \\. I*.)'.). Abstaining ire 
 ■r of appeal. /'<. See al 
 ^l I,. T. N. S, 41U. IH, 
 wrson appealin;^ is emitl^ 
 1)0 made li.ihle tupayaj 
 which he apiieals. Un| 
 lithdrawu from the a»8 
 V. 7'onwifo, 2.')U. 'M!. 
 Court would, it seems' 
 ,o he given. /''• h\ h\ 
 C. (.'. I'. 2.")2, where oni 
 inent, the Court of Uevis 
 ,n of .lames LukinRo'im 
 imcnt he dismissi'il, as 
 oniplaiu'xnt have not 1* 
 iiilarly situated of re-si;! 
 Is residution was a sutiici 
 ,',.,• Draper, C..I.:" 1 1^ 
 of the statute, amUik 
 if hy refusini? to enter 
 t'thccomiAainthtinj-lie 
 nrh a refusal as a (leci 
 is certainly so, only ni 
 the case, lu tlie \m 
 
 c very ti=''"'* "^ ™'^'' " 
 ■tor, though tlv'ybve, 
 
 rther than hy rcajm?, 
 
 dismissed the petitiou 
 
 I Tl Court, or some member thereof, may administer 
 
 1, / iiiV pfiity or witness, before his evidence i.s taken, 
 
 Lnoatli ', «'iin»mons to hhv witness to attend such 
 
 761 
 
 May admin- 
 ister oatlia, 
 oto. 
 
 J nnv issue ji summons 
 and "i'K\ ^ (^ -^"-T - 
 
 uinmoned to attend the Court of Revi- 
 
 ICoiiit- ('') 
 
 A R. S. 0. 1877, c. 180, s. 54. ,See sec. G4 (16). 
 
 /.« If 11 i)ersoiis uu , , ,. . 
 
 " (..w.^y fiils witlioufc ^jrootl and suthcient rea.son, to 
 
 1/1 "vin" I'W'ii tendered compensation tor his tniie at 
 r'.. te of tit'ty cents a day), lie s'lall incur a penalty of 
 XI he recoverable, with costs, by and to tlio u.se of any 
 
 n'suiii" ff"' tl'" •'''»"'^' ^'*''*"! '^y ^'*"'* '" *'!^' P'"f>P'''" I^ivi- 
 
 "' t "or ill iii'V way in which penalties incui'red under 
 
 *"".') •!l,i\v'fif the iiiunicipality may be recovered. R. S. O. 
 
 " 'r.'l80. s. ')r). 
 
 Prormlini/ j'oi' >}"'' Trial of Coniplaiiits. 
 
 Ri -i\) Aiiv person complaininj^ of an error or omission 
 
 L e-inl toliiiii^'''f. '1^ having been wrongfully inserted on 
 
 llniitted from the roll, or as having been uudercnarged or 
 
 ircliaiijcd hy the as,sossor in the roll, may personally or 
 
 •1 '('lit "ive \\(it'/M in writing to the clerk of the muni- 
 
 k'tv (of ii.-;se.ssiiieiit commis,sioner, if any there be), that 
 
 icnnsidds iii">'^«lf aggrieved for any or all of the causes 
 
 Iresaitl. ("0 
 
 I'analty on 
 witneKsen for 
 non-attend- 
 aiioe, 
 
 Notice <if 
 complaint 
 by party 
 »i;>;ricv€d. 
 
 [his 
 lilariv 
 
 lis laiiila hive not l)een as.se.ssed higher in any case than lands 
 
 ivtitiiated of residents of tho iiiunicipality.' Tliis i.s really a 
 
 Bioiiof the comiilaiiit, and imports an oxaniiiiatioii info tin. wrrifi. 
 
 iviirofess to havu a.secrtainoii a fi.et which iii their judgment. 
 
 ititksthe applicant to relief lunlcr tlie Act. /!>. 2.V2, In AV.r v. 
 
 r I! H. & C, .">1 1, tlic ili.smis.^al of a complaint, on the mistaken 
 
 it'liat tlie court had not juri.sdiction to hear it, was, under the 
 
 lli,ir!iiovi.sions iif .'5 <Iet>, [\'. e, .'{;{, s. 2, c<)U!si<lcrcd such an act 
 
 ilivtlif court a.s to i^ive a right to appeal. Ami pn- Abbot, C 
 
 |"i'lit!ipiilioatioii must bo made witi>iu a certain time, notices 
 
 |oli<L;iven, and the Petty Sessions ni-tst be licld witJiin thirty 
 
 Tlie party, tlu^reforc, cannot rouin Ids apj)lication for relief if 
 
 tapbint is dismissed, nor can this eoint issoo a mfiu'/nmus t() 
 
 leial IVtty Sessions. The question then i-', whether a dis 
 
 Jul the coin|ilaint not oi the merits, but on a mi.staken notion 
 
 I, is not, «;('/'■'■ •'""'A cit •inn-slducfs, to be conaidereil a.s an act 
 
 fig iin-t which an n)>i)eal lies by the isevcnth .seetion of the Act, 
 
 Vithat it is. hut my o()inion is founded on tlie jicculiar ()rovi 
 
 [jnil lanijiiau'c of the Act, and must not be considered us a 
 
 Identiii any other case." //'. i')47. 
 
 |Kn witncs.-' can he compelled to attend till paid or tendered 
 satioii at the rate of lifty cents a (hiy. »See. (53. 
 
 lEvery as.scssor, before the completion of liis roll, and therefore 
 
 9C 
 
762 
 
 Tlmt within 
 whieli 
 Dotiees of 
 •ppeal to 
 tlia Court 
 are to bu 
 gireu. 
 
 THE MUNICIPAL MANUAL. 
 
 [s.64(2). 
 
 (2) The notice shall be given to the clerk (or ' 
 
 .mmissioner, if any there be) within fourteen dar^^'^J 
 
 ly upon which the roll is reauired l>v lu^., +„ , •'^'^'^erthji 
 
 commissioner, 
 
 day upon which the roll is required by law to be 
 
 or within fourteen days after the return of the roir- '^""^'^ 
 
 the same is not returned within the time fixe 1 \^^ '^^ 
 
 purpose, (x) ^^^ *^"''' 
 
 in 
 for thalj 
 
 When 
 elector 
 tbinlcB any 
 peraon aa- 
 •eued at ton 
 low or too 
 high a rate. 
 
 luiite 
 
 (3) If a municipal elector thinks that any person !>.<= » 
 assessed too low or too high, or has been wrongfully 
 on or omitted from the roll, he may within the tim ' 
 by the preceding sub-section give notice in writing t 
 clerk of the municipality, (or assessment comniissLpr * 
 the case may be) and the clerk shall give notice to 811^' 
 son and to the assessor of the time when the matter ll 
 tried by the Court of Revision ; and the matter slnl 
 decided in the same manner as complaints by a 
 assessed, (y) ' J pen 
 
 before the return of it, must leave for every party name 1 fK 
 and resident or domiciled or having a place of business within 
 municipality, and transmit by post to every nonresidunf « 1 
 
 have requested his name to be entered thereon and fumi^h U 
 address to the assessor, a notice of the sum at which his l 
 
 personal property has been assessed. Sec. 47. If up^,. • j 
 
 elf, ai 
 within fourteen days after the time fixed for thereturn'of th J 
 
 of it, the person assessed finds in regard to" himself, an emri 
 omission of the description mentioned in this subsection \\ \ 
 
 give notice thereof m writing to tho clerk of the iniinioipalitv 
 he considers himself aggrieved for any or all of the uusea 
 tioned in this subsection. If the notice required by sic 4"h 
 been served, the assessment might be held invalid LimilJ., ' 
 Western R. W. Co., 16 U. C. Q. li. 500 ; NichoUs y.'Cunmh"!i 
 C. P. 169. But see sec. 65. If the notice be served, and the'mrtv 
 to appeal within the time herein limited, the assessment wouhl 
 him. McCarrall v. WutkUis, 19 U. C. Q. B. 2-18. Mere fi 
 objections to the notice of appeal ought not to he allowed to on 
 when no one can be misled or injured by the alleged crroi's 
 McCulloch and the Judije of the Cuuiity Court of [.eedx ami Gm 
 35 U. C. Q. B. 452. In the case of palpable errors netdiiii; coL 
 tion, the court may extend the time for making complaiuts tenl 
 further. Sub-a. 18 of this section. 
 
 (x) As to computation of time, see note 6 to sec. 185 of the L 
 cipal Act. When the roll was returned on the 1st of .May, bi 
 certificate was neither signed nor sworn to until the 4th of jlai 
 the notice to the parties (signed) informed thfin that tliey mud 
 notice of appeal within fourteen days from the latter (I.Ue, a j 
 of appeal given on the 18th of May was held to be in timJ 
 Allan, 10 O. R. 110. 
 
 (y) Persons assessed may not only, under the preceding' su'-iK, 
 complain of errors or omissions in regard to themselves, hut,| 
 
W'W 
 
 Wfw 
 
 w 
 
 m 
 
 i 
 
 
 "y'i'. 
 
 i.?'!';! 
 
 
 i''" 
 
 •li' 
 
 
 
 !!' 
 
 % 
 
 
 [s.64(2). ^■&64(S)-J 
 
 TRIAL OP COMPLAINTS. 
 
 763 
 
 rk (or assessment- 
 teen days after th*! 
 iw to be returned,! 
 »£ the roll, in cas«] 
 me fixed for tln|| 
 
 any person has 1 
 wrongfully inserts 
 liin the time limitei 
 in writing to th 
 nt commissioner, 
 e notice to such i 
 n the matter viill 
 the matter shall 
 iphiints by a pen 
 
 ry party named there 
 
 •e of business within I 
 
 'y nonresiilent who atj 
 
 hereon and fuiuishedj 
 
 m at •which his real 
 
 . 47. H, upon inspeclj 
 
 jl to hitnselt', an error 
 
 lis subsection, he md 
 
 ov the return of tbej 
 
 of the municipality, i 
 
 )r all of the uuisea 
 
 iquired by sec. 47 ha 
 
 invalid. Lomlon v. ( 
 
 Mia V. Ci(jnHiiim,25l 
 
 served, and the party j 
 
 le assessment would f 
 
 Q. B. 248. Mere fa 
 
 ot to be allowed to pB 
 
 the alleged crroi-s. 
 
 art of I'fdi* <"'<' (•i'''« 
 
 We errors needing cd 
 
 .aking complaiuts teui 
 
 ^bio sec. 185 of the 1 
 
 lontheUtof May.bj 
 
 , until the 4th of M 
 
 th'.'m that they mua^ 
 
 -n the latter dute, ai 
 
 L held to be in timd 
 
 venient 
 
 heCJCi^ v/. ... ,, * . .* ,. ; nouceby 
 
 nd public place witnm the municipality or ward a posting up 
 \ complainants, on their own behalf, against the *• 
 return, and of all complainants on account of the 
 """nt of other pei-sons, stating the names of each, with 
 - ^"-"e description of the matter complained against, to- 
 'T"^ith an announcement of the time when the Court 
 ^!l be held to hear the complaints ; (z) and no alteration 
 I be made in the roll, unless under a complaint formally 
 eaccording to the above provisions, (a) 
 
 (5) The clerk of the Court shall enter the appeals on the ^^'J^nJ' 
 the order in which they are received b" him, and the appeals. 
 rt shall proceed with the appeals in the or .., as nearly portpone- 
 V be in which they are so entered, but may grant an ™ont. 
 iJjoummeut or postpone ment of any appeal. (6) 
 
 rabsection, any municipal elector, who thinks that any person 
 IhLn assessed too high or too low, may make a complamt, in 
 th event he, the complainant, should, iu writing, request the 
 to notify the person complained against, and the assessor, of 
 ' when the matter will be tried by the court, and it will be 
 dntv of the clerk to do as requested. In England it has been 
 M that if a burgess has been struck off the roll on the application 
 I other burgess, the latter has sufficient interest in the matter to 
 de him to appear on a rule for a mandamus, though the official 
 -Jaut does not ; and it is proper, though perhaps not impera- 
 fcto serve a copy of the rnle on such objector. Beg. v. Mayor of 
 >r 19 L. T. N. S. 432. The court will not grant a mandamus to 
 lysuch a roll by the insertion therein of the name of the person 
 1 for non-residence, unless it be made clearly to appear that 
 J 80 substantially and bona fide reside within the borough an to 
 is omission therefrom unreasonable. 7ft. The Court of Revi- 
 Tin doing what is here authorized, act as it were judicially, and, 
 Mm, are protected in what thoy do. Fowler v. Parsons, 20 
 ^431, See also note « to sec. 61. 
 
 jSee sub. s. 6 as to form of list. It is also the duty of the 
 Itoadvertise in a newspaper the time at whicii the court will 
 fits first sitting, sub. s. 7, to cause to be left at the residence of 
 LiKssor a list of all the complaints respecting his roll, sub. s. 8, , ' 
 
 ponotify each person in respect of whom a complaint has been 
 iib-8. 9-11, all of which must be at least six days before the 
 J of the court. Sub-s. 12. By sub-s. 15 four days notice only 
 Ipired in the cases therein provided for. 
 
 Any alteration made otherwise than under a complaint, accord- 
 
 bliw, would be as it were no alteration, and so regarded. See 
 
 IV. Cnmming, 25 U. C. C. P. 169 ; 26 U. C. C. P. 323; 1 S. 
 
 gr the precedin'^ W- 
 to themselves, but.j 
 
 IThe clerk has no discretion as to the placing of the appeals ; 
 fir to eater them on the list in the order m which they are 
 
I" l( 
 
 mm '1 I 
 
 764 
 
 Fonn of list 
 of appeals. 
 
 THE MUNICIPAL MANUAL 
 
 (6) Such list may be in the foUowint' 
 
 [s- 64 d 
 
 lorm :— (c) 
 
 Appeals to be heard at the Court of Revision to be 
 on the day of ' 
 
 Appellant. 
 
 licid at 
 18 . 
 
 ppeaant. Kespeu jng whon.. Matter co,n,.l,n,, ^ 
 
 V, V; , . • Name om ttml 
 
 G.H. 
 
 L.M. 
 
 &c. 
 
 J. K. 
 N.O. 
 
 omitted. 
 Not/wm//,/, o^^,„ . 
 
 occupiint. 
 Personal property 
 derchargcl. 
 
 Olprk to 
 advertiHc 
 sittings of 
 Court, 
 
 (7) The clerk shall also advertise in some 
 
 newspaper r 
 
 ' I'iiper, ! 
 
 (0 leave a 
 lint with 
 
 aasetieoT, 
 
 and v 'up'i'e 
 notice to per' 
 HOI. f;oin- 
 plaiii id 
 ai^aiuit. 
 Form. 
 
 lished in the municipality, or, if there be iiosncl. 
 in some iiews[)aper jmblished in the neui-e.st niuiiicStl 
 which one is published, the time at which the Court will S 
 its first sittings for the year, and the advertisement slinl! 
 published at least ten days before the time of such firstl 
 tings, (d) 
 
 (8) The clerk shall also cause to be left at the resid 
 of each assessor, a list of all the complaints resiiectini 
 roll, (e) 
 
 (9) The clerk shall prepare a notice in the form folia 
 (/) for each jjerson with respect to whom u couiplai 
 been made : ■ 
 
 " Take notice, that you are recjuired to attend the Court oB 
 sion at on the day of 
 
 matter of the following appeal : 
 
 ** Appellant, (/ // 
 
 " Subject — That you are not a huim Jidn owner or occupani 
 the r.oufi, may fie.) 
 
 ••(Signed) x.Y. 
 
 received ; but the Court is only obliged to proceed with thJ 
 in the ortlcr "as nearly as may be " with the express powerl 
 an adjournment or postponement of an appeal. 
 
 (c) See note r to see 330 of the Municipal Act. 
 
 (rf) ' ' At least ten days. " See note c to sec. 115 of the 
 Act. 
 
 (e) This is directed to be done in order to ap'jrizethci 
 the causu of comx)laint, so that he may attcml uuJ, if decu 
 support the roll. 
 
 (/) Sec note r to sec. 330 of the Municipal Act aud uotej 
 12 of this section. 
 
iu 
 
 TRIAL OF COMPLAINTS. 
 
 765 
 
 in\ Tf the oeraon iv^sides or has a place of business in the serTice to be 
 I ^Municipality, the clerk shall cause ths notice to be left "' ™''"-"'*- 
 J^J"person's resic^ence or place of business, (g) 
 
 \\\ If the person is not known, then the notice shall beUo'' «>>- 
 li th some Town person on the assessed premises, if there serTod! 
 I ■ such iiersoD there resident ; or if the person is not 
 L? Unthe municipality, then the notice shall be addressed 
 Ub person through the post office, (h) 
 
 When notice 
 com- 
 
 ]■■)] Everv notice hereby required, whether by publica- J^^^nj 
 atlvevtisenieut, letter or otherwise, shall be completed at pletod.' 
 J six (lays before the sittings of the Court, (i) 
 
 1 1' the person '"tsiuleJ to be notified reside or have a place of 
 
 J ' in the munijipality, it will be sufficient if the notice be left 
 
 r esidencc or place of business. If .i non-resident, it will be 
 
 If. \ jp address tM notice to him through the post office. Sub. 
 
 Tit not known tu*^ notice may be left with some grown person 
 
 tthe assessed premises. Sub. s. 11. Service at the dwelling 
 
 tissutticient. Jie<l- v. JuMicen oj North Riding of Yirhhire, 
 
 IB IM ; see also Jieg. v. Jvstken of Chenhire, 1 1 A. & E. 39. It 
 
 fflbtfur if service on a Sunday would be sufficient. Re(j. v. 
 
 j,,(er '2 B. & S. 391. If the last day for service fall on Sunday, 
 
 «would certainly not be sufficient. Reg. v. Justices of Mid- 
 
 .^Dmvl. N. >S. 719; Asprell v. Justices of Lancaxter, 16 Jur. 
 
 'Pfico'vlv. Neg., 4 C. B. N. S. 264; Wymic v. Rotialdmn, 13 
 
 I S49. But if allowed to be sent by post, it would seem that 
 
 rival of the notice on Sunday would not invalidate the service, 
 
 ./[minder, 2 B. & S. .391. 
 
 Ijj {1,5 person be resident mthiii tho municipality, though not 
 notice may be left with some grown-up person on the assessed 
 But if irithout the municipality, then the notice must be 
 I to him through the post office. See Lewis v. Evaiis, L. 1{. 
 
 IP. '297. 
 
 J elector served the clerk of the municipality with notice 
 
 jteral persons had been wrongfully inserted on the roll, and 
 
 (oB-tted or assessed too high or too low. On the 22nd of May 
 
 It met, when it was objected, on behalf of the parties named 
 
 lotice, that only fre days notice had been given. The Court 
 
 lourued until tlie .30th of May, directing proper notice to be 
 
 1 But the clerk omitted to give the notice. The Court, in con- 
 
 le, on 30th of May refused to hear the appeal, and finally 
 
 lie roll : Feld, that the decision of the court was not 
 
 li. R(ij. V. Court of Revision of Coi-vwall, 25 U. C. Q. B. 
 
 jelil also, that the appearance of the parties, by their coun- 
 
 (he purpose of objecting to the sufficiency <>l the notice, was 
 
 jttofit, Ih. And jicr Morrison, J. : " Jpou an exlmina- 
 
 lnb-sections 2, 7, 8 and 10 of sec. 60, C. S. U. C, c. 55 (cor- 
 
 lijmth sub-sections 3,9, 10, and 12 of this section) which bear 
 
 Lplicatiou, wo find that they are all imperative by force of the 
 
 ktion Act, and when we consider the object of the com- 
 
 1. : l^4 I; l-W-l 
 
 ■ W-] 
 
 vm^ 
 
 
766 
 
 THE MUNICIPAL MANUAL. 
 
 I . 
 
 
 ■enrioea. 
 
 Power to 
 adjourn. 
 
 PiV.; •«*;<>; 111" 
 
 whi ^ 
 
 a88«M J 
 
 [s. 64 (13)^ 
 
 r'*uir™ML (^^) Where necessary, the clerk of the nunici I" 
 riXnwIiIi at the cost of the municipality, call to his aid hiipI *^ "'*' '1 
 "»•*-*"« as may be required to effect the services wliich he " ^""^' ^\ 
 by law to make ; and in the event of his Tailn ^^ '^^"'^^ '"^ 
 such services in time for the first 8ittin«» of" the C "^ ^^^ 
 Court, in its discretion, may appoint an adjourned «?' '''" 
 tht purpose of heaving the appeals for ^vbich th , 
 vei 1 not effected in time for the fir,si, i.ay and th ^"^'^^"^ 
 at /iOes shall be nu Je for such adjourned day. ^ ^^°^ 
 
 (14) If the party assessed complains of an overcharrr 
 h? • personal property or taxable income, he or his lannf , 
 oTrffr"^°'app.a . before the Court, and make a declaration if'^u 
 ;?oK";ret C"»°pl'*i^'^"*/^PP«^/« i« person, in the form of Schedule c| 
 or E. to this Act, according to the fact ; and if th 
 I>lainant appears by agent, such agent may make the dccli 
 tion in the form of Schedule F. G. or H., as the case ma 1 
 and no abatement shall be made from the amount of ^ 
 on account of debts due, nor from the vakie of persunah 
 perty, other than income, in respect of debts, except 
 Mectpfdft- due for or on account of such personal ijroperty a 
 ewh llSy*!' Court shall thereupon enter the person assessed at sua 
 amount of personal property or taxable income as is sr 
 in such declaraticm, unless such Court is dissatisfied witj 
 declaration, in which case the party making the declan 
 and any witnesses whom it may be desirable to examine 
 be examined on oath by such Court, respectin'' the 
 ness of such declaration ; (j) and such Court shall ca 
 
 plftinta made by the relator, we cannot overlook the plain , 
 the statute. The Legislature clearly intended that in all ' 
 objection by third parties, a notice of complaint must be giva 
 party complained against at least six days before the sittiod 
 Court at which it is to be heard, and that such notices 
 prepared and given in due time by the clerk. , . . The! 
 of the Act is plain and unambiguous. If the. mode of pn 
 provided by the statute is insufficient, inconvenient or open 1 
 the remedy is with the Legislature. For this Court to say] 
 days' notice or any less number is sufficient, would beto( 
 le^slative authority." The provisions with regard to notij 
 this section are imperative. Such notice is the foundatid 
 jurisdiction of the Court, and if these provisions hare not I 
 plied with, the Court have no authority to deal with 
 matter of the complaint. Tobey v. Wilson, 43 U. C. Q. B.J 
 See further sub-s. 15, where four days notice only is requii 
 cases therein provided for. 
 
 {j) Net personal property is personal property, lest cerl 
 See note s to sub-ss. 21 , 22 of sec. 7. No one ia to be assei 
 
 lis an 
 
 [tliat 
 He sitting 
 iAct. 
 
 Jsolj-sed 
 
 ? of evil 
 
 Kt Peri 
 
 Ifurt, 121 
 
 |liitJiedai 
 See J 
 
[8. 64 (13)flt 54 (18).] EXTENSION OF TIME FOR COMPLAINTS 
 
 lilter or amend tlie roIJ as the evidence i.A«mc * 
 
 1118.0. 1877, c. 180, s. 5t,, (1-14) ^'"^ *^ ''^aiTant. 
 
 (15) In ofhfcv cuies, the Court, aff . r he •' 
 
 ta'nsnt, and the a.«isessor or asses* >!•« „„1""*^ *^® com- P'oceedrog. 
 ia, d, anJ, if dee.oed desirable," thi n^./"^ ^'^nesses iS,"!'""- 
 uist. shall determine the muttei^ anH ? / complained 
 „e roll accord-nglv tnd in all cases' whth "V '''"^^^ 
 lid tourt, It may iuci-easo the a.s.se8sm«r!l ^°™^ °®^°'*® *he 
 ^ing tl.e nVht person, the clerk givi^ .hi f .?^^ ^* ^^ 
 -ent four days notice of such a.ssessmfnf •??'''' °'' ^''^ 
 L lie must aj)|)eal to .said Court if !,« nhi^\' ^^ "^" ^^"cli 
 
 L (k) R. s. 0. 1^-7, c. 180, .ITTnVT'^r'''''- ' 
 
 h ' ^'■^)> *4 V. c. 25. 
 
 Il6) It .shall not be necessary to hear unon *i , 
 
 tnant or assessor, or the party cnmnio,- j **^ " *"® com- P?*'>« r er- 
 
 Lthe Coiut deems it necessary or nrnn "^"-T^' ""less notV ^t 
 be party is tendered on his own behal/r' °'' '^^ evidence "^'^ 
 Lite party. (/) ^''^'^ O'' ^'equired by the 
 
 \ll) If either party fail.s to appear eithp,. • 
 
 Ut, the Court may proceed ex »^w! / !' ^'^''^'''' ^^ V When topro. 
 
 IS) VVhere it appears that there are na].,abl« 
 
 Icorrection, the Court may exteiwl ' , ' "*?'^ errors which w^tensionof 
 
 Plaints ten day.s further, and ma; then mee't ''7"^'^^"^ '--'"°'°" 
 ______ " ftncl deter- 
 
 1! the amount of his personal pron «■ TT^^ ^ ' ~- 
 
 jeduring the past year, and this witlfonf*^ f" amount of his 
 f debtech^ss. "save such as shlll ea"iuh^»«««« ^y reason 
 If, .^ec. JI. The value of personal l^ *"® i^nuu&l intereaf 
 L be deducted, or amount Jf Tncom? °^fu'^' ^««« such debte 
 [ te..sess,„ent he disputed, Ts°;'^?„^^*hout deduction fo^? 
 fctofono the party complaining/']?'?/"^.*^ determined by 
 Itli the declaration it may procePrrV^ i , ^*'"''t '"J not satia 
 Loramendthe roll as^rSt^ttn''^^^^^ *»d '^^on 
 fcy the declaration was co«c;,«,Ve /S„ce '""" *° ^^rrant?' 
 lis is an exception from the 
 
 g that every notice "shall hf®-?,P''°V"'on in sub q lo 
 
 i., . 
 
 
 „ -.-— ^ on 
 Emigration 
 
 ['he duty of the court before nrn„ ^• 
 
 Ntoaacertain whether or act du^eTf •'^'"^ «* ^"'"^^ under 
 
 l« see note u to sec. 61. ^ °°'*'^« ^M been given to 
 
'Iti^«fe»a^. 
 
 i 
 
 
 ' ' 
 
 'U ', ) 
 
 1 I, 
 
 i 
 
 Bin" t "'J '. 
 
 is ',1 1 4 •' 
 
 m^ 
 
 1 
 
 Pf 
 
 1 
 
 1 V ■' ■ 
 
 A 
 
 k ii .--i^* 
 
 1 
 
 I-- 
 
 1 
 
 •■4 ii ■ - ^ ■ ' 
 
 |;,;^': a; ' 
 
 "i ' '■' 
 1 , 
 
 1* . 
 
 ^- 
 
 w 
 
 ^'feii 
 
 768 
 
 TIIR MUNICIPAL MANUAL 
 
 [«• 64 (18). 
 niino the additional matter coinidaiiicd f>f ,.,.,1 u 
 
 i? 1 1 il , ' *'"' t'l(! Jl 
 
 may, for Hueh jmrposo, bo the coinplHiruiiit, U) 
 
 SuinoMb;'' ^1^) «"'>J<'«fc t" the provisions of .s,.ctiouH 5 
 July iHt. the ilutiesof the Court of lioviKion, wliid 
 
 •'WSpssi 
 
 or I 
 
 and 
 
 51, 
 
 i'r()\ii<ion 
 to tjluiiilKh. 
 
 i^uextionfi 
 u|)eii on 
 appeal. 
 
 matters aforesaid, shall be coinpU'tcd iind tim loll^ • 
 revised liy the Court, Ix'fore the Ist day of .hil'* ^^ *' 
 ... year (o)— except in the municipality „f Shi;i,'ial,^ i',!' ,*!! ■' 
 '• municipality all the duties of th,' Court of Kovisioi '•' 
 relate to the matters aforesaid shall bo coiiiDK'tc 1 . 1" 
 rolls finally revised, by the Court bofi.nMlio l';-)'!!'",! .*' 
 July in every year, and except in iminicipaliti<.st„n,'i„ 'a 
 the provisions of chapter 185 of tli(>se rcn'ised stitnto"' i. 
 U. 1877, c. 180, 8. 56, (IG-ID) ' '' ''• 
 
 (20) Tn case any jierson appeals against his „s.spssiJ 
 upon any ground, the Court of Uevisiou, or tlio Jud.reofl 
 County Court, as the case may be, may re-open tiio wji 
 question of the assessment, so that omissions or oriorsinl 
 assessment may be corrected, and the act;unito amount 
 which the assessment should be made he placed on Uic 
 inent roll by the Court or Judoe before haiuJMi" the 
 over to the clerk of the rautiicipality. (;>) [i y.^c i", 
 
 (w.) "Palpable,' strictly speaking, means, pciveptihle totliu 
 a something that may be felt. But according to the -fiieral un 
 standing, it means something easily perceived and dcttcteiUs 
 thing so plain that the p'^rception of it inniediatcly inoduas di 
 tion. If errors of this nature appear and are of suHioiont impnri 
 to be corrected, there may be an extension of time for muking 
 plaint in reference to them. Even if not essential that the iisu 
 .should be tJie complainant under this sul>-8ection tliere must be] 
 complainant. Tobeij v. iVilsoii, 43 U. C. Q. B. '2'M, 235. 
 
 (0) This provision is designed to get rid of the decision in .Vi 
 V. Cumminux, I 8. C. it. 3!);"). 
 
 {ft) So far as the Court is concerned, this 8('(;tiou would app 
 be imperative. Hut so far as the public is concerned, it luay 
 to be only directory. See note ,7 to sec. 'J48 of the Miiniei|«i 
 Where an act is required to be done for the public good, and 
 has been a wrongful omission to do it, and a serious inwiivei 
 will arise from it.s not being done, it may be ordered to be ilon^ 
 the prerogative writ of ma;)(/«?H»w. Per Lord ClaniplK;!!, C. 
 Rttf/. v. Jiochester, 7 E. & B. 924. Of this we have a well' 
 instance in Boj. v. S/mrroin, 2 Str. 1!23, where overseers oft 
 not having been appointetl for a parish as the statute requir 
 Kaster week or witliin one month after Easter,' a mandan 
 granted after the expiration of that time to Justices to appoii 
 seers for that parish, and the appointment having lieen mi 
 solemnly adjudged to be valid. This decision has been frej 
 
IN HBVISBD ASSESSMENT IIOLI. 
 
 769 
 
 and \\w. iissc.s-iyfl 
 b. {n) 
 
 m 52 and 51, ;Jl| 
 \\\v\\ relate to th 
 1(1 ti\o rolls tiiv.illi 
 ■ oi" .Ivjly ill ovci 
 Sluihbih, in wliid 
 ;, oi llcvlsion wliid 
 com\)loto(l, awl t^ 
 Unv the ir)il\(V,\y( 
 aVitics iou\iiii5 with 
 wised slat ntps. U,i 
 
 uiust l»is asspsMnfl 
 w, or the Jvulj^eofl 
 i,y rc-opeu the wli 
 issions or ovvorsinl 
 actnwato amount 
 lieplaec'.d oulhoasa 
 [bi'i' l\aud'n<; the 
 (;)) HV. 0.25,8.1 
 
 ,, pevceiitililti to tlu' 
 ling to the i^eiicriil iin 
 ivpil anil dctcetcil a 
 ,u'(UatclY V''"'^"^^"* '^* 
 |vve of suificienl im\.»rt- 
 
 of time for making ' 
 •ssential tliat the iiai 
 lectiou there must lie j 
 
 I «. 2»0, 235. 
 
 of the decision in .Vi 
 
 liH section wouhl api 
 1 concerned, it may 1 
 ^48 of the Municiiti 
 |\,c pnhlic g()')d, and 
 \v\ a serious iuconv* 
 Vo ordered to he ilona 
 
 J Lord Camv^Hih. ^-l 
 
 lis we have a wcjlj 
 
 1 where overseers ult 
 
 K the statute reiiuiP 
 
 ivvster,' a """"'''"] 
 Ito.lnsticestoappoif 
 
 ^.nt having hwn J™" 
 Lisiou has heen irH 
 
 ,. The roll, as fin.illy paHH,.! l,y tlu, Comt, Hud co,tifi(Hl K;>i,t.. i;^ 
 1 t as passed, Hliall, oxcept in so tar m tliu sanH^ withitaml- 
 ^ ' u f, rther a...i"n(I.Ml «... api-eul to tho Judge of tl,o|;'f-""' 
 
 not- 
 Ill 
 
 Ibv- . . 
 
 '"'• n .,ft ho valid, «..d Idiid all p'»i-ti(\s coi.oo.-.uhI, noticr oent 
 
 r.iiiiitV v*'u"t 1 ,. . -ii I • 'ii to iieinoni 
 
 • . 1 lo |ieii 
 Willi |u„„gK.,|. 
 
 'to such lull, or any d«tfect, r.-.-or oi- .iiiH-stateiiH.'nt in 
 ^ ■'* reduii't'd l)y section 47 of this Act, or tho oinission 
 ^tprorU.s...iiHUcl. notice, (v) 11. S. O. 1877, c. 180, 
 
 fcMif liver '"' 
 1 51. 
 
 1 anil acted npon. 'I'hcre can ho no <htid»t that for the piih- 
 '^r ml to etl'ectuate tho iiitetitioii •)f tho LegiHiaturu, the rovi- 
 ' • ' ' list (tl'ough the first day ot iluly have jiasHed without it.) 
 
 lOltUC 
 
 Ipri' 
 
 ■tICi 
 
 Li/c 
 
 .. ou.fjit still to take place. The proper eoui-Ho would 
 
 .\ ,^^^^^u])\\' ior A 7)1(1 iKiiiiinis to the liead of the oouucil to 
 
 tl'ieCo'iirt t<» meet, under the authority yiveu him hy .see. 60, 
 
 '"""'.«■ to hear and deteiuiine the mattor.s eomphiiiied of, due 
 
 ^'^Tuuf r -Ht liiven to the respective jjarties. .See /.Vf/, v. Corn- 
 
 '"'* "jj J; Q. ij. 'iiJi'. I'oHHihly the writ uught he diroeted to the 
 
 ormeiiiliL'rs eompoaing it ; tor thougli not a e(.ri»oratinu, they 
 
 tc as it wx-re, a standing and perpetu.d trihunal withi.i the 
 
 ""'nilitv. !'<'' '""'"'^ CamplioU, C. J., in Jtxj. v. Jt'ocheMd', 7 E. 
 
 This provision cures any flaw that may he upon the roll, lieti. 
 Hmillon v. /'i/xr, 8 I'. H. '-"-'.'.. In J-Jorl nf Umlnor v. Utrvc, 
 ; p .{tji ;{()•_>, the Conrt said that ** it had heeu determined hy 
 VjiiilCt'sof Kni^laiul that when a statute provides that the judg- 
 Ltot commissioners appointed thei'ehy shall he Hiial, their deeis- 
 B conclusive, and cannot he (|uostioued iti any cidlateral way.'' 
 lUii V. (''w»;/( , 1 I''- & A. S-S.") Kohinson, C. .1., .said : " When 
 itatute provides that after the roll has heen linally juvssed hy the 
 oiUevision it shall hind all parties coneerned, notwithstanding 
 Jittctorcrior connnitted in or with regard to such roll, that 
 it 1 think, be taken to mean that it shall he hinding on a party 
 name there never was anij /ei/ttl atUhorihj Inr intrudueing upon 
 Jit .ill, iiccause there the very foundati(ui of .isaessnient against 
 1(1/ is wanting," \\\ Hirmbujham Churchwanliu-^ v. Shinv, 10 
 58,it was held that a person exempt from poor nite as the oecu- 
 ((premiscs belonging to a aeientifie or literary society, must, if 
 Jor such premises, contest the liahility hefore the inferior 
 constituted for the purpose, to whom the aj>peal is directed to 
 bv]hr8ons complaining of lieing wrongfully n>Hessod, Lord 
 ill giving judgment, said : "We arc driven, therefore to 
 thesucond groniid on which the rule is supixnlcd, whether, 
 as regards the present I'ates, the society is deprived of the 
 of its exemption becuise it has not appealed against them. 
 itcmni)t be successfnlly contended that the president might 
 mappciled, the (picsti(m is narrowed to tins ; whether, there 
 areniwiy by appeal, and that remedy passed hy, the law will 
 uactiou tobe brought for the enforcement of a rate good on 
 ,andniaile by a competent authority, on a person and in 
 oitheocuupution of property apparently within the jurisdic- 
 
770 
 
 THE MUNICIPAL MANUAL 
 
 [mJ 
 
 lir -^1 
 
 
 ■I 
 
 Copy or M- QQ A. copy of any asscHsment rol . or nnrf inn ^i 
 
 inont roll, written or printed, without any erawur • 
 
 ThisiBnotftnowquoHtioii. N'oriHth 
 
 of (louision unsottlcil or diflicsult. 'I'ho only difiieuUv 1 j P"^""^'? 
 Cfttiou. Tho right of appeal is co-extonsivo witli th.i ,„',!. ?"*"!'! 
 
 _.!.. »iri. it :i. I i_r-..i t.!i ■ . """ "l*r/ltlon of ( 
 
 tion of that authority 
 
 Whethor it hftH.fofoct* which make it e'vo,, 172' 
 
 rate 
 
 ■" 1*1 
 
 lite I 
 
 or 1)0 ohjoctionable only as oxcosHive in amount or u . 
 UHHca-smont, any one who is grieved hy it may apilcal 'hV^l '" 
 of action is limited, as well for tho sake of couvenieiice "'''' 
 ciplos of law and justice. Tho making and allowanuo of th °" ' 
 acts entrusted by the law to certain functionurios, tho or ^' 
 thu jiistii'tjs ; and the exorcise of thoir functions is Hulii. TT\" 
 law to revisi.,n by a Court of Appeal If, i„ tl,o .,xerci«! ofli 
 functions, bitt avtvuj withm thvir jimmhction, they do an 
 act. it is no more null and void, while umiuestioned 1,^'"" 
 than an erroneous decision of tiiis Court on u matter ■^ i''' 
 jurisdiction while unquestioned by a writ of ermr. If jtl*' " 
 against, tho law has made the decision of tho Court of Anr.'l '"^ 
 and if that court confirmed tho act of the inferior function 'i' 
 over confessedly orroncoua tliat decision mijjht lie, it wour/T 
 elusive for all purposes, and, among others, for enforcement- el* 
 absurdity wouhl follow, that a rate whicli tho Court of direct 7 
 jurisdiction had pronounce«l valid, must be considered as inviF I 
 coiisidored collaterally in any other court as tiie proteetini; liu'th 
 for tho orticer of the law who was directed to enforce it. \ ,1 , 
 extent there can be no difference between the case of a rate niJ 
 pealed against and one appealed against and couHrmed. Theai' 
 of tho original Court, up to the time of ap])eal and suhject to 
 exactly of the same force as that of the Court of Ajjpetti. IJntl 
 on exactly tho same principles. Tliey arc tho acts and dtcisi 
 functionaries or courts entrusted l)y tho law on matters witliin 
 jurisiliction. But all this depends on that limitation of jurisdii 
 If in tho first instance tho primary Court has gone iieyond those 
 its act is void. Tho party grieved may, if he j'lease, appeal^ 1, 
 the statute enables him to do so, and excess of jurisdiutini 
 itself a ground of appeal as much as merely erroneous decision 
 if tlie court of appeal erroneously confirms the act of tlm 
 below, it may be that the party appealing cannot object to tin 
 of jurisdiction in any collateral proceeding ; his own act may 
 hini personally. But in the case supposed he is not hoiuid to ' 
 because he is at liberty to treat the act as void." Ih. 8Ii 
 reasoning of this case was approved, adopted and applied in 
 V. IhtvU, 10 C. IJ. N. S. 492, 512. See also Tolmj v. 
 43 U. C. Q. B. 230. The question, then, according to tl 
 soning, is, whether the act of the assessors in assessing the 
 complaining was an act within their jurisdiction. If withi 
 jurisdiction, the act remains, unless disallowed by the Court 
 sion or on appeal to the County Judge. If not within the 
 tion, tho act is null and void, and no act of the Court of 
 or the County Ju<lge can give it validity. See note q to see] 
 Allen v. Sharp, 2 Ex. 352, it was held that the decisioii 
 assessor under 43 Geo. III. c. 99, s. 24, and 43 Geo. III. d 
 69-70, to the effect that a person was a "horse dealer,' 
 
RKVISBD AH8F.SHMRNT ROLL. 
 
 771 
 
 ortion of any hrw 
 y erahuvo or iut« 
 
 in. Noristhf 
 
 pinci^ 
 
 itVicuUy Ue»lniU;iiv 
 
 itli the o\)erati(m oi . 
 
 even ft imlUty in U 
 
 nunt, or unequal in 
 
 f ap\)cal. But the lif 
 
 jonvcnicnco as oii |»i 
 
 allow anvo <>{ t\io rut« 
 
 lariuB, the otcrscers 
 
 ions is Bul)iirtc(l iiy 
 
 , in the lixercUe ui t| 
 
 jn, they tlo an crroiu 
 
 untiueatittneil by ii\n 
 
 i on a, matter witliiu 
 
 ){ error. Ifitheimjiei 
 
 ,ho C!ourt of Appeul tij 
 
 inferior functionaries, 1^ 
 
 lijrht \ic, it wnviW W- . 
 
 1, {or enforcement ; eU' 
 
 the Court of ilirect ami' 
 
 [) con»iilerei\ as invaliil 
 
 baathcvTotectingautl 
 
 ;,l to enforce it. Ami 
 
 11 the ease of a rate m 
 
 u\ contirn\e«\. The autl 
 
 ippeal ami »ul>jed toll 
 
 ouitof Apveal. IV.th 
 
 re the acts ami (kcisw 
 
 law on matters within 
 
 lat limitation »•{ juristlit 
 
 has gone i)eyoniUhn9et' 
 
 if he please, ap\wal,>' 
 
 excess of iurisdiotu 
 
 [oly erroneous ileeiamn, 
 
 ntlrms the act <.f the 
 
 HCf cannot ohjcct to the 
 
 liitu ; his own act nwyj 
 
 Eed he is ""M^^^^JJ, 
 
 [act as void. if'.S.^, 
 
 looted and applied ml 
 
 [ See also Tohf]l v. 1 
 
 1 then, according to tB 
 
 Lsors in as>*e8»u^g tH 
 
 liurisdiction. H "ita? 
 
 Vallowcdhythetourt 
 
 t 1! not within the 
 Uct of the Court ot 
 Itv Scenoteqtosed 
 Pd that the demod 
 L and 43 Geo. lU. p] 
 aa a"Vior9e dealer, * 
 
 aiul uikIoi' tho 8«al of tlio corporation, and certified {jj'jy *'.*'••* 
 
 Il"*^ ' . — ^— ___^— _____ donee. 
 
 less api>calo<l ftga>»«t t" tho mnnncr prcscrihod by the 
 |{l(iiv«, u'l' "jl ij^jj . .. ()„ a carufnl consiilerfttion of thcao Aoti 
 Uate. "7 /uov'sconi to mo to dilVor from tho 4'2 Kli/. c. 2, as to 
 IjPtfhauieiH. ^^ jJ^l^^j. ^^^ le^iHlatuio inU>nil«a that tho asM,'.H> 
 
 j the «»«-'"* 
 
 " "'t unless apiicalcd froni in tho Hrat plnoo to thocommiHBionera, 
 S'r if ucct-Baary, to the jmlycs of tho Superior Courts . . 
 
 IllKpoorra ' jjjj.„,j j,y t|,o commissionerH shouhl he (inul and 
 
 l)|)oaIui 
 
 ' iVitbout referri'iiff to tlio statu toH, I Hhould say a jtrinri, 
 
 1 iect of the Ijegislaturo was to make tlio tlcuision of tho 
 
 ' riiial ami binding, unless tlisputod in tho manner pointed 
 
 *"i 'idiuK the statutes I como to tho same eonulusion. . . 
 
 l!et us then look to tho power of appeal, which ijossibly 
 
 Mhefianadinsuoha way as to shew that tho Legislature did 
 
 ^ it to Ih) conclusive. This provisinn is contained in tho 24th 
 
 *°" f the 4:i <ioo. 111. 0- 9«. wliich enacts that 'if any person 
 
 Ttliink himself onerrhttrofil or overrated by any assessment or 
 
 r. ic it shall bo lawful for him to appeal to tho oommis- 
 
 '*'* • It is argued that tlio wording of this clause shows that 
 
 Iwislituro meant it to apply only to jjorsons liable to bo rated, 
 
 iM (or loo much . Admitting it to bo bo, and that the word 
 
 1L\ " has that meaning, then this jdaintiiF is in the predica- 
 irerraM." „i._.i „:„„„ i..^ s„ „i„„„i., i:„i.i„ *„ .,„^i „e 4.1 
 
 trict sense, ' overrating ' means rating for mnrf than ought 
 
 IntitflW'/ -lis" ""'"'" ""'^^'''g when tho p;ii ty oiuiht not to have, he.en 
 
 ioid. If tlic latter l)o not tho meaning of tho word in the 
 
 te this absurdity would follow — that provision is matlo for the 
 
 ofani'/w' of rating, and none whatever for a rate altogether 
 
 It only remains to be added that our statute, besides using 
 
 ,onl8 " undercharged " or "ovtrcharged," also uses the words, 
 
 li/y inserted on or omitted from the roll, " sec. G4. In Scrafjg 
 
 » 26 U. C. Q. B. 271. Hagarty, J., when referring to the 
 
 eof our statute, said : "Language more apparently indicating 
 
 ibiishmeut of a rule of decision to govern all cnnct and bar all 
 
 7iie</i')n as to tho liability to assessment could, wo think, not 
 
 he used." In McCarrollv. Watkina, 19 U. C. Q. H. 248, where 
 
 ion who at one time had been an occupant of a house, but 
 
 fu owner or had any pretence to he owner, was assessed as 
 
 t but paid DO attention to the notice of aasessmeiit, Sir J. H. 
 
 m, said : " But whether he was assessed on the roll as owner 
 
 jdccupier, it was incun ont on him to appeal or to petition 
 
 Itiie '26th section of 16 \ 't. c. 182, if he meant to insist that 
 
 was moniifuUy imertal on the roll. Having omitted to do 
 
 ibecame liable to pay the amount for which he stood assessed on 
 
 But it has been held thut where tho person was improperly 
 
 hnis not precluded by an adverse decision of the Court of 
 
 irom afterwards disputing his liability to l>e assessed. Nickle 
 
 1, 35U. C. Q. B. 126 ; 37 U. C. Q. B. 51. In a recent case it 
 
 by Proudfoot, J. : — " Whether there was any income or not is 
 
 1 of fact to be decided by the authorities spcciKed in the 
 
 if the assessor errs in this respect the matter may be set 
 

 772 
 
 THE MUNICIPAL MANUAL. 
 
 
 
 
 luh '.'■: 
 
 i'S";.' (• 
 
 Further 
 powen 
 granted to 
 Court of 
 Revision (or 
 remittiiiK or 
 reducing 
 taxen. 
 
 Appeal from 
 Court of 
 Raviglon. 
 
 [s. 66. 
 
 to be a true copy by the clerk of the ronnicipalitv si n i 
 leceived jvs prima facie evidence in any Couit of inV . • 
 out proof of the seal or signuture, or the j)], liiction ^^^'n 
 original assessment roll, of which sjichccrtitied convn '*! 
 lo be a copy, or a {)art thereof. 50 V. c. 32 s. 4 ''"''""^J 
 
 67. The Court shall also, before or after the Ist 1 
 July, and with or without notice, receive and dedde ''"^ 
 the i)etition from any person assessed for a tenement \v"r 
 lias remained vacant during mure than three months "^ t'l 
 year for which the a.ssessment has been niatle, or fm"' 
 person who declajcs himself, fronj sickness or ex'tieiiie iiovc'"' 
 unablt! to jiay the taxes, or who, by reason of aiiy JrolZ 
 manifest error in the roll as finally pa.ssed by tiie Court I 
 been overcharged more than twenty-five per cent, on tl > 
 he ought to be charged ; and the Court niav, subject t? 
 provisions of any by-law in thi behalf, reniit or rednn a 
 taxes due by any such ])erson, or roject the |)etition 
 and the council of any local municipality may, from time 
 time, make such by-laws, and repeal or Muicnd the >«>i 
 R. S. O. 1877, c. 180, s. 58. 
 
 AIT'ICAl-S FHOM TIIK COURT OF REVISION. 
 
 68— (1) An ajjpwd to the County Jiidfre shall lie 
 ordy against a <lecision of this Court of Ikcvision oil' 
 appeal to said Court, but also against the omission nea 
 or refusal of said Court to hear or decide an anpeuj. M 
 
 rifc'ht by an api)lication to the Court of Revision or l)y an aiiii 
 thii County Judge : K. S. O. c. 180, s. 57 (see. (iu) ; and tlie .locitiioin. 
 County Judge in final and conclusive." London. MutunJ Fird 
 Co. of Cauada v. City of Lovdon, 11 (). 11. rM, .lyii. .Seef 
 Catindiav Laud and I'^iniifration Co. v. Dy.sarf, 9 0, R, 49 
 A. U. 80. See further, note q to sec. M. 
 
 (r) The Court is bound to receive and tleuide upon tho pctitj 
 a person eoining within the meaning of tiiis Hectiou. Tiie de 
 may be ';ither for tlie remission or reduuiion of the taxes, ( 
 rejection of the petition, subject always to tiie i)rovision8 
 by-law in tbis bebalf passed by the municipal council, 
 
 (m) Such an a[)peal as the present can only exiHt hy statuti 
 only to the extent tha*^^ the statute plainly gives the risjlit. 
 ar.y-Cetirral v. SUltut, 10 H. L. Cas. 704 ; /'copli v. I'oHc; In 
 Mich. 450 ; MnHcatini- v. Slevk, 7 Iowa, 505. Tiic nnniiciiwl ai 
 ties are not bound, in the absence of statutory rci|uiren>i>iit, to| 
 a person either of his right of appeal or of the proccrdiiij^'s na 
 to prosecute the appeal. Hex v. Jimtkcs of JTc'.' YorLihin 
 & 8. 493, 496 ; see also, Murphy a. t, v. Uarrey, 9 I'. (.'. C. 
 
 
 t^--.. . 
 
 
.cipality, shall \y^ I 
 xvi of justice with-! 
 tr. luctiou of tt)|| 
 itied co)»y puv\M)r 
 
 OJif a. T. 
 
 'ter the 1st day 
 e an<\ clooide u\t( 
 • a tenement wliid 
 hree months in tli 
 nuule, or from a.^ 
 s or exti'cme \w,v('vtj 
 son of any ^robs an 
 teil V)y tlie Court, 1)1 
 B \)iiv cent, on tlie sq 
 ■t may, subject to r' 
 ;f, venVit or reduce * 
 joct tl\o lietitiou; 
 lity may, from time| 
 \ or anu'nd the si\n 
 
 OF REVISION. 
 
 ty JuilS'' '^^'^^^ ^"'^ 
 u-t of Uevision ».n 
 ^t the omission, w'\ 
 Pi-iile an apvenl. (.s) J 
 
 R,evi»i«n or l)y »« aVl« 
 (•,r));audtUeaecwim>« 
 
 u. .W.J, r>«<i. ^•;«'! 
 
 7>y,sar/, 9 0. H. « 
 
 Llecide upo" tUe petifl 
 Ithis section. n»e ''« 
 lluotion ..{ the. taxes, 
 % to the vrovisioua 
 :;il)al council 
 L only exist l.y,Btat««^ 
 n\v «ivcs the nwht. 
 
 Iruif) Tiic muiucivi>i ! 
 &yrc.ivnren:e.>t.toj 
 
 9\1 APPEALS FROM COURT OF REVISIOV, 773 
 
 .7) The person appealing shall, (0 in person or by jiis^X'^of' 
 
 '' - *' '"■•'' "* *'io nninioipiiiity 
 
 H'), within five 
 
 icrci 
 
 I ,• . . nr nwnt. serve iipon the clerk of the nnuiioipiility av)pe»i 
 Z assessment connni.ssioner, if any th 
 
 of the provisions of a statute is no excuse for non-coni- 
 |lpor»ncc its ijrovisions. Whore tlio :ii>|ic>llant nut only uttunded 
 Ijjance ,^|,i(.h tlio applioation was nridt! of the town funds of 
 
 il, but liiniself settled the foiiii of 
 
 the rcHolution 
 
 1)0 allowed 
 
 every 
 
 Ik' h he ciinU'l"'"'-'' ■ 
 
 \ , uhioh he appealed, it was lielil that he could not i)o al 
 
 11^ r ll>"->-"l> "•'■ ■''".'/'•.v. « K- & }^- -'«• "Acconlii.g to 
 
 *''^i nf iustico lie cannot eoniplain of what was his own act." 
 
 ""■JlVt ampl'e". C. J.. //>. '2l'4. In /.V.,: v. ./>is/!rr.s of Norfolk, f> 
 
 *t A,l lliM)-!'!'-. I'Oid !)enni!m said, speaking of appi-uls to <ituirtcr 
 
 It is (ksiniblc that the Court of Quarter Sessions shcuild 
 
 oftbevroeef»f "J 
 
 "" • tlieir rules from time to time, ami that they should rather 
 t'lhe lieariuL' of appeals than to dismissing thetn on technical 
 
 JvaO' 
 
 u" But a person who, after a summary conviction, at once 
 
 *"ssM iliss'itisfact ion and gives a notice of ai)peal, is entitled to 
 
 ""h rd although he paid the anunmt of the line— the p.iymont 
 
 •'.Wen made to i)revent the distress and sale of his goods. In 
 
 WUn*of York ,<nd Pal, 13 U. V. f. \\ If.O ; Dnper. C. J., sai.l : 
 
 Itliik liiither, tiiat a party should not, on any doubtful ground, 
 , ] j^.^,,i j,t a ligiit of appeal against a sunnn.iry convieticm ; and 
 If his oomluct can fairly bear a contrary interpretation, it .-should 
 iSWoimstnu'il a3 a waiver of this riglit. i am disposed to extend 
 ^rt' 111 to narrow Lord Dennian's remark, tluit the (,'<iurt of 
 urter Sessions 'should rather lean to the hearing of aiipeala than 
 lismifsiiig thorn on technical grounds.'" Ih. IG'J, l(j:i. 
 
 I Tiic (lecisiou of the (.!(mrt of llevision is binding, subject to an 
 
 (j1 whieli is lu're given apparently on t'trtain (conditions. In 
 
 llil!,\C. I': 40, Wilde, (*. ,]., speaking of Kng. .Stat. & 7 
 
 [■) 
 
 Ititu; 
 
 tCfi* 
 
 0/ 
 
 Harvey, 
 
 9\;.c.c.l 
 
 :s, .s, til.', said ; "' Upon the ground, tlu'rcfore, lii.it the right 
 
 iiKihi'.iaiiist Hie dicihion of tiie Kevising I'anistir is given only 
 
 aiMulitioii wliicli has not been conij>hed with in tlie present 
 
 the (iiiiit Ik unanimously of ojiiiiion tliat the appell.int is not 
 
 ,iuii>u to be heard." See iiirther. Torrdiirr v. .}f''l*h<rsou, 
 
 (11, li. -JOO ; III n: Mrt/rrx mid II oiiiKCoff, 'Hi V. V. (,). U. (il 1 ; 
 
 r.,.V('«./ /V.>v,-«, •_'.'{ r. C. (»). U. .SIO: I'mllund V. Hmth, '14 
 
 [,g, li. 4ti4; Mi-Lrlhii, v. M,('/,//nii, '2 V. ('. L. J. N. S. *2«)7 ; 
 
 III. ('iirfi's 3 Q. li. l>. l.'l. When tjie Legihl.vture is thus giving 
 
 !Wi;ejunsiliiti()n over rights that have alw.iy.i been the su!>jcct 
 
 ;ti\v;iKhfiil jealou.sy, it is in a peculiar niiimier incumbent on 
 
 DiJ;-' M conlinc hiiiLself strictly within the limits prescribed for 
 
 ■\\ (lihlicrate deviation from .in enactment so express ami 
 
 Iveiii its terms would induce a mischief much greati'r than anj 
 
 necidice that can arise from the l)lunder of the appellant in this 
 
 IV Willie, (■. .1., in Ada/ v. J/il/, 4 C. H. .S8, 4(» ; see further, 
 
 tijM-. IIW(,/^ 4(!. H. MO; Woohf v. Doris, II,. 11 H. The lirst, 
 
 ^Ink' noted is, that the notice must be in writing. See AV;/. 
 
 Hcf «f Sal'iii, 4 r». & Al. G'20 ; V/r,'/. v. Jus/irrs of Sum' f/, o 
 
 lALMll; llni- V. Jiistlrrn of Liiirolnxhirr, 'A H. & (!. f)4H ; Heij. 
 
 iiw t>} Hunliu'jdunshirf, 19 L. .1. M. V,. 1'27. it is not sanl 
 
 litmiut bo signed. l'e.thcrbnd<jr. v. Asit, 4 C. B. 74; .see also. 
 
 wm 
 
■Kf>,'^v 
 
 m-(w. 
 
 ^^-^^.,i 
 
 774 THE MUNICIPAL MANUAL. r *« 
 
 [8. 6g j 
 
 days after the date herein limited for closing the r 
 
 Curtis V. Bright, 
 L. R. 8 Q. B. 305. 
 first day of July 
 
 11 C. B. N. 
 It must be 
 See note b 
 
 S. 95; 
 given ' 
 to sec. 
 
 The first day of July is now the day fixed by law for the fi i 
 of the roll by the Court of Revision, Sub-s. 19, of sec fii r 
 
 wtlhm five davB j J 
 185 of the mScJ? 
 
 revii 
 
 12 of sec. 64, it is declared that 
 shall be completed at least six days 
 Court." See notes to tiidt sub-section. See also sub ''. '" 
 In England, under a somewhat analogous statute tf'^'"" 
 power ("It shall be lawful, &c.") delegated by the ll*!! 
 to the Court "if it shall appear to the Court tltat if 
 not been reasonable time to give or send such notice (ten 
 least) in any case to postpone the hearing of the appeal in suoh 
 as to the said Court shall seem meet." 6 & 7 Vict, c 18 a fU 
 speaking of this provision, Wilde, C. J., said : " Postponilitf th 
 sideration of the appeals to the next term, as sugj^ested w I 
 have the effect of relieving the parties from tlie (lifficultv "h* 
 appointed for the hearing of the appeals having been unusuallv* 
 The day appointed by the Court for the hearing of the umli 
 he still the same. Unless, therefore, the Court is prepared to! 
 a manner that would be wholly inconsistent with judicial a 
 and decorum, by resorting to a mere subterfuge in order to t'S 
 a supposed difficulty, the objection that now presents itself ' 
 not be at all lessened by the lapse of time. Adu/ v. Jfill ^r \ 
 40. In another case the same learned Judge said : " The all 
 has had the whole time between the decision of the casebvtli 
 sing Barrister and the fourth day f.f the term, incluaiv - toi 
 and deliver his notice. He has thought fit to leave it till 
 moment, when there is no time leff; to remedy the defect. 
 power we have to extend the time is under section 64, aiid 
 
 ylies to the notice of the respondent, and not to a case likd 
 'etherbridi/e v. Ash, 4 C. B. 74, 75 ; see also Brmen v. Tarn 
 R. 8 O. P. 241. Courts of Revision are now expressly autho 
 appoint adjourned sittings for the purpose of hearing app 
 whi^h notices were not served in time for the first day. Hi 
 of sec. 64. Tlie appearance of the party on whom the no| 
 served for the purpose of objecting to the sufficiency of the i 
 no waiver. Jiey. v. Cornwall, 25 U. C. Q. B. 28C ; see alsi 
 V. liontems, 4 C. B. 70. The notice is to be of the infc 
 appeal. Its object is simply to inform the parties conccnj 
 the person decided against is dissatisfied, and intends toava 
 of the right to appeal. If it substantially give this infon 
 matter what the form be, 't will be held sufficient. Rey. 
 of Jifnbighshire, 9 Dowl. 509 ; Jieg. v. Jusliccs of Oxfoi 
 Q. B. 177 ; Itrg. v. WeMhovghton, ti Q. B. 300 ; %. v. 
 Buckinghamshire, 4 K. & B. 259, note b ; see also, Rftj. v. 
 JAverpool, 15 Q. B. 1070. The grounds of the apjwal m 
 Btate<l on the notice, unless so required by the statute 
 appeal. Heg. v. Westmoreland, 10 B. & C. 226; see all 
 Derby, 20 L. J. M. C. 44 ; see further, Ue.g. v. jMimofX 
 upon-Tyne, I B. & Ad. 93.*j ; Itcg. v. Jtislicts of Ox/onMin 
 379 ; /{eg. v. Sheard, 2 B. & C. 856. But it should, ou 
 the notice, in some manuer appear that the party is dissatj 
 
 ^h y. Co\ 
 
 oftbecli 
 i' not to hi 
 •twaji jnef 
 ,2fotlie( 
 
 ^•} Hi,f 
 
 W/« niflrl 
 
 Wout//,,^,. 
 "iwatioi. 
 
|(j(5).] APPEALS PROM COURT OP REVISION 
 
 775 
 
 jion, ft written notice of his intentioi. f« 
 
 ^Municipality tlie notice shaU be Xin-'a^" ""'"''' ^" 
 „ the 1st day of August in every^mr "',''' *'" ^*^« 
 .cipalities commg within the provisiom. J u ^'"''^P* '^ 
 iese revised statutes. R. g. O 1 877 . o^^ ''''"P*®^ 186 
 I ^°''> c. 180, s. 69 n 2) 
 
 3) The clerk shall immediately ufrei- fj.„ *• ,. ' 
 
 Uid appeald forward a list of thl o ® "mited for D,yforh.„ 
 
 Ll then notify the olell ^r 't ZT^ '" '^'^ '^"^^«. '"^ 
 'bring thereof, (v) 50 V. c. 32, s. 6 ^Ppomts for 
 
 ,) The clerk shall thereupon give n t" f 
 ttled against in the same manner 1? !^^" **'? P»rties .'lerk to 
 . potice on a complaint under section 64 7li:^'\ ^''' ».. 
 In the event of failure by the clerk f^ V T *"*^ -^^t : 
 
 Ee in aoy appeal made, or to have tit""' '^' ''^^'^'^^ 
 Ir time, the Judge may direct service fnT^ '"''^^ '"^ 
 Subsequent day upon whicli he may sit. L) ^^^ ^'"'' 
 
 He clerk of the municinalitv shall ,. . 
 
 to be posted up ia his office, or the "? *" '''"'P'^"""^ i-frtof .ppe,. 
 
 *>y clerk. 
 
 i provision limits the time aftcv «,i • i 
 
 liDoticegiven before the cJosiiixro7!VV."°''^®»s '»o/ to b« 
 |fo</v. Zivto,< J2 P. K. 77;'"« °* "»« Court of li«vi8k>. ig 
 
 le length of the notice is not h«^» • 
 
 H^y «."b.H. J2 of sec. 64 wm,. I !" 7I^'««« t^'-'ns speci- 
 k notice hereby required wSI 'i^'^' ^''"■^•'' provides 
 kntorotherwise. sIh1iK„3 
 
 ptheCourt." .See al«o^rttbtfti'o?^ "^ ^>"^'« ^^^o- 
 \H^- Court of /JnHxioti r.fri 
 
 ,,, '' "^"'i''' '>ear on this ..«..r ^. ' " ^0 and !« 
 Jl>«Kn,6,r, by f„,.ce „f *,, '1 "PP^'cation, wo find Ult 
 
 ■>.«... of «l.o f„-i . J- '„- i h. pr„vi.i„„ C 
 
 * "•'» *" "»« event of 
 
rre 
 
 THE MUNICIPAL MANUAL. 
 
 
 fit .';5 
 
 [s.68| 
 
 council of tho municipality hold their 8ittin<» 
 
 the nain(,'s of all the aijpellants and paitipM im.'' 'i*'?'^''*"' 
 - - - ' ' . . I'l'iits appealed iifM 
 
 with a briof statement of tho ground oi 
 together wir ' 
 appeals, (x) 
 
 "-■ — "'' Ciiu.so of • 
 together with the date at which a Court will \h> I i ''''' 
 
 (^erk of 
 Court. 
 
 (r>) The clerk of the municipality shall be tho cWk of 
 
 ment. appeiils, and may adjourn the hoiiruij,' from time J 
 
 and defer judgment thereon at his i)le,is\ipi. l.„f '! 
 
 1 111 • '"TUM, I)H[ 1^(1 . 
 
 I'rovisoiis ti tiie appeals may be determined hcfoii. ti^. i , , 
 }«hiiiiiah,c <•. ^,,g„j,(. (-^_excopt in the municipality of Slmiii;ih /j ''' 
 
 e of tho clerk to do what is recinircdof liiin. meets th> Iffi] 
 I the notice required, see suIj-s. 12 of sec. (U. i 
 
 (a;) See preceiling note. 
 
 (y) Iti.s obligatory npon the clerk of the munici!.alitv to , 
 [jrk of the court. No provision is made for tlu; ai)i)i,intmn 
 
 failur 
 As to 
 
 clei 
 substitute 
 
 ap|)i)iiitineai 
 
 {z) It has been made a question whether any new evjdenc 
 gone into or fresii witnesses called on an appeal from tlie (1..J 
 an inferior tribunal, in the absence of stututory Dnuisiim'^ 
 effect. In the case of a conviction for lui oll'ciia', it V 
 
 Earty olTending hiis due not' ;e of the h^a.-'ng, and it is l,jj 
 ring all his evidence to the heariiii,'. Keen v. Siiirki/ii i 
 155, I5(); A niack. (Join. 455. Superior Courts >vc/'-w the 'sej 
 of inferior one^, but that only, and do .lot admit new evideJ 
 produceil below in order to examine the jasticcofivscnteiiLctl 
 not in any degree produced by it. Sue i>iclvcn.s(jn, Oinrtti 
 907, note, in a civil bill appfvl in Ireluid. Iticiuiids, 
 njw evidence is iuadnuHsible. <loniinii v. /lo'iliau, '.iCv. i] 
 C. :m : Munkta-'s Digest, I'-'Oli. Hut in iicv v. boim'i'^ia 
 Kxri^r, .') M. & S. WVA, it was held that the conimissioiHTsofl 
 <m matters of excise could ncjt properly reject the tustiiiionyl 
 nesses tendered for the ii|)pellant, upon an iijipcid to them af 
 (U)nvi<:tion bj' the commissioners of excise, upon the I'louinl J 
 witne.-^ses were not eximincd nt the original iieanin'. ij 
 Ji'lln >/■•<, 1 l>. & <'. G()4, however, where a jicrsDii whc 1 
 summoned by two justices, under 7 & S Will. 111. o. 0. s. 1, 
 before them and w;is ordered to ]>iiy the tithes <Kiiitniktil,,iB 
 no (juestion as to the mod ax, but afterw.arils apiieilfij totlit 
 and at tiie Sessions for the tirst time set up the iivuhK, it 
 that the Justices of the Sessions might, in the exercise 
 discretion, rightly rejtjct the ne: • evidence. In I{ix\.J\ 
 Suffolk, 1 15. & Al. t>4(), where an appeal was made to the! 
 against a rate on four grounds sj)ecilied, and tlic jiarty, I 
 viissatisfied, made a further apjieal to the (JcMieriilScsHinus, i 
 two additional grounds of appeal, Bayley, .1.. siid ; "ThciJ 
 on my mind is, that he (uust, at tho Coau/i/ Sessioiia, be cm 
 
 loicis 
 bilfori 
 
 « any lie 
 
 fappoiiii 
 
 » appeal] 
 
 |i of til is; 
 
 .&2. 
 
 fcsectioiil 
 ^rc tlitl 
 
 jpfrs'M 
 In Hi.iilil 
 
 Itv, m;, 
 
 - ..UOl^M 
 
UAL. 
 
 [. 
 
 b.] 
 
 APPEALS FROM COURT OF REVISION. 
 
 777 
 
 jir sittings, contiin, 
 wties appealeil atfuii 
 i\(\ or Ciiuso, of ;m 
 urt will \)e lield to 1 
 
 iiiali be tho, clerk o{ I 
 
 e Jn(\|^o sliall liearj 
 [•i\\<^ h'om time to 
 j)lo;vsurc, i)ut so tlinj 
 before^ the 1st lUj 
 ^lity oIl SUmiial\(iu\ 
 
 il of him. meets th',; diffidj 
 of sec. M- 
 
 of tho municipality to ( 
 wle for tlu'. appiiintmeni 
 
 jther any new cviilence 
 
 III! a\)\ti!;i\ from the tkcii 
 
 (>{ stiitutoi-y iiroyisinn' 
 
 ' for an oIVl'iki-', it, is s; 
 
 ■n -'n". awl it iH liis ' _ 
 
 Kvcn V. .S(w'*';;,ia 
 
 ir('ovn-t-*nn'.i"tlie3e* 
 
 , lot a.inut new ovulc^ 
 
 in; IHHticootasimtfUwtl 
 
 ,c i)iclicnsou. (JuaitcrS^ 
 
 ',,l:uu\, lli>'ha.-a. U.,M 
 
 „ V. /{.■,i;;/ian, Mr. &I 
 
 ut in li'-y V. Cnmu^Mi 
 
 vt tlu' cnmnnssiouers otl 
 
 '■Iv vojcot tlu! testimony" 
 
 on an avF^l to them 
 
 xciiso.uvontk'ivovm.U 
 
 ■> original lu'arnu;. lu 
 uiuM-(T a ,;.;«'»' ^vl.c^ 
 
 jl; S Will, lll.^'.!'-*^''' 
 the tithes 'Win awb,.. I 
 rNvav-lsappeale. totk 
 
 sot up tlic m»ibi\ It \ 
 
 :;&:- tf3 
 
 ,ncal '.vas n^v.le to th I 
 ii..l.anclthM.artN.lJ 
 
 tv all suf''* appeals shall be dfitermined before the 
 
 hv oi' September in every year), and except in the 
 
 ividetl ft^i' "^ section,s 52 and 54, and e.vcept in 
 
 f.f ijfw,s coinin*' within tli9 provision.s of chapter 185 
 
 Kvisecl statutes. R. S. O. 1877, c. 180, s. 59 (4-7). 
 
 .\t the Cout't to be holden by the County Judge, or Ag«eiinnent 
 '\n,W of the Court, to hear the appeals hereinbefore pr'Jduc^i to 
 
 .Jmlge 
 jiiled for. 
 
 prodace<l 
 
 Id) the peison having charge of the assessment ^''^*^°'"'*J^ 
 
 ..J liv the Court of Revision shall appear and i)ro-i.tc 
 Tell roll, and all papers and writings in his custody 
 trtl with the matter of ai)peal, (h) and such roll shall 
 
 ids of objection that he took at the Borotit/h Sseasions, 
 
 IriiierC'oiiit is in the nature of a Coiirf of licvvw, and it is 
 
 K •tot'xamini! if tlie rate can bo supi)ortefI on the grounds 
 
 ■ll ipoii 'jy the Court helow. If that were not so, it would be 
 
 t tlie party at the Horoutch Sessions to state any iUusory 
 
 J f 'iiiDeal and to I'lit forth Ii'ih whole streutjth by surprise al 
 
 tlly^^hm" //a 64h. Holroyd, J., said: '^ The County 
 
 Tire to retry the same matters which were triable at the 
 
 I .ynsioii'^. In all cases of new trials or of error, the Court 
 
 ' jloolis at tiie ori},'inal proceedings. Thirc may, however, he 
 
 f ii.v ivlibicul. . • . 'I'he appeal to the County Sessions 
 
 mlwcimtinetl to the orifnid/ iiu^tter of romplubit only.'" lb. 
 
 It seems to lie an universally admitted rule that, in every 
 
 the Legislature has mtertereil in matters oi excise by 
 
 TlV. c, .");<, s. S4, as amended by 4 & 5 Will. I\' . c. 51, s. 24, 
 
 lidin? that no witnesses are to be examined <m an appeal in 
 
 Lie! i.seexcLi>t tliose who were examined before the justices, 
 
 reiltorc.xaiiiiiiation and refused by them. See liiij. v. Oamhfe, 
 
 \\\', 3S4. In Klrhy v. Owners of the Srindid, L. l{. 1 P. C. 
 
 Iprivy Council, as a matter of discretion, refused to receive 
 
 Bibce uiion an ajipeal from an interlocutory decree of the 
 
 jiraltv Cmirt of the Cape of Good Hope, in a cause of salvage. 
 
 fit of the authorities would appear to be, that it is in the 
 
 lof the County Judge to receive fresh evidence in support 
 
 Kiunils of appeal raised in the Court of Revision, bnt not in 
 
 ianv new or additional grounds of appeal. A < 'ounty Court 
 
 ^appointing a day subse(pient to the 1st day of August for 
 
 lappeal, is not exceeding his jurisdiction notwithstanding 
 
 lof this sub-section. In re lioimhl and the Villatfe of Briis- 
 
 [lii'i 
 
 (section applies to all appeals that may be and are legally 
 leforethe County Judge or acting judge for his decision. 
 
 Ipers '1 having the custody of the roll passed by the Court 
 uviiuld, ])r(ip(ily speaking, be the nmnicipal clerk. It is 
 diitv, on tiie hearing of the appeal, not only to produce the 
 
778 
 
 tii\'i 
 
 'l,^:'s^i'>. 
 
 
 Amend- 
 m«aU how 
 MrtiflMl. 
 
 THE MUNICIPAL MANUAL. r 
 
 [8.1 
 
 be altered and amended according to the decisio 
 Judge, if then given, who shall write his initials am^Jt 
 part of the said roll in which any mistake, error or \ 
 is corrected or supplied ; (c) and if the decision h nJui 
 given the clerk of the Court shall, when the satr. jg • 
 forthwith alter and amend the roll, accordintr to th ^' 
 and shall write his name against every such altfti»f i 
 correction, (d) R. 8. 0. 1877, c. 180, s. 60. ''^ 
 
 70. In all proceedings before the County Judge or 
 Judge of the Court, under or for the purposes of tir 
 .such Judge shall possess all such powers for conipelli 
 attendance of, and for the examination on oath of all ^ 
 whether claiming, or objecting or objected to, and all 
 persons whatsoever, and for the production of books n i 
 rolls and documents, and for the enforcement of liis « 
 decisions and judgments, as belong to or might l)e exeia 
 by him, in the Division Court or in the County Courf 
 S. O. 1877, c. 180, s. 61. ^ "• 
 
 Selling!..'""' '1- ^'^ process or other proceedings in, about or hy 
 of apiX'Ai, may be entitled as follows : — U) 
 
 In the matter of appeal from the Court of Revision of the 
 ,cf 
 
 Powers of 
 Judge sit- 
 tinglin ap- 
 peal.from 
 Court of Uo 
 Tlsion. 
 
 and 
 
 and the same need kiot be otherwise entitled. 
 c. 180, s. 62. 
 
 c«>»'« Jo ^ 72. The cost of any proceeding before the Court 
 by'thejudgc, sion or before the Judge as aforesaid shall be paid j 
 
 and how ' 
 
 ^ntorced. , , 
 
 roll, but "all papers and writings in his custody connected i 
 matter of appeal." i'his would include all exhibits and otheL 
 given in t ".aence before the Court of Revision, touching thi 
 in that Court. 
 
 (c) It is presumed that the alteration of the roll by thi 
 in any case where he is without jurisdiction, would be of f 
 and of no other effect than the alteration of the roll by astq 
 
 (fi) It is, in the case here provided for, made the duty of j 
 forthwith to " alter and amend " the roll, and for ividenq 
 event of any dispute as to the fact, " to write his nanieiigai 
 such alteration or correction. " The order to amend is not ^ 
 ment. 'j'he latter, to be eiTeotually made, should be actuaj 
 and this is what is provided for by this section, f^'eealsui 
 
 ( e) S«e note r to sec. ^30, of the Municipal Act. 
 
he decision of ' 
 initiala against i 
 e, error or omisi 
 decision ia not tli 
 the aaro. ia gW| 
 )r(ling to tbe 
 ' such altevationi 
 .60. 
 
 unty Jvidge or ad 
 lurposes of this 
 vs tbi' compelling \ 
 n. on oath of all \ 
 icted to, and all 
 ictioii of books, paj 
 ircement of his on 
 3 or might be exen 
 t,he County Court.] 
 
 ngs in, about or by 
 t of Revision of the 
 
 iH] 
 
 COSTS OF APPEAL FROM COURT OF REVISION. 
 
 779 
 
 , entitled. H. S. 0. 
 
 .oeforc the Court ot 
 Lid shall be paid 
 
 ta custody connecUdl 
 
 '. all exhibits an.l otheL 
 
 'rlevision, touching thi 
 
 Ion of the roll by ty 
 lUction, would be of 1 
 Ion of the roll by a 8ti 
 
 {or,inadethedutjofj 
 
 Iroil, and for fvidenj 
 Ito write bis name ag^ 
 IrdertoaniendisnolU 
 lade, should be actuiJ 
 ts section, t^eealsoi 
 
 luuioipal Act. 
 
 ned between the parties in such manner as the Court 
 
 PP?', • thinks fit, and where costs are ordered to be paid 
 
 nv^party claiming or objecting or objected to, or by any 
 
 ^r clerk of a municipality, or other person, tHe same 
 
 Jgjjforced, when ordered by the Court of Revision, by 
 
 warrant under the hand of the clerk and the cor- 
 
 te'^seal of the municipality, and when ordered by the 
 
 I bv execution to be issued as the Judge may direct, 
 
 from the County Court or the Division Court within 
 
 untv in which the municipality or assessment district 
 
 ' part thereof, is situated, in the same manner as upon 
 
 tdinary judgment for costs recovered in such Court. (/) 
 
 8,0. 1877, c. 180, s. 63. 
 
 « The costs chargeable or to be awarded in any case may ^^bl^^Xe. 
 the costs of witnesses, and of procuring their attendance 
 hone other ; (g) and the same are to be taxed according « 
 
 the allowance in the Division Court for such costs ; and in 
 
 where execution issues, the costs thereof as in the like 
 and of enforcing the same, may also be collected thert:- 
 
 r, R S. 0. 1877, c. 180, s. 64. 
 
 ■i The decision and judgment of the Judge or acting gjjjj* ®' 
 ^56 shall be final and conclusiv j (A) in every case adjudi- Judge to b« 
 
 ) Ai to the costs allowed, see sec. 73. 
 
 I "And none other." These words exclude any allowance for 
 i fees or for service of notices, &c. 
 
 I The decision, &c., is made final and conclusive in every ceue 
 [iicated. The worda do not mean that the decisions on appeals 
 t County Judge sball be final and conclusive to all intents and 
 m, but merely that the judgment shall be final and conclusive I 
 
 mtMar ca^e. The Judge, thongh sitting in appeal, may 
 r his previous decisions, and overrnle them if demonstrated to 
 meous. See WtbaUrv. Oorrseers, dec, L. R. 8 C. P. 306. And 
 KisioD, &c., is only final aund conclusive in the particular case 
 ■Cited, vohre there ia pou»^ or jurindicium lo adjudicate. See 
 Itosec. 55. If there be pi^wer to ailjudicate, the result is to 
 
 ked at as the decision or judgment, regardless of tbe reasons 
 llir arriving at that result. Jn the matter of the Mayor of 
 
 i5i t E. 832; Reg. v. Bolton, I Q. B. tili ; TKcanpton v. 
 
 kUQ. B. 710; Reg. v. Dayman, 7 E. & li. (i72 , Fortter^. 
 
 MB. 4S. 187 ; Reij. v. Levi, 34 L. J. M. C 174 ; WUdtB v. 
 
 kLR. 10. V. 722; Ex parte Vaughan, L. K. 2 Q. B. 114 ; 
 
 |t. te, L. R 4 Q. B. 4. If there was jurisdiction in the 
 r Court to adjudicate, and the decision of that Court is made 
 
 [eonclusive, no other Court can review the saiiid«ncy of the 
 
 V, often there is a good judgment and bad rtiaMKuu. io. In 
 
780 
 
 THE MUNICIPAL MANUAL 
 
 h'll 
 
 cateil, nnd 
 
 according 
 
 1 thocUMkof the niunicipHlitysIiiilUineiHUheinli. 
 ly. R. H. O. 1877, c. ISO, h. 05. '""* 
 
 Alknv. .%nrp,2 Ex. 352-360, I'urke, 15., sai.l : "Wlieie,. 
 
 mnnner pointed out by the Act." "I think the (lesii/ii of the Lv 
 lature was to work out the whole system of assessment bv'^ll 
 machinery provided. First, the uction of tlio assessor • «,.,,. n 
 
 he lias done so. Hut it is said lie <iid so ii])nn a false ground and fnrj 
 had reason ; that he did so because the land was not land according 
 the intei-pretation of the Assessment Act, and not bocause the assn 
 nient was too high. There is no rule of law wliicli rwiuires 
 Judge to give the reasons on which his judgnient is founded, 
 reasons may be bad, but his conclusion or judgment, however iliomi 
 it may bo, will, nevertheless, be good. We do not think it won 
 be .w/e to say that in tio rase can the decision of the Court of Hei 
 sion or of tlie County Judge be questioned by an action, altlioi 
 the statute declares tiiat the decision of the Court siiail he valid 
 binding on all parties if not appealed from to the County Judge, ^ 
 that his decision shall be final and conclusive. If tiie Judije were 
 decide that i)roperty expressly exempted was not exempt, or 
 non-residents should be assessed personally on the roll, althouL'h 
 had given no notice to be so assessed, and protested agahist it, 
 decision, no doubt, would not bo final. It would be void anii 
 inipiirable into, in an action, for he would in such a case he ad 
 wholly without jurisdiction. But in cases where he has jurisdic 
 his decision is final, though it is plainly erroneous. Here he 
 jurisdiction to say whether the projterty was assessed too high or^ 
 low. This gave him authority to inquire into thd nature of Ik ' 
 vert;/. He came to the conclusion that it was assessed too 1, 
 because the chief part of the property in (piestion was personal 
 not real property. His decision that it was personal property 
 )>laii\ly erroneous, for it undoubtedly was and m land anil realei 
 w'thin the meaning of the statute, and at common law. Tin 
 not the nl'njhtest pretevri' for calling it personal, yet we J'mr his 
 sion is irreversible. The statute has declared it shall !« fina 
 conclusive in all cases adjudicated. " If this reasoning be sound, 
 applied to cases of exemption of real and personal property, it ^ 
 prove that there is jurisdiction to rate real or personal pro] 
 plainly exempt from taxation so long as the Judge, with, orwii 
 or against, reason iiinrasi's or rediivcs the assessment. Tal 
 exemption of real estate by reason of its occupation by the Ci 
 The Judge has power to intjuire into the nature of the property. 
 comes to the conclusion that it is personal prnoerty. Heacwir' 
 increaueti the assessment. His decision that it was personal pn 
 
5 ': iJ 
 
 " Whcn-vcr a st».| 
 L-atiny \x\<i)\\ a iiutiJ 
 her iiKiuiry, Ikt 
 hall ilfcidi^ whfctln 
 ;Mor having tlmic 
 icalud against iii tt. 
 design of the l.i ;;i| 
 assussiueut ity th 
 assessor ; HCioiidll 
 »c final appeal tn th 
 ;r Hagarty, t. .1,, 
 ! A.K. S4. ln.Vi(ii|af 
 I W. l«4-'2(tO, \Vii»o 
 assessniet\t niaile, a 
 false ground a\id foij 
 i not land acconling | 
 lot because the asse 
 w which requires 
 iient is founded, 
 iient, however illogij 
 lo not think it wc 
 of the t'ourt of U« 
 hy an action, althoa 
 Lonrt shall he viilid i 
 the County Judge, 
 
 If the Judge were I 
 i8 not exempt, or 
 the roll, although' 
 yrotested against it,] 
 would he void anil 
 In such a case he acf 
 here he has jurisdiol 
 Irroneous. Here he I 
 assessed too high or 
 lo the nature of tk 
 was assessed too 
 estion was persondj 
 , personal propertyj 
 d i.s land and real ef 
 common law. The 
 .1. yet we/«ifhisi 
 xd it shall l)e final 
 reasoning he sound 
 sonal property, it ' 
 fal or personal profl 
 udge, with, or witf 
 le assessment. Tak 
 ccnpation by the (4 
 M-e of the property. 
 .,,wrty. He accord 
 it was personal pro] 
 
 %'" 
 
 FINALITY OF COUNTY JUDOE 8 DECISION. 
 
 781 
 
 « Whon, aftor tlio appeal provided by this Act, t^e c^ljy "^^^jj 
 uiciit roll liuH been tinully revised and corrected, the nmred'to" 
 
 lainly erroneous. Hut ho had jurisdiction to increase or reduco 
 
 *"[ ....* 'riii> rnsillfc IH. that Drrjimrt.v \vhif!)i in rcnl r>Htni'.« aiirl 
 
 county clerk. 
 
 ,„inent. The result is, that property which is real estate and 
 
 Tu, inw, is taxed because the .Judge having power to increase 
 
 «""P II. :4. ..orsonnl estate and inrrc.nms the amount. But, 
 
 ii« 
 
 wince en"''* '* 1"^ 
 
 "ft all the question really is, wliother a person assessed tor pro 
 
 I r eW'"P* '" ""* "' '""'^'' '^ound to appeal as the poison taxed foi 
 
 r* rtv wli''-'li he does not own; for in the latter case it has beet 
 
 fftlmt if the iMirty wrowjfHlly anHtHsed omit to appeal, he is bound 
 
 hvhcroll. In .1//'" V. Sharp, 2 Kx. .%.->, Parke, H., said : " Though 
 
 a strict sense overrating means rating for more than it ought to 
 
 S'vet it WW'/ *'*** mean rating when the party owf/Ac not to have 
 
 iLifl/"'"' ""• ' ^^ "* ^"*" '*'''*"*<' ^^^ '"dy wordu used were 
 
 f^llerclwrged or overcharged," it nught be argued according to the 
 
 ' jjjgof B.uon I'ivrko, that a person wrongfully assessed is over- 
 
 ^d and so must appeal. Hut the better opinion appears to be 
 
 ^tvhere an assessor assesses that which is not assess.ible his act is 
 
 nnllitv and there is no obligation to appeal against it. Sickle v. 
 
 \Z£ 3" t^- ^"- ^- ^'' ^^' ^l- ^^'•»«»« *•'" foundation of the 
 
 liBisiliction is dercctive, a prohibition may be applied for at once. 
 
 lr«lJl L R. 5 ('• i*' ^^28 ; Jamin v. London and South Western 
 j r Co L. U. 7 Ex. 187 ; Il>. 287 ; J<n/ Cook v. (.•ill, L. R. 8 C. P. 
 frjhmyv. Schmidt, Ih. 118 ; In re ChnrkUh, L. K. 8 Q. H. 197. 
 TlIoK who seek prohibition must apply with promjjtitude. In re 
 \x\mmd Mar.fnall, 1 H. & C. 654. It may be granted after judg- 
 liBt and sentence in the inferior Court, when the party has had no 
 Lcrtunity of applying earlier to the superior Court, and has not 
 CLiesced in the proceedings of the infeiior Court. lioherta v. 
 [mWi/ 3M. & \V. 120 ; Ynten v. Palmer, 6 D. & L. 28.S r Aldridf/e 
 ,.Cafo,'L. R. 4 P. C. 313 ; but see In re Poe, 5 B. & Ad, G81. It 
 IV, in the discretion of the Court, be granted on the application of 
 innger. De Utilnrv. Queen of Portwjal, 1" Q. H, 171 ; Het/. v, 
 <*, 10 B. & S. 298. The affidavits should be intituled simply in 
 court, and not in any cause. Ex j>arte Ernna, 2 Dowl. N. S. 
 ;see further IJrteden v. Cfipp, 9 Ju. 781. If the application fail 
 fillnot be allowed to be renewed upon affidavits stating matter 
 before presented to the (/'ourt, but existing at the time of the 
 lal application. Hudenham v. Uicketts, 6 N. & M. 537. The 
 ion (II the inferior conrt on facts going to its jurisdiction is 
 jewahleon an application for prohibition. Lirerpool (>as LUfht 
 ,v, Ommr» of IJrestuw, L. H. 6 C. P. 414. The court will not 
 Bch a case interfere by prohibition, unless it be perfectly clear 
 there has been an excess of jurisdiction. Ricordo v. Maldeihead 
 ri of Ihalth, 2 H. & N. 257 ; Mannintf v. Farqnharxon, 
 k. X. S. 1300 ; Jlef/. v. Twists, L. H. 4 Q. B. 407 ; see also, 
 ijcn/v. J/fII7iiV/(r, "12 U. C. Q. B. 143 ; McWhirter v. lionyard, 
 f.C. Q, B. 85 ; In re Chief Snperhitendent of Schools v, Si/lvea- 
 .IjU. C. Q. B. 538. If any inferior Court proceed or attempt to 
 i«t(l in a matter in which it has net jurisdiction, there maj' be 
 jKihibition. Darhi/v. Cogens, 1 T. R. 552; Ex parte Smi/the, 2 
 iiX, 748 ; Raj. v. Hereord, 3 E. & E. 115. A declaration by 
 
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782 
 
 THB MUNICIPAL MANUAL. 
 
 [B.TI 
 
 clerk of the municipality shall, without delay tran 
 the county clerk a certified copy thereof, (t) Ryo '^ 
 
 county 
 0. 180, B. 66. 
 
 m 
 
 Ajyfyea^B where large amounts involved. 
 
 rntre Ui 
 
 70 — (1) Where there is 
 
 fViijit 
 
 i 
 
 a 
 
 1^. ■■«f\^i 
 
 
 
 ju,g, iw— w ." an api)eal from any ,„ 
 
 amonntfor Revision under section 68 of this Act to the Count- r 
 iVtawuS. Judge of the county in which the assessment is made anil 
 person, partnership or corporation desiring to appeal Ih'wI 
 assessed on one or more properties to an amount affirr r 
 150,000, such person, partnership, or corporation slmN 
 de|)Ositing with the clerk of the Court of Revision ' 
 from the sum of $50 to pay the travelling expenses'JT 
 board or Judge to he called in as hereinafter mention 
 have tlie right to have the appeal from the said Court 
 Revision heard by a board consisting of the Judges of li 
 counties which constitute the County Court District in) fl 
 property assessed be in a county which forms part '^ 
 County Court District, and if not, then the party or coii, 
 tion appealing may request, in writing, the wvid Cou 
 Court Judge to associate with himself in hear! )<r the 
 appeal, the Judge or acting Judge of the County Cour\ 
 the county whose county town is nearest to the court hd 
 where the said appeal will be hoard, and the said at 
 shall thereupon be heard by the County Court Judge j 
 the said Judge so called in as aforesaid, and in nuh i 
 the clerk of the municipality shall forthwith notify eao 
 the Judges, whose duty it shall be to attend upon 
 appeal as aforesaid, by post, prepaid, of all notices of an 
 coming within the provisions of this section, which! 
 
 Htatute, that the proceedincs of an inferior tribuniil shall b«tiD« 
 conclusive, is held not to deprive the party of a writ of cerlion 
 cases where it is proper for such a writ to go— not to try the i 
 but to see where the limited jurisdiction has exceeded it« b. 
 Hex V. Morley, 2 Burr. 1040 ; see also, He(f. v. Wallace, 4 i 
 127; Ex parte Heath, 3 Hill (N. Y).) 42; Rex v. Comvm'i 
 2 Keble 43 ; Latoton v. C'ommiWoners, 2 Caines (N. Y,)179;l 
 V. TrmteeH, 6 Wend (N. Y.) 564 ; Feoph v. Th. Mayor, 2 Hij 
 Y.) 9; Tiemey v. Dodge, 9 Minu. 166. But where the deela 
 is made in reference to a Court of general and superior jurisi 
 as of the Supreme Court of New York (for example, in conll 
 appraisements for opening streets) , there can be no appeal n 
 manner to a higher tribunal. In re Canal and Walker tllraetsA 
 Y. 406 ; /n re Ifeto York Railroad Go. v. Marnin, 11 N. Y. 27( 
 
 (t) See note g to sec. 248 of the Municipal Act. 
 
 (tt) See Rev. Stat. c. 46, s. 17 et seq. 
 
 ^ r 
 
 '•« 3«4/" 
 
^^H Ml j^ppBALB WHERE LAROB AMOUNTS INVOLVED. 
 
 783 
 
 delay, trariRinit 
 f. (i) R.8.0, 187 
 
 involved. 
 
 from any Onurt 
 
 the County Coj 
 ment is made, an4l 
 ig to appeal lias Ix 
 
 amount aggrej^atq 
 corporation sliall,i 
 of Revision aj.pea 
 ing expenses of 
 jreinaiter nicntioi 
 m the said Court 
 if the Judges of 
 )urt District, (ti) if ( 
 hich lbrn\s part 
 II th« party or coi-] 
 ing, the 8»ud Cog 
 If in hearl ig the 
 
 1 the County Cout 
 I'cist to the court hd 
 
 and the said ^ 
 inty Court Judge] 
 aid, and in kuoIi 
 •thwith notify eao 
 
 to attend upon 
 of all notices of ap 
 lis section, which] 
 
 tribunal shall be tinil 
 ;y of a writ of cert'um 
 go— not to try the r 
 
 has exceeded iU I 
 
 lie(j. V. Wallacf, 4 
 
 [2 ; Rfx V. Coj/miiwil 
 
 TOainesiN. Y.)m;] 
 
 V. Thi Mayor, 2 Hu 
 J Hut where the decltf 
 ll and superior jurisdi 
 Tfor example, in confi 
 \ can be no appeal 1 
 
 [l and Walker UtreeUJ 
 [armn, ll N. Y. 27f 
 
 Ipal Act. 
 
 I time to time nerved upon him, and the Judge of the 
 r ( in which the city, town, township or village lies, the 
 l" n of whose Court of Hevision has been appealed 
 l^t shall ari-ange a day for the liearing of such H|>|)ealH, 
 I "j hall notify the clerk thereof, and the clerk Hhall 
 itely notify, by post, prepaid, the other Judge or 
 J^M and the parties appealing. 
 
 Where an appeal agaii\st an assessment lies from a 
 Iftnrt of Revision to the Stipendiary Magistrate of the 
 Im ct or provisional county in which the property assessed 
 I'^ate and n person or corporation desiring to ap])eal is 
 «««l on one or more properties in any township or union 
 I townships to an amount in the aggregate exceeding 
 ;iOOO such person or corporation .shall have the right to 
 either to the said St'pendiary Magistrate or (on 
 ing with the ilork of the municii)ality tin; .sum of 
 itodetVay the travelling expenses of the Oounty Oouvt 
 Bhereinufti'i mentioned) to the Judge of the County 
 irtofthe county to which the said ])rovisional county or 
 itrict is attached for judicial puiposcs ; the notice of such 
 «1 tlie time for bringing the same on, and the pro- 
 Ire Generally, to be the satne as in the case of an 
 jjjji.y' unpeal from a Court of Revision to a County 
 nrt judge. 
 
 I (J) Sections 08 to 77 inclusive, shall apply to all appeals 
 BD under the preceding two sub-sections, and the said 
 fsshi)!'. have the powers and duties which by the said 
 nons, 68 to 77, are assigned to the County Court Judge 
 i«in referred to. 
 
 Id) When two Judges hear the appeal, and differ in their 
 lion as to the allowance of the said appeal or otherwise, 
 the said assessment appealed from shall stand con- 
 
 lij The clerk with whom any money is deposited to pay 
 
 I travelling expenses as aforesaid shall pay out of the 
 
 nevs so de|)0sited, upon requisition by the Judge, • such 
 
 las the said Judge shall certify to him as his travelling 
 
 rases in connection with the said appeal, and shit,!l repay 
 
 aliince, if any, to the person or corporation depositing 
 
 ijThe provisions of this section shall also be held as 
 llying in any case where the person, partnership, or cor- 
 

 
 IMAGE EVALUATION 
 TEST TARGET (MT-S) 
 
 1.0 
 
 I.I 
 
 l^|2£ 12.5 
 
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 ^ U& 12.0 
 
 12.2 
 
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 =^= nil == 
 
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 Sciences 
 Corporation 
 
 •^ 
 
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 ;\ 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 145S0 
 
 (716) 873-4503 
 
 '% 
 
784 
 
 THE MUNICIPAL MANUAL. f^ ;g ,,. 
 
 poration desiring to appeal has been assessed on nrnnp.r 
 to an amount not less than $20,000, and not L v 
 $50,000, provided that the matter of appeal inn'] 
 questions of law, and does not involve only the quest Tl 
 the value at which such properties have been sn »e^"^", 
 48 V. c. 42, s. 16. ''"assessed." 
 
 APPEALS BY NON-RESIDENTS. 
 
 wSh'respect 77- In casB any non-resident, whose land within thJ 
 ^.u^iS;. I^"'^? °^ ^^y ^^^J *°'^"' incorporated village or townshiJ 
 has been assessed in any revised and corrected assessmeni 
 roll, (j) complains by petition to the proper municina] 
 council, at any time before the 1st day of May in the v! 
 next following that in which the assessment is made st, 
 council shall, at its first meeting, after one week's notice 
 the appellant, try and decide upon such complaint; Ik)^^ 
 all decisions of municipal councils under this Act may 
 appealed from, tried and decided, as provided by section 
 and following sections of this Act ; and if the lands ;, 
 found to have been assessed twenty-five per centum hi"h( 
 than similar land belonging to residents, the councif 
 Judge shall order the taxes rated on such excess to 
 Lots sub- struck off"; (l) and, in all such cases, where the land 
 ^o'lifectroiis ^een subdivided into park, village, or town lots, if the sa. 
 revised and are owned by tlie same person or persons, the statute iaboi 
 tax shall be charged only upon the aggregate of the assi 
 nient, according to the provisions of this Act ; (m) but 
 roll shall be amended, under this section of this Act, if 
 
 sud 
 
 •.m 
 
 ImUm 
 
 
 {j) This section probably has reference only to non-residents wl^ 
 names are not on the roll, and who would therefore not receive I 
 notice made necessary by section 41 of this Act, and who would j 
 have any notice of the day on which the roll would be returned 
 as to appeal within fourteen days after its return, as required! 
 sec. 64, sub-ss. 1 & 2. 
 
 (k) See sec. 64 and notes thereto. "1 do not find by a readini 
 the Act that the assessment roll as it affects non-resident lands j 
 assessed to the owners) is of such a conclusive character as in| 
 case of other lands which come before the Court of Revision. 
 pare sec. 57 (now 65) with sec. 67," (same as this section). 
 Boyd C. in Hall v. Farquharson, 12 0. R. 604. 
 
 (I) li the council be of opinion that the land is not rated 
 than similar land belonging to non-residents, they will, of col 
 dismiss the complaint. In re Judge of Perth, 12 U. C. C. P. 2^ 
 
 (m) See sec. 100 sub-s. 2. 
 
 
'•] 
 
 EQUALIZATION OF ASSESSMENTS. 
 
 785 
 
 only to non-residents wb 
 
 I therefore not receive! 
 
 ia Act, and who would 
 
 roll would be retumedJ 
 
 its return, as reqmredl 
 
 amination of 
 
 laint was tried and decided before such roll was finally 
 """''^ and corrected, under the provisions of sections 64 to 
 IJ'ofthiBAct. (n)R.S. 0.1877, c. 180, s. 67. 
 
 EQUALIZATION OF ASSESSMENTS. 
 
 78 The council of every county shall, yearly, before ^^"^"^^^'^ 
 ■ losin" any county rate, and except as provided by sections agsessment 
 ?and M, not later than the 1st day of July, (o) examine J^{|«i^fp^i 
 the assessment rolls of the different townships, towns, and coundK and 
 villages in the county, for the preceding financial year, (/?)purJoM. 
 for the purpose of ascertaining whether the valuations made 
 by the assessors in each township, town or village bear a just 
 iation one to another, (q) and may, for the purpose of county 
 rates increase, or decrease the aggregate valuations of real 
 jnd personal property in any township, town or village, 
 iJdinc or deducting so much per centum as may, in their 
 opinion, be necessary to produce a just relation between the 
 
 I W A pre™u8 judgment between the same parties on the same 
 Liect matter operates as an estoppel. Commissioners of Leith Har- 
 "tv. Inspectors of the Poor, L. R. 1 H. L. So. 17, 23. 
 
 o) See note g to sec. 248 of the Municipal Act. 
 
 p) See In re Revell and Oxford, 42 U. C. Q. B. 337. 
 
 J Valuation of property, real or personal, is, to a great ex- 
 fflt a matter of opinion. See note k to sec. 26. Some men are 
 lore sanguine than others, and therefore more likely, looking 
 I the future, to make a higher estimate of present value than 
 who are less sanguine. Some men in there inquiries are 
 [ore careless than others, and so more likely to take things for 
 These and similar considerations influencing assessors 
 jtiij; independently of each other, often produce very dissimilar 
 roltaeven in adjoining municipalities. But so far as the county 
 [concerned for the purpose of county rates, a just relation 
 ded in order that the rate levied may bear, as nearly aa 
 e, equally on all the local municipalities in the county. In 
 ter to bring this about, when inequality is found, a power to 
 ise or decrease the aggregate valuations of taxable property in 
 1 municipalities of the county, so long as the whole aggregate 
 lation of the county is not reduced, must be exercised by some 
 y having authority over the whole of the local municipalities, and 
 jibody is the county council. The legislature has not attempted 
 plutely to prescribe by what method of proceeding the local 
 licipalities shall be made to bear a just relation to each other. 
 lid hardly have succeeded in any such attempt. Much must, 
 Kssity, be left to the judgment of those who are to conduct the 
 ration, and who, by reason of their local knowledge, are best 
 'led to do so. Per Robinson, C. J. , in Gibson mid Huron and 
 ,20U.C.Q.B. 119. 
 
 99 
 
78e 
 
 
 m 
 
 ■mw 
 
 
 nm.i 
 
 m\ :'■ :■ ^'-M 
 
 THE MUNICIPAL MANUAL. 
 
 [ua 
 
 valuations of real and personal estate in the count 
 
 (r) We may suppose the council fixing upon some one + ^^^ 
 town, in the first place, as that in which the value ann '^''''P* 
 been assigned with the strictest regard to truth and iust**'* ^ '"*" 
 having selected such a standard, we may suppose them tak'^' *"'' ""! 
 township, town, &c., and adjusting the valuation bv sirM!"^''^^ 
 
 nature i 
 
 In doing this, the members of the council raiist'of""^" ^tandaii 
 governed by their own judgment, and could not in the 
 things, have any rule given to them by which they'could arri 
 particular result. It must be entirely a matter of opinionwh ♦?' ^ 
 land cleared or uncleared in township A. is valued at i "-^ 
 per acre, land in township B. ought to be valued at anv" i'' ' 
 other sum per acre. But when the council shall have adn t 71 
 proportional value which land in one tqwnship bears to 1 J 
 another, and shall have compared them all by some stan 1 ? 
 they must ascertain and express how much per cent, must h • 
 or deducted from the assessment in each local miuiicipalitv i *" 
 them all bear just relation to each other. This ia not cive ' 
 or method of proceeding that can guide or assist the 
 adjusting the relation between the different local niunicipa'iiti''i 
 as a method by which they are to express to the collectors the^!J 
 of the relation they have established, as leading to an addit 
 deduction of so much per cent, to or from the assessment oil 
 individual, according as they have found the assessment tliaJ 
 been made in the particular local municipality too high or tool 
 as compared with the standard by which they have resolved to a 
 This direction to the collector makes his duty afterwards simnlJ 
 precise. But the business of tlie council in equalizing the ai 
 ments is not one that can be accomplished by any arithmetical 
 culation. No two bodies of men, any more than any two indivil 
 could be expected to arrive at the same conclusions, if theyattert 
 to make the adjustment independently of each other. The I 
 ture has not attempted to instruct the council how they 
 proceed in order to do equal justice. It has done the best it col 
 committing the duty to them on general terms of equalizii 
 assessments, so as to produce a just relation, but has neca 
 left it to them, as best they can, to work out the problem, 
 a thing more easily talked of than done. Per Robinson 
 in Gibson and Huron and Bruce, 29 U. C. Q. B. 120. It j 
 for a Court of law to interfere, as regards the reason4 
 of the valuations and the conclusions to be come to on that| 
 by comparing the value sut upon land in one municipalili 
 the value set upon land in another. It is not for a Court t 
 of that. Even if it were, there are various circumstancql 
 taken into consideration as bearing upon the question of i 
 tation and value, of which a Court has not the means of juda 
 want of that local knowledge which the members of thej 
 council, chosen by the people themselves, must be supn 
 possess, and doubtless do possess. It is not merely the fact! 
 township has been long settled, and another not so long, thai 
 alone influence the judgment in making the comparison,! 
 the number of inhabitants, though these are circumstand 
 would naturally be taken into consideration. Quality of soil 
 
I oil APPEAL FROM EQUALIZATION OF ASSESSMENTS. 787 
 
 hall not reduce the aggregate valuation thereof for 
 '^ Lia pounty as made by the assessors. R. S. O. 1877, 
 rW.68(l);46V.c.24,.l. 
 
 «t Tf «iiv municipality is dissatisfiea with the action of Appeal m to 
 
 TO II any "'"" r . .f . . . equalization 
 
 county council in increasing or decreasing, or refusing of aisess- 
 ^crease or decrease, the valuation of any municipality, ™*°*'- 
 'proceedings shall be as follows: 
 
 The municipality so dissatisfied may appeal from the 
 
 ion of the council at any time within ten days after 
 
 decision, (s) by giving to the clerk of the county council 
 
 ti e in writing, which notice shall state whether the muni- 
 
 itr appealing is willing to have the final equalization of 
 
 Issessment made by the County Judge ; (t) 
 
 2 Every county council, at; the same session jn which the 
 
 iment has been equalized, shall determine whether the 
 
 council is willing to have the final equalization of the 
 
 iment, in case of appeal, made by the County Judge ; 
 
 Upon receiving notice of appeal, in case any party to 
 mpeal has objected to the final equalization of the 
 ^nient being made by the County Judge, the clerk of the 
 jty council shall forthwith notify in writing the Pro- 
 ial Secretary of such objection, giving the name or names 
 le municipality or municipalities so objecting ; 43 V. c. 
 ,18(1-3). 
 
 The Lieutenant-Governor in Council, upon receiving 
 lotice in writing from the clerk of any county council, 
 appoint two peraons, one of whom shall be the sheriff or . 
 
 |t, abundance or scarcity of water, distance from market, and 
 
 iiaiption of inhabitants, as well as their numbers, are matters 
 
 fequire to be considered in comparing one township with 
 
 Tiir; and when these and all other matters have been considered, 
 
 Bclusions to which they lead are to be formed by the council, 
 
 lot by a court of law. But so far as the Legislature has 
 
 1 to prescribe rules for the guidance of a municipal body, in 
 
 :harge of any duty or exercise of any power, such body must, 
 
 JJoubt or question, conform to the rules. And if the council, 
 
 linleshave been prescribed for their action, were to go con- 
 
 Dthe rules or in any way violate them, the court, if this were 
 
 made out, would interfere by writ of mandarmis ; Beg. v. 
 
 Kz, 2 E. & B. G94, and the act itself might be held illegal 
 
 I proceeding in which its legality would come in question. 
 
 |t, Niagara, 25 U. C. Q. B. 578. 
 
 enote 6 to sec. 185 of the Municipal Act. 
 
 enote u to sec. 61 of this Act. 
 

 '' 
 
 W UaUik 
 
 
 ii: 
 
 788 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 79j 
 
 registrar of the county in which the appeal is madp i 
 other a Judge of another county, who, togethei- v!l 
 County Judge, shall form a Court, and the said Co f 
 at such time and place as the Lieutenant-Governor in C !, 
 
 '" and determine tl ^'" 
 t the evidence of - 
 
 they may decide upon havin. 
 u„ • o 
 
 may appoint, proceed to hear and determine thrm h i 
 appeal either with or without the evidence of witnp 
 with such evidence as thev mav cIpo'uU ii.,«v, i . ^1 
 
 may examine witnesses under oath or otherwise an 1 
 adjourn from time to time, and, except as provided in 
 tions 52 and 54, the judgment of the said Court shall liJ 
 deferred beyond the 1st day of August next after the m 
 of the appeal; and the Court shall equalize the whole a« 
 ment of the county. And in the event of the assessmen 
 any one or more municipalities being reduced or ir 
 by the Court, directions shall be given to the clerk? 
 county council to increase ot reduce the rate imposed b^ 
 by-law of the county council so that such race will calcu 
 upon the finally revised and equalized assessment pn 
 the sum which such by-law is intended to provide. ' L 
 
 (u) In Simcoe v. Norfolk, 5 U. C. L. J. N. S. 182 whs 
 amount of the aggregate value of assessment' of" the muni3 
 appealing was reduced, the learned Judge, in deliverine iud 
 said in conclusion : "I therefore allow the appeal of the b. 
 Simcoe, and equalize their aggregate assessment for countv ^ 
 at the said sum of ^303,000 (the amount returned on the roll)! 
 leaves the total aggregate equalization of the county at the? 
 $57,000 less ; and it devolves upon me, according to the prov 
 the statute, to divide and add this sum to or among the seven 
 ships of the county, or some of them. In the absence of i 
 ence produced before me, and in the absence of any actioii 
 county council, it appears to me that my proper course is b 
 and add the said sum of $57,000 pro rata, according to the r 
 equalization by the county council, among the several ton 
 the said county, thus : — 
 
 Townships. 
 
 Equalization 
 
 BY 
 
 County Council. 
 
 Added | 1 
 
 BY ' 1 
 
 Judge. 1 i 
 
 Townsend 
 
 $1,140,000 
 735,000 
 360,000 
 285,000 
 760,000 
 700,000 
 825,000 
 360,000 
 
 §13,500 $1 
 8,800 1 1 
 
 Windham 
 
 Middleton 
 
 4,400 
 3,300 
 9,000 
 8,300 
 
 i 
 
 Houghton 
 
 1 
 
 Walsingham 
 
 1 
 
 Charlotte ville 
 
 1 
 
 Woodhouse 
 
 9,700 ■ 
 
 Simcoe, say $360,000 
 
 Deducted by judge . . 57,000 
 
 
 
 $303,000 
 
 $5,165,000 
 
 $57,000 
 
 
 '-mmk m... 
 
 t>K.i,''''k'm&,'i!\ 
 
 ;'':r f 
 

 L. 
 
 [s, n\ 
 
 eal ia made, and < 
 , together witli 
 tbe said Court sli 
 t-Governor in Coy 
 srinine the mattef | 
 lence of witnesses 
 ide u\)on having, i 
 { otherwise, and i 
 pt as provided in i 
 said Court shall no. 
 St next after the no 
 ^ualize the whole aa 
 ent of the assessmea 
 g reduced or incn 
 tven to the clerk ofl 
 the rate imposed byj 
 , such race will, calctf 
 Lized assessment, pr 
 tded to provide, (ii)] 
 
 L. J. N. S. 182, ^vlla 
 cessment of the mumd 
 adge, in delivering ]^it 
 |w the appeal oi the *' 
 ssessment for county i 
 it returned on the ioU),l 
 ,u of the county at the f 
 according to the provil 
 to or among the sevetf 
 In the absence oi a 
 'absence of anyactioil 
 it my proper course IS tt 
 S-ato, according to the^ 
 ,niong the several tow^ 
 
 ruzATioN I »! 
 Iy Council.! Judge. 
 
 |l,140,000 
 ■ 735,000 
 360,000 
 285,000 
 760,000 
 700,000 
 825,000 
 360,000 
 
 , APPEAL PROM EQUALIZATION OF ASSESSMENTS. 789- 
 
 31, 8. 33 (3) ; 43 V. c. 27, s. 18 (4) ; 48 V. c. 42, 
 
 l15. 
 
 , .j-u jmlge of the other county shall be entitled to a 
 . ble allowance for his services, the same not to exceed 
 k(f°,lav besides bis travelling and other expenses, and to ' * 
 '" b;thecounty;43V.c. 27, s. 18(5). 
 
 I, ipytwo members of such Court shall constitute a 
 ni antl such Court may proceed and adjudicate upon 
 Ileal notwithstanding the office of sheriff or of registrar . 
 Kounty Judge is vacant ; 42 V. c. 31, s. 33 (5). 
 
 Where all the parties to the appeal have agreed, as 
 eBiovided, to have the final equalization of the assess- 
 
 Lmade by the County Judge, the clerk of the county 
 1 sliall forthwith notify in writing the County Judge, 
 
 ItheCounty Judge shall appoint a day for hearing the 
 
 not later than ten days from the receipt of such 
 
 ^of the appeal, and may on such day proceed to hear 
 
 lietermine the matter of ai)peal, and may adjourn the 
 merfrom ticie to time, but, except as provided in sections 
 id'oi the judgment shall not be deferred beyond the 
 kyofAugmt next after such appeal; and the Judge 
 ftqualizethe whole assessment of the county, (v) 43 
 ks.l8(6). 
 
 Ilhe right of appeal shall exist whether county valuator^ Appeal in 
 
 1 appointed or not, and upon any such appeal the «««y«« (>/^y^j^ 
 iofthe county valuators shall be open to review by theofassess- 
 [orJudge as herein provided. 41 V. c. 13, s. 1. 
 
 $13,500 
 
 ' 8,800 ' ^ 
 4,400 1 I 
 3,300 1 \ 
 9,000 1 
 8,3001 
 
 ment. 
 
 I If the clerk of the municipality has neglected to Effect of 
 
 rit a certified copy of the assessment roll, such neglect municipality 
 lot prevent the county council from equalizing the °^'^*Jj°| *°jjj 
 Jons in the several municipalities according to the best roll. 
 Iition obtainable ; (w) and any rate imposed, accord- 
 Itlie equalized assessment, shall be as valid as if all 
 ament rolls had been transmitted. R. S. 0. 1877, 
 
 (last preceding note. 
 
 If ould never do if the neglect of a clerk of one local mut.i- 
 
 |totransmit a certified copy of his roll were to have the effect 
 
 gthe entire proceedings of the county council, with a view 
 
 ation of assessment, especially as it is provided that the 
 
 I is to be made "not later than the first day of July." 
 
 bieo^oooJssL^ 
 
790 
 
 Valuator! to 
 attest their 
 report on 
 oath. 
 
 THE MUNICIPAL MANUAL. 
 
 [8.81 
 
 to value all the real and personal propertv wit}.;! !l ' 
 (x) they shall attest their report by oath or affi °"^ 
 the same manner as assessors are requirpd t ^^'^^^^ 
 rolls by section 142 of this Act. R S ^O la^T^^ 
 8. 70. ■ ■ • ^°'h c. 
 
 Apportion- 
 ment of 
 county ratei, 
 how to be 
 baKd. 
 
 8. 70. 
 
 82. The council of a county, in apportioninf' a 
 rate among the different townships, town.s and T 
 within the county, (y) shall, in order that the sam/ 
 assessed equally on the whole ratable propertv f' 
 county, make the amount of property returned 
 assessment rolls of such townships, towns and villT 
 reported by the valuators as finally revised and ^^^ 
 for the preceding year, the basis upon which th^ a?'' 
 ment is made, (z) R. S. O. 1877, c. 180, s. 71. ^^"" 
 
 ■ " •" — 
 
 Sec. 78. The only remedy is that provided, viz to 
 equalize, notwithstanding the absence of a particular roll ^"^ " 
 (a;) The proper valuators of property, real and pergonal ii 
 different local municipalities, are the assessors. But as th i 
 several local municipalities, act independently of each oth 
 
 men, perhaps, differ more widely on the value of property th 1 
 matters of opinion, the results so far as the whole cnun*" J 
 cemed, are anything but equal or uniform. Before i 
 can be imposed, the valuations in the different local municJ 
 
 Bounty 
 a counll 
 
 must be equalized so as to bear a just relation to each oth 
 78. Such equalization has hitherto been effected through thi 
 bers of the County (^ouncil themselves using their local knt 
 in order to arrive at as correct a judgment as possible. Thii 
 appears to be designed as an aid to them in the exercise 
 judgment. It is not declared that the valuation of the coui 
 uators shall be binding on the council, or their judgment in t 
 made a substitute for the judgment of the members of thw 
 council, on whom devolves the duty of making the equali 
 as to produce a just relation. As to the appointment and 
 county valuators, see sec. 269 of the Municipal Act. 
 
 (y) See sec. 84, and notes thereto. 
 
 ( z) It is by sec. 78 declared that the county council, befoni 
 any county rate, and not later than the first day of July, ihail 
 the rolls of the several local municipalities, in order to eqai] 
 for the current year, so as to bear a just velation to eachott 
 it is declared that in apportioning a county rate among thei 
 local municipalities the amount of prop^.-ty returned on tii 
 reported by the valuators as finally revised and equalized! 
 ceding year, shall be the basis of apportionment. See McC 
 Oakley', 17 U. C. Q. B. 345. The council of a county 
 by-laws to levy money for county purposes in 1877 appop 
 assessment for the different municipalities not upon the I 
 
ated by tbe conn 
 -within the cout 
 .th or affirmalloul 
 ived to verify {\ 
 S. 0. 1877, c. \i 
 
 APPORTIONMENT FOR COUNTY PURPOSES. 
 
 791 
 
 new 
 
 rt Where a new municipality is erected within a county, Cajeofnej 
 
 . ,,g live no assessment or valuators rolls of the ties, 
 ''^^^jpality for the next preceding year, (a) the county 
 ''T h 11 by examining the rolls of the former munici- 
 'municipalities of which the new municipality then 
 
 Jity 
 
 iportioning a con 
 towns and villi 
 that the same mayl 
 ,ble property o{ 
 ■vty returned ou 
 .owns and village 
 revised and eqaa 
 1 which the appofi 
 180, 8. 71. 
 
 vided, viz., to pro 
 a particular roll or i 
 
 real and personal, ii 
 
 lessors. But as these J 
 
 lently of each other, i 
 
 ) value o{ property thaal 
 
 1,8 the whole county ii" 
 
 orm. Before a countj 
 
 differeut local municii 
 
 ation to each othei^ 
 
 n effected through th|^ 
 
 using their local knrt 
 
 -lent as possible. Thiil 
 
 ,hem in the exercise j 
 
 valuation of the coul| 
 
 or their judgment in «^ 
 
 the members ot thej 
 
 _,{ making the equala' 
 
 ,he appointment and < 
 
 lunicipal Act. 
 
 county council, be^'orej 
 
 . first day of July, ihaUj 
 
 lUties.inordertoequ* 
 
 Lstvelationtoeachiatt 
 
 lounty rate among thel 
 lop ^.-tY returned on tW 
 levisedandequalue;/ 
 lortionmeut. beef"^ 
 Icouncil of a county^ 
 Vrvo8eBinl877»PP»J 
 Llities not upon the b 
 
 ^ ft ascertain, to the best oi their judgment, what 
 " h assessment of the municipality or municipalities 
 ' 1 ton to the new municipality, and what part should 
 to be accounted as the assessment of the original 
 '"''", litv and their several shares of the county tax 
 fi nJnnrtioned between them accordingly. R, S. O. 
 
 1 be apportioned 
 ,180,8.72. 
 
 Where 
 
 a sum is to be levied for county purposes, or count; 
 
 I 
 
 Re county for the purposes of a particular locality, the^^»^Xn 
 1 of the county shall asceitain, and, by by-law, direct sums re- 
 portion of such sum shall be levied in each township, ^"unty pur- 
 .. vJllnffft in such county or locality. (6) R. S. O. P°««"- 
 
 , or village in such county 
 c. 180, s. 73. 
 
 ttco'ding to the rolls as finally revised and equalized for 1876, 
 Crdine to the rolls for 1877 ; Held illegal ; Jn re Revell and 
 ;42U C.Q. B. 337. 
 
 1 New as well as old nmnicipalities are liable to contribute to the 
 
 Late See Reg. v. Mayor, dc, of Birmingham, 10 Q, B. 116 ; 
 
 Keii Wxndstrr, 1 Q. B. D. 152 ; 31 L. T. N. 8. 172 ; Reg. v. 
 
 1*36 L. T.N. S. 720. The apportionment of a county rate 
 
 Re on the basis of the rolls as finally revised and equalized for 
 
 needing financial year. Sec. 82. In the case of a luw munici- 
 
 [trected during the current year, it is plain there cmi be no 
 
 But in order that the direction of the statute may be, as 
 
 lapossible under the circumstances, carried out. it ia l»y this 
 
 Lmade the duty of the county council, by examining the rolls 
 
 flormer municipality or municipalities of which tlic now muni- 
 
 fformed a part, to ascertain to the best of their jinlguient — 
 
 Iftopart of the assessment of the municipality or municipalities 
 hid relation to the new municipality ; 
 
 iuWprtrt should continue to be accounted as tlie issessment 
 of the original municipality. 
 tipportion between them " their several shvres of Lhe county 
 
 He ram to be levied may be either for county pii'iiiaiis or for 
 I of a particular locality in the county. if t.li ! lormer, 
 
 limul be levied as nearly as possible eqnallv cm < iich local 
 lity in the county. Tyleev. Watfiloo, 9 U ( '} B. 575. 
 tier, it may be levied in the p.articular L> ■ iv vithout 
 « to other localities in the county. The by-1 i\v m I'ulee and 
 n enacted that the following sums should be h^ ■ and col- 
 
 jl*., ■'' 
 
 
 '■%' ifil 
 
 ■ ;:! 1'; \ [ .[ 
 
 'U:' IIU 
 
 1 
 
 ikMli. 
 
 ■ 
 
 U:^ii^i"i' 
 
^^i 
 
 jV ■< l'> 
 
 792 THE MUNICIPAL MANUAL r ^' 
 
 b- 85, 
 
 S'to 85. Subject to the provisions of soctions 52 and '".i ., 
 
 certify couutv clei'k sluiU before the ISth diiv of An,, ^ • '' 
 
 amount* to .-c t. t-i ^ ^ e u 'yv "i ^"n'lst m ,.,„ 
 
 clerks of year, certify to the clerk of each immicipality in tliP 
 local inuDi- tiie total amoiuit which has been so diierfp,) f i ?'"' 
 therein for the then current year, for county purn 
 for the purposes of any such locality ; aiul the cleiK^i 
 municipality shall calculate and insert tlie same 
 collector's roll for that year, (c) R. H IVl " i 
 s. 74. ' ' 1 1, c. 181 
 
 aff.*ct°prl° 86. Nothing in this Act contained shall alter or inv 
 visionn for date any special provisions for the coUectinn r,f n . 
 
 rates to raise . . <. ^ ^ \ t. i^i '"^'"''""' Ot a ra ,' 
 
 interest on interest Oil county debentures, whether such provisions 
 county de- contained in any Municipal Act now or formpi-lt-i., c 
 
 bentures. .i • t^ • • * . . '^"'meiiy ni Jorca 
 
 this Province, or in any Act_ respecting the Consoiidi 
 Municipal loan Fund in Ontario or in any general or '^ 
 Act authorizing the issue of debentures, or in any bvi 
 
 lected ill the under-mentioned townships and incorporate! 
 lages, viz : ' ' " 
 
 Township of Arthur £». 
 
 Township of Bentinck " " " i,. 
 
 Town of Guelph '"[ j^o 
 
 — and so on, enumerating twenty-four different locaHties and 
 ing to each a certain sum, ranging from £({ for the townshi 
 Melancthon to £521 for the township of Waterloo, and that 
 sums should be levied and collected in the different mmiicipaliti 
 accordance with the statute. In giving judgment, Sir J. B. llobi 
 said : * 'The last of the l>y-laws moved against is that of the U 
 June, 1851, which is clearly illegal, for hy it the county ci 
 assumes to rate certain townships (mnnicipalities ?) for certain 
 without specifying in the body of the by-law for what purpoi 
 money is required, or authorizing its appropriation to any pi 
 Such a mode of taxing is clearly unauthorized by law. Fi 
 general purpose of the county, all the ratable property in thei 
 must be assessed ratably, whether in one township or anothi 
 the council had a discretion to tax in this manner, they might 
 one township contribute £5 and another £500 to the same 
 objects, even where there was no inequality in the populatii 
 wealth of the townships. It imposes no rate per pound, nor 
 an equal rate to be assessed." 
 
 (c) A duty is, by this section, cast upon the county clerk 
 as the local clerk. The former must certify fhe ammtiit dire 
 be levied, and whether for county purposes or local purpoi 
 note b to sec. 73) ; and the latter, on receipt of the certitical 
 make the necetiiary calculations in order to ascertain the m 
 rate, and insert the rate, when ascertained, in tlie collector's 
 the current year. The duty in each case, so far as the officei 
 cerued, is imperative. See note g to sec. 248 of the Jlunici] 
 
 firtier, n\ 
 'K there 1 
 
 
 i'f 
 
STATUTE LABOUR. 
 
 793 
 
 ms 52 and 54 tb 
 »f August ill civd 
 i\ity in t\ie countyj 
 ■ected to he lovie 
 louuty purposes, 
 iml t\\e clerk of th 
 t tlie Slime in 
 i. 0. 1877, c. 18 
 
 ihall alter or invj 
 Llection of a rate 
 ' such provisions 
 r formerly in force I 
 ing the Consoliilati 
 lUiy general or spe 
 is, or in any by-law] 
 
 IS 
 
 and incorporated 
 
 £34 
 22 
 153 
 
 erent localities, and as 
 ti £6 for tlie townsha 
 Waterloo, and that { 
 i different municipalitii 
 (Igment.SirJ.B.Uobil 
 aiust is that of the 14' 
 I i,y it the county c( 
 Lalities?) for certain I 
 law for what purpoi 
 iropriation to any put! 
 ihorized by law. Fotj 
 liable property in the « 
 [e township or aiiotha 
 manner, they mi>;ht l 
 . £500 to the same r 
 Aity in the populatio 
 rate per pound, nor 
 
 Lon the county clerkj 
 irtify the amount du:e( 
 fposes or local purpoj 
 Vceiptof thecertihcati 
 
 Ir to ascertain the u« 
 Led in the collectors! 
 le'aofarastheofficej 
 ec. 248of theMumciJ 
 
 . council providing for the issue of the same, (d) 
 
 [g'5"i877,c. 180, s. 75. 
 
 STATUTE LABOUR. 
 
 v'o person in Her Majesty's Naval or Military Service 
 ( II inv or on actual service, shall be liable to perforin 
 
 km 
 
 kbour or to commute therefor ; nor shall any non- 
 sioned officer or private of the Volunteer Force, 
 
 Certain per- 
 ions lu mill* 
 tary serrloe 
 exempt. 
 
 1)V the ofticor commanding the company to whicl 
 fi! • liniteer belongs or is attached as being an etlicient 
 \ ,p,.. (e) but this last exemption shall not apply to 
 
 volunteer who is assessed for property. R. S. O. 1877, 
 lUi] 7^5- (Fi)'('>tie7i exempted in certain cases. Sen 
 
 ,Stat.c.l88, s. 6.) 
 
 Every otbor male inhabitant of a city, town or villagi^ 
 
 |. ^„p of twenty-one years and upwards, and under 
 
 veins of a.-^e (and not otherwise exempted by law from 
 
 loriiiin" statute labour), who has not been as.sessed upon 
 
 L^essmeiit roll of the city, town or village, or whose 
 
 jdo not amount to $2, shall, instead of such labour, be 
 
 1 at 82 yearly therefor, to be levied and collected at 
 
 time bV such person, and in such manner as the 
 
 lof'the municipality may, by by-law, direct, (/) and 
 
 [inlnbitant shall not be require^ to have any property 
 
 fecation. R. S. 0. 1877, c. 180, s. 77. 
 
 [The council of every city, town and incori)orated 
 i iiwv pass a by-law or by-laws to reduce or abolish 
 mt to be paid in lieu of statute labour, as provided 
 euext preceding section. {(/) 46 V. c. 24, s. 2. 
 
 subject to the provisions of the next preceding sec* 
 
 ( pei'son shall be exempt from the tax in section 88 
 
 (1, unless he produces a certificate of his having 
 
 meJ statute labour or paid the tax elsewhere, (h) R. 
 
 |1J(7, c. 180, s. 78. 
 
 ssec. 340 of the Municipal Act, and notes thereto. 
 
 (notes to 8ub-s8. 1-5 of sec. 521 of the Municipal JAct. 
 
 |(!ore this enactment it was held that a council of a village 
 i a bylaw to provide for cDmmutation of statute labour. 
 )Kr,46U.C.Q. B. 275. 
 
 blirther, notes to sub-ss. 1-5 of sec. 521 of the Municipal Act. 
 
 kete there is no power to txx there is no need of an appeal 
 
 Who liable 
 and in what 
 ratio, in 
 cities, towns 
 and villages. 
 
 Power to re- 
 duce or 
 'ibolish pay- 
 ment in lieu 
 of statute 
 labour. 
 
 Where to be 
 performed. 
 
 
 t1 ■; I :), 
 
 :i. 
 
 It" 
 

 ..If'-'.- 
 
 \mm ■ 
 
 f il r./. Ji■p.^ 
 
 794 
 
 Liability of 
 puriionii not 
 utherwiie 
 RfwesRed in 
 towiitblpi. 
 
 Power to re- 
 duce or abol' 
 bb ittatute 
 Iftbour. 
 
 TUB MUNICIPAL MANUAL. 
 
 l«. 9lJ 
 
 Ratio of MT- 
 vico in catu 
 of peritODg 
 
 aHBvased, 
 
 Council ni»y 
 reduce or 
 increiiHe the 
 number of 
 UayH proper 
 tlonately. 
 
 Lot-^ sub- 
 divided as 
 park lot8, 
 
 «to 
 
 91. Subject to the proviHions of the n(>xt succeedi, 
 tion, every male inhabitant of a town8lii|), between tl'^ " 
 aforesaid, who is not otherwise assessed, and w} •^ *** 
 exempt by law from performing statute' labour hiV 
 liable to two days of statute labour on the roads ' 11 
 ways in the township, (i) K. S. 0. 1877, c. iHO.Tz'j ' 
 
 92. The council of every township shall have the 
 
 to pass by-laws to reduce the amount of statute labour 1 
 performed by the ratepnyera or others within tlie town,! 
 or to entirely abolish such statute labour and the n f 
 anco thereof by all persons within said towushin r^*^ 
 V. c. 27, 8. 21. P' '•^' 
 
 93.— (1) Every person assessed upon the asHessiiient 
 of a township shall, if his property is assessed at not 
 than ig300, bo liable to two days' statute labour ■ at 
 than $300, b»it not more than .^fjOO, thi-ee davH •' at 
 than ¥5C!0, but not more than 8700, four days; at more I 
 $700, but not more than $900, five days; and for every 1 
 over $900 or any fractional part thereof over ^150 
 additional day ; but the council of any township, by abvJ 
 operating generally and ratably, may reduce or increasel 
 number of days' labour to which all the parties, rated oM 
 assessment roll or otherwise, shall be respectively jiabl 
 that the number of dayf* labour to which each ijers 
 liable shall be in proportion to the amount at which 
 assessed, (k) 
 
 (2) In townships where farm lots have been subdii 
 into j)ark or village lots, and the owners are not reM 
 and have not required their names to be entered o| 
 assessment roll, (l) the statute labour shall be commut 
 the township clerk, in making out the list required 
 section 121 of this Act, where such lots are under the] 
 of $200, to a rate not exceeding one-half per centum 
 
 to the Court of Revision, and where an appeal is had and f^ 
 person appealing is not according to the most recent aiithorit? 
 
 Eoint precluded by the result of the appeal from further coil 
 is liability to the tax. See note q to sec. 55 and note q toi 
 
 (i) See notes to sub-ss. 1-5 of sec. 521 of the Municipal Acd 
 
 (j) See sub-s. 6 of sec. 521 of the Municipal Act. 
 
 {k) See notes to sub-ss. 1-5 of sec. 521 of the Municipal Aol 
 
 {I) See sec. 3, and notes thereto. 
 
COMMTT "IC ^ OF STATU' "5 LABOUR. 
 
 796 
 
 t succeeding hq 
 between Oie ag 
 
 unci who is no 
 
 lii\)o\ir, hlmll 
 i roads and hig 
 f, c. 180, 8, 7'J. 
 
 11 liave the \)om 
 itatvite labour to 1 
 i til in the towiish 
 ir and the perio 
 I township, (j) 
 
 the nssessnienl 
 .wsesssed at not 
 ute labour; at 
 ,lvrce days; at 
 ir days ; at more I 
 a; and for every J 
 ereoi over ^^150,^ 
 
 township, by a by4 
 reduce or incveasftl 
 he parties, rated oill 
 
 respectively liablr 
 
 which each persM 
 mount at which ' 
 
 have been suhdit^ 
 vners are not res' 
 to be entered 
 ■ shall be commute 
 the list required I 
 Lts are under the| 
 [half per centum 
 
 Lppeal is had and 
 Imost recent authority 
 leal from iuriher coi 
 Ic. 55 and note q tor" 
 
 lof the Municipal Ad 
 
 Licipal Act. 
 
 lof the Municipal J 
 
 (in) but the council may direct a leas rate to be 
 '"""r'by a general by-law affecting such village lots, (n) 
 
 j^gO, 1^'77, c. 180, H. 80. 
 
 Qi Tlie council of any township may, by by-law, direct ;;°Jf^"i'y»i^ 
 I iiui not exceeding $1 a day shall be paid as com-«t$ip«)r<Uy. 
 
 t' n of statute labour for the whole or any part of such 
 
 '"'* h D in which case the commutation tax shall be added 
 
 "'*'"' jjjjtg column in the collector's roll, and shall bo col- 
 
 "f''!, J accounted for like other taxes, (o) R. S. (). 1877, 
 
 ;iis.81;B^V.c.2'J,8.6. 
 
 iSS Any local municipal council may, by a by-law passed *i;;°'^\»J%, 
 L * niirnnse lix the rate at which i)arties may commute fixed at uny 
 
 It tnat pu' V"°y L ^• Ai e L lura not ex- 
 
 ifirsiatute labour, at any sum not exceeding ^1 for each eeedin« |i. 
 
 f . labour, and the sum so fixed shall apply equally to 
 Uents who are subject to statute labour, and to non- 
 (dents in respect to their jjroperty. (p) R. S. O. 1877, c. 
 
 8. 82. 
 
 IflJ Where no such by-law has been passed, the statute ^l^'"^^;^"' 
 ' in townships, in respect of lards of non-residents, Hon to b«»i 
 
 Jbecorarauted at the rate of $1 for each day's labour, {q) **' 
 
 [so. 1877,0.180,8. 83. 
 
 Every farmer's son, rated and entered as such on the If""**'* 
 isDieut roll of any municipality, shall, if not otherwise 
 uiited by law, be liable to perform statute labour or 
 bute therefor, as if he were not so rated and assessed. 
 
 fao.l877,c.l80, s. 84. 
 
 J In the case of non-resident proprietors whose names do not 
 iron the roll, the charge is made against the lot of laud, and not 
 it the proprietor. Canada Company v. Howard^ 9 U. C. Q. B. 664. 
 
 1-8. 3 of sec. 521, and sec. 17, sub-s. 3 (a) of the Mnnicipal 
 
 enote r to sub-s. 2 of sec. 521 of the Municipal Act. 
 
 I gee notes tosub-ss. 1-5 of sec. 621 of the Municipal Act. 
 
 See notes to sub-ss. 1 and 2 of sec. 521 of the Municipal Act* 
 ihip council can provide for the performance of statute labour 
 roads of their township to the extent of the commutation 
 >ed in respect of non-resident lands, and for payment there- 
 of the general funds of the municipality before such tax has 
 Rceived from the county treasurer ; and the performance of 
 fork Is not necessarily restricted to any particular statute 
 division. In re Allan and the Tovmahip oj Amabel, 32 U. C. 
 
796 
 
 THE MUNICIPAL MANUAL. 
 
 
 [s- 98 (1)^ 
 
 ^Ztfot ??-(l) Any person liable to pay the sum named „.. 
 statute section 88, or any sum tor statute labour coramnf i I 
 t^l^^l section 94 of this Act, shall pay the aame t.> the XllT 
 by distress be appointed to collect the same, within two d V 
 OT^imprison- ^jgjjjg^jjj thereof by the said collector ; and in case ot^^ !i 
 or refusal to pay the same, the collector may levy th"^ 
 by distress of goods and chattels of the defaulter wiU '*"!^'' 
 of the distress ; and if no sufficient distress can be f ^^^j 
 then upon summary conviction before a Justice of tlie V 
 of the county in which the local municipality is sitiwt^'" 
 his refusal or neglect to pay the said sum, and of there be' 
 no sufficient distress, he shall incur a ])enaltv of "^t •1 
 costs, and, in default of payment at such time as tlip k 
 victing Justice shall order, shall be committed to the commo 
 gaol of the county, and be there put to hard labour for aiil 
 time not exceeding ten days, tiuless such penalty and co* 
 and the costs of the warrant of commitment and of conv( 
 the said person to gaol are sooner paid. (?•) 
 
 veyii 
 
 (2) Any person liable to perform statute labour und 
 section 91 of tliis Act xiot commuted, shall perform 
 same when required so to do by the patliuiaster or oth 
 officer of the municipality appointed for the purpose' 
 in case of wilful neglect or refusal to perform such lat 
 after six days' notice requiring him to do tlie same sH 
 incur a penalty of $5, and upon sunniiary conviction then 
 before a Justice of the Peace aforesaid, such Justice si 
 order the same, together with the costs of prosecution 
 distress, to be levied by distress of .the otlender's "oods i 
 chattels, and, in case there is no sufficient distress 
 offender may be committed to the coninion "aol ofi 
 county and there put to hard labour for anv time^ 
 exceeding ten days, unless such penalty and costs audi 
 costs of the warrant of commitmont and of conveyincl 
 said person to gaol aie sooner paid, (s) 
 
 (?•) Section 88 applies to inhabitants of cifics, foicm or villwiet 
 otherwise assessed, or whose taxes do not amount yearly t^ 
 Statute labour aa to these, after the (lemiuid Tiiade necessary b]j 
 section, may, it seems, be enforced without first summonin 
 defaulter or making any formal conviction. See note s to sub-^ 
 sec. 521 of the Municipal Act. 
 
 (.t) Section 91 applies to inhabitants of toiniships not othj 
 assessed. The statute labour as to these may, it is believed^ 
 the necessary demand, be enforced without a previous sumn 
 warrant. See note s to sub-s. 4 of sec. 521 of the Municipal j 
 
^H ,nA |f)\^ STATUTE LABOUR OF NON-RESIDENTS. 797 
 
 [8. 98(l).^MilOO(-/J 
 
 , i|j gmns and penalties, other than costs, recovered 
 
 I i this section, shall be paid to the treasurer of the local 
 
 •nfllitv and form part of the statute labour fund 
 
 2^ R.'S. 0. 1877, c. 180, s. 85. See Rev. Stat. c. 
 
 |l9',9.7. 
 AQ Ko non-resident who has not required his name to be Nj>nje«ij^^ 
 m1 on tlie roll, {t) shall be permitted to perform statute not admitted 
 liin respect of any land owned by him, but a commuta- ^Xtf"" 
 I? t X shall be charged against every separate lot or parcel labour. 
 din" to its assessed value : (n) and, in all cases in which 
 tatute labour of a non-resident is paid in money, the 
 ' • iiial council shall order the same to be expended in 
 r Jute labour division where the property is situate, or 
 U re the said statute labour tax is levied, (v) R. S. 0. 
 |Ii,c.l80,s. 86. 
 
 iOO^(l) In case any non-resident, whose name has been ^^^en non- 
 tered on the resident roll, (?t') does not perform his statute mHte*d, but ' 
 'laror pay commutation for the same, the overseer of ^„°^°^^PJ„t, 
 . 1 „g jn whose division he is placed shall return him as labour. 
 ielaulter to tlie clerk of the municipality, before the 
 til day of August, and the clerk shall in that case, enter 
 commutation for statute labour against his name in the 
 lector's roll ; (x) and in all cases both of residents and 
 [•residents the statute labour shall be rated and charged 
 it every separate lot or parcel according to its assessed 
 
 [|.)\ TiVhenever one person is assessed for lots or parts of no„°"e"|.^' 
 iral lots in one municipality, not exceeding in the aggre- dents' 
 e two hundred acres, the said part or parts shall be rated favour! 
 Icharced for statute labour as if the same were one lot, 
 itk statute labour shall be rated and charged against . 
 J excess of said parts in like manner ; [y) but every resi- 
 
 j See sec. 3 anil notes thereto. 
 
 i) See note p to sub-s. 1 of sec. 521 of the Municipal Act. 
 
 jTlw latter part of this section applies only to non-residents 
 e names are entered on the assessment roll and whose tax is 
 I to or levied directly by the local municipality and does not 
 Jito taxes of non-residents received from the county treasurer. 
 Ihudth Township of Amabel, 32 U. C. C. P. 242, 247. 
 
 ) S«e sec. 3 and notes thereto. 
 
 I See sec, 120 and notes thereto. 
 
 ilie second sub-section of this section is an amendment made 
 
 W:''' 
 
 ^!. •.:,ii> 
 
 
 m I 
 
 -1';: ' 
 
798 
 
 THE MUNICIPAL MANUAL. 
 
 'ilH.^, 
 
 Moo (J 
 
 dent shall have the right to perform his whole statut l k 
 in the statute labour division in which his resH 
 situate, unless otherwise ordered by the muniVmoi ^"*'* 
 R. S. O. 1877, c. 180, s. 87. P*' ^°'"'<i 
 
 JwnefeSc*. P^-(}) "^^^'^ ,^ ^^^^^^J^* ^^^e^"' tenant, or occud 
 makes de- who has been entered upon the assessment roll aft ■ 
 SuutTonforOr demand, makes default in performing his statuttir 
 Xu^tobe \^ in PY°^«^* ?^ commutation for the same, the ove J 
 entered up- the highways m whose division he is placed shall V 
 on collector's him as a defaulter to the clerk of the municipality wJ 
 the 15th day of August, and the clerk shall in th t 
 enter the commutation for statute labour against h" 
 in the collector's roll, and the same shall be collected h^i 
 collector. ^ ' 
 
 (2) In every such case the clerk shall notify the oven 
 of highways, that may be appointed for such division in i 
 following year, of the amount of such commutation and 
 overseer shall expend the amount of such commutation ui 
 the roads in the statute labour division where the proni 
 is situate, and shall give an order upon the treasurer ofl 
 municipality to the person performing the work 5ol 
 c. 32, s. 6. ■ ' 
 
 Statute Labour in Unincorporated Totmiships—Soi 
 
 Commissioners. 
 
 e^octon of ■■ 102. Twenty resident landholders in any toMTiship 
 'Oj^ commis- has not been incorporat d (either alone or in union 
 some other township) shall have the right to have a pJ 
 meeting called for the purpose of electing road comniissioi 
 46 V. c. 22, s. 1. 
 
 Orerseer to 
 expeud the 
 commuta- 
 tion money. 
 
 Bioners. 
 
 Requisition 
 for meeting. 
 
 103. The persons desiring the meeting to be called i 
 sign a requisition authorizing some person named in 
 requisition, and who may either reside in the townshj 
 otherwise, to call a meeting of the resident landholdei 
 the township for the purpose aforesaid. 46 V. c. 22, 3, 
 
 to this section as it originally stood by statute 33 Vict, c.j 
 6. The Assessment Act of 1869 placed the lands of res 
 non-residents, as regards the performance of statute labour 
 ment of statute labour commutation, on the same footing, I 
 was the law before 1866. Canada Co. v. Howard, 9 U. C, [ 
 654. But the Act of 1866 granted a privilege to nonresidentaj 
 was not enjoyed by residents. The Act of 1869 destroyed it,f 
 Act 33 Ylct. c. 27, B. 6, to a great extent has restored the pril 
 
mw 
 
 mm m 
 
 ^^H .,Al ei-iTUTE LABOUR IN UNINCORPORATED TOWNSniPS. 
 
 :uAL. [8. 100 (^^V'^''''< 
 
 79» 
 
 tiis whole statute lalx- 
 
 which his residence^ 
 
 the municipal oound 
 
 ler, tenant, or occup 
 ssment roll, after notj 
 fining his statute labd 
 he same, the overseer! 
 5 is placed, shall retti 
 the municipality befl 
 clerk shall in tliat 
 labour against his nd 
 shall be collected by \ 
 
 shall notify the oven 
 id for such division in] 
 ,uch commutation, andl 
 of such commutation uf 
 vision where the prop 
 
 upon the treasurer of] 
 jrining the work. 50| 
 
 rated Tomiships—Ra 
 ners. 
 
 ers, in any township 
 er alone or in union 
 
 the right to have iv pJ 
 electing road commissio^ 
 
 e meeting to be called 
 some person named id 
 reside in the townslii| 
 the resident landholda 
 resaid. 46V.c.22.3.| 
 
 od by statute 33 Vict. cJ 
 aced the lands of residenj 
 rmance of statute labour oP 
 ,„, on the same footing. 
 Co V. Howard, a u. ^- L 
 privilege to non-residentsi 
 Act of 1869 destroyed itJ 
 ■xtent has restored the pnf 
 
 How meet- 
 iiiK may be 
 called incase 
 peifon 
 nniDHd in 
 requisition 
 fails to call it. 
 
 Notice of 
 mueting. 
 
 Number of 
 
 conimig- 
 
 sioners. 
 
 .. In case the person so named declines to call a meet- 
 ne^lects to do so, for ten days after the request is 
 '" ted'tohim, any three of the persons who signed the 
 0m may call the meeting. 46 V. c. 22, s. 3. 
 
 ... ifjjg notice calling the meeting shall name a place, 
 L d hour, where the meeting is to be held ; it shall be 
 p , ^ gix places at the least in the township, and the day 
 
 «! shall be at least six days distant from the day of 
 Ji„g the notice, {z) 46 V. c. 22, s. 4. 
 
 I .»« rpjjg election shall take place at the time named, and 
 number of the commissioners to be elected shall be 
 ii jijree or five, as may be stated in the requisition, 
 f| ijjg meeting shall, before proceeding to an election, 
 ^1 jj,jjt a number different from that stated in the 
 kttisition shall be elected, but such number shall not be 
 "than three nor more than five. 46 V. c. 22, s. 5. 
 
 107 In case the meeting is called by the person named ciiairman of 
 I the requisition, he shall be entitled to preside at the '""^'"'k- 
 letinf as chairman, but if he is absent or declines to act, 
 I landholders present may appoint another chairman ; the 
 lirman shall act as returning officer, and shall, in the 
 
 j. of a tie, have a casting vote, although he may have 
 iviously voted, or may not be a landholder of the town- 
 5' the landholders present shall also appoint a secretary, 
 
 jshall record the proceedings. 46 V. c. 22, s. 6. 
 
 The landholders present shall decide how the voting Mode of vot- 
 [coinraissioners shall be conducted, and if the vote is'°^- 
 In openly the commissioners shall be elected one at a 
 
 but if it is decided to proceed by ballot all the com- 
 lioners shall be elected together, each person having the 
 
 t to vote tor as many persons as there are commissioners 
 
 selected. 46 V. c. 22, s. 7. 
 
 The chairman shall, at the request of any two land- Kecordof 
 lei's present, direct the secretary to record the names of h^g!""' 
 lersons voting and (unless the vote is by ballot) how each 
 
 46 V. c. 22, s. 8. 
 
 [O. If an objection is made to the light of any person to Objections 
 ■at the meeting, such person shall name the property in *** ^*>**"- 
 
 ISeenote c to sec. 115 of the Municipal Act. 
 
 
 i il 
 
 i| •:. 
 
 l|^ 
 
 p 
 I 
 
800 
 
 THE MUNICIPAL MANUAL. 
 
 [s. UC 
 
 respect of which he claims the right to vote, and tl 
 man shall administer to such person an oath or affi '^ • 
 if he be by law permitted to affirm, according to the fo"r*'" 
 form whereupon such person shall be permitted to v 1°^^" 
 
 'l^^'l^i^^ '''''''' " TS^'"^ ^^ *-^''"*' solemnly affirm . 
 be), that you are of the age jf twentv-on/,™!™' * 
 
 otei 
 
 Term of 
 cfflce. 
 
 First meet- 
 ing of com- 
 missioners. 
 
 *! 
 
 mm 
 
 You swear 
 (he case may oe), tnai; you are oi ine age )f twenty-one" v^r" 
 that you are the owner or locatee of lot \^ jjjg ' "' 
 
 concession of this township, and that you are entitled t 
 this election. ° ^' 
 
 So help you God. 
 
 46 V. c. 22, s. 9, Form A 
 
 111. The commissioners elected shall hold office until 
 31st day of December next after their election and h 
 take the declaration of office before a Justice of tlie P 
 similar to that of a councillor in a municipal cnmnr.t' 
 46 V. c. 22, s. 10 ; 51 V. c. 29, s. 7. ^ '^ 
 
 112. The commissioners shall meet within a fortnk 
 after their election, and shall then, or as soon thereafter 
 may be, name the roads and parts of roads upon whi3 
 statute labour is to be performed, and shall appoint 
 places and times at which the persons required to peifod 
 statute labour are to work. 46 V. c. 22, s. 11, 
 
 Time for per- 113- The times to be appointed for the performance! 
 J™""®"^ .statute labour shall, unless the meeting of landholders j 
 labour. elect commissioners otherwise directs, be not earlier th. 
 
 tlie 20th day of June, nor later than the 20th day of Jj 
 
 in any year. 47 V. c. 32, s. 24. 
 
 S^'^by own". 114— (1) Each owner or locatee of land may be requi| 
 era and loca- each year to perform two days' labour for every one hund 
 ees an . ^^^^^ j^^ holds, and for the first ten aci-es which he 
 cleared after the first ten, he may be required to perform^ 
 day's additional labour, and for every twenty acres over I 
 above the first ten, one additional day's labour, and 
 householder may be required each year to perform one i 
 labour. 46 V. c. 22, s. 12 ; 51 V. c. 29, s. 8. 
 
 (2) Any land-owner, owning less than one hundred i 
 may be required to perform statute labour as the comB 
 ioners may direct, but not exceeding the scale provided f| 
 sub-section 1 of this section where the land is in part cle 
 &.nd not exceeding two days where no part of the lai|| 
 cleared. 51 V. c. 29, s. 8. 
 
 
 iM 
 
PERFORMANCE OP STATUTE LABOUR. 
 
 801 
 
 22, s. 9, Form A. 
 
 . g^gjj commissioner shall, during the time he is OommiMion- 
 
 (1 to perform statute labour, act as overseer, and the ^l wo?k!'" 
 
 N^"^? ioners shall arrange among themselves for overseeing 
 
 """'rious bodies of men engaged in doing statute labour. 
 
 ^* is&ioner may be paid out of the commutation fund 
 
 '^"""l.^geeding two days' labour at the rate of $1.25 per 
 
 per 
 
 (j,evano"3_ 
 
 i\ nerformed by him over and above the number of 
 
 |j ' 1 bour he may by law be required to perform in respect 
 
 I 'V own property. The commissioners shall have the 
 
 l owers as municipalities have in reference to statute 
 
 !!• to appoint overseers and require returns to be made 
 
 Im of the labour performed in their districts respec- 
 
 ;,;j^46V,c.22,8. 13; 51 V. 0.29,8.9. 
 
 116 Any person instead of pM-forming the statute labour commuta- 
 . ' 1 gf him may commute therefor by payment at thet'^"- 
 f $1 per day, and the commissioners shall expend all 
 mutation moneys upon the roads on which the labour 
 '. jg commuted for should have been performed. 46 
 
 ^c,22,s. U. 
 
 I tyi The majority of the commissioners may call a meeting. Meeting for 
 I be held at any time during the month of January, f or f/«;"^°';^°^.^, 
 (election of their successors, but in case of their failure sioners. 
 iitodo a meeting may be called in the manner hereinbefore 
 Ued for a first election. 46 V. c. 22, s. 15. 
 
 [jig ^jiv person liable to perform statute labour under Penalty for 
 mext preceding 16 sections, who, after six days' notice ^ig®,^^*'' 
 kiiriDc him to do the same, wilfully neglects or refuses to work. 
 iform at the time and place named by the commissioners, 
 (niiniber of days' laboui' for which he is liable, shall incur 
 
 lalty of §5, and in addition $1 for each day in respect 
 liiich he makes default, the same to be paid to the com- 
 fionei's and to be expended in improving the said roads, 
 iDBonsucli person's conviction thereof before a Justice 
 [tie Peace having jurisdiction in the township, such < 
 nice shall order the penalty together with costs of pro- 
 land distress, to be levied by distress of the offender's 
 
 sand chattels. 46 V. c. 22, s. 16. 
 
 118 (d). The commissioners when duly elected shall serve service of 
 ,'the term they are elected for or forfeit the sum of "J""™'* 
 
 l»liich may be sued for together with costs in any Court 
 ; jurisdiction by any three electors making the com- 
 
 k 51 V. c. 29, s. 10. 
 101 ■ . 
 
802 
 
 THE MUNICIPAL MANUAL. 
 COLLECTION OF RATES. 
 
 Clerks of 
 munioipali' 
 
 119. The clerk of every local municipality shall 
 tre«"to"make Collector's roll or rolls as may be necessarv r.nn+ ■ ■ 
 
 ng 
 
 W!u 
 
 tiMsM 
 
 wmm 
 
 '•^^ -sa^l 
 
 ots' roll.: '^"^^^ ^^^ »^^ information required by this Act, to be pp^ 
 their form, by the collector therein : (a) and in such roll e\^„^}\ ■ 
 oontent8,etc *', , /i.\i.u • e W e "" '^'^ rolls he «„ 
 
 • set down (6) the name in full of every person assessed Hi 
 
 (a) All the directions in this section are to the clerk 
 the council. His authority is the matter is derived solel* f '" 
 statute. With his duty, under this section, the coun i °^ 
 municipality has nothing whatever to do. The duty is f "0 
 obligation which the clerk is bound to perform Lq n • ^H 
 Vincent, 13 Grant 512, 519. See also Clarke v ' Pah!. ,""'-^ 
 R. 616. ^aimerston, 
 
 ama 
 
 (h) The statement of an aggregate amount where separate am 
 are required to be stated would be no comphance with th 
 and the roll itself would be so far defective as to be no insfH 
 for a levy under it. Coleman v. Kerr, 27 U. C. Q. B. 5 n 
 some of the rates be correctly stated, the distress will be so f 
 in the absence of a tender nf the legal rates, that neither ''•'^ 
 goods seized be replevied nor trespass maintained for the s' 
 Squire V. Moonnj, 30 U. C. Q. B. 531 ; see also, Corhitt v hi 
 11 U. C. C. P. 317. In Cook v. Jo7ies, 17 Grant 488, 490 S 
 C, said : "I think that though there are very good reaso 
 the provision in the statute, that they (the rates) should li 
 separate, still the provision is only directory, and under r 
 V. Douglasn, 15 Grant 456, the omission to keep them sei 
 would not invalidate a sale for taxes." A rate havinc been iini 
 for the purpose of building a new school house, certain 
 in the municipality} who were not Roman Catholics', but Prote 
 signed a notice to the clerk (he being one of them) that 
 scribers to the Roman Catholic separate school they clai; 
 be exempt from all rates for common schools for the yeiir 
 and the clerk in making up the roll, omitted this rate opni 
 their names. Held, that the clerk had acted illegally a 
 liable to punishment. In re Risdale v. Brush, 22 U. C.'o 
 Burns, J., in delivering judgment, said: "He (the clerk) si 
 have thought that he, as clerk of the municipality, had a 
 omit on the collector's roll carrying out the rate to his owi 
 and the [names of the] others who signed that notice. This is 
 violation of his duty as prescribed by the 89th and 90th seel 
 the Assessment Act, chapter 55 of the Consolidated Acts (sii 
 this section. ) When the town council passed the by-law autl 
 the levying of such a sum as the school trustees required, it 
 duty of the clerk to calculate the rate that each person shoul 
 according to the assessed value of his property, and set the su 
 on the collector's roll. Whether the individuals named in 
 lector's roll would be exempt from payment of any sum or ra 
 tioned in the roll depended upon something else, which the oj 
 the discharge of his duty as far as making out the roll accoi 
 law, had nothing to do with." Ih. 125. But although the 
 
li'l 
 
 li ?>' 
 
 f. 
 
 
 ■■■■ym 
 
 J to the clerk, and no- 
 is derived solely f roiol 
 ition, the council off 
 
 The duty is a statn 
 perform. See Orier v] 
 irke V. Ptt/mer^iioii, 
 
 nt where separate amq 
 npliance with the sW 
 'e as to be no justifici 
 U. C. Q. B. 5, 13. B 
 distress will be so far L 
 rates, that neither cib| 
 naintained for the seij 
 ee also, Gorbdt v. JnhA 
 .7 Grant 488, 490, Spt 
 are very good reasui^ 
 (the rates) should lie ! 
 Rectory, and under 
 ion to keep them se^ 
 A rate having been iiraj 
 lool house, certain pf 
 n Catholics, but Protei^ 
 one of them), that 
 ate school they clain 
 schools for the year : 
 jmitted this rate oppoi 
 ad acted illegally, m 
 Brmh, 22 U. C. Q. 1 
 "He (the clerk) se 
 municipality, had a rii 
 the rate to his offn| 
 that notice. Thisisj 
 tiie 89th and 90th seclj 
 Consolidated Acts (sin 
 passed the by-law auti» 
 trustees required, it i 
 that each person shouB 
 roperty, and set the suit 
 individuals named in I 
 merit of any sum or rati 
 thing else, which the cl 
 ing out the roll accori 
 But although the f 
 
 COLLECTION OF RATES. 
 
 I value of his real and personal property and taxable 
 as ascertained after the final revision of the assess- 
 " V\ and he shall calculate, and opposite the said 
 ^ value as therein described of each respective person, 
 ffu set down in one column to be headed ^^ County Rates" 
 
 mount for which the person is ohi/geable for any sums 
 I rtKl to be levied by the council of the county for county 
 ' and in another column to be headed *' Township 
 
 '•^YilJage Bate," ''Town Rate" or ''Oity Rate" as the 
 
 r be the amount with which the person is chargeable 
 
 I respect of sums ordered to be levied by the council of the 
 
 iBumicipality for the purposes thereof, or for the com- 
 Uation of statute labour, and in other columns any special 
 
 for collecting the interest upon debentures issued, or 
 rlocal rate or school rate or other special rate, the pro- 
 jj of which are required by law, or by the by-law imposing 
 r ^ kept distinct and accounted for separately ; and 
 \vsuch last mentioned rate sliall be calculated separately, 
 ithe column therefor headed ''Special Rate" "Local 
 
 kcise held that the clerk had acted illegally, in t present 
 tive state of the law on this point they felt that Liiey were 
 ess to grant any summary relief. Bums, J., said: "Mr. 
 sduty as clerk of the municipality ended when he completed 
 roll and placed it in the hands of the collector for the collection 
 ierate. We can nowhere find that it is laid down, either in 
 liKtssment Act or the Municipal Act, that it is the duty of 
 lerk to certify either to the collector or to the treasurer any 
 iffhich may have been made. There are provisions with 
 let to errors and mistakes made, and that the lands stated shall 
 (exempt from the taxes by reason of the error or mistake, but 
 iiiDO\fhere find it stated to be a duty upon the clerk of any 
 jtipality to certify to any other person or authority when such 
 lormistake exists or has been made." Ih. 126. And again : 
 Vte is no diflSculty in pronouncing that the clerk, in this instance, 
 [ltdischarge his duty according to law ; but the difficulty con- 
 irsaying that we can, by a mandamus, at this stage of the pro- 
 B, order him to do anything which will have the eflfect of 
 [ing the defective execution of his duty. After giving the 
 rmiich thought and consideration, we have arrived at the con- 
 bthatwemust discharge the rule for a mandamus." lb. 127. 
 lirk, when preparing the roll, ought not to insert in the column 
 B" County Rate" an allowance for the cost of collecting the 
 tiate, and for abatements and losses which might occur in the 
 iioDolit. 
 
 le assessment is for the purpose of designating the person to 
 iged, but no debt is due until the rate on the dollar is imposed 
 e amount of the taxes thus ascertained and fixed. Devanney v. 
 
 iO. R. 206. 
 
 8oa. 
 
804 
 
 THE MUNICIPAL MANUAL. 
 
 KL^; 
 
 ( iJi 
 
 [v 
 
 Rate " ^' Public School Rate,'' "Separate School R 
 " Special Rate for School Debts," as the case mn \ 
 1877, c. 180, 8. «« ^' '^^ 
 
 O 
 
 88. 
 
 L'xit't , 120. All moneys assessed, levied, and collected undJ 
 ftsaessed and Act by whicli the Same are made payable to thp T 
 
 Lte^*.1.!r this Province, or other public officer, for the ^1??! 
 
 ner at local the Province, or for any special purpose or 
 
 rates. 
 
 m 
 
 public 
 
 in the Act, shall be assessed, levied and collected i th 
 manner as local rates, and shall be similarly calculltH 
 the assessments as finally revised, and shall be ent *^1 
 collectors' rolls in separate columns, in the heading l 
 shall be designated the purpose of the rate • (th 
 clerk shall deliver the roll, certified under his hand" 
 collector, on or before the 1st day of October or su 1 
 day as may be prescribed by a b^'-law of the lop- 1 
 pality. (e) R. S. O. 1877, c. 180," s. 89. 
 
 make o^^ut 121. The clerk of every local municipality shall alsoJ 
 
 rolls of lands out a roll in which he shall enter the lands of non-redJ 
 denu wITMe whose names have not been set down in the assessor'! 
 names uot in together with the value of every lot, part of Int a„ 
 
 assessment ° , • , p. ,, • • e !,^ \ ^^> ^^ i 
 
 rolls, etc. as ascertained atter the revision of the rolls ; and lid 
 enter opposite to each lot or parcel all the rates or 
 with which the same is chargeable, in the same raanni 
 provided for the entry of rates and taxes upon the coll 
 roll, and shall transmit the roll so made out, certified 
 his hand, to the treasurer of the county in which his 
 cipality is situate, or to the treasurer of the city op 
 as the case may be, on or before the 1st day of 
 ber. (/) R. S. O. 1877, c. 180, s. 90. 
 
 {d) The local machinery is the best adapted for the cou 
 taxes, and therefore is made available for mere than local i 
 See note b to sec. 119. 
 
 (e) It is here made the duty of the clerk to deliver the i 
 tified under his hand, to the collector, on or before the lii 
 October, or such other day as may be prescribed by a byb 
 local municipality. Unless the roll be certified as direi 
 collector is not bound to act under it. Vienna v. Man^ 
 J. 301. A certificate on the roll is not necessary to chargel 
 ties of the collector in an action against them for his defaaj 
 sufficient if the roll is signed by the clerk. Wtllaid 
 4 O. R. 217. 
 
 (/) Not like the roll mentioned in the preceding section,! 
 because on the non-resident land roll there cannot kg, 
 
 
 lilKa^iM^.. 
 
 ^^^tir. 
 
 :-ii'lill 
 
 *W' ■'a 
 
m)] 
 
 DEMAND OP RATES BY COLLECTORS, 
 
 805. 
 
 irate School Rau. 
 
 COLLECTORS AND THEIR DUTIES. 
 
 The collector, upon receiving his collection roll, shall Setors."' "'°'* 
 to collect the taxes therein mentioned, (g) R. S. O. 
 
 -c, 180, 8. 91. 
 
 i\) In cities and towns he shall call at least once on Collectors to 
 Ju taxed, or at the place of his usual residence or mentof ratlii 
 ^le or place of business, if within the local municipality 
 for which such collector has been aj^pointed, and shall 
 d payment of the taxes payable by such person or he 
 leave or cause to be left with the person taxed, ; ,r at 
 lidence or domicile, or jjlace of business, or upon the 
 IS in respect of which the taxes are payable, a written 
 ted notice, specifying the amount of such taxes, and 
 at the time of such demand or notice, or inmiediately 
 ifter enter the date thereof on his collection roll opposite 
 jue of the person taxed, or cause the same to be so 
 and such entry shall be prima facie evidence of 
 liemand or notice. 45 V. c. 28, s. 5. 
 
 In places other than cities and towns he shall call at 
 oDce on the person taxed, or at the place of his usual 
 iceor domicile, or place of bnsiness, if within the local 
 lity in and for which such collector has been 
 and shall demand payment of the taxes payable 
 
 lot any persons on whom the collector can or may call for pay- 
 l taxes. The treasurer would not, it is apprehended, be 
 [o accept the roll unless certlHed as directed. See note e. to 
 But the neglect of the clerk either to transmit the copy 
 , or his transmission of it in an imperfect form, would not 
 ! a sale of non-resident land for taxes. Allan v. FUher, 1.3 
 IP, 63. 
 
 'collector is to proceed to collect the taxes — that is, the 
 
 be in respect of taxes. He has no right to accept promissory 
 
 [sKurities of any kind in lieu of money. The acceptance of 
 
 rarity could in no way interfere with the right to distrain. 
 
 |v, McKenzie, 18 U. C. Q. B, 161, Wliere a collector is 
 
 rith the collection of taxes for several years consecutively, 
 
 e right to apply money made or money paid for taxes to 
 
 lin arrear during the first of the years. Ale Bride v. Oard- 
 
 p.C, C. P. 296. A collector of taxes legally qualified acting 
 
 e scope of his power is protected from all illegalities but his 
 
 (this although there is no jurisdiction to tax the person 
 
 be taxed, Notodlv. Tripp, 14 Am. 572, In the absence 
 
 Irtatntory provisions regarding the giving of receipts for 
 
 id the collector is not obliged to give receipts. Stiles v. 
 
 1 19 Am. 121. 
 
^h^,\h 
 
 806 
 
 TUB MUNICIPAL MANUAL. 
 
 [«• 123 1 
 
 
 ''■ '^iM'r 
 
 ''id; hi' \^lf:! ■ 
 lit! !'f ' '-'H'. 
 
 KI pyKl^ii-.. 
 
 by Huch person, (h) and shall, at the time of such i 
 enter the date thereof on his collection roll opno > i^*"" 
 of the person taxed ; and such entry shall be • ' 
 evidence of such demand, (i) R. 8. O. 1877 o fl^i^"'^ 
 
 Snfffi , 124-(1) In case a person neglects to pay his tax« 
 luade, cor,«c- tourteen days after such demand, or, in the can t 
 o!o^uxV/ >^^^ towns, after such demand or notice as aforesay rvl 
 duti-e»i and collector may, by himself or by his agent ik\ i ! 
 
 (A) The demand ia essential to the validity of subseoue f ~^ 
 ings authorized by the statute. Campbell v. Elmn n li '"^* 
 ' 29G; see further, Grece v. Hunt, 2 Q. B. D .389 hp ^'\ 
 resident land, De Blaquiere v. Becker, 8 U. C. C. P. ot a ^\ 
 constitutes a proper demand. See Chamberlains Tun, Vm 
 C. P. 460 473 ; Carson v Veitch, 9 0. R 706. The distSciJ 
 made for fourteen days after the demand. Sec. 124. Ifth i 
 be legally made upon the person taxed, no subsequtnt dem 
 the event of change of occupation, is necessary to enable th 1 
 to distrain the goods of the subsequent occupant Aunr'^ 
 18 U. C C. P. 170 And per klson. J.*: .-if th;tli;^ 
 required to make a fresh demand fourteen days before he 
 train, upon every change of ownership of occupancy he i 
 baffled for ever. Besides he cannot tell whether there has! 
 change of ownership or not, though he might be better able ( 
 of a change of occupancy" 76.178. But the person in no«. 
 whether the person assessed or not, may be looked udobI 
 
 Eerson " who ought to pay the taxes," so as to make a (len 
 im sufficient without showing a deman \ on the peraon 
 See note n to sec. 124. 
 
 (t) This is a most important provision. Without it th 
 certainly would not be evidence of the demand in the life'timi 
 collector. See Barton v. Dundaa, 24 U. C. Q. B. 273. Bntl 
 the bare fact of the entry appearing on the production of tl| 
 evidence of the /act of the demand, and, it ia beliived tk 
 the demand. There was no such provision in the Act of i 
 first appeared in the Assessment Act of 1869. See furthed 
 to sec. 131. 
 
 {j) As aforesaid. See note h supra. 
 
 {k) The collectors of taxes are officers annually appointed | 
 the taxes, which, in far the greater number of instances,] 
 able to do by merely calling upon those against whom j 
 charged. In cases where they may have to resort to coi 
 measures although the Legislature has enabled them U. 
 person and without the authority of any process, yet it wa 
 contemplated that the collectors themselves would, aaal 
 course, aot the part of bailiffs and auctioneers in seizing an 
 Per Robinson, C. J., in Fraser v. Page, 18 U. C. Q. B. 3.^| 
 Newberry v. Stephens, 16 U. C. Q. B. 69. So that while J 
 
 B'ven to the collector by himself to levy, it is also said ii 
 8 agent levy. But when a bailiff or agent is appointed, 1 
 
 'ra^^v^ 
 
JAL. [g. 123( 
 
 time of such denu 
 n roll opposite the i, 
 •y sliall be prima „ 
 D. 1877, c. 180,8. 9J 
 
 is to pay bis liixei| 
 or, in the case of 
 )tice as aforesaid, (j)| 
 Lis agent, {k) levy I 
 
 lidity of subsequent \n 
 \dl V. Elma, 13 U. C,' 
 . B. D. 389 ; see as tol 
 JU. C. C. P. 67. A9to| 
 %mhtria\,n v. Tiiriif r, ;il 1 
 R. 706. The distress mn 
 nd. Sec. 124. If the d« 
 id, no aubsequont dema 
 cceasary to enable the col 
 [it occupant, ilrifjliiiv. 
 ,8on, J. : "If the colled 
 lurteen days before he ( 
 ship of occupancy, he 
 
 tell whether there hasj 
 he might be better able t 
 But the person in pcM 
 t may be looked upoa] 
 
 '' so as to make a deir 
 .ernan'. on the person 
 
 ovision. Without it, tlj 
 lie demand in the hfetiim 
 4U.C.Q.B.273. ButJ 
 2 on the production oi tU 
 5, and, it is believed, (k 
 revision in the Act of 1 J 
 ct of 1869. See furthe^ 
 
 )ra, 
 
 ficera annually appointed 
 er number of instances, 
 jn those against whom 
 ,ay have to resort to col 
 re baa enabled them to 
 of any process, yet it wal 
 
 ■^themselves would, as a 1 
 auctioneers in semng 4 
 Pane. 18U. C.Q. B'»;«l 
 
 i/^B% So that .he I 
 LleW. it is also said tf 
 
 mW 
 
 DISTRESS FOK TAXES. 
 
 807 
 
 W 
 
 was of opinion m 
 Robiiibon expressed grave 
 
 with costs, by distress of the goods and chattels (n») 
 , to receive a warrant, which may be in the follow- 
 
 rof — \ To A. B. my Bailiff. . 
 
 '* hereby authorized and required to distrain the ((ooda and 
 
 !«"'',,, ^ (,f^ &c., which you shall find on the pretuises of the 
 
 '0 at &c.', or any goods and chattels in nia poaaession, 
 
 ^' thes'au'e may be found within the county of, &c., for the 
 
 .., |,j^jy,i against him for taxes on the collector's roll of, 
 
 ('the year, &c., imd now in arrear and unpaid, and in default 
 
 t of su^'b arrears of taxes and the lawful costs of the said 
 
 '""to sell and dispose of the said distreaa according to law, for 
 
 *' rv of the said arreara of taxea together with the said coata, 
 
 . '^nj go tioing this shall be your sutMcient authority. 
 
 Vuadermy band at, &c., this day of . A.i). 18-. 
 
 '""""^ E. F., Colkct<yr. 
 
 the collector would be liable for anytliing done by the 
 
 ' hich he had authorized the bailiff to do. Corhttt v. Johnston 
 
 if*C P. 317- Whether he would, like a sheriff, be liable 
 
 thine done by the bailiff, without the authority of or contrary 
 
 fdirection of the warrant, is a question which has never yet 
 
 Itormined, The late Chief Justice McLean w 
 
 firniative, but the late Sir John 
 
 I on the question. See Fraser v. Page, 18 U. C. Q. B, 
 
 If there be several rates, the legal separable from the 
 
 fntes unless the sums due in respect of the legal rates be 
 
 rtemiered, an action of replevin or trespass will not lie. See 
 
 Liec, 111). Should the person distrained upon, by his own 
 
 ,uct prevent the distress from being realized, it would seem 
 
 Becond distress may be lawfully made. Lee v. Cooke, 3 
 
 1,203, 
 
 here a collector of taxes having seized more chattels than 
 1, to pay the tax and costs of sale after selling enough for 
 pose, proceeded further and sold all the remainder of the 
 consisting of distinct and separate articles it was held that 
 a trespasser only as to the goods in excess of the amount of 
 and expenses. Scekins v. Goodale, 14 Am. 568. 
 
 ji planing machine standing by its own weight on the floor, 
 
 ; fastening, with belts and an engine to work it, has been 
 
 be a chattel liable to seizure for taxea. Hope v. Cuinming, 
 
 .C. P. 118. So an engine and boiler detached from the 
 
 by a fire, have been held to be chattels. WaUon v. JarvU, 
 
 Q, B. 640. So temporary floors, scantling, partitions, 
 
 halting, vats, cocks, and other such things. Hughes v. 
 
 16 U. C. C. P. 287. So machinery of different kinds detached 
 
 freehold, CarscaUen v. Moodie, 15 U. C. Q. B. 304, unless 
 
 for a temporary purpose, with the intention of again replacing 
 
 former position. Grant v. Wilmn, 17 U. C. Q. B. 144 ; see 
 
 WuttrnR. W. Co. v. Bain, 15 U. 0. C. P. 207 ; Promjuejf 
 
 37 U. C. Q. B. 473. 
 
t\m-^^- 
 
 808 
 
 THE MUNlCrPAL MANUAL. 
 
 Her, Stat. 
 61. 
 
 of the porHoii wlio ought to pay tho same, U) n,, t 
 goods or chattols in his posseHsion, wlici'over the 
 he found within the county in which tho local iiiur".''"iJ 
 lies, or of any goods or chattels foinid on tho i,' • 
 the property of, or in the possession of, any othftr *^ "" 
 of the pnMiiisos ; (o) and the costs clmrKcahlo shall I ''^l 
 c- payable to l)ailiH'n under 77«« Dii'ision Courtit Act U < 
 1877, c. 180, s. 93 ; 45 V. c. 28, h. 6. " ' '^ 
 
 |.' 
 
 :"'-'^m:M 
 
 a? war."' (2) If '^t any time after .le.nand has l„.,n nia.le, or i,,, 
 r*nt. case of citi«is and towns, after demand has been i ' i j 
 
 notice served by the collector as aforcsuid, an(l U>f\ 
 expiry of tiie fourteen days mentioned in this scctii 
 . collector has good reason to believe that any party I v ■ 
 taxes are payable, is about to remove liis goods and cP 
 out of the municipality l)ef()re the fourteen days has 
 and makes alliduvit to that otl'ect before the nmvor 
 
 oxpiii 
 
 («) What in tho nieaniiig of tlio oxproHsion " wlio niu'lit to r, 1 
 same?" Is it to lie conHidoreil with relVrciuui to the timu (IbJ 
 •which it may l)e s.iitl tlic colloctor's roll is iu force for eiicii T 
 taxes ? or is it to be understood as extciidin!,' to any lencftl) of 
 and to ftiiy person who may liappon at tlio time fif t'lie iHstms 
 in possession ? The former appears to he the pnijior constriid 
 according to Holronih v. Shnir, 2'2 U, ('. (), \\. (}•>. Sinilkv si,m 
 U. C. L. J. '207. Hiit tlie latter wouM seem to'lte Hiinction-S 
 Anntinv. Minis, IS U. C. C P. 170; Stpiirr v. .1/o,m;(i //,,•)()(;, cq 
 531 ; see furtlu-r, PlnmMtad Hoard of Worlc^ v. /niiiildhn I I' 
 63 ; 174. ■'■ ''■ 
 
 (o) It is evident tliat tho Legislature intend tlie taxes to he pji 
 some way, and think it bettor to make <iiii/ ({oods in tho i)osL 
 of the p;u-ty, wliethor behinging to iiiniself or not, lialile wia 
 donl)t, lor the taxes, tlian that the colleittor should l)e at thd 
 and expense of contesting title with every one who might diiimi 
 to the goods seized. Per Burns, J., in Fra:ir v, I'oije, 18U. C. 
 340. If the distress be made on tlio goods and ehatteis of thrtt 
 "who ouglit to ])ay the taxes," it may be made on his goodl 
 chcattels in his possession, although not on tlie assessed preiiiisesj 
 vided made within tlie County. Aiif/lin v. Minis, 18 U.(".('.1*J 
 170. by an agreement between the (Jroat Western HaihvavC'ol 
 the Erie and Niagara Railway Co., the former were workia 
 latter line of railway with their own engines and cars, anfl 
 defendant, as collector, seized one of such cars on the line of i. 
 for taxes due by the Erie and Niagara Uailway Co. in respi 
 other land belonging to the Company. Held, that the .seizurj 
 illegal, for the car, when taken, was in the possession of the I 
 Western Uailway Co. and their own property. Great We■^tl'n\ 
 Co. V. fiOf/prs, 20 U. 0. Q. B. 245. No action will lie against! 
 lector or bailifT for distraining the goods of a stranger without ( 
 sity, upon the allegation that there were goods enough of thei 
 assessed to pav the taxes to satisfy the demand. McElhen 
 Menzies, 7 U. C. L. J. 244. 
 
 jmi'ir. 
 
-ine, ()i) or of 
 Rver tl»o samn m 
 local luiinic'unlj 
 I on tilt! piT'inii 
 imy othfir occ\i]»i 
 eal)l(> slmll lio 
 lonrts Act. U, S, 
 
 l)t'fii miulp, or, \\\\ 
 \ liiis Ixicii uiiidfll 
 ■iiitl, and Ix'fdiv 
 (I in tliis HtM'tioii, I 
 t !iny party Ity wl 
 lis ^foods and chutfj 
 tci'ii days lian expiij 
 •e tlu) mayor or rei 
 
 n •'whoouglit topayj 
 i!nc(! to tlie time du 
 ill force for eiicli y^ 
 iij; to any leii|;;th of 
 ;iine of the ilintress 
 the projior constru^ 
 B. \)2 \ .vmlk V. Hk 
 ;uin to 1)1.' Hiuictiniicd 
 V. .Uo!)m,v,3()U,('.( 
 /,••( V. liuioldhijy L. U. 
 
 11(1 the taxfs to be pal 
 [v nooils ill th(! possa 
 •If or not, lialile will 
 ,iir Hhould lie at tha 
 one wlio might clain 
 ;jr\. I'(i<i(, 18U.C. 
 and ehiittelsofthej 
 made on his goodd 
 ftlie assessed vveiuisesj 
 , Mim, ISU.C.C.PJ 
 Western Railway C'q 
 former were workin 
 lugines and civi'3, and 
 cars on the line of d 
 llailway Co. in respd 
 ,eld, that the seizur^ 
 e possession of the 
 irty. 6')'«t« Wtifml 
 ition will lie against j 
 jf a stranger without j 
 [roods enongh of the] 
 ,e demand. McBkA 
 
 m 
 
 DIHTRRHS ON LANDH Oi<' KON-KE8IDE(fT8. 
 
 809 
 
 , ....i.'inalitv. <»■ l»«ifor«i any JuHtico of th«i Poiico, hucIi 
 
 Ut* IIluUl*''! *. Ill* ii 111 
 
 >,ivo oi" jUHticMi Hliall iHHiui a warrant to tlte colleobor 
 
 k'horiz'i'l? 
 
 iVlilO' 
 
 lor 
 
 i liiiii to liivy for tl»o taxo.s and co.Ht8, in tlio nian- 
 |)V tills Act, altliou>,'h tlio fourt«MMi days aftm* 
 
 iiotic", as the (iaso may l)o, may not havo oxpirod, 
 
 Ijj.l, coll"i;ti)r ni.iy levy aocordingly. 44 V. o. 25, h. 5 ; 
 V,,->8,«. 7. 
 
 . y |,jjy rtliall, for tli(i purpoHtw of this smition, hr doomod 
 thi" t'"' "•""^*'y "* whioli it foiins judnnally a part. 
 
 \V,4:»,s. 14. 
 
 .. ifmiy i)(>rsi>ii whoso namn appears on thoj*oll in not Prnn««JinRi» 
 E,t witliiii tlie niuiiudpality, tho colloetoi- shall transmit !,"„■„,"/ 
 .. i^y p|,4 ,i(l(lr«sspd in iii;cor:lanco with the notico given Jonti. 
 
 Ii iion-fosidiMit, If notion has hcon giv(nj, a statomoiit 
 Iiiiiind of tilt' t'WO.^ chargotl a;,'ainHt him in tho roll, (y») 
 1 ,11 at tin' tiiiu' of suoh triinsmlssion, ontor tho date 
 it'oii the roll oppositi! tho namn of .suili ptu'son ; and 
 i>iitrv shall hi'' j>vimn J'luuf. ovidtMico of such triinsini.s 
 1111(1 of tilt! time tlioroof, (7) and the said HtatomcMit and 
 ii.Uliall t;oiit;iiii written or printed on somo part thereof 
 iviint^and pitst idlieo ntldress of such collector. II. S. O. 
 i^clHO.H. lU;4r. V. c. -28, .s. 8. 
 
 ig In caso of tlio land of non-residonts, who have wh«n roiieo- 
 ibl their Dnines to ho ontcrod on tho roll, tho collector, t^^«^™»y •"•- 
 roiiemontli tVoiii the date of tho ilelivory of tho j'oll to rates on luw. 
 
 and after fourteen days from tho time such demand as [I'^^.j^""'"' 
 
 jWliPutlii' coIliH'tor iirocoeila to enforce payment, ho is to deal 
 jtbose whose nanus apptiar on the ridl. If thuy uro within tin- 
 Icirality, he is to call niion tlieiii, or at their residence or place 
 lines, anil ilt'inand payment. See note /t to sec. 12.3. If they 
 Lw the municipality he is, under this section to transmit to 
 lliv post a stateineiit of the taxes charged against them on the 
 lindilemand imyiiient. In Auulin v. J/i/u'.s 18 U. C. C. P. 170, 
 iMr. Justiou Wilson, saitl : "This last provision as to not being 
 ithe iminifipality apjdie.s, I tliink. as well to the owners ol 
 [siJent lands who have reiiuestotl to be aasessetl, as to the per- 
 who were residents at the time the assessment was made, antl 
 Iwere .asaesseil as owners or occupants, but who have since 
 \d from the municipality." An<jlin v. Minis, was deciiled 
 IttheConsolidatetl Statute, cap. 55. Section 95 of that Act hail 
 I here, the words "adtlrcssed in aocordi.nce with the notice 
 [by such non-resiilent, if notice has been given." Their intro 
 In shows that the section now beyond question applies to uon- 
 it owners who have requested to be assessed. 
 
 ! note i to sec. 123. 
 
«10 
 
 w 
 
 ii ' li 
 
 'JS.-il I 
 
 THE MUNICIPAL MANUAL. 
 
 [s- 126, 
 
 dis-j 
 
 aforesaid has been so transmitted by post, M may m u 
 tress of any goods and chattels (s) which he may fin i * 
 the land ; (t) and no claim of property, lien or privile<»fc 
 be available to prevent the sale, or the payment of tl° T*" 
 and costs out of the proceeds thereof, (u) R S (^ u^ 
 0. 180, s. 95. ^- '^'".1 
 
 (r) In the case of non-residents, the transmission of thp cf 
 id demand, under 16 Vic. c. 182, was held not to be a j-' 
 
 and aemana, unoer io v ic. c. io-.4, was neia not to be a c "P" 
 precedent to the power of distress. De BUxquure v. Buko- S r'"" 
 C. P. lliT, But now it is clear, under this section, that the d 
 or statement is a condition precedent to the distress Sep „ .'""i^ 
 aec. 123. " ^®^"o'«Al 
 
 (a) Goods and chattels. See note m to sec. 124, 
 
 (0 The collector has no legal power to go out of lug countv forthi 
 purpose of making a distress. He may under section 124makea 3 
 tress of the goods anc" chattels of the person who ought to mv 
 taxes or of any goods oi- chattels in his possession, wherever the sj™ 
 may be found in the county within whicli the local municipalitvy 
 But in the case of a non-resident the power of distress is ouh' ^.l 
 any goods and chattels which he mayjind upon the land. Any/ 
 found upon the land, whether belonging to the party who ou4tJ 
 pay the taxes or to a stranger, are liable to be so distrained" 
 note o to sec. 124, 
 
 (m) It is probable that under these words a distress by a col 
 for taxes would supersede a prior seizure by the sheriff under «e( 
 tion. Adahead v. Grant, 4 P. R. 121. But a- mere uotice by I 
 collector to the sherifl" of the amount due for taxes is not a di'sti 
 so as to supersede the prior claim of the sheriff under this seed 
 Ih. In the absence of a diatress, the execution creditor is entitled 
 the entire proceeds of the sale, to the exclusion of the tax collect 
 76. Chattels in possession of a receiver of the Court of Chaw 
 were seized and sold by a bailiff for taxes, ^'eitlier the bailitFl 
 the purchaser knew until after the completion of tlie sale that! 
 property was in the receiver's possession, or was intended i 
 affected by the order appointing a receiver, and both had 
 informed to the contrary in good faith by the party in ciiarge. 
 that the sale was valid. Gihaon v. Lovell, 19 Grant, 19", kdel 
 ing judgment, Mowat, V. C, said; "The principal ground of oj 
 tion to Mr. Bacon's (the purchaser) claim was that the salewasl 
 in equity by reason of the property having been in the custody^ 
 Court through the receiver at the time of the sale. The ansM 
 this objection is, neither the purchaser nor even the bailitiwasinfcj 
 of this until after the sale was completed. On tlie coutraryij 
 had been expressly told, on what might well seem to them 
 competent authority, that the engine and boiler (the goods ani 
 tels sold) were not affected by the Chancery proceedings, auj 
 not in the possession of the receiver." Jb. 202. And again; 
 doubt, if the Court had been applied to before the sale, the 1 
 proceedings would have been restramed and nulhfied, becaui 
 Court does not permit any interference with property in thej 
 
operty, lien or privile« 
 
 m to sec. 124. 
 
 M] «"™=«« OX LANDS OF NOX-RESIDENTS 
 
 127. The collector shall, by advertisem^nf 
 least three public places in the town«,hi.? ff^''®'^ "P »nat^,'"'«°''o«c. 
 wherein the sale of the goods and chatteliVi^^^^^^^ -ard^Sr.»„ 
 I made, give at least six days' M rjublip '\"^^^^^^^^d is to be Whatman- 
 'place of such sale, and of the name of !h? '°^*^" ^^^^eand ""• 
 f perty is to be sold ; (w) and, at the time ni'^^'T "^^^^'^ P^o- 
 1 tiie collector or his agents shall sell at n-"*^^®""*'*'^, ^ 
 lioods and chattels distrained, or so m».i ?u ^^ ^"<^*^Oft the 
 [Uary. (.) R S. O. 1877 c 16^0 i' Ig"''""^ ^' «^^>^ ^e 
 I 128. If the property distrained has been ^nU f 
 Me amount of the taxes and costs and if T "^^^^ *^an ^"'p'". u 
 
 Lrplus is made by any other ner^nr. .i "° ^^^^"^ to the J)!'^ "'"'?«^' 
 ^erty sold belonged to 1^?^?^? , ^" ^'"""^^^ '^^^^ the Sr^^n'*^ *" 
 -r other right to the surplk ^') t^jf ^^^ entitled by sTo'n^'S.i''"*'^ 
 
 ^,«. -^ — „ -^^M.^^^^-^^^ yu iiilU, Or thai- I ***M(u tut; ^^"•^j 'u 
 
 or other right to the surplk ^') * ,f ^^^ entitled by sTo'n°''5.i'°'*' 
 1_ ^^ ^"^^ surplus shall be«^»°='«''e'e; 
 
 iply tiie Court before the sale."" If, Cq "Tk""" ^^'" «"» <lid noi 
 .c these chattels were, being afterwardrsoj^^^ f «t^Wishment fn 
 jurt in one lot as a going concern if ,^ . , r ''^ the order of f i! 
 |s.h chattels at thf tax sal^ wSe *tSt'l *'^* *^« ^-oh^ 
 ithepurchase money realised at the Chance*?/,,^°"-««Ponding pS 
 
 (at.«.si. days'.*. Seenote.to sec.;it;,,tM • 
 
 I ^ °^ t"e Municipal 
 
 it) Errors or defects in the ad «■«..*,•» 
 
 leved. affect the title of the nZh ""?* °^ «^^« ^"ould not if • 
 
 «ted at the collector's sale ^ See /« ' *" ^''^ ^««ds and cLtl" 
 
 IT./ro!(;<w, 30 U. C. Q. B 2(h> . >r ' ^«-*'«« v. //a^/ /a lief- 
 llfcv.Zo../^, 19 Grant f97.' '^"""'''' "• ^-«r^^«" 15 otant' 
 
 tlThecollector, after sale, would if ; 
 to sue the purchasers f^^fk' -^apprehended h^ ;„ 
 -.%%,' 1 U.Tq'b 282 ^Tf^' ^^'^ thfni^ oM^PS?- 
 
 t See .^^^^^^^ -- 
 
 . *=^« further, note 
 
 J ine goods and chattel«i of „«, 
 
 » '* "r 
 
 -.IF- 
 
 ^>'V 
 
 
 R*i ' '' ' 
 
 If 1 '8 
 
 
 III 1 1 
 
 i' ' ' i 
 
 
 . fi i ;;'; 
 
 \)\l 1 
 
 
 'h f r,'.||| 
 
 
 'ik 
 
 . ir 
 
 
 ' i r 
 
 f'[,l,; if 
 
 
 1 1 
 
 Ik 
 
 ;l 1 
 
 
 m f 
 
 ■ 
 
 iri ^ w 
 
 
 f' ' 
 
 'If 
 
 I'' 
 
 li 
 
 
 liL i 
 
 1 
 
 itji 
 
 i 
 
 1 
 
[s. 128. 
 
 S12 THE MUNICIPAL MANUAL. 
 
 returned to the person in whose possession the pron r+ 
 
 when the distress was made, (z) R. S. 0. 1877 n iua "^^^ 
 
 • ' ) u lou, s. 97 
 
 129. If such claim is made by the person for whos 
 the property was distrained, (a) and the claim is ad^t" * 
 the surplus shall be paid to the claimant (b) p q i 
 1877, c. 180, s. 98. ^'^^ 
 
 7£XMor,^ 130. If the claim is contested, such surplus money shall 
 •urpius con- be paid over by tlie collector to the treasurer of tJ, 
 
 or to admit- 
 tcitelAimant. 
 
 tfsted. 
 
 municipality, who shall retain the same until the rps 
 riglits of the parties have been determined bv aft 
 
 otherwise, (c) R. S. O. 1877, c. 180, s. 99. 
 
 Kccovery of 
 taseB bj' 
 action. 
 
 131. If the taxes payable by any person cannot 
 recovered in any special manner provided by this Act tJ 
 may be recovered with interest and costs, as a debt d 
 the local municipality, (d) in which case the production ofl 
 
 belong to the owner of the goods and chattels so sold. It i 
 that any part of his goods should be sold to pay the liabili 
 another, with whom he has no privitj but it would be still h 
 if he could not claim any surplus left after payment of the tuf 
 costs. 
 
 (z) The receipt of the surplus by the owner of the goods n 
 not, unless accepted in satisfaction, be any condonation, soastcJ 
 vent an action being brought to recover the value of +he! 
 sale were from any cause illegal. Hee Ev(Vh^i v. Wriilit ouil 
 527 ; Robinson v. S'hield.% 15 U. C. C. P. 38t). '" 
 
 (a) See note y to sec. 128. 
 
 (b) If the claim be disputed, the collector must pay oveitJieiiii 
 to the treasurer of the local municipality, who is to retain tliei 
 until the rights of the parties have been determined by acti 
 otherwise. Sec. 130. 
 
 (c) It is not said that the collector, on payment to tlietre 
 would be thereby discharged or relieved from acting at thes 
 the rival claimants, or eitlier of them — but such is the fairi 
 ment of the section ; and where the sale is legal, such wo 
 be the construction put upon the section by the Courts. 
 
 (rf) The right to sue for taxes is, apparently, only given win 
 tax "cannot be recovered in any special manner provided kl 
 Act, " — such as distress and sale in the case of resident I 
 and sale of lands in the case of non-resident proprietors iriil 
 requested their names to be put on the roll. Berlin y.Hif 
 U. C. C P. 211. When there is a sufficient distress on tkn 
 and the municipality by laches puts it out of its power tod 
 seems that this section would not give a right of action, fiij 
 Veitch, 9 O. K. 70G. In order to entitle a nuuiicipal corp 
 aue for a tax imposed iu the ordinary manner upoo m 
 
 '**-*"-^-- 
 
lUAL. 
 
 ession the property vu 
 J. 0. 1877, c. 180, s. 91, 
 
 e person for -whose taxa 
 [ the claim is admittf 
 •laimant. (6) R.S.Oj 
 
 such surplus money ski 
 lie treasurer of the local 
 same until the respectivj 
 determined by action i 
 180, s. 99. 
 
 i>y any person cannot 
 provided by this Act, M 
 nd costs, as a debt due 1 
 Lch case the production oij 
 
 d chattels so sold. It is 1 
 be sold to pay the liabilta 
 t\ but it would he still ht, 
 t atter payment of the ia,mi 
 
 the owner of the goods tti 
 
 he any condonation, soastot 
 
 ^ver the value of the goodsiil 
 
 See Evdih-i V. Friy/i(,2H,4| 
 
 collector must pay over to 
 
 ^pahtV,«b«i«^°'^?r L^ 
 ,e been determmed hy acta 
 
 kor on payment to tlieta 
 Ked from acting at the « 
 Lem-^ut such is the a» 
 
 Csaleislegal,««e\^«'iWf'^ 
 Kectiou by the Courts. 
 
 L apparei^tly. only given ^ka 
 
 utaitoutofitspowertoto 
 Kive a right of action, « 
 
 fto^entitleammucipa^H 
 Irdiuary manner upon tesA 
 
 RETURN OP collector's ROLL. 
 
 813 
 
 f so much of the collector's roll as relates to the taxes Evidence. 
 ^*'"''\lebv such person, purporting to be certified as a true 
 ^'^^hv the clerk of the local municipality, shall be prima 
 ^S evidence of the debt {e) K. S. O. 1877, c. 180, s. 100. 
 
 132 In towns, villages and townships 9 very collector collector to 
 his roll to the treasurer (/) on 
 
 jiall return 
 
 or before "^.""j*'" 
 
 roll and pay 
 
 the corporation must be able to shotv, in the first place, that 
 
 i^'^-Ifonflant's name is on the roll, see Sargant v. Toronto, 12 
 
 fV C P 185 : McCarral v. Wafkim, 19 U. C. Q. B. 248, and in 
 
 . xt piace, that they have done what would be necessary to 
 
 Jtle them to distrain by warrant for the same tax, if the person 
 
 ihad goods that might be seized, except perhaps there would be 
 
 k casion to make the previous demand mentioned in section 94, 
 
 slfpjrRobmson, C. J., in London v. Great Western R. W. Co., 16 
 
 P B. 502 ; and neither by distress nor by action can a rate- 
 
 r be compelled to pay a tax of which such notice has not been 
 
 Jai to him as the law has provided section 48 (47) of this Act. 
 
 Bv this is not meant that the plaintiffs in such an action are 
 
 ad to set forth in the declaration that they have given such 
 
 tee as the law requires before the assessment roll was finally com- 
 
 ted— that may perhapa be assumed till the contrary is shown — 
 
 kit must be open to the defendant to deny that such notice was 
 
 «n and to put plaintiffs to the proof of it. lb. In order to entitle 
 
 I corporation to sue a non-resident owner of lands, it mu^ . not 
 
 It appear that the special remedies provided by tlie Act are 
 
 mailable, and that the defendant's name is on the roll, but it must 
 
 jbe distinctly averred and proved that the owner had requested 
 
 fname to be placed on the roll. Berlin '^ Grange, 1 E. & A. 279. 
 
 I No proof of the signature of the clerk is apparently made neces- 
 
 If the certificate produced purports to be signed by him, it will 
 
 ceivedon production. But when received, it is only prima facie 
 
 mce ■ in other words, its accuracy, or the facts it represents, 
 
 jbe disproved. See Heskdh v. Ward, 17 U. C. C. P. 190. See 
 
 |Kc. 66. 
 
 It is the duty of the collector, under this section, on or before, 
 
 p named or appointed for the purpose, not later than the Ist of 
 
 lary, see note g to sec. 248 of the Municipal Act, to return his 
 
 lind pay over the amount payable, specifying in a separate 
 
 m oa his roll how much of the whole amount is paid over on 
 
 Dt of each separate rate. Does the collector at any time, and 
 
 [when, become incapable of exercising his functions as coUec- 
 
 l Suppose the municipal council does not extend the time beyond 
 
 |h of December, does he on that day become functu.9 officio ? 
 
 ibt he may receive moneys on account of taxes after that day. 
 
 Id he has not made his return, and no doubt his sureties would 
 
 p for moneys so received. Whitby v. Harrit^on 18 U. C. Q. 
 
 I Toid v. Perry 20 U. C. Q. B 049. But whether he may 
 
 |the compulsory poxoers with which he is invested, is another 
 
 it The enactments which provide for the appointment of 
 
 pti, see sec. 254 of the Municipal Act, and sees. 12 and 13 of 
 
 ', contain no limitation as to the time they shall hold ofhce ; 
 
814 
 
 THE MUNICIPAL MANUAL 
 
 or«r pro- 
 
 [»• 132. 
 
 ceedxby the*^® ^**^ ^^^^ °^ December in each year, or on suoK a 
 day to be :n the next year not later than the 1st day of poV, ? 
 ffi'ciu^'^the council of the municipality may appoint, and 27' "^i 
 over the amount payable to such treasurer specif v" -^^^ 
 separate column on his roll how much of the whtJl ^^ ^^ * 
 
 paid over is on account of each separate rate • (a)'^ *?^oint 
 
 le ( 
 taxes, required by sections 123 and 125 in each ° 
 
 make oath before the treasurer that the date of ^the H i 
 of payment and transmission of statement and de ^°'*"^' 
 
 , — J -^ _ — .„„ ^j^ citcn case K 
 
 been truly stated by him in the roll. K. S. 0. 1877 i 
 
 s- 101 ; 44 V. c. 25, s. 6. 
 
 C.I80. 
 
 other per- 133— (1) In case the collector fails or omits tn n«ii . , i 
 
 Bons may bo *"" V / i.- .i c u ^u , ""^ ^-O Collect tUl 
 
 •mpioyed to taxes or any portion thereor by the day ajjpointed or k!l 
 and it is declared by sec. 279 of the Municipal Act fhnt „ii «. i 
 
 ;_i_j 1-.. - ;i _i 11 1 ^A „J3C ..^j.!i "> x'ltto ail othcejl 
 
 the collector does not become functus officio so longarhrhdi u 
 
 nffifa anfl ir» Inner fta Vila roll ia Tint, i-ofur-rm/l . ;., _ii 'US M 
 
 ft 51 1 
 
 
 m' ^ 
 
 
 auM. lu lo u^vtaicvi »7j ovv,. -I./ v/i t-*.c iTiuuiuilJai Act, that all ftffi 
 
 appointed by a council shall hold office until removed hv t»,» J 
 See Beverley v. Barlow, 7 U. C. L. J. 117; /» re .Sr""H 
 Beeman, 17 U. C. Q. B. 99. The better opinion seems to f 
 the collector does not become functus officio so long as he hoi i 
 office, and so long as his roll is not returned ; in other words ti>' 
 his authority to collect taxes on the roll is co-extensive with fil 
 term of his office, provided in the interval he has not return ! 
 roll. The diflferent provisions for the enlargement of the tim 
 his making his return are in favour of the collector, and provision. 
 in favour of the ratepayers. This was the opinion of Robins 
 J. , and Burns, J. , McLean, J. , disaentiente, in Newberry \ Ste'^ 
 16 U. C. Q. B. 65j and was in fact the decision of the Court in tl 
 cnse, since recognized in McBride v. Gardham, 8 U. . C P 
 and McLean V. Fai-rell, 21 U. C. Q. B. 441. In c'okimns K 
 27 U. C. Q. B. 5, Draper, C. J., said : ''The Court acted upon ft 
 berry v. Stephens, or at least in accordance with its principle in 
 Chief Superintendent of Schools v. Farrell, 21 U. C, Q. B. 441- 
 the Court of Common Pleas recognized its authority in McEri 
 Gardham, 8 U. C. C. P. 296. On these authorities we think 
 objection, the right to distrain after time fixed for recurn of the 
 is untenable." 
 
 (g) If a collector refuse or neglect to pay to the proper trei. 
 or other person legally authorized to receive the same, the i, 
 contained in his roll, or duly account for the same as uncolleci 
 then not only may the ordinary remedy by action against his sj 
 ties be applied, but the treasurer may, within twenty days after] 
 time the payment oaght to have been made, issue a warrant i 
 his hand and seal, directed to the sheriff of the county or i 
 as the case may be, commanding him to levy of the goods] 
 chattels, lands, and tenements of the collector and his sun 
 such sum as remains unpaid and unaccounted for, with i 
 pay to the treasurer the sum so unaccounted for, and to retiu 
 warrant within forty days after the date thereof. Sec. 231, 
 entries made by the collector on the roll of taxes paid are evidj 
 against his sureties. Welland v. Brown, 4 0. R. 217. 
 
]KL 
 
 [8.131 
 
 year, or on sud day | 
 
 it day of February, »& j 
 ippoint, and shall pay ■ 
 surer, specifying in aj 
 L of the whole amount 1 
 ite rate ; (g) and shallf 
 he date of the demand 
 ;eraent and demand ofl 
 125 in each case, haiJ 
 K. S. 0. 1877, c. 1801 
 
 ils or omits to collect tli«| 
 day appointed or to 
 
 micipal Act, that all officei 
 
 until removed by the counc 
 
 117 ; Jn re iVcP/icrsoii ai 
 
 er opinion seems to be, thi 
 
 officio so long asheMdst' 
 
 eturned ; in other words, tl 
 
 roll ia co-extensive with 
 
 ierval he haa not returned 
 
 1 enlargement oi the time 
 
 4;he collector, and provisioni 
 
 8 the opinion of Rohinsun, 
 
 iente, in Newberry y.iittM 
 
 ileciaion of the LourtintH 
 
 Garrf/iam, 8U. .C.P.lSl 
 
 j_ 441. In Coieinaii v, Aa 
 
 "" The Court acted upon jVJ 
 
 lance with ita principle, in f 
 
 ■edits authority mJ/cBr«{ 
 hese authorities we think I 
 ime fixed for return oif- 
 
 to pay to the proper tr( 
 to receive the same, the 
 t for the same as uncoll( 
 .dv by action agamst his 
 V within twenty days a ta 
 J' made, issue a warrant « 
 Rheriff of the oounty or 
 Ihim to levy of thegocH 
 1 the collector and bis 
 Lccounted for, with costs 
 recounted for, and to r^ 
 
 date thereof. »f'"'. 
 
 ,rtdl «^***''^' " 
 P, 4 O.K. 217. 
 
 , KETUBN BY COLLECTORS OP UNCOLLECTED TAXES. 815 
 
 8, 135-J 
 
 u^mntedasin the last preceding section mentioned, the^/-tt««. 
 Im .. f the town, village or township may, by resolution, tor iioes not 
 1 Tnrizethe collector, or some other person in his stead, tOeSn*daJ. 
 
 the levy and collection of the unpaid taxes, in the - 
 jcontinii ^^^ ^^^ powers provided by law for the general 
 
 r°.nd collection of taxes. (A) R. S. O. 1877, c. 180, a. 
 Ki44V.c.26,».6. 
 
 i!)\ 1^0 such resolution or authority shall alter or affect the 
 . '"^ Jf the collector to return his roll, (i) or shall, in any 
 whatsoever invalidate or otherwise affect the liability 
 nhTcollector or his sureties. R. S. O. 1877, c 180, 
 
 '102 (2). 
 
 134. The council of every city may, by by-law, fix the J^^^^^'^'^^'y 
 (nv fhe return of the collector's rolls and any enlarge- fix the time 
 
 iniesiori'uc 44 -it „ ok. c a fov return of 
 
 entsofthesarae. (j) 44 V. c. J5, s. 6. .oiiectors- 
 
 rolls. 
 
 .ne jf any of the taxes mentioned in the collector's roll i'roceedings 
 Lin unpaid, and the collector is not able to collect the ^}'Z^^Z, 
 1,0 shall deliver to the treasurer of his municipality and cannot 
 
 ; ue suaii ■ • J ii. II 1 be collected. 
 
 „ccount of all the taxes remaining due on the roll ; and, 
 s"ich account, the collector shall show, opi)osite to each 
 
 issment, the reason why he could not collect the same by 
 in each case the words Non-resident or Not 
 
 'dmt property to distrain, or Instructed by Council not 
 \ikct, as the case may be ; {k) and such collector shall 
 
 I This section is intended to give the council power, by resolu- 
 te authorize the same collector, or any other person iu his 
 id (0 contmM collections which are being made, but not completed, 
 le time appointed for the return of the collector's roll. The 
 (er however, cannot be exercised after the final return of the roll 
 ke collector, and after the lapse of several years. Holcomb v. 
 L,22U. C. Q. B. 92 ; Smith v. Shaw, 8 U. C. L. J. 297; Lang- 
 ]\'.'Kirkpatrick, 2 A. R. 513. But the land is not thereby 
 bed; the arrears of taxes are a special lien on the laud. 
 fl37.' 
 
 I Sefe sec. 132 and notes thereto. 
 I See note h supra. 
 
 litis the duty of the collector to return his roll by a day named 
 
 wiiitad for the purpose. See 132. It is also his duty under this 
 
 n, when unable to collect any taxes, to deliver an account of 
 
 kes remaining due on the roll, and in such account he is required 
 
 ^w the reason why he could not collect the same. If he fail in 
 
 irformance of these duties, proceedings by action may be had 
 
 t him, or his sureties and himself ; proceediugs also of a very 
 
 itry cliaracter. See sec. 231. If these remedies be of no avail, 
 
816 
 
 THE MUNICIPAL MANUAL. 
 
 H y: 
 
 i'-"si'i 
 
 [8-135. 
 
 at the same time furnish the clerk of the munic" i- 
 a duplicate of such account, and the clerk sh^n *'"* 
 receiving such account, mail a notice to each pers "^^''l 
 ing on the roll with respect to whose land any t ^" "PP^^^I 
 to be in arrear for that year. R. S. 1877 V. 11^^ ^^^^l 
 49 V. c. 38, a 9. ■ °"' ^- l^O, UO3/ 
 
 When thus 
 not collect- 
 
 136. Upon making oath before the treasurer th 
 Xconectowsums mentioned in such account remain unpaid andtU? 
 to be credited has not, upon diligent enquiry, been able to riL. 
 
 with amount . . ' j^ i 4.4. 1 u i • V . ^ discover siift 
 
 cient goods or chattels belonging to or in possession of iJ 
 nersons charffed with or liable to nnv un/.K ' ''■ 
 
 Taxes to be 
 « lien upon 
 land. 
 
 persons charged with or liable to pay such sutus 
 premises belonging to or in the possession of any 0(°" 
 thereof, whereon he could levy the same, or anv .,q^ ^u 
 .1,^ „„ii„„*^„ „v,„ii K^ «..„,K4.„,i ....-i.!. .,' "'V l«n there 
 
 oecupai 
 
 the collector shall be credited with the amounr 
 ized. (l) R. S. O. 1877, c, 180, s. 104. "*"* ' 
 
 137. The taxes accrued on any land shall be a special lii 
 (m such land, having preference over any claim, lien i 
 lege or incumbrance of any party except the Crown 
 .shall not require registration to preserve it hi) R <j 
 1877, c. 180, s. 105. ' ^ ' '^^ 
 
 then Court may interfere by mandamus. In re Quin and iho 7V 
 of the Town of Dtmdas, 23 U. 0. Q. B. 308. ™ 
 
 il) This appears to intend that the proper course is for tli J 
 cipal council in the first instance to debit thu collector with HI 
 taxes on his roll, and from time to time, as lie pays over mJ 
 credit him therewith, until he find himself unable to collectl 
 balance, and then accept froni him the oath here required and J 
 him with the amount not realized, so as to close the account 
 
 (m) The eflfect of this provision makes it necessary for every iu« 
 ing purchaser to search not only the registry office for dew 
 conveyances affecting land, but the office of the county or ( 
 treasurer who would be able to give information as to tlie taxJ 
 any, due upon it. See remarks of Burns, J., in Hokombv.Sh 
 U. C. Q. B. 104. But apparently it is no part of a solicitor's 
 under, an ordinary retainer, for the investigation of title to 1 
 such a search. Ross v. Strathy, 16 U. C. Q. B. 430. The lien j 
 only made special, but one having preference over any ciaial 
 privilege or incumbrance of any party except the Crown ; butei 
 the case of the Crown, if the lien have attached before thef 
 became the owners of the land, the lien holds as against the L 
 Per Adam Wilson, J., in Secretcwy of War v. Toronto, 22 U.CJ 
 555 ; see further, Stokes v. State of (Jeorgia, 12 Am. 590. Tai 
 upon land at the time of sale are an incumbrance within thecoi 
 for quiet enjoyment. Haynes v. Smith, 11 U. C. Q. B. 571 ;[ 
 V. Anderson, 13 U. C. C. P. 476 ; see also, Richard v. Benl, 111 
 But where the vendee of laud subject to taxes allows it to In/ 
 
lAL. 
 
 [8.135. 
 
 the municipality with] 
 ihe clerk shall, upon I 
 to each person appeaM 
 land any taxes appeajl 
 0.1877,0. 180,8, m| 
 
 the treasurer that th 
 nain unpaid, and that 1 
 a able to discover s\\f 
 ) ov in possession of ttj 
 iiy such sums, or on tlj 
 ssession of any occupai 
 
 same, or any part there 
 ,tli the amount not re 
 \ 104. 
 
 land shall be a s\)ecialli 
 )ver any claim, lien, prii 
 by except the Crown, ; 
 preserve it. (m) R, ij.l 
 
 1 LISTS OF LANDS GRANTED BY THE CROWN. 
 BABLY LISTS OP LANDS GRANTED BY THE CROWN. 
 
 . fbe Commissioner of Crown Lands shall, in the 
 '\( February in every year, transmit to the treasurer 
 county a list of all the land within the county 
 
 L ted located as free grants, sold or agreed to be sold by 
 Crown, or leased, or appointed to any person, or in 
 of which a license of occupation issued during the 
 :edin° year, (n) K S. O. 1877, c. 180, s. 106. ,See also 
 ,'stat. c 24, s. 36. 
 
 817 
 
 Annual lista 
 of landa 
 granted, etc. 
 to be furn- 
 ished by 
 Commission- 
 er of Crown 
 Land*. 
 
 TKftfountv treasurer shall furnish to the clerk of County trea- 
 
 J^"° •' Burerstofur- 
 
 /n re Qiti'i 0)1(1 'fteTrw 
 
 308. 
 
 proper course is for the™ 
 [ebib the collector with a\ll 
 time as he pays over mol 
 ^' btmself unable to colkj 
 he oath here reqmred.audc' 
 as to close the account, 
 kes it necessary ior every iuj 
 
 the registry office for dee^ 
 -e offi^l of the coun y on 
 
 fi nf ormation as to ^.e hJ 
 ^urns J.,inHo(combv,>ft^ 
 
 rrs"opartoUsohcv.r. 
 
 WerSce over any claimJ 
 
 ,Fv except theCrown;ktel 
 
 *fve attached before he J 
 
 S holds as agamstthel 
 
 [139. 1 
 
 d afterwards neglects to redeem, he cannot as of right recover 
 
 '"tothe full value of the land. McOoUum v. Davis, 8 U. C. 
 
 fff'Q Taxes caunot be said to be due before they arc imposed 
 
 II council. Ford v. Proudfoot, f^ Grant 478 ; Kempt v. Parkyn, 
 
 I T p f P 129 In the case of residents, taxes are not due till 
 
 ito'r has received his roll. Gorbett v. Taylor, 23 U. C. Q. B. 
 
 1 'Id uot until the expiration of fourteen days after demand, per 
 
 L J in Bdl v. McLmn, 18 U. O. C. P. 421 ; and in the case of 
 
 r ndents who have required their names to be entered on the 
 
 I'^t until one month after the collector has returned his roll. 
 
 [Lfferage rate is not an incumbrance on land. Moure v, Ilynes, 
 
 II C Q B. 107. See further In re McGnfchon and Toronto, 22 
 
 I Unpatented laud, sold or agreed to be sold to any person, or 
 
 L as a free grant, so far as the interest of the purchaser or 
 
 is concerned, is made liable to taxation. Sec. 159. For 
 
 Eirposes of assessment, the motive for reciuiring a return to 
 
 aurera of counties of lands located as free grants, sold or 
 
 1 to be sold or leased by the Crown, or in respect of which a 
 
 8 of occupation has issued, is self-evident. Per Draper, C. J., 
 
 !«( V. Kmt, 11 U. C. C. P. 260. When Street v. Kent, was 
 
 the assessment law had not been extended to lands "sold or 
 
 [to be sold." That was done by the statute 27 Vict. c. 19, ss. 
 
 which has been embodied in this section. See Street v. 
 
 , 12 U. C. C. P. 284 ; Street v. Lambton, lb. 294. Under the 
 
 J the schedule of the Surveyor general was the foundation of 
 
 quent proceedings. Doe Upper v. Edwards, 5 U. C. Q. 
 
 jid it was necessary that the land sold for taxes should 
 
 I on the list to have been described as granted or leased. 
 
 iv, OiT, 5 0. S. 433. Land not contained in the list was 
 
 {to be taxable. Peck v. Munro, 4 U. C. C. P. 363, and the list 
 
 shown to be erroneous. Perry v. Powell, 8 U. C. Q. B. 
 
 reef v. Kent, 11 U. C. C. P. 255 ; O'Qrady v. McCaffray, 2 
 
 knd returned in June, 1820, for assessment, was held 
 
 ble for the taxes for the whole of that year. Doe d. Stata v. 
 
 lU. C. Q. B. 658. A sale of land described as granted was 
 
 ■tied to prevail against a subsequent patentee. Charles v. 
 
 , 14 U. G. Q. B. 585 ; Ryckman v. Voltenburg, 6 U. C. C. P. 
 
 him V. Scratch, 8 O. R. 147 ; 12 A. R. 157. 
 
 103 
 
 vii' 
 
 mm 
 
 n^.r 
 
 
 :H.. 
 
 W. 1 
 
 ■ f "i 
 
 11^ 
 
 
818 
 
 nl«b copies 
 oriiitM to 
 clerkN of 
 municipall- 
 
 ilei. 
 
 THE MUNICIPAL MANUAL. 
 
 [»• I3'j, 
 
 each local municipality in the county a cony of fJi 
 lists, so far as regards lands in such municipality and **'J 
 clerk shall furnish the assessors respectively with 
 ment shewing what lands in the said annual list ar" M* 
 to assessment within such assessor's asaeasment AU^' ! 
 R. S. O. 1877, c. 180, s. 107. . '*"''' i") 
 
 ARREARS OP TAXES. 
 
 Duties of Treasurers, Clerks, and Assessors in r,ln, 
 
 thereto. 
 
 ion 
 
 mi 
 
 mndVfhree , ^^^' '^^'l treasurer of every county shall furnish to 
 years in clerk of each municipality, except cities and towns in tl 
 ?axZo'be county, and the treasurer of every city and town sh; 
 furnisiied to furnish to the clerk of his municipalitv a li«f «* n 
 lands in his municipality, in respect of which any taxes hai 
 been in arrear for the three years next preceding the 1st 
 of January in any year ; (p) and the said list shall be so 
 nished on or before the 1st day of February in every year 
 and shall be headed in the words folio wint^ : ^'List oflw 
 liable to be sold for arrears of taxes in the year 18 
 
 
 lities in the month of Febniary preceding the] 
 'a,jgart, 22 U. 0. 0, P. 284, 289, Hagarty, (1 
 
 (o) The county treasurer is made the medium of coramunicai 
 between the Government and the otficera of the local municipilij 
 The officers for whom the information is really designed ml 
 will make the necessary use of it, are the local assessors.' ' 
 
 (/j) "In respect of which any taxes shall have been inarres 
 &o. See note/ to sec. 160. 
 
 iq) " On or before the first day of Febrtiar)/." It is by sec. 
 declared that the treasurer shall not sell any lands which Iwvei 
 been included in the lists furnished by him to the clerks 
 several municipalities in ' 
 In Sleioart v. T 
 
 said : " Even if we found is clearly proved (which it is not) that 
 list was not furnished until after the 1st of February, we si 
 hold that its being furnished any time durbvj February mi 
 sufficient under these two sections," sees. 150, 163. 
 
 (r) This section gives the heading that is to be on the list. 
 not state in terms that the amount oftaxen in a;T«»- should bej 
 on the list. Per Hagarty, C. J., in Stewart v. Tmjgart, 22 U. 
 •489. Land described as " 9 con. S. or E. | 1 1, N. w W. i II 
 held to be a sufficient description of land liable to be sold fori 
 of taxes on the list. lb. Per Hagarty, C. J. : " I see no obf 
 to calling it North or West half. The land probably lies Xorl 
 or 8outh-east, and nothing was shown that the description! 
 not sufficiently identify it." See also, Beckett v. Mm 
 U. C. C. p. 301. 
 
 piere t 
 Idyth 
 llai 
 
 I Stem 
 Nfied tl 
 id V 
 iciu 
 
 W Ofljyl 
 
8l^ 
 
 shall have been in arrea 
 
 lil] LIST OF LANDS IX ARREab FOR TAXES. 
 
 Mdjortliepurposesof this Act, the taxes fo,.fl. « 
 hf the three which have expired under f h« ^. • • '^* y^^'^ 
 
 \M,on any land to be sold for taxes sLnT''?"' °^ *^"'' 
 ^,e been due for three years, although tl 1 « '"^'^ ^'^ 
 
 iave been placed upon a collector's roll nnf ; '""-J" ""^^ 
 
 flie 7ear later than the month of Januarv ^?T T""^^' ^» 
 Ig;/, 0.180,8.108. ♦January, (a) B. y. q_ 
 
 141. The clerk of the municipality is herfihv „ . , 
 
 !6p the said list, so furnished by tho f».^ "^ required to Local derkt 
 
 ^office, s-bject to the inspection of any P^A '" ^^f'. ^"^ '^'''ttr 
 iee the same, and he shall also delivfii- f J!l ^®q"iring "fflces open 
 .so,, of the municipality, in each year a.! ^""''''''' ^^^^-^Te 
 
 ,or or assessors are appointed, a copy of s„ch7s" • T/^ 
 ,„dll be the duty of the assessor or aR««cc^ ^" ^»st, (^t) and notify occu. 
 
 my of the lots or parcels of land contaT ^^ •*" '^^^^''tain '"*"*«• «"-•• 
 occupied, or are incorrectly doscribfirl a i!?*! ^" ^"^^ ^^st 
 opantsand also the owners thereof if i? *°"°^%sucJi 
 fcient within the municipality or not unn ^^^"^ ^hetJier 
 ksment notices, that the land is i;«jj ! f ^^^Pective 
 ';noftaxes,andenterinacolumn<'tnj! ^ '''^^ ^«»- 
 .) the words " ^c.,.W «n.^ ^^S^.fej "' ^•: *^« 
 ^</,"as the case may be : (w) and ..11 ^,' °'' ^^^^ 
 ,.ed by the assessor or assessors and Zt T '^«" ^f?- ^ ^ 
 . with the as.sessment roll, together wif i '^^^"^ "^d to the '''"•">''«• 
 lyen-or discovered therein, (v) and ^h« .^, "^f"^0'-«ndum 
 me in his office for publi^ use / ^«^ '^j''^ ^^^" ^Je 
 
 i_____^M^^Vand every sucl, 
 
 ■See note (7 to sec. 1 60. WhereThTTT — 
 
 I the clerk of the municipalVwlth alst' f ',^ "/«'«^*«d to 
 Irtaxes, and no such list or copy thereof wl V?."^« ^'^^e to 
 fr, as provulec by section I4i '"f""^ was delivered fn +u 
 kmor$l,m was so d for $5 sTtl ''^ i^^^^" thereof *a St 
 
 t?' t ^'^'.^ f '^i the three fdlowin; sL??^' ^ substantial 
 K'o the right to sell non-resident lS°"/' '' ^ '-'oudition 
 |r,J.,mi>«^m7/v.6-'oe, 110. II2S '^"'^ ^°^' taxes. 'P*" 
 e note 4 sajom. , ' 
 
 Fhere though the owner was L- 
 
 fby this section it was hpid tiHw^" ^® ^«s not notiHp,] o 
 
 Mtertv. T„jj„„ 22t7.c c p _, ■ ■ 
 
 r *• "»•- •" »™»-«y P«s.ei°%j«,„ >'-s 
 
 h* .. a. cw to me i„ hi, „ffl„/:7°: ^.^'- 
 
 ^'^ t"« original list, 
 
820 
 
 m 
 
 in 
 
 h 
 
 mir' 
 
 
 
 THE MUNICIPAL MANUAL. 
 
 f".l 
 
 list, or copy thereof, shall be received in anvP 
 evidence in any case arising concerning the n "''^ 
 such lands, (a;) R. S. O. 1877, c. 180, s. m^^ 
 204. ''■ «*«' 
 
 AaMHor'M 
 Mrtlflcatn. 
 
 142. The assessors shall attach to each sucl 1 
 oertiticatc signed by thera, and veritied bvonUi n, a! ' 
 {z) in the form following :-(a) ^ ''"'*'""«ti 
 
 " I do certify that I have examined all the lots in this I' 
 find that I have entered the names of all occupants th •.'"*' i 
 tw the names of the owners thereof, when known • aniTlI'''*'! 
 ontriea relative to each lot are true and corref•^ in *i! ,*'»lJ 
 knowledge and belief. " ^' **" ^^' ^"-^^^ 
 
 K. S. 0.1877,0. 180, «. Hi 
 LocnicLiikx 143 — (1) The clerk of each municipality shall 
 uiijiwhich tl»« assessment roll when returned by tlie assess^*" 
 h»vf become ascertain whether any lot embraced in thp ««;,! V ' ] 
 received bv nim Irom the treasurer pursuiint to sett' i 
 
 oocupi(>U. 
 
 is entered upon the roll of the year aa then 
 
 occupied, ( 
 
 incorrectly described; and shall forthwith furnish to th J 
 ^ treasurer a list of the several parcels of land which 
 on the resident roll as having become occupied or I 
 have been returned by the assessor as incorrectly ciescrikl 
 :<etiirn of (2) Excopt in the cases provided for by Kections 5'> 
 KaK" on or before the 1st day of July in the then current 
 treajiurer. the county treasurer shall retui-n to the clerk of each i 
 municipality other than a city or town, and every ciJ 
 town treasurer shall return to the clerk of the city or t 
 an account of all arrears of taxes due in respect ofi 
 occupied lands, including the per-centage chargeable i 
 section 167 of this Act. (b) 
 
 " subject to the inspection of any person requiring to seethes 
 see note v to this section, but to file the signed copies retui 
 liim by the assessors ' ' for public, use. " 
 
 (x) The list or copy thereof shall be received in evidence, j 
 provision is not for the admission of a certified copy in evida 
 itn production, as In sec. 131. 
 
 iy) Such lint. See note r to sec. 140. 
 
 (2) The oath or affirmation may, it is presumed, be made^ 
 the head or other members of the council. See note »i to > 
 of the Municipal Act. 
 
 (a) Sec note ^jjto sec. 330 of the Municipal Act. 
 
 (b) The list furnished by the local clerk, under the pre( 
 
MANUAL. 
 
 S. O. 1877, c. 180, H.liJ 
 
 m 
 
 IKSUFFICIENT DIbTRESS ON OCCUPIED LAND8. 
 
 821 
 
 L> TuMerk of each municipality shall, in making out the ci"k to in- 
 
 ,J llieCiCl'^ " • ^ . .1 KtTt such 
 
 r '^ roll of the year, atld such arrtMira of taxes to the umount oo 
 r^essed agiiinst such occupied lands for the current Jron*"^'* 
 
 'id such iiireurs shall be collected in the same manner 
 !• i (;q the same conditions as all (»ther taxes entered 
 
 ^tl collector's roll, (c) R. S. O. 1877, c. 180, s. 111. 
 
 Lii rfflipieis not sufficient distress upon any of the «•'<>" »>o™ 
 
 I ied landH, ii» the preceding section named, to satisfy the entdUtreM 
 Riuount of the taxes charged against the same, as well ;'°,^«'' 
 Ithe arream as for the taxes of the current yeai-, the col- 
 
 \ shall so return it in his roll to the treasurer of the 
 LciPiility, showing the amount collected, if any, and th(j 
 
 II leiuaiiiinL' unpaid, and stating the reason why pay- 
 ifluisnotbeen made, (d) R. S. O. 1877, c. 180, s. 112. 
 
 Us section, to tho county treasurer, is to enahio the latter to 
 rt the ai'i'fa''" '"itl per ceutago <lue in respect of non-resident 
 hince hecoine oecui)ie(l, with a view to the collection of tuxes 
 distresa avA sale of goods and chattels of the occupant. 
 
 ion uy I 
 
 I The arrears may be collected \n tho xame. manner, and Huhjerf 
 
 l«(imi'iWirf(Vio«'', as all othr taxes upon the collector's roll, Jt 
 
 ivideJ by sec, 1*24, that tlio collector may, after demand, levy 
 
 Ilea with costs by distress of tho goods and ciiattels of tho pei- 
 
 Cho ought to pay tho same, or of any goods or chattels in his 
 
 nion wherever the same may be found within the county, &c. ; 
 
 •see. l'.'()i ia tlio case of noa residents wiio have required their 
 
 I to be entered on the roll the collector may nuike distrens 
 
 anil chattels which he may find on the land. There is 
 
 kbt therefore, that goods and eliattels on tho land, as in the 
 
 i nonresident lauds, would be liai)le. But the difficulty of 
 
 liiiiic the operation of tlie section to goods and chattels on the 
 
 1 in the case of non-residents, is, that that is only one kind of 
 
 hd the Act says the taxes shall be collected in the same manner 
 
 &k(t to the same conditions as aU other taxes entered upon the 
 
 Jow, upon tlie roll are tho proper taxes of the party charged, 
 
 under sec. 124, may be levied of any goods and chattels in hi.s 
 
 (on, vlii'.rei'cr the, mme matf he. found in (he romitn. The Court 
 
 len's Bench, however, have placed upon similar words in tho 
 
 i27\'ict. c. 19, from which this section is taken, the narrow 
 
 pction of restricting tiie remedy to goods and chattels on tho 
 
 ilieinj; more consistent with reason than tho broader con 
 
 bn, which would work great hardships and do great injustici! 
 
 Tidual cases, see Wariie. v. Coulter, 25 U. C. Q. B. 177 ; and 
 
 istruction is apparently sanctioned by the Legislature in tho 
 
 section, which provides what the collector shall do "if 
 
 all not be sufficient distress upon any of the occupied lands 
 
 [preceding section named," &c. 
 
 ^lie effect of sees, 141 to 144 seems to be, that the fact of the 
 iibg in arrear and liable to be sold shall be communicated 
 
jT.:^ 
 
 v.; ;!tf'fn 
 
 EM'. 
 
 ifil-i 
 
 
 m 
 
 ilk:,"-: n'X' 
 
 e22 
 
 fltatvniunt <>( 
 •rroari to b« 
 ratuniml by 
 loeitl TroK- 
 ■ur«r, and 
 vrliOD. 
 
 THE MUNICIPAL MANUAL 
 
 [••U5.I 
 
 146— (1) The trmHurer of every towiiMliin 
 Hhall, within fouiteon duyH afier the timo ai)i)oi,r',' ^'' 
 return and tinul ..t-tthtnieut of the collector ' ■ '"^"^ 
 
 )efor« the 8th day of April in every year (i\J' \'' 
 loimty trcaHurer with a statement of all uiimi i """^*' 
 
 conn 
 
 ».w.....,j, v....o«... ...v.. .. av.*v,7iii,;in, ui ail unpaid t» 
 
 school rates directed in the said collector's roll \ 
 
 trustees to be collected. 
 
 by 
 
 iMj 
 
 Liability of 
 lands to sale 
 if arrears arcj 
 not paid, and 
 whan. 
 
 (2) Such returns shall contain a description of tl 
 parcels oi land, a statement of unpaid unears of t !^ • 
 and of arrears of taxes paid, on lands of uon-rosilll*!' '^' 
 l)ave hecofne occupied, as required hy section I4| „f'|| 
 and generally such other information as the coun'tv t 
 may require and demand in order to enable him to ' 
 the just tax chargeable upon any land in the municii'd! 
 that year ; and the county treasurer shall riot be b ^^ 
 receive any such statement after the 8th dav nf T""^ 
 each year. K. S. O. 1877, c. 180, s. 113. ^ ' 
 
 146. In case it is found by the statement directed I 
 last preceding section to be nmde to the county ti . 
 that the arrears of taxes ujion the occupied lands of '*^* 
 dents, directed by section 143, of this Actto bepJaceJI 
 collector's roll, or any part thereof, remain in arrearj 
 land shall be liable to be sold for such arreai-s and ali 
 included in the nrxt or ensuing list of lands to be sold I 
 county treasurer, under the provisions of section 160 
 Act, notwithstanding that the same may be occupied 
 year -when such sale takes place ; and such arrears g|ii 
 again be placed upon the collector's roll for collectin 
 K. S. O. 1877, c. 180, s. 1 ' 
 
 by the county treasurer to the township clerk, who shaul 
 copy of the hat to the assessors, wlio shall ascertain if an/ 
 lots named are occupied, and notify the occupants and oJ 
 known, that tlie land is liable to be sold for arrears of tai 
 enter in a column, "Occupied, and parties notified," or "^'^ 
 pied." The clerk is then to ascertam if any lot in the list isl 
 as occupied. He shall notify the treasurer thereof, andtiii 
 by the first of July, shall return to the clerk an account of alf 
 of taxes due in respect of such occupied lands, and theclq 
 then put the amounts in the collector's roll for the year, 
 lected, &c. Per Hagarty, C. J., in Skwarlv. Tmmri.k 
 P. 284, 290. 
 
 (e) See as to computation of time, note 6 to sec. 18i 
 Municipal Act. » 
 
 (/) See note /to sec. 160. 
 
 (g) The ordinary way of realizing taxes on non-residei 
 
NtAL 
 
 [••Us.l 
 
 iH'' 
 
 PKNAU'IKS ON CLKIIKN AND A8HKS80K8. 
 
 823 
 
 y towiwhip and vii] 
 ) time uppointed lor ' 
 colloctor'H roll, [e) 
 'cry year, (/) t\\iiuHli| 
 of all uupaiil taxen 
 lecU)r'8 roll or \)y 
 
 I (loHcription of the lot( 
 iiid arrcsu'Hof taxes, if j 
 mis of non-rt'8i(leulH 
 hy Hection l4l,of tliinj 
 Lion aH tiie county troa 
 • to ennble him to ascei 
 laiu\ in the niunicipalit 
 irer slmll not be houB 
 the 8th day of Api 
 iO, 8. 113. 
 
 he Btatenu'nt directed 1 
 le to the co\uily trea 
 ihe occupied lands of non 
 of this Act to be placed ( 
 •eof, remain in arrear,| 
 ^r Hueh arreai-s, and sli 
 list of lands to be soldi 
 jvisions of section 160, i 
 same may be occupied 
 
 and such arrears shal 
 ;ctor's veil for colledia 
 
 township clerk, who M\\ 
 [who shall ascertain li anjj 
 Itif y the occupants and o^ 
 \ bo sold for arrtarB of bl 
 td parties notified ," or "Nl 
 [tainifanylotinthehstisl 
 
 I treasurer thereof, and thi 
 [„ the clerk an account of al 
 
 tccupied lands, andthecW 
 
 fetor's roll for the yeM 
 
 iu Stewart V. T(wji|ar(,221 
 
 time, note h to sec. 1» 
 
 ,17 If the clerk of any niunicii.ality neglects to prpserve P;n»-ty ;^n 
 1 list of lands in arnmi-H for tuxes, fiiiniHhed to him AxMtMr* 
 
 Xt>«"'"'"''''' '" P"''^"""y« "^ «''«tion 140, or to furnish ;j;,«|;,"'^Xr 
 t „xu'\\ lists. 'i« nuiuiiiHl, to the asHessor or ahseHHora, precudiog 
 1> is to retain to the treasurer a correct list 01 the 
 '1 whii'li !<»ve come to bo oocni»ietl, na required by 
 14.1 of this Act, and a statement of the balances 
 ylrcmaiii unc()ll('ci."d on any such lots, as recjuirwl by 
 1 11 144 of tlii« Act ; (h) or if any asse.s.sor or assessors 
 I ttoexuiiiiue such lands as are entered on each such 
 ' I „i„l{e returns in manner hereinbefore directed, (i) 
 .,, (fleer iiiukii'n "'"-''' •'*'^'i"'*^' «h/ill, on summary convic- 
 thereof before any two Justices of the Peace having 
 silictiou in the county in which such municipality is 
 iirtl be liable to the penalties imposed by sections 225, 
 and 227 of this Act ; all tines so im|)osed shall be 
 pmble by distress and sale of any got)ds and chattels of iiow to be 
 ,,rty making default, (j) II. S. O. 1877, c. 180, s. 115. »""«>• 
 
 A3-(l) After the collector'a roll has been returned to After return 
 treasurer of n township or villnge, aiid befoie such ^^ J^ceive" 
 
 treasurer 
 
 e the owners are not rated at their own reijuest, is by sale of 
 jnd!. Pff l^iohards, .1., in ticrliu v. Qrawje, 5 U. C. C. P. 211. 
 Laiilof this remedy, provision is made in the 144th and subse- 
 Itiectiona, for distress of goods and chattels on the lands, when 
 wuent to tlie accruing of the arrears they become occupied. If 
 ktterfail, the only course left for the county treasurer is to fall 
 jupon the principal and ordinary remedy, and that is all that 
 Vction directs. 
 
 I The duty to preserve the list and furnish copies to the assessors 
 uedby sec. 141. 
 
 I The duty of tiie assessors to examine the lands and to make a 
 ithereof is also imposed by sec. 141. See further, noto d to 
 
 The fine under sec. 225 is a sum not exceeding $100, and the 
 Lent under bee. 227 a fine not exceeding $200, and imprison- 
 fDtdthe fine is paid, or imprisonment for a term not exceeding 
 nths, or both fine and imprisonment in the discretion of the 
 I and under this section, though not according to the sections 
 ned, the fines and penalties may be imposed on conviction 
 , ,y two justices having jurisdiction in the county in which 
 pipality is situate. This section "imposing penalties upon 
 Bg clerks and assessors who fail to carry out the statutory 
 US regarding the list of lands liable, aff'>rds suggestive evi- 
 hat this is the remedy intended by the legislature, and not 
 kdingnf the tax sale and deed, at all events after two years." 
 . Mland Railway, 4 O. 11. 494, 500. i 
 
 to receive 
 
 UXM. 
 
 lizing taxes on non 
 
 .resldei 
 
824 
 
 THE MUNICIPAL MANUAL. 
 
 ■\W 
 
 
 Mm 
 
 After state- 
 ment under 
 nee. 145, col- 
 lection of 
 arrears to 
 belong to 
 County 
 Treasurer 
 only. 
 
 reaidcnts 
 lanil!» 
 
 treasurer has furnished the statement to the countv 
 mentioned in section 145, arrears of taxes may L'^^^" 
 such local treasurer ; but after the said statement 1 
 referred to tiie county treasurer, no more monev o *^^ 
 of the arrears then due shall be received by any ^ffi'^'^'^ 
 the municipality to which the roll relates, (k) ^"^'^^f\ 
 
 (2) The collection of the arrears shall thenceforth 1 I 
 to the treasurer of the county alone, (I) and he shall 
 payment of such arrears, and of all taxes on lands f^''^ 
 residents, and he shall give a receipt therefor snecif " 
 amount paid, for what period, the description of the " 
 parcel of land, and the date of payment in accordance 
 the provisions of section 205 of this Act (m) R 
 1877, c. 180, s. 116. ' ^ ' ^■ 
 
 t7e""m1rre- ^^^ ^^""^ ^^'^''^ municipality may, by ])y-huv. remit 9 
 mit taxes in the whole or in {^art, any taxes now due or to become 
 Snt"""" "P«" the lands of non-residents within such niunicin 
 •— '- specifying the i)articular lands upon which the lomissifl 
 
 made ; (n) and, u{)on the passing of such by-liiw, it s| 
 
 (k) The colUjction thenceforth belongs to the treasurer oi 
 county alone, subs. 2, ami any distress or other rnoceediiif- , 
 part of the local municipality for the recovery of the taxes unl 
 cases coming under sees. 141 and 143, would be illegal Ilnlii 
 Shaw, 22 U. C. Q. IJ. 92 ; Smith v. Shaw, 8 U. ifl. j. oj 
 would seem that the roll should not oidy be returneil by tliecii 
 to the clerk of the local municipality, but that the Litter! 
 return it to the county treasurer. See see. 152. 
 
 (I) After the return of the collector's roll, the duty of colla 
 cast upon tlie treasurer of the county, and upon him w 
 council of the county has no control over bim so far as this j 
 concerned. iSee note d to sec. 1 19. In cases of non-residei^ 
 subsequently becoming occupied, he may make use of the ofl 
 the local municipality in order, if possible, to make the aui, 
 the taxes by distress of goods and cliattels on the land Si 
 141 and 143, and notes thereto. 
 
 ( m) It having been declared that the collection of tiiearreJ 
 after the return of the collector's roll, belong to tlie treasiirj 
 county alone, he and he alone is the proper person tn recej 
 ment of arrears on lands of non-residents. 
 
 (re) The rule is, that after the return of ♦•he collector's roll 
 lectiou of arrears of taxes appertains to the treasurer of th 
 alone. This being so, unless there were some provision maj 
 contrary, neither the council of the county nor the coiniq 
 local municipality could legally, interfere with theproperpea 
 of that duty. But as the taxes when collected become aiij 
 property of the local municipality, it has been deemed rij 
 
^.NUAL. [a. U8 (1 
 
 nt to tlie county tveasu. 
 of taxes may be paid] 
 said statement ba 
 lo move money on acca 
 received by any officer] 
 relates, {k) 
 
 s shall thenceforth bek 
 ne, {I) and he sliall vec 
 all taxes ou lands o{ 
 eipt therefor speuifyingj 
 le description of the W 
 :)aymeiit in accortlaiice 
 of this Act. (m) R, i 
 
 may, hyhy-law. remit, < 
 :es now due or to becom^ 
 ts within sucli uiuiucip 
 upon which the remiisid 
 ing of such by-l;i\v, it slm 
 
 PART PAYMENT OP TAXES. 
 
 825 
 
 belongs to the treasurer 
 
 istresa'or other proceeding i 
 
 ;\ie recovery of the taxes unl 
 
 143. would be lUe.^ftl IhM 
 
 V. Sto 8 U. C L I iS 
 
 ,t only be returneaby tkcd 
 
 ,ality, but that thsUtterl 
 
 See sec. 152. 
 •tor's roll, the ilnty of colb 
 louuty, and in«m W'^ «/» 
 •ol over bira so far as th s i 
 9 In cases of non-resuleri 
 he may make use of the oil 
 { possible, to make the ^^ 
 d chattels on the hm.l ^ 
 
 rxt the collection of the arrej 
 
 the proper person to reed 
 Iresiilcuts. 
 
 1 return of the collector's roU 
 Ifiins to the treasurer of th 
 ter" were some promonm^ 
 Vthe county «or the cound 
 interfere with theproperM 
 when collected become an| 
 Ly it has been deemed nghl 
 
 1 150.] 
 
 I tp of the clerk forthwith to transmit a copy of the 
 
 "V to the treasurer or other officer having the collection 
 
 1 arrears (o) who shall then collect only so much of 
 
 Jies as are not remitted. R. S. 0. 1877, c. 180, s. 117. 
 
 115(1 The treasurer shall not receive any part of the tax The whole 
 5 against any parcel of land unless the whole of the~^^^ 
 '" ti,aii (hm is Daid, or satisfactorv proof is produced of once, uniesi 
 
 arstlieu "»'' ^ I > - r 1 the land is 
 
 previous payment, or erroneous charge of any portion subdivided. 
 f' but if satisfactory proof is adduced to him that any 
 1 of land on which taxes are due has been sub-divided, 
 
 ' „ receive the projjortionate amount of tax chargeable 
 < ' ^f the sul»-di visions, and leave the other sub-divi- 
 cliaveable with the remainder ; (p) and the treasurer 
 in Ills books, divi<le any piece or parcel of land which 
 
 been returned to him in arrear for taxes, into as many 
 
 s as the necessities of the case may require, [q) R. S. 6. 
 
 U.180, s. 118. 
 
 STii^he local municipality shall have power, in some cases, to 
 Kttaxes in whole or in part, due on the land of non-residents. 
 ^5o\ver'c;in only be exercised by by-law. When so exercised, a 
 finte of tlie fact must be sent to the county treasurer for hi.s 
 nr The duty, of course, iomaius to collect the balance not , 
 
 Itted. 
 
 I \3tl1e cnllection of the taxes after the return of the roll apper- 
 Itothe treasurer a^o)je it is not easy to understand the "other 
 thavin'' tlie collection of arrears," to whom reference in here 
 It may be intended to refer to the collector before the return 
 Iroll. But tlie first part of the section deals only with the case 
 Iretuni of the roll. This part, instead of being merely, as it 
 [an exception to the first part of the section, may be read as an 
 Lieut section, covering ground not covered by the first part 
 Isection. 
 
 iThe proof hi each case is to be such as to satisfy the treasurer ; 
 
 ! satisfactory to him. It is presumed that reasonable proof 
 
 J deemed satisfactory It is not supposed that any public 
 
 IwiU act otherwise than reasonably in the discharge of any 
 
 istupou him by virtue of his office. If the proof olFered be a 
 
 lurportim; to l)e a receipt of a collector, school trustee or other 
 
 Motiieer, tlie treasurer is not to accept such proof until he 
 
 kived areprt upon the same from the clerk of the municipality 
 
 led. certifying the correctness thereof. Sec. 156. See Hall v. 
 
 Bnwi, 12(». R. 598. 
 
 lie receipt of a proportion of taxes because of a sub-division, 
 ispect of a sub-divided part, obliges the treasurer to charge 
 (lining sub-ilivitled parts with the remainder of the amount 
 land, if convenient or necessary for that purpose, to divide 
 lies of the parcel of laud iu his books, and he is hor& 
 
 1104 
 
826 
 
 THK MUNICIPAL MANUAL. 
 
 map- 
 
 
 
 T«LTert 151. The treasurer shall, on demand, give to 
 gire a writ- oi any land charged with arrears of taxes a 
 
 [»• 151 
 
 the 
 
 own 
 
 ten state 
 ment of 
 arrears. 
 
 ment of the arrears at that date, and he may cl *"^ ^^** 
 cents for the search of each separate lot or parcel ^f '^^"^ 
 ing four, and for every additional ten lots, a furthe^^ 
 twenty cents ; but the treasurer shall not make ^' * 
 for search to any person who forthwith* pavs tlm + ^ 
 R. S. 0. 1877, c. 180, s. 119. ^ ^ ^'''''^'' 
 
 Lands on 
 
 152. 
 
 The treasurer of every county shall keep a 
 
 fn 
 
 un JaW tole book for each township and village, in which hesha? 
 entered ill all the lands in the municipality on which if u»,„ 
 
 oertttin boolis , j x i • u iU i i '*'PPeais 
 
 by treasurer, the retums made to lum by the clerk and from the II 
 tor's roll returned to him, that there are any taxes 
 and the amounts so due ; and he shall, on the 1st /li 
 May in every year, complete and balance his books bv^d 
 ing against every parcel of land, the arrears, if any d | 
 the last settlement, and the taxes of the preceding vm 
 remain unpaid, and he shall ascertain and enter^ther ' \ 
 total amount of arrears, if any, chargeable upon thp 1 
 that date, (s) R. S. O. 1877, c. 180, s. 120. 
 
 that under the 113th section (same as this section) of theiissj 
 Act when satisfactory proof is adduced to the treasurer that acl 
 lot has been sub-divided, that officer must adjudge the ouesi 
 sub-division, and, finding the fact establisned, he has the 
 receive the proportionate sum of the taxes due on the v 
 discharge of the particular sub-division so ascertained, W 
 has in good faith determined that the lot has beeu sub-diviA 
 then received the due proportion of the taxes, the sub-divisii 
 much discharged from the incumbrance as if the taxes on tin 
 lot had been paid." See further, Brooke v. Campbell 12Grai 
 Steicart v. Tagyart, 22 U. C. C. P. 284. The section'has bei 
 to apply to the receipt of a proportionate part of the redi 
 money after a sale of the whole lot for taxes. See notes to 
 
 (r) The treasurer is not bound to submit to the demand j 
 person, whether interested or not, requiring a statement of art 
 taxes on any particular parcel or parcels of land. But it is 1 
 to submit to the demand of the owner (or his agent, whicil 
 same thing), and to give him a written statement of the atj 
 date, provided his fees for search (there being nofeeforcertij 
 statement) be paid or tendered, or provided the person mail 
 demand be authorized to do so and for thivith pay the taxes, | 
 
 (a) The books, when correctly kept, are evidence of ^ 
 being in arrear, en ejectment brought for the recovery of thij 
 a vendee on a sale for taxes. See Hall v. Hill, 22 U. C. "' 
 
 p. 
 
 \m 
 
 |tiie< 
 ftJiei 
 yiia 
 [of ti 
 Iparec 
 iiie Cl 
 pprec 
 
 illK 
 
 \ire th 
 llm 
 \to vaJ 
 1 in w 
 t shall 
 
 V obj^ 
 oiave 
 
 m 
 
 adfJ 
 ^e JOtJ 
 
a. 
 
 LANDS OMITT£D FROM ASSESSMENT. 
 
 827 
 
 i, give to the own 
 axes, a written stati 
 ue may cliarge twent) 
 t or parcel not exce« 
 lots, a further tee ( 
 not make any cha 
 ib'pays the taxes, 
 
 [.y shall keep a sepan 
 in which he shall en^ 
 -which it appears ir 
 •k and from the coll 
 •re are any taxes unp 
 ihall, on the 1st day 
 alance his hooks hy en 
 tie arrears, if any, dul 
 £ the preceding year w| 
 ain and enter thereby 
 largeable upon the Ian 
 80, s. 120. 
 
 •er and Paxto?i, 22 U. C. 
 I Q B. 448, 451, Draper, 
 ,uvt said: "Itapveara 
 tbis section) of tUeAssi . 
 >d to ihe treasurer that aDi 
 must adjudge the quest' 
 stablisned, he has the r 
 he taxes due on the ^- 
 isiou so ascertauied \\ 
 le lot has been sub-. livid, 
 the taxes, the 8u\)-dm8i( 
 .nceasifthetaxesout^ 
 
 ml The section has bei 
 Sonate part of the red, 
 lor taxes. See notes to i 
 
 k submit to the demand] 
 ecluiringastatemento 
 
 Welsofland. But it is 1 
 
 K (or his agent, j^j 
 
 Hen statement otttie an 
 
 heTe being nofeeforcert 
 
 Kvided the person mali 
 
 kept, are evidence oi I 
 ^^r the recovery otH 
 
 tt<i Tf two or more local municipalities, having been Municip»ii- 
 
 IDO' . . 1 iv 1 T •, 1 ties united 
 
 J forinunicipal purposes, are atterwards disunited, orandaft«r- 
 niunicipality or part of a municipality is afterwards ;;'*l2;,^jje, 
 I ,, 1 jjg or detached from any county, or to or from any 
 , municipality, the treasurer shall make corresponding 
 Lit rations in his books, so that arrears due on account of 
 narcel or lot of Ian;', at the date of the alteration, shall 
 ^^06(1 to the credit of the municipality within which the 
 i after such alteration, is situate, R S, O. 1877, c, 180, 
 \\kpart. 
 
 1-4 If at the yearly settlement to be made on the 1st 
 Ld May it api)ears to the treasurer that any land liable 
 
 [assessment has not been assessed, he shall report the same 
 
 Ithe clerk of the municipality; thereup i, or if it comes 
 
 Itlie knowledge o£ the clerk in any other manner that such 
 
 L lias not been assessed, the clerk shall, under the direct- 
 
 [of the council, enter such land on the collector's roll next 
 
 Ured by liini thereafter, or on the roll of non-residents, 
 
 Itbe case may be, as well for the arrears omitted of the 
 
 r preceding only, if any, as for the tax of the current 
 
 and the valuation of such land so entered shall be the 
 
 £6 valuation of the three previous years, if assessed for 
 
 1 three years, but if not so assessed, the clerk shall 
 
 tire th3 assessor or assessors for the current year to value 
 
 llands ■ and it shall be the duty of the assessor or asses- 
 
 [to value such lands when required, and certify the valu- 
 
 1 in writing to the clerk ; (t) and the owners of such 
 
 ! shall have the right to appeal to the council at its next 
 
 ne subsequent meeting after the taxes thereon have 
 
 [demanded, but within fourteen days after such demand 
 
 1 demand shall be made before the 1 0th day of Novem- 
 
 land the council shall hear and deterrfiine such appeal 
 
 ne day not later than the 1st day of December, (w) 
 
 |0.1877, c. 180, s, 121. 
 
 lie object of this section is to make subject to taxes land that 
 D have been, but which, from some cause, was not assessed. 
 
 «duie provided for the purpose is the best, under the cir- 
 liceB, that could be devised, to meet the exigencies of such a 
 
 k treasurer may at any time correct clerical errors. See 
 
 [will be observed the appeal is given direct to the council. 
 i»nd for payment of taxes must be made by the collector 
 be 10th of November, and the appeal must be made within 
 
 Proceedings 
 
 where uny 
 
 land is found 
 
 not to have 
 
 beenumuxd 
 
 in any year. 
 
 ilow land to 
 be yaluod. 
 
 Appeal from 
 valuation. 
 
 ;(ir|l!^Bi!iy 
 
lllWl 
 
 828 
 
 Treasurer to 
 correct 
 
 THE MUNICIPAL MANUAL. 
 
 [s. loj 
 
 165. The country treasurer may correct aiiv ol^,.; i 
 
 errod 
 
 be certified to 
 S. O. 1877, c. 
 
 As to pre- 
 tended re- 
 ceipts, etc. 
 
 errors. which he liimself discovers, from time to time m i • i ' 
 ^ - '■" - him by the clerk of any mnmclZhyf?'- 
 180, 8. 122. ' '"y- i') 
 
 156- If any person produces to the treasurer as ■' 
 of payment of any tax, any paper purporting to bo I ■ 
 of a collector, school trustee, or other municipal ffl ^^^^^ 
 shall not be bound to accept the same \intil lie hasi ^^■' I 
 report from the clerk of the municijjality interested "^1^' . " 
 ing the correctness thereof, or until he is otherwise' ^^' « 
 that such tax has been paid, (to) R. S. O. 1877 c iSO^^'^'ii 
 
 Ten percent, 
 to be added 
 to arrears 
 yearly. 
 
 157. If, at the balance to be made on the 1st ciayo<'\| 
 in every year, it appears that there are any arrears due 
 any parcel of land, the treasurer shall add to the '" 
 
 fourteen days after demand, or it cannot be made at all S 
 computation of time, note b to sec. 185 of the Municipal ^1;^ ' 
 
 (?') A ratepayer from 1858 to 1861 inclusive, ocenpictl asal 
 house and land adjoining on lot 24, part of which lot in ig-il 
 been laid out by his lamllord into village lots, and a plan of tl 1 
 divi.sions liled in the registry office. He had been legulariy assaJ 
 and had paid fov the ])remises thus occupied by him but th 
 of lot 24 had, during these four years, been returned as uon-rcsiJ 
 After the treasurer had issued his warrant for .sale to the sh rfl 
 was applied to to correct the alleged mistake i.a the rolls 
 except the part occupied from that returned, but refused tod 1 
 than allow the sherifi'to dedu':t the amount paid by tlieraten 
 A certilicate was presented to the township clerk for sii'uatuiel 
 addressed to the treasurer, with a vie-"./ of notityinw iiim pf 
 errors in the mode of assessment of the lot \o. 24. but rM 
 declined to sign it, alleging that he did not think he would ba 
 tied in doing so. The Court, on the application for a nad 
 refused to Interfere. In re Seeker and Fcixtou, 23 U. (.'. 1 
 Where there are errors in non-resident land assessme;its the tri 
 is not bound by the roll, but can receive evidence and oorreJ 
 therein. Under the circumstances appearing in this case it id 
 that, on " satisfactory pioof " being made of the facts, it \ioiil 
 been the duty of the treasurer to stay the sale at all h.uw 
 if so, it was the duty of .lu; court to interfere. The Act red 
 the possibility of evidence being given to evade or iieutralizef 
 upon tie roll and official books. Jlall v. FarqHhuvmn^\'}(u 
 
 {w) Before the treasurer is to give any credit for taxes, iiej 
 Batished by evidence of the payment. The production off 
 purporting to be a receipt for the taxes is nome evidence of pi 
 But the treasurer must be satistied of the genuineness of tha 
 and of the fact that the taxe.s really were paid. The recej 
 if genuine, is not conclusive evidence of payment, See 
 sec. 150. 
 
JAL. 
 
 1.8. 155 
 
 vrect any clevical m 
 I to time, ovwWdimajj 
 y municipality, (x) 
 
 e treasurer, as evidenfli 
 ivuorting to be a recei|l 
 er municipal officer, * 
 lie until lieh'AK received] 
 pality inteA-ested, cevtij 
 1 lie is otherwise satisfi 
 ,S.O.l>^TT,c.l80,s.ll 
 
 adeontlielstdayof 
 e are any arrears due «^ 
 jr shall add to tlie wli 
 
 1 158.] 
 mount 
 
 .not be made at all. See i 
 85 ot the Municipal Act, 
 inclusive, oceupkclas a lesi 
 
 iiavt of Nvbicli lot, u\ \U,\ 
 Uaaelots, andaplaaoftki 
 He bad been regular ya.,« 
 occupied by lum, but tk^, 
 |I beenreturu«lasuon-nsj 
 Vvuit for sale to t\ie skrf 
 r ^tlke ia tbe rol) J 
 Returned, but refused tool 
 ramouutpaHlbytheratel 
 £^usbip clerk f or munatvue^ 
 
 1 f the lot ^o. 24.1)Utty 
 Lid not think he .ouUb] 
 ■ tie application fo^- a;- 
 
 te^e evidence and corJ 
 h' ,'., Vint' iu tins case It w^ 
 !.:^lSo'the fact.it .«: 
 
 bi^ nv 
 
 the 
 
 stay 
 1) i 
 .•ci\ to ev 
 
 iale 
 
 M all iwzacJ 
 The Act reJ 
 
 |tt'>"^^^^"^;;;aeovneutr.&i 
 
 DISTRESS ON LANDS OP NON-RCSIDENTS. 
 
 then due ten per centum thereon, (x) R. S. 0. 1877, 
 
 I. 124. 
 
 829 
 
 1 ,r credit for taxes, lie| 
 
 ive any «^^f ^,,„^„etio« oil 
 
 .edo thegcnuinene_BSoftl.. 
 
 )aid. 
 
 ivim The recel 
 aWv were P'Uo. A 
 Seuce of payment, i^ee u« 
 
 o wrjiere the county treasurer is satisfied that there when there 
 dtoess upon any land.s of non-residents in arrear for up*!,n'ittndi 
 lltes (y) in ^ township or village municipality, he may ^J,"^"",;,^ 
 u a warrant under his hand and seal to the collector of Tmasurer 
 
 Under sec. 152 the treasurer is required to keep books, in 
 '1\ be shall enter all the lands on which it appears from the 
 r? ^y,u and the collector's rolls there are any taxes unpaid, 
 ^L amount KO due. On the 1st of May in every year, he is to 
 -teand balance his books by entering against every parcel of 
 fthe arrean, if any, at the last settlement, and the taxes of the 
 din" year >^'hich remain unpaid, and he is to ascertain and enter 
 • books the <oto/ awowH* of arrears, if any, chargeable upon the 
 J at that date. By this section, if, at the balance to be made on 
 list of May in evei-y year, it appears that thei'e are any arrears 
 liiDoaany parcel of land, lie is required to add to the whole amount 
 I L ten per centum thereon. In Gillespie v. Hamilton, 12 U. C. 
 '4'" Draper, C.J. , said, p. 429: I think the Legislature have 
 jcTuage very clearly indicating an intention that ten per cent. 
 [u |j° l^^{^\ed every year, calculated on the whole amount which 
 lirrear and due upon the lands at the time the charge is made. 
 , present case the lands were liable to satisfy a given sum on 
 i Mav 1862, which sum included taxes for preceding years and 
 ierceut. added thereto at the preceding 1st of May. To that 
 Iwhich constituted the whole amount due on the lands, the 
 le as I read it, directs that ten per cent, should be added." 
 fvict. c. 57, sec. 3, this section is "declared to apply and to 
 ilwavs applied to the raunicip£.iitie3 of Shuniah and Neebing, 
 jthetowu of Port Arthur." , 
 
 lit is not made the duty of the treasurer to search for a distress 
 
 Ids; but if satisfied there is a distress, he may issue a warrant 
 
 lu order, to render the treasurer liable for not making a 
 
 it would be necessary to aver and prove that he had notice 
 
 l&tress. See Foley v. Moodie, 16 U. C. Q. B. 254. The 
 
 lota collector whose duly it was to search for distress, was 
 
 kt to invalidate a sale subsequently made of the land for 
 
 [that might in whole or in part have been satisfied by such 
 
 Alien V. Fisher, 13 U. C. C. P. 63. The old law was for- 
 
 fehernise, especially if it could be shewn that there was a 
 
 It distress ou the land at the time of the sale. See Doe Bell 
 
 \mn, 3 0, S. 242 ; Doe Upper v. Edwards, 5 U. C. Q. B. 
 
 iJif V. Tully, 10 U. 0. C. P. 432. But proving that there 
 
 fcw pieces of timber on the lot, cut down by trespassers, and 
 
 \m to be prepared for market in a lot, or that persons were 
 
 Jbit of making sugar on the lot, leaving kettles and sap-troughs 
 
 [was held not sufficient evidence of a distress being on the 
 
 linvalidate the sale. See Doe Upper v. Edtvards, 5 U. C. 
 
 Doed. Powell v. Rorison, 2 U. C. Q. B. 201 ; Fraaer v. 
 
 |9U. C. Q. B. 150. The old law was altered by the Btatute 
 
 I * 
 
 
 'I 
 
 • 1^ 
 
 r 
 
830 
 
 THE MUNICIPAL MANUAL. 
 
 [im 
 
 830 
 
 • • lUv (z\ who shall thereby be authorized Wl 
 
 „ay author, such municipaiiiy.v; ,ja ^j,^ chattels found J 
 
 i« -onector j^^y ,1, atno"n due UP^ ^ J^ B^ ^^^ ^^^^.^^^ ^^ ^^^ I 
 
 upon the land, in ^^e^^^^^^^ ^^ g^ctions 124 to 130 inclusiv| 
 provisions, as ar ^^ distresses made by collector, {d 
 
 of this Act, witn reap ,95 \ 
 
 ^ fl n 1877. c. 180, 8. li&. 
 
 c! J., said : "I\*PC'ood^ which with diligence he might h»J 
 neglect to search »o^ »" ^.^ ^are for the address of the 1 
 f oSnd, or to enquire .'^"J/"™^ transmit a statement to hin 
 *"r7„ ' ^ nn his roll, in order xo u ^ff„„i., .- This wi 
 
 13 & 14 Vict. 
 McDondl V. 
 
 --U. c. c. 
 
 J., said : 
 
 gleet to searcu ^"'er" efficient care for the atturess ot the paif 
 xuond, or to enquire .'^«^/Jl\o transmit a statement to him by J 
 as^ssedonhisroll,inorderto ^^^^ effect." This ^as J 
 
 under the 4l8t ^^''^^^''J^roronto v. Fannmg, 17 Grant 51], I 
 approving^ in ^f L {r c! C. P. 284, 288 Hasarty C. J., 
 ^teioart v. Tnggart, li- y • ^^^^ ^^^ assessed and the taxes in 
 "I am of opi"^°^ * ^^v the collector to levy the amount from > 
 unpaid, an omission »y ^e might have found liable thei 
 
 peJty which, by due A^l;^^"^!^^^ Uw! avoid the sale. Itcannot 
 SSt. in the P/X^the validity of the sale is to be depended 
 in my judgment, that ""^^.^^ ^e in a collector in some pre^ 
 the diligence or w*"* .^^^"i^ u C. C. P. 63, it was, however, 
 ;^ear" ^n^Wanv^^^^^^^^^^^ the o>vner known, and M 
 
 that when the lot ^^s oc^ ^ ^y of the assessor to enter the ow 
 tresB thereon it ^f *^„%{ Se known occupant Instead 0, 
 name, and the «*«»« f^«^ ,°ii ^s laud of a non-resident witW 
 hft entereu the lot on *^fj"' ■,,,_:„„ that year no ofticer but the 
 name The result was tJ-t/^^^a^Vould L the only officer .JoL 
 olrer could receive the rates, ^ ^^.^^nt for that year b»j 
 S Sain, and the cour* ^leld the ^^ 1 
 
 avoided the sale. *l»g*"y^„ci8ion on this point, said : ''Thi^ 
 r P 289 referring to the decisioi v ^^^ ^^^ 
 
 Son wl in 1863. «f «^4KS«me^^^^ for 1865, 1866 and 1^ 
 
 n^e is very different. The assessi ^^^ ^^^^ ^^ 
 
 iXnk, regular for reasons bU^^^^^ ^^ ^^^^ Stewart wa« the 
 
 ♦,««9 is alleged to have ''^"' . y and returned as not ci 
 
 Assessed, and was on the - ^^t te-s ,,u ,ithi. t, 
 
 on the absentee hst. T^erew ^^ neglect to search on 
 
 X«v./'^i«ft^»".a«^«7f,"ner The omission of duty did w 
 
 or to notify the absent owner. ^^ *e non-res. ( 
 
 '^«^r f fetlTc^l^^o^onoSof tie hands of thelocaloi 
 
 and thus take the coue ^^ ^.^^^ ^^^^^ ^^ 
 
 Q- ^- ^"^^^ *„ t«w.urer by warrant to levy! 
 
 (a) The power of the c^^^^^They regain as such « J 
 
 to non-resiSent lands, so long as they ^^^^^ ^^ - 
 
 
1 160.] 
 
 SALK OP LANDS FOR TAXES. 
 
 [ thereby be authorized to 
 goods and chattels foimd j 
 aer, and subject to the saiu*, 
 ections 124 to 130 inclusiv^ 
 resses made by coUectoi's. (oj 
 
 831 
 
 I losf, vnyawiiLou lana vested in or held h«- w 
 I which may be hereafter sold, or agreed to h L ^'^^^ty *''•"•" wh«i 
 Iperson, or which may be Jocated n« « * ^^^^> ^^ anv H'°'' "•'• 
 
 ilhl^ to taxation from the date of suoh ?! g''««^ shall hef^TXn 
 nv such land which ha« h«o^ „, ", ^'"®. o*" grant : (h\ »^"abieto 
 
 */>....,..«.. ..v/m uuo uHte or such aii "-mh uy 
 
 J„d any such land which has been already sol^ ^'''''^ ' (^) 
 esold, to any person, or had been loc^tZl ' °/ "^^®^^' *o 
 
 to the Ist day of January, 1863 M K n ?^^ S""^^' 
 ..„ i.-»ui_ i- J. ,. . •^' •'""«', (C) shall Kq k_i 1 . ' 
 
 , Lt-c-v I'o.auii, ur naa Deen located a 7 "S'^cu co 
 Iriortothe 1st day of January. 18fil /.\ f f, *^®^ g''ant, 
 Ve been liable to taxation since the li? f ^ ^'®'^ ^o ' 
 p; and ail snch lands shall be liahl« f * ^^ °* January, 
 Lard under this Act, in the same *^''^*'°» t^enc'e- 
 kber any license of occupation, IocationTicket° l^^';- J*""^' 
 [sale, or receipt for money paid on such , \°®''t»^cate ' 
 
 k been, or is or is not issued and i ' °^ ^**^ 
 
 teeraent for sale by the Crown whetL ^^^^ °^ *'^^^' o^ 
 (has not been, or is or is not madf. * ^""^ Payment has > 
 
 rprtof the purchase money isor 1 ''^°"' ^"'^ whether 
 W;(rf) but such taxation shall not in " °^erdue and • 
 
 \U of Her Majesty in such lands ^.^^''^J^^ ^^^^* *he RjKhta of . 
 m,s.l'26. ^- (v R. 8. O. 1877 *''««'««'«» 
 
 SALE OP LANDS FOR JAXES. 
 
 50. Wliere a portion of the tax ^ 
 
 for and in the third year or fnr^ 1^ ^^^ ^^"'^ ^as been wu 
 ^in, the current /elr ' tlL ^^as^er '^ i''^^ 7^??^"' 
 unless otherwise directed by a hi f ""{ ^^^ county '""• '"""• 
 ;i], submit to the warden of <,2i, ""^ *^® ^^""ty 
 fate of all the lands liable under ?hi '°"'?*^ ^ ^i«* in 
 j) besold for taxes, with the amount r^^''^^^' "^ ^^^^^ 
 bt set opposite to the same and,, '"''^^'•^ against Arrears due 
 ^t.eate each of such lists by affixinl IklJ^fr ^^^" P^^^^ 
 a i-uereto the seal of 'e^ied by 
 
 , ,, ■ warrantor 
 
 lary to the amount of the arro u ■ Warden to 
 
 ™hipo„l|,cl„r for the putoS „?;S.P''»»'1 »pon the roll "°"'- 
 Ind vested in Her MaiMfv t-u rx 
 .H«..e. , „,h!:?XttU-XTe 'st'-S'^ »m. 
 
 Nee to sec. 171. * * 
 
•! > I 
 
 Ji I" 
 
 832 THE MUNICIPAL MANUAL. r 
 
 the corporation ana his signature, and one of such 1' 
 
 be deposited with the clerk of the county ( f\ " ''i " 
 
 (/) It ia declared that " Whenever a /)or<io?i of the tax 
 has been due for and in the third yeai; or for more than th"""^'^ 
 preceding the current year, the treasurer of the eoiuitv un-" 
 The words in Con. Stat. U. C. c. 55, a. 124, were • .. um ''''* 
 
 >t "tuevtrl 
 
 portion of the tax on any land has been due for five ymr • " 
 
 • ' •• fee. The statute authorizes a sale upon acn°t ''"'"' 
 
 be in arrear for the period mentioned befor" *°' 
 
 for 
 
 , "We any L 
 
 l<-'88 period than J 
 
 where no taxes are in arrear Jn 
 
 ! void. l<ord V. Proud foot, (j (l.,„;' ' 
 
 29; J^^'Wv. J/c/.m,^i8U.Crp 
 
 C.C.P.^,, 
 ^"•''2/,12L',r 
 
 'roiidjooi, 9 Grant J 
 
 longer period," &c. 
 The taxes must ' 
 
 sale can take place. A sale for arrears 
 tioned is the same as a sale 
 l>roceeding8 are in such case 
 Kelly V. MacMem, 14 Grant 
 
 see also Doe Bell v. Reaumore, 3 O. 8. 243 ; Alunru v 
 ii. B. 647 ; Errington v. Dnmble, 8 U. C. C. P (iS 
 Hovshei/, 7 U. C. C. P. 464. In Ford v. / 
 which was decided under that Act, the arrears of taxe^ f 
 payment of which the land was '^old were for the years 1851 r 
 'I'he treasurer's warrant for sale was issued on the 2r)th of F 1 
 1858, and the sale took place on the 1,3th of July in the sam ' 
 'I'here were therefore five years' taxes due at the date of tlie ^ ^' 
 and of the sale. But it was held that the taxes were not I'") 
 five j'eara within the meaning of the Act. Spragge, V. jn"' 
 judgment, said: "It is clear from the 8ectiou° to which i^ 
 referred, that no taxes for a year or part of a year are made t ■! 
 until the collector's roll is placed in his hands, because imtlJ 
 there is no hand to receive them. This may be as late as the! i1 
 of October. It is also clear that the year's taxes cannot be luei' 1 
 sense until after the time for appealing from the assessmeut J 
 expired and the municipality has fixed tlie rate which iiml 
 imposed . This must be done, under the statute, before the 1 
 August. It may be done before. It is quite impossible tk 
 should be done so early in the year as the 23rd of February tiieJ 
 of this warrant ; and taking tlie periods given for the diftrett! 
 ceedings, the latter part of July would be the more prolaWe t 
 But it is said that a portion of the year's tax is due after the ji 
 January, and that other portions grow due from day to daymiil 
 whole is due, and that all the statute requires is that a portiiA 
 be due for five years. I cannot accede to this view, 
 apply my construction of the Act to this case, the taxes fori 
 the earliest year of the arrear — were due and payable, 8ay,8oiiK| 
 between 1st of August and 1st of October in that year. Tlief 
 surer's warrant was issued a little more than four nmrx ayh 
 after the earliest of these dates and tlie sale took place dJ 
 years; consequently the sale was premature." InA'e/Zyv.l 
 14 Grant 29, it was determined that t! ' re must be the 
 arrears due before the issue of the warrant to sell, in 
 McLean, 18 U. C. C. P. 416, 423, Wilson, J., went further tl 
 learned Chancellor, and said : " I incline to think verystrcji 
 the taxes of the preceding year, for the purposes of sale for 
 are not to be considered as in arrear till after the expiry of tl(| 
 in which they are imposed. It Is only after that time tke 
 treasurer has anything to do wit h them. The iiscal year ii 
 
 if'i':/ 
 
 gSiiiiii. 
 
 <J4 I" t 
 " ■ iiiil 
 
ANUAL. 
 
 and one of such lists sti 
 ;he county, (/) and tli 
 
 , portion of the tax on nny \ii 
 or for more than three ye 
 rer of the county uhall/' 
 B. 124, were: "Wheuevtl 
 a due for /iv ymn, or imnl 
 rizes a sale upon a ecintingenc 
 riod mentioned before aiiyW 
 :8 for a lesa period than m 
 taxes are in arrear, AUd 
 'ord V. /Voi((//oof, 9(irantll 
 V. McLean, 18 U, C, C.P.J 
 ), 243; Munrov.Urey,\1X,} 
 U. C. C. P. ()3; Ikrimn] 
 ^rd V. Proudfoot, 9 Grant 41 
 , the arrears of taxes for oj 
 were for the years 18534o-5| 
 issved on the 25th of VeWi 
 13th of July in the same vil 
 es due at the date of the want 
 hat the tivxea were not due] 
 3 Act. Spragge.V. C.,ingi 
 a the Bcctions to which 1 
 r part of a year are wade pajJ 
 M his hands, hecause until il 
 This may be as late as thelstl 
 e year's taxes cannot he 'lueii j 
 aling from the assessment roT 
 ,a fixed the rate which sU 
 ' .er the statute, before the k 
 It is quite inipo98il)le til 
 as the 23rd of i" ehruary, tlMJ 
 srioda given for the different J 
 ■ould he the more prohahlei 
 year's tax is due after tie iJ 
 [rrow due from day to daymtl 
 ute requires is that a portion 
 icede to this view. . . . .1 
 to this case, the taxes tor 11 
 re due and payable, say.Bomej 
 October in that year. Tkel 
 ■ more than four ;/«(/■.< amUl 
 nd the sale took place uAi 
 'premature." [^^^/"f ^/"^ 
 liat t] ' i-e must be t>ie full peiij 
 the warrant to sell, in* 
 Wilson, J., went further tla 
 .incline to think very strong 
 fror the purposes of sale for i- 
 '^ear till after the expiry of tki 
 lis only after that time lie f 
 hthem. The fiBcal year ud 
 
 SALE OF LAND8 FOR TAXES. 
 
 hall be returned to the treasurer, with a warrant 
 
 t annexed, under the hand of the warden and the 
 
 Tf the county, commanding him to levy upon the land 
 
 the arrears due thereon, with his costs. {(/) R. 8. O. 
 
 - c. 180. s. 127. 
 
 !ipo: 
 
 nJent with the calendar year in this respect, and the pre- 
 are those unpaid at the end of the year. By fixing 
 
 ; \,g»r's taxes are inoae uui;«,iv.i u.v i/uocim .ji mo y^m. xjy nAiuK 
 
 1 finite time the computation is made easy for all parties, and 
 
 inconsistent in holding that taxes may be due to 
 
 I , „ live years' arrears if any warrant for sale be iy.sued by him, 
 
 I the time he computed from the first of the year after the pre- 
 
 , year's taxes have been imposed." In Bell v. McLean, the 
 
 ktor got his roll on the 26th of August, 1852, and the county 
 
 Irer issued his warrant on the 11th of August, 1857 ; so that 
 
 * lm„ to the decision in Ford v. Proudfoot, and without going as 
 
 r' suggested by Mr. Justice Wilson, the five years had not 
 
 Lreil niid the oale was void. So in Connor v, Mc-f^hcrson, 18 
 
 at (iU] where the collector's roll was not delivered till after 
 
 J 1852, and the treasurer's warrant dated 10th July, 1857, 
 
 Kik on the authority of the cases already mentioned, was held 
 
 Lr When owing to land being patented in July, taxes are 
 
 jeil thereon only for half a year, yet this is in effect a taxation 
 
 le whole fiscal year ; and so long as the patent issues before the 
 
 Hiient is completed, taxes for the whole of the year ^'herein 
 
 patent issues may be properly imposed, and the land sold there- 
 
 f'unpaid. Cotttr v. Suthtrland, 18 U. C. C. P. 357. Besides 
 
 pjinc the period of arrears from five to three years before the 
 
 loi°the warrant to sell, the legislature, by the use of the words 
 
 ^gnd in the third year," have endeavoured to avoid some of the 
 
 ilties which presented themselves in the decided cases to which 
 
 nee has been made. See Wapels v. Ball, 29 U. C. C. P. 403. 
 
 rther, sec. 304 of the Municipal Act, and notes thereto. The 
 
 nt authorized the sale of "the lands hereinafter mentioned." 
 
 jnds were not mentioned in the warrant, but were contained in 
 
 ittached thereto which made no reference to the warrant ; nor 
 
 [the lists authenticated with the seal of the corporation and the 
 
 Inre of the warden, as required : Held, that the description 
 
 liufficient compliance with this section, and that the want of 
 
 laud signature on the lists was cured by sec. \i 9. Church v. 
 
 ,4A.R. 159; 5 S. 0. R. 239. 
 
 Hall v. Hill, 2 E. & A. 572, the late Chancellor Van- 
 pet said : " The treasurer's warrant is the foundation of the 
 pent proceedings, irregularities in which, where they have 
 |d in acts merely ministerii'l or executive, the courts have 
 [long way to excuse. ... 1 look upon the act of the 
 »r, in determining what lands are in arrear for taxes and 
 sale, as a qiiani judicial act, and one which must be per- 
 jn accordance with the statute." So where the statute 
 1 the treasurer, in his warrant, to distinguish between lands 
 
 105 
 
 833 
 
 i' 
 
 Si 
 
 t; 
 
 &l 
 
 .' 
 
 
 .:■! 
 
834 
 
 THE MUNICIPAL MANUAL. 
 
 ii :'i|"':'i!i']'l!fi^i«'^ ' 
 
 [»• 111. 
 
 Counei may Jgl. The council of a county, c tv or tnw« 1 „ 
 
 extend time , x- i. x- j. "'' V''^. ''"^'^ shft 1,,,,.. 
 
 for payment, power from tune to time to extend beyond th 
 
 three years, the time for tho enforced collection 1 '^'^"' 
 
 non-resident taxes I 
 R. S. O. 1877, c. 180 
 
 7o, ^'ill '""' ''' '''' p-p- I 
 
 Treuurer'g 
 duty on 
 nceivlng 
 warrant to 
 
 Mil. 
 
 sale of 
 ')l 
 
 162. It shall not be the duty of the treasurer to I 
 inquiry before effecting a sale of lauds for taxes to 
 whether or not there is any distress upon the land '!^/^'^"'' 
 shall he be bound to inquire into or form any oni» ' 
 value of the land, (j) R. S. O. 1877, c. 180, a 5"°" 
 
 patented and those under lease or license of occunatimi ♦! ^~" 
 was held to be a nullity. Hall v. Hill, 22 U C O R l-! "'''"»< 
 A. 569 ; Haidey v. Somcrs, 13 O. K. 600. ' A* .lestrintinn "h 
 lands lis '*all patented " is however, sufficient. lirookev 
 12 Cirant 5:i6. 8o where the wordh used were "all deed 1 ""'''u 
 V. ./oneii, 17 (irant 488. The warrant should show the n f 
 land that is to be sold. Towiifend v. Elliott, 12 U. C. C p oi- 
 description in the warrant of a particular piece of land a\ " o . 
 pt. 111. 1st Con. Tay, 40 acres, «12 95." was not sutRcien/ V' 
 V. aUmour, 21 U. C. C. P. 18. It would be sufficienUf the i,lp 
 of the piece of land sold could be established \in » 
 McDo^mM,2A. U. C Q. B 74. The wa.-rant must i,e uSS 
 as well as the signature of the proper officer. Monian v ; 
 U. C. Q. B. 539 ; Monjan v. Saubourhi, 27 U. C. Q li m- \iu 
 v.MrMillan, 25 U. C. C. P. 75; and founded on the' tiit'« 
 return, when a return was required. Don Hell v. Utaamw ■)() 
 243 ; see also. Errvigton v. Duinhle, 8 U. C. C. P. 65. A mist I' 
 
 a particular statute, that after a separation of cout 
 it ahould go to the sheriflF of the junior county to sel 
 
 tbei 
 coudI 
 
 visions of 
 the warrant 
 
 arrcivrs duo both counties. Doe Mowdcashel v. Grow \ U 
 B. 23. A warrant issued in 1837 and postponed by 1 ^'ict 
 was held to have been properly acted on in 1839. Toddy \u 
 15 U. C. Q. B. 614 ; see also, Hamilton v. M('Donnld,21\],\] 
 136. This section is only directory Fenton v. McCollum 41 U 
 B. 2:i9. See Church v. Fentoji, 28 U. C. C. P. 384- 4 A ii 
 5 S. C. R. 2.39 ; FitzfjercUd v. Wikon, 3 0. R. 539. As to tlie 
 of lists furnished to the warden as evidence of non-paymeiii 
 Re Morton, 7 O. K. 59. Where it is necessary to prove titie 
 a deed given upon a sale of land for taxes, the productiun 
 warrant directing the sale issued by the treasurer to the sliei 
 sufficient evidence of the taxes having been in arrear for tlie 
 therein mentioned. Vlark v. Buchanan, 2o Grant 559. 
 
 (//) See note /to sec. 130. 
 
 (i) See note y to sec. 158. 
 
 (j) The declaration made in this section to the effect tin 
 treasurer shall not be bound to inquire into or form amj opii 
 
 9»iU , 
 
Kh. 
 
 ADVEHT18INO 8ALK OF LAND8. 
 
 835 
 
 yr or town shaW \w,-^\ 
 beyond the term otj 
 
 . collection by 8i\\e otl 
 for t\»at purpose, iliJ 
 
 the treasurer to mak 
 is for taxes, to uscertaii 
 upon the land ; (i) nd 
 form any opinion of th 
 7, c. 180, a. 129. 
 
 B of occupation, the wam 
 
 2-2 U. C. Q. B. 578 ; -U: 
 
 600. A description of ' 
 
 ficient. Brooke v. Campij, 
 
 iiil were " all deeded." C'l 
 
 should show the pivrtici 
 
 Uliolt, 1-2 U. C. C. P. 21; 
 
 lar piece of land as " I't. ol 
 
 ,," waa not sufficient. Qn 
 
 aid he sufficient if the iileni 
 
 3 established. McD,n4 
 
 m'-rant must he under tlie 
 
 officer. Morgan v. Qwmii.J 
 
 27U.C.Q.li.230;Jic/M 
 
 founded on the treasu^ 
 
 ■yop Ikllv- J?eaumw.SOJ 
 
 J C C. P. 65. A mistakj 
 
 ,t July, 1820, tout July IJ 
 
 years, was held not to h^ 
 
 p It was held, under tlie f 
 
 after a separation of counj 
 
 of the junior county to sell 
 
 nd postponed hy I yd. . 
 1 on in 1839- ToMs.\r\ 
 
 Siv.3/c*n4lU 
 IT C C. V. 384; 4A.R.I 
 3 U. 5.59. As to tlie ( 
 a evidence of nou-paymenj 
 9 necessary to prove titled 
 for taxes, the productwnt 
 Y the treasurer to the sliej 
 .Lbeeniuarrearforthei^d 
 a,fa». 20 Grant 559. 
 
 iu section to the effect tlj 
 Lire into or form a,, op^ 
 
 The treasurer shall not sell any lands which have Wh»t Und« 
 ^u iiiclufled in the lists furnished by him to the clerks "v«Murer 
 *" I e several municipalities in the month of February "'""' *"'''• 
 '*?. ^1,0 sale, nor any of the lands which have been 
 
 to l>ii» "'S '"'iog occupied under the provisions of 
 
 "'""us of this Act, (k) except the lands, the arrears for 
 
 I u,l been placed on the collection roll of the preceding 
 
 • nd afaiu returned unpaid and still in arrear in con- 
 
 Ipp 0? insurticient distress being found on the lands, (f) 
 
 To 1877,0. 180, s. 130. 
 
 Il64-(1) Tl>e county treasurer shall (m) prepare a copy of County ^^ ^ 
 I list of lands to be sold, required by section 160 of this prepare lut 
 
 and shall include therein, in a separate column, a state- ^'^^^\*^»j 
 "i «* f»iP nronortion of costs chargeable on each lot for adfertUe in. 
 I rtisin^ and for the commissions authorized by thus Act ""*""• 
 L paid to him, distinguishing the lands as patented, 
 atented, or under lease or license of occupation from the 
 
 n and shall cause such list to be published four weeks 
 
 ) Ontario Gazette, and once a week, for thirteen weeks, 
 lome newspaper published within the county, and, in the 
 lof a union of counties, in each county of the union, if 
 
 ) be one published in each county, and if not, in such 
 btv or counties of the union in which a newspaper is 
 lished or, if none be so published, in some other news- 
 
 r published in some adjoining county. 
 
 ilue of the land, was so made because of the decision in Henry 
 irm*, 8 Orant 345. Section 129 (162) provides in effect that 
 leasurer shall not before effecting a sale of land for taxes, be • 
 
 i to inquire into or form any opinion of the value of the land. 
 J the meaning of the words "before effecting a sale of lands 
 les"tobe before proceeding to perform the duty cast upon him 
 jHon 137 (170). Per Armour, C. J., in Haialey v. Somers, 15 
 1215, 278. 
 
 „Tie statute is prohibitory. The treasurer shall not sell any 
 Iwhich have not been included in the lists. There is na 
 ity therefore in such a case to sell at all, and the sale, if any 
 id, will be void. FeiUon v. Mc Wain, 41 U. C. Q. B. 239. 
 
 ! note g to sec. 146. 
 
 ttwas, under the 13 & 14 Vict. c. 67, held that the omission of 
 f to advertise did not affect the validity of a sale for taxes, 
 Bid be treated merely as a direction of the statute which the 
 |ras bound to observe at his peril. Jarvis v. Cayley, 11 U. C. 
 ii\Jamsv. Brooke, 11 U. C. Q. B. 299. Such is the law 
 w of a sale by a sheriff under writ of execution. Pater- 
 Ui 24 U. C. Q. B. 296. But in a case decided under the 
 
'f* i'':l 
 
 i 
 
 ui 
 
 ii ' 
 
 V ' 
 
 fl IP 
 
 
 lUIIX 
 
 1 
 
 1 
 
 
 
 836 
 
 ProcMdlog^ 
 wbwn ImidN 
 in arronr foi' 
 tnii'i In 
 Junior 
 County 
 ■•paraUil 
 from Union 
 ofCountioN. 
 
 Notice ti) lilt 
 ft\ven in 
 nut'ii B<lv«r- 
 tiMnieut. 
 
 2). 
 
 THE MUNICIPAL MANUAL. N ,. 
 
 (2) Where i junior county is separutoa from u • 
 counties after a return is nmde to the treasurer of tl "" '" ' 
 counties of lands in arrear for tax j, but such lund l" ""' 
 been advertised for sale by the treawurer of J . '^ "" 
 eountioH, or senior county, such treasurer hIiuU rot"' ""''' 
 treasure;' of the junior county a list of all the Im (i" ^" ''' 
 ilic junior county retuiiied as in arnuir for tiixcs ^ ^ "'"' 
 advertised; and tlie treasurer and warden of tl !"'■ 
 county shall have power respectively to take all th ? l'"'"'' 
 
 ings which treasurers and wardens, under this ^n; 
 for the sale and conveyance of lauds in arrears lor t '^^"" 
 
 Act. 
 
 but in case the lauds in such junior county 1 •,!■ 
 advertised by the treasurer of the united counti" *i f'" 
 such separation, the sale of such lands sliull be conii)! t l1 
 the same manner as if the separation had not tuk i « 
 
 R. S. O. 1877, c. 180, s. 131. 
 
 165. The advertisement shall contain a notification 
 unless the arrears and costs are sooner iiaid the ti ' 
 
 1(5 Vict. cap. 182, it was held that an advcrtiaeiaent in a local 
 was equally nccosHary with iin advertiacmeut iu tiio otliciafr 
 and for want of it the Halo was held invalid. Williomiv T 7 
 U. C. C. p. 219. Aiul in a case decided under Con. Stat UN 
 55, the Court of Qheen's Bench, in referring to WiHiunisy r 
 said, "if it were noceasary, f(.r the decision of this case we shd 
 as at present adviauil, arrive at the same conclusion." 'jIuUv 
 
 22 U. C. Q. B. 584. But such an irregularity was held not toJ 
 the sale in CUU-r v. SntherUiud, 18 U. t". C. P. SST, ami aftmv J 
 Connor \. Douglass, 15 Grant 456, by the Court of Appeal, Tbi 
 is now settleil according to the decision of the Court nf AJ 
 McLauchlin v. Pyper, 29 U. C. Q. B. 526. " 
 
 (») Before this subsection, there was a doubt as to the 
 ofBccr— the treasurer of the new county, or the treasurer of tM 
 county — to proceed to the sale of lands situate in a junior cd 
 subject to arrears of taxes due to the union. By analogy topro( 
 after the separation of united townships, it was gunerally sug 
 that all power as to the collection of assets, &c. (the power to j 
 involving the power to sell, see note j/ to sec. 204), would i 
 with the senior county, unless expressly diverted in favour ( 
 junior county by Act of Parliament. See sees. 212, 213. W 
 section appears to have been based upon such an assumption^ 
 makes a transfer of the power to the junior county under ( 
 circumstances. In Canada Permanent Buildiny Society v, J 
 
 23 U. C. 0. P. 200, it M'as held that until the pasing. of thij] 
 ment there was no power either in the treasurer of tiie si 
 junior county, or in any other officer, to sell lands for tai] 
 accrued due before the separation ; and that the power can o 
 be exercised under this enactment, which is held to be retrosJ 
 
 fmhimML.v 
 
 I' 
 
J 
 
 •(\l\)] MANNER OF 8KLLINO LANDS FOR TAXES. 
 
 1 ^Q H„n tho lands for the taxoH, on a day and at 
 "P''^'^ 1 In the advertisement, (o) R. 8. O. 1877, 
 
 837 
 
 
 132. 
 
 I advertisement in a local \ 
 tiscineut in tUo official iki 
 
 U^vaiia. n;i//i.n»y.'i';'ij>^ 
 
 .de.luudev Con. Stat. I.e. 
 
 efcrving to Wdhnm v, Td 
 
 leciriiou of tins case, we M 
 
 amc conclusion;' //aljv.l 
 
 eularity was held i>ol to! 
 
 t' C.V. ariT.amlattetwd 
 
 ^v the Court of Appeal. TW 
 
 ecisionof thefourtoiAd 
 
 li. 526. 
 
 was a donU as to tk j 
 runtv, or the treasurer oi tU 
 ands situate in a lumorci 
 ITuniou. P.y analogy to pt. 
 
 Lt L'ta &c. (the power tol 
 
 It See sees. 21-. -i<>- ^^, 
 Id xipon such an assumption^ 
 
 MiU Bnildmj SocHlV.i 
 faHutil the pasing, o{ t «| 
 I -^ the treasurer of the 8 
 
 Hcer.tBeUl-aBiorJ 
 • and that the power can ol 
 
 |t;,^hichisheldtoberetro»J 
 
 . Tl,,. (liiv of sale shall be moro than ninety-one daysTinmofMU. 
 |1J°',,^ aist"i>ul)lioation of tho list, {p) It. 8. O. 1877, 
 
 .. Ti,,, treasurer shall also post " notice similar to theNoHcetoim 
 li ivcrtisement, in some fonveniont and public place ^t •'""'*"' "''^ 
 
 ' Hioiise of tho county, ivt least throe weeks before 
 ';7ll.>. (9) Il.H-0. l«77,c. 180, s. 134. 
 
 ..J, ffiig trei.iiiiior shall, in each case, add to the arrears Kxpenio« 
 Mslieil lii» coiiunission and the costs of publication, (r) H. llr,'o»r«.° 
 foJ8l7, c. 180, 8. laf). 
 
 M fit anv time appointed for the sale of the lands, Aiijourning 
 nvtf. ii) "■" ' v , , ** ,. ., , -. 'Mill.!, If no 
 
 Iwilws appear, the treasurer may adjourn tho sale from Adders. 
 
 , to time. W K. H. O. 1877, c. 180, s. 136. 
 
 ffO-(l) If the taxes have not been jtrevionsly collected, S"h'rhe 
 
 f«r, nPiNiiii appears to pay the same at the time .nid i)lace '"'"i" »hi»it 
 l""P'-' , '' , /,v ii . I 11 11 11- 1)1' Hold bj 
 
 binted for the sale, {() the treasurer shall sell ly public ,i>^. Tr«a- 
 
 ion so mucli of the land as is sutHcient to discharge the •""■"'"• 
 
 ami all lawfid charges incurred in and about the sale 
 
 llhis is directory— not imperative ; thornfore the omission of 
 I nut invalidate the sale. See note m to sec. 104. 
 
 [Theex'rossioni.s not that there shall be "ninety-one days" at 
 
 letivjeii iiic tirst [jublicatiou and the sale, but tliat there shall 
 
 lortthaii uinetyoue." See note c to sec. 115 of tho Municipal 
 
 Ihe omission to do aa here directed would not invalidate the 
 The enactment is directory — not imperative. See note »» to 
 
 ,) that a person intending to pay the arrears of his taxes may, 
 
 lection of the advertisement ascertain how nuich he uuist pay to 
 
 tlie sale. The amount of taxes stated in tho treasurer's 
 
 lemeut is in all cases to be held to be the correct amount due. 
 
 pen though bidders appear, if the treasurer discover a com- 
 
 l among them, or has reason to believe that a combination 
 
 prevent fair competition, it seems to be hia duty to 
 
 See note p to sec. 188. • 
 
 lere can be no valid sale after payment of the taxes. See 
 
 ) sec. 188. 
 
838 
 
 THE MUNICIPAL MANUAL. 
 
 1 
 
 H 
 
 1 
 
 m 
 
 iin 
 
 Hir 
 
 fp'™ 
 
 ^IB^i 
 
 M i 
 
 l'::-;;; 
 
 "3 
 
 [8-l70(lj 
 and tba collection of the taxes, (w) selling in pief 
 
 (m) The sale of part of a whole lot which lay in tw- 
 
 be iliegal/ 
 
 for arrnars alleged to be due on half, was held to 
 Upper V. Edivards, 5 U. C. Q. B. 594. Where lota "are inoi i 71 
 one grant, but aescribed by separate numbers, a portion nf v^'J 
 must be sold to pay the taxes thereon. Monroe v Om, ?n^, 
 Q. B. 647, A grant having been i .sued fc; lot number 8 in w?" 
 quarters of lot number 7, the latter of which was not r I ' 
 the Government to the district treasuiev as describeil f""'^'' ^ 
 and the taxes on the whole of the grant having been ""^ 
 treasurer credited it to the tve.4 three-quarters, and returne f t' '' * 
 quarter as in arrear for taxes . Held, that the taxes havinc 1 / 
 on all the laud in the grant, ^ihe sale of the east ouartprl •?,! 
 Peck V. Munro, 4 U. C. C. P. 363. Lot 18 and the \mt mrl3 
 19, containing together two hundred acres, were granted t 
 one patent, and in the same year the east part of lot 19 Ap V 
 containing one hundred and fifty -six acres, was granted to one S 
 land, being in arrear for the requisite period, was returned 
 treasurer as lot 18 and the west part of lot 19, (two hundred 
 and the sheriff iu 1848, sold and conveyed one hundred and tki 
 five acres of lot 19, which included part of the land grantel i 
 The sale was held illegal. McDonald v. RoUllard, 23 U C 
 105. It was held that the sale could not be upheld even as tal 
 portion granted to B. ; for lot 18 and the west part of lot 19 
 each have been separately charged and sold for arrears /J I 
 east and west halves of lot 1, each containing one hundred i 
 were granted by the Crown at different times and to different 
 sons. The taxes being in arrear, lots 1 and 2 (four hundred i 
 were returned as in arrear for £6 10s. taxes, without distineuj 
 that one portion of the taxes was on lot 1, and the remainder i 
 2, or upon the separate halves of lot I. The sheriff put up j 
 the whole of lot 1 for the sum of £3 12s. 6d., being half the t 
 the whole, and 7s. 6d. for expenses. Held, the sale was void \ 
 a portion of th<> east-half of the lot had been sold for taxes ai 
 whereof had accrued on the wesv half of the lot, and there \ 
 means of apportionment. Ridout v. Ketchum, 5 U. C. C. P, 
 where the north and south half of a lot of laid were 
 separjitely, and different amounts charged against each , 
 which amounts were afterwards added together and ciiargedl 
 the whole lot, and a portion of the whole Tot sold for the co| 
 amounts, the sale was held illegal. Laughtenhorouqh v. McL 
 U. 0. C. P. 175 ; see also. Doe d. McGill v. Langt'oii, 9 U, 
 91 ; Black v. Harrington, 12 Grant, 175; Christie v. JobJi 
 Grant 534. The patent granted a lot by the north and i 
 The patentee, in 1853, conveyed the lot as a whole, and itcoj 
 in one owner till the sale of the 35 acres in 1858. In 1858 a| 
 each half was assessed separately. For the next three yean 
 assessed in two parcels of 165 acres and 3j acres, and] 
 succeeding two years the north half 100 acres and the 
 south half 65 acres were assessed with a valuation of 
 whole. Held, right. Edinburgh Life Ass. Co. v. Fern 
 U. C. Q. B. 253. In 1865, the 165 acres were sold for the t 
 for six years, including 1858, which was not covered hythe 
 
lich lay ^^ ^''^^ concesaii 
 raa held to be illegal. „ 
 
 Where lota are mcluded 
 Lrabers, a portion o{ eac'n 1 
 a. Monroes. Ony,\i\]. 
 L fc; lot number 8 and t\« 
 
 which was not returned 
 suicv as described for gn^ 
 
 grant having been paid, 
 nuarters, and returned tli* 
 Dhat the taxes having been; 
 of the east quarter was illi 
 ,ot 18 and the west part f' 
 i acres, were granted to 
 east part ot lot 19, deactil 
 teres, was granted to one 6 
 te period, was returned 
 : of lot 19, (two hundred 
 veved one hundred and tl 
 1 mrt of the land granted 
 
 ,Sv./?obiHcn;d,23U.C 
 ,d not be upheld even as to 
 
 id the west part of lot ly d 
 and sold for arrears lb. 
 t, containing one hundred 
 'rent times and to di«eren1 
 Si and 2 (four hundred 
 lOa taxes, without distingu 
 .nlot 1, and the remainder 
 Z\ The sheriff put up " 
 ^128. 6d., being half tiie 
 lo Held, the sale was void 
 thad been sold for taxes, a 
 half oi the lot and there' 
 
 {of a lot of laAd were 
 Its charged agaw^t each 
 i^pd toeetherandcnargw 
 
 f^ioleit sold for the c. 
 
 1 +175 • Chmtie v. John 
 '^totbV the north and south 
 
 I^^ToThenStthreeyej 
 1 nnd ?>) awes, and 
 
 ,-n (1) 1 MANNER OF SELLING LANDS FOR TAXES. 
 
 he may consider best for the owner to sell first : (v) 
 
 |P"j . j'jjriu*' or selling such liimls, it shall not be neces- 
 
 to describe particularly the portion of the lot which is 
 
 H old but it shall be sufficient to say that he will sell so 
 
 ' I J the lot as may be necessary to secure the payment 
 
 [the taxes 
 
 839 
 
 due : («^) ^^^ ^^^^ amount of taxes* stated in 
 
 year. Held, that the 
 tor taxes was described in 
 
 „ler which the 35 acres were sold for that 
 • bad. //' Certain laud assessed 
 
 'ameiitas the north part of a certain lot, which part contained 
 • Held a sufficient description of the northerly 30 acres of 
 
 i teres 
 
 i'M V 
 
 ■ J tjijat it and no other part of the lot was affected by the 
 
 lent. Ley v. irWf/A/, 27 U. (J. O. P. 522. Where in the 
 
 ''Lnt roll for one year land w^as described as the "S. pt. 12 53 
 
 r." and for the following year as " S. E. pt. 12, 53 acres ; " and 
 
 neared that the land whether taken as the south or south-east 
 
 Suded portions of the lot owned respectively by F. & C. and 
 
 which they had paid their taxes ; and also certain lots of a 
 
 laid out on part of 12, the assessment was held to be illegal. 
 
 Johmton, 32 U. C. C. P. 301. The assessment of four 
 
 containing about 400 acres in the name of the plaintiff embraced 
 
 nacres already sold and separately assessed of which fac\; the 
 
 <ior was aware : Held, that the assessment was illegal, Fleming v. 
 
 V# 8 A. R. 656. See also Hill v. MacaiUay, 6 O. R. 251. The 
 
 ' part of a loL called lot 1 in one survey and lot 4 in another 
 
 isessed variously as "number 1 N. half," &,c. ; "number 1 N. 
 
 Jtc. • "N. half-lot number 1,"' &c., and " broken lots number 
 
 K4;"Held, that though these irregularities shewed want of care 
 
 iccuracy they did not invalidate the assessment as the land was 
 
 piently pointed out. Nelks v. White, 29 Grant, 338. After a 
 
 iior taxes for 1859 and following years, a subsequent sale for 
 
 for 1858 was held invalid. Mills v, McKay, 15 Grant, 192. 
 
 the sale was on the 5th of February, 1867, of taxes for 1859 
 
 60, a subsequent sale for the taxes of 1862, 18G3, 1864, 1865 
 
 66, was sustained. T/mnpfion v. Colcock, 23 U. C. 0. P. 505. 
 
 a warrant contained two different entries of the same lot for 
 
 due in two successive years, and the sheriff at one sale sold for 
 
 »r'ataxe°, and at a subsequent adjourned sale, sold the same 
 
 the second year's taxes, both sales were held void. Schaefer 
 
 i(iy,20U. C. C. P. 487. 
 
 18 treasurer is bound if he sells any particular part of a lot 
 in preference such part as he may consider best for the owner 
 first, and sec. IG'2 does not relieve him from this duty ; and 
 
 purpose he must obtain the information necessary to enable 
 
 «rrive at a sound judgment thereon. Ilaisley v. Somers, 16 
 
 15. See also note p to sec. 1 88. 
 
 ihaggs v. Ledyard, 12 Grant, 322, Mowat, V.C., said : " I 
 icesume that tne intention of the Legislature was, that a 
 Lbould let bidders know what part he is selling and they art< 
 , This is the reasonable course. And I find in the statute 
 I wliatever of an opposite course having been contemplated." 
 Tewasatfirmed on appeal, 32 U. C. Q. B. 270, note. Now, by 
 
840 
 
 THR MUNICIPAL MANUAL. 
 
 When land 
 
 does not sell f i,~ 
 
 for full ^"® 
 
 II 
 
 [s- 170 (1) 
 
 the treasurer's advertisement shall, in all cases be h u 
 be the coirect amount due. (x) ' " 
 
 (2) If the treasurer fails, at such sale, to sell any kn 1 f 
 e full amount of arreai's of taxes due, he shall, at such 1 
 amount of adjourn the same until a day then to be publiclv nam 1 
 taM». j^jj^^ ^j^^ earlier than one week, nor later than thre 
 
 thereafter, (y) of which adjourned sale he shall "ive t" 
 by public advertisement in the local newspaper or in " 
 the local papers in which the original sale warn advertiser/ll 
 and on sucli day he shall sell such lands, unless oth • 
 directed by the local municipality in which tbev arc sit ■^ 
 for any sum he can realize, and shall accept such sum as 
 
 the statute, an opposite course i' jxpressly authorized Sw ?/ ~ 
 Taggart, 22 U. C. 0. P. 290. It is sufficient to sell so'nnich o'fTj 
 as may be necessary to secure the payment of the taxes due anil 
 particular part need not ha duternr'ned until the certificate is '* 
 to the purchaser. Haul''!) v. HomuvA, 15 0. R, 275. This sfJ 
 applies to the duty of the treasurer at and after the sale and M 
 he grants his certificate; sec. 1G2 applies to his duty before ( 
 sale. lb. 
 
 {x) An extract from the treasurer's book shewing the amnun 
 taxes imposed, was held not to be sufficient evidence of tlie fad 
 an action of ejectment by a person clairaini,' under a tax title i/i 
 V. Orey, 12 U. C. Q. B. (547 ; see I fall v. Hill, 22 U. (':. Q.'b ! 
 2 E. & A. .'i69. A sale of non-resid(int land bein^' irapeachedl 
 original collectors roll was produced diewing Mmounts in arrean 
 with interest amounted to the sum for which the land was sidf 
 due jn-eparation of the warrant to sell and the advertisement in 
 OazeftP wore also proved and this proof was held sufficient 
 geraU v. Wilson, 8 O. K. 559. 
 
 ( i/) I 'nder certaii circumstances the treasurer may adjourn thi 
 See note p to sec. iSS. But under the circninstanues here stifc 
 shall adjourn ; that is, where he fails to sell any land for th 
 amount of the arrears of taxes due. Where a person attended! 
 sale and offered to take twenty-nine acres of t.ie lot andpavtlf 
 amount of taxes and expenses, and he was declared the highest 1; 
 but failed to pay the amount, and at an ailjourned sale had the 
 lot knocked down for t!ie same amount, the sale was held to Im 
 Tod'i V. U'crri/, 15 U. C. Q. B. 614. See also, liayiie-i v. Cii 
 14 U. C. C. P. Ill , 3f<-Adi<' V. Corhy, 30 U. C. Q. B. m 
 purchaser fail immediately to pay the purchase money, it is th 
 of the treasurer fcvthwith again to put up the property for sale 
 172. It would seem that the sheriff m;iy sue a purchaser i 
 amount of taxes, JarvU v. Cayley, 11 U. 0. Q. B. 282, iuwhij 
 it was held necessary to aver that the defendant promised f 
 for the land and accept a certificate within a reasonable timi 
 see Mingaye v. Corbett, 14 U. C. C. P. 557. 
 
 (2) The sale wi'l not be held invalid because of a detectivd 
 of sale. See note m to sec. 104. ^ 
 
^NUAL. [s. 170 (\) 
 
 in all cases, bpi held 
 
 1 sale, to bell any land fo 
 due, lie shall, at such saV 
 to be publicly named 
 DV later than three montlj 
 L sale he shall give iwticl 
 jal newspaper, or in one ( 
 inal sale was advertised, 
 ch lands, unless othervvl 
 y in which tVey are situ J 
 ^liall accept such sum as ?■ 
 
 •essW avithovized. Sec S^tfimi 
 sutficient to sell so mucli oi a 
 ayment of the taxes due audj 
 Udmitilthe certificate is gi^ 
 rs, 15 0. H. 275. llus seoL 
 at and after the sale and M 
 5 applies to his duty l)elore| 
 
 n-'s book shewing the araouu 
 
 ^sufficient evidence of the faj 
 
 .^laimin" under a tax title. Jit 
 
 sia>-nt laud heme; irapeaeiie.! 
 1 shewing amounts in arrean 
 for wliicli the land was sold.! 
 ell and the advertisement id 
 proof was held sufficient, ! 
 
 , the treasurer ma;/ adjourn thj 
 r the circumstances here stM 
 
 Kils to sell amj la«^\J°Vi1 
 ; Where a person attendell 
 £e acres of tae lot and pay ti 
 he was declared the Ingliesti^ 
 lU^Iu adjourned sale»» 
 mount, the sale was held tolij 
 
 ^'^I'VurcLeinouey.jti^f 
 fo put-up the property forsdd 
 
 u^ ft- miv sue a purcliaaevi 
 
 l<'\ \he defendant promised I 
 feetitJinaveasonabletini 
 
 linvalid because of a detectiv 
 
 ? 
 
 t 
 
 e. 
 
 i 
 
 w 
 
 SALE OF UNPATENTED LANIiS. 
 
 841 
 
 fJ 
 
 lament 
 
 of such arrears of taxes ; (a) but the owner of any 
 . , ggid shall not be at liberty to redeem the same, except 
 I nayment to the county treasurer of the full amount of 
 r " due together with the expenses of sale ; (6) and the 
 l^^nipr 'shall account to the local municipality for the full 
 tntof taxes paid. R S. O. 1877, c. 180, s. 137. 
 
 ,,> If the council of the local municipality, in which thi* 
 
 diftU be situate, desire to become the purchasers of any 
 
 ^vhich 8u')-section 2 refers, for the amount of the 
 
 ^rs of taxes thereon, it shall be lawful for such munici- 
 
 ty to purchase the same if the price offered at such 
 
 loiimed sale shall be less than the amount of such arreans, 
 
 diftheoouuoil of the local municipality shall, before the 
 
 -of such adjourned sale, have ^iven notice in writing of 
 
 intention so to do ; and it shall be the duty of the council 
 
 huch local muuicipality to sell an)- lands which shall be 
 
 iicQuired within three years from the time when thev 
 
 1 be acquired. 50 V. c. 32, s. 7. 
 
 • 
 
 |l71 If the tieasurer sells any interest in land of which 
 (fee is in the Crown, he shall only sell the interest therein 
 Ithe lessee, licensee or locatee,, and it shall be so distinctly 
 ressed in the conveyance to be made by the treasurer 
 iwaiden, and such conveyance shall give the purchaser 
 [same rights in respect of the land as the original lessee, 
 Bseeor locaceo enjoyed, (c) and shall be valid, without 
 jiriii" the assent of the Commissioner of Crown Lands. 
 fs,0'l877,c. 180, s. 138. 
 
 Purchiae bjr 
 municipali- 
 ties of land 
 sold for 
 taxes. 
 
 When Trea- 
 
 .<<ui'er sAlU 
 land the fee 
 of which is 
 in Crown, 
 lie shall only 
 sell the 
 interest of 
 lessee, etc. 
 
 (The power to sell at the first sale is only for the full amount of 
 But at the adjourne I sale the treasurer may sell " for an?/ 
 .ecan realize." As to power of a nniiiicipality to purchase where 
 I'offered at adjournetl sale is less than the arrears, see next 
 Ktioii, Neither the treasurer nor the corporation is responsible 
 |e title of the laud sold. Austin v. Sinicoe, 22 U. C. Q. B. 73. 
 
 I See sec. 180. ' 
 
 |laad vested in the Crown is exempt from taxation. Sec. 7 
 But where land is leased, sold, or agreed to be sold by the 
 in, or located as a free graut, the interest of the purchaser or 
 iliable to taxat'on. Sec. 159. Being li tide to taxation, it 
 lie to sale, but the sale of course only passes the rights in respect 
 llaml which the original lessee or locatee enjoyed. Such a 
 ikn followed by a deed, would, however, prevail agaii.st a 
 lubseqiiently issued to the original lessee or locatee, or a per- 
 fcniing under him. Ryckman v. Van Volt<nhurqh, 6 U. C. C. P. 
 tkr/esv. Ddmage, 14 U. C. Q. B. 585; O'Grady v, McCaffray, 
 1, 
 
 106 . 
 
 1 
 
 m. "F'i 
 
 k 
 
 » 
 M- 
 
 Bl:-:i'i» 
 
 
 n| 0:;:J ' 
 
 ■ k 
 
 
 ¥'^ ■ 'Mi ■ i' f 1 
 
 «;- i , M 
 
 ^kBA 
 
 
-^^1*... 
 
 
 842 
 
 When pur- 
 chaser fails 
 to pajr 
 purchase 
 money. 
 
 THS MUNICIPAL MANUAL. 
 
 b- 172. 
 
 172. If the purchaser of any parcel of land fails 
 iliately to pay to the treasurer the amount of tli« 
 
 inime. 
 
 money, the treasurer shall forthwith a^ain i^nt ''® 
 property for sale, (d) R. S. O. 1877, c. 180, s. 139 "^ ^^' 
 
 Certificate of Sale — Tax Deaf,. ' 
 
 Treasurer 
 selling to 
 give pur- 
 chaser a 
 certificate of 
 land sold. 
 
 glV 
 
 Purchaser of 
 lands Hold 
 for taxes lo 
 ba deemed 
 owner 
 thereof, for 
 certain pur- 
 poses, on 
 recnipt of 
 Treasurer's 
 certiflrate. 
 
 173. The treasurer, after selling any land for taxes 1 
 »'e a certifi»7ate under his hand to the purchaser ( \ \ 
 distinctly what part of the land, and what interit th "^ 
 have been so sold, (/) or stating that the whole lot o- ^'"''' 
 has been so sold, and describing the same, and also Ih^'5 
 the quantity of land, (g) the sum for which it has been si 
 and the expenses of sale, (A) and further stating that ad 
 conveying the same to the i)urchaser or his as.signs accoi/ 
 to the nature of the estate or interest sold, with refe • 
 sections 170 and 171 of this Act, will be executed h^^l 
 treasurer and warden on his or their demand at ai • f^ 
 after the expiration of one year from the date of the +' 
 cate, if the land is not previously redeemed (i) p c 
 1877, c, 180, s. 140. " ^' ^' '• 
 
 174— (1) Th(^ purchaser shall, on the receipt of 
 treasurer's certificate of sale, become the owner of the 1 
 so far as to have all necessary rights of action and \m 
 for jn-otecting the same from spoliation or waste, until 
 exi)iration of the term during which the land niayi 
 redeemed ; but he shall not knowingly permit any wi 
 to cut timUer growing upon the land, or otherwise inj 
 the land, nor shall he do so himself, but he niayusetlief 
 without deteriorating its value, (j) 
 
 (d) See note y to sec. 170. 
 
 (e) When a certificate is given, the land must be properly dei™ 
 in it, and be the same land as afterwards conveyed BimMvl 
 oj Montreal, 42 U. C. Q. B. 212; 3 A..R. (i6. ' «ee NeLy 
 29 Grant 3:^8. The treasurer is, with the certificate, to give a| 
 ment in detail of the arrears and costs incurred. Sec, 1/7, 
 
 (/) See sec. i?!. 
 
 {(/) See note o to sec. 178. 
 
 {h) See note a to sec. 170. 
 
 (i) See sec. 180. 
 
 (j) The certificate confers a qualified ownership on the pni 
 He becomes the owner so far as to have all necessary rigbbo 
 and powers for protecting the land from spoliation aud wai 
 
 
 . , ' i| 
 
.land must be properlyte 
 
 , 176.] 
 
 treasurer's commission. 
 
 843 
 
 /•n The purchaser shall not be liable for damage done ^roriao. 
 •liiiiit his knowledge to the property during the time the 
 Scate is in force. R. S. O. 1877. c. 180, s. 141. 
 
 175 From the time of a tender to « the treasurer of the f;^*^*,"^, 
 { ilamoant of reden ption money required by this Act, the arrearsretc. 
 
 pliftser shall cease to have any further right in or to the 
 i Sin question, (k) R. S. O. 1877, c. 180, s. 142. 
 
 176. Every treasurer shall be entitled to two and one-half ^o*"^^^^ 
 cpiitum commission upon the sums collected by him as 
 Ksaid. (/) R. S. 0. 1877, c. 180, s. 143. 
 
 lufiedoNvnersbponAH 
 
 "^^lave all necessary ngM 
 
 ;,d7ro^Bpoliatio»aud.a, 
 
 • ot knowingly to permit any person to cut timber growing upon 
 "" , J . jjor can he himself cut timber, or otherwise injure the 
 11 But he may use the land without deteriorating its value. If 
 r'i'jure the land or knowingly permit it to be injured, no doubt 
 r would be responsible to the owner in the event of the land being 
 emeil But it is declared that he is not to be responsible for 
 ' (lone without his knowledge. Under such a certificate the 
 rchaser is entitled to the possession of the land sold, and being 
 oossession he can avail himself of the certificate as a defence to 
 action of ejectment by the owner of the land. Cotter v, Suther- 
 jui 18 U. C. C. P. 357. So it would seem that under such a cer- 
 ificate he may maintain ejectment against any one in possession 
 ider the former owner. lb. In McLauchlan v. Pyper, 2d U. C. 
 ; 528, Wilson, J., said: "After the time for redemption has 
 me by, the certificate still continues in force, and the owner has 
 it his power to redeem. Between that time and the giving of the 
 d to the purchaser, could the purchaser take possession of the 
 id or eject the former owner by authority of the certificate, or 
 [end his possession against an action by a former owner ? I think 
 could. Yet there is no greater right given to him by the statute 
 do auy of these acts under the certificate, after the time for 
 llemption has gone by,* than while it is continuing. If the pur- 
 ler were to enter ju a vacant lot for the purpose of using the 
 without deteriorating its value, could the owner, while he had 
 the right to redeem, eject the purchaser? I think he could not. 
 purchaser cannot use the land while another person is using it, 
 claims the right to use it adversely to him. The use referred to 
 e miLS friidus, as distinguished from the fidei cu7nii>iitHum, or 
 is technically called a use as allied with trusts. '2 Bl. Com. 
 So it is like that kind of use of land for which an action for 
 land occupation will lie. " 
 
 I The rights of the purchaser are described in note j to the pre- 
 
 section. It is here declared that these rights shall cease 
 
 i the time of a tender to the treasurer of the full amount of 
 
 redemption money required by this Act," but no provision is 
 
 I for communicating the fact of such tender to the purchaser. 
 
 IThe commission is "a lawful charge," within the meaning of 
 IIO, so as to entitle the treasurer to sell for it as well as the 
 
 Kl-.', 
 
 Vi<i /■ 
 
 
 i. , ; 
 
 1, --K '■ ,-"' ' 
 
 t'i i ' ■ i 
 
 
 
 
 * 
 
 ■ . 
 
 iMdM 
 
 %■ < 
 
 
 
 i 
 
 
 
 tut 
 
•0;! 
 
 iliP. ;a 
 
 f->l! 
 
 .HV it- 
 
 S'S 
 
 6^4 
 
 Ifeei',etc.,on 
 sales ot Una. 
 
 THE MUNICIPAL MANUAL 
 
 [». 177. 
 
 Bxpensea of 
 nearcta in 
 
 »1fflce (or 
 
 description , 
 
 1 77 Wh^re land is sold by a treasurer according to the 
 
 ^ . ■ !.*■ -PPtiou 164 and following sections of this Aot, 
 provisions otsectio^^^.^^.^^ ^^^ ^^^^^ ^^.^^ ^^^ .^ ^^^^^^ 
 
 heinayaaa t . for the services above mentioned, to 
 
 authorized to CI «^ ^^ ^^^^^ ^^^^^ .^ ^^^p^^^ ^j. ^^.^^ 
 
 the amount ot ar ^^^^^^ ^^^^^^^y performed, (m) and in every 
 such services na ^ in detail with each certilicate 
 
 :?:o!e! SI -e- and costs incurred. («) R. S. 0. ISI", 
 
 0. 180,' s. 144. . 
 
 1 7ft The treasurer shall, in all certificates and deeds gi- en ' 
 ^7^'. \\ -it such sale, give a descni-tiou ot the paitJ 
 forhimls sold f; '7 t^i,.ty, and if less than a ^vhole lo J 
 sold with sufticient cei^ j^^^ ^ ^^^^^^^ description as my 
 
 ««^^,'/^'" Ivevor to lay off the piece sold on the ground; 
 enable a sill *^j _ — 
 
 — ■ ' o ^,. 177 See also sec. 278 of the Muuicip 
 
 Act and notes thereto. 
 
 '•'» •• T r'r:i» ? o» » -twenty .iv»„ac™s o, lot, ^ ic, .,«j 
 118. *^"^ * I , • \Vffiuieut. ('(iill'<^!r 
 
 S^'hri'tl" dS. --^;;^i;i^1rs;'a'd;.;ript.ou by metesj 
 n„Ta lied two ^l^s'^"!'*^'""^ ,.:, ivnce with the statute audtlie r^ 
 SSr^vl^'^^' was not in aecouUnee |w^^ ^^^^ ^^^^^^^^^ ^^^^ ^^^^^^ 
 
 It^Jii 
 
 11 
 
 
 
 was heM invalid. ^'^;^:;:;;.;f'ihe Township of Kimu 
 part of lot 31, in ^^^'r.^^lf ' held iusutttcie.it. Am-ps 
 VI „„ isr-) acres tliereot, nem ..south pait o west hall 
 
ev, according to t\ie 
 
 sectionH of this Aot, _ 
 
 which \ie ia hereViy j 
 
 above mentioned, to 
 
 in respect of w^ich 
 
 cmeA, (m) aiu\ in every I 
 
 1 with each certificate ^ 
 
 ed. (h) R-S.O.W 
 
 tiftcates ai\d deeds greul 
 descri\»tion oi t\ie \ma 
 less tlian a whole loi m 
 e»a\ descn\)tio« as mi 
 , sold on the ground; (o]j 
 
 30 sec. 278 oi the Mumcip 
 
 afpouiidage.tobelemdovej 
 etreasurevisoulyeniM 
 
 DESCRIPTION OF LANDS SOLD. 
 
 s, 178.] 
 
 , , J^^y make search, if necessary, in the registry office, 
 *" Ascertaiu the description and boundaries of the whole 
 ^ 1 and he may also obtain a surveyor's description of 
 
 , ^ 1 V cap. 7 , sec. 13, was,] 
 
 ^thatsideW«^s;"^i 
 
 ^^opSon oi the partkuk 
 r vccov^Ung to the quajd 
 'AaeciUuevuunder.5 U 
 
 ill .wM-PS ot lot, &*-•) *"f 
 TV ofViO acres o{aloto!l 
 
 '' fu the statute :matteol 
 f" >h the statute, the htterj 
 
 ^"'^ «Houbyn>etesandbol 
 t'® m,.\ent KM((ii(/sv. 
 
 40 
 
 "tT r n B 23 "Part of south part 111, in let con. Tay, 
 ^-^■-';nt8utHcient. Gra7d v. OUmour, 21 U. C. C. P. 18. "N. i 
 •"av Dt S. i, 165 acres," apd "N. i 100 and W. pt. S. i, 66 
 *" I'^M liaii on the authority of KnntjyH v. Ledijard, Edinburgh 
 ««"', 7^0 V. /'er(/H«o», 32 U. 0. Q. B. 253. Wilson, J., said in 
 1 tease (p. 270): " I was one of the affirming Judges in that 
 ^'" ikimm V- Ltdyard) ; but I have since, in the case of Booth v. 
 '^ V orf 32 U. 0. Q. B. 23, expressed my opinion that the judg- 
 *" t'' then cave was not the one which I ought to have given, for 
 °h f the wjst part of the south half of a lot containing 65 acres, is a 
 , 1 r irtion of land, namely, the west 65 acres of a particular 
 ^tT ino acres " " West half " of the lot has been held good and 
 lient ^e'^ v.' McLean, 18 U. C. C. P. 416, 419. «(. "the N. or 
 '"ij.J'iu a list under sec. 118 of this Act. Stewart v. Taggart, 
 VtT r ' f! P '^84 "Thirty acres north part of lot 33," is sufficient. 
 I, Wriuht ''7 U- ^- ^- ^- 522. "Rice Lands Paris Hydraulic 
 r,^y^' " ..jjo'tgufficient. Oreenntreet v. Pam, 21 Grant 229. "The 
 It Civ 14 acres of the westerly 90 acres of the north half of lot No. 
 Ir 10th con of the said Township of Innistil butted and bounded as 
 Cows &c.,"8utficient. Amtiiiv. Armstrong, 28 U. C. C. P. 47. 
 rewords "be the same more or less" following the description may 
 t rejected as surplusage. Nelles v. White, 29 (irant 338. The 
 *' m 3es intended to be conveyed bj' a deed were described therein 
 risO acres of the east halves of two lots, "commencing at the front 
 jt halves of said lots, taking the full breadth of each half respectively , 
 druniiing northwards so far as required to make 90 acres of each east 
 ['' Held, that "northwards" might be rejected, being evidently a 
 itake for westward. Ferguson v. Freeman, 27 Grant 211. Where 
 id was divided into blocks, with streets running through them, 
 the blocks were sub-divided into lots which were numbered in all 
 im 1 to 174 inclusive, it was held that a sale of any such lots by 
 lir numbers only would be a sufficient description, and that if 
 ned incorrectly as being on one of the streets it would not vitiate 
 rivate sale, as anything beyond the numbers in such sub-division 
 id k surplusage ; and the same would apply to a tax sale. Aston 
 m 26 Grraut 42. This section requires a "description of the part 
 M'Ah sufficient certainty. This in the same section is defined as being 
 [liia general description as may enable a surveyor to lay off the piece 
 on ik (jroiind." A description by metes, bounds, and courses, 
 relation to the boundaries and courses of the original lot, would 
 e best description. It would be prudent for the treasurer in all 
 before inuking his deed, to obtain a surveyor's description of 
 iiecesold. This, no doubt, would be sufficient to enable the 
 if not any surveyor, to lay it ofif on the groimd. Such a 
 iption could be made out by an examination of the boundaries 
 lewhole lot, and the examination, if necessary, of the registry 
 The government maps may be examined where a full descrip- 
 ,nnot otherwise be obtained. Allowance is made by the sec- 
 ior a surveyor's fee, not to exceed $1, to be included in the 
 irer's account, and paid by the purchaser. 
 
 845 
 
 1 ■ ^hm 
 
 \ , U 
 
 V V r- 'it?: 
 
846 
 
 V * 'HA-' 
 
 
 
 L^^J^ 
 
 !»"'.!» 
 
 •%fr:-.- 
 
 THE MUNICIPAL MAlv'lAL. 
 
 [«. 178. 
 
 such lots, to be taken from the registry office oi- tl 
 inent mapn, where a full descripti'^n cannot otl ,,®'^^^'^''" 
 obtained, such surveyor's fee not to exceed Si .'*"*** '* 
 charge so incurred shall be included in the account '^ i ''"' 
 by the purchaser of tht« land sold, or tie caitv ] ^"''' 
 the same, (p) R. S. O. 1877, c. 180, s. 145. ^ ''^"^'^"'i « 
 
 TreMurer 
 entitloJ to 
 no other 
 fcet. 
 
 179. Except as before j^rovided, the treasurer shall 
 entitled to any other fees or emoluments whatever f ^^ 
 services rendered by him relating to the collectin r'^^ ^"^ 
 of taxes on lands, (q) R. S. O. 1877, c. 180, .s. ut '"''^''" 
 
 Owner* may, 
 within one' 
 /ear, redeem 
 eplatc Bold 
 by paying 
 purcb'«e 
 motley and 
 10 per oeut. 
 thereon. 
 
 180. The owner of any land which may liereafter 
 
 'je sold 
 eii-s, executow 
 
 for non-paj- '.nen* oi" arrears of taxes, or his b 
 administrators or asaigns, -^r any other person ji'^ ""V" 
 any time within one year from the day of sale' excl '^^'■' 
 
 exclii^ 
 that day, («) redeem the estate sold by payin<' or to i • J 
 to the county treasurer, (i) for the use 'and lenefit'^of'tJ 
 
 [p) See sec. 179. 
 
 {q) Tt is a gcn'irsl principle that every fee to a prWic 
 have ^ legal origm. Askiu v. London Diiitrirt ('ov>uil 1 
 292 ; ....d where a statute allows certain spei,iric(l f..J;s 
 oflRcer, no others are in general allowed. See Jloulcn v 
 U. (./'. 0. B. 180 ; In re Davidson and Waterloo, 22 U. (' 
 see further, note c to sec. 278 of the Municipal A'jt. 
 
 (r) The right to redeem is given to the owner of the land 
 heirs, executors or administrators, or to any other person \^k 
 claiming title or not. McDowjall v. McAlilUtn, 25 U. C t P l 
 Such was the law before the passing of this Act. ' limilKm \ u iJ 
 32; fifchrifit v. Tobin, 7 U. C. ^ "'>n\.u„iti 
 
 officer mm 
 U. C. Q, 
 to a publj 
 
 Q. R 
 
 2 O. S. 362 
 
 C. P. 141. 
 
 (h) The time for redemption is, " any time within one year [A 
 the day of sale, exclusive of that day." Where tlie .sale took dU 
 on the 7th of October, 1840, payment of tlic: redemi'tion moneiT 
 the 8th of October, 1841, was held too late. Proud foot y. BtiM 
 U. C. C. P. 52. But the payment on the 7th of October, \il\ J 
 have been sutKcient. Jb. The statute of limitations does not hi 
 to run against the purchaser until the period for redemminnl 
 expired. Smith v. Midland liy., 4 O. R. 494. ' * 
 
 (0 In Allan v. HcmiUon, 23 U. C. Q. B. 109, the land ws,J 
 in October, 18(50. The land was soM for the taxes of I'-'o-ojl 
 1869, under a '.varrant dated 11th June, 1860. The a..ioui.t pail 
 the purchaser was $31.51. In January, 1861, the owner of tht? 
 applied to the treasurer to know the amount of taxes thon dJ 
 the lot, and was told $37.48 for the years 1855 to J 860 inclj 
 This was paid, and a receipt was taken for the taxes for those j 
 The treasurer, in March, 1861, went to the sh:.'rifi"s otiice, 
 caused an entry to be made in the book of saks, opposite to tu 
 that the taxes had been paid with n two mouths after thesaleJ 
 
 m "^m 
 

 AL. 
 
 [t. m. 
 
 i , 180.] 
 
 IIEDEMPTION OF LANDS SOLD. 
 
 847 
 
 y office ov tlie govern- 
 cannot ot\ierwwe U 
 exceed $1 ; and tW 
 
 [\ t\ie accoimt awl paid 
 
 ,r tbe party vedeera; \q, J 
 
 ), s. 145. 
 
 he treasurer shuU not Wl 
 lents wlmtever for any 
 the collectiovi of Avram • 
 7, c. 180, 8. Ui). 
 
 Lch may hereafter he sol^ 
 i or his heirs, executoin 
 >tUer person, (r) may, %l 
 . (lay of sale, exclusive ol 
 id by payiuj; ov tendering 
 le use and benetit of th 
 
 h ser or his leg"'! representatives, the sum paid by him, 
 I P^'Vg,, with ten per centum thereon ; (u) and the treasurer 
 
 1 1 nav the purchaser the redemption money, and that no deed 
 Ue wouW P y ^^^ rjl^g purohiiser was afterwards, and before any 
 Uasto '"' p g,,^ j-oifi ^vhat had been done. Bat for some unexplained 
 [deetlivasg ' ^g notwithstanding, given. Held, invalid. In 
 r*""'' " Goodyear, 26 U. C. Q. B. 448, an entire lot having been 
 Ipdjiiie ^■ ^^^ ^ person paid the redemption on thvi east half, and a 
 IboH .j.j,q,i the redemption on the west half. It was afterwards 
 
 jiifftreut P« '^^ ^j^^ coimcil that the last mentioned payment was a 
 Ijepre^eiitec ^^.g^suver having been ordered to refund, applied 
 
 Imistiikf.'i" ^^j^^jj jjffgj.^.nt j-^^ jj^y^ ^j^^^ ^jjg ^^gj. j^,^jj ^^^g 
 
 ""rwretleomed. In giving judgment, Draper, O. J., said : "The 
 " t sell Ifvnd was created in order to collect a tax, and the same 
 ''"'^ tl it isiHuenced the Legislature to enable the true owner of r. 
 T 'iv li'is proper part of the taxes on the whole lot, would exisv 
 Ihvoiir to permit him to redeem (that part). . . We think 
 in .iccordanco with the spirit and intention of the Act to 
 ri"^^*it the benefit conferred on owners of land, under the circum- 
 .' stated in the 113th (150th) section, should be treated as 
 "'** owners similarly circumstanced as owning a sub-division 
 
 ery fee to a pvbUc officer nwij 
 iHatrid ('o>n:Al, \ U. t'. Q.L 
 bain spe'-'rie^^ foes to a publ 
 
 TWeWoo,'2-2U.C.Q.l'.,4(^ 
 Municipal A'^t. 
 
 the owner ot the land or 
 to any other person, «hell 
 ,, i\/(;iUi//««,25l.C.t,V 
 of this Act. Bonltony.hW 
 C. C. P. 141- 
 Ly time within one year fi 
 '*» Where tlie sale took pi 
 nt of tV.c ledemvVion mm 
 loo late. FroHdfootv.M 
 Hhe 7th of October, lb41^. 
 ,,teof limitatwns does not K 
 I the period fui- vederapim 
 
 10. R- 494. 
 
 C Q. B. 100, the land wd 
 iM for the taxes of .^>oH 
 
 aary, ^^^Yn^ taxes thon dl 
 'the amomit of to« J 
 
 fr^Tortietax'^J'-^t^^^l 
 r'^'l to the sluniffs ofiic^ 
 
 k:; koUs:^^, opposite to t^ 
 
 ,u"two months after the sal 
 
 L linff to owners SlllUItlllJ' Viiiwuu»ai;ivi»\^tivi i«o un iiiii^ o ouw-iii v loil^lj 
 
 M t ind to enable them to redeem on adducing satisfactory proof 
 I'.r li'faaiirer of the sub-division. In our opiMion, therefore, the 
 
 nt received by the treasurer of the proport on of the arrears of 
 ^'for which lot ill was sold— which would be, and mi fact were. 
 
 in respect of the east half only— was an effectual redemption of 
 ]i,,lfot'lheli'f- And we proter to rest our conclusion in favour 
 fchedefeadants on this g.ound, to entenug upon the (to my appre- 
 uiou) more doubtful q jestion— on the payment made by mistake 
 lewest iialf of thekt,— a payment which, at first glance, can 
 Pv be said to have re leemed the lot, without holding that the 
 u)otthesub.stauce, ill to be considered by the Court," &c. If 
 lowner, insteid of paying the redemption money to the county 
 lurer for the vendee, pays it to the latter personally, and he 
 Wsit the payment is in equity as efifectual to save the property 
 tyraent to the treasurer would have been. Cameron v. Banihart, 
 tant 1)61. So if the vendee verbally agrees to accept payment 
 allyat a distance from the county town, in lieu of its being made 
 treasurer for him, and the owner acts on this agreement, the 
 nnnot .-fterwanls, to the owner's prejudice, require payment 
 money to the treasurer, refuse to receive it himself when it is 
 ; 30 pay it to the treasurer, and insist on the land being forfeited. 
 i^'hert such an agreement was proved by a credible witness, 
 lere wis contradictory evidence as to whether what took place 
 ited to an agreement, the Court, holding that the presumption 
 >seof doubt must be in favour of fair dealing and not o'' for- 
 gave the ov/ner relief. lb. 
 
 en the redemption money la paid, it oocomes the money of 
 Irchaatr. and not of the municipality. Wilson v. Huron and 
 18 U. C. L. J. 135 ; Botilton v. York and Peel, 25 U. 0. Q. B. 
 I all rights of the purchaser in regard to the land cease from 
 ke tue money is paid or tendered to the treasurer. Sec. 175. 
 
848 
 
 Deud ot caU' 
 It not 
 rftilRcmed. 
 
 
 Meaning of 
 words Trea- 
 Hurer and 
 Wardon. 
 
 THB MUNICIPAL MAKUAL. [i IJQ 
 
 *i, T»«vtv paving svich redemption money, 
 shall give to *;« P'" ^ ' ii .nd the ob^ 
 
 o"l877, c. iSO, «. U7. , ... . ., 
 
 , 1 <1 i^ not redeemed witluu the period 
 181. I^*^'^ , 'lion being one year excUisiveohhed^ 
 allowed for its ' "l'®*"^ . . j/^^ ^^ the douiand of the purchase 
 of siile as albresuia, ^w ^j^^^^^ ..epresoutative, at auv tin 
 or his .ussigus, or ^^^ ^^^^.^^^^of $1, (■«) the treasurer sU 
 afterwards, anti u ^ j^_^^^ ^^^^ warden, and dehver to him i 
 
 prepare '^"^\«^^°;;' K„„te of the land sold, in whichdeeda 
 ?bem, a deed m ^^ H'^^^^^^^^i^^ed a', tbe request of the pd 
 uurober of lots tn y be ^^ ^^^ ^^^.^j^aaer. (j/) R. S. 0, l»l| 
 chaser or any asbi^i 
 
 c 180, s. 14B. , „ . , 
 
 1 "tvPftsurer" and "warden ui the) 
 182. The words W ^^ ^^^^^^^ ^^^^^ ^^ ^j^^ ^^^^^^^^ 
 
 ceding section shaU me ^^^^^^^^ion mentioned hold 
 execution ot the ^^^^^^"^ ^y^y, «. 180, s. UD. 
 saidortices. (s) i^|^J^;_____ 
 
 ^ZTeUetime for re.lemption is past suco 
 
 Where the P^'-'^l^'^'^r^fsale av<>u\ea, he will be made to do ,^, 
 
 and pay ^"*' I -» Crant 92. 
 
 ,-. il/o,i<ar/«e. 9 ^^'t-'^^^' ,^.^^^ g„^ paid ; 2, The objecl 
 
 /„^ The reeeipt must state . , ,^^.^^^ .^^ ^^^ ,j,^j ^^^^^ 
 
 ILit And when these things a ^^^^„ ,ti„„, .-jh,,, 
 
 KH^ -e.pt i--^,i;t^iuVe evidence of the rede.pti 
 
 See -S'mt</i v. lUakey 
 
 (^.) See note s to sec. _ ^^^,3,, &c., and on paymentdl 
 
 , \? ^l^ttSritl^ treasu^^^^ep^^^ 
 
 tt?,«e to comply^- -rry^^of damage. .^>.g^ ^ 
 
 To' S 441 see also. I^<f!'^Z{.Se^->--^ shall havethef 
 teVtht'i>nnme.^voned-£^^^^^ 
 
 ^nentioned in sec. 183. ^l^ ^ ^^^^ ^ ^^,^^ 5 0. S. 433. 
 
 of the purchaser. ^ assignee otherwise requestwl 
 
 /,A Unless the purchaser or his as g ^^ch separate parcel ol 
 
 AYatrer ^ ^ --.td a^rgt the sum oi cue dollar. 
 sold, and for each sucti ^^ ^^^^^^ ^^^ i 
 
 s rru ^ffpotof these woras will connection will 
 
 warden tor I'lic ,oT-f n.C. P.4i"' . '^ ,„;n !>« anDaren al 
 Belly. A^'^^^""' i?v for such a provision will be appare ■ 
 211. The necessity lor 
 
REQiaTRATION OF DKBD8. 
 
 SJU 
 
 183 
 
 The deed shall be in the form or to the same effect 
 
 and "warden" iu tliepj 
 »ersous who at the time of t 
 section mentioned hold 
 
 r c. 180, s. uy. 
 
 rchaser.&c.andonpaymenrfj 
 
 iaaurer to prepare auaexecute(| 
 
 ,n duplicate of the land soU. | 
 
 lie acaiust him, at the suit oil 
 
 hedule K., and shal have thej 
 ,ed maybe demauaea by ana^J 
 
 Bell V. Orr, 5 0. S. 433. 
 
 U assienee otherwise requestort 
 deAX each separate parcelol 
 .argethesumofonedoUar. 
 
 , will be to enable the succcMJ 
 
 i. \\,« deed in connection wii 
 xite the (leeii " pi 
 
 ^416- i.V.r»H-so'iv.^Veema..2;l 
 ; a provision will be apparent. 
 
 Schedide K. to this Act, (a) and shall state the date 
 
 '° ,ge of the siile, and the price, and shall describe the 
 
 l'^'*'coi(li"l5 *'• ^^^ proviHioiis of section 178, of this Act, 
 
 I Ishull liave the ettect of vesting the land in the pur- 
 
 " ir his heirs imd assigns or other legal re[)resontatives, 
 
 iT simple or otherwise, according to the nature, of the 
 
 Tor interest soKl ; (c) and no such deed shall be invalid 
 
 y error or miscalculation in cho amount of taxes or 
 
 t thereon in iirrear^ or any error in describing the land 
 
 III afpnted" or "uni)atented" or "held under a license of 
 
 „|ln."('/) R.S.O. 1877, c. 180. s. 150. 
 
 ^Q4_(l) The deed shall be registered in the registry 
 . of the registry division in which the lands are situate, 
 hill eighteen months after the sale, otherwise the parties 
 jiini'uniler the sale shall not be deemed to have pre- 
 Lj °|,pir piiority as against a purchaser in good faith who 
 lre''istere(l his deed prior to the registration of the deed 
 I the warden and treasurer, (e) See Rev. Stat. c. 114, s. 78. 
 
 CuntentH of 
 dHHil anil 
 affect 
 thureot'. 
 
 Deed to be 
 
 reglRterpd 
 
 within 
 
 «ii;ht««ii 
 
 iiiontha to 
 
 ubtain 
 
 priority. 
 
 I to McMilhni v. McDonald, 23 U. ('. Q. B. 454, nndJones v. 
 \n,U U. C. Q. B. 345. In liri/ant v. Hill, 23 U. C. Q. B. 96, 
 J lands were sold under the 6 Geo. IV. ch. 7, but no'deed made 
 [after that Act was repealed it waa held that the deed was in- 
 
 asuo provisiiin had been made in the Act for such a case. Sea 
 
 '\lcDomdd V. McDouell, 24 U. C. Q. B. 424. 
 
 iWhen the Legislature provides a form of a deed or other con 
 
 ^e, that form should be as nearly as possible followed. See 
 
 f to sec. 330 of the Municipal Act. 
 
 fe sec. 178, and notes thereto. 
 
 [he form of the deed is one thing ; its effect, another. It is 
 1 that the deed nhitll be in the form given, and when in such 
 dl have the efi'ect of vesting the land in the purchaser in fee 
 
 I or otherwise, according to the estate or interest sold. See sec. 
 notes thereto. It is not declared, as was declared in Con. 
 
 J. G. ch. 55, sec. 160, that the deed shall vest the land in the 
 er, "free ami clear of all charges and incumbrances thereon;" 
 
 bsidering that the taxes accrued on any land are, by sec. 137, 
 
 kspecial lien thereon, having preference over all claims, liens, 
 8, or incumbrances to any party except the Crown, it is reasou- 
 atend that it shall convey the land free of incumbrances. 
 
 Phere the taxes due were $2.30, but the amount was by mis- 
 ered in the treasurer's books as $2.50, it was held that the 
 
 I did not vitiate the sale. Claxton v. Shibltj/, 10 0. R. 295. 
 )ier, as to the binding eflFect of the deed, sees. 188 and 189, 
 
 I thereto. 
 
 ) provision as to the registering of a deed given upon a sale 
 
 1107 
 
 IU 
 
 \-\nl- 
 
m 
 
 mm 
 
 i 
 
 11 
 
 'A 
 
 fy 
 
 Ki 
 
 850 
 
 KuKi*tratloii 
 of ileuJt. 
 Her. 8Ut. 
 o. U4. 
 
 THR MUNICIPAL MANUAL. 
 
 [«. IHI I 
 
 On wlmt 
 certlflcato 
 RrgiKtrnrN 
 to ragMer 
 aherlflTn 
 de«dii of 
 laiidH xnid 
 for taxi^n 
 btiforu 1851. 
 
 (2) The rogistrar or deputy registrar upon pio,!,, . 
 the tluplicato deed, (/) hIuiU enter tho mum in h ' 
 
 lOll 
 
 „ ''•'g'«tr;,ti, 
 
 «• 0. 187 
 
 book, and give a certificate of hucIi «uitry arid 
 in accordance with 27ta Rcgiatry Act. (ti) u 
 180, fl. 151. 
 
 185. As respects land sold fi>r tuxes before the 1 
 January, 1851, on the receipt by the rogiHtrar of tl 
 county or place, of a certificate of tho sale to tli '' 
 under the hand and seal of otKco of tho Nhoriif st !■' "^ 
 name of the iiurcluwer, the sum paid, tho number* 'f' 
 and the estate or interest sold, tho lot or tract of V i*^ 
 
 same forms pait, and tho date of tho ;shorifl"« r.«... ' i 
 
 _ " ^'^"^•-yiiiicel 
 
 for taxes iipfjlica as well hetwooii soveial purchiiHciii t 
 Bftlus for taxes as between a purohaaer tlioroiit iiinl tliu v. ^'"'^'^'^ 
 owner. A^fon v. funis, 26 (irawt 42, See also .ymi/A,. uf"! 
 //>., 17. '""^"^•'•/'•W^ 
 
 (./■) The provisions o" tho Registry Acts are a» much annli ii 
 deeds of this kind as .my other deeds. Sue /)o,- lirniwinv 'f)\ 
 4 U. C. Q. H. 8. But no proof of execution is apniiifutlv iip J 
 in order to satisfy tlio rogistrar. He is, "/'«« /"W*^io ? 
 duphcate deed to outer tho uistruincnt ni tiie registry hoik trj 
 bf)und to give a certificate of tlio entry and roiji.stratioii* s 
 
 {>ro vision is also, by this Act, made for tlie registrut'ion of ,1 ! 
 and sold before tho Ist .Fanuary, 18.51, sec. 18,i, or hdKI liet ^ "' 
 Ist January, 1851, and prior to tho 1st January, IHGO. s,.- 
 
 {</) It was declared by the Registry Act of ISd,-). wliidnv is te 
 on tlio 18tl> September of that year, tJiiit every deeil niivl' | 
 slierilf or other officer for arrears of taxes siiould luireLMsterel •li 
 eigliteen months after the sale by sucii sheritl'orrjtherotficer' "1 
 otherwise tho parties claiming under authority of .such sale 
 not be deemed to have preservetl their priority agiiingt a in h 
 in good faitli, who may have registered ins deed prior to tliu l 
 tration of sucii deed from the slieritf or otlier otHour. stat ''11 
 0. 24, 8. 56. It was, by tho same statute, declaruil tliat aH 
 for lands sold for taxes Ijcfore the passing of the Act .slimilil he 
 tered within one year after the passing of tho Act on poril of 1 
 priority as against a purchaser in good faith, who luigln iiave acij 
 priority of registration, Ih. sec. 57. This Act wa.s repeaieiian 
 substance, re-enacted by 31 Vict. cap. 20, Out. In ejectmeiitj 
 plaintiff claimed under a tax title made in 1839. The siieritf'sl 
 was made on 10th July, 18-10, but not registered till 18tii July, I 
 The defendant claimed under the heir-atJaw of the pateiiti 
 deed dated 18th May, 18-35, aiul registered on 5th July, 1855. 
 that the title being an unregistered one when the sheriff's deeJ 
 given : that the deed did not require registration to preserJ 
 priority : that, having been registered before the L'9 Vict c. ! 
 57, repealed by 31 Vict. c. 20, s. 59, Ont., it was unueeessj 
 re-register it under those Acta. Jones v. Oowdm, 34 U. C 
 345 ; 36 U. C. Q. B. 495. 
 
MANUAL. [g. \^ ^j 
 
 istrai- upon pvodiictinn , 
 V tlio aivino in tlie ri; im 
 uli outry ami rogUtutii 
 Act. i'j) R. 8. 0. I8]l,j 
 
 uxecutioii is apiiartiitly necesi 
 He is, »/*o/i iinidnclm oi | 
 ent in tlm registry liooli. 
 entry ixiul ri'^istnUioii. S|i< 
 I for tlie rtigistnitioii df iItoIi 
 $51, Hcc. 18."), or bDlillwtweiu) 
 Ist January, IHGIi, St-e, isii' 
 
 jry Act of 18(15, which WiwiM 
 ear, that every dectl iim^le L 
 ' taxes shnnhl hi: registered wij 
 iich sheritr or other otRcer, * 
 er autliority of such sii'e 
 heir priority agaiiibt a ^v.m]i 
 ored his deed priur to tli>; i1 
 tVor otlier offioer. Stat. 'ilH 
 Btatute, deuhxretl that nil " 
 pasnint^ of the Act Hlumlilliei 
 ising of tlie Act im peril of \i 
 )od faith, who might haveacqi 
 '. This Act was repeaUanj 
 cap. '20, Ont. In ejectmeiitJ 
 madeinl8S9. The sheritrs 
 not regiatered till I8th July,] 
 > heir-atdaw of the pateutr' 
 rigistered ou 5th July, 1855. 
 d one when the sheriff's im 
 ■ciuire regi:<tration to preserj 
 tered before the 29 Vide. 
 59, Ont.,itwasunuoce«a^ 
 Jones V. Cowden, 6i U. I. 
 
 ENTRIES OF DKSCRIPTION OF LANDS. 
 
 I g,. |,ia lioirs, executors, adniiniHtrutoi'H or assigns, 
 P"!|^Jii" ,,,'„lnction of the conveyance from the shoritl" to 
 Lslr his heirs, executors, administrators or assigns, 
 
 ^fistrm' 
 
 \\i': 
 
 \0 
 
 8ft I 
 
 '''"'^/'stwr' shall register any sheriff's deed of land sold 
 "^^' before the 1st day of January, 1851 ; and the mode 
 
 I 1 iristrVHliall l)e the entering on record a transcript of 
 K'lfof conveyance, (i) R. S. O. 1877, c. 180, «. 162. 
 
 Ah respects land sold for taxes since the Ist day of J}';;'"'"^ 
 18'>1 and prior to the 1st day of January, 1866, mteof 
 ^"*-'rsi.all also give the purchaser or his assigns, or-rej^lic:: 
 , I »iil reprosentutives, a certiticate under his hand and »'nc« '»|>|>- 
 '{office of the execution of the deed, containing the an^ Wor"' 
 liars in the last section mentioned ; (j) and_ such cer- H'-Jy;;"''' 
 for tlie piii'poso of registration in the registry office regig'trution. 
 'roper registry division of any deed of land so sold 
 *xes shall be deemed a memorial thereof; and the deed 
 ije re"istered ; and a certificate of the registry thereof 
 bet'ianted by the registrar on production to liim of tlie 
 ami cpftiticate, without further proof ; (k) and the 
 trar shall, for the registry and certificate thereof, bo 
 led to seventy cents and no more, (l) R. S. O. 1877, 
 s. 153. 
 
 The treasurer shall enter in a book, which the TroBsurer to 
 ly council shall furnish, a full description of every "ook'dMcrip- 
 (of land conveyed by him to purclmsei-s for arrears of tionsof 
 with an index thereto, and such book, after such vuyod to 
 ibave been made therein, shall, together with all copies },'"^°'""*'' '''^ 
 Hectors' rolls and other documents relating to non-resident 
 be by liini kept among the records of the county, (m) 
 (0. 1877, c. 180, s. 15-1. 
 
 Ms of land sold under this Act are to be regiatered on mere 
 (tion of the duplicate. Sec. 184, sub-s. 2. But where the sales 
 »ee before the 1st January, 1851, a certificate imder the hand 
 ilof office of the sheriff is in addition required. 
 
 mote /to sec. 184. ^ 
 
 t note h to last section. 
 
 jDote/tosec. 184. 
 
 ! note 7 to sec. 179. 
 
 latries made in such a book, as to the particulars mentioned, 
 I the erent of the death of the recistrar, be evidence of the 
 ■ein contained. See Smith v. Blakey, L. R. 2 Q. B. 326. 
 
 ''if 
 
 ); 
 
 r - r;- 
 
 
 ''Mm 
 
 ■ ■ ■, P 
 
 iasWi 
 
 - -I- -i T" I 
 
 
 ^^ ' 
 
 
 m 
 
 ■Hffl 
 
 ^n 
 
 
 ''\ 
 
 
 
 i 
 
 
 kB^ 
 
n ''■ ■ ■ 
 
 .• 
 
 ''' i , 
 
 •. 
 
 n\M. 
 
 v., if 
 
 ■iS'- 
 
 i 
 
 «52 
 
 THE MUNICIPAL MANUAL. 
 
 m. 
 
 ill 
 
 De«d to be 
 bindini; 
 on all. if 
 land not 
 redeemed 
 
 (<-l 
 
 188. If any tax in respect of any lands gold U ti. 
 surer, in pursuance of and under the authoritv of fi. 
 «aeeme« "^^^^ Act o£ 1869 or of chapter 180 of the Revljlf 
 
 »-6» auv ' year or more years preceding the sale thereof /n^ j 
 same is not redeemed in one year after thesaids 1 T 
 sale and the official deed to the purchaser of an ^' u 
 (provided L'-e sale be openly and fairly cond^uS 
 be final and blading upon the former owners of tl 
 lands, and upon all persons claiming by. through 
 them (/?)— it being intended by this Act that air 
 
 («) See note /to sec. 160. 
 
 (o) See sec. 180, and notes thereto. 
 
 (p) In Coffer v. Sutherland, 18 U. C. C, P. 390 Wilgon I 
 " We should require strict proof that the tax has been 'J 
 made ; but in promoting its collection we should not surr 
 procedure with too unnecessary or unreasonable rigour Vv" 
 see that the law is honestly and fairly carried out, and that 
 tice is done to the owner or the public, and that the olail"!/ 
 chasers are properly maintained. A substantial rather than M 
 compliance with the provisions of the statute will more eauallJ 
 quite fairly protect all parties." This language was quote* 
 approbation by Chief Justice Richards when delivering t^ 
 ment of the majority of the Judges of the Court ofEriJ 
 Appeal in Connor v. Dimglasn, 15 Grant 456, 464 In P™ 
 Goodyear, 26 U. C. Q. li. 448, 451, Draper, C. J., in delive 
 judgment of the Court, said: |'The primary, it maybe 
 sole object of the Legislature in authorizing the sale of la3 
 arrears of taxes was the collection of the tax. The statutes wi 
 passed to take away lands from their legal owners but tol 
 those owners who neglected to pay their taxes, and from who] 
 ment could not be enforced by the other methods authorized | 
 by sale of a sufficient portion of their lands." In Cook v. jj 
 Grant 489, the present Chancellor said: " The language ( 
 .lustice Draper in a previous case, Payne v. Goodyear, 26 U,L 
 451, states accurately, as I think, the purpose and character] 
 statutes. — (He then quoted the language of the Chief Justice! 
 and proceetlcd. ) — This is the language of a learned Judge 1 
 posed than some other Judges of the Courts, and less disix 
 the majority of the Court m Connor v. Douylass, to holcf 
 not vitiated by irregularities. I think that Mr. Justice W 
 Cotter V. Sutherland, takes a just view of the objects aud i 
 these statutes." In DeverUl v. Coe, 11 0. K. 222, a 
 expressed whether when thb land is sold at a gross unden 
 sale can be said to be fairly conducted. See also Hrndtij r.i 
 15 O. R. 275. Where the advertisement of sale did not state! 
 the land v/cts patented or unpatented ; and where the part { 
 not the least disadvantageous to the owner, and where, tiif 
 owner of the land was known, he was not notified of the a 
 And, liability to sell as required by sec. 141, it was held i 
 

 EFFECT OF DEEDS. 
 
 85a 
 
 [. C. C. ?. 390, Wilson, .l.,j 
 that the tax has been lai 
 ioa we should not surroun 
 unreaaonahle rigour. Wei 
 rly carried out, and that no I 
 blic, and that the claims r' 
 A substantial rather than a I 
 the statute will more equallj 
 This language was quote* 
 chards when delivering thel 
 ulttes of the Court ot Ernf 
 ^5 Grant 456, 464. In Put 
 Draper, C. J., m deUverij 
 "he vrimary, it may he - 
 authorizing the sale of 1 
 of the tax. The statutes 
 their legal owners, hut to j 
 
 V their taxes, amUrom who! 
 e other methods authorized, I 
 their lands." lnCVwJ:v,J< 
 
 lor said-. ';Tl»eW«^«' 
 Poynev. Goodi/ear,26U,( 
 
 ' the purpose and charactetj 
 'nfl-uage of the Chief Justice 
 Age of a learned Juilgel 
 the Courts, and less .hsooi 
 
 think that Mr. Justice W 
 Itviewof theohjectsaudr 
 
 V Coe U 0- 1^- *^' * 
 kd is sold at a gross under 
 
 ucted. See also Hrndty .1 
 Sent of sale did not state! 
 Sed; ami where the part J 
 o the owner, and where, JJ 
 '?e was not notified of e«J 
 
 bysec. I4l,it«»'«'^^' 
 
 be required to pay the arrears of taxes due 
 
 «f riired by this section. Ilaidey v. Somera, 13 0. R. 
 jvere noc cu J^^^^ jg q r 275. " The strict enact- 
 ,,liirmed oii_^ ^^^^ ©^g ^^^^^ ^^ ^^^^ jg^ ^^^^ jgg^ should be 
 
 i»f *f terhaps something might be done in favour of such 
 ijeo, »o'| r^^gj|jjjjjj„t^ by some retroactive eractment, who are 
 -. as tne ^^ ^^^ land. But what would be infinitely better 
 end to the sale of lands for taxes. Tliese sales 
 
 if in enCl vO tile OaiC VA .-MiJlta Xi'l bttA^O. J IICOC; OUICB 
 
 '""? There at a time whin the country was thinly settled, 
 jdoptei ^^ 'j^^^j ^^^g jjgj^ ^y absentees and other nonresi- 
 
 '^'i the taxes oould not otherwise at that time be collected 
 
 *" harceable against them, and lands were comparatively 
 
 i«ere c fe^^ country is in a different condition now, and it is 
 
 ttle *»'"^' ^jjggg gj^ijjg^ which are used for tlio benefit of spccu- 
 
 l" and who are furnislied by government with the power of 
 
 ■ -the innocent but careless landholder of his property, or of 
 
 """^f m him the most extortionate demand for getting back 
 
 ^""^ "^stice his own. Means may be devised by the legislature 
 
 ""thi"e arrears placed yearly upon the collector's roll for col- 
 
 '" til they are paid, and if they are not paid in some few 
 
 ""live let the municipality become the owners of such lands 
 
 *'^. terras and conditions which may give the owner a chance 
 
 hi 111 for a longer period, and if not redcemod, with power 
 
 "Incil to sell such lands by public sale, and to apply the 
 
 ' J - ^ ti,e benefit of the municipality. If any one is to profit 
 
 ffisalesletitbe tJie niunicipality, or in other words the pub 
 
 1 t the nrivate and unineritorions speculator. " Per Wilson, 
 
 /;Cn7/v.6V, 110. H.p. ->36. 
 
 section declares that the sale and the official deed to the pur- 
 [of !»iiy anch lands (providi'd the tmlf he o/xnly nnd fairly con 
 Lliiill he final and binding, *c. To allow bidders to buy oil' 
 kilt such a sale, and so to combine to iircvent a lair compt;- 
 [isillegal. Such conduct is against the policy of tlio law, as 
 regards auction sales as a just and open method of selling 
 Itvfirtlie best price. It is also against the policy of tht; 
 lent laws which appear to liave been framed with an anxious 
 hhatwheu land is .sold for taxi'S, as small a (in.intity a.s pos- 
 Liild he sohl. Where competition is bouglit otl" or silenced, 
 Imisapplication of terms to call a purch.ise, a purchase at 
 L If the treasurer, when selling lands for taxes, sees that 
 ■tion-the essential element of an auction sale — is virtually 
 In, it is iiis duty to adjourn tlio sale. The course proper fi>r 
 Lurerumler such circumstances, may be attended with diHi 
 [but tiie law has ;• right, to look for the exercise of sound 
 V and discretion, as well as firmness in the execution of such 
 Per Spr.-igge. V. C, in llmry v. liurness, 8 (irant 357. An 
 mt by parties not to bid against each other is not illegiil 
 Ironi the circumstances connected with it, it amounts to a 
 [the Court. It makes no difference wliether the sale is by 
 jauction, or under an order of the Court or at a tax sale. 
 , ifwi/", 8 0. R. 69. Where one of the aheriir's oflicera con 
 sale at which he knocked down without any competition, 
 «r oicer of the sheriff, a lot of land worth about £350 
 
..854 
 
 thereon 
 
 THE MUNICIPAL MANUAL, |^g. \^ 
 
 within the period of three years, or redeem tk san 
 
 "Z 4J7IO3 the sale was declared void. Mmir^herd 
 
 for less tl^ajn *' . go Where a lot was put up for sale on the 1( 
 Montague, 9 ^r&m "? • .^ purchaser offered to take 29 acres s 
 of April, when an ^^^^^^^Is refusM to carry out the purchase, - 
 pay the ta,xeB, oui^ ^^ ^^ adjourned sale, the same person - 
 in the July *9" ," f ' the taxes upon the statement that he 
 chased the 200 a*'!^^". . , ^ the land, which he desired to conJ 
 already acquireaa vi ^^^^^^ ^j^^ ^^^^ ^^ ^^^^.^^^ 
 
 •and with a r«<l"''f .re Q. K 614. See also Raynes v. Cm. 
 Todd V l^«^' ;5 .^McAdie v. Corhy, 30 U. C. Q. B. 549. If 
 14 U. C. '^^ ^- ** ' . xu„ time of sale, subject to assessment 
 land sold were not, al^t^ Reaumore, 5 0. S. 433; Stred v. Ka 
 sale for taxes, i'oe . bgtore sale the taxes be paid 
 
 U. C. C. p. 255, "rjf at any t ^^ ^^^^ ^ ^ ^ ^. 
 
 sale would he mvalid. 2 ^^„,^^,,,^ 3 q. S. 243; .%«v.b3 
 & J. Dig. 241 ; ^««/"yut the payment to l.e effective mJ 
 17 U. C. t/. r. ov« . Qyed to have heen made to some d 
 
 against the tax deed, oe p ^.^^^ .^^ ^^^ ^ ^^^^ n 
 
 entitled to receive it a^ tn^^ ^^ ^^^,^,.^ ^ , ,^,^^^^^ j^ u. C. Q. b1 
 Mattheson, 9 U • v.^- vt- • j^ 299, and be proved beyond rel 
 
 Jar vis V. ^*-««if' Vn„./j V iJoioe, 9 U. C. C. P. 76. If voluni 
 able doubt, ^'^'^^^"f'l be recovered b:ick. Amlin v. sJ 
 paid, the >n«««y *^'^ee also S«ree« v. Simro«, 12U.C.C.P.3 
 
 E. & A. 211 ; see lu ' 335 ^ tax sale for more thd 
 
 m rofcto :['"fX\^^{ an \ bind.ng under 27 Vict. c. 18,] 
 due was held not to oe ni ^^^ ^^^^ ^^^^^^^^ ^^1 
 
 - Trom which this ^^^f'^^ZTurl Life Ass. Co.y. FergmnM 
 cordially aPP'-'>t?n;on ? saVd : '*! do not see wliy the merej 
 B. 268, where vVHson' ;"•' treating them as a single chi 
 
 together of the two rates, ^and ^^^^ ^ H^^^ ^^^^ ^^ ^, J 
 
 the whole lot, the suin ^.^^^^ ^^ long as he ti 
 
 a part of the whole ^ot».sJ^l .^n, should » * deeatf 
 
 lots are owned by the »an._^ p ^^^ ciaxtony.ShUeyA 
 
 , openly and fa^^^y^^^jf 29 Grant 338. It is competent, wfl 
 
 • 295 ; Nelles v. ^^iU^.^^ conducted, to sell the wliole lot J 
 
 sale is openly ^ ^8% C C. P. 357. The Court wdlj 
 
 Cotter V. Sutherland, i» J^ • ^ ^.^^ supposition that J 
 
 such a ca-^e. presume against a sa y^les made after tJ 
 
 a was sold f o;;;J^J;e vS ^^- ^o where the sakj 
 day of the writ to sell, are considered final, all 
 
 openly and fairly 7"\"«*«„^,;;^ assessed as unoccupied, «j 
 be shewn that the 1*«^J; ^^^^^^^^^^^ ig Grant 391. A lot contJ 
 Rank of Toronto y. -f^'*'""?' '^„ i„ the year 1875, asseaj 
 
 S aid Pf-{«^-4Toi a^rTi $lfoOO Fro^ 
 resident roll as lot 11*, ^^ ,g^g ^t was alaosoassewj 
 
 "was similarly ^ff^^^'^as statute be 100 instelld] 
 that the quantity of land was ^^^^^ who paid I 
 
 The whole 200 acres were jecuP^^J^^he non-resident rottj 
 
 for each year, ^^tttw L^ -««-««^^ "' ? TtJ 
 the east half of the lot apP^^^ ^ i^ rear for he ta^ 
 By reason thereof it was J ^^^^ .^^^^^^^ . ^j^^^ ^^^ , 
 
bTS, or redeem tk mt 
 
 red void. itfa88i'';!')erd ' 
 put up iar sale or. tive 10 
 ,ffered to take 29 acre* i 
 jarry out tUe purchase, 
 Bale, the same person i 
 the statement that he 1 
 \\c\\ he desired to confi 
 1 the sale was held fflei 
 4e also Raytm v. Crou 
 30 U. C. Q. B. 349. If 
 'e subject to asseaament 
 ' 0. s. 433 ; fitrtd v. Ktvi 
 ore Bale the taxes be pa\i 
 
 3 0.8.24^-' Mym^.H 
 ment to V.e effective mu!- 
 ave been made to some < 
 
 hen paid, f -/^ 'S"b | 
 I arid be proved heyondH 
 
 red back. A^ft^^'^^^ 
 
 J89.] 
 
 EFFECT O; OfciiDS. 
 
 855 
 
 , . „„. vear after the treasurer's sale thereof. 
 
 L,c.l80,s. 155. 
 
 one 
 
 R. S. O. 
 
 ;& a tax sale {or more 1 
 n'dng under 2- Vict. c.\?, 
 ""^•Bxrtvhisdecmou^m 
 
 I'-^ldorvotseewhythemere 
 L-^ r. +\iem as a single cb- 
 
 '^^^ r?te,sohnjga«H 
 
 i,Jl.l * * deieatj 
 
 ■'•'teecSo.v.ShiWea.l 
 
 J^ It is competent, 'J 
 
 Pi^A tosellthewWelotM 
 
 ^*^S'r,r The Court ^Jll 
 
 ■ ^- tWBUPPoaitionthatt 
 
 '• ih So where the salel 
 r -if be considered finaUl^ 
 Ltess'Slasunoccupied,.. 
 
 1^8 Grant 3»l^, 
 ''^nn the non-reaident toll] 
 
 ,M Whenever lands are sold for arrears of taxes, and the |^J,"1m 
 
 hns eiven a deed for the same, such deed shall be parties, if not 
 ^llTnlents and purposes valid and binding, (q) exr^ept asSJ.^'* 
 
 • "' " . curtain timt . 
 
 1 . , ^, jqW for 1879, waa of the whole lot upon which the 
 '''"uaid the mistake in stating the quantity of land to be 
 ** ^^ not making such assessment less an assessment of the 
 Tu while the error of putting the east lialf on the non- 
 i t roll could not affect the owner's riyht to the land. Jeffery 
 a 9 6 R. 364. It is opposed to the policy of the law, that 
 * ' having such important powers and duties with reference 
 le of the land lor taxes as the treasurer should himself 
 ^A fn hpcome a purchaser at such a sale. In re Cameron, 14 
 ^^^ Beckett v. Johnston, 32 U. C. C. P. 301. It has been 
 ith tthere is nothing to prevent the party assessed, if desiroui 
 vmirpoae to obtain a tax title, to omit paying the taxes and 
 !lf become the purchaser at such a sale. Stewart v. Taggart, 
 C C P. 284. Tliis would not, at all events, avail where the 
 ■ om'itting to pay taxes is the tenant for life, designing to 
 B the reversion through hi3 own wrong. S^e Munro v. Hudd, 
 nt55. In Black v. Harrington, 12 Grant 175, and J/iWs v. 
 1 1/ 14 Grant 602, it was held, not,»vith8tanding what was said 
 lamtrary in Ford v. Proiul/oot, 9 Grant 478, that the corpor- 
 i of the local municipality was not a necessary party to a bill 
 ichine a tax sale. One Tripp, being owner of certain land, 
 la marriage settlement under which his wife was entitled to 
 nd for life. The taxes afterwards fell into arrear, and the land 
 )ld by the sheriff to pay them. By arrangement with the pur- 
 Tripp's widow became entitled to their interests in the pro- 
 She having sold to the defendant, the purchaser at sheriff's 
 Ijnveyed to defendant. In a suit by the assignee of Tripp's 
 ) Bet aside this sale, defendant claimed to be a purchaser for 
 [without notice. The same solicitor acted for vendor and 
 lin the sale to defendant. This solicitor knew that Tripp had 
 de owner, and that he had executed a marriage settlement 
 rhich the wife was tenant for life only ; but he did not know 
 ■ctthat she was bound to pay the taxes for which the land 
 Ed and he did not communicate to defendant that she was 
 Bch an obligation ; Held, that defendant was not affected by 
 itive notice of the liability. Munro v. Kudd, 20 Grant 5,N. 
 , seem that the mayor of a town cannot legally become the 
 jer at a sale of lands for taxes in hi ^ town. Greenstreet v. 
 b Grant 229. 
 
 Resection does not make valid a deed made in pursuance of a 
 ues where there were in fact no taxes in arrears at the time 
 Hamilton v. Eiiqleton, 22 U. C. C. P. 536 ; Proudfoot v. 
 Il Grant 566 ; McKay v, Crysler, 3 S. C. R. 436 ; Deverdl 
 ll 0, R. p. 241 ; or where the sale has been made by an 
 mo by virtue of his office was not clothed with authority 
 jConoi/a Ptrmamnt Building Society v. Agnew, 23 U. 0. 
 
866 
 
 THB MUNICIPAL MANUAL. 
 
 [8. m 
 
 , prown \i the same has not been questioned befon 
 against the v^ competent jurisdiction by some person intei 
 8ome Couit oi i within two years from the time 
 
 »f^"\K so 1877,0. 180, ». 156. 
 sale, (r) t*^' ^'^ 
 
 \v .T 11 r.«.ses where lands have been validly sold 
 190. In all c^-^^^ ;, ^Yie treasurer who made the s, 
 
 (V-rtivio 190. ' In all cases treasurer who made the saU 
 
 iyjo\'to taxes, the conveyance^y ^^^^^ ^^^^ ^^ .^^^^^.^ ^^ ^^^^^^ 
 
 to-i""'!*':. or his snccessoi^ m ^^'^^^^-^.y thereof the sale was ma' 
 the statute «i^*-'®' ,\ , . ^^^ before the time of sucli co 
 
 If the Bale i« 
 ▼»Hd. 
 
 fiSI 
 
 the statute untie ^^ ^^^ before the time of sucli couv, 
 having been repeait . ^^j^^j-e,. who made tlie sale bar 
 ance, or by reason of th^ ^^ ^^^^^ ^ ^^^^ ^ ^^^ 
 gone out ot office. {s)j^ 
 
 ■ , ,,,„3fc a deed be produced, but it must apn 
 
 C P. 200. Not ""^> !""_,,! and for arrears. Stevemon v. 7'A 
 that the lands have been BOW ^^^^^^i,^ uader sec. 163 prohilJ 
 nor Vi O- ^- , u-M, have not been uicluded ui the lists fi 
 from 3ell''"g.^*":lfI5re clerks of tlie several municipalities prior" 
 
 fKyr Vi '-'• '*• , w c\\ have noi uecu iiivi"^.>-^ - -^-^^ a 
 
 from selling.landswmcu ^ ^^^^ ^^^^^^ municipalities prioJ 
 
 niahed by him to the -le;^ ^^ ^,, by the proper ofeiJ 
 
 tuo «vle and so, altnouo i .vithiu the protection of this I 
 
 a'u. « authorized B.a.^^^^^^ J ^^ B. 239^ Where the deJ 
 
 So A"*"" ^- ft" •* r;* uncertain as to be void, the defect A 
 S"of the land sold IS ««^j;°«^^ %. B„,d- o/ .Vou(«a/, 42 uj 
 cuTed by this section, l^rge^ t^^,, „{ tUe lot assossJ 
 
 OF 21-2 ; 3 A. \\ ^^\ ^^'l^ who had paid tUeir taxes, anjj 
 SuJ^d^and Vudoii^in, to veisj>rj^^ ^^^^ lot, tjie defec^^s h J 
 
 certain lots o a ^^^^'^^^^^^ BeckM v. /o/»,./o«, 32 U. C. (I 
 
 to be cured by i^nis 
 
 „J1. ^^^xx the deed is made valid must d 
 
 • 1 ^f two years as cull eiiti ,. • , ie<dsati()U ami note 
 S m^tSlndginent tlja^ 2, e^tU. ^0 0. 11 530; 
 Son of the statute ' >«e also /.y ^ _^,.^ ^,^^^ ^^.^^^^ ,,^th„ 
 
 ?''l ^'ifflS^be^i duly a'lverti^u ..^^ ^^;-^-^^_^^.,^^ 
 S wtcre tho notioe reqmt-d _ by --^, _,,,,,,, the two y 
 
 TF i O. R- 49*- It ^i:rar of a purchaser wliu makes nocj 
 
 ^fRJ' 
 
 
KL. 
 
 t8.mj 
 
 neen questioned Wop 
 ny some person iuler 
 ears from the time 
 
 re been vaiidiy soid (| 
 ■ev wiio made the sail 
 ae iiwalid by veasou 
 sreoi ti\e s.vle was ma 
 tbe time oi 8uc\\ couvd 
 who ittadetbe sale \\avi| 
 
 7, c. 180, H. 151. 
 
 produced, but It must ad 
 arreara. Stmwon vli 
 3 under sec. I6ft, ptokbl 
 »;« Included iu the Ms fl 
 several municipaltovnoj 
 bo. by the proper offimJ 
 
 la to be void, the delect i,l 
 Bank of Monlnd, « U^ 
 portion o{ tlve lot asses,,*^ 
 ^\\.\ ,vi\d their taxes, and 
 
 Jo/HM'O'*' 
 
 
 ,fli) (l).] iMPBOVEMFVra MADE BY PURCHASERS, 
 
 n all cases where lands are sold for arrt 
 I ul er such sale is or is not valid, then so far as regards ndiewa 
 
 857 
 
 lii the »c^ 
 Iv pure 
 
 Ivaser w 
 
 \v.maki:3no( 
 
 1Q1 In all cases where lands are sold for arrears of taxes, Rigntsof 
 
 1 pr 8uch sale is or is not valid, then so far as regards ndiera 
 Vhtsof entry 'vdverse .to any bona Jide claim or right, ^°JJ^^ 
 
 r*'^ ,vto"vveev\ileiKetS 
 
 laed. » 'W ^^,^^^ ,j„^ l,een ! 
 
 by SCO. ;\, „„\itheUvnyel 
 Upturned, tUniV,,^^ J 
 
 '^-^- "n!";l;:iAie.to J 
 
 pull-"'" j^possesswl 
 
 origi»'^^"^;'% CCP.4' 
 
 [^Subio^tbedeei^e;^ 
 L.iugoitbisMhad.e^ 
 
 "s"'! "'^,.,li(l or invalid, derived mediately or immediately Tn" possession 
 ar s«cii sale, section 9 of The Act respecting the LatoZ.%^a. 
 1 Transfer of Property shall not ajiply, to the end and Rev. stat. c- 
 f"*" , jjjjjj. i„ such cases the right or title of persons claiming ^^' *• ^• 
 T" elv to auy such sale shall not be conveye<] where any 
 L-^ is in occupation adversely to such right or title, an< I Common 
 ^'" such cases the common law and sections 2, 4, and {I'^'^in'' c.^|, 
 .u statute passed in the 32nd year of the reign of King^"- 2,4&6,' 
 
 the Siiii'"'''' 1 , , , , rt r . , 1.1 revived. 
 
 Yjfl.and chaptered 9, be revived, and the same 
 '^i r1i«11 continue to be revived, {t) R. S. O. 1877, . 
 !0,s, b")!?. 
 liqo— 1) 111 all cases (not being within any of the exoep-^^'h^re^aie 
 
 and provisions of sub-section 3 to this section) when; ancevoia for 
 Jshaviiii,' been legally liable to be assessed for taxes, aro 1'"^?^"^'"' 
 i^twurear.s of taxes, and such sale or the conveyance ^-'''aser hud 
 
 lis'"' " . . Til J? . • inoproveil, 
 
 Miieiit tbereoa is invalid by reason ot uncertain or the valued 
 Bfficieiit ile.sictnation or description of the lands assessed, [|!,p|.^!J^.'""* 
 lor coil veyeil, aud t/he riglit or title of the tax purohascM- meuto, etc . 
 kotviilid, :ukI tlie tax [)urcliaser has entered on the lands ^'^'^'^^ »»»««''«*l 
 table to rtsspssiuont or any part thereof, and has improved 
 Isarae. then incase an action for the recovery of the lands 
 ■oii"ht a<^aiust such tax purchaser and he is liable to be 
 J bv ie;ison of the invalidity of such sale or conveyance. 
 L|„'e l,i>t'()ie whom the action is tried shall direct the jury 
 iess! or s!i;ill himself (if the case be tried without a jury) 
 (l:ira!i!?es for the defendant for the amount of the pur- 
 I money' at tlie sale and the interest thereon, and of all 
 iwid in respect of the lands since the sale by the tax 
 
 (V Hill, 23 U. C. Q. K 96; McDonald v. McDomll, 24 U. ('. 
 If'i • see also, McMillan v. McDonald, 'lii U. ( ". (.>. B. 4r)4 ; 
 (W(hi, 34 U. C. Q. B. 345 ; 36 U. C. Q. B. 495 ; McDuu- 
 \Mhdlm, 25 U. C. C. P. 75. 
 
 he 32 Hen. VIII. cap. 9 made void the sale bj' a person not 
 isiou of a mere right of entry. The sections of this Act 
 J tlie transfer of real property which legalized the ooiivey- 
 la ri<(ht of entry are supposed to ha"e superseded the statute 
 \n. VIII. cap. 9. The statute of Hvmry VIII, is for the pur- 
 Ithis section revived. In Hill v. Lcmj, 25 U. C. C. P. 265 n 
 pee of a right of entry was attacked under the operation of 
 [33 Vict. c;vp. 23, from which this section is taken, but the 
 jof the Court proceeded upon a different ground. 
 
S68 THE MUNICIPAL MANUAL. [g ,«„ 1 
 
 purohaaer and interest thereon, and of any loss to b 
 in consequence of any improvements made before 'th 
 mencement of the action by the defendant, and all '*^°'* 
 through or under whom he claims, less all just allow ^^^^^\ 
 the net value of any timber sold off the lands and *n^®*^^j 
 just allowances to the plaintiff, and shall assess thot-i^ .1 
 the land to be recovered, (u) 
 
 assess the value J 
 
 The plaintiff 
 to pay for 
 improTe- 
 ments, «to., 
 unless tax 
 purchaser 
 «iect8 to 
 retain tlie 
 land on 
 paying its 
 value. 
 
 (2) If a verdict is found for the plaintiff, no writ 
 
 ■■-" "'-"" ' -"'' "*- -olaintift has paid int 
 
 )f such danjaffPH • „„ 
 defendant desires to retain the 
 
 jjossession shall issue until the plaintift has paid int^' 
 
 Hoction not 
 to apply 
 
 if taxes paid 
 before sale ; 
 
 if land 
 redeemed ; 
 
 for the defendant the amount of such danjages • o (t 
 
 defendant desires to retain the land, he may retain V 
 
 paying into Ooui-t, on or before the fourth day of the ens " 
 
 sittings, or on or before any subsequent day to be apuo'"' 
 
 by the court, the value of the land as assessed at the t"^ 
 
 after wliich payment, no writ of possession shall issue"^!, 
 
 the plaintiff, on filing in court for the defendant a suffi'J 
 
 release and conveyance to the defendaot of his right 
 
 title to the land in question, shall be entitled to tKo «> ^ 
 . 1 • / \ ^^ •'"c moil 
 
 so paid m. (v) 
 
 (3) This section shall not apply in the following cases i 
 
 (a) If the taxes for non-payment whereof the lands 
 sold have been fully paid before the sale. 
 
 (b) If, within the period limited by law for redempti 
 the amount paid by the purchaser, with all inS 
 
 payable thereon, has been paid or tendered to] 
 
 (u) Where land was assessed and advertised for sale, describ, 
 the warrant and sold at a tax sale, and conveyed as part of lotl 
 it being in fact part of lot five, and when it appeared that the a 
 urer, who conducted the sale, described the locality of the] 
 intended to be sold and the taxes due upon it, the tax pm 
 was held entitled to avail himself of the protection of sec, S 
 Vict. cap. 23, Ont. , from which this section is taken. Vhu'rct 
 Bates, 42 U. C. Q. B. 466. This provision " shews the mind ] 
 Legislature that, even in cases where the tax sale cannot beuj 
 the purchaser should in an honest case be entitled to be compJ 
 for improvements." Per bpragge, C, in Aston v. hnin, m 
 42, 52. In Betting aside a sale which was not void by reaj 
 uncertain or insufficient description of the lands sold it was hell 
 though compensation could not be given under this section, it] 
 be under Rev. Stat. c. 100, sec. 30. Haialey v. Somm, 130, 
 
 (v) There should be an assessment at that time not only! 
 damage but of the value of the land for the purposes of tl 
 The defendant may retain the laud before paying into Cd 
 assessed value. The plaintiff is not entitled to the possessio^ 
 he pay the damages assessed. 
 
 |8ee 
 
 ool 
 
[8.192(1).H»19M3)0 
 
 PAYMENT INTO COURT. 
 
 r loss to be sustained ' 
 bde before the com- 
 int, and all p rRoni] 
 ,11 just allowances ioi I 
 ! lands, and all othetl 
 ,11 assess tbe value M 
 
 plaintiff, no writ 
 i has paid into coull 
 II damages ; or, \i tlj 
 , be may retain it, i 
 uitb day of the ensuii 
 snt day to be apVoiaW 
 ,s assessed at the tria 
 ssession shall issue, 
 le defendant a suf&cifli 
 jndant of his right 
 le entitled to the moii 
 
 in the following cases] 
 
 t whereof the lands 
 before the sale. 
 
 d by law for redempti 
 purchaser, with all inW 
 in paid oi tendered to! 
 
 t^^T^^sak, describe 
 1 conveyed aa part of lo 
 Lnit appeared that the t 
 Ktriocalityoithe] 
 
 If the protection oi sec. 5 
 
 tection 18 taken. CMr^ 
 iSon'' shews the mind ( 
 Vthe tax sale cannot beuj 
 L be entitled to be compel 
 
 V iu Aston V. bm, 2" 
 liichwMUotvoidbyred 
 
 Ke lands sold itwasheJ 
 
 fven under this sectmitl 
 
 fHoMleyv.SomeM, 130.1 
 
 It at that time not o^y j 
 ffor the purposes of « 
 
 Id before pay»g^»*"i3 
 toledtothepossessd 
 
 person entitled to receive such payment, with a 
 view to redemption of the lands. 
 
 . w\^QjQ on the ground oi fraud or evil practice by the 
 Durchaser at any such sale, a Court would grant 
 equitable relief, it. S. O. 1877, c. 180, s. 159. 
 
 iQQ— /I) In any of the cases named in the preceding 
 
 ♦' wherein the plain tiflF is not tenant in fee simple or 
 
 In 1 the payment into court to be made as aforesaid, of 
 
 I h value of the land, by the defendant desiring to retain 
 
 ir land shall be into the High Court, and the plaintiff and 
 
 I « rties entitled to and interested in the said lands, as 
 
 ^Mtthe purchaser at such sale for taxes, on filing in the 
 
 '*, Qjjypj; a, sufficient release and conveyance to the defen- 
 
 nf their respecti\ e rights and interests to the land, shall 
 
 entitled to the mon»^y so paid in such proportions and 
 
 res as to the High Court, regarding the interests of the 
 
 rious parties, sf;ems proper. (w>) 
 
 li] In any of such cases wherein the defendant is not 
 Lint in fee pitnple or fee tail, then the payment of damages 
 L Oourt to be made as aforesaid by the plaintiff, shall be 
 Che High Court. K. S. O. 1877, c. 180, s, 160. 
 
 Il94— (1) If the defendant does not pay into Court the 
 
 ie of the land assessed as aforesaid, on or before the 
 
 tth day of the said sittings, or on or before such subse- 
 
 jit day as may be appointed by the Court, then any other 
 
 ion interested in the lands under the sale or conveyance 
 
 1 may, before the end of the said sittings, or before 
 
 I expiry of ninety days from any subsequent day to be 
 
 Wanted by the Court for payment by the defendant, pay 
 
 iCourt the said value of the lands; and till the expiration 
 
 I time within which such payment may be made, and 
 
 tsuch payment no writ of possession shall issue, (x) 
 
 ) The defendant, or other person so paying in shall be 
 bed as against all others interested in the lands under 
 m or conveyance for taxes, to a lien on the lands for 
 [unount as exceeds the proportionate value of his interest 
 t lauds, enforceable in such manner and in such shares 
 ^portions as to the High Court, regarding the interests 
 
 t note V to sec. 192. 
 e note v to sec. 192. 
 
 859 
 
 in esMs of 
 firaud. 
 
 Wb«n the 
 owner is not 
 t<-nant in 
 fee, the value 
 of the land 
 to be paid 
 into Court. 
 
 When tlie 
 owner is not 
 tenant in 
 fee theralt'.o 
 of mp: '>ve- 
 weits, etc., 
 to 7 le paid 
 into Court. 
 Any other 
 person 
 interested 
 may pay 
 in value 
 assessed if 
 defendant 
 does not. 
 
 The payer to 
 haye a lien 
 lor such 
 proportion 
 as exceeds 
 his intorest. 
 
860 
 
 THE MUNICIPAL MANUAL. 
 
 of the various parties, and on hearinsj the nnrHoo 
 R. S. O. 1877, c. 180, s. 161. * ^'' 
 
 [»• 194. 
 
 12), 
 
 seeins fit. 
 
 How tbo 
 owner can 
 obtain the 
 Talueof tho 
 land paid in, 
 
 195. 
 
 In ca.se the defendant or any other ijeraon 
 
 pays into Court in maimer aforesaid, the plaintiff "mT*^ I 
 entitled to the amount so paid in, on Hlin" in rjouif v'!*! 
 ent release and conveyance to the party so navin •"'^"'^'^^'l 
 his right and title to the htnds, in which release and"' "' 1 
 ance it shall be expressed that the same is it, t....,.i /'^'^^'^Jt 
 pa ■ y, to >"'■ are his lien as aforesaid, (y) 
 
 
 How thft 
 value of im- 
 provements, 
 etc., paid in 
 can be 
 obtained. 
 
 to *'P' 
 K., i^ 
 
 in: 
 
 1" trust for 
 K. 8. 0. 
 
 Proyi.sion as 
 
 to COH^fl ill 
 
 cases where 
 value of the 
 land and ini- 
 proveiiieui:-, 
 et'-., jhly ii> 
 questiun. 
 
 li'^: i'.r] :■ said value of the lands is not paid into (' 
 as alx. • piov'd.^d, then the amount of the damages ,,,ij'' 
 the High Cour hall be paid out to tho vaiious n 
 wlio, if the sale for taxes were valid would he entitledT*^ 
 lands, in such «hare.s, and ])roportions as to the Hi'di (v 
 regarding the interests of the various parties sopnw fif ^ 
 S. O. 1877, c. 180, s. 163. " ' "^• 
 
 197— (1) In all actions for the recovery of land, in wlii 
 both the plaintiff (if his title were good) would hcpntitl / 
 fee siuipie or fee tail, ;'.nd the defendant (if his thje 
 good) would be also so entitled, if the defendant at tliet 
 of appearing gave notice in writing to the plain'titr in 
 action or to his solicitor named on the writ, of the ma 
 claimed, and that on jjayment of such amount, the defend 
 or ])erson in ])os.se.s.sion would surrender the possession td 
 jdaintiff ; or that he desired to retain the land, and wasi 
 and willing to pay into Court a sum mentioned in tliei 
 notice as the value of the land, and that the defemluiili 
 not intend at the trial to contest the title of the plain 
 and if the jury or the Judge, if there he no jury, before^ 
 the action is tried, assess damages, for the defendant ,u 
 vided in vhe next preceding five sections, and it satisfiiclj 
 appears that the defendant does not contest the 
 for any other purpose than to retain the land oq| 
 ing the value thereof, or obtain damages, the Jud^e 
 wliom the action is tried, shall certify such fact iipq 
 record, and thereuj)on the defendant shall he entitled 
 costs of the defence, in the same nuxnner as if the p| 
 
 (y) The filing in Court of a sufficient release and convejJ 
 the plaintiff to the party paying the money into Court ol all f 
 plaintiflf's right and title to the lauds is a condition prcceden 
 obtaining of the money out of Court. See note '• to sec. 192j 
 
 
il 
 
 c parties, seems fit. 1 
 
 her perHon mterestedj 
 he plaintiff s\\ii\\ Wl 
 in" ii\ Couvt .1 sviffid.1 
 y so payin<^ iu, of M 
 c\\ release ai\(\ convey^ 
 no is in trust iov mi'i' 
 
 . (y) 11. S. 0. \. i, 
 
 1 is not paid into Cou 
 of the. clama'^t'sV'Aidiii 
 to tiu! various pevsofl 
 \von\i\ lie entit\ei\tot 
 ns as to t\ie Higii Co\i 
 as parties, seems tit. 
 
 recovery of land, iu whil 
 
 ,tood)vvonidl)eputiiy 
 
 fSulant (if Ws title w 
 
 tbe deiendant, at tliet 
 
 ,,. to the plaiutitViu 
 
 "llie Ns-vit, o« tl\e umd 
 
 ucli amount, the deienJ 
 
 vender tlu"V»^=^«essioutd 
 
 Vmtlielaml,amlv\i\si 
 
 l^vuu mentioned in tk 
 
 iu\ that the de?on.l:mti 
 
 title of tlie \hvi 
 
 LIEN OF TAX PURCHASER. 
 
 I i^on nonsuited on the trial, or a verdict Imii l)een ren- 
 ^.Xtlr defendant. 
 
 861 
 
 ,l)efove\ 
 
 if\ti for 
 (2) If on 
 
 the 
 Lereheno.lury 
 
 es for the delendan 
 sections, and it satjsl 
 toes not contest the 
 r etain the land on| 
 r damages, the Jv^ge 
 certify H«ch fact upa 
 .cant shall be entUledl 
 
 [e nvanuev as ii tk p» 
 . *. r.>1<.aae and convey 
 
 J trial it, is found that such notice was not given 
 
 {cre«'^ia, '»' it t'lo 7udt»«? or jury assess for the .jfendant 
 
 "iLamourt tlwu that cliamo'^' in the notice, or tind that 
 
 * defenddi ; has re "used to surrender posfosbion of the land 
 
 • rteiidf 'Uade of the amount claimed, or (where the 
 
 J • Jaiit had given notice ^f l^i., intention to retain the said 
 
 d) that the vahie of tue land is grt;ater than the amount 
 
 n ioned in the said notice, or that he has oniitted to pay 
 
 r'ourt the amount mentioned in the said notice for thirty 
 
 sifter the plaintifi' had given to the defendant a written 
 
 Itife that lie did not intend to v.ntest the value of the 
 
 (1 mentioned in such notice, then In such case the Judge 
 
 U not certify, and the defendant shall not be entitled to 
 
 costs of the defence, but shall pay costs to the plaintiff; 
 
 upon the trial of any cause after such notice no evidence 
 
 Ik required to be produced in proof of the title of the 
 
 tiff. (:) R. S. 0. 1877, c. 180, .s. 164. 
 
 1198. hi "ly case in which the title of the tax purchaser 
 lot valid, or in which no rf^medy is otherwise provided by 
 I Act the tax purchaser shall have a lien on the lands for 
 [purchase money paid at such sale, and interest thereon at 
 Irate of ten per centum per annum, and for the amount 
 1 taxes paid by him or them since such sale and interest 
 on at the rate aforesaid, to be enforced against the 
 sin such proportions as regards the various owners, and 
 ich manner as the High Court thinks proper, (a) R. 
 ,1877,c. 180, s. 165. 
 
 Tax purchsi 
 er without 
 other 
 remedy 
 whose title 
 ifi invalid to 
 have a lien 
 on the land 
 for purchase 
 money, eto. 
 
 .liis section principally relates to coats. The general rule is 
 
 ie party who succeeds in the recovery of tho land is entitled 
 
 IcNts. But this section is an exception to that rule. It entables 
 
 pendant, although surrendering the laud, to obtain his costs of 
 
 ince. The section also incidentally provides a rule of evidence 
 
 ffect that "upon the trial of any cause after such notice, no 
 
 e shall be required to be produced in proof of the title of the 
 
 n 
 
 liiwiittv. Simcoe, 22 U. C, Q. B. 73, it was held that a tax 
 ' who paid for what at the time of sale all supposed to be 
 nt m land, was not entitled to recover back his payment 
 
 ring that nothing was sold, liie object of this section is, 
 lease, to create not only a lien for the amount of the pur- 
 ney, but to provide for the payment of the interest thereon 
 
 eoi ten per cent, per annum, and for the repayment, with 
 
 
 'm.pi 
 
Wl; if 
 
 ft-'. *1 
 
 862 
 
 Contraett 
 between UZ' 
 
 THE MUNICIPAL MANUAL. 
 
 199. No valid contract entered into between i 
 
 ['•mi 
 
 "nnhiutT " chaser and original owner, in regard to any lami ^'*"H 
 5^e7"""' assumed to have been sold for arrears of taxes a " * "' 
 conUnued. chase, lease, or otherwise, shall be annulled or ' '''" 
 with by this Act, but luch contract shall remain '^'*'f^^'' 
 and all consequences thceof, as to admission of titl "^ 
 wise, as if this Act had not been passed (b) R n f\\ 
 c. 180, s. 166. ' ^ ' °- "• ^m 
 
 senii. 190-109, 200- Nothing in the next precedinir ten RPof ;r>„ i 
 
 orothfl 
 
 owner hu 
 occupied 
 ■inue sale 
 
 whewth?^ Act contained shall aflfect the right or title of the own*. 
 any land sold as for arrears of taxes, or of any person 1 
 ing through or under him, where such owner at the t ^ ^^ 
 the sale was in occupation of the land, and the nan ""* 
 since the sale been in the occupation of such owne J 
 , those claiming through or under him. (c) R « o lo-?! 
 
 180, s. 167. \ / • . w. 18<7'| 
 
 «m.diHo 201. Nothing in the next preceding eleven sections ofj 
 
 purchaeeni Act contained shall prejudice the right or title which j 
 
 eontiiiued. purchaser at any sale for taxes, or any one claiming thn 
 
 or under him, has heretofore acquired or bereiifter ac i 
 
 under any other statute, (d) R. S. O. 1877, c. 180 
 
 interest of the amount of taxes paid by the tax purchaser 
 section docs not apply where no taxes were in arrear at thd f» 
 the sale. Charlton v. Watson, 4 0. R. 489. " 
 
 (ft) Before the passing of the 3.3 Vic. cap. 2.S, in 1869 ca.„ 
 in which the former owner and the tax purchaser contracteti 
 each other upon the faith of a valid sale tor taxes, which boH 
 posed to have taken place, but on discovery of the truth 
 that the sale was invalid, tlie contract was' amended or otM 
 put an end to, notwithstanding the apparent adinisaion of | 
 reason of the dealing between the parties. The object of m 
 the Act of 1869, from which this section is taken, is to cona 
 force contracts so made notwithstanding the subsequent d 
 of the invalidity of the sale. This is done with all the conn 
 of a valid sale as to admission of title or otherwise. 
 
 (c) A person in the occupation of land is supposed to h« 
 knowledge of the assessment and sale of the land or of faci 
 ought to put him upon enquiry. Where such a person is i 
 lie is not entitled to the protection and benefits provided I 
 next preceding sections. 
 
 {d) The object is not to divest a person of the title whii 
 the passing of this Act he had acquired, or which he maj 
 nnder any other statute. The declaration of the Legislatnif 
 nothing in the eleven next preceding sections "shall pre] 
 right or title " of such a person or of any one claiming I 
 under him. 
 
 Iin;in| 
 ■cue 
 mmil 
 liatl 
 
.L. 
 
 [%. mA 
 
 ARREARS OP TAXBS IN CITIItS AND TOWNS. 
 
 between any tax yuf 
 any \anda sold oi| 
 oi taxes, as to \)Uf 
 inuUed or interiere 
 t\a\\ remain iu ioro 
 lission of title or oi\i« 
 Bd. (b) R. 8. 0. Id'Vl 
 
 ,ng ten sections oi t)| 
 )r title of tlie owner 
 or of any versonclaii 
 ch owner at t\ie time^ 
 vnd, and the aame h« 
 ition of such owner, or 
 ,„. (c) K. S. 0. \877i 
 
 ding eleven sections o(l 
 right or title wbiclij 
 
 r any one claiming tht^ 
 viired or hereafter ac(\^ 
 O. 1811, c. 180, 
 
 11 by the tax rurchas" ; 
 awereinarrearattheti 
 
 489. 
 [ic. cap. 23. in 1869: 
 
 [ tti 
 
 Uui«tionoftherevemoner, 
 
 86a 
 
 In the construction of the next preceding twelve sec- ^jTx,"'"*"' 
 '*{ »kk Act occupation by a tenant shall be deemed the pi»rohM«r," 
 laoDsot »n«, .,.J_„..H.inn«r- and the words "tax purchaser" "^''k«?*» 
 
 II i)lv to any person who purchases at any sale under 
 it" any statute authorizing sales of lands for taxes in 
 ■ and shall include and extend to all persons claiming 
 
 ^ 1-.. K«rvk • an/1 fnA ^vnf«/ia <' rtt*ifvitial /« .i/tiA«« '' 
 
 owner. 
 
 "^'"^h or'uiidei him; and the words ♦' original oA^ner 
 '''TfncluJe and extend to any person who, at the time of 
 *[ le was legally interested in or entitled to the land 
 ij t ft'tsuraed to be sold, and all persons claiming through 
 irhiu.. (e) R. S. O. 1877. c. 180, s. 169. 
 
 DEFICIENCY FROM NON-PAYMENT OP CERTAIN TAXES 
 PROVIDED FOR. 
 
 1 503. Every local municipal council, in paying over any Dcfl«|«nc^«» 
 tool or local rate, or its share of any county rate, or of taxes to be 
 , other tax or rate lawfully imposed for Provincial or local 3','^,^;;}: 
 shall supply, out of the funds of the municipality, oipaiity. 
 deficiency arising from the non-jmyment of the tax, 
 shall not be held answerable for any deficiency arising 
 1 the abatements of, or inability to collect, the taxes on 
 «nal property other than for county rates. (/*) R. S. O. • 
 
 tax puTchaaer c-ontractei 
 .a\eWtaxe«wbchW 
 
 A\«coverv ot the truth, 
 Swa^'amenaedorc.) 
 
 .rties The object oi 
 ctSn i« taken, is to cont 
 uSk the 8ubse(iv«nt 
 
 ie or otherwise, 
 
 fcquired, or wn j 
 
 fe^oCauyonaclavmu^gl 
 
 Ii.c. 
 
 180, s. 175. 
 
 ARREARS OF TAXES IN CITIES AND TOWNS. 
 
 1 Tn cities and towns arrears of taxes shall be collected Coiioction of 
 
 *•*".., • 1 • I r • 1 1 • arrears of 
 
 iminaoed ui the same way as is herembetore provided in tnxcH in 
 
 lca.se of other municipalities; (ff) and for such pilrposes ['^'^''^'^"'"^ 
 
 niiiiicipal officers of cities and towns shall perform the 
 
 [duties asi the like officers in oth6r municipalities ; and 
 
 lasurer and mayor of every city or town shall, for such 
 
 les also perform the like duties as are hereinbefore, in 
 
 |S(enote6to sec. 1 of the Municipal Act as to the utfect of an 
 [elation clause iu an Act of Parliament. 
 
 1 property is fixed ; personal property is movable. There 
 iKcurity for the collection of a moderate rate due in respect r>f 
 V and not much in respect of the other. Hence, while the 
 kimposed to supply out of the funds of the municipality any 
 
 Ky arising from non-payment of the former, the rule is not 
 |to extend to dsticiencles arising from abatements of, or 
 
 f to collect the latter. 
 
 |he power given to a city to collect taxes authorizes the sale by 
 
 lot non-resident land. Per Wilson, J., in McKay v. Bajn- 
 
 )U.C. Q. B. 95, 97. But until the passing of sec. 172 of 
 
804 
 
 THE MUNICIPAL MANUAL. 
 
 [••20i| 
 
 the case of other inunicipalitieH, iinpoHed on t) 
 treasurer and warden reHiKictively. 1(. so lu?- '^•^""'fl 
 H. 185. Seemc.Uh -^'IS^^.c^l 
 
 fSer.. , 205. The treasurer of every county city and town slu 
 #tc.. to keep Keep a triplicate blank receipt book, and on leceii.t c 
 tripiioBte „,„„ of „ioney for taxes on land, shall delivor t,. li *'^' 
 biHiik receipt •' ' . * "^-n^er to the nii"»- 
 
 bookc making payment one ot such receiptH, and hIuiH d 1' 
 
 the couuty, city or town clerk the second of the >it^^ ■ 
 the correspond ing number, retaining the third of tl*^ ' *' 
 the book, the ilelivery of such receipts to !»« J^^^^,\ . 
 clerk at least every three months ; (//) nnd the county" \ 
 or town clerk shall Hlo such receipts, and, in h 1,0 I'l 
 kept for that purpose, shall enter the mime of tl 
 making payment; the lot on which payment is nmde'^tl 
 amount paid ; the date of payment, and the number of 
 it'ceipt ; and the auditors shall examine and audit such 
 iiiul accounts at least once in every twelve niontl 
 Jl. S. O. 1877, c. 180, 8. 186. ^' 
 
 AKKEARS OP TAXES IN NEW MUNICIPALfTIEg 
 
 206. l^pon the incorporation of any new town in 
 ei unity, tlio county treasurer shall make out a list of' 
 arrears of taxes then due and unpaid in his books upoul 
 situate in the newly incorporated town, and trunHmit 
 same to the treasurer of the town, who, after receipt of I 
 said list, shall have, with the mayor, all the powers possei 
 by the county treasurer and warden for the collection of < 
 taxes and for enforcement of the same by sale • but in < 
 list the county treasurer shall not include any lot 
 advertised for sale for taxes. 44 V. c. 25, s 11 • 46 
 18, s. 24. 
 
 207. In cases where a new local municipality is fori 
 partly from two or more municipalities situate in dilfi 
 counties, the collection of arrears of taxes due at tlie tin 
 formation shall be made by the treasurer of the counlj 
 
 Au>lit of 
 bodkfi, etc. 
 
 On incorpo- 
 ration of a 
 town, county 
 treRMurcr to 
 transinlt IImI 
 otarffBrs 
 to to\tn 
 treaxiirer. 
 
 Arrears of 
 taxi-H, bow 
 collected 
 where new 
 inunielpalitj- 
 ft>rm«(L 
 
 29 & 30 Vict. oh. 53, of which the above was a re-enactment i 
 had no power to sell the land of a resident for arrears of taiei 
 
 (/<) This is intended not merely as a check upon the l 
 receiving the money, but for the preservation of evidence c 
 nient ; so that if one set of receipts should happen to be ( 
 or mislaid, the other will be forthcoming. 
 
 (t) See note g to sec. 248 of the Municipal Act. 
 

 UAL. 
 
 i». 20 J 
 
 [iposct\ on Uifl count]a 
 U. 8. 0. 1877, c. 180 
 
 [\ty, city iviul town slia 
 au(\ on vecei\)t of anj 
 »U deliver to tlie ^\r\i 
 itH, and hlmll deliver 
 Hccnnd oi the set, wilj 
 jf the third of the set i| 
 idpts to he iniule to tl 
 (/() and the county, cil 
 its, and, in a hook to ' 
 r the niinie o{ the \a.t 
 \i ^myment is made ; tl 
 it, and the numher of 
 mine and awdit such 
 very tweUe mouths. 
 
 ,W MUN1C1PA1.TTIE9, 
 
 1 of any new town in 
 ill make out a list o{ I 
 aid in his books upon 1 
 ;d town, and tvausrait 
 1, who, aiter receipt of I 
 ■ir,all the powers possei 
 en for the collection of s 
 same by sale ; hut in s 
 not include any lot ' 
 4 V. c. 25,s. ll;46' 
 
 ^cal municipality is fori 
 [palities situate in diffe' 
 t of taxes due at the tin 
 ftreasurer of the countj 
 
 Love was a re-enactment, I 
 Lident for arrears of taxef 
 
 I as a check upon the p 
 
 [preservation of evidence oi 
 
 ^^houUl happen to be destj 
 
 lunicipal Act. 
 
 , j^BBBARS or TAXE8 IN NEW MUNICIPALITIES. 
 
 , „j,^ nninicipHlity is Hituato, if the new munioi- 
 ■ a township or villngo, or if the new municipality is 
 
 866 
 
 (fn»bling hii 
 **" f ^|jg now municipality \h detached, Hhall inimodi- 
 
 of th« othor county or counties from wliicli any 
 
 r ^ I V tiic treasurer of Buch town ; and for tlio purpose 
 r*'!V,,* liim to make the collection, the troasuror or the 
 
 »siire 
 
 T'^m the fornuition thereof, make out lists of the ai rears 
 then duo in their respective portions, and transmit 
 "^ .to the treasurer of the county in which the new 
 vijftlitv is situate, or of the town (as the case may be) ; 
 ' 1 ere a new municipality is formed from two or more 
 \.ipaliti<'S situate in any one county, the treasurer shall 
 Yseparate account for such new municipality. 44 
 c.25,s. 7. 
 
 The troasiuor and warden of the county in which JJ^^JJ^^ 
 ew municipality, if it be n township or village, is situ- ceeaiugi to 
 " id the treasurer and mayor of the new municipality, ifeoiiMUon. 
 ■ utown, shall have power, respectively, to take for the 
 Hjtiou of such arrears of taxes all the proceedings which 
 „„«r<i iind wardens or treasurers and nniy(»rs can take 
 [be sale and conveyance ot land in nrrear tor taxes, and 
 ■ the lauds in the new municipality have been adver- 
 ibvthe trensurer or treasurers of the county or counties 
 Biclithe new municipality formed part before its forma- 
 Ithe sale of such lands shall be completed in the .same 
 Las if such new municipality had not been formed. 
 f.cJs.s. 8. 
 
 9, Where a municipality or part of a municipality has {^^jj^'*'"'^ 
 lor may he hereafter separated from one county and return made 
 M in another after a return has been made to the b^fo""""' 
 trer of the county to which it formerly belonged of separation. 
 fin arrear for taxes, but the lands have not been adver- 
 Ifor sale hy the treasurer of the former county, such 
 ■er shall return to the treasurer of the county to which 
 len-itory helongs a list of all tlie lands within such 
 W returned as in arrear for taxes and not advertised ; 
 treasurer and warden of th county to which the 
 belongs shall have power re.i])ectively to take all 
 edings which treasurers and wardens under this 
 I take for the sale and conveyance of lands in arrear 
 but in case the lands in such territory have been 
 before the separation, the sale of such lands shall 
 {ileted in the same manner as if the sei)aration had 
 1109 
 
866 
 
 THE MUNICIPAL MANUAL. 
 
 not taken place, and conveyance of 
 shall be made in like manner. 44 V. 
 
 [a. 209J 
 
 NON-KESIDENT LAND FUND. 
 
 The non- 
 resident land 
 fund. 
 
 If no such 
 fund. 
 
 210— (1) The council may by by-law, direct that all tk 
 moneys received by the county treasurer on account of L 
 on non resident lands, shall be paid at stated periods t J 
 several local municipalities to which such taxes were d "^ i 
 that they shall constitute a distinct and separate fund T' 
 called tho " Non-resident Land Fund " of the county ( l* 
 
 (2) In the absence of such by-law, the county treaau: 
 shall pay over to the local treasurer all such raonpv« , 
 so collected, (k) 11. S. O. 1877, c. 180, s. 170. 
 
 m 
 
 TreMurer to 211. The trea.surer shall, when such fund has been 
 s^ount open an account f(^>' «»>f>h \ru\n\ mii«;«,-«„i.i..- _ •.. 
 therefor. f^^d. (I) R. S, 
 
 ...-.v.. „^..„, .. ..^.. „„^„ iuiiu lias Deen cieat 
 
 ; tor each local municipality with thp « 
 
 O. 1877, c. 180, s. 17i; 1 
 
 0") The treasurer of the county is the person on whom thai 
 throws the duty of collecting such taxes as are shown to be in • 
 by tho collector's roll, received by him from the several townah 
 after all efforts have failed to collect in the townships in en 
 (luence of the owner having been a non-resident, or there liejn 
 sufficient distress on the land. Per McLean, (V J., in ^i„,(j 
 Siiiii'oe, 22 U. Q). Q. B. 75. All money received by him on acol 
 of tcaxes of non-residents may either, under by-law of the ea 
 council, be at once distributed among the several local niuniciijal 
 to which the taxes are due, or constitute a fund known as tiie ' 
 resident Land Fund." Sec. 210. Though subject, for certain purnl 
 to the control of the county council ; see Rufiertson v. Wellimit^ 
 U. C. Q. B. 33G, which may issue debentures on the credit of it, J 
 215 and 216, it is in no sense the money of the council. Will 
 Jlimtn and Jirnrc, Bank of Montreal (rarnUheeit, 8 U. ('. L J. 
 name, partien, Macdonald (jarnishee, lb. 136; Atintiii v Siniit 
 U. C. Q. B. 73 ; HouUoh v. York and Peel, 25 U. C. Q. B. 21.1 
 treasurer nujst, when a fund has been createu, open an .iccoii 
 each local municipality with the fund, sec. 21 1 ; and in the ev| 
 a union of local municipalities being afterwards dissolved, miu| 
 an account with each. 8ec. 212. i 
 
 {k) These words were added to the orifjinal section by 33 ' 
 27, s. 10, Ont. Befo»'e the amendment was made, it was hey 
 local municipalities were not entitled to recover the raoneyJ 
 from the county ; Mara v. Ontario, 13 Grant ;i47, or the treij 
 Nottiiwasagn v. Boyi*, 21 U. C. C. P. 106, until the passage ol 
 law properly apportioning the money. It is now made the i 
 the cotmty treasurer, in the absence of any such by-law, to | 
 to the local treasurer all moneys received on account of noni 
 lands in any local municipality, when no collected. The corp 
 of tho county is responsible for the due accounting of the I 
 the treasurer. See note a to sec. 247. 
 
 (I) See notes to sec. 210. 
 
 Muoid 
 
KIj. 
 
 lands previously aolj 
 c. 25, 8. 9. 
 
 FUND. 
 
 iw, direct that all X\ 
 rev on account of tax 
 it stated periods to 
 5ucb taxes were due, i 
 ind separate fund to 1 
 ' " of the couuty. (j) 
 
 w, the county treasuij 
 
 all such moneys wh 
 
 180, s. 170. 
 
 ch fund has been cveat( 
 anicipality with the 
 ,171. 
 
 NOK-RESIDENT LAND FUND. 
 
 86T 
 
 511 If a union of counties is about to be dissolved, all the ^'^^^8|' ^^ 
 I l« on non-residents' land imposed by by-laws of the provi- to'b».'iiiH. " 
 r 1 council of the junior county, shall be returned to and *"''*''• 
 IXited by the treasurer of the united counties, and not 
 irthe provisional treasurer ; {in) and the treasurer of the 
 I ted counties shall open an account forthwith for the 
 1 or county with the non-resident land fund. («) R. S. O. 
 U'l, c. 180,8. 172, ;>ar<. 
 
 A1Q fn cases where a new county has been or shall bo •'oiiection of 
 
 il* "» *"~ . » *' ...... taxes in new 
 
 ned in whole or in part, trom two or more municipalities munJcipaii- 
 *te in dift'erent counties, the collection of non-resident *'®*- 
 
 due at the time of formation in respect of lands situate 
 
 bthe new county which have not been advertised for sale, 
 
 I be made by the treasurer of the new county ; and for 
 
 Durpose of enabling him to make such collection, th*; 
 
 jsurers of the other counties formerly having jurisdiction 
 
 rertheresoective portions of territory included in the new 
 
 the person on whom the | 
 a as are shown to be in at( 
 i from the several townsbl 
 ct in the townships, in ca 
 ion-resident, or there iiein 
 . McLean, J.,m.liwl^ 
 .y received by him on acd 
 under by-law of the d 
 the several local mumcii)aL 
 ite a fund known as the J 
 rb subject, for certainpuri^ 
 
 'see Robertson v. Wellmjl 
 .nturesonthecredito itjl 
 ney of the council. « 111 
 
 '}arnUheeH,^V-^' U'i-.l 
 
 ,n createu, open an jiccoa 
 
 sec. 2U;amlintheovl 
 
 [fterwards dissolved, musl 
 
 I, original section by 33 ^ 
 Int was made, it *^ hel 
 1,1 to recover the moneyal 
 ll3 0.rant:H7,orthetreal 
 ' 106, until the passage (J 
 lev It 18 now made the < 
 fof any such bylaw, top 
 Lived on account of noni 
 P'o comcted, The cor 
 • due accounting of the I 
 
 17. 
 
 nty 
 
 make out -lists of the non-resident taxes then 
 
 in their respective portions, and transmit the same to 
 treasurer of the new county. 44 V. c. 25, s. 10. 
 
 1411 \11 suras which may at any time be paid to a muni- Money from 
 
 111*' .,, -liiji; lijxi i. non-re*l(leDt 
 
 lity out of the nou-resident land lund ot tlie county, lana fund, 
 J form part of tlie general funds of such municipality. '»ow «PPfo- 
 [&0. 1877, c. 180, s. 176. '"""'• 
 
 15. The council of the county may, (p) from time to ,^*^S^""' 
 bv by-law, authorize the warden to issue, under the iHHued on 
 irate seal, upon the credit of the non-resident land fund, non^r«ii(ien» 
 intures payable not later than eight years after the date '^n*! '""•* 
 >«of. and for sums not less than ^100 each, so that the 
 ^e of the debentures at any time issued and unpaid do 
 
 i) It was generally supposed that the treasurer of the senior 
 
 TTuuld, after a dissolution of the union of counties, be the 
 
 iperson to collect taxes due to the union before the dissolution « 
 
 oukeall proceedings necessary to that end. But in Cdtimla 
 
 mnt Buildinfl Society v. Ag7iew, 23 U. C C. P. 200, it was 
 
 ithat until the passing of sub-s. 2 of sec. 132 of 32 Vict. c. 36, 
 
 Ins no officer having the necessary powers to enforce the col- 
 
 I of arrears of taxes in the case supposed by sale of the land 
 
 H:t to which the arrears were duo. See note n to sec. 164. 
 
 ISeenotej to sec. 210. 
 
 1%,^?. Permissive — not obligatory. See note a; to sec. 534 
 
 iMunicipal Act. 
 
^808 
 
 THE MUNICIPAL MANUAL. 
 
 18. 2U 
 
 not exceed two-thirds of all arrears then due an 1 
 upon the lands in the county, together with suchltr""" 
 as may be in the treasurer's hands, or otherw-se ' '"^' 
 the credit of the said fund ; (q) and all dehenturer''*^ ' 
 
 Who to have 
 charge of 
 them. 
 
 By whom 
 to he 
 net^otiatcd. 
 
 PiOTiso. 
 
 R t| 
 
 the county shall be in the exclusive custody oFth'' ^^^^'^ ' 
 who shall be responsible for their safety until the" • '^^*^''' 
 nre deposited with him. (r) R. S. O. 1877 c. 180 ^ 
 
 216. Such debentures shall be negotiated by the 
 iind treasurer of the county, and the proceeds shall h^^ 
 into the said fund, and the interest on the said d V ^ 
 and the principal when due, shall be payable out ^{^ 
 fund : (s) but the purchaser of any such debentures shall 3 
 be bound to see to the application of the purchase 
 or be held responsible for the non-application thpiw"' 
 S. O. 1877, c. 180, s. 178. "•'• 
 
 217. If at any time there is not in the non-resident 1 
 ""paj^'ent tu^fl. where such fund has been created, money sufficien 
 debL'.uures ^'^^ *^^ interest upon a debenture or to redeem the 
 
 when due, such interest or debenture shall be payable oi 
 tlie general county funds, (t) and the payment thereof] 
 be enforced in the same manner as is by law provided iJ 
 case of other county debentures, (w) K. S. Q, igy^j- 1 
 s. 179. ' 
 
 Provision 
 
 (q) Debentures, when regularly issued, are transferable by deli 
 See section 405 el seq, of the Municipal Act, and notes thereto I 
 
 (r) The treasurer being the special officer entrusted with I 
 lection of the money that constitutes the fund. See note I'i 
 210. ■'' 
 
 («) The fund is intended to meet in advance the wants of th 
 municipahties, and not in any way to be a source of revenue 4 
 to the corporation of the county. See note j to sec. 210. Itl 
 properly provided, that the purchaser of a debenture shalll 
 bound to see to the application of the purchase monev or [ 
 responsible for the non-application thereof. 
 
 (t) The debonture, though issued on the security of a l_ 
 fund, is in reality a promise of the cc inty, and so the coi 
 bound to advance tut of the general county funds money sufl 
 pay interest. 
 
 (m) The ordinary mode of enforcing payment of debentu- 
 action. See Trust and Loan Co. v. Hamilton, 1 U. C, CJ 
 Auqlin v. Kingston, 16 U. C. Q. B. 121 ; Crawford v. CM 
 U. C. Q. B. 113. 
 
 
 m 
 
 i 1 
 
 ^■^fc, 
 
Oi. 
 
 \.8.a\i 
 
 »n due and accniii 
 •with Buch otber sui 
 otherwise invested i 
 I debentures issued 1 
 istody of tbe treasur 
 iy until tVieiv proce 
 1877, c. 180, b. ml 
 
 I (2)1 REPORT ON NOK-BESIDENT LAND FUND. 86» 
 
 « TU rouncil of the county may from time to timef«"'i>iu8of 
 
 01ft. ine tt»u"v . 1 • ii the lion- 
 
 u laws apportioning the surplus moneys in the non- w«j.itnf, 
 ■*j !t land fund amongst the municipalities ratably, accord- !f„",^,fa '"• 
 
 u moneys received and arrears due on account of aaiongr 
 '""re^dent lands in each municipality; (v) but such Z?'"""^'' 
 
 "**■' ment shall always be so limited that the debentures 
 !f , , 11 never exceed two thirds of the whole amount to 
 '^iitofthe fund, (w) R. S. O. 1877, c. 180, s. 180. 
 
 totiated by the mv 
 i proceeds shall be 
 on the said del)eMu 
 be payable out of 
 such debentures shall 
 of the purchase mo^ 
 -application thereof. 
 
 )t in the non-resident 1 
 •eated, money 8ufficieu| 
 e or to redeem t\^e 
 ture shall be payable ( 
 
 *he payment thereof I 
 ^; is by law providedill 
 
 (w) K.5i.0.l8<., 
 
 credit* 
 1219, The treasurer shall not be entitled to receive ^from H^^^l^^^ 
 
 {l"m the "fund such percentage upon an moneys 
 
 aea.aretransferaWebydelj 
 
 CalAct.a«<l""^'**^'"^i 
 
 1 officer entruated wiAt 
 
 L the fund. Seenolejl 
 
 L advance the wants oUbj 
 
 [thereof. 
 
 on the security oia 
 *,r and 80 ine coi 
 
 dng pay"?,f 1 Ttl\ 
 • 121-, Crawford s.m 
 
 rson yayi"g iO'^Q^ any percentage thereon, (x) but may or salary, 
 '^{■om the fund such percentage upon all moneys in '»"*?»»<*• 
 "'^^ 1 or such fixed salary in lieu thereof, as the county 
 
 Xby by-law may direct. R. S. O. 1877, c. 180, 
 
 Imo The county treasurer shnll prepare and submit to^*;2me«t« 
 fvrouncil at its tirst session in January in each of fund to 
 'S; report, certified by the auditors, of the state ofJ^Sn;"*' 
 iSlWdent land fund. K S. O. 1877, c. 180, s. 182. 
 
 «1 l\) The report shall contain an account of all the what it shall 
 Lrreceived and expended during the year ending on '^"''^ 
 ISlst of December next preceding, (li.stinguishing the sums 
 I ed on account of, and paid to, the several inunicipulities, 
 Wived ami paid on account of interest or debentures 
 itited or redeemed, and the sums invested and the bai * 
 
 I' hand" a list of all debentures then unpaid, with the 
 It ,vhich they will become due; ; and a statement of all 
 liirears then due, distinguishing those clue in every 
 ckttlity, a»d the amount due on lauds then advertised 
 «ie or which by law may be advertised during the 
 bAear. R. S. 0. 1877, c. 180, s. 183. 
 
 I The warden shall cause a copy of the report to be Copy to i^ 
 Bitted to the Provincial Secretary for tie information to proTinciai 
 Lieutenant-Governor, (z) R. S. O. 1877, c. 180, ^^^'^"'^'y- 
 
 laser 
 
 snote t to sec. 210. 
 
 lis is a restriction. A by-law contrary to this restriction, 
 bt be supported. The object of the restriction is plainly to 
 mity for the due payment of unpaid debeuturea. 
 
 mote 7 to sec. 179. 
 
 8note(j(to8ec. 248 of the Municipal Act. 
 
 snot said xohen the warden shall cause this to be done, but 
 
mo 
 
 THE MUMIOIPAL MANUAL. 
 
 [»• 222.^ 
 
 ALL ARSEARS TO FORM ONE CHARGE ON THE LAND 
 
 222. The treasurer of the county shall not be requirwi 
 keep a separate account of the several distinct rat v' 
 toTem.Tt" ^^y be charged on lands, but all arrears, from wW 
 rates arising, shall be taken together and form oha u 
 on the land. R. S. O. 1877, c. 180, s. 174. 
 
 All arrears 
 to form one 
 charge upon 
 lands sukjecl 
 
 one cWi 
 
 i^ji, ':.^ 
 
 RESPONSIBILITY OP OFFICERS. 
 
 Security by 
 treasurers 
 and col- 
 lectors. 
 
 Bond with 
 sureties. 
 
 223. Every treasurer and collectoi-, before entering on tk 
 duties of his office, shall enter into a bond to the corpor h 
 of the municipality for the faithful performancp J *" 
 duties, (a) R. S. O. 1877, c. 180, s. 187: 
 
 224. Such bond shall be given by the officer and two 
 more sufficjient sureties, in such sum and such manner as tl 
 council of the municipality by any by-law in that behi 
 requires, and shall conform to all the provisions of d 
 by-law. (b) R. S. 0. 1877, c. 180, s. 188. 
 
 without doubt it is intended that he shall do so within a reasonaU 
 time after the receipt of the report. ' 
 
 (a) Besides giving the security mentioned, each of the officers naiu 
 must, before entering on the duties of his otiice, make and subscrih 
 declaration of office. See sec. 271 of the Municipal Act. ''h^anDoS 
 ment to the office necessarily precedes the ot.igaticn to give the M 
 or make oath. So soon as the person is appointed, it bec->me« hisdd 
 to do the one or the other. But the omission of either does notl 
 ae vacate the appointment, unless conditionally made, cr render? 
 person appointed incompetent to discharge the other' duties apJ 
 taining to his office. See Judd v. Jiead, 6 U. C. C. P. .362' 
 further, note j to sec. 249 of the Municipal Act. 
 
 (b) The bond should be made to the corporation of the munici 
 ity, sec. 223, and in the name of the corporation thus : " Cora 
 Hon of the county, city, town, village, township, or united coubl 
 or united townships, as the case may be) of (naming the same). Seel 
 5 of the Municipal Act But it does not follow that bonds takej 
 any other name Tir in any other form will be void, A bond] 
 collector and sureties to "'the treasurer of the town of, "4c,, 
 held good. Judd v. Bead, 6 U. C. C. P. 362 ; TM v, Ptn 
 U. C. Q. B. 649 ; see further, O'Contior v. Chmenta, 1 U, C. C. 
 386 ; Eastern District Council v. Hutchim, 1 U. C. Q. B. 321,1 
 where it was to ''The municipality of the township of Whia 
 Whitby V. Harrison, 18 U. C. Q. B. 603, 606; or, "The Provii 
 Municipal County Council of the county of Bruce," jRmev,| 
 mar, 22 U. C. Q. B. 321, in each case the bond wash 
 See also, Brock District Courcil v. Bowen, 7 U. C, Q, B, 
 Trent and Frankford Road Co. v. Scott Munhcdl, 10 U, ( 
 i*. 39 ,. The bond, when given, should have two or more j 
 
 •>■ .u*a^« 
 
lAL. 
 
 [%.m 
 
 ,225.] 
 
 PENALTY ON OFFICERS FOR NEGLECT OF DUTY. 
 
 871 
 
 QE ON THE LAND. 
 
 lall not be requited 
 i\ distinct rates whic)i 
 rrears, from 'whateve 
 ' and form one cWk 
 8. 174. 
 
 FF1CER8. 
 
 )r, before entering on t 
 I bond to the corpotatia 
 iful performance oi 
 '.. 187. 
 
 )y the officer and two 
 n and such manner as tlj 
 [ly by-law in that bet 
 U the provisions of s\i(| 
 s. 188. 
 
 )fl!R If any treasurer, assessor, clerk, or other officer refuses P«n*ity o^ 
 I Wts to perform any duty required of him by this Act, clerks " "' 
 nle shall, upon conviction thereof before any Court of Ji'K" 
 
 -iH. 
 
 eties in such sum ami in such manner as the council 
 tfi,, municipality by any by-law shall require in that behalf, 
 
 shall do 80 within a xmon^ 
 
 ioned, each of the officers naL 
 Ihia office, make and subscnb 
 
 'eMuni'^ipalAct. '"-bapH 
 
 theoV.igaticntogivetheK 
 
 ■ appointed, it beeves h«dl 
 
 omission of eithei does not j 
 
 nditionallymade,trTendeM 
 
 harge the other to ^ 
 
 Read, 6 U. C. C.P.362,( 
 
 licipal Act. 
 
 L corporation of the mumd 
 I corporation thus ;.toij 
 t towD8hip,orumtedcH 
 le^ of (naming the same), 8«l 
 I 'not follow that bonds tekel 
 form will be void, A bou^ 
 rerofthetownof, *c.,ha] 
 
 [ C. P. 362 ; Tf\P^^ 
 ,,orv.amenMUCC 
 
 . of the township of WJJ 
 I AO^ 606; or. "Theftova 
 
 lounty f.^'/^^^^asheW 
 |h case the bond w 8 
 
 LoSd have two or .ore 
 
 I ^^ mbers'^of municipal councils cannot, as trustees for the 
 
 V "* evince too much care in seeing that the receipt and 
 
 r**^Ttur'e of the money of the ratepayers is properly secured ; and 
 
 ^ of flagrant neglect it is quite possible that the members 
 
 ^'l-^. micht be held personally responsible. vSee Parks v. 
 
 10 U 0. C. P. 229. The bond, if in general terms for 
 
 "tine and mying over all moneys collected will apply as well 
 
 Tnevs collected for county purposes as for any of the purposes 
 
 [ ri nedin sec. 240. See sec. 242 of this Act ; see further, note k 
 
 ikI<U9 of the Municipal Act. 
 
 I 1 This is a wise provision, intended to secure the due execution 
 I th Act by the officers mentioned, whose business it is to learn 
 tt^dutv and to do it accordingly. See Peterborough v. Edwards, 
 I r C C. P- 231. Kither refusal or neglect is made punishable. 
 former involves an act of the will, but the latter does not ueces- 
 'Iv do so. Any inquiry into the motives or cause of neglect, so 
 M this section is concerned, would be iuexpedi«nt. But mere 
 hijsion is "ot necessarily equivalent to neglect. Inability or 
 jerior force may excuse the non-performance of a duty by one 
 So is willing to do it. Nor does it follow that every non-com- 
 jnce with the directions of the Act, in its minor details, will bring 
 s party within the penalty of this section. The penal part of the 
 tmay press with more severity in one class of cases than another ; 
 I tlie law is so written, and the Courts have nothing to do with 
 kconsequences. See Rex v. Burrell, 12 A. & E. 400. "Neglect " 
 1D8 in such a statute as this, the omission to do some duty which 
 J party is able to do. Per Patteson, J., /7>. 468. " Where no 
 wmoT or inability intervenes, omitting to do what ought to be 
 |e 18 neglect." Per Williams, J. , lb. 409. " The defendant has 
 vened the Act without showing any lawful excuse. This is a 
 t within the Act Forgetfulness or carelessness is no such 
 1 excuse." Per Coleridge, J., lb. The neglect may be wholly 
 tiie duty, or to do it within the time limited in that behalf. 
 ir is neglect within the meaning of this 'section. It is of the 
 it importance, so far as the administration of the provisions of 
 unicipal and Assessment Acts is concerned, that things should 
 me when directed to be done. See Hunt v. Ilibbs, 5 H. & N. 
 Rtg. V. Ingall, 2 Q. B. D. 199. This section throughout, so 
 neglect is concerned, applies rather to cases of mere neglect 
 oi wilful neglect. The latter are specially provided for by 
 luent sections. See sec. 227. The words of the sections are : " If 
 iUrer, assessor, &c., refuses or neglects," &c. So the words 
 next section are : " If an assessor neglects or omits to perform 
 fa, the other assessor," &c. It would seem that the penalty 
 ieiture is a personal one attaching to each person in default. 
 •I V. Share, 3 Q. B. 31 ; see also, Clarke v. Gant, 8 Ex. 252. 
 is to be liable for such sum as the Court shall order, not 
 
 
 
 'I 
 i 1 
 
 if 
 
 ji 
 
 I'.lk 
 
 VL% i ' '^Wiiil 
 
 If' 
 
 
 41 
 
 ^ LPn 
 
 1 
 
 •: i 
 
872 
 
 THE MUNICIPAL MANUAL. 
 
 if? ' r ^u'r^ ii 
 
 m 
 
 [8.22 
 r_j|«ty. competent jurisdiction in the county in which he ig t 
 reed, assessor, clerk or other officer, forfeit to Her Mi " ^^^^^j 
 sum as the Court may order and adjudge, not excpSX!'!"" 
 R. S. O, 1877, c. 180, s. 189. •'^^n'^lO 
 
 their v'uty, 
 and ' 
 enforced 
 
 exceeding one hundred dollars. A declaration treatinc t 
 danta as jointly liable for a penalty where there was a sev*° i J 
 and a several penalty, was held bad on demurrer U^/ r "'"1 
 V. Bfeve, 6 U. C. Q. B. 263. In giving judgment/sirtK'J 
 Robinson said : " They (the defendants, who were inaj?istrat« 
 for not returning a conviction) cannot commit a joint offen i'"' 
 subject to one penalty, because neither transmittetl it." Ili^'<Hu 
 where it is the duty of two assessors to return an assessment II 
 a fixed day, it wouM seem that they should not he 
 jointly, l)ut' severally, Reg. v. Snider, 23 U. 0. C. I'. 33u J"'' 
 I)ersonHl penalty for a personal default. If>. It is sni,! ti / 
 penal tj or forfeiture is to bo ''upon conviction thereof l)ef ' ' 
 Court of competent jurisdiction in the jounty." Does this m^'i 
 civil or a criminal Court? The words of ouct. 17G of the 29 *T 
 Vict. cap. 5:i, were, " Before the Recorder's Court of City orl fj 
 the Court of (Jcueral Quarter Sessions of tlie County," Tliesew 
 were omitted from tiieae sections, and more geuoral words i 
 stituted. It is l>y yub-sectiou 30 of sec. 8 of the Interpretiition J 
 of )ntiiTio, deelarcil that "where a pecuniary penalty or a forfei J 
 is imposed for a »;ontravejiiti>)n of any Act, tlien if no oT 
 mode is prescribed for this recovery thereof, .such puiialtvi 
 forfeiture .shiill bo recoverable with co-sta l)y civil action or nr«i 
 ing at the suit of the Crown only, or of any private party siiid 
 well for tho ('rown as for himself, in any form allowed in suohf 
 by tho law of thi.'S Province, before a Court iiavini,' jurisiiotioi 
 the amount of the penalty in cusea of siiuple contrai.!:, upoiitliei 
 deuce of one cre(lible witness other than the plaiutill ir J 
 interested. " If tho forfeiture were )>y this Act fixed, tiicre woalJ 
 :i!rong grouul for the argument that the amount of the torl'eil 
 nndi-r this section is recoveraldo by action in a (.'ouit of civil id 
 diction. But the dilliculty in the way of givins,' full efitot toj 
 an arguincnt arises from the fact tiiat the forfeiture is to be ' 
 ffiim as tiie Court may order and adjudge, not exceeding >:M." 
 Gee V. Wildci), Lutw. 1320 ; Wood v. H<:arl, Bridg. 131); MckA 
 v. Ihi/hrk, :i B. & P. A'H; Piper v. ChanpcJl, 14 M. & W.m 
 further, Crant on Corporations, 84 ; note in to sub. 17 of sec, J 
 the Municipal Act, and to sec. 230 of this Act. If it codJ 
 said to ')e " ■•ininniariiy imposed," within the moaning of w* 
 it might l)u levied aiul collected by distress and sale of theodni 
 goods under authority of a warrant issued by a Justice of tliel 
 But it is li'dd that no new offence is cognizal)le before a .M 
 the Peace unless the jurisdiction is expressly conferred I»_vj 
 Parliament. See note h to sec. 2'>2. The ('ourt of Cmiinion) 
 held that, in the absence of further legislation, the omissi 
 assessors to return the roll by the day limited for the purpose j 
 an indictable offence. Jier/. v. Snider, 23 U. C. C. 1'. 330. [ 
 defendants in this case are indicted and found guilty not for j 
 contravention of any statute, (being acquitted on the mmul 
 ing wilful default,) but merely for i nlawfuily and contrarjj 
 
 "■^i ;•!.]:; J yJ V 
 
NUAIi. 
 
 [8.22 
 
 m 
 
 in which he w treasuwTj 
 .t to Her Majesty b«c^ 
 idge, not exceeding^' 
 
 laration treating two deiei 
 jre there wiwi a several dulj 
 3n demurrer. J/efral/f, q, 
 /ing judgment, Sir John 
 I who were magistrates, 9U«| 
 commit a joint offence, awl I 
 
 tranamitteil it." Ih. 2W. • 
 o return an assessment roll 
 pv should not be vrnseaiti 
 . 03 U. 0. C. I'. 330. It is] 
 u\t //>. It is said thatt 
 
 conviction thereof iwfore i 
 
 le county 
 
 " Does this mw 
 
 ,l8 oE aect. 176 of the MM 
 .order'a Court of City, or WJ 
 la c.f the County." Umc woi 
 
 •md nv)re general words d 
 ,oc 8 of the liiterpretatKiu J 
 
 Uudary penalty or utortd 
 
 ^T .uw Act, then if no otl 
 
 ; ,y \loveof. such V-Hjl 
 
 ?utHl)Voivil actum wprw 
 
 ,my i''ruv allowed u. mij 
 e a Court haviu;- ]un.U« 
 of «i<'ndo contract, uvoutke 
 ulr tlivn the vhuutul or p 
 wtUis \ct fixed, tlicrewoull 
 
 '''''^ • n Court ol civil 1^ 
 
 tit issued oy 
 Je is cogniza 
 
 i,\o, before a Jtt 
 
 PE!fALTY FOR FRAUDULENT ASSESSMENT. 
 
 873 
 
 ^^StUe^.rfeiturcis^;;,;l 
 li.trcss,ands,de^.^^^,^,^^j 
 
 A If an assessor neglects or omits to perform his duties, ^h«J^^ 
 iier asse.ssor, or other assessors (if there be more than may m( for 
 for the same locality), or one of such assessors, (d) shall, ;,^.;;«,\" 
 i\ new appointment, perform the duties, and shall 
 '»■•• non his or their assessment roll the name of the 
 fluent assessor, and also, if he or they know it, the 
 .of the delinquency ; (e) and any council may, after an 
 ' „e„iects or omits to perform his duties, af)point some 
 ! rsoii to (li.icliarge such duties ; (/) and the assessor 
 
 inteil shall have all the powers and be entitled to all • 
 J!,lu,nents which appertain to the office, (g) R. S. O. 
 
 c. 180, s. 190. 
 
 97 If anv cler!(, treasurer, assessor, or collector, acting Puntrtment 
 ler this Act, makes an unjust or fraudulent assessment Lcw'cfr*'. 
 bllection, or copy of any assessor's or collector's roll, ov '^^^-^^^-g 
 blh' .111(1 fraudulently n)sert.s therein the name of any iissn^smoiiu, 
 
 "" .'" "'^?vrcSslVC0ufe"'C'^^'5'^ 
 
 U' ^Sr Svt of Com-l 
 
 idaylnnjfJ/^ccaljS). 
 linider, -] T,;,! .-uiltv not iotj 
 t»^'^'^"\iUcd»e««nU 
 
 t;^.srwhufya.KicoH 
 
 "who sliould not be entered, or fraudulently omits th( 
 
 Bof any P'Tso'* ^''° should be entered, or wilfully omits 
 
 Iduty required of him by this Act, (A) he shall, upon 
 
 neglecting to rctniu the roll by the first of May ; in fact 
 
 rmero iion-feasiincc. Such an omission— in no way criminal in 
 
 Vcamioi, we think, hu treated as a misdvintanour or any 
 
 of criiiiinal oU'ence, unless declared to be such by competent 
 
 rtiv. authority." /'crHagarty, C. J., lb. p. .S36. ThelogisJa- 
 
 [ Ontario has since declared, that " where a pecuniary penalty 
 
 Keiture is iiiipos'ed by an Act of this Province, and the amount 
 
 [peiialty or forfeiture is in any respect in the discretion of the 
 
 lor Jucl^'e, or in jasc the Court or Judge has the right to impose 
 
 l,„meut'iii addition, or in lieu of the penalty or forfeiture, and 
 
 Wmodeis by the Act expressly prescribed for the recovery of 
 
 Baity or forfeiture, the same may be recovered upon indict- 
 
 athe High Court of Justice or General Sessions of the Peace." 
 
 1,8.8, sub-s. 31. 
 
 The duty is apparently a several — not a joint one. See the 
 
 be obligation of the '^other assessor" or assessor.s^, under the 
 Bances stated, to do what is required of him or them, is as 
 Iduty as any duty primarily imposeii on him or them under 
 
 lie power to appoint involves the power to remove, and neg- 
 missioa to perforin s])ecitied duties is a just cause of removal. 
 |eto9ec. 279 of the Municipal Act. 
 
 (noteg to sec. 179. 
 
 jBts of refusal or mere neglect, are provided for by see. 225. 
 liim Ih intended for the punishment of misconduct still mure 
 Vble tlian any provided against iu that section. In Bac 
 
 lio 
 
 etc. 
 
 ■v; 
 
 
 i 
 
 4- 
 
 /I 
 
 h 
 
874 
 
 THE MUNICIPAL MANUAL. 
 
 [»• 227J 
 
 conviction thereof before a Court of competent i •• r • 
 (t) be liable to a fine not exceeding $200, and i^'-' *^f'' 
 nient until the fine is paid, in the """"° 
 
 lOQ 
 
 ""prison 
 g"ol of th 
 
 . common 
 
 county or city, for a period not exceeding six montl 
 both such tine and imprisoument, in the dlKorAfi '*' 7 
 Court. U) R. S. O. 1877, c. 180, s. 191. " °^ ^' 
 
 wimtdhnii 228- Proof, to the satisfaction of the iiirv ♦!,„* 
 
 beevldHtice , i i j.i J 'V> mat any ru 
 
 offrauduient property was assessed by the asst'ssor at an actual 1 
 iUMaiiiiivnu. nrrertter or less than its true actual value by tliii ty ru>.' 
 
 thereof, shall hf prima facte evidence that the asHiisiI ^T" 
 unjust or fraudulent, (k) 11. S. O. J877, c. 180, s, ij) 
 
 Abr "Offices and Officers," 181, it is said tiiatT^Mnirf ffi — 
 contrary to the nature and duty of liig olHoe.Or if h ?"' 
 act at all in tht-se cases, the oHice is forftited " 'l ' o* 
 V. Bury, 1 Ld. Rayd. 5, it was iield that contumacy I ?'' 
 ground for the deposition of an oHicer. In />.• , V ^ 
 Bur. 1999, 2004, Lord Mansfield said: A " ,,,ntrd 1 
 
 refwal to attend the duty of such an office, is a reaxou (.7*^^11 
 ure ; so a determined neglect, a wilful nfusal." ijv sp<. r n iS 
 M. ch. 21, it is declared that, " if any Clcik of the iv'.cVi 
 demean himself in tlie execution of the said ollici' and tl '■ 
 complaint ar.d charge, in writing, of such misdtineaiuni'r? 
 exh'.oited against him to the Justices of tlie Peacu in tli i J 
 Quarter Sessions, it shall be lawiul for tiie said .lu.sti'^' 
 
 pro(*i thereof, openly, in their said (ieiieral Quarter Sessjoi 
 'suspend or ditichiirge him from the said (jflice." In U'iltl tv l 
 L. h. 1 'J. P. 7'22, m, WiUes, .)., said: "The kw upon tL, 
 of forfeiture of an office is to be ftmnd in Com. Dji'. ' Officir K ' 
 it is laid dow n that an officer forfeits liis wliole oHicc by nou't 
 abuser of tlie otHce by him or his deputy. In scrie biicli ieJ 
 this, and not merely in a criminal sense, is the won! niisdeiiJ 
 used in this section, sec. 6 of I \V. & M. ch. 21, and thurecaiil 
 doubt, therefore, that an absoluto and persistant rtiusal 
 clerk of the peace to enter an order of sessions U .1 misili 
 our in his othce. I entirely agree with Mr. Clmiidier^ 
 mere delay in acting n[)on such an order, or even (ibtriiiiL'l 
 strance against it by the clerk of the peace, would notiiimmi 
 misdemeanour so as to work a forfeiture of the olliie," "Uij 
 may be he.e read as meaning wantonly or petsistentlv. ^\e/i> 
 well, B., in Smith v. Bamhaiii, I Kx.D. 42.3, 424. "liv 11. \ 
 173, 8. 25, " Kvery wilful vi<dati(m of any Act of the I'ailiai] 
 Canada, or of the Legislature of any Province of t'aiiadu, 1 
 not made an offence of some other kind, sh dl he a .uUdai 
 and punishable accordingly." See Jiey. v. ISiiider, i',\ [' 
 330, 33b'. 
 
 (»') Competent jurisdiction. 
 
 ij) See note to sec. 230. 
 L. J. 21. 
 
 See note c to sec. 223. 
 
 See also, In re Slater v. WdbA 
 
 {k) This aection does not justify an asacasor in aaei^m 
 
 ^k 
 
 
Kh. 
 
 [i. m. 
 
 ,230.] 
 
 PENALTY FOft COMPLETING ASSESSMENT ROLL. 
 
 jmpetent jvw'iBdiction,] 
 200, and to iro|)moii 
 
 conimon guo\ oi tl> 
 'ding six moiitiis, or 
 
 the discretion o( tiii 
 191. 
 
 the jury, that any rei 
 Bsor at an actual val^ 
 line by tiiirty per cenHJ 
 e tiiiit t\>e asHi'Hsnunti 
 1877, c. 180,8.192. 
 
 said that, "it an officer 
 lis otVice, (ir ii lie iolu8( 
 B is forleiteil." In Phil 
 x\ tliat conHimacy w » 
 (iVicer. In l!>^ v. 1V<I| 
 lid : A " (Iditrai neglect 
 I otiico, is a veasoi\ (if uiof 
 
 rduaal." By see.tion\1 
 V CleiV^ oJ lhel'ei>ce>haUI 
 the said o^Vict.', ;uul tliireup 
 of such mistlomeiiiiiiuv slu 
 es of the Peace in tliBirUei 
 il fov tlie said .lustices.oi 
 time uiK.n exaini»;>tioii an^ 
 i (ieueral Quarter ^«*"';'' 
 
 aUlomce." iuUi((i.«v.ll< 
 i..;.l • " The iaw uv'n the St 
 
 aiuCom.w^-:*'«'-^'^''' 
 
 ts his wiiole othce hy umwu, 
 i,.,>uLV In »*o.ne such se 
 
 JeX Ih the wor.l ua.kJ 
 &M'.ch. '21,^11.1 there an] 
 
 10 ami pcrsistiat rtiusal If 
 
 ';,.,ier of sessions r^ .^ nwl< 
 "ee \vUh Mr. Chan:her. 
 u order, or even ubtrui.gi 
 ■^heveace.>vouhinota« 
 
 .•eitvu^ of the olh . \ 
 
 ln;.{;nyActofthel'..l.afl 
 'ivSvinceofCauA 
 
 iiii\v rnivu"-" — , . 
 
 K»d.Bh:dlWa...l« 
 
 ll lien. V. «'<«i«''- ^'^ ^ 
 
 note c to 8CC, 
 
 225. 
 
 An assessor convicted of having made any unjust or 
 julent assesBtnent, shall be sentenced to the greatest 
 i • kn.ont both by tine and imprisonment, allowed by this 
 lC(rRSO-l«77.c. 180,^.193, 
 
 Qfl With reference to The Jurors' Act, if any assessor of 
 
 township, village, or ward, except in the cases provided 
 
 lr\y sections 62 and 54 of this Act, neglects or omits (m) 
 
 I ke out and complete his assessment roll for the town- 
 
 I , . .iiiiige or ward, and to return the same to the clerk of 
 
 "ll to\vnshi|) or village, or of the city or town in which 
 
 "cli ward is situated, or to the proper officer or place of 
 
 " sit of such roll, on or before the 1st day of September 
 
 f the year for which he is assessor, (w) every such assessor 
 
 ifendin" shall forfeit for every such oflence the sum of 
 
 ijlOO one moiety thereof to the use of the municipality and 
 
 (Other moiety, with costs, to such person as may sue for 
 
 .same in any Court of competent jurisdiction ; (o) but 
 
 hin" herein contained shall be construed to relieve any 
 
 ssorfrom the obligation of returning his assessment roll, 
 
 Itlie period required elsewhere by this Act, and from the 
 
 875 
 
 PunUhment 
 of euipftbia 
 n. 
 
 Llso.IureSWerv.Ws 
 L an aaacBSor in ^M 
 
 Penalty 
 tor not 
 making and 
 completing 
 aaaeaamant 
 roM* by Um 
 proper time 
 Kev. But. 
 u. 62. 
 
 Not to 
 impair any 
 otber 
 liabiiity. 
 
 rtyF 
 
 cent. Ie83 or more than its true value. True value is 
 
 lis required. Bnt where the departure from the true value is 
 "■eat as the per centage specitied, the fact of such a departure ia 
 nnmo /ofw evidence of an unjust or fraudulent assessment. 
 IDoteHosec. 26. Strictly speaking, the value of land, like any 
 [T commodity, is the price it will bring in the market at the- 
 litis offered for sale. See Squire qui tarn v. Wilson, 15 U. C. 
 • OU. But before any man can be convicted, under this -iec- 
 L the jury must be satisfied of the actual value of the pn)perty 
 mestion • and when it hag been arrived at, a valuation greater 
 jB than it by thirty per cent, is n>ade /)riw»a/acic evidence tha^ 
 lusessment was unjust or fraudulent. It is of course in the 
 r of the accused, by proof of the circumstanct-s under which the 
 jment was made, to rebut the privia facie case so established. 
 CkrcAer v. Gowiin», 28 U. C. Q. B. 540. 
 
 |See8ec.227. 
 
 I Kigkdit or omiti. See note c to sec. 225. 
 I note (7 to sec. 248 of the Municipal Act. 
 
 Ilhe County Court has now jurisdiction in penal actions. 
 
 \q.t. V. V. Taggart, 16 U. C C. P. 415. The statute 18 Eliz. 
 ^prohibits the compromise of such actions without the leave 
 I court, Bkeker v. Alyert, 6 U. C. Q. B. 1.S4, and in one case 
 
 liru given on paying the Crown's share into court. Afay qui 
 
 \ Dtttriik, 6 0. S. 77. Where it clearly appeared on the face 
 [decl&ration, that the consideration of the defendant's promise 
 I compromise of such an action without leave of the Court, 
 
 1 VA 
 
 ■i m 
 
 m 
 
 % 
 
 IJ 
 
 || 
 
 
 m 
 
 II 
 
 tiii ill 
 
876 
 
 ^i,f 
 
 I 
 
 Proceed I ngH 
 tor oompttl- 
 ling coller- 
 torit to piijr 
 OTer mniiuy 
 0(>IIect«<I to 
 t.ho proper 
 treuurer. 
 
 ki-'-'i' 
 
 THE MUNICIPAL MANUAL. r j 
 
 penalties incurred by him by not rotuniinu tliftR.ir„„ 
 ingly. (;.) R. S. (). 1877, c. 180, h. 1U4. lee aZ7:7 
 c. 52, s. 171 (3). "'^ii'-^v.St^ 
 
 231. If Jv collector rofuHos or noglocts (y) to pftv 
 proptT treasurer, or other person legully iiuthorizecl to ^ 
 the same, the suma contained iti liis roll, or duly t "^ **" 
 for the same as uncollected, (r) tjio tn-asurci- shall '""'"i!*' 
 twenty days after the time when tlu; |"iyiiu!„tou4t'tri i 
 been made, («) issue a warrant, under l\ia hand ii d 
 
 brought by tho plaintiff as a co;nniou informer ngainst def • l i 
 consideration was liold to ho illegal, and tin; (luulurutim. i"'i «■ 
 V. Myf,:, 7 U. C. Q. B. 410, TT... verdict of a jury fori,, ' 
 in a penid action, on a question of fact properly left to th r. 
 elusive. See ffall v. Orrj',,, 9 Ex. L'47 ; auw,f, v. //«„/„,,"«',' 
 S. 402; McLelianqiiHamv. Brown, 12 U. C C p m., \?'P''^ 
 tarn V. Wilmn, lf> U. (\ C. P. 284. No damages' aro'TecoveS 
 tho detention of the debt, because the debt is not duo till jud 
 See Frederick v. Lookup, 4 Burr, 2018; Cumiiiif w .SiWy, /;,' 
 
 (;;) See note g to sec. 240 of tho Municipal Act. 
 
 {q) Refuses or neglects. Sec note c to sec. 225. 
 
 (r) Sec sees. 1.32 and 135. 
 
 (m) i. e. " Wihin twenty days after the time when the t,n 
 owjhl to havebfrn mad"." These words are the same as im^ 
 corresponding sections 177 of (>'on. Stat. IJ. (!. cap. Sr), anili 
 of 29 & 30 Vict. cap. 53. The time within which tho warnnti 
 under this seotion, bj isiuod, is iivolvcd in cctusidi'r.ibiri ilouij 
 Charlenworth V. Ward, 31 U. C. Q. \\. »+, tho oidy case in wlii] 
 tjueation has arisen, tho only two .hidgcH who cxpros'iud opinjJ 
 the point very materially differed in tlicir views. Tliecollal 
 that case, was appointed for the years 181)4 and 1865. In, Id 
 « 18G5, he was autijorized to continue the colic ;tion of theta 
 1864 until Ist Ivlay, 1865, and in January, I8(i(), was autiiori 
 continue "so long as he shouhl bo recognized by th« inuniciu 
 the said township." He did not return the rolls until April 
 A large sum for each of tho years 18().') and ISG'J appeare 
 unaccounted for. On 2nd April, tho township treasurer, 
 resolution of tho council, dem mded payment, and on 6th l 
 month issued his warrant. Tho (piostiou raised was, as] 
 validity of the \i'arrant. Ohief Justice Richiuds, in duiiveri( 
 ment, said, "The cases referred to by Mr. Harrisun decide i 
 collector, while he retained the ndl, had power tn collect t 
 unpaid that were to be levied under it after the time iiienJ 
 the statute (14th December) for the return of the roll, 
 time had not been enlarged by the council of the diu 
 when tne distress of the taxes was made. The elTectof thej 
 seems to be that as long as the collector retained the roHj 
 an officer of the municipality, ho might collect the fcueji 
 in it, and having collected the taxes he and bis sureties i 
 
 'm^ja: 
 
 [''•■■s'/siJiHi' 
 
 wmm 
 
kU 
 
 [l. mJ^M 331.] PROCEEDINGS AGAINST DEFAULTlNa C 
 
 OLLEOTORS 
 
 877 
 
 ruing t\»« saiM accon 
 4. See al.»o iieu. Hu 
 
 1 ^ ti„, Hlieriff of the county or oity (ub thi) case may 
 ^ „„naiKlinf,' him to levy of the gooils, chattels, lauds 
 ^^ Jilts oi the collector and Ium sureticH, such sum as 
 
 ectft (';) to pay to 
 \y autliorized to rece'v 
 rol\, or (lu\y to uccom 
 I tre.asuriM- s\\a\\, wilM 
 , ^^aynuintou|;\»ttoU| 
 iidcr '>w U.vud u..il m 
 
 ormer agaiiist ikii'ivlanM 
 I t\u5 Auclaratioii b.u\. fli 
 lict of a jury ior i\ei«nd< 
 ,,,ruper\ylcatotk.mui 
 (lomih V. //ttr(lmMi.,bJurJ 
 
 {(.aamagesuromovmbM 
 
 unic\pa\ Act. 
 c to sec. 225. 
 
 >,r the time, when th« pjy 
 4tat U.O. cap. rw.andiw* 
 
 '" ''TsiU 'm 1865. In.^ 
 
 '' s"r) ana 18«!3 avP«« 
 "tl if towu.bip treasurer 
 
 '"ITX Harrison tole J 
 r, ' •rafter the time meni 
 
 C"ll«"*'°; ,'fuect the taxes i 
 
 , i, i^ntl for not paying thenj over. 
 ' L.i,o warrant iiutlKirizod by the 182n<l «uction of the 8t;itut« 
 * fi) Vict. c. 53 an.l C. S. U. C. cap. Sr), sec. 177, can b« issued 
 
 Thi) qneation hero is, 
 
 ludw "T, ^' ,„„^^ than twenty days have pa&sed after the col- 
 
 "'IT/H^M'"' t" "■«*""' '"" ■■*'" • • • • 'I'o wit. the 14th 
 
 " her nr tlie Ist April or May of the year for which the taxes 
 
 "" Iw ctill««tc<lr '"■ '" *''" fallowing year as to the last men- 
 
 ""' **^j Till! section speaks of the collector refusing or neglect- 
 
 to the proper treasurer or other putson If j^ally authorized 
 
 lift to 
 
 petl ii«ys 
 
 /*"'•*!< the same, the sums contained on hin roll, or duly 
 '"'*''' - .."'.<>ii-«-«*<'<l Then the tn .iHurer or chani- 
 
 Mt for the same as uncollected. 
 
 hall ' wilkin tweidij dai/a ajter the time when the payment 
 
 ifta have been made, issue a warrant to levy such sum as 
 
 r „ppai,l nntl uniiccounted for." What is the time when tho 
 
 "" J' ),t; to lave l)«!eu made to enable the municipality to 
 
 *" the lart'e ''"'^ "n"s"'d jiowers conferred on them by the 
 
 Treferrcd to? The otdy time, mentioned in the statute then in 
 
 ""lasthe 14th liay of Decendter, or such other day as the muin- 
 
 IcouDcili'f the county may appoint, not later than the Ist day 
 
 iiv in the next year. Now, here no ooher day than tho 14th of 
 
 mber was appointed ftir the return of the rc'ls or the piiying 
 
 lot the money, and the power to issue the warrant wus not 
 
 tf.l within twenty day.s of that time. . . . Another <|nes- 
 
 Ito i^ coiisiilereil is, what <lo the words 'within twenty days 
 
 tk time when thf payment ought to have been made, ' mean ? 
 
 jiev t(i he interpreted literally ? or is the true meaning that tho 
 
 lit IS iKit to issue until the expiration of the twenty days from 
 
 1 think the safest rule to lay down, and the one 
 
 linaccorilanee with t'.ni true meaning of the statute, and the 
 
 1 doctrine as to the v ew taken of extraordinary and unusual 
 
 lies given to enforce the collection of money, is, to hold the 
 
 Itothe c^rid /e«cr of the law on the subject." 76. 101, 102, 
 
 Mr. Justice Wilson held a contrary view. Fie said : 
 
 [provided by 29 & 30 Vict. cap. 53, sec. 182, that if a collector 
 
 lor neglects to pay the proper treasurer the sums contained 
 
 B)ll, the treasurer shall, ' within twenty days after the time 
 
 meut ought to have been made," issue a warrant. Here, no 
 
 idaylieinB fixed for paying over the collections, a demand 
 
 liired to be made on him to pay over l)efore he could be con- 
 
 Tu in default. The demand on the 2nd of April fixed the 
 
 fpa\ment. For the tirst time properly under the two rolls 
 
 Ktormade default in payment, according to the extended 
 
 I the 6th of April, 1867, the warrant to sell the goods and 
 
 I the collector and his sureties, for defalr^ations under both 
 
 ned and was delivered to tho sheriff. The statute sayi : 
 
 iiurer shall, within twenty days after the time when the 
 
 tovghttohave been made, issue a warrant.' It issued 
 
 Kntydayi after the demand on the Viid of April. Is that 
 
 jvhea the payment ought to have been made ? I think the 
 
 old be entitled to a reasonable time after the domand within 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
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 Photographic 
 
 Sciences 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 872-4503 
 
 

 J 
 
 fc 
 
 \ 
 
 
 c\ 
 
 Ci^ 
 
878 
 
 Warrant to 
 b« deliTcred 
 to sheriff, 
 •tc. 
 
 ahcriff, etc., 
 to execute 
 it, and pay 
 money 
 leTiad. 
 
 THE MUNICIPAL MANUAL. r 
 
 [1. 231;, 
 
 remains unpaid and unaccounted for, with costs and 
 to the treasurer the sum so unaccounted for and t ^ ^*^l 
 the warrant within forty days after the date thereof ^T^a\ 
 O. 1877, c. 180, s. 195. ^^^- ^- 8.1 
 
 232. The treasurer shall immediately deliver U) th 
 rant to the sheriff of the county, as the case mav .1./" 
 R. S. O. 1877, c. 180, s. 196. ^ "'1'*'' 
 
 mi 
 
 m 
 
 233. The sheriff to whom the warrant is directed sh 
 within forty days, cause the same to be executed and ma 
 
 which to pay. Perhaps three days would be a reasonable timT 
 so, the warrant on the 6th of April, 1867, is all right, if the wi 
 ia to be issued not later than twenty days from the time of l T* 
 But does the statute mean that the warrant is to issue only w'th 
 the twenty days ? If so, this warrant may issue the very dav ifl 
 the payment should have been rnade, and cannot issue after t 
 twenty days have expired. Or does it mean that the warrant i"' 
 not be issued for twenty days after the default was made ' In /? J 
 Ireland, 3 T. R. 512, the words on which the question arose werel 
 follows : ' Tha,t the prosecutor for the recovery of such costs sJ 
 within ten days after demand made of the defendant and refusall 
 payment, have an attachment granted against the defendant ' 
 eight days had elapsed since the demand. The court said : 'Thon 
 the words of the statute were, ivithin ten days," they had alii 
 been understood to mean that ten days must elapse before the attk 
 ment could be granted ; otherwise instead of the indulgence of I 
 ten days supposed to be offered by the Legislature, the party wa 
 be liaVde to an attachment immediately after a demand and refii 
 And they refused the motion for the attachment. * * * j , 
 opinion the collector had until the 2nd April, 1867, within whic 
 pay, the demand on that day determining his right to any futj 
 day ; and, upon the authorities the warrant by way of execd 
 which issued on the 6th of April, having issued if/ore the twi 
 days after default to pay had elapsed, was improperly, because! 
 maturely, issued." Ih. 108,109,110. Morrison, J., who durind 
 argument referred to O'Meara v. Foley, Ir, L. K. 4 C, L llo,| 
 curred in opinion with Wilson, J. The result was, that the wa 
 was held by the Court to be void, because issued too snon. The j 
 rant must be under the hand and seal of the treasurer. 
 g to sec. 160. , 
 
 (t) " Immediately deliver," dfC. It is of the greatest imporj 
 that moneys due to a municipal corporation for taxes or rates T 
 be paid with as little delay as possible. This is necessary in J 
 to enable the corporation to pay its officers and keep faitM 
 creditors. Hence it is that sureties are necessary, sees. 2i!a 
 and that so stringent provisions, are enacted against ooliectoo 
 others whose dutj' it is to collect and pay over taxes, and tb 
 very summary remedy is provided by the preceding section, i 
 the goods, chattels, lands and tenements of the collector, a»i| 
 »uretie$. See notes to sec. 231. 
 
AL. 
 
 [«. 23U| 
 
 vith costs and to pay! 
 3d for, and to retumi 
 le date thereof. R, 8i| 
 
 ely deliver (t) the wa 
 the case may requir 
 
 rvant is directed shi 
 I be executed aud ma 
 
 i be a reasonable time. 
 , is all right, if the warra 
 s from the time of defaa. 
 •rant is to issue only witk 
 lay issue the very (lay aft 
 nd cannot issue after th« 
 tiean that the warrant shi 
 uf ault was made ? In Rexi 
 ;h the question arose wer« j 
 recovery of such costs shi 
 the defendant and refusal] 
 igainst the defendant.' Q 
 L The court said: 'Tho 
 , ten days," they had alfl 
 niist elapse before the atti. 
 tead of the indulgence of I 
 Legislature, the party wo 
 I after a demand and refu" 
 itachment. * * * \^, 
 
 April, 1867, withm whic! 
 lining his right to any furl 
 [varrant by way of execq 
 
 v":ng issued 6f/orethetW! 
 
 was improperly, because! 
 Morrison, J., who durinj 
 
 ,y Ir. L. U. 4 C. L lUi,| 
 le'resnlt was, that the \va 
 .use issued too snon. Ihej 
 ill of the treasurer. Seel 
 
 lis of the greatest imporf 
 
 ■ration for taxes or rates al 
 
 lie This is necessary ml 
 
 officers and keep faitM 
 
 , are necessary, sees. i.M 
 
 [enacted against oollectoj 
 
 'i pay over taxes, and tm 
 
 fr the preceding section, ^ 
 
 lents of the collector, onij 
 
 DEFAULTING SHERIFFS. 
 
 87? 
 
 1 237.] 
 
 turn thereof to the treasurer, and shall pay to him the 
 nev levied by virtue thereof, deducting for his fees the 
 
 "" . compensation as upon writs of execution issued out of 
 
 5te of Record, (u) K S. O. 1877, e. 180, s. 197. 
 
 Oil Tf a sheriff refuses or neglects to levy any nionev ^'^^'le'*' 
 yl,e,i SO commanded, or to pay over the same, or makes a sheriff, etc » 
 . I return to the warrant, or neglects or refuses to make ^ p»>' *'**'- 
 
 V return or makes an insufficient return, the treasurer 
 Bi'v, upon affidavit of the facts, (v) apply in a summary 
 manner to the ' High Court or to a Judge thereof, for an ' 
 
 rder nisi or summons calling on the sheriff to answer the 
 latter of the affidavit. R. S. O. 1877, c. 180, s. 198. 
 
 235 The order nisi or summons shall be returnable at when 
 snch time as the Court or Judge directs. R. S. O. 1877, c. returnable. 
 
 80,8.199. 
 
 236. Upon the return of the order nisi or summons, the Hearing on 
 Court or a Judge may proceed in a summary manner upon return. 
 iafiiiUvit and without formal pleading, to hear and deter- 
 ifflinetne matters of the application, (w) R. S. O. 1877, c. 
 
 ), 8. 200. 
 
 \i \ 
 
 237. If the Court or Judge is of opinion that 
 
 the Pi- Pa. to 
 has been guilty of the dereliction alleged against him, tolevy th^ 
 
 money. 
 
 (ij) A sheriff is not entitled to poundage on a writ of execution. 
 Iitless he actually levy, that is, make the money. Buchanan v. 
 Ifraiii, 15 U. C. 0. P. 196. If the claim be settled by means of the 
 (pressure of the writ, the sheriff is entitled to reasonable compensation 
 jiithe nature of poundige. See Michie v. Reynolds, 2-1 U. C. Q. B. 
 IjOS; Eimiton and Port Dwer R. W. Co. v. Gore Bank, 20 Grant 
 hlJMcbv. Bath Colliery Co., 2 Ex. D. 459; 3 Ex. D. 174; 
 [diwlidded Bank V. Bkhford, 7 P. R. 712. 
 
 Ii) The application is to be made " upon affidavit of the facts." If 
 ie affidavit be deemed sufficient, the court or judge will grant an 
 Ider mi or summons, returnable at such time as may be directed, 
 |to answer the matter of the affidavit. See sec. 235. 
 
 (it) It is enacted that the court or a judge may proceed in a sum - 
 iry mumer to Afftr and rfe^OTtttne the matters of the application. 
 iSeeuote to sec, 74. Apparently as much power is given to the 
 jidge as the Court. The jurisdiction is a statutable one, and in the 
 lence of a provision for an appeal from the decision of the judge 
 t the Court, it may be argued there is no appeal. The point is 
 lyet undecided under the statute. See In re Allen, 31 U. C. Q. B. 
 18, uttder corresponding words in Con. Stat, U. C. c. 74, sec. 1. 
 
 'i:'' 
 
 !' 1 
 
 '-M 
 
 llv 
 
880 
 
 Tenor of 
 such writ. 
 
 KxecutioD 
 
 thereof. 
 
 Pees. 
 
 THE MUNICIPAL MANUAL. r 
 
 [s. 23", 
 
 the Court or Judge shall order the proper officer of th 
 Court to issue a writ oi fieri facias, {x) adapted to tl 
 directed to a coroner of the county in which the muuic' ^t''*^' I 
 is situate, or to a coroner of the city or town (as th 1 
 
 may be) for which the collector is in default lii\ p ^'^ 
 1877, c. 180, s. 201. ' ^•^'' ^■^^^^ 
 
 238. The writ shall direct the coroner to levy of th I 
 goods and chattels of the sheriff the sum which the h * 
 was ordered to levy by the warrant of the treasurer to^etli 
 with the costs of the application and of the writ aiid " f ^^\ 
 execution ; {a) and the writ shall bear date on the d f 
 its issue, and shall be returnable forthwith on its hi 
 executed ; (6) and the coroner, upon executing the saDil 
 shall be entitled to the same fees as upon a writ <'rouni(^l 
 upon a judgment of the Court, (c) R. S. 187? c i 
 8. 202. • . • 1 
 
 Penalty on 
 RhHriff if no 
 other 
 impoied. 
 
 239. If a sheriff wilfully omits {d) to perform any dut* 
 required of him by this Act, and no other penalty is herebJ 
 imposed for the omission, he shall be liable to a jjenaltv 
 $200, to be recovered from him in any Court of competenil 
 jurisdiction at the suit of the treasurer of the county it 
 or town, (e) R. S. O. 1877, c. 180, s. 203. 
 
 Payment 240- All moneys assessed, levied and collected for th 
 
 coSd'for purpose of being paid to the Treasurer of the Province, 
 theProvince. to any Other public officer, for the public uses of theProvind 
 or for any special purpose or use mentioned in the aI 
 under which the same is raised, shall be assessed, levied ; 
 collected by, and accounted for and paid over, to the sail 
 persons, in the same manner, and at the same time as tax 
 imposed on the same property for county, city or town pd 
 poses, and shall be deemed and taken to be moneys collect 
 
 (a;) This writ is against the sheriff's own proper goods and chatt( 
 
 (y) A writ of execution directed to no one is a nullity, Wooit 
 Campbell, 3 U. C. Q. B. 269. 
 
 (a) See note y to sec. 237. 
 
 (6) See note t to sec. 232. 
 
 (c) See note u to sec. 233. 
 
 (d) Wilfully omits. See note h to sec. 227. 
 (<) See note o to sec. 230. 
 
lAL. [8.237, 
 
 proper officer of the 
 
 j) adapted to the case, 
 
 whicb the municipaUty 
 
 or town (as the case 
 
 default. (1/) R. S.O. 
 
 coroner to levy of the 
 sum which the sheriff 
 i the treasurer, together ' 
 1 of the writ and of itjl 
 ear date on the dayotj 
 forthwith on its being] 
 lon executing the sanies 1 
 5 upon a writ grounded! 
 c) R. S. 0. 1877, c. 180, 
 
 (d) to perform any diityj 
 10 other penalty is hereby^ 
 1 be liable to a penalty o' 
 1 any Court of competeii 
 isurer of the county, cit 
 10, s. 203. 
 
 /ied and collected for t| 
 Lsurer of the Province, i 
 public uses of theProvinJ 
 ise mentioned in the A| 
 ball be assessed, levied, aii 
 Lnd paid over, to the saa 
 at the same time, as tax 
 county, city or townpd 
 iken to be moneys colM 
 
 own proper goods and chatta 
 I no one is a nullity. Wooi} 
 
 I sec, 
 
 227. 
 
 244.] 
 
 BONDS OF COLLECTORS AND TREASURERS. 
 
 881 
 
 the county, city, or town, so far as to charge every 
 
 11 tor or treasurer with the same, and to render him and 
 
 •^ ret'ies responsible therefor, and for every default or 
 
 \ tin ref^ard to the same, in like manner as in the case 
 
 "j'llpvs assessed, levied and collcicted for the use of the 
 
 vcitv or town. R. S, O. 1877, c. 180, s. 204. 
 
 Oil All moneys collected for county purposes, or for any 
 I f the purposes mentioned in the preceding section, shall be 
 by the collector to the township, town, or village 
 I urer and by him to the county treasurer ; and the 
 
 noration of the township, town, or village shall be respon- 
 IVe therefor to the corporation of the county. R. S. O. 
 Il8ii,c.l80,s. 205. 
 
 942 Any bond or security given by the collector or trea- 
 
 ^rer to the corporation of the township, town, or village 
 
 M he will account for and pay over all moneys collected 
 
 lor received by him, shall apply to all moneys collected or 
 
 sived for countv purposes, or for any of the purposes 
 
 fceDtioned in section 240. (/) R. S. O. 1877, c. 180, s. 206. 
 
 243. The treasurer of every township, town, or village 
 y within fourteen days after the time appointed for the 
 inal' settlement of the collector's rolls, (g) pay over to 
 le treasurer of the county all moneys which were assessed 
 J by by-law required to be levied and collected in the 
 Uicipality for county purposes, or for any of the purposes 
 lentioned in section 240 of this Act. (h) R. S. O. 1877, c. 
 |80,s. 207. 
 
 244. If default be made in such payment, (i) the county 
 isurer may retain or stop a like amount out of any moneys 
 
 How money 
 collected 
 for county 
 purpofiea to 
 be paid over. 
 
 Collectors or 
 treasurers 
 bound to 
 account for 
 all money ■ 
 collected by 
 theu). 
 
 Local 
 
 treasurer to 
 pay over 
 county 
 moneys to 
 county 
 treasuvers. 
 
 Mode of 
 enforcing 
 such 
 payment. 
 
 ||/) It is not every bond or security given by a collector or treas- 
 Bthat will come under this section, but only such as are condi* 
 Bed or provided for accounting and paying over all moneys 
 lected or received by the officers. These general words, when 
 ^are, by the operation of this section, made to extend not only 
 |jioneys collected or received for county purposes, but for any of 
 OSes mentioned in sec. 240. Se© further, note b to sec. 248, 
 |lDote;to8ec. 249 of the Municipal Act. 
 
 I Set note « to sec. 231. 
 
 ) If default be made, summary proceedings may be had against 
 Itreuurer, such as are authorized by the Act against the collector 
 
 m 
 
 flStesec. 243. 
 Ill 
 
 
 
 
 "1 
 
 mi 
 
883 
 
 THK MUNICIPAL MANUAL. 
 
 m 
 
 
 nil 
 
 [s- 244. 
 
 which would otherwise be payable by him to the i 
 or may recover the same by an Hction against th 
 Warrant to pality, OF where the same has been in arrear for ' ' """'"*''• 
 
 xheriff. 
 
 or may recover the same by an action against th'^'^'^*^-'^ 
 pality, or where the same has been in arrear for the ^^^^^^' 
 three months, he may, by warrant under his hand &^T^ '^^ 
 reciting the facts, direct the sheriff of the county to 1*^ ^^^'' 
 collect the amount so due with interest and cmH t ^^^ *"^ 
 municipality in default, (k) R. S. O. 1877, c. 180 a'Tos^'" 
 
 245. The sheriff, upon receipt of the v/arrant sh II I 
 and collect the amount with his own fees and costs' in th 'i 
 Uer. Stat. e. manner as is provided by The Municinal Act in o^c^ \ ^'"!'*l 
 IV*'' of execution. (0 R. S. O. 1877, c. 180 s 209 '*' 
 
 How the 
 iheriif to 
 lery. 
 
 Treasurer, 
 etc., to 
 
 246 
 
 Crown 
 moneys, 
 
 Municipality 
 responsible 
 for duch 
 moneys. 
 
 The county, city, or town treasurer shall be account I 
 able and responr^ible to the Crown for all moneys collo 
 any of the purposes mentioned in section 240 of this A fl 
 and shall pay over such moneys to the Tioasurpr «f fk' 
 Province, (m) R. S. O. 1877, c. 180, s. 210. 
 
 247. Every county, city, and town shall be responsib 
 to Her Majesty, nnd to all other parties interested, tliat 
 moneys coming into the hands of the treasurer of the count 
 city or town, in virtue of his office, shall be by him du 
 paid over and accounted for according to law ^a^ R <5 1 
 1877, c. 180, s. 211. ' ^ ' ' 
 
 .'tcTres'pon. 248. The treasurer and his sureties shall be responsii 
 ■ibie to and accountable for such moneys in like manner to 
 County, etc, county, citv or town ; and any bond or security <nven 
 „ , ^ them for the duly accounting for and nayinf ovei- mnni 
 
 Bonds to . ..■•1111 • ,,i^"'® "''f 
 
 apply, coming into his hands* belonging to the county, city, ortoJ 
 
 shall be taken to apply to all such moneys as are raentio 
 in section 240, and may be enforced against the treasnrei 
 
 (k) There is no limitation as to the time within which the ffai 
 may be issued, and so tlie difficulty pointed out in note .? to sec] 
 has, as to this warrant, been avoided. 
 
 (/) See sec. 428 of the Municipal Act and notes thereto, 
 
 (nt) The liability of the collector, as declared in sec. 240, is] 
 extended to the county or city treasurer, so as to make the 
 tion of rates, or rather the paying over the money collected, i 
 and expeditious as possible. See note a to sec. 247. 
 
 (a) The Non- Resident Land Fund is money which may be a 
 come into the hands of the treasurer within the meaning i 
 section, so as to make the corporation of the county responsih 
 the due payment and accounting of the same. See R(kn 
 Wellington, 27 U. 0. Q. B. 336. 
 
m to the mwnicipaUty 
 . against the munici- 
 irrear for the space oi 
 ler his hand and seil, 
 the county to levy and 
 est and costs from the 
 1877, c. 180,8.208. 
 
 he v/arrant, shall levy] 
 ees and costs in the samw 
 cipal Act in case oi writ*! 
 .80, s. 209. 
 
 •easuver shall he account] 
 )r all moneys coUocled io 
 section 240 of this Act, 
 to the Treasurer of tl> 
 80, s. 210. 
 
 town shall be responsib 
 parties interested, that l 
 ihe treasurer of the countt 
 Rce, shall be by hlin du' 
 .rding to law. (a) R.S. 
 
 ireties shall be responsij 
 ys in lilte manner to 
 jond or security given] 
 r and paying over moni 
 to the county, city, or to* 
 ch moneys as are raentioi" 
 reed against the treasure! 
 
 rtiil^vithin which the w» 
 pointed out in note aosecj 
 
 1. 
 
 Act and notes thereto. 
 
 Lte a to sec. 247. 
 [lis money which may be> 
 I Irer within the meaning o 
 toToi the county -p^a 
 of the same. &ee nu;.n 
 
 PENALTY FOR TEARING DOWN NOTICES. 
 
 883 
 
 ,251.] 
 
 ureties in case of default on his part. (6) R. S. O. 1877, 
 
 ri80,8.2l2. 
 
 019 The bond of the treasurer and his sureties shall ^°"^* *^ 
 1 in school moneys, and all public moneys of the Pro- school 
 '?P[. (c) and, in case of any default, Her Majesty may "'*»"y'' "** 
 "fSrc'e the responsibility of the county, city, or town .by » 
 
 ? inir a ^'^® amount out of any public money which 
 ' u otherwise be payable to the county, city, or town or 
 r*i,<. treasurer thereof, or by action against the corpora- 
 
 «/» ^jiy person aggrieved by the default of the treasurer, city, etc., 
 nay recover from the corporation of the county, city, or forTfluit 
 I n the amount clue or payable to such person as money "^ trewurer, 
 Tand received to his use. (e) R. S. O. 1877, c. 180, s. 214. ^"'• 
 
 MISCELLANEOUS. 
 
 251. If **"y person wilfully tears down, injures., or defaces penalty for 
 Ly advertisement, notice, or other document, which is ^^^^^^« 
 Ireaiiired by this Act to be posted up in a j)ublic place for the notices, etc. 
 Dformation of persons interested, (/) he tihall, on conviction 
 kreof in a summary way before any Justice of the Peace 
 aving '(iirisdiction in the county, city, or town, be liable to 
 I tine of $20, and, in default of payment, or for want of 
 Jcient distress, to imprisonment not exceeding twenty 
 lays. (?) R. S. 0. 1877, c. 180, s. 215. 
 
 In an action by the the corporation of a county against their 
 stsarer on his bond, where it was proved that Government 
 jjjy charged by him as paid over to the Government was not so 
 id itwas held unnecessary to shew a demand of the Government 
 ton liim for the money in order to entitle the corporation to 
 cover. Essex V. Park, 11 U. O. C P. 473. 
 
 [(c) See the preceding note. 
 
 M See note J to sec. 249 of the Municipal Act. 
 
 |({) See note a to sec. 247. 
 
 B/) It is only when the person charged is proved wilfully to have 
 idown, injured or defaced an advertisement, notice or other 
 unent, under the Act, that he can be oonvicted. Where the act 
 ■ged can be said to have been the result of mere neglect, see note 
 ) tec. 225, and not of the will, there is no offence ander this 
 
 bon. 
 
 I Direct imprisonment as a punishment under this section would 
 
884 
 
 KacoTcry of 
 fln«i8 mnd 
 forfeiture* 
 hereby 
 impoted. 
 
 THE MUNICIPAL MANUAL. r 
 
 [«• 262. 
 262. The fines and forfeitures authorized to be sum 
 imposed by this Act, (h) shall, when not otherwise nr '"T'^ 
 be levied and collected by distress and sale of the fp°^ ,' 
 goods and chattels, under authority of a warrant of y^ 
 to be issued by a Justice of the Peace of the coi 7^^^^.^ 
 or town ; and, in default of sufficient distress the ff '^^^^ 
 shall be committed to the common gaol of the coi ^ 
 
 hft thfiro Ifftnf. n.t. liJi.rrJ In.linnr fnr n. r>ar>i/->rl .,_i _ .V' *"<' 
 
 be there kept at hard labour for a period not exow i' 
 month, (i) R. S. O. 1877, c. 180, s. 216. ^"^ 
 
 one 
 
 Application 
 
 enaitiei ^^^" ^''^'^ *^*^* otherwise provided all penalties rec 
 pena e«. ^^^^^^^ ^j^j^j ^^^ shall be paid to the treasurer to tlie °^ 
 the municipality, (k) R. 8. O. 1877, c. 180, s. 217 
 
 use of 
 
 be illegal. Ihe only punishment authorized is a fine, to be coll.rf^l 
 by distress, and failing distress imprisonment not exceprlin™ i ^1 
 <lay8. See the following note. "^ '"'*"'J 
 
 (h) The authority of a Justice of the Peace summarily to t 
 w offence must be conferred by some statute, Aaard v V rk\ 
 Saville, 135. The authority is not to be enlarged by inferen all 
 
 parte Martin, 6 B. & 
 omission. Underhill v 
 
 0. 80, not even in the"case''ofTn"nr«'in, 
 Longridge, 29 L. J. M. C. 65; see at' 
 Wainwright, 12 L. J. Chan. 426 : S. C. 1 Phil. 261 Th 
 authority summarily to settle disputes between masters and sem b 
 ia not, in the absence of express legislation, to be extended to tl? 
 settlement of disputes between masters and household serv t 
 See Rex v. Hvlcott, 6 T. E. 583 ; Bramoell v. Penned 7 B A? 
 536 ; Hnrdij v. Ryle, 9 B. & C. 603 ; Lancaster v. Greaves lb 
 Ex parte Johnson, 7 Dowl. 702 ; Kitchen v. Sliatv, 6 A. ' 
 
 &. E. 
 
 62 
 729. 
 
 (i) If the fine can be collected by distress of goods and chatte., 
 would be unlawful to imprison. The imprisonment is only aut'ha 
 ized in default of sufficient distress, and then for a period nl 
 exceeding one month at hard labour. See In re Slater and irw/.l 
 " C. L. J. 21. '•' 
 
 U 
 
 {k) This section also applies to all penalties recovered under i 
 Act, All such, when not otherwise provided, must be paid to t 
 treasurer, to the use of the municipality. The fine authorized] 
 sec. 225 to be imposed on an assessor or clerk who refuses or negla 
 to perform any duty under the Act, is to be forfeited "to t 
 Majesty." See further, notes to sec, 423 of the Municipal Act. 
 
L. [b. 262. 
 
 zed to be 8umTnarily 
 i other-wise provided, 
 sale of the offender's 
 a, warrant of distress 
 B of the county, city 
 distress, the offender 
 jl of the county, and 
 iod not exceeding one 
 216. 
 
 L all penalties recovered j 
 •easuver to tlie use ol] 
 , c. 180, s. 217. 
 
 Bed is a fine, to be coUectedl 
 tneut not exceeding twenty 
 
 Peace snmmarily to try i| 
 
 itatute. A (lard v. C'amlisU 
 
 , enlarged by inference, M 
 
 in the case o{ an obvioof 
 
 L J. M. 0. 65 ; see alao, ," 
 
 'C. 1 Phil. 261. Thus _ 
 
 between masters andservanlj 
 
 ttion, to be extended to tlK 
 
 ers and housebold servantt 
 
 anxoell v. Penned,! V>.k( 
 
 Lancaster v. Greaves, lb. 621 
 
 ^v.S/.at«,6A.&.E.729, 
 
 itress of goods and chattels, ' 
 imprisonment is only aiithoi 
 and then for a period w 
 ^ee In re Slater and \\m^ 
 
 kenalties recovered under 
 Uvided, must be paid to L 
 hitv The fine authorized I 
 L clerk who refuses orneglej 
 fis to he forfeited "to B 
 k23 of the Municipal Act. 
 
 SCHBD- 
 
 A.] 
 
 NOTICE BY NON-RESIDENTS. 
 
 SCHEDULE A. 
 (Section 3.) 
 
 885 
 
 w«"" 
 
 MOTICB BV N0N-HK8IDKNT OWNER OF LAND REQUIRING 
 
 TO BR 
 
 ASSESSED THEREFOR. 
 
 lotheClerk and Municipality of 
 
 tice, that I (or we) own , ; , 
 
 . .^ Via aasessed, and have my name (or our names) entered 
 r«lp^3ges8ment Roll of the Municipality of (or Ward of the 
 
 tice that I (or we) own the land hereunder mentioned, and 
 
 «»'"^4trr'^*) therefor. 
 
 rrn. f IV lor our) full name (or names), place of residence and Post 
 
 I JceaSesB. are as follows: 
 
 R of the Township of York, flhoemaker, Weston Post Office, 
 I i ' » man be) Description of land (here give such description ax 
 b'S lead to the identification of the land). 
 
 Dated the 
 O.H. 
 
 day of 
 
 ,18 
 
 CD. 
 
 R. S. O. 1877, c. 180, Sched. A. 
 
 i < ;ilif,--' 
 
 
886 
 
 THE MUNICIPAL MANUAL. 
 
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 Q'i . 
 
E.! DECLARATIONS OF PARTIES COHPLAININQ. 
 
 SCHEDULE C. 
 
 (Section 6 i,8ub-a. 14.) 
 
 ngcLABATION BY PARTY COMPLAINING IN PBRSON 0» OYBB- 
 ""^ CIIAKOK ON PKU80NAL PROrEKTY ; 
 
 . n f get out name in full, with place of leaidence, hmineaH, trade, 
 
 'v ' li orcafiii'O) ^" solemnly declare tiiat the true vulue of all 
 
 pr*"" ' J property nsscbsable against me {or as the cane may he), ai 
 
 '*" ''*"''m iriliini or executor, etc., without deducting any debts due 
 
 I J';:V'respect ihereof. .a ----- ^ ^ -■- -- 
 
 [J71 cane dibta are owed in respect 
 ■' h vrop^rty : add, that I am indebted on account of such per- 
 
 "■'^ 1 roiicrty in t''^' «""* "^ ^ ' "'"^ ^''"■* *'''® *''*"® «">"""'' ^o*" 
 
 »"*'?. Ijjj lialtlo to bo rated and assessed in respect of personal 
 
 r^ inroDcrty in *'»« sum of J ; and tl 
 
 r° 1.1 m Hal'lo to bo rated and assessed 
 other than income, is 
 
 R. S. O. 1877, c. 180, Sched. 
 
 propcrtyi 
 
 887 
 
 H 1 
 
 v ' •"''■■i'lii 
 
 SCHEDULE D. 
 (Section 64, subs. 14.) 
 
 OF DKCLAUATION OF PARTY COMPLAINING IN PFR80N 0¥ OVBR- 
 """ CHARGE ON ACCOUNT OF TAXABLE INCOME. 
 
 i B (i^tt out name hi full, roith place oj residence, buninttsa, trade, 
 ro'/wii^ri, or ca/Zi/'tf j. do solemnly declare that my gross income, 
 Li fiom all sources not exempt by law from taxation, is 
 
 R. S. O. 1877, c. 180, Sched. D. 
 
 SCHEDULE E. 
 Section 64, subs. 14. 
 
 10? DECURATION BY PARTY COMPLAINING OF OVRRCHAROB IN 
 RBSPRCT OF PERSONAL PROPERTY AND TAXABLE INCOME : 
 
 U. B. (Kt 01U name- in full, with place of residence, business, trade, 
 Uiwion, or calling) do solemnly declare that the true value of my 
 nonal property, other than income, is [if there are debts, 
 
 I; that I am indebted on account of such personal property in 
 (lam of ;] that my gross income derived from all sources, 
 
 Inempt by law from taxation, is ; and that the full 
 
 nut fur which I am by law justly assessable, in respect to both 
 
 KDtl|>orperty aud income, is 
 
 R. S. 0. 1877, c. 180, Sched. E. 
 
888 
 
 :..,.;,, ;-^;, I 
 
 
 
 THE MUNICIPAL MANUAL. 
 
 SCHEDULE F. 
 
 (Section 64, iiuh-H, 14.) 
 
 lSohed, k 
 
 rOBM or DECLARATION BY AORNT OP A 
 CIIAROK ON PERHONAI 
 
 I. I'KOI'KKTV • "'"Vlii 
 
 I, A. n. (set out itami'. in /ii/l, with place of rmdcnc. h ■ 
 trade., profct^nion and railing) agont for C. J), (wi onl'n ' f""!^': 
 with plate of re.Hidnu'.i' ami calling of pcrmn uxHfHKcdi j?"'^ I"/"'', 
 decluro that tho true value of all this per.ioiml pioijortv* " "'"'7 
 against tho said G. D. (or an the. cum: itiaij he), as trustuu '''**''^. '''•'' 
 or executor, eta., is, . [In aine there are d(l,/n i« mm "/' '' 
 
 properly, add: Tho said C. D. is indebted on account of hiicI '"" 
 property in tho sum of ;] and tliat the true nmoinit f/'^'T'"' 
 
 tho sai(i ('. D. is liable to be rated and astsei^Mod iu rtisjpetitof'"^,* *" 
 property, other than inooino, is ; and that I have tlio '"'','^'"""' 
 
 knowinjjj, and do know the extent and value of tlio said p"'/'''' 
 
 personal property uud debts in respect tliereof. 
 
 K.S. 0.1877, c. 180,. SHec/.K 
 
 SCHEDULE a 
 
 Section 64, 8ub-8. 14. 
 
 rOBM OF DECLARATION BY AGENT OR PARTY COMPLAIN fNo oR nv 
 CIIAROE ON TAXABLE INCOMR : 
 
 I, A. B. (net out mme in fall with place, ofrcildenrc, huHinm h 
 profession, or callhi'i), agent for C \).(Htt nut mtmc. in M ^ 
 place oj residence, and caltiixj ofpernon am'..'<.ieil), do solomnlvde I 
 that the gross income of Ihe said C. D., derived from all source^" 
 exempt from taxation by law, is ; and that 1 have the ml 
 
 of knowing, and do know, the income of tlie said C. I). 
 
 R. 8.0. 1877, c. 180, ^cAerf,G. 
 
 SCHEDULE H. 
 
 (Section 64, subs. 14.) 
 
 OHM OP DKCLARATION BY AGENT OF PARTY COMPhAFNIVO OF AK oJ 
 CUARGR IN RESPECT OF PERSONAL PROPERTY AND TAXABLE ISCfl 
 
 I, A. B. (set out 7iame in full, with place, qfre.sidence,lmi)im M 
 profession, or calliny), agent for 0. D., (net out name. );(/"u'//l 
 plare of residence, and calling of person assessed), do solemniyd^ 
 that the true value of tho personal property of the said (', D.X 
 than income, is ; that the gross income of the sai,i (', Di 
 
 rived from all sources uot exempt by law from taxation, is 
 
 '^Mm:''' 
 
XL. l8ch«d. V 
 
 4.) 
 
 TY OOMPLMNINtl OF DVKK 
 )rKKTY : 
 
 lact of rcxidenre, hm'mu, 
 I), (urt (tvl namt in/iii/, 
 •Hon ii:i'<i''<>'i:il), "li> 8ole\mily 
 ui'sioniil propurty mhcssaIi'^ 
 / Ik.), iirt truHtec, guiniliwi, 
 (•. are dif'tn i'l r&janl /o ik( 
 m\ ivccovmt of HUch pcrsonil 
 till) true niuouut for wliluh 
 aoHHCil in respect of \mMU 
 ,nil that I liitvc tliu iiwaiisnl 
 i ViiliU! of tUo saiil (.'. /J.'i(| 
 ;licrci)f. 
 1877, c. 180, Sckd. V 
 
 E( 
 
 i-8. 
 
 u. 
 
 , .„ i: 1 '■ORM or TAX DBEDR. 
 
 , .L.t fhfl fuU •^ou t for which ♦'lo mid C. /). ia justly Mieaskblti, 
 
 said (?. /), is 
 
 889 
 
 ^ : 
 
 *' u,^M)f l)oti. porsi.iml property ami income, is 
 ""Em "» «'•'='»»"' "^ Pro/'ert!,, mid: That tho 
 
 'jehte.l on ao 
 
 •L'oiint of suoh norsoiml property in the sum of 
 
 ;] 
 
 \l\'\ I havd tlie moans ot knowing, und do know, tho truth of 
 sir. hereinbefore declared. 
 
 " R. S. O. 1877, c. 180, Sched. H. 
 
 I'ARTY COMrLMNINO OV Ovd 
 BLE INCOMR : 
 
 ace ofrenhhncc, himnm,iM^ 
 \) (^ft nut mmc iii/i/(l,(oi 
 ,1 a.s.s''.f'<'''/J. '^o solemnly declij 
 derived from all sources il 
 .' and tlmt I have the mcaj 
 e of tho said C. I). 
 
 1877, c. 180, Schei G.j 
 
 Ile h. 
 
 suh-8- U.) 
 
 IpARTY C0M?IA1SIN'0 0' ^"Oj 
 VpROl'KHTYANDT.VXABLElNClj 
 
 |. n (net out )iame w/u'J 
 
 Vprope^ty of the said r. p J 
 lo33 income of thesaiiCDI 
 
 i We, 
 Ul 
 btv or 
 
 SCHEDULE K. 
 
 (Section 183.) 
 
 FORM OK TAX DEKD. 
 
 ■„ a// (0 whom thci^i' Protentx shall come. 
 
 , of tho of , Krtmiiro, Warden (or, Mayor), 
 
 f,f t'lio of Kaquiro, Treasurer of tho County (or 
 
 own) of . ^*^ond CJrooting : — 
 
 [wiiKKEWhy virtue of a warrant under tho hand of tho Watdi-u 
 
 LMiUorlaiulsoal of the said County (or City or Town) bearing 
 
 [/.i,,, (lay of , in tho year of our Lord one thousaml 
 
 ht liimihcil and . con)manding the Treasurer of the said 
 
 ' ,, (or City or Town) to levy upon tho land hereinafter mentioned, 
 
 the .iirears of taxes due thereon, with his costs, tho Treasurer of 
 
 jaii County (or Oity or Town) did, on tho day of ,18 
 
 bv imblic auction to , of tho of , in the County of 
 
 ' tliiit certain parcel or tract of land and premises hereinafter 
 
 itioiieil, at an.l for the price or sum of of lawful money of 
 
 Lvla, oil account of the arrears of taxes alleged to be dno thereon 
 
 l,Jh|. day of , in the year of our L"rd one thousand 
 
 itliiimlred and togetlier with costs : 
 
 low bwvr yo, that we, the said and , as Warden (or 
 
 or) and treasurer of the s aid County (or (Jity or Town), in 
 
 mceof RU'-h sale, and of T/ie AsHMsmenl Act, and for tho con- 
 
 ition afiinsaid, do hereby grant, bargain, and sell unto the said 
 
 his iii-'iis and assigns, all that certain parcel or tract of land 
 
 [premises containing , being composed of (describe the land 
 
 thf mme may be readily identijied. ) 
 
 fitness whereof, we, the said Warden (or Mayor) and Treasurer 
 sail County (or City or Town), have hereunto sot our hands 
 xed the seal of the said (bounty (or City or Town), this 
 
 , in the year of our Lord one thousand eight hundred 
 ; and the Clerk of the County (or City or Town) Council 
 mtersigned. 
 
 A. B., Warden (or Mayor). [Corporate Seal.] 
 G. D., Treasurer. 
 
 lenigned, 
 \ll, Clerk. 
 
 112 
 
 R. S. O. 1877, c. 180, Sched. K. 
 
 r i 
 
 il 
 
890 
 
 THE MUNICIPAL MANUAL. 
 
 
 m«»^..' ' 
 
 R. S. 0. Cap. 194. 
 
 Au Act respecting the Sale of Fermented 
 Spirituous Liquors. 
 
 SB. 
 
 34- 
 
 Shobt title, s. 1. 
 Intbrpretation, s. 2. 
 License Commissioners, s. 3. 
 
 Powers, S8. 4, 5. 
 Inspectors, ss. 6, 7. 
 Issue of licenses, ss. 8-17. 
 Tavern licenses, ss. 18-30. 
 Nu:;iber, ss. 1.8-26. 
 Accommodation required, 
 . 27-29. 
 Security, s. 30. 
 Shop licenses, ss. 31-33. 
 Licenses by wholesale, bb, 
 
 36. 
 Transfer of licenses, b. 37. 
 Kemoval of licenses, ss. 38, 39. 
 Re-issue of lapsed license, s. 
 
 40. 
 Duties payable, ss. 41-44. 
 License Fund, ss. 45,46. 
 Keoulations and prohibitions: 
 License to be kept exposed, a. 
 
 47. 
 Notice of being licensed, s. 48. 
 Liquors not to be sold or kept 
 for sale without license, ss. 
 49, 60. 
 Sale by brewers and chemists, 
 
 88. 51, 52. 
 Sale by clubs, s. 53. 
 Sale on Saturday night and ou 
 
 Sunday, ss. 54-56. 
 Sales on polling days, s. 57. 
 Obtaining liquor at prohibited 
 
 times an offence, s. 58. 
 
 Sale from ships in port, s. 59. 
 
 Liquor sold under shop or 
 
 wholesale license not to be 
 
 drunk on premises, ss. 60, 61. 
 
 Sale to unlicensed persons, s. 
 
 62. 
 One bar only, b. 63. 
 
 Separate entrance to bar . 
 
 Licensee not to purchase' or. 
 ceive m pledge wearing 
 parel, etc., a. 65. * 
 Penalties : 
 
 Taking money for license oi 
 tihcate, report, etc., s.6«1 
 
 Issuing license contrary to J 
 
 Municipal officers and memb 
 of councils, 88. 68, 69. 
 
 Selling wi^'.iout license, s ja 
 
 Selling on Saturday night or J 
 
 Sunday, a. 71. 
 Refusing lodg,ing, s. 72. 
 Permitting drunkenness, s. I 
 Using internal communicati 
 
 with other premises, ss. 
 
 75. 
 Supplying liquor to pea 
 
 appa.'-ently under age ofi 
 
 8. 76. 
 Allowing liquor to be uu 
 
 fully consumed on prec 
 
 s. 77. 
 Drinking liquor on preij 
 
 where bought, s. 78. 
 Keeping disorderly houi 
 
 79. 
 Harbourmg constables on^ 
 
 8. 80. 
 Compromising prosecutioaj 
 
 81, 82. ^ 
 
 Disqualification of licen 
 
 83. 
 Tampering with witness,] 
 Penalty for violations of lil 
 
 specially provided for,] 
 Terms of imprisonment ( 
 
 cutive, 8. 8G. 
 Penalties not to be remitj 
 
 87. 
 
parate entrance to bar, s, , 
 censee not to purchase on 
 ceive in pledge wearing > 
 parel, etc., a. 65. 
 ALTIES : 
 
 aking money for lioeuse 
 titicate, report, etc. , s. 68.1 
 sBuing license contrary to ,'■' 
 
 ylunicipal officers andmeml 
 
 of councils, s8. 68, 69. 
 Selling wi' aout license, s, IL 
 Selling on Saturday mglit oti 
 
 Sunday, s. 71. 
 Refusingloa^ing, 8. /A 
 Permitting drunkenness, a._, 
 Using internal commumcatt 
 ■with other premises, ss, 
 75. 
 
 Supplying ^i<l'^°^ ^° ?",3 
 apparently under age of 
 
 8. 76. . V, i 
 
 Allowing liquor to be ui| 
 
 fully consumed on premi 
 
 8. 77. 
 Drinking liqfj on ptei 
 
 where bought, s. iS. 
 Keeping disorderly bo« 
 
 7y i 
 
 Harbouring constables onl 
 
 ComprU^^^°8Pfo««<="*''" 
 
 81, 82. , ,. 
 
 Di8q;ualification of bcens 
 
 Tampering witji;^t^2l. 
 Penaltyforviolatiou f 11 
 
 ^ Bpecluy provided for 
 Terms of imprisonment I 
 
 cutive, s. 8G. 
 PeuaUnottoberemi* 
 
 87. 
 
 R»M)very of penalties, s. 88. 
 ! Son of penalties, ss. 
 
 «^ 90. 
 I'Jinf OF LICENSE BY 
 
 ^'cS J^°««' ««• 9^' «2. 
 
 Jh,nSECUTIOI?S, SS. 93-100. 
 
 Cure where previous 
 
 CONVICTION CHARGED, 8. 101. 
 .„ OF INFORMATIONS AND 
 OTBKB FKOCEEDINGS, SB. 102, 
 
 I j()3 
 
 LjlENDMESTS, SS. 104, 106. 
 
 Llations of commissioners, 
 howauthenticated s. 107. 
 Presumption as to sale, s. 10«. 
 Proofofsale, s. 109. 
 Ughtia bar evidence, of sale, 
 
 E^denceof sale by unlicensed 
 
 person, s. HI. 
 Endence against occupant, s. 
 
 Presumptions conclusive unless 
 rebutted, s. 113. 
 
 Proof of license to rest on defen- 
 dant, s. 114. 
 
 CompelliDg attendance of wit- 
 aesses and production of 
 documents, ss. 115, 116. 
 
 Sinenses of inspector, 8. 117. 
 
 mis, 88. 118-121. 
 
 ILREMBDIES AGAINST TAVERN 
 KEEPERS, 8. 122. 
 
 LIQUOR LICENSE ACT. 
 
 891 
 
 Restriction on sale to, inb- 
 
 briates, ss. 123-125. 
 Payment for liquor illegally 
 
 SOLD NOT recoverable, S. 126. 
 
 Officers to enforce law : 
 Appointment, ss. 127, 128. 
 Powers and duties, s. 129. 
 Right of search, ss. 130, 131. 
 Seizure of liquor, ss. 132, 133. 
 ' Prosecution of offenders, s. 134. 
 Application of Act to unorgan- 
 ized DISTRICTS, S3. 135-140. 
 
 Municipalities under the Tem- 
 perance Acts : 
 Acts not to apply, s. 141. 
 Commissioners' and inspectors' 
 
 appointments and duties, ss. 
 
 142, 143. 
 Wholesale licenses necessary, s. 
 
 144. 
 Enforcing Acts, ss. 145-148. 
 Provision when law in force in 
 
 a county, including a city or 
 
 town in which law is not in 
 
 force, s. 149. 
 Duties payable under 0. T. Act, 
 
 s. 150. 
 Application of license fund, s. 
 
 151. 
 Expenses of districts in which 
 
 C. T. Act is in force, s. 152. 
 License districts may be formed 
 
 where C. T. Act is in force, s. 
 
 15a 
 
 |ER MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 
 icts as follows ; — 
 
 This Act may be cited as " The Liquor License Act." Short title. 
 R.S. 0. 1877, c. 181,8. 1. 
 
 I The English Statute 24 Geo. II. cap. 40, is not in force in this 
 
 Ltith V. Willis, 5 0. S. 101 ; Kearthy v. Heams, 6 O. S. 
 
 [udttie English Statute, 14 Geo. III. cap. 88 is now superseded. 
 
 jT. }nite, 18 U. 0. Q. B. 170. It has been decided by the 
 
 i Committee of the Privy Council, on appeal from the Supreme 
 
 , bhat the Dominion Parliament cannot legislate with respect 
 
 nor licenses. The Dominion Parliament has power to prohibit 
 
 k in intoxicating liqaora, Russell v. Regina 7 App. Cfas. 829. 
 
Ill 3ll 
 
 mrm 
 
 mi 
 
 li' I'l' 
 
 '!'s 
 
 892 
 
 Interpreta- 
 tion. 
 
 THE MUKIOIPAL MANUAL. 
 
 INTERPRETATION. 
 
 [8. 2 J 
 
 " Liquors " 
 
 and 
 
 "Uquor." 
 
 "Tayern 
 license." 
 
 " ?hop 
 license." 
 
 " Liconfle by 
 wholesale." 
 
 2. Where the following words occur in this Act 
 schedules thereto, they shall be construed iu the mat \^A 
 inafter mentioned, unless a contrary intention at ip 
 
 1. " Liquors " or '* Liquor " shall include all spiritno I 
 malt liquors, and all combinations of liquors and dr" t^*"'" 
 drinkable liquids which are -intoxicating, (b) ' **"" 
 
 2. " Tavern license " shall mean a license for n 
 bartering or trafficking by retail in fermented, spirituoi '° 
 other liquors, in quantities of less than one' quart "hi 
 may be drunk in the inn, ale or beer-house or othp' h 
 of public entertainment in which the same liquor is l/"/' 
 
 3. " Shop license " shall mean a license for sellintr 
 tering or tnifficking by retail in such liquors in shops "stoi 
 or phices other than inns, ale or beerhouses, or other hn 
 of public entertainment, in quantities not less than th 
 half-pints at any one time, to any one person, and at 
 time of sale to be wholly removed and taken away 
 quantities not less than three half-pints at a time. ((/) 
 
 4. " License by wholesale " or '* Wholesale license' o 
 mean a license for selling, bartering or traffickincr, bywh] 
 sale only (e) in such liquors iu warehouses, store*' shops j 
 places other than inns, ale or beerhouses, or other' house 
 public entertainment, in quantities not less than five <'> 
 in each cask or vessel at any one time ; and in any 
 where such selling by wholesale is in respect of bottledi 
 porter, beer, wine or other fermented or spirituous liqu 
 each such sale shall be in quantities not less than one da 
 
 (6) Spirituous and malt liquors are assumed for the purpose of J 
 Act to be intoxicating. All combinations of drinkable liquids wl 
 are intoxicating arc placed on the same footing as spiritiiousi 
 malt liquors. \Vhether a particular drinkable liquid is intoxicrf 
 or not, must be a matter for enquiry upon evidence to be nm 
 before the Justice or Justices whose duty it is to.'idjudioateupoa 
 complaint. See Harris v. Jenns, 9 C. B. N. 8. 152. 
 
 (c) A sale by any person licensed, in quantities less thiuiautlioi 
 by his license is clearly a punishable offence. Req. v. Fadku 
 U. C. Q. B. 529 ; Reg. v. Denham, 35 U. C. Q. B. 503. 
 
 (d) See note c supra. 
 information. 
 
 See also Schedule D, No, 7, as to forj 
 
 (e) See note c supra. See alao, Schedule D, No. 8, as to fo| 
 information. 
 
BOARD OF LICENSE! COMMISSIONERS. 
 
 893 
 
 ■e assumed for the purpose of] 
 nations of drinkable liquids wl 
 . same (ooting as spin uous 
 r drinkable liquid IS uitoxiMl 
 
 y upon evidence to k addl 
 /dutyitistoiuljudioateupoi 
 
 C. B.N. ^- 1^2. I 
 
 lixx quantities less tWautk 
 
 ■ 35 U. C. Q. B. 503, 
 
 Schedule D, No. 8, as to I 
 
 Three half 
 nts." 
 
 I il s of at least three half -pints each, or two dozen bottles 
 • Hojwt three-fourths of one pint each, at any one time. 
 
 J-f RS. 0. 1877, C.181, 8. 2. 
 
 • <* Three half-pints" shall, where bottled liquor is sold, "' 
 I 'uoU to be equivalent to five quarter pints Imperial 
 ^^Z. 44 V. c. 27, 8. 23. 
 « « License District " shall mean the city, county, union "License 
 . ' „„ties, or electoral district or districts, or any part of 
 ' lectoral district, or a union of parts of two or more 
 I toral districts, as the Lieutenant-Governor in Council 
 ,ay by order direct. 
 
 "Polling sub-division " shall mean the polling sub-divi- "Polling 
 
 n for the last general election for the district for theawision." 
 
 (fislitive Assembly in which the licensed premises or the 
 
 fflises for which a license is sought are situated. 
 
 < "Inspector" shall mean an Inspector of Licenses "Inspeetor." 
 innointecl for a license district under this Act. 47 V. c. 
 
 ,iA,part. 
 
 \i^^ The Canada Temperance Act" shall extend to andxerajwance 
 icludef/te Canada Temperance Act, 1878. 50 V. c. 33, s. 9. Act." 
 
 Is, There shall be a board of license commissioners to be Board of 
 
 Losed of three persons, to be appointed by the Lieutenant- Sonw."" 
 
 [vernor for each city, county, union of counties, electoral 
 
 Lrict Of license district, as the Lieutenant-Governor may 
 
 ink fit' and any two of the said commissioners shall be a 
 
 iorum and each of them shall cease to hold office on the 31st 
 
 f of December in each year, but he may be re-appointed ; 
 
 d the said office shall be honorary and without any remu- 
 
 Btion. {g) R- S. O. 1877, c. 181, s. 3; 48 V. c. 43, s. 8, 
 
 I The Legislature of Ontario by 37 Vict. c. 32 made it obliga- 
 
 jnpon brewers to take out licenses authorizing them to sell by 
 
 |We. In Reij. v. T'aylor, 36 U. C. B. Q. 183, this enactment 
 
 I held, by the Court of Queen's Bench, to be ultra vires ; but the 
 
 rtof Appeal, lb. 218, reversed the decision. An attempt was 
 
 I made to carry the case for decision to the Supreme Court of 
 
 idi, but for technical reasons it failed. Beg. v. Taylor, 1 S. C. R. 
 
 [The same point was afterwards raised in Beg. v. Severn, 2 S. C. R. 
 
 1 which the Supreme Court held that the decision by the Court 
 
 imi Bench was correct. 
 
 I It is difficult for the municipal authorities to enforce regula- 
 k lor the orderly keeping of licensed houses as well as to meet 
 
894 
 
 Powera of 
 tha oom- 
 miiaionera. 
 
 Defining 
 nquisites 
 for granting 
 tavern and 
 shoplicenseB. 
 
 Limiting 
 number of 
 lioenieB, etc. 
 
 li^zeniption 
 from haying 
 accommoda- 
 tion. 
 
 Kegulating 
 taverns. 
 
 Dpflninfc 
 duties of 
 inspectors. 
 
 THE HUNTCIPAL MANUAL. r 
 
 [^ 4. 
 4. The board of license commissioners may at an f 
 before the 1st day of May in each year, pass resolutions ?** 
 regulating and determining the matters following (h\ tu 
 is to say : ^' ^ ' *''** 
 
 1. For defining the conditions and qualifications requis * 
 to obtain tavern licenses for the retail within the m • 
 pality, of spirituous, fermented or other manufactured liq"?^' 
 and also shop licenses for the sale by retail within them ^ 
 cipality, of such liquors in shops or places other than Uy^T 
 inns, ale-houses, beer-houses, or places of public ent^l 
 tainment; ^'*' 
 
 2. For limiting the number of tavern and shop licenseil 
 respectively, and for defining the respective times and local- 
 ities within which and the persons to whom such limitll 
 number may be issued within the year, from the Istdav 
 May of one year till the 30th day of April inclusive of fl! 
 next year. R. S. O. 1877, c. 181, s. 4 (1, 2). 
 
 3. For declaring that in cities having a population accord 
 ing to the then last Dominion census of less than fiftea 
 thousand, a number not exceeding three persons ; a populi 
 tion of between fifteen thousand and thirty thousand a nur 
 ber not exceeding five persons ; a population of over thir 
 
 thousand, a numhernotexceeding ten persons ; andintnwj 
 
 having a population of over six thousand, a numler no3 
 exceeding two persons qualified to have a tavern license ma 
 be exempted from the necessity of having all the taver 
 accommodation required by law. 47 V. c. 34, s. 2. 
 
 4. For regulating the taverns and shops to be licensed • 
 
 5. For fixing and defining the duties, powers andprivilefl 
 of the inspector of J their district. R. S. 0. 1877 c Ij 
 8. 4 (4, 5). 
 
 Penalties 5. In and by any such resolution of aboard oflicen 
 
 imposed by commissioners the said board may impose penalties for 
 regulations, infraction thereof. R. S. O. 1877, c. 181, s. 5. 
 
 the devices parties may resort to for the purpose of evading and ( 
 trarening them. Per Morrison, J. , in Reg. v. Belmont, 35 U. C. f 
 298, 301. This difficulty on the part of municipal councils, wa«| 
 cause of the passing of 39 Vict. cap. 26, s. 1 of which this andf 
 sections following are a consolidation. See per Harrison, C. J., 
 re Brodie and Bowmanville, 38 U. C. Q. B. 585. See further, «ec. 
 
 (h) It is not as a general rule, intended that the municipal cod 
 and the license commissioners shall have concurrent powers, 
 
 ''JJ^iUAA.,. 
 
 "*S*iiti 
 
 -'^•--■., ..t; 
 
rs may at any time 
 
 pass resolutions for 
 
 J following, {h) that 
 
 [ualifications requisite 
 l1 within the munici- ! 
 manufactured liquMs, 
 L-etail within the muni- 
 .ces other than taverns, 1 
 aces o{ public enter-! 
 
 i^ern and shop licenseil 
 )ective times and local- 
 to whom such limitedl 
 Bar, from the 1st day 
 ' April inclusive of the 
 . 4 (1, 2). 
 
 zing a population accord 
 
 sus of less than fiftee 
 
 three persons ; a populi 
 
 d thirty thousand, anus 
 
 (opulation of over thir 
 
 m persons ; andintoii«i 
 
 ,housand, a numler no 
 
 lave a tavern license, ma 
 
 if having all the taver 
 
 [47 V. c. 34, s. 2. 
 
 id shops to be licensed ; j 
 
 Ities, powers andprivileg 
 R S. 0. 1877, c. 181 
 
 bion of a board of licei| 
 impose penalties for 
 c. 181, s. 5. 
 
 r^;;:^ of evading and ( 
 T{efl V. Belmont, 35 u. »-■ VL 
 if municipal councils, w»l 
 16, 8. 1 of which this andj 
 1 See pe»* Harrison, C. J., 11 
 B. 585. See further, seel 
 
 led that the municipal COB 
 Ue concurrent powers. 
 
 ISSUE OF LICENSES. 
 
 INSPECTORS OF LICENSES. 
 
 m 
 
 fl An inspector shall be appointed by the Lieutenant- ["^e^" «' 
 or from time to time for each city, county, union of appointment 
 !^Ss electoral district, or license district, as the Uen-^^^'^^f^ 
 \ *" . (iQvernor may think fit (i) and each inspector shall, «eourity. 
 I T" entering upon his duties, give such security as th« 
 
 ft. cial Secretary may require for the due performance of 
 
 • d duties (k) and for the payment over of all sums of 
 I .^v received by him according to the provisions of this ■ 
 
 J the salary of every inspector shall be fixed by the 
 lleutenant-Governor in Council. {1} R. S. O. 1877, c. 181, 
 
 i6;48V.c. 43, s. 8, ;?ar«. 
 
 7 A chief inspector may be appointed for the city of chief 
 Itonto, and he shall have jurisdiction throughout the said j^'P"*^' 
 It He shall perform all the duties of an inspector and appointed in 
 1 have all the rights, powers and authority tliereof, (m)'^"""'"' 
 shall be charged with the duty of seeing that this Act 
 ^enforced in the districts into which the said city is divided. 
 IH shall unless the Lieutenant-Governor otherwise ■ directn, 
 1 1 as the secretary of the board of license commissioners, 
 I i shall, in company with the inspector, visit and inspect 
 
 !^i 
 
 1 premises 
 
 for which a license is sought, and shall perform 
 
 icii other duties as may be assigned to him by the board or 
 Hf the Lieutenant-Governor in Council. 49 V. c. 39, s. 19. 
 
 ISSUE OF LICENSES. 
 
 3_(1) The Lieutenant-Governor in Council may direct i^ue of 
 Ike issue of licenses on stamped paper, written or printed, or ''•'^"■«^ 
 ittly written and partly printed, of the several kinds here- 
 
 £tand Bowmanville, 38 U. C. Q. B. 580 ; In re Arkell and St. 
 taw lb. 594. The Provincial Legislature has power to entrust 
 1 commissioners authority to enact regulations of the character 
 ecitied in this section, and to impose penalties as provided in sec. 
 
 Hodge \. Reg., 7 A. R. 246 ; 9 App. Cas. 117. 
 Although the inspector is appointed by the Executive it is in the 
 Imrof the license commissioners, also appointed by the Executive, to 
 
 ijbylaws for fixing and defining the duties, powers and privileges 
 
 the inspector for their district. See sec. 4, sub-s. 5. The duty of 
 liorcing the observance of the Act for the prevention of accidents l>y 
 
 leiahotels, &c., is imposed on the inspector by 51 Vict. c. 34, sec. 7. 
 
 |(l| As to the duties of the inspector. See sec. 11 and notes thereto. 
 
 |(I) Wiiile a salary may be allowed to the inspector, the office of 
 misaioner is honorary. See sec. 3. 
 
 I See sec. II and notes thereto. 
 
 
 ^1 .?: 
 
 1'?: 
 
 V. il 
 
 rfj;'' ■! 
 
After the Ist 
 *i M»y. 
 
 niavl 
 
 InjlRpecial 
 cMei. 
 
 896 THE MUNICIPAL MANUAL. rQ/,vl 
 
 inbefore mentioned ; and the licenses shall be signed I 
 Provincial Secretary and dated as of the 1st day of M - • 
 each year, and shall thence continue in force foi- one ' ""l 
 and shall expire on the 30th day of April in the next en "j 
 year, (n) 
 
 (2) After the 1st of May, tavern and shop licenses 
 issued between the 1st and 15th days of May in each 
 and licenses by wholesale may be issued between the fi"^ 
 and last days of May in each year ; and all such licenJI 
 shall be deemed to have been issued on the said 1st da 
 May. (o) 'y" 
 
 (3) Where special grounds are shewn, the license comtnii 
 sioners may direct one or more licenses to issue at any ' 
 after the said 1st day of May, if within the limit authorizei 
 by this Act ; provided always that the petition or apphcatia 
 therefor shall have been filed with the inspector on or befon 
 the 1st day of April next preceding, (p) R S 1877 
 181, s. 7 ; 47 V. c. 34, s. 3. " ' ' '' 
 
 9. Every license shall be issued, under the direction of th 
 respective boards of license commissioners, by the inspecto 
 for the license district in which the tavern, shop, waiehoiil 
 or other place to which the license is to apply is situati 
 except in the case of licenses for vessels, which maybeissui 
 under the direction of the license commissioners bv tl 
 inspector for any license district to or from any port in whw 
 the vessel sails, or at any port in which she calls (q) R 
 O. 1877, c. 181, s. 8. 
 
 LicenRes, 
 bow issued. 
 
 Vpss«1 
 Lieenses. 
 
 (n) The Temperance Act of 1864, provided that a bylaw paj, 
 thereunder, should come into force from and after the first of Mai 
 next, after communication thereof to the collector of inland revenl 
 The eflfect of such a by-law was to deprive persons licensed of I 
 right to sell liquors during the last two months of their license 
 O'mU and Oxford, 41 U. C. Q. B. 170. 
 
 (o) The license, no matter whether issued between the first l 
 fifteenth days of May, or between the first and hist days of JU 
 expires, under any circumstances "on the thirtieth day of AprilJ 
 the next ensuing year. " 
 
 ip) The license commissioners are to be the judges of "the spa 
 
 f rounds." The license when issued, even on special grounds, will j 
 e in force beyond the 30th April next, after the date of its isi 
 
 (q) The rule is to issue a license for sale of liquor at some pai 
 lar place, but a vessel which sails from place to place, is a necei 
 exception to the rule. In the former case the license can ooiyl 
 issued under the direction of the board of license commissioiu 
 
 m^^: 
 
 ■^- m^. 
 
vided t'uat a by law pas) 
 
 and after the first of Ma 
 
 „ collector of inland reveii| 
 
 )rive persons licensed of f 
 
 months of their license, ' 
 
 issued between the first l 
 • first and last days of \ 
 the thirtieth day of Aprill 
 
 be the judges of "the spa 
 ^n on special grounds, Willi 
 t, after the date of its \ti 
 sale of liquor at some pai 
 place to place, is a necea 
 case the license can onlyl 
 ktd of license commissionF 
 
 PETITIONS FOR LICENSES. 
 
 1(1 The license commissioners may pass resolutions regu- 
 iLi ?the sale of liquor on vessels to which licenses may be 
 i under their authority during excursions and at other 
 ■ • such resolutions shall, in order to their validity, be 
 I ctioned by the Lieutenant-Governor in Council. 47 V. 
 
 ii-_(l) A license to sell spirituous, fermented or other 
 mifactured liquors by retail, in any tavern, alehouse, 
 
 897 
 
 Regulation 
 of oale of 
 liquor on 
 yesaeli. 
 
 Ur-housft, pl"''^ °^ public entertainment or shop, shall not 
 
 leeranted (r) except upon petition by the applicant to the 
 
 lliceiise commissioners of the district in which the license is 
 
 lave effect, praying for the same ; nor until the inspector, 
 
 be appointed as hereinbefore provided, has reported in 
 
 <r to the license commissioners that the applicant is a 
 
 aud proper person to have a license and (in the case of a 
 
 ivem license) has all the accommodation required bylaw, (s) 
 
 idthat the applicant is known to the inspector to be of 
 
 cliaracter and repute ; (t) and every such report shall 
 
 uing jurisdiction over the plrvCe ; in the latter, tl" license may be 
 loedunder the direction of the license commissionci y the inspector 
 any license district to or from any port in which the vessel sails, 
 at any port in which she calls. See also sec. 10. 
 
 I The granting of the license may be conditional. lieg. v. Paton 
 ]. C. Q. B. 442. The granting or refusing of a license, is not a 
 
 No taTcrn 
 or shop 
 licenae to be 
 granted 
 except upon 
 petition and 
 report 
 thereon. 
 
 I'l 
 
 (U - - _ 
 
 fcial act so as to be subject to review by the court on certiorari. 
 
 V. Salf'ird, 18 Q. B. 687. If knowingly granted, when 
 
 ;ording to the provisions of the Act, it ought not to have been 
 
 ted, the persons granting it are subjecc to prosecution and fine. 
 
 sec, 67. 
 
 |(t| k license granted under circumstances which, by the Act should 
 pnt its issue, would, in the face of the strong Language used in 
 ! Act, appear to bo void. See Thompson v. Harvey, 4 H. & N. 
 See further note it to sec. 12. Two things are necessary ; first, 
 ^petition of the applicant; second, the report of the inspector. 
 [is intended that the inspector shall in good faith, make the 
 kiiiries necessary to enable him to give the required certificate. 
 ]%, V, Keimngton, 12 Q. B. 654. The duty to inspect is not 
 [which the court will enforce by mandamus. In re, Baxter v. 
 ,12U. C. Q. B. 139. 
 
 I The words, "character and repute," do not mean a man's real 
 
 Jiuct and mode of life, but his reputation among his neighbours. 
 
 |inay be Uving in adultery, but if this fact is not generally known, 
 
 nay still, by his neighbours, be esteemed a person of good 
 
 tacterand repute. These words were introduced for the purpose 
 
 poidmg the evils which have been found to result from the mul- 
 
 ation of houses licensed to sell spirituous and fermented liquors, 
 
 H in too many instances were found to be the resort of the 
 
 113 
 
H-" (|tf»L_ 
 
 ft 
 
 898 
 
 Report to be 
 filed. 
 
 When 
 
 petition for 
 liceciie to be 
 presented. 
 
 Report not 
 to be con- 
 oluHive. 
 
 Report may 
 be diflpenaed 
 with. 
 
 Board to fix 
 a day for 
 
 THE MUNICIPAL MANUAL. Tg ii 
 
 be duly filed by the license commissioners and shall re 
 open to the inspection of any ratepayer of the municin r" 
 or any Provincial officer, (m) ^""^ 
 
 (2) Every petition for a tavern license, which is to 1 1 
 effect on the Ist day of May in any year, shall be filed w^'th 
 the inspector for the license district wherein it is to K 
 effect on or before the 1st day of April next precedin<T T\ 
 
 (3) The inspector shall not report in favour of any r 
 cant other than the true owner of the business of tU 
 tavern or shop proposed to be licensed, (w) and his re I 
 shall be for the information of the license commissio 
 only, who shall nevertheless exercise their own Aiwvat; ™ 
 each application, (a?) 
 
 (4) "Where the applicant for a tavern or shop Jicei 
 resides in a remote part of the license district, or whcrp f 
 any other reason the license commissioners see lit thevm 
 dispense with the report of the inspector, and act'uDoii!in!i 
 information as may satisfy them in the premises 
 O. 1877, c. 181, s. 9 (1-4). 
 
 (5) The board of license commissioners shall, on or befo 
 
 "pon suclj 
 y) R., 
 
 considering the Ist day of April, tix a day for considering anpH 
 
 applications. " » Ir 
 
 iCHtioni 
 
 profligate and the worthless. See Reg. v. Leader, 16 C. R V l 
 584. In England a person convicted of felony, is for ever disquHlifiJ 
 from selling spirits by retail. Jteg. v. Vine, L. R. 10 Q, E. 195 
 
 (a) The report ought to be held confidential, as it is for the used 
 the commissioners only, but as the effect of so dealinc, raialitli 
 productive of great abuse, provision is made for the inspectiouofti 
 report by any ratepayer of the municipality or any provincial c 
 
 (y) This, it is apprehended, is only directory, in other wonij, tk 
 the commissioners may, after the day named, if they see fit, recel 
 the petition, rhe limitation as to time is made for their couveniencl 
 If they see fit to waive it, no other person can well be allowed! 
 complain. 
 
 (w) The intention is, that the true owner shall only be liceii» 
 the certificate required is as to his character and repute. If t 
 license were issued to a person other than the owner, there wduI 
 no guarantee for the proper conduct of the tavern or shop, 
 Thompson v. Harvey, 4 H. & N. 254. 
 
 (x) It is clear that the commissioners are not bound by thecml 
 of the certificate, but may exercise their own judgment, 
 of their own knowledge as to each appli(;Mtion. 
 
 (y) The report of the inspector is merely the means to an f 
 end may be attained by other means if the commissioners see fit, 
 
f! 
 
 
 UAL. 
 
 [b. U (1), 
 
 mere and ahaW remain 
 'er of the municipality 
 
 cense, which is to taVe 
 year, shall be filed wiili ' 
 t wherein it is to have ' 
 pril next preceding. («) 
 
 t in favour of any appli. 1 
 of the business of thel 
 msed, (w) and his report j 
 the license commissioners 1 
 ie their own discretion on] 
 
 a tavern or shop licena 
 ense district, or where fori 
 lissionefs see fit, they mj! 
 spector, and act upon m\f 
 in the premises, {y) R." 
 
 issioners shall, on or befoit 
 Ifor considering applicationi 
 
 . V. Leader, 16 C B. 1 
 
 f felony, 19 for ever disqwlifid 
 
 r rine, L.R. 10 Q.B. 195, j 
 
 jnfidential, asitisfortlieusel 
 
 effect of 80 dealing, mM 
 is made for the inspection oltl 
 cipalityorany provinculoifl 
 
 ^r directory, in other wovdMlii, 
 V named, if they see tit, receil 
 me is made for their convemejl 
 person can well be allowed 
 
 le owner sball only beta 
 
 ^, character and repute. H 
 r than the owner, there wld 
 
 ict of the tavern or shop, 
 
 14. 
 
 ,era are not bound by the «te 
 their own indgment,mafan5j 
 
 appli*'**^®^* I 
 
 merely the means to an end;! 
 
 1 1 Icenses, being not less than one week prior to the Ist 
 Ij f May in ^ach year, and the inspector shall publish, in 
 f H ast two issues of a newspaper, published in the district, 
 [» th re be one published therein, the date and place of sucli 
 I tnir at l^nst fourteen days before the day of such meet- 
 The inspector shall cause a notice containing similar 
 frmation to be fixed to or near the outer door of the 
 "iSding in which his office is situated. 
 
 ici\ TliP insoector shall, at least fourteen days before the Notice by 
 
 t meeting of the board to consider apphcations, cause to as to 
 
 published in at least two issues of some i. jwapaper pub- »pp»c»w»«"- 
 
 hed in the district, if there be one published therein, the 
 
 of each applicant for a license, who is not at the time 
 
 [the making of such application a licensee under this Act, 
 
 pwho applies for the licensing of premises not then under 
 
 ense the description of license applied for, and the place 
 
 scribed with sufficient certainty) where such applicant pro- 
 
 to sell, and also the total number of tavern and shop 
 
 enses issued diuiiig the current license year and the total 
 
 nber of applications for the ensuing year. He shall also keep 
 
 istof all applications, to be entered in a book to be kept by 
 
 i for the purpor-e, containing similar information, and the 
 
 ne shall be open to the public for inspection without charge. 
 
 Ij) It shall be the right and privilege of any ten or more objection.to 
 ors of any polling subdivision to object by petition, or applications. 
 ny similar manner, to the granting of any license within 
 
 1 subdivision. 
 
 k) The objections which may be taken to the granting of 
 lense may be one or more of the following : 
 
 i) That the applicant is of bad fame and character, (z) or of as to 
 
 drunken habits, or has previously forfeited a license, "pp^j^nj **' 
 or that the applicant has been convicted of selling 
 liquor without a license within a period of one year ; 
 or that he has kept, within a period of two years, 
 a place in which the illicit sale of liquors was fre- 
 quent and notorious ; or — 
 
 That the premises in question are out of repair, or have Ab to his 
 not the accommodation required by law, or reason- Premises, 
 able accommodation if the premises be not subject 
 to the said req lirements ; or 
 
 ! note U ) 9ub-s. 1 of sec. 11. 
 
 1 (: 
 
 ■ ■" •: 
 
 i. I 
 
 ■':4r. 
 
 i ' 1 
 

 900 
 
 Ax to tha 
 
 BviKlibuur- 
 
 hood. 
 
 Hearing 
 objuctor.'. 
 
 And tfaof>e 
 •utliTized 
 by iiiuiii- 
 cipalitieH, 
 
 THE MUNICIPAL MANUAL, Isll/h, 
 
 (c) That the licensing thereof is not required in tlie 
 bourhood, or that the premises are in the imtnd 
 vicinity of a place of public woiHiiip, iicspital"*'* 
 school, or that the quiet of the phice in which ml 
 premises are situate will be disturbed if a lice i 
 
 (9) Any person who has signed a memorial against th 
 'ranting of a license may be heard in ODnositidi. tu. '*. ,* 
 
 granting 
 
 himself or his agent. 
 
 opposition tlieieto 
 
 Ar to 
 
 objet'tioiiB to 
 character. 
 
 Board mny 
 IIOlii:ti 
 matters not 
 meutioned 
 by objectors, 
 
 Notice to 
 applU-ant in 
 such casei^. 
 
 Decision of 
 board final. 
 
 (10) The council of any city, town, incorporated villat,.| 
 or township mny authorize any person to appear in a simil I 
 manner on behalf of the ratei)ayer8 of sucli city town m I 
 jiorated village or township as to the granting of a liceii!*! 
 and the person so authorized shall have a right to bo ' 
 before the board against the granting of such license. 
 
 (11) Unless at the instance of the board, no objection 
 respect of the character of any applicant shall be entertain 
 until three days' notice has been given to the apj)licaiit, 1i 
 notice may be served j)ersonally or left at the usual i)lace i 
 residence or business of the applicant. The service may 
 proved orally or by affidavit sworn before a Justice of tk 
 Peace or a commissioner for taking affidavits. 
 
 ( 1 2) Notwithstanding anything in this Act contained, 
 board may, of their own motion, take notice of any mat(( 
 or thing which, in their opinion, wo ild be an objection i 
 the granting of a license, although no notice or objection I 
 been given or made as by this Act provided: in any such ( 
 the board shall notify the applicant, and shall adjourn tii 
 hearing of the application, if requested by him, for 
 period not exceeding fourteen days in order that any pen 
 afl'ected by the objection may have an opportunity of ansi 
 ing the same. 
 
 (13) The decision of the board, when once announced! 
 the chairman, shall not be questioned or reconsidered ; 
 vided, nevertheless, that in cases in which the decision of| 
 board has not been unanimous, or in cases in which the| 
 son or persons afiected by such decision, petition the 1 
 and allege facts or grounds for their consideration not] 
 merly before them, the board may by resolution, in 
 all of the commissioners concur, decide to rehear the 
 Where a rehearing is allowed, notice thereof shall be give 
 the inspector to at least one of the petitioners or his 
 
 ^%^^i/ 
 
«UAL. [b. 11 (8) (c). 
 
 )t required in tl\e iieigV 
 ses are in the immediate 
 Uc wovubip, hospital, or ' 
 ; the place in wliicb sucli J 
 i diaturbed if a license iij 
 
 a meraoviai against tUl 
 in oppoHition tbeieto ijl 
 
 ,wii, incorporated villnge,! 
 pson to a\)peav in a simiW 
 8 of such city, town, incoM 
 the granting of a licins«^j 
 , have a rigiit to be liean" 
 iiiig of such Ucense. 
 
 t\ie board, no objection 
 
 )plicant shall be entertain 
 
 given to the ap\)licaiit, Tlj 
 
 or left at the usual \ilace ' 
 
 leant. The service may 
 
 ovn before a Justice of 
 
 iug affidavits. 
 
 ii(f in this Act contained,! 
 
 L*take notice of any raati 
 
 \ wo dd be an objection] 
 
 k'h no notice or objection i^ 
 
 ct provided: in any such c 
 
 •ant, and shall adjourn tli 
 
 requested by him, for i 
 
 lays in order that any pen 
 
 ,ve an opportunity of ans^ 
 
 Id when once anuouncedj 
 [tioned or reconsidered ;f 
 Is in which the decision ofl 
 
 or in cases in whict thel 
 
 decision, petition the M 
 
 their consideration not! 
 
 f may by resolution, in ^ 
 
 L decide to rehear the 
 
 lotice thereof shall be giva 
 
 the petitioners or his f" 
 
 1H19)1 OBJECTIONS TO ORAMTINO A L10BN8E. 
 
 t\i) No license shall be granted to any applicant for 
 
 68 not then under license or shall be transferred to 
 
 iP''. ..gmises it' a majority of the persons duly qualified to 
 
 j'"' ggiectors in the subdivision at an election for .i meni- 
 
 ii! f the Legislative Assembly, petition against it, on the 
 
 lloilfls hereinbefore set forth, or any of such grounds. In 
 
 1^ f ,inv disnuto as to whether the number of electors 
 
 1 h have 8i"ned such petition compose a mnjonty ot the said 
 
 Ilvmiftlifiod electors of the subdivision, or, in case of a 
 
 irmteasto whether anyone or more persons who have 
 
 I ed the |>etition are duly qualified voters, the clerk of the 
 
 I nicipality in which the subdivision is situate, shall take 
 
 'i jpiice upon oath, or otherwise, and determine the question 
 
 dispute, and he shall in such case certify to the board the 
 
 nber of duly qualified electors aforesaid for the subdivi- 
 
 kiniindtlic niimbor of such electors who have signed the 
 
 letition and his certificate shall be final and conclusive. 
 
 Any petition against the granting of a license shall 
 
 ilodi'ed with the inspector at least four d»ys before the 
 
 I tiiiit meeting of the board to consider the aj)plication ; 
 
 I the inspector shall present the same to the board at the 
 
 ist meeting thereof. 
 
 |(1G) The inspector shall keep a list posted in his office foi' 
 Le days jirevious to the meeting of the board, of all 
 rtiticatc'S and petitions lodged with him us aforesaid, and 
 jtn'such petition or certificate shall be open for public 
 Uction without fee. 
 
 Every application for a license, and all objections to 
 ^iv sucli application, shall be heard and determined at a 
 king of tlie board. 
 
 |18) Every such hearing shall be open to the public, and 
 
 Uoaid may summon and examine on oath such witnesses 
 
 Bhev may think necessary, and as nearly as may be in 
 
 Imaniim' directed by any Act now or hereafter to be in 
 
 iielatiu'' to the duties of Justices in relation to summar\' 
 
 nctions and orders ; and any member of the board may 
 
 kiuister the oath : but nevertheless nothing herein con- 
 
 I shall pievent the board from retiring or sitting with 
 
 I doors while considering or preparing their decision or 
 
 meut in respect of any application or applications. 
 
 19) Any meeting of the board for the consideration of 
 tcations may, at the discretion of the board, be adjourned 
 
 UOl 
 
 Mftjorlty of 
 nIcciorN tn*y 
 provi'tit 
 llreiiMf. 
 
 rime (or 
 
 I'oNUng lUt 
 (il'petiiioDii, 
 
 (ttC. 
 
 Ht>iirin(( and 
 (1 ■t(!rinlnln({ 
 objections. 
 
 Proceedings 
 ut beaiiDgs. 
 
 Adjourning 
 uitietingB. 
 
 "B'i ' 
 
 1 
 
 P 
 
 m 
 
 ii 
 
 
 i-i 1 
 
 b|Rj { 
 
 4\ 
 
 
 M 
 
 
 |! 
 
 
902 
 
 OfllM of 
 
 intpector. 
 
 F-TuKoIng 
 lubm-ctloiiii 
 d«*uUr»tory 
 only. 
 
 Mode of 
 proeedare in 
 obUining 
 tavern or 
 ■bopliceniui. 
 
 !;■■'',. 
 
 TUB MUNICIPAL MANUAU f. ii-. 
 
 I • '* (19). I 
 
 from time to time to the same or any other nlacft nri u 
 withi.1 the district. ^ "'••'uildiDij 
 
 (20) Where the inspector has not tuken or set an 1 
 
 iniseM eBi)0cially for the purposes of an oflicn ♦»„; ' '*'*I 
 
 • I'll II 1 , . . *'*'''i "ic room I 
 
 ruoniH in whicli he usually conducts hw officinl \ ■ 
 
 whether iit his residence or place of business, sball be T"^ 
 
 to be his ollice for the purposes of tliis Act. ^*"" 
 
 (21) The foregoing sub-sections of this section are decla 
 to be obligatory on the board and inspector, but non 
 pliance therewith shall not invalidate the action of th l'^'^' 
 or inspector. Nothing in this sub-section contained T 
 authorize the grunting of a license contrary to tbo nrnui!; ' 
 of sub-section 14. 47 V. c. 34, s. 4. *^ '""" 
 
 12— (1) If upon application of any peiHon requiring ! 
 tavern or shop license, it appears that such applicant is tk 
 true owner of the business of such tavern or shop and 
 complied with the requirements of the law, and of any niug 
 cipal by-laws in force in that behalf, and also with the lei 
 lations and requirements of the license comniisHioiiers and 
 one of the persons designated or otherwise approved of 
 the license commissioners, the said license conimissioners 
 grant such applicant a certificate under the hands of any t^ 
 of them, stating that he is entitled to a license for a certi 
 time, and for a certain tavern, inn, house or place of puh 
 entertainment or shop within the municipality, to be 
 tioned in such certificate, (a) 
 
 (2) The license duty shall then be paid by the apiilia 
 into such bank as may be designated by the Provincial Se 
 tary, to the credit of the " License Fund Account," for 
 license district; and upon ]»roduction by the applicant toi 
 inspector of the certificate of the license commission 
 together with a receipt shewing j)ayment in full of the 
 to tlie credit of the license fund acco\int, the inspector 
 
 (a) It is in the disci etion of the commissioners tc grant or i 
 the license. Therefore no action lies against them for th» i 
 refusal of the license. Bussett v. Oodschall, 3 W ils. 121, and ■ 
 absence of corruption there can be no criminal proceeding! f 
 against them. Jiex v. Williams, 3 Burr. 1317 ; Bex v. ^a«n,3J 
 1716, and there is no provision, made for an appeal fromi 
 decision. See Jiex v. Af iddlesex, 3 B. & Al. 938; Reg. v. Dt^ 
 Q. B. 96 ; Jteg. v. Cockburn, 4 E. & B. 26.5 ; Beg. v. %, s] 
 B. 489; Drake's Case, I.. R. 5 Q. B, 33. See further note r( 
 11. 
 
 liii 
 
tier place or buildini] 
 
 icn or set apart pr^l 
 n office, thu room qi| 
 hiH of[ic\al \mHm««,| 
 LituHB, Hball be deem« 
 Act. 
 
 \\» section are tleclan 
 H\)ectov, \)ut noncoB 
 tbe action of the Wij 
 ection contained M 
 itrary to the provi»ioi 
 
 iny perHon requiring' 
 it Buch applicant is ' 
 ivern or Hhop, and 
 ho law, and of any ran 
 , and also with the ve« 
 nse comnussioners, and 
 hevwise a\)proyed of 
 icense commissioners n 
 uder the hands of any I 
 to a license for a cetti 
 house or place of puli 
 imnicipality, to be 
 
 ,be paid by the applia 
 Ldby the Provincials* 
 I Fund Account," for 
 Ion by the applicant toj 
 lie license commission* 
 [yment in full of the ^ 
 [count, the inspector 
 
 lUDl L10BN8E8 TO OOMMIHSIONBHS OR INSPB0T0K8. 
 
 .L license authorized by the liceuse comuiissionerB. (6) 
 ;loi877,c. 181,8. 10. 
 
 14 The liceiisf' oomnusHionorfl shall not grant any certifi- 
 
 tor a license, or any cortificato wliaiHoevor, whereby any 
 
 ^ can obtain or procure any licenso for the «ale of upiritu- 
 
 f* tBiniented or intoxicuting liquorn, on the days of the 
 
 riiibition of the Agricultural Association of Ontario, the 
 
 I Justrial E-xhibition of Toronto, or of any electoral dihtrict, 
 
 itowusliip. agricultural society exhibition, either on the 
 
 iuIhoI' such .society, or within the distance of three hun- 
 
 iSSvurcis from such grounds, (c) R. S. U. 1877, c. 181, s. 
 
 jlljiy V. c. 34, 8. 14. 
 
 14 No license shall hereafter be granted to or for any 
 Kenyboat. (t/) 47 V. c. 34, s. 24, ;jar<. 
 
 15 A tavern or shop license shall not be granted to or for 
 ■ill benefit of any person who is a licetise coniuiissiotier or 
 
 inspector and every licenso so issued shall be void, (e) R. 
 
 i\ih,o 181,8. 12. 
 
 903 
 
 ^1^ 
 
 No IImdm to 
 b« |r»nt«l 
 for corUIn 
 Uiiitii aud 
 pli 
 
 No lleenM to 
 furry boat. 
 
 No IImom to 
 be Rranted 
 to cominin- 
 aloiior or 
 inspector. 
 
 1R— (1) A tavern or shop license shall not be issued for Licenie not 
 
 'remises within any license district of which any of the {°,''^*„'''"*'* 
 
 vinuft commissioners or of the inspectors for such district premUe» 
 '*'^ I 1 • • • II • 1 ownwd by 
 
 ithe owner, and eveiy license commissioner who knowingly .uch perion 
 
 nnts a certiticate for a license, und every inspector who ^'J,^^* ^ 
 
 laowingly issues a license for any such premises, contrary 
 
 provisions of this section, shall incur a penalty of 
 
 (/) R. S. 0. 1877, c. 181, 8. 13. 
 
 It| See sec. 45. 
 
 .1 A certificate for a license, granted in contravention of this 
 liioD, would, it ia presumed, be held void. See Thompson v. 
 in^i/, 4 H. ^ N. 2.-i4. The Court refused to grant a mandamus to 
 joke a certiticate for a license granted in contravention of a muni- 
 1 bylaw. See Reg. exrel. Gamble v, Jiunuide, 8 U. U. Q. B. 263. 
 
 ) See note c to sec. 13. 
 
 >YUB. — , .^^^) A license granted when the Act provides that it shall not be 
 
 bic/ui^. n-'oceediDM ^^Bted would probably be void without any express enactment, 
 r Tsn ; if<'»^- HauA^^lkmpmy. Harvey, 4 H. & N. 254. 
 
 Li^rioners to grant ot 
 
 \ against them or the a 
 lcftot{,3WilB.121,and. 
 
 r. lau , i"^* '• V' 
 ie for an appeal {torn 
 . &AI. 938;Re3.v./) 
 
 B. 265; Reg- v- % 5. 
 U See further note r 
 
 ) The penalty is a severe one, but it can only arise when the con- 
 loithe commissioner or inspector is knowtvyly wrong. Where 
 
 lillegal conduct is the result of ignorance or mere negligence, it 
 
 ^lehended the section is inapplicable. 
 
 i'! I 
 
 ■ 1, ■■] 
 
 }IU 
 
'I 
 
 hi^ 
 
 904 
 
 Last Rub- 
 section not 
 
 THE MUNICIPAL MANUAL. 
 
 to apply to premises owned or occupied by a joint stock com 
 
 Sh com!" which a liceiise commissioner is a shareholder, but if? 
 
 mi_g8ioner, such case, and in every case where a license commission^^-' 
 
 shareholder, the mortgagee of any premises or agent for the coliecti ^"^ "J 
 
 rents in respect of any such premises, such license c ^^ • 
 
 sioner shall not, under a penalty of |500, vote im ™'"* 
 
 question affecting the granting of a license to the comV"^l 
 
 or for premises owned or occupied bv it. or for ni.o.v • J 
 
 respect of which he is such mortgagee or agent, (a) 4fi v 
 
 ^D, S. 1. I 
 
 LioeiiHe 
 limited to 
 
 17. Subject to tbp provisions of this Act as to removals (J 
 pMsorand and the transfer of licenses, {%) every license for the sale 
 
 wWcMt l^q""'" «'^^11 ^'^ ^""^^ *^ ^® ^ ^^?^"«® <^"ly to the person thereb 
 was granted, named {j) and for the premises therein described (k\ 
 lt^-si%T. shall remain valid only so long as such person coiitiLies 
 be the occupant ot the said premises and the true owipr 
 the business there carried on. R. S. 0. 1877, o. 181 s 1 
 
 TAVERN LICENSES. 
 
 Limitation 
 of license!*. 
 
 Number. 
 
 18 — (I) The number of tavern licenses to be (^ranted 
 the respective municipalities shall not in each year be 
 excess of the following limitations : in cities, towns audino 
 
 ({/) A similar provision is contained in the Municipal Act sec 
 8ub-s. 10(6). Where three out of five of the members of a miinicil 
 council were disqualified from voting, a by-law passed by til 
 granting a bonus to a stock company in wliich they were sharejioll 
 was held void. In re Baird and Almonte, 41 U. C. Q. B. 415, 
 
 (h) See sec. 38. 
 (»■) See sec. 37. 
 
 11. 
 
 (j) See note w to sec. 
 
 (k) A license to sell spirituous liquors by retail, inchides rei 
 able additions to the original premises, not diminishinj,' the \\% 
 sary accommodation, and it is a question of fact, wlietberori 
 after such additions the premises are substantially the same as 1 
 licensed. R<g. v. Smith, 15 L. T. N. S. 178 ; Stringer v. Tmttt 
 mtddersfield, 33 L. T. N. S. 568 ; Reg. v. Raffles, 1 Q, B. D, j 
 In England persons licensed to sell spirituous liquors by reb^ 
 particular places, are allowed without the necessity of a magistri 
 license to sell at public fairs or public races. See Boufiho/ v, 
 botham, 15 L. J. N. S. 222 ; Ash v. Lynn, L. R. 1 Q. B. 270; , 
 nant v. Foulger, L. R. 2 Q. B. 399, but the law is different ia 
 Province. 
 
 Ikslf'i 
 
NU\L. 
 
 [8.16(2). 
 
 il not extend or apply t(v| 
 joint stock company iu! 
 taveholder, but in every! 
 I license commissioner ii| 
 rent ior the collection of 
 jes sv\cli license corainis.1 
 of' $500, vote upon anyl 
 , license to the comparvyl 
 by it, or {or premises ial 
 gee or agent, (gf) 46 V, c 
 
 this Act as to removals (H 
 •ery license for the sale J 
 5 only to the person thereii 
 therein described, {k) an 
 3 such person continues i 
 Lses and the true owner 
 R. S.O. 1877,0.181, s,l| 
 
 3ESSES. 
 
 •lUicenses to be granted] 
 \\\ not in each year be 
 ,s-. in cities, towns and mw 
 
 Uin the Municipal Act, sec™ 
 
 Liiora by retail, includes n 
 
 ,qn\] LIVIT OF NUMBER OP LICENSES. 905 
 
 ted villages respectively, according to the following scale, l^J^^^^^^ 
 us to say, one for each full two hundred and fifty of the viiiages. 
 fi\ one thousand of the population, and one for each full 
 f hundred over one thousand of the population ; (m) but 
 case shall this limit authorize any increase in any 
 ^ cioality in excess of the number of licenses therein issued 
 rihe year ending the 1st day of March 1876, unless from 
 , . j,j„.g increase of the jjopulation the license commission- 
 ' tbiiik a larger number has become necessary, but not in 
 f case exceeding the limit imposed by this Act. 
 !■)] In incorporated villages, being county towns, the limit Kxoeption«. 
 be live in number, (n) and in the town of Niagara Falls 
 ee hotels, near the Falls of Niagara, and in the town of 
 'ort Arthur three hotels, which may be licensed, maybe 
 [eluded from the number which would otherwise be the 
 laximiim limit under this Act. ^u) R. S. O. 1877, c. 181, s. 
 15; W V. c. 39, s. 21. 
 
 |19__(1) The number of the population which is to deter- Manner of 
 Lethe number of licenses at any time under this Act shall uio'^poimb-'^ 
 laccording to the then last preceding census taken under JX'^^^jhe 
 authority of the Dominion of Canada, except where the number of 
 iiise commissioners are at any time of opinion that, owing ''*'''°*'^''- 
 ■\ lar^e increase of population since such census, an 
 reased number of licensed taverns is needed for the con- 
 lience and accomniodation of travellers ; and in that case, 
 le license conmiissioners so certify, and the council of the 
 
 This section prescribes the mmimum number of licenses for 
 municipality. Liceuse commissioners have under suba. 2 of 
 1, power to limit the number of licenses. They may, in the 
 of a particular municipality, limit the number to less than the 
 iM provided for by tiiis section, but cannot exceed it. 
 
 Take for example a city containing a population of 11,000 : 
 
 First 1,000 4 
 
 Remaining 10,000 25 
 
 Total 29 
 
 are none allowed for a fraction of 400, and the number 
 iiized on Ist March, 1876, is not to be exceeded except under 
 
 circamstances, 
 
 Aa ordinary incorporated village falls under the general rule 
 Wbysub-3, 1 of the section. Where the village is the county 
 ,u arbitrary limit of five is fixed as the maximum. 
 
 The meaning is, that in the towns of Niagara Falls and Port 
 there may be three hotels beyond the ordinary maximum. 
 
 114 
 
 i :■ 
 
 
 ^l :;;•[ 
 
 i! \ 
 
 i.i 1 
 
 pi 
 
 m 
 
 4 
 
 ].' i 
 
906 THE MUNICIPAL MANUAL. 
 
 , municipality memorialise the Lieutenaut-G 
 
 [«• ^9 (1). 
 
 overnor for 
 
 incrense of the number of licensed taverns the I " 
 Governor in Council may authorize a new census t u ,° 
 ----- -- authority of a by-law of the municipalLanJ 
 
 le of the municipality, and the limit for tl^ 1. 
 ber of licenses shall thereafter, upon each such new 
 
 Case of 
 Alteration or 
 lormatiou of 
 muoioi- 
 pality, 
 
 or municipal 
 <sen8U8. 
 
 Council may 
 limit 
 
 number of 
 licenses. 
 
 under the au^-^'*'*'*'^ '^^ " V»w.la.wr nV +v.„ • . " wue 
 
 the expense oi me mumcipamy, ana the limit for ti 
 
 be one for each full two hundred and fifty of the no ^T^^ 
 under one thousand, and one for each five hundred - 
 thousand of the population. ( p) ^^ ^^ 
 
 (2) In case of the alteration or fomtation of any n " 
 pality subsequent to such census of the Dominion of C'"!!!* 
 the population of such municipality, for the purposes Jf th 
 Act, may be ascertained by the said license conmiissiona 
 by reference to the enumeration on which such census t 
 place, or by a new census taken under the provisions of tk 
 section. (17) 
 
 (3) Where, since the said Dominion census, a census 
 been taken in any municipality under the authority of 
 council having jurisdiction, the limit may be the same ad 
 the case of a census taken under this section for tlie nniiv 
 of this Act. (r) K S. O. 1877, c. iSl, s. 16. ' 
 
 20— (1) The council of every city, town, village or to| 
 ship may, by by-law to be passed before the Lst day of Ma 
 in any year, limit the number of tavern licenses to be issi 
 therein for the then ensuing license yeai-, bpfinnin"^ on 
 1st day of May, or for any future license year uiitif such] 
 law is altered or repealed, })rovided such limit is witliiul 
 limit imposed by this Act. (s) 
 
 (/)) I*opulation is made the basis for the calculation of tlie 
 mum number of licenses to be issued. The number of tliepnpulj 
 may be ascei'tained either by the result of the last general ceiisu 
 by the result of a special census to be hail uiuler the circumsU 
 stated. While the limit under such special census is as imdej 
 18, one for each two hundred and fifty under one thousand, th 
 only one to be allowed for each five hundred over one thousai 
 the population. The latter provision differs from sec. 18 
 allows one for each four hundred over one thousand. 
 
 (q) See the last note. 
 
 (r) See note p supra. 
 
 (.s) Pom cr is, under sub-s. 2 of sec. 4, conferred upon the 1 
 commissioners to pass by-laws for limiting tlie number of tfive| 
 shop licenses respectively. Similar power as to tavern lieousa 
 is by this section, conferred on the council of every city,, 
 
 ■'-'■^... 
 
 '^■•fe;..,| 
 
ILL. 
 
 [9. 19 (1). 
 
 aut-Governor for an 
 ems, the Lieutenant 
 iBW census to be take 
 5 municipality anl 
 tie limit for tlie numj 
 ach such new censu 
 fifty of the populatio 
 five hundred over on 
 
 rn^ation of any munici 
 he Dominion of Caua' 
 for the purposes of tit 
 1 license coramissioue 
 which such census to 
 ier the provisions of tli 
 
 lion census, a census 
 der the authority of 
 it may be the san\e a»| 
 lis section for the puvp( " 
 181, s. 16. 
 
 ty, town, village or toii 
 if ore the 1st day of Ma 
 avevn licenses to be is9 
 se year, beginning on 
 license year until suchl 
 id such limit is within I 
 
 . the calculation of the 
 The number of the popull 
 Lt of the last general ceiiau 
 f hail uncler the circuinsU 
 Ipecial census is as un.ler| 
 Iv under one thouaaiul, tM 
 liuudved over one thoi«a< 
 t)u differs from sec. IS 
 . one thousand. 
 
 I 4 conferred upon the 
 Kiting the number otave 
 tower as to tavern hec;«s9 
 L council of every city, 
 
 EXTENSION OF LICEMSEa 
 
 907 
 
 M 
 
 m The COUiiuii oiio-A- ^v.»^ «, ^^ ^^^^i,j ^. »«v,„ „j ™„ law UmiUng 
 
 ui flpwt immediately after the passing thereof, to the to be uRt to 
 '^ **. iJmiasioners of the district in which the mur-" «>«"»'"•<"»■ 
 
 ouncil shall cause a certified copy of such by-law R^'ji^ife' 
 
 R. S. O. 1877, c. 181, s. 17. 
 
 P^jjujissioners oi une aisi^rici in wnicn me munici- 
 
 ility is situate, (t) 
 
 01 Id any case where the license commissioners of any 
 
 district do not think fit, or are unable, to grant a new 
 
 • to any applicant who has been licensed during the 
 
 era. 
 
 Extended 
 licenMa. 
 
 ; If.. 
 
 neverw 
 
 tion 
 
 twelve months, or any part thereof, they may, 
 thetess by resolution, provide for extending the dura 
 
 ng 
 
 of the existing license for any specified period of thp 
 not exceeding three months, at their discretion, upon 
 ■^*'^'ent by the applicant, of a sum not exceeding the pro- 
 '"'Vonate part of the duty payable for such license for the 
 V\ next ensuing license year; and such license, when a 
 rTficate of the extension aforesaid has been endorsed 
 U on under the hand of the inspector for the license 
 irtrict,' shall remain valid for the period specified in the 
 IrKolution of the license commissioners, and no longer ; (u) 
 
 I te or tow nship. A similar power as to shop licenses is conferred 
 
 ke'SS. The power, if exercised by a municipal council, must, 
 
 I der this section, be exercised before the first day of Marcl The 
 
 r t whether tixed by the license commissioners or by the municipal 
 
 mcil is subject to the maximum prescribed by sec. 18. When 
 
 ** jjd'ijy a by daw of the municipal council, it exists as to all future 
 
 so long as the by daw is in force. 
 
 This is for the guidance of the license commissioners in the 
 jieofhcenses in the particular municipality. A by-law limiting 
 Ite number of tavern or shop licenses to one, would be bad, as creat- 
 u a monopoly. See In re Barclay and Darlington, 12 U. C. Q. B. 
 i- In re Gnystock and Otonabee, lb. , 458 ; /ji re Brodie and Bow- 
 iMinfe 38 U. C. Q. B. 580 ; but not so where the limit is two or 
 See Terry v. Haldimand, 15 U. C. Q. B. 380 ; In re Qifford 
 U Darlington, 35 U. Q. B. 285 ; lie Boylan and Toronto, 16 O. 
 113. 
 
 (u) In order to obtain a license, which in itself continues only for 
 an expenditure of money is necessary in providing the neces- 
 f accommodation. When the license has been obtained, a further 
 jeiiditure is necessary in providing liquors, &c., for the purpose of 
 itksiness, most persons so licensed look forward to the renewal of 
 lelicense, provided they continue of good conduct and repute. In 
 Get thit such persons may not be surprised, or prejudiced by not 
 laininc a new Ucense, provision is made for an extension of the 
 (eise, not exceeding three months upon payment of a proportion- 
 tpirt of the duty. The object of tha extension is to enable the 
 wns indulged to make arrangements with as little loss as possible 
 Ipoutof the business. The certificate of extension is endorsed 
 ih old license. 
 
 ! ''''. fl 
 
 ;;:. t: 
 
 ;'iitv'i(.i-s^(i I?- ■ 
 
 
 f- \ 
 
 i 
 
 c:Mm 
 
 )•'. 
 
 
 ll . !■ Iv 
 
 i^i/r'^^l 
 
 iti 
 
'908 
 
 THE MUNIOIPAI. MANUAL, 
 
 [s. 2L 
 
 th» 
 
 I*.. 
 
 mm 
 
 but this provision shall not be construed to confe 
 license commissioners any authority to exceed the 1' ^^ 
 scribed by this Act as to the number of tavern li'""* ^"^" 
 be granted in any year, except in cities, where tliTT^** '* 
 commissioners may, in their discretion, having regard TT 
 particular circumstances of the city, and of each am 1" • ' 
 grant further tavern licenses, but within the number of "^ I'l 
 licenses granted for the year ending on the 30th day of a'^'i 
 1877, (v) and except in a locality largely resorted to in I 
 mer by visitors, where the license commissioners may if tJ 
 think lit, grant one additional tavern license, but n f 
 extend beyond six months, commencing on the Isfc 1 
 May in each year, (w) R. S. O. 1877, c. 181 s 18 ^^ 
 
 Srne?rcLes 22. Upoii application to any board of license commissio 
 maybe crs, oetore the 1st day oi May in any year bv mv 
 wsuea. jj,o,.g perscris withm any municipality within tliejurisdicti 
 of such board for a beer and wine license, the board ma h 
 resolution declare that any one or more of the tavern licen 
 which may be lawfully issued, and which are to be issued ft 
 the license year beginning on the Isfc day of May of such ve 
 not exceeding the number so applied for, may be beer and w 
 licenses, and the board may thereafter cause beer and wi 
 licenses to be issued in any such municipality, not excee 
 ing the number mentioned in their aforesaid resolution, p^ 
 vided, nevertheless, that nothing in any such resolution c 
 tained, shall so limit the number of tavern or hop licen 
 as to prohibit within any municipality the sale of spiritii 
 totJoidby'^^^°'"^' ^"^' Pi'o^'itled, also, that nothing in such beer 
 holder of wine licenses contained, or by reason of the granting tliei 
 Sine ircense. ^^all authorize the holder thereof, his servants or agents, 
 sell, barter or otherwise dispose of any kind of intoxicai' 
 liquors other than those mentioned in the said beer and 
 license. 44 V. c. 27, s.l9. 
 
 Beer And 
 
 wine 
 licensea. 
 
 23- A beer and wine license shall be construed to mei 
 tavern license for selling, bartering, or trafficking by rei 
 in lager beer, ale, beer, and porter, and also in native wj 
 manufactured in Ontario, containing not more than fifi 
 per cent, of alcohol, and in light foreign wines containing 
 more than fifteen per cent, of alcohol, but'nofc including i 
 
 (v) See sec. 18. 
 
 (w) This is an extension of the principle already applied i 
 towns of Niagara Falls and Port Arthur. See sec. 18, sub-s. 2. 
 
 ^- mkk 
 
SL. 
 
 [8. 2L 
 
 vxed to conier on thftr 
 ) exceed tVie limit pre- 
 of tavern licenses to.1 
 ties, where tiie license] 
 n, having regard to the I 
 bnd of each application,! 
 hin the number of suchl 
 a the 30th day of April,] 
 •aely resorted to in sur 
 mmiasioners may, if tboj 
 ;ern license, but not 
 icing on the 1st day 
 ;77,c. 181,s.l8. 
 
 ird of license commission 
 ny year, by any one 
 \itY within tbe juvisdicticf 
 license, the board may 1 
 more of the tavern licens 
 , Avhich are to be issued fcj 
 stdayofMayofsucliyei 
 ■d for, may be beer and wu 
 eaf ter cause beer and \?i| 
 I municipality, not exce^ 
 ir aforesaid resolution, pJ 
 in any such resolution ci 
 of tavern or ^hop licen# 
 ,ality the sale of spmtuij 
 . nothiiig in such beey j 
 Lonofthegrantmgtheri 
 
 f his servants or agents^ 
 ,£ any kind of intoxica^ 
 ,ed in the said beer and ^ 
 
 Ishall be construed to meJ 
 
 \r,c. or trafficking by rej 
 LrT and also in native^ 
 lining not wore than fi9 
 I foreign wines contamm^ 
 IcohoCbufnot including 1 
 
 1 principle akeady ^, 
 Lhur. Seesec. IS-aiiD'-^' 
 
 OR "1 CONDITIONS OF BEER AND WINE LICENSES. 
 
 -jy or madeira wine, in quantities of less than one quart, 
 
 I'd may be drunk in the inn, ale or beer- house, or other 
 
 ' \. of Dublic entertainment in which the same is sold. 44 
 
 U27,s.20;49V.c.39,s. 14. 
 
 94 The holder of any such beer and wine license shall hold 
 . jjjg upon the terms and subject to all the conditions and 
 
 alties that apply to the holder of a tavern license ; but, 
 
 vertheless, such holder of a beer and wine license shall not 
 
 11 barter or give, or keep in the house, or upon the premises 
 fr'which such last mentioned license has been granted, any 
 
 rituous or intoxicating liquors for sale other than those 
 lerebv authorized ; and as to such other liquors, the holder 
 »f such beer and wine license shall be deemed to be 
 
 Jicensed, and section 1 32 of this Act shall apply. 44 V. 
 
 27,8.21. 
 
 25— (1) If any holder of a beer and wine license, his ser- 
 
 uts or agents, shall sell or barter, give or keep in the houf;e, 
 
 upon the premises, for which a license has been granted, 
 
 toxicatinf liquors other than those mentioned in his license, 
 
 irsale or, shall knowingly sell, or barter, give or keep in 
 
 le house, or upon the premises for which a beer and wine 
 
 use has been granted native wine containing a greater 
 
 intity of alcohol than fifteen per cent, thereof, or light 
 
 ign wines containing a greater quantity of alcohol than 
 
 m per cent, thereof, or port, sherry, or madeira wine, he 
 
 be subject to the penalties provided by section 70 of this 
 
 ;Ct, and in addition thereto, upon a conviction for a second 
 
 bee the board of license commissioners may, by resolution, 
 
 and cancel his beer and wine license, and in the event 
 
 failure on their part so to do, application may be made by 
 
 resident of the municipality to the Judge of the County 
 
 irt, in the manner prescribed in section 92 of this Act, 
 
 ach shall apply to such application, for an order to revoke 
 
 cancel said license ; and if it appears to such Judge that 
 
 holder of any such beer and wine license has been twice 
 
 ivicted of having sold or given intoxicating liquors other 
 
 those mentioned in the license, or of having kept the 
 
 leupon or in the licensed premises, for sale, or of having 
 
 ingly sold or given native wine containing a greater per- 
 
 ge of alcohol than fifteen per cent, thereof, or light 
 
 ago wines containing a greater percentage than fifteen per 
 
 thereof or port, sherry or madeira wine, as hereinbefore 
 
 itioned, or of having knowingly kept the same upon or 
 
 909 
 
 Holder of 
 beur and 
 wine licenBe 
 8ut>ject to 
 conditioDi 
 of tavern 
 license. 
 
 Holdev of 
 beer and 
 wine licentie 
 not to «oll or 
 keep spirits 
 on premises 
 licensed. 
 
•910 
 
 THE MUNIOIPAL MANUAL. 
 
 [8- 25(1) J 
 
 in the licensed premises, then the paid Judge shall m ir 
 order revoking and cancelling the said license, and it l^n I 
 
 (2) The percentage mentioned in the preceding suh.«»M , 
 shall be determined by weight. 49 V. c. 39, s ig^''"^'^! 
 
 maTt^' 26. The inspector may from time to time take from th. 
 liqaors kept liquors kept by a person holding a beer and wine H 
 by lieenoM. ^p^j^ ^Y\e premises sufficient thereof to determine wh'^tr 
 they are of a different kind from those mentioned in th 
 license, or contain more alcohol than is by law allowpn 
 V. c. 27, 8. 24. 
 
 Aecommoda' 
 
 tion 
 
 required 
 
 Not to 
 communi- 
 cate «ith 
 grocery. 
 
 Accommodation. 
 
 27— (1) Every tavern or inn authorized to be licensa 
 under the provisions of this Act shall contain, and duri 
 the continuance of the license shall continue to contain 
 addition to what may be needed for the use of the family 
 the tavern or innkeeper, not less than four bed-rooms and i 
 cities six bed-rooms, together with, in every case, a suitab 
 complement of bedding and furniture, and (except in citii 
 and incorporated towns) there shall also be attached to 
 said tavern or inn, proper stabling for at least six horsal 
 (jc) but the foregoing requirements shall not apply to su 
 taverns as come within sub-section 3 of section 4 of tl 
 Act. R. S. O. 1877, c. 181, s. 19 (1) ; 47 V. c. 34, s. 5.; 
 
 (2) Such tavern or inn shall form no part of, and shall i 
 communicate by any entrance with any shop or store wha 
 in goods or merchandise known as groceries or provisionsi 
 kept for sale; (y) but this sub-section shall not 
 
 (d) The existence of the required accommodation is a condij 
 precedent to the granting of the license. Its continued existeuoi 
 also apparently a condition precedent to the continuance of 
 license. i 
 
 {y) It is objectionable for a tavern or inn to form part of, or t 
 in direct communication with any shop or store, where groceria 
 provisions arc kept for sale. It is equally objectionable for a i 
 in which billiard tables are licensed for use, to communicate wi 
 tavern or inn, and municipal councils in passing by-laws forj 
 licensing of billiard tables, may provide against any such con 
 cation. See In re Neeley and Owen Sound, 37 U. C. Q. 6. 1 
 
accommodation iaacondil 
 Bise Its continued existenof 
 lent to the continuance oi : 
 
 i or inn to form part of, or t 
 iop or store, 'where gtocend 
 Inually objectionable tor a H 
 Iforuae, to communicate' 
 
 Vde against any such comni 
 ^ Sound, 37 U.C.Q.B. 1ft 
 
 Lverns 
 
 m 
 
 SECURITY BY TAVERN LICENSEE. 
 
 townships, unless so provided by by-law of the 
 uncil. R. S. O. 1877, o. 181, s. 19 (2). 
 
 911 
 
 CO' 
 
 M In addition to the accommodation required by the last fj/;/„ ^^ j,^ 
 .!rln<' section, each tavern or house of entertainment «"«»««»» 
 ^" "--"shewn, to the satisfaction of the license commis- '"'**'' 
 
 be a well-appointed and sufficient eating-house, 
 [ h the appliances requisite for daily serving meals to 
 llers' i") ^^^^ ^^^ requirements of this section shall 
 all tave.ns or houses of entertainment, without any 
 whatever, and continuously for the whole period 
 
 Ipbe 
 
 ipply to I 
 
 uception 
 
 ;the license, {a) 
 
 R. S. O. 1877, c. 181, s. 20. 
 
 4 The council of any city or town may, by by-law to be city or town 
 ', i^fore the 1st day of March in any year, prescribe for |frMw\bT*^ 
 iUn pn<?uin<» license vear befrfnning on the 1st day of h>rth«r 
 
 Hetneoeilbun'o - ii-i.-i.i.u • 1.1. 1 i. reqmre- 
 
 • any requirements in addition to those in the last pre- m«nt8 as to 
 J ff two sections men tione'', as to accommodation to be*'*^^''"" 
 ««ed by taverns or houses of entertainment, as the 
 il may see fit ; (b) and the license commissioners upon 
 ivin* a copy of such by-law shall be bound to observe the 
 ivisions thereof ; and such by-law shall continue in full 
 e for such year and any future year until repealed, (c) 
 S,0.1877, c. 181, s. 21. 
 
 Security to be given. 
 
 30 Before any tavern license is granted the person apply- Securiiy to 
 tfor the same shall enter into a bond to Her Majesty in tavem" ^ 
 
 licensee. 
 
 B. 594. See further, Jones v. 
 
 XMlandSt. Thomas, 38 U. C. Q. 
 Irtr.LR. 5Q. B. 541. 
 
 I A man who goes to an inn in the course ^f a journey whether 
 SiwiiifM ov pleasure, is a traveller, and entitled to demand refresh- 
 its itkimo:' v. Sellern, 5 C. B. N. S. 442; Taylor v. Humphreys, 
 'b.X. S. 429; Fishery. Howard, 11 L. T. N. S. 373; laylor 
 flmhrey^ 17 C. B. N. S. 539 ; Peache v. Caiman, L. R. I C. 
 L\. pcnlow V. Richardiion, L. R. 4 O. P. 168 ; Davis v. Scrace, 
 fi;o'; Copley V. Burto7i, L. R. 5 C. P. 489 ; Watt v. Glenister, 32 
 S, S. 856; Coulbert v. Troke, 1 Q. B. D. 1. See also Beg. v. 
 IjJ(, 1 0. R. 537 ; Beg. v. Dublin, (Justices) 8 L. R. Ir. 274. 
 
 \\ See note x to sec. 27. 
 
 1) The Legislature has in the preceding two sections prescribed 
 meral terms the accommodation necessary to be possessed by a 
 Ion seeking a license for a tavern or house of entertainment. 
 iKction enables the council of a city or town to make additions. 
 lot sot to lessen the extent of the accommodation. 
 
 ) note ^ to sec. 20. 
 
 !f^ 
 
 i!' 
 
912 
 
 THE MUNICIPAL MANUAL. 
 
 f». 30. 
 
 the sum of $200, with two good and sufficient surfif 1 
 be approved of by the inspector) in the sum of $100^"' ^^\ 
 conditioned for the payment of all fines and peiialt" ^^'^^ 
 person may be condemned to pay for any offp '^^s"cli| 
 any Act, by-law or provision in the nature of law ? • I 
 to taverns or houses of public entertainment then ' , '^^"•| 
 after to be in force, and to do, perform and obseive if"?! 
 requirements thereof, and to conform to all l i "'I 
 regulations that may be established by coninetpnf '\^ ^'^'^1 
 in such behalf, and such bond shall be in 11^1 i "^^l 
 the effect of Schedule A to this Act; (d) and whim e "'^ 
 Hhall be tiled in the office of the inspector to 1 ^K^*^*!,^! 
 transmitted to the office of the Provincial' Spor f ^ f 
 R. S. O. 1877, c. 181, s. 22. ' ^^^^t&vy. (,)| 
 
 JSbop 
 
 licflnnes to 
 whom given. 
 
 Socurity. 
 
 Number of 
 aliop licensRS 
 limited, and 
 licuoveR may 
 be Bubjeclud 
 to certain 
 restrictions. 
 
 SHOP LICENSES. 
 
 31. A shop license (/) shall not be granted to any t)er« 
 imless he has filed his application with the insnect • 
 before the 1st day A' April in that year, and unfess^^tk 
 inspector has reported to the license commissioners tl f 
 is a person of good character, and that his shop aiui prem' 
 are suitable for carrying on a reputable business (r;) " 
 unless he executes with sureties a bond in the forru ex/ 
 in Schedule B to this Act. R. S. O. 1877, c. 181 \ IT 
 
 32— (1) The council of every city, town, village ortoM 
 ship may, by by-law to be passed before the 1st day of Anij 
 in any year, limit the number of shop licenses to he gran 
 therein for the then ensuing license year, beginnitif^ on 
 1st day of May, and by such by-law or any othe* bv-lj 
 passed before the 1st day of Ai)ril, may require the'shi 
 keeper to confine the business of his shop solely and exd 
 sively to the keeping and selling of liquor, or may impj 
 any restrictions upon the mode of carrying on such traffid 
 
 {(l) Long before the passing of this Act it Wc.d held that a I 
 ship council had power before granting a license to require a ceil 
 cate from the township treasurer of the deposit of a bond withl 
 treasurer conditioned as in this section prescribed. In rt Grtui 
 and Otonabee, 12 U. C. Q. B. 458. *' 
 
 {e) The inspector whose duty it is to receive the bond and i 
 mit it to the otKce of the Provincial Treasurer would thereby 3 
 notice of it. 
 
 (/) See sub-s. 3 of sec. 2 as to what is a shop license. 
 
 {g) As to the duties of the inspector see sec. 11 and notes thd 
 
 Mim,*^. 
 
SHOP LICENSES. 
 
 913 
 
 I ouncil may think fit; (n) and such last-mentioned 
 I iwrnaylje made to come into force on the Ist day of 
 vi then next ensuing, or on the Ist day of May of the 
 l^leding yeai'> ""^ ^^y ^"°^ by-law so passed shall not be 
 r 1 1 flurinf^ the three years next after tlio year in which 
 Ke come: into force. R. S. O. 1877, c. 181, s. 24 (1) ; 
 |Jv,c.34, s-6(l)- 
 „, u giiall he the duty of the clerk, immediately after ( ertifled 
 
 ^ct it Wi.!i held that a 1 
 
 t a license to require a ce^ 
 
 ^e deposit of a bond withl 
 
 prescribed. In rt (jreyl 
 
 L receive the bond and ♦, 
 Treasurer would thereby i 
 
 [is a shop license. 
 ■ see sec. 11 and notes tW 
 
 na88in"of such by-law, to send a certified copy thereof sent to" 
 
 r license commissioners within whose license district »=°^«^,«^^^ 
 ^ipinalitv is situate, and such by-law shall be binding 
 the license commissioners, and any shop license to be 
 
 ""l Vj^ii conform to the provisions thereof ; and such by- 
 r , ij remain in force for any future year until repealed, 
 
 I nv clerk who neglects, omits or refuses to send such 
 ! J popy shall incur a penalty of not less than $40 nor 
 
 tU$100. (o) R. S. O. 1877, c. 181, s. 24 (2). 
 
 « (\) No shop license to sell liquors in any store, shop 
 or premises where groceries or other mei'chandise are shop 
 or exposed for sale, other than mineral or aerated ^"^"' 
 its (not containing spirits), ginger ale, liquor cases, 
 les or liquor baskets, or packages, taps or faucets, or in 
 . .' place or premises connected by any internal com- 
 ycation with such first-mentioned store, shop, place or 
 lises shall hereafter be granted to any person who was 
 alic'ensee or the holder of a shop license on the 25th 
 of March, 1884, or to his assigns. 
 
 «\ If any other commodity or goods are sold or exposed License toW 
 save as aforesaid, in any licensed shop in the pre- goSds^wid , 
 
 Limitation 
 ' on iHMUB of 
 Rhop 
 licensed. 
 
 i) The license commissioners have, under sec. 4, sub-s. 2, power 
 B resolutions limiting the number of tavern and shop licenses. 
 J enables the council of a city, town, village or township to 
 tithe number of tavern licenses. This section contains similar 
 Liasto shop licenses. See also sec. 33. The council in passing 
 Elaw under this section may impose such restrictions as it sees 
 lAby-law limiting the number of shop licenses to be issued in a 
 Vtoone and requiring the licensee to confine his business exclu- 
 ^ to the keeping and selling of liquors, is bad as being in eflFect 
 Ubitory by-law and creating a monopoly. In re Brodie and 
 Mnii«e, 38 U. C. Q. B. 580. 
 
 i The simple neglect or omission of the clerk to comply with the 
 Lous of this section subjects him to the penalty. Ignorance, 
 pore, would not be any excuse. 
 
 115 
 
 rt 
 
 
 f ■: \y 
 
 I {< 
 
 Wih 
 
914 TUB MUNICIPAL MANUAL. r. 4. 
 
 L«. 33 (2), 
 ceding sub-section provided for, the licenqe shall be 'a \ 
 such licensed person may be convicted of sejlin i' "''*^| 
 without license, upon proof that any other comnfod V *^' 
 goods is or are exposed for sale or sold at such shoi 
 aforesaid, and such conviction shrtll be conclusive '^^^ I 
 that such person is unlicensed. Nothing in this sectio l,"?! 
 limit the authority of municipal councils in respect d i J 
 licenses under the next preceding two sections All v 
 provisions regarding the closing of licensed taverns and I 
 and evidences of sales therein during prohibited hour u 
 apply to shops licensed in any municipality after the bv I 
 secondly provided for in the next i)receding section h!! 
 have come into force, and to shops which are provided / "i 
 the next preceding sub-section. '^ 
 
 (3) The aforesaid mineral or aerated waters or sxnw • 
 shall not be sold in less quantities than one-half *|'' 
 
 1 th 
 
 Mineral 
 watarM not 
 to be con- 
 
 ii'cml?b7"" ^^ottles, and shall not be allowed to be consumed upoh 
 prHiniHet. licensea premises under the same penalty as is provide) 
 a breach of section 60 cf this Act. 
 
 Conditions (4) From and after the Isb day of May, in the vpi... no 
 
 forobtainiii({ i i' i ii i i. j 1 ""o j^wr iflfl 
 
 ahop licouR.-. no shop license shall be granted to any person to sell li(,iio 
 in any store, shop, place, or premises where groceiies 
 other merchandise are sold, or exposed for sale excei t 
 aforesaid or in any store, place or premises, connected 
 any internal communication with such tirst-nientioned sto 
 shop, place or premises. 47 V. c. 34, s. 6 (3-5, 7), 
 
 Issu" of 
 licHnBes by 
 wholesale. 
 
 LrCENSES BY WHOLESAi,K. 
 
 34. The insi.-ector of the license district, in any unn 
 pality in which the license applied for is to have effect sL 
 issue to any applicant, upon a requisition therefor si"nedi 
 him, and after payment to the inspector of the proper it 
 thereon, a license for selling fermented, spirituous or o^ 
 liquors, by wholesale only, (;>) in his warehouse, store, sj 
 or place to be defined in tlie said license, (q) and siti 
 within the said municipality, and such license shall bedea' 
 a license by wholesale within the meaning and subject ( 
 provfsions of sub-section 4 of section 2 of this Act. R 
 1877, c. 181, s. 25. 
 
 (p) See sub-s. 4 of sec. 2 aa to what is a wholesale license. 
 (q) See note k to sec. 17. 
 
JAL. [a.33(2)^HIi]7 0)'] 
 
 TRANSFER OP LICENSES. 
 
 Dlft- 
 
 lense rthall be void, and! 
 lied of selling liquor] 
 y other commodity o^ 
 Id at Huch Hbop, Aave wl 
 be conclusive evideno. 
 iiing in this section shaKl 
 icils in respect of shoa 
 tv^ro sections. All tb 
 cenaed taverns and siilj 
 5 prohibited hours sh* 
 cipality after the bylaij 
 preceding section sha* 
 Arhich are provided for i 
 
 •ated waters or ginger 
 lies than one-half doj 
 10 be consumed upon thj 
 penalty as is provided 
 
 of May, in the year 188 
 3 any person to sell \'\{[m 
 smi«ea where groceries 
 icposed for side, except 
 or premises, connected 
 
 ,uch tirst-mentioned sta 
 
 34, s. 6 (3-5, 7). 
 
 lOLESALK. 
 
 ise district, in any nun 
 ;d for is to have effect, si 
 quisition therefor signej 
 ispector of the proper (1 
 mented, spirituous or of 
 1 his warehouse, store, s| 
 laid license, (7) and sit| 
 such license sliall be dea" 
 meaning and subject 
 •tion 2 of this Act. Il.l 
 
 it 13 
 
 a wholesale license. 
 
 «i W holesft « licenses may be issued at any time durint; "•gui'Hons 
 ,.ar after the hceiiHe commi88ionerH of the district in who!«i»»iB 
 
 Ijeyear 
 
 .1 jych license is to have effect, have directed the same 
 te irranteJ, and shall be strictly limited to persons who 
 
 on the business of selling by wholesale or in unbroken 
 'kMfS (^) "'"^ ^^y wholesale license so issued shall be 
 
 Income void in case the holder thereof, at any time 
 ^([ the currency of the said license, directly or indirectly, 
 k. or with any partner, clerk, uf^'ent or other person, 
 ries on upon the premises to which such license applies, 
 
 husiuess of a retail dealer in any other goods, wares or 
 se. R. 8. O. 1877, c. 181, s. 26. 
 
 llceiiMi. 
 
 j» Manufacturers of native wines, from grapes grown MBnufno. 
 'produced in Ontario, and who sell such wines in f,au " w'ne. 
 fltities of not less than one gallon or two bottles of 
 than three half-pi nt.t each at one time, shall be 
 mt from any duty nndor this Act, and shall not be 
 iiired to obtain any license lor so selling wines so manu- 
 iured. (s) R. S. 0. 1877, c. 181, s. 27. 
 
 TRANSFER OF LICENSE.S. 
 
 m-(\) In case any person having lawfully obtained a I'ranff*'" o' 
 
 under this Act before the expiration of his license 
 J, or sells, or by operation of law or otherwise assigns 
 [business or removes from the house or place in res{)ect 
 [ibich the said license applies, his license shall, ipso 
 become forfeited, and bo absolutely null and void 
 i intents and purposes whatsoever, — unless such person, 
 Ijisi^ns or legal representatives, within one month after 
 Wth, assignment, or removal of the original holder of 
 llicense or other period, in the discretion of the license 
 mi'sioners of the district in which the license has effect, 
 ins their written consent either to the continuance of 
 liil business or to the transfer of such license to any 
 rperson, and thereupon forthwith transfers the same to 
 1 other person, who, under such transfer, may exercise 
 i granted by such license, subject to all the duties 
 
 I See note c to sub-s. 2 of sec. 2. 
 
 iTlm is for the encouragement of the home industry. Tho 
 pn is a limited one. If the sale be in quantities less than one 
 jortwo bottles of not less than three half-pinta each at one 
 litwiil be illegal in the absence of a license. 
 
 ttiPiWf 
 
 :l-'|> 
 
 1 I 
 
 \' 
 
 f 
 
 |i 
 
 %,'■■ 
 
 m 
 
 a 
 
 m 
 
 ■ li 
 
 L ly,' 
 
916 
 
 TIIK MUNICIPAL MANUAL 
 
 
 ■i; 
 
 k 
 
 [«. 37 (I 
 
 iind ol.Hgations of tlio original holder thereof unfi 
 expiration thereof, in the houHo or place for wL" I 
 
 licoiiHo wuH iwsued und to which it applies but 
 liouHo or place (t) 
 
 liich gq 
 '" no otk 
 
 On tntiufur 
 of tnTitrn 
 llceniiH now 
 report 
 iii'eorfiary. 
 
 Provliiional 
 onnsent to s 
 tianifer of 
 lioeDM, 
 
 Report of 
 inspector 
 may be 
 dispoiiHed 
 witb. 
 
 (2) In every such case of a tranhfer of a tnv..,.. r 
 the person m whoso tavour any such transfer in to l 
 shall first produce to the license coninjissioners a "1 
 the insj)ector similar to that mentioned in soction I f'T*-' 
 Act. {u) H. S. O. 1877, c. 181, s. 28. ^* 
 
 (3) Upon receipt by the inspector of an applioitiop fa 
 transfer of a license, and pending the consideration and 
 sent thereto by tlio board of license conimissionftrs ' 
 insj'ector may within one month thereafter issue to tlic 
 [)Osod transferee a written provisional consent in tip fD 
 Schedule M to this Act annexed, under which the nn 
 translereo may exorcise the rights granted l)y the I 
 issued to the premises until the written consent of tlie 
 of license commissioners may bo obtained : providwlal' 
 that such written consent shall not operate or extend he? 
 one month from the time of the death of the orii'inal hca 
 or from the sale or transfer by the licensee or *)y opera 
 of law; and provided further that such provisional coil 
 shall not have any force or ett'ect, unless the same hecoua 
 signed by one member of the board. 44 V. c. 27 s 1 
 
 (4) Where an apjdication is made for a tiansfer 
 license issued to a tavern or shop situate in a remote pa 
 
 (I) Upon the aalo of a public houso as a going concern, itist 
 essence of the contract that tl • license of the nouse be transfl 
 Day r. Luhke, L. K. 5 Eq. Slo ; CowIm v. Gale, L. R. 7 (1 
 See further, Glaydon v. Orten, L. R. 3 C. P. 511. A. beifl 
 keeper of an hotel without a license, and B. being cognizant o| 
 fact, upon the transfer of the premises to B. £150 were deposH 
 the hands of a stakeholder to be handed over to B. if A. fail 
 
 f»rocure and transfer a license by th'i Slst October followin 
 laving failed to give the notice under the English Statute, 
 iittend the magistrates on the licensing day, was held not e| 
 to recover the £150. Bri/ant v. Bealtie, 4 Bing. N. C. 254. Al 
 cannot lawfully be transferred except in the cases mentioned i 
 uection, and the consent of the commissioners in a case not] 
 the section, does not make the transfer valid. Reg. v. BoolhA 
 144. The commissioners have full discretion to grant or m 
 application for the transfer of a license. See Recj. v. Romlli 
 7 Q. B. 490. 
 
 (u) The transfer must of course be to a person of good ch 
 and repute, oa to which, see note t to sec. 11. 
 
 'JMLBf>..ii 
 
 '^■■Wl* 
 
lUAL. 
 
 [•■ 37 (i 
 
 m 
 
 RRMOVAL or LICENHKE. 
 
 917 
 
 der thereof, until 
 
 place for whiclj gq 
 )plies, Wt in no otk 
 
 ei' of u tavt'iii licen 
 I transfer Ih to Ih) mi 
 iimnssionerH a report] 
 iiiecl in Hectiou 1 1 of 
 28. 
 
 3V of an tti)\>licatior. fo 
 lie consideration and i 
 jonne commissioners, 
 \ereaf ter issue to the _ 
 )nal consent in tlie n 
 under whicli the pio|)( 
 :n granted by the lie 
 rittcu consent of the ' 
 obtained : provided ah 
 it operate or extend liej 
 eath of the originiil hce 
 le licensee or l)y opei-a 
 at such provisional coil 
 unless the same be coua 
 ml. 44 V. c. 27, 8. 1. 
 
 made for a transfer 
 situate in a remote pa 
 
 as a going concern, it is « 
 
 ise o! the house be transil 
 
 IowUh v. OaU, L. R. " 01 
 
 R 3 C. P. 511. A. M 
 
 B. and B. being cognizant 
 
 sea to B. £150 were (ki)03il 
 
 Mided over to B. if A. faii 
 
 tlv 3l8t October foUowini 
 
 der the English Statute, d 
 
 mng day, was held not ei 
 «i!ie,4Bing.N.C.254 A 
 
 ,t in the cases mentioned I 
 .vmissionersinacasenot 
 
 S valid. Reg.y.BM 
 discretion to grant or refl 
 
 Icnse. See Keg. v. i?owll^ 
 
 J be to a person of good* 
 Ito sec. U- 
 
 I r-flnso district, ov where for any other reason the liceuse 
 
 \sioncrs see fit, they may ilisponHo with the report of 
 
 "" ,,ptor, and act upon sueli iiiforniatiou us nuiy satifify 
 
 REMOVAL OP LI(!KNHEK. 
 
 null) ■'^"X '"Hpector may, after resolution of the in^iwetor 
 £ commissioner.) allowinj,' tht) same, endorse on any ™7.mo»rr* 
 r ni. slion license permission to tlie holder thereof, or liis "' •"»<'rn 
 
 nsor legal reprcsente-tiv«!H, to remove from the house toimotiier 
 Thliis license applies to ariotlu^r house to be described '"•"*«• 
 L lb endorsement to bo made by the inspector on the 
 
 ,. nnd situate within the same munioipality. and pos- 
 IJidltiio accommodation required by law. (a) 
 
 hoi Knell Dcrmission, when the approval of the inspector Kffeut of 
 
 J Dill 11 I ' ' I 1, il • il 111 .. KUOh 
 
 enJois"! on the license, shall autliorizo tlie holder ot cogent. 
 jlicense to sell the same li(piors in the house mentioned 
 Le endorsement during the unexpired portion of the term 
 r«liich the license was granted, in the same manner, 
 )!! the same terms and conditions ; but no sucli per- 
 iiuii .shall he granted unless and until the per.son applying 
 reiorhas tiled with the license commissioners a report of 
 liospector containing the information requiied by law in 
 I of application for a license, (6) and any bonder security Bond to 
 U sii«l' holder of a license may have given for any *'*'* * ' 
 )Ose rcliitive to such license, shall apply to the house or 
 to which such removal is authorised, (c) but such 
 iiission shall not entitle him to sell at any other than 
 fone place, (d) II. S. 0. 1877, c. 181, s. 29. 
 
 i Where the inspector is required, in the case of an j!'"''^^® »» 
 •ation for leave to transfer or remove a license, to iii8p"ct( r iu 
 tan inspection, under the next preceding two sections """*''* 
 
 Ito travel, in order to make such inspection, a distance 
 
 CMM. 
 
 I The license is for the sale of liquor in a particular place 
 The removal of the transferee to another place without 
 i not entitle the licensee to sell in the place to which he 
 moved. Permission therefore must be first obtained from the 
 I commissioners to be signified by the endorsement by the 
 klor on the license. 
 
 ISeesec. 11. 
 
 ISeesec. 30. 
 
 ■See note a supra. 
 
 il'Ht'!' 
 
 II '■! 
 
 I*t.t> ri , i. ■ 111 
 
 i:::,:lt 
 
'918 
 
 THE MUNICIPAL MANUAL. r 
 
 of more than three miles from his office or reside 
 person making such application for a transfer or r^^' 
 shall pay to the inspector, in addition to all other f "^"^ 
 sum of ten cents per mile, one way, for his traveir ^' 
 
 I 
 inspector 
 
 p emises 
 Where for 
 any cuuse 
 the licensr 
 become8 
 TOid. etc. 
 
 n 
 
 penses, and the same shall be deposited by the insno'^^ ' 
 the credit of the license fund ; but the inspector m ^' 
 allowed the same, or so much thereof as is necessary ^ 
 the actual cost of his travelling expenses in order to 
 isuch inspection, upon his accounts being rendered" 
 approved in the ordinary manner; but this section shall i 
 apply vO city license districts. 44 V. c. 27 s. 18 
 
 WHERE LICENSE LAPSES. 
 
 Sr £**"""' *^" ^^ ^^^® ^°^ ^"^ ^^^^® ^^^ license becomes void oil 
 granted for case the term or interest of the holder of a license in the 3 
 raises licensed ceases before the expiry of the license A 
 such licensee absconds or abandons the premises, or b'ecoi 
 insolvent, the license commissioners may grant a new Ho 
 for the same premises, subject to the provisions of this 
 upon such terms as to the payment or refund by the 
 licensee of the duty for the unexpired period to the m 
 entitled thereto under the original license, as to the lie 
 commissioners may seem just. R. S. 0. 1877 c 181 
 30. ' * 
 
 DUTIES PAYABLE. 
 
 41 — (1) The following license duties shall hereafti, 
 payable and shall, subject to the provisions of the next fol 
 ing three sections, be in lieu of all others, (e) provincii 
 aiuuicipal, that is to say : 
 
 1, For each wholesale license ^ij 
 
 2. For each tavern license in cities i(] 
 
 " " . towns 
 
 " " other municipalities.. 
 
 Duties. 
 
 (e) There was at one time an Imperial as well as a Pro! 
 duty, but the former no longer exists. A7idrew\. While, \i 
 Q. B. 170 ; and now the duty, whether Provincial or Aluui^l 
 in the first in.stance paid to the Provincial Goverriment. 
 v. Board of Police of Xiru/ara, 4 U. C. Q. B. 141. For add 
 Provincial duties see sec. 44, and for duties for licenses issue 
 Canada Temperance Act. See sec. 150. 
 
 
UAL. 
 
 [8. 
 
 office or residence, 1 
 a transfer or reinov 
 a to all other fees, \ 
 for his travelling 
 ted by the inspector] 
 J the inspector may! 
 »f as is necessary to i 
 senses in order to 
 its being rendered 
 but this section shall i 
 V. c. 27, s. 18. 
 
 LAPSES. 
 
 cense becomes void, oJ 
 •Ider of a license in thei 
 :piry of the license, ol 
 \s the premises, or becoi 
 jrs may grant a new lie 
 the provisions of this , 
 mt or refund by the 
 :pired period to the pJ 
 al license, as to the liod 
 R. S. 0. 1877, c, 181 
 
 rABLE. 
 
 ke duties shall hereafti 
 )rovisions of the next fo^ 
 ai others, (e) provincii 
 
 $18 
 
 ties '" 
 
 )wns ; • •• 
 
 bherrnuuicipalities. 
 
 Imperial as well as a Proj 
 lists. Andrm\.V/kk,\i 
 \ther Provincial or Mui:ia 
 f ovincial Government. Si 
 |U C. Q. B. 141. l^ov m 
 
 \)v duties for licenses issue 
 
 [150. 
 
 I , |,\ 1 LICENSE DUTIES. 
 
 . i?«. Pflch shop license in cities 100 00 
 
 I'^V " towns 80 00 
 
 „ " other municipalities. 60 00 
 
 R. S. 0. 1877, c. 181, s. 31 (1-3). 
 
 I p each beer and wine license in cities 50 00 
 
 I''" ,. " " towns 40 00 
 
 ,( " " other munici- 
 palities 
 
 For each license (other than a beer and wine 
 
 919 
 
 30 00 
 
 license), for a vessel navigating any of the 
 
 (Treat lakes or the rivers St. Lawrence or 
 
 Ottawa 100 00 
 
 For each beer and wine license for any such 
 
 vessel V- ^^ ^^ 
 
 For each license (other than a beer or wine 
 
 license), for a vessel navigating the inland 
 
 waters of the Province other than as afore- 
 
 said 6000 
 
 For each beer and wine license tor any such 
 last-mentioned vessel 30 00 
 
 For every transfer or removal of a license under sections 
 37 and 38 of this Act, $5, and the mileage of the 
 Inspector, as provided by section 39 of this Act. (/) 
 44 V. c. 27, s. 2. 
 
 ffl All moneys received for vessel licenses shall belong to Vessel 
 (rMiiiestv, a'^d be paid over to the Treasurer of tho Pro- 
 " R. S. 0. 1877, c. 181. s. 36. 
 
 M-[\) The council of any munici{)ality may, by by-law Council may 
 lie passed before the 1st day of March in any year, i-equire liTrRerduty 
 iper iluty to be paid for tavern or shop licenses therein, {J.^t'i^o* ^oVe 
 W in excess of ^200 in the whole, (u) unless the by-law without 
 
 (■'<nsent of 
 clt^ctors. 
 
 'iTiw luunicipal council cannot make the sum payable for a 
 vary acconling to locality, as in certain villages, f 100, and 
 ere, !J75. See In re Donelly and Clarke, 38 U. (J. Q. B. 599. 
 
 lllitlieby-law of the municipality require a larger tluty than 
 i in the. whole, it must be submitted by the council to the 
 ktipal electors for their approval. See In re Brodie and Bowman- 
 P U. C. Q. B. 580. The Court after'long delay refusvd to 
 
 bby law whieli ought to have been submitted to the electors, 
 |U not been. In re Sheley and Windsor, 2.3 U. C. Q. B. 509. 
 j/« re JiichardsoH and Toronto, 35 U. C. Q. B. 630. The 
 
 lliliigul a by-law under which a certificate has been granted and 
 
920 
 
 THE MUNICIPAL MANUAL. 
 
 [8-42(1 
 
 has been approved by tlie electors in the man 
 R«r. Stat. 0. y,y ^'Afl Municipal Act, with respect to by-laws wr" T*'^'*' 
 their final passing, require the iis&ent of the pI ^ 
 municipality, (h) R. S. O. 1877, c. 181, s. 32 np'^^ ' 
 
 (2) Such by-law shall take effect from the passiiK, H 
 unless passed later than the 1 st day of March i "^ 
 in which case it shall come into force on the lii-st H*"^ -^^ 
 of the next succeeding year, and everv sucli h ^ 
 remain in force until repealed, (i) K S O I87~ ^^''' 
 32(2); 49 V. c. 39, s. 3. " " '°"'.«-l^l 
 
 (3) Any by-law so approved shall not bo varied 
 
 or 
 
 unless the varying or repealing by-law has been iuluc'e m ** 
 submitted to and approved of by the eler ' ors of t\ 
 pality. (j) R. S. O. 1877, c. 181, s. 32 (3). ""■" 
 
 Tw^xtS' , 43- Inanymunicipality where, by virtue of any by-h. 
 If, passed under the provisions of anv fLL i 
 
 43. In 
 
 the statutory that behalf, 
 
 figure llio.v 
 
 any former . 
 
 are not 
 affected. 
 
 a larger sum or duty in ;he whole than that mentioned 
 section 41 was, on the 10th day of February 1876 
 for any shop or tavern license, such sum or duty shall jfl 
 lowest duty payable under this Act for any such liceu 
 
 license issued, does 7iot nullify the license. Rcj v SV^/r / 
 C. C. P. 177. When the plaintiff leased a tavern tiVtl/e d5 " 
 for three years at a rent of $400 a year, payable quarterly"! 
 said lessor to allow the said lessee the atuount he has to l 
 license fees out of the first quarter's reut in each year " ■ Jr 
 license fee when the lease wa.s issued, and lor some year's nnv 
 was $85, but in the following year it was raised to !$2()0 it I '" 
 that the lessee could claim no .allowanoe beyond the first nn 
 rent, the lessor being bound to allow the fee only, provided ill 
 not exceed such rent. Writt v. Sharman, 41 U. C. Q. B,'219 
 tional duties are imposed in order to the raising of a reven 
 provincial purposes by sec. 44, "unless the municipality 
 by-law otherwise provide. " 
 
 (A) See notes to sec. 293 et seq. of the Municipal Act. 
 
 (») It is not necessary that the by-law should be an annuall 
 It continues in force from its passing till its repeal. See Re (M 
 and the City of Brantfcrd, 6 O. R. 188. 
 
 {j) The municipal council of a village incorporated and sepJ 
 from a township in which, before and at the time of the iucorpoi? 
 a by-law existed prohibiting the sale of intoxicating liquors ia] 
 and places other than houses of public entertainmeut withl 
 township it was held, could not by a by-law not submitted! 
 electors of the village for their approval, repeal the probitoryi 
 so far as it affected the village. In re Cunningham v. Ah 
 U. C. C. p. 459. 
 
 ■m^^ 
 
u ^ 
 
 1 ' f.' 
 
 lUAL. 
 
 [8. 42 (1 
 
 L the manner provid 
 io by-laws which, hei 
 t of the electors of 
 181,8. 32(1). 
 
 Tom the \)ass\ng then, 
 o? March in any ya 
 !e ou the first day o{ L, 
 ;verv such by-law sL 
 11. S. 0. 1877, c. 18l] 
 
 1 not be varied or rejK 
 ,w lias been iu like man 
 le elec ' ors of the mun 
 s. 32 (3). 
 
 by virtue of any hy-h^ 
 isions of any former 
 5 than that raeutiom:d| 
 f February, 1876, paya 
 :h svim or duty shall bsj 
 jtfor any such license, I 
 
 cense. Re;;, v. Slaffiml, ' 
 ,sed a tavern to the defen 
 year, payable quarterly, "1 
 LC anioant he has to \)ay| 
 rent in each year,":iiidf 
 and lor some years prcvio 
 was raised to f200, it was 1 
 .nue beyond the first qua! 
 , the fee only, provided \\,\ 
 Ui, 4lU.C.Q.B.2i9. ■ 
 1 the raising of a revcuu^ 
 dess the maiiicipality sti 
 
 the Municipal Act. 
 llaw should be an annualj 
 till its repeal. See Re Cf| 
 BS. 
 
 kage incorporated and ss^ 
 'i atthetimeoftheincorpotj 
 Je of intoxicating liquors ml 
 lublic entertainment with| 
 a by daw not submitted! 
 oval, repeal the probitoryU 
 re Cunninghams. AIti>^ 
 
 U/3ll ADDITIONAL LICENSE DUTIES. 921 
 
 , u„ bv-la-w of the municipality to be passed for the 
 Ik) hut in no case shall the duty be under thd 
 '"'^Vin the said section specially prescribed. R. fc>., O. 
 
 J!\l8l,s.33. 
 
 I ti (\) Over and above the duties for licenses hereinbefore Additional 
 
 ' .^] (/) and any duties which have been or may beduUM! 
 
 ^'bv any municipal by-law, (m) unless the munici- 
 
 r!i,all bv by-law, otherwise provide, there shall be 
 ky snail) "j ./ ' . , * ' • • i 
 
 n order to the raising or a revenue tor provincial 
 
 p. for the exclusive use of this Province, the following 
 
 u ' nal duties thereon, the whole of which shall form part 
 
 Itlie Consolidated Revenue of the Province : 
 
 |] For each wholesale license $100 00 
 
 I, pgr each tavern or shop license in cities of 
 
 over 20,000 inJiabitants 150 00 
 
 For each tavern or shop license in cities of 
 
 less than 20,000 inhabitants 100 00 
 
 Foi- each tavern or shop license in towns 70 00 
 
 i( " in incorporated villages 60 00 
 (( " in townships 30 00 
 
 For each tavern license in cities granted to 
 premises exempted from the necessity 
 haviii'^ all the tavern accommodation pro- 
 
 videdV law 200 00 
 
 ao. do. in towns 170 00 
 
 I For each beer and wine license, a fee in addi- 
 tion to that provided by subsection 4 cf 
 section 41, of one-fourth that hereby 
 added to tavern licenses 
 
 I For each vessel license, (a) great lakes 75 00 
 
 do, do. (6) do. beer and wine 25 00 
 
 do, do. (c) inland waters .... 40 00 
 
 do. do. (d) do. beer and wine 15 00 
 
 [The population of a city foi the purpose of this section Population 
 i determined by the enumeration taken by the muni- jytormined. 
 lessors at the last preceding assessment. 
 
 iNothin!; herein contained shall limit the right of the License 
 
 ' " ~ duties 
 
 e note i; to sec. 42. 
 esec, 41. 
 
 eiec.42. 
 1116 
 
 iki 
 
 ' '} 
 
 < 
 
 I- . r 
 
 iU' 
 
 t: 
 
 '1 ■ '.!■ l!' 
 
922 
 
 THE MUNICIPAL MANUAL. 
 
 ffi 
 
 HHBI 
 
 1 
 
 ■mP- 
 
 M 
 
 H^K; 
 
 Em 
 
 HitBilB^ 
 
 M 
 
 ^BBIiEr'^ 
 
 'ii 
 
 HilBi^iy 
 
 [8. 44 (3). 
 
 nTroiJaS °^^""^ o^any municiimlity without submitting the san,. . 
 
 ties. the ratepayers, by their by-law to fix the duties orf 
 
 tavern or shop licenses, wholly for the use of the mu ^^^ ^^"^ 
 and the sum so fixed, or to be fixed, by any municin ]'*^'^*'''J' 
 may be, in addition to the sum imposed by this ^^^^'^^\ 
 and for the respective municipalities above mAnf; ?^^ '" 
 V. c. 39, s. 1. mentioned. 4^ 
 
 LICENSE FUND. 
 
 The dutieo, 
 fluen and 
 penaUieR to 
 form n 
 liceDae fund 
 
 45 
 
 (1) All sums received from duties on tavern \ 
 tiiiu wiiolesale licenses, and for transfers and removal \v 
 of, and received by the inspector for lines and 
 
 shnll form the license fund of the license district f .^l'^^' 
 
 the board of license commissioners has been ■] 
 
 4'1'ointd. U 
 
 Application 
 of the fund. 
 
 Cheques 
 upon thi! 
 lieonse fuml 
 aiTOUUt. 
 
 R. S. O. 1877, c. 181, s. 34 (1); 44 V. c. 27 s {-Zv''^ 
 43, s. 8,j}art ' " ' ^^^''^ 
 
 (2) So much of the license fund as is not speciallv • 
 priated otherwise, shall be applied, under ref^ulations ^'tu!! 
 Lieutenant-Governor in Council, fov the payment f J 
 salary and expenses of the inspector, and for the exnen 
 the office of the board and of officers, and othenvir' 
 carrying the provisions of the law into eflect, and tlie re ^ 
 on the 30th day of June in each year, and at suc'i d 
 times as may be prescribed by the regulations of the fJ 
 tenant-Governor in Council, shall be paid over — oiip-t 
 tlie Treasurer of the Province, to and for the use f 4 
 I'rovince, and the other two-thirds to tlie tieasmer of tl 
 cit}', town, village, or township municipality in which tl 
 licensed premises are respectively situate ; but ir oases wJ 
 any municipality by by-law requires a larger duty {„ 
 case of tavern or shop licenses to be paid than tiie sdmii 
 sums mentioned in sections 41 and 44 for any lioeJe 
 whole of such excess shall be paid over to the tieKnrerl 
 such municipality. (0) 
 
 (3) Cbeques upon the license fund account shall liedrai 
 by the inspector, and countersigneid by the chairman of i 
 board, or any two of the license conunissioiieis, sufeij 
 the regulations of the Lieutenant-Governor in CoJ 
 R. S. O. 1877, c. 181, s. 34(2, 3). 
 
 (n) See sec. 151 as to license fund of niniiici'[i(ilitic3 in whicil 
 seoond part of tho Canada 'I'cinperaiioe Act is in furoe. 
 
 (o) See sec. 42 and notes thereto. 
 
 - -^_--r ^ fi-^'-.V-'.T.J ■■■' 
 
.NUAL. 
 
 [8. 44 (3). 
 
 ; submitting the same t^t 
 IX the duties orfeesupoa 
 le use of the municipality, 
 by any municipal council, 
 posed by this section, in 
 ea above mentioned, 4^ 
 
 m duties on tavern, sWp ] 
 ansf ers and removals tlieip.| 
 ar for tines and penalties,! 
 le license district, for whid ] 
 jrs has \)eeu ap\)ointed, (n^ 
 44 V. c.27,8. 3;48Y,c| 
 
 ind as is not specially a] 
 [ied, under regulations of tlil 
 il for tlie payment of till 
 ectov, and for the expenses! 
 jf otticers, and otherwise il 
 aw into effect, and tlie vesiiuJ 
 ach year, and at sucli oiM 
 the regulations of the Lid 
 .all be paid over,-one-tliit(lJ 
 e, to and for the use o{ fl 
 liirds to the tieasurer of t] 
 in municipality in wl' ' 
 ely situate ; but in oas 
 .-equires a larger duty in ' 
 ' to be paid than the specij 
 \ and 4:4 for any license,' 
 paid over to the tieasnrtrj 
 
 ise fund account shall he drd 
 j-si<tue.d by thcchainiianofl 
 Lense coinunssioiif^>'s> suW 
 Ltenant-Govenior in I'ouij 
 
 (2,3)^ 
 
 Lul of nuiniol\.amics in which] 
 |,eranoc Act is in fo-'ce. 
 
 i.to. 
 
 . , EXPOSING LICENSES. 
 
 M 
 
 i\) Any penalty in money recovered under this Act, 
 
 ^^"^ • ^hich an inspector is the prosecutor or com- 
 
 i*"" '^ . /^\ giiall be paid by the convicting Justice, Justices 
 
 ^'^o'"!" a Ma«»istrate to the inspector, and paid in by him to 
 
 ^IleStof^the "License Fund Account." 
 
 , lu case the whole amount of the penalty and costs is 
 . overed the amount recovered shall be applied, first, to 
 '^ ' of the costs, and the balance shall be appro- 
 
 ie payment ot tiie cos«., auu .. 
 ..iateil as hereinafter mentioned. 
 
 923 
 
 Applicktion 
 of penaltiea 
 where 
 inspector is 
 proMcutor. 
 
 Where the 
 whole 
 
 penalty and 
 costs are not 
 recovered. 
 
 /o\ Tn any case where the inspector has prosecuted and 
 J ed a conviction, and has been unable to recover the 
 t of costs, the same shall be made good out of the said 
 cense fund. 
 
 ,, T j^j^y case where the inspector has prosecuted and 
 , .U ^.Q obtain a conviction, he shall be indemnified against 
 Tosts out of the license fund, should the Justice, Justices, 
 L Police Magistrate before whom the complaint is made 
 
 rtfv that such officer had reasonable and probable cause 
 L preferring such prosecution or complaint. R. S. O. 1877, 
 ,181,3.35." 
 
 REGULATIONS AND PROHIBITIONS. 
 
 Where costa 
 aie not 
 recovered. 
 
 Indemnity 
 of inspector 
 where he 
 fails to 
 obtain a 
 conviction. 
 
 IpO: 
 
 47 AU licenses shall be constantly and conspicuously ^"cei-sea to 
 sad in the warehouses, shops or in the bar-room of expowd. 
 eriis, inns, alehouses, beerhouses, or other places of public 
 itertaipraent, and in the bar-saloon, or in the bar cabin of 
 s, In under a penalty of $5 for every day's wilful or negli- 
 t omission so to do, to be recovered with costs from the 
 chant shopkeeper or tavern, inn, alehouse or beerhouse- Penalty. 
 iper or keeper of any otlier place of public entertainment, 
 ■ister captain, or owner of the vessel so making default. 
 R.S.'o. 1877, c. 181, s. 37. 
 
 The Act in several parts provides for penalties for its contra- 
 tion. Others than the inspector may be the prosecutor or com- 
 lant; this section provides only for the case of the inspector 
 J prosecutor or complainant. The license fund is his indemnity. 
 f recover penalties, he is to pay them to the credit of the fund. 
 [fiil to obtain a conviution, he is to be indemnified against costs 
 
 [the fund. So also where he has been unable to recover costs. 
 
 I The duty imposed is to have all licenses constantly and con- 
 pusiy exposed. The omission of that duty, whether wilful or 
 iibjects the party to a penalty of $5 for every day's omission. 
 iivictiou imposing a gruiiter or other penalty would be bad. 
 
 ' ■';, 
 
 • ■ ii 
 
 a'M 
 
 
 i IE 
 
 m 
 
 wm 
 
m 
 
 tS 
 
 92t 
 
 TaTern 
 keepers to 
 •xblbit 
 notice of 
 being 
 licensed. 
 
 Penalty. 
 
 No person 
 xhall soil 
 liquors 
 without 
 licensu. 
 
 THE MUNICIPAL MANUAL. 
 
 [«• 48. 
 
 48. Every person who keeps a tavern, or other ol 
 public entertainment, in respect of which a tavern licen *^*i ^^ 
 duly issued and is in force, shall exhibit over tie door or ^ 
 tavern, inn, alehouse, beerhouse, or other place of Ti 
 entertainment, in large letters, the words, " licensed t i 
 wine, beer, and other spirituous or fermented liquors' ( ^ i 
 in default thereof, shall be liable to a penalty of 'kf{ k m 
 costs, (s) B. S. d 1877. c. 181, s. 38^ ^ *'^' ''^^"'^ 
 
 49— (1) No person shall sell by wholesale or retail 
 
 spirituous, fermented, or other manufactured liquors witl^' '^ 
 
 having first obtained a license under this Act authorizing l^^ 
 
 so to do ; (a) but this section shall not apply to sales u T" 
 
 legal process or for distress, or sales by assignees iu insolveiii -^ 
 
 (2) No person unless duly licetised shall by any sin 
 notice hold himself out to the public as so licenspf] • iS i ' 
 use ol any sign or notice tor this purpose is herehv 
 hibited. (6) R. S. O. 1877, c. 181, s. 39. ^f" 
 
 Persons not 50. No person shall keep or have in any hoiusp Vii„i,r 
 spirituous, shop, eating-house, saloon, or house of public entertainmenT 
 ?or"8aie""" ^^' "^ ^"X ^°°"^ "^ P^^^^ whatsoever, any spirituous, fer4 
 
 unless , . 
 
 licensed. — - 
 
 Reg. v. Lennox, 26 U. C. Q. B. 141 ; In re Bright and Twnnin h 
 U. C. C. p. 433. See Sch. D, No. 1, for form of convictior 
 
 (r) Proof that there is nothing exhibited ovtr the door denotin 
 that the hf>use is licensed, has in England been held wima f 
 evidence in an action for penalties that the house is iinlinon ^ 
 Gregory v. Tuf.^, 6 C. & P. 271. """tensed.!! 
 
 («) See Sch. D, No. 2, for form of conviction. 
 
 (a) The sale of intoxicating drinks has, for many years both 
 England and Canada, been placed, and wisely placed, under strint'cir 
 and special legislation. Per Wilson, J., In re Jioss and York an 
 Peel, 14 U. C. C. P. 171, 174. This legislation either takes thefon 
 of prohibition or regulation. See Barclay and Darlinritm, HUG 
 Q. B. 470. It is vltra vires for the Local Legislature to enact thil 
 the provisions of the Liquor License Act of Ontario, shall have fa 
 force and eflfect where a prohibitory by-law is in force so as 
 make an oflFence against the latter an offence against the formei 
 Reg. v. Prittie, 42 U. C. Q. B. 612. See further, Slavin v OriM 
 36 U. C. Q. B. 159 ; Reg. v. Taylor, 36 U. C. Q. B. 183. See Sc 
 D, No. 3, for form of convictior. See also sec. 96 and sec. 10 
 sub-s. 6. 
 
 (6) It has been held that a municipal council has the power i 
 compel the removal of a notice such as is required by sec. 48of tl 
 Act, from over thp door of a house not for the time licensed. /»| 
 Bright and Toronto, 12 U. C. C. P. 433. 
 

 14 
 
 ;!' 
 
 JAL. 
 
 [8. 48. 
 
 BREWERS AND CHEMISTS. 
 
 925 
 
 em, or other place o{ 
 lich a tavern license Ivas 
 bit over tlie door of such 
 other place of p\il)lic 
 rords, " Licensed (o sell 
 '.rinented liquors^ (r) iiud 
 I penalty o{ $5, besides 
 J8. 
 
 wholesale or retail any 
 uf actu red liquors withuHt I 
 • this Act authorizing liim 
 not apply to sales under 
 by assignees in insolvenuy. i 
 
 sed shall hy any sign ut 
 Lie as so licensed ; and the ' 
 lis purpose is hereby pvo- i 
 , s. 39. 
 
 Lve in any house, buildini^J 
 se of public entertainment,! 
 oever, any spirituous, {er-l 
 
 In re Bright and Twonto, \i 
 for form of conviction. 
 bibited over the door denoting 
 Ingland been held jmm JwM 
 that the house is unlicensei 
 
 Conviction. 
 
 la has, for many years, ktli i^ 
 d wisely placed, under stnngcri 
 r J In re Ross and York ant 
 llegislation either takes the fon 
 
 ■,rd«y and J^a'-'i'^f/'o"' 11 U' ', 
 X)cal Legislature to enact M 
 Act of Ontario, shall have H 
 rv by-law is in force so as 
 an offence against. ^1^* S 
 J ^ee further, Slann v. Mi 
 36U.C.Q.B.183. SeeSel 
 ^'See also sec. 96 and sec, 10 
 
 Lipal council has the power] 
 tTis required by sec. «oii 
 Tnot for the time licensed. /»! 
 
 433. 
 
 Sections 
 
 not to 
 
 .51(2).] 
 
 ted or other manufactured liquors for the purpose of sel- 
 Tl bartering or trading therein, unless duly licensed thereto 
 der the provisions of this Act ; (c) nor shall the occupant 
 7 V such shop, eating-house, saloon, or house of public 
 VSnment, unless duly licensed, permit any liquors, 
 * , ,. goi J by him or not, to be consumed upon the 
 ' ses hy any person other than members of his family 
 '"^ mi)lovees, or guests not being customers. R. S. O. 
 1877,c.l81,s. 40; 47 V. c. 34, s. 8. 
 
 51_(1) Sections 49 and 50 shall not prevent any brewer, ^|fgt|,< 
 
 <)' tiler or other person duly licensed by the Government apply "to"" 
 f Canada for the manufacture of fermented, spirituous, or '"■'^''*''''' **" 
 llier liquors from keeping, having, or selling any liquor 
 ufactured by him in any building wherein such manu- 
 facture is carried on, provided such building forms no part 
 faud does not communicate by any entrance witli any 
 h n or premises wherein any article authorized to be manu- 
 factured tmder such license is sold by retail, or wherein is 
 kept any broken package of such articles. 
 
 (*)) Every such brewer, distiller, or other person, shall 
 lalso'tirst obtain a license to sell by wholesale under this Act 
 Ithe liquor so manufactured by him, when sold for cousump- 
 within this Province, under which license the said 
 llifluor may be sold by sample, or in original packages, in 
 liav municipality, as well as in that in which it is manufac- 
 Lied ; but no such sales shall be in quantities less than 
 Lose prescribed in sub-section 4 of section 2 of this Act. (d) 
 
 .S.O. 1877,c.l81, s. 41. 
 
 M \n agreement, the object of which is to enable an unlicensed 
 ierson to sell spirituous, fermented, or manufactured liquors without 
 flicense is illegal and cannot be enforced at law. See note a to sec. 
 k As to the evidence sufficient to convict under this section, see 
 totes to sec. 108, See Sch. D, No. 4, for form of conviction. See 
 )8ec, 101, sub-s. G. 
 
 ,.i In Reg v. Taylor, 36 U. C. Q. B. 183, the Court of Queen's 
 lench held that to entitle a brewer or distiller to sell liquor manu- 
 Ktured by himself, it was unnecessary to obtain a license from the 
 fcvincialGovernmeno ; that decision was reversed by the Court of 
 fpeal, but afterwards restored by the Supreme Court in Reg. v. 
 'tarn' 2 S. C. R. 70. Where defendant was convicted under this 
 Etion for selling without a license and under- section 61 for allowing 
 mr sold by him to be consumed on the premises, and one penalty 
 I inflicted "for his said oflfence," the conviction was held bad in 
 for which offence the penalty was imposed. Reg. v. 
 
THE MUNICIPAL MANUAL. 
 
 Nor to 
 ehemisUi. 
 
 Rttv. Stat. c. 
 161. 
 
 [s.52(l). 
 
 52 — (1) The said sef^ticns numbered 49 and 50 of iW 
 Act shall not prevent any chemist or druggist dul • 
 tered as such under and by virtue of The' Pharn ^^"^^ 
 from keeping, having or selling liquors for strictly Sif'\ 
 
 ounces at any one time except under certiiicate from 
 
 Six 
 
 purposes, and then only in packages of not more tli 
 
 rom a 
 iuty of 
 >pen t( 
 
 sale or other disposal by him of liquor, and such record gl ii 
 
 the; 
 
 tered medical practitioner ; but it shall be the dutv"/^*'* 
 chemist or druggist to record in a book, to be open t ^'"'' 
 inspection of the license commissioners or inspector 
 sale or other disposal by him of liquor, and such record 
 shew as to every such sale or disposal, the time when'th 
 
 person, to whom, the quantity sold, and the certificate f I 
 any, of what medical practitioner, (e) and in default of f I 
 sale or disposal being so placed on record, every such sal " 1 
 disposal shall, prima facie, be held to be in contravention rfl 
 the provisions contained in the said sections 49 and fin « 
 this Act (/) R S. O. 1877, c. 181, s. 42 ; 44 V. c. 27, s I] 
 
 ..„>...„... (^) ^^y ^?«^^^^^ practitioner or J ustice of the Peace .|, 
 or Justice of colourably gives a oertmcate or requisition for medical p 1 
 nottoTToaPOses, without which liquor could not be lawfully obtain! 
 roquigition or be lawfully obtained from a chemist or drufffriKt in « 
 
 for Uquor .... « xu • j. 11 "'"bb">'^ '" quai 
 
 colourably. titles of more than six ounces, to enable or for the pun 
 of enabling any person to obtain liquor to diink a,s a bevers! 
 shall, for the first offence, be liable to a penalty of not 
 than $10 nor more than $20, and for a second or any sul 
 
 MtHlical 
 practitioner 
 
 Ezceptiono. 
 
 sequent offence, of not less than $20 nor more than 840 
 V. c. 34, s. 12. 
 
 (3) Nothing in this section shall restrict the sale 
 methylated alcohol, or oil of whiskey, or other niedicinj 
 for cattle or horses. 50 V. c. 8, Sched. 
 
 CLUBS. 
 
 Clubs or 53 — (1) Any society, association or club which has 
 
 incorporated ov shall be formed or incorporated under The Act rem\ 
 
 under Rev. ^^^ 
 
 Stat. e. 172, , ~ ~ 
 
 not to sell Young, 5 0. R. 184, a. bee also, as to effect of a contraventioi 
 
 liquors. this section, sec. 101, sub-s. 6. 
 
 (e) A conviction of the defendant, wl -' was a registered dma 
 for selling spirituous and intoxicating liquors by retail withoiitj 
 ing a license so to do, as required by law, the said spirituousj 
 intoxicateug liquor having been sold for other than strictly medi 
 
 Surposes only, was held to be valid. Beij v. Denham, 35 U. 
 .503. 
 
 (0 See Schedule D, Mo. 11, forrorm of conviction. 
 breaches of this section, sec. 101, tr.b-s. 6. 
 
 See also 1 
 
92T 
 
 42; 44 V. c. 27,U. 
 
 Ition or club which has 1 
 led xinder The Act respedj 
 
 r K.norsbv retail wiAoutl 
 Reg V. Denham, i^ ^• 
 
 ., lu] uiiOSINO TAVERNS. 
 
 ^y^lgnt, Provident, and otlier Societies, and any unincor- ' ' 
 ted society, association or club which has been or may 
 ufonned or carried on specially or chiefly for the purpose 
 fsellin'', bartering, or supplying, or of enabling any such 
 " etv association, or club to sell, barter or supply liquor to 
 r members thereof, or to others, without a license, undei* 
 L^ Act and so as by means of such organization to evadtj 
 1 nnerations of this Act, and any member, officer or servant 
 T eof or person resorting thereto, who shall sell or bartei- 
 1 or to any member tliereof, or to any other person, without 
 it license therefor by this Act required, shall be held to 
 1 e violated section 49 of this Act and shall incur the 
 alties provided for the sale of liquor without license. 
 2) The keeping or having in any house or building, or f[;j;;P|.°K ^f 
 anv room or place occupied or controlled by such club, clubs or 
 
 jpei 
 
 association or society, or any member or members thereof, :°„,„^,^„ „j. 
 
 \ l)v any person resorting thereto, of any liquor for sale or »ec. 50. 
 
 Ikiwr s'wll be a violation of section 50 of this Act. 
 
 (3) Proof of consumption or intended consumption of ^""'^""P- 
 |. j,j giioli premises by any member of such club, associa- liquor, 
 
 itioii or society, or person who resorts thereto, shall be con- 111^'^^"° °*^ 
 jisive evidence of sale of such liquor, and the occupants of 
 [the Diemises or any member of the club, association or society, 
 broeison who resorts thereto, shall be taken conclusively to 
 L ttie person who has or keeps therein such liquor for sale 
 brkrter ; and any liquor found upon such premises shall be 
 ■able to seizure in the manner provided by this Act. 47 
 ,c,34,s. 9. 
 
 54_(1) In all places where intoxicating liquors are, or •*{' pis'* 
 lavbe, sold by wholesale or retail, no sale or other disposal intoxicating- 
 of the said liquors shall take place therein, or on the |'J»»°'^|^°]^ 
 «inises thereof, or out of or from the same, (h) to any per- from seven 
 
 ' Sale or other disposal " would include a gift. See Overtoil v. 
 iinifr. 1 L T. N. S. 3(3(5 ; Petherick v. Sartjent, 6 L. T. N. S. 48. 
 ! further Corhett v. Haigh, 5 C. V. D. 50. This, however, does 
 i prevent the licensee giving to "some member of his family or 
 Iger in his house. " 
 
 ■HA person licensed to sell beer by I'etail "to be drunk or con- 
 jned off the premises," who supplied a pint of beer to a traveller 
 t sat upon a bench placed and fantened to the wall of the house, 
 tming the mug in which he was served, was held to have been 
 lerly convicted of selling beer to be drunk on the premisex. Cross 
 hlL% 13 C. B. N. S. 239. A person licensed to sell beer not to 
 
 ,;|':: 
 
 In 
 
 h' 
 
 I 
 
 I- m 
 
 :^m 
 
 ll:,l" 
 
928 
 
 o'clock on 
 Saturday 
 
 THE MUNICIPAL MANUAL. 
 
 son or perHons whomsoever, from or after tlie I 
 
 b. f)4 
 
 1). 
 
 'our of 
 
 8ev 
 
 '% 
 
 Monday 
 niorniuK. 
 
 no 
 
 niifht till «ix of the clock on Saturday night till six of the clodf 
 o'clock on j^y morning thereafter, (i) and during any further"" 
 the said days, and any hours or other days dui iri'r wi 'T 
 any statute in force in this Province, or by (i„y i '^ ' ''7 
 lorce in the municipality wherein such ])lace or nI V^*^ '" 
 he situated, the same, or the bar-room or l)iif-iT.r..>.,. J ^'^J 
 
 ;';'V'oon.s thereof.1 
 
 through an open window to a person who, aftur Davinrrf ' "' " '"''' 
 ;*. j™^„,ij„4.„i,. „i.„..-i;..« ^.. 4.1... t..'.,i...,„ I ' •' o I'll 
 
 ought to be kept closed, {j) save and except in case 
 l>o drunk ou the premises whose Rervant handed hep 
 
 when 
 
 ■"ig licem 
 
 it immediately, standing on the highway as ulosu aaposi,';') i ''''"' 
 window, vas held to have been improperly convicted of ir 
 OH the preiuixeH. Deal v. Schofield, L, 11. 30 u t**^ '"8 . 
 Bath V. White., 3 C. P. D. 175. The appellant l4 " "'' 
 to sell by retail intoxicatinc liquor to Ije consuin 
 premises, was charged with keeping open his premises f" 
 sale of such liquors during prohiMted hours. He had t'v k " 
 j^roeer's and a draper's, which formed part of Ids house ° iT' 
 shops could bo entered from, the house at the l)ack as well "'1 
 castomeis' entrance. The grocery business was carried on *^ 
 which had an entrance for customers on one street, ana tl 'V' 
 l)usineS8 in a shop which had an entrance for custwners ^ '''' 
 street. During the day there were means of goinc, and"' ?"" 
 occasionally passed from one shop to the otiicr, but^aftcr ^ " '? 
 .shutters or partitions were put up and all means of c "" 
 
 «!xcept through the house, prevented. 
 
 I'oiumimicatii 
 
 \ «= -' . ^^ ^''^*' held that the (lefHii 
 
 oould not be convicted of having the house open for tiie .sd ■ f? J 
 after ten o'clock at night. Briyden v. Jhitj/ies, 1 Q. K. Im-jo V 
 defendant was licensed to sell "in and upon tiie premises k 
 the Palmer House." The Palmer House stood upon tli(!fr''7J' 
 of a deep lot owned by the defendant, the rear part of wl"" 
 been for many years enclosed and used as a fair ground inin ]■ 
 within which enclosure the defendant sold liquor, forwiijehTl 
 convicted: Held, that as the f«tir ground, though part of the I tf 
 which the hotel stood, was not used in connection with or f 1 
 enjoyment of the hotel, it was not covered by the liceuse anil 
 conviction was right. Rer/. v. Palmer, 46 U. C'. Q. B. l'63 ;ieo 
 Tassell v. Ovenden, 2 Q. B. \). 383. See sec. 110 as to eviiliJ 
 guilt under this section. 
 
 (i) An information for selling intoxicating liquors on Sunday iss 
 a charge of a criminal character that the defendant cannot he coran 
 to give evidence against himself, lief), v. lioddii, 41 L' i' i 
 291. See further Reg. v. Fee, 13 0. R. 590. Where inproceeJ 
 for selling liquor on Sunday it was not sliewn that the defea 
 had a license or that the place in which the liquor was sold vrai 
 where intoxicating liquors were or might be sold by wholea 
 retail, the conviction was held bad. Re(f. v. /^0(/(w//, 5 0. RJ 
 Provincial Legislatures can prohibit or regulate the sale of iiqa 
 .saloons or taverns on Sundays, or at special times. Poulin v, OJ 
 JlS. C R. 185. See Schedule D, Nos. op.ndG, for form of convij 
 
 (j) "Or by any by-law in force in the numicipality, 4c." 
 
 ^,m^. 
 
NUAL. 
 
 after t\ie hour of sevpn j 
 ix of the clock on Mon- 
 ring any fwrthcr lime odI 
 iv days dvirinf; which, by^j 
 ice, or hy iiny bylaw iJ 
 uch \)lace or jikcps mail 
 oiix or bar- rooms theteot 
 id except in cases when 
 
 irant hancleil l)eer in a niii 
 lo, after paying h\T it draij, 
 ,y as close as iiossililc to tin 
 erly convicted of Hellini; 
 L. 11. 3 (,>. B, 8. Ste als 
 rhe ap\)ellant heinu Ucen^ 
 jT to 1)0 consumed o|f ti 
 g open hiH prenuses for ffl 
 hours. He had t'vo sl^dpj i 
 1 part of his house, mhI boi 
 3 at the hack as wtll as by t| 
 isiiiesa was carried on in a sit 
 on one street, and the (Uap 
 ance for customers on anotli 
 means of going, and cuatunnj 
 the other, but after ten o'cld 
 icl all means of communicati| 
 It was helil that the dtfeni 
 house open for the si'de oi li J 
 
 Jhiiilie^ 1 Q. U. 1). SSO. 
 iid upon tlie premises knowjj 
 ouse stood upon tlie front j 
 ,nt, the rear part of whiclil 
 (I as a fair ground, innnediil 
 .t sold lupior, for which hei 
 [round, though part of thelol 
 d in connection with or for) 
 covered by the license, i 
 ler, 46 U. C. Q. B. 263. Seei 
 See sec. 110 as to evidenc^ 
 
 [ jcating liquors on Snnday is a 
 Vhe defendant cannot he comp 
 [lieq. V. lioddy, 41 U. C. ( 
 J. R. 590. Where in proceeJ 
 is not shewn that the defen 
 Ivhich the liquor was sold wa( 
 might be sold by whoka 
 ll fifil- V. i^o(/ii'e//, 5 0. R.j 
 ft 'or regulate the saleofliqo 
 It special times. Poulm.i^ 
 |o8. 5and6, forformofconviJ 
 
 le in the municipality, &c." j 
 
 0L08IN0 TAVERNS. 
 
 I 'sition ftT niedical purposes, signed by a licensed 
 I '[•'"l practitioner, or by a Justico of the Peace, is pro- 
 l'bvtl'6 ventlee or his agent; (k) nor shall any such 
 I whether sold or not, bo permitted or allowed to bo 
 '''"'k in any !^'i<^'i pl*''''^'* during the time probibited by tliis 
 I ""f r the sale of the same, except by the occupant or some 
 r^liber of lii« family* or lodger in his liouse. (/) R. S. O. 
 IliTl.c. 181^^41 
 
 Iv with some few exceptions, now authorized to pass resoln- 
 unly boi y jjjjjinjy taverns and shops to be licensed, are the license 
 '^'"" ""^ioners, and they act by resolution and not by by-law- Heo 
 jommiss ' ^er formerly was vested in nuinioipal councils, see 
 t iJland the City of Toronto, 12 U. C. C. V. 433, but was by 
 ill f '19 Vict. cap. 26, Ont. , transferred to the license coinmis- 
 r " o'rppnt where express provision is otherwise made in the 
 v"\Tliirc Brodie and Bowmariritle, 38 U. C. Q. B. 580 ; In re 
 iill'andSt. Thomas, lb. 594. This section does not ;in express 
 L ( confer tiic power either on the license commissioners or on 
 I *'^al councils. Not having been in express language conferred 
 ^anicip , „„jgiig the inference would be that it rests with the 
 
 But 
 
 for the 
 
 munici- 
 
 litv within the meaning ot tlie section, is a question. It was, 
 
 I'r the oM law, held that municipal councils may pass by-laws 
 
 UQSt 
 
 jons. Inrt Jioss ^ 
 
 rf held that they may even since the appointment of license com 
 faioners, prohibit the sale of intoxicating liquors to a child, servant 
 hoDrentice, without the consei t of the parent, master or legal 
 ttilian. In re Brodie and Bowmanvdk, 38 U. C. Q. B. 580. A 
 providing that the bar-room shall be closed, and unoccupied 
 jeptby members of the keeper's family or his employees, and shall 
 Ljo light therein except the natural light of day, during the 
 Liibited hours, is bad and in excess of the powers of the police 
 missioners. Reg. v. Behnont, 35 U. C. Q. B. 298. 
 I Formerly there was an exception in favour of travellers on 
 iay. See Baker v. Paris, 10 U. C. Q. B, 621 ; In re Barclay and 
 mciton, 12 U. C. Q. B. 86 ; In re Boss v. York and Peel, 14 
 C. C. P. 171, but this no longer exists. 
 
 J It was at one time held that it was necessary for the conviction 
 mtive the exceptions. See Mills v. Brown, 9 U. C. L. J 246 ; 
 iv. White, 21 U. C. C. P. 354; but see Beg. v. Breen, 36 0. C. 
 I, U. Punishment for offences against this section must be either 
 jtisomnent with hard labour or a fine. Formerly in the event of 
 [payment of the fine imprisonment without hard labour could 
 le Ik awarded. Keg. v. Bodtoell, 50. R. 186. See now sec. 71. The 
 lerofalicense could alone be prosecuted under this section for sell- 
 liquor on prohibited days. Reg. v. Duquette, 9 P. R. 29. See 
 I tec, 55. 
 
 117 
 
 929 
 
 i'lpiil ccmiicils the inference would be that it rests with the 
 
 J!!e" commissioners under one general power to regulate. 
 
 rther a resolution passed by the license commissioners ' 
 
 kloses'of the section wouhl be " a by-law in force in the 
 
 ''tv " within the meaning of the section, is a question. 
 
 ie'rtheold law, held that municipal councils may pass .,^-ia.«B 
 
 nstthe sale of liquor to a person in a state of intoxication. In re 
 
 \Ao(kaml Otonabee, 12 U. C. Q. B. 458, or to idiots and insane 
 
 n. In re Boas v. York and Peel, 14 U. C. C. P. 171, and it is 
 
 I f . 
 
 I! I 
 
 1^ 
 
 «■■ 
 
 :i' )! 
 
 * ''I 
 
Hi 
 1^' 
 
 
 ■I 
 
 '-— tUb'f 
 
 ••'■^i*ii|; 
 
 -^iti 
 
 930 
 
 Inapvctor tn 
 proKxoutt* 
 for MtiKonii 
 
 »heru hmIi* 
 oil Haturilny 
 night itiul 
 Huniiftv. 
 
 THE MUNICIPAL MANUAL 
 
 When 
 
 keeper of 
 hoUHe uuilry 
 of violHtlon 
 of Droyigion* 
 ao to Stimlny 
 closing. 
 
 (2) Where a prior conviction or conviotions havn \ 
 hud, it shall be tJie duty of the spoctoi- when n,wnr f ' 
 wanie, or wiien the same have been brought to his kn '^ I i^^'l 
 to prosecute as for a second or subsequent ofTonc * ***» 
 case may be, but an omission by the inspector to^'/Mn 
 shall not invalidate any conviction that niay Imy ^ i 
 obtained. Tiiis sub-section shall only apply to c ^' 
 for violations of that portion of the next precodiniTH'T'" 
 tion which prohibits the sale or other disposal of H *" 
 all places whore intoxicating liquors aie or may he aXl"? 
 and after the hour of seven of the clock on Saturdav '^'l 
 till six of the clock on Monday morninirthercaftoi.- ul "i"* 
 any prior conviction is for u violation of tho said next dp 
 irig sub-section the onus of establishing that it was 1101^*1 
 violation duringthesaid hours from Saturday nijrhtuntil mJ 
 day morning, shall lie upon th-^ defendant. 47 V. c 34 il 
 
 (3) Any inspector who .shall knowingly or wilfully vi„i 
 the provisions of this section shall incur a penalty of iiJ'l' 
 than $10 and not more than $20. 49 V. c. 3D s. 17 
 
 55— (1) The keeper of any liccn.sed tavern in a oity 
 town shall keep tho bar room or room in which VumA 
 trafficked in, closed as against all pei'sons, other than tha 
 permitted to enter the same under clauses (n) and (h) ott 
 section, between the hours of seven o'clock on Saturday nii 
 and six o'clock on Monday mornijig tlnn-eafter ■ and 
 keeper of such licensed tavern who allows or suffen anv 
 son or persons to frequent or to be present in such bar ra 
 or room in which licpior is trafficked in durini^ tlie t| 
 aforesaid, shall be guilty of an offence under this Act unJ 
 it be established to the satisfaction of the Police Mai'isti 
 or other Justice or Justices before whom the prosecutiod 
 heard, 
 
 (a) That the person so found frequenting, or presenJ 
 the bar-room where liquor is trafficked in, us a| 
 said, was !it the time he or she so frequented 
 was present in such bar-room, a member off 
 family or household, (other than a lodj^er, boaq 
 or guest) or a servant, or employee ofsuchkei 
 actually engaged in necessary domestic occiipa 
 or service within the said bar-room, 
 
 (h) Or that such person was present therein l&M 
 engaged in receiving or supplying liquor 
 might lawfully be sold during said prohibited hi 
 
 ^ 
 
UAfi. 
 
 , ,, ^1 .j/oU OBTAININO LIQUOR APTEK PIIOIIIHITKI) HOURS. 
 
 931 
 
 conv lotions havo be,eit| 
 3tor when Aware of ih 
 ought to his knowloil(T« 
 or^uent offonco, as th 
 insi^octor to do thij 
 tliat iniiy have l)e9 
 ly api)ly to conviction 
 next pvoccding H\ib!i8 
 ir disposal of liquors jJ 
 * are or may he sold, fro 
 dook on Saturday nii»lii 
 ins thereafter ; but wl 
 in of the said next proca 
 iiing that it was not fori 
 Saturday nijjhtuntil Mo 
 endaut. 47 V.c.34,sH 
 
 owingly or wilfully v'ml 
 
 incur a penalty of not 1 
 
 49 V. c. 39, s. 17. 
 
 cased tavern in a city 
 
 r room in which lifiUDr 
 
 persons, other than tlv 
 
 :r clauses [a) and {h) oft 
 
 n o'clock on Saturdiiy nil 
 
 rniug tiun-eafter ; and 
 
 allows or sviffeis anv 
 ,e present in such barro 
 icked in daring tlie ti| 
 
 u^^nce under this Act, un 
 Ion of the Police Magist^ 
 Ire whom the prosecutioij 
 
 frequenting, or presenj 
 luor is trafficked in, as aj 
 ,ie or she so frequented 
 Ibar-room, a member ofi 
 ^ther than a lodger, boaij 
 
 1 or employee of suclike 
 Icessary domestic occup* 
 
 [aid bar-room. 
 
 ^s present therein lav 
 or supplying liquor j^ 
 during said prohibited^ 
 
 ; 01 The word "koopor" when uned in this .section shall 
 I Idethe person actually contriivtMiing tho provisions of 
 If ection, whether actinjBf on lit^lmlf of iiinisflf or of another 
 thent and the actual offender as well as the •• keej)*!' " of 
 r ijggpsod tavern shall he personally liable to the penalties 
 I fiDunisli'neiits which may be imposed for the infraction or 
 r I tion of this section, and at the pi-osecutor's option, the 
 rill offender may 5)e prosecuted jointly with or separately 
 I* iLg keeper, hut botli of them shall not be convicted of 
 ir aamft ort'ence, and the conviction of one of them shall be 
 I , iQ (;),„ conviction of the other of them therefor. 40 V. 
 
 i39,9. 11. 
 
 Sfi Any person so found in such bar-room, or who has When 
 u present therein during the prohibited hours, in the pre-C",*an 
 Uri' section mentioned, and who does not come within the keeper of 
 totions ihhI proviso in that section contained, shall be '"'"**" ^^ 
 ulty of ati offence under tliis .\ct, and upon conviction 
 ifffof shall he liable to a penalty for each offence of not 
 lore than $10 and not lo.ss than .|2 with costs. 49 V. c. 
 
 S.12. 
 
 n j^o sale or other disposal of liquor shall take place No sale* on 
 Lny licensed premises within the limits of a polling sub- ''"'""* '**y"- 
 Lion on any polling day for or at any Parlianientary 
 (ction or election of a member for the Legislative Asseni- 
 Jr or anv municipal election, or on any day in which a vote 
 Jjccordance with the provision, of The Canada Temperance ii.s.c.c. 106. 
 Ei.isxt'inff taken, from or after the time of six o'clock in 
 (niorninwof the aaid day, until the following lawful day 
 o'clock in the morning. 47 V. c. 34, s. 10. 
 
 J-(l) Every person, not being the occupant or a member obtaining 
 lis family or lodger in his house, who buys or obtains, or pr'"jj7bued 
 tnipis to buy or obtain intoxicating liquor during the'imean 
 
 1 prohibited by this Act for the sale thereof, in any place 
 ! the same is or may be sold by wholesale or retail, shall 
 
 ^ilty of an offence under this Act. 48 V . c. 43, s. I . 
 
 I Notwithstanding anything in this Act contained, any Power to 
 ! Magistrate or Justice of the Peace before whom any wMti^M from, 
 nation or complaint is laid or made for the prosecution pfnaity. 
 my ofience against the provisions of sub-section 1 of 
 ton 54 may, having i-egard to the demeanour of any 
 I and his mode of giving his evidence, by certificate in 
 I behalf exempt such witness from the operation of sub- 
 
 It 
 
932 
 
 THE MUNICIPAL MANUAL. 
 
 fs. 48 (S 
 
 section 1 of this section and from all procecl 
 
 penalties thereunder in respect of the subieot mo+t ^^l 
 ■ - .• 1 • i. V<o \T "J'^^'' ■natter of 
 
 iiirormation or complaint. 48 V. c. 43 s 4 
 
 Provision 
 wliere 
 alleged 
 violation of 
 
 8Ub-8. 1 
 
 committed 
 in detecting 
 breach of 
 law. 
 
 (3) If it shall be made to appear to the Poll 
 
 or Justices before whom any complaint under tli' ^a'^i 
 heard, that the person charged with the violation J i J 
 tion 1 of this section was so acting as an officer wl " 
 it was to enforce the liquor license laws, or under tl '^^ 
 tions or authority in writing of any board of license cT 
 sioners, inspector or provincial officer, for tho nu 
 
 detecting a known or suspected offender against th v 
 license laws, and of obtaining evidence upon which h ' 
 be brought to justice, the defendant shall not bp on ■ 
 48 V. c. 43, s." 5. • "^^ 
 
 itingj 
 
 Penalty. 
 
 fiquorsfrom 59-(l) VVLere a license is issued under this A 
 ships in port authorize the sale of liquors upon any vessel navitr] 
 prohibitei. j.^gj.^ j^j^^^ ^^. ^,j^jgj. ^^ ^jj^g ProviKce, no sale or^itlier 
 posal of liquor (m) shall take place thereon or theretb 
 to be consumed by any person other than a passen-^er oi 
 said vessel, whilst such vessel is at any port pier 
 dock, mooring or station ; nor shall any liquor,' whet'heJ 
 or not, be permitted or allowed to be consumed in or 
 any vessel departing from and returning lo the same 
 wharf, dock, mooring or station, within the time iiereii 
 ill this section mentioned, by any person during the 
 prohibited by section 54, for sale of the same excei 
 medical puT-poses as provided in the said section, (o) 
 
 (2) In case any such sale or other disposal of liquor 
 place, the said license shall ipso facto be an 1 become foi 
 and absolutely void, and the captain or mister in ch 
 such vessel, and the owner or person navigatiu" the 
 well as the person actually selling or disposing of liqui 
 trary to this section, shall be severally and respectivei 
 to pay the Crown for the public uses of this Provii 
 sum of $100; and any person who sells or disposes 
 
 (m) See note g to section 54. 
 
 (n) See note h to sec. 54. 
 
 (o) A passenger on a boat is looked upon in the same i 
 lodger in a house, and so privileged to consume spirituous ori 
 ed liquors when other persons are prohibited. The only ex« 
 when the vessel is departing from or returning to port d 
 hours mentioned in section 54. 
 
2).] 
 
 COKSUMPTION OF LIQUOR ON PREMISES. 
 
 933 
 
 or other disp>isal oi liquor! 
 t»so/ac«o be an I becomes 
 
 le captain or u> inter mcM 
 or person navigating be sai 
 
 selling or disposing oHiqu 
 ,e severally and respectively 
 public uses of this Provi« 
 
 fon who sells or disposes ' 
 
 •-looked upon in tbe same 1 
 
 oiitraiy to the provisions of this section, shall also be 
 f . x|,g same penalty and punishment therefor as ai'e 
 
 ■ fter prescribed in section 7 1 of this Act. (p) R. S. O. 
 C^. 181, s. 44. 
 
 ft No person having a shop license to sell by retail, and f^*>Pj''"""« 
 1 1 .„;cf fir druirsist shall allow any liqnors sold by him or authoriie 
 
 UemiSlO' *^'"b» 1 £ 1 • u T • liquor sold 
 
 dispossession, and for the sale of which a license iStoi>econ- 
 • A fn be consumed within his shop, or within the jumed in 
 
 iirftd W ""^ ^" ,1.1 . the huuse. 
 
 ■iVnc of which such shop lorms part, or which comniuni- 
 hvanv entrance with such shop, either by the purchaser 
 f or by I'ly other person not usually resident within I'enuity. 
 building, under the penalty, in money, iinpose( by 
 70 of this Act. (q) R. S. O. 1877, c. 181, s. 45. 
 
 I No person having a license to sell by wholesale, shall Klj^^^'on-* 
 
 raiiv liquors sold by him or in his possession for sale, sumedon 
 
 • the sale or disposal of which such license is required, per»onT° 
 
 .vimmed within his warehouse or shop, or with'ii Rnv*^;""°K, 
 (CCnsamcu <% . i J 1 • V license bv 
 
 jiT which forms part or or is appurtenant to, or whicii whoUsaie. 
 
 mumcates by any entrance with ,iny warehouse, shop or 
 
 f premises wherein any article to be sold or disposed of 
 
 rsuch license is sold by retail, or wherein there are 
 
 [any broken packages of such articles, (r) R. S. 0, 
 
 ',c. 181,8.46. 
 
 -(1) No person shall by himself or his partner, ^r^^,^''j*]*»° 
 int clerk, agent, or otherwise, sell or deliver intoxicating iniiint'nsed 
 s of any kind to any person not entitled to sell liquor, p^""*"""- 
 irhosells such liquor, or who buys for the purpose of 
 jbs;, and any violation of the foregoing jirovision shall 
 [offence under this Act. 
 
 ; no person shall be convicted under this section 
 istablishes to the satisfaction of the Police Magistrate 
 ^r Justice or Justices before whom the prosecution is 
 
 le penalties are cumulative : (1) Forfeiture of license ; (2) 
 [of $100 on the captain or master in charge of the vessel and 
 Br or person navigating the same as well as the person actu- 
 Bg or disposing of the liquor contrary to the section ; (3) 
 « under seo. 71. See Sch. D. No. 12, for form of conviction. 
 obreacheaof this section, sec. 101, sub-s. 6. 
 
 tnote h to sec. 54. See Sch. D, No. 9, as to form of cohttc- 
 note A to sec. 54. See also Sch. D, No. 10, for forpt of 
 
 
934 
 
 One bit r 
 only. 
 
 Kntrauce to 
 hotel to bu 
 saparate 
 from bar. 
 
 THE MUNICIPAL MANUAL. f fi 
 
 heard that he had reason to believe and did believ fi, J 
 j)erson to whom the liquor was sold or delivered 1 
 
 licensed to sell such liquoi', or did not sell liquor i*^« 
 or did not buy to re-sell. ^^^^ 
 
 (3) This section applies only to a sale or delivery fr J 
 in any city, town or village by a person residing or! ''I 
 on business therein to a person who sella liquor ] ^^F 
 in the same city, town or village. 49 V. c, 39 g lo'^*" 
 
 63. Not more than one bar shall be kept in any h 
 premises licensed under this Act. 47 V. c. 34 g o-j "^"^ 
 
 64. No tavern license shall be granted in respect f 
 house in any city, town cr incorporated village not I ' 
 licensed, unless such house has a separate front ent 
 addition to the entrance to the bar or place v/herp )" 
 are sold. 47 V. c. 34, s. *25. "" 
 
 Licensi'e 
 
 to 
 
 cei'tHln 
 
 purchase' ^5. If any person holding a license purchases froai 
 tHin peison any wearing apparel, tools, implements of tra 
 ric^l'ethL ^"sbandry, fishing gear, household goods, fumitura 
 in pledge, provisions either by way of sale or baiter, directly or 
 rectly, the consideration for which, in whole or in 
 any intoxicating liquor or the price thereof, or receives] 
 any person any goods in ] iwn, any Stipendiary or 
 Magistrate, or any two Justices of the Peace on sufl 
 proof on oath being made before him or them of the 
 may issue his or their warrant for the restitution of all! 
 KesUMuion property, and for the payment of costs ; and in i 
 ordered and thereof the "\7arrant shall contain directions for levvia 
 ^° °^'' sale of the Oifendei-'s goods to the value of such pioiiei 
 pawned, sol;(, or bartered, and costs, and the oflenden 
 also be liable to a penalty not exceeding $20 (s) 
 c. 34, s. 27. ' 
 
 PENALTIES. 
 
 NotJ^«f"' 66. It shall not be lawful for the license commissJ 
 money for any license district, or any of them, nor for any insJ 
 certiflcutc, ^^^\^QJ. directly or indirectly, to receive, take, or hi 
 money whatsoever, for any certificate, license, remrt, i 
 or thing connected with or relating to any graut 
 license, other than the sum to be paid therefor a^ tk 
 umler the provisions of this Act, or to receive, take i 
 
 («) As to costs, Bee sec. 100. 
 

 »ey 
 
 ,1 for the license commmoj 
 o£ them, nov for any H 
 iv to receive, take, or M 
 .eertilicate. license, vq.ori, 
 
 or relating to any gvau ' 
 , to be paid ^^^, 
 is Act, or to receive, take 
 
 PENALTIES FOR VIOLATION OF ACT. 935 
 
 te security or promise for the payment of any such 
 '^^ or any part thereof, from any person or persons 
 yoever; and any person or persons guilty of, or con- Penalty. 
 Jin or party to any act, matter or thing contrary to 
 
 ovisions of this section, or of sections 12 and 13, shall 
 rtand pay to and for the use of Her Majesty a penalty 
 
 t less than $50, nor more than $100, besides costs, for 
 ysnch offence, (t) R. S. O. 1877, c. 181, s. 47. 
 
 1 Anv nietnber of a board of license commissioiiers or Penalty for 
 
 ! inspector, officer or other person who, contrary to theurcnw *"^ 
 I „ions of this Act, knowingly issues, or causes or procui'es J^",*''"^^^ *** 
 
 ) issued a tavern or shop license, or a certificate therefor, 
 upon conviction thereof, for each offence, pay a fine of 
 
 riessthan $40, nor more than $100, and in default of 
 ent of such fine, the offender or offenders may be 
 isoned in the connty gaol of the county in which the 
 
 itiction takes place for a period not exceeding three 
 
 [tbs. («) R- S. 0. 1877, c. 181, s. 48. . 
 
 If an officer of any municipal corporation is convicted Forfeiture of 
 Kv oflence under this Act, he shall, in addition to any^","i^pai 
 rpenalty to which he may be lial)le under this Act, "™,^g^j 
 .bv forfeit and vacate his office, and shall be disqualified 
 ioldin'^any office in any municipality iti this Province 
 years thereafter, (u) R. S. O. 1877, c. 181, s. 49. 
 
 J If a member of any municipal council is convicted of Forfeiture of 
 
 Lnce under tins Act, he shall, in addition to any other m^^^uter of 
 
 |tv to which he may be liable under this Act, thei'eby ^jJ^Yo'ted^ 
 
 Itand vacate his seat, and shall be ineligible to be elected 
 
 |to sit or vote in any municipal council for two years 
 
 \im\ and if any such person, after the forfeiture afore- Penalty. 
 
 lee note a to sec. 12. , 
 
 The oilence under this section involves guilty knowledge. The 
 lire, "Knowingly issues,' &c. The issue through mistake 
 wee is not therefore au offence luuler tlu! section. Heg. v. 
 fSjU. C. Q. B. 442. A certiorari will not lie to remove a 
 ton under tliis section, which has been affirmed and amended 
 f,Jto*hebtv>sions, the procedure being regulated by 32 & 33 
 ,71, 1)., as amended by 33 V. c. "27, a. L>, D., now R. S. C. 
 Isec 83. Reg. v. Grainger, 46 U. C. Q. B. 196. 
 
 lie penalties imposed by this section, are not in substitution 
 in addition to the ordinary penalties. The section is 
 1 in its operation to orticers of a municipal corporation. As 
 lersof municipal councils, see sec. 69. 
 
 ■ n 
 
 t. -1 
 
 h,r .- . t -f !f V ., 1 
 
936 
 
 Penalty for 
 ■elling 
 without 
 license. 
 
 Punisli- 
 ments for 
 second and 
 third 
 offeiices. 
 
 m 
 
 mt. 
 
 I'M 
 
 THE MUNICIPAL MANUAL. , 
 
 [•■89.! 
 said, sits or votes in any municipal council, he shall " 
 penalty of $40 for every day he so sits or votes lv,\ S"^ * 
 1877, c. 181, s. 50. ■ ^ ' "• 0, 
 
 70. Any person (x) who sells or baiters spirituo,, 
 mented or manufactured liquors of aiy kind, or into '^' • 
 liquors of any kind, without the license therefor h'''''l"'^ 
 required, (y) shall for the first offence, on conviction tl 
 forfeit and pay a penalty of not less than i^50 beside '^' i 
 and not more than $100 besides costs; (z) und in deP 7 J 
 j»ayment thereof he shall be imprisoned in thecouiitvrr i I 
 the county in which the offence was comnn'tted t'ora • f 
 of not less than three months, and to be kept at hard 1 1! 
 in the discretion of the convicting majifi.strate ■ and f 
 second offence, on conviction thereof, such person sli II 
 imprisoned in such gaol for the period of four montli 
 
 {w) The preceding section is restricted to officers of muiucin 1 J 
 porations. This applies to members of municipal councils I 
 
 (x) " Any person " includes a married woman. Ren v Wir 
 42 U. C. Q. B. 462 ; Rrr,. v. Campbell, 8 P. R. 55. A joint co? 
 tion of several persons for the same offence in a sindp npmiJ^ 
 bad. lieij. v. Sut/on, 42 U. C. Q. B. 220. ^ ' '^ *"^'^ 
 
 iy) A license irregularly issued when there is no fraud in the h 
 taining of it, is a protection against penal consequences. Stim 
 Emson, 1 Ex. D. 100. A license though obtained by fraud is val 
 unless the fraud is practised by the party to whom it is mnt 
 Reg. v. Marshall, 1 N. & M. 277. The charge in the convicj 
 should be certain and so stated as to be pleadal)le in thp eventof 
 second prosecution for the same ofifence. Retj. v. Haqqard 30 C 
 Q. B. 152, but it is not necessary to mention tlie statute or the t 
 son to whom the liquor was sold. Reg. v. Fantbm; 26 U C 
 259; Beg. v. Slrachan, 20 U. C. C. P. 182; but see Beg. v. Cnmm 
 27 U. C. C. P. 537. See also sec. 101, sub-s. 6. The proof of be! 
 licensed rests on the defendant. See sec. 114, subs. I, The 
 duction of a licence which on its face purports to be duly issu( 
 prima facie evidence in favour of defendant. Ih., subs. 2. See 
 Jiex, V. DohsoJi, 7 East. 218. 
 
 (z) For the Jirsi offence, dsc. This kind of legislation is hy i 
 means a novelty. The Legislature have, from a very early m 
 endeavoured in certain oifences to make the punishment of i 
 hardened offender greater than the punishment of the offenderl 
 the first time, and attempted to lay down rules for the goTeniiii| 
 of such cases. Per Harrison, C. J. , in Stonen," v. Lake, 40 U. CM 
 320, 330. When the charge is for a second offence, it slionid, stricl 
 speaking, be so stated in the information. Reg. v. French, H\i\ 
 Q. B. 403 ; Reg. v. Justices of Queen's, 2 Pugs. N. B. 485 ; butdeif 
 dant may, by his conduct, waive the necessity of such an: 
 Stoness v. Lake, 40 U. C. Q. B. 320. 
 

 tfANUAL. 
 
 [8.69.^K»70(1)-] 
 
 PENALTIES. 
 
 937 
 
 council, he shall incur »} 
 aits or votes, {w) R," 0,1 
 
 or barters spirituous, (etJ 
 i a-iy kind, or intoxicating! 
 ; license tlievefor by Uwl 
 ence, on conviction thereof! 
 ess than $50 besides costs,] 
 costs; (z) und in default ofl 
 •isone'l in the county gaol oi 
 ivas committed, for a periodi 
 d to be kept at bavd lalionrj 
 Lug n"iasi''iti"^^t.e ; and fortlid 
 \ereof , such person sliall 
 5 period of iour montk, 
 
 icted to officers of municipal cor! 
 J of municipal councila, 
 
 rried woman. Re<.h v. W'illiai... 
 )ell 8 P. ■R- 55. A joint convii. 
 le offence in a single penalty, i| 
 B. 220. 
 
 vhen there is no fraud in the o. 
 ,t penal consequences. Memi 
 houeh obtaiiied by f laud is vali 
 the party to whom it la grantd 
 i- rji^e charge in the convictiL 
 
 to be pleadable in the eventoil 
 fpnce /?ef/.v.H(((7f;«rd, 301.11 
 
 to ment^on the statute orthe« 
 Per, V. Fanlkner,%\].l.V 
 
 V iio.butseeRfiJ.v. f'lMiioj 
 
 rrhia kind of legislation is by I 
 Kave,trom a very early perl 
 
 n "make the punishment i I 
 Lr«^nirhmentoftheoffendeJ 
 hCn rules for the go J 
 
 tasecondoffence ^^^^^^3^,1 
 20. 
 
 s* (I). 
 
 , X J^t hard labour in the discretion of the convicting 
 
 * trate" and for the third or subsequent offence, on 
 
 I "*" 'ction thereof, r^uch person shall be imprisoned in such 
 
 "1 for the period of six months, to be kept at hard laboui- 
 
 % discretion of the convicting magistrate ; (a) and in the 
 
 ' , .• ijjje imprisonment of any person upon several war- 
 
 '^V of commitment un kr different convictions in pursuance 
 
 Tths A-ct. whether issued in default of distress for a penalty 
 
 til fwisc, the terms of imprisonment under such warrants 
 
 'll be consecutive and not concurrent. 49 V. c. 39, s. 4. 
 
 7i__n) For punishment o^ offences against sub-section 1 Penalty for 
 Isectiou 54 of this Act, the follovjring penalties are imposed tionoYsec 
 l\ for the first offence a penalty of not less than $20 and' 
 it more than $40 with costs, shall, in case of conviction, be 
 verable from and leviable against the goods and chattsls 
 fthe persons who are the proprietors in occupancy, or the 
 kants or agents in occupancy of the said place or places, 
 I are found by themselves, or their servants or agents, to 
 toe contravened the sub-section 1 of section 54, or any pan 
 Lof and in default of payment of such fine and costs the 
 Liers mav be imprisoned in the county gaol of the county 
 1 the' conviction is made, for a period not exceeding 
 en days with hard labour ; (2) for the second offence, a j^j"^"* 
 jiltv against every such offender of not less than $40 and 
 ImoreUian 880 with costs, or twenty days' imprisonment 
 ihard labour ; (3) for a third offence, a penalty against ™r(i^ 
 ' such offender of not less than $80 and not more than 
 with costs, or fifty days' imprisonment with hard 
 ar- aad such conviction for a third offence shall, in 
 jtion to anv other punishment by law provided, ipso facto 
 ■te as a forfeiture of the license held by the person so 
 jicted, and disqualify him from obtaining a license for 
 jears' thereafter, {b) 47 V. c. 34, s. 11 ; 48 V. c. 43, 
 
 iHard Labour, Jkc. The Provincial Legislatures have, under 
 15 of sec. 92 of the B. N. A. Act, power to impose punish- 
 by fine, penalty, or imprisonment, for enforcing any law of the 
 Ice made in relation to any matter coming within any of the 
 lof subjects enumerated in that section. And " imprisonment" 
 isubsection means imprisonment with or without hard labour. 
 [v. Reg., 9 App. Cas. 117. 
 
 I conviction for the second offence imposing upon the defen- 
 [fine of SIO, and in default of sufficient distress, imprisonment 
 [days at hard labour, is bad, Reg, v. Black, 43 U. C. Q, B. 
 
 118 
 
 K 'U 
 
 $ 
 
 Ml' 11-1 
 
 N- 
 
 m 
 
 f'.f'^ 
 
 .-mi^n 
 
 ■\^ (■: 
 
 hw 
 
 ! 
 
938 
 
 THE MUNICIPAL MANUAL. 
 
 Kin 
 
 [''•71(2).. 
 
 Peoftlty for 
 MDtntven- 
 tion ot ». 68 
 
 U). 
 
 (2) Every person convicted of an ofifence against sub^t, 
 tion 1 of section 58 of this Act shall be liable to a penalt 
 for each offence of not more than $10 and not less than ill 
 with costs. 48 V. c. 43, s, 3. '^| 
 
 SinV*"" 72. Every tavern keeper failiug or refusing, either penoik 
 loaging, «tr. ally or through any one acting on his behalf, except forsc 
 valid reason, to supply lodgiti2, meals, or accommodation i 
 travellers, shall for each offence, be liable, on conviction i 
 forfeit and pay any sum not exceeding $20. (c^ 47 v 
 34, 8. 26. . ' • 
 
 Penalty lot 
 permitting 
 druiikeu- 
 neu, etc. 
 
 73. If any person licensed under this Act peiniits drunka 
 iifcss, or any violent, quarrelsome, riotous or disorderly condu 
 to take place on Lis piemises, or sells or delivers intoxicatii 
 liquor to any drunkeu person, (d) or permits aiul suffers j 
 drunken person to consume any intoxicating liquor on | 
 premises, or permits and suffers peisons of notoriously 
 character to assemble or meet on his })remises, or suffem 
 gambling or any unlawful game to be carried on on 
 inises, (e) he shall be liable to a penalty of not less than 3 
 and not exceeding $50. 47 V. c. 34, s, 28. 
 
 in*terliM '^"' 74- Every person who makes or uses, or allows to be J 
 communica- or used, any internal communication between aiiv Wrm 
 
 tioDSwitb -J !• J • 1-1 • 
 
 uniiceijsed premises and any unlicensed premises which are used 1 
 premiws. public entertainments or resort, or as a refreshment M 
 
 
 180. Convictions imposing the increaped penalties for seconjJ 
 third ofiences under this section are bad unless proceed iiiirsliavelJ 
 taken for the tirst oflFence. Reg. \. Jiodwell, 5 O. R. 186. Seea 
 z and a to sec. 70. See Schedule D. Nos. 5 aiul 6 fur loni 
 conviction. 
 
 (c) An indictment lies against an innkeeper who refuses to r« 
 a guest he having a room in his house at the time. Tlie mni 
 not tender the price of his refreshment, if liis rejeetiou is iiot od 
 ground of his non-payment. It is no defence that the guest] 
 travelling on Sunday, and at an hour after the innkeeper's fa 
 had gone to bed ; nor is the guest bound to statu iiisnumea 
 dress, the innkeeper having no right to insist upon kiioHJiigi 
 particulars. If the guest, however, comes in a state of (lriinkeii| 
 or behaves in an indecent or improper manner, the inukeeptra 
 bound to receive him. Jieg. v. Iveim, 7 C, & P. 213. 
 
 (d) A publican cannot recover for beer furnished to tliird j 
 by the order of a person Vvho has previously becdine iiitoiicatj 
 such publican's house. Brandon v. Old, 3 C. & P. 440, 
 
 (c) See note I to sec. 79. 
 
Kvvkh. l8.ii(2),^Kn(i)'] 
 
 ,Q offence against Bub^tc-] 
 
 all be liable to a penalty 
 
 ^10 and not less than ^ 
 
 g or refusing, either pemii 
 I his behalf, except foraomi 
 meals, or accommodation V 
 , be liable, on conviction t 
 iceeding $20. (c) 4] V, 
 
 ier tbis Act pevmits dninkei 
 riotous or disovdevly cond« 
 r sells or delivers intoxicatii 
 d) or permits and suffers ai 
 ay intoxicating liquor on 1 
 i-s persons of notoviously \ 
 on his premises, or suffer a 
 le to be carried on on his pi 
 a penalty of not less thanfl 
 7. c. 34, s. 28. « 
 
 tes or uses, or allows to be ml 
 ^nicatiou between any liced 
 premises which are used I 
 ort, or as a refreshment Id 
 
 increaFed penalties for secoDdj 
 tre bad unless proceedings hveH 
 
 lule !>. N"s. S and 6 for ton 
 
 an innkeeper vyhorefim to i« 
 
 houseat the time 'lliegu^tj 
 
 Lhment, i£ hia rejection is uotoj 
 
 K no defence that the gu.. 
 
 Ehour after the innkeepers M 
 
 Lt bound to state U.Bn«acl 
 
 rkht to i««iBt upon kno«|.§ 
 
 .r for beer furnished to third p 
 
 PENALTIES. 
 
 be liable to a penalty of not less than $10 and no*' 
 ng $50 for every day during which such communioa- 
 
 939 
 
 ,„ remains open. (/) i7 V. c. 34, s. 29. 
 
 76 Where the council of any city, town, village or town- Penalty for 
 ■ jj^g by by-law required licensed shop-keepers to confine fn'^raaf 
 Bbiisiness of their shops so licensed solely and exclusively to ^"•^R!"' 
 ri keeping and selling of liquor, (g) any person who makes premtoes in 
 fuses or allows to be made or used, any internal commnni- *^J °^J" 
 ktioD between any such licensed premises and any shop or mW. 
 •aiises in which other goods are sold, shall be liable to a 
 n; ty upon conviction for the first offence of not less than 
 jiaudnot exceeding $50 for every day, or part of a day, 
 jon which such communication remains open, and in default 
 [navment thereof, shall be imprisoned in the county gaol 
 the county in which the offence was committed, for a 
 riod of not less than one month, to be kept at hard labour 
 Ithe discretion of the convicting Justice, and for a second 
 fence upon conviction thereof his license shall, ipso facto, 
 ome forfeited and void. 49 V. c. 39, s. 18. 
 
 j6, Any licensed person who allows to be supplied in his Penalty for 
 Hised premises, by purchase or otherwise, any description JlquoM to b« 
 ktever of liquor to any person apparently under the age of «"PP"«d *<> 
 ea years, of either sex, not being resident on the pre- apparently 
 
 or a bona fide guest or lodger, shall, as well as the "°'*®'" **^ °' 
 on who actually gives or supplies the liquor, be liable to 
 la penalty of not less than $10 and not exceeding $20 
 kvery such offence, {h) 47 V. c. 34, s. 30. 
 
 —(1) If any person having a license to sell liquors not I'uniehmeni, 
 drunk on the premises, {%) himself takes or carries, or ij'quor tobe*^ 
 iovs or suffers any other person to take or carry, anv unlawfully 
 
 I „ - r, . J. 11. J') , consumed 
 
 |r out of or from the premises or sucli licensed person on premises. 
 be par[)ose of being sold on his account or for his benefit 
 ofit, and of being drunk or consumed in any other house, 
 Islied or other biiilcliu<r of any kind whate'er, belonging * 
 
 p licensed person, or hired, used or occupied by him, 
 lor in any place whether enclosed or not, and whether 
 
 (As to costs, see sec. 100. 
 
 ^ee sec. 32. 
 
 &s to costs, see see. 100. 
 Ipal Act. 
 
 I iiote h to sec. 54. 
 
 See also sec. 489, sub-s. 32 of the 
 
 )•%'':'■. 
 
 r 8^^:11 
 
 \\p\ M 
 
 ■ M 
 
 '\k 
 
 i 
 
 
 .^.\"\ 
 
 \'j 
 
940 
 
 THE MUNICIPAL UANtJAL. 
 
 ^n 
 
 H^-^ 
 
 V -'' ''^' 
 
 
 
 ■ : '.. -A ■ .V . 
 
 
 i?^\; 
 
 
 
 w 
 
 [•• 7r (i) 
 
 What proof 
 of offeiiCP 
 HufHdeDt. 
 
 not H^ 
 
 (Jwn of 
 
 pi IchHSPC 
 
 (Irinki'i); 
 liriioi' oi> 
 premlst's 
 wLeru 
 bought, etc. 
 
 Kiratoffonce, 
 
 Second or 
 
 Mubscqui'nt 
 
 offence. 
 
 loturprutn- 
 tion. 
 
 Penalty on 
 purchaaer in 
 certain 
 cases. 
 
 Keepers of 
 disordei'ly 
 inn subject 
 to certain 
 peiiulties. 
 
 or not a public thoroiighfare, such liquor shall be dp aj 
 have been consumed by the purchaser thereof on th" '" 
 mises of such licensed person, with his privity and ^ '^"^ 
 and such licensed person shall be punished accordb(;T*^^ ''' 
 manner provided by this Act. • ^ "> 
 
 (2) In any proceeding under this section it shall 
 necessary to prove that the premises, or place or nl"^' 
 which such liquor is taken to be drunk belonged to n ^^^ 
 hired, used or occupied by the seller, if proof Ije given^o rl" 
 satisfaction of the Court hearing tlie case that such 1 * 
 M'as taken to be consumed thereon or therein with irt '! ' 
 evade tlie condifioas of hit; lic»;n.se. 47 V. c. 34 s 31 " 
 
 78— ( I) If any purchaser of any liquor from u person wh. 
 is not licensed to sell the same to be drunk on thu npen ' 
 drinks, or causes or permits any otlioi person to drink 
 liquor on the premises where the same is sold, the .sell 
 such liquor sliall, if it appears that such drinking was wiJ 
 his privity or consent, be su])ject to the following peualJ 
 that is to say : 
 
 '^or the first ofience he shall be liable to a penaltv 
 exceeding .f 20 ; 
 
 7or a second and any subsequent offence he shall be lialj 
 to a penalty of not less than SIO and not exceeding $50/ 
 
 For the purpose of this section the expression " prcinij 
 where the same Is sold " shall include any premises adjoiDU 
 or near the j)remises where the liquor is sold, if beiongiuo 
 the seller of the liquor, or under his control, or used by j 
 permission. 
 
 (2) Any purchaser of liquors in a house or premisesl 
 which a sliop or wholesale license applies, who drinbl 
 causes any one to drink, or allows liquor to be drunk in i 
 shop or premises whore the same has been purchased a| 
 be liable to a penalty of not less than SIO and notexceeii 
 $20. {k) 47 y c. 34, s. 32. 
 
 79. Tho mayor or Police Magistrate of a lowu oi cii^^ 
 the reeve of a township or village, with any one JusliceoJ 
 Peace^ or any two Justices of the Peace having jurisdiq 
 in thi . township or village, upon information to them, oil 
 
 (j) As to costs see sec. 100. 
 (k) As to costs SCO sec. 100. 
 
 ■mi.^^i-t 
 
 
1 be liable to a penalty 
 
 Irs in a house or premisesl 
 icense applies wl.o dmkd 
 Wvs Uquor to be drunk in 
 
 tme bas been purchased, ?! 
 less than $10 and not excee 
 
 HaL-strate of a lowi m cu| 
 
 VtbeVeace having jumdil 
 Lnin«ovmationtolhem,o^ 
 
 1 ..1 DIBOnDERLT INNS. 
 
 ithem respectively, that any keeper of any inn, tavern, 
 house beerhouse or other house of public entertainment, 
 1 t ate within their jurisdiction, sanctions or allows garabi; iig 
 r iotous or disorderly conduct in his tavern or house, (/) 
 "' summon the keeper of such inn, tavern, ale or beer- 
 r e to answer the complaint, and may investigate the same 
 " marily and either dismiss the complaint with costs to be 
 ' d by the complainant, or without costs, or convict the 
 fner of having an improper or a riotous or a disorderly 
 ise as the case may bo (m) and annul his license, or 
 siiend tlie same for not more than sixty days, with or 
 fithout costs, as in his or their discretion may seem just ; 
 d ill case the keeper of any such inn, tavern, ale-house, 
 jr-house or place of public entertainment, is convnted 
 ider this section, and his license annulled, he shall not be 
 iDle to obtain a license for the period of two years there- 
 in Ca<<eW V. Irtsou, E. B. & E. 91, it was held that an informa- 
 J tor using an engine for the pnrpose of taking game against Eng. 
 1 1 &2 Will. IV. c. 32, sec. 23, is a cr'minal proceeding, and 
 iquently that the person charged ia an incoippetent witness. So 
 mtheiuforination under the English Statute 9 (»eo. IV. c. 61, 
 jrgeil the innkeepsr with hnvmg " unlawfully and knowingly per- 
 ittedand sutfered person': of notoriouily bad character to assemble 
 Jmeettogether in Us house and premises." Parker v. Qreen, 2 
 t S. 299. The g? me of dominos is not neuesaarily an unlawful 
 ^i, R((j, V. Ashton, 1 E. & B, 286; nor billiards, Ovenden v. 
 ioiirf, W L. T. y. S. 698 ; but playing at cards for money, even 
 the iuunkeeper't private friends in his own private room in the 
 the playing of .quests, with his knowledge is unlawful. PcUten 
 „.. mr, 3 K. & E. 1. See further, Boaley v. Dames, 1 Q. B. D. 
 'tfare v. Osborn, 34 L. T. N. S. 294 ; Cooper v. Onhonte, 35 L. 
 N. S. 347 ; Redgat-i v. Haynes, 1 Q. B. D. 89 ; Bew v, Ilarston, 
 B D. 454. So playing at ten pins for a pint of beer on each 
 t Danford v. Taylor, 20 L. T. N. S. 483. Knowledge, or 
 from which knowledge may be inferred, on the part of the inn- 
 ir, is necessary. Bosley v. Davieti, 1 Q. B. D. 84 ; Redgate v, 
 J, 11). 89. To permit prostitutes to assemble for the purpose 
 ititution, would appear to be disorderly conduct on the part 
 e innkeeper. Belasco v. Hannant, 3 B, & S. 13 ; W'dson v. 
 irt, Ih. 913 ; Refi. v. Rice, L. R. 1 C. C. R. 21 ; see further as 
 liovM, Marshall v. Fox, L. R. 6 Q. B. 370. A municipal council 
 power to prevent gambling, profane swearing, blasphemous or 
 ily insulting language, or any indecency or disorderly conduct 
 licensed iun under the authority of thj Municipal Act, sec. 489, 
 8. 34, 36, and the general police r.oTirer of the connciL In re 
 kind Bowmanville, 38 U. C. Q. B. 580. 
 
 I The charge that the innkeeper allowed "drunkenness and 
 t disorderly conduct," is not too vagne. Wray v. Toke, 12 
 
 941 
 
 ;Li> 
 
 "i| 
 
 ''\t 
 
 ■ ' ,-i 
 
 If. '•' 1 
 
942 
 
 THE MUHICIPAL KAMUAL. 
 
 Attvt «kud sbaii s^Ibo be liable to the 
 prescribed (n) 
 
 [•• 79. 
 
 JO be liable to the penalties by .pm;, ,. 
 R.S. O. 1877,c. 181, 3. 53;44v7'.? 
 
 Proriaions 
 IM to 
 
 harbouring 
 eoDfltablea 
 on duty. 
 
 Panalty in 
 ease any 
 peri^on com- 
 promises, 
 uompoundBi 
 or Mttlei a 
 
 i".^ r**^ 
 
 
 '1/ 
 
 80. Any person licensed to sell wine, beer or spirit 
 liquors, or any keeper of the house, shop, room or "k*" 
 place for the sale of liquors, who knowingly harbo 
 entertains any constable belonging to any police to ^* "*! 
 suflers such person to abide or remain in his shoi> r *' J 
 other place during any part of the time appointed ( ^ k' 
 being on duty, unless for the purpose of quelling an A* 
 turbance, or restoring order, or otherwise in the txe^ » 
 of his duty, (o) shall, for any of the offences aforesaid "" 
 deprived of his license, (p) R. S. O. 1877, c. 181 s 5d 
 
 81. Any person who, having violated any of the n J 
 sions of this Act, compromises, compounds or settles or ffiJ 
 or attempts to compromise, compound or settle the off J 
 with any person or persons, with the view of i)revcntin ' 
 
 complaint being made in respect thereof, or if a 
 
 complaii 
 
 has been made with the view of gating lid of such 
 plaint, or of stopping or having the same dismissed for w 
 of prosecution or otherwise, shall be guilty of an off 
 under this Act, (q) and on conviction thereof, (r) s\\\\ 
 imprisoned at hard labour in the common gaol of the cm 
 in which the offence was committed for the period of tU 
 months. R. S. O. 1877, c. 181, s. 55. ' 
 
 (n) The penalties are cumulative. If there be a conviction 
 this aection on more than one occasion the license may l)e re I 
 by the County Judge, and the person licensed disqualified f J 
 obtaining a license for two years thereafter. See sec 91 
 Schedule D, No. 13, for form of conviction. 
 
 (o) Guilty knowledge is of the essence of this ofl'ence. It J 
 offence knowiiu/ly to harbour or entertain any conHtable See W 
 v. CoUins, L. K. 9 Q. B. 292. See Schedule T), No. 14, for for] 
 conviction. 
 
 ' {p) Loss of the license is the only punishment for the contn 
 tion of this section. 
 
 (q) A compromise conti*ary to the terms of this .section is iljj 
 and therefore cannot form the subject of a reference to arbitrs 
 In re Eraser and Escott, 1 U. C. L. J. N. S. 324. 
 
 (r) A conviction to the effect that defendant did unlaw 
 attempt and offer to compound and settle with one I!., a cej 
 offence, with a view of stopping or having the said charge disni 
 for want of prosecution, is bad. Reg. v. Mabey, 37 U. C. Q, 
 See Schedule D, No. 15, for form of conviction. 
 
.MUAL. [l. 79. 
 
 penalties by section 10 
 181, a. 53; 44 V, c, 27, | 
 
 wine, beer or spirituou, 
 lae, shop, room, or oth« 
 I knowingly harbourB > 
 g to any police force, 
 lain in bis shoi>, room , 
 e time appointed tor hi 
 pose of quelling any di| 
 therwise in the t-xecutia 
 the offences aforesaid, 1 
 i. O. 1877, c. 181,».64, 
 
 violated any of the provl 
 impounds ov settles, or offi 
 pound or settle the offenJ 
 1 the view of preventing ai 
 set thereof, or if a coraiilaij 
 of g(>tting rid of such coil 
 the same dismissed for wa, 
 uvU be guilty of an otieij 
 eviction thereof, (r) sli " ' 
 te common gaol of the coud 
 ,itted for the period of M 
 3. 55. 
 
 If there be a conviction ufl 
 sion the license may lie revol 
 [ersoM licenBcd disqualified 
 [a thereafter. See sec, 91, 
 iviction. 
 I essence of this offence^ Iti 
 Certain any conatable h^iMi 
 
 Schedule D, No. U, for forij 
 
 Ly punishment for the contra 
 
 Ihe terms of this section is illj 
 Kect of a reference to arbitral 
 '^ J. N. S. 324. 
 I that defendant did unla. 
 land settle with one L. a c<( 
 Kaving the said charge J. 
 
 \ of conviction. 
 
 94» 
 
 Penally for 
 b«ln( 
 
 ooDMraad In 
 •ny luoh 
 eompromliie^ 
 etc. 
 
 IVrtoii 
 violating 
 law may be 
 (liM|ualiflad 
 from holding 
 llcenie. 
 
 ,,1 PKNALTIB8. 
 
 05 Every person who is concerned in, or in a party to, the 
 raise composition, or settlement mentioned in the next 
 l^'rne section, shall be guilty of an oflfenoe under this 
 V^l ) and on ccnviction thereof shall be imprisoned in the 
 I n miol of the county in which the ofTence was coin- 
 l ' wd for the period of three calendar months, (t) R. S. O. 
 
 |;;;-,c.i8i.«.56. 
 
 „ Any holder of a beer and wine license who has been 
 ted of selling liquor without the license therefor 
 " J j,y jftw, or contrary to the terms of his license, or of 
 ■"'vct shall, in addition to any other penalty provided, if 
 V)lice Magistrate or other Justice or Justices before 
 ' .[j^ prosecutioti was lieard, certify that the offence was 
 
 p or their opinion, a wilful one, be disqualified from 
 ur or holding a liquor license for, and during the then 
 !xt Micceeding license year, and any license granted to or • 
 
 taiueil hy any «'ich person during such pei-iod shall be void. 
 ' V, c. 39, s. 10. 
 
 QA Anv ner.son who, on any prosecution under this Act, PeoMj for 
 84. Any pf I" > ^ r c. i • .'tampering 
 
 miens with a witness, either before or after he is summoned with a 
 riPDeiirs as such witness on any trial or proceeding under ^^''"«'"'- 
 L, i^^i 01 by the offer of money, or hy threats, or in any 
 Lway either directly or indirectly, induces or attempts 
 [indiiiit' any such person to absent himself, or to swear 
 Uy ((() shall be liable to a penalty of $50 for each offence. 
 18.0.1877,0. 181, s. 57. 
 
 RR. Anv nersoii who violates any other provision of this I'enaity 
 resiipct of which violation no other punishment is IZm not 
 tmhpd shiill for the first offence, on conviction thereof, ottit-T*''?'', 
 
 pmufii, •■""" «,-,rv 1 •! ' provided for. 
 
 leitaiul nay a jienalty or not less than ^"iO besides costs, > 
 
 I nut more than .$50 besides costs ; and for the second 
 
 m, on conviction thereof, such p'?rson shall forfeit and 
 
 lapeuiilty of not less than 340, besides costs, and not 
 
 than SGO, besides costs, and in default of payment 
 
 wf he shall be imprisoned in the county gaol of the 
 
 for 
 ns i» 
 
 i The preoe ling section applies to the party accused, this to all 
 lire concerned or are parties to the compromise. 
 
 I See Schedule D, No. 16, for form of conviction. 
 
 I The offence mentioned is a criminal ofiFence at common law. 
 |ba3 therefore been held ult7'a vires, on the part of the local leg- 
 See Reg. V. Lawrence, 43 U. C. Q. B. 164. 
 
 ':'f'5 
 
 " ii i I 
 : i 
 
 I"*! 
 
 m 
 
944 
 
 'yt^i^ 
 
 m 
 
 not 
 
 IinpriNon- 
 inunt undiir 
 illffttrant 
 doiivlottoim. 
 
 THB MUNICIPAL MANUAL. r 
 
 [«. 8ft. 
 c<mnty in which the offonco was committed, for a no • 
 exceeding two months, and to bo kept ut hard Itiliour"^ 
 <liscrotion of the convicting magistrate ; and for the h'" *^'"' 
 Hiibsequont oU'enco, on conviction thc'ruof, Huch nc '^ 
 
 l»n imprisoned in such gaol for the period of tluv'!. inoi'lh 
 Im) kept at lianl Ial)onr in the discretion of tlie ' . • •* 
 magistrate. 49 V. c. 39, s. f), part. ' "'^'"'"i,? 
 
 86. Ill the event of the imprisonment of any p(,r„f, 
 
 S(*veral warrants of commitment nnihu* diff-rmit ceiivj J ^^ 
 
 pursuance oi this Act, whetlicM" issued 'm dcfmilt of r*"''"* 
 
 for a penalty or otherwise, the terms <»f imprisoui,„3„'t'|'''^?''" 
 
 such warrants shall l)o conseoutivo and nut concurr 
 
 V, c. 39, s. T), part. "' ^^ 
 
 Penaltieii not to he, remitted. 
 
 puSne,':.', . 87. No Police Magistrate or Justice or Justioes of th.l 
 DottobH reace, license commissioner or inspector, or iniirii<.;...i . 
 o • municipal omcor, shall have any |»ower or iiuthc 't 
 r.'mit, suspend or compromise any penalty or nunll'.J 
 iuHictod under this Act. (v) R. S. O. 1877, c. IHI s 57 
 
 Recovery of /'ena/tien hi/ DlstrcHs. 
 
 88. Ff^r the recov(n-y of the penalties in momy i„ui,.r tbl 
 Act, and legal costs, upon and after couvicUon in ousts nj 
 appealable, and in cases appealable where an iippcil has 
 been perfected according to law, it shall be lawful for 
 J ustice, Justices or Police Magistrate to issut; a waiianu 
 distress to any constable or peace oHicer, against t!ie im 
 and chattels of the person or persons convicted ; and ju cd 
 no sufficient distress is found to satisfy the said coiivjctia 
 then in cases not otlnn-wise provided for by this Act itsii^ 
 be lawful f(tr the said Justice, Justices or Police Ma"i)jtn 
 to order that the person or persons so convicted be imprison 
 in any common gaol, or gaol or lock-up house, within i 
 county in which such conviction was made, for anv perl 
 not exceeding thirty days, unless the penalty and al! col 
 are sooner paid, {w) R. S. O. 1877, c. 18l/s. 59. 
 
 Penaltloji 
 •nil ooatN, 
 how recov- 
 «ral)U<, 
 
 (»;) In the past, raunicip.il councils and othors have been toorl 
 to remit penalties to those who are likely to be useful at electil 
 This scutiun is designed to prevent the cuntiuuance of such a h 
 abuse of the law. 
 
 (to) There is no power to imprison in the first iustance for i 
 payment of a pecuniary penalty. The remedy in the tirst ioiti' 
 
UAL. 
 
 [%. «Ii. 
 
 nitUul, for a period not 
 b at hard \a\>o\ir, in lh« 
 ; and for \\y\ \\\\tA nr 
 •ri«)t', HVich person shall 
 iriod of tlu'tHi moiilhi*, to 
 etio" of till', convicting 
 
 \neut of any person upon 
 !>!• tlirti'vtMit convictions in ' 
 10(1 iu tli'fimlt of tlistr«B 
 iH oi imprisoun\«\il under i 
 ! rtiul not ci)ucurr«iit. 49| 
 
 Justice or Justices of tlia 
 petttov, or municii),vl council 
 any \»owtn- or suithority tJ 
 uiv ueuiiltv 01- puuishmeiJ 
 . rt OM877,c. »8l,s.58,> 
 
 ies hy Dislrexx. 
 eiiii\ties in mon.-y under thj 
 i,aov conviction in cases nd 
 b\e where i^" 'iPF^^^ hasnJ 
 ' it «Uii\l be lawful for aij 
 jr'iatrate to issue a wavnuilj 
 Lp, omcer, against the '.oq( 
 .vsons convicted ; and mi 
 onatisfy the said convH 
 
 videdtbrbytlusACitH 
 Justices or Police Magwtr. 
 ,uH so convicted be imi-nsofl 
 or lock-up house, vvUhml 
 ^,,,, was nvvle, for any perl 
 U.SH tlie peii^^ty ^"^^ ''^' '* 
 
 1^ 1 r^Hiara have been too t 
 K^iio be useful at electi 
 
 tthe cl^^^^^^^^^ 
 
 •„ «-He first iusUncefori 
 
 The re*"'^ ■" * *"H 
 
 .. I LICRN8B8 IMPROPERLY ODTAINBD. 
 
 Application of Ptfnaltiea. 
 
 {Sf.f. oIho Sfction 46. ) 
 
 aa The penaltios in money umhir this Act, or any portion 
 I ( Iflm which may ho recovered, nhall be pai«l to tho ooii- 
 I .■ ,r Justice, .f UHtices or Police IVtajjfistrato in theca.se, and 
 Til bv him, or them, in case i\w inspector or any officer 
 I ntoil by the Lientenant-Oovernor or by the license cotn- 
 I ■ iieis is tlio prosecutor or comphiinant, be paid to tl>e 
 V -tor as provided in section 4G, and in case such inspector 
 T 'tfi er is »*>' •''"^ prosecutor or coniphiiinuit, then the same 
 [ II hi) paid to the treasurer of tho municipality wherein 
 leoffeiice was committed, (r) R. H. O. 1877, c. 1«1, h. 60. 
 
 an The council of every municipality shall set apart not 
 
 tiiivn oiiethird part of such tines or penalties received by 
 
 •J municipality for a fund to secure the prosecutions 
 
 * infractions of this Act, and of any by-laws passed in 
 
 bince thoroof (//) K S. O. 1877, c. 181, s. Gl. 
 
 BEVOOATIOH OP LIC'KNHKS BY COUNTY .lUDOE. 
 
 hi Upo» tl*^ complaint of tho inspector or the board of 
 
 lenJe commissioners or tho county attorney, that a license 
 
 ibeen issued contrary to any of tho provisions of this Act 
 
 lof any by-law In force in the said njunici[):ility, or that 
 
 (license has been obtained by any fraud, or that the jier- 
 
 licensed has been convicted on more than one occasion 
 
 ny violation of the provisions of section 79 of this Act, 
 
 as been convicted on three several occasions of ai»y 
 
 ktioii of any of the provisions of this Act, whether the 
 
 l)4f) 
 
 Applleatloa 
 of p«ualtiM< 
 
 Munloipali- 
 
 tlHR to Net 
 •|iArt II third. 
 
 Pownr of 
 County 
 Ju(li{e wher* 
 license 
 improperly 
 ol>tAin«d or 
 licun«ue 
 convicted of 
 ofT'iiice 
 aijiiiiiHt Art. 
 
 warrant of distress. In case no suflficient distress 1.9 found, 
 joament may follow not exceeding thirty days, unless the 
 [llvaml all costs are sooner paid. See Rejj. v. Yon.)Uf,1 O. II. 88. 
 
 Convicting .Justices should forthwith pay over moneys levied 
 ^m colore officii. It is not lawful for such Justices to keep and 
 pe moneys so levied, and pay them over only wiien they see fit 
 iindon the use of them. The payment nuist be made eitlier to 
 iipector of licenses or to the treasurer of the municipality — 
 bnner where the inspector or other officer appointed by the 
 pant Governor or license commissioners is the prosecutor, the 
 t in all other cases. 
 
 iThe duty is imperative. Moneys paid to the inspectors are by 
 Vd to the license fund, which is used iu aid of the carrying out 
 Uct. See sec. 46. 
 
 119 
 
 -i. 
 
 i I 
 
 
 W: :i 
 
 ;% 
 
946 
 
 IM 
 
 Procedure 
 under 
 precedinif 
 section. 
 
 Bl 
 
 m 
 
 Any per»>D 
 may be 
 prosecutoi-, 
 etc. 
 
 THE MUNICIPAL MANUAL. r 
 
 oflfences in resi>ect of which such convictions were mad 
 the same or different in their character, ao long as such *'* 
 victions were for offences committed on different dav "T 
 Judge of the County Court of the county in which 
 municipality is situate in any part of which the li ""^ 
 granted is intended to take effoct, shall summon the dp " * 
 to whom such license issued to appear, and shtill proce 1 !" 
 hear and determine the matter of the said complaint " 
 summary manner, and may upon such heaHng, or in def * \ 
 of appearance of the person summoned, detcmine and adiii 1^ 
 that such license upon any of the causes aforesaid oufflt f ' 
 be revoked, and thereupon shall order and adjudge that tlai 
 same be revoked and cancelled accordingly, and thereui J 
 the license shall be and become inoperative and of nl J 
 effect, and the person to whom such license issued sh 1 
 thereafter, during the full period of two years, he disqjalifiJ 
 from obtaining any further or other license under m 
 Act. (z) R. a O. 1877, c. 181, s. 62 ; 47 V. c. 34, , \\ 
 
 ' 92. The complaint in the preceding section mentioiift 
 may be by a short petition to the Judge entitled " In th 
 
 County Court of the County of " (a) and "In the matteil 
 
 the license granted to (naming the de/endanf)," pravinc fj 
 the revocation of the said license, and upon heariii'"; 
 evidence adduced, or upon default of appearance of tl 
 ])rosecutor or defendant, the Judge may dismiss the initd 
 of the complaint or make such order as he deems just rf 
 or without costs to be paid by the prosecutor or defptKy 
 and the order on adjudication of the Judge shall be fiiml 
 conclusive, and shall not 1)3 the subject of appeal or leviJ 
 by any Court whatever, R. S. O. 1877, c. 181, s. G4. 
 
 PROSECUTIONS. 
 
 93- Any ))erson (h) may be prosecutor or complain inH 
 prosecutions under this Act. R. S. 0. 1877, c. 181, s, 
 
 (2) Tho jurisdictiou here confarred is statutory and limitoiltJ 
 particular cases for wliich provision is made. It would ueemf 
 offences comrait*;efl in different years may be taken int:) considen 
 for the pi'.rposes of this section. The decisiou of the county J^ 
 is final. See sec. 92. 
 
 (a) The proceedings being entitled in the County Court it i 
 seem that subpcenas and other process may issue f lom that com 
 enforce, if necessary, the attendance of witnesses. 
 
 (b) "Any person," includes a married woman. .See%. v.J 
 iiaiiis, 42 U. C. Q. B, 462. 
 
UAIi. 
 
 [a. 51. 
 
 PROSECUTIONS. 
 
 947 
 
 rictions were made were 
 ler, 30 long as such con- 
 
 ou differeat days, tk 
 e couuty in whlcli any 
 •t o£ which the license ^ 
 hall svimmon the person 
 jav, and shall proceed to 
 the said complaint in d 
 ach hea-ing, or in defaultl 
 led, dete'-raine and adjudgft] 
 uauses aforesaid, ought \i 
 rder and adjudge that M 
 ccordingly, and thereuH 
 ) inoperative and of nou* 
 
 such license issued %M 
 o£ two years, be dlsqualiM 
 
 other license undev tW 
 1,8.62-, 47V.c.34,sl^ 
 
 preceding section mention. 
 he Judge entitled "Int 
 
 [ ^.1 /^\ and "In the matter 
 
 the defendanf)," V^W. 
 mse, and upon heaving 
 .fault of appearance ot tl 
 idcre may dismiss the mail 
 order as he deems ^ust, .-^ 
 
 tUe prosecutor or defendai 
 rft.heJud;4e shall be timda 
 . subject of appeal ov vevH, 
 ;. O. 1877, c. 181, H.«^. 
 
 „-,,*• or or complaininU 
 prosecutoi o^ i 
 
 R. S. O. lbH,c. lbl,s.| 
 I — r • ^t.,Hitorv and limited tol 
 
 ■^S&uoftl.eeoantyJJ 
 .uarrvcA woman. See K J , 
 
 1 96(1).] 
 
 04 All informations or complaints tor the prosecution of intono'Mo"' 
 nffence against any of the provisions of this Act, shall be 
 rdormade"'^"*^"8 (^^'thi" th'^ty days after the com- X[,5«" *° >* 
 . • of the offence, or after the cause of action arose, and 
 '"' .fterwards), (c) before any Justice of the Peace for the 
 ""ntv or district in which the offence is alleged to have been 
 **' m'tted, and may ba mtjde without any oath or affirma- 
 ** ^ ^jje truth thereof, and the same may be according to 
 I tl form of Schedule to this Act or to the like effect. R. ^'<>nn. 
 |s.0. 1877, c. 181,8.65. 
 
 95. No license commissioner or inspector who is a Justice miM^ne?"" 
 fthe Peace, shall try or adjudicate upon any complaint f or "r in^ peetorB 
 ji infraction of any of the provisions of this Act committed jl,«?i"r 
 .•*i.in ihc limits of the license district for which he is a prohibited 
 ense commissioner or inspector ; (a) but this section shall oertnin 
 ot be construed to apply to a Judge, or Junior Judge or ''''"'•'''*'°'*- 
 ftputy Judge of a county. R. S O. 1877, c. 181, 
 [67. 
 
 96— (1) AH prosecutions for the punishment of any offence Certain 
 »;n st any of the provisions of sections 49, 50, 54, 59, 60, lo'bTbefore 
 ',^H"j() and 79 of this Act, or any secl'on for the contra- **°°J™*"^ 
 Dtion of which a penalty or punishment is prescribed by 
 tion 70 whetli'^r the prosecution is for the recovery of a 
 alty or for punishment by imprisonment, nmy take place 
 iore any two or more of Her Majesty's Justices of the 
 
 Laying the information is the commencement of a prosecution 
 
 U a magistrate. The magistrate, acting as a judge, and on 
 
 ilf of the pul)lic in issuing the summons on an information laid 
 
 ; him, ought not to delay proceedings to the prejudice of the 
 ^iiant. lieu. v. Lennox, 34 U. C. Q. B. 28. When the statute 
 ^iled for the commencement of the piosecutiou within twenty 
 
 L <tu information sworn on 30th December, laying the offence on 
 JDecember, was held to be suflScient. lb. It is not necessary 
 [the uonvictic>n should, on the face of it, show that the prosecu 
 Iwas oommenced within the time limited. Hetf. v. Sirachaii, 20 
 
 ,C.P. 182. 
 
 I It is necessjvry that the adjudications of justices should not 
 lie free from bias, but if possible from all suspicion of bias. It 
 dinal principle in the administration of justice, subject to .! 
 kceptions, that no man should adjudicabC in a cause or matter 
 1 he is interested. See Paloy on Convictions, 5th ed., p. 38, 
 See also, Retf. v. Chapman, I O. R. 582 ; Jieg. v. Kh.mp, 10 
 (143. 
 
 
 \k 
 
 ■m 
 
 m 
 
 1:1 
 
 ■\-i-' 
 
^48 
 
 THE MUNICIPAL MANUAL. 
 
 ■■'mi' 
 
 t 
 
 [«• 96 (1). 
 
 Peace having juriscUction in the county or district in v v 
 the offence is committed, (e) "^ 
 
 ^'toCin (^) The Justices shall in all cases reduce to ^rltin^ tH. i 
 writinK. ovidence of the witnesses examined before them and^Kii 
 read the same over to such witnesses, who shall ' 
 same. (/) R. S. O. 1877, c. 181, s. 68. 
 
 sign tii8 
 
 btifore one 
 or more 
 juiticei. 
 
 pri;:^utU 97; All prosecutions under this Act, othei than tha 
 may be mentioned in the preceding section, whether for the recn 
 of a penalty or otherwise, may be brought and heard b f 
 .my one or more of Her Majesty's Justices of the Peac ^ 
 and for the county where the forfeiture took place orf!!^ 
 (jenalty was incurred, or the offence was committed or wm 
 done, (g) R. S. O. 1877, c. 181, s. 69. " 
 
 HroBecuUonB gg. jn all cases where the board of license commissionei 
 resoiutioDB passes a resolution in pursuance of the powers confern 
 comSon- upon them by sections 4 and 5 of this Act, (h) and in si 
 penlufe'i*'''* by any such resolution, penalties are imposed for the infn 
 tion thereof, such penalties may be recovered and enfoto 
 by summary proceedings before any Justice of the Pei 
 Iiaving jurisdiction, in the manner and to the extent tiJ 
 by-laws of municipal counoils may be enforced under i 
 authority of The Mtiiiicipal Act; {i) and the conviction. 
 such proceedings may be in the form set forth in section i 
 of the said last mentioned Act. R. S. 0. 1877 c 181 s 1 
 47 V. c. 34, 8. 17. ■ ' 
 
 may^hea"** 99- Wlicu by this Act it is provided that any prosecuj 
 ca«c in rural may take place before two or more of Her Majesty's Jusli 
 iiiu;«icipaii- ^^£ ^j^^ Peace, having jurisdiction in the county or distrid 
 
 lUv Hiat. 
 IH4 
 
 (e) It would seem that the Crown is not obliged to prow 
 under this section like a private individual before two i 
 but may proceed by information in the High Court See^J 
 Taiftor, 36 U. C. Q. B. 183. See, as to proceedings beingtakenl 
 Justices in the absence of the Police Magistrate in places ban 
 I'olice Magistrate. Jteg. v. Gordon, 16 O. R. 64. 
 
 (/) It would be well for magistrates, when reducing theevij 
 of witnesses to writing, to use as nearly as possible the very! 
 of the witnesses. 
 
 {(f) See note e to sec. 96. 
 
 (h) See note^' to sec. 54. 
 
 (i) See sees. 420 to 423 and sec. 479, sub-ss. 17-19, of the 1 
 cipal Act. 
 
949^ 
 
 LTis not obliged to ptoi 
 Kvidual before two myt 
 r Wp Hiah Court, bee JJ 
 
 Ice W«*^*te in places h. 
 
 I 16 0. B. 64. 
 
 Ites when reducing the evj 
 'S as possible the very la.^ 
 
 under and Co^s in 
 
 »To J? it • "onvictions 
 / o 01 this or orJers 
 
 under tiR. 65 
 
 101 2.1 PBOOEDURE WH:. *B ^ilEVlOUS CONVICTION OHARGKD. 
 
 , . . j.jjg offence is charged to have been committed, then in 
 
 I n offence is <'°*"'"^*'*®*^ ^'^ * '°^"^^^P» or in an incor- 
 
 1 ted or police village, or in an uiiorj/anized district, the 
 
 cution may take place before, and a conviction or order 
 
 be made by, one or more such Justices of the Peace, 
 
 J (jf « two or more " of such Justices, whenever an 
 
 1 ijgg a'^ainst such conviction or order to the County 
 
 jL Wheu such prosecution takes place before or a con- 
 
 I • *° n or order is made by one Justice instead of two or 
 
 the forms in the schedule to this Act may be altered 
 
 (i adapted so as to meet the exigencies of the case. 49 V. 
 
 39, s. 20. 
 
 100 In *^^ cases of conviction, or orders made 
 
 ipursuance of sections 65, 72, 73, 74, 76 and 
 
 ict, the Justice or Justices making the same may, in his ov^2—u^^e^ 
 
 hfir discretion, award and order, in and by the conviction a"d 78.' 
 
 rorder that the defendant shall pay to the prosecutor or 
 
 mnlainant such costs as to the said Justice or Justices seem 
 
 Jonable in that behalf, and not inconsistent with the fees 
 
 iblished by law to be taken on proceedings had by and 
 
 [(ore Justices of the Peace. 48 V. c. 43, s. 7. 
 
 CEDURE IN CASES WHERE PREVIOUS CONVICTION CHARGED. 
 
 iOl. The proceedings upon any information for commit- Pfocpedings 
 Tf,n offence against any of the provisions of this Act, in where a 
 1 oh previous conviction or convictions being charged, p^^^^'^'^^ 
 ihallbe as follows ; charged. 
 
 The Justices or Police Magistrate shall in the first 
 
 lance inquire concerning such subsequent oftence only, and 
 
 ! accused be found guilty thereof, he shall then, and not 
 
 U, be asked whether he was so previously convicted, as 
 
 W in the information, and if he answers, that he was so 
 
 Hously convicted, he may be sentenced accordingly ; (/) 
 
 [he denies that he was so previously convicted, or stands 
 
 J of malice, or does not answer directly to such question, * 
 
 justice or Police Magistrate s'lall then inquire concern- 
 
 Vch previous conviction or coavictions. 
 
 The number of such pi'evious convictions shall be prove- NumV)"'©! 
 
 ■ *■ * previouR 
 
 I" Being charged," &c. See note s to sec. 70. 
 
 9 ia analogous to the procedure made necessary in the case 
 )», under sec. 207 of the Criminal Procedure Act, R. S. C. c. 174. 
 
 
 HP 
 
 m 
 
900 
 
 • conTictios?, 
 how proved. 
 
 PreviouH 
 conTictioDR 
 need noi bo 
 cimrged. 
 
 Offence* on 
 »\m» day. 
 
 In caf>e of a 
 Becond or 
 lubsequent 
 eonvicti,ii) 
 becoming; 
 irrejfular by 
 quashintf of 
 a first or 
 previous 
 conviction, 
 
 THB MUNICIPAL MANUAL. r. ,., 
 
 able by the production of a certificate under the hanH 
 
 convicting Justices or Police Magistrate, or of the CI ]} 
 the Peace, without proof of his signature or oflBcial ch °^ 
 
 or by other satisfactory evidence, (m) **'"' 
 
 3. A conviction may in any case be had as for 
 oflence notwithstanding that there may have been • i 
 conviction or convictions for the same, (n) or an '^^"^ 
 offence, (o) ^ ""^^^ 
 
 4. Convictions for several offences may be made 
 tills Act, although such offences may have been com f "i 
 on the same day ; but the increased penalty or punih' 
 hereinbefore iiiii)Osed shall only be recoverable in the *''« 
 offences committed on different days, and after inform f' 
 laid for a first offence, (p) ^ " 
 
 5. In the event of a conviction for any ssecond or s 
 (juent offence becoming void or defective, after the mlf' 
 tliereof, by reason of any previous conviction being set 'iJ 
 ijuashed, or otherwise rendered void, the Justices or P rJ 
 Magistrate by whom such second or subsequent convict^ 
 was made, may by warrant under his or their hand sum J 
 the person convicted to appear at a time and place to i 
 named in such warrant, and may thereupon, upon nra 
 
 (m) There must be legal proof of the former conviction orranni 
 tions. Cms.s v. Walts, 1.3 C. B. N. S. 239 ; and it would seem tl 
 in addition there must be proof of the identity of the person ( 
 victed, with the person previously convicted. See Jha v Cmd 
 C. & P. 219. ■ ■" 
 
 (n) The conviotiou may, in any case, be, in the discretion of I 
 .fustioe or Justices, for a lirst offence, notwithstanding that ta 
 may have been a prior conviction or convictions for the same or J 
 (itlier offence. This would appear to be so, although priorconvicti 
 he alleged and proved. Unless the prior conviction or convictiott 
 both alleged and proved, the Court is not bound iu any case tot 
 notice (tf them. See iieg. v. Summers, 11 Cox C. C. 248 '^mJ 
 Willis, 12 Cox C. C. 192. ' •'* 
 
 (o) Or any other offence. The general rule when increased ddJ 
 ment is allowed tor a suhsecpient offence is, that it and the fon 
 one shall be of the same character. See Rey, v. (Jarland 11 1 
 C. C. 224. But see note z to sec. 70. ' 
 
 (;>) Although there may be several convictions for several olfej 
 committed on one and tlie same day, these are not to be used fa 
 l)urpose of the increased penalty or punishment under the 
 Although the offences have been committed iu different yea 
 would seem that they may be used for such a purpose. Seei 
 to sec. 91. 
 
 i 
 
 i'i 
 
||-fJj;t;!Mt| 
 
 FORM OF INFORMATIONS. 
 
 961 
 
 ne former conviction or coavi 
 
 [ "39 ; and it would seem tl| 
 
 the identity of the person c^ 
 
 jnvicted. See Rtg. v. Crojl 
 
 «e be, in the discretion ol i 
 Le notwithstanding that tW 
 1 convictions for the same oi i 
 L be 80, although vnor convict! 
 L-ior conviction or coimctioM 
 L not bound in any case tot 
 
 Lral rule when increased pud 
 fence is. that it and the H 
 ^ See W V. G'aWand,ll| 
 
 Li convictions for several oM 
 t these are not to he used loi 
 V„?pun?shment under H 
 Ucitted in different H 
 
 'for Buch a purpose, bee. 
 
 ,102.] 
 
 I ii due service of such warrant, if such person fails to p","^ "' 
 or on hifl appearance, amend such second or subse- Magistnte 
 ''''^'uonviction, and adjudge such penalty or punishment"*^"""*' 
 '""'. I . jjj^ve been adjudged had such previous conviction And 
 ""foxisifid, and such amended conviction shall thereupon ^f,"£„ 
 K Id valid to all inteuts and purposes, as if it had been ▼»ii<i- 
 * in the fiist instance, (q) 
 
 ■ T.. ,.««« anv person who has been convicted of a contra- Second 
 b, m case ttiij r . . £ xu- a j. ofle«>«e; 
 
 , . jjf any provision or any or the sections oi this Act, meauiDKof. 
 
 liered 49> 50, 51, 62 or 59, or any section for the contra- 
 
 L t oil of which a penalty or punishment is prescribed by 
 
 ton 70 is afterwards convicted of an offence against any 
 
 ision of any of the said sections, such conviction phall be 
 
 ned a conviction for a second offence, within the k . ,iing 
 
 tfction 70, and may be dealt with and punished accord- 
 
 Iv although the two convictions may have been under 
 
 erent sections ; and in case any such person is afterwanls 
 
 in convicted of a contravention of any provision of any of 
 
 said sections, whether similar or not to the previous 
 
 iices such conviction shall in like manner be deemed a ^^^^it. 
 
 hvicti'ou for a third offence, within the meaning of section 
 
 [and may be dealt with and punished accordingly, (r) 
 
 IS.0.1877, c. 181, s. 73. 
 
 FORM OP ISFOaMATIONS AND OTHER PROCEEDINGS — 
 AMENDMENTS. 
 
 m In describing offences respecting the sale or other DMo^pM^n 
 
 ■«*'• ' .. xi 1 • iv. i- !•'•» Inform*- 
 
 al of liquor, or the keeping, or the consumptu)t) of i 
 
 tionH. 
 
 lor in any information, summons, conviction, warrant, or 
 jelin» under this Act, it shall be sufficient to state the 
 disposal, keeping, or consnmptiou of liquor simply, 
 lout siiitiiig the name or kind of such liquor, or the price 
 (eof, or any person to whom it was sold or disposed of, 
 y wiioni it was consumed ; and it shall not be necessary 
 late the quantity of liquor so sold, disposed of, kept, or 
 Led, except in the case of offences where the quantity 
 
 I This provision is necessary in case of prior convictions haT- 
 Keu quashed or otherwise rendered void. The only prior 
 pions which are allowed to be taken into consideration for the 
 lie of the section, are those which, at the time of the subsequent 
 ition, are existing convictions. See Re<j. v. Ackroyd 1 C & K. 
 'HI. V. StonHel, 1 Cox C. C. 142. 
 
 i note to sub-sec. 3 of this section. 
 
 1 If" '"''ii 
 
 mm 
 
953 
 
 THE MUNICIPAL MANUAL. 
 
 [»• 102.. 
 
 18 essential, and then it shall be sufficient to allege th 
 or disposal of wore or less than such quantity !a\ R a a 
 1877, c. 181,8. 74. ; ^^•^^ 
 
 
 m 
 
 (o) A conviction, stating tiiat " the defenilant was in the h W^ 
 selling spirituous litjuors without license," witliout ch(ir<»' ' 
 specific offence and not shewing time nor place is had "'"^ '*" 
 Fergmoti, 3 U. C. Q. B. O. S. 220 ; lieu. v. Youn,,, o 
 It is sufficient to state the offence as selling ".i certain 
 liquor called whiskey." Held v. McWhinnii', 27 U. C 
 It is not sufficient to state that the person convicted "(liffk". ^? 
 bar room open and allow parties to frequent and remain in tl '' 
 contrary to law." Rei]. v. Ifoi/rjard, 3J U. C. Q. B. 152. It •''^'"' 
 sufficient to state that " he did sell wine, beer, and other spir't "' 
 or fermented liquors, to wit, one glass of whiskey, contrary t)!"" 
 for such a conviction does not shew whether the offence was for'n 
 ing wi*-hont a license or during prohibited hours. /4. [^ j 
 necessary in a conviction for selling liquor without license to meiit'' 
 any statute under winch the conviction took place, licii y vvy„ ' 
 20 U. (!. C. P. 182. A conviction that one G. P. of, &c'., innkeei- 
 after the hour of seven in the evening, ir. and at his kvern I 
 being a place where intoxicating liquors are allowed to be soil 
 retail, did unlawfully sell, &c., one glass of betr, &c., was heM 
 as the use of the word innkeeper was not enou<>h to shew the defi 
 dant the occupier, &c. Jicff. v. Pratee, 23 U. C. C. P, 359 
 iuformation st ited that the defendant, '"'a licensed hotel iiee% 
 the town of Peterborough, did, on Sunday, 2nd July, 1876 at 
 hotel occupied by him in the said town, dispose of intixic;,, 
 liquor to a certain person who had not a certihcate therefor ''t 
 and the conviction thereunder stated that the defendant Wiis m 
 victed "upon the information and complaint of J. Pi., the aboi 
 named complainant, and another, before the undersigned," 
 " for that the defendant," &c., (using the words in the inforniatii 
 Held, that it sufficiently appeared that the hotel was a licensed hoi 
 at which liquor was allowed to be sold ; that a sale "at "the hi 
 was equivalent to a sale " therein or on the premises thereof;". 
 that it sufficiently appeared the defendant was the proprietor 
 occupancy, or tenant or agen* in occupancy. Reg. v. Cnvamgk, 
 U. Cf C. P. 537. After a first conviction has been retmnedtol 
 Clerk of the Peace and filed, the Justices, if they think it defectii 
 may make out and file a more formal conviction. Wilmn v. Gai 
 5 U. C. Q. B. 227. See also Reg. v. Smith, 46 U. C. Q, B. 
 Rfig. v. McCarthy, 1 1 O. R. 657. The Court refused to gral 
 mandamus to compel two Justices of the Peeoe to issue execal 
 upon a conviction for selling spirituous liquors without a liwi 
 there being some doubt as to the sufficiency or legality of tl 
 viction. Reg. v. McConnell, 6 U. C. Q. B. 0. S. 629. The 
 refused to quash a conviction affirmed on appeal, on the 
 among others that the general verdict of guilty was inconsisi 
 with the answers of the jury to specific questions. Beij. v. ffraii 
 46 U. C. Q. B. 382. Where a conviction purporting to be mjdei 
 three .magistrates but signed by two only was returned vil 
 certiorari it was held that if an objection at all it was a 
 sending back the writ that the third might sign but not a jjrouiui 
 quashing the conviction. Reg. v. Young, 7 0. R. 88, 
 
 "^k4i,. 
 
tUAL. 
 
 [>.l02..^Bil04.] 
 
 AMENDING INFORMATIONS. 
 
 953 
 
 icient to allege the sale] 
 \i quantity, .'a) R S.O. 
 
 af enilant was in the habit o! 
 
 ise," without cliivrging an^ 
 
 nor place, is i)a(\. Hte ^ 
 
 'i,i(j. V. Yomij, o 0. 1!. 184a] 
 
 leUiny " a certain spirituoui 
 
 Vfu>mi>; 27 U. C. Q, U. m. 
 
 aou convicted "(Utl hy\) hij 
 
 luent and remain in the saif^ 
 
 [) U. C. Q. B. \52. It is fti 
 
 le, beer, and other spirituoi. 
 
 of whiskey, contrary t)lvw,' 
 
 lether the ofifence was for al 
 
 libited hovirs. lb. It u m 
 
 uor without license to mcntii 
 
 ntovok place, iif </, v. .Sfra-k, 
 
 it one G. 1'. of, &c., mnkeej-j 
 
 in<t, it. and at his tavern, Ja 
 
 iors are allowed to he sold 
 
 [aasof betr,&c., was held ^ 
 
 , not enou(;h to shew the M 
 
 a?ee, 23 U. C. C. P. m 
 
 ^t "a licensed hotel )km-f:* 
 
 ISunday, 2nd July, 1876, at ^ 
 
 i town, dispose of mt^.ml 
 
 not a certificate therefor, h 
 
 ■d that the defendant ww f 
 
 complaint of J. l\- t^« »' 
 
 1 before the undersigned, 
 
 2 the words in the uiformatu 
 
 tt the hotel was alicensed hoi 
 
 Lid; that a sale "at the)» 
 
 I on the premises thereof; i 
 
 defendant was the proprietor 
 
 cupancy. fie-), v. p.mn'.J 
 
 r-.pHon has been returned to 
 
 kHce" if they think it defect! 
 
 Miction.' H^i'-v.G. 
 
 f V. Smith, 46 U. C. Q. B^ 
 
 The Court refused to gran 
 
 e t-iift PeBoe to issue execut 
 
 "^limiors without a lic« 
 
 Young, 7 0. R. »»• i 
 
 103 The forma given in the schedules to this Act, or any ^pm' 
 frmstothe like effect, (b) shall be sufficient in the cases 
 ■? jjy respectively provided for, and where no forms are 
 cribed by the schedules n^-^w ones may be tramed accord- 
 • to those appended tc the Act of Canada entitled An Act " 
 
 S.C. c 178. 
 
 Hut. SUt. e. 
 
 lets amfin'iing the same respectively — such forms being 
 
 ide short and concise in tlie mode indicated in the 
 
 heiiules to this Act which shall serve as guides so far as 
 
 L particular case will allow. 11. S. O. 1877, c. 181, s. 75. 
 
 104. At any time before judgment, the Justice, Justices, Amending 
 ■ Police Ma^nstrate may amend or alter any information,'""""' 
 nd may subsoitute lor the offence charged therein any other 
 Beace a"aiist the provisions of this Act ; but if it appears 
 
 atthedeendant has bsen prejudiced by such amendment 
 l\ the said Justice, Jastioos or Police Magistrate shall 
 lereupon adjouru the hearing of the case to some future 
 liv unless the defendant waives such adjournment, (d) 41 
 
 ,i,14, s. 9. 
 
 m It is in general safer to follow the statutory form where applic- 
 le than to attempt to improve upon it by substituting a dififerent 
 In some cases, however, it is necessary to alter the form to 
 kg the description of the offence within the language of the 
 itute on wliicii it is grounded, for it is a rule that where a statute 
 J a form of conviction not fully describing the offence, the con- 
 hon nevertheless must fully describe it. Hee Nixon v. Nanney, 
 B, 747 ; see furtljer, Reg. v. Joma, 12 A. & E. 684 ; Reg. v. 
 itriif Kinifs Lynn, 3 D. & L. 725. See also R. S. O. c. 1, 
 , sub-s. 35. 
 
 It is the duty of a person summoned before justices, if he have 
 jobject'on to the form of the information, at once to state it, witl< 
 |eff, if necessary, to an amendment. See Crawford v. Beatlie, 3!) 
 . Q. B. 13, 29. Where a defendant appears and cross-examine.s 
 lesses on a charge over which the justice has jurisdiction, whether 
 slje au information or not for the charge, and whether re(inirc<1 
 sin writing or not, he thereby waives the information. Stoness 
 
 ic,40U. C. Q. B. 320, 327. Where, instead of doing so, ho 
 
 lupon the want of an information or defective information, and 
 lunthing to waive it, he is, subject to the power of amendmot. 
 Bed to the benefit of the objection. lb. There can be no reason 
 [the information, like an indictment, may not at any time before 
 
 nenthe amended, and this section in express lans;nage gives the 
 See Reg. v. Cavanagh, 27 U. C. C. P. 537, 'AO. 
 
 I The only answer which can be made to a proposed am«ndmeat 
 
 120 
 
 i I 
 
 tf:|, 
 
# 
 
 954 
 
 OonTiotion 
 ncit Toid for 
 corUtln 
 detcuU; 
 
 THK MUNICIPAL MANUAL. 
 
 [s. 105 
 
 m 
 
 May be 
 amended. 
 
 106— (1) No conviction or warrant enforcintf fu 
 -_' j: .._j__ i.i.-_ . 6 ^'>esaineo[j 
 
 il 
 
 in form or Hubstance, provided it can be underst'fvli f^ 
 8uch convifition. warrant, nrncesa nr r»i.r.«rv« ^• . ^^i 
 
 other process or proceeding under this Act bhall f* 
 insufficient or invalid by reason of any variance bet ' 
 information or conviction, or by reason of any oth ^^ '' 
 
 such conviction, warrant, process or prooecilinf? tK 
 same was made for an offence against some provisio ^{ 1 
 Act, within the jurisdiction of the Justice, Justices o Pr 
 Magistrate who made or signed the same, and i)rovi'l ri k 
 is ev''■^ act to prove Rucb offence, (e) and no a : vi . . 
 OT* |,.;,{u, I'TT ;nt is in,[)osed Tian is authorized bv fh'^' » 
 C, S. O. 1877, c. 181, s. 77 (1); 44 V. c. 27, ». 7. ^ 
 
 [V, Upon any api)lication to quash such conviction 
 wariant o ;>rcing the same, or other process or in ij 
 whether in appeal or upon habeas corpus or bv ■ 
 certiorari or otherwise, the Court or Judge to whid ' 
 appeal is made or to which such application lias beei 
 upon habeas corpus or by way of certiorari or otliern'' 
 .shull dispose of such appeal or application upon the n ' 
 notwithstanding any such variance or defect asifh' 
 iuul in all cases where it appears that the merits have 
 tried, and that the conviction, warrant, process or pioce i 
 is sufficient and valid under this section or otherwise * 
 conviction, warrant, process or proceeding shall beaifi' 
 or shall not be quashed (as the case may be), and sucliCa 
 or Judge may, in any case, amend the same if necessarv 
 
 is tbe prejudice to the defendant, but this is at most a merecla 
 tbe inilulgence of iiie court in tlie granting of an adjomnnieDti 
 the justice is satisfied that it is reasonable under the circunistj 
 
 (e) Tbe ohl rule was to the eflFect that evidence would od 
 alloweil to supply omissions in the statement of tlie cliarce '• fJ 
 . otfioo of evidence is to prove not to xni>piy a legal ohan'e! "' S 
 V. Wk>'atmuii, Doug. 34") ; Wilet v. t'oo/ier, li A. & H. 524; Cai 
 V. Maion, 12 A. & E. 6'29. Tliis rule is liere reversed. 
 
 (/) The powers of amendment are wide and ought, if possible I 
 exerciseil, AVj/. v. Lake, 7 P. R. 215, but tliere are cases in J 
 tbe exercise of them is impossible. Thus, where there was aj 
 joint conviction of two persons of having in their house of 1 
 entertainment unlawfully kept liquor for tlic purpose 01 de, I 
 and tradie therein without the license required, and adjuJi 
 their offence to pay a fine of §40 and costs, an ameudme 
 refused. Ra/. v. >StUton, 42 U. (). Q. B. 220. Armour, J., id 
 vering the judgment of the Court, at p. 227, said ; "I tliia 
 police magistrate, in making the conviction now before ■ 
 precisely what he intended to do — convicted the defeudantjil 
 
 a 
 
lNTJAL. 
 
 [b.\()5(1).Hli06.] 
 
 EVIDENCE. 
 
 955 
 
 int enforcing the same oil 
 this Act bhaU be lielA 
 
 any variance between th 
 sason of any other defei, 
 can be understood {rou 
 s or procec>ling tha. tL 
 Liist some \)rovision o{ tki 
 ) Justice, Justices or rolioj 
 le same, and provi'.led (hei 
 ^e) and no g" \v .i- piiiaitj 
 Ls avitliorized by this Aoj 
 44 V. c. 27, 8. 7. 
 
 quash suc\i conviction, _ 
 other process or |)Vocee(liji 
 iheaa corpus, or by way ] 
 tvt or Judge to which m 
 
 application has been m 
 ■ of certiorari or otherwij 
 
 application upon the mr\ 
 •iance or defect asal'ovesi 
 rs that the merits liave ' 
 warrant, process or pvoceei 
 [lis section or otiierwise, s 
 • proceeding slvall be affiiu 
 
 case may be), undsucliCd 
 
 nidthe sameif uecessarv.j 
 
 but this is at most a mere d 
 
 liianting ot au adjoutumeut 
 
 lasouablo uuder the cucumsl 
 
 ,ffect that evidence would nJ 
 3 statement of tlie charge, 'iJ 
 
 I'ooper, .i A. *- 1- J--t.^ar« 
 rule is here reversed. 
 
 Lre wide and ought, if possiHeJ 
 
 ■ oV) but thi;re are cases ml 
 
 |,ip" *Thu9, where there Wis a 
 
 1 of having in their houseoi f 
 
 liquor for the purpose otsak 
 
 ■ Ucense rc^iuired, and iA|ui 
 , S40 and eosts, an ameu n«J 
 \r (-» B 220. Armour,.)., 1* 
 lui-t at p. 227,Baid." thj 
 Tthc conviction now he ore 
 'lo-couvicted the defendant,^ 
 
 conviction, \tarrant, process or proceeding so 
 ■ "/or affirmed and amended, shall be enforced in the 
 '^""^ ner as convictions affirmed on appeal, and the costs 
 
 ill be recoverabi i as if originally awarded. R.S. O. 
 
 '31.8.77(2). 
 
 oeir 
 leret- 
 
 8",' 
 
 fiVli? NCE, ETC. 
 
 in in auy prosecution or proceeding under this Act, in ^j,^'^^*'""' 
 Vli proof is require(' rePj cting any license, a certificate""* 
 [| the hiiiiil of the inspector of the licenae district shall 
 [ a facie liroof of the existence of a licence, and of the 
 r^'towbow ihe same was granted or transferred; {g) 
 iTle production of such certificate shall be sufficient 
 /((Cie evidence of the ft 's therein stated and of the 
 vitv fii the in.-sr)ector, witli >ut any proof of his appoiut- 
 
 ' •\ ...... //.\ R si O 1S77 n Ifti a 7>< 
 
 hnid 
 Ithority 
 mt or sign 
 
 ature. (h) R. S. O. 1877, c. 181, s. 78. 
 
 , ,sed the penalty upon them jointly, and I think he was 
 
 rinonit ill doing either. Can we now amend by drur.'ing 
 
 Liarate informations, if that is, as I think it was, necessary ? 
 
 r mend by drawing up two separate convictions which 1 think 
 
 ^^"ecessary ? Can we divide the penalty and impose half upou 
 
 I lefendant, or can wo impose the whole penalty upon each ? Can 
 
 Lviile the costs and i.^iposo half on each, or can we impose 
 
 hole costs on each? if the latter, we would impose more costs 
 
 Lave been incurred ; if the former, we would impose less than 
 
 H have been incurred by separate convictions. Our powers of 
 
 Wment are extremely wide, as pointed out in Heff. v. Lake, 7 P. 
 
 I. jmi „e ought to amend if it is possible to do so, but I do not 
 
 Lhev are wide enough to enable ua to amend this conviction." 
 
 v„ah'a conviction was amended by Mr. Justice Wilson by 
 
 In' out the words "hard labour," a similar amendment was 
 
 tiUn lieg- v. Lawrence, 43 U. C. Q. B. 1G4, and Rerj. v. Black, lb. 
 
 i "It appears to me that the Legislature did not inteml to impose 
 
 Liiuii'e the duty, or to confer upon him the power to make any 
 
 ^iou in the sentencing part of a conviction." Per Osier, J., in 
 
 ■AVhen one is proceeded against for doing an act which he is not 
 Vel to do unless he h.as some special license in his favour, it is 
 B to prove the license. In re Bai-rett, 28 U. C. Q. B. 5.59. 
 
 fhe mode of proof authorized by this section, is a certificate 
 Le hand of the license inspector of the district. It is net 
 iimfade proof of the license but of the person to whom the 
 hs cranted, and of the facts therein stated, and of the au- 
 |ut the license inspector, and all this without any pntof of his 
 Wntor signature. A ce"*ificate not complying witli the 
 [ is the same as no certificate, and in such a case there must 
 [ of a hceuse. 
 
 ■•'In 1 '■ ■ ■. l» 
 
956 
 
 How uaoh 
 rtKulatlon 
 •utheiiticat- 
 •d, (to. 
 
 THE MUNICIPAL MANUAL. 
 
 PUeea in 
 
 which tlitt 
 i»le of 
 liquorB in 
 prMunied. 
 
 P i 
 
 107- Any resolution of the board of license coinmU. 
 passed under sections 4 and 5 of tins Ai;t, shall I)oh ffi'""^"" 
 authenticated by being signed by the chaii num of th .^T''' 
 which passed the same ; and a copy of uny ^^^^,^ ...V"*" 
 
 written or printed, and certitied to bo a true 
 
 *^"l'y l»v ;ia 
 
 HIKJ 
 
 pro 
 
 member of such board, sliall be deenuvl autlicriti • 
 received in eviilence in any Court of Justico witlm ♦' 
 of any such signature, unU-ss it is spcoiuHy iijcadclt .'ii 
 that the signature to any such oi'igiual resolution I *' 
 forged, (i) R. S. O. 1877, c. 181, s. 79. 
 
 108. Any house, shop, room, or other place in wjiid, 
 proved to exist a bar, counter, beer pumps, kt'i'x jar i' 
 tors, tujnbhMS, glasses, or any other appliances or 'ptfihant'l 
 similar to those usually found in tavcsnis and shops U 
 spirituous or fermented liquors are aofustnined to be » iHl 
 trniKcked in shall be deemed to be a place in whidi spirit 
 fermented, or other manufactured liquors are kpijtorli d 
 the purjiose of being sold, bartered, or traded in uikIp 
 tion 50 of this Act, unless the contrary is proved b ' 
 defendant in any prosecution ; (j) and the occu[mnt J 
 
 (i) The section deals with two things, an original resoIutiorM] 
 copy. The former is sufficiently authentieated by l)einL' signJ 
 the chairman of the board which })asstd thi; same not the chaii 
 of the board /'or the time bemy. The latter when uertitinl to L 
 true copy by any member of such board, is to be deenud ant J 
 and received in evidence witliout proof of the signature. TiJ 
 no declaration to the eflFect that a certified copy aliall be rectjv] 
 evidence in the place of the original, althougi- tliis was mi 
 intended. 
 
 (j) Where crime is charged the well-known rule is, tii,i| 
 accused is presumed to bo innocent until proved guilty ; andl 
 where guilt is sought to be inferred from circunistaucos, tlie ci| 
 stances must not only be consistent with guilt but iucuusistenl 
 innocence ; and this has in P]ngland been applied to cliarges i 
 
 Eersons for liaving violated some of the provisions nf tlie 
 license Acts. Thus where the evidence in support of an infoa, 
 against a beerhouse keeper for opening his shoii on .Sunday fd 
 sale of beer was, that a little after midnight on Saturday the o 
 the house was closed and all appeared quiet ; that a little afti 
 on the Sunday morning, pcrsous looking through the window) 
 man drinking with the publican in t)ie house, and that aftcrw/ 
 let the man out. The defendant was held entitled to an aea 
 inasmuch as it did not appear but that the man had been let i 
 house on the Saturday. Teimant v. Cumberland, I E, 41 
 But under this section the existence in a house of the usual 
 ances of a bar-room, is to be deemed evidence that spiritnoj 
 mented, or other manufactured liquors are kept or bad 
 purpose of sale so as to throw upon the accused the obbgi 
 proving the contrary. See also sec. 111. 
 
 1*! 
 
UNUAIi. 
 
 BVIDENOE. 
 
 957 
 
 { of license commLssion«iT. 
 18 Act, s\mU \)0 Hufficieiiil] 
 the chairman of the \mi 
 »y oi any such resoluinj 
 ,o 1)1! a true cojiy U ;m 
 dcemtMl auUicnlic, mid 
 , ot .Justice wiUioul m 
 
 specially plcadeil or ; lien 
 viginal resolution l\i\ii. \i« 
 
 or t)llier ])laco iu wliicli 
 oer pvunps, kt-gs, jars, dw 
 ler ap\)li!viicfH nr piejiaratiJ 
 in taverns atid sliops wW 
 are aooustnn^ed to be soldi 
 1)0 a place in whicli spirituJ 
 rod liquors are kei>torliad| 
 BveAl, or trailed in, under j 
 e coutvavy is proved by I 
 
 ( j) and the occuiiant of 
 
 ijiiica, an original resolutioP' 
 uthenticatea by being aigneJ 
 
 MSHtd tliK same lu.t the d:iJ 
 \xo latter wbeu certititd lo 1 
 l,oard,i8tobeclecnu<lautJ 
 proof of the aignatufe. Ihd 
 certifiea copy ^biill be recuvl 
 riual, althougr this was prof 
 
 the well-known rule is, thai 
 tt nntil proved gmlty; an 
 Lnl from circumstauces, the cd 
 Lt with guilt butiucoimsteni 
 
 t" of the provisions ..f the 
 
 CL\ a house (.f tbe usd 
 ':;U evidence tbatspmM 
 
 A liauora are kept or m] 
 [^upon the accused the obb^ 
 I sec. Ill- 
 
 hop loom or other place sliall bo taken conclusively J^J^J""'*""" 
 "°u ♦( H ner«on who has, or keeps therein, sucli liquors for o(<;«p«nt. 
 1 hart'r. or traffic theiein. (k) II. S. O. 1877, c. 181, s. 80. 
 
 Ill iiroving tlio sale or disposal, gratuitousor otherwise, JJ.'i^V"'*.*' 
 ijptjon of liquor for the purpose of any proceeding m iiqurr. 
 'r • to ituy oll^*"'^^' under this Act, it shall not he neces- 
 to slii'W that any money actually passed, or any liquor 
 ' tuiilly consunieil, if tlio Justices, Police Magistrate, or 
 'hearing tlie case is or are satisfied that a transaction 
 iV nature of a sale or other disposal actually took place, 
 Itbat ai'Y consumption ol" liquor was about to take place ; (l) 
 I root of consumption or intended consumption of liquor 
 I ^„,ii.eg under license or in respect to which a license is 
 >d under this Act, by some person other than the 
 ier of said premises, shall be evidence that such liquor 
 ■ to the person consuming or being about to consume 
 arrving away the same, us against the holder of the 
 «,e or the occupant of the said premises, (m) R. S. O. 
 ^,c.l81, s. 81. 
 
 m III cities, towns, and incori)orated villages in all cases ^'j|^'^'^|^^'^ 
 > was or other light is seen burning in the bar-room of rvtaenceof 
 Itareni or :jaloon where liquor is trufficked in, at any ' 
 Uuriug which the sale or other disposal of liquors is pro- 
 Ibv any jirovision of this Act, (n) any such fact when 
 
 Bate 
 
 I The presumption mentioned in the preceding part of the section 
 
 lebuttable one. The charge is to be inferred "unless the con- 
 
 lij proved by the defendant. " But the presumption in this 
 
 {the section, is made conclusive. The occupant is to be taken 
 
 iiiiWy to be the person who has or keeps therein such liquors 
 
 k,4c. 
 
 ffhere may be a sale although no money passed from the buyer 
 iparchaser, If the Justice is satisfied upon the evidence that 
 Lction in the nature of a sale actually took place, he may con- 
 no if satisfied that there was any disposal or that the con- 
 lon of liquor was about to take place. 
 
 froof of the consumption or intended consumption of liquor is 
 'fidence, but not conclusive evidence that the liquor was sold 
 Krson consuming or being about to consume it. 
 
 ibylaw providing that a bar-room should bo closed and nn- 
 1 except hy members of the keepers family or his employees, 
 lid have no light therein except the natural light of day, 
 he time prohibited by the by-law for the sale of liquor, was 
 Ibe illegal Reg v. Belmont, 35 U. C. Q. B. 298. As to what 
 ' lendeDce of sa^e during prohibited hours. See Finch v 
 
 I. ■> ■ '■ ■" 
 
 I 
 
 
 M 
 
 fj 'in 
 
 !1 
 
 ; 
 
 .♦l I, 
 
 h 
 
 ' *'Wm 
 
 
 ii.tv 
 
 
9S8 
 
 THE MUNICIPAL MANUAL. 
 
 [M1( 
 
 sectifl 
 
 What ahAll 
 be deamad 
 
 unlawful 
 aala 
 
 >Q 
 
 Liabllitj of 
 oeaupant*. 
 
 proved, shall be deemed and taken as prima AnV i 
 that a sale or other disposal of liquor by the keen t^ 
 tavern or other place has taken place contrary to th " " 
 sions of sub-section 1 of section 54, (o) and such ke * '"^ 
 thereupon be convicted of an offence against Naifi 
 and shall, upon such conviction, be subject to thp 
 ment prescribed by sections 85 and 86 of tliis Ant /'""" 
 V. 0. 39, 8. 10. " '^' 
 
 badaamad , 111. The fact of any person, not being ft UcenaH p., 
 fTidtneaof keeping up any sign, writing, painting, or other mmk ' 
 ""'"*"' near to his house or ]>renuses, or having such house titi i 
 with a bar or other place containing bottles or casks d* i 
 so >is to induce a reasonable belief that siicli h ' ^^ 
 premises is or are licensed for the sale of anv limm. ^^ 
 liquor 18 sold or served therein, or that there is o 
 ])reniises more liquor than is reasonaljjy rerniiied f 
 persons residing therein, shall be deemed primu/ncieeZ 
 of the unlawful sale of liquor by suuii person V 
 U, 8. 33. 
 
 112— (1) The occupant (7) <><* any house, shop, roon 
 other place in which any sale, barter or trallic 01 snirita 
 fermented or manufactured liquors, or any inattei' J 
 thing in contravention of any of the provisions of tiiiJ 
 has taken place, shall be personally lial)le to the hmhi 
 punisliments prescribed in sections 70 and 7] of tlii. 4i 
 the case may be, notwithstanding such sah\ Ijartmoiti 
 be made by .some other person, who cannot lie mvi 
 have so acted under or by the dirociiou.s of siir!i oecui 
 (r) and proof of the fact of such sale, barter or trai 
 
 mimdcH, n L. T. N. S. 672; Smith v. Vaux, 6 L T N S^ 
 V. Cumberland, 1 E. & R 401. " " ' 
 
 (0) Sec notes y and k to ace. 108. 
 
 (p) See sec. 54 and notes thereto. 
 
 (q) When the husband, the occupant of tlie house iu vrhi 
 8.'\le took place, was in gaol, it was held thiit liis wife might I 
 victed of soiling liquor without a license. 7to/. v. iri//w//n \ 
 Q. B. 462. See also Rcij. v. Howard, 45 U. U. Q. R 346;' 
 
 (r) The occupant of a shop is criminally liable for any iinlaJ 
 done therein in his absen;;e, by clerk or assistant, as forexam 
 sale of liquor without a license by a female attendant. Rw 
 2O U. C. C. P. 246 ; see further, Retj. v. Camphell, 8 P, H, j 
 tin v. Davis, 7 A. R. 478, overruling Htiyill v. Mmikld, 1 
 C. P. 269. 
 
 W^_ 
 
MANUAL. [t lyj 
 
 ten as prima fade «Yi,\„ 
 quor by the keeper of sg 
 place contrary to the pr 
 U, (o) ftn(\ Huch keeper i 
 iffenco agaiiiHt mvid sectifl 
 I, be subject to the pnni 
 and 86 of this Act. (p) 
 
 not being a licenwd pen 
 )ainting, or other mark, inj 
 ir having such liouse littedj 
 ling bottles or casks dispW 
 
 be\i(^f tluvt 8\»c\) house J 
 the sale of any liquor, or | 
 jin, or that there is on 
 
 reasonably required fori 
 [)e deenieil prima fnck evid^ 
 )r by HUch person. ■IT 
 
 j) of any lionse, shop, rooa 
 , l)arter or tnitVic ot spirid 
 [liquors, or any mutter, nd 
 ir of the provisioiis of this 
 tonally liable to tlie iienaltJ 
 ictions 70 and 71 of this. V 
 j(lin<' such sale, l)artororl 
 fson, who cannot ho prnv^ 
 ,ie diroclioi'.s of sui !i oocu 
 f svich sale, barter or trai 
 
 Uv. rau..;.6L.T.X.S.W;; 
 
 Ire to. 
 
 pccupant of the house iu whl 
 Iwas held that his wife nughti 
 
 Uarci, 45 U.C.Q.B.m; 
 
 , criminally hahle for any unlMJ 
 
 clerk or assistant, aa for ewiii« 
 
 jbyafenialeattemant %^ 
 
 fcuUng Hu'jill V. Mmm^ 
 
 I 114(1).] BTIDENOt. 909 
 
 I her act, matter or thing, by any [leraon in the employ of 
 r L ^cupdiit, or who is suffered to be or remain in or upon 
 
 r nreniise" of s"®^ occu|>aut, or to act in any way for such 
 * Lnt, shall be conchisive evidence that such sale, barter 
 
 *^trtlfic,' 0'" oth*"" *<'^' raat**'' or thing, took place with the 
 
 * liority i»i»'l ^y t*'® direction of such occupant. (») R. 8. O. 
 
 Jjl.c. ISl, H. 83. 
 
 .)v fiiQ person actually selling, or otherwise contravening Parion 
 'of the provisions of this Act, as in this section mentioned wiu'w'' 
 ■for the pur|toses hereof styled "the actual ofTender," ''ooo"P»«U" 
 hether acting on behalf of himself or of another or others, 
 I jiip actual ofTender, as well as the occupant, shall be 
 r^nally li"'''6 ^'* ^'*® penalties and punishments prescribed 
 sections 70 and 71 of this Act, and at the pro.secu tor's 
 iiion the actual offender may be prosecuted jointly with, 
 •eiKtrntely from, the occupant, but both of them shall not 
 oDvicted of the same offence, and the conviction of on<! 
 tbem shall be a bar to the conviction of the other of them 
 ,^refo,^ 44 V. c. 27, s. 8. 
 
 I HO 111 any j)rosecution under this Act for the sale or in prosecu- 
 Lpiisposal of liquor without the license rc(|uired by law, w?tho!u '"'* 
 lull not he necessary that anv witness should doposo """"'i' 
 P(tlv to the precise aescrii)tion ot the liquor sold or bar- sumptiniH 
 p(l or tlie precise consideration therefor, or to the fact of J"™^"'" 
 > sale or other disposal having taken place with his i)arti-'i*'r''nd;inton 
 Ihtioii or to li is own personal and certain kno\vled;,'«% but ,u,'^i''con"i;ct 
 flimticpsor Police Mai»istrate tryinij the case, so sooii'l'™'" , 
 JitJimcus to them or him tiiat the circnmstancos in rebuttal. 
 Ijlenee sufficiently establish the infraction of lav/ oom- 
 liiied of, shall put the defendant on his defouco, and in 
 lilt of his rebuttal of such eviilence, shall convict him 
 »rdiugly. (() K. S. 0. 1877, c. 181, s. 84. 
 
 lU— (I) I'^ '^''•y prosecution under this Act, whenever it I'roof of 
 
 I It may be that the sale &c., took place in spite of and contrary 
 ie iii'cupaiit'a command, and yet proof of the fact of the sale by 
 Ipers'iiin his employ or actini' for him is, is imder this section, 
 iiomchi-ilre evidence that tht do was by his authority. See Jtetj. 
 mpMl, 8 P. R. 5.5; Sfafe. v. Wuhuorlh, 65 Maine 2;}4; Brnnti- 
 |v. IFAi/*, 73 111. 561 ; /Teer/y v. Howe, 72 111. i:^3; Feantz v. 
 im, lb. 540 ; see further, note j ' o sec. 108. By sub- 8. 2 of this 
 ion the actual oflfender may be prosecuted as well as the occupant 
 Rhe conviction of one is a bar to the conviction of the other. 
 
 See note J to aec. 108. 
 
 ii 
 
 r 
 
 I 
 
 I' 
 
 ' » 
 
 
 , 4; * 
 
 !■ ; J 
 
 , i 
 
 I :- 
 
 :« 
 
 ilj !tl!"lll:!l 
 
; ♦»™, 
 
 9G0 
 
 TDK MUNICIPAL MANUAL. 
 
 limnied to 
 re"*! on the 
 dc'indsnt. 
 
 [s- 114(1). 
 
 appears that the defendant has done any act or been i 
 of any omission in respect of which, were he not^l i^ 
 licensed, he would be liable to some penalty under th" \ I 
 it shall be incumbent upon the defendant to prove th' ' 
 is duly licensed, and that he did the said act luwi ^ 
 
 Kridence of 
 licente. 
 
 'Vfully. (,i^ 
 
 (2) The production of a license which on its fn 
 
 I 
 
 Witnesses 
 •ummoned 
 and not 
 appearing, 
 may be 
 btaugbt up 
 by warrant. 
 
 to bo duly issued, and which, were it duly issuod, would be** 
 lawful authority to the defendant for such act oi- omi <" *1 
 shall be pi'ima facie' evidence that the deftnidant i, '^!' 1 
 entitled, and in all cases the signature to and upon a^**| 
 instrument purporting to be a valid license shall prima faHi 
 be taken to be genuine, {v) R. S. O. 1877 c. 181 a S" f 
 
 Witnesses. 
 
 115. In any prosecution under this Act the Justicftl 
 Justices, or Police Magistrate trying the case may summoal 
 liny person represented to him or them as u uiaterial witnea 
 in relation thereto ; {w) and if such person refuses or iie<T|ecti 
 to attend pursuant to such summons, the Justice Justica 
 or Police Magistrate may issue his or their warrant for th 
 arrest of huch ])erson ; (x) and he shall thereupon be hrou"li 
 before the Justice, Justices, or Police Magistrate, and IHi 
 »efuses to be sworn or to affirm, or to answer any questio 
 touching the case, he may be committed to the counnou gai 
 of the county, there to remain until he consents to be swon 
 or to affirm and to answer, (y) R. S. 0. 1877, c. 181 s. 86. 
 
 (m) As it rests on the defendant to prove that he was licenced I 
 in no objection to a conviction that it tlid not shew that the defa 
 daut was not licensed. Reg. v. Yowig, 7 0. R. 88. 
 
 (y) A certificate under the hand of the liceusu iuspeetor cif tl 
 tlistrict is, under sec. J06 made sufiicieut prima facia proof of t 
 existence of a, license in any prosecution or proceeding. 
 
 (w) The informer is a competent witness, lifg. v. StmcJiaii, 20 1 
 0. C. P. 18'2, but not the defendant, where the diM<;a is prcfem 
 under sec. 54 of this Act. Reg. v. Roddy, 41 U. C. Q. ii. Jill 
 
 (x) There is no power to issue the warrant in tl.o llrst Instanej 
 The propose«l witness must first be summoned. If, having b«j 
 summoned, he refuses or neglects to attend pursuant to theaummo^ 
 the Justice, &c. may issue his warrr.ut, &c. 
 
 iy) The committal should be ' ' until he consents to he sworn od 
 afl5rm or answer," and not in the ordinary form, " until iliwhari 
 by the course of law." See /n re John Andrrson, 11 U. C. C. P. i 
 
 m 
 
 m:' 
 
-fffVfl 
 
 fAL. [8. 114 (I).™ 1 117 (3).] 
 
 I the Ucensu inspector of th 
 
 lent prima Jack proof of " 
 
 or proceeding. 
 
 Inosa, li'-O- V- .SVmc'"i"-20l 
 
 >hero the charge is prefer 
 
 dy, 41 U. C. Q. r. -iyi- 
 
 varrant in the first inatand 
 ,'Bummoned. If, having M 
 [tend pursuant to tliesurainoi 
 
 he consents to he sworn oj 
 
 Ixury form, ;;untaa.cH 
 
 INSPECTORS EXPENSES. 
 
 961 
 
 HA Anv person summoned as u party to, or as a witness P/jwiuction 
 nany proceeding imaer this Act, may, by the summons, be may be 
 fffluired to produce, at tbe time and place appointed for his '"^'*'"**- 
 tiendance, all V)ooks and papers, accounts, deeds, and other 
 Jocnnients in liis possession, custody, or control, relating to • 
 I uv matter connected with the said proceeding, saving all 
 ijst exceptions to such production; (^■) and shall be liable 
 
 tlie same penalties for non-production of such books, 
 
 I Mpers or documents, as lie would incur by refusal or neglect 
 
 toatteiul, pursuant to such summons, or to be sworn or to 
 
 iQSwerany question touching the oase. (k) R. S. O. 1877, 
 
 ,181, s. 87. 
 
 ! InipKctor's 
 
 , fX|M>n!>BH to 
 
 ' bo UllO\T«!(l 
 
 27,28 V.C.18; 
 H.8.0. p. 100. 
 
 117— {^) ^" ""'^ prosecution under this Act, or Tfie 
 {pmxrance Act of 1864, or the second part of The Canada __ 
 lr,„|M«m»(;e Act, if the inspector attends the Court as prose- foratt. nding 
 Iffltor or witness and travels to attend such Court a distance 
 Mmore tlian three miles from his place of residence, it shall 
 L lawful for the Justice or Justices trying the case to tax 
 nst tbe defendant, in cases of conviction, as costs in the 
 Biise to cover railway fare or hire of con\'eyiiiice of the 
 otor in attending the said prosecution as follows : 
 
 1, In civse he travels by railway or stage the fares actually 
 iquired to be paid by hira ; 
 
 3, If by a hired conveyance, the sums actually required to 
 aid for a horse, conveyance, and tolls ; 
 
 3. If in his own conveyance, ten cents per mile one way ; 
 
 U. And to cover all other expenses .$1 per day ; 
 
 5, In case of adjournment at the instance of the defendant, 
 iiilai additional allowances to be made, when the inspector 
 
 JKtuftlly in attendance. 
 
 jjl!) The mileage or other expenses shall be verified by the Expenses 
 1 of the inspector. olitlf'^ ''^ 
 
 1(3) The inspector shall make quarterly returns in detail inspector to 
 liw oath to the department of the Provincial Secretary, °',*^"„|y 
 
 returns. 
 
 Hiiilwey or 
 stage fare 
 
 Hired 
 cnnveyanfft'. 
 
 llii own 
 conTeyance. 
 
 Other 
 oxpouseH. 
 
 Ailjourn- 
 nicntR. 
 
 IJ) The summons, in order to be effective, must of course on the 
 I olilretiuire the production of l>ooks, papers, accounts, deeds, 
 |other doeumeuts in the possession, custody, or control of the 
 
 ilSeesec. 116 and uotei. 
 121 
 
 \m 
 
 
 m\ 
 
 
 ■ I 
 
 '■ : 16 
 
 '! I' 
 
 lM.i 
 
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 1 
 
962 
 
 THE MUNICIPAL MANUAL. 
 
 
 ['•117(3)J 
 
 of all sums received by him for mileage, and other 
 
 in this section provided for. 47 V. c. 34, s. 20. *^" 
 
 APPEALS. 
 
 Convi 'tion 
 
 of jUStiCHl' 
 
 floHl exwpt 
 an othurwiKH 
 proTidtfd. 
 
 118 
 
 ex 
 or 
 
 Proceiiure 
 on appeals. 
 
 Appellant to 
 enter iiit<> ii 
 reco)fiiizaiiue 
 or deposit 
 amount of 
 penalty anil 
 
 COHtS. 
 
 ii'l. . 
 
 (1) In all cases of prosecution for any off 
 against any provisions of this Act for which any penah 
 punishment is prescribed, a conviction or order of th 
 Justices or Police Magistrate, as the case may be ex ^ ** 
 hereinafter mentioned, shall be final and conclusiv-'*^'^ ' 
 :cept as hereinafter mentioned, against such convict' * 
 der there shall be no appeal. (I) ^°'^' 
 
 (2) An appeal shall lie from a conviction to the Jurf,, 
 the County Court of the county in which the convict^'* 
 made, sitting in chambers, without a jury, hi) provil 
 notice of such appeal is given to the prosecutor or 
 plainant within five days after the date of the said convicti 
 (it) subject to the following provisions. 
 
 (3) The person convicted, in case he is in custodv 
 eitlier remain in custody until the hearing of such ai)n 
 before the said Judge, or (where the penalty of inihrij 
 nient with or without hard labour is adjudged) shall 
 into a recoguiziince with two sufficient sureties, in the 
 of S200 each, before the couvicting Justices or PqI 
 Magistrate, conditioned personally to appear before tlipi 
 Judge, and to try such ap[)ea! and abide liis judijnienttH 
 upon, and to |»ay such costs as he may order, and in casal 
 appeal is against a conviction whereby only a penajh 
 sum of money is adjudged to be paid, tlie appelliiiit 
 (although the order (lirects imprisonment in default of 
 meut) instead of retnaining in custody as aforesaid "ivej 
 recognizance as aforesaid, or may deposit, with tliej 
 Justices or Police Magistrate convicting, the amount oj 
 ])enalty and costs, and a further sum of $25 to answei 
 respondent's cost of appeal, (o) 
 
 (0 This applies to convictions for selliiiy spirituous or fera 
 liquors without a license. See licij. v. Finniii, 33 U. C, Q. R| 
 
 (;n) When there is jurisdiction to entertain the appcil, nioieii 
 larity in the mode of procedure, is not a ground for piohibitiJ 
 example the calling of a jury when tlie appeal should be hear^ 
 ovH a jury. See In re Brown and Walldce, 6 P. U. 1. 
 
 (w) The giving of notice as directed is a coinlitioii preoeJi 
 the hearing of the appeal. See Reg. v. Jmlkti of Chi-ili 
 A. 4 E. 139. 
 
 (o) See sec. 120. 
 
rxL. [s.U7(3)^|iIi9-] 
 
 APPBALa TO THE COURT OF APPEAL. 
 
 963^; 
 
 ge, and otW expen 
 3. 34, s. 20. 
 
 jution for any offea, 
 or which any penalty i 
 ion ov order of tbe sa, 
 le case may be, except i 
 nal and conclusive, m 
 'ainst such conviction! 
 
 ionviction to the Jud^e 
 1 which ti\e conviction | 
 ut a jury, {m) provide. 
 o the prosecutor or co 
 3 date of the said convictil 
 isions. 
 
 .jjse he is in custody, sli 
 ■he hearing of such app, 
 B tiie penalty of impnsi 
 ur is adjvAdged) sliall eii 
 rticiet\t sureties, in the i 
 ivictiug Justices ov P(| 
 Uy to appear before tk I 
 ud abide his judsmeuttl^ 
 ,^e may order, and \\\ casa 
 whereby only a penalti 
 be paid, the uppellaut j 
 ,vi.soiimeut in default of i 
 ■ustodv as aforesaid, ftivel 
 w.yy de\)Osit, with tliel 
 ■onvicting, the amount ol 
 ■,v sum of $-25 to answej 
 
 |„r selling «1>»J;\7VV B I 
 
 I Wallace, 6 P. l^- !• 
 
 1 i. 1 U a condition preoell 
 
 ({) tTpon snch recognizance being given or deposit made, JjjJiJJJt*** 
 the gaid Justices or Police Magistrate shall liberate such depoiitiona 
 «r8on, if in custody, and shall forth>7ith deliver or transmit cinnly °' 
 i ureiristered letter post-paid, the depositions and papers in Court. 
 I ; g^e^ with the recognizance or deposit, as the case may 
 k to the clerk of the County Court of the county wherein 
 I sich conviction was had. (p) 
 
 (5) The appellant shall pay to the clerk of the County cierk'i fees. 
 Irourt for his attendance and services in connection with 
 
 nch appeal, the sum of $1, and the same may be taxed as 
 IsBtsUi the cause. 
 
 (6) The practice and procedure upon such appeal, and all i'-*'^^**',''' 
 L proceedings thereon, shall thenceforth be governed by ' 
 
 \fk Act respecting the Procedure on Appeals to the Judge of 
 Vngiiiity Court frmn Summari/ Convictions, so far as the 
 lie is not inconsistent with this Act. (q) 47 V. c. 34, 
 
 119. An appeal by the inspector, or other prosecutor, shall ^^^f Y* 
 
 eto the Court of Appeal from the decision, judgment, or Appeal. 
 
 jerofany Judge of a County Court upon an ap])eal from 
 
 uv conviction or order made in a case arising out of or under 
 
 lis Act in which a conviction or order has been quaslied, 
 
 rset aside, upon the ground, directly or indirectly, of the 
 
 [validity of any Act or Acts of the Legislature of this Pro- 
 
 Lce or of any jiart thereof, or from the decision, judgment, 
 
 rorder of the Judge of a County Court in any other case 
 
 iiniT out of or under this Act in which the Attorney- 
 
 leneral of the Province shall certify that he is of opinion 
 
 dt the matters in dispute are of sutficient importance to 
 
 stifv iui appeal ; such appeal shall be had upon notice 
 
 breof to he given to the opposite party of the intention to 
 
 leal within eight days, or where the certificate of the 
 
 ornev-General is necessary (»•) and is obtained, within 
 
 «n di-ys after such judgment, decision or order shall have 
 
 I made, and, in the case of such ajjpeal, the clerk of the 
 
 jnuty Court shall certify the judgment, conviction, orders 
 
 I It is presumed that performance of the duties imposed by thi.s 
 jloftlie section, could, if necessary be enforced by mav.damus. 
 
 Wiitn the appellant relies upon an objection on the evidence 
 Inised l)efore the convicting .Justices efifect will not be given to it. 
 iPurii.^ V. HiutabU, 1 E. & E. 780. 
 
 I See sec. 121. 
 
 
 1 
 
 
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 W' ' 
 
 ^^^^^^^^mm*. 
 
 
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 ft 
 
 
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^64 
 
 THE MUNICIPAL MANUAL. 
 
 [«• 119, 
 
 and all other proceedings to the registrar of the Co rt 
 Appeal, Toronto, for use upon the appeal. The said r "'^ 
 shall thereupon hear and determine the said appeal and T? 
 make such order for can 
 Court as the Court shall 
 
 ^„. .^ 'ri'^«»', and shall 
 
 carrying into effect the judgment of T 
 hall think fit. 47 V. c. 34% lo"'* 
 
 ^4, s. 19. 
 
 »p?ear'fro,n . 120- On an appeal to the County Judge or Geneial Se 
 noDTiction. from a conviction or order under this Act or under n 
 
 R^BA^tiw. 'I'cmperance Act of ISb'i, or T/ie Canada Temperance A 
 when costs are directed to be paid by either party uotrrest 
 costs shall be taxabl*» by or against either party as btw ' 
 party and party than the sum of $10, and the actual 5l 
 uecessarv disbursements in procuring the attendance n 
 witnesses and the fees to which the clerk of the peace sh*!! 
 be lawfully entitled ; the fees chargeable by the clerk of tli 
 peace upon any appeal under this Act shall not excoed th I 
 
 sum of $2. 
 33, s. 6. 
 
 41 V^c. 14, s. 8; 44 V. c. 27, s. 12; soy 
 
 JfliS 
 
 fficd in . 121. An appeal to the Court of Appeal shall lie from anyi 
 certain o««e8. judgment or decision of the High Court or a Judf'e thnJr 
 upon any application to quash r. conviction made under thiil 
 Act, or to discharge a prisoner who is held in custody under! 
 any such conviction, whether such conviction is quashed or! 
 the prisoner discharged, or the application is refused ■ M 
 tio such apjieal shall lie from the judgment of a single Jui]™ 
 or from the judgment of the Court, if the Court is unamtnouJ 
 unless in either case the Attorney-General foi Ontario 
 certify that he is of opinion that the point in dispute is ( 
 sufficient importance to justify the case being a])i)ealed ; mi 
 such certificate being produced to the clerk of the Court ii 
 which the judgment or decision proposed to be appealed frod 
 has been given, the said clerk shall certify, under thesealj 
 the Court, the proceedings returned to or had before or in t 
 said Court, unto the Court of Appeal, and the said Com 
 shall thereupon hear and determine the said appeal, withoJ 
 any formal pleadings, and shall give such order for cariT 
 into efl'ect the judgment of the said Court as the circumstana 
 of the case may require. 44 V. c. 27, s. 17. 
 
 CIVIL REMEDIES AGAINST TAVERN KEEPERS, ETC. 
 
 Uabiiitj of 122. Where in any inn, tavern, or other house orplj 
 orparsona of public entertainment wherein refreshments are 8old,or| 
 ■'fii^oj etc ^^y plftce wherein intoxicating liquor of any kind is 
 
 .ajfetj.| 
 
lUAL. 
 
 l"- 119, 
 
 pBtrar of the Court of 
 )peal. The said Court 
 ,be said appeal, and shall 
 feet the judgment of the 
 47 V. c. 34, s. 19. 
 
 Cudge or General Sessions 
 this Act or under Tk 
 Janada Temperance ic(, 
 )y either party, no greater 
 , either party as between 
 $10, and the actual 
 living the attendance oil 
 e clerk of the peace shall ] 
 •geable by the clerk of 1 
 Act shall not exceed 
 t V. c. 27, s. 12; 50V,c.| 
 
 if Appeal shall lie from any] 
 
 I Court or a Judge thereof,] 
 
 conviction made under thiil 
 
 rho is held in custody undwl 
 
 ;h conviction is quashed orl 
 
 application is refused ;W 
 
 judgment of a single J wlge] 
 
 t if the Court is unanimoiir 
 
 w-General foi Ontario shi 
 
 the point in dispute is i 
 
 le case being appealed ; uH 
 
 ;o the clerk of the Court, i 
 
 propo jed to be appealed irod 
 
 lall certify, under the seal ol 
 
 ined to or had before or in tl 
 
 [Appeal, and the said Co<u 
 
 ine the said appeal, wiM 
 
 give such order for canyiiif 
 
 [id Court as the circumstaiid 
 
 c. 27, 8. 17. 
 
 [tavern KEEPERS, ETC. 
 
 Ln,or other house or pi. 
 Tn refreshments are sold, orl 
 
 [liquor of any kind w -^ 
 
 122 1 CIVIL REMEDIES AGAINST TAVERN KEEPERS. 
 
 whether legally or illegally, any person has drunk to excess whoj,'- 
 f ntoxicating lupior ot any kind, therein lurnished to him, p 
 J urliJIfi in ft state of intoxication from such drinking has ^', 
 
 965< 
 
 g,id while m . . . , . -^ 
 
 me to his death by suicide, or drowning, or perishing from 
 
 "^id or other accident caused by such intoxication, (s) the 
 
 f^ ,, ^)f such inn, tavern, or other house or place of public 
 
 tertainnient, or wherein refreshments are sold, or of 
 
 '^' h place wherein intoxicating licpior is sold, and also 
 
 " V tttlier person or persons who for him or in his employ 
 
 Tlivered to such person the liquor whereby such intoxication 
 
 8 caused, shall be jointly and sevorally liable to an action 
 
 for personal wrong, (if brought within three months there- 
 
 fter but not otherwise) (t) by the legal reprt^sentatives of 
 
 . deceased per.son ; and such legal rejjresentativea may 
 
 Irin" either a joint and several action again.st them or a 
 
 separate action iigainst either or any of tliem, and by such 
 
 Mtion or actions, may recover such sum not less than $100 
 
 lorniore $1000, in the aggregtito, of any such actions, as 
 
 nav therein be assessed by the Court or jurv as damages. 
 
 a")R.S.O. 1877,0.181, s. 88. 
 
 rsons who 
 come 
 intoxicated. 
 
 U\ Where deceased, being intoxicated, fell off a bench in the bar- 
 
 m and was pliiced upon the floor in a small room adjoining, with 
 
 lothin^ under his head, and while there died from apojjlexy or con- 
 
 -staof the brain, brought on, as the plaintiff alleged, Vjy placing 
 
 Li in .in improper position when intoxicated, it was held that the 
 
 Lath tlid iwt ^^^^^ *^™'" " •''•'^cident caused ])y the intoxication." 
 
 Cthinthe meaning of sec. 40 of 27 & '28 Vict. c. IS, from which 
 
 L section is taken, liohier v. Clay, 27 U. C. Q. B. 4.S8. Hagarty, 
 
 liinlehvering judgment, said, at p. 443 : " If the deceased, having 
 
 wioiislv bepn drinking to excess, took in this tavern a tumbler of 
 
 umly and lirauk it off at a draught, and thereby protluced an imme- 
 
 lite apoplectic seizure or asphyxia and fell back insensible, and died 
 
 lonce or in a few hours, could we hold that to be death from 
 
 icident caused by intoxication? Wo think not." The learned 
 
 Wife, in another part of the same judgment, at p. 442, said : " Had 
 
 It sbitute declared that if any person shall die from excessive 
 
 nkiiig, tlie person furnishing the liquor so drank shall be respon- 
 
 lle in this iiction, the case would be wholly different. " See further 
 
 ic/iv. Heilimn, 53 Ind. 517 ; Collier v. Early, 54 ind. 559. 
 
 if) No additional time is apparently given to a legal representative 
 jbring the action, owing to the death of the intestate, more than 
 |ee months after the happening of the accident. See Turwr v. 
 tntml, 13 U. 0. C. P. 109. The statute begins to run from the 
 urrence of the accident, not from the death. Miller v. North 
 Wicksburgh, 25 U. C. Q. B. 31. 
 
 Proof of pecuniary damage does not appear to be necessary for 
 im^ntenance of the action. It appears to be in the discretion of 
 
 ?. 
 
 i. 
 
 
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'966 
 
 THE MUNICIPAL MANUAL. 
 
 
 4 
 
 'iija 
 
 m 
 f.^. 
 
 -►- " . :* .; !■■■ 'J 
 
 [>• 123. 
 
 Pen oil! who 
 furnish thn 
 
 RESTRICTION ON BALE TO INEBRIATES. 
 
 123. If a person in a state of intoxication assault 
 
 Wquoriiabie peison, or injures any property, the person who fur u' 
 S'c^t"'d »"™ >::ith the liquor which occasioned his intoxicaS!.^ 
 
 intoxiMted. violation of law,— shall be jointly and severally liable to th I 
 
 ox 
 
 lis 
 
 against the person intoxicated and the person or neiisn ■ 
 
 .same action by the party injured as the person into " 
 may be liable to j (v) and such party injured, or Ius'l!!!] 
 representatives, may bring either a joint and several 
 against the pei 
 furnished such 
 
 •'is legal] 
 action] 
 
 by a penon such furnishing was in violation of this Act or n^i.. 
 thereby ..:..!„.:„„ „f i„° „u„ii i.. :„:„*!. i _...',. ?*"ei' Wise in 
 
 I 
 
 I 
 
 i 
 
 lished such liquor, or a separate action against plf'^** 
 any of tiiera. {w) R. S. O. 1877, c. 181, s. 89. 
 
 124 — (1) When it shall be made to appear in open C 
 of sitting ill the county in which he resides, that any 
 sum noned before such Court, by excessive drinkiiK/ of 1 "^ 
 misspends, wastes or lessens his estate, or greatly i'tiin i 
 health, or endangers or interrupts the peace and liaii " 
 of liis family, the Police Magistrate or Justicf-s holdii)!"s"fu 
 Court, shall by writing under the hand of such Police M ' 
 trate, or under the hands of two of such Justices forlil 
 'icensed person to sell to liim any liquor for the space of 
 year, and such Tolice Magistrate, Justices, or any other J" 
 
 the Court or jury to assess the damages as they see fit hnli,,,,, 
 the "= .*.....„..„ ,.f .1. :3..i XI. •' ' "'^'iif.^i 
 
 Power of 
 . Justiceg to 
 forbid Rale 
 liquor to 
 habitual 
 •druukards 
 
 
 less 
 not 
 
 circumstances of vhe case, provided the amount assessed V 
 than SK.iO or more than §1000. This fiiieation w.isr.l^S 
 
 •lecided in Jiohier v. Cfay, 27 U. C. Q. B. 438. It wa. ai'trnvaJ 
 decided as above laid down in Htt.di-rmn v. Ciini)>hi-I/, an unrei 
 case in tlie C'oin-t of Queen's Bendi, and in (/kasun v, W'iilia,] 
 U. C. <J. \\y.i, by the Court of Common Pleas, under iulitienlt 
 dinular section of the Act. 
 
 (r) In MrCurdy v. Swifi, 17 U. C. C. P. 126. decided u„,ler, 
 41 of '27 & -8 Vict. ch. 18, from which this section in tiikeu -Wil 
 .1., at J). I.*i8, said : " The legislature must have considered, wmal 
 poisons ilo, that the person w hf> intoxicates, or sufftrs or eiicuura 
 another to lieconic intoxicated when it is the interest ot' .xiithai 
 son t(> make as large a ."-lie of licpior as the otlier will or can ben 
 to buy, is far more t. Manic than the unfortunate iiieliriate ■ 
 should therefore be answerable for the acts and conilutti.. tliewij 
 who has been deprived of his senses and rendered a really danwa 
 being.'' In that case it was held, that the Act may lie ionstnia 
 givinjj the civil remedy, at any rate, against the imiki't'iier, notw 
 standing a felony may have been c(mimitted, wliidi has not I 
 prosecuted for alUiough it docs not contain any express [iruvisio 
 that effect. lb. 
 
 (w) There is no limitation as to the amount of damages, sud 
 contained in the previous section. Hec note u to that seution, 
 
 ■'*-.-^il 
 
 
UAL. 
 
 is. 123. 
 
 INEBRIATES. 
 
 atoxication assaults m 
 3 person who {urnis\iwl 
 Led bis intoxication,— ii 
 this Act, Of otherwise in ! 
 nd severaWy liable t« tl\« j 
 s the person intoxicated! 
 rty injured, or his lej^falj 
 \ ioint and several action] 
 the person or persons wlio j 
 e action against either ow 
 ,.181, 8. 89. 
 
 ide to appear inopenOouii 
 3 resides, that any verson 
 excessive diinking of liquoJ 
 estate, or greatly injures U 
 its the peace aiul hi\^\)m 
 rate or Justices holding s«cl| 
 i,e hand olt such Police Ma> 
 of such Justices, ior\)uUnj 
 nV liquor tov the space oUi; 
 t^, Justices, or any otkvtw 
 
 they see fit, lookinj: tu 
 
 \\\, am 
 ulmon rieas, uuo 
 
 iliftercntn 
 
 101! 1 CIYIL REMEDIES AQAINST TAVERN KEEPERS. 
 
 • es of the county in which the said person resides, may, 
 ^"^r game or any other time, in like manner, forbid the 
 *\r nt anv such liquor to the said person by any licensed 
 
 \h\c\\ this >*cc 
 
 iTitts the interest ot.ucba, 
 r. the other will. >vcau>e. 
 ^•' ^l^ unfortunate u.>,n.e 
 
 967 
 
 ,. c V 1'26, tlecideil umWs 
 '■ • • ' .,tion is taken -WiH 
 
 (iiisidercd. Mmd 
 
 '^ and remlrcl a really .l:>n«e, 
 '^ r^ the Act may 1.C eons*'"' 
 
 i.1 o ..mount of ilami^g^^' 
 tcnrntotbat.ect>on, 
 
 Sy be likely to resort for the same. 
 
 ,, Whenever the sale of liquor to any such drunkard shall *''^j*f.°'?"*'** 
 . '"'ijeen so prohibited, if any other person, with a know- '"^*' 
 A of such prohibition, gives, sells, purchases, or procures 
 behalf of such prohibited person, or for his or her 
 r nv liquor, such other person shall, upon conviction, 
 for every such offence, a penalty of not less than $10 
 id not exceeding $20. 
 
 » Any person so prohibited or notified, his servants or Penalty for 
 /ts who shall violate this section, shall for a first oflence tWsVecUoif. 
 ^'^liable to a penalty not exceeding $20, and for a second, 
 a inv subsequent offence, shall be liable to a penalty of not 
 ' than $20 and not exceeding $50. 
 
 ,M The person in respect of whom any such notice shall Application 
 liven may, at any time while the same b in force, n])ply p"oh?wtion 
 the Judge of the County Court, of the county in which «•■■ ""''''•'• 
 •esides, "after having given seven days' notice of his inteu- 
 sii to do to the Police Magistrate or Justices who signed 
 saiJ prohibition, or notice, and the County Crown 
 toinev tor the county in which such person resides, to set 
 i,1a 'iiu-h nroliihition or notice. The Judge may, upon -'uiiKe may 
 li,,;, tlie Kiiid party and any witnesses, either viva rc^e prohibition 
 ,u|iouattidavit, set asiile the said prohibition or notice, or ;;; ;j:;'^-J;^ 
 iss tlie saiii <ij .plication, as in his discretion may seem apidicaiion. 
 ■ Provided, neveitlieless, that before any such proliibi- 
 or notice shall be set aside by the .Judge, it shall be made 
 i)i|}oar that tlie wife or husband (if married and residing 
 >ucliwit'eor husbani'), as the case may lie, of the per- 
 aimhiii", has knowledge of such applicattou and consents 
 to,' \l\.c. o4, s. L'l. 
 
 25. The husband, wife, itajewt, cdiikl of twenty-one years Huoband, 
 mvaicls, brother, sister, master, guardian, oremjdoyer, ot ^I.'.'v' .toufy 
 berion who has the habit of di inking intoxicaiing li(iuor ''"''■« "*' 
 t(ess— or the parent, brotlier, or sister, oi the hushand or fun.ish it to 
 [or such person— or the guardian of any child or chiUrt'ni^°Tj[^"'|^ 
 Idiiiersoii— may give notice in writing, signed by him or»irii»kiQK 
 [oniiay lecpiire the inspector to give notice to any jterson 
 alto sell, or who sells or is reputed to sell, iutoxit-tting 
 
 \h\ 
 
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 ';il 
 
968 
 
 THE MUNICIPAL MANUAL. 
 
 [8. 125. 
 
 e «„^ Irind not to deliver intoxicating liquor to the 
 
 liquor of ^'^y j^^^^^f^'^'^.bit : {x) and if the i)er8.,u so notified, 
 person havmg such ha^t>^i^^^ KJ^^^^ ^^^^^, ^^^^^ ^^^^.^^^. ^^, 
 
 at any time witnm ^^^^^^ or H-ent, otherwise than h 
 
 1 ^. „ ,„;fViii\ twelve uiui""--- • ..v.v.v^. ,;iing| 
 
 at any time witnm ^^^ ^^^^^^^ or H-ent, otherwise than i, 
 himselt, or oy • : ^ti^,, for mediciiral purposes, ,igne, 
 
 terms ot a ^P^jJ^J ,actionor, <leUvers, or in or fronun 
 l,y a icensed med ca P^ ^^^ ,^^ ,.,„ ^^,^,^ ^^^^^^ ^ 
 
 building, V.OO h « ' . ., M, Hutfm-s to h. .leliv^red, ;, 
 
 wheretrom ^ 'y^fj^'^^^^^^^ i.^ving such habit, h. shull in 
 
 I 
 
 iilher 
 nin 
 
 !ned' 
 
 m or] 
 
 wheretrom ^ 'y^ f ;^;^^„^ i.^ving such habit, h. shull incur 
 such liquor to the p ^^^^ exceeding m, and th. i,,r,,o, 
 
 ■ upon convictiou a pena ^. ^^^^ ^^ . ^^ ^^^ ^^^ ^^^^.^^^ ^^^ 
 
 requiring the "*».*\^J, '^ '^i.^'within six mouths thereaftor. l,« 
 personal wrong it m ,, ^^^^^ ^^^^ p^,.^,,,,^ ,^^^.j.^^j ^,^^,^ ^^^^ 
 
 not otherwise), (.V) r ^o ^^^.^ ^^^^^^ ^^qq, as may be uhs-ss, 
 
 not less than ..- ^^^ damages; (2I and any ,na,m 
 
 Married by the ^^^'\^,J ,f,,h action in her own nan.o. witl.J 
 
 S""ac"i- ^^\T"';;i?tim by her husband ; and all huna.es ro.ovJ 
 lordamag^M. authorization y to her separate use; andi 
 
 ^y ^^'';- tbe delt of either party, the action and vi.l.t 
 case ot the f ^'7. tion shall survive to or a^.iustL 
 action given ^'V ^^'^\ ^ ^he defendant shall uot be lii 
 
 ^^^S^" ^'^^ -"^^ "^^^^^- '' ^- '' i 
 
 22. _____————— 
 
 — ^ ^ n evidence to shew that the wife had in 
 
 ,.j.) When there was no ^y that she »igue.l .-v notice, ai 
 
 4^i\ the notion ""f^^Vas^S under sec. 42 of •>: & 28 V,d 
 of whieh was served, 1^ ?"'". ^.,1.011, that there couhlk no rew 
 18 from which this aect.on is^tak.n, i^_^ ,^,^^^_^^ ^^^^^^ ^^^ ^^^ 
 
 ^^/ea.soH V. •''*'l'.""'^ ,r ' oof of the fact that the deceased, beion 
 proof of the »«;ticxj;;j,^ ^^^^j^,^ wa3ave.;s..n "who^asu 
 
 at the tune of the S'y"^? ". • ,, ii,,uor to excess.' This is tlie fi 
 t£i of drmkiug »^^^f;r,^S Xntiff in ter,ns of tlm seotio. 
 
 ativ/.i-f the case VVlu, ^^^^^^^^ inu-keeper forhuiamg hj 
 
 notice to the dc endant a ^^^^^^^ ^^^ ot which lie fori J 
 «um)W li'in'"" t" "*"^ r . «r to the husband but tlie bard 
 
 ffkeepc^ ^---tS'ser^e him ^Jii ^^^^A ^''' TTH 
 notwithstanding did sery ^^^^^^,^.^„t was h^ble. A i«/,« y. fl 
 defendant jt was 1^ d that t ^^^^^^^ ^^ ,.^. ^^,,. ^ 
 
 7 A. 1' • 478. ^f 'I %S See further CayionnHte v. (;..o,J, 
 
 R. 1 8. 0. 117, l»'=- 
 
 (^/^ See note t to sec. 122. 
 
 ^' • , ,i<vmaffc is necessary to the mai 
 
 u) Noproofofpecumary damag ^^^^^^^^ ^^^^^,^,^^^ 
 
 of the action. See note « .0 sec.^^^^^ ^^^^^^ .^ ^^^ j^ ,,^^j| 
 dit LajennfUfe, M. L. U- ? "^V.^jided as an indemnity for loaau 
 thiVmay be recovered «in^««'|,; ^.^.^^.^ ^o the minimum 
 and where no loss is provea wi 
 
 ..anil 
 
TJAU 
 
 [i \25. 
 
 jxicating \\(\\\ot to t\« 
 t\»e \>eva(m so nolifiiid, 
 ftov such uolic«, either 
 ^•tpnt, othevwiso, t\\an 'm 
 adiciual puvpoHea, ni-^Md ^ 
 \ivei'a, o\' lu ov from ;iuy ' 
 DY \\inK ''^'^'^ whoicin f>fl 
 iuff«Vft to \ki Aolivevftil, luy I 
 uch babit, hi'. s\\ii\\ imd 
 .Qi\\Y\<r :B">0, ivnd t\u' \ifrsoJ 
 
 ay, i'^ »^'^ "-'^ '•^'^^^"'^ '^''^'* 
 six n\out\wt\n'V('ivt'tor,\>\i 
 
 ,u $r>00, an may \)o hhsssJ 
 
 ges; {^ '-^"^^ ^"y 'H 
 in Uev owiv uaino, wilW* 
 and aV\ Aaina-es vecov«n 
 ) Uev sopavate use-, and 
 rty t\\e action and vigiit 1 
 U svwvvve to ov a^AUistl 
 defendant sball uot l.e JJ 
 jne offence. 4. V. c. 3i,| 
 
 to shew t\mtlh«wi{eWliu| 
 to 9"*-". :-.-.„l a notice, aj 
 
 , .. 126.] 
 
 lori>a 
 
 3oU8e(i«cuct^_^^.^-^-^^^^ ^^^^^,^^^ 
 
 in t\ie tavern k( 
 fondant was liu,ble. 
 
 with Vkiuoi }i 
 
 ILLEGAL SALE OF LIQUOR. 
 FOB LIQUOR ILLEGALLY SOLD NOT RECOVERABLE. 
 
 961) 
 
 PAYMENT 
 
 126 Any pnynie"*^ or compenHa .ion for liqnor furnished """f^^oj*'** 
 t'lveiition of this Act, or otherwise in violation of law, hoU contrary 
 I'Vt'hei' mail" in money or secui-ities for money, or in labour ^ay not be 
 I . prtv of any kind, shall be hold to have been received ""ecovered. 
 I r tiuiV consideriition, and aj^ainst justice and good con- 
 —lunl tlu! amount or value thereof may be recovered 
 "'•^"tle receiver by the |)arty who made the same ; (a) and 
 I ,1 transfers, conveyances, lions and securities of every 
 J • wliole or part, made, granted or given, for or on 
 "mitof liquoi* so furnished in contravention of this Act, Jp^^JS*"' 
 
 \\ »,iM«(' in violation of law, shall l)o w'lolly null and payment to 
 , otiier" i"'' , •' . be void, 
 
 ■ vc only i»s regards subsequent purchasers or assignees 
 
 • liie without notice ; and no action of any kind shall 
 
 iiit'ainHd, either in whole or in part, for or on account 
 
 I lidiioi" «i> furnished in contravention of this Act, or 
 
 te'lliso in violation of law. (6) K «. O. 1877, c. 181, 
 
 91. 
 
 \ \i,at s\icsiicncoanoua,a 
 '^^rscc 4'2of'2T&'2HVid 
 
 '^^:; ^oT There must not onlj 
 V,u.tth;vtt\iedoccasc.\,Wioi 
 
 ^**^'V' xccss'- TliisUtk 
 h""\fftn tonus "ft^"^*^^*" . 
 I ,,o,,cy of whioU \\<i 
 
 A iis'iii '■'■ 
 
 ^^•^^-'"^ 
 
 I »c.,rv to t\\e miina 
 
 The onliiiiiry rule is, that where a contract which a party seeks 
 
 f„rc<> IS forl)idileu, either by the statute or common law, no 
 
 krtwill lend its assistance to give effect to it, hut this section goes 
 
 j„ij entitles tlic person who paid for li(iuor sold contrary to 
 
 notwitiistaudinjj; payment, to recover fnim the receiver the 
 
 itiuiil, as having been received "without any consideration 
 
 liWiiinst "justice, and good conscience." It has l)een held tiiat 
 
 rrcfmciit entered into for the purpose of enabling a person to 
 
 Lr ami spirits without a license cannot ho enforced, h'itr/tie. 
 
 bil/i t! C. B. -Ifi'-- The vendor of 8[)irituou8 liipiors who sells 
 
 [knmvin" that they are to be sold in viol.ition ot law, and at the 
 
 Itirae enters into an arrangement for aiding the, purchas'er aoto 
 
 n, cannot recover the price from the purcliaser. f'oMer v. 
 
 ,1, 11 L'lisli. (Mass.) .322 ; see also White v. Hhkx, 3 Cu.sh. 
 
 \ik%\SjnhUiuj v. PrcHton, 21 Vt. 9. But it would appear to be 
 
 ■eaci' that the vendor knew the goods were bought for an illegal 
 
 le, provided it was not made a part of the contract tliat they 
 
 J lie used for that purpose and provided the vendor has done 
 
 ; til aid the unlawful design beyond the sale. Trncey v. Tel- 
 
 l4Kern, (N. Y,) 1G2; see further, AVews v. Sfl(jnian, 8 Barb. 
 
 l)43i);'s';/uVA v. Ood/rei/, 28 Post. (N. H.) .37t)". It has been 
 
 at a brewer who supplies l)eer to a public house on the credit 
 
 [8011 not licensed, can recover from such person the price of the 
 
 l^mhrv. Wood, 5 B& Al. 1052, overruling Meiu- v. Jliim- 
 
 |1M & M. 132; S. C. 3 C. & P. 79: see however Lanyfon v. 
 
 ,iM. &S. 593. 
 
 lis by sec. 69, sub. 2 of Revised Statutes, Ont., cap. 51, de- 
 latthe Division Courts shall not have jurisdiction in actions 
 Itttous or malt liquors drunk in a, tavern or ale-house. See 
 .Stat, 0.91, sec. 23. 
 
 1122 
 
 / ! Ml 
 
 ia 
 
 ^ I ■ 'jll 
 
«70 
 
 THR MUNICIPAL MANUAL. 
 
 [»• 127. 
 
 
 Llautenant- 
 GoTcrnor 
 may aiipolnt 
 offloan to 
 •nforoo thin 
 Aot. 
 
 ProvincUl 
 innpector 
 may be 
 •ppotnteil 
 
 OFFICERS TO ENFORCE THE LAW, THEIR DUTIK8 AND I'ow ' 
 
 127 — (1) The Lieutenant-Governor may apiDiut one 
 more Provincial olHcers whose duty it sluill bo toonf,,,. Ji^ 
 provisions of this Act, and especially those foi- tlio piovent "^ 
 of traffic in liquor by unlicensed houses, (c) H s () iw--" 
 c. 181, 8. 92. ' ■ ■ "^"' 
 
 (2) One of such officers may be designuted " ]'iovincin| 
 Fnspector," and it shall be his duty — 
 
 (a) To make a personal ins])ection of eacii licence dj 
 
 trict J 
 
 (b) To 830 that the books of each inspector of licenses ai I 
 
 properly kept, and that all entries wa i)n.pt'i|! 
 made; and to examine into his accounts imd ii.tQ 
 his mode of inspection, and to ascertain tlmt thej 
 , duties of the office are faithfully and otlicientlrj 
 
 performed ; ■ 
 
 (c) To liold investigations into the conduct of iiismcton 
 
 of licenses and license comniission«M's\vlioii icouire 
 so to do by the head of the Department • 
 
 ((•) It is a conspiracy for two or more pcrHoiis, vhutlierOoveriiinei 
 oflieers or delectivus, to act in concert in unlawful nicabuics^Jiiifort 
 a Licinor Licence Act, for example, hy iirtiHte inthiiing a inim tos 
 liqunr contrary to the law. ('ommoinnn/l/t ex iil. SIikiv I,,IA 
 U. C. L. J. N. S. 216. Pax.son, J., of riiihukipliia, in .i'.livin 
 Jii(lgm< nt said ; " For the relatora it was urged tliey wcr. twm 
 in a lawful object, to wit, the enforcement of tlie Sunday LiqiiMiI 
 If tliis M HM in truth their object it was certainly a lawful dh 
 worthy of (.•iimmendntion. Assunung such to have han tjuii 
 pose, did they resort to any unlawful means to aeeoniplisli it! 
 they did. and if they acted in concert in the iiursuaiiLu df a mm 
 design, tin re was a conspiracy. //- van m nr uittinUd llml » 
 slioii/il lit /<i/e. I hi' law In order to vindicnti thf Ian: I jini of ojiiiJ 
 that IIksi n lators, in their anxiety to pi'ocure cvidenuu iij:aiiMr 
 iiarth<inl(ilt. wrnta«tep too far. He was not engagfii m anv ' 
 lation "t l.vv \s hen lliey enteied his place. They uryed and ptisiia 
 him to fuiuish the hccr. In fact they resurted to artifice and da 
 tion for that purjiose. If any crime was coninntted, they wmj 
 sent iddiiiu .Hid ahetting. It was urged in extenuation df tliemiii 
 of the rel.t'Ms tliiit tiieir aetion W'as entirely in accordance uitb 
 pract ee « f I lie deteetive service, not only of the indice, ImtiiiJ 
 depa^tii I li - of the (lovernnient, 1'his is not my nnderstaidia 
 the deiieiM- service. 1 have never known an instance nt il< 
 tives (Uji! I rutcly ]iif)curinga man to coimnitacriiue inoiderto] 
 infori. all. II ii.ainst him. ^iuch informers have been iufaiimusj 
 the tine . . Titus Dates." 
 
 n:i 
 
 
 ''*'**-*tUttS,Jf' _ ■« 
 
r\L. [s.121. 
 
 D13TIK8 AND P0WEU8, 
 
 ' nvvy ftppo\t\l ono or 
 8\ui\l V)P to(!i\fovcet\>p 
 hoHc for t\>c \)veve\iti(m 
 .8. (c) K. H. 0. 18", 
 
 leaiguttted " rvoviuciitl 
 
 on of eacli Ucnse (lis- 
 
 iuH\)ector of licenses m 
 all eiitrioH uve vrtipoilyl 
 [itoliis accovintsnudimoi 
 md to ascertain tliai tlnj 
 faithfully ami cfticieiillyj 
 
 tho conduct of insit'Cton 
 niuushionerswlieuvHiuueJ 
 tlie Devartnicut ; 
 
 M.cr«ou8,Nvhetl.er«l.,ven,mei 
 in unlawful i'H'usuvist.K'i>iort 
 hirtiticeiiulucniga.u;u.t0 8l 
 
 „f i'Wliuk-lplua, m .l^Uvin 
 
 tutith. Sunday y^l-rL 
 "vas certainly a laNvtu'. 
 
 ' f;^..lv in acconlaiice nmIM 
 
 OFFICERS TO ENFORCE THE LAW. 
 
 971 
 
 129.] 
 
 /(/) To report upon all such matters as expeditiously as 
 may be to the Lieutenant-Governor for his infor> 
 mation and decision ; 
 
 If) When the said provincial inspector shall inquire or 
 cause an inquiry to be made into the conduct of 
 any inspector of licenses, ur into the manner in 
 which the law is enforced by the inspector of 
 Iicen!*es, or into the accounts of the inspector of 
 licenses, it shall be lawful for him to require that 
 the evicli nee shall be given under oath, which oath 
 he is hereby empowered to administer. He shall 
 also have power to summon witnesses, and to 
 enforce their attendance and to compel the produc- 
 tion of books and documents, in the same manner 
 and to the same extent as the inspector of Division 
 Courts, (cc) 49 V. c. 39, s. 6. 
 
 128. Tin license commissioners, with the sanction of tlie Appoint 
 I lieutenaut-Govornor in Council, may appoint on« or niore ^^^'^f^^ 
 [officers to enforce the provisions of thi.s Act, and especially iicenw com 
 jose for the prevention of traffic in liquor by unliocfnsed ™'"'*"»*" 
 ItousM and' shall fix the security to be given by Huch officers 
 Ifor the ethcient discharge of the duties of their office, (d) and 
 Itvervsuch officer shall, within the liceu.se di.'-trict for which 
 5W appointed, possess and discharge all the powers and 
 Lies of Provincial officers appointed under the next |)re- 
 iiir section other than those of the Provincial Inspector, (e) 
 .S a 1877, c. 181, .s. 93. 
 
 129. Every officer so appointed under this Act, (^f) every offlcorg 
 lolicetiian, or constable, or insjjcctor, shall be deemed to be Je\*)'" ***'" 
 litbin the provisions of this Act ; and when any information 
 
 l(rt) See R. S. 0. c. 51, sec. 61 et seq. 
 
 [(d) A municipal by-law, passed on 21st July, 1874, appointed an 
 «r under 36 Vict. cap. H4, sec. 8, Out., to enforce the provisions 
 
 Ithesiil Act and the Acts therein rocitt-d, and the by-lii«a of the 
 wration respectinj; shop and tavern licenses. This hy-liiw was 
 •-■(1 to till a vacancy in the office caused by the resignation of the 
 M appointed under a by-law passed in February previous. The 
 IVict. cap. 34, had been repealed, when the by-law w.aa pissed, 
 ]3" Vict. cap. 32, which gave power to li'i a vacancy in such 
 (s. Held, that the by-law was not invalul. In re Slavin and 
 illla,;)6U. C. Q. B. 159. 
 
 |(| See note c to sec. 127. 
 
 I Whether by the Government, under sec. 127, or by tiie license 
 missioners under sec. 128. 
 
 J I 
 
 I II 
 
 
 ■'I' .' 
 
 
 ' T' 
 
 
 i 
 
 
 1 1 
 
 1 
 
^, 
 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 A 
 
 
 1.0 
 
 1.1 
 
 |50 ■^" ■■■ 
 
 Ui Ki2 |2.2 
 
 m Ha 
 
 H 
 
 L25 i 1.4 
 
 1.6 
 
 6" 
 
 Photographic 
 
 Sciences 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. MSM 
 
 (716) •72-4S03 
 

 I' i 
 
 
 972 
 
 Duties of 
 cfflcers and 
 county 
 attorneys 
 on receiving 
 information 
 of infringe- 
 ment of this 
 Act. 
 
 Right of 
 search. 
 
 THE MUNICIPAL MANUAL. Tg i,,. 
 
 is given to any such oflBcer, policeman, constable or insne t 
 that there is cause to suspect that some person is violat' ^ 
 any of the provisions of this Act, it shall be Lis duty t 
 make diligent inquiry into the truth of such inforniiti 
 and enter complaint of such violation before the tiroi ' 
 Court, without communicating the name of the person civ 
 such information ; (y) and it shall be the duty of the C'ro\ ° 
 Attorney, within the county in which the offence is 
 mitted, to attend to the prosecution of all cases coinmittp 1 
 to him by an inspector or officer appointed under this Apf 
 by the Lieutenant-Governor, (h) R. S. 0. 1877 c IHl 
 8. 94. ' ■ ' 
 
 130— (1) At^' officer, policeman, constable, or inspector 
 may, for the purpose of preventing or detecting the violation 
 of any of the [)rovisions of this Act which it is his thitv to 
 enforce, (i) at any time enter into any and every part of any 
 inn, tavern, or other house or ])lace of public enteriainment 
 sho]), warehouse or other place wherein refreshniMitH or 
 liquors are sold, or reputed to be sold, whether under license 
 or not, and may make seax'ches in every part thereof and of 
 the premises connected therewith, as he may think necessary i 
 for the })urpose aforesaid, (j) 
 
 ((i) It is not the duty of the officer to enter complaints simply upoaJ 
 information that there is cause to suspect some person of violatm 
 the provisions of the Act. Such information may lie given in spiw 
 and be without actual foundation of any kind. Before makinj: \\i 
 charge it is the duty of the officer "to make diligent enquiry iutj 
 the truth of such information." See Sch. D, No, 19, forfoimi 
 conviction. 
 
 (h) The duty of the Crown Attorney to act is only in cases com 
 mitted to him "by an inspector or officer appointed under this Ad 
 by the Lieutenant-Governor." It is not his duty to act whin tJ 
 officer w ho commits the case to him is only an officer apiiointed 
 the license commissioners, nor where the person committing the cai 
 to him is simply a policeman, constable, or amateur detective. 
 
 (i) The right of search is granted not only to policemen, coasti 
 bles, and inspectors of licenses, but "to any officer" \ihich voii 
 apparently include as well officers appointed by the license coi 
 missioners under sec. 128, as officers appointed by the Lieutenaa 
 Governor under sec. 127. 
 
 {j) The time to enter is " at any time," whether on Sunday or« 
 other day, and at any hour of night or any day. The pkce u^ 
 which the entry may be made is, " any and every part of any ini^ 
 tavern or other house or place of public entertainment, shop, w|j 
 house, or other place wherein refreshments or Ii(juors are sole 
 reputed to be sold, whether under license or not." Ihe right is, 
 
 :^Jim'^:\ 
 
 ""^^.i. 
 
|l';l 
 
 v 
 
 onstable or inspector 
 person is violaling 
 hall be bis duty to 
 of sucb intormntion, 
 »n before tbe proper 
 le of tbe person giving 
 he duty of tbe Ovown 
 1 tlie offence is com- 
 i ail cases committed 
 )inted under tliis Act 
 . S. 0. 1877, c. 181, 
 
 constable, or inspector, 
 >r detecting tbe violation 
 
 whicb it is bis dnty to 
 ,ny and every part of any 
 
 of public entevvanmieut, _ 
 wbereiu refresbnieiits ovi 
 ,lcl wbetber under license J^ 
 
 very pavt thereof, .n.l of 
 asbenraytbinknecessaryj 
 
 „tpr complaints simply ui|Oi| 
 , enter comi j Vw\mi 
 
 ^'1-Tm.Y be given i"^pi| 
 '"^ n Je difecnt emivmy «>tJ 
 
 j:s:SDfio.iMori..;i 
 
 [not his dutv to , 
 
 b^rlSeur detective, 
 
 appointee* oy 
 I „ upther on Sunday ot« 
 
 H''"\prta?nmeut,shoi),^J 
 Icense or not. 
 
 RIGHT OF SEARCH. 
 
 973 
 
 (2) Every person being therein, or having charge thereof, ^^^^1^ '^ 
 ho reinses or fails to admit such officer, policeman, or con- admitoffloer. 
 table or inspector demanding to enter in pursuance of this 
 
 ction in the execution of his duty, or who obstructs or 
 ttempts to obstruct the entry of such officer, policeman, 
 nnstable or inspector, or any such searches as aforesaid, 
 hall be liable to the penalties and j>unishinents prescribed 
 hy section 70 of this Act. (I) K S. O. 1877, c. 181, s. 95. 
 
 131. Any Justice of the Peace, upon information by any Search 
 
 such officer, policeman, constable, or inspector that there is be grant^*^ 
 
 reasonable ground for belief that any spirituous or fermented 
 
 linuor is being kept for sale, or disposal contrary to the pro- 
 
 nsioiis of this Act in any unlicensed house or place within 
 
 the iurisdiction of such Justice, may grant a warrant under 
 
 his hand, by virtue whereof it shall be lawful for the person 
 
 named in such warrant at any time or times within ten days 
 
 from the date thereof to enter, and, if need be, by force, the 
 
 place named in the warrant, and every part thereof, or of 
 
 the premises connected therewith, and examine the same and 
 
 search for liquor therein ; (m) and for this purpose may, with 
 
 such assistance as he deems expedient, break open any door, 
 
 lock or fastening of such premises, or any part thereof, or of 
 
 any closet, cupboard, box or otlier article likely to contain 
 
 lany such liquor ; (n) and in the event of any liquor being so Je" pi^lf 
 
 found unlawfully kept on the said premises, the occupant lii.uor to be 
 itkreof shall, until the contrary is proved, be deemed to have megai 
 
 ept such liquor for the purpose of sale, contrary to the pro- th«dn? 
 
 make searches in every part thereof, and of the premises connected 
 iereffith, as he may think necessary for the purpose aforesaid. " All 
 his may be done without any warrant or other authority than the 
 lolding of the office indicated, but there is no power to enter by 
 iorce as is conferred by see. 131. See notes m and »i infra ; Reg. v. 
 V 4 L T. N. S. 306. 
 
 I i 
 
 See sec. 70 and notes thereto. 
 
 loaviction. 
 
 See scb. D. No. 18, for form of 
 
 \n] The special warrant here authorized is for entry, * ' at any time 
 himes within ten days from the date thereof." This would ex- 
 We the day of the date. A person having this special warrant may, 
 [need be, enter by force. This is a power not conferred under the 
 «iliug section. 
 
 [(n) The nature of the force authorized is here indicated, as the 
 king open any door, lock, or fastening, or any closet, cupboard, 
 V, or other article likely to contain liquor. 
 
 I !l 
 
 fi' 
 
 ■^Mm 
 
974. 
 
 THE MUNICIPAL MANUAL. 
 
 
 :1 
 
 [s. 13K 
 
 visions of section 50 of this Act. (o) R. S. 1877 
 s. 96 ; 49 V. c. 39, s. 7. * '' 
 
 181. 
 
 8ei.u.eof . 132. Wlien any inspector, policeman, constable, or officpr 
 
 f liquor found in making or attempting to make any search under • 
 
 wn"^'' pursuance of the authority conferred by the prececling°\ ^^ 
 
 premises, sections of this Act or under the warrant mentioned in d** 
 
 last preceding section, finds in an unlicensed house or nl '* 
 
 any spirituous or fermented liquor which, in his 
 
 opinioD, is 
 
 unlawfully kept for sale or disposal contrary to this Act'li 
 may forthwith seize and remove the same, and the vessel' ''^ 
 which the same is kept, and upon the conviction of th" 
 occupant of such house or place, or of any other person f ' 
 keeping spirituous or fermented liquor for sale in such hoi 
 or place without license, the Justices making such convicti 
 may, in and by the said conviction, or by a separate 
 subsequent order, declare the said liquor and vessels or an I 
 part thereof, to be forfeited to Her Majesty, and may ord 1 
 and direct that the said inspector, policeman, constable oJ 
 officer shall destroy the same or any part thereof and tlit 
 inspector or other person as aforesaid shall thereupon forth 
 with destroy the same, or part thereof, as directed by i 
 conviction or order. 44 V. c. 27, s. 9. 
 
 ' Slid 
 
 If no convic- 
 tion liquor 
 shall be 
 retumed. 
 
 133- If the occupant or other person as aforesaid be na 
 convicted of keeping the said liquor, or any part thereof fj 
 sale as aforesaid, the inspector, or other person so seizii 
 the liquor as aforesaid, shall return the same to the pla 
 where such seizure was made ; the inspector, or other persd 
 acting with him, or by or under his directions, and 
 policeman, constable, or other officer acting under this AJ 
 shall be a public officer within the meaning of The Ah] 
 protect Justices of the Peace and others from vexatious actioi 
 for the purposes of this Act. 44 V. c. 27, s. 10. 
 
 Du'.yof 134 — (1) It shall be the duty of every officer, policen 
 
 •nd others to constable or inspector in each municipality to see that 
 off **d"** several provisions of this Act are duly observed, andj 
 proceed by information and otherwise prosecute for 
 punishment of any offence against the provisions of i 
 Act ; and in case of wilful neglect or default in so doin^ 
 any case, such officer, policeman, constable or inspector s 
 
 ReT. Stat. 
 0. 73. 
 
 (o) See note j to sec. 108. 
 
 '.m^ 
 
;TJAL. l8.m. 
 
 ■R. S. 0. 1877, c. 18\. 
 
 lan, constaUe, or officev 
 ■oy search under or in 
 I by the preceding two 
 xrant mentioned in the 
 lUcensed house or place 
 which, in his opinion, is 
 contrary to this Act, be 
 3 8ame,andtheve8ae\sm 
 >n the conviction oi the 
 • of any other person, tor I 
 mor for sale in such bouse j 
 Jes making such convictioul 
 iion, or hy a separate orl 
 ' liquor and vessels, or any! 
 
 or policeman, constable, 4 
 : any Vavt thereof, ant I 
 •esaid shall thereupon fovtlj 
 
 thereof, -«<i^^-^^^"^'^i 
 57, s. 9. 
 
 ^^■n as aforesaid be nJ 
 te^yP-tthereoM 
 
 ^v' other person so H 
 'Zn the same to tbe pla(^ 
 S inspector, or other pev. 
 
 i V his directions, and i 
 
 nder "^'f .^' ^xidevtbis. 
 I^fficer acting n ^^ 
 
 the meaning "^ i 
 
 ,oters/rom.ex— acnol 
 
 44 V. c. 27, s. 10. 
 
 I f pverv officer, policetc 
 ^y -rStYtoseetbatl 
 I ^^Tduly observed, and 
 let are ^^^^^ ^^gecute iov 1 
 
 UNORQAKIZBD DISTRICTS. 
 
 975 
 
 . 137.] 
 
 . g„r a penalty of $10 for each and every such neglect and P«^»J^ty '«>' 
 default, (p) R. S, O. 1877, c. 181, s. 97. 
 
 ,n\ jt shall be th6 duty of the board of commissioners of commiMion. 
 
 1 ce and of the chief of police, to enforce the provisions of anirchief of 
 Kg section, and any officer or policeman convicted of violat- P^'fl,^^'"^^,, 
 • (I the provisions thereof may be summarily dismissed. 44 section. 
 V°c.27,s. 25. 
 
 UNORGANIZED DISTRICTS. 
 
 135. Subject to the provisions hereinafter contained, (9) ''^'"? ^^^l" 
 the preceding provisions of this Act shall apply to all por- territorial * 
 1 tions of Judicial, Territorial and other Unorganized Districts ^"^,^3^"'" 
 f this Province ; and in any prosecution or proceeding districtg. 
 thereunder the Stipendiary Magistrate in any such district 
 hill iiossess and exercise all the powers and jurisdictions of 
 Ithe Police Magistrate, or other convicting Justice or Justices 
 I f the Peace under this Act ; and the lock-up of such 
 [district shall be deemed to be a gaol for the purpose of 
 nprisonment under this Act ; and any money penalty 
 jinosed and recovered shall, where the inspector is not the 
 Cosecutor, or the offence was not committed within any 
 hunlcipality, be paid to the Treasurer of Ontario ; and the 
 Lvisions of this Act applicable to township municipalities 
 lall apply to all municipalities organized under 2^he Act 
 mctin(f the Establiskment of Municipal Institutions in the c. i85. 
 mtricts of Algoma, Muskoka, Parry Sound, Nipissing, 
 Imder Bay, and Rainy River. R. S. O. 1877, c. 181, 
 
 1136. The Lieutenant-Governor in Council may declaie Mcense 
 Ly portion of a Judicial or Territorial District which is not judicial or 
 Lin the jurisdiction of a municipal county, a license j"g["°^'*' 
 Itiict for the purposes of this Act, and the Lieutenant- 
 Ivenior may appoint therefor a board of license commis- 
 pers and one or more inspectors, (r) R. S. O. 1877, c. 
 
 S.99. 
 |37. In any license district so formed an appeal shall lie Appeal from 
 any decision of the Stipendiary Magistrate in any "magUtrate. 
 
 ) The penalty only arises in case of '■* wVfiil neglect or default." 
 ^ch. D., No. 19, for form of conviction. 
 
 I See sees. 136 to 140. ' ' '<^ 
 
 I See sees. 3, 4, 5 and 6. • '^ 
 
 i;Ji' 
 
•976 
 
 THE MUNICIPAL MANUAL. 
 
 [8.137. 
 
 .'' M 
 
 
 '•I t 
 
 prosecution or proceeding under this Act, to 
 
 Appoint- 
 muiit of com- 
 missioners, 
 etc., in 
 (liBtricts not 
 within the 
 jurisdiclion 
 of municipal 
 councils or a 
 lice use 
 liistrict. 
 
 Duties 
 payable. 
 
 IsHue of 
 lie 'nses for 
 places not 
 within 
 license 
 district. 
 
 Powers of 
 municipal 
 corpora- 
 tions . 
 
 27-8 V. c. 18. 
 and R. S. C. 
 c. 106, not 
 affected by 
 this Act. 
 
 such district, or to any County Judge to wliom an .^'^ ^^ 
 lies in other matters in such district. (») R « O ic^- 
 181,8. 100. ■ ■''•^^".c, 
 
 138— (1) In such portions of Judicial or Territor'i 
 Districts as are not within the jurisdiction of any rann\ ' i 
 county, and have not been included in any licen.se (list ■ 
 under the provisions of section 136, the Lieutentant-Govp • ^ ' 
 may appoint one or more persons as license commissione' 
 and inspectors respectively for the granting of such nun 1 ' 
 di tavern and shop licenses to such i)erson.s, for such nl ■'! 
 and periods, and upon such conditions as may be prescril i* 
 by Order in Council, such licenses to take effect from ' 
 1st day of June in each yeai*. (t) 
 
 (2) For any such tavern or shop license, the dutv DavqlJ.I 
 shall be the sum of |60. (w) R. S. O. 1877, c. 181,Vioi I 
 
 139. The licenses to be issued foi the sale of spiiituouj 
 fermented, or other manufactured liquors in any iilace 
 within a license district, may be issued on such conditio 
 and under such regulations as the Lieutenant-Governor i 
 Council from time to time directs, subject to tlie iJiovisioii 
 of this Act ; and any bond which the Lieutenant Governa 
 in Council may direct to be taken from any person obtaini^ 
 a license under this Act for any such place, conditioned 
 the observance of the law and of all regulations to he \n 
 under this section, shall be valid, and may be enfora 
 according to its tenor, (v) R. S. O. 1877, c. 181, s. 102 i 
 
 140- Any municipal corporation within any Judicial 1 
 Territorial District shall have the like authority in resn 
 of taverns and shops therein, and the licenses therefor asi 
 like corporations in municipal counties possess under the [ 
 visions of this Act. (w) R. S. O. 1877, c. 181, s. 103, 
 
 MUNICIPALITIES UNDER THE TEMPERANCE ACTS. 
 
 141. Nothing in the foregoing provisions of this Acta 
 be construed to affect or impair any of the provisions of] 
 
 (a) See sec. 118. 
 
 .(<) See sec. 8 et seq. 
 
 («) See sec. 41 and notes thereto. 
 
 {v) See sec. 30. 
 
 {w) See note j to sec. 54. 
 
 [.I A 
 

 ition within any Judicial 
 the like authority in resji 
 id the licenses therefor, as 
 
 .ounties possess umlertH 
 O. 1877, c. 181. s. m 
 
 CHE TEMPERXi«CE ACTS. 
 
 Ing provisions of tlii^Acti 
 Lvanyoftheprovmons^ 
 
 ,,145.] 
 
 MUNICIPALITIES UNDER TEMPERANCE ACTS. 
 
 977 
 
 erance Ad of 1864 of the late Province of Canada, or 
 i!" econd pin't of ^Vte Canada Temperance Act, and no 
 rn or shop license shall be issued or take effect within 
 '* '^county, (jity> town, incorporated village, or township in 
 *?l lio within which any by-law for prohibiting the sale of 
 r or wwle'" the said Act is in force. R. S. O. 1877. c. 181, 
 %\-Uy.c. 27, s. 13. 
 
 142 The Lieutenant-Governor in Council may, notwith- ^nJ^g'^nj, 
 rliii" tluit any such by-law affects the whole or part of any in-pectors 
 
 ' ntv "oi- tliat the second part of l^he Canada Temjyernnce S"pp^oint«d 
 '*!/ln force in the whole or part of any county, nominate where Tem- 
 
 ^CllSl"*"'^ . . "^ ,. , •' , IP ., peranoeAcU 
 
 wnl of license commissioners of the number, and for the in force. 
 ' 1 nientioned in section 3 of this Act, and also an 
 ^ or • and the said board and inspector shall have, dis- 
 , jgand exercise all such powers and duties respectively for 
 ventiiK' the sale, traffic, or disposal of liquor contrary to the 
 (1 Acts or this Act as they respectively have or should per- 
 nder this Act. 61 V. c. 30, s. 1. 
 
 143 The board of license commissioners and the inspector Duties in 
 appointed under this Act shall exercise and discharge all ""*''"""• 
 
 i, • , j-espective powers and duties for the enforcement of the 
 
 Lisions of The Temperance Act of 1864, an^l the second 27 1 y^ c. is 
 
 L of Th Canada Temperance Act, (x) as well as of this Act, m.' 
 
 far as the same apply, within the limits of any county, 
 incorporated village, or township in which any by-law 
 
 [der the said Acts is in force. R. S. O. 1877, c. 1 81, s. 106 ; 
 
 lT.c.27,s. 13. 
 
 1 144. A. wholesale license, (y) to be obtained under and whoieiaie 
 ll)ject to the ])rovisions of this Act, shall be necessary, in "J'^"^'"'^ ^g ^ 
 lier to authorize or make lawful any sale of liquor in the R.s. c. c. 
 antities allowed under the provisions of The Temperance ^^' 
 io/'iSfi-^, and the second part of The Canada Temperance 
 R. S. 0. 1877, c. 181, s. 107 ; 44 V. c. 27, s. 13. 
 
 145. All tlie provisions of sections 127, 128, 1 41, 142, 143 Application 
 1144 of this Act shall be applicable to municipalities in 52^^01' 
 
 141-144. 
 
 ) The general prohibitory law being localized by municipal option 
 (be enforced through the medium of provincial officers to be 
 [ointed and paid for according to provincial legislation. License 
 
 mmtnof Frontenac \. County of Frontenac, 14 0. R. 741. 
 
 ) See sec. 2, sub-s. 4. 
 123 
 
 ;-H 
 
 •'( 1 1 
 
 It 
 
 . w 
 
 '& i 
 
 1:^ 
 
 'li 
 
978 
 
 THE MUNICIPAL MANUAL. 
 
 
 !1 
 
 It' 
 
 it 
 
 [8.U8 
 
 which the second pai-t of The Canada l^enipernnce A • 
 force, (z) 44 V. c. 27, s. 13 ; 47 V c. 34, h. 34.' " 
 
 Municipal 
 
 counoilH 
 
 may nid in 
 
 enforcinir 
 
 tho Oaniidn 
 
 Tempernncu 
 
 Act. 
 
 lip 
 
 aaji 
 
 146— (1) The council of any county, city, town, town^I 
 or village in which tho second part of 27ie Canada T 
 
 ance Act is in force, may, from time to tiino >sof o., i 
 
 ,. ' :; J.1 ""It., hei apart a 
 
 sum or sums or money tor the purpose of paying anv ffi 
 or officers, person or persons, for enforcing, or assist 
 enforce The Canada Temperance Act within their resn ^' 
 jurisdictions, and for the payment of any costs or ex '^ ' 
 incurred in and about enforcing, or attemptinf» to enf "' 
 tho .same ; and such councils are hereby authorize] "^ 
 empowered to appoint one or more olficeis or person 
 enforce, or assist in enforcing, the provisions of the said A 
 and to pass by-laws for the government and control of 
 officers or ))er.sons, and defining their duties and mode 
 amount of payment. 44 V. c. 27, s. 14. 
 
 (2) Where the second part of 77te Canada Temperance ^ 
 is in force, and when the council has been called upon to i 
 a ]jroportion of the expenses of ity enforcement, the inspel 
 shall at the close of each year, send to the council a stai 
 meut in detail of the receipts and expenses of the year 
 V. c. 33, s. 7. ' ■ 
 
 wh^'re""""* 147. The sale of liquor without license in any municipa 
 Temp^rnnce where The Temperance Act of 186Jf is in force shall nevl 
 Actein force, ^jjglggg j^g ^ contravention of sections 49 and 50 of this 
 and the several provisions of this Act shall have full fni 
 and effect in every such municipality except in so far as a 
 provisions relate to granting licenses for the sale of liq 
 by retail, {a) R S. O. 1877, c. 181, s. 108. 
 
 148 — (1) The expenses of carrying into effect such of j 
 provisions of this Act, or of the Acts or by-law herein^ 
 
 statements 
 of recclptfi 
 and 
 expenses. 
 
 Ezpensefi of 
 enforcing 
 Liquor 
 License Act 
 in 
 
 i i 
 
 ■^ 
 
 {2) The general law as to prohibition respecting all Canada, 
 can only be enacted by the Dominion [Russell v. lipijina, 7 Am. 
 829), being localized by municipal suffrages, its enforcement beo 
 a matter of local importance in the Province, within the mean_ 
 sec. 92, sub-8. 16, of the B. N. A. Act, and may also fall within 8 
 8 as pertaining to municipal institutions. Licence Conmilmnti 
 Frontenac v. County of Prontenac, 14 0. R. 741. 
 
 (a) The Local Legislature has no power to make the sale of I 
 contrary to the Temperance Act of 1864, an oflfence against sa 
 and 50 of this Act, so as to subject the persons selling to the pen 
 of the Ontario Act, in lieu of the penalties imposed by the Tej 
 ance Act of 1864. Heg. v. Prittie, 42 U. C. Q. B. 612, 623, 62 
 
 
 *. 
 
 
lUAL. 
 
 ^H ,g /3\ 1 MUNICIPALITIES UNDER TEMPERANCE ACTS. 
 
 , Tevipernncf, Act is in 
 c. 34, 8. 34. 
 
 y, city, town, town8lii| 
 I The Canada Tempt 
 
 to time, set apart aaj 
 )se of paying any offio 
 nforciny, or assisting 
 ;t within their respectif 
 )f any costs or expens 
 L- attempting to enforc 
 
 hereby authorized 
 e officers or persons 
 (revisions of the said Ac 
 nent and control of suoj 
 eir duties and mode an 
 s. 14. 
 
 le Canada Temperance . 
 las beeu called upon to ; 
 enforcement, the insped 
 nd to the council a sta 
 I expenses of the year. 
 
 license in any municipi 
 64- is in force shall nevi 
 ions 49 and 50 of this " 
 Act shall have full fa 
 ity except in so far as 8 
 nses for the sale of \\<\ 
 81, s. 108. 
 
 rying Into effect such o!| 
 Act's or by-law hereinaf 
 
 on respecting all Canada, ' 
 
 ffraces, its enforcement bed 
 Province, within the meanM 
 and may also fall within il 
 ions Liceim Commmoni 
 4 O. R. 741. 
 jower to make the sale of! 
 1864, an offence against sa 
 he persons selling to thepe^ 
 
 - U. C. Q- B. 612, 623, m 
 
 ,11 
 
 tioned, as ^^^Y ^^ ^" force in municipalities where a 
 "'l' w prohibiting the Bale of intoxicating liquors under 77tc 
 tl^rnnce Act of 1S64, or whore th(3 second part of 27te 
 
 vanM 
 I'f '^^ fgmperance Act is in force, except as is h(U'einafter 
 
 L this Act provided, shall be borne and paid by the county 
 rtl in which any by-law for prohibiting the sale of liquor 
 r, fi^g Temperance Act of 1804, or within which the 
 d part of The Canada T'emperance Act is in force ; and 
 the by-law is that of a minor municipality, such 
 shall be paid by the minor municipality. 
 
 97D 
 
 munloipall- 
 tiuN under 
 the TcmptT- 
 aiiM Acts. 
 
 ,, rp),g expenses ])ayable under this section by a county, or 
 
 minor municipality, shall be by them paid into the bank 
 
 hich the license fund is kept to the credit of the license 
 
 1 account for the license district, and shall become due and 
 
 L]g within one month after an estimate of the amount of 
 
 expenses for the current license year shall be made by the 
 
 J of license commissioners for the license di.striot, and 
 
 roved by the Provincial Secretary (which approval shall 
 
 La! and conclusive) j (6) and after a coi)y or duplicate of 
 
 L estimate and approval together with a notice in writing 
 
 Ithe board of license commissioners, requesting payment of 
 
 •amount payable by the municipality shall be served upon 
 
 clerk of the county, or minor municipality, or on such 
 
 times as by the said request or notice are named' 
 
 [that purpose ; and should any estimate prove insufficient 
 
 Ithe payment of the expenses of the license year any 
 
 [ciency may be provided for in the estimate for the suc- 
 
 Jingyear; and should any sums remain unexi>ended in 
 
 r, the same may be applied on account of the expenses 
 
 ie succeeding year. 
 
 I Payment may be enforced against any county, or minor 
 by the board of license commissioners in any 
 
 Proportion 
 payable by 
 tho Provinca 
 or munici- 
 pality, how • 
 and when to 
 be paid. 
 
 of competent jurisdiction in the name and by the title 
 The Board of License Commissioners for the License 
 let of ," and it shall not be necessary to mention 
 
 iclude the names of the license commissioners in the 
 lings; and the said action or proceedings may be ear- 
 in the name of such board as fully and efi'ectually as 
 [h such board were incorporated under the aforesaid 
 or title. In the event of the death or resignation of 
 the license commissioners, or of the exj)iry of their 
 
 ISeeiiccHse Gommiasioners of Frontenac v. County of Fro7ite7iac, 
 
 Payment of 
 proportion, 
 iiow en- 
 forced. 
 
 1 I 
 
 iilir' 
 
 ! f , 
 
 I I 
 
 I % 
 
 . ■ 1 
 
 : I - 
 
 ,'; u 
 
 '\km 
 
 :!: 
 
 il :.: 
 
980 
 
 
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 ''It :■ 
 
 i 
 
 t-1 
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 I? 
 
 THE MUNICIPAL MANUAL 
 
 coniiniHsion and of tlio re-appointment of the 
 
 [»• 148 (3)1 
 «aiiu', or of 1 
 
 appointment of otlnu- licenwo couinu.ssioncrs the .' ' " 
 or action, shall not coasi), abate, or deterniino, biit'^n'i ^ 
 ceetl as though no change had been jnado in tjio ** " '!' 
 or license conunissioners, and in the event of Haid I '"'"."'^'^i' 
 
 condemned in costs, the same may be piiytil)lo 
 license fund. 
 
 out of til 
 
 Minor muni 
 
 cipallty, 
 
 meaning of. be liol 
 
 (4) 
 ho 
 
 union of counties 
 
 Kxponxes of 
 enforcing 
 C. 'f. Act In 
 cltiea. 
 
 Payment of 
 «spen8C8 of 
 licunso dis- 
 trizt where 
 C. T. Act i8 
 in foruo ill 
 part only cf 
 district. 
 
 The words "Minor Municipality" in this .section l,j 
 d to mean any umnicipality, other than a co>,„f 1 
 of counties. '^°""^y 
 
 (5) In cities which are separate license di.stricts in J 
 the second part of The Canada Tempn-duce Act is ' f^ 
 the expenses of enforcing or carrying into edect tl J 
 ions of the said Act shall be borne by the city m in tl « 
 counties in which the said second [»art of the said \ r 
 force and such expenses of the city shall be ectimit ] 
 ascertained, and become due and payable, and paymeit 
 bo enforced against the city in the same manner or uud"! 
 circumstances as are provided in the case of county 
 palities and jiU of the provisions of this Act havincr 
 ence to the said expenses and the mode of a.scertuinin' 
 and collecting the same, which are applicable to couutil 
 whicli the said second part of 2 he Canada Temperam-d 
 is in force shall also apply to cities in which the sam. 
 force. 51 V. c. 30, s. 1. 
 
 149. In any license district in which the second 
 The Canada Temperance Act is is force, and the 
 district in addition to other portions of the county enid 
 a city or town withdrawn from the county for mun 
 purposes wherein the said Act is not in force, the Jicensi 
 of such city or town withdrawn from the county for m 
 pal purposes shall be kept as a separate license fund foi 
 city or town ; and such city or town shall payajiisij 
 of the expenses of such license district ; and the sami 
 be determined by the board of license commissioned 
 shall after approval by the Provincial Secretary 
 out of the license fund for such city or town ; and in| 
 mining such sh;n-e of expenses the board shall tak 
 account with other circumstances, as far as may be, tl 
 portion of the expenses incurred in said city or tow 
 V. 0, 30, s. 1. 
 
 Duties 
 payable for 
 
 150. The following license duties for licenses i 
 
 issuei 
 
 lor ni( 
 ](oti 
 
 "'iilief 
 liiifl 
 
I -li 
 
 AL. 
 
 [«• ^'^^ [n 
 
 of tl»e rta>iu', or o{ tb 
 nuM-rt, the pvoccciiiiiK 
 ,eriniut!, but «liull 
 k(Ui in tlio coii'imissio 
 cut ot'Haid \)0;ir(lli(.iii 
 DC payable out ot tlj 
 
 ^y" in this Hection sii 
 ther than a county 
 
 cense districts in whil 
 jin'dHce Act is in foJ 
 g into elVcct the \mi 
 r the city as in the CM'' 
 »ai't of tlie said Act I 
 y siiali he entimalcd i 
 iyablc, and payment i 
 lauio manner or uiuler| 
 le case of county inu 
 I tliis Act, having 
 [i\ode of ascertaining, tiJ 
 a a\)piicahle to countid 
 i> Canada Temi)e)'a,m\ 
 es in whicii the same " 
 
 which the second ^ 
 1 is force, and tbe li 
 ions of the county, eml 
 t the county for mui 
 uot in force, tiie license! 
 from the county for -' 
 jparate license fund 
 iom\ shall payajusi 
 iistrict -, and the sam 
 license commissioneii 
 'rovincial Secretary li 
 I city or town ; and ni 
 L the board shall \.t^ 
 ]es, as far as may be, tl 
 |d in said city or to- 
 
 lutiesforhcensesissut 
 
 1 
 
 I nMD-l MUNICIPALITIES UNDER TKMPEIIANCK ACTS. 
 
 .. piii-suanco of Hub-sectionH 4 and 8 of section 99, of 
 ' ,^, ,(,((/« Temperance Act shall hiTciiftd- l)o payiilile : 
 
 ch druggist's or shop liceiiHO in citioH $ 75 00 
 
 ''^ „ '« « towns r)0 00 
 
 It •' " other nmiiici- 
 
 palities 30 00 
 
 cich wholesale license in cities 1.50 00 
 
 '" .. " towns 100 00 
 
 II '* other municipulities. . GO 00 
 
 lV,c,39, «-8. 
 
 jiji All sums received from duties on di'uggists' or shop 
 
 ^(■s and for wholesale licenses, issued in niunic'ii)alities 
 
 ifliich tlio second part of The Canada Tfnipfravcc. Act is 
 
 foiee and any sum paid by a municipality for or on 
 
 omit of such expenses as aforesaid, or by the Province, 
 
 iform the license fund of the city, county or license dis- 
 
 respectivoly in which the said second part of 77te Canada. 
 
 \0mce Ad shall bo in force, and shall bo applied under 
 
 liitions of the Lieutenant-Governor in Council, towaixls 
 
 kilt of the salary and expenses of the inspector, and for 
 
 expenses of the othceof the board of license commissioners 
 
 Ictollicers, and otherwise in carrying the provisions of the 
 
 bull part of The Canada Temperance Act in to effect, and the 
 
 lie (if any) on the 30th day of June in each year, and at 
 
 Kitliei' times as ntay be prescribed by the r(!gulations of the 
 
 iteiiiuit-Governor in Council, may be applied on account 
 
 expenses of the succeeding year. 51 V. c. 30, s. 1. 
 
 52-(l) In order to remove doubts it is hereby declared 
 
 liliesharoof the expenses of any license district to be 
 
 bvany county council, and heretofore estimated by 
 
 jteids of license commissioners, and which have been 
 
 oveJ by the Provincial Treasurer or Secretary, after 
 
 ding any sum payable by any city or sepaivated town, as 
 
 lafter provided, shall be due and payable by the county 
 
 1, notwithstanding the use of the words "whereby a 
 
 iwiiiohibiting the sale of intoxicating liquors is in force" 
 
 fk Canada Temperance Act, or words of similar pur- 
 
 |or meaning in any section of this Act, are made to 
 
 |to the said Canada. Temperance Act, and as fully as 
 
 Julie same had read in lieu thereof in each and every 
 
 •'where the second part of The Canada Temperance 
 
 ill force," and it shall not be necessary to make or 
 
 («.'! 
 
 981 
 
 liAftlMI 
 
 iMniiiiil tindur 
 N«n. UO, 
 
 Hill) Hd, \ iV H^ 
 
 if K' 8. C 0. 
 lUO. 
 
 ! ; 
 
 Application 
 ot (lutleH for 
 
 HiM'iiHOit 
 
 under 
 
 prncitiling 
 
 HCCtlollS. 
 
 Provision for 
 payment by 
 municipali- 
 ties of 
 expenses iif 
 licenso 
 district in 
 which R. S. 
 Co 100 is in 
 furue. 
 
 I i 
 
 W: 
 
 ! 1'- 
 
 ,'!'■: 
 
982 
 
 TUB MUNICIPAL MANUAL. 
 
 
 : i/^M:.^»y-i' } I: ■ 
 
 » ^ 
 
 ¥0tWfj 
 
 
 WM'^' 
 
 
 Ml 
 
 
 it: 
 
 19% 
 
 
 8hare of 
 cxpvnxuH of 
 
 dlNtrlrt to bo 
 pul'.l by city 
 or town In 
 dUtrict In 
 which K. S. 
 C. 0. 10(1 is 
 in force. 
 
 '■^ 
 
 [«• 152 (ij 
 
 approve unotliei' estinmte or Hervo a new copy or 1 r 
 or d«>nmiul, and th« appointment of coiumiBsioiip" ! 
 inHpj'ctorH hy the Lioutcnant-Uovernor or the Li. "^^ 
 Governor in Council heretofore made in or for at > 
 or diHtrict in which the Haid second part of 77 p^^^ 
 Temperann; Act was at tho time in foice hIihU ij "''^ 
 and rflbctual as thougii the Htatutes in this section m "r ' 
 or referred to had read as herein ia provided, fio v' °'' 
 
 H. 1. • .0, 
 
 (2) Whore a city in which the necond part of The C 
 Tenipermivft Act is in force, and which is not a s^^ 
 li(!(!iiso district, l)ut fornts part of a license diHtrict i T 
 tho aaid sccoiid part of Tke Cafiadd Tciiijitruuce A -l ' 
 in force as to the whole or pait of the said license di t 
 and where a town is separateil fron» tho county and f 
 part of a district in which the said second part of 2% r 
 TeDtjtermif.e Act w in force, as to the whole or nart tl 
 the council of said city and of said town, reHpectivclv 
 pay a just share of the expenses of the license (listi'io- 
 whidi it forms a part, and such shart- sliall he sciiarj 
 estimated and determined by the board of license ciMn 
 sioners, and shall, after approval by tlu^ Provincial Secret 
 l)e paid into the license fund of the license district (jf 
 said city or town forms pai't; and in determining .sudi 
 of expenses the eonimissioners shall take into account' 
 otlier circumstances as far as may he the pionortion 
 expenses of tlie ilistrict inctirred in said city or town, 
 c. .S3, s. 4. 
 
 (li) When a license district is formed of part of ii cnuj 
 whicli the second part of The Ca/nadii Teiii/icranci' Ad 
 force, or of part of two counties in which the second il 
 the said Act is in force, or of part of a county in wliic 
 same is in torce and of a county oi- part of a county in i 
 it is not in force, tlm commissioners tor the distiicd 
 (sstimatc! tlu! amount of the expenses for the licrnaJ 
 required for any such disti'icl oi- portion of district in i 
 the second part of the said Act is in force as afoiVNiid 
 after approval thereof by the Provincial Secretary al 
 service of a copy or a duplicate thereof and of a nul 
 writinjj; ri^cpieslingpaymeMt ot thesaua', upon tliediiL 
 municipality, the amount so estimated and aiipmc^ 
 become due and payable into the license fund hy lU'i 
 at the time or times and in the same manner .is is pr 
 
 q mi: 
 
f "'"1 ' "T ; r 
 
 ,L. 
 
 [%. 152 (ll 
 
 iVf copy or dupWc 
 
 commlBHiotiers 
 I- or lUe Lifculeno 
 in ov for any couul 
 uai't of The Cam 
 Dvco, hI»hU be UH VI 
 i\m section meulioo 
 voviduil. 50 V. c, 
 
 iu\ \)ivvt of r/ie Ccm 
 \iic\» is not a hc.\m 
 licouHO c\\Hlvict \\\ w| 
 I, 3V)/iy^''rance ^cf, is i 
 Aie said Uceuse distil 
 u the county and {o^ 
 ci>u(\ v"'^'^"^ The Cat 
 10 wiiole or i»ayl tUt 
 I town, v»'H\>eclivp\y, 
 oi t\io Ucenso disina 
 sir.uv Hlr.vU l)e scvar 
 boiivd of license c.ffl 
 J (\w Vrovincial Secvetl 
 H'. lictMiHC district of w] 
 
 in (\i'tenninin[; hucli i 
 
 L\l i.xki' into accouutj 
 
 \),. t\»t>. \)vovovtioii 
 
 ,1 said city or toNvn. 
 
 Lned of part of a coir 
 
 luvh Te»<p<^nma' M 
 i„ Nvlucli tli« second V 
 
 l.t of a count,y in svla 
 ov part of ti county m 
 
 Inei's lor t\u- ^Ij^"- 
 L-nses fov ^l^e Ikvu 
 ■ (,rnou of aistnd in 
 
 Is in fovco as a{ov.'>;>i 
 
 tovivuAai Sccreuuy a 
 
 au-r*n)f and ot i 
 
 I Kl] MUNICII'ALITIK8 UNDER TKMPKRANOE ACTS. DH.'l 
 
 I vment of t/lw amount of tlio oKtiinatcH in other cuhoh, 
 
 II the same nmy 1»« rccoveiod by tlio board of coniiuiHiouci'H 
 I he license district aH in other cuses. 
 
 ,, ^yiiero u county has not paid un cstimato nuwlo before 
 
 k [!iis8ing of this Act in respect of any piirt of a county 
 
 I'l forms part of a liconso district, and wliich estimate 
 
 ' lieen iipproved and whore a duplicate or copy thereof has 
 
 served hh in tliis section mentioned, th« board of com- 
 
 inei'8 tor the licenHO district, of whicli said part of a 
 
 tv forms part may recover the aniomit of such estimate 
 
 'the county as in other cases. {</) 51 V. c. 30, s. 2. 
 
 153 A''^! **' ^^ further declared that the Lieuteni'.nt- i.iionie 
 irtmoiin Council shall have the same |)Owor and authoiity J'^J'Ji;,^, 
 wiue licenne districts wiien and wliero tlie second part of th« K. s, c. 
 \i(unoda Temperance Act is in force, as under this Act, force. 
 wheie license districts are not or liave not heretofore 
 cieiited or provided by the Lieutenant-Oitvernor in 
 nil litter the coming into force in any county or city of • 
 
 second part of the said Canada Teviperance. Act, the 
 use ilistricts have been since the Act pa.s.sed in the forty- 
 [tlivwirof Her Majesty's reign, chapter 27, and are and 
 JlbellieHanio as under this Act, immediately prior to the 
 m into force of the said second part of Tke Canada 
 
 II Ik following enactment is contained in r>l V. c. 30, sec. 3: 
 
 I) "Should the lines and penalties imposed under or by virtue of 
 
 |»rA»i/'«r(OH'(' Act of IS(>4, or the by-law bringing the wame in 
 
 lirtht' said ('a"«t/a I'cmperanreAcl, and which shall he collected 
 
 („vinil 1)C iiidulHuieiit to meet the expenses aforesaid at tor the 
 
 jtuiol the salary and travelling expenses of any jjoliie magistrate 
 
 huiitl iindei' the Act passed in the 48th year of Her Majesty's 
 
 lapter 17, and tlio Act passed in the SOth year of Her 
 ' . 1 _.i. ..11 ;ii e ii „ 1 1 . i.. .. 
 
 le siune, np*'" 
 
 the cl'vk 
 
 timatcd and ar\'>-| 
 le license fund by il:' 
 IsAUU'n.auuerabispl 
 
 stvsnigu, chapter 11, or eitiier of them, or luuler chapter 7- of 
 Jelwl statutes of Ontario, 1HS7, the Treasurer of the Province 
 iwy into the license fund, out of the e(msolidated revenue, a sum 
 Krtilingime-tiiird of the amount which the nuuucipality shall 
 iiiiml to [liiy for or on account of such expenses, aa aforesaid, 
 L,iil above the fines collected or recovered. 
 
 I "lli.tieisurer of the county or other uninicipality to which 
 laes arc i)ayal)le shall keep a separate account of the tines 
 fcl ami also of the 'amount paid or contributed by the numi- 
 lytoivanls the expenses of enforcing the Act, and the pay- 
 loiiliisulary and expenses of any police nnigi.strate a|ipoiuted 
 lairthy virtue of any of the Acts in this section hereinbefore 
 W'l; and the Province shall not, be called npon to pay any 
 
 ■tionol the expenses so long as there is a balance at tiie credit 
 
 liaid aci;ount." " 
 
,*4^Jr ■ \ :■■■ ■ '■ *'l ■'; '«\ 
 
 ¥:> 
 
 
 ;#"^*^N 
 
 5- ■^"' 
 
 il 
 
 TIIR MUNICIPAL MANUAL. r I 
 
 [«■ 153.1 
 Tnnprravco Act, uiiIohs, or wlioro tlio hiuho Imvo K, 
 sliall Imvo lu'oii, or hIihII Im jiHiMod oi- cliiiiwro,) i,y ,*',"' "f"' 
 council or oiliciwisc, and then uh tlmy Imvo lu'cii s '1^'" 
 or cliiin;^(>(l, and until further ordor in that Inhalf "r/?„ 1 
 l^ '\'\ u '> "^^ Vj 
 
 C, ililj H. tj, *■ 
 
 SCHEDULE A. 
 
 (Stu'iion ,W.) 
 KouM OK Mono iiy Arri.ioANT for a Tavkun [jcrvi,. 
 
 Know all iium hy tlicHo proHcntH, that wo 7'. f/., ir ,p 
 
 aiuJ A'. )'., of uro hisld aii<l lirmly |",o,„„i ,„|1 i' 
 
 M;ijt'Ht,y t^>iiccii Victdi'ia, Uor Wi'h'H and hiiccchho'cs, ji, d,,, ", "' 
 of .iJilOO of ;,'<)(i(!. iinil lawful moiuiy of (!ii.iii(lii tli.at is to siv tl' "^ 
 7'. [r., in th,. Huni of $'200, th(^ Haid T. 11'. , in Uu^ smii of §io('| 'JV^ 
 iiaid .Y. )'., in tin' HUin of iii!l()() of lilui ^'(lod iinJ Ijiwtnl imoIh.v f, ! 
 inont of wliich well ;ind truly to hi! niadu, wo l>in(l ourselves arid ".' ','^ 
 IS, onr hoir.s, oxi-cutorH and athniniHtrators, (iruily l)y tliese np' ( 
 
 paid .Y. )'., in tin' HUin of iii^KM) of liiui good anJI.iwtul 
 I 
 
 "'^' ■■— ; ' ■•■"■'.> i'.y uiest. jiicse 
 
 WluiroiiM tho al)ovo l)oundon 7'. //. is ',>' oul, to obtain a lici 
 Uoop a tav(>rn or Ixuiho of (Mitortiiininont in tlio ,,f 
 
 coMtiilion of till' .ililif^iition iHHUoli, tliiit if tlic. Hiiid T. V. imvsallfi 
 .'ind pcnaltioH which ho may ho oonch^nuic. to piiy tor miv oil 
 aji,'ain.st any Htatnto or other orovi.sion havin;^ tlio foice of l,,,,. 
 or horcaftiM- to ho in forco, rolativo to any tavoru or lioiiseef im 
 ontortiiinincnfc, ai>d (h)OH, juirforMiH and olwcrvoH all tlii! rKinirtm 
 thereof, and eonl'ornis to all rules and rej^'ulationH tlint. lue (nina 
 estahlished hy eoinix'ti nt authority in hucIi hehnjf ; then tliisolii 
 tion shall ho null and void, othtrwiHO to remain in full fnive v 
 and cIVect. 
 
 In witTiess whereof, wo have 8iKn(3d thcso pi-escnts with our 
 and Hcalod them with our seals, this tlay of , ^\\) |j 
 
 T. U. [I 
 V. ir. [|„ 
 A'. Y. [L, 
 Signed, sealed and th^Iivered | 
 in the presence of us. ) 
 
 U. S. O. 1877, c. 181,,SV//«/, 
 
 SCHEDULE 13. 
 
 {Section St.) 
 Form of Bono nv ArrncANT for a Shop License, 
 
 Know all men hy these presents, tliat we, T. U., of I', 
 A'. Y., of , arc heUl and lirinly bound mitaj 
 
 -^rj] 
 
 m 
 
 
^■\ ' 
 
 )K A Tavkhn Lut-nsk. 
 
 O. 1877, c. lBl,.SVy,i 
 
 i» ,n f!l FORM OP INKOUMATION. 
 
 I .iiniiof L'ooil ami lawful iiioiu<y of Catmdi tliat is (o hjiv, tlio H.iiil 
 
 If/'intli'"*""' «'f *•-*<»<>. «■'>" »■'«"• I'- "^- >" klx^ "<"n (.f,5l(i(), uM.I til.! 
 
 1 V r, ill ''"■ '^"'" "'^ $I<M) of liko good and Idwfiil inniioy, for 
 
 . .lit of vvlii'li well anil truly to lie iiiiido, wo Mud (Mir:t('lvoH and 
 
 il*y'"{„^ ,„ii' lii'irs, I'xouulora, and uilminiHtratorM, liniily l»y thon<j 
 
 ■joiits. 
 
 IP" 
 
 m 
 
 iliovo lioundoii T. U, is about to (d)taiii a liciinHo to 
 slidP wluMdin li(iuor may ho Hold l>y retail in tlm of 
 
 til,. iMiiiilitiou of thin oWlij,Mtion irt Huoli, that if the Maid 7'. //. 
 lim'H ;iiid iKUialtioH which \w may lio {MmdcMincd l<> iiay for 
 i^niiist any Htatuto or othor iirovisioii haviii;; l.lic tdico of 
 " in forco, rtMativo to any hIkio wh 
 
 lu-rcafter to h 
 
 IK^IUMII 
 
 nV4 ill 
 BV iiiri'lli'i 
 
 I- now or lu-rcatler ro I'o in lorco, iviaMvo to any hii(i| 
 I iriimV 1"' ^"'"' ''.y ''■'"''' •'^'"' ''""*<. piTfoi-niH and ohirrvi-H all tho 
 |,!i,(>i tlici'i'of, ami coiiforniM to all ruloH and I'ox'ilulionH that 
 !rm;iv '"' t'Ht.aliliHli(>d by rompotciit authority in hucIi hoiuilf ; 
 »„\liis(ilili''ati"" Miiall ho null and void, otluuwini! to remain in 
 viitiii' and ellfor.. 
 
 tul'i'i'. 
 
 Ilnw 
 
 iiosa wlioivof, wo have nij^ncd tlicMo prcH(>ntH with our hand:- 
 
 staled tlii'iu witii onr Hoals, thin day of 
 
 ltd, aealwl and dtilivcrod | 
 itliepiesmicu of us. j 
 
 7'. 
 
 r. 
 
 X. 
 
 A.I). 
 (I. il- 
 
 Y. 
 
 II- 
 
 II- 
 
 IH. 
 
 S.j 
 S.| 
 
 K. S. O. 1877, c. \M,Srl,r,l. n. 
 
 SOTtEDlTLPr 0. 
 
 (Sections 04 and lO.i.) 
 
 (JiNKHAii Form ok Inkoumation. 
 
 n\TAKii> \'V\\v. InI'-oioiation of /I. li. of tho '^<)un:^hip of 
 Itvo'Vork, [ Yorlv, in tho Cminty of York, LicruMc luspiMstor 
 to Wit: ) laid htiforo mo (J*. I). Polico Maj^idvati!, in and 
 Ic City of Ton-' to \or one of FIcr MajoHty's .Iiudii'cs of the; 
 ,iiuml for tiio (!ounty of York), tho day of A.h. 18 
 
 Maid iiifoniiiint says, ho ia informed and heliovoH tiiat A'. Y. 
 L (lay of A.I). 18 , at tho Township of York, 
 
 jCounty of York, unlawfully did soil liquor without th<! liconm! 
 [or !iy law required [^or oh the case may he — Sve formn in 
 
 V M 
 
 A. B. 
 
 jid signed before mo the' 
 land yoar, and at tho place 
 labove mentioned. 
 
 (;. I). 
 
 P.M. or J. p. 
 
 R. S.O. 1877, c. 181, Sched.C. 
 
 124 
 
 985 
 
 ,!('( 
 
 ■^ ". 
 
 ^^i 
 
 l^. 
 
 !;:'■. 
 
 ' i 
 
 .' ) 
 
 t I 
 
 if I' 
 
 ;J. 
 
[SCHED. 
 
 ' 
 
 986 THE MUNICIPAL MANUAL. 
 
 SCHEDULE D. 
 
 (Section 103.) 
 
 Forms for Describing Oitencks. 
 
 1. Neglecting to keep license exposed. (Section 47.) 
 
 • ' That X. Y. having a license by wholesale [or a. shon 
 or a vessel license] on at iinlawfully and 'wiin!*^*' 
 
 negligently) omitted to expose the said license in his wt i ^ ' 
 shop, or in the bar-room of hia tavern, or in the bar-salo^^ 
 cabin of his vessel," OS ^Ae case may fie. ] ' ' °"' 
 
 2. Neylecliug to exhibit notice of license. (Section 48 ) 
 " That A'. Y. being the keeper of a tavern [or iun or h 
 
 place of pnblic entertainment] m respect of which a taver T^ ' 
 has duly issued and is in force, on at uulawfullvVr' 
 
 exhibit over the door of such tavern [or inn, etc.,] in h/cr iV 
 the words, ' Licensed to sell wine, beer, and other 'spiritu-'^ i 
 mentcd liquors,' as required by The Liquor Lictnue Act." ""'"^'' 
 
 3. Sale without license. (Section 49. ) 
 "That A', r., on the day of A.D. 18 at 
 
 the County of unlawfully did sell liquor without the 1 
 
 therefor by law required." * 
 
 4. Keeping liquor without license. (Section 50.) 
 
 "ThatA'. r. on at ""^''^wfully did keep liq„or fori 
 
 purpose of sale, barter and traffic tlierein, without the liceii e tl* 
 for by law required." 
 
 5. Sole oj liquor on licensed premises during pr UUtd 
 (Sections 54 and 71.) 
 
 "That A'. Y. on at in his premises [or on, or on 
 
 or from, his premises] being a place where hquor mi'iy be i 
 unlawfully did sell [or dispo.se of] liquor during the time prdhl 
 by The Liipior License Act [or by by-law of the Municipal Crt 
 of or of the Lii'cnse Commissioners for the District of ' 
 
 as the cdse may Ix), i'or the sale of the same, without any renuij 
 for medical purposes as required by said Act being produued 
 vendee or his agent." 
 
 6. A llowing Iv/uor to he drunk on licenced prenmes durinij proi 
 hows. (Sections 54 and 71.) 
 
 " That A. F. on at in his premises, being a place] 
 
 liquor may be [or is] sold, by retail [or wholesale] uulawfiill 
 allow for permit] liquor to be drunk in such place dm ing th| 
 prohihitecl by The Liquor License Act for the sale of the sini^ 
 person other than the occupant, or some member of his faiiiilj 
 lodger in his house." 
 
 7. Side of less than threr-half pints under shop license 
 2 (3). 
 
 " Tliat X. Y. having a shop license on at unli 
 
 did sell liquor in less quantity than three half -pints. 
 
 «feag^ 
 
/IL. 
 
 [SCHED. Dj 
 
 3FFKNCKS. 
 
 (Section 47.) 
 ssale [or a shop, or a tav« 
 [^lawfully and wilfully ( 
 cenae in his •wareliouseJiJ 
 (• in the bar-saloou, or \ 
 
 e. (Section 48.) 
 tavern [or iun or house i 
 b of -which a tavern liceij 
 at unlawfully did : 
 
 [or inn, etc.,1 in lavoe ktti 
 •, and other apiritucius or f 
 quor Lktme Act.'' 
 
 ) 
 
 A.I). 18 at 
 
 jell liquor without the lie* 
 
 (Section 50.) 
 
 awfully did keep liquor for J 
 
 rein, without the Uccuse tV 
 
 ■Mises during pr hihM 
 
 hia premises [or ou, or ouj 
 lice where liquor m;iy be i 
 
 ,uor during the tune pnihil 
 -law of the Mumeipal l(f 
 loner.s for the Distnd of 
 Lc sanre, without any requi^ 
 
 said Act being produced v 
 
 iic(n^.e.dprem\mdamijvro^ 
 
 (his premises, being a placej 
 
 Ivil lor wholesale] u.UuvfuM 
 Ink in such place duimgthl 
 
 lift for the sale of tl>e «uud 
 ■"^.onle member of Ins famdj 
 
 |^,i„«.s und<r shop Ikmt. 
 
 i.enseon .at, -^^ 
 
 Ln three half-pi"t>=. 
 
 , pi FORUS FOR DESCRIBING OFFENCES. 
 
 <iale under wholesale license i» leas than wholesale qtiayUUiea. 
 Sections 2 (4). aud 51.) 
 
 "That A', y- having a license to sell by wholesale on at 
 
 unlawfully did sell liquor in less quantity than five gallons 
 
 than one dozen bottles of three half-pints each, or than two 
 tnbottlea of three-fourths of a pint each J." 
 
 Alloinng liquor to be connumed in shop. (Section 60.) 
 
 "That A'. 1 • having a shop license on at unlawfully 
 
 ' ,. ^ liquor sold by him (or in his possession), and for the sale 
 
 ■hch a license is required, to be consumed within his shop [or 
 
 iMnthe building of which his shop forms part, or, within a build- 
 
 ■ hitli conmiunicates by an entrance witli his shop], by a pur- 
 
 1?*rof such liquor [or, by a person not usually resident within the 
 
 iSdiDg of which such shop forms a part.]" 
 
 Allowing liquor to be consumed on premises under wholesale 
 
 ^e. (Section til.) 
 
 ■ That A'. Y- having a license by wholesale, on at 
 
 kwfuUy dii^ allow liquor sold by him [or in his possession for sale] 
 I a for the 8n.le of which such license is required, to be consumed 
 
 Uin his warehouse [or shop, or within a buildiu« which forms 
 it of ((""is appurtenant to or which conimunicateH by an entrance 
 Imth a warehouse or shop, or premises) wlierein an article to be sold 
 
 I disposed of) under such licenHC, is sold by retail (or wherein 
 
 lere is kept a broken [package of an article for sale under such 
 
 icense)]." 
 
 11, llhjal sale by druggists. (Section 62. ) 
 
 "That X. Y. being a chemist [or druggist] on at <Jid 
 
 ilawfuUy sell liquor for other than strictly medicinal purposes [or 
 « |j|,jj„j. iu packages of more than six ounces at one tmie without 
 
 iMrtitioate from any registered medical practitioner, or sell liquor 
 lithout recording the same], as required by The Liquor Lictnae Act." 
 
 12. /%«' *«'fi under vessel license. (Section 59.) 
 |"ThatX. Y. being authorized to sell liquor on a vessel called the 
 Lirto/i on at unlawfully did sell [or dispose of J liquor 
 fbe cousuined by a person other than a passenger on such vessel 
 
 le in port [or unlawfully did allow liquor to be consumed on such 
 iclduiiiig the time prohibited by 'J'he Liquor License Act for the 
 
 lie of the same, without any requisition for medical purposes, as 
 
 kiredby said ActJ.'" 
 
 Ilo, Keeping a disorderly house. (Section 79. ) 
 
 I'That X. Y. being the keeper of a tavern [or ale-house, or beer- 
 
 jise or house of public entertainment], situate in the City [or 
 
 |fu,or Village, or Township], of in the County of on 
 
 iu his said tavern [or house] unlawfully did sanction ior allow] 
 
 pbliiig, [or riotous, or (.liaordetiy conduct] in his said tavern [or 
 
 \i Harbouring constables on duty. (Section 80.) 
 j'Tliat X. Y. being licensed to sell liquor at on unlaw- 
 
 jaud knowingly did harbour [or entertain or sulfur to abide and 
 uiii on his premises] 0. J'. , a constable belonging to a police 
 
 987 
 
 i'-; 
 
 ',■*'■ 
 
 r "1 
 
 ii'AA 
 
 \'- ' 
 
 
 IS ;: 
 
 r^^..;:- 
 
 • I 
 
 1 « 
 
 M'! 
 
 :i i! V 
 
988 
 
 ff';-:- 
 
 
 THE MUNICIPAL MANUAL. 
 
 INCHED. B, 
 
 force, during a part of the time appointed for his heing on 1 
 
 not for the purpose of quelling a disturbance or restorin ' " i ' "'"^ 
 
 executing hi# duty." '"8 order, o, 
 
 15. Cowpromimui or compoiindinr/ a pro»eaitton. (Sectio 
 "That X. Y. having violated a provision of Th Lkiuo I 
 Act on at unlawfully did compromise [or iiJ^.onS'^^ 
 
 settle, or oiier, or attempt to compromise, compound o?' «'ff 
 
 offence with A. /J., with the view of preventing any 
 
 being made in respect thereof [or with the view of 
 
 getting rid 
 
 "."Pl^iintl 
 
 of stopping, nr of having the complaint made in respect th- - V 'i' 
 missed, a/t the case may be], " "'i 
 
 16. Beimj concerned in compromisintj a prone.cntlon, (Sect' ti i 
 " That A'. }'. on at unlawfully was conccnieil in r 
 
 party to] a compromise [or a composition, or a settlementl f 
 offence committed by O. /^, against a provision of Tim r 
 Licenne Act." ' W 
 
 17. Tamperhif/ with a initness. (Section 84. ) 
 '•That X. Y., on a certain prosecution under The IJrnwr fr. 
 
 Act, on at unlawfully did tampor with 0. P. a J!'"* 
 
 in such prosecution before [or after] he was suniinonud loV-aiii)'.'!* 
 as such witni'ss on a trial [or proceodiiigj under tlie sai(l h'^ 
 unlawfully did induce, or attempt to induce 0. /'., ;i witness ii^ J 
 prosecution, to absent himself, o>' to swear falsolyj." '^^ 
 
 18. Refudntj to mlmit policemon, (Section VM).) 
 
 "That X. Y. on the at being in [or having charcei 
 
 the premises of 0. P., being a place whin-e liquor is sold |f,>. ,-^1 
 to be sold], unlawfully did refuse [or fail] to admit [or did o'Jt 
 or attempt to obstruct] E. F., an officer deninnding to eiitLTml 
 execution of his duty [or did obstruct or attempt to ol),sinict /'•' 
 an oflficer making searches in said premises, and in the prumiiiesc 
 nected with such place]." 
 
 19. Officer refn-sivf/ to prosecute. (Sections 12(3 and 134.) 
 •'That X. Y., being a police officer |or constable, or liiMwctoj 
 
 Licenses] in an<l foi' the 'I'ownship of York, in the County of v1 
 knowing that 0. P. had on at committod an oM 
 
 against a provision of 77te Liquor License Act, unlawfully andl 
 fully did and .still does neglect to prosecute the said P fori 
 
 said oli'eiice. 
 
 R. S. O. 1877, c. m,MdDl 
 
 SCHEDULE E. 
 
 (Section 103.) 
 
 Form of Information for second, third, or fourth off; 
 
 Ontario, "j The Information of A. B., of etc, Li] 
 
 County of York, V Inspector laid before me C. JJ., Police )i 
 
 To Wit : J trate in and for the City of Toronto [or d 
 
UAL. |,SCHED.D„^HSCBBD. 
 
 (Sections 129 and m.\ 
 
 ,, lor constable, or [^m^ 
 
 York, in the County «l \« 
 
 coiinnitteil m\ otfej 
 
 rosecute the 
 O. 1877, c. 181,. ^cW.. 
 
 F.] 
 
 SUMMONS TO WITNESS. 
 
 « vfaipstv's Justices of the Peace in and for the County of York], 
 J^'^^%of ,A.D18 . 
 
 Tl said Informant saya he is informed and believes that X. T. 
 
 ' at [describe last offence], 
 
 ' \ (1 further that the said X. Y. was previously, to wit : on the 
 
 I'^dav of December, A. D. 188G, at the City of Toronto, before G. 
 
 In V lice M=>L'i8trate in and for the City of Toronto [or at the 
 
 If- Jt!;, of York, in the County of York, before K F. and G. H., 
 
 It Her Majesty's Justices of the i'eace for tlie County of York], 
 
 iTronvicted of having on the 30th day of November, 1886, at the 
 
 IvT (.of Aurora in the County of York, unlawfully sold liquor 
 
 r'ut the license therefor required by law [or as the case may be]. 
 
 . 1 further that the said X. Y. was previously, to wit : on the 
 
 (Kr'hV of November, A.D. 1886, at the Township of Vaughan, in 
 
 r I'mutv of York, before, etc. [as in preccdimj parutjraph], again 
 
 tl unviuted of having on the 10th day of November, A.D. 1886, at 
 
 1 wualiip of Etobicoke, in the County of York, having a shop 
 
 t " uulawfidly allowed liquor to be consumed within a building 
 
 rr'cominunicates by an entrance with his shop, by a person not 
 
 Uv resident within the building of which such shop forms a part 
 
 .^^iikamMaybt]. 
 
 I i 1 further that the said X. Y. was previously, to wit : on the 
 
 Iv of October, A. D. 1886, at the Town of Newmarket, in the 
 
 \ if York before, etc. (.see above), again duly convicted of 
 
 I .- ou the 25th day of Septemlier, A. D. 1886, at the Village of 
 
 a ill the County of York (being in charge of the premises of 
 
 p a place were liquor was reputed to be sold), unlawfully failed 
 
 .i,',;t /<; F,, an ollicer demanding to enter in the execution of hia 
 
 fcaaty 
 
 again.st 
 
 I admit i/. 
 
 1 the Informant says the offence hereinbefore 
 ist the said X. Y., 'is his fourth offence 
 
 iiwe Ad. 
 
 and signed before me the day' 
 and at the place first 
 
 firstly charged 
 The Liquor 
 
 A. B. 
 
 |ad year, 
 Mve mentioned. 
 
 0. 
 
 D. 
 
 J. 
 
 R. 
 
 P. 
 
 S. 
 
 0. 1877, c. 181, Sched. E. 
 
 ,^1,, THIBD, OH FOURtH OF. 
 
 c X ]l, of etc, Lij 
 
 SCHEDULE F. 
 
 {Section 103.) 
 Summons To Witness. 
 
 PSTAKIO, ) 
 
 jty of York, > To J. K., of the City of Toronto, in the County 
 lioWit: ) of York, 
 leieas, information lias been laid before me, C. D. , one of Her 
 
 989 
 
 f- 
 
990 
 
 THE MUNICIPAL MANUAL. I ScHED V i 
 
 Majesty's Justices of the Peace in and for the County of V t 
 Police Magistiate for the City of Toronto), that X. Y b 
 druggist, on the 10th day of January, A. D. 18 , at the To ^"''i,' 
 of Vaughan, in the County of York, unlawfully did sell lie " f" 
 other than strictly medicinal purposes, and it has been m 7 
 appear to me that you are likely to give material evidence on bpl 
 oi the prosecutor in thia behalf. * 
 
 These are to require you, under pain of imprisonment in 
 Common Gaol, personally to be and appear on Tuesday the ik 
 day of January, A.D. 18 , at ten o'clock m the forenoon, at the T • 
 Hall in the Village of Richmond Hill, before nie, or such Justi "'* 
 Justices of the Peace as may then be there, to testify what vou '^l 
 know in the premises [and also to bring with you and there and til 
 to produce all and every invoices, cash books, day books 
 
 or] 
 
 and receipts, promissory notes, or other security relatine to^tK 
 purchase or sale of liquor by the said X. Y. , and all other books 
 papers, accounts, deeds, and other documents in your possess'"' 
 custody or control, relating to any matter connected with the '"vl 
 prosecution], '"'1 
 
 Given under my hand and seal this 12th day of January A D )»| 
 at the Village of Richmond Hill, in the County of York. ' ' ' '■ 
 
 CD., 
 
 '^■P- (L.S,) 
 K S. O. 1877, c. 181, Sched, F. 
 
 SCHEDULE G. 
 
 
 iSI 
 
 if.:: 
 
 {Section 103.) 
 Form of Conviction for First Offence. 
 
 Ontario, ) Be it remembered that on the 6th day I 
 County of York, [January, A.D. 18 , at the City of Toronto/ 
 
 To Wit : J the said County of York, X. Y. is convici 
 
 before me, G. D. , Police Magistrate in and for the City of Toroa 
 (or before us, E. F. and if. H., two of Her Majesty's Justices 
 the Peace, in and for the said County), for that he the said A'. }', i 
 the 2nd day of January, A. D. 18 , at the Township of York, in'l 
 said County, in his premises, being a place where liquor may be s 
 unlawfully did sell liquor during the time prohibited by Tk Lk 
 License Act for the sale of the same, without any requisition; 
 medicinal purposes as re(iuired by said Act, being produced by I 
 vendee or his agent {oi' an the case may be), A . B. being the infornJ 
 and I {or we) adjudge the said X. Y., for his said offence to forfeitij 
 pay the sum of $20, to be paid and applied according to law, andi 
 to pay to the said A . B. the sum of $6 for his costs in this belli 
 and if the said several sums be not paid forthwith, then* I (w 
 order the said sums to be levied by distress and sale of the goj 
 and chattels of the said X. Y., and in default of sufficient distre^^ 
 that behalf* \pr where the issuing of a distress warrant vovli 
 riiinous to the defendant and his family, or it appears that he htb 
 
UAL. [^SCHED. P.^BSCBKD- H.J 
 
 rORM OP CONVICTIONS. 
 
 the County o! York 
 ito), that A. Y., beinB i 
 D. 18 , at the Townahii 
 iwfuUy did sell liciuot 
 and it has heen made 
 Qaterial evidence on beha 
 
 n of imprisonment in th 
 pear on Tuesday, the 16tl 
 m the forenoon, at the Tow 
 jfore me, or such Justice ( 
 re, to testify what you sha! 
 with you and there and tha 
 books, day hooks, or ledgei| 
 ler security relating to tlS 
 Y. , and all other hooka an 
 luments in your possessio* 
 ;er connected with the 
 
 2th day of January, A.D. Ig] 
 County of York. 
 
 CD., 
 
 J. P. (L. S.) 
 
 1877, c. 181, ScMJ., 
 
 E G. 
 
 )3.) 
 
 i FiBST Offence. 
 
 ERED that on the 6th c , 
 
 at the City of Toronto,! 
 
 of York, X. Y. is conviJ 
 
 1 and for the City of Toroil 
 
 of Her Majesty's Justices I 
 
 for that he the said X. Y.,\ 
 
 It the Township of York, in P 
 
 ■jlace where liquor may be soj 
 
 itime prohibited by T/ieti(|l 
 
 e without any requisition! 
 
 d Act, being produced by I 
 
 he) yl.ii. being the inform^ 
 
 ior his said offence to forfeit 
 
 Iplied according to law, and i 
 
 'sfi for his costs in this beU 
 laid forthwith, then* I (or < 
 hiatress and sale of the gj 
 ; default of sufficient distid 
 lo/- a dUtrcsff warrant mi^ 
 Uy or it appears that k hH 
 
 . igf^on to levy a diatreaa, then inatead of the wordu between the 
 is** ita>y " inasmuch as it has now been made to appear to nae 
 
 ^^^\ thiit the issuing of a warrant of distress in this behalf 
 !lou8 to the said X. Y. and his family," or " that the . 
 
 10 goods or chattels whereon to levy the said several sums 
 
 g in I (or we) adjudge the said X. y. to be imprisoned 
 
 '■ lit hard' labour {or with hard labour, aa the case may he\ in the 
 
 n 
 1 the costs and charges of conveying the said X. Y. to the said 
 
 , , n Gaol for the County of York, at Toronto, in the said County, 
 ^ttTere to be kept for the space oljifteen days, unless the said sums 
 
 tamon 
 
 ]aol, shall be sooner paid. 
 
 I r' en under my hand and seal \pr our hands and seals] the day 
 first above mentioned, at the City of Toronto, in the 
 
 liy aforesaid. 
 
 CD., 
 
 orKF. 
 J. P. 
 O.H., 
 J.P. 
 
 (L.S.) 
 Police Magistrate. 
 
 (L.S.) 
 
 (L.S.) 
 R. S. 0. 1877, c. 181, Sched. G; 44 V. c. 27, s. 26. 
 
 SCHEDULE H. 
 
 (Section 103). 
 
 Form op Conviction for a Third offence. 
 
 1 Ontario. ) Be it Remembered that on the 22nd day of 
 
 inty of York, [ January, A.D. 1887, in the City of Toronto, in 
 
 I To Wit: ) the said County, X, Y. is convicted before the 
 
 liersi<med C. D. , Police Magistrate in and for the City of Toronto, 
 
 [the "said County [or C 3. and E. F., two of Her Majesty's 
 
 Ves of the Peace in and for the said County], for that he, the 
 
 |X. r., on the 30th day of December, A.D. 1886, at the City of 
 
 kto [or Township of Scarboro] in said County (aa the case may 
 
 Itavinc violated a provision of The Liquor License Act, unlaw- 
 
 id attempt to settle the offence with A. B., with the view of 
 
 the complaint made in respect thereof dismissed. And it 
 
 arinf to me [or us] that the said X . Y. was previously, to wit : 
 
 ie loth day of December, A.D. 1886, at the City of Toronto, 
 
 \K etc. duly convicted of having, on the .SOth day of November, 
 
 fi, at the Village of Aurora, unlawfully sold liquor without 
 
 license therefor by law required. And it also appearing to me 
 
 is] that the said X. Y. was previously, to wit : on the 28th day 
 
 jovember, A.D. 1886, at the Township of Vaughan, before, etc., 
 
 hn) again duly convicted of having, on the 2nd day of Novem- 
 
 [A,D. 188G, at the Village of Markham, being the keeper of a 
 
 isituatein the said Village of Markham, unlawfully allowed 
 
 ; in his said tavern (or aa the case may be). 
 
 991 
 
 [I .( 
 
 !-f 
 
 
 M 
 
 '!' 
 
 I I 
 
 .!.;l 
 
 !! ;•: 
 
 ! 'A 
 
 m- 1 
 
 V; t 
 
 ;:l 
 
992 
 
 THE MUNICIPAL MANUAL. \Uq„ 
 
 I [or we], adjudged the offence of said X. Y. hereinb'f 
 mentioned, to he liis third ofifenoe against The Linuor Z' "^^ ''"*'' 
 (A. B. being the informant) and I {or we], adjudged the ^'^^T *^^I 
 for his said third offence to be imprisoned in the ('onim ^' ^1 
 the said (^ounty of York, at Toronto, in the said Coiu't "f v' *** 
 there to bo kept without hard labour [or with hard hiU ^"■'''ij 
 ease may be] for the space of three calendar months tny. °"'^' i"* '^1 
 may be). ^^ "* "i'- C(M«| 
 
 Given under my hand and seal [or our hands and aealal fi, 
 and year first above mentioned, at Toronto, in the County f v''*'i 
 
 ^•^- (L,S?" 
 
 or 
 
 R. S. O. 1877, c. 181, Sched. H 
 
 r.D. 
 E. L. 
 
 44 V. c. - 
 
 (L. s.) 
 (L, S.) 
 
 ', 8. 26. 
 
 SCHEDULE I. 
 
 {Section 103). 
 
 Warrant of Commitment for First Offence where p 
 
 IS Imposed. ' " ^^''^ 
 
 !*< 
 
 m ■: 
 
 fV ;-U'.! 
 
 Ontario, ) To all or any of the Constables or other IV 
 County (if York, > Officers in the said County of York and t t 
 
 ToVVit: ) Keeper of the Common (iaol oV the 
 
 County at Toronto, in the County of York. 
 
 Whereas, X. Y., late of the City of Toronto, in the sdtl Con 
 was on this day convicted before the undersigned, (; £> p 
 Magistrate in iind for the City of Toronto [or (f. J), and ^'v 
 of Her Majesty's Justices of the Peace in and for the City of" Tor 
 or County of York, {as the case niay be)] for that he, the said \ 
 on at unlawfully did sell li(juor without the lied 
 
 therefor by law required (state offence as in (he coiirirtm) {A 
 being the informant), and it was thereby adjudged that the'saii 
 }'. , for his said oflFence, should forfeit and pay tiie sum of 
 conviction), and should pay to the said A. B, the sum of foi 
 costs in that behalf. 
 
 And it was thereby further adjudged that if the said several l 
 should not be paid forthwith the said X. Y. should be imnrisond 
 the Common Gaol of the said County at Toronto, in the said Co' 
 of \''ork, there to be kept at hard labour [or without hard labom 
 the case may be) for the space of , unless the said several i 
 
 and the costs and charges of conveying the siid A'. }'. to tU 
 Common (iaol should be sooner paid. 
 
 And whereas the said X. Y. has not paid the said several i 
 or any part thereof, although the time for payment thereoj 
 elapsed. 
 
 [I/a distress warrant issued and ivas returnod no ijoods, 
 sufficient goods say, ' ' And whereas, afterwards on the loth i 
 
JAL. [SCHED.H.^BSCB"'' 
 
 J.l FORM OP WARRANT OP COMMITMENT. 
 
 . Y. hereinbefore litstlyl 
 The Liiiuor Liceim A(L\ 
 wljuclged the saW X, Y.\ 
 in the Common Gaol o|| 
 le aaid County of York,! 
 with hard labour, n« thil 
 ,r months (or as the caul 
 
 hands and seals] the dnj 
 o, in the County of Yorli 
 C. X). (L. 8.) 
 or 
 
 C. D. (L, S.) 
 E. L. (L. 8.) 
 
 i • 44 V. c. 27, 8. 20, 
 
 1 I. 
 
 3). 
 
 ; Offence whure aPenau 
 ). 
 
 lie Conataldes or other Ve_ 
 lid Ccmnty of York, aii<\ tot 
 C!ommon (iaol of the 
 ork. 
 
 Toronto, in the said Coun 
 he undersigned, (;, D., N 
 [onto [or C. D. mv\ E. F.A 
 ein and forthe Cityof Toroj. 
 L,)] for that he, the said X J 
 Lu liquor witliout the hc«i 
 ]fic an ill the cohrktm], [A. 
 •ebv adjudged that the said! 
 and pay the sum of (oil 
 A. iJ. the sum of lot! 
 
 Led that if the said severaU 
 II \ Y. should be unpnsonti 
 \j at" Toronto, in the said Co^ 
 Lur (or without hard labouf 
 1 unless the saul several i 
 lying the said X. Y. to thej 
 
 Lot paid the said several i 
 'time for payment thereoj 
 
 \l was returnHl no .joo<U 
 afterwards ou tliu bth i 
 
 A, D. 1887, If the said Po'iceMagistrate (or we, tho said 
 I Jmtic'-' ; •, _^ tn lew the said several sums of and by 
 
 |jjaa»ryi v^'^^^j jj ^J^J,fa,,^t to the said Oonstablcs or Peace Officers, 
 
 ■ ' ^' " ~ "' ' ' an' '" 
 
 and onle of tho goods and cliatteia ot tlie said X Y, 
 
 of tliem, to levy the said several sums of 
 **"''« and sale of the goods and chattels of the said X 
 ,1* ,(i whereas it appears to mo (or us) as well, by tho return of 
 II warrant of distress by the Constable who had tho execution 
 n'r'Liine as otherwise, that tho said ('onstable has made diligent 
 I h for tho goods and chattels of the said X. Y., but that no 
 
 ■ . „j; distress whereon to levy tho said sums could bo found."] 
 
 (ft the UKidng of a dintreuM warrant would he. riiinoun to the 
 
 i) lull and his faimlu, or if it appearn that he, has no (foods whereon 
 
 ailidrcss, then, instead of the fore ijolwj recitals of the issue and 
 
 I ,„„, ,)/■//(« ilMress warrant, e.tc., say : 
 
 III 
 of 
 
 .> And whereas it has been made to appear ' 
 „;„(, uf a warrant by distress in this behalf 
 Y. and his family," o) 
 
 liiUlllg 
 
 that 
 
 »no {or us), that tho 
 
 would l»e ruinoua to 
 
 the said X. Y. has no 
 
 *1 f chattels whereon to levy tho aaid sums by distress," «» ^/tr, 
 
 pie ))!«!/ ''^]- 
 
 Tl se are therefore to command you, the said Constables or Peace 
 ^ '^* )!• any one of you, to take the said X. Y. and liim safely 
 
 feer.i, 01' 
 
 lork, 
 
 the Common Gaol aforesaid, at Toronto, in the County of 
 lid there deliver him to the said Keeper thereof, together 
 nUtliis precept. 
 
 ,1 J (,„• we) do hereby command you, the said Keeper of the said 
 H'onii'W" Gaol, to reeeive the said X. Y. into your custody in the 
 liCoimuon (Jaol, there to imprison hiin and keep him for the .ipaoe 
 without hard lal)our or with hard labour as the, case, may be) 
 esjtliesaid several sums and all the costs and eliargcs of the said 
 ,,j aimmntinf,' to tlie sum of , and of tlie commitment 
 
 fon'vuyin,^' of the said X. Y. to tho said Connnon Gaol, amount- 
 to the further sum of shall be sooner paid unto you the said 
 per and for so doing this shall be your sufficient warrant. 
 ivea under my hand and seal (or our hands and seals) this 
 oi A. D. 18 , at Toronto, in the said County of York. 
 
 C. D. (L.S.) 
 
 or C. I). (L.S.) 
 
 E. F. (L.S.) 
 
 R. S. 0. 1877, c. 181, Sched I; 44 V. c. 27, s. 26. 
 
 SCHEDULE J. 
 
 (Section 103.; 
 uxT OF Commitment fob Second (or third) Offence, where 
 
 PUSISilMENT IS BY IMPRISONMENT ONLY. 
 
 BsiARio, ) To ALL or any of tlie Constables and other Peace 
 ht)- of York. > OIBcers ;n the said County of York, and to the 
 po Wit : ) Keeper of the Cummon Gaol of the said County, 
 brontoin the County of York. 
 
 [hereasl. 7., late of the of in the said County, was 
 
 125 
 
 993 
 
 »n 
 
 ^'r 
 
 '\\ 
 
 I'ffi • :l 
 
 ,: I 
 
 : ■ • A' 
 
 < 
 
 M-I-l 
 
994 TIIK MUNICIPAL MANUAL. rQ«» 
 
 INCHED. J. 
 
 on this day oonvioted before the undersigned C. f),, etc 
 and E. F., etc., an in preceding form); for that he the '•, ^' A 
 on at {i^tateojffence. with pre.vlom convictions (M,f^' ^• 
 
 the ronviction/or the aer.ond or third offence, or an the cow m k^ '" 
 then proceed thtts): '•And it was thereby adjudged thaf tK « '"'"' 
 the said X. F.. hereinbefore Hrstly mentioned, was hi, ''""f 
 
 third) offence against The Lupior Licence Art, {A. // be'**'"'!!' ■"'^ 
 
 formant). And it was thereby further adjudged that th " r" 
 Y., for his said second (or third) offence should he imF«' /'^ 
 the Common Gaol of the said County of York, at Toront • '" 
 said County of York, and there to bo kept without hard lah '" """ 
 with hard labour a-j the case may be) for the space of fhi-o^ "l"^ '"' 
 months." "*" '=*'""lar 
 
 These are therefore t'> command ^ou the said Constables 
 one of you, to take the said X. Y. and him safely convey to th' "'•J J 
 Common Gaol at Toronto aforesaid, and there deliver him /'fil 1 
 Keeper thereof, with this precent. And I {or wo) do hereby comm I 
 you, the s<iid keeper of the said Common Gaol, to receive the si M* I 
 y. into your custody in the said Common Gaol, there to imn I 
 him and to keep him without hard labour {or with hard labour dw'/ju I 
 ease may be), for the space of thn-o calendar months. j 
 
 Given under my hand and seal {or our hands and seals), this 
 day of A. D. 18 , at Toronto, in the said County of York 
 
 O.D. (L.S.)' 
 
 or C. D. (L.S.) 
 
 E.F. (L.S.) 
 
 R S. O. 1877, c. 181, Sched. J ; 44 V. c. 27, s. 26 
 
 
 m 
 
 m. 
 
 m 
 
 m 
 
 SCHED 7LE K. 
 
 (Section 132.) 
 
 Form of Deolaratiok of FonrRiTtTRK Axn of Order to mi 
 
 Liquor seized. 
 
 If in conviction, a,ffer adjiidginr) penally or imprisonmrnt, as i 
 Schedule O, proceed thus : 
 
 "And I [or we] declare the said liquor and vessels in which 1, 
 &ame is kept, to wit : two barrels containing beer, three jars cnntal 
 ing whiskey, two lx»ttles containing gin, four kegs containing lai 
 beer, and five bottles containing native wine, [or an the cm n 
 be], to bo forfeited to Her Majesty, and I [or we] do hereby orj 
 and direct that T. D., License Inspector of the City of Toronto j 
 /. P. W., License Inspector of the Ea^^t Ridimj of the County of Yn 
 do forthwith destroy tlie said liquor and vessels. 
 
 Given under "my hand and seal the day and year first above i 
 tioned, at, etc. 
 
 1/ by separate or subsequent Order : 
 
 "County of York, ) We, E. F. and O. H., two of Her Majei 
 To Wit ; \ Justices of the Peace for the County of I 
 
 
;al. 
 
 [SCHEO. J. 
 
 ,8cflW>. 
 
 :. M.] 
 
 CONSENT TO TRANSFER OP LICENSE. 
 
 oA 0. f)., etc., (or O.J). 
 
 that ho the naid X. y. 
 covvietinns a» tit forth in 
 or «■■' the. ca«« mai/ 5«, nnd 
 ijuAgeil that the offence ol 
 ined, waa hi« second (or 
 
 i4.ct, {A. /?. heingthein- 1 
 [\ judged that the laid X. ' 
 
 shovdd \)e iraprigoned m 
 York, at Toronto, in tlic 
 )t without hard labour [w , 
 \Q space of three calendw ' 
 
 lo Bftid Constables, or My 
 im safely convey to the jm4 
 i there deliver him to th« I 
 I {or wc) do hereby command 
 I Gftol, to receive the said .\, I 
 )n Gaol, there to imprijonl 
 ir {or with hard labour w im 
 ndar months, 
 ir hands and seals), this 
 ; the said County of York. 
 
 CD. (L.8,) 
 1 or C. D. (L.8.) 
 
 E.F. (L,S.) 
 
 ^_ j;44V. c. 27,».26, 
 
 32.) 
 
 IV, Asn OF Order to destrcj 
 
 I7.ED. 
 
 >malty or tr/ipmonmen(, (W | 
 
 fiouor and vessels in which i 
 taning beer, three prsconta^ 
 Sn four kegs contaminglal 
 
 fve wine, [or as j^e «« j 
 
 IT for wel do hereby cii 
 
 Sr'i the City of '1—1 
 
 and vessels, 
 day and year first ahove. 
 
 ''J^ H twoofHerMajw 
 l^Pefce for the County ofl 
 
 I n n Police Magistrate of the City of Toronto], havina on the 
 '''i, 1 v of March, 1887, at the Township of Hcarborough in said 
 ISth <»»yj^. ^^jjjyjjj^gj X, y. of having nnlaw fully kept liquor for 
 1 ''"""^'hout license, do hereby declare the said liquor and vosscla in 
 r 'Kthesame is kept, to wit: — [dfucribe the name aft ahove], to be 
 I'j 'f d to Her Majesty, and we [or I] do hereby order and direct 
 jlorlcitey ^^ License Inspector of the East Riding of the said 
 ll* f« do forthwith destroy the said liquor and vessels." 
 
 ander our [or my] hands and seals, this 17th day of Maroh, 
 ^nTs at the Township of Scarborough in the said County. 
 
 E. F. [L.S.] 
 or a. //. [L.S.] 
 CD. [L.S.] 
 
 44 V. c. 27, Sched. K. 
 
 SOHEDULK L. 
 {Sectiom 23 and 24.) 
 
 hRM FOR DESCRIBING OFFENCES FOR SELLING, GIVING, OR KEEPING 
 OTHER LIQUOBS BY HOLDER OF BeER AND WlNE LICENSE. 
 
 |"That X. Y, being the holder of a Beer and Wine License, on 
 
 did unlawfully sell [or give, or keep for sale] other liquor 
 Ji is authorized by his license, in the bouse and upon the premises 
 Iwhich such license has been granted." 
 
 44 V. 0. 27, Sched. L. 
 
 SCHEDULE M. 
 (Section 37.) 
 
 iTlSIOSAL CONSENT TO TRANSFER OF LICENSE BY THE INSPECTOR, 
 fpLSDIN'OTHE DECISION OF THE BoARD OF COJIMISSIONERS. 
 
 [pursuance of section .37, sub-section 2, of chapter 194 of the 
 led Statutes of Ontario, I hereby consent that the Licensee 
 id in the annexed license, his assigns or legal representatives, 
 Brovisionally transfer the hereunto annexed license, and all his 
 leir interests therein to 
 id by him subject to all the provisions of the said Revised 
 r; the written consent to such transfer by the Board of Com- 
 mers, to be hereafter obtained within the time prescribed by law. 
 
 iedthia day of A.D. 188 . 
 
 Inspector. 
 
 -This provisional consent shall remain in force for 
 torn the date thereof, and no longer. 
 
 Countersigned, 
 
 ComDiUnoner, 
 
 44 Y. 0. 27, Sched. M. 
 
 ' Hi 
 
 99.5 
 
 *'■ ■ i 
 
 
 'i'l 
 
 I \[ 
 
 '*- I 
 
 t ' S v: 
 
 ll 
 
 if 
 
 i . l' 
 
 ;-t 
 
 ■,: I 
 
99G 
 
 THE MUNICIPAL MANUAL. 
 
 M.' 
 
 if 
 
 . ' •'t- 
 m 
 
 R. S. 0. cap. 196. 
 
 An Act to regulate travelling on Public 
 Highways aud Bridges. 
 
 f0 
 
 HER MAJESTY, by ,uul with the .ulvice an.] consent J 
 tho Logishitivo A«HCiably of tho I'roviuco of Unt I 
 
 HiailWAYS. 
 
 Ciirriagoa 
 mvvtliig to 
 (IriTe to the 
 ri»;l>t. xivlnti 
 bHit the 
 ruttd. 
 
 ^I'ingtiponiiliiglnvayj 
 more horscis. or .,„o . 
 
 CarriaK«8 
 OTurtakt'D to 
 turn to tho 
 right. 
 
 1. In case a pcison travelling or being in 
 charge of a vehicle drawn by one or more horses or oi 
 more other animals, meets another veliiele druwii .wutdi'. 
 he shall turn out to the right from tiie centre of t'ln 
 allowing to the vehicle so met one-half of the road i{ s 
 1877, c. 18;3, s. 1. ■ ■ 
 
 2. In case a person travelling or being ujion a liij,'|i\vay| 
 charge of a vehicle as aforesaid, or on liorsebjiuk°is IvJ 
 taken by any vehicle or horsennin travelling at ;,'icai(nsi> 
 the person so overtaken shall cjuietly turn out to the ni 
 and allow the said vehicle or horseman to pass K S i 
 1877, c. 183, s. 2. ' "l 
 
 3. In the case of one vehicle being met or overtaken! 
 another, if, by reason of the extreme weight of the load! 
 either of the veliicles so meeting or on tlie vehicle so o| 
 taken, the driver finds it impracticable to turn outusafoiea. 
 he shall inmiediately stop, ar.'d, if necessary for the bafeti 
 the other vehicle, and if required so to do, he shall assist] 
 person in charge thereof to jjass without damage. K 
 1877, c. 183, 8. 3. 
 
 Penalty on 4. In case a person in charge of a vehicle, or of ahon 
 too drunk^ U) ^t^^^" animal used as the means of conveyance, travellin 
 manaite being on a highway as aforesaid, is, through drunken 
 ther jorscB. y^g^j^ig ^^ drive or ride the same with safety to other peo 
 travelling on or being upon the highway, he shall incui 
 penalties imposed by this Act. R. S. 0. 1877, c, UU 
 
 Driver 
 
 unable to 
 turn out is 
 
 to 8t0(>, 
 
ii(Wiceaiu\cons(;\\tr 
 I'luviucc ulE Uutavio,! 
 
 ..f met ov ovevtakenj 
 ''wciglit of Uie 1( ■ 
 fou the veliicle so ol 
 letoturuoutusaforeai 
 Icessary fov the bafetf 
 I to tlo, he sliall assistj 
 Lout damage. K." 
 
 M 
 
 TRAVELLING OS IIIUIIWAYH. 
 
 997 
 
 1 . Wq porsnn shnll raoo with or drivo furiously any horso u.icinn, 
 
 ;;^..S;o upon any highway. U. S. O. 1877. .. 183, b. 5. nfc. 
 
 I A Kvpry pwson travelling upon a highway with a sleigh, .^'ixinh Iiomm 
 iS'orciirinlo, drawn hy horso or nuih«, shall Imvc at h^ast '"'"" '"•"*• 
 ,»o'bi'lls attached to tho hurness. U. S. (). 1 877, c 1 S:\, s. 0. 
 
 BUI DOES. 
 
 7 Kvpry per,son who has tho sup(!riiit«>n 
 „pnt of liny '»•'<'«" «^xw'»'<li»g thirty fee 
 
 Mulonco and nuiiuige- Notlto to ij« 
 Mit 01 liny '»•'"«" «'A.;.-.H.u.y .....vj, .wt iu Irt.gth .shall };;'g,|," 
 I seto l)f put "P '^*^ *^"*^'' *^"** thorcot, conspicuously placed, 
 \m lt'gi''ly printed, in the following form : 
 
 .. inv poison or porson-s riding or driviii|j on or over tluH bridge i.„rm of. 
 
 f /icr nti' tli.ui a walk wdl, on coavietioa thereof, be subject to 
 iw 113 m'ovitlud by law." 
 '"''^"' ' R. S. O. 1877. c. 183,8. 7. 
 
 g, In cnse a person injures or in any way intoifere-s with [1?","'';^ "'' 
 hiotieo b'* nil"'" incur a fine of not less than .^1 nor more ii''fn<'in«f 
 
 5^! to he recovered in the same manncu' as other ""''' """'"• 
 •iltirs Imposed by this Act. 11. S. O. 1877, c. 18.3, .s. 8. 
 
 ifl If wliile such notice continues up, a jter.son rides or Fast driviir^ 
 ivfsa lioiHO or other beast of burden over such bridge at a fJr'biiMo*''"' 
 Icet'isitcr tlia i a walk, he shall incur the penalties imposed 
 „1,H Act. R. S. 0. 1877, c. 183, s. I). 
 
 RECOVERY AND APPLICATION OF PENALTIKS. 
 
 0. In cuses not otherwise specially provided for, if any Pennity fur 
 
 soil contravenes this Act, atid such contravention is duly f^g*[i"j7Act. 
 
 ived by the oath of one credible witness, before any 
 
 iticoof the Peace having jurisdiction within the locality 
 
 re tlio otlence has been committed, the offender shall 
 
 penalty of not less than $1 nor more than !$20, in the 
 r. ^L. T.._i.: ...:4.i. ^«.,4.,. T> ii i\ io'7r - 
 
 R. S. O. 1877, c. 
 
 icreiion of the Justice, with costs 
 
 ,9.10. 
 
 \\. If not paid forthwith, the penalty and costs shall be To J^c en- 
 led by distress .and sale of the goods and chattels of thedistrew/ 
 ader under a warrant signed and sealed by the convicting 
 Mice, and the overplus, if any, after deducting the penalty 
 Icosts and charges of sale shall be returned, on demand, 
 lie owner of the goods and chattels. R. S. 0. 1877, c. 
 UU. 
 
 i i 
 
 ' ; \i\ 
 \ 1 
 
 ■ li 
 
 % 
 
 ! 1 
 
 
 t: 
 
 ■ 1 
 
 
 
 ! 1 
 
 h 
 
998 
 
 Or by impri 
 aoument. 
 
 THE MUNICIPAL MANUAL. 
 
 Not to bar 
 action for 
 damages. 
 
 Application 
 of penalties. 
 
 lM2. 
 
 12. In default of payment of distress the offender 
 
 by warrant signed and sealed as aforesaid, be imnri a^ 
 the common gaol for a period of not less than one rl*^* ^ 
 more than twenty days, at the discretion of the j*^?** 
 unless the fine, costs and charges are sooner paid p ^o^% 
 1877, c. 183, s. 12. ^ ' ^" ^ 0. 
 
 13. No such fine or imprisonment shall be a bar f 
 recovery of damages by the injured party before any C *'" 
 of competent jurisdiction. R. S. O. 1877, c. 183 s ]'{ '^^ 
 
 14. Every fine collected under this Act shall be ri 
 the treasurfci- of the local municipality or place in wn k 
 offence was committed, and shall be applied to tho 
 purposes thereof. R. S. O. 1877, c. 183, s. U. ^^'^^^ 
 
 R. S. 0. cap. 196. 
 
 IV I 
 
 4. 
 
 An Act exempting certain Vehicles, Horses , 
 Cattle from Tolls on Turnpike Roads ' 
 
 HER MAJESTY, by and with the advice and coi 
 of the Legislative Assembly of the Provina 
 Ontario, enacts as follows : — 
 
 Kxemptioi) 1, Officers, non-commissioned officers, and men oB 
 
 certain" " '" Volunteers, being in proper staft* or regimental unij 
 
 c-ases. dress or undress, and their horses (but not when passif 
 
 any hired or private vehicle, unless when on duty on 
 
 ceeding to or from the same), (a) shall be exempt Ira 
 
 (a) The defendant coming iu a private carriage to a ., 
 refused to Day on the ground that he was in uniform and ai 
 of the military train, and was tlierefore exempt. Being broi^ 
 laefore a magistrate, he claimed exemption under The ihti( 
 and was convicted for wilfully passing the gate without | 
 Held, that the convio.tion was proper, for by TheMtUimiAi 
 c. 5, 8. 72, he was exempt only if on duty, of which there] 
 evidence, and being in a private vehicle he was expressly i 
 from exception under Con. Stat. U. C. c. 49, s. 91. Reg. v, 
 
 'mm*^ 
 
 ■^^^J 
 
atresa the offender aWu 
 n-esaid, be imprisoned ia| 
 ot less than one day norl 
 liscretion oi tbe Justice,! 
 ire sooner paid. R. S, 0.] 
 
 ent shall he a bar to tl> 
 
 L-ed party before any Cou 
 
 O. 1877, c. 183, b. 13. 
 
 r this Act shall be paid i 
 inality or place in wnick f 
 U be applied to the gene^ 
 [7, c. 183, s. 14. 
 
 EXEMPTION FROM TOLLS. 
 
 999 
 
 or 
 
 ne 
 
 ment of any duty or toll on passing any turnpike or toll- ' 
 K nr anv road, wharf or landing-place or bridge in this 
 iCince. R. S. O. 1877, c. 184. s. 1. 
 
 n All nersons going to or returning from Divine service Personi 
 
 J. All j'vi °^xj. i-i*j • 1 •.! going to o 
 
 any Sunday or statutory holiday, in or upon and with retu*ning 
 lirown carriages, horses, or other beasts of draught, and J'^^^^^wTi 
 1 their families, and servants being in or upon and with exempted 
 *^1 carriages, horses, or other beasts of draught, .shall pass ''""™ '""• 
 rilfree through every turnpike or toll gate on any turnpike 
 J J ttiroufh which they may have occasion to pass, whether 
 h tiirninke road and the tolls thereon belong to the Pro- 
 ce or to any local or municipal authority, or body of 
 -tees or commissioners for local purposes, or to any incor- 
 .atpd or unincorporated company, or to any other body or 
 Z. R- S- 0- 1877, c. 184, s. 2. 
 9 tin vehicle, laden or unladen, and no horses or cattle Vehicles, 
 
 0- ^'" , • , • ^ 1 1 T • 1 1 cattle, etc., 
 
 \mmK to the proprietor or occupier of any lands divided using road 
 
 when a farm 
 
 cap 196. 
 
 Vebicks, Horses, 
 
 on 
 
 Tuvnpite lloads ^Khti 
 
 ,d with the advice and d 
 fissembly of the Provmj 
 
 Led officers, and inen ofl 
 r ^.ff or regimental vmJ 
 
 r unless when on da y j 
 .),' (a) shain^ejxennA^t'^i 
 
 thatbewasmv^nvt A 
 
 therefore exe"ip^^^,,^^^y^^^^^ 
 
 led exen)Vtion urn ^.^ 
 
 TT P c 49,8. 
 
 bat. U. '•'• ^- ^ ' 
 
 U]QH(riiig 
 
 any turnpike road, shall be liable to toll on passing ;j.^,^^^ ^^ 
 
 ,jj any toll-gate on such road (at whatever distance the the road. 
 Ime may be from any city or town) for the sole purpose of "KVln" 
 
 from one part of the lands of such proprietor or 
 
 ;upiei' to another part of the same : Provided such vehicle, 
 
 jses or cattle do not proceed more than half a mile along 
 
 turnpike road, either in going or in returning, and are 
 
 such road for farming or domestic purposes only. R. 
 
 0'l877,c. 184, s. 3. 
 
 Every vehicle lade'i solely with manure, brought from Vuhicies, 
 city, town, or incorporated village in this Province, and^'ftf,'*''" 
 iloyecl to carry manure into the country parts for the I'.n^sing from 
 wes of agriculture, and the horse or horses, or other towns" 
 Itot' draught, drawing such vehicle, shall pass toll f ree J^^""^!'' f'*"" 
 lUffh every turupike-yate or toll-gate on any turnpike or 
 stiliiiuized road within twenty miles of such city, town, or 
 irpated village, as well in going from such city, town, 
 hcorporated village as in returning thereto, if the vehicle 
 ^1 empty. R. S. O. 1877, c. 184, s. 4. 
 
 Act shrdl not extend to any toll bridge, the tolls Application 
 
 Aden 
 manure 
 
 his 
 
 iliich are vested in any person otlier than the Crown. 
 
 of Act. 
 
 1, 0. 1877, c. 
 
 184, s. 
 
 91. HA 
 
 C. Q B. 3.S3 : Held, also, that the conviction could not be 
 led on the ground of his being on duty as the exemption had 
 
 len claimed on that aceount. lb. 
 
 
 I' 
 
 w '1 
 
 mm^ 
 
 I ;i 
 
 mh[' 
 
1000 
 
 THE MUNICIPAL MANUAL. 
 
 I 
 
 
 ^■^ii 
 
 [8.U 
 
 B. S. 0. cap. 197. 
 An Act respecting Double Tracks in Snow Hoal 
 
 s. 
 
 HER MAJESTY, by and with the advice anrl 
 _ of the Legislative Assembly of the ProvincTI 
 Ontario, enacts as follows : — '''' 
 
 interpreta- J. In this Act, the word " Team " shall be taken b 
 
 •teaiu." a vehicle drawn by one horse or other animal, or a ?• ^''"l 
 
 number of horses or other animals, as the case raav it bT 
 
 S. O. 1877, c. 185, a. 1. '"^ ' H 
 
 uTdT may 2. The county council of each county may provide, by by. 
 ss by-laws law, for the making of a double track, during the spi,; i 
 
 County 
 counci 
 
 pa; 
 
 for nuikiiis 
 
 douhia 
 
 tracks on roads within the county, whether county muls 
 
 roads durinpr , ., , i • i i — - - 
 
 Blei^'hillg suc;h council deems advisable. 
 
 season. 
 
 Nature of 
 tracks, 
 
 Right of 
 road. 
 
 sleighing in each and every year, upon such public or leadii 
 
 ' 'lier county roads or not 
 R. S. 0. 1877, c. 18.5, s.\ 
 
 3. Whenever a county council has passed such a bv-laj 
 the double track to be made shall be so made that tean 
 shall 1)0 able to pass without being obliged to turn out wis 
 meeting each other. R. S. O. 1877, c. 185, s. 3. 
 
 4. The right hand track shall always be that in wliick 
 team shall he required to travel, and if any person is drivii 
 liis team in the wrong track, it shall be his duty to have t 
 same whenever he meets another team rightfully eutitledi 
 use such track. R. S. O. 1877, c. 185, s! 4. 
 
 Duties and 
 powers of 
 
 masters. 
 
 5. A county council may also provide, by by-law, tkt pal 
 
 pathuiasters masters («) appointed by township councils shall cause] 
 
 roads on which double tracks are to be made to be kept oa 
 
 for travel within their respective municipalities, or in 
 
 (a) A path-master is "an officer or person fuIfilHng a public dJ 
 within the meaning of Rev. Stat. c. 7.S, s. 1, and for anythintr ( 
 by liim in the performance of such public duty he is entitled" 
 protection of the statute ; hut where, professing to act as a pol 
 officer, he seeks to promote his interest by some act, he disentf 
 himself to the protection of the statute and may be proceeded agi 
 for such act as if he was a private individual. Stalker \, Tom 
 of Dtiimich, 15 O. R. 3i2. 
 
 
,cksmSnowTloa(lsJ 
 
 Q 1 DOUBLE TRACKS IN SNOW ROADS. 
 
 3. O'J 
 
 f of there being no such path-masters available, may 
 *^ oint road-masters to perform that duty ; and such path- 
 ' ters or road-masters shall have full power to call out 
 ^ oiis liable to perform statute labour, to assist in keeping 
 f* gyglj roads within their respective municipalities, and 
 "P „jyg to such persons as may be employed in so doing, 
 
 tificates of having performed statute labour to the amount 
 f the flays' work done, and such work shall be allowed for 
 " ich persons in their next season's statute labour ; and 
 
 h county council may also provide for the application by 
 ' -h township council of so much of the commutation of 
 statute labour fund as may be necessary for the keeping 
 
 |oi)en 
 
 1001 
 
 such roads as aforesaid within their respective munici- 
 
 . always be that in v,M 
 and if any person mlmil 
 
 t team rightfully entaled 
 c. 185, s. 4. 
 
 l\,ip councils Mean el 
 £e to bo made to be kept oi 
 I ve mumcipalities, or ui 
 
 i^J^^rc duty he is entitled 1 
 
 H'?bvso^eact,hedisen^ 
 Iterest by «orn ^^^^^^^^ 
 
 ling 
 
 Jides. (b) R. S. O. 1877, c. 186, s. 5 
 
 ft Til the event of a township council neglecting or ref us- if township 
 to keep such roads open for ti'avel as mentioned in the inakTiracks, 
 next preceding section of this Act, the county council shall «^7>'y««y 
 , Jjtied to do so, and to impose upon the township so in impdse a 
 , fj^^it a rate sufficient for that purpose, and such rate shall "*^®- 
 I levied and collected in the manner provided by The Rev. stat. c. 
 limment Act as to the collection of county rates. R. S. ^^^• 
 [0,1877,0. 185, s. 6. 
 
 1 7. Any person who is liable to perform statute labour, and j^'«;^^'^y '<*' 
 Lfiises or neglects to turn out and work under any path- lefusini; to 
 Easter or road-master who warns him out for that purpose p„7h. "'"'" 
 I , ^.jjg authority of this Act, shall be liable to a fine not musters. 
 Lgdincr $20, nor less than $1, over and above costs, and 
 lease of non-payment, to imprisonment for a term not 
 dinff twenty-one days. R. S. O. 1877, c. 185, s. 7. 
 
 IQ Anv nerson travelling in the wrong or left hand track, V'enaityfor 
 
 |0' A'v r , ,• I 1 .1 1 .1 travelluiKOtt 
 
 y refusinc or neglecting to leave the same when met by a i,.ft hand 
 Bon who°is travelling therein with his team as of right, l';:^^;;^^^^ 
 all be liable to a penalty of not less than $1, nor more turn out. 
 \L^20 over and above the costs of prosecution, and in 
 e of non-payment, to imprisonment for a term not exceed- 
 r twenty-one days. R. S. O. 1877, c. 185, s. 8. 
 
 ( See sec. 87 et seq. of The Assessment Act. 
 
 m <i^ii 
 
 
 u 
 
 126 
 
1002 
 
 THE MUNICIPAL MANUAL. 
 
 [U. 
 
 B- 8. 0. cap. 198. 
 
 
 H 
 
 An Act respecting Snow Fences. 
 
 ER MAJESTY, by and with the advice and m 
 the Legislative Assembly of the Pro -" - ^^^"'"^ 
 
 
 evince of Out 
 
 iario, 
 
 Councils 
 may require 
 owners or 
 occupants 
 «f land to 
 remove 
 fences ; 
 
 Making com- 
 pensation 
 therefor. 
 
 enacts as follows 
 
 1— (1) The council of every township, city tow 
 incorporated village shall have power to require ow ^' ^^ 
 occupiers of lands bordering upon any public hi^hwav !' 
 take down, alter, or remove any fence found to^c 
 accumulation of snow or drift so as to impede or obstr ^f T 
 travel on the public highway, or any part thereof, ancUh^ 
 such power is exercised they shall make such comi)en r 
 to the owners or occupants for the taking down alte^^f' 
 or removal of such fence and for the construction of 
 
 Rev. Stat. e. 
 184. 
 
 Erection of 
 wire feucus 
 on lands 
 bordering on 
 highways. 
 
 other description of fence approved of by the council ' l" 
 
 of the one so required to be taken down, alte'prl al ..L '' 
 t. i. 11 J 1 .'..^■^"> 01 lemon 
 
 as may be mutually agreed upon ; and if the council and 
 owners or occupants cannot agree in respect to the compei 
 tion to be paid by the council, then the same shall be setll 
 by arbitration in the manner provided by J'hg j/,, •• 
 Act, and the award so made shall be bi.iding upon all m i 
 44 V. c. 26, s. 1. ' ^ '■' 
 
 (2) Where, in a township, the owners and occupiintsofi 
 the lands bordering upon the side of a public highway wij 
 the jurisdiction of the council of the municipality or iil 
 so much of the highway as either extends from fionttoi 
 of any conces.sion or lies between any two side line rni 
 petition the council of the township to pa.S3, under the] 
 visions of this section, a by-law requiring the ownersj 
 occupiers to erect and maintain a wire fence between] 
 lands and the highway, the council shall have power toi 
 the same, and to provide that tlie fence shall be so eri 
 and maintained by the owners and occujiants on and i 
 the highway, at a uniform distance not exceedin" six 
 from that side thereof on which the lands border asafoii 
 and that every such owner and occupant shall have the! 
 to occupy and enjoy so much of the highway as slif 
 
UAL. [t. \, 
 
 38. 
 
 low Fences. 
 
 ■I '. : ( I 'P.; 
 
 , 1 SNOW FENCES. 
 
 S O.J 
 
 tuate between the fence when erected, and his land bor- 
 " ring upo^ *^® highway, so long as the fence is by him 
 
 aintoined, as by the by-law may be required ; and in every 
 "" h case the right to occupy and enjoy a part of the highway 
 ''^'aforesaid, shall be in lieu of and a full satisfaction of all 
 ^ ion which, under any other provision of this sec- 
 
 1003 
 
 , 
 
 t !V 
 
 the advice and consent ofl 
 f the Province o{ Ontario, f 
 
 township, city, town, ot 
 tvrev to require owners otj 
 an any P^^^ic highway, t<| 
 . fence found to cause ai^ 
 as to impede ov obstruct tij< 
 
 any P''""^ thereof, andwkr( 
 ^11 make such comvensalioi 
 
 the taking down, alleratid 
 or the construction of son 
 >ved of by the council, in lil 
 ten down, a\teved,onW 
 \n- and if the council and ii 
 
 ■ee' in respect to the compew 
 
 then the same sIvaU be settl 
 
 , pvovid-d by The Mumj 
 liaUbebi.idinguponallpavtl 
 
 Le owners and occupants oj 
 side of a public higlmy.m^ 
 l\ of the municipality, or tt 
 
 tli.T a «!« i«"" '«='"" 
 La and .«»!"'' »»;*. 
 
 *? _%^ould require to be made to the owner or occupant, and 
 if the same had been agreed to by him : Provided always 
 *? , under the provisions of this sub-section no highway or 
 
 rt of a highway shall be reduced to 
 ^ 'our feet in width : 
 ,ses of this Act, the d 
 u 11 be taken as the time from which the two months men- 
 
 or made less than 
 kv four feet in width : Provided, moreover, that for all 
 ""'"■ P xi.:„ A -f the date of the passing of the by-law 
 
 purposes of this Act, 
 
 shall be taken as the . 
 
 . ^ Jq section 2 of ^.his Act shall be computed. 49 V. c. 
 
 , Power in 
 
 iO, s. 1. 
 
 A ju case the owner or occupant shall refuse or neglect ^^^ ^^ 
 
 . take down, alter, or remove the fence and to construct neglect or 
 
 ijnch other fence as required by the council, the council may, |iwS«or* 
 
 fter the expiration of two months from the timo the com- occupant to 
 iMUsationto be paid by the council has been agreed upon fences' 
 or settled by arbitration, proceed to take down, alter, or **''"*''®^- 
 I remove the old fence and construct the other description of 
 Ifence which has been approved of by the council, and the 
 Lmount of all costs and charges thereby incurred by the 
 Iwuncil over and above the amount of compensation agreed 
 opon or settled by arbitration, may immediately be recovered 
 tfrom such owner or occupier, by action in any Division Court 
 lavin*' jurisdiction in the locality, and the amount of the 
 ud^nient in favour of the municipality obtained in such 
 [;ourt shall, if not sooner paid, be, by the clerk of the 
 iiimicipality, placed upon the next collector's roll as taxes 
 ainst the lands upon or along the boundaries of which the 
 Ijnce is situate, and after being placed upon the collector's 
 11 shall be collected and treated in all respects as other 
 Lte imposed by by-laws of the municipality ; when a tenant 
 /occupant, other than the owner, s'^all be required to pay 
 ie aforesaid sura, or any part thereof, the tenant or occupant 
 nv deduct the same, and any costs paid b}' him, from the 
 pt payable by him, or may otherwise recover the same, 
 iless the tenant or occupant shall have agreed with the 
 yiorJ to pay the same. 44 V. c. 26, s. 2. 
 
 The council of every township, city, town, or incor- Power to 
 kted village .shall have power, on and after the 15th day undl**" 
 
 It I 
 
 :' t ! 
 
 •i ir.) 
 
 . (j; ,. 
 
 1 !fc' 
 
1004 
 
 THE MUNICIPAL MANUAL. 
 
 of November in each year, to enter into and upon anv 1 
 of Her Majesty, or into and upon any Itinds of auv / 
 tion or person whatsoever, situate within said townshi ^^^' 
 town or village, and lying along any road or public h)uh^^^' 
 in or adjoining any such municipality, and to erect and? 
 maintain snow fences thereon, subject to the pavn 
 such damages (if any) as may be actually suffered 1 - ii 
 owner or owners of the lands entered upon the nm 
 thereof to be ascertained, if not mutually agreed ""* 
 
 v.^^v-,^. vv^ ^^ M.„v.^»v„ — ^^, .^ ...-^ ...»v..„.,^ "greeu upon U 
 Rer, Stat. c. arbitration, under The Municipal Act: Provided ai ' 
 
 that such ."^now fences so erected shall he removed' ^^' 
 before the 1st day of April following. 49 V. c. 40 s 2 °'^ 
 
 
 m^^ 
 
 
 B. S. 0. cap. 199. 
 
 An Act to provide for the crossing of Railways bj 
 Streets, Drains, and Water Mains 
 
 Short title, s. 1. 
 ArrLiCATioN of Act, ss. 2, 29, 30. 
 Interpketation, s. 3. 
 
 POWKKS AS to roads, DRAINS, AND 
 WATER MAINS ON RAILWAY 
 LANDS, SS. 4, 5, 23. 
 
 Plans and notices, ss. 6-8. 
 Execution of works, ss. 9-19. 
 Reference to Commissioner of 
 Public Works, ss. 11-16. 
 Compensation to company, ss. 
 
 20-22. 
 Rapairs of street crossings, s. 
 24. 
 
 Drains anil water pipes, s. m 
 
 MAINTAINIiNU LEVELOF HIGHWA 
 
 8. 25. 
 Maintaimn(j level of u\m 
 s. 25. 
 
 Railway not to BEiNjcEEoi 
 26. '■ 
 
 Highways to be subject to m 
 
 way Act, s. 27. 
 Rights of railways presert 
 
 s. 28. 
 Service of notices, s. 31. 
 Provisions of municipal Ac 
 
 TO HKUIWAYS to APPIV, sj 
 
 '^j> 
 
 Short title. 
 
 HER MAJESTY, by and with the advice and con| 
 of the Legislative Assembly of the Provino 
 Ontario, enacts as follows : — 
 
 1. This Act may for all purposes be cited as " The 
 way Streets and Brains Act." 45 V. c. 21, s. 1. 
 
J At. 
 
 [i.%. 
 
 CROSSING RAILWAYS BY STREETS, ETC. 
 
 1005 
 
 to and upon any lands 
 f lands of any corpora- 
 \\\\\ said township, city, 
 voad or public highway 
 ly, and to erect and to 
 ,ect to the payraent oi 
 actually suffered hy the 
 teved upon, the amount 
 utually agreed upon, by 
 jlcf- Provided always, 
 tjball be removed on ot 
 ng. 49 V. c. 40, s. 2. 
 
 IP- 1^9- 
 
 crossing otKataysl)! 
 id Water Mains. 
 
 Drains and water pipes, 5. 24.1 
 
 MAlNT!lN..Ol.UV.I.0rKAH 
 
 BAXtw'lv m>T TO BE mm^i 
 
 HXG»tAVS'rOBKg«V,CTT0.| 
 
 BIGHTS OF BA^L^v^^«^'^^^^^^ 
 l"^* the ad™« »'' H 
 
 ..5.] 
 
 2 This Act and tlie respective provisions thereof apply to p/'J^jt***''"' 
 very railway and railw^ay company in respect of which the 
 wislature of Ontario has authority to enact such provisions. 
 45Y c. 21, s. 2. 
 
 Where the following words occur in this Act, they shall i"terpreu. 
 , construed in the manner hereinafter mentioned, unless a 
 contrary intention appears : 
 
 1 « Railway Company " shall include the owner or lessee 
 f any railway, and the contractor working or operating the 
 
 # 
 
 2 « Council " and " Municipality " shall respectively have J^«»" ^*'*'" "* 
 the meaniu'^ assigned to them by The Municipal Act ; 
 
 3 '< The Kail way " shall have the meaning assigned there- j^*'- stat 0. 
 ^i^ The Railway Act of Ontario ', ^^' 
 
 4 « Highway " shall mean and include any public high- 
 Tfty, road, street, lane, or way ; 
 
 5 " Notice " shall mean a notice either wliolly written or 
 I printed, or partly written and partly printed. 45 V. c. 
 
 lV.3. 
 
 A The council of any municipality may pass by-laws for Power to 
 
 iKtablishiiig, opening, making, preserving, improving, main- for mBking, 
 
 ainjng, widening, enlarging, altering, diverting, or stopping- *J^;' '■°'''^' 
 
 within the limits of the municipality, any highway or 
 bublic drain through, over, across, under, along, or upon the 
 i?ay and lands of any railway company, and for entering 
 fcpon, breaking up, taking, or using such land in any way 
 xessary and convenient for the said purposes ; but subject 
 J such terms and restrictions as are in this Act contained ; 
 md provided always that such highway or drain is, under 
 [e provisions of The Ifunicijial Act, within the jurisdiction ^g^' *"**' "' 
 [such council. 45 V. c. 21, s. 4. 
 
 1 5, The council of any municipality may also pass by-laws And for 
 r laying down in, through, across, under, or along the rail-Jjl^^'r^,n^° 
 jiy and lands of any railway company, any main pipe {"> railway 
 Wing or necessary to any water-works which the corpor- 
 bnofthe municipality is authorized to construct, and for 
 mng upon, breaking up, taking or using any such land 
 [any way necessary or convenient for the said purpose, but 
 Wet to the terms and restrictions in this Act contained, 
 fv, c, 21, s. 5, 
 
 5-; 
 
 * % 
 
 ' t- 
 
 1 ;' 
 
 .1 
 
 (•*! 
 
 rii 
 
 t; 
 
 ; I'y. 
 
.*)'« 
 
 1006 
 
 Pl»li« to b« 
 prepHn>(l 
 and notice 
 RireB to I 
 company. 
 
 THE MUNICIPAL MANUAL 
 
 6. Before the final passing of any such by-law the 
 nhall procure plans and estimates in detail, with 
 
 council 
 proper 
 
 specifications of the work intended to be carried out u i 
 such proposed by-law, copies whereof, with notice of the ^^ 
 loosed by-law, shall be given to and served upon the rail ° 
 company whose railway or lands are to be affected or ente *^ 
 itpon. 45 V. c. 21, s. 6. 
 
 liequisites of 
 
 7. Where it is intended by such by-law to authorize th 
 cMe of ^ opening, widening, altering, enlarging, or diverting of I 
 ShwaV liighway without the same being carried over the railway b 
 which is uot .^ bridge, or under, by a subway or tunnel, such nUna 1 ^ 
 over or un- lications and estimates shall, amongst other things prov'l 
 for such of the following matters as in the * " ' * 
 council are necessary in connection with such 
 
 f liana, etc, 
 n 
 
 der railway. 
 
 pla 
 ngs 
 opinion of the 
 such openine 
 widening, altering, enlarging or diverting of such hiahwav 
 that is to say : " ^' 
 
 1. 
 
 to be laid on either side and between the 
 rails of the track of the railway, so as to permit of the ! 
 
 Planking 
 
 Rev 
 
 170. 
 
 being easily crossed at any place within the travelled wicjtli 
 of such highway, and so as that the upper level of the said 
 planking shall be, as nearly as practicable, level with the ton 
 of the said rails ; ^ 
 
 2. The construction of a cattle guard at each side of the 
 highway where it crosses the railway, suitable and sufficient i 
 to prevent cattle and animals from getting on the railway 
 
 3. The erection of fence'} upon the sides of such highwa 
 from the line of the fences on each side of the railway up to! 
 the cattle guards, and of the height and strength of an ordin- 
 ary division fence 
 
 Stat. c. 4. The erection of such sign boards as will be a compliance! 
 with sub-section 4 of section 29 ot The -Railway Act of\ 
 Ontario. 45 V. c. 21, 
 
 ffiwiMor 8. Where the work intended to be carried out under any| 
 water pipes, such by -law is in respect of a drain or water pipe, the pla 
 and specifications shall, amongst other things, shew the locaJ 
 
 tion of the drain or water pipe relatively to the railway, anii 
 shall also, where such work is in respect of a drain, shew 
 where an outlet is to be obtained, and the estimated maiij 
 mum discharge and flow of water and sewage. 45 V. c, 21| 
 s. 8. 
 
OROMINO RAILWAYS BT STREETS, RTO. 
 
 BV sicle and bet-ween tlie 
 ) as to permit of the same 
 /ithin the travelled widA 
 le upper level of the said 
 cticable, leveWith thetop 
 
 tniard at each sicle of the 
 ay, suitable and sufficient 
 getting on the railway; 
 
 the sides of such higli . 
 ch side of the railway up to 
 ght and strength of an ordin- 
 
 cards as Willie a compliance! 
 •9 oi The Eaihcay Ad 0/ 
 
 I to be carried out under anyl 
 lain or >N-aler pipe, the « 
 
 L other things, shew thelocaj 
 fce^atively to the railway, anifl 
 
 lin respect of a dram, sH 
 
 L, and the estimated majj 
 
 Per and sewage. 45V.c,21 
 
 ..12.] 
 
 A If the railway company within thirty days after the 
 V df the service of the copies and notice required to be 
 ved upon such railway company by section 6 of this Act, 
 
 , ^ the service of the copies and notice required to be 
 , jjot give to the council notice stating that the work 
 
 li'ected to by the railway company, and further stating the 
 " l^ij^js of objection, the council may proceed with the work 
 ^Ireeably to the said plans and specifications, but subject to 
 Inrovisions of The Municipal Act. 45 V. c. 21, s. 9. 
 
 1007 
 
 WhoM no f 3 
 objection 
 mudu within 
 thirty (layH 
 frnin HCl'Tice 
 of notice 
 counoll raay 
 prDceocl with 
 work. 
 
 lUv. Stat, e, 
 184. 
 
 Where work 
 Ih in r«»pect 
 ofahlghway.. 
 company 
 may do 
 work. 
 
 iVOl' 
 
 ■ tended to be carried out under the proposed by-law is 
 
 object' 
 gronn' 
 jjffreeii 
 jl,e provisions 
 
 10 Where the work intended to be carried out under 
 ch by-law is in respect of a highway, and the railway com- 
 
 '" within the said thirty days, gives notice to the council 
 
 t the railway company will itself execute the [)ropoaed 
 
 k at and for the amount estimated therefor as aforesaid, 
 
 , .yiiway company shall forthwith proceed with and execute 
 
 the proposed work in accordance with the said plans and 
 
 Mcitications, and shall be entitled to receive payment therefor 
 
 bra the municipality, according to the said estimate. 45 V. 
 
 21,s.lO. 
 
 11 The council and the railway company may mutually 
 we as to the point, mode and manner at or by which any 
 ch lii'^liway or public drain shall be so established, opened, 
 ade nnpvoved, maintained, widened, enlarged, altered, 
 verted, or stopped up, or such water pipe laid down, as the 
 le may be, in, through, over, across, under, along or upon 
 
 railway or lands of the railway company, or as to how far 
 to what extent the council, in the exercise of the powers 
 this Act conferred, shall be at liberty to enter upon, take, 
 use said railway or lands ; but in case they do not so 
 tualW arree, then no council shall avail itself of, or exer- 
 any of the powers by sections 4 or 5 of this Act con- 
 Led imless and until and only so far as the approval of 
 OomiiiisHioner of Public Works is first had and obtained 
 that behalf, upon application made to the Commissioner ^ 
 
 or on behalf of the said council ; of which application 
 iice shall, before the same is so made, be given by the 
 [noil to the railway company. 45 V. c. 21, s. 11. 
 
 [2, In case the railway company gives notice as aforesaid, Application 
 
 ithe proposed work, or the intended mode and manner of to commia- 
 
 onstruction or carrying out is objected to, and the coun- g^"g''Jj'jjg. 
 
 ad the railway company have not mutually agreed as in agreement. 
 
 st preceding section provided, the council may make 
 
 Council and 
 I'oiiipany 
 mav ai^reeas 
 to the mode 
 of making 
 mad, etc. 
 
 If no agroe- 
 mcrit, 
 
 approval of 
 cum mission- 
 er of public 
 works to be 
 obtained. 
 
 f , tt 
 
 \ !IM 
 
 U 
 
 i-'i L 
 
 <V ■ 
 
 ' I 
 
 l^ 
 
 ^im 
 
 I; 
 
 ii 
 
1008 
 
 TUB MUNIOIPAL MANUAL. 
 
 '•^nm 
 
 ^-f Mij^-,^,:r^^m 
 
 [«• 12. 
 application to the Conimiasiotier of Public Woiks as r • • i 
 
 in tho last preceding section, ami bhull theieunm. f .. "^I'''*'' 
 ^1 /-I . • " ./. , . /. ,, "F"" transmit, [(J 
 
 the Cormninsioner verified copies of all papers 
 
 council upon th 
 
 council. 45 V. c. 21, 8. 12. 
 
 council upon the railway company, or by tlio latter 
 
 Rsecution 
 of work it 
 approved. 
 
 13. If the Oomuiissioner of Public Works shall am • 
 and concur in the propriety of tlie proposed work h^^^ 
 executed according to said plans and speoificutious or .^"''' 
 inrj to some modification thereof, the sauio may lie ' 
 
 accordingly. 45 V. c. 21, s. 13. ^ '"'^"''^'^ 
 
 OoniiniH- 
 ■loner may 
 requii'o 
 
 14. 
 
 of the 
 
 The Commissioner of Public Work^, before disn ' 
 matter, may, if ho thinks fit, direct the liiHi)eofn!"1 
 
 pector 
 
 Md™.'.port!" yiiilways, or some other competent person, to examine tl.e 
 
 Payment of 
 ezpnnsug of 
 
 locality and make his report in regard to any matters wh' i 
 the Commissioner may direct. 45 V. c. 21, s. 14. "^' 
 
 »* «„»«»„. ^^" '^'^ expenses of and incidental to such application t I 
 appiicaUou. the Commissioner of Public Works, whether of the insce I 
 tion, or of the parties, or otherwise, shall l)e paid l)v t|,T 
 municipality or the railway company, as the ComiuissioiioH 
 may direct, and the Commissioner may assess and deten 
 the amount to be so paid,, and to whom, or may direct tlfc 
 the same shall be, in whole or in part, ascertained by one iti 
 the taxing officers of the Supreme Court of Judicature sulJ 
 ject to such directions (if any) as the Commissioner mav <m 
 45 V. c. 21, s. 15. ^^ 
 
 of'comint 16; T^e decision or certificate of the Commissioner , 
 sioner to bu Fublic Woiks shall be final, according to tho tenor and elFei 
 *^""' thereof; and it shall not be open to either or any pHityl 
 
 after such decision or certificate is made, to raise any qiiestioi 
 as to the regularity or sufficiency of any of the priori 
 ceedings directed by this Act or otherwise. 45 V c 'jl 
 s. 16. 
 
 iThTreoTct" 1"^' Where the proposed work is in res[)ect of a liigli,vai 
 of»iii)j;hway, and, upon being applied to as aforesaid, tlie Comiuissione 
 and plans, Pjjjjiic Works approves of plans and specifications therefo, 
 aforesaid, the railway company may, within ten daysof beii, 
 served with notice of his decision, serve a notice upon t| 
 council that the railway company will perform the workfJ 
 the price named in the estimate therefor, and tiie lailwi 
 company shall thereupon proceed with and execute tiie 
 proposed woi'k. 45 V. c. 21, s. 17. ^ 
 
 •to , are 
 approved, 
 company 
 may exccut 
 work 
 
IL. 
 
 [%. 12. 
 
 lie "W ovkH aH pvovided 
 olieveupou tiaiianut lo 
 . papcvH Horved \)y Uie 
 by the Utter upou the 
 
 Works 8\iaU approve uf 
 
 proposed work belu'^ 
 
 peciticatious, or accovil- 
 
 riamo may \)e executed 
 
 Wcrko, before dispos'm;; 
 direct tlie ins\)Cctor ii{ 
 person, to examine the 
 vcl to any ninltors wliiih 
 \r, c. 21, 8. U- 
 
 ,ix\ to s\»c\i application to| 
 CH wluitlvcv of tlie iuspec 
 vise, siiall be paid \)\ tlie] 
 ny, as tire Comr.iissiouer| 
 may assess and detennim 
 ^hom, or may direct thiit 
 art, ascertained by one ofl 
 Court oi Judicature, suV 
 le Comn\issi()ner may giva 
 
 of the ConniUAsionev 
 .f\{n» to tiio tenor and effei 
 >u to eitlier or any pavtyj 
 fmade, to raise any quesiiol 
 
 y of any of t^>e i.™vH 
 K- otherwise. 45V.C.21 
 
 is in respect of a liiglbvaj 
 .vesaid, the Commi—r 
 Ld specifications tliere orj 
 Uv, within ten days ofbeii 
 ton serve a notice upon ta 
 [v^iUpevformtteworki 
 ttherefor, andthemlj 
 [d with and execute toe sal 
 
 17. 
 
 ,0l CB088INO UAILWAYS BY HTRUBTH, BTC. 
 
 la Where the proposed work is in respect of a highway, 
 
 I the C'^in'"''****^'^®'' ^^ I'ublio Works upon being applied 
 
 uforesaid, niodifios the plans or Hpecitications therefor, 
 ""** V with the consent of the council of the municipality, 
 'l*'" jrlce to be paid for such work, or if he does not, then 
 f * uncil shall cause an estinuite of the cost thereof to be 
 
 1 upon the railway company with a notice that tlm 
 *'^ ;i is willing to pay such estimated cost for the work, 
 '"Tthe railway company may, within ten days of being 
 '"'..i^ftlie amount so fixed, or of such last mentioned 
 "'" lie of cost, servo a notice upon the council that the 
 n V conipiiny will perform the work for th(5 price oi- 
 I tixeil or estimated as aforesaid (as the case maybe) 
 Ll the railway company shall thereijpon proceed with and 
 t'ecute the work. 45. V. c. 21, s. 18. 
 
 iq Where any railway company elects as afoiesaid to 
 
 , ed with the execution of any work under the provisions 
 
 Jth's Act and does not proceed therewith with reasonable 
 
 II 'nee the council of the municipality may take the same 
 It f the hands of the raihvay company and itself do what 
 
 1009 
 
 Whare (tlaiiii 
 Hre m<Hllflml 
 iviinpHiiy 
 iiiiiy do wnrk 
 III pricit 
 nxod. 
 
 necessary to perform or complete the locpured work, o)- 
 ply'foi- a r/i«>«i?rt?HWS to compel the railway company 
 nroceeil therewith and complete the same ; and when the 
 . (.oiu))any does not elect in manner hereinbefore pro- 
 le! to do tiie work, the couticil of the nnuiicipality may 
 id with the work and execute the same, -i > V. c. 21, 
 
 p. 
 
 BO Where, in the exercise of the powers by this Act con- 
 the lauds of any railway company are either entered 
 titkeu or used by any council, or are injuriously 
 icted the council shall make to the railway company due 
 Ln'iiitioii for any damages (including cost of fencing 
 In required) necessarily resulting from such exercise of 
 I powers, beyond any advaiitai^e which the railway com- 
 r mnv derive therefrom ; provided always, that where the 
 res result from the exercise of any power by this Act 
 bred in respect of a highway, the compensation shall not 
 led one iialf the value of the lands taken or affected 
 ir or by the exercise of the power ; and that where the 
 \m result from the exercise of any such power in 
 let of a public drain, the compensation shall only be 
 Iredtobe so made where the drain is not a covered 
 [carried under the railway and below the level thereof 
 127 
 
 ircompnny 
 
 ilni-snor uxe 
 reiiHODBlile 
 tllligen(;« 
 couucil mny 
 limceed with 
 work, or may 
 obtain 11 
 iiianaainuH 
 to oompfl 
 (-om]iaii.v ti) 
 proceed. 
 
 C'ompeDHa- 
 tion to 
 company for 
 landR takon 
 or injur- 
 iously 
 iitTeeted. 
 
 th 
 
 II; 
 
 Mb 
 
 r ^ 1! . «l 
 
 fi 1 1 
 
 . ■!. 
 
 • ^ 
 
1010 
 
 THR MUNIOIPAL MANUAL. 
 
 P 
 
 
 [•• 20. 
 
 to Ht least a depth of five feet, and the compensation f 
 nmd«? in such case nhall not exceed tlie valiio of the i T I 
 tiikt'n or affected under or by the exorcise of any hupIi nn*" * 
 4r) V. c. 21, 8. 20. P"**""' 
 
 tionrbT 21. The council and the railway company may mutuallj 
 duLoriiiiiic'.i ai,'ro() upon the amount of compensation to bo made as af I 
 by •rbitra- „,.j,j . |^j^^ j^ ^^^^ ^j,j, amount of the compoiiHation be nor*^! 
 uti'ally agreed upon, then the Hiimo Hhail bo ilotertnined hi 
 ■bitration, under the proviHions of ?7ie Municipal Act iftj 
 
 bv arbltrH 
 tlnn III caHP 
 
 of (llNBgrcU- 
 
 niKiit. 
 
 Rkv. Stst. I' 
 1H4. 
 
 SmTany fov .^\ }^ *^'*® railway company claims that the proposed workl 
 extra com- will injuro tlio railway company beyond tlio amount of tl J 
 potmation. compensation so to bo made as aforesaid, the railway coi A 
 paiiy shall, in tho notice given under section 12 of this Act 
 state its claim, or if the railway company docs not object td 
 the work, but claims that injury will bo done it as aforesaid 
 the railway company shall give, in like manner, a notice (, 
 such claim : and in case the Commissionor of Piil)lic Work 
 shall be of opinion that the railway company is entitlodi 
 additional compensation in that behalf, he may diiect thi 
 R»v. Stat. .-. '''"^ «ame shall be determined by arbitration under Ti 
 184. i\fanicipal Act ; and the amount of such additional comijeg 
 
 sation (if any), when so determined, shall l)o paid by tl 
 municipality to the railway company. 45 V. c. 21 s. 22 
 
 23. No council shall finally pass any such by-law unla 
 and until, and only so far as the work to be carried 
 thereunder has not been objected to by the railway compn 
 within the time fixed tu^^iefor by sections 9 and 12 of tlj 
 Act, or being so objected to, has either been approved of a 
 concurred in by the Commissioner of Public Works, or 1 
 been mutually agreed upon between the council and thei 
 way company under the provisions of this Act. 45 V. c. 21, s, I 
 
 Coinpaiiy to 24. All street crossings constructed under this Act all 
 
 repair street ,,-.,,,. ^ • i ^i -i 1 
 
 crossings thereafter be kept in proper repair Ijy tlie railway corapai 
 paiiVv'to" ' ''''"'^ ^^^ drains constructed and water pipes laid down un 
 repair drains this ^ct shall thereafter be kept in proper repair and 
 pipes!^* ^'^ dition by the municipality, or in case of default then byj 
 railway company, and the railway company shall Iiavej 
 right to recover from the municipality the cost of all rem 
 able and necessary repairs made by the railway compad 
 aforesaid. 45 V. c. 21, s. 24. 
 
 Whon 
 
 council may 
 finally pax.s 
 by -law. 
 
 
AL. 
 
 compensation to ^ 
 »e valtio of tlie Undil 
 ise of any Huch power. 
 
 )iiipany may muUmllyl 
 )n to bo made as afors-l 
 com|>o»»Hatiou be not sol 
 Hhai\ bo (lotflrmined by] 
 Vie Municipal AcL 4M 
 
 n that tlie proposed work 
 youd t\ui aiiK^uut of tlul 
 waicl, tbo railway com. 
 r section 12 of this Ac 
 npany does not object t 
 \\ bo done it as aforesai 
 like manner, a notice 
 issionor of Public Wot 
 y company is entitled 
 sbalf, be may direct thi 
 y urbitration \iudor Tl 
 ' such additional Connie 
 ned, sball bo paid by tl 
 „y. 45 V. c. 21, 9. 22. 
 
 s any snob by-law unle] 
 ) woi'k to be carvied o' 
 to by tbe railway compa^ 
 sections 9 and 12 of tl| 
 ither been approved of 8 
 r of Public Works, or 1 
 Ml tbe conncil and the r 
 oftbisAct. 45V.c.21,s,, 
 
 acted nnder this Act all 
 \,y tbe railway conivai 
 
 [iter pipe's laid down im^ 
 
 in proper repau- and i 
 
 case of default then by 
 
 y company shall have] 
 
 naUtytbecostofallreiU 
 
 ^y the railway company 
 
 CBOBSINO R MLWAYB BY 8TREET8, KTC. 
 
 «i( Where such highway croHBos or is intended to cross 
 
 L riilway of a railway company, without being carried 
 
 I bv a bridge or under by a tunnel, it shall be the 
 
 I lusive duty of the council having juriHdiction over the 
 
 l( to at all times estaldish, koop and maintain such 
 
 Jt and highway so that the level of the same, where it 
 
 oaches and adjoins the ruilwuy, shall, for a safe and 
 
 B distance, not rise abovo or sink below the rail- 
 
 L more than one inch ; and, subject to tlie provisions of 
 
 ling Hection, it shall be the exclusive dut 
 
 go to keep and maintain that part of its railway so 
 
 Hi nreceding section, it shall be the exclusive duty of the 
 LwnY 80 to keep and maintain that part of its railwa^ 
 L hv said street or highway, that it shall not rise above 
 
 1011 
 
 Couiiell to 
 maintain 
 hlithwavD at 
 a iirnpvr 
 level whera 
 th«y ap' 
 pronrh or 
 adjoin 
 rnilwuy. 
 
 Company to 
 nialiitalii 
 ratlwaj nt m 
 proper Ifvol 
 at Htreet 
 oroNHtng)!, 
 
 Council not 
 tu (lu any 
 uniiccesonry 
 (Inmuget to 
 railway. 
 
 isiuk below the t?aid leve] of the said highway more than 
 Liueh. 45 V. 0. 21, s. 5:5. 
 
 1 58, No council in the carrying out of any work by this 
 
 authorized shall commit any unnecessary danmge or 
 
 tir\' to or upon the railway or livn<ls of any railway com- 
 
 b: or unnecessarily or unreasonably impede or interfere 
 
 the traffic on or over such railway. 45 V. c. 21, 
 
 l!S. 
 
 Iw, Whenever and so long as any highway is established HiRiiwayB 
 
 Jopened for public use under tbo jtrovisions of this Act, under thi« 
 )e subject to the provisions of The Railway Act of^^l^^^^,, 
 
 lario except in so far as may bo otherwise provided by Kev. stat. o. 
 
 ,Aci. 45 V. c. 21, s. 27. '""• 
 
 , Subject to and except so far as may be necessary to Riciits of 
 
 .joutthe provisions of this Act, and to allow of the lull affeiued""^ 
 
 lirpfl exercise of the powers heieby conferred, the rights more than 
 
 • • ii •! x- 11 1 1 necessary. 
 
 mv railway company in the soil oi any lands entered 
 itaken or used under the powers contained in this Act 
 hot be disturbed or aflfected. 45 V. c. 21, s. 28. 
 
 Any commissioners authorized to constru(;t any water- Ao 
 mav, in respect of such water- works, exorcise and have ^1^, 
 
 I to apply 
 rommig- 
 ners tor 
 
 Ihe power, liberties and privileges by this Act given to ^""^^*':"<'"on 
 Inferred upon any council in resi)ect of the laying down wcrka. 
 Vv water pipe as aforesaid, but always subject to and 
 t and with the terms, restrictions, conditions, liabilities, 
 and obligations in that behalf imposed by this Act 
 l«uch council. 45 V. c 21, s. 29. 
 
 , Where by any private or special Act heretofore passed, Powtrn as to 
 ria given to any council or municipal corporation, or to in special 
 
 I i' 
 
 •!■ 
 
 
 ^4' 
 
 i,i 
 
1012 
 
 Acts to be 
 subjtjct to 
 thift A.ct. 
 
 THE MUNICIPAL MANUAL. 
 
 b' 30J 
 
 any water-works commissioners to carry water nin 
 ing to or forming, part of any water-works in ^ '^''g- 
 under, througli or along the lands or railway of'anv^^'r^'' 
 company, such power sliall only be hereafter exercisS ? 
 ject to the terms, restrictions and conditions in ih\t a 
 contained. 45 V. c. 21, s. 30. 
 
 in this Act 
 
 . k. 'S*»f i'- 
 
 
 Service of 31. Service of any nqtice or paper required tn u 
 riotic«, how J ..1 , .1 • A X K.V. ^ "^" ^" oe given ( 
 
 mnde. Served, either by this Act or with respect to any arhit * 
 
 ftev. Stat. c. as aforesaid under The Municipal Act, or of any pro" !• 
 therein or thereunder, may be made as follows : ' 
 
 1. In the case of a company, either by delivfii-inry ^u 
 or paper to the president, vice-president, managin^r dire t i 
 general manager, secretary or superintendent of the coml J 
 or by mailing the same, prepaid and registered, addressedi 
 any such officer at the principal office or station of th 
 pany in Ontario ; *^°'' 
 
 2. In the case of a lessee of, or a contractor, working 
 operating a railway, eitlier by delivering the notice or mii' 
 to the lessee or contractor, or by mailing the same pre 
 and registered, addressed to him at the principal offin 
 station on said railway within Ontario ; 
 
 3. In the case of a council, either by delivering tlie uo 
 or paper to the head or clerk of the council, or by mail 
 the same, prepaid and registered, addressed to the said i 
 at his proper post-office address ; 
 
 4. In the case of commissioners, either by deliveriiiffi 
 notice or paper to the chairman or secretary of the coa 
 sioners, or by mailing the same, prepaid and re 
 addressed to said chairman or secretary, at his proper 
 office address. 45 V. c. 21, s. 31. 
 
 Key^'lScf 32. Where not inconsistent with this Act, all the ^ 
 184 relating gioQg of 2'he Municipal Act relating to the powers liabil 
 
 to powers ot , , ,. r •^ l i t i • i ^ , ' ^ 
 
 council Ks to and duties of a council as to public highways, shall app 
 app^fy^"^* ^" '^^y highway established or opened, or intended to be ( 
 
 lished or opened, under the powers conferred by thi| 
 
 45 V. c. 21, s. 32. 
 
 
 'M', 
 
 ^*-i4i:j 
 
HUAL. 
 
 1.8. 30J 
 
 s.i] 
 
 larvy water pipes belong-I 
 er-works, in, upon, over,! 
 ir railway o£ any railway] 
 5 hereafter exercised sub 
 i conditions in this kd 
 
 »er required to be given o, 
 respect to any arbitratioh 
 Act, or of any procee^nj 
 
 ,de as follows: ^ 
 
 her by delivering the noti^ 
 esident, managing direct* 
 .erintendent of the compaill 
 and registered, addressed! 
 office or station of the co* 
 
 or a contractor, working _ 
 lelivering the notice or pa| 
 by mailing the same, pre^ 
 am at the principal office! 
 Ontario ; 
 
 either by delivering the ud 
 
 of the council, or by mail 
 
 ed, addressed to the said c* 
 
 Kjners, either by delivering] 
 
 U or secretary of the corf 
 
 same, prepaid and regist* 
 
 ' secretary, at his proper - 
 
 .31. 
 
 ht with this Act, all the 
 relating to the powers liabj 
 
 publiclugb^v^y^'ff ,f^ 
 IV^d, or intended tie 
 
 powers conferred by thu 
 
 TRACTION ENGINES ON HIGHWAYS. 
 
 B. S. 0. cap. 200. 
 
 1018 
 
 An Act to authorize and regulate the Use of 
 Traction Engines on Highways. 
 
 LcnON BKOI^BS MAT BE USED 
 1 ON HIGHWAYS, S. 1. 
 
 yWeigWofengine, s. 2. 
 
 Speed, 8- 3. 
 Uidthofwheels.B. 4. 
 
 hleetiBgandpassmg, S8.5, 6. 
 
 lights to be carried, 8.7. 
 
 Incitiesandtowns, 8. 8. 
 
 haCSION FROM CERTAIN STREETS 
 IS CITIBS AND TOWNS, 8. 9. 
 
 Bridges on non-toll roads to 
 
 BE strengthened, S. 10. 
 
 Provisions as to toll roads : 
 Notice to gate-keepers, s. 11. 
 Bridges to be strengthened, ss. 
 
 12, 13. 
 Tolls, ss. 14, 15. 
 Penalties, ss. 16-19. 
 Recovery of damages, s. 20. 
 Rev. Stat. c. 159, a. 2, made 
 applicable to traction en- 
 gine COS., s. 21. 
 
 I ER MAJESTY, by and with the advice and consent of 
 the Legislative Assemby of the Province of Ontario, 
 
 jads as follows:— 
 
 ll It shall be lawful for any person to employ traction Traction 
 vines (i() for the conveyance of freight and passengers, ovl^l^^^^^ 
 Lover any public highway in this Province, subject to the 
 Visions hereinafter contained. R. S. O. 1877, c. 186, s. 1. 
 
 GENERAL CONDITIONS. 
 
 No traction engine, so employed, shall exceed in weight Weight. 
 ntytons. R. S. O. 1877, c 186, s. 2. 
 
 The speed of any traction engine shall at no time exceed spee<J. 
 Irate of six miles per hour, and in cities, towns, and incor- 
 \ted villages, the rate of three miles per hour. R. S. O. 
 
 ,c, 186,8. 3. 
 
 L The width of the driving wheels of all such engines slall ^}ith ot 
 ; least twelve inches, and the wheels of the trucks or 
 
 wheels. 
 
 jAstothe meaning of the words "traction engines." 
 ■yo/ Yorkv. Toronto Gravel Road and Concrete Co., 11 A. 
 IBS. C. R. 517. See also Parkyns v. Preiat, 7 Q. B. D. 313 
 
 See 
 R. 
 
 1i * 
 
 v!: 
 
 ■■Ji 
 
 I . i • 1 
 
101 4 
 
 THE MUNICIPAL MANUAL. 
 
 [a- 
 
 waggons drawn thereby shall be four inches in width f 
 first two tons capacity, load and weight of truck i Ti'' 
 and an additional half inch for each further ton 
 
 1877, c. 186, s. 4. 
 
 R.S. 
 
 ReT. Stat. c. 5. The provisions of The Act to regtUate TraveW 
 19ft appii- Pyknic Highways and Bridges shall be applicable to th**^ 
 ning of any traction engine upon the hiehwav P^o^ 
 1877, c. 186, s. 5. "' "• ^• 
 
 "hidr"" 6. In case of any difficulty, or the prospect of an 
 meeting or culty in the meeting or passing of an engine upon th^V 
 Sn/to way by any mounted horseman or vehicle, it shall L 
 •top. duty of the engine driver to stop the engine, and in 
 
 reasonable way to assist such mounted horseman * 
 person in charge of such vehicle, to pass the eneinp P ol 
 1877, c. 186,8. 6. ^ '^-^^ 
 
 MeWJr,. 7. Every engiite run after dark shall carry a bmht 
 dwk. light in a conspicuous place in front, and a green \ ul 
 
 the rear of the train. R. S. O. 1877, c. 186, s. 7. '^^ 
 
 IN CITIES AND TOWNS. 
 
 Kunnini; 
 through a 
 city, town, 
 •tc. 
 
 8. No engine shall be run through a city, town, or vilt 
 unless a messenger is sent at least fifteen and not more I 
 thirty rods in advance, carrying a red flag by dav a 
 bright red light by night. R. S. 0. 1877, c. 186, ^.'s. 
 
 9. In case the municipal corporation of any city or t 
 deems it necessary to exclude traction engines from thei 
 to pass through any particular street or streets wit 
 municipality, it shall be lawful for such corporation to « 
 to the Judge of the County Court of the county within i 
 the municipality is situated, and such Jud^e shall 
 notice to be given to the owner of the engine, and una 
 return of such notice may, in his discretion, make on 
 an order to prevent or regulate the running of enffinesi 
 
 * certain streets : but it shall not be lawful under thio I 
 
 so to exclude the engines from any streets as entiielyt 
 vent their passage through the municipality by the 
 existing opened streets. R. S. O. 1877, c. 186, s'. 9. 
 
 BRIDGES TO BE STRENGTHENED. 
 
 Sng 107-(1) l^^fo'e it shall be lawful to lun such engin^ 
 
 •ngioesto any highway wheroon no tolls are levied, it shall be th 
 
 Traction 
 engines may 
 be excluded 
 from certain 
 ■treets, but 
 not entirely 
 from pafsiiig 
 through a 
 munici- 
 paUty. 
 
 
ANUAL. [g. 
 
 ar inches in -width for i\ 
 weight of truck include 
 ich further ton. R. S. i 
 
 to regulate Travellmg 
 ill be applicable to tbe i 
 in the highway. R. S. ( 
 
 >rthe prospect of anyi 
 of an engine upon the bii 
 
 or vehicle, it shall lie 
 )P the engine, and in ev 
 
 roounted horseman, or 
 1, to pass the engine. R. i 
 
 tark shall carry a bright! 
 1 front, and a green lightj 
 ). 1877, c. 186, 8. 7. 
 
 k.ND TOWNS. 
 
 Lhrough a city, town, or villi 
 least fifteen and not more f 
 -ing a red flag by day, an 
 S. 0.1877, c. 186,8.8, 
 
 orporation of any city or i 
 I traction engines from ihej 
 [lar street or streets withiij 
 >ul for such corporation to i 
 iourt of the county within T 
 
 and such Judge shall 
 \er of the engine, and \\\m 
 his discretion, make on 
 ,te the running ofenginesj 
 mot be lawful under thi./ 
 ,tn any streets as entirely* 
 the municipality by tlie 
 S. O. 1877, c. 186,8.9. 
 
 L STRENGTHENED. 
 
 [elawfaltovunsuchenH 
 Ills are levied. It shall be th 
 
 TBACTIOK ENGINES OK HIQHWATS. 
 
 1015 
 
 Lthe person or persons proposing to run the same toJf™»5jJ»|n 
 nathen, at his or their own expense, all bridges and 
 
 nverts to be crossed by such engines, and to keep the same 
 repair so long as the highway is so used. 
 
 12) The costs of such repairs shall be borne by the owners 2^"*" "' 
 ilfferent engines in proportion to the number of engines ennlne" to 
 such bridges or culverts. R. S. O, 1877, c. 186, ''■•""''»>'^*«- 
 
 Inn over 
 
 uio. 
 
 SPECIAL PROVISIONS AS TO TOLL ROADS. 
 
 11 Before it shall be lawful to run a traction engine over ^'""^«^^''" 
 highway upon which a toll is established, it shall be the roads. 
 ifL of the person proposing to run the same, to leave a 
 r ; in writing to that effect with the keeper of any toll- 
 V on such load, at least tw< months previous to the r^n- 
 a of such engine, and the notice shall also contain a 
 "prtstatemeit of the weight of the heaviest engine pro- 
 td to be used. R. S. O. 1877, c. 186, s. 11. 
 
 12. The owner of such toll roads, within two months after ^wnersjrf^^ 
 delivery of such notice as aforesaid, and upon recei\'ing Rtrengihen 
 uritv to tbe amount of the cost of required improvements ''•^"^8««i. etc 
 V cause all bridges and culverts upon the road to be so 
 rtflKthened as, in the opinion of the county engineer of the 
 iiintv in which such bridge or culvert is situated, to render 
 same safs for the constant [)a' "iing of the engines. 
 8,0.1877, c. 186, s. 12. 
 
 h3_(l) In the event of tbe owners oT such toll roads J,'^^^®^,^"^, 
 glectins or refusinj^ to comply with the requirements of t>f engines 
 Blast preceding section, it shall be lawful for the parties ^^orkf'to^u 
 kt to run such enq;ines themselves to do the necessary ''""f"')."",'^'* 
 Lk at. their own expense ; such outlay to be repaid to them 
 Itk remission of tolls upon the pas.sage of engines and 
 Lsthroujjh the gates u[)i'n such road, until the whole of 
 jtli outlay is repaid. 
 
 '■A The works shall be performed to the satisfaction of the Y'o'"i« tobe 
 
 \'l '^"^ r _ (lone to 
 
 intv eni^ineer or other otticer appointed for that purpose KatiftuctSon 
 le municipality within which the highway or the gret 
 thereoi is situated. R. S. O. 1877, c. 186, s. 13. 
 
 en):ineer. 
 
 U. The owners of such toll roads may levy such tolls as '^'"'"* 
 |vbi'iiniio.sed by tliem upon the passage of any engine or I'rtiv'sbnfor 
 
 f, , ' •' , ,. 1 , 1 •!• 1 ,.1 arbitration. 
 
 Ickthrough every iawhu gate ; and it ti»e owner oi the 
 
 • I,' 
 
 n 
 
 Ml 
 
 M .■?, 
 
1016 THE MUNICIPAL MANUAL. r I 
 
 [s. lil 
 
 engine is dissatisfied with the rate of toll, tbe sam 
 referred to the decision of three arbitrators one ^J^^^^- 
 shall be nominated by the owner of the engine a A ' 
 the proprietors of the road, and the two so apnoi T^ ^ 
 clioose a third, and the decision of the said arbitrat 
 majority of them shall be binding ; and in the eve^t^f *! 
 
 Collection of 
 tollB. 
 
 two arbitrators first appointed as aforesaid failing „ • 
 ing Avlthin one month to appoint a third arbitrator K * 
 provided, then the appointment of such third arbitr t 
 be made by the County Judge of the county wifh' °' f^l 
 9 collected. R. S. 0.1877, c] 
 
 ful for the owners of any sue 
 payment of the aforesaid tolls in the 
 provided by law for the collection of the ordinary tnll ^'"' 
 such roads. K S. O. 1877, c. 186, s. 15. ^ "^ 
 
 the said tolls are to be collected. R. S. 0. 1877 c 18fi 
 
 15. It shall be lawful for the owners of any such 
 enforce the payment of the aforesaid tolls in fk„ 
 
 Penalty for 
 contraven- 
 ing Act. 
 
 To be 
 
 enforced by 
 distrcus. 
 
 *■ Jl 
 
 II 
 
 Or by im- 
 priaonment. 
 
 Application 
 of duuH 
 
 PENALTIES. 
 
 16. If any person contravenes this Act, and such conh 
 vention is duly proved by the oath of one credible wib 
 before any Justice of the Peace having jurisdiction wit 
 the locality where the offence has been committed 
 offender shall incur a penalty of not less than 35, nor ' 
 more than $25, in the discretion of such Justice with 
 R. S. O. 1877, c. 186, s. 16. 
 
 17. If not p^iid forthwith, the penalty and costs shall 
 levied by distress and sale of the goods and chattels of! 
 off"ender, under a warrant signed and sealed by the coj 
 ing Justice, and the overplus, if any, after deductinof 
 penalty and costs and charges of sale, shall be retiirne 
 demand, to the owner of the goods and chattels. R ] 
 1877, c. 186, s. 17. 
 
 18. In default of payment or distress, the offender i 
 by v/an-ant signed and sealed as aforesaid, be imprison 
 the common <^aol for a period of not less than one da^ 
 more than twenty days, at the discretion of the Jii 
 unless such fine, costs, and charges are sooner paid 
 O. 1877, 0. 186, s. 18. 
 
 19. Every tine collected under this Act shall be 
 the treasurer of the local municipality in which the 
 was committed, and shall be applied to the general pa 
 thereof. R. S. O. 1877, c. 186, s. 19. 
 
 
OXL. 
 
 [llj 
 
 TREE PLANTING ACT. 
 
 1017 
 
 ; toll, tlae same may 1 
 jitrators, one of w^oi 
 the engine, and one ' 
 two so appointed sba 
 le said arbitrators or th 
 and in the event of tb 
 )resaid failing or negle 
 bhivd arbitrator as hereii 
 iuch third arbitrator Tnil 
 he county within whij 
 l.S.0.1877,c.m,s,l^ 
 
 vners of any suchroadi 
 said tolls in the mann 
 of the ordinary tolls up 
 6, s. 15. 
 
 , this Act, and such coutt 
 uth of one credible wit« 
 
 havin" ]uri«diction witl 
 s has been committed, 
 • not less than §5, nor i^ 
 
 of such Jvistice, with c(^ 
 
 e penalty and costs shil 
 le woods and chattels oil 
 ,d and sealed by the conj 
 if any, after deductmgj 
 of sale, sball he retiirTiel 
 [ood3 and chattels. R. 
 
 tor distress, the offender i 
 
 L aforesaid, be impnsoiJ 
 
 W not less than one daj 
 
 Ithe discretion of the Jd 
 
 |jarges are sooner paid, 
 
 ndev this Act shall he ij 
 &ity in which te( 
 Lpliedtothegeuei-alrii 
 
 Ise, s. 19. 
 
 .3(1).] 
 
 70 No fine or imprisonment under this Act shall be a Recovery of 
 u to the recovery of damages by the injiired party before *™*^''*' 
 Icouitof competent jurisdiction.^ R. S. O. 1877, c. 186, 
 
 01 Section 2 of TVig (re n.era? Boad Companies Act shall ^'*^|,^*2*to' 
 to companies established for manufacturing or pur- apply! 
 
 u«iU traction engines, and working the same. 
 
 fee. 186, s. 21. 
 
 R. S. O. 
 
 » '» » 
 
 R. S. 0. cap. 201. 
 
 iqAcI to encourage the Planting and Growing 
 of Trees. 
 
 LrT TITLE, 3. 1. 
 Tii-ilNirrREESON HIGHWAYS, 8?. 
 
 Ijop'erty in trees, s. 3 (3, 4). 
 
 t.-^i FOR TRBES PLANTED ON 
 " HIUUWAYS, S. 4. 
 
 Inspector, ss. 4 (2), 5. 
 Ontario tree planting fund, ss. 
 
 6, 7. 
 Penalties, ss. 8, 9. 
 By-laws respecting trees on 
 
 highways, s. 10. 
 
 TER MAJESTY, by and with fche advice and consent of 
 die Legislative Assembly of the Province of Ontario, 
 
 ^ts as follows : — 
 
 1 This Act may be cited as " The Ontario Tree Planting g,,j,yj ^jg 
 *'" 46 V. c. 26, s. 1. 
 
 „ Section 3 of this Act shall not apply to any incorpor ^^ ,„^ 
 icily, town or village, unless the council thereof tirst "pcM.'ary tf» 
 J a by-law making the same apply thereto. 46 V. 
 
 A 
 
 nuike 8. 3 
 C> apply to 
 cities, etc. 
 
 -(1) A person owning land adjacent to any highway, p,j^„j.„ 
 h street, lane, alley, place or square in this Province, trees, 
 [plant trees on the portion thereof contiguous to his 
 I; but no tree shall be so planted that the same is or 
 [become a nuisance in the highway or public thorough- 
 1 or obstruct the fair and reasonable use of the same. 
 
 128 
 
 i'^Hi!||j I 
 
 
 I r^il 
 
 I! 
 
 I, 
 
 I f 
 
 ■I ■, . it 
 
 In ; -1 
 
 !' I| 
 
1018 
 
 THB MUNICIPAL MANUAL. 
 
 mi 
 
 k!) ,1 
 
 I M 
 
 u^ 
 
 Property in 
 trees. 
 
 ["•• 3 (2). 
 
 ' (2) Any owner of a farm or lot of land may, with 
 consent of the owner or owners of adjoining la'nH i 
 trees on the boundary lines of his farm or lot. ' 
 
 (3) Every tree so planted on such highway street I 
 
 alley, place, or square, shall be deemed to be the 
 
 of 
 lane 
 
 property 
 
 the owner of the lands adjacent to such liigbwav t 
 le, alley, place, or square and nearest to sucl'i t 
 and every such tree so planted on a boundary line afdv '^*i 
 shall be deemed to be the common property of tlie own i 
 the adjoining farms or lots. 46 V. c. 26, s. 4 (1-3) ^ 
 (4) Every growing tree, shrub, or sapling wlmtsoe 
 planted or left standing on either side of any hi"ijw 
 the purposes of shade or ornament shall be deemetTtit 1 
 
 verl 
 way fori 
 
 Municipal 
 councils nmy 
 grant a 
 bonus for 
 each uhIi 
 tree, etc., 
 planted on 
 auy hiKh- 
 way, etc. 
 
 Rev. Stat. c. 
 184. 
 
 Annual 
 report by 
 inspector. 
 
 property of the owner of the land adjacent to the Iji^r i 
 and nearest to such tree, shrub, or sapling. 47 V. c 36 T 
 
 4— (1) The council of any municipality may pass m by-la, 
 for paying out of municipal funds a bonus or premium 
 exceeding twenty-five cents for each and every asli bussw 
 beech, birch, butternut, cedar, cherry, chestnut, elin, liicU 
 inaple, oak, pine, sassafras, spruce, walnut, or w'liitewi 
 tree, which shall, under the provisions of this Act beiijani 
 within such municipality on any highway, or on any boundi 
 line of farms as aforesaid, or within six feet of such binindai 
 
 (2) Such l)y-law shall further provide for the niipoj 
 meut of an inspector of trees so planted ; for their ^lue 
 tection against injury and again.st removal by any person 
 persons, including the owner, excepting as authoiitj may 
 given therefor by special resolution of the council- for 
 conditions on which bonuses n)uy be paid, and ". ncialJv 
 such regulations as are autlioiized by sub-sectioa ''0 
 section 479 of The Municijml Act. (a) ' 
 
 (3) Printed copies of the said by-law, together witli spcti 
 3, 4, 5, and 6, of this Act, shall be posted thiougliout 
 municipality, and all claims made to tlie coiuicii iimler 
 provisions of the by-law shall be referred to the inspect! 
 obtain proof of the same and report thereon. 46 V. c. 1'6 
 
 5. The inspector shall make to the council one repoi 
 each year, if required so to do, giving the iiauics o; all 
 sons entitled to any bonus or premium under die liv-la 
 number of tiees of each species planted ami the anion 
 
 (o) See sec. 489, sub-s. 27, of The Municipal Act. 
 
 
 *ii«^.,: 
 
UAL. [8.3(2). ^M 1 8 (2).] 
 
 jl land may, miV t\ie 
 
 adjoining lands, plant 
 cm or lot. 
 
 b liighway, street, lane, 
 tied to be the pvopevty 
 io such liigliway, street, , 
 
 nearest to such tvee; , 
 1, boundary line aforesaid i 
 property of tlie owners of 
 : c. 26, 8. 4 (1-3). ! 
 
 b or sa))ling wliutsoeven 
 • side of any liiglway fo^ 
 , shall be deemed to be tin 
 
 adjacent to tlie liigbwaj 
 r sapling. 47 V. c.36,s,lJ 
 
 nicipality may pass a by-lad 
 s a bonus ov premium no* 
 icb and every asb, bi>sswoo( 
 terry, chestiuit, elm, liickor* 
 race, walnut, or wbitewoH 
 visions oUhis Act, be vlant 
 higliway, or on any bounda 
 bin six feet of sucb buunda^ 
 
 ,er provide for tbe i»vpoi 
 , planted ; for their 'lue | 
 list removal l)y any pcison 
 
 xcepting as authoiit) may 
 
 tion of the council; tor 
 V be paid, and g.mMally' 
 
 lorized by sub-sectio;i "lO 
 
 Ad. (fi) 
 
 I by-law, together Nvitbsecta 
 
 ihall be posted tbrougaout 
 lade to the conned under] 
 be referred to tbe^n.si.ecW 
 
 ,port thereon. 40V.C.26, 
 ,etothe council one report 
 lo "iving the nauu-s oi all 
 pi'^lmundertbehyJ 
 ,es planted and tbe aiuou^ 
 
 L'he Municipal Act. 
 
 TREE PLANTINQ AOT. 
 
 1019 
 
 or premium to which each person is entitled, and certi 
 that the distance between any one tree and the tree 
 
 bonus 
 
 Arest thereto is not less than thirty feet, that the trees have 
 Ln planted for a period of three years, and that they are 
 
 live healthy, and of good form ; and upon the adoption of 
 * ch report the bonuses or premiums shall be paid. 46 V. 
 
 6 The Treasurer of the Province, upon receiving a copy ProTinciai 
 of tiie inspector's report, certified by the reeve and clerk, shall j-e^pt'of *"* 
 ^«iin to the treasurer of the municipality one-half of the^po""**® 
 
 recoup I" '^"^ • • i-i. 1 xu Ji -i. ex.- AX refund to 
 
 sum paid hy the municipality under the authority of this Act, municipality 
 the said copy to be forwarded on or before the 1st day of '**}^ **»*■""* 
 Kovember in each year. 46 V. c. 26, s. 7. 
 
 7. The sum of $50,000 is hereby apportioned and set apart Appropria- 
 [or the object of the preceding section, and shall be known as*'^^^"^^^^^ 
 •The Ontario Tree Planting Fund," 46 V. c. 26, s. 8. planting 
 
 ^ fund. 
 
 8— (1) Any person" who ties or fastens any animal to orpenjuigg 
 
 kiures or destroys a tree planted and growing upon any road 
 
 orlii'hway, or upon any public street, lane, alley, place, or 
 
 Muare in this Province (or upon any boundary line of farms, 
 
 iif anv such- bonus or premium as aforesaid has been paid 
 
 ikret'or), or suffers or permits any animal in his charge to 
 
 liuie or destroy or who cuts down or removes any such tree 
 
 ithout having first obtained permission so to do by special 
 
 iition of the council of the municipality, shall upon con- 
 
 ictioii thereof before a Justice of the Peace, forfeit and pay 
 
 iclisiini of money, not exceeding $25 besides costs, as such 
 
 ustice may award, and in default of payment the same may 
 
 levied of the goodf!" and chattels of the person offending, 
 
 such person may be imprisoned in the common gaol of the 
 
 lunty within which the municipality is situate for a period 
 
 It exceeding thirty days, (b) 
 
 Cue half of such fine shall go to the person laying the 
 [oiniation, and the other half to the municipality within 
 ell such tiee was growing. 46 V. c. 26, s. 9. 
 
 )The owner of land adjoining a highway has such a special 
 Ipptny in the ahade and ornamental trees growing on the highway 
 xisite to his liuids as to untitle liim to maintain an action against 
 mug doer to recover damages for the cutting down or tlestioying 
 itreesand he is not restricted to the penalty given by this sec- 
 Doiiijlasv. Fox, 31 U. (J. C. P. 140. Tiic Act relVrs to tiees of 
 tiiral growth as well as to those which have been planted, lb. 
 
 il'V 
 
 ^^ 
 
 '>n 
 
 t.'-^- 
 
 i, •■I 
 
 m I 
 
 H : 
 
 t 1 
 
 ii 
 

 lo:iO 
 
 Penalty for 
 injuring 
 shade or 
 ornamental 
 trees grow- 
 ing on 
 boundary 
 line between 
 farms or 
 lots. 
 
 Uy-laws 
 lespectlug 
 trees on 
 highways. 
 
 47 V 
 
 THE MUNICIPAL MANUAL. , r , 
 
 9. Any person who ties or fastens any animal to n • • 
 jures or destroys any tree growing for the purposes of si T 
 or ornament upon any boundary line between f'aiins y,. i ^^ 
 or, who siiflers or permits anv animal in his cbarr'n tr, ; • ^ 
 or destroy or who cuts down or removes any sucli tioe \ tC 
 out the consent of the owner or owners of such tree sli in 
 subject to the like penalties and liable to be procceiK'd n<" ^ 
 and dealt with as provided in the preceding section 
 c. 36, 8. 2. 
 
 10. The council of every municipality may pass bv-l' 
 
 1. To regulate the planting of trees upon the public h'nh 
 way ; ^ 
 
 2. To prohibit the planting upon the public bighways of 
 any species of trees which they may deem unsuited for th 
 purpose ; 
 
 3. To provide for the removal of trees which may h i 
 planted on the public highway contrary to the provisions of 
 any such by-law. 46 V. c. 26, s. 10. 
 
 R. S. 0. cap. 202. 
 
 Aa Act to prevent the spread of Noxious Weeds] 
 and of Diseases aflfecting Fruit Trees 
 
 
 PH ii: 
 
 Interpretation, s. 1. 
 
 Duty of ownkrs and occupants 
 
 OF LAND, S. 2. 
 
 Operation of Act may be ex- 
 tended, 8. .3 (1). 
 
 Exemption of waste or unoccu- 
 pied LAND, s. 3 (3). 
 
 iNSPECroR : 
 
 Appointment, s. 3 (2). 
 
 Duties, 8. 4, 
 
 Expenses, sa. 5-7. 
 
 Duty on special complaint, s., 
 Duty of ovek.skkrs of iuohwai 
 
 s. 9. 
 P'jnalties, ss. 10, 11. 
 
 vJoUNCILS TO ENFORCE ACT, S. 
 
 HER MAJESTY, by and with the advice, and consent j 
 the Legislative Assembly of the Province of Uutari 
 enacts as follows : — 
 

 AL. 
 
 ■' [8. D. 
 
 tTac.DS AND DISEASES OF FRUIT TREES. 
 
 1031 
 
 any animixl to, ov in- 
 the i)UvposeH of simde 
 )etween farms ov lots 
 in his cbavge to injure 
 /ea any sucli tieo, with- 
 rs of sucli tree, s\\iiilbe 
 to be proceeded iii;niust 
 seeding section. 47 "V. 
 
 olity may pass \)y-law8 ; 
 es upon the pv\b\ic bigh- 
 
 , the public \ngluvays of ' 
 / deem uusuited for that ! 
 
 of trees which may he ] 
 ttrary to the provisions of I 
 10. 
 
 >. 202. 
 
 ^adof:Nox\ousWeed3J 
 tiiu^ Fruit Trees. 
 
 Appointment, s. 3 (2). 
 I Duties, 8. 4. ^ ^ 
 
 S"oT«p"SUlaint.a 
 
 l^TVOFOVKKSKKKSOFUIOH^ij 
 
 iitli the advice, and cor^nt^ 
 yonhePvovmceolOuliq 
 
 to (iHHtruc- 
 tioD of 
 weoJs, otc. 
 
 ,, 3 (3).] 
 
 1 Where used in this Act the term " non-resident land " int«n>ret«. 
 hall app'y *° ^^^ lands which are unoccupied, and the owner " Non-rc»i. 
 ',. ^^,i,ieh is not resident within the municipality, and the n^KesWent 
 J li resident lands" shall apply to all lands whioh are>«n<i«." 
 
 puoied or which are owned by persons resident within the 
 J^Wcipality. 47V.c.37,s.l3. 
 
 2 It shall be the duty of every owner ot land, or the^utyof 
 occupiiiit thereof if the owner is not resident within theoa!up".t»»8 
 I I municipality wherein the same is situate — 
 
 1 To cut down or destroy all the Canada thistles, ox-eye 
 daisv ^'il^ °*^' I'^g'Weed, and burdock growing on his land, 
 ond all other noxious weeds growing on his land, to which 
 this Act way be extended by by-law of the municipality, so 
 often each and every year as is sufficient to prevent the 
 ripening of their seed ; 
 
 To cut out and burn all the black-knot found on plum 
 ov Cherry trees on his land, so often each and every year as 
 it iiU appear on such trees ; and 
 
 3 To cut down and burn any peach, nectarine, or other 
 tifes on his land infected with the disease known as the 
 yellows, and to tlesti'oy all the fruit of trees so infected. 47 
 
 V.C.37, s. 2. 
 
 3— (1) The council of any city, town, township, or incor- Operation of 
 Lratetl village may, by by-law, extend the operation of this ^^^^^Jl^^^^^ J^ 
 I Act to any other weed or weeds, or to any other disease of 
 limit trees or fruit which they declare to be noxious to 
 ihusbaudiy or gardening in the municipality ; and all the 
 IriroYisious of this Act shall a[)ply to such noxious weeds and 
 
 iseases as if the same were herein enumerated. 
 
 (2) Such council may and, upon a petition of fifty or more Appoint- 
 Iratepayers, shall appoint at least one inspector to enforce the "ngpetaor. 
 
 rovisions of this Act in the municipality, and fix the amount 
 
 i remuneration, fees or charges he s to receive for tlic per- 
 feormauce of his duties ; and in case a vacancy shall occur in 
 
 lie office of inspector, it shall be tie duty of the council to 
 
 m the same forthwith. 
 
 (3) The council of any township in which there are any Exemption 
 irge tracts or blocks of waste or unoccupied land, may upon uiiomipi«d 
 lie petition of not less than thirty ratepayers, by by-law, •»°<i»- 
 upend the operation of this A ct, in respect of such waste 
 
 E' ■ J*^.! 
 
 iiii;li; 
 
 
 
 
 1."- 
 
 1, 
 
 : 1 
 
 ;:iHi. 
 
lCi22 
 
 THE MUNICIPAL MANUAL. 
 
 • -r'!! 
 
 'f 
 
 N 
 
 ■■" IS 
 
 I' 
 
 r 
 
 
 
 [8- 3 (3). 
 
 or unoccupied lands; the by-law to define with suffici 
 clearness the tracts or blocks of land so exempted • si •} ] 
 law to remain in force until repealed by such council • '^i 
 until repealed the lands therein described shall be ex( 
 from the operation of this Act. 47 V. c. 37 s. 3. 
 
 enipt 
 
 Duty of 
 
 innptctor 
 
 4— (1) It shall be the duty of the inspector- to cive 
 
 cause to be given notice in writing to the owner or 
 
 or 
 
 occupant 
 
 . .f any land within the municipality whereon the said noxiouH 
 weeds are growing and in danger of going to seed (and iu the 
 case of property of a railway company, the notice slinll l)e 
 given to any station master of the company resident in 
 nearest to the municipality), requiring him to cause thn same 
 to be cut down or destroyed within ten days from the spivico 
 of the notice ; and it shall bp the duty of the insncctor to 
 give or cause to be given such notice for the first time rot 
 later than the 10th day of July in each year, or such other 
 earlier date as may be fixed by by-law of the municipality 
 
 (2) In case such owner or occupant of land (or, if It be 
 i-ailway property, then the station master upon whom notice 
 has been served) refuses or neglects to cut down or dostrov 
 all or any of the said noxious weeds within the period afoie- 
 said, the inspector shall enter upon the land and cause such 
 weeds to be cut down or destroyed with as little dauuve to 
 growing crops as may bo, and he shall not be liable to be raed 
 therefor; or the inspector, instead of entering upon the land 
 ;ind causing such weeds to be cut down or destroyed, inav 
 lay information before any Justice of the Peace as to such 
 refusal or neglect, and such owner or occupant shall upon 
 conviction, be liable to the penalties imposed by section 10 of 
 this Act. 
 
 (3) But no inspector shall have power to cut down or de- 
 stroy noxious weeds on any land sown with grain ; and i 
 where such fioxious weeds are growing upon non-resident] 
 lands it shall not be necessary to give any notice before pio-j 
 ceeding to cut down or destroy the same. 47 V. c. 37, s, 4.[ 
 
 Account of 5 — (1) The inspector shall keep an accurate account of! 
 expeMes* the expeuse incurred by him in carrying out the provisioiisl 
 •nd payment of tlic preceding sections of this Act with respect to each! 
 parcel of land entered upon therefor, and shall deliver a{ 
 statement of such expenses, describing the land entered npod 
 and verified by oath, to the owner or occupant of resideul 
 lands, requiring him to pay the amount. 
 
 
.9. 
 
 WEBOS AND DISBASK8 OF FRUIT TREES. 
 
 I02;t 
 
 I'A If any owner or occupant of land amenable under the 
 
 visions of this Act deems such expense excessive, an 
 
 f ^1 ,nay be had to the said council (if moile within 
 
 TrtV 'I'^y'* "^^^^ ^^® delivery of such statement), and the 
 
 d council slmll determine the matter in dispute. 
 
 (3) In case the owner or occupant of resident lands refuses 
 .gleets to pay the same within thirty days after such re- 
 " j. foi- payment, the said claim shall be presented to the . . 
 
 ^uncil of the municipality in which such expense was incur- ^ 
 
 1 jind the said council is hereby authorized and required 
 wamlit and allow such claim, and order the same to be paid 
 . the fund for general purposes of the said municipality. 
 jjV.c. 37, s. 5. 
 
 g The inspector shall also present to the said council ''«"ovi8ion9 a* 
 similar statement, verified by oath, of the expenses incurred in caS'o 0?*" 
 Ivhim in carrying out the provisions of this Act upon any ,';^;^f«*»'i"' 
 non-resident lands ; and the council is hereby authorized 
 
 J jgquired to audit and allow the same, or so much thereof 
 « to the council may seem just, and to pay so much 
 thereof ns has been so allowed. 47 V. c. 37, s. 7. 
 
 7 The council of the municipality shall cause all such f '"'lection of 
 rams as have been so allowed and paid by the council under tor expenses 
 tke provisions of this Act to be by the clerk severally placed Jy,?^^'"'"'' 
 loonthe collector's roll of the municipality against the lands 
 tecribed in t\w statement of the inspector, and to bo col- 
 kied in the saiiKi manner as other taxes imposed by by-laws 
 oftliemunicii)ality. 47 V. c. 37, s. 7. 
 
 J, If writtpu complaint be made to the inspector that Duty of 
 tfllows or black-knot exist within the municipality, in anygpee"ai''Y*'" 
 yitv described in such complaint, with reasonable cer- '^"'"P'**"'- 
 Ittinty, he shall proceed to examine the fruit trees in such 
 Wity, iind it satisfied of the i)resence of either disease he 
 immediately give notice in writing to the owner or 
 tepaiitof the land whereun the atfectecl trees >^re growing, 
 iiiiriiic iiim within five days from the receipt v? the notice 
 deal with such trees in the manner provided by section 2 
 Lis Act. 47 V. c. 37, s. 9. 
 
 9, P shall be the duty of the overseers of highways in Duty of 
 municipality to see that the provisions of this Act ['Jghway«.*^ 
 
 king to noxious weeds are carried out within their 
 «tive highway divisions by cutting down or destroying 
 
 1*1 
 
 :' 'ft'l 
 
 ^^'■■wm 
 
 i '■■ 
 
 m 
 
 !': 
 
 I 
 
1024 
 
 
 i -■ 
 
 
 I'eiialtlea. 
 
 i{«coveTy 
 and applica- 
 tion of 
 penalties. 
 
 Municipali- 
 ties to 
 require 
 offlcern to 
 «nforce Act. 
 
 TUB MUNICIPAL MANUAL. r 
 
 l» 9. 
 or caiming to be cut down or destroyed nt tlio mo . • 
 to priivent tluM-ipeniiig of tlifc.. Hml, all tli„ uoxions ^ 'T 
 growinj,^ on the highways or rotul allowaiiccH within i\ 
 rehpectivo divisions ; such work to he piM-t'oniiod 
 the ordinary wtiitute labour, or to he paid for at a rciisoi 11 
 rate by the treasurer of the municipality, as the 00111,0!^? 
 tho municipality may direct. 47 V. c. 37 h. 8 ' 
 
 10~(1) Any owner or occupant of land who retiises 
 
 neglects to cut down or destroy any of the .said noxious wi.-T 
 
 after notice gi""" •>" *'<" ;•<"!."'>+" • 1 . . *-'"* 
 
 or who knowii 
 
 ir 
 
 •art of 
 
 .•0 given by the inspector, as provided by Hectioi. 4 
 lowingly sutlers any of the said noxious wmjs tn 
 grow thereon, and tho seed to ripen so as t(. oausci or 
 danger the spread thereof, or who sutlers any black-kiiotT 
 remain on plum or cheiry trees, or keeps, any lieiml*' 
 nectarine or other trees infected with yellow,-* or the fiu'f f 
 trees so infected, shall upon conviction be liable to a lii t\ 
 not less than $5 nor more than 820 for every such otftMice 
 
 lice. 
 8 to sell im 
 
 (2) Any person who knowingly sells or olJor 
 grass, clover, or other seed, or any seed grain anions 
 which there is seed of Canada thistles, ox-eye daisy wiM 
 oats, rag-weed, burdock, or wild mustard shall, toreveryl 
 such otl'ence, upon conviction, be liable to a tine of not le 
 than $5 nor more th«n .^20. 
 
 (3) Any person who knowingly oflfers for sale or sliipni,.Qtj 
 or sells or shi|»s tho fruit of trees infected with yellows shall 
 upon conviction, be liable to a tine of not less than '^5 no 
 more tlian .'^20, 
 
 (4) Every inspector, overseer of highways, or other officer 
 who refuses or neglects to discharge the duties imposed i, 
 him by this Act shall, upon conviction, be liable to a tine i 
 not less than $10 nor more thai. $20. 47 V. c. 37 s. 10. 
 
 11. Every otl'ence against the provisions of this Actslia 
 be punished and the penalty imposed for each oHeiice sha 
 be recovered and levied, on summary conviction, liefoieani 
 Justice of the Peace ; and all tines iimiosed shall be paid 1 
 the treasurer of the municipality in which the otleiiee 
 committed, for the use of the municipality. 47 V. c. 37, s, l| 
 
 12. The council of every municipality in Ontaiio shall ] 
 <piire its inspector, overseer of highways and othei otficeiuj 
 faithfully discharge all their duties under this Act. 47 
 0. 37, s. 12. 
 
 -.^r^i^ 
 
 
 
 i 
 
':. i^ 
 
 [% 9. 
 
 b t\>o \n-o\m- tiiueH 
 th«! uoxiuws wewk 
 riuici'8 witUiu Uifir 
 ivfoniuHl as \mrt of 
 [ for at a rcusouaitla 
 f, as tlic coiiucil of 
 
 and wlio vetuscH or 
 le said noxious wmls 
 I'ovidtnl \)y seciiou 4, 
 ill uoxiovw woeils to 
 J as to caviso ov en- 
 ii's any black-knot to I 
 r keeps, any \)eiiu\i. 1 
 yellows 01- tlio f luit of 1 
 be liiiblo to a liueo!] 
 ,r every such otltnico. 
 
 Is or oilers to sell luiy] 
 \y seed griiin lunongl 
 les, ox-eye daisy, wild.| 
 nstard sliall, for everyj 
 le to a iiue of not les 
 
 fers for sale or sUipmcolj 
 looted witli yellows sluvll^ 
 if not less tlmu S5 no 
 
 iigliways, or other office)^ 
 P the dvities i\ui>usedo" 
 [on be liable to a tine ( 
 jo. 47 V. c. 37, B. 10. 
 
 lovisious of this Act slia. 
 Led for each otleuce sh«L 
 l.y couvictiou, before attj 
 liiuposcd «hall be pauHI 
 I i„ which the ofl'euce 
 lipality. 47V.c.37,s,l| 
 
 Lality in Ontario sballi 
 
 Lays and othevothH 
 ' imder this Act. -H ^ 
 
 .!•] 
 
 MINORS FHEgUKNTINO UILLIAltD UU0M8, KTC. 
 
 I0:i5 
 
 R. S. 0. cap. 204. . 
 
 \Q Act to prevent Minors frequenting Billiard 
 Rooms and other Places 
 
 aji;K MAJESTY, by unci witli tlio advico and consent of 
 the Logislutivo Assonibly of the Provinco of Ontario, 
 1 eaacU as follows:— 
 
 1 Tbo keener of a licensed billiard, pool or bagatelle f 
 
 ho directly or indirectly kejipa the sanx* for hire orquent 
 
 naoii first 
 HDil lubsa- 
 
 In nilniittinsr a minor under the am! of sixteen years ****^''*«' {"C* 
 ikereto or allownig linn to remain thereni, without the con-onrh»ifto 
 (pfjiis parent or guardian, shall bo subject to a tine of'"'""""'' 
 lot exceeding $10, for the Hrst, nnd not exceeding $20 for 
 dcbiibseqneut otlence, to be imposed ' >y any iJu«tico of the 
 Peace one-half of wiiich tine shall go to tlio iiiforuier ; pro- Provit*. 
 iJej'always that this Act shall not apply to a minor who is 
 imeniber of the family of the keejjer or his servant, or who 
 teiiot go to the billiard, pool, or bagatelle room for the 
 jarpose of loitering, or to play billiards, pool, or bagatelle 
 Leiir nor shall this Act apply to any case where t!ie 
 er in the opinion of the Justice of the I'eace, had 
 inable cruse to believe that sv.ch consent had been given 
 the parent or guardian, or that such minor was not under 
 ! of sixteen. 49 V. c. 41, s. 1. 
 
 129 
 
 'hnlr 
 
 '•y 
 
 I ' 
 
 N^ 
 
1026 
 
 THE MUNICIPAL MANUAL. 
 
 [8. U 
 
 * ■^^''■\...\ 
 
 B. S. 0. cap. 205. 
 An Act respecting the Public Health. 
 
 
 Short title, s. 1. 
 Interpretation, s. 2. 
 Provincial board of health : 
 Board continued, s. 3. 
 Salaries and allowances, ss. 4, 
 
 5,7. 
 Secretary, ss, 5, 6. 
 Meetings of board, s. 8. 
 Duties of board, ss. 9-12. 
 Regulations of Doard, ss. 13-21. 
 Acquiring land, ss. 22-27. 
 Limitation as to use of land, 
 8. 28. 
 Default op local authority, 
 
 s. 29. 
 Plans of water supply and 
 seweragr to be submitted 
 to provincial board, s. 30. 
 Health officers : 
 Appointment, ss. 31, 32, 34, 35. 
 Ijuration of office, s. 33. 
 Compensation, ss. 33, 36. 
 Powers, ss. 37, 66-70. 
 Suspension of rlections, s. 38. 
 'iocal boa >^ oh of health : 
 Organization, as. .39-47. 
 Powers and duties, ss. 48-53. 
 Nuisances : 
 
 Inspection of slaughter-houses^ 
 
 88. 54, 65. 
 Regulation of ice supplies, s. 55. 
 Inspection of health districts, 
 
 s. 56. 
 Powers of medical health officer, 
 
 8. 57. 
 Information and investigation, 
 respecting, ss. 58, 59. 
 
 Local board to give notice requiN 
 ing abatement of nuisances. 
 
 8. OU. ' 
 
 Power where nuisance due to 
 
 cause outside of district, s. 61 
 Costs and expenses, s. 62 | 
 Restriction on establishment of I 
 
 offensive trades, s. 63. I 
 
 Provision where abatement ofl 
 
 nuisance involves consider*.! 
 
 tions of difficulty, s. 64. 
 Inspection of dairies, creamerie 
 
 and dairy farms, s. 65. 
 Power to examine and clean 
 
 premises, ss. 66, 67, 
 Disposal of refuse, s. 71. 
 Recovery of expense of abatinj 
 
 8. 104. " 
 
 When application to abai 
 
 nuisance must be made 
 
 High Court, s. 105. 
 Examination of house, etc., ] 
 
 MEDICAL PRA(,'TITI0N ERS, s!6™ 
 
 Removal by health officers oi 
 inhabitaxtsofahouse,s.{ 
 
 Provisions against infectio 
 ss. 72-94. 
 
 Hospitals, ss. 95-98. 
 
 Inspection of foop, ss. 99, 
 
 Enforcing obedience to orde 
 ss. 101, 102. 
 
 Appkai, to County Judge, s. Id 
 
 Penaltiks, ss. 100, 106-111. 
 
 Proceedings not to be quase 
 
 FOR want of form, OR 1 
 
 moved by crrtiorari, s. If 
 By-laws applicable toallmc 
 cipalities, s. 113. 
 
 HER MAJESTY, by and with tlie jidvice and conseii[ 
 the Legislative Assembly of tlie Province of Onti 
 enacts as follows : — 
 
 Short titip. 1. This Act may be cited as " J'/te Public Health 
 47 V. c. 38, s. 1. 
 
 1 ' N -v >.-■ 
 
 . 1. la 
 
[8. I. 
 
 blic Health. 
 
 )oard togivenoticerequit- 1 
 abatement of nuiBances,' 
 
 • where miisance due t»l 
 ae outside of district, 8. 61. j 
 and expenaea, s. 62. _ 
 iction on eatabliahment oil 
 uisive tradea, a. 63. 1 
 
 ision where abatement of I 
 iaance involvea conaider*-! 
 »na of difficulty, a. 64. 
 ection of dairies, creamena 
 ,d dairy farms, s. 65. 
 rer to examine and clean* 
 remises, as. 66, 67, 
 posal of refuse, s. 71. 
 jovery of expense of abatrn 
 
 i. 104. ^ , . 
 
 hen application to aba* 
 miaance must be made 
 Hirrh Court, 8. 105. 
 
 .UNATION OF HOUSE, ETC, 1 
 klKmCALPRM:TmONEK8,8.« 
 
 LvAL BY HEALTH OFFICERS ^ 
 SUABrrASTSOFAU0USE,9.(F 
 -ISIONS AGAINST INFECTia 
 
 88. 72-94. 
 PITALS, 88. 95-98. 
 |.|)TTI(>N OF FOOD, 89. a», 1" 
 OKCINGOBKOIENCETOOKM 
 
 ss 101, 102. ,* 
 
 ,vvT TO County Judge, 9.10 
 
 "r TiS, 88. 100, 106-111. 
 
 .CFFDlNGSNOTTOBEQUASa 
 ?0R NVANT OF FORM, OR 
 
 CirAUTIKS, 8. Ui- 
 
 L the '..dvice ami conse^ 
 lof the Province of Ontf 
 
 a The Public Health 
 
 PUBLIC HEALTH. 
 
 1027 
 
 jj \^heie the following words occur in this Act, or the fj^^'P'®'*" 
 ledules thereto, they shall be construed in the manner here- 
 ■jmt roentioned, unless a contrary intention appears : 
 
 1 "Owner" means the person for the time being receiving " 0« «>«' " 
 ili« rent of the lands or premises in connection with which 
 lie word is used, whether on his own account or as agent or 
 jg of any other person, or who would so receive the 
 liue if such lands and premises wore let ; 
 
 M' Health District" or "District" means any local ^'^f^'^^l^*!} ^|J: 
 iiiijicipality, or union of local municipalities, under thetnct!" 
 Liction of a Local or District Board of Kealth, and board?" and 
 ''• ' Board " or " Board " shall include a District Board ; "Board." 
 
 3 "Hoase" includes schools, factories, and other buildings, "Mouse." 
 and tents used for human habitation or work, whether 
 use is permanent or temporary, and whether the same 
 stationary or movable ; 
 
 I, "Street" shall include every highway, road, square, " s*"^***-" 
 lane mews, court, alley, and passage, whether a thorough- 
 'ornit. 47 V. c. 38, s. 2. 
 
 PROVINCIAL BOARD OP HEALTH. 
 
 Organization — Powers and Duties. 
 
 h The provincial board of health of Ontario at pr^'sent ^orrd'of''' 
 gtinc is hereby continued and shall consist of not more health 
 B seven members one of whom may be the secretary of '"'"*^'°"*^ • 
 tl)oard ; the members thereof shall be appointed by the 
 (iteDant-Governor in Council from time to time for a 
 
 J of three years, and any retiring member shiill be 
 pie for re-appointment ; at least four members of the 
 
 [shall be duly registered medical practitioners. 45 
 It,'i9,s. 1. 
 
 Jlie chairman of the board shall be appointed by the ^aiir'e» and 
 ktenant-Governor in Council, and shall Ife paid an annual ohBirmBu 
 Wot exceeding the sum of $400 per annum; other J^'J[^^™®?J- 
 pre of the board, except the secretary, shall be paid boHid. ' 
 I per diem allowance while attending meetings of the 
 \ or any committee thereof, as may be voted by the 
 ^lature and approved by the Lieutenant Go\( rnor in 
 il, together with actual travelling and other aecessary 
 i while employed on the business of the board. 50 
 
 : !l 
 
 il ;i5 Ip' 
 
 -*' 
 
 :•:* ■ 
 
 1 ■ 
 
 
 M^r^ 
 
 I «■ 
 
 m'M 
 
 •|1 
 
 :nr:l 
 
 ':,:V 
 
 
1028 
 
 Appoint- 
 ment of 
 georetary. 
 
 THE MUNICIPAL MANUAL. 
 
 [8.5] 
 
 Duties of 
 aeoretary. 
 
 K The Lieutenant-Governor in Council inay appoint 
 
 5. ilie i^i« „,,Uable person as secretary of the board, w 
 
 cou>petent ami ^^^^^^^V . ^nd who may be paid < 
 
 shall hold o&ce dunng 1 ^^ annum, aind w! 
 
 29, s. 7 ; 50 V. c. 34, s. 8. 
 
 i. v.,r shall keep his office at Toronto, andw 
 6. The secretary shaU^ep ^^.^ ^^^ ^^ required byl 
 
 form t^^.^^'^^j^'w^ueep a record of the transactions of th 
 board ; ne shall 1 ^^ practicable, communicate wit) 
 
 board and shall, ^^ . .^^.^jg of health, and with the loa 
 other provincial or stai ^^^^^ ^^^^^^ ^.^^^.^ ^^^ ^^^^ 
 
 boards of health '^'^"^ m^ ^^a other public bodies, fori 
 
 and with f'^'^^'^'y^^l, disseminating information concel 
 purpose ot acquu » ^^ ^^^^^^^ ^-^^ ^^^ g^^.^^ ^^^^^^^1 
 
 ii^g the P^^^^\V'^tn induce municipal councils to appof 
 . are practicable 10 ^^ ^^^^^^ ^-^j^-^ ^^^^j^. 
 
 health officers or local Do .^ ^ ^^ .^^ ^^^^ ^^^^^^ ^^ 
 cipality ; he shall also ^^^^^-^^ ^^ ^he vital statistic 
 
 of the registrar-geneia ^^^ perform such other duties ^ 
 the Province, («) ana ^^^^^.tics and otherwise asi, 
 
 functions relating to Lieutenant-Governor in Coun 
 
 be assigned to him > 
 
 45 V. c. 29, s. b. . • 1 1 1 J 
 
 «.f the said provincial board and 
 Payment of 7- The expenses oi secretary shall be paid oul 
 
 Setr ' «-^-^^^ ^^ ''' ^^tr'f U tiuie to time, be appropriate 
 
 *'"^" such moneys as may, tiom ^5 y , ^g^,. 2I; 41 
 
 the Legislature for that purpo 
 
 ^' ' ' ' -, 1 11 meet quarterly at Toronto, and 
 
 S. The board «^^f .."^f, J„,ay be fixed underavj 
 
 such other pJ-^^^/^^^t ,"e niembJrs shall be a quo... 
 tion of the board 11 re ^^^ ^^^^ ^^,,^1 h,,e pow 
 the transaction otbusi ,^^ regulating the tvd 
 make and adopt rules an j ^^^.^^^ ^^^^^^ j . 
 
 tion of its ^^'''Zn.i^esto whom they may dell 
 appointment of connmtte^^^^ ^^^^^^^.^^^^ ^^^ 
 
 rc:^29f:t'4TY.c.38,s.iO. I 
 
 • ;,1 board of health shall take col 
 
 cipal Act. 
 
 Meetings of 
 board. 
 
 Duties ot 
 board. 
 
.NTJAL. 
 
 Cowucil may appoint 
 svetary of the board, wl 
 .nd who may be paid 
 30 per ammm, and wh 
 the Province. 45V.( 
 
 office at Toronto, and ; 
 s Act or required by tli 
 )i the transactions of th 
 bicaWe, communicate will 
 E health, and with tbe lo 
 icers within the Provinij 
 other public bodies, fori' 
 atiuf^ iufovmation concel 
 .all also use such meausj 
 licipal councils to appol 
 i health within theiv miT 
 preparing the annual rep 
 t,ion to the vital statistics 
 form such other duties 
 ,tistics and otherwise as i 
 utenant-Governor in Cou 
 
 lid provincial hoard and] 
 secretary shall be paid oul 
 to time, be appropriate!" 
 45V.c.29,s.21;4l 
 
 le 
 
 »se 
 
 quarterly at Toronto, anj 
 ,s may be fixed under a i^ 
 lembers shall bftaquoi-u 
 and they shall have powJ 
 ^Y-lavvs regulating the tvaJ 
 Uy provide therein or! 
 to whom they may dell 
 \vork committed to tlmj 
 10. 
 
 s. 
 
 of health shall take cog 
 ,d life among the people I 
 
 V^d'«ec'496,BuL.s.8ofthe| 
 
 PUBLIC HEALTH. 
 
 Province ; they shall especially study the vital statistics of 
 
 ll Province, and shall endeavour to make an intelligent 
 
 1 profitable use of the collected records of deaths and of 
 
 ajess among the people; they shall make sanitary 
 
 ■" estisations and inquiries respecting causes of disease, 
 
 , ggpecially of epidemics ; the causes of mortality and 
 
 , gjjggtg of localities, employments, condition!!', habits, 
 
 i other circumstances upon the health of the people ; 
 
 iivsliall make such suggestions as to th? prevention and 
 
 Itroduction of contagious and infectious diseases, as they 
 
 Ideem most effective and proper, and as will pievent 
 
 1 jii^it as far as possible the rise and spread of disease ; 
 
 i,!)all enquire into the measures which are being taken 
 
 ylocal boards for the limitation of any existing dangerous, 
 
 itatnous or infectious disease, through powers conferred 
 
 in°said local boards by any Public Health Act, and 
 
 juld it appear that no efficient measui'es are being taken 
 
 li that the said powers are not being enforced, it shall be 
 
 ipetent for the provincial board, in the interests of the 
 
 ic health, to require the local board to exercise and 
 
 iorce any of the said powers which, in the opinion of the 
 
 jvincial board, the urgency of the case demands ; and in 
 
 lysuch case where the local board, after request by the 
 
 ivincial board, neglect or refuse to exercise their powers, 
 
 piovinciiil board may, with the approval of the Minister 
 
 the department under which the board is for the time 
 
 ffactin", exercise and enforce at the expense of the rauni- 
 
 ilityany of the powers of locnl boards which under the 
 
 umstances they may consider necessary, and they shall, 
 
 m required or when they deem it best, advise officers of 
 
 Government and local boards of health in regard to the 
 
 ilic health, and as to the means to be adopted to secure 
 
 ime, and as to location, drainage, water supply, dis- 
 
 of excreta, heating and ^'entilation of any public insti- 
 
 inor building. 45 V. c. 29, s. 3 ; 50 V. c. 34, s. 6. 
 
 1029 
 
 The board shall from time to time, and especially it) formation 
 g the prevalence in any part of the Province of ii"i)e/" " 
 feiuic, endemic or contagious disease, make public distri- 
 ct of such sanitary literature, and of special practical 
 nation relating to the prevention and s|n"oad of con- 
 ns and infectious diseases through the medium of the 
 press, and by circular to local boards of health 
 hea'th officers, municipal councils, and in and through 
 
 i 
 
 1 
 
 ■ i ! ; 
 
 ■ 1 ! i 
 1 ■' '■ 
 
 ! '■ 'i 
 
 rj- ■; <: : , , , 1 
 
 iSji 
 
 ^^l ;''■'■ ' 
 
 H 
 
 f!\ 
 
 If-"' 
 
 
 
 •if! H 
 
1030 
 
 THE MUNICIPAL MANUAL, 
 
 lilt 
 
 W IS 
 
 JnveRtiga- 
 tioDN aR tn 
 ■causes of 
 contagious 
 or other 
 disease. 
 
 Rev. Stat, c, 
 17. 
 
 Supply of 
 
 vaccine 
 
 matter. 
 
 Powers of 
 Pro vine al 
 board to 
 malcK rexula- 
 tions for 
 prevention 
 or mitigation 
 -of disease. 
 
 [s 10 1 
 
 the ])ublic schools and otherwise as shall be deemed h 
 in the interest of the public health. 45 V. c. 29 / 
 
 11. With the concurrence of that member of the P 
 tive Council to whose department the provincial b T" 
 health is for the time being assigned by the Lieu/ 
 Gcivernor in ( ouncil, the board may send its seTet ^^^ 
 any member or members of the board, to any nnvf ^7' 
 Province when deemed necessary to investigate the c '^ 
 causes of any contagious or other disease or mortalitv"*^ 
 at such investigation evidence may be taken on o tW 
 otherwise us the said secretary, member or membe • * 
 deem expedient ; and in such case the secretary o "" 
 member of the board present at the investigation 
 administer the oath ; and the said investigating com' " 
 shall have power, by warrant under the hand and seal 
 any one of its members, to call upon any person t 
 evidence regarding any matter in question in the invest] 
 tioVi ; and the investigating committee sh,\\\ have all 
 powers which may be conferred upon commissioners ui 
 The Act respecting Inquiries concerning Public Mi 
 47 V. c. 38, s. 11. "'' 
 
 12. It shall be the duty of the provincial board of he 
 to see that a supply of jtroiier vaccine matter is obtain 
 at all times at such vaccine farms and other places 
 subject to inspection by the board, (b) 50 V. c. 34 i 
 
 13. Whenever tins Province, or any part thereof on 
 therein appears to be threatened with any foraid 
 epidemic, endemic, or contagious disease, the pioviij 
 board of health may, subject to the approval of theLieJ 
 ant-Governor in Council, issue such regulations as tlie L 
 deems necessary, for the ])revention, as far as possible ol 
 jnitigation of disease, (c) and may make, renew or alt«r| 
 
 (/>) Ses also R. S. 0. c. 206. 
 
 ((•) It is indictable to bring a glandered horse into a public pii 
 the danger of infecting the people thore. Rig. v. Hnmv 1 1 
 G. <!. 24. So it is indictable needlessly to expose in a publici 
 a child jilHicted with small pox. Jicx v. Vontaiidillo, 4 Maa,| 
 73 ; h'tx V. Burnett, lb. 272. But a person sick, even witli i 
 tagious disease, at his own house or at an hotel, is not a niiii 
 JioiU" V. Utka, 2 Barb. (N-Y.) 104. A medical man who; 
 pationt suH'ering from an infectious disease tu u fever hospitalu 
 ing him to walk in the middle of the road, and not to talk toad 
 is not liable to prosecution. Tunbridge W elk Local Bmri\ 
 
i^-f.l 
 
 TJXL. 
 
 [8 10 
 
 PUBLIC HEALTH. 
 
 laW be deemed by then 
 45 V. c. 29, i. 4. 
 
 t member oi tbe Execu 
 tbe provincial board 
 ued hy tbe Lleutenanjl 
 ty send its secretary,! 
 javd, to any part oi tb 
 investigate the cauje ( 
 disease or mortality ; anl 
 vay be taken on oath«( 
 member or members \si 
 dse tbe secretary, or 
 it tbe Investigation, 
 Ld investigating coramiti 
 inder tbe band and sealj 
 [ upon any person to 
 in question in tbe investij 
 ,mnuttee su.U\ have all I 
 4 upon commissioners unl 
 concerning Puhlk Moifi 
 
 he provincial board of h 
 vaccine matter is obtain 
 n^s and other places 
 rd. (b) 50V.C.34, 
 or any part thereof or 
 itene«l 
 
 e 
 
 , -ggulations, or substitute new regulations ; and the said 
 ""^ ^ay, by such regulations, provide ; 
 
 to 
 
 with any fovmi 
 2ious disease, the pmij 
 ^ tbe approval of the beJ 
 esucbrfgnlailonsastkV 
 entlon.as tar as possible . 
 may make, renew or alter 
 
 1 For the frequent and effectual cleansing of the streets, 
 \ and out-houses, by the local health authorities, or by 
 [J? Lners or occupiers of houses and tenements adjoining 
 
 Ithereto; 
 For the removal of nuisances ; (d) 
 
 3 For the clea)isiug, purifying, ventilating and dieinfecting 
 
 houses, (e) churches, buildings, and places of assembly, 
 
 ujy stations, steamboats, railway carriages and cars, as 
 
 "u as other public conveyances (/) by the owners and 
 
 uoiers and persons haviug the care and ordering thereof; 
 
 1 For regulating, so far as this Legislature has jurisdic- 
 minthis behalf, with a view of preventing the spread of 
 ilectious disease, the entry or departure of boats or vessels 
 Uheditferent ports or places in Ontario, and the landing 
 iDassengers or cargoes from such boats or vessels, or from 
 litod carriages or cars, and the receiviug passengers or 
 ; on board of the same ; 
 
 1 5 For the safe and speedy interment of the dead, (g) and 
 ^conduct of funerals, with a view of preventing thfl spread 
 finfectious diseases as aforesaid ; 
 
 \t for supplying medical aid and accommodation, and 
 iicine, and such other articles as may be deemed necessary 
 ^mitifatinw such epidemic, endemic, or contagious disease ; 
 
 II. For house to house visitation ; 
 
 For preventing or mitigating such epidemic, endemic 
 on.iicious disease in such other manner as to the said 
 racial board seems expedient ; 47 V. c. 38, s. 3. 
 
 1 „Apred horse into apuWicpl 
 ^Underea n ^^j^^,,_ I , 
 
 ^ ■ « Birk even with 
 ■^^*\?rbotti-ot.;. 
 
 ) 10^;. ,J to a fever hospital 
 
 run 
 
 bVuige' WelL. Lon 
 
 m 2C. P. D. 187. Where the health officer of a city requested 
 plaintiff, a passer-by, to assist in the removal of acottiu which he 
 [not knowing that the cotfin contained the body of a person who 
 Idied of small-pox, and the passer-by in consequence caught the 
 jse and communicated it to his children, who died thereby, 
 ktiff was held to be without remedy against the municipality. 
 ^. The City of Lansing, 14 Am. 499. Sue also sec. 22. 
 
 I See sec. 54 et seq. of this Act and sec. 489, sub-as. 41-46 of the 
 icipal Act and notes thereto. 
 
 [See sees. 69-72. 
 
 I See sees. 83, 87 and 88. 
 
 iSee sec. 49G, sub-s. 7 of the Municipal Act. 
 
 1031 
 
 I'w 
 
 V 
 
 \'m 
 
 1/1 H 
 
 ,;fl 
 
 
 
 1 i 
 
1032 
 
 THE MUNICIPAL MANUAL 
 
 Mr' 
 
 [»• 13 9. 
 
 InipuotioD of 
 
 railway 
 
 stations, 
 
 steamboats 
 
 etc. 
 
 9. For 
 stations 
 carriages 
 
 or some officer, 
 
 the inspection of houses, schools, churches ra'l 
 and other buildings, steamboat&, vessels ' rai^*^ 
 and cars and public conveyatices by the local h^^'j 
 fficer, and the cleansing, purifying, and disinf JL 
 
 thereof, and anything contained therein when requir VI!^ 
 such board or officer at the expense of the owner occi 
 or the person having the care and ordering thereof an If 
 detaining for this purpose rmy such steamboat, vessel r T 
 
 way 
 
 carriage 
 
 and 
 
 Snnifary 
 police. 
 
 Reinovai of 
 persons. 
 
 car or public conveyance, and anything 
 contained therein, so long as may be necessary, and anv 
 son travelling thereby; 48 V. c. 45, s. 12, part- 50 V^"" 
 
 S'artlTrKf ^^' ^°^ pi'eventing the departure of persons froir infected! 
 pe?g*on»and localities, and for preventing persons or conveyances tron 
 conveyances, passing from one locality to another, and for detaining 
 
 sons or conveyances who or which have been exposed f 
 infection, for inspection or disinfection until the dancer 
 infection is past ; " 
 
 1 1. For requiring the appointment of sani-iaiy police i 
 be paid by the municipalities in which they act. for the mi 
 pose of assisting and carrying out the health regulations I 
 force in the municii)ality ; 48 V. c. 45, s. 12, part. 
 
 12. For the removal or keeping under surveillance 
 persons living in infected localities. 48 V. c 45 s l'> nni 
 50 V. c. 34, s. 11. ' ■ "'^^ 
 
 K.S"'"' 14-. It shall be the duty of the local boards of healthj 
 execution of superintend and see to the execution of any regulations mi 
 fegu a ons. ^^ ^^^ provincial board ; or to execute, or aid in executil 
 the same within their respective districts ; and to do ai 
 provide all such acts, matters and things as are necessary! 
 superintending or aiding in the execution of such refujatio 
 or for executing the siime as the case may require. 47 
 38, s. 4. 
 
 Provincial ^5, The provincial board of health may, by order, decll 
 
 board may * ^ j . \ •'' . ' .7 
 
 determine all or any 01 tlie regulations so made, to be in force witl 
 wh?c?iVe"gu- *^i6 whole or any part or parts of the disti-ict of anyl^ 
 lations are to board of health or any municipality, and, so far as 
 ***'''■ Legislature has juiisdiction, to apply to boats, vessels,! 
 
 way carriages and cars, or other conveyances in any perl 
 or portions of the Province. 47 V. c. 38, s. 5 
 
'i* m 
 
 lu 1 
 
 UAL 
 
 [8. 13 9. 
 
 PUBLIC HEALTH. 
 
 1033 
 
 [\ools, churches, railway 
 3\)oat&, vessels, railway 
 j,nces by the local board 
 rifying, and disinfecting' 
 evein when required by 
 of the owner, occupier, 
 rdering thereof, and for| 
 ih steamboat, vessel, rail- 
 mveyance, and anything! 
 ,e necessary, and any per- 
 " s. 12, 'part; 50 V.ci 
 
 1 22.] 
 
 lA All 0^*^®'"^ ^^*^ regulations so made shall takp wffect j^'j"**"™*'"" 
 frninthe !ippi'*>val thereof, and shall be forthwith piblished regulations. 
 'the Ontario GazpMe and at least one newspaper within the 
 ^ or portion or portions of the Province, *in which 
 
 :0 
 
 re of persons f rott infect 
 3ons or conveyances t'ron 
 ler, and for detaining \)e« 
 ,ch have been exposed t 
 "ection until the danger i 
 
 bment of sanitary police, i 
 which they act, for the pid 
 ^^, the health regulations f 
 c. 45, s. 12, part. 
 
 tev shall be declared in force. 47 V. c. 38, 8, 6. 
 
 17 Durinif the time that any such ordei's or regulations 
 in force in any health district as provided by the next 
 ' \r\c four sections of this Act, all by-laws of the local 
 of" such district which, in any manner, conflict with 
 such order or regulations, shall be suspended. 47 V. c. 
 
 IB All re;,'ulations made by tlie provincial board of health 
 1 .jcovod V)y the Lieutenant-Governor in Council, and 
 hlished in the Ontario Gazette, on the 5th of September, 
 « are hereby declared to have been valid regulations, 
 din force until and unless repealed or amended. 49 V. c. 
 
 12, s, 9. 
 
 19 All rej^ulations made by the provincial board of health 
 to be laid before the Le,j;islative Assembly, if then in 
 •ion' and if wot then in session, within fourteen days 
 r the commencement of the next session. 49 V. c. 42, 
 
 Conflicting 
 by-laws of 
 looal board 
 suspended. 
 
 R(>KuI»tion» 
 confirmed. 
 
 l?ejrii!atlong 
 to l>u laid 
 before 
 Lv^'i.'tla^.ure. 
 
 les. 
 
 ping under survculance ^^H ^ ^^^ expenses incurred by the provincial board of Kxpenaen of 
 Jps. 48 V. c. 45,8. ^"(PO^^H l^j^ jj^ connection with any epidemic, shall be defrayed unaioca" 
 
 of any moneys appropriated by the Legislature specially J^^^J'-^f ""^ 
 tbt imrpose, and the expenses incurred by the said local 
 irds of health, or by the medical health officer or sanitary 
 jce in the execution or in superintending the execution 
 the veaiilations of the provincial board, shall be defrayed 
 provided for by the muni'^ipal corporations having juris- 
 ;ion over the respective places affected. 47 V. c. 38, s. 
 ieV.c. 45, s. 13. 
 
 lie local boards of health! 
 Ution of any regulations mi 
 execute, or aid in executj 
 ,ve districts ; and to do id 
 nd things as are necessaryj 
 execution of such regulatid 
 ,e case limy require. 4( v 
 
 health may, by order, dec! 
 > made, to be in force wifl 
 ■s of the district of any II 
 
 icipality, and, so far as I 
 oTpply to boats, vessels,, 
 
 Ter conveyances m any po^ 
 I 47 V. c. 38, 8. 5. 
 
 |21. The local board of health or the provincial board of f„';.";;^^;,.'^°'^f 
 iltli may also, from time to time, direct any prosecution regulation. 
 legal proceedings for, or in respect of, the wilful violation 
 [neglect of any such regulation. 47 V. c. 38, s. 9 ; 48 V. 
 
 , S. 14. 
 
 Acquiring Land. 
 
 2. The provincial boaid of health may also, subject to P""*?' '■" 
 lapproval of the Lieutenant-Governor, issue regulations iu.jofiand or 
 
 130 . , 
 
 .- ' m '. ■■ 'ft* 
 
 |--''i 
 
 I •'}'; 
 
 r^*l 
 
 \ ; 
 
 'I i> 
 
 '.v''' 'A 
 
 n\ 
 
 \% 
 
 I .1! 
 
1034 
 
 uvoocupioil 
 bBildiii«. 
 
 THE MUMIOIPAL MARUAX. 
 
 
 Cases of 
 emergoncy 
 
 Notice tO' 
 municipal 
 dork. 
 
 ■J' y%. 
 
 m 
 or 
 
 V. 
 
 Proceedings 
 where owner 
 not consent- 
 Dg party. 
 
 ■■ ''' IS' . "• : 
 " J". ■■;-v 
 
 /* t./''. 
 
 ■V : ^.; :■ /•' ■■ ».>-*' ^ • 
 
 , -•»-< -■. * • 9% . 
 ■ , '■ i .'« .''- Ak. • r 
 
 Compensa- 
 tion. 
 
 [«. 22. 
 
 for taking possession of any land or any unoccupied bu'l^' 
 thereon, by thrt authority of the Haid piovincial b i^''^ 
 health, local borrd, or health officers, for any of tl 
 poses mentioned in sections 13, 14, or 97, of tL'j Act ^i!" 
 such regulations shall not authorize the takincr nv «iv* • • '' 
 for the hospital of any municipality any Land oi- bull I' 
 outside the limits of such municipality. 4<) V . c. 4> "^'^ 
 
 23. In case of actual or apprehended eniergpncv sii h 
 pos.session may be taken without a prior agreement witl fi 
 owner of the land or building and without Ins consent \ 
 ma; be r jtained for such period as may appear to the b J 
 
 r officers who took possession thereof, to be necessaiv ta 
 \ 0. 42, s. 3. ■ ^' ^^1 
 
 24. Written notice containing a reasonable de.scription 
 fcho land .shall, within five days after the taking of obtuinin 
 possession be given by the board or officer so tiikinrr or| 
 obtaining possession thereof, to the clerk of the local numi, 
 cipnlity wherein the land is situate , such notice sliall 1 
 jjiven whether pos.sessioii is taken or obtained with the conJ 
 sent of the owner or otherwise. 49 V. c. 42, s. 4. 
 
 25. Where posses.sion is taken without the consent of tb 
 owner, the boaid or health officer by whom or under who. 
 dhection or authority possession is taken, shall within iii 
 days thereafter give notice thereof to the owner; such notiJ. 
 to be pf^cording to the form contained in Kchedule Lerel 
 annexed, or to the like effect. In the event of any ownd 
 not being known, or not being resident within the Previa 
 of Ontario, or of his residence therein being unknown 
 the board or health officer required to give the notice sud 
 board or health officer shnll cause the notice to be piil)lish«j 
 for two insertions in some local newspaper bavin" a oiicui 
 tion within the municipality wherein the property i:; sittial 
 and shall riail to the last known address (if an") of 
 owner, a copy of the noi'fje in a regi'^tfc^i'd letter prepaB 
 and such publication shall b. sufficieiit notice to tk own 
 49 V. c. 42, 8. 5. 
 
 26. The owner of any land or building shall he eni:< 
 to compensation from the local municipality whfipin 
 land or building is sii ua +», for the \x:,q and occupation then 
 including any damages anf^ing from such use and occiipati 
 such compensation to be agreed upon betwocu the iminicS 
 
 1> ''"-5«< 
 
m 
 
 XL. 
 
 [n. n. 
 
 1 29 (2).] 
 
 PUBLIC HBALTH. 
 
 1035 
 
 y unoccupied building 
 d provincial board of 
 'S, for any of the puv- 
 jr 97, of tlln Act, but ' 
 lie taking or obtaiuiug 
 any lanil or buildings 
 ty. 49 V.c. 42,8. 2. 
 
 anded emergency, suclil 
 •ior agreement with the 
 ^rithout bis consent, and 
 nay appear to the board I 
 sot", to be necessary. 49 1 
 
 reasonable description oi 
 •r the taking or ol)taiuini 
 or officer so taking o| 
 i clerk of the local nnmvi 
 late , such notice shall 1]( 
 or obtained with the coa| 
 p V. c. 42, s. 4. 
 
 without the consent of tb 
 by whom or under \vho( 
 is taken, shall within Hi 
 ■ to the owner; siiclinotiJi 
 •ained in Bchedule C beref 
 u the event of any own 
 isidcnt within the Provin 
 •herein oeing unknown 
 •ed to give the notice, su« 
 J the notice to be puhlisli* 
 'lewspaper having a cucu 
 ' ,ein the property v.; s'.tjia 
 
 n addri-ss (if an;) ot 
 la vegi-tfc..Hl letter preps 
 
 ifficie!it notice to ^hi ow 
 
 lor building shall be emit 
 \\ umnicipality whcrm 
 L u:.e and oooupation ther 
 I om such use and occupat 
 upon betwucu the muaicj 
 
 oouncil of the local municipality and the owner ; and in case 
 they do not agree, the Judge of the County Court of the 
 (ounty wherein the property is situate, shall saaimarily 
 /leterinine the amount of the compensation, and the terms 
 f nHvment, in such manner, and after giving such notices, 
 
 if any. 
 
 as he sees tit. 
 
 49 V. c. 42, 8. 6. 
 
 07 Where any resistance or forcible opposition is offered 2lf . 
 
 «'• .,11. • U • J. 1 /• 1 J poMOMlon. 
 
 apprehended to possession being taken of any land or 
 
 kilding under this Act, or under any regulation which may 
 
 1 be made by virtue thereof, the Judge of the County Court 
 
 ,v without notice to any person issue his warrant to the 
 
 I Aj,,'itj' of the county, or to any other person as he may deem 
 
 most suitable, requiring him to put the board or health 
 Lficer their or his serviiits or agents in possession, and to 
 
 Mt down such resistance or opposition which the sheriff or 
 ' -jjllilf (taking with him sufficient assistance) shall accord- 
 liBglydo! 49 V. c. 42, s. 7. 
 
 28, No land or building to bo used for the purposes of ]^*J^''jJ^*^''JJ 
 ikis \ut shall be nearer than 150 vards to an inliabitediandor 
 liwellinif. 49 V. 0. 42, s. 8. * "-"<»'"«• 
 
 i9_(l) Where information is obtained by the provincial Proceedings 
 lid tliat any remediable unsanitary condition or nuisance to proFinciai 
 Ittists ill any municipality, and tiiat the local health authoii- ^*,'t'^„f',^', 
 lies have af er proper representation of the f.icts, neglected a«tborit.v. 
 Icrrefusel to take such efficient measures as might reuioi'e 
 ncli condition or abate such nuisance, it shall be competenh 
 r the provincial board of health to institute an investiga- 
 tion, and, if necessary, take sworn evidence concerning the 
 jiditiou or nuisance complained of. 
 
 (2) If, upon such investigation it is proved that such 
 ttmedialjie unsanitary condition or nuisance exists, it sha^' 
 sitliin the province of the provincial board to <lirect ^ 
 
 siinmpdiate removal or abatement by the |)ers()n n^spon- 
 ble therefor, and to report the same to the Minister for the 
 Ime in charge of the department, and if tjuch person neg- 
 
 Kts 111 refuses to remove cr abate the same, the provincial 
 
 urdof liealth may cause KiVih removal or abateuient to be 
 le, and collect the expenses therefor from such pi-t-son, 
 
 f ordinary process of law. (/i) 47 V. c. 38, s. 37. 
 
 j()i| See sec. 53. 
 
 B-l ' 
 
 J I 
 
 i 
 
 i- :i'i 
 
 m- 
 
M 
 
 ^o'M\ 
 
 relalhiK' to 
 propoHcd * 
 publio WHter 
 supply IT 
 RyRtflin of 
 A<'W«rat{ii to 
 beHubinittnil 
 to pruTiiicial 
 board . 
 
 Appoint- 
 niuiit of 
 benlth 
 offlftT bv 
 niiini('i|ial 
 council.:. 
 
 THE MUNICIPAL MANUAL. r^ oq ., 
 
 30 — (1) Whenever the establiHhnient of a niil,i;„ 
 1 i. e I 11 L I'uDiic Water 
 
 HupDly or syHtem of aeweruge shall be conteni|,lat(.(l l.v t| 
 eou.icil of any city, town, or village, it shall b^ the dutv of" 
 the SI id council to place itself in communication witrtl" 
 urovinciul board of healtli, and to snbmit tothf>«.>i,i i T 
 before their adoption, all j)laii8 m eonnection with said 
 tetn. (t) ' ^' 
 
 (2) It shall be the duty of the provincial board of |i,.. ui 
 to report whether, in its opinion, the said .system is cil' i 
 ted to meet the sanitary recpiirenients of the iidiaiiitaiit t' 
 the said municipality ; whether any of its ])roviNi,)iis are 
 likely to prove prejudicial to the health of any of tlie .'I 
 inhubitiints, together with any suggestions which it n'll.'y 
 deem advisable, and t(» cause copies of .said repoit tr I > 
 transmitted to tlu^ Minister of the department to wliiclitl 
 said provinciid board of health is attached, and to tli(> el "l- 
 of the municipal council, and the .secretary of the loial boir I 
 of health of the district interested. 
 
 (3) No sewer, or appliance for the ventilation of the same 
 shall be constructed in violation of any of the principjoiijaid 
 down by the provincial board of health, suljject toniipealto 
 the Lieutena)it-Goveinor in Council. 47 V. c. 38 s. ;i8. i 
 
 Medical Board of Health — Medical Ifenlth Officer. 
 
 31. Where from the presence of any formidiihlc oonfa.] 
 2;ious di.sease in any locality, the provincial boiird of liealtj 
 considers the appointment of a medical health ollictr ikmis.! 
 sary for the municipality in which such di.sease exists, or fori 
 any neigld'ouring municipality, and requests the council of! 
 any such municipality to appoint a medical health oflivr] 
 
 ((') The ]>reservation of the public health is a matter of p.iriiiKumtj 
 niur.icipal ini ortance. Kx pnrtf Shiadcr, 83 Cal. 279 ; .4 s/jZ/jvif v.J 
 Coiinuoinofulffi, I Bush. (Ky. ) 139; Hurriaon v. lialliiuon', 1 (iilj' 
 (Md.) 264 ; aihl,07i.i v. 0<j(/r)i, 9 Wheat. (U.S.) 205. A City CoiiucI 
 liaving power to pass liy-hiws "to preserve health," wa.slulil tolia/ 
 the i)ower to procure a supply of water hy boring au artesian well 
 ov otherwise, on a public square, as they saw fit. Lirimidm 
 Paj>pin, 31 Ala. 542 ; see also Jiovie v, Cabot, 28 Ga. 50 ; Half 
 Hoimhton, 8 Mich. 4.58 ; see further, sec. 489, sub-s. 42 of the iMun 
 cipal Act. But it has been held that a municipal corporatiouonnii 
 lands on a water course distant from the city, had no riglit— iiiih 
 acquired by purchase or by the exercise of the right of eniina 
 domain — to divert water to the injury of other riparian propiiett 
 Stein v. Burden, 24 Ala. 130. 
 
[r. 30 (1). 
 
 of a pu\)Uc water 
 )nU'tinilat('(\ \))' ilic 
 ilmll ba the ilvUy of 
 luiiication \vitl\ tlic 
 it to the H!\\<1 \Kmni, 
 ctioii with aaid sys- 
 
 icial board of iicaUli 
 lid sysli'Hi is calcula- 
 I tbo, ii\ludiita\its ^^i 
 oi its provisions are 
 l» of any ot tin; said 
 stions Avliicli it ii\;,y 
 of said ri'povt to lie, 
 partiiiont to wliiehtlie 
 ubed, and to tlio cli'vk 
 Litary of tlic loi al W.ud 
 
 veiitilatiou of tlicsniuc, 
 ly of t\>e priiieipU'slaul; 
 itb, subifct to ai'pealto.: 
 47 V". c. 3S, s. :^8. 
 
 leal Health Officer. 
 
 . any formidable ..•oiita-; 
 ^vincial bo.ird of lie;>Uh| 
 i,-al bealtli oineri' lui >*! 
 •l, disease exists, ov fori 
 requests tbo couiiril ol 
 tnedical health officerj 
 
 lt\i is a matter of pi;"n«»«n3 
 
 U S.) 205. A C.ty CouuJ 
 
 L boring au artfsuui well 
 Key saw fit. L'nn<^on fj 
 '^S.ot 28 Ga. 50 ; Half f 
 
 Enunic'ipalcorporauouoNvnil 
 te c^ty, bad no r,gU-u«lj 
 W of the right of emmai 
 o! other riparian propnetoi 
 
 35.] 
 
 PUBLIC HEALTH. 
 
 1037 
 
 uc 
 
 ♦he council shall forthwith appoint a properly qualitiod 
 medical pructitioner to he medical health officer for the 
 
 muuioipidity. 
 
 48 V. c. 46, s. 2. 
 
 32. It' a council does not appoint a medical health otHcnr lJP'"ovin- 
 within live days after a request in that behalf made by the 
 nioviiii'iiil board, which request n)ay be .served upon the head 
 
 of the louncii or its clerk, or mailed to either of such otlicerB 
 u registered letter post, the Lieutenant-tJovernor upon the 
 ^jomiuendation of the provincial board may a|)point a 
 medical health ofticer for such municipality. 48 V. c, 45, s. 3, 
 
 33. livery medical health oflicor appointed by the munici- i>iiratU)n of 
 nalcoinicil shall hold office during the pleasure of the council 
 
 jmi if under the preceding section the medical health officer 
 
 ■.,jp|)(,iiited by the Lieutenant-Cjovernor, he shall hold office 
 
 until tiie 1st (lay of February in the year following that in 
 
 which lie is appointed ; Provided always, that the municipal 
 
 council may at any time, upon a two-thirds vote of its mem- 
 
 Ijeis dismiss any medical health officer for a nogkict of duty ; 
 
 and the decision of such council shall bo final, and shall not 
 
 niiiler the corporation liable for any damages ; the medical 
 
 »h!i otficer shall be entitled to compensation foi- services ^""l^^'J.'lJ^g 
 
 acliullv rendered up to the time of such dismissal, but the °' dismissal. 
 
 amount of such compensation shall not exceed the salary he 
 
 would have earned up to the time of such dismissal, and if 
 
 liissiihiry up to such time is paid, such payment shall be a 
 
 lav to any other claim for services rendered. 48 V, c. 45, 
 
 34. Whenever, during the presence of any formidable Vacancy in 
 contagious disease in any municipality or neighbouring local- ^^^' **"* 
 ity, any medical health officer becomes tamporarily or per- 
 
 I iDaneiitly incapable of ])eribrming his duties, or resigns his 
 1 office, or leaves the locality for which he has been appointed, 
 I the council shall forthwith appoint another medical health 
 1 officer in his room. 48 V. c. 45, s. 5. 
 
 35. Where two or more municipalities are united into a Case of 
 Wth district, the provisions of the preceding four sections mun'olpai. 
 of this Act shall apply, except that the power and duty of ties united 
 jppointlng or removing a medical health officer shall be with health 
 the district board of health, unless the councils of the muni-^'**""** 
 yiities composing such health district have, previous to 
 iuy request iu that behalf being made by the provincial 
 
 r 
 
 > 1 
 
 11 
 
 I ' !';;' 
 
 i : 1;^ 
 
1038 
 
 THE MUNICIPAL MANUAL. 
 
 tlon of medi' 
 eal hetltta 
 oflloer. 
 
 h'' 
 
 [«. 35. 
 
 board, united in anpointing a medical health officer for 
 municipalities, and the Lieutonant-Qovernor may, jn case'*' f 
 their default, appoint a medical health othcer for su h i- 
 trict. 48 T. c. 46, s. 6. " '^"^ 
 
 36. In case the appointment of a medical health offic 
 is made by the provincial board of health he shall l)eeiuitlpi 
 to recover from the municipality reasonable cotnpensiitio' 
 for hia services, (j) 48 V. c. 45, s. 7. " 
 
 iiUpowar*. 37. Where a medical health officer is appointed \u>. shar 
 possess all the powers and authority possessed by ajiy l,ealtl' 
 officer or sanitary inspector under this Act, and' such niedi' 
 cal health officer shall jiorform all duties imjmsed upon hii 
 by any regulations of the provincial board of hoalth, and til 
 fact that similar duties are by statute imposed upon the 
 local board of health shall not relieve the medical hcuUl 
 officer from the pei-f orraance of such duties. 48 V. c. 40 s 8 
 
 Suapenaion of Municipal and JS'chool Electiom. 
 
 38— (1) In case the provincial board of healtli ropoits to] 
 the Lioutenant-Cirovornor that on account of the piostncel 
 in any municipality of an epidemic or conta<,'ioua disiase itj 
 would be dangerous to hold an election in such uiuiiicipali'ty I 
 the Lieutenant-Governor may, upon application \)\ thM 
 council of the municipality in that behalf, issue his piodai 
 mation postponing the holding of any intended niunicipil 
 school election, for a period not exceedirii,' tliree nu iitln 
 and may from time to time further postpone such clci'tioB 
 if in the opinion of the said board the necessity for posi 
 ponenient continues. 
 
 (2) The Lieutenant-Governor may, by his said iiroilima 
 tion, name the days for holding the nomination and p. llic 
 for the election, but in case no d.ays are named thcicfor, tl 
 council shall, us soon as pi-acticable after the period nania 
 in such proclamation, or the lart of such procluniation 
 expires, by by-law name days for the nomination an 
 polling. 
 
 (3) In case an election postponed under the provisions i 
 this section is the annual election, or an election of 
 entire council, or of all the members of a board of trust 
 or other body the membei-a of the council, board or otlj 
 
 8uRp«nMion 
 of municipal 
 and school 
 flieotlona. 
 
 (j) See note n to see. 47. 
 
 
lllHIlt. 
 
 ^^39/3).] PUBLIC nsALTn. 1039 
 
 Uff sliA^I continue to hold office until their suocossora are 
 ^U 48 V. 0. 46. B. 9. 
 
 LOCAL nOARDS OF IIRALTH. 
 
 Organization. 
 
 3g._(l) There shall be a local board of health in each '^^"•i »»»«^» 
 township imil incorporated village, to be composod of the tii«ir oonn'ti. 
 ^ve, clerk and three ratepayers, to be appointed annually J^ppoin*"'' 
 by the municipal council, (k) 
 
 (2) There shall be a local board of health in each town 
 mntaiiii"'^ loss than four thousand inhabitants according to 
 the municipiil onumoration of the previous year, to consist 
 nftho uuvyor, clerk and three ratepayers, to be appointed 
 jnniially by the municipal council. 
 
 (3\ There shall bo a local board of health for each city 
 ind tor each town containins; more than four thousand 
 inliiibiUiitH, according to the municipal enumeration of the 
 nrevious year, to consist of the mayor and eight ratepayers, 
 Llieunpoi'itod annually by the municipal council, (l) 47 
 V.c, 38, s. 12 (24)^ 
 
 (i) Where ar. action was brought to recover remuneration for 
 
 medieiil services porfonued on the instructions of tlie corporation 
 nl of till) hoard of lioalth and it was ohjectod that the by -law pro 
 leMini; to appoint the board of healtli was invalid by reason of the 
 (icttliiitit meriily purported to ajjpoint throe jwrsons to be a 1)oard 
 oiheultli but did not make any mention of the olHoers who hy this 
 lab-si'iitioii ivre made i'.x-q(fir{o momhera of the board of health and 
 kauseit ilid uiit spooilioally state the three individuals named to 
 be mtepayers it was hold that looking at the provisions of the 
 lUtutu auil coiniilering tliat the attack made upon the hydaw was not 
 bv motion to (puwh it or of a' like character the objection could not 
 beallowed to prevail. /Ixjarl v. Tiiwiifhip of Sfijmoiw, 10 O. 11. 322. 
 
 over the 
 
 A bylaw giving to a board of health "general supervision 
 
 the healtli of the city," and "all necessary power to carry the 
 
 otdiimce into eilect," was held to inolude power to rent a building 
 
 i lor 1 temporary hospital, to protect the city from an apprehende<l 
 
 risitiitioii of ohokra, and to make the Corporation liable for the rent 
 
 iltbough it did not heconie necessary to make use of the building. 
 
 Jiillv, Le.chiti(on, 18 Mo. 401 ; Bn>-ton v. New Orlcam, 16 I^. An. 
 
 i JH; Etkhtf V. Farmr, 8 Allen (Masa.) 325 ; VonunisKioners v. Powp, 
 
 jjones, Law. (N. Car.) 134 ; Ilazeii v. Stroiiff, 2 Vt. 427 ; Wilkinnon 
 
 It, .4/60111/, 8 Post. (N. H.) 9. Such a ' -^T-d would have power to 
 
 make quarantine regulations. Owftot.s \ AiKjUHtn, Dudley ((Jeo.) 30 ; 
 
 U, Louis T. Md'oy, 18 Mo. 288; St. Luuit v. Buffiwjer, 19 Mo. 13; 
 
 \udfe. V. iit. Louis, 11 Mo. 10.3; Mitchell v, Rockland, 41 Maine, 
 
 J63; 45 Maine, 496. 
 
 Mii 
 
 ^ h\ 
 
 m 
 
 '■1 
 
 I . I 
 
 ii ii* 
 
 1;. 1 
 
 ■i! ;i 
 
 ,1': 
 
 i^■\ 
 
 ■ \ 
 
 ■I 
 
 ■■■ I, 
 
 l! ;.', 
 
1040 
 
 THE MUNICIPAL MANUAL. 
 
 ■i 
 
 v-.A 
 
 Appoint 
 uient 
 members 
 board. 
 
 [s- 40. 
 iot- 40. The appointments of members of the board (7?i\ », 
 
 «rs of be made at the first meeting of the municipal council ft 
 being duly organized, and any vacancy arising bom 
 cause shall be filled at the first meeting thereafter f ti!^ 
 municipal council : but, if for any reason appointment 
 not made at the proper dates, the same shall be matin ^^^ 
 as may be thereafter. 47 V. c. 38, s. 13 (2). ^'^^^oo" 
 
 Union of 41. Two Or more councils may, by concurrpnt u„ i 
 
 municipal!- -i. i.i • x- • • i-i- • ^ :""^"'' "V-laws 
 
 ties into one Unite their respective municipalities into a health district 
 health and any of such councils may withdraw its niunici If 
 from the district by a by-law passed prior to the Istd • »• 
 December of any year, and to take effect on the thirrl AT 
 
 district. 
 
 day of January following. 47 V. c. 38, s. 14. 
 
 third Moii- 
 
 of health. 
 
 Powers of 
 
 district 
 
 boards. 
 
 Constitution 42. The members of the district boards of health shall 
 boards oV sist of three members of each municipality included in th 
 district, namely, the head of the council, the municinl 
 clerk, and one other ratepayer not a member of the counc'l 
 to be appointed by the council. 47 V. c. 38, s. 15. ' 
 
 43. Every district board thus constituted and its menibeis 
 shall, in respect of the health district for which it acts 
 sess the same powers, be subject to the same regulations' aid 
 ])erform like duties as a local board of health of a niuQiej. 
 pality and its members. 47 V. c. 38, s. 16. 
 
 44. Every local or district board shall elect a chainiKtn 
 
 •\nd the clerk of the municipal council shall be the secretary 
 
 of the local board, and the district board may elect one of ite^ 
 
 members, or appoint some other person as its secretiry 47I 
 
 V. c. 38, s. 17. ^' ^ 
 
 iJi'crotar.v to 45. It shall be the duty of the secretary to report to th^ 
 Z^T^^iS of secretary of the provincial board of health tiie names of the 
 members of the local board within one month after its lira 
 I'egular meeting which shall be held on the secoud Mondai 
 after the members, who are not members ex o^do, have bee 
 appointed. 47 V. c. 38, s. 18. 
 
 Officers of 
 local or 
 
 district 
 boards. 
 
 provinrial 
 board tlie 
 names of 
 members. 
 
 I'roTincial 
 board may 
 
 46 
 
 -.w When any municipal council neglects or refuses 
 appointTo elect members or a member of the local or distiict board 
 lo'-ai board jiealth as rcquiied by this Act, the provincial board of heal 
 
 (/«) The members of the local bounls other than fhevxojliciouiei 
 bars may or may not be members of the council, but theyniustf 
 ratepayers. See sec. 39. As to district boards. See sec. 42, 
 
L. 
 
 [«. 40. 
 
 the board (m) shall 
 micipal council after 
 cy arising from any 
 ig thereafter of the 
 ion appointments are 
 
 shall be made as soon 
 
 13 (2). 
 
 y concurrent by-laws, 
 ito a health district-. 
 di-aw its municipality 
 jrior to the 1st day of 
 feet on the third Mou 
 38, s. 14. 
 
 ards of health shall con- 
 iipality included in the 
 council, the municipal 
 member of the council, 
 ' V. c. 38, s. 15. 
 
 istituted and its members 
 ,ct for which it aces, 
 the Bame regulations, and 1 
 of health of a muuici- 
 38, s. 16. 
 
 1 shall ehict a chairmaa,] 
 
 incil shall be the secretary 
 
 board may elect one ofit^ 
 
 Tson as its secretary. 4T 
 
 Lecretary to report to tjj 
 ofl^ealththenamesotthi 
 Ji one inonth after its lird 
 Id on the second MondaJ 
 [embers c.t! o^lcio, have bee" 
 
 Lil iieglects or refuses 
 le local or district hojrd 
 Te provincial boardofhe^ 
 
 hrTher than the w«#cioiueJ 
 fthe council, )n.t they ™^^^ 
 let beards. Sec sec. 42, I 
 
 PUBLIC HEALTH. 
 
 1041 
 
 to be a '" <!*" ™"«>- 
 
 1 liL *" neglects 
 
 iiealtn to do m. 
 
 appoint a duly qualified ratepayer or ratepayers { 
 "^ mber or members of such local or district board of 
 to act with the«£c ojicio or other members. 47 V. c. 38, s. 19. 
 
 if Every municipal council may appoint a medical health Appoint 
 
 fficer and a sanitary inspector or ins))ectors for the munici- mediwf 
 
 ° iM, and may fix the salaries to be paid them, or two oi'heaitho 
 
 nallty, *"" " •' -1. ■ 2.U • i. i i- i-i.1 and sanitary 
 
 rP councils may unite in the ai)pointmcnt ot "' '■^ 
 
 20. 
 
 or two or ''*"''''"''''*'"' 
 
 „ , and sanita 
 
 any ot these inf<peotor. 
 
 Powers and Duties. 
 
 Aft The municipal council or councils may vote such sums 
 re deemed necessary by the local or district board for 
 "^carrying on of its work. 47 V. c. 38, s. 21. 
 
 49 The treasurer of the inunicif)ality shall forthwith upon 
 lernand par out of any moneys of the municipality in his 
 bands the amount of any order given by the members 
 f the local board, or any two of them, for services performed 
 nnder their direction by virtue of this Act. R. S, O. 1877, 
 
 190,s.28;47V.c. 38, 8.12(1). 
 
 50 The members of the local and district boards shall be 
 I called health officers, and shall have the powers and duties 
 
 assigned to such officers by this Act ; and any two or more 
 [of them acting in the execution of any regulations of the 
 Lrovincial board of health may exercise tlui powers and 
 ILtliorities conferred by sections 68 and 69. R. S. O. 1877, 
 ltl90,s.25;47 V. c. 38, ss. 12 (1), 22. 
 
 61. A majority of the number of any regularly consti 
 Bted board shall be a quorum for the transaction of business. 
 ||jV.c.38,s. 23. 
 
 52. A minute book shall be provided in which the secre- 
 bry shall record the proceedings of the local board of health. 
 1i8 secretary shall draft and annual report of the sanitary 
 tork done during the year, an of the sanitary condition of 
 lie municipahty, for the consideration of the board, which 
 ort, when adopted, shall be transmitted to the secretary 
 the provincial board of health. The said report shalj 
 
 |(ii) Where the by-law appointing a medical health officer did not 
 tuy salary it was held in an actior? by him for renuineration that 
 iliw would fix the salary at a reasonable sum, regard being had 
 [the services performed and to be performed by the plaintiff. 
 (jarlT. Townahip of Seymonr, 10 O. II. 328. See also sec. 31 et seq, 
 
 131 
 
 Appropria- 
 tion for 
 worii. 
 
 Municipal 
 treasurer to 
 pay by order 
 of local 
 board. 
 
 Health 
 ofticerH. 
 
 Quorum. 
 
 DutleH of 
 secretary. 
 
 .i:'1 
 
 *. -. i 
 
 I I 
 
 t' 
 
 m^' 
 
 iri ! ; 
 
 M; 
 
1042 
 
 Mode ill 
 which local 
 board may 
 enforce iU 
 authority. 
 
 THE UUNIGIPAL UAMUAL. r 
 
 [«. 52. 
 
 include the annual report of the medical health nffi 
 
 V. c. 38, s. 24. ^^^' 47 
 
 53. Whenever any local board of health has any mih • 
 to direct that any matter or thing should b^, ^(^e u "*^ 
 person or corporation, such local board of health mav I ""^ 
 default of its being done by the person, direct that °' ^! 
 matter or thing shall be done at the expense of the 
 in default, and may recover the expense thereof with '^^^ 
 by action or distress ; and, in case of non-payment th '^^ 
 
 ""wnicipalj 
 
 the same shall be recovered in like manner as 
 taxes. 47 V. c. 38, s. 25. 
 
 Inspection 
 of alaugliter- 
 houses. 
 
 Rpfl^ulation 
 of ice 
 supplies. 
 
 Duty of local 
 board to 
 inspect 
 districts for 
 detection of 
 nuisances. 
 
 Jfuisancer, etc. 
 
 54. AH V)utchers selling within the limits of any mun" " J 
 pality shall, on the request of the health authorities, maM 
 affidavit as to the place or places at which the slauchtp 
 their meat is carried on, and where this is outside" of +1 
 limits of the municipality such slaughter-houses shall be 
 to inspection by the inspector or medical health officer of ^' 
 municipality where the meat is offered for sale, (o) Tn 
 of refusal to make such affidavit and permit said inspectiol 
 said butchers shall be subject to the penalties iirescrib 
 under section 106 of this Act, should the sale of meat 
 continued l)y them afte.' notification to discontinue has! 
 given by the ntedical health officer. 50 V. c. 34 s. 4 
 
 55. The local board of health of any municipality 
 district in which supplies of ice are obtained, sold andstoii 
 shall have power to adoi)t such regulations re<»ardinf 
 source of supply, and the place of storage of the samel 
 shall in their opinion be the best adapted to .secure if 
 purity of the ice, and prevent injury to the puhlic heal 
 The powers and duties of all local boards in this lesd 
 shall extend to the supervision of ice supplies, wlieU 
 obtained within or outside the municipality, whenever 
 ice cut is intended for use within the nmnicipality in wji 
 the board has jurisdiction, 50 V. c. 34, s. 2. 
 
 56. It shall be the duty of every local boaid of healtJ 
 cause to be made, from time to time, inspection of its! 
 trict, in ord(?r to prevent the accunmlation within] 
 district of any dirt, filth or other thing which may enda 
 
 (o) See sees. 8 and 9 of sched. A. See also aub-s. 44 of sec. 
 the Municipal Act. , 
 
L. [t. 52. 
 
 il health officer. 47 
 
 iHh has any authority 
 ould h^ done by any 
 , of health may atso, lu 
 rson, direct that such. 
 ixpense of the pereou I 
 nse thereof "with costssl 
 non-payment thereof J 
 , manner as municipaH 
 
 he limits of any munici- 
 health authorities, raak^ 
 t which the slaughter ( 
 e this is outside of tb 
 ffhter-honses shall be op«, 
 ledical health officer of tii 
 eved for sale, (o) In cai 
 ind permit said inspectioi 
 ) the penalties \)vmx\¥ 
 lould the sale of meat 
 ^on to discontinue has 1 
 .r. 50 V. c. 34, s. 4. 
 
 Itb of any municipality^ 
 Ire obtained, sold and storf 
 , ve-^ulations regarding li 
 of storage of the same,] 
 Lest adapted to secure I 
 Uv.ry to the public heal 
 ocal boards in this resd 
 
 Ln of ice supplies, whett 
 Lnunicipality, ^vlleuevev 
 L themumciplityiu^ll 
 
 ' V. c. 34, s. 2. 
 Lry local board of healtl 
 K time, inspection of its 
 L accumulation within 
 Bv thing which may enaaj 
 
 gQl PUBLIC HEALTH. 1043 
 
 ^e public health, and with a view to ascertain what nuisances 
 ist calling for abatement under the powers of this Act, and 
 t enforce the provisions of this Act, in order to abate every 
 jacb nuisance. 47 V. c. 38, s. '28. 
 
 57. A medical health officer of a municipality may exer- Powew of 
 cise any of the powers conferred upon health officers by "alth*' 
 sections 66, 67, and 70 of this Act, and may without being °'"'*'- 
 snecially authorized by the board, exercise any powers which 
 Ser section 68 can be conferred up';n two medical practi- 
 tioners and the board may act on his report. 47 V. c. 38, s. 29. 
 
 5g. Information of any nuisance or unsanitary condition J';^^j;^n»|)°° 
 jnder this Act within the jurisdiction of any local board may to local 
 u riven to such local board by any person aggrieved there- **" ' 
 k or by any two inhabitant householders, or by any officer 
 of such local board, or by any constable or officer of the police 
 (orce within the jurisdiction of the board. 47 V. c. 38, s. 30. 
 
 59. Whenever such information has been so given, it shall uorto be 
 letheduty of the local board of health to investigate the™«deby 
 Iduse of the complaint ; and to hear the testimony of all 
 rsons who may be p^'oduced before it to testify in respect 
 such matter; and every local board or any two of its 
 imbers shall have the same authority as a Justice of the '' 
 
 to require and compel the attendance of witnesses and 
 i giving of evidence. 47 V. c. 38, s. 31. 
 
 i 60. Whenever the local board of health is satisfied of the J;"^'*].,'^""'* 
 ristence of the nuisance, it shall serve a notice on the notice 
 on by whose act, default, oi sufferance the nuisance ^i,^tement 
 js or continues, or, if such person cannot be found, on"' nuiiances. 
 leowneror occu|)ier of the premises on which the nuisance 
 istsorfrom which the same arises, requiring him to abate 
 ssame within a time to be specified in the notice, and to 
 icnte such works, and do such thni<Ts, as may be necessary 
 rthat purpose, provided : , 
 
 lfiwj^_That where the nuisance arises froiu the want or 
 liective construction of any structural convenience, oi' 
 ^ere there is no occupier of tlie premises, notice under this 
 ttion shall be served on the owner ; 
 
 (Sko/i(?,— That where the person causing the nuisance 
 not be found, and it is clear that the nuisance does not 
 i or continue by the act or default of the owner or occu- 
 rof the premises, and it is therefore improper that such 
 
 i ;' 
 
 til 
 
 f ■ ^t i -m 
 
 fi i 
 
 \M 
 
 V? 
 
 . ■ !• 
 
 F". 
 
 
 1 .: 
 
 
 |i 
 
 
1044 
 
 THE MUNICIPAL MANUAL. 
 
 [•■60.I 
 owner or occupier should be required to abate the s 'a 
 sance, the local board of health may abate the nuis ^^^ 
 the expense c»f the municipality or district 47 y ^ol 
 82; 50 V. c. 34. s. 12. " *'"^« 
 
 Power to gl. Where a nuisance in a municipality oi- A;„i. • 
 
 proceed V. u u 11 a- u j h-^uty 01 district an 
 
 where cause pears to be wholly or partially caused by some act or H f 
 
 of nuisance ^»»,...:i.4-»J ^« 4-„l.-r^.^ ...i«^„ ^■.■.i-..:^^ „* iU- _ ... ' "^Mau 
 arises with- 
 out district. 
 
 ori 
 
 Recovery of 
 costs and 
 expenses 
 incurred in 
 •bating 
 
 DUiBUDCeS. 
 
 Restriction 
 on establish 
 ment of 
 offensive 
 trades. 
 
 * committed or taken place outside of the municipalitv 
 :t. trict, the board of health of the municipality or distr" t ^ 
 take or cause to be taken against the person by whos -"* 
 default the nuisance is caused in whole or in part an 
 ceedinKs in relation to nuisances by this Aot on^^u • ' 
 with the same incidents and consequences, as if such 
 default were committed or took place wholly with*^ 
 jurisdiction, so, however, that summary proceedings shall 
 no case be taken otherwise than before a Court having ' 
 diction in the municipality or district v/here the actor dpf 
 is alleged to be committed or take place. 47 V. c 38 
 
 62. All reasonable costs and expenses incurred in abati 
 a nuisance shall be deemed to be money paid for thp 
 and at the request of the person by whose act, defaults 
 sufferance the nuisance was caused, and such costs 
 ex[)eiises shall be recovered by the municipal council 
 local board of health or person incurring the same un. 
 ordinary process of law ; and the Court shall have powel 
 divide costs, expenses and penalties between persons! 
 whose acts or defaults a nuisance is caused as to it 
 seem just. 47 V. c. 38, s. 34. 
 
 63. In case a person establishes, (p) without the coa 
 of the municipal cotnicil of the locality, any offensive td 
 that is to say, tlie trade of : 
 
 lilood boiling, or 
 T^one boiling, or 
 Refining of coal oil, or 
 Extracting oil from fish, or 
 Storing of hides, or 
 Soap boiling, or 
 Tallow melting, or 
 Tripe boiling, or 
 Slaughtering of animals, or 
 The manufacturing of gas, or 
 
 ip) As to what is newly establishing a business, see Livtrp 
 Market Co. v. Hodson, L. R. 2 Q. B. 131. 
 
 4^* J 
 
 
 'ill 
 
JUXL. 
 
 l«.' 
 
 PUBLIC HEALTH. 
 
 1045 
 
 \ to abate tbe said q\uJ 
 
 abate the nuisance 
 
 district. 47 Y. c. 38, i 
 
 icipality or district a 
 sd by some act or defa 
 [ the municipality or 
 inicipality or district 
 he person by whose net 
 rhole or in part, any p 
 
 by this Act authoriz . 
 squences, as if such act< 
 
 ^)lace wholly within i 
 imary proceedings shall 
 efove a Court having jui 
 vict v/here the act or del 
 B place 
 
 47 V.c.38,8. 
 
 xpenses 
 
 incurred in ahati 
 
 be money paid for the 
 
 ,n by whose act, defaultJ 
 
 paused, and such costs J 
 
 the municipal council 
 
 incurring the same, un 
 
 \e Court shall have powe 
 
 ualties between pei-sons| 
 
 a\cG is caused as to it 
 
 shes, 0^) >^ithout the con 
 locality, any offensive ti^ 
 
 or 
 or 
 lal oil, or 
 
 fronv tish, or 
 les, or 
 lor 
 ig, or 
 
 J, or 
 
 lof animals, or 
 
 Ituring of gas, o»' 
 tuigThusiness, see Limp 
 B. 131. 
 
 ther noxious or offensive trade, business or manufac- 
 ""^"or such as may become offensive, (q) he shall be liable 
 nenalty not exceeding $250 in respect of the establish- 
 ^ *t thereof ; and any person carrying on a business so 
 r^Vshed shall be liable to a penalty not exceeding *10 for 
 I day on which, after notice in vriting by the local board 
 1 officer thereof, to desist, the offence is continued, 
 I ii gr there has or has not been any conviction in respect 
 fthe establishment thereof. 47 V c. 38, s. 35. 
 
 f^j\) If, on an investigation by any local board of ''"j**''"'"" 
 
 7 nuisance or thing prejudicial to health is found ment'of " " 
 exist ma municipality in which it has jurisdiction; and ,?;,"JXT 
 I ft rthe board has required the removal or abatement of cpusWera- 
 Lsame within a specified time, the board fin •. .at default ciTfflcuUy. 
 
 oh removal or abatement has been made, and tlie case 
 
 ' -to the board one involving considerations of difficulty 
 
 (T to the fact that such removal or abatement involves the 
 
 "diture or loss of a considerable sum of money, or that 
 
 trade or industry is seriously interfered with, or owing 
 
 Votlier circumstances, the local board of health may apply 
 
 [die provincial board of health to investigate and report 
 
 nthesame, and it shall be the duty of the provincial board 
 
 1 the approval of the Minister of the department to make 
 
 1 investigation and report. 
 
 U If the report recommends the removal or abatement 
 
 iti nuisance or thing, the local board or any ratepayer 
 
 Linff in the municipality, or within a mile thereof, may 
 
 Lv to the High Court, for an order for the removal or 
 
 «raent of the nuisance or unsanitary condition, and to 
 
 ■ain the proprietors of any such industry from carrying 
 
 ) same until the said nuisance shall have been aliated to 
 
 isatisfaction of the provincial board of health ; and the 
 
 Lrtinay issue such order upon the report of the provincial 
 
 lof health. 47 V. c. 38, 
 
 ■.,!« 
 
 , ^!l 
 
 p:h|P| 
 
 I , II 
 
 36. 
 
 The medical health officer under the direction of the inspection 
 1 board of health shall have authority to make or cause "n?" ami' 
 [made by a veterinary surgeon, or such other com pe- 'j'^^tsiitor 
 I person, as the circumstances may require, a periodic 
 Ktion of all dairies, cheese factories and creameries, ♦ 
 f farms, and slaughter houses, which come within his or 
 tjurisdiction. (r) 50 7. c. 34, s. 5. 
 
 snb-s. 44 of sec. 489 of the Municipal Act. 
 I See sees. 9 and 10 of ached. A. 
 
 r . 1 
 
 l':iF 
 
 I r 
 
 ■llfi 
 
1046 
 
 Hmlth 
 offleeri may 
 •Dter and 
 «zainine 
 premise!. 
 
 Power to 
 
 order 
 
 cleansing. 
 
 THE MUNICIPAL UAXVAL. 
 
 [«. 
 
 Medical men 
 may be 
 authorized 
 by the 
 officers to 
 examine. 
 
 On report of 
 ineuical 
 men.pvrbfins 
 infected may 
 be removed. 
 
 66. The health officers of any municipality or anv t 
 them may, in the day time, as often as they ti ink ne ^^ °' 
 enter into and upon any premises in the place for ^^' 
 they hold office, and examic.e such premises. R 8 n loJf 
 c. 190, s. 3. ' "• *'»77. 
 
 67. If, upon such examination, they find that the prem' I 
 are in a filthy or unclean state, or that any matter or tK^*! 
 is there which, in their opinion, may endanrrer the u^i 
 health, they or any two of them, may oider^the ow "I 
 occupant of the premises to cleanse the same and to r ^ I 
 what is so found there. R. S. O. 1877, c. 190 « i • ]5°wl 
 c. 38, s. 12(1). ' ^^^TV.! 
 
 6B. Such health officers or a majority of them may 
 by wairaiit under their hands, authoiize any two nied" 
 practitioners to enter in and upon any house, out-house 
 premises in the day time for the purpo.se of making enau" 
 and examination witli respect to tlie state of health of 
 pef.son therein ; and may also, upon the report of gj 
 medical practitioners in writing recommending the sai 
 cause any person found therein infected with a'dangerou, 
 contagious or infectious disease to be removeil to some h 
 pital or other proper place j but no such removal sliall 
 phice unless the said medical practitioners state in their 
 repent that such person can be removed without danoer 
 life, and that such removal is necessai-y in order to "en 
 against the spread of such, disease to the adjoining house 
 houses. K. S. O. 1877, c. 190, s. 6 ; 47 V. c 38° ss 12/1 
 22. ' ' ^ 
 
 When 
 inhabitant): 
 of a houof 
 may be 
 removed. 
 
 69. Where a disease of a malignant and fatal characft 
 discovered to exist in any dwelling-house, or out-hoiisel 
 jioraiily occupied as a dwelliriir, in a city, town, villageJ 
 township in Ontario, or within a mile thereof, and 
 house is situated in an unhealthy or ci'owded part of] 
 city, town, village or townsliip or adjoining country, or 
 a filthy and neglected state, or is inhabited by too 
 persons, the health officers of the municipality or a majq 
 of them may, at the expense of the municipulity, compe 
 inliabitants of such dwelling-house or out-hou.se to reij 
 thiM-efrouj, and may place them in sheds or tents, or 
 good siielter, in some more salul>rioii8 situation, iiiitil 
 sures can be taken under the direction and at theexpen 
 the municipality, for the imme liate cleansing, vetitilii 
 
 ':^^'e:¥^.' 
 
sipality or any tvo of ■ 
 
 they tl ink necessary, 
 
 X the place for which ' 
 
 tmisen. R. S. 0. 1877, 1 
 
 y find that the premisetl 
 lat any matter or thing! 
 ty endanger the pubiiol 
 kV order the owner «l 
 the same and to removel 
 877, 0.190,8.4; 47 Y.| 
 
 lority of them may ala 
 ihovize any two medic 
 any house, out-honse, 
 (urpoae o£ making enquii 
 ,\ie state of health o! aij 
 upon the report of su^ 
 recommending tne san* 
 nfected *ith a dangerou 
 a be removed to some h^ 
 no such removal shall tf 
 ctitioners state in theirs 
 emoved without dangerj 
 cessary in order to guJ 
 . to the adjoming house! 
 ; 6; 47 V. c. 38, 88.121 
 
 In 
 
 PUBLIC HEALTH. 
 
 1047 
 
 \V» 
 
 ignant and fatal cW 
 ing-house, or out-house i 
 
 in'a city, f-'/aJ^ 
 
 a mile thereof, and 
 ,\,Y or crowded I'avtof] 
 lo,- adioiuing country, oi 
 ' . ts iuhahited by too 
 
 . municipality, or a majq 
 
 the municipaUty, compej 
 
 use or out^houne to ve,^ 
 
 in sheds or tents, 
 
 ul.riovis situation, 
 Urectionaudattheexpen 
 
 e Uate cleansing, veutd^ 
 
 .13.] 
 
 'fication, and disinfection of such dwelling-house or out- 
 C B- S. O. 1877, c. 190, s. 7 ; 47 V. c. 38, ss. 12 (1). 
 
 t 
 70 In case the owner or occupant of any dwelling or Powers of 
 
 BrtiniBes neglects or refuses to obey the orders given by the£;",lf^„ 
 
 Uth officers, sach health officers may call to their assist- <n»obeyeci. 
 
 all constables and peace officers, and such other persons 
 
 lUy think tit, and may enter into such dwelling orprem- 
 
 and cleanse the same, and execute or cause to be 
 
 jjuted therein the regulations of the provincial board of 
 
 Wth or any by-law of the municipality, and remove there- 
 
 . and destroy whatsoever it is necessay to remore or 
 
 ktrov for the preservation of the public health. R. S. O. 
 
 fee. 190, ss. 5, 26 ; 47 V. c. 38, s. 12(1). 
 
 71 VT^here unc er the jirovisions of this Act, or of any Authority to 
 unicipal by-law, the local board or any health officer rfte%te.. 
 Upves any dirt, l^lth, refuse, debris, or otlier thing which "f'e' 
 ilikely to endanger the public healtli or to become or cause 
 Luisance, or which is, or is causing a nuisance, su ch dirt, 
 L fgfuse or other thing shall be subject to the disposition 
 (local board, or, if the officer is acting under i, by-law 
 
 hraunicipal council, sliall be subject to the disposition of 
 (Council, and the owner of such thing shall have no claim 
 
 bresiiect thereof. 48 V. c. 45, s. 10. 
 
 /n/Mtiows Diseases and Hospitals — Provisions against 
 Infection. 
 
 Where a local board of health is of opinion on the i^oc*! board 
 titicate of its medical health officer or of any other legally owner of 
 ilW medical practitioner, that the cleansing and disin- J'™^^|J.*«" 
 
 or 
 lUitil 
 
 to 
 
 iM of any house, or part thereof, and of any articles be cie»n8oa 
 
 in likely to retain infection, would ttmd to prevent or "^'JlJ^j"'" 
 
 ik infections disease, it sliall be the duty of such local 
 
 irdot health to give notice in writing to the owner or 
 
 mier of such house or part thereof, requiring him to 
 
 iseand disinfect, to the satisfaction of the medical health 
 
 r,siich house or part thereof and articles, within u time 
 
 ifd in such notice, (.s) 47 V. c. 38,8. 41. 
 
 If the person to whom notice i.s given fails to comply i*en«ity, if 
 itwitii, he shall be liable to a penalty of not less than "^Jp "° 
 
 with. 
 
 . i^'i'^i 
 
 \ is 
 
 LVI, 
 
 \ See lec, 7 of sched. A. 
 
 ' >' h 
 
1048 
 
 lillS MUNICIPAL MANUAL. [s. "^ 
 
 twenty-five cents «'«! not ^ ^^^^^^^ _ ^^^ ^^^ local board of 
 which he ^o"*"'^*'" J^A^.^i^o, or part thereof, and a.ticlt.,to 
 health shall «'^'!'*';; . . t^il, and may recover the exi-enses 
 
 be cleansed '^"');^^«"^^„^'r or occupier in default iu a sun- 
 incurred from the owner ^^ ^^ ^^l 
 
 Cii 
 
 of 
 
 .„ary manner. i» > • - — - 
 
 •^ , ,,„r or occupant of any honae or part 
 
 s„ocUi pro. 74. Where tl^^ o^vnc ^^^^^^.^^,;^^._ „^,,,u., ,, the opinion 
 
 ufbwao-. c.r I'e I' cftl °?", .c^.din" two Hections, such locallioavd 
 .^aet.ta ot tue p f j, ^„ch requivemeuls on tW 
 
 th may, .^^'^^'^^ ,^*f ' ^r disinfect s„ch house, or ,.art 
 .wner • "^«"E,f , U defray the expense thereof. 41 V. 
 thereot, .ii* I aiticicb, 
 c. 38, s. 43. 
 
 Carriage f ^r 
 conveyfti'C 
 of porsoiis 
 suffiTinK 
 from (lift-nf'e 
 or »ccWe»'- 
 
 11 hoard of health may provule, maintain, or 
 
 75. Any local ^>"*' ^^,^^^ ^^^it,^ble for the conveyance o| 
 
 hire a CiU-ria-o oi c. '^^^^^^^^ ^^ accident, and may pay thf 
 
 rsons suttering i ^^ ,|,p,.ein anv person so sutVering to ! 
 
 or] 
 
 nivtj IV v.... .^-r., disease or 11^^:1^'...^-, .".- ...ay pay the 1 
 
 persons sutterin„ 1 , ■ ^^^y person so sutlenng to a 
 
 38, s. 45. 
 
 , ul, officers of any iii""icii>ulity, or llic W 
 ..»«».. •'• ''6- '"r !l^ ov *y com.nittL thor.of, may „*,t. ..J 
 
 parsons 
 hfcV 
 
 .mau-i'ox. person n 
 e^c- t.he nubl 
 
 Vl or any committee tnereoi, uw.v .»u.au, u„ 
 healtU,oi J other disease dangerous I 
 
 "."'r-itr sXc-- ^- ^- i!"f «'^ "I' "'' °^"^ 
 
 [ic health, anil u J^ ,,. ,„ -j^ ^\^\^.\^ such person is 
 
 person iiav m.,^-- - ^^-^ ^.^^^^ to »« posted up on orn«a 
 
 the public healtti, an ji^^^pUing in which such person is, 
 
 the door of --^"y ';°^''f^i, disease is within the said house , 
 notice stating tluvt s^i ^ ^^^ ^ ^^ 
 
 dwellmg. { ) u^nseholder knows that any per 
 
 77. Whenever ^ny^^^';^^ ^ ^^^^ the small-pox, diphther- 
 - ■ his f'^"';^y '^^•^^Ctyphoid fever, he shall (subject, i| 
 fever, ch.deia, or yv .^^^jties provided bysuj 
 
 ,.efus,d or n«g'^^*;.. within twenty-four hourH giv 
 
 scarlet icv^.., -- ^, . to the penaitica i-.w.. ,..,.. ^j ... 
 
 c«,se of refusal or neglect ^^^ twenty-four hourH p 
 
 section 2 ^^ /^«Vr'\oe.l board of health, or to the mdid 
 
 notice thereof to the i?^' . , j^^h he resides, and suo^ 
 
 h^llth omcerof tlmdisrc^-^ ^^^^ ^^^^ , ,„^,^ 
 
 notice shall be S'ven e tn ^^.^^^ ^^^^^^^,^^^^^ ^ ^imaa 
 
 healthofti.e.^orb7a 'mnu^ ^^^^^.^^ speciti.l, and in 0. 
 
 duly mailed withu the ^^^^^ ^^^^^ ^^ the secreta^ 
 
 there is no ^edica he^U ^^ ^^.^ ^^^^ ^^ ,,y ,„,,^,^ 
 
 the local board of health e ^ ^ ^^^ ^ ^^ 
 
 cation as aforesaid^^^ -- 
 
 (,) Sec rule 4 of sec. 17 °^^^^f ^j^f ^i,,i,ip,i Act. 
 (tt)See8ub-s. 55of aec. *3 
 
JAL. 
 
 [8.13. 
 
 Ji] 
 
 PUBLIC HEALTH. 
 
 1041> 
 
 2 for every i\ay (luriuif 
 ond the local Wnl ot 
 thereof, vind articlt.i, to 
 r recover the exjieuses 
 r in ilp>fau\t iu a sun- 
 
 t of any house or part 
 :>. unable, ii^ tt^« opi'iion 
 lently to oavvy out the 
 ^t'ctionft, sv\ch local lioavil 
 vch requivenuMils on tli? 
 feet such house, or i>art 
 B ox\)ense theveof. 41 V.,! 
 
 nay provide, maintain, nrL 
 ,\e for the conveyance otj 
 LccicUnxt, and may \>ay tlioj 
 - V)evHon so sutVeving to a 
 ion. 47 V. c. 38, s. 45, I 
 
 . municiivality, or the W 
 he thereof, may isolate anjj 
 Lther disease dangerous t(| 
 
 etob«V"»**^'^"^'"'^°'^".'^ 
 ,fr in which such person id 
 i° Nvithiu the said house <i 
 
 .6. 
 
 L\(>r knows that any persoi 
 
 Lhs the small-pox, dii-htherij 
 
 [fl fever, he shall (subject, il 
 
 e penalties provided by 8U« 
 
 ■.\uu twenty-four hours d 
 A of health, or to the medid 
 \vhich he resides, and su^ 
 Ht tV.e oiftce of themedid 
 Ecatiou addressed to him r 
 ' above specitied, and n< 
 
 ftcer then to the secretary I 
 Tat his office or hycommuj 
 
 ' . c. 38, s. 46. 
 
 A. 
 Ithe Municipal Act. 
 
 78. No lionseholder in whose dwelling tliere occurs any nouHfhoi.ier 
 o( the above nientioiiod rliseases, shall permit any I>orson.s ,'.' ."J.lrvSrir " 
 utfi'iiiij,' *''°'" ^^^ snch .1isens'j, or nny clothing or other'','","."*"'"' 
 
 propel 
 
 tv to be removed tVom his house, witliout the con.sent 
 
 clothinK, 
 
 ■(ilie lioa'.d ^|• of uhe niHdical health oHicer, or attending 
 pln>i(iiiii. Mm" th." said board, or nr.^dical healtii ollicer, or 
 ,,',,i, .' nbvsician, .djall prc.scribo the conditions of such 
 
 ;„,oval." 47 V. c. 38, s. 47. 
 
 19. NopcsuM .sick vvi*^,h any of the diseases above specified "tpmovui of 
 .yi'l,,. iTinoved at any tirno excep , by i.ennission anii rn,*! KT 
 iJrU diicclion (»f the board of health, of nio.lical health 1" """'",. 
 
 11111"'^' <i" . . „lioii.s«lioId. 
 
 ji^.pi., or attending physician, nor shall any occupant of 
 |«iv house in which th"ro exists any of tlio al)ovo diseases, 
 Jtsc'pi tyidioid fever, "'lango his or her residence to any 
 loik pliW' wit.liout the consent of the board or of I lit; 
 |iie(iic;il health otheer, or attending physician, wlio shall in 
 litlier case presciibe condition.s, as ufoie.said. 47 V. c. 38, 
 
 90, Wlionever any physician knows that any person e ^rt to b<> 
 kliniii Ih' is calleil upon to visit is inftn-ted with «i>'all-pox, ^.^^^ ,J ;,, 
 ttilet ft'\'t'i', diphtheria, typhoid fever, or cholera, such 
 Liitin shall (subject in case of refusal or neglect to the 
 Uiltits iiiovidi'd by sub-section 2 of section 100) within 
 Vfii'vfour hours j,'ive notict; theieof to tlu^ local board of 
 l|,i,r iiuMlioid health ollicer of the municipality in which 
 ni tast'd jierson is, and in such manner as is diiected, 
 tniltsL'and 3 of section 17, of schedule A. 47 V. c. 38, 
 
 hi When the sniall-pox, scarlet fevei- diphtheria, ''m-mitiong 
 
 r ,1 ; • J • 1 ' , , ' to be tHkeii 
 
 lleui, or itiiy other contagions disease, dangerous to the niriiint-t 
 llio li('ahh,*is found to exi.st in any municipality, the *',','f^''"^|,,'j[ 
 Itli ollicets or local board of health shall use all possible 
 
 ftopievent the spreading of the infection or contagion, 
 shall <j;ive public notice of infected ])laces by such 
 
 ps as, in their judgment, is most eft'ective for the 
 
 non safety. 47 V. c, 38, a. 50. 
 
 Except the attending physician or clergman, no per- ^'iok person 
 tircted with smallpox, scarlet fever, diphtlieria, or liavinK^"'' 
 a. and IU) p- rson having access to any person atleefed ".''^■*'''* t''^*"*^ 
 lany of said (ii>eHses .shall mingle with the general public minL-ie with 
 such sanitary precautions as may be prescribed by pi^ul"' 
 132 
 
 :i 
 
 m 
 
 I ■ ! :l! 
 
A. 
 m. 
 
 lOOU 
 
 Power to 
 vnUr oil 
 ■t)*ambuatN, 
 «to 
 
 TUB MUNICIPAL MANUAL. r » 
 
 [«. 82. 
 
 the local board oi* attending phyHiciaii hhall have bp..i 
 plied with. 47 V. c. 38, s. 51. '" •="'" 
 
 83— (1) Where there is reahon to Hnspfct that any „,, 
 son who has the sniall-pox, diphtheria, scarlet f('voi' il i . 
 (tr typhoid lever, is in or upon any railway nir, stCan I ' 
 stage, or other conveyiince, thu nuHlical health oflirc" ' 
 sanitury inspector of the inuuicipality, or, if there i "' 
 such officer, any nieinljer of the local boanl of h^i Ifl, "" 
 filter such convevance and cause any such iteison t( i" 
 
 removed therefrom, and may detain the c()nveyaiK(! until 
 
 •I' limy, if 
 
 is properly disinfected ; or such oflieer or iiieinlier 
 he thinks tit, remain on or in, or re-enter and remain 
 
 ill, the said conveyance (with any assistants he may vaum .\ 
 for the i)uipose of disinfecting the same, and hisautlioiit 
 lis a liealih othcer shall continue in respect of .sneli iiei\ 
 and conveyance, notwithstanding the conveyance in [ni. 
 into any other municipality. 
 
 (2) Any member or officer of the provincial hoard nfl 
 health, or any medical |)ractitioner authorized by such hoar) 
 shall have the like authority, 47 V. 
 
 e. 'Mi, s. t)'!. 
 
 iHO'Ktion of 
 
 fyeroons 
 nfi'Cli d or 
 who havH 
 beeiM'X|iiiKC(l 
 to infeciloii. 
 
 PersonB 
 
 rt'ciiveriii;? 
 from ►ick- 
 tieH!*, 1111(1 
 IIUIHI'H to 
 
 tHk<! pivraii- 
 
 tiolIN llgHlll.st 
 
 gpiL-uU uf 
 dlsvaxe. 
 
 84. Tn case any person coniing from abroad, or ivsidii 
 in any municipality within tin; Province, is inrtctcd i 
 lately liefore has been infected with, or exposed to imi afi 
 the saiil diseases, the lieidth ofKcers or local board of luJiltk 
 I if the municipality, where such person may he, nuiv \mU 
 etlective provision in the manner which to iheiii sliiill mi 
 best for the public .safety, by renjoviiig such jieison to 
 separate house, or by otherwise isolating liim, if it can I 
 done without danger to his health, and by providing imrsi 
 ;ind other assistance and necessaru's for him at his own c 
 anil charge, or the cost of his parents or other persdii 
 jiersoiis liable for his support, if able to pay tlio saiiii 
 t'lherwise at the cost and charge of the nniiiicinality 
 V. c. 38, 8. 53. 
 
 85. Persons lecovering from any of the said diseases, i 
 nurses who have been in attendance on any person siiti'eiiJ 
 from any such disease, shall not leave the premises till tli| 
 have roceivtMl from tin? attending physician, or iiu'dicaliittdl 
 ollicc^-, a certiticate that in his opinion tln^y have taken siii 
 precautions as to their pt;rsons, cluthing, and all other tliin 
 vvbiih they propose liringiiig troin the preniises, as 
 liLcessary to insure the immunity from int'cctiuii ot utij 
 
UAL. [s. Ji2. 
 
 u bIiuII Uavu beuu co\u- 
 
 » Huspfct tliat uuy jkt- 
 iii, scarlet, flavor, ilioWra, 
 
 railway car, suaiiilioat, 
 unlical lu-alUi otlicii' or 
 ality, "1", i^ tlicn- is no 
 al boaiil of Ikt.HIi, mnv 
 
 any such jhtsoji to lie 
 11 tbe conv(!yaiK'(! viulil it 
 Wkvv or uuMuln'v iu»y, if 
 ii-fuH'r anil roiuaiu uu or 
 ibsistaiits lie may rei|uiie) 
 e Bttine, ami his aulliorily 
 in resi)ect of such iierson 
 ' the conveyance is tak(;u 
 
 ,f the \)rovincia\ hourd oil 
 r authoriziMl l)y such board, 
 
 7 V. c. :\^ s. -vi. 
 
 g from a\)roa(l, or rosidiin 
 
 1! Province, is inlfcU'd, otl 
 
 with, or exjxtsed to im.\ oil 
 
 •ers or h)cal boiiil of lu;illM 
 
 iHMSon may be, in;>y inaUl 
 
 r which to them slr.ill mtiJ 
 
 ivmovinji such \u''«"" t" f 
 
 isolatin<^ hi»n, if it can l)j 
 
 ,ih, ami by yvosnUiv^ nurse" 
 
 Uies for him at his own CO 
 
 parents or i)thoi prsou 
 
 / if able to l»:»y tli;! siiiiij 
 
 L'rc o£ the municipality. 
 
 ,,„y of the saia diseases, ad 
 Ihuice on any person suje.i 
 ,1 leave the l>reuusestdthi 
 
 oViniun they have takeH 
 clthiug, ami all other tb 
 
 I from the nvcnus.s, a-^ < 
 tuity tvcm iutecuou ot otij 
 
 1061 
 
 M«Haur«ii 
 necenMry (or 
 diiliifucuoii 
 to be 
 Hdoptvd. 
 
 Notico to tw 
 Kivun to 
 |H<rKon Id 
 charge of 
 conTeyanM 
 in certain 
 
 CH8efl. 
 
 gQ 1 PUBLIC HEALTH. 
 
 «er8on8 with whom they may como in contact, nor nhall 
 nv such person expose hira or herhelf in any public ])lace, 
 hop street, iun, or public conveyance without having tirst 
 
 Idopted such precautions. 47 V. c. 38, s. 54. 
 
 86> All perHons named iD the laut preceding section shall 
 . lequired to udt)pt for the dininfection and dissposal of 
 eiccieta, ami for the disinfection of utensils, bedding, clothing, 
 
 j Q^iier tliingH whicli Lave been exposed to infection, sucli 
 nieivsures as have been, or may hereafter Vje, advised by the 
 irovincial board of health or by the medical health officer, 
 '^j, j,„yl, us may have been recommended by the attending 
 ohvsiciai' as equally efficacious. 47 V. c. 38, s. 55. 
 
 87. No person suffering from, or having very recently 
 recovered from smallpox, diphtheria, scailet fever, cholera, 
 measles, or other disease dangerous to public health, shall 
 expose hii iself, nor shall any person expose any one under 
 his charge, who is so suffering, or who has recently recovered 
 from aiiv such disease, in any conveyance without having 
 previously notitied the owner or person in charge of such 
 conveyance of the fact of his having, or having recently had, 
 such disease. 47 V. c. 38, a. 5G. 
 
 88. The owner or person in charge of any such convey- Con?ey«nce 
 aiice, must not, after the entry of any so infected person into foetid. *''' 
 his conveyance, allow any other person to enter it without 
 
 haviii" Hutliciontly disinfected it untler the direction of tlie 
 board of health or the supervision of the meilical health 
 officer, 01 sanitary inspector. 47 V. c. 38, s. 57. 
 
 89. Noperson shall give, lend, transmit, sell, or expose any Preeautioni 
 beddiun, clothing, or other article likely to convey any of the |:e,',*cun7 
 above diseases, without having first taken such piecautionsi'i"«»>'»Bietc. 
 as tlie board may direct as necessary for removing all dan- 
 liter of coiuinunicating any such disease to others. 47 V. c. 
 
 38, 8 58. 
 
 90. Any local board of health may provfilea proper ))lace ProvWonor 
 lor portal )le furnace, with all necessary apparatus and attend- "s*,feotion. 
 lance, for the disinfection of bedding, clothing, or otiier 
 
 jrticies which have become Jnft'cted, and may cause all snch 
 lirticles to be disinfected free of chari,'e, or may make reason- 
 libie clmrges for the disinfecting of the same as may be pro- 
 
 |?ideJ by by-law. 47 V. c. 38, s. 59. 
 
 I! • 
 
 • I 
 
 t| / 1 
 
 :ll 
 
 n \ ^ 
 
 Sri 
 
 I. \kiAf 
 
1052 
 
 THIS MUNICIPAL MANUAL. 
 
 [«. 01. 
 
 XA"" 91- ^"y '"''"• ^'"'*'"/* "f *^'^'^'*'' ""^y. ''•'■•''^t tho <](.Ht,u,.ti,,, 
 
 heduinn, etc. of Hiiy lioddiiig, flotliin]^', or ollior iiitinlcH, w|ii(;|i Imvc l 
 
 exposed to iiileftion, iiiid may givo coiiipnnMutioii j',,,. .i" 
 Hixuw. 47 V. c. 38, H. 60. ^"" 
 
 iiouMior 92. No poiHon bIimII lit or liir« any lioiisc ori,,,..,. • 
 
 rooniii ocou- , • i- i a .i i- .. """ii in ,i 
 
 pled hy Mfik nouso 111 wliicli any ot tlio discuMtjs iiuntiuiifvl in scciion -- 
 
 Ee.VJ.V'"'''^^'"''«-''*'.''^'y *'^''^'!'''' w't''<''"t liavinjr c,u,,s,,l tl„. i,„i,s,, „^'| 
 
 before beioK the )»r«'iiiis<'M u.scd in coiiiK^ction tlicrcwitli to Ih? di ,ii,f,,,f .i 
 
 "*■ to the .sMtisfacti(Hi of tlic licaltli autlioiiticis ; aiiil Idrili,.,, , 
 
 poxrs of (his soction tim kcrpcr of an inn or lumsn f(»r th . 
 
 reception of lodLjers slmll be deemed to let for hire imrt of ■ 
 
 houHo to i,,iy peisoii admitted as a J^ue.st inio sunli jm, ,„, 
 
 house. 47 v. c. 
 
 .'18, 8. 
 
 01. 
 
 lOSf 
 
 i^nXU!'; .^3. No person lettinjj for hire or .sliewin;r f,„. ,|,p 
 
 not f, ninkB of letting' for hire any house or pni-t of a iionse, on l„.i|.„ 
 mcnu'a.'T.. quf^tioiied l.y any person negotiatinj,' f(,r the hi,',. ..f such 
 infertloiiM hous(' or pj'rt of a hons( , a;i to the fact of there iire\i,mJ.. 
 having l)eeii ttierein any l>('r>*<)i» snfieniig from aiiv iiit'cctjous 
 disoriU.'r, oi- any aiiiiniil or thing infeci -d tlieroliy. .shall 
 knowiiiLjdy make a false answer to hucIi (luestions. 47 V c 
 38, s, (12. 
 
 Xeu'^rl of 94. Whenever a case of smallpox, cholora, so.irlntiiui, diph- 
 infictioui. tlieilii, whooping eongh, measle.s, nminps, ghuider.s, cr utlior 
 uivoi. wluHi contagions disense, exists m any hoii.sc; or household licldn.r. 
 
 it'i^inU" '"^' ^'' ^^■'''^■'' "•;<' l**''*'^^'"* "tteniling sehool, the liotisehiiliT 
 sohoni. shall, within eighteen hours of the time .such dixM.se js, | 
 kno'vn to exist, notify the hend teacher of siicli suIkmjI ur 
 » 8cIk»o1s, !ind also the secretary of the local Ixmrd of hoil,,, , 
 
 of the existence of such disc se ; and no iiKtmlier of Muh ! 
 honseli<dil sh^U attend school until a ctntiliciito lia.s inia | 
 ol)tiiine<l from the medical health otHcer, or leijally (lualilied 
 medical [)ractitioner, that infectit)n no Ioniser exists in tlifl 
 house, and that the sick person, hous(!, elotliin^', and otliej 
 eflccts ha\e heeii disinfected to his satisfaction ; and until 
 such certificate shall hiive been obtained, it shall hcthcdutj 
 of every member of the household, and of the teacher, tiS 
 use all reasonable efforts to prevent the association of men 
 bers of the said household with other children. 
 
 (2) Whenever the local board of health, or any of iij 
 officers or members know of the existence in iiny house ( 
 smallpox, cholera, scarlatina, diphtheria, whooping cough 
 
 ;aR»,!,t:,i}i 
 
[i. 
 
 [h. 01. 
 
 PUULIC HEALTH. 
 
 10A3 
 
 iiH'ct till} (lostiucl'mu 
 itniu^nsatioii tor tlu' 
 
 I lutusr or roKiu ill a 
 itionoil in Sfcliou 7" 
 I'uusi'd lilt' linuM' iiuil 
 villi to li" ili iukVcU'd 
 i litis ; anil lov tlu'jiui' 
 inn t)r litiuso t'tir \.\w 
 ) ict ftir liirt'^iai't of ii 
 juost int'» such iiuv nr 
 
 lu'winji for tlic |mvjm>" 
 , of a liousi>, on h'wvj, 
 it ior thf liiw "^ *'"'l> 
 let of tiifiv iir(<vii'\bly 
 n,i<^froin any iiitVi-tinus 
 iu?ffi'il Uieieiiy. sliall 
 ich qui'stitnis. 17 V.o. 
 
 cl»i)lnrn,st>i\rl:\tini\,(liiili- 
 
 imp, tfl^nKlt'i^ 'I" 'J^'""^" 
 [,s(> or ht>us(>iit)ltl Ixli'ii!;- 
 school, tlic ii»'i^''l>"^'l''r 
 ,. tiiwo sut'li ili>«';>^'' i*j 
 .arlifi- of sut:li seluiol of 
 L. local boanl of 1i<mU1i,i 
 land no nicnil.i'r of such 
 •,\ a ccvtilioatti lias Let'til 
 UciT, or l.'-ally ^^nMj 
 I „o lon-»M- t'xists ui tlitf 
 Luse, olovl.ing, aivl otlied 
 s satisfactitm ; ami uutJ 
 ;uno(l,itsl-ain>o,tlu"duti 
 aiul of the tfacher, td 
 t the a'^hociutiou of uierH 
 lev cliildreu. 
 
 , of health, or any of ilj 
 
 Listonce in u,iyh<'"«efl 
 
 itheiiu, whooping couglj 
 
 .95.1 
 
 slcH tiiumpH, glandora, or other contiigiouH disuuso, they 
 
 tlliit'oiico notify tho head or other master of the school or 
 
 'j l^n^t which any member of the household is in attend- 
 
 ^ .. ,111(1 should it not be evident that said member has not 
 
 * pxpo^^d to Hrtid diseases, or any of them, the teaohor 
 
 t forthwith prevent such further atteitdance until the 
 
 ni-al inoiiihori present a certiticate stating thnt infection 
 
 lon''or exists, as provided in the preceding sub-section. 
 
 (31 Wlienevor a teacher in any school bus reason to sus- 
 itlmtnnv pupil has, or that there exists in the home of 
 
 '^y ypil ally of the above nuuitioned diseases, ho shall be 
 niinlto notify the medical health oHicer or, wh(M'e none 
 •h exists, the local boanl of health on forms 8U{»plicd by 
 
 tl (> scliot)! authorities, in order that evidence may bt! had of 
 
 1 , jf„tlifuhiess of the report; and he shall further be re- 
 ■ \ {0 nrcvtint the attendance of said pupil or pupils until 
 
 LliiHJ oviilcnco of the falsity of the report has been 
 
 Itaiued. 50 V. c.3i, 8. 1. 
 
 95. Kvcry municipality may establish or erect, and may t',!"mii,y*" 
 .iftiniintnin, one or more hospitals for the reception of per- «'"'''''''''.'* , 
 
 jWlii'i'" "'■'"' II- I ■ 1 1 lii)!<pa»lg for 
 
 jii,ijl,,iviiij,' the small-pox or otiier disease which may bonmiiipox 
 Jarerous to the public health ; or any two or more munici- ''*"""''••"''' 
 wlities may join in establishing, erectinij, or maintaining the 
 same' l>iit •"> ^"'c'' hospital shall be erected by one munioi- 
 jality within the limits of another munici|»ality without tirst 
 oliuiiiiii" till' consent of such other municipality to the pro- 
 ll^ed erection, (r) 45 V. c. 2D, s. 12. 
 
 (r) The corporation of one municipality cannot, under this section, 
 (wt ui wUlnisli a small pox hospital within the liiintu of another, 
 (itkruf.i temporary or a permanent character, without the sanctiou 
 oi the corporation of the latter. EH~ahi'.thti>iim v. lirucki'i/lc, 10 O. 11. 
 I'X Tlie Metropolitan I'oor Act, 1867 (30 Vict. c. (}, Imp.) autho- 
 liiejtlie fonnition of districts ami district asylums for the care and 
 enrc of sioic and infirm poor, creates corpt)rati(ms for that purpose, 
 nves authority to tiie poor law l)oard (now the loo.^l governmeut 
 lijaril) to issue tlircctions to tiieae corporations, enables them to pur- 
 dust; liiiJs and erect I ildings for tlie purposes of the Act, ami 
 Bikes tlic rates of parmi. 's and unions liable for the outlay thus 
 Lcarietl. But it t'oes not hy direct anil imperative provisions onler 
 Itiiose things to he done, so that if, in doing them, a nuisance is 
 Imiteil to the injury of the health or property of persons resilient in 
 Itheneiiihbnurhooil of the place where the land is purchaaetl, or the 
 llniUiiigj erecttid, it does not afford to the.se acts a statutory protcc- 
 jtioii; aiitl, tberufore, where such nuisance was found as a fact it was 
 IIkIiI that the district board could not set up the statute, nor the 
 
 in 
 
 ; 
 
 i^* 
 
 ; I 
 
1054 
 
 THE MUNICIPAL MANUAL. 
 
 Regulation 
 of hotpital, 
 sick, etc. 
 
 Power of 
 looal board 
 to provide 
 hoitpitalj. 
 
 hi^ 
 
 [s. 96. 
 
 96. When any hospital shall be so established, the phy- 
 sician attending the same, or the sick therein, the nurses 
 attendants, and all persons who shall approach or com' 
 within the limits of the same, and all such furniture and 
 other articles as shall be used or brought there shall be 
 subject to such regulations as shall be made by the healtl 
 officers or local boards of health. 45 V. c. 29, s. 13. 
 
 97. In case the small-pox, or any other disease dangerous 
 to the public health, breaks out in any municipalitv th 
 health officers or local board of health, in case the munici- 
 pality shall not have already provided the same, shall imme- 
 diately provide such a temporary hospital, hospital-tent or 
 other i»lace or places of reception for the sick and infected 
 as they shall judge best for their accommoilation and the 
 safety of the inhabitants, at the cost of the municipalitv (w) 
 and tor that purpose may : 
 
 1. Themselves erect such hospital-tents, hospitals or places 
 of reception ; or 
 
 2. Contract for the use of any such hospital, or part oi a 
 hos[)ital or place of reception ; or 
 
 3. Enter into any agreement with any person havin<'tlie 
 management of any hospital, for the reception of tlio sick 
 inhabitants of their district, on jmyment of such annual or 
 other sum as may be agreed on ; or 
 
 4. Two or more local boards of health may conibinc in 
 ))roviding a conmion hospital. 47 V. c. 'i8, s. 44. 
 
 Regulations. 98. Such lu-spital or place of repeption .shall l)e subjoct to 
 such regulations as .shall be made by the health officeis (ir 
 local boards of health. 45 V. c. 29, s. 14. 
 
 orders of the poor 'aw board undtir it, as an answer to an .iction. nr ( 
 to prevent an injunction issuing to restrain the luianl from coiitimiini; j 
 the nnisaueu. Atftrdfiolifnn Asi/hun ly-ntrict v. Hill, (i App. C'us. IHii. " 
 Per I.,onl Watson : Wlien tho terms of a statute are not imperativo j 
 but porniLssive, tho fair inference is, timt the Legislature iiikiKledj 
 that the iliscretion as to the use of the j^eiicral powers tlienliy cdiil 
 ferred shonhl be exercised in strict conforniity M'ith priv.nte rights.) 
 Ih. See further, Dixon v. MttropolUan livaril of W'orku, 7 Q. K [)J 
 418. Sanitary police, sanitary regulations, tlie erection of liiiildinggj 
 in order to isolate tlie sick poor and to care for them at tte expensi 
 of the public are matters essentially hical an<l mniiicipiil, and come 
 under local jurisdiction. Viltdi/c of St. Loaii of' Mile End v, (V/yl 
 of Mo.itrcnl, M. L. R. 2 S. C. 218. " 
 
 (w) Sec sec. 95 and note thereto. Sec also sec. 22. 
 
 ''^■M^:' 
 
[8. 96. 
 
 Ablished, the phy- 
 \erein, the nurses, 
 ipproach or come 
 such turniture and 
 »ht there, shall be 
 iftde by the health 
 c. 29, s. 13. 
 
 er disease dangeroua 
 ly municipality, the 
 in case the munici- 
 he same, shall imme- 
 ital, hospital-tent, or 
 le sick and infected, 
 commodation and the 
 the municipality, (x) 
 
 'nts, hospitals or places 
 
 hospital, or part o'i a 
 
 any person having the 
 , vece\)tion of the sick 
 leut of such annual ov 
 
 ,ealth may combine in 
 
 c. 38, s. 44. 
 )tioushaill)csuV)octto 
 
 the health officers or 
 ), 8. 14. 
 
 8 an answer to an action, or 
 Ju the l«.ara from con W 
 
 .i,ev.v/;//,ttAi.i..Uis.iw. 
 
 I statute arc ivot imperative, 
 at the Legislature mtena. I 
 enenvl powers tlicrel.y . 
 
 rformity vith prn-te n|. . 
 
 It„nnl of Works, i Q . ' •, ' • , 
 Jrthe. erection of buiWin.^s 
 
 care for them at tteex,.,.e 
 Ta»d.nu"i^'il'^^VT^7';J 
 
 'r 
 
 EC also sec, 
 
 oo. 
 
 101.] 
 
 PUBLIC HEALTH. 
 
 1055 
 
 Power of 
 
 g9_(l) Any medical health officer or sanitary inspector ^^'^j^JJ 
 mav at all reasonable times, inspect or examine any animal, health officer 
 carcase, meat, poultry, game, flesh, tish, fruit, vegetables, ".J^wclor'to 
 miin bread, flour, or milk ex|)Osed for sale, or deposited in i"»p<ct 
 
 b™" ' « i.1 u 1 e 1- i? meat, etc. 
 
 any place for the purpose of sale, or for preparation for 
 sale and intended for food for man ; the proof that the same 
 vas not exposed or de])0sited for any such purpose, or was 
 not intended for food for man, resting with the ]iarty 
 chiir^ed ; and if any such animal, carcase, meat, poultry, 
 ^ne flesh, fish, fruit, vegetables, grain, bread, flour, or 
 milk, appears to such medical officer or inspector to be 
 diseiised, or unsound, or unwholesome, or unfit for food for 
 mall be may seize and carry away the same, or cause it to 
 be seized and carried away, in order that he may cause it to 
 be destroyed or so disjjosed of as to prevent it from being 
 exposed for sale or usetl for food for man. (x) 
 
 (2) The i)er.son to whom tlie same belongs, or did belong 
 at the time of exposure for .sale, or in whose possession or 
 on whose premises the same was found, shall be liable to a 
 penalty not exceeding $100 for every animal, • carcase, or 
 tish, or piece of meat, flesh or tish, or any poultry or game, 
 or tor the parcel of fruit, vegetables, grain, bread or flour, or 
 (or the milk so condemned : or, at the discretion of the con- 
 victin'.^ justices or magistrate, without the infliction of a 
 fine, to imprisonment ff>r a term of not more than three 
 niiiiiths. 47 V. c. .38, s. 39. 
 
 100- Any i>erson who in anymanner prevents any health ivnaityfor 
 olBeer or siuiitary inspector from entering any premi.ses and I,'Ji-'^7froni 
 inspeotin!,' any animal, carcase, meat, poultry, game, flesh, itispMctnig 
 fch, tViiit, vegetables, grain, bread, flour, or milk expcsod qi- "'"«*• «'<'• 
 deposited for th(; purpose of sale and intended for food for 
 niKii; or who obstructs or impedes any such medical officer, 
 or iiisjiector, or his assistant, when carrying into execution 
 the iirovisions of this Act, shall be liable to a penalty not 
 
 ejcmliug ^25. 
 
 47 V. c. 38, s. 40. 
 
 r»v! ()/' Force — Assistance by Constables^ etc. 
 
 101. Where a local board of health, or any health officer, powers for 
 is requireil or enniowered, under this Act or at)V public J"".P°''*'?' 
 health A et, or under any regulations made thereiuulfr, tothuidnor 
 disinfect any person or thing, or to i.soIate any person, such •'®"''°*- 
 
 ir| See anb-s. 50 of sec. 489 of tlio Municipal Act, and sec. 1 1 of 
 Khttl, A to this Act. 
 
 
 ■I ■; 
 
 A 
 
 il 'I 
 
1056 
 
 THE MUNICIPAL MANUAL. 
 
 Oflleer if 
 oliitructed 
 
 b- 101. 
 
 board or officer may use such force and employ such 
 ance as is necessary in order to accoiuplisli wliat is n ' 
 48 V. c. 45, s. 11. 
 
 i-equiied. 
 
 m*w*ammou 102. Anyjmember of a legally constituted board of he It! 
 
 Axaistance. ^^ j^j^y medical health officer or sanitaiy inspector ^ 
 when obstructed in the performance of his duty call t r' 
 assistance any constable or other person he thinks fit i -^ 
 shall bo the duty of every such constable so called upon t* 
 render such assistance. 47 V. c. 38, s. 64. 
 
 Appeal to 
 County 
 .ludge in 
 certain cases. 
 
 Uerov«iy of 
 costs aiiii 
 
 Appeal to Comity Judge. 
 
 103. Where the order of any local board of health or healtl 
 officer involves an expenditure of more than SlOO tl ' 
 party against whom the order is made, or any one cb • '*' 
 able with such expenditure, or any part thereof, maywitf*' 
 four days from his being served with a copy of sucli orl'"' 
 in writing, appeal therefrom to the County Judge, who shall 
 have full authority to vary or rescind the order made • 1 
 any order so varied may be enforced by the board or officer 
 in the same* manner as an order originally made bv tl 
 board or officer. 47 V. c. 38, s. 26. 
 
 KXPKNSKS IN UKSPECT OF ABATIiMliXT OP NUISAVCES 
 
 104— (1) Any costs and expenses recoverable I'rom •.., 
 wpeuMsof owner ot premises under tins Act, or under any provision 
 provulTns"^ '^^ ''^'^ "^ resi-vct of the abatement of nuisances, may be 
 reiatiuKto recovered from the occupier for the time ltoin<,' of such 
 nuiK»nc.-«. pi-eiiiises ; and the owner shall allow such occupier'to deduct 
 any moneys which he pays under this enactment out of the 
 rent from time to time becoming due in respect of said 
 premises, as if the same had actually been j)ai(l to such 
 I'roviso. owner as part of said rent ; Provided, that no such occupier i 
 shall be required to pay any further sum than theaiiuMuitof , 
 rent for tlie time being due from him, or which aft('r demand 
 of such costs or expenses from such occupier, and afun- notice] 
 
 not to pay his landlord any rent without first deducting the! 
 amount of such costs or expenses, becomes payal)le hv such 
 occupier, unless he refuses truly to disclose theanioiuit of his 
 rent, and the name and address of the person to whom rentj 
 is payable ; but the burden of proof that the sum deinauiledl 
 from such occupier is greatei- than the rent due by him iitthel 
 time of such notice, or which has since accrued, shall be oa| 
 such occupier. 
 
 ^^*^W 
 
 
[8. 101. 
 
 iiploy such assist- 
 1 what is requived. 
 
 ted board of health 
 n'V in8|)ector nvay, 
 s duty, call to his 
 he thinks fit, and it 
 I so called upon to 
 B4. 
 
 rd of health or healtli 
 ore than $100, the 
 , or any one charge 
 t thereof, may within 
 a copy of such cider 
 inty Judge, who shall 
 the order made, imd 
 .)y the board or officer 
 •i"inally made by the 
 
 ;NT of NinSANCKS. 
 
 recoverable I'nim an 
 under any \)r()vision 
 of nuisances, may be 
 e time beiu;j; of such 
 ,ucb occupier to deduct 
 s enactment out of the I 
 A\e in respect of said •I 
 11 V been i^iid to such 
 , that no such occupier 
 '!uin thau the aiumint oJ 
 or whicli after demand 
 .■cupier, u\»d at'ior notice 
 Lut first deductin.C! the 
 ccomes payable hy such 1 
 pclose the amount of his! 
 ,ie \»eri,on to whom rent 
 that the sum deiuaudedl 
 ,0 rent dvie by him at ihej 
 Inoe accrued, shall be on] 
 
 106 (i)-] PUBLIC HEALTH. 
 
 (2) Nothing in this section contained shall affect any con- 
 tract between any owner or occupier of any house, building, 
 or other property whereby it is, or may be, agieed that tlie 
 jpiec «hall pay or discharge all rates and dues and sums 
 f money payable in I'espect of such house, building or other 
 . v^rtv or affect any contract, whatever between landlord 
 U tenant. 47 V. c. 38, s. 27. 
 
 1057 
 
 PENAL CLAUSES. 
 
 105. No determination or order of the provincial or local wiiurenppii- 
 wd of health for the removal or abatement of any nuisance rosp^t of 
 shall be enforced, except by order of the High Court where JJ",'^*]^'" 
 inch removal or abatement involves the loss or destruction mmie to 
 of property of the value of $2,000 or upwards, and upon "'»*'^""'"'' 
 anv aiiplication to the High Court, the order of the provin- 
 I or local board shall not be evidence that the matter or 
 thin" complained of, was, or is in fact a nuisance, 48 V. c. 
 
 ♦5,9.15.(4). 
 
 106'— (0 Every ]ierson violating sections 87, 88, 89, 92, or Penalty for 
 55of this Act, shall be liable for every such offence to a pen- g; "fcv"| us. 
 jltyof not less than $5, nor more than {$50, in the di.scretion 
 of the convicting Ju.>5tices or Magistrate, besides costs wiiich 
 Biavalso be inflicted if the convicting Justices or Magistrate 
 sfe'fit to impose the same. 
 
 (2) Any person who violates any other provision of this p> 'laUy f.u- 
 Act shall, unless it is otherwise specially i)rovidcd, bo liable agitinH? Act 
 for even' such offence to a penalty not exceeding !i?20 in the 
 faretii'U of the convicting Justices or Magistrate, besides 
 fojts, which may also be inflicted if the convicting Justices 
 ofMii'dstrate see tit to impose the same. 47 V. c. 33, s. 65. 
 
 (3) Any person Avho violates any regulation of the ])ro-Pyi">i.'y '»'• 
 incial board of healtli, shall be liable for every such oU'ence rotiuiil'iionii 
 ilojpenalty not exceeding $20 in the discretion of tlie con- ^^[ll"!!*' ''""'•' 
 |TOtiii<; Justices or Magistrate, besides o(»sts which may alsobi^MUi. 
 
 inflioti'd, if the convicting Justices or Magistrate see fit to 
 
 p' tlie same. 
 
 1) Where any parson has been convicted of an offence^"'!"""''''"'* 
 
 ' 1 1 . oniisMoiif. 
 
 ider this Act, or under any regulation or by-law enacted 
 in force thereunder, and such offence is in the nature of 
 omission or neglect, or is in respect of the existence o£ a 
 
 133 
 
 t- 
 
 '' B! 
 
1058 
 
 lit I 
 
 r^.:.* 
 
 ia;:| 
 
 THE MUNICIPAL MANUAL. r„ m/. 
 
 L^- 1U6 (4). 
 
 nuisiince or other unsanitary condition, which it is ), 
 son's duty to remove, or is in respect of the erection ^^' 
 striiotion of anything contrary to the provisions of th* "^ a^** 
 or of any regulation or by-law enacted or in force th . * 
 then, in case the proper authority in that behalf m '^'^ '" 
 sonable notice to such person to make good mifK ,x!l- • ^^^' 
 neglect, or to remove such nuisance or uusanitarv oo i- • 
 or to remove the thing which has been erected (;r const '' 
 coJitrary to this Act, or to such regulation or bv-Ia 
 default is made in respect thereto, the person ofFendi n 
 be convicted for such default, and shall be liabl 
 punishment as was, or might have been, inn 
 original offence, and so on, from time to time, 
 
 RecoTery of 
 penal tie*. 
 
 be convicted for such default, and shall be liable to tl * ""*"^ 
 punishment as was, or might have been, imjjoseil foi^T 
 
 as often as 
 f,'iven mm the 
 
 sequent 
 ion, 
 
 after another conviction a new notice is 
 default continues ; and in the case of a tliiril ^or sub 
 
 conviction, it shall not be necessary in tlie inforn f 
 conviction, or other proceedings to make any refpiBn„„ . 
 any conviction except the nrst, or to any notice exceut rli- 
 in respect of which the ])roceedings are tlieu beincr tni, "' 
 48 V. c. 45, s. 15 (2, 3). « ^'"'^"' 
 
 107. Every penalty imposed by or under this Act niav 
 be r«'C()vered by any person before any two Justics or 
 Police Magistrate having jurisdiction in tlio niunicimlitv'* 
 and shall be levied by distress and salo of tlie "ootls • i 
 chattels of the offender, with the costs of sue)- diistres.' ' I 
 sale, by warrant under the hands and seals of th' Justil 
 or the hand and seal of the Police Magisti-a to, Iniforc wli ' 
 the same is recovered, or under t\w hands ai d seals of ai v 
 other two Justices having jurisdiction in the niuiiinpalitv 
 and in default of sutticient distnsss tlie said Justices or \\,iit\L 
 trate may commit tlie offendtjr to the common <,',aol, oi^'tft 
 auy lock-up, or house of correction in the said iimi\icinalitr 
 for any time not exceeding fourteen days, unless thecunount 
 im|»osed is sooner paid. 47 V. c. ,'58, s. (50 (1). 
 
 Provision 
 whore non 
 
 108- In v-ase any person, from [toverty or other siifficicaS 
 comiiiianoc cause, is unal>le to comply with tin; ])rovisions of this Act i 
 poverty /etc. aiiy *>f them, he shall give noti':<e of such iaability to th 
 medical health officer or S(!cretary of tlie local Ijomd 
 health, and in case the local board on examination is sat^ 
 fieil of the sufficiency of the cause of sucli iiialtiiity, the sq 
 rotary thereof shall give his certificate to that elFcrt, aij 
 ' such certificate shall be a bar to all proceeding's (isjain.st.sud 
 
 person for the periou ot six months. 47 V. c. 38, s. 66(1 
 
 ^&^ 
 
[8. 106 (4). 
 
 hich it is such pev- 
 he erection or con- 
 risiona of this Act, 
 in force therounJev 
 b behalf gives rea- 
 •od such omission or 
 usanitary condition, 
 ecteil i;r constructed 
 Aon or \)y-law, and 
 ierson offending may 
 be liaVile to the same 
 sen, im\>osed for ti\e 
 to tin\e, as often as '] 
 ice is f^iven and ti>e 
 V tiiiril or subsequent 
 \7 in the intbrmatiou, 
 niike any reference to 
 any notice except that 
 are ti»en being taken. 
 
 or under this Act may j 
 any two Justic<^8 or a ' 
 ion in t\io municipality, 
 j^,^U> of tlie goods a\i.l ^ 
 ts of suei- iVistvess und 
 \i\ seals of th' Justices,! 
 Ma'^istni^e, \)cfonMvliom! 
 \i;vmls ai d seals of auyj 
 on in th« luuuicipality, 
 ie said Justices or Magi*^ 
 the conuuou gaol, or 
 lu the said muAici\)aUtf| 
 idivs, unless the amuunll 
 
 ,s, s. r.odV 
 
 ,„vertv or other suten 
 ,, provisions ot this .\oto 
 
 nf suc.i* iuabihty to tlj 
 l,.V of tl»e local i)oavd ( 
 h'on examination IS sati 
 tof such inability, tlie sd 
 l,Uicva.e to that ctWel aj 
 lu proceedings a^auistsd 
 
 PUBLIC HEALTH. 
 
 1059 
 
 1 113 (I)-] 
 
 109 In all cases where any person deems himself injur- R«medy for 
 • ly affected, through the refusal or neglect of any pei-son to Sneg-"" 
 
 . V out the directions of the sanitary inspector oi* the local •««t» aeiion. 
 *' j,f health under sections 5, 6, or 7 of schedule A, it 
 
 be lawful for him to lay information before a Justice 
 
 Tthe Peace or Police Magistrate, when, after evidence has 
 
 " „jyen of the violation of any of these sections, the 
 
 ^nder or offenders shall be made liable to the penalties 
 
 «n»pd under section 18 of the said schedule. 50 V. c. 34, 
 
 1 3. 
 11 A Fiverv penalty recovered under this Act shall be ^pp""",*'"" 
 1 to the trejisnrer or the mnnicii)ahty in which the 
 I Vice WHS committed, for the use of the local board of 
 iytb and subject to its disposition. 47 V. c. 38, s. 67. > 
 
 I 111. Where any act or omission is a violation of any {^|;°;j,''|,"^'[ j^ 
 I ifss provision of this Act and is also a vi(dation of aavioiaiionof 
 lllaw of a municipality in respect of a matter over wh.ich by.', *^"* "' 
 Itiiecouucil of the municipality has jurisdiction, a conviction 
 liiav be had under either the Act or the by-law, but a sec- 
 1 ^conviction shall not be made ior the same .act or omis- 
 fc, 47 V. c. 38, s. 69 (4). 
 
 PROCEEDINGS NOT TO BK QUASHED FOU WANT OF FORM, OK 
 REMOVED INTO HIGH COURT. 
 
 112. ^<' order or other proceeding, matter or thing, done Procccdintts 
 rtniiisacted in or relating to the execution of this Act shall ,'|uLh.Mi fur 
 .ncited (luashed or set a.side for want of form, or be re- wiuitoff.rj)., 
 joveilor eniovable by certiorari or other writ, or ))rocessint() nii;h 
 Ltjocver, into the High Court, and no npj)(M\l shall l)e had*^""'''" 
 b the General Sessions upon any conviction under this Act. 
 lV.c.38,s. 68. 
 
 BY-LAW IN FORCE IN EVERY MUNICIPALITY. 
 
 113— (U The enactments contained in schedule A, an- *t'i'''' "• 
 
 IllV' \ / 1 11 1 • !• • • • ^• of CM 
 
 klwlto this Act, slmllbe in torce in ovci-y municipality me . 
 Uis Province for which there is a inedieal health orticer^^'' '" *• 
 
 1 sanitary inspector as a by-law of such municipality, as 
 
 kictwl by the council thereof, (»xcept in so far as th(\y 
 
 jtebeeu or shall hereafter be altered, amended or repealed 
 
 [the council (schedule B. ) ; and the council of every local 
 
 micipalitv shall have authority to pass by-laws from time 
 
 ^5; i. 
 
 ; ■ i tr. 
 
 ■■ V: 
 
 

 1060 
 
 THE MUNICIPAL MANUAL. 
 
 to time ill respect of tlje various matters dealt with 1 
 said enactmunts. 
 
 [8.113(1). 
 
 >y the 
 
 (2) In any municiimlity which has no medical U&uCl 
 officer and sanitary inspector, or has only one of these offi 
 the said enactments shall, except as aforesaid be ii f^^*^^' 
 unless so far as they relate to the officer which such m •^^•^ 
 
 pality does not possess. 
 
 such niuiii(>;. 
 
 (3) Where two or more municipalities join in (i 
 appointment of a liealth officer or sanitary inspector K 
 »)fficer or inspector shall be deemed to be tijc health ' tV 
 or inspector of each of the said municipalities 47 V TJ 
 s. 6y (1-3). 
 
 municipalities. 47 V. c 38 
 
 S/.' 
 
 Duty ot 
 medical 
 hmilita 
 officer. 
 
 of 
 
 Duty of 
 Kaiiitary 
 inspector. 
 
 Chairiiinii 
 l)oaril (if 
 tivaitb to 
 ruport to 
 rouncil. 
 
 Ufpuoits 
 vndiing'TiDK 
 
 SCHEDULE A. 
 
 {Sec. lis) 
 
 By-law in k<)R<!B in kvkky Municipality till altered ny thJ 
 
 M UN 101 PAL Council. J 
 
 1. It slh'vU V)'. tlie duty of tlie Medical Health Ofliccr to assist anj 
 iulvise ihc IViard and its t-lKcers, in matters relating to public liealtM 
 and to superintend, uiidev the directidn of tlie Hoanl, the enforc. iiici 
 anil ol)ser\';uioi', within tliis municipality, of health liy-hiwa or Jmi 
 lation.s, and ot I*ul)lic lltalth Acts, aud of any other sanitary Im 
 ami, if thought adviaahle hy the Board of School Trustees to a.t 
 nietlii-ai inspector of SchoolH, aa well as advisory oHicei in matte 
 pertaining to selioul hygiene, ami to perform sueli otlier dutiis an 
 lawlul acts for the preservation of the pul)li(! heaith, as niav in 
 opinion, \w nece.-ssary, or as may he reipiired hy the Hoiud of Heal 
 He shall also present to tliis lioard, liefore tlic IGth day of Novum 
 in each year, a full report ui)on tlie sanitary condition of tin; ilistrji 
 
 2. The sanitary inspcctir, besides performing the duties licnafi 
 indicated l)y this IJy-law as belonging specially to him, shall a 
 the medical health ofHcer aud perlorm such other duties as iiia\ fi 
 time to time l)e assigned to him by tlie Hoard of Health or 
 cli lirnian. 
 
 o. The chairman of the Board of Health shall, before the Ut 
 of Oecemher in each year, present to the Municipal Council ur.M 
 cipal Councils, comprised within this district, a repoit contanin 
 detailed statement of the work of the Jioard during the year, aiij 
 report of the sanit try condition of the Municipality, as reudiiet 
 the Boartl ')y the medical health ofhcer. A copy of each siidnei 
 shall be transmitted by the secretary to the secretary of the lY 
 cial lioard of Health. 
 
 4. No person shall within this municipality sulFer the accmmiU 
 upon iiis premises, or deposit, or permit the deposit, upon any, 
 belonging to him. of any thing which may emlanger the public li 
 
 ■:^m^v^^ 
 
L. [b. U3 (I), 
 
 dealt with hy the 
 
 , no metlicftl health 
 ' one of these othcers, 
 foresaid, he in force 
 r which such rnuiii'^'- 
 
 palities join in llie 
 litary inspector, such 
 V)e tlie health othcer' 
 palilies. 47Y.c. 38,1 
 
 (V. 
 
 ,1TY TILL ALTERED BY TUI 
 
 KCIL. 
 
 llealthOtRcerto assUta 
 ters relating to p»Wicl,i';ail 
 
 L{ the lioui-'l. Uif ciifovc.nia 
 
 .of health ».yhwa..rv,g 
 
 of iviiy other samt.vvy Vm 
 
 of Sclu.ol Trustees, to :».'l 
 
 advisory othcci in imV 
 
 form 8ucl» other iIuIks 
 
 ;\,Ucheu.th, !'»'J''7-"\. 
 ,,,reabytheUoava«.nhul; 
 
 ,,rcthel5thckyo ^ou■m 
 
 ,tarycoiuUtiouottheai.lri 
 
 ..fonuiivg the duties lu'i-ivij 
 
 .noli other lUities as niuytP, 
 '"hi lioard of Health or : 
 
 ,ath shall, hefore the Ut - 
 
 thcM«uicii.alt("U«eiUi>K 
 
 iutrict,are,mtcou..4 
 
 Mu..icil.ahty, as reiuWicJ 
 
 ., A col.y of each ^^"^1' i 
 [Jo the secretary of the lro< 
 
 iciualltysatrertheaccmm>lj 
 b t the\lepo8it "pon =m ? 
 uaycmlaugerthepubhohflT 
 
 SCIIK 
 
 I). A.] 
 
 PUBLIC HEALTH BY-LAW. 
 
 li-osit upon, on or into, any street, sqnare, lane, by-way, wharf, 
 ft slip, l"!^"' l"'"^^' hank, hurlmur, river, strciun, sewer, or water 
 . iiui're or otner refuse, or vegetable or animal matter, or other 
 
 iiiV nw"" 
 
 iltV 
 
 . ,(, giiull bo the duty of the sanitary inspector, to keep a vilignnt 
 L-isinn over all streets, ' ' 
 
 HI*' 
 
 ibK'ii iiiiy. 
 
 lanes, by-ways, lots, or premises, upon 
 such accumulation ns aforesaid may be found, and at once 
 
 tilv the jiarties who own or occupy such lots or prtniiscs, or w\ut 
 
 ^■T litrsonidly or through thiir employeej* have deposited such 
 
 \l icfiisc, matter, dirt, or filth, in. any street, lane, or i)y.way, 
 
 '",1,. UPC tiie same, and to remove what is found thereon, such par- 
 
 *? 'l 11 forthwith renu)ve tl\e same, and if the same be not removed 
 
 r twi'iity-four honrs ofter sncli notiKc ition, tiie inspector may 
 
 ■ itc the parties so otl'cnding, and he may also cause the same to 
 
 1061 
 
 puMin health 
 forblildcii. 
 
 Duty of 
 xanitary 
 liiRpoc tor ax 
 to auilf, «tp. 
 
 
 il at the expense of the i)er8onsor person so otlunding, 
 A I'isd inspect at intervals, as directed by tins lioard of Health, a 
 MS (ic(Ul)icd by persons residing witiiin its jurisdiction, an 
 
 He 
 
 11 
 
 ml 
 
 I llli i"it fo'tlie Hoard each and every case of viohition of any of 
 
 'visions itf tliis l>y-law, or of any other regulations for the pre- 
 
 "^ ' tMiii of the public healtli, ami shall also report every case of 
 
 I "'.li til permit him to make such inspection. 
 
 , u|ieiievor it shall appear to the Board, or to any of its officers, 
 ktit is nt'ees.«Hry for the preservation of the public health, or 
 i»liif alwtc'iiient of anything danj^erous to the public iiealth, or 
 \ vir tlu'V or he shall have received a notice signed by (me or 
 iTinlialiitant hdUi^ehohlers of tlii.". muiucipality stating the cf:'.- 
 ItiiiofaiiV huililinj,' in tiie municipality to lie so tlltliy as to be 
 
 ,1011's tl' tlie public healtli, or that upon any pninises in ti 
 limii ipaiity there is ny foul or ofTensivo ditch, gutter, drain, privy 
 ,ii,!i| iisli-i'it, or cellar, kept or co 'structed so as to bo diiiiger- 
 (iriii'iirions to the public health, or that ii|ion any sneh premises 
 «uii;iilati(iii of (lung, manure, ofl'al, filtii, r.'liise, stagnant waier. 
 iivr iivittcr, or thing, is kept .so as t«> bo dangenms or injuricms 
 f I siiid, it shall l>e tlie duty of the sanitary inspector to enter 
 liiiil, lings or premises for the jiurpost; of ixaiiiitig tlie same, and. 
 ■tssary, he shall order the removal of such matter or thing as 
 ^uill. If the occupant, or proprietor, or liis lawful agent or 
 BKsiiitative, iiaving charge or control ol sneii pit niises, after hav- 
 CmiI twenty four hours notice fiom any such oilieer of the Board 
 lialth to remove or ab ite such muttvr or thing as aforesaid shall 
 ilict ' rrefuH; to remove or abate the si;i.e. he shall be subject to 
 liiK',.alties imposed under sectU)n 18 of this bylaw. 
 
 Il If the Hoard ! 8 stitisti»'d upon due examination, that a cellar, 
 m, tenement, or buihiing wnthin its jurisdiction, occupied as a 
 Jni; I'lace, has become by n*!»iK>n of the number of oecupants, 
 It (if cleanliness, the exist«n<;e therein of a coiit:igious or infectious 
 BK, or other cause, unfit for such purpose, or that it lias become 
 Risiiiii'e, or ill any way danj^erous to the liealtli of the o< <'iip,'nits, 
 fetlic public, they may issue a notice in writing to such ", oupants 
 iny iif them , ncpiiring the said premises to lie put in prv>pir saui- 
 yoinilition, or if they see fit, requiring the occupants to (piit the 
 KM within snch time ns the hoard may deem reasonable. If 
 Ipetjoiis 80 notified, or any of them, neglect or refuse to comply 
 
 Kxnminntion 
 of buildings 
 or prcinifieA 
 • ■y SHliitary 
 iiispi'utorti. 
 
 Notice to put 
 promises in 
 propiT 
 siiiiitary 
 I iiiulition or 
 to quit same. 
 
 m 
 
 u\ 
 
 i'M 
 
 Q i 1 
 
L0U2 
 
 M 
 
 p: 11 
 
 ii 
 
 IHntanro of 
 •laughter- 
 houKV, etc. 
 
 Ini«p«tctloii 
 of Hifiuglitor 
 
 hOUM!. 
 
 THE IIUMIOIPAL MANUAL. rg„„ I 
 
 with tho terms of tlie notice, every person ao offendina shall I v 
 to the penalties inipoacd by section 18 of this by-law and *i .""'''•I 
 may cause the premises to be properly clettnsed at the exue ""^I 
 owners or occupunta, or may remove the occinmntg f orciblv""^ i"' 'H 
 up tho premises, ami the same sliall not again be occupied f'H 
 ling-place until put into proper sanitary condition. "sauwelij 
 
 8. No proi.rietor or tenant of uny shop, house or outhousp v, 
 nor hIiuU any butrher or other person, use any siieli house 1 
 outhouse at any time as a slaughter-house or for the i' ^ ' ' 
 slaughtering any aiiinmls therein, unless such shop, house or"'^''T 
 be distant not less than two hundred yards from any dwelli ""! " 
 and distiint not less than seventy yards from any i>ublie atree't* 
 
 9. Ail slaughter-houses within this niunicipality shall be K' 
 to regular inspection under the direction ot the Board oih" itl 
 and no |icrson shall keep any slaughter-house uuleis tlie , "'" 
 in writing of tho Itoanl for the keeping of such slauuhierh ?'"""" 
 been first obtained, ami remains unrevoked, hueh peiini ' u 
 be granted, after approval of such premises upon inspection'"' r 
 to the condition that tho said houses shall be ho kLi)ta8nott ^ ' 
 the health of persons residing in their vicinity, and upon s "l"''' 
 dition being broken the said permission may be revoked by tl " K ^'* 
 and all animals to be slaughtered, and all fresh mcatexijusL'df "^" 
 in this municipality shall be bubjeut to like insouetion ' 
 
 Ingpection 
 of i-ow byre*, 
 
 tautorie.s ind 
 vrt!uuiurii-i<. 
 
 spuetion. 
 
 10. AH milch cows and cow byres, and all dairies or otler il 
 in which milk is sohl or kept for general use, and all dieesc fa't 
 and iTcamcries ishall be subject to regular insiuction under the l' 
 tion ot the said Hoard ; and the proprietors shall be nquiieil t< 1 
 pernn.ssion in writing from the Hoard, to keep such 'lairv or", 
 [dace in which m:lk is sold or kept as aforesaid, or to koen a I 
 i.utory or creamery, and the same shall not be keptby anydnmni' 
 such permission, which sliall be granted after approval ofsuclnn 
 ises upon inspection, subject to the condition that all such idi mI 
 aforesaid arc so kept and conducted that the ndlk shall not r II 
 any matter or thing liable to produce disease either by rj^!^!\ 
 adulteration, contamination with sewage, absorption of diwaHwi 
 infection of cows, or any other generally neogni/.id cause \\ 
 
 ;iii(i ug 
 
 (liHl-U8U(l 
 
 food. 
 
 .Sui>|>ly of 
 
 ilriiiking 
 
 water. 
 
 suili condition bting broken tiie saiil permission may be revokiJl 
 the Hoard. ' 
 
 11. No person shall otler for sale as food within this muiiini 
 ;iny diseaseil animal, or any meat, tish, fruit, vej^etabks, ni.lk. 
 other article of food wiiich, by reason of disease, miultirJ 
 iar.iirity, or any other cause shall be unlit tor use. 
 
 12. It shall be tho duty of the owner of every house witliiiiJ 
 muni( ipality to provide for the occupants of the same a .sutii| 
 supply of wludesome drinking water ; afid in case the oociiiiiJ 
 occupants of any sucii house is or are not satistied uitli tlir \J 
 .sonuness or suHiciency of such supply, he or tiny may qiijly ttf 
 Hoard ot Health to determine as to the same ; and if the siiiipH 
 sutlicient and wludcsomc, tluu the cxpcn.se.s incident to such 
 mination shall be paid by the said occnjjai.t or occu|iaiit,s, and 
 then tney Khali be paid by the owner; and in cither ca.se tliej 
 charges shall be recoverable in the same nnumer as muiiiciijal I 
 
 
 hK rt 
 
AL. 
 
 [SCUKD. A.] 
 
 SCHKD. 
 
 I. A.] 
 
 PUBLIC HEALTH BY-LAW. 
 
 luea 
 
 n offending shall l)e lialiltl 
 is \)y-law, and the UuaTdj 
 iged at thu exviense oi th 
 cupuntB forcibly and clut 
 liu be ocuupivd as a dwel<| 
 ndition. 
 
 liouBu or outhouse, sha 
 any such house, ahoi), 
 iBC or for the purjiohe 
 ch shop, \\ou8t', or ouilioii 
 la from ivny dwcUiiighotu 
 inn any ^)ublic street. 
 
 anicipality sliall be 8ubj« 
 n ot the Board ol Heallli| 
 louse uule'is tlie peruilsaio 
 of such slaughler-lioube ' 
 kcd. tiuch pennissior sn 
 isca »\\iou lUHpcctiou, sulije 
 all be HO kept us not to 'i\u\yt 
 aciuity, and upon sui;li col 
 luiiy be revoked by the biar 
 all fresh meal cxpuacil fur r 
 ) like inspection. 
 
 u»d all dairies or other i,l» 
 lal use, and all eheesc-facUiii 
 iilar iiispi'ctiou under the .lin 
 eti.rs shall be vfCiuireiUiMil 
 
 to keep sueli dairy or < . 
 
 'aforesaid, or to keei. a clia 
 
 a not be kept by any one «im 
 
 cd after aiUMiAal of suclivt 
 
 .mlitiou that all such \Ai\,^] 
 
 hat the udlk shall not wM 
 
 lee disease either by rLUhooI 
 
 L-,j/e absorptii in of disease gef 
 
 ally ricoguized cause, ami 
 
 pcruiission may be revokidl 
 
 as food within this mumcip 
 lish, fruit, vegetables mul 
 
 icason ..f 'li«^»«-' ^^^^"^^^'''^ 
 
 |.u unfit lor use. 
 wner of every house vsitluni 
 .cupauts of the ^^ame a suttil 
 Cr afid in case the (.ceiivii 
 
 bnots^^t-t-^1-^"^-^ 
 lY he or they may avi'U tj 
 n^ .ame ; and -f the .f 
 'expenses incident to such 
 
 occupa-..t..i-'^^''n"^"'*''"';L 
 ",J,. andin-.tLercaselld 
 
 aanemamierasmuuKiVaU 
 
 13. All wells in this niunioiprlity which are in use, whether such Wellt to ba 
 lU af i>«')lic or private, ahah be cleaned out before the Ist day of cif»n*d out, 
 
 , I ,„ each year, and in case the Board of Httalth certiKea that any 
 llslioidd be filled up, such well shall be forthwith tilled up by the 
 
 j;.„erof the premises. 
 
 etc. 
 
 ,^. jii„l refuse shall constitute a part of this by-law, and any '''.'^P«o"ni 
 " I or persims violating or uoKlecting any of the said rules ami ,,,!Xm «n<l 
 
 Ultll, 
 
 to be 
 roved liy 
 
 11 The following code of rules and regulations for the disposal of RuIsn 
 ii,,fe iind refuse shall constitute a part of thii 
 
 ''^iihtions shall be liablo to the fines and penultiea imposed by .eu"»ii'. 
 ^^tion 18 "f tliis by-law. 
 r,ii,K I. No privy-vault, cusa-pool, or reservoir into which a privy lA-tniip of 
 urcloset, stable, or sink ia drained, shall bo established until the ''^'^''"'•h- 
 rjils of s"^'' establishment shall liave been submitted to and ',"1"' '^'„„ 
 [lUiiifl the approval in writing of the meilical health olHcer, who rtc, to " 
 V'jl ff,„„ time to time, determine, with the approbation of the "Pi"""*e 
 I LVl tl'e luetliod of tlisposal of excreta, sewage, and other refuse, j',"^|[^*' 
 luktulopted within the district. oiiicer. 
 
 KiLB 2. Karth privies or earth closets without a vault below the Timedcpo- 
 nriwe of the ground do not come within Kule I, but sutiiuient dry fit* to hu 
 aiti) wood-aslies, or ct)ul-asheB to abaorb all,the fluid parta (»f the ""emoTed 
 einsitmust be tiiown upon the contents of such earth privies and 
 ii^U daily; the contents when removed from the closet must be 
 [Uied ill a shed on box witli rain-proof cover, and removed from the 
 Willises at least once a year on or Ijcforo the Iflth day of May 
 
 Ijfip 3, If the exigenciea or circumstancea of the municipality Ck-imin^ out 
 iBiuiri' that privy-vaults, cess-poola, or reservoirs shall be allowed in "|"l dwln- 
 ii'inliuiee with Rule 1, tiny shall be cleaned out at least once a vj|j'l['g*| P".^'^ 
 imr, nil or bitore the l,")th day of May, ami from the l.'ith day of 
 Ijlavtn the 1st day of Novondier in each year they shall be thoroughly 
 l&intected l>y adding to the contents of the vault, ceas-pool, or 
 llttervoir. once a month, nob leas than two p(uinds of sulphate of 
 Lwr, dissolved in two pailtula of water, or other suitable diain- 
 IlKtaiit. 
 line 4. Within the limits of this municipality no night-soil or con- DosdoHia- 
 ntjoiaiiy cesspool shall b(! removed unlesa previously deoilorized •■'"" ''i'|"re 
 ijliove, luul during its transportation the nuiterial shall be covered ''*™"'"' ■ 
 litbalwerof fresh earth, except the removal shall have been by 
 me iKliiile-ss excivatiiij,' process. 
 
 jiLK.i. All putrid and decaying animal or vegetable matter niuat JJi'"" *".'" 
 ureiiuivid from all cellars, bnildinys, out-buildiuga and yart'i on or d.-niycd 
 rioretlie lotli day ot M ly in each year. Hninial or 
 
 r ▼iUUtat)le 
 
 RiLEil. Kvery lioiiseliolder and every hotel and reataurant-keejier mmtcr. 
 rotiiei ptison shall liispose ol ,ill gurlxigf, fur the disposal of which 'lini.' for 
 iiijii<l)oii.siblii, eitiier by biirniiii,' the same or by placing it in a '"">'" al of 
 tojitr covered reieptacle for swill and huuse ofl'ai, the contents of «"'"'"»«<'• 
 Ikii shdl, between the l.'')th day of May and the 1st day of 
 lovfiiilid', be regularly reniuved as often as twice a week. 
 
 lliiul. Hetween tlie l.')tli day of May and the Ist day of Noveni- Ilogy. 
 '.iiMliK^shalllii kept within this limits ot thia municipality, except 
 Iptih i-eveiiiy fed moil any hou.se, with Huors kept free from 
 ii>lm^ water and rc^ul.irly cleansed and disinfected. 
 
 '■h.\ 
 
 i!' 
 
 !' 
 
 
 
 ■i 
 
 
 .uj 
 
 
 u 
 
 p 
 
 ,"•■; ' 
 
 li 
 
 
 'M 
 
 )\ 
 
 B 
 
 -J • 
 
 1 
 
 m 
 
 i 
 
1064 
 
 Urery 
 stable. 
 
 lIoiiM eon- 
 •truction. 
 
 Soli of 
 bulMiuK 
 Kites to bf 
 illalnftictcd. 
 
 TIIK MUNICIPAL MANUAL. 
 
 I><'scri|)lioii 
 <»f Urnin 
 
 Ortain 
 
 olofetR 
 
 prohibitc<I. 
 
 ['^<'nKD. A. 
 
 RliLK 8. TIh! koapor of evciry livury (ir otiior staLIn .1 
 BtiiMo nnd 8tal)lc-y.ii(l clo in, ami sliii 
 (lay of May ami the Ist tlay of Novi 
 
 loads of iiia?uiie to accuiimlato in or noar iiio suino at any r ♦'' ' 
 except by poniiisHton of the Hoard of Healtli. '"" ""• 
 
 15. Tlin followiiiLt regulations roKardiny tho constriii;ti.,„ of I. 
 sliail bu in force within this nuinicipality : 
 
 f)ll«(>H 
 
 Ventilation 
 
 ofdraliiN, 
 
 •tc. 
 
 thiiiknoss as may I10 rciiuiHitr umlcr tho cirouinstanecH to '|)i'vv'',!rtl''' 
 cseapu of gases into suoh proposfd house. ' 
 
 RcLK 2. Tho drain of every honao M-hic h may l)c cfimiccf,.,! uifi 
 sewer or coss-i'ool shall be ventilated by mduiMif a nii,,.. vr. ,1 ' " 
 If i> 1 ■ 1 1 • L r ii • .1 I 'I " ' ■>" I ilili;' III). 
 
 ward from llic bi^lir.st ]ioint of the main soil or waste 1 it c jind aZ i 
 
 a ]iipccariifd u|i\var(1 from the dmiii oiit-idc tlu^ mmIIs of t'l,',, ||,„|)|',?,,7 
 cordiiii' to the prinoiitleH shewn in (he aitDcndi'd di.iL'rnn 'I'l. . '•'"'' 
 
 1 111 I'll !• . .1'.. r»'"'"' I lU'.^C IlllXta 
 
 shall be of the same dimoijsions as the said main sf)il or «;i4c 
 and shall be eonHtnntdl of the same niattiial or of stont I'.dv 1 i'"^i 
 iron, and no trap hIi ill intervene between the Hnid vt iirilatiiiir i.ii',! 
 In case, a trap shall intervene between tlio scwcr or ci s;s |),hi1 •' V 
 tho ventilating jiipes already described, then a four inch vrntil'iithi'! 
 pipe ol the same material as above described shall be caniil f,.,,, . 
 point between such traii and the sewer. All siieh ventiia'iii-' iml! 
 shall bo. carried ab'ivc the roof of tlu; said iioiise, and sli.ilj uicn nlim' 
 at jioints su(ri''iently rem"te from every window, door, ,-,kv lif-lit 
 chimney or other o[iening leading into any house. > fe > 
 
 No pipe carrying air or ^as from any drain or soll-jiip,. .siiiill l,o 
 connected with any chimney in a dwelliiig-li(.use, unle.-^s tin >.iiiir. U 
 a furnace chimney used exclusively for the purpose of Vditilatinif 
 such soil-pipe or drain. 
 
 HrLK 3. Every house-drain shall be cnnstrueted of vitiilied earth- 
 en waro or iron pipe; and every soil and waste ]ii|ie, of ip 11 iiir 
 rendered impervious to gi.s or liquiils. tlie joints tliereif Ik in;/ rm 
 with lead and caulked, or of lead pipe weighiii!,' at lea.st (I Ih.s. tn thL 
 square foot ; and the waste pipe from every closet, sink, tub, wishl 
 b isin, &afe, or other service shall h ive as ne ir as may be to tlie poinj 
 of junction with such service a trap so con.striicted, vei tod, iuifl 
 furnixhe<l, that it sliall at no time aUow of the pissige of >.'iv int^ 
 such house. All joints shall bo so constructed as to luxvuiit ga* 
 escaping through theui. 
 
 RtJLF 4. The con.^truction of any closet or other con venieiioewhifl 
 shall allow of the escaiic into the house of .lir or gas wliicli li i» bed 
 confined in any part of it or from the drain or soil pipe, is horeh 
 prohibited. 
 
 Hefrlgerator RuLK 5. No refrigerator waste shall bo allowed to (.'onnuct viitj 
 waste. jiny drain. 
 
 ^-''-i i-ii' 
 
 m 
 
Mi nA,\ 
 
 [ft(;iir.D. A. 
 
 :v\)\o n\\n\\ ktiep \m 
 t. \i(:t vrcn tlic \M\ 
 I thui twii wa^^iiii 
 10 at ii\>y oil" liino, 
 
 mstvucfu'U i>f liousos 
 
 i\uy s'ltt". tlio Mil of 
 
 KUrll soil i^lllvU Invo 
 
 ifoi'tcil, 1 ■ uulisa U>c 
 f i;h;vr>;-ml, <■<>'. ii\M\ l>y 
 i,\ of n\\A\ iii\.liliiinikl 
 (tivni-'CH to pvovmit tlio 
 
 ly 1)0 cfiumMliM' witli a 
 
 \VI\st<' lilr,!Uul;ilsi.\)y 
 
 u: walls of tb' litiusii.-ic- 
 il.lin^;!';!!!!. 'I'lu'MvilH'* 
 iixin soil w NMi-'U'piF. 
 il or I'f s'to'it j.'iilv himl 
 ., Bni'l vtiitiliitiiij: VM"''»- 
 scwtT or CI i-Hjiniil, ;iii(l 
 ^v four iinli vcntilitingl 
 
 sVivU 111- fiii'ii '1 from a I 
 I s.ich vcuti'atiuj; ]M]»i\ 
 imo lui.Uliiill ovfiniWa 
 
 iu.low, tldor, hUyliglit, 
 
 lUSC. 
 
 iun or soil-i.il>- slmll l.ai 
 yuriM.so of vHiMliluig 
 
 trvu^to.l of vitviti.Ml cnrth. 
 waste-vi\H', of ■'<•:" l-'l" 
 
 i„U atlfast*ill>s. totW 
 
 •\rasn.:>yWtatl.'Voin 
 cmslrncte.l, vovtd, aufl 
 f the p:iss:.ge- .,f >ris >nM 
 ructcd as to vrcveut ga* 
 
 nr other conveni. nee vliid 
 Tvir or gas wind, lus 1 J 
 
 , aUowea to connect will 
 
 SCHID. A.] 
 
 PUBLIC HEALTH BY-LAW. 
 
 1066 
 
 <»',! 
 
 -I !■ 
 
 
 : I 
 
 I ■ 
 
 -Extension upwards ot soil pipe. 
 
 -Second ventilating tube. 
 
 -Ventilator for drain in case a trap is placed between the sewer and house. 
 

 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 // 
 
 
 <^ 
 
 1.0 
 
 1^128 |2.5 
 
 ■50 ^^™ HflH 
 ■ 1 O 
 
 
 ■^ 1^ 12.2 
 :^ U£ III 2.0 
 
 I.I 
 
 
 l'-8 
 
 1.25 
 
 i^ m 
 
 Photographic 
 
 Sciences 
 Corporation 
 
 4^ ^ 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716)872-4503 
 
 'V- 
 

 
 t/.. 
 
1066 
 
 THE MUNICIPAL MANUAL. 
 
 [SCHED, 
 
 ti I h 
 
 Plumbing 
 and drainage 
 plans to be 
 filed. 
 
 ^ISf**"^"* Rule 6. No pipe supplying water directly to a water clo 
 to cK* urinal, shall be connected witli the pipe supplying water fordri«l 
 purposes. "' 
 
 16. Every person who erects, or causes to be erected, any bi "1 
 shall, within two weeks of the completion thereof, denoeifc 
 Registry Office of the Registry Division in which the buildf 
 situated, plans of the drainage and plumbing of the same as exp "< 
 and in the case of any alteration of any such pluuibin" or dr 
 it shall be the duty of the owner of the house, witliin" two w^'k 
 the making of the alteration, to deposit in the same mann • 
 plan and record of any such alteration ; if such alteration is ma i 
 a tenant, it shall be the duty of the tenant or lessee to denol'^ 
 cause to be deposited the plan and record of such alteration ' 
 
 17. The following rules for preventing the spread of infectious 
 contagious diseases shall constitute a part of this By-law : 
 
 Rule 1. The medical health officer [or secretary of the L 
 Board of Health] shall provide each medical practitioner practi 
 within this municipality, with blank forms on which to report to 
 said medical heath officer [or secretary] any case of diphtheria sni 
 pox, scarlet fever, cholera, typhoid fever, measles, whoopingcoii 
 or other disease dangerous to the public health, and, also, M'ith otl 
 blank forms on which to report death or recovery from auv 
 disease. 
 
 Rules re- 
 specting in- 
 fectious and 
 contagious 
 diseases. 
 
 Duties of 
 medical 
 health 
 officer. 
 
 Forms, kind RuLE 2. All such forms shall be so printed, gimnned, ami foli 
 o^' that they may be readily sealed, without the use of an enveloce 
 
 as to keep them from perusal until opened by the medical heal 
 
 officer [or secretary]. 
 
 Blank forms, RuLE 3. Said blank shall be in accordance with the following form 
 
 Report of Infectious Disease. 
 
 Christian name and surname of patient : 
 
 Age of patient : 
 
 Locality (giving street, number of house or lot), where patient i 
 
 Name of disease : 
 
 Name of school attended by children from that house ; 
 
 Measures employed for isolation and disinfection f 
 
 (Signature of physician) ; 
 
 i;, '' ^,. 
 
 Report of Death or Recovery from Infections Dmst\ 
 
 Christian name and surname of patient : 
 
 Locality (giving street, number of house or lot), where patient j 
 
 Name of disease : 
 
 How long sick : 
 
 Whether dead or recovered : 
 
 Means of disinfection employed, and when employed : 
 
 (Signature of physician): 
 
MANUAL. 
 
 [SCHmA.H SCHED. B.] 
 
 directly to a watercloaet or I 
 ,e supplying water for drinking | 
 
 ises to be erected, any building I 
 nletiou thereof, depoeit in the I 
 isicm ii^ ^vhicli the huildmg i»I 
 limbing o£ the same as executed •,] 
 nv such plumbins or drainage,! 
 he iiovise, witldn two weebofl 
 ' ' git in the same maimer tli«l 
 V,, • if such alteration is made byl 
 he' tenant or lessee to deposit otl 
 ■ecord of such alteration. ' 
 
 ntina the spread of infectious an^ 
 a part of this By-law : 
 
 mper Vor secretary of the Local 
 V medical practitioner, practisin 
 Vfonnsonvvhichtoreporttotb 
 
 ffever, measles, whooprng-coui 
 ibllc health, and, a so, with oty 
 Cth or recovery from any ^ 
 
 ^^fopted^y the medical kal^ 
 
 accordance with the followingfo™ 
 
 ]nfection8 Disease. 
 jf yiatient : 
 ,er of house or lot), where patient^ 
 
 ui,ndren from that house; 
 Ro andclisinfection:;^ 
 
 ' (Signature of physician); 
 
 PUBLIC HEALTH BY-LAW. 
 
 1067 
 
 Levy from In^c^ons Dkm] 
 brSti"^^"'^' "'"''"' 
 
 r A and when employed- 
 '^'^' (SrgnatureofphyBic|an); 
 
 contagious Animals 
 
 ■ affected. 
 
 Penaltiea. 
 
 Rule 4. The medical health officer [or secretary], within six ^.«tf<» c' 
 hours after he shall have received a notice of the existence of scarlet po^te^d up. 
 fever diphtheria, small-pox, cholera, or whooping-cough, in any 
 house, shall affix or cause to be affixed by the head of the household 
 ^i by some other person, near the entrance of such house a card at 
 least nine inches wide and twelve inches long, t ' ating that such 
 disease exists in the said house, and stating the penalty for removal 
 of such card without the permission of the medical health officer or 
 Board of Health. 
 
 Rur.E 5. No person shall remove such card without the permission ^"^^ *°^* 
 oftiie Board of Health or one of its officers. rfinov«d. 
 
 Ri'LK 6. No animal affected with an infectious 
 disease shall be brought or kept within this municipality, except by ' 
 permission of the Board of Health. 
 
 10 i^ny person who violates sections 4, 6, 7, 9 or 11 of this by- 
 law or Kiile 1 of section 15, or Kule 5 or 6 of section 17, shall be 
 liable, for every such offence, to a penalty of not less than $5 nor 
 more th;ui §50 in the discretion of the convicting Justices or Magis- 
 trate besides costs, wbicli may also be intiicled if the committing 
 Justices or Mcagistrate sea fit to impose the same. Any person who 
 violates any other provision of this by-law siiall be liable for every 
 I Buchort'ence to a penalty not exceeding $20, in the discretion of the 
 i convicting Justices or Magistrate, besides costs, which may also be 
 intlioted if the convicting Justices or ^lagistrate see fit to impose the 
 I wne. Every such penalty may be recovered by any person before 
 any two Justices or a Police Magistrate having jurisdiction in the 
 municipality, ami shall be levied by distress and sale of the goods 
 aud chattels of thj offender, with the costs of such distress and sale 
 Ibv warrant under tiie hands and seals of the Justices, or the hand 
 land seal of the Police Magistrate, before whom the same are re- 
 Idveied, or undr the hands and seals of any two Justices having 
 ijarisdi tioii in tln3 municipality, and in default of sufficient distress 
 Ithe s;iiJ Justices or Magistrate may commit the oflender to the 
 jcommnii gaol or to any lock-up or liouse of correction in the said 
 liniiiucipality for any time not exceeding fourteen days, with or with- 
 out hard labour, uuless the amount imposed be sooner paid. 
 
 47 V. c. 38, sched. A. 
 
 SCHEDULE B. 
 
 (Section 113.) 
 
 Form of Municipal By-law Amknikno the Above By-law. 
 
 ly-law Number — , intituled "A Bi/-laio respecting the Public Health 
 ' Bylaw." 
 
 llVliereas it is expedient to amend or repenl some of the provisions 
 Ithe by-law appended to The Fithlic Health Act, so far as the same 
 in force in this municipality, and to suspend the operation of 
 her provisions of the said by-law. 
 
 
 H' 
 
 X \. 
 
1068 
 
 THE MUNICIPAL MANUAL. [ScHED B 
 
 Be it therefore enacted by the Municipal Council of 
 
 1. Section 1.3 of the said by-law is hereby amended bv auWif t- 
 the "1st day of July of every second year " for " the 1st daTofl.T 
 in each year." ^ "v 
 
 2. Rule 7 of section 14 of the said by-law is amended by strik' 
 out the words " and disinfected " at the end of the said rule "'^ 
 
 3. Kule 3 of section 14 is hereby repealed. 
 
 4. This by-law shall go into force forthwith. 
 
 47 V. c. 38, Sched. B. 
 
 '' %m 
 
 SCHEDULE C. 
 
 (Section 25.) 
 Public Health. 
 
 Take notice that by virtue of The Public Health Act, and tlie 
 regulations made thereunder, possession has Ijceu t;iken, (o/' obtained J 
 an the caw. may he) of the following land {or "building," an the cu.«| 
 may be,) namely : 
 
 (Reasonable Description) 
 
 and further take notice that such land (or building) will be occupied] 
 and used for the purposes of the said Act and regulations from andJ 
 after the date hereof, for a period of or such other time as may j 
 
 in the discretion of the undersigned, be necessary. 
 Dated, etc. 
 
 49 Y. c. 42, Sched. 
 
 Pi] 
 
)y amended by substituting 
 • " for " the 1st day of July 
 
 aw is amended by striking 
 end of the said rule. 
 
 LTH. I 
 
 B Public Health Act, and the 
 ,n has been taken, io'-obtamed, 
 and (or" budding," a,s the cu.sel 
 
 escription) 
 
 ,d (or building) will be occupieil 
 
 Act and regulations {rom and! 
 or such other time as may^ 
 
 be necessary. 
 
 ,1] 
 
 VACCINATION AND INOCULATION. 
 
 1069 
 
 R- S. 0- cap- 206- 
 An Act respecting Vaccination and Inoculation. 
 
 pplTALS TO PROVIDE SUPPLY OF 
 VACCINE MATTER, S3. 1-3. 
 
 jlcmcipautiks to providk for 
 vaccination of besidents, ss. 
 
 Vaccination of childrkn, ss. 
 
 Ml. 
 
 Penalty, s. 13. 
 
 Plea of previous conviction 
 when allowed, s. 14. 
 
 Fees for vaccination, s. 12. 
 Enforcing vaccination, s. 15, 
 Vaccination of children at- 
 tending school, s. 16. 
 Vaccination of students ok 
 
 HIGH schools, etc. S. 17. 
 
 Penalty for inoculating with 
 variolous matter, s. 18. 
 
 HER MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 I enacts as follows : — 
 
 1, The trustees, governors, directors, or other ofticers or Trustees, 
 I pereons having at any time the control and management of f,08pitli8 to 
 any hospital or dispensary receiving aid from the public keep vaccine 
 funds of this Province, shall keep at all times in such certain 
 hospital or dispensary an adequate supply of vaccine matter p^'^p*'***- 
 )!• the following purposes, viz : 
 
 Pli-st — For the vaccination, by a legally qualified medical For the 
 I practitioner attached to such hospital or dispensary, at the of the poor. 
 lexpense of the same, of all poor persons, and at their own 
 I expense of all other persons, who attend at such hospital or 
 Ifepensaiy for that purpose, during one day in every week ; 
 [the fee to be charged for such vaccination not in any case to 
 ItKeed fifty cents, and to be used and applied for the benefit 
 Idlthe hospital or dispensary ; 
 
 iimnd. — For the purpose of furnishing, on application, to 
 Ittcli aud every legally qualified medical practitioner, such 
 lieasonable quantities of the said matter as he from time to 
 
 m requires ; 
 
 Thirci.~For the purpose of furnishing on application, to 
 p Superintendent-General of Indian Affairs, or his assis- 
 
 Fee. 
 
 How applied. 
 
 I'or furnish- 
 iiit; lei^ally 
 qualitied 
 medical prac 
 titionen. 
 
 For the use 
 of the 
 Indiano. 
 
 |:?;;U- 
 
 ' i' ', 
 
 •Ifi ,r 
 
 I f 
 
 J 
 
 1. ! 
 
1070 
 
 THE BIUNICIPAL MANUAL. 
 
 
 [8. 
 
 tant, or to any visiting superintendent of Indian Affairs 
 such reasouiible quantities of the said matter as lie may frtim 
 time to time require for the use and benefit of any settlp 
 ment of Indians. K. S. O. 1877, c. 191, s. 1. 
 
 2. No warrant shall hereafter issue for the payment of r 
 jmoDtof sum of money granted by the Legislature to any hosrjiial oi 
 u« to'any dispensary, unless a certificate has been tiled in the oflice o 
 
 any 
 
 or 
 
 f 
 
 No warrant 
 for thB 
 paj 
 ino 
 
 hospitiii ' the Clerk of the Executive Council, signed bv ji tn(.fi;r..,i 
 ttsufflcient ofKcer of sucli hospital or dispens;ii-y, to the olfect that tlicrc 
 va"o"n«^ "^ ^^ actually on hand in such hospital or dis])t'ns;iry a supply 
 mutter on of vacciue matter which is expected to be sulHcient for the 
 ' * "■ purposes aforesaid from the date of such certificate, or .lettin" 
 forth reasons and grounds in explanation of aiiy (leficieney 
 in such su])ply tothe satisfaction of the LicMitonant-Ouvcrnor 
 in (.*ouncil, nor unless, nor until a certificate! .signed nsaforn 
 said to the effect that at no time since the date of the tlien 
 last certificate in this behalf, has the demand ujjonsucli hos- 
 pital or dispensai'y for such matter for the purposes afore- 
 said, exceeded the supply thereof on hand in such Iiosiiital 
 • or dispensary, or setting forth reasons and grounds inexola- 
 nation of any delicieucy of such supply, to the satisfaction of 
 the Lieutenant-Governor in Council, has been filed as afon 
 said. R. S. O. 1877, c. 191, s. 2. 
 
 Annmii 3. The trustees, governors, directors, or other oiricers or 
 
 be iiiid iM-f.ro I'ei'sons having foi" the time being the control and iii;m:i:.i' 
 
 Lcgi-liiluru 
 
 ^<^'■^lectillR 
 
 Tacciiiaiii.ii. 
 
 nicnt of any hospital or dispensary to which aid lias l>(vii 
 granted during any st^ssion of the Legislative Assembly iif 
 this Province, shall cause to be transmitted to the Lieutcnnn'- 
 Governor through the Provincial Secretary, in time to afimii 
 of copies thereof being laid l)efore the Legislative; Asseniblv, 
 during the fiist fifteen days of the tiien next session, astiti- 
 ment certified by the ])roper officers of such hospital or dis- 
 pensary, shewing the number of persons who have ajiplied t'i;r j 
 and received free vaccination, the number of persons wbj 
 have applied for and received vaccination at their own ex- 
 pense, and the number, amount and apj)licatinn of fees cliargodj 
 and received for vaccination. R. S. O. 1877, c. 191, s. 4. 
 
 4. — (I) The council of every city, town, townsliip, and 
 incorporated village, is hereby empowered and required, ta 
 titioner'io" contract with some legally qualified and competent inedica 
 oUi«!in"^«tc.''P'"'^^^'^'^"^'"> *^'" pf'ictitioners, for the period of one year, 
 so from year to year, as such contract expires, for the vaod 
 
 Munidpnlt- 
 ties to 
 employ 
 ln«(iicnl prac' 
 
 V i 
 
g.6.] 
 
 VACOmATION AND mocULATrOK. 
 
 J 07 1 
 
 nation, afc the ejfpenso of tJiA .„ • • , 
 
 sons and, at their own oxXToTft 
 
 de»t in such nmn.cipality, who come . . ^''' '"'"''""^ '•««i- 
 
 tioiioror practitioners for th.f ^ "'''' '"«^^'«'tl practi 
 
 (2) It shall be a condition of pvp i 
 
 a,nount of the remuneration to l>e ,Sv ^"^'''^'' ^^'^^ ^he Ke...„,ra. 
 shall (lepenrl on the number of r. '^''^'''-'^ "»d«r the same V"" '" 
 previojisl, sjieeess^ul,, v,^:!.::^^;-::;,^. ^'^f '^-"^ ^ -="" 
 br-sucli merbcal j.raotitioner or n o .V-'^ '^"'^>^ ''*^«^*'»'*ted 
 
 tively so contracting. R. g. q^ j ^'^'^^'^^^ J'^ctitioners respec- 
 
 5. Ill case the council neHect^ f ,, . . ' 
 petent,„eclieal practitioner c^- pr^t i "i: .?f \f '' «""^e com- r.e. ,.,„., 
 of p,or persons and others us n n P"^ ^'' ^''''' ^'^^'C''"ation .^'^t'^'' '" 
 
 .efon,an.l«uch neglect co.:;i:^.e^'rt "^ '^'^ r>.-ecodin^ "S?- ,, 
 attention of the council ht< v. , '^^ month after th2 ""^"^"P'oy 
 
 Wl-oanl of health to'uiir,^:^^,^^^' i'; writin, l!^ Z^^^^^^U 
 
 in case of sr.ch neglect, the loc^ bo^ . ^"<^^'^ P'>^v'o,.s which, 
 
 tlieautl.onty of this Act the I J , , '"^^'"'1^ ^'xercise under 
 
 7-;-\f- -dic:u hek'r ^: .':r' 1^' '''^'' '-^^ -" 
 
 otiier logally qualified medical '!^^fv "" '"""i-ip^ility, or 
 !"'"^' '''•'» ••^" *'•« clutieswhicl ;.;'''"'■ "'■P'-''^tition;r.s 
 !"-"!-^ "Pon a u,edical p. c it ,^/? P-fonned. or are 
 "W?nited or contracted wU ! h '"'" <^'"^ "''^^l Act, 
 Fece:l.„^. section, and the couue . I? I) '" T""^''^"' "'^^'^"' th« 
 cal pr,u.t.tion(.r for the fees of v . i^ ^' ^"^'''^' *« ^'"^ .nedi- 
 f'^'"""! ^« tl.e extent pmv idedT'''','''"'; '^'" ^'^'' ^'"^ies po . 
 r^-^'-I f-eu mad. b^or wtt'.^ ^'""^ ^^'t' - if he 
 f\ TT'^ P'^'^ctitioner ^toL h 1 , V '"l^'^'^''- ^^^^ acts oJ 
 ^^^'''''■^'-''•-'^^v^alidnnd^op '^^J^^ ''^^'^ bo--d o 
 
 "contract with him had been n ; , "\"^^'^'->^ •'^''Pect as if 
 7-Pality ; and in suolT ^^..^ it i^ ^ ^\ — '' of the 
 
 .W'ii'^o, unless the muniein.. *^'»«. 'ooal board of hedth 
 Pl-t tl.0 places nnd^ "^ ;^ ^l^-' ^^ already don^ o' 
 
 h"Jfion shall be performed f". "''"'^ ••^'^'' ^''-^ -ch 
 
 r""= ^^^^-'' *" ^e donel^;^:?;!:r '' '^i!- -xt . 
 
 |s.l. 
 
 ^•^ V, c. 4i>, 
 
 6. The council of each eif,. ^ ^ 
 
 t f '''-'", tor tZ,Ji'^.^f^-:^'f-^^^^^^^^^ 
 
 r' '«">»«»". and shall ti.Stfetalr"'' '" "'"'' """'"'. ''™-^ 
 I *'*^'-"^' means for m vino- '"'='''''a'''>n. 
 
 till 
 
 iM. -:, >: 
 
 'Mi im. 
 
 ffl' 
 
 ;l if» 
 
107: 
 
 TIIU MUNICIPAL MANUAL. 
 
 l22 
 
 
 Kl 
 
 1 
 
 
 Hk|' .'^Dpi' 
 
 
 mm 
 
 $m 
 
 w"^' '9 
 
 
 m' i 
 
 1 
 
 [8.6. 
 
 from time to time, to all persons resilient within oa„i 
 1 /. .1 ., , ' -,1 • ,1 "" 6'*cn such 
 
 titioner or one of the niedieal practitioners contracte'l 'T 
 for such purpose will attend, once at the least in mpI, , 
 
 , * , . -—.Ill ^3J4j 
 
 ward of the city or town, or within the towiisliin or v'll 
 due notice of the days and hours at which the medical ^^^' 
 
 ParentH, etc., 
 bound to 
 take chil- 
 ilren to be 
 vacciimteij. 
 
 purpose wiji untuKi, uiic« au me iea.st ui each 
 at such place, to vaccinate all persons not succossfnUv ■ • 
 nated who may then ai)])oar there, and also of the dav '''''i 
 hours at which such inodical ])ractitioner will attend -it i 
 I ilace to inspect the pi-ogress of such vaccination in the i 
 .so vaccinated. R. S. 6. 1877, c. 191, s. G ; 47 V. c. 38 7? 
 
 7.— (1) The father or mother of every child born in i 
 city, town, township, or incorporated village, shall -it ' 
 appointed time, within three montJis after the' Imtli '"<■ 
 such child, or in the event of the death, illness absen 
 inability of the father and mother, theti the person wji 'l^ 
 the care, nurture, or custody of the child, shall at ■ '^^ 
 appointed time, within four months after the birth of fl,^ 
 child, take, or cause to be taken, the child to tin; niel' ! 
 practitioner in attendance at the appointed place accoidir (rt 
 the provisions of the preceding sections of this Act for h" 
 purpose of being vaccinated, nnless the child Im 1 '^ 
 previously vaccinated by .some legally (iimlified "medb 
 practitioner and the vaccination duly certilied • an,! ti 
 medical practitioner so appointed shall, and he is lie™] , 
 required, thereupon, or as soon after as it can convenieml- 
 and ])roi)erly be done, vaccinate the child. K S Q itj"' 
 c. 191, .s. 7; 47 V. c. 38, .s. 63. ' ' " "' 
 
 (2) This section and the four succeeding sections sliall 
 also apply to all children over the age of tli)ee nioiiths 
 becoming resident in a municipality, and such children .sjialj 
 for the i)urposes of the said sections be considered ai 
 (children born in the municipality at the date that tlievi 
 l)ecame resident within it. 49 V. c. 43, .s. 5. 
 
 '' «!• motheri 
 
 UiemTo^Se i^' ^1'°^' ^^^ ""^''^^ '^''^ f^^owing the day on which aiil 
 mtdicHi child has been vaccinated us tiforesaid, the father 
 
 orihel'ighUi *^^" father ])erson liaving the care, niu'tui-e, or 
 
 day. child as aforesaid, shall again take or cause to be taken tlij 
 
 child to the medical })ractitioner by whom the operatio/ 
 
 was performed, or other similarly apjjoiuted medical practi 
 
 tioner in attendance as afon^said, in order (hat the meiJia 
 
 )>ractitioner may ascertain bv inspection the result of th 
 
 operation. R. S. O. 1877, c' 191, s. 8. 
 
 "*"4i#f^ 
 
f ''.i 
 
 SUAL. [a. 6. 
 
 lUleut within each such 
 the towusiiip or viUage, 
 wliich the medical ])rac- 
 titionevs contracted with 
 t the kniHt in eucii nioutii 
 na not succcHnf uUy vacci- 
 and ftl«o of tl\e days and 
 tioner will attend at such 
 vaccination in the \»eison3 
 )1,H. 0; 'i7V.c.:^8,8.63, 
 
 every child born iu such 
 Ltetl villagi', shall, at some 
 ontbs aiter the hivth of 
 ; death, illness, ahseuce, or 
 sr theti the person who has 
 I t\ie child, shall at some 
 iiths after the hivth of the 
 .11 the child to the medical 
 ai)\H)iuted itlace, according to 
 sections of tliis Act, for the 
 
 unless the child has \)een| 
 le legally qualified medical' 
 ion duly ccrtilied ; and the 
 
 ted shall, and he is herehyi 
 after as it can conveniently j 
 'the child. R. «.0.18n,| 
 
 uv succeodincr s(!ctlons shal 
 ev the age of three mouth 
 ,ality, and such cluldren sk 
 -\ sections he considered 
 ^ality at the date that thejj 
 )>. c. 43, s. 5. 
 
 allowing the day on Nvlnchanj 
 foresaid, the father or mo hj 
 ive, nurture, or custody of W 
 t-lke or cause to be taken tb 
 oner bv whoui the opeiahoj 
 arly apvointed medical praci 
 1 lid in order that the media 
 I; iUpection the result of tH 
 191, s. B. 
 
 VACCINATION AND INOCULATION. 
 
 1073 
 
 U0(2)-] 
 
 n l\\ Upon and immediately after the successful vacci- *""■''*"■*««>' 
 
 tionof a child bom in any city, town, township, or mcor Tuooiimtion 
 ""..ted village, the medical practitioner who pertbrined the ^" ^"^ *'"*"■ 
 ' lation shall deliver to the father or motlier, or other per- 
 "'' luvvin" the care, nurture or custody of the child as 
 Iresaid, a certificate under liis hand, according to the form 
 
 f Schedule A to this Act, tliat the child has been success- 
 rllvvaccinated, and shall also transmit a duplicate of the 
 
 [certificate to the clerk of the municipality in which the 
 ^Jratioii was performed. 
 
 ,oj g^(;ll certificate shall, without further proof, be admis-^!"\"^''*'« 
 
 • lie as eviclence of the successful vaccination of the cliild iu 
 
 • iiiforiiiation or complaint brouglit against tlie father or 
 
 ther of tbe child, or against the person who has had the 
 
 nurture or custody of tlie cliild as aforesaid, for non- 
 
 I iliaiice with the provisions of this Act. R. S. 0. 1877, 
 
 |ni'l,s.9; 47 V. c. 38, s. G3. 
 
 iO_(l) If any medical jn-actitioner appointed as aforesaid 
 of opinion that a child brought to him as aforesaid is not in 
 tit and proper state to be successfnlly vaccinated, he shall 
 [deliver to the father or inotlier of the child, or the person 
 Lviu" the care, nurture or custody of the child as aforesaid 
 Ldeuiiuid and without fee or reward, a certificate under his 
 Lul according to the form of Schedule B to this Act, that 
 Ik child is iu an unlit state for successful vaccination. 
 
 (2) Such certificate or any similar certificate of a legally 
 alilied medical practitioner, respecting any cliild born as 
 Boiesaid, shall remain iu force for two months from its 
 kvery ; and the father or mother of the cliild, or the per- 
 il! Imvin" the care, nurture, or custody of the child as afore- 
 shall (unless they liave within each succeeding period 
 ! two months obtained from a legally qualified medical 
 petitioner a renewal of such certificate), within two 
 putlis after the delivery of the said certificate as aforesaid, 
 lit' the child is not vaccinated at or by the termination 
 [such period of two months, then during each succeeding 
 riod of two months until the cliild has been successfully 
 mated, take or cause to be taken to the medical practi- 
 ner, so appointed as aforesaid, such child to be vaccinated 
 Ihim ; and if the medical practitioner deems the child to 
 jtlien in a lit and proper state for successful vaccinatiou, 
 ^liall forthwith vaccinate it accordingly, and shall, upon 
 
 135 
 
 irtlH- child 
 be fiuiiid 
 unlit, for 
 v.'iciinatioil. 
 
 t'LTtificate. 
 
 How long to 
 ViL' ill force. 
 
 J{c'-]iresenta- 
 
 tioii of tlie 
 
 ihiM to be 
 
 ri'pi'iited 
 
 until 
 
 suopescfui 
 
 Tacrination. 
 
 ,-'i 
 
 h ■' 
 
 i 
 
 !!■ 
 
 ir 
 
 1 ! 
 
 if 
 
 . h 
 
 f') 
 
 \ 
 
 f 
 
 \\ 
 
 il; 
 
■Kf. 
 
 i 
 
 K 
 
 E^ 
 
 -1 
 
 i 
 
 'M 
 
 1 
 
 1 
 
 1074 
 
 THR MUNICIPAL MANUAL. 
 
 I 
 
 Certiflonte 
 
 Id 
 
 Effort of 
 oortiflcati' 
 
 If the child 
 in foil 11(1 
 in-u-nspii'ik' 
 of vaocine 
 
 Pops under 
 this Act. 
 
 [»• 10 (2). 
 
 or immoclititely ufter the successful vaccination of tl 
 deliver to the father or mother of tlie chih], oi- t|, '^ » 
 havini? the care, nurture, or custody of the ch'ilil n^ e P^'""*?" 
 
 ?W 1 1 I • I 1 .. ''""^« IS iltl)|('s|ii,l 
 
 a certihcate inuler his hand, accor(hn;,' to the f 
 Schedule A to this Act, that the chihl lias l)oen .su('c""f ii 
 vaccinated; hut if the medical practitionei ia of V.v 
 that the child is still in an utdit state for Huccossful ;'!""' 
 tion, then he .shall a^'iun deliver to the f.it'icr oi- nu tl*^^^'"'' 
 the child, or to the persou having the care, nurture ' ^ 
 tody of tlu* child, as aforcsuid, a certilicato under his 1 • "T 
 aci;ordin<,' to the form of .Schedule 1> to tlii.s Act tl t " 
 child is stili in an uiitit state for successful Viiecin.vi, 
 the said medical pi-actitionin*, so long as the chilil lorii' ' ■'' 
 nn unlit state for viicciiiatiou and unviceinatcd sliall • /'" 
 expiration of Gxary succeeding jicriod of two nioiiths dHiv 
 if recpiired, to the father or mother of tli(! child, or to t7' 
 ))er.son having the care, nurture or custody of tiio fhi],' " 
 fresh certilic.'itii unrler his hand, accord iii" to tlic for ' 
 "Hchedule IJ to this Act. 
 
 (3) The |)r<).luction of such certificate or of any simila 
 cerlilicate from any legally qualified inodical pia'ctiri(,- 
 .sliall he a sullicieiit defence against any complaint brou -Jij 
 against the faLhtw or inotluir, or person liaviii" tlie en 
 nurture or cu.stody of such cliild, for noii-uompjiixncp wit 
 the provisions of tin's .-Vet. 11. S. (). 1.S77, c. I'Jl ,s [q 
 
 11. In the e\-ent of a medical practitioner c'in])lov( 
 under tlie provisions of this Act, or any other ihilv (iiiiihiia 
 medical praetitioiuM' being of opinion that any diikl tli 
 has been vaccinated by him, is insusceptible of tlio vnoilB 
 disease, he shall deliver to the father or mother of the cliiM 
 or to the person having, as aforesaid, the care, niiitiiio i 
 custody of tlie. eliild, a ctM'titicate under his lnuid acc-oriij 
 to the form of Schedule C to this .\ct; and the product^ 
 of the c(M-tilicate shall bo a siilHeient defence a^'aiDst 
 complaint whi(di may be brought against the fatlicrj, 
 inotlier, or ]terson having the care, nurture, or oii.stodJ 
 the child, for non-complianci; with the provision.s of 
 Act. R. S. O. 1877, c. 101, s. 11. 
 
 12. Tn all contracts to be made under the provision 
 this Act, the sums contracted to be paid sliall not hen 
 than twenty-five cents for every person successfully vi 
 nated, including all or any of the certificates re(iuii'ed byj 
 Act. R. S. O.' 1877. e. IDl, s. 12. '* 
 
 m 
 
 
JAL. 
 
 [b. \0 (2). 
 
 aocinatiou of t\ifi cV\V\ 
 1(1 c\\H(\, or tho person 
 t t\\o cinlil as iiforcsiud, 
 vdiiv^ t(i tlio t'onn of 
 Ul \ias Uoeu «vi(.!ceshi«\ly 
 actltlouet ia of opinioa 
 ,e for Hucct!K«fu\ vuec'mii- 
 t\\o t'athci- or mothov o{| 
 Mv> (v.u'(% imrturo, or ens- 1 
 vtilicato \\\u\('\' Ins IwimlJ 
 I \.} to tlii« Act, th.it thftl 
 iccossfvil vaccinalion, ivudl 
 ncf i\s t\u'. I'hil'l rcmiuns m| 
 
 xuivACcinatod, slmU nt llie 
 io»\ of two mowths, (leliverJ 
 ,\ior of tlw! fhilcl, or to th«| 
 
 or custody of the f;\\iVi, 
 , accorcUn^ to tlu«, form o^ 
 
 rrtifioatR or of any siiuu 
 allied mcdu-d vvactiHov.ei. 
 inst any compV-nnt bniM^W 
 or p(>rson Ir.iviu^ tli.; (ird 
 
 1 15-] 
 
 VACCINATION AND INOCULATION. 
 
 1076 
 
 10 If a father or inotlior, or person ho Imvmc as aforesaid ' •'"*'♦> for 
 (.cure nurture or custody oi any chud as atoresaid, does mictt «iih 
 itciiiise tli(! child to bo vaccinated within the periods pre- iXu'ofihU 
 
 rited ''y *^''^^ ^^^' °' ^'"*'^ "*^*' ^" ^'"^ ♦''o'^*'^' <l"y fif^^r the ^"t. 
 ifciiiation hiis been performed take or cause to bo taken the 
 lild for inspection accordijig to the provisions in this Act 
 ■Mctivoly contained, then the father or mother, or {)erson 
 uiiic tlio caro, nurture ni- custody of the child as aforesaid, 
 
 offeiuliii", shall be liable to a penalty not exceediiij;; $5, 
 flveniUe on summary conviction, luifore a Police Miigis- 
 
 or p(>rson uuvn.i; >,.., 
 \d f<->v non-conivUftucp v 
 i/o. lS77,c. lOl.H. \n 
 
 .Vic'd pvacfifioner m\^U, 
 t or any otlun- duly mu .:;Ui 
 ouiulou that aTvy chu.l t.i 
 insusoevii^.\o ol t^.o V.V1, 
 
 ■■ahcr or moth(M' ot tho nil 
 •ornsaid, the caro, nuvtuve 
 L. under his hand,. C...V, 
 Lu Act; and the Fodudi 
 u.lUcient defenco against « 
 ,.U ai^amst the t.t>..> , 
 ' 'ive uuvturo, or cnsto.v^ 
 NvitU the pvovisious ot f 
 
 . n. 
 
 ,u-ido under the provision 
 '\l^'cevtitioate. ve>imredby 
 
 lio ' 
 
 tft or any two Justices of the Peace, sitting aTul having 
 i-dictiou in the municipality in which the offence was 
 Quitted. R S. O. 1877, c. 19l,s. 13;47 V. c. 38, s. 63. 
 
 11 IW After the expiration of two months from the con- ""w •« nnd 
 
 i't-~Vl J ... • 1. ii • A i^ • when i»li'aof 
 
 ctiim of any persoir tor an oitejico against this Act, in ronvinion 
 Uiipct of iuiy child, no ])lea of such conviction sliall l)o •-'"'" "fti'- 
 cient ileience against any complaint which may then be 
 lUirht n":unst the same or any other peivsou for non- 
 mpiimice with the provisions of this Act in respect of the 
 ce cliilil. 
 
 .i\ ]'lio production of a certificate in tlio form of schedule 
 orC mulor the hiiiul of a legnlly (pialilled iiKHlical prncti- 
 )nei' sliidl 1)0 a sufficient defence against such comjiliiint; 
 tbe iiroihiction of a cortiffcate in the form of S'diedule B 
 lall not ho a sufficient defence, urdess the vaccination is 
 (fthv postponed to a day sul)sef|uent to that on which the 
 nDliiiiit is brought. R. S. O. 1877, c. 191, s. 14. 
 
 115, In every municipality where sinsdlpox exists, or in KnfrrcitiR 
 
 lieli. in tlio opinion of the provincial or rniinicipal health *'''"''"*"°"" 
 
 llioritifs, there is danger of its breaking out owing to tiie 
 
 llitvof coni'Municatinn with infected localities, the couii- 
 
 loftlie imiiiii/j iity may order the vaccination or re-vacci- 
 
 jicnof all persons resident in the municipality who have 
 
 [been vaccinated within seven years, and that such vacci- 
 
 ..lor re-viiccination siiall be carried out in so far as the 
 
 le may be ai)plicablo in the same manner as for the 
 
 lination of children, except that in the case of all persons 
 
 Va:;e to make them legally responsible, they shall pre- 
 
 Ithemselves for vaccination by the medical practitionei-, 
 
 pclegally qualitied practitioner, and the medical piac- 
 
 JDer shall adopt the same measures to secure the vacci- 
 
 i)n or re-vaccination of all such persons, as he is required 
 
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'1076 
 
 TilR MUNICIPAL MANUAL. 
 
 
 to do with ie;^ard to chililren. A proclamation issu • U 
 the hoiul of tho tminiciiMility, and published in nost . 
 in at Imist ono iiowspiiper publi8lieii within tlio niini ' ^ *■' 
 
 and in casea where there is no Huch 
 
 I'dlit 
 
 least one newspaper in the county m whicli sud • 
 
 pality is situiitod, warning the jaildic that tliis section f i 
 Act is in forfo, shall ho sullicient evidence to scpuw. »i " 
 viction ot any person who does not comply witli ti i 
 within a j)eriod of seven days from the puhlicution ,'f ^, 
 proclamation. 49 V. c. 43, s. 4. 
 
 16. It hIuiII be lawful for the trustees of any pnhlic 
 squTrir "'"' rate or high school, to provide that no chiUhon sliajl l' ^''^ 
 :ccf;:u"o-K''"'"«^^ *« »^t^^'"* any_s«hool without producin^r .,, ..^I"^^ 
 
 Hchool 
 truatoi'D may 
 req 
 curtifl 
 Tacoinatioi 
 
 of successful vaccination when demanded of him or I i 
 the teacher. 49 V. c. 43, s. 2. "" *' 
 
 studentB of J 7. In all cases when it is deemed necessarv l)v tli». »v, i- 
 •tcmiiybo health ofJicer ot any municipality, owing to tlu; prosciice 
 pniauce"" threatened presence of smallpox, ho may, with the uimrdv" 
 eertiflcBtoRofof the local board of hoidth, lecjuiro certificutoH of snc/'oc 
 vaccination, or ol insusceptibility on le-viiceiiuition witln, 
 seven years, of all students of high schools, collcnuti int', 
 tutes, colhfges, and universities, within the inunicinalitv 
 be presented to the j)roper autliorities of the said iiislitiitm 
 and no student refusing to ])resent such certiticato on (loiimiil 
 shall be admitted to further attendance ou clas.sos in sJ 
 institution until such certilicate is furnished. 49 V^. e. 4.'] s 3] 
 
 onhopersnn IS- ^ '^"^ person lic(!nsed to practice medicine, surrrerJ 
 cni)trftvenini;ov midwifery in this Province is convicted of an oim 
 ^■j'-j^'^'^"' against section 1 of chapter 39 of the Consolidated Statuta 
 iiecome null, of Canada, entithuj Ait Act respecting Inoculutm fiJ 
 Vaccination, the license of such person in that behulf stal 
 thereby become null and void and of no effect, and suclii 
 son shall, from and after the date of such convictioii 
 liable to the same penalty in the event of his practisiij 
 medicine, surgery or midwifeiy in Ontario, as he would bi 
 been liable to for so doing if lie hail never been licensed j 
 Proviho: practise the .same ; but it shall be lawful for the LieuteDnii 
 brreneXd, Governor, on the certificate of the College of IMivsiciaasaj 
 «*«• Surgeons of Ontario, at any time after the exi)ii',itioii of I 
 
 term of im})risonment of any such person so cuiiviofedj 
 aforesaid, again to license such person to ])ractise niedieii 
 surgery, and midwifery as aforesaid, and thereupon 
 thereafter such person shall no longer be liable to air 
 penalty for so doing. II. S. O. 1877, c. 191, s, 15. " 
 
 tA.JJU||;; 
 
■r.,,,^ 
 
 MANUAL. [g. 15 
 
 A proclamation issued by 
 I published in postorH and 
 \eil within the imiiiicijinlity, 
 Huch uowHpapor, tlicn in at 
 nty in which sueh immici 
 ublic that this section of the 
 it evidenco to socun; tlic con 
 s tiot comply with tiio Wv 
 rom the pul)liciitioii of the 
 i. 
 
 5 trustees of any puhllc, wpa 
 that no chiUlrou shall he jw. 
 thout producin^j; a coititiciitf 
 denmndod of him or her by 
 
 •enied necessary by the inoilical 
 ity, owing to the presiince, or 
 )X, he may, with the approvnl ; 
 !(juiro certiticat(!s of Huccessfiil l 
 ility on rc-vaceination within] 
 f liigh schools, colle|j;iut(; imti-l 
 ;a within the muuicipulity toi 
 liorities of the said institutions, 
 sent such certiticate on demand 
 ' attendance on classes in saiij 
 teisl'urnished. 4<J V. c.43,s, 
 
 [ to practise medicine, surgerjj 
 i\ce is convicted of an ollenci 
 ;il) of the Consolidated Statut< 
 ct respecting inocukiim u 
 i\ch person in that behalf slial 
 id and of no eirect, and such p 
 ihe date of such conviction, 
 in the event of his practisiil 
 'ery in Ontario, as he would haj 
 if he had never been licensed | 
 all be lawful for the Lieuten 
 'of the College of riiysician»aj 
 /time after the expiration of! 
 any such person so cunvictedj 
 such person to practise medic' 
 ,s aforesaid, and thereupon 
 1 no longer be liable to any find 
 
 S. 0.1877, c. 191,8.15. 
 
 SCUED. C] VACCNATIOV AND IXOCUIMTIOH. 
 
 SCi£Ki)Ui^(3 A. 
 
 [, the inulorsigned, hereby certifv fh .* 
 W, has boon «ucoofl8fulIy vaccinate,! by ,;,„. '«'• «'^ ^'"^ case may 
 
 Wed this day of , jg (^ignod), A. U, 
 
 «-S-0. 1877,0. 191.^,/,,^.^, 
 
 SCHKDCJLE B. 
 (Sections 10 and I4.) 
 
 Lo«fully v.ecn.ated, and I do jTe "bv , ."' ^'"i'"- '^^^^^ to be 
 iBntilthe clay of '*^ ^'"'*i">"« the vaccination 
 
 Dated this day of jg (Signed), ^ jj 
 
 R. S. O. 1877, c. IDI, ^;i,^ B 
 
 SCHEDULE 0. 
 
 (Sections 11 and I4.) 
 
 leikM,! „( ' W,, Jl 1 .,"?»' "pinion that 
 
 Mthis day of ^ Jg (Signed), ^_ ^^ 
 
 ^•«-0. 1877.c.l9I,^eW.C. 
 
 1077 
 
 1". ! 
 
 i t \ n 
 
1078 
 
 THE MUNICIPAL MANUAL. 
 
 [8. 
 
 An Act 
 
 R. S. 0. cap- 209. (a) 
 for the protection of Infant Children 
 
 Restkictions on reckivinq in- 
 fanl's 'jo be nursed for 
 
 HIRE, S. 1. 
 REGISTRATIDy OF UOUSES UNDER 
 
 THIS Act, s. 2. 
 
 Refusal of registration, s. .S. 
 
 Removal from register, s. 7. 
 Register OF infants, ss. 4, 5. 
 Offences, s. 6. 
 
 Notice OP DEATH OP INFANTS « 
 Inspection of register 
 
 houses, s. 9. 
 I'enaltiks, s. 10. 
 Expenses oe enforcing A( 
 
 Trial of offences, s. 12 
 Application of Act, s. 13 
 
 
 III 
 
 m 
 
 fiiBK^^^^^'^mj 
 
 liSKBl. 
 
 
 W 
 
 
 mm 
 
 isti 
 
 HER MAJESTY, by and with the advice and consent 
 the Legislative Assembly of the Province of Outad 
 enacts as follows : — ■ 
 
 r8''to''n.c"w- 1- It shall not be lawful for any per? ^n to retain or receii 
 io'blrnurled *"'^^" ^""^ °'' rewHi'd more than one infant, and in caseof twii 
 for hire. more than tvt'o '..lants, under the age of one yeir, for th 
 |)iirpose of nursing or maintaining sach infants apiirt froi 
 their i)arents for a longer period than twenty-four hoiirt 
 except in a house which has been registered as herein m 
 vided. 50 V. c. 36, s. 1. ^ 
 
 Xu^'Z 2. The m'lnicipal council of every local municipality slii 
 reception of keep a register of the names of persons applying to rc". 
 n ants. for the purposes of this Act, and tlierein sliall cause Id 
 i-pgistei'cd tlie name and house of every j)ei.son so applvin 
 and the situation of the house: and tLe council sliiillfro 
 time to time make by-laws for fixing the nnniher of infij 
 who may be received into any and every house so refisten 
 The registration shall lemain in force for one year. NoJ 
 shall be chargjd for regisLi-ation. Every person who receij 
 or retains any infant in contravention to the provisionj 
 this Act, shall be guilty of an oHence against tiiis Act. 
 V. c. 3G, s. 2. 
 
 rofuse'^"^ *" 3. The municipal council may refuse to register any lid 
 registraiioii. unless satisfied that the house is suitable for the purposes 
 which it is to be registeied, and unless satisfied by tliei 
 
 (a) K. S. O. caps. 207 and *208 are omitted, as tljcydo iiotd 
 powers or impose duties upon municipal councils. 
 
 iidJUjI,.'' 
 
 ^^'^^^^m 
 
MJUAL. 
 
 \^B.\. 
 
 09. («) 
 of Infant Children. 
 
 »T1CE OF PKATH OF INFANTS, 8, 8. 
 sVeCTION of REGISTKRKD 
 
 HOUSES, s. 9. 
 ENALTIKS, a. 10. j 
 
 ^rENSKS OE ENFOKCISG Act, 
 
 8. U. ,„ 
 
 \axy. OK OFFENCES, B. 12 
 
 ^Vplioa'UON of act, 8. 13. 
 
 ^ith the advice and consents 
 \y oS the rroviuce of OutanoJ 
 
 otJint,audincas.oiUv>j 
 
 t\u. -ai^e of o^ie ye.v, foe th 
 
 ,Wu.' sach infants av>^tJrod 
 
 been registered as iu-van . 
 
 fpvevY local mmdcipalitysy 
 
 r tl^eveiu s\ud\ cause of 
 ^^^^^^'ry l.<>vHOusoapply« 
 
 "! laud tie council sblH;, 
 r.'fixn*' the number otmk 
 
 ^^^'•'Ir'e oroueyear. ^o 
 
 k .vref««etoregistcranyl.j 
 ^'^^lu table for the pmH 
 
 lor^"ondtted,aBtW^lo«ot 
 
 8.] 
 
 PROTECTION OP INFANTS. 
 
 107» 
 
 duction of the certificates that the person applying to be 
 Mastered is of good character, and able to maintain such 
 infants. 50 V. c. 36, s. 3. 
 
 4. The person registered as aforesaid, shall immediately Register of 
 enter in a register to be kept by him the name, sex, and age "''"**'■*"• 
 of every infant under his care, and the date at which, and the 
 names and addresses of the persons from whom, they were 
 received, and sliall also enter in the said register the time 
 when and the names and addresses of the person by whom, 
 every such infant received and i-etained as aforesaid shall be 
 removed, immediately after the removal of the infant, and 
 shall produce the register when required to do so by the 
 municipal council ; and in the event of his refusing so to pro- 
 duce the register, or neglecting to enter in a register the name, 
 jex and age of every infant, and the date at which and the 
 names and addi'esses of the persons from whom they were 
 received, and by whom they were removed respectively, shall 
 
 be liable to a penalty not exceeding $20. 50 V. c. 36, s. 4. 
 
 - The person registered shall he entitled to receive gratui- Fornn of 
 tously from the municipal council, a book of forms for the [o*be*sup°° 
 registration of infants. This register may be in the form pi'«<i- 
 contained in the schedule to this Act. The book shall contain 
 J printed copy of this Act. 50 V. c. 36, s. 5. 
 
 6, If any person shall make false representations with a offences. 
 I view to being registered under this Act, or shall forge any 
 [certificate for the purpose of this Act, or make use of any 
 
 certificate knowing it to be forged, or shall falsify any 
 Linster kept in jjursuance of this Act, he shall be guilty of an 
 loffence against this Act. 50 V. c. 36, s. 6. 
 
 7, If it shall be shewn to the satisfaction of the municipal KemoTai 
 [council that a person whose house has. been so registered as [™™ter 
 
 iforesaid has been guilty of serious neglect, or is incapable of 
 
 Itroviding the infants entrusted to his care with proper food 
 
 nd attention, or that the house specified in the register has 
 
 icome unfit for the reception of infants, it shall be lawful for 
 k municipal council to strike his name and house off the 
 
 pster, 50 V. c. 36, s. 7. 
 
 j 8. The person registered as aforesaid, shall within twenty- Notice of 
 kr hours after the death of every infant so retained or f^fc V' 
 leived, cause notice thereof to be given to the coroner for 
 edistrict within which the infant died, and the coroner shall 
 
 ,! :f 
 
 ";• 
 
 !, ' Mr 
 
 r •^ :r!*i't 
 
 
 
 I ■■ 1 
 
 m 
 
 ■t! 
 
 Mi 
 
 fl.k: 
 
1080 
 
 THE MUNICIPAL MANUAL 
 
 Inipeotioo. 
 
 Penalties. 
 
 
 m % 
 
 I, Mi 
 
 Expenses of 
 
 enforcing 
 
 Act. 
 
 Trial of 
 offences. 
 
 R. S. C. 188G 
 0. 178. 
 
 /8.8. 
 
 hold an inquest on the body of the infr nt unless a tertific 
 under the hand of a registered medical practitioner is * ^ 
 duced to him by the person so registered certifying that su t 
 registered medical practitioner has personally attended ^ 
 examined the infant, and specifying the cause of its deatl^ 
 and the coroner is satisfied by certificate that there is ' 
 ground for holding an inquest. If the person so registered 
 neglects to give notice as aforesaid, he shall be o-uiJty of 
 offence against this Act. 50 V. c. 36, s. 8. 
 
 9. It shall be the duty of the municipal council to pvo- 
 vide for the visiting and inspecting, from time to time of 
 every house registered under this Act ; and the persons' or 
 person appointed to inspect shall be entitled to enter the 
 house at any time and to examine every part thereof and to 
 call for and examine the register which is required to be kent 
 by the person registering the house ; and to enquire into all 
 matters concerning the house and the inmates thereof • and 
 it shall be the duty of the person registered to give all rea- 
 sonable information to persons making the inspection and 
 to afford them every reasonable facility for viewing and 
 inspecting the premises, and seeing the inmates thereof 5fl 
 V. c. 36, s. 9. 
 
 10. Every person guilty of an ofience against this Act 
 shall, on conviction thereof, forfeit and pay a pf .,altv not i 
 exceeding $20 and costs, and in default of i)ayment thereof. 
 he shall be imprisoned in the common gaol of the county inj 
 wliich the offence was committed for a period of not less] 
 than six calendar months, and to be kept at hard labour in] 
 the discretion of the Poller Magistrate or other convictiii»l 
 Justices, and shall, in addition, be liable to have his naniej 
 and house struck off the register. 50 V. c. o(J, s, 10. 
 
 11. All expenses incuri-ed in and about the execiitiun ofl 
 this Act and the trial of oflender.s thereunder, shall be boinl 
 by the municipality in which the registered lioii.se is situ 
 ated. 50 V. c. 36, s. 11. 
 
 12. Every offence against this Act shall be tried sun 
 niarily before a Police Ma^istiiitf; oi' anv two Justices i 
 tlie Peace having jurisdiction in the municipality in wl 
 the offence takes place, and all the provisions and powersj 
 to summai'y trials containeil in 7^fie Act irs/n'cfiiii/ .inmm 
 Proceediuys before JuHfices of the Pedce, shall heap] 
 
nff nt unless a certificate 
 ical practitioner is pro- 
 fcered certifying that such 
 I personally iittended or 
 r the cause of its death, 
 tiftcate that there is no 
 the person so registered 
 he shall be guilty of an 
 36, s. 8. 
 
 municipal council to pvo- 
 ing, from time to time, of 
 Act ; and the persons ov 
 I be entitled to enter the 
 
 every part thereof, and to 
 vhich is required to be kept 
 5e ; and to enquire into all 
 
 the inmates thereof ; and 
 
 registered to give all rea- 
 aking the inspection, and 
 I facility for viewing and 
 nf^ the inmates thereof. 50 
 
 a offence against this Act. 
 feit and pay a pe .alty not 
 default of payment thereof. : 
 mmon gaol of the county in j 
 •d for a period of not less] 
 o be kept at hard labour, in] 
 aistrate or other convictingj 
 "be liable to have his nani« 
 ,.. 50 V. ^- '>G, s. 10. 
 
 and about tlie execution ofl 
 ersthereuiKh-r, shall l)el)ornj 
 the registered house is sitii 
 
 S. 13.] PROTECTION OP INPAXTS. 
 
 1081 
 
 to prosecutions and trials unfiAr *i • * 
 
 Aland other offlcers h,toreZ^^,^t T'^ '" "«' J-"'- 
 
 authorized to be brought in f l,^ ^^™e are herphv 
 
 •extent a,if.„r;Cif„;rr<i"'''""'''- '""' '° »« 
 
 l»mled m tins Act. SOV. c. 36 , , , ''°*™ »■«'•« incor- 
 14. The jirovisions of this Act I n 
 relatives or guardians of any inf.JTi ."°^ ®^*^"fl to the AppHcatioft 
 
 hforesaid, nor to benevolent a„d 1 fl^^ received as"''^""' 
 established for the protection or carl'*'^^". T^^tutions 
 receiving aid from the ProvincP n ? infants, and 
 
 Lieutenant-Governor to exercise ihJ ^"*^*°"zed by the 
 
 haarespecHnff Apprentices andutZT sTv'''^ ^^ 
 
 36, f-. Slut. c. 
 
 'Schedule. 
 {Section 6.) 
 Register of ImAi^rs. 
 
 ^^ ^' c. SQ;^^^ 
 
 ml ir 
 
 f 
 
 . ' ft i 
 
 k I 
 
 i H 
 
 ! ' 
 
 M 
 
 ■his Act shall be tried 
 
 bvate^ ov anv tNvo.bistices^ 
 
 in tlie municipality in ^vl•■ 
 
 ItheprovisioPsaudpoNvevs 
 
 n The .lc< mv"''''"'.'/'^"'!!'! 
 the Peace, shall ))e apphcalj 
 
 136 
 
 H 1 
 
1082 
 
 THE MUNICIPAL MANUAL. 
 
 [». 
 
 B. S. 0. cap. 210. 
 
 An Act to regulate the means of Egress from 
 Public Buildings. 
 
 Doors of 
 «hurcbes, 
 etc., to bB 
 huni; so aa 
 • to open 
 outwuriis. 
 
 Coiigrc'gH- 
 tioDS incor- 
 porated und 
 trustees 
 holding for 
 cODgrega- 
 tIor<8 under 
 Kev. Stilt, c. 
 237, ai.d r«P 
 torR,&c .hold 
 iug uiiiiur 3 
 V. c. 7 1, 
 liable for 
 neglvctitijj^ 
 the provi- 
 Riuus of this 
 Aot, 
 
 Individuals, 
 iroinpanics 
 and corpora- 
 tions liHl)le 
 to fine for 
 neglecting; 
 the provi- 
 fiions ul tlii:< 
 Act. 
 
 HER MAJESTY, by and with the advice and consent 
 the Legislative Assembly of the Province of OntaH 
 enacts as follows : — 
 
 1. lu all chiu'ches, theatres, halls, or other buildint's her 
 tofore or hereafter constructed or used for holdiriff^puKi 
 meetings, or for places of public resort {a) or amu.sement all tli 
 doors shall be so hinged that they may oj>en freely qui 
 wards, and all the gates of outer fences, if not so hinfroc 
 shall be kept open by proper fastenings durin" the tim 
 MUch buildings are publicly used, to facilitate the ef'iess o 
 j)eopIe, in case of alarm from fire or other cause (h) R q 
 O. 1877, c. 192, 8. 1. v/ ■«! 
 
 2. Congregations possessing corporate powers and 
 trustees holding churches or buildings used for clnuclid 
 under The Act respecting the property of Religious Ins 
 tions, and incumbentsand chiirchwardens holding chuichJ 
 or buildings used for churches under the Act of the Pari! 
 ment of the late Province of Upper Canada, passed in 
 3rd year of the reign of Her Majesty Queen Victori;i,clia 
 ter 74, intituled An Act to make provision Jor the mm 
 ment of the Temporalities of the United Church of Emk 
 and Ireland in this Province^ and for other jmrposes tlm 
 mentioned, and all other |)ersons holding churches or bu 
 ings used for churches, under any other Act, shiill he seven 
 liable, as trustees for such societies or congregations, to i 
 provisions of this Act. R. S. O. 1877, c. 192, s. 2. 
 
 3. Individuals, companies, and corporations, o\viiiii« 
 possessing public halls, churches, or otlier buildings iisei| 
 public meetings, who violate theprovisionsof this Act, i 
 be lialde to a fine not exceeding $50, recoverahle on 
 
 (a) See also the "Act for the prevention of accidents by l 
 hotels and other public buildings," 51 Vict. c. 34. 
 
 (i!») See sec. 479, sub-s. 16 of the Municipal Act. 
 
;ig corporate powers, 
 
 BORESSPBOM PUBLIC BUILDIKGS. 
 
 «.6.j 
 
 ination before any two of Ha tit • 
 
 Peace, or before the mayor or PoUn^^ff *^> J»««ces of the 
 
 or town ; one u^oiety of ^su^h fi^:'^^^^^^^ of any ehy 
 
 laying the information, and thenthl • P*"'^ *« the partv 
 
 plitywithin which the "ct^a^^^^^^^^^ 
 
 plained against shall be h-able to a 4.?^ P^*'^' «« ^om- 
 evejy week succeeding that in whfch th^' ^? -""^ ^^ ^°^' 
 llu r"^' changes are not -al ''ra'o'y^y^:^' 
 
 4. In cities, towns anrJ ;», 
 tl.e duty of the high bailTcE*!^ I"?"?^' ^^ «hall be »>""«. or 
 poke, to enforce the%rovisons of thi.Tt^^"' or chief ofo'ffl""^''*' 
 neglecting the performance of such rf,f '\^"^ ^"*^^ omcerl 
 ke not exceeding $50, recoverable 1 1,"" '^^^^^^^ *«« 
 Wore the Justices of the Pel J iT m the manner and 
 
 .entionedintheprecedi^g'^:^^^'^^^^ 
 
 lappoint an officer t^Jl^foJcLr."^'"''^^^^^^^ ^*J^ by by-law Officer to 
 |S. 0. 1877, c. 192, s. 5 P^'^visions of this Act R ff'- "his 
 
 iKTIn^^^ appr, to convents No. .oapp,, 
 
 ms. 6. See Bev. Stat. 184, s. 479 (16) * ^^^''' <^- '°''""°'« 
 
 1083 
 
 
1084 
 
 THE MUNICIPAL MANUAL. 
 
 [8.1. 
 
 R.S.O.cap.214. (a) 
 
 . Act to impose aTax on Dogs and for the 
 An Act to ^™^^^^^^^.^^ ^f Sheep. 
 
 Tax ON dogs: .aiiv, unless 
 
 law, 88 1-2. „ 
 
 by-law, ss. 7-»- 
 
 Protection ov sukot : 
 
 Dog worrying sheep may he 
 
 killed, 8. 9. 
 Plea to action for killing dog, 
 
 s. 10. , , , 
 
 Destruction of dog which has 
 
 worried sheep, ss. 11-13. 
 Liability of owner ot dog, ss. 
 
 14-16, 21. . 
 
 Payment by municipal council 
 for damage to sheep, sa. 17-20. 
 Fees and returns by maois. 
 
 TRATE9, S. 22. 
 
 11 <? 'm 
 
 I 
 
 , J ^rUb t,be advice and consent ot 
 
 ^ER MAJESTY by and ^^^^^^^^ 
 y\ the Legislative Assemo y 
 
 enacts as follows :- ^^^ ^^ ^^^^ 
 
 ;c4ons of the next section, tlieresk 
 Annuauax 1. Subject to the pto^^^^^^^^^^ 
 i« dog«. be levied annually "^^^^7 ^^ ^..^ual tax of $1 for eac 
 
 -"^^ dU f^ etl S' (^) B. S. 0. 1877, c. m, . 
 dog and IZ ^^^^^^^y ^^. ^^i^„ 
 
 U...S a.. 2-(l) I- n' ']:^i.abTto dispense with the levy of t 
 prnsBdwith ^^^„ties deems It advisame ^^^^.^ ^^ ^^^^^^^.^^ 
 
 ^^-^^'' Ta^ tax, it sball be ^^^^^^^ ^ be levied in any of , 
 
 municipalities wu .^ ^^ ^^^^ ^^^^^^^ ^^., 
 
 /2> Immediately upon j- i^^ ^^ transmit a copy of 
 the council shall cause its cle^^ municipality within 
 
 same to the assesjo^'^ ^^f ,/;!iw 
 Psdiction; and t^e «-^^^^^^ the council thereof by 
 ivery such ni^J^f P^f/, ' i^^e in force therein, whereupon 
 law declares this Act -,-----— -—-^ 
 
 by-law. 
 
 Tax may be 
 
 restored by 
 
 township 
 
 by-lttW. 
 
 
 __—-—— ^iTTn^ thev do not confer powf 
 
 -Z7^r:ZZ^n^^ are omitted as they ^^ ^^ ^^^ 
 
 structvon of bndg ^^ ^^^ ^^^^^i^ipal Act. 
 
 (6) See sub-8. 15 oi seo. 
 
 
rECTION OV SUKEV ; 
 
 og worrying sheep may be 
 lea^to'a^ction for killing dog, 
 
 Destruction of dog which has 
 
 yrorricd sheep, ss. \l-J.i 
 
 UahiUty of owner ot dog, as. 
 
 14-16, 21. . . , ., 
 
 Payment by mumcival couuc^ 
 
 for damage to8heep,88.n-2(), 
 
 TK.ATK8, S. II" 
 
 Uh the advice and consent oi 
 Y oi t\^e Province of Ontavio, 
 
 [ DOGS. 
 
 o£ the next section, there skll 
 ;.ir>iiitv in Ontario, uponty 
 
 ,^^TsOl87T,c.m,UJ 
 
 il o« any county or uuloi. 
 ;,dLense^iththelevyoftJ 
 
 ;rsuch counci to deckve bj 
 ai not be levied m any oitd 
 
 sdiction. 
 
 ..inf^ of such county by-lal 
 ^Tk o'tt-itacovyohJ 
 
 t^evy tnuniciplity -t- i 
 hv law shall have effec wuk 
 
 M the council thereof by \ 
 
 t fovce therein, -J:^ 
 
 ""TrrTo not confer ro'^*™] 
 
 °«"^^^^'- Rev State. 212, 8. 4, 
 ways. Hev. 
 oftheMutiicipalAct. 
 
 . 6.] "^^^ ^^ ^0®^' 1085 
 
 county by-law shall not apply to or have any effect within 
 such municipality. R. S. O. 1877, c. 194, s. 2. 
 
 3. The assessors of every municipality within which this '^"ty <>' 
 \ct has not been dispensed with, as provided in the preced- hwein!"' 
 L( section, shall, at the time of making their annual assess- 
 ment, enter on the assessment roll, in a column prepared 
 
 for the purpose, opposite the name of every person assessed, 
 and also opposite the name of every resident inhabitant not 
 otherwise assessed, being the owner or keeper of any dog or 
 (loirs tlie number by him or her owned or kept. R. S. O. 
 ISJT, c. 194, s, 3. See Rev. Stat. 191, s. 14 (3), & Sched. B. 
 
 4. The owner or keeper of any dog shall, when required ''"'^y ^^ 
 1)V the assessors, deliver to them, in writing, the number of dogs!" ° 
 d'offs owned or kept, whether one or more ; and for every 
 
 ne°lect or refusal to do so, and for every false statement 
 ma'tle in respect thereof, shall incur a penalty of $5 to be Penalty. 
 recovered with costs before any Justice of the Peace for 
 [the municipality. R. S. O. 1877, c. 194, s. 4. 
 
 5. The collector's roll of the mii ipality shall contain Tax entered 
 I the name of every person entered on the assessment roll as °° °°"ector's 
 
 the owner or keeper of any dog with the tax hereby 
 nposed, in a separate column ; and the collector shall pro- 
 Iceed to collect the same, and at the same time and with the 
 Ijike authority, and make returns to the treasurer of the 
 Imiinicipality, in the same manner, and subject to the same 
 labilities in all respects for paying over the same to the 
 treasurer, as in the case of other taxes levied in the munici- 
 ality. R. S. 0. 1877, c. 194, s. 5. 
 
 6, lu cases where parties have been assessed for dogs, Proceedings 
 nd the collector has failed to collect the taxes authorized ii^cU)r has' 
 Ly this Act, he shall report the same under oath to any **j',ggj'^ 
 lustice of the Peace, and such Justice shall, by an order from parties 
 |ider his hand and sea!, to be served by any duly qualified *^*«**«<^- 
 Dstable, require such dogs to be destroyed by the owners 
 leveof ; (c) and if such owners neglect or refuse to obey the Penalty, 
 id order, they shall be liable to the penalty, to be recov- 
 1 in the same way and manner as provided in section 15 
 [this Act ; and in case any collector neglects to make the Penalty. 
 iresaid report within the time required for paying over 
 taxes levied in the municipality, he shall be liable to a 
 
 .«^ 
 
 Sec sub-s9. 15 and 16 of sec. 489 of the Municipal Act. 
 
 r 
 
 m 
 
 V\ 
 
 ' i'. 
 
1086 
 
 THE MUNICIPAL MANUAL. 
 
 [M 
 
 B m 
 
 IHr 
 
 
 Htli^ 1 
 
 
 B' 
 
 
 Hr ' ' 
 
 m 
 
 W\ '' 
 
 ^Ek^ 
 
 II 
 
 
 
 Lji 
 
 
 n 
 
 bB'( 
 
 i; Am 
 
 
 penalty of $10 aad costs, to be recovered in 
 
 manner as provided in section 15 of this Act R <a n 
 1877, c. 194, s. 6. • • ». U 
 
 T« to form 7. The money collected and paid to the clerk or treasure 
 damages, etc. of any municipality under the preceding sections si 1 
 constitute a fund for satisfying such damages as arise in '^ 
 year from dogs killing or injuring sheep or lambs in suci 
 municipality ; (d) and the residue, if any, shall form part of tl 
 assets of the municipality for the general purposes theip f 
 but when it becomes necessary in any year for the purno* 
 paying charges on the same, the fund shall be suppleinentp° 
 to the extent of the amount which has been applied to tl "^ 
 genei-al purposes of the municipality. R. S. 0. 1877, c.l94 g 7 
 
 S?I'in"''°' 8-— (1) In case the council of any county or union oi 
 which coun. counties deems it advisable that the tax by this Act establisli A 
 toS'but'"'^^^*^"^'* be maintained, but that the application of tlie pi^o- 
 does not ceeds thereof by this Act provided should be dispensed with 
 proceeds it shall be lawful for such council by by-law to declare that 
 thereof. gugh application shall be dispensed with ; and thereafter du 
 ing the continuance of such by-law, the sections of this Kcil 
 numbered 6, 7, and 15 to 21 inclusive shall have no force or 
 effect in any of the municipalities within the jurisdiction nfi 
 .such council ; and the moneys collected and paid to the clerk 
 or treasurer of any such municipality, under the remainini 
 sections of this Act shall be the property of such muriicipalit* 
 and shall be subject to its disposition in like manner as otie 
 local taxes. K S. 0. 1877, c. 194, s. 8. 
 
 (2) Immediately upon the passing of such county by-jaj 
 the council shall cause its clerk to transmit a copy of ta 
 same to the clerk of every municipality within its jurisdiction 
 and the county by-law shall have ettect within every siid 
 municipality, unless the council thereof by by-law declari 
 this Act to be in force therein, whereupon the said coiid 
 by-law shall not apply to or have any effect within such mua 
 cipality. 47 V. c. 40, s. 1. 
 
 PROTECTION OF SHEEP. 
 
 9. Any person may kill any dog which he sees puisuin 
 worrying or wounding any sheep or lamb. R. S. 0, 18?j 
 c. 194, s. 10. 
 
 (d) See sec. 18. 
 
 Township 
 may pass 
 by-law to 
 apply 
 proceeds of 
 taxes in 
 payment for 
 heep. 
 
 Dogs seen 
 worrying 
 sheep may 
 be killed. 
 
 
15(1).] 
 
 PROTECTION OP SHEEP. 
 
 1087 
 
 in The defendant in any action of damages for killins; a '''",* '"^ 
 
 Iv- , . . * • ii !• . " notion for 
 
 to under the circumstances in the preceding section men- kiiiinjfuciog . 
 tioned, may plead not guilty by statute and give this Act and 
 ,l)e special matter in evidence. R. S. O. 1877, c. 194, s. 11. 
 
 UOn complaint made in writing on oath before a Jus- ''""•^"k 
 (ice of the Peace lor any City, town or county, or union of aidiotna t- 
 comities, that any person residing in such city, town or l^";"/;';* 
 founty or union of counties, owns or has in his possession a snmtn(.o«i» 
 iflc which has within six months previous worried and injured liTisUw-ofthe 
 o/jestroyed any sheep, the Justice of the Peace may issue '''"«'«• 
 his summons, directed to such person stating shortly the 
 matter ot the complaint, and requiring such person to appear 
 before him, at a certain time and place therein stated, to 
 answer to such complaint, and to be further dealt with 
 according to law. R. S. O. 1877, c. 194, s. 12. ' 
 
 12. The proceedings on the complaint and summons shall |'iopoediiit,'M, 
 te regulated by The Act respecting Summary Convictio7is \»u-ii 
 Iffore Justices of the Peace and Appeals to General Sessions, l'^"^' ^'**- "• 
 shall apply to Cdses under this Act. R. S. O. 1877, 
 
 m 
 
 c,194, s. 13. 
 
 13, In c..8e any person is convicted, on the oath of a credible 'I" "°y.\'\ 
 Iwitness of owning or having in his possession a dog which has f ,ct, <iog to 
 Lonieci and injured or destroyed any sheep, the Justice ot{;;:''J^;;';;'!;^ 
 Ihe Peace may make an order for the killing of .such dog lyd owner 
 Lescribinf the same according to the tenor of the descrijjtion 
 liven in the complaint and in the evidence) within three days 
 Ll iiulefault thereof may in his discretion impose a fine 
 Lon such person, not exceeding $20 with costs ; and all 
 mlties imposed under this section shall be applied to tlio 
 iseof the municipality in which the defendant resides. R. 
 ,0. 1877, c. 194, s. 14. 
 
 1 14, No conviction under this Act sh.all be a bar to any ^'onviotioii 
 fction by the owner or possessor, as aforesaid, of any sheep '',?ti!','',''fo*J. 
 Irthe recovery of damages for the injury done to such sheep. Uiunagcs. 
 I respect of which such conviction is had. R. S. 0. 1877, 
 
 im,s, 15. 
 
 15._(1) The owner of [any sheep or lamb killed or injurci] [jj^^?,"* **^j 
 any dog shall be entitled to recover the damage occasioncid owner or 
 preby from the owner or keeper of such dog, by an action ^l^^^ °^ 
 [ damages or by summary proceedings before a Justice of 
 s Peace, on information or complaint before such Justice 
 
 Hi 
 
 I-. ; 
 
 Mji) 
 
 ; '-■■( 
 
 V..' 
 
 I: 
 
 
UM 
 
 m 
 
 
 
 1088 
 
 lUr. Stat, c, 
 74. 
 
 THE MUNICIPAL MANUAL. 
 
 ["• 15 (1). 
 
 iiio, KUcIl 
 
 plaint, and proceed tbereon in tlio numiior piovi 1 
 
 who is hereby authorized to hear and detorniino kh .1 
 - - - ... - Kuoii coni- 
 
 Apportlon* 
 
 mentof 
 
 'Jamago. 
 
 'lid nut 
 
 whether the owner or keeper of such dog knew or 1 i 
 
 know that it was vicious or accuHtonied to worry slio. 
 S. O. 1877, c. 194, s. 16. ^ I' 
 
 (2) If it shall appear before the Court or Judge at th 
 trial of any such action for damages or before sucl i 
 
 tice at the hearing of the said information or 
 
 t^oinpliiint 
 
 pf 
 
 before him, that the damage or some part of the dn, 
 sustained by sucli aggrieved i)arty was the joint act of slT 
 other dog or dogs, and of the dog or dogs owned or ke ^ 
 by the person cliarged in such infoi-mation or coinplaint 
 the Court, Judge or Justice shall have power to docidc i 
 apportion the damages sustained by the coniplaiiuint ai 
 and against tlie respective owners or keepers of the sii'id d r' 
 as far as such owners or keepers are known, in mch aU^^' 
 and proportions as such Court, Judge, or Justice hIuiH tli' t 
 tit, and to award the same by the judgment of the said Con i; 
 or Judge, or in t!ie conviction of such Justice, on helialf of 
 sucli aggrieved person. 
 
 (3) When in the opinion of the Court, Judge, or Justice I 
 the (lamages were occasioned by d* gs the owner or owners o/l 
 which are known, and dogs th(! owner or owners of wln'clil 
 are unknown, or the owner or owners of which have nol 
 been summoned to appear before the Court, Judge, or Justica 
 the Court, Judge, or Justice may decide and adjud're as 
 the proportion of the damages which, having rcard to tli 
 evidence adduced as to the strength, ferocity and chaiact 
 of the various dogs sh(!wn to have been engaged in coininii 
 ting sucli damage, was probably done by the dogs tlie owiia 
 or owners of which have been sunnnoned to appear befoJ 
 the Court, Judge, or Justice, and shall determine in respa 
 thereof and apportion the damage which the Court, Juda 
 or Justice decides to have been probably done hy the doi 
 whose owners have been summoned, amongst the varioi 
 owners who have been summoned as aforesaid. 
 
 (4) The same proceedings shall be thereupon iiad a^aia 
 any person found by the Judge or J ustice to he the own 
 or keejjer of the dog or dogs which by such Court, Judge] 
 
 
UAL. 
 
 [«. 15 0). 
 
 I ileternunp. sucli cou\ 
 
 tioiis he/ore Jmticei of 
 ssionii, in rcHwct to pro- 
 
 action or pvocewluigs, 
 \\ dog knew or ilUl not 
 med to worry sheep. K, 
 
 Court ov Jvidgc ut the 
 ages or beforo sueli Jus- 
 iuformatiou or co\u\)\iunt 
 some \)art o? the dauuvije 
 r was tiie joint act of some 
 ,« or dogs owned or kept' 
 iufovniation or c()in\.laiut, 
 
 liave \)Ower to aecide and 
 by the conipliunaut, amons; 
 sovkeonersofthesividdonsj 
 
 ^ are known, in such sWes 
 [ud<'e, or Justice shall think I 
 ,e^Sdgn.ont of the said Court 
 
 i such Justice, on Vmlialf ot| 
 
 the Court, Judge, or Justicft 
 
 d."s the owner or owners d 
 
 L owner or oNvners of wM 
 
 L: owners of which have m^ 
 
 e the Court, Judge or Justic 
 
 Lay decide and adjudge as J 
 whicli, havir.g regard to ttt 
 
 •ensth, ierocityaadclwvact* 
 
 iXve been engaged m comrad 
 y done by the dogs the ownJ 
 
 'fsunnnoned to appear hefoj 
 
 A Hliall determuie ui respe^ 
 irlewLutheCouvtJud. 
 UVobablytlonehythedj 
 
 bnoned, anionf the vanoJ 
 ',ned as aforesaid. 
 
 kb-vU be thereupon luuj agau 
 &;e or Justice to he the od 
 
 &. by Buch Court, Judge] 
 
 Justice 
 
 PROTKCTION OF 8IIEKP. 
 
 1089 
 
 shall have been found to have contributed to tho 
 
 liiiiii"'' su«*^""'^^^ "^y *''^® person aggrieved, as if tlio intbrma- 
 
 on or complaint hud been laid in tho tirut instance against 
 
 such i'creon. 
 
 ifl) Tlio Court, Judge, or Justice shall not deci<le and 
 
 loition the damage against any person other than the 
 
 ^rson in the information or complaint first charged, nor 
 
 ■111 tho same in tho judgujent or conviction without such 
 
 ,, person having been sununoned to appear before the 
 
 Court Judge, or Justice, and having had an opportunity of 
 
 jhig witnesses. 
 
 (61 Appeals against any conviction, apportionment, or 
 
 I er made under this section, shall bo made to the Division 
 
 f urt holdon in the division in which the cause of action 
 
 or in which tho party complained against, or one of 
 
 A in' resided at the time of making the complaint ; and the 
 
 ' li„,»s shall be the same as nearly as may be, as on 
 
 Mills under The Act respectiny Master and Servant. 48}*3q'' ^'**- «• 
 
 V,c. 46, s. 1. 
 
 ifi The owner or keeper of any dog or dogs, to whom ^°ff known 
 lioticeis given of any injury done by his dog or dogs to any 8h.^op"o bn 
 ileep or lamb, oi- of his dog or dogs having chased or worried ol'-'nur!'^ 
 mv sheep or lamb, shall, within forty-eight hours after such 
 lotice, cause such dog or dogs to be killed ; and for every Pe"«'ty- 
 lect so to do ho shall forfeit a sum of $2.50 for each sucli 
 ami a further sum of $1.25 for each such dog for every 
 jtyei<'ht hours thereafter, until tho same is killed, if it is 
 toved to the satisfaction of the Justice of the Peace before '■°"'°* 
 ilioui proceedings are taken for the recovery of such penal- 
 s tliat such dog or dogs has or have worried or otherwise 
 iired such sheep or lamb; but no such penalties shall be^''"''"' 
 'orced iu case it appears to the satisfaction of the Justice 
 the Peace that it was not in the power of the owner or 
 per to kill such dog or dogs. 11. S. O. 1877, c. 194, s. 17. 
 
 |l7, Incase the owner of any .sheep or lamb so killed or P*"""'"'?"/"' 
 W proceeds against the ownei- or kee[»er of the dog that thore is a 
 imitted the injury, before a Justice of the Peace, as pvo- bu7.iiHt?Ms 
 idby this Act, and i« unable on the conviction of the insuffldeni. 
 xler, to levy the amount oixlered to be paid, for want of 
 icient distress to levy the same, then the council of the 
 icipiility in which the offender resided at the time of the 
 y shall order their treasurer to pay to the aggrieved 
 
 137 
 
 'i' 
 
 
 1 
 
 y 1. , 
 
 1 
 
 : '1' 
 
 1 
 
 ■ • \ W: 
 
 
 
1090 
 
 THK MUNICIPAL MANUAL. 
 
 li 
 
 [». 17. 
 
 party tho ninfuint ordorod to bo paid l>y tho .histico 
 tho conviction, saving and <(xcn|)tiiij{ tho costs of th 
 ceedings hoforo tho Justice nnd before the council U J^a 
 1877, c. 194,8. 18. ■ ^•"•O- 
 
 I'rovlHloii for 
 
 c*"!-* in 
 
 wlilch owiiar ftny 
 
 18. The owiinr of any slieop or lamb killml or injm.i i 
 »y doj?, the owner or keeper of which is not knowi ' '^ 
 known'."" within throe months nj.ply to the council „f tl,o inuiiici.'S 
 in which Kuch sheep oi- lainl» was ho killed or iniuicl f 
 compensation for the injury; utui if the council (iinV nip' 1*"^ 
 of which shall be competent to achnini.ster an oatli or T 
 in oxaininini^ parties in tho premises) is satisHod tli- 1 n'* 
 aggrieved party has made diligimt search and irKiuirv T 
 ascertain the owner or keeper of such docf, and timt 1 
 owner or keeper cannot be found, thoy shall award t) th 
 
 aggrieved party for componsution a sum not exceedio.f t\-' 
 tliirds of tho amount of tin; damage sustained hy |ii|n"'. , i 
 the treasurer of the nninicipality shall pay over to liiin tl 
 amount so awarded, (e) H. 8. O, 1877, c. 104, h. l!) '* 
 
 pllZtZ' 19. After th(^ owner of such sheep or lamb lias received 
 pai.iby from the municii>ality any moiKiy under (utlicr of the dip. 
 iTy"'iui'ni'toC«Hliiig sections, his (daim shall Uioncuifoith Ldong to tb 
 bi'innirto municipalitv ; and they may onfonjo tho .sainc iii'iinaf tuf 
 
 them. a- V ' . r .1 • 1 f. 1 'n'Hiisi ui«| 
 
 orlending party tor their own benotit, by any means or formj 
 of proceeding that tho aggri<ived pai-ty was (Mititif>l to titkel 
 for that purpose, but in case the muni(;i|)ulity recovers froml 
 the offender iikm-o than they had paid to the a""rieve 
 party, besides their costs, they shall pay over thoe.Kesst 
 the aggrieved party for his own use. K. S. (). 1877 c lU 
 a. 21. 
 
 Pr(>Tl>«o. 
 
 (.':i-ios wtiore 
 owner of 
 hIiuo]), I'll'., 
 has n» com- 
 penvalion. 
 
 Linbility of 
 (Injf owniT to 
 sheep owner 
 where tnx 
 not impoHed. 
 
 20. The owner of any sheep or lamb killed or injur 
 while lunuing at large upon any highway or unenclosod lnnj 
 shall have no claim imdor this Act to obtain coinpensada 
 from any municipality. 11. S. O. 1877, c. 104, s. 21. 
 
 21. If the council of any county or union of countif 
 by by-law, decides to dispense with the levy of the afoi 
 said tax in tho municipalities within its jurisdiction, 
 owner of auy sheep or lamb may, notwithstanding, sue 
 
 {p) These provisions are not contiiicd to county iiiiiniLipiilitiesi 
 to municipalities within their juri.sdiction, but ajjply iilsu to toj 
 which liave withdrawn from tlic jurisdiction of thu comity. 
 Hams V. Port Hope, 27 U. (5. C. P. H-iS. Sec also .soc, 7. 
 
 P^«? 
 
IUA.L 
 
 [». 17. 
 
 ,\ hy i\\Q OuRticn untkr 
 ir thti *'*)RtR of thn ^iro- 
 re tilt" council. U. 8. 0. 
 
 vmb kill*'! or injuvcHl by 
 '\\W\\ is >»"t knowii, may 
 luncil of tl>« )imnii;\|mUly 
 BO killoil or iujurtMl, for 
 
 tl»« council (any monOipr 
 lininistnr iin oath or oavlis 
 jisen) is H'.itistied tlmt thiv 
 lit seiivch anil ini^uivy to 
 
 HUcli (lo;4, and tlmt such 
 I tlioy sl»all award to the 
 'a Hvun not exceediiif; two- 
 \»o sustained hy liim ; :m(l 
 /slnill pay over to liim the 
 X 1877, c, 101,H.VJ. 
 
 shcop or lanil) lias received 
 I'.y xuider cither of the vve-l 
 ' thouccforth belong to tl*j 
 nf(n-co tho sanvc ai^aiuat llnj 
 ,..lit, Iwany n»eansorforn 
 
 party was entitled to tiik^ 
 u'iuniidi.alit.y recovers froa 
 , WmX paid to the i\^i^iv\^^'^ 
 .h-ill pay over the excess I 
 
 ,,, or laml) killod or injun 
 ihi-lnvayovunenclosoab 
 
 Act to obtain coinponsatic! 
 
 0.1S77,c.VJl,s.2l. 
 
 ♦■,r nr union of couutii 
 
 I, ^vitllin its jurisdiction, 
 fay, notwithstanding, sur 
 
 L'"!^ county uiunicip^ilitieM 
 
 I iurwdictiou <>i 
 
 I.'' 5^8 Sec also sec. .. 
 
 POUNDS. 
 
 lO'.M 
 
 •nl 
 
 «ncr or keeper of any dog or dogs for the damage or Injury 
 lone by the said dog or dogn to tho Haid sheep or lamb ; nnd 
 Lsaino 8l>"ll ^^ recovered in the manner provided by hco- 
 II 15 of this Act. R. 8. O. 1877, c. 1 94, b. 22. 
 
 W Every Justice of the Peace shall bo entitled to charge •'««» 
 
 I, fees in cases of prosecutions or orders under this ActjuHUoim 
 
 « it is lawful for him to charge in other casoH within his 
 
 urisdiction, and ho shall make tho returns usual in cases of 
 
 fonviotion, and also a return In each case to tho clerk of tlu* 
 
 jj,ipality, whoso duty it hhall bo to enter the sunjo in a 
 
 jk to be kept for that purpose. K. 8. O. 1877, c. 194, s. 
 
 23. 
 
 R. S. 0. cap. 215. 
 An Act respecting Pounds. 
 
 liCTTO HF IN FORCK UNTIf, SUPER- 
 SEDED BV nV-I-AW, 8. 1. 
 UBIUTYOK OWN l-.K OH OCCUPANT, 
 
 2. 
 
 llSBuis WlllCn MAY BE IMPOUND- 
 
 , ED, 8. 3. 
 
 Where to bo confined if pound 
 insecure, 8. 4. 
 I Release on security being fur- 
 nisluul, s. 5. 
 
 lilEMlNTOK DEMAND TO BE FUR- 
 MSilKDTO roi'N n- KEEPER, 8.5. 
 
 im DISTBAINOK MAV OBTAIN 
 iSIMAL, 8. 6. 
 
 ISotice by distrainor in duch 
 CUM, 88. 7-10. 
 
 Notice ok sale, ss. 11-13. 
 
 Keeper to eeeo impounded ani- 
 mals, 8. 14. 
 Recovery of expenses, ss. 15-lS. 
 
 Sale of animal not redeemko 
 or replevied, s. 18. 
 
 Proceedinoh when damaoej dis- 
 puted, 88. 19-21. 
 
 Penalties; 
 
 Neglect to feed impounded ani- 
 mals, 8. 22. 
 
 Neglect of duty by fence view- 
 era, B. 23. 
 
 Recovery, s. 24. 
 
 Application, 8. 25. 
 
 U 1 ! ,H 
 
 f-n 
 
 [ER MAJESTY", by and with the advice and con.sent of 
 the Legislative Assemll;- of the Province of Ontario, 
 lets as follows : — 
 
 Until varied or other provisions are made by by-laws ^'^^ '"*y t>" 
 1 under the authority of section 490 of The Municipal by by-invia 
 
 1, 
 
 *; 
 
 
 1 ' 
 
 ■'■•■f I 
 
 
 ; i- 
 
1092 
 
 I' 
 
 lil 
 
 m. 
 
 THE MUNICIPAL MANUAL. 
 
 sut'cl'iH ^^{y *^i« Act shall be in force in every township, city tou 
 
 - '"»" and iDCorporated village m Ontario, (a) R S O iotT 
 
 195, s. 1. V / • -v. 1877, 
 
 8.490, 
 
 da^a'l''^ *<"■ 2. The owner or occupant of any land shall be r — -i 
 done. for any damage or damages caused by any animnl m"^^ -^ 
 
 under his charge and keeping, as though such animal 
 animals were his own property, and the owner of any a " 
 not permitted to run at large by the by-laws of the ^^ 
 cipality, shall be liable for any damage done by such an""^' 
 although the fence enclosing the premises was not of i 
 height required by such by-laws. R, S. Q. 1877 c IQ 
 
 s. 2. 
 
 What ani- 
 malfi to be 
 impouDded. 
 
 Poultry. 
 
 3. If wot previously replevied, the pounrl-keeper sh- 
 impound any Inrse, bull, ox, cow, sheep, goai, pig, or oth! 
 cattle, geese or o'her poultry, distrained for unlawfully r 
 ning at large, or for trespassing and doing damage, delive!J 
 to him for that purjjose by any person resident within hi 
 division who has distrained the same ; or if the ownei- 
 geese or other poultry refuses or neglects to prevent tlk 
 same from trespassing on his neighbours' premises after j 
 notice in writing has been served upon him of their trespaai 
 then the owner of such poultry may be brought before an 
 Justice of the Peace and lined such sum as the Justice din 
 R. S. O. 1877, c. 195, s. 3. 
 
 ec 
 
 cwSon" 4. When the common pound of the municipality or pja 
 pound 18 not wherein a distress has been made is not secure tlip imnna 
 keeper may conhne the animal .in any enclosed place with 
 the limits of the pound-keeper's division within whicli 
 distress was made. R. S. O. 1877, c. 195, s. 4. 
 
 ofSnd 5. The owner of any animal impounded shall at any tii 
 toboniatie be entitled to his animal, on demand made therefor witlij 
 keelfer'by payment of any poundage fees, on giving satisfactory seem 
 Impounder, to the pound-keeper for all costs, damages, and poundage! 
 that may be established against him, but the person diatrt 
 ing and impounding the aminal shall, at the time of] 
 impounding, deposit poundage fees, if such are deinandf 
 and within twenty-four hours thereafter deliver to the poa 
 keeper duplicate statements in writing of his demands aga 
 the owner for damages (if any), not exceeding ,$20, doua 
 
 (a) See note ,/ to sec. 490 of the Miitiicipal Act. 
 
 '^' MI^U, iPpi 
 
he Municipal Act. 
 
 s. 10.J 
 
 POUNDS. 
 
 sach animal, exclusive of sucli r> ^ n 
 Li„ his written agreement (v,mT,,tfJ%''- "'"'■ ''''»" "l"" 
 
 jaine effect; "'&' or in words to tLe 
 
 1093 
 
 "I {or we, as the case maybe) ,Jf^l^ u 
 pjytothe owner of the (dp<,J,-f::? "fF^'^y agree that I (or w«\ •„ c 
 J impounded, all costs to whSThf'' -T'"'"^^ V n'e (3 J ^"5,™"' . 
 Jdi.r.ss by me the said XXtveTfor"??' ^^ »>e Putl^ete'^Kra- 
 Jj fjr^da.a,;es now p„t in hy^ Jf t^ t' W' JT. ti^, ^ ' 
 
 I^-S-0. 1877, c. 195 s 5 
 6, In case the animal distrained ' i, ' • • 
 
 ^eep, goat, pig or other cattle, and IAk!"'''' ^"."' °^'' «°^'> ^J^^" ani- 
 lyaresKlent of the n^unicipalit/foV ^tr^vTr' '"f ^ 
 premises, snch person, instead of delK .y}"S within his distrainor^ 
 foiind-keeper, may reta: tiie animal "'^^^-^ ^miurI to h 
 
 provided he makes no ciaim for d-^m^n i^ °'T'* possession, 
 .d duly gives the notice hereTnS fn'..''"" by the animal 
 h. R S. 0. 1877, c. 195, s. 6 ^'^ '^'^ ^^^^^'^d of 
 
 7. If the owner is known to hii h 
 
 ithe owner notice in writin<r of h. • I forthwith give Notice to 
 
 d R. S. O. 1877 . -in^ * Z^ having taken unfhol,; ."'^nerit 
 
 Itothe owner notice in writin<r of"ik' • ^^'^^^ ^oi'thwith give Notice ( 
 L, R. S. 0. 1877, c. 195, S. 7 ^^''"^^ *^^«^ "P t^e ani- .^^oTn! 
 
 I S; (f tlie owner is unknown to tJ.P ^ 
 
 Warning possession of the animal Jir*"^^" *'''^^"S "P and ''fpkuo^v, 
 
 keight hours, deliver to the ctrk of T'"" ''^'^"' '"^^^^ ^'"^.-f"... 
 
 ktice in writing of having taken n^ .1 ".'"nicipality, a "'^'P'-v'it.v. 
 
 K a description of the colonr^ ''"'"''''' ^"^ con- 
 
 Irtiliciai mnrks of tJ«e animal o ' ^^^' '^"^ natui-al anrl 
 
 M c. 195, s. 8. ^'''^' ^' "«^»' a« niay be. R g o ' 
 
 [9. The clerk, on receivincr .uoh ^' 
 
 [iter a copy thereof in a book tn K ? ^''®' ^''^" forthwith ^'^^fo'-^rk 
 
 Uandshali post the notice L teif '^ ^"™ ^^ *''«' 
 
 l«e conspicuous place, on or near ?.?.?' ""' "°P>^ *'^^^eof , 
 
 IJoontinuethe «ame so posted Cttt t'^'"' °^ ^'' ^ffi^e. 
 
 fet -oner claimed b, tli^o J^ ^^0'. "^^ 
 
 110. If the animal or anv nnmi 
 
 Inorshall cuse a coDv of ik^ \- *"• w more, tliediv •'"»•'• arc 
 
 tyn„theco„nt^«„t;rrhr?!^"''''^''«<'">^a^ 
 
 ^ft».na„ewspa,«;,,„M,"Ld Si" ':.■'!'"•'■'''"• "«' 'f 
 
 ■"■ •"Ijom.rij county, 
 
 >i 
 
 ^'i 
 
 fe i 
 
 .iti;i f# 
 
 !' I'l I 
 
 1 
 
 il 
 
 r 
 
1094 
 
 :;Mfc:.,iL<^V 
 
 '"-'^ 
 
 <« 
 
 Notice of 
 "•ale 
 
 V^hen sale 
 miky be 
 made. 
 
 THE MUNICIPAL MANUAL. r 
 
 sind to be continued therein once a week for three sun 
 weeks. B. S. O. 1877, c. 195, s. 10. ^^ 
 
 11. In case an animal is impounded, notices for th 
 thereof shall be given by the pound keeper or person 
 impounded the animal within forty-eight hours afterw 
 l)ut no pig or poultry shall be sold till after four clear d 
 nor any horse or other cattle till after eight clear davsf 
 the time of impounding the same. R. S. 1877 o i 
 s. 11. ' ' '^ 
 
 If animal in 
 not ini- 
 
 Notice of 
 aale unless 
 redeemed. 
 
 12. In case the animal is not impounded, but is retai 
 poiinde4,but [n the possessiou of the party distraining the same if 
 
 animal is a pig, goat, or sheep, the notices for the sale the 
 shall not be given for one month, and if the animal is a h 
 or other cattle, the notices shall not be given for two men 
 after the animal is taken up. R. S. O. 1877, c. 195 g i 
 
 13. The notices of sale may be written or printed, and si 
 be affixed, and continued for three clear successive davs 
 three public places in the mui icipality, and shall specifv'i 
 time and place at which the animal will be publicly sold 
 not sooner replevied or redeemed by the owner or some o 
 ou his behalf, paying the penalty imposed by law (if any) 
 amount of the injury (if any) claimed or decided to have bi 
 committed by the animal to the property of the person 
 distrained it, together with the lawful fees and charges of 
 pound-keeper, and also of the fence-viewers (if any) • and 
 expenses of the animal's keeping. R. S. 0. 1877, c. 195 3, 
 
 14. Every pound-keeper, and every person who impoiil 
 or confines, or causes to be impounded or confined any 1 
 nial in any common pound or in any open or close pound 
 iu any enclosed place, shall daily furnish the animal witht 
 and sufficient food, water and shelter, during the whole I 
 tliat such animal continues impounded or confined. E 
 1877, c. 195, s. 14. 
 
 15. Every such person who furnishes the animal with j 
 water and shelter, may recover the value thereof fron 
 owner of the animal, and also a reasonable allowance fij 
 lime, trouble and attendance in the piemises. E. 
 1877, c. 195, s. 15. 
 
 ni'am'ier 16- ^he value or allowance as aforesaid mr.y be 
 
 such vuiue ered, with costs, by summary proceeding before anyjd 
 
 Keeper to 
 fe<!(l im- 
 pounded 
 -cattle. 
 
 And may 
 recover the 
 value 
 
 «.i^ cm 
 
L MANUAL. 
 
 ,ance as aforesaid mr.y be 
 aary proceeding before any. X 
 
 ,19.J 
 
 BOUNDS. 
 
 I' 'I 
 
 1095 
 
 of the Peace within whose ii„.;c,^- X- 
 
 funded, in like manner aVfinl''*'^'', *^« ^"in^al was i^ », k 
 
 recovered and enforced bv a Jin ^"?^<=^Pa^ity may by lulu 
 
 tie Justice «ha]l aace'taiL VAf "'*^^« °^ *»^e Pe™.« 
 
 I. ch value and allowance Ven^otn^""" *^" ^™ount of 
 
 , adhenng, so far as mlioaU^^TLTZir /"^' ^^ ^^^ 
 
 I ers'fees and charges established bvfl, k T ""^ P^und-keen 
 
 cipahty. K. S. O. 1877, c. 195, s^ iq^ ^^'^^^^ ^^ ^^^e n.ul 
 
 17. The pound-keeper or n«.. 
 
 ..instead of such snu^lZylZeTd^.''^ '^ Proceed, o...r ..a. 
 remuneration to which he is entifJ.^i • ^^'' ^^^^orce the •*' ^"^"'•«'°g- 
 mentioned. R. 8. o. 1887, % 195' ,"\^^-"«er ^hereinafter 
 
 18. Tn case it is proved hv o«? 1 • 
 
 Justices aforesaid, to hi^ ^.f- /™. ^^^^ before one of thc.<^ , , 
 notices had been dulyafed^t^^^ ^" ^^^ llper-r^'-. 
 
 dfoHhe respective tinfel X Jp st^ ? *^- m^erarft^ 
 [owner or some one for him dop.n . P'^^^f.'^^ed, then if the"'^""'- 
 ied in the notices, or before tTe7, -*^- ^^^ ^^-^ «Pec^ 
 orredeem tJie .same in manner aforesa L f^ ^''"''^^' ^^P^^vj • 
 Fbmipounded the animal or if flf ' '^ Pound-keeper 
 Lul did not deliver such aiimawJ"'''" ^^^ *««^- «P ^he 
 ted the same in his oCXs^^sZ' ^.r"'''^^?^'-' ^^^ 
 bper of the municipality may nuhT ' 1 '^'' ^"^ PO"nd- 
 e highest bidder, at'^the timfa "j I^^ ''" *^'" ^""^^l to 
 oresaid notice.s, and after deduliJl I "^^^tioned in the 
 K- (if any) and fees and c t ^s^ tir"'^ ^"^ '^- 
 k in discharge of the v.lue of thel J'^P'^ *^« P^o- 
 
 Ksoftime, trouble and attenJ..,r """"^ "ouHshment 
 
 ^Me expenses of driWn„ ^con '"^""^ "^ «^-««4 
 "orconiming the animal, and of tb?^";^ ^''^ impound- 
 ;Hme or incidental thereto Ldjfv^ '?^ attending 
 Pllv cla.n.nble (not exceeding '/oqx f *^ ^''^"^«g« whef 
 fresaid, done by the animal t"o L / ^ ««ce,tained as 
 w ose suit the same was st'a ^ j""^T{ ",! '^'^ P^^^on 
 
 claimed by him within thrp^. . *^^ *"^mal, or if 
 keeper shall pay J^^ZX:^^'^ *'^ ^••'^^' ^^- 
 P''« "^e of tlie municipality. H.To 1877^'"" ""^ '"^ 
 |8' If the owner, withhi f ^ ■ , ' • • 
 
 ^ujcii, me amount d'uiiajres, 
 
 f 11 f fl J J 1 1 
 
 ,p 
 
 
 f !■ 
 
 li'>»v deter- 
 mined. 
 
 !- ' 
 
 fi 
 
 <i>i 
 
1096 
 
 THE MUNICIPAL MANUAL. 
 
 [8. 19. 
 
 ,11 +v,o maioritv of three fence-viewers of 
 shaU be dectded by the^ J^ J^^ J^^ ^^ ^^^^ owner of the aui- j 
 
 the mumciprtUty u .• training or claiming damages, and 
 
 , 4-«7f» r»f thp.m snail witliin 
 
 "ewers or any two of thera shall willun 
 Fencc-viewor 20- Such icnce-vi ^^. ^^^^^ appointment as afove- 
 
 l'^;;&*"' **T*^*"I.X'c^-d«.e ground upou wMoh the .„i„„ 
 diJn»ge. said, view the tence n j determine whether or not the 
 
 was found <i<;^"S /l^'^^^^^'^^^^.^jing to the statutes or by-laws 
 fence was a >f;^'*"; , • ^f the trespass ; and if it was a 
 in that behalt at tne i ^ppvaise the damages comniit- 
 
 lawful fence then they bn^^^ U^^^ ^^^^^ j^^^.^^^ ^^^^^ ^^^ 
 
 ted, and, withm twei^jy ^.^^^per a written statement 
 
 view, shall deliver to the pou ^.^ ,,i,,^ent and of 
 
 tifeif.«^M r r ct'^:" b. s. o. ht.. . n, . ... 
 
 iewers decide that the fence was not a 
 
 Proceedings 21- I* ^^^^ , "''^'iTiii pprtifv the Same in writing undei 
 
 TSfria^vJul one, ^ey *«"^i';; a statement of then- lawl„l fe„ 
 
 cide against ^^^[y hauds, tOpetu payment of all lawfii 
 
 SVS'J:' to the POunel-^^«-P^^' Ji^/er such P^i,,^,i to the owner i 
 
 fees and charges, 'f'^^ ^ but if not claimed, or if sucl 
 
 claimed before the ^''^^^ tf ^*^^^^ ^^^ pound-keeper, after d« 
 
 fees and charges J^^ "^^^jg^^^t, shall sell the animal in th 
 
 notice, as i^fqui^'ed J^Y ^ ^^^^ ^^^ pi^^e appointe 
 
 manner before ^f'f''^\l^n c. 195, t 21. 
 
 in the notices. K. »• '^• 
 
 the noiiuca. — - 1-1 
 
 nd keeper or person who impounds i 
 Liability ot 22. In case a pon . ^^^^^^j^ded or confined, any anim 
 Cp« confines, or causes to i '^^^^ ^^ ^^d, provide and supp 
 refuBinu to ^s aforesaid, retuses u ,^ n.^ ^^^ food, water and slielt 
 
 KotS. the aninial with good^"^/;,,ry ^ auring which he 
 as aforesaid, he «haU ^oi y ^^^ ^^^^ ^^^^ ^^ ^^^. ^^ 
 
 Thrr ^t a^^: c. 195, s. 22. 
 
 ^lo^tma his duty as arbitrator 
 
 aforesaid, stall ""=" * ■ ^^ summary piocmlings bet 
 the .«e of the ""'""P;''*?;"^ the complaint of the p. 
 
 liTo 198, B 33. 
 
 u imposed by this Act maj 
 Recovery 24. ^very fine and penal Y 1 ^^^^^^^^^.^^^^ ^^,,^5 j 
 
 iror- recovered and -f^^f ',,"Xce for'the county or of 
 penaitieB. before any Justice 01 
 
 Penalty for 
 neglect of 
 duty by 
 fence- 
 viewerp. 
 
if;,' 
 
 NUAL. [^- ^^• 
 
 I three fence-viewers oi 
 , the owner of the a\u- 
 i claimii^S damages, and 
 's. 0.1877,0.195,8, 19. 
 
 wo of thera shall wilVm 
 Jjeir appomtment as aiove- 
 1 ^pon -winch the nmTwal 
 evmtneNv\iethevovnottk 
 ' to the statutes or hy-laws 
 e trespass; and iHt was a 
 raise the damages commit- 
 '\rs after having made the 
 'deeper a written statement 
 * their appraisement ana ot 
 BaO.l877.c.l95,s.20, 
 
 ,;de that the fence was not a 
 
 ^'. ;,L\ to the ownev if 
 rU^^-tliu.e.l,oyt'.o., 
 a the pound-keever, atter due 
 
 'TcU sell the awmalinth^ 
 
 ittTl^ place api— ii 
 
 7 c. 195. '^ 2^- 
 
 or person Nvho imi«l^ ' 
 
 '"^ Ld or confined, any amma! 
 
 l^'*'fTood,Nvaterandsyt.i 
 rSn^tletVau^UovJ 
 
 195, s. 22. 
 
 • v,;«iduty asavhitratora 
 ^lectmgh^rrbevecoveredfJ 
 ^alty °« 5^;;' proceedings kfo) 
 
 I „1 hv this Act »;l 
 
 P'TtvB™-m»vyc..« 
 He':^t«o7«>eco».ty.r.ti 
 
 3. 1 (I).] OIL WELLS. 1097 
 
 inuDicipality in which the offence was comtnitted ; and in imprison- 
 default of payment the offender may be committed to the Sfauit'of 
 common gaol, house of correction, or lock-up house of the P**"*"*- 
 county or municipality, there to be imprisoned for any time 
 in the discretion of the convicting and committing Justice, 
 not exceeding fourteen days, unless the fine and penalty, 
 and costs, including the coats of the committal, are sooner 
 ^id. R. S. 0. 1877, C.195, s. 24. 
 
 25, When not otherwise provided, every pecuniary pen- Application 
 alty recovered before any Justice of the Peace under this "' ''*°*'"*'' 
 lot shall be paid and distributed in tlie following manner : 
 one moiety to the city, town, village or township in which 
 the oifence was committed, and the other moiety thereof, 
 with full costs, to the person who informed and prosecuted 
 for the same, or to such other person as to the Justice 
 I jeeras proper. R. S. O. 1S77, c. 195, s. 25. 
 
 K. S. 0. cap. 218. (a) 
 An Act re.specting abandoned Oil Wells- 
 
 ER MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 
 lacts as follows : — 
 
 ll_(l) If the working of any oil well is retarded or Owner of 
 lured by the water existing in or flowing into any aban- ]J,®jy apply** 
 ped oil well in the vicinity of the well so injured, it shall to "mmcipai 
 
 may be lawful for the owner of the well so injured to an up 
 bly to the municipal council ot* the municipality in wj^jclj abandoned 
 abandoned well is situated, for the purpose of being 
 vel by the council to either fill up the abindoned well, 
 
 1) Ciiapurs "iKi ami "217 are oniitted as they do not confer powers 
 lipose tluties on inuuicipal councils. 
 
 138 
 
 wells. 
 
 iVm 
 
 i-i 
 
 fi .-h 
 
 \\m 
 
1098 
 
 
 Powers of 
 the couDcil. 
 
 If engineer 
 reports a 
 well should 
 le filled up, 
 owners 
 thereof to be 
 notifled. 
 
 Casas 
 wherein 
 complainant 
 maj fill up. 
 
 THE MUNICIPAL MANUAL. fg 
 
 or in some other effectual way to sliut off the water flo 
 therein. 
 
 (2) The council, shall, upon such application heiri" 
 in writing by the person injured or aggileved, hiieflv 
 ting forth the grievance, order some engineer oi other 
 potent person to examine the said abandoned well 
 after such examination to report to the said counc 
 writing whether in his opinion the person eomnlaiuj, 
 injured as alleged, and whether the said abandoned 
 should be tilled up, or the water flowing tlierein slmt n 
 some other and what manner. 11. S. O. 1877, c. 19" 
 
 2. In case the engineer or other competent per.-oii rei 
 to the council that in his opinion the abandoned we 
 complained of should be filled up, or that the water fio 
 therein should be shut off in some other way, the clerk o 
 council shall mail to the owner or owners of the aljaiul 
 well, or to some one of such owners, or to his or their a 
 in charge of the premises wliere the abandoned well is 
 ate, a copy of the report, with a notice in writing sifneti 
 said clerk, stating that unless said abandoned well is f 
 up or the water flowing therein is effectually shut ot 
 accordance with the opinion contained in the said ren 
 that the peison complaining will prcceed to do the wor 
 provided in the next section. R. S. O. 1877, c. 19" s. 
 
 3- If the abandoned well is not filled up, or the 
 flowing therein otherwise shut off in accordance witJ 
 opinion contained in said report, within twenty davs 
 the time of the mailing of the .said notice, then it !flia| 
 lawful for the person complaining to proceed to the HI] 
 of the said abandoned well, or the shutting off of the \ 
 flowing therein, in accordance with the terms of 
 report ; and no action for damages shall lie or he niam 
 able against the person, his servants or agents, for i 
 R. S. O. 1877, c. 197, s. 3. 
 
 
^^,at off t\io w.^ter ftowuv. 
 
 •U avP^icatlou Wvus made 
 or lU'gvieved, ^.nefly set- 
 
 ,me engu^eev ov ot\>ev com- 
 aid a^>'.vu^^f>iAe(\ weU, and 
 ^'fc to tl>e said council in 
 
 '°!v,e pPi-«"" coiuplaiuing is 
 the SHU\ a\)aud(nied well 
 
 thev competent pev.ou repov^ 
 \ tbe aV.andoned well 8Q 
 " nr t^vat tiie Nvate.v ftoNvn 
 
 '° ov ov^uers oi t\.e abandon, 
 ^evoi o"^ .^, Vis or theu agei 
 
 *®' <!ticein Nvriting signed \ 
 
 ^^' ^ "^f abandoned ^-eW i^ ^ 
 
 ^^^ ^!^'^s eSectuaUy ^^^-^ «^ 
 hereii^ « . ^^^^. ,aid red 
 
 ?« ^^yj^'eed to do the mi] 
 
 n. ^'" 1 
 
 fiMpd up, ov tl\e vfal 
 
 h'^tt wiuu t«nty h!4 
 report, >^^ ^^^^^ it M\ 
 
 ^'^n't^roceedtot^ 
 
 l^, o^ ^7;.%, the terms oi ttel 
 iance '^^"', , ,i \ie ov he maini 
 f damages s^^Jt8,ior 90 dJ 
 Lis servants or a„ 
 
 O 
 
 2 (2) 1-] 
 
 LINE FENCES. 
 
 1099 
 
 B. S. 0. cap. 219. (a) 
 An Act respecting Line Fences* 
 
 Short TITLE, s. 1. 
 
 ISTERPBETATION, 8. 2. 
 
 i my of adjoining owners, 8. 3. 
 Proceedings in case of dispute, 
 
 1 83. 4-6. 
 
 Award by fence viewers : 
 Contents of award, s. 7. 
 Filing, s. 8. 
 Enforcing, a. 9. 
 
 Registration, s. 10. 
 
 Fees, 8. 11. 
 Appeal to County Judge, g. 12. 
 Enforcing agreements, s. 13. 
 Removal of link fences, s. 14. 
 Trees falling on line fences, 
 
 8. 15. 
 Forms, s. 16. 
 
 HER MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 lenacts as follows : — 
 
 1 This A.ct may be cited as '* The Line Fences Act." R. Short title. 
 ,0,1877,0. 198,8. 1. . 
 
 2,_(1) In this Act the expression " occupied lands " interprete- 
 Jiall not include so much of a lot, parcel or farm as is unen- "Occupied 
 josed although a part of such lot, parcel or farm is '•"<*■ J' 
 Bclosed and in actual use and occupation. 41 V. c. 10, s. 1. 
 
 (2) Where, within the meaning of section 4 of this Act, 
 ere is any dispute between o'-vners or occupants of lands 
 ate in different municipalities, the following words or 
 ptessions in this Act shall have the meaning hereinafter 
 pressed, namely : 
 
 The phrase *' Fence-viewers " shall mean two fence- •< F,ne*- 
 ^wers of the municipality in which is situate the'land of the viewers;' 
 per or occupant notified under sub-section 1 of section 4 of 
 I Act, and one fence-viewer of the municipality in which 
 ^tuate the land of the party or person giving the notice ; 
 lept that in case of a disagreement having occurred 
 lun the meaning of sub-section 4 of section 4, the said 
 "Fence-viewers" shall mean fence-viewers from 
 ir or hoth municipalities. 
 
 [Tlie amendmert made to section 11 by 52 V. c. 48 is intro* 
 
 1 into this Act. 
 
 
 wmn 
 
 fl;flV.f; ^1 ■ 
 
 
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 ^R'*^iiH F ' 1 
 
 
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 i'll 1 
 
 
 
 
 
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 f- i ■: 
 
 V" 
 
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 ! 
 
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1100 
 
 THE MUNICIPAL MANUAL. 
 
 " In which 
 the landi are 
 nltunte ;" 
 
 the land 
 lies." 
 
 Uuties of 
 owners of 
 adjoining 
 laiida as to 
 fences. 
 
 [s. 2 (: 
 
 2. The expression "in which tlie lands are situate" 
 the expression •* in whioli tlie land lies," sjiall respecti 
 
 '•In which mean in which are situate the lands of the owner or n 
 pant so notified under sub-section 1 of section 4 ii 
 c. 42, s. 1. 
 
 3. Owners of occupied adjoiningf lands shall make 1 
 up, and repair a just proportion of the fence which nii 
 the boundary between them, or if there is no fence they I 
 so make, keep u]), and repair the same ju-oportion wliic 
 to mark such boundary ; and owners of unoccupied h 
 which adjoin occupied lands shall, upon their beinc o 
 pied, be liable to the duty of keeping up and repairinir ;, 
 proportion, and in that res))ect shall be in the samepusi 
 as if their land had been occupied at the time of the oiig 
 fencing, and shall be liable to the comj)ulsory proceed 
 hereinafter mentioned. R. S. O. 1877, c. 198, s. 2. 
 
 4. In case of dispute between owners respecting such 
 portion, the following proceedings shall be adopted : 
 
 1. Either o'vner may notify (Form 1) the other owner 
 the occupant of the land of the owner so to be notified t 
 he will, not less than one week from the service df s 
 notice, cause three fence-viewers of the locality to arbiti 
 in the premises. 
 
 2. The owners so notifying shall also notify (Form 
 fence-viewers, not less than one week before their ser 
 are required. 
 
 3. 'I'he notices in both cases sliall be in writing, siijiief 
 the peison notifying, and shall specify the time am 
 meeting for the arbitration, and may be served hy lea 
 the sa?ne at the place of abode of such owner or occii 
 with some grown-up person resid":ig thereat; or in en 
 the lands beinj^ untenanted, l)y leaving the notice with 
 ajient of such owner. 
 
 Dicputea 
 between 
 ownei'H. how 
 to be HKttlcd. 
 
 Notice to 
 owner or 
 occupant of 
 adjoining 
 and. 
 
 And to fence- 
 viewers. 
 
 What to 
 contain. 
 
 
 When .)uJ:e 
 to uppoint 
 fence- 
 viewer?. 
 
 4. The owners notified may, within the week, olije 
 any or all of the fence-viewei-.s notified, and in cased 
 agreement, the Judge hereinafte? nienti(mecJ ;slmll iiai 
 fence-viewers who are to arV>itrabe. E. tS. 0. 1877, c, 
 s. 3. 
 
 Duty and 5. An occupant, not the owner of land notified in tliej 
 
 occupilntP as ner above mentioned, shall immediately notify tlie j 
 
: \ 
 
 MANUAL. I«.n2)2. 
 
 lie Innt^s are situate" and 
 A lies," R^ia^^ vesi.eclive\y 
 i,ds o! the owner ov occu- 
 jx^ I oi section 4. 47 Y. 
 
 ,^2 \aiH\9 shaU nmVe, keep 
 o£ the fence which mavks , 
 
 if there is no ^^-^'^e ^^7 1*!^, 
 e same vvovovtion nv uch « 
 owners of uuoccupu-d lm,d» 
 
 hail uvo^^ ^^^^' ^"-"^^ "''': 
 
 ee>inguP^^^'i^'"^'""""'^'"'M 
 
 V ail be ii^ the samepusiUoal 
 
 !,iedatthetimeo{ti.eongmail 
 
 een owners respecting «uckpr» 
 
 • X- /WormDtheotiievosvmi 
 Se^!wnvsotobeuouiiea,tl, 
 
 V from the sewice ot d 
 '::^sot the locality to avUt. 
 
 . „^hallaV, notify (Form 2)^ 
 'one week before the. .m^ 
 
 I « shall be in writii^g, sjgnedl 
 Iftsesslii^" the time iUulvM 
 
 [ T sucb owner or omJ 
 H:^-ra.ereat;ori.J 
 (-^-;t;^iugthenotKe.uh| 
 
 ,^ within the ^eek, ol^ 
 ■ '"'^' f \ftecl ai>cl in case ot] 
 
 Leinatto. m«'' 0. 181", M 
 Lrbitv«be. i^- '^• 
 
 nfVuul notified in tlu'i 
 h""''''?lateWnotitytl>eo^ 
 l-All iinmediateij 
 
 Q 1 LINE FENCES. 
 
 nd if he neglects so to do, shall be liable for all damage 
 ©used to the owner by such neglect. E. S. 0. 1877, c. 198, 
 
 6 '^\^Q fence-viewers shall examine the premises, and if 
 PQuired by either party they shall hear evidence, and are 
 uthorized to examine the parties and their witnesses on 
 natb and any one of them may administer an oath or affir- 
 mation for the purpose as in Courts of law. R. S. O. 1877, 
 1 198,3. 5. 
 
 7_(1) The fence-viewers shall make an award (Form 3) 
 I in writing signed by any two of them, respecting the mat- 
 ters so in dispute ; which award shall specify the locality, 
 Lnantity, description, and the lowest price of the fence it 
 Ideis to be made, and the time within which the work shall 
 Ike done and shall state by which of the said parties the 
 Icostsoftbe proceedings shall be paid, or in what proportion 
 Ithesame shall he paid to the parties. 
 
 ,o\ jn making the award, the fence-viewers shall regard 
 iheniiture of the fences in use in the locality, the ))ecnniary 
 ijrcumstances of the persons between whom they arbitrate, 
 
 I ftenen\lly, the suitableness of the fence ordered to the 
 
 Irantsofeach party. 
 
 (3) Where, from the formation of the ground, by reason 
 fslveanis or other causes, it is found intpossible to locate 
 le fence upon the line between the parties, it shall be law- 
 
 1 for the fence-viewers to locate the , said fence either 
 lyiy or iiartially on the land of either of the said parties, 
 leve to them it seenis to be most convenient ; but such 
 
 ation shall not in any way affect the title to the land. 
 
 1101 
 
 to notify Idk 
 owneri. 
 
 Dutici knd 
 powers of 
 ibnce- 
 ▼iewera. 
 
 Award of 
 
 fenco- 
 
 viewers. 
 
 Contents. 
 
 Character of 
 fence. 
 
 Location of 
 fence. 
 
 (I) If necessary, the fence-viewers may employ a provin- Employment 
 il land surveyor, and have the localitv described by metes °'*""®y°'- 
 1 bounds. R. S. 0. 1877, c. 108, s. 6. 
 
 The award shall be deposited in the office of the clerk Deposit of 
 He council of the municipality in which the lands are"^"^" 
 ate, and shall he an official document, and may be given ^^^^^ ^^^ 
 Ividence in any legal proceeding by certified copy, as are bo evideuce. 
 fcr official documents ; and notice of its being made shall Notification 
 fcveu to all i>arties interested. E. S. 0. 1877, c. 198, s. 7. "^ award. 
 
 Tlie award may be enforced as follows: The person Award, how 
 ^ng to enforce it shall serve upon the owner or occupant *°^<"'<^<'- 
 
 i , ^ 
 
 i 
 
 !l! 
 
 '■' ! • ;i 
 
1102 THE MUNICIPAL MANUAL. 
 
 of the adjoining lands a notice in writing, refiuiriju' \ 
 obey the award, and if the award is not oheycd witliir 
 montli after service of the notice, the person so dcHiii 
 enforce it may do the work wliich the nwiud diiwts 
 may immediately recover its value and the costs fro/ 
 owner by action in any Division Court haviii<r jmisd' 
 in the locality ; but the Judge of the Division Comt 
 on application of either party, extend the time tor n 
 the fence to such time as ho may think just. K ,S n i 
 c. 198, 8. 8. • • .1 
 
 
 m 
 
 
 
 'il: 
 
 
 '1 
 
 f * ^1 
 
 Award lobe IQ. — (1) The award shall constitute 
 
 a charge on - ^ - ' 
 
 lands, If upon the lands respecting which it i:s mad 
 registered, tered in the registry office of the registry division 
 the lands are. 
 
 'f'li and cl 
 > '^^'licn it is 1 
 
 in V 
 
 How regis- (2) Such registration may be in duplicate or by 
 tered. proved by affidavit of a witness to the original, or other 
 
 as in the case of any deed which is within the nienii 
 '■ The Registry Act K. S. O. 1877, c. 198, s. •). ' 
 
 Kev. 
 lU. 
 
 Stat. 
 
 witnesses. 
 
 IZl^-^'^^T. 11- (1) T^'^ fence-viewers .shall be entitled to receiv, 
 TcyorsBnd cach for every days work under this Act : Provincial 
 surveyors and witnr.s.ses shall bo ontitk'd to the samecoii^ 
 sation as if they were subpd'naed in any Division f 
 11. S. O. 1877, c. 198, s. 10. 
 
 (2) The municipality may at the expiration of tlie 
 for api)eal, or after appeal, as the case may be, pay to tiiej 
 viewers their fees, and shall, unless the same be foitll 
 repaid by the jierson awarded or adjudged to pay tliel 
 place the amount upon the collector's roll as a chaif'o aJ 
 the ])erson awarded or adjudged to ))ay the same, and di 
 shall thereafter be ])laced upon the collector's roll and 
 be collected as ordinary municipal taxes. 52 Y. c. m 
 
 Ap])eal8. 
 
 Notice of 
 appeal. 
 
 '^ 
 
 12. Any person dissatisfied with the award niadpj 
 appeal therefrom to the Judge of the County Court 
 county in which the lands are situate, and tlie inocel 
 on the appeal shall be as follows : 
 
 1. The appellant shall serve upon the fence-vieweii 
 all parties interested, a notice in writing of his inteiitj 
 appeal, within one week from the time he has been iif 
 of the award, which notice may be served as othei' 
 mentioned in this Act. 
 
AL MANUAL. 
 
 UNK FKN(!|;8. 
 
 ill be entitled to tho same i 
 
 2. Tlio .ippollant shall „I,sf, ,|,.|j^,„,. ^'^^ 
 
 the clerk ni the Divmon (;„u,t „f tlu? r'-'^-*'^ ^'"^ '"^*'ce to i„ ,.,.,.1, 
 |,.,ui lios. H.ul the clerk .slwdl i, n L J rr'^V'' ^^'"■^•'' ^''^ 
 
 for til.) Iieimn- th.-reof, ,tn.l, if ]„, tMnk ' '''T'""' '^ t'"'" 
 of ...omT to he paid Uy t,„, apn.Ila„ To ' V''"*'''.'V''"^''' ■'^"'» 
 
 3.Tl.eJucl.eshalIonlerthofJn ' ^^"""^I'l"'"'- 
 
 i,,of tl... u,,.eal and oouuuuni.^t^' ^Jl^^-^-th. '-ar- .„.,„., ., 
 ivho shall notify the feiic(.-viower,s and I • ^'"' «l«i-k, '"■''""«. 
 
 in the manner herein hefon, Drovid.vl f '^'' P'^'"*^'^'^ interested, 
 notices undfT this Act. ' * ^^*" ^''« «ei'vice of othei- 
 
 i The Jiul,-e shall hoar and deterin.-,.o f 1 
 '* '^'^^"•' "'■ ""''•'" ^''^' "^v.ird, correc 1 ,. ''^''""'' '^"^' '^'^t ''"-- or 
 and he may examine parties and witneV ^''''"'" ^'•^''■<^''». '^" ■''"'•f^'- 
 
 ),e so i.leasos, may inspect the pren.is'e'r- ""' T^'"' "-"''' ^^ 
 payment ot costs l,y either ij.irtv andflvVi' " ""'^^ ^'"tJo'' 
 U ^ •^'""^'^'^ the amount of such 
 
 5. His decision shall In- fi„a| • n.wj fi 
 or confirmed, shall he dealt witl. i Ul resr'. ' '"' '" ^^'^'^''^^ "-W"" ^r 
 kvebeeu if it had not heen uppoaLd f.^^i;^ ''' "' '' ^ou\d\^;-^^' 
 
 (J, The practice and proooodinfrc nn +1 
 t;,efeo,s ,«yal.Ie for suhpuM.as and Ho ."''^®'''' '»«I"fIinff 
 
 ne.e, shnll h « the same', as ll.a; i ^r'""''' '"°""^ «^ ^'^^- 
 lofasuit ill ih;. Division Court. 1^ ^ (Ms??*'! '" *'*'' '''''^ 
 13. uiy agreement in writing (Form 4^ ]J "^ ' '' ^^' 
 .pectn,. such line fence n.av") o Hied L ''•T ^^^'^^''^ '-••■.-^ration 
 forced as if it \vas an award' of fn !« • ''^^'^tered and "'^ '•»,^-o„.""" 
 ",c, m s. 12 * tence-viewers. U. g. q ""■"'«• 
 
 8", c, m. s. 12. 
 
 14, (]) The ownca- of tlw. whoh, or n.,^^ of r • • 
 .netence which forn.s part of the fence ench sin.; .7''°" °' V "'"■'■ *>' 
 Jied or improved land of another norsnn ' ""■ ''"'V^' *'»« occu- '''vi-io,, 
 r remove any part of such feuc;.! ' '''*'" "^^ ^^'^^ ^o^n "i";:;;'''^^' 
 
 I ''noloses 
 
 l((i) Withoat n;iviii<r at least mV nw.,,4.1 . ;'"othHr 
 
 I his intention to the owne.. .... ' ."'^ *^otice of not to 
 
 a^ljacent enclosure; ' ""'""J"^'' ^^ ««ch ;-::;--;;^ 
 
 (i) Nor miless such last mentioned owner or n • 
 I alter demand made nnn.i I.;. .^^.^^ occupier 
 
 iioficu, etc 
 
 
 I < 
 
 M.: 
 
 ; '|;|!''&-M-^ 
 
 ■irtr' 
 
 
 
 
 iMi: 
 
1104 
 
 m- 
 
 fit 
 
 TIIR MUNICIPAL MANUAL. L H l\\ 
 
 (c) Nor if Huch owner or »)ocui)i(!r will pay to tlif ,,v,mr 
 Huch fo'uje or of iiny part tlunoof, hiicIi hi„„h 
 tlio funco-viower.i niiiy uwiinl to bo paid th , ,f 
 uiulor Hoction 7 of t-lii8 Act. 
 
 I'roTlnlo"* Of 
 thli Aut to 
 
 (2) Tlio proviHioiiH of this Act rolatinpf to tjm hk ! 
 •ppiyto (iotcnniiiiii^ diHputciH hotwccii the owner of occunii'd r • 
 
 oiiiMw undur • i i .1 e e • 1 | "u iliimi; 
 
 tbli NDoUoii. "'^' liin«l^ tlio niHinier of cnforcni;,' awards mikI iip|„.,i|.s tli).|' 
 from, nntl tlio sclipdnloH of ft)rni.s attacluid hcfcto m,, 1 
 otluM" provisions of this Act, so far as applind)lc slu'iH , , 
 to proceedings under this section. 11. fcj O. 1877 c I't] 
 
 I'rovliton, 
 whxn a tree 
 Ih thrown 
 down arro!)H 
 m liiiH ftincf. 
 
 When 
 injurnd 
 party may 
 rvmore tree, 
 
 Kit try to 
 remove treo 
 not to be a 
 trespaNs, i-tc, 
 
 Kence- 
 TifworB to 
 
 di-cido 
 dispiitcf. 
 
 I.{. 
 
 15— (1) If any tree is thrown down, by accident op othei 
 wise, across a lino or division fence, or in any way ju 
 upon the property adjoining that upon which such tree stoor 
 thereby caiisiiif,' dainii^e to the crop upon such 1 rcpcitv dit 
 such fence, it shall bo the duty of the proprietor or „(rii||.,, 
 of the premises on which such tree then'totoni stood t 
 remove tlu; same forthwith, and also forthwith to roiiiiir'tl 
 fence, and otherwise to make <^ood any damaye caused by tlit 
 falling of sucli tree. 
 
 (2) On his ne^deet oi- refusal so to do for forty-eij^dit liouii 
 aftei- notice in writing to remove same, tli(! injuied paitymaJ 
 reniovi! the same, or cause the same to be removed in di 
 most convenient and iju'Xpensive maimer, imd may ii|.,j.] 
 good the fence so damngc^l, and may retain sucli tree tl 
 remun(>rate him for such removal, and may also recover nj 
 further amount of dama '^'-' beyond the value of .such treii 
 from the party liable to pay it under this Act. 
 
 (.T) For the purposes of such removal the owner of sui| 
 tree may enter into and upon sucdi adjoining jjreiiii.ses 
 the removal of the same without being a trespasser, avoiJi 
 any unnecessary spoil or waste in so doing. 
 
 (4) All disputes arising between parties relative to ti 
 section, and foi- the collection and re(V)very ofall oraiiysiiil 
 of money becoming dut; tlu'reunder, shall beadjiisteil hvtliij 
 fence-viewers of the nuinicipality, two of whom shall ai'm 
 R. 8. (). 1.S77, c. 198, .s. U. 
 
 Forma. 
 
 16. The form.s in th«; schedule hereto are to gnidetliepJ 
 ties, being varied accoi-ding to circumstances. H. S. 0. Itii 
 c. 198, 8. 15. 
 
l\»CVO«)f, H\\o\\ HV\1H» UK 
 
 av(\ to bo pftid t\\erdor 
 
 ,.clat\np to Uu^ m.ulc of 
 
 aNvar(\Huuaav\H>.v\Hl\>m- 
 H attac\u',i\ li.'icto, >iu.\ u\\ 
 
 ' U. y O. 1877. c. \% 
 
 >ce or in any w.vy ni am 
 ;,oUvousvKUvvoi-vtyo,lo 
 
 ,f'e"thoro,tator. stood, to 
 Vunfovt\»Nvit\»tc>voviurtlie 
 
 hV\ :;; Ualu sucl> tree to 
 "'^;Va'^uaya\sovecovev>my, 
 h" ' L viUvu, 0? HuA tree; 
 I umlev t\n. Act. 
 
 vMi\ t\io owner ot sucll 
 
 LU. in «" ''"'"=• , . , J 
 to circumstances. 
 
 POHM 3.] I'«?*K FKNCKH. 
 
 SCJIEDULK OF FORMS. 
 FORM 1. 
 
 {Sficfitm 4.) 
 
 NoTIOK TO OI'I'OHITK TARTY. 
 
 Take notico, tliiit Mr. , Mr. and Mr. 
 
 1100 
 
 throe 
 
 [jnct'viowcrs of this lnoality, will attend on tlio day of, , 
 
 Ij , III t!>o •»'"•' "^ • *'• v'^w and aihitrato iipoii tho lin« 
 
 (enMiiidispiito hctv/oon our properties, hoinj? lot« {or parts of lotH) 
 On^ mill yV" ia the conceaHion of tho township of , in the 
 
 Dtttcathis day of ,18 . 
 
 A. li., 
 Owner of Lot 1. 
 
 hClK 
 
 Uwaor of Lot I. 
 
 II. H. O. 1877, c. 198, Schcd. Form 1. 
 
 FORM 2. 
 {Section 4.) ^ 
 
 NOTICK TO KKNCR-VIKWKR9. 
 
 Tiike notice, that I recpiiro you to attend at on tho 
 
 liivof , A.l>. 18 , at o'olock, a.m., to view and arbi- 
 
 Itratc on the lino fence between njy property and that of M r. , 
 
 Ibeing lots (or parts of lota) Nos. Oiu- and Tim in the cuncesaion 
 
 jof the township of , in the connty of 
 
 Dated this day of , 18 . 
 
 A. n., 
 
 Owner of Lot 1. 
 R. 8. O. c. 198, Sched. Form 2. 
 
 F015M 3. 
 (Section 7.) 
 
 AWAKD. 
 
 I We, the fence-viewers of (name of the locality), having been nomi- 
 ^tel to view and arbitrate upon the line fence between of 
 
 tmtand ileKiri/ition of tiuuier who nolijied) and (iiani'i and (Icsrriptlon 
 lomii'nwtiric.d), which fence is to be made and iiuiiutaineil between 
 'ixfik iirojiertict), and having examined the pr»;mis(!s and duly 
 led according to The Line Fences Act, do award as follows : That 
 tof the suid line which commences at and ends at {describe 
 
 Ijw'ii/s) shall be feiicetl, and the fence maintained by the said , 
 
 (that part thereof wliich commences at and enils at {de.serib, 
 
 l|i'i«/<)sli;ill be fenced, and the fence maintained by the said 
 (lenoesliall be of the following description {xttttc the kind offencee 
 \i{,nialma}, f.U\), and shall cost at least per rod. The work 
 
 1 be commenced within days, and completed within 
 
 139 
 
 1 fi 
 
 :tli 
 
 W' 
 
 I I 
 
 if 
 
 i i!' 
 
 1 I 
 
 'H 
 
 K-i 
 
1106 
 
 n. U:h 
 
 M 
 
 THE MUNICIPAL MANUAL. fr?^^ 
 
 •lays from this date, and the coats shall be paid by hfafe h 
 paid; if hy both, in what proportion.). ^ "'" 
 
 Dated this day of , 18 . 
 
 {ShjnaturcH off,n,ce.viewer, ] 
 R. S. O. 1877, c. 198, >Sched. Form 3. 
 
 FORM 4. 
 
 (Section 13.) 
 
 AfiREEMENT. 
 
 We, and 
 
 One and Two in the 
 
 , owners respectively of lots {or parts of lo 
 
 concession of the township of ;,, ^ 
 
 county of , do agree that the line fence which divides om- 
 
 properties shall be made and maintained by us as follows- (fn 
 
 the name form as award.) • \/oii 
 
 Dated this day of 18 . 
 
 {S!i/,iat,irrs ofpartk, ) 
 R. S. O. 1877, c. 198, Sched. Form 4, 
 
 R. S. 0. cap. 220. («) 
 All Act respecting Ditches and Watercoursel 
 
 Short title, s. 1. 
 
 AprOINTMENT OF ENGINEER, S. 2. 
 
 Ari'MCATioN OK Act, s. ,S. 
 
 DlTV OF ADJOINING OWNERS, S. 
 
 4. 
 
 Proceedixcs wiieue adjoivinc 
 owners disacirek, ss. 5-7. 
 
 Duties ok engineer, ss. 8, 9. 
 Award of engineer to be filed, 
 s. 10. 
 
 Appkal from award, s. 11. 
 Compelling attendance of wit- 
 nesses on appeal, s. 12. 
 
 1'ayment to contractor, s. l.S. 
 
 Insj'ection of work, ss. 15-17. 
 
 Collection and payment 
 
 costs and i'kks, ss. 14.is,| 
 Service of noticks, s. 19. 
 Act to apply to MrxicrrALcJ 
 
 porations, s. '20. 
 Power as to covkrixo dkuJ 
 
 8s. 21-24. 
 Use of t>rain by subseqc^ 
 
 partif.s. s. 25. 
 Continuation of dkatxixtoI 
 
 joining MUNKilPALITV, S,| 
 
 Scale of fkes, s. 27. 
 
 Act to apply to pkrpexinoI 
 
 widening a ditoiiordrI 
 
 s. 28. 
 
 eER MAJESTY, "by and with tiie advice a ncl consl 
 of the Legislative Assembly of the Provincef 
 Ontario, enacts as follows : — 
 
 (a) The amendments made by 52 V. c. 49, are introduced intol 
 Act. 
 
 
 -i--ii. 
 
be paid by [^Mt by v-hm 
 
 i,;nttt«>-e.so//.'»ce-ncw)er.s.) 
 c. 198, Sched. ^Form 3. 
 
 3.) 
 
 ,^welv oUots (or parts oHo^ 
 
 ,77, c. 198, Sc/t-^rf. T?om 4. 
 
 ap. 220- i") 
 
 ehes and Walercoursosj 
 
 ACT TO Al I h\ 1 ^ 
 
 I 8. 28. 
 
 It" -tb the advice and consl 
 Assemoi> ol ! 
 
 It- 
 
 ! 4 (2)-] DITCHES AND WATERCOURSES. 1107 
 
 I This Act may be cited as ^^The Ditches and TTa^cr- Shoitiitie. 
 courses Act." 46 V. c. 27, s. 1 . 
 
 2 (1) Every municipal council shall name and appoint Engineer 
 
 1)V by-law an engineer to carry out the provisions of this ^pi'*""*°**"^ 
 Act and such engineer shall be and continue an officer of 
 such corporation until his appointment is repealed by 
 bv-law and another engineer a]pi)ointed in his stead, who 
 sliall have authority as well to take as to continue any 
 nroceecling already commenced under this Act. 
 
 (2) The word " engineer " in this Act shall meaUj civil 
 engineer, land surveyor, or such person as any municipality 
 nmv deeiu competent to perform the duties required under 
 
 thiUct. 4G V. c. 27, ss. 4, 21. 
 
 3, This Act shall not aftect the Acts relating to muni- Certain 
 clpal or government drainage. 46 V. c. 27, s. 2. ^^^^^^^f 
 
 4__(1) In case of owners of lands, (b) whether immediately owners of 
 adjoining or not, which would be benefited by making a^ands"!,"'^ 
 (litcli i>v drain or by deepening or wideiiing a ditch or drain ^^^^1^9^ 
 ilrcadv made in a natural watercourse, or by making, deeji- certain 
 eningov widening a ditch or drain for the ])urj)0se of '"'"P"'^^"'"" 
 tiikinf ort" surplus water or in order to enable the owners or 
 occuiners thereof the better to cultivate or use the same, 
 snch several owners shall open and make, deejicn or widen a 
 just and fair pi'ojiortion of such ditch or drain according to 
 tlieh' several interests in the construction of the same ; and 
 sucli ditches or drains shall be kei)t and maintained so opened, 
 luepened or widened by the said owners respectively, and 
 their successors in such ownership, in such proportions as 
 thev have been so opened, deepened or widened, uidess in 
 consequence of altered circumstances the engineer herein- 
 1 after uan.ed otherwise directs which he is hereby empowered 
 to do uiiou application of any party interested in the same 
 Ifonu and manner as is hereinafter prescribed in respect of 
 Ithe criminal opening, deepening or widening ; and in case the 
 [eimneer finds no good reason for such application jill costs 
 [caused tliereby shall be borne by the applicant, and shall be 
 [collected as in this Act provided. 46 V. c. 27, s. 3. 
 
 (2) Every such ditch or drain shall be continued to a ^'"'"i'^'" 
 Proper outlet, so that no lands, unless with the consent of be reached. 
 
 H 
 
 5-2 V 
 
 c. 49, ate 
 
 introduced into 
 
 \h] A railway company is not subject to the provisions of this Act. 
 lfl«eiv. Grand Trunk R. H . Co., 45 Q. B. 222. 
 
 q 
 
 ■ I , 'A \ ' 
 
 't\ 
 
 \; li 
 
 
 I * 
 
 \v\i 
 
 
 
1108 
 
 THE MUNICIPAL MANUAL. 
 
 ■ll 
 
 1 
 
 "In 
 
 jiffl 
 
 Ml' ■ 
 
 m:, 
 
 b' 4 ( 
 
 the owner thereof, will be overflowed or flooded through 
 by the construction of any such ditch or drain, and it sh 
 be lawful to construct such ditch or drain through one 
 any number of lots until the proper outlet is reached 
 V. c. 43, s. 1. 
 
 foTd^din"^ (3) ^"«^ consent shall be in writing, and signed by tl 
 land to be in party consenting, and shall be filed with the clerk of tl 
 writing. municipality, with the awai'd, and may be recited 
 referred to therein. 
 
 Notice to 
 owner to 
 repair. 
 
 (4) If after a ditch or drain has been constructed und 
 the provisions of this Act, and in case any owner wh- 
 duty it is to maintain and keep in repair any portion of sue 
 ditch or drain neglects to keep such portion in a j)roper stai 
 of repair, any one of the owners who is liable for maintaii 
 ing and keeping in repair any portion of sucli ditcli ordrai 
 may in writing notify the owner who neglects to keen Ir 
 portion of such ditch or drain in a proper state of lenair t 
 have the same put in such repair, and to have the sam 
 completed witfcin thirty days from the receipt of sue 
 notice. 
 
 Application ^5^ The owucr who serves the notice may, if the workliai 
 paiity on not been performed at the expiry of tlie thirty days niM 
 
 application to the council of the municipality to have {]! 
 
 repairs carried out and completed. 
 
 (6) The council shall when such application is made ordJ 
 an examination of such portion of the ditcli or draii; as 
 complained of, to be made by the engineer of tlie inuiiicinai 
 ity or by some other person to be appointed by the coiincif 
 and who may be called the " Inspector of drains an 
 ditches." 'I'he inspection shall be made not later thJ 
 twelve days fi'om the time of the ordei'ing the same, and tM 
 engineer or inspector as the case may be, shall withj 
 twelve days after making the ins])ection, file with tlie Jei 
 of the muiiioi|)ality a certificate, stating wliotlier the co| 
 plaint is well founded or not, and wherein the ditch or dnil 
 requires repairing. 
 
 (7) If the engineer or inspector (as the case may he) cJ 
 tifies that the complaint is well founded, then in siidi oaf 
 the comicii shall order him to proceed and let the work 
 [jrovided in section 15, for re-letting work, unless the oivi| 
 has himself in the i.ieantime completed such repairs 
 
 owner's 
 default. 
 
 Inspection 
 by engineer. 
 
 Report of 
 inspect*..' 
 that com- 
 plaint well 
 founded. 
 
1 or flooded through ov 
 b or drain, and it shall 
 c drain through one or 
 I, outlet ia reached. 47 
 
 itina, and signed hy the 
 T^\ih the clerk of the 
 ,nd may be recited - 
 
 or 
 
 S.6.] 
 
 DITCHES AND WATERCOURSES. 
 
 1109 
 
 ^een constructed under 
 tn case auy oNvner ^h:se 
 rrevaitauyi)ortiono{.uch 
 ?ch portion in a proper state 
 
 .^^u>is liable for mau.tain- 
 cltionoi such ditch ovArain 
 fwho nesiects to kee^ \m 
 n a proper state of repair, to 
 • «nd to have the same 
 ff%m the receipt of suA 
 
 t l^^iality^O have .e 
 
 ited. . 
 
 ,, application is wade, orderl 
 
 '' the ditch or drau. as u 
 
 '" Sneer of the luuiucipal-l 
 
 TeS-lbythecoJ 
 
 P ^l Sector of dvau. aJ 
 
 theordeun^u ^^ ^^.^^^J 
 
 .he case :--y'l\.^, U>e J 
 
 feth-?iuthedvtchovdr^ 
 
 / .c; the case may he) cej 
 lector (as t ^« ,, ,„eh cJ 
 
 lell t'o"^^^\^^!;^^'/ et the .o,U 
 L proceed '^'r^ ^,,, Oie owbJ 
 
 lime conn'^ete" 
 
 accordance with the report or certificate of the engineer or 
 inspector. The provisions of sections 16 and 18 shall apply 
 as to inspection and payment of engineer's or inspector's fees 
 and costs of work, and the council may by by-law fix the 
 remuneration of the inspector during the time he may be 
 gncTiiged in the [)erformance of any duties under this Act. 
 Amember of the council shall not be appointed inspector. 
 
 (8) If the engineer or inspector decides that the complaint nepeit of 
 ;» Tint well founded, then in such case the party making the '""Pecttr 
 
 IS"""" , ,, .1 n /..I • ■ ® thtit claim 
 
 complaint shall pay the tees or the engineer or inspector, as not wen 
 the case may be, and if not paid by him they shall be t)aid ^"""•^^'*- 
 and charged as provided in section 18. 
 
 (9) Any owner or i)art" interested under proc. '^dings Appeal. 
 taken uncier or by virtue ot the preceding six sub-sections, 
 shall have > he right of apjjcal as ))rovided by this Act, where 
 the amount involved exceeds the sum of $20. 50 V. c. 37, 
 
 s.l. 
 
 5. In case of dispute between owners respecting such pro- proceedings 
 nnrHnns anv owner shall, before filing with the clerk of the *" *'*f'"'* **» 
 municipality the requisition provided tor in sedition b ot this in case of 
 [Act (Form or to the like etiect), serve upon the other ''"'P""'- 
 [owners or occupatits of the lands to be effected a notice in 
 hfiitin" signed by him (Form B or to the like effect), nam 
 iiu^iuiav, hour and place convenie it to the ditch or drain 
 [at which the parties are to meet, ani, if possible, agree upon 
 [the respective portions of the ditch or drain to be made, 
 deepened or wiilened V)y each of them, the notice to be 
 lerved not less than twelve clear days before time of meet- 
 nc • and in case at the meeting an agreement shall be come 
 ) between the parties, the agreement shall be reduced to 
 Irritiii" (Form A or to the like effect), and shall be signed 
 all the parties, and shall, within four clear days lron» the 
 Iffiiin" thereof, be filed with the clerk of the municipality 
 i which the land requiring the ditch or drain is situate, and 
 kea"ieenieiit may he enforced in like manner as an award 
 
 c. 27, 
 
 s. 5 ; 
 
 [tlieen<i;inoer as hereinafter provided. 4G V 
 
 I V. c. 37, s. 2. 
 
 Ja. In case the parties at the meeting shall not agree, any Proceedings 
 ner may file with the clerk of the municip^dity in which "!.re'^"°tjg 
 I lands requiring such ditch or drain are situated a requi-come to. 
 |ion (Form C or to the like effect) shortly describing the ditch 
 tdiaiii to be made, deepened or widened, and naming the 
 
 i- i ;'! 
 
 b.]^'^-^ 
 
 \m 
 
 
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 mwi 
 
 If 
 
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 "til 
 
 %i 
 
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 lit 
 
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 ii 
 
 '■tl 
 
 A-- 
 
 f i, 'If 
 
 
 f^i 
 
 
 
 |wm- 
 
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 r¥ fe^ ■ 
 
 wmf-y- 
 
 ■ ■ !^ 
 
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 fff > 
 
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 < 
 
 ^ 
 
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 W\' 
 
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 ■ \ ■ T, 
 
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 ■I: ;.. I 
 
 
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 :ML 
 
 111 
 
1110 
 
 Vi 
 
 h ! 
 
 p 
 
 'ill,'" 
 ■3 
 
 Oscupuit to 
 
 notify 
 
 oitnar. 
 
 THE MUNICIPAL MANUAL. r ^ 
 
 lands which will be aft'ected thereby, and the owners resn 
 tively, and requesting that the engineer appointed by U 
 municipality for the purpose be asked to appoint adayinwhi 
 he will attend at the place named in the requisition whi 
 shall not be less than ten nor more than sixteen clear da 
 from the day on which he received a copy of said requisitioi 
 and shall also at least four clear days before the time upijointp 
 serve upon all the persons named in such I'equisition a noti 
 (Form D or t6 the like effect) requiring their attendance • 
 the said time and place : Provided, nevertheless, that whe 
 it shall be necessary in order to obtain an outlet, that th 
 drain or ditch shall pass through or partly through the land 
 of more than five owners (the owner first mentioned in thi 
 section being one) the requisition shall not be filed, unless • 
 
 (a) Such owner shall first obtain the assent, in writlnii 
 
 thereto of (including himself) a majority of it 
 owners affected or interested : or, 
 
 (b) Unless a resolution of the council of the municipalitv 
 
 in which the greater portion of the work is to b( 
 done, ai)proving of the scheme or proposed work 
 shall be first passed after those interested have 
 been heard or have had an opportunity to be hean 
 by the council upon notice to that end ; 
 
 (c) When the engineer shall under section 8 of this Ac 
 
 require othei parties whom he deems interests 
 to be notified, he shall not assess or bring in with 
 out his or their assent more than one additiona 
 intererted person when the majority of those 
 notified and interested are opposed to being 
 brought in or assessed ; 
 
 (d) Unless the assent (by resolution) of the said rauDi 
 
 cipal council approving of the proposed extensii 
 to the lands of other interested parties s 
 first pajjed after a hearing or notice as hereinh 
 fore provided. 46 V. c. 27, s. 6; 50 V. c. 3' 
 s. 3 • 52 V. c. 49, s. 1. 
 
 7. An occupant not the owner of land, notified in 
 manner provided by this Act, shall immediately notify tJ 
 owner thereof, and shall, if he neglects to do so, be 
 for all damages suffered by such owner by reason of suJ 
 neglect. 46 V. c. 27, s. 7. 
 
 
 
 ^m 
 
' ! 
 
 and tl\e owners respec- 
 r'ineev appointed by tbe 
 i to appoint aday in which 
 in the requisition, which 
 e than sixteen clear days 
 a copy o^ '^''^^^^ requisition, 
 s before t\ie time apvointed 
 n such requisition a notice 
 miring their attendance at 
 d nevertheless, that when 
 obtain an outlet, that the 
 ov partly through the lands, 
 mer tirst mentioned mthis 
 , shall not be tiled, unless; 
 
 ,tain the assent, in siting, 
 himself) a majority o? the 
 jrested; ov, 
 
 . council of the municipality, 
 iovtion of the work is to he 
 C scheme or proposed work, 
 after those interested have 
 adanopportumtytobeheard 
 
 notice to that end ;, 
 L under section 8 ofthisAcJ 
 \l ^hom he deems interested 
 AWot assess or bring in jitkj 
 
 .more than one additional 
 :^tnt"e majority oi those, 
 
 S are opposed to bemg 
 
 "Solution) of the said MM 
 JL of the proposed e« 
 r^irterested parties shal 
 
 . 1. 
 
 fi land notified ifl^^ 
 ;t, Shall ^ Ijj^u 
 
 g (3) 1 DITCHES AND WATERCOURSES. 1111 
 
 g__(l) The clerk shall after receiving the requisition, Out'e* of 
 fortiiwitli notify the engineer by registered letter, enclosing""*'"**'" 
 a copy 0^ the requisition ; and, on receipt of the same, the 
 eiiinneer shall notify the clerk, in writing, naming a time at 
 ffhich lie will attend ; and, on receipt of this notice, the clerk 
 ohall tile the same with the requisition, and shall forthwith 
 ^nd a copy of the notice of lihe engineer by registered letter 
 to the owner making the requisition, and the engineer 
 1 all attend afe the time named in said notice, shall examine 
 ,| pieuiises and, if he deem profter, or if requested by any 
 f the i)aities, shall hear evidence, and is hereby authorized 
 inpxaniiiie the i)arties and their witnesses on oath, and may 
 dniinister an oath or affirmation as in Courts of Justice, and 
 •J l,e shall find the making, deepening, or widening of the 
 (iitcb or drain necessary, he shall, within thirty days after 
 the day of nieetijig named in the requisition, make his award 
 ;nwritin<^ (Form E or to the like effect) specifying clearly 
 the locality, description and course of the ditch or drain, 
 tiointof commencement and termination of same, the portion 
 of the ditch or drain to be done by the respective parties, 
 and the time within which the work is to be done, the 
 amount of his fees and other charges and by whom to be 
 \- and he shall have power to adjourn the examination 
 and may require the notification and attendance of other 
 ties whom he deems interested in the ditch or di'ain, such 
 I other parties to have at least four clear days notice of time 
 Ld place of attsndance. 46 V. c. 27, s. 8; 50 V. c. 37, 
 /52 V. c. 49, s. 2(1). 
 
 ! ; n\ 
 
 (2) In no case shall the engineer include or assess the lands 
 [lying more than fifty rods above the point of commencement 
 [of the ditch or drain upon the lands mentioned in the notice 
 |(Form B) provided for by section 5 of this Act, nor the lands 
 Ion either side of the ditch or drain which lie more than fifty 
 Irodsfrom the drain, and only so much within such fifty rods 
 shaving due regard to the nature of the locality and of the 
 loil and the lay of the land and its distance back from the 
 litch or drain as will be benefited by the ditch or drain, and 
 hen only according to and in proportion to the benefit which 
 twill receive by such construction. 50 V. c. 37, s. 5. 
 
 (3) The engineer may by his award direct that any por- 
 
 Bon of such ditch or drain may be constructed as a covered 
 
 ■ain, and shall determine the size and capacity of the pro- 
 
 ied covered portion, and the nature and quality of the 
 
 « !, 
 
 :h'W' 
 
 \ i 
 
 ..!■ .!; 
 
1112 
 
 THE MUNICIPAL MANUAL. 
 
 [8.8 
 
 II: 
 
 Engineer 
 may order 
 opening of 
 ditch across 
 land of a 
 person not 
 interested. 
 
 Roclc cuttin'; 
 may Iw let to 
 contractor. 
 
 Award to l;o 
 flie'l with 
 clerk. 
 
 material to be used therein, but no .such direction shill 
 given by the engineer, if the covering of such |iortion 
 the ditcii or drain would imjiede or delay the free flo 
 the water which the ditch or drain is intended to carr 
 51 V. c. 35, s. 1. ^' 
 
 9 — (1) If it appears to the engineer that the owner 
 occupier of any tract of land is not sufficiently interested 
 the opening u[) of the ditch or di-ain to make him liabip 
 perform any pai-t thereof, and at the same time tlmt it 
 necessary lor the other parties that the ditch or drain sho 
 be continued across the tract, he may avvaid the same to 
 done at the expense of the other parties, and after the aw 
 the other parties may o|)en the ditch or drain acro.>istlietr 
 at their own ex|)ense without being trespassers, but causi 
 no unnecessary damage and replacing any fences opeue 1 
 removed bv them. 46 V. c. 27, a. 9. 
 
 (2) If it appears to the engineei- that rock-ciittin" 
 required to be done, the engineer may get the rock cut 
 blasted by giving the contract out to public competition 
 tender or otherwise, instead of requiring each person beneOt 
 to do his share of the work. The engineer .shfiU, bv \ 
 award, deternjine the sum which shall l)e paid byeachoftl 
 persons benelited, which sum, unless forthwith paid, shall 
 added to the collector's roll, tog(!tlier with seven per cei 
 added thereto, and tiie same shall thei-eupou become, a char 
 against the land of the parties so liable, and sluill be collect 
 in the same manner as other municipal taxe.s. 50 V. c. 37 s 
 
 10. The engineer shall, wihhin thirty days from the d 
 appointed by iiim as named in section 8 of this Act mil 
 and tile his award, and any plan or profile of sail] work wf 
 the clerk of the munici|)ality named in section 6 of this aI 
 and the award, phm and profile shall be otHcial docniDenl 
 and may be given in evidence in any legal procet'diiif^ I 
 certified copies as are other official documents, ami theclq 
 of the municipality shall for thwith, upon the fi line of 
 award, notify each of the pei'sons affected thereby liv leg 
 tered letter or personal .service of the filing of the saij 
 and the clerk shall keep a book in which iie shidi rewl 
 names of the parties to whom he has sent the iiutite, 
 address to which the same wis .sent, and the d:tp \l\ 
 which the same was deposited in the post oflice or pen 
 ally served. 4G V. c. 27, s. 10; 48 V. c. 47, «. 1; oO 
 c. 37, s. 8. 
 
AL MANUAL. 
 
 OUtI Wl viv^Aivj V..VJ J. ICC IIUW Ot 
 
 rain is intended to carry oflf. 
 
 hom lie has sent the unto 
 
 S.1H.J ^^^««ES AND ^VatehcoURSES. 
 
 11. Any person dissnti.sfiod with fi "^ 
 
 tliereby ,n.y .vitl.ia fifteen •'cle • LTT'^ ^^''^ affected Appeal 
 , ercot, ;.p,.ea therefro.u to the Jud^ro of „ T ^''" ^^^'"^ 
 I »f'''^f."""^>^ '" - 'i.^''' the lands r,;^,'t! ?"""t^ ^'-'H't 
 proceedmgs aiv injt.ated, u,,, ,it ..t'. '.3';<^, <^» ^vj.ich the 
 
 1. The appellant shall serve nnnn f J i , 
 cipality wth who.u the a.va.,1 is " .Ir''^-"^ *^^« muni- Notfco t,. 
 liis intention to appeal therefrom d J^"^^^"^^ "» writing ofr'"'''."f 
 |,.>,ndsorappeal.'^' 4G V. c 07;"^ ^'^{^^ ( ««fcting forthVeP^H^'" 
 
 ioiiof tl.(, tinie for W>peaT w!rcf hv'''' "■^''' *^"' expim- Notice to 
 Mver a copy of the nl.tice or ^U^e^lr':^!:^^ /f^^- or K - 
 I MO tliiin one appeal, and a cerfciHn,! ^^ ''' '* ^here l,e f-urt ana 
 
 tie clerk of the Division CV.urt o^t d7:i ■'' '''' ---^^ to'^""-' 
 Iml of th. ou.K.r filin. the rem, ?;'"''"' '" ^^''"■^'' ^^'^ 
 tionGof tliis Act is situate and' r. '^M*'"*^^^'''"^' i" «ec- 
 «! ii.iinediatoly notify the Jud.re ' • .f ^'■'•^"^" .Court clerk 
 tte huhro shall appoint a time iov tL ''^•''"''' ^^^'^'-eufon 
 Itflio think fit, order such sun^ of m '''^ ^^'""''^ ^ '•«', 
 
 iappelLant or appellants to the said clerl^'"^ ^''-.^f '"''"'^ ^^ tJ»e 
 liideiiinity a-ainst costs of the ai,i)e-,l ''VI l^"" "" «ufKcient 
 p); -il) V\ c. 44, s. 2. ^ ^'^'''"''- '^^ V- c. 27, s. 11 
 
 I 3. The Jud^'e shall order the tin 
 
 IfappeiUs and communicate the sanTl ''1'^'' ^?'' ''^'-^nng'Voticeof 
 linsum Court, who shall noUfV *'• ^ "^^^"^ ^^ tl,e "™-'« 
 
 larties interested, in the manner he .'"• ''"^meer and all 
 lemce of other notices u nder this Act 4? ^^'^^^'^^^^^ ^or the 
 
 k The place for hearing sueh an 1 .'* ''' '" ^^ ^^^• 
 
 division of the DiWsfon^ ''^f :^'^ ''^^^" ^'^ '" the ,, , • 
 in. respect to ^h^Z^^^l^^r, "'"''^ *''« ^^^'^ ^-^^"" 
 initiated, are situated (b) %t P''«f ^^'^ngs are '""'"'^• 
 
 h''^ J<- «hall hear and d t ''" '■ 
 
 H^'-l -t aside, alter oT^fimT^r ''f ^^^^^^^ -' ',— 
 hrror the.em, and he mav examine r. /'''''' ^^^'^^^ting •'""^''• 
 t:^ __^^amme parties and witnessed 
 
 1113 
 
 ted by 
 
 Mfi 
 
 i'. 1 
 
 M 
 
 If] 
 
 7 ' I 
 
 ) 
 
 it I 
 
 I ■ ! 
 
 M 1 
 
 ' I I 
 
1114 
 
 THE MUNICIPAL MANUAL. 
 
 1 
 
 
 ^^^^^Bi 
 
 1 
 
 1 
 
 
 1 
 
 
 H 
 
 t 
 
 MM 
 
 \-^ 
 
 W^^^^^^M 
 
 '*>] 
 
 ^^^^^^^H 
 
 li , 
 
 ^^^■B 
 
 V 
 
 B 
 
 ''t 
 
 WKf[ 
 
 ■'-'i-l 
 
 w^Kpm 'i 
 
 m 
 
 M^Hjgy- 
 
 TiinH within 
 « hich appeal 
 to L)u lienrd. 
 
 [8.11, 
 
 on oath and, if he ao pleases, inspect the pieiuiscs, reimii' 
 the tittenclanoe with him ofe*the engineer, aiid um., „,, i 
 payment of cost^ by the parties, or any of tliein, aiul Ijx tl 
 amount of feuch costs. 46 V. c. 27, s. 11 (4). 
 
 6. It shall be the duty of the Judge to lujai- and deten 
 ine the ap[)eal within one month after icceiviiifr n^tj 
 thereof as provided by tliis section, but his neglect or om' 
 sion so to do shall not render invalid the hcarinrr or iW 
 mining of the appeal after the lapse of that time ; uvovidp 
 always that the Jutlge may, if in his opinion it will be mn, 
 convenient for the parties coiicerned, lix as the time in 
 jdace for heai-ing the rtp[ieal a sitting of the Division Con 
 of the division in which the land of the person "ivinfr tl 
 notice of ap;!c.-al is situate, notwithstanding the time so'five 
 may be ni(jre than one month after the receivincr q( fi 
 notice, and the appeal may be heard eitlier before or aftf 
 the regular sitting of the Court. 48 V. c. 47, s 3' 491) 
 c. 44, s. 1. 
 
 6. The award as so altered or confirmed sjiall be certifief 
 by the clerk of the Division Court to the clerk of the iimiii 
 cipality, together with the costs, if any, alloNved and h\ 
 whom to be paid, and the award sh.ill l)e enforced as the 
 award of the engineei", and the time for the -Jompjetiuii u 
 the work thereunder shall be computed fioui the date 
 such judgment in appeal. 40 V. c. 27, s. 11 (5), 
 
 12. The clerk of the Division Court receiving the iiotici 
 of appeal may issue under the seal of the Court, siihiicenai 
 to witnesses, and the bailiff may serve the same' whicj 
 subpanias shall be in the ft)rm, as nearly as may be, of tlin 
 used in Division Courts ; and non-attendance or disoliedicna 
 to a subpoena may be punished in the same manner as iui 
 case in a Division Court. 49 V. c. 44, s. 3. 
 
 13. It shall be the duty of the municipality, through tli 
 treasurer thereof, to ]iay the contractor foi' the work as soq 
 as done to the satisfaction and upon the certificate of tli 
 engineer, jiending the subseque • collection thereof as afon 
 said. 50 V. c. 37, s. 7. 
 
 .J. 14. The municipality shall, at the expiration of the tiij 
 fees. for appeal or after appeal, as the case may be, pay to I 
 
 engineer his fees, and also pay to the person declared toj 
 entitled to the same, any fees or costs awarded or adjudi 
 
 Award as 
 altered and 
 eonfirmed to 
 be enforced 
 as original 
 award. 
 
 Compuiling 
 attendance 
 of witnessus. 
 
 Payment to 
 contractor. 
 
 
L MANUAL. 
 
 ion Court receiving the notici 
 lie seal of the Court, siili|Keiiai 
 ' may serve the same ; whiclj 
 n, as nearly as may l)o, of tlios 
 non-attendance or (lisDliedicncj 
 ed in the same manner as iuj 
 9 V.c. 44, s. 3. 
 
 ^'TCHKS ANn WATERCOURSES. 
 
 llltf 
 
 s, 16.] 
 
 to him and sbaJl, unless the sam« K. * .. 
 
 person awarded or adjuj^jed to \! ^°''*/^^ith repaid hv th« 
 
 lands of the person awtti.rlo,i ",*^ a charge n«Hino^ li! 
 and the same shaHtCelfn V^'j^^ged to payT!"^ *^^ 
 
 15— (1) The engineer shnll * i 
 limited by the award for tlJn , • ^'^P^'ation of the ti^ 
 t^editchordrain, irre^'r^ ^ \:?^;? ^ ^ll^orl t^^^-^p^-;;^. 
 plrtjes interested, (c\ and if 1,. <: I * *° ^ do by anv „f », ™ "nm-i 
 Lofnot compfeWdt Heel *;;''' "'•'',"'"* ^ «; If .^t ."!ffi""" 
 
 I.. .I» »...e, in seeti„„3, :r; t Zld' „'Ir "'"-^^ 
 
 lowest bidder therefor takin,, ""^^6" »i the award tn *i ^"""e- 
 
 - "-f r't'"" t'.e\t7to"t,S.f ^*'» Pe.W 
 .ms..y, but no such letting sl,„li ! '"', "" *" >""y deem 
 <hr .ys' notice in writing f/'h.'i.^^ ,PT ''" "''« C 
 
 Mdof tlie wort, and notice tZjc^"^ '" *''<> "eiglibour- 
 I* to .,01, parties interXTsaid ;"" ^ '•-«''"- d 
 resAnt n, s«,d municipality ■ but if ,7 ™"' «" i™ "on. 
 .(.he fo,,» M. of tl/e pe -son do ,:''!,r"«'"'f' • "'^ ""♦Wed 
 "H. reason for tlienonooniD!rf,v,^i° "'""''. ""'l ti.ere 
 feret.0,, extend such tin^r^ev^'Tl' I3 ""^' ''"'''' 
 
 B Tlie engineer may let ti,^ ,,■' '^' 
 J"""" '''«•"> time or oftener if ^."""'"'"d directed to 
 
 t ' ''""' "' "*'*'— ■""dife^n-irv^ ■;!' 
 
 I 16. The engineer shaJ] unn • 
 
 ff the final con.pletion of the wo,'k'nl^°^ "?*'"" ^" ^^'"i^'ng mspeot.on 
 
 ksectiou nisjiect tl,e same with n T """'.^^ i" tJ,e preced "'^^"^y 
 
 ft to he clerk of the municinnliH ' • ^^ "' ^^^'^tmir the 
 kte for each portion or sec£ if ' ^'7f ^ ^^P^^'-^te ce! 
 form F or to the like effect ) an , < 'T^' ^^^ ^"^1 coaipleW 
 hcate of the person who did f ''"'^^ *^'« "^"'^ in eac^ 
 
 if) The provision no +^ • T"" ' ■ 
 
 fr..--, (,„.;,,«, ;rS, t «- section a../,;e:',;' S^- 
 
 '• V '11 
 
 
 ■Ji 1 W 
 
 I 3 
 
 i 
 
1116 
 
 TIIK MUNICIPAL MANUAL. 
 
 I'oiinlty for 
 ^iolntlon of 
 
 17- Any engineer vlio wilfully nt'glects to iiiitko tl 
 HH. isii.ui in. HpccHon icfjuired by either of tli<^ {jreeecHlin-j; two sect j,,, 
 tliii'fy (lays uft*;!' lie lias received I lie wi-itten notice nioi,*: 
 therein, sluill he liable to a due of not less tlinn s,, |„^,. 
 than !?10. to bo i't!eovei(Ml with costs on '(impinin^ 
 bef()r(! one of ICer Majesty's Ju.stices of the iVnct; hi ' 
 jui'istlictiou ill the matter, and in (U'lault of iniyinenf 
 .sanK! shall be recoverable by distress, and evcrv sui'ji f 
 shall bo paid over to the treasurer of the iiiiiiij(ii,;,|;f.. 
 which ho ollenco arose. 4!) V. e. 44, s. 4. 
 
 Payment of 
 
 and other 
 perBOUB 
 
 ^'■^j 
 
 anS.iu!. . .18. -(1) The council shall, at their meetin.niext after 1 
 to ciiK'iia*!- liliii^' of the certificate or certificates mentioned j], j,,,„x 
 
 1(5, p'ly to the (Mij^dneer his additional fees tiici'cin inciilii 
 
 and forthwith thereafter may pay to any [tersuu tbe iiiiioi 
 
 which, accordin;^ to snch certificate, lie is entitled to nvo 
 
 for any work mentioned in section 1 (», and tlioroat'tcr i 
 
 council shall, unless the amount or amounts iiMiucd in \ 
 
 cerLiticato or certificates, inchuling such iulditionaj fees 
 
 forth vvith paid by the respective i)arties declared in l 
 
 cerlifit-ate or certificates to be liable to p;iy the sainc (.», 
 
 the amount or amounts and fees to be added to the collci'to 
 
 roll, together with seven per c(,'nt. added tlajreto auil t 
 
 same shall tiiereuj»on liecome a charge against the laniLsl 
 
 the parly or parties so liable, and shall lie collected in' 
 
 same mann(?r as other municipal taxes, and wlien idJlccJ 
 
 shall be paid over to any person entitletl thereto 47 y 
 
 43, s. 2 ; no V. c. 37, s. 9. 
 
 (2) To r<Mnove doubts and to prevent delays aiifl nvl 
 expense it is declared that no action, suit or prcceediin'slf 
 lie ov be had for a mandamus or other orfh;r of the 111 
 Court to enforce or compel the performance or coinpJetioJ 
 the work by the award or certificate of the engineer mi 
 tioned or directed to be done against the person l»y tlieaJ 
 or certificate directed to do the work, but the [lerfornianq 
 the woi'k shall be secured and the payment therefor enfbj 
 and collected in the manner provided for by this Act. 
 section shall not ujiply to or affect pending suits, actioij 
 proceedings. 52 V. c. 49, .s. 4. 
 
 19. — (1) Notices under the provisions of this Act 
 be served personally, or by leaving the same at the plaj 
 abode of ihe owner or occupant, with a grown-up m 
 residing thereat, and in case of non-residents, then upoi 
 agent of the owner, or by registered letter addressed 
 
 Service of 
 notices. 
 
MANUAI- 
 
 [s.l7. 
 
 ly lu'gUicts to miiko tlio ill 
 i> prei'i'fHlin^ two HcctiuuH fov 
 ]\o written iinticf incnlioiK'd 
 )t' not loss thuii s.) uui' \m\v 
 \\ costs on complaint madi' 
 ListiccH of tlici Police having 
 in dol'iiult (tl' payuicnt the 
 lirttrcss, luwl ovci'v such tiiio 
 uircr of tho niuiiicipalitv iu 
 . c. 44, s. 4. 
 
 t tlieir meetin<.' next after the 
 itioates lucivtioncd in section 
 litioTiiil feos therein nientioued 
 pay to any p^i'son the amount 
 icate ho. is entitled to i'(!eeive 
 ection l<s :ii"l thereat'lcr the 
 int or amounts nan\eil in the 
 Ivulinf such additional fees, is 
 r-tive parties dechired in the 
 1} liable to p:i,y the same, ca ;;<(; 
 .es to 1)0 added to the colhvt us l 
 • cent, added th(;reto, and tliej 
 , ,^ fhargc against i\w. land- ofj 
 and sliall l)e collected iu i!i9, 
 i'p'al taxes, and when e(.llecte(| 
 •son 
 
 entitled thereto. 47 V, 
 
 d to prevent delays and avnij 
 o action, suit or proceeding sliai 
 VIS or other order of the ilijl 
 he performance or couipletipii ( 
 ^ertiticate of the enghieer iq, 
 e at^1inst the person hy the imj 
 
 the%vork, but the performancej 
 nd the payment therefor enH 
 .provided for by this Act. IB 
 or affect pending suits, action? 
 s. 4. f 
 
 the provisions of this Act sj 
 V leaving the same at the pW 
 ;cupant, with a growu-up pe« 
 ,se of non-residents, then upon 
 registered letter addressed to f 
 
 1117 
 
 'Vice of 
 
 ^.23.] ^'^^"'^« AND VVATKUCOUUSKH. 
 
 mm ut the post otVu-.a no/irp^f tr, i • , 
 
 abode. 40 V. c. 07. s. l^t '" '"' ^•''' ^<"»wu,plH,., of 
 
 .I.all inoludo u person who do " ,^ r ,S'"^.'?^ ^'''« «-tion n.&,.„t.. 
 cipahty m which M„, I,„„i^ wl„V. '" ''''^''''» <-I'o inuni """""on. 
 
 i"-i-to£ which p..:!:,;:^:' , : -- -e situut:';;;;i-"-'-" 
 
 under (ho provisions of this \,.t i '"" ^'* '^^ t'tken 
 
 aho.leora,Hni.msidenti,siK)t^laio\vrnoH '"'" ^'l" l'''^^'« of 
 visions of this Act m,uii-i,H, to ho J.... '''" ""''*''" t'<onro-««>-vic 
 'lent n-ay he served in suc7, n, ' ^ ''n" ■'^"^•'' mom-,^o1^. '"'"- 
 County Court may direct. 48 V. c 4^8 4 "^ "''^''-' "^' ^lie 
 
 20. Kvry n.u.iicip.-ij cornonitio., vl, II , 
 «llti.erightsHndprivih.,Jofthi.sAc^^^^ 
 
 prties to the agrei-inent or award m.r]\ "•>' '"' >',ade ;"',r''"'^"^ 
 
 .o.nierof the highway for th ;.: "Lf :;^ J^': con.idere.l ^r"- 
 sliall ni a 1 respects he i„ the sun e pSo, "' .'^^^' "»^l ■'"■"'"• 
 
 owner. 46 V. c. 27, s. 17. Position m an individual 
 
 21.— (1) In any case wlieie ■iii o v 
 
 Wen or may ho constructed under tl.V!!.-' v.V "'" '''■'^'" '"^s Pow^r aa to 
 any person tlHough wJioso lands ,sucJ tr''" /'''' '^'*' ^"^'^^^ 
 been opened, may, witli the eon>;cnt of f ""' '^'^''' ^"is 
 
 min.c,|d,ty convert so much of sucJi ditch "''T''^'' "^' *'^e 
 |tl..ou.h tl... lands of such pe,.on iulr^ n':;!;Z^^2;'' ''""^ 
 
 (:')Tiieen-ineer, l,cf•olom•vi„„^,• 
 bl.ortion of the ditch or "dru!lr whil "''"'' ^''""^" ^'^^^«^"^e 
 )ve.pd. and ..hall dotcnnine the sJ n i '" ^'^^J^^^^d to he 
 ml cov.red portion of the draii "or r^'""';^ "^" ^^'^P»-o- 
 rnl quality of material to ho used fL!.J \ ''"'* *''^ "'^tu^e 
 ht.shall he given by tlie en^We, i^''t?i' ''"* ".'^ --'• ^on- 
 Jortion ot tlw ditch or drain would 1 ^'^vering of such 
 
 fcw of the water which the itcl 'o "d "'' '^^"^ ^''^' ^'"^e 
 InyoU: aO V.c. .37, s. 10. ''""" ^« intended to 
 
 1 22. The engineer shall file with f},^ 
 
 »lity (if such consent be giveiT) a Lit "f^ "' ^^^« ">"mci- '^-nsent 
 
 irticularsin accordance with fi . netting forth thpF'l"" a^"<J 
 
 <''! 
 
 Iff 
 
 ..•.{j 
 
 •u.l 
 
 > i| 
 
 ^! 1 
 
 ' h^":i 
 
 ^ ^ 
 
 lif'l 
 
 ■i I' 
 
mi 
 
 am 
 
 I 
 
 1 !|v 
 
 It 
 
 IS' 
 
 
 If 
 
 
 I'ayinent of 
 hen and 
 expeniei. 
 
 Flow of 
 watur not to 
 be impedeU. 
 
 1118 THE MUNICIPAL MANUAL. 
 
 owners intorosted wIioho li Is are Hituato above his r 
 the time when the etij,'ineor will examine the dniin an 
 also notify the engineer when the work is completed 
 bIihII not 1)0 nece.sHary for such poi-son to take tho proce 
 provided in sections T) and 6 of this Act, and siu'li 
 shall be liable for tho fees and expenses of the oiimiie( 
 if not puid by such person to the (ui^ineer, tlm fe 
 expenses shall be collected, as provided for in this Ac 
 V. 0. 37, 8. 12. 
 
 24. Huch person (and the subsequent owners) shall 
 tain and keep the covered portion of the drain of sucli 
 cient size and capacity as not to imj)ede or delay tho fn 
 of the water above the covered portion or brouf,'lit tliei 
 said drain ; and any damages occasioned by tlio iie(r| 
 failure to so maintain and keep such portion of tin; m 
 capacity aforesaid shall be payable \)y the owner of th 
 upon which the insutticient or imperfect ]»ortioii of the 
 is situate. 50 V. c. '67, s. 13. 
 
 25. In case any person during or after tho ooii>itrucj 
 tho ditch or drain herein provided for, desires to iivail 
 self of such ditch or drain for the purpose of (Iniining 
 lands than those contemjdated by tho original nioceo 
 he may avail himself of the provisions of this Act as 
 were or had been a party to such original proceedinf.' 
 no person shall make use of the ditch or drain constl 
 under the provisions of this Act, unless under agre'iii 
 award pursuant to its provisions as to tlu^ use of laj 
 others, as to the enlargement, if such lie neccHsiiry, 
 original ditch or drain so as to contain iulditionall 
 therein, and as to the time for tho completion of sutli e| 
 ment. 46 V. c. 27, s. 18 ; 48 V. c. 47, s. 5. 
 
 KntTnued 26. Notwithstanding any of the lands thrnu,<{li wl,. 
 Into adjoin- drain is required, are situate in a municipality iidjoiiJ 
 paut^s." " ' ^^^ ^^ which the original proceedings were coniineiicl 
 engineer shall have full power and authority to contif 
 ditch or drain in and through so nmch of the lands/ 
 adjoining municipality as may be found noces.saiy, 
 proceedings authorized under the provisions of tbis , 
 to be had, taken, and carried on in the munici|)alit\j 
 commenced ; but in such case the clerk of the umnf 
 shall forward to the clerk of the adjoining ninnicipalJ 
 tified copy of the award, as made, confirmed, or altej 
 
 Per«on* 
 deAiring to 
 uie ditoh or 
 drain after 
 •oiiHtruc- 
 
 tiOD. 
 
 
 
PAL MANUAL. [k 23. ■ I. 26a (3)] DITCRS AN,, WATKHC0UHSR8. 
 
 Jmll (iIho forvanl to liim „ cprfci/i ] 
 
 of tl.. OHKin-er vvlWcl, affocts .„. .vLtoTLl/'^'T^' c-rtificato 
 
 ii)iiiii.M|.iil council slinll, „„i,.^^ .|,„"* tliuivof ; ,„„! tlm 
 
 Id lueii taki'M u.KJ carried on in H.„ P ^''*' P'"^'^'''' liners 
 
 I ^6 V. c. 27, s. 1 9. "' ^''« -Jlo.nu.g nunuci,,ali[f 
 
 i26«.l— n) Tnunv,.,.e.. ...i._ 
 
 ]11» 
 
 [26 «.]-(!) Tn any disc wJioron rJ,...; 
 raa'l" .'.ul .•onstructod, or whvl,l "'' '^'*«^' ''«« been u- 
 
 illy 
 
 lor 
 [or 
 Ituo 
 
 •liny 
 
 C()|I8|(|. 
 
 . ' , ' -^i^w or extent fid ni. »rl >'""«'Wliis"'^'"fhei 
 
 Ini." l.ns Loon n.ado nnd.r the prov^sio.Ts nf%^"- '""'"•- ••-'•-e^ 
 .ranv prcvH.us Act rospectin- ditchnr . ^ ^'"'^ Act! f-'^'i-.«ii 
 r,.K,- l,er^. t.r he so n.ad,. and a^trucUW ^f'^''^"" •-«--;";;:;, 
 ^oli<lnm.,.htclM,runder-d,.ain cro k n " f ' ""^^ ^^■''«'» "n; '"•'," 
 ■canyotrtJu. water it wan or i:ina iv XT '"r''''^''''"-'^ ''"^ 
 Lyone of tl.e owners intcrcstc i {|,. "'^"'"•^. **' ^•'^n-y otK 
 fcteh.litol, .Irainorunderdrain o ' h'"'^'""' ^^'^^^ru^tion 
 Igorextencling of any such creek o/ u.;« '■^^'''"''i^'' ^^'■<Jen. 
 Ve acquMod the ownership of the 1.1,^1?^" "■"''' ""'' '"'^'^ »'ay 
 ^the fino of the nrnkini^ and cor tn t ' ^^T''''^' ^'^ ^^''''ch 
 .1.1.. for tho cost of tlursanu,, n '' 'it" ,?^«"« ! -ork.s was 
 psulemtum of the award o,' nLM-eem.^triT''^"'^''^ ^"'^ *''« 
 k(l 1.1 order to do so, such owner thai t Z "" "-'''" ""^^ »'«, 
 Ls ,„Kl n. tlu, sanu. fonn and nlanni Vs' do" "'"'" '"•'^^-^'- 
 Vongii,,.l oponni^. and nrnkin^ of such ff<l '" '''''' '^•^'*^ *« 
 
 Ifept .V li.Toinafter p.-ovided •^'o''<^»'«ntionecl work, 
 
 1(2) More any of the afoi'fiv..„M ^ 
 
 L shall upo^ notice in r;in:1;Tr '''''^' --^' — . 
 Iteiinappl.cMM.n to the cou.iciJ , j. , ^''''''^'^^ mtei^.-sted ;'''f''i" report 
 M tlu. la.Is are situate ; uj^ L^ ,n^tir""'?'^'^ '^ '--"" 
 ^ owner, the council, if sa isHed th.t^ ^he complaint of 
 hablo grounds for co„,pIaint, n 1. orl n'^ ""'''''' '"'« 
 h - o.x.-uai.,ation of L.ch I ^j^ " ^' ^''« ^"•A'H.eer to 
 Ik or warn-n.urse, and to nv.ke n '.. T "''<!«''--cl'ain. 
 
 IfOMd.'chii sub-section 1 of t?.,'- i- ^'''^"■''^•f'^^'''"i^s ''"■".naM;! 
 
 '^'i"ui.eaM»„oca„»e„fc„,„p,ai,;;:;;;i;;;,;^;^-;c«.,.. 
 
 M. 
 
 Ht'i 
 
 f: 
 
 "l^i t 
 
 ,JI. 
 
 :>r' 
 
 7? Hi'j 
 
 . 'i; 
 
1120 
 
 THE MUNICIPAL MANUAL. 
 
 When pro- 
 3 vdings 
 mn.v ba 
 taken. 
 
 Costa of 
 miiintenancH 
 auii repairti. 
 
 [s. 2Gf, 
 
 sliall pay tlie whole cost inouiTed, und if not foi'thwitb 
 by luni, it shall be entered in the collector's roll in acconl 
 with sections 14 and 18 of [this Act.] 
 
 (4) No proceedings shall be taken under the provision 
 tliis section betbre the o^pirafioii of three years aftc ■ 
 completion of such work in the iirst instance. .')2 V. c 40 < 
 
 [26 b.] In order to remove all doubts as to the uiaintaii 
 and keeping in I'opair of any ditch or drain, whcthov citv. 
 or o])>"n, or ot any creek or watei-coui'sethathas beiMi dceno 
 or widened, under the provisions of 77*^ Ditches and 117/ 
 \ coM>'.';e,s' /1(!^, before the year 18S3, it is herol)y dHclarccl t 
 tho cost of maintaining and keeping in repair any siicb. ditel 
 (h-ain, wlietlier covei'od or open, or of any such ciei-k oi- w.i^ 
 course shall be borne by the respective owners, in .sudi nrnr 
 tion as is provided in the original or any anieiidiurr d^y.,, 
 and the manner of enforcing such rei)airing and ni liutain 
 shall bo as set forth in sub-sections 4, 5, G, 7, 8 and 9 off 
 ;ion4 of [this Act.J 52 V. c. 49, s. G. 
 
 Scale fees. 27- The fees to which the etigineei- shall been titled urn 
 this Act shall be such as shall be fixed l)y by-law or resoluti 
 of tho council, and in case no such fees are lixed by thecoi 
 oil the same shall be his legally authorized tees foi- siinj 
 work, or such less amount as may be agreed upon, anc 
 fees to witnesses and for the service of papers anthorizec 
 the Division Conrt clerk shall be the same as those all( 
 to wit!1":;.^es, and for similar services in the Division Cc 
 46 V. c. 27, s. 20. 
 
 O'-'ar days. 
 iiieaniDg of. 
 
 Application 
 of Act. 
 
 [27 («)] In all cases when in this Act any paitieular i 
 ber of days expressed to be " clear days" is presciihci 
 same shall be exclusive of both the first and last day. ; 
 c. 49, s. 7. 
 
 28. This Act ahall apply to deepening or widening a 
 or drain. 50 V. c. 37, s. 15. 
 
 FORM A. 
 
 {^Section /).) 
 
 Townsliii) of 
 
 VVliereas it is found necessary tliat a ilitoh or Jrain sliouj 
 made (deepencMl, or widened) on lot No. in the cunca 
 
 (if the townsbio of und it is necessary to continue tiiel 
 
MANUAL. [8. 2G(t (3) 
 
 iviid if no^ f ovtliwith paid 
 !uectov's roll iu accovtlauce 
 
 ct.] 
 
 ei\ nncler the provisions of 
 ^ of t^ii'ee Vt^'.u's a?te"the 
 .tiiistaAice. 52V.C.W.S.5. ■ 
 
 \oubts iistotlienumitmniii>5 
 •h or (irain, wlu'tV.L".- eovt-vw) 
 'ouvset\iat\Kvs be.u d.>ev»ued 
 , of 7Vif! Dttche!< and nni";!-- 
 '3^ it is ii<"re\)V dpcliiivd lluit 
 I' Uu repair any suchAitcliov 
 .v"of auVBUcii creek ov watHV- 
 
 ,.ctive owners, in suclM>"rv- 
 ^^,,1 or any ameuavug amvd , 
 eh rcpairiui^ '^"^ m^untaunu, 
 1 5 C), 7,8aua9,oU,r- 
 
 49, s. G. 
 
 .ncineor shallheen title.Va.der 
 
 he iiKe(\bvby-\=i^v or resolution. 
 
 '^Sif^^es-reiixeabythecouu- 
 
 lU authorized fees ior simikr 
 
 ^^;^ ' be agreed upon, and t e 
 
 ^;Xoof;.MHM-sauthor>zodl,y 
 
 \ be the same as those al n.o 
 
 le..vice. iu the Division Couvtj 
 
 iuthisAotanypaiiieuwJ 
 
 V ,. fVivs" ii^ prescii\)i'«l tliJ 
 "clear a.iy^ ' i -oyJ 
 
 .. n,. HvstaudUstday. o-^l 
 
 Form C] 
 
 DITCH KS AND WATERCOURSES. 
 
 1121 
 
 ,th the tirst 
 to deepening 
 
 or widening a ditcM 
 
 through lot number in the conoession of the township of 
 
 (if more than one lot dexcrihe them). 
 
 Therefore we owners of the hind hereinafter described, do 
 
 j^ee each with the other aa follows : 
 
 That I. owner of (dcscrihe lot) agree tliat I will 
 
 ke (deepen or widen) and maintain that part of such ditch or 
 Tim coniniencing at stake number one planted {dencrihiiKj the lora/it;/ 
 %nhl'*takt) and thence to stake nundicr two, and that said portion 
 t 'aid ditch or drain shall be [dtxcv'dniuj the dipth and iridfh) and I 
 '''" owner of (ifi>'i»<j the nanii- of each jwrson, the /and oieaed bi/ 
 k'l the nortioii of work (isnii/iied, its depth, iridth, etc.), and each of 
 us agrees to 
 before the 
 
 Witness. 
 
 have our said resyicetive portions completed on or 
 day of A.U. 18 . 
 
 Dated, | (Signed by the parties.) 
 
 \ 
 
 46 V. c. 27, Furia A. 
 
 FORM B. ♦ 
 
 (Sectionti ,'j, S.) 
 
 Township of 
 
 gii'^ — As the owner of lot number in the 
 
 1 concession of tlie township of I rdtjuire to construct a lUtch or 
 
 Mvn through said lot, and lind it necessary to continue tlio same 
 tkouk'li your land, being lot nnml)cr in the concessioii 
 
 nt tlu! township of under The Ditches and Walercourses 
 
 I if/ and request that you will attend at on i,he day 
 
 I j '" 18 at the hour of o'clock, in the noon, with 
 
 [the obieot of agreeing, if possible, upon the respective portion of 
 Isuoli ditch or drain to be made, deepened or widened by the several 
 I parties interested. 
 
 Dated this day of 18 
 
 Y ours, etc. 
 
 46 V. e. 27, Form B. 
 
 FORM C. 
 [Sections 5, 6.) 
 
 9 
 
 
 l.p'1 
 
 '\r 
 
 M^:. 
 
 f;. 
 
 11 
 
 Ol'vM A 
 
 tion '•'•) 
 
 I''' 
 
 '^'«^?'' \h or drain slmlA.^ 
 fary that a ditoh 0^^ 1 
 
 it ia iiecessaiy 
 
 Clerk of the Municipality of the 
 , S:e,-As the owner of lot number 
 
 of 
 
 : ;'■ 
 
 in the concession of 
 
 Be township of I require to construct a ditch or drain through 
 
 lie said lot and it will be necessary to continue the ilitch or drain 
 irough the following lands on lot number in tlie conces- 
 
 bu of the township of owned by lot number in 
 
 |e concession of the township of owned by (de.^crihe 
 
 Ifkktthmwjh which the ditch or drain mitd be continued, and the 
 
 141 
 
1122 
 
 THE MUNICIPAL MANUAL. rPoRM f 
 
 name of the owner of each parcel), and having failed to aer 
 the rdspective portions to be made by each, ' ' I request that th^ ^^^' 
 ueer appointed by the municipality be asked to appoint a \ ^"^' 
 which he will attend at the locality of the said propoaed d M ^ 
 drain, and examine the premises, hear the parties and their w't ° 
 and make his award under the provisions of The D'UcheH andW^^^ 
 courses Act. '*'^' 
 
 Dated 
 
 (Signed by Party or Parties.) 
 46 V. c. 27, Form 0. ; »2 V. c. 49 a 
 
 2(2). 
 
 FORM D. 
 
 {^Section 6.) 
 To 
 
 Take notice that the engineer appointed by trie municipalit f 
 the purpose will attend at lot number in tlie ,.7^., ^ ■ 
 
 of 'on the day of A.D.18 at tKro 
 
 o'cloc': in the. 
 
 noon. 
 
 ditch or drain and make his award therein ; and you as the o • 
 of {(h'icribe the lot) which may be affected thereby, "are requesteTt 
 attend (with any witnesses you may desire to have heard) at s 
 time and place, *" 
 
 Dated 
 
 Yours, &c., 
 46 V. c. 27, Form D. 
 
 FORM E. 
 t 
 
 {Section S.) 
 
 I the; engineer appointed by the municipality of the town 
 
 ship of iu the county of under the provisions of Th 
 
 Ditches and Watcrcoitrscx Act, having by the requisition of 
 owniT {or owners) of lot number in the conceijsion of th 
 
 township of tiled with the clerk of the said municipaliti 
 
 representing that he {or they) required a ditch or dniiii on said ]o' 
 and that it would be necessary to continue tlie ditcli or drain tiiroii' 
 the following lands on lot number in the concession oft 
 
 town.ship of owned by etc., did attend at the time ai 
 
 place named in said notice, and having examined the hicality of sal 
 ditch or drain, and heard the parties and their witnesses ((/'««« 
 find and award as follows : 
 
 Tiiat lot number in the concession of the towi 
 
 ship of would be Ijenefited by, and requires a ditch or drs 
 
 {or the deeppning or widening of a ditcli or drain, if already niadi 
 U> enable the proper cultivation or use of tiie said land, and I lii 
 that saitl ditoh or drain will require to be extended across the lai 
 of being lot number in the concession of 
 
A.L. 
 
 [Form C. 
 
 having failed to agree upon 
 h "I request that the engi- 
 asked to appoint a day on 
 the said proposed ditch or 
 le parties and tlieir witnesses 
 18 of The Ditches and Water- 
 
 Party or Parties.) 
 
 .; 52V.C. 49,s.2(2). 
 
 0. 
 6-) 
 
 .Tjointed by tiie municipality for 
 ,er in tlic concession 
 
 A D. 18 at the hour o{ 
 
 ^xamiiie the site of the proposed 
 ' therein ; and you as the owner 
 fected thereby, are requestea to 
 ay desire to have lieard) at saul 
 
 Yoiars, &c., 
 46 V. c. 27, FormD. 
 
 M E. 
 
 \on ^•) 
 
 lwthemunicip:aitypfthetov|nJ 
 \^ under the provisions of i^ 
 Lvil^e by the requisition of 
 kvinfe . [\^Q conces.sion of M 
 
 L olerk of the said municiimlityl 
 r • 1 a ditcii or drain on said loJ 
 P' Hnue t he Utch or drain tliroiJ 
 ■coutmuttut ^.^j,,,39ionoftkl 
 
 7 f P did attend at the tune ani 
 I '^•^"^exinnedtheh.calityofsail 
 fe'aS their witnesses iU ad 
 
 .l,p concession of the tod 
 
 ' *' 1 ..pnnires a d tch or drad 
 
 I a (litcu " I |,^ J „/, I iJ 
 
 Form F.] ditches anc watercourses. 
 
 icrosB the land of being lot number in the 
 
 concession of the township of (and so on, giving the name of each 
 
 rtiwiera'"^ ;o< to termination of said, ditch or drain), and I award the 
 nuking of said ditch or drain (or the deepening ore widening as the 
 
 case may be), as follows : — shall commence at stake 
 
 umber one planted (describe with reasonable certainty where planted), 
 
 "nd shall open up and maintain a ditch or drain (describe width and 
 
 Ipf/i), to stake number two planted (describe where planted, distance 
 
 Id dlrecti<^n from first stake), and said portion shall be made and 
 
 completed within (name time loithin which U> be completed). That 
 
 shall commence at stake number two, above described, and 
 
 hall open up and maintain a ditch or drain (describe width and depth) 
 
 to stake number three planted (describe xvhere planted, distance and 
 
 i'w'tion from stake number two) and said portion shall be made and 
 
 compl'iteil within (7iame time, etc.) That shall, etc., (a7id so 
 
 into the termination of said ditch or drain). 
 
 That my costs attendant upon the examination, and making of 
 tliis award are and shall be borne and paid as follows, (give the 
 
 uw of the persons to be charged thereioith, and the portion to be borne 
 
 ^ wh). 
 
 Dated this day of A.D. 18 
 
 Witness I (Signature of Engineer.) 
 
 46 V. c. 27, Form E. 
 
 ITo 
 
 FORM F. 
 
 {Section 16.) 
 
 Clerk d the township of 
 
 I hereby certify that has completet'. certain work which 
 
 ier my awanl dated the day of A. D. 18 , one 
 
 was ordered and adjudged to perform, and which the said 
 having failed to do was by me subsequently let to the said 
 for the sum of and the said is entitled to be paid 
 
 le said amount. 
 
 I iurtlier certify tl.at my additional fee* are and that said 
 
 lount and said fee^ are and that said amount and said fees 
 
 cliareeable on {describe property to be charged therewith) and shall 
 iless forthwith paid be added to the Collectors' Roll (with interest) 
 provided in section 18 of The Ditches and ]Vatercoiirses Act. 
 
 [Dated this day of A.D. 18 
 
 Engineer for 
 
 46 V. c. 27, Form F. 
 
 112a 
 
 :!« ! 
 
 n4 
 
 lii 
 
 i 
 
 Hh 
 
 KM- 
 
 '•INr 
 
1124 
 
 THE MUNICIPAL MANUAL. 
 
 R. S. 0. cap. 221. 
 
 An Act lor the Protection of Ounie and 
 Fiir-bearing Animals. 
 
 Game protkctkd : 
 Close period, s. 1. 
 Possession during close period, 
 
 8. 2. 
 
 Protection of eggs, s. 3. 
 
 PKOHIillTlONS : 
 
 Trapping, s. 4, 
 
 Batteries, swivel guns or sunken 
 
 punts, s. 5. 
 Night hunting, s. 5. 
 Use of poison, s. 11. 
 
 FUR-BEARIN« ANIMALS PROTECTED, 
 S. 6. 
 
 Prosecutions : 
 Befprewhi<iiitobebrou;^ht, g.21. 
 Evidence, s. 19. 
 
 Convictions not to be quas 
 for ft-ant of focin, s OQ 
 Pknaltiks : " *■ ' 
 
 How recoverable, s. 7. 
 Application of, s. 8. 
 Confiscation of Game, s. 9 
 Iniprisonmeut, s. 18. 
 Game preservkh i-uotkcted > 
 Deer not to he icillel foh 
 PORT, s. 12. 
 Restrictions as to huntiue d 
 ss. 16, 17. ^ 
 
 Hounds not to run at ui 
 
 8. 13. 
 
 Inspectors, api'otntmknt 
 
 DUTIES, SS. 14-15. 
 
 HER MAJESTY, l)y and with tlie advice and consent 
 the Legislative Assembly of the Provhice of Onta 
 enacts as follows : — 
 
 Close period. 1. Noue of the aiiiiuals or birds iiereiniifter mentioi 
 shall be hunted, taken or killed, within the periods heii 
 after limited. 49 Y.. c. 45 s. 2, part. 
 
 Deer, etc. 1, Deer, elk, moose, reindeer, or caribou, between 
 
 twentieth day of November and the tifteenth day of Octol 
 but tile period liereinbefore limited shall not, as to mq 
 elk, reindeer, or caribou, apply before or until the liftea 
 day of October, 1895, and no moose, elk, reindeer or carij 
 shall be hunted, taken, cr killed between the Urst day of aI 
 1888, and the tifteenth day of October, 1895. 51 V. c. 36f 
 
 Grouse, etc. 2. Grouse, pheasants, prairie fowl, or partridge, bet^j 
 the first day of January and tlie first day of September 
 
 Quail and 3. Q,uail or wild turkeys, between the tifteenth daj 
 
 w ur eys. j)g^jgjj^|jgj. j^^j ^]^q fifteenth day of October ; but no 
 
 turkey shall be hunted, taken or killed before the liftej 
 
 day of October, 1889. 
 
 4. Woodcock, between the first day of January and 
 fifteenth day of August. 
 
 Woodcock. 
 
MANUAL. 
 
 l«.l. 
 
 the tirst day of January 
 
 and 
 
 PROTECTION OP GAME. 
 
 1126 
 
 >. 221. 
 
 'Aion ot Oame and 
 Animals. 
 
 Convictions not to be quaahed 
 for want of form, a. 20. 
 
 How recoverable, s. I. 
 Application of, a. 8. 
 Confiscation of Game, s. 9. 
 Impvisonmeut, s. 18. . 
 
 1 uSk not to V.K KIU.ED FOR EX- 
 VOKT, 9. 12. • 1 1 
 
 1 K,.striction8 as to Innmng deer, 
 
 1 8S. 1«, !"• I 
 
 IhoUNUSNOTTO RVN ATLAROm| 
 
 LsiioKS, AVrOT.TME.T AXl 
 ■ 1 DUTIES, SS. U-lO- 
 
 T^itb the advice and consent 
 ibly of the Pvovmce of Outani, 
 
 ov birds hereinafter mentme 
 lied, ^v^t\iiu tive periods beve.^ 
 
 ^^ p'lrihou, between tl 
 
 ,;,y befo.-e or m>tU tie tM 
 1 ^ ^11' reindeer ov canbol 
 
 ^ ,f October, loyo. ^^ J 
 
 • • fowl or partridge, l)etw(^ 
 TtbeS da/of September; 
 
 ., between the ^fteentli dayj 
 u i ; V of October ; but no ^ 
 tfoTkUled before the fitted 
 
 .6.] 
 
 5. Snipe, rail, and golden plover, between the first day of ^nipp. ruii 
 lanuai'V and the first day of September ; """^ i>-over. 
 
 6. Swans or geese, between the first day of May and the Sv/aus and 
 first day of September ; •«"''"'"• 
 
 7. Ducks of all kinds, and all other water fowl, between Ducks and 
 (lie tirst day of January and the first day of September ; f^|ii_'' ^^'^'*' 
 
 8. Hares, betv^een the fifteenth diiy of March and the first iinres. 
 iav of September'. 49 V. c. 45, s. 2, part. 
 
 2 jfo iierson shall have in his possession, any of the said PosResMoD, 
 jnimals or birds, no matter where procured, or any part or uiTruK"^ 
 tortion of any such animals or birds, during the periods in 
 wliich tliey are so protected ; provided that they may be Kxposure 
 exposed for sale for fifteen days, and no longer, after such ^"''''" 
 neriods, and may be had in possession for the ]nivate use of 
 tie owner and his family at any time, but in all cases the 
 proof of the time of killing, taking, or purchasing, shall be 
 ou the peisou so in possession ^^ '^^ - "^ - '^ 
 
 for 
 
 49 V. c. 45, s. 3. 
 
 3, No ecgs of any of the birds above mentioned shall be i*r('tection 
 [taken destroyed, or had in possession by any person at any ^^'^' 
 Itiaie,' 49 V. c. 45, s. 4. ;_ 
 
 4, None of the said animals or birds, except the animals J.^JJ^l"^ 
 Imentioned in section 6 of this Act, shall be trapped, or taken 
 
 Ik means of traps, nets, snai'es, gins, liaited lines, or other 
 
 Lniilar contrivances ; nor shall such traps, nets, snares, gins, 
 
 Ibaited lines, or contrivances, be set for them, or any of them, 
 
 K any time; and such traps, nets, snares, gins, baited lines, 
 
 [rcontrvances, may be destroyed by any person without 
 
 mil neison thereby incurring any liability therefoi-. 49 V. 
 
 ^15, s. 5. 
 
 5. None of the contrivances for taking or killing the wild BatteiieB, 
 |jwl, known as swans, geese, or ducks, which are described or taki'ng 
 as batteries, swivel guns or sunken punts, shall be furbiddln 
 i at any time, and no wild fowl, known as ducks, or other and night' 
 [aterfowl, except geese or swans, shall be hunted, taken or forbidden. 
 Illed, between the expiration of the hour next after sunset 
 pilthe commencement of the hour next before sunrise. 49 
 I, c. 45, s. 6. 
 
 [6. No beaver, mink, muskrat, sable, martin, otter, or fisher Furbearing 
 1 be hunted, taken or killed, or had in possession of any protected* 
 on between the 1st day of May, and the first day of 
 
 %\ 
 
 y-:.} 
 
 ill-' 
 
 
 m 
 
 I'V, 
 
 ' i' 
 
1126 
 
 i'roviso. 
 
 Penalties. 
 
 Disposition 
 of penalties 
 
 ConflscatioD 
 of game. 
 
 Protection 
 of gamn 
 preserves. 
 
 TilE MUNICIPAL MANUAL. 
 
 November ; nor shall an^ braps, snares, gins, or othei 
 trivances, be set for th' n during such period ; nor sin 
 muskrat house be cut, speared, broken, or destroyed 
 time ; and any such traps, snares, gins, or other contrii 
 so set, may be destroyed by atiy ]}erson without such 
 thereby incurring any liability therefor ; provided tha 
 .section .shall not apply tc any person destroying atjy 
 said animals in defence or i)re.servation of his j)ronertv 
 V. c. 45, s. 7. ^ 
 
 7. Offences against this Act shall be puiiislipd upon 
 mary conviction on information or complaint before 
 tice of the Peace, as follows : 
 
 (a) In case of deer, elk, moose, reindeer, or cai 
 
 by a fine not exceeding $50, nor le.ss than 
 with costs, for each offence ; 
 
 (b) In case of biixls or eggs, by a fine not excei 
 
 $25, nor less than $5, with costs, for each bi 
 
 (c) In case of fur-bearing animals, mentioned in se 
 
 6 of this Act, by a fine not exceeding $25 
 less than $5, with costs, for each offence • 
 
 (d) In the case of other bi'eaches of this Act, and J 
 
 no other penalty therefor is by this ActproJ 
 by a fine not exceeding S25, nor less than .So] 
 costs. 49 V. c. 45, s. 8 ; 51 V. c. 3G, s. 2. 
 
 8. The whole of such fine shall be paid to tlie prosd 
 unless the convicting Justice has reason to believe tliJ 
 prosecution is in collusion with, and foi- the purpose oil 
 fiting the accused, in which case the said Justice niav 
 the disposal of the fine as in ordinary cases 4!) Y ' 
 s. 9. 
 
 9. In all cases confiscation of game .shall follow 
 tion, and the game so confiscated shall l)e given td 
 charitable institution or pui'pos(\ at the discretion 
 convicting Justice. 49 V. c. 45, s. 10. 
 
 10. In order to encourage ])ersons wjio liave lieil 
 imported or hereafter iin|)ort different kinds of gaiuj 
 the desii-e to bieed and preserve the .same tiii tbel 
 lands, it is enacted that it shall not be lawful to luiritf 
 kill, or destroy any such game without the cohitnt| 
 
 TlfW 
 
 
 hi 
 ■4 
 
 i_ 
 
, moose, reindeer, or caribou^ 
 ceding $50, nor less than Slo| 
 1 offence ; 
 
 PROTECTION OF GAME. 
 
 f ; I 
 
 1127 
 
 49 
 
 owner of the property wherevpr. n 
 
 V.c.45,8. 11. "^ ^"^^^ '^'« ««nie may he bred. 
 
 11. It shall not be lawful for n 
 any animal protected by this Aot?'Ko^ '" ^j" ^^^ *«ke, u.Cpo.o^ 
 poisoned substances, nor to expose L!!. "^ ^' P^^^^n o^^"'* 
 otlier poisoiieu s« bstances. in any place omI ''T-f "'^^' ^ait, or 
 orctttle may have acce.ss to th/san'e io'^'^-^ ^^^'^''e clogs 
 12. -(1) No person .chall at a. • ' ''"" ^^' ^' -'^• 
 
 Jjjiydeer, elk, moose, reindeor ^^"^ *","® **""*' <^«k«, or Ull i. 
 ex ortingthe san.e o'nt o O t^^^^^^^^^^ ^'^ ^'^^ purpL o r^^"r 
 
 ofproving that any such de^t S, ^oos" I^T ''' ----"" 
 te, as afomsaul, so hunted, taken, ortU^-"''^'"''' °^ «««- 
 Ito l.e exported as aforesaid, «lmll be uoon 1 '' ""^^ ^"^^^^^^d 
 h ^^/"y "'• *^k^ng tJie same, or in ?J ^^''''^^ ^^""t- 
 
 imtody the same may be found! ■'"^ possession or 
 
 (3) Offences against this section «J> II u 
 je not exceeding $25, nor less than Is f P""^?^^^' ^^J a 
 H^. c. 45, s. 13. ""''"^ ^P'^* for each animal. 
 
 13. No owner of any hound of] 
 
 Wtobe accustomed to pursue" deer '^"1 n"^'"'' ^^ the Hou^,, not 
 Mhotind, or other dog, to nn. ., \ ' "'^" permit anv i *■"" "* 
 Le deer are usually found, duri:' ^l^ '"-"^^ ^ocaHt^ "^«r 
 Iteenth day of Noven.be. to the h-ftlnfl' r''"^' ^^'^'^^ ^'^e 
 l(ler a penalty on conviction of not .nn.i'^ "^" ^^tober, 
 Sn .35, for each offence ; any person r u^^" ^-^' ^^r less 
 |.o be the owner of V^uch hoSnd '""?^ ^'^ ^^^i- 
 fmed the owner thereof. 49 V. 0.45^ ^^' dog shall be 
 
 [i It shall be lawful for the council of' . ^' 
 
 ra, township, or incorporated v,-i '^"^ county, citv , ■ 
 
 -Ul b^ hiown .„ tile g :^ ^^';;f:- '» appoint Ji^ »SW 
 
 '-(1) It .shall be the dutv r^f 
 Ned as aforesaid forth wi'fhf, •^''^''^ ^''^»^«' inspectom 
 
 K;.s,ons of this Act, and t bri ^tfr"^ ^^^^^''^"^ tolrj-^ 
 
 the san.o before a Justice of t ? P ' ^'"f"" "^ P'^^^^'^" 
 illt'gal possession. "'^ "^ ^'^ce to answer for 
 
 ] Jt shall also he the duty of 
 
 I'^^'i-rosecutions agau.st all S/T^' l^^'^^^^^^ to 
 
 Pt'sons found liitViuging 
 
 of 
 
 
 J « I 
 
a'- 
 
 i 
 
 m 
 
 in 
 
 n 
 
 It '^Cil 
 
 Is 
 
 1128 
 
 Pro»ecu- 
 tiooa. 
 
 THE MUNICIPAL MANUAL. 
 
 [« 
 
 Searoh for 
 game. 
 
 l>eor not to 
 be liiiiitcc] 
 esci I it ly 
 pernons 
 rosiiloiit ill 
 Ontario or 
 yut'bec. 
 
 Limit M to 
 number of 
 deer wliich 
 any one 
 person or 
 MT'iral 
 perbona 
 hunting 
 together 
 mt,T kili. 
 
 the jn'ovi.siou.s of tliis Act, or any of them, juidcvoiyi 
 tor may causo to Ito opoiuid, or iimy himsnlf open in (. 
 refu.s.'il, any l»ig, parcel, olio.st, box, trunk, or rocepta 
 which he Ims reason to belie v<i that game Idllod or 
 during the close .season, or pelti-ie.sout of .sca.S'U, ai'o h 
 
 (3) Every inspei^tor, if he has reason to suspect an 
 suspect that game killed or taken during the close .sea', 
 peltries out of seasr)n, are contained or kept in -luy .^ 
 house, shed, or other buihling, shall make a (leuo.Mti 
 the Form A annexed to this Act, and demand ascarrji 
 rant to search such store, |)rivate house, sins] or 
 buildiui', f. ul therou})on .such Justice of the P(mc(( uifiv 
 a search warrant a^coi ding to Foinn D. 49 \^ c. 45' 
 
 16. ^^o pei'.son shall at any time prior to the yo;ir 
 hunt, take or kill any deei- unless such person Ims 
 actually n^sidcMit antl (huniciled within tln^ I'lovin 
 Ontario, or withiii the Province of Quel)ec, for a peri 
 at least tliree months next before the said time aiK 
 person eilcndinj^' against this s(.'ctit)n shall he lialile to 
 not exceeding .$20, nor less than i$10, with costs o 
 j)rosecution, for each animal so huiited, taken or killed 
 in default of immediate paynient of said iine niul costs 
 be liable to be imju'isoned in the common gaol ot the r 
 or district wherein the offence was committed f'oi' a i 
 not exceeding three months : Provided alw.iv.s thai 
 section .shall not fipply to any per.son who, l)ciii'f a 
 holdev of or in an incorporated com[)any, hunts kil 
 takes on the lands of such company, any of the ail 
 mentioned i»i this section : Provided, moreover tliaj 
 section shall not sipply to any person i;i any year for 
 he has obtained from the Commissioner of Crowu La| 
 permit to hunt, kill, or take any of the animals in thi 
 tion mentioned, and the Connnissioner of Crown Lai 
 hereby authorized to grant and issue such a periiiit upoi 
 ment theiefor of a fee of .$10 for each year duiinirwl 
 same is to V)e in force, an.' upon being sfltisjed that the J 
 applying for the permit may I e relied upon to obsevvt aiil 
 ply with the other provisions of this Act. 5) V. c 36, s 3| 
 
 17- No one person shall, during anyone year priori 
 year 1895 kill or take alive mo»'o ihan five deer; al 
 two persons hunting t(^gether or Crom one camp or m 
 rendezvous, or lornaing ov being what is comnionlj 
 
 
 ' . ^ 
 
CiPAL MANUAL. [s. 15 (0) 
 
 ■ any of them, and every inspep. 
 or may liiinsnlf open in ciwc of 
 ist, box, Inuik, or rcceptuclo in 
 ive that game killed or tiiken 
 icltriesout of soas"n, are hidlon, 
 
 I has reason to suspect, and does I 
 taken dnring tlie close season, or 
 )ntained or kept iu any private! 
 ig, sliall make a (le[iOhitioi, in] 
 i Act, and demand a search wav.j 
 private house, slicd, or otlierl 
 h Justice of the Pcmco may i.-,suel 
 Lo Form B. 49 V". c. 4-5, s. IG.] 
 
 ,ny time prior to tlie year 1895 
 T aidess sucli person has ' 
 niciU>d within tln^ Province ol 
 Dvince of QuelxHV for a period o] 
 t before the said time, and aiii 
 lis section shall be liable to a Jini 
 ess tl'.an SIO, with costs of tlij 
 al so Imiited, taken or killed, m 
 ynieiit of said tine and costs slid 
 in the common ,L;aol of tlie (.'oiintl 
 lenee was committei.1 for a jierii 
 iths ; Provided always that thj 
 
 any person who, l)eing a sliarf 
 )()rated com[)any, linnts, kills,! 
 .ch company, any of the aiiimal 
 1 : Provided, moreover, diat til 
 any person i;i any year for wliij 
 
 Commissit)ncr of Crown Lands 
 like any of the animals in this 
 Commissioner of Crown LandsJ 
 t and issue such a perniitnponf 
 $10 for each year dnrinsrwluci 
 upon being soti.sjed tlnit the per! 
 IV Ve relied upon to obsevvt aiidc 
 ms of this Act. 5) V. c 36, s 3, 
 
 PROTECTION OP CAME. 
 
 as 
 
 1129 
 
 1 21.] 
 
 a hunting party nhall in anv « 
 
 ,% kill or take alive more uLZlZe^.l'!'^' ''', *^^« y^^^ 
 or more persons hunting together or from f ' '""' "" ^^^'ee 
 of rendezvous, or forming or bein. ™ haf '^'''' "' P'*^«« 
 inoffn as a hunting party shall in n. ^^ «oinmonIv 
 
 the year hSOf,, kill ol taL ^iv.lClT ^'''' '"•'-• *« 
 laDd any person oHendinff aL'nin«f +i • . ^^dve deer 
 
 Lfine ,„,t exc,.,li.,g l^T^^Z^'Z"'""', "" '■'"'« 
 Ithe prosecution, for each deer bevo. ' ^''^^'' "'"■'^^s of 
 
 iniber so permitted to be kille<l or'tak ^'" ®^^^«'''ng the 
 ..(letMult of immediate payment of sM-^h"f; *''^ ''^V'"^^«'i"J, and 
 belialde to be imprisoned in the clin 1 1"' f"^' ''''^' «'»'^" 
 or district within which the offfenr ^ ^'"''^ ''^ *''« «"''''ty 
 [period not exceeding three months 61 y "''T^''^'^^ i'-^' a 
 18. Where, under this Act anv n ' '''i '" ^ ^"'''' 
 ictedof an oflence against a.'iy of th^^? • ''*'^'' con- impri,o„. 
 .ct,such person, in default of (he im neS hTeT' "^ ^^"^S/.-'or 
 
 k ''"e OV costs imposed upon him If W^^^nt of Paymenfof 
 
 ken adjudged to be liable in res ' f I ''^""^ ^'^ l'^« ' 
 fece,shall be liable and may U a I ndL !" . ?"'^ ^^ «uch 
 , tlie connnon gaol of the cour.ty o S • ? ' '"^P'-i«"»ea 
 bcewasconunitced for a period m^f "' ,\^'^ ^n which the 
 ! V. c. 36, .. J part. ^ "^ ''''^ ^^ceedingthree niontlis 
 
 19. On ;he trial of any complaint 
 
 lestion ni der this Act, the nersm. 'P^"^.*'^^"^^' matter or Evidence of 
 
 w]mkoUvcraA ,.,;n. .. P*^'SOn opposing or rl»f««,i;„-. accused. 
 
 Lion n. der this Act, t^be pei^r 1 ^"""^^^ latter or 
 
 Uoiscl-arged with any offenpJ „ '"'-'"''"^ °'" defending, 
 le,,.ovisio.s V this Act\shan ,' ^^'"'' ""' ""^^'^ «nv 3 
 lleto-dve evidence in or with resnr/'f *'"* T^' ^«'"P«i-'- 
 pediiig, matter or question 5] v o/"^^' comjdaint, 
 La • • • ^ V. 0. 6b, s. Spare. 
 
 20. A conviction or order made in 
 
 Werthhs Act, either origmallv or J. ^^^ matter arising Conviction 
 Lhed lor want of form." s/Z^^VWeal, shall not beK^V 
 
 M An .• ' '^- "^^f »■ O JXirt. want of 
 
 21. All prcsecutions under this Aof '"''"'• 
 
 11(1 before any of Her Majesty's iust!!?!^ .^ ^u'"""^^* and Before »hom 
 I for the county and district vt^rt*!'. T"^ in ^7""- 
 
 jrred, or the olh-nce was conin-^tpr Penalty was ^'^^sht. 
 
 cities, towns, and inco. porate.'vi 1.?' *""• '"''■''"» ''^"e. and 
 tlice magistrate, befoi/su;!"^'^^^ 
 
 "Jre otherwise provided by t'lTii s."r^''*'"'f ' ^ ^"^' '^^'^ 
 ' '-egoverned by 7'ke aL ^^J^^ ^'^ I— '"■•e 
 
 l^Jore Justices of the PeacTfZ^ A T^''^^ ^«^'''^-K., «,, 
 m^^^A V. c. 3G, s. s/arT ^^'"'^^ '' Gcnerah^u^'''- 
 
 m 
 
 '■^ A 
 
 ■: : ^ 1* 
 
 til ! if'^ 
 
 
 '< 
 
 "i^ jjT^' -"" 
 
1130 
 
 TliK MUNICITAI- MANUAL. 
 FOKiM A. 
 
 [Foi 
 
 (Stction It').) 
 
 % uiuloraigncil Onmo Iii«i)cetor for do luieliy ,1 
 
 that I hiivo rtiVMon to Hii«iiect, ami do Huspect, tliat L'aiiit' kil 
 taken during tli« clost- auaaon, or fuiM .mt of SLasctn, etc ^.', 
 Ihe, cane may be) aro at present held and coneeuleil ((/(.,(•,,' 
 projii'iiy, tict ii/tnid, vU'., aiid llio ji/dci'). 
 
 Wlioreforo I pniy tliat a uariaiit may he granted and myen 
 to m.'ko tlio noeeaaary ao^irclies ((Ifxcribe. here, the jirn/iertii el 
 above... 
 
 Sworn heforo me at 
 this day of 
 
 A. D. 18 
 L. B. 
 
 J. 
 
 4e V. c. 4f», Form A. 
 
 p. 
 
 X. Y. 
 Oanie Inspector. 
 
 FORM B. 
 
 {Section 15) 
 
 Province of Ontario, 
 County of 
 
 To each and every the constahlea of 
 (Jounty of 
 
 Whereas, Onmo Insptctor for lias this dny dc 
 
 ; l'-^~ •■••■-' iiiin tiiiy c 
 
 before me, the undersigned, tliat he haa reason tn suspec 
 
 taken during the close season, or fu 
 » nitui be) aio at uresent liclil nn.l ..,,|| 
 
 game, or l)irds killed or i^iitvun luiiinj; mi-: i;iuHe season, or 
 of season, etc. a-s fhr (•(^^r iiiai/ be) aro at present held and e( 
 (deticrihr irro/wrly, ocaipiuit, place, etc). 
 
 Therefore, you are commanded by these presents in the 
 Her Majesty, to assist tliusaid Game InH])ect(ir,an(l tod 
 
 help liim to make the necessary searches to find the {slate Ike 
 garni killcdor (iikcn diniiiii Ihe c/ose .'icaxmi, (n\/'iirs oni vf nia^oi 
 which he has reason to suspect and docs suspect to be IiiLl 
 cealed in (de.^r7-ibe. Ihe py-operfi/, etc. , a.<< above) and to deliver, 
 there be, the said binls, etc. (an the eaxe utay be.) to the said 
 Game Inspector, to be by him brought before me or before an 
 magistrate to be dfalt with according to Uiw. 
 
 Given under my hand and seal 
 at County of 
 
 this flav of 
 
 A. D. 18 
 L. S. 
 49 V. c. 45, Form B. 
 
 L.B. 
 
 J.p, 
 
 
[Yom A. 
 
 \. 
 
 for *^" l>i'vely (U«kre 
 
 rBUHpect, U.at t;»mc luM or 
 
 )Ut of SL-asou, uk'-.ttc (n» 
 
 oUl iaul coiietaled ^(/.wiite Ik 
 
 Z^'nM be uruntcil iiiul given to me 
 Sl^ here. the. /*rn,.W,,. etc., «,, 
 
 X. Y. 
 
 Game luspcdov. 
 
 rM B. 
 
 tioii ]'^>) 
 
 \)lC9 of 
 
 . Ims tliis day O.eckri 
 
 •ct<^i' ^"'^ ,,„3 reason to suspect tlii 
 that he l"!cU'. s>i^..m,oM«rsoi 
 ,:^":;.;;ltVrei°.tl>cUUauUonceale. 
 
 , . .u„.e presents in the name ( 
 ^•^^^ ^'^- ue hV-t..r.anato M 
 .yBearcheBo"^^^^';,^,,,, ,,,,,,, A 
 
 •conling to law. 
 
 L.B. 
 
 3. p. 
 
 *•] 
 
 DL8TRUCTI0N OP WOLVES. 
 
 1131 
 
 R. S. 0. cap. 223. (a) 
 ^u Act to eneourat^e tho Destroying of Wolves. 
 
 HER MAJESTY, by and with the advice and consent of 
 tho Legislative Assembly of the Province of Ontario, 
 enacts as follows :— 
 1 If iiny person produces the head of a wolf with the 
 ars on, before any Justice of the Peace acting for nny 
 iiitv ill Oiitiirio, and makes oath or alFirmation (as the 
 I' may be), or otherwise proves to the satisfaction of such 
 ] slice, tliat tho wolf was killed within that county, or with- 
 • one niil« of an actual st'ttlenient in the county, he shall be 
 ntitled to receive from the treasurer of the county the sum 
 dl jijas a bounty for tho same. K. S. O. 1877, c. 202, s. 1. 
 
 2 In case the Justice of the Peace before whom tho head 
 I ftlie wolf is produced, is satisfied of the fact that the wolf 
 1 l^ill,,,! as in the preceeding section mentioned, ho shall 
 Ifirstciit oiV the ears thereof, and then give the jierson a 
 Icertitioiite that the fact of the wolf having been killed as in 
 Ithelast section mentioned has been proved to his satisfaction 
 
 ndsucli certilicale shall authorize the person holding the 
 «m,e to demand and receive from the treasurer of the county 
 te^ail bounty of $(5. K. S. O. 1877, c. 202, s. 2. 
 
 3 The treasurer of the county shall forthwith jiay stich 
 ounty to the person presenting the certiticate, provided the 
 bunty funds in his hands enable him so tc do ; and if tho 
 [id fun Is do not so enable him, then the sj'.id treasuree shall 
 L tlie same out of the moneys of the county which next 
 Lieafter come into his hands. K. S. (>. 1877, c. 202, s. 3 
 
 U. The treasurer of a county shall not pay the bounty to 
 ticli iii'V such certificate entitles the peison presenting the 
 
 ne until liR has i)aid the annual expenses of the county, 
 Isiiis; from the building of a court house and gaol, and 
 
 tepin',' the same in repair, the fees of the clerk of th(^ peace, 
 
 ksiilaiv of tiie. gaoler, and the maintenance of the prisoners. 
 
 8.0.^1877, c. 202, s. 4. 
 
 When any 
 pemon 
 producing to 
 a J. P. the 
 head of a 
 wolf with 
 the ear* on, 
 entitled to a 
 reward. 
 
 JuRtlce of 
 Peace to giya 
 his certifi- 
 cate. 
 
 Treasurer to 
 pay the 
 rf ward if in 
 funds. 
 
 other county 
 expenses to 
 be first paid. 
 
 llov. Stat. e. '222 is rop('ale<l by .52 V. c. .50. The latter Act is 
 jttiil as it does not confer powers or imposu duties on municipal 
 
 tacils. 
 
 -; I' 
 
 ],; J 
 
 ■'-, ' 
 
 1 , ! 
 
 I^i 
 
 I'-i 
 
ii^ 
 
 p 
 
 MPf-'^ 
 
 w 
 
 ajpHHryJ'ti 
 
 
 
 U I 
 
 fl^^Bxw '.' 
 
 hi 
 
 1^K9^^' - 
 
 m 
 
 ^Hi^.'' 
 
 1132 
 
 If not paid 
 Mrtiflcatu 
 muy be 
 tuniloreil 111 
 diachargo ot 
 ratM. 
 
 gbort titlo. 
 
 Property 
 
 qualiflcatioii 
 
 abolishod. 
 
 Who may 
 Torn at 
 •luutions. 
 
 Rev. Stat. 
 
 TUB MUNICIPAL MANUAL. 
 
 5. Whnn tlin funds of any county do not eniiltlo tli 
 surer theroot' to pay tim lioiinty, tlui ccM'tificnto tlmrt'o 
 l)e a lawful ton(U'r to the full value and amount tlicicii 
 tied, tor and towards the di.s(hnr;;e of any county i 
 UMsessinent to he collect«'(l from any piirrion within tli'c ( 
 in whicih the wolf was destroyiul, and shall \n> iitocnu 
 taken hy the coUeetor of any township withiij tlio c(iu 
 equivalent to so much of the current money of ('im,,,] 
 may ho hy him paid aud delivered over to the count' 
 surer, by whom the same shall in like manner he tnkl 
 accepted as ecpiivalent to so much of the current i 
 aforesaid. K. S. O. 1877, c. 202, s. 5. 
 
 ^ •■ 
 
 »» » 
 
 51 Vict. cap. 4. («) 
 
 An Act to establish Manhood SiifTrnge foi 
 Legislative Asseinblv. 
 
 Assented to 23rd i]fi(rcli, IS,V 
 
 BER, MAJESTY, by and with the advice and con; 
 the Legislative Assemblyof the Province of Oi 
 enacts as follows : — 
 
 1. This Act may be cited as '* 7'//<; Mdnhiml ,S'J 
 Act,^' and shall go into force on the Ist of Januarvf 
 51 V. c. 4, s. 1. 
 
 2. Property or income qualification for voters as v\ 
 the Legislative Assembly is abolished, except us licit 
 provided. 51 V. c. 4, s. 2. 
 
 3. Every male person of the full age of twenty-onj 
 a subject of Her Majesty by birth or naturalizjitiJ 
 not disqualified under sections 4 and 5 of The OntnrX 
 tion Act, or under this Act, and not otherwise by 
 hibited from voting, shall, if tluly entered on tliei 
 voters pro|)er to be used, be entitled to vote at elecil 
 serve in the Legislative A.s.senddy of this Province: 
 
 (ft) The ainendnienta miule by 52 V. c. 5, are introduced | 
 Act. 
 
 ■^^. 
 
 .'^rrH- 
 
M^NlTAti. 
 
 i..5. 
 
 ,nty do not enaUe t\,. tr.a- 
 t\»o covtifK-ntii llu'.roof hI.uU 
 \uo ami amount tluTmnvm- 
 U-^oot any county v:.tc.,r 
 ' VP'"»'HonNVithmtl,."m,nty 
 
 nnrnt numey ot « lau.i.k, ,uul 
 l-ed ovor to t\u. county t,va- 
 l.vliko manuor li»^ tAcu «im\ 
 ,nuc\> of the current inouey 
 202, 8. Ti. 
 
 t. cap. 4- ^'^^ 
 
 Manhood Suffrage lor the| 
 
 . J 4n ''>3r<l 3f(n-c/i, 18SS. 
 1 uu the aa vice am\ consent of 
 
 P,, the l»t <.t J--y, 1*.^ 
 ,.,..:ou for voters as resiiectj 
 
 V"'"' , wa ovot.at*c».. 
 
 gl MANHOOD SUFPRAOE ACT. 1133 
 
 Proviilfiil that such porHon Imd resided within tho Province Pro»'»o. 
 lor tlie nine months next jjrocetling tho time fixed by 
 trttuto (or by a by-law nuthorizod by statuto) for boj^'inning 
 
 iiiakt! tho aHSOHHuiont roll in which ho in entitled to be 
 
 .nh'iv'l 'W a porHon (|UHlitied to vote, or had so resided 
 
 * ithin the Province lor the twelve months next jtreceding 
 
 I , ^i,n„ xjp to which a complaint may bo nuulo to the 
 
 Cmiiitv .Ivalgc, under T/ie Votern' Llstn Act, or this Act, to 68 v. o. 8. 
 
 .ft the name of such person in tho list : 
 
 And i)rovided that such person was in good faith at tho 'fovUo. 
 . j|^,,(i lis aforesaid, a resident of, and dojni(!iled in, the 
 iiiiiicil'iility in the list of which he is entered, and is, at 
 tl > time of'tendeiing his vote, a resident of and domiciled 
 
 thin the electoral district, and had resided in the said 
 1 (oral district continuotjsly from the time tixed as aforo- 
 
 I (at- l)('<'inninK to make said roil or for mukini; such 
 comi.liiint, as the caso may be. 51 V. c. 4, s. 3. 
 
 4 A person may bo nssident in the municipality within Tomporary 
 t,0 lucaning of this Act, notwithstanding occasional or "« uuq'^aliiy. 
 Iteiiii'orary absence in tlie prosecution of his occupation as a 
 luijuniiian, nuiriner, or fisherman, or attendance as a 
 isuuleiit in an institution of learning in tho Dominion of 
 Icaiiiulii' and such occasional or temporary absence shall 
 Inot disentitle such person to bo entered on the assessnimrt 
 Iroll orvoter's list as a qualified voter, or to vote. 51 V. c. 
 
 R Kn nmsnn shall be entitled to be nuirked or entered l)y students at 
 O' i>" I'"" 1 • i'i. i- 1 college, etc. 
 
 Ilie assessor as a (lUalituMl voter as herenuitter mentioned, or 
 
 Lall lie eutcnid on a list of voters, in respect of lesidence in 
 
 iiuiuicipality where he is in attendance as a scholar or 
 
 luilint at aiiy school, university or other institution of 
 
 mm', unless he has no other place of residence entitling 
 
 Ira to vote, 51 V. c. 4, s. 5. 
 
 6. No person shall be entitled to be marked by the {||^8q^"aiiflc». 
 lessor as qualitied, or shall be enteied on a list of voters, 
 I shall vote, who at the time of marking or entering or 
 (ting (as the case may be) is a prisoner in a gaol or prison 
 der'oiu" punishment for a c^ iminal otlence ; or is a 
 lieiit in a lunatic asylum ; or is maintained, in whole or 
 Ipart. asan inmate receiving charitable support or care in 
 mmicipal \)CoV house or house of industry, or as an 
 
 ■ i 
 
 ' v' 
 
 t 
 
 
 . ^ 1' 
 
 n •'f 
 
1134 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 6. 
 
 lodUni- 
 
 u •4-oV.Ia support or care in a charitable 
 inmate receiving «^«™ f '^^ Province under any 
 
 institution ^'^^^ZT\i b\y. c. 4, s. 6. 
 statute in that behalf. 51 v. c , 
 
 ^^ A Tnrlmns whether ot whole or psvit 
 7_(1) Ef ^.^J-ffJlrVersons, be entitled to lote 
 
 Indian blood, ^^^*"' ^'^1^^'^ 
 
 without havu.g a property^q^^^ ^^ ^^^^^ ^^ ^^^^^^ ^^^.^^ 
 
 (2) Unenfranchised ^j.^^^^ ^^ ^^^ ^^ j^^-^,^ ^.^^^,,^^ 
 
 blood, not ^-e^f "5 ,'^,^,|„chisement, have the same pro, 
 
 shall, in heu of *^g''^ ^.^^ofore in order to entitle them to vot( 
 ertyqualiacationasheretot ^^ ^^^^^ ^^ ^^^^^ ^^^^^_^ 
 
 (3) Unenfranchised indu^ ^^ ^^^ ^^^.^^^ ^^^^^^ 
 
 + nnd other qualifications as herei 
 
 Q„..flca«on 8. The same propjty a ^^ ^^ ^^^^^.^ ^ ,^ ^ t 
 
 ^hete there „ , continued wiin I , • ^j Electoral E 
 
 r-trr; SunicipaUtl-, townships, ami /-;; ^^^^ ^.^^^ .^^ ^,^^ 
 
 ,oter.> U.t ^^.^^^ ^f Aigoma East, A^;' ^^^^^^ Renfrew, Muskoka o 
 
 Hastings, ^o^tn rie , ^^ ^.^^ j^^^,^ ^^ ,^^^^^^^^ 
 
 Parry Sound as shaU tiom ^ ^ ^ 
 
 roll or voters list, (a) 
 
 loll 1.1-ice on the assessment 1 
 Who»ay.o 9-(l) The assessoj ^^^^^^^^^^ ^.^^^^ ^^ evory male po, 
 P'^^^'^Tnt asciualihed to be a ' ^ li^ered to the assessor 
 
 ^rr' whi delivers or cause to be _d^ ^^^^ ^^^^ ^^, ^^ ^^^^^^^^^^ 
 
 -te". ,,^aavit signed ^'.V f ^ ^f, ^^a hereto, if the facts stated 
 
 t:il\!r::rsi^H:!:isontobe,.acedthereon. 
 
 ^'^^ . , Up niade before any assesso 
 
 (2) The ftftdavit nuvy ^ ^^^^^^, ^^^ ^,^^.^^„ .^^^^^-^ 
 
 justice of the Pe'^f ' ^^^ .^J^eh officer shall, upon re^ 
 notary pu'bUc ; and evt y ^^^^^^ ^.^^^-^^g ^^ „^,te 
 
 .dminister an oath t any p 
 
 affidavit. 51 V. t^- ■*! 
 
 , ,, also make reasonable enquiii 
 10 The assessor shall aiso , ^ • , j^, j^^ynicip 
 
 Kr.r oi^r .. .-.-»--: -SSy in -T' "'■;■"" 
 
 «-«»"• or in the section ot tl^e m ^^^i ^^ y^^ pi.^ced on the r 
 assessor is '\<=t^ng are en ^ ^^^^^ ^^^^^^ ^j^,,,,,, 
 qualified to oevoteisunoe^ ^ 
 
 o printed as section 15 (/>) of this 
 
 («) See 52 V c. 5 b. 2 V^n^^^ ,, ,i etoral districts or j 
 
 ^/'^^v 
 
 '"^'Ifl- 
 
^ or care in a cViavitaWe 
 
 he province under any 
 
 4, a. 6. 
 
 whether of wbole r.i \mi 
 
 ersons, be entitled to vote 
 
 cation. 
 
 of whole or V''^^^ i"*^^*^" 
 .na or on an Indian lesevve, 
 'ment, have the same vroi> 
 ^oX to entitle them to vote. 
 
 o« whole or V^^'^ ^'"^'^'' 
 ' nr on an Indian reserve, 
 ': 51 V. c. 4. B. 7. 
 other qualifications as hereto- 
 
 Aouth Renfrew, Muskoka an 
 •me to time have no assessment 
 . c. 4, s. ft. 
 
 I „Vice on the assessment roll] 
 \ 1 mme oi evory male po,.ofl 
 ^^fdeiweved to the assessor a 
 
 la xSo,i« the iacts stated a^ 
 to he lAacA thereon. 
 
 nmde hefore any assessor 
 " .^ oner ior taking afodavU., 
 "'ch officer shall, upon r.p^ 
 :; person wishing to make t 
 
 1 aVP reasonable enquiriesi 
 
 fcgo n^^*"^. , ,„t in his muuicipali^ 
 
 fect,^^^^^^^^^^ 
 I — " " ' I.- « l^ (M of tWs Act! 
 
 I Act ia no^ "* ^ ' 
 
 13 (1).] 
 
 MANHOOD SUFFRAGE ACT. 
 
 IISS* 
 
 r (!;! 
 
 sons on the roll as qualified to be voter.s without the aiBdavit. 
 
 5lV. c. 4, s. 10. 
 
 u (1) Opposite the name of every person qualified to Knt'y i>y 
 
 be a voter the assessor shall in column 4 (mentioned in sec- ^nde? Rev. 
 tion U of The Assessment Act) and (in addition to the let- ^'"*- "• ^''^ 
 ters if any, required to show the qualification of such per- 
 ^(ji, i„ rospcct of municii»al elections) write in capitals the 
 letters M. V'., meaning thereby " Manhood Franchise," and 
 shall number all such names. 
 
 (2) Oitposite every such name the assessor slndl also in 
 column 8, mentioned in section 14 of 71i.e Assessment Jc*, enter: 
 
 la) In the assessment roll lof a city, town, or village, the 
 residence of such jieison by the number thereof (if 
 any), and the street or locality wjiereon or wherein 
 the same is situate ; 
 
 (b) In the assessment roll of a township the concession 
 wherein, and the lot or part of a lot whereon, such 
 person resides ; 
 
 m\ i" '"^H cases, any additional description, as to locality or 
 oihtTwise, vvhieii may be reasonably necessary to enable the 
 residence to be ascertained and verified. 51 V. c. 4, s. 11. 
 
 12. Tiie assessor shall, at the foot of his iissessment roll. Affidavit by 
 after lie has compk'ted the same, make afiidavit before a"**^""**"'" 
 1 Justice of the I'eace in the words, or to the eliect following: — 
 
 " I have not ent(!red any name in the above roll, or improperly 
 iilaced any Icttei' or letters iu column 4 ojiposite any name, 
 with intent to give to any person not entitled to vote, a 
 right of voting. 
 
 " 1 have not intentionally omitted from the said roll the name 
 of .iiiy person wliom I believe entitled to be plated thereon. 
 nor liave I, in order to deprive an}' person of a right of vot- 
 iii!,', omitted from column -t opposite the name of such per.son 
 anv letter or letters M'hieh 1 onght to have placed there." 
 
 51 V. c. 4, s 12. 
 
 13._n) Complaints of jtersons having becMi wrongfully Comi.laliit« 
 Jitwd on llie loll as (lUiilified to be voters or of })erf;.>ns iiov [^'t!"''' '"*^ 
 aviiv,' been entered thereon as qualified to be voters, who 
 fioiild have Ijeen so entered, may by any person entitled to 
 a voter (»r to be; entered on the voters' list in tlu' mnniei- 
 iilitv or iu the electoral district in which the numieipalii y 
 isituate, be made to the Court of Kevision as in the easeot 
 
 i^J^ " 
 
 ; 1 
 
 
 
 ■ i ■ ! 
 
 ■f I ! 
 
 }■ Hi 
 
1136 
 
 THE MUNICIPAL MATfUAL. 
 
 62 V. 0. 3.* 
 
 62 V. c. 3.; 
 
 List when 
 certified to 
 be used at 
 elections 
 tbereafter. 
 
 [s. 13 ( 
 
 assessments, or the complrtints may be made to the V 
 Judge undftr The Voters' Lists Act. ' 
 
 (2) Any person who since the day upon Avhich by st 
 or by by-law the assessment roll is returnable to the 1 ' 
 and before the time for appealing against the vote:'s' H f ^ 
 of giving notice of application to the Judge to hav 
 names of persons entered upon tJie voters' list uude- 7 
 Voters' Lists Act shall have expired, has become posses 1 
 • the qualifications entitling him to vote, shall be entitl 1 
 give, or any person whose name is on the list or who h- c 
 qualification entitling him to have his name entered \\\ 
 upon, may give the requisite notice or make a|)plication' 
 the Judge to Jiave the name of such first-mentioned 
 entered upon the voters' list. 51 V, c. 4, s. 13. 
 
 14. The voters' list prepared under this Act for anv rnut 
 cipality, after being certifie 1 V)y the Judge, shall be used 
 any election thereafter in such municipality for a meml 
 the Legislative Assembly ; and in case of a municipnlitv f 
 which there is no such voters' list under this Act cai)ahip 
 being used at such election, the voters' list heretofore 
 vided for shall be used. 51 V. c. 4, s. 14. ' ' 
 
 Penalty for 15. — (1) Every person who, at an election, aimlie^ fn,. 
 
 personation. » n , • . i " ,i ' ' 1^"" loi 
 
 •^ ballot-paper in the name Oi some other ])orson, whetlierti' 
 
 name be that of a peison living or dead, or of a fictitim 
 
 jierson, or who, having voted once at an election, applies ; 
 
 the same election for a ballot-paper in his own name sliili 
 
 on conviction thej-eof, be liable to imprisonment for a terl 
 
 not exceedirig two years with hai'd labour in addition toaij 
 
 other punishment to which he is liable for the offence 
 
 This section is not to apply to a person who applies for 
 ballot paper, believing that he is the person intended bv tJ 
 name entered in the voters' list in lespect of which lie 
 applies. 
 
 (2) Evci-y pel-son who aids, abets, counsels, or prociirj 
 
 the commission of any such ofience, shall be lialile to 
 indicted and punished as a principal offender. 51 V c 
 s. 15. 
 
 afh«. 
 
 [15 (f)] — (1) Tlie oatlis to be Taken by voters, or pci-snl 
 claiming to be votei-s, undei- [this Act j shall he those set for 
 in the scheduh! hereto in Forms C, 1), E, F, (I, H, 1 aiKJ 
 instead of those mentioned in section Ul of TkOnlaii 
 Meet ion Act. 
 
X1«UAL. [8. 13 (1). 
 
 J be made to the County 
 
 lay y^^on winch by statute 
 i returnable to the elevk 
 at^aiust the voters' list or 
 ,o "the Judge to have t\ie 
 [l^e voters' list under The 
 •ed, has become possessed of 
 vote, shiiU be entitled to 
 is on the list or who Iv.is the 
 ve his name entered there- 
 tic"! or make avplication to 
 such first-mentioned person 
 51 V. c. 4, s. 13. 
 
 under this Act for any muni- 
 . the. Judge, slmll be used at 
 
 municipality for a memi>er of 
 ;\ in case of a mumcipahty for 
 \ist under this Act CiM)ahle of 
 the voters' list heretofore pvo- 
 r. c. 4, 8. 14. 
 
 , at an election, applies for al 
 ^ne other person, Nvhethertkti 
 
 .^or dead, or of a ficuH 
 once at an election, applies jt^ 
 
 >p,pev in his oNvn name M 
 K lo imprisonment for a ten 
 'bard labour in addition to an; 
 le is liable for the otYence. 
 
 I- to a person who ^vf:^^,. 
 Lis the person xntt'u;l«U tlJ 
 
 % in respect of nvIucH he ^ 
 
 L abets, counsel orpv 
 'offence, shall he Iv-O'le 
 principal offender 
 
 procure 
 
 to ' 
 
 ■dV.c 
 
 
 oath or affirmation under the ])rovisions of said sec- 
 !•"■ 91 of said last mentioned Act, be at liberty to select 
 
 FrmA.l MANHOOD SUFFRAGE ACT. 1137 
 
 [21 Every person entered on a voters' list as being a 
 Lr under [this Act,] shall when voting at any election 
 ° ler The Ontario Election Act, and if lequired to take 
 V oa 
 
 f' himself for that purpose either of the said forms 0, 
 °' r p G, H, I, and K, whatever may be the description 
 tier in the voters' list or assessment roll as to the (lualifica- 
 ^' or character in respect of which he is eutered upon 
 Sriisborroll. 52V.C.5.S. 1. 
 
 ne (hW In any Electoral District, or part of any Vetera luta 
 Electoral District, in which [this ActJ is not m force, the iiutricts 
 
 .1 lii^ts to be used shall he prepared in the same EJanner ^^^^''^ *^j»j 
 ^"thev wer® P^^°'' to the [23rd day of March, 1889,] and force. "" 
 t, Oiiths to be taken in such Electoral or ])nvt of Electoral 
 !)■ tricts shall be those provided for by The Ontario Election 
 kl. 52 V. c. 5, s. 2. 
 
 SCHEDULE. 
 
 FORM A. ' 
 
 1 OF AFFIDAVIT BY PERSON CLAIMING TO UK PLACED ON THE 
 
 l"""'^ ASSESSMICNT ROLL AS A VOTER. 
 
 I , make oath and say, as follows : 
 
 I am a British subject, (>)y birth, or naturalization), and I have 
 
 I I'ed in this Province for the nine months next preceding the 
 
 ir'nt hi the present year (th" nay to JicfUcd in here ix the date 
 
 1 ir)nV/i '>'/ Statute, or hij-law the J.vw.-'.vor U to hi'^in makiu(j his roll. 
 
 T WIS at the said date in good faith a resident of and domiciled in 
 
 Immmme of munkipaUtij for whh-h th". f».s.sr.«.*>- ;.s making his roll), 
 
 jid I have resided therein continuously from the said date, and I 
 
 tow reside therein at (here [live the dephvent's residence b>i the number 
 
 Afrtof" (i7 aiy) uiid the street or lonititi/ inher<07i or wherein the same 
 
 tlitmied, if in a citi/, town or riUatje if the residence is in a town- 
 
 itin (fm'the cuuassion wherein, and the lot or part of ike lot whereon 
 
 \ui\mkd.) 
 
 1 lam of tlie full age of 21 years, and am not disqualified from vot 
 L ;it elections forlhe Legi 'hitive Assembly of Ontario. 
 
 [Sworn before me at _ in the < 'ounty \ 
 
 , 18 ( 
 
 I {Signature of Voter). 
 |(S;;i/a/iireq/V. P., etc.) ) 
 
 tliia 
 
 day of 
 
 \{ThU 0»thmay he taken hejore any Assessor or an>i JtiMir. 
 t((, Commimoner for taking Affidavits, or Notary I'tddic.) 
 
 143 
 
 of the 
 
 ''it 
 
 • nt 
 
 f 
 
 if' 
 
 i'H^ 
 
 i? 
 
 Mi 
 
 
 i" .' 
 
 A.^^: 
 
1138 
 
 THE MUNICIPAL MANUAU 
 FORM B. 
 
 I Porn 
 
 FORM OF AFFIDAVIT FOR SAME PCBPOSK AS FORM A 
 
 But tohere the pprson hns been temporarily absent from the viunici 
 
 I. , make oath and say as follows : 
 
 I am a British subject (by birth, or naturalization) and I V 
 resided in this Provincy for the nine months next precedine th 
 day of in the present year, {the day to bejilled in herein tf 
 
 on which by statute or bi/law the Asxensor in to beyin inakiiw A'"^ 
 
 I was at tlie said date in good faith a resident of and (loniicl 
 {gii'iim name of niiiniripaliti/ for which the a,s-se.isitr w makiiui h' ^ 
 and liiive resided therein continuously from the said, date and'T 
 reside tliereiii at (hi-re (jirc the deponent's re-siilnice bii tfic 
 thereof if iini/, and the .street or lucality whereon or whrrein th ' 
 it situated if in. a eity, town or villape. tf the rexitlciice U in a t 
 Mhip, (jive the concession wherein and the lot ot part tf lot whei-f ' 
 sit anted.) ""' 
 
 And I have not been absent from this Province during the sai 1 
 montlia, excL'])t occasionally or temporarily in the itroseoution I 
 occupation as (mentioniwi <is the case may be a lumberman or n •' 
 orfshcnnan. or in altendaucp as a stndi'ut in an institvt'ton i,fL 
 in the Dominion (f Vanada iiamin;/ the institution if abacnt on -t i 
 
 I am of the full ago of 21 years, and am not disijualified from 
 ing at elections for the Legislative Assembly of Outiirio. 
 
 Sworn before me cat in the County > 
 
 of , this day of , IS . I 
 
 f i^iijnat'iri' of Voin 
 {S'Kjnnfurc (fJ. /'. or Commissioner, e.fr.) ) 
 
 {This (kith 7ninj be taken before any Assessor or any J u.ilire o, 
 Pcwe, Commissiuner for lakintj A£ldiu-il.s, or Xotury PuhUi;) 
 
 FORM C. 
 
 roKM or OAru, iti ordinary casfs, to uk ADMTSisTriUF.n at ax 
 
 TION TO VOTKIIH IIV VIRTUE OF MANHOOD SUFKRAOE. 
 
 Where the voter was a resident for nine months l)efore th Ai\ 
 
 lieijan his roll. 
 
 You swear that you are the person named, or itittiKJed 
 nanu'd, by the name of in the list of voters now sluiHutJ 
 
 Th.it you are a liritisii subject by birtli, or iiatiualizatioil 
 that you have resided in tins Province for the nine months iieJ 
 ceding tli<' «l:iy fixed by law for beginning to iivAm Uiu assesi 
 roll on winch the voters' list now shown to you is Imsed, 
 
 That yon were at the said date in good faith a resident (j 
 domiciled in this niunieii)ality in which you Jire now voting, 
 
 'I'hat you have resided in the electoral district in and fori 
 
hnVK^ 
 
 [EORM B. 
 
 PtJUrOSB AS VOHM A, 
 
 lly absent from the municipal./, 
 
 3^'^ • . V J T 1. 
 
 or naturalization) and 1 have 
 uiontUs next vreceaing the 
 
 ^sor i« '« '""!''" '""'^■'"■' '"' '■"''■^ 
 i! a resident oi and domiciled in 
 >;.' the o.s.sC'*'*"'' ^x makbm his roil) 
 Iv from the said date, andlMW 
 
 no"e»«'« »-^«''''''<^'' .''^ f"' '"*'"''" 
 
 /;/,y Kt/iercoH or i"/i''r«iii the wnn^ 
 
 If fhc red(h'»<-<' t« m a (o"''!- 1 
 
 ♦l,U Province during tlie said nine I 
 ' " Avilv in the prosecution of my| 
 "P . ' , he a Unnherman, or mamrr,\ 
 
 and am not .lis* luaUtied from vot.| 
 
 ;; Assembly of Outano. 
 tic County" I 
 ' ^^ ' y (Si'/Ma^uv'/Vo'er. 
 
 ner, *'"'■) ' 
 .„„„„ Assessor or aM.v/;'^'''-««/!«| 
 
 Lt/7i</"''i''''> *^'' 
 
 >ro(rriy /'i/^'"-.! 
 
 pilM <^- 
 
 lex, '!'«> 
 IllTl-K OK 
 
 MANHOOD srVVRAOK. 
 
 AT \S F,U 
 
 id for '"";■ 
 
 1,,,;/ h\x rol'. 
 
 tnon 
 
 th^ More tk A»>!^ 
 
 « j^jj p.1 MANHOOD SUFFRAGE ACT. 
 
 this election is now being held continuously from the said date 
 d that you are now actually residing and domiciled therein. 
 That you are entitled to vote at this election and in this munici- 
 pality- 
 That you are of the full age of 21 years ; 
 
 That you have not voted before at this election, either at this or 
 jny other polling place; 
 That you have not received anything, nor has anything been pro- 
 • ed you, either directly or indirectly, either to induce you to vote 
 Tthi? election, or for loss of time, travelling expenses, hire of team, 
 rany other service connected therewith ; 
 
 And th.'it you have not, directly or indirectly paid or promised 
 thin" to any person, either to induce him to vote, or to refrain 
 2„ voting at this election. 
 
 So help you God. 
 
 1139^ 
 
 „,>,...! or intended to! 
 A-V^':^T,notisno.showutoi' 
 
 naturalization, { 
 '.•; for the nine numtlis next! 
 
 the list 
 
 ,,\,3oct by ^>'^'t^'' °V 
 
 L'rovinoo i 
 
 Lv bogium.»g t<' --. ^^^^^^^ 
 
 ?^ *^''\;h -on are mnv voting. I 
 
 FORM D. 
 
 FORM OF OATH FOR SAMF. I'URPOSE AS FORM C. 
 Where the voter was temporarily absent /rom the Province.. 
 You swear that you are the person named or intended to be 
 led by the name of in the list of voters now shown to you ; 
 
 Tbat you are a liritish subject by birth, or naturalization, and that 
 1 liave resided in this Province for the nine months next preced- 
 r It the day fixed by law for beginning to make the assessment roll 
 rowhieh the voters' list now shown to you is based. 
 That you were at the said date in good faith a resident of and 
 domiciled in this munioipality in which you are now voting. 
 Tliat you have resided in tlie electoral district in ami for which 
 tliis election is now l)eing held continuously from the said date, 
 lud that you are now actually resident and domiciled therein. 
 That you have not been absent from tliis Province during the said 
 leuuiiiths, or at any time since, exceptoecasionally or temporarily, 
 the prosecution of your occupation as (rneiUionimj, ax the cat<e may 
 • akiHiii'.rmnn, or rnaritier, orjishennau, or in attendance ana Ktudent 
 a/i 'mi'ilidion of learning in the Dominion of Canada natninij the 
 \it\Mioii). 
 
 That you are entitled to vote at this election and in this munici 
 ihty. 
 
 That yon are of the full age of 21 years ; 
 
 Tliat you have not voted before at this election, either at this or 
 any otiier polling place, that you have not received anything, nor 
 amtliing been promised you either directly or indirectly, either 
 imiuce you to vote at this election, or fur loss of time, travelling 
 inses, hire of team, or ivny other service connected therewith ; 
 ftmi that you have not, directly or indirectly, paid or promise^ 
 thing to any person, either to induce him to vote, or refrain from 
 iiig lit this election. 
 iolklpyou God. 
 
 !1 '■ 
 
1140 
 
 THE MUNICIPAL MANUAL. 
 FORM E. 
 
 IJ'ORM] 
 
 FORM OF OATH, in ordinary casiM, to be takkn at an ftiw 
 
 VOTER ON A SUPPLEMENTARY LIST <)KV(,tk,„ * 
 
 WHERE ADDITIONS HAVE BERN MADE TO A CITY, TOWN OR vi 
 
 OR A NEW VILLAGE HA(> BKKN KOI'.MED COMI'd.SKi) ok TKRh'^**^' 
 SITUATED IN TWO OR MORE KLECTOKAL DISTRICTS, ' '^^ 
 
 Where the. voter wan a resident for nine months hofurp //,« i 
 
 began hiH roll. ^ '''« -l««w 
 
 You swear that you are the person named or intended + 
 named by the n ime of , iu the supplementary hat oi ^ 
 
 now shown to you. ^"'"^^ 
 
 That you resided iu the Province for nine months next wre 1' 
 the .'lay fixed by hiw for beginning to make the assessment r n"^ 
 which tlie voters' list now sliown to you is liascd. "' 
 
 That you were at the said date in good faitli a resident of ,1 
 domiciled in ((jirimj name of mnnkiimlity) being in tei litorv now v 
 of this municipality, and have ever since continuously resid'l 
 territory now included within the electoral district in anT f" 
 which this election is now l)eing held, ' ^ 
 
 That you are now actually and in good faith a resident of 
 domiciled within the electoral district in and for which cliis l"^ 
 lion is now being Indd. ^^ 
 
 That you are entitled to vote at this election and in this muniJ 
 pality ; " 
 
 That you are a British subject by birth, or naturalization ,inj 
 the full age of 21 years ; ' ' 
 
 That you have not voted before at this election, either at this 
 any other polling place ; 
 
 That you have not received anything, nor has anything l)eenpi 
 miscd you, either directly or indirectly, either to imhice yoiitovo 
 at this election or for loss of time, travelling expenses liireoi 
 or any other service connected therewith ; 
 
 And that you have not directly or indirectly paid or promised™ 
 thing to any person, cither to induce him to vote or to refiuin fn 
 voting at this electioa. 
 
 So ii*;lp you (lod. 
 
 FORM F. 
 
 FORM OF OATH FOR SAME PURPOSE AS FORM K, 
 
 lint where the voter has been temporarily ahncnt from the mumcm 
 
 You swear that you are the person named or intended toljeniu, 
 by the name of in the supplementary list of voters now siifl 
 
 to you. 
 
 That you resided in "the Province for the nine months next j 
 
NUAL. 
 
 [Yom E. 
 
 TAKK.^i AT AN T.LECTIOS BY 
 Y LIST OK VOTKKS, 
 
 A CITY, TOWN, OR Vll,UOt | 
 ,1ED COMl'(>HK\» OK TtUKlTORVl 
 AL DlSTKlfTrt, 
 
 le vionth^ htf<>r^ the Ammor 
 
 >ll I 
 
 3„ named or iutcuded io U\ 
 Buppleuicutary bat ol voteti 
 
 ^r nine mout\>8 next vrecedingl 
 to make the Msessmeut roll o»l 
 ,ou is based. i 
 
 ;« „ooAiaitb>^'^f"^«"*'''=^''i 
 ; • . .,\ beinu m tevntovy now pail 
 
 I Soval district m and i^ 
 
 tbia election and in tlusuram«| 
 ly birth, or naturalization, .nil 
 l^t this eleetion, cither at this) 
 
 Lv.- . nor has tiny thing been i 
 rrA^'SiertoimUu-cyoutovd 
 
 L-ewit » . promised a 
 
 „ jj Q "I MANHOOD SUFFRAGE ACT. 
 
 ,. tjie day Axed bv law for beginning to make the Assessment 
 ' ffon ffliich the votor.i' list now sliown to you is based. 
 
 That on the said date you wero iii good fc.ith a resident of and 
 
 I idled ill ('/»"'".'/ "'""*' ^f municipmty), being territory now part 
 
 H?'"ljg municipality, and have since contiiuiouHly resided in terri- 
 
 now inohided within the electoral district in and for which 
 
 Eelection is now being held. 
 
 1 „, . you have not been absent from this Province during the said 
 1 pine months, or at any time since, except occasionally or tem- 
 lv i" the prosecution of your occupation as (tnenHonituf, a,s the 
 r ^"rti/ />«, '* mariner, or luniberman, or Jinhtrmun, or iu. attendance 
 l"'iitude.'it '» "'* »"«<*<'t'*0'* o/learniny in the Dominion o/' Canada, 
 \llwj tk inditntion). 
 That yo" "■'■*' ""^ actually and in good faith a resident of and 
 . • .jg^ within the electoral district, in and for which this elec- 
 Zm now being held. 
 That 'ou aiC ^^ntitled to vote at this election and in this munici- 
 
 ptlitv ; 
 That you arc a British subject (by birth, or naturalization) and of 
 
 ltheiullageof21ytar8; 
 That you have not voted before at this election, either at this or 
 ,y other polling place; 
 
 That you have not received anything, nor has any thin ; b-en pro- 
 gp(lvou either directly or indirectly, either to induce /ou to vote 
 this election, or for loss of time, travelling expenses, hire of team, 
 jDV service connected therewith ; and that you have not, directly 
 [indirectly, paid or promised anything to any person, either to 
 iduce him to vote or to refrain from voting at this election. 
 So help you God. 
 
 [(MEMORANPrM : 
 
 Where a voter does not come within the nine 
 
 Btths' r rovirtion in 'he foregoing forms, but has resided within the 
 Lince for the twelve months next preceding the time up to which 
 iiitlaint may be made to the County . I udge, under 77te Voters' 
 iAct, or this Act, the following forms may bu u.^ied) :— 
 
 llM F. 
 
 FORM G. 
 
 IDF OATH IN ORDINARY CASES TO BE ADMINInTKRET) AT AN ELEC- 
 TION TO A VOTER BY VIRTUE OF MANHOOD SUFFRAGE. 
 
 „TiE HE WAS RESIDENT FOR TWELVE MONTHS PRECKDINO THE TIME 
 ["for MAKINO APl'EALS TO THE COUNTY JUDGE TO BE PLACEU ON 
 IvOTEKS' LIST. 
 
 lou swear that you are the person named or intended to be named 
 ienarae of in the list of voters shown to you ; 
 
 kt you are a British subject by birth, or naturalization, and 
 [you have resided in this Province for the twelve months next 
 
 1141 
 
 i[ mil 
 
 mm 
 
 '■•■', 
 
 , ' 
 
 I ; i ^ 
 
 m 
 
 
 m 
 
 . »• V 
 
 , i ' 
 
 ! 
 
 V 1 
 
 I'w 
 
1142 
 
 f I 
 
 II 
 
 THE MUNICIPAL MANUAL. [^ORM C 
 
 1 io\^ under the Act reladng to Voter 
 nreceding the last day on ^"°"'^^ ^^,^ ciounty Judge to ineert 
 Sst^^ r you the name of any person omu. 
 
 ther J om ; ^ ^ ^^ !„ good faith a resulent of a 
 
 That YOU were at t^« «^^^ ",, which you are now voting; 
 
 donliciledin th>B -"»- VaUy;"^^,„t,,al district in ..I for.Ji 
 T^at 'ou have resided in U^oei.,,„„„,iy f,..„„ t' o s.v' da 
 
 t..,. ele. r,ion is now J^-it and d >..aciled thercia ; 
 
 'i li vt you are entitled to vol 
 
 "*'^'^^' ' «^f fht. full age of 21 years ; 
 
 Tho .'U arc ^^^^J^'^^^^^^^j before at this election, either at thii 
 
 any ITtlier 'polling V^ac«; .y^jng, nor has anything 1 
 
 That you have "«* .*^«";X or indirectly, either to induce yo 
 pJmSed you eiUier ^^^-f ^^/Jtiaie. travelling expends, h. 
 ?ote at this «l;^;;^;«'J;;;i;e connected therewith ; 
 team, or any other service ^^ indirectly, paid or pror 
 
 And that you hav« "ot dir ^^ y^^^^^^ ^^.^^ ^^ ^.^.^ „, ^o re 
 
 -;S^-S^Kaon. 
 
 So help you God. ^ ^ 
 
 FOUM H. 
 
 . ..ME PUBFOSE AS FOKM O, BUT WHEB 
 KOHM OK OATH KOH ™« J^,f JmpOHAHI.V ABSKNT. 
 
 tl,^ Tierson named or intended to be 
 
 You swear ^hat yo^.^i'^.^XK" ^^" ""' ''"'; '" i'T^ 
 by the name of ^n ^ ^ ^^irth, or naturali/atio 
 
 That you are a T^"*^\'^'ui« Province for the twelve nu,ntl 
 
 Sf S;£.-'^;L- rl^rr..'- o[ any ..- . 
 
 the voters ust now 
 
 thorcfrom ; . • i ,Ute in good faith a resident 
 
 That you were at the jcl ^^^^^J are now vot.ug; 
 aom iJl i'^ this nmniipal > ^^^^^^ ^^.^^^.^^ . ,^, 
 
 That you have resided in e ^^^^.^^^^^^^^^^ ,,,m the .. 
 
 this election i^ '^"^^ ^ ^nt an'^ '^^^^^^ '^'''''' ' , ■ 
 aid are now actually ^«^^^^" j,„„ this Provnjce dmn> 
 
 That yo"^^.t^"i-^-- «^^:t°^^;S: 
 
 ^"•f ^i'th .rosecution of y^.^:^^^'^'^'' "'-"' 
 
 nA a Mudenl in "« '" 
 
 Tamin, the i.lMU^au>v^ ^^ ^^.^ ^^^^,i,„ ,„a b th> 
 
 That you are entitled to v 
 
 pality; * *i,e full age of 21 years ; 
 
 That you are of the luu ag 
 
AL MANUAL. [FORM G, ■ FOBM L] MANHOOD SUFFRAGE ACT. 
 
 under the Act reladng to Voten' 
 ■o the County Judge to insert in 
 ' the name of any person omitted 
 
 e in good faith a resilient of and 
 which you are now voting; 
 lectoral district in r-.d forwhicli 
 continuously frov. t' o Si.v' date, 
 I dJiaiciled therein ; 
 it this election and in this munici- 
 
 21 years ; 
 
 re at this election, either at this otj 
 
 anything, nor has anything beei 
 r indirectly, either to induce you 
 of time, travelling expenses, hire 
 •cted therewith ; , 
 
 ,ctlv or indirectly, paid or promised^ 
 to induce him to vote, or to reiraal 
 
 person named or intended to he nam 
 St of voters now shown to voir, 
 
 \,iect hy hirth, or naturah/ation, i 
 rProvince for the twelve numtbs. 
 •.V, under the Act relatini; to\ot(i 
 'ilde 'to^S County Judge to n.ertj 
 ryou the name of any person o>ni«| 
 
 1 date in good faith a resident of i 
 ^U.fwh\"hV.uarenowvotu.,; 
 
 ' the electoral district "';"''! M 
 U continuously iroui the ..iii 
 t ami domiciled therein • 
 
 i. f „, tins Province duniig the* 
 bsent f;°";^^J"\ Vceasionally or J 
 
 ^'' '!" oocupaK-n as (meniiom4 
 . your occupati ..,,,,, ^ 
 
 , vote at this election and b tlmd 
 
 1143 
 
 FOIIM I. 
 
 |n,BM or OAT.l IN OR,, ..KY CASKS TO Bp ta^pv 
 
 iTHKRF, ADDITIONS IIAVR BRKN MAlJF T 
 
 OH A NKW VILLAOK HAS BKKN KORM.mT^' '^"^^> "« VILLAOR 
 .TVATKD ,N nvo OK MOKK K^.^^I^'l^.'^^I^XS' '" "^"'^""^V 
 
 ISIi WHEHK THE VOTEK M'AS KF.SIDKVt 
 
 CKmNd THE TIME KOK MAKING AVpZ^i r^''''''- *'^^"^«S I'm 
 TO BE PLACED ON VOTEKS' LIST. ^'"^'"^ '« THE COUNTY JCdoj^ 
 
 lYini sH'ear thaf. you tire thp nor-c .. 
 
 pat you resided in tJiis Province for f«- i 
 
 ikr day on winch, under the A rrdall.' r "i^''? "'"^^ ^'^^^e^Jing 
 lint cnuld be n,ade to the County Ju t ' 1 "^f** L'^^*^^' «»«- 
 Inow shown to you the name of anv S "■'"''* '" *''« voters' 
 Lpu were .t the said date i.Vorr;:;;;"'"''^'^ theref.^r 
 
 1 .8 niunicipahty, a.ui have ever s fee nn ? ^^^ritory „oiv part 
 Vory now ,„c uded within the SSctorTTT^^ r^^nllZ 
 fch tins election is now being held ; *^''''"^*' district in and fo" 
 lilt you are now actnaUv and .•«' „ j , . 
 
 ieilea within the electofald ;t4t^*Jn ^'l*'? "" '^'^'^^^^ of and 
 Is now being held ; ""''' "' '^"fl for wh.ch this eLc 
 
 P"" """"""""""-*"«-»**.. .na ,■„ M,. „„„,„i 
 
 it you ha'o not voted before n+ +i • , 
 
 f her polling .dace ; ^""^^ ** *^»« «J«ction. either at this or 
 
 it you have not received nr,w*K- 
 
 Kyou either direetlyor inSectTv' "m ^'^^ '^"^^t'""^' been 
 
 V't* you God. 
 
 I» .• 
 
 ,ii I ; iff 
 
 r 'Pi f; 
 
 ;. M 
 
 1 
 
 j;p; 
 
 fft 
 
 JkL ■ 
 
 m 
 
 ' m.' 
 
 fi 
 
 " Ki! 
 
 1 
 
 
 w^ 
 
 f '! 
 
 1 ' 
 
 
m\ 
 
 1U4 
 
 THE MUNICIPAL MANUAL. 
 FORM K. 
 
 [Form K 
 
 ..OKOATnKOHSAMKrUUrOHK.OTHKHW.HKX«KOHMt. 
 
 „,„ ..craon uauiea or lutoiuka to he nam 
 
 You Bwoar that you are th ;^ ,^„,eutary \i«t of vot.r. n.,w hIu, 
 
 , W .,..nio of '" . • Vi ,u I'roviuce tor tl\o tvvelvo num 
 
 ty thonanu^*-' ,.,,,iaoa u. ^» f I "^ un.lcr the Act nl.tin^ 
 
 SLxVp^ec^^K ^»"; ;;;f e:a i .So to the County .hwl., to i,; 
 Vnterl' UiBtfl. ^•""V^'""\*' " to V«>u the uaiuo ol any V';r"'u omit 
 ^ Jw V tern' list nosy »»'"«'," .^'Jyou were in K<.o.l t.alh a rm> 
 ^*ISn m; that at tl>e Ba..l ' . t^ y ,„„,„-,i/„/,v,/), Ini,.^ t.rni 
 5 ana omicileA in <!/"""/' '"^ have nince contuua.usly resi.U 
 tr;lvrt of thi«^ -;;;;-|rl\;f,; Z electoral diBtrict ,u an.l for . 
 
 KSirism'- ^"^'"^ ';';;;e«iaentof and ao„ndh.l .itlun 
 
 That yoix ^t-o "V^ '"iS for which thin election is now benig hel, 
 
 electoral lUsti'ict m nui ^^^^^^ ^^^.^ rn.viiice durins^ tlu 
 
 That you have not ^f «",;;:, i'„ec except occaBio.,aUy orten.vor 
 
 tW ve months or ^^^ '^"y f "/.^ "upatio-.i aH [m'ufumwi «.s Ih . «.s 
 
 ;»w<i«««io«)' ^_.. , ,iy and in good faith a re.i. lent < 
 
 That you are now a uallj ^^^.^^ .,^ ^,^, ,,, ,,,,, th,s e 
 
 domiciled NVithia t Ue . , . ,. • 
 
 ia now heinn l»eld ^^^^ ^^ ^^^j^ election and ni this i 
 
 That you are entitlca 
 P^^^^y •• , a nritiHh Bubject (by Wrth, or natuvaluatioa) 
 
 That you are a l^riusi 
 the full age of 21 y-us ^^ ^,^,^ ,i,,tio„. either ai 
 
 That you have not v.»tea 
 
 any other polling pUtcc. thing, nor has anything 1, 
 
 'iM, ,t vou h we not '•^'' ''»''' '\,,iireetly, either to uuUic. yoi 
 
 >vo« either directly ^r >' [.^^^yjelling expenses, hire 
 
 Tth s^e£tu.n, or for ^^J;^^ f and that yuu have not. 
 
 * I «r.rvice connected th^-r^^^"' .j i„g to any person, . 
 
 induce him to vote oi 
 So help you Ood. 
 
 :;«#; 
 
 >%• ■.'T-'m 
 
 
ih^VKl^' 
 
 [Form K. 
 
 1 2(1).] 
 
 try af'«eHce. 
 
 1 ov u\te>vAc(\ to \>« named 
 
 icntivry . ^ tv.cVvi' mouths 
 
 •'■^\'"nn.\cv t\>u Act v.\.tiu,; to 
 ^»*'^"' i .. Cimntv .i»>'^U" to WKMt 
 
 ^,v^were I H ^.^n^^ t^nilory 
 
 H'^'Lra "vintrict in .uuUov .kch 
 e\ectorin 
 
 . ( and (\om\c\\i-.A wilWm the 
 
 .UisVrovUu-xilunusthcsMd 
 t ^^■''"' !iocc.«iou.vUy .>rtemvoran\y 
 
 ,;U.u)'-»'^«^'''.',.,,,/.,,,/<n.c.'a.sM«(ml., 
 .,;„,r(rirtii,/" . (irti.tttta, ntti.umj I 
 (he i;omt«to» <•/ ^ 
 
 1 t..\t\\ a resilient oi ai 
 auA in good Jam ^^^ 
 
 district in '"^^^ 
 
 . „o- has anyt\^i"g^«»i 
 iuaircct\y,« ;, ,,,«cs,inreoH 
 
 shops' regulation act. 
 
 51 Vict. cap. 33(a). 
 
 1145 
 
 Xn Act to rpffulato the closing of Shops and 
 ihe Houi'H of Labour therein lor Children 
 and Youn::: Persons, 
 
 . Assfiiited to Qfh'd March, 18SS. 
 
 aKR MAJKSTY. l>y and with the advice and consent of 
 tlie li<^j,'iHl!»tivo Assembly of the Province of Ontario, 
 [enacts as follows:— 
 
 ^hort title. 
 
 1 l\) Thin Act nuiy be cited as '^ The Ontnrin Shops' i^ 
 \M^!:ilon ^''U 1^^^-' MV.c. 3i,s. 1. 
 
 1 2_(i) Unless the context otherwise requires, the follow- mterprota- 
 li (f words :>'"! expressions in this section and in any bj'-law "°°- 
 ' 1 (imlcr the provisions of this section shall have the 
 
 neauin 
 
 „ liort'by assi^^'ned to tiieni respectively, that is to say ; 
 
 iglion'" moans any building or portion of a building, 
 boolli, stiiU, or place where goods are exposed or 
 oili'i'i'd for sale by retail ; but not where the oidy 
 tiiule or business carried on is that of a tobacconist, 
 news-agent, hotel, inn, tavern, victualling house, 
 or n'^Vcshnient honst*, nor any premises wherein, 
 miller licensi'. spirituous or fermented licpior is sold 
 1)V ri'tail tor consumption on the premises. 
 
 t'Closetl" means not open for the serving of any cus- 
 tomer ; provided that nothing in this section or in 
 any by-law passed under authority then'of shall be 
 (loi'ined to i-eiider unlawful the continnance in a 
 shop after the honr api)ointed for the closing there- 
 of, (if any customers who were in the shop immc- 
 (liately before that hour, or the ser ing of such cus- 
 toiiuM's (Im-ing their continuance therein. 
 
 jmucorpoviitod village" shall mean any unincorporated 
 villii"e or settlement lying wholly within the limits 
 
 i The amcmlnieuts'macle by 52 V. e. 44 are iutroiUiccil into this 
 
 lU 
 
 [f 
 
 *.'■ 
 
 r 
 
 W . E. B ' 'n 
 
 1* • * 
 
 V' 
 
 ' H 
 
1146 
 
 TIIK MUNICIPAL MANUAL. 
 
 [h. 
 
 Br-law* 
 determining 
 hours nf 
 oloRini;. 
 
 Couiioil to 
 paHB by-law 
 on applica- 
 tion of 
 oucu piers of 
 sbupH. 
 
 of it towiiHliip, and wlucli, by by-law, tin; < 
 of thr towiiHliip ill wliicli tlin sitiito Ik Nitimt* 
 under a name and with boundaiies lu Im ,|, 
 and defined in and by hucIi l>y-la\v, sci. nunv 
 the reniaiiiiii^ portion of the towiislii]) j|, 
 the Hanto is situate, for the pnrpDses of tlij 
 and with the intt^nt that Kiieii nniiic()i'|ii,|,,( 
 hi;,'(5 or Mtfttleint'iit may \)ti brought uinlci' i||,, 
 tion hereof." 
 
 " Local Council " ineaiiH tlie nuinieipal couiiril of a 
 town, oi' incorporated villnj^e, or tlus uiiii 
 council of any township witiiin whicli Is s 
 any unincorpoiateiJ villa;^e, as the ease luay 1 
 
 "Municipality" nuvms the city, town, or incoipr 
 village, the municipal council whereof, eithci 
 Hp[)Iication made in that l)elialf or otherwise 
 any l»y-law under the jtrovisions of tlii,^ y^. 
 and also means any unincdijxiiatcd \ ill;iir,. tj 
 within any township, the munieipiil (.oin,, 
 which townsliip, either upon appliciition um 
 that Ixdialf or otherwise*, pas.s(!S any itv-law i 
 the provisions of this section. A^ V. c. 44 
 
 ■ (2) Any local council amy by by-law require that dj 
 the whole or any part or parts of tlu* year, all (ir ai 
 or classes of shops within the municipality shall \h 
 and remain closed on each or any day of the ,\ cck at ,• 
 ing any time or liours btstween seven of the clock 
 afternoon of any day and five of the clock in tlie f( 
 of tlie next following day. 52 V. c. 41, s. 4. 
 
 (3) If any application is received by or presented to 
 council, ])raying for the passing of a by-law re(|iiirii 
 closing of any class or classes of shops sitiiati; wit 
 municipality, and the council is satisfied that such j 
 tion is signed by not less than three-fourths in iiiiinlje 
 occupiers of shops within the municipality and lK(l()ii;,'ii) 
 class or each of the classes to which such ap|)licati(iii 
 the council sliall, within one month after the recei[it( 
 entation of such application, pa.ss a by-law givin!,'(tr('t 
 said application and requiring all .shops within tiic 
 pality, belonging to the cla.ss or classes sjiecilicd in tli 
 cation, to be closed during the period of the yeai', mn 
 times and hours mentioned in that behalf in the apjil 
 
, manua'' 
 
 [h. 2. (I). 
 
 
 ..;.-ii.ii\ couni-\\ of ii city, 
 
 " •il^J.o, .H tl.e ^'an*' may i.. 
 , citv town, or iui;.nv.M-.u.,l 
 Womunl wheveol, i-itlu-v «vou 
 
 \f''^ : V silns or tin. ..tic' 
 s\»ip. tl»« 
 
 iicutioii iiiiuleini 
 
 .. this Hocuon. .'^ ^•'^- ' 
 "^ ^ t th.> veav, ul\ or any Ad 
 
 ^^'^^7a::;So^v..k.t..i.i^ 
 
 t ^ t:. clocU in the ton. 
 
 V-'^«^"^S"'ll Situate ^viauntl 
 ummucipai") . • ,^relat 
 
 to 
 repealed 
 
 g2(lO)] shops' REOULATION ACT. II47 
 
 (4) A local council inny by by-luw make regulatioriH as to ReguUtiom 
 the form of any application to be made undor the preceding "dYro^of 
 jubseotion, and as to the evidence to be produced roHpectiiig •PP''««Wonfc 
 the proportion of peraons signing hucIi application, and an to 
 
 the elassiHcution of shops lor the purposen of this section, and 
 itslmll not bo cotnpulsory upon a local council to pass a by- 
 law umler said preceding sub-section imloss and until, with 
 respect to the application nmdo therefor, all such rogulations 
 littvebeen duly observed. 
 
 (5) It' the application mentioned in the next preced ng two ••"•"Mntation 
 subsections is delivered to the clerk of a council, it 8i\all be uon.''''"'* 
 deemed to have been presented to and received by thecooncil 
 
 within tlie meaning of said preceding sub-sections. 
 
 ifi\ Every such by-law shall take effect at a date nan)ed ^•""'nonp*- 
 therein, bouig not less tlian one nor more tlian two wcnsks puLnf-ntim 
 after the passing thereof, .ind shall before that dat«( l)e pub-"'*^^"'*"' 
 lished in HUi'h manner as to the local council passing the by- 
 llaff niiiv appear best fitted to insure the publicity tlioreof. 
 
 I') A local council shall not have the power to repeal aby-"y'»^" 
 liiw passed pursuant to 8ub-.section .1 or tins section, excejttoniy m 
 proviiled in the next following sub-section. mhHi^^s'^ 
 
 (8) If i»t any time it is made to iipj)ear to the satisfaction When by. 
 II local council that more than one-third in number of the J^* ^*J '^ 
 coupiers of shops to which any by-law pusscid by the council 
 uli-r the lUitliority of sub-section 3 of this section relates, 
 of any class of such shops, are opposed to the continuance 
 such by-law, the local council may i-epeal the said by-law, 
 may repeal the same in so far as it atlrcts such class of 
 lops as iiloresaid, but any such repeal shall not allect the 
 >wer of the council to thereafter pass another by-law under 
 iv of tlie provisions of this section. 
 
 [(!)) A shop in which trades of two or more classes are flow ng of 
 tried on, shall bo closed for the jmrpose of all such trades "vj"!!!!", '" 
 Itliehoiir at which it is by any such by-law refjuired to be "•'*'!''»' 
 
 id for tiii> purijost of that one of such trades as is the curried on. 
 
 icipiil traile carried iJi in said shop. 
 
 llO) A phanuacouticnl <'homist, or chemist and druggist Exception m 
 
 not nor shall any occupier of or jjorson enjt)loyed in or d*rugglBU.^ 
 
 It a shop ill any village be liable to any line, penalty, or 
 
 |isLiiu'nt unilor any such by-law, for aui)plying medicines, 
 
 *. or iiieilicjil :i|»pliances after the hour a])|)ointed by such 
 
 iw tor the closing of shops : but nothing herein contained 
 
 .M ;'. 
 
 ,,:W 
 
 
v8: , 
 
 4 . .:j 
 
 W'i 
 
 ¥ 
 
 1148 
 
 Supplying 
 •rtidei to 
 lodgero. 
 
 Agent or 
 8prv!int to be 
 liabln to 
 penalty. 
 
 Power cf 
 OCClll>iei to 
 
 exen<pt 
 himself on 
 conviction rf 
 antUHl 
 olTeudur. 
 
 TIIK MUNICIPAL MANUAL. [«. 2 (K 
 
 sliiill be deemed to authorize any person whomsoever tokei 
 open shop after the said hour. /)1 V. c. 33, s. 2 (3 10). 
 
 (U) Nothing in any such by-law contained sh Jl vend 
 the occupier of any premises liable to any tine, jieiialty i 
 punishment, for supplying any article to any person iocloji 
 in such premises, or for supplying any article requiied f 
 immediate use by reason or because of any emergency utisii 
 from sickness, ailment, or death ; or for supplying or sellii 
 any articl*! to any person for use on, or in, oi' about, or wit 
 respect to any steamboat or sailing vessel which at the tin 
 of such supplying or selling is either within or in the inmii 
 diate m'ighl)()urhood of the municipality in which said im 
 mises are situate, or for use by or with respect to any pcisfi 
 employetl or engaged on, or being a passenger on oi- Ky mi 
 such steamboat or sailing vessel ; but nothing herein coi 
 taincd shall 1k> deemed to authorize any person whonisocvf 
 to keep <)j)eu shop after the hour a))pointed by such In-lai 
 for the closing of shops. 5 1 V. c. 33, s. 2 (1 1) ; 52 V. c. 44, ,s. i 
 
 (12) Where an ofltMici! for wliich the occupier of a s!ifmi 
 lial)le under any sucli Ity-law to any iine, ponaltv or )nlni^| 
 nient, has in fact be(>n coininittcd by some agent or sonaii 
 of sucli oi'oupicr, such agent or servant shall be li!il)h' to tli 
 same tine, penalty or punishment as if lie wei-c the oocuiiiei 
 
 (13) Where tlu' occupier of a shop is charged with a 
 otlence against any siieli l)y-law, Im shull be (Mititlcd. iino 
 information diiiv laid bv him, to have aiiv otl 
 
 Duici' |i('r,Mj 
 
 whom li»' charges a.s the actual offeutler, brought licf'ore tli 
 Court at iho time apjjointed for hearing tiu; cliargo : and: 
 after the connuission of the offence; has been jiroved, the 
 occu])ier proves to the .satisfaction of the Court tliat he 
 
 >.il 
 
 u.sed duo dili<'onco to enforce the execution of the 
 
 proviviflil 
 
 of the l)y-law, and that the said other person coniinitteil tl 
 oflence in (piestion without his knowledge, consent or cnl 
 nivance, or wilful neglect or default, the s>i(l occniiieisli; 
 be exempt from any tine, penalty or punishment ; hut tl 
 .sai<l other per.son shall thereupon b(> sninniiuily conviotedf 
 such otlence and shall be liable to the same line, [lenaltyl 
 
 pu 
 
 nishment therefor as if he were the 
 
 OCCU) 
 
 )ier. 
 
 (14) Subject to the provisions in this section eontaiiij 
 
 ny-!aws to 
 
 be deemed , . i • i 
 
 to have been any by-law pas.sed by a local council under tin; authority 
 
 psKsed under , 
 lU'v. Stat. 
 c. )S4. 
 
 this Act shall tor all purposes wdiat.soever he deemed i 
 
 taken to have been passed under and by authority of 
 
 Municipal Act and as if this section had formed part of 
 
 
,oon whomsoever to keep 
 
 V c. 33, 8. '1 (3 10). 
 
 V containea sl.ai vender 
 e to any tiuo, ve«a\ty, or 
 cleto any person lodging 
 r any "Vticle vec^vnied for 
 e of any emergency uvismg 
 'ov for supplying or seUmg 
 ,u, or in, or about, or ^^;>tl» 
 
 "vessel wl'H-1' =^t tl,e tune 
 for witlvin or iti th. mun.- 
 
 : with respect to .m- ^vsou 
 ., ,v vassenger on ov by auy 
 f. vlut nothing liereui con- 
 •' .,nv perscnv wlioinsoovev 
 
 ;n;^v!toahysucu|,-u. 
 
 W,s.-.ia^)'^'-^-''^'"'' 
 
 Ju-h the occupier of a s^>oin^ 
 
 ' V iiue, penaUy or y^nuAv 
 
 , Lsome agent or sevvuut 
 
 't^^ntshaUheU.bi.totW 
 ;:tusifUower.theooc«vu.. 
 
 If .. shop in c\.=u-gea Nvitb .n 
 ^ T h-M ho i>utitl(-d, upon 
 
 a oUenAer, bu u , 
 
 L> iw.-u'in" toe c.n.ii„'' 
 
 r h- l'H>.uin'oved,tks. 
 
 '"^'' o thei^ovn-ttbatky 
 .l,e execution ot xm i 
 
 n>iut\ oi I eouvK'twlf" 
 
 were the occupiev. 
 
 Louncilunae l^^^^-^^^^^^^^^^^ 
 
 k"^:;Tv;.Xntyo^a 
 
 3(2).] 
 
 shops' regulation act. 
 
 1149 
 
 )[unicip(il Act ; and this section and llie Municipal Act 
 shall be read and construed together as if forming one 
 ^ct 51 V. c. 33, 8. 2 (12-14.) 
 
 (15) The mnnicipal council of every township shall, with Powersof 
 respect to any poition of such township which, by by-law, councili!* 
 such council has set apart as an iniincorporated village under 
 the provisions of this A ct, have all the rights and powers con- 
 t'eired by this Act on the council of any city, town or incor- 
 DOiated village, and may under this Act pass by-laws which 
 shiill iinnly exclusively and only to that portion of the town- 
 shii) so wet apart as an unincorporated village. 
 
 (16) A by-law passed undei* this section for the closing of ''.°''"*'<*""- 
 allorrtnv class or chvsses of shops within an unincorporated pass by-laws 
 vilhce may as to any or all of its terms and provisions differ f,"^^"en'"*'' 
 f,.,ini 'inv other bv-law i)a.ssed bv the .same local council for provisions 
 
 ""'" '^" . ' ,,' ' , " , £ , . ., for different 
 
 the dosing ot all or any class or cl!is.ses ot shops in any other localities. 
 umiKorporated village within the same township. 
 
 (17) Notwithstanding that the occupiers of any elass of Hy-iaw in- 
 
 shops rci|uir(>d to be closed by a by-law i)assed, or puii)orting^'^|!'|,'*^*^" 
 
 tniii' ii'isst'il, under or punsuant to the provisions of sub-section may ha good 
 ^- 1 '. . ,1 .1 1 • 1 • "8 to others. 
 
 :) of this section may not Jiave presented nn ai)i)lioation, as 
 
 required bv said sub-section, for the [)assing of such by-law, 
 
 fvm- such by-law shall, noveitheless, and to all intents and 
 
 foviill pmposes, \>o. held and deemed to be valid and eiVectual 
 
 lasiesiiccts any other, and tlu^ oocupiers of any other class of 
 
 ' shops thereby re(|ni red to be closed in conformity with any 
 
 aiiiilicjitiou in that behalf math,' or presented to the eouneil by 
 
 Itlu' iviiuisite number oi oecu|.'iers of said last mentioned class 
 
 [of shops. 
 
 iS\ The onus of proving that an application in compliance Burden of 
 Ivithsiib-seclion 3 of thi.« section had not been presented to a*^ 
 Ikal coiuicil bv the recpiisito number of the occui>io!s oi any 
 IcW of shops re(iuir(Hi to l)e closed by a by-law passed or pur- 
 iitiu" to be passed under or pursuant to the j)rovisions of 
 Lkl subsection shall, in all cases and for all purposes, be upon 
 Ihe person asserting that such ai)plication had not been so 
 Wseuted. b2 V. c. 44, s. 5. 
 
 \—[\) This section shall come into operation on the first Commence- 
 by of January next after the passing of this Act. "ecUon. 
 
 (2) In this section, unless the context otherwise requires, {i'J,^'"^'***' 
 
 H' ■"}'' wl It 
 
 ■•*?. 'M will ,. 
 ■I- -III ' 
 
 %'> 
 
 ■f''; i 
 
 - 1'- 
 
 : I w\ 
 
1150 
 
 Employ- 
 ment of 
 young 
 personfi. 
 
 Employ- 
 ment of 
 youDif 
 
 THE MUNICIPAL MANUAL. [3, 3 /2\ / 
 
 (a) The word " shop " shall mean any retail or wholes; 
 
 shop, store, booth, stall, or warehouse in wlii 
 assistants are employed for hire. 
 
 (b) The expression " young person " shall mean any bo 
 
 under the age of fourteen years, and any girl un 1 
 the age of sixteen years, as the case may be • 1 ^ 
 shall not mean or include any person whose iis*^ 
 and ordinary employment in or about a shop is tj"' 
 of a driver of a delivery waggon, van or vehicle '^ 
 
 (c) The word " employer " shall mean any j)erson who ' 
 
 his own behalf, or as the manager, superintend ■ 
 overseer or agent for any person, firm, conipiiiiy " 
 corporation, has charge of any shoj) and employ 
 persons therein ; ' 
 
 (d) The word " week " shall mean the period betwe • 
 
 midnight on Sunday night and midnight on th 
 succeeding Saturday night ; 
 
 (e) The word " parent " shall niean a parent or guardiai 
 
 of, or a person having the legal custody of, or tin 
 control over, or having direct benefit from tiu 
 wages of a child or young girl. 
 
 (3) A young person shall not be emi)]oyed in or about; 
 shop for a longer period than seventy-four hours, inchuliii« 
 meal times, in any one week ; nor shall a young person Ij! 
 so employed during any Saturday for more tlmn fourteir 
 hours, including meal times, nor during any other day foi 
 more than twelve hours, including nu-ai times, unless a dif 
 ferent apportionment of the hours of labour punhi) lias beei 
 made for tho sole purpose of giving a shorter day's work ui 
 some other day of the week ; and there shall be; allowtd ;u 
 meal times to every young person so employed not less tlmr 
 one hour for the noon day meal on e.ich day, and to even 
 young person so employed on any day to any hour later tlial 
 seven of the clock in the afterJU)on, not less than Ibrtv-rivJ 
 minutes for another or evening njcal, between five and eijli 
 of tho clock in the afternoon. 
 
 (4) A young person shall not to tho knowledge of hi 
 employer, be employed in a shop who has been previously 1 
 persons who the same day employed in any factory as defined hv 7ji| 
 Hamedny Ontario Factories' Act (a) for the number of hours permitte 
 
 been 
 
 employed in ' 
 
 « factory. (a) See Hev. Stat. c. 208, ss. 2 and Q. 
 
 
 

 ,NUAL. Is. 3 (2) («). 
 
 \ any retail or wholesiile 
 or wavehouse in which 
 r bite. 
 
 on " B^^a-ll mean any \ioy 
 years, and any girl under 
 as the case raay be ; hut 
 le any person whose wsual 
 t in or about a shop is that 
 waggon, van or vehicle ; 
 I mean any person who in 
 e manager, superintendent 
 ,v T)erson, firm, coin\)any or 
 i of any sbop and employs 
 
 mean tbe period between 
 nigbt and midnight on the 
 igbt ; 
 
 mean a parent or guardian 
 ' tbe legal custody of, or the , 
 iuig direct benefit tVom tlie 1 
 Dung gir^- ] 
 
 ,t be employed in or ahout . I 
 seventy-four bc>ur:s mdudu.g . 
 
 nor sballa yonug pevsou be 
 
 .a:,v for more than fourteen] 
 
 ,M«ringany other day t.r 
 ding meal times, unless a. l,t. 
 
 nvs of labour per da> has Wuj 
 ■living a sborter day s work ua 
 Idtberesballbeallowe^^u. 
 
 Consoemployednolesstl^ 
 
 ll on eacb day, and to e e.i 
 Uv day to any Uonr later ty 
 
 t>o ! not less than tbrty-hv 
 fyreal, between five and e.gh| 
 
 I not to tbe knowledge of l|j 
 
 Lptbo bas been in-evjously a^ 
 r.rfaetory «H defined by I 
 
 l^be nun.ber oHum^^^p^ 
 and 6. 
 
 SHOPS REGULATION ACT. 
 
 1151. 
 
 s. 3 (9).] 
 
 bv the said Act, or for a longer period than will complete 
 such number of hours. 
 
 /'i\ Where anv young person is employed in or about a I'stiaity 
 shop contrary to the jtrovisions or this section, the eniployer i mpioycr. 
 hall upon conviction thereof, be liable to a fine not exceed- 
 nff !^20 for each person so employed, with costs of the prose- 
 cution ; and in default of immediate i)ayment of such tine 
 ml costs, to be imprisoned in the common gaol ot the county 
 within wldch the ottence was committed for a period not 
 exceeding one month. 
 
 iR\ The parent of .uiy youns? person employed in a shop in '''"Hay 
 mntraveiitiou of this section shall, unless such employment is parent, 
 without tlie consent, connivance or wilful default of such 
 viveiit be guilty of an offence in contravention of this Act, 
 lul shall for each otlenci!, on summary conviction tliereof, 
 irur and pay a tine of not more than $20 and costs of 
 nrosecution, and in default of immediate payment of such 
 Leaiid costH shall be imprisoned in the common gaol of the 
 county wherein tlio oiFence was committed for a period not 
 exceeding one mouth. 
 
 ,7) The occupier of any shop in which are employed "'eats fur 
 t'emaH shall at all times provide and keep tluirein a sufficient employees, 
 and suitable seat or chair ibr the use of every such female, 
 ml shall permit her to uso such seat or cliair when not 
 iiecessarilv en,t;aged in the work or duty for which she is em- 
 nloved in sui'li shop ; and anv person offending against any of 
 the provisions of this sub-section shall upon conviction thereof 
 he liable to a fine not exceeding i?20, witli co .s of the 
 woseeution, and in default of immediate payment of such 
 Leaiid cost,s, to be imprisoii.^d in the common gaol of the 
 couutv within which the offence was committed for a iieriod 
 notexWHliug one month. 
 
 i^\ In every shop m which any young person is employed Notice of 
 theiv^liiiH b(^ kept exhibited by the employer in a conspicu ^,,„pi,...njt.nt 
 ousplacea notice refining to the provisions of tiiis Act amP^,';.'- ."j^^ .^ 
 [statin" the number of liours in the wec.'k durini"; whifli a young siiop. 
 person niav lawfully be emj)loyed therein ; and such notice 
 Imiivlieaocor.ling to Form A in the Schedule to this Act. 
 
 (9) Whore the employer of a young j)ersoii, as deti;'ed in i'„wcv of 
 Itliis section, is charged with an off'euee against any ot tlio.^;j|,P\l>^"'" 
 Iprovisionsof this section, he .shall be entitled upon iiifor- himseK on 
 
 M 
 
 !; . «; 
 
 m 
 
 iUi 
 
 'il- 1 ^ I' 
 
 
 ■} t 
 
 ! ■ 
 
1162 
 
 THE MUNICIPAL MANUAL. 
 
 'j * 
 '^P., 
 
 conviotion 
 of actual 
 offender. 
 
 [s. 3 (9) 
 
 raation duly laid by him to have any other person whon \ 
 charges as the actual offender brought before tiie Court 
 the time appointed for hearing the charge ; and if after t) 
 eouimission of the offence has been proved, the said emnlov 
 ])roves to the .sati.sfaction of the Court that he ha.: used rl 
 diligence to enforce the execution of the provisions of fli' 
 .sections, and that the said other per.-ion lias couiniitted tl 
 offence in question without his knowledge, consent or c 
 nivance, the employer shall be exempt from any fine 
 alty or punishment ; but the said other person sliall tl). ■ 
 upon bo sunujiarily convicted of sucli oU'enco, and HJiulJ I 
 liable to the same tine, peiudty or punishment therefor ns "f 
 he were th-i (vnployei'. 
 
 (10) Nothing in this section shall apjdy to a slioi, wji.. 
 tin; only persons employed tluavin are at home, that is tos-i- 
 are nuMubers of the same family dwelling thciv, or to iin.i' 
 
 c'iithoiiic. bers of the em|)l(»yer's family dwelling in a house to wlij-l 
 the shop is attached. 
 
 (11) WluMv a young person is. in the opinion of the "ouit, 
 apparently of the age alleged by the informant, it shall hVon 
 the defendant to prove that tin; young person is not of that 
 
 Sertiuii not 
 to iip|ily 
 wIk'Ii 
 persons 
 euiployeil 
 
 SI' 
 
 Proof of age 
 of ynung 
 person. 
 
 age. 
 
 ReBtriction 
 
 Hf to 
 
 ciiuiuUtivt! 
 pcMiiiHieK. 
 
 (I'J) A jierson shall not be liable in lespect. of ,- rei (>titi(]ii 
 of th(! sanu' kind of offence fi'om day to day to aiiv |,||.f(.|. 
 tine, penalty or |ainisliment than the higlie.sl tine, neiitdtv ir 
 punishtnent lix."<l l)y this section foi- the oflenee, exocnt 
 
 (a) Where the repetition of the (dl'ence occurs after 
 ini'(n'm.iti(»n has ixstui laid for the 
 oll'ence ; or 
 
 I'lVVlMUSi 
 
 Application 
 of fiiip and 
 punattioH. 
 
 Limi*ation 
 
 (.' liuii' ui)d 
 
 ^•eneral 
 
 jircviaioun s . . 
 
 io Aumraary oCCtlOn \ 
 
 protiecd)M){. 
 
 (h) Where the oflenee is one of employing two or muiej 
 young per.sons contraiy to the provisions ol tliij 
 sei t.ion. 
 
 (13) All fines Ol- penalties in numey imposed or n-covered 
 undei- or in pursuance of this section shall Ite paid liy tlia 
 convicting Justices or Police .Magistrate, as the case iii;ivl)i>| 
 to the treasurer of the township, city, town, or incorporated 
 village wlitM'ein tin; offtMict; for which t ie fine or pciiiiltv it 
 impo.sed lui.s been commiUttd. 
 
 ^H) The following provisions .shall liaveeffecl witli ni'ijtpcl 
 t'-, sumnntry jjroceedings for olfences and fines inider tliiJ 
 
,UAL. Is- 3 (9). 
 
 otUev person whoti. he 
 it before i\w Court at 
 \vavge -, iinA i?, after the 
 jvoved, the said emiAoyer 
 ivt that he ha. used due 
 ,f the pi'ovisious ot this 
 .iv.on has eoumiittod tiie 
 ^Nvleds*'. consent, or c:m- 
 ■innt troni any tine, pen- 
 ithev pei'son sluill tiicve- 
 leh olVeuce, and shah iie 
 punishment tlieietor as if 
 
 all ap\Ay to a si>o,. ^^iwve 
 ^ avr athnuie. tliatistosay 
 \sve\\int^ thriv, or to nmn- 
 iiWuv^ in a iunise K. wlacli 
 
 . ^,^theopini('nof tlu'"..urt 
 ^tbo informant, Usi.all 11. on 
 
 > Youn- V^'»'^*"^ ^^ "'^^ ''* ^'"" 
 
 ,,^,i,^,esvectofrreri"Uti.''.> 
 .^aavtoday »n any Wg.v 
 
 La\u'l>iudn'^'- <i»c,v*'""^ty'^''' 
 
 ' fovtiu' oiV-n.r, i'xeorf.- 
 Itu,. olVenev organs after ai 
 ' laid i-.a' ^'■-' V'-^vma 
 
 , . to llu- i>vovisu.us ol iM 
 
 Lction ^i>a'i "< I • , 
 
 ta.dstrate, as the case > 
 I ^oilv, town, or u.eon-o t 
 PachV.el^'--l'^'"'^^^' 
 
 h ^^^'^^^ ^^' . rnu.s and.r t 
 
 ^1 shops' REGULATION ACT. J] 53 
 
 (a) The information shall be laid within one month after 
 the commission of the offence. 
 
 (6) The description of an offence in the words of this 
 section, or in similar words, shall be sufficient in 
 law. 
 
 (f) Any exceptitm, exemption, proviso, excuse or fjnalili- 
 cation, whether it do(?s oi- n(tt acci»n|>!iny the 
 description of the offence in this section, may !»(• 
 proved by tlio defendant, but need not be si)eeiti('(l 
 or negatived iji the information ; and if susijecitied 
 or negatived, no y)roof in i-elation to tlie matters so 
 specified or negatived shall be requiied on the paiu 
 of the informant. 
 
 i,A It shall be sufficient to jdlege that a shoi) is a shop 
 within the ujeaning of this section, without more, 
 
 (^) It shall be sufhcient to state the name of the ostensil)le 
 employer or the tith; of the firm by which the 
 employer employing persons in the shop is usnally 
 known. 
 
 ,f\\ conviction or order made in any matter arising 
 under this section either originally or on appeal 
 shall not be (piashud for want of form. 
 
 ,1.")) \tl j)io.secutioiis under this .section may l)e iyronjjht ''«"°*«-cutiong 
 inillieanl lirt'ore any ui' Her Majesty .s Justices of the Peace pi oc-eUu- 
 ;md t'tir the county where the penalty was iueuii'ed or the 
 ijeiicf wiisroniniitted or ui'ong done, and in cities, towns, 
 ID(liiiiovi)i>rat<'d villages in which there is a, Police Mugis- 
 rate, lietoro such Police Magistrate; and save wheie other- 
 lise iiiovi(U'd tty this section the procedure shall be governed 
 ^ Jill' Act ri'snii'/iiic/ Snunndri/ Cuur'u'fioiis (jc/'ore Just ices iiev. stat. 
 it\- Pi'ace au'l Appeals to Gewival Sessions. ''• ^'^ 
 
 'f. This Act [52 V. c. 44] and the principal Act [r^\ V. h 
 ol' sluill be read and construed as one Act, and as if the 
 imdments [made by 52 \^ c. 44 in the Act .")! V. e. .'U] 
 ' 'ways t'onued pait thereof, and all by-laws heretofore 
 ifetd iiy uuy l>cal council shall be read and construed 
 turdiiigly. ol V. c. 44, s. 0, 
 
 innecl. 
 
 
 '. •' I' y 
 
 btVences 
 
 and imes 
 
 145 
 
1154 
 
 THK MUNICIPAL MANUAL. 
 
 [Form A 
 
 SCHEDULE. 
 
 (FORM A.) 
 "Thk Ontario Shops' Regulation Act, 1888" 
 
 The following are sub-seotions 2, 3, 4, 5 and ii of section S f i, 
 above-mentioned Act : — " '" 
 
 (2) In this aeotion, unlesfl the context otherwiao renuirea 
 (rt) The word "shop" shall mean any retail or wholesiilo »\ 
 store, booth, stall, or warehouse in which assistant 
 employed for hire ; ' " 
 
 at 
 
 o: 
 irdai 
 
 or I 
 
 (h) The expression "young person" shall mean any hoy „n,i„- ., 
 age of fourteen years, and any girl under tiie a«e of ..iyf 
 years, as the case may be ; but sliall not mean nor i, i i 
 any person whose usual and ordinary enipliiyment is t\ I 
 a driver of a delivery waggon, van or vehicle • ' 
 
 {'■) The word "employer" shall mean any person who in hi, 
 
 beiialf, or as the manager, superintendent, overseer or'^ 
 for any person, lirm. company or corporation, Ims yul'^™ 
 any shop and employs persons tlierein ; ^ 
 
 {(f) The word "week" shall mean the period between niidni nt 
 Sundi-y night and mi.lnight on the .succeeding Satin 
 night ; e > > n 
 
 (r) The word "parent" sliall mean a parent or j,'iianliaii of 
 person having the legal custody of or the" control over 
 having dinct benefit from the wages of a child or yjim 
 girl. •> 
 
 (.'<) A young person shall not be employed in or al)out .■^ shop f„r 
 longer period than seventy-four iiours, inclndinj^nipal times, iuiinvoi 
 week; nor shall a young person be so employed durin;; anv Satui'iiav 
 mor<i than fourteen hours, including meal tiint>s, nor din-ing aiiy od 
 day for more thn II twelve hours, including meal rimes. uTdess ,u)iifei 
 ent appointment of the hours of la))our ikm- dny has lieen uiiuitjfwt 
 sole puri>(.so of givin<' a shorter days work on some other day (.f 
 week ; and there shall bo allowed as meal times to every yomi'ii 
 son so employed not less than (me hour for the noun day im";!! 
 each day, and to every young ;)(^r.son so employed on any day, t",i 
 hour later than seven of the clock in tiu; afternoon, not ies* llii 
 torty-tive minutes for another or evening meal, lietwcen five afl 
 eigh' of the clock in the afttsmoon. 
 
 (4) A young person sliall not, to the kn(»wledi,'e of In's empldyi 
 l>e empl<»yed in a sli<>p who h,is been i)reviou.sly on tlie saiiiedj 
 employ»'d in any factttry jus defined by " Tin Oiiturh) luidor'n.^' U 
 for till! number of hours jKMinittcd by the said Act, or for a loin 
 period than will complete such number of liours. 
 
 (fii Where any young in'cson is (iinployed in or about a slinpc 
 trary to the provisions of ti.is section, the employer shall iipoiic 
 viction thei'eof, be lial)le to a fine not exceeding .*2l) for <; icli pea 
 so employed, with costs of the prosecution, and in default of im 
 diate payment of such tine and costs, to be imprisoned in thcoouu 
 
 
 iO 
 
Forma.] shops' bkoulation act. 
 
 gaol of the county withiu which th« ««• 
 
 penod not exceeding one month! ^^"""^ ^'^ committed, for a 
 
 (6) The parent of any voiin.» »,« 
 
 mtion of this section arunCTucTP'"^?'^ '° » «hoP in contr. 
 consent, connivance or wilful /llff ui' employment is win. ?*/.*" 
 offence in contravention of hlf^i* ^^ "l"'^^. P*^^"'*. bl gTfcV^' 
 lammary conviction thereof ini! ^<'*' and shall for ear}? ^ ^^ *" 
 PandcoHtsofprosecuiion In^ • *?'! P^^^ " fine of 3 ^^^"''^ °" 
 «ch rinc and costs shall be' iXi; '^'^f ^^* "^ ''"me^ 1?;*^'" *^" 
 
 coanty wherein the offence waT^?ommit;j"f '^' '''«">'^*n g« WthI 
 onemonth. committed for a period not exceedSg 
 
 (7) The occupier of any slinn in ™i • i 
 
 .tall times provide and UpThereTn i ' T "'".P'^y^'l fcn"*le8 shal) 
 ctairfor the use of everv b.7»), f ,* ^""'cient and suifuKi ' ?"" 
 ,«th seat or chair when not «« f«»nae,and shall per n7t T f ''* *''" 
 forwhich she is emptjeT „"lX'h^ '""^'^''^ i^i^Lrkol'n T 
 
 , ifainstany of the provi5on« of Il-^°P/ «'»l any person nff "*^ 
 ?ou thereof, be liable to a fint n ^" «"b.section shall ^0."'''."^' 
 prosecution, and in deJauIt ^f' im. ' r "f""^' ^^^O. with costs^oM^ " 
 
 Lt., to be imprisoned in theJoZ '"'*'; Payment of such fi.^/ ? 
 
 Leoflence w. --itt^S^ T^ t^J^J^i^ 
 
 iia& 
 
 f' 
 
 
1156 
 
 THE MUNICIPAL MANUAL. 
 
 b- 1 (1). 
 
 '" 52Vict. cap 3- 
 
 An Act rospectini; Voiers' Lists. 
 
 Assented to '2Srd March, 18S9. 
 
 1 (2). 
 
 SHOHT TIT1.K. S. 0). 
 C0MMKN<^KMKV' O" ACT, 
 
 UlhTUUUTT.ON AM t-C 
 
 Coi'iKS oK Lisa, SH. " "' 
 
 MuuiciluUitj to l)u 
 Room, rt- -''• 
 
 Antics generally, s^ -^-^ 
 failure to perferni duties, 
 
 :i:^35. 
 
 falsifyin;; li«t. s. •i^'- 
 
 Constable, then- duties 
 
 fees, 8S. 24, ->. fnuuls, 
 
 Report by Judge as to 
 s. 26. 
 
 Amendment of proceedings, s. 
 
 27. 
 
 Substitution of new coiiiplaiu- 
 
 ant, 8. 28. 
 Costs of complaints, ss. 29, 0. 
 Obtaining opinion of Court of 
 Appeal or Judge thereof, 8. 
 SI. 
 Persons auoki* on Lists lo i.vy 
 TAXI'S, s. 32. 
 
 List not mti.vtki) iiy FAiu-iiEoi 
 
 Cl.KUK TO VKUIOKM IIU 
 
 uvrriKs, ss. Xi, IVl. 
 Venai-tiks and Finks— 
 Neglect of Clerk, s. :\'h 
 Wilful iilteration of list, s, lift 
 Colourable transfer of pnipirt 
 I to confer vote, s. 37. 
 
 i Recovery of fines and iienaltid 
 S.S. :w-40. 1 
 
 Trial of actions tor pciuiltu-,! 
 
 30. , . .. , 
 
 Assessors to make nit|iuiu» I 
 
 fore assessing iieisons. 
 Kor fraudulently .Iriliiijj 
 Roll, a. 40, 12). 
 
 I XNSVKCnON ANO I'Ol'll-.S OF Do( 
 
 MENTS. H. 41. 
 iOFKUIKKS to Fl'HNlSIl COl'IKs 
 
 Lisrs, s. 42. 
 Rui.KS, s. 4:}. 
 FoKMS, s. 44. 
 
 Short title. 
 
 ^ , 1 ^.rUll the advice and cons 
 
 1 _(!) Tim Act may ^'^'^%„ Voters L>sS J 
 
VOTERS LISTS ACT. 
 
 1167 
 
 Jhh. 
 
 i8. 1 a). 
 
 Dievs' Lists. 
 
 „eudinc"t of proceedi«g«, h. 
 r^Mitufu.n of new compUm-j 
 
 ;^i-xuPK»>oN Lists vo r.vY| 
 
 iV.SO 
 
 TAXKS, S. 
 
 3-2 
 
 • "\.rv»TlVn-,l) V.V t-MU'URO. 
 
 ss. :v.i, ;u. 
 
 \nrnv.s, ,, ^.,„_ 
 
 tocoulery..tc,H.;^; 
 
 fhcrevei' the same occurs in either 77ic Ontario Election Act^ 
 1 r/^ils«?»'"""?w^ ■^^<'^t ^f^^ Manhood Suffrmje Act, or The Muni- 
 iW ^c<, shall niean this Act. 
 
 (2) Subject to the other provisions in this section contained, coinmHnce- 
 Ithis Act siiall come into force ami effect imnittiiately after 
 Ueiirts.sing thereof, in e>'ery municipality in which by law 
 Le (lite for the return of the assessment roll by the nsses- 
 Lris "'^*^ \i^t^r than the thirtieth day of April and in all 
 1 other muiiicii)alities on the tirst day of July next after the 
 Lsiug tlx'reof. 
 
 I'W The Voters' Lists Act, beini' Chai)tor 8 of the Revised "ev- «t»t c 
 
 I ''«/-> a. • looT • 1 I 11 , M, repealed. 
 
 hiatutes of Ontario, 1887, is herelty repealed ; save and 
 Iftcept, that, for all purposes and to all intents, every matler 
 i thill" whatsoever relating to or affecting 
 
 WUf 
 
 Lists, s. t- 
 
 •n tbe advice and com 
 
 Asseni 
 
 Iv 
 
 of the 
 
 
 Id 
 
 Any voters' list based upon or jirepared from any 
 assessment roll which, within the meaning of The, 
 Assi'ssmejit Act, was finally levised and corrected 
 prior to the tirst day of Fi'l)ruaiy, 1889 ; or 
 
 il) The rif,'hi to have the name of any person inserted in 
 or omitted, or expunged, fi'om any such voters" 
 list, as a voter ; 
 
 jll bo ooiitinued, and .sliall be dealt and proceeded with as 
 this Act and The M<iiihooil ^^iijfh((/e Art had not be<'n 
 m\\ iiiul all lij^hts, liabilities, duties, forms and proceed- 
 wliJitsocvt'i', with respect toanv of the matcers or things 
 [oresiiiil. shall l>e subject and conform to, and shall be i-egu- 
 ;«iliui(l conti oiled Vjy the ja-ovisions of said ('h:i|il»'i- 8 of 
 lUmcd Stulatea of Otifario, IS87, and The Oiilnrio Elfc- 
 (i/lrf, us the same were prior to the passing of Thf. Mtin- 
 !)i[fm(jr. Act. 
 
 INTKKPKKTATION. 
 
 |2. In this Act, unless a contrary intention appears : 
 
 •Ehnnion," "To Vote," "Corrupt Practices," shall 
 
 Inlerpreta- 
 ti'Hi. 
 
 'KIcotion ; 
 •'I'd vote •' 
 
 lectivdv have the meaning given thereto by section 2 of 'Corrupt' 
 
 \Odano Election Act \ J.racUces.- 
 
 '•Farmor's Son" shall have the meaning given thereto "•'*I™"'"'^ 
 
 'i.' Municipal Act ,• 
 
 "Muiii<ipal election " shall mean an election for a tnem- "^'"n'p'P'»i 
 |to a nuiiucipid council, within the meaning of J he Mum- 
 
 lAct. 
 
 t-s 
 
 ;■ r'i, 
 
 N'lf 
 
 ml 
 
 it; * 
 
 i; ■:i 
 
 i li 
 
1158 THE MUNICIPAL MANUAL. (8 2 4 
 
 -Voter." 4. •'Voter" Hliall mean a person entitled to be a voter o 
 
 1)6 named in the voters' list aH (iiuililiod to l)o a voter eith 
 at an election of a member of the Legishitiv*! Assembly witl " 
 the meaning of The Manhood Suffrage Av.t, or at any im • 
 cipal election, as the case may bo ; 
 
 't,;i''iu;''-"" ^'- "^''«*^'" "^''tors' List," shall respectively mean th. 
 alphabetical list referred to in section .'i of this Act- 
 
 "Scrutiny." G. "Scrutiny" shall mean any scrutiny of the votes poUe 1 
 at an election within the meaning of f-eetion 74 and the next 
 succeeding nine sections of The Ontario Controverted Eh 
 tioiis Act ; and 
 
 "Clerk of tli« 
 Peace :" 
 "County 
 Judge' 
 
 "RoII;""Ah- 
 
 8<>Mnient 
 
 roll." 
 
 7. "Clerk of the Peace" shall mean the Clerk of the Peace 
 for, and "County Judge" sliall nuian the Judge of i]u>. Counlv 
 Court for the county or union of counties within which ji.^ 
 the municipality for or in respect of which the voters' list is 
 made ; and 
 
 8. "lloll," "assessment roll," .shall respectively mean ani 
 assessment roll within the meaning of The Assessment Ad 
 
 In, 
 
 f)^t" 
 
 VOTKRS LISTS AND COPIES. 
 
 Olork to 3. — (1) The clerk of each municipalitv sliall, immpflijif,.!, 
 
 ToturH. itfter the final revision and correction of the assessment roll 
 in every year, make a correct alphabetical list in three parfa. 
 (Form 1) of all jjcr.sons being of the full age of twenty uii^ 
 years and subjects of Her Majesty by birth or naturalization 
 and appearing by tlu; assessment roll to be entitled to 
 voters in the municipality, prefixing to the name of eao 
 ])erson his number upon the roll. 
 
 Firnt Part. (2) The tir.st of the three parts shall contain the names, i| 
 alphabetical order, of all male persons of full age aiidsuhjeo 
 as afoi'csaid, appearing by the assessment roll to lu; entitled I 
 vote in the municipality at both municipal elections an 
 elections for menib(;rs of the Legislative Assembly. 
 
 Second Part. (3) The second part sliall contain the names, in alphabetifl 
 oi'der, of all other male persons of full ag(i and subjocts 
 aforesaid, and of all widows and unmarried women of full i 
 and subjects ns aforesaid, and appearing on the assessmenti 
 to beef titled to vote in the municipality at municipjilclectia 
 only, and not at elections for meinbeis of the Legislate 
 Assembly. 
 
sliuU respectively mean iia| 
 int' of The Assessment Ad, 
 
 VND COPIES. 
 
 .3(11).] 
 
 ^ ■ iiu I 
 
 VOTRIW' UBTS ACT. 
 
 WTI,oll,m|,,„,t„, II 1159 
 
 (') 'n tlio case of a ni.i>c f . 
 
 k SI.*, timt f,.„t ,.i(l„., l.J •„.'."■'• «"l"'m, of (|,„ Vo^rv "■ 
 
 """:;^'" "" '"■■■ -" »; t',;:"£«';;.;;:'t, 7.".:'"" «» 
 
 (^) Where tlio qimlifieatim. t 
 
 mnmi^A .Ivdum is i,, nCfnf ^"T" ^" ''*' '"^ ^-oter at ao 
 1^-11. opix^si.e tl. na.ne of ^',1;^',^"?^' .^''^' ei:^.j^&^ 
 .l„n.n of fJ.ovoUMs- list, t|,e ,u A. T'*' '", ^''^' P'-operSr" 
 proper ,Iescr,,.(»on of un.y par,.-! ,"/' ; ' '^"^ "t or other '" 
 
 Feel, the words "and other prenu'Iils •" '"' "*"'' '•"-''' '"^ or 
 I (t') III tlie case of a nfi,..,... i. .• 
 
 1^'^''' " ' ••"" ot/ier pn ,,,.,. 
 
 , (t') In tlie case of a nfi.vM,. i • / 
 
 (10) Where a ward of a.iv ..••"' 
 
 k^sul„^visio„s,a,K L/.; ';''"''*^ '' divided into. 
 |:.po.on is assessed in S':^?,:^ ^'^ '— n,e^ ^i ^l!^S^ 
 
 piOILS 111 t le ward fn.-r...^. 1 '^' ^"0»'e UoJh'n.r ^:„K S^ '" several 
 
 l"al«eonthoh^st of voters in o"^^^^^ 
 
 h;uml ^y- the pi-ocedin. si^ee if'- ''"' ^"'>'' ^^^^ «'•«!', 
 hteacl.|,tio„,,,vords"aiclS^ ''''''^ ^M'posite hi. 
 f " the Jcnowh,d.e cf the e e rl ' ^''^''^'^^^ '" ^«»^J where 
 >fl"?sn!Kli visions, his na lo InV?'"'"" ''"'^^^'"^ "^ «»« of 
 
 Wist of voU-rs for tliat pol i. Il'' , J^'! ^-^ '- aforesaid 
 I") ^Vl-ero it appears hv 1. ' ^*'''''^^'"- 
 
 -i fo.. pro^l-t, wit{;in ^^;;:;;;-^;;f ^'-^^t a pe.o„ P.v..„ 
 
 '"""leipahty sulhcient to ^^T ^"^ 
 
 "'' ^<^ Perty partly 
 
 :l 
 
 i iim 
 
 f :; 
 
 (" 1:^ 
 
 h 
 
 Of, I ' d fiTt 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 1.0 
 
 I.I 
 
 ■50 
 
 US 
 
 2.5 
 2.2 
 
 1^ 1^ 
 
 I. 
 
 11.25 i 1.4 
 
 M 
 
 1.6 
 
 
 '^4V^ 
 
 7 
 
 Photographic 
 
 Sciences 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14SS0 
 
 (716)«73-4S03 
 
 
1160 
 
 THE MUNICIPAL MANUAL. 
 
 other. 
 
 Income 
 qualifiiation. 
 
 pi'oppr 
 t^ie place at 
 
 [s. 3 (11). 
 in one sub- entitle liim to be a voter at a municipal election, Kuf ti,„t 
 
 divisionand , , i- i -.i- ,i i- -^ ,. ^'^^'' 
 
 partly in an- such property lies partly withm the limits or one subdivision 
 and partly within another or others, the clerk shall enter 
 his name on the list of voters in one of the subdivisions onlv 
 in which the property is situate, with the tbllovviug words 
 added; "Partly qualititd i» subdivision No. j> 
 
 (12) If the qualification to bea voter ata municipal election 
 is in respect of taxable income, the clerk shall in the 
 column of the voters' list, state that fact, and 
 wbich the voter resides in the municipality. 
 
 ofTe^ons"' (1^) Tiie words Houseaiolder(H), Freeholder (F), ami Te„. 
 assessed as ant (T), appearing on the assessment roll puisuant to Th 
 ^^^hohUroT ■^s^^s-'<'>^i<'>f^ ^c^, shall, for tlie purposes of this Act, be held to 
 tenant. ^Iso mean respectively Occupant (Oc), Owner (0), or Tenant 
 
 (T), and shall be so entered in the voters' list by the clerk of 
 
 the municipality. 
 
 ot")'rsoi"s' * (^"^^ Where uiwn the assessment roll, opposite the naiue 
 quaiifleiiun- of any person entered in such roll, there are inserted tlie 
 SumS'Tc! letters "M. F.'; to indicate that such persouis qualified t,)k| 
 
 or as ' "" ' •• ' " 
 
 fanner's 
 
 sons. 
 
 Wlien as -est 
 meiu roll to 
 be regarded 
 as iiiiall^ 
 revised. 
 
 a voter under The Manhood Sx.-ff rage Act, or the letters "F 
 S." to indicate that such person is a farmer's son, witlnH tliJ 
 meaning of lite jruniclpal Act, the like letters inseiteil 
 op[)osite the name of such person in thepropei- coliinin ofty 
 voters' list will be taken to indicate that he is entitled tolis 
 a voter and to be entered in said list eitlier under The JkA 
 hood Suffrage Act, or 7'he Jfiinicipal Act, as the ciisemavljeJ 
 
 (15) An assessment roll shall be understood to be fin 
 revised and corrected when it has be a so levised and cori 
 rected by the Court of Revision for the munici[»alitv or 
 the Judge of the County Court in case of an appeal asi 
 vided in The Assessment Act, or when the time duriiic HiiiJ 
 the appeal may be made has elapsed, and not before, 
 
 ofT'ote'Se *• The clerk of every township municipality, in iiiatiDj 
 entered on out the list shall, besides complying with section 23 of l\ 
 Jurors^ Act, insert iji the list (Form 1) a schedule coiitaiiiiiJ 
 the name, numbered consecutively, of every post oitice wliiij 
 by the assessment roll apjiears to be or within the kiiowjt 
 or belief of the clerk is, the proper post office address of aJ 
 person entered in the list, and in making out the list slal 
 according to the form and in the proper columii tli reij 
 insert opposite the name of every person entered in t'je 
 
 list. 
 Kev 
 c. 5:: 
 
 Stat. 
 
 the consecutive number which according to the scliedulel 
 
;nma\ election, \)ut that 
 t ^ "^'l 1 mits of one subdivkion 
 't^^^'^'Sfe clerk shall entev 
 3r otheis, ^^ ^^^ ^^^^.^ivisions only 
 3VS in on foUovviug ^vord. 
 
 ituate, wit-u 
 „ subdivision I^o. 
 
 V, ^nteratamumcipal election 
 *°^Tpclovt«bainnthepvop.v 
 'stat^ th«t fact, and the place at 
 .\be municipality- , 
 
 ,-. iU\ -Freeholder (F), and Ten.; 
 holder {ti-h \ -n ..^ivsuaut to T/i? . 
 
 ^•^^''^Tr)cTownor(0),ov Tenant 
 S^the voters' list by the clerk oil 
 
 e assessment ^ «^|^'^.^ / .^^.^ ^...erted tl,e 
 
 ,^ such 1^^^'', _,.^„iiiscmaUtirtltoi«| 
 catetlvatsncl puj) l^^^^^^^^^,^.,J 
 
 eh peAJ^'>^; ^^ ^^^g ^iUe letters InsevteJ 
 ,iici2^('t ^K'f '. , rivoper column ot tliel 
 
 ;uch pcr«<;" V tlvi he is entitled toll 
 ,, to iudjcale th^^^^^ 
 
 n-ed in said list eu ^^^^^,,, J 
 
 u y .W be uuderstood to be tallJ 
 ^^■"^^' fuas ben so revised and cJ 
 
 .vhenithas^ ^ ^^^^^,i,lity,or' 
 3£ Revision toiu ^^ ^^ 
 
 ^^^y?T:VwleTthetimeduvin,.iJ 
 .ene ilcf. ov when ^^^^^,{,,,_ 
 
 ,dehaselapsed,an ^^ .^ J 
 
 -^•y*^"^^l'..wSsectlou-23o{ 
 ■ides comi>»ym« schedule ooutamd 
 
 ,thelist(Forni W ij^,,J 
 
 . consecutively, ote^^.^^.;^,,,.^^^^^^^^^^ 
 .U appears to he o ^^^^^^^^^^^ 
 
 1 is, the proper P^^°^^,,l,efcu'd 
 elist,andinniaku^^^^^ 
 
 L and in the l^j; entered m tbe 1 
 
 ■rameot every perjy,^,,e.^^^^^^^^ 
 nbev which accoidin„ 
 
 s. 6 (&).] 
 
 VOTERS LISTS ACT. 
 
 1161 
 
 that of the proper post office address of the person, so far as 
 the address a{ pears by the assessment roll, or is within the 
 l^nowledge or belief of the clerk ; but no apjteal or complaint 
 ou the ground of any error, mistake or omission in or from 
 tl,e list in respect of any matter or thing by this section 
 directed to be inserted therein, shall be made or allowed by, 
 or under this Act. 
 
 fi bnniediately after the clerk has made the alphabetical copies of list 
 list and within rorty clays in cities ancl in other municipalities ana distri- 
 ^itiiiu thirty days after the final revision and correction '^"''*^- 
 of the assessment roll, the clerk shall cause at least two 
 liundred copies of the list to be printed (in pamphlet form 
 where practicable), and forthwith shall cause one of the printed 
 copies to be posted up, and to be kept posted up in some 
 cous])icuous place in his own office, and deliver or transmit 
 hv post, by registered letter, or by parcel post, registered, 
 three co])ies to each Judge of the County Court of the 
 Ictmnty to which for judicial purposes the 'municipality be- 
 louf's ; and two copies to each of the following persons, that 
 I is to say:— 
 
 la) Every member of the Municipal Council of the Munici- 
 Ipdity except the Keeve; 
 (i) The Treasurer thereof; . , ■ 
 
 (c) The Sheritf of the County; • 
 
 (rf) The Clerk of the Peace; 
 (e) Every Postmaster in the Municipality; " 
 
 [() Every Head Master or Mistress of a Public or Separ- 
 |te School in the Municipality. 
 
 6, The Clerk of the Municipality shall forthwith also de- 
 
 er or transmit by post, by registered letter, or by parcel transmit 
 
 ■egistered, ten copies to each of the following persons, j°P"** 
 tis to say: — 
 
 ost, r 
 
 s to cer- 
 er.ous. 
 
 (fl) The Member of the House of Commons for the Elec- 
 Distiict in which the Municipality or any part thereof 
 
 i(i) The Member of the Legislative Assembly for theElec- 
 al District in which the Municipality or a part thereof 
 
 146 
 
 r 
 
 v< 
 
 r. r 
 
 li' 
 
 m 
 
 ■ I 
 
 Tii' 
 
 t wfl 
 
 Mill 
 
 n 
 
 It 
 
 B i 
 
 Mr 
 
 
 '. *' 
 
 m 
 
1162 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 6 (c). 
 
 J- J *.w whom votes were given at the then 
 (^\^r^oTf4txS/eTfIr the House of Commons and for 
 
 last el««^\«" ^^^V'^.embly respectively ; and 
 the Legislative Assembly i 
 
 /^^ The Reeve of the Mnmcn.ality. 
 
 ^ ' -pg go sent shall be a printed 
 
 Clerk to car. 7- ^V^n each «« * ^^^^2) over the name of tlie clerk, 
 
 tify a8tooer ^^-itten certiticate ^.e / ^ ^^ persons npi)eaniic; 
 
 ^c^lVrSiring that the list - ^^Xon of t^e x^unicipaUt; to ife 
 
 -f »«*• l,y the last revise.! «f ^^^^^^^j^^. Members of the Le.^islative 
 
 entitled to vote at e ect^ns .^ ^^^^ .nunicip.lity; and 
 
 Assembly, and at municipal e^^^ ^^ ^^^^^^^.^^^ ^^^^ ^^^^^ ^^^^^ 
 
 further, calling upon a I e^^^ ^^^ erceived therein, to take 
 if omissions or other e _ .^.^^.^ corrected according 
 
 immediate proceedings to have 
 
 ranrSto« l^i« ^^P^f'^lfbis office: every Public or Separate bchool 
 Tasters. spicuous place "\h?;^"^^ . .^ {,-, like manner post up one! 
 Head Master or Misti ess s . ^^^^ school-house ; and everyl 
 
 of his or her copies on the do^ .^ j^-^ ^^^foffice. j 
 
 Postmaster shall post up one o | 
 
 r.1 1 ^hall also forthwith cause to be inserted m 
 CerRtopub^ 9- The Clevk^^a ^ ^ ^^ ^^^^ ^^nicipa ity, or in casen 
 liBh notice of .gnewspapei P^."^;^" . ,, niunicipahty, then in mi 
 -rp=: newspaper - P!^f f ^^^^ ? t"ie nearest municipality i 
 'P"^""'- newspaper l>^Wished either ^^^^^^ ^,^^^^^^ i 
 
 which one IS V-^^^^^^^^Z^ ,hall state that he ha. J 
 (Form 3), signed ^Y »^l™jj^ ies of the list as directed b 
 iivered or ^^i^^^^'^f ,\f '^entiL tl^^ date of the tirst ,,ost.J 
 this Act, and shall ^^^^ «^^^''^^^ i^^^ertion of the notice shJ 
 up of the list m his office, une | 
 
 bo sufficient. ■ 
 
 REVISION OF LISTS. 
 
 10 -d) The list shall be sul^-t t. revi^ion^l, 
 Jnty Uge, at the ^^^^^ for which \he 11. 
 titled to be a voter "^^^^ ^^^J^^.^ in which the munio.p J 
 i.ade, or in ^^e el^H^to^-l ^^^^^^^^^^ ^^ voters h.n, on j 
 
 is situate, on ^^^^ ground oi ^^^^^^,^^^^^ ^^.^^ eJ 
 
 from the list, or being ^'''^l.t who are not entitled to| 
 persons being inserted on the 
 voters; 
 
 at 
 up 
 
 Kerision of 
 list by 
 Oounty 
 Judge. 
 
i I 
 
 t ' 
 
 CIPAL MANUAL. 
 
 [s. 6 (c). 
 
 10 (4).] 
 
 voters' lists act. 
 
 1163 
 
 .oa were given at tklkn 
 vhom votes we g^^^^^^„, ,^i {,, 
 
 3r the House ol 
 Respectively, and 
 
 [umcii>ality- 
 
 ^ ^ent slvall be a printed 
 ''K^ over t\>e name of the clerk, 
 rm -)^*^.r, ^f all persons apveanug 
 
 ^^'•^"'' fofthe municipality to k 
 uent roll ot t' ^^ ^^^^. Le;^isktive 
 
 3ns for Member ^^^^^.^iUty; and 
 palelect^onsxuj^.^^.^^^^^^^^.^^^^^^^^ 
 
 ^^^"'^'''',lrceivedtlieveln,tot.ke 
 rors *^'® i g^.j.QVS corrected rtccovcliug 
 
 • 1 upon tbe ^"^^^^H^t of \m\ 
 immediately V ^^^ .^ cons))icuousl 
 
 '^^^ ^'^ n1 ^.vof the Peace, upon veceiiit j 
 ^"'^^''StUemtobeposteainacon.l 
 
 se one ot ^'^^ , ^^^, ^^ Separate fechooll 
 .ffice: every r ^^^^^^^^. ^^^ ,„J 
 
 tess slv.ai "\J 3^^,ool-bouse; andeNery^ 
 
 ^^^^t"ofi^s%i--^-ro«^^^^^^^ 
 
 ""^ V. >h cause to be inserted u 
 
 -^^^'"'Sl'Sipality,oviu.^ 
 isbed m tbe "'^ . . ^ity then m somj 
 
 either m ^^^ ^ ^y Town, a noticJ 
 -^'^^^sW^S^atlthathebs^ 
 him, which shaU.^^^^^^.,,,,tedl,^ 
 ■ed the copies ot ^^. ^^^^ j^^.^^H 
 
 hj"'^°^et'ertion of the notice^ 
 
 ,,. VISION or LIBTB. ^ 
 
 It shall be subject ^to^^^ ^^ 
 
 te instance ot any ^^^ ^^^^.^^^ ^^^^ 1, i 
 
 linthemunmM>aUty ^^^^ ^^^, ,,,unicip^l 
 
 Loral disf ^Yl, of voters l)>'iugon«tl 
 
 lound of the ^^^:;\^^^^°,uerein, or ot J 
 
 h^'t^fii -^«^^^^"'" 
 
 l-ted on the ii»^ | 
 
 Upon such I'evision the assessment roll shall not be con- 
 clusive evidence in regard to any particular, whether the 
 matter on which tlie right to be a voter depends had or had 
 not been brought before the Court of Revision, or had or had 
 not been determined by that Court ; 
 
 Upon such revision no person shall be disentitled to have Rev. stat. c, 
 1)19 name entered on the list, either by reason of his having 4^^' °^^' **' 
 omitted to make, sign or deliver any statement or affidavit 
 required by the provisions of either The Assessment Act or 
 The Manhood Suffrage Act, to be so made, signed or delivered 
 by him, or by reason of his name not having been entered on 
 the assessment roll. 
 
 The decision of the Judge under this Act, in regard to the 
 riffht of any porson to vote, or as to the right to insert in or 
 strike fi'om the list the name of any person as a voter, shall 
 be final so far as regards such person. 
 
 (2) A complaint or an appeal (Form 4) may be made on Appeal 
 
 the orround of any person whose name is entered on the list Ronrais-^''*''" 
 I yj^f, one of those who are disqualified or incompetent to qualified un- 
 1 vote under The Manhood Suffrage Act or l%e Ontario Elec- 4,''or unde*r 
 Um Act, as varied and modified by The Manhood Suffrage q^"-^^'^^- "• 
 [Act. 
 
 (3) If before the final revision and correction of the assess- Applications 
 Lent roll, a person named in the list of voters as entitled Who imve'ac- 
 !to be a voter at a municipal election, has died or has parted qu'fed pro- 
 [Tfitli the property in respect of which his name was entered assessment. 
 
 I the voters' list, the person who, at the time of the final 
 ireviaion and correction, was in possession of the property shall, 
 [ otherwise qualified to be a voter at a municipal election, 
 3 entitled to apply to (Form 5) the Judge to be entered on 
 he list, in respect of the said property, instead of the person 
 ferst named in this section; 
 
 The proceedings to be taken in such case shall be the same 
 iin cases of appeals under this Act. 
 
 (4) Any person who is rated, or entered, or entitled or I'ersons who 
 Jl^ble to be rated, or entered on the assessment roll, either as within eo"** 
 [farmer's sou, or for real property or income of the amount '*'iy.sfr"n» 
 quisite to entitle him to vote at municipal elections, a?id 
 ho will be of the age of twenty-one years at any time with- 
 I sixty days from the final revision and correction of the 
 essment roll, shall have the right to apply to the Judge 
 
 T 
 
 \ >', 
 
 wt rr J 
 
1164 THE MUNICIPAL MANUAL. ['''•10(4) 
 
 to have his name entered upon the voters' list, or upon the 
 assessment roll and the voters' list, as entitled to vote at 
 municipal elections. 
 
 Right to up- (5) Any person whomsoever entitled to be assessed or 
 plain? '*""" entered or named in the assessment roll of a niunicipalitv 
 either under The Asses,iinent Act, or The Muidcipal Act or 
 The Manhood Huffrage Act, shall, in al) respects and foi- <^\i 
 purposes, have the right to apply and complain to the Judf'e 
 on the I'evision of the voters' lists, and to have his naine 
 entered and inserted in the voters' list as entitled to be a 
 voter. 
 
 P«"^n* (6) Any person whomsoever entitled to be assessed or to 
 
 be entered have his name entered in the assessment roll of a muuici- 
 out'roque't^ P'^l^*'y» ^h"*!! be SO assessed and shall have his name so entered 
 without any request in that behalf ; and a person entitled to 
 be entered in the assessment roll or in the voters' list based 
 ther 3on, or to vote or to be a voter in the electoral district 
 in wliich the municipality is situate, shall, in order to have 
 the name of any other person entered and inserted in the 
 assessment roll, or list of voters, as the case may be, have tor 
 all purposes the same right to apply, complain or appeal ton 
 Court or a Judge in that behalf, as such other person would 
 or can have personally. 
 
 (7) Any pei'son who, since the day upon which by statute 
 or by by-law, the assessment roll is returnable to the Clerk 
 of the municipality, and before the time for appealing against 
 the Voters' List or of giving notice of ap])lication to tlie 
 Judge to have the names of persons entered upon the Voters' 
 List under this Act shall have expired, has become possessed j 
 of the qualifications entitling him to vote, under the provis- 
 ions of The Manhood Suffrage Act, shall be entitled to give,! 
 or any person whose name is on the list, or who has thel 
 qualification entitling him to have his name entered theref 
 upon, under 2'he Manhood Suffrage Act, may* give tliej 
 requisite notice or make application to the Judge to iiav» 
 the name of such first-mentioned person entered upon the! 
 Voters' List as entitled to be a voter under The Manhooii 
 Suffrage Act. 
 
 Kntry of 
 peraons be- 
 coming 
 qualified 
 after com- 
 pletion of 
 roll. 
 
 Powers of 
 
 County 
 
 Judge. 
 
 11. The County Judge, at any Court held by him forth^ 
 revision of Voters' Lists under this Act, may, without i 
 previous notice of appeal or complaint in that behalf, onaij 
 application made by or on behalf of the person named in tli. 
 
the voters' Ust, or upon the 
 
 ,er ciititled to be assented or 
 .t voU of a mumcivality, 
 T" r The Mu^^ipalM oj 
 ,V • oil respects and tor all 
 
 '^?\^ r and to have hi. name 
 
 ^^^'''J' Ust as entitled to be a 
 J voters 118^ ^° 
 
 .r^titled to be assessed or to 
 
 ^^riTbavfb«soeuterecl 
 
 ^ff^faJd a person entitled to 
 
 '^ ^'^if; in the voters' fet teed 
 ^t roll or m the ^^^^^^^^ ^^.^^^.^^ 
 
 e a voter in the ^^^^^^^ ^^ ^^^^^ 
 
 ^^^^'"tl-ed and inserted in tk 
 ,sou entered a ^^ ^^^^,^ ^^^, 
 
 fUlS^:--cb 'other person .ould 
 
 1 »r.nn wbicb by statute, , 
 ^^-^^'^l^fretuCable to L Clerk 
 
 before t^^«.*'«^^*^' .Vication to tliel 
 
 giving ^-^^^tredupon tbeYote.1 
 I of persons entered I I 
 
 ^1 have exp;ved, has ^^, ^^l , 
 'tl^^S^^rsbaUbe entitled to gi4 
 
 me is on ^^^.^'''^^^ entered therel 
 L to have bis name ^ 
 
 w-^-':£iothe3udytoU 
 
 e appbcation to ^^^^^^^^ ^^^^ ^y 
 bira voC undev 27. ^H 
 
 L at any Court beh^by^hi^H 
 [fst; under this Ac^^^^^^^^^^^ 
 
 s. 13 (2).] 
 
 VOTERS LISTS ACT. 
 
 1166 
 
 .i:i:\ll' 
 
 vt 
 
 rt 
 
 lists, correct any mistake which shall be proved to him to 
 Ijrtve been made in compiling any Voters' List in respect of 
 tlie name, or place of abode, or nature of the qualification, or 
 the local or other description of the property, of a person 
 pntered on the list, and against or with respect to whose 
 right to be entered on the list an a])peal or complaint is either 
 peuding before or being heard by the Judge ; but in any case 
 evidence may be produced and given before the Judge that 
 tlie person has no qualification or no sufficient qualification 
 in law ^ entitle him to be a voter, and if the Judge, on the 
 evidence, is of opinion that the person has not the qualifi- 
 cation, he shall expunge and strike the name of such person 
 from the list. 
 
 12. If on a complaint or appeal to strike out of the list the Judge to 
 name of a person entered therein as a voter, the Judge, from ev^denVem" 
 the evidence produced and given before him, is of opinion warrnu* 
 that the pei'son is entitled to be entered on the list in any 
 character, or because of property or qualification other than 
 that in which he is so already entered in the list, the Judge 
 shall not strike the name of the person from the list, but 
 shall make such corrections in the list as the evidence in his 
 opinion warrants with respect to the right, character and 
 qualification of the person to be a voter. 
 
 1<l— n\ A voter or person entitled to be a voter makinj, ^'oceedingg 
 
 J-" }.', „ ^ • • • i.u T i. V n .^, .''on complaint 
 
 acomplauit of any error or omission m the list shall, within of «rrors in 
 thirty days after the Clerk of the Municipality has posted up"*'- 
 the list in his office, give to the clerk or leave for him at his 
 residence or place of business, notice (Form 6) in writing of 
 Ma complaint and intention to apply to the Judge in respect 
 : thereof ; 
 
 If the office of clerk is vacant by reason of death, resigna- 
 1 tion or from any other cause, the notice may be given in like 
 [manner to the head of tlie council of the municipalit- • 
 
 The proceedings thereafter by the clerk. Judge, and parties 
 [respectively, and the respective powers and duties of the 
 [Judge, clerk and other persons, shall be the same, or as 
 [nearly as may be the same, as in the case of an appeal from 
 Ithe Court of Revision ; but no deposit shall be required to be 
 
 ttade before the com})laint is heard or disposed of. (See 
 
 Forms (7-12). 
 
 (2) If the notice is given to or left for the head of the ^^^^^^^*'^ 
 
 ouncil, he shall perform or cause to be performed such when noti- 
 fied. 
 
 f Itiii 
 
 ^ 
 
 ' W- 
 
 ;'1 
 
 m 
 
1166 
 
 THE MUNICIPAL MANUAL. 
 
 [8.13(2). 
 
 necessary acts as should be performed by the clerk if 
 were one. 
 
 there 
 
 Notice of 
 holdinK 
 court for 
 eomplaintx. 
 
 (3) No Judge shall proceed with the holding of any Court 
 for hearing complaints as aforesaid, unless and until notice 
 (Form 10) of the time and place of holding the Court sljall 
 by the clerk have been published at least ten days before the 
 sittings of the Court, in some newspaper published in the 
 municipality, or if there be no such paper, then in some 
 newsj)aper published in the nearest municipality in which 
 one is published, or in the county town. 
 
 Oorapeiiing 14 — (1) Any person may obtain from the County Court a 
 of witnesses, subpama (Form 13), or from the County Juflge an order 
 requiring the attendance at the Court for hearing coniplaijits 
 as aforesaid, at the time mentioned in the subpoena or order 
 of a witness residing or served with the subpoena or oider 
 in any part of this Province ; and requiring the witness to I 
 bring with him and produce at the Court any papers or docu- 
 meuLs mentioned in the subpnena or order, and every witnessl 
 served with the subpoena or order shall obey the same pro-i 
 vided the allowance for his expenses, according to the sealel 
 allowed in Division Couits, is tendered to him at thetinieofi 
 service. 
 
 wh^e right ^^^ -^"7 person complaining, or any person in respect o9 
 ia in question the insertion or omission of whose name a complaint is madej 
 to attend, ghall, if resident within the municipality, the list of which ii 
 the subject of complaint, or within the municipality in whicM 
 the Court is held, upon being served with a subpoena or ordei 
 therein, obey the same without being tendered or paid anj 
 allowance for his expenses ; and the subpoena or order shaJ 
 be deemed to have been sufficiently served upon any siicj 
 person under the provisions of this section : 
 
 (a) If the subpoena or order is served upon him persoJ 
 ally; or 
 
 (6) Where he has a known residence or place of busina 
 within the municipality, if a copy of the sub|XEij 
 or order is left for him with some grown pen 
 at such residence or place of business ; or 
 
 (c) Where he has no known residence or place of 
 
 within the municipality, if a copy of thesubj 
 or order is mailed to him through the post-oi 
 with the postage thereon prepaid, and addn 
 
performed by the clerk if there 
 
 1 ;a, the holding of any Court 
 eed with the n b ^^^.^ ^^^.^^ 
 
 .foresaid, un^es ^^^^^^ ^^^^^ 
 
 Vh'VltleattendayHbefovetk 
 
 some n^^^P^l^^^'^ then in some 
 ;,r nTar^^t^maP^Hty in ... 
 
 e county town. 
 
 v.,a\n from the County Couvta 
 
 "^y °^r. Covmty Judge an ovck, , 
 
 ^n« CourrforVav-ing con,Aai;J 
 
 ' f ?oned in the subpoena ov on er, I 
 
 , mentione suby)cena or ovclev, , 
 
 ","' trim Coavt any I'iipere ov dot.. 
 ,duce at tiiB ^ amlevevjwitiiesil 
 
 e suVip"!';'' or o , ■ 
 
 "l"' °t;'sS accTIing to the .J 
 Ju'rs^'eSedtoMmatthetMe.^ 
 
 . • ..r anv person in respect oa 
 rtpiainmg, or ^"J' ^ Qj^plaintisraadeJ 
 Ln of whose name a co p^^ ^^^^^ . i 
 
 -^^^SrntKWpahtyin4 
 '^^V- 1 seized with a subpcnaorovde 
 on ^.^"^gf,^;;.^. tendered ov paid an 
 h ^'^'^'tnd the subpoena or order sJ 
 fcCLtiy served upon any sJ 
 
 viU of this section: 
 [a or order is served upon mm pe.oj 
 
 ;.ianpp or place of busiw 
 
 r ri\ for hS^witb some gro.npe. 
 I IS left tor nil V)usiness ; or 
 
 Iresidence or place 01 
 
 ' ;^pnce or place otbusini 
 
 ihe tnunicipality, » 1;^ theposUffi 
 as mailed t.-rnth^^^^^^^ 
 le postage theieon i> f 
 
 8. 17 (I).] 
 
 VOTERS LISTS ACT. 
 
 1167 
 
 to him at the post office address contained in any 
 written affirmation or affidavit made by him 
 under The Afanhood Suffrage Act ; or 
 
 i(A Where such person is a farmer's son, if a copy of the 
 order or siibpania is left for him with some grown 
 person at the residence of the farmer whose son 
 he is. 
 
 (3) If a person, whose right to be a voter is the subject of P^iaity for 
 enqiiii'V, does not attend in obedience to the subpoena or order, ai^ce*'**"'^' 
 the Judge, if he tliinks ht, in the absence of satisfactory evi- 
 dence as to the ground of the non-attendance, or as to the 
 riffht of the person to be a voter, may on the gi-ound of his 
 non-attendance, strike his name off the list of voters, or refuse 
 to place his name on the list of voters, as the case may I'equiro 
 or impose a reasonable fine on him according to his discretion, 
 or do both. 
 
 li) Anv number of names may be inserted in one subpcena Names in 
 or Judge s order, in any case ot complaint. 
 
 15. It shall be the duty of the County Judge so to arrange ^^"ehT's**"' 
 i and proceed, and so to fix the sittings of the Court for the be reTisod. 
 
 i hearin" of complaints against or in respect of any Voters' 
 '; List, that the complaints shall be heard and determined, and 
 I the list finally revised, corrected and certified under this Act, 
 [within two months of the last diiy for making complaints. 
 
 16. In case no complaint respecting the list is received by List conflrm- 
 tlie Clerk of the Municipality, within thirty days after he ptaint wUhhi 
 
 posted up the list in his office, the clerk shall forthwith '^9 ^"J'^ *ft<"" 
 ipply (Form 14), either in person or by letter, to the Judge by cierk! "^ 
 certify (Foim 15) three copies of the list as being the 
 vised list of voters for the municipality ; and the Judge 
 all retain one of the certified copies of the list, and delivei' 
 ir transmit by post, registered, one of the certified copies to 
 e Clerk of the Peace for the county or union of counties 
 itliin wbich the municipality lies, and one of the certified 
 ipies to the Clerk of the Municipality, to be kept by him 
 aong the records of his office. 
 
 ;17— (1) In case complaints are made as aforesaid, immedi- J"dge to 
 ely after the list has been finally revised and corrected by montofaiter- 
 I Judge, the Judge shall make or cause to be made, and "^J^P/ ^"^.^ 
 all sign, a statement (Form 16) in triplicate, setting forth nf list after 
 I changes, if any, which he has made in the list ; and shall sion."^' 
 
 -; fit 
 
 ! 
 
 ':m"! 
 
 , '1 
 
1168 
 
 Di»po»!il of 
 eertifleU 
 copiei and 
 of 8tate- 
 menti. 
 
 Jurisdictini! 
 of District 
 Jud^'es idkI 
 Stipendinr.v 
 Majfistratc'T 
 
 Certified lis 
 
 conclusive 
 
 «Tidence. 
 
 JExoeptioup. 
 
 •% 
 
 TIIK MUNICIPAL MANUAL. [»• U (1) 
 
 certify in triplicate (Form 17) a corrected copy of the ligf. 
 and the .statciiiont in triplicute, and tlio correet(;(l copies of 
 the list sliidl, if tlic! Judge so order, and under Ids diiectjons 
 and supervision, ho piepaied I)y tlie Clerk of tjio yi^^j.- 
 cipality, and for tliat purpose the Judge sliall forthwith aftpr 
 the list has been so liiuilly revised and corrcicted, truiKimiur 
 deliver to the clerk all necessary papers and directions, wliicj, 
 papers and directions together with tht! statement in tripli. 
 catB and the corrected copies shall within, at latest, the week 
 next aftei- the list has been so finally revised and coiiuted 
 as aforesaid, be re-transniitted and delivered by the clerk tn 
 th»f Judge, who thereupon shall innnediatcly sign the stato- 
 men" and certify the corrected copies as aforesaid ; 
 
 F*ut should the statement and corrected copies not nf 
 re-transmitted and delivered by the clerk to the Judye within 
 the time above mentioned, the Judge shall innnciliatclv thcro. 
 after make and sign the statement and certify the ccJiTeeteJi 
 copies of the list. 
 
 (2) The Judge shall i-etain one of the certified copies and! 
 one statement, and shall deliver or transmit by post, reois-i 
 tcred, one of the certified copies and one statement to tliel 
 Olerk of the Peace for the county or union of counties within! 
 which the municipality lies, and one of the ceititied eopiesj 
 and one statement to the Clerk of the IM'inicipality, to ! 
 kept by him, among the records of his office. 
 
 18- The District Judges in the District of Algoma aiidinl 
 that part of the District of Thunder Bay not inchuled iiitl/ 
 Kainy River District, and the Stipendiary Magistrate of tlia 
 District in the Districts of Muskoka, Parry Hound, NiiiissiiiJ 
 Manitoulin and Rainy River, shall for the purpcscs of tliif 
 Act have the jurisdiction, duties and powers which Couiiti 
 Court Judges have in counties. 
 
 19. Every voters' list which under this Act is ceititied ij 
 the County Judge, shall, upon a scrutiny, be final and coii 
 elusive evidence of the right of all persons named tliercin 
 vote at any election at whi' h such list was or could have beej 
 legally used ; except 
 
 1. Persons guilty of corrupt practices at or in respect; | 
 the election in question on such scrutiny, or since theli 
 certified by the County Judge as aforesaid ; 
 
 2. Persons who, at any time subsequently to the list htli 
 <;ertified by the County Judge are or have been noiiresidej 
 
iCirXl. MANUAL. 
 
 [«. n (1). 
 
 23.] 
 
 VOTEKS' LISTS ACT. 
 
 11G9 
 
 ,foA CODY <»t ^^^^ ^isl; 
 ^^' \ tho covrecttMl copies o{ 
 
 icutp, at»«i ^p^. \j1s aivections 
 
 the 
 
 thoTvu\..es\>a\Horthw>th, alter 
 ''*^ nm\oomH-to.\.tnumimtor 
 
 ees.avy i;'! '«;^ ^r^^.^t.nu.ut In tvipli 
 
 ,pu«H slmW Nvithin,.at 
 
 eek 
 
 illty 
 
 a 
 
 ,iUo<\ ivud ai 1 , , -^ the Htate- 
 1 porvocted copn's not U 
 
 e statement and can .> ] 
 
 ..i the cevtii'ied copies and] 
 i vettun one "^ . ^^^^t U post, vef*] 
 all deliver or tt.u>H^ ^^^^^^^^^^ ^^ l 
 
 tied copies '"';. ^^^^^^,, of counties ^vit1lm! 
 
 ;opitsl 
 to lei 
 
 theCleik o ^^, 
 
 the records ol uis 
 
 . .1 -nistrict of Alt^oma amh 
 
 
 ric 
 
 wliicli Counij 
 
 N^iiver, shall for 
 
 In cov^nties. 
 
 rlovthirtActiscevtitiedl 
 
 . list xvhich "^^^^^^Yx^; vu, linal a.l coj 
 shall, ^l>«^;\f ^'^.sons named tkveir 
 therightoia \e;o ^^.^.^UlluveH 
 
 at whi' 
 
 h suci 
 
 l)t 
 
 \t or hi respect j 
 
 (lier within the municipality to which the list relates, or 
 
 •thin the electoral district tor which tlio election is held, 
 
 ,1 wlio hy reason thereof are, under the provisioiiJiof either 
 
 i V/e Mnnliood Suffrage Act or Tlie Ontario Election Act, 
 
 iucouil'eteut and disentitled to vote ; 
 
 Persons who, under sections 4, f) and 6 of Tlie Ontario 
 I fiction Act are disqualified and inconii)etent to vote. 
 
 on. It shall he the duty of the nmnicipnlity within which t'""ro|^j,','^' 
 I. CoiU't is holden, to provide some Huitahle and convenient court room. 
 iiilicp Pioperly furnished, heated and lighted for the holding 
 lof the Court, and in case the same is not done the Judge ni;iy 
 lliold the Court at such other place in the County as ho may 
 Iditm proper ; and if the same is held elsewhere than in the 
 ll'ounty Court House, the proprietor of the building in which 
 lit IS held may recover from the munici[)ality which should 
 kve made such provision the stun of $5 for :ach and every 
 Lv during which the building is used for the purposes of the 
 iDourt ; 
 
 F.very Court held in the county town shall he held in theC'ourUin 
 Uounty Court House, oi- in such other place in the county [ownlf 
 jowu as the Judge may deem proper. 
 
 ; 21. In all proceedings before the Judge under this Act, Powers of 
 lie Judge sl"dl have, with reference to the matteis hei'ein "''^*' 
 Ltained, all the powers which belong to or might be exejr- 
 Uby him in the County Court. ', 
 
 122. The clerk of every municipality shall be subject to the C'erk to b» 
 Immary jurisdiction and control of the County Judge in*u„iraary'* 
 Ipect to the perfornumce of his duty under this Act, andJJ^'j'^j'Ji'^^''^" 
 (respect to every act required to be [lerfoi med by the C'lerk 
 nduii" the voters, list, in the same manner as otlicers of 
 \ County Court are to the Court. 
 
 [23. Wliere it is provided by a by-law or contract under cierk'i r«- 
 
 |ch tlie Clcvk of a Municipality is appointed or employed "'"°"'^*'°"' 
 
 It the sura to be paid him by way of salai'y as Clerk is in- 
 
 ided expressly o?' impliedly to include payment for all 
 
 fees wliich. as Clerk and under this Act are to be jier- 
 
 Tied by him, either in the preparation, publication and 
 
 kibutiou of the list of voters under this Act, or before, 
 
 11 or after the lodging with him of any complaint or appeal 
 
 kr this Act, or for any other act or work of whatever 
 
 147 
 
 H 
 
 
 ■) I 
 
 ■: '■ 
 
 1 
 
 1: 
 
 1 
 
 1, 
 
 ( " 
 
 ■ 
 
 •i J^ 
 
 1 
 
 ■1. 'l 
 
 rii-tii r 
 
 
 
 
 W 
 
 I't 
 
 ^1 
 
 I 
 
 ... 1 
 
 { 
 
 
 i 
 
 l[ 
 
 •X 
 
 j 
 
 1 
 
 'j' 
 
 1 
 
 
 1 ., 
 
 
 r • ; 
 
 ! '■ 
 
 ii' 
 
 If 
 
 
 ' i 
 
 f • 
 
 ', i 
 
 ! 
 
 \l: 
 
 m 
 
 '■'i 
 
 '1 
 
 ' j 
 
 f 
 
 ; - , ; 
 
 
 
 ■ia 
 
 '1 
 
 i 
 
 .3 
 
 1 :.'. 
 
 ill 
 
 ii: 
 
 t 
 
 1 
 
 U 
 
1170 
 
 Appoint- 
 ment of con- 
 stable. 
 
 
 Constable's 
 
 5;) 
 
 m 
 
 Payment of 
 teea. 
 
 THE MUNICIPAL MANUAL. r, .,. 
 
 nnture or kind required by this Act to bo done by Inm {l 
 tlio Clerk shall not, in rcspcict of 8uch duties or work- bo 
 titled tft or be allowed by the County Judf,'o, nor hIkiII thp 
 be taxed to him ,any fee, payment, cost, or clmr{,'e wliatsocv,. 
 but when it is not intended by the by-law or contract I 
 provide for the perfornmnco of the above-mentioned (||i»', 
 and work, then the clerk shall be entitled in rcspoct thttc fl 
 to the following but to no other fee or compensation that I 
 to say : — 
 
 1. Two cents for the name of every person entered inti 
 list of com|»Liints and in respect to whom appeal was mad 
 
 2. Two cents for every name entered in any necessary eo 
 of said list of complaints. '• 
 
 3. Eight cents tor every necessary notice to nny party coi 
 plaining or complained against. 
 
 4. Three dollars for every day'.s attendance on tliesittJDa 
 of the Court for the revision of the Voters' List. 
 
 5. And to the actual and reasonable disbursements (if anr 
 necessarily incurred by him in serving the notices of (on 
 plaint or appeal, when served by himself. 
 
 24. — (I) The Judge shall have power to 'tppoint so™ 
 proper person to attend at the sitting of the Court asacoi 
 stable and bailiff" ; and the duties and powers of such pel's 
 thereat shall be as nearly as may be the same us those ofti 
 bailirt' of a Division Court at a Sitting of a Division Coa 
 and in reference thereto. 
 
 (2) The person acting as constable shall be entitled tot. 
 following but no other fees or compensation ; that is to sal 
 
 (a) The sum of one dollar and fifty cents for 'eveiT dal 
 
 attendance. 
 
 (b) For the service of any process or notice, includ 
 
 the service, the receipt and the return thereof ! 
 all other services coiniected tin rewith when alio* 
 by the Judge, a sum not exceeding ten cents i 
 mile one way for each mile actually and necessai 
 travelled to effect such service. 
 
 25. The comjiensation fixed by the preceding two secti 
 shall be paid to the clerk and constable respectively brj 
 municipality the list for which is the subject of investigati 
 
 '"^4^^ 
 
ICIPAL MANUAL. l«. 23. 
 
 .thisActtoboaonol.ylnjn.tW 
 ^ ; «f Hucb clvitieH ov work, he .^.1 
 
 .nt coHt, or char-e wliatsocvvr-l 
 7Tw^ho \.y-bvw orcmtract J 
 
 ''T„U bo outitlca in respocltherenll 
 io £ fee or comiM-usaUon, tlmUl 
 
 ^« fiverV person entered in tin 
 I'^^^ecttovVomarveHUas.aad 
 
 |!^ name entered in any necessary 00,,^ 
 
 !e'y necessary notice to any party co.« 
 
 [ against. . . 
 
 ,l.,v's attendance on the sittiB| 
 
 ■ "^"'^ ftbe Voters' List. 
 Bvisionottno 
 
 ^»nV.le disbursemoiUs (il an^ 
 
 „ served by l.»"»"«- 
 
 to appoint son 
 
 ^2 
 
 9(1).] 
 
 VOTERS LISTS ACT. 
 
 1171 
 
 lie 
 
 I oU bave power to -ipin 
 
 as a col 
 
 in 
 d 
 
 tnii 
 
 the amount of the compenflation as certUifd l»y the Judg<' 
 yi he so paid by the Treasurer of the Municipulity upon 
 the nrodiiction and depoHit witli him of the J udge's certificate. 
 
 ofl Tf the Judtre who hohls a Court hcliovos or has yood ''•i"""' ''X 
 
 iv- * , f ^\ L 1 i. 1 X- „_ •'"'Inn lis to 
 
 eason to hehevo that any person luis contravonod .sections .w frHudn, .ui, 
 40 of this Act, or tliat frauds in respoct to th(( assessinent 
 
 itlie votens' lists liave prevailod extensively in the inunici- 
 'ity it simll ho his duty to report the .same to th»5 Provin- 
 
 iil Secretary, with such particulars as to names and facts as 
 
 lie may think proper. 
 
 27 The Judge shall have power to amend any notic(> or „,"'*,"''" 
 lotkritioceeding upon such terms as he may think pr(»per. 
 
 0« Tf an ap|)ellant or comidainant entitled to ai)i(eal dies ^'•'"'^"""o" 
 lor abandons his appeal or complaint, or having been on the lunt. 
 Iiipliabeticrti list made and posted by the Clerk as aforesaid, is 
 Lterwards found not to be entitled to bo an ai)i»ellant, the 
 Ijudfcniay, if he thinks proj)er, allow any other person who 
 miwlit bave been an appellant or complainant to intervene 
 pd prosecute the ap})eal or complaint, upon such tei'ms as 
 teJiulgemay think just. 
 
 OQ_/U In case of errors being found in the voters' list ^'osffocca. 
 I the revision thereof, whetlier the errors are m the omis-,,rrorHm8> 
 
 I at the s^tin. _ ^^^^ 
 
 the duties «"^M>^^ ^^^, ^^J^^^ 
 
 ^^'^ r T S ing of a Division Co^ 
 ourt at a feit,iu>B 
 
 '^^°" ^ i.lp ^ha\l be entitledtot 
 
 and tifty cents for 'every d&j 
 
 er 
 
 AG doUar 
 
 may 
 
 r process or notice, incM 
 iceof any pOC«^« thereof. 
 
 »'^^^^""'\lteciturewithw 
 .vvicesconnectccl^ ^^^ ^^^^^^^ 
 
 fy^-r^V.*-^^^^^^^ 
 ^effect such service. 
 
 I the 
 
 fcon of names, the inaccurate entry of names, or the entry of |;;''^j;'|«'g,to 
 ames of persons not entitled to vote, if it appears to the iHTHonn res- 
 ludge that the assessor was blameable for any of the errors, ['I'^'ere^.r. 
 beJuth't' shall order (Form 18) the assessor, either ahce or 
 biiitlv with any other person, to pay all costs occasioneu by 
 L same ; and in case of errors for which the clerk was to 
 ime, the Clerk, either alone or jointly with any other per- 
 in, shall be charged with the costs ; 
 
 I In case of errors of the Court of Revision, the Municipality 
 all, either alone or jointly with any person, pay the costs, 
 
 Ibject to any claim which the municipality may justly have 
 pst the guilty parties ; or 
 
 lllie Judge may order tlie assessor, clerk or municipality in 
 1th case, to pay the costs, if a party fails to recover the 
 ne from any other party named and ordered to pay the 
 
 Be; 
 
 jln all cases not herein provided for, the costs sluiU be in 
 I discretion of the Judge. 
 
 i ^ 1 
 
 '« ; ' 'f 
 
 ,1 ■. 
 
 ii.i 
 
1172 
 
 THE MUNICIPAL MANUAL. 
 
 Diviiiion 
 Court coBts 
 only to be 
 •llowed. 
 
 [s. 29 (2). 
 
 (2) No costs shall be allowed an any proceeding undp i 
 this Act, other or. higher than would be allowed iu the Div 
 ision Cov.rt under the lowest scale of costs in actions tberei ' 
 
 iJpeiiKor (•^) The only costs to which an appellant shall be liable! 
 
 ooits. shall be the witness fees, unless in a case of bad faith on 
 
 I part, and if, iu the opinion of the Judge, a complaint or apDeal I 
 is ujerely frivolous and vexatious, and has not been made in I 
 good faith, nor with any reasonable or probable cause tli«l 
 Judge may, iu his discretion, order the ap])ellant or com-! 
 plaiuant to pay costs not exceeding double the amount fori 
 which he would otherwise be liable. 
 
 Enforc Dg 
 payuiuiit of 
 
 C08tK. 
 
 County 
 Judjjemay 
 ttate ciiso for 
 opmion of 
 Court of 
 Appeal. 
 
 Lieutenant- 
 Goveruor 
 may obtain 
 opiuioD. 
 
 Duty of 
 Court. 
 
 Argumant. 
 
 30. The payment of costs ordered to be paid by the Judn 
 may be enforced by an execution (Form 19) a"ainst c^ood 
 and chattels, to be issued from any County Court uponlilinJ 
 therein the order of the Judge, and an affidavit showini^ tliS 
 amount at which the costs were taxed and the non-naynienfl 
 thereof. 
 
 31. In order to facilitate uniformity of decision withoal 
 the delay or ex[)eii8e of ..ppeals, 
 
 1. A County Judge may state a cas'e on duy general qua 
 tion arising or likely to arise, or expected to arise under tU 
 Act, and may transmit the same to the Lieutenant-Governl 
 in Council, who thereupon shall immediately refer the ca 
 to the Court of Appeal or a Judge thereof for the opinion! 
 the Court or Judge thereupon ; or 
 
 2. Tlie Lieutenant-Governor in Council may refer a ci 
 on any such geiu^ral question to said Court of Appeal orj 
 Judge thereof, for a like opinion. 
 
 3. Immediiitely upon the receipt of such case il sliall 
 the duty of the Court or Judge to appoint a time and pli 
 for hearing argument;, (if any be otlered) upon the poll 
 and matter involved in the case, of which time and pli 
 written notice shall be given by the ('lerk of the Court pi 
 ing up a copy of the notice in the office of each one of 
 Divisions of the High Court at Osgoode Hail, in Toronto, 
 least ten clear days before the time appointed as aforesaii 
 
 4. At tlie time and place fixed therefor as afore.said, 
 Court or Judge shhll hear argument upon the case hysi 
 of the counsel present (if any) as the Court or Judge ii 
 deem reasonable, and shall thereupon consider the case 
 certify to the Lieutenant-Governor in Council the opinioi 
 
■dM 
 
 CIPAL MANUAL. 
 
 [s. 29 (2). H s. 34 (!)■] 
 
 VOTERS LISTS ACT. 
 
 1173 
 
 J o« anv pvoceeding under 
 
 irscale of costs in actions tbevem. 
 
 \ • 1, an appellant shall be liaWe 
 SsTna-seofb^MthonU 
 ftL Txidge, a complaint or appeall 
 
 "^ * . lt\ lias not been nvade iul 
 exatious, anc ^^^^^^^^ _^^^^^^ ^ 
 
 rrceeding double the ainouutiori 
 
 se be liable. 
 
 . ovaeved to be paid by the Judd 
 '^o^^^^lu (Form 19) against-^. 
 
 ,r nnuntv Court \ipon 
 d from any Count>^^^^.^ ^^^^ 
 
 ' rtiou (Form 19) against good 
 execution V ^ ^^^^.^^^ 
 
 A'TrrnC"t^^^--^«^^^^^'"'=^^i 
 
 . Judge, a ^^^ non-paynieui 
 
 ^«t9 were taxeu t* 
 
 Dsts wer« 
 
 litate un 
 ,{ .^jpeals, 
 
 may 
 
 ifovmity of decision mt\m 
 
 state a ca^e on .my genera qua 
 P or expected to anse under th 
 o arise, or exp . ^^^^^,,,,,t-Govevnj 
 ^^^"nwrimniediatelyvetertk 
 fT^^J^ge thereof ^>r the opinionl 
 
 ""''"rl Council may i-eferac^ 
 fcrno^-^cl Court of Appeal- 
 
 like opinioi^- 
 
 Ln the f ««;P" ";j;;;" a time and i-l^l 
 
 ori 
 
 t:- (it 
 
 pt of such case it ^\f\ 
 
 r . J. ., fun A and I'la 
 
 he poii 
 
 .vhich time and pl^ 
 
 of w 
 
 {he office of each one ot I 
 
 Ibe given 
 
 1 notice in ^^'^';-{^ HuU, in Toronto! 
 
 before tn as aforesaid,! 
 
 Hi place hxedj^^^^^^^^^^ 
 
 the Court or Judge thereon ; and the opinion shall thereupon 
 lie forthwith published in the Ontario Gazette, and a copy 
 1 'hereof sent to the Judge of every County Court. 
 
 f) The Court of Appeal or a Judge thereof, may also give Discrotion- 
 
 I . . J.- J. ii • J. I- , ary opinion 
 
 U opinion on any question at the instance ot any voter or atinstanceof 
 voters, or person or persons entitled to be voters, if said person ^nti- 
 Icourt or Judge sees fit; and the proceedings with ros[)ect tied to ba 
 Ithereto shall be, as nearly as may be, the same as upon a case ^^ ^'' 
 Iteferred as aforesaid, but, in addition, the Court or Judge 
 require a deposit of money to cover the costs of hearing 
 Lg'questiou argued by counsel, and may require the notice 
 Icfthe proceedings or any of them to be given to .such person 
 lorpersousas the Court or Judge may direct. 
 
 LIABILITY OF PERSONS ADDED ON ROLL FOR TAXES. 
 
 W If a person not assessed, or not sufllciently assessed, is Liahinty ot 
 
 I w*!' -^ 1 , - . . , , . ,1 . pureous 
 
 Hound entitled to be a voter at municipal elections, the inuni- whoHnamei 
 ty shall be entitled to recover taxes from him, and tol^^^j"'!,^^^'* *° 
 iorce payment thereof by the same means and in the same leTision. 
 manner as if he had been assessed on the roll for the amount 
 by the Judge ; and the Judge shall make an order 
 lorm 20), setting forth the names of the persons so liable, 
 ad the sum for which each person should have been assessed, 
 (iad the land or other property in res^ject of which the liabil- 
 ; exists, and the order shall be transmitted to the clerk of 
 |iemunicij)ality, and shall have the same efieet as if the said 
 kiiticulars had been inserted in the roll. 
 
 FAILURE OF CLERK TO PERFORM HIS DUTIES. 
 
 [33. The times appointed for the performance, by the Clerk ^'n*'' '"P' 
 ItheMuuicipaiity, of the duties required of him by this Act, laUvue or 
 I be directory onlv to the Clerk ; and the non-performance '^^'^.^^ duties' 
 [liini of any of the said duties within the times appointed, 
 ill not render null, void or inoperative any of the lists in 
 iAct mentioned. 
 
 Bi— (1) In case the clerk of a^^y municipality fails to Application, 
 (form any of the duties aforesaid, the Clerk of the Peace uL p" nce'if 
 [forthwith apply (Form 21) summarily to the County JJ^'^""^ 9^ 
 Bge or the Junior or acting Judge of the County Court fails to per- 
 [the County within which such municipality is situate, to *^'^™ "iutiei. 
 prce the performance of the same. 
 
 
 ::i!'= 
 
 I. :• ^^'njv;''l 
 
 K 
 
m 
 
 1174 
 
 Application 
 by voter. 
 
 Proceedings 
 hj Judge. 
 
 Liability of 
 Clf rli for 
 costs. 
 
 THE MUNICIPAL MANUAL. Tg 3^ /„, 
 
 (2) The application may also be made by any person p t" 
 tied to be named as a voter on the list in respect of wl ' 1, 
 the application is made. 
 
 (3) The Judge shall, on such application, require (Fo 
 22) the Clerk of the Municipality, and any other person h 
 sees fit, to appear before him and produce the assessnift 
 roll, and any documents relating thereto, or to the list ' 
 respect to which the application is made, and to submit t 
 such examination on oath as may be required of him or thp 
 and the Judge shall thereupon make such orders and (n ' 
 such directions as he may deem necessary or proper for^th 
 purposes aforesaid. 
 
 (4) The Clerk of the Municipality shall be personally liable! 
 for and shall pay the costs of the proceedings, unless on somftl 
 special grounds the Judge shall see fit to order otlierwisft I 
 and in such special case the costs shall be in the discretion oil 
 the Judge. 
 
 (5) The proceedings and order of the Judge shall not in 
 anywise exonerate or release the Clerk from liability to tha 
 penalty hereinafter imposed. 
 
 35. ir a Clerk of a Municipality omits, neglects or refusa 
 to complete the voters' lists, or to perform any of the diitid 
 hereinbefore required of him for his municipality the Cler^ 
 for each omission, neglect or refusal, shall incur a peiialtv 
 .$200. ^ •' 
 
 36. If a Clerk of a Munici[)ality, or Clerk of the Peace 
 any other person, wilfully makes any alteration, oniissinn' 
 insertion, or in any way wiltully falsifies any certified li^t c 
 copy, or permits the same to be done, every such i)ersoD sha 
 incur a penalty of $2,000. 
 
 COLOURABLE TRANSFER OP PROPERTY. 
 
 £an"fer*'of 37- No person shall make, execute, accept or beeomej 
 property in party to any lease, deed or other instrument, or become 
 ?/r yote.'°°' party to any verbal arrangement, whereby a colourable iuti 
 est in any land, house or tenement is conferred, in order 
 qualify a person to be a voter; and any person violating I 
 piovisions of this section, besides being liable to any other p 
 alty prescribed in that behalf, shall incur a penalty of ^K 
 and a j^erson who induces or attempts to induce anotlieri 
 commit an ofl[ence under this section, shall incur a 
 penalty. 
 
 Judge's 
 order not to 
 reli»-ve Clerlf 
 from 
 penalty. 
 
 Penalty for 
 neplect of 
 duties by 
 Clerk. 
 
 Penalty for 
 wilfully fal- 
 sifying lists, 
 
IIPAL MANUAL. 
 
 [a. 34 (2). 
 
 also be made by any person enti- 
 on the list m respect oi ^^■hlch 
 
 «nch application, require (Form 
 • litv and any other person he 
 V*^ and produce the assessment 
 
 ^Ti\na thereto, or to the list in 
 ' Hon is made, and to submit to 
 Ts may be required oi him or tkm. 
 elon make such orders and give 
 V deem necessary or proper for the| 
 
 . • i:+« qhall he personally liaWel 
 
 roTrep^^^^^^^^^^^ 
 
 '*« W^ see fit to order otlierwisJ 
 \fe COBB shall be in the discretion o!J 
 
 1 order of the Judge shall not in 
 elLse the Clerk from liability to th^ 
 
 a 
 
 41.1 
 
 voters' lists act. 
 
 PENALTIES AND FINES. 
 
 1175 
 
 38. The penalties mentioned in the next preceding three Reooyery of 
 jections may be recovered with costs of action by any person ''^"*"'*"- 
 
 for the same in any Court of competent jurisdiction. 
 
 posed. 
 
 Municipality —^ any of the cluti. 
 
 'flSnCh«-P-^^^^^'^^ir' 
 "ectTr refusal, shall incur a penalty 
 
 1 • • olUv or Clerk of the Peace, ( 
 
 reS Sties any oertiiiedkti 
 't^j'obe'^one, every such person sy 
 
 looo. 
 
 .^ TKAN8FEK OF PEOPERTV. 
 
 1 1 ^.vecute, accept or become 
 
 K^'' other t^trument, or becou. 
 
 Iced or «*^f J^g^ebyacolouvableinti 
 arrangement where y .^ ^^^^^^ 
 
 °^'rr and any person violating t 
 le a voter, . ^-u^e to any other p^ 
 
 suing 
 oQ Actions for penalties incurred under this Act, shall Trial of 
 
 i" , T 1 -J. I- i. • actioDH for 
 
 1 be tried by a Judge without a jury. penaitiei-. 
 
 40— (1) To prevent the creation of false votes, where a Assessor to 
 I ^fson claims to be assessed, or to be entered or named in ri^^'^bifow'" 
 r isspssment roll, or claims that another person should be^^^^^^'^R 
 
 juy absco.T>ii 7 1 . „ persons 
 
 L'essed, or entered or named in such assessment roll as claiming to 
 J ntitled to be a voter, and the assessor has reason to suspect ^^ ^^o^^^- 
 1 that the person so claiming, or for whom the claim is made, 
 Iks not a just right to be so assessed, or to be entered or 
 ;d in the roll as so entitled to be a voter, it shall be the 
 iJiitv of the assessor to make reasonable inquiries before 
 L^essing, entering, or naming any such person in the assess- 
 ImentroU. • » 
 
 /o\ A nv person who wilfully and improperly inserts or Ppna'ty for 
 
 rM* •' i ,1 • J.' r J.1 c • improper 
 
 iMOCures or causes the insertion ot the name ot a person in i,, 
 
 the assessment roll, or assesses or procures or causes 
 
 sessment of a person at too higli an amount with intent in 
 
 • or any such case to give to a person not entitled thereto, 
 
 fetlier the right or an apparent right to be a voter ; or who 
 
 iriltully inserts, or procures or causes the insertion of a ficti- 
 
 Ls name in the assessment roll, or who wilfully and 
 
 mroperly omits, or procures or causes the omission of the 
 
 proper 
 sertion of 
 
 +V.Q iiiiiues on 
 
 ^"e roll. 
 
 section, 
 
 me of a person from the assessment roll, or assesses, or pro- 
 res or causes the assessment of a person at too low an 
 iiount with intent in either case to deprive a person of his 
 4t to be a voter, shall, upon conviction thereof before a 
 nirt of competent jurisdiction, be liable to a tine not exceed- 
 
 S200, and to imprisonment until the fine is paid, or to 
 ipiisonment in the common goal of the county or city, for 
 
 riodnot exceeding six months, or to both fine or imprison- 
 
 lut, in the discretion of the Court. 
 
 IXSPECTION AND COPIES OP DOCUMENTS. 
 
 41. Anv voter, and any person entitled to be a voter, and ^^8^^ *« '"■ 
 r agent of such voter or person, shall have liberty at all oSpy asses*- 
 isonable times and under reasonable restrictions, to inspect "j®°' *■**"*» 
 I take copies of or extracts from assessment rolls, notices, 
 
 u! 
 
 -mil 
 
 
 I'lflbipff 
 
 n 
 
 ( -'It 
 
 I ,' 
 
 'ill 
 
 V 'J I )«,, 
 •Hi -J !, ' fill';.. ■ 
 
 m 
 
 'X -m 
 
 m : 
 
OlorkB to 
 furnish 
 copies of 
 voters' lists. 
 
 1176 . THE MUNICIPAL MANUAL. r ,. 
 
 complaints, a])plications, and other papers aiul proceel" 
 necessary or of use for the carrying out of the provisioi ^l 
 The Assessment Act, The Manhood Suffrage Act, The U • 
 cipal Act, and tliis Act ; and the Clerk of the jMunicimr? 
 is to afford for the said purposes all reasonable facilities wl ' K 
 may be consistent with the safety of the documents and tli 
 equal rights and interests of all persons conceined, and si n 
 in regard to the matters aforesaid be subject to the direct' I 
 and summary jurisdiction of the County Judgo. '^ 
 
 42— (1) The Clerk of the Peace and the Cleik of aM 
 cipality having the custody of the list of voters of a niu "• 
 pality or part of a municipality or place, shall furnis],^^^! 
 fied copy of the list, then last revised and corrected or of 
 of the parts thereof, to any ])erson who tnay recmire a p 
 or part, on being paid for the same by such person at tl 
 rate of four cents for every ten voters whose names are oiur 
 list or part ; the said otHcers may furnish printed conies f 
 each of which they shrill be entitled to receive six ceit' 
 instead of the fee aforesaid ; and the otHcers shall verify alte 
 ations made therein by writing their initials in closoijroxii, 
 ity thereto. If the alterations or interlineations exceed r a 
 huKidred, it shall be the duty of the said officers to funiisJ 
 written copies. 
 
 (2) For each copy of the voters' list or of any of the i 
 thereof furnished to the Returning OJHcer, according to Foi 
 8 in Schedule A to The Ontario Election Act, or accordiJ 
 to Schedule C to The Municipal Act, the Clerk of tbePeai 
 furnishing the same shall be entitled to receive the suini 
 six cents for every ten voters whoso names are ousuclil 
 or part as the case may be. 
 
 Fees. 
 
 RULES. 
 
 CoSn'ty ^ 43. The Board of County Judges may, if requested sol 
 
 Judges may do V)y the Lieutenant-Governor, frame Rules and Foiuisl 
 
 maiie ruie.M. procedure for the i)urpose of better carrying this Act \i 
 
 effect, and such Rules .*ind forms shall, after being iipproJ 
 
 of by the Lieutenant-Governor in Council, have tlie siil 
 
 effect and force as if they formed part of this Act. 
 
 FORMS. 
 
 UneoffortnM. 44. In carrying into effect the provisions of this Act,! 
 Forms set forth in the Schedule hereto may be used, andj 
 same or Forms to the like effect shall be deemed Miffici 
 for the purposes mentioned in the said Schedule. 
 

 31PAL MXT'l'AL. 
 
 [%. 41. 
 and pvoceedmgs 
 
 itl otnev XI ^^ ^^^^ pvovisim\8 oi 
 
 ''''^TfZfraqe Act, The Muni 
 anhood^J ^^ ^^^^ Mumcipality 
 
 ""'^ ^^'^ U veasonable f acUifies Nv\Ad 
 poses all I ^^^^ ^ocviuients, and tk 
 
 e «*^f ^' ;l^ous concernwl, and skU 
 
 of nil pe»^^^^^3;ectto the divections 
 foresaid bt-su J 
 
 County Juu^.. 
 
 oftlie 
 
 a tbe Clevkota^Muw- 
 
 the ^^'^^^^.^fof voters of a nwuuci- 
 ,ay of the ii> ^^^ s\,a\\iuvmsl>acerti.| 
 
 '^^f^'^^-e^'vised and corrected, or of any] 
 ,n last rev ^^^ ^.^^^^^^.^ j, ^^pyl 
 
 any Vf ^^" 1 \,y sucli vevson at tl J 
 for tlie ^f^'^^^^ose names are on tlj 
 
 ^^^^ ''',:.Iv1 u-nis^i pviuted coiAcH foj 
 ,tl\cers WAy ^^ ,.eceive six ceuM 
 
 ^^•'^^^\' "" thelv initials in close vvok.o. 
 V ^vntlng ^''''^ ,e,.^ineat.ious exceed m 
 iterations oi i ^jY^^^,, to fuvmal 
 
 tie duty ot tne 
 
 ,pvs' list or of any oUlieja, 
 oftbe voters^ ^^^^^^^^^^^^.^^i.gtoTor 
 he Betnrniug Y ^^ or nccovdi, 
 
 Mi^niciP'':. '{ to receive the s 
 iiay be. 
 
 Form 1.] 
 
 sum I 
 SttCll 11 
 
 RXJLF-S. 
 
 0. 
 it- 
 
 
 of bette 
 
 if requested scl 
 
 1 YovmJl 
 
 \is Act ia 
 
 rtppi'Oi| 
 
 tlie sJ 
 
 voters' lists act. 
 SCHEDULE OF FORMS. 
 
 1177 
 
 ' FORM 1. 
 
 (Sections 3, 4.) 
 Form op Voters' List. 
 Voters' Listy 18 Municipality of 
 
 SCHEDULE OF POST OFFICES. 
 
 1. North Augusta. 3. Wright's Corner.s. 
 
 2. Maitland. 4. Prescott. 
 
 POLLING SUBDIVISION No, 1, COMPRISING, Etc. -((?;«% the limits.) 
 
 Part I.- 
 
 -Persons entitled to vote at both MuniQipal Elections 
 and Elections to the Legislative Assembly. 
 
 So. 
 OttRoll. 
 
 Name. 
 
 Lot. 
 
 Con. or 
 
 Street. 
 
 
 Post Office 
 Address. 
 
 6 
 
 14 
 1 
 
 50 
 11 
 
 Anderson, Henry. 
 Andrews, John . . 
 Archer James. . 
 Brown, Simon. . . 
 Barton, Samuel . . 
 
 Etc. 
 
 NWi6 
 
 W 14 acres 8 
 
 2 
 
 Wi9 
 
 EU7 
 
 Etc. 
 
 3 
 
 1 
 6 
 2 
 4 
 
 Etc. 
 
 M. F. and Owner. 
 M. F. and Tenant. 
 M.F. and Income. 
 M. F. and F. S. 
 
 See Subdivision 
 No. 
 
 Etc. 
 
 1 
 
 4 
 4 
 3 
 2 
 
 Etc. 
 
 Part II. — Persons entitled to vote at Municipal Election 
 
 S ONLY. 
 
 No. 
 a Roll. 
 
 Name. 
 
 Lot. 
 
 Con. or 
 
 Street. 
 
 
 
 Post Office 
 Addresb. 
 
 4 
 
 82 
 
 Archer, Henry . . 
 Burke, Edmund.. 
 
 Etc. 
 
 4 
 Wil7 
 Etc. 
 
 3 
 4 
 
 Etc. 
 
 Owner. 
 Farmer's Son. 
 Etc. 
 
 2 
 3 
 
 Etc. 
 
 [Part III.— Persons entitled to vote at Elections to the Legis- 
 lative Assembly only. 
 
 rnose ot "«^;^ ,^ after being 
 
 ,nt-Goveruor 1 ^^ -^ ^et 
 
 Iftheyfovm^Ava.t 
 
 FORMS. 
 
 liMo effect t-rwt:;tt;^ 
 
 theSchedule^i^e ^^ ^,,,,e.Uuffic] 
 
 io, 
 Roll. 
 
 Name. 
 
 Lot. 
 
 Con. or 
 Street. 
 
 
 Post Office 
 Address. 
 
 43 
 
 8 
 
 Acroyd, James . . 
 
 Amos, Joseph . . . 
 
 Etc. 
 
 Ni3 
 
 3 
 Etc. 
 
 4 
 
 7 
 
 Etc. 
 
 M. F. 
 M. F. 
 
 Etc. 
 
 3 
 3 
 
 Et«. 
 
 ILLING SUBDIVISION No. 2, COMPRISING, Etc.— (Giving the limit$.) 
 
 Etc., 
 
 Etc. 
 
 Eto. 
 
 U8 
 
 \f-i V- ' tf. 
 
 : i 
 
 I 1 
 
 J?' 
 
 In 
 
 I I 
 
 '. 
 
n 
 
 m 
 
 III:: 
 
 1178 
 
 THE MUNICIPAL MANUAL. 
 
 FORM 2. 
 
 [FoHM : 
 
 (Section 7.) 
 
 OHRTiriOATE TO BE ENDORSKD ON VOTERS' LIST. 
 
 I, A. B., Clerk of the Municipality of , in tlie 
 
 Clerk of the Municipality of , in tlie Count 
 
 , do hereby certify that parts one and tliree of the w'ti,' 
 {or above) list constitute a correct list for the year 18 of all 
 sons appearing by the last revised Assessment Roll „f jj 
 Municipality to be entitled to vote at Elections for Memliers of tk 
 Legislative Assembly ; and that parts one and two constitute j 
 rect list for said year of all persons appearing by the said Moll "^j 
 entitled to vote at Municipal Elections in said Municiijalitv • "ii) 
 hereby call upon all electors to examine the said list, and' if 
 omissions or other errors are perceived therein, to takeimm I'l 
 proceedings to have the said errors corrected according to law ^' 
 Dated this day of 
 
 A. B., 
 
 Clerk 0/ 
 
 FORM 3. 
 
 ( Section 9.) 
 cleuk's notice of first rosTiNo or voteus' list. 
 Voters' Li$t, 18 .— Municipality of thf. of County of 
 
 Notice is hereby given, that 1 have transmitted or deliveredtoJ 
 persons mentioned in sections 5 and 6 of 7'Ae Ontario Voters' Lkii 
 1889, the copies required l)y said sections to be so transmitteil 
 delivered of the list, made pursuant to said Act, of all persons j 
 pearing ])y the last revised Assessment lloll of the saidMuiiioiiul 
 to be entitled to vote in the said Municipality at Elections for jl 
 bers of the Legislative Assembly and at Municipal Elections' 
 that said list was first posted up at my office, at , on the 
 
 day of , 18 , and remains there for inspection. 
 
 Electors are called upon to examine the said list, and, if anva 
 
 aions or any other errors are found therein, to take iiiuiitdiatel 
 
 ceedings to have the said errors corrected according to law. 
 
 Dated, etc. A. B., 
 
 Clerk of 
 
 FORM 4. 
 
 (Section lO, Stib-sec. 3.) 
 
 voter's N0TIC« of complaint on ground of DTSQCALiriClT? 
 
 To the Clerk of the Municipality of the of 
 
 I, Aligns Bell, a voter (<>r a person entitled to be a voterij 
 said Municipality (or for tht El'ictoral District in v:liid ik 
 pality in nilualejl), complain tliat the name of John Jack in 
 entered in the Voter's f^ist fo" the said Municipality Iiebeij^J 
 son diaqualihed under the section of {here na7nt tkAdurf 
 
jlClPAL MANUAL. 
 
 [ForuI^Bforu^-] 
 
 voters' lists act. 
 
 Section 7.) 
 
 LIST. 
 
 on VOTERS 
 
 in tlie County ( 
 
 B ENDOBSBD 
 
 micipaUty of 
 
 that pai^*? -^ ^A^e vear is '" »■" 
 correct liff,«J-j|,;yent KoU oUk 
 
 at 
 to 
 
 iud take notice that I intend to apply to the Judge in respect thereof, 
 I ■ nnrsuance of the statute in that behalf. 
 l'"?atedthe day of 18 . 
 
 Angus Bkll, 
 Residence— Township of York. 
 
 18 
 
 o»e and three of tl>e witbii 
 iortl 
 revised ,^f„^f^n,"a for Memlievs oi tbi 
 
 of all ^Kti 
 aaii 
 
 vote at 15^^®^ „_^ two coustvtute a c 
 : that parts one a"^ ^^^ ^^i,^ lloU tol 
 l^ti.appearmjl^^^^ 
 ,1\ Elections \n sai ^.^^. ^^^^ ^^ ^ 
 
 Sora to exainmej ;« « ^^ ^^,, ,,,^^^i^ 
 
 are P^'^^^^^Jrected according to la.. 
 aid errors cor 
 
 ■of 
 
 A.B. 
 
 ' CI«rfc of 
 
 Section 
 
 9.) 
 
 !:::;.-<.'--"!: 
 
 CB OF FIRS' 
 
 0/ 
 
 Cou)!(y of 
 
 r.nacipa'i'J/ "-^ ^'itansmi^tted or delivered to] 
 ^•^«<*5and6ot Jrt«Y , Uansmittell 
 
 ^ttv^'^i^^ ^^t"«aid Act. of all perso-' 
 lie pursuant to sa^d A ^ .^ ^^^ ^^ 
 
 P- .a Asseesment uou ^^ectioudovMl 
 
 '™' 'a*rr&«'v''>«;f 
 
 |■■'*'"";wyau4 
 
 uutk 
 
 i\\a ic examine tne »» , ^^^„n.,\,ate 
 %aid errors corrc^^_^ 
 CJ«rfc of 
 
 {Sect 
 
 //; Sub-sec 
 
 FORM 5. 
 
 (Section 10, Sub-sec. 3). 
 
 LmCE ANU APPLIOATION BY VOTKR WHO HAS ACQUIRED PROPERTY 
 • SINCE ASSESSMENT. 
 
 10 the Clerk of the Municipality of the of 
 
 1 Luke Doran, a person entitled to be a voter in the said Munici- 
 »litv complain that the name of Peter Short is wrongly inserted in 
 L Voters' List for the said Municipality, he having before the final 
 Vision and correction of the Assessment Roll transferred to me the 
 toperty in respect to which his name is entered on the said List (or 
 Led with the property in respect to which his name is entered on 
 Ee Voters' List and that I am in possession of the same) : And take 
 Itice that I intend to apply to the Judge to have my name entered 
 
 I the said List, instead of the said Peter Short, pn'-^uant to "the pro- 
 i of the statute in that behalf. 
 
 18 . 
 
 Luke Doran. 
 
 ■10119 ( 
 
 fpated the 
 
 day of 
 
 ,,coy.P^A^^^ ..fthc 
 
 of 
 
 '.>r for tl'^,*^. , the i>ame of J^^ , , • 
 
 lor for 
 
 lionii- . 
 ,r's'.'^»tio 
 
 Ider the 
 
 ^i^£^^!^Si 
 
 the 
 section 
 
 of (^«'' 
 
 FORM 6. 
 
 (Section 13, Sub-sec. 1.) 
 
 voter's notice of COMPIiAINT. 
 
 [theClerk of the Municipality of the of 
 
 Janm Smith, a voter (or person entitled to be a voter)' for the 
 itoral District of , in which the said Municipality is situated, 
 
 Urn [state the names of the perwiiH inrenpectto whom complaint 
 Ljc and the ground of complaint fouchinri each person respectively 
 Utt forth ill lists as folloivs, varying according to ch'cutnstancea), 
 kthe several persons whose names are set forth in the subjoined 
 JKo. 1 are entitled to be voters in the said Municipality, as shewn 
 lidlist, but are wrongfully omitted from the Voters' List : — That 
 fcveral persons whose names are mentioned in the tirst column of 
 Ibjoined list No. 2 are wrongly stated in the said Voters' List, 
 (Bwnin said list No..2 : — That the several persons whose names 
 bt forth in the tirst column of the subjoined list No. 3 are wrong- 
 finserted in the said Voters' List, as shewn in said list No. 3 : — 
 bat there are errors in the description of the property in respect 
 (ch the names respectively are entered on the Voters' List (or 
 lolher errors), as shewn in the subjoined list No. 4 : — And take 
 [that I intend to apply to the Judge in respect thereof, pur- 
 ithe statute in that behalf. 
 I the day of 18 
 
 James SiMit'i, 
 Residence — Township of Beby, 
 
 1179 
 
 
 ■J 
 
 ;!.' 
 
 Ma 
 
 I- 
 
 ^■l i. W 
 
 .t:r- 
 
 >;,#■ ' ' 
 
1180 
 
 THE MUNICIPAL MANUAL. 
 
 [Form J 
 
 List of Complaints mentioned in the above Notice of Comrtlai 
 List No. 1 {nhewint/ voters wrongfully omitted from the Voters'' fMi \ j 
 
 Names of Persons. 
 
 James Tapper . . 
 Simon Beauclerk 
 Angus Blain 
 
 Grounds on which they are entitled to be on the Voters' T '.i 
 
 Tenant to John Fraser, of N. i lot 1, 2nd Con. 
 Manhood Franchise voter. 
 Assessed too low — property worth $ 
 
 List No. 2 (shewing voters wrongly named in Voters^ List.) 
 
 Names of Persons. 
 
 Joshua Townsend . 
 John McBean . . . . 
 S. Connell 
 
 Polling Sub- 
 division. 
 
 2 
 
 4 
 3 
 
 Part of 
 
 List. 
 
 1 
 1 
 2 
 
 The Errors in Statement upon! 
 Voters' List. ' 
 
 Should be Joseph Townsend 
 Should be John Mclibm the yom 
 Should be Simon O'ConnelL 
 etc. etc. 
 
 List No. 3 {shewing persons wrongfully inserted in the Voters' List.] 
 
 Names of Persons. 
 
 Peter White .. 
 John May .... 
 David Walters 
 
 Polling Sub- 
 division. 
 
 4 
 3 
 2 
 
 Part of 
 List. 
 
 1 
 2 
 2 
 
 Statement wliy wrongfu'ly inseij 
 in Voters' List ' 
 
 Died before final revision of roj 
 Not entitled to Manhood FrancJ 
 Assessed too high— property? 
 under $ etc., etc, 
 
 List No. 4 {shewing voters whose property or qualifcation is erroneously dem 
 
 in Voters' List, etc.) ' 
 
 Names of Persons. 
 
 Polling Sub- 
 division. 
 
 Part of 
 List. 
 
 Errors in respect to Property 
 otherwise stated. 
 
 Stephen Washburn. 
 Thomas Gordon . . . 
 Ronald Blue 
 
 3 
 2 
 
 4 
 
 2 
 
 1 
 2 
 
 Name should be in Subdivision j 
 
 Property should beWilot7,iii3i| 
 
 Should be described as owieJ 
 
 tenant. 1 
 
IIPAL MAN^A'^' 
 
 ["Form eHfoR^ ^•] 
 
 m 
 
 the above Notice of Comj>laint. 
 ted fro'"*' ^^^ ^"^''■^^' ^'"^'^ 
 
 entitled to be on the Voters' Ui 
 
 jlitbeyare ^ 
 
 wrongly named in Voten^ List.) 
 
 part 
 
 List 
 
 1 
 1 
 2 
 
 X 1 T>ie Errors in Statement upon 
 
 of J.n« ^ AT^fnrB' Inst. 
 
 VOTERS LISTS ACT. 
 
 FORM 7. 
 
 (Section 13.) 
 
 IclEBK'SKKPORT incase OFAPPKALS and complaints to the JUDOl. 
 
 Tn His Honour the Judge of the County Court of the County of 
 
 I ■[he Clerk of the Municipality of states and reports that the 
 
 veral persons mentioned in column 1 of the Schedule holow, and no 
 
 era, liave each given to him (or left for him at his residence or 
 
 ^eof abode, an the fact viay be) written notice complaining of 
 
 '„r3 or omissions in the Voters' List for the said Mu. npality for 
 
 , ou the grounds mentioned in column 2 of the said Schedule, 
 
 that such notices were received respectively at dates set down 
 
 jlumn 3 of the said Schedule. 
 
 JDited, etc. 
 
 Voters' List. 
 
 Uhould be Jo8«p?iTownsend. 
 Kuld be John McBean tU yo^ 
 |houklbeSimo.()'Conr.eU. 
 
 etc. ^^^- 
 
 U,.ro»9ft«!' !«••"<"•' *"'""•''""■' 
 
 1 , . fUtatementwhywrongfulivinsei 
 k. Part of jbtateme .^ ^^^^^^, ^^.^^ 
 
 List. 
 
 1 
 2 
 2 
 
 Died before final revision of loj 
 
 Sote"t^*^^'^**^^l'"^" ti 
 Pesse_dtoohigh-FopertyH 
 
 der $ 
 
 fn r f-"' ^■'"'- '^'-^ 
 
 '^T'T Errors in respect to Property! 
 Sub-Partof *^'^'^°''^ otherwise stated. 
 \ List. 1 ^ 
 
 v,^,i1<l\ieinSub-divi9ionl 
 
 \ Ihould b» to"** " ' 
 1 tenant. 
 
 Clerk of 
 
 A. B., 
 
 Schedule. 
 
 1. 
 
 Name of 
 I Complainants. 
 
 2. 
 
 Errors or Omissions 
 Complained .of. 
 
 Date when notice of 
 
 Complaint received 
 
 by Clerk. 
 
 FORM 8, 
 
 (Section 13.) 
 ^e's order appointing co'jet for heakinq complaints and 
 
 APPEALS. 
 
 , Clerk of the Municipality of the 
 ^n reading your report and notification respecting the Voters' 
 pr the said Municipality for 18 , pursuant to the statute in 
 jehalf, I appoint the of 18 , at the hour of 
 
 in the said county, for holding a Court to hear and deter- 
 he several complaints of errors and omissions in the said Voter*' 
 ( which due notice has been given. 
 |are constituted Clerk of the Court. 
 
 Ivill advertise the holding of such Court, and post up in your 
 V the place in which the Council hold their sittings, a list of 
 blaints of errors and omissions in the said Voters' List ; and 
 
 1 notify all parties concerned according to law. 
 
 1181 
 
 t I 
 
 
 -i.' 
 
 Iljv.r 
 
1182 
 
 THE MUNICIPAL MANUAL. TpQj^ g 
 
 Let the AsBeasor for the Municipality attend the sittings of the 
 Court, and let the original AsseHsment Roll of the Municipalit "f ' 
 18 , and the minutes of the Court of Revision for the Municic r!*"" 
 for 18 , be produced before me or the Acting Judge, on the dav i 
 at the place above mentioned. ^ ""'' 
 
 Dated day of 18 . 
 
 '^^dge, C.C. 
 
 FORM 9. 
 
 (Section 13.) 
 
 NOTICE TO BE POSTED BY CLERK IN 1118 OFFICE WITH LIST OP 
 
 COMPLAINTS. 
 
 Notice is hereby given, that a Court will be held, pursuant to Tl I 
 Ontario Voters' Lists Act, ISSO, at , on the day of | 
 
 18 , at o'clock, for the purpose of hearing all complai tJ 
 
 made against the Voters' List for the Municipality of foJS ji," | 
 
 particulars of which complaints are shown in the &ul)joinecl schedul 
 
 All persons having business at the Court are hereby recmired t 
 attend at the said time and place. 
 
 Dated, &c. 
 
 Clerk of 
 
 A. B., 
 
 Schedule. 
 
 Name of party 
 Complaining. 
 
 Name of person in 
 respect to whom 
 appeal was made. 
 
 Grounda of 
 Complaint alleged. 
 
 FORM 10. 
 
 (Section 13, Sub-sec. 3.) 
 
 clerk's ADVERTISEMENT OF COURT IN NEWSPAPER. 
 
 Notice is hereby given, that a Court will be held, pursuani 
 he Ontario Voters' Lists Act, 1889, by His Honour the Judge of 
 
 The 
 
 County Court of the County of 
 18 , at o'clock, 
 
 on the da| 
 to hear and determine the sevi 
 
aOlPAIi MANUAL. 
 
 [Form 8. 
 
 . . luvftttond the Bluings of the gftid I 
 rticlpallty aw«n J ^^^ Municipality fori 
 ,HCH«me»yio ^^^ ^^^ Municipality 
 
 iHr tie Acting Judge, on the day and | 
 
 lfOR« 
 
 12.] 
 
 voters' lists act. 
 
 loints of errors and omissions in the Voters' List of the Munioi- 
 
 compift"""' ( JO 
 
 All persons having business at the Court are required to attend at 
 tbe Jul time and place. 
 
 Dated, &o. 
 
 Clerk qf 
 
 A. B., 
 
 118$ 
 
 t f 
 
 ■ h-'*! 
 
 Judge, O.C. 
 
 FORM 9. 
 
 [Section 13-) 
 
 COMPliAlNTS. 
 
 ,, t a Court will he held, pumunt to Tl, 
 biiat a '.'Ouiu jj^t^je day of , 
 
 1SS9, at ' of heaving all compkiuU 
 
 for the P"!^F««^ ?;^uty ^f i,, is , 
 ^^^\l'Le"htnS^theUoined 
 fn^at the Court are herehy rehired 
 
 ad place. ^^^ 
 
 Clerk of 
 
 Schednle. ^^^^^ 
 
 Iwameof person in 1 Grounds oi 
 Knecttowhom Complaint alleged 
 Lpeal was made^ > 
 
 FORM 11. 
 
 {Section 13.) 
 
 clerk's notice to pabty complainiko. 
 The Ontario Voters' LintH Act, 18S0. 
 V are hcrel)y notified that, pursuant to the Statute in that 
 Lh 1? a Court for the Revision of the Voters' List, 18 , for the 
 lu • inalitv of , will 1)0 held by the Judge (or acting Judge) 
 
 ;°rSmty Court of the County of . at , on tie 
 
 |j f .18 . *t o'clock, at which Court all complaints 
 
 hV-\ l^ed of any error or omission in the said List will bo heard 
 I a 1 termined. A list of said complaints is posted up in and 
 
 1 hereby required to be and appear at such Court ; and take 
 •""^^that the Judge may proceed to hear and determine the com- 
 iS, whether the parties complaining appear or not. 
 Bv order of His Honour the Judge of the County Court of the 
 ioMtyof 
 Dated day of 18 . 
 
 , person complaining of error in 
 the said Voters List. . 
 
 A. B., 
 
 Clerk of the Municipality of , and 
 
 constituted Clerk of said Court, 
 
 > !, 
 
 , I 
 
 FORM 10. 
 
 \Section 13, Sub-sec. 3.) 
 
 [ ».MENT of COUB-r 11^ NENV.VAPEK. 
 
 h'^'/^iSSP CHirHx>nour the Judgeof 
 Isls Act, ISHJ, "J . , on the ^ 
 
 ■bounty of ^^^^^ j,„a determine the mi 
 
 ('clock, 
 
 FORM 12. 
 
 {Section 13.) 
 
 clerk's notice to party complained against. 
 The Ontario Voters' Lists Act, 1889. 
 Iyou are hereby notified that, pursuant to the Statute in that be- 
 ta Court for the Revision of the Voters' List, 18 , for the 
 jiicipality of i will be held by the Judge {or acting 
 
 M) of the County Court of the County of , at 
 
 jthe day of , 18 , at o'clock, and 
 
 I are required to appear at the said Court, for that 
 I complained that your name is wrongly inserted in 
 
1184 
 
 i^ 
 
 M 
 
 
 -^- < . .■■Ill; 
 
 THE MUNICIPAL MANUAL. [l^OHM |2 
 
 tlio Haiti Votora' LiHt (bccauBo, oto., Hhitf vmtlKr of com ^tluinl ronri, i ' 
 A lihtof all (MniipliiiiitH lodgiid im jKJHtod np in ;iini| tn\n.,\' 
 
 that the Judgu iiiiiy pruceud to hear and dutcrininu the Huid coninl • ? 
 whether you appear or not. ' *"''» 
 
 Hy order of his ilunour the Jud^e of the County Court of tl, 
 (.'ounty of '"• 
 
 •J'o 
 
 J'hitored on said Voters' List. 
 
 A. /{., 
 
 Clerk of the mid Miininjinlifi/, „ud cmHiii,., j 
 t'krk of the said Court. ** 
 
 FOR.M 13. 
 
 {Section i^, Sub-sec. 1.) 
 
 BUUl'lUNA. 
 
 SEAL. 
 
 i 
 
 Ontario 
 County of 
 
 To Wit. 
 
 To 
 
 ]■ 
 
 VicTOKiA, 1)y tlie Grace of f;o,l^ ^f ^y 
 Uuitud Kingdom of (ire.it Hii'tai,, aj 
 J reliiud, Queen, Defender of the Kaith 
 (Ireeting : 
 
 We command you, that, all excuses i)C laid aside, you b? ^j 
 appear in your proper person before our iludge of our County (ouH 
 of the County of , at , on the day of jj 
 
 at o'clock in the noon, at a Court appointed, and' tlJ 
 
 .and then to be held, for hearing complainta of errors in tiie Vottn 
 Liat for 18 , of the Municipality of the of i,, (L 
 
 County of , and for revision ot the said Voters' Ijst thei 
 
 and there to testify to all and singular those things wliicli you'knoi 
 in a certain matter (or nuitters) of complaint made and iiowdqieiidiJ 
 before the said Judge, under Thf Ontario Voli r.n' lA^ti Act m 
 wlierein one is complainant, and which complaint in to IjetriJ 
 
 at the said Court. Herein fail not. 
 
 Witness, His Honour , Judge of our said f!ourt at 
 
 the day of , in the year of our Lord 18 . 
 
 A. B., 
 
 Ckrk. 
 
 FORM U. 
 
 (Section 16.) 
 
 REPORT OF CLERK APPLYING FOR C'iJKTIFICATE U.NDEE 
 SECTION 16. 
 
 To the Judge of the County Court of the County of , 
 
 I, , Clerk of the Municipality of , in the said Com 
 
 of , do hereby certify as follows : 
 
VOTKKS' LISTS ACT. 
 
 IH , pout lip, and for 
 
 „...,.„., "'-/••"".';;;;;;';r;:*l;:;;i',]&^^^^^^ 
 
 1 ;- i.ohUmI »V '" , ^i ' i 1 . . '^ H*^^,... Ill mv «»<*'"•« '^t ' '^ ♦^'•"*' '''"' ^"n-m;t i)nntr.l copy of the 
 
 j iiftiict! of 77(« Ont.o^m I'ote.ni' Lists Art, /SSU, with tho certificate 
 
 Tiiikt I <ii«i •»" *'>o •'"■y "f 
 
 ;o licar aiul 
 
 iirol liy Hcction 7 of tho uaid Act utulorntil tliorcon. 
 
 ^' A. n., 
 
 rt. 
 
 FORM 13. 
 
 ion U, ^'^'^-"'''' ^^ 
 
 (Jreetmg • 
 P"^\'; foTr.Uulge of our County ( 
 
 . (Ill tnC • i 1 .1 
 
 at • . „ Court ivppouitea, and 
 
 noon, at a ^ our i .^^ ^, ^. 
 
 hearing ^S"'"^; fUe of 
 
 ,r revision o^.*''*;,''* ,^ tUU.«H whi- 
 
 , in the ye- 
 
 A.B. 
 
 Cltrl, 
 
 Iekk 
 
 . >,v the Grace of Cod, of tlii 
 
 Ireland, liui^t-u, 
 
 (Jreeting: 
 
 laid anide, yon li? 
 
 18 
 theij 
 noon, at » V""' of"\'n<.vH ui'the Vud 
 
 ,iHt , tba 
 or revis»;'' '", ""lu.,ae thiugi^ which youkwi 
 ,U and Btn«" ^ ^» J ,nado and now .k J 
 ,uvtter8);>fcom la^^^^^^^ .^, /^f,,, ic( j.l 
 
 '"^"'*'' jtlgeofoursaid(Jo«rtat 
 ' ''"^u^f our Lord 1» • 
 
 1,1,1 1; (if Miiid Act. 
 
 Iwit I <Hd on tho <hiy of , 18 , cause to l>o inHcrted 
 
 ,ii,c iiL'WHpapiT called tho '* ," publiHhedin , tho notice 
 
 R,iiireil hy Hci'tion t) of thcHaid Act. 
 TImt no pcrKon gave mo nor did 1 receive any written notice of com- 
 ihiiitand intention to apjdy to the .fiidtrc or .liininr or acting .Indgo 
 LtlieOninty <-''ourt of said (.'onnty of in respect to tlic waid 
 
 luUiM'his'' within thirty days after 1, the 8aid Tlerk, iiad postid up 
 . ^^1(1 list in my olKco, aw directed hy tiie provisioim of the said Act. 
 \ml that to tlie best of my knowledge and l)elief, 1 have complied 
 lithtlu! Hcveral rcijuirementH of tlie Hiiid Act, so as to entitle nie to 
 fiilv for ccrtilic^d copies under section 10 of the said Act, and I do 
 (iviiv, in pursuance thereof, now; appdy to yrni tlie said Judge to 
 Ljjfy'tiirti; of the copies of the :;aid List received l>y you as liciiig 
 . i{"evi8t(l liist of Voters for tho municipality of the said of 
 
 ' for tiic year of our I-ord 18 . 
 Iwitiu'SH my liii"'! <^*"'' day of 18 . 
 
 FOKM U- 
 
 (Section 16.) 
 
 ^PP.VINO FOH C.KTinCATE ODE. 
 SECTION 16. 
 
 tounty court o.t^ec;.u..yo.^^^_^;^^ 
 
 Clerk of the MiniicipalUy of 
 
 P. O. 
 
 FORM 15. 
 (Section 16.) 
 
 CEUTIFICATh; OF NO OOMPI.AINTS. 
 
 County of 
 
 B. Clerk of the Municipality of tho , having certified 
 
 Itr his hand that no comjilaint respecting the List of Voters for 
 I municipality, for the year 18 , had been received by him with- 
 iirty (lays after tho first posting up of tho same ; and upon appli* 
 Ion of the Clerk, I, , Judge of the County Court of the 
 
 hitvof in pursuance of tho i)rovi8ion3 of The Ontario Voters' 
 
 pM 1SS9, certify that tho annexed printed List of Voters, being 
 fofthe copies received by me from the said Clerk, under section 5 
 kesaid Act, is the Revised List of Voters for the said Municipality 
 
 ke year 18 
 
 Iren under my hand and seal, at 
 
 m 
 
 , this 
 
 day of 
 Judge. 
 
 1180 
 
 / 
 
 M' 
 
 'J '} ! 
 
 '. I' 
 
[Form i6 
 
 1186 THE MUNICIPAL MANUAL. 
 
 FORM 16. 
 
 (Section 17, Sub-sec. 1.) 
 
 STATEMENT OF ALTERATIONS BY JUDGE. 
 
 Be it remembered that upon a final revision and correction of the Li i 
 of Voters of the Municipality of the of for the year 18 
 
 pursuant to the provisions of The Ontario Voters^ Lists Act, 1SS9 tti 
 following changes were duly made by me in the copies of the'sal 
 list received by me from the Clerk of the said Municipality, viz . " 
 
 1. The following persons are added to the said List : 
 
 Name. 
 
 Polling 
 Sub-Division. 
 
 Part of List. 
 
 Property, or otiiei 
 yualitication, 
 
 2, The following persona are struck off the said List : 
 
 Name. 
 
 Polling. 
 Sub-Division. 
 
 Part of List. 
 
 Property, orotlier 
 Qualification, 
 
 3. The following changes are made in the property described owxi 
 site to the names of voters otherwise correctly inserted : 
 
 Name. 
 
 Polling 
 Sub-Division. 
 
 Part 
 
 of 
 
 List- 
 
 Property or other Quali- 
 fication as originally 
 described on list. 
 
 Property, or j 
 other Qualifici 
 tion as alterec 
 
 4. The following changes are made in the names of votei-s ina 
 rectly named : 
 
 Name origi- 
 nally on list. 
 
 Polling 
 Sub-Division. 
 
 Part 
 
 of 
 List. 
 
 Name as 
 altered. 
 
 Property.orotti 
 Qualification, 
 
 
 ! 
 
 
 
 Witness my hand tliis 
 
 day of A.D. 18 
 
 County Judge, County of 
 
•ir 
 
 ' r.TC<» BV JUDGE. 
 
 F ALTERATIONS tionoftheList 
 
 n a final revision ana j^^^^^y,,,^^ 
 
 V of the . {;_,g«.s' Lists Act, 1889, the 
 J Tfte Ontario Vowi ^^^ ^^^.^^ ^^ ^^^^^.^^ 
 
 Y made ^'y, ""^ =,1 Municipality, viz. : 
 
 lProperty,orotkt 
 ' Qualification, 
 
 Pqum 19.] voters' lists act. 
 
 FORM 17. 
 
 (Section 17, Sub-sec. 1.) 
 
 CERTIFICATE OF JUDGE. 
 
 T Judge of the County Court of the County of 
 
 '■f ,. in ^t The Ontnvin Vntevsi' TAota 4 ri IK 
 
 to section 
 
 -—7rr':;^he said List ^ 
 
 lling. 
 division 
 
 lProperty,orotl«r| 
 part of List. \ Qualification. 
 
 lUog \ of 
 livision.U^gt. 
 
 ;;;j; in the names of vote.™ 
 
 iJaine as 
 altered, 
 
 Ihangea are 
 
 TPartl i^aine as 
 
 17 of The Ontario Voters' Lists Act, 1889, 
 
 pursuant 
 do hereby 
 
 Hfv that the above (as the case may he) is a corrected copy of the 
 
 , ace 
 ection thereof, pursuant to the provisions of the said Act. 
 
 Sof Voters, for the year 18 
 '^municipality of the of 
 
 ,the 
 
 by me from the'Clerk of 
 , according to my revision and 
 
 Pro\)erty,orot 
 Qualification,! 
 
 this 
 
 day of 
 Gourdy 
 
 A.D. 18 
 Judl/e, County o/ 
 
 Dated at 
 
 this 
 
 day of 
 
 18 
 
 Judge, 
 
 FORM 18. 
 
 {Section 29, Sub-sec. 1.) 
 
 ORDER FOB PAYMENT OF COSTS. 
 
 The Ontario Voters' Lists Act, 1889. 
 
 In the matter of the Voters' List for the Municipality of 
 lis and of the complaint and appeal to the Judge of the County 
 Ifourtof the County of , by ^. JS., complaining of the name of 
 
 D being wrongly inserted in the said List (or, as the case may h?, 
 ifiii'j? in brief the nature of the complaint.) 
 
 On proceedings taken before me, pursuant to the said Act, I find 
 tad adjudge that the name of the said CD. was rightly inserted in 
 ke said List [or, was wrongly inserted in the said List), and order 
 atthesaid.4. B. do pay the said C. D. his costs occasioned by 
 . said complaint,— or, and order that the said C. D. shall pay 
 ' • y /,>. his costs incident to the said complaint, — or, and order 
 at E F- the Assessor of ihe said Municipality, being blamcable 
 t such wrong insertion, ^lo pay the said A. B. his costs incident to 
 isaid complaint,— or, as the case may he, stating it in brief), said 
 i to be taxed pursuant to the said Act. 
 
 , this day of 18 . 
 
 Jxidge. 
 
 Dated at 
 
 FORM 19. 
 {Section 30.) 
 
 WRIT OF EXECUTION. 
 
 ICTO/f/i, h\i the Grace of Ood of the United Kingdom, of Great 
 Britain and Ireland, Qneen, Defender of the Faith. 
 
 Ithe Slieriff of the Grretino : 
 
 Ht command you that of the goods and chattels in your bailiwick 
 
 iisr 
 
 I, ''I 
 
 1! 
 
 4 1' 1 
 
 I !'l 
 
 'f- 
 
 
 >■! :■ 
 
1188 
 
 THE MUNICIPAL MANUAL. 
 
 [Form I9. 
 
 I 
 
 1^ 
 
 11: 
 
 Ifll 
 
 
 IH 
 
 |iH^rJ 
 
 Imm 
 
 
 I^^^Hi 
 
 ^^Bw' 
 
 of C. D. , you cause to be made % 
 lately by an order of His Honour 
 of , dated the day of 
 
 , for certain coats which 
 , Judge of thft County Court 
 , 18 , were ordered to b« 
 
 paid by the said C. D., to A. B., as and for his costs sustained b 
 him on the trial of a complaint against the Voters' List for the Mun^ 
 cipality of , in the said County, for 18 , made and prosecute!) 
 
 under the provisions of The Ontario Voters' Lists Act, 1SS9 whi y, 
 said costs have been taxed and allowed at the said sum, as apue 
 of record ; and have that money before Our Judge of Our said Cni J 
 at immediately after the execution hereof ; and in what ma 
 
 ner you shall have executed this Our writ, make appear to Our Jul" 
 aforesaid at immediately after the execution thereof, and hav* 
 
 you there then this writ. ® 
 
 Witnes, His Honour , Judge of Our said Court, at 
 
 the day of , in the year of our Lord 18 . ' 
 
 A. B., 
 Clerk. 
 
 FORM 20. 
 
 {Section 82.) 
 
 ORDER FOR ASSESSMENT OF PERSONS OMITTED FROM 
 
 ROLL, ETC. 
 
 In the matter of assessment for the year 18 , in the Municipahtvof 
 
 The persons mentioned in the Hrst column of the Scliedules fonL. 
 
 ing not being assessed, or not being sufficiently assessed, ou the 
 
 Assessment Roll of the Municipality of , for the year 18 and 
 
 having been found entitled to vote, ou proceedings taken before me 
 
 , Judge of the County oi , under The Ontario Voter} I 
 
 Lists Act, 1889. In pursuance of Section 32 of the said Act, it jj I 
 adjudged that the said parties mentioned in the first columns of the 
 following Schedules respectively should have been assessed for the 1 
 sums mentioned in the second columns respectively opposite their I 
 respective names, in respect to the land or other property or qua 
 cation mentioned in the third columns of said Schedules rospectivelvl 
 opposite the respective names of said parties, and it is ordered that I 
 the said parties should be assessed accordingly. 
 Dated the day of A.D. 18 . 
 
 Schedule 1. 
 
 Column 1. 
 
 Names of persons lia- 
 ble to have been assessed 
 on the Assessment Koll 
 for the Municipality of 
 for the year 18 , 
 but not assessed. 
 
 Column 2. 
 
 Amount for which 
 the parties should 
 have been assessed. 
 
 Column 3. 
 
 Property in respertj 
 to which the liabilitf 
 to assessment eiisti, 1 
 
 
 
31PAL MANUAL. 
 
 [EoRiiia. ■ Form 22.] 
 
 for certain costa which 
 't^" ^ Tndce of tb« Ounty Court 
 
 ur ' *l Q ° -were ordered to he 
 
 o^ 1 for hia costs sustained hy 
 
 ^•' '^■^ fie Voters' List for the Muni- 
 
 against tne y ^^^ ^^^ prosecuted 
 
 bounty, for 18 ^j.^,^ ^,(, iSS9, winch 
 
 ntano • ''^*^'"the said sum, as apvean 
 I allowed at Tin ^ ^j ^^^^ said Court 
 
 ,ey before O^^ Ji^of ; and in what man- 
 , 'executioii l^rj^o ^ to Our Judge 
 
 faf^'S -"utU^^^^^^^^ and have 
 t r»nr said Court, at 
 
 Clerk 
 
 
 20. 
 
 OMITTED TKOM ROLL, ETC. 
 
 0TPEB30S9 i^theMuuicipahtyol! 
 
 ent for *« ^mn of the Scliedules Mow. 
 iu tUe t^f ^,^nJ^fficient\y assessed ou tk 
 or not being. ^"^ for the year 18 ,and 
 
 uuicivality ot ^^„_ '^ings taken before me, 
 
 td to vote, ou P'^o^X W ^^"'""" ''"'M 
 itutv of J \o of the said Act, it « I 
 
 ^^' '' ?nedix?the tirst columns oi the 
 u-tics in«»J^"fif iave been assessed for tlie 
 ,ectively BbouUl "^^ lively opposite th» 
 second ^''^^^'^H'of other property orquali- 
 )ect to the land or o ^ ^^^^^es respec iveljl 
 
 ^'-^'^trparSs!-^ 
 
 voters' lists act. 
 Schedule 2. 
 
 1189 
 
 Column 1. 
 
 Names of persons not 
 sufficiently assessed on 
 the Aaseasment RoU for 
 
 Municipality of 
 for the year 18 . 
 
 Column 2. 
 
 Amount for which 
 the parties should be 
 assessed in addition 
 to the amount already 
 on the Assessineut 
 Roll. 
 
 1 u- -ul ProoertV in «'P'''I 
 
 Ti Amount for «Slto whW- *« >»«1 
 
 [ofhave been » \ 
 
 Column 3. 
 
 Property in'respect 
 to which the liability 
 to assessment exists. 
 
 FORM 21. 
 
 (Section 34, Sub-sec. 1.) 
 
 APPLICATION TO JUDGE AGAINST DELINQUENT CLERK. 
 
 Pursuant to section 34 of The Ontario Voters' Lists Act. 1889, I, 
 i. B., Clerk of the Peace for the County of {or, a person enti- 
 
 f tied to be named as an elector on the Voters' Lists Tor the Munici- 
 pality of . for 18 ,) hereby inform His Honour the Judge of 
 [th« County Court of the said County, that C. D., Clerk of the Muni- 
 Icipality of > in the said County, has failed to perform the duties 
 Irequired of him as such Clerk by the said Act, in this, that he the 
 Ijaid C'D- li^s *^ot made out the Alphabetical List of Voters for 18 
 Ifor the said Municipality, within thirty days after the final revision 
 ind correction of the Assessment Roll thereof {or has not delivered 
 itit transmitted printed copies of the Voters' List for the said Muni- 
 cipality, for 18 , to and and or to ajiy of them or, 
 Is (k case may he, stating in brief the duty not performed), according 
 [to the requirements of the said Act ; and I apply to you the said 
 iJudw to enforce the performance of the duties aforesaid, and to take 
 nch other proceedings as may be necessary. 
 Dated at , this day of 18 . 
 
 A. B., 
 Clerk of the Peace. 
 
 FORM 22. 
 
 (Section 3^, Sub-sec. S.) 
 
 SUMMONS. 
 
 The Ontario Voters' Lists Act, 1889. 
 I In the matter of the Voters' List for the Municipality of 
 I County of , for 18 . 
 
 m 
 
 i=ft 
 
 y. 1 !• r : 
 
 f"Hl 
 
 
 ■■ J 
 
 , i 
 
 ■ f ' 
 
 m 
 
1190 
 
 THE MUNICIPAL MANUAL. I FoRM 29 
 
 Whereas it appears by the appHcation of A. B., the Clerk of fd 
 Peace for the said County (or, a person entitled to be named as 
 elector on the said List), made to me, in pursuance of the said aT 
 that you, C. D. , the Clerk of the said Municipality, have failed t 
 perform certain duties required of you by the said Act, iu thig th t 
 you have not made out the Alphabetical List of Voters for 18 ' * 
 the said Municipality, within thirty days after the final revision a I 
 correction of the Assessment Roll thereof {or, as the case may be n 
 lotoing the application) ; and whereas the said A . B. has applic'/ '! 
 me to enforce the xjerformance of the duties aforesaid ; 
 
 You, the said CD., are therefore hereby required to be andaoD 
 before me, at my Chambers, in , on the day of ^^^'"^ 
 
 18 , at the hour of , and then and there have with yon a i 
 
 produce before me the Assessment Roll for 18 , for the said Mu'' 
 cipality, and any documents in your custody, power or contr"! 
 relating to the Assessment Roll, or to the Voters' List 
 and then and there submit yourself for the examination 
 may be required of you. Herein fail not at your peril. 
 
 Dated this day of 18 . 
 
 aforesaid • 
 on oatii as 
 
 To C. D. 
 
 Clerk of the Municipality of 
 
 Jnd(j(, 
 
 52 Vict. cap. 17. 
 
 An Act to make farther provision respecting tha 
 Districts of Parry t^ouiid ami Muskoka. 
 
 Sales of land 
 for taxei. 
 
 Rev. Stat. 
 c. 193. 
 
 Assented to 23rd March, 1889. 
 
 HER MAJESTY, by and with the advice and consent oi 
 the Legislative Assembly of the Province of Ontaiioi 
 enacts as follows : — 
 
 1. From and after the passing of this Act, the powers ani 
 duties imposed by Tlie Assessment Act upon the tretasuierii 
 any county in respect of the collection of arrears of taxes, 
 in respect of the sale of land for taxes' .shall, in thedistiicj 
 of Muskoka and Parry Sound, be performed and exercise] 
 by the slieriffs of each of the said districts respectively, aa 
 

 PAL MANUAL. 
 
 [T'ORM 22. 
 
 ,. ^- ^ ni A. B.,t\iB Clerk of the 
 '^'° ^entitled to be named as an 
 person enm^^^^^^ of the said Act, 
 
 II^ILkA MunicipaUty, have Med to 
 ^^ ,. bv the said Act, iu this, that 
 o\ yo" ^X i„t of Voters for 18 , for 
 labetical 1^1 the final revision and 
 
 ltthesaid^-^-/-^PP^^^^^" 
 Ttte duties aforesaid; 
 
 ,,,e hereby r^q-ed to Wappea: 
 
 on xne J ' 
 
 ^ , .1 onil there have with you and 
 "^ *?PoU for 18 , for the said Muni- 
 ""fn vour custody, power or control, 
 r to the Voters' I.ist aforesaid; 
 '°"' ?I cL^ the examination on oath as 
 SU°noratyo» peril, 
 
 18 . 
 
 pality 
 
 of 
 
 trudge. 
 
 Vict, cap- 17- 
 
 Iber provision respecting A^ 
 
 ■irry 
 
 sound and Muskoka. 
 
 Assented to 23rd March 18S9. 
 
 V and with the advice and conse 
 l^emb'yoUheProvinceofOu 
 
 Assessment Act ^P» ^^ , 
 
 be 
 
 5 /n] PARRY SOUND AND MUSKOKA. HOI 
 
 ^11 provisions respecting the sale of lands for taxes in coun- 
 ties shall, so far as practicable and where not inconsistent 
 with this Act, apply to sales under this Act ; and all duties 
 and proceedings required to be performed by the officers of 
 local municipalities, iu regard to the collection of such arrears 
 upon lists received from county treasiirers, shall, by the said 
 o^ers, be performed in respect to similar lists received from 
 tlie sherift's of the said districts. 
 
 2 The treasurers of the counties of Simcoe and Ontario Retirns of 
 skll return to the sherifls of Muskoka and Parry Sound mXb^^ 
 .nnpptivelv a list of all the lands in arrears for taxes not "''="'"■*"»?* 
 
 reaper w*^' J" -i. i. • J.1, • ,. T Simcoe and 
 
 sdvertised for sale which are situate m their respective dis-Oniarioto 
 tricts, and the sheriffs shall enter in their books against theMusJfoka^ 
 lesiiective lots or parcels of land the arrears so returned, ,ind «""' Parry 
 shall thereafter take all necessary subsequent proceedings for 
 the collection of the same, in the same manner as is requi.-ed 
 fcr the collection of other arrears. But in case any of the 
 I i^jjjs ill the said districts have been advertised by the treas- 
 niers of the aforesaid counties before the passing of this Act, 
 the sale of such lands shall be completed in the same manner 
 as if this Act had not been passed. ^^^ g^^^ 
 
 c. 193, 8. 160, 
 
 3 Section. 160 of The A ssessme^it Act Hhtiii not apply to not to apply 
 the districts of Muskoka and Parry Sound. amf "'arrj* 
 
 Sound. 
 
 4 "Where any portion of the tax on the land in the dis- wiu-u lands 
 Itdctsof Muskoka and Parry Sound has been due for and in f°,,''°„^gg* 
 [the third year, or for more than three years preceding the 
 
 current year, tiie sheriff of the district shall, unless otherwise 
 Idiiected by a by-law of any municipal council in the district, 
 Initike out a list in duplicate of all the land liable under the 
 Ipmvisions of The Assessineyit Act to be sold for taxes in Muy Rev stat. 
 [mmiicipality in the district, with the amount of arreai's '^' '®^" 
 laraiiist eacli lot set opposite to the same ; and transmit the 
 Lme to the reeve of the municipality in which the land is 
 \it"ate and such reeve shall ivuthenticate the list by affixing 
 kereto the seal of the corporation and his signature, and one 
 k the Usts shall be deposited with the clerk of the munici- 
 ality, and the other shall bo returntid to the sheriff with a 
 iriivrant thereto annexed under the liand of the reeve and 
 he seal of the nuinicipality commanding him to levy upon 
 lie laud for the arrears due thereon, with his costs. 
 
 5_n) Where lands liable to sale for taxes are situate Place of »nie. 
 the towrship of McMurrich, Ryerson, Strong, Laurier, 
 
 iil 
 
 J i 
 
 i t 
 
 
 r 
 
 
 !-a 
 
 liM 
 
 !■■ ■: :i 
 
1192 
 
 THE MUNICIPAL MANUAL. Pg g ,.. 
 
 Nipissing, Perry, Armour, Joly, Gurd, Bethnne, Proudfoot 
 Macliar, Himsworth, or in the village of Sundriilw tlip i 
 of such lands for taxes shall take place at Bark's Palls 
 
 (2) "Where the lands are situate in the township of 8r p 
 Feirie, Pringle, Croft, Loant, Hardy, Chapman, MiHg'^'^^' 
 Patterson, the sale shall take place at Maganetawan vill' "'' 
 
 or 
 
 (3) Where the lands are situate in the township of Conrr 
 Humphrey, Monteith, Carling, Shawanaga, Harrison W n'l 
 bridge, Mowat, Cowper, McDougall, McKellar, Ha<''pnnl 
 
 . MoKenzie, Wilson, McConkoy, Foley, Christie, V^Z^i 
 Burpee, Burton, Brown, Blair, or other parts of the dlstrictl 
 of Parry Sound not named in this section, the sale shall tnt f 
 place at the town of Parry Sound. 
 
 (4) Where the lands are situate in the township of Medor J 
 Wood, Morrison, Musk oka, Ryde, Baxter, Gibson, or FipflJ 
 man, the sale shall take place at the town of Gravenhurst 
 
 (5) Where the lands are situate in the township of Chad 
 fey, Brunell, Stisted, Stef)henson, or Sinclair, or in the villaaj 
 of Huntsville, the sale shall take place at the said village i^ 
 Huntsville. 
 
 (6) Where the lands are situate in the township of Card 
 well, Watt, Monck, McLean, Eidout, Macaulay, DniijerJ 
 Oakley, or other parts of Muskoka not named in this section 
 the sale shall take plnce afc the village of Bracebridcre. 
 
 Change of /y) Q^ an application of the council of any townshinfii 
 
 place of sale. , ^ ' ^ , i_ i- i. i i j.i t • , '' "^^ " "=""1' t" 
 
 place of sale may be directed by the Lieutenant-Governor l 
 Council to be transferred thereafter from any one of til 
 places herein named to any other of them. 
 
 (8) The advertisements for the sale shall be published 
 the Ontario Gazette and in some newspaper published at t| 
 place of sale or elsewhere in the district and for the perio 
 required by law. 
 
 . — (9) Section 33 of TJie Act respecting the establishmentl 
 
 not to supply. Municipal Institutions in the Districts of Algoma, Mmhi 
 
 Parry Sound, Nipissing, Thunder Bay, and Rainy Rii 
 
 shall not hereafter be deemed to apply to the municipalilj 
 
 named in this section. 
 
 [^Sections 6 to 9 and the first part of 10 are omitted m 
 $ame do not relate to municipal matters.] 
 
 10. Section 12 of The Assessment Amendment Act 1^ 
 [is] hereby repealed. 
 
 AdvertiBti' 
 mentB of 
 •ale. 
 
 Rer. Stat 
 c. 185, 8. 33 
 
 '.'■%*'< -'J' 
 
jlPAL MANUAL. 
 
 [s.5(lV 
 
 le ac 
 
 the v\ 
 
 i] 
 
 PURCHASE OF TOLL ROADS. 
 
 1193> 
 
 1 Guvd, Bethnne, Proudfoot, 
 i^l^vUlace'of SunAriage, the sale 
 
 •f »«te in the township of Spence, 
 
 rilardy, Chapman, Mills, or 
 
 ,ke place at Maganetawau village. 
 
 ' •+,mte in the township of Conner, ' 
 .uTsha^vanaga, Harmon, ^Yal^^ 
 
 VTcDo"g^l», Christie, ¥erg«son,l 
 
 ,?ttesttion^he,saleshaVUah| 
 
 rv Sound. . .. , , 
 
 •t„-.te in *e to«nsH> 0* M™«S 
 
 ;^:oe i the town of araveriu,n«. 
 
 •f,,ntp in the township of CavJ 
 
 ^toka not named in tins secUo| 
 
 iUage of Bracebrulge. | 
 
 f .^,P council of any township tM 
 
 Tedthereaf tev from any one of t^ 
 
 C'^y other of them. 
 
 w the sale shall be pubhsliedi 
 ents for the ^'^er published at tl 
 -^^^TdS?and^ovthelJ 
 
 lere m 
 
 52 Vict, cap- 28. 
 
 ^n Act to facilitate the purchase of Toll Roads 
 by Municipalities. 
 
 I ^.»fina the estahlishnentl 
 
 \The Act ''^^r>f^2 ) Algona, MM 
 
 «./ n/ to are omitted asj 
 7 the first part o) w 
 
 or 
 
 Assented to March 23rd, 1889. 
 
 IER MAJESTY, by ard with the advice and consent ' 
 of the Legislative Assembly of the Province of 
 iGatavio, enacts as follows ; — 
 
 1, This Act may be cited as " The Toll Roads Municipal shovt title. 
 
 \lxfopnation Act." 
 
 Where the words following occur in this Act they shall interpnta- 
 Ibeconstnied in the manner hereinafter mentioned unless a ^'°°- 
 Lutrary intention appears : — 
 
 1, "Owner" or "owners" besides including any person «o^ner 
 Lnersons, in whom the legal and equitable estates are vested, "Owners,- 
 yi also include any joint stock company as well as any 
 
 pnicipality. , . ' 
 
 2, "Road " or " roads " shall include any parcel of land or « ^„^^„ ^^ 
 mbise respecting or any easement in any land, and also "Roads." 
 m toll houses or other buildings erected thereon or used 
 
 herewith. 
 
 ; 3. "Town " shall mean a town sepai-ated from the county "Town." 
 Ir municipal purposes. 
 
 [3. The council of any county, city, or separated town may Board of 
 by-law ap|ioint three persons, who are not municipal =°^™'"'o"- 
 ancillors or road owners, who shall constitute a board of 
 nmissiouers for the purposes hereinafter mentioned, and 
 Ly likewise from time to time till any vacancy that may 
 Icur iu siich board. 
 
 The said commissioners shall respectively hold office Tenure of 
 ^g the pleasure of the council. •*®'*' 
 
 150 
 
 
 i 
 
 'M' 
 
 
 U : 
 
 ■M 
 
 ' 
 
 ■.i n. 
 
1194 
 
 Selflction of 
 roadi. 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 5. 
 
 6. The board of commissioners shall examine the toll roatl 
 held or owned by any person, company or minor nnuiicihalit 
 within the county, city or town for which they are appointpfi 
 (and such road or roads shall always be held to ttnminate 
 at the boundary of any such city, town, or county,) imd f) 
 that purpose shall have power to travel over, measure din 
 into and otherwise examine, such roads as they may deen" 
 necessaiy for the use of the city, town, or county. 
 
 ?f*book"*»n3 6- "^^^ ^"^'^ board of commissioners shall also have power 
 rwordi. to examine all books and records connected with tlioumunfr 
 ment of any such road or roads and may I'equire nnv uwnc 
 or owners to produce the same for the purpcKse of lieinrr u, 
 amined, and shall also have power to examine any neisono- 
 persons under oath relative to the value, cost, iiicoine 
 expenditure, or net profit of any such road or roads, and in 
 case any person sliall refuse to testify or refuse to produce i 
 such books or i-ecords, he or they shall be punished foi- cnn 
 tempt of court in the manner provided for such cases in the! 
 courts of law. 
 
 Mapi to bn 
 laid before 
 counoih 
 
 7. The commissioners shall cause to be made a i.iau oil 
 maps of the road or roads or such as they may think necesi 
 sury ; and the same .shall he certified by a majority of m 
 said commissioners and laid before the county, city, or town 
 council for their consideration. 
 
 Maps to be 8. In case the coiuicil of any such city, town, or counti 
 
 Ieu!ctbn'!ip!^ appro^'e3 of the road or roads, copies of the map or ruap 
 
 proved. shall 1)6 filed in the office of the county or city rugistrarfa 
 
 such county or city. 
 
 Value to bo 
 aRcertaineU. 
 
 Mode of aR- 
 
 tortaining 
 
 ralue. 
 
 Kev. Sfat. 
 C.83 
 
 9. The commissioners shall thereupon prn"pei] us valiiat&ij 
 to place a value upon the road or raads aforesaid, with ;i viei 
 to the same being purchased under the authority of f; is aJ 
 for the objects and purposes aforesaid. 
 
 10. For the purpose of ascertaining and determining tl 
 prices to be paid for the said road or roads the conin:isoiong 
 may agree with the respective owners as to the prices a 
 terms of jiayment, subject to the provisions of this Ail! 
 to the a])proval of the council of the city, town or couiiivj 
 the commissioners and owners are unable to agree tli? ,nn'j 
 to be paid shall be determined by the Provincial Arl-'tiatl 
 in the manner provided for by The Act respcdimj tk h 
 
 '•\l 
 
 n-ji 
 
 ¥ 
 
 ^1 
 
 
 |l| 
 
 Y 
 
 1 ■; 
 
 ;•■€ 
 
 
 1 
 
 i 
 
pxi. 
 
 MANU 
 
 AL. 
 
 .bftl^ examine 
 
 
 "°?dich t^^ey .u-e appointed 
 {or win ^^ ^^ tenmnate 
 
 ^^^'"' "be heV 
 
 city 
 jver to 
 e, 8"cb 
 
 J city 
 
 '^^ .^^'' toU, or county,) aud for 
 "■' tmve\ uvev. n^e»suve d,. 
 ^b oa^B as tVu>y u.ay deem 
 ' to^vn, ov county. 
 
 . »v« shnU abo ^'av^ T"^'*^ 
 nini8Sioner« ^^^ w\t\» t^»e lummge- 
 
 •ecovds c»^j'" ; ^.eauive uny (.wncr 
 roads '^'^\"' Juvvose of being ex- 
 same for ^^ ^ ^^le any ^vsouov 
 
 ^■^ ^. the value, cost, mcome 
 
 ^^^^^ «nc\ivoad or roads, and m 
 
 t ofauys^^cn ,^^.^^^^ topvoducej 
 
 .„,e to te«^;y ^,e puuishod Vor CO.. 
 « ov they sh^^j!^ ^^^^ ^g,,c\i cases in the] 
 
 « to be made a v.vav on 
 rn B^aU cause to ^^ .^^,^ 
 
 \a\d betoie 
 
 ^'''''''" .b city, town, ov count, 
 
 eU of any H"cn J ^^^._^^^ ,,, ,,,^ 
 
 voads, copies oi .^^^ ,,,p^stvar tii 
 
 ov 
 
 ice 
 
 oi t\ie 
 
 coun 
 
 ty OV city vogistva 
 
 ^•aluatoi 
 
 Y,vo"ecd as vaUW-oi 
 
 evtam"^gj^,^,,,omuas..oii5 
 
 1^3,1 PURCHASE or TOLL R0AD8. 1195 
 
 iTorifc* of Ontario and all the provisionH of the said Act in 
 reeavd to tlie mode of determining the compensation to be 
 pjid for l*nds or other property or rights to be acquired by 
 ihe Commissioner of Public Works shall apply as nearly as 
 may be in determining the compensation to be paid for roads 
 or rights to be acquired for the jmrposes of this Act, but in 
 lieu of making any tender the commissioners may name a 
 price whicli they are willing to tix as the price to be paid, 
 
 nd notice thereof to the owners shall stand in lieu of a ten- 
 der The compensation agreed to or awarded as aforesaid 
 shall be the price to be paid for the roads or rights described 
 in the agreement or award, in case the same are taken 
 1 under this Act, or by tlie authority of the council of sucli 
 I county, city or town within oue year after such valuation or 
 
 jward has been made or after such price has been agreed 
 
 upon. ' • 
 
 11. Where a minor municipality is the owner in whole or Matten to 
 impart of a toll road wholly or partly within its own limits ^''commu^ 
 Ifliich is to be acquired or made a free road under the pro- "'"J?*"J^' 
 \isions of this Act, the commissioners in arranging with such in detemin. 
 nuiiicipaliiy and determining the amount to be paid thereto l.oli7bi* "' 
 respect of such road or portion thereof situate within its I'nging to 
 n Umits, or the arbitrators us the case may be, may have SpaHtiei!"''' 
 gird to any particular or special benefit or advantage to 
 ich niuniciimlity or the inhabitants thereof by reason of 
 ich road or that portion thereof lying within the limits of 
 cli municipality being made or becoming a free road. 
 
 12. After the proceedings hereinbefore provided for deter- Report of 
 ining the value of the road or roads have been completed, J"™""'"'""" 
 le said oonimissioners shall report to the council of such 
 mnty city or town, their proceedings therein with a 
 
 itement of the road or roads proposed to be taken and 
 value thereof as determined by arbitration or agree- 
 
 int. . \ 
 
 Al 
 
 ^«« ^^woad ov ro 
 
 vc; .18 to thepvK^'' 
 
 knd owners a^e^^^^^ ^_,^^^^.^,^^^,^ Mtja 
 
 ed by the 
 
 lletevm^"-^,,e'Aotresi>octin^ 
 lided fov by 
 
 th i'l 
 
 13. If the person or company conveying roads selected Payment of 
 
 this Act, could not without this Act have conveyed ^"n'in"^ 
 isame or agreed for the compensation to be paid therefor, c^urt. 
 any owner or party to whom the compensation money, 
 ny part thereof is payable, refuses to execute the proper 
 yeyance or other requisite instrument of transfer of the 
 k or if the person entitled to claim the compensation, 
 |iot be found, or is unknown, or if there is reason to fear 
 
 :iii 
 
 J I 
 
 < 1 
 
 ■■'f [ 
 
 ^ 
 
1196 
 
 THE MUNICIPAL MANUAL. 
 
 [s. 14. 
 
 r.iBE' 1 
 
 irfl 
 
 thfi compenBHtion money a;^nMd 
 any claim or incumbrance be c 1^^^ ^^.^^^ ^,^„,., ^^ ,,„^. 
 
 upon or ---^''^'''^ rSe CO e Huco or of the ;t«-.noutor 
 t ce ana a copy oi the con; J^ ^ ^ nth.lavit, slmll 
 
 iTard. if there be ru>c^^^^^^^^^^^^^^ proper otUcer of the 
 
 be aeliverecl to trie »^ 
 Court. ^^^ ^^y ^.j^j^^g acquirea or 
 
 Ccupeu..- , 14. The «o"^V\"^f;"Huirtbo consent of tlje vrovvi.tor 
 
 tion to stand ^nder this Af-^'^^;' the Hteail of such vimh,m\ 
 
 fja" or proprietors, shall ^^^^^^^^^^^ such roads shall ,. con- 
 
 any claim to or \"«""^^ ^^ ^''eon peusation n.oney or to a ,.,o- 
 
 verted into a d-";- « . ^^^ '^.^ ]hall be uuavuihng as respects 
 portionate amount theieo , 
 
 the roads themselves. 
 
 . w^ll not be taken of any part of any road 
 IK P.mscssion shall not uv. ...pountv valued iwatore- 
 
 "■r r' -*i" S>.H» of "7„ty;r:n'o" r:a,i.i. i-...- 1.„ .„« 
 
 " """■ lairt until tl.0 »"«"\'t,„'X? conn«'"y <"• "'""""' "T"""' '", 
 :iu,ll have ''Be" V-^ «'- ",„ ^tiLd to fece.ve H, or pM 
 
 to tte pev»o.is «-W™'"'fc i^i„,„ of this Aet. 
 
 i„to Court u„c>e, the p, ^_^^ ^^^^^,^ „„,„„,,,„ J 
 
 1 ft Where a road is s^^'''^;. .^^^.j. incumbrance scciiml, orl 
 is subject to a /^^^vtgage oi ^^^ n.ortgageo or otkr 
 
 not itshaUnotbenecessa ytoi^ ^^^^^^^ ^^ dctoruune tl.e 
 
 •ucun.brancers of ^-^yj^^^'XeconmussionerB intend to u. J 
 value of the roau---uvd-s ^hj^^^^ ^^ .^^^^^.^^.t to payoi 
 a price to be named NvhicU 
 
 the incumbrance. ^^^^^ ^^ .^^.^ ^^^ ^. I 
 
 17 If the road is not taken^ ^ ^^^ ^^^^.^^^.^^ ^^ ,,^.^,,j 
 
 asllresaid, the ownoij own-- ^^^^^ .^ 
 
 the costs to which he oi t»^^y " ^-^.^tion the value o h^ 
 
 ?n.s taken for determunng ^V^^^^,, ,Uall be stated .J 
 
 their road ; the amount o^J^^ ^^^ arbitrators du'ectt 
 
 aZd of the avbxtrato.^jbet''«^^^.^i^^ ,, such costun^ 
 
 ^^^ ^^-ftl^^Swf^^^^^^^^^^ or direct oth..se, 
 
 event ot the i ^..ppflins sec 
 
 Notice to in- 
 cumbrancers 
 
 Costs wlieie 
 roatl not 
 tttlten. 
 
 Costs tf<be Hi 
 discretion "i 
 arbitrators. 
 
 f the precedmg section tl 
 
 18 Sul.ject to the VJ-»;-»Xr tv to cletermi»e b,..l 
 
 „bU «t«rAhall have «»>\ ^"^^^"Jeotion with any a* «] 
 
 t'hom any -U .--ed ^/J ,,Mch »1>-W >';£S 
 shall be iiaul, but any • i„ners shall he cUiecfflj 
 
 "-« °7r„r pridt r "Ure. of s„ch »,* j 
 
 the award to be pa-i" 
 

 
 u.u. 
 
 „na«t\on money a<^vot!d 
 
 :rtC'otUev%vol>ev omcer ot U. 
 
 f V anv vonds ftcquirnA or 
 
 ^"°^^? .onseift of t\.c vvovviotor 
 out the cons ^^^^^^ ^.^^^^,^^ ,^^,^ 
 
 ■ ^^ '^^' tct roads shaW ■... en- 
 "^" "^'''^^^tlm vuouey or to a vn;- 
 ^::;dSteUuavuUin,as.c.,ecU 
 
 19.] 
 
 PURCHASE OF TOLL ROADS. 
 
 I I % 
 
 takei. of any vav 
 
 tof any 
 
 road 
 
 city, town, o /^ 4a, f..vtW same 
 
 >^8'-«^^^ '''' °v ov owner c,r owners, >;r 
 t\,e conn''\"y ^, to receive it, or paid 
 
 g to bo entitle 
 
 .revisions o£ tins 
 
 . .it-vkenniHler this Act ;md 
 , selected and ^t^^e .^^^^^^^ ^,^^„,,,a or 
 .ge or otbei-n^^^ „^,,^^^^^^^^^ 
 ^-^^•y %;" W- to dejernuae tLd 
 
 to wm 
 
 l\U the ''"""e in«uffioie«l to K 
 1 ;,1 forwUWnoMjd 
 
 croto«nf» *?;",„ put in any r« 
 b or *ey I'l™., ^Xn the value ote 
 
 ^" ' I the preceding «f 
 
 
 or city ; tlie nward as to costs shall not take effect until the 
 roail is purcljused, and if any such costs iirc directed to bo 
 paid to tlie said treasurer by any owner or owners, the same 
 sliiill be deducted from the pi ice of tlie road. 
 
 19. For greater certainty it is herohy declared thnt the Certain im- 
 
 fnllowiii/,' sections of 7'/ie Act re.y>e<'f.i)i(/ tin- J'xh/ic Wor/sS o/HM.HbC' 
 Oiiliirio, Mliail as nearly as may be, and unl(>sH where ineon-["^°'"P<""*- 
 sistt'iit witli this Act, apply to proceedings to ac(piire the 
 sail! I'OiKts under this Act—that is to say, sections 25, 2G, 27, 
 28 2'J, 31, ;i2, 33, 34, 35, 36, 40, 42, 43, 44 (a) ; and the powers 
 
 (a) Tho following aro tho sections referred to as adapted to thit 
 Act : 
 
 25. The Board of Comnussioners [or the corporation of tho of 
 
 __| limy authorize any engineer, agent, servant or workman 
 
 1 employed by or under him to enter into and upon any hind, to 
 fflio'.u'soever belonging, and to survey and take levels of the same. 
 
 26. Tiie T.oard or corporation may employ any engineer or person 
 i July lit;t'ii«ed or empowered to act as a surveyor for any I'rovince 
 linCiinad!!, to make any survey or t-stabhsh any liounchiry and furni«V 
 [thiiilaiis i>nd description of any property ac(|uired or to be acquired 
 [by the Board or the corporation, and such surveys, boundaries, 
 Ipliiis and descriptions shall have the same effect as if tlie operations 
 
 outlining tlicreto or connected therewitli had been performed by a 
 ami surveyor duly licensed and sworn in for the Province. 
 
 27. The boundaries of such property may be permanently estab- 
 kshftl liy means of ])roper stone or iron monuments planted by the 
 i^iiR'Oi' or surveyor so employed by the Jioard or the ct)rporation, 
 " sliiill be of the same etfect to all intents and ])urposes as if such 
 Dimilaiius had been ilrawn and such monuments planted by a land 
 Bneyor duly licensed and sworn in lor the I'rovince, and shall be 
 Eld to be the true and unalterable boundaries of such property : 
 It the bduudiry lines shall be so established and tlie monuments 
 iron or stone be planted only after due notice thereof has been 
 yen in writing to the owners of the lands to be thereby affected, 
 |(l 11 Nvritteii description of such boundaries shall be approved and 
 jpieil in the presence of two witnesses, by such engineer or sur- 
 for on behalf of the Board or the corporation, and by the other 
 ties concerned, or, in case of the refusal of anj' party to approve 
 sign the same, the refusal shall be recorded in such written 
 cription : and the boundary marks or monuments shall be planted 
 Uhe presence of at least one witness, who shall sign the said 
 jtten dt'sciiption, which shall afterwards be deposited with the 
 of the county council. See sec. ;J0 of this Act. 
 
 ||. The Board or the corporation, and their agents may enter 
 
 any uncleared or wild land, and take therefrom all timber, 
 
 88, gravel, sand, clay, or other materials which they may tind 
 
 isary for the construction, maintenance, and repair of the roads, 
 
 r 
 
 ii> I 9^ ; 
 
 •,;' f ■& 
 
 .i'\ 
 
 !li 
 
 ■Hi 
 
 It: : 
 
1198 
 
 THE MUNICIPAL MANUAL. ' [, <g 
 
 or rights which by tlie said sections or any of them tiif! vested 
 
 Ml 
 
 vt property, real or pursoiial, utulur their control; or may lav in 
 matorinls upon miy such land ; and the lioard or tho torpdratii ^ 
 may coimtruct, take and iiae all Huch tuniporary roadit to arl 
 from 8uch tiuibur, stonos, gravel, sand, clay, or other inaturiali, 
 may be required by them or their ageiiti for the convenii;iit pan^jn*' 
 to and from tho works d\iriiig their couatruction and repnir ; nuj ^ 
 enter upon any land for tho purpose of making proper ilrain's to car/ 
 of the water from any road, or for keeping such drains in mtiair ^ 
 
 29. Tho Board or the corporation may accjuire and tako possejsj,, 
 of any land or real estate, streams, waters, water-conraeH, fences a"] 
 wallu, the appropriation of which is in tlieir judgment iiiceeaarv j 
 expsdient for the use, construction, or maintenance nf any road' J 
 for tiie purpose of <lraiuiug, or for the enlargement or imiirovom ntl 
 of any road, or for obtaining better access thereto ; and the Hoanf I 
 the corporation may, for such purpose, contract with all ptraon? 
 guardians, tutors, curators and trustees, whatnoever, nut only f* 
 themselves, their heirs, successors an<l assigns, but .iIbo f(jr a,,,] I' . 
 the behalf of those whom they represent, whetiier infants, a}«(}ntM 
 lunatics, married women, or other persons otherwise iiicapaUe of! 
 contractiug, posHessed of or interested in such lauils, real property I 
 streaiuH, waters and water courses ; and all such contractu, and ail 
 conveyances or other instruments made in pmsuance of any snelil 
 contract bhall bo valid to all intents and purposes whatever, 
 
 30. In case the owner of lands or other property, the acquiijtipij 
 whereof is required as aforesaid, is under disability, and has nJ 
 representative known to the Board or the corporation with wliomJ 
 valid agreement can be made, tho Board or the corporation mavj 
 without notice or tender of compensation, take possession of t\i 
 ■aid laud, after such advertisement as is required where the ovne^ 
 does not reside on or near the property. [6'ee .sec, 48 of tht PulM 
 Works Act.] 
 
 31 — (1) In case the owner of the land or property to be taken i 
 an infant, or other person under disability, and has no guardiaaj 
 committee legally aut)iorized to represent his interest in the sail 
 land, the High Court or a Judge thereof, or the Judge of the Com 
 Court of tho county in which the land liis, shall, upon the appljq 
 tion by petition of the Board or tho corporation, appoint some peri? 
 to represent the interest of the infant|or other person undtr diaabilid 
 and shall determine the compensation to be paid by the Board 1 
 the corporation to the person so appointed for liis services. 
 
 (2) Marriage shall not constitute a disability requiring an appoia 
 ment to be made under this Act 
 
 32. No such appointment shall be required where (he person und 
 disability is only a part owner, and another person not under i 
 disability, who is also a part owner, has agreed to sell, or has 
 served in this Province with a proposal to purchase, or a teuderl 
 purchase money, and in no such case shall it be necessary that I 
 interest of the infant be represented in any dispute which may i 
 as to the value of the property taken. 
 
idBoctionsoranyofthem<uMe«.l 
 
 T 1 .r their control ; or nuy Uy any 
 
 '"'^ ■• r'n Hurh temporary r(.a.\H to m\ 
 
 „Be a" ""'' i^y or other nntermln » 
 
 gravel, ""^"'V. fm- th« couveniu.l vawi,. 
 
 ? their ftK^'»;,V?.\ion and repair ; and ua 
 u« then- coustruc H^n _^ U^^._^^ ^^ ^^^ y 
 
 oustruciioii ».." ■ ~r --. . ■ -J 1 
 
 ^f tnakinu proi)er ilraiiia to carry 
 
 , or 11" n-"!-- <^ 
 
 r.ttiou may aciuire an(\ take \mm^v 
 •poratioii "'»;^ ^ater-courneM, fences a 
 Btreams, wr*^;, ' ,^ iudiiment mctsaarv 
 
 19.] PUROHAIE or TOLL ROADI. 
 
 I tho Oommistioner of J'uhlio Works or the Crown, are 
 
 11»» 
 
 BtreamH, w*^*";, • , ;ua«ment iKCtwary -r 
 
 iBtructiou, . ^^.„icnt or iiniiroveinn; 
 
 ^' ' bcUer acco^B thereto ; a.ul the l..ard „r 
 ing botttr ui.>. .„,.tract witii all person*,, 
 
 ' «""\n'ZS-.^ 'vt«oever. not July fo 
 orB ana tr»8tte-, ^^^^^ .^^^^^ j^^^ ^^^^ ^^ 
 
 lUcccsBors "^"'^ *"" t.tlicr infants*, al«nnt«j„ 
 ' r^S"le-ns otherwi«e incavalAe , 
 II or otner i> ^ ^ ^^^ ,.j.,j pr„pt,ty| 
 
 f or interested in hhc ^^^^^ ^^^^^^^^^^^^ ^F^ ),^ 
 
 ,t,er coursea , pmsuauce of any «k1 
 
 tTiuJenjAp-P---'^^*''"^' , 
 
 iTBoid or the corporation with .hoial 
 ' ^^ 1« the Board or the corporation mayl 
 e made, tQo " ^ j^^ posHession of thl 
 
 L,r of compensaton ta.^^P^^^^^^^j^^ 1 
 
 b^r^roper ty & e« -■ ^ of <^e W^ 
 
 I , nf the land or property to be taken 
 
 lowner ot tno ' ^ j as no guardian 
 
 Bon under ^J^^^^^^^;^^^^^ interest tn the « 
 
 ^"^*^^l' thereof or the Judge of theCoun, 
 
 ' *J"v!^th«W 11^.9, BhaVl, upon the appk 
 
 ^^'"^^.r tie corporation, appoint some per, 
 
 vrrCoin{:d^VhisseJvic.. 
 
 ot constitute a disability requiring an appo, 
 
 *^'! 1' U \>e required where the personam 
 ;ment sliall ^e/^^^^^ person not under i 
 ,rt owner, »»;^ ^l^f ^''ee.l to sell, or has b 
 11 part owner, has y ^^se, or a tender! 
 ,ewith a proposa^^o pur^ ^^^^^„,,y ^ha, J 
 
 property taken. 
 
 33. Tilt' preceding Motion «hall not apply where the infant or 
 otbf Jiernon under disability holds an estate of u different nature 
 from that of the person not under disability, but shall apply in all 
 ^e» v,'htro they are part owners of tho same estate although in 
 different proportions. 
 
 31 Tlie Judge of the County Court, or such person as the High 
 Court may direct, shall have authority to execute a conveyunce for 
 u,l in tlio unmo of iMiy infant or other person under (lisability, 
 whetlicr tho case requires or does not require tho appointment of 
 gome person to roprosent tiie interest of tho infiint or other person 
 miller clisahility, aiul such execution shall bo exprensed to bo under 
 the authority of this Act. 
 
 35 When any resistance or forcible opposition is offered or appre- 
 hemlfil to possession beinj? takea of any land, or to the exercise of 
 
 ,ny ri({l>t autliorizcd under thij Act, the Judj<e of the County or 
 District Court of tho County or District in wiikh tlie land to be 
 taken, or in respect of which the right is to he Aorcised, Utn, may 
 iwue his warrant to tho Shcvitf of the District or ( 'ounty, or to a 
 baihff, as ho may deem most suitable, to put the Hoard or the cor 
 piirivtMin, their servants or agents, in possession, and to put down 
 ,i„.h n'sistiinco or opposition, which the Sheriff or bailiff, taking 
 witli him sufficient assistance, shall accordingly do. 
 
 38, The Hoard or the corporation may, if they think fit, in any 
 I case where any person is entitled to an arbitration under this Act, 
 tike sucli steps as may be nocessarv in order to have the amount of 
 [ compensation deternnned by tho Board of Official Arbitrators. 
 
 40. A notice, in such form and for such time as the Court may 
 lippoiut, shall i)e inserted by the otJicer of the Court in some news- 
 paper, published in the District or County in which the lands arc 
 Btuate, if there be any, which notice shall state that the title of the 
 Joard or tlie corporation (that is, tho conveyance, agreement or 
 kward, or if there bo none such, then tho notice of the Board or 
 Jie corporation to tho said officer of the Court as hereinbefore pro- 
 vided), is under this Act, and the notice so to be inserted shall call 
 ipnn .all persons entitled to the lands or to any part thereof, or 
 "^presenting or heing tho husbands of any parties bo entitled, or 
 laiming to hold or represent incumbrances therecm or interests 
 herein, to file their claims to the compensation or any part thereof. 
 
 42, The costs oi" tho proceedings or any part thereof shall be paii' 
 I the Hoard or the corporation or by any other party as the Court 
 4y order, and if the order of distribution is obtained in less than 
 I months from the payment of the compensation into Court 
 ^e I'imrt shall direct a proportionate part of tho interest to bi; 
 iturned to the Board or tho corporation ; and if from any error. 
 Jilt or neglect of the Board or the corporation, it is not oi)taine(l 
 jitil after the six months have expired, the Court shall order the 
 loard or the corporation to pay into Court the interest for such 
 ther period as may be right. 
 
 |43. hi any case where the price or compensation money agreed 
 r or awarded does not exceed $100, it may be paid to the party 
 
 I I 
 
 1 1 
 
 i i 
 
 * ' ' 
 
 i ' 
 
 fi ■ 
 

 Si! 
 
 llj, 
 
 ii 
 
 w 
 
 i\ I 
 
 1200 
 
 THE MUNICIPAL MANUAL. 
 
 When award 
 to become 
 final. 
 
 hereby vested in the saicl board of commissioners until tl 
 said roads are either purchased by such county, city, or tow 
 or until the expiration, of one year as aforesaid, after t[ 
 valuation has been made of, or price agreed upon forthesai 
 roads ; and in the event of the same being purclinsed l)vtlj 
 county, city, or town council thereafter, the same ])o\vei 
 or rights are hereby vested in the said county, city, or tow- 
 council from tinio to time subject to the provisions of till 
 Act; and in aj)plyii)g the provisions of the said Act wliij 
 the commissioners are acting, "the Board of Cdnuuissioners 
 shall be substituted for the " Crown" or the " Coininissioner 
 where either of the said words is used in tiie said Act' am 
 in case of a purchase by the council of such county, city o 
 town where the coun-cil of such county, city, or tinvn'an 
 acting, the purchasers by their corporate f>i' proper name' 
 shall be substi%ited for the said expressions. 
 
 20. Tlie award of the arbitrators shall becoino final and 
 absolute at the expiration of tliirty days from the tiliiio 
 thereof with the clerk of the coxmty council of said coimtv' 
 and notice to 'the warden and to the clerk of tlie ninniei'l 
 pality interested by registered letter or i)eisoiial dtliverv 
 unless appealed from, but the Court or a Judi^e may, under 
 special circumstances, allow an appeal after fourteen davs 
 
 award' ^'^'"" ^^' '^'^^^ appeal from the award referred to in the nexi 
 preceding section shall be to the High Court of Justice iinJ 
 may lie heard before and decided by a Judge sittini)- in ('ouri 
 ;\nd the practice to be observed upon any su(di .ijmeal sliajj 
 l)e the practice now observed in ap])eals from tlie .\lasrer,aiii 
 ,the Judge may, upon the appeal, either amend the said awari 
 in any way and to any extent that he may deem )iin|ier, ( 
 refer the same liack to the board of arbitrators for amend 
 
 who, under this Act, can lawfully convey the lands or propertv, 
 agree for tlie compensation to be made in the case, witli the saii 
 effect as if it liad been paiil into Court :uider this Act; savin;,' alwaij 
 (.h'3 rights of any other party to such compensation niumy us again 
 the party receiving the same. 
 
 44. If a party entitled to compcnsntion as aforesaid i.s dissatisl 
 with the amount so paid by tlie Board or the corporation into Cod 
 IS aforesaid, the (piestion of the amount of conipciisatiim niayf 
 referred to the Board of Arbitrators, and proceedings tlimiiislu 
 J)o had according to this Act, and tlie Board or the coipuratinn i 
 pay the amount of any award thereon into Court as the onseiiiayl 
 and the Court shall make sudi order as to the same as if itlndl 
 2»aid iu aa compensation, as hereinbefore rneutioned. 
 
„mClPM^ MANUAL. l«-^'9. 
 
 , ,1 of commissioners until the 
 \ ^"^ bv such county, city, ov town, 
 •clvAsed by sucn ^^^^^.^^.^i^, after tV,^ 
 
 e of, or V'^^'l^^.^ purchased ;,y the 
 bof tbesa.nej)ei;n^ same imets 
 
 :i *-lipve<iftev, 
 Tu„ the said county, cty, „, ta, 
 *''iecttotUev-~»oi,k,l 
 
 nie anlijeov .•" , t\iosiiW Act»We 
 
 5 *!«= ''ITS Bon-a of C'o,.,.m>,iW; 
 acting, ^'"' „ _^i,e " Coiuuussioner" 
 ■'r'T:ru"ed>nthesal,.Ac,,;,..al 
 ,k1 wovds IS u ^^^^,, ^„„„ty, „ty, »r 
 
 ^*? Teh co«»ty, city, o,.t™,,.„ 
 
 , • f^vcs shall \.ocmne hnal andl 
 the ^^-^^^J^XW^^ays fvotn the tiluJ 
 
 pivation ot t^^ / ;,cil of said countvj 
 vk of the counts jou^^^^^^^^.^, 
 
 warden ami w ^^_ ^^ ptMSOhiil ckliverv^ 
 y registered i»^ j^^^^ ,,, . „„y 
 
 h ^"^ '^'' ^!p .ealat'ter iourtccu -lays ' 
 ns allow an api^t^'" 
 
 the award referred to uukmj 
 
 f»'«"? T^Higb Court of Jusuc..ni 
 ^..ai be to the ti»g .^^. ,„ i.,,J 
 
 --^^'^^"'fu^on any -chapped J 
 bo observed ^^P°", .^j,,t'neMasuv,J 
 
 , "^'-'■^'^^'T:Kan^-^^^--^^J 
 tnthe;Mn^«f'^ ; l^e may dee.u laover.c 
 J any oxten that n . J^.^,,,, f ,,. ,n«nd| 
 Ivok to the boaidm^^^ 
 
 -—"^ ""TTfhe'laHds or property,) 
 
 ^,i the amo.u^o^-J,,,,tW.s 
 
 Icstion 
 
 
 miyi 
 ■.jsifitlndk 
 
 23 1 PURCHASE OP TOLL ROADS. 1 OQl 
 
 ment, in whole or in y)art, with such directions as to law or 
 i foct as he may deem proper, or he may confirm the same. 
 
 o 
 
 22.- -(1) ^^^^^ *^^® commissioners shall have reported their Powertoboi-. 
 proceedmgs, as provided under section 11 of this Act, the fo^^rchase 
 [ ounty, city, or town council may, iu the manner provided for °' '°*'*' 
 1 11 The Municipal Act, pass a by-law for borrowing the 
 amount required to i)urchase the said roads, in accordunce 
 •ith the Siiid report, by the issue of debentures of the muni- 
 fcii'idity, payable iii not more than twenty years, and bearing 
 terest at a rate not exceeding six i)er cent. ])er annum, and 
 irovide for the jmyment in each year during the term of such 
 L-law of an amount sufficient to meet the annual payments 
 bi principal and interest as the same may fall due. 
 
 I (2) If the county council deem it expedient they may 
 
 Vovide by such by-law for raising any amount required to 
 
 aviind may pay to any municipality or municipalities which 
 
 re not materially or only slightly benefited by the purchase 
 
 the road or roads, such a sum, by way of bonus, as may 
 
 > deemed a fair or partial equivalent for the amount which 
 
 tch municipality will be required to i>ay towards the said 
 
 Bichase or any part thereof. 
 
 W3) Such by-law shall be submitted to the ratepayers of 
 , dity^ town or county afiected by the same. 
 
 b?^ In the alternative, where the roads to be purchased Aitemativo 
 
 taken are situeite in but one or in a small number ot the be udopied 
 
 iiiicipalitics of the county, or wliere some of the muni- 
 
 lities are not, in the opinion of the county council, 
 
 rested in the roads, or in the abolition of the tolls, the 
 
 missioners, if 'equired by resolution or by-law of the 
 
 intv council, may, in addition to all other tuatters herein- 
 
 le mentioned, report whether, in their opinion, the 
 
 w of the county council should be a .'■ectional by-law, 
 
 aiiilied to such of the nmnicipalities as, in the opiiuon 
 
 e commissioners, should pay for the roads. In such case 
 
 bv-law of the council for raising or providing money for 
 
 urchase next hereinafter mentioned may, if the council 
 
 proper, name the municipalities which shall be liable 
 
 ipay to tlie county rhe amount paid for the purchase of 
 
 ids or abolition of tolls as aforesaid, and may also fix 
 
 imount for which each such munici|)ality shall be liable. 
 
 iopting a by-law under this section the council may have 
 
 151 
 
 •■ . - 1, ■ I 
 
 i? :. ;t- 
 
 
 mw 
 
 •-■1 
 
 t' j' 
 
 ^^r-'" 
 
 
 pi' 
 
1202 
 
 THE MUNTCIPAL MANUAL. 
 
 !: 
 
 Power to 
 borrow 
 amount 
 requirnd for 
 purnhane of 
 road. 
 
 [»■ 23, 
 
 regard to sub-section 2 of section 22 and may, if they thi I 
 proper, apply its provisions thereto. 
 
 24 — (1) The county council may thereafter, under thenr 
 isions of The Municipal Act, pass a by-law for borrow^ 
 
 Statement to 
 bb furniahed 
 to munini- 
 pality by 
 county clork. 
 
 Towino 
 the amount required in accordance with the said report h' 
 the issue of debentures of the county, payable in not mn 
 than twenty years, and bearing interest at a rate not exceed 
 ing six per cent, per annum, and providing for tie payment 
 each year during the term of such by-law, by the niuni ' 
 palities interested and in the proportions named in tl ^ 
 by-law, an amount sufficient to meet the annual payments fl 
 principal and interest as the same may fall due. 
 
 (2) Such by-law shall be submitted for the vote of tl« 
 ratepayers of the said interested municipality. 
 
 25. The county clerk shall, on or before the 31st dav 
 December in each year, send to the clerk of each municipalid 
 interested, a written statement of the amount to be leviJ 
 during the ensuing year by such municipality foi- the nmnoa 
 of providing the amount necessary to meet the said aiiiid 
 payments of i)rincipal and interest, and the council of saii 
 municipality shall levy such amount accordingly, 
 
 26. When a road extends from one county into an at'ioii 
 ing county, and the owner of such road desires to aband] 
 the sanie, but the municipality or municijialities in which tU 
 road is situated refuse to consent to such abandonment, tj 
 the terms of abandonment shall be determined by arbitrati] 
 in the manner provided in section 10 of this Act. 
 
 SisioneTr' 27. The said commissioners shall respectively be entid 
 to be paid by the corporation of such comity, city, or towJ 
 reasonable amount for their services and exj)eiises, 
 arbitrators shall be entitled to be paid in accoidance wJ 
 the scale and schedules of fees appended to Tltc Act rmuii 
 Arbitrations and References, chapter 53 of the Revij 
 Statutes of Ontario, 1887. 
 
 Tollii on 
 roads btv 
 Ionising 10 
 citiei and 
 towns to be 
 aboliHhed on 
 ruiiiOTal (if 
 tolls Irnm 
 roads ptir- 
 chiised by 
 count iu. 
 
 Abandon- 
 ment of 
 roads. 
 
 28. On the completion of the purchase of the 
 any county, in all municipalities other than cities and to' 
 and upon the removal of tolls therefrom all tolls shall 
 removed from the roads owned by any city or town wii 
 such county within the limits of such city or town, U| 
 the removal of the tolls from any road under t'"*s Act, 
 
 I . ; 
 

 UNTCIPXL MANUAL. [^-IX 
 
 ' section 22 and may, i* they i\^A 
 
 ,ns thereto. 
 
 r.A\ may thereafter, under tliepro.« y ^^ays, 
 ouncU may bY-law for bovrowm"^ ^ 
 rtJ Act, P'*«^_^,, %up said reDortAv 
 
 1 MUNICIPAL AMENDMENT ACT. 
 
 esponsibility of thereafter maintaining and keeping the same 
 in repair shall rest upon the local or minor municipalities 
 througli which the same pass, as in the case of ordinary 
 
 1203 
 
 accordance 
 
 with the said report, by] 
 
 not motel 
 not exceed-i 
 
 .Tae county, payable in 
 * •„ interest at a rate n 
 
 ^"'''Td providi^ for the paymeni 
 ,^um, and P ^ ^^ ,^^^ ^^^^. . 
 
 T'^ The pvopo'tions named in tk, 
 
 t fo nieet the annual payments ol 
 icient to mee 
 as the same may xa 
 
 U be submitted for the vote of th, 
 fterest'dmunicipaUty. 
 
 , v.ll on ov before the 3ht day 
 erk shall, o ^^ ^^^^^^ municipalitj 
 
 ,r, sena to the c ^^^^^^^ ^^ ^^^ ^^^.^ 
 
 ^'"''"''?1 municipality £ov the pur,« 
 Usary to meet the saul amJ 
 uterest, a-d the council of sai| 
 
 vy such amount 
 
 ear V,y such mumcxpahty 
 
 'l and'iuteTest, and the ecu, 
 '^^ '"'"'^.u -^muit accordu)gly 
 
 00 Where the ioad lies partly within two municipalities, ^°^* o^ 
 and that portion only which lies within one of the munici- toiu on 
 palitics is purchased, leaving less than five miles in the p^J^^^^'^'* 
 idioining municipality, the sai i arbitrators may fix a rate 
 of toil that may be taken for such unsold portion, and in 
 determining such rate of toll they shall have and exercise 
 tbo powers granted to county councils under section 88 of 
 fk General Road C<yir/panx€*' Act. 
 
 30. If tte counoj' council deem it expedient, they may Allowance 
 Drovide by the by-law for the purchase of the roads or bycaind'i"or 
 /jnv other by-law that the county shall annually, during a '."JJlf^*"" 
 Iterm of years to be named in the said by-law, contribute road*. 
 
 ch sum as they may determine for the purpose of assisting 
 
 keeping up and maintaining any road or roads. 
 
 anion 
 
 J from one county into an 
 extends from or ^^. ^^^^.^.^^ ^^ ^^^^^^ 
 
 owner ot ^^^^^^^^i^ipalities in which tj 
 [unicipaUty o^ ^^ ^^^^^^ a\>andonrocnt,ty 
 
 '\'Trbe determined by arbitvati 
 
 ^*"''. ion 10 of this Act 
 ided in section ivJ 
 
 hall respectively be entitU 
 
 52 Vict. cap. 36. 
 The Municipal Amendment Act, 1889. 
 
 Unssioiiejs -^^^^^^ 
 7oTteU- "-'-vices and expenses, 
 
 services 
 
 .fV to be paid in accordance, 
 entitled to ne F j ^^^ A 
 
 ^ulesoffeesappei^dedto^ of the M 
 
 Assented to March 23, 1889. 
 
 rrR MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 
 Kits as follows : — 
 
 This Act shall come into force on the first day of Aug- Commeno*- 
 1889, except as to section 4, which shall come into force °"°*° ''*■ 
 Ithe 15th day of January, 1890, and section 41 hereof 
 Ich shall come into force on the passing hereof. 
 
 [iCids owned }>y ^^y ."I'^jXr ''i^B Sub-section 1 of section 16 of The Municipal Act is ;:«;-,st«»- ^ 
 
 of fees appended to i 
 Ueferences, chaptei 55 
 0/1887. 
 hpletion of the P^''^ j*^ -^^eg andtov, 
 
 *^ _._,! >^v anv cv 
 
 of the roads I 
 
 voaun v/"- - - , -^y or towi 
 
 nded by adding the following thereto :- 
 
 c. 184, i. 
 ^ub-s. 1, 
 amradvd. 
 
 V 
 
 ■Srll 
 ''HI 
 it.' I 
 
 
 i^ 
 
 ■i: 
 
 -v. 
 
1204 
 
 THE MUNICIPAL MANUAL. 
 
 i 
 
 *]) 
 
 [s. 2(a) 
 
 (a) The term " electors " in the preceding sub-secti 
 shall be hold to inchide all freeholders and leaseholdp 
 vvhoHe leiise extends over a term of not less than five yen 
 from the date when the said vote is taken, and wlm 
 names are entered on the last revised assessment roll of tl 
 said municipality. 
 
 m'8^24*''' ^- ^"'j-«t'<^tion 7 of section 24 of the said Act is amended 
 8ub-H.'7('5i by striking out the words "as hereinbefore provided"' 
 Amended! "■' ^^^^ ^'^^^ ^""' thereof, and substituting the words "on a day 
 
 to be named in the said proclamation or in any subsequeiti 
 
 proclamation." 
 
 T' m^s'^TT ^" Sub-section 1 of section 77 of the said Act is amende 
 subs' 1, ' by adding after the words •' clerk of the peace " in thl 
 amended, seventh line of the said sub-section the words "no \\\al 
 school trustee." "" 
 
 Kev. Stat. 5. Section 89 of the said Act is amended by striking on 
 
 amended. the words " the end of three moifths from " in the lOtliani 
 11th lines, and the words "and until such day the cliana 
 shall not go into effect" in the 12th and 13th lines of tli 
 said section. 
 
 Rev. Stat. c. 6. Chuise 2, of sub-section 8, of section 1G3 of tlie ajj 
 8\ih-H.'s, ' ^ct is amended by adding the following words theretj 
 amended, "but no word Or mark written or made, or omitted to 
 
 written or made by the deputy returning officer on u 
 
 [)aj)er shall avoid the same." 
 
 isYs^t*?*'' '^' S^'^tion 227 of tlie said Act is amended l)y addii 
 ameuiied! ' thereto the following words : "and in the event of no J 
 municipality having the greatest equalized assessment 
 consecjuence of two or more municipalities bein" &m\\i 
 equally, then the reeve, or, in his absence, the depiitv-ree] 
 of the municipality having the greatest number of luui 
 cipal voters entered on " ts last revised voters' list 
 such second or casting vote." 
 
 Rev. Stat. c. g- Tlie said seci<ion 227 of the said Act is furti 
 ameuded. ' ametidod by adding thereto the following as sub-sectioq 
 thereof : — « 
 
 (2) In counting the names of voters referred to i-i 
 section the name of the same j)erson shall not be coun 
 moie than otjce, whether the name of such per.son ;inp 
 upon the voters' lists only once or more than once, 
 

 'p ■' ■ li 
 
 ^.CIPAL MANUAL. l«. 2 (4 ^ 
 
 .. • the preceding su\)-secUcu| 
 '''* n freeholders and leaseholders 
 ^ . ^. of not less than iive years 
 ■^^'Tvoteis taken, and ^vW 
 'e last revised assessment roll oi tlw] 
 
 04 of the said Act is ameudeij 
 U - as heveinhefove provuled, la 
 <*^ ■• f, the words "ou a day 
 
 ection 
 
 )V 
 
 •■ -7 of thP saW ■'^'=' '* ™™H 
 ^«*?" .'. clerk of the peace" in tlJ 
 
 of tl"-f ■"°'Sl s«eU Jay Ito * 
 
 ov oniilted tol 
 on H ball! 
 
 ,. Q of section 163 of the J 
 
 ' f Hpr or wade, 01 
 tlte deputy retuinin« 
 ,e same." 
 
 M Act is amended In; i»dd 
 « ^^^^f.^'Wiutheeventoino, 
 r- T""' vpatest equalized assessmen 
 k the ^^•'^^^"f^ieipalities bemg ecplJ 
 or more ^^/^"'^^^.^nce, the deputy-ree 
 
 H^^'"' ^;U gttest \uu>^^^^^ 
 n^^'^'-;i\v revised voters hBtsklU 
 
 Id on tb la^^^ 
 
 un<^ vote. 
 
 .,1 MUNICIPAL AMENDMENT ACT. 1205 • 
 
 Q Section 255 of the said Act is amended by adding ''«*'• st»t. 0. 
 uJr the word » cities," in the first line thereof, the words afnendedf* 
 
 1" and towns." 
 
 10 Section 259 of ih.Q said Act is repealed, and the fol-Rev- stat. c. 
 Ilowing is substituted therefor :~ iefc^ieS"* 
 
 1)59^(1) The council of the corporation of the city of '^''PO'"*- 
 It rnnto shall appoint two auditors, who shall hold office alTdltoM for 
 
 V 1 .,,..0 Toronto. 
 
 m\ rfiie treasurer shall prepare in duplicate, not later Report of 
 
 n the tirst day of April in each year, an abstract of the *"'*'^°"- 
 
 ^eipts and expenditure of the city for the year ending on 
 
 *e 31st of December preceding, and of the assets and 
 
 bilities thereof at that date, and shall submit the same 
 
 tlie auditors for examination. The auditors shall audit 
 
 ti'q abstract with the treasurer's Vjooks, and shall make a 
 
 Lit on all accounts audited by them, and a special report 
 
 to any expenditure made contrary to law ; and on or 
 
 j. jiJe first day of May shall transmit one copy of the 
 
 I abstract with their repoi't thereon to the secretary of 
 Bureau of Industries, Toronto, and tile the other in the 
 p of the cierk of the council ; and thereafter any indi- 
 iil or ratepayer of the nuinicipality may inspect the 
 \ nt all reasonable hours, and may, by himself or his 
 
 lent at his own expense take a copy thereof or extracts 
 
 fcvefiom. 
 
 II Sub-section 2 of section 263 of the said Act is Rev. stat. c. 
 lended by inserting after the word "abstract," in the Jutp.' 2^^' 
 lenth line of the said sub-section, the words " and detailed am«.ided. 
 
 iiient in such form as they have been submitted to the 
 
 oil." 
 
 l2. Sub-section 2 of section 340 of the said Act is upv. stat. 0. 
 fcnded by inserting after the words " gas or water works," ^^^ ,f 'g!**^' 
 
 Act is {urtl 
 the following as sub-sectlo 
 
 007 of the said 
 
 ICwiOU --■ 
 
 Icr thereto 
 
 f voters referred to i'l 
 the names o v ^^^^^ ^^^^ ,^^ ^„,^ 
 
 ^f the same P^^^f . ^^,x^ person a]?? 
 .bether the uaine of ^^^^^^^^^^^ 
 
 lists only once oi moi - 
 
 they occur in the said sub-section, the words "or rail- amended. 
 
 Sub-section 1 of section 342 of the said Act is f.^-^^^^^g «• 
 ided by inserting after the words " gas or water sub's." 1 "' 
 k" where they occur in the said sub-section, the words a^nei'^ed. 
 
 [railways," 
 
 . Section 390 of the said Act is amended by inserting He^-^stHt^- c. 
 t tlie word " situate," in the eleventh line thereof, the ameuded. ' 
 
 "may." 
 
 ■ \\ ll:. -M 
 
 ■^- \\k 
 
 it.- 
 
1206 
 
 THE MUNICIPAL MANUAL. 
 
 [»• 16., 
 
 15- Section 392 of the aaid Act is repealed and the 
 
 fol. 
 
 in 
 
 Rev. Stat c 
 
 repealed. ' lowing substituted therefor : 
 
 ProTiiion if 392. lu any such arbitration, if after service unnn it 
 
 owner of pro- • i? • i. i. j . "t"JU loe 
 
 p»rty r«f u«ei owner or occui)ier of or any person interested in the pro 
 ^rbulStor " ®^*y °^ ^ ^'^Py °* *^® by-law (certified to be a true cobv 
 under the hand of the clerk of the council) together with 
 notice in writing of the appointment of an arbitrator on bo* 
 half of the corporation, such owner, occupier or perm 
 interested does not within twenty-one days appoint an arh" 
 trator on his behalf and give notice thereof to the said cou 
 cil, the corporation may (except in the case provided for 
 section 393) apply to the Judge of the Oounty Court of th 
 county in which the municipality lies to appoint as arbitr 
 tor on behalf of such owner, occupier or person interested 
 the property as provided in section 394. 
 
 Rer. Stat. e. 16. Section 436 of the said Act is amended by addinj 
 imendelT' thereto the following sub-section : — ' 
 
 (4) The board of commissioners of police and the council 
 of any city in which there is no board of commissioner 
 police may pa.ss by-laws defining areas or districts anJ 
 localities in the city within the limits of which no liven 
 stable, boarding or other stables shall hereafter be establisha 
 ill whicli horses are to be kept for hire or express purposa 
 
 187"«*^4W ''' ^"^^ ?6^*^^o^ ^^^ °^ *^^® "^^^ ^^S ^ an>ended by 
 
 amended. ' Municipal Amendment Act, 1888, is further amended 
 
 adding thereto, the following sub-section : — 
 
 m 
 
 LivHry 
 ■table*. 
 
 Mainten 
 ance of 
 
 (6) The council may provide by by-law that each loo. 
 pii'ienti Bent municipality within the county shall be required to pay 3 
 munid- ^'^^ maintenance and support of each person sent by orfn 
 paiitien to guch local municipality to the House of Refuge, and recei' 
 Refuge. therein, a sum not exceeding at the rate of one dollar 
 fifty cents per week. 
 
 Rer. Stat. c. 
 184, s 469, 
 amended. 
 
 Purchase of 
 landa and 
 erection of 
 buildingN for 
 rounicipai 
 and judicial 
 purpose!. 
 
 18. Section 469 of The Municipal Act, is amended 
 adding thereto, the following sub-section : — 
 
 (2) It shall be lawful for the council of any county) 
 the council of any city or town situate in such county, 
 separated therefrom for municipal purposes, to enter id 
 any agreement, 
 
 (a) For the purchase or acquisition of land within 
 county town for the purpose of erecting thereon buildiJ 
 
 --:^. 
 
 "''^^. 
 
\4 hr-r 
 
 aaid Act is repealed and the W- 
 
 i.- « if after service upon the 
 ^' .«on interested in tbe prop- , 
 '^y ^^.rtified to be a true copy 
 Ynf^thf council) together .itfa' 
 
 ''^ • ntment of an arbitrator on W 
 appomtment^^^ occupier or perwu^ 
 
 '• ^?wentY-one days appoint an arbv 
 
 ' ^Ttl of the County Court of tW 
 
 ^® . • oHtv lies to appoint as avbitn 
 
 unicipa»^J^ . ^ or person interested in 
 
 raTn'section 394. 
 the said Act is amended hy adding 
 sub-section : 
 
 • -^^^ra of police and the couucJ 
 °"'°'''t no board of commisB-n-J 
 
 Afinins areas or disti 
 within the litnits 
 
 • entice thereof to the said coun-l 
 g,ve notice ^^^ ^^^^ ^^^^.^^^ ^^^ ^ 
 
 '^. ^e f-hft County Court of tbes 
 
 'u^^t no board of commissionei.. 
 *^^'%!finLK areas or districts an 
 
 r'^'wes shall bereaf ter be establish 
 be kept for bire or express puvposi 
 'A Art as amended by ] 
 
 °^ '^^ 7^85 is further amended 
 cut Act, looo, " 
 IWnK sub-section •.- 
 
 ae bv by-law that each lo« 
 
 ay P^'^'^i; .hall be required topayfl 
 thecountysball l^^^^^y^^jj 
 
 t ^"Ttbe Houte of Refuge, an rece™ 
 taigattberateofonedolWa^ 
 
 ■,, r/.eKnnici,a? AcMs amended ' 
 following .ub-sectxon:- 
 J .1 for the council of aiiycouny, 
 
 on MUNICIPAL AMENDMENT ACT. 1207 
 
 for the use of such county and city or town, for municipal 
 jnd judicial purposes J 
 
 lb) And for the erection, maintenance, use, manHgement, 
 land control of such buildings ; 
 
 (c) And for fixing or ascertaining the amount which each 
 I municipality shall pay or contribute for the purposes afore- 
 
 liaid; 
 
 Id) And for the subsequent disposition of such land and 
 IbuildingS) and of any insurance or other moneys that may 
 Ibe received in respect thereof ; 
 
 And to acquire such land as may be necessary for the 
 lirection thereon of such buildings ; 
 And to pass all such by-laws as may from time to time be 
 eceRsary for the purchasing of such land, and the carrying 
 tut of any such agreement. 
 
 19. Sub-section 9, of section 479 of the said Act is ^*4-,^^"*g "• 
 mended by adding after the word " municipality " in the sub'.*.' o' ' 
 vth line thereof, the following words : " or for the purpose *'"«"<ie<*- 
 I aiding any regularly organized rifle association; or for Aid to riiie 
 lading to the' sum paid, during the period of annual or other and mmtil.' 
 Lthorized drill, or when on active service, to any enlisted 
 Lember or members of any corps of Active Militia organized 
 Hthin such municipality ; or for the purpose of military 
 Lttit or equipment of the members of such corps ; or for 
 itling in the establishment or maintenance of a band of 
 
 120. Sub-section 1 of section 480 of the said Act is amended Re^. stut. c, 
 htrikintr out of the second line thereof the words " withiuWi, ' 
 water-works or water company," and by adding at the *'"*'"'*''• 
 Uhereof the following : — " Every municipal council shall 
 [like manner have power to contract for a supply of gas or Khr*" 
 \f\r\c litrht for street lighting and other public uses for any ""pp'J' »' 
 piber of years not m the nrst instance exceeding ten, and trie light. 
 [renewing such contract from time to time for such period 
 I exceeding ten years, as the council may desire." 
 
 k Section 487 of the said Act is amended by adding to f84%|^*48t- * 
 Isection 1 thereof the following words : — sub.8."i, 
 
 1 amuiided. 
 
 [Provided that in cities having a population of 100,000 j,^^g„ ^j,^^ 
 or over, the limitation of the above provision to mHy be iffer- 
 claims not exceednig $1,000 shall not apply, and ^'bitra'ton* 
 
 ' I 
 
 '■ , r 
 
 J 
 
 m 
 
 I ) 
 
 i .1 
 
1208 
 
 THE MUMCIPAI^ MANUAL. 
 
 [8. 21. 
 
 Appoint- 
 ment of 
 viiUiul"'"*' In 
 
 .. -OlU I 
 
 iriitor. 
 
 a HOiu urbl- 
 
 „ 1 • u ..f tho ohuractof aforoaiiid may, at the 
 all cLnins "^^ ; i„t.r.sioa tluM-cnn, 1,., settled 
 
 "^'\''roto •iS.n.V the award of a sole arl.iivator 
 j,nd aet« UH^. by ai.y Ju.lge of tlu, Court of 
 
 ' , Xv nteroHlcd, and upou notice, a. luueiu pro- 
 ?U to thoothor parties _ 
 
 , . ^ ;» «,u.h citii'H ill lieu of appoiutiii- a sole 
 
 Provided that u snh ^^' i,, cases .lu.o the 
 
 arbitrator the^^J^ua^^^^ j^^^^ ^^^^^^^^ ^^^ ^^^^ ^_^^ 
 
 sole qvujs u ^^^^ ^^^^^^^^^ ,,,,p„iut one or ,„o,e 
 
 ^,orty t'*'^^'"'.''',,,. risers, who shMl (let,>nnine tl,o 
 
 auiovmt ot ^^j* 1 ^^ on vi.^w of the loc.litv, 
 
 claimant or -l'^^^' ' ,,,^ ,uiU and knowl.M . 
 
 and according to ty^ 
 
 without neaiiiip, ■ 
 
 .) f the suiil section is amended l)y i^dd-l 
 
 Kov. Stat. c. (2) Sub-section - ot • ^^^^^^, j,, „., Ut.t Hue thoreof^ 
 
 184. s. 487, ;.,,r utter the wout«, si.. i 
 
 Kub-s.-, "'o i„„t<»r or appraisei. 
 
 by aaain„ ^^^^^ valuator or apiuMisor, i 
 
 (4) The fees to be P; . , ,,^,U l,o deleruun.Hl 1 
 
 ^ ^ valuators or .'M>P"; *^ ^f ,He Sapreine ('ou« 
 
 ,1 M.i«tpv in tnani'"'" i r j 
 
 trator or "^ ^ • appointed as heroin provn 
 
 praise;- or 'M>1'^^^^^ ^"^X ,^„a shall be bo.nes 
 Siall be upon ^ ^^^, ^s the said M. 
 
 . f .,rl,itrators, valuators, or appn 
 (6) Theappointme.n of a^bt ^^;^^^^,^. ^^^.^j^,^, 39,^ 3 
 
 ^^ ers u-^^f ;,f;^ "t; let, shall not be deemed t 
 393 and 304 of this i^ ,^^,^. ^^^ ^^^^ , 
 
 an admission ot any ^ ^^^^ ^,,^ o,,ject,on8 s^ 
 brought. 
 
 heesof valu- 
 ntorH or ap- 
 piaiBors. 
 
 CoHtB of 
 awards. 
 
 Appoint- 
 mentofaibi- 
 trators, etc., 
 not to be 
 deemed an 
 admiwion of 
 the corpora- 
 tion's 
 liability. 
 
 ^*^if&c.; 
 
 ^^^^. 
 
ICIPAI. MANUAL- l«- '-^• 
 
 nav^y "»^* , { n, sole, arl.itviitov 
 N>y t^'^ '^^';'!:^^' of Uu«, (Vurt of 
 (I V)y '^^^y ^»o ar\>Uciitu.n of any 
 
 involves • ,,,>Ti,,"iut t>iu' or iiu>reL 
 0' t" '."■ "*2, 'I«H .l">"™""" "» 
 
 ''^"'""tvvr o^vn -^^i^^ '^"^^ U-u)^vl.a: J 
 
 ,t Uie ^f^] ^. „ i,^the Vast hue tkveoj 
 . so\*5 a>\>»tvat()» 
 
 . " 
 
 f ^^^' ''' nm'ulHtlon of 100,000 ovove 
 '"''^ \ t\u- valuator ov apF'User J 
 
 ,^,:r Jor'^i^t'lo upon the appUc J 
 •t'y^"^^^'"^'!''*\. section 488, the CO J 
 I u.ulo, ^^^'XJtoV or valuators, ov J 
 
 |u..u sua* ^^^''^.^ .i,.>, as the said Mb« 
 T u.u of ^^-;,.^;; ' >v ovacv (to be » 
 
 plicatvouot . ^,,\uatovs,ovAppri 
 
 leutofavl.Hva^-;j::,,,Uo;.3d 
 u. tins s»-«t^«^^'^\ all not boAoemedo^ 
 
 --•'r^lvly'^^^^^^^^^^'" 
 
 1 to either V^v^y 
 
 25 (A). 
 
 MUNICIPAL AMENDMFCNT AOT. 
 
 120^ 
 
 (7) Any arliilrator ai)[)()inte(l ui.din- this soctioii, or uiwlor C'"tt-'"t8 of 
 i\w soctioiiH horrinlHitbro imiiitioiiod, may and slmll "^^'"''' 
 attho rt'(|utist of (litlior |taity, in and hy Ids said 
 award, s|KH;ity soparatoly, ( 1 ) the amount of coni- 
 poiisation or daina^ds to whioli [,\\{> uluimant woidd 
 bo t'lititlcMJ, if tli«M-e was no sot oil on account of 
 (iny advantage dorived by tho claimant from the 
 work or imi)n)V('m('nt in (luostion, and (2) the 
 anuMint do(hiclt'(| from sucli compensation or diim- 
 iigo on acrcount of such advanlaj^o, and also whoth(?r 
 any, mid if any, how much of tiio said advantiif,'o 
 was direct, special and peculiar to tlu; properly of 
 tlio claimant. 
 
 OQ Section 4H',) of tho said Act is amended bv addinsf to '*''^- *^'"*' 
 Sill. section I the tollowing article : — sui,-.. i, 
 
 aiiii'iKK'd. 
 
 for 
 
 sti 
 
 /(•) All elc(;tion shall not be irr(>,L,'nlar or void or voidable, KUiiionnot 
 r the reason that a poliing sub-division is not or has not I "/if" s',',',','.'''" 
 i,m.n dividwd which contains more tiian 200 voters so lontr ivs"''^'"'"" **• 
 it dm'S not contain more than .iUO voters. aiviaea. 
 
 24. Section 4i)t) of the said Act is amended Viy adding j'j!'^- ^'';'; "• 
 tJH'icto, as |»ai-t of sill) section 10, tho following,': "For rei^u- iim.'iKU'a. ' 
 .(,i„;r tlic erection or occupation of dw(>llin,i,'s on narrow DwciiiiiKR 
 itieets, lanes or alleys, or in crowded or unsanitary districts." X," t"" '^ 
 
 Qfi Section 49G of the said Act is further ameiuhid bv ""'v.^tflt c. 
 a(l(liii,i,' tliereto tho toliowing suh-sections : — ani.-iuK-a. 
 
 (4;!) For apiiointing, employing and paying a night-watch- ■'^im"^'''*- 
 Iffiim or watcliiiioii, for th(^ purpose of patrolling at night or..i'-in- 
 Itetweeii certain hours of tho night, any street or streets or " ""'""""• 
 Isuch iioition or portions thereof within the muuicipjility as 
 Imav by s>>"'b by-law bo defined, and of guanling and protect- 
 Biii; the property, real and personal, within i he limits thereby 
 Betint'tl, 
 (rt) For levying by s[)ecial rate upon all the real property SpoHrI rate 
 ifitliiii the limits defined by the by-law, except vacant lots, 
 ill the expenses of or incidental to such emjiloyment of such 
 fcii'ht watcliinan or watchmen in the same manner and at the 
 Bmetiiiie as payment of the other rates or taxes within the 
 nuuicipality i« iniforced ; 
 
 (/i) No such by-law shall be passed exce])t upon petition P^tjiio" by 
 terefor by two-tliirds of the freeholders and householders ""''^ 
 
 152 ' . 
 
 M ' ' 
 
 i 111 
 
 1. il' i 
 
 ■■:JV;; 
 
 r. 
 
1210 
 
 I'rcof of 
 ■ignaturefi. 
 
 Mablltty of 
 tenant. 
 
 61 V. <; 28. c. 
 '24, ftuiendud 
 
 RdT. Stat, c, 
 184, «. 510, 
 amended. 
 
 l-ivery 
 8tableii. 
 
 Ilov. Stat. c. 
 184.1. 636, 
 AMiendud. 
 
 THE MUNICIPAL MANUAL. [s. 21) {},) 
 
 who, U))on the paasiii}^ tlmroof, would beconio lial)|(> to 1,,, 
 rliurgod with t\m expense.-* to bo incurred thertMuidor, and wlm 
 represent as vahio at leiiHt, two-thir<ls of the iiHsesHcd real pi-n. 
 purty tlierewii liable to be eliar^ed with such e.xpen.se.s ; 
 
 (c) No such petition hIiiiU \w reeeived or acted un hy tli,. 
 council unless, and until all tiie si<^natures tluM-eon arc piovcd 
 l)y the athdavit of a reliable and competent witness to ||,. jj,™ 
 ;;enuine si'iiiaturt^s of the persons who.s(! Hiyimtnrcs tlicv 
 j)urport to be, lU.d that the contJMits thereof w^'\^^) made kii(i«n 
 lo each person signing the sanu* before signntun; ; 
 
 (d) As between the landlord and tenant of ]>reinis(\s com- 
 prised within the Hunts defiiutd '(>•• said by-],M\v, tin. tciijint 
 shall be liable for the expenses to be levied tlirrcnndir for 
 the period or time of liis occujtation, unlcs.s tlicre is an ('.viiicsij 
 agreement to the contrrary. 
 
 26. Section 2-4 of The Mnnicipal Amendmciif Act, /,s'V,V 
 i.s amended by striking out the words " having a |iojiiiliitiiiii 
 in excess of fifty thou.^and," which occur at tlic end nf tJie 
 third and the beginning of the fourth lincis tlicicdf, and bvi 
 lidding the words "or town" in)mediatcly after tin; word I 
 " city" in the tliird line thereof. 
 
 27- Section HIO of 'Tfic Aliaticijjat Act is anaMidcd bvj 
 adding at the end thereof the words "and for dcliidii" li)c;il[.| 
 ties or districts within the limits of which no livciyur \m\i\ 
 irig stal)le shall hereafter be established." 
 
 28- Section r)35 of the said Act is amended by addiiio tlid 
 following thereto as sub-section 5 : — 
 
 (5) Notwithstanding anything contained in sootioiis 531 
 and Uli^) and sub-secHons thereof, tlic couiH'ilol 
 any county may, by by-law, provide that w|ier( 
 the Avords " river.s, lakes, and ponds" arc men 
 tioned in those sections and sub-sections ;is aiinli 
 ing to the erection and innintcnani'c of luidnej 
 over such river.s, lakes, and ponds, wlicie siid 
 rivers, lakes, and ponds cross any liouiKlaivliq 
 between two municipalities within siicli coiinti 
 they or either of them shall not iiu-liide oi cxtei^ 
 , to any river, lake, or pond less tiian eighty feet j 
 
 width. 
 
 (a) In the event of the council of any c!)uiily p.i.s,-iJ 
 such by- law, then in such case the councils of 
 
 -''■^ti 
 
ouU\ become Vwhh to U 
 
 ., 31 (3).] 
 
 roof, w 
 
 (1)0 
 
 t .a. of tbo aHses...l r.a\ pro- 
 !;!iwithHUchexv.ns.s; 
 
 TT vocoivcnl or actr.l on \.y the 
 ' '^'" ^'" uu out Nvituoss to W tlu> 
 
 imU- kuiiwu 
 
 
 pe 
 
 UHt'H 
 
 aeUue«\ tv- ^'^'^l 
 .« to V)e w 
 
 ' till' 
 bv 
 
 be Iovu'aI tluMVUll.U'V, l.M' 
 
 >. press 
 
 ■as 
 
 out t\u' ^vo^•^L■• , ^,„i ot 
 
 ,r town 
 e tkeveof. 
 
 inunc' 
 
 E 7V, 
 
 • ../ Act is !»iuimu1(h\ iw 
 y or lioaid 
 
 coutainf"'^ iusooiions53!i 
 
 MUNICIPAL AMKNDMKNT ACT. 
 
 I 'ill 
 
 minor iHunicipuliticHboidorinj? upon Huch boundary 
 lino shall^orect and nmintain all bridges acrosH 
 streams of a loss width than oijrhty foot ovor all 
 HUch rivers, lakes and ponds crossing such boundary 
 line. 
 
 29. Section 645 of *tho said Act is amended by inserting k«'v. stut. o. 
 Jter the word council." in the first line tljereof, the words, l^tldti^' 
 "except the council of a city or town." 
 
 30. Section 550 of the said Act is amended by adding the"">- ^^»*- «• 
 iollowing sub-section thereto :— am^ndou"' 
 
 -• K. I' Mi\(l Tor n> "■ 
 
 ,,„„,aiaAct«a,n.nao.n>yaa,l,„s.l. 
 lub-section 5 : 
 
 "nvevs, lakes y,.^,,tious us ;# 
 
 erection and na ^^.j^^,^,^^ 
 
 vivers, lak.'S and I ^^^^^^^^^^^^^.^.^ . 
 
 les, and V^^l^J^^^rllt Ju such co^ 
 kvo 
 
 .berottbemsba^l ot ^^^^^ .^^^^^.^^^^^^ 
 
 lake, or po' 
 
 of the council «^; '^J^^ . ^..,,,,iis of 
 
 iw, 
 
 tlien in su 
 
 any 
 
 county Y^m 
 eh case t\u« council 
 
 ('2rt) For .straightening, deepening, wi<lening, or diverting f*traiKhten- 
 ly liver, creek, or stroaiu, for the purpcse of preventing the 'tiTara^aan- 
 noodiiig, undermining, or carrying away of any land, or for f,^;j;j"^^*°^, 
 nrcvcutinj,' injury to any highway, l)ridge, or other .structure ""'""•'' *' 
 by the ilow of the waters of any such river, cnu^k, or stream, 
 I subject to all the provisions of this Act res|)ecting compensa- 
 tion for lands taken or injured, but nothing hennn shall 
 authorize the interference with any mill site or water privi- 
 lj„e on any such river, creek or stream. 
 
 21, Section 555 of the said Act is amended by adding "^'')'-^'»*-«. 
 
 Ithereto the following sub-section : — iiiu«nded. ' 
 
 (3) Wlieucver a public street, S(puire, or drive forms the J"|^g „*■ 
 boundary between any two or more municipalities, htreeu be- 
 (although such street, .s(piare, or drive is wholly uTunic',m?|. 
 within the limits of one of such municipalities or "«8- 
 partly in each), the councils of such municipalities * 
 
 may make and enter into any agreements and pass 
 any by-laws ])roper and necessary to provide for 
 the construction and maintenance of any one or 
 more of the street improvements or works, and the 
 performance of any one or more of the street 
 services for which provision is made in this x'lCt in * 
 
 sections 612 to 629, both inclusive, and every such 
 council may pass by-laws for ascertaining, deter- 
 mining and laising so much of the cost of any such 
 work, imj)rovement or service as is to be borne by 
 the municipality generally, and for determining 
 the proportion thereof to be assessed and levied 
 upon the real property benefited thereby, and for 
 assessing and levying upon the real property so 
 benefited and situate within its jurisdiction, and 
 
 } i! Bll* 
 
 
 
 !■' ' I 
 
 
 I 
 
 ! •■.!■' 
 
1212 
 
 TIIK MUNiril'AL MANUAL. (r, 3j .. 
 
 for oollocrtin;.? tlio inoportioii or Hliaro of tho cost f 
 any hucIi iinprovenHMit, work oi^HJM-vico doi,,. ^. < 
 any hucIi n^oc'cnient hy tho niuiiici|iiilitv in tl . 
 Haiiie niiiniior and with th(f lil<(t '•'"'•'•lifs iw if tl > 
 iniprovonu'nt had Itecu niado or woik in,,! | 
 dono or him-vIco had been v«'i"ler<ii(l u|)(,|| ,„. : 
 Btreet within tiio municipality and as if tlic « t 
 thereof was asscsHahloupon real pi'opfity, (lic^vl i 
 
 of which waM Hituuto in tlie same niunic 
 
 ipaluy. 
 
 Rev. Stnt.c. 
 184, «. 680, 
 •menclud. 
 
 Rev. Stat. c. 
 
 184, n. ftH'J, 
 tmcniled. 
 
 32. Section HHO of the Hiiid Act is aniendcd l,y .^,\^y^ 
 thereto tho t'ollowinjLj : " and such council sliiill Ijold the ( '(mtf 
 of Revision provided for by sub-,section 10 of scotiou jtl!) .' 
 this Act." "' 
 
 33. Section /582 of tho said Act is amended liy addinj 
 thereto the following;: — "J>ut notliini,' in this Act shall h! 
 construed to give authority to such arl)itrators to hold or at 
 as oi' [jerfornj' tho work of a Court of llevihion, as brovid 
 for by sub-t'cction 10 of section 50'J." 
 
 Rev. htiit. c. 
 184, s .'■i.s;!, 
 tnicndod. 
 
 RsT. Stut c. 
 184. B. 683. 
 lub-8. 2. 
 aiiK-ndcd. 
 ApplicatioiiH 
 to 8et iirLIo 
 notice to 
 muiii^-ipali- 
 tiefi to make 
 drainajru 
 repairs. 
 
 34. Section OHIJ of tho said Act is amended bv insoitiii? 
 after the word "completed" in the first line tlu; Wdrd! 
 " whether tlui woi k has been done undei- this Act or iiiiiler 
 any former or other Act respecting drainage works iind luea] 
 assessment therefor." 
 
 35. Section 583 of tho .said Act is fuitlier iinicndec 
 adding to sub-.section 2 thereof tho following aiticlcs,— 
 
 (a) Provided, nevertheles.s, that any mnnicipalitv, afj 
 receiving such notice, may within fourteen (ki 
 thereafter apply to the Judge of tlw (Vnintv CouJ 
 of the county within which the iniiniciiialitvj 
 situate to set aside the notice. Sucli applicatiJ 
 may be made upon four days' notic(3 to the pei\ 
 or persons who gave the notice; to the nainieij/alia 
 and th<i Judge shall, after hearint,' the parties aj 
 any witnesses that tnay be called or other evideni 
 adjudicate upon the questions in issue, eonlinni 
 notice or set it a.side, as to him .^linll seem proa 
 or order that the said work shall he done whollii 
 in part, and the costs of and concerning the s 
 motion shall be in the discretion of the Jiidi 
 except as hereinafter mentioned, and may be tai 
 upon the .County or Division Court scale, as 
 Judge may direct. 
 
 
;xrM. MANUAL- 
 
 \^B. %\ {;S). 
 
 37.] 
 
 MUNICIPAL AMKNDMENT ACT 
 
 1213 
 
 r^ion or H^aro of tlu- cost of 
 
 uont »y . . vtMn«'»h»'H iiH if Uio 
 
 ,a witl» tlu. ,vi.>k\>A.\ \«'.u 
 
 \uvd »>';»'!' ■;.. ,jn,\ us if tin- cost 
 
 • 1 A..tiH anuMuWa \.y a.Ww^ 
 ^Ue H^^^'^,^"' UH\ua\\ioiai\u>('oun 
 ' uuaHVicli couu . ^^^^.^^^^ _,^,j ^ . 
 
 . 1 Art is auuMiAca ^.y aA'Vmj! 
 ov\ty to »"^ * . i-evisiuu, as pvovvkdl 
 
 u of a ^'**^::^., ,. I 
 
 of secUon obJ- I 
 
 • 1 Act is anuMvio. \,y niscntd 
 
 ^»'^^^''''\ct >j;^^vaiu.;;eNVOvks.u.\kJ 
 
 I M \..t i« ««'"t^'^'^' ^^"^™'^"^^1 
 
 If the «'7,{;'{ol\oNviu.^avtic\.s:-- 
 
 T " . that anv umnicivaiuy, attJ 
 vovtheicBS, that .^.^^^.^^ ^..uvteeu aJ 
 isurU i^oUco, 7'LeoftUM'oumy oul 
 
 »unty ^^^' L^tioe. «ucl. avphcaj 
 
 L'ses that may '« -^^^^ ,,,e, continn j 
 '!. upon the qnes -«^^^ ,,,U seem l4 
 
 Ithat the said woi w ^^^^,,,^„„ tk j 
 
 La the .costs ota^^^^^^^^^^^ 
 
 H^''' ^L n.otionea,audmaybeU 
 ,hei-einafteinienc,uvt scale, as 
 ^.County or 1^1^ 
 lay direct. 
 
 (/,) Should tho J 11(1^0 tind lliut tlio notico to tlio council Coitn in cmm 
 wasKiveu^ maiitiiously, of vexutiouHJy, or witlumt^.tu"""'*' 
 any jiiHt causo, or to rt'inovn an ohstniction which, 
 under Hoction f)HK of this Act, it wan tli(> diity of 
 tiie ]KMS()n ^'iviiit,' th(> notice to rcniovo ho shall, 
 notwitliHtaudini,' anythini^ iHircinhcfoic contained, 
 order the costs to bo paid by tlm ptu'Hon giving 
 8\icli notice. 
 
 k) Any t;oHt« which the municipality may bo called upon *■'"'<■'' to 
 to pay, by reason of any pr()cee(liii','H in this amend- tlruni 
 
 I to be • 
 pay, ny reason oi any pr()cee(iiii','H ui tins amend- ti...Uii,*i" 
 nient mentioned, shall be a charge upon the lands'"""^"''"*- 
 bcnotited, and may bo levied and collected in the 
 same way as the cost or expense of kct^ping the 
 drain or ditch in repair are levied or collected. 
 
 /,n A niandamus against the municipality shall not be Motions (or 
 ^' moved for until aftiu- the lapse of fourteen days ""^'*""""- 
 from the date of service of the notice upon the 
 municipality in any case, nor while the motion is 
 iiemlini,' before the County Court .ludge, and there- 
 after only on ai» appeal in the next sub-section pro- 
 vided for. 
 
 i^ j^„y party to such proceedings may appeal to a Divi- Appeal, 
 sional Court of the High Court of Justice, from 
 the decisi(»n or judgment of the .Judge, upon the 
 application, and the proceedings in and about such 
 appeal shall bo the same as nearly as may be as upon 
 an appeal from tlie decision or judgment of a Judge 
 of the Comity Court under chapter 47 of the 
 Kevised Statutes of Ontario, 1887. 
 
 [upon any such appeal the Court may determine whether 
 I a mandamus shall issue or otherwise, and may 
 make such order as will do justice in the nuitter. 
 
 iNotbin" herein shall authorize aii appeal upon the mere 
 (jiiestiou of costs. 
 
 J6. Sub-soction 1 of section 580 of the said Act is amended "«'• ^*"'; ° 
 linseiting after the word " work " in the tifth line, thegub'-i.!'!, ' 
 ^(ls "whether the work has been doiu; under this Act or *"'*"'****• 
 
 ^r any former or other Act respecting drainage works 
 
 [local assessment therefor.'' 
 
 \l Section 590 of the said Act is amended by inserting {'//•g^*^- "• 
 ■ the word " lands " in the eighth line thereof, the words amended. ' 
 
 t ' 
 
 f! " 
 
1214 
 
 
 v';t ■' 
 
 
 Rov. Stat. 0. 
 184, 8. 013, 
 amende'.!. 
 
 Oonstiuotion 
 of draia8, 
 Ac, in con- 
 nection with 
 pavemonts 
 laid down as 
 local im- 
 proTP ucnts. 
 
 THE MUNICIPAL MANUAL. L 
 
 " and, in the case of a municipality, whether the lands inju 
 are the property of the municipality or not." 
 
 38. Section 613 of the said Act is amended by add 
 thereto the following sub-section : • 
 
 (3) In case the council of such municipality is about 
 construct, renew, or alter the character of a pa 
 ment upou any street or portion thereof as a lo 
 improvement, the council may, befoie layj 
 down such new pavement, put in all necess^ 
 private drain connections from any existinif di- 
 or sewer upon such street or portion thereof 
 the street line on each side of such drain 
 sewer, and may assess and levy the cost tlieif 
 upon the particular property benefited tliere 
 , as pai't of the cost of said local iniproveiuei 
 pursuant to the provisions of section 612 of tl 
 Act. 
 
 A'lwessment 
 for lx>ule- 
 vards, Stc. 
 
 39- Section 617 of the said Act is amended by addii 
 erei 
 
 (2) 
 
 Kev. Stat. c. 
 
 amended. ' thereto the following sub-section 
 
 •' Real property adjoining and fronting ui)on an 
 park, square, public drive or boulevard, shall li 
 specially asse.ssable for and in respect of inipiov 
 luents, works and services made, done or providt 
 upon cv in any such drive or boulevard in lii 
 manner as real pro[)erty fronting or abiittin 
 upon any public street, but where a public mrl 
 square, drive, or boulevard exists or may M 
 after be established, the lands adjoining if 
 exempt fi-om taxation, shall be asse.ssable only I 
 resiiectof such impi-ovements, works audservicj 
 to the extent to which such lands are special 
 benefited by such improvements, woiks and i 
 /ices ; and where the lands on one side ol si) 
 drive or boulevard are a puVdic park oi squiy 
 or for other reasons are exempt from taxationj 
 least one-half of the cost of such iniproveuiea 
 works and services shall be borne by the niu 
 pality genei'ally, and no petition against anja 
 assessment shall avail to pi-event the cairvinj 
 of any improvement, work or service in anjj 
 park, square, drive, or boulevard, and thenial 
 of such special assessment." 
 
if 
 
 jl,lClPAL MAIJUAL. 
 
 . r.v vrlietlier the lands injured 
 
 ^^^''?- luw or not." 
 municipality o^ 
 
 ,e said Act is amended by add.g 
 
 TrrulKmunicipaUtyisaboutto' 
 
 ;,ew, or '^^^^\,.,^uon thereof asalocali 
 ny street ov po'^ ^^^^^^ ^^^^o^.g \aying| 
 t the counci ^^^ ^^^ necessaryl 
 
 new pa^T'^'Zom any ex\st\nj^ (\raml 
 
 n connections portion theveoi tol 
 
 pon such street 01 \^^ ^^^^^^ ^^ I 
 
 Une on eacn ^^^ ^^^^ ^^^^ t^ie^em^ 
 
 „,ny assess «». ^^,^^ftted tkveb,^ 
 
 .nvrticular l""^-^ local impvovemenU 
 
 .f the cost o« saia ^^^^.^^ ^^,^ ^^ ^^1 
 
 to the provisions | 
 
 •A Act is amended by addii^ 
 o{ the 8-.nd ACT. 
 „g sub-section . ^^^,ting in>o^ =^1 
 
 pevtv adjoining ^^;^ boulevard, «\u.ll J 
 
 .are: V^^^^^^^'^^^d in respect of impvoj 
 assessable foi an ^ ^^^e or provij 
 
 L-ksand ^-^^^^Svfor boulevard ia J 
 "in any Bvich di .^^^ , abuttd 
 
 1 ^^ ^-^'^^ f .T but where a public A 
 y public st^««^' ^'Ja exists or may H 
 Live, ov^fll^l^,x, adjoining ^t J 
 l established, tUe ^^ ^.essable only! 
 [from taKatioU' s»^,,,ts, ^^^^.^^ ,,,Uem 
 U such i^^P^n^"' ^ch lauds are sped 
 extent to ^ ;;^;^ .^^^^^^^^ -ovks >.d 
 
 d by s«<^^i 'I"^ Unds on one sule ot d 
 ',ud where thejands^^.^ i 
 
 ;, boulevard are a P ^. .^^^^ ^^^,,,,J 
 ther reasons aiee^e I .^^^^^,^^.^^,j 
 
 le-haUofthecotot ,^,^eiJ 
 
 Ld servicer f^^^^\;^,ition .gainst any. d 
 generally, ^^^.,^,V 'vent tbecavrymJ 
 Gent shaU avail to pt ^^^ ,^„yj 
 
 l^X-^TfoXZ^^^. and the J 
 
 Liipre, drive, "^ , ,. 
 
 ^lecial assessment. | 
 
 MUNICIPAL AMENDMENT ACT. 
 
 1215 
 
 40- Sub-section 1 of section 630 of the said Act is amen- "ev.FtKt.i-. 
 (led by inserting after the word " works," in the last line lub'-": tf' 
 thereof, the words " or for the purchase of fire engines and "•"•'ndea. 
 appliances." 
 
 41. Sub-section 1 of section 634 of the s.aid Act is amen- ^"v, stat. 
 ded by adding thereto the following words: '•' or to which suh^s" ?/''*' 
 tlie equivalent sections of The Railway Act of Canada do ""'*"^^"^- 
 now or may hereafter apply." 
 
 A9 The council of every county, township, city, town, and ^VJ"^ 
 
 **•• 1 -ii 11 c 1 • 1 • ,. bridge ccni- 
 
 incorporated village, may pass by-laws tor subscribing lor any panies. 
 number of shares in the capital stock of, or lor lending to or 
 guaranteeing the payment of any sum of money borrowed by 
 jnv bridge company incorporated for the purpose of erecting 
 anil maintaining any bridge within, or partly witliin, the 
 municipality or between the municipality and another, and 
 all the subsections of section 634 of The Municijnil Act, shfJl 
 ply in the same manner, and with the same etfect, as if 
 the words " or bridge company," were inserted in sub-sec- 
 tion 4, in the first line after the words " railway company,'" 
 and the words " or bridge" were inserted after the word 
 "vailwav," in the second line of the said sub-section. 
 
 43, Section 40 of The Municipal Amendment Act, ■'■<^S8,^'^^^^''-^y-'^' 
 i is repealed, and the following substituted therefor : — c'a. ' ^^''^' 
 
 in When any portion of a township municipality ''•'ovisiona as 
 
 I , -J. 1 1 i^' ii S to schools 
 
 lisamiexed to a city or town by proclamation, the portion so whon terri- 
 Lnnexed shall for all school purposes bo deemed to be i)art of lo*°''^^u;|i'|.^;* 
 Isuch city or town, })rovided always that when the portion imuty. 
 lannexed does not include the whole of any contiguous school 
 section the respective municipalities shall, unless determined 
 by mutual arrangement between themselves after such an- 
 nexation, appoint an arbitrator who, with the senior County 
 iIud"eof the county shall value and adjust in an equitable 
 nanner the rights and claims of all parties aflfeeted by such 
 kimexatiou, and who shall determine by what municipality, 
 Ir portion thereof, the same shall be adjusted, paid or settled, 
 bid the award of such arbitrators shall be final and conclu- 
 Ive and the jnoney found due, either by mutual arrange- 
 ment or under the award, shall be deemed money for school 
 hrposes, and may be applied for under the provisions oi' 
 [b-section 3 of section 40, and sub-section 5 of section 113 * 
 The Public Schools Act, and the provisions of section 129 'fuvStat c. 
 the same Act, shall apply to the money so required to be '" ' 
 
 
 -•Ji 
 
 1-1 
 
 m> V' 
 
 S.ii 
 
 S- I 'V 
 
1216 
 
 THE MUNICIPAL MANUAL. 
 
 paid inider the cawai d or mutual agreement, and a del),}! 
 or deltentures may issue to l)e repayable out of tlie ta 
 property of that part of the school section remaiiiini/ i 
 indebted municipality, upon a requisition of tlj(> truste 
 said scliool section, without calling a special nieetinir oi 
 electors as required by sub-section 2 of section lL'9 o] 
 said Act, and upon the terms and conditions sot forth 
 by-law of the said municipality, anything iu The P 
 Schools Act to the contrary notwitlistaading. 
 
 Payment to 44 — (1) In case a county town hr,s not a lock-nn nnnv 
 be made to i .i i '^ . e v> • i +i 4. 1. "I'l^' 
 
 county whin by tlie lnsi)ector or J: riso..s, and the county gaol is m^f,, 
 
 gaol used as j],g purposes of a lock-up, the nnmicipal corporation ol 
 
 county town shall ])ay yearly to the county trensm i;r fot 
 
 use of the county a reasonal^le amount fcti- tin; use of 
 
 gao! as alock-uj), and for the expenses incurred tliciobv 
 
 in connection therewith, and iu the event of any dL 
 
 arising as to the amount wliich should be paid to the eon 
 
 as aforesaid, the same shall be settled by arliitiatiou 
 
 provided for under 21ie Municipal Act. 
 
 (2) This section shall not apply to cities or towns sen; 
 ted from counties for which pr > vision is made by section' 
 of Tlie Municipal Act. 
 
 45. It shall not be necessary for the slieriff of York 
 sherifT of Toronto, the Senior Judge of the couiitvof Yi 
 the Junior Jud<."e of said county, the warden of said coiil 
 and the mayor oJ' the city of Toronto, to attend to<ft'tiiPi'iJ 
 the selection of jurors directed by this section ; ])ut thoslJ 
 of the county of York, the Senior Jud^e of said couutvf 
 the warden of said county shall attend at siieh scleotin 
 jurors so far as it is made from the lists prepared Inl 
 selectors for the local municipalities in the county of \| 
 other than the city of Toronto ; and tiie slioritF of Tori 
 the Junior Judge of tlie said county, and tli(> mavor oflT 
 city of Toronto shall attend at such selection of juroissl 
 as it is niade from the list prepared by the selectors foj 
 city of Toronto. And any selection of jurors so niiidc 
 be deemed in all respects valid and etiectual and a m;|!J 
 conii^liance with the provisions of The Juror's Acf. Sell 
 whose attendance is hereby made unnecessary sliall ii| 
 entitled to fee.s for such unnecessary attendance 
 
 Jurisdiction 46. — (1) A Judge of the County Conrt .sliall liavj 
 Judges^with same jurisdiction as a Judge of the High Court totif 
 
 Scloction i)f 
 juroirt for 
 city fif 
 Toronto ami 
 county of 
 yoric. 
 
IIE MUNICIPAL MANUAL. 
 
 [M3.I 
 
 Id or mutual agreement, and a <lel)entur»i 
 IsHiio to be re))ayable out of the taxable 
 lit of the school section reinaiuinr; jiwui 
 jity, upon a i-cquisition of the trustees of 
 1 without calling a special nieetinrr of u 
 by sub-section 2 of section iL'Ooftj, 
 
 the terms and conditions s;'t foitli in a 
 p municipality, anything in The Public 
 contrary notwithstanding. 
 
 a county town hr.s not a lock-up appvove,)| 
 
 If Priso..s, and the county gaol is used fori 
 
 lock-up, the nninicipal corporation of tliel 
 
 pay yearly to the county trensuier fortliel 
 
 a reasonaljle amount for tlu; use of thJ 
 
 md for the expenses incurred tiicreby am 
 
 •ewith, and in the event of any (lisimti 
 
 mount which should be paid to the oount 
 
 same shall be settled by arhitratioii 
 
 77<e Municipal Act. 
 
 I shall not apply to cities or towns separa 
 for which pr i vision is made by .section 4i' 
 ;/ Act. 
 
 I 
 
 it be necessary for the sherilF of York tlij 
 :), the Senior Judge of the county of York 
 ? of said county, the warden of said coimtJ 
 the city of Toronto, to attend toifi'tliernpoi 
 rors directed by this section ; liut the sherif 
 York, the Senior Jud^'e of said couiitviiDl 
 id C(»unty shall attend at such sdootioiK 
 , is made from the lists prepared liv tM 
 ocal municipalities in the county of Xm 
 -,y of Toronto ; and the slieritf of Tomntl 
 
 of the said county, and (h(^ mayor of i 
 lall attend at such selection of jinorssofJ 
 1 the list prepared by the selectors for tj 
 
 And any selection of jurors so made sli; 
 respects valid and ell'ectual and a siilUciei 
 ;he provisions of The xTurofs Ad. Selectoj 
 
 is hereby made unnecessary slrdl iiotl 
 ir such unnecessai'y attendance 
 
 idge of the County Court sh.all have I 
 as a Judge of the High Court totntl 
 
 iglit of a municipality in the county of , ^^^'^ 
 
 H"^« to a reeve or deputy reev« -^ ^ ^"«^» C'ountv n 
 
 )f the election or annmnf . '''' ^^^^'es, or h. ^ ?°"''<^rP'"'"«' 
 
 Jeputy reeve, alderman, or couno.M. ^^''''' ^^^rden t' '*^'"«''»o,r 
 
 J(2) The judgment of a Coimtv r ^' 
 
 Ichonslrall be appealable to a r,.. '' ''"'g* under .1 ■ 
 Id the proee«lingL incident fl,/.*" "'' *l>e Hi°b r " 
 
 I aa appeal .bta C«"l,':' " '""^^ °' "- Hlgfc Jn" 
 1(3) Any judgments vvJnch I.o,. , 
 
 IneedhyaJudgeofaCWntyCourt u^?^"'"^ been p.o 
 Ihonty of the I87th and huuT "'^*''' ^''^ •''urnoi , 
 Iniclpal AH, and have nj been ']!''"' sections 7"^^'^ 
 n, m the High Court to set T^deT "^''' '' ^-Y Vo 
 jhereby confirined. asideor question thesanle" 
 
 P; ^'"'^ Act shall be read v,hh 
 
 ^.alAct. "^'^'^"^'^--Partof^,,,.,,, 
 
 ' read with 
 
 52 Vict. cap. 37. 
 I Act to amend th»^ Aoia ». 
 
 ,«»%i.^i.ti!;t;:l^i;:!;/!i-ji™e«ndc„n,e„t„f 
 
 i« follows .•_ y "' "'e Province of Ontarf"' 
 
 "^ f I f ' ■ 
 
 
 '^i\h 
 
 I "I 
 
1218 
 
 THE MUNIOIPAL MANUAL. 
 
 TisbT'i ^- Sub-section 1 of section 1 of chapter 185 of the Rev" 
 Kub-g/i," ' Statutes of Ontario, 1887, is amended by adding after » 
 atiwnded. y^ord '* Nipissiug," in the second line thereof the w 
 " Manitoulin." ^" 
 
 Rev. a tat. 
 c. 180, s. I , 
 8Ubf). 'i, 
 aincndi'il. 
 
 2. Sub-section 2 of section 1 of said chapter 185 
 
 amended by striking out the words, "the district of Vt • 
 
 River," in tlie first and second lines of the said sub-sect' 
 
 and substituting therefor the words, "any of the said rl 
 
 tricts." ' 
 
 "^is'f**^© ^' ^®°*^°'^ ^^ °^ '^'"*^ chapter 185, is amended bystrif 
 amended. ' out the word "male," in the first line of sub-seotiou 1 the 
 and by adding the following thereto as sub-section 4 •_ j 
 
 (i) This section shall nou apply to married women 
 entitle them to vote. 
 
 Kuv. Stat, 
 c. 185, 8. 51, 
 repnaled. 
 
 KeeTns to be 
 Justices of 
 th« Peauo. 
 
 Rev. Slut. 
 0. 185, s. .'lO, 
 amended. 
 
 A880S8in«^nt 
 app.'als in 
 Ifaoitouliii. 
 
 4. Section 51 of said chapter 185, is repealed and 
 following substituted therefor : — 
 
 51. Tlie reeves of the various municipalities shall h 
 officio, Justices of the Peace of their respective MumiciiialitiJ 
 and shall have tlie like powers within their respective mai 
 cipalities as are exercised by other Justices of the Peacel 
 this Province. 
 
 5. Section 5G of said chapter 185, is aiuonded byaddi 
 thereto the following sub-section : — 
 
 (4) At any time after the addition of any territory to i 
 municipality, or after the union of two or more iidwcJ 
 municipalities, any such territory annexed or any town] 
 forming part of such union municipality havin<' a populaj 
 of not less than one humlred persons, may, subject tof 
 approval of the Lieutonant-Crovernor in Council, witlii 
 from such union in accordance with and .subject totliei 
 visions contained in sub-section 2 of section 1 of this Acl 
 
 6. Subject to the provi&ions of section 76 of The Assmi 
 Act, appeals in respect to an assessment in iManitoulinj 
 be to the Stipendiary Magistrate of Manitoulin. 
 
■ ; , ■■^ •' i! 
 
 (i! ) 
 
 MUNioiPAi^ ^^«^'''^- lU««.5-] 
 
 FREE LIBRARIES ACT. 
 
 121» 
 
 . 1 «f pViantev 185 of the Hevkei 
 ?8ris tSd by adding aftenlil 
 ^^ tie second line thereoUbe wo, 
 
 4.-«« 1 of said chapter 185, , 
 ,f section I ^^^^^^ district of W 
 
 out t'^®^,? pl'of the said sub-sectiol 
 ,a second Unes ^ ^he said dJ 
 
 ^-efov the worttb, : -i 
 
 , 4.«v 1 R5 is amendeJ by strikii] 
 -^^'KtUneofsuh-secdoultWeJ 
 thereto as sub-sectiou 4 •.- 
 
 apply ^o married women 
 
 in 
 oUowing 
 
 shall noo 
 
 t' said chapter 185, is repealed, and 
 
 ed therefor ••— , 
 
 f tlve various municipaUties shall V 
 
 f Pp.ceof tbeir respective muuicivay 
 
 ,he reat-t- u ... ^^^^y vespeclive ml 
 
 ,f .aid chapter 185, is aiuoudcdhy ad, 
 
 ;„.Y sub-section •.-- 
 %ter the addition of any terntory to 
 
 j,fter ^^'^ ; ., annexed or any lowui 
 ,y ,,ch te 1 o y^^^^^^ 
 
 ,eh ^";^^''\ Xpers^ns; may, «ubiect to 
 
 one ^»»^"''\7.^^i;rnor in Council, ^vity 
 X.ioutenant.Gover ^^^ ^^^^^.^^, ,, ,1, 
 
 /•:::b:eS;:^^^-^^-^^^^^^^^' 
 
 • • „r>f section 76 of T/tCiUsMi 
 
 le 
 
 52 Vict. cap. 38. 
 An Act to amend the Free Libraries Act. 
 
 \ 
 
 Assented to 23rd March, 1889. 
 
 ER MAJESTY, by and with the advice and consent 
 of the Legislative Assembly of the Province of 
 enacts as follows : — 
 
 lODtanO; 
 
 1 Section } of The Free Libraries Act is amended by ^^^- stat. c. 
 Lddin*^ to sub-section 2 thereof, the following words : — ameudeu. 
 
 „ Thei-e may also be established evening classes for arti- 
 
 niechanics and workiugmen, in such subjects as may 
 
 tomote a knowledge of the mechanical and manufacturing 
 
 rts. 
 ft All the cowers vested in the board of management, and foyers, etc., 
 
 i- All i'"^ r 1 -xT , , of board of 
 
 Jl the duties imposed upon the said board with respect to mansgement 
 Ibraries, news-rooms and museums, shall be considered as ^j eU'niSr 
 
 licab'le to the evening classes established under this Act, •'ias«e8. 
 
 1 in the event of the establishment of such classes the 
 
 ml shall have the same powers with respect to tlie ai)point- 
 lent and dismissal of teachers or instructors as they now 
 
 sess with respect to other salaried officers. 
 
 L gection 10 of The Free Libraries Act shall apply to Art '^ P-i'^aWo" 
 
 book 0. 189,».'l0. 
 
 \i Section 10 of the said Act is amended by adding thereto ««'■ stat. o. 
 
 Acl 
 
 I following sub-section : — amended! 
 
 3) In case any Art School transfers its property, real and 
 ional to the board of management of a free library as 
 ein provided, it shall be lawful for the Lieutenant-Go ver- 
 iu Council to give the like aid to such free library from 
 unappropriated moneys in the hands of the Treasurer of < 
 
 (Province, as such Art School would have received. 
 
 Any person who wilfully interrupts or disquiets ^'^y P«°»ity 'or 
 J library established and conducted under the authority of behaT?our. 
 isaid Act, by rude or indecent behaviour, or by making a 
 
 1 either within the library, or so near thereto as to dis- 
 
 i lb 
 
 i '• 
 
 •■\ i 
 
 :.;ni 
 
 ;i 
 
1220 
 
 THE MUNICIPAL MANUAL. 
 
 [s.5. 
 
 turb the persons using the same, shall, for each offence o 
 
 conviction tliereof before a Police Miigistrate or Justice of 
 
 the, PeHce, forfeit and pay for library purposes to tlie niim' 
 
 cipality M'ithin which the oll'once was couiniitted, such sn 
 not exceeding !i?20, togetlier with the costs of couviction 
 the said Police Magistrate or Justice may think lit. 
 
 Rev. Stat, 
 c. 103, 8 fiS, 
 aniouded. 
 
 As.st'ilflinent 
 of locniitics 
 added lo 
 cities and 
 towns. 
 
 52 Vict. cap. 39. * 
 
 The Assessment Amendment Act, 188^. la) 
 
 Assented to 23rd March, IS8d. 
 
 HER MAJESTY, by and with the advice and consent oi 
 the Legislative Assendjly of the Province of Oiitaria 
 enacts as follows : — 
 
 1. Section 52 of The Assessment Act is amended byaddii 
 the following sub-sections thereto : — 
 
 (2) When there has, from any cause, been delay in so con. 
 pleting the fi)ial revision of the said roll beyond the said 31$ 
 day of December, tlie council may notwithstanding adopt th 
 assessment when finally revised, .as the assessment on wliic| 
 the rate of taxation for the said following year shall be leviei 
 
 (.'5) Where an addition of any part of tlie localities adiJ 
 cent to any city or town has been made to said city or tow 
 in any year subsequent to the 30th day of Septenii)er, imdd 
 the provisions of section 22 of The Municipal Acf, tlieeoui 
 cil of said city or town may j)ass a by-law in the succeedii^ 
 year, adopting the assessment of the said addition as 
 revised while a part of the adjoining municipality, as ti 
 basis of the assessment for said j)art for that year, altliouj 
 
 (a) See also 52 V. c. 40, p. 1222. 
 
 As to saloM of land for taxes in the districts of Muskoka and Paij 
 Sound, see 52 V. c. 17, as. 1-6. 
 

 UOIPAL MANUAL. 
 
 [8.5. 
 
 3 same.8hall,for each offence, on 
 1 Police Miigi^trate or Justice o{ 
 for Ubfavy purposes to the mum. 
 , olVonce^vas committ.cl, such sum | 
 ev with the coHts ot co|uict>on, 
 e or Justice may thu.k ht. 
 
 C , ASSESSMENT AMENDMENT ACT. 
 
 8.0' J 
 
 tlie Assessment of the reinain(l<M- of the city or town has heen 
 made '^^^^ '''^^ '''**® "^ taxaLiwn lias been levied in acconlance 
 : ^1(1, the preceding provisions of this section ; and the levy- 
 Lffof a prop' '.'donate share of the taxation upon said addi- 
 tion shidl not invalidate either the assessnicnt of the remain- 
 Jeror the tax levied thereon ; and the qualification of nnuii- 
 1 ciiuil voters in said addition shall, for tlie said sueceiiding 
 iv be the same as that lecpiired in' the municipality from 
 lliich the i)art has been taken. 
 
 (4) Sub-sections 2 and 3 of this section shall have force 
 land effect from the first day of January, 1889. 
 
 1221 
 
 5 Vict- cap. 39. 
 Amendment Act, ISSSf. (a) 
 
 AsZ'ted to 23rd March, 1889. pj3) 
 
 Iw -uul with tlie advice and consent ol 
 . Issembly of the Provmce oi Outar.o| 
 
 ,,l.«.8«»im<>'lce is amended by admuj 
 
 [ions thereto :— 
 
 « nnnse been dehy in so co' 
 
 council may" „„„t „„ .u, 
 
 f .,nvpart oE the looivhties adj 
 
 rVa Sniadc^ 
 
 kwn has Mx,n j^p,,tcmber, undJ 
 
 ■""'"•,, of thi s«i<l acWitio»»s\J 
 ;,1ortia1rtSvtWM.»,*^ 
 
 88. l-O- 
 
 Binuuded. 
 
 lisanieiuled Dy 
 
 "demand" in the tenth line of the said sub-section. 
 
 3 Section 53 of The Assessment Act is amended by adding uev. stat. 
 ,tbeieto the following sub-section :— •=. m,s, 63. 
 
 The notice or demand meuti(tned in section 12,3 of 
 tiisAct may be given or made by the collector at any time 
 t r tlie rccinpt of the collection roll, and may be acted upon, 
 tuny time alter the expiration of fourteen days from the 
 lyiu.f of such notice or making such demand, or after the 
 V appointed for payment by any by-law passed under this 
 iction, whichever shall last ha])pen. 
 
 c. 
 
 4 Sub-section 4 of section 79 of the said Act is amended H't- stat. 
 tyieiiealing all the words after the word "county" in the aHiendud.' 
 Kteeuth line thereof. 
 
 I E gulj-section 5 of section 79 of the said Act is amended Kcv. smt. c. 
 Liiddiiig after the word "exi)enses," in the third line i^-^;,';;J[J/^)' 
 Leaf, tlie following words:— "And the County Judge, 
 
 leritf or registrar, shall also receive a reasonalde sum, not 
 
 i exceed $10 each per day. 
 
 R Spption 79 of the said Act is further amended by adding Rov. stat. 
 |e following sub-section thereto: — amenaed. ' 
 
 1(9) In the event of the assessment of any one or more Directions to 
 Lcipulities being reduced or increased by the County ^jf^^^^^'^^^^. 
 Ue or the Court, directions shall be given by tlie said oil after 
 
 T"s , 1 1 1! ii . •! X • equalization 
 
 kdge or Court to the clerk of the county council, to increase ,,? asfew- 
 I reduce the rate imposed by the by-law of the county ""cnt roll. 
 nncil, so tbat such rate will, calculated upon the finally 
 
 it;;: 
 
 \ 
 
 I 
 
 I 
 
 m 
 
 km ■■ 
 
 ' ''.' 
 
 
 & 
 
 !W£ 
 
1222 
 
 TIIK MUNICIPAL MANUAL. 
 
 ■^■■' ^' 
 
 
 •ppcuU'. 
 
 on 
 in till 
 
 [h.(j 
 
 revised and o(Hinlized iisHOHStnent,, produce tho Hutri wh" I 
 Huuh l)y-law in iiitnndod to provido. 
 
 ijxpenn'n of 7. CouTity Cour'^ J uUf^es rIihII V)o ontillnd to rcooive fr 
 jiid«PHon tho imuiici|mlity as ./lioir nxtMMiH«^H, for liolditij; Coints in ) 
 various inuiiicipalitioH (ttlier iliati tho county town foe »| 
 purpose of licai'iug appeals froui tho Court of Revision nnl 
 tho provisions of T/if. AsHf-Hsnifnd Acl, tho Nfinie Htim.s „jj u 
 are iillowffd f<jr holding Courts for revising votors' lists 
 
 8. Suh-soction 1 of section 1*24 of tho aai<i Act i,siiiiieiil. 
 by ins(!rtin^ in tl e lirst lino thei'cof before tli(. woidj, ut 
 CMve n person" the words "Si(l))(H!t to tho |)rt)vi,si()ii,s(>f' socfin, 
 .')." .)t" this Aet." 
 
 Hov. Sliif. n. 
 
 i.ii.d. r^.m), 
 
 tiut-ndud. 
 
 •^octiot 
 
 linv. stilt, f, 9. Hul)-se,clion 2 of tho snid section 124 is iiincinl,.,] u 
 iiin.'.i.a«d. striking out the v/ords "fourteen days njeiilioned in this sew 
 tion" in tho fourth line and substituting the wonjs "tiniofn* 
 payment of the taxrs ;" by striking out the wr>,(ls "tjig j 
 teen d.iys'' in tho soveuLh line and sub.stitutincir tli,. ^y,,. 
 "such time," and by striking out the word« "fourteen dn 
 after deuuuul or notice?, as tho case may be," in tlm twclfi 
 ajid tlilrteentli lines and substituting tho words "tiiiic t, 
 payment thereof." 
 
 tJlUfwab 10. This Act sluill bo read with and form part of A 
 iicv, Stat. AsacHsmdnt Act. 
 
 c 193 
 
 -•-*— 4. 
 
 52 Vict- cap. 40. 
 Tho Frauchise Assessrreut Act, 1889 (a) 
 
 Assented to 23rd March, J8<Sl). 
 
 Hpni MAJESTY, by and with tho advice and conseni 
 The Legislative Ahseujbly of the Province of Onti 
 Ciiacta as follows : — 
 
 (a) Soo also &2 V. c. oi>, p. 1220. 
 
 I, J. 
 
I> 
 
 -«f produce tho huiu which 
 to provulc. 
 
 „t,her U»'\«i ^^\*"^j^^„V lu.viM..n, under! 
 
 i\o HuniH us " 
 
 I>/^ 
 
 '■ f ■'' i hln 't\u> county tow,., for Ihej 
 7, tho Court oi' lU'v.K,..n,un<lerl 
 
 '''""' ih«veo£ ^^'«o'-'' U..wonls"lJ 
 t:!s"\0»'cttotUoprov-,Humso^-«ediod 
 
 ,Vul section r24 in amouaed ^,,J 
 ^ jupntiouou m this seo 
 
 f tlu) 
 
 's''fourt(•cu(iHy«^^^^^^^^^,.^^^,^.,,^^J^ 
 
 (Is "the t'ouJ 
 
 ^'";;;%ub"tLting the wonls "tune t^ 
 
 
 II be re 
 
 ,'ac\ w 
 
 (2) ((/).] FHANCIIIHK A8HK8SMENT ACT. ■|.J2.'l 
 
 1 Xhis A«t "'"■y ''« cited as •«77/6 FrnnrhUr AHsesHnmit^'"^"^^ 
 
 '' .. <■ oirHllnii 
 
 I^C(, 
 
 mu." 
 
 ith and form part of Tl 
 
 J s.soi 
 
 ■ntecZ to 23Td ManK 
 
 oilnlloii. 
 
 crprein. 
 
 52 Vict- cap- *^* 
 .„. Asses.me«l Act, 1889 W 
 
 m. 
 
 ^ ;f\, tUo advice anil conseni 
 Utive AbsembW ot "^ 
 
 b^, P- 
 
 1220. 
 
 A (1) In tluH Miction tlin words and oxprosHions " Kami "'"'« 
 fL: "'^""•''" " '^''^'•"""•'^ ►'^o"." "I^atl.nr," "Kh-ction!"""" 
 kVoK'," «''»•' fCHpccMvcly havntlir nioaniiij^ given tlioroto „„, ^. 
 Lgcctioii 79 of The Munkipal. Act im.' 
 
 (2) Every farmer's son hona fuk resident on the farm of '''"^"'"'' 
 Lfiitlior (»!• inotlier, at the (inie of (lie making of the assess-'"'"* 
 liHitnill, shall be entitled to Imi. and may l»e .nu-n-d, nited 
 0(1 iiKscsscil on such roll, in ros])yct of such form, in manner 
 
 fcllowin},' : 
 
 (o) Jf ill" f'i*ber is living, and either the father or mother 
 is the owner of tlu; farm, the son oi- sons may be 
 eiitoied, rated, and assessed, in rc-spect of the iaim, 
 jointly with the father, and as if sueh father and 
 son or sons were actually and Itonajide'ynni ownors 
 thereof. 
 
 l/M Tf tlif" lather is dead, and tlie mother is the owihm" of 
 the fiirm, and a widow, the son or sons may lio 
 entered, rato<l, and assessed in respect of the faim, 
 ;is if Ik; or th«7 was or were actually and bona fide 
 Mil ()c(!Mpant or tenant, or joint occui)ants or tenants ■ 
 (licieuf, under tho mot)i(;r. 
 
 L) Occasional or temporary ahseiice frouj tlie farm for a 
 time or times, not (exceeding in the whole .six 
 months of tlie twelv(i months next prior to the 
 ictiini of tlie roll hy the as-sessor, shall not operate 
 to <lisentitle a son to bo considered bona Jide re.si- 
 'leiit as aforesaid. 
 
 W) If there are more Hons than one ho resident, and if the 
 
 tiiini is not rated and a.ssessed at an amount'sutU- 
 
 cieiit, if equally divided betwe(m them, to give a 
 
 (|ii,".litication to vote at a municipal election, to the 
 
 fiuher and all tho sons, where the tatlier is livinsr, or 
 
 to the sons alone where tlir f'lther is dead and the 
 
 iiiiitlior is a widow, then tlio right to he assessjsd 
 
 uii(l(i- this Act Hliall belong t(» and be tin; right 
 
 (inly of the father and such of tlu; eldest or elder 
 
 (it'siiid sons to whom the amount at which the farm 
 
 is r.iU-u and assess(>d will, when etpially divided 
 
 helw(!en them, giv-c" a (pialitication so to vote. 
 
 I \l 
 
 % ' I 
 
 i ■ n 
 
1221 
 
 Entry of 
 Toters on 
 roll. 
 
 61 V. f. 4. 
 
 Al V. c. 20. 
 
 Students at 
 college, etc. 
 
 61 V c. 4. 
 
 Disqualifi- 
 cations. 
 
 61 V. c. 4. 
 
 THE MUNICIPAL MANUAL. k 2 (t)\ i 
 
 (e) If tlio lunovuit ut wliicl tlio fiirin is so intcd 
 
 iiHsesstul i.H not suOicioiit, it' t'liu/illy (li\ j,],,,] \ ' ' 
 tlio iatluM-, if liviiii,', and one son, to f,'ive to ■■ .'i 
 (jualiliciitioii so to votn, tlicn tlin fiitlicr sh 11 i 
 the only jh'I'hou ontitletl to be a.sses.s(!(l ju |,,. 
 of such farm. '* 
 
 If) A farmer's son entitltnl to be a.sses.s(>(l nnrln,. 
 
 tlie pi-e(;ecling provisions, may re(|uii(! Iiis nj,,,,' 
 bo entered and rated on the asscssnioiit if 11. 
 joint or separate owner, oceiipaiit, or tciiuiit ot'tl 
 farm, as the case may be ; and sucli farina's s< ' 
 entered and rated shnll b(? liable in resiicf - i' , 
 assessment as sucli owner, tenant, or occiniai 
 
 3 — (1) Every asses.sor shall, in conformity ami coiiihli., 
 with the provisions in that behalf of Tlir S/dii/ioixl ,v'///'.J 
 Act, enter on his roll every person entitled to lie out A 
 thereon under the said Act, and, in addition to the i'\\' 
 required to be made in that behalf in the roll bv The -Ui 
 nient Aintiudineiit Act, ISd'S, shall, opposite tlio iianiel 
 every such person, in the column 8 mentioned in st'cti nl 
 of The Assessment Act, enter 
 
 (a) In the assessment roll of a city, town, or viljiurp 
 
 residence of such per.son by the iiumlicr thcivii 
 any) and the street or locality wIku'ooii or \vlie3 
 the same is situate. 
 
 (b) In the assessment roll of a township, the concesi 
 
 wherein and the lot or part of a lot whereon ! 
 person resides ; 
 
 and in all cases any additional description, as to localit^ 
 othervvi.se, which may be reasonably necessary to eiiaWei 
 residence to be ascertained and veritied. 
 
 (2) No person shall be entitled to be marked or eiiij 
 by the assessor in the assessment roll as a qualified 
 under The M<tiihoud Siiffnuje Act, in respect of resident 
 a municipality where he is in attendance as a scliol{ 
 student at any school, university or other iiistitntioi 
 learning, unless he has no other place of residence entij 
 him to vote under said Act. 
 
 (3) No person shall be entitled to be entered or 
 by the assessor in the assessment roll as qualified tol 
 under 7Vte Manhood Suffrage Act, who at the timeof niai 
 
vatod 
 
 ', , ,,,1 1 one sou, to ^uc to ml, 
 Uvmi?, 'V <^ ^ j,^ t-athor Hl.,ai 1 
 
 HO to vote, ti" . 
 
 ox^ entitled to be usses...l ui r.^i.^ 
 
 .•Mwl to be assesscMl undor imy 
 j";';i>Unuwrenuin,las„ 
 
 ^^1 vntea on the assi'ssmout n.U .si 
 
 :l<^.u>r,occu,«.ut, ovtonunt.nl 
 
 nrivbe; andHUcl. tanm-issim^ 
 
 ; ^'unUiliaW be Uuble in rosi^.t „f sud 
 
 an such owner, tenant, ov oaupu,.,, 
 
 , ,, :,, confonnity iuul coniiulan 
 
 "^ ^^''^' ^^tc vso^ entitled to leom^^^ 
 "^1 ,"^7 ,md in addition to tli. .utr, 
 
 '/isVS'.S', shall, opvosuetho name 
 in the column 8 vnentmuedm section] 
 
 Ad, enter 
 
 L .nt roll of a city, town, or v, li^-e 
 
 hsuchpoVHonbytlu,muni.ertheveo 
 
 :U"ree^t or locality whc.oonov.hej 
 
 . is situate. 
 
 . roll of a towuHlnp,thecouces 
 :;;;rtiriotorpartofalotwl.eveou: 
 
 "''"^''"'v ,l,leHcriution,astoloealiti 
 
 Ice tained and veritied. 
 ■ V .tUled tobemavketloveu 
 
 shall be entitled to ^^ 
 
 , the assessn.ent od ^ ^^^^^ I, ^,^^. , . 
 
 '•-^'^fTilatLulauceas.sJ 
 -here he i« ^^ . ^^^l,,, i.^tUnucI 
 
 ^rS^^or place of vcidenee e.^ 
 
 „. Riiid Act. J 
 
 shallbeentiaedto;.--^J^i. 
 
 -^^r;"Trtwroatthe\in.ofH 
 yood Suffrage Ad, wi 
 
 or 
 
 3 /7\ 1 PRANCllIHE ASSESSMENT ACT. 1225 
 
 eutcriug is a prisoner in a f^aol or ijrJHon undergoing 
 puiiislmicut for u criniinal oH'ence ; or 'is u patient in ii 
 |j,„,itic asylum ; or ia maintained, in whole or in part, as :iu 
 ininiitti rt'C(*ivil'^' charitahle support or care in a nmnicipal 
 ooilioUH' or house of industry, or as an innnite receivin-j; 
 liavitiililo support or care in a cliaritable institution roeciv 
 inL'iiiil from the Province under any statute in that behalf. 
 
 (4) The assessor siiall place on the assessment roll, as quail- i'<'i-..im 
 tied to l)e a v^^ter unchsr The Manhood Sulfmije. Act, the name .Xudt 
 
 feverv male person who delivers or causes tobudelivjM'cd lo >' " ^i v. 
 
 the ass('ss«>r, an allidavit signed by such person in the foiui l-atoredon 
 or to the etlVct set forth in Form " A"_append(!d to the said''""' 
 Vet if the facts stated are such as entitle suclt person to he 
 nhoed thereon, atid the affidavit nniy ho made before any 
 sscssoi' ov Justice of the i'eace, conunissioner for taking 
 ttidavits, or notary ])ublic ; and every such oiUcer shall, 
 apon request, administer an oath to any person wishing to 
 mako the affidavit. 
 
 /-,\ The assessor shall also make reasonable enciuirios in ''•"i»''>ie«by 
 Jev to ascertani what persons resident m his nuuucipality, 
 or ill tlu; section of the m»inicii)ality in respect of which the 
 5oris acting, an; entitled to be placed on the assessment 
 ^11 as (luiditied to be voters under The Mduhood Snjfhn/e 5i v. c. 4. 
 iff ami shall place such persons on the roll as (|ualiti(>d 
 to be voters without the affidavit referred to in the next 
 ireceding sub-section. 
 
 I (fi) In addition to any other affidavit, oath, certiticate, or Affidavit by 
 Statement V( (juired or directed by 77/e Assess7nent Act or any Ke''''g,'"^t 
 ct in iuiiendment thereof the assessor shall, at the loot of c. ids'! 
 is assessment roll, after he has completed the same, make 
 davit before a Justice of the l*eace in the words, or to the 
 iffect following : — 
 "1 have not entered any name in the ahove roll, or impropurly 
 iilaced any letter or letters in colnmn 4 opposite any name, 
 with intent to give to any person not entitled to vote, a 
 right of voting. 
 "I have not intentionally omitted from the said roll the name 
 of any person whom I believe entitled to be placed thereon, 
 nor have I, in order to deprive any person of a right of 
 voting, onatted from colnmn 4 opposite the name of such 
 person, any letter or letters which I ought to have placed 
 there." 
 
 (?) Complaints of ]>ersons having been wrongfully entered '^ompi»int» 
 ibe assessment roll as qualified to be voters under The ["b"'**' '"* 
 154 
 
 • I; > ' * 
 
 J' 
 
 \ iM 
 
 1 
 
 
 i. ' 
 
 1 . !i 
 
1226 
 
 M V. c. 4. 
 
 Oonimence- 
 meiit of 
 
 MfOtioD. 
 
 AtMMor not 
 required to 
 dive notlu* 
 to ftrmer** 
 una. 
 
 Siirvlct) "f 
 notices on 
 farineri' 
 soai. 
 
 Iiitorpreta- 
 
 ttOOr. 
 
 ». V. Stilt. 
 V. I'M, d. 40, 
 rcpualed. 
 
 KeT. StRt 
 c. 193. B 61, 
 rupenlcd. 
 
 AosBssor to 
 mako 
 
 (■nquiry 8oa8 
 tu prevent 
 crnation of 
 fals* TOtcs. 
 
 TUB MUNICIPAL MANUAL. [», 3 /j. 
 
 Manhood Suffrage Act, or of ptTHons not having hovn oniered 
 thereon us qualiHed to \m voUth uml«T said Act who sliouU 
 have been so entered, may by any porHon eiitith-d to Ik. » 
 voter under said Act, or to bts entered on the votois' iJHt in 
 the nmnicip.Uity or in tlie electoral dlHtrict in w|iii|, ^i, 
 innnicipality is situate, bo nn»do to the Court of UcivUjon 
 in the case of asseHsnients. 
 
 (8) The provisions of this section shall, to nil intents ami 
 for all [)urpo8es, be deemed and taken to have b»'<'ii in fnii 
 force and etlect on, from and alter the first tlay of i''t'ljiiiiiv 
 1889. ' ^' 
 
 4 — (l) Nothing in section 47 of T/w, A ssuHmumf Act cow 
 tained shall be deemed to re(|uiro the asse.ssor to >t[\i; i,,ayg 
 or transmit any notice to any j)erson entered on the assesx- 
 ment roll as a farmer's son, either undc-r the provisions of 
 said Act as amended by this Act or otherwise, hut in any 
 notice given or transmitted to any farmer under tlie mt- 
 visions of said section the assef-or shall enter aiid sot forth 
 the name of every person entered in said roll .as a son of 
 such farmer. 
 
 (2) Any notice, document, or paper necessary to ho "ivcu 
 to, or left with, or served ujvju a fanner's son under luiy of j 
 the provisions of Tfie AHsessment Acf, shall he deemed to U 
 St) given to, or left with, or .served upon such son if the sjime 
 is given to him personally, or is hd't with somk; grown person 
 at the residence of the farmer wliose son he is. 
 
 (3) In this section the expression "'Farmer's Son " ainij 
 the word "Farmer" shall have the s.ime nieaiiin-' us iaj 
 section 2 of this Act. 
 
 5 Section 46 of 7'/ie Atiseasment Act, as ainendeij by Th 
 AssesHineiU Amendment Act, 18SS, is hei-eby repealed. 
 
 6. Section 51 of The AsHessmeiit Act is hereby repeal© 
 and instead thereof the following shall be read as'section 5| 
 of the said Act ; — 
 
 51 — (1) To prevent the creation of fal.se vote.s, whore 
 person claims to ho as.sess(;d, or to \m entered or naniKl 
 any assessment roll, or claims that another per.soii .siioiilil 
 assessed, or enteretl or named in such assessment roll, 
 entitled to be a voter, and the assessor has reason to .siispa 
 that the persim .so claiming, or for whom tlu^ elaim is mad 
 has not a just right to be so asse.ssed, or to lio entered ^ 
 
D11»AL MANUAL. 
 
 [b.3(7). 
 
 ilered 
 lould 
 
 persons not huving ^-n ou' 
 :„Wh under saul Act who Hi 
 
 r \)V any !>«''«"" ot»t»tW'<» to Ik! a 
 l,o.M.t«ml on the voters liHt in 
 ,, electoral diHtrict in wl.ul, tho 
 nmde to the Court of Ucvmiou as 
 
 luH section shall, to .dlint..nts«n.l 
 a and take., to have in-en in full 
 lud utter the thst day ut I'ebniaiy, 
 
 47 of 7'A'! ^4a'««««»i''«' -/let con- 
 o''I".iuiro the assessor to «ive, kave 
 i, anv l'pra«" eivt'-^'d on tho iimm- 
 son either under the loovwions of 
 , this Act or otherwise hut m any 
 L. 1 to anv farmer inuU-r tho pro- 
 
 ;: s»^:mV>.ai' •:•■''■•■ ";"'«^'"'''; 
 
 „n™t,ori«vr"""r'""''""/'"°"'° 
 ';U^;on.t^mn.v»»o„mKW:, . 
 
 •eu 
 
 t,a ui.on a taru.ei- « ....» > '"'y of 
 
 . .,/ Arf sha he dceiiicd tole 
 
 Lor served upon such s..n It ll.. same 
 kUy or is left with some grow., i..isun 
 farmer whose son he 13. ] 
 
 the expression •' Farmer's Sou" and! 
 Ihall have the same meaumg a« m< 
 
 L Assessment A<'t, ^^^ ^unM^^ n 
 \tAct, ISSS, is hereby repealed 
 
 efolh.wing shall he read as sechon5| 
 
 It the creation of false votes, where I 
 
 ■t tne oi entered or named < 
 
 Issessed, or to - u ^^^^^^^^^ ^ 
 
 I ^*'^"nf In si -Ls,acnt roll, , 
 
 l\^"'*^lLwh<m. the claim IS ma(^ 
 ■to be so assessed, o. 
 
 J 7l FRANOHISR AflflCHRMRMT ACT. 1227 
 
 naniod in the roll aH ho entitled to be a voter, it shall be the 
 duty of the HHsesHor to make reasonable enquirim before 
 ftHMCHHinj?, entering, or naming any such person in the asseHs- 
 luent roll. 
 
 (2) Any person wliomsoever entitled to V)o assessed or to Perion* 
 have his name inserted or entered in the assessiuent roll of u '" M'i.«'"d 
 municipality, »hall be so asscHsed, or shall have his name sotoUentireii 
 insert*id or entered, without any request in that behalf; and out MqufS' 
 person entitled to have his name so inserted or entered in 
 the ftHsessment roll, or in the list of voters based thereon, or 
 to be a voter in the municipality, shall, in order to have tho 
 name of any other person entered or inserted in the assess- 
 ment roll, or list of voters, as the case may be, have for nil 
 purposes the same right to apply, complain or appeal to a 
 Court or a Judge in that behalf as such other person would 
 or can have personally, unless such other person actually 
 dissents therefrom. 
 
 (3) Any person who wilfully and improperly inserts or Penalty tor 
 mocures or causes the insertion of tho name of a peison in',',""p'','„"p«r 
 tie asHt'Ssni*'"* roll, or assesses or procures or causes tlie"utrieHmi 
 
 j,„,eiit of a person at too high an amount, with intent '°"" 
 in either or any such case to give to a person not entitled 
 thereto either the right or an apparent right to bo a votei- ; 
 or who wilfully inserts, or piocnres or causes the insertion 
 of anv fictitious name in the assessment roll, or who wilfully 
 or improperly omits or procures oi- causes the omission of 
 the name of a person from the assessment roll, or assesses or 
 
 I procures 
 
 or causes the assessment of a |)erson at too low an 
 
 I amount, with intent in either case to deprive any person of 
 hisri"ht to be a voter, shall, upon conviction thereof before 
 1 Court of competent jurisdiction, be liable to a fine not 
 exceedin" $200, and to imprisontnent until the fine is puid, 
 or to imprisonment in the common gaol of the county or 
 Icity for a i)erio(l not exceeding six months, or to both such 
 foe and imprisonment, in the discretion of the Court. 
 
 (4\ The word "Voter" in this section shall have the" Voter," 
 leanin" "iven thereto by The Ontario Voters' Lists Ac/, 
 
 \im. " 
 
 ini!anin(r of. 
 
 7, Section 50 of 2%e Assessment Act is hereby amended ""."g-^'**- 
 k omitting therefrom it'-' words and figures "on or before .^mended. ' 
 ielst day of May," and inserting instead thereof the words 
 ronor before the thirtieth day of April." 
 
 P 
 
 I It 
 
 
 
 It t 
 
 t w> 
 
 lA 
 
 I . t 
 
 
 31 ' 
 
 
 b ■ 
 
 M'' 
 
 I'* 
 
 * i' 
 
 I ■■■ 
 
1228 
 
 Interpreta- 
 tion 
 
 " l.iKt of 
 
 VottTH." 
 
 Kcr. Stat. 
 c. 103 and 
 51 V. 0. 29 
 to be read 
 with ttii 
 Act. 
 
 THE MUNICIPAL MANUAL. 
 
 Is.. 8. 
 
 8 — (1) In this Act, and in The Assessment Act as amended 
 3t, the expression " List of Voters" .shall meua tlm 
 
 by this Act 
 
 alphabetical list referred to in section 
 I'oters' Lists Act, 1889. 
 
 3 of 
 
 ,.„ Ill the i 
 ^«e Ontario 
 
 "AsjiesHnifi'i': 
 roll ;"'• roll" 
 
 (2) In this Act, the expression "assessment roll," and the 
 word " roll" shall mean an assessment roll within tlu> nm«« 
 
 iufj of The Assessment Act. 
 
 ithin the mean- ! 
 
 9- Tina Act i\nd The Assessment Act and The Assesnme)f 
 Ameni/ment Act, 1888, as amended by this Act, shall be read 
 and construed as one Act. 
 
 ; \ 
 
 Uev. Stat, 
 c. IW, H. 8, 
 
 8Ub-8. 3, 
 
 amended. 
 
 Rer. Stat 
 o. 194, s. .•?'•.. 
 amended. 
 
 Rev. StKt. 1 . 
 li)4, B. 45 ('.! 
 amandcd. 
 
 52 Vict. cap. 41. 
 An Act to amend the Liquor License Act. 
 
 Assented to 23rd March, ISS&t 
 
 HER MAJESTY, by and with the advice ami consent ( 
 the Legislative Assembly of the Province of Oiituri 
 (uuicts as follows : — 
 
 1. Sub-section 3 of section 8 of The TAqiior License Ad i 
 unended by adding thereto the following: — "Rut this 
 \ iso shall not apply to petition.s or aj)plicHtions niiule 
 counties or cities in which the second part of 7'he Cnimi 
 Temperance Act having been in force has been leneale 
 such repeal taking effect after tl;e said first duy of .Alayj 
 ;iny year." 
 
 2. Section 36 of the said Act is amended by insertin" ti 
 following after the woi-ds "at one time" in the fourth 1 
 thereof, "to be wholly I'emoved and not drunk upon 
 premises." 
 
 3. Sub-section 2 of section 45 of the said x\ct is amend 
 l)y adding the following: — " Btit all sums iinjio.sed bv i 
 municipality in excess of the fium of .$200 nientioiipd 
 section 42 of this Act shall be divided equally between 
 Province and such municipality," 
 
ICIPAL MANUAL. 
 
 • ThP Assessment Act as amended 
 "'/t St ot Voters'' shall Tueauthe 
 Vo^n section 3 of The Ontario 
 
 ' « " issessmeut roll," and the 
 rSrmortroUwU>u„tho„«. 
 
 * 1 /./ aiu\ The Assesmeut , 
 
 jt. 
 
 }2 Vict. cap. 41- 
 
 ,«d the Liquor License Act. 
 
 As^ted to 23rd March, ISSO. 
 1 :4-^. the advice and consent 
 
 thereto tnc i ..ppUcatious nuule i 
 
 ..duch the s ^^^^^ ^^^,^^^ ^.^^^.^1^ 
 
 ^"^^ ^T. S-e said first day oniay 
 stfoct after tUo s.ir 
 
 •1 Act is amended by insevtingti 
 Ihe said Act i3 a ^^^^^^.^,^ ^j^ 
 
 I i« "-it one tnu« , , ' 
 
 Ivords .It on ^^^.^^^^, 
 
 lolly venu^ved and uu 
 
 1 .• ^l^of the said Act is H 
 
 Ciunicipalit'y" 
 
 g /2>.] LIQUOB LICENSE ACT. 1229 
 
 A Section 58 of the said Act is amended by adding the '^ev. stut. 
 
 '■ 1 i' .11 ". 194, H, 68. 
 
 {ollowinjj; us sub-section Zb : — nnwudeu. 
 
 •V;. The purchaser of any intoxicating liquor from a person 
 
 wliois not licensed to sjdl the same, or any person who drinks 
 
 the premises liquor so purchased, at the time of the 
 
 uicliase thereof, shall be guilty of an oti'ence under this Act. 
 
 f. Sub-section 3 of the said section 58 is also amended by Rev. stat. ». 
 i„se,tiiig the words "or 26" after the words "sub-section 1 " im^ 'iel^^^' 
 J'tho third line thereof. 
 
 A Section 74 of the said Act is amended by inserting the '*«'• ^^t**- 
 following after the word "house," in the fourth line thereof : amended. ' 
 i-or between any licensed shoji and any store, shop, place, or 
 mises where groceries or other merchandise are void." 
 
 7 Section 85 of the said Act is amended by inserting the Hev. stat. 
 Jlowiug after the word "costs" in the fifth line: "And iuaied.^^' 
 Miult of payment thereof he shall be imprisoned in the 
 county "'m\ of the county in which the otFence was committed 
 (or a period not exceeding one month, and to be kept at hard 
 [labour in the discretion of the convicting Magistrate." 
 
 F 
 
 follov 
 
 ['ower to 
 
 aud 
 
 g_(l) In license districts where the second part of I'he^^^w 
 f(,,i.//(( Temperance Act is in foi-oe it shall be lawful for themMor Rev^* 
 council of any city, town, village or township at any time^^^'.^^y^^; 
 afiev a petition to the Governor in Council, as required by *2 pcudini,' 
 the said Act and amendmetits thereto, praying for the revo- c^rf Act 
 catum of the Order in Council passed for bringing the second 
 part of the said Act into force, has been deposited with the 
 sbeiitf or registrar of deeds of the county or city to pass 
 ibvlaws under sections 20, 32 and 42 of The Liquor License 
 icf; and all by-law? so passed shall take ett'ect upon, from 
 111 after the r»peal of the said second part of The Canada 
 mperaiice Act in any such municipality, and shall remain 
 I force as provided by the said sections ; and no by-law 
 Ireadv passed in any umnicij)ality under said sections 20, 
 'hud 42 of the said Liquor License Act or any of them 
 teiuent to the deposit of the said petition with the said 
 eriffor registrar during tlie year 1889, shall be invalid by 
 iMUonly of the same having been passed while the sectmd 
 rt of The Canada Temperance Act was in force or after 
 le dates mentioned in any of the said sections respectively. 
 
 (2) Nothing in this section contained shall be construed as 
 any way extending the powers of the said nmnicipalities 
 
 il i. i 
 
 I «■ 
 
 t: Vim 
 
 k 
 
1230 
 
 THE MUNICIPAL MANUAL. fg o 
 
 to pass by-laws under any of the said sections 20, 32 gnj 
 after the dates limited in the said sections respectivf i^ jn , 
 year subsequent to the year of the repeal of the said sep 
 part of The Caruida Temperance Act in any of such niun 
 palities. 
 
 ♦ »« 
 
 52 Vict cap. 42 
 An Act to amend the Public Health Act 
 
 Assented to 23rd March, 1SS9, 
 
 HER MAJESTY, by and with the advice and consents 
 the Legislative Assembly of the Province ofOntaii] 
 enacts as follows: — 
 
 M^rJlrS 1- ^^*"'>' Stipendiary Magistrate already appointed, 
 apim.'nted who may hereafter be appointed under the provisions of t\ 
 st^CcHn,' Unorganized Territory Act, shall be ex officio a medjcj 
 to be hfiiith health officer in and for the district for which he has I 
 
 or shall be appointed, and shall jjossess all the powers! 
 
 such an officer under the provisions of The Pnhlic JhJl 
 
 Act. 
 
 2. The Provincial Board of Health may also, subject I 
 tlie approval of the Lieutenant-Governor-in-CounciJ, iippoij 
 in any of the unorganized districts one or more fianiti 
 inspectors under The Public Health Act, who shall pa, 
 the powers conferred upon sanitary inspectors under , 
 Public Health Act, and also all the powers eonf erred up 
 local boards of health by section 14 of the said Act. 
 
 conntahiM 3. All constables appointed for any provisional judid 
 pVoTWon!.?' temporary judicial or territorial district under Th. 
 judicial and respecting Constables, chapter 82 of the Revised Statutes 
 trictHto" Ontario, 1887, shall be ex-offi,cio sp'iitary inspectors witij 
 o*han^"a7" same powers as sanitary inspectors appointed under 
 
 iuspcvtorH. A.ct. 
 
 Appoint- 
 ment of 
 Military 
 iiiRpectors. 
 
 Kev. Stat. 
 c. 205. 
 
l'" 1 
 
 ;„«1CIPAL MARTIAL. [«• 8 (2), 
 
 * the Baid sections 20, 32 and 42] 
 ""^k; said sections respectiv. r, in uny 
 ^"^ Tthe repeal o£ the said 
 year of the ^^^? ^^ ^^^^^ 
 
 ■ i] 
 
 J^Panceictinany 
 
 second! 
 municH 
 
 FIRE OUARDIAKS. 
 
 52 Vict. cap. 46. 
 
 1231 
 
 52 Vict. cap. 42 
 neud the Public Health Act. 
 
 Assented to ^3rd March, 1889. 
 
 . -vV. i-Vio advice awt consent «_ 
 
 be appoii^t^?^ ,, ^^ ^^ ^^ei„ a mediJ 
 
 r'«o^2/ ^''' lutrict for wtuch he Imbel 
 d ior tbe d^^""' ,,ess a\\ the po^ve^l 
 
 Ptur pvt::i^c^- ^^ ^''^« '^''^ H 
 
 « A of Health may also, siihjecti 
 Lial Board ^J ". -^.Council, appoi 
 L L^eutenant.^0 ^^ ^^^^^^^ ^, 
 
 Ifhe /*^*f'^tc ^; insnectovs under 
 
 Irred upon ^^^''^^ ^ conferred u, 
 L and also all the l ^ .^^ ^^^ 
 
 .;ith by section U ^^^^^^^^^ ^^^^^ 
 
 Lies appointed [o^ SrJr^er Tk 
 [ial or tern oaaWl ^^ ^^^.^^^ g^^^^j 
 
 ,fc?e8, chaptei »; .^ inspectors )^itlil 
 
 Are 
 
 hn Act to authorize the appointment of Fire 
 (}uiir(]ians, and for the better prevention of 
 
 bush tires. 
 
 Assented to 23rd March, 1889. 
 
 Kll MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 its as follows :— 
 
 ii__(l) The council of a township municipality may, onApp"'"*- 
 Lnetitioii of one-third of the ratepayeis of the municipality, "uTniil'.. 
 its first meeting in any year hereafter, or at a special 
 jptins to he called for the purpose, within two months after 
 lepiis'^ing of this Act, appoint by by-law not less than two 
 tideiit freeholders for each polling sub-division within the 
 junitipivlity to carry out the i)rovisions of this Act, 
 
 1(2) The persons so appointed shall be called and known as 
 Lg (YUMitiians," and shall hold otfice until the first meeting 
 [a new council elected after their appointment, and until 
 fcir successors are appointed. 
 
 ft \() iierson shall, after the passing of a by-law appointing Leave u- be 
 I i-iiardiiins vmder this Act, in any township, set out or "„';';"';;.';;'>'; 
 i fire 10 liny hrush heap or other combustible material in o^t^ «"'•*• 
 Itii'M. cleiirance, or place in such townshi,* where the same 
 Lid lie likely to s|)read, between the first vlay of July and 
 [tirst (lay of October in any year, without iiaving first 
 lined leiive in wiiting from one of the fire guardu.ns. 
 
 Tlie ohtaining of such leavf or permission in writing of ''«"*?. °ot'<» 
 
 r ^ „ " ,. , ,, , [ 111 • • be rclu'doj. 
 
 [iiniper fire guardian shall not be pleaded or given inmwptiongfor 
 ieiKC ill any action for negligently setting out fiie, or in n«K"8encH. 
 kuuaiioii of, or in mitigation of damages; luit tlu; absence 
 |cli 1' iive or permission shall, in such an action, be deemed 
 B/(i(,i« evidence of negligence. 
 
 It shall be the duty of a fire guardian .ippointed as J""*!'"''*'"" 
 
 : •' , "^ , ,' ' . by Are nuar- 
 
 paid, on being retpuisted to grant leave and permission Uian before 
 touttiie, to examine the place at which it is intended IfJ*^^'"'^ 
 
 ^ *ii^l 
 
 
 i ! 
 
1232 
 
 THE MUNICIPAL MANUAL. 
 
 Matters to 
 be provided 
 for in the 
 . by.iaw. 
 
 Penalty. 
 
 to set out the fire and the adjoining lands, and the timb* 
 trees and other pi-operty thereon, and to refuse such reques 
 and decline to grant leaver and peruiission if, in liis oinnior 
 it would not be safe by reason of the danger of fire spreadin 
 therefrom or otherwise. ' 
 
 5. The council of any township municipality may, in am 
 by the by-law, make provisions for the payment to the fih 
 guardian for his services, and tix the penalty to he impose 
 upon fire guardians and others refusing to perform 
 neglecting their duties under this Act or the by-law 
 contravening any provision thereof. 
 
 6. Any person setting out fire as aforesaid witliout leaii 
 and permission as aforesaid, shall be subject to a penalJ 
 not exceeding $100 for each offence, which penalty may 1 
 imposed and i-ecovered on information of any resitient rat 
 payer in the municipality before a Police Magistrate or U 
 Justices of the Peace sitting together, and iu default 
 payment of the fine or penalty and costs, the offender slj 
 be liable to be committed to the common gaol of the coun 
 with hard labour, for any [)eriod not exceeding six niontli 
 unless the fine or penalty and the costs of enforcing 
 same be sooner paid. 
 
 Application 7. The plaintifl' or complainant shall be entitled to 
 pena y. jjjQjgj.y ^f ^jjg penalty, and tlie other moiety shall be 
 over to the treasurer of the municipality. 
 
 ^PP"«""o" 8. This Act shall not api)ly to any portion of the Provi^ 
 which under chapter 213 of the Revised Statutes of Ont; 
 1887, may have been declared a fire district. 
 
 m <i^n fc 
 
IMUNICIPAL MANUAL. N A 
 
 the adjoining lands, and the timbeJ 
 by thereon, and to refuse such requestl 
 ^ave and permission if, in liis opinion 
 reason of the danger of fire spreadinj 
 
 iny township municipality may, in and 
 [provisions for the payment to tlie fir 
 [ces, and tix the penalty to be impose 
 
 and others refusing to perforni 
 les under this Act or the by-la^v 
 (vision thereof. 
 
 ing out fire as aforesaid without ]ea\i 
 bresaid, shall be subject to a penal] 
 or each offence, which penalty niav 
 d on information of any resilient rati 
 ality before a Police Magistiate or tn 
 ce sitting together, and in default , 
 or penalty and costs, the offender slJ 
 itted to the common gaol of the coiin 
 r any period not exceeding six montll 
 'penalty and the costs of enforcing 
 
 n- complainant shall be entitled to 
 Ity, and the other moiety shall be 
 r of the municipality. 
 
 not apply to any portion of the Prov 
 '213 of the Revised Statutes of OntJ 
 n declared a fire district. 
 
 I- IJ COKTAOroUi 
 
 « '>I8EASEs AMONG 
 
 ^2 VJct. cap. 47. 
 
 ^^iMAtS. 
 
 123a 
 
 I , ^^ Vict. cap. 47 
 
 Ad Act to amend the Acr fn 
 
 other DoiZtio''^''' '-^"^onTfln' '^^^^d 
 nestle Animals. ^ ^^^sea and 
 
 pR MAJESTY bv ^T''"^ '" ^^'-'^ March i, r 
 
 1. Section 8 of 7/,, a , ''''^ ""^ ^^^^no, 
 
 \m diseases aniono H^ *° Prevent t/ip ». 
 
 l™«rofanyanimaitiS '"""'"ipality mav -j 
 
 i 
 
 I, 
 
 m 
 
 li 
 
 I ( 
 
 IfSjrfi 
 
 v'H 
 
 
 i 
 
•>--*- 
 
INDEX. 
 
 ABANDONED OIL WELLS— See Oil Wells. 
 ACCIDENTS— See Fire. 
 
 ACCOUNTING FOR MONEYS. 
 
 Includes payment over of moneys, 184. {j) ^ 
 
 5'ee Assessment— Finance — Treasorers. 
 
 ACCOUNTS. 
 
 See Auditors and Audit— Finance. 
 
 ACTIONS. 
 
 At separation of New County, 43. 
 
 Change of venue upon dissolution of union of Counlies. 44, 
 
 After separation ot New County, 45. 
 
 Against Union after separation of Union, 47. (m) 
 
 Cannot be brought for acts done under by-laws until by-laws 
 
 quashed, 242. (A) 248. 
 May not be brought against persons acting under by laws, 248. 
 
 See Highways. 
 
 ACTS OF PARLIAMENT.— See Statutes. 
 
 ADDITIONS TO MUNICIPALITIES. 
 
 Adjustment of debts and assets upon, 47. 
 Who to vote where no voters' list includes, 75. 
 What voters' lists to be used for, 99. 
 
 ADJOURNMENTS.— Sec Meetings of Municipal Councils. 
 ADMINISTRATION OF JUSTICE. 
 
 Town to pay portion of expenses of, on separation from 
 county, 29. 
 See Justices of the Peace. 
 
 ADMINISTRATOR. 
 
 Cannot qualify upon estate of deceased, 58, (h) 747. 
 
 AFFIDAVIT. 
 
 Copies of defaulters list to be verified by, 95. 
 Recount may be ordered on application, supported by, 120. 
 To be made by relator inproceedings to set aside election, 139. 
 Evidence by, on proceetfings to set aside election, 147. 
 Evidence by, where bribery alleged, '03. 
 
 To be made by petitioner for scrutiny after voting on bylaw,235. 
 To be made by applicant in proceedings to (juash by-laws, 240. 
 Of applicant to quash by-laws, what deemed sufficient, 2''/l. {g). 
 See Declarations— Forms— Oaths. 
 
 ) ■ 
 
 ] I ;, 
 
 ' I 
 
 ! { I 
 
 '•■ l"Hl 
 
 !'• 
 
 VM 
 
1236 
 
 INDEX. 
 
 I'i 
 
 m"' 
 
 AFFIDAVIT OF JU8TIFICATI0N. 
 
 Upon recognizance of relator in proceedings to set aside election 
 
 142. 
 Form of, 143. (m). 
 
 Mav be administered by certain officers, 200. 
 To be subscribec* by person making, 201. 
 Pe ■ in tak'" ■ to ertify to, 201. 
 
 ACAK2S. 
 
 Mei ;/^w {>f ^' amcil to be deemed, 174. («>) 
 T an»-!i'!i' Iri 't-s carrying on business through, subject to pro. 
 viui u resp ■".'ng transient traders, 380. 
 At Elections. 
 
 May require Presiding Officer to swear voters, 87. 
 
 To be furnished with certificate entitling them to vote where 
 
 stationed, 104. 
 May vote on production of certificate, 1(14. 
 Objection to voter by, 106. 
 Deputy Returning Officer to mark ballot of incapable voter in 
 
 presence of, 109. 
 Deputy Returning Officer to open ballot-box and count votes in 
 
 presence of, 110. 
 Objections and counting of ballots to be noted, 113. 
 May ask for certificate of state of poll from Deputy Returniui? 
 Officer, 114. • * 
 
 If present may sign statement of result of poll, 114. 
 Disputes with Deputy Returning Officer as to state of poll to i;e 
 
 s'jttled by Clerk, IIG. 
 May be present at recount of votes, 121. 
 To aid in maintaining secrecy of voting, 125. 
 Duties may bo undertal-.en by candidate, 128. 
 To make declaration of secrecy at elections, 126. 
 What expressions referring to, shall mean, 126. 
 Non-attendanca of, not to ni validate proceedings at elections \i'. 
 What will constitute, in regard to bribery, 155. {y) 
 Not necessary that principal should authorize acts of, in order 
 
 to be held responsible, 155. {g) 
 Relation between candidate and agent that of master and 8«r 
 
 vant, 155. dj) 
 Bribery by, avoids election, 155. iff) 
 Agency a result of law, 155. {g) . 
 Wife interfering in election ipao facto an agent, 155. {g) 
 C&nvassing for anotlier candidate rebuts presumption of aeency 
 
 155. (g) 
 Ratification by principal equivalent to previous authority, 155, 
 
 A t Voting on By- Lnwu. 
 
 To be appointed by Head of Council, 1 H . 
 
 To be present at voting on By-laws, 223. 
 
 To make declaration that they arc interested iu By-law, 223, 
 
 To produce written appointment on admission to polling placet, 
 
 Who to act in absence of, 223. [223, 
 
 Tc receive certificates entitling them to vote whore stationed, 2:'i 
 
 May vote on production of certificates, 224. 
 
 To make declaration of secrecy, 234. 
 
 To aid iu maintaining secrecy, 234. 
 
INDEX. 
 
 1237 
 
 )BX. 
 
 ^* -^moa to set aside election, 
 
 ;or in proceedinRS to m^ 
 
 srtain officers. 200. 
 ,n making. 201. 
 0, 201. 
 
 .nsient traders, 38U. 
 
 )facer to swear vote^^S^^^ ^^^^ ^^^^^ 
 jertiftcate entitling ^" 
 
 , of certificate, K'4- 
 
 L'r -to mark ballot of incapable voter in 
 
 ,er to open ballot-box and count votes. 
 
 ng of ballotB *« Jf fiom bVputy Retuvnin, 
 B of state ot po" 
 
 tatement o!= jXl^^L^tf^talt of poll tok 
 LT Beturiung Utnter ». 
 
 coint of votes, 121. 
 g secrecy of votng 1^5 
 ^'.icn bv candulate, »*" „« 
 of secrecy at elections, m. 
 
 f,„ing ^^.t*t^p7ot"edings at elections, K. 
 ot touivalidatepr ^j.. (j,) 
 
 - "^ '•«^'iould authorize acts of, inord.r 
 principal snom" 
 
 ,„sible, 155. (g) J ^ of master and m- 
 
 iiuUdate and agent 
 
 alection, 155. (il) 
 
 ia.w, 155. .(£[) . ^„ agent. 155. (gj 
 briSl'-b^tspriumpt.^^ 
 
 presumption of agency, 
 ;hercanaiu»« 
 
 , , .„ ,,revioas authority, 155, (l) 
 cipaleHuivalenttoprevio 
 
 HeadofCoumnUV- 
 ,ting on By-l'^^v^; f^^ested in Bylaw, 223. , 
 
 ;\;fentinr;rs..^ontopoiun«gj 
 
 p;^athemto^owherestat.onea,.M 
 
 Ption of certihoates. -24. | 
 
 on of secrecy. -J4- 
 '.ining secrecy, ^i*- 
 
 Ao CULTURAL AND ARTS ASSOCIATION, 
 iiy-la^/s for granting aid to, 366. 
 
 A( '.CULTURAL ASb. CIATIONS. 
 
 Certain persona not to be liotused for time and place of Mmual 
 
 exhibition of, 391. 
 By-laws fo; aif^ .i^g, 355 ; Property of, exempted from taxation, 
 
 716. 
 
 ALDERMEN. 
 
 Three to be elected for every ward in cities, 63. 
 
 Qualification for office, 66. 
 
 Office of, a franchi^ " for life at common law, 77 (c). 
 
 Where and when to 'le nomiiiHted, 90. 
 
 By-law may provide lor nomination of in the evening, 90. 
 
 Provision where nomination day falls on Christmas day, 91. 
 
 Procedure to contest election of, 136. 
 
 May administer certain oaths, 200. 
 
 Penalty for refusing to accept othco oi make declarations, 201. 
 
 No property qualification required to act as Justice of the Peace 
 
 309. 
 To be Justices of the Peace in Cities, 309. 
 
 See Meetings of Municipal Councils ; Eleutions. 
 
 ALGOMA. 
 
 Certain provisions as to aiding manufacturers not to apply, 233. 
 
 ALGOMA. MUSKOKA, PARRY SOUND, NIPISSING, THUNDER 
 BAY, AND' RAINY RIVER. 
 
 Act respecting, not to be affected by Municipal Act, 621 . 
 Act for establishing municipal institutions in the districts of. 
 OnjanizatioH of Municipalities. 
 
 Inhabitants ma^ organize municipalities, 635. 
 
 Several townships may organize a union municipality in Rainy 
 
 River, 635. 
 Municipalities may withdraw from union, 635. 
 District Judge or Stipendiary Magistrate to call public meeting to 
 
 form municipality, 635. 
 Petitioners to make a deposit to meet expense of meeting, 636. 
 Judge or Stipendiary Magistrate to appoint cliairman, 636. 
 Chairman to report result of the meeting, 636. 
 Judge or Magistrate to arrange for first election, 636. 
 
 At least thirty freeholders or leaseholders to le in favour of 
 forming municipality, 636. 
 
 What officers to compose council, 636. 
 
 Qualification of officers, 636. 
 
 Qualification of voters, 636, 
 
 Nomination of candidates, 636. 
 
 Election by acclauiation, 636. 
 
 Notice to be given of time and place of holding poll, 637. 
 
 Foil book to be procured by returning officer, 637. 
 
 How poll b<M)k to be filled np. 637. 
 
 Returning officer to liave casting vote, 637. 
 
 Term of office of tirst members of council, 637. 
 
 Oath to be administered to voters, 637. 
 
 .If.'* 'i 
 
 i 'i'^ 
 
 1' I' 
 
 nh, 
 
 'i V 
 
 •Mi 
 
 
 >''! 
 
 r{:!;l 
 
1238 
 
 INDEX. 
 
 ALOOMA, MUSKOKA, PARRY SOUND, NIPPISSING, THUNDER 
 AND RAINY RIVER— (Continued.) 
 
 Keturning officer to declare who is elected, 638. 
 
 Name of muniuipality, 03K. 
 
 Tenure of office of councillors, 638. 
 
 Time and plooe of Hrst meeting of council, 638. 
 
 Council to appoint clerk, treasurer, and collector, and provide 
 remuneration, 638. 
 
 Clerk to transmit notice of f(5rmation of municipality to Provin- 
 cial Treasurer, 638. 
 Powera of CotinciU. 
 
 Councils may pass by-laws that township councils may nans, 638. 
 
 Power to pass by-laws as to oortaiii matters named in Municirxil 
 Act, 638. ^ 
 
 Asiessors, appointment of, 639. 
 
 To enter names of freeholders and householders in asscsi- 
 
 ment roll, 6.39. 
 To enter names of persons liable to income tax, 639. 
 To enter names of farmers' sons, 639. 
 To servo notices of assessment, 639. 
 
 Assessor to return roll to clerk, 639. 
 
 Appeal against assessment, 639. 
 
 Council to act as Court of Revision, 639. 
 
 Appeal from Council to Stipendiary Magistrate, 639, 
 
 When appeal to lie to district Judge, 640. 
 
 Time for appealing when decision of Court of Revision delayed 
 640. 
 
 Judge or magistrate to note pendency of decision on roll, 640. 
 
 Judge or Magistrate to certiiy decision to clerk, 640. 
 
 Notice of appeal to be left with clerk of Division Court, 640. 
 
 Time for giving notice of appeal, 640. 
 
 Powers of Judge or Stipendiary Magistrate, 640. 
 
 Roll as finally revised to bo roll of the municipality, 641. 
 
 Council to fix time for making assessment, 641. 
 
 Councils to levy rates, 641. 
 
 Expenditure of taxes in township unions in Rainy River, 641. 
 
 Collector, Council to fix time for making return, 641. 
 
 Powers of collector, 641. 
 
 Collection of arrears of taxes, 641. 
 
 Sales of lands for taxes, 641. 
 
 Mode and time for sale for arrears of taxes, 642. 
 
 Council to regulate tavern licenses, 642. 
 
 Councils of townships and villages to have power to grant cer- 
 tain licenses, etc., 642. 
 
 Appointment and removal of constables, 642. 
 
 Fees to constables, 642. 
 
 Appointment and fees of constables subject to approval of stipen- 
 diary Magistrate, 642. 
 
 Councils may establish lock up houses, 642. 
 
 Appointment of constable to have charge thereof, 642. 
 Appointment to be ratified by Stipendiary Magistrate, 843, 
 
 Certain sections of Municipal Act to apply, 643. 
 Elections after the First. 
 
 Who may vote, 643. 
 
INDEX. 
 
 1239' 
 
 who l8 electea, 638. 
 
 cortaui matters ui» 
 
 'eehoWers and houaoholders in asses.- 
 rsons liable to income tax, 639. 
 
 •mers' 8on«' Jf * 
 laeaaroent, t)JW- 
 
 clerk, 639. 
 
 It, 639.. 
 
 strict Judge, «w. j^gvision delayed, 
 
 1 decision ot L^ouri. 
 
 k4hSrof"wS"^-^* 
 
 making aBsesament, b4i. 
 
 1*1- . •««- in Rainv River, 641. 
 
 [taxea, 641. 
 fSrarreara of taxes, 642. 
 
 b'S- '"^^^« ^•^"" '' '"*" 
 
 P"of conatables, 642. 
 .fconatables subject to approval of. t.^»- 
 
 tock up to"»«t' ^nSce thereof, 0,42. 
 fjcipal Act to apply. 643- 
 
 ALGOMA, MUSKOKA, PARRY SOUND, NIPPISSINO, THUNl')ER 
 BAY —{Continuiil. ) 
 
 Freeholders, 043. 
 
 Income, 643. 
 
 Farmers' sons, 643. 
 Qualiflcations of oounoillors, 643. 
 
 Disqualitication in certain cases, 644. 
 Manner of conducting election, 644. 
 Provision where nomination falls on Christmas Day, 644. 
 Clerk to preside at nominations, 644. 
 Clerk to be retnrninff officer, 644. 
 When poll to be held, 644. 
 Term of offico of councillors, 644. 
 Trial of controverted elections, 644. 
 
 District Judges of Algoma may try, 644. 
 How TAcnncies in councils filled, 645. 
 Who to preside at meetings of councils, 645. 
 Reeves io be ex officio Justices of the Peace, 645. 
 PoUcf. Villaijes. 
 
 Lieuten mt-Governor, on petition may establish police villages, 
 
 64& 
 Provisions of Municipal Act to apply, 645. 
 Qualification of electors, 645. 
 When elections to be held, 646. 
 Qualificat.'cu of police trustees, 645. 
 
 Lieutenant-Governor may annex territory to municipalities, 646. 
 Algoma and Thunder Bay. 
 
 Judge to decide disputes as to validity of by-laws, 646. 
 Judge may enforce decisions by writ directed to Sheriff, 646. 
 
 See DisTK.vrrH— Parry Sound and Muskoka — Voters' 
 Lists. ^ 
 
 ALIKNATION OF PROPERTY. 
 
 when qualification not affected by, 60. 
 
 ALIENS. 
 
 disqualified for membenhip in municipal council, 56, 56. (&). 
 
 ALLEYS— -See Highways. 
 
 ALMSHOUSES— By-laws for establishing, 462. 
 
 AMENDMENTS. 
 
 General power of Councils to amend by-laws, 211. 
 
 May be moved against after a year from passing, 244. (m) 
 
 See AssEssMKNT— Liquor Licensks— Municipal Amend- 
 ment Act — Public Health. 
 
 AMENDS— See Tender of Amends. 
 [AMHERSTBURGH. 
 
 Certain provisions as to, excepted from repeal, 620. 
 
 [amusement, PLACES OF. 
 
 By-laws for regulating eeress from, 360. 
 By-laws for licensing and regulating, 391, 392. 
 
 tt. ! U 
 
 <v 
 
 V'il 
 
 AW 
 
1240 
 
 INDEX. 
 
 ANIMALS. 
 
 By-lawa aa tu throwing carcaaea of, into atreeta, fto. 380. 
 for regulating keeping of, 401. 
 for preventing the ohstniotion of atreota by, 43,1. 
 for prohibiting driving of, on certain atreeta, 443, 
 See Ckuki.ty to Animals — Domkmtio Animala— (>ami; am, 
 
 FUK-BRAKINO ANIMALM — PoUNUrt. 
 
 ANNEXATION. 
 
 Of village to county, 17. 
 
 Of land in adjoining county to town or city, 27. 
 
 Of incoriK)rated villagu to adjacent municipality, '20, 27. 
 
 By-law tor must be approved of by electora, 27 («. ) 
 
 Petition may be preaented requiring submiaaion of by-law, 28 
 
 Of new township to adjoining county, 31. 
 
 Adjuatment of uebta and aaaetj upon, 47. 
 
 ANN[;iTIE.S. 
 
 Diatinguidhed from gratuitiea, 206. (y). 
 
 ANTICIPATORY APPROPRIATIONS. 
 See By-lawh. 
 
 APPEALS. 
 
 See A.S.SE.S.SMKNT— Ditches and Watercoi'ii.sks — Do^iy 
 aor— LiQUt>R LioENSEs— Line FENcra— Votkrs' Lm-^ 
 
 APPOINTiMENT. 
 
 Distinguiahed from election, 135. 
 
 APPRENTICES. 
 
 By-lawa for preventing aale of liquors to 394. 
 
 ARBITRATIONS AND AWARDS. 
 
 Adjuatment of liabilitiea and aaaets of villages annexed to adjoin- 
 ing municipalities, 21. 
 Liability of town to county upon separation determined by, 2,5, 
 Terms of annexation of adjacent municipalities to be settlei 
 
 by, 27. 
 Amount to be paid by town to county on separation may k 
 
 settled by, 29, 30. 
 Aa to payment by towns for use of county property aft«r 
 
 separation, 30. 
 In default of agreement upon re-union of town with county, 31, 
 Liabilities to be settled by, on dissolution of union of towniiiipt, 
 
 o4. 
 Duties of, on dissolution of union, 34. ( ;) 
 As to debts and liabilitiea upon dissolution of uuion of countiei 
 
 40. 
 As to del)ts and assets upon extension of limits or annexation' 
 
 municipalities, 47. 
 Appointment of Arbitrators, 290. 
 
 To be in writing ami under seal, 290. 
 
 Appointment should be authorized by By-law, 290. (J) 
 Head of Council may appoint, 291. 
 
IMDBX. 
 
 1241 
 
 EX. 
 
 cMC-oMnto.tr.et..Ac.389. 
 
 ping of, Jpl. ^^ ty, 433. 
 
 ' •'•^^^f'Tnc tiiu -troeU. 443. 
 
 28. 
 
 fining county, d>- 
 i,iB8et3upo». *'• 
 
 tuitiea. 206. (o)- 
 ATIONS. 
 
 ,T. \V atbhcov rhks — Drain 
 
 Bction, 135. 
 g sale of liquors to 394. 
 
 ARl^^; .„ of villaires annexed to adjoin- 
 ties ami ftweta ot Mii»K 
 
 58. *2l- ..rntion tlctenuiued by.'i'i. 
 
 It„»„t„co«ntyon«.l«r.tto„..,U 
 
 r town with county, 31. 
 L,pou«ton.,o» of «..»»-'«'«»' 
 
 Cii m'^y •^vp""^'' 
 
 AKBITRATIONS AND AWARDS— (Con^mH^d.) 
 
 Either party may app<»int an Arbitrator aiul give notlos t(» 
 
 opponitt! party, 201. 
 How third Arbitrator to bo appointed, 291. 
 Provision where two or more nninicipalitioB interested, Ml. 
 If ennality of Arbitrators, Arbitriit«>r8 to appoint another, 
 
 In default of appointniont of third Arbitrator Lieutenant- 
 
 (lovornor to appoint, 292. 
 Third Arbitrator not to be ruuiirded as umpire, 291. {g) 
 Appointnient of second Arbitrator where party notified faili 
 
 to appoint, 202. 
 Where real property taken or injured by municipal oorpoia- 
 
 tions, 293. 
 Owner of property to appoint one Arbitrator, 293. 
 
 Head of ( 'ouneil to a])point a second Arbitrator and give 
 notice, 293. 
 Provision if owner of proiMjrty fails to name Arbitrator, 293. 
 Difference between Arbitration between municipalities and 
 
 individuals, 293. {1-) 
 Provision where several parties have distinct interests in the 
 
 same property, 204. 
 County Judge to appoint Arbitrators in certain cases, 294. 
 Persons distiuiililied from acting as Arbitrators, 295. 
 Nomination should bo in writing, 205. (ir) 
 Award to be made one month after appointment of third 
 
 Arbitrator, 295. 
 When authority of Arbitrator ceases, 29.*). (»/) 
 Mere euspicion of misconduct not sulHcient, 29."). (z) 
 Corrupt conduct of Arbitrator vitiatcH award, 295. (s) 
 O.ith of Arbitrator- when to be taken, 296. 
 Form of oath, 297. 
 Time of meeting to arbitrate, 297. 
 Arbitrator to bo judge of law and fact, 297. (d) 
 Court will not set aside award except for mistake apparent on 
 
 the face of it, 297. ('/) 
 Award should bo in writing, 297. (e) 
 Cojiies of award respecting drainage to be filed with Clerk and 
 
 registrar, 207. 
 Costs may be awarded by Arbitrators, 208. 
 
 Arbitrators not bound to award as to costs, 208. (gr) 
 Court will not review award as t<, costs unless amount 
 m.-inifestl' •xcessive, 208. (h) 
 Majority to decide > case of difi'erencfc of opinion, 298. 
 ^^)tes of evidence ad<^iced, to be taken and filed in certain CMes, 
 
 290. 
 Arbitrators acting on their own knowledge to put the statement 
 
 thereof in writing, 200. 
 Award to be binding in certain cases must be adopted byBy-law 
 
 within a certain time, 200. 
 Power of Courts on motions against awards, .300. 
 Award to be made by at least two Arbitrators, 300. 
 Awards to be subject to the jurisdiction of the Hi^h Court, 300. 
 Disputes as to share of expenses ol county buildings to be 
 
 determined by, 343. 
 
 156 
 
 > • 
 

 1242 
 
 INDEX. 
 
 ARBITRATIONS AND AW \B.D8 -(Continued.) 
 
 As to compenaatiou to be paid by cities and towns for use of 
 
 county buildings, 344. 
 Site for county buildings may be determined by, 344. 
 Matters to be considered by Arbitrators, 344 (c), 345. . 
 As to lands taken for parks, drives, See, 365. 
 Amount of compensation for lands taken or injured to be 
 
 determined by, 370. 
 Representatives of persons under disability may act in, 372. 
 County Judge to act alone where lands taken or injured by 
 
 cities in certain cases, 374. 
 Notice to be given where before one arbitrator, 375. 
 Fees of arbitrator in such cases, 375. 
 If amount awarded for lands not greater than amount tendered 
 
 costs may be given to Municipality, 375. 
 In case owner of land refuses to sell same for public ceinet«rv 
 
 383, 384. " 
 
 Differences as to connecting sewers of adjoining municipalities 
 
 may be settled by, 412. 
 Matters to be determined by Arbitrators in such cases, 412. 
 Upon purchase of Waterworks by municipality from company, 
 
 464. 
 To determine amounts to be paid for maintenance of bridge 
 
 betwee;. Municipalities. 506. 
 T'> apportion expense of clearing river forming Municipal 
 
 boundary. 507. 
 Person injured under illegal By-law need not resort to, 573. (hi) 
 
 See Draixaoe — Highway.s— Line Fences — Municipal 
 Amendment Act — Railways — Snow Fences— Toll 
 Roads. 
 
 ARBITRATORS— (See Arbitrations and Awards. 
 
 AREA. 
 
 Of towns and villages limited, 16. 
 
 How to be reckoned, 17. 
 
 Reduction of, not to affect municipal rights, 20. 
 
 When may be reduced by County Council, 19. 
 
 A R REARS— (See Assessm en t. 
 
 ARRESTS. 
 
 Sheriff not bound to call out posse comitahia when making, 348, {1} 
 , See Police -Constables. 
 
 ARTISANS— 5c« Public Libraries. 
 
 ART SCHOOLS— -Sec Public Libraries. 
 
 ASHES. 
 
 By-laws to regulate the mode of removal and safe-keeping of, 
 
 428. 
 How to be kept in police villages, 618. , 
 
 ASSAULT. 
 
 Punishment for when committed upon voter, 83. 
 
 
m 
 
 
 INDEX. 
 
 1243 
 
 iX. 
 
 ^(Continiied.) 
 ^ . ^A 4-nwns for u»eo{ 
 
 Xeo„.arbitr..»r.»;6. 
 ;M"J»>=-Pf/'Sm; for P»W"= '=™'"'' 
 
 i'IJ.„-e« of »aioW»e -»>">'«"»»*■ 
 
 I''- . 1 -.K.tnr. in B»di o««e«, «2- 
 *rXt*y ™"' "p»MJ ««"" ■""""■ 
 °^' be ,.UUor maintenance ofWdg. 
 
 'ir faring river lorming MunicipJ 
 
 „^^ not resort to, 573. (m) 
 legal By-law need no __ ^ ,, 
 
 TIONS AND AWARDS. 
 
 limited, 16' 
 
 fcct municipal rig^B. 20. 
 by County Council, 19. 
 
 [rABLES. 
 \.RIKS. 
 LiBRAlllES' 
 
 le mode o. removal and .aWe-pi..* 
 lice villages, 618. 
 
 conmitted upon voter, 83. 
 
 ASSENT OF ELECTORS. 
 
 Required to by-law separating Town from County. 28. 
 
 Required to by-law re-uniting Town to County, 30. 
 
 By-law requiring may be quashed at any time, 244! 
 
 By-law for creating debts must receive, 260. 
 
 Necessary to by-law in order to render debentures valid, 303, 
 
 oUo* \%} 
 To by -laws for aiding construction of Harbours &c., SS.'S. 
 Required to by-laws for granting aid to manufactures, 356. 
 Required to by-laws for aiding road, bridge, and harbour 
 
 companies, 358. 
 Required to by-laws for construction of gas or water works, 463, 
 Not required to by-laws to extend or enlarge such works, 463 
 
 See By-laws— Eliotors— Free Libraries. 
 
 ASSESSMENT. 
 
 Liability for, where union of municipalities dissolved before 
 collection, 48. 
 
 Not invalidated for nraut of qualification of assessor, 189. 
 Act respecting the assesameut of property. 
 
 Short title, 706. 
 Interpretation. 
 
 "Gazette." 
 
 " Township," 70«. 
 
 •• County council," 706. 
 
 «' Town " and " Village," 706. 
 
 " \Card," 706. 
 
 " Municipality " and '* Local Municipality," 706. 
 
 " Property," 706. 
 
 " Land," " Real Property " and " Real Estate," 706. 
 
 What may be deemed Land and Real Property, 707. (c) 
 
 •« Personal Estate " and " Personal Property," 707. 
 
 What deemed Personal Property, 708. 
 
 " Last Revised Assessment Roll," 708. 
 
 •'List of Voters," 708. 
 
 Uiioccupitd Laiids. 
 
 To be deemed lands of non-resi']ents, 708. 
 
 Owner may give notice requiring his name to be entered on roll 
 
 for such lands, 708. 
 Assessor has no authority to insert name of non-resident on roll, 
 
 708. (<) 
 Owner may apply to have his name inserted whether notice 
 
 given or not, 709. 
 Owner may apply to Judge to have name entered on voters' 
 
 list, 710. 
 Lands of railways to be deemed lands of residents, 710. . 
 
 Exception to this rule, 710. 
 Railway property taxable where situated, 710. (h) 
 Rolling stock deemed personal property, 710 {h) 
 
 Properly liable to Taxatio7^. 
 
 All taxes to be levied equally upon the ratable property when no 
 
 other provision made, 710. 
 Object of provision, 711. (t) 
 Rule of taxation to be uniform, 711. (») 
 
 \// 
 
 i 
 
 
1244 
 
 ASSESSMENT— (Con<iMMcd. ) 
 
 INDEX. 
 
 Illegal to discriminate between properties, 711. (i) 
 
 Where steamboats are taxable, 711. (t) 
 
 AH property in Province to bo taxable except where exemptod 
 
 Stock held out of the Province not liable, 712. {j) 
 
 Exemptions. 
 
 To be strictly constnied, 712. {k) 
 
 Illegal exemption will not avoid by-law, 712; (k) 
 
 Not a ground for an injunction, 712. {k) 
 Omission to assess certain property will not avoid "general agumii 
 
 ment, 712. (k) "' 
 
 No appeal necessary wliere property exempt by by-law, 712. lU 
 Property belonging to Her Majesty, 713- 
 Indian lands unoccupied or occupied officially, 713. 
 Property already charged not released on coming into hand* ni 
 
 Crown, 713. (I) "' 
 
 Property leased by Crown exempt, 713. (I) 
 Lands surrendered by Indians not exempt, 713. (I) 
 Occupant of government property if unofficial not exempt, 714 
 Places of worship and burying grounds, 714. 
 Public educational institutions, 715. 
 
 Not an absolute exemption, 715, (o) 
 Schools and other municipal erections, 715. 
 Public hospitals, 715. (/>) 
 Public roads and squares, 716. 
 Municipal property, 716. 
 
 Not exempt when rented, 716. 
 
 Object of this exemption, 716. (»•) 
 Provincial prisons, 716. 
 
 Poor houses, industrial farms, asylums, etc., 716. 
 Scientific institutions, 716. 
 Agricultural sdicieties, etc., 716. 
 Public libraries and mechanics' institutes, 716 
 Personal property and income of governors, 717. 
 Land, pay, salaries, and pensions of military and uaval officen j 
 
 / 1/. 
 Property of officers on full pay, 717. 
 Pensions under S200, 717. 
 
 Province cannot tax income of Dominion civil servant, 717. 
 drain, etc., hi. tnumtu, 718. 
 Farm horses, cattle, sheen, and swine held by f armer or mzieii I 
 
 718. ' 
 
 Income of farmers from farms, 718. 
 Income derived from capital liable to assessment, 718. 
 Persouiil property secured by mortgage or debentures, "IS, 
 Interest on mortj^iiges not exeir.pt, 718. (x) 
 Dividends only of i)ank stock to bci assessed, 719. 
 What necessary to confer power to tax bank stuck, 719. (y) 
 Stock in incorporated companies, 719. 
 Railro'id and buildiiif^ society stock, 719. 
 Interest and dividends from such ahares not exempt, 719. 
 Personal property owned out of the Province, 720. 
 Personal property to amount owed on name, 720. 
 
 ^3^j^ 
 
INDEX. 
 
 1245 
 
 sn properties, 711- (•) 
 
 : taxaWe «*««P* ^^*'" *''°'^''*' 
 ce not liable. 712. (J) 
 
 ^itrJjViUnoVavoid-general 
 property exempt by bylaw. 712. (I) 
 
 ;rtXtefrco'-«8 into bands oi 
 exempt, 713. (0 „. 
 
 ;yi„g grounds, a*. 
 
 itions, 715. 
 
 ,pUon, 715, («) 
 palerections, 71&- 
 
 !, 716. 
 
 Lte(l,7l6. 
 ption,716. (r) 
 
 arms, asylums, etc., 716. 
 Ll-s'institutes 716 
 
 lull pay. 717. 
 
 Le of Dominion civil servant, 711 (u) 
 
 L farms, 7 18- „^_^ja8ment, 718. 
 Lot exempt. '1»- * N 719. 
 
 Lompanies, 71J- 
 
 \ society «to'^^.' J * anot exempt, 719. 
 L from such shares h" ^ 
 
 P , \ ,«f the Province, iM. 
 lie.l out of the ri ^ 
 
 amount oweil on sani«. 
 
 to 
 
 ASSESSMENT— ( Contimied. ) 
 
 Personalty under $100, 720. 
 
 Personal earnings to 1700, 720. 
 
 Meaning of " income." 720. (d) 
 
 Income up to $1000. 721. 
 
 Exemption of clergymen's or ministers' stipends. 721. 
 
 Rentiu of real estate, 721. 
 
 Household efifects, books, and wearing apparel, 721. 
 
 Vessels. 721. 
 
 Person exempted on income need not avail himself of exemption, 
 
 R'^al property within but owned out of Province to be assessable 
 
 722. 
 Real property governed by lex ret sitae, 722. (k) 
 Personalty in control of agent for non-residei\c owner assessable 
 
 722. 
 Exemption of certain officers of superior courts abolished as 
 
 future appointments, 723. 
 Appointment of Assessors and Collectors. 
 
 Goanoils to appoint assessors and collectors, 723. 
 Clerk or treasurer not to act, 723. 
 
 Municipality may be divided into assessment districts, 723. 
 Ditties 0/ AMnese-ors. 
 
 Assessors to prepare assessment roll, 723. 
 
 Roll the foun<l."-tion of all proceedings with a view to election 
 
 taxation, 723. (h) 
 Assessors to set down names and additions of resident'., 724. 
 Names of non-residents to be inserted where notice given. 725. 
 Description of property assessable, 725. 
 
 On grant of several lots, each must be separately assessed, 725. I 
 Assessor to make entries as co births and deaths, 725. 
 Particulars to be set down in separate columns on the roll, 72;". 
 ^]ntries to be made of person qualiticil to vote, 725. {s) 
 Particulars to be contained in roll, 726, 727. 
 Evidence on which assessor to enter persons as separate school 
 
 supporters, 728. 
 Mode of assessing real property, 728. 
 Land to bo assessed where situate, 728. 
 
 Personal property to be assessed where business carried on, 728. 
 Personal property in such cases to be assessed against person in 
 
 possessicn or owner, 728. 
 Laud occupied by owner to be assessed in his name, 728. 
 
 Meaning of '• owner,'' 728. (v) 
 When land not occupied by owner but owner known, 729. 
 When occupani of such land to be assessed, 730. 
 WMiat may constitute occupation, 730. (x) 
 WHien owner not resident in municipality but resident in Prov 
 
 ince, 730. 
 When owner not resident in Province, 731. 
 When land assessed against owner and occupant, 731. 
 Ratepayer to be counted only once on list, 732. 
 Who liable for taxes, 732. 
 
 Tjand owned or occupied by several persons, 733. 
 Partnershij) property, 733. 
 
 or 
 
 '•) 
 
 i; t;. 
 
 1 r-;' i< 
 
 '''.', ■' '>^\ ' 
 
1246 
 
 INDIX. 
 
 
 '■tl 
 
 ASSESSMENT— (CoH<«merf.) 
 
 Assessment of property of company 'or separate school purpogei 
 
 7oo* 
 Company to give notice to clerk as to application of school nfA. 
 
 734. "•' 
 
 Form of notice, 734. 
 " Company " to include any body corporate, 736. 
 When tenants may deduct taxes from rent, 735. 
 Effect of tenants' verbal agreement to pay taxes, 735. (/«) 
 Assessor to note non-residents if required on roll, 736. 
 How property to be estimated, 736. 
 How " mineral landa " estimated, 737. 
 Vacant land, what shall be deemed, 737. 
 Assessment ot vacant land, 737. 
 
 Railway companies to furnish statements to' clerks, 738. 
 How assessors to proceed as to non-resident lands, 739. 
 Mode of assessing personal property, 740. 
 How persons to be assessed for income from trade or professinn 
 
 740. • 
 
 Beneficial owner of shares may be assessed, 741. 
 Personal property owned by non-residents to be assessed 741 
 Personal property assessable where situate, 741. 
 Exception as to dividends, etc., payable to person out of the 
 
 Province, 741. 
 Personal property of companies, 742. 
 Exemption of personal property of banks, etc. , invested in certain 
 
 enter])ri8es, 742. 
 
 Shareholders of sucli companies to be assessed for dividends 
 742. 
 Partnership property, 742. 
 What will be deemed place where partnership business c « ^rl 
 
 on, 742. (a) 
 Partnerships having more than one place of business, 743, 743. ia 
 Where parties carrying on trade, etc., to be assessed for peisonal 
 
 property, 744. 
 Salaries, etc., to be assessed at place where earned, 745. 
 Place of assessment of salaries of government and municipal 
 
 ofhcers, 745. 
 Personalty of non-residents in hands of agents, 746. 
 Joint owners each to be assessed for his share, 746. 
 Personalty in hnnds of executors, etc., 746. 
 Trustees, etc., to have representative character designated ou i 
 
 roll, 747. 
 Administrator cannot qualify upon property held by him assuch j 
 
 747. " 
 
 Necessary information to be given by persons aseessable, 747, 
 Stuteivent to Ihj delivered by companies to assessors when re-; 
 
 quired, 748. 
 Statements furnished to assessors not to be binding on them, 74il 
 Penalty fur refusing statement or making false one, 749. 
 Assessors tr* make inquiries before iissessing to pre^'euI niakiujj 
 
 of false votes, 749. 
 
 (See 52 Vic. Cap. 40 sec. 5 p. 1226). 
 
 Prosecutions for neglect of such duties, 750. (j) 
 Asic.'ssorf? give notices of amount of assessments, 750. 
 
 

 INDEX 
 
 1247 
 
 ipany ^or separate school purpose., 
 ck as to application of achool rate., 
 
 5ody corporate, 736. 
 
 jd, 736. 
 iated,737. 
 fleemed, <•''• 
 
 ^foHS Je^rom trade or profession. 
 r,Li!r:SttIt assessed, 741. 
 
 ipe%' of blanks, etc.. invested in certaiu 
 companies to be assessed for dividemK 
 
 fee where partnership business cr^a 
 
 „ «1ape of business, 743, 7\3. (c) 
 P ^^*"i °"T to be assessed for veronal 
 Ln trade, ew. « "" 
 
 , i. ior.« where earned, 745. , 
 
 ,ed at place ^htr^.^^^^^^^ ^^^ ^^^^^^^^p^l 
 
 salaries oi o 
 
 t-d?51f^:- 
 
 r . A.« nersons assessable, 747. 
 
 L be given ^y P^Jf ^ ^^gessors when re 
 Ired by companies lo 
 
 «nf to be binding on them, '48. 
 p assessors noU^^j^l^, ,„^, 749. I 
 
 ftement or '»»«'"*6. to prevent makmJ 
 Lies before assessing v i 
 
 ASSESSMENT— (Coji<in««rf. ) 
 
 (See 52 Vic. c. 40 sec. 4 p. 1226). 
 When roll to be commenced and completed, 751 
 Non-retum of roll by day named does not invalidate assessment, 
 
 Assesaor to attach certificate to roll on oath, 751. 
 
 Form of certificate, 751. 
 Time for assessor to deliver roll to clerk, 762. 
 Roll to be thereupon filed by clerk and open for inspection 75'> 
 
 (Amended by 52 Vic. c. 40 sec. 7 p. 1227). ' *" 
 
 Penalty for making false entries in or omission from roll 753 
 
 (See 52 Vic. Gap. 40 sec. 6 p. 1226). ' 
 
 By-laws for taking assessment at other times in cities and towns 
 
 and villages, 753. 
 
 (Amended by 52 Vic. Cap. 29 sec. 1 p. 1220). 
 Time for revision and final return by Judge in such cases, 764. 
 Payment of taxes by instalments, 754. 
 
 (Amended by 52 Vic. cap. 39 sees. 2, 3. 1221.) 
 Cpunty councils may pass by-laws for taking assessments in local 
 
 municipalities, 755. 
 Time for revision and final return by Judge in such cases, 755. 
 
 Court o/Revmon. 
 
 Powers of court of revision discussed, 765. (</) 
 
 When council consists of only five members whole council to be 
 
 court, 755. 
 When council consists of more than five members, 758. 
 Oath of members, 759. 
 Quorum, 759. 
 
 (."lerk of municipality to be clerk of court, 759. 
 Meetings of court, 759. 
 Jurisdiction of court, 759. («) 
 Court to try all complaints, 759. 
 Administration of oatlis, 761. 
 Compensation to Ije tendered to witnesses, 761. 
 Penalty on witness for non-attendance, 761. 
 Notice f complaint to be given by party aggrieved, 761. 
 Time within which such notice must be given, 762. 
 (Computation ot time, 762. (j;) 
 
 Electors may complain of assessment of others, 762. 
 Notice to be given to party complained against, 762. 
 Clerk to post up list of complaints, 763. 
 Order of hearing appeals, 763. 
 Any appeal may l)e postponed, 763. 
 Form of list of appeals, 764. 
 Clerk to advertise sittings of court, 764. 
 List of complaints to be left with assessor, 764. 
 Form of notice to party complained against, 764. 
 Notice to be left at residence of such person, 765. 
 What deemed suHicient service, 765. (y) 
 Service on abser.tees, 765. 
 When notices to be completed, 765. 
 
 Clerk entitled to assistance in effecting service of notices, 766. 
 Proceedings on complaint of overcharge on personalty. 766 
 When unnecessary to hear persons on oath, 767. 
 
 ^k-:M 
 
 ■'\m. 
 
 si 
 
 -■•* J 
 
1248. 
 
 INDEX. 
 
 73, (/I 
 
 ASSESSMENT- (Continued. ) 
 
 When court may proceed ex parte, 767. 
 Extension of time for making cumplainta, 767. 
 Business to be finished by 1st July, 76S. 
 Provision as to Shuniah, 768. 
 
 Whole question of assessment may be re-opened by court, 708, 
 . Court or Judge to place accurate assessment on roll, 768. 
 This provision is imperative, 768. ( p) 
 Roll finally passed to be oinding, notwithstanding errors iu it or 
 
 in notices, 769. 
 Certified copy of roll to be evidence, 770. 
 Further power to remit or reduce taxes, 772. 
 
 A ppeah from Court of Revision to County Judge. 
 
 Appeal to County Judge, 772. 
 
 Notice of appeal to be given by parties complaining, 773. 
 
 Judge should <:ontinc himself to limits preaurined by statute, 
 
 Provision as to notice in Shuniah, 775. 
 
 Clerk to forward list of appeals to judge, 775. 
 
 Judee to notify clerk of day for hearing, 775. 
 
 ClerK to post up list of appeals, 775. 
 
 Contents >ii notice to he posted, 776. 
 
 Clerk must bo clerk of the court, 776. 
 
 Power to adjourn court from time to time, 776. 
 
 When aj peals must be dcbermiued, 776. 
 
 Provisioi* for Shuniah, 776. 
 
 Judge may receive fresh evidence on appeal, 770. (:) 
 
 AsbJssmcnt roll to be produced to court and amended, 777 
 
 Juc'U'e to initial amendment, 778. 
 
 Cleric to certify amendments, < 78. 
 
 Alteration by Judge without jurisdiction, of no effect, 778. 
 
 Powers of County Juilge on appeals from Court of Revisioi 
 
 Style of proceed i II i;a, 778. 
 
 Apportionment of costs and enforcement of payment, 778. 
 
 Costs to he taxed on Division Court scale, 779. 
 
 Judge's tiecision to he fin'vl, 779, 779. (h) 
 
 Prohibition wliere jurisdiction defective, 779. {h) 
 
 Proceedings for prohibition, 779. (h) 
 
 Clerk to transmit gopy of roll to county clerk, 781. 
 
 Appt.iis in cusea involving large amounts or questions of law 
 
 Non-resident Appeals. 
 
 Appeals in respect to non-resident landr, 784. 
 
 Assessment roll not conclusive in respect to non-resident lanil.4, 
 
 784. (k) 
 Sub-divisioit of lots not to affect revised and corrected roll. 'M. 
 
 Kifualhation of AssessmftUs, 
 
 (Amended by 52 Vic. cap., 39 sees. 4, 5, 6, 1221.) 
 Annual exaniination of assessment rolls by councils and for what 
 
 purpose, 785. 
 Courts will not interfere as to reasonahlenesa of valuation, 7St). (r) 
 Appeals by local municipalities, 787, 
 Provincial Secretary to be notified of objection, 787. 
 Lieutenant-Governor to appoint Court for hearing appeal, 7S7. 
 
 Quorum, 789. 
 
 1. ;7s. 
 
 I-, iS'J. 
 
 '^■■:'Mm 
 
'mlrl 
 
 ..& 
 
 INDEX. 
 
 1249 
 
 (') 
 
 %rte, 767. 
 complaints, 7b7. 
 
 July, 769. 
 
 „,ay be re-opened by court, 768. 
 
 aTelsBeBsment on roll, 768. 
 
 KgllSatfitandingerrorsiuitor 
 
 ndence, 770. 
 iduce taxes, 77- 
 
 aniab, 775. 
 
 eals to judge, 770. 
 
 ^ for hearing, 77o. 
 
 eals, 775. 
 
 sted, 776. 
 
 court, 7/0- ,.-/, 
 
 ,tn time to time, nb. 
 
 ermined, 77o- 
 
 It, 778. 
 
 "*^' .'' '^' rM\c,n of no effect, 778, M 
 
 rai;":?BtomYw 
 
 ,A enforcement of payment, 778. 
 non Court scale, nJ. 
 
 ,rfect revised .ml aorr«ct.<i™n.:« 
 
 f''"lM'I"f objeotio", TST. . 
 
 :,^intCotu'orl.eanng «"'.■*' 
 
 ASSESSMENT— (Coji^inwerf. ) 
 
 Appeal not to be adjourned beyond let August after notice of 
 
 appeal, 788. 
 Municipalities may agree to County Judge determining enualiza- 
 
 tion, 789. * * 
 
 Report of county valuators to be open to review, 789. 
 Effect of clerk of municipality omitting to send copy of roll, 789. 
 Valuators to attest their report on oath, 790. 
 Basis of apportionment cf county rates, 790. 
 What rolls should be used for this purpose, 790. (z) 
 Provision in case of new municipalities, 791. 
 New as well as old municipalities to contribute to county rates 
 
 791, (a) ' ' 
 
 County councils to apportion sums required for county purposes, 
 
 County clerk to certify amounts to clerks of local municipalities 
 
 792. 
 Act not to affect provisions for rates to raise interest on county 
 
 debentures, 792. 
 
 Statute Labour. 
 
 Who liable and in what proportion in cities and towns and 
 
 villages, 793. 
 Power to reduce or abolish payments in lieu of, 793. 
 Where trt be performed, 79.3. 
 
 Liability of persons not otherwise assessed in towasliips, 794. 
 Power to reduce or iibolisli statute labour, 794. 
 Ratio of service in case of persons assessei'i, 794. 
 Council njay reduce or increase nu-nber of days proportionately, 
 
 794. 
 Lota sub-divided into park lots, etc., 794. 
 Charge against lot wlierc party non-resident, 794. 
 CcJinmutation of, 79.5. 
 If no commutation amount for non-residents, to be ?1.00 per day, 
 
 79.'). 
 Farmers' sons liable to statute labour, 79.". 
 Piiymeut of commutation liow enforced, 79f>. 
 Summary conviction in default of distress, 796. 
 Penalty for non-performance .of statute labour, 796. i 
 
 Application of penalties, 797. 
 
 When non-residents not allowed to perform statute labour, 797. 
 When non-residents allowed, but do not perform statute lab<^>ur, 
 
 797. 
 Amount of non-residents' statute ^ibour. 797. 
 Kesideut may perform .sbafliutw labour in division in which he 
 
 resides. 797. 
 Wliere resi<lent owner makes default in performance, 798. 
 Overseer to expend commutation money, 79>S. 
 Utatute Labour in Unincorporated Townshipa— Road Commiamoners. 
 Meeting to elect road commissioners, 79H. 
 Calling meeting where person required fuils to call it, 799. 
 Notice of meeting to be postetl six days previous, 799. 
 N'uniher of commissioners, 799. 
 Wlio to be chairman of meeting, 799. 
 Mode of voting to be determined by land owner* preswrt, 799. 
 
 157 
 
 5- (; 
 
 
.1260 
 
 INDEX. 
 
 
 ASSESSMENT-(CoH<<H«erf.) 
 
 Secretary to record names of voters, 799. 
 Swearing persons objected to as \'(>ters, 799 
 Term of office of commisaioners, 800. 
 When commissioners to hold first meeting, 800. 
 When statute labour to be performed, 800. 
 Ratio of service by owners nnd locatecs of hind, 800 
 Commissioners to oversee work, 801. 
 Commutation of statute labour, 801. 
 Meeting for election of new commiasiouers, 801. 
 Penally for neglect to do statute hil)our, 801. 
 Penalty on commissioners for non-perfoiinanco of duties, SQI 
 Collection of Rateit. 
 
 Clerks to make out Collectors' rolls, their form, 802. 
 Statement tf aggregate amount, no compliance with statute, 802. (M 
 Provincial tixes to be assessed and levied in same inanncr as 
 
 local ratos, 804. 
 When clerk to deliver roll to collector, 804, 
 Collector not bound to act on uncertified roll, 804. (< ) 
 Clerk to make out roll of nou-resideuts not on assi anient roll 
 
 804. 
 
 Roll to be transmitted to treasurer, 804. 
 What non-residents' roll must show, 804. {/) 
 
 ColUdorM and their Duties. 
 
 Collectors ra receiving roll to proceed to collect t;ix«;s, HO'k 
 
 May not accept notes or security in lieu of taxes, 80."). («/) 
 
 Collectors to serve demand for taxes in cities uml t()\Mi.s.\sor). 
 
 In places other than cities and towns, 805. 
 
 Demiui'l necessary to validity of aubseciuent proceedings, oOO. (/*) 
 
 Kntrj' on roll to be evidence of demand, 800. 
 
 In default of payment, to levy taxes by distress and .s.ilc, 8(l(i 
 (Amended by 52 \'ic. cap. 39, sec. 89, 1222.) 
 Collector may levy by agent, 806. (/•) 
 Form of warrant of distress, 800. (X) 
 Liability of -j^Uector for acts done by agent, 800. (k\ 
 What goods liable to distress, 808. (o) 
 
 Levying taxes under warrant of mayor, etc., where piiity aliout 
 to remove goods, 808. 
 
 Proceeding by collector in case of non-residents, 809. 
 
 When collectons may distrain for rates on non-resident lands, 809. 
 
 Demand a con<litioi: precedent to distress, 810. (r) 
 
 How far distress '.las priority over executions, 810. {ii) 
 
 Public notice of sale of chattels to bo giveni, 811. 
 
 EfiFect of errors in advertisement, etc., upon title of purchaser 
 811. (»') 
 
 Surplus if unclaimed to be paid to person in possession of goods 
 811. 
 
 Collector may sue purchaser for price, 811. (x) 
 
 Surplus may be paid to person liable for taxes if his claini ad- 
 mitted, 812. 
 
 When right to surplus in dispute, inoney to be paid to treasurer,] 
 812. 
 
 Taxes may be recovered by suit as a debt due municipalit}, Ijli 
 
 When right to sue accrues, 812. (d) 
 
 

 INDEX. 
 
 1261 
 
 ters, 79fl. 
 voters, <«" 
 
 at lucetni^, 800. 
 
 lociitecs of laml. 800 
 801. 
 ;„ui98iouer8, 801. 
 
 J;ranTrevTcd "u s.u>e u.anuer as 
 cnUectoi;, 804, 
 
 LvY taxes uy ^'""' ..,.,., v 
 
 I „s„iit. soil- '^> 
 
 liseuient, et^-» "V 
 
 .e paid to person in possession of go«a,, 
 
 Lisp«te,.noneyto.epauUoU— I 
 .,ys«ita.adeUa«e»umicu.al>t>,SU. 
 lues, 812. (d) 
 
 ASSESSMENT— (CoH<iHMerf.) 
 
 Coiloi^tor's roll to bo evidence of doht, 812. 
 
 When roll to be returned by oollentor, 813. 
 
 Riuht of collector to distrain after time for return ot roll, 813. (/) 
 
 Roll to be verified l)y (Kith ot collector, 814, 
 
 Collector to pay over to treasurer amount collected, SI4. 
 
 Entries made by collector, evidence against his auretii-s. 814. (<<) 
 
 Collection of taxes uncollected by day for return of roll, 814." 
 
 Limitjition of time to exercising this power, 815. (A) 
 
 Resolution of council not to aflect liability of collector, 816. 
 IWdaws for tixing tiine for return of collectoi's roll in cities, 815. 
 VVlien taxes are unpaid and cannot bo collected, 815. 
 Clerk to mail notice to person lialde to such unpaid taxes, 816. 
 Collector to be credited with amounts unpaid and uucoilected, 
 
 816. 
 Taxes accrued on land to be a special lien thereon, 8 Hi. 
 Latnls (jranted by the Crown. ' 
 
 Commissioner of Crown lands to furnish county treasurers with 
 
 annual list, 817. 
 Liability of unpatented lands to taxation, 817. (?i) 
 County treasurers to furnish lists to local treasurers, HIT. 
 
 Arrmra of Taxes— Duties of Treasurers, Clerks, and AKsessors in rela- 
 tion thereto. 
 
 Lists of lands in arrears for three years to be furnished to clerk 
 
 of local municipality, 818. 
 When taxes to be deemed in arrears for three years, 81i). 
 Compliance with this provision essential, 819. («) 
 Clerks to keep lists open for in8i)ection, 8H). 
 Clerk to give copies of lists to assessors, 811). 
 Assessors to verify and correct lists, 819. 
 Assessor to notify occupants, if any, 819. * 
 Form of assessor s certificate on lists, 8^20. 
 Clerk to notify county treasurer, if lands occupied or incorrectly 
 
 described, 8'20. 
 County treasurers to return account of arrears of taxes to clerks, 
 
 820. 
 Clerks to add arrears of tajces to coUectore" lists for current year, 
 
 821. 
 Collector to return amount of arrears collected or uupaiil on his 
 
 roll, if not suHicient distress, 821. 
 Local treasurer to return statement of all unpaid taxes to county 
 
 treasurer, 822. 
 Lial)ility of lands to sale if arrears not paid, and when, 822. 
 Penalties on clerks and assessors neglecting duties, 82,3. 
 After return of collectors' roll, who may receive taxes, 823. 
 After statement returned to him, couixty treasurer is to collect 
 
 all arrears, 824. 
 Municipalities may remit taxes due on non-resident lands, 824. 
 Bydaw remitting taxes to be sent to officer collecting, 825. 
 Wliole amount of taxes due to l)e ])aid at once, 825. 
 Tre;i8urer may receive part upon satisfactory proof of sub-division 
 
 of land, 825. 
 Adjustment of taxes in case of sub-division, 825. (q) 
 Treasurer to furnish written statement of arrears on demand, 826. 
 
 f[:\ ■ 
 
 ■'I r 
 
 fill 
 
 .'(.':,: 
 
1252 
 
 INDEX. 
 
 _ I, .fafninen 
 
 vcritioa, 828. ^ ^o arrearB at annnai 
 
 T-rAaanrcr to add ten per ctjn-. 
 
 resident lands, 828. collector to levy, H'29. 
 
 '^'X^gligM'Sc crown. 831. 
 
 ^•^'^;^.rt;£li;::^^^^ tl.ee ye.. . 
 
 Warden to direct treasnrci l.y ^^^ 
 
 Ift"*^- . „. for time mcntiniied oi aa**- '" b . 
 
 Taxes must be in a^-'-^f'^, "[„S"e b.Uc. h32. (0 
 What may be deemed V « "£ ,,{ hH:v (;,) 
 i .regularities in >J'f »''">{' "^^fot^ing coUocti.m, 834. 
 {ly.&ws tocxtendt.me^or e|d._.^^K^,^ ,,^ ,,,, g, «34. 
 
 Provision for sale of laml ,1 
 
 Kxneases of sale to he adiU^^^^^^^^ 
 
 'Ireasurcrtosellmproii'' 
 
 Mode^ '^fi^'V^lS'nSto bind .s to --^^tSi^^'^- W 
 
 ^^^^:r^r-^:;:..es.df..- 
 
 Treasurer only to sell ^^, 
 
 841. 
 
 only to BBu »»"-■ • „,q 
 
INDEX. 
 
 1253 
 
 pnt toftvrears^ 
 vown, 831- 
 
 """ "uo.«vy-"'■^•*'°"' 
 r\"f T to arrears. SS'- 
 
 |,U„t»rest»n« • ,„,„ey,8*'- 
 
 ASSESSMENT— (Co)»<i«H«Z.) 
 
 Cortificftte must correctly doscriho land, 842. (e) 
 Contonta of cortiticate, 842. 
 
 liights and intoreHt of ijurchiiHur liolding certiHoate, 842. 
 I'urclmser not to commit waste, b42. 
 Certificate a defence to action of ejectment, 842. ( ;) 
 Purchaser not liable for damage done without hi» knowledge, 843, 
 Tender of arreara causes cessation of purchaser's rights, 843. 
 Treasurer's commisaion on sales, 843. 
 ConnuiHsion to be added to arrears, 844. 
 
 Sutliciont description to lie given in certificates and deeds, 844. 
 Treasurer may search registry office to ascertain description, 845. 
 May obtain surveyor's description, 846. 
 Surveyor's fees, 846. 
 Treasurer entitled to no other fees, 846. 
 f{ight to redeem land witliin a yt.ir from sale, 846. 
 Wno may redeem, 846. (r) 
 
 Time within which person entitled may redeem, 846. (s) 
 What deemed sufHcient payment or tender, 846. (0 
 Treasurer to give receipt for redemption money, 848. 
 Ueceipt to be evidence of redemption, 848. 
 Deed to be given to purchaser on failure to redeem, 848. 
 Treasurer and warden to execute, 848. 
 Who to be deemed "treasurer " and " warden," 848. 
 Contents and effect of deed, 849. 
 Not invaliilated by error as to taxes in aiTon r, 849. 
 Deed to be registered within eighteen months from sale, 849. 
 Registration of deeds, S.'iO. 
 
 No proof of execution necessary, BoO. (/) 
 
 I'roof necessary on registration of sheriff 's deeds before 1851, 
 
 850. 
 Proof necessary on registration of sheriff's deeds from 1S51- 
 1866. 851. 
 Trea8uri>r to enter a description of lands conveyed in a book, 851. 
 Deed to bind former owners, if land not redeemed within one 
 
 year, 852. 
 What may avoid deed for irregularity, 852. (p) 
 Treasurer should not himself bo a purchaser, 852. (;>) 
 Where deed to be valid as against all parties, 855. 
 Deed not valid where no taxes in arrear, 855. (7) 
 Defective description not cured, 855. (q) 
 When two years deemed to have elapsed, 856. (>•) 
 Ilepeal of authority or change of treasurer not to invalidate deed, 
 
 856. 
 Right of entry adverse to tax purchaser in possession, not to be 
 
 conveyed, 857. 
 When conveyance void for uncei'tainty, 857. 
 
 Purchaser to be allowed for purchase money and improve- 
 ments, 857. 
 Plaintiff to pay for improvements, 858. 
 Purchaser may elect, to retain the land, pjiying its value, 858. 
 When purchased not to be indemnified, 80S. 
 When plaintiff not owner in fee, purchaser may pay value into 
 
 Court, 859. 
 Wlien purchaser not tenant in fee, value of improvements to be 
 paid into Court, 859. 
 
 
 I '1. 
 
 
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 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716)872-4503 
 
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 26 
 
 i 
 
 
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 ■^ 
 
 * 
 
1254 
 
 INDEX. 
 
 ASSESSMENT— (Con^wwed. ) 
 
 Any other person interested may pay in value assessed if defend- 
 ant does not, 859. 
 Lien of person so paying, 859. 
 
 How owner to obtain value of land paid into Court, 860. 
 
 How value of improvements may be obtained, 860. 
 
 Costs where value of land or improvements in question, 860. 
 
 Tax purchaser whose title invalid, to have lien for purchase 
 money, 861. 
 
 Contracts between tax purchaser and original owner continued 
 862. 
 
 Right of owners in occupation of lands sold not affected, 862, 
 
 Remedies of purchasers continued, 862. 
 
 Meaning of "tax purchaser," and "original," 863. 
 
 Deficiency from non-payment of certain taxes. 
 
 Deficiencies to be supplied out of the funds of the municipality, 
 863. 
 Arrears in Cities and Towns. 
 
 Treasurer and mayor in city or town, to act as treasurer and 
 
 warden of county, 863. 
 Treasurers of counties, cities, and towns to give triplicate receipt 
 
 for taxes, 864, 
 Receipt books to be audited once a year, 864. 
 
 Arream in Neiu Municipalities. 
 
 On incorporation of a town, county treasurer to transmit list of 
 
 arrears to town treasurer, 864, 
 How arrears to be collected where new municipality formed, 864. 
 Who to enforce collection, 8G5. 
 Where return made to county treasurer before separation, 865. 
 
 Non-Resident Land Fund. 
 
 County council may by by-law provide for formation of, 866. 
 
 Where no such by-law passed, 866. 
 
 Treasurer to open an account for fund with each local munici- 
 pality, 866. 
 
 Account for junior county to be opened on separation, 867. 
 
 Collection of non-resident taxes in new municipalities, 867. 
 
 Appropriation of fund, 867. 
 ' Debentures may issue on credit of fund, 867. 
 
 Treasurer to be answerable for custody of debentures, 868. 
 
 Warden and Treasurer to negotiate debentures, 868. 
 
 Enforcing payment of debentures, 868. 
 
 Surplus of fund may be appi'opriated among municipalities, 869, 
 
 Treasurer may be paid a percentage on fund, 869. j 
 
 Annual statement of fund to be submitted to council, 869. 
 Contents of statement, 869. 
 
 Copy to be transmitted to Provincial Secretary, 869. 
 All arrears to form one charge on land. 
 
 All arrears however arising, to form one charge on land, 870, 
 
 Responsibility of Officers — Penalties. 
 
 Security to be given by treasurers and collectors, 870. 
 Bond to be given with sureties, 870. 
 To who;ii bond should be made, 870. {b) 
 

 INDEX. 
 
 1255 
 
 , pay in value assessed if defend: 
 
 SdpaUUnto Court, 860. 
 r^'°^S'A question, 860 
 
 ivalid, to "'''' 
 
 ,,^d original o»n-contm«ecV 
 
 „n.n.l. .old »o. affected, 862, 
 
 It'trtofunds of the mumcip.«ty, 
 
 ., „ to«n, to act as trea..«r and 
 
 ,,„, town, to give tripl«"«''' 
 
 1 once a year, 864. 
 „conntyt«»«.tot.an.n,.«.t. 
 
 n£newn.n«cipaUtyfo™ed,8«. 
 
 8'^^ .„rer before separation, 865. 
 ,„ty tveasarer u 
 
 ,,„ provide for formation of, 866. 
 Hf« iund »ith e»* '""^^ """ 
 
 --°srn^uS^-.'^'- 
 
 t taxes \n new 
 
 fciodit of «»"5'„^°I*cntare», 868. 
 r*"Ste ebentnre,,868. 
 
 F^lTan.ongmunicip.Utie...«. 
 
 ks?SsS;{cii,86. 
 
 Idtobesxxbtmttecixo 
 
 K'"otm one *"8' '•■''""'•'' 
 fe;er.andcoiieotor.,870. 
 
 K.*8?6. (« 
 
 ASSESSMEN T— (CoM<iH «erf. ) 
 
 Penalty on assessors or clerks failing to perform duties, 871. 
 What will be deenied sufficient or insufficient excuse for non- 
 performance, 871. (c) 
 Recovery of penalties in such caaes, 871. (c) 
 Other assessors may act for those in default, 873. 
 Liability of clerks, assessors, etc., making fraudulent assessment 
 
 873. 
 What shall be evidence of fraudulent assessment, 874. 
 Punishment of assessors for fraudulent assessment, 875. 
 Penalty for non-completion of assessment rolls by proper time, 
 o7o. 
 
 May be recovered in County Court, 875. (o) 
 Not to impair any other liability, 875. 
 Compelling collectors to pay over moneys, 876. 
 Treasurer to direct sheriff to levy amount by distress, 876. 
 Time within which warrant may issue, 876. (.s-) 
 Delivery of warrant to sheriff, 878. 
 Sheriff to execute warrant within forty days, 878. 
 
 Sheriff's fees, 879. (u) 
 Mode of compelling sheriff to pay over moneys, 879. 
 Treasurer to make summary application to High Court, 879. 
 Order nisi or summons to sheriff, when returnable, 879. 
 Hearing matter on return, 879. 
 
 Extent of Judge's jurisdiction, 879. 
 Court may order ff. fa. to issue to coroner to levy the money, 879 
 Tenor oiji. fa., 880. 
 Execution and fees of coroner, 880. 
 Penalty on sheriff for wilful omission, 880. 
 Payment of Provincical taxes, 880. 
 
 Responsibility of municipal officers therefor, 881. 
 Payment over of money collected for county purposes, 881. 
 Security given by collectors or treasurers to apply to all moueyi 
 
 received, 881. 
 Local treasurer to pay over county moneys to county treasurers, 
 881. 
 Mode of enforcing payment, 881. 
 Treasurer to be responsible for and pay over Crown moneys, 882. 
 
 Municipality to be responsible, 882. 
 Bonds to apply to school moneys, 883. 
 Corporation responsible to party injured by treasurers' default, 
 
 883. 
 Tearing down notices under Act, 883. 
 Recovery of fines and penalties, 884, 8S4. {/() 
 Application of penalties, 884. 
 
 Forms, 
 
 Notice by non-resident requiring to be assessed, 885. 
 
 Assessment mil, 886. 
 
 Declaration complaining of overcharge on personalty, 887. 
 
 Complaining of overcharge on income 887. 
 
 Complaining of overcharge on personalty and income, 
 887. 
 
 By agent of complainant, 888. 
 Tax deeds, 889. 
 
 \' n ,. 
 
 mi 
 
 ft.; ii 
 
 v^- 
 
 
1256 
 
 INDEX. 
 
 ASSESSMENT— ((7„««jnterf. 
 
 AaaesHinent Aviendment Act, ISSD, 
 
 Council may adopt finally revised assessment, though completed 
 after 21 St December, 1J20, 
 
 Assessment of localities added to cities and town«, I '220. 
 
 Additional percentage where taxes unpaid after day fixed for 
 payment, 1221. 
 
 When colluct(jrs to make demand for taxes, 1221. 
 
 W'hen such demand sliall be acted on, 1221. 
 
 Remuneration of County Judges etc., on appeals from equaliza- 
 tion of assessments, 1221. 
 
 Directions to clerk of county council after etpialization of assess 
 ment roll, 1221. 
 
 Expenses of CJounty Judge on asscssnieut appeals, 1222. 
 
 When taxes may be levied by distress, 1222. 
 
 Act to bo incorporated with Assessment Act, 1222. 
 
 Ste. AuiOMA, Ert'.— Dhainaok — I^'hanoihsk — Parry 8ovnii 
 
 AND MUSKOKA — roLICE VlLLAGKS. 
 
 ASSESSMENT COMMISSIONERS. 
 
 Appointment of, in cities, 190. 
 Appointment of assessors, etc., by, 190. 
 To be members of boards of assessors, 190. 
 Tenuni of office of, 191. 
 
 To give notices otherwise required to be given by clerks, 191, 
 See AssKssMENT. 
 
 ASSESSMENT ROLLS. 
 
 Voters' lists .'iubstitutod for, .54. {m) 
 
 Conclusive as to rating, for pui'poso of (jualification, 58. (h) 
 
 Absence of, in new townsliips, who may (jualify for office, fi). 
 
 When not coni^lusivo as to (jualitication of candidate, (Jl. ((„) 
 
 Who may vote in absence ol, 7;"). 
 
 Special list to l)c prepared from in absence of voters' list. 9!), 
 
 When deemed finally revised and coriccted, 102. 
 
 May be evidence in proceedings to avoid election, 147. 
 
 To be open for inspection, 182. 
 
 Clerk to furnish copies or extracts from, 182. 
 
 J'ersons rated on. may object to certain by laws, 218. 
 
 ^\'ho maj' vote on by-laws in absence of, 226, 227. 
 
 Oaths to be taken by voters on by-lawa, in absence of, 22S ''29 
 2.S0. ' ' ' 
 
 See Assessment— Drainage— Kkanchisk-Maniiooi) 
 
 FRAOE— A^OTKR's LisTS. 
 
 IF- 
 
 ASSESSORS. 
 
 Powers of, not to be exceeded by valuators in counties, 196. 
 Form of declaration of office to be made liy, 199. 
 Penalty for refusing to accept office or make declarations, 201. 
 Disqualified for election to Municij)al Council, 01. 
 To be appointed by Ccunicil, 189. 
 Council not to ajipoint a m<imber, 189. 
 Same person may be appointed for more than one ward, 190. 
 Assessment Comniissioner may be appointed in cities. 
 Powers and tenure of office of, 190. 
 
)EX. 
 
 here taxes x"n>'^ 
 
 ,1 for taxes, V221- 
 
 l)e acted o". ^^^ ,,eal8 from equahzu- 
 Judges etc., on ^U 
 12-^- .u.^ftevequaUzationof a..e* 
 
 .,^9esaiuent avpe^vls, 1222. 
 ^^Iby distress, 1^- 222. 
 
 ■AURY iSoVNli 
 
 EIIS. 
 cs, 190. 
 
 es, l^'"- , ^ ,00. 
 •ds of assessors, U" 
 
 ,i9ere(luu-edto>^c. 
 
 U for, 54. ^^"\,i ,.„alitieatiou, r,8. (/O 
 [g, for V"VI)0^« ^^^l „^l,fy lor othcc, (.1. 
 
 voters on IJ> 
 
 ..__ DRAIN AGK-'1\KA>C^ 
 
 fcouncil, JBU. 
 
 Int a ""'f ^'Vo'r more than one Nvard. 100. 
 
 rS "See of, 190. 
 
 INDEX. 
 
 1257 
 
 .ASSESSORS— (fowiwmerf. ) 
 
 Assessors and valuators may be appointed by Mayor and Aascss- 
 
 meut Connnissioner, 190. 
 To be deemed officers of the Courts for certain purposes 319 
 
 See Alooma, Etc.— ASSE.SSMKNT— Dogs— Fkancuisk— Man- 
 
 assets 
 
 HOOD Suffrage. 
 
 disposition of, on dissolution of union of townships, 33. 
 Distribution of, upon dissolution of union of counties, 39. 
 Aroitration as to, upon dissolution of union of counties 40. 
 Division of, upon dissolution of union of counties, 41. 
 Ariangenient as to, upon extension of limits of municipalities 37. 
 I )ctailed statement of, to be prepared by Auditors of munici- 
 palities, 194. 
 
 ASSIZE OF BREAD. 
 
 See liREAi). 
 
 ASYLUMS. 
 
 Jlxempvcd from taxation, 716. 
 
 ATTACHMI'^NT. 
 
 Curtain Municipal officers to be subject to, 320. 
 
 AUCTIONEERS. 
 
 By-laws requiring payment of fee by traders doing business 
 
 ■ through, 380. 
 By-laws for licensing and regulating, 415. 
 Amount charged for liceiite must be reasonable, 410. (m) 
 
 AUDITOKS AND AUDIT. 
 
 .\)il)()intment of Auditors, 192. 
 
 l)is(iaaiiHcation for office of Auditor, 192. 
 
 Otiico of Auditor incompatible with certain other offices, 192. (c) 
 
 Sui;cial provision for City of Toronto, 192, 193. 
 (iSV*' .'52 Vic, cap. 3(> sec. 10 ; see p. 1205.) 
 
 Time for appointment of Auditors in (;itics, 193. 
 
 Aiiplieation of existing law to such appointment, 193. 
 
 Duties of Auditors in Cities, 193. 
 
 How vacancies to be filled in Cities, 193. 
 
 Duties of Auditors in all municipalities, 193. 
 
 Auditors to make up duplicate statement of receipts and expen- 
 diture, 194. 
 
 Councii to publish annual statement, 194. 
 
 Right to inspect report of Auditors restricted, 194. {j) 
 Clerk to distribute certain copies, 195. 
 
 All accounts may be audited before payment, 195. 
 
 Clerk to publish Auditors' abstracts and statements, 195. 
 
 Council to finally audit and allow accounts, 195. 
 
 (,'ounoil may after accounts audited recover moneys paid through 
 fraud, 195. (k) 
 
 C()ui..,y Council to regulate and audit all moneys paid by 
 Treasurer, 196. 
 
 Accounts may be audited daily in Cities and Towns, 196. 
 
 158 
 
 I n. 
 
 ^ 'I [ -0 
 
1258 
 
 INDEX. 
 
 AUDITORS AND AVmT—{Co7itinu('d.) 
 
 Accounts may be audited monthly or quarterly iu other nninici- 
 
 palities, 196. 
 Form of declaration to be made by Auditors, 200. 
 
 <*>Ve Municipal Amendment Act. 
 
 AUTHENTICATION OF BY-LAWS-5'ee Bv-LAWS. 
 AWARD— S'ee Arbitrations and Awards— Line Fences. 
 
 BABY FARMING— -SV-e Infants. 
 BAGATELLE TABLES— 5fee Billiard Tables. 
 BAILIFFS— Disqualified for election to municipal offices, 61. 
 BALLOT BOXES —S'ce Bv-Laws— Elections, 
 
 BALLOT PAPER ACCOUNT. 
 
 To be prepared by Deputy Returning Officer and delivered to 
 
 clerk, 115. 
 Object of, 116. (/) 
 
 BALLOT PAPERS. 
 
 Receipt of prima facie evidence of having voted, 10.3. 
 
 To be delivered by Clerk to Deputy Returning OfiBcer liefore 
 
 poll opens, 97. 
 Form of. 
 
 To be printed at instance of Clerk, 96. 
 
 Contents nf^ 96. 
 
 Diflferent ones to be prepared for Mayor and Aldermen &f 
 97. ' " 
 
 How prepared for Cities, 97. , 
 for Towns, 97. 
 
 for Townships divided into wards, 97, 
 To be initialed upon the back by Deputy Returning Officer 106 
 Penalty for refusing or wilfully omitting to initial, 106. 
 To be taken by voter into compartment and marked with a cross 
 
 and folded and returned to Deputy Returning Officer lOJ. 
 Secrecy in marking to be preserved, 108, 108. (7) 
 To be marked " iJeclined " wherie voter declines to' vote after 
 
 receiving it, 108. 
 Proceedings in case of incapacity of voter to mark, 109. 
 Proceedings where inadvertently spoilt by voter, 109. 
 To be examined by Deputy Returning Officer at close of poll, HI. 
 Effect of Deputy Returning Officer neglecting to initial, HI. 
 To be rejected where elector has marked more votes than he is 
 
 entitled to. 111. 
 \Vhat have been deemed sufficient or insufficient marks, 111. (0) 
 Deputy Returning Officer to note objections to, 113. 
 To be endorsed "rejected" where such is the case, 113. 
 Statement of votes to be made up after counting, 113. 
 To be placed in packets and sealed by Deputy Returning Officer, 
 
 114. 
 Packets to be delivered to clerk, 115. 
 
INDEX. 
 
 1259 
 
 3X. 
 
 monthly or quarterly 1 
 ,aaebyA.uUtor8,200. 
 
 MENT ACT. 
 
 ^X^-See BY-LAWS. 
 
 LIABD TABLES. 
 
 ,on to municipal Offices. 61. 
 
 —ELEcrioNS. 
 
 3uty returning Officer and delivevod to 
 
 ejidence^o^f^bav^^^^^^ 
 
 stance of Clerk, 96. 
 
 ,e prepared for Mayor and Aldemen,&c„ 
 
 I Cities, 97. 
 
 Towns, 97. . , . ^^to wards, 97. 
 Townships dmdcd^^^^^^^. ^^^^^. 10, 
 
 he back by ^.^f^'Lo initial, 106. 
 t wilfully ««;^";"8 ml marked with a cross 
 Lto compartment and^^^^^^^.^^^ ^^^,,^ 10.. 
 
 turned to Depuy ^^^^^^ 
 
 ■3 to' vote after 
 
 Itumcil to 1»V"JJ -,08. to) 
 
 1 VL «f voter to mark, 109. 
 
 I incapacity of voter *- 
 
 ladvertently «P«;\Vficer at ' lose of poll, UL 
 Tputy Returmng Officer a ^^.^.^^^ ^^^ 
 
 ^Jrning Otticei;xie|lf ^"^^^^ votes than he « 
 
 elector has marne-- 
 
 1 fficient or insufficient nwks, 111. (0) 
 
 Ll to clerk, 115. 
 
 BALLOT PAVERS— {Continued. 
 
 Number given to Deputy Retinuing Officer to be accounted for 
 by him to clerk, 116. 
 
 To be returned to head of municipality where election prevented 
 for four days, 118. 
 
 How to be disposed of after election, 1 19. 
 
 May be inspected on order of Court or Judge, 120. 
 
 If improperly counted or rejected, a re-count may be ordered, 120. 
 
 Judge to open packets on re-count, 121. 
 
 To be sealed up by Judge during adjounmient of re-count, 121. 
 
 How to be dealt with by Judge on re-count, 122. 
 
 1 Ision of Judge as to, to be final, 122. 
 
 Statement as to, to be made up by Judge, 122. 
 
 Judge to seal up again in packets upon conclusion of re-count, 123. 
 
 Endorsements upon packets to be evidence, 123. 
 
 Offences relating to, 124. 
 
 Provision for maintaining secrecy as to marking of, 125. 
 
 Candidate not to be present at marking of, by incapacitated 
 voter, 126. 
 
 Expenses of procuring, to be refunded to officers, 128. 
 
 To be printed for voting on By-laws, form of, 222. 
 
 Statement of result of counting, to be made up by Deputy Re- 
 turning Officer, 230. 
 
 Objections to counting to be noted upon, 230. 
 
 To be sealed up in separate packages by Deputy Returnin}^ 
 Officer, 231. 
 
 Secrecy to be observed as to marking in voting on by-laws, 234. 
 
 Forms of, 622, 626, 632. 
 
 BALLOTING COMPARTMENT— -See ElectioxNS. 
 
 BANK AGENT. 
 
 Treasurer of municipality ought not to act as, 130, (k) 
 
 BANKRUPT STOCKS. 
 
 Sales of not subject to provision with regard to transient 
 traders, 381. 
 
 BANKS. 
 
 Corporations may borrow money from for current expenditure, 
 306. 
 
 See Assessment. 
 
 BARBED WIRE FENCES. 
 
 By-laws for providing for protection against, 388. 
 Not deemetl a nuisance, 388. {w) 
 
 \ BARLEY— Abolition of market fees upon, 445. 
 
 B.\RR1STERS— Exempt from service in Municipal office, 66. 
 
 IBATHING. 
 
 By-laws for regulating and preventing, 397. 
 An indictable offence under some circumstances, 397. (s) 
 See Public Morals. 
 
 = .f -ij. 
 
 ■i;i! 
 

 ■nmm 
 
 fjfn 
 
 1260 
 
 INDEX. 
 
 BATHINa HOU.SES-By-liiws for inspection of, 445. 
 
 BAWDY HOUSES. 
 
 By-iuwa for Hupprossioii of, 395. 
 No powor to license, .S!).'). (/) 
 What may bu ileomeil, 395. (/) 
 
 BAYS. 
 
 By-laws for regulating the clearing of, 433. 
 Set Hakhourh. 
 
 BEACONS. 
 
 By-laws for erecting and maintaining in harbours, &c., ;{o4, 
 By-laws for granting bonuses for, 355. 
 
 BEAVER. — See Oamk and fur ukakinu Animals. 
 
 BEEIl AND WINE LICENSES.— .See Liquor Licenses. 
 
 BE(;(JIN(f — By-laws for prevention of, 423. 
 
 BELLS — By-laws for regulating or i)reventing ringing of, 401. 
 
 BEVERAGES — By-laws regulating sale of on streets, 454. 
 
 BILLIARD ROOMS. 
 
 Act to prevent minors frequenting billiard, pool, or baci 
 
 rooms, 1025. 
 Fine for permitting minors to frequent such rooms, 1025. 
 Fines for subsequent oflenccs, 1025. 
 Act not to apply to certain persons, 1025, 
 
 BILLIARD TABLES. 
 
 By-laws for licensing and regulating, .S78. 
 As to powers of License Commissioners as to, 378. (c) 
 What included in power to license, &c., 379. {d) 
 See BiLMARU Rooms. 
 
 BILLS OF xMORTAUTY. 
 
 By-laws to direct the keeping and returning of, 424. 
 Meaning of, 424. (fi) 
 
 BIRDS. — By-laws for preventing destruction of, 385. 
 
 See (iAME AND Fl'r Bearing Animals. 
 
 BOARD OF ASSESSORS. 
 
 How constituted in cities, 190. 
 
 .S'ce ASSKSSJIKNT. 
 
 BOARD OF AUDIT. 
 
 By-laws for appointing members of, 468. 
 >S'ee AuiJiTORs .\nu Audit. 
 
 BOARD OF HEALTH. 
 
 Assent of, retjuired to purchase of land for cemeteries iiui 
 383. 
 
 .S'ee Public Health. 
 
 BOARDING HOUSES. 
 
 By-laws for securing against accidents by Hre, 413. 
 
 ii' IB' 
 
INDEX. 
 
 1261 
 
 1W9 
 
 INDKX. 
 
 for inspection of, 445. 
 
 
 BOAT HOUSES— By -laws for inspection of, 44.'i. 
 ttODY-SNATCHING— An indictable offence, 384. {p) 
 
 [boilkks. 
 
 ]{y-law8 to reculate construction of, 428. 
 Koturn of, to bo made by clerk, 727. 
 
 iting 
 
 the clearing of, 433. 
 
 BOND. 
 
 LIQUOK LICENSES. 
 
 9 rcgu 
 
 . ;„ harbours, &c.,Sr)4. 
 i^gandnuuntaim^^-"^^'^^ 
 ^ bonuses fov, 3oo. 
 
 .,reventionof,4-.- ^^^ ^^,01. 
 gulating or prevent- J^^^^,,. 
 
 ,lating sale oi on 
 
 ,,;„« )>UUava, pool, or l)agM,] 
 '»'"""'' ,t .«oh room.. 1025. 
 
 of Ui-'-" to license, &^-' ^' 
 Id in po^vei to I 
 
 l-t'*^"^- • .a and returning of, 424. 
 
 livcct the keeping and 
 
 (sous. 
 
 Ivited in cities, 
 
 I • titiLi mcml>ers of, 468. 
 LrroKS '\M> -^ ^ 
 
 Vh- .weoflatuUorcemeteriesiuv, 
 
 Liuired to purchase 
 
 190. 
 
 VCBUC HEALTH. 
 
 '^'^- . ..xinst accidents by tire, 
 aecuring against 
 
 413. 
 
 Valid though executed before the appointment to office was 
 
 made, 184. (j) 
 Courts will endeavour to sustain as against technical defeneus 
 
 184. U) 
 Invalidity of appointment to office no defence to action upon 
 
 185. 
 Where destroyed sureties held upon, for false charge subac- 
 
 (£Uontly discovered, 185. (k) 
 To be cancelled where guarantee policy accepted instead of, 20(>. 
 Negotiability of when issued by corporations, 30."). (m) 
 Not to be issued by corporations for loss than $100, 307. 
 See Recounizancks— Secukitiks. 
 
 Adiustnient of liability for, upon separation of municipalities. 
 
 33. {h) 
 Illegal, whore all members of Council except one interested 176. (r) 
 By-laws for granting, require assent of two-fifths of the ratu- 
 
 payers, 232. 
 Determining disputes as to requisite majority for, 233. 
 When not to be granted, 233. 
 
 I'rovisicms as to, not to apply to certain districts, 233. 
 By-laws for aiding construction of harbours, &c., by, 355. 
 Assent of electors reciuired, 355. 
 
 Municipality may take security from persons receivin.;, 
 355. 
 By-laws for aiding manufacturers by, 356. 
 Assent of electors retpiired to, 356. 
 Persons interested not to vote, 357. 
 Security may be required from pei'sons receiving, 357. 
 Power to grant, includes power to lend money to manufacturers, 
 356. (r) 
 See lUiLWAYS. 
 
 DKS-Sfe Accounts. 
 
 3),I^^_By-laws for protecting and regulating, 466. 
 
 bTBLACKS— Where subject to control of Police Commissioners, 326. 
 
 JI,E YARDS. 
 
 By-laws for acquiring lands for, 365. 
 Police protection, lighting, etc., to be provided for, 365. 
 See Highways. 
 
 bNDARIES. 
 
 Of Villages, extension of by Lieutenant-Governor, 19. 
 
 Of Towns and Villages to be detinwl by by-law reducing, 20. 
 
 
 \i\ 
 
 ' !| 
 
 'in- .5' 
 
1262 
 
 INDEX. 
 
 Of uuincorpovatcd \ lUage lo u 
 
 By-lawH for aHCcrtaininK -M ^^^^^^^^^^^ t%. 
 
 StabUshment "^ "\««;;*^S bou^daric^ of conccaaiou. to 1« 
 Monunicuta ei;^'"*^^'; .^ _uv of Commisaioner of Crown Landj, 
 placed under autiiorn-y 
 
 41 1 • , .. nf Hurvcving and marking bouudavies of m 
 
 Provision for coats of aurvtyu k 
 
 cessions, 411. ^^„,„.„ted Villages, ()09. (a) 
 
 BREACH 0''J™,„*l^t,et.mnoued M Deputy ReWng 0S„, 
 prJSTTcou.UMel'io »rre,t pcr.o,» guiUy of, m (,) 
 
 liRPACH OF TRUST. x„., ,^f rates by Corporations, 2", | 
 
 ''''''^Committed by -isaPpUcat^^^^^^ 
 Investigation when cliargeci g 
 
 «"'«''-'^^ay be .et up W cou„cU reW-. - v^ byla. .- 
 electors, 236. (0 ,„,,,ed, 246, 
 
 By-law. <.tomc>I by ma| j^_^^ ^^^ 
 
 ProeeecUnya to quasu oj 
 .5et Klectiomu, 
 
 Zent «f "'-""^S'privUege 'io, 6«. ' 
 By-laws for granting lHi^"^b 
 
 ,BR1DGES. . Municipal Act, 9, 
 
 Defined for Purposes ot Mm i ^j^ge of, 264. 
 
 Comacils may contract Jebts^P 8^.^ 
 
 liability for repair of ap^^^^^^ County bridges by\% 
 
 By-laws for the ass"^;^*^ ^^ f^ee, 486. 
 Bridges so acquired to be toi,^ ^^^^ 
 
 To bt kept m retail ^Y J^n law, &c. , 486 (p). 
 
 Liability or »-«P^' !^tcS-^^^^^ 486. {p) 
 What will constitute nou i- 
 
 mat 
 
 
tied) , , 1 i.^. 
 
 ,d Village to be dofiued by by-law sotting apart, 
 
 rtaiuing and oBtablisbing, 40fi 
 
 'r alithorSy of Cotnmisaioner of Crowi. U„d,l 
 
 ,9t9 of surveying and marking boundaries of J 
 
 .UTovatedVilla|cs «00.(«) 
 
 vs to in J^lunwipal Act, bZU. 
 
 r ays-Line Fences. 
 
 ,yt,?smnmoned by Deputy Returning OiEceri 
 iublla'to arrest persons guilty of. m(,) 
 
 ^' ,. 4.-„., «f rates by Corporations, 2", 
 
 „p by com,oU retoing to pa.» by-to .»-« 
 to quash by-laws for, *«)• 
 
 iCTIOSS, 
 
 S...by,».;t.orUWn«.tocUi„,«,«| 
 
 ' V-n'TASu iri^chase of, 204. 
 lav contract debts loi f 
 
 for repairs at common law, , 
 I constitute non-repair, 486. (p) 
 
 INDEX. 
 
 1263 
 
 BRWGEH-iCoHfhu„d.) 
 
 Jury to (lecido rinf.Bf;„„ ,.r 
 
 Corporation nniHt prov^ o r! • *" " !""8anco, li,} ,,,, 
 
 ( ..rporatiou not li,S.le , . ' .'f ^"'- '' "^eeSy^lfi , , 
 
 bounties to consfnw.f i ■ i '*^'P""' of jinv.K r • , "• (P) 
 
 Powers formerly hfcl,l i>„ , '^'.'^^''"'. ^''Of;. ' ^"^• 
 
 County Councis, r,,7 J"«t.ee.s in «,,„•, „^ 
 
 When vested in Crown Imp... • • , transferred to 
 
 with, 5JI. ^^ ^"'^'"""il Morks „o^ * , . 
 
 Lieutenant-CJovernor mav i. ' " ''^ '"tei-fere.! 
 
 ^ loiigor nn.k'r control of p1?^ .^'•'"^''^'"••it'on tli^f i •, 
 Such bridges to 1,0 theri^f, ° ."'"'«'^'""^'r of i'ubJ u"'':'^^ "o 
 
 By-I»-™ for ,„„ki,,g, ,„,„„i, »'" 'he o«„- 
 
 I'V opening, m„|,i,„ t , I""""* m makins 
 
 IrITISH SURJPJCT. ^"'^^ ^'^'"-voMfiNT Act. 
 
 Member of Council must be, 56 
 lUuctor must be, 08 
 
 liatcpayor voting on By-laws to be 20G 
 
 li>-laws for demolition of +,..:'*■''■ 
 
 Rigl'tof municipalitytol'i? P'"''^'^"* «Pread of fire 4,0 
 
 Itvtaa f'«.rtai„i„g ,„„ „, „^,, ^ ''"'"« '"«''»»J'«. 
 
 -Sec PirBLIC JiuiLWNGS. «". &C., 
 
 ""'br 
 
 ws. 
 
 Bylaws for erecting anrl i^.^.;. * • • 
 
 ng and ni«,tainmg i„ harboura. 354. 
 
1264 
 
 INDEX. 
 
 BlJHKAir OF IN DUST It IKS. 
 
 UeturiiH of «tatistioH, &o.. to l)o furniHlicd liy cUjrks to, 182, 
 Sccrotary of, to roport to Ministur of Agriculture, returns mad* 
 
 l)y ciorkH of imiiiicipaliticH, 18,1. 
 Kftuins of Mt.itiHtit'H, Ac, to he furniHiioil hy trcuHunrs to, \^ 
 Secn;taiy to inuko Htntuniuiit of returns niatle liy tieasur'jrs t 
 
 Mininterof Agiiciiituro, 180. 
 One copy of auditor's atatemeiit to be sent to, 104. 
 
 niJHlALS. 
 
 Proper Hubject for municipal control, ,184. if) 
 Expenses of, will be allowed to executors, 384. (/)) 
 See Cemf.tkuies. 
 
 KURVIXG GHOUNDS-.S'ce Ce.metkkie.s. 
 
 UUSK FIl{KS-.9e(;FiKEs. 
 
 HU'1"( HlOItS— By-laws for regulating purchases by, on markets, 4i; 
 
 HUTIIOU. 
 
 No market- fees to be charged for unless proper placo di j 
 provided, 440, 
 
 BYLAWS. 
 
 \Vhat may be passed by township council afrectiiig uniiicornriiitd 
 
 villaj,'es, '25. 
 Electors must approve annexation with adjacent iiiuiiicin iimi 
 
 by, 27. 
 Providing for annexation to be submitted to electors within ij 
 
 weeks after tlie presentation of petition, "28. 
 For 8ei)aration of town from county electors to asmiit, 2S. 
 Copy of, separating town from county to be sent to Lieut mij 
 
 (Governor, '2U. 
 To re-unite town to couuty to bo ratified by county couniill 
 To re-nnite town with county may bo passed live years ; 
 
 withdrawal, 30. 
 To re-unite town to county, assent of electors rtMjuircd tn, ,'i'i, 
 .Junior county may be sepaiated from union l)y, .'{1. 
 Forming union of townships to designate seniority, ,')(). 
 Continued in junior county upon separation, 4'2. 
 Passed prior to formation of new coiitoratioii in force 
 
 repealed, 45. 
 Ueneral power to repeal without reference to electors, 45, J 
 Extended upon extension of limits of manicipality, 415. 
 Cease in portion of municipality added to anotlier niunicipil 
 
 46. 
 R<;lating to roails and streets continued in portion of oneii 
 
 cipality annexed to another, 46. 
 Ntuuber of councillors in town may he reduced liy, 'A. 
 May 1)0 passed appointing places for liolding electidiis, 7S, 
 Appointing place for holding nominations, wiiat to contain.! 
 (Council to provide, lor npmiuation of councillors in town dij 
 
 into wards, 80. 
 To fix place for holding nominations ill townaliiji, [)], 
 Couii+y council may lengthen time of nomii,atiou auiipoi 
 
 yi. 
 
IS. 
 
 s '&o to 1)0 furnisheil l>y clorks to, 182, 
 
 „;,.t to Minister of A«ricultnr«, returns ;,uule 
 
 r'rt'SnSiHi-lbytrouHunntnJsH, 
 
 3 Htateineiit of returns nuv.lo ».y truiisui rnu 
 
 nic\ilture, ISO. . ♦„ ini 
 
 jr'B statement to be sent to, IU4. 
 
 : regulating vurchasoa by, ou markets, i',] 
 ,o bo charged for imlesH proper place .i sili 
 
 sod by township council alleeling uniucnri.nn,tei 
 
 ,prove annexation with adjaeeut municipihtil 
 
 n.exation to be submitted to eleetors witlii,, 
 the presentation of petition, US. 
 f town from county elect.n-s t.. assent 2>, 
 ,iMa town from county to be stnt to Lieuti 
 
 ;?to county to be ratified by county ooumill 
 In with county may bo paHse.l live yeun al 
 
 n ?o"county, assentof elector« re.iuirecltn, S'M 
 
 „;vy be separated from union by, .il. 
 
 „f townships to designate semonty, .ib. 
 
 ii.ior county upon separation, 4-. 
 
 o formation of new cori,oratu>n m force i 
 
 t; repeal without reference to electors, 45, 
 .extension of limits of inHnicipahty, 4(.. 
 ;„ of municipality added to another nmnicH 
 
 tds and streets continued in portion of one 
 iiicxed to another, 46. i i -i 
 
 Sors in town may be reduced hy, .4. 
 an ointing places for holding elections I^ 
 Lce^ S fiJg nominations, what to oonta 
 Se'for npmination of councillors n. town A 
 
 ,r holding nominations in town^hii., 91. 
 ll may lengthen time of nomii-al.on ami poll 
 
 iYLAWS^iConiinuert. 1265 
 
 ,, h. 173."' '""J- «' i'i«» of m„i Li:.';;,'""''"'. i»2. (*) 
 
 ^^^y oou..n ,.. . '*""''*« bo determincvl by. 
 
 •^J"«t nnt hue .nfn"'"^'-^*' *o I>'irn,.«r r V« "y Poiinltics ono .^ 
 
 ^^"7<'i"^'s tosotLuie ""^ '■" '•««t'-'vint of 
 
 '^y siumn,.,,, oS^'"'."" «'ou«,l of corrunf 
 "•"K,! to re.r„i,J,r,t, '^^ ^onupt practices niusf i 
 
%■ 
 
 
 ii'i.: 
 
 
 w' 1 
 
 1266 
 
 INDEX. 
 
 BY- LAWS— {Continued. 
 
 For authorizing head and trc.isurer to borrow monoy f,,r 
 
 expenditure, 306. 
 Mayors may try cases under, where there is no poliue niaL'i.itrate 
 
 urrsnt 
 
 309. 
 
 ii'iler, 
 
 cawi 
 
 I'ifil 
 
 1 
 
 When Justices of the Peace in counties have jurisdii^tiKii i 
 
 310. 
 Without penalties would be nugatory, 31 1. 
 How witnesses compelled to attend and give evidence in 
 
 under, 3lfi, 316. {v) 
 P'orm tor convictions under, 316. 
 
 Omission of date or title of, will not invalidate conviclidn. .iu; / 
 'I'o be passed for erection of court house, etc., ',VA4. 
 To be passed for acquiring land in cities for court liou.se, etc., ,'{'■ 
 May ha passed by counties and local miznieipalities fur lock 
 
 houses, 33fi. '' 
 
 May be prissed by city council for erection of gaol, ct,-,, ;{.'{i; 
 For acquiring land for and management of housy.s m irirluitr, 
 
 337, 338. -' 
 
 For establishing work-houses and houses of correction. ,;;j!) 
 For regulation of gaols etc., by cities, 342. 
 Agreements as to comjiensation for use of c<- i'ltv biiiMi 
 
 should be by, .344. (6) 
 Person <liHobeying ehari/'.able with expense of pLrforriiiHit e 
 
 corporation, 307. 
 AtUheniirxition of. 
 
 To be authenticated by corporate seal, 217. 
 What to be evidence of, ?I7. 
 
 Hf»w by-law proved on motion to qunsli, 217. ('-; 
 Where by-law requires assent of Lieuteiiarit-IJovuinor : 
 recited to be proved, 218. 
 
 Object iouK by liatHfiayem. 
 
 Ratepayer may petition the council against uikI 
 
 oppose ceitain by-laws, 218. 
 When council shall not pass by-laws objected to, 2lf>. 
 Kecitals in by-laws to be taken to be true unles.i gliiiin 'I 
 
 219. 
 
 Votirxj on liy-lnwu. 
 
 If by-law requires absent of electors, proceedings tool.t i 
 Time and place of voting to be fixed V>y by-law, 2"J0, 
 By-laws may be deemed invalid if proceeding notdulv 
 
 2'2(). (u) 
 By-laws to l)e published in newspaper and posted up •!% 
 Form of, 221, (» 
 
 Notice to be given of by-laws and af)pended thereto, 22J. 
 What publication of bj-law sulHcient, 222. (h) 
 Ballot paners to be printed, 222. 
 F'orm of oallot papers for voting on by-laws, 222. 
 Council to Hx a day for voLlng and summing up votes, til. 
 Agents may be appointed to attend at polling, 223, 
 Agent attending to make declaration, ffirm of. 
 Agent to produce written appointment before being a'lrnittw 
 Appointment of persons to act in absence of ageiit», 223. 
 
 |/j)i',-ir 
 
INDEX. 
 
 <1 and treasurer to borrow m^noy f..r (iirr.^nt 
 
 )6. 1 
 
 ies under, where there la no police iM(,t.'i.,t,rat., 
 
 le Peace in counties have jurimlictii.t i,,, 
 
 would be nugatory, 311. 
 
 ipcllod to attend and give cviden.n n, ,,.,. 
 
 6. (V) 
 
 n» under, 316. 
 
 • title of, will not invalidate convictK.ii, ,;iti ;, 
 
 •ection (')f court house, etc., IVM. 
 
 •quiring land in cities for court house, etc., :',?» 
 
 C(>untie8 and local inunicipahtieH f„r I<„;k ,;p 
 
 city council for erection of gaol, etc.. :m. 
 for and management of houses of uidiistry, 
 
 'ork-housea and houses of correetiou. lili'i 
 /aolsetc, by cities, 342. , , ,, 1 
 
 ] comitensation for use of cc i-ity biuMir.^il 
 
 344. (h) . J 
 
 ^ ohart/'.able with expense of \m-u>ruw.>rf, -^ 
 
 {07. 
 
 bfd by corporate seal, 217. 
 nee of, 217. 
 
 red on motion to qunsli, 217. ('-) 
 ■equires assent of Lieutenaiit-dovfniior 
 proved, 218. 
 
 lers. 
 
 petition the council against and ,i|,|,Kii 
 lin by -laws, 218. 
 
 ,all not pass bylaws objected to. 210. 
 ,W8 to be taken to be true unlesH gliniii.l, : 
 
 CB a'-sent of electors, procealiiiKS to r,l,t nii. 
 of voting to be fixed by by-law, 2-20, 
 deemed invalid if proceeding not duly td 
 
 ubliahed in newspaper an<l posted up, -Bi. 
 
 j) 
 
 'en of by-laws and appended thereto, •222. 
 
 on of by-law sufficient, 222. (A) 
 
 J be printed, 222. 
 
 papers for voting on by-laws, 222. 
 
 , day for vof.ng and summing up votes, i:l. 
 
 appointed to attend at polling, 223. 
 K to make declaration, form of. 
 ce written appointment before being a<lmitte(^ 
 if persons to act in absence of agents, 223. 
 
 JNDKX. 
 
 BY-lAWH-{Contimm/_) 
 
 Who to he adm;tf« i ^ 
 
 Who to rtdrji ,i.-ut,.„ '"''""« "I 
 
 1267 
 
 „, .,;'"""' ■'"' '"'■-"" ■■-rf%-- -- -»™ »,„.. 
 
 Voting to be by ballot, oo^ 
 
 IVoceedinffH to ho mn-. 
 
 Form of directions to v "i* "* '"""'•cipal elocfJ, r, n 
 
 Freeholders who L ^'^'''''' ^27. '''^^tx'ns, 22.^5. 
 
 \\ho may vote wC f f?'*" "■" ''^-''^w^h. 22f; 
 
 Loa.HehoI,kTH wfml '"''^ '" "" aHse.4m7.'V n 
 
 /^•a.sef,oIders who .^^^ ^"^'' '"' '>y-h'^yT,^^, 'f' 22fi, 227 
 
 Ao enf/inries to he mn,l, f ' '^'-^• 
 Statement to ho mar ' 'f "':^'"'' 230. 
 Ohjections to ballots to L 7 T"^^ '•«t"rnir,j, nffl 
 Duties of df>pufcv rlt,:' '"''"''^''•efl, 2.% ^ '^'-■^". ^.^ 
 Oep-ity retuJni ;!/,^^ '7'";^' '^^^'^^r after votes o, . , 
 Deputy returning £?;/;' '^'^'j^i^y to nu„ ^ o v"*/"'' -^«- 
 ,, ''«t. and to rot, r,X ;> 7'^'' ''"^''"^tio^ as (^"^'"' P'- 
 f>q"ity returoinif o»ie ' ''": ''"^•-■". 2.3i. *" ^* "«" of voters 
 
 'y 'aw8, 227 
 
 f>ei'"ty Ve^;;;, • ;:;- f ot hoxes.l^l "^''^" *« ^ -of Voters' 
 
 2.'}2. ^''^'^^^'Tti/icatesof 
 
 f'lerk to east up votes nn,i 1 . '^ rec^ nested 
 
 ' I'Tk not to have ?.S!;?" ''^^''^'-e result 2S2 
 
 Where result (Hsnutpir"?'?'''^ "•■^'e''-='^irv tohor, 1 
 
 .scrutiny, 23?""' '^"''«^- '"ay havV«ar,n "n ^'^ ''"^''' ^32. 
 Petition fo. re count to be the « ^"''"' '^'^ ^'" * 
 
 anirrKi^r^f'^^''/''^ *o aid in ,„,,,.. . 
 
 ;:^'"^ '^tion^t^'t'^::;^ r ^ P^- "'"*^ ^*'^^-^' 234. 
 
 |b.%, ■:■. ,. • "'?""'"« begin,, 
 
 iil4 f'i '/j 
 
1268 
 
 BY-LAWS- {Continued. ) 
 
 INDEX. 
 
 Confirmation of By laws. 
 
 To be promulgated by publication in public press, 237. 
 
 Form of notice to be published with by-law, 237. 
 
 If not moved against within time limited, by-laws to be va 
 238. 
 Qvaahing By-laws. \ 
 
 Who may take proceedings to quash, 238, 239. (a) 
 
 Application to be made to High Court, 239. 
 
 Applicant to produce a copy of by-law etc., moved againjt 
 
 certified by clerk under seal, 240. 
 Applicant must shew that copy was received from clerk, 240, 
 Rule to shew cause to be served on corporation, 241. 
 Corporation to have four clear days to answer tlie rule, 241. (ji 
 How rule may be intituled, 241. (;/) 
 Court may quash by-law etc., for illegalitv in whole or in part 
 
 242. ^ ' 
 
 Power of Court discretionary, 242. (k) 244. (m) 
 No action can be brought for anything done under bylaw i 
 
 quashed, 242. (h) 
 Costs to be in discretion of Court, 243. (I) 
 Applications to quash to be made within one year of pasain'bv I 
 
 law etc., 244. ''I 
 
 Applications to quash by-laws where assent of electors renuirejj 
 
 and not obtained may be made at any time, 245. 
 Where by-law imposing a rate promulgated application must 1 
 
 made within three months, 245. 
 By-laws passed through corrupt means may be quushed, 246, 
 Procedure where passage of by-law obtained by corrupt meani." 
 
 246. j 
 
 Municipality to be liable for acts done under illegal by-law HI 
 Illegality need not be app.iient on face of by-law, 247. [Ii] 
 Action not to be brought until one month after quashing! 
 
 repeal of by-law, 248. 
 ileplevin cannot bo brought, 248. (rf) 
 Notice to be given to corporation before aiikion, 248, 
 Tender of amends may l)o made to plainfciH", 249. 
 
 Definition of tender of amends, 249. (;/) 
 
 How made, 249. (.7) 
 
 To whom made, 249. ((/) 
 
 Object of, 249. (h) 
 Where application to quash drainage by-law successful as top 
 
 only, remainder to be valid, 5G1. 
 
 Creating Debts. 
 
 Council authorized to pass by-laws for, 2r)0. 
 
 Power of corporations to borrow money for business, 250, (iJ 
 
 Power to borrow money implies power to give security fori 
 
 250. (k) 
 Corporations may not borrow at more than six per cent,, 21 
 Statute no longer merely directory as to steps to be taken,?' 
 When by-laws to take effect, 251. 
 When dttbts to be redeemed, 251. 
 By-law must state day on which it takes effect, 251. («) 
 By-law to settle yearly rate, 252. 
 
by publioation in public press, 237. 
 
 B published with by-law, 237. 
 
 ist within time limited, by-laws to be valid, 
 
 jeedings to quash, 238, 239. (a) 
 lade to High Court, 239. 
 uce a copy of by-law etc., moved against j 
 rk under seal, 240. i i o.a 
 
 w that copy was received from clerk, 240. 
 to be served on corporation, 241. 
 e four clear days to answer the rule, 241. 
 ntituled, 241. (./) ,. . , , 
 .y -law etc., for illegality in whole or in part, j 
 
 .cretionary, 242. (k) 244. (m) . 
 
 irought for anything done under bylaw untill 
 
 retion of Court, 243. [l) . . , 
 
 ash to be made within one year of passing byj 
 
 lash by-laws where assent of eloctors required 
 led may be made at any time, 245. 
 posing a rate promulgated application must I 
 three months. 245. , , „,, 
 
 trough corrupt means may be quiislied, 246. 
 passage of by-law obtained by corrupt meaiir 
 
 e liable for acts done under illegal by-law, 241 
 t be appireiit on face of hy-lavv, 247. (/-) I 
 , brought until one month after quashing i 
 law, 248. 
 
 be brought, 248. (d) . 
 
 a to corporation l)efore acaon <J4». 
 s may be made to planitiH, 249. 
 tender of amends, 249. ((/) 
 249. (f/) 
 ide, 249. ig) 
 
 m to quash drainage by-law successfulas top 
 idur to be valid, 5l)l. 
 
 ed to pass by-laws for, 250. 
 
 itiona to borrow money for business 2oO. 
 
 r money implies power to give security fori 
 
 ,V not borrow at more than six per ceut..2j 
 
 jr merely directory as to steps to be taken, 2o«^ 
 
 ;o take eflect, 251. 
 
 be redeemed. 251. 
 
 ite day on which it takes etfect, 251. («) 
 
 ! yearly rate, 252. 
 
 INDEX. 
 ^yiAWS-iContinued.) 1269 
 
 Corp^^^tions m.y be compelled to W r . 
 HowinteS,,,,,^^^ ^ "^ ^**«« ^- sinking f„nd, 
 
 ?^s:sr-tfer^debt,..3. ""^^-^--- 
 
 To recite whole amount orathT"""^' 253. 
 To recite amount of exisfcin„*.t-® P''°Perty. 25q 
 Etfect of omission of nrpf^^u'^^H 253 ^' ^^ 
 Form of bv-kw fn. V^p^^nhed recitals oko , 
 
 Although no sp^cW « „th. ■' ""'^"^ 
 
 Local improvement hv I 
 
 T^S=S?Sl*S:-^ciebt,256. 
 
 Form of by-la^^^ ^ -««rity of spetiff^ate 256 
 
 Co.meiJs to have power fn 
 
 ,, tnre.s, 258. ^ ''"" ^'^ guarantee local inn,.,. 
 
 Council may make nHn • , ""P'Ovement deben- 
 
 iF»di-Sor°"""'^''^^^^^^ 
 
 Fxceptjon as to coun y or ci?v f'?:^^'"^ ^^0, 000 2GI 
 J'^xception as to navmiL* i "^ **"> Wing con i-f iV ^- 
 
 . ii 
 
 
 I 
 
 .. 'il 
 
 I ^1 
 
 I ! i 
 
 (I ft i 
 
 Kf 
 
 ' ' I 
 
 I II 
 
 it f 
 
 
 P|! 
 
 
 'klr: 
 
1270 
 
 INDEX. 
 
 BY LAWS— (Continued. ) 
 
 When part only of money raised by-law may be repealed »ito 
 
 residue, 262. 
 Until debts paid by-laws cannot be repealed or altered, 263, 
 
 Exceptions in certain cases, 263. 
 
 For Establishing Yearly Rates. ' "■ '' 
 
 Yearly rates to be levied sufficient to pay all debts, 268, 
 Aggregate rate limited to two cents on the dollar, 269. 
 •Provision where aggregate rate of two cents not sufficient to p»t 
 
 debts payable within the year, 270. ' 
 
 How rates to be calculated, 271. 
 
 Taxes to be imposed according to value of property, 271. (A) 
 Estimates to be made annually, 272, 273. (k) 
 Estimates need not be set out in by-law, 272. (j) 
 Money to be raised by rate, 273. 
 Not necessary that calculations for by-laws should be strictlr 
 
 correct, 273. (k) 
 Deficiency in amount collected may be made up, 274. 
 Estimates may be reduced proportionally, 275. 
 How balance to be appropriated when amount collected i 
 
 estimates, 275. 
 Yearly taxes to be computed from 1st January to Slst Decembeti 
 
 275. 
 Priority of debentures issued under any by-law, 276. 
 How rates for payment of debentures to be calculated, 276. 
 Application of rates for other purposes a breach of trust, 2/7, 
 How rate to be provided for sinking fund, 277. 
 Council may exempt waterworks or manufacturers from taxatia 
 
 277. 
 
 By-law discriminating unfairly against other nianufacturi 
 establishments held bad, 277. (a) 
 
 By-laws making exemptions will be construed strictly, 27" | 
 
 Power to renew exemption only to be exercised once, 27S 
 
 Reducing Rates. 
 
 When rates imposed by By-law may be reduced, 279. 
 By-law shall not be passed unless a proper proportion of siokj 
 
 fund and interest levied, 279. 
 By-law to be approved by Lieutenant-Governor, 279. 
 
 Anticipatory Approimatioiui. 
 
 Anticipatory appropriations may be made, 279. 
 
 What funds may be appropriated to, 279. 
 
 Right of Municipal C9uncils to use moneys appropriat« 
 
 other purposes, 280. (g) 
 Sources and application to be stated in by-law, 280. 
 When moneys retained sufficient rate may be suspendei 
 
 ensuing year, 280. 
 To recite original debt and object, 281. ' 
 To recite amount paid already, 281. 
 To recite annual amount for sinking fund, 281. 
 To recite amount required for interest, 281. 
 To recite that sufficient amount reserved, 281. 
 By-law to be approved by Lieutenant-Governor, 281, 
 May be made on separation uf Municipalities, 281. 
 
 Ca\ 
 
>ney raised by-law may be repealed ai to 
 
 W8 cannot be repealed or altered, 263. 
 tain cases, 263. 
 
 ates. 
 
 Led sufficient to pay aW de^*8, 268. 
 
 A to two cents on the dollar, '-^9. 
 
 egate rate of two cents not sufficient to p»j 1 
 
 thin the year, 270. 
 
 ilated, 271. , ^ „,, „ 
 
 according to value of property, 271. {h) 
 > annually, 272, 273. (A) 
 e set out in by-law, 272. (j) 
 
 y rate, 273. . u . , . 
 
 jalculations for by-laws should be strictljf 
 
 ; collected may be made up, 274. 
 
 iuced proportionally, 275. 
 
 ppropriated when amount collected exceed! 
 
 >mputed from 1st January to 31st Decembeij 
 
 es issued under any by-law, 276. 
 ent of debentures to be calculated, 276. 
 for other purposes a breach of trust, 2/7, 
 ided for sinking fund, 277. 
 waterworks or manufacturers from taxatin 
 
 inating unfairly against other manufacturi 
 jnts held bad, 277. (a) , . , 1 
 
 r exemptions will be construed strictly, 277 
 r exemption only to be exercised once, 278. 1 
 
 d by By-law may be reduced, 279. 
 
 , passed unless a proper proportion of skit 
 
 est levied, 279. 
 
 ved by Lieutenant-Governor, 279. 
 
 itions. 
 
 ipriatious may be made, 279. 
 
 e appropriated to, 279. 
 
 al Cpuncils to use moneys appropnatf 
 
 i, 280. (g) J . , , oon 
 
 iation to be stated m by-law, 280. 
 tained sufficient rate may be suspendei 
 
 280. 
 
 debt and object, 281. 
 paid already, 281. ^ 
 
 mount for sinking fund, 281. 
 required for interest, 281. 
 icient amount reserved, 281. 
 ■oved by Lieutenant-Governor, 281. 
 jeparation of Municipalities, 281. 
 
 ]iY-LAWS~{Com!nuea.) 
 
 For obtaining nroner?J%^A 
 For erenf,n„ oiV.P'":*^' 350. 
 
 INDEX. 
 
 1271 
 
 For erecting and r-^'?^*^- 
 
 Right f^^XCTT'tf^^^'^' ^''O- 
 „ fill, 350. (a\ acquire independfint 
 
 fill. mrW^- - -.uire indepeni of statute .oubt- 
 
 {'>) 
 
 r'ower to ercnh hnii i 
 
 For * W«?S.X"wC^^^^^^^ o'k- Place. 35. 
 
 *orgraiitii,s,rmoneyorJandto 3 - 
 
 Alms/mus^P'cCtti "''""''* ^" ^^^^t^d subject to trust -^r,. , , 
 tor establishing and rei/„l„f . , • ^- '^^^ 
 
 For granting aiil to ch:S^£f"»«^0"3^^^ ■ 
 
 Appomtiug Officer.^. ' *''^- 
 
 Pound keepers, 351. 
 I'ence viewers, 351 
 
 Overseers of highways, 351 
 Road surveyors, 351 
 Koad commissioners, 351 
 Valuators, 351. 
 Game inspectors, 351 
 
 For mspecting bathing and hn«f u 
 Begging in the Streets. * ^''"'««' ^^S- 
 
 For prevention of beecriD^in „* . 
 
 Billiard or BagatdleTJeT^""^"''^'^^- 
 For licensing and rp»iW„f 
 
 For protection of booms, 466 
 
 hounaaries. ' ' . , 
 
 For establishing boundaries nf • • 
 
 For confiscating, when of u^u*. 
 
 '■'■'''11 sump,, Brmh etc "^ "'"'""'P»«'™. «5. (rf) 
 
 for authorizing .„a™ig,i.g.t.„,^_^ 
 
 X. 'I 
 
 !>■ ( 
 
 8M ,|i^'''i 
 
i-» ' 
 
 ir 
 
 I! '>' 
 ■ 'If 
 
 %■■ 
 
 1272 INDEX. 
 
 BY-LAWS- (CoH<t«Wf?f/.) 
 
 CemeterieK. 
 
 For acquiring or purchasing land for public cemeteries, 3M -j 
 Land purchased to become part of municipality, 382. * * ' 
 For selling or leasing portions of cemeteries, 383. 
 Approval of Board of Health required in certain cases, 383 
 Expenses to be paid to board by municipality, 383. ' ' 
 For acquiring lands for enlargement of cemetery, 383. 
 Land not to be taken within city, 383, 
 Board of Heiilth must approve in certain cases, 38.3. 
 Arbitration in case of disputes, 383. 
 
 For taking a census of inhabitants, 358. ^ 
 Children riding behind vehicles. 
 
 For preventing children from riding behind wagj,'ons, etc 44- 
 Coasfhuj. 
 
 For prohiting or regulating coasting or tobogganing on sti eets 44*) I 
 Coiitai/ious diseases. 
 
 For taking measures for prevention of contagious diseases 4i)i 
 
 Crimes. 
 
 For rewards for detection of crimes, 367. 
 
 Cruelty to animals. 
 
 For preventing cruelty to animals and destruction of birds ']\\ 
 
 Disqualification. 
 
 By-laws for, where electors in default for taxes, 377. 
 
 Dofis, 
 
 For regulating and restraining running at large of dogs 385 
 For killing dogs running at large, 387. 
 
 Officer liable for killing dog on premises of owner, 385 Ml 
 
 Dririnij or Riding on lioails and Bridges. 
 
 For regulating speed, and preventing racing or furious driviiii 
 359. * 
 
 Earth Cln.iets. 
 
 For regulating the construction of dry earth closets, 475, 
 
 Engineers. 
 
 For appointing engineers for municipalities, 415. 
 
 Mxhihitions. 
 
 For preventing or licensing public shows, &c., 390. 
 J'or imimsing lines for infraction of regulations, ,3!)I. 
 Exhibitions may not be held on agricultural groiuids on davi 
 
 Provincial or local fairs, .391. 
 J'or licencing and regulati,ng places of amusement. &c.,38 
 Fences. 
 
 For settling height and description of fences, 387. 
 
 Regulating height, &c., of division fences, 388. 
 
 Providing protection against barbed wiie fences, ,388. 
 
 Ro(juiring owners to take down fences in certiin c;i8es,J 
 
 Compelling landowners to keep up water gates in fences 
 
 -m^ — ^i^m^^-'- 
 
 I. 
 
chasing land for public cemeteries, 381, 353, 
 ecome part of municipality, 382. 
 y portions of cemeteries, 383. 
 }f Health required in certain cases, 383. 
 to board by municipiility, 383. 
 for enlargement of cemetery, 383. 
 n within city, 383. 
 ist approve in certain cases, SUd. 
 of disputes, 383. 
 
 of inhabitants, 358. ^ 
 
 lehiclea. , , . , 
 
 dreii from riding behind wagj,'on8, etc, 445, 
 
 ulating coasting or tobogganing on streets, 442, j 
 
 !S for prevention of contagious diseases, 
 
 itectiou of crimes, 367. 
 
 elty to anitnals and destruction of birds, 38i 
 
 5 electors in default for taxes, 377. 
 
 1 restraining running at large of dogs, ; 
 
 anning at large, 3S7. 
 
 tor killing dog on premises ot owner, 885. (sij 
 
 Roads and Bridues. . . , 
 
 ;ed, and preventing racing or tunous driviiij 
 
 e construction of dry earth closets, 475, 
 
 igineers for municipalities, 415. 
 
 r licensing public shows, &c., 390. 
 
 s f(.r infraction of regulations. 3'.)1. 
 
 not be held on agricultural grounds on day^ 
 
 •local fairs, 391. 
 
 I regulati^ig places of amusement, &c.,391 
 
 lit and description of fences, 387. 
 leight, &c., <»f division fences 388. 
 rotection against barbed wire fences, 388, 
 kvners to take down fences m certani cm,, 
 landowners to keep up water gates 111 fencesJ 
 
 BYLAW8~(Continued.) ^27.3 
 
 Ferries. , , 
 
 For liceusinc and >•««..)„*• 
 
 Until laws ?ass;;i fSes ?o ?'**'" '«^"««. 419 
 „ nor, 419. •' ^"'^'^ *» ^^ regulated bv lL„* 
 Kor licensing ferriea in f . . • ^ ^'«»tenant.Govep. 
 
 Fine, and PenalL. *«^°«h,p8. 473. 
 
 For inflicting, to extent of il-^n ^ 
 
 For breach of af/y-tla^-^- duties o'fl^S^^O ^hoe 362 
 f»e, premntono/ accidents bv offlce.362. 
 
 i"or makmcr provisim^a^' . 
 
 ings, 4l3.^'^'^'^"'«"« agamst accidents from in u,- 
 Fires. "" '" P"blic build- 
 
 ^" l^'^'ttl^e'L^^^^^^ appliances, 366 
 
 Making provision aSt 2« « ^'''•' ^^^- 
 Regulating erection of wlnr~"^''^-««'''apes, 413 
 Appointing tirc.^JZtf}'"'^^''' ^'^ 
 Extent of^reVslL. • • ""' ^"^ ^««"^^*-g com- 
 
 For providing medals'rcrP:^.;?,^'?"-^^- ^26. (e) 
 
 Preventing trades dan. combustible places, 
 
 P-v^ingandregulai^;j--;j2^^.42. 
 
 To pS^Si!;^S^;^rf «^ ^''^-eys, 428 ^^ 
 
 ,„ selves at. 428. ""^'^'^''^ *«»' those distinguishing .K 
 
 To provide relief for f<,m.i- . '^mshmg them- 
 
 To regulate use 0/ fire?r fel;'^ •^'•*^'»«" killed at 428 
 For regulatmg the remV/a at ^iJet'^^-^' ^*«- ^^^ 
 Kegulatmg and enforcing ert."^^^.'"« ""^ ^shes, 428 
 
 Tarty walls dehned, 429. ( "f '''''*'" ^^ P^rty vvali;. 409 
 
 To compel building of soutflL i .. , 
 
 For guarding buildlng^'^^St 429 '^^' '''■' ^29. 
 
 For ^SS!^t^::if^^^e fire-buckets 429 
 
 To Prevent tV^lVe:^;'^^ K^^^' ^''^0. 
 I ower to demolish buildings 4 Vo ' 
 
 io enforce a.ssi.stance at firSul?' 
 
 \hmms~Fireworkx 
 
 mSmyeons. "'^^^rks, etc., 423 (M 
 
 m, 
 
 
 
 
 if! ; Mk "II 
 
1274 
 
 INDEX 
 
 i: 
 
 i 
 
 f III 
 
 U I-.! 
 
 B'S' - LA WS— ( Continued. ) 
 
 aMunicipality to supply all buildings on line of supply, ggg 
 
 May require Hecnrity from conHumer, 36fi. 
 Liability for failure to supply not affected, 366. 
 For authorizing gas companies to lay down pipes, etc, 393 
 
 Gas mid Water, 
 
 For constructing gas and water works, 462. 
 
 Estimates to be published and notice of voting to be I'iven iRt 
 
 Poll to be held and majority must be in favour, 4(j;). 
 
 By-law to be passed within three months after pel], 450 
 If by-law rejected not to be re-submitted during year, 4fi4 
 Where gas and water company in municipality, ofi'er to he m 
 
 to purchase, 4fi4. 
 
 Oas and Water Companies. 
 
 For authorizing laying of pipes by, 393. 
 
 For acquiring stock, etc. in, 394. 
 Oravpn, Protection of. 
 
 For preventing violation of graves, etc., 384. 
 
 Gunpowder. 
 
 For regulating the keeping and transporting of gunpofferi 
 other combustibles, 424. 
 
 Harhotirs, Docks, etc. 
 
 For regulating cleanliness of wharves, etc., 353. 
 
 Right restricted to public wharves, etc, 353. {j) 
 
 For removal of erections or obstructions projecting into or 
 
 wharves, etc., 353. 
 For making, opening, preserving, etc., of wharves etc., 3,54 j 
 
 Regnbiting hai'bours, beacons, etc., 354. 
 
 Regulating vessels, 354. 
 
 Cofiecting tolls and paying harbour master, 354. 
 
 Granting aid by bonus to harbours, etc., 355. 
 To be assented to by electors, 355. 
 Security may be taken from persons benefited, 355. 
 
 Hawkers and Pedlars. 
 
 For regulating and licensing hawkers and pedlars, 415. 
 Who may be deemed hawkers and pedlars, 415. (0) 
 For providing clerks or treasurers of counties with licen« 
 
 sale to hawkers, etc., 417. 
 Licenses not to be granted to persons selling certain goodj, j 
 Who be included in term ' ' hawkers," 418. ' 
 
 Certain provisions not affected, 418. 
 
 High Scfiools. 
 
 For acquiring land for high schools, 419. 
 Making provision for high schools, 419. 
 Assisting pupils at high schools, 420. 
 Providing pupils of high schools with means to attendC 
 sity, etc., 420. -LxV^'^C-JJ 
 
 Endowing fellowships etc., at universities for highsck 
 Making grants in aid of high schools, 465. 
 
 Hook and Ladder Companies. 
 
 By-laws to eatablisn and regulate, 427. 
 
INDEX. 
 
 ,ply all buildings on line of supply, 368. 
 curity from consumer 36b 
 
 . +n suddIv not affected, ^bO. 
 
 ; companies to lay down pipes, etc., m 
 
 «,8 and water works, 462. , 
 
 rpublished and notice of voting to WvenjjJ 
 I aid maiority must be in favour, iU ] 
 assedwXn three months after poll. 463. I 
 Ct to be re-submitted during year 4fi4. 
 ,ter company in mumoipality, offer to l.em. 
 tfi4. ■ ■ 
 
 olation of graves, etc. , 384. 
 
 he keeping and transporting of gunpowers 
 stibles, 424. 
 
 manliness of wharves, etc., 353. 
 
 to public wharves, etc, .ia.i. \J) _ 
 
 rections or obstmctions projecting uito or, 
 
 ning,* preserving, etc., of wharves etc., 3W, 
 larbours, beacons, etc., do4. 
 
 Xi paying harbour master 354. 
 I by bonus to harbours, etc., 355. 
 ;o by electors, 355. 
 . taken from persons benefited, 3o5. 
 
 nd licensing hawkers and pc^^^rs JIS, 
 cmcd hawkers and pedlars, 415. (o 
 Ssor treasurers of counties withlicenie 
 
 hrgrantedtoV''9"««,««l'i"g '="»"*"^" ^'M 
 .din term '^hawkers, 41H. | 
 
 ms not affected, 418. 
 
 ,and for high schools, 419. 
 ^vision for high schools 419. 
 
 uinils at high schools, 4.JU. 
 
 pupils of hi|h schools with means to at endl 
 
 4- 4-20 *"" "^ ' 
 
 feUowships etc. . at universiijes for highscho. 
 ants in aid of high schools, 465. i 
 
 1275 
 
 B\'LAWS— (Continued.) 
 Horses and Cattle 
 
 Horn Thieven. *"'® "" '"♦i'-- 
 
 For reward to anv noro^^ 
 
 Importnmng Traveltera. ''''*'"' rewards, 413. {h\ 
 
 For preventing certain ' 
 
 /m;)mo,me«^ ^"■'''"' ^''^'" »'"P°'-t«ning travellers 421 
 
 For inflicting punishment bv in .« * • 
 
 /w/!^«?< Per..ow,, a„e; C/m,n/,v, ""'^ ^"^e- 362. 
 
 Foraidinif and mnin+„j ■ . 
 
 palit^, ^""•'"'"■-ng imligent per,™, ,„„„^ . , . . 
 
 Aiding oh.ritable, •„,«.,., '"™°'- 
 
 f^or preventing injuries to rees S02 
 Preventing defaom.* ". '^®®^' '^"2. 
 Preventin|th1;';;?i°;dC'^-^ty by notices. 393. 
 
 not,c->s, 393. ^ ^"""^ ^'^ •^^^^cmg of lawful sign, and 
 Iwane Persons. ^ " 
 
 For support of destitute insanfi .,. 
 Inspectors. '« ""ane persons, 470. 
 
 /«/.&4?c"':^ •"^P«''*- of House of Industry. 415 
 
 ^aSl^:i£-ntc.thedead.42. 
 
 |^^ForiieensingandreguIating,-«nk,hop3.421. 
 For acquiring lands for schools •«! 
 
 II: 
 
 i| )l( 
 
'ihi 
 
 • .i 
 
 1J7« 
 
 INDEX. 
 
 BY-LAWS— (r'on/t»He'/.) 
 
 Livery Stabler, Cabx, TtamiitcrA, tte. 
 
 For reguliitiajj; ami lluunsinu; livery stablen, cab driven, etc 
 Kuguliiting and lioonaiii^ livery Htnbloa, eto., 467, 
 Reguluting width of wheels, etc., 467. 
 Fixing? rutcH of fare, 467. 
 
 Maji tifacturiim EitahlUih me n l». 
 
 For granting aid by way of bonus to, 356. 
 
 Aaaent of electors necessary, 356. 
 
 Persons interested in conip.iny not to vote on bydaw, 357 
 
 Security may be taken from persons bonussud, 357. 
 
 Meat, Milk, Etc. 
 
 For seizing tainted and unwbolesome provisions, 404. 
 
 Exposure of meat unfit for food an indictable offence u 
 Preventing and regulating the selling of food in certain 
 405. ^^ 
 
 Preventing the use of improper materials in maiiini; h 
 405. * "'^ 
 
 
 Medals, 
 
 Appointing inspectors of milk and provisions, 405, 
 Licensing and regulating milk vendors, 40.*). 
 
 By laws for providing, for persons distinguishing thcm«IvM 
 fires, 428. 
 
 NuisanceM, 
 
 For preventing and abating public nuisances, 397. 
 
 What constitutcH a public nuisance, 397. (<) 
 
 For cleansing wells, reservoirs etc., 400. 
 Preventing folding of wells etc., 4(W). 
 f 'losing .'ind tilling up 'jess-poola etc., 400. 
 Prevetiting or rej.^ulating certain n'. yjrms trades, 4O0, 
 Defining limits within which animals may be kept ^ 
 Hegulating or preventing ringing of bolls etc,. 401,' 
 The regulation of slaughter houses etc., by towi 
 Wharves. 
 
 To regulate the cleanliness of wharves etc., and to rei 
 obstniotions, 433. 
 
 Parka, Etc. 
 
 For ac(juiring land for, 365. 
 
 Provisiim where land is in adjoining municipality, 3iio,] 
 PlumherK. 
 
 For licensing and regulating plumbers, 413. 
 
 Police. 
 
 Establishing, regulating, and maintaining police force, 
 Making grants to superannuation fund of police force, 4 
 Police Villages. 
 
 For setting apart police villages, (509. 
 Polling Suh-divi.<iionH. 
 
 For dividing local municipality into polling sub-divisions,! 
 To be the same for Municipal and Provincial electk 
 Provision where appointed polling place unobtaiuablj 
 
\jtmste.rn, etc. 
 
 [ lloonsiuK livery stables, cab drivers, ttc.,v&\ 
 
 1,1 licensing livery stablos, etc., 407. 
 
 idtli of wheels, etc., 467. 
 
 )f fare, 467. 
 
 uhineiUi*, 
 
 Dy way ot bonus to, 358. 
 
 J necessary, 356. i i o,. 
 
 I in company not to vote on by-law, 35". 
 
 ;aken from persons bonussed, 357. 
 
 d and unwholesome provisions, 404. 
 moat unfit for food an indictable offence, m.i 
 nd regulating the selling of food m certain ( 
 
 ;he use of improper materials in making brei 
 
 inspectors of milk and provisions, 405. 
 d regulating milk vendors, 40.j. 
 
 ;idiii", for persons diatiuguishing thcmjelva 
 
 md abating public nuisances, 397. 
 
 !s a public nuisance, 397. (t) 
 
 ells, reservoirs etc., 400. 
 
 f.uding («f wells etc., 400. 
 
 tilling up 'jess-pools etc., 400. 
 
 „r ro-^ulating certain n' xious trjules, 400. 
 
 nits within which animals may he kept,4< 
 
 „r preventing ringing of bells etc,. 401. 
 
 ;i()n of slaughter houses etc., by townships, 
 
 e cleatdiness of wharves etc., and to rej 
 8, 433. 
 
 and for, 365. 
 
 vhere land is in adjoming municipality, 3w.j 
 
 nd regulating plumbers, 413. 
 
 euulatiiig, and maintaining police force, W)j 
 to superannuation fund of police force, tlj 
 
 irt police villages, 609. 
 
 Z'nX municipality into polling siih-divisionM 
 same for Municipal and Provincial eledK 
 where appointed polling place unobtaiuabj 
 
 INDEX. 
 I « 
 
 PVLAVVS-(C'o«)!in«erf.) 
 Public IhiildiiKjH. 
 
 For regulating number of doo«. i 
 
 For authririzinff holding „/ i .. 
 
 Place selected Ku "?ot bf !!^''°k?^''». ^20. 
 
 Rules to ho made for .,«, * 
 
 Public notice to beg^^ot^E^'ir- '^^l. 
 PMcMoraU ' »«'. 4.1. 
 
 1277 
 
 300. 
 
 i'^' 
 
 Ei<lm[i and Driving. 
 
 For preventinif ndiiur m. ,]..• • 
 I . vv . ^ "''"« "'' sidewalks 40-i 
 
 For preventing the obstruction of I'n 
 For evying the expense thereof 47I' ' 
 or .mpo.smg pena/ties o,, part f's ol V .■ 
 for .ieepenmg strean.s, etc dr"-,' ;'''■"*-'*"'« ^^''eams, 477 
 For horn.wing necessu;y f uul S*^^'' *''^^- ' ^^'>- 
 ^ot necessary to n/Ln./. , ' 
 
 .necessity of providu,,, in |,v ]aJe . 
 
 Kssue..or.O. J^^'>'"« a.sess„.ent before debenturen 
 
 For providing how assessment shnll i • 
 Fora,scertaining pronertv Ji«l ) * ^° i'^'^'- 561. 
 
 Modeof -ses«iSgVopSy1 S/'S*'' '''' 
 How proportion of beiiefii- J i ■ "^ '' 
 
 Cdiirtof Revision to have sutnmo • ^"''^s. 552. 
 
 5^5., -""".ary jurisdiction as to assessment. 
 
 How such Court constitute,! ".s, ' 
 
 Clerk to transmit assessment rr 1 1 In 
 Appeal from Court to Sy J ^i^Sf "^ ^^^''«'°". 55.3. 
 
 For .W™.in/r,™r„S 'K" """t "PPeul, 554. 
 Power, of cmi.dl, to rem ,v. „h^. ? ""' »<"■'". 554 
 
 '• I i! 
 
1278 
 
 INDKX. 
 
 BY-LAWS— ((7on<iMM«/.) 
 
 liy-law may ho Hurved ou property owners interested iii»te»(l of 
 
 Ixsiii^' ptihIiHiiuil, SOO. 
 
 How Huch Horvice niiiy be effooted, BfiO, 
 If no applic.'itioti to <|ii.iiih liy-law within time apooificd liy i^^,. 
 
 hu valid notwithHtaiidinu defects, 660. 
 Power to aiiioiid l>y luw when insutfi'Ment means provided t 
 
 cornphitu worit, Ml, " 
 
 Curtain provisidns not to npply to such by-laws, ff62. 
 Dcbunturi'u not invalid though not in uccordanue with hv lnu, 
 
 502. ' *' 
 
 Jioad, lirliliff., and Ilarhour Com/xiHteii. 
 
 For taking Htook in, or making grants to, 3S7. 
 AsHent of electorH nvceHsary, •'{58. 
 
 iSc/iooIm. 
 
 For ac(|uiring land for, and providing for the establigbnient of 
 Rchoolu, ^^81. 
 
 Sidi walks. 
 
 For preventing riding or driving on sidewalks, 423. 
 
 Siukiiuj Fund, Iddiiction of. 
 
 For .anthori/.iiig rudnotion of annual ninking fund, 378. 
 Assent of Lieutcnant-Ciovernor required, 378. 
 
 Snoiii Fences. 
 
 For ru(juiring removal or alteration cf fenueH on highways, ^ 
 Srioio, Jce, and Dirt. 
 
 To compel removal of snow, etc, from roofs and siilewalks, 4,'i|| 
 Liability of owners or occupants for accidents caused byauouDiiiJ 
 lation of Hiiow, etc, 4.'il. (?«) ] 
 
 To clean sidewalks, streets, etc., 4?1. 
 
 Council may define curtain areas within which snow by law | 
 apply, 433. 
 
 Snow Rond-i. 
 
 For making double tracks in snow roads, 541. 
 
 Statute Liihour. 
 
 For empowering persons to compound for, 470. 
 
 Fixing aniount to be paid for C(miniutation, 470. 
 Fixing number of days' st.itute labour, 471. 
 Knf«»rcing performance of, 471. 
 He^uliiting performance of, 472. 
 [{educing or abolishing, 472. 
 
 Keeping iiighways open in winter and using statute labi 
 therefor, 472. 
 
 Steam Enf/inex. 
 
 For regulating distance from highway at which engines majrj 
 
 used, 476. 
 For imposing penalties in certain cases, 476. 
 
 Streets. 
 
 For preventing persons from throwing dirt etc., in streeta, 
 
 etc., 389. 
 For regulating traffic on streets and width of wheelg, 442, 
 For prohibiting and regulating coasting or toboggaoiog, 443,1 
 
 
on property owners interestod liutead of 
 
 miiy be cffucted. BfiO. .« , , , 
 
 iBh bylaw within time specified hy Uw to 
 amliiiK defects, 560. 
 aw when insutfioient moans provided to 
 
 \\U to apply to such by-laws, 562 
 
 d though not in uccordimce with l>y-Uw, 
 
 ,r, and providing for the establisbment of 
 or driving on sidewalks, 423. 
 
 a or alteration of fences on highways, M. 
 
 f snow etc., from roofs and sidewalks, «lj 
 ,1- occupants for accidents caused by acounm.' 
 -tc, 4:U. (m) 
 
 Btrects, etc., 4?1. v , , 
 
 certain areas within which snow by law l 
 
 tracks in snow roads, 541. 
 
 ■sons to compound for, 470. 
 
 to be paid for commutation, 470. 
 
 of days' st.itute labour, 471. 
 
 )rmanco of, 471. 
 
 forniance of, 472. 
 
 (olishing, 472. . . . , , i, 
 
 ,ays open in winter and usmg statute labi 
 
 i72. 
 
 Bince from highway at which engines ma^ 
 
 Ities in certain cases, 476. 
 
 •8ons from throwing dirt etc., in streets,! 
 
 Hie on streets and width of wheels, 442 
 d regulating coasting or toboggamng, 443, 
 
 BVLAVVS-(Con/,'»,«rf. 1279 
 
 Te/fi/mph /'o/,.s, 
 
 For regulatin;^ the orctinn of t«l 
 'Macro. ^**'*'«'"«P''P«K otc.,444 
 
 I-'or regulating tlio unj,. ,./ * , 
 
 M«f t.i.KH may l.o u^d i, in '. . '"'n ^'"' t"^"«hi,« 470 
 Tr..iaU Tra,l.r. ' "'^'' ''''''-"'•' ''''tiou^l^Jtherei^ 4-, 
 
 ''or rcgulatini/ and li,...,. • 
 Tms, Shrnh., .,r. '"« *'-'*"«iont tr,ulor«, .^80. 
 
 Kor niukinu ifLrnin^.- 
 
 Kncouragi,.^ XA,iut\JZ2n, *'•''•♦'«. «tu,„p„, 7o' S 
 HfiiK.vrtl ol' tlfos oI.il. ."''' *'■•■<•«. .'<!»•> ' ****^- 
 
 ViclualUn,, Home., A'c, ' ""*'"*?'•'«'' Viaya, 540. 
 
 For Jimiting nunilwr of , 
 
 .m ^ "^' *"'' ••««"Jati..g houses , f 
 
 For lioenHi„« and /ixi..^, ,,.,,„,^ . , " "^ <'"tortaiument. 
 
 Water. '*' ''^*"'«t; foes for 8nino, .S79. 
 
 For contractijiff n-i^l, 
 
 ForcoDNtnicfcinL' j. nv.i. '"^ '"'" supply, „ot,,,r„ . , 
 
 , .*• /'"•cJi iHiiiif A,. ,. i •'' ""'' atiected Ian 
 
 f»r j,rev,;„ti„gt],« „„„,.,, ,.„ . ' ""• 
 
 M.,, J,™/,;,,,, "^ """'"•■"'■'>■ <""...ihpr„vi,i„„,38„ 
 
 fees, 407 '"'""''""^ng weighing ,„achin.- . 
 
 WaLanU.. ^ '"*"^'««« a«d charging 
 
 '"^ K"f.rC'%'-''« «^«" be deeded en i . 
 
 IV ^ 
 
 It '» 
 
 lit !' 
 
 I ll 
 
 f'^-'-: 
 
 I 'i! 
 
m 
 
 m 
 
 
 f :i 
 
 
 1280 
 
 INDEX. 
 
 CAB STANDS— By-laws for assigning places for, 444. 
 
 CABIXET-MAKERS' SHOPS. 
 
 By-laws as to use of fire or lights in, 428. 
 
 CABS. 
 
 Police Commissioners to license owners of, 325. 
 By-laws for regulating and licensing, 465. 
 
 CANADA TEMPERANCE ACT— /See Liquor Licenses. 
 
 CANADA THISTLES. 
 
 By-laws for preventing growth of, 389. 
 
 As to duties of railway companies with regard to, 389. (y) 
 
 See Noxious Weeds. 
 CANDIDATES. / 
 
 Must elect between two oflSces where nominated for more thai 
 
 one, 93. (r;) 
 May request Poll-Clerk to enter up property upon vhich vod 
 
 claims to vote in poll-book, 99. 
 Cannot be ejected from polling place except for niigconduct, Iji; ( 
 May act as relator in proceedings to contest election, 13", 
 
 See Controverted Elections — Elections. 
 CANVASSING. 
 
 Evidence of agency, 155, {g) 
 
 See Elections. 
 CARIBOU— 6Ve Game and Fur Bearing Animals. 
 
 CARPENTERS' SHOPS— By-laws as to use of fire or light in, 428. 
 
 CARRIAGES. 
 
 Hire of, to be deemed bribery, 161. 
 
 Police Commissioners to license owners of, when used fo' i, 
 
 325. 
 
 iSVe Highways. 
 
 CAlkS — By-laws to prevent children riding on platforms of, 445, 
 
 CARTS — Police Commissioners to license ownera of, 325. 
 
 CASTING VOTE 
 
 To be given by Clerk where recount results in a tie, 123. 
 In election for Warden to be given by Reeve of niuniciiJ 
 
 having largest assessment, 172. J 
 
 Clerk not entitled to give, where there is an equality of votj 
 
 certain liy-laws, 232. 
 Returning Officer to have, in police villages, 614. 
 
 See Elkctions. 
 CATILE. 
 
 Owner of, not bound at Common Law to keep up fences, i 
 By-laws for preventing leading or driving on sidt-walb. 
 By-laws for prohibiting driving of, on streets, 443. 
 Market fees upon, 447. 
 
 See Highways — Pounds. ' 
 
ACT— See Liquor Licknses. 
 
 V^EEDS. 
 
 a two offices where nominated for more thaj 
 Clerk to enter up property upon vhich vot( 
 
 ^Y^Sfpla'c'eexceptfornusc^ 
 hi proceedings to contest election, 13,, 
 SBTED Elections— Elections. 
 
 3y, 155, (sr) 
 
 s. 
 
 D Fur Bearing Animals. 
 
 -By-laws as to use of fire or light in, 428, 
 
 re^stSse'ownersof.whenusedfo: 
 
 .YS. 
 
 nt children riding on platforms of, 445. 
 
 sioners to license owuera of, 325. 
 
 Clerk where recount results in a tie, 123. 
 Warden to be given by Reeve of nmmcii^ 
 est assessment, 172. j 
 
 ed to give, where there is an equality of votj 
 
 laws, '232. „, I 
 
 er to have, in police villages, 614. 
 
 ONS. 
 
 bound at Common Law to keep up fence?,: 
 venting lending or driving - sidewalks, ^ 
 .hibiting driving of, on streets, 443. 
 )on, 447. '. ii i 
 
 V AYS— Pounds. , .' 
 
 or 
 
 INDEX. 
 
 CBLLARS-^ce Dbainaoic. ^^^^ 
 
 CEMETERIES. 
 
 By- uws for acSr tS I^'°*« >", ^sS ' "^ ''' '''^P«««d of, 38,3., 
 Certam lands not to f « la ^"^^''^^^gement of 3«^ 
 
 interment of the dead a i • ^''*'^''' ^^"^t«. &c. . 
 
 tTiireliable, bv-Iaw «f • 
 
 May be takeif unir byS^^^^^^^^^ "i-gal, 16 a) 
 Of lown or Vii) .^ -^ ''^ f^' Town c,^\t'u ^*' 
 
 Ket..r„s o? to febH? 5^ ^'^'^^n -? a' i l^^' JS^"""^. 23. 
 
 iTIFICATES. 
 
 Of qualification inav K„ • 
 
 lo^l^e registered of nroce J- ^P"*^ beeves, 51. 
 
 I-orm of, 2«7. ^''^^^^dwigs to q„ash certiin K , 
 
 f" '»^ 'ogistered of disn,;, , . ""'^*'"» by-laws, 266. 
 
 Form 267. "isinissal of action f^ 
 
 Of ownership, negotiation of 1 u '"''' '^"^^^^ ^66. 
 
 meut of 305, V"°' clebentures restricted bv . 
 
 blCATES AS TO ASSv.Zr ' ''^^"^• 
 
 Clerktogivece;tifi'ate1f?''^^«^L. 
 
 Assessment Kol] jnf *^*''^' «f return and fi , 
 /^' "';^y be charged or L ''^^ ''"^'^'on o 
 
 Penalty for neeleof f^V . • 
 
 ;TobJvidenceTclt"^^^^^^ 
 
 ■ *«ASSESSMBXT '*^®P»"'i02. 
 
 IttRARI. 
 1161 *^SRs- Writ of Ckrtiorabi. 
 
 i t 
 
, 
 
 liIFf'l 
 
 1282 
 
 INDEX. 
 
 CESSPOOLS. 
 
 ^4. By-liiws for filling lip, 400. 
 
 For regulating the construction of, 402. 
 
 CHAIRMAN. .n-.,!.,.v»>,'.-. ., ; .. .,...11-.; :, 
 
 To be appointed by nomination meeting in absence of Clerk 89 
 Duties of at anil after nomination meetings, 92, 94. (h) ' ' 
 ' , _ May expel persons from Council meetings for improper condupt 
 
 ''""'■ 175. 
 
 May preside in absence of heads of Council, 178. 
 May administer oaths at Council meetings, 201. 
 See Public MKEXiNtis. 
 
 CHALLENGE. 
 
 Certain persons subject to when called as jurors, 315. 
 
 CHARCOAL FURNACE. 
 
 Not to be erected in police Villages, 618. 
 
 CHARITABLE INSTITUTIONS. 
 
 By-laws for granting aid to, 462. 
 
 CHARITIES. 
 
 By-laws for granting aid to, 358. 
 
 CHARIVARIES. 
 
 By-laws to prevent, 423. 
 
 CHATTEL MORTGAGES. 
 
 Certified copy of to be filed in new County office, 44. 
 To be in force in new County until renewable, 44. 
 
 CHEESE. 
 
 Abolition of market fees upon, 446. 
 
 CHEMISTS— »Sefi Liquor Licenses. 
 
 CHIEF CONSTABLE. 
 
 Disqualified for election to Municipal Council, 61, 
 High Bailiil' may act as, .327. 
 Appointment of in Cities and Towns, 327. 
 Appointment of in Towns where there are no police boards ; 
 Power as to arrests for ofl'ences not connnitted in liis vitw,; 
 Mayor may suspend in certain cases, 333, 
 incapable of acting during suspension, 334. 
 iSalary of to cease during buspensiou, 334, 
 Sef. Constables. 
 
 CHILDREN. 
 
 Police Commissioners to control, when engaged in certain tJ 
 
 326. 
 By-laws for preventing sale of liquors to, 394. 
 
 'Vo prevent children from riding behind waggonsicj 
 To prevent sale of tobacco to, 445. 
 Stt Infants — Shops — Vaccination. 
 
 ''-'OiS^^H^y 
 
nomination meeting m absence of Clerk, 89, 
 
 r nomination meetings, 92. 94. (h) 
 
 om Council meetings for improper conduct, 
 
 ject to when called as jurors, 315. 
 
 to be liled in new County office, 44. 
 lew County until renewable, 44. 
 
 lection to Municipal Council, 61. 
 
 act as, 327. 
 
 in Cities and Towns, 32/. ,. , , , 
 
 in Towns where there are no police boards,] 
 sts for otl'ences not committed in liis view, 331 
 (end in certain cases, 333. 
 ing during suspension, 334. 
 ie during huspensiou, 334. 
 Bl.KS. 
 
 ioners to control, when engaged in certain ti| 
 
 venting sale of liquors to, 394. 
 veui children from riding bebind vaggonsid 
 vent sale of tobacco to, 445. I 
 
 rs— Shops— Vaccination. 
 
 './; 'i' 
 
 (!/) 
 
 INDEX. 
 
 CHIMNEYS. J 283 
 
 CHRISTMAS DAY. ^"latfes, 617, 618. 
 
 Provision when n^r^* i- 
 
 By-laws for reculaHn^ ' 
 
 Exempt from Sfe ^«« fr^*". 360. ; - ^ 
 
 -y^e Public BuiLDiNQs. : 
 
 CIGARETTES.. "■'"" '' ^ ;''-'-,.,:- -, , ^^^ ' ' '. '/^ ^^ '^- ' 
 
 By-laws to license 'and rem,],* , 
 
 I CIRCUSES. . . '**"• 
 
 Noise oa„.ab,«a,.„„„„;^^^^.^ 
 
 I CIRCUS-RIDING. ; ., ^^ 
 
 By-laws for licensing and rerrnl.f „ 
 
 Licenses not to be gfantedfr^cttlt^^^^ ■ ■ 
 
 Counties in themselves for \f •• 
 
 Lieutenant-Governor wav dpVi"'*'-P^' Purposes, 25 
 Extension of, 26. ^ determine limits of 25 
 
 May be divided into wards hvT- . ' ' 
 
 Continue part of Counties for «"*^"^°*-Govemor 2fi 
 Adjustment of debts and a^s .'"' P"''P"«««' 27 * ^^' ' 
 
 W^aSttnd Council "" ^""^^""^^ °^ ^^-^^ - 
 
 tions, 78. ^ P*'' ^^'-'^^ appointing piace for », u- 
 Nomination for adjoining T u • ^^"^'"^ ^^«<'- 
 
 Ballot papers for use i'^^J^r'^^P T^ *«ke place i„ o, 
 JVhat voters' list to be .se/Jl^P^''''^' 97. ^ '"' ^^- 
 
 Mayo/to be si' S," ;t"'' '"■> '°'P-"ic office, i. ,„ 
 tolJectors and assessors +^u ' '**• 
 
 Assessment Commissioner mavffi^'"*"^. '"' 189- 
 
 CouncilmayorderalUcoo^unJ^to^rrCdV'}' ^^• 
 
 auaited before payment. 195. 
 
 ¥ 1 
 
 I 
 
 :i*l 
 
 
 .M 
 
 f. !^ 
 
1284 
 
 INOBX. 
 
 m 
 
 
 iVr 
 
 C VVlES—iContimied. ) 
 
 Accounts may be audited daily in, 196. 
 May guarantee payment of local improvement debentures, 258 
 ii, r Aldermen to be Justices of tlie Peace, 309. 
 
 When required or entitled to have a Police Magistrate, 309_ w, 
 t. Police offices to be established in, 322. ' ' 
 
 To have local board of Conmiiasioners of Police, 323. 
 Police Commissioners to license certain trades and occupationj 
 
 in, 324. 
 County gaols &c. , may be erected in, 335. 
 Court houses &c., in when not separated from County, 335. 
 To sharo liability for maintenance of County buildings, 342. 
 Liability of, to contribute to expenses of court house &c,, 343 
 To pay compensation to Counties for use of County buildings 344 
 Wheio chiim for lands taken or injured not more than j'looo 
 , 1 Jutlgo to be sole arbitrator, 374. 
 
 By-laws fur dividing wards into polling sub-divisions, ,3/6, 
 Saving chtuscs as to boundaries, in Municipal Act, 620. 
 
 See By-laws — Elections. 
 
 CITY COUNCILvS. 
 
 See By-laws— Meetings of Municipal Councils—Mcni. 
 ciPAL Councils. 
 
 CIVIL SERVANTS — Exempt from serving in municipal office, 66. 
 
 (.'LASSES— <,*?ee Fhke Libraries. 
 
 CLEIKJYMEN. 
 
 Exempt from serving in municipal office, 66. 
 Stipends of, exempt from taxation, 721. 
 
 CLERKS. 
 
 To make declaration of number of voters and give c 'tificate ofl 
 
 qualification, 51. 
 May reject certificate of qualification, if informal, 51. {q] 
 Form of certificate of qualification to be given by, 52. 
 Form of declaration of number of voters in municipality to 
 ' • given by, 53. 
 
 To notify County Council of vacancy in office of Warden 131 
 If required, to call a special meeting to fill vacancy in office 
 
 Warden. J.S2. 
 Should not act as relators in quo ivarranto proceedings, 13", ( 
 • ' To be appointed by every Council, 181. 
 To keep record of proceedings, etc., 181. 
 Provision for absence of, 181. 
 Minutes, etc., of, to be open to inspection, 182. 
 Should pay over fees for copies, etc., to the Corporation, 182. 
 To make returns to the Bureau of Industries, 182. 
 Disqualified from being Auditor, 192. 
 
 Extent of disqualification, 192. (c) 
 To make declaration of office in prescribed form, 199. 
 May administer certain oaths, 200. 
 To sign By-laws, 217. 
 To register by-laws creating debts, 265. 
 To be deemed an officer of the Courts, for certain purposes, 31 
 
id daily in, 196. ^ , , . 
 
 5 of local improvement debentures, 258. 
 
 i of tlie Peace, 309. ^^ . . ^ „^„ 
 
 led to have a Police Magistrate, 309. (d) 
 
 blished in, 322. 
 
 Commissioners ot Police, AZA. 
 
 license certain trades and occupations 
 
 be erected in, 335. 
 hen not separated from County, 335. 
 laiutenance of County buildings, 342. 
 lite to expenses of court house &c., 343. 
 Counties for use of County buildings, 344. 
 . taken or injured not more than SlOOO, 
 •bitrator, 374. , , ,. . . 
 rards into polling sub-diyisionai, 3/6. 
 )undaries, in Municipal Act, 620. 
 
 ECTIONS. 
 
 EETINGS OF MCNICIPAL COUNCILS— McNI- 
 
 from serving in municipal office, 66. 
 
 ES. 
 
 of number of voters and give <. tificate of] 
 
 , of qnalification, if informal, 51. (,7) 
 (iualilicati<m to be given by, 52. 
 of number of voters in municipality to I 
 
 iincil of vacancy in office of Warden, 131. 
 special meeting to fill vacancy in office 1 
 
 ators in quo warranto proceedings, 131 
 •very Council, 181. 
 oceedings, etc., 181. 
 
 B of, 181. . ^^„ 
 
 be open to inspection, 182. 
 
 I for copies, etc., to the Corporation, 182. 
 
 the Bureau of Industries, 182. 
 
 ing Auditor, 192. 
 
 alification. 192. (c) ^ 
 
 of office lu prescribed form, 199. 
 tain oaths, 200. 
 
 7. 
 
 creating deV>t8, 26». . 
 
 icer of the Courts, for certain purposes, 31 
 
 INDEX. ' 
 
 CLERKS- (Cmtinued,) ^^86 
 
 In cities and towns fn «„«. \^ 
 
 Co Mt M Deputy ReC ■„„ Offl'"' ** 
 
 CLERK OF COUNTY COURTS '''''^^°*'«8- Voters' Lists 
 
 Appointment of in P.„,i3j„„^j ,, 
 
 CLEIJK OF THE PEACE. """i^y. 41. - 
 
 Appointment of in p«^ • • 
 Copies of voters' list, fo.„s^""S'I»'l Council, 62. 
 
 CIJIKK OF THE PROCESS 
 
 May issue writ of summons to try validitv . , 
 CLERK OF WORKS. , / ^"^ ''^ election, 146. 
 
 Form of declaration of office to k- \, . 
 
 ao™ BOADs_.« „,„„ J^' '" ■- ""O^ ^^. "». • . . , 
 
 ('LUBS—5ee Liquor LioE.'jsEs. ' 
 
 I ""^-"J--''"' '"' regulating 'th, ,veighi„, „, «, 
 
 "^*™«-«^-'™ for prohibiting of .!!'; 
 COIXiiCTION OF BATES-.,,. Ai.^Z^""'' "«• 
 
 JCOLLECTORS. '^^ 
 
 TO pJiare iist „.■ .ie.ui JH T"' "' "^"' "' *"- 
 
 ..»;^p«.on„,.,,^ni^™r^iij»-„^^^ 
 
 To make returns to Tre.,s„ror of '•"•-)■„.(„„, 
 
 In cities K'-Sav'^t'^ilt.'Sri^^'*-. 190. 
 Of tora,l„p i„ j„„i „S"^™'« »f the Counoil, 19™ 
 
 Councif 191. """"'y *» I* collectors for Pro,!.- ■ 
 
 To pay over moneva to P. • ■ "'ovisional 
 
 toponsiUe in junSrt^tv'toS' T^""^^ IW- 
 
 Penalty for „,uslS^ t '^Zm^'^' T 
 
 Pt oisoe or male deckration., 201. 
 
 y.4 
 
 I ! 
 
 ' I 
 
 U ' 
 
 'iH 
 
1386 
 
 Hi 
 
 INDEX. 
 
 r i. I. Vl l>, I'l' f r 
 
 COLLECTORS— (Continued. ) 
 
 SheriflF to issue precept to, for collection of execution rates, 3)9 
 To be deemed officers of the Courts for certain purposes, 319, 
 , , . See Algoma, etc. —Assessment — Executions AGAiNSTMnx,. 
 
 OIPAL COBPORATION8. 
 
 COLLEGES. 
 
 Professors, etc. , of, exempt from service in municipal office, 66 
 By-laws for regulating means of egress from, 360. 
 Exempt from taxation, 718. 
 
 See Public Buildings. . . ' 
 
 COLLEGIATE INSTITUTES. ' ' 
 
 By-laws for granting aid to, 465. 
 
 COMBUSTIBLES. ' ' ' 
 
 By-laws for regulating the keeping and transporting of, 424. 
 Keeping of, may be deemed a nuisance, 424. (c) 
 
 COMMISSION OF INQUIRY INTO FINANCE. 
 See Finance. 
 
 COMMISSIONER OF PUBLIC WORKS. 
 
 Lieutenant-CJovernor may declare roads no longer subject to, 51] 1 
 See Toll Roads. 
 
 COMMISSIONERS. 
 
 Form of declaration of office to be made by, 199. 
 
 See Assessment — Highways — Liquor Licenses - Ton 
 Roads. 
 
 COMMISSIONERS OF POLICE. 
 
 See Police Commissioners. 
 
 COMMISSIONS. 
 
 Extent of authority under, after dissolution of union of C'ountia 
 41. id) 
 
 COMMITMENT— 6'ec Penalties. 
 
 COMMON LAW. 
 
 Office of Alderman a franchise for life, 77. (c) 
 
 Bribery an offence at, 155. (/) 
 
 Principle of, that witness need not criminate himself Inimi 
 
 in proceedings for bribery, 167. 
 Refusal to accept office an offence at, 201. ij) 
 Corporations may appoint requisite Officers at, 206. 
 By-law in variance of, must be clear and unequivocal, 208. 
 Duties and powers of Constables at, 328. (7) 
 Dogs had no intrinsic value at, 385. (s) 
 Did not impose obligation on owner of land to keep up feni 
 387. (v) ^ 
 
 See HiQiiwAYs — Nuisances. 
 
 COMMON SEAL. 
 
 6Ve Corporate Seal. 
 
t to for collection of execution rates 319, 
 of the Courts for certain purposes, 319. 
 _As9E3hment-ExeoutionbagainstMun,. 
 
 RATIONS. 
 
 .empt from service in municipal office, 66, 
 g means of egress from, 3b0. 
 n, 718. ', 
 
 iDINOS. 
 
 .g the keeping and transporting of, 424. 
 deemed a nuisance, 424. (c) 
 
 JLIC WORKS. 
 
 ,r may declare roads no longer subject to, 511, j 
 
 'S. ' "' ^ ' ' 
 
 1 of office to be made by, 199, 
 
 T - Highways - Liquor Licenses -Tou 
 
 under, after dissolution of union of CountiJ 
 
 1 a franchise for life, 77. (c) 
 
 witnefs need not criminate himself infrJ 
 
 rs for bribery, 107. 
 office an offence at 201. [j) 
 appoint requisite Officers at, 206. 
 
 .^SUustl^lear and unequivocal. ^^^^^^ 
 
 ■8 of Constables at, 6M. (Q) 
 Ys— Nuisances. 
 
 INDEX 
 
 COMMUTATION OF STATUTE ,,,Bot;K "" 
 
 Shareholders in iin«- ,j- ..„ •" . 
 
 ^ porations.' 04 ' ^''^^"-J'fiect by reason of dealin.« .u 
 Requisites to validity of Bv I ■ ^ ""'^^ <'°'- 
 
 '^'ee A.ssEssMENx!,uSvr '" "' "'' '''' 233. 
 rO-VirUTATION OF TIME ,, ' 
 
 .ye'^TiME. " .[^'., ' :^" -•■■ ' . ■ 
 
 COXCESSIONS-Proceedings to estahn , 1 ' 
 COmilMATlON OF BY-LAWS-^ ' '"'^^""^ «f' 400. 
 (UVSERVATORS OF THE PEACE ' ^''"'^'^'' 
 
 Who to be, at elections, 8? ' ' •, 
 
 CaXSTABLES. * ^ ■' -■ 
 
 Form of declaration of Qffi^„f , 
 Cannot take reward .\?^''^ ^"''' 199. 
 
 Origin of office of, 327 (v) ^""'^ ^^ "''^''^'"y. 20.3. (c) 
 
 Not neces.sariJy a police officer 397 . . 
 May arrest persons a.,^ i ? '*27. (;> 
 
 328. Uj) ^ '^"' ""S'-^g^^l "» breach of the „.„ 
 May arrest persons loiterinrr of ■ k "" '''®^' 
 
 Need not assist persons in • .• '' '^ '^^"'^ committed, 
 
 ----^^----onreasonabCi ?'"" 
 MaynotaV%stperson.for.„is,em '' ''''^''^^- ot felony. 
 
 To •^-•vppointi'l'by Wijrjo^rP""'^ ^^ ^- .^"32?'.'^ " '^> 
 Oath of office, 330 ^^'"'"Jssioners, 329 ^' *• ^^^ 
 
 lobe subject to Police" Pnm^- • 
 
 Vbore no Commi.ssbnersTr'^r^''^' ''^30. 
 Anests i.y, for breaches of .?."'' ^'^ ^'^P«'"t. S.S'^ 
 Statutes authorizi,^, an-e,V vT "°* «"'nmit ed in vi r 
 
 :m. (c) -- '^'^"''* «''tbout warrant strifi ''^' '"^^S, 
 
 t'ntil Hoard organised M.v ^ construed. • 
 
 Incipacity of susi^enTh'.,? ^^'''' ""^y «»spend from .«? 
 
 "°^rAt;;,;;:i'S'■"S^^^3s:'■"''•'°-^ 
 
 m I 
 
 P ' M 
 

 1:; 
 
 i. 
 
 1288 
 
 INDEX. ( 
 
 CONTAGIOUS DISEASES. ' ' 
 
 Offence to expose person atUicted with, 389. (j/y) 
 »; Bylaws for pruventioo of spreading of, 406. 
 
 See DoMESTU! Animals — Public Hkalth— Vac(;ination, 
 
 CONTRACTORS. 
 
 May not be elected to Council while dealing with Corourati 
 .r , 63, 63. (p) "'"• 
 
 Diaqualiiied from being Auditors, 192. 
 Extent of disqualification, 192. (r) 
 
 CONTRACTS. 
 
 By Municipal Corporations, effect of, when ultra virtu, 14. m 
 
 <S'«f MUNCII'AL COKPOHATIONS. 
 
 CONTROVERTED ELECTIONS. 
 
 How question of validity of election or right to eleqt to be tnu i 
 
 13(). '"J 
 
 Questions formerly decided l)y quo tvarranto proceedings. 136 ((■il 
 Superior Court no power to interfere where County Court Jiij , J 
 
 set aside writs of quo warranto for irregularity, 136. If] 
 Who may be relator in quo warranto proctedingfl, 13(;. („j 
 Candidate, no certain meaning Hxed by law to term, 136. {n\ 
 Clerks should not be relators, 13(). ((/) 
 Proceedings nuiy be attacked by stranger on ground df tollniiii, 
 
 136. (;/) """ 
 
 Time within which proceedings to be instituted, 13S. 
 Affidavit to be made by relator, 139. 
 Security to be givenby relator, 140. 
 Judge may direct writ of summons in nature of qjw u-arranti t 
 
 issue, 144. 
 Evidence on return of writ may be vira voce, 144. 
 "Month" means calendar month, 139. {h) 
 " Quo warranto," old practice abolished by rules, 140. (t) 
 Form of notice of motion, 140. (k) 
 
 '* of fiat for writ of summons, 140. (k) 
 " of recognizance, 142. (I) 
 " of affidavit of recognizance, 143. (m) 
 When relator claims that he or some one else was duly tiectJ 
 
 writ shall be to try that fact as well as invalidity of clectia 
 
 of another, 144. ] 
 
 If several elections complained of on same ground relator nj 
 
 proceed by one writ, 145. 
 Where more writs than one issue to try same election, all i 
 
 be tried before one Judge, 145. 
 Who to issue writ and where returnable, 145. 
 Writ to be served personally unless party keeps out of the way, 1 
 Judge may order returning officer to be made a party, 146. 
 Judge may allow certain parties to intervene and defend. \^\ 
 Judge shall try summarily, 146. — ; 
 
 Issue may be ordered to try facts, 147. 
 Form of order for trial of issue, 147. (y) 
 Form of record for trial, 147. (y) 
 If election invalid Judge to remove person unduly electtd j 
 
 admit person elected or order new election, 148. 
 
INDEX. 
 
 1289 
 
 arson afflicted with, 389. (j/y) 
 lion of spreading of, 40(5. 
 
 .NIMAL8— Pum.IC HkALTH— VACriNATION. 
 
 to Council while dealing with Corporation 
 
 orations, effect of, when ultra vireo, 14, m 
 
 CORPOHATIONS, 
 
 rioNS. 
 
 ilidity of election or right to elect to be tritd I 
 
 decided by quo tvarranlo proceedings. I3g, (/|i 
 power to interfere where County Court JujJI 
 of quo loarranto for irregularity, 136. (/) | 
 ir in quo tvarranto proctediugfl, 13(1. (yj 
 lin meaning fixed by law to term, 136. (y) 
 be relators, 13(5. {</) 
 e attacked by stranger on ground df eolluiioa 
 
 I proceedings to be instituted, 13S, 
 
 ie by relator, 139. 
 
 nby relator, 140. ' 
 
 vrit of summons in nature of quo warranioi 
 
 I of writ may be vira voce, 144. 
 
 jalendar month, 139. {h) 
 
 old practice abolished by rules, 140. (k) 
 
 notion, 140. (k) 
 
 •it of summons, 140. (k) 
 
 ice, 142. (I) 
 
 if recognizance, 143. (m) 
 
 08 that he or some one else was duly tlectJ 
 
 o try that fact as well as invalidity of eiectid 
 
 4. 1 
 
 8 complained of on same ground niatcrd 
 
 e writ, 145. 
 
 than one issue to try same election, all 
 ts one Judge, 145. 
 
 and where returnable, 145. 
 lersonally unless party keejjs out of the way, ]i 
 •etuming officer to be made a party, 146, ] 
 jertain parties to intervene and defend. 146, 
 mmarily, 14(5. 
 red to try facts, 147. 
 
 trial of issue, 147. (y) 
 r trial, 147. (y) 
 
 Judge to remove person unduly electtdi 
 elected or order new election, 148. 
 
 ,«NTROVKRTED ELECnoNS-,c.„«,„„„, 
 Form of order to bo made l.v t i 
 If all niemborsunscatQil wJlt "^""S^ a"«r heariuj/ ua /»» 
 
 Defendant may cKroxtr Tvf ''*'"" *«'^ 
 
 plamed of, 149. '''''^P' ^^^^e'e corrupt practices dmn 
 
 Form of d schumcr bv .ut i ^cuces com- 
 
 Disclaimer to be eLS- edTV'*' '^"- 
 
 :-;¥:'--'--^^^^^^^^ 
 
 Form of disclaimer, I5i "piained 
 
 Disclaimer to onpi-nfn «„' 
 
 WI)o to be deenSlLSer'f ''*""'' '^l- 
 
 Duplicate disclaimer to be dJuJ^ •'js^laimer sent in, 161 
 
 Clerk to notify council of £,■'■*''**" '^J^rk, 151. 
 
 When co.sts to be aw^vlirJ •'''"'*''■' 1«J • 
 
 Costs generally to be in <1 scSon ^f'T? '''"claiming, m 
 
 Judgment to be final and to b^.?"/'^ "'"''fe"^' •■'">2. 
 
 Judgn.ent to be enforced S u c^s^Tr^ *" ^'^"rt, 153. . 
 
 emptoryman.lamus, 153 ""-^^""y ^y.^ntm nature of ner 
 Payment of costs to be Pnfr.r.L i i *^ 
 
 Judges may make rufera^'rftm^ r^^t"' ^•''*- 
 
 iNVEYANCES. 
 
 Hire of, to be deemed bribery, mi ' . . ' 
 
 INVICTIONS. 
 
 Legality of By-laws mav bo rn,»o*- 
 
 242. (k) ""^^ ^« 'luestioned m proceedings to qu-tsh 
 
 Form of, when under By-laws lir ' 
 
 Should show whom Bv iaw ^!' ,^• 
 
 Onu^sionof dateorti?wCw^'^'-,?'«- N 
 
 bmcTs. 
 
 Disqualitied from voting, 1133 
 
 [iJIDWOUD. •' ' ■, ;, 
 
 By-laws for regulating the measurement of nn . 
 m rtrntnt of, on markets, 467. 
 
 I Abolition of market fees upon 445 '.. ' 
 *RXE1{L(^TS. . ' ■ r = ; .' 
 
 Refund of special rate for local im». . 
 liOXElJS. '«^Proveme„t8 in cases of, ;.8S. 
 
 Aniointnient of, in Drovisinnoi „^ x 
 
 Exe.„ptfromse;vinrnriral"&e'6e 
 See Infants-Sheriffs ' ^^' 
 
 fePORATENAME. 
 
 162 ' -;,;;;• 
 
 I ),. 
 
 Wl 
 
 fr'Pl 
 
 t1 
 
 ' Ml 
 
 ',,'!..« Ill 
 
 I I -;i 
 
1290 
 
 INDKX. 
 
 
 
 
 j 
 
 '.. -\\ 
 
 ' ' il 
 
 ■■ i 
 
 ( 
 
 >| 
 
 1,. 
 
 
 r 
 
 i 
 
 (JORI'ORATE SA.}AV.-[Vontinwd. ) 
 
 Cannot ho ulinn^jod ))y Muniuipal Corporation, l.'{. (;) 
 
 Varianuon in, 13. (e.) 
 
 Of proviBJonal (.'orporutioiiH, 14. 
 
 OORPORATK SKAI-. 
 
 May bo altored by corporation at pleasure, 9. (c) 
 (/'orporutiouH iiiUHt contract iinilui;, 9. (r) 
 To bo allixoil b)' (/'lorit to cortitied copies of ilooiimctits rf 
 Solicitor slioubl bo appointed by Corporation undir 201 i \" 
 Kffoct of appointment under, at a yearly salary ui'mn f I 
 
 ortieo, •_'()-). («') ' "^'•'""rtnfl 
 
 To be allixed to copy of by law to bs used as evidence 21" 
 Necessary to legality of by laws, '217. («) ' '* 
 
 Clerk to certify under to copy or bydaw, etc., tiled 
 
 ni 
 
 ine to (piash, 240. 
 WhatdeenKid Hutlicient for, ■J4(>. (>•) 
 IJydaws void for alwencc of may be treated a.s order 
 
 procoeil 
 
 lutions.'.M-.'. (k) ' -"^"orr,,o.| 
 
 Appointment of arlntrators for municipalities to lio ii.„i I 
 
 To be atlixe.i to del)enture.s, .102. """"' -^ 
 
 What del)i;nture.s valid althou^di unsealed, .lO.'i. 
 Doubt >}■* to necessity of in appointing certain officers 351 
 
 CORPORATION SURVEYORS - Bydaw for appointment of, 4G2 
 
 CORPORATIONS. 
 
 Necessity for ju<liciivl su))erintendcnce df, 242. ik' 
 When created for trading, have implietl right to boimu, » 
 and give security, 2;VJ. {k) ^^^ "^W't] 
 
 iSV« Municipal CoRroRATioNs, 
 CORPSE— ^-ee BirniALs. 
 CORRUPT PRACTICES. 
 
 See. By-La \v.s-Controvkrti;d Elkctio.ns- Klectiox, 
 
 COSTS. 
 
 May be rtcoverei', by srdicitor, &c., receiving salary '^04 
 Not^^to be allowed j>laintiff after tender of siifiicicutanie 
 
 Of commission of encpiiry into finance, how paid, 289 
 Powers of arl)itrators with respect to, 2!)8. 
 To be p.iid by Corporation neglecting to adopt award, .300 
 Powers of .Justices of the Peace as to, iil I. (i) ' ' ' 
 
 To be set off .against verdict in action for iif-'liirunce vh 
 
 amount tendered, 320. '^ " 
 
 By laws for collecting by distress, .'{G2. 
 Recoverable in action for expense of work directed by BvJ 
 
 367. ' " 
 
 May l.-v given to municipality where amount awarded for 1 
 
 not greater than tender, 375. 
 Of surveying and marking boundaries of concessious nro* 
 
 for, 411. '^ ^ 
 
 See Ahbitkations— By-Laws— Controverted Electioi 
 LiyuoR LicKNSjy— Pe.saltiks. 
 
 
INDKX. 
 
 inwd.) 
 
 y Muiiioipal Corporation, IH. (c) 
 
 utiuiiH, 14. 
 
 rpoiatioii at pleasure, 0. (c) 
 
 iiitract iiiulov, fl. (') 
 
 k to cortitio(l copies of <locunictit,8, etc |s) 
 
 jpointed l)y Corporation uiidiT, 203, (r) "" 
 
 it uiKlcr, at a yearly salary upon tenure of I 
 
 of hy-law to l)s UHed as ovidence, 217 
 of by laws, '217. (n) 
 if to copy or by-law, etc., tiled in procoed-i 
 
 •iit for, •240. (.') 
 
 lencc of may be treated as ordors or n.^M 
 
 trators for municipalities to ho under, 'iiol 
 ntures, IM)2. | 
 
 lid althonjsdi unsealed, .103. 
 ,■ of in appointing certain oflioers, 351, (d, 
 
 JRS - By daw for appointment of, 4G2. 
 
 il auperintendence of, 24'2. (k) 
 
 idinj,', have impliwl right to borrow mnii« 
 
 y, 2r.o. (k) "" 
 
 CoKrORATIONS. 
 
 CoNTK<»VKRTi:i) ElKCTIONS— Euutioxs, 
 
 / solicitor, &c., receiving; salary, 204, 
 plaintitf after tender of sutHcitnt anien 
 
 ({uiry into tinance, how paid, 289, 
 
 •s with respect to, '2!KS. 
 
 oration neglecting to adopt award, 300. 
 
 if the Peace as to, 311. (c) 
 
 inst verdict in action for negligence ffl* 
 
 sd, 320. 
 
 iig Ity distress, 3G2. 
 
 on for expense of work directed by ByJ 
 
 unicipality where amount awarded fori 
 
 n tender, 375. 
 
 narking boundaries of concessioua, proTJ 
 
 )NS—Bv- Laws— Controverted ElectioI 
 
 CKNSKa— PK.NALnE.S. 
 
 INDKX. 
 
 [coL'XCILLOKS 
 
 Quftlification for o/Fioe, 56 
 
 1291 
 
 Quftlificati.)n for office, 56 ^ 
 
 Penalty for rofuainir ♦« „ 
 
 l-OD'CILMAN. ^_ ^^' 
 
 I ^*""''f> "o'oJiirer exists in f^i- 
 
 Icol-VCILS. * "*''*»•" C^'tics, 53. (A, '■ i ;- 
 
 Moaning of word as ns«rl ;.. \j, ■ 
 
 See MvmoiVAt CWnS. ^^'""^'ipal Act. 8. 
 
 When disqualified for (,In«.f; j. ' 
 
 May recover costs while recc'iU:;j':"r'^'''''^' "'«««- «3. 
 May he heard at scrutiny of ^JoS o" h'^' -"^■ 
 lOr.VTIES. • **"• 
 
 Detined, as used in AI„„,v.i.,,,^j ^ 
 
 Hoparatum of town from ,>L i • ' ''• 
 
 Proceedings upon re-un ;„ " °'7'''''"«« .*? ''« taken, 29 
 
 Now township^nay l,o ZZ^^'-^'"''' ''^- 
 May 1)0 formed and annnvo i i ' ' 
 Laws applicable to union o i*^ l""'-''a'"ation, 3f}. 
 Seniority of, where united, .'n 
 
 6halbonamedbynrocla„uito„ 37 
 
 By- laws m force in \,ef„ro ^e. ■ , .V ' 
 
 Adjustment of debts and a'iseS . ^'" continued, 45. 
 
 Wh. oncers and cS,..erC-a^-^^^^^^ 
 
 How councils of. composed. 50 "' ""^ -Pa-tion. 
 
 Varden of n,ay resign his oHce \'il 
 Wardens to he the heads. 179 ' '•^'• 
 
 rolice Maf'istrate rmv h« „ . 
 
 Appointment oftSte^^^^^^ 
 
 Tio.v,s-M,^,c,,^, Cov^JS^ ''''^-MvyicivA, Corpora 
 jl'VTY CLKRK.S. 
 
 Declaration „f number of votP.-« 1 
 
 % annex village to onp nf f I 
 
 Adjustment of liabilities of r.ew !r""*'"«.''n which it lies 17 
 
 Jrisdiction over ToS to Jerjr^ter separati 
 M.y separate junior Townsh^fU" unK'^r' ^^■ 
 
 •t> , ,« 
 
 if B' 
 
''=ti^^; 
 
 I 
 
 kfl: 
 
 1292 
 
 INDEX. 
 
 May uiiito new TnwiiHhii) to adjacent Town«hip by hy.||, ,, 
 
 Miiy »»ito incorporatol TowfuhipB, 3fl. '■ 
 
 How coiiipoHt'd, 60. ' 
 
 May appoint two or niore viiluatora, 19H. 
 
 To iirtvu regulation and auditing of all ntonoyi paid by T,,,^ , 
 
 190. 
 
 Valuation to bo hasiH of equalization of real property by loil 
 By -liiWH for erecting ('ourt Houhu, etc., need not receiv* J 
 
 of el.'ctorB, '261. ^ 
 
 May raiHi! money to extent of $20,000, without ooient of 
 
 Certain liy Iiiwh of, not to b« valid unloHB passed at Bpecij]. 
 
 ing, etc., 202. 
 May set apart police villages on petition, fiOO. 
 
 Scf. By-Laws -CJoirnr HorsEs— I)RAiNA«iE— Euctii 
 
 niUIIWAY.S— InUIIHTKIAL KaUM— MUNKn.Atf^,,^* 
 
 COUNTY COURT CLKUK. 
 
 Appointment of in provisional County, 41. 
 
 I'apers to bo fded with on removal of chattel niortgueijiij 
 
 county, 44. 
 Discpiulitied for election to Municipal Council, 62. 
 
 COUNTY CROWN ATTORNKYS. 
 
 Discjualitied for election to Municipal Council, 61. 
 
 (.;OUNTY JUDGE. 
 
 To be appointed for provisional County, 40. 
 
 To be a I'olice ('ommissioner in C/ities and Towns, 323, 
 
 To investigate chargeu of miscoiuluct against OMicerg itt i 
 
 Powers on uch investigation, 347. {j} 
 liemuneration xf, on investigating charges against Ma 
 • Olficers, 348. ' 1 
 
 See AuUITItATIONH— ASHESSMUNT — By-LAW8— CoNTJOlj 
 El.KCTUtNS — IJITOHK.S AND WaTER CoUhSES- 
 
 AOK— Ei.r.cnoNs -Link Fences — Lh<uor Lia 
 PuuLic Health- " tkrs' Lists. 
 
 COUNTY LAW ASSOCIATIONS. 
 
 Expense of providing accommodation for library to bes 
 Cities and Towns, 342. 
 
 COUNTY PROPERTY. 
 
 Town to pay County for use of, 29, 30. 
 Effect of withdrawal of Town upon, 30. 
 
 Sec Court HorsES—HiuiiWAY.s— Gaols 
 
 COU.NTY TOWN. 
 
 Defined for purposes of Municipal Act, 9. 
 Courts to be held at in junior County, 45. 
 
 COUNTY tr?:asurers. 
 
 County Council to regulate and audit all moneyii paidb 
 .SV< Assessm KNT— Treasdkers. 
 
 •^^<^^r^ 
 
INDEX. 
 
 {('ontinwd.) ' 
 
 TowiiHhin to adjacent Town«hip by by-U, J 
 
 p(>ratc<l Townjhipi, 3fi. J 
 
 50. ,„_ 
 
 or more valuators, 100. . ■, , ^ 
 iou an.l auditing of all moneyipaid by TMai»i 
 
 basin of cciualization of real oropcity by, 
 siting ("ourt House, etc., nood not receive 
 
 '2UI 
 
 i.y to extent of $20,000, without a8«ent o(, 
 
 n of, not to be valid unless passed at specijl, 
 
 '02 
 
 police villages on petition, 609. 
 
 Aws -Cloinrr Hoithes— l>RAlNA«;E-Lucnoi 
 
 iwAvs-lNmiamiALFAUM— MuMcimConj 
 
 ■EUK. 
 
 ,f in provisional County, 41. . 
 
 filed with on removal of chattel niortgagei uj 
 
 r" election to Municipal Council, 62. 
 
 TTUllNKY.S. 
 
 r election to Municipal Council, 61. 
 
 ud for provisional Ckmnty, 40. 
 Cominissioner in Cities an<l I owns, 323. 
 
 1 chivrges of miscDiuluct against OHicers, 346, 
 a s>ich investigation, 347. (j) 
 
 of, on investigating charges against Mm 
 
 PUATIOSa— A8SEH«MKNT--By-LAWS-C()NIMiJ 
 
 ■Tioss— Ditches and Water OouKSEs-fl 
 '- ELrcrioNS — Link Fences — Livuor Licij 
 uc Health- "rKRs' Lists. 
 
 OCIA'I'IONS. 
 
 loviding accommodation for library tobtibi 
 
 d Towns, 342. 
 
 County for use of, 29, 30. 
 ulrawal of Town upon, 30. 
 ST Hoi'SES-HiuHWAY.s— Gaols. 
 
 )urpo8e8 of Municipal Act, 9. 
 held at in junior County, 45. 
 RERS. '' ■^-/-;'* 
 
 icil to regulate and audit all moneys p 
 
 ESbM ENT— TREASDKERS. 
 
 L'KT HOUSK. 
 
 Coimty By.IawM m to, to bi,„l T« 
 Kreoti.Hi of, h. l'r„viH ona ' ?'"'' '^^ 
 Must beoroot.,.1 bef 1 1 .'.'"''^J'' '«'• 
 
 1393 
 
 J'6, .1.14. (a) 
 Corporatio.^; not liable f..r r.ui of . '^ '""''"'' "'"^^ -e«l. 
 
 nyZ:^:^ZJ^i^ ' '"^ "--Hi''«i to buna, by 
 
 I«y bo erected by City (-.„.," ' l^ «-l'«ratecl, Xir, '' •^■^^• 
 
 Cmn,t\a.om,c,lt<, have care uf^; 41 
 
 Owned by (Jifcics to bo reLMiiato 1 bvV.* 
 
 Upo.i separation of union of co , H,^'7 ^'V"'";'ls. 342. 
 
 timio, 342. <-funtio« regulations as to f„ „ 
 
 Mability of Citicvs an.l Tow,.« u . , "**"■ 
 
 , , , tion ami ruuLil^ZZ 3' 34^ '""' ^•-"t-B for ereo 
 Inmirablo nitorcsts of corn,.i..f! ' .''■ "r «rec- 
 
 Liability of City to ocu.tSui'to'Ct oT'"'\^''«-- 3^3. 
 Compensation by City or Town f or uL of S"" "^' ^^'^■ 
 Agreement by City or Town wiH V" 1 ' ^'*'*- 
 
 h Bylaw, ,A (/» "'^'' ^ """ty - to „«e of. should be 
 
 Jliitturs to be considered in deter " 
 W hen amount of compensation to"bc"IST'l"^''''"*/'"°''. 345. 
 
 of may bo reconsidored. m. ' "'' ^^ '"''*•»-■«' &«., for „8e 
 Exempt from taxation, 7 If). 
 
 OF REVISION. 
 
 To'hcar apjjcals from local inm,. 
 
 Kight of appeal to, from locSCZ^moi'r'^^'"""*^' ''«'• 
 *. f A..00MA. &,.. - A.S.SE..SMK ^ !^ iVrj'"'"""'- '"'OS. 
 
 Otiicers of exempt from sorvi.... ,•.. 
 
 .By.l,i«-s for regulating keeping of. 40I 
 6fe Uomestic.Animal.s. 
 
 EilS-By-laws to prevent setting off of 423 
 
 I ?"vW ^ '"■ '"' P'J""""' of debt,, 263, m , 
 
 •i'ls Rivers. 
 
 fi r ~i. 
 
 
ilk 
 
 '''■■• M 
 
 .H-:^r' 
 
 I 
 
 ^^^i 
 
 i*^ 
 
 M 
 
 I 
 
 i li! 
 
 1294 
 
 INDEX 
 
 from, 
 
 4;s 
 
 •C'HiME. ■■viV., ;■. ■. ■ 
 
 Seat in Council vacated by, 119. ' 
 
 By-laws offering rewards for detection of, 367. 
 
 CRIMINAL PROCEDURE. 
 
 Municipal Corporations cannot regulate, 313. (/) 
 
 CRIMINALS. 
 
 By-laws for rewards for detection of, 367. 
 Disqualified from voting, 1133 
 
 CROSSINGS.— 6'ee Highways— Railways. 
 
 CROWN. 
 
 Councils may contract debts to, for purchase of public work 
 Rates may be imposed for purchase of public works from 
 Cannot after dedication deprive public oi use of highway 
 Freehold of highways to be in, 480. ' 
 
 Property of, exempt from taxation, 713. 
 
 CilOWN LANDS. 
 
 Mere possession of not sufficient to qualify for municiml^ 
 60. {./) ^^ 
 
 Sec Assessment. 
 
 CRUELTY TO ANIMALS. 
 
 By-laws for prevention of, 335. 
 
 DAMAGES. 
 
 Conipenpation for, when lands injured by munieipiilitiej 
 Considerations in determining amount, 370. (c) 
 Arbitrators may Hud that none sustained, 370. (c) 
 Money paid for subject to same charge as laud injured 
 Measure of, in actions of injuries through nonrepair^ 
 
 ways, 497. (r) 
 
 See Pounds. 
 
 DAYS. — Meaning of, where Statute limits performance of dutiesy 
 See Time. 
 
 DKAD. — Bylaws to regulate the interment of, 424. 
 
 DEBENTURES. 
 
 To be issued by senior municipality upon dissolution of s 
 
 Order of priority of, 276. 
 
 When sinliing fund may be used in purchasing, 284. 
 
 To be executed under seal, 302. 
 
 Who to l)e signed by, 302. 
 
 Treasurer to see that money collected for, properly aprJ 
 
 Council not estopped from contesting the validity 
 
 authorizing, 302. (6) 
 When valid without seal, 3f ? 
 To be valid notwithstanding defect in form, 303. 
 
 Provided by-law duly assented to and not qi 
 Not binding on corporation when not duly asieutedtoii 
 
 303. (t) 
 
vacated by, 119' . . „ „i ofi? 
 -rewards for detection of, 367. 
 
 orltions cannot regulate, 313. U) 
 
 .ntractdebtstofo^^^^^^^^^^^^ 
 
 SStXKr|bUco?u.eofbighwaMi 
 ghways to be in, 480. 
 xempt from taxation, 7 id. 
 
 on of not sufficient to qualify for mnnicij^l 
 
 SSMENT. 
 
 MALS. 
 prevention of, 335. 
 
 ,„ tor, -hen tod. injured by m«jucip»m,»,: 
 
 /^r:SL o'Tujuri^'through „.u.„p,u| 
 
 ■91. (r) ■ ■ > _ , ' 
 
 ■."Jhere Statute limits performance of dutiesl 
 
 IE. 
 
 , regulate the interment of, 424. 
 
 'ngfu^lll'Sbeusea in purchasing, 2B. 
 
 uted under seal. 302. 
 
 ?'^'"' t&monev collected for properly ap;^ 
 .^"SoS;:^d^om- contesting t^ 
 
 ,rizing, 302. (b) I 
 
 id without 8ea';.'*\- , , . ■ {or,„, 303. 
 
 i"ia Jo'porltio'n whennotduly .vs.eutc.m 
 (i) . 
 
 JNDfiX. 
 
 \tmTURES~(Co7Uinued.) ^^^^ 
 
 Certain by-laws and debenf,.,... \ 
 
 ^ any ^^round, sog^'^^^^^^^es not to be quashed or , . • , 
 
 Form of local iinprovemenf l , ^' ''^'^^ 0° 
 
 Consolidation of localTf * flebr.ntnres, 304 
 
 Mode of transfers beC"'"'."* ^^^»>^"tures 304 
 
 When debentures. Znl^^T^f '"' ^^'- 
 
 t.able, 305. (,«) ' *'*''•' "^ 'nunioipal corno.-;.t; 
 
 Treasurer to keep debenf.,. • ^""^P"' "turns nego- 
 
 |%».'»<ra<!0?J 0/; "'j «0D. »""<• 
 
 Act respecting, 646 
 Short title of Act 647 
 
 CrtjM copies „,,ei,e„.„eby.W,.„^^. . 
 
 "''"r'^-""--»p.e..e.„,i::;"''""''°-- 
 "-trsii'---"-wJ..i::;::7\' 
 
 Registrar to register tho „ ^ "^ ^"^^ 
 
 g^„ gister the name of the hoMer of . , 
 
 Registration to be prhna /«.••, ^^ "debenture, 
 
 Clerk to n-ke annial'rt^rt;-^.^"ce of ownership 647 
 p,J"'"fi:i^l'tyetc.,648 * ^'-ovinca] .Secreta?; of ; 
 Provincial Secretary to U.r , 
 
 Assembly, 648. "^ ^^^ '"«^ ''eturns before 1, • , • 
 
 -Mode in which by-law^ ,•««• . W'slative 
 
 Bylaws to be seaJed.'64r"*'''"^ *« ^« .-'thenticatod 648 
 By-laws, return-s. an,l books of ^nf • 
 
 to inspection, 648 "^""^ '" registry offi,-,. f \ 
 
 etc. 
 
 re- 
 
 debt of 
 
 duties under 
 
 To be sued for in th. ^ --• ' .,„t,es , 
 
 Debentures regi.t l-JJ ,,',"^'"« °^ ^tt'^rney-Oener-.I «.n 
 
 hoLlerfor^ah/erU'* ""^^''^^'^^^'^'^ ^» wT^ybt. 
 iTonii ot return to bo •\ "ona 
 
 ifo"--' return to iS SKl^^l ^''t'' I>y-law, 650 
 
 *'^ '^^ •^'•^^vs--dT; ; ?,,^ '7'f -J Secretary, er., 
 
 •CAL Im- 
 
 lAdjustmcnt of when T 
 
 I ::■ V i 
 
 I, ,' 
 
 » . ■; 
 
 (#•■ 
 
"lay I 
 
 (0) 
 
 |296 INDEX. 
 
 DEBTS— (Conftnuerf. ) 
 
 Debentures to be issued for by senior municipality upon g» 
 ation, 47. ^' 
 
 Excess in amount paid by new corporation on account of 
 be recovered, 49. ' 
 
 See By-Laws— Finance, 
 
 DECLARATION OF SECRECY — Form of, 631, 633. 
 
 DECLARATIONS. 
 
 Of number of voters in municipality to be filed bv n 
 
 Reeves, 52. ^ "^P'^l 
 
 Of number of voters, to be filed by Deputy Reeve, fdvm of -o 
 
 To be administered before business of council proceede<l with I" 
 Should be taken before electing presiding officer. 170. {m] 
 
 Filing of, a condition precedent to election of \Vaiden 17] 
 
 May be administered by certain officers, 200. 
 
 To be subscribed by persons mnking, 201. 
 
 Person^ taking to certify to, 201. 
 
 Declaration of Office. 
 
 And qualification to be made by candidate immediatelv fi 
 election declared, 119. " ' 
 
 To be made by municipal ofiicers, 199. 
 To be made by Returning Officers and Deputies, &c [on 
 Forms of, 199. " ' 
 
 Form of for auditors, 200. 
 Before whom made, 200. 
 
 Person taking to give certificate of due making, 200, 
 Penalty for refusing to make or to administer, 201, 
 Person administering cannot be relator in proceedinpi! f 
 election, 202. (r) ^ '" 
 
 Omission to take, will not be a forfeiture of office, 202, is\ 
 DeclaraiioH of Qualification. 
 
 To be made by officers where property qualification reqiiireil 
 
 To be made by members of councils, 197. (c) 
 
 To be taken before entering on duties, 197. 
 
 Ft»rm of, 197. 
 
 What deemed insufficient declarations, 198. (e) 
 
 Omission to make does not occasion forfeiture, 19S. (c) 
 
 Form of for members of Township councils, 199. 
 
 Before whom made, 200. 
 
 Person taking to give certificate of due making, 200, 
 
 Penalty for refusing to make, or to administer, 201, 
 
 Person administering cannot be relator in proceedings to] 
 
 election, 202. (r) « 
 
 iSee By-Laws— Elections. 
 
 DEER — See Game and Fur-bearino Animals. 
 
 DEFAULTERS' LIST. 
 
 Deputy Returning Officer to note payment of taxes uponwa 
 defaulter's vote, 75. " 
 
 'xo be made out by Treasurer annually, 188. 
 ^ee AssKssMLNT— Elections. 
 
 I 
 
'NDEX. 
 
 laued for by senior municipality upon gepar. i 
 )aid by new corporation on account of, i 
 
 1297 
 
 jrs in municipality to be filed by Deputy! 
 
 I, to be filed by Deputy Reeve, form of, 53. 
 jefore business of council proceeded with, 1 
 tore electing presiding officer. 170. (m) 
 )n precedent to election of \Varden, 171. (5|| 
 id by certain officers, 200. 
 J persons making, 201. 
 ertify to, 201. 
 
 ;o be made by candidate immediately at(j 
 
 ed. 119. 
 
 iiioipal ofiicers, 199. 
 
 uruing Officers and Deputies, &c,, igfl. 
 
 rs, 200. 
 
 !, 200. 
 
 ive certificate of due making, 200. 
 
 g to make or to administer, 201. 
 
 ing cannot be relator in proceedings tm 
 
 {'•) 
 
 will not be a forfeiture of office, 202, (si 
 
 xlion. 
 
 cers where property qualification require 1. j 
 
 mbers of councils, 197. jc) 
 
 J entering on duties, 197. 
 
 ifficient declarations, 198. (e) 
 does not occasion forfeiture, 198. [e] 
 (era of Township councils, 199. 
 6,200. 
 
 rive certificate of due makuig, 200. 
 iig to make, or to administer, 201, . 
 
 •ing cannot be relator in proceedings to] 
 (r) .> , . * 
 
 —Elections, . 
 
 R-BEARiNO Animals. 
 
 y Officer to note payment of taxes uponrec( 
 
 )te, 75. 
 
 y Treasurer annually, 188. 
 
 .[fx— Elections. 
 
 I DEFORMED Pi^RSONS-By-Iaws f '^ 
 
 I DEPUTY CLERK OF THE CKOM^V''^' '"'''""' °^ ^«««*«« by. 423. 
 Diaqualified for Plfl^fi /^y^^- 
 
 [deputy REEVES. "^"''''-^ "^ election, 145. 
 
 Otiice of, to ceaon af* 
 0-0,^., nec:2-r-^of^ f^ Coun^ ... 
 
 Ex offido members of r? *^'?'"' "^ separation r»f r .. 
 
 To be membeJ, S Co. X r °"^' ^0?,^^^^/^ bounties. 38. 
 
 Must file certificate ,nSlS"r"'' '^^- 
 
 voters, 51. 'l«alihcation and decIar.,f,-« . 
 
 Form of certificate of o„„rfi ■ •'''''^'■•'fcion of number 0/ 
 
 One, for eve'y'oSoPX^^'-al C,„„^ 
 
 Qualification for o^C^'A '" '''' '" ^''"'^M^-. 55. 
 To 1)0 elected by /reop.-^l * • 
 
 V^ijlages, 79.^ ^'""'^^ ^«*« '" Tow,.ships and I„. 
 ^e elected by Council whn.„ t^ ^"^orporated 
 
 ^ards, 80. 
 
 I'jieiJiors CO nave rml^r ^ 
 
 Toiuusidc where iieevf. or t^ "'"^ su'nmarilv I4fi 
 
 Duties of, in I'espect to 
 
 To make return.s to clerC«T ■''^i'"*""^ "Pou defaulters' H«f -rr 
 be appointed by by .J.,w gl ' ^^• 
 
 loiieconservator/n'-fN ' • 
 jWe« », act S.m'.'"'- ''»''"''• «2. 
 
 . 1,1 
 
 I 'I, #1" 
 
 .J, 
 
1298 
 
 INDEX. 
 
 i 
 
 DEPUTY RETURNING OFFICER.S-{f'on<mMed.) , 
 
 To receive special list prepared by Clerk where no voters' ILi 
 filed, 100. " 
 
 If list not received, election may be avoided, 100. (n) 
 To be furnished with certiticate that he is entitled to vote wher 
 stationed, 104. * 
 
 May vote on production of certificate, 104. 
 Who may administer oath to, 104. 
 To hold election to fill vacancy within fifteen days after receivimr 
 
 w.arrant, 133. » 
 
 May be made a party to proceedings to set aside election, Hi; 
 1- ., Duties of to be preformed by clerk where there are no wards n i 
 
 sub-divisions, 102. 
 To be entitled to vote, 117. 
 Form of declaration of office to be made by, 199. 
 
 See By-La WS-— Elections. 
 
 DESPATCH MESSENGERS. 
 
 Children engaged ns, to be subject to Police Commissioners 32l 
 DESTITUTE INSANE -By-laws for aiding in support of, 470. 
 DESTITUTE PERSONS— Who may be <leemed to be, 462. (i) 
 DIRECTIONS TO VOTERS.— AV. By-I^ws—Elecuons. 
 DIRT. 
 
 By-laws for preventing deposit of, in streets, 389. 
 
 By-laws for removal of, 431. 
 
 DISCLAIMER OF ELECTION.— 6Ve Controverted Elections, 
 
 DISEASES. 
 
 See Contagious Diseaseis— Noxious Weeds— Public He 
 
 DISORDERLY HOUSES. 
 
 By-laws for suppression of, 395. 
 <SVe Bawdy Houses. 
 
 DISORDERLY PERSONS. 
 
 May be summarily tried for iliaturbing the peace at elections. 
 May be sent to House of Correction, &c. , 339. 
 May be sent to gaol where there is no house of correction 
 By-laws for punishment of, 39G. 
 In free libraries, punishment of, 1219. 
 /S'ee Liquor Licenses. - i- i 
 
 DISQUALIFICATION. 
 
 Who disqualilied for eiectiou to municipal office, C2, (n) 
 
 63. (p) 
 Savirg as to shareh Iders in companies dealing with Corpoit 
 
 and as to lessees, 64. 
 DisLinguisliud from exemption, 67. (a) 
 Member retaining seat in Council after, to be unseated I 
 
 warruntu, loO. 
 Of candidate guilty of corrupt practices, 1()4. 
 Of voter, for bribery or undue iuiluence, 1()4. 
 Judge to make return of persons disqualified to (Jlerk of i 
 
 pality, 165. 
 
 '*fej^;^^ 
 
FICERS— (C'on<t«ued.) ~ * - ■ ^ 
 
 ,t prepared by Clerk where no voterB' list 
 
 ed, election may be avoided, 100. (,i) 
 certificate that he is entitled to vote where 
 
 04. ^ 
 
 •dMction of certificate, 104. 
 
 r oath to, 104. i 
 
 ill vacancy within fifteen days after receiving^ 
 
 ,v to proceedings to set aside election, 14(i. I 
 jrmed by clerk where there are no wards orl 
 02. • 
 
 of office to be made by, 199. 
 Elections. 
 
 s to be subject to Police Commissioners, 321 
 y-laws for aiding in support of, 470. 
 Who may be deemed to be, 462. (») 
 Xii,,—Se('. Bv-I^ws— Elecuonh. 
 
 iting deposit of, in streets, 389. 
 alof, 431. , 
 
 piOJ^._iVe CONTBOVBRTED El.KCTIONa. 
 
 DisEASKs— Noxious Weeds— Public HeaiJ 
 
 [y tried for disturbing the peace at elections; 
 louse of Correction, &c., 339. ' 
 
 iiol where tliere is no house of correction, 
 shment of, 396. 
 punishment of, 1219. 
 
 l.ICENSES. 
 
 1 for election to municipal office, 62, (n) 
 
 reb Iders in companies dealing with Corpoit 
 
 ssees, 64. .- / \ ' 
 
 •oin exemption, 67. (a) , 
 
 ng seat in Council after, to be unseated 1 
 
 M. ^. .... 
 
 ilty of corrupt practices, l«)4. 
 
 ilu^ry or undue iiiilueiiccm 
 
 return of persons diequahhed to Clerk of : 
 
 1299 
 
 INDEX. 
 
 hmUALmCATlON-^^Conanueci.) 
 ■ Clerk to make enfrw ^t 
 
 ksSOLUTIOX OP UNIONS ^^'^«age. 
 
 Urns. "" ""'""" "' ■'°"™'- -t'-o- 0, c„„™^ ■ 
 
 STBICTS. """• '"^— VoTBKs' ijs™, 
 
 Keeves of municinalitfoa *■ i • "''°> *-<:18. 
 
 IVithdnwal of maino mliL. f''"''°»'.<'' *c peace ms 
 
 Oee AL(30MA, ETC.— PAimv <il 
 
 HEAI.Tfi-VorE£>S,«^«^^'> AND Mc;,KOK._p,„,,, 
 
 ^HES AND WATERCOUPSES ' ' 
 
 ' Act respecting, 1 i07. ^ ' ' i 
 
 Short title of Act, ] l"o7 : >. 
 
 Council to appoint enf'inppr f/. „ ' 
 
 Railway eoinpun es nnf o.,k:_-. . . f«>por. 
 
 
 (a) 
 
 Consent to floodin/X/;.?" " , ' i'^^' 
 
 ,108. """-^ '"«■— -P»* tha. eo.p,.i., .,„ 
 
 i Proceediiiga to effect an a ' 
 
 struction of drain, 11^™'"' ^° ^'*«« ^^ ^"pute », to con 
 
 nngs where no agreement come to, 1109. .i 
 
1300 
 
 INDEX. 
 
 ! 
 
 I i' 
 
 "•"^^ZP 
 
 DITCHES AND WATERCOURSES— (6'o/i/»nwed.) 
 
 Occupant to notify owner immediately, 1110. 
 
 Duties of engineer, 1111. ; , > , i 
 
 What landd liable to contribute, 1111. 
 
 Engineer may direct construction of covered drain, 1111. 
 
 Opening ditches across the land of person not interested, lU; 
 
 Rock cutting may be let to contractor, 1112. 
 
 Costs of drain to be a charge on lands, 1112. 
 
 Award of engineer to be filed with clerk, 1112. | 
 
 Notice of filing award to be given, 1112. 
 
 Appeal from award to County Judge, 1113. 
 
 Notice of appeal to be served on clerk, 1113. 
 
 Clerk to give notice to Division Court clerk and Division Co 
 
 clerk to notify Judge, 1113. 
 Judge may order indemnity against costs, 1113. 
 Clerk of lliviaion Court to serve notice of hearing, 1113. 
 Place tor hearing appeals, 1113. 
 Power of Judge on appeal, 1113. 
 Time within which appeal to be heard, 1114. 
 Award as altered or confirmed to be enforced as original awai 
 
 lilt. 
 How witnesses compelled to attend, 1114. 
 Munioipiility to pay contractor, 1114. 
 Payment of fees, 1114. 
 
 Inspeiition of work by engineer at expiration of time limited, 
 Work may be ro-let if incomplete, 1115. 
 Inspection of work by engineer on completion, 1115. 
 Provision as to inspection imperative, 1115. (r) 
 Penalty fur violation of tluty by engineer, 1116. 
 Payment of amount due to engineer and other persons, ll|d 
 Engineers' fees, etc., to be a charge on lands imtil paid, llli 
 What to be deemed service (jf notices, 1116. 
 Who to be deemed " non-resident " for purpose of service, 
 Municipal corporations to have same rights as individuals, 1 
 Open (Ir lins may be covered with consent of engineer, 111"| 
 Engineer before consenting, to examine drain, etc.. 111". 
 Engineer to file award if consent {.'iven, 1117. 
 Notices to be given by person desiring to cover drain, 11] 
 Payment of expenses connected with covering, 1118. 
 Flow of water not to be impeded by covering, 1118. 
 Persons tlesiring to avail themselves of drain after conatn 
 
 1118. 
 Award nr agreement in such case, 1 1 18. 
 Drain may be continued into adjoining municipality, llljj 
 Procedure in such cases, 1118. 
 Procedure where ilraina, etc., do not carry ofif water or^ 
 
 intended, 1119. 
 Cost.i of maintenance and repairs, 1 120. 
 Foes of engineer, etc., to l>e fixed by council, 1120. 
 "Clear days," moaning of, 1120. 
 Application of Act, 1120. 
 Forms, 1120-1123. 
 
 .SVe Dkainaok. 
 
 DIVINE SERVICE. 
 
 Persons attending, exempt from toll, 999. 
 
BOURSES— (Con<inu«rf.) 
 owner immediately, 1110. 
 
 , 1111. 
 
 to contribute, nil- , , ,i-ain 1111. 
 
 t::^^^iszX^'^. .... 
 
 bo let to contractor, 11 U. 
 ,e a charge on lands HI Z. 
 ; to be filed with clerk, 1112. , 
 
 mrdtobegiven, lll^- 
 
 Hi to County J«'\g«', ",Y{o 
 
 ^XX£^ CW' llerk and Division Co. 
 
 Court to serve notice of hearing, 
 ; appeals, 1113. 
 on appeal, 11}3' , ..,. 
 
 compelled to iittend, 1114. 
 pay contractor, 1H4. 
 
 o-let if incomplete, llio. ,,,k ■ 
 
 inspection imporativo, 1"»- >[l 
 
 -Errors:™ S""'"^"'*'"1 
 
 [•e coudeutuijj, iv v. 1117 
 
 'i,;^"tl''J;:ilt&/.. of drain ate C....J 
 
 rcrn::"lt?i;ii!.igm"-p»«'^.'"' 
 
 Ce\lS,"''; do not carry off waU,.* 
 
 J " meanmg ot, 11.4". 
 ;,f Act, 1120. 
 ).1123. 
 
 AINACIK. ■.-'], 
 
 Lding. exempt from toll, 999. 
 
 INDEX. 
 
 [division COURTS. .. , ^^^^ 
 
 Number, &c. of in », * 
 
 Bailiffs of diWlifiJT T""^«. h^^ 
 Co„„.,c„„„erL^":?:°;,fcS^alC„^S',r ,,; 
 
 plVISIONAL COUKT. 
 
 Should not entertftitt .« .- . 
 nPR^ "Certain applications to quash Rv i 
 
 OCKS. yuasn By-laws, 239, (c) 
 
 By-laws to regulate cleanliness «f * 
 
 For removal of obstn pJ^ ' J^" "'' 353- 
 
 J^or making andTre^.rJr ^'■"'"' 35.3. 
 
 For erecti/g ani^SrS "'' •'''^• 
 
 For grantmg bonus for conjjt;, .• ■ 
 
 VVhe^^Jh^ptX^^^^^^^^ '''''-''''' '''' 
 
 Council^. 5^2^*^ ^r '-'-^^' -* t,o be interfered with by 
 
 Rfghtlof p'roS^J'!!,"^-"*"'^ '•"guJating running, af ] 
 
 No intrinsic ?ah.e a ,0 '"''"f ^^^- (*) '^^ "'' ^SS. 
 
 Why distinguiSfrorS" ^^^■' ''^S^' (^) 
 
 By-laws for killing Snil'',^"'"^^^^^ 381 ^> 
 
 Officer cannot kill d' I I" ^ ^'*''«'' contrary to bv if' ^*^o 
 
 Utto impos. a taxonSt;!'^ on private primL/tr'-f ^• 
 
 Annual tax to be levSd^'^;? '' '\r"''''^^'^ 'i/S4 '*' 
 
 County council m- v r?^„ ''°^''^' '084. •' ^^^f"' 
 
 CoWclerKfe^^^^ 
 
 By-law not to ^vV^y^SV^}'^'^^'' *" *««esHors |()«4 ' 
 Dntvnf '^' ^"^'^'•'^«' 1084. '' ^"'^' '-'"""'^'^ ''^^Jares Ac T^-,, 
 Duty of assessors as to dogs JOS'? ^c* shall 
 
 Duty of owners of do^s insl; ^• 
 Penalty for makin,r f i ' .' 
 
 Powers of councils as to^apSatin '"f f ' "^"^^'^ % dow insfi 
 TowiKsInp may pass bv lawf i^ ".""^ **^. '086. ^ *^'' '^''^• 
 ment of sheep, IO86 *PP'>' proceeds of ta-es i.. 
 
 i r.naj.y for keep,-„„ i^' ^fi^ '>,^:^-t^oye,,, ,087. 
 
 ) I 
 
1302 
 
 INDEX. 
 
 
 DOQS— (Continued.) Vi 'f 
 
 Apportionmeut of damat^ea, 1088, 
 W hftt shall bo considorecl by court, 1088. 
 , , Proccicdinj'a wlicrc court finda certain person to be owner (if i],, 
 
 contriDutiiig to damage, 1080. < 
 
 Damages not to be apportioned against such person until sim 
 
 moiicd, 1089. 
 Appeals in sucli cases to be made to Division Court, 1083 
 Procedure, 1080. 
 
 Dogs known to worry sheep to be killed by owner, 1089. 
 Penalties, 1089. 
 
 Oases where there is a conviction but distress insutficjent, loji) 
 Where owner of dog worrying sheep not known, 1090. 
 Municipality may compensate owner of sheep where owntr nf 
 
 dog unknown, 1090. 
 Where municipality pays claim, claim to belong to them, 1090 
 Owners of sheep running on highways not to be comTionsat* ; 
 
 1090. '• 
 
 Liability of dog owner where tax not imposed, 1090. 
 Fees and returns of Justices, 1091, 
 
 DOMESTIC ANIMALS. 
 
 Councils luiiy indemnify the owner of infected animals killed und. 
 the Act to prevent the spread of contageous diseaeea ainoni 
 horses and other domestic animals, 1223. 
 
 DOMKSTICS. 
 
 By-lawH for licensing and regulating intelligence offices for 4i 
 
 DOMINION (JOVKRNMENT 
 
 Councils may purchase public works from, 2fi4. 
 
 DOOIiSTKPS.- By-laws to direct removal of, 4S5, 
 
 DOORS.— .SVfi PlTBUC BuiLDINflS. 
 
 DOUBLE TRACKS.— .s'er Snow Roads. 
 DRAINAGK. 
 
 Liability to assessment for on separation of village fn.iii toi 
 
 ship, ;«. (h) 
 By-law for, need not receive assent of electors, 260. 
 By-laws for keeping up water gates in fences, 389. 
 By-law for opening or stopping up drains etc., 359. 
 By-laws for regulating the construction of cellars, sinliMti 
 By-laws for clearing or filling up private drains, 403. 
 What have beei. deemed sewers, 4(i.'i. (h) 
 Powers of councils as to sewers and drains vliscussed, 4(1.1 (ill 
 Sewers and drains may be extended through adjolnin:; hh 
 
 pality to outlet, 412. 
 Sewers and drains may be united with t'v :,e of atljoinii,i;i 
 
 cipality, 412. 
 Disputes a.s to connecting drains of adjoining municipalities t 
 
 settled by arbitratiim, 412. 
 
 Matters for arbitrators to determine, 412. 
 Open drains not to be constructed in such ciusea, 412. 
 
 Certain provisions not affected, 412. 
 
 I' I 
 
laniageB, 1088, ;. = , ,. • 
 
 idoretl by court, 1088. 
 court f'lnda certain person to be owner of ii,,. 
 I damage, 1089. ' 
 
 I apportioned against such person until sum. 
 
 les to l)e Tnado to Division Court, 1081). 
 
 •ry sheep to be killed by owner, 1089. 
 
 s a conviction but distress insutfioient, I08li 
 g worrying sheep not known, 1090. j 
 
 compensate owner of sheep where owner A 
 1090. ' 
 
 y pays claim, claim to belong to them, logo 
 unning on highways not to be comiieiisatfii i 
 
 uer where tax not imposed, 1090. 
 'Justices, 1091, 
 
 luify the owner of infected animals killed undej 
 :ent the spread of contageous diseases iimoiu 
 Br domestic animals, 1223. 
 
 ig and regulating intelligence offices for, 4(| 
 
 ,NT, - -.--:. 
 
 laae public works from, 2(54, 
 
 ) direct removal of, ^i,*!. 
 
 IINCIS. 
 
 iSnow Roads. 
 
 meat for on separation of village fidni toj 
 
 ot receive assent of electors, 260. 
 g up water gates in fences, 389. 
 ; or stopping up drains etc., 359. 
 ting the construction of cellars, sinks-, iti.j 
 ig or filling up private drains, 403. 
 eemed sewers, 4(i;J. (h) 
 as to sewers and drains discussed, 4(l.T 
 may be extended through atljoiuiiiL' mm 
 t, 412. 
 may be united with t'>f ie of adjoinii,^' m| 
 
 lectiug drains of adjoining municipalities t 
 
 itration, 412. 
 
 bitrators to determine, 412. 
 
 I be constructed in such cases, 412. 
 
 ions not affected, 412. 
 
 INDEX. 
 
 mAmAGF-.(Contime,/.) ^''05 
 
 By-laws for rom.i *■ 
 
 i etitioi, for, 54/5 ™"8, etc., 547, 
 
 "ri-rr liar '"'K.s.'a "';r°-' '*''■ 
 
 By-law f„r ]/vvZ^T!"f ''''^^ "" v ,ioJ, , , , 
 
 I'-flect of payment by rl' "^ ''''''^'' •'^'^0. 
 
 „ .tures, .WO. ^ P'"'"" assessed before i. 
 
 By •-« t'> P-WdeTwt li^"'"-^ -t tenant .^n 
 Jo ascertain propc^^ty ^T' '^J'" ''« p" d *^?f " 
 N"t necessary to spec fv ,. J"'"**^- r,ni '' ^"^• 
 
 „ , liable, 5.51 "P^city ,„ode of ..><,,,«„,. • . 
 
 Mo.ieof,,«sess;-,;t, ' _. ^ «'«<'erta„u„g p 
 
 ers, 552. "**« P"'nary jurisdiction 
 
 edure in such o*..» .... 
 
 'natte,.-,, ooi'. ' ""/ JurisdieHn., • 
 
 Jo<>. '" situate outu'do * 
 
 Removal of artifical strr.etures ,,r '"""icipality. 
 
 Powers of councils in y,"'"'^- 
 
 »n I'eu of publication, 5(,o. 
 
 P ii 
 
 U f 4» 
 
 li 
 
1304 
 
 1NIIRX. 
 
 
 \m\i 
 
 DHAlHAiiV: -iContiniu'd.) 
 
 If no application to qunuh hy -law within time upecifled, l,y.|, 
 
 to bo vuli«l iiotwitliHtanding defoots. MiO. 
 If part of by-law quaHhcd reni.iiudor to bo valiil, fiCl. 
 ''•' Power to amend by-law wlion n(» sutKcicnt mcanH proviilcj f, 
 comi)loti<)n of the work, fiOl. " 
 
 As to by-laws paHHed under this provimon, 6(>VJ. 
 DcbunturcH not to be invalid though not in accordance with i 
 law, 602. • 
 
 When work may be extemled beyond the limits (if tho rtiuni 
 
 palily, f{(»2. 
 When lauds, etc., in adjoining municipality may be cliarBci 
 
 though works not carried into such municipality, TjCI 
 Engineer to nM)ort as to how expen«e8 to bo borne in hucIi ph 
 503. ' 
 
 Kngineer to make plans, etc., as to works to bo conatnicttd gfj I 
 Council of municipality when work begins, to notify iniiiiici|)a|it I 
 
 to bo bcnctited, Ctiii. 
 Municipality notiKcd to raise amornt re(|uired .'jG'f). 
 Appeal of such municipality, 5(55. 
 Notice of appe.il to be served, f>65. 
 Proceeding.s on ajipeal, r)H5. 
 Leave to appeal granted upon omission to appeal within twcntrl 
 clays, 5()(). j 
 
 Councils iiit( rested nuiy waive lapse of time for apjical, TilKj 
 When aumnidus to show cause why app"al should not bca" 
 
 returnable. oOli. 
 Appointment of arbitrators. 5()6. 
 Certain pl•r^:on.s may not act as arbitrators, .""((t?. 
 Kivih municipality to contribtitc to maintaining; work.s in mu« 
 
 tions fixed by engineer, riG?. 
 Municipalities to be compel la'ole by mandamus to niako iicnssaH 
 
 repair.s, HfiT. 
 What shall be deemed repair and maintenance, .""ifi;. 
 Municipalities to keep in repair works within their limits, aW 
 
 completion, iiOS, 
 Power to change course of drain, or make new outlet, itc 
 Proceedings in such case, 568. 
 Maintciuuice of works where not benefiting any dtlier iminiciB 
 
 ity, .')f)9. 
 When work bus been constructed by municipality, prop 
 
 benetlted may pay for nspairs, 569. 
 Assessments may be changed on report of engineer cir survei 
 
 569. 
 Court of Revision to be appointed in such cases, 5(i9. 
 What deeirjed repair and maintenance under this section, 5£| 
 Money advanced l)y municipality to be recoujied as awij 
 
 assessment made, 569. 
 Application of certain sections relating? to drainage, 570. 
 Drains paid for by local rate to be kept free of obstniutiom, | 
 Party responsible for obstruction to be chargeable withioi 
 
 removal, 570. 
 Penalty for obstructing drains, 571. 
 
 Power to borrow money for repair of drainage works ouiiaj 
 tures, 571. 
 
INDFiX. 
 
 . quft8h V)y -law within time B|tecifu).l, hy.|„,^, 
 
 Mtlistanaing defeotB. nOO. 
 
 imhcA rem.iiiulor to be valul, 061. 
 
 -law wlion no sufticient n\eau« proviilwi [,„ 
 
 he work, 501. 
 
 aHsetl under thin provimon, 5(>2. 
 
 e invalid though not in accordanco with by 
 
 extended beyond tl>e limits of the mutiici. 
 
 in adjoining numicipality may he charge! 
 ot curried into Hiich municipality, m. 
 iH to how expenses to bo borne in aiich cases, 
 
 lana, etc., as to works to bo conatnictd, 5114. 
 lity when work begins, to tiotify nuiiiicipalityl 
 
 cm. . , .,.- 
 
 d to raise amovjit re(|Uired ObB. 
 lioipality, 5(55. 
 be served, 565. 
 
 5"1. ^'«''^- ... , • , . I 
 
 ,nted upon omission to appo.il within twentjl 
 
 may waive hipse of time for appeal, .''liiH, 
 show cause why app'^al sliould not Uealluwul 
 
 liitratora, 506. 
 
 y not act as arbitrators, .)(>7. 
 
 to contribute to maintainin!^ works in propm 
 
 .ngineor, 567. 
 
 3 compe!lai)leby mandamus to make wnmi 
 
 ned repair and maintenance., .^67. a 
 
 eep in rejjair works within tlieir limits, afi 
 
 8. , , ^ 
 
 )urse of drain, or make new outlet, etc, 
 
 li case, 568. , ^ . 
 
 rks wliere not benefiting any other iminiciii 
 
 been constructed by munic)|.ality, prop 
 
 pay for rtjpairs, 569. 
 
 )e changed on report of engineer er aurvejl 
 
 to be appointed in such cases, 5()9. , 
 
 lir and maintenance under this section, 56| 
 iiy municipality to be recouped as anoi^ 
 
 de, 569. , . 
 
 lain sections relating,' to drainage, 5/0. 
 local rate to be kept free of obstructions,! 
 for obstruction to be chargeai)le with coi 
 
 cting drains, 571. • , j 
 
 noney for repair of drainage works onJd 
 
 URAlSAliK~(('ontinufd.) ^^^^ 
 
 Municipal/vai,,,; 
 
 , 573. (//,) '•''•'^«'« "udeT ill,..,,,i, ,],.„; 
 
 Damages causo.l |,v ,i,„. """^W" P'-oceodincs, 
 
 How alteratioiLs et. ''""' ''aWt. for 
 
 ^ with, 573/^'^- '^""-o.jnont up..,, ,,^.^^. 
 
 Oarry.ng drains i„t„a,l,v I • ""' *" ''« 'lealt 
 
 cz:nt^z&/s:vz K-^ high..,, «,, 
 
 Timber ma; ho r^m v '.T ;'^'''''""^' of ZrtL^ ^" "«"'«d. 674 
 Twelve feefc of ce.iTr' ' ,'""'. '""''«' «74 '^'- ' "» '<''< 574.' ' 
 earth upon if coj '""■(I to bo f'riihl.. i ■ , 
 
 f;!;gi"oor not to bo „,(,,.,„., .,, " * '" ""«h cases. 
 
 -.K;^r-;^ 
 
 •'>S. "seiveu, assessment tn K« i 
 
 , ,%'■ Court may reliev ""''' ''^^ '"-L 
 
 'Notice of anneal f, k '^e"eve county ne«/I,v.f ; 
 
 bycountv. r.7oP^"'"* «'l^itratora i,. ,i,.*... ,. . 
 
 irf f 
 
 „ ^y county, r.79 '^^ "* "'l^itrators i„ aefu^U * 
 .f ^i" peraoi; not to act as , •. '^PPoinMn.nt 
 
 ^^hereevcn number of com??; ''^'''■*'^°^«. 579 
 ,, - to be cWn, fe;^-'-PPoint arbit.to„, .„ .,,,,„^^^, 
 
 ''^*«f:' 
 
3or) 
 
 INDRX. 
 
 IMH 
 
 
 i^{;piNH 
 
 
 iif lM 
 
 
 '-'^' li^R' 
 
 
 |^;|^kj]9| 
 
 
 DRAIN ACiK-(C^«"'*rtW"<) 
 
 Iiiuut()iiutit.( idvuriior to a))|u>iiit lutuiiional iirl)itrator in durnulti 
 
 othur a|>poiiitiii<!nt, r>7l). 
 ArhitrutMirt to ;i|»i)(»rtinn (!<wt of work, rtT.I. 
 DociHion of iiiiijority of arl)itriitoi'H to liu hiii<liiig, A70. 
 Aw;ii(l to l»t! lilcil with i;l»!ik of each ooiinty, r>79. 
 AppliiMtioii to lligli < 'ouit wlioro arltitritois uiuihlu to ftgr^t r,-,, 
 lli^li 4'oiirt to ikp))oiiit III! iiiii]iii-ct, MO. ' ' 
 
 I'owtirs ol iijiipiid, r»HO. 
 Minor iiiiiiiicipalitiiiH iiitflrustod infty ho reprcHonted on arhitr 
 
 tion, '(80. 
 By l.iwrt lor asHCHsmoiitrt not to l)e ynvHsctl. ooiidin^ appeal, 5wi 
 AftcM- (iward m.uli'. u.iuh comity to piisH oy laws to raise nud 
 
 r<'<piirt'il, .')H0. 
 Ccrtiiin provirtioiiH to apply where several counties inttregtcd 'A 
 I'owiM-a of iminidpiilitioH with reHpoct to draiiiH, oroHHiiiir jj 
 
 railways rostrictoil, 580. 
 
 Se>' AiiiuritATioNS- DcrniiKs ano VVatrh ('orTiisRs-m, 
 (!iPAi, AMUNOMKNr AoT -Puuijr IIkai.th— R.^|I,\^.^J 
 Sr.WKits. 
 
 Sec. Dkainacjk. 
 
 DRAINS 
 DRIFTS. 
 
 .SV'c Snow Fkncks. 
 
 DRIVES. 
 
 By lawn for ac(|nirinf' landa for, SCJ. 
 
 I'olioe protection, liglitiiig, itc, to he provided for, 365, 
 
 DKIVINK. 
 
 By-laws for rcgtdatiiig, on highways and bridgoM, 359. 
 By laws for pri'veiitiug, on sidewalks, &c., 4*23. 
 See IIiuiiwAy.s. 
 
 DRUGCilSTS -.SV.r LiQiroii LiOKNSKs. 
 
 DRUNKAKD.S. 
 
 May he siiiit to the Hou.so of Correction, Ac, 330. 
 
 Krection and maintenance in cities of innel)riatoa.syliim8for| 
 
 May he coniniitted to by Mayor or Magistrate, ,340. 
 
 By-laws fur punishment of, ,396. 
 See. LryiiO!: Lfoknse.s. 
 
 DRUNK KNNKSS -By-laws for suppression of, ,39.'). 
 
 See LigiroH Licknsk.s. 
 
 DUCK -See CiAMK AND FoKBKARi.vd Animals. 
 
 EARTH CLOSIC IS. 
 
 By-laws for regulating the construction of, 402. 
 By-laws for regulating the construction and compellinfl 
 475. ' 
 
 KATIN(; HOUSES .S'ec Victualmncj Houses. 
 
 EDUCATIONAL PURPOSES. 
 
 Surplus from Ontario Municipalities Fund may be aiipliedl 
 Loans may be made to school sections for, 286. 
 gifts may be made to poor school sections for, 286. 
 
nr to ai>i)oiiit lui.iitioiuvl iirWitrator in default,,! 
 
 lont, T)?'.). , ^_,, 
 
 .rtinii .Hwt o( work. n7t»; 
 
 ,y of url)itrat(.i-H to l.o bu.dmg, J>7W. 
 
 vithuliMk nf each county, r)/U. 
 
 h ( 'ouit wlitsrt! arl.iti-iitorB unable to agree, :>:( 
 
 oiiit an unipiro, 580. 
 
 ioH hitorestc.l may \n> reprcHcntecl on arl)itrj 
 
 m,mt« not to he paHse.l. nen.liuM ai.poal, 5Hy 
 t). each county to pasH by-laws to nuat „i,< 
 
 to lUPly wlif-TtJ several counties interested, ,',J 
 •paliticH with respect to (IraiuH. croHHnijj, ,d 
 
 !rmNS--l)iT<'iiK.s andWatrh (!oni{SR8-Mij 
 rticNUMKN r Acr -I'l'iujc Hkai.tu-Raiuav^ 
 
 iriu)' lands for, 365. i « „ or- 
 
 ,, ligliting, &c., to be provi.led for, .%;> 
 
 ilating, on highways and bridge,, 359. 
 ■enting, on sidewalks, &c., 4-.J. 
 
 the House of Oorrcction, &.c., 330. 
 aintenancc in cities of innebnato asylums forJ 
 ted to by Mayor or M.agistrate, 340. 
 lishtncnt of, 396. 
 
 LiCKNSE.S. 
 
 laws for suppression of, 395. 
 
 C LlCKNSKrt. 
 
 Fnii HKARiNd Animals. \ 
 
 eulating the construction of, 402. 
 Igulating the construction and com 
 
 ke Vk'TUAlmno Houses. 
 
 IPOSES. ■ ,.^_ 
 
 Ontario Municipalities Fund may be ..ppliedj 
 , made to school sections tor, 28b. 
 made to poor school aections for, 286. 
 
 Ikm.s. 1J07 
 
 kl:K3,S FROM B,;,u,m,,s..^„ ,,,„,„,„ 
 lu junior t„„„,|,i ,. 
 
 tftfclier .vnd son ro.si,j{\,„ J A ''" " ''eHidoi.t fi» \a> 
 
 "^wr{;;,-,:'!,"?^"fi'.?"' '""" '"*•- ■"'-«.. m„„ 
 
 "... 7.1 "■ '■'""■"■«■"■ "'«i.'.vn t,^:3r7!.7a 
 "Ks;:..'";*:rT'"-' "■ "■""•''"™»" 
 
 'U«.ma„ ,S,^,' "■''°''.»y vote, 7,5. 
 ' m municipftlities oHI,..- <.i • 
 
 I t""-™!..,*, 79. """ '» ««•»-• ".. di„ol„ti<,„ „, 
 
 ' !|J 
 
 ■l^'- 
 
 if- 
 

 
 1308 
 
 INDEX. 
 
 «H 
 
 ELK(.TIONS--(Con<in««'d.) •' , 
 
 , .^ Election of reeves, etc., in townships and incorporated Tillaoa 
 
 be by general vote, 79. 
 Where to be held in townships and villages, when no Uk 
 
 appointing place, 79. 
 Must be held in place within the municipality, 79. (g) 
 Popular election of reeves, etc., reason for, 79. {k) 
 Township council may divide municipality into wardi 
 
 petition, 80. 
 
 How deputy reeves elected in such case, 80. 
 Elections to be held in municipality to which it relates, 80 
 Election of township councillors may not be held in ^ 
 
 places, 81. 
 
 Licensed shops not included in prohibition, 81. {q) 
 Oaths. 
 
 Of person claiming to vote as freeholder, 84. 
 As houseliolder or tenant, 85. 
 As income voter, 86. 
 As farmer's son, 87. 
 When and how administered, 87. 
 Proceedings Prfl'uninary to the Poll. 
 When nominations to be made, 88. 
 
 Nominations of councillors in towns may be held at 
 time as nomination for mayor, etc. , 89. 
 
 Nominations may be held at seven o'clock in the CTeniiitj 
 
 Clerk to preaide at nomination, 89. *! 
 
 Chairman may be chosen in absence of clerk, 89. 
 
 Meetings in cities and towns to nominate aldei-tnen 90 
 
 Where nominations to l)e held in township divided into 
 91. 
 
 Place of meeting to nominate reeves, etc., 91. 
 
 Provision where nomination day falls on Ohristmas Day! 
 
 County council may lengthen time between nominatioBl 
 polling in townships, 91. 
 
 Copy of by-law to be S(Mit to township clerki, 92 
 Who tc be presiding officer in townships, 92. 
 Notice to be given of nomination meeting, 92. 
 Nominations, how proceeded with, 92. 
 Poll when and where to be held, 9.3. 
 Resignation of persons nominated, 93. 
 Election begins with demand for poll. 93. (/) 
 Proviso where resignation after nomination meeting, 94. 
 Proviso where otdy one candidate remains in the field. U. 
 Voting to be by ballot, 94. 
 
 Duties of chairman of nomination meeting, 94. (A) 
 List o' defaulters in payment of taxes, 94. 
 
 Treasurer to prepare on or before nomination day, 9tJ 
 
 Who to be named therein, 94. 
 
 List to be made for each polling sub-division, 95, 
 
 Certified copies to be furnished, 95. 
 Ballot boxes to be furnished by clerk, 95. 
 
 How made, 95. 
 
 To be delivered to deputy returning officers, 96, 
 
 To be preserved for future elections, 95. 
 
 Penalty on failure to furnish, 96. 
 
63, etc., in townships and incorporated ril] 
 ral vote, 79. , 
 
 leld in townships and viUages, when no by.J 
 
 place, 79. . . -.-^ mn . ^ 
 
 I place within the municipality, 79. {g) 
 
 a of reeves, etc., reason for, 79. (*) 
 
 icil may divide municipality into wards up, 
 
 3. 
 
 by reeves elected in such case, 80. 
 
 held in municipality to which it relates, u,. 
 
 wnship councillors may not be held in ce^ 
 
 hops not included in prohibition, 81. (7) 
 
 ling to vote as freeholder, 84. 
 ouaeholder or tenant, 85. 
 icome voter, 86. 
 irmer's son, 87. 
 
 iT administered, 87. ' 
 
 inary to the Poll. 
 ;ions to be made, 88. 
 
 >n3 of councillors in towns may be held at 1 
 is nomination for mayor, etc. , 89. . 
 
 )ns may be held at seven o'clock in the eveninj 
 ireaide at nomination, 89. I 
 
 may be chosen in absence of clerk, 89. j 
 in cities and towns to nominate alde.-raen, 90. 
 ininations to >)e held in township divided intowJ 
 
 leeting to nominate reeves, etc., 91. 
 
 where nomination day falls on Christmas DiJ 
 )uncil may lengthen time V)etween nominatioDf 
 ig in townships, 91. 
 
 of by-law to be sc-nt to township clerki, 92. 
 jsiding officer in townships, 92. 
 ;iven of nomination meeting, 92. 
 how proceeded with, 92. 
 1 where to be held, 93. 
 f persons nominated, 93. 
 IS with demand for poll. 93. (/) 
 3 resignation afternomination meeting, 94, 
 [• only <me candidate remains in the field, 94, 
 by ballot, 94. 
 
 irman of nomination meeting, 94. {h) 
 ters in payment of taxes, 94. 
 r to prepare on or before nomination daj, 94, 
 3e named therein, 94. 
 B made for e.ich polling subdivision, 95. 
 
 copies to be furnished^ 95. 
 to be furnished by clerk, 95. 
 
 lie, 95. 
 
 livered to deputy returning olBcerB. 96, 
 eserved for future elections, 95. 
 on failure to furnish, 96. 
 
 ,ECTlOm~(Coniinued.) '309 
 
 ^ay be procured h„ 1 
 R ,, ^ ««Pplied, 96 ^ ""''"'y returning offl« 
 Ballot papers, cle rfe f'« ^ olScert when not 
 
 Different sets Jo h""^"'',^"- 
 
 Form of ballot pan^erS? '" ^''^ns'^ps divided inf 
 Polling places, depH'^'etiL' '^*'^"' ^- 
 
 *'°f first 'S>,''«"»«il,M. 
 
 '" "for"'""' - ^ "» fefe T 
 
 .f "8010,1.102. """''ered as finallv , . , 
 
 In munioipalities not ,livi,). . ■ ^ "'"I ""d 
 
 ^e-pfc of ballot pane.. .. k„ ... . ' "' '^'P"*^ ^«-e. 
 
 «-eipt of ballot paper to b. ' "''"'^ ''''^'' 
 
 ,,, voted, ,03. ^^ *''^«^^""« /«ae evidence of h • 
 Merkto giye certificatp . ^ "ence of hav,„g 
 
 ;if«.andagents;entiEHnlS-:»-;^^^^ 
 Person receiving certifi . ^"teuhere stationed, 
 
 puiy returiuug officer, 
 Deputy returning officers f^ i 
 
 t-Sfer^ll!^ ^'"^^^ ^'^"-•>ox to person, 
 Bo. deputy retCi"?^;^^ 
 
 ^««eer to proceed on tender of vote, ,05. 
 
 i'V (i'^ 
 
 IM 
 
d310 
 
 INDEX. 
 
 .EI.ECTIONS— (Cow^inwcd. ' 
 
 To ascertain name of voter, 105. ' 
 
 To enter residence and addition on voters' list, 105. 
 
 To mark voter as " sworn " or *' affirmed " if oath ado 
 tered, 106. 
 ' ' To note objection to voter, 106. 
 
 To note refusal to take the oath, 106. " '_ 
 
 To initial ballot paper, 106. 
 
 To deliver ballot paper to voter, 106. 
 
 May explain to voter the method of voting, 106. 
 Penalty on deputy returning officer refusing or neglecting 
 
 initial ballot paper, 106. 
 Deputy returning officer to note in list to whom ballots given | 
 How ballot papers to be marked, 107. 
 
 To be folded and h.-nded to deputy returning officj, 
 voter, 107. 
 
 To be placed in ballot-box by deputy returning oflScer Ij 
 
 r" ' 
 
 
 Deputy returning officer to verify initials on ballot paner 
 
 108, (/) 
 No one but voter to enter compartment where ballots are mark 
 
 108, 
 Voter not co take ballot out of polling place, 108. 
 Proceedings in case of incapacity or blindness of voter, 109. 
 Proceeding where ballot paper inadvertently spoilt by voter 
 Who may be present during polling, 110. 
 Deputy returniijg officer to open ballot box and counu balloi 
 
 close of poll, 110. 
 What ballots to be rejected. Ill 
 Deputy returning officer t note objections of candidal 
 
 agents, 11.3. 
 Objections to be numbered to correspond with ballot paper 
 Ballot papers to be endorsed when rejected, 113. 
 Statement of deputy returning officer of result of poll, 113, 
 Statenjent to be signed, 1 14. 
 
 Not more than tv/o agents for each candidate may be presenti 
 Deputy retui ning officer to give certificate of state of thepol 
 Deputy rettiining officer to certify on voters' list the Diml 
 
 pers(;iis voting, i 14. 
 Deputy returu'ng officer to seal up ballots, etc., in paci 
 
 close of poll, 114. 
 Deputy returning officer to make declaration as to use of 
 
 list, 115. 
 Deputy returning officer to deliver packets and statei 
 
 ballot papers to clerk, 115. 
 How dispi'tes as to result of poll to be settled, 116. 
 Clerk to cast up votes and declare who is elected, 116. 
 Clerk to have casting vote in case of a tie, 117. 
 
 But otherwise not to vote, 1 17. 
 Deputy rCcUrning officers and poll clerks may vot*. 11', 
 Klection interrupted by riot, etc., to be resumed, 117. 
 New election to be ordered if prevented for four days, 111 
 Declaration of election, duties of clerk, 119. 
 Persons e'ected to make prescribed declarations anil 
 
 office, 119. 
 
 Miscellaneous Provisions. 
 
 How ballot papers to be disposed of, 119. 
 
INDEX. 
 
 name of ^ot^^^^ „„ voters' list. 105. 
 iT'Corn-T- affirmed " if oath ad»,,j 
 
 ict'ion to voter, 106. 
 
 sal to take the oath, 10b. 
 
 lUot paper, 106. 
 
 fgS'rrBot«mH«tto.h<,ml»llotegi,»,, 
 
 \^^' UoH^t-hox bv deputy returning officer,! 
 i'^'^l^eri/y uSti on Wl»tpap.,,,| 
 
 B, to enter coinpartmi^nt where ballot, are »l| 
 
 ■"' '^rnct.ci^- ''''"■""-^^^^^ 
 
 rUlrpTerina-'-*"*^'' >'*■ 
 r,Tl« io'^oreSlot' bo. and conn. 
 
 iii, 110. 
 
 S'g ot- t.'n^te objections of can* 
 ?e numbered to correspond with ballot paj^r, 
 
 r/offic'r'Xrtify on voters' list the .d 
 "ng'officer to seal up ballots, etc., in pacl 
 ;;;^!g officer to make declaration as to use «i 
 rning officer to^deliver packets and Bteta 
 .pers^to clerk, 115. guttled, 116. 
 
 «-:^s;;^i£^"e^>.eu^ed,ue, 
 
 e Lting vote in case of a tie, Us. _^^ 
 
 jrwise not to vote 1 1 '• , <. n; ■]Vho to bo deemed </.„•!* , , 
 
 rning "f f ^J-^f ,?f ttbe resumed, 117, *n'>ery an offe.S 'a! S,^/ ^'J^^''^^' ^'^S. 
 
 "to t ord'ereS if pr;;.ented for four days, ^^^, what wi,J e^^r />' ^55. , 
 
 k3^tmkS^P-;a'i:icatio. • 
 
 19. 
 
 papereto be disposed of, 119. 
 
 kECTIONS-iContinued.) ' 131] 
 
 B^"o*^paperso„,,tobein.pe.,e,b,ord . 
 
 ""''if^T-S inspection of K „ ' '" °' ^^^ ^'«-* or J„,,e. 
 
 to conditions Jon ^ Fallot paner« ,. , 
 l/pon application 'supnoH. , . ^^ ^" ""'^'« "ubject 
 
 liecount to le Z^ f ^^^etsiu presenp« f 
 123. ^ P'^'^'^ets at conclusion .n^ • 
 
 Offences as to ballot p,.er« k „ ^"'^^^^^ *o bb 
 
 voters, 124. P'^^^^«' ballot boxe^ , 7 
 
 Penalty for any such off "^ P^'^onatioa o/ 
 
 Oificers to be li-ihllV^ offence to be imnrJo 
 
 Provisions fc :''i"i^f'?neypenafty7w^°"'"!"t. J24. 
 
 „ places, 125. "^^"'^'"""^g ^ecre^ij^/p^o'^r*'^'"'"-''*. 125 
 
 Candulates n.ay^erJori? , ^^o^ be has vot«. ,„.. 
 
 How t me obrrVT''*^ ''ot to nS' '2^""^ ^-'6. 
 ^^ elections: i^;""^--' '"^ I'CS^.V^S^^ 
 No election to be declared • , "' '"elating to 
 
 rules x"here result f! iP^alid for i,,., . ^ '° 
 
 l^xpenses incurred by or,^^'^^'*^*'. ^27/"'^ ^^ «om,.Jia„,e with 
 , refiindecj, Joe ^ ofhoers for pu,.,,^„ 
 To be held Mher^t.. ^ '' °^ «^^'^«<)" to b. 
 
 act, 132. ' ''•-^"«>' occurs in council 
 
 l^°J«^-Minordertoti, ""'' '^^ ««— fuses to 
 
 t^^e^^^:S:^-^Si^tiSS^e^';^t^^^ da,s after 
 ^ nienibers, I35 ''*-" ^'ay appoint n " 
 
 JIf "guished' from an appoin ^ ""^ """^^^^ of 
 
 ^^here candidates eJecteW "*^'"^"*' ^^5. (c) 
 
 B;tr;.,'',r,'.fe'"«'«»«tyofbri,,„., ... ' 
 
 fc«-J-. what „,■,', : ,,^™™on U<',5 
 
 t f ' , 
 
 (/) 
 
 taaisin,.,-,, „,";'. "gent, 155. (,,) , ., .' 
 
 
1312 
 
 INDEX. 
 
 iry. 
 
 '■ proved, 
 
 "I" inilucinj! 
 
 ELECTIONS— (C^on/mufirf.) i .'■ 
 
 Conversation after election inadmissible without previous ni.« i 
 of, 155. (f/) P'""' 
 
 Offers, gifts, promises, etc., to voters to be deemed bribery la 
 Offering to ivccept office at reduced salary may be deemed briberj 
 157. (A) " 
 
 Promise of refreshments bribery, 157, (h) 
 Betting may be held to be bribery, 157. (h) 
 Bribery must be established by clear and satisfactory uvidenc 
 157. (A) ' 
 
 Money given before election, ipxo facto bribery, 157. (;) 
 If money given after election corrupt intention must he 
 
 157. (j) 
 Gifts, loans, or promises made to induce recipient to infiuenf. 
 
 voters to be deemed bribery, 158. 
 Corruptly influencing voters to be deemed bribery, 158. 
 Advancing money for corrupt purposes to be deemed bribnv 159 
 Voter receiving money, proiniises etc., for agreeing to vote to bsi 
 
 deemeil guilty of bribery, 159. 
 Admission of bribery by voter invalidates vote on scru'inv 
 151). (0) _ '' 
 
 Receiving money etc., after election for voting 
 
 another to vote, to be deemed bribery. 160. 
 Hiring teams or carriages to be deemed bribery, 161. 
 Who to be (leeniiil guilty of using undue influence, Ifil 
 What constitutes intimidation, 162. {r) 
 Payment of actual fair expenses of candidate not to be deemi 
 
 a contravention of the Act, 163. 
 Candidate not restricted to purely personal expenses, I(j,l |.,j 
 Destruction of accounts, &c., by agent, raises presuniptioiuga: 
 
 respondent, 163. (») 
 Candidate responsible for acts of persons employed by iitireilit^ 
 
 agent, 163. (i^) 
 Evidence of corrupt practices to be t.'ikon nU'd voce, I(l,'i. 
 Candidates declared guilty of bribery or undue infliiLiice, to 
 
 unseated and disqualified, 164. 
 Disqualitication will not follow on unauthorized actsdiuie' 
 
 agents, 164. (u) 
 Penalty for acts of bribery or undue influence, 164. 
 Recovery of penalties, 165. 
 
 Judge to make return of offences to clerk of municipality, 
 Clerk to enter names of persons guilty of offences in al)nok,li 
 Division Court has apparent jurisdiction in recovery of tieii; 
 
 165. 
 Witnesses to attend on service of order of Judge, KiS. 
 Form of order to witness to attend, 166. (a) 
 Witness should demand expenses before being sworn, IfiO, 
 Witness disobeying order to be liable for contempt, Ififi. 
 Witnesses not excused on ground of self crimination, 1(J7, 
 Proceedings to bo commenced within four weeks after eled 
 
 168. 
 No penalty to be recovered where party charged has proscci 
 
 a party jointly liable, 168. 
 Provision not to apply where party charged took fir,<tst«p, 
 
lection inadmisaible without previous proof 
 
 •s etc., to voters to be tleemed bribery, I55, 
 ice at reduced salary may be deemed bribery, 
 
 cuts bribery, 157, (A) 
 
 L to be bribery, 157. (/O ^. , . * 
 
 ablished by clear and satisfactory evidence, 
 
 election, ip-io facto bribery , 157. ( ,;) , 
 
 r election corrupt intention must lie proved, j 
 
 niaes made to induce recipient to influence 
 3med bribery, 158. 1 
 
 la voters to be deemed bribery, 15b •. 
 
 )r corrupt purposes to be deemed bribtry, 159.; 
 ney, promises etc., for agreeing to vote to be j 
 of bribery, 159. I 
 
 ery by voter invalidates vote on scrutiny,! 
 
 eto after election for voting or imkicinJ 
 . to' be deemed bribery. 160. 1 
 
 rriiu'es to be deemed bribery, Ibl. 
 guitty of using undue influence, 161, 
 iitimidation, 162. (r) ^ x , , , 
 
 fair expenses of candidate not to be ileemei 
 ,1 of the Act, 163. 
 
 lictcd to purely personal expenses, lb,}. (.1, 
 luuts, &c., by agent, raises presumption again 
 
 '3 ( «) i 
 
 bie for acta of persons employed by ncreilitd 
 
 it practices to be taken viva voce Wl 
 •A guilty of bribery or undue iutlutnce,t.)l 
 ilisciualified, KJ't. ., . , , , , 
 
 ■ill not follow on unautlnuized acts (Inne I 
 
 "bribery or undue influence, 1154. 
 
 ties, 105. .If • • vi ,- 
 
 am of offences to clerk of muiucipality, Im 
 les of persons guilty of offences m i; nook, I 
 9 apparent juri«liction m recovery of poiiall 
 
 A oa service of order of Judge, Wo. 
 
 witness to attend, 166. (a) 
 
 .mand expenses before bemg sworn b, 
 
 o order to be liable for contempt, 160. 
 ■iTsed on ground of self crimination, 10,, 
 
 commen^cea within four weeks after eM 
 
 recovered whore party charged has proiecj 
 .^pi^^wherf party charged took fir,4 step, 
 
 INDEX. 
 ElECTION8~(Continufd ) ^^1 3 
 
 ^oP^-,3ee.o«3 relating to corrupt praot- 
 
 ^-A.ooM...,e^. ''^"°*'-*:> be posted up. 
 
 ELECTORS. "°«" ^""''^^-^-p'o^ZVZafs'^^^^^ 
 
 Consent o/, rS'/f ^^ Municipal Act Q 
 QualificationTar^-nnuIin^^^^^^^^^^^ 
 
 'Ve A.ssENT OF Er kct 
 
 EMPLOYMENT. ;^^'^» Animam. 
 
 By-laws for licenafn^ j 
 
 -y..SH0P.r""«^«d regulating i„,^j 
 
 ENCUMBRANCES. ''^'' ^^0. 
 
 Cannot be tilron • 
 
 I *^^ OITCHE.S AKD wa-pr!!:^ 
 
 bmiZATlON OF ASSESSMENTs'T'r 
 [EQUITABLE ESTATE-Quaiifi t" " ^*^«^«sment. 
 
 SmiATES-^c. FxxA^cB. ' '''"" '"' """""'P'"^' ^^'^^ "PO". 57, 58. (.) 
 IVIDENCE. » . ' 
 
 Who compellable to give i.. ., 
 
 How persons compelleir/^ .?^^''^ "'"'er Munieinni a 
 
 In proceedings «£^X°''**'^"^ 
 
 Before Boanit of PoHc^^p^^^^' 3^6. " '^'' •^'^- ('•) 
 
 By laws o'' Police P^,» V"'n'"i8sioner,s .324 
 Should be redncedt^^'"-^^^^ 
 
 gating oonduc*- nf A r -^ ^"«'i taken W t i 
 
 ECUTIOxV. ^^^'^-^iTXEssE,s. ^^**-Electxons- 
 
 111 hands of sheriff if fk x- 
 
 Orderforpaynie„tofttt'^r^^^P*^-«o«ofnewen . 
 ^'ce A.ssK.ssMENr; ^''' °^ '•««°«"t «°forceabTe bv lo^ ^•^• 
 
 TOIONS AGAINST MUNlCIPAr 
 
 Property held for prival^^^^ CORPORATIONS 
 
 Sheriff not entltWli*"^ statement of daim f 7' 
 
 . ' 1 
 
1314 
 
 INDEX. 
 
 EXECUTIONS AGAINST Municipal CoRPORATioNs~(Con<«wM*d.) 
 
 If claim not paid within a month, sheriff may strike a rate if writ 
 
 so endorsed, 318. 
 Separate rates to be struck where more than one writ, 318, {() 
 *■' Sheriff to issue precept to collectors to levy such rate, 319. 
 What precept shall set out, 319. 
 How collectors to proceed to levy such rate, 319. 
 Surplus after satisfying execution to be paid to treasurer, Sly, 
 Clerk, Assessors, and Collectors to be officers of Court from 
 
 which writ issues, 319. 
 Sheriff may compel delivery of assessment rolls to him, 319, (/> 
 
 EXEMPTIONS FROM TAXATION. 
 
 Disqualify for office when by By-law, 63. {j) 
 Distinguished from disqualification, 67. (a) 
 Who exempted from serving in Municipal Councils, 66. 
 Councils to have the power of granting in certain cases, 277. 
 By-laws for, bad when discriminating against other similar niana. 
 
 factories, 277. (a) 
 Power not restricted to new manufacturing establishments, 277. (ji 
 Must be public benefit to ratepayers in order to sustain Bv-la» 
 
 277. {a) ' '' 
 
 By-laws granting, to be construed strictly, 277. (o) 
 Power to renew may only be exercised once, 278. (6) 
 
 See AssKssMENT — Fire Companiks. 
 
 EXHIBITIONS, 
 
 By-laws to procure property for, 461. 
 
 For erection of buildings thereon, 461. 
 ^ For management of, 46 J. 
 
 Licenses not to be granted for sale of liquor at, 903. 
 
 See Public Shows. * 
 
 EXPENSES— -See Elections. ^,. ,, ' 
 
 EXPLOSIVES. 
 
 TSy-laws for regulating the keeping and transporting of, 424. 
 Keeping of may be deemed a nuisance, 424. {<•) 
 
 EXPRESS MESSENGERS. 
 
 Children engaged as, to be subject to Police Commissioners 32^ 
 
 EXPROPRIATION— .Sf«c Lands. 
 EXTENSION OF LIMITS. 
 
 Of town or city by addition of land in another comity, 2". 
 Effect of, upon by-laws in force at time of, 46. 
 Adjustment of debts and assets upon, 47. 
 
 FACTORIES — By-laws for securing employees against fire, 413. 
 FAIRS— .S'ee Public Fairs. 
 
 FARES -By-laws for regulating on hire of cabs, etc., 467. 
 FARMERS. — Stock and income of, exempted from taxation 717. 
 
•" '* "K, 
 
 [CIPAL COKPOBATION9--(Con<i«tted. ) 
 
 in a month, sheriff may strike a rate if writ 
 
 truck where more than one writ, 318, (<) 
 
 ,t to collectors to levy such rate, 319. 
 
 it out, 319. 
 
 ceed to levy such rate, diy. 
 
 ig execution to be paid to treasurer, 319, 
 
 I Collectors to be officers ot Court from 
 
 elivery of assessment rolls to him, 319. (/) 
 
 ATION. 
 
 ivhen by By-law, 63. (;') 
 
 isqualification, 67. (a) 
 
 serving in Municipal Councils, 66. 
 
 power of granting in certain cases, 27/. 
 
 in discriminating against other similar manu. 
 
 II new manufacturing establishments, 277. (») 
 ifit to ratepayers in order to sustain By-law, 
 
 » be construed strictly, 277. (a) 
 r only be exercised once, Zlb. (0) 
 '—Fire Companies. 
 
 property for, 461. 
 buildings thereon, 461. 
 
 it of, 461. , , ,. , QHQ 
 
 ;ranted for sale of liquor at, 90.^. 
 
 )WS. 
 
 Ing the keeping and transporting of, 424. 
 deemed a nuisance, 424. (<•) 
 
 ,s, to be subject to Police Commissioners, 
 
 iANDS. 
 
 r addition of land in another county, 27. 
 -laws in force at time of, 46. 
 bts and assets upon, 47. 
 
 r securing employees against fire, 413. 
 
 3. 
 
 ilating on hire of cabs, etc., 467. 
 ncome of, exempted from taxation 717. 
 
 FARMERS' SONS. 1315 
 
 When qualified to vote 79 
 Where more than ' '^- 
 
 . t fr 
 
 m 
 
 _ -—w^ca St 
 
 uwner, meaning of 74 "r ?' 
 
 Form of oath for af "1 .. 
 
 ^ y laws for sei^ng and destroying. 396. ,/ . ! 
 
 Dayi appointed for. not if. h , V ' 
 
 C«Dnot be charge,! by Gl'ert , """"Pliaooe 
 
 municipal offiti^rs, ^ "P""* '« ^^eatigations into . , ^ ' ■ 
 Of mumcipal officer<« fn K « , "'"'to conduct of 
 
 By-lawsfo?fi,i„;;7„tenserto^^>^^^^ 
 
 -S^eARBiTnATioNs-W* 5 *'"« houses, 379 ,. 
 
 ONIES. '^'''^''«'*«'^^°^«'entof.42a 
 
 Power of constable to arrest ™^*i ■ " - -' 
 
 ^Duties of police in prevrtSgHso."* ""'^^ ^-^ 328. (,) 
 
 ; I ■ i > 
 
 CES. 
 
 ,, Such fence, not to L^"'*' ^h«« of uK^^'».«««.3«8. 
 *or keeping up water'^gXTn"^^^^^^ (T '''• 
 
 Jii 
 
 i 1 i 
 
 I 'i 
 
 \VI 
 
1316 
 
 INDEX. 
 
 
 ■C.v^'- 
 
 VKNCES— Continued.) 
 
 To prevent erect'on of wooden fences in certain districts 
 425. 
 Powers of county councils in respect to, 466. 
 
 See Link Fkncks — Kailways— Snow Fences. 
 
 FKNCE-VIEWERS. 
 
 By-laws for appointment of, ;-551. 
 For fixing foes, &c., of, 353. 
 See Line Fences — Pounds. 
 
 FKRPvIES. 
 
 Wlion exclusive privileges in may be granted by councils, 215 
 
 l''raiicbisc cannot be set up without license from the Cro\vn,2lo 
 
 Right of muMioip"! council to derogate from its grant of, 215"({| 
 
 Merc powe. to establish and regulat'i will not confer power to 
 
 grai.t exclusive riguts to ferry, 216. 
 
 Power to grant exclusive rights in, not to apply to certain 
 
 ferries, 216. 
 By daws for licensing and regulating between two places in same i 
 municipality, 419. 
 
 Assent of Lieutenaut-dovernor required to bydaw, 419, 
 Lieuttnant-Oovcrncjr to regulate ferries in certain cases, 419, 
 Powers of townsliips as to, 473. 
 
 FIAT. 
 
 Form of, where endorsed on notice of motion to set aside elfcl 
 tion, 142. ■ 
 
 FILTH. 
 
 By daws for preventing deposit, in streets, &c., ,S89. 
 Not to be deposited in streets, &c., in police villages, 619, 
 
 FINANCE. 
 
 Heads of councils to communicate information to council i 
 
 to, 180. 
 Ann\ial statements to be published in municipalities, 194, 
 ICstimates to be made annually, 272. 
 By laws to be passed for raising money by rate, 973. 
 Provision wliere amount collected falls sliort of estimate Tii i 
 Provision where amount collected exceeds estimate, 275. 
 Special accounts to bo kept by council of special rates and ' 
 
 ing fund, 2S2. 
 Surplr.s at credit of special rate may be carried tonextyei 
 
 interest and to sinking fund, 283. 
 Moneys may b(- applied with consent of Lieut. -Governor toj 
 
 damption of debt, 283. 
 How furplus moneys raised on speci d rates miy be invtsted.i 
 Sinking fund may be used in ^)urchasing unsold ilebentures,J 
 How sinking fund may be invested, 285. 
 Surp) '.s income from any work, &c., may be applied towaidij 
 
 debt, 285. 
 Surplus moneys from the Ontario MunicipalitnisFundniajli 
 
 apart for educational purj^ OSes, 285. 
 In what securities 8uci\ funds i.iay be invested, 285. 
 Inves';ment not to exceed two-thirds of the value of real c 
 
it-on of wooden fences In certain districts, 
 
 vileccs in may bo granted by councils, 215. 
 f wf ct uu without license from the Crown,215, 
 V^rnci Uoaerogate from .ts grant of, 215, (() 
 ,sSish and regulat. will not confer power to 
 aivc riu'iits to ferry, 216. i 
 
 Sclusive rights in, not to apply to certain 
 
 ug and regulating between two places in same | 
 
 utenant-riovernor required toby-law, 419. 
 "or to regulate ferries in certain cases, 419, 
 ips as to, 473. 
 
 iidorsed on notice of motion to set aside e 
 
 nitinc deposit, in streets, &c., 389. 
 
 ted in streets, &c., in police villages, 619, 
 
 \a to communicate information to council i 
 
 its to be published in municipalities, 194. 
 made annually, 272. 
 
 issod for raising money by late, .1,6. . 
 
 Tnu unt collected falls short of estimate, %i\ 
 
 : ai mint collected exceeds estimate 2-o. I 
 
 , to bo kept by council of special rates and sd 
 
 iTt'of special rate may be carried tonextye. 
 '^lS;d;^tS^^SofLieut..Governor.j 
 
 ;.nfet*'ratsed on speci d rates may l.e inv.^tea.j 
 ny be used in ,>archa9ing unsold debe.itureJ 
 
 ?tmlywS:£m:y be applied— I 
 
 8 from the Ontario Municipaliti'^s Fundmayh 
 ^:^-'^*7tffi"y bfiivestecl, 285. 
 
 ;j^^:rcledit-tasofth^ 
 
 INDEX. 
 
 nmNCE-Continued.) 
 
 p"s"l^^J*i««-"red.286. 
 
 1317 
 
 Surplus monevs m-^vT'f' ^S^. 
 
 grants may Kj, J;J»->«ci to «ehool trustees 286 
 
 Annual ni"s'toTir.-;i"^ for Cf S^i'^.^-^-^ta, 287. 
 rifLM»nicipaaVn„!^:j?«'^' '^-asurer of indebted 
 
 "ess to Municimlif* L*° ^"'"^'n 
 
 Councils to mak» n« ! ""'• 
 
 govenioT287'""'"'^ '•«*""'« «^ Btate of debt to L' . 
 Penalty for default, 287. ^^'eutenant- 
 
 Inquiries into!^ *""'' ''^P'"'' '""s' shew, 288. ' 
 
 Expense, of c„'»;„tai„„,„^ »'""■'."« e„„„„y, 
 
 nW!i-&e PuNALTiEii. , ^ ''rovinoW Treasurer, 289 
 
 WRK. 
 
 LAO.S. ""■"""■*■• AmB.V„„™, ACT-.P„U,„ V„ 
 
 lF18E.AEMS-By.Ws tor preventing „, , 
 
 friliE BRIOADE.S. '™"°« °'- "=«»'»«»« *e «ri„g „,, ,23, 
 
 By.la«,orai.lings„por„„„„„y„„„ , " 
 
 hKE-BUCKETS-By.Iaws to r. ■ ■ """""'' '"-I' of, 4si. 
 U COMPANIES '"'""""'""''■""°P"^">e.«0. 
 
 Members of exeinnt fr 
 
 Members to be expm.,f f ' ^- 
 
 From serv^jryirt":^ -tain servi^ 
 
 As constables. 650. ^• 
 
1318 
 
 INDEX. 
 
 FIRK COMPANIKS (Con<mM«(/. 
 
 Not exempt from service m jurort, 659. 
 
 To bo entitled to eertitiuatc of seven years' service, 659. 
 By-laws exempting memhera from certain serTices, 659. 
 Certificate of service tu exempt from statute labour and jury 
 
 service, (560. 
 
 FIKK EN(i INKS.— By-laws for purchase of, 1216. 
 
 FIRK GUARDIANS. -Act to authorize the appointment of, 12.11. 
 
 FIREMEN— .S>«; Fire Companies. 
 
 FIRE-PLACES— liy-lawB to regulate construction, &c., of, 428. 
 
 FIREWORKS. 
 
 By-laws for preventing or regulating the use of, 423. 
 Liability of person suUiiig or using, 423. (h) 
 
 FISCAL YEAR -Time for commencement and ending of, 275. (o) 
 
 FISH. 
 
 By-lawH for seizing and destroying when tainted, 404, 
 For regulating sale of, 454. 
 
 FISHERMEN.— .^ee Manhood Suffraqk. 
 
 FISHERS. — See Came and Fcr Bearinu Animals. 
 
 FLUES — By-laws to regulate construction or removal of, 428. 
 
 FOI»I)ER — By-laws for regulating sale of, 454. 
 
 FOOD. 
 
 By-laws for seizing and destroying when tainted, 404. 
 
 For regulating buying and selling of articles exposed fj 
 
 sale, 405. 
 For preventing the use of improper materials in bread, 
 For appointing inspectors of, 405. 
 For licensing milk -vendors, 405. 
 An indictable oil'ence to expose meat for sale whtii 
 for, 405. (c) 
 See Public Health. 
 
 FOOT-PATHS — By-laws setting apart portions of highways for, "hM. 
 FORCIBLE ENTRY. 
 
 Pos,^e coviitatuis may be called for suppression of, 348. (i| 
 
 FORESTALLINC— By-laws for the prevention of, 456. 
 FORMS. 
 
 Of certificate of qualification for Reeve and Deputy Reeve, 52J 
 Of declaration of number of voters to be filed by Dtw 
 
 Reeve, 53. 
 Of oaths to be administered to voter, S4, 85, 86, 87. 
 Mistake in using not to invalidate election, 127. 
 Of notice of motion for order setting aside election, 140. 
 Of fiat to be endorsed on notice of motion to set aside i 
 
 cion, 140. (k) 
 Of recognizance to be entered into by the relator, 142. (/ 
 
inwd. 
 
 m service as jurors, 659. 
 
 To oertitioato of seven years' service 659. 
 
 meml)crH from cortain serTioos. 6o9. 
 
 !o to exempt from stotute labour and j„n 
 
 I for purchase of, 1215. 
 to authorize the appointment of, 1231. 
 
 ANIES. 
 
 > regulate construction, &c., of, 428. 
 
 ting or regulating the use of, 423. 
 selling or using, 423. (/i) 
 
 commencement and ending of, 275. (o) 
 
 and destroying when tainted, 404 
 
 sale of, 454. 
 000 suffragk. 
 
 For Bearinu Animals. 
 te construction or removal of, 428. 
 ulating sale of, 454. 
 
 r and destroying when tainted 404. 
 
 g buying and selling of articles eicposcd fJ 
 
 g the use of improper materials in bread, «j 
 g inspectors of, 405. 
 milk -vendors, 405. i v 
 
 fence to expose meat for sale when 
 
 EALTH. 
 
 letting apart portions of highways for, M. 
 
 ,ay be called for suppression of, 348. (t) 
 W9 for the prevention of, 456. 
 
 lU.alificatioii for Reeve and Deputy Reeve 52] 
 ,f number of voters to be hied by Def^ 
 
 Iministered to voter, S4, 85, 86, 87. 
 not to invalidate election, 127. 
 ion for order setting aside election, 140, 
 .dorsed on notice of motion to set aside i 
 
 to be entered into by the relator, 142. (/) 
 
 VORMS—iConfinyr:/, 
 Of a<liiluvifc 
 
 INDEX. 
 
 1319 
 
 Of a<liiluvifc of i|i.*f«U." 
 
 Of onler ina.i,. ,„ , ;;/ . . ^^ ^^ sot aside 
 
 III ';;-iai,n... of .;;£';;;;::;^^;;f i!*y of election, ,48 m 
 
 f I)iHoIuu„,,r of „fti,, h,u'Z\ 'f. summons i.ss, e 1 ntf 
 uw. , ' ^'tnv.ss to attend on r.-.. i- 
 
 J '-'•-rKH, to lill».,,n „f T , . 
 
 For returns l,y (.,,,ks fn u '''"''^' **'■' 
 
 Of deoJarafcioi, of oiJieo of a i-. 
 
 '*,isehol,br vS ' " ^'y-hiws, 228. 
 
 Ot notice of loo.il in.'•^'..'' ** 
 
 nauot Papers ;;;;'^;;;;;:;;::;-gt>>y-^^^^ 
 
 ,, vuLtrs at elections, 627 ' 
 
 Voter,' U,t for ,,,,, ,;f ;£f °" ty-Uw.. 6,12. 
 
 , I 
 
 f'l 'I I'm-' ■%■ 
 
1320 
 
 INDEX. 
 
 FORMS— ((7an<mMff/. 
 
 KuturiiH under DobontnruB Rogifltratioii Act, 050, 651. 
 
 Of 
 
 Of 
 
 Of procl-iiiiiitioiia of imltliu tnuetingi, 657. 
 
 Of by-law for iMstic of Free Lil)niry dobuutitrcs, 667. 
 
 putition for Krco Library, 0(!(> 
 Of by-law cHtablinhiiig Froe fiibrary, 6(16 
 
 Of Fret! Library <lybi!iitiirt'H, 6tJH. 
 
 See AS.SKHMMKNT— I)I'ICIIKS AND WaTEHCOUKHRS — InkAN 
 
 Link Fkncks — Ligi/uu Licenhkh — I'uiiuc Hkali 
 VoTKKs' Lis'r.s. 
 
 FRANC HIHK. 
 
 Inclination of thoOcairts to favour, 68, (d) 
 
 Not lout to any one really ontitlud to votu, 68. (d) 
 
 Franchise AnufHrnent Act ISS'J. 
 Interpretation, IU23, 
 
 Certain words to have nanio meaning aa in Municipal Act, 12; 
 Farnieru' nous, how entitled to be entered on asscsaniont roll 12 
 
 Where father living and parents' own farm, 122.3. 
 
 When father ilcad and widow owns farm, 122.3. 
 
 Temporary absence from farm, rJ23. 
 
 Where farm not sutliciently valuable to (|ualify all soni, f. 
 
 Where father only to be assesHcd, 1224. 
 
 TIow names may bo required to be entered, 1224. 
 Assessor to enter names of voters on roll, 1224. 
 Students at college, etc., 1224. 
 Persons diH(|uali(ied from being entered on roll as voters, i225| 
 Assessor to place on roll persons making i)roper ahidavit, 12iJ 
 
 To make encjuiries as to persons entitled to Ite placed on hi 
 1225. 
 Affidavit to be made by assessor, 1225. 
 Complaints .as to improper entry or mission of voters to be i 
 
 to (Jonrt of Hcvision, 1226. 
 
 Commencement of this provision, 1226. 
 Assessor not refjuircd to give separate notice to farmer's Kon3,d 
 Service of nctices on farmers' sons, 1226. | 
 
 Assessor to make iixpiiries to prevent false creation of vntej, 
 Persons entitled to be assessed to be entered on roll withoitl 
 
 quest, 1227. 
 Penalty for causing improper entries on roll, 1227. 
 
 Meaning of word '* voter," 1227. 
 Time for assessor to deliver roll, P227. 
 " List of voters." what meant by, 1228. 
 " Assessment roll." what meant by, 1228. 
 Act to be read with assessment acts, 1228. 
 
 Sec Manhood Sukkraoe. 
 
 FRAUD. 
 
 Moneys paid by, 5 may be 
 audited, 195, (k) 
 
 recovered though accoiint8 
 
 FREEHOLDERS. ' ' ' 
 
 Qualification for voting on by-laws, 226. 
 May vote on wife's property, 226. 
 Who may vote where tnere is uo assesement roll, 226. 
 
^NUKX. 
 
 1.321 
 
 bcntnrc.KcgiHtratlo»Act.050,0r,l. 
 
 of iniblic intetingi, »w/. 
 CO Li»>rary, OW). 
 
 Ic .TKroc Library aobontures, 667. 
 
 ■rs. 
 
 (!„urt8 to favour. 68. (d) 
 
 me really ontitlcUo voto, 68. W 
 
 Act tSS'J. 
 
 '^P' -n.no mcanina a« in Municipal Act, 1223.1 
 
 ■ livi.m and parent.' own hi n , UAl. 
 ",lca,l,ui.lwr.lo»- own. tm-n, 1223, 
 
 ,,. names of voters on roll, 1-4. 
 
 U.ge etc., ri-i't. ^ ,.,,11 ^g voturs, ll'll 
 
 'irrii ;;;i'p S. S^ ,,r,„.er awa^vit ,d 
 
 ",;,!riJ.l. to pcr.on» cntitlo.l to 1.. l.l»oJ ...( 
 
 :?;l:pX.rs;'o'S.ionotv,,t.«.,.w, 
 
 f Ueviston, 122(>. . 
 
 KrSLTt.> be Entered on roll .itho«] 
 
 "sing improper entries on roll, 1227. 
 of word ''voter 1227. 
 B„or to .Ichver rol . 1227; 
 
 ,rs." vvbat meant by, l--». 
 ;'n.ll." what meant by 1228 
 
 a witli assessment acts, mo. 
 
 UOOD SCFFHACIE. 
 
 be recovered though accounts i 
 
 for voting on by-laws, 226. 
 .t:wtrtCV«o.sBeB.mentroU,226, 
 
 '«,^<Slffi:::;;j';f';!;;; ['ranch libraries 
 L'd to electors, f.ui '"""'"'«. ''61. 
 niav l)G tinaao.i I.. ■ 
 
 Konn of ofttli t,, i„. „ i . . 
 
 JfRKE UHlfAKIKS. 
 
 Hylaws forni.lh.ir. .?r.« 
 
 Short title of Act. ({(JO. •^• 
 
 KNtablishnient of fr,.o ui...„ • 
 
 By law.« for the 
 
 To be Huhmittu,. .„ e.ectors f.-.i I - '" 
 
 When by-law may be i.Si i '' 
 
 Counoil to pas.s by.]; JS' '*>' '''^""cn, 66J. 
 
 if hyhw ./ofcHtcd LTv b !''"' """•"•«««'try delay (Ifi, 
 
 Appointment of 1 o' r J, / ' '"" *" »'" s'lbn ittSiH V 
 
 No ...ember of bo v a , i.".'""'«^""'""t- ««I «'"tyear, 661. 
 
 One n.o.nberof ho^Zloul'^' ^" ''^^ ^''«i'>'«. 661 
 
 Tenn of office of fir „t. .tr' H '"'^'l^' ««^« 
 
 Vacan<,ie8 in boaid (i62 ^ ^'"*''«'' 662. 
 
 Term of office of su'baefin .„«. 
 
 Whe.. .nembcH (.f boar U V '"^ ««2. 
 
 Hoa.cl to elect a cha.vl. . :««V^"''"'"*-'. ««!->. 
 
 ProvLsion for a wenco r.f • 
 
 Special meetings, ()03 
 
 Four ...einbei-a to c()iisfi>,,f„ 
 
 liuti.a of Immrf'kl""" '" ''"'''''>' I'Mccding,, 663 
 
 (outicil to lew sno.-inl ^; /'."**• 
 
 Free lil-rary dhS^^ts'"- '''""-^ I^^-'P^'e^- 664. 
 
 f oni. of .1cbcntui-e, 068 
 
 Mcclmi),c« limit,,,,, "™-'f"<'. 660. 
 
 WJen .nch "g.^en^K.^';^ 'i^ffi W to municipalities (565 
 \\lie.^hbra.-y &c.. transferred fnnn m'^""^"«^1' 665. ' ^'^^' 
 he made for free librarv fiS ^"''=''*»'C8 Institute, ^.-ant 
 Act to he incorporated with ll'lm • • , *^ 
 
 Establishment of evemm, classes fnr .• 
 igg *> ^'»88e8 for artisans, 1219 
 
 i» addition to penal- 
 
 m 
 
 !i I ■ 
 
 .1 4; 
 
 mmmm 
 
1322 
 
 INDEX. 
 
 ' .- Jil,'' 
 
 r1 
 
 FREE LI BRARIES— (Coj»<mM«/. ) 
 
 Powers of board with respo-it to evening classes, 1219. 
 Transfer of property of art schools to niunicipnlitius, 1219 
 Aid to free library by government after transfer of art scL 
 
 property, 1219. 
 Penalty for disorderly Ijuhaviour in free library, 1219. 
 
 FRONTAGE TAX.— .S'ee Local Impkovkmints. 
 
 FRUIT. — By-law regulating sale of on streets, 454. 
 
 FRUIT TREES. —Act to prevent spread of noxious weeds jwJ djj, 
 aflfecting, 1020., 
 
 FUEL. 
 
 By-laws for regulating the weighing and measuring of oa i 
 kets, 457. 
 
 FUR BEARING ANIMALS.— .SVe Gamb and Pur BkaringAmjuJ 
 
 FURNACES.— How to be built in police villages, 617. 
 
 GAMBLING HOUSES. 
 
 By-laws for suppression of, 39f>. 
 Deemed nuisances, 396. (n) 
 
 GAME INSPECTORS. 
 
 By-laws for appointment of, 351. 
 
 for tixing fees, &e., of, 353. 
 See Gamk and Fur-Heahin(3 Animal.s. 
 
 GAME AND FUU BEAIJING ANIMALS. 
 
 Act for protection of game and fur bearing animals, 1124, 
 Close period for deer, elk, moose, reindeer, and carilmu, llji 
 
 For grouse, pheasants, prairie fowl, and partridge, 1122 
 
 For quail or wihl turkeys, 1124. 
 
 For woodcock, 1 124. 
 
 For snipe, rail, and golden plover, 1126. 
 
 For swans or geese, 1125. 
 
 For ducks and water fowl, 1 125. 
 
 For hares, 1125. 
 
 For beaver, mink, muskrat, sable, martin, otter audi 
 1125. 
 Possession of game etc. , during close periods, 1123. 
 Exposure of game etc., for sale, 1125. 
 Protection of eggs, 1125. 
 Prohibition of trapping, snaring etc. , 1125. 
 Batteries etc., for taking wild fowl forbidden, 1125. 
 Night hunting forbidden, 1125. 
 Protection of certaMi fur-bearing animals, 1 125. 
 Destruction of fur-bearing animals in defence of property,] 
 Peaaltiea, 112(3. 
 Dispositiim of penal tic ,1 126. 
 Coimscation of game on conviction, 1 126. 
 Protection of game preserve?, 1126. 
 Prohibition of use oi poLson, 1127. 
 Deer etc., not to be killed for export, 1127. 
 
 
iNDEX. 
 
 ontintied. ) 
 
 with respe-'t to evening classes, 1219. 
 erty of art schools to municipiilitics, 1215 
 ivrj' by government after transfer of art jcto, 
 
 :i9. 
 
 ^lerly ))chaviour in free library, 1219. 
 
 D prevent sprea;! of noxious weeds agul disf^ 
 120., 
 
 ;ulating the weighing and measuring of oa 
 
 [ALS<.— .S>e Uamb and Fur Bkaring Ammh 
 )e built in police villages, 617. 
 
 AHINfi ANIMALS. 
 
 ion of game and fur bearing animals, 1124, 
 
 r deer, elk, moose, reindeer, and caribou, UJ, 
 
 , pheasants, prairie fowl, and partridge, 1121^ 
 
 >r wild turkcy.s, 1124. ' 
 
 ock, 1124. 
 
 rail, and golden plover, 1125. 
 
 or geese, 1125. 
 
 and water fowl, 1125. 
 
 1 125. 
 •, mink, muskrat, sable, martin, otter, and! 
 
 ame etc., during close periods, 1125. 
 me etc., for sale, 1125. 
 ggs, 1125. 
 
 trapping, snaring etc., 1125. 
 for taking wild fowl forbidden, 1125. 
 forbidden, 1125. 
 ertaMi fur-bearing animds, 1125. 
 fur-bearing animals in defence of propertj.j 
 
 Ui^ AND FUR.BEARING ANIMALS ,r r 
 
 Penalty for o.„*-»..-_, . "^"^^^-^^'onttmeU. 
 
 1323 
 
 Municipal councils m,« * ^P '""» »' hree at ,>«.* • .. 
 Duties ind pSs o^'lSf «'""« inSetr m? ''""'' "27. 
 Inspector to institute ^;Secy"*"'^ 1127. ' '^^^' 
 When deer n,ay be huSS bv °"' ''"'' »»ke searches 1 l-;j 
 
 <i»ebec, 1128. "'"*' ^^^ P'^'^ons not resident in oi:?'- 
 Commissioner of Crown r , Ontario or 
 
 1128. ' ^''^"^'s "lay Grant ..^..«,-. ■ 
 
 Number of deer which n, . ^ " '" ''''^ «»''^«. 
 
 1128. '"*y '^« killed by indivn , 
 
 Penalty for exceeding such , . '"'^'vuluala or pities. 
 
 Imprisonment in defful? of n""'''"''' ^ ^29. 
 
 iOl-ERS. 
 
 Disqualified for election f,. 
 
 To receive, Sec. , pSner, '""'"P'P'-^I office, 61 
 
 To be appointed Chedffr m'""' '"^ "^-^^^ g'-'ol 335 
 Salaries of, to be fixed b v - A . * 
 , . ^ Subject to rev .1^;;^ '*^""'^"' ^^L 
 Appomtnient and dismis. a Lsul>iec?r r"'' °^ ^"««"«. 341 
 Ou' "" *"' '"' *" 'S^'ft^^'l^t"'-*"* ^°^«rnor, 341. 
 
 To be gooh „f cit J „'??^„''J^,'»,"" '<"•«««„„ „,, 334 
 
 qoi / . ""'' "6 erected err-on* k .. ' '• "•'". 
 u '^■*- J'*) P' ^y '^"thority of Parli^m. 4. 
 
 Powers of Inspector of Pr,-,« t^arl>ament, 
 
 m (a) "^ ^"««n« as to, when out of renair * 
 
 Oflicers to receive am? »o* I , " °^ ^^epair Ac. , 
 
 To he regulated by by.?aw '^^h''' '•''!''""*"•« i°. 335. 
 To he houses of coiTcJt 0^1 ,?"'"'"'^''"*'««' 336. 
 K t 'r ""*^^'y *e.:?>^ 3T"'^ P'-^-« --ted. 340. 
 
 Sheriff probably to deterfmn ^^ *'''V"^^' «""»cil. 34 1 
 
 f ''. 
 
 
1324 
 
 INDRX. 
 
 y • 
 
 GAOLS— {Continued.) 
 
 Reference to arbitration in caae of dispute, 343, 
 Liability of city to contribute to cost of erection of, 343' 
 Insurable interest of corporation in certain oases, 343. 
 Compensation by city or town for use of, 344. 
 
 Agreement as to should be by by-law, 344. 
 
 Matters to be considered in determining 345. 
 
 When amount may be reconsidered, 346. 
 By-lawa for support of destitute insane at, 470. 
 Compensations of counties where used for lock-ups by cJtJM 
 
 GAOL SURGEON.— By-laws for appointing, 415. 
 GARDENS. 
 
 Not to be taken for cemeteries without consent of owner 
 By-laws for acquiring property for, 461. 
 
 for erection of buildings thereon, 461. 
 for management of, 461. 
 Assessment of, 737. 
 GAS— -Sec Bv-Laws. • 
 
 GAS COMPANIES. 
 
 Municipalities to have certain powers of, 366, 
 
 Not bound to furnish gas to all buildings on lines of 
 
 pipes, 393. {tj) 
 Not liable without proof of negligence for escape of 
 By-laws for authorizing laying of pipes by, 393. 
 What authority required to authorize laying of pipej, 
 
 ally, 393. (y) '"^ ^ 
 
 By-laws for taking stock iu, &c., 394. 
 
 Head of uounuLl in such case to be director, 394, 
 
 GAS WORKS. 
 
 Debts incurred for, to be payable in thirty years, 251, 25jj 
 
 By-laws for regulating, 401. 
 
 By-laws for construction of, 462. 
 
 Estimates to be published and notices of takine poIiJ 
 Poll to be held, 46.3. ' 
 
 By-law to be passed within three months, 463. 
 
 When by-laws for extension or improveraeut of do not] 
 assent of electors, 163. 
 Assent of Lieutenant-iJovernor required in 8uch( 
 
 If by-law for construction rejected, not to be re-euba 
 three months, 464. 
 
 GENERAL SESSIONS. 
 
 Constable to liave charge of lock-up to be appointed at, j 
 
 GOATS —By-laws for regulating keeping of, 401. 
 
 GOLIJEN PLOVER— .9ef Gamk and Fun-nEARiNG Animau, 
 
 GOVERNMENT ROADS-.SVe Highways. 
 
 GOVERNOR-GENERAL. 
 
 Income and personalty of, exempt from taxation, 717. 
 
 i 
 
TV 
 
 BEX. 
 
 rence to arbitration in caae of dispute. 343. 
 itv to contribute to cost of erection of, 343. 
 erest of corporation in certain cases, 343. 
 1 by city or town for use of, 344. 
 nent as to should be by by-law, 344 
 •8 to be considered in determining J45. 
 amount may be reconsidered, 346. 
 upport of destitute insane at, 470. . 
 
 as of counties where used for lock-ups by citieJ 
 
 -By-laws for appointing, 415. 
 
 ken for cemeteries without consent of owner, 3 
 acquiring property for, 461. 
 erection of buildings thereon, 4bl. 
 management of, 461. 
 of, 737. 
 
 ies to have certain powers of, 366. 
 to furnish gas to all buildings on lines oil 
 
 i93. ((J) , ,. * t 
 
 dthoat proof of negligence for escape of 
 authorizing laying of pipes by, 6J6. 
 ority required to authorize laying of 
 
 taking stock lu, &c., 394. _ 
 
 f council in such case to be director, 394. 
 
 •red for, to be payable in thirty years, 251, 255^ 
 
 • regulating, 401. 
 
 • construction of, 462. 
 ktes to be published and notices of taking poll, 
 
 be held, 4«3. ^ ^. ^^^ 
 
 r to be passed within three months, 4b3. 
 aws for extension or improvement of do notj 
 sent of electors, <63. . , . , 
 
 ; of Lieutenant-Governor required m suchi 
 for construction rejected, not to be reguba 
 months, 464. 
 
 ONS. 
 
 to have charge of lock-up to be appointed at,] 
 
 ior regulating keeping of, 401. 
 
 ^—See Game and Fur-bearing Animals. 
 
 LlOADS—AVe Highways. 
 
 fERAL. 
 
 ,d personalty of, exempt from taxation, 717. 
 
 iM 
 
 1326 
 
 ' nuisance, 
 
 Abolition of market fees upon 445 
 
 By-laws for re/arulatinw ani/ 1 : 
 
 Bf laws for re|ulatt|sat oTi^.f^hmg °f. 454. 
 
 Exemption of from talati^n 7^? '*''^^'''' ^54. 
 
 IMMAR SCHOOLS. -6'««HioH Schools 
 ATUITIES. 
 
 May be given to municinn.1 ««! 
 
 Not to exceed salary for last fwf '" ^^''**'° «^es. 206 
 
 To be clistinguished'irom annuifcTe: ^aT .°^i^' "^««' 206. 
 
 kvEL-Not to bo deposited on rn 1 ,' ^ 
 
 [VES-See C...JJ " ""'^ '^"""^ ^'-g^^-g. 477. J 
 
 CERS-By-laws for regulating purchases by on m„ t . 
 kvD.S.-By-laws for clearing or filling J^^^S ' '''' 
 
 hm.-See Game and Fdr Beari^o A^imal.s ' 
 
 Hantee companies 
 
 IfPOWDEh'. ' 
 
 By-laws for regulating the keen;„^ n 1 ^ 
 Manufacturing and ^'^^pi^^^Z^^X^Si^i^^ 
 HoHT to be kept in police villages Gld ' * °"'**' 
 
 Not to be sold at night in polife wKes 619 
 
 S-Bylaws for preventing or regulating^th; fin^g ^f, 423. 
 
 Of Alunicipaljties, nominations to tak^ «7 • 
 I!y-law3 may be passed for ereofJn , *'®,PJ«'»°e in, 88. 
 May bedisposcd'of ^vheri^t'^ ' fiS ^ ;";?" 'r'^^g' 350. 
 \Vhat included in power to buiff SSm *' ^'^^ 
 Bylaws for regulating egress fit'/nf 360^^ 
 
 Sec VVBLIC liviLUISOfi. 
 
 Lets. ' ; ;^- - 
 
 By-laws for sale of roads in, 544 
 aUR COMPANIES. 
 
 By-laws for aiding J^y ^ranfa «- + 1 ■ 
 
 Assent of electorsS-eqS^^V ^"^ '*°''^' 357. 
 OUR MASTER. 
 
 Bylaws for payment of, 354 
 
 For removal of „b.t™,U„„°';^^3-3^ 
 
 ' If' 
 
 H^ 
 
 MiiW'i nil 
 
 my.. 
 
 b"!li 
 
1326 
 
 INDEX. 
 
 HARBOURS— (Con<tn?t€fi. ) 
 
 Provincial Legislature no powers as to navigation and thi 
 
 ping, 363. (j) '"' 
 
 By-luws for making and maintaining, 354. 
 
 For regulating, 354. 
 Duty of those uontrolling, to have same reasonably ijt i 
 
 use, 354. (m) 
 By-laws for regulating loading of vessels in, 354. 
 
 For erecting beacons, &c., in, 354. 
 
 For regulating Harbour dues, 354. 
 
 Power must not be exercised for revenue purposes, 354 / 
 By-laws for granting aid for construction, &o., of, 365. ' 
 
 Assent of electors necessary, 355. 
 
 Municipality may take security from person receivinn 351 
 By-laws for regulating the clearing of, 433. 
 
 H ARD LABOUR. — Power of Legislation to impose punishment of, 93" 1 
 
 HARES. — See Game and Fur Bearing Animals. 
 
 HAWKERS AND PEDDLERS. 
 
 By-laws for licensing and regulating, 416. 
 . Who deemed to be, 41d. (o) 
 
 By-laws for providing County Treasurers and Clerks withlicmu 
 
 for, 417. 
 
 Licenses not to be required from certain persons, 417, 
 Interpretation of terra "Hawkers," 418. 
 
 HAY. 
 
 Abolition <^f market fees upon, 445. 
 
 Not required to be weighed before sale, unless parties so i 
 
 446. 
 By-laws for regulating sale of on streets, 454. 
 By-laws for regulating sale of, 454. / 
 
 HEAD OF COUNCIL. 
 
 Should sign certificate of census returns, 25. (/) 
 
 Who to be, in cities, 53. 
 
 To issue his warrant for new election where first intcrnipl 
 
 for four days, 118. 
 Declaration as to destruction of ballot papers to be taiien I 
 
 120. 
 To issue warrant f(»r new election to fill vacancies in coimeil,i 
 May expel persons behaving improperly, 175. 
 May be remunerated for services, 175. 
 Remuneration of should not take the form of gratuitjj 
 
 several past years service, 175. (x) 
 Hcmuneratiou should be provided for by by-law, 175. {x) 
 To preside at meetings, 176. 
 May enforce right to preside by law, 176. (d) 
 May summon special meetings, 176. 
 
 May be voted out of the chair for refusing to put motion, 17^ 
 Must summon special meetings when required in writing, 
 Special meetings may be summoned in case of death on 
 
 of, 177. 
 
IAD OF COUNCIL~^Oontl.uecl.) 
 
 iature no powers as to navigation and , hip ■ ^"^of^'^lyy^P^ty ^eeve may jreside 
 
 1327 
 
 ing and maintaining, 354. 
 
 ag, 354. , , I 
 
 controlling, to have same reasonably ht lo, 
 
 lating loading of vessels in, 354. 
 beacons, &c., in, 354. 
 tig Harbour dues, 354. 
 not be exercised for revenue purposes, 354. 
 ting aid for construction, &c., of, 355. 
 jctors necessary, 355. _ . 
 
 Y may take security from person receiving, ,155 
 lating the clearing of, 433. I 
 
 er of Legislation to impose punishment of, %, ^ 
 
 ) IvR Bearing Animam. 
 
 IDLERS. 
 
 using and regulating, 416. 
 
 be, 41o. (o) 
 
 iriding County Treasurers and Clerks withliceni 
 
 t to be remiired from certain persons, 417. 
 ,f terra "Hawkers," 418. 
 
 rkec fees upon, 445. ^. , 
 
 be weighed before sale, unless parties so de 
 
 iiliiting sale of on streets, 454. 
 ulating sale of, 454. 
 
 tificate of census returns, 25. (/) 
 
 cities, 53. *: 1 • , , 
 
 arrant for new election where farst interrnpl 
 
 vs 118. 
 
 bo destruction of ballot papers to be taken btl^ 
 
 it for new election to fill vacancies in council,: 
 ions behaving improperly, 175. 
 erat3d for services, 175. 
 of should not take the form of gratuity] 
 jt years service, 175. (x) ,-, , , 
 
 should be provided for by by-law, 175. (a:) 
 
 neetings, 176. ,-« /j» 
 
 ght to preside by law, 17b. (d) 
 
 jpecial meetings, 176. . ^ , ,. ,,- 
 
 out of the chair for refusing to put motion, II 
 
 special meetings when required in writing, « 
 
 gs may be summoned in case of death or »m 
 
 in case of don fk 
 
 ^'eftth or absence 
 
 Who to be heads of «, '.. '^• 
 
 Duties and ponSs of h""?^'' ^^»- 
 
 Kestriotetl power of hea'd j 70 *'?"«"' 179. 
 
 To nominate one of th^ ' ,1 '^- (') 
 
 Not to be elected unw S^^--^ ^or municipal » 
 
 May administer cer?a „ l^i^^^^"* «f Sbl "'*^"'»*«' i02. 
 
 Must sign by-laws 217 ^'' ^00, 20^'^^^'' «»ade, 193 .rf, 
 
 No action can h« „.,_x ' . ' 
 
 by-l»w8, 
 
 Ao action can be hiic.*„- 1 
 
 217. (a) '"'**'n«d against for refn«- 
 
 Keinedy of iounci] unon , "« ^ ' 
 
 To appoint agents t"!?? ''^1''^^ *» sign bv . 
 
 May'aVintS,tlZt^^^^ ^^^-/-X^-Ws'Jl', ^«^ 
 To sign debentures, 302 ' ^^• 
 
 May be authorized to boi-m 
 
 ,THOFMUIf,CIPAUTIE.S '"'^-"'""ras. 
 
 Heads of councils to com™. ■ 
 
 isa »'»n.umcate i„,„™.„„„ 
 
 s™ I'uBuo He.,.™ """ " •«. 
 
 ^ Cliief constable may be 307 
 iCHOOLS. ' " ' - ' ' 
 
 I By laws for obtaining lauds fnr j 
 
 «'ty, etc., 420. ' '" ^tt^^^^'ing at Toro^ito IJ„- 
 
 f,or granting aid to auk '""^ Univer- 
 
 Kxe,nptedf4„ta^',f^65 
 
 CHOOL TIJUSTKK ' ^^ 
 
 ' mfl 
 
 t , *■' 
 
1328 
 
 INDEX. 
 
 'ill 
 
 BIGB.W AYS— {Continued. ) 
 
 For making regulatious as tn trees, &c. upo.i, 363 
 ^or taking down or altering, foucea upon, 388. 
 For preventing deposit of rubbish, &c. in, 389. 
 Exposure on, of persons h win^; contagious diseases au 
 
 able offence, 389. (yy) 
 By-laws to encourage planting of shade trees on, 392. 
 
 For punishments of persons drunk or disorderly I 
 City councils may prevent auctions in, 415. (/) 
 Public fairs not to oe held in, 421. 
 By-laws to prevent begging or exposure of diseased f 
 
 upon, 423. 
 By-laws to prevent the importuning of travellers upon, 42 
 For removal of snow, ice, and dirt, 431. 
 To prevent the obstructing or fouling of, 433. 
 . Obstruction of, will constitute a nuisiince, 443. (p) 
 By-laws for the removal of door steps &c. , ol)structing, 43;; 
 Rights of user of owner of property adjoining, 435. (a) 
 By-laws for numbering houses and lots on streets, 436. 
 
 For keeping a record of names, numbers of houst 
 
 437. 
 For ascertaining level of cellars etc., 438. 
 For naming atroets and marking boundaries, 437, 
 Changing names of streets to contain certain provii 
 437. 
 
 To be subject to approval of County Jiid;j, 
 Copy of l)y-law8 to be served on Registry 
 published, 4.38. 
 
 : ,, Judge to certify approval of change, ami 
 
 catd to be registered, 438. 
 For compelling plans of cellars, etc. to be dcpositeijj 
 
 officers, 440. 
 For regulating traffic on, 442. 
 For regulating or prohibiting coasting, etc. . 443- 
 For regulating cab stands on streets, etc., 444. 
 .,. Regulation of sales of goods on streets, 447. 
 
 By-laws for preventing and regulating sales by retail on] 
 
 4.54. 
 Powers of county councils in respect to fences on, 466. 
 By-laws for regulating distance apart of runners on sle 
 
 For regulating tires, on wheels, 467. 
 . 1 ;. , For regulating use of steam engines in viciuitrj 
 For imposing penalties on persons violatiuj,' 3iiii 
 sion, 476. 
 Gravel, stone, etc., not to be deposited o.j during sleigli 
 .ft'rii Definition of, 478. 
 
 Roads laid out by Crown surveyor, 478. 
 ' Roads obstructed at one end may bo deemed, 478. («; 
 Not one dosed at both ends, 478. (a) 
 Land becomes highway by (leposit of plan, 478. (a) 
 ." . (j Roads on which public nuneys have been expomled, 4"f' 
 Roads on which statute labour performed, 480. 
 Roads passing through ndian lands, 480. 
 Crown «annot, after dedijation, deprive public of useotj 
 Freehold of, to be in Cvowu, 480. 
 
INDRX. 
 
 ing down or *^erii.g, ie«ce v ggg 
 
 , 389. (yy) . , ,.. trees on, 392. 
 
 ay prevent auctionBiu, 415. (0 
 
 e^ent^ Sis '^exposure of diseased pe™ 
 
 ■movalof 3UOW, ice, '" ^J'f^'Ji of, 433. 
 pvent the obstructinj^ or to"""| " \ 
 ;l\*S.titute a£-oe, ^^^J^) ^^. 
 
 'e removal of door jJ^P^ fe^ 435. (a) 
 
 of owner of Pr^,^;^^^ r"tre'^'' 436. 
 
 437. , 1 • „f ff, annroval of County mJ 
 
 officers, 440. ^2 ' 
 
 r regulating *'^*?", Sting coasting, etc.. 443 
 
 454. ., .„ ^„,„pct to fences on, 466. 
 
 county ^^^r^fZ'^^Y^^rtoi runners onsle^ 
 
 ..t^^^'not to be depctol c, .taring *i^ 
 BtruotoA at "no wiil m»y 
 
 annot, ani-i u ■ 
 
 I of , to be in Crown, 4»u. ^ I 
 
 1329 
 
 mSWAY8-(Continued.) 
 
 Soil of, at common law »<. * i . 
 
 Councils to have jurisdi.Tf-f '" "^"^r of land 4sn / . 
 
 ^ When compants^nmyTbTnT ""* '"«'"^-l. 482 (.-, 
 Road^fo. convenience ^^S^^^^^ '! 
 
 '-"^t^asz^rr-^o. in, .s. r " '""• 
 
 By-laws for -.Sirin^^fc^;- adjoinil. j ^^ 48?. (,) 
 
 oracr,mrin«land froradjo .r"'''''^^'^"^^' ^^^ 
 r ■ 1 i-x ^ "" ^^^^' 485. »"Joinuig owners to widf^n -., i 
 
 Liability of corDoratm,, i widen road 
 
 In Englan,!. oblEon L '^P?*"'' ^S«- 
 
 486. ( ;,) *^**'°^ *" '•^P'^r rests on parishes and 
 Similar common law oblia^f • '"""*'««• 
 
 Duty to repair creaTed W? i" P"*'" ''>- 486 ( .) 
 Question of fact for juTv 1."*^'" **>« 'States 486 ( r.^ 
 486. (p) J"'^>^' "'hetlier place of ^eoa ir /^ 
 
 Corporation liable for nuiBan. r ' ' '^'"""' 
 
 rOorporatkm liable for acts «• 
 1 Needful repairs should h?i..,?'^*"*«' 48«. ( „) 
 Notice of ,/efect may be in 1^'^*'/*; *^*^- (P) 
 When jury may infJrneinf''^'^^''"'" its notorietv4fi« / . 
 Corporatism not 1 able ?f no*^"''\*^^- f?') ^^'^^^'^P) 
 What will be deemed ioSce'?'! *? '"P*'^' 4««- ( /') 
 Specal .lamage must be shel^^//^^*' ^^^ ^ ?» 
 iPefect must be proximate ca^'gV of i?"" ^"'' "^"■'•epair, 494 ln^ 
 IContnh,, ory negligence of traveSe, ^wif '/•^^- ^^'^ ^^^ 
 
 I ^'" '>''»r ««*"»". 494. („) ^"^'' ^^*t constitutes, 494 ,„> 
 
 HnoXirof'lttr^^^ 
 
 Smtatioi: nins fromtj."?;"'^'^; f 6. 
 
 feasuro of .lamages in action fX ^''^ 
 
 ty iJ "''"''•^"^ornon-repair, 497. (r) 
 
 Bill if 
 
 * '1 
 
1330 
 
 INDISX. 
 
 Ii,f»' 
 
 i 
 
 mQHW AYS— (Continued.) 
 
 Under Lord C.iinpbeH'B Act, 497. (>) 
 Corporation not liable for non-repair of private roads, 408. 
 What constitutes adoption of road by corporation, 499. [t) 
 Repairs of crossings etc. , made by leave of corporations in | 
 
 of roada, 500. 
 Corporation to have remedy over, whore uam.ige caused byi 
 
 another party, .')00. 
 Joint jurisdiction of several niunicipulifies over certain rojt 
 508. 
 I) < jS 1 )t include bridge over river between miiL^ci' alit;, 
 6C \ 
 I Vviia u\ a road iiying bet ^t^ecn a county, etc., 508. [h] 
 
 i .sincils must concur in by-laws respecting, 509. 
 .Arh^rators in case of difference, 510. 
 < ■ i ; loster ' powers of Justices in session to county councils, Jii 
 
 Indictmci 'le appropriate remedy against council for nj. 
 , . .1 repair, 5t)7. 
 
 Carrying drains across or along, 574. 
 Municipality not bound to provide lights upon, GOO. 
 By-laws authorizing railways to run over or upon, tJ08. 
 Exempted from taxation, 715. 
 
 County Roads. 
 
 What are county roads, 501. 
 
 County Councils to have jurisdiction over, 501, 50?. (o) 
 
 Boun'iary lines of townships and counties may be uiaintainftjl 
 
 county, 503. 
 Roads assumed by county council to be improved, 503. 
 \Vhat roads to be deemed boundary lines, 506. 
 Boundary lines not assumed by counties to be maintitinejj 
 
 township.s, .lOT. i 
 
 Township boundary lines, also county boundaries, not wj 
 
 by counties, how niaintained, 507. 
 
 Oovertnnent lioads. 
 
 Roads vested in Her Majesty as provincial works, nut tol 
 
 interfered with, 511. 
 Lieutenant-Uovernor nuiy declare such roads no longer unJeil 
 
 control of the Commissioner of Public Works, !)l]. 
 
 Commissioner not to levy tolls on such roads tliereafter.J 
 Roadh on Dominion lands not to be interfered witli, ;i\'l 
 By-liw 8 interfering with certain Oomiaion lands and nwbJ 
 
 unless consented to by Dominion, 512. 
 
 Width of Roads. 
 
 Width of roads not less than 60, nor above 100 feet. 514. 
 Width may be less with consent of council, 514. 
 
 Opining, closing, altering, etc., mads. 
 
 Roads necessary to ingress or egress not to be closed, h\l 
 Limitations of power to close up highways, 513. (x) 
 Other roads must be provided, or compensation given, 5RJ 
 How closed at common law, 515. (b) 
 Non-user of highway does not destroy its character, 515. 
 
 i 
 
 "^«**^ 
 

 namubell'B Act, 497. l»). , 
 
 STr nou-repair of private roa«U 498 
 adoption of road by corporation, 499. (t) 
 agietc! made by leave of cc.rporat.ouH m bd 
 
 IVo remedy over, where urvratge caused bj«, 
 
 k^'o^^everal municipalifies over certain roiJ 
 
 ilude bridge over river between mm. ^ci ,li^j 
 
 W iying between a county, etc. ^08. (h) 
 rconcur in by-laws respecting, 509. 
 in case of difference, 510. 
 e"s of Justices in session to county councikJI 
 appropriate remedy against council for ,^ 
 
 across or along, 574. 
 ,t bound to provide lights upon, (,00. 
 i.ing railways to run over or upon, t,0«. 
 
 taxation, 715. , 
 
 iJt;rhtve'hi^B<Uction over. 501, 50?. (o) 
 of townships and counties may be mamtaindj 
 
 \y county council to be i<nFov««l' ^03' 
 be deemed boundary lines, 50b. , 
 
 9 net assumed by counties to be maint:«ned| 
 
 ulary lines, also county boundaries, ..ot m 
 >3, how maintained, 507. 
 
 in Her Majesty as provincial works, n(,t tol 
 
 .vT^nior may declare such roads no longer umlal 
 the ComSssioner of Public Works r.U. I 
 oner not to levy tolls on such roads tUereafki 
 Pinion lands not to be interfered with, 51''. 
 [eriucr with certain Dominion lands and worki 
 iiaented to by Dominion, 512. 
 
 ds not less than 60, nor above 100 feet. 514. 
 ,e less with consent of council, &I4. 
 altering, etc., roails. 
 
 ary to ingress or egress not to be closed, 513 
 ,f power to close up highways, 513. (x) 
 liust be provided, or compensation given, .)!( 
 Lt common law, 515. (b) ' 
 
 highwS does not destroy its character, 515. 
 
 INDBX. 
 
 hmmy AY8~{Continued. ' ^^^^ 
 
 xVo by-laws affecting publj ^oA * . 
 
 As to by-laws a]rr'ul„ ,. j i""percy to 5^ 
 
 Claims for c..mp;"«at,ortrn''"''"T ^°'' '^"^ taken 521 
 
 consequential tlam- 
 (o) 
 
 ^^ ages in chang g^vTl oU? "'i* "'^'^'- - ^- 
 If power exercised nm kio ,«i *''^^*'' ^^l. (a) 
 Bylaws for removiZ K« ?/• ^''^^^^i^^ront 521. ,„) 
 By-laws for estab:!^, 1 n^ *•'' ^'•"'"' ''''25. ' ' 
 
 , lan<l8,625. ""''^' "I'^n^'fe'- «tc., roads across r^il 
 Hy-laws for making reculition . "^ 
 
 Bylaws for repair ^of cSntyrui: n t'T''^' l^^-^-''^ 526 
 Corporations opening road aiwt;" '"'='''^'^""'«'PaHtie8 g^ 
 
 true position, 532. (^ ""'"""'«* l^« correct as to their 
 
 By-laws for stoi,niiic,,,ni„ • •« w tneir 
 
 sold, etc., by townsJiin , "amlets may be 8tn««» 1 
 
 When village is ^rtl^inXh "';?'«' ^•*^- ^'^ "^' 
 
 1 7Wk ^ °^ *"'" towushipB, r.44. 
 
 Bylaws for raising money by tolls ^o« 
 For granting right to taki,T26 ' ^• 
 
 Act exempting certain vehicles hnr« 
 
 turnpike roads, 998. '* ^""^^ »"'» cattle from toil, on 
 
 hmber, Stone, etc., on Jfoad Aih^oance*. 
 
 Bylaws to preserve and sell H„ k 
 
 ancfc 4r7 " timber, trees »♦,. 
 
 K.ght of Crown to sell timber on road .lln., 
 KrcSKlf S^" *« -^ -d bridge comp..ie.. 527. 
 
 
1333 
 
 INDRX. 
 
 fii 
 
 HIGHWAYS— (CoM^iHwerf.) 
 TcMinj Materials. 
 
 By-lnws to soloct ami tiiku inatorinl for roads, oto., 528. 
 Cutiiponnation to ho givuii for auoh matoriala, R20. 
 SeUinij lload. AUoivancnn, 
 
 By-laws for Htoppin^ up ami selling road allownuco, 629. 
 Whuiia puhliu road has been oponed through private propi 
 
 529. (wi) 
 Snlo not nuuuss.iry for oxtinction of public oasoraont, 529. [jn 
 VVhun road HubHtitutcd for original allowance coinpcnaatior 
 
 person whoso land taken, owning adjoining original tda,] 
 Conveying former road allowunuca, 530. 
 Quii're, whether more loeateoH of Crown entitled to road alli 
 
 Jineo, .'(30. (n) 
 ( 'oiupensatioii to p.irty whoso land is taken who does not u 
 
 land uiljoining original road, 531. 
 
 Ponneasum of Unopened Road Allowance. 
 
 Person in possession of original allowance for road, legally pdj 
 
 sed till hy-law passed for opening same, 531. 
 Notioe of such hy-law to be given, 532. 
 
 A id in Makimj liodda and liridyen. • 
 
 By-laws to aid adjoining nuinioipality to open roads, 533. 
 
 To aid counties in making now roads and bridges, 533, 
 Aid may bo by loan or otherwise^ 5.33. 
 
 Joint fVorki with other Municipalitieit. \ 
 
 l?y-lawH to enter on joint work with other inunicipa)iti«8, , 
 
 Repairs of Township Roads. 
 
 Knforcemeut of repairs, 5.34. 
 (\)unty councils may enforce repairs, 534. 
 Powers of county councils, ."jUS. 
 Wardens to be arbitrators, 536. 
 Meeting of wardens, 5;{7. 
 Ifow convened, 637. 
 Matters to be determined, 537. , .i 
 
 Mineral Rifjhtson Roads, 
 
 Sale r)f mincrnl rijjhts under roivls, 6.37. 
 night of Crown to all mines of gold and silver, .357. (m) 
 ' No sale until after notice, 538. 
 '■ Sale not to interfere with public travel, 538. 
 
 Openimj, Closimj, Etc. 
 
 By-laws for 8topi)ing up and disposing of original road allow 
 .')39. 
 J'\)r oi)ening roads etc., between several municipalitiai| 
 
 Aid in makimj Roads and Brid<jt.s, 
 
 By-laws for aiding local municipalities in making 
 bridges, ,')4!. 
 For guaranteeing debentures of local municipalities, 94l,| 
 
 County Roads. 
 
 By-laws for abandoning or otherwise disposing of tolii 
 counties, 541. 
 
INDEX. 
 
 1333 
 
 INOBX- 
 
 1 -ilnwanco, 629. 
 
 who does not inni 
 
 »crc looateca 
 
 !,.rty whose land U takou 
 JgSgin"^^ road. 531. 
 
 ,,,i Koaci ^1««";» \^^;,^„co for road, legally I.« 
 
 ;'^aw to be given, 532. 
 
 /< (t;ui Brid(J<^'^- e„ roads, 533. 
 
 'tn^'S£^i-.533. 
 ronioi"twovkvri^ 
 
 Ir.lcu^, 53.. ,, > 
 
 teucd, 5'37. ., ' 
 
 l,\eUim)ned, 8J<- 
 
 fc:.rr»SpubUo travel, 538. 
 541. 
 
 ^i(i in making lioada ntul Bridget, 
 
 By-lawB for aiding adjoining county in making roads, etc., 642. 
 
 Tree*. 
 
 ny-lawa ordering trues to bo cut down on each side of » road, 643 • 
 footpaths, 
 
 By-lawa for setting apart portion of highway for footpath, 644. 
 TravdliiiH upon highways and bridgea. 
 
 Act to regulate travelling on public highways and bridges, 996. 
 Ad to regulate iine t)/ traction engines on highwaifs. 
 Traction engines may bo used on higliways, 1013. 
 Weiglit of engine, 1013. 
 Speed, 1013. 
 Width of wheels, 1013. 
 
 Act to regulate travelling on highways toa])ply, 1014. 
 PersonH incliaij^'e of eiigiue to stop and assist horsemen, etc., in 
 
 passing it, 1014. 
 Lights to be carried by engines after dark, 1014. 
 Messenger to be sent in atlvanco of en^'inc running through cities 
 
 audtov/ns, 1014. 
 'I'raction er.gines may be excluded from certain streets, 1014. 
 Engines n' t to be prevented altogether from running through 
 
 municpality, 1014. 
 Persons ru ining engines to strengthen bridges and cuWorts, 1016. 
 
 Owneis of different engines to contribute, 1016. 
 Special pr< visions as to toll roads, 1015. 
 Nhoticc of intention to run engine over toll road, 1015. 
 Owners of tell roads to strengthen bridges, etc., 1016. 
 If owners of toll road in default, owners of engines may strength- 
 en bridgjs, etc., 1015. 
 Necessary work on toll roads to be satisfactory to engineer, 1015. 
 Owners of toll roads may levy tolls on engines, 1015. 
 
 Arbitration in case of disagreement as to tolls, 1016. 
 Citllection of tolls from owners of engines, 1016. 
 Penalties, 1016. 
 
 Enforcement of penalties, 1016. ' ■-■" '.' 
 
 Application of fines, 1016. 
 Fiuo not to bar recovery of damages, 1017. 
 Certain provisions to apply to traction engine companies, 1017. 
 Se,e. Local Imi'Rovemknts— Railways -Snow Fkncis— Snow 
 Roads— Toll Roads. 
 
 — AUolitiou of market fees upon, 446. 
 ESTEAI). 
 
 Where father and son reside upon, right of either to vote, 73. 
 
 By-law for regulating or preventing blowing of, 401. 
 RACING. 
 
 By-law.s for prevention of, 396. 
 
 Not always illegal, 396. (/>) ; " 
 
 «SVe HlUHWAYH. 
 
 ■•;., a, 
 
 vli 
 
 ..l.'i ,1 
 
 f M 
 
I i 
 
 1334 
 HO !SE8. 
 
 INDRX. 
 
 Police Couiniiuinnera to Uoenae owner* of when used fg 
 
 32A. 
 Dooniotl to Im] cattle fur certain purposea, 38fi. 
 Kvlawa for prevuiiting riding or driving on aidewalks, 42; 
 Inarket fuca upon, 447. 
 *^ By-lawa for regulating and lioenaing when iiept for hire, 41 
 8ee DoMKMTiC! Animaus. 
 
 HOKSE THIKVKS. 
 
 Hy-luwa for lowarda for approhenalon of, 413. 
 
 Howard for appruhunaion of payable on cunviotion, 413, a\ 
 
 Certain puraons not untitled to rowarda for oaptnring, 414 
 
 HOKTICULTIJKAL SOCIKTI EH. 
 
 By-lawH for aiding, 355. 
 
 FropuiLy of, exempt from taxation, 716. 
 
 HOSPITATA ' ' 
 
 By-lawa for rt-gulating ugreas from, 360. 
 Exempted from taxation, 715. 
 
 Sue Public Bifii.DiN«8--PuBLi(j HRA[;ni — VACTiNATro* 
 HOTEL-KEEPER. 
 
 Dis4iualifled for election to municipal council, 62. 
 Tranafer of lioenae by, effect of upon diaqualification, 62. k 
 See LigdoK Licrnheh. 
 
 HOTELS. 
 
 Election not to be held in, where lioenaed to aell liquor 8| 
 Eloctiona held in, invalidated, 81. (q) ' j 
 
 By-lawa for securing agaiuat accidents by Bre, 413. 
 
 To prevent the importuning of travellera by ageiittoj 
 .SVe LiguuK Lu;knhe.s. 
 
 HOUNDS— .SV*- Came and Fur-heakino Animals. 
 
 HOUSEHOLIJKK.— .9e«; Elkotions. . 
 
 HOUSE OF CORKKCTION. 
 
 Keeper di8<iualified for election to munioipal ottice, 61 
 County council may poaa by-law for erection of, ,334. 
 In city or town not separated from the county, 335. 
 ' May be erected by city council, 335. 
 Who may ))e aent to, 339. 
 May be erected by cities and towns, 339. 
 Gaola to be used in counties until aeparate place erectai, 
 
 HOUSE OF INDUSTRY. 
 
 County council may pass by-law for erection of, 3.34. 
 May be erected by city counci!, 335. 
 Who may be aent to, 339. 
 
 Municipalities may acquire land and appoint otKcersetcJ 
 Powera of contiguoua municipalities as to, 3.37. 
 Application of earnings in auoh case, 338. 
 Appliuuvion of provisiona respecting, to local muuicip 
 By-laws for appointing tnapeotors of, 415. 
 
INDIX. 
 
 1335 
 
 iNOR't- 
 
 to Uoenw owner. 
 
 of when uwiHortiij 
 385. 
 
 lere 
 [em 
 
 ;,t from taxation, 
 
 gulati«g.egrc-f-'«''''- 
 
 fu taxation, 7»5^ ^^^ HKAt;ru-VAC(nsAt.«y| 
 
 ,'rilru«*>A8!-\?K„9re,4l3. 
 
 Ihousrs. 
 
 Ity-liiwit for <lHrni)lition of iii oaac of Are, 430. 
 Fur niiinhurtng of, 4HH. 
 
 lOUSBS OF PURMC KNTKRTAINMRNT. 
 
 Klootion not to hu lioM in, wheru licensed to lell liquon, 81. 
 
 JOUSKf^ OF ILL-F^MK.— S*!*- Bawdy Houskh. 
 
 lOUSKS OF UKFUdK. 
 
 Munioipalitioa may nc<|uire Ininl aixl appoint otFioere eto., for, 337. 
 Powers of uontigiioiiH municipalities as to, 3.37. 
 Persons sent to may be reqiiirud to work, 337. 
 
 Application of earnings, .338. 
 Appliui^tion of provisions rospuoting, to local municipalities, 338. 
 Ry-lawa for estal>lishing and aiding, 402. 
 S^f McMnni'Ai- Amknumbnt Aot. 
 
 iuCKSTKI^S -By-laws for regulating purchases by on markets, 467. 
 See If AWiCKH.s and I^kodlkkh. 
 
 L^"p[^(j,— ,<>>« (]AMR AND FUK-BKARINa AnIMALS. 
 
 fDRAN'l'^ -By-laws for renting and purchasing, 366. 
 
 to municipal oftice. 61 
 . . Jfor erection of , 334. 
 
 t>«»«*om*.e"«"'V,335. 
 
 erecU'i 
 
 
 Ion 
 
 Ion of pro 
 
 lor a 
 
 -s;:S^u;&^-*'^ 
 
 By laws for removal of, 431. 
 
 Liability of owner or occupant for removal of, 431. (m> 
 
 Corporation liable for injuries caused by. 486. (p) 
 
 [,EOAL UV-LAWS— .SV,« By-laws. 
 
 LEGAL SALES.— 5e« Liquor L1CES.SIW. 
 
 MOKALri'V.— ^'«'' I'UBLIC MUUAL8. 
 
 ?EHS0NATION. 
 
 Imitersonatioa of voters, penalty for, 1136. 
 
 ?11IS0NMENT. 
 
 DisturlMsrs of the peace at elei^tions may be punished by, 83. 
 Certain offences at elections punishable by, 124. 
 Violation of secrecy of proceedings punishable by, 125. 
 Pernou violating secrecy of voting on by daws to be liable to, 234. 
 May bu orderediu default of payment of penaltie8,>3ll. 
 lu default of sufficient distress for penalties, 31,3. ".'.Vl^'^^ 
 Bylaws for inflicting, in default of payment of penalty, 362. 
 See Gaoiji— HoL'.Hh- ok Imdustry — Uousk of Curueotion — 
 Pknaltiks— V* •RK-H0U.SK8. 
 
 lOVEMENTS.— »?e? AssESSMKNT — Local Improvements. 
 
 }ME. 
 
 Elector may vote in respect of, 69. 
 
 Right to vote upon, 72. 
 
 Non-payment of taxes disentitles, 74. 
 
 #ilr 
 
 
1336 
 
 INDKX. 
 
 m 
 
 
 I 
 
 INCOME— (Con/inwed.) .^,t 
 
 Form of oath for, at electiona, 86. 
 May be excluded from list prepared by clerk if in default 
 taxes, 100. 
 
 See ASSEHSHENT. 
 
 INCORPORATED VILLAGES. 
 
 Incorporation and first election in, etc., 16. 
 Annexation of to adjacent village, town, or city, 27. 
 Council of, how composed, 55. j 
 
 Reeve to be the head, 179. 
 
 Publication of annual financial statement of, 194. 
 Reeves in, to be ez officio Justices of the Peace, 308. , 
 See PoLiOB Villages — ViLLAOEd. 
 
 INDECENCY. 
 
 By-laws for preventing posting of indecent placards etc., .394. 
 Misdeincauor to procure indecent prints for publication, 394, 
 By-laws for preventing obscene language, 396. 
 
 For suppressing houses of ill-fame, 39.5. 
 
 For preventing exposure of the person, 395. 
 
 For regulating or preventing bathing, 397. 
 What have been deemed acts of indecency, .^97. (r) 
 
 INDIANS. — Not disqualified for municipal ofiice, 62. (h) 
 See MANHoon Sttfkkaoe— Vaccination. 
 
 INDIAN LANDS.— When exempt from taxation, 712, 713. (/) 
 
 INDIAN RKSERVES.— Roads passing through to be highways, 48fl, 
 
 INDIGENT PERSONS. 
 
 May be sent to work-housfl etc., 339. ' 
 
 By-laws for aiding in maintenance of, 358. 
 
 INDUSTRIAL EXHIHITION. 
 
 License not to be granted for sale of liquor at, 903. 
 
 INDUSTRIAL FARMS. 
 
 Municipalities may acquire land and appoint officers etc iJ 
 
 337, 338. 
 Persons sent to may be compelled to work, 337. 
 Appropriation of money earned, 337. 
 Purpose of eatabliahment of, 337. (n) 
 Application of provisions respecting to local municipalitiei. ] 
 VVho may be sent to. 339. 
 ' By-laws to procure ])roperty for, 4(51. 
 
 For erection of buildings thereon, 461. 
 
 For management of, 4()I. 
 Almshouses may be built upon, 462. 
 
 Exempted from taxation, 716. 
 
 INEBRIATE ASYLUMS. 
 
 May bo establibhcd in cities with 50,000 inbabitaats, 340, 
 Committal of habitual drunkards to, 340. 
 Certain provisions to be applicable to, 340. 
 
 INEBRIATES— 6V<' Liquor Licenses. 
 
INDEX. 
 
 1337 
 
 INDBX. 
 
 ■lections, 86. ,^ j{ in defwU «|| 
 
 „ list prepared by cier 
 
 FS 
 
 poseti, 56. 
 
 1 «I?i,*.ial statement of, IM- 
 
 ,1 financial bk* Peace, 308. , 
 
 fficio Justices of the rtac 
 
 rAGES-VllXAOES. 
 
 « ;»,.1pcent placards etc.. 394. 
 i„R posting of >»;Sor p"blic»*i«"' 394. 
 cure indecent P^in^^ J"^4 , 
 
 1 for municipal office, 62. (») " 
 ed for muiu ^ ^^Tiow. 
 
 ^nt from taxation, 712, 713. (0 
 I exempt iroiu 
 
 «.,throuKhtobelughway8,480, 
 .oads passing throufeu 
 
 ' " i ' ■ 
 
 ■;Sa for -le «'«<.- »'■«»'■ 
 
 L accuire la».l «* 'LP"-' »«"''• *' 
 
 L be comveUeJ W "«* ^^^'■ 
 [noMJ earned. 33T- 
 
 U property for, 4»i- 
 
 If ^buildings thereon. 461. 
 
 Lnt of, 461. 
 
 le built upon. 462. 
 
 Im taxation, 710. 
 
 I in cities with 50.000 inhabitant., 340. 
 
 iftual drunkardj \o 340. 
 1 to be applicable to. iw. 
 
 Lr LICBN8B8. 
 
 INFANTS. 
 
 DisqualiBed for membership in municipal council, 56. 
 Title may be acquired by corpor.ition to lands of, 372. 
 
 Act for the protection of Infant Children. 
 
 Restrictions as to receiving children to be nursed for hire, 1078. 
 
 Councils to keep register of houses where infants nursed for hire, 
 1078. 
 
 Councils to mnke by-laws for regulation of such houses, 1078. 
 
 Receiving infants in contravention of Act, 1078. 
 
 When council may refuse to register house, 1078. 
 
 Person receiving children to keep register, 1079. 
 
 Register to be open to inspection, 1079. 
 
 Forms for registration to be supplied to persons registered as 
 receiving infants, 1079. 
 
 What may be deemed offences against provisions as to registra- 
 tion, etc., 1079. 
 
 When names of persons may be removed from muuicipal register, 
 1079. 
 
 Persons registered to give notice to coroner of death of infanta, 
 1079. 
 
 When coroner shall hold an inquest, 1079. 
 
 Neglect to give notice of death of infant, 1080. 
 
 Councils to provide for inspection of houses registered, 1080. 
 
 Penalties, 1080. 
 
 Municipality to bear expenses of enforcing Act, 1080. 
 
 Act not to apply to certain persons and institutions, 1081. 
 
 Form of register of infants, 1081. 
 See Children — Minors. 
 
 ^FKCTIOUS DISE ASKS.— .S>c CoNTAGiou.s Diseases. * 
 
 ^FORMERS. 
 
 Effect of penalties formerly going to, 312. (A) 
 
 When one moiety of penalty to go to, 314 
 
 To be competent witnesses, 316. (r) .? ; i j , .• 
 
 ^HABITANT. 
 
 Mere colourable residence will not constitute, 194. (7") 
 Distinjiuished from ratepayer, 194. {j) 
 A resident of munioipality, 194. ( /) 
 
 UN KEEPER. 
 
 Meaning of term in relation to diB(|uali6cation for municip.il 
 nfSce, 62. (o) 
 See Liquor License.s. 
 
 KS—iSV'€ Lquor Licenses. • ' 
 
 IOCULATION—5'^c Vaccination. ' '" /, . , , , 
 
 |[QUESTS-A'e« Infants. i ,. ,, ' • 
 
 )ANE— Bylaws for support of destitute insane, 470. ,1 
 
 SOLVENCY— Seat in council vacated by, 129. .'• ,( : • ' 
 
 168 
 
 m 
 
 
 mh\ 
 
 )•! , ' '! I 
 
 
1338 
 
 INDKX. 
 
 INSPECTION OF BALLOT PAPERS. 
 
 Only to take place ou order of Court or Jadge when neceutr. 
 
 for certain purposes, 120. 
 Order may be made subject to conditions, 120. 
 
 INSPECTION OF FOOD— By-laws providing for, 405. 
 
 See PoBLio Hkaltu. • 
 
 INSPECTOR. 
 
 May be appointed for industrial farm, etc. , 337. 
 Duties of, 3.SS. 
 
 See Oamk Inspector— Noxiops Wbfos. 
 
 INSPECTOR OF LICENSES. 
 
 Disqualified for election to municipal council, 62. 
 See Liquor Licenses. 
 
 INSPECTOR OF PRISONS. 
 
 May compel county council to repair gaol, 334. (a) 
 Salaries of gaolers to be subject to revision by, 341. 
 
 INST.4LMENTS. 
 
 By-law may make debts repayable by, 259. 
 VVhat by-law shall set out in such case, 259. 
 
 INSULTING LANGUA(iE.— By-laws for suppression of, 395. 
 INSURANCE. 
 
 May be effected by corporation having interest in county baiH 
 inga, 343. ^^ 
 
 INTELLIGENCE OFFICES. 
 
 By-Iawa for licensing, 460. 
 For regulating. 460. 
 For limiting duration oi licenses, 460. 
 F'or fixin^^ the fees for licenses for, 460. 
 For prohibiting when unlicensed, 460. 
 
 INTERMENTS. 
 
 By-laws to regulate, 424. 
 
 May prohibit interment in partiouUr cemetery, 424. (a) 
 See CkmktkriK)*. 
 
 INTERRUPTION OF ELKOTION—?*? Elections. 
 
 INTiMIDATION-.S-ee KLKcrioNs. 
 
 INTKRPRKTATJON. 
 
 " As may be just," meaning of, 34. (») 
 
 " Board," 1027. 
 
 " Bridge," 9. 
 
 •' Canada Temperance .Act." 893. 
 
 ••Council," 8, 1005. 
 
 " County Council," 706. 
 
 •• County town," 9. 
 
 •' District," 1027. 
 
 •• Election." 74. 
 
 i 
 
 Pi 
 
 w 
 
 ••x 
 
INDKX. 
 
 PAPERS. 
 
 on ortler of Court or Jadge when neceinh 
 hposes, 120. 
 [e subject to conditions, 120. 
 
 -By-laws providing for, 405. 
 
 lEALTII. 
 
 for industrial farm, etc., 337. 
 
 Ipector — Noxious Wkfos. 
 
 JSES. 
 
 [ection to municipal council, 62. 
 
 iICKNSES. 
 
 S. 
 ty council to repair gaol, 334. (a) 
 s to be subject to revision by, 341. 
 
 e debts repayable by, 259. 
 11 set out in such case, 259. 
 
 IE. — By-laws for suppression of, 395. 
 
 )y corporation having interest in county bail 
 
 JES. 
 
 sing, 4fi0. 1 I 
 
 iig. 460. 
 
 duration of licenses, 460. 
 le fees for licenses for, 460. 
 ing when unlicensed, 460. 
 
 ite, 424. 
 
 Bfinent in particular cetnetery, 424. (a) 
 
 ; LECTION -.S>f Elections. 
 
 LK«rriu5.H. 
 
 b," meaning of, 34. (»') 
 
 ranee .\ct. " 893. 
 
 05. 
 
 1," 706. 
 
 '9. 
 
 u 
 
 INTERPRETATION-/!^. ,. 
 
 "filecto«..'V '*""** 
 
 UTDEX. 
 
 1339 
 
 *armer'«aoii,"73 
 
 "Health district," 1027 
 "Highway," 9 i^nK- 
 
 ;;ln8pector,"893. 
 
 ;■ Lio.„,„ dirtriJ^fl™™' ".II," 708 
 
 •ii«.M0bywhol«,5e«8» 
 ijiquor, ' 892. "**'» o»2. 
 
 I'iquors,"892. 
 Liatof voter* " 7o« 
 
 "S.Si5;^?l;*3^;8, 706. : .' 
 
 "Next day," 9 '' '0^- 1005. . 
 
 "Nonresident 'land") no, 
 Notice," i 005 ' '^21. 
 
 ''2S'^7!r*r''''^099. 
 
 wwner, 74, jQgy 
 
 -l-rr,' «"«'". "707. 
 
 << 
 << 
 
 <( 
 
 
 II 
 i( 
 
 II 
 
 *««onai iUstat., „„ 
 
 Personal property, ..707 
 ^'^oll">g sub- jivisfo,, f.^J- - 
 Property." 706. "' *»3. 
 Railway," 1005. 
 
 „R»'>^ay Company,.. J005 
 lie* estate," J 7J^ ^005. 
 
 "WP'T'^^'"».706. 
 ::Kesi,leuU,„ds,l02l. 
 
 ;;Hhoph<^en,o,"8»2. 
 
 "Son;." 7.3. 
 "Street," 10L7. 
 •'Tavern license, " «<»•> 
 ;; Team. ",000.'' ^^- 
 
 ..5-^i{;P«nt.,"893. > 
 
 ::£Tt;^-;f. 706. 
 
 ;; Treasurer," 848. 
 Vinage-706. 
 V\ftr.r,'706. 
 ♦Varden, " 848 
 
 "^'hoWle license," 892. 
 
 •1 T 
 
 •^1 
 
 MlfVLf-ii 
 

 '.5 
 
 'T/ 
 
 > 
 
 I 
 
 
 ii. 
 
 ^HT; 
 
 ;.j; 
 
 rjt-nt- 
 
 ■ ..,y 
 
 ^U'^K ■ '^ i^ 
 
 ^R ^ 
 
 
 ;&■■ 
 
 ■.:- 
 
 !s;;^.:<a|NS 
 
 I ''1 
 
 ^^i> 
 
 *! 
 
 
 i^ii^ 
 
 !•' 
 
 1340 
 
 INDEX. 
 
 INTERPRETATION- (Conrtnucd. ) 
 
 See Assessment— Ffanohise — Line Fences— Liqcor 
 CKNSKS — Public Health— Shops — Toll hok^ 
 Voters' Lists. 
 
 INTOXICATING LIQUORS. 
 
 By-laws for preventing sale or gift to minors, etc. , 394, 
 Express authority required for such a by-law, 394. («') 
 See Liquor Licenses. 
 
 INVESTIGATION. 
 
 May be held by County Judge as to charges against offictn, iu 
 Powers of Judge in such cases, 347. 0*.) 
 See Finances. 
 
 INVESTMENTS. 
 
 May be made of surplus moneys with consent of Lieuteiiiiii 
 Governor, 284. . ™" 
 
 Of surplus from municipalities fund, 285. 
 Why amount of advances restricted, 286. (n) 
 Members of municipal corporations not to be parties to, 287 
 
 ISSUES. 
 
 May be directed to try questions of fact in proceediDg to . 
 
 aside election, 147. 
 Form of order for, 147. (y) 
 
 JOINT-OWNERS— Hating of, to be ecjually divided, 74. 
 
 JUU(;E.S. 
 
 Appointed by (iovernor-General, 41. (c) 
 Disqualified for election to municipal office, 61. 
 Exempt from serving in municipal office, 66. 
 See County Judoe. 
 
 JUDICIAL DAYS. —Sundays etc., not to be deemed, 127. 
 
 JUNIOR COUNTY. 
 
 Inhabitants of to bu a body corporate, 14. 
 
 How formed into provisional county, 38i 
 
 Reeves and Doputy-reeves of ex officio members of pmiiiM 
 
 council, 38. {() 
 To be charged with juat proportion of debts, upon di8Bolutioii 
 
 Union, .39. ^ 
 
 Final separation of from union county, 41. 
 Officers, etc., of continued upon separation, 4*2. 
 Separation of, not to affect pending actions, 43. 
 Where courts to Im* held in, 45. 
 How provisional council of, composed, 55. 
 Who to be collectors in, ^91. 
 How moneys collected in, to be disposed of, 191. 
 Provision for gaol etc., in,, on separation, 342. 
 
 See A.S8K.S8MEriT. 
 
INDEX. 
 
 ontinued.) 
 
 ENT— Fpanohise— Link Pbnceb— Liquor l, , 
 -Public Health— Shops — Toll Ro^bj^ 
 Lists. ' 
 
 )RS. 
 
 nting sale or gift to minom, etc. , 394. 
 
 ' required for such a by-law, 394. (») 
 
 ilCENSES. 
 
 bounty Judge as to charges against offic«n,34( 
 in such cases, 347. (j.) 
 
 surplus moneys with consent of lieutenaoJ 
 14. 
 
 nunicipalities fund, 285. 
 advauccs restricted, 286. (n) 
 icipal corporations not to be parties to, 287, 
 
 to try questions of fact in proceeding to i 
 a, 147. 
 r, 147. (y) 
 
 [ig of, to be eijually divided, 74. 
 
 )veruor-Gencral, 41. (c) 
 ilection to municipal office, 61. 
 •ving in municipal office, 66. 
 
 JUDOB. 
 
 idaya etc., not to be deemed, 127. 
 
 ) bo a body corporate, 14. 
 
 provisional county, 38k 
 uty-reevea of ex officio members of provjijoi 
 
 •ith juat proportion of debts, upon dissoluti 
 
 of from union coun*-y, 41. 
 continued upon separation, \1. 
 lot to afTect pending actions, 43. 
 
 1 b«» held in, 45. 
 I council of, composed, 55. 
 ctors in, 191. 
 
 llected in, to be disposed of, 191. 
 ol etc., iPf on separation, 342. 
 kiEriT. 
 
 INDEX. 
 
 [junior municipautf. ^^*^ 
 
 SoreUlt^'TonTft^'^'-de 
 
 Senior "nunicipalityTay S^kn *''t^"''«*'«»°4j ^ °"' ^'^' 
 aeparation. for reU 012^1 *°*'«'P»tory appropriation on 
 
 uNioR Toyvn. 
 
 Adjustment of debts «<•« «« 
 mm TOWNSHIP ' "' "^"" '"^-^"^- oi union, 34. 
 
 ^^^Te^^rSr^,-^^^^^^^^^^^^ 
 
 County council to appoint place" for^h'IT-^ '"""•«'P»Hty 32 
 separation, 79. *^ P'*«« f"'' holdmg first ilectfon after 
 
 TK SHOPS. 
 
 Police commissioners to lip#>,.»„ 
 
 By-l,w, for ,«,„,„^. :° ^4°»; -fg'S'"'' '" cities, 324. 
 URISDICTION. ' " " 
 
 Of councils and officers in n«^» 
 
 AV.'. McNrciPArCoS!^ '"""•«P»lities.49. 
 JROJIS. 
 m Certain persons liahJp *•« nK„ii 
 
 ! See FiRK CoMPANiRs. 
 
 pSnCEOFTJlE PKACE. 
 
 Ai.pointmont of in provisionaleonntv .11 
 
 May swear m sneciiil f>nn<.*„n '>♦ ■*^- - ' 
 
 May «."«nK.riIy' t,y dSr;^^^^^ «'«'«'>„«, 83. 
 
 Declaration to be made bef^Tre Jt K^V* '^'^"■««'«. 83 
 
 ay a.lm,mHter certain oaths? 2W '" "^ ''''^'' l'«t 115. 
 M;iy take declaration.s of ofn,.\ 1 
 Hea.is of ..<,„„ci]a an.l Reeves'' h! . '^"*'''^''^ti«'", 200. 
 
 .'urisuietion, 308 *"" '^"^ ''J'A'''«. 308. 
 
 Alden.ien to be, f„r eities, 30«) 
 .Mayor-s to iave certain iurisd'i,.H„n i 
 
 •»%'i8trate, 309. '' '"'''"^"''" where there is no noHn« 
 Certain oHic-.rs not reouired to . ^ ^ 
 
 before acting. SOo!*" '" '*^« <«*th». or have qualification 
 Mayor cannot act where ther., • " ""ncation 
 
 m (.) "-« •« a police magistrate acting 
 
 u li.it places ent t ed to n,.\i . "^"ug, 
 
 Why property ..uaHt eat.S .? '"'*«'«t''''^t«. ^ (d) 
 J-isdiction .ff in.Std rSS ^'.'^O^- i/) 
 
 H.oe n...uristrato. 310. '''*"' ^^''^'^^^ vvhero there is no 
 '""'ts of authority of .Justices 110 ,u 
 Jurisdiction i„ cases under bJ in ^^1 
 
 provide.l for, Hio. '"'^^'^ ''>^-''^«'« ^here cases not speoially- 
 teoovery of penalties by summa-x, • P'-uaily 
 
 May compel persons to att^ 73 ^f'^^'^^V'" »>efore, 311 
 
 bylaw, 3J6. (,-) "'"•^ *"^^ «»vo evidence in case, under 
 
 ^" tell 
 
I 
 
 i 
 
 i 
 
 ^f 
 I 
 
 ^ 
 
 .i.i 
 
 i? 
 
 1342 
 
 INDEX. 
 
 JUSTICE OF THE PEACE— (Co»r»HM«d.) 
 
 Recovery of penalties and summary conviction before, iq gei^ 
 villages,, 6 19. "^^ 
 
 Reeves in districts, to be, 1218. 
 
 See Liquor Licensbs — Pouo> Maoistraiks — Pp,^ , 
 
 LABOURERS. 
 
 By-laws for licensing and regulating intelligence offices for 
 
 LADDERS. 
 
 By-la ivs to cotnpel owners and occupants of houues to have 490 
 To be provided by proprietors of houses in police village, {Jj ' 
 
 LANDLORD. — How assessed where tenants occupy premises, 76, (u) 
 
 LANDS. 
 
 Defined for purposes of Municipal Act, 9. 
 
 Used for farming puiposes may be excluded from area of Utn 
 
 or village, 20. 
 May be acquired by provisional council for county buildinm % 
 Power to acquire contined to necessary puritoses, ;^!). (tp) ' ' 
 Cannot be exempted from taxation apart from buildltiL's thonw. 
 
 277. (a) ^ "** 
 
 May h<i acquired in cities, by counties for purposes n; court! 
 
 house, 33S. 
 May be acquired by councils for industrial fcrins, ,137, 338. 
 By-laws for i;Xf)rojiruitioi!i of for draina^i', etc., .lAi). 
 
 For acquiring for parks, squares, etc., and for grantiniiwid 
 
 peusatiun for, 365. | 
 
 Compensation for M'hen taken or injured by iniuiicipaliu um 
 
 atatutory powois, 367. 
 Reason for permitting expropriation of, 307. (a) 
 Matters to be considered in deterniiiiiug amount of coiuDCDutu 
 
 for. 3(57. (a) ^ 
 
 Title njay he acquired by corporation although owner under J 
 
 ability, 37i.'. 
 County Judge to appoint a person to act where thtre is ncj 
 
 to convey, 373. 
 Application of purchase money where p.irtj' conveying hil 
 
 absolute interest, .373. { 
 
 Purchase money to be subject to same limitations iind charBaJ 
 
 Purchase money of, where taken under compulsory powernrii 
 
 treated as real estate, 374. ( j ) 
 Com'^ensation tor to be determined by arbitration ol 
 
 Judge in certain cases, 374. , 
 
 Notice to be given of such arbitration, 375. 
 Fees of arbitration, 375. 
 
 By-laws f«)r purchase of, for school iiurposes, 381. 
 As to duty of councils to provide, for school jmriJoses, 381. 
 May be held in certain cases by county though situuteiniil 
 
 .381. 
 By-laws for acquiring for cemetery purposes, 381, 38.1. 
 Arbitrations upon expropriation, 383, 384. 
 
INDBX. 
 
 E — {Continued.) 
 
 ties and summary conviction before, in po|j^ 
 
 ), to be, 1218. 
 Licenses — Pouoi Maoistrai ks — Pp,yj | 
 
 ling and regulating intelligence offices for, ^ 
 
 I owners and occupants of houses to have, 429 1 
 y proprietors of houses in police village*, 61", 
 
 jsed where tenants occupy premises, 76. (tj 
 
 ises of Municipal Act, 9. 
 purposes may be excluded from area of tdwuj 
 t^ I 
 
 l)y provisional council for county buiUlings, 35,1 
 confined to necessary purposes, 89. (w) 
 ted from taxation apart from buildings theret 
 
 WD«X. 
 
 in cities, by counties for purposes ol 
 
 coirtl 
 
 by councils for industrial ff.nns, ;;3'/, 338. 
 
 :)'iriatiou of for draina^^f, etc., 359. 
 
 g for parka, squares, etc., and for granting coi^ 
 
 u tor, 365, 
 
 » when taken or injured by municipalitj yj 
 
 wcis, 367. 
 
 itting expropriation of, 307. (a) 
 
 isidered in determiniug amount of compcmatK 
 
 uired by corporation although owner under J 
 
 appoint a person to act where there is 00 a 
 73. 
 
 )urcha80 money where p.iity conveying huj 
 srest, 373. ... I 
 
 to be subject to same limitations .ind ehargesj 
 
 of, where taken under compulsory poweri? 
 
 3al estate, 374. (j) 
 
 ir to be determined by arbitration oi 
 
 rtain cases, 374. 
 
 en of such arbitration, 375. 
 
 ion, 375. 
 
 ihase of, for school purposes, .381. 
 
 luncils to provide, for schttol imrposes, 381, ( 
 
 certain cases by county though situate in 8(j 
 
 airing for cemcstery purposes, 381, 383. 
 )n expropriation, 383, 384. 
 
 \uSDS-lContinued.) ^^^^ 
 
 Not to be taken for cemeteri«. • 
 
 of owner, 384. *'"«*«"«• >« certain case. with«„f 
 By-laws for acquiring out.M ,• • *' ^' *»>«"* consent 
 
 purposes. 4b6. ^' *'"*"^« '""its of municipality tar uv 
 Land^ acquired to rexnain part of ^... • • ,. '' ' ''""" 
 
 L^nnZl'irldio rexnain "" "' "'""'^''''''>*^' '-^ P"blic 
 
 Express authority ren..... ,. '^*'*^ '" "^'^^ «>*-*«. 
 
 1.VES. 
 
 ATHS. 
 
 Express authority required . "^ '" "'"' «'*-*«. 
 
 m. (/) y '^«'i»"-«d for acquisition „/ i„ ,„ , 
 
 May be acquired for sif« t , ^^^ "*»««. 
 
 By-laws for acquiring land iS^T m "'^g^^i'-e, 425 
 
 purposes, 442. ** '^ "" *"°"»^'' munic palfty for 1 • 
 By-laws for acquiring for i,„i„„, . , , ^ ""^ 'Iramage 
 
 See Assics8ment1 jJJirv^*"'*' ''"•'"s. exhibitinn . 
 
 ''-t:I,VuZlT^^ ^«P-^* o^ -bbish etc., i„, 3s, 
 
 By-laws for regulating the counf «f 
 ^\VSOCIETY-Mo.ubers of exeir. " '""'^*'' -»«7. 
 
 MeHOLD. "'''"""''^^-^"-nunicipaloffiee 66 
 
 Definition of term in .,,tiontoqualificationfe-.„„.. 
 Qualified to vote on r.^^* ■ l . 
 
 js.ll liSTATK-Qu,j,7i„„. , , . . 
 
 BISUTIVK ASSKMntV ""°"^ "'«- ">"-. «- **. W 
 
 .VIeinburs of exeinnt fr 
 
 Tabulated statement .Trtr"'"^' '" "'«nicipal ofr„>« .-.. 
 
 Flities to be b- l' eSrrs,^*'''- '"^'KySk 'of , • 
 statement of returns etn » . ^?^- "nmici- 
 
 Polling 8ub.di visic^ ' Z'liX" ^y ^'^^^ror, to be laid ' f 
 
 pal elections, 377 *^ '*'"" ^^^ «I«ctio«Wor al'f "''"• '^O. 
 
 '!>>« Franchse lir. « "^ 'nuni.i- 
 
 MUTIES. ^ ^"''"■""^''^''■— -V„„^.„,„ 
 
 Of new corporation ho war! ». * . 
 Aa;u3j„.entofonauu\Tatfei4;^^-^ 
 
 MRIES.-.SeeFKKKLlBRAR,KS 
 
 pK COMMISSIONER 
 
 
 I,'':.: 
 
 I H . mI 
 
 ,^ f 
 
 F ■■*< 
 
1344 
 
 INDBZ. 
 
 t I I 
 
 1; 
 
 n 
 
 M ' 
 
 LICENSED SHOPS.— Elections may be held in, 81. {q) 
 
 UOENSES. 
 
 Power to grant includes power to fix fees for, 212. 
 
 Powera of police conimisaioners as to, 324. 
 
 Power to ^rniit must nut be so used as to amount to impositjn 
 
 of a tax, 215. (A) 
 Power of granting cannot be delegated by councils, 391. (a). 
 Municipal corporations not responsible for acts of holders ni 
 
 415. (A) 
 
 Sm liTgnoa Lioen.ses. 
 
 UEUTENANT-(JOVKKNOR. 
 
 May annex incorporated village to one of the counties in whicl 
 « it lies, 17. 
 
 Kxtend limits of villages, 19. 
 
 Annul incorporation of village", 20. 
 Census roturas to be certified to, 24. 
 May orect town into city by proclamation, 25. , 
 
 define liniita of new town or city, 25. 
 
 divide new town or city into wards, 26. 
 
 by procliunivtion, divide city or town into new Wards, 28. 
 
 annex adjacent municipalities by proclamation, 27. 
 To issue proular.iatioii separating town from county, 29. 
 May annex ru;w town.ship to county, 31. 
 
 form and annux new counties, 36. 
 
 form provisional county by proclamation. 38. 
 
 appoint otHcer-s for provisiimal county, 40. 
 Final separation of united counties by, 41. 
 May (ix number, etc. of Division (Courts in now county, 44, 
 Authentication of by-laws retjuirinji as.sent of, 21 S. 
 Assent of, re(juir(d to by-law repealing by daw under whiih 
 
 of money partly niisetl, 2(53. 
 Assent of required to by-law reducing rates, 279. 
 May order surplus moneys to be applied in redemption of deht.i 
 Consent of, retjuired to investment of surplus of special rates 
 
 Annual report as to debt, etc., to be m.ade to by miinioiinlitia 
 
 OCT 
 
 Information required as to finanoea of inunicipalitieB to l« 
 
 nishcd, 2S7. 
 May is.sue commission of enquiry into finance, 289. 
 To appoint arbitrator in 'lefault of other appointment, 292. 
 Appointment of arbitrator by should be in writing, 292. th 
 Appointn cut and dismissal of gaolers to be subject to approri 
 
 of. :>41. ' 
 
 May direct that agreement as to amount paid for use of com 
 
 buildings shall close, 346. 
 To make regulations, etc., as to auditing of criminal justice i 
 
 counts, ,346. (/) 
 In certain cases may order survey to establish concessiuu bom 
 
 aries, 41 1. 
 To assent to bydaws regulating ferries, 419. 
 ^ May regulate ferries in certain cases, 419. 
 
 Assent re<juired to bydaws to extend or enlarge gu or 
 
 works, 463. 
 
INDEX. 
 otions may be held in, 81. (q) 
 
 hides power to fix fees for, 212. 
 
 jnmusaioners as to, 324. ^ ^ • 
 
 ist not be so used as to amount to imposition 
 
 iamiot be delegated by councils, 391. (a). 
 jktioiis not responsible for acts of holders o|, 
 
 )orated village to one of the counties in which 
 
 3 of villages, 19. 
 
 oration of villago, 20. 
 
 be certified to, 24. 
 
 nto city by proclamution, 25, 
 
 of new town or city, 25. 
 
 )wn or city into wards, 26. 
 
 ,ion, divide city or town into new wards, ..'6. 
 
 nc .nuiiicipalitics by procbvmatiou, 27. 
 
 itioii fli-p;uating town from county, 29. 
 
 «wnship to county, 31. 
 
 \c\ new counties, 36. 
 
 )ual county by proclamation. dS. 
 
 LTS for proviai(mal county, 40. 
 
 of united counties by, 41. 
 
 etc. of Division (Courts in new county, 44. 
 if by-l.iwa requirinj,' assent of, 218. 
 red to l)y-law repealing by daw under wlii.li jmi 
 irtly rjvised, 2(53. 
 
 e.l to by law reducing rates, 2/9. 
 IS nioUL-ys to be applied in redemption of deht, 
 red to investment of surplus of special rates, «, 
 J to debt, etc., to be made to by municiiiMitia 
 
 Hired as to finanoes of municipaliticB to !»■ fmj 
 
 lission of enquiry into finance. 289. 
 rator in 'icfault of other appointment, 292. 
 arbitrator by shcnild be in writing, 292. [h 
 id dismissal of gaolers to be subject to appro.^ 
 
 ; agreement as to amount paid for use of coa 
 
 liall clotse, 346. • • i • . J 
 
 tions, etc., as to auditing of criminal justice 
 
 'may order survey to establish concessiou boa 
 
 -laws regulating ferries, 419. 
 
 Tries in certain cases, 419. 
 
 i to by daws to extend or enlarge gas or 
 
 INDRX. 
 
 l3iS 
 
 May declare certain l^"""""'^-^ 
 
 •See L/on.iu i * woikh in oer 
 
 UGHT. 
 
 cases, 579. •«. .irauiai/o 
 
 •^'""'""'»'— »-'V„u,.H„.,.., 
 
 . 541. 
 «n certain 
 
 Hy laws for ni,i„„f,, . . 
 
 Bylaws as to „„« „f in^^^ll^l^^'^^J'^yi'^^^. m. 
 ''^''e Local 1m,.H(,vkmk";;,'^^''«««. ^'^''■ 
 [light and HEA'I'. 
 
 Act to authorize cities f 
 
 »l,o;t■mL':;^;:e"«;;s''«°«'«■'t!,tI;,^s.*° ""-M' «» ».d 
 
 •Jit:::?.'--.' -y ^-i'of ;;;„.,.„„.„ , ' *" "'™'~- "■ 8"- 
 
 t, 683. 
 
 ««4. "'® '*" daina.'c's f,.,,,„ . ,. . 
 
 !:«..lio ».f„.„ „„. .„ ,, , —"<■ of 1H,W„.. 
 
 683, 
 "gs to 
 
 wires to he 
 
 Public .safety not to h. , " -^«icise of ,: 
 
 y-Ia«s for «xing rates .m, "'"""«^''"»^^nt of uo.-k? '. , 
 f'ayinent of rates „,av ?«;*•""*'"•*'' '''^'l- ''■• 
 
 Mo.le "^,eon,luctin« <fi:/:;;;-'' '/.V .ii.t,...., ,-^4, 
 Removal of fittihi-s fro.., ,,! • ''*'• '''*<-^- 
 •anyi,.y works into ^oC?'" ''^ r"-"'H.rs. (;,4 
 f^yn^g l.ipes in streets r<fv'''''''''''''i''-'^' '''^•^- 
 Ccr am cactnients to be <! ' f • "" "^ •■-""fnies <;«^, 
 «.gbt confcred by spJSj^'^^^i"'''^'^V'>rutJ.i, oss! '"• 
 
 Ef Hv. . "^ ' ^'"' ""^°^"'« P^'^altie. for, 459 
 
 IE-Bylaws for regulating the weighing of on , i 
 
 |E FENCES. ^ ^' °" '"arkets, 457. 
 
 Act respecting, JOOy. 
 
 N)o.-ttitleof Act, 1099 
 Intei-pietation, J 099. 
 
 •' Occupied lands," 1099 
 
 684. 
 
 X"'l 
 
 |/, ''I 
 I 
 
 .1 
 
 I6» *^ *^ 
 
 up fenceg. 
 
 f: ^ '.■■■I 
 
 
 .Jit 
 
 I: 'ill 
 
1346 
 
 INDEX. 
 
 m 
 
 
 LINE FENCES— (Continued.) 
 
 DiapuitiB between owner* in Buch CHRes. IKK), 
 
 Notice to be given to owner or occupant of adjoining land 
 
 Notice to he given to fence viewers, 1100. 
 
 What notices to contain, 1 100. 
 
 Judge to appoint fence viewers in cnse of diBngroenicnt, 1 100. 
 
 Occupants to notify owners of proceedings, 1100. 
 
 Fence viewers t(» make examination, hear evidence, etc., ajidj, 
 minister oatlis, 1101. 
 
 Fence viewers to make award, HOI. 
 
 What award is to contain, 1 101. 
 
 What fence viewers to consider in making award, ) 101. 
 
 Location of fence, 1101. 
 
 Fence viewers may employ surveyor, 1101. 
 
 Award to be deposited with clerk, 1101. 
 
 Award to be evidence in legal proceedings, 1101. 
 
 Notice of making award to be given, 1101. 
 
 Enforcement of award, 1 102. 
 , ,<i' ,y Award to be a charge on lands if registered, 1 102. 
 
 Registration of award, 1 102, 
 , Fees to fence viewers, surveyors, and witresses, 1102. 
 
 Payment of fees by municipality, 1102. 
 
 Appeal from award to lie to County Judge, 1102. 
 
 Notice of appeal to l)e served, 1102. 
 
 Notice to be served on clerk of Division 0)urt, 1103. 
 ■ Notice of hearing of appeal, 1 102. 
 
 Powers of . I udge on .appeal, llOH. 
 
 Decision of Judge to be final, 1103. 
 
 Procedure on appeal, 1103. 
 
 Registration of agreements as to fences, 1 108. 
 
 When owner of division fence in part enclosing other innJi 
 '7 remove same, 1103. 
 
 Notice to be given, 1103. 
 
 Demand to be made on owner of adjoining land, 1 103. 
 
 Procedure, 1104. 
 
 Provision when a tree is thrown down across fen< e, 1 104. 
 
 When and liow injured party may remove same, 1104. 
 
 Kntrj' for the purpose of reuioviiig tree not to be a trespass, l 
 
 Fence viewers to decide disputes, 1104. 
 .;, ,, Forms, 1104, 1105, llOfi. 
 
 LIQUOR DEALER. 
 
 Disqualified for election to municipal council, (>2. 
 Effect of transfer of license upon disqualification, 62. (oi 
 
 LIQUOR LICENSES. 
 
 Act r<'s/)erti7i(i the. talc of fermented or spirituous liquoTK, 890. 
 Short title of Act, 891. 
 
 Dominion Parliament cannot legislate respecting, 891. (nj 
 What deemed intoxicating liquorH, 892. {h) 
 Saies l)y licensed persons in less than regulation (piantitie!.! 
 Provincial Legislature cannot compel brewers to take out! 
 893. (/) 
 
.wni>rH in such ciiBCS. 1 100, 
 
 Z:^o"Z or occupant of adjmning land 
 
 to fence viewers, 1 100. 
 
 V owners of proceeiluigB, 1100. 
 
 Lke examination, hear evidence, etc.. audad. 
 
 J, 1101. 
 
 nake uward, HOI. 
 
 S'ji^oiSin making award. nOl. 
 
 ty employ surveyor, 1101. 
 
 «ited with clerk, UOl. 
 
 ence in legal proceedings, HOI. 
 
 ' award to be given, 1101. 
 ;:;^'f'„Xl.ifr.Bistercd,U(«. 
 
 ::«;«rey„r.. and wi.r.e..o., .102. 
 
 by municipality. UO-i- 
 
 ira to lie ti County Judge, H02. 
 
 to he served, 1102. ,,. ,. iia" 
 
 ved on clerk of Division (>)urt, HOi>. 
 g of appeal, 1 102. 
 ; on appeal, HOIH. 
 l»e to be final, H03. 
 )peal, 1103. \\(\Q 
 
 le. 1103. 
 
 IfaVoifowner of adjoining land, 1103. 
 
 fa tree is thrown down '^''"•f« Jf "•^' 'J^^ 
 
 injured mrty may f "«:;; «X'itrlml 
 nupose of removing tree not to be .i trespass l 
 
 to decide disputes, H04. 
 1105, H06. 
 
 r election to municipal couucil, t)2. 
 
 ,fer of Ucenseuponclisciuahfication, b2, (o| 
 
 mlc offcnnentexl or spirituous liquon, 890. 
 .^:L'uta.nnot legislate rejecting. Saii 
 
 »NDRX. 
 
 LIQUOR UCE^iSEH-iContinuea.) 
 luterpretation. 
 
 . .*.',(t''l"»™"wi<i *• Lienor" 
 
 • ravern License " "'""r- »neaning of. 892 
 " Shop Lice,w« '^ . ""^'.''''''K of, 892: 
 
 •• LiceLe by ;"|.oS"'?)* °'' «»=^ 
 " Three half uSt^f^t' "'"""'"« "'- «92. 
 " l^icense nisK"'.- r*"'"« "'' «03. 
 ' I'olling sub. 1 V ;„ "'.^""'« °f- 893. 
 
 :'-P-tor.;'niea5or8T«'''''««- 
 1 ho Canada Temperance S.. 
 i^/ce««<. C'om»,M,,V)„^^, ' •"«*"">« "f, 893. 
 
 Boardof Coin,„i88ioner„t.,l^ 
 
 ^ etc.. 89.3- °'"^" ^" ^ appointe.1 for each dkv n, 
 
 lo define reiiuisifoa #«« 
 
 hme of Licmws. «aui/e(i (hstricts. 976. 
 
 licenses issued bv o..*u •, 
 
 >Vhon to be issued, 89G ^ 'oHowing, 896. 
 
 opecifl cases, 89tf. 
 
 (Amended by 52 Vit! ««« j. 
 How issued, 896 ' *"*?' ''^ "W. L, ,228 ) 
 
 lo vesrtels. Syo. 
 
 "port, 897. ^ ° ^ '"' S™ted except uDon wi.; 
 
 „ l'«Port to bo filed, 897 P' "P»° Peft... ..d 
 
 ;°t;r;^SK,'^,,^;-'>'«o.H8»7.,., , 
 
 ««.'nl to," S ,t ti' ■""'"'• »M- M 
 
 Objectors may £e heard, 9ba ; ,.:/ ' 
 
 1347 
 
>J^.J^> 
 
 ^>. ..a^ 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 1.0 
 
 I.I 
 
 1^ 1^ 
 
 M 12.2 
 
 ^ m 
 
 I 
 
 2.0 
 
 11-25 11.4 
 
 it 
 
 1.6 
 
 Photogr^hic 
 
 Sciences 
 Corporation 
 
 33 WEST MAIN STREET 
 
 WEBSTER, N.Y. UStO 
 
 (716) •72-4S03 
 

 
 
 (/^ 
 
 ^ 
 
 'l^ 
 
 <> 
 
 f"^ 
 
 ^:^\ ^O^ 
 
 
1348 
 
 INDEX. 
 
 I) 
 
 LIQUOR LICENSES— (C'oniwmerf.) ' , .--r , -j, , , 
 
 When notice of objections requiied, 900. 
 
 Decision of board final, 900. 
 
 Majority of electors may prevent granting of license, 901. • 
 
 Time for filing petition in such case, 901. 
 
 Inspector to keep list of petitions posted up, 901. 
 
 Hearing and determining objections to licenses, 901. 
 
 Office of Inspector, where deemed to be, 902. 
 
 Mode of procedure in obtaining tavern or shop licenses, 902. 
 
 No action lies against commissioners for refusing license, 802. (a) 
 
 No license to be granted for day of Provincial Exhibition or 
 
 Local Exhibitions on exhibition grounds, 903. 
 No license to be granted to ferry boat, 903. 
 No license to be granted to Commissioner or Inspector, 903. 
 
 Or for any premises ovi^ned by such persons in their districts 
 903. 
 ' Licenses may be granted to companies in which Commissioner is 
 
 a shareliolder, 904. 
 License, limited to person and place, for which it was granted 
 
 904. 
 
 Tavern Licpu-ses. 
 
 Limitation of numbers of licenses in cities, towns and villages, 904. 
 
 In villages which are county towns, 904. 
 
 At Niagira Falls and at Port Arthur, 904. 
 Manner of iletermiuing population, with a view to number of | 
 
 licenses, 905. 
 
 Case of alteration or formation of new municipality, 906. 
 
 Or municipal census, 906. 
 Council may limit number of tavern licenses by by-law, 906. 
 Copy of such by-law to be sent to Commissioners, 907. 
 By-law limiting number of license to one, bad as creating moii I 
 
 opoly, 907. (f.) 
 Limited licenses may be granted by Commissioners, 907. 
 Beer and wine licenses may be issued. 908. 
 
 What included under such licenses, 908. 
 
 Holder sal)ject to conditions of ta^ ^rn license, 909. 
 
 Not to kiiep or suU spirits on licensed premises, 909. 
 
 Cancellation of license on second conviction for such offence! 
 
 909. 
 Inspector may test liquors kept by licensee, 910. 
 Aceommodfdioii aiul Conditions. 
 
 Accommodation required in taverns, 910. ,, 
 , Not to communicate with grocery, 910. 
 
 Every taveia to be an eating house, 911. 
 Every man going to an inn entitled to demand refreahnient,91i, 
 City or town mayfprescribe further requirements as to tavern 
 911. 
 Security to be gicen. . < 
 
 Security to be given by tavern licensee, 911. 
 Shop licensee, 912. 
 
 Shop LiceiiHfs. 
 
 Conditions precedent to granting, 912, 914. 
 Number of shop licenses limited by by-law, 912. • 
 
 UQJJO^ LICE. 
 Shop Jic 
 
 Certified 
 
 Limitati, 
 
 License i 
 
 Mineral y 
 
 Wholesale Lie, 
 
 Issue of Ji 
 
 J^egulatioj 
 
 JManufacti, 
 
 (Amei: 
 
 'J'ransfer of lie 
 
 Effect of dc 
 
 j-icenaea tr^ 
 
 ^n transfer 
 
 transfer of 
 
 tavern a 
 
 ^i-ansfer mat 
 
 provisional c 
 
 Report of ins 
 
 Jiemoval of Linen, 
 
 inspector mav 
 
 Jffect of such 
 Konds given b^ 
 Mileage to be \ 
 ^''^re licenses lap. 
 How licenses m 
 JJ^ies Payable. 
 
 For wholesale ]i 
 
 Javern lice] 
 
 2"op lice.isJ 
 
 geer and wj 
 
 Vessel Jicen] 
 
 I^arger duties, J 
 
 Unsenfc of eJectJ 
 
 ^'Jen by-law tot 
 
 Wien duties „ov' 
 
 ^^''litional duties! 
 f^"«' population,,! 
 
 J^'cense duties imf 
 Liceme Fund. \ 
 
 ?"S!«' fines, and 
 Appicationoffunl 
 
 (Amended bvl 
 ^Jeques upon thU 
 
 teen*r°/p- 
 
 nere the whole i 
 ^jiere the costs ii 
 
 ^«d«nnityofi;:;a 
 
INDEX. 
 
 jtions required, 900. 
 
 m;y^p^revent granting of license. 901. • 
 
 on in such case, 901. 
 
 t of petitions posted up, yoi. 
 
 ining objections to licenses, 901. 
 
 where deemed to be, 902. 
 
 n obtaining tavern or shop licenses, 902. 
 
 t commissioners for refusing license, 802. (a) 
 
 ranted for day of Provincial Exhibitioner 
 
 ,ns on exhibition grounds, 90J. 
 
 mted to ferry boat, 903. 
 
 nted to Commissioner or Inspector, 903. 
 
 nTses owned by such persons m their district. 
 
 anted to companies in which Commissioner is 
 
 ^^itrson and place, for which it was granted, 
 
 ,er8 of licenses in cities, towns and villages, 904, 
 
 ich are county towns, 904. 
 
 lis and at Port Arthur, 904. , 
 
 tion or formation of new municipality, 906, 
 
 "rmb^r'of -tavern licenses by by-law. 906, 
 iw to be sent to Commissioners, 907. . 
 
 unber of license to one, bad as creating mo.,| 
 
 lay be granted by Commissioners, 907. 
 
 nses may be issued. 908. 
 
 ,1 under such licenses, 908. 
 
 :t to conditions of tavern hcense, 909 
 
 r sell spirits on licensed premises, 909. 
 
 'fbcense on second conviction for suchoftenca 
 
 y test liquors kept by licensee, 910. 
 
 Conditions. ' • 
 
 required in taverns, 910. 
 ate with grocery, 910. 
 
 t a^h-n ^tuS deLud refre.h,.«„Ull., 
 .^[prMoril^ further requirement,, ,i» to t...n 
 
 LIQUOR U0ENSES_,£,„„,.,„^ 
 
 Mineral »ale„ n'ottj C"' "''''• "& 
 
 (Amended by 52 Vi," «empt, 915 ' 
 Tmufero/Lieeme.. ""' «"P- «.«««. 2, 1228). 
 
 £':'.tS;rS';itr:- " "«-. »'S. 
 
 Sir^MiLtToSr'"^^^^^^^^^ 
 
 Hemml of iin,„L ^ '""'"P''--'«l with, 9,6. 
 
 ""To':;,7i^7"°"^"" '» ■■»■»-■ of tavern keen ] ' 
 Meet of ,'„ch i„„«„., g„ '"'P''- '» '"'»*er 
 
 Where licenses lapse certain cases, 917 
 
 A. ""Cr-"^ ^«^™"" whe„li„e„se,„a.e ,ee„„evoM. 9,8 
 
 For wholesale licenses, 918 
 
 lavern licenses, 918. ' ' 
 
 toiiop licenses, 919 
 
 920. ^^«ced statutory amount they are nof «ff . . 
 
 Additional license duties 921 ^''*'^ 
 
 Additional duties to form lll't of f h ^ = 
 
 How population .letermined i„ «/ * f ««»soIidated revenue 921 
 License duties imposed K mSl .V '"^ additional dutTes U'l 
 License Fund ^ """"cipahties not aflFected, 921 
 
 Applicktior;)f*fu!ir922'^^ *"" *°"" ^'°®"«« f""d. 922 ' 
 
 J "i inspector failing to nhfo,"« „ • .. 
 
 e '° oDtain conviction, 923. 
 
 1349 
 
 M 
 
 'HI 
 
 I 
 
 SI 
 
 
 Mm ■ 
 
iff :\%tty^6 
 
 M: f 
 
 m 
 
 1''.*: 
 
 ;ff 
 
 1350 
 
 INDKX. 
 
 )i I 
 
 LIQUOR LICENSKS-(Conrt»M«/.) '■•-■•.' 
 
 Regulations and ProhibitionH, ^ ■•! 
 
 ... Licenses to be kept exposed, 923. (■ i ., ; , 
 
 Penalty for non-exposure, 923. 
 Tavern keepers to exhibit notice of license, 924. 
 
 Penalty, 924. 
 No one to sell liquor without license, 924. 
 Persons not to keep liquors for sale unless licensed, 924. 
 Brewers and distillers may sell without license, 925. 
 Chemists may sell liquors without a license, 926. 
 Clubs incorporated under Benevolent Societies Act not to sell 
 
 liquor, 926. 
 
 Consumption of liquor evidence of violation of Act, 927, 
 All liquor selling establishments to be closed between 7 p.m 
 
 Saturday, and 6 a.m. Monday, 927. 
 " Sale or disposal " includes gift, 927. (fir) 
 What deemed selling liquor on premises, 927. (/i) 
 Defendant not compellable to give evidence as to sale (if [mm 
 
 on Sunday, 928. (i) 
 Powers of municipal council transferred to comniisslonerj 
 
 928. [j) 
 
 No exception in favour of Sunday travellers, 929. (/t) 
 
 Exceptions, 929. 
 Not necessary for the conviction to negative the exception! 
 
 929. (/) ■ 
 
 Inspector to prosecute for second offence where sale on Saturday j 
 
 night and Sunday, 930. 
 
 Penalty where inspector violates his duty, 930. 
 I Tavern keepers to keep bar-room closed during prohibited! 
 
 hours, 930. 
 Otherwise guilty of an offence unless certain facts proved, 
 Meaning of the word " keeper," 931. 
 Persons frequenting bar during prohibited hours, other thail 
 
 keeper, 931. 
 
 Penalty, 931. 
 No sales on polling days, 931. 
 Obtaining liquors at prohibited times an offence, 931. 
 
 (Amended by 52 Vic. cap. 41, sec. 4, 1229.) 
 Power to exempt witnesses from penalty, 931. 
 When alleged violation occui's in detecting breach df law, 
 
 (Amended by 52 Vic. cap. 41, sec. 5, 1229.) 
 Sale of liquor from ships in port prohibited, 932. 
 
 Penalty, 932. 
 
 Penalties cumulative, 933. ( />) 
 Shop license not to authorize liquors sold to be cdiisiimedti 
 
 premises, 933. 
 Liquor not to be consumed on premises of wholesale lireiisee,9 
 Prohibition of sale to unlicensed persons, 933. 
 
 Not to apply to bona fide sales, 933. 
 
 Only to apply where sale is to resident of same municipi 
 934. 
 Licensee not to purchase certain articles or to receive then] 
 
 pledge for liquor, 934. 
 
 Kestitution may be ordered and enforced. 934. 
 
 Additional penalty, 934. 
 
 lit 
 
INDKX. 
 
 351 
 
 ., ju.. 
 
 n I 
 
 to sell 
 
 ittor 
 
 ued.) ' X ■•■'■ 
 
 IS. ■■'■4,(1'' \ '•"■''■ ' 
 
 josed, 923. ; "" 
 
 ;Cai?o.Ucen.e,««4. ... 
 
 liquor evidence «f v^'^it^^^^^ 7 piu, 
 
 i a.m. ^lo'?,^*yo''27 (a) 
 
 J'Uca -«..-ea to CO—™, 
 Ike convicUon « ■>*'- '"» "^H 
 
 lolation occurs uj rtet ^229.) 
 
 Is ™i.e8 of whole»»l» «'■"«'■ 
 
 R„u.»m^o»S™rr., 933. 
 
 llv whereaaleiaioi 
 
 '^ • deles or to receive to, 
 
 purchase certaxu arttoles 
 
 maybeorde: 
 penalty, 934. 
 
 lourchase i*^* 
 
 UQUOR LICKNSKSHfo""''""''/.) , ..,.„,, , , 
 
 On licenao commissiouera taking money foi- certificate, etc., 934. 
 For issuing licenses contrary to Act, 935. 
 Forfeiture of office by municipal officer on convicticm, 935. 
 For sitting and voting after such forfeiture. 935. 
 On person selling withont license, 936. * 
 
 Imprisonment on conviction for second offence, 936. 
 " Any person" includes married woman, 93G. (a;) 
 License irregularly issueil, protection against penal consequen- 
 ces, 936. (y) 
 For selling liquor on Sunday, 937. 
 
 For second and third offence, 937. 
 For obtaining liquor at prohibited time, 937. 
 On tavern keepers for refusing lodging, &c., to travel- 
 lers, 9.38. 
 For permitting disorderly conduct in inns, 938, 
 For mternal communication with unlicensed premises, 938. 
 
 (Amended by 52 Vic. cup. 41, sec. 6, 1229.) 
 For allowing internal communication with premises in which 
 
 other goods sold, 939. 
 For supplying liquor to persons apparently under 16 years, 939. 
 
 Allowing unlawful consumption of liquor on premises, 939. 
 Proof necessary to establish charge, 940. 
 
 Unlicensed vendor allowing purchaser to consume liquor on 
 premises, 840. ■ •; 
 
 Second and subsequent offences, 940. 
 Meaning of "premises where same is sold," 940. 
 On purchaser consuming liquor on premises where sold, 940. 
 Keepers of disorderly inns subject to certain penalties, 940. 
 
 Penalties cumulative, 942. (n) ;' •: 
 
 What deemed disorderly conduct, 941. (/) . '' 
 
 For harbouring constables on <luty, 942. 
 
 Guilty knowledge essence of offence, 942. (o) 
 Compounding or compromising cases, 942. 
 Persons violating law may be disqualified from holding license, 
 
 943. 
 For tampering with witnesses, 943. {«) 
 For offences not otherwise provided for, 943. ' 
 
 (Amended by 52 Vic. cap. 41, sec. 7, 1229.) 
 Imprisonment under different convictions, 944. 
 Penalties or punishments not to be remitted, 944. 
 Penalties and costs recoverable by distress, 944. 
 Imprisonment in default of distress, 944. 
 
 No power to imprison in first instance, 944. (w) 
 
 Application of Penalties. 
 
 When inspector prosecutes to be paid to him, 945. 
 Otherwise to the treasurer of the municipality, 945. 
 Not lawful for Justices to retain fines, 945. {x) 
 Municipalities to set aside a third for enforcing Act, 945. 
 This duty imperative, 945. {y) ' ' . _." ' 
 
 Powm of County Jiuhje. 
 
 Complaints may be made to Judge as to improper issue of 
 license, convictions, etc., 945. 
 
 
 «!' 
 
 .)'-■< 
 
 I 
 
1362 
 
 INDEX. 
 
 •i\ 
 
 .] 
 
 \-. V' 
 
 Ml; 
 
 ill 
 
 LIQUOR LICENSES— (Continued.) 
 
 What information mnst disclose, 945. 
 Procedure before County . Judge, 946. 
 
 Prosecutions. 
 
 Any person may prosecute, 946. 
 *' Any person " includes married woman, 946. (ft) 
 Information to be laid within 30 days after oflFence. 947. 
 Justices should not prejudice defendant by delay in trial, 947, (,., 
 License commisaioners or inspectors not to sit on trial of caatu 
 
 947. 
 Certain prosecutions to be before not less than two justi-ies 94" 
 
 Crown may proceed by information, 948. (c) 
 Evidence to be taken in writing, 948. 
 
 All other prosecutions may be before one or more Justices 948 
 Prosecutions under resolutions of Commissioners, 948. 
 One justice may hear certain cases in rural municipalities, 948 
 When coats may be awarded to complainant, 949. 
 
 Procedure where previotis conviction chan/ed. 
 
 Justices to enquire in tirst instance as to subsequent ofi'ence 940 
 After conviction for subsec^iient offence, Justice to enquire as to 
 
 previous conviction, 949. 
 Mode of proving previous convictions, 950. 
 Previous convictions need not be charged, 950. 
 Where several offences on same day, 950. 
 Where subsequent convictions irregular by reason of former I 
 
 being quashed, 950. 
 Justices may amend conviction, 95L 
 "Second offence" and "third offence" defined, 951. 
 
 b^orms of Information and Proceedings — Amendments. 
 Description of offence in informations, 951. 
 What deemed sufficient description, 952. (a) 
 What forms to be used, 953. 
 
 Whatever form given, conviction must describe offence. 953. / 
 Amendment of information, 953. 
 Waiver of defects in information, 953. (c) 
 Certain defects not to avoid conviction, 954. 
 Convictions may be amended, 954. ^j ^ ,, , 
 What amendments may be made, 954. ,, 
 
 Evidence in Prosecutions. 
 
 u Proof of license, 955. 1,,, y.l v.,; . , , , 
 
 Onus on licensee, 955. (;/) 
 
 Authentication of Commissioners' regulations, 956. 
 ^ Where sale of liquor will be presumed, 950. 
 
 ■ r Ordinary rule of presumption in criminal cases, 956, (;) 
 Presumption rebuttable, 957. (k) 
 Presumption as to occupation, 957. 
 Presumption conclusive, 957. {k) 
 Evidence as to sale, etc., of liquors, 957. 
 Not necessary that money should pass, 957. (/) 
 Persons or lights in bar-rooms at prohibited hom-n priimU 
 
 evidence of sale, 957. 
 What shall be deemed evidence^of unlawful sale, 958. 
 """'^ Liability of occupants, 958. 
 
 Persons liable for sales by servants, 958. ^'i 
 
INDRX. 
 
 13/)3 
 
 •oseciite, 946. 
 
 ludes married woman, 94b. (ft) 
 
 laid within 30 days after ofiFence, 947. 
 
 s prejudice defendant by delay in trial, 947. (,) 
 
 nerB or inspectors not to sit on trial of cases, 
 
 IS to be before not less than two justi-ies, 94", 
 
 oceedby information, 948. (e) 
 
 Len in writing, 948. 
 
 ions may be before one or more Justices, 948, 
 
 • resolutions of Commissioners, 948. 
 
 jar certain cases in rural municipalities, 948. 
 
 )e awarded to complainant, 949. 
 
 IMS conviction chanjed. 
 
 I in first instance as to subsequent ottence, 9i9, 
 
 )r subsequent offence. Justice to enquire as tc 
 
 iction, 949. 
 
 jrevious convictions, 950. ■ 
 
 •ns need not be charged, 950. 
 
 ences on same day, 950. 
 
 it convictions irregular by reason of former i 
 
 I. 950. 
 
 lid conviction, 951. 
 
 and " third offence" defined, 951. 
 
 and Proceedlnga— Amendments. 
 
 ence in informations, 951. 
 
 ficieut description, 952. (a) 
 
 used, 953. -i /r 
 
 iven, conviction must describe oflenoe. 953. 
 
 [formation, 953. 
 
 8 in information, 953. {<:) 
 
 :)t to avoid conviction, 954. 
 
 be amended, 954. . . ,. 
 
 ts may be made, 954. ,. 
 
 MS. 
 
 955. 
 
 I Commissioners' regulations, 956. 
 luor will be presumed, 950. 
 presumption in criminal cases, 956. (;) 
 uttable, 957. {^i 
 ;o occupation, 957. , ..i 
 
 elusive, 957. (k) 
 
 lie, etc., of liquors, 957. 
 
 at money should pass, 957. (0 
 
 s in bar-rooms at prohibited hours i^nma/a^ 
 
 3emed evidence'of unlawful sale, 958. 
 
 pants, 958. 
 
 r sales by servants, 958. 
 
 LIQUOR LICEJ^8ES-.^^„,.^^^^^ 
 Proof of sale conclusivo • i 
 
 I loot of beint' licpi.u^^.j ' "^'^"t to convii-f i,r.i 
 
 Evidence of ifcense, 960 ""'' "" ^''^^''^^e. m' ^'^^^tt^d, 969. 
 
 \] McKseH. 
 
 Issue of warrant on 
 
 Informer a comt>etpn^'',"'i''^P'''"''''"^'e of witn*.au 
 
 production of booKr „t'^ '^•^-) 
 Fee,s of inspector attendi^,' 2 ^^ ^''^'^'-e.i. 9«J. 
 
 It-xpenses to bo verit.Vrfi'^r''^' 961. , . 
 
 Inspector to make Sf^ "''*''' 9««. " " " 
 
 gyj aKe .iu.irter]y returns to Provin • . u 
 
 Appealjrom ConvicHou., """' ''*«^«'»'7. 
 
 Conviction of .Justice fin J ' * 
 
 Appellant to give sec nT ^"'^'^^^•^"t to .jit of 
 
 Justices to trfii;:, t a,.°r ,f eposit, ^^62^^* ""' '^W-al. 962. (., 
 
 CosJ^Ta^/piK^^^^^^^^^^^^ '9^^"'""* ^PPeaUusti«ed. 963. 
 Appeals upon appncatioTi'*"'"'^' ^64. 
 cm Remedies. ^^^''^^'^''^ *« q»ash convictions. 964. , ' 
 
 Liability of tavern-keener f 1 
 
 ProceedinL's toset -iQi/l.^ 1 
 
 Relatives tnay no if'^ o,^'^. Prohibition or notice 9fi7 
 What proof remiirS * .^^'"'"^ »"' to sell to drf, l . 
 ActionS^for diSS^th "'? ^'^'^"' ^^ 5 *"' '''' 
 
 Marned women mayXh^ „?'''*'' ^«»- 
 Money paid for liquor sold onff '^*"'"'' ^'"' ^lamages 9fis 
 
 Lieufcenant-Goveruni- i»o . 
 
 Conspiracy to euforl A -^ ?PP""'t officers to enf«.. 4 
 
 ProvLia/i„;:trappltenr^",^ r^ "otJ" .f *' ''^' 
 LicensecommissionersZv o *'''"^ duties of oVn^ 
 Officers to be deemed „ S^^^K* °^^^rs, 971. ^^' ^ 
 Duties of officers and Co„n f n ^ ^^'*' ^^l . 
 
 ' l»l 
 
 w 
 
 I', 
 
 
1^54 
 
 INI>KX. 
 
 n 
 
 iu> 
 
 i\ 
 
 'nets ■ 
 
 
 fm 
 
 1 1 
 
 ! I 
 
 LIQUOR LICKNSES-((.'o«/,m(W.) ■ > •..''>'.Uw.'-> V. • 
 
 Right of seiirch, 972. 
 
 Warrant not neccsaary in snarcliing, 972. ( ./) 
 
 Penalty for refining to admit officcr.s, 973. 
 
 Search warrant may l)o granted, 973. 
 
 Unlawful keepin«jf to l)e evidence of illegal dealings, 973. 
 
 Seizure and de.struction of liqnor in case of conviction, 974, 
 
 Li(juor to l)e returned if no conviction, 974. 
 
 Duty of otficera to prosecnte offenders, 974. 
 
 j'eiialty for omission of dnty, 974. 
 Commiasionera of police and chief to enforce this provision, '<' 
 
 Unorganized Diiilrlcts. • . . 
 
 Liquor License Act ap|)lies to districts, 97.'>. ♦ 
 
 Lieutenant-Governor may create li ense districts in jiujicini 
 
 territorial districts, 97.'>. 
 Appeals from .stipendiary magistrates to district or county in 1 
 
 975. '^ " 
 
 Appointment of Commissioners, etc., in unorganized disti 
 
 license districts, &76. 
 
 Duties payable. 976. 
 Issue of licenses for places not within license district, 976, 
 Powers of municipal corporations, 97(». 
 
 MunicipaUtlen iindi'r Temperauce Arts , 
 
 Li(iuor License Act not to impair Temperance Acts of ISj 
 
 Canada Temperance Act, 976. 
 Commissioners and inspectors may be appointed where Tenn 
 ance Asts are in force, 977. 
 
 Duties in such case, 977. 
 Enforcement of local option prohibitory statutes by Provji 
 
 Governments, 977. (") 
 ' Wholesale license must be obtained where Temperance Acl 
 force, 977. 
 Certain provisions extended to uumicipalities where second 
 
 of Canada Temperance Act in force, 977. 
 Municipalities may aid in enforcing Canada Temperance Act, 
 
 Inspector to send to councils annual statement of 
 and expenses, 978. 
 Prosecutions where Temperance Acts in force, 978. 
 Expenses of enforcing License Act in municipalities wherelj 
 
 perauoe Acts in force, 97S. 
 
 Apportionment and payment of expenses, 979. 
 
 Enforcement of payment, 979. 
 
 " Union mnnicipaTity," meaning of, 980. 
 Expenses of enforcing Canada Temperance Act in cities, 
 Expenses where oidy second part of Canada 'L'einperance 
 
 force, 980. 
 Duties payable for licenses issued under Canada Teinperan 
 
 981. 
 Application of such duties, 98L 
 Provision for payment by municipalities of expenses of I 
 
 district where C. T. Act in force, 981. 
 Share of expenses of license district payable by cityorj 
 
 where C. T. Act in force, 982. 
 
 IQUOR LICEN\s 
 
 Oommissio 
 second 
 Municipalii 
 Lieutenant- 
 district 
 /•ormn. 
 
 Bond of apf 
 
 General form 
 Description c 
 Information i 
 SuninioMs to 1 
 
 Oonviction foi 
 " << 
 
 ^Varrant of co 
 
 9.92. 
 Warrant of 00; 
 onment on 
 Declaration of ] 
 Description of c 
 licensee, 99 
 froYiiionul cons 
 Act to Amend thf i,i( 
 -Application for ] 
 ance Act rer 
 Manufacturers o 
 wines not coj 
 Sums imposed fc 
 Province and 
 Ptircliaseofliq„o, 
 Officer detect 
 Jixtension of p,.( 
 premises, 122 
 Imprisonment in 
 
 first offence. 
 Power to pass bv 
 Act, 1229. 
 Wot to be 
 '229. 
 
 BylHw in restraint! 
 upon incorporal 
 Elections cannot beP 
 ''x'e LiycoK Li(J 
 y «'rAlJLEs. 
 
 Po'iceCommissione] 
 
 cot 
 
 By. aws for regnlatf 
 VVljen county counc 
 Powers of p^j,-,.g^^ 
 
 fASSBSSAIB^^T-A'e, 
 Surplus in speoi,^! 
 
 rat 
 
INDKX. 
 
 1 356 
 
 
 'u'' 
 
 <)72. Li) 
 
 
 ;y„Utvl;lence onU..^*^j couvicUon. 974. 
 action of l"l^''^j;ion, 074. 
 
 polioe aiv\ cUici * 
 vet apvJ;e.t^aA^;j'^^^«f districts in ju« 
 
 f Commissioners, etc., 
 
 ^"'''•-' Ucense district, 976. 
 
 rates to 
 
 district or coxinty Jul, 
 
 able. 
 
 976. 
 
 itbin 
 
 ,,,.,V.^P-««-^;;;,,Te^nperanceActsoi' 
 A'^^ ".„ Act. 076. . . ;„ted where TemJ 
 
 Cemperjvnce ^-u, •,^- y^^ appoint 
 L.B and inspectors^ ^^^ 
 
 statutes by PtoviJ 
 
 force. 
 
 ■8 an* 
 A^tsarein 
 
 such case, 9/ • 
 .,f local option 
 
 pro' 
 
 ,hibitoi"y 
 
 nts, 
 •enae 
 
 le: 
 
 «l'-.^ri.htained^bere Temperance. 
 
 palities where mmii 
 
 must 1)6 
 
 *''.-"';vtendedtoimW«; 
 
 sAcU 
 
 )r 
 
 isiims «'''";»;"e Act in ^"'^''^\fX,nperanceJ 
 
 lOUOR liOENSES— (Con^inMflnJ.) 
 
 Commissioners to make up eatimato of ej^penses annually where 
 
 second part of C. 'J\ Act in foict , 082. 
 Municipalities to pay estimates on being notified, 082. 
 Lieutenant-Governor to have power to create license districts in 
 
 districts where C. T. Act in force, 08.S. 
 
 Bond of applicant for tavern license, 084. ^ 
 «' " " shop licouse, 984. 
 
 General form of information, 985. 
 
 Deaoription of offences, 086. 
 
 Information for second, third, or fourth ofTence, 988. 
 
 Summons to witness, 989. > . > i , 
 
 (Conviction for first offence, 900. 
 " " third offence, 901. 
 
 Warrant of commitment for first offence where penalty imposed, 
 992. 
 
 Warrant of commitment for subsequent offences where impris- 
 onment only imposed, 003. 
 
 Declaration of forfeiture and order to destroy liquor seized, 994, 
 
 Description of offence for selling ether liquors by wine and beer 
 licensee, 995. 
 
 Provisional consent to transfer of license by the inspector, 99,5. 
 j^ftto Amend f/i*' Liquor License Act. 
 
 Application for licen.so in towns or cities where Canada Temper- 
 ance Act repealed n(!ed not be filed before Ist April, 1228. 
 
 Manufacturers of native wines exempt from duty only when 
 wines not consumed on premises, 1228. 
 
 Sums imposed for license in excess of $200 divided between 
 Province and municipality, 1228. 
 
 Purchase of liquor from unlicensed person an offence, 1229. 
 Officer detecting offences not inchuled, 1229. 
 
 Extension of prohibition of communication with unlicensed 
 premises, 1229. 
 
 Imprisonment in default of payment of penalty and costs for 
 first offence, 1229. 
 
 Power to pass by-laws pending repeal of Canada Temperance 
 Act, 1229. 
 
 Not to be constiued to extend time for passing by-laws, 
 1229. . K . . 
 
 perancel 
 Canada Temvera«| 
 
 lor 
 
 ^^''^"Ltof Uceuse 
 ^'^fTAct in iorce 
 
 ^•^ISpay^^^^^^^l 
 
 982. 
 
 JORS. 
 
 By-law in restraint of sale cannot be repealed by council alone 
 
 upon incorporation of village, 46. (</) 
 Elections cannot be held in houses where sold, 81. 
 
 See LiyuoK Licenses. 
 
 lY STABLES. ' ' ■■ ' ■'- '' " ■ i 
 
 Police Commissioners to license and regulate in cities, 325. 
 By-laws for regulating and licensing, 465. 
 When county councils to have power of regulating, 467. 
 , Powers of Police Commissioners with regard to, 1206. 
 
 i ASSESSMENT— 6^ee Assessment -By-Laws. 
 IMPROVEMENT DEBENTURES. 
 Surplus in special rates may be invested in, 284. 
 
 !l-fiii 
 
 ip;- 
 
 ;:i 
 
135fi 
 
 INDEX. 
 
 LOCAL IMPUOVKMENTS. 
 
 When leasee of real property may vote on by-lawa for, 227, 
 <.■■■■>■ Form of outli for leaMeludtlor voting on by-law for, 229. 
 Debentures tor may be guaranteed by council, 267. 
 By-lawH for need not bo registered, 260. 
 Form of debentures issued for, .304. 
 C;onsolidiition of del)entures issued for, 304. 
 By-laws for reducing sinking fund or amount required annmli 
 .mH. *' 
 
 Assent of Lieutenant-dovernor required, 378. 
 By-lawH for aaoertaining property benetited, 681. 
 Application of provision to villages, 581. (a) 
 Appeals from assoHsnienta under by-laws for, 581. 
 Houses not fronting on street improved n)ay be beiietitftl i, i 
 581. (h) " 'H 
 
 General by-law may be passed for determining propertv > 
 benefite.1 })y, 582. ' " 
 
 By-laws for le vying and assessing the costs of public worki 
 
 Certain work not included, 582. 
 Rates to be levied on frontage, 582. 
 
 Assessment not to be made where majority of persona inten 
 object, 583. 
 
 Proceeding in such cases, 583. 
 Provision in case of insufficient or excessive assessment 583 
 By-laws regulating time and manner of absessments for, 5^4 
 By-laws for etloctiug improvements where funds provided^ j, 
 divitluals, 585. ] 
 
 When councils to provide for construction of sewers in wh 
 
 in part, 585. 
 Council to provide costs of street intersections, 585. 
 Council to undertake works on petition of owners to be 
 lited, 585. 
 
 When petition sufficiently signed, 585. (k) 
 Jjands l)enetited by drainage works, etc., to be charged 
 
 proportion of costs, 58(}. 
 Corporations whose roads are benefited by drainage to paj 
 
 portion of costs, 580. 
 How cost of Hcw^rs to be estimated, 587. 
 (Jost of constructing branch drains to be included, 58", 
 Property not fronting on street drained to be charged if 
 
 tited, 587. 
 Mode of assessing corner lots for local improvements, 58" 
 By-laws to refund part of special rate for local iniprovw 
 
 cliarged on corner lots, 588. 
 Council may complete works before making assessment in 
 
 cases, 588. 
 How pr()i)ortion of cost determined in special cases, 589, 
 Costs of opening and extending streets, etc., to be char) 
 
 property benefited, .589. 
 ' Municipality may assume proportion of cost, 589, 
 Cost to be provided for by debentures, 589. 
 Assessments to be subject to appeal to County Judge, 
 Cost of bridges, culverts, otc, may l)e assumed by muoicii 
 589. 
 By-laws for issuing debentures in such cases, 589. 
 
 
 hcAl /MPROVKA 
 
 Assent o 
 
 Auossniont o 
 
 <>" street 
 
 Amount 1 
 
 Municipality , 
 
 t'uichaso 
 
 Appeal frc 
 
 Owners may be 
 
 piopei 
 
 iohooxei/ 
 
 Power to borroi 
 
 691, 
 
 Time for repayr 
 
 By-Jaws for mak 
 
 No assessments 
 
 petition or n 
 
 Property clmrgoc 
 
 g;oneral rates 
 
 Cortam by-liiwa u 
 
 Notice of sitting 
 
 iioJders inter* 
 
 fwm and content 
 
 ieud.iys notice of 
 59.3. 
 
 What deemed auffi 
 
 '•eneral descnptio 
 
 wJiere fi„ 
 
 -statement of i 
 
 pared in s 
 
 Statement to b 
 
 Notice of by-l.ij 
 
 Form of tui 
 
 Appeals from .,1 
 
 -'Statement as cci 
 
 i roperty specially ol 
 
 f»i- same piJ 
 
 Exemption mayl 
 
 Petition may ask fori 
 
 ^o«nty Judge to appi 
 
 Bylaw directing »en| 
 
 portion is for lool 
 
 Ao money raised by J 
 
 '"^ applied to loci 
 
 %laM« directiiu, al J 
 
 "lant, 59';. I 
 
 ^ssent of electorJ 
 
 Hepealofsuchbv 
 special rates upcn pr J 
 
 lighting streets, el 
 AMessmentofpIace;? 
 Vhen such assessmeni 
 Mreet,„tersection?e?J 
 muuicipaJity, 598.] 
 
INDBX 
 
 1367 
 
 property may vote on jy ^^^^ .^29. 
 
 P I i,l..r voting on oy "* „-- 
 ^Be\»..Ulcr y" f^y council, ioi. 
 
 ;^,,nture» isBued f^^' J^„„„t required annuillj I 
 „g sinking tun** o' | 
 
 IwH on street imp i 
 
 .dforaeterminingVropertytoJ 
 
 ,nay be IK«««^^ ^^'^ , .. , , 
 
 5«^- -.in. the costs of pubUc work,, f 
 
 :\n Bueii caac», ff " xcenaive asseBsment, 5M, 
 Le of insufficient or eX ^.^ents for 584, 
 
 Sig time am -umer^<;,re funds provided b, 
 
 » ^'^ ''^^'^'if Ire benefited by drainage to pa, 
 
 \ ri"tfb; estimated f^-.„,l„aed. ,«^, 
 Sing braucb d-m^^^^^^^ ,, V>e charged.! 
 ^ {routing on stret 
 
 1 .1 ;m«rovement8, oti. 
 
 p^"^-"?r:;-r^n;rwinipro.» 
 
 >" ^^V^i^^vics wove making asse— in™ 
 
 I"--^^^^'' Sue proportion of cos^^ 
 
 ::K be -t.'^ rv'Set-med by mudop^ 
 U culverts, etc., may 
 
 , V- tnves in such cases, 5»9, 
 I for issuing debentmesm 
 
 llOCAL IMPROVKMKNTS— (CoH<inw<>tZ.) 
 
 ' Assent of electors not reciuired, 589. 
 
 Assessment of lands bonelited by iniprovvineuts but not fronting 
 on street or lane, 500. 
 Amount to be lovied by frontage tux, 590. 
 
 May bt) lovietl by special rate in townships, 590. 
 Municipality may acquire private works, 590. 
 
 Purchase money to be raised as for local improvements, 590. 
 Appeal from assessment to County Judgo, 590. 
 Owners may bo permitted to improve sidewalks etc., in front of 
 property, 690. 
 To bo exempt from taxes for similar improvements. 591. 
 Power to borrow funds from banks etc. , for local improvements, 
 
 591. 
 Time for rcpaynu'ut of loans, 591. 
 
 By-laws for making new assessment where Hrst irregnlar, 591. 
 No as-scssmeuts to be made except on report of engineer or on 
 
 petition or notice. 592. 
 Property charged with local improvements to bo exempt from 
 
 general rates, 592. 
 Oertaiu by-laws not to reouire publication, .')92. 
 Notice of sitting of Court of llevision to be given to property 
 
 hoKlers interested, 592. 
 Form and contents of notice, 593, 
 Teu days notice of Court of Revision to be given in newspapers. 
 
 69.3. 
 What deemed sufficient notice of local improvements, 593. (/) 
 (Jeneial description in local improvements by-law sufficient, 
 where frontage rate charged, 594. 
 Statement of measurements, assessments, etc. , to be pre- 
 pared in such cases, 594. 
 Statement to be open to inspection, 594. 
 Notice of by-law and Court of Revision to be published, 594. 
 
 Form of notice, 595. 
 Appeals from assessments to ( "ounty Judge, 595. 
 Statement as confirmed to be binding, 595. 
 I'roperty specially assessed to be exempt from general assessment 
 for same purpose, 595. 
 Exemption may be for period named in petition, 59G. 
 Petition may ask for arbitration, 596. 
 County Judge to appoint arbitrator, 59f). 
 
 By law directing general rate of assessment to state what pro- 
 portion is for local improvements, 596. 
 No money raised by general rate on property specially assessed to 
 be applied to local improvements until by-law passed, 596. 
 Bylaws directing all improvements to be made by local assess- 
 mant, 59*1. .•;..< 
 
 i\8sent of electors required, 596. 
 Repeal of such by-laws, 596. 
 Special rates upon property benefited for repairing, cleaning, and 
 
 lighting streets, etc., 597. 
 Assessment of places of worship for local improvements, 697. 
 When such assessments may be made, 597. 
 
 Street intersections etc., may be improved out of general funds of 
 municipality, 598. .,,.■.,, • . ;■ ,.i 
 
I :j.'>8 
 
 INPEX. 
 
 1 
 
 geDeq 
 
 LOOAL IMPR()VKMP]NTS— (r'oH<;nt<e</.) 
 
 By-law may provide for iasuo of debentures for inch purpoteii '% I 
 
 Assent of electors not required, 608. ' ^J 
 
 Separate nerics of debeiiturea may be issued, 008. 
 Power to pass by -laws for raising funds neccsmuy for loc^^i 
 
 piovemeiits, r>98. "" ' 
 
 , , ^ Assent of electors not required, 698. 
 
 L)«bt of ntuuicipality nut to be extended lioyonil c»rr I 
 limits', 508. ""■ 
 
 Local iniprovcinent debentures not to form part of general dki 
 
 for certain purposcH, 008. '^ 
 
 By-laws for sweeping, lighting, ..ud watering, 509. 
 Frontage tax may bo imposed for such purposes, 509. 
 Kxtent of powers of municipalities as to draining etc., ateint 
 
 of property benefited, 500. (o) ™' 
 
 Expense otlighting, cleaning, etc., may be paid out of 
 
 funds, fiOO. 
 By-laws defining limits for watering, cleaning, etc., 600. 
 Cutting grass, weeds, etc., 600. 
 By-laws defining limits from which snow, dirt, ttc. , to be reDinr 
 
 600. ^' 
 
 Special rates may be imijosed on property benefited, tKX), 
 By-laws for ligliting and waterworks in townsiiips and villai, 
 
 (iOl. ^' 
 
 Property benefited and amount of special aHscBgmenti 
 be defined by by-law, 601. 
 
 Certain provisions not to apply to such cases, 601, 
 Counties may impose special rates for local improvemeoli I 
 
 townships, 601. 
 
 Proceedings to obtain such improvements, 602. 
 
 Notices to bo posted up and published, 602. 
 Counties may acquire roads in townships and K;vy tpecialt 
 
 for improvement thereof, (J02. 
 
 Particulars tc be stated in such by -lay, 602. 
 < . By-lay to be submitted to vote of electors, (103. 
 
 By-law only to apply to municipalities in whicli it 1 
 majority of vctes. 
 
 By-law, if not carried in all municipalities, may be dron 
 603. " 
 
 Voting to be in accordance with general provisions, 603, 
 Powers of cities and towns to pass similar by-laws, Goi, 
 
 See By-Laws. 
 
 U)CAL MUNICIPALITY.— Defined as used in Municipal Act, 8, 
 iXJCK-UP HOUSES. 
 
 May be established by local municipalities, 336. 
 Prisoners not to be detained more than ten days in, 336, 
 Prisoners should not be unduly detained in, 33(1. (i) 
 May be established by county councils, 336. 
 Purpose of, 336. (g) 
 To be in charge of constables, 336. 
 Who may bo sent to, 339. 
 • Where aln.-ady in existence not to be affected by certain n 
 
 sions 346. 
 
 How expenses t 
 Exempt /roil, ta 
 
 '*>>«• Al,()OM. 
 
 j WlKiER-Not t(. bo rat 
 
 \Wl)OlN(i HOUSICS-n, 
 
 LOOS— By-laws to provtr 
 
 iwHD CA.VIPBKLL'.S A( 
 
 LOTS-By.laws for niimlx 
 
 Ilumbek. 
 
 Abolition of mark 
 By-laws for rcguJn 
 Jtl'.VATIC ASYLUMS^-i 
 lULVATICS. 
 
 Title may be acqui, 
 I>is<iuali(ied from v< 
 
 [jl.lGISTRATES. • 
 
 Powers of in preserv 
 
 To appoint constabh 
 
 Not liable for 8uf!i,rii 
 
 '>eeAi.O()MA, KT 
 
 MALFEASANCE. 
 
 Counf,yJ,„igetoi„vt 
 o4o. 
 
 (.^NDAMUS. : ... 
 
 Proper procedure wli 
 in contesting rii/f 
 
 Wot an appropriate Fe 
 >^ rit III nature of, to 
 
 set aside election 
 
 %"oYtr """'' 
 
 CounciJaiaybeprocee, 
 duly assented to, ' 
 
 Courts will compelJeV 
 t>° application for. Coi 
 
 essinent, 271. (A) 
 
 tertain municipal offic 
 
 ceeded against by. 
 
 County cannot lie comi 
 
 County may be compe/ 
 
 Municipality compXd 
 
 Person injured by^ill"g^ 
 
 •!>>« Highways. 
 
sj'YH—((^(mtinut.<l.) 
 
 viilc for iBBUO of ilcbentures for iuch purpo«e«, t,<A 
 
 ectf»i« ijot recjulred, 598. ' 
 
 ricH of (lebeiiturea may be isBUcd, 598. 
 
 y-lttWH for raisiug fumls ncccBBiiry for loc»l,„ 
 
 lents, 598. 
 
 lectors not required, 598. 
 
 uuicipivlity not to be exton(lc<l beyond ctruj, 
 
 598. , ^ , 
 
 lent debentures not to form part of jjenerM deln 
 
 purposes, 598. . 
 
 iepin«, lighting, ,.nd watering. 599. 
 
 ay bo imposed for such purposes, 509. 
 
 rs of municipalities as to draining etc., ateipeu, 
 
 r benefited, 599. (o) 
 
 iting, cleaning, etc., may be paid out of 
 
 ig liniita for watering, cleaning, etc. , 6(10. 
 wecda, etc., 600. i 
 
 Ig liuiitB from which snow, dirt, etc.,tob€remo\J 
 
 ay be imijosed on property benefited, 600. 
 hting and waterworks in townsliips and vill J 
 
 benefited and amount of special aBsesement i 
 ined by by-law, 601. 
 ovisions not to ajjply to such cases, 601. 
 impose special rates for local improvcmenti I 
 , 001. ' 
 
 u;s to obtain such improvements, 602. 
 "bo posted up and published, 602. 
 acquire roads in townships and levy gpeciali 
 cment thereof, 602. 
 8 tc be stated in such by -lay. 602. 
 be submitted to vote of elector a, (11)3. , 
 
 ily to apply to municipalities in which it U 
 ity of votes. 
 f not carried in all municipalities, may be drop] 
 
 be in accordance with general provisions, 601 
 ies and towns to pass similar bylaws, 603. 
 aws. 
 jITY. — Defined as used in Municipal Act, 8, 
 
 lished by local municipalities, 336. 
 to be detained more than ten days in, 336, 
 uld not be unduly detained in, 33(). (k) 
 lished by county councils, 336. 
 
 36. ig) 
 
 ge of constables, 336. 
 
 sent to, 339. 
 
 ly in existence not to be affected by certain [ 
 
 How expenseg of conv. .,;.. 
 
 Kxe.npt'/ro.„ tl[Zu/^7, ''""""•' ^'' ^° »- 'J«/raye.,. 'Me. 
 Se.f AUioMA, KTc. 
 LODGER-Not to bo rated so as to vote 72 Us 
 
 InHD OAMI'BKLL'S ACT- M.. , "'" "'"• ''^' •»•"• 
 
 Ilumbek. 
 
 |lU.VATICS. '""• '^«- 
 
 Title may be acquired hv o 
 Disqualified from voting, 1 13?'"'*''°" *° '»n,J« of, 372. 
 
 |M.\GISTRATES. ' ; ■ s ■- •,- ■. , 
 
 Powers of in DreHnrvii,.. . 
 To «op,,i„t XSre K?h' ''''"'?°"' 83. 
 
 ilALFEASANOK. , *^"O0. (*) 
 
 ||.^NDAMUS. .,.. ""• 
 
 Proper procedure whore quo warronf 
 
 Judges may make rul^s as to I54 "^ *" 
 
 Person refusing municinal Zk 
 
 201. (;,) ' '"""'^'•P'^1 «'ftce may be proceeded against h 
 Counc. may be proceeded against bv fo . ^* 
 
 Certain municipal officers deeme.l ofH . 
 
 Conntf""^ *«"r * ^y' 320 ^"'^ *'^*^«^« of Courts n.ay be pro 
 County cannot be coninellp^ *« x ^ **" 
 
 County may be comDelK ♦ ^''?''' ^o"*-* house bv itA / . 
 Municipality co^pXd t 1T"^^' ^>'' ^sT £) '''■ <«> 
 Person mjured by illegal arJ^I^/Ew L'f "' ^ ' ^67. 
 
 ^eeniauwA\8. ^ ^ "®®'* ""» resort to, 573. 
 
 r ' '•' 
 
1360 
 
 INDEX. 
 
 ill 
 
 r 
 
 If 
 
 i! 
 
 MANHOOD FllANCHISE. 
 
 See Franchise— Manhood Suffbaok— Votkbs' Lists. 
 
 MANHOOD SUFFRAGE.' an 
 
 Act CO establish in elections to Legislature, 1 132. 
 Property qualification abolished, 1132. 
 Who may vote at elections, 1132. 
 '•(^5! Voter must have resided in Province for nine months, II33. 
 ♦ Voter to be a 6oH<J^rfe resident, 1133. 
 
 vsiii ^^i Temporary absence as student, mariner, lumberman or fish-. I 
 man, not to disqualify, 1133. 
 1 'ri.'i t' Students at colleges etc., 1133. 
 
 Disqualifications, 1133. 
 Tcii When Indians may vote, 1133. , , 
 
 Indians on reserves not to vote, 1134:. 
 -i;;-<L!ii ? Qualification where no assessment roll or voters' list, 1134_ Hi) 
 Who may be placed on assessment roll as voters, 1134. 
 Assessors to make inquiries, 1134. 
 Entry to be made by assessor on roll, 1135. 1.1 . 
 
 Affidavit to be made by assessor, 1135. 
 Complaints respecting list, 1135. 
 
 Persons actjuiring qualifications since return of assessment rollr 
 be added to list, 1 13G. 
 ' iy.'i L. Voters' list when certified to be used at elections thereaftii 
 Penalty for personation of voters, 113(>. 
 What oaths shall be administered to voters, 1136. 
 Person tendering 'aCe may select one of the oaths 'presciib H 
 .!:hf ;> 1137. 
 
 Voters lists and oaths in districts where Act not in force, 1|3' 
 Form of affidavit by person claiming to be placed on n 
 
 voter, 1137. 
 Forms of oaths to be administered to voters, 1138-1144. 
 .V^e Fkanchise— VoTEKs' Lists. 
 
 MANITOUrJN— ^e Distuicts— Voters' Lists. , , , 
 
 MANUFACTORIES. '■ * '' 
 
 By-laws in aid of to receive assent of two-fifths of ratepayers, 
 
 When deemed nuisances, 401. (w) 
 
 Council may exempt from taxation by a two-thirds vote, T,'. 
 
 Restrictions on power to exempt, 277. (a) 
 
 By-laws for preventing or regulating when dangerous onacoi 
 
 of fire, 428. 
 
 See B0NUSE.J— Mancfacxurees. 
 
 MANUFACTUIfERS. 
 
 By-laws for aiding, 356. 
 
 Assent of electors required to, 356. 
 
 Persons interested not to vote on by-laws, 357. 
 Security may be required from, by municipality aiding, ij;,| 
 Municipalities may lend money to, 356. (r). . 
 See Bonuses. 
 
 MANURE— Vehicles laden with, exempt from toll, 999. 
 
 MAPS— -See Toll RoAus. 
 
 Mui: 
 
 Power 
 
 Ought 
 
 Must 
 
 By-la 
 
 Power 
 
 I'owov 
 
 %-Iaws 
 
 By-Jaws 
 
 For 
 
 For 
 
 Foia 
 
 F, 
 
 or 
 
 For 
 
 For. 
 fET FEES. 
 
 By-Jaw.s f] 
 
 in 
 
 
INDEX. 
 
 l^r>EX. 
 
 IE. 
 
 SE— Manhoob SuirirBAOE-VoTEB.s' Lists. 
 
 Ill elections to Legislature, 1132. 
 
 ation abolisheil, 1132. 
 
 t elections, 1132. ^„i.u„ noo 
 
 resided in Province for nine months, 1133. 
 lA/ide resident, 1133. 
 uce as student, mariner, lumberman or fisher. 
 
 disqualify, 1133. 
 !j;e3 etc., 1133. 
 i, 1133. 
 lay vote, 1133. 
 
 rr:«o1i°esTme\r'on or voters' list, 1134. U.J 
 vced on assess.nent roll as voters, 1134. 
 
 ke inquiries, l^^*- , ,,„e 
 ie by assessor on roll, _i l rfo . 
 >iade by assessor, 1135. 
 
 ipotintr lists lloO. , I 
 
 Iig (jualiHcations since return of assessment rollJ 
 
 'n^lTertitied'tobe used at elections thereafter, USi 
 
 ■sonation of voters, 1136. 
 
 ill be administered to voters 1 13b. 
 
 ig ".ce may select one of the oaths 'prescribd 
 
 I oaths in districts where Act not in force, lisj 
 vvit by person claiming to be placed on r 
 
 'io be administered to voters, 1138-1144. 
 
 HISE— VOTEKS' LlHTS. 
 
 (isTUicTS -Voters' Lists. ..i > 
 
 of to receive assent of two-fifths of ratepayers, jjj 
 
 ;rpTf?in UxaSl by a two-thirds vote.2:;,| 
 
 II power to exempt, 277. (a) I 
 ILveuting or regulating when dangerous onaccoJ 
 
 SE..— Mancfactukebs. 
 
 ,iding, 356. , 
 
 of electors required to, rfOD- 
 s interested not to vote on by-laws, 35/. 
 
 be required from, by municipality aulmg,ioJ 
 a may lend money to, 35b. {r). ^ . . 
 
 USES. 
 
 laden with, exempt from toll, 999. 
 
 AU3. 
 
 ,, ,, , ,,,, ,.,,,,,,,!_ v'i'"'''^^'-'''' " 
 
 1361 
 
 MARGINAL NOTES-lEffect of i„ s... . 
 
 MARINERS-^e. Maxhooo SulZT ' ^' ^"^ ''''*'" 
 
 MARITIME COURT. 
 
 County councUs need nnf « ■, 
 MARKETS. "*** P'-^^'^« furniture for. 342. 
 
 Regulations for naa««^ u 
 Market fees not to hi u ^ councils, may be n.,. u ^ 
 
 W'hen fees n^t to be oh . Pursuance of prior 
 
 446. "''^^^^^d though therein 
 
 Hay, straw and wood not to h "« P^-ontract. 
 
 LimiroTtSr^nforced "''^' '^^ '"^^'""^ -^- 
 
 Scale of market fees fir. Jf^f °^ «°«d8 at, 446 
 Scale of fees for weyhfnrort^/''^^''* ^^^ «aie, 447 
 Apphcatio,! of provisWwTth , f '"'i"*' ^7. ' ^^• 
 Fees may be imposed on pi ^^Xh *.'^ T'^^^ ^^es, 447 
 And on person taking a3!.7.""*'^"ly "sing, 440 '' 
 
 Restriction on fees 448 '"^ '^^ '^terfered with, 
 
 Fees not to be chirn^A ' • 
 
 Provision where Z't^^Stl ""'''' '" ^'^^^ts, 448 
 
 Power to regulate sales wherfni f'"" *° ^^th March 1889 ^^« 
 
 Inconsistent enactments notfn". T' ''''^ charged, 449 ^^^' **»• 
 
 Municipalities may lease mn^ f ?P^^' **49. ' *^- 
 
 By-law^ for the esLwKhiSS ^ ^^- '-* ' ' 
 
 Power to establish imnliVaT *' ^^<^- 
 
 Ought not to be estXheST: '' t'^.^uireland and build 4.0 . . 
 
 Povv-er of councils to restr/fL T\ . c • 
 
 Kestnctious of sales of m J ^'''' *^^ (d) i 
 
 Power to establish iHcSJ' "'^""■^'^'•^ held good 451 /^i 
 By-laws for regaIatiL%Treet """^ ■^""^^'•' ^53 («) ' ^ ^ 
 
 By-laws for regulatiut a;,!!' 7"^^'?^. 454. * ' 
 
 For granti^n, Sse's^t tif S" ' •"?*' etc. . 454. 
 
 For preveniine forP<,Kli; °^ '"^a*. 455. 
 
 For regulatinf tho i '"^'. ^*«- ^^G. • ' 
 
 For r.g„i;ti„gv„hi„,„ „ . . °'' ^h"" meMBro. 
 
 KET FEES.-^ee Markets. "'' '^'* «*'^"«. ^59. 
 
 Sfl LANDS. : ' '''"""'"'''''*' '■■'''^■U:,huin^j ,y ,,. 
 
 ByJaw.s for declaring lands to h« 1 , 
 
 1 7 1 *' ^ '^^ ^^ ^'«e'nea enclosed, 474. ' 
 
 'M 
 
 I 1 
 
1362 
 
 INDEX. 
 
 i;ifi 
 
 I 
 
 MARTIN. — See Game and Fur Bearing Animals. ■ i,ii 
 
 MAYOR. ' 
 
 To be the head of city council, 53. ; ' ' ' 
 
 To be the head of town council 64. ■'• 
 
 Qualification for office, 56. 
 
 Nomination of, when and where to take place, 88. 
 . Person elected to till vacancy in ofiice of, to hold office for 
 
 mainder of year. 133. 
 Vacancy in office of, occurring after Ist December may be 
 
 by council, 133. 
 May be remunerated for services, 175. 
 May summon special meeting of council, 176. 
 ' ' •" " ' How special meeting summoned where absent or dead, 1"; 
 To be head of city or town council, 179. 
 Possesses responsibility without power, 180. (.s) 
 ' • ■• ' To act in conjunction with assessment commissioner in anryi' 
 
 ing assessors, eollectors, etc., 190. ^ 
 
 Form of declaration of office to be made by, 199. 
 Penalty for refusing to accept office or make declarations 20i 
 ■ Ex officio Justice of the Peace for the counties in wiiieh m, 
 ' ' cipality lies, 308. (a) 
 
 No property qualification required to act as Justice of the R 
 
 309. ' 
 
 To have certain jurisdiction where there is no Police \hmin 
 
 309. ^ " 
 
 Cannot act as Justice of the Peace where there is a Police l[ 
 
 trate acting, 309. (c) 
 May request J ustice of the Peace to act for Police Magistraiel 
 
 certain cases, 322. 
 To be a police commissioner, .323. 
 To call out jjosse comitatm in some cases, 348, 
 
 See Controverted Elections — Elections— Prime .1[ij 
 
 INOS. 
 
 MEASUREMENT. — By-laws for seizing articles when short, 364. 
 
 MEASURES.— (See Weights and Measures. 
 
 MEAT. r"f ', I ^,.i .: - 
 
 By-laws for seizing and destroying when tainted, 404. 
 _' ' ■ •■ ' For retjulating the buying and selling of animals exp 
 
 ' '■'•■" sale, 405. 
 
 For appointing inspectors for, 405. 
 Exposure of when unfit for food an indictable offence, •105 
 Liability of persons sending tainted meat to maricet, 405, ( 
 By-laws for regulating sale of on streets, 454. 
 • ' * * For regulating sale and weighing of, 454. 
 
 For licensing vendors of, 455. 
 y-''\ , .' Yov sale of upon distress for rent of market stalls, 
 
 MECHANICS. — Establishment of evening classes for, 1219. 
 
 rej 
 
 MECHANICS INSTITUTES. 
 ,V"; . ..T, By-laws for aiding, 356. 
 
 H' 1 . 
 
 J. 
 
 Exempt from taxation, 716. 
 See Free Libraries. 
 
 ■It «.■ 
 
 "<A 
 
INDEX. 
 
 (f city council, 53. 
 ,f town council 54. 
 
 office, 56. . , 1 Qc 
 
 «rhen and where to take place, 88. 
 
 o till vacancy in oitice of, to hold oliice forreJ 
 
 rof] occurring after 1st December may be 
 
 133. 
 
 rated for services, 175. 
 
 )ecial meeting of council, 1/b. 
 
 eting summoned where absent or dead, 177. 
 
 ity or town council, 179. 
 
 nsibility without power, 180. (.s) 
 
 inctionwith assessment commissioner in i 
 
 IS, collectors, etc., 190. 
 
 fttion of office to be made bv. 199. 
 
 isinsr to accept office or make declarations, 21)1, 
 
 ce of the Peace for the coauties m which miir' 
 
 laliti^ation required to act as Justice of the Pe; 
 
 n jurisdiction where there is no Police Magistra 
 
 Justice of the Peace where there is a Police Majl 
 
 ig, 309. (c) . t T. V xr • I 
 
 iTstice of the Peace to act for Police Magistrate] 
 
 ses, 322. 
 
 commissioner, 323. 
 s,se comitate in some cases, d4S. 
 ROVERTED Elections— Elkctions-Pubuc Mi 
 
 By-laws for seizing articles when short, 364, 
 
 EIGHTS AND MEASURES. 
 
 eizing and destroying when tainted, 404. 
 lating the buying and selling of animals exp 
 
 > 405. ^ .-_ 
 
 )inting inspectors for, 405. 
 
 when unfit for food an mdictable offence, 405 
 persons sending tainted meat to market, 40d. 
 regulating sale of on streets 4o4 
 ilating sale and weighing of, 454. 
 using vendors of, 453. , . , „ 
 
 , of upon distress for rent of market stalls,- 
 
 ablishment of evening classes for, 1219. 
 
 MEDICAL PROPESSION-E ^^^'' 
 
 "T.r ,rr-^ --ox«, "~"- 
 
 No business to be nr. '^,'^^^'^ ^rat meeting u i^ 
 
 How „„, ™„,r„1S??tt4"Sg f«- 
 
 Filing of docIarafoM e.. ™««htute a ,„„„„_ 
 
 ^ property thereiS, 5?^"^' '"^^ >"««* « cSes ^nl^A ^^\ 
 
 wSSKtf -r ^" *^- Statutes of M " 
 
 Head of courci?mT; b^tSu^r T'^"-"-!^"?"' ^^^^ (^) 
 
 Ordinary meetings to be on^rr^^^'V ^^5. ' ^^^ 
 
 Majority of members necesCv . P'^^^^"' '^5. 
 
 In councils of five, three m«tf^ ° ^''""^ '^ quorum 17f? 
 
 Heads of councils to preside"?. ''"?.''' ^^6. ' ^^^• 
 
 Head may su^^^on sSecialm..K '"""««' ^^6. , 
 
 i^ight to preside may be enf^ ^^J",^^' ^^6. 
 
 Alf members should\eVoS?t^^ „. 
 
 "here head of council dead or .K 'P.^''^^^ "'^etine iffi ,^\ ^'^ ^ 
 
 meetings, J 77. '^'^ ^'^ ^^sent, clerk may f u^'J^'i • , 
 
 W here special meetings to K. u , i «"n«non special 
 
 Special meetings mavte l^-fl. ^""Y^' ^^7. 
 When reeve or^iepuL ree e '" '^^''^ "'' °P«°. i77 
 Who to preside when hpn!f 1 ""''^ P^^^ide in tomi oV , -n 
 
 Provision in casrofij r"""^^ ^'^'^ *^^p"t^^^^^ 
 fleadof,co„ncirmayvote nr^^'^'S- ^ ^ '"'"^^^bsent, 177. 
 Question negatived on J^ /■ * 
 
 Meetings mafK^ura;rr^^"*^^^ 
 
 .by-laws, 262. ' ^'""^c'ls to be called to Da.« .« * • 
 Notice to be ei ven of «r.. • , ^ '''**"» 
 
 ^>^ Mu.xcxpf. Coclcxr^^ "^^^•"«' for- of notice og^. 
 
 ftlBERS OF MUNICIPAL COUNCILS 
 
 fej:«\^-Sjofco„ncU; ,30. ^' ■ ■ • 
 
 "Xl 
 
1364 
 
 INDEX. 
 
 MEDICAL PROFESSION— (Con«n«erf.) 
 
 Not to receive money from treasurer for work performed, I85 
 
 Disqualified from bem^ auditors, 192. 
 
 Extent of disqualification, 192. (c) 
 
 To certify to copy of by-law to be used at evidence, 217. 
 
 Must not be parties to investments made by council, 287. 
 
 If parties to investments, will be held liable personally for u, 
 
 287. ^ 
 
 Competent witnesses where municipality interested, 316, 
 Liable in such cases to challenge as jurors, 315. 
 • '• !' Contracts with by corporation may be avoided, 320. 
 
 Will be deemed trustees of profits made in transactions with I 
 
 corporations, 320. (I) ' 
 
 Investigations into charges against, 346. 
 
 See Elections — Meetings of Municipal CoUNciLS—Orn I 
 cERs OF Corporations. ' 
 
 MEMBERS OF PARLIAMENT. ; ; m 
 
 Exempt from serving in municipal office, 66. 
 
 MENAGERIES. —By-laws for licensing and regulating, 391. 
 
 MENDICANTS. -By-laws for punishment of, 396. (q) 
 
 MILEAGE. — May be allowed to township and county councillors, I'i I 
 
 MILITARY LANDS. 
 
 By-laws relating to require the consent of Dominion, 512. 
 
 MILITARY OFFICERS— Property of exempt from taxation, 717, 
 
 MILITARY SERVICE. ■ i 
 
 Persons engaged in, exempt from statute labour, 793. 
 
 MILITIA. 
 
 May be called out to aid civil power, 348. (I) 
 
 By-laws for granting aid to, 1207. 
 
 Persons engaged in exempt from statute labour, 793, 
 MILK. — By-laws for licensing and regulating vendors of, 405. 
 MILLER8— Exempt from service in municipal council, 67. 
 MINERALS. 
 
 Sale or lease of, under roads, 537. 
 
 Prerogative right of Crown to gold and silver mines, 53 
 
 MINISTER*^ OF THE GOSPEL. , .. . , 
 
 Exempt from serving iu municipal office 66. 
 Stipends of exempt from taxation, 721 . 
 
 MINK. — 'Ve Game AND FuR-BEARiNo Animaus. 
 MINORS. 
 
 By laws for preventing sale of liquors to, 394. 
 ■ Act to prevent minors frequenting billiard rooms, 1025, 
 See Children — Infants. 
 
 MINUTES. 
 
 Record of, to be kept by clerk of council, 181. 
 To be open to inspection by any person, 182. 
 
 " Qo to have 
 cipaJities 
 
 Town 
 
 councils 
 
 Appointment oj 
 
 Auditors' detaii 
 
 dustries, Jj 
 
 "edemption of i 
 
 i revision wherj 
 
 an arbitrate 
 
 Power of com, 
 
 Maintenance of 
 refuge, l2oi 
 
 JowertopurchJ 
 judicial puH 
 
 J>-Wsforaid/E 
 ,7Jf tocontrac 
 Matters that ma 
 
 Appointment 0/ « 
 ^eesofvaluatorej 
 frosts of awards 
 Appointment of , 
 
 vviiat award shall] 
 
fi— {Continued.) 
 
 oney from treasurer for work performed, 186. 
 
 1 being auditors, 192. 
 
 foTby ";wt b-sed at evidence 217 
 
 lis to investments made by council, 287. , 
 
 estmenSrwill be held liable personally for los^ 
 
 18, 320. (I) . . oAa 
 
 ,F Corporations. I 
 
 lervinjj in municipal office, bb. 
 
 aws for licensing and regulating, 391. 
 
 aws for punishment of, 396. (q) 
 
 flowed to township and county councillors, \'A. 
 
 ing to r^uire the consent of Dominion. 512. 
 RS-Property of exempt from taxation, 717, 
 
 g!d in, exempt from statute labour, 793. 
 
 d out to aid civil power, 348. (I) 
 S:d1atp^Jom;tatutela^^^^^^ 
 • licensing and regulating vendors of, 405. 
 from service in municipal council, 67. 
 
 '^U^S'c^u^o^id and silver mines, 531, 
 
 HE GOSPEL. , ^ «. 
 
 m serving in municipal office 66. 
 exempt from taxation, 7^1. 
 
 AND FUR-BEABINO ANTMAL.S. 
 
 iiLDREN— Infants. ,,,,,.. ^j,„. , . 
 
 to be kept by clerk of °o"°"\ If ^• 
 n to inspection by any person, 182. 
 
 iNDEX. 
 
 1365 
 
 MISDEMEANOURS. 
 
 Constable cannot arrenf u,;+i. . 
 
 I MONOPOLIES. ^' '*'*^' **' 
 
 Sl^uHotte^S f;^^^^^' 212. 
 Definition of, 21.3: 7/) ^ 
 Ancient statutes rfiln«^ * „ 
 
 ImONHMENTS. '"™"<"'-"»- markets, 4M. 
 
 '*e Boundaries, ., '^ 
 
 lfOOSE-S«e GaMK AND FUR.BBARI^0 ANIMA.S 
 
 BORTMAIN, STATUTES OP " ' 'ii. |. 
 
 Municipal corporations subject to 173 / r'^"'' 
 MUNICIPAL AMENDMENT ACT. ' ' ■ ' 'a 
 
 Commencement of Act 12n^* V : , i i - 
 
 Meaning of "electors," 1204* ' ' ' '' 
 
 To™tSLZ«°^^2f^^^^^^^^ Wl-e™ two „,„,,. 
 rtustries, 1205. '"*"'™' '» ''^ "••n^ittert to B„«,a„ „, l„ 
 
 po.eT Stria j I ?"• *■' ™'"— - 
 
 1206. "*" "' P»"» with regard to liven, ...ki 
 
 MainleDanoe of person, ,ent bv 1 , "'""T'teWes. 
 
 „ refuge, 1200!^ '™' ^y local munioipaiiliea to house, of 
 
 Poiver to purchase lands and „„. u .,.,. 
 
 >d,cial purposes, ?20a "*' ■""'<«"«« '"' municipal and 
 
 ^jlaws for aiding rifle a«,«,nn;„*; 
 
 Power to contract for the su; ^rV" """*'«' ^207. 
 
 Matters that may be referrecffoLf ^*f '''' ^^^''tric ight 1207 
 
 Appointment of valuators in J ^^^^^ arbitrator, 1207^ ' ^^• 
 
 Fees of valuators, I2S8? P^**'" "' ««^« arbitmtor, 1208 
 
 I'Osts of awards, 1208. 
 
 Appointment of arbitrafni-o « * ^ . 
 
 liability, 1208. ''"'''''' "«* *« ^e deemed an admission of 
 What award shall specify, 1209. 
 
 * I 
 
 ■trl AM, 
 
 ^j mi 
 
 f if 
 
 
1366 
 
 INDEX. 
 
 m 
 
 MUNICIPAL AMENDMENT ACT— (Continued.) 
 
 Election not to bo avoided by improper sub-division of muni^; 
 pality, 1209. '^' 
 
 By-laws for appointment of night watchmen, 1209. 
 
 Levying special rates for expenses, 1209. ' 
 
 * Petition of ratepayers required, 1209. :. 
 
 SVC Signatures to petition to be proved, 1210. 
 
 Liability of landlord or tenant for such rates, 1210. 
 By-laws providing that provisions respecting erection of bridn 
 over rivers forming boundaries shall not apply to rivers Ip! 
 than 80 feet wide, 1210. 
 Maintenance of bridges after passing such by-law, 1211, 
 Laying out streets in cities and towns, 1211. 
 By-laws for straightening, etc., streams dangerous to bridges, 12ii 
 By-laws respecting improvements on streets between two niuni 
 
 cipalities, 1211. 
 Court of revision for hearing appeals against drainage asses^mpnfi 
 1212. ^ 
 
 '■,;. Arbitrators not to act as court of revision of drainage asse* 
 ments, 1212. 
 Contribution to maintenance of drainage works, 1212. 
 ' Applications to set aside notice to municipalities to make draii 
 
 age rei^airs, 1212. 
 Costs in cases of vexatious notices, 1213. 
 • f' Costs to be a charge on lands benefited, 1213. 
 Motions for mandamus, 1213. 
 ' • i.:; Appeal to Divisional Court, 1213. .!..;* 
 
 No appeal for costs, 1213. 
 
 Maintenance of drainage works by municipality commenciim 
 same, i .■!«). 
 '. Drains used by other municipality than that constructiDg, I2ii 
 
 Costs of constructing drain in connection with pavement 
 
 down as local improvement, 1214. 
 Assessment of real property adjoining parks, etc., for niainttt 
 '' ance thereof, 1214. 
 
 County by-laws for purchase of fire-engines, etc., 1215. 
 By laws for aiding bridge companies, 1215. 
 Adjustment of school matters when territory added td mm 
 ""..i'''. pality, 1215. 
 
 Compensating county where gaol used as a lock-up, 121G, 
 I' Selection of jurors for Toronto and county of York, 1216. 
 
 County Judges to have jurisdiction with respect to immii 
 elections, 1217. 
 
 Appeals to High Court in such cases, 1217. 
 Confirmation of previous judgments, 1217. 
 
 MUNICIPAL CORPORATIONS. 
 
 Acts of lUtra vires absolutely void, 9. (c) 
 .u . f 1 Actions by and against, 9. (c) 
 Common seal of, 9. (c) 
 " ' Powers of, to contract and be contracted with, 9. ((•) 
 f . Powers to be implied from words of incorporation, 9. 
 Property may be held by, 9. (c) 
 Properties of, 9. (c) 
 Rights of when authorized to trade, 9. (c) ;' ■ 
 
 [j/U;VICJPAL 
 
 No po 
 
 Powen 
 
 Subjecl 
 
 Within 
 
 Mem be; 
 
 Can ox 
 
 207 
 
 Liable fi 
 
 Not linh 
 
 imp, 
 
 -^I;iy mai 
 
 of ej] 
 
 .A7ay sue 
 
 t'liqui 
 
 Cannot re 
 
 Wien pen 
 
 Who 
 Office; 
 
 may 
 
 rs, et 
 
 Exception 
 
 Cannot ent( 
 
 iiionihe 
 
 To be deem 
 
 To be ^ailty 
 
 m. (a) 
 
 -tl'iy be suer 
 
 seal, 33. 
 
 ^ot liable fo 
 
 May unite in 
 
 Liiible to offi] 
 
 Investigatior, 
 
 To ;n,iko conJ 
 
 Reason for pi 
 
 Power of .•i,jd1 
 
 -Vot responsilj] 
 Property of, 
 
 •'^'^c Anmt 
 DraiT 
 rjo.v.sf 
 
 CoRpJ 
 
 flCIPAL COUJvJ 
 
 nciPAL cou^'^ 
 
 Local govei-ninj 
 J^"o ciiuiot ha{ 
 power to acl 
 
 May p, 
 
 iiss resoli 
 
 Jemb^rs of, mn 
 iVo (hscretion as 
 
 W"' Compomi I 
 In counties, 50 
 
 
INDEX. 
 
 ENT ACT— {Contimied.) 
 
 30 avoided by improper sub-division of munici- 
 
 intment of night watchmen, 1209. 
 
 ;ial rates for expenses, liU». 
 
 itepayers required, 120y- 
 
 , petition to be proved, 1210. 
 
 aSdlord or tenant for such rates, 1210. 
 
 e that provisions respecting erection of bridges 
 
 Sming Lundaries shall not apply to rivers les, 
 
 StesXr passing such by-law, 1211. 
 fa in cities and towns, lUH- ^ , ., 
 htening,etc.,streams dangerous to bndges,l2ll, 
 ng improvements on streets between two mud. 
 
 ^for hearing appeals against drainage asaessments. 
 
 to act as court of revision of drainage 
 
 maintenance of drainage works, 1212. 
 
 set aside notice to municipalities to make (Iran. 
 
 1212. 
 f vexatious notices, 1213. 
 arge on lands benehted, l-i.i- 
 ttdamus, 1213. 
 lional Court, 1213. 
 
 rlrai^nag^e works by municipality commenciD|| 
 
 other municipality than that constructing, 12ijJ 
 ructing drain in connection with pavement |»l 
 cal improvement, 1214. 
 real property adjoining parks, etc., for maiDt«| 
 
 ffor^iurchase of fire-engines, etc., 1215. 
 ling bridge companies, 1215. 
 school matters when territory added tu uiqd,^ 
 
 county where gaol used as a lock-up, 121G. 
 rurs for Toronto and county of \ork 121b, 
 's to have jurisdiction with respect to muniad 
 
 1217 
 
 o High Court in such cases, 1217. 
 
 sion of previous judgments, 1217. 
 
 )RATIONS. 
 
 vires absolutely void, 9. 
 
 d against, 9. (c) 
 
 contict and be contracted with 9. (c) 
 implied from words of incorporation, 9. 
 r be held by, 9. (c) 
 
 . 9. (c) . ^ , , ,„ Q 
 authorized to trade, 9. 
 
 INDEX 
 
 1367 
 
 {<^) 
 
 (0 
 
 en 
 
 (c) 
 
 Imjjnicjpal corporations ,n . 
 
 I ^^«P-er to Chang ri"" ??:'"''''•> 
 
 Powers, to be exerci«,!'r?T' ^ ^^^ 
 
 Subject to legisSie'onlrre'lv/'*- 
 
 n ithm the operation if fk ^^^ 
 
 Members of councils to be Itt'"^' ""^ Mortmain 1 7q u,. 
 
 ^»" -- no p«"™X"1,r?i;:f J? • 
 
 Liable for acts done »n^ ^ legislature, 
 
 Not liable for deb?;i""J J^d in "*""• ^'^ -<'«r, 209 (rf) 
 nnposed, 268. (rf) "'^'^^'^ ^" Previous year for whti 
 
 May maintain actionj against offio , '''*" 
 
 of enquiry, 288. (a) °'"^«^« ^^^ obstructing commit • 
 
 May sue for monev ,i,,J,. i. ■ . ^ commission 
 
 ^ enquiry, 28^^" '"*"'*''«*'^nding issue of commissi , 
 Cannot regulate crini nil n,.^ j °ommiesion of 
 
 Exception as to counties 315 Proceedings. 
 
 Cannot enter into purchases Li 
 
 To^un^ofcont:-r-s^«rj;^^^ 
 
 ^^Sj.-3i^&?""- -ourt house .oughZlr'' 
 Not liable for rooms enlaced . , • "'*"'^'^«'- 
 
 May unite in establi.slSfiV''Tff^«^- courts 3S4 /^ 
 Liable to officers receivE^i^ "P house, 337. ' ^^*- ^"^ 
 Investigations of ch.-rgesaS^f "f^'" '"adequate offices ^41 / m 
 To make compcnsatiof for Cf * ,'^?^'^«''« ^f- 34G. ^'''' ^■'^- ('0 
 Reason for permitting exproi ri.K t" °'' "'J»red, 367 
 Power of appointing neceSr^ffi^" ^' f^' ^^^ 
 Xot t^:U ble for acts of li ^''^"'^^^^ '^'''^^^'^ 
 
 CORPORATrONS. ^ ^'^ ^'**^'^CJI'.S--0M70EBH OF 
 
 NICIPAL COUNCILS ^i^lors. 
 
 Local govoniing bodies, 19. („) 50 l.^ ' ' 
 
 In counties, 50. ., 
 
 yih'i 
 
 h f 
 
 til 1 -Will 
 
 ¥ ' Mil 
 
 f.v' , '•'•I 
 
 r 
 
 JS ,1 I,. 
 
1368 
 
 INDEX. 
 
 MUNICIPAL COUiiClLS— {Continued.) 
 
 Reeves and deputy reeves to file certilicates of election and 
 number of voters, HI. 
 
 Clerk may reject certificate for informality, 61. (y) 
 
 Name of same person not to be counted more than once in 
 counting voters, 52. 
 
 Form of certificate, 52. 
 
 Certificate merely evidence of qualification, 51. {y) 
 
 Form of declaration as to number of voters, etc. , 53. 
 In cities, 53. 
 In towns, 54. 
 * In villages, 55. 
 
 In townsliips, 55. 
 In provisional corpoi*ations, 65. 
 Qualification of Members. 
 
 Must be British subjects, 5G. 
 Must be males of 21 years, 56. 
 Who are to be deemed aliens, 56. (b) 
 Indians being British subjects qualified, 56. (6) 
 Man may qualify upon wife's estate, 57- 
 Legal or equitable estate sufficient, 58. (f/) 
 Property not mentioned on assessment roll not available, 58. (j) 
 •V \' Administrator cannot qualify on estate of deceased, .'JS. (^) ] 
 ..' ! Roll, how far conclusive, 58. (h) 
 
 Eflfect of encumbrances upon qualification, 58. (A) 
 Qualification required in villages, 59. 
 
 Towns, 59. 
 i:i<l.. : ij' t'."i Cities, 59. :> ■-^■•:.^"i> ■„' A'.r,-<'\ •-.. 
 
 Townships, 59. 
 Effect of sale of property rated on qualification and oath, 60 
 *' Leasehold " defined, 60. 
 Provision where no assessment roll, 61. 
 If only one person in municipality qualified, 61. 
 Dinqnalific.ation. 
 
 Certain officers and other persons disqualified, 61, 62. (h) 
 
 When objection to be taken, 63. (p) 
 
 Shareholders in companies dealing v/ith corporations not dit 
 
 qualified, 64. 
 Lessees for 21 years from corporation not disqualified, 66, 
 Exemptions. 
 
 Officials and persons exempted, 66. 
 
 Distinction between disqualification and exemption, 67. (a) 
 General Poioers. 
 
 Jurisdiction confined to municipality represented, 207, 208, 
 Corporations can only exercise power over their members for tii| 
 
 accomplishment of defined objects, 207. (n) 
 Powers to be exercised by by-law when not otherwise providd 
 
 for, 208. ] 
 
 By-laws have same force in municipality as an Act of Parliamej 
 
 has generally, 208. (c) 
 Courts recognize powers of councils judicially, 208. (c) 
 Council cannot do by resolution whatever may be done by 1 
 
 law, 209. id) 
 Council has general power to make regulations for proceediij 
 
 210. 
 
 Of new town or ci( 
 Ofmmucipalcorpoi 
 May be given to w« 
 
 J 70 '^ef CORPOBATK 
 
-{Co7itinued.) 
 
 )uty reeves to file certilicatea of election tnd 
 
 voters, 51. , ... ri / » 
 
 ct certificate for mformahty, 61. (o) 
 person not to be counted more than once in 
 oters, 62. 
 
 ely evidence of qualification, 61. (y) 
 ation as to number of voters, etc., 53. 
 
 orations, 55. • ' 
 
 •a. 
 
 bjects, 50. 
 
 1 years, 56. 
 
 med aliens, 56. (h) 
 
 ieh subjects qualified, 56. (o) 
 
 ipon wife's eatate, 57- 
 
 estate sufficient, 58. (f/) 
 
 ioned on assessment roll not available, 58, 
 
 aot qualify on estate of deoeaseil, 58. {h) 
 
 lusive, 58. (h) . kq /i.v 
 
 tnces upon qualification, 5s. (n) 
 red in villages, 59. 
 
 operty rated on qualification and oath, I 
 
 ned, 60. 
 
 o assessment roll, 61. 
 in municipality qualified, 61. 
 
 d other persons disqualified, 61, 62. (n) 
 
 o be taken, H3. {p) 
 
 jompanies dealing v/ith corporations not dii 
 
 ,rs from corporation not disqualified, 66, 
 
 jns exempted, 66. ..„„,, 
 
 en disqualification and exemption, 67. (a) 
 
 ned to municipality represented, 207, 208. , 
 only exercise power over their members to: tU 
 eut of defined objects, 207. {«) 
 rcised by by-law when not otherwise providd 
 
 le force in municipality as an Act of Parliameij 
 . 208. (c) 
 
 powers of councils judicially, 208. (c) 
 o by resolution whatever may be done by I 
 
 ral power to make regulations for proceed 
 
 INDEX. 
 
 1369 
 
 New council to takfm"'"^ b"^y. 212".' ^'"^ 
 
 212. ^"^^ "P «na complete business nf r. , • 
 
 Councils may fix am„ * . ''"^'' °^ Preceding year, 
 
 ^ license traders, 212 ^'"^"^^ ^^es where anf., • . 
 
 Councils may not Jra. f " „ ,. authorized to 
 
 Councils may not cranf .« 
 
 What are deemed SonnH^^P?'"'' 212. 
 
 (9) 
 
 Right of council to le.o.ate frn "' '° '''*''*^°* ''^ 
 
 Councils may era ,t eiS«f ■ «*■*"* "f ferry nriviu «, 
 
 216. ^ ^^ ' exclusive privileges to Sea n ^f '•' ^^^- <*) 
 May not run ferries betw«Pn . • ' " *'''''"«• 
 
 May hear persons obSrtn''*r '=°»»«««. 216 
 Shall not pass bv-lawflif^^- .'i^'"*^'" by-law^ 21 « 
 
 Powers m such invef tigation^W*/"^* "'^'"bers, 346 
 
 Not to pay over purchase monevwH-" ^^^ 
 
 interest, 37.3. ^^ ^"^'^e grantor has nof oK 1 . 
 
 Not bound to see to the application of • . '' 
 
 See. A.GOMA, etc - Bv f.! '"*''''' P«»d. 374. 
 
 OF Corporations. ^ ^^^^**«Arioxs-OPFich-R« 
 
 «™iPAL ELECTlOy,S.-,^ee E..c„oxs 
 llUXrCIPAL LOAN FUND-^, f,,,, J* -^ < -'V. 
 
 KUSEUMS. .?.« Frek LiBRARrEs. 
 (USIC HALLS --By-laws for spn • 
 
 See Public Et;ui>xNo«. ""^ ''*^*'°'* '^^^•^^"t^ by fire. 413. 
 USKOKA. 
 
 USKRAT-^.. Game AM. Fur BEARmc Animals. 
 
 &ME. 
 
 Of new town or citv ma^r u • * 
 
 via 
 
 I" IJ 
 
 { ' 
 
 ;' ' .. ii 
 
 ^il 
 
 
 I 
 
 
 
 '11 
 
1370 
 
 INDEX. 
 
 NATIVE WINES— AVe LiguoK Lioknsiw. 
 
 NATUHALIZATION — Neocssary* to (luiilify for municipal council, 50, 
 
 NAVAL OFKICEHS— Property, etc., of, exempt from taxation, 717. 
 
 NEaLlOKNCK. 
 
 Effect of tondcr of umcnda or payment into Court in actions for, 32(j 
 iSVe HidiiWAVs. 
 
 NEGOTIATION— SVf. DiaiUNTUKKs. 
 
 NEW CORPORATIONS. 
 
 Area of limited, 16. 
 
 By-law of incorporation when illugnl, Ifi. (/■> 
 
 Disposition of pr(ti)orty and debta of on separation, 17. 
 
 How area and population of, reckoned, 17. 
 
 Annexation of, when lyini,' within two or more counties, 17. 
 
 Liabilities of, on incorporation how adjusted, 18, 19. 
 
 Hy-law8 ill force at time of formation continued, 45. 
 
 By-laws respectinj^ roads and streets continued in, 46, 
 
 Liability for tlebts at time of detachment from union, 4(). 
 
 Adjustment of debts when formed by addition of territory, 47 
 
 Debentures to be issued for debts to bind old and new nmiij' i 
 
 palitics, 47. (x) 
 Assessments for year preceding detacliment from union, 48, 
 Special rates for debts continued to be levieil, 48. 
 Sections as to arbitration upon formation not applicaHe to sch(< 
 
 board, 48. (y) 
 Amount paid in excess of lial)ility upon detachment to be recover I 
 
 able, 49. ' 
 
 What officers antl councils to have jurisdiction in, 49. 
 Effect of separation upon public officers and sureties. 49, 
 General provisions as to public ofBcers aiil sureties, 49. 
 Right to recjuire new security from public officers not affectwl 
 
 by, 50. 
 
 Sec Amkjma, etc. —Towns— Villagrs. 
 
 NEW COUNTIES.— .S^ee Provisioxal County Corhok.vtions. 
 NEW MUNICIPALITIES. 
 
 To be bodies corporate, 14. 
 
 Liability for debts incurred prior to formation, 46. 
 
 Who to vote in al)sence of assessment roll, 75. 
 
 Who to vote where no voters' list includes, 75. 
 ;• , When first election to be held in, 78. 
 
 Voter m.iy be recpiircd to state qualification on oath, 85, 1 
 
 Voters' list for first election in, 99. 
 See Nkw Cobpokations. 
 
 NEWSPAPERS. 
 
 Vendors of, when children, to be subject to police cominiflsioDM 
 3'it;. 
 
 " NEXT-DAY."— Defined for purposes of Municipal Act, 9. 
 
 NIAGARA FALLS. 
 
 Special provision for numbei of licensed hotels at, 905. 
 
UOR TilOKNHKM. 
 
 cHsary to <iimlify for municipal council, 50. 
 )erty, etc., of, exemvt frnin taxation, 717. 
 
 mends or payniont into Court in aotiona for, 320. 
 
 ration when illegal, 10. (^'^ 
 pcrty and tlebta of on separatum, 17. 
 ulation of, reckonea, 17. 
 icn lyinj^ witliin two or more countiea, 17, 
 ucorporation how ailjuHted, IS. Ip- 
 t time of formation coutmueil, 45. 
 ir roaila and Htreets continued ni, 4(). 
 J at time of detachment from union, 46. 
 bts when formed by addition of territory, H 
 issued for debts to bind old and now munirj 
 
 rear preceding detachment from union, 48. 
 
 lebts continued to be levied, 48. 
 
 )itration upon formation not apphcaMe to scho 
 
 Ixceas of lial)ility upon detachment to be recovw | 
 
 1 councils to have jurisdiction in, 49. 
 on upon public officers and sureties 49. 
 IS as to public officers and sureties , 49. 
 new security from public othcers not affect- 
 
 , ETC. -Towns— ViLLAORs. 
 
 ; Pkovisional County Cobpokations. 
 
 ES. ■ ■■■ ' '-" ■:! ; 
 
 •porate, 14. .a 
 
 Its incurred prior to formation, 46. 
 
 absence of assessment roll, 7r>. 
 
 lere no voters' list includes. 7f>. 
 
 Dion to be held in, 78. 
 
 eciuired to state qualihcation on oath, 8o, 8 
 
 first election in, 99. 
 
 'ORPOKA'riON.S. 
 
 en children, to be subject to police comini8smi| 
 led for purposes of Municipal Act, 9. 
 on for numbei of licensed hotels at, 905. 
 
 INDEX. 
 
 SmiT WATCHMEN. -.?«. Mitxicp * 
 
 NOISl'X *HICTH. 
 
 Bylaws for reffulutin., ,„. . 
 I When doemed^nuS J ijr'"*'"^' '*"' " 
 
 NOX-REHIDENT.S. *' v^itLAUE.s. 
 
 DisqiMliHed for munini^ni ^n 
 
 Where to vote for nllv . "'"''«• ««• 
 
 Annmil estimates to bo mc^llZhT^f '^"P"*^ "-^^^^ 10.? 
 
 fONRESIDENT LAND PUNi) c . ' 
 
 fOTICE OF MOTION -To frv r ,- "^''-""^"^^vs. 
 
 fOXIOUS WEEDS. 
 
 Act to prevent snread nf .. • 
 
 ^ ^ fruit trees, ff "' "-'«»« vveeda and diseases affectin. 
 
 Interpretation, 1021. anecting 
 
 " Non-resident land " •< i> • i 
 Duties of owners an.l occumntr'f f' ^"•^«' " 1021. / 
 
 To cut down Canada 'fl Si ^""''*'' ^^-1- 
 
 „, weeds, and l.uSock ft "'^"^^ ^"'«y. "^ild oats ra. 
 io cut out and Im,.,, i.i i , '• ' *^ 
 
 To cut dowirtJcts K bv'<^ '";V^^^ - f""t trees 1021 
 Extensi.m of operation of Act f^ y«""«'«." I02I. ' '"^'• 
 
 l)y-law, 1021. "^"^ *" «th«'- weeds and dia«.«.„ u 
 
 Municipal councils may or shdl • ^^ 
 
 1021. ^^ "" ^'''''' '^Jponit inspector to enf... a 
 
 Exemption by by-law of w. . I' or to enforce Act, 
 
 Duties of insjecfor ;:^ ' wSw ^"r ;^^"P'«'» ^^''ds. 1021 
 Inspector not to cut (low ,3 ^\ '^^-- 
 
 Account of inspector'r;i;'lrL'"-^' «"«'" ^^'^^ grain 1022 
 of resident lands, 1022 ' '''' S'^'«" *« owner Sr oLZl 
 Appeal to council where amount d.. i occupant 
 
 Procee.hng in case of no,, mvm« f ?^'^ excessive, 102S 
 Expenses of iuspector i,? caS? n ''^ ''"J"""*' 1023. 
 
 *' Wm,„. ^"'" "*'•■'■'■» '» enforce AH, 1024, 
 
 1371 
 
 '' f" 
 
 ft ' 
 
 m 
 
1372 
 
 INDEX. 
 
 NUISANCES. 
 
 Ai to whuthor bowling nllova moy bo (loomed, 292. {b) 
 By-lawM for provontiiiR and abating public nuisanooH, 397. 
 Publio iind ])rivato nuiaanoeit «HRtinguiahod, 897. (0 
 What may bo deemed, 397. (<) 
 RemedicHagfiiiiHt, 397. (0 
 
 By-IawH for oBtablialiing, regulating, and cleaning welU, etc m I 
 For tilling up wells, etc., 40O. ' ^| 
 
 For preventing or regulating certain noxious trndet ml 
 What trades have boen held to be, 400. (w) '^1 
 
 By-lawa for defining limita within ^hich certain animalu mu.. J 
 kept, 401. ^"P 
 
 For regulating or prevonting ringing of bella, etc, ^ll 
 Certain noiaea deemed to be, 401. {y) ' j 
 
 bonding tainted moat to market may be deemed, 406. (r) 
 Uae of explosives near highway may be deemed, 423. (h) 
 Obstruction of highways deemed, 433. ( p) 
 By-lawa for regulating trades which are deemed to be, 475. 
 Prohibited in police villages, 619. 
 
 See Public Hkalth. 
 
 NURSING— .SV INFANTS. 
 
 til 
 
 OATHS. 
 
 \. , II 
 
 ^!i 
 
 B!:' 
 
 
 To be taken by voters, 83. . 
 
 Penalty where constable refuses to take, 83. 
 
 Form of, for freeholder claiming to vote. 84. 
 
 Form of, for householder and tenant claiming to vote, 85, 
 
 How to bo adminiHtered at elections, 87. 
 
 Who may administer to deputy returning officer, voting wj, 
 
 stationed, 104. 
 If administered to voter deputy returning officer to note fwi 
 
 voters' list. 106. 
 Refusal to take, by voter, to be noted on liat, I0<). 
 New election to be held where member of council refmaj 
 
 take, 132. , 
 
 Hesitation by officer to take, not to bo deemed neglect orrefJ 
 
 1.32, (H) 
 Refusal to tiike amounts to refusal of office, 198. (e) 
 May be adminiatoed by certain officers, 200. 
 To bo subscribed by persons making, 200. 
 Persons administering to certify to, 201. 
 Of freeholder voting on by-law, 228. 
 Of leaseholdor voting on certain by-laws, 228. 
 Of leaseholder voting on local improvement by-laws, 229, 
 To be taken by arbitrators before acting, 296. 
 Not required from certain persons acting as Juoticejaj 
 
 Peace, 309. 
 Convictions under by-laws to be under, 312. 
 Of police constable, 330. 
 To De administered by heads of councils on disputes aj toil 
 
 ways, 520. 
 Of qualification and office to bo taken by police trustees, i 
 Form of, for deputy returning otficer at close of poll, 631, 
 
 [oaths of off 
 
 (oats. -Abolition 
 j0W£CTlONS-.y, 
 |0/«CEiVl.: LANG I 
 
 miRuvTim I 
 
 CCASIONAL AH 
 
 ^ot to disc 
 
 •yee Ma 
 
 bfPEN.SIVE TRaI 
 
 fFFICL'IW OF COf 
 
 QtittliticatioM 
 
 VVho (lisyiial 
 
 '•'Xoniptions / 
 
 WscJainjoi- of 
 
 ^Vhc-re uropei 
 
 fonnofdecirt 
 
 Unnofc exercii 
 
 insufficient qn 
 
 ivarratUo i 
 
 Members r« tr 
 
 . tion, J 99. 
 
 _ i*'onnof, I 
 
 i^eclnratiou of 
 
 Form of, 
 'loturning offi> 
 tions, J 99. 
 ,|jefore whom di 
 
 J <» subscribe oa 
 Penalties for re 
 ,, , etc., 20J. 
 ijefusaltoaccejj, 
 ^aymenioffi„e 
 Council to settl, 
 J^orporation can 
 Aot entitled to c 
 therein receipt! 
 %-laws fixir/s,' 
 ^J^y be indenuii 
 Apponitiuenfc no 
 Solicitor enin;oV( 
 204. ' 
 
 Tenure of office, 
 Duties of, 205. 
 t-ratuitios may h 
 •^ay bo removed 
 
 Ci 
 
INDBX. 
 
 1373 
 
 
 rrt. 
 
 , voters, 83- ^^ take, 83; 
 
 V to votcv deputy ,nK 1 
 
 [11 ^-'"- »■■"■"" ""'""'"*"'* 
 
 . W ol office, 198. W 
 
 r-dcr by-laws tobe under, 312. 
 
 Utered by x.v police trustees. 
 
 t dev«ty returmuK 
 
 OAT H 9t—{f^'>ntin urd, ) 
 
 Form of, for agontH at voting on by-laws, (!32. 
 Form of, for voturs in Algomu, utu., G37, 
 
 St". AsHit«8MKNT—I)KCLARATioNH— Manhood Suffraoe 
 OATHS of OFFICE- AVe Okfiokus ok Cohi-okations. 
 i^;^l<g, —Abolition of marlctit fotis upon, 440. 
 iOBJECTIONS— *>« By-lawh— Elkotions. 
 JOIWCENK LANGUAGE.— By-laws for Hiipprossion o', 398. 
 IBSTBUCTING POLL— .S'e« Elkotions. 
 ICASlOxNAL ABSENCE. i 
 
 Not to disentitle farmers' sons to voto, 73. 
 See Manhood Suffrauk. 
 iFFENSlVE TRADIOS— Sfc Noxioith Thadks. 
 
 IFFICEKS OF CORPORATIONS. , . 
 
 Quulitioation of, 56. 
 
 Who disquftlifietl to b«, (51, fi2. (n) fi2. (o) 6.3. (/>) 
 p]xoinption8 from service as, 66. 
 Disclaimer of ottice by, 150. 
 
 Wliure property (lualifiuation required, to take declaration of, 197. 
 B'orm of decliiratum of qualiHcation, 198. 
 
 Cannot exercise functions until declaration has been made, 198. (a) 
 Insufficient qualification of aldermen may bo a ground for Quo 
 
 warranto proceedings, 198. 
 Members c' township councils may take an alternative declara- 
 tion, 199. 
 Form of, 199. 
 Declaration of ottice to be made by officers, 199. 
 
 Form of, 199. 
 lieturning officers and deputy returning otficers to make declara- 
 tions, 199. 
 Before wliom declarations of otlicc, etc. , must be made, 200. 
 To subscribe oaths, etc., 201. 
 Penalties for refusal to accept office or administer declarations, 
 
 etc., 201. 
 ilefusal to accept office an indictable offenceat common law,201. (p) 
 Paynieuu of fine not to excuse trom acceptance, 202. (s) 
 Council to settle salaries in absence of legislation, 202. 
 Corporation cannot take away fees fixed by charter, 203. (h) 
 Not entitled to compensation unless expressly given, 203. (c) 
 Where in receipt of salaries, cannot claim for extra 8ervice8,203. (c) 
 By-laws fixing salaries of, can-'ot be treated as contracts, 203. (c) 
 May be indemnified by corporation, 203. (c) 
 Appointment not to be made by tender, 204. 
 Solicitor employed by corporation at a salary may recover costs, 
 
 204. 
 Tenure of office, 205. 
 Duties of, 205. 
 
 Gratuities may be given to, in certain cases, 206. 
 May be removed from office at any time, 200. (g) 
 
 li 
 
 ir 
 
 
 I. 
 
1374 
 
 INDEX. 
 
 '•'■ 
 
 
 
 OFFICERS OF C0RP0RATI0N8— (CVm<inMerf.) 
 
 Corporations may accept security of guarantee companies for %i, l 
 Upon .'icoepting such security existing bonds may he cancelltd'ofi? 
 Not to act as arbitrators where municipality interested, 205 
 Competent witnesses in proceedings by or against corporatjf 
 
 Liable to challenge as jurors in such proceeding, 316. 
 (Jounty Judge to investigate charges of malfeasance, etc. ^( 
 Powers of Judge in such investigation, 347. {j) 
 County Judge to investigate charges of misconduct, 34(i. 
 Powers of Judge on such investigations, 347. {j) 
 By-laws for appointment of, 351. 
 Only necessary olHcers to be appointed, 352. {e) 
 Power to appoint includes power to remove, 352. (/) 
 By-laws for fixing fees, etc., of, .M53. 
 Duties of, to be fixed by by-law, 353. 
 Security of, to be fixed l)y by-law, 353. 
 Duty of councils to provide for payment of, 353. (h) 
 ■ ' ■'•■ To be dcotned officers of courts for certain purposes, 319, 
 
 How procecde<l against in such cases, 320. 
 
 >cfi AuJO.MA.ETC. — A.ssKsaoit.s — AuiiiTOK.s— Clkuk— C'l 
 ToKH— Dk['i;tv IIkkve— Head.s ok Councils— M^jy 
 
 RkKVK — TliKA.SITKER — WaRI>KN. 
 
 OIL WELLS. 
 
 
 Act respecting abandoned oil wells, 1097. 
 
 Owner of oil well injured by water in abandoned well mavaj 
 
 to council tf) close well up, 1097. ' " 
 
 Council may order engineer to report as to closing up abaiid/. 
 
 well, 1098. 
 If engineer reports that well should Vte filled up, report i 
 
 sent to owner, 1098. 
 When complainant may till up abandoned well, 1098. 
 
 O.VINIBU.SKS. 
 
 Police commissioners to license owners of, when used ki i 
 325. ' 
 
 By-laws for regulating and licensing, 465. 
 
 ONTARIO MUNICIPALITIKS FUND. 
 
 Surplus money derived from may be applied for wh 
 
 purposes, 285. 
 How such moneys maybe invested, 285. 
 
 ONTARIO TRKK PLANTING A(JT-6>e Thkes. 
 ONTARIO SHOPS REGULATION ACT-<9<e Shops. 
 
 OPERA HOUSE.S. — By-laws for securing against accidents byliBJ 
 Set Public liLiLUiNOH. J 
 
 ORCHARDS. 
 
 Not to he taken for cemeteries without consent of owneiil 
 Se.p. Tkkes. 
 
 -ORDNANCE LAND.S. 
 
 Roads passing through, not to be interfered with by conoi 
 
 ORQAmZAl 
 onPHAN AS 
 OTTER-Scc { 
 
 DUTliUILDm 
 
 0VEN8.~Iiy.i 
 
 OVERSEKHH ( 
 
 Ry-hwt 
 For fix I 
 
 Alember 
 
 •Vee 
 ]V\VNER. 
 
 Who to I 
 
 Deemed t 
 AJ caning < 
 
 Wien rat( 
 munic 
 -y^'c A 
 
 }XEYED DAISY 
 
 iRENTS-.Sce Va 
 IRKS. ■"«'■' 
 
 %-Iaw8 for 
 Police protec 
 %-lawsfori 
 Fori 
 
 n ^'"'' 1 
 
 Mempted frJ 
 
 IRY SOUND A.vl 
 
 Cartain provi-j, 
 Act to iriako fl 
 
 ^iien/fs to peij 
 „ •"»'"' in .saji 
 ireaNiircTs of .^ 
 
 Mtiskoka 
 «ectio,i IflOof, 
 
 JUen Iand.s to 
 
 Lists to be tran) 
 ^^ben sale of J/J 
 
 r. '^»'. i]92. 
 
 t'^"*«na"t-Gov| 
 
 ' ^^"W'C'ationofal 
 
 Section 33 of thJ 
 
 ''>>« Ax.(,oma| 
 ^^AGE8.-E2crnil 
 
'ORATlO'ifiii— (Continued. ) 
 
 nttv accept security of guarantee companioB for/., 
 Jsuch security existing bonds may be cancelled a^ 
 IrWtrators where municipality interested, 295. 
 itm^HHes in proceedings by or against corpomio,, | 
 
 Ifnoe as iurors in such proceeding, 316. 
 toTnJesllJgate charges of mal feasance, etc., 3,1. 
 W. in such investigation, 347. U) 
 , to investigate charges of ""^^"^l."^*' »'*'•• 
 Ige on such investigations, rf4/. {J) 
 ppointmentof, 351. 
 •y officers to be appointed, 3oi. (O 
 oint includes power to remove, do2. (J ) 
 ixiiig fees, etc., of, 353. 
 be iixed by by-law, 3o3. 
 to be fixed by by-law, .{53. 
 icils to provide for payment of, 35.1 (h) 
 d officers of courts f(.r certain purposes, m. 
 led against in such cases, .^20. 
 
 >MV KTC — AHSKSSOB.S— AUUITOUH— CLKHK-Colu 
 
 s-DKPt-TV Hkkve-Heads okCouncils-Mavh 
 BVK— Tkkahukkr— Wari>en. 
 
 ng abandoned oil wells, 1097. ' ' '' ,, 
 vvell injured by water in abandoned well n 
 ui\ to close well up, 1097. 
 r order engineer to report as to closing up akndd 
 
 ^cM)ort8 that well should be filled up, rfcp(,rt J 
 
 ilXant inay'lill up abandoned well, 1098. ' 
 
 missioners to license owners of, when used fori 
 
 r regulating and licensing. 465. 
 
 'IPALITIES FUN1>. 
 
 oney derived from may be applied for cA 
 
 moneys may be invested, 286. ; 
 
 PLANTING M'T-See Tkees. 
 
 ? UEOUI.ATION ACT -.«?'€ Shops. 
 
 . — By-laws for securing against accidents l)yfin,j 
 UBUC Buildings. I 
 
 taken for cemeteries without consent of owneaj 
 'rbeh. 
 
 NDS. 
 
 ssing through, not to be Interfered with by connci 
 
 »kdex. 
 
 ORGANIZATION OP MUNICIPALIT/E. . ^^^^ 
 
 ORPHAN A.SYLUM8-E,empted froTt 7 ^'''''^' '''' 
 
 .>UTBUILDINGS.-,Vee Firk! '^''*''''''- 
 
 OVENS.— Uy-Jaw« to reculnfl' 
 I ..VERSKKHS OF HlXlw" " ''°- "'• '''■ 
 
 lovVNER 
 
 Joi fixing fees, etc. of 35?' 
 Members of corno,7.f ;,;,'• 
 
 •Ve. Nox,(/j;;"(\J;,",';^"''^y '^ct ae, 352. 
 
 Who to be deemed o^ i. 1 
 
 Deemed to be oceupanrof'whol??"'^ *« ^*>te. 69 (/.. 
 Meaning of, in relation to fT,. n ! •^''"«^' ^2. (/)* "''• ''^'^ 
 When rated .sexeraJIywth ?"'*"' ""^ ^^'■'"♦''•^' sons -^ 
 
 'Sf'c A.s,sKs.sME.v. '^*^^d Within 
 
 k.EYED DAISY-,..e Nox,ous W^k^s^ 
 
 iRENTS-.See Vaccination. ^.- ,■ :^ 
 
 ARKS. ^*: -;■'■ ^:'f .- .-; 
 
 BRY SOUND AND MUSKOKA ^ ' ' ' 
 
 Certain provi^jor ^ lii «•- 1' ' ' 
 
 Act f. ,U, further pmvt'"" """""'"'"ror. „„t .„ „ , 
 
 li»k.., I1!I0 I'"'"""" revectiiig I'.irrn, .'■'''j'' 2.1.1. 
 
 Lists to be transmitf^ I * *"'^'' "' arrears for fhn. 
 When sale oflS"?,?!*? ^7"'' ^^9'- ^'•'*'"''' *^»i. 
 
 1191. 1192 ^^"«koka and Parry Sound f . . 
 
 Lieutenant-Ciovernor m 1. **"" P^""*'. 
 
 PuWication of mlvertisem^entsT ^1'"'' "^ ««!«. 1192 
 Section 33 of the Act rZfl^ ^ ??'*^'' ^ ' 92. ''''• 
 
 ONAGES.-L,ompted from taxation, 721 
 
 f 
 
 I '3 
 
 
1376 
 
 INDSX. 
 
 PARTNERSHIP PROPERTY.— See Assessmbnt. 
 PARTRIDGE.— Sfee Game AND Pub-Bearing Animals. 
 
 PARTY WALLS. 
 
 Bylaws to regulate and enforce erection of, 42S. 
 Regulations as to must be strictly followed, 429. ( j) 
 Meaning of, 429. {j) 
 Property in, 429. (j) 
 
 PASSENGERS.— .9ee Highways. 
 
 PATH MASTERS. 
 
 Penalties recovered in police villages to be paid over to, 619, 
 To expend such penalties in improving roads, etc., 620. 
 See Assessment — Snow Roads. 
 
 PAUPERS.— Disqualified from voting, 1133. 
 
 PAYMENT INTO COURT. 
 
 May be made by defendant corporation in action for neL'l 
 ■ 320. 
 • : Effect of, 320. 
 
 May be directed where lands expropriated and grantor nag 
 absolute interest, 373. 
 
 PEACE, PRESERVATION OF— 5'ee Constables— Electigns-PouciI 
 
 PEDLARS. —See Hawkers and Pedlars. 
 
 PENALTIES. 
 
 Where constable refuses to act at elections, 83. 
 
 May be sued for, in any ccurt of competent iurisdictiA, 
 
 83. (x) '" 
 
 On failure of clerk to furnish ballot boxes, 96. 
 Elector subject to, for voting twice for mayor, etc., lO,'). 
 For taking vote of person declining to b'j sworn, 106. 
 .; On deputy returning oflScer omitting to initial ballot papers 
 
 For misfeasance by officers at elections, 124. 
 For violating secrecy of voting, 125. 
 For candidate guilty of corrupt practices, 164. 
 For bribery or undue influence, 164. 
 Recovery of penalties for corrupt practices, 165. 
 Division Court has jurisdiction, 165. (w) 
 Not recoverable for bribery, etc., where party charged has t 
 
 cuted party jointly liable, 168. 
 Upon clerks for not making due returns to the bureau of Indiut 
 
 182. 
 Upon treasurers for not making returns to bureau of Industrieilj 
 For refusing to accept office or make or administer declaran 
 
 201, 362. 
 Only applies to qiialified persons, 201. (n) 
 Power to make by-laws includes power to enforce by, 209, 
 For violating secrecy of proceedings on voting on by-laws, 
 Not to be affected by repeal of certain by-laws, 263. 
 For failure to send annual report to Lientenant-Governorii 
 ,T' • debts, etc., 287. 
 
 PENALTIES- 
 
 For defi 
 
 nici 
 
 Recover 
 
 By- law 1 
 
 Mode of 
 
 Imprison 
 
 Jurisdicti 
 
 Corpora] ; 
 
 ment 
 
 When imi 
 
 Award of 
 
 Conviction 
 
 Effect of p 
 
 Defendants 
 
 Power of m 
 
 To be Jevie( 
 
 Warrant to 
 
 Municipal c, 
 
 finprisonmei 
 
 Justice 
 
 tommitment 
 Detention of 
 
 Apphcation o; 
 Persons intere 
 By-laws of po 
 B.''-Iaws for in 
 Strict construe 
 Jfust be reaso. 
 bylaws may b 
 By-Jaws for col 
 For obstructim 
 ^a municipal o 
 tration Act 
 See A.S.SKSSJ 
 
 ING A.N 
 
 -Pou( 
 —Shop 
 
 flTENTIARY-Exe, 
 bmo ACTION. 
 
 SI0XS-i;nder$200 
 
 CfiOTAGE.-_Treasu 
 80NAL PROPERTY 
 Kqualization of, t 
 
 KatestobecaJou 
 bylaws may i,, 
 
 See AssBasi. 
 
late and enforce erection of, 428. 
 
 ;o must be strictly followed, 429. (j) 
 
 I. U) 
 h U) 
 
 Bred in police villages to he paid over to, 619, 
 penalties in improving roads, etc., 620. 
 MENT— Snow Roads. 
 ed from voting, 1133. 
 
 ly defendant corporation in action for negli 
 
 d where lands expropriated and grantor has cod 
 iterest, 373. 
 
 'ION OF— 5ee Constables— Eleotions-Pouci 
 
 £EBS AND PeDLABS. 
 
 »le refuses to act at elections, 83. 
 
 lied for, in any ccurt of competent jurisdictioul 
 
 lerk to furnish ballot boxes, 96. 
 t to, for voting twice for mayor, etc., 103. 
 ;e of person declining to b<5 sworn, 106. 
 urning officer omitting to initial ballot papers, 1 
 ce by officers at elections, 124. 
 secrecy of voting, 125. 
 guilty of corrupt practices, 164. 
 [• undue influence, 164. 
 lenalties for corrupt practices, 165. 
 t has jurisdiction, 165. (to) 
 )le for bribery, etc., where party charged has pn 
 •ty jointly liable, 168. 
 or not making due returns to the bureau of Indnstii 
 
 ers for not making returns to bureau of Industries,! 
 to accept office or make or administer declaratf 
 
 to qualified persons, 201. (n) 
 ke by-laws includes power to enforce by, 209, 
 secrecy of proceedings on voting on by-laws,!* 
 ected by repeal of certain by-laws, 263. 
 ) send annual report to LieutenantGoveraorij 
 «., 287. 
 
 INDEX. 
 
 ?mALTIES~(Cor,emued.) '^^^ 
 
 For default in makinir 
 
 Jurisdiction of Justices ^/.r^^ent, 31i:"'"^^°"«^«d. 311. (6) 
 Corporal punishment suhrf ♦ f^^Pec* to costs qn / v 
 
 ment of costs? 3,1?% *"*'^ ^''' ^oes not eitenS' to 
 When imposed by by.];^^ „„ **"'* *° non-pay. 
 
 Award of oenalfw o.X i ' ^'2. 
 OonvictionWeX,7^,?««*/. 3J2. 
 
 Effect of penalties fo;^triv 1"'^'^]' ^^*"«^«, 312 
 Defendants competent w/tne£i"^ *° informer, % (h^ 
 
 Mumcipal councils cannot ^ . . 
 Imprisonment in defa ,*• nf ^"i**«' 313. m 
 Justice may be s«e,l a '*/'"'' ^IS. 
 
 com.itni^rK'^^ij^u^::^^^^ , 
 
 Detention ofpartywh'n"*'"^' '^^4- (") 
 
 m.Jn)^ "'"'"^*'»^»'^'''awn„p„,^. , 
 
 Apphcation of penalties, 314 P '"^y ^e by parol. 
 
 Persons interested in tnhl 
 
 By-law,s of police coimnissfoner^^'*'"? witnesses, 315 
 Bv-Jaws for infliction of „p to «KJ^" ^"^"'•«ed by 327 
 Strict construction of nou/^ l '*^^' 361. ^' ^'^• 
 
 Muf be reasonable, 361^;^" '"«'«*' 361. («,) 
 By-lawsmaybeenforcedbv%fio 
 By Jaws for collection of hv^A • x^" 
 For obstructing dra?.is57[^'^*'*^-^«' 362. 
 On municipal ofl5opi'fl ^„ i \. 
 
 trati JAcf ?4i^ "««^-*-g cUitfes under Debentures Re • 
 -See A.s,sKssMENT~DoGs Pn ""^ures Reg,g. 
 
 I TNG ANrMAr.,S-HlCmwr;'"J!f,^-G!AME AND FUR-BEAU 
 
 — Police ViLLAfp^i^^^'^ *'^NTs~Lronn» rf ^"" 
 
 pTENnARY-E«„p.e, ,„„. .,,.,„;;7 ''■™- 
 mm ACTION.-Kffect of ' 
 
 |:ENTAGE.-Treasurer may be paid by, 183 
 SONAL PROPERTV. 
 Kqualization of «-n ,.^ • 
 
 't 'M 
 
 .f i 
 
1378 
 
 INDEX. 
 
 on 
 
 IP 
 
 I 
 
 P 
 
 See Dkainaoe— i'lTBUc Health. 
 
 PERSONATION OF VOTERS. 
 
 To be punishable by imprisonment, 124. 
 See Manhood Suffraob. 
 
 PETTY CHAPMEN. 
 
 By-laws for licensing and regulating, 416. 
 Definition of, 416. (n) 
 
 PHEASANTS. — See Game and Fur-bearino Animals. 
 PHYSICAL INCAPACITY. --5ce Incapacity. 
 
 PIGS. 
 
 By-laws for regulating keeping of, 401. 
 
 By-laws for prohibiting driving of, on streets, 443. 
 
 PLACES OF WORSHIP. 
 
 Assessment of, for certain local improvements, 597. 
 Exempted from taxation. 714. 
 
 PLANS. 
 
 By-laws for production and inspection of, 360. 
 Deposit of, constitutes dedication of highway, 478. (a) 
 
 PLEASURE GROUNDS. 
 
 Not to be taken for cemeteries without consent of owner, 3J{ I 
 See Public Parks. 
 
 PLUMBERS. — By-laws for licensing and regulating, 413. 
 
 POLICE. 
 
 Who to be clerk of police office, 322. 
 ., .? ,., Remuneration of clerk of police office, 322. 
 
 Police offices to be established in cities and towns, ,S22. 
 Police Magistrate or person acting for him to attend atd 
 
 daily, 322. 
 Of whom composed, .327 . 
 
 Officer of can only exercise powers conferred by statute, SUJ 
 Powers of, as constables, 328. (7) 
 Members of force to be appointed by commissioners. 329. 
 Not to be less in number than the uommissiuners deem i 
 
 sary, 329. 
 Oath of office of, 330. 
 To be subject to control of board, 330. 
 Council to provide for reinuner.ation of, 330. 
 Appointment of, where there is no board, 331. 
 Boards in towns may in certain cases be dissolved bycnuiial 
 ,^ Powers of county and township constables, 332, 
 
 ' ' ' ' Arrests made by, for offences not committed in their 1 
 332, 332. (b) 
 Rights of salaried constables to fees, 332. 
 By-laws for establishing and maintaining police force, mJ 
 " for aiding superannuation or benefit funds for,4 
 u)C See Constables — Elections— Police Com.mjssiom 
 
 Lie Health. 
 
 .--■•,:>/ i.it / -f}) ji 
 
 POLICE BO^ 
 6 
 
 POLICE COM 
 
 By-law 
 Board of. 
 
 County 
 
 citi 
 
 I*rovisic 
 
 Council 
 
 Examina 
 
 Privilege 
 
 Majority 
 
 Meetings 
 
 To have r 
 
 Only body 
 
 ^«ay impo 
 
 Jlay not ti 
 
 ^o power i 
 
 325. ( 
 
 Council to ( 
 
 ^0 regulate 
 
 326. 
 How by.], ^ 
 %-iaws of n 
 J,o regulate i 
 io appoint n 
 Members of f 
 ,W fix salar 
 '0 make regi; 
 CoastabJes to 
 ioobtai„fro,j 
 Should furnial 
 «en'edy agai,J 
 Dissolution of J 
 Council to apt 
 J^»«;organi.i 
 ^-ffect of suspa 
 '^'ee MvNid 
 
 JCE AfAGlSTitAJ 
 
 Pisquahfied fo J 
 
 May take decial 
 
 Mayor may tryf 
 
 *Viien cities ami 
 
 JfaybeappointJ 
 
 Jansdiction of } 
 
 Jfo attend daily] 
 
 To be police cofl 
 
 'i}E TRUSTEE. 
 
 f^ Penalty for refu J 
 • «>« Police 
 
 -'«st^ 
 
.^.^A rUU-Ofl 
 
 ^^^' , 124 
 
 3y imprisonment, y^ 
 
 ,i„g and regulating. ««• 
 TY.-SeelNCAPAOiTV. . 
 
 hibiting ariviufe 
 
 ?• ertainlocalUuP— ^"'^'''''' 
 for certain I 
 
 ft taxation. 71*- , 
 
 Sore....*-"-— "'°™"*' 
 
 f strate or person 
 
 p22. „p.- *«rrpi\ by statute, SIS. 
 
 imposed. »-'-.e powers conferrea > 
 
 an only e»«[^^' s-fg. l^/)^ nnuussioners. 329, I 
 
 U29. 
 
 ^°t ?o S'rol of V^oard, 330 '^^ 
 lect to cult rptnuneration ui> „, 
 
 .adeby, tor«ff«" .002 , 
 
 332. {b) ^t^v,k8 to {«««'. Jf4 police force, d 
 salaried co« ^^^ niaintauimg P ^^^^^^ j^^^ 
 
 ^IC HEALTH. 
 
 INDEX. 
 
 1379 
 
 POLICE BOARD— Moneys of not within control of council, 193. {y) 
 See Fire Companies. 
 
 (a) 
 
 Magistrate, to compose in 
 
 (e) 
 
 POLICE COMMISSIONERS. 
 
 By-laws of, u«ed not be sealed, 217 
 Board of. 
 
 County Judge, Mayor, and Police 
 
 cities and towns, 323. 
 Provision if office of Judge or Police Magistrate vacant, 324. 
 Council may dissolve board, 324. 
 
 Examination of witnesses and enforcement of attendance 324, 
 Privilege of witnesses before, 324. 
 Majority to constitute quorum, 324. 
 Meetings to be public, 324, 
 
 To have power to license certain trades and occnpations, 324. 
 Only body having power to regulate livery stables in cities', 325. 
 May impose charge on street cars, 325. (/) 
 May not tax vehicles hauling into and out of city, 325. (/) 
 No power to control vehicles kept by merchants for their own use. 
 
 325. (/•) 
 Council to exercise powers iu absence of, 326. 
 To regulate and control children engaged in certain occupations 
 
 326. 
 How by-liws of to be authenticated and proved, 326. ' ' ' 
 By-laws of may be enforced by penalties, 327. 
 To regulate number of police force in cities, 328. 
 To appoint members of police force, 329. , ^., 
 
 Members of force to hold office during pleasure of, 329. ' ' ' ' 
 May fix salaries of members of force, 329. (r) h ; • ,-, 
 
 To make regulations for police, 330. 
 Constables to be subject to, ,S30. ' ^'- 
 
 To obtain from council wages and supplies necessary for force, 330. 
 Should furnish account of expenditure to council, 331. {v) 
 Remedy against council refusing proper supplies, 331. (v) 
 Dissolution of, in towns, 3.32. 
 Council to appoint constables in absence of, 332. 
 Until organized, mayor may suspend constables, etc., 333. 
 Effect of suspension on powers and salary of constable, 334. 
 
 See Municipal Amendment Act— Police. 
 
 ICE MAGISTRATES. 
 
 Disqualified for election to municipal council, 62. 
 
 May take declarations of office and qualification, 200. 
 
 Mayor may try cases under by-laws, in absence of, 309. 
 
 When cities and towns shall, and may have, 309. (d) 
 
 May be appointed in counties and districts, 309. (d) 
 
 Jurisdiction of Justices of the Peace in counties in absence of,310. 
 
 To attend daily at police office, 322. 
 
 To i)e police commissioner in cities and towns, 324. 
 
 ijE TRUSTEE. ' -'' 
 
 Penalty for refusing to accept office or make declarations, 201. 
 See Police Villages. 
 
 
 Pi 
 
 m 
 
 , 1; 
 
1380 
 
 POLICE VILLAGES. 
 
 INDEX. 
 
 11 
 
 
 
 
 Existing Villagea. 
 
 Existing police villages, oontinued, 609. 
 
 Uncertainty as to boundaries of unincorporated villages, 609, i 
 New Villages. 
 
 New villages, how created, 609. 
 
 Definition of unincorporated village, 609. (6) 
 
 Truateeit, and election of. 
 
 Present trustees continued, 611. 
 
 Number of trustees to be three, 611. 
 
 Qualification of trustees, 611. 
 
 Proviso where less than six persons qualified, 612. 
 
 Qualification of electors, 612. 
 
 Where first election of trustees to be held, 612. 
 
 Trustees to appoint returning officer and place for subseqBt»i 
 
 elections, 612, ^ 
 
 No election to be held in a tavern, 612. 
 Time and place for nominations of trustees, 612. 
 Provision for nomination falling on Christmas Day, 613. 
 Who to preside at nominations, 613. 
 If no more candidates than offices, nominees to be deck 
 
 elected, 613. 
 Poll to be held if demanded, 613. 
 Names of nominees to be posted up, 613. 
 Returning officer to obtain list of voters, 613. 
 Clerk of township to furnish alphabetical list of voters, 613, 
 List to be attested by declaration, 614. 
 Provisions with regard to elections of councillors, corrupt i 
 
 tices, etc., to apply, 614. 
 Keturuins officer to have a casting vote, 614. 
 Powers of returning officers, 614. 
 Term of office of trustees, 614. 
 lieturning officer to return ballot papers, etc. , to clerk veiii 
 
 under oath, 614. 
 How vacancies in olHce to be filled, 615. 
 Trustees to appoint an inspecting trustee, 615. 
 
 Duties of TruatHVH. 
 
 Trustees to take oaths of office and qualification, 616. 
 When firfet meeting of trustees to be held, 616. 
 How expenditure to be provided for, 616. 
 Kate to be levied upon property in village, 616. 
 
 Not to exceed one cent in the dollar, 616. 
 Assessment where village in mere than one township, 616, 
 'J'ownship treasurer to pay out money on order of trnsteei,(| 
 When orders for payment may be given by trustees, 61", 
 Trustees to enforce regulations as to prevention of lire, nui 
 
 etc, 617. 
 Inspecting trustee to sue for penalties, etc., 619. 
 Penalty for neglect of duty by trustees, 620. 
 
 When prosecutions to be commenced, 620. 
 Prevention of Fire. 
 
 Proprictora of houses to provide ladders from roofs, 61", 
 
 ■■^m^i^. 
 
INDEX. 
 
 1381 
 
 ages, oontinned, 609. 
 
 30undariea of unincorporated villages, 609, 
 
 ' created, 609. 
 iorporated village, 609. (6) 
 
 /•• 
 
 ontinued, 611. 
 
 s to be three, 611. 
 
 isteea, 611. 
 
 i than six persons quahned, 612. 
 
 jctors, 612. 
 
 )n of trustees to be held, 612. 
 
 it returning officer and place for subaequJ 
 
 held in a tavern, 612. 
 
 )r nominations of trustees, 612. 
 
 liuation falling on Christmas Day, 613. 
 
 t nominations, 613. 
 
 iidates than offices, nominees to be declj 
 
 demanded, 613. 
 es to be posted up, 613. 
 to obtain list of voters, 613. 
 [} to furnish alphabetical list of voters, 613, 
 d by declaration, 614. 
 •egard to elections of councillors, corrupt pij 
 ? apply, 614. 
 
 to have a casting vote, 614. 
 ing officers, 614. 
 trustees, 614. 
 
 • to return ballot papers, etc. , to clerk veii 
 614. 
 
 n office to be filled, 615. 
 lint an inspecting trustee, 615. 
 
 ; oaths of office and qualification, 615. 
 
 ;ing of trustees to be held, 616. 
 
 •e to be provided for, 616. 
 
 d upon property in village, 616. 
 
 led one cent in the dollar, 616. 
 
 ;re village in mere than one township, 616. 
 
 Lirei to pay out money on order ot trustea,J 
 
 r payment may be given by trustees, 617. 
 
 )rce regulations as to prevention of fire, m 
 
 tee to sue for penalties, etc., 619. 
 lect of duty by trustees, 620. 
 lecutions to be commenced, 620. 
 
 louses to provide ladders from roofs, 61" 
 
 WCB ViLLAGES-(Co«,i„ued ) 
 
 Fires not to be built unless in „ K- " '' enclosed, 
 
 How gunpowder to be kept, 619 
 Gunpowder not to be sol/atn gilt, 619 
 
 Filth and rubbish not to be thr«„ • 
 Pemltles. ^' *^'^''"'" '°to streets, etc., 619. 
 
 For violation of nroviqinno t^ 
 
 For violation of regulatSis .« Prevention of fire 617^«ifi 
 For throwing filthS?:,?: e?c^"rTo"^^^*^^' ^'^ 
 Inspecting trustee to sue for In i7-*^^^- 
 Penalties to be recoverable h^fr^^' ^^9. 
 
 Summary convictions before Tn.?*i°^« of the PeacP fiio 
 
 See Algoma, etc? '"^rees to be commenced, 620. 
 
 Provisions for absence or death „, . 
 
 returning officer, 82. ""■ " "'"™ini! officer or deoutv 
 
 "''»!?.«-' -^ "■^'•-'"^^at.on . to „3o o, vo..„ 
 See Algoma , etc. - By r a w= c 
 
 . CLERK. -,ee B.-.«v,-E«eJ„~ '"™'"'-''""-"* ^ ■■■"=.». 
 
 Same assessor and coMpot^^ ^ 
 
 By-kws for dividin; S a?/""* "• '""^^ *han one 190 
 To be the same for P^Jv'ncial andt^''?" '"«« i"to. 376 * 
 ^.. ByJ^ws-EuccS. "^ """"'^'P*! elections, 377. 
 
 By-laws for granting aid in relief of %« 
 t HOUSES. lor, .^68. 
 
 Who may be sent to, 339. . ^ 
 
 Exempted from taxation, 716. ; '■ 
 
 
 I-', w 
 
1382 
 
 INDEX. 
 
 Jfi 
 
 
 PORCHES.— By-lawi for the removal of, 435. 
 
 PORT ARTHUR. 
 
 Special proviaion for number of licensed hotels at, 905. 
 
 POSSE COMITA TU8. 
 
 Mayor may call out in certain cases, 348. 
 
 Meaning of expression, .348. (/) 
 
 Circumstances under which mayor may call out, 348. (/) 
 
 POSSESSION. 
 
 Not sufficient to qualify for municipal council, 57. (/) 
 
 Of Crown land not sufEcient to qualify for municipal office, 60 
 
 POSTMASTEKS. — Posting up of voters' lists by, 1162. 
 
 POST OFFICKS. 
 
 Annual financial statement of municipalities may be posted ui 
 195. ' 
 
 POULTRY. 
 
 By-laws for seizing and destroying when tainted, 404. 
 ■' No maritet feea to be charged for, unless proper place of jj|,| 
 
 provided, 4^6. 
 
 Trespass by, 1092. .., . 
 
 POUND-KEEPERS. 
 
 By-laws for appointing, 351. y , 
 
 For fixing fees, etc., of, 353. ■■; , 
 
 See Poc.NDS. 
 
 POUNDA(»E.— iSVf Executions Against Municipal Corporations 
 POUNDS. 
 
 By-laws providing for, 407. ' ' ■•••">•'••- 
 
 Not to be inconsistent with certain statutes, 407. 
 To be deemed the custody of the law, 407. (t) 
 Position, duties, and liabilities of keepers, 407. (t) 
 ' ' ' Keepers entitled to notice of action, 407. (t) 
 
 By-laws for restraining and impounding certain animals 
 
 at larjge, 408. 
 Power of impounding must be expressly conferred, 408. (/i 
 By-laws should provide for notice, 408. {j) 
 By-laws must bo exactly complied with, 408. {j) 
 Keeper will forfeit protection of law by illegal sale, 408. ni 
 By-law restraining all animals from running at large noti 
 
 reasonable, 408. (j) 
 Keeper and person directing both liable for illegal sale ■..„ 
 By-laws for appraising damages done by impounded cattle[<i4| 
 By-laws for determining compensation for services rendered iji 
 
 pounding cattle, 410. 
 Liabdity of owner of cattle^ etc., doing t'amagc, 410. (i) 
 / ct rfBpecling pounds. 
 
 Act may be superseded by municipal by-laws, 1091. 
 '^' Where Act to be in force, 1092. 
 
 Liability of owner for dama.ge by animals running at large, 1 
 What animals may be impounded, 10S2. 
 
 H 
 
 TOVUDH-iContinueti 
 
 Trespass by g. 
 Where animal 
 Pound keeper 
 .Agreement wii 
 When iinimals 
 
 109.3. 
 
 Distrainer to n 
 
 If owner unkm 
 
 Duty of clerk f 
 
 When notice ni 
 
 Notice of sale t 
 
 When sale may 
 
 Notice of sale m 
 
 Notice of sale u 
 
 Keeper to food i 
 
 Recovery of vftj 
 
 Other mode of e 
 
 Sale of impound 
 
 Application of p 
 
 Disputes as to df 
 
 Fence viewers to 
 
 Proceedings whe 
 
 fence, 1096. 
 
 Liability of poun^ 
 
 Penalty for negle 
 
 Recovery and enf 
 
 Inipriaoumont in 
 
 Application of pe: 
 
 Ipowder magazines 
 |p0wers of municip 
 
 Limited to those e 
 Power to tax liniii 
 
 See By-laws, 
 Councils 
 
 PRAIRIE FOWL.~SeeQj 
 |PRESIDL\G OFFICER. 
 To sign by-laws, 2 
 See Mbetinos 
 
 Priests. 
 
 Kxempt from servir 
 Kxemption of stipe 
 
 toTING-Paymentfor. 
 PRIORITY. 
 
 Of writs upon separ 
 
 Of chattel mortgage 
 
 Of debentures in pa^ 
 
 See ExEonwoNs 
 
INDEX. 
 
 1383 
 
 IMDBX. 
 
 emoval of, 436. 
 
 umber of licensed hotel, at. 906. 
 I certain caseB, 348. 
 
 p of voters' lists by, 1162. 
 
 tement of municipalities may be posted up J 
 
 I 'I' I 
 
 A ,^««t^ovinK when tainted, 404. I 
 
 be chargTfor. unless proper place of «k| 
 
 I .' >'i 
 
 ting, 351. 
 ., of, 353. 
 
 FOUN DH—iContimied. ) 
 
 Trespass by geese and poultry, 1092. 
 Where animals may be kept where pound insecure, 1092. 
 Pound keeper to j^ivo st.itument of nh.irgos to owner, 1092. 
 Asreemeut with pound keeper as to payment of fees. 1093. 
 When animals may Iw retained by distrainer instead of impounded, 
 
 1093. 
 Distrainer to notify owner if known, 1093. 
 If owner unknown, clerk to he notitieil, 1093. 
 Duty of clerk on receiving notice, 1093. 
 When notice must be ])ublished in newspapers, 1093. 
 Notice of sale to bo given when aiiiinals impounded, 1094. 
 When sale may bo made, 1094. 
 
 Notice of sale where animal retained by distrainer, 1094. 
 Notice of sale unle.ss redeemed, 1094. 
 Keeper to feed impounded or distrained animals, 1094. 
 Recovery of value of footl furnished, 1094. 
 Other mode of enforcing payment for food, etc. , 1095. 
 Sale of impounded or distrained animals, 1095. 
 Application of purchase money, 1095. 
 
 DiHputes as to damages to be determined by fence viewers, 1096. 
 Fence viewers to make examination and appraise damages, 1096. 
 Proceedings where fence viewer.s decide against legality of a 
 
 fence, 1096. 
 Liability of pound keeper refusing to feed animals, 1096. 
 Penalty for neglect of duty by fence viewers, 1096. 
 Kecovery and enforcement of pen.iltiea, 1096. 
 Imprisonment in default of payment, 1097. 
 Application of penalties, 1097. 
 
 s AOAIN8T Municipal Corporations. ■ p^^^^pj, j^ MAGAZINES— By-laws for regulating and providing for, 425. 
 
 IONS 
 
 ::;£• With certain B^^^^^^^^^^ 
 
 .ustody of the law, 407. (») 
 
 3 liabilities of keepers, 407. (.) 
 
 k notice of action, 407. K*) . . 
 
 Lfng and impounding certain animals m 
 
 -ng must be expressly conferred, 408. (j) 
 jvide for notice. 408. U) 
 
 t^ftLrn^iwbV'i^^^^^^^^^^ 
 
 .S animals from runninf: at large not 
 
 ^diiecting both liable for illegal sale 408 
 siile damages done by impounded cattle ttj 
 Kg cLIensation for services rcndered.»| 
 
 btlule, etc., doing .damage. 410. (A, 
 Led by municipal bylaws, 1091. 
 
 tem!?geV-^^^^^^ 
 be impounded, ivdz. 
 
 IpOWERS of MUNICIPAL CORPORATIONS. 
 Limited to those expressly granted, 14. (») 
 Power to tax limited to authorized purposes, 272. (i) 
 
 Municipal Corporations — Municipal 
 
 See 
 
 Bt-laws. 
 Councils. 
 
 IpRAIRlE FOWL.— 'S'ee Game and Fur-Bearino Animals. 
 
 IfrESIDLNG OFFICER. 
 
 To sign by-laws, 217. 
 
 See Mbktinos of municipal councils. 
 
 PRIESTS. 
 
 Kxempt from serving in municipal office, 66. 
 Kxemption of stipends of from assessment, 721. 
 
 toNTlNG— Payment for, when not deemed bribery, 163. 
 
 Priority. 
 
 Of writs upon separation of new county, 43. 
 
 Of chattel mortgages preserved on separation of new county, 44. 
 
 Of debentures in payment, 276. 
 
 See Executions aoainst municipal cokpobatioms. 
 
 if 
 
 ■' 31' 
 
1384 
 
 IMDBX. 
 
 PUILiONKIlS — Disqualified from voting at provincial electiona. 
 See Uaolh. 
 
 PRIVIES. 
 
 By-lawa for flllinc; up, 400. 
 
 by-lawa for regulating tho conatruction of, 402. 
 
 PRIZES. — Ky-lawa for providing for in high achoola, etc., 420. 
 
 PROCEDURE.— .!Jec Akbitrations — Ashkssmknt — Bv-Lawh — gu, 
 
 TI0N8— I.tQUOR LtCK.NHKS. 
 
 PROFANITY. -By-iftWB for suppression of, 395. 
 
 PROFESSIONS. 
 
 Power to license to include powor tu fix amount of feea fo 
 licenses, 212. ' 
 
 PROFESSORS. — Exempt from service in municipal office, 66. 
 
 PROMISSORY NOTES. 
 
 May be issued by corporations to meet current expenditure 30fi 
 Not to be issued by corporations for lesu than $100, 307, 
 
 PROMULGATION OF BYLAWS.— A^ee By-laws. 
 
 PROPERTY. 
 
 Disposition of on separation of village from township, I7. 
 Distribution of, upon formation of provisional county, ."ig, 
 Distriljution of, upon dissolution of union ol counties, 41, 
 ' Sale of, when (jualitication not affected by, (10. 
 
 Ii.ates to be (;alculuted upon the actual value of real and arHonul I 
 
 271. , _ _ '' 
 
 By-laws may be passed for obtaining and disposiny of, ;^5o. 
 By-laws for preventing injuries to, 392. 
 Right of municipalities to destroy, in order to prevent spread ( 
 
 fire, 430. (I) 
 By-law for the preservation of, at fires, 431. 
 Abolition of qualification upon, in Provincial franchise, II32. 
 
 See Assessment. 
 
 PROPRIETOR. 
 
 What constitutes, in order to qualify municipal councillor, 5", ijl 
 
 PROSECUTION.— 6Vc As.ses.sme.nt — Eleitions — Liquor Lioe.nsk-| 
 PuHLic Health. 
 
 PROVINCIAL ASYLUMS. 
 
 By-laws for support of destitute insane u» "il admitted to, 470, 
 Exempted from taxation, 716. 
 
 PROVINCIAL BOARD OF HEALTH. 
 
 Assent of, required to purchase of laud for cemeteries iu viU 
 and towns, 383. 
 
 See Public Health. 
 
 i 11. i 
 
 PROVINCIAL GOVERNMENT. 
 
 Councils may purchase public works from, 264. 
 
 lovisro.vAL offI 
 
 m ■ 
 
INDBX. 
 I from voting at provincial electionB. 
 
 iiyoKx. 
 
 oviding for in high schooli, etc., 420. 
 
 IITBATIONS — ASHKSaMKNT — BY- LaWH - fiUc. 
 )R LtOKNHKH. 
 
 for suppression of, 395. 
 I to include power to tix amount of feei (or 
 from service in municipal office, 66. 
 
 corporations to meet current expenditure, 3W, 
 by corporations for lesu than $100, 307. 
 
 iY-LAVVS.— »S'ce By-laws. 
 
 separation of village from township, 17. 
 n)on formation of provisional county, 39. 
 itxm dissolution of union ol counties, 41. 
 alitication not affected by, 00. 
 ilated upon the actual value ot real and ivr^onal, 
 
 passed for obtaining and disposing of, S50. 
 
 enting injuries to, 392. 
 
 )alitie8 to destroy, in order to prevent spread oi 
 
 •reservation of, at fires, 431. 
 
 lification upon, in Provincial franchise, 1132, 
 
 ENT. 
 
 !8, in order to qualify municipal councillor, 5". (j, 
 (Assessment— Elections— Liquor Lice.ssk- 
 
 ILTH. 
 MS. 
 
 port of destitute insane ur "il admitted to, 4J0, 
 taxation, 716. 
 
 » OF HEALTH. 
 
 red to purchase of land for cemeteries in vill 
 
 NMENT. 
 
 ttrcha«e public work» from, 264. 
 
 I38!i 
 
 PimVINCIALLANDsUKVKVOR 
 
 BylHM^ for appointing, eorporationaurv 
 PROVINCIAL LKGISLATURKS " "'"^'">'«''' "^O^. 
 
 No power to huisUti^ ,■« T . 
 
 'V- MA^„rt;;'nior^^«'^"- -' -Hipping, m (V, 
 PROVINCIAL PlilSONS. .-I.:x„n,„te w 
 
 PROVINCIAL SECRETARY ^ , ' *"**"""' ^'«- 
 
 »'ir. See DKBKNTirfiEs 
 PROVINCIAL TREASClfKH. 
 
 May retain moneys of i,,,..,;, • i.. 
 
 .nakingretu.^.s, |^"'"^''"^''t.es where clerks in default . 
 May retain monevs of ,»,. • • . "owult in 
 
 in. making reiurnV S"^'"'""« ^^^ere treasurers in <lefanl* 
 Municipalities indebted to Mn«.- ■ ,r *"'* 
 
 returns to, 287 ^° ^""»«>Ph1 Loan Fi,n,i to ,,...1. 
 To (ktcrmino expenses of ^'^ *°"»'^' 
 
 Finances. 28^""^ '' «--*-*^ commission of enquiry into 
 
 PHOVISIONAL CORPORATIONS 
 How to 1)0 styled, 14 ' 
 
 Warden to be the head, I79. 
 
 |pR0VISIONAL COUNCIL, 
 Who to preside at 
 May bo appointed 
 
 May be appointed by nri.,^^ 
 
 Keeves a.uf deputyTeeCi," J ''"•"' •'^^• 
 
 hevB of, .S8 (0 "'^ "• J""'^'- county to be .,• „«.• 
 
 MayaeqnirLkndVforcountvl •.,. "^^ "•' «J^»o »..,„. 
 
 I)>w.r8 of not to intTrfor"*Xtt '''"'«?/ ^^^ 
 
 Members of may not vot^orciS'n ^ "!•""'""• 39. . 
 
 How composed, 55. t-ertain questions, 40 ' 
 
 Who to be collectors for, 19]. 
 iOVISIONAL COUNTY. 
 
 Included in "county" as 1 • 
 
 Appointn,ent of sheriff am of I '" ^''''''P*' Act, 8. 
 
 Division c,f property on semrS"' f^''''«' ^0. 
 
 msiONAL JUDICAL DISTRICTS. -.J\t 
 
 174 "'iCBRs OF Corporations. 
 
 I 
 
 t 
 
 ti 
 
 ■ H 
 
 
 ;f. ': 
 
i:t86 
 
 INDKX. 
 
 
 PROVISIONAL TREASUIIRU. 
 
 Cornoratioii of tlio uiiiiHi to |iay ovor inniinyH to, 101. 
 ('QlloctoiB for •"■')vi>iioiial cnuiioil to pay ovor tho moneys to jQi 
 .S>e I'kbahuhku. 
 
 PROVISIONAL WARDION —SV^ VVakukn. 
 
 PUBLIC). 
 
 Kiititloil to 1)0 pn^sont .-it ordinary uniinRil inoetingn, I7S. 
 May bi oxolinleil from »i)ociiil council ninutitigi 177. 
 Mout'ii^M ot' pnlii'u comminMionnrn to l)e open to, ,S'i4. 
 
 PUBLIC IIUILI)IN(}.S. 
 
 Byl»wfl for ro;,Milfttiiig cgro'^i from, ."{(JO 
 
 For rogul itini,' strcnLjtli of Mtiiirs, wiiUh, etc., 860. 
 
 By-I(\w« for nociiriiig agairiHt iircidentH hy Hro, 413. 
 
 Act to regulate mtian.s of (•gr«>HH from, IOH'2. 
 
 Doors to opt!ii outwaidH, 1()S2. 
 
 Certain chiiruhuii ami tniHtoos liahlo for nuglttcting to obey \ 
 1082. ' 
 
 Penalties for neglecting to obey Act, 1082. 
 
 Ixocovery of punalticn and application, 1083. 
 
 DutiuH of municipal oiKcera, 1 083. 
 
 Orticor may 1)b appointed to enforce Act, 1083. 
 
 .Act not to apply to convonttt and tlioir chapulH, 1083. 
 
 PUBUC KAIKS. „ : 
 
 My-lawR for authorizing holding of, 420. 
 
 Purpo.so8 of restricted, 421. 
 
 \Ui\iin to b(! niaflo for governing, 421. 
 
 i'uhlic notici' to bo given of hy-l.iw, 421. 
 '. ' " What will bo (loomed sntficierit notice, 421. (/) 
 
 Rights of persoMH authoriRcd lo hold, 421. (r) 
 Reaaon for municipal regulation of, 421 {d) 
 Grant of fair does not give right to take toll, 421. {(,) 
 Tolls taken in must bo reasonable, 421. («) 
 
 PUBLIC HKALTH. 
 
 By-law.'j for establishmou , of wroUs, reservoirs, etc., 400. 
 By-lawM for filling up wcIIh, cesspools, etc., when daneeroiuii 
 
 400. 
 By-laws for prevention of sprcailing of contagious diaeases, ♦! 
 Act rp<fpfirti)irf public heitlth. 
 
 Short title, 1026. , , <'^"' ' 
 
 fnterfyrefcUioii. "^ ' '' '*'"'' 
 
 "Owner," 1027. 
 ''Health District," " District," 1027. 
 
 -'Local Board," "Board," 1027. 
 
 "House," 1027. 
 
 "Street," 1027. 
 
 ' '' Provincial Hoard of Health. 
 
 Kxistiug board continued, 1027. 
 
 Lieutenant-Oovernor to appoint chairman and members, 
 Salaries and allowancos of chairman and members of tbeli 
 1027. 
 
 Pl/BLK 
 
 ( 
 
 I 
 
 I 
 
 A 
 
 Bo 
 
 J'o 
 Bo; 
 l'(.i 
 
 ni'i' 
 
 a 
 h 
 
 R^ 
 
 N« 
 R( 
 
 iiucal I 
 hoi 
 
 Pro rim 
 
 KeguJat 
 fi/iawsl 
 
 n. 'O'^ 
 Prior re/ 
 
 Regu/at| 
 
 ProsociitI 
 «oard in/ 
 
 notice ofl 
 palitj 
 ^roueedir 
 Local nil 
 
 io:h. 
 
 Arhitl 
 
 offereJ 
 ReatrictioJ 
 Procecdiu, 
 
 1035. 
 
IZ87 
 
 iiioii to l»ay ••vof i>"»»«y" *"• '^'• 
 
 io.ml council to pay ov«i- the money, to. IJi 
 
 l-^Sf* Wakhkn. 
 
 ,nt lit onlinary counoil inoetingi, 17ft. 
 om speciiil coiiuoil moetingH 177. 
 rominirt'^ionnrrt to 1)« opo» to, A£*. 
 
 ting curcM from, .U)0 
 
 . stronLjfcli of Htairs. walln, etc , 860. 
 
 lya«.iin8tii.-oi.lent8hy hrc, 413. 
 
 aus of cgrtiMH from, IOH'2. 
 
 n.l tniHtcos liable for nogloctmg to obey A.; 
 
 irizing holding <'f, 4-0- 
 postrictcd. 421. 
 ladeforgovermng, 4-M. 
 to bo given of by law. 42 1. 
 , doemert sntficioTit notice, 421. (/) 
 , authorised to hold, 421. (r) 
 ipal regulation of. 42 (ft) 
 s not give right to take toll, 421. (f) 
 ist bo reasonable, 421. («) 
 
 ,li8hmou . of yro\h, reservoirs, etc., 400. 
 ,g up wells, cesspools, etc., when ilangeroa.;, 
 
 /cntiouof «prr>,a.ling of oontagious .lisea>e,it:j 
 health. 
 
 ■ Hmlth. 
 
 cTnor ^apiS chairman and me,nhe„ U 
 ^wancoa of chairman and member, of thel 
 
 PUBLIC HRALTH-iConiinurU.) 
 
 Salaries n,ul oxponsea t,. i ^' I , **• 
 
 ^ '•fmMO-r ■"*"''« paid out of appropriation K , 
 
 Meeting of iVovincim Moar.1 1028 ^ '•*"' 
 
 Quorum, J 028. ' '"^^• 
 
 PoworH of Hoard ea to K« i 
 
 I)utie. of Proviuoiaj'i^rd To28"' ^««"'»"»"". 1028. 
 
 ,0,!, -'<i '..forn.ut.on to b„ p„„,„,^. 
 
 Board may aDnoin^ ..„t«. .l,^ ^ "Oard, 
 
 i;»-.;y,f'»iCLrsr,"oV«' "''""'**■■". '030. 
 
 Bonnl to Hdu that ,,unt.Iv ,.( "■ 
 
 IWor, „f l-rov,„„i.r'K tniak'""""',"'"""'''!'!". 1030 
 
 Rj....ti!^^w/,'a'jV7t'i5rTn'^r' '»»'■' 
 
 lnt«rin«i,toftW,l»u,| 1011 ""•'"'I. 
 
 «.ioo,, 1032, "■ '-"'""J""'"™'. «..d public c„„, 
 
 ^of :p:'rt'-i;,i--nnr»t„,, p „,, ,„3, ■ ^ 
 
 Prior regulations conHrmed. 1033 ""-Pended, 
 
 Regulations to be laid b,.fn ., r • . 
 
 Kiponses of provincial and {:.'i*^.'"'''*^'^«A«««n'bIy 1033 
 
 
 I 
 
 rni 
 
 Oi s^ 
 
 tf J ; 
 
1388 
 
 INDEX, 
 
 .^ 
 
 » 
 
 '''4 mm 
 
 PU I^I. I ( ' flEALTH— (Co7Uinwil. ) 
 
 WIJJ 
 
 Plan of proposed system of public water works or drainage to be 
 
 submitted to the board, 1036. 
 Board to report upon such system and make suggestiona etc 
 i7.5r 1036. 
 
 No sewer to be constructed in violation of principles laid down 
 
 by board, 1036. 
 Municipalities to appoint medical health officer at request of 
 
 board, 1036. 
 Appointment by board when municipality makes default, 1037. 
 Tenure of otfice of medical health oflScer, 1037. 
 .•is;. Compensation of officer in case of dismissal, 1037. 
 Vacancy in office of medical health officer, 1037. 
 i .K Provision where municipalities united into one health district 
 1037. 
 Powers of district board as to appointment of medical healtli 
 officer, 1037. 
 < Compensation of medical health officer appointed by board, 1038 
 
 Powers of medical health officer, 1038. 
 Suspension of elections on recommendation of board, 1038. 
 When elections shall be held in such cases, 1038. 
 Former officers or trustees to hold offices until elections can b* 
 held, 1038. 
 
 Lufiil Boards of Htallh. i.., .-• t mUi' "' 
 
 Constitution of local boards in townships and villages, 1039, 
 
 In towns of less than 4000 population, 1039. 
 
 In other towns and in cities, 1039. 
 
 Municipal councils to appoint boards, 1040. 
 
 Councils may unite by by-law into health district, 1040. 
 
 Constitutitm of district Ijoards, 1040. . ^ 
 
 Powers and duties of district boards, 1040. " "- 
 
 Officers of local and district boards, 1040. 
 
 Secretary of local board to report names of members to provincii] I 
 
 l)oanl, 104('. 
 Provincial board may apjwint member of local board where coin i 
 
 cil neglects to do so, 1040. 
 ('ouncils to make appiopriat.ioiis for work of local board, 1041. 
 Treasurers to pay out money on order of local board, 1041, 
 i>\':. Members of local and (listrict boards to be health oflicers, 1041, 1 
 Quorum, 1041. 
 Secretary's duties, 1041. 
 ^ ' Enforcing authority of local board, 1041. 
 
 Inspection of slaughter houses by medical health officer or »| 
 
 spector, 1042. 
 Butchers to make affidavit as to where meat slaughtered, 104i | 
 Local board to regulate ice supply, 1042. 
 Local boards to diivct inspection of districts for detection cl 
 
 nuisances, 1042. 
 ; Powers of medical health officer, 1043. 
 
 information of nuisances to local board, 1043. '•'* 
 
 Investigation to be made by local board, 1043. 
 C Local board to serve notice requiring abatement of nuisADce, lOi 
 How such service may be eflected, 1043. 
 
ystem of public water works or drainage to b« 
 
 L- board, 1036. . 
 
 ipon 9uch system and make suggestiouB etc,, 
 
 nstructed in violation of principles laid dowj 
 
 appoint medical health officer at request of 
 
 joard when municipality makes default, 1037, 
 f medical health officer, 1037. 
 officer in case of dismissal, 1037. 
 of medical health officer, 1037. 
 municipalities united into one health district, 
 
 •t board as to appointment of medical health 
 
 medical health officer appointed by board, 1038. 
 il health officer, 1038. , , , ,^0 
 
 ictions on recommendation of board, 1038. 
 hall be held in such cases, 1038. 
 ,r trustees to hold offices until elections canbt 
 
 •in. 
 
 )cal boards in townships and vUlages, 1039. 
 
 than 4000 population, 1039. 
 
 nd in cities, 1039. 
 
 ils to appoint boards, 1040._ 
 
 ito by by-law into health district, 1040, 
 
 listrict boards, 1040. 
 
 es of district boards, 1040. 
 
 and district boards, 1040. , 
 
 U board to report names of members to provuid 
 
 i may appoint member of local board where com- | 
 
 to do so, 1040. 
 
 c appropriations for work of local board 1041. 
 vy out money on order of local board 1041. 
 il and district boards to be health oftcers, 1041, 
 
 ies, 1041. 
 
 irity of local board, 1041. , , ,,, ^ . i 
 
 ilaughtor liouses by medical health oHicerorul 
 
 ke affidavit as to where meat slaughtered, 104i 
 regulate ice supply, 1042. , . . L 
 
 to direct inspection of districts for detectioul 
 
 ical health officer, 1043. ^ 
 
 nuisances to local board, 10«. 
 
 o be made by local board, 1043. 
 
 serve notice requiring abatement of nuisance,! 
 
 ■ice may be efiected, 1043. 
 
 INDEX 
 
 1389 
 
 Power to proceed wh«..^ 
 
 tiict, 1043 ''^ •'^^^^ «f complainf „ • 
 
 Kecorery of oosts •». J "^^ ^»*l»out di.. 
 
 1044. * °"«n«ve trades without cSn"f"?' ^^44. 
 Penalty for, 1045. "^ municipality, 
 
 " difficu7tyrJot'*''"^"* °^ '^»>B-nce involves con •. 
 
 Local board to apply to nr • • "^'^ """"derations of 
 
 report. 1045^^'^ *° Provincial board to inve,« . 
 Application to bo made fn »■ u '"^'^stigate and 
 
 Medical h"eS ^^^ ^ f -'--e.^oYs' "'^^« ^P-t recom- 
 
 ises, 1046. ^ """'^^''^^ 'wo medica? 4r"f "^' ^046. 
 Uemoval of infectprl ,,. examine prem- 
 
 Disposal of filth, refuge .f . " ' ^^obeyed, 
 
 Local board to „W-fy;';„"^^ f*^ 
 
 ^ ^^'i disinfeoted.^lSrr ^'"'""^^^ '^^S. to b , 
 Penalty ,f such notice disi.^ , , ^ ^ "^^"''^^ 
 
 in case of nover^v ^p "»siegarded. 1 047 
 
 •liseased person or of 
 
 '^■^m:\j, «< *j ill 
 
 Householder not to nerm.f 
 
 clothing, 1049 ^ removal of 
 
 Kemoval of sick 110.0^. i—^owu or 
 
 Precautions to be tafe«n « • " ^'seases, 
 
 Sick pe^<^„ns ancl persons^"'' '^'^'"'^ «^ infection 1040 
 
 Who may exercise such ^nth. > ''"'"''^y' 
 
 Isolation of persons infJf,"*^' ^^50. 
 ^ tion. 105V '' '"^^^**'*^ «r ^i^o have been exnosed . • 
 Persons recovering an,^ n e^tposed to infec- 
 
 A.loption of meSfforSfe" l"""' P'-^-utions. IO50 
 Person in charge of con^eiTJl^^^^^^^^ ^' 
 
 oeuding etc., 1052. 
 
 „i in 
 
 i . 
 
 
.1390 
 
 INDEX. 
 
 PUBLIC HEALTH— (Continued.) 
 
 Premises occupied by sick persons to be disinfected before boi» 
 
 let, 1052. '"« 
 
 Persons letting houses etc., not to make false statement* as tn 
 
 diseases etc,, 1052. 
 Householders to give notice of infectious diseases where childr 
 
 attending school, 1052. '" 
 
 No member of household to attend school until certificate nf 
 
 disinfection obtained, 1052. 
 Children of infected household not to be permitted to a6iui.i 
 
 with others, 1052. "" 
 
 Duties of members of local board in such cases, 1052, 
 
 Duty of school teachers in such cases, 1053. 
 Municipalities may establish small, pox hospitals, 1053. 
 'vTi - One municipality not to erect mnall-pox hospital in another wii), 
 
 out consent of latter, 1053. 
 
 Temporary hospital cannot be so established, 1053. (vi 
 i't/.' I Regulation of hospitals, officers, and furniture by local Ims.) 
 
 1054. ^ 
 
 • Powers of local board in providing hospitals when danjera 
 
 disease breaks oiit, 1054. ' 
 
 Regulation of such hospitals, 1054. 
 Powers of medical health officers and sanitary inspectors ji 
 
 inspectioii of food, 1055. 
 Penalty for exposing for sale diseased or unwholesome meat .t, 
 
 ■: 
 
 .1^ 
 
 *^.i: 
 
 I >i VjJ 1 
 
 1055. 
 Penalty for hindering inspection in such cases, 1055. 
 Power to use force for purpose of disinfecting things or Dew 
 1055. ^ 
 
 OfBcers if obstructed may summon assistance etc., 1056, 
 Appeal to County J udge from order of local board invi 
 $100 expenditure, 105«. 
 £xpenseH in Jiettpect of AhcUemcvl of Nuisances. 
 
 Costs and expenses of abating nuisances to be recorered 
 
 occupier, 1056. 
 Occupier may deduct such amount from rent, i05G. 
 Occupier not to be compelled to pay more than amount o! 
 due, lOofi. 
 
 Burden of proof in such cases, 1056. < 
 
 Ptnal (Jlaw<es. 
 
 When applications to enforce orders for abatement of m 
 
 must be made to High Court, 1057. 
 Penalties for violating provisions of Act, 1057. , 
 Penalty fur disobeying provincial board, 1067. 
 Defaults and omissions after conviction, 1057. 
 Recovery of penalties, 1058. 
 Secretary of local board to give certificate where noa 
 
 ance with regulations caused by poverty, 1058. 
 Effect of such certificate, 1058. 
 Remedy of persons injured by non-compliance with direcl 
 
 health officers, 1059. 
 Penalties to be paid to treasurers of muuicipaUtief for 
 
 local boards, 1059. 
 Provision where Act is a violation of both statute aid 
 1059. 
 
 
 i.'^ 
 
 
 fmuc HOLl 
 
 Exdudi 
 
 VBLIC LIBRj 
 
 UBLic meet: 
 
 ■Act respt 
 Preamble 
 What are 
 JMeetii}g3 
 
 ^^aonuiy 
 Meetings i 
 
 Manner of] 
 
 ^'orm of nt 
 
 Wanner of I 
 
 6T)| 
 
 ■^^oticef 
 
 Justices ml 
 
 ^vi\ 
 
 .,. Form o\ 
 
 ^iieriffs, etcl 
 
 justices calll 
 
 Sheriffs, ete.1 
 
 ^flaiinian tf 
 
 p. A<'^> 65£ 
 
 t^flairman to) 
 
 p. .on vie v/ 
 
 l^flairman m J 
 
 PreseryjJ 
 
 fpeciaJ const/ 
 
 ^imitnthns 4 
 
 Scieduiea, fifil 
 
^t;;:;i person, to be disinfected befo« 
 ; houses etc., not to make false statement, a, t, 
 bgjvf notice of infectious diseases where childre, , 
 rhoiloldto attend school until certificate J 
 FeVtSouleholdnot to be permitted to as.„ei J 
 '^eSs of local board in such cases, 1052. 
 
 liTLt tfll-tctTUV hospital m another,!, 
 
 ^"V°^ ^''u.Tcannot be so established, 1053. (v) 
 ?^:^£l£rl and furniture by locaU 
 
 cal board in providing hospitals when d»Bgero„| 
 ,reak8 out, 1054. 
 
 ;;Vl'„°8foS diseased or unwh»le»men«J 
 
 ?t:et/jsro-ri'srr^^'S... 
 
 I;Sct .-!lX-'^;:r/etk^~ US. .1. 
 t to be compellecl to P'i> "*" 
 
 1^ proof in such cases, 1056. -;v, 
 
 X «f,»rnp orders for abatement of unii 
 icafon. to ?r/r^„X ,057. 
 
 ,f penalties, I0o8^ certificate where non. 
 
 ,lh'^;i;uhSnsla^^^^^^ 
 
 r^r's'li'SurX ^^^^ H 
 
 to®b? paid t treasurers of municipaUtie, lor. 
 wheticfis a violation of both statute a^dl 
 
 1391 
 
 or 
 
 INDEX 
 
 PUBLIC :-fEALTH-(cro„«„«.rf , 
 
 ^ /'"Sl^^^^^^^^^ of for. or re 
 
 ,,,, only one. 1060^ ' "*" "*^'«^ health officer or ;. . 
 Whe.e municipalities h»v„ • • , "'spector or 
 
 ^ in8pector.%60''^«^«J«'««l in appointing with « 
 Form of by-law in force „nf n *''^*'«' <>' 
 
 Form of bylaw am™,|,„, k,^,, . , ™" "°"'"- »°'-'' V"*", 
 Form of"otioooftaki„/p„S„yv'^"'' '"S'- 
 Aa ,0 ,m«,.l ,k. PMi. malhAT ''"''' •"■ ''"iWtags, 1068 
 
 Co.at,Mes in districts ^ >;?r„X^SS'^1?"'4,.2S0 
 [fUBUO HOLIDAYS. J" ""Peetors, 12so. ''**'• 
 
 Excluded in reckoning time relating to d, ,■ 
 PUBLIC L,BEARIEa-.« Pk„. U.^^ ^ ''' 
 
 PUBLIC MEETINGS 
 
 : .^ i 
 
 1*J} 
 
 Act respecting, 652 
 
 Preamble, 652. ' ;. . ,>> ,.., , 
 
 What are to be deemerl r>„)>i- . .<i 
 
 Meetings called byTheriro^t^r^^^^^^ 
 
 Act, 652. '" «^ *^'« "magistrates to. be within th 
 
 n ho nuy require meetings to be h AA a-o 
 
 Meetmgs when declared bv two V '•^.'*^' 
 
 ^ Act, 653. "^ *^<> 'magistrates to be wit>.- .. 
 
 Manner of bringinrrmp^H., • "^ ^ithm the 
 
 Notice to be given, 654 '^"e Act, 
 
 Justices may declare meeting or^^ a x 
 
 Chairman may command assist^nn t 
 
 ■in: 
 
 m 
 
 
 J. !,' 
 
 
 'LI 
 
1392 
 
 INDEX. 
 
 PUBLIC MORALS. 
 
 By-laws for preventing posting of indecent placards, etc., 394 
 By-laws for preventing vice, drunkenness, profanity, etc., 395 
 By-lawa forsuppresaing disorderly houses or houses of ill-fame 395 
 No power to license bawdy-houses, 395. (I) '' ' 
 
 What may ho deemed a house of ill-fame, 395. {I) 
 By-laws for suppressing gambling, 396. 
 Gaming houses deemed nuisances, 396. (n) 
 By-laws for preventing horse racing. 396. 
 Horse racing not under all circumstances illegal, 306. (/>) 
 By-laws for restraining and punishing tram|)s, etc., 396. 
 Powers of municipalities concurrent with criminal law, 39g, (.1 
 By-laws for preventing indecent exposure of the person, 396. 
 What will constitute acts of indecency, 397. (r) 
 Keeping an indecent exhilntion in a puolic place indictable, 39 
 Hy-law.s for preventing or regulating bathing, 397. 
 Bathing within sight of residences indictable, 397. (n) 
 By-laws for preventing use of boat houses, etc., for immoral 
 poses, 445. 
 
 PUBLIC NUISANCP]S.— .SVe NuiSAxrES. 
 PUBLIC OFFICE. 
 
 Holiler has no freehold in, 77. (c) 
 
 Where right tf), contested, proper procedure is by Quo vanmi I 
 13(5, (t) "'' 
 
 Of county may be within city, town, or village, 173, 
 See Officers of couporation. 
 
 •>i'\r\ 
 
 ¥ 
 
 PUBLIC OFFICER. 
 
 Presumed to have acted properly till contrary be shown, 145 
 See Officers of corporatvjns. 
 
 PUBLIC PARKS. " 
 
 Act to provide/or esfahlififiment of. •" ■■■ ■ < 
 
 Short title of Act, 669. 
 
 System of parks, avenues, boulevards, drives, etc, , may be . 
 » ' - tablished in cities and towns, 669. 
 
 Petition to be presented to council for by-law establishinBMru 
 
 etc., (J69. ^n 
 
 Councils may pass by-laws establishing parks, drives, etc m 
 
 Assent of electors required to by-law, 669. 
 
 "•'.» ' When by-law to be linally passed by council, 669. 
 
 Where vote of electors adverse no nQ^ by-law to be sulnmii 
 
 within the same year, 670. 
 Parks, etc. , to be open to public and free, 670. 
 Parks to be under control of l>.)ard of park management wj 
 Authority of ^oard not to extend to certain streets, etcioj 
 Board not to assume control of exhibition parks, 670. 
 ' 'i^ Board to be a corporation, 670. 
 How composed, 670. 
 Tenure of office of members, 670. 
 Vacancies in boards, 670. 
 
 When iirst appointment of members to be made, 871, 
 Members to bold office for three years, 671. 
 
 '>! 
 
 Fl^BLIC PARKS-^ 
 
 Board to mee 
 
 man, 67J. 
 
 Secretary to \ 
 
 t'iiairman and 
 
 provision for , 
 
 Board to meet 
 
 ffoH' special m, 
 
 forfeiture of o 
 
 Jeave, 672. 
 
 Members of boa 
 
 P'lymento/exp, 
 
 Meml,er8 of boat 
 
 ^Teeessary offi,er, 
 
 K"' A*"«' etc 
 Books to be open 
 
 Begnlar accounts 
 
 Bovvers of board t, 
 Boards to have ce 
 Boa,vJ^,„.,3, license 
 
 Bo«^e/"to impose p, 
 Recovery of penalt 
 4^"ti.enfcic,atio*;, of b 
 Towns .and cities mi 
 ^ dense for park 
 ^--^toaequi?ei 
 
 ^""■tofanantityofl 
 ««-f.of managemq 
 
 Po«.ertoent,rour'l 
 }-^';'.'>cip.;d Hater work/ 
 ^'•l^^ ration clausel o? 
 
 electors, 676. 1 
 
 debentures may run f I 
 
INDEX. 
 
 1393 
 
 pressing disoraeriy uuun«= ^- - 
 enae bawily -houses 395. (D 
 leemed a houae of lU-fame. 39o. (D 
 .pressing gambling, 39^. 
 deemed nuisances, 396. in) 
 
 training and punishing tramp. .etc., 396. 
 ic?pSs conLrrent with ^rj^nmalaw 3%^(,) 
 IvTuting indecent exposure of the person, 396. 
 
 LSg use of boat houses, etc.. for immoral p. 
 ,^^,_.S>e Nuisances. ^ 
 
 Jo^'tSsted, "opel procedure is by Qv. v:arr„,l 
 ,y be within city, town, or village, 173. 
 
 :EKS ok OOKI'ORATION. 
 
 have acted properly till contrary be shown. 146. 
 
 [OKRS OF COBPOKAT'ONS. 
 
 • extahlinhmeM of. 
 
 Lrts!' avenues, l^oulevards. drives, etc., maybe. 
 ,1 in cities and towns, 6by. ^ , ,• , I 
 
 .e presented to council for bydaw establishing J 
 
 V pass by daws establishing parks, drives, etc, 59, 
 ectors required to by-law, 6b9. I 
 
 w to be finally pasfod by council, bb9. 
 ^f electors a^lverso no new by-law to be 8u„oiitJ 
 the same year, 670. 
 in be open to public and free, 6<0. 
 
 A nVmtrol of board of park management, S;i 
 ,f""tr7nott extend to ceTtain streets etc, 
 ^o assume control of exhibition parks, 670, - 
 i a corporation, 670. 
 omposed, 670- 
 office of menvbera, OtV. 
 
 '"'Jl'ntent'of membora to be made, «71. 
 o K.ld office for three years, 671. 
 
 I etc., 
 
 PUBLIC PARK^-(Co>ui„„ed.) 
 
 '"ll: ^iT ^°^ «^«--«- at .ayo.a office .„. , 
 Secretary to be appointed, 671 "'''' '''''" 
 
 Chairman and secretary to ho d offl i • 
 Provision for absence of chairman^^ ''"''"« ^^^'^^^re 671 
 Board to meet at least oncraSthfi^r'^'^'' 67J. ' ^^^• 
 
 leave, 672. ' °^ "^^'"b^''^ absent from meetin.„ ■ u 
 Members of board not to h« "^etingo without 
 
 as ^j s- oter6^r ^ ^- -ice. e:. 
 
 Eooks to be open to insLc x^on'b;^''^ f '^^'^^d, 672. 
 
 Kegular accounts to be Lpt 673 "^^''^ «^ ^«»ncil, 672 
 
 Powers of board to nass hv uZ'l* 
 
 Boarcls to have certrh'^oleJs aVto 't^"'^""" ^^ Parks etc 67, 
 
 Boanis „,ay license hacfs amuS tU^;* railw/y.^e'?!.*'-' '^'• 
 
 Powe/t impose penalties for ' r " "'"^'"^"*^ 
 
 Recovery of ^enaC 673 """^^'''^ «^ bylaws. 673 
 AutheuticNitioi. of by-laws of board fi7q 
 Towns and cities may takp r^ni ,' ^'^• 
 
 devise for park purposi! 67*4" P'"°"^' Property by .if. «, 
 Power to acquire land b^p„;ite or otherwise fori; 
 Limit of quantity of land wJ,' , - ^ '^' '*"" 
 
 Title of la„<is so^quired tot VS ^ ;T '^''^"-«^. ^74. 
 Boani of management may le^ ^ it* t mSf •*^- «7'^- 
 When board may sell portion. . f l . "^'^'^^tely required, 
 
 Power to enter on lands anZv"'''"^"' ^'^'^' 
 ^Innicipal water works n'ortrb^e'S;'?' ''r^' '^'«-' 674 
 Arbitration as to value of lands ofir^?''^'' ^''^''. 675 
 Arbitration clauses of the Su„l,? ,' V'"''^"' 6"5. ' 
 
 Board to make y.arly estl„^at "o 'tiouf^*" ^^'^P'^' 675. 
 KstiZe^:X^fpo,.tedto. ' """^ ^^"^"'^^ ^-^'^^ «.. 
 
 CounciltolevyspSrat^rri^l^- 
 
 Power to issue debentures for ,£rl P"''Po««8. 676. 
 
 When by-law for issue of de Jent„ P"'P^«r> 676. 
 
 electors, 676. debentures need not be suhmiff ^ j. 
 
 Debentures may run for forty years 67r ' 
 
 Co... to provide for Lkin^ f:^nr::;::,tt;r'^?- on d 1 
 Treasurer to receive all n,. debentures, 
 
 ,., '" '"""^^"'^"d Payout on ord«r of b„ , 
 
 Prohibitions and penalties, 677 '"^ -^ of board. 
 
 Him. enng or interrupti.ig board or .ffl 
 Let lug otf water from ponds etc ° '.7?'^"' ^^7. 
 Fouluig water in ponds etc 677 ' ^^• 
 175 ■' '' 
 
 
 m 
 
1394 
 
 INDEX. 
 
 m 
 
 m 
 
 
 i 
 
 p' ' 
 
 I 
 
 fBi f ■ . ■ 
 
 II 
 
 PUBLIC PARKS— {Continued.) 
 
 Obtaining water from ponds without consent of board, etc. 677 
 ('leaning certain things in water etc., 677. ' 
 
 Tainting or fouling source of waters, 677. 
 Injuring or destroying trees etc., 678. 
 Injuring or destroying animals, birds, fish, etc., 678. 
 Summary conviction of offenders, 678. 
 
 Commissioners of puliue to detail policemen for service in n«,i,. 
 678. ^**' 
 
 Protection and powers of officers. 679. 
 Limitation of actions, 679. 
 
 Act to be incorporated with Municipal and Assessment AcU fi 
 Forms of petition for park by-law, 679. , ' 
 
 Form of park by-law, 679. 
 
 Form of by-law for issue of park debentures, 680. 
 Form of park debenture, 681. 
 
 PUBLIC ROADS. 
 
 Councils may contract debts for purchase of, 264. 
 See Highways. 
 
 PUBLIC SCHOOL BOARD. 
 
 Moneys of, not within control of councils, 193. (g) 
 See Free Libraries. 
 
 PUBLIC SCHOOLS. 
 
 By-laws for purchasing land for, 38L 
 As to councils providing land for, 381. (k) 
 v{( By-laws for establishment and support of, 381. 
 
 County may own land for, .although within a city, 381, (k) 
 Exempted from taxation, 715. 
 
 Af'justment of matters relating to, upon addition being maiij 
 muiiicipality, 1215. 
 
 PUBLIC SHOWS. 
 
 By-laws for preventing or licensing, 390. 
 ' License not to be granted for certain times and places, ,"31, 
 By-laws for regulatingand licensing exhibitions kept for hire 3 
 
 PUBLIC SQUARES. 
 
 By-laws for making regulations as to trees, etc., upou, 361 
 See Public Pakks. 
 
 PUBLIC WHARVES.— .See Wharvbs. 
 
 PUBLIC WORKS. 
 
 Councils «iay contract for purchiise of, 2()4. 
 
 Power to purchase limited to manner prescribed, 2')4, (al 
 
 Proper remedy for danirges caused by construction of, 5"i i 
 
 PUBLICATION. rr. 
 
 Of drainage bylaws, 559. ■< '■■''' 
 
 5ec By-laws— Highways. ,^li ..'T; 
 
 PUIICHASE MONEY— -See Lands. 
 PURCHASES. i. ..-,»..» .v-«u,.tj:n . 
 
 Void when made by corporations with their own membenil 
 
INDEX. 
 
 r396 
 
 IWDBX. 
 
 "•■' .. without co„.e»toH«*A ='«■.«■ 
 -"«-i-'S,«.H.etc..«S. 
 police to detail v 
 
 . «f officers, o'"' 1 
 
 '" jSV 1 „A ABse»BmentAcU,m 
 
 -law, 679. ^^^^r.ture8. 680. 
 
 benture, bSi- 
 
 . I v.t* for purcba«e of , 264. 
 ontract debts tor v ^ 
 
 rAYS. 
 
 •^^^- trol of comicils, 193. Ig) 
 
 t' within control oic 
 
 LlBB.AB.lKS. 
 
 S£™it«to,..o----«-'i 
 
 dity. 1215. 
 
 regulatmgaw^ "c« 
 
 ■ ,.-.nsastotrees,etc.,upou,36i 
 
 snaking regulations as 
 
 ,UC VAKK9. 
 
 
 ledy fordainfijeso 
 
 iVlr- ' 
 
 .•«n*witli their own memte^I 
 „.ade by corporations wi 
 
 (\VhlL.—See Game and fur bbarinq Animals. 
 QUALIFICATION. 
 
 Certificate of, to be filed by reeves and deputy reeves, 61. 
 
 Of members of council, 56. 
 
 When not affected by alienation of property, 60. 
 
 Where no assessment roll, '61. 
 
 Where not more than one person dul/ qualified, 61. 
 
 Of electors, 67. 
 
 Declaration of, to be made by candidate immediately after elec- 
 tion declared, 119. 
 
 Delay in making declaration not sufficient ground for new elec- 
 tion, 133. (a) 
 
 Declarations of, to be administered before business of councils 
 proceeded with, 170. 
 
 Declaration should bu taken before presiding officer elected, 
 170. (m) 
 
 Of assessors and collectors, 189. 
 
 Of police trustees, 611. 
 
 Declarations of, to be taken by police trustees, 615. 
 
 1 QUALIFICATION OF VOTERS— See Algoma, etc.— By-Laws -Eleo 
 p TioNS — Manhood Suffkagk— Votij:rs' Lists. 
 
 LjUARTER SESSIONS. 
 
 Powers of, as to highways transferred to county councils, 610. 
 loUASHING BY-LAWS— liJee By-laws— Drainage. 
 
 JUAYS. 
 
 When the property of Canada, not to be interfered with by 
 councils, 512. 
 
 JUICK TIME— How to be kept in police villages, 618. , ,. 
 
 aUORUM. 
 
 Acts done in absence of, generally void, 170. (?i) " * ^ -•• * 
 Presumed to be present till contrary is shown, 170. (n) 
 How constituted in county council at first meeting, 170. (n) 
 Majority of members of council to constitute, 176. 
 How constituted at meetings of police commissioners, 324. 
 
 luo WARRANTO. ' . '' 
 
 Remedies by not affected by recount, 123. 
 
 Proceedings by to be taken where disqualified member retains 
 seat, 130. 
 
 Proper procedure in contesting right to public office, 136. (e) 
 
 Summary method of procedure by writ of summons substituted 
 for, 136. (/) 
 
 Clerk should not act as relator in proceedings by, 137. {g) 
 
 Time within which proceedings in nature of, may be instituted, 
 138. 
 
 Writ of summons in nature of, may issue to try validity of elec- 
 tion, 144. 
 
 In proceedings in nature of, evidence of bribery to be given wi'wi 
 voce, 163. 
 
 Sufficiency of declarations of office, etc., may be questioned by, 
 198. (c) , 
 
 See CoNTRovKRTKD Elections. "■ 
 
 m 
 
 . v.; 
 
 !?'| 
 
 m 
 
 H 
 
1396 
 
 INDEX. 
 
 11 AGING.— -See Highways. 
 
 RAFTS. — By-laws to prevent the enoumboring of harbours, etc., by 433 
 
 RAO WEED.—See Noxious Weeds. 
 
 RAIL. — See Gamf, and fur bkahino Animals. 
 
 RAILINGS. By-lttws forjihe removal of. 435. 
 
 RAILWAY COMPANIES. 
 
 By-laws for taking stock in, etc., require assent of two-fiffh 
 ratepayers, 232. "' *" 
 
 RAILWAYS. 
 
 Adjustment of liability for debentures upon separation of n • ■ 
 
 cipalities, .33. (A) """"• 
 
 Assent of two-litths of ratepayers required to by-laws in ni 1 
 
 232. . "'' 
 
 Rates in aid of, may be in addition to acgreijate rafo r,f l 
 
 cents on tl". dollar, 271. (if) * '^ '''» 
 
 Debentures iHsued in aid of, need not be sealed, 303. 
 ■ ' Extent of power of municip.^!ities to aid railways, 604. 
 
 By-laws for taking stock in railways, (505. 
 Subscriptions for stock may be conditional, 605. (/>) 
 Defective subscription for stock may be ratified bv Ipmoi.i 
 
 605. (b) ^ legislature, 
 
 By-laws for guaranteeing railway debentures, 605. 
 
 " for issuing debentures, 606. 
 
 " for granting bonuses to companies, 606. 
 Assent of electors required to by-laws in aid of, 606, (</) 60" 
 Head of council to be ex officii) director in certain cases fiO?' 
 Portions ot townsliips may grant aid, 607. ' 
 
 Procedure in such cases, 607. 
 Provisions to be inserted in by-law, 607, 608. 
 By-laws authorizing railways to run on highways, (508. 
 Repeal of clauses for grouping townships for aiding railwavi 
 
 Act to provide for the croHHsing of railways by atretic, drains a 
 
 water iixiinn. ' "*' 
 
 Short title, 1004. 
 aii.i Appliciitifui of Act, IvIOS. .;ir,,j 1 , 
 
 Interpretation, 100.'). 
 " Railway Company," 1005. 
 "Council,"' "Municipality," 1005. 
 "Railway," 1005. 
 
 •' Highways," 1005. ,, ...,.,, 
 
 "Notice," 100.^). ' 
 
 Power to pass by-laws for making drains or highways on raili 
 
 lands, lOOo! 
 Restriction on such power, 1005. 
 Power to pass by-laws for laying down water mains on raiJf 
 
 lands, 1005. 
 Pl.ans of work to be prepared and notice given to company 
 Requisites of plans, etc., where railway to be crossed by 
 
 way on level, 1006. 
 Planking to be Laid between rails and on either side, 1006. 
 Cattle guards to be cor.structod, 1006. 
 
 ft.> 
 
 ^ *ir 
 
 RrJJw 
 Munici 
 
 con 
 C'onipa 
 Coiinci 
 Hiji/Jnv 
 JligJits o 
 Watei 
 
 dh, 
 Powers 
 
 ^ct; 
 
 Service o 
 Apphc.iti 
 
 [TEPAYERS 
 
 Petition of, 
 May iiispe, 
 
 194. 
 Distinguisl 
 May appea 
 May l,e re(j 
 laws. 
 
 1- 
 
 
INDEX. 
 
 ent the encumbering of harbours, etc., by, 433. 
 )us Wkeds. 
 
 B BEARING ANIMAL8. 
 
 •^he removal of. 435. 
 
 'S. 
 
 ig stock in, etc., require assent of two-fifths of 
 
 232. 
 
 ability for debentures upon sepanvtion of nmni. 
 'ths of ratepayers required to by-laws in aid of, 
 
 f, may be in addition to aggregate rate of two 
 
 'dollar, 271. (J7), . , , _,-_ 
 
 ed in aid of, need not be sealed, 303 
 ' of municipalities to aid railways, b04. 
 ing stock in railways (505. 
 ,r stock may be conditional, 60y. (/>) 
 riptioufor stock may be ratihed by legislature, 
 
 ranteeing railway debentures, 605. 
 
 liny debentures, (506. . 
 
 nting bonuses to companies, 606. 
 
 ,r8 requireii to by-laws in aid of, 606, ((/) 60;. 
 
 I to be tx. officio director in certain cases, 607. 
 
 nships may grant aid, 607. 
 
 in such cases, 607. 
 
 to be inserted m by-law, b07, ()08. 
 
 •izin<' railways to run on highways, (508. 
 
 ea for grouping townships for aiding railways, M 
 
 the croxHsing of railways by streets, draini, mi 
 as. 
 )A. 
 
 Act, 1005. 
 , HK).'). 
 
 upauy,"1005. 
 Municipality," 1005. 
 1)05. 
 
 10D5. 
 
 by-laws for making drains or highways on railw 
 
 05'. 
 
 1 such power, \00o. . ■ ., 
 
 i by-laws for laying uown water mains on rail* 
 
 to be prepared and notice given to company, IDj 
 plans, etc., where railway to be crossed by ky 
 
 S'e laid between rails and on either side, 1006. 
 s to be cor.structed, 1006. 
 
 1397 
 
 RAILWAYS- (Con<itt«crf. 
 
 Fences to be erected, 1006 
 
 Signboards to be put up ToOf? 
 
 Requisites of plans etc fL 1 • < 
 
 Council .nay ?roce;5'^'£nri?'-^*t««- pipes lOOfl 
 
 ..J!^'^'^- " ""^ °^J-*-" rS£?'^Zn thirty 
 
 days, 1007. »„ n^me within 
 
 If r,« ,. . "® °* 'nakmc roa 
 
 1007. ' "= — •« "-o mode nf m„*i'- — '■ 
 
 Jf no agreement commit ■ "« ''°''<^' «tc-. 
 
 worl 1007 • °°™'"'««'o"er of p,.,,,ic works m„„. 
 Application to commissioner l», approve 
 
 Papers to be transmitte dto co.^ ''^"".'"' ^007. 
 Execution of work if approved "S"""''' ^008. 
 Commissioner may direct ins *• ' 
 Conmiissioner to determine aK^ '^"'^ ''^Port, 1008 
 tion, 1008. ** *° payment of exDon!^' r 
 
 m.mdanms, lOOf). "''" '"^y complete it or annlv , 
 
 Municipality to comnensnt« „ ^^^ *°' 
 
 Restrictions^as toT. , "nt !ff "'P""^ ^«'' I'-^^'l. etc inno 
 Arbitration i„ case S J * 1:7^:"^*^*^'°"' ^009 '^^• 
 Adjustment of claims for extra "- ""^ *"" ^'^'•'Pt'»3ation loin 
 When by-laws may be /n^lly ^S'^Sn""' ^^^O" 
 
 R^.ilu^ay company VkeersL^'^'^^^'.^^'O. ' " 
 Municipality to repair dminfo r"^^'"«*' '" repair 
 Highways. approac5iingraiwav^Ar'-."''""«.iOm 
 
 1010. 
 
 Highways ap?;<s:;'s;:;;'tAt'\:-"-:'n^ 
 
 councils, 1011. ^ """"^"^^ " be kept at proper level K 
 Company to maintain railw„v »f ^^ 
 
 Cmiiicil not to unnecessarnyl'^P^e^A'; /^^«> f ^'''"^^ing^, 1011 
 HiKhvvays crossing railwavs fn K ^ 1 V'^'^^^^y. 'Oil. ^ ' "^^• 
 i ghts of railway not cTbeutt?"^^';"* *« '•*"«'«y Act 101 1 
 Water works commiss oners to IT''^ ^^'^'^'ed, lOU *' ^^"• 
 nls, 1011. *° have same power, etc as coun 
 
 Powers previously conferred n« * 
 
 Act, 1012. ^^ "'*" ^'**«'- ^o'-ks to be subject to 
 
 Service of notice, etc., 1012 
 
 |TEPAYERS. ^v-Laws. 
 
 Petition of, to havo unincorporated u.li 
 May. .pect auditors' statel-^t'S^^Si^^^^^^^^^ 
 Distinguished from inhabitant m <., '"^'^^ «0P'es. 
 
 May appear before council mJ 1 • /-^^ 
 
 May be required to take oath L tf nt, *w- ^'''*'» ^yhws, 218 
 I'vws, 22/, 228, 229. ^ *" ^"alihcation iu voting on by 
 
 fP<'i '<■ 
 
 • 't' 
 
1, 
 
 1398 
 
 INDEX. 
 
 RATEPAYERS— (Con<mM<'d. ) 
 
 * Aaaont of two-thirda noceuary to by-lawi for aiding inanufadn 
 
 era, 233. "' 
 
 Muy act aa nrbitratorn for tnunicipalitioa, 206. 
 
 Mav be witncaaus where inuiiieipality intoreated, 315. 
 
 Liable in auuh eases to challenge aa jurors, 310. 
 See ASHKHMMKNT— Bv-Law8. 
 
 RATES. 
 
 Publication of by-laws imposing, 221. {j) 
 By-lawa iniponing cannot no moved against after three inonti, I 
 from promulgation, 245. '*' 
 
 Inconvenience of quashing by-lawa inipoaing, 246. {q) 
 
 PAL CORPOKATIONS. ' ""'' 
 
 READING ROOMS.— .9c6 Fhek LinKARiKS. 
 
 .',f 
 
 
 REAL PROPERTY. 
 
 Defined for purpoaca of Municipal Act, 9. 
 
 Dispoaition of on dissolution of union of townahips, 33, 
 
 Ownership of, governed by aituation as between municimlit 
 
 33. (g) '"""^ 
 
 ' Amount of rating noceasary to qualify elector, 74. 
 
 Non-payment of taxes upon diaentitlea elector to vote, 74, 
 Where owner and occupant of severally rated, each to lie }[^,^ 
 
 rated, 76. 
 May be purchaaed by county council in city, town, or villas 
 
 offices, 173. ' 
 
 County council to appoint valuatora of, 19f?. 
 Qualihcation of owner or lessee of, to vote on by-laws, 220 
 ' ' Rates to be calculated upon actual value, 271. 
 
 Appointment of arbitrators where taken or injured by 
 
 tiona, 293. 
 Appointment of arbitrators where aeveral parties ir.tuiestAiJ 
 
 294. '■ 
 
 By-lawH may be paaacd for obt.aining and disposing of, ,"!,' 
 
 iSscPjy-LAWS — LAND AS.SE3SMENT. 
 
 RECITALS. 
 
 In by-lawa accepted aa true unleas the contrary estilJi 
 
 218. (d) 
 Recjuiaite in by-lawa creating debts, 253. j 
 
 In oy lawafor creating debts payable by local assessment,' 
 To be inserted in by-law making anticipatory appropriitiunl 
 
 RECOGNIZANCE.— S-ec Sbcuritiks. 
 
 RECOUNT. 
 
 County Judge may order, upon affidavit being made, 120. 
 •,, , - Depoait of $25 to be made by applicant, 121. 
 
 Who may be present at, 121. 
 
 Judge to open packets in presence of parsons attendioj;, lilj 
 ;-nojr.s. To be a continuous proceeding, 121. 
 
 How Judge to proceed, 122. 
 
 To examine ballot papers, 122. 
 
 ifalJo 
 
 •^U</g( 
 Jll'liry 
 
 Judgo 
 Other rpjij, 
 /ud^o ni ly 
 
 Costa 
 
 If, 
 
 may 
 
 "*v coats 
 
 KEETE. 
 
 , '^^.''Vdfor, 
 Offi(>e of to J 
 (-'/heeofonly 
 }f'iJoiit^,.f,, 
 
 ^"'wmoMiboi 
 Cju.not tak„ H, 
 J^'Reo ofi„co» 
 ;^»7" of certi/i 
 'o 'e hearl of ^ 
 J" '"head of , 
 
 ^obenioMiber, 
 
 WuaJi/icatiou f„; 
 
 ''^iectioM of to b( 
 
 villages. 79. 
 
 -^oriiinafcion of , 
 
 J[o'"j".itionof'i, 
 
 Prm',.s,o„ ,^|,e,e 
 Undiddtcs f,„. 
 
 pers to couJ 
 Woctor« to have J 
 
 ^y'«'-e ejectors t J 
 ijrocedure to conj 
 Hovv right of ,„u,l 
 ';'«'•* of munio-"/ 
 Of'minicipality'iJ 
 '»y Vote i„ „J 
 
 Tof)ehoadoftow,l 
 WifonnofdeJ 
 J% ad,„i,„«ter if 
 
 In towns, townshi/ 
 ^eace, 308. 1 
 
 Tobeju8ti.,e,of thl 
 '^^« A/.oo.^fA, J 
 
IMDBX. 
 
 139» 
 
 lUDEX 
 
 RECOUNT— (roH^nwrf. ) 
 
 fd.) 
 rdit 
 
 neceMarytoby-lavr. 
 
 lor aiding manufaetur. 
 
 
 296. 
 
 e8t< 
 
 KNT 
 
 _BV-1^AW8. 
 
 221. (i) 
 
 246. (q) 
 
 AGAINST 
 
 Mi'siaJ 
 
 ^g cannot n« 
 ;!Vusluu«byAaw»^^JP„,,0N8 
 
 governed by 
 ' ** „i;fv elector, i'* 
 
 ating necessary to^;;^^, Rector to 
 '•^'^^"v^iCtorBeveraUy rated. 
 
 ,randocc«pai ., -^ ^ty. tcvn, or v%, 
 
 &ased by county couacvUucy. 
 
 ^ ''to avpoint valuators 
 
 vote, 74. 
 eacb to \)« Htm 
 
 
 of. I9fi- 
 of, to vote on 
 
 by-laws, 
 
 'ni 
 
 oi ^^r^^. ?,Un actual -^-«;27^.^.^^^^^^ ^^ ^^^ 
 
 fit 
 
 A for obtaining 
 p,y be P»««f^;VBSSMRST. 
 
 . - the contrary 
 as true unless the 
 
 and disposing of, S50 
 
 esUH 
 
 acceptctl 
 S by-laws cv 
 
 eating c^«J^'^^^^^^ local aasessmnt, 
 
 
 affidavit being made, 
 
 m 
 
 Mallot |)a]K'ra whicli insiy identify voter, to be rejected, 122. 
 loitlo upo 
 rit iij) \ 
 .ludjj'o toHcal lip UallcitHayain and certify rumilt to clerk, 123. 
 
 .ludfj^i! to note and (leu 
 .Fu'li;«i to count up voten an 
 
 inon ohjeotiona raised, I'J'l. 
 (\ make out atatement, 1*22. 
 
 Other roniodieB not affiiotod l)y, 123. 
 
 .fudge ni ly dt'tunnine aH to payment of costs, 123. 
 
 CostH nmy l)u taxed, 12.3. 
 
 How costs may be recovered, 12.3. 
 
 KEEVE. 
 
 iti«l 
 
 
 Peflnod for purposcH of Municipal Act, 9. 
 
 Ofliiie of to cease after separation of town from county. 29. 
 
 Office of only Ufoessary to represent town in county council, 29. (y). 
 
 Majority of reeves must bo in favour of separation of counties, 38. 
 
 Ex offii'tn member of provisional council, 38. (t) 
 
 To bo monibor of county council, .50. 
 
 Cannot tako scat until ccrtificvto of tjualifioation filed, 51. 
 
 Office of incompatible with tinit of mayor, 51. (/) 
 
 Form ot curtiticato of ({Ualifioation of, 52. 
 
 To 1)0 head of vilhi^fe council, .55. t 
 
 To 1)0 head of township council, 55. 
 
 To be member of provisional council, 55. 
 
 Qualification for office, .56. 
 
 lilection of to bo by general vote in townships and incorporated 
 villages. 79. 
 
 Nomination of, when and where to i;ako place, 88, 90. 
 
 Nomination of in township divided into wards, 91., 
 
 May be norainiitcd in municipality adjoining township, 91. 
 
 Provision where nomination day falls on < Christmas l);iy, 91. 
 
 Candidates for, to lie voted ui)on in different sets of ballot pa- 
 pers to councillors in towns, 97. 
 
 Electors to have only one vote for, 102. . 
 
 Where eloctora to vote for, 103. ^ 
 
 Procedure to contest election of, 136. 
 
 How right of municipality to, tried, 1.36. 
 
 Hight of municipality to, to be tried summarily, 140. 
 
 Of municipality having largest equalized as.iesament to have cast- 
 ing vote in election of warden, 172. 
 
 May bo renumerated for services, 175. 
 
 May summon spi'cial meetings of council, 176. 
 
 How special meeting summoned when, absent or dead, 177. 
 
 To preside where mayor of town absent or dead, 177. 
 
 To be head of township and village council, 1 '9. 
 
 Special form of declaration of qualification in iownships, 199. 
 
 May administer (;ertain oaths, 200.' 
 
 Penalty for refusing to accept office or make declarations, 201. 
 
 In towns, townships, and villages to be ex officio Justices of the 
 Peace, 308. 
 
 No property qualification required to act as Justice of the Peace, 
 309. 
 
 To be justices of the peace in districts, 1218. 
 
 See AlOOMA, etc. —GoNTROVKRTBD BlKOTIONS— BLK0TI0If8» 
 
 V 
 
 «1 
 
1400 
 
 INDEX. 
 
 IlEFUSE.—BylawB for reguliiting burr' g (.f, 389. 
 
 RKOISTRAR. 
 
 Appointniont of iit proviHiniml county, 41. 
 Utiitvd countiua liiil»lu for fveH of after acpiirution, 47. (u) 
 , Duquilifiud for oleotioii to inuniuipal uuiinuil, 61. 
 • ' iVee I'KUICNTUKKH. 
 
 REGISTRATION. , 
 
 Of award respecting driiiiiage works, 208. 
 See. Debkntukeh — Hiohways— Infanth. 
 
 REGISTRATION OF BY-LAWS. 
 
 Hy-lftW8 creating dehta to l)e registfred by clurk, 265. 
 
 What by-laWH may be registered, 2().'). 
 
 Applications to act aside registration to bo made within thr* 
 
 months, 266. "' 
 
 Certificate of procfcediiigB to sut iisido, to be registered, 26(), 
 Certificate to l)e registered of disinisHal of proceedings to qumii 
 
 by law, 266. ^^ 
 
 ^ Notice to bo published immediately after rogistratioii, 2G6. 
 Council to (bsignatu place of publication of notice of recistra 
 
 tioii, 2(56. 
 Ix)cal iin[»rovemoMt by-laws need not be registered, 2(J6, 
 Form of notice of regi.stration, 2(57. > , 
 
 MaimtT of registration, 267. 
 ^ ,. Form of certificate of pending action, 207. 
 ' '' Form of certificate of dismissal of action, 267. 
 Fee for registration, 267. ^ 
 
 REGISTRY DIVISIONS. 
 
 Transfer of territory from one to another, 22. (a) 
 
 RECSISTRY OFFICE. 
 
 Town to i)ay portion of expenses of, on separation from cmmh i 
 29, .SO. ^1 
 
 REGRATING.— By-laws for the prevention of, 456. „■- 
 
 REGULATIONS. 
 
 (ieneral power of councils to make, 210. 
 
 Must not be inconsistent with municipal Act, 210. («) 
 
 Must not be inconsistent with general statute or common l»» I 
 
 210. (f) ■' 
 
 Fee may be charged for certificate of compliance with, 215. 
 May be quashed as orders or resolutions, 2.S9. (b) 
 May be ntade by pcdice boards, .3.30. 
 
 See Liquor Licen.sks — Public Hkalth. 
 
 REINDEKR. — See Game ani> F(tr-Brarino Animals. 
 REJECTED RALLOTS.— .See Ballot Paper-s. 
 RELATOR. — Sec By-La w.s— Controverted Elections. 
 REPAIRS.— 5<'<' HiouwAy.s. 
 REPEAL.— .9ee By-Laws. '.• . 
 
 Ml 
 
 i'OH 
 
 Con 
 \Vh( 
 
 Cojiir 
 
 PetiT 
 17G 
 
in proviBloiml county, 41. 
 
 luvUc for fe«8 of after Be,..iratu)n, 47. (u) 
 
 jlfotion to nuuiicipul council, ttl. 
 
 ;Y-LAVVS. 
 
 ^ (lel)tB to be registiTetl by clerk, 265. 
 mv be registtrcil, '2()5. •,, • , 
 
 Bct aside regi8trati«)n to be made witliin tliree 
 
 m-fcedings to set aside, to be registered, 26(i. 
 J registered of disniisHal of proceedings to quaai 
 
 lilished immediately after registration, 2G6. 
 gnate place of publication of notice of registra 
 
 lout by-laws need not be registeroa, 2f>6. 
 of registration, iJ()7. ''- 
 
 jtration, 267. 
 
 ;iito of pending action, 2()7. 
 ;ate of dismissalof action, 267. 
 ,tion, 267. 
 
 •itory from one to another, 22. (a) 
 
 ,rtion of expenses of, on separation from county,] 
 
 vs for the prevention of, 456. ,1, 
 
 of councils to make, 210. 
 
 consistent with municipal Act, -10. (e) . 
 
 'nconsisteut with general statute or common b, 
 
 areed for certificate of compliance with, 215 
 ed as orders or resolutions, 2S9. (b) j , 
 by police boards, 330. 
 R Licenses -Public Health. 
 
 INDEX. 
 RKPLEVLV. 1401 
 
 SootioHB relating to act. ,U.. 
 
 tc» 248. (,/f "' *"*' *'°"« under illo«al hy-lavv, .1 . 
 
 Of t<iwn8, townshiiia »« i ■,. 
 
 In townsJiip councils, 'sfi. 
 mVlSmON-See Pc;buo Mkkt.nos 
 
 .E„KKVOIRS-By.W,,orestablishinganare.ul. 
 RESIDENCE. ^ '^"^"'''t.ng. 400. 
 
 Not essential to riuht of f„„ , , , 
 I RESIDENTS. **'"''«»• "f vote, 106. 
 
 fctru;i=;frLs:;;'f"TV^-^«- 
 
 May take proceedings L ...thw' S''^ '" ^•"*«. «f>- (A) 
 JBESltiNATlON. *'• 
 
 Of candidates pronostxl ..«-.. 
 
 Of canclid.tes StTno Wna ?;"'"''*'°'' '"-■^'ti'.g. i)."} 
 
 Consent of council 1^^:^^ l'^'^'"*'' »'"'tV>'i„ 
 
 Of men.lH.rs o" c S i^\^^,5^^ 1.30. 
 
 Prescribed mode of ,;'?/'' '^;, '3". U') 
 Right to accent in,./, "T, ^" ^"""wed. 130. a-) 
 
 writing, 94. 
 
 Right to accept inci'lenS f ^"""^^'''« '30. (/{•) 
 
 Accept..nce of'a„o£tcl "SS ^^';,''I-"'-^ 130 (,) 
 
 Of warden, provi«i..„ for, j;,','''"*"^^'-' "ftce implies, l.Vo fiv 
 
 Ui.c.Ui„,cr „f „«„., ^ „^.„^ ^ '""-' -««> by. 
 
 E80LUTION. ' 
 
 In couiioil. of five tliren „,„.. "■" '"■"» 
 
 Council may ,|„,.|„„ ,pc"." ,2""'; "' P/r"* "«■ 
 
 ■'I- 
 
 Ifi 
 
 i" 
 
 Jl 
 
 m 
 
 ■m 
 
14.02 
 
 INDEX. 
 
 
 ilv ( 
 
 RESOLUTION— (CoHtinued. ) 
 
 Council caiinot appropriate money raised for sinking fund to auv 
 
 other i)urpo8e by, 252. {q) 
 Council to designate place for publication of notice of registration 
 
 of by-law by, 266. 
 • See By laws. 
 
 RESTAURANTS.- See Victualling Houses. 
 
 RESTRAINT OF TRADE. 
 
 Regulations held bad for, 21.3. (/) 
 Excessive license fees may amount to, 215, {h) 
 
 RETURNING OFFICERS. 
 
 At first election to be named in by-law separating junior counh' I 
 
 To be appointed by by-laws of council to hold noiniuatiaiiji i 
 
 wards, 81. 
 To be appointed by by-law, 81. 
 By-law to provide for places for holding nominations and ] 
 
 places, 81. 
 Clerk to be returning officer for whole municipality, 81. 
 Cannot be appointed by resolution, 81. (r) 
 Duties of, St. (,s) 
 
 Clerk of nuniicipality to be, 81, 82. 
 Death or absence of, provision for, 82. 
 Clerk to hold nominations where election not by wards or scL 
 
 divisions, 82. 
 Provision for death or ybsence of returning officer or deputy S 
 To be conservators of the peace, 82. 
 Should not be partizans, 82. (r) 
 May try disorderly persons, 83. 
 May swear in special constables, 83. 
 May be cf^mpelled to pay coats, after having received ilieealv 
 
 8J. 12) 
 To administer oaths to voters, 87. 
 May be required to hold new election to fill vacancy in coniiJl 
 
 1.32. ^ 
 To hold election to fill vacancy within fifteen days after recein 
 
 warrant, 133. 
 May be made a party to proceedings to set aside election, !#. I 
 Liability for costs when guilty of improper conduct, 146. (nj I 
 May be ordered to pay costs of proceedings to set aside an el«tiJ 
 
 152. (ft) 
 Fori, of declaration of office to be made by, 199. 
 
 See Alooma, ktc— By-laws —Elections— PolickViiuJ 
 
 RETURNS. 
 
 To he made by clerk to Bureau of Industries, 182 
 Penalty where clerk neglect's to make, to Bureau of Indujt 
 
 18.3. 
 Statement of to be laid before the legislative Assembly, 183, i 
 Moneys of municipalities in default in making, to bu retiyl 
 
 Provincial Treasurer, 183. 
 
 F( 
 Ft 
 Remov 
 Liabi] 
 ci 
 K: 
 
 5AD OOMMI 
 
 By-law 
 
 I 
 Member 
 See 
 
 ID COMPAl 
 
 By-laws 
 Other sta 
 
INDEX. 
 
 1403" 
 
 appropriate money raised for sinking fund to any 
 
 ose by, 252. {<]) _ 
 
 gnate place for publication of notice of registration 
 
 i.y, 2(56. 
 ws. 
 
 » Victualling Houses. 
 
 n to be named in by-law separating junior count); 
 bed by by-laws of council to hold nomiuatians ij | 
 
 ed by by-law, 81. . . 
 
 vide for places for holding nominations and polliij 
 
 turning officer for whole municipality, 81, 
 )ointed by resolution, 81. (r) 
 
 («) 
 cipality to be, 81, 82. 
 
 lice of, provision for, 82. 
 
 nominations where election not by wards or si 
 
 82. 
 death or absence of returning oflScer or deputy, * 
 
 ators of the peace, 82. 
 > partizans, 82. {v) 
 rderly persons, 83. 
 special constables, 83. 
 ellcd to pay costs, after having received illegal vo^ 
 
 r oaths to voters, 87. 
 
 red to hold new election to fill vacancy in connj 
 
 ion to fill vacancy within fifteen days after recein 
 13.S. ., , , 
 
 » a party to proceedings to set aside election, Ift 
 costs when guilty of improper conduct, 146. |ui 
 ed to pay costs of proceedings to set aside anelwtii 
 
 aration of office to be made by, 199. 
 
 )MA, KTC— By-laws —Eleotions— Police ViiutJ 
 
 by clerk to Bureau of Industries, 182 
 
 ire clerk neglects to make, to Bureau of Induit 
 
 f to bo laid before the legislative Assembly, 
 lunicipalities in default m making, to be rettineJl 
 ial Treasurer, 183. 
 
 413. (A) 
 
 EETUBNS-((7o««nttfd) 
 
 To be made aunuallv Iw 
 
 To b:;^j/:^SrV^^^^^^ "^ ^^«-enant.Governor 
 
 REWARD. ^"'^'"' '' ^^"^^^S:^t;;^^S?-^ ^y -^oipanti. 
 
 Canno^be recovered by constable forserviees inol., . • " 
 By-laws for offering for dpf« .• "^ '° '*^*'')^. 
 
 To be offered for m^lK ^^¥''^'^1^ of criminals ^R7 
 Express legislat veTufev" "^ '-'orse th evS fJi 
 Only to beVid on con JSo^n'oF^^r^? ^"'^ «««rU of 
 Constables etc., not enHn! i * ^ *'*'«^' 413. (k) ^ ' 
 . May be granted to per^^i/^^gS^^^^^^^ 
 mDim.-See Highways. ^ ^ themselves at fires, 428. 
 
 RI(?HT OF ROAD. -S,e Hiohwats -S « 
 EIOTOUS PERSONS. ^^ow Roads. 
 
 May be summarily tried for disturbing fh 
 I RIOTS. ^ *^' P«*«<' *t elections. 83. 
 
 Election interrupted bv fn ).„ 
 
 Pos.e comitatu. may be called o . . ''^terrupted by. 
 
 IrIVERS. "^ '"''* ''"^ ^"'- suppression of. 348. (/) 
 
 By-laws to regulate cteanliness of <»« 
 l*or removal oi obstr. .ff J '^^^• 
 For preservation of SflJ""^ *'-°"'. 35.S. 
 
 ^fSS^S S;^tf -^ '-cons etc.. i„ ,54 
 ^ f-rovisio^n., i„ suTcCl^f ^ "'' ^'^- 
 
 To prevent obstructlofof stl! ''"°"" '"' ^66. 
 For levying expense o? remoWnT'.'t''" ^'S' 
 For imposing penaitie. ,„"^''''"'g obstructions 47f5 
 Removal of obstructions 'j ^'''''"""^ ^'^"S'ng oStrif- 
 Liability for ren.ova of o t r ''7 »"»'»4a S 4^'' *7«- 
 c.pa boundary. 5^."'^''"'''*-" ^^^-^^ whin foSii^^a n,uni 
 iixpenses of cleaninir ma» K ^ ""*" 
 
 DAD COMMISSIONERS. ^ '^PPortioned by arbitration, .^07 
 
 By-laws for appointment of 351 
 Meniberrofr^/Sor-'^^'^^^. 
 
 AD COMPANIES 
 
 ' 'I 
 
1404 
 
 INDEX. 
 
 ROAD COMPANIES— {C'o»»<»n«erf.) 
 
 Assent of electors required, 358. 
 By-laws for granting privileges to, 527. 
 
 ROAD SURVEYORS. 
 
 By-laws for appointment of, 351. 
 For fixing fees, etc. , of, 353. 
 
 ROADS. 
 
 Defined for purposes of Municipal Act, 9. 
 
 By-laws relating to continued, U^ portion of municipality detached 
 
 46. ^ ' 
 
 By-laws for regulating driving on, 359. 
 
 See Highways— Toll Roads. - 
 
 ROADS AND BRIDGES. 
 
 Apportionment of cost of, on separation of town from county 21 1 
 When situate in town, to be its property upon separation /riZ I 
 
 county, 29, .SO. 
 
 ROGUES. 
 
 May be committed to gaols where there are no houses of tal 
 rect.on, 340. 
 
 ROLLER SKATING RINKS. 
 
 By-laws for licensing and regulating, 391. 
 
 ROOFS. 
 
 By-laws providing for means of escape from in case of HkmI 
 
 ROUGV: ET NOIR TABLES— Bx laws for seizing and destroying, J 
 
 ROULETTE TABLES— By-laws for seizing and destroying, 396, 
 
 RULE NISI. 
 
 To be served on corporatif)ns in proceedings to quash bylawj L 
 Objections to insutHciency of service waived by appearance im 
 How to be entitled in proceedings to quash by-laws, 241,'(nj 
 
 RULES. 
 
 Non-co:upliance with, not to invalidate election, 127. 
 To be made by Judges as to forms etc. , practice, costs, etc 
 applications to set aside election, 154. 
 
 RUNN KR.S. 
 
 By-laws to prevent the importuning of travellers by, 424 
 By-l.iws for regulating purchases by, at markets, 457, 
 
 RYE. — Abolition of market fees upon, 445. 
 
 SABLE. — See Game and Fur-Bearino Animals. 
 
 SALARIES. 
 
 May be paid to treasurers, 183. 
 Of school teachers, treasurer cannot bind corporation b)i 
 auce of orders for, 183. (h) 
 
 cv 
 
 , o 
 
 il) 
 
arposea of Municipal Act, 9. ..,.., 
 
 lug to continued, ip portion of municipality detached, 
 
 egulating driving on, 369. 
 
 nt of cost of, on separation of town from county, jj 
 i in town, to be its property upon separation ftoj 
 29, 30. ' 
 
 mitted to gaols where there are no 
 340. 
 
 voiding for means of escape from in case of fire, ijjj 
 TABLES— B\ laws for seizing and deatroying, 3Jij 
 KS— By-laws for seizing and destroying, 396. 
 
 on corporations in proceedings to quash bylavf!, v 
 I) insufficiency of eervice waived by appearance, M 
 intitled in proceedings to quash by-laws, 241, ("i I 
 
 ance with, not to invalidate election, 127. 
 by Judges as to forms etc. , practice, costs, etc,i 
 tions to set aside election, 154. 
 
 prevent the importuning of travellers by, 42i 
 regulating purchases by, at markets, 457. 
 
 market fees upon, 445. 
 
 AND Fur-Be A RING Animals. 
 
 id to treasurers, 18.^. 
 
 Ljachers, treasurer cannot bind corporation bj» 
 
 f orders for, 183. (h) 
 
 SALARIES -(Continued.) ^^^* 
 
 May be settled bv council u 
 
 Solictor or counsel paid by taT'^' ^^^- ^'^ 
 I SALE OF LANDS FOR TAXES ' '^^''°'^^' ''"'*" *' '^''"' ^04. 
 
 Of property wlien qualificatinn t 
 
 by, 60. ^ """cation for municin-.I ««; 
 
 Void ^here made by corpor..- "°* '^'^'^^ 
 
 See L.Q.OH LxcCr^*""^ -'^'^ their own members 320 
 
 kALOONS.~See Ltqoor Lick^se.s *° "^^^'^-'I^^^ council, 62 
 
 lAW.LOGS.-By-laws for regulating booms in «! 
 
 pW-MILL. ^' ''"'"« »" streams and rivers. 466 
 
 By-laws regulating use of nnrfnki 
 
 ways, 476. ^ ^'''^^''^^ «°««ne3for, iu vH„:,, ,, 
 
 CHOLARSIIIPS.- By-laws for , ' ^^^'"^ of high- 
 
 CflOOL-BOARDS. ' '^"^ ^''^ «"^-'-nt of. 420. 
 
 Sections as to arhi'<->..4.- 
 , applicable to.T^f "f" 'epamtion of m„„w-„,.. . 
 
 bllOOL BOUNUAEIES v . "°'Palil.e« „„t 
 
 ^L.HOUSB. """""'""'■■'"-of. M. >., 
 
 Cannot be built hv on»„ i 
 
 ^^- PuBuo .Cr' -t-Je of municipality, 20, ., 
 
 [OOL PATES. -Amount of yearlvr.. . ' 
 
 *>e AssEs.SMfi.;T. ^ ^ '"*"' *** ""^ ^«vied exclusive of 07. 
 IDOL TEACHERS. ' 
 
 Treasurer has uo power tn K* 
 
 orders for salaries of l^i^u^ ''"'"POfation by acp^,.f 
 To post up voters' lists, 1162 ^ ^ «««eptauce of 
 
 lOOL TRUSTEES. 
 
 By-laws aiithorizintr isaiiP «f l 
 
 amount required Z.„ m ^^.^°«' debentures K . 
 
 252. (/,) "^ '*""»*"y for sinking S JSlj ^» state 
 
 Loans and gifts may be ma^ . r *^ '"'"' *»d mterest,. 
 
 *.^ VA^ccNA^Jr ""^^ '"' ^^'^ «<^'>ooI purposes. 286. 
 
 Officers etc., of. ejcpm»f * 
 
 BHawsfor^egulat'f JrsoT^'''^^'" "'--ipal office. fi« 
 When exen.pt Irom taxation 715^'''' ^'•"'«. 3G0 """' ^^ 
 
 «ealth-Pd5^jo Schools. 
 
 if -I 
 ski 
 
1406 
 
 INDEX. 
 
 
 m 
 
 Pi 
 
 SCIENTIFIC INSTITUTIONS. 
 
 Exempted from taxation, 716. 
 SCRUTINY. 
 
 See By-laws— Elections. ' 
 
 SCUTTLES IN ROOFS. 
 
 Bj'-laws to compel owners or occupants tc have, 429. 
 SEAL. 
 
 To be affixed by deputy returning officer to ballot box b«fo 
 
 receiving votes, 105. "' 
 
 Object of affixing, 105. (a) 
 
 Should be of a substantial character, 105. (a) 
 
 To be affixed by deputy returning officer to packets of biluj 
 
 papers, etc., after counting votes, 114. I 
 
 To be affixed by clerk to packages of ballots after decidinffdiif 
 
 ■} \iuu putes as to counting same, 116. ° I 
 
 To be placed on papers by County Judge during adjournmeiitrfl 
 
 recount, 121. '■ 
 
 To be placed on packets by Judge after recount, 123. 
 
 To be placed by deputy returning officers upon packets of l»i I 
 
 lots, 230. '*•' 
 
 Warrant for levying penalties by distress to be under, 313. 
 
 Sec CoRP(»KATE Skals. 
 
 SEARCH WARRANTS.— -Vee Liquor Licenses. 
 SECOND-HAND STORES. 
 
 Police conunissiouers to license and regulate in cities, 324 
 
 SKCRECY OF VOTING. 
 
 Voters to preserve on marking ballots, 107. 
 
 Officers and agents to aid in maintaining, 12.5, 
 
 No one to attempt to ascertain how ballots marked, 125. 
 
 No one to conunuuicate information as to how voter has rota 
 
 125. 
 To be maintained at counting of votes, 12.5. 
 No one to induce voter to display his ballot paper, 125. 
 Penalty for violating, 128. 
 Statutory declaration of, to be made by officers and 
 
 presi-nt at polling, 126. 
 Forms of statutory declarations as to, 631, 633. 
 r»-; See By-laws. 
 
 SECURITIES. 
 
 Continued upon separation of Municipalities, 50. 
 Right to demand renewal of, from officer*? preserved, 50. 
 To be given by treasiurer before entering on duties, 184. 
 Of treasurer, council to make annual enquiry as to tufficitwJ 
 185. ' ' 
 
 To be given by treasurer pro tern., 187. 
 Cor'jorations may accept policies of guarantee compuiij 
 
 'officers, 206. 
 To be cancelled where policy of guarantee company accepi 
 To l)e given by petitioner for scrutiny of votes on bylinj 
 May be given by councils for purchase of public vorbf 
 Crown, 265. 
 
 JtiriNil 
 a I 
 
 0/ tovj 
 
 Oi t( 
 ell 
 PARA Til ),\ 
 
 iVANi.s. 
 
 livlav 
 ii -i.iivl 
 
 5J''^. Seei 
 ^i"' TllEEi 
 
mpel owners or occupants to have, 429. 
 
 by deputy returning officer to ballot boxb«fo« 
 ving votes, 105. 
 
 ."""^'Sliu.tS oharacfr, 105. («) 
 by 5«puty returning offlcr to paek.l, „l b*. 
 
 in^i^aekets bv Judge after recount, 123. 
 Jy^depiity returning officers upon packets of l^. 
 
 levying penalties by distress to be under, 313. 
 
 POKATE SKALS. 
 
 I'l'S.— -Ste Liquor Licenses. 
 
 'ORES. , ^ . ... „.^ 
 
 issioners to license and regulate in cities, 324 
 
 'ING. ,_ ><■'■ 
 
 eserve on marking ballots, 107. 
 
 agents to aid in .•"^»»*^"""S^ ^f^^rked 125 
 
 ^:f^^:r^^la;i:!:^^^!^paper..25. 
 
 ;iS&i''': to be made by officers and, 
 
 ; at iiolling, 126. _„„ 
 
 atutory declarations as to, 631, 6dA 
 
 ■ LAWS. 
 
 ui.on separation of Municipalities, 50. 
 " and •rt.ewal of. from officer, preserved 50. 
 .hv treasurer before entering on duties. 184, 
 r Luuc 1 to make annual enquiry as to .ufficH 
 
 :ii;!^bereH.JJo^«X?^^nSM| 
 
 INDEX. 
 
 t SECURITIES- ((7on/m«crf. ) ^ ^^^ 
 
 Not to be issued hv /. 
 
 Of municipal officers t7brfitS'b«'J«" *han $loo gn. 
 May be required from person- r«-''-^"^''^' '^^3 ^^ 
 
 harbours, etc.. SSs!^ "' deceiving aid for consf,. *• 
 May be required from conanm^ ,. construction of 
 
 or water, 366. '"™^" ^y municipalitv .„ ,. 
 
 Security for co.sTs.-^ee cont 
 
 ISEED.-Abolition of market fees uiriT'^'' ^'''=^'«^«-E.eotiox« 
 
 8ENATE.-Membersof.exemptfrom;ervli„ . 
 MENIOR COUNTY. ^ ^ »n«nicipal office, 66 
 
 To assume debts of nnU^ 
 
 ri.^ separation of jj^cortv'r '"*'-' ^9. 
 
 ireasurer of, to deliver up Kj ?T' *^- 
 
 separation, 42. ^ ^^^^^ *» treasurer of new .o . 
 
 Proceedings to be canied on in aff "'^ °" 
 
 KNIOR MU.VK^IPALITY. ' "eparation. 45. 
 
 To issue debentures unon B«,^ x- 
 Li,tl.ility of officer nJ!? ^^P'^ration to cover .^- *• 
 Recovery of excess in l'"''^^' "otaffected bv* '"« ^^^^' 47 
 May n.ake antSpa orv ""* P^^^'" ^y nercorLr?K''^''°". 49- 
 numicipaIit;r:^,X^Priations forTe^^^- ^ ^^^^ 
 
 EXIORITY-Of united townshin«h 
 
 .PAR..TK SCHOOL BolltllZ:^:'''' ''' 
 
 mRATJON OF MUNJCIPALmES " "• 
 
 0/ town from countv n,^: x ' * 
 
 Conditions of, 29. 
 
 No time limited for annJ;^.*- 
 
 Oi towiLships When firaS! ?^ continued, 49. 
 
 election. 79. ""^^'^ to appoint place f^r \oldin. fi„. 
 
 tAIUTI. )N OK COUNTIES -9^ tt 
 
 .V.e OKKicKHa olcoiZlt'Z "^^''^-^ o^oe. for. 460 
 t.A ( ■ E. -.See Drainaok. 
 BKS. AVe Uhainaoe— -lonAi t»,^ 
 
 m 
 
 > h 
 
1408 
 
 IKDBZ. 
 
 H: 
 
 >iiil 
 
 SHAREHOLDER 
 
 Not disqualified because company has dealings with corporatjoi) 
 
 SHEEP. 
 
 By-laws for prohibiting driving of on streets, 443. 
 Market fees upon, 447. 
 See Doos. 
 
 SHERIFFS. 
 
 Appointment of in provisional county, 41. 
 Process in hands of, at time of separation of new county, 42. 
 Continuation of writs in hands of, at separation of new county 43. 1 
 Of senior county not to execute writs in new county, 43. 
 Disqualified for election to municipal oflBce, 61. 
 Writ for new election to issue to, where all members of council I 
 ousted, 149. 1 
 
 County not liable for rooms engaged by, for courts of jiijtJM 
 334. (a) I 
 
 To receive and safely keep persons committed to common gaol, 335 1 
 Should not detain prisoner after payment or tender of fine anil I 
 coats 3.S5. (c) ' 
 
 To have care of gaol and appointment of keepers, 340. 
 To decide us to number of keepers necessary in gaols, 341, 
 Power of, as to calling out /joise comitatuH, 34H. (/) 
 
 See. Assessment— rOxECUTiON against Municipal CoRpomJ 
 TioNS— Officers of corporations— Parry Sound j 
 MusKOKA — Public Meetings — Voters' Lists. 
 
 SHINGLES. — By-laws for regulating the measurement.of on markets,^]] 
 SHOP lACENSES.— S'fe Liquor Licenses. 
 
 SHOPS. 
 
 Act to regulate the closing of, 1145. 
 Short title, 1145. 
 Interpretation, 1145, 1150. 
 
 "Shop." 1145, 1150. 
 
 "Closed," 1145. 
 
 " Unincorporated Village," 1145. 
 
 "Local Council," 1146. 
 
 " Municipality," 1146. 
 
 "Young Person," 1150. 
 
 " Kmplover," 1150. 
 
 " Week." 1150. 
 
 "Parent," 1150. 
 By-laws to determine hours of early closing, 1146. 
 Council to pass by-law on application of occupants of shops, 1, 
 Form and proof of applications, 1147. 
 Presenting application, 1147. 
 Commencement and publication of by-law, 1147. 
 Restriction on repeal of by-law, 1147. 
 When by-law may be repealed, 1147. 
 CI )8ing shops in which several trades are carried on, 1 147. 
 Druggists and chemists excepted, 1147. 
 Supplying articles to lodgers, 1148. 
 
 -.;/, 
 
 Proh 
 
 Provi 
 
 Whei 
 
 Applfl 
 
 Limit 
 
 ill 
 
 ProccJ 
 
 s\ 
 
lltDSX. 
 
 dealing* ^i*^ corporate, 
 
 oause company bas 
 
 » 
 
 iriving of on streetB, 443. 
 ,iting driving 
 447. 
 
 uSnnal county ,_ 41. county, 42. , 
 
 ,% in bandB f ;^tSn „ew county, 43. 
 
 ^^^S" '"1 engaged by. ior court. oU«.. 
 3le for rooms ^^^^^^^ ^^^^^ 
 
 , !,.«« persons committed JO r «{ fi„eail 
 
 safely ^«?fj after payment or 
 Mil prisoner ax ,. ^^^ers, 340. 
 
 
 ){ gaol and 
 
 aol and .-^^;;;;;;8 necessaryin s-'=. . 
 
 o callmgout /;%ot. ^«^i!',oi^--PARRV Sousd J 
 
 ^^'^^T'gte-^^^^^^^^ 
 aforregulatwg^in ■ 
 
 L the closing of, U*5- 
 
 b U45, 1»50. 
 "1145, 1150. 
 
 KVrtU Village." ^^^^• 
 lorporatea 
 
 HI son." 1150. 
 rover," U50- 
 t" 1*50- . ,,ifi 
 
 bSotag-»«- 
 
 INDEX. 
 
 1409 
 
 ^j[QfS— {Continued. ) 
 
 Agents or servants to be liable to penalty, 1 148. 
 
 By-liiws t(* be deemed to have boon p waod under Municipal Act, 
 1148. ^ 
 
 Powera of township councils, 1149. 
 
 Local councils may enact different provisions for different locali- 
 ties, 1149. 
 
 By-law invalid as to one class of shops may bo good as to others. 
 1149. 
 
 Burden of proof of irregularicy of application, 1149. 
 
 Prohibition of employment of young persona in shops after cer- 
 tain hours, 1149. 
 
 Commencemont of operation of prohibition, 1149. 
 
 When young person not to be employed, 1150. 
 
 Time to be allowed for meals, 1150. 
 
 When young persons have been employed on same day in factory, 
 1150, 
 
 Penalty on employer, 1151. 
 
 Penalty on parent, 1 151. 
 
 Seats to be provided for female employees, 1151. 
 
 Notice of hours cf employment to be exhil>iteit in shops, 1151. 
 
 Power of employer to exempt himself on conviction of actual 
 offender, 1152. 
 
 Prohibition not to apply where employees are at home, 1152. 
 
 Proving age of young person, 1 152. 
 
 When penalties to be cumulative, 1152. 
 
 Application of tines and penalties, 11.52. 
 
 Limitation of time and general provisi(jn3 as to summary proceed- 
 ings, 115,3. 
 
 Procedure on prosecutions, 1153. 
 
 By-law heretofore passed confirmed, 1153. 
 See Junk Shops — Makket.s. 
 
 BHORES.— By-laws for regulating the cleaning of, 4.33. 
 
 IHOUTING. — By-laws for regulating or preventing. 
 
 IHRUBS— .S'ee Teees. 
 
 DEWALKS. 
 
 By-laws for preventing leading or driving horses, etc., upon, 423. 
 
 By-laws for removal of snow, ice, etc.. from, 481. 
 
 Booths for drivers not to be erected ou with consent of owiir!r of 
 
 adjoining land, 444. 
 Liability to repair highways extends to, 486. ( p) 
 Ownor of adjoining property may be permitted to improve, .^91, 
 
 See Local Improvements. 
 
 3NS— By-laws for preventing injury to where lawfully affixed, 3 >3. 
 
 IKING FUND.— 5(56 By-Laws. 
 
 (IK8.— By-laws for regulating the construction of, 402. 
 
 kXING RINK.— To bo deemed a place of amusement, 392. (b) 
 
 177 
 
 
 ■'U 
 
1410 
 
 INDEX. 
 
 [IP 
 III' 
 
 i 
 
 SLAUGHTKR H0U.4ES. 
 
 By-laws that nu one shall keep, without a special reaolutioo I 
 
 397. (0 
 By-laws for reg':lating, 400, 475. 
 
 SLEIGHS. — By-laws for regulating the width of runners on, 467. 
 
 SLIPS — By-laws for regulating and cleaning, 433. 
 See WiiAKVKS. 
 
 SMALL POX. 
 
 Au indictable offence to expose person afflicted with, onhiirhnM i 
 389. iyy\ ' ''* 
 
 «SV- Pi Biiio Health — Vaccination. 
 
 SMALIi-WARE. — By-laws regulating sale of, on streets, 454. 
 
 SMELLS. -May be a public nuisance, 397. {t) 
 
 SMOKE. — By-laws to prevent the fouling of the atmosphere by, 42j, 
 
 SMOKING. — In mills, outhouses, etc., in police villages prohibit«d j 
 
 SNARING. — Sea Gamk and Fur-Bkarcno Anim; ls. 
 
 SN'T'E. — See Gamu and For-Bearino Animals, u. . i 
 
 SNOW. 
 
 By-laws for removal of, 431. 
 
 Liability of owner or occupant for removal of, 431. (tn) 
 
 SNOW FENCES. 
 
 By-laws for taking down or altering fences on highways, 3Sj, 
 Alt re»pectin(f. 
 
 (Jouiioiis may order removal of fences causing drifts etc oflii 
 
 ways, 1002. ' 
 
 Compensation to be made to owner of fences, 1002. 
 Arbitration in cose of disagreement as to compensntioil KijjJ 
 By-laws requiring erection of wire fuij'ies on liigliwuys, KKfil 
 Person erecting fence to have use of pai' of high way as com 
 
 sation, 1003. 
 No highway to be reduced to less than lifty four feet, lOflJ 
 W hen council may take down fences and erect fence as o 
 
 1003. 
 Collection of expenses of such proceedings, 1003. 
 Power to enter on lands and maintain snow fences, lOOi 
 Arbitration in case of di' agreement as to d)uuuge». ! lOi 
 
 il 
 
 When felloes so erected sliall be removes! 11KI4. 
 
 UNOW ROADS. " ' - i-...:- . 
 
 Bylaws providing for making double tracks in, 541. 
 Ac. reapectiTKf duulUe tracks in. 
 
 Interpretation, "Team," 1000. 
 
 County council ii.ay provide by by-law for double tracb^ 
 
 sleighing, lOOJ. 
 How tracks shall l<e mauc, 1000. 
 Right of road, 1000. 
 Duties and powers of path masters, 1000. 
 
 
fo^one Bhall keep, without a special resolution,! 
 Bg«:lating, 400, 475. 
 
 [0 i?KALTH. 
 
 for regulating the width of runners on. 467. 
 egulating and cleaning. 433. 
 
 IKVKS. 
 
 , offence toexpose personafflicted with,onhighw»jl 
 
 uo Hkalth-Vaccination. 
 
 Jy-laws regulating sale of, on streets. 454. 
 
 a, public nuisance, 397. (0 
 
 o prevent the fouling of the atmosphere by, 42f 
 
 is, outhouses, etc., in police villages prohibited, d 
 
 ,MK AND fUR-BE.VRlNO ANIMVLS. 
 
 AND Fur-Bearing Anxmvls. 
 
 INDEX. 
 
 SmW ROADS^iCorUinued ) ^^^^ 
 
 Statute labour iin«« 
 
 If township JefZTmT'^"^'-' JOOl. 
 
 impose rate wmi^''^^ *''''cks countv r„ 
 P-alty for r^U^^ ""*^ -^y make then. a.cl 
 
 ou,'K*-"-«ou letttja-^^^^^^^^^^ 
 SOLICITOR. ' "''^ refusing to turn 
 
 Disqualified for election f 
 
 corporation, 63 Municipal office wl,i 
 
 Exempt from service in .« • • '^* •*'*"'« agaii,.* 
 
 Corporation ^holw ''" ^'^'J'^^Pal office. 66 
 
 If to^^nclerkmayhave^Ec "''''• «'^*^' SOa' (c, 
 Tenderofamendsmayben.adeto.249. („ ^ * "^'^'^ '-- 
 
 SON. 
 
 '"'-^VStS^JJll^^oftovote.CM,, 
 
 r taking down or altering fences on highways, 38i ■si'ECIAL RATE. 
 
 •SPECIAL CONSTABLE. 
 
 May be sworn in to assiaf in 
 
 Penalty for refusi^.g^alt " f^erving the peace at «] *• 
 , See CoN.sTABLiii_p*u]; Tn\. elections, 83. 
 
 SPECIAL MEETING. ^ebtinqs. 
 
 To be called to till v^^- 
 ' "ATE. "•"Olni. CoUDciij. 
 
 „.y order removalof t»no<» <;a».mg drift, .fc, 
 
 !;,'?!! be reduced to le8» than Wty fo»r l..t, 1(111 1 
 m^l m^y take du«u feuce. .ml ereet feu.. »i 
 
 £HoTeetf;.:«rweL"^-^^^^ 
 
 providing for making double tracks in, 541, 
 I double tracks in. 
 
 roS\;;i;T«vKyby-i.» .^r d„„bi..,.*; 
 
 ihing, lOCX 
 
 ckd shall be maae. 1000. 
 
 LT^lweTof path master.. 1000. 
 
 May be imposed on an. 
 
 FECIAL RATE account' 
 
 When surplus in may "be »r,,.T , 
 
 8'ukingfund, 283 ^^^'^^ *° ««t year's inf„ * 
 5BITU0US LIQUORS -T L '^^ '^ 
 
 p. BALLOTS^.. baI;;:^^^^^"^-^--- 
 
 lUlBS K """"^^«-^-bSc p;kks'' P^=^^<^«d for, 365. 
 
 K».=,t of „„,,„., „^,„^ 
 
 Effect of intcrpretatmn i "'"■pwtotion of 
 
 i 
 
 rii 
 
" V "iflBP* i'l 
 
 I 
 
 1412 INDRX. 
 
 STATUTE LABOUR. 
 
 Compulaory comtniitation of, in unincorirarated villagoa, 23, 
 PersoiiH planting treea may he allowed tin abatement of, 392. 
 By-law anthorizing voluntary commutation of, 470, 
 Who liable t. do, 470 (j>), 703. 
 By-lawi< for fixing amount of commutation, 470. 
 
 lA>r tixing number of <lay8 for, 470. 
 
 For enforcing performance of, 470. 
 Liability for non- performance of, 471. (") 
 By-laws for regulating the performance of, 472. 
 
 For rtiducing the amount of, 472. 
 
 For enforcing performance of, in keeping roads open in wint«r 
 473. 
 
 See A.SHKS.SMKNT. 
 
 STATUTES OF LIMITATIONS. 
 
 Begin to run from time of acta done under illegal by-law8, 248 (d j 
 
 STATUTES OF MORTMAIN. 
 
 Municipal corporations subject to, 173. (v) 
 
 STATUTORY DECLARATION.— .S'ee Dkola ration. 
 
 STAY OF PROCEEDIN(}S. 
 
 On by-law pending enquiry as to cornipt practices, 247 
 
 STEAM BOATS.— Where to be asseaaed, 711. (») 
 
 STEAM ENOINES. 
 
 By-laws regulating use of in vicinity of highways, 476. 
 
 STEPFATHER. 
 
 Included in ' * father " in relation to franohiac of farmer's 
 
 STIPENDIARY MAGISTRATE. 
 
 Person may be convicted before, for violating aecrccy of v 
 
 125. 
 Person may be tried before, £<)r violating secrecy of votii 
 
 by-laws, 234. 
 
 iS'ee Alooma, ktc— Public Hkaltu. 
 
 STOCK. 
 
 By-laws for aiding railways by taking, to be assented to \xi 
 fifths of ratepayers, 607. ] 
 
 May be taken in road companies, etc., by municipalitieil 
 337. (t) 1 
 
 6VC ASSK.SSMKNT. 
 
 STONE. — Not to be deposited on roads during sleighing, 477. 
 
 STORES. 
 
 Market regulations not to affect sales in, 448, 
 See SHOP.S. 
 
 STOVE-PIPES.— How to be erected in poUce villages, 617. 
 
 800,] 
 
 .STOVKS.~By.Ja 
 
 STRAW. 
 
 N^ot requi 
 
 44Q. 
 %-Iaws ft 
 
 STREAMS. 
 
 liylawa foi 
 'SV« By 
 
 [STREETS. 
 
 iiylawe tola 
 
 another 
 
 %-i.iW8 for I 
 
 [ 'ty eomnjiia 
 
 /'"blic fairs s 
 
 "y-iaws for p 
 
 For nimil 
 
 for keepi 
 
 '•"r "ami, 
 
 ^''anifin^ 
 
 ''o he 
 Copy c 
 
 r ^'« 
 P Judge 
 
 J'"- ••e;tfnlatinlr t 
 Jorprohibiti,,,,! 
 J"'- 't'giilatin.r c 
 ReguJutions of J 
 % iawa for prev 
 
 ^ofctobeloithf 
 
 Aee Hiuifwxl 
 
 AlKNT ."^o 
 
 VVAVS. 
 
 ft BET OVERSEERS 
 Formofdeelaratii 
 
 n>KNTS. 
 
 K 
 
 MPS. 
 
 «'npt from serj 
 '^es .Manhood 
 
 liyhm for rvf.„int 
 
 STITimONAL SERi 
 J^ay be ordered wJ 
 service, 146, 
 DAYS. 
 
ISDBX. 
 
 tlon of. in unincor Jortt,:ent of. 392. 
 " , \,« allowed tvn au» -^ 
 
 ?,CtC'— ^'^^'^ ' 
 
 ,er of clays {<>'•. J^O. 
 erformanoo ot, 4- 
 
 ;;?amo«"t c.f 47"2.^ . ,, roads open u. .,nUr, | 
 joiforma"'^'^"''"' 
 
 NT. 
 
 time ot ai'*« 
 nations subject to. 
 
 ^^''^- ;.v as to corrupt F'^^^i^""-''^ 
 ,„g enquiry as 
 
 ere to bo assessed, 7U 
 
 e of in vicinity of l^ig^-y«'*^«' 
 
 . ,^ franchise of {amcr'8 9od 
 Lther-intelaUoutofra | 
 
 W'tild Wore, for violating secrecy oi. 
 
 r' t,r violating B-ecy of votJ 
 
 L tried before, tQ^ I 
 
 „t to affect sales in. **»• 
 [ilfttionB not to au 
 
 ., tin poUce village*. »"• 
 ,ow to be erected mpo 
 
 INDEX. 1413 
 
 STOVKH.'By-Iawa to regulate oonstructiou, etc., of, 428. 
 
 STRAW. 
 
 Not required to be weighed before Bale unless partips so desire. 
 440. • 
 
 By-laws fur regulating sale of, 464. 
 
 STREAMS. 
 
 By-laws for straightening, where dangerous to bridges, 1211. 
 
 ■SV BV-LAWS— DrATNAOB— RiVRKS, 
 
 IgTREKTS. 
 
 By-laws relating to oontinuo*! in portion of municipality added to 
 
 another invinicijmlity, 46. 
 By liiWH for preventing deposits of rubbish, etc., upon, 389. 
 City oouncila iniiy prevent auctions in, 415. (t) 
 Public fairs should not bo hold ip, 4*20. (ft) 
 By-laws for preventing the obstruction of, 433. 
 
 For numbering houses on, 4.30. 
 
 Kor keeping a record of names, numbers of houses, etc., 437. 
 
 For naming and marking boundarit-s, 4.37. 
 
 Changing names, to contain certain provisions, 437. . 
 To he Hul)jeot to approval of County Judge, 4.38. 
 Copy of i)y-law, etc., to Ije served on Uegiatrar and pub- 
 lished, 4.38. 
 Judge to cortify approval of change, 438. 
 For regulating traffic i>n, 442. 
 For prohibiting or regulating coasting on, 433. 
 For regulating cvb stinds, 
 Regulations of sales of goods upon, 447. 
 By laws for preventing and regulating sales by retail in, 464. 
 Not to be less than sixty-six feet wide, 514. 
 
 See HiunwAVS— Local Imvrovemknts— Municipal Amend- 
 ment Acr — PoLicB Villages— Public Health— Rail- 
 ways. 
 
 ilEET OVERSEERS. 
 
 Form of declaration of office to be made by, 199. > 
 
 IDKNTS. 
 
 Exempt from service in ntunicipal office, 06. 
 See. Manhood SuFVRAOE. 
 
 IPS. 
 I"* Bylaws for regulating burning of, 389. 
 
 Lial)ihty of person setting tire to, for damage to other property, 
 390. (s) 
 
 8TITUTI0NAL SERVICE. 
 
 May be ordered where defendant to writ of summons avoiding 
 service, 146. 
 
 ij'i 
 
 :! 
 
 }Ays. 
 
 ■i, 
 
 See LiQUOB Licknsbs. 
 
1414 
 
 INDEX. 
 
 SUPPLEMENTARY LISTS. 
 
 SUHBTIES. 
 
 Of providioiml troamirer, obligation of, 39. (v) 
 Effect of Hvpanition of luuiiiuipalitieH upon liability of, 40. 
 Coutinuiitioii of liubilility of, nf tor suparatiuii of iniiiuuipalitien, j;o 
 DiaqualiHud for election to municipal councils, 63. (/>) 
 Rtiquircd upon recognizunco of relator, in proceedinga to not uiii* 
 
 eleotioM, 142. 
 Rights Against not affected by withdrawal of moneys after ilji. 
 
 niiHHiil of treasurer, 1K9. (q) 
 Of collect(TB in junior counties to be responsible to council of tlx 
 
 union, lUl. "* ' 
 
 Of treasurer not relieved by auditors neglecting to report, I94 / 
 
 Notdischargedby imposition of additional (lutii'BOMofncurN, 206.1/1 J 
 Guarantee companies may take the })lace of, 206. ' 
 
 Two re(juired by |>etiti()ncr for scrutiny, 236. 
 See Bonds — Seoukitiks. 
 
 SURPLUS— fi^e« Finance. 
 
 SL^KVpYORS — By-laws for appointing corporation surveyors, 462, 
 See Dkainaok— Link Fencks. 
 
 SWANS — See (Jamb and Fok Bearing Animals. , , . 
 
 SWINE.— Market fees upon, 447. 
 
 TANNERIES.— By-laws for regulating, 401. 
 
 TAVERN. 
 
 Elections not to be held in, 81. 
 • Licensed shops nof-< included in term, 81. {q) 1 . 
 
 Elections held in, invalidated, 81. {q) 
 
 See Liquor Licenses. 
 
 TAX DEEDS.— 5ee Ahskssment. ' | 
 
 TAXES. 
 
 " Locality " subject to, 18. (n) 
 
 Non-payment of, to disentitle income voter, 74. 
 
 Lilt of defaulters to be prepared by treasurer and 
 
 clerk on or before nomination day, 94. 
 Defaulters' lists to be evidence as to payment of, 101. 
 List of persons in default to be made out by treasuici bj 
 
 December, 188. 
 Collector to return list of persons in default on 14th I)i 
 
 190. 
 Statement of amount uncollected on, to be published by 
 
 194. 
 May not be imposed on individuals exercising certain 
 
 occupations, 213. 
 Should be general in application, 214. {g) 
 Of certain amount per acre without reference to value had, 2^j 
 Provision for meeting current expenditure until collecttd, 
 
 iTRES. 
 
 BylaJ 
 ByJai 
 
 ifDER bI 
 
 By-Ia», 
 May bi 
 
 Se 
 
,f littbilility of, after Biiparauui... •"""; r 
 
 rm.t affected by withdrawal of moneys after .1* 
 Tp^rciZA. b« re.po„.ible to council oft^ , 
 
 i]\ relieved by auditors neglecting to rej>ort, m{k] 
 X XoitiLof additionaldutu^nolfecorH. .200,,;, 
 
 mpaniei may take the i.lace of, 206. | 
 
 Iby petitioner for scrutiny, 236. 
 03— Seoubitikb. 
 
 aws for appointing corporation surveyors. 462. 
 
 LINAOR-LINK FEN0K8. 
 
 AND FtiK Bearing Animals. 
 368 upon, 447. 
 
 -laws for regulating, 401. 
 
 ■ 
 
 r"subiectto, 18. (n) .. 
 
 !«f to disentitle ucome voter, 74. j 
 
 LTrtlVs'^t^'r prepared by treasurer and .J 
 
 'rsona iJ^dlult to be made out by treasurer b, 
 To 'reU™ list of persons in default on 14th Dec-^ 
 .t of amount uncollected on. to be published by. 
 be imposed on individuals exercising certain - 
 fgreml i«' Wli«;tj?°' 214. (0)^ valuehadd 
 
 IVDEX. 
 
 THACHKK.S.— Kxoini.fc fr,„„ „„-^i , . 
 
 ItKAMS.- Hire of, to be doomed bribery l«l 
 See Hn„w f{oADH. ^' **'• 
 
 TELEGIJAPH POLKS-My-iaws ro«„latin^ fh 
 
 fEMVERAmK ACTS -.V.« Liquok L.cknk ""*'*'" °'' '^• 
 
 p.\lP()RAIlY ABSKNCK. 
 
 Not to (lisentitlo farmer's sons to vote 7^ 
 
 IENANT. -.y^f LKAHRIfOLDKR. 
 
 KNDEU OF AMKNDS 
 
 To 1)0 specially pleaded. 249 ^^^ 
 
 Definition of, 249. fj;) 
 
 How to bo made, 249. («) 
 
 What doemeii suftioiont,* 249 (a) 
 
 lo whom to he made. 249. (',.) 
 
 If no more than amount f»i.^i j 
 
 . cost. 219. . *""^-«d -covered, plaintiff not to :,.v. 
 
 Ol.ject of pormittinv, 249 (h\ * 
 
 May 1)0 made in aotionq f«..\, i- 
 
 SfURK OF OFFICE— Of nffi« 
 
 VKSOIVINO. ^ '• 
 
 l)av> appoi„to,l for „„t to 1« reokn.^i • , 
 
 .lect,o„., 127. " ''''"""i m calouUling time u h, 
 
 "' t'te"E;'« Sr^-'^^'^r/lr., 4.3. 
 
1416 
 
 TIME. 
 
 
 TIRES. 
 TITLE. 
 
 moEx. 
 
 None limited within which application to Lieutenant Goveroor 
 
 for separation of town from county to be made, 29. (x) 
 For holding elections, 77. 
 
 For election of members of councils in new municipalities, 78. 
 For holding nomination meeting. 00. 
 Rule for computation of, 134. (b) 
 Computation of, for return of writ of summons to try validity of 
 
 election, 146. 
 Within which prosecution may be brought for bribery, etc., Igj 
 For passing by-law aHsentcd to by electors not to run wbjl( 
 
 scrutiny pending, 230. 
 Within which l)y-law assented to by electors to be passed, 23b', 
 Lapse of, a ground for courts refusing to quash by-laws, 242. ({ 
 Within which proceeding to quash by-law imposing rates inayliel 
 
 taken, 245. 
 For commencement and end of fiscal year, 275, 275. (o) 
 
 By-laws for regulating width of, 442, 467. 
 
 How acquired by corporation where owner under disability, Jij I 
 TOBACCO. — By-laws to license and rogtilate s;de of, 445. 
 TOBOGGANING.— By-laws for prohibiting or regulating, 44.3. 
 
 TOLL ROADS. 
 
 Provisions as to the use of traction engines upon, 101,"). 
 Act to facilitate the purchane of, by municipulitiex. 
 Style of Act, ll9:i 
 Interpretation, 1193. 
 
 " Owner," " Owners," 1193. 
 
 " l{oad," " Roads," 1193. 
 
 •• Town," 1193. 
 Appointment of commissioners by county, city, or town, lisjj 
 Tenure of oHice of board of commissioners, 1 193. 
 Examination of toll roads by commissioners, 1193. 
 Board nuiy examine books, etc., of management of, 1194. 
 Maps may be made of roads, 1 194. 
 
 Maps may be registered if road approved by council, \\%, 
 Board to value road, 1194. 
 How value to be ascc'rtained, 1194. 
 Matters to be considered in determining amounts to be paijj 
 
 municipalities, 1195. 
 Commissioners to make report to council, 1195. 
 When conipensauion for roads to be paid into Court, 1195. 
 Compensation to stand in place of lauds, 119G. 
 Possession not to be taken until compensation paid, 1196. 
 Notice to be given to encumbrancers, 1196. 
 Costs where roads not taken, within a year, 119G. 
 Costs to be in discretion of arl)itrator8, 1196. 
 Certain sections of Public Works Act to apply, 1197. 
 Certain powers vested in conunissioner of Public \Vorks \ 
 
 in board of commiGaioners, 1197> 
 
 TOLL ROADS 
 
 After p 
 When a 
 -Appeals 
 By-iaws 
 
 By-Jaws 
 1201 
 Powi 
 
 County cl 
 
 to be 
 
 Procedure 
 
 ^ees of bo 
 
 Aboh'tion 
 
 ■Mode of de 
 Allowance 
 See Hi{ 
 
 5LLS. 
 
 J» 
 
 ^^^giit to CO 
 Crown, 
 ^ot CO be le 
 
 coniiniss 
 ^y-Jaws for 1 
 bylaws for I 
 Act exemptir 
 'See ' 
 ORONTO. 
 
 t'ounciJ to ani 
 
 ^ (See 52 V 
 Auditors of to 
 rejection of 
 
 ^""icipal righ 
 
 fti-ection of i„t 
 
 ^Vijiistnient of 
 
 Lieiitenant-(,'o' 
 Alay l,e ,„a,jj, 
 
 j'-xtension of j; 
 
 A'«y,l»edivid'c.d 
 
 ^oiitmue part ck 
 
 J-^lectors to assel 
 
 Way »e eroctedf 
 
 i'«yhewithdr? 
 i^etition may j] 
 
 ,, '"'"exation, 
 
 VVithdrawaJfroif 
 
 {jomlitions of rei 
 
 %-law8 in fo„5e] 
 
 Liabdity for debl 
 
 178 ■ 
 
INDBX. 
 
 1417 
 
 T • Mtenant Governor 
 ion meeting. W. 
 r assented to uy 
 
 . ,.u af 442, 467. 
 Ating width 01. * 
 
 ,„n-/ia«e o/, "J/ "' 
 
 1193. , iiQo 
 
 u owners, i^^**- 
 
 VoftdsnottaK*^ ^^rg^ ll9t>. 
 
 Ir. vested in cow 
 
 fOLTi ROADS— (Continued.) 
 
 After purchase, same powers vested in councils, 1200. 
 When award of arbitrators to become absolute, 1200. 
 Appeals from awards to High Court, I'iOO. 
 By-laws for borrowing money for purchase of roods, 1201. 
 
 To be submitted to ratepayers, 1201. 
 By-laws applying to certain local municipalities in counties only, 
 
 1201. 
 
 Power to borrow amount for purchase of road in such cases, 
 1202. 
 County clerk to make annual statement to local clerk of amount 
 
 to be levie<l, 1202. 
 Procedure where owner desires to abandon roads, 1202. 
 Fees of board of commissioners, 1202. 
 Abolition of tolls by cities and towns on removal of tolls by 
 
 county, 1202. 
 Mode of determining tolls on part of road taken, 1203. 
 Allowance by county council tor maintenance of roads, 1203. 
 
 See Highways. 
 
 rOLLS. 
 
 Right to collect, may be acquired by municipal council from 
 
 Crown, 2()5. 
 Not to be levied on roads declared to be no longer subject to 
 
 conimissiimer of public works, 511 
 By-laws for raising money by, 525. 
 By-laws for granting right to take, 52ti. 
 
 Act exempting certain vehicles, horses and cattle from, 998. 
 See Toll. Roads. 
 
 ORONTO, 
 
 Council to appoint two auditors in December o! every year, 192. 
 
 (See 52 Vic. ch. 36, sec. 10, p. 1205.) 
 Auditors of to make annual report, 193. 
 Selection of jurors for, 1216. 
 
 }WNS. 
 
 Municipal rights of, not affected by reduction of area, 20. 
 
 Erection of into cities, 24. 
 
 Adjustment of debts of, when erected into cities, 25. 
 
 Lieutenant-liovernor may determine limits of, 25, 
 
 May lie made cities by proclamation, 25. 
 
 Extension of, 26. 
 
 May be diviilcd into wards by Lieutenant-Governor, 26. 
 
 Continue part of counties for some purposes, 27. (r) 
 
 Electors to assent to l)y-law for separation from counties, 28. 
 
 May be erected into city when addition made tliereto, 28. 
 
 May be withdrawn from jurisdiction of county by by-law, 2S. 
 
 Petition may be presentetl re<iuiring submission of by-la^^ for 
 
 annexatmn, 28. 
 May be ro-uuited to county after withdrawal, 30. 
 Withdrawal from county not always a i)ecuniary ail vantage, 30. (a) 
 Conditions of re-union with county, 31. 
 liy-laws in force in, before erection into city, contiuoed, 45. 
 Liability for debts upon erection into city, 46. 
 
 178 
 
1418 
 
 INDEX. 
 
 Action,, 
 
 TO V\ H8— [Continued. ) 
 
 Adjustment of debts and assets upon annexation or extension of 
 
 limits, 47. 
 What Dffioers and council iiave jurisdiction in, r pon forniation,4$ 
 How represented in county councils, 60. 
 
 Amount of rating on real projjerty required to qualify elector 'a 
 Who to vote where no voters list includes new territory, 75.' ' 
 Council may pass by-law appointing place for holding electjo 
 
 When lirss election to be held in, 78. 
 
 County council may purchase land for public offices in, I73. 
 Ma> or to Le the head, 179. 
 
 Collectors and assessors to be appointed in, 189. 
 PuMic.'ition of annual financial statement of, 194. 
 Accounts may be audited daily in, 19(5. 
 Reeve in, to be ex officio Justice of the l^eace, .308. 
 When requireil or entitled to have a Police Magistrftte, 309 A 
 Police otlices to be established in, 322. ' ' "^j 
 
 Councils may constitute board of police commissioners in,,3< 
 To share liability for maintenance etc., of county buildinM*"3u I 
 To ooinponsate counties for use of county buildings, ,344. 
 By-laws for dividing wards into polling subdivisions, 376. 
 Assent of Board of Health required to enlarging cenieterieii I 
 383. ^1 
 
 Saving clauses as to boundaries, in Municipal .Act, 620. 
 
 Sec By-Laws — Elbctions. 
 
 TOWN CLE UK. 
 
 If a solicitor may have u lien on corporation papers for 
 .303. (c) 
 .S'c« Clkbk. 
 
 TOWN HALL. 
 
 Nomination meetings to be held at, 90. 
 
 Nominations to be held at, 91. 
 
 Public declaraticm tobe made at, by clerk of rcaultof olectioil 
 
 May be disposed of when not re((uircd, 351. (c) 
 
 By laws for acquiring land for in town or village by town 
 
 473. 
 Township and other meetings may be held and notices dmuJ 
 
 such hall, 473. '^ ■ 
 
 Exempt from taxation, 713. 
 
 TOWNSHIPS. 
 
 Defined for purposes of Municipal Act, 9. 
 
 Portions of may be included in new town or city, 25. 
 
 How attached to other municipalities, 31. 
 
 When junior township may become separate corporation JU 
 
 Arran^'eniunt of joint assets and <lebtii upon dissolution of i 
 
 33. 
 Union of new townships by county council, 35. 
 EHV-ct of disHolucion of union, 36. 
 Seniority of, where united, 30. 
 By-lcwH in force in, bitforc s' paration, continued, 45. 
 Liability for debt^ upon separation from union, 47. 
 
 iTOtVNSHIPS 
 
 What 
 
 How ] 
 
 Counc 
 
 QualiH 
 
 AmouE 
 
 When 
 
 Electio: 
 
 by 
 
 Where 
 
 Reeve ti 
 
 CoJJecto 
 
 Publicat 
 
 May gua 
 
 Reeves ii 
 
 See J: 
 
 )\VNSHIP BOl 
 
 )n-NSHfP COE 
 
 Extent of ^ 
 
 May set a/ 
 
 Union of n, 
 
 May select 
 
 To select ih 
 
 Cannot voir 
 
 rate, 2t 
 
 May erect 1 
 
 See t\Y 
 
 iCTION KNGI2* 
 Act to regu 
 DE. 
 
 Income from 
 Councils not 
 Power to Ji 
 licenses, 
 By-laws in n 
 Regulation ol 
 ^Vhat, hive " 
 ^hen, are di 
 %-l.iW8 for J 
 of fire, 4; 
 See PuBL 
 PIC. 
 
 See Kro 
 
 SIENT TIIADIL 
 
 %;laws for rej 
 
 ""ject of pr„v| 
 
 Bylaws for reJ 
 
 to be credf 
 
INDEX. 
 
 INDEX. 
 
 reft\ property re<l«^ ^ territory, 75. , 
 voters ^^V^'^'^Xceior holding election ! 
 law appointing pi» 
 
 <• be be^^^^"']^*' public offices in, 173. 
 purchase land tor p 
 
 laiteddaily »».';;"• p^^ce, 308. , 
 
 '•^''Se'd'fcfhVve a VoU^^ Magistrate, 309, J 
 estftiAished in, 322. igsionera in, 323, I 
 
 ^^, te board of poUce com^^^^^^y building,Jft 
 
 Ir maivt««'^"«^ ^f^uAty buildings, 344 
 j_Eliiction«. 
 
 1419' 
 
 have 
 
 U.n on corporation papers for , 
 
 tinastobeheldat,90. 
 
 be held at, 91. . ^i^^k of result of election. li 
 
 Viring lan^i tor in 
 
 1 ^„ be held and notices post. 
 
 Ler meetings may be 
 
 lixiition, 713. 
 
 Les -^^^^"nS^:^?^^* or city. 25. 
 L'TXmnnici^pamies,^^^^^^^^ 
 
 Lnshiv«hy county council. 35. 
 
 l««on«fum"n.»6. 
 
 I here ""'t^*^' ;**' ration, continued 4o. 
 Ku'p;m;:;-ion from union, 47. 
 
 TO^VNSHIPS— { Con<iHwd. ) 
 
 What officers and council h,\ve jurisdiction in, upon separation, 49. 
 
 How represented in county r^ounoil, 50. 
 
 Councils of, how composed, 55. 
 
 Qualification for office where no assessment roll, 61. 
 
 Amount of rating on real property required to qualify elector, 74. 
 
 When first election to be held in, 78. 
 
 Elections to be by general vote after dissolution of union and not 
 
 by wariis, 79. 
 Where there are no wards elections to be by general vote, 79. 
 Reeve to be the head, 179. 
 
 Collectors and assessors to be appointed in, 189. 
 Publication of annual financial statement of, 194. 
 May guarantee p.iyment of local improvement debentures, 258. 
 Keeves in, to be eu; ojicio Justices of the Peace, .308. 
 
 See Alooma, etc. — By-laws. 
 
 nVNSHIP BOUNDARIES.— ^ep Highways. 
 
 iWNSHIP COUNCIL. 
 
 Extent of jurisdiction of, over unincorporated village set apart, 22. 
 
 May set apart unincorporated village, 22. 
 
 Union of unincorporated villages by, '23. 
 
 May select deputy reeves where township divided into wards, 80. 
 
 To select deputy reeves where township divided into wards, 80. 
 
 r'annot voluntarily pass a by-law imposing rate in aid of county 
 
 rate, 208. (6) 
 May erect loek-up houses, 3.36. 
 
 See By-Laws— Municipal Codncii.s -Meetinos of Munic- 
 ipal Councils. 
 
 ACTION ENGINES. 
 
 Act to regulate the use of on highways, 1013. ,),' 
 
 )E. 
 
 Income from, entitles to vote, 72. 
 
 Councils not to grant monopolies in, 212. 
 
 Power to license to include power to fix amount of fees for 
 
 licenses, 212. 
 By-laws in restraint of void, 21ii (/) 
 Regulati«»n of, held valid, 213. (/) 
 What, hive been deemed uuisanciis, 397. (t) 
 When, are deemed public nuisances, 401. '.w) 
 By-laws fur preventing or regulating, whjn dangerous on a^cccunt 
 
 of fire, 428. 
 
 iSVe Public Hk..lth — Transient Tradkks. 
 
 FIG. 
 
 See Hiohways. 
 
 BIENT TRADERS. 
 By-laws for regulating and licensing, .380. 
 Object of provision for licensing, 380. (</) 
 
 By-laws for retjuiring payment of sum l>ofor(?. commencing to tradu 
 to be credited on aooount of taxes, .380. 
 
 ■f<»l 
 
1420 
 
 INDEX. 
 
 TKANSIENT 'VRAD^iRS -{Continued.) ^^SV.]r,, 
 
 .1 ,,.it 
 Trailers carrying ou buainess through agents, etc., aubj';ct b, 
 
 provision, 380. 
 Banlirupt Ktooks not subject to provisious respecting, 381. 
 TRAPPING — Set Gamk and Fuk Bearing Animals. 
 TRAVELLERS. — By-luwa to prevent the iiupurtuniug.of, 424. 
 
 See Highways. 
 TREASURERS. 
 
 Term of odiuo of, in provisional county, 38. 
 Obligation of sureties of, in provisional county, 39. (v) 
 To deliver up books on separation of new county, 42. 
 Duties of, upon formation of new corporation as to special ratei 
 
 Di8qualifie<l for election to municipal council, 61. 
 I'o furnish eertiiicate to voter upon piy luent of arrears of taxes 'l 
 Should not be permitted to act as bank agent, 130. (kj ' 
 To be ai)pointed by every council, 183. 
 Oltice incompatible with that of member of council, 183. (M 
 Personal representatives may be sued for default of, IS4 (,•, 
 
 * To give security, 184. 
 
 Accounting tor moneys includes payment over, 184, {j) 
 
 Defences to acticms upon bond? of, 184. (j) 
 
 Annual enq'iiry to be nuide sis to sulficiency of security 184 
 
 Effect of council neglecting en(iuiry, 18.5. (k) 
 
 To receive antl take care of moneys, etc., 18.5. 
 
 Effect of making payments, etc., without due instructions, 185 / 
 
 May keep money, etc., at his house where no bank near is/i ! 
 
 Liabilitvof, limited, 187. ' " 
 
 Protecte<l by by-law or resolution of council, 187. (h) 
 
 Provision in cmsc of death of, 187. 
 
 ^ Security of treisurer />/-o /ft//», 187. 
 
 To nuike half yearly statements of assets, etc., 187. 
 Should not deposit moneys to his own credit. 188. (o) 
 To make out annual list of persiUis in default for tuxes 1$S 
 To nuike returns to Bureau of Industries, 188. 
 
 .Moneys payable to nmuicipalities in default to l» J 
 tjuncd, 189. ■ 
 
 Successor may draw moneys after dismi-saal from otHoe, 
 Withdrawal of moiuys will notatl'cct rights againstsurttiis I8!lii|| 
 Disqualified from oeing auditor, 19*2. ' | 
 
 Extent of diw^ualilication, 19'-'. (r) 
 Sureties of. not relieved i)y auditors uegiectiiig to inakereMl 
 
 Annual financial statement m ly be posted up in office of I9ji 
 
 Council to finally audit accounts of, !<(.'>. 
 
 Form of declaration of ollice to l)e made by, IDD. 
 
 To verify facts in by-l;iwa re(juiring assent of Lieutenantlrtra 
 
 TREASURERS -(6^ 
 
 Miiy be auth 
 
 To keep bool 
 
 Not entitled 
 
 *e As> 
 
 AOA 
 
 aovt 
 
 TREES. 
 
 or, '-MS. 
 To certify under oath to returns made to Provincial In 
 
 •287. 
 Kxpvnses of executing commission of enquiry into finance un 
 
 by, '289. 
 To see that money collected prcperly applied, 302. 
 
 liy-hwa for m 
 By- Ju MS for re 
 Liability of ne 
 389. (z) 
 
 By-Jaw for alloi 
 Policy of legisli 
 Not to be deem 
 sidewalk, 3 
 liy-Iaws pieven 
 Not necessary ti 
 Malicious iiijnn 
 
 By-laws for eufct 
 
 |{y/aw.9 for remc 
 
 Ac( tonic^iirafje plan 
 
 hnort title, 101 7 
 
 Ky-Jaw necessary 
 
 Planting trees oti 
 
 Irees not to obsti 
 
 wner of fa.n, ^^ 
 
 I I'operty i„ trees 
 
 Hyiaws for |)ayi, 
 
 birch trees, e 
 
 J.vlaw to provi.J., 
 
 ' rmted copies of I 
 
 I 'anus under by-J 
 
 Inspector to repi 
 
 bonuses etc., i 
 
 Provincial treasnrJ 
 
 ualf the sum i 
 
 Appropriation for ■ 
 
 Penalties for tieinj 
 
 ^ etc.. 10 J 9. f 
 
 ^^pplicationoffinos 
 ' t-nalty f,„. m■^^^,.iJ 
 
 bylaws re8,M3ctin.4 
 
 'See FauiT 'VhA 
 
 :.BSPA8SKS.-.sWPounJ 
 
 BUCKS. 
 
 Holice^_commiM/one 
 RU^STEES.-Lpo,,,g^,| 
 piiNPiKK ROADS. 
 
 S«e Highways- 
 
 ■-tV-:'*f| 
 
INDEX. 
 
 -{Gonthmed.) 
 
 m buainesB through agents, etc., subject t« 
 
 )t subject to provisions respecting, 381. 
 
 ID Fur Bearing Animals. 
 
 to prevent the importuning of, 424. 
 
 1 provisional county, 38. 
 
 iea of, in provisional county, 39. (») 
 
 8 on separation of new county, 42. 
 
 ination of new corporation as to special ratei, 
 
 ction to municipal council, 61. 
 
 te to voter upon payment of arrears of taxesjt 
 
 uitted to act as bank agent, 130. {k) 
 
 / every council, 183. 
 
 ! with that of member of council, 183. (A) 
 
 atives may be sued for default of, 184. (i) 
 
 i:eys includes payment over, 184. (j) 
 
 i upon buiidP of, 184. (j) 
 
 be made as to autliciency of security, 184, 
 
 ugleoting emjuiry, 185. (k) 
 
 u care of moneys, etc., 185. 
 
 lyments, etc., without due instructions, 183, 
 
 etc. , at Ilia house where no bank near, 186. 
 
 !d, 187. ., ,„„ 
 
 iw or resolution of council, 18/. («) 
 
 )f death of, 187. 
 
 •er {iro Uin, 187. 
 
 •ly statements of assets, etc., 187. 
 
 t moneys to his own credit. 188. (o) 
 
 lal list of persons in default for taxes, 188, 
 
 ,(> IJiirtiau of Indiistrii'S, 188. 
 
 itayable to municipalities in default to be J 
 
 iw moneys after dismissal from (itHce, 
 
 icya will not atlect rights again8tsuatie8,189.lf|j 
 
 oeiiig auditor, 192. 
 
 itication, I9'J. M . , 
 
 iliuved l»y auditors neglecting to inakeKponJ 
 
 itatcment m ly be posted up in office of, 1% 
 audit aociiunta of, 19."). 
 on of ollice to l)e made by, 199. 
 by-laws reijuiring a.ss(!iitof LieutenantOon 
 
 oath to returns made to Provincial Tn 
 
 I ting commission of eiupiiry into tiimcepiji 
 
 y collected pr« perly applied, 302. 
 
 U21 
 
 TREASURERS -{Continued. ) 
 May bo authorized tn h 
 
 'See A8.SK8.SMn:N.,,4_jjy.}^'^«»«'»Jan8fer8. 30(J. f„, 
 Against Mc;njoip4i rt ~ '''^k<'tt()ns — vJLr, 
 
 TREES. "*** 
 
 By-law necessary to niakf ,.*„«* • 
 
 Clai.... m„'ler byl.,^ t^be r^?"' "l' ".P. 1018. 
 lu.|x.otor to ro,K.rt annually to' '"'"t'"""''' '"IS. 
 
 Application of fines, IOI9 highway, 
 
 I'enalty for injurinir trppa r... 1 
 
 By laws ro8pecti„^?toeTon h 'T''"'^"'"' '^0- 
 
 RESPASSES.-.SWP0UNU8. ^""'^«'^^'^- 
 
 RUCKS. 
 
 RUSTFPS ^ w "^^'^ foi* hire. 
 
 RUSlhES.-^« PoucE VTUMGKs-80,,001. T., 
 PRNPIKK ROADS • -Ikustejss, 
 
 ;i 
 
 See HiOHWAYs-ToLL Koads. 
 
1422 
 
 INDEX. 
 
 UNDUE INFLUENCE. 
 
 See Corrupt Practices — Elections. 
 
 ULTRA VIKES. 
 
 Act of corporations when, absolutely void, 9. (e) 
 
 By-laws void us being, afiford no protection for acts done nnH. 
 
 them, 2.38. "" 
 
 By-law made ultra viren by amendment may be moved agaiMi 
 
 after a year frum passing, 244. (m) j 
 
 UMPIRE. 
 
 Third arbitrator not to be deemed, 291. {g) 
 Appointment of, on arbitrations on drainage works, 680. 
 
 UNINCORPORATED TOWNSHIPS- May be formed into unio^ jj 
 
 UNINCORPORATED VILLAGES. 
 
 Jurisdiction of township councils continued in, 22. 
 May be set apart by township council, 22. 
 Union of, 23. 
 Meaning of, 609. (b) 
 
 See POLICB VILLAGES — VlUiAOES. 
 
 'UNION OF COUNTIES. 
 
 Effect of dissolution of, on united townships in different counti I 
 
 Agreement as to assets, etc., upon dissolution, 39. 
 Council of, not tt) be interfered with by provisional council «i 
 Arbitration in case of disputes upon dissolution, 40. ' 
 
 Members of provisional councils not to vote in, 40. 
 Final separation by proclamation, 41. 
 
 Corporation of, a trustee for the corporation of the nmnj ,1 
 council, 191. (2 2) "provuiMij 
 
 Provision as to couutv buildings on separation, 342. 
 Improvements by either county of a union, 468. 
 Either council separately to carry on such improvements 4ffl 
 Reeves, etc., of the counties in^rested alone to vote 468 
 Payment for improvements, 469. ' 
 
 Trejisurer to pay over moneys without deduction, 4fl9. 
 T<» whom to pay over, 4G9. 
 How property to be assessed in such cases, 469. 
 •S'ee Cou.NTiKS. 
 
 UNION OF TOWNSHIPS. 
 
 See A LOOM A — Townships, mra 
 
 UNIVERSITIES. 
 
 Members of, exempt from service in municipal office 66 
 Exempted from taxation, 715. ' ' 
 
 UNIVERSITY OF TORONTO. 
 
 By-laws for providing for support of pupils at. 420. 
 By-laws for endowing scholarships, etc., at, 420. 
 
 UNMARRIED VVOMAN.-6'ee Bv-LAwa— Elections. 
 UNOCC^UPIED IJINDS.— AV As.sessmbnt. 
 
RACTICB8 — Elections. 
 
 when, absolutely void, 9. (c) 
 
 ng, afford no protection for acta done under 
 
 vireH by amendment may be moved agaimj 
 um passing, 244. (m) 
 
 »t to be deemed, 291. (g) 
 
 I arbitrations on drainage works, 580. 
 
 tVNSHIPS.— May be formed into uniom, 3i 
 
 .LAGES. 
 
 nship councils continued in, 22. 
 
 y township council, 22. 
 
 ,LAQES— VlUiAOKS. 
 
 n of, on united townships in different countin 
 
 isuts, etc., upon dissolution, 39. 
 
 be interfered with by provisional counca 39, 
 
 I of disputes upon dissolution, 40. ' 
 
 ioual councils not to vote in, 40. 
 
 f proclamation, 41. 
 
 trustee for the corporation of the provisiomil 
 
 [zz) ' 
 
 mty buildings on separation, 342. 
 
 eitner county of a union, 468. 
 
 irately to carry on such improvements, 46J, 
 
 e counties interested alone to vote, 468. 
 
 jvemeuts, 4()9. 
 
 iver moneys without deduction, 469. 
 
 ver, 4G9. 
 
 Hi assessed in such cases, 469. 
 
 Townships, btc. 
 
 ipt from service in municipal office, 66. 
 ixation, 715. 
 
 1433 
 
 INDEX, 
 UNOBGANIZED DISTRICTS ~«? n 
 UPPER^CANAD.! COLLEGE.' '""^''^-'^'^^^o. Uc.,,^_ 
 
 VACANT LAND. 
 
 By-laws to enclose, 423 
 iiy-lawa for cleanim? of If.. ^ 
 
 'S-e^AssfissMB^^''^ streets adjacent to, 431 " 
 
 VACCINATiON. 
 
 Hospitals etc., to furnish vi- *'**'•' J<^«9. 
 Hospitals etc. to urn£u !*"""« '"^tter to med.o . 
 NoM-arrantto^88ueKavr'"."r"«'"f"ru?ei'^^ r"' 1069- 
 vaccine matter' SyH""'"'^^ «'''*«* 'o boLtll'^Tl'' ^^^ 
 Annual .atement as tJt,,„,,,, ^ ^^ J'^' ^ Wpi„, 
 
 Municipalities to employ .edleal man to :^^ '^"■^^**-' 
 
 ^s^ tfff- - -^«^i vaccina::':;r""*^ 
 
 -See. AshESSMKNT. 
 
 Certificate that i.hiir vaccinator, 1074 
 
 Fees under cottrac« "«n«oeptible to vacdne A' 
 
 When compulsory vaccin/f^ *'^*' ^^75. 
 
 Effect of ProclumJtionrheadX'^ •«'''^°^«d. i075 
 
1424 
 
 INOBZ. 
 
 VAGRANTS. 
 
 Who to 1)6 deemed, 339. (r) 
 
 May bj sent to Houce of Correction, etc., 339. 
 
 May be sent to Gaol where no }louae of Correction, 339. 
 
 By-laws for piinisiiment of, 396. 
 
 Statutory provisions aa to, 396. (q) 
 
 VALUATORS. 
 
 May b«) appointed in cities by mayor and assessment commiggioB 
 190 "*'. 
 
 , County t tuucil may appoint, 196. 
 
 T-r:, to: 196. 
 
 l\v law • . )r appoiiiiinent of, .S.'il. 
 My h-vi for tixiny fees, etc., of, 353. , 
 
 : ■•; ASHRSSMKNT. 
 
 VAULTS. —By ■» for leasing or selling land in cemeteries for, 330 
 
 VEGETABLES. 
 
 By-lawH for regulating sale .ind measurement of, 454. 
 
 VEHICLKS. 
 
 Hire of, to be deemed bribery, 161. 
 
 By 1 iwa for prcveiitiiu,' the (>i»strt:otion of streets, etc 
 
 By-laws to prevent enildren from riding behind, 44'). 
 
 Miirki'fc foes upon, 447- 
 
 By-laws lor regubiting, when used in market vending, 4.")S 
 
 By laws for regulating and licensing owners of, 4fi5. 
 
 Sef HlOHWAYS — I'OLItlE CoMMISSIONKRS—l'lTBMc |(,,, 
 
 VESSELS. "' 
 
 By-lawa for regulating loading or unloading; of, in harbours 
 By-l.iws to prevent the oncumburing of harbours, etc., Lv ivt 
 Vhen exempt from taxation, 7-1. 
 .S'cf Livjuou L10KNHR.H. 
 
 '»y.43a 
 
 VICE. 
 
 By-laws for suppression of, 395. 
 Sec I'lrm.ii' Moram. 
 
 VICTUALLTNCJ HOUSES. 
 
 By-laws for regulating and licensing, 379 
 What ineludeifin term, ,S79. (e) 
 
 VILLAGE (M.ICRK— A'ce Ci.krk. 
 
 VILLAGES. 
 
 Incor])ovation of, 16. 
 
 DispiLsition of property and debts of, on separation, 17, 
 AdJHHtinent of liuliilities of, on incorporation, 18, 19, 
 Extension of boundaries of, by r<ieutenant-( rovernor, 19, 
 Annexati<m of, to adjoining municipalities, 20. 
 Municipal rights of, not nffeetod by reduction of area, 2ft 
 When, may become unincorporated, 20, 
 Adjustment of liabilities and assets of, when annexed to iil]^ 
 
 ing municipalities, 21. 
 Setting apart of, when unincorporabsd, 22. 
 Erection of, into a town, 24. 
 May be made a town by proclamation, 25. 
 
 [FOTERS. 
 
 ^.imesofnot 
 ^UMber of ne 
 L'ec/arafcion 0/ 
 
 ^ee AssKs.s| 
 
 TERS' LISTS. 
 
 dumber of natt 
 deputy ree 
 
 ^"mberofna^n 
 
 yo person to vo 
 
 *% be used as 
 
 ^0 be open to », 
 
 Clerk to furniX 
 Ad liexperling^ 
 
 AI)an(Jo,i"menfc of 
 Action for p«„al, 
 Address of voter 
 
 AlphaboticaJ list 
 
 Alterations in Jia( 
 
 Amendment of nc 
 
 Appeal, Court ofl 
 
 Assessment roJJ, , 
 
 '''''"cto.'as'ei] 
 
 Assessors, antien I 
 
 fit' ' ?''P"">tnieJ 
 
 m 
 
IMDBX. 
 
 liU 
 
 of Correction, etc., aw. 
 vhere no House of CJorrection, 339. 
 
 nt «)f, 396- 
 M to, 396. («) 
 
 itioa by mayor and assessment commissioner, 
 ippoint, 196. 
 
 „g or selling land in cemeteries for, 383. 
 ig sale and measurement of, 454. 
 
 h\ briberv, Ifil- , ^ . . , 
 
 ■„;, the ..i.stri:otion of streets etc., hy, 431 
 clfildrcn from riding l)ehma, 44.^. 
 
 f«; when used in market vending, m. 
 ing and licensing owners of 4fi5. 
 
 inc loading or unloading of, in harbours, „,, 
 the encnmhoring of barlx.urs. etc.. by, 431 1 
 1 taxation, 721. 
 
 ORNSRS. 
 
 vcrty and debts of, on separation 17. 
 , lilities of, on incorporation, 18. 19. 
 ularies of, by Lieutenant-Uovernor, 19. 
 , adjoining municipalities, 20. 
 of not affe'^tod by reduction of area,2fl 
 
 lJ,airie8 amHIieto' of. when annexed to ,i^ 
 
 ilities, 21. ^ 
 
 when unincorporatwl, iK. 
 
 a town, 24. 
 «wn by proclamation, ZQ. 
 
 liJng or enlarging 
 
 VILLAGES— (Cott/»nti«rf. ) 
 
 By^TawarforcVrn".'^^" '^^''" *^'»>t'*on made th. . 
 
 Who to vote v??fro„r;lCT!r*y. required to qualifv „1 . 
 
 Assent of B„ards of HeaUfa 'reaailS'':'"*'"''^ *'i''«d. 99 
 cemeteriea in. 383. ^^^'^^'-ed ^o establishing or 
 
 By-laws for the ,u amotion ,.f 
 
 Bridge, so aequire. tT>tto.f C1Sb'"'««» ^y. 486. 
 See INCORPORATKD Vru An " ' „^- 
 
 , VILLA0B8. ''''*^~^^"CEC0N8TABLB8 Pn. 
 
 VIOLENCE-Use of towards voters to h« ^ , "^-^ouc 
 
 JVOTERS. "" *" ^ ^''^'^^ undue influence, l,,. 
 
 Names of not to be poimf^^i *. 
 
 Number of necessary Soo^tir^f *')'*" ""«« «» liat 6o 
 Declaration of number of! form of ^T'y ^----^52^" 
 
 OTERS' LISTS. ^^- 
 
 Number of names noon <•.« k 
 
 deput,- reevesl'fS"' ^ "^ «°""*«d and declaration filed b. 
 Number of names upon finfiM- . "" nied by 
 
 Number of names i r.on'„?^**. '"*? township to den-.f« 
 
 ^.y Bexpertinff. *^ * ^"^ extracts from, 182. 
 
 Abandonment of appeal 1171 
 
 Action for penalties, triil of, 1175 
 Address of voter, 1160. 
 Algoma, jurisdiction of T)iat^;^t. t , 
 Alphabetical list of voteS 'h^J'^'''^^^ '"• "63. 
 Alterations in Hat, statement of bv I a 
 Amendment of notice or nrnL i-^ ''"'''f®' I»67. 
 Appeal, Court of. cwefo?^?- ''"«"' "71. 
 A8se.ssment roll wh^,! f' ^^'""T "^ ' ^ ' 72. 
 
 'TSit"?i?ii/r--^«^^^^^^^^^^^ 
 
 Attmlance of wit.ie8ses, 1166 
 
1426 
 
 INDBX. 
 
 1" 
 
 VOTERS' USTS-iContinued. ) 
 
 Certificate of clerk to beendorBed on Hats, 1162. 
 Certificate nf -lud^o tu be eiidoraed on liHta, 11G7. 
 Certified voters' lists to bo final, WHS. 
 Clerk of municipality, dnties of, llfi8, 1102, 1166, 1107, II75 
 
 Notice of complaint to be given to, 116fi. ' 
 
 Liability of for costs, 1171, 1174. 
 
 Failure of, to perform duties, 1160, 1173. 
 
 Fees of, 1169. 1170. 
 
 Vacancy in office of, 1165. 
 
 Subject to summary jurisdiction, 1169, 117S. 
 Clerk of peace to post up list, 1162. 
 
 Judge to transmit certified list to, 1167, 1168. 
 
 >■(. 
 
 hi) If 
 
 If 
 
 If 
 
 .Sdn.ti'.'fieimr 
 
 ^('t i : 
 
 i.(,.' 
 
 Application to Judge by where clerk of nuiuicipality n«i>i«<. j 
 duty, 1173, 1174. **" 
 
 Penalty for nei^lect of duty, 1 174. 
 
 To funiish copies of listo, 1176. 
 Colourable transfer of property, 1174. 
 Commencement of Act, 11 S7. ' 
 
 Complainant, death of, 1171. 
 
 Liability of for costs, 1172. 
 Complaint or appeal, 11622. ., " 
 
 Notice of to clerk, 1165." '"' ' 
 
 Abandonment of, 1171. 
 Confirmation of list when no complaint made, 1167. 
 Constable, appointment and duties of, 1170. 
 
 Fees of, 1170. 
 Copies of documents, 1176, 1176. 
 Correction of list by Judge, 1164, 1166. 
 Costs, 1171, 1172, 1174. 
 Court, notice of holding, 1166. 
 Court of Appeal, coite lor opinion of, 1 172, 
 Court-room, municipality to provide, Il(i9. 
 Death of appellant or complamant, 1 171. 
 Diaijualificatiou, ap])eal on ground of, 11(),3. 
 District Judges, jurisdiction of, 1168. 
 Documents, inspection and copies of, 1176. 
 Entry of name on roll to be made without request, 1164. 
 Krrors in lists, costs occasioned by, 1)71. 
 Evidence, effect of certified list as, on scrutiny, 1168, 
 
 Etfaut of assessment roll as, on revision by Judije, 11(12, 
 Falsifying lists, penalty for, 1174. 
 Farmer's son, 1169, 1160. 
 Fees. 1169. 
 
 Final revision, time within which to be completed, 118'. 
 Finality of certified voters' lists, 1 168. 
 Fines and penalties, ll67, 1174. 
 Forms, 1176. 
 
 Frauds, report to Judge as to, 1171. 
 Freeholder, entry on list <»f (>erson asseased ax, 1)6'0, 
 Householder, entry on list of person iia.'-e?».ed as, 1160, 
 Income, entry of voter qualified in reMpect «(f. litio, 1161 
 Inspection and copies 01 documents, 117r>. 
 Interpretation, 1167. 
 Jndge, decision of, final, 1162. 
 
 VOTERS' LISTS 
 
 Liabiljtj 
 Manhoo( 
 Mnnitoui 
 Mistakes 
 Miinici}),! 
 
 Muskoka 
 Names, ii 
 Kntn 
 Nlpissinu" 
 Notice of ( 
 An/i>n 
 Ot trii 
 Of hoj 
 Pnrry Soui 
 Penalties a 
 Polling,' sub 
 Kntry , 
 PrstOfReoj 
 Pointing up ( 
 Notice < 
 J'ostniastern 
 J'roporty, to 
 « >uali/ic.iti(>n 
 Under i\ 
 As farm( 
 Evidenct 
 Ra.ny River, 
 fieri property 
 Repeal of Vof 
 Kxceptioi 
 Report of Jud 
 Revision of Li 
 Time witJ 
 Rules of proce 
 School niasten 
 Scrutiny, certi 
 Sheriff to post 
 Short title, 11.5 
 Statement of ci 
 Stipendiary M.-, 
 Taxes, persons 
 Tenant, entry o 
 Thujider Ray, ji 
 Transmission o; 
 Trial of actiojis 
 Voters, addresH 
 To be en ten 
 Alphabetic;! 
 Voters' lists, cop 
 
 <'t)rtificatc t( 
 Certi ficate t. 
 Posting up 
 Confirmation 
 
IMDBZ. 
 
 INDKX 
 
 1427 
 
 ^endor.6donU.t« 1162. 
 be endowed on h-ts, 1107. 
 
 i„t to be given to. 1166. 
 
 )BtB. 1171. 1174. 
 
 form duties, HbO. 117d. 
 
 70. 
 
 ;;/yS;Sdlction. 1169. 1175. 
 
 it up list, 1162. 1168 I 
 
 i^:bf:U"e clerk of mumcipaUty negl«, 
 
 lect of duty. 1174, 
 
 e8of UstB. 1176. 
 
 of property, ll<*- 
 
 /^ct. 1157. 
 
 'Of. 117 1- 
 costs, 1172. 
 
 il, 1162. 
 erk, 1165. 
 
 ;UeTnocompUlnt-^e.l»67. 
 Snent and duties of. 11*0. 
 
 VOTERS' LlSTH-(('onfinuejl. ) 
 
 its, 1175,1176. 
 by'judge, 1164. 1165. 
 
 117*- «^ 
 oUUnjj, 1166.. 
 ca»e for opinion of. 117^. 
 
 ,cipalltytoV'-°^V^*J,V,''- 
 ,tircomplamM.t,ll71. 
 
 ,pi,eal on ground of. llt>3. 
 iurlsdictiouof, 116». 
 
 Lfa occasioned by, lui- 
 
 t)»i8 ocuw» Bcrutiny, 1168. 
 
 trenfroU^.- revision by Judge.118^ 
 
 *nalty for, 1174. 
 |59, 1160. 
 ,„.e within which to be completed. 11«. 
 ied voters' lists, 11«». 
 iies, 1167, 1174. 
 
 \^ •^"'*,^!i'^f*?;»\"n assessed an. llfiO, 
 Ly on bst ot li« «^^" „g,e,.ed as. 1160. 
 
 Upies of documents, U/- 
 tenal. 1162. 
 
 Liability "f persons n«lded to roll, 1 173. 
 
 ManhtHxl fniiicliiRe, 1IA9, llf!0. 
 
 Mnnitoulin, jurisdiction of Stipendiary MftuUtrate* ?n llfiS 
 
 Mistakes, iwwcr of Judge to correct. 1164. ' 
 
 Municipality to provide (!ourt room. 11«)9.* 
 
 Muskoka, juriHtliction of Stij)ondi«ry Magistrate in 1168 
 
 Names, insertion in or omission of from list, 1 167. ' 
 
 Kntry of on iiipliabeticul list of voters, 1158, 11. ')9 
 Nipissinu, jurisdictiiui of Stii>eudiary Magistrate' iu, lieS" 
 Notice of complaint, 1 105. 
 Anjen<lment of, 1171. 
 
 Of trannmiwion and posting up of list, to be published, 1 162 
 Of holdiiig (.oiirt, 1166. 
 Pnrry Sountl, juristliction of Stipendiary Maeistrates in llOR 
 Penalties and Hnoa, 1167, 1174, 1176. * * "**** 
 
 Polling sub-divisions, lists of voters to be made for, 1159. 
 
 Kntry of voter assessed in more than one sub-division IIKO 
 Prst Office address of voter, U60. ' ' 
 
 Poking up of list, 1161, 1162. 
 
 Notice of, 1162. 
 ] 'ostmasters to post up lists, 1162. 
 J'roperty, coi(mral)Ie transfer of, 1174. 
 OualiHcation in respect of property or income, 1159, 1163. 
 Under Manhood Suffrage Act, 1169. 1160. 
 As farmer's son, 11.59, 1160, 
 Evidence of want of, 1 164, 
 Ra.ny River, jurisdiction of Stipendiary Magistrate in. 1168. 
 Kcfl property, (iualificntion in respect of, 1 169. 
 Repeal of Voters l-ists Act, (Ifev. Stat. c. 8). 1167. 
 
 Kxceptioiis. ll.')7. 
 Report of Juilge as to frauds, 1171. 
 Revision of Lists, 1162. 
 
 Time within which to be completed, 1167. 
 Rules of procedure, board of Countv Judges may make. 1176. 
 School masters to post up lists, 1 162. 
 Scrutiny, certified list as evidence on, 1168. 
 Sheriff to post up list. 1162. 
 Short title. 1 156. 
 Statement of changes. 1167. 
 Stipendiary Magistrates, jurisdiction of, 1168. 
 Taxes, persons addetl to the roll liable for, 1 173. 
 Tenant, entry on list of person assessed as, 1160. 
 Thunder Bay, jurisdiction of District Judge in, 1168. 
 Transmission of list, notice of, Il62. ' ~ 
 
 Trial of actions for penalties. 1176. ' 
 
 Voters, DddresH of, 1 160. '.Ju...,., ,,., 
 
 To be entered in only one polling sub-division of ward. 1169, 
 Alphabetical list of, 1458. 
 Voters' lists, copies to be printed and distributed, 1160. 
 Certificate to be endorsed on by clerk. 1162. 
 Certificate to be endorse^.! on by Judge. 1167. ' 
 Posting up of, 1 162. 
 Confirmation of, wken no (^mplalnjts madd, 1167. 
 
 
 4 
 
liia 
 
 INDXX. 
 
 VOTERS' U8T8— (Connn«ed.) 
 
 Vot«n' Lilts Aot, m««ning of the expreuion, llfi7. 
 Witneuea, coinp«Uitig atteiidauoe of, llOU. 
 
 Sea Hy-Laws — Kakutiunm — Fkanciuhb — Manhood 8ui. 
 
 rRAOB. 
 
 WAOOONS.— By-law* to prevent cliildren riding behind, 446. 
 WARDENS. 
 
 To memorialize (governor in counoil to annex village, 17. 
 Appointment and term of oflioe of, in proviaiunul county, 38. 
 May renign his oiflue verbally in council or by written noticiti 
 
 clerk, I.-n "' 
 
 Providiou in caae of death of, 131. 
 How vacancies in office filled, 132 
 Procedure to uontest ekcliun v)f, 136. 
 To be elected at lirst nieetinc of county council, 170. 
 When elected de facto, entitled to hold office until removed ht I 
 
 Court, 172. ip) ^' 
 
 May be runiunerutud for Bcrvicos, 175. 
 May Bumniun special uicutiiigH of council, 176. 
 How special meetings sunimoued in cmv of absence or death ot I 
 
 To be head of county and pio visional corporation, 179. 
 May appoint treasurer protein, 187. 
 
 No property qualification required to act as Justice of thePual 
 309. ^* 
 
 See AS8K88MENT. 
 
 WARDS. 
 
 New division of cities and towns into, 20. 
 No town to have less than three, 26. 
 To contain not less than 500 inhubitnnts, 26. 
 Division of discretionary with LieutenautOovcnior, 27. («) 
 '' To be represented by three aldermen in cities, 53. 
 
 Kepresentatiou of, in township council, ItH. 
 Re-division of, time for hohling first election after, 78. 
 Division of, to cease in united townshipa upon dissulution, ID 
 Division or abolition of, in townships, 80. 
 Same assessor an<l collector may act in more than one, I'JO, 
 By-laws for dividing into polling sub-divisions, 377. 
 (S'ee Elkctions. 
 
 WAREHOUSES. — By-laws for securing, against accidents by liii,4i:J 
 
 WARRANT.— 6>e Con8TAblk8. 
 
 WATCH-HOUSKS.— To be provided by councils for police, 331. 
 
 WATER. 
 
 Corporation has no right to discharge surface water on k| 
 
 oUier's land, 350. (y) 
 By-laws for contracting for supply of, 366. 
 Powers of muuicipulitius supplying, 3GG. 
 Corporations m.iy require security from cousuuier, 3()0. 
 Liability of municipJity for failure in supply of not affecttij 
 
 WATKR- 
 B 
 
 Ml 
 By 
 
 \VfATEH CI 
 By.J 
 
 Pow 
 
 7ATER CO 
 
 Coun 
 
 liesti 
 
 Af(inj( 
 
 Muui( 
 
 By la, 
 
 Autho 
 
 C'ounci 
 
 Hea<I ( 
 
 Not bo 
 
 SUI 
 
 Not Jitt 
 
 3m 
 
 jATEli COUi 
 By-JttWi 
 
 in, ■, 
 Removal 
 Three dt 
 
 Iter fowi 
 
 pR MA1N.J 
 
 tm work] 
 
 i^tbta inc 
 Council n 
 RestWcti^ 
 %-Iaw8 
 
 Estimatesi 
 Poll to be 
 %law to 
 " by Jaiv 
 Assent of 
 tend 
 
im>Kx. ' 
 
 U2tf 
 
 IMDBX* 
 
 ^ .'Vkt 
 
 LgoUheexpr««ion.nB7. 
 
 vent chiWren 
 
 riaingbeWnd,44B. 
 
 nor in council to «;;^"« ^^^^^^^^^ % 
 
 death of. 131. 
 
 Ilico filled. 132 
 
 ,t election of. l.il>- „,cU, 170. 
 
 .t meeting «> """^A office until reraovedk, 
 
 ficto, entitlea * 
 
 ngB Bummuncil lu ^»'« 
 
 I ovovi«ional corporation. 1-9. I 
 
 »«rer rro t*;;".. '^^^^ act a. Ju.tice of theP«, 
 ification requirea 1 
 
 ;NT. 
 
 ::.,.«.«Hn„..ai».taoade»t.>.y««.«.| 
 S. 359. (!/) , of, 3C6. 
 
 h^ntTorf°X'ir.upi.iy »' ""H 
 
 liicip ""J ^ I 
 
 WAT ER— {CoiUinued. ) 
 
 Bylaws for eatibllaliing and regulating wellt, etc., 400. 
 
 For analysii of, 400. 
 
 For HIHnff up welli, etc., 400. 
 Municipality liable for divcraion of, 400 (u) 
 By-laws to regulate uleanlinuHs uf 4.')3. 
 
 Ste DiTCIUM ANU VVaTKHOUUIUBS— DitAINAOl— Harbovm— 
 
 Local Impkovkmknts— Uivkhs. 
 
 IvATEU CLOSETS. " 
 
 By-laws for filling up of, 400. 
 
 For regulating the construction of| 402. 
 Powers of councils as to, 402. (s) 
 
 m'ER COMPANIES. 
 
 Council may exempt from taxation, 277. 
 
 Restrictions on power to exempt, 277 (a) 278. (ft) 
 
 Municipalities may make contracts witli lor w ater sui)ply, 386. 
 
 Municipalities to have same powers as in certain oases, 366. 
 
 By laws to authorize layins of pipes })y, .S93. 
 
 Authority required to lay down pipes, 393. {g) '' 
 
 Councils may take stock or lend money to, 391. ; 
 
 Head of council in such case to be a director, 394. ' 
 
 Not bound to furnish water to all buildings on inaiu line of 
 
 supply, 393. (17) 
 Not liahle in absence of proof of negligence for escape of water, 
 
 393. (g) 
 
 ^ATER COURSES. 
 
 By-lawH for opening or stopping up, 359. 
 
 for keeping up gates in fences, 389. 
 for opening, in another municipality, 442. 
 to prevent obstruction of, 476. 
 for levying expense of removing obstructions, 476. 
 for imposing peuultius on persons causing obstructions 
 in, 476. 
 Removal of obstructions from, when in two municipalities, 476. 
 Three descriptious of, in England, 475. (h) 
 
 Ste l)iTCHE.sANu Water CuunsiCs—DRAiNAaB. 
 ,TER FOWL— iSce Gamk amu Fok Bearino Animals. 
 lER MAINS.— 5m Railways. 
 
 [Eli WORKS, 
 
 Debts incurred for, to be payable In thirty years, 261, 209. 
 Council n»ay ex« ipt from taxation, 277. 
 Restrictions on po wer to ex«;nipt, 277. (a) 278. (6) 
 By-laws for constnuition and maintenance of, 378. 
 
 Tor compelling use of water so supplied, 378. 
 
 for construction of, 462. 
 Estimates to be published and notice of poll, 463. 
 Poll to be held, 463. 
 
 Bv-Iaw to be passed within three months, 463. 
 If by law rejected not to be re-submitted for three months, 464. 
 Assent of electors not necessai'y in certain cases to by-law to ex- 
 tend or enlarge, 463. 
 
 ;M1 
 
1430 
 
 INDEX. 
 
 # 
 
 .lX(iii^^^ 
 
 l>tiM9li 
 
 .8< 
 
 ,inaoot 
 
 WATER WORKS— (Con/»»a«rf.) . .l.»vnu>,?o )) >1>IJJ0 7/ il.r 
 
 Lieutenant- (lovernnr muot nasent to Hlioh by-Uw, 463/ 
 Offer must be mode to existing oompauy for purohase of worki 
 464. a ^ 
 
 Act to proxide/or the conatruction o/muniripal water worka. 
 
 Corporations of cities, towns, villages, and townshipB may cog. 
 
 struct water works, 687. 
 Powers to appoint officers, acquire lauds, water neoessaiy fg. J 
 
 suub purposes, 687. 
 Power to enter on lanils and appropriate streaims, etc. , 687. 
 Disputes between corporation and owner, etc. , of property to U I 
 
 settled by arbitration, 687. 
 Provision where owner an infant or under disability, 688. 
 Payment of amount awarded, 688. 
 Payment into court in cases of disability, 688; 
 Service on parties under disability, U88. 
 When notice may be given by publication, 688. 
 Lands, etc., on payment vest in coriM)ration, 689. ' 'M 
 Power to construct necessary works, ($89. 
 Corporation may enter on intermediate lands and lay down pjimI 
 through •♦anie, 689. '^^t 
 
 Lands and highways to be restored to original condition m|mI 
 
 as possible, ()89. 
 Corporation may set out lands necessary, 689. 
 Power to lay (town pipes ami make alterations, 690. 
 Compensation for damages done, 690. 
 All property vested in corporation, 690. 
 Carrying pipes across railways, 690. 
 Corporation to lay clown service pipes and be responsible for»| 
 
 pairs, ()90. 
 Laying service pipes across space between line of street and [ 
 
 of supply, fiOO. 
 Payment of costH of laying service pipes, etc., 691. 
 Service pipes to be under control of corporation, 601. 
 Repairs in service pipes, 691. 
 Stop-cock inside of wall of building not to be used by 
 
 tenants, 691. 
 Regulation of taps to be used by water tenants, 691. 
 Power to enter for inspection of premises and other preiniaei,i 
 Regulation of use of water and of rates, 092. 
 Rates, etc., to be a charge on property, <i92. 
 By-laws foi mnintainance and inanagement of works, 692. 
 
 for collection of water rents, etc., 692.' 
 Enforcing payments of rents, (>9S. 
 Mode of conducting distreos and sale, 693. mn,. 
 Lien for rate not invalidat«<l by attempts to collect, 6!)3. 
 Sale of lands subject to liun i>y treasurer, 69.^. 
 Power to employ oolloctors and other officers, 69.S. 
 Protection and powers of officers, 694. 
 Limitation of actions, 694. ' '«$<l>iil. v t 
 
 Non-liability of corporation for broaka^d or itopiuiije, 694, 
 Property upon which corporation has niatie adviuicce, (mj 
 
 from execution, 694. 
 Supplying water outside of munioipality, 604. 
 Property no longer rcquireil may be sold, 695. iw 
 
 00", 
 .or). 
 
 .oor 
 
 J0i,'jla( 
 
 SOT .fl'ii 
 dvu>) ui i 
 
 giit4(bii'»' 
 
 Honey 
 ian 
 Beve2m( 
 Power t 
 C!ounoil 
 Powers ( 
 Employe 
 
 699. 
 ■Authorit 
 Head of i 
 
 Kumber , 
 Majority 
 
 Qualificdt 
 
 Commissi 
 When pJa 
 Salary of 
 Commissi. 
 Council m 
 -Assent of 
 Comuji8si< 
 Books to 
 Annual re 
 Commissii 
 Accounts 
 Comoiiiiaio 
 Record of 
 iiates to b( 
 Constructi 
 By-iaws in. 
 
 p ,*'"«• thi 
 ^atei to be] 
 
 Persons teii 
 
 Connty Ju, 
 
 Jyiaws for 
 
 Wunicipaiit;, 
 whole ■ 
 
INDEX. 
 
 naed.) *-^-^'^ 
 
 ,or murt nssent to Buch by-law. 463. 
 
 rtciexUtiug compauy for purohaso of work^ 
 
 rtirtion of municipal water work». 
 
 tS tow»B. villages, and townships maycoo- 
 
 rSce^r^" acquire lands, water nece«»ary fe | 
 
 f'lfmlB and appropriate strettms. etc, 687. 
 co?porItioi. and owner, etc. , of property tu U | 
 
 ^w.';:;'^ iSt or nnder disability. 688. 
 
 lilt awarded, 688. 
 
 nt in ciisca of disability, 68& 
 
 B under disability, 088. 
 
 jr be given «»y. P^^^'cation, 6^ 
 
 ►avment vest in conx)ration, 689. _^ 
 
 ll^rTnYtere^'lik^^^^^^^ -<1 ^-y ^o- pi J 
 
 Syfto be restored to original condition m«,| 
 
 , get out lands necessary, 689. ^ -^ 
 (vn pipes and make alterations, 690. ^ 
 ,r damages ^If*"-.. Jj*J. ^ .^^^ ^^^^., , j 
 
 a ted in corporation, 0»u. 
 
 pipes MroM n>~=« >"'"<'™ «■>•«' """"'I 
 
 tH of laying service pipes, etc., 691. 
 , be nncler^oontrol of corporation, 691. 
 
 ^of^n'of building not to be used t 
 
 *«, l,a iiftad bv water tenants, 691. 
 
 „eor«'«»r«n«i'>ft»t»,«W. 
 
 Uection of water rents, etc.. 692.| ■ ^ 
 monts of rents. <>98. 
 
 I powers of offieers, 694. 
 
 ,''Spor!?iti for breakage <»r top|.a,« ^ 
 ;„ wE corporation ha- nmie advauce, m 
 
 nition, 694. _ :^.i:4,„ ftoi 
 
 ter outside of munictpality. B«4. 
 o,.ger required may be sold, 095. 
 
 1431 
 
 •• I I i i 
 
 WATER WORKS-.(Co„^.„„,^, 
 
 Nomemberof oounniJ *>v k • 
 
 Penalties for infraction. , *"** '^*«n^at"ig supply 
 
 ProhibitionapJ'SS: ?S^ ^^-^--a. 696. 
 
 Hindering or interr Jpiu,^ „« 
 
 lite f "^ ^'ater. 696^^* °®««" «nd works, 696 
 
 Fouli„g^?t:;tfe^ •^"P-cooks, etc., 697 
 Altering meters. 697 * *"^**' *»7. * "^- 
 
 Tamtiug water, 697 ToWktion, 
 
 Summary conviction fnr off 
 „ ^Application of penahf^T fa^"^' ^^^' 
 
 Money borrowed for work. ♦ u* *^8' 
 
 lands, 698. *"^^ *<» ^ » first charge on ^ t 
 
 Revenue to form part of on«, .• °'''" •"'^ 
 
 Power te P"rchasre;'isti.^'^^'J*j<'J^^^^^ 698. 
 Council may exercise all n **' "w. 
 
 Authority of council to provide mon '^ --"^--ners. 
 
 Head of council to be fi/oEl"**"*^" "o* affected. 699 
 Jiumber and election of com.nii^''"'"''"""""^^. «99 
 Majority te constitute a quo r^^^ 
 
 Qualification of commissSntrsfiM- 
 Commissioners to tak« «lf»! ?' .- 
 
 When place of SuuniSrlo^"^ 
 
 Salary of commissioners, iaS *">""»« vacant. 699. 
 
 Commissioners not to be in fl' ;', . 
 
 Council may remove commisS '" *'?'»''-acts, 700. 
 
 Assent of efectors requi^d in JS',*"^ '^^"^e control 700 
 
 Commissioners to keen 8mw.!?f *^" ***•«' 7U0. °'' 'w. 
 
 Books to be open tolLpSo^Hr^^^^^f '^^'^r rates 700 
 
 Annual returns to be nS L. J^^ ''"""<"^ 7uO. **'' ^^• 
 
 Commissioners to f«rn"sh In wSo^ ^^ <'<>«»> issioners 700 
 
 ConstructiX'wtrToXS^^ '•^•— • 701. 
 
 ^-X"k" '--"ptS^^^^^^^^^ 70. 
 
 By-laws for renting h« i * '^ "^'^ "" "»«l» 
 
■•;/E 
 
 1432 
 
 INDEX. 
 
 WATER W0B.K9— (Continued.) 
 
 Petition for the oonatruotion of water works, 703. 
 Oounoil to prepare by-law for water works, 703. 
 By-law to ue submittetl to electors, 703. 
 Petitioners may be reauired to make deposit, 703. 
 DepoBit to be refunded if by-law oarriecC 704. 
 
 To be forfeited if by-law rejected, 704. 
 Prooeedin|(s in taking vot« on by-law, 704. 
 If by-law approved, council to construct works, 704. 
 Provisions of Municipal Act as to corrupt practices to apply 704 
 Act to be incorporated with Muciiipal Acts, 704. ' 
 
 See Railways. 
 
 WAX WORKS. 
 
 By-laws for licensing exhibitions of, 391. 
 
 WEEDS. 
 
 By-laws for preventing growth of, 389. 
 
 For appointing an inspector, 389. 
 As to dutv of railway companies with regard to, 389. 
 See Noxioos Wkkds. 
 
 WBIOHINQ MACHINEa 
 
 By-laws for erecting, maintaining, and charging fees form. ^ 
 406. (/) ""^ 
 
 By-laws for seizing bread, etc., when light, 364. 
 
 WEIGHTS AND MKASUUES. 
 
 By-laws imposing penalties for sales by short weight, 457, 
 
 (y) 
 
 See Makkrts. 
 
 WELLS. 
 
 
 By-laws for eatablishing and regulating, 400. 
 for tilling up of, 400. 
 See Oir. Wblls. 
 
 WET LANDS. 
 
 By-laws for purchose of, 474. 
 
 How money may be raised therefore, 474. 
 Corporotion may sell by public auction when drained, 474. 
 How proceeds of sale to be applied, 474. 
 By-laws for declaring that lands enclosed when Iwundarv mhI 
 through, 474. ' '^' 
 
 WHARVES. 
 
 By-laws to regulate cleanliness etc., of, 353. 
 For removal of obstructions from, 3r)3. 
 For making and preservation of, 354. 
 For regulation of, 354. 
 For ereotinjj and renting of, f«'>4. 
 For granting aiil in construction of, 36.1. 
 Assent of electors required, ^5!>. 
 Security may l)e taken from person to whom \)o\iMum 
 .355. ' 
 
 For regulating and cleaning, 4.33. 
 When the property of Canada, not to be interferred vittk 
 councils, 512. 
 WHK AT— Abolition of market fees upon, 445. 
 
 Jn'flE 
 iwHO 
 
 iwiDo 
 
 mFE 
 
 nu) 'J 
 rjKE I 
 
 1 
 
 c 
 
 J' 
 
 A 
 W 
 
 H< 
 
 Mj 
 I'n 
 
 Vvi 
 
 -Act 
 
 Ju8t| 
 
 CouJ 
 
 OtJi.i 
 U rei 
 
 }MES. \\ 
 
 Aiiolil 
 \o( if 
 
 )i'()('K 
 it)s See, 
 
 ih 
 
INDBX. 
 
 U39 
 
 ^l Act as to corner £ nQi. 
 L with Muoi'^iP»i Aot», <"*• 
 
 .n^S.I.ect?'^ 3^?j, regard to. 389. (y) 
 
 r rt^at^*«SS» """^""^^ ^^''" lK.uuaaryi«. 
 
 K;dprewrvationo!,3W. 
 In of, 364. . ^, 
 
 L.flgKLS. — By-lawR for regulating width of tires upon, 442. 
 IwHOLESALE LICENSES.— (Sec Liquob Licenses. 
 I^jPDW.— .S^ee Elections. 
 
 I WIFE. 
 
 Member of municipal oooncil may qualify on property of, 57, 60. 
 Elector may vote upon property of, 08. 
 llusbantl may vote on tenancy of, 70. 
 
 I!;itepiiyer qualitie«l to vote on hy-lav^-s on property of, 226. 
 Of party to be competent witnuas in cuaes under Municipal Act, 
 315. 
 riliH <).-\TS.— '"?c« Noxiors Weel?. 
 
 lviM> TURKKYS.— <SVe CJamk and fuu bearing Animals. 
 flRE FENCES.— 6'ef Snow Fences. 
 
 How attond.uicc c()mi)ellc(l on enquiry as to corrupt practices in 
 
 ol)tainiiig by-lawa, '2-lii. (I) 
 Conipeiisatioii <>i upon in(|uiry into finances, 288. (a) 
 I'uWLTa of commibhioners to CDUipul attcmlancc of, 289. 
 JSt'fil not criminate tliemsolves upon sucb an ouqiiiry, 289. (h) 
 Who may bo, in summary proceotliuKS umler by-laws, 312 (A) 
 
 In oases under Munioipal Act, SITi. 
 How attentlauoo compelled in proceouinga under by-laws, 316, 
 
 31(). {>') 
 May be examineil before police commissioners, 324. 
 I'rivile^'i'S of, in .such casus, 324. 
 
 l»()Wi'r.s<if t'ounty JiidgfaatofUinmoningon investigations, 327 {j) 
 Privileges of on such investi^'ations, 347. i j) 
 
 See E1.KCT10N.S— LiytoK Lh,'Enses— Voters' Listo. 
 
 lOl.VEi"'. 
 
 Act to encourage dtstrnyinp of, 1131. 
 
 IVrsou killing wolf to produce head with ears on before Justice 
 
 of the Peace, 1131. 
 .lustice of the I'eaco to give his certilicate after cutting off ears, 
 
 1131. 
 ('ouiity treasurer to pay reward upon production 0' oertiBeate, 
 
 1131. 
 Otiier county exponaes to bo first paid. 1131. 
 If rcwanl not ])aid (certificate may be tendered in discharge of 
 
 rates, 1 1 32. 
 
 « y/ 
 ^MF.N. When (lualifiod to vote at municipal clectiona, 67. 
 
 )D. 
 
 Aiiolition of market fees upon, 445. 
 
 Not reiitiired to be measured before sale unleas parties so desire, 
 
 446. 
 By-laws for regnlating sale and meaaurement of, 454. 
 
 SiH FlKKS. 
 
 JDOOCK— .S'ee (iami: and Fur uearin«; Animals. 
 
 }L. f 
 
 Almlitioii of market fees upon, 44."). 
 
 \])S. Scf iNTKUJ'UKTA'riO.N 
 
Ii i 
 
 1434 
 
 INDEX. 
 
 f 
 
 WORK-HOUSES. 
 
 May be orectod by cities and towns, 330. 
 Who may be committed to, 339. 
 
 WORKMEN. 
 
 By-1awfl for licensing and regulating intelMgence offices for, 
 
 Establishing evening classes tor, 1219. 
 
 WRIT OF SUMMONS.— 5'ee Controvertkd Elections. 
 
 WRITS. 
 
 In hands of sheriff at time of separation of now county, 42, 
 Continuation of, where in hands of sheriff at separation of i 
 
 county, 43. 
 
 Not to bo executed by sheriff of senior county in new county,! 
 Priority of, how preserved upon separation of now county, 4| 
 
 See Elections — Executions aoainst Munioii>al Cork 
 
 TION.S. 
 
 YEARLY RATES.— Sec By-Laws. 
 
 YELLOWS. — Owners and occupants to destroy trees affected by, 10|]| 
 YORK, COUNTY OF.—Provision for selection of jurors in, 1216 
 YOUNG PERSONS.— S'ee Shops. 
 
!^ 
 
 INDEX. 
 
 es and towns, 339. 
 id to, 339. 
 
 ind regulating intelligence offices for, i 
 asses tor, 1219. 
 Controverted Elections. 
 
 ime of separation of now county, 42, 
 3 in hands of sheriff at separation of g 
 
 sheriff of senior county in new coniity,{ 
 •ved upon separation of now county, { 
 
 XECUTIONS AUAINST MUNIOIx>AL C'oRl\ 
 
 JIWS. 
 
 ipants to destroy trees affected by, imi 
 ision for selection of jurors in, 1216. 
 
 )PS. 
 
 ^^^